CALIFORNIA EDUCATION CODE Archive edition: edc-2026.09.09.1 Collected: 2026-09-09T23:22:17.855249+00:00 through 2026-09-09T23:36:30.613306+00:00 Parser: edc-structural-2 Unofficial source observation, not an atomic snapshot or legal effective-date selection. All published section versions are preserved. Regulations, case law and CDE guidance are excluded. Table cells use tabs. See manifest.json for source validation and checksums. ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 1. Source version: id_ca9266e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. This code shall be known as the Education Code. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 2. Source version: id_ca93ed87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 3. Source version: id_ca93ed89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. The provisions of this code, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 4. Source version: id_ca95742b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or hereafter made. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 5. Source version: id_ca95742d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. Title, division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 6. Source version: id_ca95742f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. If any provision of this code, or the application thereof to any person or circumstances is held invalid, the remainder of the code, and the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 7. Source version: id_ca96fad1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. Whenever a power is granted to, or a duty is imposed upon, a public officer, the power may be exercised or the duty may be performed by a deputy of the officer or by a person authorized, pursuant to law, by the officer, unless this code expressly provides otherwise. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 8. Source version: id_ca96fad3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the provisions of the code giving the authority. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 9. Source version: id_ca96fad5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. The time in which any act provided by this code is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 10. Source version: id_ca988177-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. Unless the provisions or the context otherwise requires these general provisions, rules of construction, and definitions shall govern the construction of this code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 1 Construction of Provisions [1. - 11] SECTION 11. Source version: id_ca988179-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=1. (a) For purposes of this code, “assessed value” means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for the 1981–82 fiscal year and fiscal years thereafter; and, tax rates shall be expressed in dollars, or fractions thereof, on each one hundred dollars ($100) of assessed value to, and including, the 1980–81 fiscal year and as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter. (b) Whenever this code requires comparison of assessed values, tax rates or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis, and the same amount of tax revenues would be produced, or the same relative value of an exemption or subvention will be realized regardless of the method of expressing tax rates or the assessment ratio utilized. (c) For purposes of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio. (Added by Stats. 1978, Ch. 1207.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 2. Continuation of Rights and Duties [20 - 23] SECTION 20. Source version: id_ca9b8ebd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=2. All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code shall continue to hold them according to their former tenure. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 2. Continuation of Rights and Duties [20 - 23] SECTION 21. Source version: id_ca9b8ebf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=2. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 2. Continuation of Rights and Duties [20 - 23] SECTION 22. Source version: id_ca9d1561-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=2. No rights given by any license or certificate under any act repealed by this code are affected by the enactment of this code or by such repeal, but such rights shall hereafter be exercised according to the provisions of this code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 2. Continuation of Rights and Duties [20 - 23] SECTION 23. Source version: id_ca9d1563-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=2. All persons who, at the time this code goes into effect, are entitled to a certificate or credential under any act repealed by this code, are thereby entitled to a certificate or credential under the provisions of this code so far as the provisions of this code are applicable. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 3. Language of Instruction [30 - 30.5] SECTION 30. Source version: id_d87d42fd-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=3. (a) English shall be the basic language of instruction in all schools. (b) The governing board of a school district, or community college district, and any private school may determine when and under what circumstances instruction may be given bilingually. (c) It is the policy of the state to ensure the mastery of English by all pupils in the schools, provided that bilingual instruction may be offered in those situations when that instruction is educationally advantageous to the pupils. Bilingual instruction is authorized to the extent that it does not interfere with the systematic, sequential, and regular instruction of all pupils in the English language. (d) Pupils who are proficient in English and who, by successful completion of advanced courses in a world language or by other means, have become fluent in that language may be instructed in classes conducted in that world language. (e) (1) A community college may offer courses taught in languages other than English. Students may enroll in these courses without being required to concurrently enroll in an English as a Second Language (ESL) course. (2) Nothing in this section shall be construed to prohibit a community college student from enrolling in an ESL course, or preclude a community college from complying with the requirements set forth in subdivision (a) of Section 78221.5. (Amended by Stats. 2023, Ch. 559, Sec. 1. (AB 1096) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 3. Language of Instruction [30 - 30.5] SECTION 30.5. Source version: id_ca9e9c09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=3. (a) Notwithstanding any other provision of law, bilingual education shall be defined as a system of instruction which builds upon the language skills of a pupil whose primary language is neither English nor derived from English. For purposes of this paragraph: (1) “Primary language” is a language, other than English or a language derived from English, which is the language the pupil first learned. (2) “Derived from English” means any dialect, idiom, or language derived from English. Both of the following shall be construed as being derived from English: (A) Any dialect, idiom, or language that has linguistic roots connected to English. (B) Any dialect, idiom, or language that has a syntax distinct from English, yet can be traced linguistically as derived from English. (b) A school district shall not utilize, as part of a bilingual education program, state funds or resources for the purpose of recognition of, or instruction in, any dialect, idiom, or language derived from English, as defined in paragraph (1). (Amended by Stats. 2001, Ch. 750, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 5. General Provisions, Public Schools [50 - 54] SECTION 50. Source version: id_cacde96d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=5. The public schools other than those supported exclusively by the state, are day and evening elementary, and day and evening secondary schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 5. General Provisions, Public Schools [50 - 54] SECTION 52. Source version: id_cacde96f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=5. The secondary schools of the state are designated as high schools, technical schools, and adult schools. (Amended by Stats. 1990, Ch. 1372, Sec. 5.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 5. General Provisions, Public Schools [50 - 54] SECTION 53. Source version: id_cacde971-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=5. The high schools of the state are designated as four-year high schools, junior high schools, senior high schools, continuation high schools, and evening high schools. Evening high schools may be designated as adult schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 5. General Provisions, Public Schools [50 - 54] SECTION 54. Source version: id_b9b93a90-aa11-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=5. Notwithstanding Section 1020 of the Government Code, any pupil attending a California public secondary school who is under the age of 18 years may serve on any board or commission established pursuant to this title or Title 2 (commencing with Section 33000) that includes members who are pupils or minors. (Added by Stats. 2018, Ch. 182, Sec. 1. (AB 1887) Effective August 24, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 6. Administration and Certification of Oaths [60- 60.] SECTION 60. Source version: id_cacf6f15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=6. The Superintendent of Public Instruction, Deputy and Assistant Superintendents of Public Instruction, secretary of the Superintendent of Public Instruction, members of the Board of Governors of the California Community Colleges, the Chancellor of the California Community Colleges, county superintendents of schools, school trustees, members of boards of education, secretaries and assistant secretaries of boards of education, city superintendents of schools, district superintendents of schools, assistant superintendents of schools, deputy superintendents of schools, principals of schools, and every other officer charged with the performance of duties under the provisions of this code may administer and certify oaths relating to officers or official matters concerning public schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 70. Source version: id_cad27c59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 71. Source version: id_cad27c5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 72. Source version: id_cad27c5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 73. Source version: id_cad27c5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. The masculine gender includes the feminine. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 73.2. Source version: id_51adfcb8-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 27. (SB 1005) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 74. Source version: id_cad27c61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. The singular number includes the plural, and the plural, the singular. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 75. Source version: id_cad40303-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 76. Source version: id_cad40305-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Oath” includes affirmation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 77. Source version: id_cad40307-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “State” means the State of California, unless applied to the different parts of the United States. In the latter case, it includes the District of Columbia and the territories. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 78. Source version: id_cad40309-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Governing board” means board of school trustees, community college board of trustees, and city, and city and county board of education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 79. Source version: id_cad589ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “City superintendent of schools” includes the superintendent of schools of a district lying wholly or partly within a city and county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 80. Source version: id_cad589ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Any school district” and “all school districts” mean school districts of every kind or class, except a community college district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 81. Source version: id_cad589af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Union school district” means a district composed of two or more school districts situated in the same county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 82. Source version: id_cad589b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Joint union school district” means a district composed of two or more school districts situated wholly or in part in different counties. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 83. Source version: id_cad589b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. A unified school district means a district maintaining grades kindergarten or 1 through 12. A unified district may comprise territory in more than one county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 84. Source version: id_cad71055-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “City school district” includes a school district lying wholly or partly within a city and county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 85. Source version: id_cad71057-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. Whenever “high school district” is used in this code, unless a contrary intent appears, it includes union high school districts, joint union high school districts, and county high school districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 86. Source version: id_cada1d99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. A high school district, other than a city high school district, comprising two or more elementary school districts lying wholly in the same county is a union high school district, and such designation shall be part of its name. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 87. Source version: id_cada1d9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. A school district lying in more than one county is a joint school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 88. Source version: id_bd8b7afd-0553-11da-8afc-9fdb6e1d0b6c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “State Board” or “state board” whenever used in this code means the State Board of Education, unless the context requires otherwise. (Added by Stats. 2005, Ch. 118, Sec. 1. Effective July 25, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 89. Source version: id_cadba43d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. The word “department” whenever used in this code, unless the context otherwise requires, means the State Department of Education. (Amended by Stats. 1980, Ch. 1059, Sec. 1. Effective September 26, 1980.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 90. Source version: id_cadba43f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. With respect to the personnel of school districts and other educational agencies, the terms “certificated” and “certified” have the same meaning. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 91. Source version: id_46f66133-fcb2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “World language” means any language other than English, including American Sign Language, and is synonymous with “foreign language.” (Added by Stats. 2018, Ch. 865, Sec. 2. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 92. Source version: id_cadd2ae1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “County” or “counties” as used in Sections 2300, 12300 to 12307, inclusive, 41000 to 41964, inclusive, 42100 to 42128, inclusive, 46000 to 46392, inclusive, 84000 to 84850.5, inclusive, and 85000 to 85430, inclusive, whichever are in effect, includes a city and county. (Amended by Stats. 1990, Ch. 1372, Sec. 7.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 93. Source version: id_cadd2ae3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. Wherever, pursuant to this code, any state department, officer, board, agency, committee, or commission is authorized to adopt rules and regulations, such rules and regulations which are building standards, as defined in Section 18909 of the Health and Safety Code, shall be adopted pursuant to the provisions of Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the provision of this code under which the authority to adopt the specific building standard is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted prior to January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Enacted by Stats. 1979, Ch. 1152.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 94. Source version: id_c48d71f8-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Frontier school district” means a school district that meets either of the following conditions: (a) The total number of pupils in average daily attendance at all of the schools served by the school district is fewer than 600. (b) Each county in which a school operated by the school district is located has a total population density fewer than 10 persons per square mile. (Added by Stats. 2022, Ch. 83, Sec. 1. (AB 2337) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 95. Source version: id_cadd2ae5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “Superintendent” or “superintendent” whenever used in this code means the Superintendent of Public Instruction, unless the context requires otherwise. (Added by Stats. 2004, Ch. 896, Sec. 1. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 96. Source version: id_c392c887-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. “At-promise” has the same meaning as “at-risk,” as that term is generally understood, and consistent with federal law. (Added by Stats. 2019, Ch. 800, Sec. 1. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 1 General Provisions [1. - 97] ARTICLE 7. Definitions [70 - 97] SECTION 97. Source version: id_2538eda6-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=1.&article=7. The term “emotional disturbance,” as defined in Section 300.8(c)(4) of Title 34 of the Code of Federal Regulations, and used throughout this code and the California Code of Regulations, as that term relates to the provision of special education services, may also be known as “emotional disability” under state law. (Added by Stats. 2024, Ch. 149, Sec. 1. (AB 2173) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 1. Declaration of Purpose [200 - 202] SECTION 200. Source version: id_c610b30a-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=1. It is the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, equal rights, and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies that will eliminate these discriminatory acts, including discrimination not just because of one protected trait, but also because of the combination of two or more protected bases. (Amended by Stats. 2024, Ch. 779, Sec. 3. (SB 1137) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 1. Declaration of Purpose [200 - 202] SECTION 201. Source version: id_cae0382d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=1. (a) All pupils have the right to participate fully in the educational process, free from discrimination and harassment. (b) California’s public schools have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. (c) Harassment on school grounds directed at an individual on the basis of personal characteristics or status creates a hostile environment and jeopardizes equal educational opportunity as guaranteed by the California Constitution and the United States Constitution. (d) There is an urgent need to prevent and respond to acts of hate violence and bias-related incidents that are occurring at an increasing rate in California’s public schools. (e) There is an urgent need to teach and inform pupils in the public schools about their rights, as guaranteed by the federal and state constitutions, in order to increase pupils’ awareness and understanding of their rights and the rights of others, with the intention of promoting tolerance and sensitivity in public schools and in society as a means of responding to potential harassment and hate violence. (f) It is the intent of the Legislature that each public school undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of pupils to equal educational opportunity. (g) It is the intent of the Legislature that this chapter shall be interpreted as consistent with Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 1981, et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Equal Educational Opportunities Act (20 U.S.C. Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53, incl., Civ. C.), and the Fair Employment and Housing Act (Pt. 2.8 (commencing with Sec. 12900), Div. 3, Gov. C.), except where this chapter may grant more protections or impose additional obligations, and that the remedies provided herein shall not be the exclusive remedies, but may be combined with remedies that may be provided by the above statutes. (Added by renumbering Section 45 by Stats. 1998, Ch. 914, Sec. 5. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 1. Declaration of Purpose [200 - 202] SECTION 202. Source version: id_4aaac456-5c92-11ee-8099-c71447addb82 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=1. The Legislature finds and declares all of the following: (a) California reaffirms that its laws and public policy support accurate and inclusive education in all of California’s schools, including in all school districts, county offices of education, and charter schools. (b) The California Constitution protects pupils’ rights to share ideas and beliefs, including the right to receive information and knowledge, and guarantees pupils equal protection under the law. (c) Education is a fundamental right under the California Constitution. State statutes further place upon local educational agencies the affirmative obligation to combat bias against pupils within their schools. Under California law, California schools must create an equitable learning environment where all pupils, including lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and Black, Indigenous, and other pupils of color feel welcome, including through honest discussions of racism, the history of slavery in our society and in California, and the diversity of gender and sexual orientation that reflects the lived reality of those pupils. (d) Accurate and inclusive education is essential to ensure the educational success of all pupils, including LGBTQ pupils and Black, Indigenous, and other pupils of color. (e) Restricting access to classroom and library materials because they feature LGBTQ people or were written by LGBTQ authors discriminates against LGBTQ people and constitutes censorship in violation of California law and policy. Similarly, efforts to categorically exclude topics related to race, ethnicity, gender, sexual orientation, or other protected characteristics, or of present or historical discrimination based on protected characteristics, from school library collections, curricula, or classroom discussions constitute censorship that violates California law and policy. (f) The Superintendent and other state officials and agencies have the authority to enforce federal and state laws that protect pupils from unlawful discrimination and harassment and that require local educational agencies to create an equitable learning environment for all pupils, regardless of race, ethnicity, gender, sexual orientation, or other protected characteristics. This authority includes the power to ensure that local educational agencies comply with laws supporting pupils’ right to receive accurate and inclusive education in California’s schools. (Added by Stats. 2023, Ch. 229, Sec. 1. (AB 1078) Effective September 25, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 10. Section 504 of the Rehabilitation Act of 1973 [270- 270.] SECTION 270. Source version: id_7fc0e529-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=10. (a) Notwithstanding Section 632 of the Penal Code, a parent or guardian or local educational agency shall have the right to audio record the proceedings of meetings and any team meetings held pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). The parent or guardian or local educational agency shall notify the members of the team of the parent’s, guardian’s, or local educational agency’s intent to audio record a meeting at least 24 hours before the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded. (b) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or any other educational entity that is subject to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). (Added by Stats. 2023, Ch. 81, Sec. 1. (AB 87) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 11. Notification [280- 280.] SECTION 280. Source version: id_be369f3a-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=11. (a) By October 1 of each year, the department shall issue a management bulletin to all local educational agencies describing the protections, requirements, and responsibilities prescribed in Sections 244, 262.3, 48980, 51500, 51501, 60151, and 60152, and in Chapter 5 (commencing with Section 33800) of Part 20 of Division 2 of Title 2. (b) The Superintendent, in consultation with the executive director of the state board and the Antisemitism Prevention Coordinator established pursuant to Section 33803.1, shall develop and maintain a distinct internet web page containing resources and information specific to antisemitism on its internet website. (Added by Stats. 2025, Ch. 428, Sec. 4. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 210. Source version: id_cae95ff1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. The definitions in this article shall govern the use of the terms defined for purposes of this chapter. (Added by Stats. 1998, Ch. 914, Sec. 8. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 210.1. Source version: id_8c009866-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Disability” includes mental and physical disability as defined in Section 12926 of the Government Code. (Added by Stats. 2007, Ch. 569, Sec. 3. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 210.2. Source version: id_cc18956c-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code” includes any of the following: (a) Any combination of those characteristics. (b) A perception that the person has any of those characteristics or any combination of those characteristics. (c) A perception that the person is associated with a person who has, or is perceived to have, any of those characteristics or any combination of those characteristics. (Amended by Stats. 2024, Ch. 779, Sec. 4. (SB 1137) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 210.3. Source version: id_8bac84f4-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Educational institution” means a public or private preschool, elementary, or secondary school or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools. (Added by renumbering Section 210.1 by Stats. 2007, Ch. 569, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 210.7. Source version: id_b85c23d9-317b-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (Amended by Stats. 2011, Ch. 719, Sec. 4. (AB 887) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 211. Source version: id_cae95ff5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Governing board” means the governing board of a school district. (Amended by Stats. 1998, Ch. 914, Sec. 10. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 212. Source version: id_8d82084a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Nationality” includes citizenship, country of origin, and national origin. (Repealed and added by Stats. 2007, Ch. 569, Sec. 6. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 212.1. Source version: id_d2b4c88e-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. (a) “Race or ethnicity” includes ancestry, color, ethnic group identification, and ethnic background. (b) “Race” is inclusive of traits associated with race, including, but not limited to, hair texture and protective hairstyles. (c) “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locs, and twists. (Amended by Stats. 2024, Ch. 619, Sec. 2. (AB 1815) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 212.3. Source version: id_8e1f80ce-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. (Added by Stats. 2007, Ch. 569, Sec. 8. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 212.5. Source version: id_caf43569-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Sexual harassment” means unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions: (a) Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress. (b) Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual. (c) The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment. (d) Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution. (Amended by Stats. 1998, Ch. 914, Sec. 12. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 212.6. Source version: id_8e70fc30-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “Sexual orientation” means heterosexuality, homosexuality, or bisexuality. (Added by Stats. 2007, Ch. 569, Sec. 9. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 213. Source version: id_caf4356b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. (a) “State financial assistance” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law administered by any state agency, for the purpose of providing assistance to any educational institution for its own benefit or for the benefit of any pupils admitted to the educational institution. (b) State financial assistance shall include, but not be limited to, all of the following: (1) Grants of state property, or any interest therein. (2) Provision of the services of state personnel. (3) Funds provided by contract, tax rebate, appropriation, allocation, or formula. (Amended by Stats. 1998, Ch. 914, Sec. 14. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2. Definitions [210 - 214] SECTION 214. Source version: id_caf5bc0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2. “State student financial aid” means any funds or other form of financial aid appropriated or authorized pursuant to state law, or pursuant to federal law administered by any state agency, for the purpose of providing assistance directly to any student admitted to an educational institution. State student financial aid shall include, but not be limited to, scholarships, loans, grants, or wages. (Amended by Stats. 1998, Ch. 914, Sec. 15. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2.5. Pupil and Student Suicide Prevention Policies [215 - 216.5] SECTION 215. Source version: id_d8e2d090-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2.5. (a) (1) The governing board or body of a local educational agency that serves pupils in grades 7 to 12, inclusive, shall, before the beginning of the 2017–18 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders, school-employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (2) (A) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 6, inclusive, shall, before the beginning of the 2020–21 school year, adopt, at a regularly scheduled meeting, a policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive. The policy shall be developed in consultation with school and community stakeholders, the county mental health plan, school-employed mental health professionals, and suicide prevention experts and shall, at a minimum, address procedures relating to suicide prevention, intervention, and postvention. (B) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be age appropriate and shall be delivered and discussed in a manner that is sensitive to the needs of young pupils. (C) The policy for pupils in kindergarten and grades 1 to 6, inclusive, shall be written to ensure proper coordination and consultation with the county mental health plan if a referral is made for mental health or related services on behalf of a pupil who is a Medi-Cal beneficiary. (3) The policy shall specifically address the needs of high-risk groups, including, but not limited to, all of the following: (A) Youth bereaved by suicide. (B) Youth with disabilities, mental illness, or substance use disorders. (C) Youth experiencing homelessness or youth in out-of-home settings, such as foster care. (D) Lesbian, gay, bisexual, transgender, or questioning youth. (4) (A) The policy shall also address any training on suicide awareness and prevention to be provided to teachers of pupils in all of the grades served by the local educational agency. (B) Materials approved by a local educational agency for training shall include how to identify appropriate mental health services, both at the schoolsite and within the larger community, and when and how to refer youth and their families to those services. (C) Materials approved for training may also include programs that can be completed through self-review of suitable suicide prevention materials. (D) On or before January 1, 2025, a local educational agency shall revise its training materials to incorporate best practices identified by the department in the department’s model policy. (E) Commencing with the 2024–25 school year, local educational agencies are encouraged to provide suicide awareness and prevention training to teachers of pupils in all of the grades served by the local educational agency. (5) The policy shall be written to ensure that a school employee acts only within the authorization and scope of the employee’s credential or license. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat mental illness unless the employee is specifically licensed and employed to do so. (6) (A) To assist local educational agencies in developing policies for pupil suicide prevention, the department shall develop and maintain a model policy in accordance with this section to serve as a guide for local educational agencies. (B) On or before June 1, 2024, the department shall complete the development of, and issue to local educational agencies, resources and guidance on how to conduct suicide awareness and prevention training remotely. (C) On or before July 1, 2026, the department shall update the model policy, described in subparagraph (A), to address crisis intervention protocols in the event of a pupil suicide crisis, including all of the following: (i) The process by which staff and external agencies are deployed to address a pupil suicide crisis. This protocol shall prioritize the use of school mental health professionals when addressing a pupil suicide crisis. If a school mental health professional is not available, the protocol may identify a school employee who has completed training pursuant to Section 49428.15 to provide a warm handoff to a mental health professional. If a trained school employee is not available to address the pupil suicide crisis, the protocol shall identify one or more community-based organizations, mobile crisis units, 988 services, or other qualified mental health professionals to be contacted in the event of a pupil suicide crisis. (ii) Involvement and notification of law enforcement, including law enforcement described in Section 832.3 of the Penal Code and Section 38000, shall be limited to situations in which a pupil’s life is in imminent danger and their needs cannot be addressed by a mental health professional. (iii) The assessment process that law enforcement officers should follow to determine whether the pupil experiencing a suicide crisis is endangered by parental notification. The pupil shall be informed if their parent or guardian is notified. (b) (1) The governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 12, inclusive, shall review, at minimum every fifth year, its policy on pupil suicide prevention and, if necessary, update its policy. (2) Nothing in this section shall prevent the governing board or body of a local educational agency from reviewing or updating its policy on pupil suicide prevention more frequently than every fifth year. (3) On or before January 1, 2025, the governing board or body of a local educational agency that serves pupils in kindergarten and grades 1 to 12, inclusive, shall review and update its policy on pupil suicide prevention to incorporate best practices identified by the department in the department’s model policy. (4) On or after July 1, 2026, the governing board or body of a local educational agency shall update its pupil suicide prevention policy to include crisis intervention protocols that incorporates best practices identified in the department’s model policy during the next regularly scheduled review of the pupil suicide prevention policy. (5) When the governing board or body of a local educational agency reviews its policy on pupil suicide prevention, if the local educational agency does not have a school mental health professional or contract with a mental health professional, the governing board or body is encouraged to consider whether funding should be identified for purposes of hiring a school mental health professional. (c) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, state special school, or charter school. (2) “Mental health professional” means an individual licensed or registered, or an intern or associate working towards licensure, by the Board of Behavioral Sciences or the Board of Psychology in the Department of Consumer Affairs. (3) “Pupil suicide crisis” means any of the following: (A) A pupil who is exhibiting suicidal thoughts or behaviors. (B) A pupil who has completed a suicide risk assessment and is determined to be at risk of suicide. (C) A pupil who is attempting to physically harm themselves or others. (4) “School mental health professional” means a school employee with a clear or preliminary pupil personnel services credential with a specialization in school counseling, school social work, or school psychology, a credentialed school nurse, or a licensed, registered, or associate marriage and family therapist, professional clinical counselor, clinical social worker, educational psychologist, or psychologist under the supervision of a school employee with a pupil personnel services or administrative services credential. (Amended by Stats. 2024, Ch. 645, Sec. 1. (SB 1318) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2.5. Pupil and Student Suicide Prevention Policies [215 - 216.5] SECTION 215.5. Source version: id_27a839c6-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2.5. (a) (1) Commencing July 1, 2025, a public school, including a charter school, or a private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards shall have printed on either side of the pupil identification cards the number for the 988 Suicide and Crisis Lifeline. (2) Commencing October 1, 2020, a public school, including a charter school, or a private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards shall have printed on either side of the pupil identification cards the telephone number for the National Domestic Violence Hotline: 1-800-799-7233. (3) Commencing July 1, 2025, a public school, including a charter school, or a private school that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards may have printed on either side of the pupil identification card a quick response (QR) code that links to the mental health resources internet website of the county in which the public or private school is located. (4) Commencing July 1, 2026, a public school, including a charter school, that serves pupils in any of grades 7 to 12, inclusive, and that issues pupil identification cards shall have printed on either side of the pupil identification cards The Trevor Project’s LGBTQ+ suicide hotline that is available through both of the following options: (A) Telephone number: 1-866-488-7386. (B) Text line, which can be accessed by texting START to 678-678. (b) (1) Commencing July 1, 2019, a public or private institution of higher education that issues student identification cards shall have printed on either side of the student identification cards the telephone number described in subparagraph (A) and may have printed on either side of the student identification cards the text line described in subparagraph (B) and the telephone numbers described in subparagraphs (C) and (D): (A) The telephone number for the National Suicide Prevention Lifeline: 1-800-273-8255. (B) The Crisis Text Line, which can be accessed by texting HOME to 741741. (C) The campus police or security telephone number or, if the campus does not have a campus police or security telephone number, the local nonemergency telephone number. (D) A local suicide prevention hotline telephone number. (2) Commencing October 1, 2020, a public or private institution of higher education that issues student identification cards shall have printed on either side of the student identification cards the telephone number for either of the following: (A) The National Domestic Violence Hotline: 1-800-799-7233. (B) A local domestic violence hotline that provides confidential support services for students that have experienced domestic violence or stalking and is available by telephone 24 hours a day. (3) Commencing July 1, 2026, a public institution of higher education that issues student identification cards shall have printed on either side of the student identification cards The Trevor Project’s LGBTQ+ suicide hotline that is available through both of the following options: (A) Telephone number: 1-866-488-7386. (B) Text line, which can be accessed by texting START to 678-678. (c) (1) Notwithstanding subdivisions (a) and (b), if, as of January 1, 2020, a school subject to the requirements of subdivision (a), or a public or private institution of higher education subject to the requirements of subdivision (b), has a supply of unissued pupil or student identification cards that do not comply with the requirements of subdivision (a) or (b), as applicable, the school or the public or private institution of higher education shall issue those pupil or student identification cards until that supply is depleted. (2) Notwithstanding paragraph (1) of subdivision (a), if, as of July 1, 2025, a school subject to the requirement of paragraph (1) of subdivision (a) has a supply of unissued pupil identification cards that do not comply with the requirements of paragraph (1) of subdivision (a), the school shall issue those pupil identification cards until that supply is depleted. (d) Subdivisions (a) and (b) apply for a pupil or student identification card issued for the first time to a pupil or student, and to a pupil or student identification card issued to replace a damaged or lost pupil or student identification card. (e) This section shall become operative on July 1, 2025. (Amended (as added by Stats. 2024, Ch. 642, Sec. 2) by Stats. 2025, Ch. 483, Sec. 2. (AB 727) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2.5. Pupil and Student Suicide Prevention Policies [215 - 216.5] SECTION 216. Source version: id_46896d04-81f8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2.5. (a) The Behavioral Health Services Oversight and Accountability Commission shall, in consultation with the department and the State Department of Public Health, develop an evidence based online training program that is accessible, free of charge, and available statewide to train school staff serving pupils in kindergarten or in any of grades 1 to 12, inclusive, pupils who are 13 years of age or older, and parents, guardians, or caregivers of pupils in kindergarten or in any of grades 1 to 12, inclusive, as part of the local educational agency’s policy on pupil suicide prevention adopted pursuant to subdivision (a) of Section 215. (b) In developing an online training program pursuant to subdivision (a), the Behavioral Health Services Oversight and Accountability Commission shall ensure all of the following: (1) The training program is evidence based, trauma informed, and culturally and linguistically competent. (2) The training program is consistent with the model pupil suicide prevention policy developed by the department pursuant to paragraph (5) of subdivision (a) of Section 215. (3) The training program addresses the needs of high-risk groups as specified in paragraph (3) of subdivision (a) of Section 215. (4) The training program can track aggregate, statewide usage. (5) The training program can assess trainee knowledge before and after training is provided in order to measure training outcomes. (c) For purposes of this section, “local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in kindergarten or in any of grades 1 to 12, inclusive. (Amended by Stats. 2026, Ch. 92, Sec. 1. (AB 2003) Effective July 16, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2.5. Pupil and Student Suicide Prevention Policies [215 - 216.5] SECTION 216.5. Source version: id_3d32d4d2-81f8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2.5. (a) For purposes of this section, “local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in kindergarten or in any of grades 1 to 12, inclusive. (b) A local educational agency that conducts suicide risk screenings, including as provided under a school-linked behavioral health program or the local educational agency’s policy on pupil suicide prevention adopted pursuant to subdivision (a) of Section 215, shall report, on or before June 30, 2027, and June 30 annually thereafter, the number of pupils screened, and which screening instruments were used, for the reporting year, to the department. This section shall not be construed to require a local educational agency to conduct suicide risk screenings. (c) In collecting and reporting data pursuant to subdivision (b), the local educational agency shall ensure that data is reported in a deidentified, aggregate format that protects pupil privacy consistent with state and federal data privacy laws. (d) The department shall compile the data reported pursuant to this section through existing data reporting processes and post statewide aggregate data on its internet website to inform policy and program development. (Added by Stats. 2026, Ch. 92, Sec. 2. (AB 2003) Effective July 16, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2.6. Supports and Resources for Parents, Guardians, and Families of Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupils [217- 217.] SECTION 217. Source version: id_e2cb01be-b8d3-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2.6. (a) (1) The department shall develop resources, or, as appropriate, update existing resources, for supports and community resources for the support of parents, guardians, and families of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and strategies to increase support for LGBTQ pupils and thereby improve overall school and community climate. The resources shall be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive. (2) The department shall develop the supports and community resources for parents, guardians, and families of LGBTQ pupils in collaboration with parents, guardians, and families of, including, but not limited to, LGBTQ pupils. (b) The department shall periodically update the supports and community resources for the support of parents, guardians, and families of LGBTQ pupils to reflect changes in law. (c) (1) As used in this section, school-based supports and community resources for the support of parents, guardians, and families of LGBTQ pupils include, but are not limited to, all of the following: (A) Parents, guardians, and families of LGBTQ pupils support groups or affinity clubs and organizations. (B) Safe spaces for parents, guardians, and families of LGBTQ pupils. (C) Antibullying and harassment policies and related complaint procedures for parents, guardians, and families to access. (D) Counseling services. (E) School staff who have received antibias or other training aimed at supporting LGBTQ youth and their parents, guardians, and families. (F) Suicide prevention policies and related procedures for parents, guardians, and families to access. (2) As used in this section, community resources for the support of parents, guardians, and families of LGBTQ pupils include, but are not limited to, both of the following: (A) Local community-based organizations that provide support to parents, guardians, and families of LGBTQ youth. (B) Local physical and mental health providers with experience in treating and supporting parents, families, and guardians of LGBTQ youth. (Added by Stats. 2024, Ch. 95, Sec. 3. (AB 1955) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] SECTION 218. Source version: id_dc0afd9f-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2.7. (a) No later than July 1, 2021, the department shall develop resources or, as appropriate, update existing resources for in-service training on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils and strategies to increase support for LGBTQ pupils and thereby improve overall school climate. The resources shall be designed for use in schools operated by a school district or county office of education and charter schools serving pupils in grades 7 to 12, inclusive. (b) The department shall periodically update the schoolsite and community resources for the support of LGBTQ pupils to reflect changes in law. (c) (1) As used in this section, schoolsite resources for the support of LGBTQ pupils include, but are not limited to, all of the following: (A) Peer support or affinity clubs and organizations. (B) Safe spaces for LGBTQ pupils. (C) Antibullying and harassment policies and related complaint procedures. (D) Counseling services. (E) School staff who have received antibias or other training aimed at supporting LGBTQ youth. (F) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ youth. (G) Suicide prevention policies and related procedures. (H) Policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms. (I) Policies and procedures to protect the privacy of LGBTQ pupils. (2) As used in this section, community resources for the support of LGBTQ pupils include, but are not limited to, both of the following: (A) Local community-based organizations that provide support to LGBTQ youth. (B) Local physical and mental health providers with experience in treating and supporting LGBTQ youth. (Amended by Stats. 2023, Ch. 220, Sec. 2. (AB 5) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] SECTION 218.3. Source version: id_8f3f91ff-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2.7. (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school, serving pupils in any of grades 7 to 12, inclusive. (b) (1) On or before July 1, 2025, the department shall finalize the development of an online training delivery platform and online training curriculum to support lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) cultural competency training for teachers and other certificated employees. (2) The department may use resources developed pursuant to Section 148 of Chapter 44 of the Statutes of 2021 or Provisions 47 to 49, inclusive, of Item 6100-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) to meet the requirements of paragraph (1). (3) At a minimum, the training in paragraph (1) shall include information on all of the following topics: (A) The creation of safe and supportive learning environments for LGBTQ+ pupils, including those with multiple intersecting identities, including, but not limited to, those who are members of the LGBTQ+ community, members of communities of color, immigrants, or people living with the human immunodeficiency virus. (B) Identifying LGBTQ+ youth who are subject to, or may be at risk of, bullying and lack of acceptance at home or in their communities. (C) The provision of targeted support services to LGBTQ+ youth, including counseling services. (D) Requirements regarding school antibullying and harassment policies, and complaint procedures. (E) Requirements regarding suicide prevention policies and related procedures. (F) Requirements regarding policies relating to use of school facilities, including, but not limited to, bathrooms and locker rooms. (G) Requirements regarding policies and procedures to protect the privacy of LGBTQ+ pupils. (H) The importance of identifying local, community-based organizations that provide support to LGBTQ+ youth. (I) The importance of identifying local physical and mental health providers with experience in treating and supporting LGBTQ+ youth. (J) The formation of peer support or affinity clubs and organizations. (K) The importance of school staff who have received antibias or other training aimed at supporting LGBTQ+ youth. (L) Health and other curriculum materials that are inclusive of, and relevant to, LGBTQ+ youth. (c) Commencing with the 2025–26 school year, and continuing through the 2029–30 school year, a local educational agency shall provide and require at least one hour of training annually to all teachers and other certificated employees serving pupils in grades 7 to 12, inclusive, in a manner designed to cover the core elements of the curriculum developed pursuant to subdivision (b) over the five-year period. A teacher or certificated employee shall be exempt from the annual requirement if they completed the required training within the same year at another local educational agency in this state. All of the following shall apply to the training under this section: (1) A local educational agency may provide the training using the online training curriculum and platform pursuant to subdivision (b) or with in-service training using the resources developed by the department pursuant to Section 218 that meets the requirements of this section. (2) A local educational agency shall maintain records documenting both of the following: (A) The date that each employee satisfied the requirements of this section. (B) The name of the entity that provided the training. (3) Notwithstanding any other law, a local educational agency shall maintain the records required in paragraph (2) according to their local retention schedule after employees receive the training and make the records available to the department upon request, as part of the department’s annual compliance monitoring of state and federal programs. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (4) A local educational agency shall ensure that teachers and all other certificated employees complete the training required by this section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative. (5) Employees may complete training individually or as part of a group presentation and the training may be completed in shorter segments as long as the applicable hourly total requirement is met. (d) A local educational agency shall ensure that the in-service training it chooses to use as an alternative to the online training pursuant to paragraph (1) of subdivision (c) is substantially similar to and meets the same standards of the online training described in this section. (e) Nothing in this section shall prohibit a local educational agency from providing longer, more frequent, relevant in-service training to meet the online training standards, provided that it is mutually agreed to with the employee’s exclusive representative. (f) (1) The department shall monitor compliance with the training requirement pursuant to subdivision (c) through its existing annual compliance monitoring of state and federal programs. (2) Notwithstanding Section 10231.5 of the Government Code, the department shall provide a report to the relevant policy and fiscal committees of the Legislature within nine months after the conclusion of the 2029–30 school year, summarizing the data collected through compliance monitoring over the five-year period, including the local educational agencies selected for monitoring and relevant compliance findings, if any, pursuant to this section. The department shall publicly post the report on its internet website. (3) The report required by paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code. (g) This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed. (Added by Stats. 2023, Ch. 220, Sec. 3. (AB 5) Effective January 1, 2024. Inoperative July 1, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 2.7. Lesbian, Gay, Bisexual, Transgender, Queer, and Questioning Pupil Resources [218 - 219] SECTION 219. Source version: id_93944521-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=2.7. (a) On or before July 1, 2024, the Superintendent shall convene an advisory task force to identify the needs of lesbian, gay, bisexual, transgender, queer, questioning, and plus (LGBTQ+) pupils and to make recommendations to assist in implementing supportive policies and initiatives to address LGBTQ+ pupil education and well-being, including, but not limited to, all of the following: (1) Pupil mental health and feelings of safety and support. (2) Inclusive and safe access to school facilities. (3) Inclusive instructional material and school curriculum. (4) Prevention of, response to, and oversight of, bullying and harassment to determine the effectiveness of policies and programs. (5) Inclusive participation in campus activities. (b) The advisory task force members shall include, at a minimum, 15 members representative of all of the following groups: (1) Eight pupils identifying as members of the LGBTQ+ community who are enrolled in a California high school. (2) One public school administrator currently employed by a local educational agency. (3) Two certificated public school teachers currently employed by a local educational agency. (4) Two mental health professionals, with a preference for those who practice LGBTQ+ affirming care. (5) One community LGBTQ+ advocate, with a preference for one with programmatic expertise. (6) One representative from the Office of Health Equity established by the State Department of Public Health. (c) (1) To the extent practicable, the members of the advisory task force shall represent the geographical, racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California’s LGBTQ+ community. (2) Members of the advisory task force shall be selected by the Superintendent or their designee. (d) (1) On or before January 1, 2026, the advisory task force shall report their findings and recommendations to the Legislature, the Superintendent, and the Governor. At the request of any member of the advisory task force, the report may include minority findings and recommendations. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2023, Ch. 228, Sec. 1. (SB 857) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 3. Prohibition of Discrimination [220 - 221.1] SECTION 220. Source version: id_e4596f50-e412-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=3. No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid. (Amended by Stats. 2017, Ch. 493, Sec. 3. (AB 699) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 3. Prohibition of Discrimination [220 - 221.1] SECTION 220.1. Source version: id_30931e0a-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=3. An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, shall not in any manner retaliate or take adverse action against any employee, including by placing the employee on administrative leave, on the basis that the employee (a) supported a pupil in the exercise of rights set forth in Article 1 (commencing with Section 200) of, Article 2.7 (commencing with Section 218) of, Article 3 (commencing with Section 220) of, or Article 4 (commencing with Section 221.5) of, this chapter, (b) performed the employee’s work activities in a manner consistent with the recommendations or employer obligations set forth in this chapter, or (c) provided instruction to pupils consistent with the current content standards, curriculum frameworks, and instructional materials adopted by the state board, and any other requirements of this code, including, but not limited to, Section 51204.5 and the California Healthy Youth Act (Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2). (Added by Stats. 2024, Ch. 95, Sec. 4. (AB 1955) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 3. Prohibition of Discrimination [220 - 221.1] SECTION 220.3. Source version: id_37bc75fc-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=3. (a) An employee or a contractor of a school district, county office of education, charter school, or state special school for the blind or the deaf shall not be required to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent unless otherwise required by state or federal law. (b) Subdivision (a) does not constitute a change in, but is declaratory of, existing law. (Added by Stats. 2024, Ch. 95, Sec. 5. (AB 1955) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 3. Prohibition of Discrimination [220 - 221.1] SECTION 220.5. Source version: id_3e4484de-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=3. (a) A school district, county office of education, charter school, state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, shall not enact or enforce any policy, rule, or administrative regulation that would require an employee or a contractor to disclose any information related to a pupil’s sexual orientation, gender identity, or gender expression to any other person without the pupil’s consent, unless otherwise required by state or federal law. (b) Subdivision (a) does not constitute a change in, but is declaratory of, existing law. (c) Any policy, regulation, guidance, directive, or other action of a school district, county office of education, charter school, or state special school for the blind or the deaf, or a member of the governing board of a school district or county office of education or a member of the governing body of a charter school, that is inconsistent with subdivision (a) is invalid and shall not have any force or effect. (Added by Stats. 2024, Ch. 95, Sec. 6. (AB 1955) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 3. Prohibition of Discrimination [220 - 221.1] SECTION 221. Source version: id_8f15eec4-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=3. This article shall not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization. (Added by renumbering Section 220.5 by Stats. 2007, Ch. 569, Sec. 12. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 3. Prohibition of Discrimination [220 - 221.1] SECTION 221.1. Source version: id_caf742b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=3. The State Board of Education shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, commonly referred to as the rulemaking provisions of the Administrative Procedure Act, to implement this chapter. (Added by renumbering Section 232 by Stats. 1998, Ch. 914, Sec. 25. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 3.5. The California Racial Mascots Act [221.2 - 221.3] SECTION 221.2. Source version: id_be51dea9-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=3.5. The Legislature finds and declares all of the following: (a) The use of racially derogatory or discriminatory school or athletic team names, mascots, or nicknames in California public schools is antithetical to the California school mission of providing an equal education to all. (b) Certain athletic team names, mascots, and nicknames that have been used and remain in use by other teams, including school teams, in other parts of the nation are discriminatory in singling out the Native American community for the derision to which mascots or nicknames are often subjected. (c) Many individuals and organizations interested and experienced in human relations, including the United States Commission on Civil Rights, have concluded that the use of Native American images and names in school sports is a barrier to equality and understanding, and that all residents of the United States would benefit from the discontinuance of their use. (d) No individual or school has a cognizable interest in retaining a racially derogatory or discriminatory school or athletic team name, mascot, or nickname. (Added by Stats. 2015, Ch. 767, Sec. 1. (AB 30) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 3.5. The California Racial Mascots Act [221.2 - 221.3] SECTION 221.3. Source version: id_e2d75674-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=3.5. (a) For purposes of this section, “derogatory Native American term” includes, but is not necessarily limited to, Apaches, Big Reds, Braves, Chiefs, Chieftains, Chippewa, Comanches, Indians, Savages, Squaw, and Tribe. (b) (1) All public schools, except for a school operated by an Indian tribe or a tribal organization, are prohibited from using the term Redskins for school or athletic team names, mascots, or nicknames. (2) Commencing July 1, 2026, all public schools, except for a school operated by an Indian tribe or a tribal organization, are prohibited from using any derogatory Native American term for school or athletic team names, mascots, or nicknames. (c) Notwithstanding this section, a public school may continue to use uniforms or other materials bearing a derogatory Native American term as a school or athletic team name, mascot, or nickname that were purchased before July 1, 2026, if all of the following requirements are met: (1) The school selects a new school or athletic team name, mascot, or nickname. (2) (A) Except as provided in subparagraph (B), the school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any uniform that includes or bears the derogatory Native American term. (B) Notwithstanding subparagraph (A), before January 1, 2028, a school using uniforms that bear the derogatory Native American term may purchase or acquire a number of uniforms equal to up to 20 percent of the total number of uniforms used by a team or band at that school during the 2025–26 school year for the purposes of replacing damaged or lost uniforms. (3) The school refrains from purchasing or acquiring, for the purpose of distribution or sale to pupils or school employees, any yearbook, newspaper, program, or other similar material that includes or bears the prohibited school or athletic team name, mascot, nickname, or related title in its logo or cover title. (4) The school refrains from purchasing or constructing a marquee, sign, gymnasium floor, or other new or replacement fixture that includes or bears the prohibited school or athletic team name, mascot, or nickname. This paragraph applies to facilities that bear the prohibited school or athletic team name, mascot, or nickname, in which case the school shall remove the prohibited name, mascot, or nickname no later than the next time the associated part of the facility is replaced in the normal course of maintenance. (d) (1) It is the intent of the Legislature that implementation of a new school or athletic team name, mascot, or nickname results in a requirement to purchase or replace materials or fixtures when they would have needed to be purchased or replaced without the enactment of this article. (2) Notwithstanding paragraph (1), it is the intent of the Legislature that the purchase or replacement of materials or fixtures due to implementation of a new school or athletic team name, mascot, or nickname pursuant to this section occur before the 2028–29 school year. (e) This section shall not apply to a public school that receives written consent from a local federally recognized tribe to use a derogatory Native American term for the school or an athletic team name, mascot, or nickname. (f) This section is not subject to waiver by the state board pursuant to Section 33050, except as specified in this section. (g) This section shall not apply to campuses of the California Community Colleges, the California State University, or the University of California. (Amended by Stats. 2024, Ch. 665, Sec. 1. (AB 3074) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 221.5. Source version: id_16b8b32a-898b-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) It is the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted, without regard to the sex of the pupil enrolled in these classes and courses. (b) A school district shall not prohibit a pupil from enrolling in any class or course on the basis of the sex of the pupil, except a class subject to Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2. (c) A school district shall not require a pupil of one sex to enroll in a particular class or course, unless the same class or course is also required of a pupil of the opposite sex. (d) A school counselor, teacher, instructor, administrator, or aide shall not, on the basis of the sex of a pupil, offer vocational or school program guidance to a pupil of one sex that is different from that offered to a pupil of the opposite sex or, in counseling a pupil, differentiate career, vocational, or higher education opportunities on the basis of the sex of the pupil counseled. Any school personnel acting in a career counseling or course selection capacity to a pupil shall affirmatively explore with the pupil the possibility of careers, or courses leading to careers, that are nontraditional for that pupil’s sex. The parents or legal guardian of the pupil shall be notified in a general manner at least once in the manner prescribed by Section 48980, in advance of career counseling and course selection commencing with course selection for grade 7 so that they may participate in the counseling sessions and decisions. (e) Participation in a particular physical education activity or sport, if required of pupils of one sex, shall be available to pupils of each sex. (f) A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records. (Amended by Stats. 2014, Ch. 71, Sec. 25. (SB 1304) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 221.51. Source version: id_9b452c87-fcb2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) A local educational agency shall not apply any rule concerning a pupil’s actual or potential parental, family, or marital status that treats pupils differently on the basis of sex. (b) A local educational agency shall not exclude nor deny any pupil from any educational program or activity, including class or extracurricular activity, solely on the basis of the pupil’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom. (c) A local educational agency may require any pupil to obtain the certification of a physician or nurse practitioner that the pupil is physically and emotionally able to continue participation in the regular education program or activity. (d) Pregnant or parenting pupils shall not be required to participate in pregnant minor programs or alternative education programs. Pregnant or parenting pupils who voluntarily participate in alternative education programs shall be given educational programs, activities, and courses equal to those they would have been in if participating in the regular education program. (e) A local educational agency shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom in the same manner and under the same policies as any other temporary disabling condition. (f) For purposes of this section, “local educational agency” means a school district, a county office of education, a school operated by a school district or a county office of education, a charter school, the California Schools for the Deaf, or the California School for the Blind. (Added by Stats. 2018, Ch. 942, Sec. 2. (AB 2289) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 221.6. Source version: id_244ab178-ca2e-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. On or before July 1, 2006, the department shall post on its Internet Web site, in both English and Spanish and at a reading level that may be comprehended by pupils in high school, the information set forth in the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.). (Amended by Stats. 2016, Ch. 86, Sec. 52. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 221.61. Source version: id_5d54032a-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) On or before July 1, 2017, public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools shall post in a prominent and conspicuous location on their Internet Web sites all of the following: (1) The name and contact information of the Title IX coordinator for that public school, private school, school district, county office of education, or charter school, which shall include the Title IX coordinator’s phone number and email address. (2) The rights of a pupil and the public and the responsibilities of the public school, private school, school district, county office of education, or charter school under Title IX, which shall include, but shall not be limited to, Internet Web links to information about those rights and responsibilities located on the Internet Web sites of the department’s Office for Equal Opportunity and the United States Department of Education Office of Civil Rights, and the list of rights specified in Section 221.8. (3) A description of how to file a complaint under Title IX, which shall include all of the following: (A) An explanation of the statute of limitations within which a complaint must be filed after an alleged incident of discrimination has occurred, and how a complaint may be filed beyond the statute of limitations. (B) An explanation of how the complaint will be investigated and how the complainant may further pursue the complaint, including, but not limited to, Internet Web links to this information on the United States Department of Education Office for Civil Rights’ Internet Web site. (C) An Internet Web link to the United States Department of Education Office for Civil Rights complaints form, and the contact information for the office, which shall include the phone number and email address for the office. (b) On or before April 1, 2017, and annually thereafter, the Superintendent shall send a letter through electronic means to all public schools, private schools that receive federal funds and are subject to the requirements of Title IX, school districts, county offices of education, and charter schools informing them of the requirement specified in subdivision (a) and of their responsibilities under Title IX. (c) A public school that does not maintain an Internet Web site may comply with subdivision (a) by posting the information specified in paragraphs (1) to (3), inclusive, of subdivision (a) on the Internet Web site of its school district or county office of education. (d) Nothing in this section shall be construed to require a school or local educational agency to establish an Internet Web site if the school or local educational agency does not already maintain one. (Added by Stats. 2016, Ch. 655, Sec. 2. (SB 1375) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 221.7. Source version: id_caf8c95b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) The Legislature finds and declares that female pupils are not accorded opportunities for participation in school-sponsored athletic programs equal to those accorded male pupils. It is the intent of the Legislature that opportunities for participation in athletics be provided equally to male and female pupils. (b) Notwithstanding any other provisions of law, no public funds shall be used in connection with any athletic program conducted under the auspices of a school district governing board or any student organization within the district, which does not provide equal opportunity to both sexes for participation and for use of facilities. Facilities and participation include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services. (c) Nothing in this section shall be construed to require a school district to require competition between male and female pupils in school-sponsored athletic programs. (Added by renumbering Section 41 by Stats. 1998, Ch. 914, Sec. 3. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 221.8. Source version: id_21f0feed-a432-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. The following list of rights, which are based on the relevant provisions of the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.), may be used by the department for purposes of Section 221.6: (a) You have the right to fair and equitable treatment and you shall not be discriminated against based on your sex. (b) You have the right to be provided with an equitable opportunity to participate in all academic extracurricular activities, including athletics. (c) You have the right to inquire of the athletic director of your school as to the athletic opportunities offered by the school. (d) You have the right to apply for athletic scholarships. (e) You have the right to receive equitable treatment and benefits in the provision of all of the following: (1) Equipment and supplies. (2) Scheduling of games and practices. (3) Transportation and daily allowances. (4) Access to tutoring. (5) Coaching. (6) Locker rooms. (7) Practice and competitive facilities. (8) Medical and training facilities and services. (9) Publicity. (f) You have the right to have access to a gender equity coordinator to answer questions regarding gender equity laws. (g) You have the right to contact the State Department of Education and the California Interscholastic Federation to access information on gender equity laws. (h) You have the right to file a confidential discrimination complaint with the United States Office of Civil Rights or the State Department of Education if you believe you have been discriminated against or if you believe you have received unequal treatment on the basis of your sex. (i) You have the right to pursue civil remedies if you have been discriminated against. (j) You have the right to be protected against retaliation if you file a discrimination complaint. (Added by renumbering Section 271 by Stats. 2015, Ch. 43, Sec. 3. (AB 1538) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 221.9. Source version: id_364d66ce-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) Commencing with the 2015–16 school year and every year thereafter, each public elementary and secondary school in the state, including each charter school, that offers competitive athletics shall publicly make available at the end of the school year all of the following information: (1) The total enrollment of the school, classified by gender. (2) The number of pupils enrolled at the school who participate in competitive athletics, classified by gender. (3) The number of boys’ and girls’ teams, classified by sport and by competition level. (b) The data required pursuant to subdivision (a) shall reflect the total number of players on a team roster on the official first day of competition. (c) The school shall make the information specified in subdivision (a) publicly available as follows: (1) If the school maintains an Internet Web site, by posting the information on the school’s Internet Web site. (2) If the school does not maintain an Internet Web site, by submitting the information to its school district or, for a charter school, to its charter operator. The school district or charter operator shall post the information on its Internet Web site, and the information shall be disaggregated by schoolsite. (d) The materials used by a school to compile the information specified in subdivision (a) shall be retained by the school for at least three years after the information is posted on the Internet pursuant to subdivision (c). (e) As used in this section, “competitive athletics” means sports where the activity has coaches, a governing organization, and practices, and competes during a defined season, and has competition as its primary goal. (Added by Stats. 2014, Ch. 258, Sec. 2. (SB 1349) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 222. Source version: id_e6ab27c7-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) A school operated by a school district or a county office of education, the California School for the Deaf, the California School for the Blind, and a charter school shall provide reasonable accommodations to a lactating pupil on a school campus to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Reasonable accommodations under this section include, but are not limited to, all of the following: (1) Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. (2) Permission to bring onto a school campus a breast pump and any other equipment used to express breast milk. (3) Access to a power source for a breast pump or any other equipment used to express breast milk. (4) Access to a place to store expressed breast milk safely. (b) A lactating pupil on a school campus shall be provided a reasonable amount of time to accommodate her need to express breast milk or breast-feed an infant child. (c) A school specified in subdivision (a) shall provide the reasonable accommodations specified in subdivisions (a) and (b) only if there is at least one lactating pupil on the school campus. (d) A school subject to this section may use an existing facility to meet the requirements specified in subdivision (a). (e) A pupil shall not incur an academic penalty as a result of her use, during the schoolday, of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use. (f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A local educational agency shall respond to a complaint filed pursuant to paragraph (1) in accordance with Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (3) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (4) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (Added by Stats. 2015, Ch. 690, Sec. 2. (AB 302) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 222.5. Source version: id_d7d52bf9-fcb2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) A local educational agency shall notify pregnant and parenting pupils of their rights and options available under the law through annual school year welcome packets and through independent study packets. (b) A local educational agency shall annually notify parents and guardians of pupils at the beginning of the regular school term of the rights and options available to pregnant and parenting pupils under the law. (c) For purposes of this section, “local educational agency” means a school district, a county office of education, a school operated by a school district or a county office of education, a charter school, the California Schools for the Deaf, or the California School for the Blind. (Added by Stats. 2018, Ch. 942, Sec. 3. (AB 2289) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 223. Source version: id_caf8c95d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. This chapter shall not apply to the membership practices of the Young Men’s Christian Association, Young Women’s Christian Association, girl scouts, boy scouts, Camp Fire, or voluntary youth service organizations which are exempt from taxation under subdivision (a) of Section 501 of the federal Internal Revenue Code of 1954, whose membership has traditionally been limited to persons of one sex, and principally to persons of less than 19 years of age. (Amended by Stats. 1998, Ch. 914, Sec. 20. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 224. Source version: id_19a1a1f1-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) The sex discrimination provisions of this chapter shall not be construed to prevent the American Legion or the American Legion Auxiliary from operating programs and activities undertaken in connection with the organization or operation of any Boys State conference or Girls State conference in a gender-segregated manner provided that these conferences comply with all of the following every year that the conferences take place: (1) The conferences provide substantially similar access to government officials and facilities. (2) The conferences provide substantially similar programming except where the programming relates to the role of gender in public service specifically. (3) There are an equal number of opportunities for girls to participate in the conferences as there are for boys. (4) Any limitations on the number of pupils that can be nominated to attend the conferences from a single high school apply equally to boys and girls, unless the high school is a single-gender high school. (5) Pupils who do not identify as either male or female, or who do not identify with their assigned gender at birth, are allowed to participate in either conference. (6) The conferences comply with all other nondiscrimination provisions of state and federal law. (b) Provided that the Boys State conference and the Girls State conference meet all of the requirements of paragraphs (1) to (6), inclusive, of subdivision (a), the sex discrimination provisions of this chapter shall not be construed to prevent any secondary educational institution from engaging in programs or activities specifically for either of the following purposes: (1) The promotion of any Boys State or Girls State conference. (2) The selection of pupils to attend either of those conferences. (c) This section shall become operative on January 1, 2023. (Repealed (in Sec. 1) and added by Stats. 2021, Ch. 676, Sec. 2. (SB 363) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 224.5. Source version: id_caf8c961-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) There is hereby established the gender equity train-the-trainer grant program. The Superintendent of Public Instruction shall award grants from funds available for that purpose to the governing boards of school districts and county offices of education for the implementation of programs to train trainers in gender equity. (b) The Superintendent of Public Instruction shall, with the approval of the State Board of Education, develop criteria for the grant applications . The Superintendent of Public Instruction shall select as grant recipients applicants that have clearly demonstrated all of the following: (1) Grant moneys will result in the grantee providing ongoing gender training to all staff members, including certificated and classified staff, and maintaining a pool of knowledgeable gender equity trainers. (2) The applicant has considered other available federal and state funding resources for gender equity training and coordinated those resources, as appropriate with a grant under this section. (c) A grant application shall include an evaluation plan for determining the extent to which the expected benefits of the trainer program are being realized. The results of the evaluation shall be reported to the governing board of the school district or county board of education, as appropriate. (d) The Superintendent of Public Instruction shall implement this section only in fiscal years in which sufficient funds have been appropriated for this purpose. To the extent funds are available in multiple years, the Superintendent of Public Instruction shall award grants in a manner that ensures that training is available in all parts of the state. (e) No more than a total of one hundred thirty thousand dollars ($130,000) of state funds may be expended in any fiscal year for purposes of this section. (Added by Stats. 2000, Ch. 459, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 225. Source version: id_cafa5003-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. This article shall not preclude father-son or mother-daughter activities at an educational institution, provided that if such activities are offered for students of one sex, opportunities for reasonably comparable activities are offered for students of the other sex. (Added by Stats. 1982, Ch. 1117, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 229. Source version: id_cafa5005-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. Nothing contained in this article shall be construed to require any educational institution to grant preferential or disparate treatment to the members of one sex on account of an imbalance which may exist with respect to the total number or percentage of persons of that sex participating in, or receiving the benefits of, any state supported program or activity, in comparison with the total number or percentage of persons of that sex in any community, district, or other area. However, this section shall not be construed to prevent the consideration in any hearing or proceeding under this article of statistical evidence which tends to show that such an imbalance exists with respect to the participation in, or receipt of the benefits of, any state-supported program or activity by the members of one sex. (Added by Stats. 1982, Ch. 1117, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 230. Source version: id_cafa5007-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. For purposes of this chapter, harassment and other discrimination on the basis of sex include, but are not limited to, the following practices: (a) On the basis of sex, exclusion of a person or persons from participation in, denial of the benefits of, or subjection to harassment or other discrimination in, any academic, extracurricular, research, occupational training, or other program or activity. (b) On the basis of sex, provision of different amounts or types of student financial aid, limitation of eligibility for student financial aid, or the application of different criteria to applicants for student financial aid or for participation in the provision of student financial aid by others. Nothing in this subdivision shall be construed to prohibit an educational institution from administering, or assisting in the administration of, scholarships, fellowships, or other forms of student financial aid, established pursuant to domestic or foreign wills, bequests, trusts, or similar legal instruments or by acts of a foreign government, which require that awards be made to members of a particular sex; provided, that the overall effect of the award of these sex-restricted scholarships, fellowships, and other forms of student financial aid does not discriminate on the basis of sex. (c) On the basis of sex, exclusion from participation in, or denial of equivalent opportunity in, athletic programs. For purposes of this subdivision, “equivalent” means equal or equal in effect. (d) An educational institution may be found to have effectively accommodated the interests and abilities in athletics of both sexes within the meaning of Section 4922 of Title 5 of the California Code of Regulations as that section exists on January 1, 2003, using any one of the following tests: (1) Whether interscholastic level participation opportunities for male and female pupils are provided in numbers substantially proportionate to their respective enrollments. (2) Where the members of one sex have been and are underrepresented among interscholastic athletes, whether the school district can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex. (3) Where the members of one sex are underrepresented among interscholastic athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the school district can demonstrate that the interest and abilities of the members of that sex have been fully and effectively accommodated by the present program. (e) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws. (f) It is the intent of the Legislature that the three-part test articulated in subdivision (d) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003. (g) On the basis of sex, harassment or other discrimination among persons, including, but not limited to, students and nonstudents, or academic and nonacademic personnel, in employment and the conditions thereof, except as it relates to a bona fide occupational qualification. (h) On the basis of sex, the application of any rule concerning the actual or potential parental, family, or marital status of a person, or the exclusion of any person from any program or activity or employment because of pregnancy or related conditions. (Amended by Stats. 2003, Ch. 660, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 231. Source version: id_cafbd6a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. Nothing herein shall be construed to prohibit any educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes, so long as comparable facilities are provided. (Added by Stats. 1982, Ch. 1117, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 231.5. Source version: id_ee4ed8c7-0c90-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) It is the policy of the State of California, pursuant to Section 200, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies. (b) Each educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document. (c) The educational institution’s written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies. (d) A copy of the educational institution’s written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. “Prominent location” means that location, or those locations, in the main administrative building or other area where notices regarding the institution’s rules, regulations, procedures, and standards of conduct are posted. (e) A copy of the educational institution’s written policy on sexual harassment, as it pertains to pupils, shall be provided as part of any orientation program conducted for new and continuing pupils at the beginning of each quarter, semester, or summer session, as applicable. (f) A copy of the educational institution’s written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired. (g) A copy of the educational institution’s written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution. (Amended by Stats. 2019, Ch. 428, Sec. 1. (AB 543) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 231.6. Source version: id_c263212c-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. (a) Each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 9 through 12, inclusive, shall create a poster that notifies pupils of the applicable written policy on sexual harassment described in Section 231.5. (b) The schoolsite may partner with local, state, or federal agencies, or nonprofit organizations, for purposes of the design and content of the poster. (c) The language in the poster shall be age appropriate and culturally relevant, and the schoolsite may partner with local, state, or federal agencies, or nonprofit organizations, for these purposes. (d) The poster shall be displayed in English and any primary language spoken by 15 percent or more of the pupils enrolled at the schoolsite as determined pursuant to Section 48985. (e) The poster shall be no smaller than 8.5 by 11 inches and use at least 12-point type. (f) The poster shall display, at a minimum, all of the following: (1) The rules and procedures for reporting a charge of sexual harassment. (2) The name, phone number, and email address of an appropriate schoolsite official to contact to report a charge of sexual harassment. (3) The rights of the reporting pupil, the complainant, and the respondent, and the responsibilities of the schoolsite in accordance with the applicable written policy on sexual harassment. (g) (1) The poster shall be prominently and conspicuously displayed in each bathroom and locker room at the schoolsite. (2) (A) The poster may be prominently and conspicuously displayed in public areas at the schoolsite that are accessible to, and commonly frequented by, pupils, including, but not limited to, classrooms, classroom hallways, gymnasiums, auditoriums, and cafeterias. (B) The governing board of a school district, governing body of a charter school, and county board of education shall have full discretion to select the appropriate public areas to display the poster at the schoolsite. (Amended by Stats. 2020, Ch. 370, Sec. 44. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4. Sex Equity in Education Act [221.5 - 231.7] SECTION 231.7. Source version: id_977094f3-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4. The department shall make all of the following available on the department’s internet website: (a) Resources on abuse, including sexual, emotional, and physical abuse, and teen dating violence prevention for professional learning purposes. (b) Information about local and national hotlines and services for youth experiencing teen dating violence. (c) Other relevant materials for parents, guardians, and other caretakers of pupils. (Added by Stats. 2023, Ch. 65, Sec. 1. (AB 1071) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4.5. Single Gender Schools and Classes [232 - 232.6] SECTION 232. Source version: id_33312c41-b352-11e7-b4e7-fdf8821c638f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4.5. The Legislature finds and declares that there are existing single gender schools and classes in California that may assist the state in evaluating whether or not single gender education aligned with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) is beneficial to pupils. (Added by Stats. 2017, Ch. 654, Sec. 1. (AB 23) Effective October 11, 2017. Inoperative July 1, 2031. Repealed as of January 1, 2032, pursuant to Section 232.6.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4.5. Single Gender Schools and Classes [232 - 232.6] SECTION 232.2. Source version: id_e7f59c26-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4.5. (a) (1) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a school district with an average daily attendance of 250,000 or more pupils may maintain any single gender schools and classes that were enrolling pupils as of July 1, 2017, provided that the governing board of the school district has adopted a policy that addresses how the school district will ensure compliance with Title IX regulations (34 C.F.R. Part 106). (2) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a charter school authorized by a school district with an average daily attendance of 250,000 or more pupils may be maintained as a single gender school or may maintain single gender classes, only if, as of July 1, 2017, the school operated as a single gender school or operated single gender classes, provided that the governing body of the charter school has adopted a policy that addresses how the charter school will ensure compliance with Title IX regulations (34 C.F.R. Part 106). (3) (A) A school continuing to operate as a single gender school pursuant to this section shall not have a total pupil enrollment exceeding 700 pupils. (B) A coeducational school maintaining existing single gender classes pursuant to this section shall not have a total pupil enrollment exceeding 1,000 pupils. This subparagraph shall not apply for single gender classes authorized pursuant to subdivision (b) of Section 221.5 or of the kinds described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 106.34 of Title 34 of the Code of Federal Regulations. (4) Any corrective action ordered by the department before July 1, 2017, and applicable to a school maintained under this section shall remain in effect. (5) A school continuing to operate a single gender class or as a single gender school pursuant to this section shall enroll pupils in the class or school, as applicable, based on the pupil’s gender identity. (b) A policy adopted pursuant to subdivision (a) shall include, but not necessarily be limited to, all of the following requirements: (1) The single gender aspect of the school or classes will serve an important school district or charter school objective to do either of the following: (A) Improve the educational achievement of its pupils through the school district’s or charter school’s overall established policy to provide diverse educational opportunities, provided that the single gender nature of the school or classes is substantially related to achieving that objective. (B) Meet the particular, identified educational needs of its pupils, provided that the single gender nature of the school or classes is substantially related to achieving that objective. (2) The school district or charter school will implement its objective in an evenhanded manner. (3) Pupil enrollment in a single gender school or classes will be voluntary. (4) (A) Except as provided in subparagraph (B), the school district or charter school will provide to all pupils a substantially equal coeducational class, extracurricular activity, or program in the same subject. (B) Subparagraph (A) shall not apply to a nonvocational charter school that is a single school that is not part of a network or chain of charter schools or a charter school management organization that has more than one school. (Amended by Stats. 2024, Ch. 373, Sec. 1. (AB 2046) Effective January 1, 2025. Inoperative July 1, 2031. Repealed as of January 1, 2032, pursuant to Section 232.6.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4.5. Single Gender Schools and Classes [232 - 232.6] SECTION 232.4. Source version: id_ecaa4a98-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4.5. (a) A school district that maintains an existing single gender school or classes or a charter school that is an existing single gender school or that continues existing single gender classes, pursuant to Section 232.2, shall conduct the following evaluations at least once every two years: (1) An evaluation of whether the single gender aspect of the school or classes is based upon genuine justifications and does not rely on overly broad generalizations about the different talents, capacities, or preferences of different genders and that the single gender nature of the school or classes is substantially related to the achievement of the important objective for the school or classes. (2) An evaluation that examines whether the single gender school or class has been effective as compared to coeducational schools. (3) An evaluation of the impact of the single gender school or class on pupils who identify as lesbian, gay, bisexual, transgender, questioning, or gender nonconforming. (b) The metrics that the school district or charter school will use to evaluate the single gender school or class shall be included in the policy adopted pursuant to subdivision (a) of Section 232.2, and the evidence in the evaluation shall include, but need not be limited to, the evidence described in the United States Department of Education’s Office for Civil Rights “Questions and Answers on Title IX and Single-Sex Elementary and Secondary Classes and Extracurricular Activities” of December 1, 2014. (c) The school district or charter school shall submit the findings of the evaluations required pursuant to subdivision (a) to the Senate Committee on Education, the Assembly Committee on Education, the Assembly Committee on Judiciary, the Senate Committee on Judiciary, and the department. The school district or charter school shall also make the evaluation findings available to the public on its internet website. In the event that the department finds that one or more of the single gender schools or single gender classes fail to comply with the requirements of Title IX regulations (34 C.F.R. Part 106), or the requirements of this section, the department shall order corrective action up to and including requiring that the school or classes become coeducational. (d) Except as otherwise provided in this article and subdivision (b) of Section 221.5, no public elementary or secondary school, including a charter school, shall operate as a single gender school or with single gender classes. This subdivision does not prohibit the operation of single gender classes of the kinds described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 106.34 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2024, Ch. 373, Sec. 2. (AB 2046) Effective January 1, 2025. Inoperative July 1, 2031. Repealed as of January 1, 2032, pursuant to Section 232.6.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4.5. Single Gender Schools and Classes [232 - 232.6] SECTION 232.6. Source version: id_f1566d8a-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4.5. This article shall become inoperative on July 1, 2031, and as of January 1, 2032, is repealed. (Amended by Stats. 2024, Ch. 373, Sec. 3. (AB 2046) Effective January 1, 2025. Inoperative July 1, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions. Note: Repeal affects Article 4.5, commencing with Section 232.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 4.7. Body Shaming [232.7- 232.7.] SECTION 232.7. Source version: id_2d4a2e68-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=4.7. (a) (1) (A) On or before June 30, 2025, the State Department of Education, in consultation with the California Health and Human Services Agency, the Behavioral Health Services Oversight and Accountability Commission, and other relevant stakeholders, shall develop and post on its internet website a model policy and resources about body shaming that is appropriate for schools that serve pupils in kindergarten or any of grades 1 to 12, inclusive, and that local educational agencies may use to educate staff and pupils about the issue of body shaming. (B) The State Department of Education, in consultation with the California Health and Human Services Agency, the Behavioral Health Services Oversight and Accountability Commission, and other relevant stakeholders, may use existing resources or frameworks, or both, about body shaming or body image, or both, to meet the requirements of subparagraph (A). (2) Local educational agencies are encouraged to inform teachers, staff, parents, and pupils about the resources developed pursuant to subdivision (a), including, but not limited to, by providing information in pupil and employee handbooks and making the information available on each schoolsite’s internet website. (b) For purposes of this article, the following definitions apply: (1) “Body shaming” means the action or practice of mocking or stigmatizing a person by making critical comments or observations about the shape, size, or appearance of the person’s body. (2) “Local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2025, Ch. 243, Sec. 1. (SB 862) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5. Hate Violence Prevention Act [233 - 233.8] SECTION 233. Source version: id_cafee3ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5. (a) At the request of the Superintendent of Public Instruction, the State Board of Education shall do all of the following as long as the board’s actions do not result in a state mandate or an increase in costs to a state or local program: (1) Adopt policies directed toward creating a school environment in kindergarten and grades 1 to 12, inclusive, that is free from discriminatory attitudes and practices and acts of hate violence. (2) Revise, as needed, and in accordance with the State Board of Education’s adopted Schedule for Curriculum Framework Development and Adoption of Instructional Materials developed pursuant to Section 60200, the state curriculum frameworks and guidelines and the moral and civic education curricula to include human relations education, with the aim of fostering an appreciation of the diversity of California’s population and discouraging the development of discriminatory attitudes and practices. (3) Establish guidelines for use in teacher and administrator in-service training programs to promote an appreciation of diversity and to discourage the development of discriminatory attitudes and practices that prevent pupils from achieving their full potential. (4) Establish guidelines for use in teacher and administrator in-service training programs designed to enable teachers and administrators to prevent and respond to acts of hate violence occurring on their school campuses. (5) Establish guidelines designed to raise the awareness and sensitivity of teachers, administrators, and school employees to potentially prejudicial and discriminatory behavior and to encourage the participation of these groups in these programs. (6) Develop guidelines relating to the development of nondiscriminatory instructional and counseling methods. (7) Revise any appropriate guidelines previously adopted by the board to include procedures for preventing and responding to acts of hate violence. (b) The State Department of Education, in accordance with policies established by the State Board of Education for purposes of this subdivision, shall do all of the following: (1) Prepare guidelines for the design and implementation of local programs and instructional curricula that promote understanding, awareness, and appreciation of the contributions of people with diverse backgrounds and of harmonious relations in a diverse society. The guidelines shall include methods of evaluating the programs and curricula and suggested procedures to ensure coordination of the programs and curricula with appropriate local public and private agencies. (2) Provide grants, from funds appropriated for that purpose, to school districts and county offices of education to develop programs and curricula consistent with the guidelines developed in paragraph (1). (3) To the extent possible, provide advice and direct services, consistent with the guidelines developed in paragraph (1), to school districts and county offices of education that implement the programs and curricula developed in paragraph (2). (c) The State Board of Education shall carry out this section only if private funds, in an amount sufficient to pay for related State Department of Education staff activities on behalf of the board, are made available. (d) Nothing in this section shall be construed to require the governing board of a school district to offer any ethnic studies or human relations courses in the district. (e) As used in this section, “hate violence” means any act punishable under Section 422.6, 422.7, or 422.75 of the Penal Code. (Amended by Stats. 2000, Ch. 955, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5. Hate Violence Prevention Act [233 - 233.8] SECTION 233.5. Source version: id_cb006a91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5. (a) Each teacher shall endeavor to impress upon the minds of the pupils the principles of morality, truth, justice, patriotism, and a true comprehension of the rights, duties, and dignity of American citizenship, and the meaning of equality and human dignity, including the promotion of harmonious relations, kindness toward domestic pets and the humane treatment of living creatures, to teach them to avoid idleness, profanity, and falsehood, and to instruct them in manners and morals and the principles of a free government. (b) Each teacher is also encouraged to create and foster an environment that encourages pupils to realize their full potential and that is free from discriminatory attitudes, practices, events, or activities, in order to prevent acts of hate violence, as defined in subdivision (e) of Section 233. (Added by renumbering Section 44806 by Stats. 1998, Ch. 914, Sec. 42. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5. Hate Violence Prevention Act [233 - 233.8] SECTION 233.8. Source version: id_cb006a93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5. (a) The State Department of Education shall provide regional training to assist school district personnel in the identification and determination of hate violence on school campuses. (b) (1) A grant program for school districts shall be established by the department for the purpose of enabling pupils and teachers to participate in educational programs focused on fostering ethnic sensitivity, overcoming racism and prejudice, and countering hatred and intolerance. It is the intent of the Legislature that the grants be awarded on a competitive basis with similar sized school districts and county offices of education competing against each other for grant funds. The Superintendent of Public Instruction shall establish grant competition bands as follows: (A) Districts with less than 2,501 average daily attendance. (B) Districts with more than 2,500 average daily attendance but less than 5,001. (C) Districts with more than 5,000 average daily attendance but less than 15,001. (D) Districts with more than 15,000 average daily attendance but less than 30,001. (E) Districts with more than 30,000 average daily attendance. (F) County offices of education. (2) The Superintendent of Public Instruction shall allocate the appropriated funds for competitive grants to each of the competitive bands based on the amount of average daily attendance in all districts in the competitive range compared to the statewide average daily attendance in all school districts and county offices of education. The grant program is not required to be implemented under this section unless funds are appropriated for that purpose. (Added by Stats. 2000, Ch. 959, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] SECTION 234. Source version: id_e19433fd-317b-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.5. (a) This article shall be known, and may be cited, as the Safe Place to Learn Act. (b) It is the policy of the State of California to ensure that all local educational agencies continue to work to reduce discrimination, harassment, violence, intimidation, and bullying. It is further the policy of the state to improve pupil safety at schools and the connections between pupils and supportive adults, schools, and communities. (Amended by Stats. 2011, Ch. 723, Sec. 1. (AB 9) Effective January 1, 2012. Operative July 1, 2012, by Sec. 8 of Ch. 723.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] SECTION 234.1. Source version: id_506e8739-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.5. The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following: (a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the local educational agency, and all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency. (b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following: (1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so. (2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district. (3) An appeal process afforded to the complainant in the case of a disagreement with the resolution of a complaint filed pursuant to this section. (4) All forms developed pursuant to this process shall be translated pursuant to Section 48985. (c) Publicized antidiscrimination, antiharassment, anti-intimidation, and antibullying policies adopted pursuant to subdivision (a), including information about the manner in which to file a complaint, to pupils, parents, employees, agents of the governing board, and the general public. The information shall be translated pursuant to Section 48985. (d) (1) Provided, incident to the publicizing described in subdivision (c), to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, who are employed by the local educational agency, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning (LGBTQ) pupils, or related to the support of pupils who may face bias or bullying on the basis of any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. (2) As used in this subdivision, both of the following apply: (A) Schoolsite resources may include, but are not limited to, peer support or affinity clubs and organizations, safe spaces for LGBTQ or other at-promise pupils, counseling services, staff who have received antibias or other training aimed at supporting these pupils or who serve as designated support to these pupils, health and other curriculum materials that are inclusive of, and relevant to, these pupils, online training developed pursuant to Section 32283.5, and other policies adopted pursuant to this article, including related complaint procedures. (B) Community resources may include, but are not limited to, community-based organizations that provide support to LGBTQ or other at-promise pupils and their families, and physical and mental health providers with experience or training in treating or supporting these pupils. (e) Prominently and conspicuously displayed the policy established pursuant to subdivision (a) in areas that are accessible to, and commonly frequented by, schoolsite employees, pupils, and members of the public at each schoolsite and local educational agency office, including, but not limited to, in school office lobbies, staff lounges, pupil government meeting rooms, and on the local educational agency’s internet website. (f) Maintained documentation of complaints and their resolution for a minimum of one review cycle. (g) Ensured that complainants are protected from retaliation and that the identity of a complainant alleging discrimination, harassment, intimidation, or bullying remains confidential, as appropriate. (h) Identified a responsible local educational agency officer for ensuring school district or county office of education compliance with the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter. (i) Nothing in this section shall be construed to require school employees to engage with religious institutions in the course of identifying community support resources pursuant to this section. (Amended by Stats. 2024, Ch. 38, Sec. 1. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] SECTION 234.2. Source version: id_355e7d2c-ca2e-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.5. (a) The department shall display current information, and periodically update information, on curricula and other resources that specifically address bias-related discrimination, harassment, intimidation, cyber sexual bullying, as defined in Section 48900, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code and Section 220 on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about discrimination, harassment, intimidation, cyber sexual bullying, and bullying is posted. (b) The department shall annually inform school districts of the information on the California Healthy Kids Resource Center Internet Web site and other appropriate department Internet Web sites where information about cyber sexual bullying is posted pursuant to subdivision (a). The department may use electronic mail to inform school districts of this information. (c) School districts are encouraged to inform pupils regarding the available information and resources on the department’s Internet Web sites regarding the dangers and consequences of cyber sexual bullying to help reduce the instances of cyber sexual bullying. (Amended by Stats. 2016, Ch. 419, Sec. 1. (AB 2536) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] SECTION 234.3. Source version: id_23281353-317c-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.5. The department shall develop a model handout describing the rights and obligations set forth in Sections 200, 201, and 220 and the policies addressing bias-related discrimination, harassment, intimidation, and bullying in schools. This model handout shall be posted on appropriate department Internet Web sites. (Amended by Stats. 2011, Ch. 723, Sec. 4. (AB 9) Effective January 1, 2012. Operative July 1, 2012, by Sec. 8 of Ch. 723.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] SECTION 234.4. Source version: id_1468d4eb-fcb3-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.5. (a) A local educational agency shall adopt, on or before December 31, 2019, procedures for preventing acts of bullying, including cyberbullying. (b) For purposes of this section, a “local educational agency” means a school district, a county office of education, or a charter school. (Added by Stats. 2018, Ch. 491, Sec. 1. (AB 2291) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] SECTION 234.41. Source version: id_defdbc62-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.5. (a) (1) On or before June 30, 2026, the department, in consultation with relevant stakeholders, shall develop, post on its internet website, and distribute to each local educational agency, a model policy on how to address reported acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The model policy shall clarify that local educational agencies are authorized, but not required, to address those acts. This section does not impose liability on a local educational agency for failing to address those acts. (2) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, may use existing resources or frameworks, including, but not limited to, the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, to be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community. (3) In developing the model policy required pursuant to paragraph (1), the department, in consultation with relevant stakeholders, shall consider establishing guidance on the factors necessary to determine what constitutes an intimidating or hostile educational environment, as well as the factors that demonstrate severity and pervasiveness. (b) The model policy developed pursuant to subdivision (a) shall be appropriate for local educational agencies that serve pupils enrolled in any of grades 4 to 12, inclusive. (c) (1) On or before July 1, 2027, each local educational agency shall adopt a policy, or modify its existing procedures adopted pursuant to Section 234.4, on how to address reported acts of cyberbullying occurring outside of school hours, provided that, when engaged in outside of the campus, the act is sufficiently severe or pervasive to have the actual and reasonably expected effect of creating an intimidating or hostile educational environment. The adopted policy may be the model policy developed by the department pursuant to subdivision (a) or a locally adopted policy with input from stakeholders. (2) Each local educational agency shall post a copy of the adopted policy on its internet website and the internet website of each of its schoolsites. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2025, Ch. 620, Sec. 1. (AB 772) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.5. Safe Place to Learn Act [234 - 234.5] SECTION 234.5. Source version: id_f6032cbc-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.5. (a) (1) The Superintendent shall post, and annually update, on the department’s internet website and notify local educational agencies of the availability of a list of statewide resources, including community-based organizations, that provide support to youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying, including school-based discrimination, harassment, intimidation, or bullying on the basis of neurodiversity, religious affiliation, nationality, race, or ethnicity, or perceived neurodiversity, religious affiliation, nationality, race, or ethnicity. (2) The resources included pursuant to paragraph (1) that provide support for youth, and their families, who have been subjected to school-based discrimination, harassment, intimidation, or bullying on the basis of neurodiversity shall include those developed by the University of California and California State University Collaborative for Neurodiversity and Learning. (b) The department’s internet website shall also include a list of statewide resources for youth who have been affected by gangs, gun violence, and psychological trauma caused by violence at home, at school, and in the community. (Amended by Stats. 2024, Ch. 907, Sec. 1. (SB 939) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.6. Bullying and Harassment Prevention Information [234.6- 234.6.] SECTION 234.6. Source version: id_fc04cd8e-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.6. (a) For purposes of this article, “local educational agency” means a county office of education, school district, state special school, or charter school. (b) Commencing with the 2020–21 academic year, each local educational agency shall ensure that all of the following information is readily accessible in a prominent location on the local educational agency’s existing internet website in a manner that is easily accessible to parents or guardians and pupils: (1) The local educational agency’s policy on pupil suicide prevention in grades 7 to 12, inclusive, adopted pursuant to Section 215. (2) The local educational agency’s policy on pupil suicide prevention in kindergarten and grades 1 to 6, inclusive, adopted pursuant to Section 215, including reference to the age appropriateness of that policy. (3) The definition of discrimination and harassment based on sex as described in Section 230. This shall include the rights set forth in Section 221.8. (4) The Title IX information included on a local educational agency’s internet website pursuant to Section 221.61. (5) A link to the Title IX information included on the department’s internet website pursuant to Section 221.6. (6) The local educational agency’s written policy on sexual harassment, as it pertains to pupils, prepared pursuant to Section 231.5. (7) The local educational agency’s policy, if it exists, on preventing and responding to hate violence as described in Section 233. (8) The local educational agency’s anti-discrimination, anti-harassment, anti-intimidation, and anti-bullying policies as described in Section 234.1. (9) The local educational agency’s anti-cyberbullying procedures adopted pursuant to Section 234.4. (10) A section on social media bullying that includes all of the following references to possible forums for social media bullying: (A) Internet websites with free registration and ease of registration. (B) Internet websites offering peer-to-peer instant messaging. (C) Internet websites offering comment forums or sections. (D) Internet websites offering image or video posting platforms. (11) A link to statewide resources, including community-based organizations, compiled by the department pursuant to Section 234.5. (12) Any additional information a local educational agency deems important for preventing bullying and harassment. (c) Commencing with the 2025–26 academic year, each local educational agency shall ensure that the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning are readily accessible in a prominent location on the local educational agency’s internet website in a manner that is easily accessible to parents or guardians and pupils. (Amended by Stats. 2024, Ch. 907, Sec. 2. (SB 939) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 5.7. Pupil Protections Relating to Immigration and Citizenship Status [234.7- 234.7.] SECTION 234.7. Source version: id_30c5998a-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=5.7. (a) Except as required by state or federal law or as required to administer a state or federally supported educational program, school officials and employees of a local educational agency shall not do either of the following: (1) Collect information or documents regarding citizenship or immigration status of pupils or their family members. (2) Allow an officer or employee of an agency conducting immigration enforcement to enter a nonpublic area of a schoolsite for any purpose without being presented with a valid judicial warrant or judicial subpoena, or a court order. Any school official or employee of a local educational agency shall, to the extent practicable, request a valid identification from an officer or employee of an agency conducting immigration enforcement seeking to enter a nonpublic area of a schoolsite. This subdivision shall not be construed to limit a local educational agency’s or school official’s right to consult with counsel or challenge the validity of a warrant, subpoena, or court order in a court of competent jurisdiction. (b) A local educational agency and its personnel, to the extent practicable, shall not disclose or provide in writing, verbally, or in any other manner, the education records of or any information about a pupil or a pupil’s family and household without the pupil’s parents’ or guardians’ written consent, a school employee, or a teacher, including, but not limited to, personal information as defined in subdivision (a) of Section 1798.3 of the Civil Code, information about a pupil’s home, and information about a pupil’s travel schedule, to an officer or employee of an agency conducting immigration enforcement absent a valid judicial warrant or judicial subpoena, or court order directing the local educational agency or its personnel to do so. Any disclosure of a pupil’s education records pursuant to a valid judicial warrant or judicial subpoena, or court order shall be in accordance with the parent notification requirements set forth in Section 99.31(a)(9)(ii) of Title 34 of the Code of Federal Regulations. (c) The superintendent of a school district, the superintendent of a county office of education, and the principal of a charter school, as applicable, shall report to the respective governing board or body of the local educational agency in a timely manner any requests for information or access to a schoolsite by an officer or employee of a law enforcement agency for the purpose of enforcing the immigration laws in a manner that ensures the confidentiality and privacy of any potentially identifying information. (d) If an employee of a school is aware that a pupil’s parent or guardian is not available to care for the pupil, the school shall first exhaust any parental instruction relating to the pupil’s care in the emergency contact information it has for the pupil to arrange for the pupil’s care. A school is encouraged to work with parents or guardians to update their emergency contact information and not to contact a child protective services agency to arrange for the pupil’s care unless the school is unable to arrange for care through the use of emergency contact information or other information or instructions provided by the parent or guardian. (e) The governing board or body of a local educational agency shall do all of the following: (1) (A) Provide information to parents and guardians, as appropriate, regarding their child’s right to a free public education, regardless of immigration status or religious beliefs. This information shall include information relating to both of the following: (i) The Immigration-Enforcement Actions at California Schools Guide for Students and Families, also known as “Know Your Educational Rights,” developed by the Attorney General. (ii) “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K–12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregiver’s authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. The provided information shall be revised as necessary to be consistent with any revisions or updates to the guidance issued by the Attorney General. (B) The information may be provided in the annual notification to parents and guardians pursuant to Section 48980 or any other cost-effective means determined by the local educational agency. (C) The guide specified in clause (i) subparagraph (A) shall be posted in the administrative buildings and on the internet websites of the local educational agency and each of its schoolsites. The guide shall be posted in every language that the Attorney General provides and shall be updated the school year following any updates published by the Attorney General. (2) Educate pupils about the negative impact of bullying other pupils based on their actual or perceived immigration status or their religious beliefs and customs. (f) This section does not prohibit the governing board or body of a local educational agency from establishing stronger standards and protections. (g) (1) The Attorney General, by April 1, 2018, in consultation with the appropriate stakeholders, shall publish model policies limiting assistance with immigration enforcement at public schools, to the fullest extent possible consistent with federal and state law, and ensuring that public schools remain safe and accessible to all California residents, regardless of immigration status. The Attorney General shall, at a minimum, consider all of the following issues when developing the model policies: (A) Procedures related to requests for access to school grounds for purposes related to immigration enforcement. (B) Procedures for local educational agency employees to notify the superintendent of the school district or the superintendent’s designee, the superintendent of the county office of education or the superintendent’s designee, or the principal of the charter school or the principal’s designee, as applicable, if an individual requests or gains access to school grounds for purposes related to immigration enforcement. (C) Procedures for responding to requests for personal information about pupils or their family members for purposes of immigration enforcement. (2) The Attorney General shall, no later than December 1, 2025, update the model policies described in paragraph (1) to ensure that these policies align with the prohibition applicable to school officials and employees of local educational agencies as described in paragraph (2) of subdivision (a), and the requirements for local educational agencies, as described in this section. (3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Justice may implement, interpret, or make specific this section without taking any regulatory action. (h) All local educational agencies shall do all of the following: (1) Adopt the model policies developed pursuant to paragraph (1) of subdivision (g), or equivalent policies, by July 1, 2018. (2) Revise their model policies as necessary to be consistent with any revisions or updates to the model policies developed by the Attorney General, including “Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K–12 Schools in Responding to Immigration Issues” issued by the Attorney General on January 6, 2025, including, but not limited to, information related to plans for family safety, the caregiver’s authorization affidavit in Section 6552 of the Family Code, and the importance of providing the school with, and regularly updating, emergency contact information, including secondary and additional contact information. (3) Update their model policies to align with this section, including paragraph (2) of subdivision (g), by March 1, 2026. (i) This section does not prohibit or restrict any governmental entity or official from sending to, or receiving from, federal immigration authorities, information regarding the citizenship or immigration status, lawful or unlawful, of an individual, or from requesting from federal immigration authorities immigration status information, lawful or unlawful, of any individual, or maintaining or exchanging that information with any other federal, state, or local governmental entity, pursuant to Sections 1373 and 1644 of Title 8 of the United States Code. (j) A local educational agency shall maintain its policy adopted pursuant to subdivision (h) and make the policy available to the department upon request. (k) Local educational agencies may be subject to monitoring and auditing by the department to ensure compliance with the requirements of subdivisions (h) and (j). (l) For purposes of this section, the following definitions apply: (1) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. (2) “Local educational agency” means a school district, county office of education, or charter school. (3) “Schoolsite” means an individual school campus of a school district, county office of education, or charter school, an area where a local educational agency’s school-sponsored activity is currently being held, or a schoolbus or other transportation provided by a local educational agency. (Amended by Stats. 2025, Ch. 664, Sec. 3.3. (AB 495) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 6. Alternative Schools, Charter Schools, and School Choice [235- 235.] SECTION 235. Source version: id_8f68a2a6-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=6. There shall be no discrimination on the basis of the characteristics listed in Section 220 in any aspect of the operation of alternative schools or charter schools. (Amended by Stats. 2007, Ch. 569, Sec. 13. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 7. Instructional Materials [240 - 244] SECTION 240. Source version: id_cb01f13b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=7. Governing boards of school districts shall adopt instructional materials in accordance with the provisions of Section 60040. (Added by Stats. 1982, Ch. 1117, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 7. Instructional Materials [240 - 244] SECTION 241. Source version: id_cb0377dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=7. Nothing in the California Student Safety and Violence Prevention Act of 2000 requires the inclusion of any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution or postsecondary educational institution; the California Student Safety and Violence Prevention Act of 2000 shall not be deemed to be violated by the omission of any curriculum, textbook, presentation, or other material in any program or activity conducted by an educational institution or postsecondary educational institution. (Added by Stats. 1999, Ch. 587, Sec. 6. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 7. Instructional Materials [240 - 244] SECTION 242. Source version: id_52c3fa88-5c92-11ee-8099-c71447addb82 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=7. No later than July 1, 2025, the department shall develop guidance and public educational materials, including an internet website and other communications materials, to ensure that all Californians can access information about educational laws and policies that safeguard the right to an accurate and inclusive curriculum. (Added by Stats. 2023, Ch. 229, Sec. 3. (AB 1078) Effective September 25, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 7. Instructional Materials [240 - 244] SECTION 243. Source version: id_5af091aa-5c92-11ee-8099-c71447addb82 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=7. (a) The governing board of a school district, a county board of education, or the governing body of a charter school shall not refuse to approve the use or prohibit the use of any textbook, instructional material, supplemental instructional material, or other curriculum for classroom instruction or any book or other resource in a school library on the basis that it includes a study of the role and contributions of any individual or group consistent with the requirements of Sections 51204.5 and 60040, unless the study of the role and contributions violates Section 51501 or 60044. (b) Any action taken by the governing board of a school district, a county board of education, or the governing body of a charter school that violates subdivision (a) constitutes unlawful discrimination pursuant to Section 220. (c) Notwithstanding any other law, a complaint pursuant to this section may be filed with the applicable school district, county office of education, or charter school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, or may be filed with the Superintendent directly. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation by the school district, county office of education, or charter school. A complaint filed pursuant to this subdivision shall identify the basis for filing the complaint directly with the Superintendent. The complainant shall present the Superintendent with evidence that supports the basis for the direct filing. (Added by Stats. 2023, Ch. 229, Sec. 4. (AB 1078) Effective September 25, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 7. Instructional Materials [240 - 244] SECTION 244. Source version: id_353e295c-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=7. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school shall not adopt or approve the use of any textbook, instructional material, supplemental instructional material, professional development materials, or curriculum for classroom instruction if the use of the textbook, instructional material, supplemental instructional material, or curriculum would subject a pupil to unlawful discrimination pursuant to Section 220. (2) If the governing board of a school district, a county board of education, or the governing body of a charter school knows or has reason to know that materials were used in a classroom or an action occurred that violated Section 220, the governing board of the school district, the county board of education, or the governing body of the charter school shall investigate and remediate the action, which may include, but is not limited to, the implementation of restorative justice practices. (b) (1) The governing board of a school district, a county board of education, or the governing body of a charter school shall not adopt or approve the use of any professional development materials or services if the professional development materials or services promote, endorse, or otherwise support actions or the use of any textbook, instructional material, supplemental instructional material, or curriculum which would subject a pupil to unlawful discrimination pursuant to Section 220. (2) If the governing board of a school district, a county board of education, or the governing body of a charter school knows or has reason to know that professional development materials or services were used or an action occurred that violated Section 220, the governing board of the school district, the county board of education, or the governing body of the charter school shall investigate and remediate the action, which may include, but is not limited to, the implementation of restorative justice practices. (c) Notwithstanding any other law, a complaint pursuant to this section may be filed with the applicable school district, county office of education, or charter school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, or may be filed with the Superintendent directly. A complaint filed pursuant to this subdivision shall identify the basis for filing the complaint directly with the Superintendent. The complainant shall present the Superintendent with evidence that supports the basis for the direct filing and why immediate action is necessary. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation by the school district, county office of education, or charter school. (d) A complaint may be filed by any member of the public, including anyone electing to file anonymously, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with subdivision (a). (e) Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations or any successor regulation. (Amended by Stats. 2025, Ch. 428, Sec. 2. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 8. Compliance [250 - 253] SECTION 250. Source version: id_cb0377e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=8. Prior to receipt of any state financial assistance or state student financial aid, an educational institution shall provide assurance to the agency administering the funds, in the manner required by the funding agency, that each program or activity conducted by the educational institution will be conducted in compliance with the provisions of this chapter and all other applicable provisions of state law prohibiting discrimination. A single assurance, not more than one page in length and signed by an appropriate responsible official of the educational institution, may be provided for all the programs and activities conducted by an educational institution. (Amended by Stats. 1998, Ch. 914, Sec. 30. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 8. Compliance [250 - 253] SECTION 251. Source version: id_cb0377e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=8. (a) A school district shall submit timely, complete, and accurate compliance reports to the State Department of Education as that entity may require. (b) All reports submitted pursuant to this section shall be made available by the educational institution for public inspection during regular business hours. (Amended by Stats. 1998, Ch. 914, Sec. 31. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 8. Compliance [250 - 253] SECTION 252. Source version: id_cb0377e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=8. (a) The Superintendent of Public Instruction shall, to the extent possible within existing resources, review and revise, where necessary, the policies and practices of programs administered by the department that provide services to school districts in order to promote improved gender equity. (b) The superintendent shall make available, upon request, wherever possible, the following data, compiled by gender and ethnicity: (1) Assessment scores for all grades tested. (2) The number of pupils enrolled in mathematics and science courses, as well as courses in other fields of study in which ethnic minority populations or members of either gender have been traditionally underrepresented among participants. (3) The number of high school graduates. (4) The number of high school graduates who complete the minimum requirements for admission to the University of California. (5) The number of pupils who leave school before graduation. (6) The number of pupils participating in interscholastic athletics. (c) The superintendent shall request the United States Department of Education to amend the Title IV-C grant for race, sex, and national origin desegregation received pursuant to Section 2000c-2 of Title 42 of the United States Code, and any regulations adopted pursuant thereto, so that funds received under those federal laws that are currently designated for technical assistance activities also may be used for gender equity monitoring and assistance activities. (Added by Stats. 1993, Ch. 1123, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 8. Compliance [250 - 253] SECTION 253. Source version: id_cb04fe87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=8. (a) Compliance with the sex discrimination provisions of this chapter and regulations adopted pursuant to this chapter shall be included in the annual Coordinated Compliance Review Manual provided to school districts by the Superintendent of Public Instruction. Any review of that compliance shall also include a review of the school district’s records of complaints of sexual harassment brought by pupils and employees of the school district. (b) The superintendent shall annually review 20 school districts for compliance with sex discrimination laws and regulations as specified in subdivision (a). The superintendent shall select from those districts subject to review, in a given year, a sampling of districts from each of the following categories: (1) Those districts within which the greatest number of sex discrimination complaints have been filed since its previous coordinated compliance review. (2) Those districts with the largest enrollments. (3) All other districts, selected on a random basis. (c) The superintendent and the department shall only be required to implement the provisions enumerated in this section in fiscal years in which sufficient funds have been appropriated for those purposes. (Amended by Stats. 1998, Ch. 914, Sec. 32. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 9. Enforcement [260 - 262.4] SECTION 260. Source version: id_8fba9338-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=9. The governing board of a school district shall have the primary responsibility for ensuring that school district programs and activities are free from discrimination based on age and the characteristics listed in Section 220 and for monitoring compliance with any and all rules and regulations promulgated pursuant to Section 11138 of the Government Code. (Amended by Stats. 2007, Ch. 569, Sec. 14. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 9. Enforcement [260 - 262.4] SECTION 262.3. Source version: id_3b4dd3ee-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=9. (a) (1) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a school district pursuant to this article, to the department. (2) In accordance with Section 4650(a)(4) of Title 5 of the California Code of Regulations, pursuant to this article, a party to a written complaint of prohibited discrimination may appeal based on a governing board of a local educational agency’s failure to issue an investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, directly with the Superintendent. The complaint shall present the Superintendent with evidence that supports the basis for the direct filing and why immediate action is necessary. Prior to direct intervention by the Superintendent, the department shall attempt to work with the local educational agency to issue a local educational agency investigation report within the timeline required under Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, pursuant to this article, with the Superintendent. (b) Persons who have filed a complaint, pursuant to this chapter, with an educational institution shall be advised by the educational institution that civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders may also be available to complainants. The educational institution shall make this information available by publication in appropriate informational materials. (c) Nothing in this chapter shall be construed to require an exhaustion of the administrative complaint process before civil law remedies may be pursued. (d) Notwithstanding any other law, a person who alleges a violation of Section 220, 243, 244, 51500, 51501, or 60044 may seek civil remedies pursuant to this section after 60 days have elapsed from the filing of an appeal to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. The moratorium imposed by this subdivision does not apply to injunctive relief and is applicable only if the local educational agency has appropriately, and in a timely manner, apprised the complainant of their right to file a complaint. (Amended by Stats. 2025, Ch. 428, Sec. 3. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 2. Educational Equity [200 - 280] ARTICLE 9. Enforcement [260 - 262.4] SECTION 262.4. Source version: id_cb068531-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=2.&article=9. This chapter may be enforced through a civil action. (Added by Stats. 1998, Ch. 914, Sec. 38. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 1. Findings and Declarations [300- 300.] SECTION 300. Source version: id_7dd751d3-aabe-11e6-84f0-9150850bae3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=1. The people of California find and declare as follows: (a) Whereas, The English language is the national public language of the United States of America and of the State of California, is spoken by the vast majority of California residents, and is also the leading world language for science and technology, thereby being an important language of economic opportunity; and (b) Whereas, All parents are eager to have their children master the English language and obtain a high-quality education, thereby preparing them to fully participate in the American Dream of economic and social advancement; and (c) Whereas, California is home to thousands of multinational businesses that must communicate daily with associates around the world; and (d) Whereas, California employers across all sectors, both public and private, are actively recruiting multilingual employees because of their ability to forge stronger bonds with customers, clients, and business partners; and (e) Whereas, Multilingual skills are necessary for our country’s national security and essential to conducting diplomacy and international programs; and (f) Whereas, California has a natural reserve of the world’s largest languages, including English, Mandarin, and Spanish, which are critical to the state’s economic trade and diplomatic efforts; and (g) Whereas, California has the unique opportunity to provide all parents with the choice to have their children educated to high standards in English and one or more additional languages, including Native American languages, thereby increasing pupils’ access to higher education and careers of their choice; and (h) Whereas, The government and the public schools of California have a moral obligation and a constitutional duty to provide all of California’s children, regardless of their ethnicity or national origin, with the skills necessary to become productive members of our society, and of these skills, literacy in the English language is among the most important; and (i) Whereas, The California Legislature approved, and the Governor signed, a historic school funding reform that restructured public education funding in a more equitable manner, directs increased resources to improve English language acquisition, and provides local control to school districts, county offices of education, and schools on how to spend funding through the local control funding formula and local control and accountability plans; and (j) Whereas, Parents now have the opportunity to participate in building innovative new programs that will offer pupils greater opportunities to acquire 21st century skills, such as multilingualism; and (k) Whereas, All parents will have a choice and voice to demand the best education for their children, including access to language programs that will improve their children’s preparation for college and careers, and allow them to be more competitive in a global economy; and (l) Whereas, Existing law places constraints on teachers and schools, which have deprived many pupils of opportunities to develop multilingual skills; and (m) Whereas, A large body of research has demonstrated the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy. (n) Therefore, It is resolved that: amendments to, and the repeal of, certain provisions of this chapter at the November 2016 statewide general election will advance the goal of voters to ensure that all children in California public schools shall receive the highest quality education, master the English language, and access high-quality, innovative, and research-based language programs that provide the California Ed.G.E. (California Education for a Global Economy). (Amended by Stats. 2014, Ch. 753, Sec. 2. (SB 1174) Approved in Proposition 58 at the November 8, 2016, election. Operative July 1, 2017, by Sec. 9 of Proposition 58.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 2. English Language Education [305 - 306] SECTION 305. Source version: id_8359c79c-8161-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=2. (a) (1) As part of the parent and community engagement process required for the development of a local control and accountability plan pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2, school districts and county offices of education shall solicit input on, and shall provide to pupils, effective and appropriate instructional methods, including, but not limited to, establishing language acquisition programs, as defined in Section 306. This requirement is intended to ensure that all pupils, including English learners and native speakers of English, have access to the core academic content standards, including the English language development standards, as applicable, and become proficient in English pursuant to the state priorities identified in paragraph (2) of subdivision (d) of Section 52060 and of Section 52066. (2) School districts and county offices of education shall, at a minimum, provide English learners with a structured English immersion program, as specified in Section 306, for purposes of ensuring that English learners have access to the core academic content standards, including the English language development standards, and become proficient in English pursuant to the state priorities identified in paragraph (2) of subdivision (d) of Section 52060 and of Section 52066. (b) When a school district or a county office of education establishes a language acquisition program pursuant to this section, the school district or county office of education shall consult with the proper school personnel, including, but not limited to, administrators and certificated teachers with the appropriate authorizations and experience. (c) School districts and county offices of education are also encouraged to provide opportunities to pupils who are native speakers of English to be instructed in another language to a degree sufficient to produce proficiency in that language. The non-English language should be at the discretion of the parents, community, and school, depending upon the linguistic and financial resources of the school community and other local considerations. (d) A language acquisition program established pursuant to this section shall comply with the requirements of Section 310. (Amended by Stats. 2018, Ch. 32, Sec. 2. (AB 1808) Effective June 27, 2018. Note: This section was amended in Prop. 58 on Nov. 8, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 2. English Language Education [305 - 306] SECTION 306. Source version: id_a1f89657-aabe-11e6-84f0-9150850bae3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=2. The definitions of the terms used in this article and in Article 1 (commencing with Section 300) are as follows: (a) “English learner” means a pupil who is “limited English proficient” as that term is defined in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 7801(25)). (b) “Native speaker of English” means a pupil who has learned and used English in his or her home from early childhood and English has been his or her primary means of concept formation and communication. (c) “Language acquisition programs” refers to educational programs designed to ensure English acquisition as rapidly and as effectively as possible, and that provide instruction to pupils on the state-adopted academic content standards, including the English language development standards. The language acquisition programs provided to pupils shall be informed by research and shall lead to grade level proficiency and academic achievement in both English and another language. Language acquisition programs may include, but are not limited to, all of the following: (1) Dual-language immersion programs that provide integrated language learning and academic instruction for native speakers of English and native speakers of another language, with the goals of high academic achievement, first and second language proficiency, and cross-cultural understanding. (2) Transitional or developmental programs for English learners that provide instruction to pupils that utilizes English and a pupil’s native language for literacy and academic instruction and enables an English learner to achieve English proficiency and academic mastery of subject matter content and higher order skills, including critical thinking, in order to meet state-adopted academic content standards. (3) Structured English immersion programs for English learners in which nearly all classroom instruction is provided in English, but with curriculum and a presentation designed for pupils who are learning English. (Amended by Stats. 2014, Ch. 753, Sec. 4. (SB 1174) Approved in Proposition 58 at the November 8, 2016, election. Operative July 1, 2017, by Sec. 9 of Proposition 58.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 3. Parental Exceptions [310- 310.] SECTION 310. Source version: id_ac5a8409-aabe-11e6-84f0-9150850bae3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=3. (a) Parents or legal guardians of pupils enrolled in the school may choose a language acquisition program that best suits their child pursuant to this section. Schools in which the parents or legal guardians of 30 pupils or more per school or the parents or legal guardians of 20 pupils or more in any grade request a language acquisition program that is designed to provide language instruction shall be required to offer such a program to the extent possible, based upon the requirements of Section 305. (b) If a school district implements a language acquisition program pursuant to this section, it shall do both of the following: (1) Comply with the kindergarten and grades 1 to 3, inclusive, class size requirements specified in Section 42238.02. (2) Provide, as part of the annual parent notice required pursuant to Section 48980 or upon enrollment, the parent or legal guardian of a minor pupil with information on the types of language programs available to pupils enrolled in the school district, including, but not limited to, a description of each program. (Amended by Stats. 2014, Ch. 753, Sec. 5. (SB 1174) Approved in Proposition 58 at the November 8, 2016, election. Operative July 1, 2017, by Sec. 9 of Proposition 58.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 3.5. English Language Proficiency Assessment [313 - 313.5] SECTION 313. Source version: id_dca6b3c6-2cc0-11ef-9c49-0dfd355c4075 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=3.5. (a) Each school district that has one or more pupils who are English learners, and, to the extent required by federal law, each county office of education and each charter school, shall assess the English language development of each pupil in order to determine the level of proficiency for purposes of this chapter. (b) The department, with the approval of the state board, shall establish procedures for conducting the assessment required pursuant to subdivision (a) and for the reclassification of a pupil from English learner to English proficient. (c) Commencing with the 2000–01 school year until subdivision (d) is implemented, the assessment shall be conducted upon initial enrollment, and annually, thereafter, during a period of time determined by the Superintendent and the state board. The annual assessments shall continue until the pupil is redesignated as English proficient. The assessment shall primarily utilize the English language development test identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2. (d) (1) This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that federal law permits the implementation of the changes set forth in this subdivision or until the 2013–14 school year, whichever occurs later. (2) The summative assessment shall be conducted annually during a four-month period after January 1 determined by the Superintendent with the approval of the state board. Annual assessments shall continue until the pupil is redesignated as English proficient. The annual assessment shall primarily utilize the English language development assessment identified or developed by the Superintendent pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2. (3) The assessment for initial identification shall be conducted upon the initial enrollment of a pupil in order to provide information to be used to determine if the pupil is an English learner. (A) If the initial enrollment of a pupil occurs on a date outside of the testing period identified pursuant to paragraph (2), the prior year’s annual assessment for the grade in which the pupil is enrolling shall be used for this purpose. (B) If the initial enrollment of a pupil occurs on a date within the testing period identified pursuant to paragraph (2), the initial assessment of the pupil shall be conducted as part of the annual assessment conducted pursuant to paragraph (2). (4) Notwithstanding paragraph (2), a school district shall assess the English language development of a pupil pursuant to this section no more than one time per school year for each assessment purpose pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2. (e) The assessments conducted pursuant to subdivision (d) shall be conducted in a manner consistent with federal statutes and regulations. (f) The reclassification procedures developed by the department shall utilize multiple criteria in determining whether to reclassify a pupil as proficient in English, including, but not limited to, all of the following: (1) Assessment of language proficiency using an objective assessment instrument, including, but not limited to, the English language development test that is developed or acquired pursuant to Section 60810. (2) Teacher evaluation, including, but not limited to, a review of the pupil’s curriculum mastery. (3) Parental opinion and consultation. (4) Comparison of the performance of the pupil in basic skills against an empirically established range of performance in basic skills based upon the performance of English proficient pupils of the same age, that demonstrates whether the pupil is sufficiently proficient in English to participate effectively in a curriculum designed for pupils of the same age whose native language is English. (g) This section does not preclude a school district or county office of education from testing English learners more than once in a school year if the school district or county office of education chooses to do so. (h) For purposes of this section, “initial enrollment” does not include enrollment in a transitional kindergarten program. (Amended by Stats. 2024, Ch. 15, Sec. 2. (AB 2268) Effective June 14, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 3.5. English Language Proficiency Assessment [313 - 313.5] SECTION 313.1. Source version: id_4bd40943-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=3.5. For purposes of this article, the following terms have the following meanings: (a) (1) “Long-term English learner” means an English learner to which all of the following apply: (A) Is enrolled in any of grades 6 to 12, inclusive. (B) Has been enrolled in schools in the United States for six years or more. (C) Has remained at the same English language proficiency level for two or more consecutive prior years, or has regressed to a lower English language proficiency level, as determined by the English language development test identified or developed pursuant to Section 60810, or a score determined by the Superintendent on any successor test. (D) For a pupil in any of grades 6 to 9, inclusive, has scored far below basic or below basic on the prior year’s English language arts standards-based achievement test administered pursuant to Section 60640, or a score determined by the Superintendent on any successor test. (2) A pupil for which the required testing results are not available for either subparagraph (C) or (D) of paragraph (1) shall not have that criteria applied and such pupil shall not be excluded based on that criteria. (b) (1) “English learner at risk of becoming a long-term English learner” means an English learner to which all of the following apply: (A) Is enrolled in any of grades 3 to 12, inclusive. (B) Has been enrolled in schools in the United States for four to five years. (C) Has scored at the intermediate level or below on the prior year’s English language development test identified or developed pursuant to Section 60810, or a score determined by the Superintendent on any successor test. (D) For a pupil in any of grades 3 to 9, inclusive, has scored in the fourth or fifth year at the below basic or far below basic level on the prior year’s English language arts standards-based achievement test administered pursuant to Section 60640, or a score determined by the Superintendent on any successor test. (2) A pupil for which the required testing results are not available for either subparagraph (C) or (D) of paragraph (1) shall not have that criteria applied and such pupil shall not be excluded based on that criteria. (3) The Superintendent is encouraged to revisit a score determined for any successor test pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (a) and subparagraphs (C) and (D) of paragraph (1) of this subdivision after three years of assessment data on the successor test. (Amended by Stats. 2015, Ch. 660, Sec. 1. (SB 750) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 3.5. English Language Proficiency Assessment [313 - 313.5] SECTION 313.2. Source version: id_0f7d9804-e413-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=3.5. (a) The department shall annually ascertain the number of pupils in each school district and school, including a school that is within the jurisdiction of a county office of education and a charter school, who are, or are at risk of becoming, long-term English learners, as those terms are defined in Section 313.1. (b) The department shall annually provide the information described in subdivision (a) to school districts and schools and post on the department’s Internet Web site the number of long-term English learners and English learners at risk of becoming long-term English learners in the state. (c) In addition to the information specified in subdivision (b) of Section 440, the notice of assessment of a child’s English proficiency shall also contain all of the following information: (1) Whether the child is a long-term English learner or English learner at risk of becoming a long-term English learner, as those terms are defined in Section 313.1. (2) The manner in which the program for English language development instruction will meet the educational strengths and needs of long-term English learners or English learners at risk of becoming long-term English learners. (3) The manner in which the program for English language development instruction will help long-term English learners or English learners at risk of becoming long-term English learners develop English proficiency and meet age-appropriate academic standards. (d) A local educational agency or charter school may, to comply with the requirements of subdivision (c), send a notice to parents and guardians that identifies pupils as long-term English learners or English learners at risk of becoming long-term English learners, including pupils in addition to those who meet the definitions in Section 313.1, if all of the following conditions are met: (1) The definitions used by the local educational agency or charter school are broader than those in Section 313.1 and consequently include all pupils who meet the definitions in Section 313.1. (2) The notice states that the definitions used by the local educational agency or charter school are broader than those in state law. (3) The notice includes the information specified in paragraphs (2) and (3) of subdivision (c). (Amended by Stats. 2017, Ch. 609, Sec. 1. (AB 81) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 3.5. English Language Proficiency Assessment [313 - 313.5] SECTION 313.3. Source version: id_47bc902a-fed2-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=3.5. (a) On or before December 31, 2023, the department shall develop a standardized English language teacher observation protocol for use by teachers in evaluating a pupil’s English language proficiency, as required by paragraph (2) of subdivision (f) of Section 313. (b) (1) The protocol shall be designed to be used by teachers to evaluate a pupil’s use of English while engaging in academic content learning, including interactive language use with peers. (2) The protocol shall be designed to allow teachers to assess language practices across a range of proficiency levels in order to help teachers identify pupils’ performance along the continuum of progress toward proficiency in English. (3) The protocol shall be designed to be used for all English learner pupils, including those who have individualized education programs. (4) The protocol shall be designed for use by content area teachers at all grade levels, English language development teachers, bilingual teachers, and special education teachers, and shall be designed for ease of use by educators. (5) The protocol shall be aligned to the English language development standards and the performance levels for the English language development test described in Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2. (c) It is the intent of the Legislature that the protocol additionally be useful to all of the following: (1) Teachers, as a formative assessment tool for purposes of supporting pupils’ progress toward proficiency in English during the school year. (2) Teachers’ discussions with parents regarding pupils’ progress toward English language proficiency. (3) Institutions of higher education in the preparation of new teachers. (d) (1) In developing the protocol, the department shall consult, at a minimum, with current content area teachers at different grade levels, English language development teachers, bilingual teachers, and special education teachers, and with experts with demonstrated experience in observing and documenting pupil academic language practices and in developing and administering assessments for English learners. The department shall ensure that the majority of individuals with whom it consults are currently teaching, credentialed teachers who regularly instruct English learner pupils. (2) In developing the protocol, the department shall pilot the protocol with educators and pupils, and refine instruments and guidelines as needed. (3) The department shall also conduct a validation process to ensure the protocol appropriately assesses the intended target language constructs, demonstrates a meaningful relationship to the performance levels for the English language development test and assessed classroom language use, and reflects pupil progress toward attaining targeted constructs. (e) The department shall provide guidance to school districts, county offices of education, and charter schools on the use of the protocol. (f) The department shall develop and make available to school districts, county offices of education, and charter schools professional development tools to train teachers on the use of the protocol. These tools may include, but are not limited to, audio and video samples of English learner pupils’ language use for the purpose of assisting educators using the protocol in calibrating judgments about observed language use. (Amended by Stats. 2022, Ch. 52, Sec. 1. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 3.5. English Language Proficiency Assessment [313 - 313.5] SECTION 313.5. Source version: id_c7173334-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=3.5. (a) By January 1, 2014, the department shall review and analyze the criteria, policies, and practices that a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state use to reclassify English learners, and recommend to the Legislature and state board any guideline, regulatory, or statutory changes that the department determines are necessary to identify when English learners are prepared for the successful transition to classrooms and curricula that require English proficiency. (b) For purposes of completing the review and analysis required pursuant to subdivision (a), the department shall consult with parents of English learners, experts with demonstrated experience in developing and administering assessments for English learners, classroom or resource teachers, or both, school district administrators with expertise in curriculum, instruction, assessment, and accountability, and researchers possessing expertise in the education of English learners. (c) The group of experts described in subdivision (b) shall develop a study design that may include a sampling methodology for purposes of selecting the school districts that will be part of the review and analysis to identify best practices pursuant to subdivision (a). (d) For purposes of completing the review and analysis required pursuant to subdivision (a), the department shall examine and report on the following: (1) The practices and standards used by a sampling of school districts that represent the geographic, socioeconomic, and demographic diversity of school districts in the state to meet the four reclassification criteria specified in subdivision (f) of Section 313. (2) The extent to which school districts are following the guidelines established by the state board. (3) The range of reclassification criteria developed by school districts. (e) As part of the examination required pursuant to subdivision (d), the department shall analyze the following: (1) English language proficiency and academic performance data. (2) The relationship of the reclassification criteria to reclassification rates. (3) The academic performance of pupils after reclassification as English proficient. (4) The relationship of the reclassification criteria to the academic performance of pupils after reclassification. (f) In its report, the department also shall identify any other pupil outcome measures that indicate an English learner is prepared to successfully transition to a classroom and curricula that require English proficiency. (g) By January 1, 2014, the department shall issue a report that includes the department’s findings, research, analysis, recommendations, and best practices pursuant to subdivisions (a), (d), (e,) and (f). (h) By January 1, 2017, the department shall issue an updated report that reflects any changes in analysis and recommendations as a result of the adoption by the state board of the common core standards pursuant to Section 60605.8 and the English language development standards adopted pursuant to Section 60811.3. (i) This section shall be implemented only if state or federal funds are appropriated as necessary to fully fund this purpose or if private funds are made available as necessary to fully fund this purpose. (Added by Stats. 2012, Ch. 434, Sec. 1. (SB 1108) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 4. Community-Based English Tutoring [315 - 316] SECTION 315. Source version: id_91b984bd-e825-11db-a3ee-a72b3b054c0a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=4. In furtherance of its constitutional and legal requirement to offer special language assistance to children coming from backgrounds of limited English proficiency, the state shall encourage family members and others to provide personal English language tutoring to such children, and support these efforts by raising the general level of English language knowledge in the community. Commencing with the fiscal year in which this initiative is enacted and for each of the nine fiscal years following thereafter, a sum of fifty million dollars ($50,000,000) per year is hereby appropriated from the General Fund for the purpose of providing additional funding for free or subsidized programs of adult English language instruction to parents or other members of the community who pledge to provide personal English language tutoring to California school children with limited English proficiency. (Added June 2, 1998, by initiative Proposition 227. Became operative on date prescribed in Section 330.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 4. Community-Based English Tutoring [315 - 316] SECTION 316. Source version: id_9203fb3f-e825-11db-a3ee-a72b3b054c0a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=4. Programs funded pursuant to this section shall be provided through schools or community organizations. Funding for these programs shall be administered by the Office of the Superintendent of Public Instruction, and shall be disbursed at the discretion of the local school boards, under reasonable guidelines established by, and subject to the review of, the State Board of Education. (Added June 2, 1998, by initiative Proposition 227. Became operative on date prescribed in Section 330.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 5. Legal Standing and Parental Enforcement [320- 320.] SECTION 320. Source version: id_bd13fabb-aabe-11e6-84f0-9150850bae3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=5. As detailed in Section 5 of Article IX of the California Constitution, and Article 2 (commencing with Section 305) and Article 3 (commencing with Section 310), respectively, all California school children have the right to be provided with a free public education and an English language public education. (Amended by Stats. 2014, Ch. 753, Sec. 7. (SB 1174) Approved in Proposition 58 at the November 8, 2016, election. Operative July 1, 2017, by Sec. 9 of Proposition 58.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 6. Severability [325- 325.] SECTION 325. Source version: id_c4b998da-345e-11dc-a912-af5c9697cb2e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=6. If any part or parts of this statute are found to be in conflict with federal law or the United States or the California State Constitution, the statute shall be implemented to the maximum extent that federal law, and the United States and the California State Constitution permit. Any provision held invalid shall be severed from the remaining portions of this statute. (Added June 2, 1998, by initiative Proposition 227. Note: In the text, "this statute" refers to Chapter 3 (commencing with Section 300), which was added by Prop. 227.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 7. Operative Date [330- 330.] SECTION 330. Source version: id_c63b08c4-345e-11dc-a912-af5c9697cb2e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=7. This initiative shall become operative for all school terms which begin more than sixty days following the date on which it becomes effective. (Added June 2, 1998, by initiative Proposition 227. Note: In the text, "this initiative" refers to Chapter 3 (commencing with Section 300), which was added by Prop. 227.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 8. Amendment [335- 335.] SECTION 335. Source version: id_cb9fe30d-aabe-11e6-84f0-9150850bae3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=8. The provisions of this act may be amended by a statute that becomes effective upon approval by the electorate or by a statute passed by a majority vote of each house of the Legislature and signed by the Governor. (Amended by Stats. 2014, Ch. 753, Sec. 8. (SB 1174) Approved in Proposition 58 at the November 8, 2016, election. Operative July 1, 2017, by Sec. 9 of Proposition 58. Note: In the text, "this act" refers to Chapter 3 (commencing with Section 300), which was added June 2, 1998, by Prop. 227 and amended Nov. 8, 2016, by Prop. 58.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 3. English Language Education for Immigrant Children [300 - 340] ARTICLE 9. Interpretation [340- 340.] SECTION 340. Source version: id_c59fda30-345e-11dc-a912-af5c9697cb2e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=3.&article=9. Under circumstances in which portions of this statute are subject to conflicting interpretations, Section 300 shall be assumed to contain the governing intent of the statute. (Added June 2, 1998, by initiative Proposition 227. Note: In the text, "this statute" refers to Chapter 3 (commencing with Section 300), which was added by Prop. 227.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 4. EL Roadmap Policy [360 - 361] SECTION 360. Source version: id_e7bce042-b8d3-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=4.&article= For purposes of this chapter, the following definitions apply: (a) “EL Roadmap Policy” means the California English Learner Roadmap State Board of Education Policy: Educational Programs and Services for English Learners adopted by the state board on July 12, 2017. (b) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 946, Sec. 2. (AB 2074) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 4. EL Roadmap Policy [360 - 361] SECTION 361. Source version: id_e7bce044-b8d3-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=4.&article= (a) (1) The State Department of Education shall develop a statewide implementation plan for the EL Roadmap Policy. (2) In developing the statewide implementation plan, the department shall convene an advisory committee with representation from all of the following: (A) Local educational agencies. (B) Teachers who teach pupils in preschool, transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive. (C) Parents of pupils who are English learners. (D) Nonprofit organizations with experience in implementing the EL Roadmap Policy. (b) The statewide implementation plan shall include all of the following: (1) A brief summary at the beginning of the plan that states why the statewide implementation plan is being created and its importance to bring awareness, a sense of urgency, and opportunity as it relates to the plan. (2) Clear and measurable statewide goals of implementation. (3) Alignment and coherence across state initiatives that reflect the EL Roadmap Policy and principles. (4) How to incorporate the EL Roadmap Policy meaningfully within the statewide system of support established pursuant to Section 52059.5. (5) Guidance for local educational agencies to incorporate and build alignment and coherence at the local level across programs and services. (6) A system of monitoring and accountability of the implementation of the department’s plan. (c) Notwithstanding Section 10231.5 of the Government Code, the department shall submit a report with the statewide implementation plan for the EL Roadmap Policy to the appropriate policy and fiscal committees of the Legislature on or before November 1, 2026. (d) Notwithstanding Section 10231.5 of the Government Code, the department shall submit an annual progress report to the appropriate policy and fiscal committees of the Legislature commencing January 1, 2027, that identifies local educational agencies that engaged in the implementation of the plan, including, but not limited to, local educational agencies that contacted the department for assistance in implementation and those that offered professional development opportunities to assist educators in implementing the plan. (Added by Stats. 2024, Ch. 946, Sec. 2. (AB 2074) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 430. Source version: id_cb1be23d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= (a) This chapter shall be known, and may be cited, as the English Learner and Immigrant Pupil Federal Conformity Act. (b) The purpose of this chapter is to ensure that instructional services are provided to pupils with limited English proficiency in conformity with federal requirements that are designed to ensure that all pupils have reasonable access to educational opportunities that are necessary in order for the pupils to achieve at high levels in English and in the other core curriculum areas of instruction. (c) This chapter is intended to be declaratory of Title III of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and is intended to assist local educational agencies in understanding the requirements and funding formulas to provide allowable services. It is the intent of the Legislature that, to the extent federal law is amended, this chapter will be amended to conform to those changes. (d) The requirements of this chapter apply only to local educational agencies that receive federal funds pursuant to Title III of the federal No Child Left Behind Act of 2001. (Amended by Stats. 2003, Ch. 62, Sec. 30. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 435. Source version: id_cb1be23f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= For purposes of this chapter, the following terms have the following meanings: (a) “English learner” or “pupil of limited English proficiency” means a pupil who was not born in the United States or whose native language is a language other than English or who comes from an environment where a language other than English is dominant; and whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual the ability to meet the state’s proficient level of achievement on state assessments, the ability to successfully achieve in classrooms where the language of instruction is English, or the opportunity to participate fully in society. (b) “Immigrant pupil” means a pupil who was born in a country other than the United States and who has attended a kindergarten class or any of grades 1 to 12, inclusive, in a school in the United States for three or fewer years. (c) “Federal No Child Left Behind Act of 2001” means Public Law Number 107-110 (20 U.S.C. Sec. 6801, et seq.). (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 440. Source version: id_cb1be241-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= (a) A local educational agency shall provide instructional services to limited-English-proficient pupils and immigrant pupils in conformity with Section 6801 and following of Title 20 of the United States Code. (b) In accordance with Section 7012 of Title 20 of the United States Code, each parent or guardian of a pupil enrolled in a public school shall receive notice of the assessment of his or her child’s English language proficiency not later than 30 days after the start of the school year. The notice shall include all of the following: (1) The reason for the child’s classification as limited English proficient. (2) The level of English proficiency. (3) A description of the program for the English language development instruction, including a description of all of the following: (A) The manner in which the program will meet the educational strengths and needs of the child. (B) The manner in which the program will help the child develop his or her English proficiency and meet age appropriate academic standards. (C) The specific exit requirements for the program, the expected rate of transition from the program into classrooms that are not tailored for limited-English-proficient children, and the expected rate of graduation from secondary school for the program if funds available under Sections 6801 and following of Title 20 of the United States Code are used for children in secondary schools. (D) Where the child has been identified as having exceptional needs, the manner in which the program meets the requirements of the child’s individualized education plan. (4) Information regarding a parent or guardian’s option to decline to allow the child to become enrolled in the program or to choose to allow the child to become enrolled in an alternative program. (5) Information designed to assist a parent or guardian in selecting among available programs, if more than one program is offered. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 441. Source version: id_cb1be243-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= A local educational agency that receives federal funds for a language instruction program and that fails to make progress on the annual pupil achievement objectives in any fiscal year shall inform each parent or guardian of each pupil identified for participation in that program, or participating in that program, within 30 days of the occurrence of the failure, as required pursuant to Section 7012 (b) of Title 20 of the United States Code. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 442. Source version: id_cb1d68e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= In accordance with Section 6824 (d) of Title 20 of the United States Code, a local educational agency that experiences a significant increase, as determined by the State Department of Education, in the number of immigrant pupils in comparison to the average of the preceding two years may be eligible for a federal subgrant if that local educational agency agrees to expend the funds to improve the education of immigrant pupils by assisting the pupils to learn English and meet challenging state academic content and pupil achievement standards. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 443. Source version: id_cb1d68e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= (a) In accordance with Section 6826 of Title 20 of the United States Code, an eligible local educational agency desiring a subgrant pursuant to Section 6824 of Title 20 of the United States Code shall submit a plan to the State Department of Education at the time, in the manner, and containing the information, that the State Department of Education may require. (b) The plan submitted shall do the following: (1) Describe the programs and activities to be developed, implemented, and administered. (2) Describe how the agency will use the subgrant funds to meet all annual measurable achievement objectives for limited-English-proficient pupils in English proficiency and in meeting challenging state academic content and pupil academic achievement standards. (3) Describe how the agency will hold elementary schools and secondary schools accountable for all of the following: (A) Meeting the annual measurable achievement objectives. (B) Making adequate yearly progress for limited-English-proficient pupils. (C) Annually measuring the English proficiency of limited-English-proficient pupils so that pupils served develop proficiency in English while meeting state academic content and pupil academic achievement standards. (4) Describe how the agency will promote parental and community participation in programs for limited-English-proficient pupils. (5) Contain an assurance that the agency consulted with teachers, researchers, school administrators, and parents, and, if appropriate, with education-related community groups and nonprofit organizations, and institutions of higher education, in developing the plan. (6) Describe how language instruction education programs carried out under the subgrant will ensure that limited-English-proficient pupils being served by the programs develop English proficiency. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 444. Source version: id_cb1d68e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= In accordance with Section 6826 (c) of Title 20 of the United States Code, a local educational agency that receives a federal subgrant pursuant to Sections 6801 and following of Title 20 of the United States Code shall include in its plan a certification that all teachers in any language instruction education program for limited-English-proficient pupils that is, or will be, funded under Part A of Title III of the federal No Child Left Behind Act of 2001 are fluent in English and any other language used for instruction, including having written and oral communication skills. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 445. Source version: id_cb1d68eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= In accordance with Section 6846 of Title 20 of the United States Code, nothing in this chapter shall be construed to negate or supersede state law or the legal authority under state law of the State Department of Education. (Added by Stats. 2002, Ch. 1014, Sec. 1. Effective September 27, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 1 GENERAL PROVISIONS [1. - 446] CHAPTER 6. English Learner and Immigrant Pupil Federal Conformity Act [430 - 446] SECTION 446. Source version: id_cb1eef8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=1.&chapter=6.&article= In compliance with Section 6824 of Title 20 of the United States Code, the Superintendent of Public Instruction may not award a subgrant in an amount that is less than ten thousand dollars ($10,000). A local educational agency may form a consortium with one or more other local educational agencies to apply for Title III funds as a consortium, if the grant to the consortium is ten thousand dollars ($10,000) or more. A consortium shall include only those entities specified by Section 6871 of Title 20 of the United States Code. If a consortium applies for a subgrant, it shall be awarded to the local lead educational agency on behalf of all of the members of the consortium. The members of the consortium shall collectively develop and approve a memorandum of understanding for the implementation of the programs and services they will provide with these funds. (Amended by Stats. 2003, Ch. 62, Sec. 31. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15100. Source version: id_22de5af4-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. (a) Except as otherwise provided by law, the governing board of any school district or community college district may, when in its judgment it is advisable, and shall, upon a petition of the majority of the qualified electors residing in the school district or community college district, order an election and submit to the electors of the school district or community college district, as applicable, the question whether the bonds of the school district or community college district shall be issued and sold for the purpose of raising money for the following purposes: (1) The purchasing of school lots. (2) The building or purchasing of school buildings. (3) The making of alterations or additions to the school building or buildings other than as may be necessary for current maintenance, operation, or repairs. (4) The repairing, restoring, or rebuilding of any school building damaged, injured, or destroyed by fire or other public calamity. (5) The supplying of school buildings and grounds with furniture, equipment, or necessary apparatus of a permanent nature. (6) The permanent improvement of the school grounds. (7) The refunding of any outstanding valid indebtedness of the school district or community college district, evidenced by bonds, or of state school building aid loans. (8) The carrying out of the projects or purposes authorized in Section 17577. (9) The purchase of schoolbuses the useful life of which is at least 20 years. (10) The demolition or razing of any school building with the intent to replace it with another school building, whether in the same location or in any other location. (b) Any one or more of the purposes enumerated in subdivision (a), except that of refunding any outstanding valid indebtedness of the school district or community college district evidenced by bonds, may, by order of the governing board of the school district or community college district, as applicable, that is entered in its minutes, be united and voted upon as one single proposition. (c) Before the governing board of a school district or the governing board of a community college district may order an election for purposes of this section, it shall obtain reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the county assessor. (Amended by Stats. 2016, Ch. 129, Sec. 1. (AB 2116) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15100.3. Source version: id_1cfca0ba-e40f-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. (a) Two or more small school districts that have had the issuance of bonds authorized by the voters pursuant to this chapter may form a joint powers authority in accordance with the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for the purpose of issuing or selling those bonds for raising money for the purposes authorized. (b) A joint powers authority described in subdivision (a) shall be deemed a school district for purposes of this chapter only and may exercise all authority granted to a school district under this chapter under the conditions imposed by this chapter for the issuance and sale of bonds. (c) Each small school district shall be responsible for its respective voter-approved bonds pursuant to this chapter. A joint powers authority formed pursuant to this section shall serve the purpose of sharing administrative costs associated with the issuance and sale of bonds and shall not otherwise affect the terms of the respective voter-approved bonds. (d) For purposes of this section, “small school district” means a school district with fewer than 2,501 units of average daily attendance. (Added by Stats. 2017, Ch. 451, Sec. 1. (AB 1550) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15100.5. Source version: id_cdd18c35-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. Except as otherwise provided by law, the governing board of the Peralta Community College District may, when in its judgment it is advisable, order the county superintendent of schools to call an election to be conducted pursuant to this chapter and submit to the electors of the district the question of whether the proceeds of previously authorized but unissued bonds of the district may be used for a purpose or purposes in addition to the purposes for which the previously approved bonds were authorized by the electors. The governing board may, by order entered into its minutes, call for an election to expand the purposes of prior authorized but unissued bonds either as a single proposition on the ballot or combined with the question of issuing new bonds of the district for any purpose or purposes permitted by law. If two-thirds of the votes cast on the question of expanding the purposes for which the proceeds of previously authorized but unissued bonds of the district may be used, or the combined question of expanding the purposes for which the proceeds of previously authorized but unissued bonds of the district and issuing newly authorized bonds of the district, are in favor of the proposition, the district may use the proceeds of the previously authorized but unissued bonds for the expanded purposes and may issue newly authorized bonds, as the case may be. (Repealed and added by Stats. 1997, Ch. 893, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15101. Source version: id_2abd5f2c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. Notwithstanding any other law, an election may not be held pursuant to this chapter within 45 days before a statewide election or within 45 days after a statewide election unless conducted at the same time as the statewide election, subject to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, or on an established election date pursuant to Section 1000 or 1500 of the Elections Code. (Amended by Stats. 2006, Ch. 289, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15101.75. Source version: id_96f7c16e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. (a) This chapter shall apply to bond elections for and the issuance of bonds for school facilities improvement districts created pursuant to Chapter 2 (commencing with Section 15300) to the extent that this chapter does not conflict with Chapter 2. In the event of a conflict, the provisions of Chapter 2 shall supersede the provisions of this chapter, but only to the extent of the conflict. (b) A bond adopted by the voters pursuant to this part prior to January 1, 2008, shall be governed by this part as it read on December 31, 2007. (Added by Stats. 2007, Ch. 670, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15102. Source version: id_974a2730-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. The total amount of bonds issued pursuant to this chapter and Chapter 1.5 (commencing with Section 15264) shall not exceed 1.25 percent of the taxable property of the school district or community college district, or the school facilities improvement district, if applicable, as shown by the last equalized assessment of the county or counties in which the district is located. For purposes of this section, the taxable property of a district for any fiscal year shall be calculated to include, but not be limited to, the assessed value of all unitary and operating nonunitary property of the district, which shall be derived by dividing the gross assessed value of the unitary and operating nonunitary property within the district for the 1987–88 fiscal year by the gross assessed value of all unitary and operating nonunitary property within the county in which the district is located for the 1987–88 fiscal year, and multiplying that result by the gross assessed value of all unitary and operating nonunitary property of the county on the last equalized assessment roll. (Amended by Stats. 2007, Ch. 670, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15103. Source version: id_cdd18c3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. Notwithstanding any other provision of law, for the purpose of computing the limit on the amount of bonds which may be issued by a district pursuant to the provisions of this chapter, the taxable property of the district shall be determined upon the basis that the district’s assessed value has not been reduced by the exemption of the assessed value of business inventories in the district or reduced by the homeowner’s property tax exemption. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15105. Source version: id_cdd18c3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. For the purpose of the provisions of Sections 15102 and 15106 which require that the valuation as shown on the last equalized assessment roll be modified pursuant to Section 41201 or 84201, the “current year” as used in Section 41201 or 84201 shall be deemed to be the latest fiscal year for which there exists a last equalized county assessment roll as ascertained in accordance with Chapter 3 (commencing with Section 2050) of Part 3 of Division 1 of the Revenue and Taxation Code, and the term “two immediately preceding years” shall be deemed to be the two fiscal years immediately preceding the fiscal year for which the last equalized county assessment roll exists. Whenever in any year it becomes necessary to determine the modification under Sections 15102 and 15106, at a time between the date when the assessment roll for that year becomes the last equalized county assessment roll ascertained under Chapter 3 and the date when the factor for the current year is certified and becomes available, the factor for the current year shall be deemed to be 1.00. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15106. Source version: id_979fc142-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. A unified school district or community college district may issue bonds that, in aggregation with bonds issued pursuant to Section 15270, shall not exceed 2.5 percent of the taxable property of the school district or community college district, or the school facilities improvement district, if applicable, as shown by the last equalized assessment of the county or counties in which the district is located. In computing the outstanding bonded indebtedness of a unified school district or community college district for all purposes of this section, any outstanding bonds shall be deemed to have been issued for elementary school purposes, high school purposes, and community college purposes, respectively, in the respective amounts that the proceeds of the sale of those outstanding bonds, excluding any premium and accrued interest received on that sale, were or have been allocated by the governing board of the unified school district or community college district to each of those purposes respectively. (a) For the purposes of the State School Building Aid Law of 1952 (Chapter 6 (commencing with Section 16000)) with respect to applications for apportionments and apportionments filed or made prior to September 15, 1961, and to the repayment thereof, Chapter 4 (commencing with Section 15700), inclusive, only, a unified school district shall be considered to have a bonding capacity in the amount permitted by law for an elementary school district and a bonding capacity in the amount permitted by law for a high school district. (b) For purposes of this section, the taxable property of a district for a fiscal year shall be calculated to include, but not be limited to, the assessed value of all unitary and operating nonunitary property of the district, which shall be derived by dividing the gross assessed value of the unitary and operating nonunitary property within the district for the 1987–88 fiscal year by the gross assessed value of all unitary and operating nonunitary property within the county in which the district is located for the 1987–88 fiscal year, and multiplying the result by the gross assessed value of all unitary and operating nonunitary property of the county on the last equalized assessment roll. In the event of the unification of two or more school districts or community college districts subsequent to the 1987–88 fiscal year, the assessed value of all unitary and operating nonunitary property of the unified district or community college district shall be deemed to be the total of the assessed value of the taxable property of each of the unifying districts as that assessed value would be determined under Section 15102. (Amended by Stats. 2007, Ch. 670, Sec. 3. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15107. Source version: id_97f6e1f4-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. In computing the limitation of indebtedness of a school district, community college district, or school facilities improvement district of any kind or class up to this time or in the future formed or organized, hereinafter in this section referred to as the “bonding district,” the outstanding indebtedness of any previously existing district all or any part of which forms a component part of the bonding district and the outstanding indebtedness of any district for which any territory that has become a part of the bonding district is liable shall be excluded and shall not be deemed, for the purposes of computing the limitation of indebtedness under Section 15102 or 15106, to constitute outstanding indebtedness of the bonding district, except to the extent that the outstanding indebtedness has been expressly assumed by the bonding district by vote of not less than two-thirds of the electors of the bonding district voting at an election at which the proposition of assuming the indebtedness is voted upon. Nothing contained in this section shall operate to release any property from liability for taxes to pay the principal and interest of indebtedness incurred by any component district or for which any territory that has become a part of the bonding district is liable and in which the taxable property is located at the time of the incurring of the indebtedness. It is the intent of the Legislature to provide in this section a special method of computing the limitation of indebtedness of school districts or community college districts irrespective of liability of the area embraced within the school districts for the payment of any bonded indebtedness. This section does not authorize the issuance of bonds in excess of the limits expressed in Section 15334.5. (Amended by Stats. 2007, Ch. 670, Sec. 4. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15108. Source version: id_9848f996-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. For the purpose of determining the limitation of indebtedness of a school district, community college district, or school facilities improvement district of any kind or class under Section 15102 or 15106, that portion of the bonded indebtedness of the district for which another district or territory in another district is liable shall be excluded and shall not be deemed to constitute outstanding bonded indebtedness of the district. (Amended by Stats. 2007, Ch. 670, Sec. 5. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15109. Source version: id_cdd312e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. Where an elementary school district and a high school district with a combined average daily attendance of 300,000 or more are governed by the same governing board, and the pupils in grades seven and eight in the districts are in attendance at high schools maintained by the high school district, the governing board, by resolution filed with the county auditor, may provide that the bond issuance limitations determined under Section 15102 shall be adjusted by reducing the bond issuance limitation of the elementary school district by 1 percent of its total and by augmenting the bond issuance limitation for the high school district by the amount by which that of the elementary district was reduced. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15110. Source version: id_cdd49987-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. An action to determine the validity of bonds and of the ordering of the improvement or acquisition may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. In such action, all findings, conclusions and determinations of the legislative body which conducted the proceedings shall be conclusive in the absence of actual fraud. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 1. Purposes for Authorizing Bonds [15100 - 15111] SECTION 15111. Source version: id_cdd49989-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=1. The governing board of each school district or community college district shall, within 30 days after the end of each fiscal year, submit to the county superintendent of schools who has jurisdiction over the school district or community college district a report containing the following information, concerning any election held pursuant to Sections 4152, 15120, 15121, and 16058 for the approval of the issuance of bonds or the assumption of any bonded indebtedness or other indebtedness: (1) The total amount of the bond issue, bonded indebtedness or other indebtedness involved. (2) The percentage of registered electors of the district who voted at the election. (3) The results of the election, with the percentage of votes cast for and against the proposition involved. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 10. Tax for Payment of Bonds of School District or Community College District Located in Two or More Counties [15260 - 15262] SECTION 15260. Source version: id_cde588ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=10. In case of a district lying in two or more counties, the assessor of each of the counties in which the district lies, shall annually as soon as the county assessments have been equalized by the State Board of Equalization, certify to the board of supervisors of each of the counties in which any portion of the district is situated, the assessed value of all taxable property in the county situated in the school district or community college district. The tax shall be levied according to the ratio which the assessed value of the property in the district in any county bears to the total assessed value of the property in the district. Each board of supervisors shall levy upon the property of the district and within its own county the rate of tax that will be sufficient to raise not less than the amount needed to pay the interest and any portion of the principal of the bonds that is to become due during the year. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 10. Tax for Payment of Bonds of School District or Community College District Located in Two or More Counties [15260 - 15262] SECTION 15261. Source version: id_cde588ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=10. The tax shall be entered upon the assessment roll and collected in the same manner as other school taxes. The tax when collected shall be paid into the county treasury of the county. The treasurer of any county, other than the one whose superintendent of schools has jurisdiction over the school, shall, upon order of the county auditor, pay the sum collected on account of the tax into the treasury of the county whose superintendent of schools has jurisdiction over the school. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 10. Tax for Payment of Bonds of School District or Community College District Located in Two or More Counties [15260 - 15262] SECTION 15262. Source version: id_cde588ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=10. This article shall apply only to bonds of a school district which were approved by the electors prior to July 1, 1978, and to bonded indebtedness for the acquisition or improvement of real property approved by two-thirds of the voters on or after June 4, 1986. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 2. General Provisions for Bond Elections [15120 - 15126] SECTION 15120. Source version: id_2b0823ce-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=2. (a) An election held for purposes of this chapter shall be conducted as provided in Chapter 3 (commencing with Section 5300) of Part 4, except as otherwise provided in Sections 15100 to 15126, inclusive. (b) If an election is held for purposes of this chapter in a school district, no other election may be held for purposes of this chapter in that district for a period of 90 days after that election. (Amended by Stats. 2006, Ch. 289, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 2. General Provisions for Bond Elections [15120 - 15126] SECTION 15121. Source version: id_cdd4998f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=2. Any election called pursuant to Sections 15100 to 15141, inclusive, and Sections 15142 to 15261, inclusive, may be consolidated with any other election pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 2. General Provisions for Bond Elections [15120 - 15126] SECTION 15122. Source version: id_6a417b3e-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=2. (a) A brief statement of the proposition, setting forth the amount of the bonds to be voted upon, the maximum rate of interest, and the purposes for which the proceeds of the sale of the bonds are to be used, shall be printed upon the ballot. To the right of or below the statement of the proposition to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the proposition. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (b) A defect in the statement, other than in the statement of the amount of the bonds to be authorized, shall not invalidate the bonds election. (Amended by Stats. 2025, Ch. 303, Sec. 3. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 2. General Provisions for Bond Elections [15120 - 15126] SECTION 15122.5. Source version: id_cdd64743-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=2. (a) Whenever an election is called on the question of whether bonds of a school district shall be issued and sold for the purposes specified in Section 15100 and the project to be funded by the bonds will require state matching funds for any phase of the project, the sample ballot shall contain a statement, as provided in subdivision (b), advising the voters that the project is subject to the approval of state matching funds and, therefore, passage of the bond measure is not a guarantee that the project will be completed. (b) The words to appear in the sample ballot in satisfaction of the requirements of subdivision (a) are as follows: “Approval of Measure ____ does not guarantee that the proposed project or projects in the ____ School District that are the subject of bonds under Measure ____ will be funded beyond the local revenues generated by Measure ____. The school district’s proposal for the project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.” (c) This section does not apply to any election to incur bonded indebtedness pursuant to the Mello-Roos Community Facilities Act of 1982 contained in Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the Government Code. (Repealed and added by Stats. 1997, Ch. 893, Sec. 4. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 2. General Provisions for Bond Elections [15120 - 15126] SECTION 15123. Source version: id_cdd64745-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=2. The form and details of all ballots at school district or community college bond elections shall comply with ballot provisions of this code applicable to governing board member elections with additional requirements as provided for in this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 2. General Provisions for Bond Elections [15120 - 15126] SECTION 15124. Source version: id_cdd64747-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=2. If it appears from the certificate of election results that two-thirds of the votes cast on the proposition of issuing bonds of the district are in favor of issuing the bonds; or, a majority of the votes cast, if the election is held to repair, reconstruct or replace school buildings in compliance with Section 17367 or 81162 or any other provision of law, the governing board of the school district or community college shall cause an entry of that fact to be made upon its minutes. The governing board shall then certify to the board of supervisors of the county whose superintendent of schools has jurisdiction over the district, all proceedings had in the premises. The county superintendent of schools shall send a copy of the certificate of election results to the board of supervisors of the county. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 2. General Provisions for Bond Elections [15120 - 15126] SECTION 15125. Source version: id_cdd64749-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=2. The proceedings relating to the authorization of bonds of a joint school district of any type need be certified only to the board of supervisors of the county whose superintendent of schools has jurisdiction over the district. The board of supervisors may issue and sell the bonds and no action of the board of supervisors of any other county in which the district is situated shall be required in connection with the issuance and sale, and the bonds need not be signed by any officer of any the other county. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 2. General Provisions for Bond Elections [15120 - 15126] SECTION 15126. Source version: id_cdd6474b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=2. No error, irregularity, or omission which does not affect the substantial rights of the taxpayers within the district or the electors voting at any election at which bonds of any district are authorized to be issued shall invalidate the election or any bonds authorized. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15140. Source version: id_cdd7cdef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. (a) Bonds of a school district or community college district shall be offered for sale by the board of supervisors of the county, the county superintendent of which has jurisdiction over the district, or the community college district governing board, where appropriate, as soon as possible following receipt of a resolution duly adopted by the governing board of the school district or community college district. The resolution shall prescribe the total amount of bonds to be sold. The resolution may also prescribe the maximum acceptable interest rate, not to exceed 8 percent, and the time or times when the whole or any part of the principal of the bonds shall be payable, which shall not be more than 25 years from the date of the bonds. (b) Notwithstanding subdivision (a) or another provision of this chapter, the board of supervisors of any county may provide by resolution that the governing board of any school district or community college district over which the county superintendent of schools has jurisdiction, and which has not received a qualified or negative certification in its most recent interim report, may issue and sell bonds on its own behalf pursuant to this chapter without further action of the board of supervisors or officers of that county or of any other county in which a portion of the school district or community college district is located. The county shall levy and collect taxes, pay bonds, and hold bond proceeds and tax funds pursuant to this chapter for the bonds issued and sold pursuant to this subdivision. (c) Whenever the governing board of a school district or community college district issues bonds or refunding bonds payable from ad valorem taxes the governing board shall transmit the authorizing resolution and debt service schedule, including the debt service schedule for the bonds to be refunded, to the county auditor and county treasurer in sufficient time to permit the county to establish tax rates and necessary funds or accounts for the bonds. (Amended by Stats. 1999, Ch. 667, Sec. 6. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15140.5. Source version: id_483b1296-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. For purposes of this article, “bonds” means bonds, notes, warrants, or other evidence of indebtedness payable, both principal and interest, from the proceeds of ad valorem property taxes that may be levied without limitation as to rate or amount upon property subject to taxation by the governing board of the school district or community college district. (Added by Stats. 2013, Ch. 477, Sec. 1. (AB 182) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15141. Source version: id_cdd7cdf1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. When authorized by the governing board of a school district or a community college district, bonds of a school district or a community college district may be offered for sale as a group by the board of supervisors of the county, the county superintendent of schools, or the governing board of a community college district, which has jurisdiction over the district, at a time determined by the board of supervisors following receipt of a resolution duly adopted by the governing board of the school district or community college district. The resolution shall prescribe the total amount of bonds to be sold. The resolution may also prescribe the maximum acceptable interest rate, not to exceed 8 percent, and the time or times when the whole or any part of the principal of the bonds shall be payable, which shall not be more than 25 years from the date of the bonds. Bidders shall be required to bid a lump-sum bid on all bonds as a group. If bids satisfactory to the governing board of each school district included in the group are received, the bonds offered for sale shall be awarded to the bidder whose bid will result in the lowest net interest cost for the group or for the bonds of any district included within the group. Bonds shall be issued and sold in the name of each school district or a community college district in the same manner as provided in this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15142. Source version: id_cdd7cdf3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. The bonds shall be issued in the denomination or denominations as the board of supervisors or governing board of the community college district may prescribe. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15143. Source version: id_cdd7cdf5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. The bonds shall not bear a rate of interest greater than 8 percent per annum, payable annually or semiannually. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15144. Source version: id_cdd7cdf7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. The number of years the whole or any part of the bonds are to run shall not exceed 25 years, from the date of the bonds or the date of any series thereof. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15144.1. Source version: id_4b2a9168-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. The ratio of total debt service to principal for each bond series shall not exceed four to one. (Added by Stats. 2013, Ch. 477, Sec. 2. (AB 182) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15144.2. Source version: id_4d4b006a-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. A bond that allows for the compounding of interest, including, but not limited to, a capital appreciation bond, maturing more than 10 years after its date of issuance shall be subject to redemption before its fixed maturity date, with or without a premium, at any time, or from time to time, at the option of the issuer, beginning no later than the 10th anniversary of the date the bond that allows for the compounding of interest was issued. (Added by Stats. 2013, Ch. 477, Sec. 3. (AB 182) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15144.3. Source version: id_4f4faa0c-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. A school district or community college district with a note issued before December 31, 2013, pursuant to Section 15150 may seek from the state board or the Chancellor of the California Community Colleges, as applicable, a one-time waiver from one or more of the requirements of Sections 2, 3, 5, and 6 of Assembly Bill 182 of the 2013–14 Regular Session, if both of the following are satisfied: (a) The proceeds of the issuance subject to the waiver will be used only for the purpose of paying the note. (b) The school district or community college district has provided to the state board or the Chancellor of the California Community Colleges, as applicable, an analysis from a financial adviser unaffiliated with the school district, the community college district, or the underwriter used by the school district or community college district, showing the total overall costs of the proposed bond, how the issuance is the most cost-effective method, and the reasons why the school district or community college district is unable to meet those requirements of Sections 2, 3, 5, and 6 of Assembly Bill 182 of the 2013–14 Regular Session that are the subject of the waiver. (Added by Stats. 2013, Ch. 477, Sec. 4. (AB 182) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15145. Source version: id_cdd7cdf9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. (a) The board of supervisors by an order entered upon its minutes shall prescribe the form of the bonds. The bonds shall be signed by the chairperson of the board of supervisors, or by any other member thereof as the board of supervisors shall, by resolution adopted by a four-fifths vote of all its members, authorize and designate for that purpose, and also signed by the treasurer of the county, and shall be countersigned by the clerk of the board of supervisors or by a deputy of either of the officers. Unless the board of supervisors otherwise provides, all the signatures and countersignatures may be printed, lithographed, engraved, or otherwise mechanically reproduced except that one of the signatures or countersignatures to the bonds shall be manually affixed. Any signature may be affixed in accordance with the provisions of the Uniform Facsimile Signatures of Public Officials Act, Chapter 6 (commencing with Section 5500) of Title 1 of the Government Code. All expense incurred for the preparation, sale, and delivery of the school bonds, including but not limited to, fees of an independent financial consultant, the publication of the official notice of sale of the bonds, the preparation, printing and distribution of the official statement, the obtaining of a rating, the purchase of insurance insuring the prompt payment of interest and principal, the preparation of the certified copy of the transcript for the successful bidder, the printing of the bonds, and legal fees of independent bond counsel retained by the school district or community college district issuing the bonds are legal charges against the funds of the district issuing the bonds and may be paid from the proceeds of sale of the bonds. (b) Notwithstanding subdivision (a), the board of supervisors may, in its discretion, determine that all of the required signatures and countersignatures shall be by facsimiles, provided, however, that the bonds shall not be valid or become obligatory for any purpose until manually signed by an authenticating agent duly appointed by the board or its authorized designee. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15146. Source version: id_2cd79bc6-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. (a) The bonds shall be issued and sold pursuant to Section 15140, payable out of the interest and sinking fund of the school district or community college district. The governing board of the school district or community college district may sell the bonds at a negotiated sale or by competitive bidding. (b) (1) Before the sale, the governing board of the school district or community college district shall adopt a resolution, as an agenda item at a public meeting, that includes all of the following: (A) Express approval of the method of sale. (B) Statement of the reasons for the method of sale selected. (C) Disclosure of the identity of the bond counsel, and the identities of the bond underwriter and the financial adviser if either or both are used for the sale, unless these individuals have not been selected at the time the resolution is adopted, in which case the governing board of the school district or community college district shall disclose their identities at the public meeting occurring after they have been selected. (D) Estimates of the costs associated with the bond issuance. (E) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, disclosure of the financing term and time of maturity, repayment ratio, and the estimated change in the assessed value of taxable property within the school district or community college district over the term of the bonds. (2) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, the resolution shall be publicly noticed on at least two consecutive meeting agendas, first as an information item and second as an action item. (c) If the sale includes bonds that allow for the compounding of interest, including, but not limited to, capital appreciation bonds, the agenda item shall identify that bonds that allow for the compounding of interest are proposed and the governing board of the school district or community college district shall be presented with all of the following: (1) An analysis containing the total overall cost of the bonds that allow for the compounding of interest. (2) A comparison to the overall cost of current interest bonds. (3) The reason bonds that allow for the compounding of interest are being recommended. (4) A copy of the disclosure made by the underwriter in compliance with Rule G-17 adopted by the federal Municipal Securities Rulemaking Board. (d) After the sale, the governing board of the school district or community college district shall do both of the following: (1) Present the actual cost information for the sale at its next scheduled public meeting. (2) Submit an itemized summary of the costs of the bond sale to the California Debt and Investment Advisory Commission. (e) The governing board of the school district or community college district shall ensure that all necessary information and reports regarding the sale or planned sale of bonds by the school district or community college district it governs are submitted to the California Debt and Investment Advisory Commission in compliance with Section 8855 of the Government Code. (f) The bonds may be sold at a discount not to exceed 5 percent and at an interest rate not to exceed the maximum rate permitted by law. If the sale is by competitive bid, the governing board of the school district or community college district shall comply with Sections 15147 and 15148. The bonds shall be sold by the governing board of the school district or community college district no later than the date designated by the governing board of the school district or community college district as the final date for the sale of the bonds. (g) The proceeds of the sale of the bonds, exclusive of any premium received, shall be deposited in the county treasury to the credit of the building fund of the school district, or community college district as designated by the California Community Colleges Budget and Accounting Manual. The proceeds deposited shall be drawn out as other school moneys are drawn out. The bond proceeds withdrawn shall not be applied to any purposes other than those for which the bonds were issued. At no time shall the proceeds be withdrawn by the school district or community college district for investment outside the county treasury. Any premium or accrued interest received from the sale of the bonds shall be deposited in the interest and sinking fund of the school district or community college district. (h) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in an amount not exceeding 2 percent of the principal amount of the bonds in a costs of issuance account, which may be created in the county treasury or held by a fiscal agent appointed by the school district or community college district for this purpose, separate from the building fund and the interest and sinking fund of the school district or community college district. The proceeds deposited shall be drawn out on the order of the governing board of the school district or community college district or an officer of the school district or community college district duly authorized by the governing board of the school district or community college district to make the order, only to pay authorized costs of issuance of the bonds. Upon the order of the governing board of the school district or community college district or duly authorized officer of the school district or community college district, the remaining balance shall be transferred to the county treasury to the credit of the building fund of the school district or community college district. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district. (i) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the school district or community college district in the amount of the annual reserve permitted by Section 15250 or in any lesser amount, as the governing board of the school district or community college district shall determine from time to time. The deposit of bond proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district. (j) The governing board of the school district or community college district may cause to be deposited proceeds of sale of any series of the bonds in the interest and sinking fund of the school district or community college district in the amount not exceeding the interest scheduled to become due on that series of bonds for a period of two years from the date of issuance of that series of bonds. The deposit of bonds proceeds pursuant to this subdivision shall be a proper charge against the building fund of the school district or community college district. (Amended by Stats. 2016, Ch. 472, Sec. 1. (AB 2738) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15147. Source version: id_cdd9549d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. Before selling the bonds, or any part of them, the board of supervisors or community college district, as appropriate, shall give notice as required by Section 53692 of the Government Code. (Amended by Stats. 2004, Ch. 7, Sec. 1.5. Effective January 22, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15148. Source version: id_cdd9549f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder or bidders, and the clerk of the board of supervisors shall prepare and certify to all of the proceedings on file in his or her office relative to the issuance and sale of the bonds, which transcript of proceedings shall be delivered to the successful bidder or bidders without charge. If no bids are received, or if the board determines that the bids received exceed either the maximum acceptable interest rate prescribed by the governing board or the maximum rate prescribed by Section 15143, or that they are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and without further authorization from the governing board, either readvertise or sell the bonds at private sale. For the purpose of determining whether or not a bid exceeds the maximum acceptable interest rate, the interest rate of that bid shall be deemed to be the interest rate resulting from the total net interest cost arrived at by computing the total amount of interest which the district would be required to pay from the date of the bonds to the respective maturity dates thereof at the rate or rates specified in the bid and by deducting therefrom any premium bid. (Amended by Stats. 2002, Ch. 221, Sec. 10. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15149. Source version: id_cddadb41-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. The issuing school district or community college district by action of its governing board may prepare, or have prepared, bond brochures to serve as a prospectus for bond buyers to assist in the satisfactory sale of the bonds, the expense of the brochures to be payable out of the funds of the district. The brochures may be prepared only after the issuance of the bonds to be sold has been approved by the electors of the district pursuant to Sections 15120 to 15126, inclusive. The issuing school district or community college district by action of its governing board may expend district funds for the purposes of advertising the availability of the bonds for purchase in any publication or newspaper which in the opinion of the governing board will give notice to prospective bond buyers that the bonds are available for purchase by bond buyers. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 3. Issuance and Sale of Bonds [15140 - 15150] SECTION 15150. Source version: id_1fbff84c-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=3. (a) When the governing board of a school district or a community college district deems it in the best interests of the district, it may by resolution, upon terms and conditions that it shall prescribe, issue notes, on a negotiated or competitive-bid basis, maturing within a period not to exceed five years, in anticipation of the sale of bonds authorized pursuant to Section 15100 or Section 15340 at the time the notes are issued. The proceeds from the sale of the notes shall be used only for authorized purposes of the bonds or to repay outstanding notes authorized by this section. (b) All notes issued and any renewal of notes shall be payable at a fixed time not more than five years from the date of the original issuance of the note. If the sale of the bonds does not occur before the maturity of the notes issued in anticipation of the sale, the fiscal officer of the school district or community college district, in order to meet the notes then maturing, shall issue renewal notes for this purpose. The renewal of a note may not be issued after the sale of bonds in anticipation of which the original note was issued and the maturity date of the renewed note shall not be later than five years from the date of the original issuance of the note. (c) Every note and any renewal of a note shall be payable from the proceeds of the sale of bonds or of any renewal of notes or from other funds of the school district or community college district lawfully available for the purpose of repaying the notes, including state grants. The total amount of the notes or renewals of notes issued and outstanding may not at any time exceed the total amount of the unsold bonds. (d) (1) Interest on the notes may be payable from proceeds of the sale of bonds in anticipation of which the notes are issued, including any premium received on the sale of those bonds. (2) Interest on the notes may be paid from a property tax levied for that purpose under the following conditions: (A) A resolution of the governing board of the school district or community college district authorizes the levying of the tax. The tax for payment of the interest on the notes is a tax authorized by law for payment of the bonds in anticipation of which the notes are issued. (B) The principal amount of the notes does not exceed the remaining principal amount of authorized but unissued bonds. (3) The notes may be issued only if the tax rate levied to pay interest on the notes would not cause the school district or community college district to exceed any of the limitations set forth in Section 15268 or 15270, as applicable. (e) The original issuance of notes and any renewal of notes may be in the form of commercial paper notes. Each issuance of commercial paper notes to repay outstanding notes shall be deemed to be a renewal of notes subject only to the requirements of this section. (Amended by Stats. 2012, Ch. 715, Sec. 1. (AB 794) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 4. Required Form of Bonds [15180 - 15182] SECTION 15180. Source version: id_cddadb47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=4. Whenever under Sections 15100 and 15102, and Sections 15107 to 15140, inclusive, and Sections 15142 to 15261, inclusive, any bonds are issued, the bonds may be issued either in the form of coupon bonds, or in the form of registered bonds, or some in the form of coupon bonds and some in the form of registered bonds, as may be provided in the proceedings for the issuance of the bonds, and notwithstanding any language or provision to the contrary contained in any statute authorizing the issuance of the bonds, or in any other law. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 4. Required Form of Bonds [15180 - 15182] SECTION 15181. Source version: id_cddadb49-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=4. If any officer whose signature, countersignature, or attestation appears on any school bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser, the signature, countersignature, or attestation either on the bonds or the coupons, or on both, is nevertheless valid and sufficient for all purposes the same as if the officer had remained in office until the delivery of the bonds, and the signature upon the coupons of the person who is auditor at the date of the bonds, is valid although the bonds themselves may be attested by a different person who is auditor at the time of delivery of the bonds. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 4. Required Form of Bonds [15180 - 15182] SECTION 15182. Source version: id_cddadb4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=4. Any bonds executed in the manner provided by the board of supervisors shall be valid, notwithstanding any change in the officers who signed the bonds or the coupons, or in the seal of the board of supervisors, occurring after the execution. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 5. Registration of Bonds [15190 - 15194] SECTION 15190. Source version: id_cddc61ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=5. Whenever the owner of any coupon bond or of any bond payable to bearer presents the bond to the treasurer or other officer of the county in which the district is located, who by law performs the duties of treasurer, with a request for the conversion of the bond into a registered bond, the treasurer or other officer shall cut off and cancel the coupons of the coupon bond, and shall stamp, print, or write upon the coupon bond or other bond payable to the bearer, either upon its back or upon its face, as may be convenient, a statement to the effect that the bond is registered in the name of the owner and that thereafter the interest and principal of the bond are payable to the registered owner. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 5. Registration of Bonds [15190 - 15194] SECTION 15191. Source version: id_cddc61f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=5. After registration any bond may be transferred by the registered owner in person, or by attorney duly authorized, on presentation of the bond to the treasurer or other officer performing the duties of treasurer. The bond may be again registered as before, a similar statement being stamped, printed, or written thereon. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 5. Registration of Bonds [15190 - 15194] SECTION 15192. Source version: id_cddc61f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=5. The statement stamped, printed, or written upon the bond may be substantially in the following form: (Date, giving month, day, and year.) This bond is registered pursuant to the statute in such cases made and provided in the name of (insert name of owner) and the interest and principal thereof are hereafter payable to the owner. Treasurer (or other officer) (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 5. Registration of Bonds [15190 - 15194] SECTION 15193. Source version: id_cddde796-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=5. After any bond has been registered as provided in this article, the principal and interest of the bond shall be payable to the registered owner. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 5. Registration of Bonds [15190 - 15194] SECTION 15194. Source version: id_cddde798-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=5. The treasurer or other officer shall keep in his or her office a book or books which shall at all times show what bonds are registered and in whose name respectively. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 6. Cancellation of Unsold Bonds [15200 - 15205] SECTION 15200. Source version: id_cddde79c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=6. If any bonds authorized under the provisions of Sections 15100 and 15102, and Sections 15107 to 15140, inclusive, and Sections 15142 to 15261, inclusive, have not been offered for sale for one year from the date of the election at which they were authorized or remain unsold for a period of six months after having been offered for sale in the manner prescribed by the board of supervisors, the governing board of the district, for which the bonds were authorized, may petition the board of supervisors that has jurisdiction of the issuance and sale of the bonds to cause the unsold bonds to be canceled. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 6. Cancellation of Unsold Bonds [15200 - 15205] SECTION 15201. Source version: id_cddf6e3e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=6. Upon receiving the petition, signed by a majority of the members of the governing board, the board of supervisors shall fix a time for hearing it, which shall not be more than 30 days after receipt of the petition, and shall cause a notice stating the time and place of the hearing, and the object of the petition in general terms, to be published for 10 days prior to the hearing, in a newspaper published in the school district or community college district, if there is one, and if there is no newspaper published in the school district, in a newspaper published at the county seat of the county. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 6. Cancellation of Unsold Bonds [15200 - 15205] SECTION 15202. Source version: id_cddf6e40-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=6. At the time and place designated in the notice, or at any subsequent time to which the hearing may be postponed, the board of supervisors shall hear any reasons that may be submitted for or against the granting of the petition. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 6. Cancellation of Unsold Bonds [15200 - 15205] SECTION 15203. Source version: id_cddf6e42-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=6. If the board of supervisors deem it for the best interests of the school district or community college district named in the petition that the unsold bonds be canceled, it shall make and enter an order in the minutes of its proceedings that the unsold bonds be canceled. Upon the entry of the order the bonds and the vote by which they were authorized to be issued shall cease to be of any validity. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 6. Cancellation of Unsold Bonds [15200 - 15205] SECTION 15204. Source version: id_cddf6e44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=6. The governing board of any school district or community college district may petition the board of supervisors to cancel the remaining authorization of that district to issue and sell bonds resulting from any particular school bond election after the sale of at least 90 percent of the bonds authorized at the election if the amount of the remaining authorization is not more than twenty-five thousand dollars ($25,000) and in the opinion of the governing board the sale of the remaining bonds would not be economically justified. Sections 15201 and 15202 shall be applicable and at or following, the hearing provided in Section 15201 and 15202, the board of supervisors, if it determines that the public interest will be served thereby, may make and enter an order in the minutes of its proceedings that the remaining authorization be canceled. Upon the entry of the order the vote by which the remaining authorization was created shall cease to be of any validity with respect to the remaining authorization. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 6. Cancellation of Unsold Bonds [15200 - 15205] SECTION 15205. Source version: id_cddf6e46-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=6. For any bonds authorized at a school district election on November 5, 1991, and thereafter cancelled pursuant to this article without having been issued, the board of supervisors may order the cancellation annulled upon a finding that the issuance of the bonds is in the best interest of the district. Upon such order the district shall have the authority to issue the bonds pursuant to all of the terms and limitations of the original authorization, including the purposes for which such bonds may be issued, the maximum interest rate, and the maximum term to maturity, provided that the aggregate amount of bonds issued pursuant to such authorization does not exceed the amount originally authorized by the voters. (Added by Stats. 1999, Ch. 667, Sec. 9. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 7. Purchase of Bonds by Issuing School Districts and Community College Districts [15220 - 15221] SECTION 15220. Source version: id_cde0f4ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=7. The governing board of a school district or community college district may purchase in the open market bonds issued by the district. The cost of bonds purchased may be paid out of any funds of the district not required by law to be set aside for teachers’ salaries. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 7. Purchase of Bonds by Issuing School Districts and Community College Districts [15220 - 15221] SECTION 15221. Source version: id_cde0f4ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=7. When any bonds issued by a district have been purchased by the governing board of the district, the bonds shall be deemed canceled and of no further validity. The governing board of the district shall immediately, after purchasing the bonds, notify the board of supervisors of its action, describing the bonds purchased. At its first meeting thereafter the board of supervisors shall note the purchase and cancellation of the bonds in the minutes of its proceedings. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 8. Method of Bond Payment [15230 - 15235] SECTION 15230. Source version: id_cde0f4f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=8. The board of supervisors by an order entered upon its minutes shall fix the time when the whole or any part of the principal of the bonds shall be payable, which shall not be more than 25 years from the date of the bonds. If the governing board of the district has prescribed in its resolution the time or times when the whole or any part of the bonds shall be payable, the times and amounts shall be fixed by the order of the board of supervisors. Any bonds authorized at an election held after September 15, 1945, may be issued subject to call and redemption before maturity at the option of the governing board of the district. The governing board may include in its resolution a requirement that all or any part of such bonds shall be issued subject to call and redemption before maturity and the price or prices at which the bonds shall be redeemed. The board of supervisors, in its order fixing the form of the bonds and the maturities thereof, shall provide that the bonds be redeemable at the option of the governing board and at the price or prices fixed in the resolution. Bonds issued subject to call and redemption prior to maturity shall contain a recital to that effect, and no bond shall be subject to call or redemption prior to maturity unless it contains that recital. The board of supervisors in its order shall fix the method of giving notice of redemption to holders of bonds to be redeemed. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 8. Method of Bond Payment [15230 - 15235] SECTION 15231. Source version: id_cde0f4f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=8. The board of supervisors at the direction of governing board of the district may divide the principal amount of bonds authorized at any election into two or more series and may fix different dates for the bonds of each series, in which event the maximum maturity date of the bonds shall be calculated from the date of each series respectively. When the issuance of bonds shall have been authorized pursuant to two or more propositions submitted at the same or different elections, all or any part of the bonds not theretofore issued may be combined and issued and sold as one or more series. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 8. Method of Bond Payment [15230 - 15235] SECTION 15232. Source version: id_cde0f4f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=8. The board of supervisors may make the principal and interest of the bonds payable at the office of the treasurer of the county, or at any other place within the United States, including any office of a trustee or paying agent, which the board may designate, or at the office of the county treasurer, or at any other designated place at the option of the bondholder. The place of payment shall be specified in the bonds. The expense of paying the bonds elsewhere than at the office of the treasurer shall be a proper charge against the district to be paid out of the tax levied and collected for the payment of the bonds. (Amended by Stats. 2001, Ch. 176, Sec. 3. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 8. Method of Bond Payment [15230 - 15235] SECTION 15233. Source version: id_cde27b96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=8. (a) The principal and interest on the bonds shall be paid by the county treasurer of the county, the superintendent of schools of which has jurisdiction of the district in behalf of which the bonds were issued, at the place required by the terms of the bonds, upon presentation and surrender of warrants drawn by the county auditor in payment thereof, after he or she has canceled the bonds and coupons, or upon the receipt of the registered owner, if the bonds are registered, after a proper warrant has been drawn by the auditor, out of the fund provided for their payment. (b) Notwithstanding subdivision (a), if the board of supervisors has designated the office of a trustee or paying agent as the place for payment of the principal and interest of the bonds, then upon receipt of moneys representing the principal and interest on those bonds, the trustee or paying agent shall be responsible for the actual payment to the bondholders and cancellation of any bonds or coupons. (Amended by Stats. 2001, Ch. 176, Sec. 4. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 8. Method of Bond Payment [15230 - 15235] SECTION 15234. Source version: id_cde27b98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=8. Any money remaining in the interest and sinking fund of any district after the payment of all bonds and coupons payable from the fund, or any money in excess of an amount sufficient to pay all unpaid bonds and coupons payable from the fund, shall be transferred to the general fund of the district upon the order of the auditor. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 8. Method of Bond Payment [15230 - 15235] SECTION 15235. Source version: id_9566368a-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=8. Any money paid into the county treasury of the county and credited to the interest and sinking fund of any district remaining after the payment of all bonds and coupons payable from the fund, or which is in excess of an amount sufficient to pay all unpaid bonds and coupons payable from the fund, shall be transferred to the special reserve fund of the school district, or designated building fund of the community college district upon the order of the auditor, and may be used only for the purpose specified in Section 42840 or in accordance with the California Community Colleges Budget and Accounting Manual and for no other purpose. (Amended by Stats. 2010, Ch. 89, Sec. 5. (AB 2081) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 9. Tax for Payment of Bonds [15250 - 15254] SECTION 15250. Source version: id_cde27b9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=9. The board of supervisors of the county, the superintendent of schools of which has jurisdiction over any district, shall annually at the time of making the levy of taxes for county purposes, levy a tax for that year upon the property in the district for the interest and redemption of all outstanding bonds of the district. The tax shall not be less than sufficient to pay the interest on the bonds as it becomes due and to provide a sinking fund for the payment of the principal on or before maturity and may include an allowance for an annual reserve, established for the purpose of avoiding fluctuating tax levies. The tax shall be sufficient to provide funds for the payment of the interest on the bonds as it becomes due and also any part of the principal and interest that is to become due before the proceeds of a tax levied at the time for making the next general tax levy may be made available for the payment of the principal and interest. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 9. Tax for Payment of Bonds [15250 - 15254] SECTION 15251. Source version: id_ba285c49-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=9. (a) When collected, all taxes levied shall be paid into the county treasury of the county whose superintendent of schools has jurisdiction over the school district on behalf of which the tax was levied, to the credit of the interest and sinking fund of the school district, or community college district as designated by the California Community Colleges Budget and Accounting Manual, and shall be used for the payment of the principal and interest of the bonds and for no other purpose. (b) Bonds issued and sold pursuant to this chapter shall be secured by a statutory lien on all revenues received pursuant to the levy and collection of the tax. The lien shall automatically attach without further action or authorization by the governing board of the school district or community college district. The lien shall be valid and binding from the time the bonds are executed and delivered. The revenues received pursuant to the levy and collection of the tax shall be immediately subject to the lien, and the lien shall automatically attach to the revenues and be effective, binding, and enforceable against the school district or community college district, its successors, transferees, and creditors, and all others asserting rights therein, irrespective of whether those parties have notice of the lien and without the need for any physical delivery, recordation, filing, or further act. (Amended by Stats. 2015, Ch. 78, Sec. 1. (SB 222) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 9. Tax for Payment of Bonds [15250 - 15254] SECTION 15252. Source version: id_cde40242-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=9. The board of supervisors of the county, the superintendent of schools which has jurisdiction over any school district, shall annually at the time of making the levy of taxes for county purposes estimate the amount of money required to meet the payment of the principal and interest on bonds of the district authorized by the electors of the district and not sold, and which the governing board of the district informs the board in their belief will be sold before the next tax levy, and the board of supervisors shall levy a tax sufficient to pay the principal and interest so estimated. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 9. Tax for Payment of Bonds [15250 - 15254] SECTION 15253. Source version: id_cde40244-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=9. If the bonds are declared invalid or are not issued for any reason, the tax levied and collected shall, if the school district or community college district has other bonds outstanding, be retained in the interest and sinking fund of the district to meet the interest and principal falling due on the bonds. If the district has no bonds outstanding the proceeds of the tax levy shall be transferred to the general fund of the district on the order of the auditor. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1. Bonds of School Districts and Community College Districts [15100 - 15262] ARTICLE 9. Tax for Payment of Bonds [15250 - 15254] SECTION 15254. Source version: id_cde40246-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.&article=9. This article shall apply only to bonds of a school district or community college district which were approved by the electors prior to July 1, 1978, and to bonded indebtedness for the acquisition or improvement of real property approved by two-thirds of the voters on or after June 4, 1986. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15264. Source version: id_cde70f94-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. It is the intent of the Legislature that all of the following are realized: (a) Vigorous efforts are undertaken to ensure that the expenditure of bond measures, including those authorized pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, are in strict conformity with the law. (b) Taxpayers directly participate in the oversight of bond expenditures. (c) The members of the oversight committees appointed pursuant to this chapter promptly alert the public to any waste or improper expenditure of school construction bond money. (d) That unauthorized expenditures of school construction bond revenues are vigorously investigated, prosecuted, and that the courts act swiftly to restrain any improper expenditures. (Added by Stats. 2000, Ch. 44, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15266. Source version: id_994b275c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. (a) As an alternative to authorizing and issuing bonds pursuant to Chapter 1 (commencing with Section 15100) or Chapter 2 (commencing with Section 15300), the governing board of a school district, community college district, or a school facilities improvement district may decide, pursuant to a two-thirds vote and subject to Section 15100 to pursue the authorization and issuance of bonds pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution. An election may only be ordered on the question of whether bonds of a school district, community college district, or a school facilities improvement district shall be issued and sold pursuant to subdivision (b) of Section 18 of Article XVI of the California Constitution at a primary or general election, a regularly scheduled local election at which all of the electors of the school district, community college district, or school facilities improvement district, as appropriate, are entitled to vote, or a statewide special election. (b) Upon adopting a resolution to incur bonded indebtedness pursuant to subdivision (b) of Section 18 of Article XVI of the California Constitution and after the question has been submitted to the voters, if approved at the election, the bonds shall be issued pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and this chapter, and the governing board may not, regardless of the number of votes cast in favor of the bond, subsequently proceed exclusively under Chapter 1 (commencing with Section 15100) or under Chapter 2 (commencing with Section 15300), as appropriate. Where not inconsistent, the provisions of Chapter 1 (commencing with Section 15100) or Chapter 2 (commencing with Section 15300), as appropriate, shall apply to this chapter. (Amended by Stats. 2007, Ch. 670, Sec. 6. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15267. Source version: id_32a1db6c-e40f-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. (a) Two or more small school districts that have had the issuance of bonds authorized by the voters pursuant to this chapter may form a joint powers authority in accordance with the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for the purpose of issuing or selling those bonds for raising money for the purposes authorized. (b) A joint powers authority described in subdivision (a) shall be deemed a school district for purposes of this chapter only and may exercise all authority granted to a school district under this chapter under the conditions imposed by this chapter for the issuance and sale of bonds. (c) Each small school district shall be responsible for its respective voter-approved bonds pursuant to this chapter. A joint powers authority formed pursuant to this section shall serve the purpose of sharing administrative costs associated with the issuance and sale of bonds and shall not otherwise affect the terms of the respective voter-approved bonds. (d) For purposes of this section, “small school district” means a school district with fewer than 2,501 units of average daily attendance. (Added by Stats. 2017, Ch. 451, Sec. 2. (AB 1550) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15268. Source version: id_cde89638-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. The total amount of bonds issued, including bonds issued pursuant to Chapter 1 (commencing with Section 15100), shall not exceed 1.25 percent of the taxable property of the district as shown by the last equalized assessment of the county or counties in which the district is located. The bonds may only be issued if the tax rate levied to meet the requirements of Section 18 of Article XVI of the California Constitution in the case of indebtedness incurred by a school district pursuant to this chapter, at a single election, would not exceed thirty dollars ($30) per year per one hundred thousand dollars ($100,000) of taxable property when assessed valuation is projected by the district to increase in accordance with Article XIII A of the California Constitution. For purposes of this section, the taxable property of a district for any fiscal year shall be calculated to include, but not be limited to, the assessed value of all unitary and operating nonunitary property of the district, which shall be derived by dividing the gross assessed value of the unitary and operating nonunitary property within the district for the 1987–88 fiscal year by the gross assessed value of all unitary and operating nonunitary property within the county in which the district is located for the 1987–88 fiscal year, and multiplying that result by the gross assessed value of all unitary and operating nonunitary property of the county on the last equalized assessment roll. (Amended (as added by Stats. 2000, Ch. 44) by Stats. 2000, Ch. 580, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15270. Source version: id_cde8963a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. (a) Notwithstanding Sections 15102 and 15268, any unified school district may issue bonds pursuant to this article that, in aggregation with bonds issued pursuant to Chapter 1 (commencing with Section 15100), may not exceed 2.5 percent of the taxable property of the district as shown by the last equalized assessment of the county or counties in which the district is located. The bonds may only be issued if the tax rate levied to meet the requirements of Section 18 of Article XVI of the California Constitution in the case of indebtedness incurred pursuant to this chapter at a single election, by a unified school district, would not exceed sixty dollars ($60) per year per one hundred thousand dollars ($100,000) of taxable property when assessed valuation is projected by the district to increase in accordance with Article XIII A of the California Constitution. (b) Notwithstanding Sections 15102 and 15268, any community college district may issue bonds pursuant to this article that, in aggregation with bonds issued pursuant to Chapter 1 (commencing with Section 15100), may not exceed 2.5 percent of the taxable property of the district as shown by the last equalized assessment of the county or counties in which the district is located. The bonds may only be issued if the tax rate levied to meet the requirements of Section 18 of Article XVI of the California Constitution in the case of indebtedness incurred pursuant to this chapter at a single election, by a community college district, would not exceed twenty-five dollars ($25) per year per one hundred thousand dollars ($100,000) of taxable property when assessed valuation is projected by the district to increase in accordance with Article XIII A of the California Constitution. (c) In computing the outstanding bonded indebtedness of any unified school district or community college district for all purposes of this section, any outstanding bonds shall be deemed to have been issued for elementary school purposes, high school purposes, and community college purposes, respectively, in the respective amounts that the proceeds of the sale of those outstanding bonds, excluding any premium and accrued interest received on that sale, were or have been allocated by the governing board of the unified school district or community college district to each of those purposes respectively. (d) For purposes of this section, the taxable property of a district for any fiscal year shall be calculated to include, but not be limited to, the assessed value of all unitary and operating nonunitary property of the district, which shall be derived by dividing the gross assessed value of the unitary and operating nonunitary property within the district for the 1987–88 fiscal year by the gross assessed value of all unitary and operating nonunitary property within the county in which the district is located for the 1987–88 fiscal year, and multiplying the result by the gross assessed value of all unitary and operating nonunitary property of the county on the last equalized assessment roll. In the event of the unification of two or more school districts subsequent to the 1987–88 fiscal year, the assessed value of all unitary and operating nonunitary property of the unified district shall be deemed to be the total of the assessed value of the taxable property of each of the unifying districts as that assessed value would be determined under Section 15268. (e) For the purposes of this article, “general obligation bonds,” as that term is used in Section 18 of Article XVI of the California Constitution, means bonds of a school district or community college district the repayment of which is provided for by this chapter and Chapter 1 (commencing with Section 15100) of Part 10, and includes bonds of a school facilities improvement district the repayment of which is provided for by this chapter and Chapter 2 (commencing with Section 15300). (Amended by Stats. 2001, Ch. 132, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15271. Source version: id_cde8963c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. The governing board of a school district or community college district may proceed pursuant to this chapter on behalf of a school facilities improvement district that is created by and under the exclusive authority of the school district or community college district and act on behalf of the school facilities district as provided pursuant to Chapter 2 (commencing with Section 15300). (Added by Stats. 2001, Ch. 132, Sec. 3. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15272. Source version: id_cde8963e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. In addition to the ballot requirements of Section 15122 and the ballot provisions of this code applicable to governing board member elections, for bond measures pursuant to this chapter, the ballot shall also be printed with a statement that the board will appoint a citizens’ oversight committee and conduct annual independent audits to assure that funds are spent only on school and classroom improvements and for no other purposes. (Added by Stats. 2000, Ch. 44, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15274. Source version: id_cde89640-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. If it appears from the certificate of election results that 55 percent of the votes cast on the proposition of issuing bonds pursuant to subdivision (b) of Section 18 of Article XVI of the California Constitution are in favor of issuing bonds, the governing board shall cause an entry of that fact to be made upon its minutes. The governing board shall then certify to the board of supervisors of the county whose superintendent of schools has jurisdiction over the district, all proceedings had in the premises. The county superintendent of schools shall send a copy of the certificate of election results to the board of supervisors of the county. (Added by Stats. 2000, Ch. 44, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 1. General Provisions [15264 - 15276] SECTION 15276. Source version: id_cde89642-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=1. Notwithstanding any other provision of law, a county board of education may not order an election to determine whether bonds may be issued under this article to raise funds for a county office of education. (Added by Stats. 2000, Ch. 44, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 2. Citizens’ Oversight Committee [15278 - 15282] SECTION 15278. Source version: id_cdea1ce6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=2. (a) If a bond measure authorized pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution is approved, the governing board of the school district or community college shall establish and appoint members to an independent citizens’ oversight committee, pursuant to Section 15282, within 60 days of the date that the governing board enters the election results on its minutes pursuant to Section 15274. (b) The purpose of the citizens’ oversight committee shall be to inform the public concerning the expenditure of bond revenues. The citizens’ oversight committee shall actively review and report on the proper expenditure of taxpayers’ money for school construction. The citizens’ oversight committee shall advise the public as to whether a school district or community college district is in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. The citizens’ oversight committee shall convene to provide oversight for, but not be limited to, both of the following: (1) Ensuring that bond revenues are expended only for the purposes described in paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. (2) Ensuring that, as prohibited by subparagraph (A) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, no funds are used for any teacher or administrative salaries or other school operating expenses. (c) In furtherance of its purpose, the citizens’ oversight committee may engage in any of the following activities: (1) Receiving and reviewing copies of the annual, independent performance audit required by subparagraph (C) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. (2) Receiving and reviewing copies of the annual, independent financial audit required by subparagraph (C) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. (3) Inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. (4) Receiving and reviewing copies of any deferred maintenance proposals or plans developed by a school district or community college district, including any reports required by Section 17584.1. (5) Reviewing efforts by the school district or community college district to maximize bond revenues by implementing cost-saving measures, including, but not limited to, all of the following: (A) Mechanisms designed to reduce the costs of professional fees. (B) Mechanisms designed to reduce the costs of site preparation. (C) Recommendations regarding the joint use of core facilities. (D) Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design. (E) Recommendations regarding the use of cost-effective and efficient reusable facility plans. (Added by Stats. 2000, Ch. 44, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 2. Citizens’ Oversight Committee [15278 - 15282] SECTION 15280. Source version: id_2f6870ce-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=2. (a) (1) The governing board of the district shall, without expending bond funds, provide the citizens’ oversight committee with any necessary technical assistance and shall provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the conclusions of the citizens’ oversight committee. (2) The governing board of the district shall provide the citizens’ oversight committee with responses to any and all findings, recommendations, and concerns addressed in the annual, independent financial and performance audits required by subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution within three months of receiving the audits. (b) All citizens’ oversight committee proceedings shall be open to the public and notice to the public shall be provided in the same manner as the proceedings of the governing board of the district. The citizens’ oversight committee shall issue regular reports on the results of its activities. A report shall be issued at least once a year. Minutes of the proceedings of the citizens’ oversight committee and all documents received and reports issued shall be a matter of public record and be made available on an Internet Web site maintained by the governing board of the district. (Amended by Stats. 2013, Ch. 91, Sec. 1. (SB 581) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 2. Citizens’ Oversight Committee [15278 - 15282] SECTION 15282. Source version: id_3307deb0-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=2. (a) The citizens’ oversight committee shall consist of at least seven members who shall serve for a minimum term of two years without compensation and for no more than three consecutive terms. While consisting of a minimum of at least seven members, the citizens’ oversight committee shall be comprised, as follows: (1) One member shall be active in a business organization representing the business community located within the school district or community college district. (2) One member shall be active in a senior citizens’ organization. (3) One member shall be active in a bona fide taxpayers’ organization. (4) For a school district, one member shall be the parent or guardian of a child enrolled in the school district. For a community college district, one member shall be a student who is both currently enrolled in the community college district and active in a community college group, such as student government. The community college student member may, at the discretion of the governing board of the community college district, serve up to six months after his or her graduation. (5) For a school district, one member shall be both a parent or guardian of a child enrolled in the school district and active in a parent-teacher organization, such as the Parent Teacher Association or schoolsite council. For a community college district, one member shall be active in the support and organization of a community college or the community colleges of the district, such as a member of an advisory council or foundation. (b) An employee or official of the school district or community college district shall not be appointed to the citizens’ oversight committee. A vendor, contractor, or consultant of the school district or community college district shall not be appointed to the citizens’ oversight committee. Members of the citizens’ oversight committee shall, pursuant to Sections 35233 and 72533, abide by the prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code. (Amended by Stats. 2013, Ch. 76, Sec. 27. (AB 383) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 3. Bond Accountability [15284 - 15288] SECTION 15284. Source version: id_cdeba38e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=3. (a) An action to obtain an order restraining and preventing any expenditure of funds received by a school district or community college district through the sale of bonds authorized by this chapter pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution may be maintained against any officer, agent, or other person acting on behalf of, that school district or community college district, by a citizen residing in the school or community college district who is assessed and is liable to pay an ad valorem tax on real property within the school or community college district, or who has paid an ad valorem tax on real property within the school or community college district within one year before the commencement of the action if it appears by the complaint or affidavits that any of the following conditions are present: (1) An expenditure of funds received by a school district or community college district through the sale of bonds authorized by this chapter is for purposes other than those specified in paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. (2) The expenditure is not in compliance with paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution. (3) That an expenditure in violation of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution will be made or will continue to be made during the litigation that would produce waste or great or irreparable injury. (4) The governing board of a school district or community college has willfully failed to appoint the citizens’ oversight committee in violation of the requirements of Section 15278. (b) An action brought pursuant to this section shall take special precedence over all civil matters on the calendar of the court except those matters granted equal precedence by law. (c) The rights, remedies, or penalties established by this section are cumulative to the rights, remedies, or penalties established under other laws, including subdivision (a) of Section 526 of Chapter 3 of Title 7 of Part 2 of the Code of Civil Procedure. (d) If an order is obtained to restrain and prevent an expenditure of funds pursuant to subdivision (a), a court may award attorneys’ fees pursuant to Chapter 6 (commencing with Section 1021.5) of Title 14 of Part 2 of the Code of Civil Procedure. (e) The action authorized by this section shall be known as a “School Bond Waste Prevention Action.” (Added by Stats. 2000, Ch. 44, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 3. Bond Accountability [15284 - 15288] SECTION 15286. Source version: id_34dee8a2-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=3. Consistent with the provisions contained in subparagraphs (C) and (D) of paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, the required annual, independent financial and performance audits for the preceding fiscal year shall be submitted to the citizens’ oversight committee established pursuant to Section 15278 at the same time they are submitted to the school district or community college district, no later than March 31 of each year. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial and performance audits. (Amended by Stats. 2013, Ch. 91, Sec. 2. (SB 581) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 1.5. Strict Accountability in Local School Construction Bonds Act of 2000 [15264 - 15288] ARTICLE 3. Bond Accountability [15284 - 15288] SECTION 15288. Source version: id_cdeba390-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=1.5.&article=3. It is the intent of the Legislature that upon receipt of allegations of waste or misuse of bond funds authorized in this chapter, appropriate law enforcement officials shall expeditiously pursue the investigation and prosecution of any violation of law associated with the expenditure of those funds. (Added by Stats. 2000, Ch. 44, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17000. Source version: id_ce8460e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. This chapter may be cited as the “Leroy F. Greene State School Building Lease-Purchase Law of 1976.” (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17001. Source version: id_ce8460ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. (a) The Legislature hereby declares that it is in the interest of the state and the people thereof for the state to reconstruct, remodel, or replace existing school buildings that are educationally inadequate or that do not meet present-day structural safety requirements, and to acquire new schoolsites and buildings for the purpose of making them available to local school districts for the pupils of the public school system, that system being a matter of general concern inasmuch as the education of the children of the state is an obligation and function of the state. (b) In order to expedite the elimination of the use of nonconforming school buildings that are used or designed to be used for instructional purposes or intended to be entered by pupils, the State Allocation Board may establish criteria that considers special circumstances under which funds may be allocated for the reconstruction of nonconforming buildings. The funds allocated in accordance with this section shall not exceed 75 percent of the cost of facility replacement. (c) It is the intent of the Legislature that all construction projects be designed and constructed to maximize the use of educational technology, as set forth in subdivision (b) of Section 17002. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17002. Source version: id_bb3306fd-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. The following terms wherever used or referred to in this chapter, shall have the following meanings, respectively, unless a different meaning appears from the context: (a) “Apportionment” means a reservation of funds necessary to finance the cost of any project approved by the board for lease to an applicant school district. (b) “Board” means the State Allocation Board. (c) “Cost of project” includes, but is not limited to, the cost of all real estate property rights, and easements acquired, and the cost of developing the site and streets and utilities immediately adjacent thereto, the cost of construction, reconstruction, or modernization of buildings and the furnishing and equipping, including the purchase of educational technology hardware, of those buildings, the supporting wiring and cabling, and the technological modernization of existing buildings to support that hardware, the cost of plans, specifications, surveys, and estimates of costs, and other expenses that are necessary or incidental to the financing of the project. For purposes of this section, “educational technology hardware” includes, but is not limited to, computers, telephones, televisions, and video recording equipment. (d) (1) “Good repair” means the facility is maintained in a manner that assures that it is clean, safe, and functional as determined pursuant to a school facility inspection and evaluation instrument developed by the Office of Public School Construction and approved by the board or a local evaluation instrument that meets the same criteria. Until the school facility inspection and evaluation instrument is approved by the board, “good repair” means the facility is maintained in a manner that assures that it is clean, safe, and functional as determined by the interim evaluation instrument developed by the Office of Public School Construction or a local evaluation instrument that meets the same criteria as the interim evaluation instrument. The school facility inspection and evaluation instrument and local evaluation instruments that meet the minimum criteria of this subdivision shall not require capital enhancements beyond the standards to which the facility was designed and constructed. In order to provide that school facilities are reviewed to be clean, safe, and functional, the school facility inspection and evaluation instrument and local evaluation instruments shall include at least the following criteria: (A) Gas systems and pipes appear and smell safe, functional, and free of leaks. (B) Mechanical systems, including heating, ventilation, and air-conditioning systems, satisfy the following: (i) Are functional and unobstructed. (ii) Appear to supply adequate amount of air to all classrooms, work spaces, and facilities. (iii) Maintain interior temperatures within normally acceptable ranges. (C) Doors and windows are intact, functional, and open, close, and lock as designed, unless there is a valid reason they should not function as designed. (D) Fences and gates are intact, functional, and free of holes and other conditions that could present a safety hazard to pupils, staff, or others. Locks and other security hardware function as designed. (E) Interior surfaces, including walls, floors, and ceilings, are free of safety hazards from tears, holes, missing floor and ceiling tiles, torn carpet, water damage, or other cause. Ceiling tiles are intact. Surfaces display no evidence of mold or mildew. (F) Hazardous and flammable materials are stored properly. No evidence of peeling, chipping, or cracking paint is apparent. No indicators of mold, mildew, or asbestos exposure are evident. There is no apparent evidence of hazardous materials that may pose a threat to the health and safety of pupils or staff. (G) Structures, including posts, beams, supports for portable classrooms and ramps, and other structural building members appear intact, secure, and functional as designed. Ceilings and floors are not sloping or sagging beyond their intended design. There is no visible evidence of severe cracks, dry rot, mold, or damage that undermines structural components. (H) Fire sprinklers, fire extinguishers, emergency alarm systems, and all emergency equipment and systems appear to be functioning properly. Fire alarm pull stations are clearly visible. Fire extinguishers are current and placed in all required areas, including every classroom and assembly area. Emergency exits are clearly marked and unobstructed. (I) Electrical systems, components, and equipment, including switches, junction boxes, panels, wiring, outlets, and light fixtures, are securely enclosed, properly covered and guarded from pupil access, and appear to be working properly. (J) Lighting appears to be adequate and working properly. Lights do not flicker, dim, or malfunction, and there is no unusual hum or noise from light fixtures. Exterior lights onsite appear to be working properly. (K) No visible or odorous indicators of pest or vermin infestation are evident. (L) Interior and exterior drinking fountains are functional, accessible, and free of leaks. Drinking fountain water pressure is adequate. Fountain water is clear and without unusual taste or odor, and moss, mold, or excessive staining is not evident. (M) Restrooms and restroom fixtures satisfy the following: (i) Are functional. (ii) Appear to be maintained and stocked with supplies regularly. (iii) Appear to be accessible to pupils during the schoolday. (iv) Appear to be in compliance with Section 35292.5. (N) The sanitary sewer system controls odor as designed, displays no signs of stoppage, backup, or flooding, in the facilities or on school grounds, and appears to be functioning properly. (O) Roofs, gutters, roof drains, and downspouts appear to be functioning properly and are free of visible damage and evidence of disrepair when observed from the ground inside and outside the building. (P) The school grounds do not exhibit signs of drainage problems, such as visible evidence of flooded areas, eroded soil, water damage to asphalt playgrounds or parking areas, or clogged storm drain inlets. (Q) Playground equipment and exterior fixtures, seating, tables, and equipment are functional and free of significant cracks, trip hazards, holes, deterioration that affects functionality or safety, and other health and safety hazards. (R) School grounds, fields, walkways, and parking lot surfaces are free of significant cracks, trip hazards, holes, deterioration that affects functionality or safety, and other health and safety hazards. (S) Overall cleanliness of the school grounds, buildings, common areas, and individual rooms demonstrates that all areas appear to have been cleaned regularly and are free of accumulated refuse and unabated graffiti. Restrooms, drinking fountains, and food preparation or serving areas appear to have been cleaned each day that the school is in session. (2) (A) On or before January 1, 2007, the Office of Public School Construction shall develop the school facility inspection and evaluation instrument and instructions for users. The school facility inspection and evaluation instrument and local evaluation instruments that meet the minimum criteria of this subdivision shall include a system that will evaluate each facility, based on the criteria listed in paragraph (1), on a scale of “good,” “fair,” or “poor,” as developed by the Office of Public School Construction, and provide an overall summary of the conditions at each school on a scale of “exemplary,” “good,” “fair,” or “poor.” (B) On or before July 1, 2007, the Office of Public School Construction, in consultation with county offices of education, shall define objective criteria for determining the overall summary of the conditions of schools. (C) For purposes of this paragraph, “users” means local educational agencies that participate in either of the programs established pursuant to this chapter, Chapter 12.5 (commencing with Section 17070.10), or Section 17582. (e) “Lease” includes a lease with an option to purchase. (f) “Project” means the facility being constructed or acquired by the state for rental to the applicant school district and may include the reconstruction or modernization of existing buildings, construction of new buildings, the grading and development of sites, acquisition of sites therefor and any easements or rights-of-way pertinent thereto or necessary for its full use including the development of streets and utilities. (g) “Property” includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this chapter. (Amended by Stats. 2009, Ch. 88, Sec. 20. (AB 176) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17002.1. Source version: id_ce8460ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. As used in this chapter, construction shall include, but not be limited to, reconstruction, modernization, and replacement of facilities, and the performance of deferred maintenance activities on facilities pursuant to rules and regulations regarding those activities as may be adopted by the board. Funding for deferred maintenance activities for a facility may be approved under this chapter without regard to whether project funding for the reconstruction, modernization, or replacement of the facility is prohibited under Section 17021. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17003. Source version: id_ce8460f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. The Director of General Services shall administer this chapter and shall provide such assistance to the board as it may require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17004. Source version: id_ce8460f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. The State Allocation Board is continued in existence for the purpose of this chapter. The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid as an administrative expense referred to herein. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17005. Source version: id_ce85e794-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. In addition to all other powers and duties as are granted the board by this chapter, other statute, or the Constitution, the board shall have power to: (a) Establish any qualifications not in conflict with other provisions of this chapter, as it deems will best serve the purposes of this chapter, for determining the eligibility of school districts to lease projects under this chapter. (b) Establish any procedures and policies in connection with the administration of this chapter as it deems necessary. (c) Adopt any rules and regulations for the administration of this chapter, requiring any procedure, forms, and information, as it may deem necessary. (d) Construct and control any project. (e) Fix rates, rents, or other charges for the use of any project acquired, constructed, rehabilitated, equipped, furnished, or for services rendered in connection with that project, and to alter, change, or modify the same at its pleasure, subject to any contractual obligation that may be entered into by the board with respect to the fixing of the rates, rents, or charges. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17005.1. Source version: id_ce85e796-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. On or before June 30, 1981, and on or before June 30 of each year thereafter, the board shall approve a plan specifying (a) the amount of funds to be allocated in the forthcoming fiscal year for the purposes of deferred maintenance activities and (b) the manner in which such funds shall be allocated to applicant districts. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17005.3. Source version: id_ce85e798-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. (a) Any school district with an average daily attendance of less than 2,501 pupils may apply to the board for a loan to cover the project activities of the first or second phase, as those phases were defined on July 1, 1993, of a project funded under this chapter. The loan shall not be utilized for the purchase of real property and shall be repaid by the school district either through a dedication of fees or charges levied pursuant to Section 17620 until the loan is repaid or upon receiving the project funding at the construction phase, but, in any event, the loan shall be repaid within five years from the date on which the board makes the loan. In addition to the other methods of repayment specified in this subdivision, the board may also notify the Controller if a school district is 90 days late in making loan repayments, in which case the Controller shall reduce the apportionments to which the school district is otherwise entitled under Section 42238 as necessary to recover past due payments and any current payments. (b) The board may make loans under this section to the extent that the board determines that funds are available for that purpose. The total annual maximum funds that may be loaned under this section is ten million dollars ($10,000,000) per fiscal year. (c) The board may make loans under this section only for those projects and phases that have met all of the eligibility standards of the board and receive approval for an apportionment, but for which apportionment funds are not available. In any event, the amount of the loan shall not exceed the amount that would have been eligible for apportionment. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17005.5. Source version: id_ce85e79a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. The board may provide a loan to any school district from the proceeds of the sale of bonds pursuant to the School Facilities Bond Act of 1992, and the 1992 School Facilities Bond Act, to provide aid for school districts in accordance with this chapter, when those proceeds are available in the State School Building Lease-Purchase Fund. In order to provide a loan, both of the following conditions shall be met: (a) The amount of the loan shall not exceed the amount set forth in legislation enacted that specifies the loan amount. (b) The loan shall be repaid pursuant to a schedule set forth in legislation enacted that specifies a loan repayment schedule. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17006. Source version: id_ce85e79c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. (a) The board shall not enter into any lease with respect to an application for replacing inadequate school facilities unless it first has investigated and made a finding, or the governing board of a self-certifying district, as applicable, first certifies that it has investigated and made a finding, consistent with guidelines adopted by the board, that one or both of the following conditions exists: (1) It would not be economical or good practice to rehabilitate those facilities. (2) The school facilities are inadequate due to their susceptibility to repeated flooding. The board shall develop and adopt regulations that define inadequacy of school facilities on the basis of susceptibility to repeated flooding. The building area of any facility found to be inadequate pursuant to this subdivision shall be excluded, for the purposes of any application for the replacement of any facility, from the calculation under this chapter of the area of adequate school construction existing in the applicant school district. (b) The self-certifying district shall maintain documentation of each investigation and finding it conducts pursuant to subdivision (a) as may be required by the board, and the investigation and finding shall be subject to subsequent audit as the board may direct. (c) For purposes of this chapter, a “self-certifying district” as to any project to be funded under this chapter, is an applicant district that provides 50 percent or more of the cost of the project from funding sources other than any state program administered by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17007. Source version: id_ce876e3e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. The State School Building Finance Committee, created by Section 15909 and composed of the Governor, Controller, Treasurer, Director of Finance, and Director of Education, all of whom shall serve thereon without compensation and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker, shall meet with and advise the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter the Members of the Legislature shall constitute an interim investigation committee on the subject of this chapter and as an interim investigating committee shall have the powers and duties imposed upon interim investigating committees by the Joint Rules of the Senate and the Assembly. The Director of General Services shall provide any assistance to the committee that it may require. The Attorney General shall be the legal adviser of the committee. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17008. Source version: id_ce876e40-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. A fund is hereby created in the State Treasury to be known as the State School Building Lease-Purchase Fund. All money in the State School Building Lease-Purchase Fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated for expenditure pursuant to this chapter. The State Allocation Board may apportion funds to school districts for the purposes of this chapter from funds transferred to the State School Building Lease-Purchase Fund from any source. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17008.3. Source version: id_ce876e42-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. (a) The board may establish a revolving loan account within the State School Building Lease-Purchase Fund, and may allocate from the fund to that account those amounts it determines to be necessary for the purposes of this section. (b) The board may apportion to any school district that submits to the board a statement of its intent to subsequently file a project application under this chapter, a loan for the purpose of advance planning and related administrative costs pursuant to the preparation of that application. The loan amount shall not exceed 3 percent of the estimated project cost, as determined pursuant to the building cost standards established under this chapter. (c) If, within a period of 24 months following the receipt of any loan amounts under this section, the project for which those advance planning funds were provided has not been found by the board to be qualified for funding under this chapter, the board shall so notify the Controller, who shall reduce the apportionments to which the district is otherwise entitled under Section 42238 as necessary to repay the amount of all loans provided under this section, over such period of time as the board finds to be reasonable. The Controller shall transfer the amount of all apportionment reductions imposed under this subdivision to the revolving loan account established under this section. (d) The repayment of loan amounts received under this section by school districts other than those described under subdivision (c) shall be accomplished by the withholding, as determined by the board, of apportionment funds that would be available to the district for purposes of the project for which the district received funding approval under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17008.5. Source version: id_ce876e44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. The board may approve projects and make apportionments in amounts not exceeding those funds on deposit in the State School Building Lease-Purchase Fund plus any amount of bonds authorized by the State School Building Finance Committee but not yet sold by the Treasurer. Disbursements may be made under any apportionment made from any funds in the State School Building Lease-Purchase Fund, irrespective of whether there exists at the time of the disbursement a sufficient amount in the State School Building Lease-Purchase Fund to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17009. Source version: id_ce88f4e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. (a) The county superintendent of schools or county office of education shall be eligible to receive any funds from the portion of the proceeds of the sale of any state bonds that are set aside for the construction, reconstruction, or modernization of, or deferred maintenance on facilities to house special education pupils who are defined as severely handicapped and eligible pursuant to Section 17047. (b) Subdivision (a) is only applicable if the county superintendent of schools or county office of education has filed with the State Allocation Board a regionalized facility plan, as developed and approved by the State Department of Education, that covers the county or special education local planning agency area of responsibility. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17009.3. Source version: id_29e3cb76-1043-11dc-aaa9-8413c1335835 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. The board may not approve any projects pursuant to this chapter on and after November 4, 1998. (Added by Stats. 1998, Ch. 407, Sec. 2. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 1. General Provisions [17000 - 17009.5] SECTION 17009.5. Source version: id_ce88f4ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=1. (a) Except as set forth in Section 17052, on and after November 4, 1998, the board shall only approve and fund school facilities construction projects pursuant to Chapter 12.5 (commencing with Section 17070.10). (b) A school district with a first priority project that has received a construction approval by the Department of General Services, Division of the State Architect, or a joint-use project approval by the board, prior to November 4, 1998, for growth or modernization pursuant to this chapter shall receive funding pursuant to this chapter for all unfunded approved project costs as it would have received under this chapter, and the increased capacity assigned to the project shall be included in calculating the district’s capacity pursuant to Chapter 12.5 (commencing with Section 17070.10). Funds received for projects described in this subdivision shall constitute the state’s final and full contribution to these projects. The board shall not consider additional project funding except when otherwise authorized under Chapter 12.5 (commencing with Section 17070.10). (c) A school district with a second priority project that has received a construction approval by the Department of General Services, Division of the State Architect prior to November 4, 1998, for growth or modernization pursuant to this chapter shall elect to do either of the following: (1) Withdraw the application under this chapter, submit an initial report and application pursuant to Chapter 12.5 (commencing with Section 17070.10), and receive per pupil allocations as set forth in Chapter 12.5 (commencing with Section 17070.10). If the district withdraws the application, any funds previously allocated under this chapter for the project shall be offset from the first grant to the district under Chapter 12.5 (commencing with Section 17070.10). (2) Convert the second priority project approved under this chapter to a first priority status and receive funds in accordance with this chapter. (d) Notwithstanding priorities established pursuant to Chapter 12.5 (commencing with Section 17070.10), projects authorized for funding as set forth in this section shall be funded by the board pursuant to this chapter prior to funding other projects pursuant to Chapter 12.5 (commencing with Section 17070.10). (e) For purposes of funding priority for modernization grants under Chapter 12.5 (commencing with Section 17070.10), a district that applies under subdivision (b) or paragraph (1) of subdivision (c) shall retain its original project approval date. (f) Notwithstanding Section 17017.1, West Contra Costa Unified School District shall be eligible for state facilities funds beginning November 4, 1998. (g) The State Allocation Board shall adopt regulations to ensure that an appropriate offset is made from funds approved pursuant to this chapter, for funds awarded to school districts pursuant to Chapter 12 (commencing with Section 17000) prior to November 4, 1998. (Amended by Stats. 2000, Ch. 753, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17010. Source version: id_ce88f4ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. The board may construct any project, and may acquire all property necessary therefor, on any terms and conditions as it may deem advisable. When any part of the work is to be done or performed by any public body or the United States jointly or in conjunction with the board, the portion of the cost of the project to be borne by the board may be turned over to the government of the United States or to any other public body, to be expended by it in the acquisition, construction or completion of the project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17011. Source version: id_ce8a7b90-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. The board may use for the payment of the costs of acquisition, construction or completion of any project any funds made available to the board by the State of California or any other funds provided by the board from any source, to be expended for accomplishing the purposes set forth in this chapter, together with the proceeds of bonds issued and sold pursuant to the State School Building Lease-Purchase Bond Law of 1976. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17012. Source version: id_ce8a7b92-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. The board has full charge of the acquisition, construction, completion, and control of all projects authorized by them and may proceed with such work forthwith. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17013. Source version: id_ce8a7b94-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Title to all property acquired, constructed, or improved by the board and the revenues and income therefrom, is in the State of California. All such property, and the income therefrom are exempt from all taxation by the State of California or by any county, city and county, city, district, political subdivision or public corporation thereof. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17014. Source version: id_ce8a7b96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The board shall require the school district to make all necessary repairs, renewals, and replacements to ensure that a project is at all times kept in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the school district. (b) In order to ensure compliance with subdivision (a) and encourage applicants to maintain all buildings under their control, the board shall require the applicant to do all of the following prior to the approval of a project: (1) Establish a restricted account within the general fund of the school district for the exclusive purpose of providing moneys for regular maintenance and routine repair of school buildings, according the highest priority to funding for the purpose set forth in subdivision (a). (2) Agree to deposit into the account established pursuant to paragraph (1), in each fiscal year for the term of the lease agreements of all projects constructed under this chapter, a minimum amount equal to or greater than 2 percent of the general fund budget of the applicant district for that fiscal year. This paragraph is applicable only to the following districts: (A) High school districts with average daily attendance greater than 300. (B) Elementary school districts with average daily attendance greater than 900. (C) Unified school districts with average daily attendance greater than 1,200. (c) For each project funded after July 1, 1998, the board shall require the applicant school district governing board to certify, as part of the annual budget process of the school district and beginning in the fiscal year in which the project is funded by the state, that a plan has been prepared for completing major maintenance, repair, and replacement requirements for the project. For purposes of this subdivision, the term “major maintenance, repair, and replacement” means roofing, siding, painting, floor and window coverings, fixtures, cabinets, heating and cooling systems, landscaping, fences, and other items designated by the governing board of the school district. The board shall require the school district’s governing board to certify that the plan includes and is being implemented as follows: (1) Identification of the major maintenance, repair, and replacement needs for the project. (2) Specification of a schedule for completing the major maintenance, repair, and replacement needs. (3) Specification of a current cost estimate for the scheduled major maintenance, repair, and replacement needs. (4) Specification of the school district’s schedule for funding a reserve to pay for the scheduled major maintenance, repair, and replacement needs. (5) Review of the plan annually, as a part of the annual budget process of the school district, and update, as needed, the major maintenance, repair, and replacement needs, the estimates of expected costs, and any adjustments in funding the reserve. (6) Availability for public inspection of the original plan, and all updated versions of the plan, at the office of the superintendent of the school district during the working hours of the school district. (7) Provision in the annual budget of the school district of a provision that states the total funding available in reserve for scheduled major maintenance, repair and replacement needs as specified in the updated plan, and an explanation if this amount is less than that specified in the updated plan. The reserve shall be maintained in the restricted account established pursuant to subdivision (b). (d) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002. (Amended by Stats. 2004, Ch. 900, Sec. 4. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17015. Source version: id_ce8a7b98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. The board shall require the school district to insure against public liability or property damage in connection with any project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17016. Source version: id_ce8a7b9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The board, by the adoption of rules, may establish priorities for the construction and leasing of projects to those school districts the pupils of which will benefit most. The board may make exceptions from established priorities when it determines that to do so will benefit the pupils affected. (b) The board may adopt rules establishing priorities for the acquisition and leasing of portable classrooms to county superintendents of schools that will most benefit pupils needing a county community school. The board shall require each county superintendent of schools who leases portable classrooms pursuant to Section 17017.2 to demonstrate that the portable classrooms are utilized solely for operation of a county community school. (Amended by Stats. 1998, Ch. 485, Sec. 45. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17017. Source version: id_ce8c023c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Each school district that desires to lease a project for a grade level maintained by it, shall submit through its governing board an application therefor to the board in the form and number of copies that the board may prescribe. Immediately upon receipt of an application in the prescribed form accompanied by the required estimate of cost, a copy thereof shall be transmitted by the board to the Director of General Services. Each copy of the application shall be accompanied by a statement of the estimated cost of the project certified by an architect or structural engineer, and by layout plans showing the entire construction project. Before the board approves an application for a construction project, it shall establish cost standards for all new construction included therein. The cost standards shall not exceed typical comparable new construction by school districts in the same area, or if there has been no new construction by school districts in the area, the cost standards shall not exceed the reasonable current cost of similar construction in the area. The board shall determine such typical current costs or such reasonable current costs. In applying cost standards the board shall take into account the size and type of the construction proposed and may make any deviations that in its judgment are justified. When a standard has been set by the board to cover any individual apportionment, no project shall be approved by the board in excess of the standard, unless the board shall find that in view of a subsequent increase in building costs an adjustment is warranted. No contract shall be let for a construction project which has been approved by the board if the cost exceeds the construction cost standards fixed by the board under this section for the new construction. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17017.1. Source version: id_ce8c023e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The West Contra Costa Unified School District shall be ineligible for any state school facilities funding for a period of five years from June 30, 1993, or until the date of the final payment on its entire debt to the state, including both principal and interest, whichever is later. Notwithstanding the above, the school district may continue to receive funding for deferred maintenance activities and for those purposes specified in subdivision (b). (b) The State Allocation Board shall approve funding for only those Richmond Unified School District State School Building Lease-Purchase Program projects which were approved for Phase II apportionments on or before April 1, 1993. All West Contra Costa Unified School District projects may be considered for funding by the State Allocation Board either in five years or after the complete repayment of the loan established under Section 41471, whichever is later. (c) In the event that the State Allocation Board approves the replacement of the existing Belding Elementary School with funds currently allocated for the modernization of the Harry Ells Middle School and the Samuel Gompers Middle School, that approval shall be considered allowable exemption under subdivision (b). Authority for this exemption is repealed on November 1, 1993, if approval of Phase III construction apportionment for the replacement of the existing Belding Elementary School has not occurred. In allowing for the possibility of this exemption, it is not the intent of the Legislature to interfere in any way with the decisionmaking authority and process of the State Allocation Board. It is the intent of the Legislature that a proposal to replace the existing Belding Elementary School with funds currently allocated to the modernization of the Harry Ells Middle School and the Samuel Gompers Middle School be submitted to the State Allocation Board under its existing procedures and policies. The State Allocation Board’s decision shall be based on the merits of the proposal, not this exemption authority. Specifically, this subdivision may not be used as justification for approval of a project to replace the Belding Elementary School. (d) Any properties or facilities designated by the school district to be used for other than school purposes to generate capital to repay the outstanding debt shall be ineligible for deferred maintenance funding. Should any facilities receive funding for those purposes after the enactment of this legislation, and later be declared available for purposes intended to repay the debt, the value of state funding received for deferred maintenance at that facility shall be deducted from ongoing or future deferred maintenance projects in the district. If no projects are available for offset of apportionments, the value of the deferred maintenance performed will be added to the outstanding loan balance. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17017.2. Source version: id_ce8c0240-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The board may own, have maintained, and lease portable classrooms to any county superintendent of schools who provides a county community school program, as defined in Section 1986. These portable classrooms shall be adequately equipped to meet the educational needs of these pupils, including, but not limited to, sinks and restroom facilities. (b) The board, with the advice of the Superintendent of Public Instruction, may have portable classrooms constructed, furnished, or equipped, and may otherwise require whatever work is necessary to place portable classrooms for county community schools where needed, including the acquisition and preparation of sites. The board shall, in consultation with the Superintendent of Public Instruction, establish standards for the acquisition of land, with land acquisition limited to no more than 10,000 square feet per portable classroom, waivable by the board only as needed to meet local zoning and land use requirements or health and safety considerations. (c) A county superintendent of schools who desires to lease portable classrooms shall have prepared for the board’s use performance specifications for portable classrooms and bids for their construction that can be solicited from more than one responsible bidder. (d) No portable classroom shall be made available to a county superintendent of schools unless the county superintendent of schools furnishes evidence, satisfactory to the board, that the county superintendent of schools has no other facility available for rental, lease, or purchase in the geographic service area that is economically or otherwise feasible. (e) If at any time the board determines that a lessee’s need for particular portable classrooms that were made available to the lessee pursuant to this chapter has ceased, the board may take possession of the portable classrooms and may lease them to other county superintendents of schools or, if there is no longer a need for portable classrooms, the board may dispose of them to public or private parties in the manner it deems to be in the best interest of the state. (f) This section does not limit the authority of a county superintendent of schools to provide facilities without assistance from the board for pupils who are enrolled in a county community school. (Added by Stats. 1997, Ch. 893, Sec. 84. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17017.5. Source version: id_ce8d88e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The board may approve, in whole or in part, an application submitted by a school district under Section 17017 or 17020 in an amount not exceeding the amount applied for as the board may deem appropriate. (b) The board may, upon approval of the application, in whole or in part, and subsequently from time to time, make apportionments of project funding not exceeding in the aggregate the total amount determined by the board under subdivision (a) for the portion or portions of the project for which the board determines the district is ready to proceed. Subsequent to the board’s approval of a project, any requirement imposed by the board that the compliance of the project with building cost or area standards and related guidelines adopted by the board be established as a condition of the apportionment of funds under this chapter shall be satisfied, as to a project for a self-certifying district, by the certification by the district of that compliance. In addition, the board shall not require that estimates of average daily attendance be updated as to that project more often than once every 12 months subsequent to the board’s approval of the project. The self-certifying district shall maintain documentation of the compliance certified pursuant to this subdivision as may be required by the board, and that compliance shall be subject to subsequent audit as the board may direct. (c) Whenever a district files an application, the board shall require the district to submit to the board and the State Department of Education a five-year plan for construction and rehabilitation of school facilities, and to obtain the written approval of the department that the plan complies with standards that are established by the department for this purpose to ensure that the applicant district has adequately anticipated its school facilities needs and identified funding sources as necessary to meet those needs. The plan may be adjusted to reflect adjusted growth targets. (d) The board shall not approve any application under this chapter after January 1, 1990, unless accompanied by a study examining the feasibility of implementing in the district a year-round multitrack educational program that is designed to increase pupil capacity in the district or in overcrowded high school attendance areas by at least 20 percent. (e) The board may waive subdivision (d) or the requirements of Section 17017.7, or both, if a school district demonstrates that these requirements will result in a particular educational or financial hardship to the district. Further, the board shall waive subdivision (d), if it finds that there is clear hardship to a district due to declining enrollment or no growth. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17017.6. Source version: id_ce8d88e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Notwithstanding Section 17017.7, the definition of “substantial enrollment” set forth in that section shall apply only to elementary and unified school districts. For a high school district, “substantial enrollment in multitrack year-round schools,” for the purposes of Section 17017.7, means that at least 30 percent of the pupils enrolled in the high school district are enrolled in multitrack year-round schools, or that 40 percent of the pupils enrolled in public school in kindergarten and grades 1 to 12, inclusive, within the boundaries of the high school attendance area for which the school district is applying for new facilities are enrolled in multitrack year-round schools. In addition, a high school district shall be deemed to have a substantial enrollment in multitrack year-round schools for purposes of Section 17017.7 if, at the option of the district, the entire high school to be constructed is to operate on a multitrack year-round basis. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17017.7. Source version: id_ce8d88e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) Notwithstanding any other provision of this chapter, priority for the approval of project funding for new construction under this chapter, shall be as follows: (1) First priority for construction funds shall be given to school districts with a substantial enrollment in multitrack year-round schools requesting state funding for 50 percent of the cost of a project that would be constructed to operate on a multitrack year-round basis. (2) Second priority shall be for school districts with a substantial enrollment in multitrack year-round schools requesting state funding for the entire cost of a project that would be constructed to operate on a multitrack year-round basis. (3) Third priority shall be for school districts without a substantial enrollment in multitrack year-round schools requesting state funding for 50 percent of the cost of a project to operate on a multitrack year-round basis. (4) Fourth priority shall be for school districts without a substantial enrollment in multitrack year-round schools requesting state funding for the entire cost of a project that would be constructed to operate on a multitrack year-round basis. (5) Fifth priority shall be for school districts with a substantial enrollment in multitrack year-round schools requesting state funding for 50 percent of the cost of a project that would not operate on a multitrack year-round basis. (6) Sixth priority shall be for school districts with a substantial enrollment in multitrack year-round schools requesting state funding for the entire cost of a project that would not operate on a multitrack year-round basis. (b) The board shall not restrict the availability of funding for construction of multitrack year-round schools, from any funding source available to the State School Building Lease-Purchase Fund, but shall make approval of project funding for those projects the first priority in accordance with this section. (c) “Substantial enrollment,” for the purposes of this section, means enrollment of at least 30 percent of district pupils in kindergarten and grades 1 to 6, inclusive, or 40 percent of pupils in kindergarten and grades 1 to 12, inclusive, in the high school attendance area for which the school district is applying for new facilities. The calculation set forth in this subdivision, as to a self-certifying district, shall be made by the district, in accordance with any standards governing that calculation that are adopted by the board. The calculation shall be certified by the district to the board and used by the board for the purposes of this section. The self-certifying district shall maintain documentation of the calculation as may be required by the board, and the calculation shall be subject to subsequent audit as the board may direct. If a self-certifying district is found by the board to have materially misrepresented its pupil enrollment pursuant to this subdivision, the board may impose either or both of the penalties set forth in paragraphs (1) and (2) of subdivision (b) of Section 17041.2, in accordance with that section. (d) “Multitrack year-round school,” for purposes of this section, means a school for which the applicant district demonstrates that both of the following criteria are satisfied: (1) The pupils are divided into three or more groups or tracks, which rotate attendance so that, for a majority of schooldays during the school year, at least one group or track is not attending the school while all other groups or tracks are in attendance. (2) The operation of the school on a multitrack year-round basis has resulted in an increase in enrollment capacity. (e) Notwithstanding any other provision of this section, the State Allocation Board may continue to implement any year-round school priority provisions for hardships adopted prior to September 1, 1990. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17017.9. Source version: id_ce8d88e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) Notwithstanding any other provision of law, a project shall be accorded, subject to subdivision (b), the priority status that otherwise is accorded under Section 17017.7 to a project for which state funding is requested for only 50 percent of the cost, if all of the following conditions are met: (1) The applicant district documents to the satisfaction of the board that it has incurred bonded indebtedness in an amount not less than 95 percent of the bonding capacity of the district. “Bonded indebtedness” for the purposes of this section includes, but is not limited to, funding provided pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code. (2) The applicant district agrees that up to 95 percent of the unexpended bonding capacity of the district, existing on or after the date of the district’s first application for project funding pursuant to this section, shall apply toward the cost of projects. (3) Either of the following apply: (A) The applicant district agrees that developer fees imposed pursuant to Section 17620 shall apply toward the cost of projects for which the district requests state funding pursuant to this chapter, not to exceed 50 percent of the cost of any project. Fees needed for interim housing for capital outlay purposes for modernization and new construction projects, school district administration capital outlay projects, and capital outlay projects for transportation needs, are exempt from this requirement. (B) The applicant is a school district with an average daily attendance of 2,500 or less. (b) An applicant district qualifying for the priority status described in subdivision (a) as to any project shall continue to be accorded that status for all subsequent projects under this chapter until the time that the bonding capacity of the district determined for purposes of that subdivision increases by 20 percent. (c) The condition set forth in paragraph (2) of subdivision (a) shall apply until either the applicant district’s eligibility under this section terminates pursuant to subdivision (b), or funding for the district is approved and apportioned under this chapter for a project for which 50 percent or more of the cost is provided by the district from funding sources other than any state program administered by the board, whichever occurs first. (d) Notwithstanding any other provision of law, as to any project for which priority status is accorded pursuant to subdivision (a), the estimate of average daily attendance for the applicant district may be calculated, upon request of the district, in the manner set forth in subdivision (a) of Section 17040.3. (e) The board may recalculate program allowances and apportionments pursuant to this section. (Amended by Stats. 1998, Ch. 957, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17018. Source version: id_ce8f0f8a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. In approving applications pursuant to this chapter, the board shall encourage the design and construction of facilities which will conserve unreplenishable energy resources by consideration of alternate design and insulation concepts as well as unconventional energy sources. In so doing, the board may increase cost allowances to reflect the difference between conventional and unconventional concepts when the board is satisfied that the life cycle cost of the project is not expected to exceed the life cycle cost of a conventionally designed project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17018.5. Source version: id_ce8f0f8c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The Legislature intends for the board to encourage school districts to utilize alternative methods to fund school facilities. (b) The board shall approve applications pursuant to the requirements of this section that request the board to share a portion of the cost of projects constructed pursuant to the Mello-Roos Community Facilities Act of 1982, as set forth by Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code. The board shall disregard the fact that structures have been constructed in accordance with that act, and neither consider nor approve any application for cost sharing until the time that the applicant school district would have become eligible for approval of its application during the normal process established for considering and approving applications. (c) The board shall approve applications for cost sharing based on both of the following factors: (1) Estimates of average daily attendance at the time the application is considered. (2) The amount of cost sharing requested. (d) The costs shared by the board shall be an amount equal to the cost that would have been allowed for the project had it been originally approved pursuant to this chapter less 5 percent per year depreciation, exclusive of land, for each year that the project was constructed in advance of the application approval, but no more than the lesser of an amount equal to 75 percent of the allowable cost of the project or the principal amount of any outstanding callable bonds and other debts incurred to finance the project under the Mello-Roos Community Facilities Act of 1982. (e) If the board utilizes a point system to prioritize applications for funding, the computation of priorities for an application pursuant to this section shall be increased by 4 percent for each year from the date of construction of the project to the date of approval of the cost-sharing application. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17018.7. Source version: id_ce8f0f8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) Notwithstanding any other provision of law to the contrary, a school district that has, within the previous 24-month period, constructed or otherwise acquired school facilities with 100 percent local funding, may apply for funding for the construction of a gymnasium or multipurpose room on the site where it constructed or otherwise acquired school facilities with 100 percent local funding. (b) If the State Allocation Board determines that the schoolsite does not have adequate gymnasium or multipurpose room facilities, the board may approve the application pursuant to this section. (c) For an application approved pursuant to this section, the board shall grant the school district a credit against its local matching share requirement of up to 50 percent of the costs of the project or the total local funds expended by the school district on any school facilities funded by 100 percent local funds within the immediately preceding 24-month period, whichever is less. (d) For an application approved under this section, the project shall be accorded the priority status that is otherwise accorded under Section 17017.7 to a project for which state funding is requested for only 50 percent of the costs. (e) As used in this section “100 percent local funding” includes construction or acquisition of a school facility with 40 percent funding from the general fund of the school district and with the remainder of the local funding from the sale of surplus school property. (Added by Stats. 1998, Ch. 941, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17019. Source version: id_ce8f0f90-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Before the board approves any project that includes the acquisition of furniture or equipment, it shall establish current cost and quality standards for furniture and equipment, including, but not limited to, educational technology hardware. The standards shall not exceed the cost and quality of furniture and equipment for comparable facilities purchased by school districts in the same area. The standards shall consist of furniture and equipment costs for each type of classroom or pupil station having different cost criteria. The standards shall be reviewed quarterly by the board and adjustments made in accordance with actual current costs. When cost and quality standards have been adopted by the board, the standards shall not be exceeded unless a subsequent increase in actual current costs warrants an adjustment. Before the board approves a project for the replacement, reconstruction, or alteration of, or addition to, a school building, full consideration shall be given to all usable furniture and equipment existing in the applicant district. The board may approve all or a portion of the amount applied for. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17019.3. Source version: id_ce8f0f92-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) Any applicant school district may contract with a firm, as defined in Section 4525 of the Government Code, for construction project management services to assist in the development or implementation of a project for which the district has applied for funding under this chapter, subject to the requirement that a performance bond be required from all building contractors hired to construct the project in order to ensure the completion of performance under the contract. (b) That portion of any contract, as described in subdivision (a), concerning the final phase of construction of the project, shall be submitted by the applicant district to the board for approval. If the board does not approve, reject, or recommend modifications to, that contract portion within 15 business days after receiving that contract information, that portion of the contract shall be deemed to be approved by the board. (c) From the amount of funding approved by the board under this chapter for any project, the board shall authorize the expenditure of funds for the costs of construction project management services provided to the project, as described in subdivision (a), where the board finds that the contracting for those services was necessary and appropriate to the school district’s development or implementation of that project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17019.5. Source version: id_ce909634-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. For a school district having an average daily attendance of 2,500 or less for the prior fiscal year, the board may approve, subject to the building cost standards established under this chapter, a supplemental apportionment up to five thousand five hundred dollars ($5,500) for any new construction project, and up to one thousand three hundred twenty dollars ($1,320) for any other project approved under this chapter, as reimbursement for administrative expenses incurred by the district in filing the application for the project. The amount of the supplemental apportionments shall be adjusted in 1990, and every two years thereafter, by the board at its January meeting, which adjustment shall be in an amount equal to the amount of the adjustment for inflation set forth in the statewide cost index for class D construction. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17020. Source version: id_ce909636-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) Notwithstanding other provisions of this chapter, in order to expedite a total school facility a school district may first apply for a project which includes only the advance purchase of the land and preparation of plans and specifications. The acquisition of the site and the plans preparation shall be based on the justification documents for the total school facility. The school district may apply for a subsequent project or projects to complete the total school facility. (b) Any application filed pursuant to this section shall be subject to all provisions of this chapter generally applicable to project applications, to the extent not in conflict with this section. (c) Any estimate of average daily attendance made by an applicant district for the purpose of justifying an application pursuant to this section may be made for up to and including two years longer than the period of time permitted by Section 17040. (d) Beginning in the fifth fiscal year following the fiscal year in which any apportionment is made to a school district pursuant to this section, the district shall repay the apportionment, with interest, in 10 equal annual installments, unless and until the district has qualified for an apportionment pursuant to an application for utilization of the site under this chapter. These repayments shall constitute rent, and shall be in addition to any other rents or fees for which the district is obligated under Section 17032. The board may waive any obligation of repayment under this subdivision to the extent that the board finds that the obligation will result in an extreme hardship upon the district. (e) The school district may apply for a subsequent project or projects to complete the total school facility. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17021. Source version: id_ce909638-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. No project shall be approved for the reconstruction, modernization, or replacement of any school building that was constructed or reconstructed less than 30 years, or, in the case of any portable classroom, as defined in subdivision (e) of Section 17042.5, less than 20 years, prior to the date of approval of the project applied for under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17021.3. Source version: id_ce90963a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) For purposes of this chapter, “modernization” or “renovation” means any modification of an existing structure, the costs of which do not exceed 25 percent of the replacement cost of that structure. (b) No project shall be approved for the modernization of any school facility unless and until both of the following are demonstrated to the satisfaction of the board: (1) The project will enhance the capacity of the facility to achieve one or more educational purposes. (2) The resulting pupil capacity of the facility, as measured in units of average daily attendance, will equal or exceed 80 percent of the facility’s maximum capacity as determined under the board standards established under this chapter. (c) No project shall be approved for the modernization of any school facility that was constructed less than 30 years prior to the date of the approval of the project applied for under this chapter. (d) The State Allocation Board may waive the requirement in subdivision (c) if the building has been declared by the Office of the State Architect to be, or is in imminent danger of becoming, a health or safety hazard to the pupils. This determination may only be made in the case of a natural disaster, for example, fire, flood, or earthquakes, or as a result of a determination by a qualified engineer, and agreed to in writing by the Office of the State Architect. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17021.4. Source version: id_ce921cdc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Notwithstanding the limitation set forth in subdivision (a) of Section 17021.3, the costs of a modernization or renovation project funded under this chapter may exceed 25 percent of the replacement cost of an existing structure where the costs in excess of that amount are funded by the district exclusively from sources other than any state program administered by the board. For each project, the total costs of the modernization or renovation project, as supplemented pursuant to this section, may not exceed 50 percent of the replacement cost of the existing structure except to the extent of those costs funded by the district, from sources other than any state program administered by the board, that are expended to conform that structure to current building standards, in which event the total costs of the project may not exceed 75 percent of the replacement cost of the structure. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17022. Source version: id_ce921cde-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Except as provided in Section 17041, the board shall not approve any new school facilities for any applicant school district or county superintendent of schools until it first has made a determination that the applicant will utilize all existing facilities and sites to the extent economically and practically feasible. The board may also require the applicant to explore cooperative efforts with adjacent districts or, in the case of county superintendents of schools, with adjacent county superintendents of schools, in order that all existing or planned facilities in the general area of need shall be utilized. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17022.7. Source version: id_ce921ce0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The funding for any reconstruction project approved by the board pursuant to this chapter that meets the requirements set forth in subdivision (b) shall include all of the following, not to exceed the total cost of the reconstruction project or 75 percent of the replacement cost of the facility to be reconstructed, whichever is less: (1) Twenty-five percent of the replacement cost of the facility. (2) A funding entitlement to the extent that the reconstruction will result in an increased capacity of the facility to house pupils, calculated pursuant to the cost standards for new construction established by the board under Section 17017. (3) Any costs incurred by the district as required to ensure that the facility, as reconstructed, complies with applicable structural safety standards for school buildings pursuant to Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 2 of Part 10.5, and Article 7 (commencing with Section 81130) and Article 8 (commencing with Section 81160) of Chapter 1 of Part 49. (b) In order to qualify for the funding entitlement set forth in subdivision (a), a school district reconstruction project shall be required to meet all of the following conditions: (1) The facility to be reconstructed is at least 30 years old as of the date the application is filed. (2) The cost of the reconstruction project exceeds 25 percent of the replacement cost of the facility. (3) The reconstruction will result in an increased capacity of the facility to house pupils. (c) No reconstruction project shall be approved under this chapter for which the total cost exceeds 75 percent of the replacement cost of the facility to be reconstructed. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17023. Source version: id_ce921ce2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Nothing contained in this chapter shall be construed as changing the powers and duties of the Department of Education or the Department of General Services in respect to schoolsites and the construction of school buildings as contained in Chapter 1 (commencing with Section 17211) and Chapter 2 (commencing with Section 17251) of Part 10.5. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17024. Source version: id_ce93a384-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The board shall not authorize the selection of any schoolsite, or a contract for the construction of any new school building, or for any addition to, or alteration of, any existing building, for lease-purchase to any school district, unless the applicant district has obtained the written approval of the State Department of Education that the site selection, and the building plans and specifications, comply with the standards adopted by the department pursuant to subdivisions (b) and (c), respectively, of Section 17251. (b) A self-certifying district shall comply with subdivision (a) by certifying to the State Department of Education and the board that the site selection, and the building plans and specifications, comply with the standards adopted by the department pursuant to subdivisions (b) and (c), respectively, of Section 17251. The self-certifying district shall maintain documentation of the determinations made pursuant to this subdivision as required by the board. Those determinations shall be subject to subsequent audit by the State Department of Education in accordance with this section. (c) The State Department of Education shall conduct random audits of the information certified by self-certifying districts pursuant to subdivision (b), using generally accepted auditing principles, at any time to ensure compliance with the law. (d) If any information certified by a self-certifying district pursuant to subdivision (b) is found by the department to contain any material inaccuracy, the department shall so notify the board. The board shall thereupon impose both of the following penalties: (1) Pursuant to a repayment schedule approved by the board of no more than five years, the district shall repay to the board, for deposit in the State School Building Lease-Purchase Fund, an amount equal to the amount of project funding allocated under this chapter to acquire any site that was selected in material violation of the standards adopted by the department pursuant to subdivision (b) of Section 17251, together with interest at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of state general obligation bonds as established pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. The amount of any repayment owing under this paragraph for any fiscal year, which is not repaid otherwise by the district, shall be withheld by the board from any project funding that otherwise would be allocated to that district under this chapter in that fiscal year. As to any repayment obligation remaining for that fiscal year, the board shall notify the Superintendent of Public Instruction, who shall withhold the amount of that remaining obligation from the apportionments to be made to the district from the State School Fund in that fiscal year. (2) The board shall prohibit the district from exercising the self-certifying authority under subdivision (b) under any subsequent applications for project funding for a period of up to five years following the date of the finding of a material inaccuracy, or until the district’s repayment of the entire amount owing under paragraph (1), whichever occurs later. (e) Any school district against which the board imposed the penalties under paragraphs (1) and (2) of subdivision (d) may submit for binding determination by an arbitrator the issue of whether the penalties imposed are disproportionate to the inaccuracy certified by the district. Except as otherwise provided by this chapter, the procedure governing the arbitration shall be as set forth in Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. (f) It is the intent of the Legislature that audits as described in this section not interfere with the application and construction process under this chapter unless one or more violations are discovered. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17024.5. Source version: id_ce93a386-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Upon request of any school district, the State Department of Education shall provide assistance in the evaluation and utilization of existing school facilities and the justification of the need for schoolsites, new facilities, and the rehabilitation or replacement of existing facilities, in accordance with board regulations. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17025. Source version: id_ce93a388-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The board shall not authorize a contract for the construction of any new school, or for the addition to, or reconstruction or alteration of, any existing building, for lease-purchase to any school district unless the applicant district has submitted plans therefor to the Department of General Services and obtained the written approval of the department pursuant to Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. (b) The board, or the self-certifying district, as applicable, shall certify the compliance of a project with Sections 17212, 17212.5, and 17213, with Division 13 (commencing with Section 21000) of the Public Resources Code, and with any other law that applies to that project, but may require documentation of compliance only as to requirements that are applicable under this chapter. Notwithstanding any other law, for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code, the applicant district shall be deemed to be the “lead agency” with regard to any project funded for that district under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17029. Source version: id_ce93a38a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The board shall authorize the applicant school district to act as its agent in the performance of acts specifically approved by the board and all acts required pursuant to Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. That authorization shall include, but is not limited to, the selection of schoolsites, the securing of appraisals, the contracting for architectural services, the advertisement for construction bids and the entering into of contracts therefor and the purchase of furniture and equipment. (b) If, pursuant to the authority granted under subdivision (a), a self-certifying district submits to the board two or more independent appraisals and certifies to the board that the appraisals were performed by appraisers licensed or certified in accordance with Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code and were obtained in accordance with standards and procedures imposed by the board for that purpose, the district shall not be required to document its compliance with those standards and procedures except as specified in Section 17041.2. In addition, the board shall use any of those appraisals, including an appraisal that is not the highest bid appraisal, for the purposes of this section, except that the board may substitute, for the results of those appraisals, the results of one or more independent appraisals, which may include an appraisal performed by the Department of General Services, obtained by the board for that purpose. (c) If, pursuant to the authority granted under subdivision (a), any bid reported to the board by a self-certifying district as the lowest responsible bid for a construction contract does not exceed the cost limit established by the board for that purpose, and the district certifies to the board that the bid was obtained in accordance with standards and procedures imposed by the board for that purpose, the district shall not be required to document its compliance with those standards and procedures except as specified in Section 17041.2. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17029.5. Source version: id_ce952a2c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Notwithstanding any other provisions of this chapter, the funding by the board of contracts entered into by a school district pursuant to this chapter shall not, in itself, make the board liable for any tort, breach of contract, or any other action for damages caused by a school district arising from those contracts. These contracts include, but are not limited to, contracts between the school district and its construction contractors, construction managers, architects, or engineers. The school district shall be liable for all torts, breaches of contract, or any other actions for damages caused by the school district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17030. Source version: id_ce952a2e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) In expending funds for any project under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, altered or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. (b) The Director of General Services shall file with the county recorder of the county in which any site purchased or improved through the expenditure of funds under this chapter is located a certificate, properly acknowledged, indicating the state’s interest in real property of the district by virtue of this section, without the necessity of particularizing the real property. The recorder shall record and index the certificate in the same manner as abstracts of judgments and the certificate shall constitute constructive notice of the state’s interest in the particular real property affected. The certificate shall, as to any party thereafter acquiring real property or any interest therein in the county from the school district, have the same force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execution. That effect shall commence upon recordation and shall continue until the certificate is discharged or released as provided herein. (c) Upon request, the Director of General Services shall issue either of the following: (1) A release of the state’s interest in any real property or a portion thereof that the district has been authorized by the board to dispose of under Section 17039, provided that delivery of such release may be subject to such conditions as may be prescribed by the board to protect the state’s interest. (2) A disclaimer of the state’s interest in any real property or a portion thereof of the district, the disposition of which the board is not required to consent to under the terms of Section 17039, provided that the delivery of such disclaimer may be subject to such conditions as the board deems appropriate to protect the interest of the state, including conditions relating to the amount of consideration to be received from the disposition where the board asserts an interest in the proceeds of such disposition under other provisions of this chapter. The release or disclaimer shall conclusively protect any third party relying upon the same and shall be acknowledged to permit recordation by the county recorder. (d) Upon payment by the district of all amounts required to be paid by it, or on its behalf, to the state under this chapter, each of the following shall occur: (1) The Director of General Services shall file with the county recorder a release of any certificate, which release shall be recorded and indexed in the same index as the certificate. (2) The title to personal property purchased by the school district with funds apportioned under this chapter shall revert thereto without further action by the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17030.2. Source version: id_ce952a30-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Notwithstanding any other provision to the contrary, all lease agreements shall terminate 40 years from the date of execution and title to the property covered therein shall revert to the district as though full payment had been made. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17030.3. Source version: id_ce952a32-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Notwithstanding any other provision of this chapter, any project funded under this chapter that involves only the identification, assessment, or abatement of hazardous asbestos in school facilities shall not be subject to Section 17014 or 17032, nor shall that funding cause the transfer to the state of title or any other property interest in the subject facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17030.5. Source version: id_ce952a34-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Notwithstanding any provision to the contrary, no funds authorized by any act for the purpose of this chapter may be expended for any purpose without specific authorization from the board or its designated representatives. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17030.6. Source version: id_ce952a36-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. From any moneys in the State School Building Lease-Purchase Fund, the board shall make available to the Director of General Services such amounts as it determines necessary to provide the assistance, pursuant to this chapter, required by Section 15504 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17031. Source version: id_ce952a38-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. The applicant district, acting as agent for the state, shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to school buildings. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17032. Source version: id_ce96b0da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. The board shall fix rents for all projects acquired and may change the rents from time to time as may be needed provided the rents shall not in any year exceed the sum of the following: (a) One dollar ($1). (b) Any interest earned on funds in the county school lease-purchase fund for the district. (c) Any unencumbered bond funds of the district, exclusive of funds that are used by the district to fund a project pursuant to Section 17040.2. (d) The net proceeds from the sale or lease of any school buildings or land no longer needed for school purposes, exclusive of proceeds that are used for capital outlay expenditures for school construction that conforms to building area standards established under this chapter, for revenue purposes under a joint venture as authorized by Section 17032.3. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17032.3. Source version: id_ce96b0dc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) Any school district for which one or more projects has been funded under this chapter may, pursuant to written agreement with any other public or private person or entity, utilize any school buildings, land, or other real property interest that the governing board determines is not needed for school purposes, and will not be needed for school purposes within the next 30 years, in a joint venture with that person or entity to generate revenues for school facilities purposes, pursuant to the following conditions: (1) The district has developed a school district asset utilization plan, setting forth the information required under subdivision (b), which plan has been the subject of a public hearing, and the governing board of the district has made the finding that the implementation of the plan will benefit the district. (2) Prior to the execution by the school district governing board of any agreement regarding the utilization of the school buildings or land, or both, under a joint venture pursuant to this section, the school district asset utilization plan has been submitted for, and has received, the review and approval of the State Allocation Board. No later than 90 days after the receipt of the plan, the board shall determine whether to approve the plan, which approval shall be granted if the board finds the plan to comply with this section. (3) Once every three years after the approval of any plan pursuant to paragraph (2), the school district shall update the plan with information regarding the disposition of the revenues received by the district from the utilization of the school buildings or land, or both, under the joint venture, including the effect of those revenues upon the school facility needs for which the district may otherwise be eligible under this chapter or under any other school facilities program administered by the board, together with such other information as the board may require, and shall resubmit the plan to the board for its review and approval. In the event that the board refuses to approve the plan on the basis that the district is no longer in substantial compliance with this section, the surplus school buildings or land, or both, utilized under the joint venture shall no longer be exempt from the rental requirements of Section 17032. (4) Pursuant to a school district asset utilization plan approved under this section, the school district may utilize school buildings or land, or both, in a joint venture, the revenues from which shall be placed by the district in a separate fund. The principal and interest from that separate fund may be expended by the district only for the following school facilities purposes, as authorized under the approved plan, in accordance with the pupil loading and cost standards established pursuant to this chapter: the acquisition of land, new construction, reconstruction, modernization, rehabilitation, and deferred maintenance. (b) For purposes of this section, a school district asset utilization plan shall include, but not necessarily be limited to, all of the following: (1) A specific description of the surplus school buildings or land, or both, to be utilized under the joint venture. (2) The identification of the current educational uses of the surplus school buildings or land, or both, and of the educational uses proposed under the joint venture. (3) The identification of the current noneducational uses of the surplus school buildings or land, or both, and of the noneducational uses proposed under the joint venture, and a specific assessment of the compatibility of those uses with any applicable general or specific governmental land use plans and with applicable zoning restrictions. (4) A description of the prospective economic benefits to be derived by the district from the joint venture. (5) A description of the prospective educational benefits to be derived by the district from the joint venture. (6) A comprehensive description of the joint venture, including, but not limited to, a description of the intended means of financing the joint venture. (7) A plan for the disposition of the revenues received by the district from the joint venture. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17032.5. Source version: id_ce96b0de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) The board shall establish the annual rent and conditions to be met by the lessee of a portable classroom leased pursuant to Section 17717.2 and shall require lessees to undertake all necessary maintenance, repairs, renewals, and replacements to ensure that a project is at all times kept in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the lessee. (b) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002. (Amended by Stats. 2004, Ch. 900, Sec. 5. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17033. Source version: id_ce96b0e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Rent, charges, and fees collected in error may be refunded by the board in accordance with regulations prescribed by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17034. Source version: id_ce96b0e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. A county school lease-purchase fund is hereby created in the county treasury within each county for each school district project in the county. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17035. Source version: id_ce983784-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. The board may from time to time authorize the Controller to transfer any funds that the board may deem necessary from the State School Building Lease-Purchase Fund established for a given project to the corresponding county school lease-purchase fund in the county treasury. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17036. Source version: id_ce983786-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) Except as provided in subdivision (b), funds may be expended from the county school lease-purchase fund by the applicant school district only when specifically authorized by the board for either direct project costs or reimbursements. (b) Upon specific authorization by the board, applicant school districts may be reimbursed from the county school lease-purchase fund for expenditures, or commitments therefor, made prior to the approval of a project by the board, subject to all of the following conditions: (1) The expenditures or commitments were made in accordance with the terms of the approval of a project. (2) The expenditures or commitments were made not more than four years prior to the approval of a project. (3) The expenditures or commitments do not include any cost incurred for construction of a project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17037. Source version: id_bbd6a392-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Any remaining funds, including any interest earned on those funds, in a county school lease-purchase fund for a school district that remains in the fund on and after January 1, 2026, shall not be reported or returned to the state and may be used by the school district for capital outlay expenditures for school construction. (Added by Stats. 2025, Ch. 8, Sec. 12. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17038. Source version: id_ce983788-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. The board shall require school districts to insure at their own expense for the benefit of the state, all sites, equipment and buildings which are, under Section 17030, the property of the state, against such risks and in such amounts as the board may deem necessary to protect the interests of the state. No project funds shall be used to pay the premiums on such insurance. All payments resulting from claims made against said insurance shall be made payable to and retained by the board. Funds so received shall be utilized by the board for repair or replacement of the facilities for which claim was made. In no event may the amounts expended from such funds for such repair or replacement exceed the payments received. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17039. Source version: id_ce98378a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. (a) Not more than one hundred fifty million dollars ($150,000,000) of the moneys authorized by the State School Building Lease-Purchase Bond Law of 1982 (Sec. 34, Ch. 552, Stats. 1995) shall be reserved for the reconstruction or modernization of facilities within the meaning of this chapter. (b) For purposes of this section, the State Allocation Board shall establish a separate priority system which shall be based on the following factors and any other factors which the board determines are appropriate: (1) Structural condition and age of the building. (2) Percentage of pupils affected in the district or attendance area. (3) Degree of utilization of eligible buildings. (4) Other building code deficiencies, such as health, safety, or electrical problems. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17039.1. Source version: id_ce98378c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Not more than two hundred million dollars ($200,000,000) of the moneys authorized by the State School Building Lease-Purchase Bond Law of 1982 (Sec. 34, Ch. 552, Stats. 1995) shall be reserved for the reconstruction or modernization of facilities within the meaning of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 2. Projects [17010 - 17039.2] SECTION 17039.2. Source version: id_ce98378e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=2. Of the moneys reserved for the rehabilitation or modernization of facilities pursuant to Section 17039.1, the board may reserve not more than twenty-five million dollars ($25,000,000) for apportionments to school districts that the board has determined to be in severe need of the apportionment. In addition, of the moneys reserved for the reconstruction or modernization of facilities pursuant to Section 17696.96 of the Greene-Hughes School Building Lease-Purchase Bond Law of 1986 (Sec. 34, Ch. 552, Stats. 1995), the board may reserve up to and including 10 percent for this purpose. In either event, the apportionment shall be for purposes of site acquisition and the construction of school facilities for schoolsites that meet one or more of the conditions established by the board, which shall include, but are not limited to, the following: (a) The schoolsite is not less than 30 years of age. (b) The schoolsite has accommodated a significant increase in enrollment during the last 10-year period. (c) Enrollment increases have been accommodated by placing relocatable structures on the schoolsite without expanding the schoolsite. (d) The schoolsite has inadequate playground space for its enrollment. (e) The schoolsite has inadequate meal facilities, and those facilities are used for more than three times the number of pupils for which the facilities were originally designed. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040. Source version: id_ce99be32-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Except as provided in Section 17041, no project shall be approved, the building area of which, when added to the area of adequate school construction existing in the applicant school district at the time of application, will provide a total area of school building construction per unit of estimated average daily attendance in excess of that computed in accordance with Sections 17043, 17044, 17045, and 17046. As used in Sections 17041.5, 17043, 17044, 17045, and 17046, “maximum area” means maximum area of school building construction and “attendance unit” means unit of estimated average daily attendance. As used in this section and Sections 17045 and 17046, “attendance center” means a school maintained or to be maintained at a given location within a district. Enrollment projections shall be made for the third fiscal year beyond the fiscal year in which the application is made for a project for kindergarten or any of grades 1 to 6, inclusive, and for the fourth fiscal year beyond the fiscal year in which the application is made for a junior high school or high school project. Except as otherwise provided by the board, the estimates of average daily attendance shall be based upon the number of family dwellings and mobilehome parks, as defined in Section 18214 of the Health and Safety Code, under construction or newly constructed and never occupied in the district and the number of children residing in the district. In no case shall an estimate be given effect unless approved by the board. For the purposes of this chapter, pupils attending grades 7 and 8 in an elementary district, but residing in a high school district that maintains one or more junior high schools, shall not be considered in determining or estimating the average daily attendance of the elementary district, unless one of the following conditions is met: (a) The elementary district is maintaining and has continuously maintained grades 7 and 8 since a date prior to January 1, 1975. (b) The elementary district, by a vote of the electorate at an election held on June 2, 1981, withdrew its 7th and 8th grade pupils from the high school district. (c) The elementary district, by a vote of the electorate at an election held on November 4, 1980, withdrew its 7th and 8th grade pupils from the high school district and the high school district continues to qualify for a project, other than a project pursuant to Section 17041, on the basis of the remaining 7th and 8th grade pupils. In no event shall a facility be constructed for the withdrawn 7th and 8th grade pupils at a distance less than one and one-half miles from the nearest proposed or existing junior high facility. When these pupils are so considered in determining or estimating the average daily attendance of the elementary district, they shall not be considered in determining or estimating average daily attendance of the high school district for junior high school purposes. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.1. Source version: id_ce9b44d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) The allowable building area of any project, as calculated under this article, may be increased by any applicant school district, where the increase is funded exclusively from sources other than any state programs administered by the State Allocation Board. Any increase in building area pursuant to this section in a project for which construction commenced on or after January 1, 1987, not to exceed 110 percent of the area that would be allowed under applicable state standards, shall be excluded from the calculation of the area of adequate school construction for the purposes of all subsequent project applications by the district under this chapter. (b) The maximum building cost permitted for any project under this article may be increased, by not more than 10 percent, by any applicant school district, where the increase is funded by the district exclusively from the proceeds of a general obligation bond measure approved by the voters of the district or of a special tax pursuant to the formation of a community facilities district under Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, or both. In order to qualify for this purpose, any tax or other charge authorized pursuant to that approval or formation, respectively, shall apply uniformly to all taxpayers or all real property within the school district, rather than to a particular class of property or taxpayers, and shall require that the amount of the school facilities fee or other requirement that may be levied by the school district pursuant to Section 17620, in addition to that tax or other charge, not exceed the amount deemed by the governing board to be necessary for the interim school facilities needs of the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.2. Source version: id_ce9b44d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Where 75 percent or more of the total cost of a project approved under this chapter is to be funded by the applicant district from sources other than any state program administered by the board, the area of the allowable new building construction for that project, and the amount of the building cost allowed for that project under this chapter, shall each be increased by 5 percent, plus 1 percent for each 1 percent by which that local contribution exceeds 75 percent. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.3. Source version: id_ce9b44d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) Notwithstanding any other provision of this part, the estimate of average daily attendance for an applicant school district shall be calculated for up to and including two years longer than the period of time permitted by Section 17040, as requested by the district, where 50 percent or more of the cost of the project is provided by the district from funding sources other than any state program administered by the board. For the purposes of any subsequent project application from that district based upon additional growth in pupil enrollment, the estimate of average daily attendance shall be based on enrollment projections for any period of time, as requested by the district, up to and including that permitted by Section 17040. (b) The project shall be “fast tracked.” For purposes of this section, “fast tracking” means that the total amount of project funding eligibility shall be established upon the board’s approval of the project, which shall be subsequently disbursed as necessary for the development and construction of the project without the prerequisite of any additional state certification or other state-conducted review of project eligibility. Based upon the results of an audit to be conducted upon completion of the project, the board or the applicant district, as appropriate, shall pay to the other any amount that is necessary to conform to the allocation of project costs determined upon the board’s approval of the project. In the event that the applicant district has not executed all contractual agreements necessary for the complete construction of the project within a period of 18 months following the board’s approval of the project, this subdivision shall cease to apply to the project with regard to any state funding of the project not yet disbursed. Upon request of the applicant district and approval by the board, this 18-month period may be extended for an additional period of up to six months to account for one or more delays resulting from circumstances beyond the district’s control. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.4. Source version: id_ce9ccb7a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Notwithstanding any other provision of this part, the board may use, for purposes of determining the estimate of average daily attendance for an applicant school district, a master plan that has been prepared by a district that includes the additional pupils due to increases in housing units within the boundaries of the district or attendance area. Before a master plan may be used, both of the following conditions shall be satisfied: (a) The city, county, or city and county has obtained approval of a local general obligation bond or has obtained funds pursuant to the Mello-Roos Community Facilities Act of 1982, as set forth by Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, to provide local matching funds for school facility projects for which approval is being sought pursuant to this section. (b) At least 60 percent of the total cost of the project for which approval is being sought shall be provided by funding sources other than any state program administered by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.5. Source version: id_ce9ccb7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Notwithstanding any other provision of this article, the board shall exclude the area of enclosed stairs and appropriate landings for each floor level served from the computation of the allowable building area of multistory buildings for any applicant school district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.6. Source version: id_ce9ccb7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) For any school of two or more stories, the project funding provided under this chapter shall include, at the request of the applicant district, the costs of any or all of the following: (1) Compliance with applicable requirements of law for fire safety, and for handicapped access, as a result of the multistory design. (2) Playground apparatus. (3) Duct shafts, utility tunnels, and pipe conduit chases. (4) Security items required as a result of the multistory design. (b) In calculating the maximum project funding that may be allocated for parking, landscaping, and other general schoolsite improvements, which calculation is determined in proportion to the total building cost or area approved for funding under the project, the total building cost or area approved for funding under the project shall be computed by the board to include any increase in project building area, as authorized under Section 17041.8. The applicant district shall provide the board information on how the supplemental project funding will be allocated to relieve the effects resulting from less than the specified land area for the schoolsite. (c) This section shall apply to any application for project funding under this chapter for which the final apportionment for construction of the project had not been made on or prior to December 1, 1987. (d) For any project approved under this chapter, the amount of project funding granted by the board shall include the actual and reasonable costs incurred by any applicant district for the revision of its project application for the purpose of qualifying for supplemental project funding as authorized by this section. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.7. Source version: id_ce9ccb80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Notwithstanding any other provision of this article, the board shall provide that building area for enclosed hallways in the second or higher story of any building shall be counted as two-thirds of the actual area. For purposes of this section “enclosed hallways” includes, but is not limited to, all of the following: (a) Covered passages, arcades, shelters, porches, and planting areas. (b) Enclosed covered areas that provide shelter between buildings that are 20 feet or more apart. (c) Sun control devices designed and located to function in lieu of covered walks or other shelters. (d) Mezzanines used for storage purposes. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.8. Source version: id_ce9ccb82-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Where an applicant district that is eligible under this chapter for project funding of new construction of school facilities on an existing schoolsite, which site has less than 50 percent of the land recommended under State Department of Education guidelines, as published in the School Site Analysis and Development Handbook in effect on January 1, 1987, the area of allowable new building construction for that project shall be increased by the square footage of any existing one-story school facility or facilities to be replaced under the project by one or more multistory school facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17040.9. Source version: id_ce9e5224-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) (1) The board shall allocate the amount calculated under subdivision (b), in addition to any other project funding authorized under this chapter, to each project funded under this chapter for which the resulting pupil density will exceed the following: (A) For a project for kindergarten or any of the grades 1 to 6, inclusive, 90 pupils per acre. (B) For a project for a junior high school project, 80 pupils per acre. (C) For a project for a senior high school project, 70 pupils per acre. (2) For any new construction project, pupil density shall be computed, for purposes of paragraph (1), by dividing the number of units of estimated average daily attendance for the project, including those to be served by relocatable structures, by the acreage of the project site. (3) For any project for the construction of additional facility space on an existing schoolsite or on land acquired that is adjacent to an existing schoolsite, pupil density shall be computed, for purposes of paragraph (1), by adding the number of units of estimated average daily attendance for the project to the number of units of average daily attendance for the existing school facilities, and dividing that sum by the total site acreage for the project and the existing school facilities. (b) The supplemental project funding authorized under this section shall be calculated by dividing the actual pupil density for the project, as calculated under subdivision (a), by the threshold pupil density for the project as set forth in that subdivision, and multiplying the resulting fraction by an amount equal to the average cost per acre of the land approved for acquisition by the board under this chapter for the project, or that would have been approved for acquisition if the applicant school district had not had an existing schoolsite available for the project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17041. Source version: id_ce9e5226-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Whenever the area of adequate school construction existing in any attendance area is such as to prevent another attendance area from receiving the maximum area of school construction for each unit of attendance as specified for the district as a whole, the allowable building area may be computed separately for each attendance area. For the purposes of this section and Section 17041.5, an “attendance area” is defined as the geographical area serving an existing or proposed high school and those junior high schools and elementary schools included therein. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17041.1. Source version: id_ce9e5228-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) Notwithstanding any other provision of this chapter, the following determinations shall be made by a self-certifying district, in the manner specified in this chapter and in accordance with the standards governing those determinations that are adopted by the board, for the purpose of calculating the district’s eligibility for project funding under this chapter: (1) The total allowable building area for which the district is eligible for project funding under this chapter. (2) The district’s area of existing adequate school construction, including, but not limited to, the conducting of field inspections for this purpose. If requested by the applicant district, the board shall provide assistance to the district in preparing the necessary documents for self-certification pursuant to this chapter. (b) The area determinations made by a self-certifying district pursuant to subdivision (a) shall be certified by the district in its application for project funding and shall be used by the board as the basis for project funding eligibility, except to the extent of any information that the board finds is demonstrated, pursuant to the information certified and any other documentation available to the board from prior project funding applications for that district, to be materially inaccurate, regardless of whether the inaccuracy was intended. No later than 30 calendar days after receipt of the determinations certified pursuant to subdivision (a), the board shall notify the district of any inaccuracies identified under this subdivision. (c) Each self-certifying district shall maintain documentation of the determinations described in subdivision (a) as required by the board. Those determinations shall be subject to subsequent audit as the board may direct. (d) All estimates of average daily attendance for a self-certifying district for the purposes of this article shall be made by the district in accordance with the standards governing those estimates that are adopted by the board. Each determination made by a self-certifying district pursuant to this subdivision shall be reviewed for accuracy by the board or by the county office of education in the county in which the district is located. In the event that the review is performed by the board, that review shall be completed no later than 45 calendar days subsequent to the board’s receipt from the district of all documentation necessary for that purpose. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17041.2. Source version: id_ce9e522a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) The State Allocation Board shall conduct random audits of the information certified by self-certifying districts pursuant to this chapter, except as to any determinations that are made under subdivision (d) of Section 17041.1 or that are subject to audit by the State Department of Education pursuant to Section 17024, using generally accepted auditing principles, at any time to ensure compliance with the law. (b) If any information submitted by a self-certifying district in its certification of funding eligibility for any project is found by the board to contain any material inaccuracy, any building area constructed as a result, in excess of the building area to which the district was entitled for purposes of that project, shall be included in the calculation of the area of adequate school construction for the purposes of all subsequent project applications by the district under this chapter. In addition, the board shall impose both of the following penalties: (1) Pursuant to a repayment schedule approved by the board, the district shall repay to the board of no more than five years, for deposit in the State School Building Lease-Purchase Fund, an amount equal to the amount of project funding allocated under this chapter to construct that excess building area, together with interest at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of state general obligation bonds as established pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. The amount of any repayment owing under this paragraph for any fiscal year, which is not repaid otherwise by the district, shall be withheld by the board from any project funding that otherwise would be allocated to that district under this chapter in that fiscal year. As to any repayment obligation remaining for that fiscal year, the board shall notify the Superintendent of Public Instruction, who shall withhold the amount of that remaining obligation from the apportionments to be made to the district from the State School Fund in that fiscal year. (2) The information that otherwise may be certified under this chapter by a self-certifying district shall be made by the board under any subsequent applications for project funding, rather than by the applicant district, for a period of up to five years following the date of the finding of a material inaccuracy, or until the district’s repayment of the entire amount owing under paragraph (1), whichever occurs later. (c) Any school district against which the board imposes the penalties under paragraphs (1) and (2) of subdivision (b) may submit for binding determination by an arbitrator the issue of whether the penalties imposed are disproportionate to the inaccuracy certified by the district. Except as otherwise provided by this chapter, the procedure governing the arbitration shall be as set forth in Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. (d) It is the intent of the Legislature that audits as described in this section not interfere with the application and construction process under this chapter unless one or more violations are discovered. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17041.3. Source version: id_ce9e522c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. For the purposes of Sections 17041 and 17041.5, allowable building area may be computed, in the alternative to the methods prescribed by Section 17041, for any combination of two or more adjacent high school attendance areas pursuant to the following conditions: (a) The project to be funded is for the construction of a high school, junior high school, or elementary school located or to be located in any of those high school attendance areas. (b) The high school, junior high school, or elementary school to be constructed is to serve pupils residing in each of those high school attendance areas. (c) The combined computation of allowable building area reflects the allowable building area to which each of the high school attendance areas would otherwise be entitled, reflecting the proportion of projected pupil enrollment in the school to be constructed, as calculated under this chapter, from each of those attendance areas. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17041.5. Source version: id_ce9fd8ce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) Whenever the area of adequate school construction existing in an attendance area is less than the maximum area computed for that attendance area, any portion of the remaining computed allowable building area may be used for the construction of district administration and maintenance facilities. (b) If the allowable building area is computed separately by attendance area, the board shall include within the computation of the maximum area for that attendance area the proposed building area of a project for the construction of district administration and maintenance facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17041.6. Source version: id_ce9fd8d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. The board shall, in allocating funds for school facilities construction pursuant to this chapter, give first priority to applicant districts proposing additional classrooms within their maximum allowable building area before allocating funds to applicant districts proposing administration and maintenance facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17041.8. Source version: id_ce9fd8d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) Notwithstanding any other provision of law, any applicant school district that receives supplemental project funding under Sections 17040.6, 17040.7, 17040.8, and 17041.8 shall apply that funding to the purposes of the project funded, in compliance with any requirements set forth in those sections, but need not comply in that regard with the allowable building area of that project as otherwise calculated under this chapter. The expenditure of the supplemental project funds authorized under those sections is exempt from the total building cost standards applicable to the project. In addition, the increase in building area authorized under this subdivision is exempt, for purposes of any subsequent application for project funding under this chapter, from the calculation of existing adequate school construction of the district. (b) Notwithstanding any other provision of law, the total amount of supplemental project funding that an applicant district is entitled to receive under Sections 17040.6, 17040.7, 17040.8, and 17040.9 may not exceed the lesser of the following: (1) An amount equal to that calculated under subdivision (b) of Section 17040.9. (2) An amount equal to the sum of four thousand dollars ($4,000) for each of the first 500 units of estimated average daily attendance for the project, and two thousand dollars ($2,000) for each additional unit of estimated average daily attendance. The monetary rates set forth in this paragraph shall be increased annually for inflation for the prior calendar year on the basis of the cost index for class B construction as determined in the January meeting of the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17042. Source version: id_ce9fd8d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) The board, by the adoption of rules, shall provide for the manner of determining the area of adequate school construction existing in an applicant school district at the time of application. Those rules shall define and provide for the method of determining building areas that are to be included in, in whole or in part, or to be excluded from, the area of existing adequate school construction. Any building to which Article 3 (commencing with Section 39140) of Chapter 1 of Part 23 of Division 3 of Title 2 does not apply shall not be considered adequate school construction for the purpose of determining the maximum total building area per attendance unit. The board may make exceptions to the provisions of this section, or to the rules adopted pursuant thereto, if it determines that the exception or exceptions will be for the benefit of pupils affected. (b) For the purposes of this chapter, the area of adequate school construction existing in an applicant school district does not include any of the following: (1) Any portable classroom made available to the district under Chapter 25 (commencing with Section 17785). (2) In any school operated on a year-round schedule, any building area that has been in continuous use during the preceding five-year period primarily for the operation of any preschool program or programs. (3) Any building area, not to exceed the area that is equivalent to one classroom per schoolsite, used to provide support services pursuant to Chapter 5 (commencing with Section 8800) of Part 6 or to provide integrated children’s services pursuant to Section 18986.40 of the Welfare and Institutions Code. A school shall meet the definition of a “qualifying school” under paragraph (1) of subdivision (h) of Section 8802 to qualify for this exemption from the area of adequate school construction. (4) Any classroom acquired or constructed and continuously used by the school district primarily for the purpose of reducing class size in kindergarten or in any of grades 1 to 3, inclusive, pursuant to the school district’s participation in the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28. (5) Any classroom acquired or constructed for the purpose of operating a community day school pursuant to Section 48660, if the classroom is not located on a regular elementary, middle, junior high, or senior high school site. (c) The board may make exceptions to this section, or to the rules adopted pursuant thereto, if it determines that the exception or exceptions will be for the benefit of pupils affected. (Added by Stats. 1997, Ch. 893, Sec. 86. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17042.5. Source version: id_ce9fd8d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) For purposes of determining the area of adequate school construction existing in an applicant school district pursuant to Section 17042.7, all portable classrooms, whether owned or leased, shall be included, except as otherwise provided in paragraphs (1) to (3), inclusive. (1) Leased portable classrooms acquired by a school district shall not be included in the area of existing adequate school construction until January 1, 1991. (2) Portable classrooms leased pursuant to Chapter 14 (commencing with Section 17085) shall be excluded from the area of adequate school construction. Portable classrooms obtained by an applicant district pursuant to subdivision (b) of Section 17088.5 also shall be excluded from the area of adequate school construction, except as to any portable classroom or classrooms for which the district rejected the board’s offer to purchase pursuant to that subdivision. (3) Portable classrooms that have been leased or owned by the district for 20 years or more shall be excluded from the area of adequate school construction. (4) Leased portable classrooms shall not be included in the area of adequate school construction for a period of five years from the date first leased by the district. That exclusion shall be extended by the board for one additional five-year period where the board finds that the continued use of the leased portable classrooms for classroom purposes is justified by additional growth in average daily attendance pursuant to the standards established by this part. If the board finds continued use to be no longer justified, it may extend the exclusion for a period of up to two years as necessary to maintain the eligibility of the applicant district for project funding pursuant to this chapter if the board finds that the district has made a good faith effort to obtain that funding in a timely manner. The additional five-year exclusion shall not apply to any portable classroom for which, under the lease agreement, the district is to take title, or the total consideration paid by the district for the lease and an option to purchase is determined by the board to be substantially equivalent to the cost of acquiring title. (b) For purposes of this section, “portable classroom” means a classroom building of modular design and construction that meets all of the following criteria: (1) Is designed and constructed to be relocatable and transportable over public streets. (2) Is designed and constructed for relocation without the separation of the roof or floor from the building. (3) When measured at the most exterior walls, has a floor area not in excess of 2,000 square feet. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17042.7. Source version: id_ce9fd8d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) For any project application filed or amended on or after January 1, 1993, the area of adequate school construction existing in the applicant school district or, where appropriate, in the attendance area, at the time of application shall be calculated pursuant to the following formula: (1) Identify by grade level all teaching stations existing in the school district or, where appropriate, the attendance area, as of January 1, 1993. For the purposes of this section, “teaching station” means any space that was constructed or reconstructed to serve as an area in which to provide pupil instruction. (2) Determine the maximum pupil loading figure for each grade level pursuant to the district pupil loading standards in effect on January 1, 1993. For the purposes of this section, the “district pupil loading standards” are those pupil loading standards in effect in a school district on July 1, 1992, as a result of actions including, but not necessarily limited to, the execution of a collective bargaining agreement or the adoption of a district policy by the governing board of the school district. In no event may this figure be more than the maximum pupil loading standards established by the board, or less than three pupil units lower than those maximum pupil loading standards. (3) Multiply the figure determined under paragraph (2) for each grade level by the number of teaching stations for the particular grade level, as determined under paragraph (1). (4) Multiply the product determined under paragraph (3) by the maximum area allowance established for that grade level under this article. (5) The sum of these computations for each grade level, as determined under paragraphs (1) to (4), inclusive, shall be the total area of adequate school construction existing in the district or attendance area pursuant to this formula. (b) For purposes of this section, a school district that is participating in a class size reduction program set forth in this code, other than the Class Size Reduction Program (Ch. 6.10 (commencing with Section 52120) of Part 28), shall use the pupil loading standard established pursuant to that program. (c) The area of existing adequate school construction calculated under this section shall not include, in any school operated on a year-round schedule, any teaching station that has been in continuous use during the preceding five-year period primarily for the operation of a preschool program or programs. (Repealed and added by Stats. 1997, Ch. 893, Sec. 88. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17042.9. Source version: id_cea15f7a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) Notwithstanding any other provision of law, a school district that complies with the requirements of subdivision (b) may replace a portable classroom, as defined in Section 17742.5, that has been leased or owned by the district for 20 years or more, with a permanent building if the resulting area of new building construction is no greater than the area that would be authorized under this chapter for the lease or purchase of a portable classroom. (b) A school district that utilizes subdivision (a) shall fund its expenses incurred thereby through the issuance of general obligation bonds by the district or by the issuance of bonds pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code) or by any other financing mechanism that does not encumber the school district’s general fund. (Added by Stats. 1997, Ch. 893, Sec. 89. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17043. Source version: id_cea15f7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) There shall be allowed to each district with attendance units of 300 or more in kindergarten and grades 1 to 6, inclusive, a maximum area of 55 square feet for each attendance unit of the district in kindergarten and grades 1 to 6, inclusive. (b) The maximum total building area per attendance unit allowed to applicant districts with attendance units of less than 300 in kindergarten and grades 1 to 6, inclusive, for such attendance units shall be determined by the board, and shall be building area to provide comparable facilities to those provided by subdivision (a) of this section, and shall be the least building area required to house adequately the estimated average daily attendance and the normal instructional and other services. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17044. Source version: id_cea15f7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. There shall be allowed to each district a maximum area of 75 square feet for each attendance unit of the district in grades 7 and 8. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17045. Source version: id_cea15f80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. The maximum area allowed to a district for attendance units in junior high schools composed of grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case may be, shall be determined pursuant to this section, rather than Sections 17044 and 17046. This section shall not apply to junior high schools composed of grades 7 and 8 only. The maximum area allowed for attendance units in junior high schools shall be determined by computing, in accordance with this section, the number of square feet for the attendance units at each junior high school attendance center of the district, and totaling the number of square feet so determined for all attendance units in all such junior high school attendance centers of the district. There shall be allowed a maximum area of 75 square feet for each attendance unit of the junior high school attendance center in grades 7 and 8. For each attendance unit in grade 9, or grades 9 and 10, as the case may be, at each junior high school attendance center, there shall be allowed a maximum area equal to the number of square feet which would be allowed under Section 17046 for each attendance unit of an attendance center having a total number of attendance units equal to the total number of attendance units in grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case may be, at such junior high school attendance center. The number of square feet which would be allowed under Section 17046 for each attendance unit of an attendance center shall be computed by determining in accordance with that section the total number of square feet which would be allowed at an attendance center and dividing such total number of square feet by the total number of attendance units at such attendance center. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17046. Source version: id_cea15f82-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. There shall be allowed to each district a maximum area for the attendance units of the district in grades 9 to 12, inclusive, determined by computing, for the attendance units in grades 9 to 12, inclusive, at each attendance center of the district, a number of square feet for the number of attendance units in such grades at each attendance center, in accordance with the following table, and totaling the number of square feet so determined for all attendance units in such grades of all attendance centers of the district: Attendance units of attendance center Maximum number of square feet of building area 1-50 ........................ 18,000 51-100 ........................ 18,000 plus 162 for each attendance unit over 50 101-200 ........................ 26,100 plus 99 for each attendance unit over 100 201-300 ........................ 36,000 plus 60 for each attendance unit over 200 301-600 ........................ 42,000 plus 54 for each attendance unit over 300 601-1,800 ........................ 58,200 plus 80 for each attendance unit over 600 Over 1,800 ........................ 154,200 plus 85 for each attendance unit over 1,800 (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17046.7. Source version: id_cea5f365-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Notwithstanding any other provision of law, the determination of the area of allowable new building construction for any project for an applicant school district for which original construction commenced on or after January 1, 1987, shall be made on the basis of 107 percent of the area that would otherwise be determined for that purpose under this chapter, calculated to the nearest whole number. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17046.8. Source version: id_cea5f367-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Notwithstanding any other provisions of law, the maximum allowable building area for each applicant district shall be reduced by the product of the maximum area per attendance unit calculated for each appropriate grade level and the number of pupils reported by the Superintendent of Public Instruction for that grade level pursuant to Section 42268. This reduction shall be calculated on the basis, at the district’s option, of either the district as a whole or the appropriate attendance area, as defined in Section 17041. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17047. Source version: id_13a49f22-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) The allowable new building area for the purpose of providing special day class and Resource Specialist Program facilities for special education pupils shall be negotiated and approved by the board, with any necessary assistance to be provided by the Special Education Division of the State Department of Education. The square footage allowances shall be computed within the maximum square footage set forth in the following schedule: Special Day Class Basic Need Grade Levels Load­ing* Square Footage Nonsevere Disability —Specific Learning Disability All 12 1080 —Mildly Intellectually Disabled All 12 1080 —Severe Disorder of Language All 10 1080 Severe Disability —Deaf and Hard of Hearing All 10 1080 —Visually Impaired All 10 1330 (1080 + 250 storage) —Orthopedically and Other Health Im- paired All 12 2000 (1080 + 400 toilets + 250 storage + 270 daily living skills + 3000 therapy + 750 therapy per additional classroom) —Autistic All 6 1160 (1080 + 80 toilets) —Severely Emotion- ally Disturbed All 6 1160 (1080 + 80 toilets) —Severely Intellectually Disabled Elem. 12 1750 (1080 + 400 toilets + 270 daily living skills) Secon. 2150 (1080 + 400 toilets + 270 daily living skills + 400 vocational) —Developmentally Disabled All 10 2000 (1080 + 400 toilets + 250 storage + 270 daily living skills + 3000 therapy** + 750 therapy per additional CR) —Deaf-Blind/Multi All 5 1400 (1080 + 200 storage + 150 toilets) Pupils Square Feet Resource Specialist Program for those pupils with disabling conditions whose needs have been identified by the Individualized Education Program (IEP) Team, who require special education for a portion of the day, and who are assigned to a regular classroom for a majority of the schoolday.*** All Maximum caseload for RS is 28, not all served at same time. 1–8 240 9–28 480 29–37 720 38–56 960 57–65 1200 66–85 1440 86–94 1680 95–112 1920 * Special pupils may usually be grouped without accordance to type, especially in smaller districts or where attendance zones may indicate, to maximize loadings per classroom where there are children with similar educational needs (Sec. 56364 or 56364.2, as applicable). ** Therapy add-ons not to be provided if on same site as orthopedically impaired. *** To a maximum of 4 percent of the unhoused average daily attendance of the district, per new school or addition, to a maximum of 1920 square feet. (b) The allowable new building area shall be computed by dividing the number of eligible pupils by the minimum required loading per classroom for special day classes for the type of pupils to be enrolled. No new or additional facility shall be provided for special day classes unless the number of additional eligible pupils equals one-third or more of the minimum required loading. (Amended by Stats. 2014, Ch. 327, Sec. 2. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17047.5. Source version: id_ceb24f7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) All school facilities purchased or newly constructed pursuant to this chapter for use, in whole or in part, by pupils who are individuals with exceptional needs, as defined in Section 56026, shall be designed and located on the schoolsite so as to maximize interaction between those individuals with exceptional needs and other pupils as appropriate to the needs of both. (b) School district governing boards and county offices of education shall ensure that school facilities for pupils who are individuals with exceptional needs are integrated with other school facilities in applying for the purchase or new construction of school facilities pursuant to this chapter. (c) The State Allocation Board, after consultation with the State Department of Education and representatives from county offices of education, special education services regions, and school districts, shall develop and adopt any regulations necessary to implement this section. (d) Notwithstanding any other law, the requirement set forth in subdivision (a) may be waived, by the Superintendent of Public Instruction, only upon compliance with the following procedure: (1) The applicant school district or county superintendent of schools shall file a written request for waiver that documents the reasons for its inability to comply with the requirement. (2) The State Department of Education shall verify the reasons set forth pursuant to paragraph (1), including the documentation submitted, which verification shall be completed no later than 30 days after the filing of the request for waiver with the Superintendent of Public Instruction. (3) The Advisory Commission on Special Education, as established under Section 33590, at its first scheduled meeting following the verification conducted pursuant to paragraph (2), shall review the request for waiver, accompanying documentation, and the verification findings of the State Department of Education. No later than 15 days following the date of that meeting, the commission shall submit its written comments and recommendations regarding the request for waiver to the Superintendent of Public Instruction. (4) The Superintendent of Public Instruction shall review the comments and recommendations submitted by the Advisory Commission on Special Education prior to approving or rejecting the request for waiver. (5) Any request for waiver, submitted in accordance with this section, that is not rejected within 60 days of its receipt by the State Department of Education, shall be deemed approved. (e) This section does not apply to any application for project funding under this chapter that meets one of the following conditions: (1) The application was submitted to the board prior to January 1, 1987, and all of the facilities under the project for use, in whole or in part, by pupils who are individuals with exceptional needs are located on a schoolsite on which facilities for use by other pupils are also located. (2) The application is for any other project, for which, prior to January 1, 1987, the board approved the drawing of final plans and the preparation of final specifications. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17047.6. Source version: id_ceb3d61f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. The board, with the advice of the Superintendent of Public Instruction, may determine the eligibility of county superintendents of schools to lease portable classrooms provided that a county superintendent of schools is eligible to receive one portable classroom pursuant to this section and Section 17717.2 for each 15 units of average daily attendance at county community schools in excess of the amount of average daily attendance claimed by the county superintendent of schools in the prior fiscal year except that, for pupils who are enrolled in a county community school and on independent study, only time spent in the classroom shall be included in the calculation of average daily attendance. (Added by Stats. 1997, Ch. 893, Sec. 90. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17048. Source version: id_ceb3d621-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. Whenever an existing building is to be reconstructed, rather than replaced, under an application pursuant to this chapter, there shall be allowed, for those attendance units to be housed in such reconstructed building, an additional five square feet of building area beyond the amounts set forth in Section 17043, 17044, 17045, or 17046. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17049. Source version: id_ceb3d623-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) The board shall require, as a condition of providing funding for any project under this chapter, that, for any facilities for kindergarten or any of grades 1 to 12, inclusive, or for any facilities for special education or continuation high school purposes, at least 30 percent of allowable new building construction for classrooms under the project be utilized for relocatable structures. (b) The board may reduce the percentage requirement set forth in subdivision (a), as to any applicant, in the event that the quantity of relocatable structures necessary to comply with those requirements is unavailable from the manufacturers of those structures. (c) The board may reduce or eliminate the percentage requirements set forth in subdivision (a), as to any applicant, under either of the following circumstances: (1) Where the board finds that special conditions of terrain, climate, or unavailability of space within the attendance area make the use of relocatable structures impractical or inappropriate. (2) Under the condition that, as the result of a future project for which the district receives funding under this chapter, located on the same schoolsite on which the current project is located, at least 30 percent of total building construction for classrooms on that schoolsite will be utilized for relocatable structures. (d) Relocatable structures acquired by an applicant school district up to two years preceding the final approval by the board of the project application submitted by the district shall apply to the percentage requirements set forth in subdivision (a). (e) Notwithstanding subdivision (d), relocatable structures acquired by an applicant school district up to 10 years preceding the final approval by the board of the project application submitted by the district shall apply to the percentage requirements set forth in subdivision (a) if the relocatable structures are to be situated on the site of a new school to be constructed under the project and all of the following conditions are met: (1) The relocatable structures were not previously used to satisfy the 30 percent requirement set forth in subdivision (a) under any other project constructed pursuant to this chapter. (2) The board determines that the relocatable structures are in satisfactory condition upon being moved to the new schoolsite, and are usable for classroom purposes without requiring major repair or renovation for a period of not less than 20 years subsequent to that relocation. (3) Subsequent to moving the relocatable structures to the new schoolsite, at least 30 percent of the classroom space at the schoolsite where the structures were previously located consists of relocatable structures. The cost of moving the relocatable structures to the new schoolsite shall be at the school district’s sole expense. (f) Whenever at least 10 percent of the allowable new building construction contained in an application is to be utilized for relocatable structures, an additional three square feet of building area for each pupil to be housed under the approved project shall be allowed. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17050. Source version: id_ceb3d625-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) A district may enter into a contract with the county, or other appropriate entity having responsibility for the provision of public library services, in which the district is located for the purpose of operating a joint-use library facility at a schoolsite owned by the district. (b) The district may apply for the lease-purchase of a project which includes a library facility, pursuant to Section 17017, which facility, if constructed, would be of sufficient size to accommodate the requirements of a joint-use library for which the district has entered into a contract, pursuant to subdivision (a). (c) Should the board receive an application for a project which includes space for a joint-use library, the board shall evaluate the application disregarding any space in the proposed library facility which is beyond the needs of the district, provided the application contains a copy of the contract specified in subdivision (a), and provided that the contract contains at least the following: (1) Agreement that the county or other appropriate entity shall deposit in the county school lease-purchase fund, created pursuant to Section 17034, an amount equal to the total cost of any space in the proposed library facility which is beyond the needs of the district, prior to the signing of the construction contract for the project. The deposit shall not be refundable, except to the extent that it may prove subsequently to be in excess of the actual total cost of the space which is beyond the needs of the district. (2) Agreement between the district and the county or other appropriate entity regarding staffing, maintenance, materials acquisition, and other matters related to the administration and operating costs of the joint-use facility. (3) Agreement between the district and the county or other appropriate entity regarding the procedure for amendment or termination of the contract, including the disposition of materials housed in the joint-use facility should termination of the contract occur. (d) Any space in a joint-use library which is beyond the needs of the district shall not be included by the board in any calculations made for any other purposes provided for in this article for the period of time that the contract for that joint-use facility remains in effect. Should the contract be terminated, the board shall include the additional space in any calculations made after the termination for any other purposes provided for in this article. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17051. Source version: id_ceb3d627-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) A district may enter into an agreement with another governmental entity that includes some or all of the territory of the district for the purpose of the joint use of park and recreation facilities, including an auditorium, or commercial or industrial facilities. (b) If the board receives an application for a project that includes some or all of the territory of the district for the purpose of the joint use of park and recreation facilities or commercial or industrial facilities, the board shall evaluate the application disregarding any space in the proposed joint-use facility that is beyond the needs of the district if the application contains a copy of the agreement specified in subdivision (a) and if the contract contains at least the following: (1) An agreement that the county or other appropriate entity shall deposit in the county school lease-purchase fund, created pursuant to Section 17034, an amount equal to the total cost of any space in the proposed joint-use facility that is beyond the needs of the district, prior to the signing of the construction contract for the project. The deposit shall not be refundable, except to the extent that it may prove subsequently to be in excess of the actual total cost of the space that is beyond the needs of the district. (2) An agreement between the district and the county or other appropriate entity regarding staffing, maintenance, materials acquisition, and other matters related to the administration and operating costs of the joint-use facility. (3) An agreement between the district and the county or other appropriate entity regarding the procedure for amendment or termination of the contract, including the disposition of materials housed in the joint-use facility should termination of the contract occur. (c) Any space in a joint-use facility that is beyond the needs of the district shall not be included by the board in any calculations made for any other purposes provided for in this article for the period of time that the contract for that joint-use facility remains in effect. If the contract is terminated, the board shall include the additional space in any calculations made after the termination for any other purposes provided for in this article. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 3. Allowances [17040 - 17052] SECTION 17052. Source version: id_ceb55cc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=3. (a) Notwithstanding any other provision of law, the State Allocation Board may fund joint-use projects to construct libraries, multipurpose rooms, and gymnasiums, on school campuses where these facilities are used jointly for both school and community purposes. (b) A school district may apply to the State Allocation Board for funding under this section if it meets all of the following requirements: (1) The school does not have the type of facility for which it seeks funding. (2) The school district agrees to provide local matching funds for 50 percent of the eligible cost of the facility as set forth in subdivision (c), and 100 percent local or joint-use funding for all costs that exceed that standard, as required by subdivision (d). (3) The school district has obtained approval of the plans for the facility from the Division of the State Architect and the State Department of Education. (4) The school district has entered into a joint-use agreement with its joint-use partner that specifies the method for sharing capital and operating costs, specifies relative responsibilities for the operation and staffing of the facility, and specifies the manner in which the safety of school pupils will be maintained during school hours. (5) The school district demonstrates that the facility will be used to the maximum extent possible for school and community purposes after regular school hours. (c) The State Allocation Board shall establish standards for the amount of funding to be made available for each project under this section. The funding standards may be expressed as per-square-foot cost limits or per-pupil cost limits or both. (d) Notwithstanding any other provision of this chapter, project costs may exceed the board’s standards set forth in subdivision (c) if the excess is paid completely by local or joint-use partnership sources. (e) On July 1 of each year the board shall apportion to qualifying applicant school districts those funds that it determines are available for the purposes of this section. (f) The board may establish priority standards to govern the order of funding projects. If applications exceed available funding, the board shall give priority to applications where the size of the project is increased by at least 30 percent beyond minimum essential facilities through the use of additional funding from a joint-use partner. (Added by Stats. 2000, Ch. 753, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 4. Space-Saver Schools [17055 - 17058] SECTION 17055. Source version: id_ceb6e36d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=4. (a) The board shall authorize project funding under this chapter for the construction, in urban areas in which the construction of schools would ordinarily require the removal of residential, commercial, or industrial structures, of four elementary or junior high schools, or any combination thereof, none of which serve any of the grades 10 to 12, inclusive. (b) The construction funded pursuant to subdivision (a) shall be designed to minimize the need for the relocation of inhabitants of residential, commercial, or industrial structures. The design features of the schools may include, but should not be limited to, the use of below-ground facility construction, multistory construction, multiuse construction where single-use construction currently exists, the joint use of facilities that otherwise involve such uses as a shopping center, office complex, or apartment building, the joint or dual use of land that otherwise involves park or other uses, overhead or underground parking, or the use of areas above or below streets or freeways. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 4. Space-Saver Schools [17055 - 17058] SECTION 17056. Source version: id_ceb6e36f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=4. Any school district that is a project applicant under this chapter may apply for the funding of a school specifically under this article, pursuant to which it may be approved by the board for funding only to the extent of its project eligibility under this chapter. The governing board of each district for which that funding is approved by the board shall do all of the following, in the order specified: (a) Identify an area within the district that it determines to be appropriate for the construction of a school that meets the purposes of this article. (b) Establish criteria for the purpose of identifying the school design that will most effectively accomplish the purposes of this article and the needs of the district. The district shall thereupon issue, in a manner approved by the board, a request for architectural design proposals incorporating those criteria. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 4. Space-Saver Schools [17055 - 17058] SECTION 17058. Source version: id_ceb6e371-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=4. The cost of any project funded under this article shall not exceed the maximum cost that would otherwise be allowable for a project funded under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] SECTION 17059. Source version: id_ceb6e375-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=4.1. The Legislature finds and declares as follows: (a) In many areas of the state, overcrowding in the schools has created a need for new school facilities in neighborhoods where little or no vacant land exists. School districts are compelled, therefore, to acquire property that already has been developed with structures, then demolish these structures and construct classroom space. (b) With an estimated statewide need for school facilities within the next five years that exceeds fourteen billion dollars ($14,000,000,000), neither state nor local funds reasonably can be anticipated to meet this need. (c) In many of the areas having overcrowded schools, a significant supply exists of vacant space in structures meeting current building codes. (d) Use of this vacant space by schools can be a cost-effective means of providing classroom space for the students of California. (e) This chapter and Section 4-306 of Part 1 of Title 24 of the California Code of Regulations authorize the reconstruction of existing commercial buildings for school facility purposes. (f) No existing commercial building shall be considered for reconstruction for school facility classroom purposes unless it was designed and constructed according to the standards established in the 1976 Uniform Building Code or subsequent editions of that code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] SECTION 17059.1. Source version: id_ceb86917-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=4.1. In a manner that is consistent with this chapter and the California Code of Regulations, a school district that is eligible for an apportionment for project funding for new construction under this chapter may use that apportionment for the acquisition and conversion of an existing commercial building to school facility purposes. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] SECTION 17059.2. Source version: id_ceb86919-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=4.1. The State Allocation Board in conjunction with the office of the State Architect shall advise all school districts in the state of the existence of the procedure for reconstructing existing commercial buildings for school facility purposes and shall upon request assist in the interpretation and successful implementation of the pertinent regulations in the California Code of Regulations. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] SECTION 17060. Source version: id_ceb8691d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=5. (a) A school district may enter into a joint venture relationship for the purposes of school facilities construction. Notwithstanding any other provision of this chapter, a school district entering into a joint venture relationship does so as an independent entity and not as an agent of the State Allocation Board. (b) For the purposes of this article, “joint venture” means a collaborative undertaking by two or more persons or organizations for a specific project or projects, having the legal characteristics of a partnership. (c) The joint venture relationship may, but is not required to, include any of the following: (1) Joint use of the property of, or facilities on, the project site. (2) Ground leases, alternative financing arrangements, or similar financing arrangements. (3) A construction arrangement in which a school district enters into an agreement with a developer pursuant to which the school district initially stipulates the basic performance and programmatic criteria for the facility and the developer provides input into the design work and building construction services by entering into a contract with a single source team to administer the project in a manner consistent with state law, and construct the project to, under most circumstances, a maximum price. (d) The price for the portion of the project that is funded by the state shall be established through a bidding process as approved by the State Allocation Board. All subcontract trade groups that are included within the project, shall be determined based upon competitive bidding for each contract group. All subcontracts shall be awarded to the lowest responsible bidder. (e) The proposed uses of any facilities constructed under the joint venture project shall not be inconsistent with educational purposes and activities. (f) The cost of any project funded under this article shall not exceed the maximum cost that would otherwise be allowable for a project funded under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] SECTION 17061. Source version: id_ceb8691f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=5. (a) A school district may apply to the State Allocation Board for funding for the costs of property acquisition and the cost of construction, as specified in this chapter, of the school facilities portion of a joint venture project. The school district shall publicly solicit proposals for the joint venture project pursuant to the procedures set forth in this section and Sections 17062, 17521, 17522, and 17523. (b) Upon review of the application for funding, the State Allocation Board shall establish the maximum allowances for construction of the school facilities portion of the joint venture project. For the purpose of calculating allowances pursuant to Article 3 (commencing with Section 17040), the State Allocation Board shall use the information used to determine the allowances for the school district at the time the district received approval of funds under this chapter to acquire property on which the school facilities will be constructed, or at the time an application is made pursuant to subdivision (a), whichever is earlier. (c) The State Allocation Board may approve, in whole or in part, an application submitted by a school district pursuant to this section in an amount the State Allocation Board may deem appropriate, not to exceed the amount applied for, subject to final approval of the joint venture agreement pursuant to Section 17063. (d) For purposes of this section, and the process referred to in subdivision (a), a school district joint venture request for proposals shall include, but not necessarily be limited to, all of the following: (1) A specific description of the school buildings or land, or both, to be constructed or utilized under the joint venture and a description of how the costs of the project have been determined. (2) The identification of the current educational uses of the school buildings or land, or both, and of the educational uses proposed under the joint venture. (3) The identification of the current noneducational uses of the proposed school buildings or land, or both, and of the noneducational uses proposed under the joint venture, and a specific assessment of the compatibility of those uses with any applicable general or specific governmental land use plan and with applicable zoning restrictions. (4) A description of the prospective economic benefits to be derived by the school district from the joint venture. (5) A description of the prospective educational benefits to be derived by the school district from the joint venture. (6) A request that each request for proposal response include a comprehensive description of the joint venture, including, but not limited to, a description of the intended means of financing the joint venture. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] SECTION 17062. Source version: id_ceb9efc1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=5. (a) Notwithstanding Sections 20111 and 20118.4 of the Public Contract Code, or any other law, upon approval of funding pursuant to Section 17061, a school district may utilize a request for qualifications and proposal process described in subdivision (a) of Section 17061 to select and enter into a joint venture agreement with a developer to construct school facilities. The agreement may utilize Section 17406. (b) The joint venture agreement shall include, but not be limited to, all of the following terms: (1) The cost of the project approved by the State Allocation Board pursuant to Section 17061 as the amount that the district will pay to the developer pursuant to the joint venture agreement upon completion of the project, if applicable. (2) A detailed description of the project, including, but not limited to, the school facilities and any other facilities that may be included in the project and any other information necessary to meet the requirements of this chapter. (3) The timeframe for completion of the project. (4) A requirement that there shall be no state liability if funds are not made available within the four-year period specified in subdivision (a) of Section 17063. (c) The joint venture agreement may also include a requirement that if the actual cost of constructing the school facility project designated in the agreement exceeds the amount set forth in that agreement, the developer shall be responsible for the additional expense. (d) The lien placed on a schoolsite pursuant to this chapter shall only attach to that portion of the project for which state funds are actually expended. In addition, the lien shall expressly recognize any subordinate property interest created by the joint venture, and the state lien shall not be foreclosed or otherwise used to terminate the property interest, or any subordinate financing liens incidental thereto, created by the joint venture. The document creating that lien on a schoolsite shall be written in a manner to clearly prohibit assumption of any state liability resulting from the lien. (e) Notwithstanding subdivision (d), the nondisturbance of subordinate property interests permitted in subdivision (d) shall not permit the foreclosure or other private taking of actual school facilities or property paid for with state funds in a manner that would restrict, terminate, or impair the school facilities portion of the joint venture or the school district’s use thereof. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] SECTION 17063. Source version: id_ceb9efc3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=5. Upon completion of the joint venture agreement pursuant to Section 17062, the school district shall transmit the agreement to the State Allocation Board for final review to determine whether the agreement is consistent with the project approval pursuant to Section 17061. The State Allocation Board shall act to approve or disapprove the complete agreement within 60 days following submission of the complete proposal to the State Allocation Board. The approval or disapproval relates to only the decision by the State Allocation Board to fund the school portion of the joint venture project and is not to be construed as an approval or disapproval of the terms and conditions of the joint venture agreement nor as authority for the school district to act as the agent of the State Allocation Board. The State Allocation Board is not made a party to the joint venture agreement and shall not incur liability under the joint venture agreement through its approval or disapproval of the agreement. The joint venture shall indemnify and hold harmless the State Allocation Board and its officers, agents, and employees from any loss or liability, including reasonable attorneys fees and costs, caused by the joint venture arising out of, or in relation to, any contract entered into by the joint venture in furtherance of the joint venture project. The date of approval by the State Allocation Board of the project shall be the date of funding eligibility for the project. The apportionment of funds for the eligible project shall be made at any point up to four years following the date of funding eligibility subject to the availability of funds for this purpose. If the state funds are not available within that four-year period, the school district may at its option remain in the funding cycle, subject to other provisions of this chapter, until the school district receives all of the funds it is eligible to receive pursuant to this article as of the date of funding eligibility. The district’s eligibility for reimbursement of authorized costs and the district’s position in the processing schedule for the reimbursement shall be established as the date of project approval by the State Allocation Board. The exact amount of the reimbursement shall be determined at the conclusion of the project and shall be based upon the actual subcontract trade bids and other costs allowable pursuant to Section 17019.3. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] SECTION 17064. Source version: id_ceb9efc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=5. The selection of any design professional pursuant to this article shall be made in accordance with Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] SECTION 17065. Source version: id_ceb9efc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=5. The design and construction of school facilities pursuant to this article shall comply with Article 3 (commencing with Section 17280) of Chapter 2 of Part 10.5. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] SECTION 17066. Source version: id_cebb7669-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.&article=5. This article does not affect any requirement of a school district to comply with the prevailing wage requirements of Article 2 (commencing with Section 1770) of Chapter 2 of Part 7 of Division 2 of the Labor Code with respect to the school facilities portion of a joint venture project under this article. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.10. Source version: id_cebe83af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. This chapter shall be known, and may be cited, as the Leroy F. Greene School Facilities Act of 1998. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.15. Source version: id_f7e22192-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. For purposes of this chapter, the following terms have the following meanings, unless a different meaning appears from the context: (a) “Apportionment” means an allocation of funds for the purpose of eligible new construction, modernization, or hardship approved by the board for an applicant school district. (b) “Assessed value” means the dollar value assigned to a property for purposes of measuring applicable taxes. An assessed valuation is used to determine the value of a residence for tax purposes and takes comparable sales of residential buildings and inspections into consideration. (c) “Attendance area” means the geographical area serving an existing high school and those junior high schools and elementary schools included therein. (d) “Authority” means the California School Finance Authority. (e) “Board” means the State Allocation Board as established by Section 15490 of the Government Code. (f) “Committee” means the State School Building Finance Committee established pursuant to Section 15909. (g) “County fund” means a county school facilities fund established pursuant to Section 17070.43. (h) “Department” means the Department of General Services. (i) “Fund” means the applicable 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, established pursuant to Section 17070.40, the 2016 State School Facilities Fund established pursuant to Section 17070.41, or the 2024 State School Facilities Fund established pursuant to Section 17070.42. (j) “Good repair” has the same meaning as specified in subdivision (d) of Section 17002. (k) “Gross bonding capacity” means a school district’s capacity to issue debt. Gross bonding capacity is calculated by multiplying the applicable school district’s total assessed value by the school district’s specified tax cap pursuant to Sections 15102, 15106, 15268, and 15270. (l) “Modernization” means any modification or replacement of a permanent structure that is at least 25 years old, or in the case of a portable classroom, that is at least 20 years old, that will enhance the ability of the structure to achieve educational purposes. (m) “Portable classroom” means a classroom building of one or more stories that is designed and constructed to be relocatable and transportable over public streets, and with respect to a single story portable classroom, is designed and constructed for relocation without the separation of the roof or floor from the building and when measured at the most exterior walls, has a floor area not in excess of 2,000 square feet. (n) “Property” includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this chapter. (o) “Small school district” means a school district with an enrollment of fewer than 2,501 pupils. (p) “School building capacity” means the capacity of a school building to house pupils. (q) “School district” means a school district or a county office of education. For purposes of determining eligibility under this chapter, “school district” may also mean a high school attendance area. (Amended by Stats. 2024, Ch. 81, Sec. 1. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.20. Source version: id_cebe83b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. The Director of General Services shall administer this chapter and shall provide assistance to the board as it requires. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.25. Source version: id_cebe83b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. The department shall first publish applications for funding under this chapter by November 4, 1998, and shall be prepared to receive and expeditiously act upon applications on and after that date. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.30. Source version: id_cebe83b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. The State Allocation Board is continued in existence for the purpose of this chapter. The members of the board and the Members of the Legislature meeting with the board shall have no compensation for their services under this chapter, but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties pursuant to this chapter, to be paid as an administrative expense. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.33. Source version: id_cebe83b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) The board shall adopt guidelines for use by districts by June 30, 1999, to achieve measurable reductions in the costs of school facilities construction. (b) The guidelines shall include, but need not be limited to, all of the following: (1) Mechanisms designed to reduce the costs of professional fees. (2) Mechanisms designed to reduce the costs of site preparation. (3) Recommendations for the use of alternate cost-saving construction materials and methods. (4) Recommendations regarding the joint use of core facilities. (5) Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design. (6) Recommendations regarding the use of cost-effective, efficient reusable facility plans. (c) If a school district’s matching funds include fees charged pursuant to Section 17620 or pursuant to Section 65995.5 or 65995.7 of the Government Code, or if a district receives funds pursuant to this chapter, the district shall consider the guidelines developed pursuant to this section as fully as is practicable. (d) When the board adopts the guidelines, it shall not include any recommendation that would have a significant detrimental effect on educational programs. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.35. Source version: id_cec00a5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Constitution, the board shall do all of the following: (1) Adopt rules and regulations, pursuant to the rulemaking provisions of the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for the administration of this chapter. However, the board shall have no authority to set the level of the fees of any architect, structural engineer, or other design professional on any project. The initial regulations adopted pursuant to this chapter shall be adopted as emergency regulations, and the circumstances related to the initial adoption are hereby deemed to constitute an emergency for this purpose. The initial regulations adopted pursuant to this chapter shall be adopted by November 4, 1998. If the initial regulations are not adopted by that date, the board shall report to the Legislature by that date, explaining the reasons for the delay. (2) Establish and publish any procedures and policies in connection with the administration of this chapter as it deems necessary. (3) Determine the eligibility of school districts to receive apportionments under this chapter. (4) Apportion funds to eligible school districts under this chapter. (b) The board shall review and amend its regulations as necessary to adjust its administration of this chapter to conform with the act that amended this section to add this subdivision. Regulations adopted pursuant to this subdivision shall be adopted by November 5, 2002, and shall be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of any emergency regulation pursuant to this subdivision filed with the Office of Administrative Law shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any emergency regulation adopted pursuant to this section shall remain in effect for no more than 365 days unless the board has complied with Sections 11346.2 to 11348, inclusive, of the Government Code. (Amended by Stats. 2002, Ch. 33, Sec. 2. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.40. Source version: id_72a6abe7-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) (1) A fund is hereby established in the State Treasury to be known as the 1998 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 1998 State School Facilities Fund from any source. (3) The board may make apportionments in amounts not exceeding those funds on deposit in the 1998 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (4) The board may make disbursements pursuant to any apportionment made from any funds in the 1998 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 1998 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (b) (1) A fund is hereby established in the State Treasury to be known as the 2002 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2002 State School Facilities Fund from any source. (3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2002 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (4) The board may make disbursements pursuant to any apportionment made from any funds in the 2002 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2002 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (c) (1) A fund is hereby established in the State Treasury to be known as the 2004 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2004 State School Facilities Fund from any source. (3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2004 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (4) The board may make disbursements pursuant to any apportionment made from any funds in the 2004 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2004 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (d) (1) A fund is hereby established in the State Treasury, to be known as the 2006 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2006 State School Facilities Fund from any source. (3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2006 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (4) The board may make disbursements pursuant to any apportionment made from any funds in the 2006 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2006 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (Amended by Stats. 2006, Ch. 35, Sec. 1. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.41. Source version: id_934fd40a-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. Creation of 2016 State School Facilities Fund. (a) A fund is hereby established in the State Treasury, to be known as the 2016 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (b) The board may apportion funds to school districts for the purposes of this chapter, as it read on January 1, 2015, from funds transferred to the 2016 State School Facilities Fund from any source. (c) The board may make apportionments in amounts not exceeding those funds on deposit in the 2016 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer. (d) The board may make disbursements pursuant to any apportionment made from any funds in the 2016 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2016 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (Added November 8, 2016, by initiative Proposition 51, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.42. Source version: id_ad0083a0-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) A fund is hereby established in the State Treasury, to be known as the 2024 State School Facilities Fund. All money in the fund, including any money deposited in the fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter. (b) The board may make apportionments in amounts not exceeding those funds on deposit in the 2024 State School Facilities Fund, and any amount of bonds authorized by the committee, excluding any amount of refunding bonds authorized by the committee in accordance with Section 101430, but not yet sold by the Treasurer. (c) The board may make disbursements pursuant to any apportionment made from any funds in the 2024 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2024 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. No disbursement shall be made from any funds required by law to be transferred to the General Fund. (Added by Stats. 2024, Ch. 81, Sec. 2. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.43. Source version: id_fe7ea2d4-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) A county school facilities fund is hereby established in the county treasury within each county for each school district in the county. (b) The board may from time to time authorize the Controller to transfer any funds that the board may deem necessary from the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, the 2006 State School Facilities Fund, the 2016 State School Facilities Fund, or the 2024 State School Facilities Fund, as the case may be, to the corresponding county fund in the county treasury. Interest on all funds deposited in the county fund shall be retained in that fund. (c) Funds may be expended from the county fund by the recipient school district for qualifying school facilities expenditures set forth in Sections 17072.35 and 17074.25. (Amended by Stats. 2024, Ch. 81, Sec. 3. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.45. Source version: id_cec00a61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. This chapter shall not be construed to change the powers and duties of the State Department of Education or the Department of General Services with respect to schoolsites and the construction of school buildings as contained in Chapter 1 (commencing with Section 17211) and Chapter 3 (commencing with Section 17251) of Part 10.5. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.46. Source version: id_cec19103-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) For projects funded under this chapter, the following state agencies are deemed not to be the lead agency for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code): (1) The board. (2) The Department of General Services. (3) The Office of the State Architect. (4) The Office of Public School Construction. (5) The State Department of Education, except as appropriate for projects relating to the California School for the Deaf and the California School for the Blind. (b) This section is declaratory of existing law. (Added by Stats. 2002, Ch. 935, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.50. Source version: id_cec19105-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. The board shall not apportion funds to any school district, unless the applicant school district has certified to the board that the services of any architect, structural engineer, or other design professional for any work under the project have been obtained pursuant to a competitive process that is consistent with the requirements of Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code and has obtained the written approval of the State Department of Education that the site selection, and the building plans and specifications, comply with the standards adopted by the department pursuant to subdivisions (b) and (c), respectively, of Section 17251. (Amended by Stats. 1999, Ch. 992, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.51. Source version: id_05258456-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) If any certified eligibility or funding application related information is found to have been falsely certified by school districts, architects, or design professionals, hereinafter referred to as a material inaccuracy, the Office of Public School Construction shall notify the board. (b) The board shall impose the following penalties if an apportionment and fund release has been made based upon information in the project application or related materials that constitutes a material inaccuracy. (1) Pursuant to a repayment schedule that is approved by the board of no more than five years, the school district shall repay to the board, for deposit into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, or the 2024 State School Facilities Fund, as the case may be, an amount proportionate to the additional funding received as a result of the material inaccuracy including interest at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of state general obligation bonds as established pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. (2) The board shall prohibit the school district from self-certifying certain project information for any subsequent applications for project funding for a period of up to five years following the date of the finding of a material inaccuracy or until the district’s repayment of the entire amount owed under paragraph (1). Although a school district that is subject to this paragraph may not self-certify, the school district shall not be prohibited from applying for state funding under this chapter. The board shall establish an alternative method for state or independent certification of compliance that shall be applicable in these cases. The process shall include, but shall not be limited to, procedures for payment by the school district of any increased costs associated with the alternative certification process. (c) For school districts found to have provided material inaccuracies when a funding apportionment has occurred, but no fund release has been made, the board shall direct its staff to reduce the apportionment as necessary to reflect the actual nature of the project and to disregard the inaccurate information or material, and paragraph (2) of subdivision (b) shall apply. (d) For those school districts found to have provided material inaccuracies when no funding apportionment or fund release has been made, the inaccurate information or materials shall not be considered, and paragraph (2) of subdivision (b) applies. The project may continue if the application, minus the inaccurate materials, is still complete. (Amended by Stats. 2024, Ch. 81, Sec. 4. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.52. Source version: id_41891146-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) The State Department of Education shall include in its application for new construction plan approval developed pursuant to the authority established in Section 17070.50 the following questions: “Does the project include a school that will have a career technical education component and classroom space to accommodate that career technical education program? If not, how will the school district meet the needs for career technical education of pupils housed by the proposed new school facilities?” “How is the need for vocational and career technical education facilities, as required pursuant to Section 17070.955 of the Education Code, identified?” (b) The State Department of Education shall maintain the answers to the questions required by subdivision (a) that have been received from applicant school districts in a publicly accessible manner and shall provide a summary of the responses to the Office of Public School Construction on a quarterly basis. The Office of Public School Construction shall post each summary on its Web site as soon as possible after receiving it. (Added by Stats. 2007, Ch. 519, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.53. Source version: id_a441914c-fe61-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) The Office of Public School Construction shall report to the board and the Legislature by March 1, 2015, on efforts to streamline and speed up the award of seismic mitigation funds. (b) The report required to be submitted to the Legislature shall be submitted in accordance with Section 9795 of the Government Code. (c) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. (Added by Stats. 2014, Ch. 39, Sec. 1. (SB 869) Effective June 20, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.54. Source version: id_b4db5142-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) As a condition of participating in the school facilities program, a school district shall submit to the department a five-year school facilities master plan, or updated five-year school facilities master plan, approved by the governing board of the school district. (b) The school facilities master plan submitted pursuant to subdivision (a) shall include information on the school district’s eligibility for state bond funding pursuant to this chapter. (c) The school facilities master plan shall include, but is not limited to, all of the following information: (1) An inventory of existing facilities, sites, and property pursuant to subdivision (d). (2) Existing classroom capacity, as determined pursuant to Sections 17071.10 and 17071.25. (3) Projected enrollment growth for the applicable school district over the next five years, accounting for growth pursuant to Sections 17071.75 and 17071.76. (4) A capital planning budget outlining the applicable school district’s projects. (5) The financing and other funding sources that would be used to support the acquisition of the applicable schoolsite, new construction project, modernization project, and lead testing and remediation projects. (6) Verification of the applicable school district’s current assessed value from the appropriate local government entity that collects and maintains this information. (7) The school district’s deferred maintenance plan certified pursuant to Section 17070.75. (8) A narrative describing how the school facilities master plan is consistent with the goals, actions, and services identified in the school district’s local control and accountability plan for the first state priority, as described in paragraph (1) of subdivision (d) of Section 52060, as it relates to school facilities. (d) The department, in consultation with the State Department of Education, shall develop guidelines that school districts may use to guide the development of the school facilities master plan required as a condition of participating in the school facilities program. The department, in consultation with the State Department of Education, shall develop guidelines or standards that school districts shall use to develop and submit the inventory required pursuant to paragraph (1) of subdivision (c) for every school in the school district, including, but not limited to, all of the following: (1) The year each building at the school that is currently used for instructional purposes was constructed. (2) The square footage of each building that is currently used for instructional purposes. (3) The year, if any, each building that is currently used for instructional purposes was last modernized. (4) The pupil capacity of the school. (5) The age and number of portable buildings at the school. (6) Whether the school has any of the following: (A) A cafeteria or multipurpose room. (B) A library. (C) A gymnasium. (e) The Controller shall include the instructions necessary to verify that all of the required components of this section are reflected in a participating school district’s school facilities master plan in the audit guide required by Section 14502.1, as part of the audit procedures required pursuant to Section 41024. (f) The school district shall update its school facilities master plan to reflect any changes in enrollment, capacity, or other areas, as appropriate for purposes of participating in the school facilities program. (Added by Stats. 2024, Ch. 81, Sec. 5. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.55. Source version: id_cec317a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. Upon request of any school district, the State Department of Education shall provide assistance in the evaluation and utilization of existing school facilities and the justification of the need for schoolsites, new facilities, and the rehabilitation or replacement of existing facilities, in accordance with board regulations. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.59. Source version: id_bcaf8f34-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. For purposes of determining the points used to compute the required matching funds from local sources applied pursuant to Sections 17072.30 and 17074.16, the department shall compute the sum of the following point computations applicable to each school district: (a) For each school district, the department shall divide the district’s gross bonding capacity by the district’s total enrollment, as determined for purposes of this chapter. (1) A school district determined to have a gross bonding capacity per enrollment of zero dollars ($0) to nine thousand nine hundred ninety-nine dollars ($9,999), inclusive, shall receive four points. (2) A school district determined to have a gross bonding capacity per enrollment of ten thousand dollars ($10,000) to nineteen thousand nine hundred ninety-nine dollars ($19,999), inclusive, shall receive three points. (3) A school district determined to have a gross bonding capacity per enrollment of twenty thousand dollars ($20,000) to fifty-four thousand nine hundred ninety-nine dollars ($54,999), inclusive, shall receive two points. (4) A school district determined to have a gross bonding capacity per enrollment of fifty-five thousand dollars ($55,000) or more shall receive one point. (b) (1) For each school district, the department shall identify each district’s unduplicated pupil percentage as determined for purposes of the local control funding formula pursuant to Section 42238.02. (2) (A) A school district determined to have an unduplicated pupil percentage of between 75 percent and 100 percent shall receive eight points. (B) A school district determined to have an unduplicated pupil percentage of between 50 percent and 74.99 percent shall receive six points. (C) A school district determined to have an unduplicated pupil percentage of between 25 percent and 49.99 percent shall receive four points. (D) A school district determined to have an unduplicated pupil percentage that is 24.99 percent or less shall receive two points. (c) A school district that has a pupil enrollment of 200 pupils or fewer shall receive two points. (d) (1) A school district project that includes the use of a project labor agreement shall receive two points. (2) For purposes of this subdivision, “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (e) The department shall draft regulations for consideration by the board to further clarify the requirements of this section. (Added by Stats. 2024, Ch. 81, Sec. 6. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.60. Source version: id_cec317ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. Funding decisions made by the board shall not, in themselves, make the board liable for any tort, breach of contract, or any other action for damages caused by a school district arising from new construction or modernization by the district. These contracts include, but are not limited to, contracts between the school district and its construction contractors, construction managers, architects, or engineers. The school district shall be liable for all torts, breaches of contract, or any other actions for damages caused by the school district. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.63. Source version: id_cec317ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) The total funding provided under this chapter shall constitute the state’s full and final contribution to the project and for eligibility for state facilities funding represented by the number of unhoused pupils for which the school district is receiving the state grant. As a condition of receipt of funds, a school district shall certify that the grant amount, combined with local funds, shall be sufficient to complete the school construction project for which the grant is intended. (b) Any funds provided to a school district under any article in this chapter may not be counted towards the local match for receipt of funds under any other article in this chapter. (c) Any savings achieved by the district’s efficient and prudent expenditure of these funds shall be retained by the district in the county fund for expenditure by the district for other high priority capital outlay purposes. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.65. Source version: id_cec317af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. From any moneys in one of the funds established pursuant to Section 17070.40, as appropriate, and approved for this purpose in the annual Budget Act, the board shall make available to the Director of General Services the amounts that the board determines necessary for the Department of General Services to provide the assistance, pursuant to this chapter, required pursuant to Section 15504 of the Government Code to facilitate the construction, modernization, reconstruction, or alteration of, or addition to, school buildings. (Amended by Stats. 2002, Ch. 33, Sec. 6. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.70. Source version: id_cec317b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) Title, including, but not limited to, any leasehold interest as set forth in subdivision (c), to all property acquired, constructed, or improved with funds made available under this chapter shall be held by the school district to which the board grants the funds. Title, as defined solely for the purpose of a school district’s eligibility to receive funds from the board pursuant to this chapter shall include an order for prejudgment possession issued by a court in an eminent domain proceeding. (b) The applicant school district shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to, school buildings. (c) Notwithstanding Section 17009.5, construction or modernization funds made available pursuant to this chapter may be expended upon property that is leased to the applicant school district only if the project qualified for and received approval by the board, prior to November 4, 1998, pursuant to Article 4 (commencing with Section 17055), of Chapter 12. (Amended by Stats. 2002, Ch. 33, Sec. 7. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.71. Source version: id_cec317b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) Notwithstanding subdivision (a) of Section 17070.70, new construction or modernization funded pursuant to this chapter may be upon real property leased to the applicant school district if all of the following conditions are met: (1) The property is leased from another governmental entity. (2) The term of the lease is for at least 40 years after approval of the project under this chapter, or the school district has a lease for at least 25 years on federal property. The board may authorize a lesser term, of not less than 30 years only if the board finds that granting an exception to this requirement would be in the state’s best interest. (b) The applicant school district, and the facility on leased land, if any, shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to, schoolsites and school buildings. (c) Lease costs are not eligible project or site acquisition costs under this chapter. (Added by Stats. 2000, Ch. 530, Sec. 1. Effective September 19, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.73. Source version: id_cec317b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) A school district may claim the entire pupil attendance of a charter school that is physically located within its geographical jurisdiction, within the per-pupil eligibility calculation in support of a project for school facilities pursuant to this chapter. (b) A school district shall not include the attendance of pupils attending a charter school that is physically located outside of the geographical jurisdiction of the school district, within the per-pupil eligibility calculation in support of an application for a project pursuant to this chapter. (c) The requirements and conditions for funding charter school facilities in this section and in Article 12 (commencing with Section 17078.50) are intended to regulate only the funding of facilities under this chapter, and are not intended to expand, narrow, or raise any inference regarding, the nature or scope of any other law that is applicable to charter school governance, organization, or operation. (d) Subdivisions (a) and (b) apply only to projects funded with the proceeds of state bonds approved by the voters after January 1, 2002. (Added by Stats. 2002, Ch. 935, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.75. Source version: id_d90b7715-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) The board shall require the school district to make all necessary repairs, renewals, and replacements to ensure that a project is at all times maintained in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the school district. (b) In order to ensure compliance with subdivision (a) and to encourage school districts to maintain all buildings under their control, the board shall require an applicant school district to do all of the following before the approval of a project: (1) Establish a restricted account within the general fund of the school district for the exclusive purpose of providing moneys for ongoing and major maintenance of school buildings, according the highest priority to funding for the purposes set forth in subdivision (a). Funds in the account may be used for drought mitigation purposes related to the implementation of Executive Order B-29-15. (2) (A) Agree to deposit into the account established pursuant to paragraph (1), in each fiscal year for 20 years after receipt of funds under this chapter, a minimum amount equal to or greater than 3 percent of the total general fund expenditures of the applicant school district, including other financing uses, for that fiscal year. (B) Notwithstanding subparagraph (A), for the 2015–16 and 2016–17 fiscal years, the minimum amount required to be deposited into the account established pursuant to paragraph (1) shall be the lesser of the following amounts: (i) Three percent of the total general fund expenditures for that fiscal year. (ii) The amount that the school district deposited into the account in the 2014–15 fiscal year. (C) Notwithstanding subparagraph (A), for the 2017–18 to 2019–20 fiscal years, inclusive, the minimum amount required to be deposited into the account established pursuant to paragraph (1) shall be the greater of the following amounts: (i) The lesser of 3 percent of the general fund expenditures for that fiscal year or the amount that the school district deposited into the account in the 2014–15 fiscal year. (ii) Two percent of the total general fund expenditures of the applicant school district for that fiscal year. (D) A school district contribution to the account may be provided in lieu of meeting the ongoing maintenance requirements pursuant to Section 17014 to the extent the funds are used for purposes established in that section. A school district that serves as the administrative unit for a special education local plan area may elect to exclude from its total general fund expenditures, for purposes of this paragraph, the distribution of revenues that are passed through to participating members of the special education local plan area. (E) This paragraph applies only to the following school districts: (i) High school districts with an average daily attendance greater than 300 pupils. (ii) Elementary school districts with an average daily attendance greater than 900 pupils. (iii) Unified school districts with an average daily attendance greater than 1,200 pupils. (F) It is the intent of the Legislature that a school district shall be required to comply with the requirements of subparagraph (A) in the year in which the local control funding formula is fully implemented. (3) Certify that it has publicly approved an ongoing and major maintenance plan that outlines the use of the funds deposited, or to be deposited, pursuant to paragraph (2). The plan may provide that the school district need not expend all of its annual allocation for ongoing and major maintenance in the year in which it is deposited if the cost of major maintenance requires that the allocation be carried over into another fiscal year. However, any state funds carried over into a subsequent year may not be counted toward the annual minimum contribution by the school district. (c) A school district to which paragraph (2) of subdivision (b) does not apply shall certify to the board that it can reasonably maintain its facilities with a lesser level of maintenance. (d) For purposes of calculating a county office of education requirement pursuant to this section, the applicable maintenance requirement specified in paragraph (2) of subdivision (b) shall be based upon the county office of education general fund less any restricted accounts. (e) (1) This subdivision shall only apply to a school district that received funds pursuant to this chapter equal to or greater than 10 percent of the State School Facilities Funds of 1998, 2002, 2004, and 2006. (2) Notwithstanding subparagraphs (B) and (C) of paragraph (2) of subdivision (b), a school district shall comply with the requirements of subparagraph (A) of paragraph (2) of subdivision (b) if the amount available in any fiscal year for the public school system pursuant to Section 8 of Article XVI of the California Constitution is equal to or greater than the amount available in the prior fiscal year, unless a school district has locally negotiated an alternative minimum annual deposit percentage in a collective bargaining agreement with the representatives of the school district’s skilled crafts employees. (3) Under no circumstances shall a school district deposit less than the amounts required in subparagraphs (B) and (C) of paragraph (2) of subdivision (b). (4) This subdivision shall be operative from July 1, 2015, until June 30, 2020. (f) As a condition of participation in the school facilities program, for a fiscal year after the 2004–05 fiscal year, a school district shall establish a facilities inspection system to ensure that each of its schools is maintained in good repair. (g) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002. (Amended by Stats. 2015, Ch. 386, Sec. 9. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.755. Source version: id_cec49e59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. A priority for the use of funds in the restricted account established pursuant to Section 17070.75, shall be to ensure that facilities, including, but not limited to, restroom facilities for pupils, are functional and that they meet local hygiene standards generally applicable to public facilities. (Added by Stats. 2003, Ch. 358, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.76. Source version: id_cec49e5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. Notwithstanding Section 17070.75, for the 2003–04 fiscal year, the board shall only require a school district to deposit into the account established pursuant to paragraph (1) of subdivision (b) of Section 17070.75 an amount equal to 2 percent of the total expenditures by a district from its general fund in the 2003–04 fiscal year. (Added by Stats. 2003, Ch. 227, Sec. 8. Effective August 11, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.766. Source version: id_1738881b-5aa1-11e0-b315-b1f3921b499b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. Notwithstanding paragraph (2) of subdivision (b) of Section 17070.75, for the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the board shall require a school district to deposit into the account established pursuant to paragraph (1) of subdivision (b) of Section 17070.75 only an amount equal to 1 percent of the total expenditures by a district from its general fund in the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years respectively, but if the school district maintains its facilities in good repair, as defined in Section 17002, it shall be exempt from this 1 percent requirement. A school district may elect to deposit into the account an amount that is greater than the amount required by the board pursuant to this section. (Amended by Stats. 2011, Ch. 7, Sec. 16. (SB 70) Effective March 24, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.77. Source version: id_cec49e5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) For each project funded after January 1, 2002, the board shall require the applicant school district governing board to certify, as part of the school district’s annual budget process and beginning in the fiscal year in which the project is funded by the state, that it is in compliance with the plan adopted pursuant to paragraph (3) of subdivision (b) of Section 17070.75 for completing major maintenance requirements for the project. (b) For purposes of this chapter, the term “major maintenance” means all actions necessary to keep roofing, siding, painting, floor and window coverings, fixtures, cabinets, heating and cooling systems, landscaping, fences, and other items designated by the governing board of the school district in good repair. (c) The board shall require the school district’s governing board to certify that the plan includes and is being implemented with all of the following components: (1) Identification of the major maintenance needs for the project. (2) Specification of a schedule for completing the major maintenance. (3) Specification of a current cost estimate for the scheduled major maintenance needs. (4) Specification of the school district’s schedule for funding a reserve to pay for the scheduled major maintenance needs. (5) Review of the plan annually, as a part of the school district’s annual budget process, and update, as needed, the major maintenance needs, the estimates of expected costs, and any adjustments in funding the reserve. (6) Availability for public inspection of the original plan, and all updated versions of the plan, at the office of the superintendent of the school district during the working hours of the school district. (7) Provision in the school district’s annual budget for the reserve that contains the total funding available for scheduled major maintenance needs as specified in the updated plan, and an explanation if this amount of the reserve is less than that specified in the updated plan. (Added by Stats. 2001, Ch. 194, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.80. Source version: id_cec49e5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) All school facilities purchased or newly constructed pursuant to this chapter for use, in whole or in part, by pupils who are individuals with exceptional needs, as defined in Section 56026, shall be designed and located on the schoolsite so as to maximize interaction between those individuals with exceptional needs and other pupils as appropriate to the needs of both. (b) The governing board of each applicant school district and the county office of education shall ensure that school facilities for pupils who are individuals with exceptional needs are integrated with other school facilities. (c) The State Allocation Board, after consultation with the State Department of Education and representatives from county offices of education, special education services regions, and school districts, shall develop and adopt any regulations necessary to implement this section. (d) Notwithstanding any other provision of law, the requirement set forth in subdivision (a) may be waived, by the Superintendent of Public Instruction, only upon compliance with the following procedure: (1) The applicant school district or county superintendent of schools shall file a written request for waiver that documents the reasons for its inability to comply with the requirement. (2) The State Department of Education shall verify the reasons set forth pursuant to paragraph (1), including the documentation submitted, which verification shall be completed no later than 30 days after the filing of the request for waiver with the Superintendent of Public Instruction. (3) The Advisory Commission on Special Education, as established under Section 33590, at its first scheduled meeting following the verification conducted pursuant to paragraph (2), shall review the request for waiver, accompanying documentation, and the verification findings of the State Department of Education. No later than 15 days following the date of that meeting, the commission shall submit its written comments and recommendations regarding the request for waiver to the Superintendent of Public Instruction. (4) The Superintendent of Public Instruction shall review the comments and recommendations submitted by the Advisory Commission on Special Education prior to approving or rejecting the request for waiver. (5) Any request for waiver, submitted in accordance with this section, that is not rejected within 60 days of its receipt by the State Department of Education, shall be deemed approved. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.85. Source version: id_cec62501-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. Notwithstanding any other provision of law, a lien recorded on school district property that has been imposed pursuant to Section 16019 or 17030 shall be released on the operative date of this section. The release shall conclusively protect any third party relying upon the same, and shall be acknowledged to permit recordation by the county recorder. On and after November 4, 1998, a lien may not be imposed pursuant to Section 16019 or Section 17030. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.87. Source version: id_c3dc1b76-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. New construction and modernization applications submitted before October 31, 2024, shall be processed and apportioned in accordance with this chapter, as it read on January 1, 2024. (Added by Stats. 2024, Ch. 81, Sec. 7. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.90. Source version: id_cec62503-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. As a part of its application, a school district shall certify that it has considered the feasibility of the joint use of land and facilities with other governmental entities in order to minimize school facilities costs. Funds provided pursuant to this chapter for growth and modernization may be used for the school portion of joint-use facilities. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.95. Source version: id_cec62505-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. As a part of its application for large construction and modernization projects, a school district shall certify, in consultation with the career technical education advisory committee established pursuant to Section 8070, that it has considered the need for vocational and career technical facilities to adequately meet its program needs consistent with Section 51224, subdivision (b) of Section 51225.3, and Section 52336.1. The board shall adopt regulations necessary for administration of this section. (Added by Stats. 2002, Ch. 33, Sec. 8. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.955. Source version: id_2dd2b58c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. In conjunction with an application of a school district for any construction or modernization project, and as a condition of the district receiving funds for the project, the career technical education advisory committee for the district shall provide written confirmation that the need for vocational and career technical facilities is being adequately met within the district consistent with Section 51224, subdivision (b) of Section 51225.3, subdivision (b) of Section 51228, and Section 52336.1. (Added by Stats. 2006, Ch. 778, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.96. Source version: id_733cf879-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. As part of its application for funding under this chapter, a school district shall certify that it has considered the feasibility of using designs and materials for the construction or modernization project that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools. (Added by Stats. 2006, Ch. 35, Sec. 2. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.965. Source version: id_bb97140e-fe61-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. On or after January 1, 2015, the board shall not approve funding for incentive grants to promote the use of designs and materials in new construction and modernization projects that include the attributes of high-performance schools, including, but not limited to, the elements set forth in Section 17070.96. (Added by Stats. 2014, Ch. 39, Sec. 2. (SB 869) Effective June 20, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.97. Source version: id_cec62507-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. The board shall require the school district to insure against public liability or property damage in connection with any facility constructed or modernized with an apportionment under this chapter. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.98. Source version: id_cec62509-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. A school district that does not have employees who possess adequate construction management experience may contract for the provision of construction management, and may use funds provided pursuant to Article 4 (commencing with Section 17072.10), Article 5 (commencing with Section 17072.20), and Article 7 (commencing with Section 17074.10) for the cost of those services as expressly authorized by Section 17072.35 and Section 17074.25. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 1. General Provisions [17070.10 - 17070.99] SECTION 17070.99. Source version: id_d08faf51-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=1. (a) The board shall conduct an evaluation on the cost of new construction and modernization of small high schools in conjunction with the pilot program established pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005. (b) The State Department of Education shall conduct an evaluation that focuses on pupil outcomes, including, but not limited to, academic achievement and college attendance rates, at the small high schools constructed pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005, and on the reasons school districts do not currently opt to build small high schools. (c) The evaluations required pursuant to subdivisions (a) and (b) shall be completed no later than two years after the opening of the last small high school constructed pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005. (d) The evaluations conducted pursuant to subdivisions (a) and (b) shall be used to inform the direction of future school facilities construction and related bond measures. (Added by Stats. 2004, Ch. 894, Sec. 3. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 10. School Project Safety Components [17077.10- 17077.10.] SECTION 17077.10. Source version: id_ced874f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=10. (a) It is a goal of the Legislature to eventually enhance pupil safety by equipping all elementary and secondary school classrooms with a telephone hook connected to a public switched network. (b) The Legislature finds and declares that as of 1999, there are approximately 205,000 classrooms in California’s elementary and secondary schools and only a small, undetermined percentage of these classrooms have telephones. The Legislature finds and declares that in order to protect the safety of pupils, schools should be integrated into local emergency, information, and interagency health and safety, networks with up-to-date telecommunications systems. Connection to these systems would also facilitate community and parent interaction with teachers and schools, and thereby further enhance pupil safety. (c) “School building” as used in this section means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program, established by or authorized to act by any agreement under joint exercise of power, or by the United States government, or any agency thereof. This definition includes any fabrication, construction, or alteration of a relocatable school building. (d) Commencing with applications submitted on or after January 1, 2000, any school district applying for funding pursuant to this chapter shall include in its plans and specifications for the construction or fabrication of a new or modernized school building, that includes the construction or fabrication of new or modernized classrooms, a hard-wired connection to a public switched telephone network in each new or modernized classroom. However, a school district may meet this requirement by utilizing wireless technology equal to a hard-wired connection to a public switched telephone network. (Added by Stats. 1999, Ch. 709, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 10.5. Energy Efficiency [17077.30 - 17077.35] SECTION 17077.30. Source version: id_ced874f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=10.5. (a) As part of the requirements for submission of an application to the State Allocation Board for funding pursuant to this chapter for any new construction or modernization project, the applicant school district may, at the time of submission of the final drawings to the Division of the State Architect, certify that an energy analysis and report has been prepared that sets forth the utility savings that would be generated if the facilities were designed, constructed, and equipped, with the energy efficiency and renewable technologies that would make the facilities exceed the minimum building energy-efficiency standards mandated for new public buildings pursuant to the latest edition of the California Building Standards Code through the use of energy efficiency and renewable energy technologies. (b) The energy analysis and report shall include a verifiable life-cycle cost analysis for each proposed energy conservation measure and renewable energy that may include, but need not be limited to, photovoltaic parking lot and security lighting, and solar swimming pool and domestic water heating, showing a return on investment of less than 15 years. (c) The cost of the energy analyses and reports shall not exceed: (1) Seven thousand five hundred dollars ($7,500) per project for elementary schools. (2) Ten thousand dollars ($10,000) per project for middle schools. (3) Fifteen thousand dollars ($15,000) per project for high schools. (d) An applicant school district may count the following funds or expenditures toward meeting the local matching funds requirement under this chapter: (1) The amount from any local sources actually expended on the project by the applicant school district for an energy audit. (2) The amount actually applied to the project from any incentive, grant, or rebate, received by the applicant school district from a program funded pursuant to Section 381 of the Public Utilities Code. (Added by renumbering Section 17077.10 (as added by Stats. 1999, Ch. 981) by Stats. 2002, Ch. 33, Sec. 21. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 10.5. Energy Efficiency [17077.30 - 17077.35] SECTION 17077.35. Source version: id_407bcb58-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=10.5. (a) An applicant school district may include plan design and other project components that promote school facility energy efficiency approaching the ultimate goal of school facility energy self-sufficiency and pollution reduction, and may seek a grant adjustment for the state’s share of the increased costs associated with those components. (b) Energy efficiency components that enable school facilities to advance state energy goals and adapt to higher average temperatures that pose a threat to the health and safety of pupils and staff are eligible for inclusion into a project pursuant to this section, including, but not limited to, all of the following: (1) Electric heating, ventilation, and air conditioning (HVAC), school kitchen equipment, and water heating. (2) The use of ground source temperatures for heating and cooling. (3) Energy and water conservation, load reduction, peak-load shifting, and building energy efficiency measures. (4) Solar water heating technologies. (5) Onsite renewable energy and storage, such as photovoltaics and battery storage, microgrid controllers, and service panel upgrades. (6) Shade structures and the conversion of ground and rooftop surfaces to materials with low absorption and reflection of heat, which may include, but are not limited to, natural surfaces. (c) In order to be eligible for the grant adjustment pursuant to this section, the building proposed for the project, including the energy-efficiency and renewable energy measures used pursuant to this section, shall exceed the nonresidential building energy-efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations. The applicant shall certify that the cost for the project exceeds the amount of funding otherwise available to the applicant under this chapter. (d) The board shall provide an applicant for a new construction or modernization project with a grant adjustment to provide an increase not to exceed 5 percent of its state grants authorized by Sections 17072.10 and 17074.10 for the state’s share of costs associated with design, purchase, and installation related to school facility energy efficiency as set forth in this article. (e) The board may adopt regulations for purposes of this section. (Amended by Stats. 2024, Ch. 81, Sec. 21. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] SECTION 17077.40. Source version: id_ced9fb9d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=10.6. (a) With funds made available for the purposes of this article, the board may provide a grant to fund joint-use projects to construct facilities on kindergarten to grade 12, inclusive, schoolsites. (b) A school district may apply to the board for funding under this article for a project that meets any of the following criteria: (1) The joint-use project is part of an application for new construction funding under this chapter, and will increase the size or extra cost associated with the joint use of the proposed multipurpose room, gymnasium, child care facility, library, or teacher education facility beyond that necessary for school use. (2) The joint-use project proposes to either reconfigure existing school buildings or construct new school buildings, or both, to provide for a multipurpose room, a gymnasium, a library, a child care facility, or a teacher education facility and the project will be located at a school that does not have the type of facility for which funds are requested or the existing facility is inadequate. (3) The joint-use project proposes to either reconfigure existing school buildings or construct new school buildings, or both, to provide for facilities to improve pupil academic achievement, and the plans for the facility were accepted for review and approval by the department prior to January 1, 2004. (Amended by Stats. 2003, Ch. 587, Sec. 4. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] SECTION 17077.42. Source version: id_9f6447ec-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=10.6. In order to be approved for a grant under this article, the applicant district shall demonstrate that it has complied with all of the following: (a) The school district has entered into a joint-use agreement with a governmental agency, public community college, public college or public university, or a nonprofit organization approved by the board. (b) The joint-use agreement specifies the method of sharing capital and operating costs, specifies relative responsibilities for the operation and staffing of the facility, and specifies the manner in which the safety of the pupils will be ensured. (c) The joint-use agreement specifies the amount of the contribution to be made by the school district and the joint-use partner toward the 50-percent local share of eligible project costs. The contribution made by a joint-use partner shall be no less than 25 percent of eligible project costs, unless the school district has passed a local bond which specifies that proceeds of sale of the bonds are to be used for the joint-use project, in which case the school district may opt to provide up to the full 50-percent local share of eligible costs. (d) The school district demonstrates that the facility will be used to the maximum extent possible for both school and community purposes, or both school and higher education purposes, as applicable. (e) (1) The project application qualifies for funding under paragraph (1) of subdivision (b) of Section 17077.40 and the school district has received all approvals necessary for apportionment under this chapter. (2) The project qualifies for funding under paragraph (2) or (3) of subdivision (b) of Section 17077.40 and the school district has completed preliminary plans for the project and has received State Department of Education approval of the plans. (Amended by Stats. 2007, Ch. 130, Sec. 52. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 10.6. Joint-Use Facilities [17077.40 - 17077.45] SECTION 17077.45. Source version: id_d54ff691-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=10.6. (a) The board shall establish standards for determining the amount of the supplemental grant funding to be made available for each project under this article. (1) For a project application qualifying for funding under paragraph (1) of subdivision (b) of Section 17077.40, the supplemental grant shall be in the form of an adjustment to the per-pupil eligibility of the project. This per-pupil eligibility adjustment shall be calculated to cover costs associated with the project that are uniquely related to the joint-use nature of the project, including, but not limited to, any increased costs associated with planning the joint-use aspect of the project. (2) For a project application qualifying under paragraph (2) or (3) of subdivision (b) of Section 17077.40, the supplemental grant may be provided without regard to the existence of per-pupil eligibility pursuant to this chapter, and may be expressed on a per-square-foot cost basis, on a per-pupil cost basis, or on a per-project cost basis. (b) Notwithstanding any other provision of this chapter, project costs may exceed the board’s standards established pursuant to subdivision (a) only if the excess is paid completely by local or joint-use partner sources. (c) On July 1 of each year the board shall apportion to qualifying applicant school districts those funds that it determines are available for the purpose of this article. The board shall not release funds to a qualifying applicant until the project plans have received all approval required pursuant to this chapter, including, but not limited to, the approval of the Division of the State Architect. If the project does not receive all necessary plan approvals within one year of the date of the apportionment, the board shall rescind the apportionment. (d) If the total funding for the purposes of this article is not sufficient to fund all of the joint-use projects for funding under this article, the board shall first fund projects eligible under paragraphs (1), (2), and (3) of subdivision (b) of Section 17077.40 in that order. The board may establish other priority standards within that order, as necessary. (e) Except as expressly provided in this article, projects funded pursuant to this article shall comply with all other requirements of this chapter, except for Article 11 (commencing with Section 17078.10), which shall apply only to projects under this article if they also qualify for funding under Article 11 (commencing with Section 17078.10). (Amended by Stats. 2004, Ch. 183, Sec. 56. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 10.7. Testing and Remediation of Lead Levels in Water at Schoolsites [17077.60- 17077.60.] SECTION 17077.60. Source version: id_8fd837d4-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=10.7. (a) (1) With funds made available for this purpose, the board shall provide a grant to test for lead in water outlets used for drinking or preparing food on schoolsites serving kindergarten or any of grades 1 to 12, inclusive, that were constructed before January 1, 2010, and for the remediation of any water outlets with lead levels in excess of 15 parts per billion. (2) The board shall release disbursements to school districts with approved applications for purposes of this article, to the extent state funds are available, consistent with the applicable school district’s local and state contribution percentages determined pursuant to Section 17074.16. Subject to the availability of funds, the board shall apportion funds to an eligible school district only upon review of evidence that the required local matching funds, for the applicable school district determined pursuant to Section 17074.16, have been expended by the school district for the project, have been deposited in the county fund, or will be expended by the school district by the time of completion of the project, and upon review of evidence that the school district has entered into a binding contract for the completion of that project. (b) (1) A school district that applies for funding to test lead levels in water outlets used for drinking or preparing food shall be required to test all outlets on the schoolsite, except outlets that have been tested or replaced since January 1, 2010. (2) A school district shall provide the test results to the Office of Public School Construction and the community water system that serves the school district. (c) (1) A school district may request a grant for the replacement of a water outlet used for drinking or preparing food if the test results indicate lead levels for that water outlet exceed 15 parts per billion. (2) Additional testing shall be required upon completion of the remediation efforts specified in paragraph (1) to ensure that lead levels have fallen below 15 parts per billion. (d) The board shall establish funding cycles for allocation of funds. If funds are available at the conclusion of the funding cycles, the board may adopt regulations to provide grants to replace any pipes or fixtures that are contributing to the elevated lead levels if lead levels do not fall below 15 parts per billion after additional testing has been performed, as specified in paragraph (2) of subdivision (c). (e) The board may consider setting a maximum amount on the grant to be provided for testing and remediation. (Added by Stats. 2024, Ch. 81, Sec. 22. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.10. Source version: id_cedb8245-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. (a) There is hereby established the Critically Overcrowded School Facilities Program to be administered by the board. (b) For the purposes of this article, “preliminary application” means an application for a preliminary apportionment pursuant to this article. (c) For the purposes of this article, “preliminary apportionment” means an apportionment made for eligible applicants with critically overcrowded schools in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. (d) For the purposes of this article, “final apportionment” has the same meaning as “apportionment” as set forth in subdivision (a) of Section 17070.15. (e) There is hereby established the 2002 Critically Overcrowded School Facilities Account within the 2002 State School Facilities Fund, and the 2004 Critically Overcrowded School Facilities Account within the 2004 State School Facilities Fund, for the purposes of this article. Funds reserved for the purposes of this article shall be placed in those accounts, as appropriate, and shall be available exclusively for projects eligible under this article until the funds are made available for other purposes of this chapter pursuant to Section 17078.30. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.15. Source version: id_cedb8247-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. (a) Unless this article expressly provides otherwise, the provisions contained in the other articles of this chapter shall apply with equal force to a project funded under this article. This article shall control over the provisions of this chapter contained in other articles only to the extent that this article expressly conflicts with those provisions. (b) This article shall apply only to a project that is otherwise eligible under this chapter and that meets both of the following criteria: (1) The project meets the criteria set forth in Section 17078.18. (2) The project is to be funded from the proceeds of state bonds approved by the voters at the November 5, 2002, statewide general election, or the 2004 direct primary election or the 2004 statewide general election, as the case may be, that were expressly reserved in the bond act or acts for the purposes set forth in this article. (c) The state share of project costs and the state per-unhoused-pupil new construction apportionments for programs eligible under this article shall be equal to the share and amounts otherwise provided by the board pursuant to this chapter, including, but not limited to, any applicable adjustments or supplements otherwise authorized pursuant to this chapter. (d) A school district that elects to utilize per-unhoused-pupil eligibility pursuant to this chapter to support a project pursuant to this article, shall not simultaneously utilize that same eligibility to support any other application pursuant to this chapter. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.18. Source version: id_cedb8249-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. Projects funded under this article shall meet all of the following criteria: (a) The project is a new construction project to build new pupil capacity to relieve overcrowding. (b) The proposed school facility shall be located in the proposed general location, as set forth in Section 17078.22, of the school or schools that have the conditions and pupils that establish the eligibility pursuant to this article as set forth in subdivision (c). (c) At least 75 percent of the projected pupil occupancy of the project facilities shall come from a source school or source schools that have a site pupil population density greater than 115 pupils per acre in grades kindergarten to six, inclusive, or a site pupil population density greater than 90 pupils per acre in grades seven to 12, inclusive, as determined by the Superintendent of Public Instruction using enrollment data from the California Basic Educational Data System for the 2001–02 school year. For source schools with grades that include a combination of kindergarten to six, inclusive, and seven to 12, inclusive, the controlling source schoolsite pupil population density shall be the one applicable to the grade levels in which the majority of the pupils are enrolled at the source school. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.20. Source version: id_cedd08eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. (a) The board shall disseminate information to school districts regarding the availability of funding pursuant to this article and the appropriate deadlines for applications. (b) Applicants for funding pursuant to this article shall submit preliminary applications to the board. (c) The preliminary applications shall be submitted by May 1, 2003, for projects to be funded with the proceeds of bonds approved by the voters at the November 5, 2002, statewide general election. (d) Preliminary applications shall be accepted by the board during the period between 60 days before and 120 days after, the 2004 direct primary election, or the 2004 statewide general election, as appropriate for projects to be funded with the proceeds of bonds approved by the voters at the 2004 direct primary election, or the 2004 statewide general election, as appropriate. (e) If funds are insufficient to fully fund all of the preliminary applicants, the board shall apportion first to those projects that would house pupils from source schools with the highest pupil density levels relative to the State Department of Education standards. (Amended by Stats. 2002, Ch. 935, Sec. 12. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.22. Source version: id_cedd08ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. (a) The preliminary applications shall do all of the following: (1) Establish per-unhoused-pupil eligibility as set forth in Article 3 (commencing with Section 17071.75). (2) Identify the unhoused pupil population that the proposed project will serve by determining the number of pupils to be served and the likely source school or schools from which the pupils population will be drawn. (3) Identify the proposed general location of the needed new facilities pursuant to any of the following: (A) Within that portion of the attendance area from which one or more elementary schools that would be a source of the per-pupil eligibility for the proposed facility draws its enrollment, or within a one-mile radius of a source school, or within a one-mile radius of any one of the source schools if there are more than one, whichever is greater. (B) Within the attendance area of a high school, middle school, or junior high school that would be a source of the per-pupil eligibility for the proposed facility or within a three-mile radius of a source school, or within a three-mile radius of any one of the source schools if there are more than one, whichever is greater. (4) Estimate the total facility cost on a per-pupil basis and estimate the total site acquisition and development costs pursuant to the regulations adopted pursuant to subdivision (c) of Section 17078.24. (b) The State Department of Education may grant a variance from the distance maximums set forth in paragraph (3) of subdivision (a) if the school district demonstrates to the satisfaction of the department that the variance is necessary in order to adequately provide facilities for the identified source school pupils. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.24. Source version: id_cedd08ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. (a) On the basis of the preliminary application and upon confirmation by the board of the applicant’s eligibility, the board shall in a timely manner make a preliminary apportionment for applicants under this article exclusively from funds reserved expressly for the purposes of this article. (b) Preliminary apportionments for site development and acquisition included in the preliminary application pursuant to subdivision (a) of Section 17078.22 shall be based either on the preliminary appraisal, if available, or on the median costs of appropriately sized parcels within the qualifying area, as determined by the board. (c) Preliminary apportionments shall include the total estimated state costs of the project, including, but not limited to, site acquisition and development costs related to evaluations and elimination of hazardous materials, an inflation factor, any applicable excess cost allowances, and hardship costs, if any. The board shall adopt regulations establishing standards and methods for setting these costs and for making related estimates. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.25. Source version: id_cedd08f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. (a) Within the maximum time period set forth in Section 17078.30, the applicant shall have a period of up to four years from the date of the preliminary apportionment in which to complete the application for final apportionment. (b) The applicant may request a single one-year extension of the period set forth in subdivision (a). The board shall grant the request for the single one-year extension if it determines that the applicant has made substantial progress towards completing the requirements for filing an application for final apportionment. The board may grant only one one-year extension for the project and may only grant the extension if granting the extension would not, in total, cause the project to exceed the maximum time period set forth in Section 17078.30. (c) The board shall adopt regulations setting forth standards for determining the existence of substantial progress within the meaning of subdivision (b). (d) The governing board of a school district shall report annually to the State Allocation Board regarding the progress made toward completing the requirements for filing an application for final apportionment, and shall annually hold, at a regularly scheduled meeting of the governing board, a public hearing pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code) to discuss, and to receive public comment regarding, the report. (e) In its first annual report the governing board of the school district shall certify that the State Department of Education has determined in writing that there is at least one approvable site within the proposed general location of the proposed facility identified pursuant to paragraph (3) of subdivision (a) of Section 17078.22, or within the variance location authorized pursuant to subdivision (b) of Section 17078.22. (f) If the applicant for the one-year extension pursuant to subdivision (b) has not made substantial progress to complete the application process within the allotted time period, the preliminary apportionment shall be rescinded and shall be utilized by the board for funding of other projects that have received a preliminary apportionment pursuant to this article, or at the expiration of the maximum time allowed pursuant to Section 17078.30, the board shall use the funds for any other new construction purpose of this chapter. (Added by Stats. 2002, Ch. 33, Sec. 24. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.27. Source version: id_03eb3503-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. (a) Upon completion of the preliminary process authorized pursuant to this article, and when a preliminary applicant has complied with the conditions set forth in this chapter for a final apportionment, including, but not limited to, Section 17070.50, the board shall adjust the preliminary apportionment as set forth in subdivision (b) and as necessary to reflect the current eligible grant amounts for final apportionments pursuant to this chapter consistent with regulations adopted pursuant to subdivision (c) of Section 17078.24. The board shall then convert the adjusted preliminary apportionment to a final apportionment and proceed to completion of the project in the same manner as for any project funded under provisions of this chapter other than this article. (b) The board may adjust for cost increases only if uncommitted funds reserved expressly for the purposes of this article remain available for those purposes. (c) For purposes of calculating enrollment to determine eligibility for a final apportionment for a project funded from the Kindergarten-University Public Education Facilities Bond Act of 2002, as set forth in Part 68.1 (commencing with Section 100600), and the Kindergarten-University Public Education Facilities Bond Act of 2004, as set forth in Part 68.2 (commencing with Section 100800), an applicant may use one of the following methods as an alternative to the method provided in subdivision (a) of Section 17071.75: (1) The current year enrollment as recorded on the cohort survival enrollment projection system described in subdivision (a) of Section 17071.75, for the year in which the application for the final apportionment is submitted. (2) (A) If eligibility for the preliminary apportionment was calculated pursuant to Section 17071.76, the current year or five-year projected enrollment as recorded on a cohort survival enrollment projection system, developed and approved by the board, that uses pupil residence in the high school attendance area, for the year in which the application for the final apportionment is submitted. (B) A school district that uses the method described in this paragraph to calculate enrollment shall also use this method to calculate enrollment for all applications it submits for final apportionments for projects for which preliminary apportionments were approved from the same bond authorization. (Amended by Stats. 2005, Ch. 710, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11. Critically Overcrowded School Facilities [17078.10 - 17078.30] SECTION 17078.30. Source version: id_cede8f95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11. (a) (1) A portion of the funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the November 5, 2002, statewide general election that are not included in a preliminary apportionment for an application that is received by the deadline specified in subdivision (c) of Section 17078.20 shall thereafter be available to the board for apportionment for any new construction purpose under any other article of this chapter. (2) The amount of funds that shall be made available to the board for purposes other than this article, pursuant to this subdivision, shall be calculated as follows: (A) Add the total amount preliminarily apportioned to 15 percent of that amount. (B) Take the number calculated pursuant to subparagraph (A) and subtract that number from the amount originally reserved for the purposes of this article. (C) The number calculated pursuant to subparagraph (B) shall thereafter be available to the board for any new construction purpose under any other article of this chapter. (3) All funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the November 5, 2002, statewide general election pursuant to a preliminary apportionment that are not included within a final apportionment within the timeframes permitted by Section 17078.25 shall thereafter be available to the board for apportionment for any new construction purpose under any other article of this chapter. (b) (1) A portion of the funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the 2004 direct primary election, or the 2004 statewide general election, as appropriate, that are not included in a preliminary apportionment for an application that is received by the deadline specified in subdivision (d) of Section 17078.20 shall thereafter be available to the board for apportionment for any new construction purpose under any other article of this chapter. (2) The amount of funds that shall be made available to the board for purposes other than this article, pursuant to this subdivision, shall be calculated as follows: (A) Add the total amount preliminarily apportioned to 15 percent of that amount. (B) Take the number calculated pursuant to subparagraph (A) and subtract that number from the amount originally reserved for the purposes of this article. (C) The number calculated pursuant to subparagraph (B) shall thereafter be available to the board for any new construction purpose under any other article of this chapter. (3) All funds reserved for the purposes set forth in this article from the proceeds of state bonds approved by the voters at the 2004 direct primary election, or the 2004 statewide general election, as appropriate, pursuant to a preliminary apportionment that are not included within a final apportionment within the timeframes permitted by Section 17078.25 shall thereafter be available to the board for apportionment for any new construction purpose under any other article of this chapter. (Amended by Stats. 2002, Ch. 935, Sec. 13. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] SECTION 17078.35. Source version: id_9bf56a18-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11.5. For purposes of this article, the following definitions apply: (a) “Final apportionment” has the same meaning as “apportionment” as defined in subdivision (a) of Section 17070.15. (b) “Preliminary application” means an application for a preliminary apportionment pursuant to this article. (c) “Preliminary apportionment” means a reservation of bond authority for eligible applicants under this article in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. (d) “Project and construction management grant” means a grant for purposes of obtaining the services from a county office of education, other local educational agency with applicable school facilities construction expertise, applicable state department, or a certified private construction consulting entity from the list maintained pursuant to paragraph (2) of subdivision (d) of Section 17078.47, to assist with the planning, site acquisition, preconstruction, construction, and closeout of a project. (e) “Small school district” is a school district, as defined in Section 17070.15, with an enrollment of fewer than 2,501 pupils. (Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] SECTION 17078.36. Source version: id_9bf5912a-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11.5. (a) Unless this article expressly provides otherwise, the provisions contained in the other articles of this chapter shall apply with equal force to a project funded under this article. This article shall control over the provisions of this chapter contained in other articles only to the extent that this article expressly conflicts with those provisions. (b) This article shall apply only to a small school district that is otherwise eligible under this chapter for a project that meets both of the following: (1) The project meets the criteria set forth in subdivision (a) of Section 17078.37. (2) The project is to be funded from proceeds of state bonds approved by the voters at the November 5, 2024, statewide general election that shall not exceed the amounts made available pursuant to paragraphs (1) and (2) of subdivision (a) of Section 101412. (Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] SECTION 17078.37. Source version: id_9bf5912c-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11.5. Notwithstanding subdivision (a) of Section 17072.30 and subdivision (a) of Section 17074.16, as applicable: (a) Applicants for funding pursuant to this article shall do both of the following: (1) Submit preliminary applications to the board. (2) Meet the eligibility requirements described in Article 3 (commencing with Section 17071.75) and Article 6 (commencing with Section 17073.10), as applicable. (b) The board shall do both of the following: (1) Accept a preliminary application from, and make a preliminary apportionment to, a small school district for new construction grants pursuant to Article 4 (commencing with Section 17072.10) or modernization grants pursuant to Article 7 (commencing with Section 17074.10) in a manner substantially identical to the preliminary apportionment requirements established in Section 17078.24, except that the eligibility of the applicant shall be based on the criteria established in paragraph (2) of subdivision (a). (2) If requested, provide a preliminary apportionment of a project and construction management grant equal to 5 percent of the state share of the preliminary apportionment. (Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11.5. Assistance to Small School Districts [17078.35 - 17078.38] SECTION 17078.38. Source version: id_9bf5912e-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11.5. The board shall adopt regulations setting forth all of the following: (a) The preliminary application and preliminary apportionment. (b) The apportionment of design grants, project assistance grants pursuant to subdivision (e) of Section 17072.10 and subdivision (e) of Section 17074.10, as applicable, and project and construction management grants to applicants that qualify for financial hardship assistance pursuant to Section 17075.15, as part of the preliminary apportionment. (c) The existence of substantial progress requirements on apportionments for design and site grants identical to the requirements set forth in Section 1859.105 of Title 2 of the California Code of Regulations. (d) The requirements for a final apportionment for the project in a manner substantially identical to the requirements of subdivisions (a) and (b) of Section 17078.25. (Added by Stats. 2024, Ch. 81, Sec. 23. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] SECTION 17078.45. Source version: id_a219d532-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11.7. For purposes of this article, the following definitions apply: (a) “Centralized online resources” means an online portal or webpage dedicated to facilities maintenance and capital outlay in support of priority school districts. (b) “Direct technical assistance” means professional support on facilities maintenance and capital outlay provided in person to a priority school district at the site. (c) “Priority school district” means a school district that the State Department of Education determines is in need of capital outlay assistance. The State Department of Education’s determination is based on the school district meeting one or more of the following criteria: (1) An enrollment of fewer than 2,501 pupils. (2) Low gross bonding capacity per enrollment. (3) A high percentage of unduplicated pupils. (4) Has not previously submitted an application for funding pursuant to the School Facility Program. (d) “SASI Grant” means the federal Supporting America’s School Infrastructure Grant Program. (e) “State and county collaboration” means the joint efforts of the State Department of Education, county offices of education, and other state agencies, such as the Division of the State Architect and the Office of Public School Construction, to provide regional resource centers throughout the state to ensure priority school districts have access to local support. (Added by Stats. 2024, Ch. 81, Sec. 24. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] SECTION 17078.46. Source version: id_a219d534-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11.7. (a) The board shall provide a grant of five million dollars ($5,000,000) to the State Department of Education to expand the objectives of the SASI Grant and support priority school districts as described in this article. The grant funds shall be made available from the amounts allocated pursuant to paragraphs (1) and (2) of subdivision (a) of Section 101412 at the board’s discretion. (b) Any portion of the amount described in subdivision (a) that is not allocated pursuant to subdivision (a) by January 1, 2030, shall be available for the purposes described in paragraphs (1) and (2) of subdivision (a) of Section 101412, as determined by the board. (Added by Stats. 2024, Ch. 81, Sec. 24. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] SECTION 17078.47. Source version: id_a219d536-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11.7. The bond funds allocated to the State Department of Education pursuant to Section 17070.46 shall be used for all of the following purposes: (a) Direct technical assistance to priority school districts, including training in at least all of the following: (1) Tools used to determine if a school facility is in “good repair” as defined in paragraph (1) of subdivision (d) of Section 17002 and rating a facility pursuant to paragraph (2) of subdivision (d) of Section 17002. (2) Developing a schoolsite inventory. (3) Assessing facility needs, estimating costs, and prioritizing projects. (4) Identifying funding options, including eligibility to participate in the school facilities program. (5) Developing facility contracts, including testing, architectural services, inspections, and construction. (b) State and county collaboration efforts, including at least all of the following: (1) Developing a regional network of facilities and maintenance staff at county offices of education throughout the state to sustain ongoing support for priority school districts. (2) Conducting quarterly meetings throughout the state, in partnership with the Division of the State Architect and the Office of Public School Construction, designed to address the facilities challenges faced by priority school districts. (3) Partnering with other state agencies and organizations representing priority school districts with limited expertise and capacity. (c) Development and maintenance of centralized online resources, including at least all of the following: (1) Dedicating a portal or webpage to school facilities maintenance to support maintenance assessment, state and national funding programs, and contract development and management. (2) Providing standardized forms and tools for use by priority school districts. (3) Developing an on-demand library of resources, including webinars, videos, and additional learning tools. (d) State level expertise on facility maintenance, which may include both of the following: (1) Building the capacity of the State Department of Education and county offices of education in supporting priority school districts. (2) Establishing, in partnership with the Division of the State Architect and the Office of Public School Construction, a certification process for private construction consultants and maintaining an up-to-date list of certified consultants for use by priority school districts. (Added by Stats. 2024, Ch. 81, Sec. 24. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 11.7. State Augmentation of Federal Supporting America’s School Infrastructure Grant Program for Priority School Districts [17078.45 - 17078.48] SECTION 17078.48. Source version: id_a219fc48-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=11.7. The State Department of Education shall adopt regulations setting forth the requirements and procedures for the allocation and use of bond funds pursuant to this article, including, but not limited to, all of the following: (a) The process for determining recipients of direct technical assistance. (b) The framework for state and county collaboration efforts. (c) The development, maintenance, and accessibility of centralized online resources. (d) Reporting and accountability measures to ensure the effective use of the allocated funds and the achievement of its intended outcomes. (Added by Stats. 2024, Ch. 81, Sec. 24. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.52. Source version: id_4713b8ba-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) There is hereby established the Charter School Facilities Program to provide funding to qualifying entities for the purpose of establishing school facilities for charter school pupils. (b) (1) The 2002 Charter School Facilities Account is hereby established within the 2002 State School Facilities Fund established pursuant to subdivision (b) of Section 17070.40. The proceeds of bonds, as set forth in subparagraph (A) of paragraph (1) of subdivision (a) of Section 100620, shall be deposited into the 2002 Charter School Facilities Account for the purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (2) The 2004 Charter School Facilities Account is hereby established within the 2004 State School Facilities Fund established pursuant to subdivision (c) of Section 17070.40. The proceeds of bonds, as set forth in subparagraph (A) of paragraph (1) of subdivision (a) of Section 100820, if approved by the voters, shall be deposited into the 2004 Charter School Facilities Account for the purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (3) The 2006 Charter School Facilities Account is hereby established within the 2006 State School Facilities Fund established pursuant to subdivision (d) of Section 17070.40. The proceeds of bonds, as set forth in paragraph (2) of subdivision (a) of Section 101012, if approved by the voters, shall be deposited into the 2006 Charter School Facilities Account for the purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for the purposes of this article. (4) The 2024 Charter School Facilities Account is hereby established within the 2024 State School Facilities Fund established pursuant to Section 17070.42. The proceeds of bonds, as set forth in paragraph (3) of subdivision (a) of Section 101412 and if approved by the voters at the November 5, 2024, statewide general election, shall be deposited into the 2024 Charter School Facilities Account for purposes of this article. Notwithstanding Section 13340 of the Government Code, funds deposited into the account are hereby continuously appropriated for purposes of this article. (c) As used in this article, the following terms have the following meanings: (1) “Authority” means the California School Finance Authority established pursuant to Section 17172. (2) “Account” means the pertinent account established under subdivision (b). (3) “Preliminary apportionment” means an apportionment made for eligible applicants under this article in advance of full compliance with all of the application requirements otherwise required for an apportionment pursuant to this chapter. The process for making preliminary apportionments under this article shall be substantially identical to the process established for critically overcrowded schools pursuant to Sections 17078.22 to 17078.30, inclusive. (4) “Financially sound” means a charter school that has demonstrated, over a period of time determined by the authority, but not less than 24 months immediately preceding the submission of the application, that it has operated as a financially capable concern in California, as measured by criteria established by the authority. A charter school that cannot demonstrate that it has been a financially capable concern for at least 24 months immediately preceding the submission of the application, due solely to not having operated as a charter school for at least 24 months, may meet this 24-month requirement if the charter school is managed by staff who have at least 24 months of documented experience, as measured by criteria established by the authority and the charter school has an educational plan, financial resources, facilities expertise, management expertise, and has been a financially capable concern for at least 24 months, as established by the authority. (d) The board shall, from time to time, transfer funds within the account to the California School Finance Authority Fund for the purposes of this article pursuant to the request of the authority as set forth in this article. (Amended by Stats. 2024, Ch. 81, Sec. 25. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.53. Source version: id_9fbaa54e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) The initial preliminary applications for projects to be funded pursuant to this article shall be submitted to the board by March 31, 2003. Thereafter, the board may establish subsequent application periods as needed. (b) Preliminary applications may be submitted by eligible applicants as set forth in this article by either of the following: (1) A school district on behalf of a charter school that is physically located within the geographical jurisdiction of the school district. (2) A charter school on its own behalf if the charter school has notified both the superintendent and the governing board of the school district in which it is physically located of its intent to do so in writing at least 30 days prior to submission of the preliminary application. (c) A preliminary application shall demonstrate either of the following: (1) That a charter petition for the school for which the application is submitted has been granted by the appropriate chartering entity prior to the application deadline determined by the board. (2) That an already existing charter has been amended to include the school for which the application is submitted and approved by the appropriate chartering entity prior to the deadline determined by the board. (d) A preliminary application shall include either of the following: (1) For a preliminary application submitted pursuant to paragraph (1) of subdivision (b), the number of unhoused pupils determined pursuant to Article 3 (commencing with Section 17071.75) that will be housed by the project for which the preliminary application has been submitted. (2) For a preliminary application submitted pursuant to paragraph (2) of subdivision (b), a certification from the governing board of the district within which the charter school is physically located of the number of unhoused pupils for that district determined pursuant to Article 3 (commencing with Section 17071.75) that will be housed by the project for which the preliminary application has been submitted. (e) Prior to submitting a preliminary application, the school district and charter school shall consider existing school district facilities in accordance with Section 47614. (f) The board, after consideration of the recommendations of the authority regarding whether a charter school is financially sound, shall approve the preliminary application and shall make the preliminary apportionment for funding pursuant to this article. (g) (1) The board shall establish a process to ensure that pupil attendance in a charter school that is physically located within the geographical jurisdiction of a school district is counted as per-pupil eligibility for that school district and to ensure that the same per-pupil attendance is not so counted for any other school district or other applicant under this chapter. (2) (A) Except as provided pursuant to subparagraph (B) and notwithstanding subdivision (b) of Section 17071.75, the number of pupils for which facilities are provided under this article shall not be included in the sum determined under subdivision (b) of Section 17071.75. (B) The number of unhoused pupils determined pursuant to subdivision (d) that will be housed by the project for which a preliminary application has been submitted shall be included in the sum determined under subdivision (b) of Section 17071.75. (h) The board shall establish a process to be used for release of funds for approved projects pursuant to this article. Notwithstanding Section 17072.30, the board may provide for the release of planning and site acquisition funds prior to the approval of the project by the Department of General Services pursuant to the Field Act, as defined in Section 17281. (Amended by Stats. 2007, Ch. 130, Sec. 53. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.54. Source version: id_e7751c36-8162-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) An eligible project under this article shall include funding, as permitted by this chapter, for new construction or rehabilitation of a school facility for charter school pupils, as set forth in this article. A project may include, but is not limited to, the cost of retrofitting an existing building for charter school purposes, purchasing a building, or retrofitting a building that has been purchased by the charter school, if those costs have not been previously funded under this chapter, but may not exceed the amounts set forth in subdivision (b). Existing school buildings made available by a school district that will be rehabilitated for the purposes of this article are not subject to Article 6 (commencing with Section 17073.10). An allocation of funds shall not be made for a school facility that is less than 15 years old. (b) The maximum amount of the funding pursuant to this article shall be determined by calculating the charter school’s per-pupil grant amount plus other allowable costs as set forth in this chapter. Funding shall be provided by the authority for new facility construction or rehabilitation as set forth in Section 17078.58. (c) To be funded under this article, a project shall comply with all of the following: (1) It shall meet all the requirements regarding public school construction, plan approvals, toxic substance review, site selection, and site approval, as would any noncharter school project of a school district under this chapter, including, but not limited to, regulations adopted by the State Architect pursuant to Section 17280.5 relating to the retrofitting of existing buildings, as applicable. (2) Notwithstanding any provision of law to the contrary, including, but not limited to paragraph (1), the board, after consulting with the relevant regulatory agencies, shall, to the extent feasible, adopt regulations establishing a process for projects to be subject to a streamlined method for obtaining regulatory approvals for all requirements described in paragraph (1), except for the requirements of the Field Act as defined in Section 17281 which shall be complied with in the same manner as any other project under this chapter. (3) The board shall fund only new construction to be physically located within the geographical jurisdiction of a school district. (d) Facilities funded pursuant to this article shall have a 50 percent local share matching obligation that may be paid by the applicant through lease payments in lieu of the matching share, or as otherwise set forth in this article, including, but not limited to, Section 17078.58. (e) The authority may charge its administrative costs against the respective 2002, 2004, or 2006 Charter School Facilities Account, or the amount described in paragraph (2) of subdivision (a) of Section 101122, which shall be subject to the approval of the Department of Finance and which may not exceed 2.5 percent of the account or amount. (Amended by Stats. 2018, Ch. 32, Sec. 20. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.56. Source version: id_754bda57-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) The board, in consultation with the authority, shall approve projects pursuant to this article as otherwise set forth in this chapter, and shall make preliminary apportionments only to financially sound applicants in accordance with all of the following criteria: (1) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of the various geographical regions of the state. (2) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of urban, rural, and suburban regions of the state. (3) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of large, medium, and small charter schools throughout the state. (4) The board shall seek to ensure that, when considered as a whole, the applications approved pursuant to this article are fairly representative of the various grade levels of pupils served by charter school applicants throughout the state. (b) While ensuring that the requirements of subdivision (a) are met when considering all approved projects under this article as a whole, the board shall, within each factor of the criteria set forth in subdivision (a), give a preference to charter schools in overcrowded school districts, charter schools in low-income areas, charter schools operated by not-for-profit entities, and charter schools that utilize existing school district facilities. (Amended by Stats. 2006, Ch. 35, Sec. 9. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.57. Source version: id_338d627b-b8a2-11de-a989-d471cf17f1b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) The authority, in consultation with the board, shall adopt regulations establishing uniform terms and conditions that shall apply equally to all projects for funding in accordance with Section 17078.58, including, but not limited to, all of the following: (1) The process for determining the manner in which the applicant will pay its local matching share, including the method for determining lease payments to be made in lieu of the local matching share. The regulations shall comply with all of the following criteria: (A) The payment process set forth in Section 17199.4 may be used. (B) The payment process shall permit lump-sum local matching payments and shall permit establishment of a schedule for lease payments to be made in lieu of the local matching share. (C) The lease payment schedule shall be calculated by amortizing one-half of the total approved project costs, minus lump-sum payments, over the entire payment period as set forth in Section 17078.58. (D) The payment schedule for payments in lieu of the local matching funds pursuant to this section shall be based upon payment, within a reasonable period of time not to exceed a 30-year period, of one-half of the total eligible project costs, and shall be calculated in a manner that is designed to result in full payment of that portion, together with interest thereon at a rate set by the authority. The interest rate shall be set using the lower of the following: (i) The rate paid on moneys in the Pooled Money Investment Account as of the date of disbursement of the funding. (ii) A rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, and the interest rate shall be computed according to the true interest cost method. (E) Notwithstanding subparagraph (D), the authority shall not set the interest rate on a loan at a rate lower than 2 percent. Program participants that have locked in an interest rate before January 1, 2009, may reset their payment schedule based on the interest rate set pursuant to subparagraph (D) as of January 1, 2009. Program participants executing an agreement on and after January 1, 2009, shall have their interest rate set at the time the funding agreement is executed and shall not renegotiate interest rates without prior approval of the authority. (2) The method for determining whether a charter school is financially sound. In the case of a charter school chartered by a school district that is located outside of the school district that chartered it, the method developed by the authority shall include, but shall not be limited to, a site visit to the school facility currently being used by the charter school during hours when pupils are present and instruction is being provided. (3) (A) Security provisions, including, but not limited to, whether title to project facilities shall be held by the school district in which the facility is to be physically located, in trust, for the benefit of the state public school system, or by another entity as authorized pursuant to Section 17078.63. (B) The authority shall adopt a mechanism whereby a person or entity who provides a substantial contribution that is applied to the costs of the project in excess of the state share and the local matching share may be granted a security interest to be satisfied from the proceeds, if any, realized when the property is ultimately disposed of as set forth in paragraph (5) of subdivision (b) of Section 17078.62. (4) The method for integrating funding pursuant to this article with the general procedures of the authority pursuant to subdivision (i) of Section 17180 for otherwise funding projects eligible for funding under this chapter, if appropriate. (b) The authority may adopt, amend, or repeal rules and regulations pursuant to this chapter as emergency regulations. The adoption, amendment, or repeal of these regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (Amended by Stats. 2009, Ch. 192, Sec. 1. (SB 592) Effective October 11, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.58. Source version: id_4dae171c-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) Funding granted pursuant to this article may not exceed 100 percent of the total allowable project costs as determined by calculating double the per-pupil grant eligibility as set forth in Section 17072.10, and subdivision (e) of Section 17078.53, plus 100 percent of all other allowable construction project costs, as appropriate to the project, that would otherwise be available to school district projects as set forth in this chapter. Funding granted for the purposes of rehabilitating buildings under Section 17078.54 shall be limited to the costs necessary to comply with subdivision (c) of Section 17078.54, and shall not exceed the maximum costs that would otherwise be allowable for a new construction project funded under this article. (b) The local share equivalent shall be collected in the form of lease payments or otherwise as set forth in this article. (c) Lease payments in lieu of local share payments, and any other local share payments made pursuant to this article, shall be made to the board for deposit into the respective 2002, 2004, 2006, or 2024 Charter School Facilities Account. Funds deposited into the account pursuant to this section may be used by the board only for a purpose related to charter school facilities pursuant to this article. (d) When a preliminary apportionment under this article is converted to a final apportionment, any funds not needed for the final apportionment shall remain in the 2002, 2004, 2006, or 2024 Charter School Facilities Account for use by the board for any purpose related to charter school facilities pursuant to this article. (Amended by Stats. 2024, Ch. 81, Sec. 26. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.62. Source version: id_377d3a4d-b8a2-11de-a989-d471cf17f1b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) As a first priority, the existing charter school shall be permitted to continue to use the facility until it is no longer needed by the charter school for charter school purposes. (b) If the charter school occupying a facility funded pursuant to this article ceases to utilize the facility for a charter school purpose, all of the following apply: (1) If the charter school is no longer using the facility because the school district in which the charter school is located has revoked or declined to renew the charter, the school district, as a necessary component of the first priority established in subdivision (a), may not immediately occupy the facility, but shall allow a reasonable time, not to exceed six months, for completion of the review process contemplated in Section 47607 or 47607.5. (2) As a second priority, any qualifying successor charter school shall be permitted to meet its facility needs by occupying the facility on equal terms as the prior charter school occupant, including, but not limited to, assumption of fee simple title to the facility, as described in paragraph (3) of subdivision (a) of Section 17078.63. (3) As a third priority, the school district in which the charter school is physically located may notify the authority and take possession and take title to the facility, if the title is not already held by the district, and make the facility available for continued use as a public school facility. (4) If the school district in which the charter school is physically located elects to take possession of a facility pursuant to paragraph (3), it shall pay the balance of the unpaid local matching share or demonstrate that it is willing and able to continue to make the lease payments in lieu of the local matching share on the same terms. However, the payments shall be reduced or eliminated, as appropriate, if the school district complies with all of the following: (A) It demonstrates that it would have been eligible for hardship funding under Article 8 (commencing with Section 17075.10) at the time that the application for funding the facility under this article was originally submitted. (B) It certifies to the board that it will utilize the facilities for public school purposes for a period of at least five years from the date that it occupies the facility. (5) (A) If the school district declines to take possession pursuant to paragraph (3), or if the facility is subsequently no longer needed for public school purposes, the school district shall dispose of the facilities in a manner otherwise applicable to the disposal of surplus public schoolsites. Any unpaid local matching share shall be paid from the net proceeds, if any, of the disposition and shall be deposited into the respective 2002, 2004, or 2006 Charter School Facilities Account. To the extent that funds remain from the proceeds of the disposition after repayment of the local matching share, any security interest granted to a person or entity pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 17078.57 shall be satisfied. Funds remaining from the proceeds after any security interest has been satisfied shall be paid to the school district in which the facility is located to be used for capital improvements in the school district. (B) If title to the facility is held by a charter school or a local governmental entity other than the school district, and the school district declines to dispose of the facility, the board shall dispose of the facility in accordance with the provisions that would otherwise apply to the disposal of surplus school property by the school district, including, but not limited to, Chapter 4 (commencing with Section 17385) of Part 10.5. The proceeds of the disposition shall be distributed in accordance with subparagraph (A). (6) If the lease payments in lieu of the local matching share are fully paid, the school district shall continue to hold title to the facility, in trust, for the benefit of the state public school system. The school district shall permit continued use of the facility for charter school purposes as long as the facility is needed for those purposes. (Amended by Stats. 2009, Ch. 192, Sec. 2. (SB 592) Effective October 11, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.63. Source version: id_2bd31529-b8a2-11de-a989-d471cf17f1b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) Prior to the release of funds for an application submitted pursuant to paragraph (2) of subdivision (b) of Section 17078.53 for site acquisition or new construction final apportionments, applicants shall provide one of the following: (1) Documentary evidence that the school district in which the facility is to be physically located holds title to the project facilities in trust for the benefit of the state public school system. (2) Documentary evidence that a local governmental entity, including, but not limited to, a county board of education, a city, a county, or a city and county, holds title to the project facilities in trust for the benefit of the state public school system, subject to both of the following conditions: (A) Consistent with the prohibition in Section 6 of Article IX of the California Constitution regarding governance of public schools, a city, county, city and county, or other local governmental entity not included within the public school system that holds title pursuant to this paragraph shall not exercise any control over the operation of the charter school. (B) The following shall be recorded in the chain of title for the property: (i) A restrictive covenant specifying that the facility shall be used only for public school purposes as authorized in the California Constitution and statute. (ii) A remainder interest to the school district in which the facility is physically located or, if the school district disclaims the interest to the facility, to the board. The remainder interest shall be triggered when the facility is no longer needed for charter school purposes and shall then be subject to paragraphs (2) to (6), inclusive, of subdivision (b) of Section 17078.62. (3) (A) A request that the charter school be authorized to hold fee simple title to the subject property in trust for the benefit of the state public school system, on which a lien shall be recorded in favor of the board for the total amount of funds allocated pursuant to this article, including any loan received in lieu of a local matching share pursuant to Section 17078.57. The charter school shall include with the request a statement outlining the reasons why ownership of the project facilities is not vested with an entity set forth in paragraph (1) or (2). Prior to releasing any project funds, the board shall make findings that the applicant has submitted all of the information required by this paragraph. (B) The following shall be recorded in the chain of title for the property: (i) A restrictive covenant specifying that the facility shall be used only for public school purposes as authorized in the California Constitution and statute. (ii) A remainder interest to the school district in which the facility is physically located or, if the school district disclaims the interest to the facility, to the board. The remainder interest shall be triggered when the facility is no longer needed for charter school purposes and shall then be subject to paragraphs (2) to (6), inclusive, of subdivision (b) of Section 17078.62. (b) A charter school may request a school district to transfer title to project facilities to an entity authorized by paragraph (2) or (3) of subdivision (a) if the school district entered into an agreement, prior to January 1, 2010, to hold title to those facilities. A school district that receives a request pursuant to this subdivision may transfer the title to the entity designated in the request pursuant to terms and conditions mutually agreed upon by the district and the charter school. (c) The board may adopt regulations to implement this section. (Added by Stats. 2009, Ch. 192, Sec. 3. (SB 592) Effective October 11, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.64. Source version: id_cee19ce7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. (a) In lieu of applying for funding under this article, a school district may elect to include facilities for a charter school that would be physically located within its geographical jurisdiction within its application for funding pursuant to the general provisions of this chapter, other than this article. However, the project would be outside the scope of this article, would not be subject to its provisions, and shall comply with this chapter in the same manner as any noncharter project. Any per-pupil eligibility that is used for that project shall not, also, support any project under this article. (b) Except for those provisions in which the authority is expressly required or authorized to adopt regulations pursuant to this article, the board in consultation with the authority shall adopt regulations to implement this article. The board may adopt, amend, or repeal rules and regulations pursuant to this article as emergency regulations. Until July 1, 2004, the adoption, amendment, or repeal of these regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (c) This article is not applicable to projects funded with the proceeds of state general obligation bonds approved by the voters prior to January 1, 2002. (Amended by Stats. 2003, Ch. 587, Sec. 15. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 12. Charter Schools [17078.52 - 17078.66] SECTION 17078.66. Source version: id_cee19ce9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=12. The State Allocation Board and the California School Finance Authority shall jointly report to the Legislature by July 1, 2005, regarding all of the following: (a) The implementation of this article, including, but not limited to, a description of the projects funded pursuant to this article from the Kindergarten-University Public Education Facilities Bond Act of 2004. (b) A description of the process whereby the board provides funding for charter school facilities under provisions of this chapter other than this article. (c) Recommendations, if any, regarding statutory changes needed to facilitate and streamline the process described in subdivision (b). (Added by Stats. 2003, Ch. 587, Sec. 16. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] SECTION 17078.70. Source version: id_7629420d-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=13. (a) For the purposes of this article, “reconfiguration” means any modification of a structure of any age that will enhance the educational opportunities for pupils in existing middle and high schools in order to provide them with the skills and knowledge necessary for high-demand technical careers. (b) “Reconfiguration” may include limited new construction necessary to accommodate the reconfiguration. (Added by Stats. 2006, Ch. 35, Sec. 11. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] SECTION 17078.72. Source version: id_fb7e7fb3-317d-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=13. (a) The Career Technical Education Facilities Program is hereby established to provide funding to qualifying local educational agencies for the purpose of constructing new facilities or reconfiguring existing facilities, including, but not limited to, purchasing equipment with an average useful life expectancy of at least 10 years, to enhance educational opportunities for pupils in existing high schools in order to provide them with the skills and knowledge necessary for the high-demand technical careers of today and tomorrow. (b) The State Department of Education, in cooperation with the Chancellor’s Office of the California Community Colleges, the Labor and Workforce Development Agency, and industry groups, shall develop criteria and pupil outcome measures to evaluate the program. The criteria shall ensure equity, program relevance to industry needs, and articulation with more advanced coursework at the partnering community colleges or private institutions. (c) The program shall be based on grant applications administered by the board. (d) Grants shall be allocated on a per-square-foot basis for the applicable type of construction proposed or deemed necessary by the board consistent with the approved application for the project. (e) New construction grants shall not exceed three million dollars ($3,000,000) per project per schoolsite, inclusive of equipment, and shall only be allocated to comprehensive high schools that have an active Career Technical Advisory Committee pursuant to Section 8070, in either of the following methods: (1) For a stand-alone project on a per-square-foot basis for the applicable type of construction proposed, based on the criteria established pursuant to subdivision (b), consistent with the approved application for the project. (2) For new school projects, as a supplement to the per pupil allocation pursuant to Section 17072.10. The supplement is intended to cover excess costs uniquely related to the facilities required to provide the career technical education program or programs. (f) Modernization grants shall not exceed one million five hundred thousand dollars ($1,500,000) per project per schoolsite, inclusive of equipment and may be awarded to comprehensive high schools or joint power authorities currently operating career technical education programs that have an active Career Technical Advisory Committee pursuant to Section 8070 for the purpose of reconfiguration. For comprehensive high schools, the grant shall be supplemental to the per pupil allocation pursuant to Section 17074.10. The supplement is intended to cover excess costs uniquely related to the facilities required to provide the career technical education program or programs. (g) (1) A school district shall contribute from local resources a dollar amount that is equal to the amount of the grant of state funds awarded under subdivisions (d), (e), and (f). The required local contribution may be provided by private industry groups, the school district, or a joint powers authority. (2) A school district shall not be required to demonstrate that it has unhoused pupils or that a permanent school building is more than 25 years old in order to receive a grant under the program. (h) The program shall allow the required local contribution to be paid over time if sufficient local funds are not immediately available. The board may provide for a repayment schedule consistent with subparagraphs (C) and (D) of paragraph (1) of subdivision (a) of Section 17078.57. The board shall not waive the required local contribution on the basis of financial hardship or on any other basis. (i) Applications shall meet the criteria developed under subdivision (b) and shall require all of the following: (1) A clear and comprehensive career technical education plan for each course of study applicable to the instructional space. (2) Projections of pupil enrollment. (3) Identification of feeder schools, industry partners, and community colleges or other postsecondary schools participating in the development, articulation, and review of the educational program. (4) Evidence of approval of the plan by the entities listed in paragraph (3). (5) The method by which accountability for pupil enrollments and outcomes will be maintained. Outcomes shall include, but are not limited to, certificate completion, the successful entry of pupil to employment in the applicable industry, and successful transition to post-secondary institutions for work in the applicable industry or other areas of study. (6) Evidence of coordination with all feeder schools, middle schools, and high schools within the area to ensure that the project and programs complement career technical education offerings in the area. (7) Evidence that upon completion of the project the local educational agency will meet all of its obligations under Section 51228 relating to career technical education. (j) Applications shall give weight to the number of pupils expected to attend, the cost per pupil, financial participation by industry partners in the construction and equipping of the facility, commitment to accountability for outcomes and participation, the strength and relevance of the educational plans to the needs of industry for qualified technical employees applicable to the economic development needs of the region in which the project will be located, and coordination and articulation with feeder schools, other high schools, and community colleges. (k) The Office of Public School Construction shall develop and the board shall approve regulations to implement this article on or before April 19, 2007, and the board may promulgate those regulations first on an emergency basis, which shall be effective for no more than 12 months, after which any permanent regulations shall be promulgated in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (l) Notwithstanding paragraphs (e) and (f), a project approved pursuant to this section is also eligible for an incentive grant from the funds specified in paragraph (8) of subdivision (a) of Section 101012 if the project meets the criteria prescribed in that section. (Amended by Stats. 2011, Ch. 622, Sec. 2. (SB 128) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 13. Career Technical Education Facilities Program [17078.70 - 17078.74] SECTION 17078.74. Source version: id_e9561230-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=13. (a) Except as otherwise provided in this section, a modernization grant adjustment provided pursuant to this section is not subject to the requirements of Section 17078.72. (b) An applicant school district may include plan design and other project components that promote career technical education to enhance the educational opportunities for pupils in existing middle and high schools, and may seek a modernization grant adjustment for the state’s share of the increased costs associated with those components. (c) Career technical education components that enable school facilities to provide pupils with the skills and knowledge necessary for high-demand technical careers are eligible for inclusion into a project pursuant to this section, including, but not limited to, all of the following: (1) Modernization of facilities to support career technical education programs. (2) Reconfiguring a structure of any age that will enhance the educational opportunities for pupils in existing middle and high schools in order to provide them with the skills and knowledge necessary for high-demand technical careers. (3) Purchasing equipment with an average useful life expectancy of at least 10 years. (d) (1) In order to be eligible for the modernization grant adjustment pursuant to this section, the applicant shall certify that the cost for the project exceeds the amount of funding otherwise available to the applicant under this chapter and that the career technical education components are necessary to maintain industry standards. (2) The applicant shall submit necessary plans and specifications for career technical education components to the State Department of Education for approval, ensuring compliance with eligibility criteria as stipulated, for modernization projects only, in Section 1859.192 of Title 2 of the California Code of Regulations, with the exception of paragraph (2) of subdivision (b) of Section 1859.192 of Title 2 of the California Code of Regulations. (e) The board shall provide an applicant for a modernization project with a grant adjustment to provide an increase not to exceed 5 percent of its state grants authorized by Section 17074.10 for the state’s share of costs associated with the design, purchase, and installation related to career technical education components as set forth in this section. (f) An applicant career technical education program shall meet the criteria developed under subdivision (b) of Section 17078.72 and shall demonstrate all of the following: (1) A clear and comprehensive career technical education plan for each course of study applicable to the instructional space. (2) Projections of pupil enrollment. (3) Identification of feeder schools, industry partners, and community colleges or institutions of higher education participating in the development, articulation, and review of the educational program. (4) Evidence of approval of the plan described in paragraph (1) by the entities listed in paragraph (3) and the State Department of Education, including a determination by the State Department of Education that the application has scored at least 105 points as required under subdivision (c) of Section 1859.192 of Title 2 of the California Code of Regulations. (5) The method by which accountability for pupil enrollments and outcomes will be maintained. Outcomes shall include, but are not limited to, certificate completion, successful entry of pupils to employment in the applicable industry, and successful transition to institutions of higher education for work in the applicable industry or other areas of study. (6) Evidence of coordination with all feeder schools, middle schools, and high schools within the area to ensure that the project and programs complement career technical education offerings in the area. (7) Evidence that upon completion of the project, the local educational agency will meet all of its obligations under Section 51228 relating to career technical education. (g) The Office of Public School Construction shall develop regulations, subject to board approval, to implement this section. The regulations shall include procedures for the submission of State Department of Education-approved plans and specifications as a condition for the modernization grant adjustment, in alignment with subdivision (b) of Section 1859.197 of Title 2 of the California Code of Regulations. (h) Projects shall be subject to a program accountability expenditure audit, consistent with State Department of Education guidelines, to ensure compliance with the funding regulations. Any repayments due back to the state as a result of these audits shall be subject to the repayment provisions in Section 1859.106.1 of Title 2 of the California Code of Regulations. (Added by Stats. 2024, Ch. 81, Sec. 27. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] SECTION 17079. Source version: id_77117f33-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=14. (a) For purposes of this article, an eligible school is a school for which the schoolsite pupil population density is equal to or greater than 175 percent of the schoolsite pupil population density recommended by the Superintendent as of January 1, 2006, adjusted by the following factors: (1) The density calculation shall be reduced to take into account the additional pupil capacity created by multistory construction. (2) The schoolsite pupil population density shall be reduced to take into account approved new construction projects, including projects approved pursuant to Article 11 (commencing with Section 17078.10). (b) The board shall adopt regulations to determine the adjustments set forth in paragraphs (1) and (2) of subdivision (a). (Added by Stats. 2006, Ch. 35, Sec. 12. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] SECTION 17079.10. Source version: id_77ca9605-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=14. (a) For purposes of this article, an eligible pupil is a pupil who is housed in a portable classroom, except portable classrooms used for purposes of the Class Size Reduction Program set forth in Chapter 6.10 (commencing with Section 52120) of Part 28, at an eligible school. (b) The board shall apportion an overcrowding relief grant to districts on behalf of each eligible pupil equal to the appropriate per-unhoused-pupil grant amount pursuant to Section 17072.10. The number of overcrowding relief grants apportioned shall be subject to the following limitations: (1) The number of grants apportioned on behalf of an eligible school shall not exceed the number of pupils whose removal from the pupil density calculation would reduce the density of the eligible schoolsite to 150 percent of the schoolsite pupil population density recommended by the Superintendent as of January 1, 2006. (2) A district shall not receive more grants than the number of pupils housed in portable classrooms that were included in the initial new construction eligibility determination of the district pursuant to Article 3 (commencing with Section 17071.75). (Added by Stats. 2006, Ch. 35, Sec. 12. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] SECTION 17079.20. Source version: id_78142227-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=14. (a) The board shall require that applications for funding pursuant to this article be used for an equivalent number of permanent new school construction classrooms to replace the portable classrooms upon which the determination of the number of eligible pupils is based. The board shall also require the application to describe how the project will relieve overcrowding at the eligible school. (b) The board shall create a list of projects eligible for funding and shall approve applications semiannually on a schedule determined by the board. (c) The board shall require that applicant school districts comply with all of the same conditions otherwise required for new construction funding pursuant to this chapter with the exception of subdivision (b) of Section 17071.75. (d) The board shall not apportion funds for a project pursuant to this article any portion of which involves the construction, acquisition, or transportation of portable classrooms for any school in the school district. (e) In the event the funding available to the board for purposes of this article is less than the amount necessary to fund all eligible applications, the board shall prioritize and fund the projects on the basis of the pupil density of the eligible schools. (Added by Stats. 2006, Ch. 35, Sec. 12. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 14. Overcrowding Relief Grants [17079 - 17079.30] SECTION 17079.30. Source version: id_785d6029-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=14. (a) The board shall require both of the following as conditions for receiving funding pursuant to this article: (1) Within six months after the date of initial occupancy of the permanent school facilities constructed pursuant to this article, the school district shall remove from the eligible school, and remove from service as classrooms in the district, the portable classrooms used for determining the number of eligible pupils. (2) The new school construction funding provided pursuant to this article shall result in a reduction in the total number of portable classrooms in the school district. (b) This section does not preclude the school district from using the portable classrooms removed from eligible schools for child care or preschool programs, if those portable classrooms are not located at an eligible school. (c) This section does not apply to eligible schools operating on double session schedules in an elementary school district in a county of the second class, as set forth in Section 28023 of the Government Code. (Added by Stats. 2006, Ch. 35, Sec. 12. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35 and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] SECTION 17071.10. Source version: id_0bc49da8-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=2. (a) The calculation determined by this article shall be made on a one-time basis, and will be used as the baseline for eligibility determinations pursuant to this chapter. (b) (1) Each school district that elects to participate in the new construction program pursuant to this chapter shall submit to the board a one-time report of existing school building capacity. (2) The information reflected in the report described in paragraph (1) shall be included in a school facilities master plan submitted pursuant to Section 17070.54. (c) Notwithstanding subdivisions (a) and (b), a school district newly formed, reorganized, or affected by reorganization, pursuant to an election that occurred on or after November 4, 1998, shall calculate or recalculate its existing school building capacity pursuant to regulations adopted by the board. (d) Notwithstanding subdivisions (a), (b), and (c), a school district that elects to participate in the new construction program or modernization program pursuant to this chapter after November 5, 2024, shall submit an updated report of the school district’s existing school building capacity to the board. (Amended by Stats. 2024, Ch. 81, Sec. 8. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] SECTION 17071.25. Source version: id_cec7abaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=2. (a) The existing school building capacity in the applicant school district or, where appropriate, in the attendance area, at the time of initial application shall be calculated pursuant to the following formula: (1) Identify by grade level all permanent teaching stations existing in the school district or, where appropriate, the attendance area. For the purposes of this section, “teaching station” means any space that was constructed or reconstructed to serve as an area in which to provide pupil instruction, but shall not include portable buildings, except as provided in Section 17071.30. (2) (A) The assumed capacity of each calculated teaching station pursuant to paragraph (1) shall be 25 pupils for each teaching station used for kindergarten or for grades 1 to 6, inclusive, and 27 pupils for each teaching station used for grades 7 to 12, inclusive. (B) On or after January 1, 2000, the board may adopt or amend regulations adjusting the assumed capacity set forth in this subparagraph as appropriate for each teaching station used for nonsevere or severe special day class purposes after considering the recommendations of the Legislative Analyst pursuant to Section 17072.15. These special day class capacity adjustments and any adjustment of existing school capacity related to changes in the assumed capacity of special day class teaching stations shall be approved by the Director of Finance prior to implementation. (C) On or after January 1, 2001, the board may adopt regulations establishing assumed capacity standards after consideration of the recommendations developed by the Director of General Services for continuation high school, community day school, county community school, and county community day school, teaching stations pursuant to Section 17072.17. Teaching station assumed capacity adjustments pursuant to these regulations and any other adjustments of existing school capacity related to changes in the assumed capacity of continuation high school, community day school, county community school, and county community day school, teaching stations shall be approved by the Director of Finance prior to implementation. (3) Multiply the assumed capacity of each teaching station as specified in paragraph (2) by the number of teaching stations calculated under paragraph (1). (4) The result of this computation shall be the number of pupils housed by grade level in the existing school building capacity of the applicant school district. (b) The existing school building capacity of the applicant school district calculated under this section shall not include, in any school operated on a year-round schedule, any teaching station that has been in continuous use during the preceding five-year period primarily for the operation of a preschool program or programs. (Amended by Stats. 1999, Ch. 858, Sec. 7. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] SECTION 17071.30. Source version: id_cec7abb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=2. For purposes of determining the existing school building capacity, each applicant school district shall include each portable classroom, whether owned or leased, except as otherwise provided in subdivision (a) or (b). (a) Portable classrooms leased pursuant to Chapter 14 (commencing with Section 17085) shall be excluded from the existing school building capacity. Portable classrooms obtained by an applicant district pursuant to subdivision (b) of Section 17088.5 shall be excluded from the existing school building capacity, except as to any portable classroom or classrooms for which the district rejected the board’s offer to purchase pursuant to that subdivision. Portable classrooms leased for a period of less than five years prior to the date of application shall not be included in existing school building capacity. (b) The number of portable classrooms, reduced by the number of portable classrooms used as interim housing for modernization projects, that exceed 25 percent of the number of permanent classrooms available to the district shall not be included in the existing building capacity. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] SECTION 17071.33. Source version: id_cec93253-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=2. (a) For the purposes of determining existing school building capacity, the calculation shall be adjusted as required for first priority status pursuant to Section 17017.7 as that calculation would have been made under the policies of the board in effect immediately preceding September 1, 1998. (b) Notwithstanding subdivision (a), with respect to a high school district, the existing school building capacity shall be calculated without regard to multitrack year-round school considerations. (Amended by Stats. 2002, Ch. 33, Sec. 9. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] SECTION 17071.35. Source version: id_cec93255-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=2. Notwithstanding any other provisions of law, the maximum school building capacity for each applicant district shall be increased by the number of pupils reported by the Superintendent of Public Instruction for that grade level pursuant to Section 42268. This adjustment shall be calculated on the basis, at the district’s option, of either the district as a whole or the appropriate attendance area. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] SECTION 17071.40. Source version: id_cec93257-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=2. Each school on a year-round, multitrack calendar that has a density of 200 or more pupils enrolled per acre, that is located in a school district with 40 percent of its pupils attending multitrack, year-round schools shall be exempted from the increase in school building capacity required by Section 17071.35. Nothing in this section shall be construed as exempting the school from the requirements of Section 17071.33. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 2. Existing School Building Capacity [17071.10 - 17071.46] SECTION 17071.46. Source version: id_cec93259-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=2. (a) If an applicant school district proposes to demolish a single-story building and replace it with a multistory building on the same site, the State Allocation Board shall provide a supplemental grant for 50 percent of the replacement cost of the single-story building to be demolished, if all of the following conditions are met: (1) The cost of the demolition and construction of a new multistory building on the same site is less than the total cost of providing a new school facility, including land, on a new site for the additional number of pupils housed as a result of the multistory replacement building on the existing site, as determined by the State Allocation Board. For purposes of this subdivision, the method of estimating the site acquisition costs savings shall be based on previous actual site sizes and acquisition costs in the district for equivalent numbers of pupils, or as otherwise determined by the board if actual site acquisition comparisons are not available for the district. (2) The school district will maximize the increase in pupil capacity on the site when it builds the multistory replacement building, subject to the limits imposed on it pursuant to paragraph (3). (3) The State Department of Education has determined that the demolition of an existing single-story building and replacement with a multistory building at the site is the best available alternative and will not create a school with an inappropriate number of pupils in relation to the size of the site, as determined by the State Department of Education. (b) The State Allocation Board shall establish additional requirements it deems necessary to ensure that the economic interests of the state and the educational interests of the children of the state are protected. (Amended by Stats. 2003, Ch. 904, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 3. New Construction Eligibility Determination [17071.75 - 17071.76] SECTION 17071.75. Source version: id_1255d44a-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=3. After a one-time initial report of existing school building capacity has been completed, the ongoing eligibility of a school district for new construction funding shall be determined by making all of the following calculations: (a) A school district that applies to receive funding for new construction shall use the following methods to determine projected enrollment: (1) A school district that has two or more schoolsites each with a pupil population density that is greater than 115 pupils per acre in kindergarten and grades 1 to 6, inclusive, or a schoolsite pupil population density that is greater than 90 pupils per acre in grades 7 to 12, inclusive, as determined by the Superintendent using enrollment data from the California Basic Educational Data System for the 2004–05 school year, may submit an application for funding for projects that will relieve overcrowded conditions. That school district may also submit an alternative enrollment projection for the fifth year beyond the fiscal year in which the application is made using a methodology other than the cohort survival enrollment projection method, as defined by the board pursuant to paragraph (2), to be reviewed by the Demographic Research Unit of the Department of Finance, in consultation with the department and the Office of Public School Construction. If the Office of Public School Construction and the Demographic Research Unit of the Department of Finance jointly determine that the alternative enrollment projection provides a reasonable estimate of expected enrollment demand, a recommendation shall be forwarded to the board to approve or disapprove the application, in accordance with all of the following: (A) Total funding for new construction projects using this method shall be limited to five hundred million dollars ($500,000,000), from the Kindergarten-University Public Education Facilities Bond Act of 2004. (B) The eligibility amount for proposed projects that relieve overcrowding is the difference between the alternative enrollment projection method for the year the application is submitted and the cohort survival enrollment projection method, as defined by the board pursuant to paragraph (2), for the same year, adjusted by the existing pupil capacity in excess of the projected enrollment according to the cohort survival enrollment projection method. (C) The Office of Public School Construction shall determine whether each proposed project will relieve overcrowding, including, but not limited to, the elimination of the use of Concept 6 calendars, four track year-round calendars, or busing in excess of 40 minutes, and recommend approval to the board. The number of unhoused pupil grants requested in the application for funding from the eligibility determined pursuant to this paragraph shall be limited to the number of seats necessary to relieve overcrowding, including, but not limited to, the elimination of the use of Concept 6 calendars, four track year-round calendars, or busing in excess of 40 minutes, less the number of unhoused pupil grants attributed to that school as a source school in an approved application pursuant to Section 17078.24. (D) A school district shall use the same alternative enrollment projection methodology for all applications submitted pursuant to this paragraph and shall calculate those projections in accordance with the same districtwide or high school attendance area used for the enrollment projection made pursuant to paragraph (2). (2) A school district shall calculate enrollment projections for the fifth year beyond the fiscal year in which the application is made. Projected enrollment shall be determined by using the cohort survival enrollment projection system, as defined and approved by the board. The board may supplement the cohort survival enrollment projection with any of the following: (A) The number of unhoused pupils that are anticipated as a result of dwelling units proposed pursuant to approved and valid tentative subdivision maps. (B) Modified weighting mechanisms, if the board determines that they best represent the enrollment trends of the district. Mechanisms pursuant to this subparagraph shall be developed and applied in consultation with the Demographic Research Unit of the Department of Finance. (C) An adjustment to reflect the effects on kindergarten and first grade enrollment of changes in birth rates within the school district or high school attendance area boundaries. (3) (A) A school district may submit an enrollment projection for either a 5th year or a 10th year beyond the fiscal year in which the application is made. A school district that bases its enrollment projection calculation on a high school attendance area may use pupil residence in that attendance area to calculate enrollment. A school district that uses pupil residence shall do so for all high school attendance areas within the district. A pupil shall not be included in a high school attendance area enrollment projection based on pupil residence unless that pupil was included in the California Basic Educational Data System (CBEDS) report of the district for the same enrollment year. The board may require a district to provide a reconciliation of the districtwide CBEDS and residency data. The board also may adopt regulations to specify the format and certification requirements for a school district that submits residency data. (b) (1) Add the number of pupils that may be adequately housed in the existing school building capacity of the applicant school district as determined pursuant to Article 2 (commencing with Section 17071.10) to the number of pupils for whom facilities were provided from any state or local funding source after the existing school building capacity was determined pursuant to Article 2 (commencing with Section 17071.10). For this purpose, the total number of pupils for whom facilities were provided shall be determined using the pupil loading formula set forth in Section 17071.25. (2) Subtract from the number of pupils calculated in paragraph (1) the number of pupils that were housed in facilities to which the school district or county office of education relinquished title as the result of a transfer of a special education program between a school district and a county office of education or special education local plan area, if applicable. For this purpose, the total number of pupils that were housed in the facilities to which title was relinquished shall be determined using the pupil loading formula adopted by the board pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 17071.25. For purposes of this paragraph, title also includes any lease interest with a duration of greater than five years. (c) Subtract the number of pupils pursuant to subdivision (b) from the number of pupils determined pursuant to paragraph (2) of subdivision (a). (d) The calculations required to establish eligibility under this article shall result in a distinction between the number of existing unhoused pupils and the number of projected unhoused pupils. (e) Apply the increase or decrease resulting from the difference between the most recent report made pursuant to former Section 42268, as that section read on June 30, 2013, and the report used in determining the baseline capacity of the school district pursuant to subdivision (a) of Section 17071.25. (f) For purposes of calculating projected enrollment pursuant to subdivision (a), the board may adopt regulations to ensure that the enrollment calculation of individuals with exceptional needs receiving special education services is adjusted in the enrollment reporting period in which the transfer occurs and three previous school years as a result of a transfer of a special education program between a school district and a county office of education or a special education local plan area. However, the projected enrollment calculation of a county office of education shall only be adjusted if a transfer of title for the special education program facilities has occurred. The regulations, if adopted, shall ensure that if a transfer of title to special education program facilities constructed with state funds occurs within 10 years after initial occupancy of the facility, the receiving school district or school districts shall remit to the state a proportionate share of any financial hardship assistance provided for the project pursuant to Section 17075.10, if applicable. (g) For a school district with an enrollment of 2,500 or fewer, an adjustment in enrollment projections shall not result in a loss of ongoing eligibility to that school district for a period of five years from the date of the approval of eligibility by the board. (Amended by Stats. 2024, Ch. 81, Sec. 9. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 3. New Construction Eligibility Determination [17071.75 - 17071.76] SECTION 17071.76. Source version: id_7722d87e-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=3. (a) Whenever the existing school building capacity in any high school attendance area prevents another high school attendance area from receiving the maximum per-unhoused-pupil grant specified for the school district as a whole, the eligibility may be computed separately for each high school attendance area. (b) For the purposes of eligibility, a school district may combine two or more adjacent high school attendance areas pursuant to the following conditions: (1) The funding eligibility is for the construction of a high school, junior high school, or elementary school located or to be located in any of those high school attendance areas. (2) The high school, junior high school, or elementary school to be constructed is to serve pupils residing in each of those high school attendance areas. (3) The combined eligibility reflects the eligibility to which each of the high school attendance areas would otherwise be entitled, reflecting the proportion of projected pupil enrollment in the school to be constructed, as calculated under this chapter, from each of those attendance areas. (c) The board may permit an elementary school district that is located within a high school district to utilize this section to determine eligibility for funding if all of the following conditions apply: (1) The elementary school district average daily attendance is greater than 20,000 pupils. (2) The elementary school district maintains at least 37 elementary schools, and the high school district maintains at least 12 high schools. (3) The elementary school district has geographical boundaries encompassing more than 100 square miles. (Amended by Stats. 2008, Ch. 723, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] SECTION 17072.10. Source version: id_bf2c7bbf-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=4. (a) The board shall determine the maximum total new construction grant eligibility of an applicant by multiplying the number of unhoused pupils calculated pursuant to Article 3 (commencing with Section 17071.75) in each school district with an approved application for new construction, by the per-unhoused-pupil grant as follows: (1) Five thousand two hundred dollars ($5,200) for elementary school pupils. (2) Five thousand five hundred dollars ($5,500) for middle school pupils. (3) Seven thousand two hundred dollars ($7,200) for high school pupils. (b) The board annually shall adjust the per-unhoused-pupil apportionment to reflect construction cost changes, as set forth in the statewide cost index for class B construction as determined by the board. (c) Regulations adopted by the board prior to July 1, 2000, that adjust the amounts identified in this section for qualifying individuals with exceptional needs, as defined in Section 56026, as amended after July 1, 2000, in consideration of the recommendations provided pursuant to Section 17072.15, shall continue in effect. An increase made to the per-unhoused-pupil grant amounts set forth in subdivision (a), on or after January 1, 2010, including, but not limited to, those made pursuant to Section 17072.11 on or after January 1, 2010, also shall be made to the per-unhoused-pupil who is a qualifying individual with exceptional needs grant amounts established pursuant to this subdivision. If an increase to the per-unhoused-pupil grant amounts differentiates among the pupil groups based on whether the pupils are elementary, middle, or high school pupils, the Office of Public School Construction shall recommend to the board, within 60 days of that increase, a methodology to adjust the per-unhoused-pupil grant amount for pupils who are qualifying individuals with exceptional needs so that those adjustments appropriately reflect the increases. (d) The board may establish a single supplemental per-unhoused-pupil grant in addition to the amounts specified in subdivision (a) based on the statewide average marginal difference in costs in instances where a project requires multilevel school facilities due to limited acreage. The application of a school district shall demonstrate that a practical alternative site is not available. (e) For a school district having an enrollment of 2,500 or less for the prior fiscal year, the board may approve a supplemental apportionment of up to seven thousand five hundred dollars ($7,500) for any new construction project assistance. The amount of the supplemental apportionment authorized pursuant to this subdivision shall be adjusted in 2008 and every year thereafter by an amount equal to the percentage adjustment for class B construction. (Amended by Stats. 2009, Ch. 349, Sec. 1. (SB 334) Effective January 1, 2010. Section operative January 1, 2008, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] SECTION 17072.11. Source version: id_9f09a4ca-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=4. (a) All of the following shall apply on and after July 1, 2006: (1) The per-unhoused-pupil grant eligibility determined under paragraphs (1) and (2) of subdivision (a) of Section 17072.10 shall be increased by 7 percent. (2) The per-unhoused-pupil grant eligibility determined under paragraph (3) of subdivision (a) of Section 17072.10 shall be increased by 4 percent. (3) The board shall conduct an analysis of the relationship between the per-unhoused-pupil grant eligibility determined under this article and the per-pupil cost of new school construction for elementary, middle, and high school pupils. (b) On or after January 1, 2008, the board shall increase or decrease the per-unhoused-pupil grant eligibility determined pursuant to subdivision (a) by amounts it deems necessary to cause the grants to correspond to costs of new school construction, provided that the increase in any fiscal year pursuant to this section shall not exceed 6 percent. (Amended by Stats. 2007, Ch. 730, Sec. 9. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] SECTION 17072.12. Source version: id_cecc3fa5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=4. (a) In addition to the amount provided in Section 17072.10, the board may provide funding for assistance in site development and acquisition if all of the following are met: (1) The amount of the site acquisition and development assistance does not exceed 50 percent of the cost of site development to the school district, plus the lesser of the following: (A) 50 percent of the site cost to the school district. (B) 50 percent of the appraised value of the site within six months of the time the complete application is submitted. (2) The school district certifies that there is no alternative available site, or that the district plans to sell an available site in order to use the proceeds of the sale for the purchase of the new site. (b) Notwithstanding subdivision (a), the board may provide funding for assistance in site development and acquisition to a school district that uses land previously acquired by the school district in an amount equal to 50 percent of the cost of site development to the school district, plus 50 percent of the site’s appraised value at the time the application for site acquisition and development is submitted, provided all of the following are met: (1) The site was acquired no less than five years prior to the date the application is submitted. (2) The site had been productively used by the school district as other than a schoolsite for the five years immediately preceding the date the application is submitted. (3) The board determines that the nonschool function currently taking place on the site must be discontinued or relocated in order to utilize the site as a schoolsite. (c) A school district that receives assistance pursuant to subdivision (b) shall, within one year after the completion of the project, certify in writing to the board that the nonschool function was in fact relocated as set forth in paragraph (4) of subdivision (b). (d) Pursuant to subdivision (b), an applicant school district shall include in its application to the board a cost-benefit analysis performed by the school district demonstrating how utilizing existing nonschoolsite district property pursuant to this section would be a more effective method of solving the school district’s pupil housing problems than any other method of funding under this chapter. The board shall review and approve the analysis if the board agrees with the findings and shall consider the analysis and findings in approving the project pursuant to this section. (Amended by Stats. 2001, Ch. 647, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] SECTION 17072.13. Source version: id_cecc3fa7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=4. In addition to the amounts provided pursuant to Sections 17072.10 and 17072.12, the board may provide site acquisition and hazardous materials evaluation and response action funding for proposed new schoolsites as follows: (a) (1) For 50 percent of the cost of the evaluation of hazardous materials at a site to be acquired by a school district and for 50 percent of the other response action costs of the removal of hazardous waste or solid waste, the removal of hazardous substances, or other response action in connection with hazardous substances at that site. Except as provided in subdivision (b), the funding provided pursuant to this section may not exceed 50 percent of the total evaluation and response action costs, including, but not limited to, the costs of the removal of hazardous waste or solid waste, the removal of hazardous substances, or other response action, as determined by the Department of Toxic Substances Control, in connection with hazardous substances at that site, pursuant to standards adopted by the board. (2) For projects eligible for funding under this subdivision, the total state share of the site acquisition costs, including evaluation and response action, shall not exceed 50 percent of 11/2 times the appraised value of the uncontaminated site. However, the board may exceed this maximum for projects that demonstrate circumstances of extreme need. (b) (1) The board may provide funding for up to 100 percent of the cost of the evaluation of hazardous materials at a site to be acquired by a school district eligible for financial hardship assistance pursuant to Article 8 (commencing with Section 17075.10) and for up to 100 percent of the other response action costs for the site. The funding provided pursuant to this subdivision may not exceed 100 percent of the total evaluation and response action costs, including, but not limited to, the costs of the removal of hazardous waste or solid waste, the removal of hazardous substances, or other response action, as determined by the Department of Toxic Substances Control, in connection with hazardous substances at that site, pursuant to standards adopted by the board. (2) The board may provide funding pursuant to this subdivision only if the State Department of Education certifies that the site is the best available site considering all of the following factors in relation to other available sites: (A) The total costs of the project, including, but not limited to, costs of evaluation and response action. (B) The desirability of the site, considering its proximity to pupils and suitability for meeting the educational and safety needs of the school district. (C) The time required to fully complete the project in relation to the current and projected need for school facilities. (3) For projects eligible for funding under this subdivision, the total state share of the site acquisition costs, including evaluation and response action, shall not exceed 100 percent of 11/2 times the appraised value of the uncontaminated site. However, the board may exceed this maximum for projects that demonstrate circumstances of extreme need. (c) A school district with a proposed site that meets the environmental hardship criteria set forth in paragraph (1) may apply to the board for site acquisition, including, but not limited to, evaluation and response action, funding for that site prior to having construction plans for that site approved by the Division of the State Architect and State Department of Education. (1) A project is eligible for environmental hardship site acquisition funding if both of the following apply: (A) The preparation and implementation of a response action for the site, to be approved by the Department of Toxic Substances Control pursuant to Section 17213, is estimated by the Department of Toxic Substances Control to take six months or more to complete. (B) The State Department of Education determines that the site is the best available alternative site. (2) The initial site-specific reservation pursuant to this subdivision shall be for a period of one year. Extension may be approved in one-year intervals upon demonstration to the State Allocation Board of progress toward acquisition, including, but not limited to, evaluation or response, as the case may be. In the event there is not demonstrable progress, the State Allocation Board shall have the option of rescinding the reservation. (3) Environmental hardship site acquisition funds approved by the State Allocation Board can be used only for the site identified in the response action approved by the Department of Toxic Substances Control. (4) The date that the State Allocation Board approves the environmental hardship site acquisition funding will become the State Allocation Board approval date for the project’s construction funding for that site. (5) A school district may apply to the State Allocation Board for construction funding for the environmental hardship site when the project has received final Division of the State Architect plan approval and final State Department of Education site and plan approval. (d) The cost incurred by the school districts when complying with any requirement identified in this section are allowable costs for purposes of an applicant under this chapter and may be reimbursed in accordance with this section. (e) The State Allocation Board shall develop regulations that allow school districts with financial hardship site acquisition, including, but not limited to, evaluation and response action, funding prior to ownership of the site or evidence that the site is in escrow. (Amended by Stats. 2002, Ch. 935, Sec. 4. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] SECTION 17072.14. Source version: id_cecdc649-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=4. Notwithstanding Section 17070.63, the board may allow adjustments to a new construction grant if, as a result of additional requirements imposed by the Department of Toxic Substances Control, the actual amount paid by a school district for allowable costs of hazardous materials evaluation and removal, including associated fees, exceeds the amount of the grant apportionment for those purposes. The combined amount of the initial apportionment for these purposes and the adjustment pursuant to this section may not exceed the amount permitted pursuant to Section 17072.13. (Added by Stats. 2003, Ch. 570, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] SECTION 17072.15. Source version: id_cecdc64b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=4. In conjunction with the State Department of Education and the Department of Finance, the Legislative Analyst shall review the method of funding the construction and modernization of school facilities for special education pupils and the amount provided per unhoused special education pupil pursuant to Sections 17072.10 and 17074.10. Pursuant to this review, the Legislative Analyst shall recommend modifications to this method that he or she deems to be advisable on or before September 1, 1999. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] SECTION 17072.17. Source version: id_cecdc64d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=4. In conjunction with the State Department of Education, the Department of Finance, and the Legislative Analyst, the Department of General Services shall review the method of funding the construction and modernization of school facilities for continuation high school, community day school, county community school, and county community day school, teaching stations pursuant to Sections 17072.10 and 17074.10. Pursuant to this review, the Director of General Services shall, by September 1, 2000, recommend modifications to this method that he or she deems to be advisable. (Added by Stats. 1999, Ch. 858, Sec. 10. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 4. New Construction Grant Eligibility Determination [17072.10 - 17072.18] SECTION 17072.18. Source version: id_cecdc64f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=4. (a) (1) The board may provide evaluation and response action funding for response costs of the removal of hazardous waste or solid waste, the removal of hazardous substances, or other response action in connection with hazardous substances at an existing schoolsite, in the same manner as provided in Section 17072.13. (2) Funding as set forth in paragraph (1) may be provided to a school district that has not applied for, or received, funds from the board for the acquisition of a new schoolsite, but which has incurred, or will incur, response costs necessary for the development of the existing schoolsite, if the school district is otherwise eligible for funding under this chapter. (b) A school district may apply for funding pursuant to this section prior to having construction plans for that site approved by the Division of the State Architect or by the State Department of Education if the school district is otherwise eligible for funding under this chapter. (Amended by Stats. 2002, Ch. 935, Sec. 5. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] SECTION 17072.20. Source version: id_cecf4cf3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=5. (a) An applicant school district that has been determined by the board to meet the eligibility requirements for new construction funding set forth in Article 2 (commencing with Section 17071.10) or Article 3 (commencing with Section 17071.75) may submit at any time a request to the board for a project apportionment for all or a portion of the funding for which the school district is eligible. (b) The application shall include, but shall not be limited to, the school district’s determination of the amount of state funding that the district is otherwise eligible for relating to site acquisition, site development, new construction, and hardship funding provided pursuant to Article 8 (commencing with Section 17075.10), if any. The amount shall be reduced by the amount of the alternative fee collected pursuant to subdivision (a) of Section 65995.7 of the Government Code if a reimbursement election or agreement pursuant to Section 65995.7 of the Government Code is not in effect. (c) The board shall verify and adjust, as necessary, and approve the district’s application. (Amended by Stats. 2002, Ch. 935, Sec. 6. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] SECTION 17072.25. Source version: id_cecf4cf5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=5. (a) The board shall adopt regulations to develop a mechanism to rank approved applications for new construction funding. This mechanism shall be used to determine the priority of approved applications when either of the following conditions are met: (1) The total state funds necessary for funding all approved projects pursuant to this chapter exceed the total state funds in the fund for allocation pursuant to this chapter. (2) The actual amount of unallocated proceeds of state bonds available on or after July 1, 2000, for new construction for the purposes of this chapter is at three hundred million dollars ($300,000,000). (b) The ranking mechanism shall allocate priority points based upon the percentages of currently and projected unhoused pupils relative to the total population of the applicant district or attendance area and the total number of currently and projected unhoused pupils in an applicant district or attendance area. (c) The board may award priority points based on other factors that in its judgment result in the most equitable distribution of resources among applicants. The additional factors may not constitute greater than a 10-percent weight in the overall priority ranking. (d) This section shall apply only to projects funded with the proceeds of state bonds approved by the voters prior to January 1, 2002. (Amended by Stats. 2002, Ch. 33, Sec. 12. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] SECTION 17072.30. Source version: id_18e954dc-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=5. (a) Subject to the availability of funds, the board shall apportion funds to an eligible school district only upon the approval of the project by the Department of General Services pursuant to the Field Act, as defined in Section 17281, and certification by the school district that the required matching funds from local sources have been expended by the district for the project, or have been deposited in the county fund, or will be expended by the district by the time the project is completed, in an amount at least equal to the proposed apportionment pursuant to this chapter, before release of the state funds. (b) The board shall adjust a school district’s required local contribution pursuant to this section and the school district’s associated state contribution required pursuant to Article 4 (commencing with Section 17072.10), as follows: (1) For a school district determined to have a score of more than 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 45 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 55 percent. (2) For a school district determined to have a score of 9 or 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 47 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 53 percent. (3) For a school district determined to have a score of eight points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 48 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 52 percent. (4) For a school district determined to have a score of six or seven points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 49 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 51 percent. (5) For a school district determined to have a score of less than six points pursuant to Section 17070.59, the required local matching funds pursuant to subdivision (a) shall be 50 percent and the associated state contribution pursuant to Article 4 (commencing with Section 17072.10) shall be 50 percent. (Amended by Stats. 2024, Ch. 81, Sec. 10. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] SECTION 17072.32. Source version: id_d42fb97d-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=5. (a) For any project that has received an apportionment pursuant to Section 17072.30, funding shall be released in amounts equal to the amount of the local match upon certification by the school district that the school district has entered into a binding contract for completion of the approved project. (b) This section is operative January 1, 2008. (Repealed (in Sec. 8) and added by Stats. 2004, Ch. 894, Sec. 9. Effective January 1, 2005. Section operative January 1, 2008, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] SECTION 17072.33. Source version: id_cecf4cfb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=5. In the case of site acquisition, a district may request that the state’s share of site assistance be provided to the district in amounts equal to the amount of the local match when the district enters escrow for a site included within a project. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 5. New Construction Funding Process [17072.20 - 17072.35] SECTION 17072.35. Source version: id_1f7d238e-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=5. (a) A grant for new construction may be used for any and all costs necessary to adequately house new pupils in any approved project, and those costs may only include the cost of design, engineering, testing, inspection, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to hazardous substances at a new or existing schoolsite, demolition, construction, acquisition and installation of portable classrooms, landscaping, necessary utility costs, utility connections and other fees, equipment including telecommunication equipment to increase school security, furnishings, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite. A grant for new construction may also be used to acquire an existing government or privately owned building, or a privately financed school building, and for the necessary costs of converting the government or privately owned building for public school use. A grant for new construction may also be used for the costs of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools. A grant for new construction may be used for the costs of design, materials, and construction to advance state energy goals pursuant to state law, support outdoor learning environments, or to directly shade and protect pupils from higher average temperatures, which may include incorporating nature and natural materials. A grant for new construction may be used for seismic mitigation purposes and for related design, study, and testing costs. (b) This section does not preclude a school district from using a grant for new construction to support the construction of a school kitchen, a transitional kindergarten classroom, a facility to support a local educational agency-administered preschool program, including, but not limited to, a California state preschool program set forth in Article 2 (commencing with Section 8207) of Chapter 2 of Part 6, that is operated by a school district and located on a schoolsite operated by the district, or a facility to support school nurses and counselors to increase access to health care and mental health services. (c) In developing guidelines and regulations for consideration by the board, the State Department of Education shall provide a school district with maximum flexibility in the design and new construction of school facilities. (Amended by Stats. 2024, Ch. 81, Sec. 11. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] SECTION 17073.10. Source version: id_ced0d3a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=6. Each school district that desires to receive an apportionment for modernization under this chapter shall submit an application in a form, and in the number of copies, that the board may require. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] SECTION 17073.15. Source version: id_26092a10-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=6. (a) A school district is eligible to receive an apportionment for the modernization of a permanent school building that is more than 25 years old or a portable classroom that is at least 20 years old. A school district is eligible to receive an additional apportionment for the modernization of a permanent school building every 25 years after the date of the previous apportionment or a portable classroom every 20 years after the previous apportionment. (b) (1) Notwithstanding subdivision (a), a school district that has a school facility located on a military installation that is the recipient of a federal grant for facilities modernization that requires a local matching share is eligible to receive an apportionment for the modernization of a permanent or portable building that is at least 10 years old, or is at least 10 years old after the date of the previous modernization apportionment under this chapter. (2) Portable buildings modernized pursuant to paragraph (1) shall be replaced with a permanent structure. (Amended by Stats. 2024, Ch. 81, Sec. 12. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] SECTION 17073.16. Source version: id_cb052548-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=6. (a) A school district eligible for funding pursuant to this article may receive a supplemental grant for either of the following: (1) Expanding an existing gymnasium, multipurpose room, library, or school kitchen, if the facility is 60 percent or less than the department’s recommended size needed to serve the enrollment of the school. (2) Constructing a new gymnasium, multipurpose room, library, or school kitchen if the site is lacking one or more of the specified facilities. (b) A site may receive a supplemental grant for only one project described in subdivision (a). (c) (1) A school district eligible for a modernization apportionment may also receive a supplemental grant for either of the following: (A) Retrofitting an existing school facility to adequately house transitional kindergarten pupils. (B) Constructing new transitional kindergarten classrooms if the site is lacking sufficient school facilities to house transitional kindergarten pupils. (2) A school district that receives a supplemental grant to house transitional kindergarten pupils pursuant to paragraph (1) shall meet the requirements of subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of, paragraphs (2) and (3) of subdivision (f) of, and subdivision (g) of, Section 17375. (d) The funding provided under this section shall be in addition to any other funding provided pursuant to this article. (e) The board, in consultation with the Superintendent, shall develop regulations implementing this section. (Added by Stats. 2024, Ch. 81, Sec. 13. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] SECTION 17073.20. Source version: id_ced0d3a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=6. Funding may be approved for the modernization of any permanent school building that is more than 25 years old, or any portable classroom that is more than 20 years old, as described in Section 17071.30. (Amended by Stats. 2003, Ch. 587, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 6. Modernization Eligibility Determination [17073.10 - 17073.25] SECTION 17073.25. Source version: id_ced0d3a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=6. (a) Notwithstanding any provision of law to the contrary, the State Department of Education is eligible for modernization grants pursuant to this article for facilities of the California School for the Deaf (Chapter 1 (commencing with Section 59000) of Part 32) and the California School for the Blind (Chapter 2 (commencing with Section 59100) of Part 32). (b) The department is eligible for per-pupil funding under this article to the same extent and in the same manner as a school district, except that the hardship provisions do not apply. However, notwithstanding the 60 percent maximum funding for modernization projects, as set forth in Section 17074.16, the project shall be funded at 100 percent of the project costs, subject to per-pupil eligibility. (c) The board shall establish a process specifically tailored to consideration of the unique aspects of applications presented by the department pursuant to this section. (d) This section applies only to projects for expenditure of the proceeds of state bonds approved by the voters after January 1, 2002. (Amended by Stats. 2003, Ch. 62, Sec. 35. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.10. Source version: id_ced25a4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. (a) The board shall determine the total funding eligibility of a school district for modernization funding by multiplying the following amounts by each pupil of that grade level housed in school buildings that satisfy the requirements of Section 17073.15: (1) Two thousand two hundred forty-six dollars ($2,246) for each elementary pupil. (2) Two thousand three hundred seventy-six dollars ($2,376) for each middle school pupil. (3) Three thousand one hundred ten dollars ($3,110) for each high school pupil. (b) The board shall annually adjust the factors set forth in subdivision (a) according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the board. (c) The board may adopt regulations to be effective until July 1, 2000, that adjust the amounts identified in this section for qualifying individuals with exceptional needs, as defined in Section 56026. The regulations shall be amended after July 1, 2000, in consideration of the recommendations provided pursuant to Section 17072.15. (d) It is the intent of the Legislature that the amounts provided pursuant to this article for school modernization do not include funding for administrative and overhead costs. (e) For a school district having an enrollment of 2,500 or less for the prior fiscal year, the board may approve a supplemental apportionment of up to two thousand five hundred dollars ($2,500) for any modernization project assistance. The amount of the supplemental apportionment shall be adjusted in 2001 and every year thereafter by an amount equal to the percentage adjustment for class B construction. (f) For a portable classroom that is eligible for a second modernization, the board shall require the school district to use the modernization funds to replace the portable classroom and to certify that the existing eligible portable classroom will be removed from any classroom use, unless the school district is able to document that modernizing the portable classroom is a better use of public resources. The capacity and eligibility of the school district shall not be adjusted for replacing a portable classroom pursuant to this subdivision and Section 17073.15. (Amended by Stats. 2003, Ch. 587, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.15. Source version: id_ced25a4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. (a) The board shall release disbursements to school districts with approved applications for modernization, to the extent state funds are available for the state’s 80-percent share, and the school district has provided its 20-percent local match. Subject to the availability of funds, the board shall apportion funds to an eligible school district only upon the approval of the project by the Department of General Services pursuant to the Field Act, as defined in Section 17281, including, but not limited to, a project that complies with the Field Act by complying with Section 17280.5, and evidence that the certification by the school district that the required 20-percent matching funds from local sources have been expended by the district for the project, or have been deposited in the county fund or will be expended by the district by the time of completion of the project, and evidence that the district has entered into a binding contract for the completion of that project. If state funds are insufficient to fund all qualifying school districts, the board shall fund all qualifying school districts in the order in which the application for funding was approved by the board. (b) This section shall apply only to an application filed on or before April 29, 2002, regardless of the source of state bond funding. (Amended by Stats. 2002, Ch. 935, Sec. 9. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.16. Source version: id_2caeac02-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. (a) The board shall release disbursements to school districts with approved applications for modernization, to the extent state funds are available for the state’s share, and the school district has provided its required local match. Subject to the availability of funds, the board shall apportion funds to an eligible school district only upon the approval of the project by the Department of General Services pursuant to the Field Act, as defined in Section 17281, including, but not limited to, a project that complies with the Field Act by complying with Section 17280.5, and evidence that the certification by the school district that the required matching funds from local sources have been expended by the district for the project, or have been deposited in the county fund or will be expended by the district by the time of completion of the project, and evidence that the district has entered into a binding contract for the completion of that project. If state funds are insufficient to fund all qualifying school districts, the board shall fund all qualifying school districts in the order in which the application for funding was approved by the board. (b) The board shall adjust a school district’s required local contribution pursuant to this section and the school district’s associated state contribution required pursuant to this article as follows: (1) For a school district determined to have a score of more than 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 35 percent and the associated state contribution pursuant to this article shall be 65 percent. (2) For a school district determined to have a score of 9 or 10 points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 37 percent and the associated state contribution pursuant to this article shall be 63 percent. (3) For a school district determined to have a score of eight points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 38 percent and the associated state contribution pursuant to this article shall be 62 percent. (4) For a school district determined to have a score of six or seven points pursuant to Section 17070.59, the school district’s required local matching funds pursuant to subdivision (a) shall be 39 percent and the associated state contribution pursuant to this article shall be 61 percent. (5) For a school district determined to have a score of less than six points pursuant to Section 17070.59, the required local matching funds pursuant to subdivision (a) shall be 40 percent and the associated state contribution pursuant to this article shall be 60 percent. (Amended by Stats. 2024, Ch. 81, Sec. 14. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.20. Source version: id_ced25a51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. As a condition for the receipt of funds under this article, a school district shall ensure that all buildings modernized comply with Sections 17212, 17212.5, and 17213. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.25. Source version: id_33484714-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. (a) (1) A modernization apportionment may be used for an improvement to extend the useful life of, or to enhance the physical environment of, the school. The improvement may only include the cost of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, the replacement of portable classrooms, necessary utility costs, utility connection and other fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology, including schoolsite-based infrastructure necessary to provide access to broadband internet within the schoolsite. A modernization apportionment may be used for the costs of design, materials, demolition, and construction to advance state energy goals pursuant to state law, support outdoor learning environments, or to directly shade and protect pupils from higher average temperatures, which may include incorporating nature and natural materials. A modernization grant may not be used for costs associated with acquisition and development of real property or for routine maintenance and repair. (2) A modernization apportionment may also be used for any of the following: (A) The cost of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high-performance schools. (B) Seismic mitigation purposes and related design, study, and testing costs. (C) To remediate any water outlet used for drinking or preparing food with lead levels in excess of 15 parts per billion. (D) The control, management, or abatement of lead. (b) This section shall not preclude a school district from using a grant for modernization to support the modernization of a school kitchen, a transitional kindergarten classroom, a facility to support a local educational agency-administered preschool program, including, but not limited to, a California state preschool program set forth in Article 2 (commencing with Section 8207) of Chapter 2 of Part 6, that is operated by a school district and located on a schoolsite operated by the district, or a facility to support school nurses and counselors to increase access to health care and mental health services. (c) (1) A modernization apportionment may be used to limit pupil exposure to harmful air pollutants by updating air filtration systems. (2) (A) This subdivision is declaratory of existing law. (B) It is the intent of the Legislature in enacting Chapter 714 of the Statutes of 2018 (Assembly Bill 2453 of the 2017–18 Regular Session) to encourage school districts to add air filtration systems to applications for modernization apportionments when air pollution occasionally or regularly exceeds levels known to be harmful to public health. (d) Notwithstanding any other provision of this article, a school district that is apportioned funds pursuant to Section 17073.16 shall use the supplemental grant for expanding an existing, or constructing a new, gymnasium, multipurpose room, library, or school kitchen. (e) In developing guidelines and regulations for consideration by the board, the department, in consultation with the State Department of Education, shall provide a school district with maximum flexibility in the design and modernization of school facilities. (Amended by Stats. 2024, Ch. 81, Sec. 15. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.26. Source version: id_ced25a55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. The board shall adopt regulations to adjust the per-pupil amounts set forth in Section 17074.14 for modernization projects for school buildings that are 50 years old or older based upon the higher costs associated with modernizing older buildings. (Added by Stats. 2002, Ch. 33, Sec. 16. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.265. Source version: id_d2ad4a2a-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. (a) Notwithstanding Article 6 (commencing with Section 17073.10), a school district shall be eligible to receive a modernization apportionment to demolish and construct a building or buildings on an existing schoolsite if both of the following conditions are met: (1) The building or buildings to be replaced are at least 75 years old. (2) The school district provides a cost-benefit analysis that indicates the total cost to modernize the building or buildings is at least 50 percent of the current replacement cost, as defined by the board, of the building or buildings. The cost-benefit analysis may include applicable site development costs. (b) A project that meets the requirements of subdivision (a) shall be eligible for a grant equal to the grant provided under Section 17072.10 multiplied by the capacity of the building or buildings calculated pursuant to Section 17071.25. (c) The board may adopt regulations to implement this section. (Added by Stats. 2024, Ch. 81, Sec. 16. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.27. Source version: id_ced3e0f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. In addition to the uses specified in Section 17074.25, a modernization apportionment may also be used for the control, management, or abatement of lead. (Added by Stats. 2002, Ch. 1075, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7. Modernization Apportionment [17074.10 - 17074.30] SECTION 17074.30. Source version: id_ced3e0f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7. Commencing with applications submitted after January 1, 2004, any school district applying for funding pursuant to this article shall certify that it has considered the potential for the presence of lead-containing materials in the modernization projects and will follow all relevant federal, state, and local standards for the management of any identified lead. (Added by Stats. 2002, Ch. 1075, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] SECTION 17074.50. Source version: id_ced3e0fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7.5. (a) On and after July 1, 2002, all new construction projects submitted to the Division of the State Architect pursuant to this chapter, including, but not limited to, hardship applications, that require the approval of the Department of General Services shall include an automatic fire detection, alarm, and sprinkler system as set forth in Section 17074.52 and approved by the State Fire Marshal. These provisions shall entitle the school district to all applicable reductions in code requirements, as provided in the California Building Standards Code (Title 24 of the California Code of Regulations). (b) On and after July 1, 2002, all modernization projects that have an estimated total cost in excess of two hundred thousand dollars ($200,000) submitted to the Division of the State Architect pursuant to this chapter, including, but not limited to, hardship applications, that require the approval of the Department of General Services shall include an automatic fire detection and alarm system as set forth in Section 17074.52 and approved by the State Fire Marshal. For a modernization project that is to be completed in more than one phase, the school district may defer installation of the system until the final phase of the modernization project. Solely for purposes of this section, “modernization” means any modification of a permanent structure or construction of a new building on an existing campus. (c) The Department of General Services shall administer this section based upon the standards adopted by the State Fire Marshal pursuant to Section 17074.52. (Added by Stats. 2001, Ch. 725, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] SECTION 17074.52. Source version: id_ced5679f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7.5. (a) For modernization projects, the automatic fire detection and alarm system required pursuant to subdivision (b) of Section 17074.50 shall consist of smoke or heat detectors, or a combination thereof, as determined by the State Fire Marshall, installed in the school building. The alarm, upon activation of an initiating device, shall alert all occupants and shall transmit the alarm signal to an approved supervising station. (b) For new construction projects, the automatic fire detection, alarm, and sprinkler system required pursuant to subdivision (a) of Section 17074.50, shall in addition to compliance with subdivision (a), include an automatic fire sprinkler system installed in the school building including, but not necessarily limited to, attic spaces. (c) Notwithstanding Section 17074.50 or subdivisions (a) or (b) of this section, for a stand alone portable building, the system required pursuant to this article shall consist of an automatic fire detection and alarm system. For the purposes of this subdivision a “stand alone portable building” means a portable building that is used as a single classroom and that is sited more than 25 feet from any other building, including, but not limited to, any other portable building. (d) Except as required for automatic fire detectors and waterflow detection devices, manual fire alarm boxes shall not be required throughout the school building. (e) The entire system shall be installed, tested, and maintained in accordance with the regulations of the State Fire Marshal. (Added by Stats. 2001, Ch. 725, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] SECTION 17074.54. Source version: id_ced567a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7.5. (a) A portable building that is sited with the intent that it be at the site for less than three years and is sited upon a temporary foundation in a manner that is designed to permit easy removal, is exempt from Sections 17074.50 and 17074.52 for a period of three years from the date of siting. (b) After the three-year exemption set forth in subdivision (a), a school district may request an extension of the exemption for an additional period not to exceed three additional years. The board shall grant the request if the school district presents convincing evidence demonstrating to the satisfaction of the board that the extension is necessary. (c) For purposes of this section, “ portable building” means a classroom building of modular design and construction that meets all of the following criteria: (1) It is designed and constructed to be relocatable and transportable over public streets. (2) It is designed and constructed for relocation without detaching the roof or the floor from the building. (3) It has a floor area of 2,000 square feet or less when measured at the most exterior walls. (Added by Stats. 2001, Ch. 725, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 7.5. Automatic Fire Detection, Alarm, and Sprinkler Systems [17074.50 - 17074.56] SECTION 17074.56. Source version: id_ced567a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=7.5. (a) The State Allocation Board shall adjust the per-pupil grant amount set forth in Section 17072.10 as necessary to accommodate 50 percent of the increased costs due to the automatic fire detection, alarm, and sprinkler system required pursuant to subdivision (a) of Section 17074.50. The board shall adjust the per-pupil grant amount set forth in Section 17074.10 as necessary to accommodate 80 percent of the increased costs due to the automatic fire detection and alarm system required pursuant to subdivision (b) of Section 17074.50. The board shall establish a method to provide up to 100 percent of the increased costs of the automatic fire detection, alarm, and sprinkler, if applicable, systems for school districts which qualify for hardship assistance pursuant to paragraph (1) of subdivision (b) of Section 17075.10. (b) By July 1, 2003, the board shall review the adequacy of the per-pupil grant adjustments made pursuant to subdivision (a) and shall increase or decrease those adjustments as determined to be necessary. (c) Any project submitted to the Division of the State Architect on or after September 1, 2001, that includes a qualifying fire detection, alarm, and sprinkler, if applicable, system, and that has not been fully funded prior to July 1, 2002, shall be eligible for grant or eligibility adjustments as set forth in this article. (Added by Stats. 2001, Ch. 725, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 8. Hardship Application [17075.10 - 17075.20] SECTION 17075.10. Source version: id_da534c2c-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=8. (a) (1) For health and safety projects for school facilities that are determined by the department to pose an unacceptable risk of injury to occupants in the event of a seismic event, a school district shall demonstrate both of the following to the satisfaction of the board: (A) That due to unusual circumstances that are beyond the control of the school district, excessive costs need to be incurred in the construction of school facilities. (B) That the facilities are needed to ensure the health and safety of pupils if the health and safety of pupils is at risk. (2) For purposes of paragraph (1), health and safety projects include projects to replace the most vulnerable school facilities that are identified as a Category 2 building, as defined in the report submitted pursuant to Section 17317. (b) (1) A school district is eligible for health and safety funding to replace, reconstruct, or construct new classrooms and related facilities if the school district demonstrates there is a threat to the health and safety of pupils. To determine the applicable grant amounts, the district shall prepare and submit to the department a cost-benefit analysis that compares the minimum cost to remain in the classroom or related facility and mitigate the health and safety problem with the current replacement cost. (2) The project qualifies for modernization funding if the minimum cost is less than 50 percent of the current replacement cost of the classroom or related facility. (3) The project qualifies for replacement facilities if the cost-benefit analysis prepared pursuant to paragraph (1) demonstrates that the cost to remain in the classroom or related facility and mitigate the problem is at least 50 percent of the replacement value. (c) The department shall develop regulations to define eligible health and safety projects that meet the requirements of subdivisions (a) and (b) for purposes of project approval by the board. (Repealed and added by Stats. 2024, Ch. 81, Sec. 18. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 8. Hardship Application [17075.10 - 17075.20] SECTION 17075.11. Source version: id_c1409844-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=8. (a) A school district may apply for hardship assistance in cases of extraordinary circumstances. (b) A school district applying for state funding under this section shall demonstrate that due to unusual circumstances that are beyond the control of the school district, excessive costs need to be incurred in the construction of school facilities. (c) The board shall review the increased costs that may be uniquely associated with urban construction and shall adjust the per-pupil grant for new construction or modernization hardship applications as necessary to accommodate those costs. The board shall adopt regulations setting forth the standards, methodology, and a schedule of allowable adjustments for the urban adjustment factor established pursuant to this subdivision. (d) This section shall apply to applications submitted on or after October 31, 2024. (Added by Stats. 2025, Ch. 8, Sec. 13. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 8. Hardship Application [17075.10 - 17075.20] SECTION 17075.15. Source version: id_39eb5806-9c86-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=8. (a) From funds available from any bond act for the purpose of funding facilities for school districts with a financial hardship, the board may provide other construction, modernization, or relocation assistance as set forth in this chapter or Chapter 14 (commencing with Section 17085) to the extent that severe circumstances may require, and may adjust or defer the local financial participation, as pupil health and safety considerations require to the extent that bond act funds are provided for this purpose. (b) The board shall adopt regulations for determining the amount of funding that may be provided to a district, and the eligibility and prioritization of funding, under this article. (c) The regulations shall define the amount, and sources, of financing that the school district could reasonably provide for school facilities as follows: (1) Unencumbered funds available in all facility accounts in the school district, including, but not limited to, fees on development, redevelopment funds, sale proceeds from surplus property, funds generated by certificates of participation for facility purposes, bond funds, federal grants, and other funds available for school facilities, as the board may determine. (2) The board may exclude from consideration all funds encumbered for a specific capital outlay purpose, a reasonable amount for interim housing, and other funds that the board may find are not reasonably available for the project. (d) The regulations shall also specify a method for determining required levels of local effort to obtain matching funds. The regulations shall include consideration of at least all of the following factors: (1) Whether the school district has passed a bond measure within the two-year period immediately preceding the application for funding under this article, the proceeds of which are substantially available for use in the project to be funded under this chapter, but remains unable to provide the necessary matching share requirement. (2) Whether the principal amount of the current outstanding bonded indebtedness issued for the purpose of constructing school facilities for the school district and secured by property within the school district or by revenues of, or available to, the school district, which shall include general obligation bonds, Mello-Roos bonds, school facility improvement district bonds, certificates of participation, and other debt instruments issued for the purpose of constructing school facilities for the school district and for which owners of property within the school district or the school district are paying debt service is at least 60 percent of the school district’s total bonding capacity, as determined by the board. (3) (A) Whether the total bonding capacity, as defined in Section 15102 or 15106, as applicable, is fifteen million dollars ($15,000,000) or less, in which case, the school district shall be deemed eligible for financial hardship. (B) Commencing with the 2026–27 fiscal year, the amount described in subparagraph (A) shall be adjusted each fiscal year by the inflation adjustment computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (4) Whether the application for funding under this article is from a county superintendent of schools. (5) Whether the school district submits other evidence of substantial local effort acceptable to the board. (6) The value of any unused local general obligation debt capacity, and developer fees added to the needs analysis to reflect the district’s financial hardship, available for the purposes of school facilities financing. (Amended by Stats. 2024, Ch. 81, Sec. 19. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 8. Hardship Application [17075.10 - 17075.20] SECTION 17075.20. Source version: id_e1e9bdce-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=8. (a) Notwithstanding any other law, the board may provide assistance under this chapter for purposes of procuring interim housing, including, but not limited to, the leasing or acquisition of portable classrooms and any work associated with placing them on a site, to school districts and county offices of education impacted by a natural disaster for which the Governor has declared a state of emergency. The allocated funds shall supplement funding from insurance or any other local, state, or federal government disaster assistance. (b) For purposes of this section, and notwithstanding any other section of this chapter, school districts and county offices of education determined by the board to be impacted by a natural disaster as described in subdivision (a) are deemed to meet the requirements set forth in Section 17075.10. (c) Notwithstanding any other law, a school district or county office of education that receives assistance under this section shall be entitled to retain savings from a project and use those savings for other high-priority capital outlay purposes consistent with the requirements of subdivision (c) of Section 17070.63. (d) (1) A grant provided pursuant to this section shall not affect the applicant’s eligibility for any other program under this chapter. (2) Notwithstanding paragraph (1), a portable classroom purchased pursuant to subdivision (a) shall be included in the determination of eligibility for new construction funding pursuant to Section 17071.75. (e) The board may provide any other assistance to a school district or county office of education determined by the board to be impacted by a natural disaster as described in subdivision (a). (Added by Stats. 2024, Ch. 81, Sec. 20. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 8.5. Classroom Security Locks [17075.50- 17075.50.] SECTION 17075.50. Source version: id_fd0aeb2e-1266-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=8.5. (a) On and after July 1, 2011, all new construction projects submitted to the Division of the State Architect pursuant to this chapter shall include locks that allow doors to classrooms and any room with an occupancy of five or more persons to be locked from the inside. (b) The locks shall conform to the specifications and requirements set forth in Title 24 of the California Code of Regulations. (c) Doors that are locked from the outside at all times and pupil restrooms are exempt from the requirements of this section. (Added by Stats. 2010, Ch. 430, Sec. 2. (AB 211) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 9. Program Accountability [17076.10 - 17076.12] SECTION 17076.10. Source version: id_dd98368b-e4ac-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=9. (a) A school district that receives any funds pursuant to this chapter shall submit a summary report of expenditure of state funds and of school district matching funds annually until all state funds and school district matching funds are expended, and shall then submit a final report to the board. The board may require an audit of these reports or other school district records to ensure that all funds received pursuant to this chapter are expended in accordance with program requirements. (b) If the board finds that a participating school district has not made substantial progress towards increasing its pupil capacity or modernizing its facilities within 18 months of receiving any funding pursuant to this chapter, the board shall rescind the apportionment in an amount equal to the unexpended funds. (c) (1) If the board, after the review of expenditures or audit has been conducted pursuant to subdivision (a), determines that a school district failed to expend funds in accordance with this chapter, the department shall notify the school district of the amount that must be repaid to the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, the 2006 State School Facilities Fund, or the 2016 State School Facilities Fund, as the case may be, within 60 days. If the school district fails to make the required payment within 60 days, the department shall notify the Controller and the school district in writing, and the Controller shall deduct an amount equal to the amount to be repaid by the school district under this subdivision, from the school district’s next principal apportionment or apportionments of state funds to the school district, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. Any amounts obtained by the Controller shall be deposited into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, the 2006 State School Facilities Fund, or the 2016 State School Facilities Fund, as appropriate. (2) Notwithstanding paragraph (1), if the board determines that repayment of the full liability within 60 days after the board action would constitute a severe financial hardship, as defined by the board, for the school district, the board shall approve a plan of equal annual payments over a period of up to 20 years. The plan shall include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The Controller shall withhold amounts, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution, pursuant to the plan. (d) If a school district receives an apportionment, but has not met the criteria to have funds released pursuant to Section 17072.32 or 17074.15 within a period established by the board, but not to exceed 18 months, the board shall rescind the apportionment and deny the district’s application. (Amended by Stats. 2021, Ch. 44, Sec. 13. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 9. Program Accountability [17076.10 - 17076.12] SECTION 17076.11. Source version: id_2d3a1616-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=9. (a) If the board determines that a school district, county office of education, joint powers authority, or charter school is in default, or projected to default, with the requirements of any program administered by the board, the board may withhold any new approvals for that school district, county office of education, joint powers authority, or charter school under this chapter. The board may require sufficient evidence from the applicant that a default or projected default has been addressed before making any new approvals. (b) The withholding of any new approvals pursuant to this section shall not, in and of itself, make the board liable for any tort, breach of contract, or any other action for damages caused by an applicant arising from new construction or modernization by the applicant. These contracts include, but are not limited to, contracts between the applicant and its construction contractors, construction managers, architects, or engineers. The applicant shall be liable for all torts, breaches of contract, or any other actions for damages caused by the applicant. (c) For purposes of this section the following definitions apply: (1) “Charter school” includes a charter school or entity managing a charter school, as described in subdivision (a) of Section 47604.1. (2) “New approvals” include, but are not limited to, unfunded approvals, apportionments, fund releases, and closeout audit adjustments. (Added by Stats. 2026, Ch. 65, Sec. 35. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ARTICLE 9. Program Accountability [17076.10 - 17076.12] SECTION 17076.12. Source version: id_e7bc5c28-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=12.5.&article=9. Any school district using funds allocated pursuant to this chapter for the construction or modernization of a school building shall have a participation goal of at least 3 percent, per year, of the overall dollar amount expended each year by the school district, for disabled veteran business enterprises. (Added by renumbering Section 17076.11 by Stats. 2026, Ch. 65, Sec. 34. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17085. Source version: id_cee4aa33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. This chapter may be cited as the State Relocatable Classroom Law of 1979. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17086. Source version: id_cee4aa35-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. In adopting this chapter, the Legislature recognizes that the ad valorem tax is no longer available as a source of revenue for the construction of necessary school facilities. The Legislature considers that the greatest need in school construction is for classrooms for the education of public school pupils. It is the intent of the Legislature to satisfy this primary need to the greatest extent possible before providing any additional educational facilities, regardless of how desirable such additional facilities may be. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17087. Source version: id_cee62fd7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. As used in this chapter: (a) “Board” means the State Allocation Board. (b) “Good repair” has the same meaning as specified in subdivision (d) of Section 17002. (c) “Lessee” means a school district or county superintendent of schools to whom the board has leased a portable classroom pursuant to this chapter. (d) “State School Building Aid Fund” means that fund established pursuant to Section 16096. (Amended by Stats. 2004, Ch. 900, Sec. 8. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17088. Source version: id_cee62fd9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. In addition to any other powers and duties as are granted the board by this chapter, other statutes, or the State Constitution, the board has the power to do each of the following: (a) Establish any qualifications not in conflict with other provisions of this chapter, as it deems will best serve the purposes of this chapter, for determining the eligibility of school districts and county superintendents of schools to lease portable classrooms under this chapter. (b) Establish any procedures and policies in connection with the administration of this chapter as it deems necessary. (c) Adopt any rules and regulations for the administration of this chapter requiring such procedure, forms, and information, as it may deem necessary. (d) Have constructed, furnished, equipped, or otherwise require whatever work is necessary to place, portable classrooms on schoolsites where needed. (e) Own, have maintained, and lease portable classrooms to qualifying school districts and county superintendents of schools. (f) From any moneys in the State School Building Aid Fund available for purposes of this chapter, the board shall make available to the Director of General Services such amounts as it determines necessary to provide the assistance, pursuant to this chapter, required by Section 15504 of the Government Code. (g) Notwithstanding any other provision of law, from any funds available to the board, the board may, no later than January 15 of any year, make available to the Director of General Services up to thirty-five million dollars ($35,000,000) for expenditure in the subsequent school year. It is the intent of the Legislature that this allocation be annually funded from an appropriation made for this purpose by the Legislature in the Budget Act for the fiscal year in which the board is to act to make that funding available. These funds shall be utilized to purchase portable classrooms for the purposes of this section. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17088.2. Source version: id_de4dbf87-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. Notwithstanding any other law, the board may transfer any funds within the State School Building Aid Fund that are in excess of the amounts needed by the board for the maintenance of portable buildings or for the purchase of new portable buildings, for that fiscal year, to any of the following, as appropriate: (a) The 1998 State School Facilities Fund for allocation by the board for any purpose authorized pursuant to that fund. (b) The 2002 State School Facilities Fund for allocation by the board for any purpose authorized pursuant to that fund. (c) The 2004 State School Facilities Fund for allocation by the board for any purpose authorized pursuant to that fund. (Amended by Stats. 2015, Ch. 386, Sec. 10. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17088.3. Source version: id_cee62fdd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. (a) No school district shall qualify for the lease under this chapter, after January 1, 1990, of one or more portable classrooms except upon submitting a study examining the feasibility of implementing in the district a year-round multitrack educational program that is designed to increase pupil capacity in the district by at least 20 percent. (b) Emergency or urgency conditions within a school district shall constitute grounds for approval by the board, pending submission of the report. (c) Subdivision (a) does not apply to facilities that are designated as uninhabitable after July 1, 1989, due to fire or other health or safety conditions. (d) Subdivision (a) does not apply to a school district for leases or subleases under this chapter for the purpose of providing facilities, pursuant to subdivision (c) of Section 17091, for licensed child day care programs or recreation or enrichment activities or programs for schoolage children. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17088.5. Source version: id_cee7b67f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. (a) The board may empower any lessee to act as its agent in the performance of acts authorized under this chapter with regard to portable classrooms to be made available to that lessee, including, but not necessarily limited to, contracting for architectural and construction services and purchasing furniture and equipment. (b) In addition, where any qualifying school district or county superintendent of schools is deemed by the board to be eligible under this chapter for the lease of portable classrooms, but adequate funds are not at that time available to the board for the purchase of those classrooms, the board may authorize the school district or county superintendent of schools to purchase portable classrooms, to the extent of that eligibility, pursuant to the following conditions: (1) The portable classrooms are purchased under a procedure determined by the board, pursuant to either a bidding process implemented by the school district or county superintendent of schools or by the State Office of Procurement. (2) To the extent that funding for purposes of this chapter is subsequently made available to the board, the board shall purchase the portable classroom or classrooms from the school district or county superintendent of schools, for lease to that entity under this chapter, for an amount, not to exceed the purchase price the board determines it would have paid for the classroom or classrooms at the time they were acquired pursuant to paragraph (1), as necessary to reimburse the school district or county superintendent of schools for the purchase price, less the amount that would have been charged to the school district or county superintendent of schools for the lease of the classroom or classrooms under Section 17089 from the date of purchase. The sale of the portable classroom or classrooms under this paragraph shall be at the discretion of the school district or county superintendent of schools. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17088.7. Source version: id_cee7b681-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. (a) Any school district, or, under a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, any combination of one or more school districts or county superintendents of schools, may, to the extent of the eligibility of the school district or of the parties to the joint powers agreement to lease portable classrooms under this chapter, purchase portable classrooms as provided in this section. (b) The number of portable classrooms which may be purchased pursuant to this section, on a statewide basis, shall not exceed 200 in any given year, and shall not exceed 600 in total. Portable classrooms purchased prior to September 22, 1989, are exempt from the yearly limit of 200, but shall be counted towards the total limit of 600. (c) The purchase costs of the portable classrooms, which include costs of site preparation, furniture and equipment, toilet facilities as described in Section 65980 of the Government Code, and the transportation of classrooms, may be funded from revenues received by the school district or districts pursuant to Section 17620. The purchase shall comply with any procedures and policies established by the board under this chapter for the purchase of portable classrooms. All portable classrooms purchased pursuant to this section are the property of the state. (d) The board shall lease the portable classrooms purchased pursuant to the authority granted in this section to the purchaser, as described in subdivision (a), in accordance with this chapter, including applicable eligibility standards, and the purchase costs paid shall be credited toward the rent the purchaser would otherwise be required to pay under this chapter as a lessee. (e) In the event that the purchase of portable classrooms under this section occurs pursuant to a joint powers agreement, as described in subdivision (a), the agreement shall identify the school district or districts and county superintendent or superintendents of schools that are party to the agreement, identify the district or districts providing the revenues, specify the manner in which the revenues are to be expended, and specify the distribution of portable classrooms subsequent to purchase, which distribution shall be in accordance with the eligibility requirements of this chapter. The agreement shall be subject to approval of the board, pursuant to subdivision (b) and any applicable procedures and policies established by the board under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17089. Source version: id_cee7b683-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. (a) The board shall lease portable classrooms to qualifying school districts and county superintendents of schools for not less than one dollar ($1) per year, nor more than four thousand dollars ($4,000) per year, for each portable classroom. This amount shall be annually increased according to the adjustment for inflation set forth in the statewide cost index for classroom construction, as determined by the board at its January meeting. (b) The board shall require each lessee to undertake all necessary maintenance, repairs, renewal, and replacement to ensure that a project is at all times kept in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the lessee. (c) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002. (Amended by Stats. 2004, Ch. 900, Sec. 9. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17089.2. Source version: id_cee7b685-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. Any portable classroom that is leased from the board by a school district or county superintendent of schools under this chapter on or prior to December 1, 1991, may be purchased by that district or county superintendent of schools for an amount equal to the purchase price paid by the board, including the purchase costs specified in subdivision (c) of Section 17088.7, less the amount of any rent already paid to the board by the district or county superintendent of schools for that classroom. Payment for purchases made pursuant to this section shall be in equal annual installments for an agreed upon term not to exceed nine years. (Amended by Stats. 1998, Ch. 848, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17089.5. Source version: id_cee93d27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. The board may lease portable classrooms to any school district or county superintendent of schools which serves infant or preschool individuals with exceptional needs, as defined in Section 56026, and which operates programs pursuant to Part 30 (commencing with Section 56000). These portable classrooms shall be adequately equipped to meet the educational needs of these students, including, but not limited to, sinks and restroom facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17090. Source version: id_cee93d29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. The board shall require lessees to insure at their own expense for the benefit of the state, any leased portable classroom which is the property of the state, against such risks, including liability from the use thereof, in such amounts as the board may deem necessary to protect the interest of the state. All payments resulting from claims made against the insurance shall be made payable to and retained by the board for deposit in the State School Building Aid Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17091. Source version: id_cee93d2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. (a) The board shall have authority to adopt rules establishing priorities for the acquisition and leasing of classrooms to those school districts and county superintendents of schools whose pupils will benefit most. The board may make exceptions from the established priorities if it determines that the pupils affected will benefit. (b) If at any time the number of portable classrooms available exceeds the number of those required by applicant districts, as determined by basic loading standards and eligibility requirements, the board may authorize additional portable classrooms to be placed in any school district that agrees to hire an additional teacher for each additional portable classroom placed in the district pursuant to this subdivision. (c) If at any time the number of portable classrooms available exceeds the number of those required by applicant districts, as determined by basic loading standards and eligibility requirements, the board shall authorize additional portable classrooms to be placed in any school district, upon request of the school district, for the purpose of providing licensed child day care programs or recreation or enrichment activities or programs for schoolage children on a schoolsite, unless the surplus classrooms are needed for emergency purposes. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17092. Source version: id_cee93d2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. (a) No portable classrooms shall be made available to any school district unless the district furnishes evidence, satisfactory to the board, that the district has no available bond proceeds that could be used for the purchase of classroom facilities. (b) Notwithstanding any other provision of law, a school district or county superintendent of schools that has received approval for a project that includes a justified number of new teaching stations pursuant to Chapter 12 (commencing with Section 17000) or Chapter 12.5 (commencing with Section 17070.15) shall be eligible for at least the same number of emergency portable classrooms as approved new teaching stations. (c) Subdivision (a) does not apply to leases or subleases under this chapter for the purpose of providing facilities, pursuant to subdivision (c) of Section 17091, for licensed child day care programs or any recreation or enrichment activities or programs for schoolage children. (Amended by Stats. 2000, Ch. 590, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17092.3. Source version: id_cee93d2f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. A school district may sublease any portable classroom obtained by the district pursuant to subdivision (c) of Section 17091 to a private provider that has entered into a contract with the district to provide any child care and development program or programs or any recreation or enrichment activities or programs for schoolage children on a schoolsite. The terms of the sublease for rental payments and other related costs shall not exceed the costs of the portable classroom to the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17093. Source version: id_cee93d31-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. The board shall have prepared for its use, performance specifications for portable classrooms complying with Sections 17280 to 17314, inclusive, which are capable of being economically moved, and bids for the construction of which can be solicited from more than one responsible bidder. The board may from time to time solicit bids from, and award to, the lowest responsible competitive bidder, contracts for the construction or purchase of the number of portable classrooms it deems will be required by eligible school districts and county superintendents of schools during the next 12 months. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17094. Source version: id_cee93d33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. If at any time the board determines that a lessee’s need for particular portable classrooms which were made available to the lessee pursuant to this chapter has ceased, the board may take possession of the portable classrooms and may lease them to other eligible districts or county superintendents of schools, or if there is no longer a need for any portable classrooms, the board may dispose of them to public or private parties in any manner that it deems to be in the best interests of the state. Any revenue which is derived from a lease or other disposition of the portable classrooms pursuant to this section shall be deposited in the State School Building Aid Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17095. Source version: id_ceeac3d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. The State Board of Education may waive application of the penalty provisions of Section 41376 for school districts which during the school year used portable classrooms leased pursuant to this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 14. Emergency School Classroom Law of 1979 [17085 - 17096] ARTICLE 1. General Provisions [17085 - 17096] SECTION 17096. Source version: id_ceeac3d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=14.&article=1. Commencing with leases entered into on or after January 1, 2000, the plans and specifications for portable classrooms funded pursuant to this chapter shall include a provision for a telephone in each portable classroom. The connection from the portable classroom to a public switched telephone network, as set forth in Section 17077.10, shall be made by the school district at the time of the installation of the building. However, a school district may meet this requirement by utilizing wireless technology equivalent to a hard-wired connection to a public switched telephone network. (Added by Stats. 1999, Ch. 709, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 15. School District Revenue Bonds [17100 - 17112] ARTICLE 1. General Provisions [17100- 17100.] SECTION 17100. Source version: id_ceeac3dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=15.&article=1. The Legislature hereby finds and declares that the State School Building Lease-Purchase Fund, pursuant to Section 17008, and the proceeds from the sale or lease of surplus school property are the two sources available to school districts to finance the construction of school facilities to relieve overcrowding. However, these sources are still insufficient to meet the construction needs statewide of school districts. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 15. School District Revenue Bonds [17100 - 17112] ARTICLE 2. Revenue Bonds [17110 - 17112] SECTION 17110. Source version: id_ceec4a81-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=15.&article=2. The governing board of a school district may issue for sale revenue bonds to finance the construction of joint occupancy facilities as prescribed in Article 8 (commencing with Section 17515) of Chapter 4 of Part 10.5, which facilities are necessary to relieve overcrowded schools. Proceeds from the rental and lease of the facilities shall be used by the governing board to repay the revenue bonds. As used in this chapter: (a) “To finance the construction of joint occupancy facilities” means to offset either the cost of constructing the joint occupancy facilities or the cost of financing the construction of joint occupancy facilities, or both. (b) “Joint occupancy facilities” means any building constructed pursuant to this chapter which is occupied jointly by a school district and a private entity specified in Section 17811 or one or more buildings which are constructed pursuant to this chapter on the same property used by the district and the private entity, but are not occupied jointly. Facilities to be acquired by purchase pursuant to this article for occupancy by pupils shall meet the requirements of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5. (c) “Construction” includes acquisition by purchase. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 15. School District Revenue Bonds [17100 - 17112] ARTICLE 2. Revenue Bonds [17110 - 17112] SECTION 17111. Source version: id_ceec4a83-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=15.&article=2. The governing board may contract with any person, firm, partnership, joint venture, or other private entity for the purpose of issuing revenue bonds pursuant to Section 17810 and for the purpose of renting or leasing the facilities constructed pursuant to this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 15. School District Revenue Bonds [17100 - 17112] ARTICLE 2. Revenue Bonds [17110 - 17112] SECTION 17112. Source version: id_ceec4a85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=15.&article=2. No revenue bonds may be issued for sale by the governing board unless the facilities are to be constructed on district-owned property, except as to facilities to be acquired by purchase. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 16. Public Disclosure of Non-Voter-Approved Debt [17150 - 17150.1] SECTION 17150. Source version: id_78f96d44-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=16.&article= (a) Upon the approval by the governing board of the school district to proceed with the issuance of revenue bonds or to enter into an agreement for financing school construction pursuant to Chapter 18 (commencing with Section 17170), the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide the repayment schedules for that debt obligation and evidence of the ability of the school district to repay that obligation to the county auditor, the county superintendent, the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation. (b) Upon the approval by the county board of education to proceed with the issuance of revenue bonds or to enter into an agreement for financing pursuant to Chapter 18 (commencing with Section 17170), the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide the repayment schedules for that debt obligation and evidence of the ability of the county office of education or school district to repay that obligation, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation. (c) Prior to delivery of the notice required by subdivision (a) neither the county nor its officers shall have responsibility for the administration of the indebtedness of the school district. Failure to comply with the requirements of this section will not affect the validity of the indebtedness. (Amended by Stats. 2008, Ch. 128, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 16. Public Disclosure of Non-Voter-Approved Debt [17150 - 17150.1] SECTION 17150.1. Source version: id_7997d026-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=16.&article= (a) No later than 30 days before the approval by the governing board of the school district to proceed with the issuance of certificates of participation and other debt instruments that are secured by real property and do not require approval of the voters of the school district, the school district shall notify the county superintendent of schools and the county auditor. The superintendent of the school district shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, evidence of the ability of the school district to repay that obligation, and the issuance costs, to the county auditor, the county superintendent, the governing board, and the public. Within 15 days of the receipt of the information, the county superintendent of schools and the county auditor may comment publicly to the governing board of the school district regarding the capability of the school district to repay that debt obligation. (b) No later than 30 days before the approval by the county board of education to proceed with the issuance of certificates of participation and other debt instruments that are secured by real property and do not require approval of the voters of the county, the county superintendent of schools or superintendent of a school district for which the county board serves as governing board shall notify the Superintendent. The county superintendent of schools or the superintendent of a school district for which the county board serves as the governing board shall provide information necessary to assess the anticipated effect of the debt issuance, including the repayment schedules for that debt obligation, the evidence of the ability of the county office of education or school district to repay that obligation, and issuance costs, to the Superintendent, the governing board, and the public. Within 15 days of the receipt of the information the Superintendent may comment publicly to the county board of education regarding the capability of the county office of education or school district to repay that debt obligation. (Added by Stats. 2008, Ch. 128, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] SECTION 17160. Source version: id_ceedd12d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=17.&article= It is the intent of the Legislature in enacting this act to provide a source of financing for the development of California public schools’ educational technology infrastructure for the use of technology in instruction through the use of state revenue bonds repaid from a dedicated portion of funds allocated to school districts from the California State Lottery Education Fund pursuant to Section 8880.5 of the Government Code. It is further the intent of the Legislature in enacting this act to further the purposes of the California State Lottery Act of 1984 as approved by the voters on November 6, 1984. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] SECTION 17161. Source version: id_ceedd12f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=17.&article= For the purpose of this article the following terms have the following meanings: (a) “Act” means the Archie-Hudson and Cunneen School Technology Revenue Bond Act. (b) “Authority” means the California School Financing Authority established pursuant to Section 17172. (c) “Bond” means bonds, notes, bond anticipation notes, commercial paper, and any other evidences of indebtedness. (d) “Fund” means the School Technology Pooled Revenue Bond Fund established pursuant to subdivision (c) of Section 17162. (e) “School district” means school district or county office of education. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] SECTION 17162. Source version: id_ceedd131-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=17.&article= (a) Notwithstanding Section 17199.3, the authority may issue bonds exclusively for the purposes of this act, provided that the total amount of bonds issued and outstanding at any time under this act shall not exceed four hundred million dollars ($400,000,000). Authorization for the issuance of bonds under this act shall become operative after July 1, 1997, upon receipt by the authority of repayment pledges made by school districts, pursuant to Section 17163, which, when the pledges from all school districts are combined, are equal to or greater than five million dollars ($5,000,000). The authority shall not issue bonds for any project that cannot be supported by the repayment pledges of school districts. (b) In administering this act, the authority shall meet all of the requirements established by law for the issuance, holding, and repayment of revenue bonds by the authority, including those set forth in Chapter 17 (commencing with Section 17170), unless otherwise provided for in this act. (c) Revenues from the sale of bonds issued pursuant to this act shall be deposited in the School Technology Pooled Revenue Bond Fund, which fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated without regard to fiscal year for the purposes of this chapter. The authority shall allocate moneys to each participating school district from the fund. (d) Allocations from the fund shall be used by school districts only for the purpose of establishing computer-based networks and telecommunications systems for instructional purposes, including the procurement and installation of computer hardware and software, multimedia audio, video, and data transfer equipment, and wiring, cabling, and other equipment necessary to establish network connectivity, and any planning and installation costs associated with establishing and installing the networks. (e) The length of terms of the bonds issued pursuant to this act shall be less than the useful life of the equipment to be purchased as set forth in subdivision (d). (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] SECTION 17163. Source version: id_ceef57d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=17.&article= (a) Notwithstanding any other provision of law, a school district may participate in this act, if the governing board of the school district adopts a resolution approving that participation. A participating school district shall pledge a portion of the lottery revenues allocated annually to the school district from the California State Lottery Education Fund as a dedicated revenue source to repay bonds issued by the authority under the act. (b) A school district may pledge an amount up to the equivalent of 25 percent, but not more than 25 percent, of the allocation to the school district for the 1996–97 fiscal year from the California State Lottery Education Fund. (c) A participating school district shall guarantee the repayment of bonds issued under this chapter by providing instructions to the Controller as follows: (1) Informs the Controller of its election to participate in this act. (2) Authorizes the Controller to pay the portion of the school district’s annual allocation of funds from the California State Lottery Education Fund to the bond trustee identified by the school district for the repayment of the school district’s share of the bonds issued under this chapter. (3) Contains a transfer schedule that sets forth the amounts of funds, which shall be equal to the amount of funds pledged pursuant to subdivisions (a) and (b) of this section, to be transferred by the Controller to the trustee from the funds to be allocated to that school district from the California State Lottery Education Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] SECTION 17163.5. Source version: id_ceef57d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=17.&article= The Controller shall pay bond trustees in accordance with the instructions received pursuant to Section 17863. The Controller shall make that payment only from moneys in the California State Lottery Education Fund allocated to that school district. The Controller is not authorized to pay a bond trustee any amount in excess of a district’s allocation from the California State Lottery Education Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] SECTION 17164. Source version: id_ceef57d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=17.&article= Nothing contained in this chapter shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the state. Notwithstanding any other provision of law, should lottery funds pledged to repay bonds issued pursuant to this act be insufficient to repay the revenue bonds, negotiable notes, or negotiable bond anticipation notes sold to finance projects and related interest and expenses, moneys in the General Fund shall not be available as an alternative source of repayment. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 17. The Archie-Hudson and Cunneen School Technology Revenue Bond Act [17160 - 17165] SECTION 17165. Source version: id_ceef57d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=17.&article= The State Department of Education shall include in its annual survey of schools on the use of lottery funds, the amount of lottery revenues expended to repay bonds issued pursuant to this act. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17170. Source version: id_cef0de7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= This chapter shall be known and may be cited as the California School Finance Authority Act. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17171. Source version: id_2ec0bf12-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= The Legislature hereby finds and declares that it is in the interest of the state and its people for the state to do all of the following: (a) Reconstruct, remodel, or replace existing school buildings that are educationally inadequate or that do not meet current structural safety requirements. (b) Acquire new schoolsites and buildings to be made available to school districts, charter schools, and community college districts for the pupils of the public education system, which is a matter of general concern inasmuch as the education of the state’s children is an obligation and function of the state. (c) Assist school districts and community college districts by providing access to financing for working capital and capital improvements. (Amended by Stats. 2006, Ch. 325, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17172. Source version: id_cef0de81-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= There is in the state government the California School Finance Authority. The authority is a public instrumentality, and the exercise by the authority of the powers conferred by this chapter is an essential public function. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17173. Source version: id_1c4b6f54-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= As used in this chapter, the following words and terms shall have the following meanings, unless the context indicates or requires another or different meaning or intent: (a) “Act” means the California School Finance Authority Act. (b) “Agent” means a county or city board of education or superintendent of schools acting with the board’s consent, on behalf of one or more school districts for any purpose of this chapter, the Board of Governors of the California Community Colleges or the Chancellor of the California Community Colleges acting with the Board of Governors’ consent, on behalf of one or more community college districts for any purpose of this chapter, and the school district, county office of education, or other chartering entity acting with the consent of, and on behalf of, one or more charter schools for any purpose of this chapter. (c) “Authority” means the California School Finance Authority, or any board, body, commission, department, or officer succeeding to the principal functions of the authority, or to which the powers conferred upon the authority by this chapter shall be given by law. (d) “Bonds” or “revenue bonds” means bonds, notes, lease obligations, certificates of participation, commercial paper, and any other evidences of indebtedness. (e) “Certificate of participation” means an undivided interest in one or more bonds, leases, loans, installment sales, or other agreements of a participating party or parties. (f) “Charter school” means a school established pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2. (g) “Cost,” as applied to all or part of a project financed or refinanced pursuant to this chapter, means and includes all or any part of the cost of any of the following: (1) Construction. (2) Acquisition or improvement of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project. (3) Demolition or removal of any buildings or structures on land acquired for a project, including the acquisition of any lands to which the buildings or structures may be moved. (4) All machinery and equipment. (5) Financing or refinancing charges, including, but not limited to, credit enhancement costs, and prepayment penalties. (6) Interest before, during, and for a period following, the completion of any construction or improvement determined by the authority. (7) Provisions for working capital. (8) Reserves for principal and interest, and for extensions, enlargements, additions, replacements, renovations, and improvements. (9) Engineering, architectural, financial, and legal services, plans, specifications, studies, surveys, estimates, administrative expenses, and other expenses necessary or incident to the construction, acquisition, or improvement of any project or any financing or refinancing under this chapter. (h) “Educational facility” means any property, facility, structure, equipment, or furnishings used or operated in conjunction with one or more public schools, including charter schools, or community colleges, including, but not limited to, all of the following: (1) Classrooms. (2) Auditoriums. (3) Student centers. (4) Administrative offices. (5) Sports facilities. (6) Maintenance, storage, or utility facilities. (7) All necessary or usual attendant and related facilities and equipment, including streets, parking, and supportive service facilities or structures required or useful for the effective operation of the educational facility. (i) “Participating party” means: (1) A school district, charter school, county office of education, or community college district that undertakes, itself or through an agent, the financing or refinancing of a project or of working capital pursuant to this chapter. (2) Any person, company, association, state or municipal government entity, partnership, firm, or other entity or group of entities that undertakes the financing or refinancing of a project pursuant to this chapter in conjunction with an entity described in paragraph (1). (3) “Participating party” shall also be deemed to refer to the agent to the extent the agent is acting on behalf of the school district, charter school, county office of education, or community college district for any purpose of this chapter. (4) For purposes of subdivision (d) of Section 17183, subdivisions (a) and (b) of Section 17199.1, and Section 17199.4, “participating party” shall be deemed to refer to an entity described in paragraph (1) in conjunction with which an entity described in paragraph (2), if any, applied for financing from the authority. (j) “Project” means the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, or equipping of an educational facility to be financed or refinanced pursuant to this chapter. “Project” may include reimbursement for the costs of acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, or equipping of an educational facility to be financed or refinanced pursuant to this chapter, provided that reimbursement from bond proceeds is required to comply with federal tax law in accordance with an opinion of counsel that supports special treatment under federal tax law for the bonds issued for the applicable financing or refinancing. “Project” may include any combination of the foregoing undertaken jointly by any participating party with one or more other participating parties. (k) “Working capital” means funds to be used by, or on behalf of, a participating party to pay maintenance or operating expenses, or any other costs that would be treated as an expense item under generally accepted accounting principles in connection with the ownership or operation of an educational facility, including, but not limited to, all of the following: (1) Reserves for maintenance or operating expenses. (2) Interest for a period not to exceed two years on any loan for working capital made pursuant to this chapter. (3) Reserves for debt service, and any other costs necessary or incidental to, financing pursuant to this chapter. (4) Payments made by a participating party for the rent or lease of an educational facility. (Amended by Stats. 2014, Ch. 416, Sec. 1. (AB 1979) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17174. Source version: id_cef0de85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) The authority shall be comprised of the following members: (1) The Treasurer, who shall serve as chairperson. (2) The Director of the State Department of Finance. (3) The Superintendent of Public Instruction. (b) Each member of the authority may designate an individual from the member’s department or agency to act for the member and represent the member at all meetings. (c) Members of the authority or their designees shall serve without compensation, but may be reimbursed by the authority for necessary and reasonable expenses incurred in the discharge of their duties. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17175. Source version: id_7a2e91e8-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Upon the first appointment of its members, and thereafter on or after March 31 of each year, the authority shall elect from its members a vice chairperson and a secretary-treasurer, who shall hold office until the following March 31, and shall continue to serve until their successors have been elected. (b) On behalf of the authority, the chairperson shall appoint an executive director, who shall not be a member of the authority, and who shall serve at the pleasure of the authority. The executive director shall receive the compensation fixed for that purpose by the authority. The authority may delegate to the executive director or any other official or employee of the authority any powers and duties that the authority deems proper, including, but not limited to, the power to enter into contracts on behalf of the authority. (Amended by Stats. 2008, Ch. 211, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17176. Source version: id_cef26529-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Except as otherwise provided by subdivision (b), the Attorney General shall be the legal counsel for the authority. (b) Upon the approval of the Attorney General, which shall not be unreasonably withheld, the authority may employ legal counsel as, in its judgment, is necessary or advisable to enable it to carry out the duties and functions of the authority pursuant to this chapter, including, but not limited to, the employment of bond counsel in connection with the issuance of bonds. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17177. Source version: id_cef3ebcb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= The executive director or other person designated by resolution of the authority shall maintain a record of the proceedings of the authority, and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or the designee may cause copies to be made of all minutes and other records and documents of the authority, and may certify under the official seal of the authority that the copies are true copies, and all persons dealing with the authority may rely upon that certification. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17178. Source version: id_cef3ebcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= Two members of the authority shall constitute a quorum. The affirmative vote of a majority of a quorum shall be necessary for any action taken by the authority. A vacancy in the membership of the authority shall not impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Each meeting of the authority shall be open to the public and shall be held in accordance with Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. Resolutions of the authority need not be published or posted. The authority may delegate by resolution to one or more of its members or its executive director any powers and duties as it may deem proper. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17179. Source version: id_cef3ebcf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= The provisions of this chapter shall be administered by the authority, which shall have and is hereby vested with all powers reasonably necessary to carry out the powers and responsibilities expressly granted or imposed under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17180. Source version: id_e0708ab5-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= The authority is hereby authorized to do all of the following: (a) Adopt bylaws for the regulation of its affairs and the conduct of its business. (b) Adopt an official seal. (c) Sue and be sued in its own name. (d) Receive and accept gifts, grants, or donations of money for any of the purposes of this chapter from any of the following: (1) A federal agency. (2) A state agency. (3) A municipality, county, or other political subdivision of the state. (4) An individual, association, or corporation. (e) Engage the services of private consultants to render professional and technical assistance and advice in carrying out the purposes of this chapter. (f) (1) Determine the location and character of any project to be financed or refinanced under this chapter, and acquire, construct, enlarge, remodel, renovate, alter, improve, furnish, equip, own, maintain, manage, repair, operate, lease as lessee or lessor, or regulate the same. (2) Designate a participating party as its agent, with authority to enter into contracts, for any of the purposes specified in paragraph (1). (3) Enter into contracts for any of the purposes specified in paragraph (1). (4) Enter into contracts for the management and operation of a project owned by the authority. (g) Acquire, directly or by and through a participating party as its agent, by purchase solely from funds provided pursuant to this chapter, or by gift or devise, and sell, by installment or otherwise, property, rights, rights-of-way, franchises, easements, and other interests in lands, including, but not limited to, lands lying under water, and riparian rights, located within the state that the authority deems necessary or convenient for the acquisition, construction, financing, or operation of a project. The authority may do so upon the terms, and at the prices, it considers reasonable and upon which it can agree with the owner, and may take the title to the interest in the name of the authority or in the name of a participating party as its agent. (h) Receive and accept from any source loans, contributions, or grants for, or in aid of, the construction, financing, or refinancing of all or part of a project, in the form of money, property, labor, or other things of value. (i) Pursuant to an agreement between the authority and the participating party, make, directly or through a lending institution, secured or unsecured loans to a participating party, or purchase secured or unsecured loans from a participating party, or purchase all or part of any participating party’s rights to or possibilities regarding the state share of funding for school facilities approved by the State Allocation Board pursuant to Chapter 12.5 (commencing with Section 17070.10). The purchase of all or part of any rights to, or possibilities regarding, the state contribution for funding for school facilities approved by the State Allocation Board shall be limited to amounts approved and funded or amounts approved but not yet funded from proceeds of state bonds already authorized by the electors but not yet issued. Loans or purchases completed pursuant to this section may be used to finance or refinance a project or provide working capital. A loan to finance or refinance a project shall not exceed the total cost of the project, as determined by the participating party and approved by the authority. (j) Upon the terms and conditions the authority deems proper, lease a project being financed or refinanced pursuant to this chapter to a participating party, and charge and collect rent therefor. The authority may terminate a lease pursuant to this subdivision upon the lessee’s failure to comply with any of its obligations under the lease. The lease may include any of the following provisions: (1) That the lessee shall have the option to renew the term of the lease for the period or periods, and at the rent, determined by the authority, or to purchase any or all of the project. (2) That upon payment by the participating party of all of the indebtedness incurred by the authority for the financing of the project or for the refinancing of the participating party’s outstanding indebtedness, the authority may convey any or all of the project to the lessee or lessees, with or without further consideration. (k) Charge and equitably apportion among participating parties its administrative costs and expenses incurred pursuant to this chapter. (l) (1) Obtain, or aid in obtaining, from any state or federal agency or any private company, any insurance, guarantee, letter, or line of credit regarding, or of, or for, the payment or repayment of all or part of the interest, principal, or both, on any loan, lease, or obligation, or any instrument evidencing or securing the same, made or entered into pursuant to this chapter, or on any bonds issued pursuant to this chapter. (2) Notwithstanding any other provision of this chapter, enter into any agreement, contract, or any other instrument regarding any insurance, guarantee, letter, or line of credit specified in paragraph (1), and accept payment in the manner and form provided in the agreement, contract, or instrument if a participating party defaults. (3) Assign any insurance, guarantee, letter, or line of credit specified in paragraph (1) as security for bonds issued by the authority. (m) Enter into any agreements or contracts, including, but not limited to, agreements for liquidity or credit enhancement, execute any instruments, and any other act or thing necessary, convenient, or desirable for the purposes of the authority or to carry out any express power granted the authority pursuant to this chapter. (n) At the discretion of the authority, invest any moneys held in reserve or in sinking funds, or any moneys not required for immediate use or disbursement, in obligations authorized by the resolution authorizing the bonds secured by the investment, or by law governing the investment of trust funds in the custody of the Treasurer. (o) Adopt guidelines for grants, bonds, and other evidences of indebtedness. (Amended by Stats. 2012, Ch. 38, Sec. 31. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17180.5. Source version: id_cef3ebd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) In addition to the powers authorized pursuant to Section 17180, the authority shall perform its duties under the Charter School Facilities Program to provide funding for facilities for charter school pupils as set forth in Article 12 (commencing with Section 17078.50) of Chapter 12.5. (b) Notwithstanding any provision of law to the contrary, including, but not limited to, Section 17197, with regard to the authority’s implementation of funding for charter school facilities, Article 12 (commencing with Section 17078.50) shall control over conflicting provisions, if any, in this chapter. (Added by Stats. 2002, Ch. 935, Sec. 15. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17181. Source version: id_cef57275-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) The California School Finance Authority Fund is hereby created in the State Treasury, to be administered by the authority. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated without regard to fiscal year for the purposes of this chapter. The authority may pledge any or all of the moneys in the fund as security for payment of the principal of, and interest on, any particular issuance of bonds pursuant to this chapter. For that purpose, or as necessary or convenient to the accomplishment of any other purpose of this chapter, the authority may divide the fund into separate accounts. All moneys accruing to the authority pursuant to this chapter from any source shall be deposited in the fund. (b) Subject to any priorities created by the pledge of particular moneys in the fund to secure any issuance of bonds of the authority, and to reasonable administrative costs incurred by the authority in implementing this chapter, all moneys in the fund, regardless of the source, shall be held in trust for the security and payment of bonds of the authority, and shall not be used or pledged for any other purpose while any bonds are outstanding and unpaid. Nothing in this subdivision shall be construed to limit the power of the authority to make loans with bond proceeds in accordance with the terms of the resolution authorizing the issuance of those bonds. (c) Pursuant to any agreements with the holders of particular bonds pledging any particular assets, revenues, or moneys, the authority may create separate accounts in the fund to manage the assets, revenues, or moneys in the manner prescribed by the agreements. (d) From time to time, the authority may direct the Treasurer to do any of the following: (1) Invest moneys in the fund which are not required for its current needs, including, but not limited to, proceeds from the sale of any bonds in eligible securities specified in Section 16430 of the Government Code and designated by the authority, or in any other securities or obligations designated by the authority, in the resolution authorizing the issuance of the bonds payable or secured by the moneys. (2) Deposit moneys in the fund in interest bearing accounts in state or national banks or other financial institutions having principal offices in the state. (3) Transfer moneys in the fund to the Surplus Money Investment Fund for investment pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 4 of Division 4 of Title 2 of the Government Code. Notwithstanding Section 16305.7 of the Government Code, all interest or other earnings resulting from an investment or deposit pursuant to this subdivision shall be deposited in the fund. (e) Except as otherwise provided in paragraph (3) of subdivision (d), no moneys in the fund shall be subject to transfer to any other fund pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17182. Source version: id_cef57277-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Except as otherwise provided in subdivision (b), all expenses incurred by the authority in implementing this chapter shall be payable solely from funds appropriated for purposes of this chapter, and the authority shall not incur liabilities in excess of the amount of those funds. (b) The authority may request a loan by the Pooled Money Investment Board from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, and may execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. The loan shall be deposited in the fund for the purposes of carrying out the provisions of this chapter. The amount of the loan shall not exceed the amount of the unsold bonds that the authority by resolution, has authorized to be sold for the purposes of this chapter. (Added by Stats. 1997, Ch. 893, Sec. 92. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17183. Source version: id_e4c95d87-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) From time to time, the authority, by resolution, may issue its revenue bonds in order to provide funds for any of the purposes of this chapter. Bonds may be issued to finance or refinance any of the following: (1) A single project or financing of working capital for a single participating party. (2) A series of projects or financings of working capital for a single participating party. (3) A single project or financing of working capital for several participating parties. (4) Several projects or financings of working capital for several participating parties. (5) A joint venture school facilities construction project undertaken pursuant to Article 5 (commencing with Section 17060) of Chapter 12. (b) Except as otherwise expressly provided by the authority, all revenue bonds shall be payable from any available revenues or moneys of the authority not otherwise pledged, subject only to any agreements with holders of particular bonds or notes pledging any particular revenue or moneys. Notwithstanding that revenue bonds issued pursuant to this section may be payable from a special fund, the revenue bonds shall be, and shall be deemed to be for all purposes, negotiable instruments, subject only to the provisions of the revenue bonds for registration. (c) The revenue bonds of the authority may be issued as serial bonds, term bonds, or the authority, in its discretion, may issue bonds of both types. The issuance shall be in accordance with the indenture, trust agreement, or resolution relating to the revenue bonds, which shall provide all of the following: (1) The date or dates of the bonds. (2) The date or dates upon which the bonds will mature, not to exceed 40 years from their respective dates. (3) The interest rate or rates, or methods of determining the interest rate or rates, of the bonds. (4) When the bonds are payable. (5) The denominations of the bonds. (6) The form of the bonds, which shall be either bearer or registered. (7) The registration privileges of the bonds. (8) The manner in which the bonds are to be executed. (9) The place or places at which the bonds shall be payable in lawful money of the United States of America. (10) The terms of redemption of the bonds. (d) After giving due consideration to the recommendations of the participating party or parties, the revenue bonds of the authority shall be sold by the Treasurer at either a public or private sale at a price or prices, and upon the terms and conditions prescribed by the authority. The revenue bonds of the authority may be sold at, above, or below the par value of the bonds. (e) Pending the preparation of the definitive bonds, the authority may issue interim receipts or certificates or temporary bonds that shall be exchanged for the definitive bonds. (f) Any resolution authorizing the issuance of any bonds of the authority, or any issue of revenue bonds of the authority, may include any of the following provisions: (1) Provisions pledging all or any part of the proceeds of the bonds or revenue of a project or loan. (2) Provisions concerning the replacement of mutilated, destroyed, stolen, or lost bonds. (3) Provisions specifying insurance to be maintained on the project and the authorized uses of the proceeds of the insurance. (4) Covenants against the mortgaging or otherwise encumbering, selling, leasing, pledging, placing a charge upon, or otherwise disposing of the project before the payment of the bonds issued to finance the project. (5) Provisions specifying the events of default, terms upon which the bonds may be declared due before maturity, and the terms upon which the declaration and its consequences may be waived. (6) The rights, liabilities, powers, and duties arising upon the breach of any covenants, conditions, or obligations. (7) Vesting of the right to enforce covenants in a trustee. (8) The terms upon which all or any percentage of the bondholders may enforce covenants or duties. (9) Procedures for amending the terms of the resolution, with or without the consent of the holders of a specified number of bonds. (10) Provision for any other acts or things deemed necessary, convenient, or desirable by the authority to secure the bonds or improve their marketability. (g) The validity of the authorization and issuance of any bond issue shall not be affected by proceedings for the acquisition, construction, or improvement of any project, or by contracts relating to those proceedings. Any resolution authorizing the issuance of any bonds of the authority may provide authorization for the bonds to bear a statement certifying that they are issued pursuant to this chapter. Bonds bearing that statement shall be conclusively deemed valid and issued in conformity with this chapter. Reference on the face of the bonds to the resolution by its date of adoption shall incorporate the provisions of the resolution and of this chapter into the terms of the bonds. (h) Members of the authority, or any person executing the revenue bonds of the authority, shall not incur personal liability on the bonds, nor shall these persons incur personal liability or accountability by reason of the issuance of the revenue bonds of the authority. (i) The authority is authorized, out of any funds available for that purpose, to purchase revenue bonds of the authority. The authority may hold, pledge, cancel, or resell any bonds purchased under the authority of this subdivision, subject to, and in accordance with, agreements with bondholders. (j) The financing or refinancing of projects or working capital may be provided pursuant to this chapter by means other than revenue bonds, at the discretion of the authority, including financing or refinancing through certificates of participation, or other interests, in bonds, loans, leases, installment sales, or other agreements of the participating party or parties. In this connection, the authority may do all things and execute and deliver all documents and instruments as may be necessary or desirable with regard to issuance of the certificates of participation or other means of financing or refinancing. (k) The authority may by resolution issue its revenue bonds in the form of commercial paper. (Amended by Stats. 2012, Ch. 38, Sec. 32. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17183.5. Source version: id_2ffb890a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= In enacting this chapter, it is the intent of the Legislature to provide financing only for projects demonstrated by the participating party to be financially feasible. In demonstrating financial feasibility, the participating party may take into account all of its funds, and may base future projections upon historical experience or reasonable expectations, or a combination thereof. Nothing in this section shall be construed to imply that any project is required to produce revenue in order to be financed under this chapter. (Amended by Stats. 2006, Ch. 325, Sec. 5. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17184. Source version: id_3048beac-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) In the discretion of the authority, any revenue bonds of the authority issued under this chapter may be secured by a trust agreement, or by indenture by and between the authority and a corporate trustee or trustees, including the Treasurer or any trust company or bank having the powers of a trust company within or outside the state. (b) Any trust agreement, indenture, or any resolution providing for the issuance of bonds of the authority, may pledge or assign the proceeds of the bonds, and the revenues to be received by, a participating party or parties. (c) Any trust agreement, indenture, or resolution providing for the issuance of revenue bonds of the authority may include any provisions for the protection of, and the enforcement of the rights and remedies of, bondholders as may be reasonable and proper and not in violation of any law, including provisions included in any resolution or resolutions of the authority provided under subdivision (a) or (b). (d) Any trust agreement or indenture may prescribe the rights and remedies of the bondholders, and of the trustee or trustees, and may restrict the individual right of action of the bondholders. (e) Any trust agreement, indenture, or resolution may include any other provisions deemed by the authority to be reasonable and proper for the security of the bondholders. (f) Notwithstanding any other provision of law, the Treasurer shall not be deemed to have a conflict of interest by reason of his or her capacity as trustee pursuant to this chapter. (Amended by Stats. 2006, Ch. 325, Sec. 6. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17185. Source version: id_30935c3e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Notwithstanding any other provision of law, revenue bonds issued under this chapter are not and shall not be deemed to constitute a debt or liability of the state, or any political subdivision thereof, and are not and shall not be deemed to be a pledge of the faith and credit of the state, or any political subdivision thereof, other than the authority. Revenue bonds of the authority shall be payable solely from funds provided under this chapter. (b) Each revenue bond of the authority shall include a statement on the face of the bond that neither the State of California nor the authority is obligated to pay the principal or interest thereon, except from revenues of the authority, and shall also include a statement that neither the faith or credit, nor the taxing power of the State of California, or any political subdivision, is pledged to the payment of the principal or interest of the bonds. (c) The issuance of revenue bonds under this chapter shall not directly, indirectly, or contingently obligate the state, or any political subdivision thereof, to levy or pledge any form of taxation, or make any appropriation for their payment. (Amended by Stats. 2006, Ch. 325, Sec. 7. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17186. Source version: id_cef6f921-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Any holder of revenue bonds issued under this chapter, or any coupons appertaining thereto, or the trustee or trustees under any trust agreement, indenture, or resolution, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any rights conferred under state law, by this chapter, or under the terms of any trust agreement, indenture, or resolution, except to the extent that these rights may be otherwise restricted by any resolution authorizing the issuance of these bonds, or by any trust agreement or indenture securing these bonds. (b) Any holder of revenue bonds issued under this chapter, or any coupons appertaining thereto, or the trustee or trustees under any trust agreement, indenture, or resolution, may enforce and compel the performance of all duties required under this chapter, or by any trust agreement, indenture, or resolution, to be performed by the authority, or by any officer, employee, or agent of the authority. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17187. Source version: id_cef6f923-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= All moneys received under this chapter, whether received as proceeds from the sale of revenue bonds or as revenues, are trust funds to be held and applied solely as provided in this chapter. Any officer, bank, or trust company with whom those moneys have been deposited, shall act as trustee of those moneys and shall hold and apply them for those purposes, subject to the requirements of this chapter and the resolution authorizing the bonds of any issue, or the trust agreement or indenture securing those bonds, may provide. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17188. Source version: id_cef6f925-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) The authority may provide for the issuance of the revenue bonds of the authority for the purpose of refunding any bonds, or any series or issue of the revenue bonds of the authority then outstanding, and may include the payment of any redemption premium for those bonds and any interest accrued or to accrue to the date of redemption and purchase or maturity of those bonds. (b) The proceeds of any bonds issued for the purpose of refunding of outstanding bonds may, in the discretion of the authority, be applied to the purchase or redemption prior to maturity or retirement at maturity of the outstanding bonds on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof, or paid to a third person to assume the authority’s obligation to make those payments, and may, pending that application, be placed in escrow to be applied to the purchase or retirement at maturity or redemption on any date or dates as may be determined by the authority. (c) Any escrowed proceeds, pending such use may be invested and reinvested in obligations or securities authorized by resolution of the authority, maturing at any time or times as shall be appropriate to assure the prompt payment, as to principal, interest, and redemption premium, if any, of the outstanding bonds to be so refunded. The interest, income and profits, if any, earned or realized on any investment may also be applied to the payment of the outstanding bonds to be so refunded or of interest in the refunding bonds. After the terms of the escrow have been fully satisfied and carried out, any balance of proceeds and interest, income profits, if any, earned or realized on the investments thereof may be returned to the authority for use by it in any lawful manner. (d) All refunding bonds are subject to the provisions of this chapter, in the same manner and to the same extent, as other bonds issued pursuant to this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17189. Source version: id_cef6f927-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Revenue bonds issued by the authority under this chapter shall be designated as securities in which all banks, bankers, savings banks, trust companies, and other persons engaged in a banking business; all insurance companies, insurance associations, and other persons carrying on an insurance business; any administrators, executors, guardians, trustees, and other fiduciaries; and any other persons who are now or who may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control. (b) Revenue bonds issued by the authority under this chapter, other notes or securities, or obligations are hereby made securities which may properly and legally be deposited with, and received by, any state or municipal officer, or agency of the state for any purpose for which the deposit of bonds or other obligations of the state are, or may hereafter be, authorized by law. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17190. Source version: id_cef87fc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Any bonds issued under this chapter, their transfer, and income therefrom shall at all times be free from taxation of every kind by the state and by all political subdivisions of the state. (b) The authority is not required to pay any taxes or assessments upon, or with respect to, any project or property acquired by or for the authority under this chapter, or upon any income therefrom, or on or from any other assets or operations of the authority. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17191. Source version: id_cef87fcb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) The State of California pledges and agrees with the holders of the bonds issued pursuant to this chapter, and with those parties who may enter into contracts with the authority pursuant to the provisions of this chapter, that the state will not limit, alter, or restrict the rights hereby vested in the authority to finance educational facilities. The State of California pledges and agrees to fulfill the terms of any agreements made with the holders of bonds authorized by this chapter, and with the parties who may enter into contracts with the authority pursuant to this chapter, and pledges and agrees not to impair the rights or remedies of the holders of any revenue bonds or any parties until the bonds, together with interest, are fully paid and discharged and any contracts are fully performed on the part of the authority. (b) The authority shall have the right to include the pledges made pursuant to this section in its revenue bonds and contracts. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17192. Source version: id_cef87fcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Pledges by or to the authority of revenues, moneys, accounts, accounts receivable, contract rights, or other rights to payment of any other kind made by or to the authority pursuant to this chapter shall be valid and binding from the time the pledge is made for the benefit of the pledges, and the successors thereto. (b) The revenues, moneys, accounts, accounts receivable, and other rights to payment of any other kind pledged by or to the authority or its assignees, shall immediately be subject to the lien of the pledge without physical delivery, or any further act. The lien of any pledge shall be valid and binding against all parties, irrespective of whether the parties have notice of the claim. The trust agreement, indenture, resolution, or other instrument by which any pledge is created need not be recorded. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17193. Source version: id_30de47f0-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) The authority shall fix, revise, charge, and collect rents for the use of each project owned by the authority, and may contract with any person, partnership, association, corporation, or other body, whether public or private, for that purpose. Any lease entered into by the authority with a participating party, and each agreement, note, or other instrument evidencing the obligations of a participating party to the authority, shall provide that the rents or principal, interest, and other charges payable by the participating party shall be sufficient to provide for all of the following: (1) To pay the principal, sinking fund payments, if any, premiums, if any, and the interest on outstanding bonds of the authority issued in respect of the project when due and payable. (2) To create and maintain reserves that may, but need not necessarily be required or provided for, in the resolution relating to the revenue bonds of the authority. (3) To pay its share of the administrative costs and expenses of the authority. (b) The authority shall pledge the revenues derived and to be derived from a project or from a participating party for the purposes specified in paragraphs (1), (2), and (3) of subdivision (a). The authority may issue additional revenue bonds that may be ranked on a parity with other bonds relating to the project to the extent, and under the terms and conditions provided, in the bond resolution. (c) The authority and a participating party may include in any lease or agreement between them or with a credit provider any terms and conditions relating to insurance, liquidity, or credit enhancement of the bonds, or any other lawful terms and conditions the authority deems necessary or desirable to facilitate the purposes of this chapter. (Amended by Stats. 2006, Ch. 325, Sec. 8. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17194. Source version: id_32147e04-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= The authority may authorize any participating party to act as its agent in the performance of acts specifically approved by the authority, and all acts required under Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. The authorizations may include, but are not necessarily limited to, all of the following: (a) The selection of school or college sites. (b) The securing of appraisals. (c) Contracts for architectural services. (d) The advertisement for construction bids and the entry into contracts for construction. (e) The purchase of furniture and equipment. (Amended by Stats. 2006, Ch. 325, Sec. 10. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17195. Source version: id_325f1b96-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= Whenever the principal and interest on bonds issued by the authority to finance the cost of a project or working capital, or to refinance the outstanding indebtedness of one or more participating parties, including any refunding bonds issued to refund and refinance those bonds, have been fully paid or retired, or whenever adequate provision has been made to fully pay and retire the bonds, and all other conditions of the resolution, lease, trust indenture and any security interest, or any other instrument or instruments authorizing and securing the bonds have been satisfied and the lien of security interest has been released in accordance with those provisions, the authority shall promptly provide for and execute any releases, release deeds, reassignments, deeds, and conveyances as are necessary and required to convey or release its rights, title, and interest in the project financed, to the participating parties. (Amended by Stats. 2006, Ch. 325, Sec. 11. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17196. Source version: id_cefa0677-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) This chapter shall be deemed to provide a complete, additional, and alternative method for accomplishing the acts authorized in this chapter, and shall be deemed as being supplemental and additional to the powers conferred by other applicable laws, except that the issuance of revenue bonds and refunding bonds and the undertaking or projects or financings under this chapter need not comply with the requirements of any other laws applicable to the issuance of bonds, including, without limitation, Division 13 (commencing with Section 21000) of the Public Resources Code. (b) Except as provided in subdivision (a), the financing of a project under this chapter shall not exempt a project from any of the requirements of law which are otherwise applicable to the project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17197. Source version: id_cefb8d19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= To the extent that the provisions of this chapter are inconsistent with any other provisions of any general statute, or a special act or parts thereof, the provisions of this chapter shall be deemed controlling. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17198. Source version: id_cefb8d1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= Any net earnings of the authority beyond that necessary for the retirement of any obligations issued by the authority, or to implement the purposes of this chapter, may inure only to the benefit of the State of California or the authority. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17199. Source version: id_cefb8d1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= Upon the dissolution of the authority, title to all property owned by the authority shall vest in the successor authority created by the Legislature, if any, if the successor authority meets the requirements of Section 103 of the federal Internal Revenue Code of 1954, as amended, and its implementing regulations, as an authority entitled to issue obligations on behalf of the State of California, the interest from which is exempted from federal income taxation. In the event that a successor authority is not created, title to all property owned by the authority shall vest in the State of California. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17199.1. Source version: id_ed70f10b-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Any participating party, exclusively for the purpose of securing financing or refinancing of projects or working capital pursuant to this chapter through the issuance, by the authority, of revenue bonds, certificates of participation, or other means, and notwithstanding any other law, may do any of the following: (1) Sell to the authority all or part of any rights to or possibilities regarding the state’s share of funding for school facilities approved by the State Allocation Board pursuant to Chapter 12.5 (commencing with Sec. 17070.10), including amounts apportioned and funded and amounts approved but not yet funded by the State Allocation Board from proceeds of state bonds already authorized by the electors but not yet issued. (2) Issue bonds to the authority. (3) Borrow money or purchase or lease educational facilities from the authority, and in connection with the borrowing, purchase, or lease, sell or lease property to the authority, in each case at any interest rate or rates, rental provisions, with any maturity date or dates or term, and with any other transfer, assignment, payment, security, default, remedy, and other terms or provisions as may be specified in the sale of rights agreement or the bonds of the participating party or a loan, loan purchase, installment sale, lease, or other agreement between the authority and the participating party, subject to the following conditions: (A) (i) The sum of the amount borrowed to finance or refinance working capital and the interest payable on the working capital assumed at the initial interest rate if interest is variable, shall not exceed 85 percent of the estimated amount of uncollected taxes, income, revenue, cash receipts, and other funds to be received by the participating party, which: (I) In the case of a school district, community college district, or county office of education, will be available in the fiscal year of the borrowing. (II) In the case of a charter school, will be available during the term of the loan, for the repayment of the loan and the interest on the loan. (ii) For purposes of this paragraph, “revenue” includes, but is not limited to, federal and state funds received by the participating party. (B) In computing the maximum amount that may be borrowed pursuant to subparagraph (A), the participating party may exclude the amount of any principal or interest that is secured by a pledge of the amount in any inactive or term deposit of the participating party that has a term scheduled to terminate: (i) In the case of a school district, community college district, or county office of education, during the fiscal year of the borrowing. (ii) In the case of a charter school, during the term of the loan. (C) A participating party that borrows money to finance or refinance working capital pursuant to this subdivision shall be required to repay and discharge the loan, including interest, within 15 months of the loan date. (D) In enacting this chapter, it is the intent of the Legislature to provide financing or refinancing of working capital needed to cover temporary or cashflow deficits and needs for working capital and not long-term budget deficits or shortfalls in funding. The participating party must demonstrate to the satisfaction of the authority that, during the term of any working capital loan received pursuant to this chapter, the participating party will receive or otherwise have (without additional borrowing) sufficient funds to repay and discharge the loan. The participating party may take into account all funds received by the participating party and may base future projections upon historical experience or reasonable expectations, or a combination of both. (b) Notwithstanding Sections 700, 703, and 1045 of the Civil Code, the rights and possibilities that a participating party may have or obtain in the future to an approved state contribution to funding for school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) that remains unfunded pending the issuance of state bonds already authorized by the electors shall constitute property for all purposes and may be transferred as provided in subdivision (a). In the case of any transfer or assignment of rights or possibilities relating to funds for which bonds have been approved by the voters but are not yet available, the transfer or assignment shall be approved by resolution of the State Allocation Board before becoming effective. (c) Any participating party may enter into any agreement for liquidity or credit enhancement, with any reimbursement, payment, interest, security, default, remedy, and other terms it may deem necessary or appropriate in connection with the issuance of bonds, the borrowing of money, or the lease or purchase of educational facilities, whichever is applicable. Any participating party or parties also may do all things and execute all documents as may be necessary or desirable in connection with the issuance of certificates of participation, or other interests, in any bond, loan, note, installment sale, lease, or other agreement of the participating party. (d) A school district, by resolution, may authorize any county or city board of education or superintendent of schools, a community college district, by resolution, may authorize the Board of Governors of the California Community Colleges or the Chancellor of the California Community Colleges, and a charter school, by resolution, may authorize its chartering entity or educational management organization, to act as its agent in the performance of any of the matters permitted by this section or any other provision of this chapter. Notwithstanding any other law, the agent shall have the powers granted by the resolution for purposes of this chapter. The resolution shall be deemed to bind the school district, charter school, or community college district, as the case may be, to any contract, agreement, instrument, or other document executed by the agent on behalf of the school district, charter school, or community college district, and all duties, obligations, or responsibilities contained in the contract, agreement, instrument, or other document on the part of the school district, charter school, or community college district, to the same extent as if duly authorized, executed, and delivered by the school district, charter school, or community college district. (e) This section shall be deemed to provide a complete, additional, and alternative method for accomplishing the acts authorized by this section, and the sale or transfer of any rights to or possibilities regarding the state share of funding for school facilities approved by the State Allocation Board, including amounts apportioned and funded and amounts approved but not yet funded from proceeds of state bonds already authorized by the electors but not yet issued, issuance of bonds to, borrowing of money from, or sale or purchase or lease of educational facilities from or to, the authority. Any agreement entered into in connection with the transfer of any rights to or possibilities regarding the state contribution for funding for school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10), including amounts apportioned and funded and amounts approved but not yet funded by the State Allocation Board from proceeds of state bonds already authorized by the electors but not yet issued, or the issuance of bonds, the borrowing of money, or the sale, purchase, or lease of educational facilities, including, without limitation, any agreement for liquidity or credit enhancement under this section, need not comply with the requirements of any other law applicable to issuance of bonds, borrowing, selling, purchasing, leasing, pledge, encumbrance, or credit, as the case may be, by a school district, charter school, or community college district, or by a county or city board of education or superintendent of schools, or the Board of Governors of the California Community Colleges or Chancellor of the California Community Colleges, or the governing board of a charter school, chartering entity, or educational management organization. (Amended by Stats. 2012, Ch. 38, Sec. 34. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17199.15. Source version: id_3aaf2b40-fda9-11ea-9430-f75d521b10d0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= Notwithstanding any other law, if any bonds that were issued for purposes of borrowing pursuant to paragraph (3) of subdivision (a) of Section 17199.1 to fund several financings of working capital for several participating parties under a single resolution remain outstanding, each participating party for which those bonds were issued is ineligible to be a debtor in a case under Chapter 9 of the United States Bankruptcy Code (Chapter 9 (commencing with Section 901) of Title 11 of the United States Code), as that chapter may be amended from time to time, and no governmental officer or organization is or may be empowered to authorize a participating party to be a debtor under that chapter. (Added by Stats. 2020, Ch. 110, Sec. 5. (SB 820) Effective September 18, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17199.2. Source version: id_cefb8d21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= An action may be commenced under Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of any issuance or proposed issuance of revenue bonds, the loan of the proceeds thereof, the sale, purchase, or lease of facilities under this chapter, or the legality and validity of any proceedings previously taken or proposed in a resolution of the authority to be taken for the authorization, issuance, sale, and delivery of the bonds, for the use of the proceeds thereof, or for the payment of the principal and interest thereon. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17199.3. Source version: id_22599346-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) The total amount of revenue bonds that may be issued and outstanding at any time for purposes of this chapter shall not exceed four billion four hundred million dollars ($4,400,000,000). (b) For purposes of subdivision (a) bonds that meet any of the following conditions shall not be deemed to be outstanding: (1) Bonds that have been refunded pursuant to Section 17188. (2) Bonds for which money or securities in amounts necessary to pay or redeem the principal, interest, or any redemption premium on the bonds have been deposited in trust. (3) Bonds that have been issued to finance or refinance working capital. (Amended by Stats. 2014, Ch. 416, Sec. 3. (AB 1979) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17199.4. Source version: id_2cdb0773-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= (a) Notwithstanding any other law, any participating party, in connection with securing financing or refinancing of projects, or working capital pursuant to this chapter, may, in accordance with this section, elect to provide for funding, in whole or in part, one or more of the following: (1) Payments on authority bonds. (2) Payments under credit enhancement or liquidity support agreements in connection with authority bonds. (3) Amounts pledged or assigned under one or more pledges or assignments to pay authority bonds or obligations under these credit enhancement or liquidity support agreements. (4) Payments to fund reserves available to pay any of the payments described in paragraphs (1), (2), and (3), exclusively until paid. (5) Fees and charges contemplated by the instruments of the authority, trustees, tender agents, remarketing agents, credit enhancement and liquidity support providers, and service providers. (6) Any other costs necessary or incidental to any financing or refinancing conducted under this chapter. (b) The payments made pursuant to subdivision (a) may be in connection with a financing or refinancing benefiting the participating party itself, one or more other participating parties, or any combination of participating parties. (c) To participate under this section, the participating party shall do all of the following: (1) Elect to participate in a state intercept or local intercept, or both, by an action of its governing board taken in compliance with the rules of that board. For a local intercept, the participating party shall send to the county treasurer, or other appropriate county fiscal officer, a request for the county to participate. A county is not required to participate. A county may agree to participate as evidenced by an agreement among the participating party or parties, the county, and the authority. (2) Provide written notice to the Controller, with respect to a state intercept, or to the county treasurer or other appropriate county fiscal officer, with respect to a local intercept, no later than the date of the issuance of the bonds or 60 days before the next payment, whichever is later, of all of the following: (A) Its election to participate. (B) A schedule of the payments subject to that election. (C) The payee or payees of those payments, or the trustee or agent on their behalf to receive those payments. (D) (i) Payment delivery instructions, which may be by wire transfer or other method approved by the Controller or county treasurer or other appropriate county fiscal officer, as applicable. (ii) If the method of payment delivery is wire transfer, the participating party shall complete and submit the appropriate authorization form as prescribed by the Controller or the county treasurer or other appropriate county fiscal officer, as applicable. (d) The participating party may amend, supplement, or restate the notice required pursuant to paragraph (2) of subdivision (c) for any reason, including, but not necessarily limited to, providing for new or increased payments. The participating party shall certify in the notice and in any amendment, supplement, or restatement of the notice that each and every payment reflected in the schedule is a payment described in subdivision (a) and the amounts scheduled do not exceed the actual or reasonably estimated payment obligations to be funded pursuant to this section. The participating party shall also represent in the notice that it is not submitting the notice for the purpose of accelerating a participating party’s receipt of its apportionments. This section does not prohibit transfer by the recipient of an apportionment under this section to the participating party submitting the notice of the excess apportionment above the amount needed to fund actual payments where the excess resulted from erroneous estimation of scheduled payments or otherwise. (e) Upon receipt of the notice required by paragraph (2) of subdivision (c), the Controller shall make an apportionment to the indicated recipient on the date, or during the period, shown in the schedule in accordance with all of the following: (1) If the participating party requests transfers in full as scheduled, in the amount of the scheduled transfer or whatever lesser amount is available from the sources described in subdivision (f). (2) If the participating party does not request transfers in full as scheduled, in the amount of the anticipated deficiency for the purpose of making the required payment indicated in a written request of the participating party to the Controller and in the amount of the actual shortfall in payment indicated in a written request of the recipient or the participating party to the Controller or whatever lesser amount is available from the sources described in subdivision (f). (3) To the extent funds available for an apportionment are insufficient to pay the amount set forth in a schedule in any period, the Controller shall, if and as requested in the notice, reschedule the payment of all or a portion of the deficiency to a subsequent period. (4) In making apportionments under this section, the Controller may rely conclusively and without liability on any notice or request delivered under this section, including any notice of request delivered before January 1, 2015. The Controller may make, but is not obligated to make, apportionments not reflected on a notice or on an amended, supplemented, or restated notice delivered under this section that the Controller receives less than 20 days before when the apportionment would otherwise be required. (f) The Controller shall make an apportionment under this section only from moneys designated for apportionment to the participating party delivering the notice, and only from one or more of the following: (1) Any funding apportioned by the state for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, or state categorical or grant programs, to a school district or county office of education without regard to the specific funding source of the apportionment. (2) Any funding apportioned by the state for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, or state categorical or grant programs, to a charter school without regard to the specific funding source of the apportionment. (3) Any funding apportioned by the state for purposes of community college apportionments pursuant to Sections 84750.4 and 84750.5, or state categorical or grant programs, to a community college district without regard to the specific funding source of the apportionment. (g) Upon receipt of the notice required by paragraph (2) of subdivision (c), a county treasurer or other appropriate county fiscal officer shall make an apportionment or revenue transfer to the indicated recipient on the date, or during the period, shown in the schedule in accordance with all of the following: (1) If the participating party requests transfers in full as scheduled, in the amount of the scheduled transfer or whatever lesser amount is available from the sources described in subdivision (h). (2) If the participating party does not request transfers in full as scheduled, in the amount of the anticipated deficiency for the purpose of making the required payment indicated in a written request of the participating party to the county treasurer or other appropriate county fiscal officer and in the amount of the actual shortfall in payment indicated in a written request of the recipient or the participating party to the county treasurer or other appropriate county fiscal officer or whatever lesser amount is available from the sources described in subdivision (h). (3) To the extent funds available for an apportionment or revenue transfer are insufficient to pay the amount set forth in a schedule in any period, the county treasurer or other appropriate county fiscal officer shall, if and as requested in the notice, reschedule the payment of all or a portion of the deficiency to a subsequent period. (4) In making apportionments under this section, the county treasurer or other appropriate county fiscal officer may rely conclusively and without liability on any notice or request delivered under this section. The county treasurer or other appropriate county fiscal officer may make, but is not obligated to make, apportionments or revenue transfers not reflected on a notice or on an amended, supplemented, or restated notice delivered under this section that the county treasurer or other appropriate county fiscal officer receives less than 20 days before when the apportionment would otherwise be required. (h) The county treasurer or other appropriate county fiscal officer shall make an apportionment or revenue transfer under this section only from moneys designated for apportionment to the participating party delivering the notice, and only from one or more of the following: (1) Any funding apportioned or administered by a county for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, to a school district or county office of education without regard to the specific funding source of the apportionment. (2) Any funding apportioned or administered by a county for purposes of the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, to a charter school without regard to the specific funding source of the apportionment. (3) Any funding apportioned or administered by a county for purposes of community college apportionments pursuant to Sections 84750.4 and 84750.5 to a community college district without regard to the specific funding source of the apportionment. (i) (1) The amount apportioned for a participating party pursuant to this section shall be deemed to be an allocation to the participating party, and shall be included in the computation of allocation, limit, entitlement, or apportionment for the participating party. (2) The participating party and its creditors do not have a claim to funds apportioned or anticipated to be apportioned by the Controller or the county treasurer or appropriate county fiscal officer, as applicable, pursuant to this section. (j) (1) The authority may require participation under this section under the terms of any financing or refinancing under this chapter to provide for one or more of the payments described in paragraphs (1) to (4), inclusive, of subdivision (a). The authority may impose limits on new participation under this section. The authority may require participating parties to apply to the authority for participation. If the authority limits participation under this section, the authority shall consider each of the following priorities in making participation available: (A) First priority shall be given to participating parties that apply for funding for instructional classroom space under this chapter. (B) Second priority shall be given to participating parties that apply for funding of modernization of instructional classroom space under this chapter. (C) Third priority shall be given to participating parties that apply for funding under this chapter for any other eligible costs, as defined in Section 17173. (2) The authority shall prioritize applications at appropriate intervals. (3) A school district electing to participate under this section that has applied for revenue bond moneys for purposes of joint venture school facilities construction projects, pursuant to Article 5 (commencing with Section 17060) of Chapter 12, shall not be subject to the priorities set forth in paragraph (1). (k) This section does not make the State of California liable for any payments within the meaning of Section 1 of Article XVI of the California Constitution. (l) A school district that has a qualified or negative certification pursuant to Section 42131, or a county office of education that has a qualified or negative certification pursuant to Section 1240, may only participate under this section to intercept payments for indebtedness for which the repayment is determined to be probable pursuant to Section 42133. (m) This section does not obligate the State of California to make available the sources of apportionment under subdivision (f) or a county to make available the sources of apportionment under subdivision (h) in any amount or at any time or, except as provided in this section, to fund any payment described in this section. This subdivision is intended solely to clarify existing law. (Amended by Stats. 2023, Ch. 48, Sec. 13. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17199.5. Source version: id_30b53465-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= Notwithstanding Section 17199.4, if the bonds were subject to a credit enhancement agreement provided by a public credit provider pursuant to Section 17193.5 for which a payment for principal or interest, or both, has been made by the public credit provider, the Controller, or the county treasurer or other appropriate county fiscal officer, as applicable, shall allocate to the public credit provider, rather than the trustee, the percentage of the apportionment to be made pursuant to this paragraph equal to the percentage of the outstanding indebtedness that is subject to the credit enhancement agreement. (Amended by Stats. 2023, Ch. 48, Sec. 14. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18. California School Finance Authority [17170 - 17199.6] SECTION 17199.6. Source version: id_e692a205-c7b6-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.&article= The authority is delegated exclusive control over the use and allocation of the volume cap described in Section 142(k) of the federal Internal Revenue Code, or successor provisions of the Internal Revenue Code. The board of the authority, by resolution, may use the volume cap for obligations issued by the authority or allocate the volume cap to any party. (Added by Stats. 2012, Ch. 38, Sec. 37. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] SECTION 17200. Source version: id_49f0effc-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.5.&article= As used in this chapter, unless the context requires otherwise, the following definitions apply: (a) “Administering entity” means the following: (1) For an application for a community college campus or district, the office of the Chancellor of the California Community Colleges. (2) For an application for a California State University campus, the office of the Chancellor of the California State University. (3) For an application for a University of California campus, the office of the President of the University of California. (4) For an intersegmental application, both or all of the systemwide offices described in paragraphs (1) to (3), inclusive, as applicable to the project applicants. (b) “Applicant” means a community college district, a campus of the California State University, a campus of the University of California, which may include the college named in Section 92200, or a partnership of campuses across and within the public higher education segments. “Applicant” also means the office of the Chancellor of the California Community Colleges on behalf of one or more community college districts, the office of the Chancellor of the California State University on behalf of one or more campuses of the California State University, or the office of the President of the University of California on behalf of one or more campuses of the University of California. (c) “Campus” means a community college district, a campus of the California State University, or a campus of the University of California, which may include the college named in Section 92200. (d) “Capacity expansion projects” means projects that expand the ability of a four-year public postsecondary educational institution to support future California resident enrollment growth. (e) “Low-income student” means either of the following: (1) A student who is eligible to receive one or more of the following: (A) Pell Grant financial aid under the federal Pell Grant program (20 U.S.C. Sec. 1070a). (B) A Cal Grant under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. (C) An exemption from paying nonresident tuition pursuant to Section 68130.5 provided that the student also meets income criteria applicable to the California Dream Act application. (D) A fee waiver from a California Community College pursuant to Section 76300. (2) A graduate student with income and asset levels that would qualify for one or more of the benefits in subparagraphs (A) through (D), inclusive, as determined by the campus at which the student is enrolled. (f) “Public-private partnership” means a long-term agreement between a segment and the private sector for purposes of a student housing project, including, but not limited to, studying, planning, designing, constructing, developing, financing, operating, maintaining, or any combination thereof, a student housing project. (g) “Segment” means the public higher education segments of California, which are the University of California, the California State University, or the California Community Colleges. (h) “Student housing project” means one or more housing facilities to be occupied by students of one or more campuses. These facilities may include, but are not necessarily limited to, dining, academic and student support service spaces, basic needs centers, student health care services, and other necessary and usual attendant and related facilities and equipment. (Amended by Stats. 2022, Ch. 478, Sec. 4. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] SECTION 17201. Source version: id_092dc2da-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.5.&article= (a) The Higher Education Student Housing Grant Program is hereby established to provide one-time grants for the construction of student housing, or for the acquisition and renovation of commercial properties into student housing for the purpose of providing affordable, low-cost housing options for students enrolled in public postsecondary education in California. (b) (1) (A) Of the total amount appropriated pursuant to subdivision (l), and intended to be appropriated pursuant to subdivision (p) in support of this section and Section 17202, as those sections read on January 1, 2023, 50 percent of the available funds shall be available for the California Community Colleges, 30 percent of the available funds shall be available for the California State University, and 20 percent of the available funds shall be available for the University of California. (B) Commencing with the 2023–24 fiscal year, funding previously allocated for construction grants for campuses of the University of California and the California State University, or funding that is planned to be allocated for additional construction grants for the University of California and the California State University, pursuant to this section, as it read on January 1, 2023, shall be funded with bonds issued by the University of California and the California State University instead of funded from previous and planned General Fund appropriations. (C) Commencing with the 2023–24 fiscal year, funding previously allocated for construction grants for campuses of the California Community Colleges, or funding that is planned to be allocated for additional construction grants for the California Community Colleges, pursuant to this section, as it read on January 1, 2023, shall be funded with local revenue bonds issued by community college districts instead of funded from previous and planned General Fund appropriations. (2) Notwithstanding paragraph (1), the amounts designated in paragraph (1) for the California Community Colleges, and the amounts designated in subdivision (n) for the University of California and the California State University, may be adjusted to accommodate and prioritize projects serving low-income students across more than one segment. (3) It is the intent of the Legislature that grants will be disbursed to increase the current stock of affordable student housing, for purposes of supporting low-income students and facilitating low-income student access to higher education. (c) Proposals for one-time grants for the construction of, or rehabilitation of commercial properties for, student housing shall include, at a minimum, the project goals, costs, number of students to be housed, timeline for the project, financial feasibility of the project, anticipated impact on the campus’ ability to accommodate California resident enrollment growth, a commitment to construct the project within the resource needs identified in the proposal, and any other information deemed necessary for evaluation of the criteria pursuant to subdivision (f). (d) (1) University of California campuses, California State University campuses, and community college districts shall submit their applications to their respective administering entities. (2) Applications for intersegmental projects shall be submitted to each of the administering entities overseeing a campus or college involved in the intersegmental project. (3) Community college districts and intersegmental partners that receive planning grants may submit applications for construction grants to their respective administering entities only after feasibility studies and all other preliminary planning have been completed and reliable project cost estimates have been developed. (e) The administering entities shall provide the Department of Finance, the Legislative Analyst’s Office, and the budget committees of the Legislature with information on all submitted project proposals, including, but not limited to, the information specified in subdivision (g), on or before February 1 preceding the fiscal year in which program funds are appropriated. (f) Submitted proposals shall demonstrate all of the following: (1) Construction on the project could begin by December 31 in the year the grant is awarded, or by the earliest possible date thereafter. (2) (A) The rent provided in the applicable units of the development for low-income students shall be calculated at 30 percent of 50 percent of the area median income for a single-room occupancy unit type. The percentage of area median income may be adjusted upon written notification by the Director of Finance to the Joint Legislative Budget Committee, and approval by the Joint Legislative Budget Committee. (B) Annual rent for the units described in this paragraph may be adjusted each year based on the lesser of the area median income calculation for a given year pursuant to subparagraph (A), or the percentage change in the annual average value of the California Consumer Price Index for all urban consumers for the most recent calendar year of actual data. (C) The affordability restriction described in subparagraph (A) shall apply for the life of the facility. (3) A commitment to first offer the housing available from the facilities to low-income students. In meeting this requirement, a campus may calculate the rental savings and number of low-income students that would be served by the student housing constructed pursuant to this section, and place the calculated number of students qualifying for the reduced rental rate throughout the campus’s available housing. (4) (A) A commitment to require any students renting housing in the facilities to take a minimum average of 12 degree-applicable units per semester term, or the quarterly equivalent, to facilitate timely degree completion. (B) Notwithstanding subparagraph (A), eligible students renting housing in the facilities shall be permitted to live in the facilities for the full academic or calendar year so long as the student remains enrolled in the applicable campus. Renewal of housing in the facility in subsequent academic or calendar years shall require the student to demonstrate compliance with subparagraph (A). (C) Notwithstanding subparagraph (A), students renting housing in the facilities may temporarily reduce their unit load below 12 degree-applicable units if they are able to demonstrate an exceptional circumstance necessitating a reduced unit load, which may include, but is not limited to, illness or injury, as determined by the applicable campus. (5) Receipt of a grant pursuant to this chapter will result in a public benefit, such as providing low-cost student housing and reduced rents, reducing students’ total cost of attendance, serving more low-income students, or other tangible benefits that would not be practical without the grant for student housing. (6) The University of California and the California State University shall not use a public-private partnership to construct, operate, maintain, or any combination thereof, a project. (7) As a condition of receiving funding for a project, the University of California shall comply, with respect to the project, with the requirements of Section 92495 applicable to capital outlay projects. (8) A plan to build funds into the submitted project bid for project contingency. (A) The amount for project contingency shall be 5 percent of construction costs for University of California and California State University projects and 10 percent of construction costs for California Community College projects. Intersegmental projects involving a California Community College shall include project contingency of 10 percent of construction costs. Grant funds may be used to cover these project contingency amounts. (B) (i) The plan also shall identify the fund sources, other than the construction grants received under this program, and their respective balances that would be available to cover costs above those projected in the application. (ii) Any applicant that receives a grant shall cover any costs above those identified in their application to the state using the fund sources identified in clause (i). (9) (A) An applicant’s student population has unmet demand for housing, as measured by both of the following: (i) The proportion of students waitlisted for on-campus housing compared to total enrollment. (ii) Rental vacancy rates for housing in the county for which the student housing project would be located, as defined by the United States Census Bureau. (B) Applicants shall calculate the data pursuant to clauses (i) and (ii) of subparagraph (A) using data for the most recent year available. (10) A campus shall not apply for a grant to reimburse costs that it has already incurred. (g) In their submittals to the Department of Finance, the Legislative Analyst’s Office, and budget committees of the Legislature, the administering entities shall rank all eligible applications using a composite score of all of the following measures: (1) State funding per bed for low-income students, with a lower ratio receiving a higher ranking. (2) Projected rents for low-income student units relative to the limit set forth in subparagraph (A) of paragraph (2) of subdivision (f), with a lower measure receiving a higher ranking. (3) Project timeline, with an earlier construction start date receiving a higher ranking. (4) The geographic location of each project. It is the intent of the Legislature that projects selected for a grant are fairly representative of various geographical regions of the state and campuses of the University of California, the California State University, and the California Community Colleges. (5) Whether the applicant is reapplying with a project that was previously deemed ineligible, with a higher ranking given to the updated project applications that address any issues identified in a previous application. (6) (A) Unmet demand for housing, with a higher ranking given to projects with either of the following: (i) Higher proportions of students waitlisted for on-campus housing when compared to total enrollment. (ii) Lower rental vacancy rates for housing in the county for which the student housing project would be located, as defined by the United States Census Bureau. (B) Applicants shall calculate the proportions and rates pursuant to clauses (i) and (ii) of subparagraph (A) using data for the most recent year available. (C) For each project, the administering entities shall select the measure determined pursuant to clauses (i) and (ii) of subparagraph (A) yielding the highest ranking. (h) Proposals for student housing projects submitted pursuant to this chapter shall be considered for inclusion in the annual Budget Act or other legislation, subject to an available and sufficient appropriation. (i) (1) Appropriations provided to support a project included in the annual Budget Act or other legislation pursuant to this chapter shall be considered grants to the applicant for purposes of constructing the project. As a condition of receiving funds pursuant to this chapter, the Regents of the University of California, the Trustees of the California State University, or the Board of Governors of the California Community Colleges, or the respective statewide offices for each segment, shall do all of the following: (A) Provide oversight of the project for which funds are appropriated. (B) From the receipt of funds to completion of construction for the project, report annually, beginning on or before February 1 of the fiscal year immediately following receipt of funding, to the Department of Finance and the relevant policy and budget committees of the Legislature, together with the annual report submitted pursuant to subdivision (c) of Section 66014.6, if applicable, on the status of the project. At a minimum, these reports shall include data on a project’s cost, funding by source, number of beds for low-income students, rents for low-income student beds, the number of standard rent beds and their associated rents, if applicable, building square footage, and project timeline. For each of these data elements that were included in a project’s application to the state, the reports shall compare the estimates provided in the application to the most recently available estimates. (C) Following completion of the project, report annually, beginning on or before February 1 of the year immediately following completion, for a five-year period to the Department of Finance and the relevant policy and budget committees of the Legislature, together with the annual report submitted pursuant to subdivision (c) of Section 66014.6, if applicable, on the public benefit provided by the project as related to the selection criteria outlined in this chapter. At a minimum, these reports shall include data on a project’s number of beds for low-income students, rents for low-income student beds, the number of standard rent beds and their associated rents, if applicable, annual operating costs and revenues, and housing occupancy rates compared to the campuswide average. For each of these data elements that were included in a project’s application to the state, the reports shall compare the estimates provided in the application to the most recently available estimates. (2) For a community college project funded pursuant to this chapter, the local community college district may perform the oversight and reporting functions required pursuant to subparagraphs (A) to (C), inclusive, of paragraph (1) in lieu of these functions being performed by the Board of Governors of the California Community Colleges or the office of the Chancellor of the California Community Colleges. (j) For purposes of computing the maintenance of effort for the federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (Public Law 116-260), and the federal American Rescue Plan Act of 2021 (Public Law 117-2), these funds shall be considered fully expended in the year in which they are appropriated, and these funds shall be considered need-based financial aid, as the intent of the program is to reduce nontuition costs for students. (k) Notwithstanding any other law, including subdivision (j), reduced housing expenses from student housing provided pursuant to this chapter shall augment and not supplant student financial aid from other public sources, and shall not be considered when calculating eligibility for student financial aid. (l) For the 2022–23 fiscal year, seventeen million nine hundred seventy-four thousand dollars ($17,974,000) is hereby appropriated from the General Fund for the purpose of providing planning grants for California Community Colleges that are exploring or determining if it is feasible to offer affordable student rental housing. (m) The funds appropriated pursuant to subdivision (l) shall be appropriated to the office of the Chancellor of the California Community Colleges, to be allocated to the following California Community Colleges, as follows: (1) One hundred fifty-five thousand dollars ($155,000) for allocation to Chabot College. (2) One hundred fifty-five thousand dollars ($155,000) for allocation to Las Positas College. (3) One hundred eighty thousand dollars ($180,000) for allocation to Contra Costa College. (4) One hundred eighty thousand dollars ($180,000) for allocation to Diablo Valley College. (5) One hundred eighty thousand dollars ($180,000) for allocation to Los Medanos College. (6) One hundred thirty-two thousand dollars ($132,000) for allocation to De Anza College. (7) One hundred thirty-two thousand dollars ($132,000) for allocation to Foothill College. (8) Five hundred eighty thousand dollars ($580,000) for allocation to Ohlone College for two projects. (9) One hundred ten thousand dollars ($110,000) for allocation to Berkeley City College. (10) One hundred ten thousand dollars ($110,000) for allocation to College of Alameda. (11) One hundred ten thousand dollars ($110,000) for allocation to Laney College. (12) One hundred ten thousand dollars ($110,000) for allocation to Merritt College. (13) Two hundred thirty-five thousand dollars ($235,000) for allocation to Evergreen Valley College. (14) Two hundred thirty-five thousand dollars ($235,000) for allocation to San Jose City College. (15) Two hundred thousand dollars ($200,000) for allocation to the College of San Mateo. (16) One hundred fifty thousand dollars ($150,000) for allocation to Solano Community College. (17) Three hundred fourteen thousand dollars ($314,000) for allocation to Cerro Coso Community College. (18) Three hundred fourteen thousand dollars ($314,000) for allocation to Porterville College. (19) One hundred forty-five thousand dollars ($145,000) for allocation to Merced College. (20) Five hundred sixty-four thousand dollars ($564,000) for allocation to Merced College for an intersegmental project with the University of California, Merced. (21) Four hundred forty-nine thousand dollars ($449,000) for allocation to Fresno City College. (22) Four hundred forty-nine thousand dollars ($449,000) for allocation to Madera College. (23) One hundred fifty thousand dollars ($150,000) for allocation to West Hills College Coalinga. (24) Seventy thousand dollars ($70,000) for allocation to Copper Mountain College. (25) One hundred fifty-five thousand dollars ($155,000) for allocation to Mt. San Jacinto College. (26) Five hundred forty thousand dollars ($540,000) for allocation to Moreno Valley College. (27) Five hundred ninety thousand dollars ($590,000) for allocation to Norco College. (28) Four hundred seventy thousand dollars ($470,000) for allocation to Riverside City College. (29) Eight hundred forty-five thousand dollars ($845,000) for allocation to Crafton Hills College. (30) Eight hundred forty-five thousand dollars ($845,000) for allocation to San Bernardino Valley College. (31) Two hundred thousand dollars ($200,000) for allocation to Antelope Valley Community College. (32) Two hundred twenty-five thousand dollars ($225,000) for allocation to Cerritos College. (33) One hundred ten thousand dollars ($110,000) for allocation to El Camino College. (34) One hundred twenty thousand dollars ($120,000) for allocation to Long Beach City College. (35) One hundred ten thousand dollars ($110,000) for allocation to East Los Angeles College. (36) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles City College. (37) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Harbor College. (38) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Mission College. (39) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Pierce College. (40) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Southwest College. (41) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Trade Technical College. (42) One hundred ten thousand dollars ($110,000) for allocation to Los Angeles Valley College. (43) One hundred ten thousand dollars ($110,000) for allocation to West Los Angeles College. (44) One hundred fifty thousand dollars ($150,000) for allocation to Cypress College. (45) Fifty thousand dollars ($50,000) for allocation to Pasadena City College. (46) Five hundred thousand dollars ($500,000) for allocation to Rancho Santiago Community College District. (47) Five hundred twenty-two thousand dollars ($522,000) for allocation to Rio Hondo College. (48) One hundred ten thousand dollars ($110,000) for allocation to Santa Monica College. (49) Three hundred twenty-three thousand dollars ($323,000) for allocation to Irvine Valley College. (50) Four hundred eighty-three thousand dollars ($483,000) for allocation to Saddleback College. (51) Five hundred thousand dollars ($500,000) for allocation to Butte College for an intersegmental project with California State University, Chico. (52) Three hundred forty-nine thousand dollars ($349,000) for allocation to Feather River College. (53) One hundred ten thousand dollars ($110,000) for allocation to American River College. (54) One hundred ten thousand dollars ($110,000) for allocation to Cosumnes River College. (55) One hundred ten thousand dollars ($110,000) for allocation to Folsom Lake College. (56) One hundred ten thousand dollars ($110,000) for allocation to Sacramento City College. (57) Two hundred fifty thousand dollars ($250,000) for allocation to Mendocino College. (58) One hundred fifty-five thousand dollars ($155,000) for allocation to Shasta College. (59) One hundred fifty-five thousand dollars ($155,000) for allocation to Cuyamaca College. (60) One hundred fifty-five thousand dollars ($155,000) for allocation to Grossmont College. (61) One hundred fifty thousand dollars ($150,000) for allocation to MiraCosta College. (62) Eight hundred twenty thousand dollars ($820,000) for allocation to Palomar College. (63) Three hundred forty-four thousand dollars ($344,000) for allocation to San Diego City College. (64) Six hundred eighteen thousand dollars ($618,000) for allocation to Southwestern College for five projects. (65) One hundred eighty-five thousand dollars ($185,000) for allocation to Allan Hancock College. (66) Two hundred forty-two thousand dollars ($242,000) for allocation to Cabrillo Community College. (67) Three hundred twenty-five thousand dollars ($325,000) for allocation to Hartnell College. (68) One hundred fifty thousand dollars ($150,000) for allocation to Santa Barbara City College. (69) Two hundred fifty thousand dollars ($250,000) for allocation to Moorpark College. (70) Two hundred forty-nine thousand dollars ($249,000) for allocation to Oxnard College. (n) Commencing with the 2023–24 fiscal year all of the following shall apply: (1) (A) The General Fund support for the grants provided to campuses of the University of California and the California State University, as listed in this section pursuant to Chapters 54 and 572 of the Statutes of 2022, shall revert to the General Fund and the project grants shall instead be funded by revenue bonds issued by the University of California and the California State University. (B) In addition to the funding for projects pursuant to subparagraph (A) for the University of California, the University of California shall fund construction grants using revenue bond funding issued by the University of California for both of the following projects: (i) Forty-three million dollars ($43,000,000) for allocation to the University of California, Davis, for the Segundo Infill Student Housing project. (ii) Forty-three million dollars ($43,000,000) for allocation to the University of California, Santa Barbara, for the East Campus Student Housing project. (C) In addition to the funding for projects pursuant to subparagraph (A) for the University of California, the University of California shall allocate funding for capital outlay planning and construction to finance all of the following projects: (i) One hundred twenty-six million dollars ($126,000,000) for allocation to the University of California, Riverside, for an intersegmental project with Riverside City College. (ii) One hundred million dollars ($100,000,000) for allocation to the University of California, Merced, for an intersegmental project with Merced College. (iii) One hundred eleven million seven hundred eighty-seven thousand dollars ($111,787,000) for allocation to the University of California, Santa Cruz, for an intersegmental project with Cabrillo Community College. (D) (i) In addition to the funding for projects pursuant to subparagraph (A) for the California State University, the California State University shall fund construction grants using revenue bond funding issued by the California State University for all of the following projects: (I) Eighty-nine million one hundred thousand dollars ($89,100,000) for allocation to the California State University, San Jose. (II) Forty-one million three hundred forty thousand dollars ($41,340,000) for allocation to the California State University, Sacramento. (III) Eighteen million eight hundred fifty thousand dollars ($18,850,000) for allocation to the California State University, Stanislaus. (ii) The California State University shall use seven million four hundred eighty-nine thousand dollars ($7,489,000) in revenue bond funding issued by the California State University to fund cost overruns associated with approved project grants described in subparagraph (A). (E) Projects funded by revenue bond funds pursuant to this paragraph shall meet all requirements of this chapter. (2) (A) The General Fund support for the grants provided to campuses of the California Community Colleges, as listed in this section pursuant to Chapters 54 and 572 of the Statutes of 2022, shall revert to the General Fund, and the grants may instead be funded by local financing issued by community college districts for specified projects. A community college that has already received an allocation of resources shall revert those General Fund resources upon the community college’s receipt of proceeds derived from amounts borrowed by the State Public Works Board pursuant to any financing program established to support community college affordable student housing projects, or upon the appropriation of funds related to fulfilling the community college’s obligation to revert the allocation it received pursuant to Chapters 54 and 572 of the Statutes of 2022. (B) In addition to the funding for projects pursuant to subparagraph (A), the California Community Colleges may fund construction grants using local financing issued by community college districts for all of the following projects: (i) Seventy-five million dollars ($75,000,000) for allocation to San Diego City College. (ii) Sixty-seven million nine hundred ninety-five thousand dollars ($67,995,000) for allocation to Cerritos College. (iii) Fifty-five million eight hundred fifty-four thousand dollars ($55,854,000) for allocation to the College of San Mateo. (iv) Twenty-eight million four hundred fifteen thousand dollars ($28,415,000) for allocation to the College of the Redwoods. (C) In addition to the funding for projects pursuant to subparagraphs (A) and (B), the California Community Colleges may fund construction grants using local financing issued by local community college districts for an additional eighty-one million three hundred forty-three thousand dollars ($81,343,000), subject to future legislation. (D) Projects funded by local financing pursuant to this paragraph shall meet all requirements of this chapter. (o) Any project receiving a grant pursuant to this section shall deliver, at a minimum, the number of beds for low-income students specified in its application when it was approved by the state. Rents for these beds shall not exceed the rates assumed in the project’s application. A project may deliver more beds or charge lower rents than assumed in its application if financially feasible. (p) Intersegmental projects funded through the University of California shall divide the number of beds for low-income students between the participating campuses as specified in the Higher Education Student Housing Grant Program application approved by the state and further defined in the subsequent operating agreements between each University of California campus and the California Community College district partnership. (q) It is the intent of the Legislature that no later than the Budget Act of 2024, a statewide lease revenue bond or other statewide financing or fiscal approach be developed and included to support community college affordable student housing projects that have been approved pursuant to this section. (Amended by Stats. 2026, Ch. 79, Sec. 2. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] SECTION 17202. Source version: id_45207411-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.5.&article= (a) California community colleges may submit requests for planning grants for campuses that are exploring or determining if it is feasible to offer affordable student rental housing. It is the intent of the Legislature to use up to twenty-five million dollars ($25,000,000) of the total amount described in subdivisions (l) of Section 17201 to support planning grants. (b) The selection process for planning grants shall include both of the following requirements: (1) To the extent feasible, ensure a reasonable geographic distribution of funds. (2) Require that the planning activities related to the proposed affordable student rental housing project be reasonable compared to the costs of comparable projects in the area. (c) A campus that receives a grant pursuant to this section may use those grant moneys for one or more of the following purposes in connection with an affordable rental student housing project: (1) Feasibility studies. (2) Engineering studies. (3) Financing studies. (4) Environmental impact studies. (5) Architectural plans. (6) Application fees. (7) Legal services. (8) Permitting costs. (9) Bonding. (10) Site preparation. (d) A community college applying for a planning grant shall not apply for a construction grant for the same project in the same application cycle. (e) For purposes of this section, the following definitions apply: (1) “Affordable student rental housing” means housing for students that would be charged at below market rate that would be consistent with the requirements of paragraph (2) of subdivision (f) of Section 17201. (2) “Feasible” means that a project may be accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Amended by Stats. 2022, Ch. 54, Sec. 3. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] SECTION 17203. Source version: id_4725e103-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.5.&article= It is the intent of the Legislature that all laws applicable to an applicant related to the acquisition, design, construction, or renovation of a capital outlay project apply to any student housing project receiving funding under this chapter. This includes, but is not limited to, Section 92495 and applicable provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the Public Contract Code, and this code, including any applicable workforce and labor requirements within those codes. (Amended by Stats. 2022, Ch. 54, Sec. 4. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] SECTION 17203.5. Source version: id_1c77d2a3-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.5.&article= (a) The office of the Chancellor of the California State University and the office of the Chancellor of the California Community Colleges shall, and the office of the President of the University of California is requested to, collect data on student housing insecurity at each of their respective campuses and submit a report on that data to the Department of Finance and all relevant policy committees on or before March 1, 2023. (b) The collected data shall include all of the following information: (1) The number of students who receive housing assistance for on-campus or off-campus housing disaggregated by all of the following: (A) Gender. (B) Ethnicity. (C) The percentage of students who have dependents. (D) The percentage of students who are first-generation college students. (E) The percentage of students who are current or former foster youth. (F) The percentage of students who meet the requirements Section 68130.5. (G) The distribution of students by age group, income level, gender identity, and LGBTQI+ identity. (H) The percentage of students who are students with disabilities as identified by the campus. (I) The percentage of students who are current or former homeless youth. (J) The percentage of students who identify as LGBTQI+. (2) The number of students who live on campus and the number of available beds on campus. (3) The average rental rate for a two-bed dorm room and a two-bedroom apartment on campus. (4) The average rental rate for a two-bedroom apartment in city or county where the campus is located, if available. (c) The requirement for submitting a report imposed under subdivision (a) is inoperative on March 1, 2027, pursuant to Section 10231.5 of the Government Code. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2022, Ch. 54, Sec. 5. (AB 183) Effective June 30, 2022. Repealed as of January 1, 2028, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] SECTION 17204. Source version: id_4925cfb5-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=18.5.&article= (a) The Higher Education Capacity Expansion Grant Program is hereby established to provide one-time grants for capacity expansion projects to support increased California resident enrollment. (b) To be eligible for a grant for a capacity expansion project, an applicant shall demonstrate that the project will increase future California resident enrollment capacity, either by increasing instructional space for students or improving students’ time-to-degree, or will otherwise support the applicant’s ability to provide accessible higher education options to more students. Projects may include, but are not necessarily limited to, all of the following: (1) New construction. (2) Land or building acquisition. (3) Modernization of existing buildings for improving the learning environment, improving equipment, increasing classroom capacity, or accommodating more students in high-demand majors and fields. (c) Proposals for projects to be considered pursuant to this section shall be submitted to the Department of Finance by an established proposal deadline. (d) The Department of Finance shall provide the Joint Legislative Budget Committee information on all submitted project proposals, and a list of projects proposed for inclusion in the annual Budget Act or other legislation, no later than four months following any proposal deadline established pursuant to subdivision (c). (e) The University of California and the California State University shall not use a public-private partnership to construct, operate, maintain, or any combination thereof, a project. (f) As a condition of receiving funding for a project, the University of California shall comply, with respect to the project, with the requirements of Section 92495 applicable to capital outlay projects. (g) Project selection criteria may include any of the following: (1) The timeline for project construction, with priority given to projects that can begin the earliest. (2) The campus’ unmet demand for California resident enrollment, with priority given to applicants with greater unmet California resident demand. (3) The availability of a local match, with priority given to campuses with a local match. (4) When considered as a whole, the applications approved pursuant to this section are fairly representative of the various geographical regions of the state and the campuses of the University of California and the California State University. (5) The campus’ efforts to construct, acquire, or develop collaboratively with its local communities, including other public postsecondary educational institutions, capacity expansion projects. (h) Proposals for capacity expansion projects submitted to the Department of Finance pursuant to this section shall be considered for inclusion in the annual Budget Act or other legislation, subject to an available and sufficient appropriation. (i) It is the intent of the Legislature to appropriate funds for the Higher Education Capacity Expansion Grant Program in a future fiscal year. (Amended by Stats. 2022, Ch. 54, Sec. 6. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 1. General Provisions [15300 - 15303] SECTION 15300. Source version: id_9a73c8de-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=1. This chapter provides a method for the formation of school facilities improvement districts consisting of a portion of the territory within a school district or community college district, for the conduct of a bond election within a school facilities improvement district, and for the issuance of general obligation bonds by a school district or community college district for a school facilities improvement district. (Amended by Stats. 2007, Ch. 670, Sec. 7. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 1. General Provisions [15300 - 15303] SECTION 15301. Source version: id_9ac36f80-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=1. (a) A school district or community college district that has a community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982, as set forth in Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, that has as one of its purposes the construction of school facilities within a portion of the territory of the school district or community college district, may proceed under this chapter. (b) The boundaries of a school facilities improvement district formed pursuant to this chapter shall include all of the portion of the territory within the boundaries of the school district or community college district that is not located within the boundaries of the community facilities district as described in subdivision (a). (c) A school district or community college district may proceed under this chapter without meeting the requirements of subdivisions (a) and (b) if the governing board of the school district or community college district determines that it is necessary and in the best interest of the school district or community college district, respectively, to form a school facilities improvement district pursuant to this chapter to finance school facilities and purposes authorized pursuant to Section 15100. As a part of that determination, the governing board of the school district or community college district shall make a finding that the overall cost of financing the bonds issued pursuant to this part would be less than the overall cost of other school facilities financing options available to the school district or community college district, including, but not limited to, issuing bonds pursuant to the Mello-Roos Communities Facilities Act of 1982 (Ch. 2.5 (commencing with Sec. 53311), Pt. 1, Div. 2, Title 5, Gov. C.). The governing board of the school district or community college district proceeding under this subdivision shall define the boundaries of the school facilities improvement district to include any portion of territory within the jurisdiction of the school district or community college district. (d) The governing body of a school district or community college district that proceeds under this chapter shall comply with the filing requirements established by Section 54902 of the Government Code. A plat or map that is filed pursuant to this subdivision shall specifically identify property, located within the school district or community college district, that is not located within the improvement district established by the school district or community college district pursuant to this chapter. (Amended by Stats. 2007, Ch. 670, Sec. 8. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 1. General Provisions [15300 - 15303] SECTION 15302. Source version: id_479f646e-e40f-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=1. (a) Two or more small school districts that have had the issuance of bonds authorized by the voters pursuant to this chapter may form a joint powers authority in accordance with the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for the purpose of issuing or selling those bonds for raising money for the purposes authorized. (b) A joint powers authority described in subdivision (a) shall be deemed a school district for purposes of this chapter only and may exercise all authority granted to a school district under this chapter under the conditions imposed by this chapter for the issuance and sale of bonds. (c) Each small school district shall be responsible for its respective voter-approved bonds pursuant to this chapter. A joint powers authority formed pursuant to this section shall serve the purpose of sharing administrative costs associated with the issuance and sale of bonds and shall not otherwise affect the terms of the respective voter-approved bonds. (d) For purposes of this section, “small school district” means a school district with fewer than 2,501 units of average daily attendance. (Added by Stats. 2017, Ch. 451, Sec. 3. (AB 1550) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 1. General Provisions [15300 - 15303] SECTION 15303. Source version: id_b3744cd9-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=1. (a) This chapter shall not be operative in a county or counties until the board of supervisors of the county in which the county superintendent of schools having jurisdiction over the school district or community college district in which a proposed school facilities improvement district is located, and the board of supervisors of any county in which a proposed school facilities improvement district is located, by resolution adopted by a majority vote of each affected board of supervisors, makes this chapter applicable in the county or counties. The resolution may make this chapter operative in the county generally, or to one or more school districts or community college districts. (b) A board of supervisors adopting a resolution pursuant to subdivision (a) shall file that resolution with the California Debt and Investment Advisory Commission established pursuant to Section 8855 of the Government Code. (Amended by Stats. 2009, Ch. 332, Sec. 1.19. (SB 113) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 13. Maximum Tax for Payment of Bonds [15425- 15425.] SECTION 15425. Source version: id_9e02e324-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=13. Notwithstanding any other provision of this chapter, it is the intent of the Legislature that the rate of taxes levied annually upon the property in a school facilities improvement district formed pursuant to subdivision (a) of Section 15301 not be greater than the rate of the annual special tax levied upon parcels in the same school district or community college district that are part of a community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982, as set forth in Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code that has as one of its purposes the construction of school facilities within a portion of the territory of the school district or community college district. A determination by the governing board of a school district or community college district, made at the time bonds are sold pursuant to this part, that the rate of taxes to be levied annually upon the property in the school facilities improvement district, based upon tax rate estimates prepared pursuant to Section 9401 of the Elections Code, does not exceed the rate of the annual special tax levied upon parcels in the same school district or community college district that are part of a community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982, shall be conclusive evidence of compliance with the intent of this section. (Amended by Stats. 2007, Ch. 670, Sec. 53. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15320. Source version: id_9b69c1a4-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. Whenever the governing board of a school district or community college district meeting the requirements set forth in Section 15301 determines that a school facilities improvement district is necessary, the governing board shall adopt a resolution of intention that states all of the following: (a) The intention of the governing board to form the proposed school facilities improvement district. (b) The general purposes for which the proposed school facilities improvement district is to be formed. (c) The estimated cost of the school facilities improvement project. (d) That any taxes levied for the purpose of financing the general obligation bonds issued to finance the project shall be levied exclusively upon the lands in the proposed school facilities improvement district. (e) That a map showing the exterior boundaries of the proposed school facilities improvement district is on file with the governing board of the school district or community college district and is available for inspection by the public. The boundaries of the school facilities improvement district shall meet the requirements set forth in subdivision (b) of Section 15301. (f) The time and place for a hearing by the governing board on the formation of the proposed school facilities improvement district. (g) That any interested persons, including all persons owning lands in the school district or community college district, or in the proposed school facilities improvement district, may appear and be heard. (Amended by Stats. 2007, Ch. 670, Sec. 11. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15321. Source version: id_9bbceab6-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. Notice of the hearing shall be given by publishing a copy of the resolution of intention in a newspaper of general circulation published in each affected county, pursuant to Section 6066 of the Government Code, the first publication shall be at least 14 days prior to the time fixed for the hearing. No notice other than that required by this section need be given. (Amended by Stats. 2007, Ch. 670, Sec. 12. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15322. Source version: id_cdf03784-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. The governing board of the school district or community college district shall hold the hearing provided for by resolution of intention at the time and place fixed by that resolution. Any interested person, including, but not limited to, all persons owning land in the school district, or in the proposed school facilities improvement district or community college district, may appear and be heard concerning any matters set forth in the resolution of intention. (Repealed and added by Stats. 1997, Ch. 893, Sec. 14. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15323. Source version: id_9c0e8d28-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. At the hearing, the governing board of the school district or community college district may adopt a resolution proposing modifications, consistent with Section 15302, of the purpose stated in the resolution of intention. A resolution proposing modifications shall describe the proposed modifications, state the change, if any, in the estimated cost of carrying out the purpose, and shall fix a time and place for the hearing by the governing board. (Amended by Stats. 2007, Ch. 670, Sec. 13. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15324. Source version: id_cdf03788-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. The governing board of the school district or community college district shall publish the resolution proposing the modifications to the resolution of intention once in the same newspaper in which the resolution of intention was published at least 14 days prior to the date of hearing on the proposed modifications. (Repealed and added by Stats. 1997, Ch. 893, Sec. 18. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15325. Source version: id_cdf0378a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. The hearing on any proposed modifications may be held at the same time and place as any continued hearing on the resolution of intention and both hearings may be held and conducted concurrently. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15326. Source version: id_cdf0378c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. At the conclusion of the hearing on the resolution of intention and of the hearing, if any, upon proposed modifications, the governing board may by resolution order the school facilities improvement district formed for the purpose and with the boundaries described in the resolution of intention, and, if relevant, the resolution proposing modifications. The resolution ordering the school facilities improvement district formed shall state the estimated cost of carrying out the purpose described in the resolution. The resolution shall also number and designate the school facilities improvement district substantially as “School Facilities Improvement District of the ____ School District” or “School Facilities Improvement District of the ____ Community College District.” (Repealed and added by Stats. 1997, Ch. 893, Sec. 20. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15326.5. Source version: id_9c61b63a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. The governing board may amend a previously adopted resolution ordering the formation of a school facilities improvement district to change or add to the purposes for which the school facilities improvement district is formed and the projects to be financed and to increase or decrease the amount of bonds that may be issued for those purposes. Bonds may be issued only for the purposes stated in, and in an amount not exceeding the amount stated in, a proposition submitted to and approved by the voters of the school facilities improvement district. (Added by Stats. 2007, Ch. 670, Sec. 14. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 2. Formation of District [15320 - 15327] SECTION 15327. Source version: id_cdf0378e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=2. The governing board of the school district or community college district in which a school facilities improvement district has been formed shall have the same rights, powers, duties and responsibilities with respect to the formation and government of school facilities improvement district as the governing board has with respect to the school district or community college district. (Repealed and added by Stats. 1997, Ch. 893, Sec. 22. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 3. Financing the Bonds [15334.5- 15334.5.] SECTION 15334.5. Source version: id_9cb46a1c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=3. Notwithstanding any other provision of law, no bonded indebtedness may be incurred pursuant to this part in an amount that would cause the bonded indebtedness of the territory of the school facilities improvement district or of the school district or community college district of which the school facilities improvement district is a part, to exceed the limitation of indebtedness specified in Sections 15102 and 15106. No bonded indebtedness may be incurred pursuant to this part in an amount that would cause the bonded indebtedness of the territory of the school facilities improvement district to exceed the limitation of indebtedness specified in Sections 15102 and 15106. (Amended by Stats. 2007, Ch. 670, Sec. 20. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 4. General Provisions for Bond Elections [15340 - 15345] SECTION 15340. Source version: id_9d07e14e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=4. (a) After adopting the resolution ordering the formation of the school facilities improvement district, the governing board may provide for and call a special bond election within the school facilities improvement district pursuant to Chapter 1 (commencing with Section 15100) and, if applicable, pursuant to Chapter 1.5 (commencing with Section 15264), except as otherwise provided in this chapter, for the approval of a proposition of whether an indebtedness of the school facilities improvement district shall be incurred through the issuance of bonds for the school facilities improvement district. The election shall be deemed to be a school district or community college district election, as appropriate, for purposes of Chapter 1 (commencing with Section 15100). (b) The indebtedness and the bonds shall be payable from taxes to be levied and collected upon lands located within the school facilities improvement district. The bonds shall be deemed to be bonds of the school district or community college district that created the school facilities improvement district, issued for the benefit of the land within the school facilities improvement district. (Amended by Stats. 2007, Ch. 670, Sec. 23. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 4. General Provisions for Bond Elections [15340 - 15345] SECTION 15345. Source version: id_cdf4cb8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=4. Any qualified elector who is a resident of the territory of the school facilities improvement district may vote on the proposition of issuing bonds of the school facilities improvement district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 5. Issuance and Sale of Bonds [15350 - 15359.3] SECTION 15350. Source version: id_9d5b5880-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=5. (a) Except as otherwise provided in this chapter, bonds of a school facilities improvement district shall be authorized, offered for sale, issued and paid, and taxes levied and collected for payments related to those bonds, and the proceeds of the bonds and the collected taxes deposited and held, as provided in Chapter 1 (commencing with Section 15100), and in compliance with Chapter 1.5 (commencing with Section 15264), if applicable. (b) Whenever in Chapter 1 (commencing with Section 15100) or Chapter 1.5 (commencing with Section 15264) a reference is made to the bonds of the district, that reference shall mean, in the case of bonds of a school facilities improvement district, bonds authorized by the electors of the school facilities improvement district, and issued on behalf of the school facilities improvement district. (c) Whenever in Chapter 1 (commencing with Section 15100) or Chapter 1.5 (commencing with Section 15264) a reference is made to assessment or taxation of property in the district for payment of the bonds, that reference shall mean, in the case of bonds of a school facilities improvement district, the assessment and taxation of property located only within the school facilities improvement district for payment of amounts due related to bonds of the school facilities improvement district. (Repealed and added by Stats. 2007, Ch. 670, Sec. 35. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 5. Issuance and Sale of Bonds [15350 - 15359.3] SECTION 15352. Source version: id_cdf65242-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=5. The bonds shall be issued in the name of the school facilities improvement district and shall be designated “Bonds of the School Facilities Improvement District of the ____ School District” or “Bonds of the School Facilities Improvement District of the ____ Community College District” and each bond and all interest coupons shall state that the tax for the payment thereof shall be limited to annual taxes to be levied upon and collected from the lands within the school facilities improvement district. (Repealed and added by Stats. 1997, Ch. 893, Sec. 36. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 5. Issuance and Sale of Bonds [15350 - 15359.3] SECTION 15357. Source version: id_9daecfb2-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=5. (a) The board of supervisors shall establish within the county treasury a school facilities improvement fund for each school facilities improvement district for the purpose of depositing the proceeds of the bonds of the school facilities improvement district. The board of supervisors also shall establish within the county treasury a school facilities improvement bond interest and sinking fund for each school facilities improvement district. (b) Whenever in Chapter 1 (commencing with Section 15100) a reference is made to the interest and sinking fund of the district or the building fund of the district, that reference shall mean, in the case of bonds of a school facilities improvement district, the interest and sinking fund of the school facilities improvement district or the building fund of the school facilities improvement district, as appropriate. (Amended by Stats. 2007, Ch. 670, Sec. 41. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 2. Bonds of School Facilities Improvement Districts [15300 - 15425] ARTICLE 5. Issuance and Sale of Bonds [15350 - 15359.3] SECTION 15359.3. Source version: id_cdf95f96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=2.&article=5. The governing board of a school district or community college district may proceed pursuant to Chapter 1.5 (commencing with Section 15264) and subject to the requirements therein on behalf of a school facilities improvement district that is created by and under the exclusive authority of the school district or community college district under this chapter. (Added by Stats. 2001, Ch. 132, Sec. 6. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 3. Call and Redemption of State School Construction Bonds [15600- 15600.] SECTION 15600. Source version: id_ce0593e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=3.&article= The State School Building Finance Committee or other governmental body empowered to make a determination of whether any or all of the bonds authorized to be issued by the state, under legislation enacted following the effective date of this section, for the purpose of assisting local school districts in the acquisition of sites, the construction of school buildings and related facilities, and the purchase of furniture and equipment, may instruct the Treasurer to include in the bonds, or any of them, provisions permitting their call and redemption at the option of the state prior to their maturity and indicating the price at which such bonds shall be subject to redemption; and it shall be the duty of the Treasurer to comply therewith. No bonds shall be subject to call or redemption prior to maturity unless they contain a recital to that effect. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15700. Source version: id_ce0593ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to aid school districts of the state in providing necessary and adequate school sites and buildings for the pupils of the public school system, the system being a matter of general concern inasmuch as the education of the children of the state is an obligation and function of the state. In adopting this act, the Legislature considers that the great need in school construction is for adequate classrooms for the education of the pupils of the public school system. It is the intent of the Legislature to first satisfy this primary need to the greatest extent possible before providing additional educational facilities, regardless of how desirable such additional facilities may be. To the end that school classrooms may be made available at once and to all school districts in need of such classrooms, provisions for other needed school facilities is necessarily subordinated. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15701. Source version: id_ce071a8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. As used in this chapter: (a) “Board” means the State Allocation Board. (b) “Director” means the Director of Education for kindergarten and grades 1 to 12, inclusive. (c) “Project” means the purposes for which a school district has applied for an apportionment under this chapter. (d) “Grade level maintained by a district” means either of the following: (1) The kindergarten, if any, and grades 1 to 6, inclusive, or grades 1 to 8, inclusive, maintained by an elementary school district or a unified school district. (2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive, maintained by a high school district or unified school district. (e) “Apportionment” means an apportionment made under this chapter unless the context otherwise requires. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15702. Source version: id_ce071a91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The Director of General Services shall administer this chapter and shall provide any assistance to the board that it may require. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15703. Source version: id_ce071a93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The State Allocation Board is continued in existence for the purposes of this chapter. The members of the board and the Members of the Legislature meeting with the board in an advisory capacity shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid out of the Public School Building Loan Fund. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15704. Source version: id_ce071a95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The board by the adoption of rules shall give priority in allocating funds to districts to those districts where the children will benefit most from additional schoolhouse facilities. This priority shall be based on acuteness of overcrowding, on sudden growth in attendance, on amount of local tax funds expended for housing of a character within the purposes of this chapter, and on the time the district’s application has been ready for allotment. The board may make exceptions when it determines that it will be for the benefit of the children affected. In adopting rules the board may provide for the granting of priority points to govern the allocation according to the following schedule: (a) Two priority points may be granted for each percent of the latest computed average daily attendance of the district that is inadequately housed. The number of inadequately housed pupils is the latest computed average daily attendance of the district less the sum of both of the following: (1) Any classrooms up to a total of two, multiplied by 25. (2) Any classrooms in excess of two, multiplied by 33. The term “classrooms” for the purposes of this computation shall mean any school classrooms, temporary and permanent, determined by the State Department of Education to be safely usable. (b) One priority point may be granted for each 5 percent of the latest computed average daily attendance of the district that represents an increase over the average daily attendance for the fifth preceding school year. (c) One point of priority may be granted for each one-twentieth of 1 percent of the assessed valuation of the district, collected in taxes and expended for school housing within the scope of this chapter since July 1, 1944. Expenditure of the proceeds of the sale of bonds shall not be counted but expenditure for interest and retirement of bonds shall be counted. (d) Not more than one point of priority shall be allowed for each calendar month that the completed application of the district has awaited funds. If any computation of priority points made under this section results in a fraction of a point, that fraction shall be disregarded and the number of priority points shall be taken as the next lowest whole number. These priorities shall be recomputed at least semiannually when funds are available for allocation, on the respective periods of time next preceding the date of computation. The State Department of Education shall assist and cooperate with the board in determining priority ratings. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15705. Source version: id_ce071a97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. In addition to any other powers and duties as are granted the board by this chapter, the board shall do each of the following: (1) Establish any qualifications not in conflict with other provisions of this chapter that it deems will best serve the purposes of this chapter for determining the eligibility of school districts to apportionments of funds under this chapter. (2) Establish any procedures and policies in connection with the administration of, and the expenditure of funds made available for the purpose of, this chapter that it deems necessary and which are not in conflict with the powers and duties of the State Department of Education or of the director granted or imposed by this chapter. (3) Adopt any rules and regulations for the administration of this chapter, requiring any procedure, forms, and information, that it may deem necessary. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15706. Source version: id_ce071a99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Apportionment from the Public School Building Loan Fund to school districts shall be made in the manner and subject to the conditions herein provided and in accordance with policies adopted by the board, for all of the following purposes: (a) The purchase and improvement of schoolsites which have been approved by the State Department of Education. (b) The purchase of desks, tables, chairs, and built-in or fixed equipment, as listed in Part III of the California School Accounting Manual contained in the Bulletin of the California State Department of Education, Volume XIII, No. 2, June 1944, or as amended or revised. (c) The planning and construction, reconstruction, alteration of, and addition to, school buildings for any facilities that are approved by the State Department of Education as essential, all of which purposes are hereby declared to be, and are, public works. Where a district is required by a contract entered into between itself and a contractor, to obtain at its own expense insurance covering risks incurred during any construction, reconstruction or alteration for which an apportionment has been made, the costs thereof may be paid either directly, or by way of reimbursement, to the district out of the apportionment, or out of any apportionment made specifically covering the insurance. However, in other respects the apportionments are eligible for payment under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15707. Source version: id_ce08a13b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. In addition to the purposes for which apportionments may be made to school districts under Section 15706, apportionments may also be made to school districts for the construction, repair, attachment or development of offsite facilities, utilities or improvements which the board determines are necessary to the proper operation or functioning of the school facilities for which apportionments are made, all of which purposes are hereby declared to be, and are, public works. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15708. Source version: id_ce08a13d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. In making application for, and in expending, apportionments of funds under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. Upon the payment by the district of the amounts required to be paid by it to the state under this chapter the board shall, in the name of the state, convey the property to the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15709. Source version: id_ce08a13f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The board may require school districts to insure for the benefit of the state all sites, equipment, and buildings which are under Section 15708 the property of the state, against any risks and in any amounts that the board may deem necessary to protect the interests of the state. No state funds apportioned under this chapter shall be used to pay the premiums on said insurance. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15710. Source version: id_ce08a141-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Where a district is required by a contract entered into between itself and a general construction contractor to obtain, at its own expense, insurance covering risks incurred during any construction for which an apportionment has been made, the cost thereof may be paid directly to said district out of the Public School Building Loan Fund. It is the intent and purpose of this section to provide for reimbursement to school districts for any builders’ risk insurance that may have been furnished and paid for by the districts in connection with approved apportionments from the Public School Building Loan Fund from the time of the effective date of Chapter 1389 of the Statutes of 1949. The Legislature in adopting this section expressly recognizes that eligible school districts in making provision for builders’ risk insurance during the period of construction of new buildings has provided a saving for the taxpayers of the district, and also has reduced the amount which otherwise would have been paid out of the Public School Building Loan Fund to the district if the cost of the builders’ risk insurance had been borne by the contractor with the district. For this reason the Legislature hereby finds, determines, and declares that the adoption of this section having an effect retroactive to the effective date of Chapter 1389 of the Statutes of 1949 is therefore lawful, proper, and represents the saving of public funds for a lawful and public purpose. The Controller of the State of California is hereby authorized and directed to cancel and annul any claims or demands against the school district arising out of, or in any way connected with, claims for reimbursement from the school districts to the Public School Building Loan Fund arising out of the direct purchase of builders’ risk insurance on any construction by any school district under an approved application by the board. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15712. Source version: id_ce08a143-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Funds apportioned to a school district under this chapter for a project, remaining unencumbered or unexpended one year from the date the application of the district for the apportionment was approved, shall not be encumbered or expended except as provided in this section. The governing board of the district shall notify the board of its desire to encumber or expend the funds. The board shall immediately request the State Department of Education to, and the department shall, review the project for which apportionment was made. If the State Department of Education finds that the conditions existing at the time it approved the project for which the apportionment was made have so changed that the needs of the district are less than originally determined, it shall notify the board of its findings and of the respects in which the project should accordingly be modified. The board shall review the project and revise the project in any manner that it deems necessary, subject to the provisions of Section 15727, and make any changes in the purposes for which the apportionment may be expended that it deems necessary. The cost of the project as revised by the board shall be computed in the manner prescribed by Section 15713 and the excess, if any, of the amount theretofore apportioned to the district over the computed cost of the revised project shall be deducted by the board from the apportionment made to the district. The board shall give notice of its action, in writing, to the Controller, the governing board of the district, and the county auditor and the county treasurer having jurisdiction over the public school building fund of the district. If the amount of the excess, or any portion thereof, has not been paid to the district, the excess, or portion thereof, shall be made available for apportionment to other districts. If the excess, or portion thereof, has been paid to the district, it shall not be encumbered or expended by the district and shall become due and payable to the State of California. The governing board of the district and the county treasurer shall pay that amount to the Treasurer, out of the funds, and in the manner specified in Section 15752. The payment shall, on order of the Controller, be deposited in the Public School Building Loan Fund in the State Treasury. It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. This section does not authorize the board to increase any apportionment made to a district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15713. Source version: id_ce08a145-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Each school district which desires an apportionment for a grade level maintained by it, shall submit through its governing board to the board an application therefor in any form and number of copies that the board shall prescribe. Each copy of the application shall be accompanied by a statement of the estimated cost of the project certified by an architect or structural engineer, and by layout plans showing the entire project for which the district desires an apportionment. Estimates of cost for new construction appearing in an application shall not exceed typical current costs of comparable new construction by school districts in the same area not receiving or not eligible for apportionment under this chapter, as determined by the Director of General Services, or if there has been no new construction by districts in the area, the estimates of cost shall not exceed the reasonable current cost of similar construction in the area as determined by the Director of General Services. Immediately upon receipt of an application in the prescribed form accompanied by the required estimate of cost, a copy thereof shall be transmitted by the board to the director and to the Director of General Services. A district may at any time amend or supplement its application. The Director of General Services shall determine the school district’s financial ability to meet all or a portion of the cost of the project and the amount which the district can contribute toward the cost of the project out of its available funds, and shall submit his report thereon to the board. The directors shall as promptly as possible prepare a report and recommendation with respect to the application and refer the application, report, and recommendation to the Director of General Services, who shall, if he or she finds the documents to be in proper form and otherwise sufficient, refer them to the board. If the Director of General Services finds the documents to be lacking in any respect as to any matter which is subject to the jurisdiction or approval of the director or State Department of Education, he or she shall refer them to the director who shall take any action that may be necessary. The board shall, subject to the provisions of this chapter approve or reject each application referred to it by the Director of General Services. If the board approves of the application, either in whole or in part, it shall, by a resolution adopted by it, apportion to the district from the Public School Building Loan Fund the amount applied for, or any portion thereof that the board may deem appropriate. However, it may order that the apportionment or any part thereof shall be paid in progressive installments at the times and under the conditions that it may then prescribe. This shall be known as a conditional apportionment and shall become final only if the vote provided for in Section 15721 is favorable and if bonds are authorized and sold in the amounts prescribed by the board, and the proceeds of the bonds sold earmarked for the project as approved. The conditional apportionment shall remain effective for a period of nine months from the date of the resolution of the board, and if it does not become a final apportionment by the date, it shall become void and the money so apportioned shall become again available for apportionment pursuant to this chapter. The board may for any good cause that it shall determine, reduce the amount of, or modify any provisions relating to, any contribution required of a district under the terms of an apportionment, other than any contribution required of the district under Section 15721 from the sale of bonds. However, the board may not, without the consent of the district, increase the amount of any district contribution under the terms of an apportionment, in the absence of mistake arising from any source, or misrepresentation, concealment, or omission, on the part of the district, intentional or otherwise. The provisions of this paragraph shall be applicable to apportionments heretofore or hereafter made. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15714. Source version: id_ce08a147-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. When an apportionment has been made by the board to a school district the board may, upon application of the governing board of the district, authorize the governing board to transfer funds from other authorized purposes if more than one purpose has been authorized in the district by the board, or to make additional apportionments to the district, or both, if the board determines that additional apportionments or transfers are necessary to meet the actual cost of the specific school plant facilities or sites for which the original apportionment was made. An apportionment made under this section shall be final if the original apportionment has become final, otherwise it shall become final if and when the original apportionment becomes final. All provisions of this chapter shall apply to apportionments made under this section, except Sections 15713, 15721, 15722, 15725, and 15726 exclusive of the second paragraph of Section 15726 and any other provisions that may relate to application and eligibility for apportionments. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15715. Source version: id_ce0a27e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The board may approve, in whole or in part, an application submitted by a school district under Section 15713 and in the amount, not exceeding the amount applied for, that the board may deem appropriate. The board may, upon approval of the application, in whole or in part, and subsequently from time to time, make a conditional apportionment or conditional apportionments not exceeding in the aggregate the total amount determined by the board as aforesaid, to the applicant school district from the Public School Building Loan Fund for that portion or portions of the project that the board determines the district is ready to proceed with. If the board has approved an application and made an apportionment as to a portion or portions of a project, the board may approve the remaining portion or portions of the project and make an additional apportionment or apportionments within two years after the original approval without requiring a district to issue additional bonds. The total of the amounts of applications as approved by the board under this section shall not, when added to all amounts apportioned to school districts by the board under Section 15713, exceed 90 percent of the total amount of state school building bonds authorized to be issued and sold by Section 2 of Article XVI of the Constitution of the state. Except as otherwise provided in this section, all provisions of this chapter relating to apportionments shall apply to apportionments made under this section. Approval of an application under this section shall not be construed as creating or implying any obligation, commitment or promise on the part of the board or the state to make apportionments under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15716. Source version: id_ce0a27eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. If, after a conditional apportionment has been made to a school district, legal proceedings initiated prior or subsequent to the making of the conditional apportionment prevent the taking, within the period during which the conditional apportionment remains effective under Section 15713, of the actions necessary to permit the conditional apportionment to become final, the conditional apportionment shall nevertheless remain effective for a period of nine months from the date upon which the legal proceedings are finally determined. The amount of the apportionment may be diminished by the board after a second investigation at which the board shall determine whether conditions existing at the time it approved the project for which apportionment was made have so changed that the needs of the district are less than originally determined and if so the conditional apportionment shall be reduced by a corresponding amount. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15717. Source version: id_ce0a27ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. With respect to any apportionment made to a school district prior to December 26, 1950, the board may, on the application of the governing board of the district make additional apportionments to the school district for the purchase of the furniture authorized by Section 15706. An apportionment made under this section shall be final if the original apportionment has become final; otherwise it shall become final if and when the original apportionment becomes final. All provisions of this chapter shall apply to apportionments made under this section, except Sections 15713, 15721, 15722, 15725, and 15726, exclusive of the second paragraph of Section 15726, and any other provisions that may relate to applications and eligibility for apportionments. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15718. Source version: id_ce0a27ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The sum of two million dollars ($2,000,000) was by Chapter 13 of the Statutes of 1952 (First Extraordinary Session) made available from the Public School Building Loan Fund for apportionment by the board pursuant to this chapter, except as otherwise provided by this section and to be transferred by the Controller as needed into a separate account in the State School Building Fund which was created in the State Treasury. Apportionments made under this section shall be available as grants to those school districts to which apportionments have been made under this chapter, prior to April 1, 1952, and only for the amounts thereof as are in excess of the apportionments the voters of the districts voted to accept and repay under Sections 15721, 15722, and 15723. If and when the electors of districts receiving apportionments under this section, vote to accept and repay additional amounts under Sections 15721, 15722, and 15723, the board may make apportionments under other sections of this chapter in substitution in whole or in part of the grants made under this section. In the event the electors of the district fail to vote to accept and repay the additional amounts or if apportionments covering the amounts are not made under other sections of this chapter, beginning in September 1953, and annually for nine years thereafter, apportionments made to the districts from the State School Fund under Sections 46304, 46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, or any successor thereof, shall be reduced by an amount equivalent to one-tenth of the amount apportioned under this section. This section shall not be applied so as to reduce any average daily attendance apportionment below the constitutional minimum. During the year beginning September 1953, and each year thereafter in which the Controller determines that the apportionment of any district is to be reduced as herein provided, he or she shall deduct the total amount of the annual repayment of each district in equal amounts from each installment of the apportionments made to the district. The amount deducted shall, on order of the Controller, be transferred from the State School Building Fund to the General Fund at the time and for the purpose provided in Section 15903. Notwithstanding any other law, taxes in the districts shall be increased sufficiently to offset the amounts by which the average daily attendance apportionments are reduced under this section. The tax increases shall be made in the manner prescribed under Section 15742 of this chapter. Any amounts made available by this section which are not apportioned by June 30, 1953, and any recovery by substitution of apportionments made in accordance with this section shall be transferred to the Public School Building Loan Fund. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15719. Source version: id_ce0bae91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. No apportionment shall be made for new construction which when added to the area of adequate school construction existing in the applicant school district at the time of application, will provide a total area of school building construction per pupil of the estimated enrollment in excess of that computed under the following schedule: Type of school Enrollment Square feet per pupil Elementary school comprising kindergarten and grades 1 to 6, inclusive ........................ 300 or more 55 Elementary school comprising grades 7 and 8 ........................ 750 or more 75 Junior high school comprising grades 7 and 9, inclusive ........................ 750 or more 75 Junior high school comprising grades 7 to 10, inclusive ........................ 750 or more 75 High school comprising grades 7 to 12, inclusive ........................ 750 or more 80 High school comprising grades 9 to 12, inclusive ........................ 750 or more 80 High school comprising grades 10 to 12, inclusive ........................ 750 or more 80 The maximum total building areas per pupil allowed to applicants having schools with smaller estimated enrollments than shown in the above schedule shall be determined by the State Department of Education, and shall be building areas to provide comparable facilities to those enumerated above, and shall be the least building area required to house adequately the estimated enrollment and the normal instructional and other services. No estimate of enrollment made by an applicant for the purpose of justifying an apportionment shall be made for a longer time than the second fiscal year beyond the fiscal year in which an application is made, and in no case shall be given effect unless approved by the State Department of Education. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15721. Source version: id_ce0ebbd4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. No apportionment to a school district shall become final unless one of the following is satisfied: (a) The total amount of outstanding bonds of the district exceeds 95 percent of the maximum amount of bonds which the district could have had outstanding under any law on the date the conditional apportionment is made. (b) If the total amount of the bonds of the district outstanding and unpaid is less than 95 percent of the amount of the bonds permitted to be issued by the district, the amount of district bonds outstanding is within twenty-five thousand dollars ($25,000) of the total bond limit permitted, as of the date on which the conditional apportionment is made. At the time the board makes a conditional apportionment pursuant to Section 15713, it shall determine what portion of the total amount of bonds which a district is permitted to issue and sell by law shall be issued and sold by the district, the proceeds of which shall be applied toward the cost of the project for which the apportionment is sought. The portion so determined by the board shall be not less than the minimum amount required for the apportionment to become final under this section. Any apportionment made by the board pursuant to Section 15713 shall be conditioned upon the approval and sale of the bonds by the district. No apportionment to a district shall become final unless, at an election called by the governing board of the district, two-thirds of the qualified electors of the district voting thereat have authorized the governing board of the district to accept, expend, and repay, as provided in this chapter, an apportionment under the provisions of this chapter. The election shall be combined with and held at the same time as the bond election to authorize the amount of bonds required by the board, if any, and shall be called, held, and conducted in the same manner as are elections to authorize the issuance of district bonds, except that the ballot, in addition to the bond proposition, shall contain substantially the following words: “Shall the governing board of the ____ school district be authorized to accept and expend an apportionment in an amount not to exceed ____ dollars ($____) from the State of California under and subject to the provisions of Chapter 6 (commencing with Section 15700) of Part 10 of Division 1 of Title 1 of the Education Code which amount is subject to repayment as provided by said chapter? Yes __ No __.” (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15722. Source version: id_ce0ebbd6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Immediately after the result of the election has been determined, the county superintendent of schools shall make a certificate in duplicate stating whether the bonds have been authorized in the amount prescribed by the board and whether the school district has authorized the acceptance and expenditure of the apportionment. One copy of the certificate shall be sent to the board and one copy to the Controller. When the bonds authorized have been issued and sold and the proceeds thereof made available for the purposes of the application, the county superintendent of schools shall also certify this fact to the board and the Controller. Upon the receipt by the board of the certificate stating that the bonds have been issued and sold and the proceeds thereof made available for the purposes of the application, the apportionment shall become final. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15723. Source version: id_ce0ebbd8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The election by a school district upon the acceptance, expenditure, and repayment of an apportionment prescribed by Section 15721 may be called and held either before or after the making of an apportionment. All elections held prior to October 13, 1950, whether before or after the making of an apportionment, are hereby validated and confirmed if otherwise called and held pursuant to law. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15724. Source version: id_ce0ebbda-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Whenever a conditional apportionment has been made, and the county auditor has inadvertently and erroneously included in his certification of the outstanding bonded indebtedness of the school district the bonded indebtedness of another school district having the same, or substantially the same, boundaries, which bonded indebtedness is less than 2 percent of the total amount of the total bonded indebtedness certified, and thereafter an election upon the issuance of new bonds in the amount required by the board has been had and the vote thereon has been in favor of the issuance of the bonds, and the board has certified to the Controller that the apportionment to the district has become final, the final apportionment is hereby confirmed, ratified, and validated, and any expenditure of money from the Public School Building Loan Fund according to the terms of the final apportionment is hereby confirmed, ratified, and validated. Any bonds erroneously certified, however, shall not be taken into consideration in making the computation required by Section 15721. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15725. Source version: id_ce10427c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. No apportionment shall be made to a school district for any grade level if the estimated cost of the project, as approved by the Director of General Services, is (1) an amount which would result in an apportionment to the district exceeding the amount authorized at the district election held under Section 15721, or (2) an amount which if raised by the issuance and sale of bonds of the district running for 25 years bearing the current going rate of interest as determined by the board and the principal of which is payable in 25 equal annual payments, would require the levy of a tax under Section 15250 upon property in the district which would, when added to the tax actually being levied upon property in the district for the grade level as determined by the Director of General Services under that section, amount to less than thirty cents ($0.30) on each one hundred dollars ($100) of assessed valuation of property in the district during the next fiscal year. Beginning in 1981–82, the amount shall be the levy of a tax which would amount to less than 0.075 percent of full valuation of property in the district during the next fiscal year. At the time the board makes an apportionment, it shall, with the approval of the Director of General Services, fix the interest to be paid by the district on the sum apportioned to it at a rate equal to the effective rate paid by the state upon the bonds sold from the proceeds of which the apportionment is made, giving effect to the price at which the bonds are sold and the premium, if any, paid thereon, adjusted to the next highest one-eighth of 1 percent, to cover the cost of sale and issuance of the bonds and costs of administration, to be compounded annually through the 30th day of June of each year. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15726. Source version: id_ce10427e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. As used in Section 15725 of the Education Code, the phrase “adjusted to the next highest one-eighth of 1 percent” means “increased by a full one-eighth of 1 percent.” It is hereby declared that this construction is not intended as a change in the present law, but as a declaration of the existing law, and shall apply to any interest rate heretofore or hereafter fixed by the board under said section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15727. Source version: id_ce104280-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. No apportionment shall be made to a district for the construction, reconstruction, or alteration of, or addition to, school buildings if the requirements prescribed by this code for the construction of school buildings are not met by the plans for the entire building program of the district in connection with which the district applied for an apportionment or for any project or part thereof which has not been approved by the State Department of Education. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15728. Source version: id_ce104282-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Each district to which an apportionment has been made under this chapter shall repay the principal amount of the apportionment and the accrued interest thereon in the amount and in the manner hereinafter provided in this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15729. Source version: id_ce104284-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The following definitions apply to the computations and determinations required to be made under Sections 15730, 15732, and 15733, and they apply with respect to each grade level of a district for which grade level an apportionment has become final during any preceding fiscal year. (a) “Forty-cent tax amount” means the amount that would be produced by a tax of forty cents ($0.40) on each one hundred dollars ($100) of assessed valuation, to and including 1980–81 fiscal year. For the 1981–82 fiscal year and thereafter, the tax shall be 0.10 percent of the full valuation. This tax amount shall exclude the assessed valuation of solvent credits and other intangible property, for the current fiscal year within the district; (b) “Thirty-cent tax amount” means the amount that would be produced by a tax of thirty cents ($0.30) on each one hundred dollars ($100) of such assessed valuation to and including the 1980–81 fiscal year. For 1981–82 and thereafter, the tax shall be 0.075 percent of such full valuation: and (c) “Ten-cent tax amount” means the amount that would be produced by a tax of ten cents ($0.10) on each one hundred dollars ($100) of such assessed valuation to and including the 1980–81 fiscal year. For the 1981–82 fiscal year and thereafter, the tax shall be 0.025 percent of the full value. (d) “Eligible bonded debt service” means the amount raised and to be raised by the district during the current fiscal year for the repayment of principal and interest on the portion of the bonded indebtedness of the district that was incurred for each such grade level prior to the date of the first final apportionment for any grade level to the district under this chapter, computed as provided in Section 15730. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15730. Source version: id_ce104286-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. On or before the first day of December of each fiscal year, the Director of General Services shall determine for each grade level and certify to the Controller the eligible bonded debt service for the district, as follows: (a) He or she shall determine the amount of the bonded indebtedness that was incurred by the district for each grade level, when bonds were issued and sold for purposes of more than one grade level. When one or more additional apportionments have been made to a grade level of a district, conditioned upon the issuance and sale of additional bonds of the district, the Director of General Services shall determine and include in the eligible bonded debt service and in his or her certificate the amount raised and to be raised by the district during the current fiscal year for the payment of principal and interest on that portion of the additional bonded indebtedness of the district that was incurred for each grade level as a condition to receiving the additional apportionment. (b) If the Director of General Services determines in any fiscal year that the amount certified to the Controller as the eligible bonded debt service during the last preceding fiscal year is more than the amount actually raised by the district for the repayment of principal and interest of the bonded indebtedness referred to in subdivision (d) of Section 15729 and subdivision (a) of this section, then the Director of General Services shall subtract from the amount determined as the eligible bonded debt service for the current fiscal year an amount equal to the difference between the amount actually raised by the district during the preceding fiscal year for the repayment of the bonded indebtedness and the amount so certified by the Director of General Services. (c) If the Director of General Services determines in any fiscal year that the amount certified to the Controller as the eligible bonded debt service during the last preceding fiscal year is less than the amount actually raised by the district for the repayment of principal and interest of the bonded indebtedness referred to in subdivision (d) of Section 15729 and subdivision (a) of this section, then the Director of General Services shall add to the amount determined as the eligible bonded debt service for the current fiscal year an amount equal to the difference between the amount actually raised by the district during the preceding fiscal year for the repayment of the bonded indebtedness and the amount so certified by the Director of General Services. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15731. Source version: id_ce104288-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Notwithstanding any other provisions of this chapter, a school district otherwise eligible to receive a conditional apportionment under Chapter 8 (commencing with Section 16000) of this part may apply for an adjustment of annual repayment obligations under this chapter. The board may require any information that is necessary to determine the number of units of estimated average daily attendance for which the district would have been eligible to construct school facilities under this chapter, if the conditional apportionment had been made and had become final. The units shall be known as “eligible attendance units.” The board shall then determine an “eligible facilities cost” by multiplying the number of the eligible attendance units by the average cost of housing elementary or high school pupils as set forth in the latest report to the Legislature required under Section 16098. In any fiscal year in which the school district is, in the judgment of the board, operating sufficient year-round classes to provide housing for the eligible attendance units, the Director of General Services shall add to the amount which he or she is required to certify to the Controller under Section 15730 an amount equal to one-twentieth of such eligible facilities costs. The additional amount so certified shall be considered for all purposes of this article as eligible bonded debt service. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15732. Source version: id_ce11c92a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. On or before the first day of January of each fiscal year, the Controller shall compute for each grade level of a district for which grade level an apportionment has become final during any preceding fiscal year the 40-cent tax amount, the 30-cent tax amount and the 10-cent tax amount. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15733. Source version: id_ce11c92c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. On or before the first day of January of each fiscal year the Controller shall determine the annual repayment, if any, to be due from each district during the next succeeding fiscal year, as follows: (a) If, for any grade level of a district, the amount of the eligible bonded debt service exceeds the 40 cents ($0.40) tax amount, no annual repayment shall be due the state from the district with respect to the grade level during the next succeeding fiscal year. (b) If, for any grade level of a district, the 40 cents ($0.40) tax amount is greater than the eligible bonded debt service, the amount of the excess shall constitute the annual repayment due the state with respect to the grade level during the next succeeding fiscal year. However, if the eligible bonded debt service is less than the 10 cents ($0.10) tax amount, the annual repayment shall equal the 30 cents ($0.30) tax amount. (c) The total repayment from each district is the sum of the annual repayments determined for each grade level of the district under this section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15734. Source version: id_ce11c92e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Notwithstanding any other provision of this chapter, and regardless of how many apportionments are made to a grade level of a school district under the provisions of this chapter, the total annual repayment for the grade level during any fiscal year, covering all the apportionments, shall not exceed the amount that would be computed under Sections 15729 to 15735, inclusive, for any one of the apportionments. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15735. Source version: id_ce11c930-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The Controller shall, during the next fiscal year following that in which he or she determines the annual repayment as herein provided, deduct the total amount of the annual repayment of each district in equal amounts from each of the February, March, April, and May installments of the apportionments made to the district from the State School Fund under Sections 46304, 46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, and, on order of the Controller, the amount so deducted shall be transferred to the Public School Building Loan Fund. All money transferred to the Public School Building Loan Fund under this section shall be available only for transfer to the General Fund under Section 15903. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15736. Source version: id_ce11c932-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Notwithstanding any provision of law to the contrary, whenever in any fiscal year, pursuant to Chapter 5, Part 9, Division 1 of the Revenue and Taxation Code, a refund is made or a judgment rendered, as the case may be, for the return of an amount collected as school district taxes levied during a previous year upon secured or unsecured personal property, because it was determined that the property was exempt from taxation, and the property so determined to be exempt equals 1 percent, or more, of the assessed valuation in the school district upon which school district taxes for the previous year were levied, the Controller shall reduce the annual repayment of the district and the amount deducted from the State School Fund apportionment of the district for the fiscal year next succeeding that in which the refund was made or judgment rendered, by that amount by which the annual repayment and deduction of the district would have been reduced for the fiscal year next succeeding that in which the taxes were levied had the assessed valuation upon which the annual repayment was computed not included an amount of assessed valuation equal to the amount of assessed valuation of the property so determined to be exempt. The amount of annual repayment and deduction, reduced as required by this section, shall be the amount deducted by the Controller for the purposes of Sections 15735, 15741, and 15742 for the fiscal year in which the reduction is made. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15737. Source version: id_ce11c934-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. (a) Upon request of the district, the Controller shall use in computing the “40-cent, 30-cent, and 10-cent tax amounts” under Section 15732 the difference between the total assessed valuation of property in a district as shown on the equalized assessment roll for the current fiscal year and the assessed valuation of property as shown on the equalized assessment roll for the current fiscal year, in excess of 2 percent of the total assessed valuation, with respect to which revenues of the district taxes levied in the 1954–1955 fiscal year, or thereafter, have been impounded by the county auditor pursuant to Section 14240. Beginning with the 1981–82 fiscal year, the amount in excess of 0.5 percent of the total assessed valuation shall be used in the computation. If the request is received prior to August 1, 1955, with respect to the impounding of revenues of taxes levied during the 1954–1955 fiscal year, the Controller shall recompute the annual repayment of the district due during the 1955–1956 fiscal year on the basis of the reduced assessed valuation, and, on or before September 1, 1955, notify the officers and board referred to in Section 15741 of the recomputed annual repayment for the 1955–1956 fiscal year, and of the recomputed amount to be deducted from the State School Fund apportionment to the district during the 1955–1956 fiscal year. (b) Whenever, after July 1, 1955, the county auditor notifies the Superintendent of Public Instruction and the Controller of the release of impounded tax revenues to the school district, the Controller shall add to the annual repayment of the district, for the first fiscal year or second fiscal year next succeeding that in which the notification of release was made, that amount by which the annual repayment of the district for a previous fiscal year was reduced by reason of the exclusion of assessed valuation with respect to tax revenues impounded and thereafter released. (c) The amount of annual repayment and deduction, increased or reduced as required by this section, shall be the amount deducted by the Controller for the purposes of Sections 15735, 15741, and 15742 for the fiscal year in which the increase or reduction occurs. (d) If a request is received from a school district and an annual repayment reduced pursuant to subdivision (a), Section 15736 shall not apply with respect to any tax revenues to which subdivision (a) applies. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15738. Source version: id_ce134fd6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The Controller shall make the deduction provided by Section 15735 during each fiscal year, as herein provided, until the principal amount of the apportionment made to the district for the grade level, and all accrued interest due thereon, has been withheld; but no interest shall accrue or become due and payable to the state with respect to the principal amount of any apportionment after the expiration of 25 years from the first day of July of the fiscal year next succeeding the date of the warrant issued by the Controller covering the payment to the county treasurer of each portion of the apportionment. At the expiration of 30 years from the first day of July of the fiscal year next succeeding the date of the warrant issued by the Controller covering the payment to the county treasurer of each portion of the apportionment, any unpaid balance of the principal amount of the apportionment, including all interest included in the principal amount, shall be canceled on the books of the Controller, and the state shall have no further right to the repayment of the unpaid balance. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15739. Source version: id_ce134fd8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The Controller shall certify to the board the cancellation of the unpaid balance of the principal amount of the apportionment. Upon receipt of the certification, the board shall, in the name of the state, convey to the district all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to, from moneys provided by the apportionment covered by the cancellation. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15740. Source version: id_ce134fda-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The Controller shall determine and maintain a record of the amount due the state in connection with each apportionment made to each grade level of a district under this chapter. He or she shall compute interest on the original amount of the apportionment at the rate fixed by the board, from the date of issuance of the Controller’s warrant covering the payment to the county treasurer of any portion of the apportionment until the first day of July of the fiscal year next succeeding that in which the warrant was issued. Thereafter, interest shall accrue to and be compounded as a part of the principal amount due the state pursuant to the apportionment through the 30th day of the following June of each year, until the principal and interest have been paid, or until the interest ceases to accrue, as provided in this chapter. Interest on unpaid school building aid apportionments shall be computed as if the annual repayment were credited on the first day of July of the fiscal year in which the repayment is withheld. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15741. Source version: id_ce14d67c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Upon computing in any fiscal year the amount to be deducted from the apportionments to the district from the State School Fund during the succeeding fiscal year, the Controller shall notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of the amount to be deducted. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15742. Source version: id_ce14d67e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The board of supervisors of the county, the county superintendent of which has jurisdiction over any district which under this chapter will have moneys withheld by the Controller from the apportionments to be made to it from the State School Fund during any fiscal year, shall annually at the time the board of supervisors makes the levy of taxes for county purposes, levy a tax upon the property in the district sufficient to raise for the district the amount of money to be withheld by the Controller during the fiscal year in which the tax is levied. The tax, when collected, shall be paid into the county treasury of the county, the county superintendent of schools of which has jurisdiction over the district for which the tax was levied, to the credit of the general fund of the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15743. Source version: id_ce14d680-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The board shall prescribe in the detail that it deems necessary, the purposes for which moneys apportioned by it or which it requires the district to contribute toward, or in reduction of the cost of a project, may be expended, and the prescription shall be binding upon the governing board of the district, save as it may be changed or modified by the board for any cause that it sees fit. In determining funds which can be contributed by the district, the board may require the district to contribute unexpended balances of funds earmarked or encumbered by the district for furniture, equipment, or any other lawful purpose. However, the changes or substitutions in the purposes for which the funds were earmarked or encumbered, with respect to the requirement under any apportionment heretofore or hereafter made, may be authorized by the board, or pursuant to its delegation, by the Director of General Services. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15744. Source version: id_ce14d682-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Unless the board has received the certificates of the county superintendent of schools required by Section 15722 within nine months from the date of the conditional apportionment, it shall, at the expiration of the nine-month period, void the conditional apportionment and shall certify this fact to the Controller. Each final apportionment made by the board under this chapter shall be certified by it to the Controller who shall from time to time draw his or her warrant on the Treasurer in favor of the county treasurer of the county having jurisdiction over the district in accordance with the terms of the final apportionment. The warrant shall be exempt from the provisions of Division 4 of Title 2 of the Government Code and shall be paid by the Treasurer from the Public School Building Loan Fund. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15745. Source version: id_ce14d684-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. A public school building fund is hereby created in the county treasury in each county for each school district in the county. The county treasurer of each county shall pay into the public school building fund of each district, exactly as apportioned by the board, all moneys received by him or her under this chapter with respect to that district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15746. Source version: id_ce14d686-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The governing board of each school district to which an apportionment is made under this chapter is authorized to, and shall, transfer to the public school building fund of the district from all other funds of the district in which the moneys may be, all moneys of the district which under, or pursuant to, this chapter are required to be expended for the project for which the apportionment was made. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15747. Source version: id_ce14d688-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. A fund in the State Treasury is hereby created, to be known as the Public School Building Loan Fund. All money in the Public School Building Loan Fund, including any money deposited in the fund from any source whatsoever after July 29, 1949, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to apportionments made under the provisions of this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15748. Source version: id_ce165d2a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Notwithstanding any provision of law to the contrary, the State Allocation Board may from time to time by appropriate resolution order the transfer from the Public School Building Loan Fund to the State School Building Aid Fund of any amounts therein which it deems no longer desirable to retain for the purposes of this chapter and Sections 15900 to 15909, inclusive. Nothing herein shall be deemed to apply to any moneys heretofore or hereafter deposited in the Public School Building Loan Fund by virtue of Sections 15735 and 15907, and former Section 5107 as added by Chapter 922 of the Statutes of 1949, and as subsequently amended; or to any moneys appropriated from the Public School Building Loan Fund by virtue of the Budget Acts of 1954 and 1955, and which remain available for expenditure. Upon such order or orders the Controller shall make appropriate transfers, and any sums so transferred shall be available for apportionment in the same manner as other moneys in the State School Building Aid Fund, except that to the amount available for apportionment on the fifth day of each month pursuant to Section 16409, there shall be added any amount transferred to the State School Building Aid Fund by virtue of this paragraph prior to the fifth day of the preceding month. Notwithstanding the provisions of Section 15904, after July 7, 1955, there shall be no further transfers to the General Fund from the Public School Building Loan Fund of any amounts deposited therein by virtue of Sections 15752, 15753, and 15754. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15749. Source version: id_ce165d2c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. The governing board of each school district to which an apportionment has been made under this chapter shall expend the moneys in the public school building fund of the district exactly as apportioned by the board and only for the purposes for which the moneys were apportioned to the district, and for no other purpose, and shall make the reports relating to the expenditure of the moneys that the board and the Controller shall require. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15751. Source version: id_ce165d2e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. It shall be the duty of the Controller to make the audit or audits of the books and records of counties and school districts receiving apportionments under this chapter, as he or she may deem necessary from time to time, for the purpose of determining that the money received by school districts as apportionments hereunder has been expended for the purposes and under the conditions authorized by this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15752. Source version: id_ce165d30-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Whenever the Controller determines that any money apportioned to a school district has been expended by the school district for purposes not authorized by this chapter, or exceeds the final cost of the project which is authorized by this chapter to be paid therefrom, the Controller shall furnish written notice to the board, the governing board of the school district, the county superintendent of schools, the county auditor, and the county treasurer of the county whose county superintendent of schools has jurisdiction over the school district, directing the school district and the county treasurer to pay into the State Treasury the amount of the unauthorized expenditures, or the amount of the excess apportionment, as the case may be. Upon receipt of the notice, the governing board shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. That amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the Public School Building Loan Fund. It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. If, upon petition of the district, the Controller determines that the amount is in excess of the amount that may be paid out of taxes levied at the maximum rate increased by any increase in the rate authorized by the electors of the district pursuant to Section 42202, without impairing essential district services, he or she may provide for the payment of the entire amount or any unpaid balance thereof in not exceeding three consecutive annual payments, commencing with the next school year. Each payment shall be an equal portion of the principal amount, plus accrued interest, and shall be paid not later than January 31st of each school year in which a payment is due. If the district fails to make the payment as specified, the Controller shall deduct the amount thereof from the February payment made to the district under Section 14041. Deferred payments under this section shall bear interest at the same annual rate of interest as the apportionment from which the unauthorized expenditures or the amounts of excess apportionment were made. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15753. Source version: id_ce165d32-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Any portion of an apportionment paid to a school district under this chapter shall be available for expenditure by its governing board for not less than one year nor more than three years, as the board shall determine, after the date on which the warrant covering the portion of the apportionment was issued by the Controller. For the purposes of this chapter, an apportionment shall be deemed to be expended at the time and to the extent that the amount thereof on deposit in the county treasury has been encumbered by the creation of a valid obligation on the part of the school district. Upon the expiration of its period of availability, the unencumbered balance of any apportionment made under this chapter shall become due and payable to the State of California; and the governing board of the school district and the county treasurer shall pay the amount of the unencumbered balance to the Treasurer, out of the funds, and in the manner specified in Section 15752. The payment shall, on order of the Controller, be deposited in the Public School Building Loan Fund in the State Treasury. It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 1. General Provisions [15700 - 15754] SECTION 15754. Source version: id_ce165d34-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=1. Whenever a school district receives an apportionment under this chapter for the purchase or improvement of a school building site and within a period of five years after the date on which the warrant covering the appropriate portion or portions of the apportionment was drawn on the State Treasurer from the Public School Building Loan Fund, (1) sells or otherwise disposes of the site or the improvements thereon, or any portion thereof, purchased or improved in whole or in part from the apportionment, or (2) within not less than one year nor more than five years, as the board shall determine, does not begin to use the site or the improvements thereon for the purpose or purposes for which the apportionment was made, the board shall make the determinations and take the action with respect thereto as it may deem necessary. If the board determines that the district has (1) sold or otherwise disposed of the site or the improvements thereon, or any portion thereof, or (2) has not used the site for the purpose for which the apportionment was made, it shall demand the return of the apportionment or the portion thereof that it deems proper. Written notice of the demand, setting forth the amount due the state pursuant thereto, shall be furnished by the board to the governing board of the school district, the county superintendent of schools, the county auditor, the county treasurer of the county whose county has jurisdiction over the school district, and the Controller. Upon receipt of the notice and demand, the governing board of the school district shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the Public School Building Loan Fund. It shall be the duty of the governing board and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15780. Source version: id_ce17e3d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. (a) As used in this article: (1) “State-aided district” means a district to which a conditional or final apportionment has been made under this chapter. (2) “Acquiring district” means a district in which all, or a part of, a state-aided district or an applicant district has been included. (b) Except as otherwise provided in Section 15788, the effective date for the purposes of this article of any change of boundaries or annexation or other inclusion affecting a school district shall be the date the action became effective for the purposes of Section 4002. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15781. Source version: id_ce196a7a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. When a district has received conditional apportionments which have become final under this chapter, and there is a unification of the district prior to December 31, 1952, within the meaning of Section 4320, with another district having the same boundaries, the effective date of the unification for the purpose of the first district receiving additional apportionments pursuant to the terms of Section 15714 shall be July 1, 1953. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15782. Source version: id_ce196a7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever, prior to the date on which a conditional apportionment is made by the board to an applicant district, (1) if an applicant district is annexed to or otherwise included in whole in another district which is ineligible for an apportionment under this chapter, no apportionment shall be made to the applicant district; (2) if less than the whole of an applicant district is included in a district which is ineligible for an apportionment under this chapter, the board may reconsider the application of the applicant district and make the determinations and take the action with respect thereto, including the making, subject to Article 1 of this chapter, of a conditional apportionment to the district, as the board may deem necessary because of the inclusion of less than the whole of the applicant district in the acquiring district; (3) if an applicant district is annexed to or otherwise included in whole or in part in a district which is eligible for an apportionment under this chapter and has made or does make an application for the apportionment, the board may reconsider the applications of the applicant district and the acquiring district and make such determinations and take such action with respect thereto, including the making, subject to the provisions of Article 1 (commencing with Section 15700) of this chapter, of conditional apportionments to districts, that the board may deem necessary because of the annexation or other inclusion in the acquiring district of the applicant district in whole or in part. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15783. Source version: id_ce196a7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever, subsequent to the date on which a conditional apportionment is made by the board to an applicant district, but prior to the date on which the conditional apportionment becomes final, (1) if an applicant district is annexed to or otherwise included in whole in a district which is not eligible for an apportionment under this chapter, the conditional apportionment shall, notwithstanding any other provisions of this chapter, become void and the board shall promptly notify the Controller in writing thereof and the date on which the apportionment became void; (2) if the district to which an applicant district is annexed or in which it is otherwise included in whole is eligible for an apportionment, has made or does make an application for an apportionment under this chapter, the conditional apportionment made to the applicant district shall, notwithstanding any other provisions of this chapter, become void but the board may reconsider the application of the acquiring district and make determinations and take action with respect thereto, including the making, subject to the provisions of Article 1 (commencing with Section 15700) of this chapter except as hereinafter provided, of additional conditional apportionments to the acquiring district, as the board may deem necessary as a result of the annexation or other inclusion in the acquiring district of the applicant district; (3) if less than the whole of an applicant district is included in another district, the conditional apportionment shall, notwithstanding any other provisions of this chapter become void, but the board may reconsider the application and make such determinations and take such actions with respect thereto, including the making, subject to the provisions of Article 1 (commencing with Section 15700) of this chapter except as hereinafter provided, of new conditional apportionments to the applicant district, as the board may deem necessary as a result of such inclusion of a portion of the applicant district in the acquiring district. Notwithstanding anything in the first sentence of Section 15721 to the contrary, additional conditional apportionments made to a district under (2), or new conditional apportionments made to a district under (3) of the first paragraph of this section may, with the approval of the board, become final if the total amount of the bonds of the district outstanding and unpaid is within ten thousand dollars ($10,000) of the amount required under Section 15721. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15784. Source version: id_ce196a80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever, prior to the date on which conditional apportionments have been made to an applicant district for the full amount of state aid approved for the district under Section 15715, (1) if the applicant district is annexed to or otherwise included in whole in another district which is ineligible for an apportionment under this chapter, no further apportionment shall be made to the applicant district; (2) if the applicant district is annexed to or otherwise included in whole in a district which is eligible for an apportionment under this chapter and which has made or does make an application for an apportionment, the board may reconsider the applications of the applicant district and the acquiring district and make determinations and take any action with respect thereto, including the making, subject to Article 1 (commencing with Section 15700) of this chapter, of a conditional apportionment or apportionments to the acquiring district that the board may deem necessary because of such annexation or other inclusion in the acquiring district of the applicant district; (3) if a portion of the applicant district is annexed to or otherwise included in another district, the board may reconsider the application of the applicant district and may, within two years after the first apportionment made under the approval, make additional apportionments that it sees fit to the applicant district, but not in excess of the amount in which the application was originally approved, without requiring the district to issue additional bonds. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15785. Source version: id_ce1af122-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Notwithstanding, and in lieu of, any provisions of this chapter to the contrary, excepting Section 15725 if during the fiscal year 1950–1951, or any subsequent fiscal year, a conditional apportionment is or has been made to a district, hereinafter referred to as the original district, and if the original district (1) holds or has held all elections required by Section 15721, and (2) before the apportionment becomes final is or has been annexed to or included in whole in another district, hereinafter referred to as the acquiring district, which had prior thereto received its first final apportionment under this chapter during the same fiscal year, and (3) after the inclusion or annexation sells or has sold the bonds authorized by the aforesaid elections, the board may approve any application by the governing board of the acquiring district and make an apportionment, or apportionments, for any project for which the original district would have been eligible under this chapter had such inclusion not taken place. No apportionment shall be made to the acquiring district under this section unless the proceeds of the bonds which the board required the original district to sell are available for and will be contributed toward the cost of the approved project. Any apportionment made to the acquiring district under this section shall become final when made. The computations provided in Sections 15729, 15730, and 15733 with respect to apportionments made under this section shall be made exactly as though the acquiring school district was comprised only of the original school district. Any rate or amount of tax levied pursuant to or under the authority of Sections 14204 and 15742, or any other provision of law, for the purpose of producing the amount or any part thereof deducted by the Controller with respect to apportionments made under this section, during any fiscal year under Sections 15735 and 15738 from apportionments to the acquiring district from the State School Fund shall be levied only on property in the original school district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15786. Source version: id_ce1af124-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever, subsequent to the date when a conditional apportionment is made to a district and before the conditional apportionment becomes final the boundaries of the district are changed so that the territory of the district is reduced by not to exceed 1 percent of the assessed valuation of the district, as determined by the last equalized assessment roll immediately preceding the effective date of the change of boundaries, and the superintendent of schools of the county having jurisdiction over the district has failed to file the certificate required by Section 15795, showing the change of boundaries, and prior to April 15, 1952, the board has certified to the Controller that the apportionment made to the district has become final, the final apportionment is hereby confirmed, ratified, and validated, and any expenditure of money from the Public School Building Loan Fund according to the terms of the final apportionment is hereby confirmed, ratified, and validated. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15787. Source version: id_ce1af126-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Notwithstanding any provision of law to the contrary, whenever a conditional apportionment has been made to an elementary school district pursuant to Section 15714 prior to August 1, 1951, and the school district has subsequently voted to become a part of a union school district before the school district has voted to accept and repay an amount sufficient to include both said entire apportionment made pursuant to Section 15714, and all other apportionments made to the school district by the board prior to August 1, 1951, the elementary school district is continued in existence until September 1, 1953, for the purpose of (1) receiving any apportionment made to said district subsequent to August 1, 1951, under Section 15718, as if the elementary district had not voted to unionize with another school district, and (2) for the purpose of voting upon the acceptance and repayment of the apportionment mentioned in (1) or any other apportionment made to the district by the board subsequent to August 1, 1951. If any elementary school district so described above shall vote, prior to September 1, 1953, to accept and repay any apportionment above mentioned (except of any apportionment made under Section 15718), the apportionment shall thereupon become final. Repayment of any apportionment referred to in this section shall be made by the elementary district pursuant to the applicable provisions of this chapter as if no change in boundaries had been made in the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15788. Source version: id_ce1af128-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever, subsequent to the date on which a conditional apportionment made to a district becomes final, the state-aided district is included in whole in another district, the acquiring district shall, on the effective date of the inclusion, succeed to and be vested with all of the duties, powers, purposes, jurisdiction, and responsibilities of the state-aided district with respect to the apportionment and the property acquired or to be acquired from funds provided thereby, and all funds in the public school building fund of the state-aided district shall be transferred to the public school building fund of the acquiring district. All amounts which would, after the effective date of the inclusion, have been otherwise paid to the state-aided district under the terms of or pursuant to the apportionment, shall be paid to the acquiring district. In addition, the acquiring district shall, on the effective date of the inclusion of the state-aided district in the acquiring district as fixed by Section 4000, become liable for the annual repayments and other payments due the state under this chapter with respect to the apportionment or the property acquired or to be acquired therewith. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15789. Source version: id_ce1af12a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever one or more state-aided districts are included in whole in an acquiring district, and the acquiring district applies for and receives an apportionment, then after the effective date of the inclusion and upon the approval of the application of the acquiring district, the governing board of each component state-aided district shall immediately transfer to the acquiring district all moneys of the component district which are required to be, or have been, earmarked for a project or projects of the district. The acquiring district, upon the transfer to it of the funds, may expend the funds for any projects of the acquiring district as to which its application was approved. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15790. Source version: id_ce1af12c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever, subsequent to the date on which a conditional apportionment made to a state-aided district becomes final, less than all of such district is included in another district, the Director of General Services shall determine what portion of the apportionment was expended or will be expended for property acquired or to be acquired by the acquiring district. Any determination made by the Director of General Services under this section may be redetermined by him or her, from time to time, until the project for which the apportionment was made has been completed, and the final cost thereof determined and the final determination has been made pursuant to the final cost. The Director of General Services shall promptly notify the Controller, the governing board of the state-aided district and of the acquiring district, the superintendent of schools, the auditor, and the treasurer of the counties having jurisdiction over said districts of each determination and redetermination made by him or her under this section. No redetermination shall be retroactive nor affect the liability of any school district for any payment or annual repayment, or portion thereof, previously made by or on behalf of such district to the state under the provisions of this chapter. On and after the date of the change of boundaries, the acquiring district succeeds to and is vested with all of the duties, powers, purposes, jurisdiction, and responsibilities of the state-aided district with respect to that portion of the apportionment which the Director of General Services has determined or redetermined under this section was expended, or will be expended, for property acquired or to be acquired by the acquiring district, and the unexpended part of the portion of the apportionment in the public school building fund of the state-aided district shall be transferred to the public school building fund of the acquiring district. In addition, and at the same time, the acquiring district shall become liable for the payment to the state of that portion of the annual repayment and all other payments due the state under the provisions of this chapter with respect to that portion of the apportionment which the Director of General Services has determined or redetermined was expended, or will be expended for property acquired, or to be acquired by the acquiring district, or, in the event a portion of the apportionment is a lower percentage of the apportionment than the percentage that the assessed valuation in the territory of the state-aided district which was transferred to the acquiring district is of the total assessed valuation of the state-aided district immediately preceding the effective date of the transfer, the acquiring district shall become liable for the payment to the state of that percentage of the annual repayment and all other repayments due to the state under provisions of this chapter with respect to the apportionment which is equal to the percentage of assessed valuation in the territory transferred to the acquiring district. Notwithstanding the foregoing, the liability of the acquiring district for the repayment of any portion of the apportionment made to the state-aided district shall not exceed the product of the highest percentage referred to above (whether relating to assessed valuation or to the portion of the apportionment expended in the property acquired), multiplied by the balance due on the apportionment made to the state-aided district at the time of the withdrawal on the effective date specified in Section 4064 of the territory referred to. The limited liability is hereinafter referred to as “the maximum.” It is the intent of the Legislature that the maximum shall be applied by the Controller, both retroactively and prospectively, provided that as a result of the application (1) no cash refund shall be made to any district; (2) in the event any district has, in the past, paid an amount greater than the maximum, assuming this paragraph had been in effect at that time, the excess shall be credited by the Controller against any apportionment balances for which said district is or may hereafter become liable; and (3) the Controller shall make retroactively any adjustments in the amounts due from other districts by virtue of any adjustments made under (2) above. Notwithstanding the foregoing, any computations required to be made pursuant to this paragraph shall not be reflected in any changes in deductions required to be made pursuant to Section 15735 prior to January 1, 1966. If any subsection, clause, sentence of phrase of this section is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this section. The Legislature hereby declares that it would have adopted this section, and each subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, clauses, sentences or phrases be declared unconstitutional. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15791. Source version: id_ce1c77ce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Notwithstanding any change in the boundaries of a state-aided district or the annexation to, or the inclusion in, another district of a state-aided district, the state-aided district as it existed immediately prior to the effective date of the action shall be continued in existence for the determination of the assessed valuation of the property therein and for the purposes of the computations provided by Sections 15729, 15730, and 15733; and all the computations required to be made pursuant to those sections shall be made exactly as if there had been no change of boundaries, annexations, or inclusion, except as otherwise provided in Sections 15792 and 15793. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15792. Source version: id_ce1c77d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever, subsequent to the date on which a conditional apportionment becomes final, territory is withdrawn from a state-aided district and no portion of the apportionment was expended for school property acquired by the acquiring district: (1) If the acquiring district is a state-aided district, the assessed valuation in the territory acquired shall be included in determining assessed valuation of the property in the acquiring district, and shall thereafter be excluded in determining assessed valuation of the property in the state-aided district, for purposes of the computations under Sections 15729 to 15733, inclusive; (2) If the acquiring district is not a state-aided district, the State Controller shall determine the percentage relationship, at the time of the withdrawal, between (a) the assessed valuation in the territory acquired, together with the current assessed valuation in all other territory theretofore acquired by the acquiring district from the state-aided district since the date of its first conditional apportionment under this chapter, and (b) the current assessed valuation of the state-aided district as it was territorially constituted on the latter date. If the percentage of assessed valuation in acquired territory is, in the aggregate, less than 10 percent, the assessed valuation in all the acquired territory shall be excluded, until the next withdrawal of territory from the state-aided district to the acquiring district, in determining the assessed valuation of the state-aided district for the purposes of the computations under Sections 15729 to 15733, inclusive. If the percentage of assessed valuation in acquired territory is, in the aggregate, a percentage equal to or greater than 10 percent, the Controller shall, by deducting such percentage from 100 percent, obtain the “complement percentage.” Until the next withdrawal of territory from the state-aided district to the acquiring district, the assessed valuation of the state-aided district for purposes of the computations under Sections 15729 to 15733, inclusive, shall be determined by dividing the current assessed valuation of the state-aided district, as territorially constituted immediately subsequent to the last withdrawal, by the complement percentage. Whenever, pursuant to this section, the assessed valuation of the state-aided district is adjusted for repayment computation purposes by use of the complement percentage, liability for the annual repayment computed shall be apportioned between the state-aided district and the acquiring district by multiplying such annual repayment by the complement percentage, the product representing the liability of the state-aided district, and the remainder of the computed repayment representing the liability of the acquiring district. Notwithstanding the foregoing, the liability of the state-aided district shall not exceed the product of any “complement percentage” (as it may from time to time exist) times the balance due on the final apportionment at the time the complement percentage is established; and the liability of the acquiring district (while a complement percentage remains unchanged) shall not exceed the remainder of the balance of the aforesaid final apportionment at the time the complement percentage is established. The maximum liability on the part of either the state-aided or acquiring districts established as above (and until the time that the liability be altered by altering the “complement percentage”) shall be hereinafter referred to in this section with respect to each district as “the maximum.” (3) In the event that two or more nonstate-aided districts acquire territory from the state-aided district the Controller shall determine the formulae for apportioning liability for the annual repayment between the districts affected (including the formulae for determining what assessed valuations shall be used within the affected districts or territories withdrawn, and the dates of determination thereof) as will in his or her opinion best comply with the principles set forth above, irrespective of whether the formulae are in literal compliance therewith. The same percentage of annual repayment for which a district is liable at the time the liability apportionment is made shall (unless and until the liability apportionment is subsequently changed pursuant to this paragraph) be deemed applicable to the liability of the district for the balance (as of the date the liability apportionment is made) due on the final apportionment to the state-aided district. The liability for the balance shall, with respect to any affected district, be hereinafter referred to as the “maximum” for the district. (4) It is the intent of the Legislature that the foregoing “maximums” shall be applied by the Controller both retroactively and prospectively, provided that as a result of the application (1) no cash refund shall be made to any district; (2) in the event any district has, in the past, paid an amount greater than its “maximum,” assuming this paragraph and others to which it is referable had been in effect at that time, the excess shall be credited by the Controller against any apportionment balances for which the district is or may hereafter become liable; and (3) the Controller shall make retroactively any adjustments in the amounts due from any other district by virtue of any adjustments made under (2) above. Notwithstanding the foregoing, any computations required to be made pursuant to this paragraph shall not be reflected in any changes in deductions required to be made pursuant to Section 16080 prior to January 1, 1966. If any subsection, clause, sentence or phrase of this section is for any reason held to be unconstitutional that decision shall not affect the validity of the remaining portions of this section. The Legislature hereby declares that it would have adopted this section and each subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, clauses, sentences, or phrases be declared unconstitutional. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15793. Source version: id_ce1c77d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. Whenever, subsequent to the date on which a conditional apportionment becomes final, any territory is withdrawn from a nonstate-aided district and annexed to the state-aided district, the assessed valuation in the territory so annexed shall be included with the valuation of the state-aided district for the purposes of making the computations provided by Sections 15729 to 15733. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15794. Source version: id_ce1c77d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. The Controller shall compute, in accordance with Sections 15791, 15792, and 15793, the amount of the annual repayment due the state on account of the apportionment or apportionments to each state-aided district and shall deduct from the respective apportionments made from the State School Fund under Sections 46304, 46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, to the state-aided district and an acquiring district the portion thereof for which each is liable under this article. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 4. State School Building Aid Law, 1949 [15700 - 15795] ARTICLE 2. School Housing Aid for Reorganized Districts [15780 - 15795] SECTION 15795. Source version: id_ce1c77d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=4.&article=2. (a) When, after any application is filed, the applicant district is annexed to, or, by change of boundaries or otherwise, is included in whole or in part in another district or districts, the superintendent of schools of the county having jurisdiction over the applicant district shall, within 10 days after the effective date of the annexation, inclusion, or change of boundaries, file a certificate with the board, in writing, in the form that the board shall prescribe, setting forth each of the following: (1) The effective date of the annexation, inclusion, or change of boundaries. (2) Identification of the area of the school district affected by such change and the name of the school district or districts in which such area is included as a result thereof. (3) Any additional information in any form that the board may require. (b) The board shall, upon receiving the appropriate certificate from a county superintendent of schools as provided herein, promptly notify the Controller, in writing, of each of the following: (1) The effective date of annexation or other inclusion of a state-aided district by an acquiring district. (2) The name of the state-aided district. (3) The name of the acquiring district. (4) The number and other identification of the apportionment affected. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 5. State School Building Finance Committee [15900 - 15909] SECTION 15900. Source version: id_ce1dfe7a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=5.&article= For the purpose of creating a fund to provide aid to school districts of the state, the State School Building Finance Committee, created by Section 15909, shall be and it hereby is authorized and empowered to create a debt or debts, liability or liabilities, of the state in the manner and to the extent hereinafter provided, but not otherwise, nor in excess thereof. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 5. State School Building Finance Committee [15900 - 15909] SECTION 15909. Source version: id_ce1dfe7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=5.&article= There is hereby created a State School Building Finance Committee composed of the Governor, Controller, Treasurer, Director of Finance, and Superintendent of Public Instruction, all of whom shall serve thereon without compensation and a majority of whom shall be empowered to act for the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the speaker, shall meet and advise with the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, these Members of the Legislature shall constitute an interim investigation committee on the subject of this chapter and as such shall have the powers and duties imposed upon these committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide any assistance to the State School Building Finance Committee that it may require. The Attorney General of the state shall be the legal adviser of the State School Building Finance Committee. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16000. Source version: id_ce1f8522-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. This chapter may be cited as the State School Building Aid Law of 1952. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16001. Source version: id_ce1f8524-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to aid school districts of the state in providing necessary schoolsites and buildings for the pupils of the public school system, this system being a matter of general concern inasmuch as the education of the children of the state is an obligation and function of the state. In adopting this chapter, the Legislature considers that the great need in school construction is for classrooms for the education of the pupils of the public school system. It is the intent of the Legislature to first satisfy this primary need to the greatest extent possible before providing additional educational facilities, regardless of how desirable such additional facilities may be. To the end that school classrooms may be made available at once and to all school districts in need of such classrooms, provisions for other needed school facilities is necessarily subordinated. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16002. Source version: id_ce210bc6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. As used in this chapter: (a) “Board” means the State Allocation Board. (b) “Director” means the Director of Education for kindergarten and grades 1 to 12, inclusive. (c) Notwithstanding any other law, the term “project” shall be deemed to include any or all of the purposes for which a school district has applied for apportionments under this chapter, pursuant to any regulations that the State Allocation Board may adopt. (d) “Grade level maintained by a district” means any of the following: (1) The kindergarten, if any, and grades 1 to 6, inclusive, or grades 1 to 8, inclusive, maintained by an elementary school district or a unified school district. (2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive, maintained by a high school district or unified school district. However, not more than one grade level shall be claimed by any district under any one of the paragraphs of this subdivision. (e) “Apportionment” means an apportionment made under this chapter unless the context otherwise requires. The term “apportionment” in Sections 16091, 16097, 16099, 16100, 16104, 16105, and any other section in this chapter where the context justifies, shall be deemed to include funds of a school district required by the board to be contributed toward the purposes thereof. It is hereby declared that this construction is not intended as a change in the present law but rather as a declaration of existing law. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16002.5. Source version: id_ce210bc8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. For the purposes of this chapter, the term “basic bond requirement,” means 5 percent of the assessed valuation of taxable property of the district for each grade level maintained by a district, as shown by the last equalized assessment of the county or counties in which the district is located, and as modified by Section 41201 or Section 84201. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16003. Source version: id_ce210bca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. With respect to applications filed on and after the effective date of this section by a unified district and any apportionments and repayments made under the applications, “grade level maintained by the district” means the kindergarten, if any, and grades 1 to 12, inclusive, maintained by the district. A unified district if otherwise eligible, may apply for and receive an apportionment for either one or both of the grade levels. This section shall not apply to a unified district during the first three years following the effective date of this section, or during the first three fiscal years in which the district is in existence for all purposes, if the governing board of the district transmits to the board a written notice stating the district desires to be exempted from this section during that period. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16004. Source version: id_ce210bcc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any provision of this chapter to the contrary, the board shall review each application and shall take action to insure that apportionments are not made that will provide for construction of permanent facilities to meet temporary peak enrollments at any site or at any grade level. In cases deemed by the board to be hardship cases involving high school or unified school districts where the district will not be able to house high school pupils under basic area limitation formulas prescribed in this chapter, the board may make apportionments for high school facilities in excess of the limitations. In that event, the board may provide for the construction of portable facilities at any particular site for which the apportionments are made, particularly where the board determines that there will be, within a six- to nine-year period immediately following the apportionment for facilities at the site, a diminution in enrollment at the site justifying relocation of facilities. In no event shall the board have any authority to make an apportionment for construction area at a high school attendance center which, when added to the area of adequate school construction at that center, would exceed the area permitted therefor by Sections 16053 and 16054. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16005. Source version: id_ce210bce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The Director of General Services shall administer this chapter and shall provide any assistance to the board that it may require. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16006. Source version: id_ce229270-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The State Allocation Board is continued in existence for the purposes of this chapter. The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid out of the State School Building Aid Fund. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16007. Source version: id_ce229272-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The board by the adoption of rules shall give priority in allocating funds to districts to those districts where the children will benefit most from additional schoolhouse facilities. This priority shall be based on acuteness of overcrowding, on rapidity of growth in attendance, and on the time the district’s application has been ready for allotment. The board may make exceptions when it determines that it will be for the benefit of the children affected. The State Department of Education shall assist and cooperate with the board in determining priorities. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16008. Source version: id_ce229274-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. In allocating funds under this chapter, the board may give first priority to school districts for the replacement and repair of school buildings and necessary facilities appurtenant thereto damaged by any earthquake occurring subsequent to July 1, 1952. All of the provisions of this chapter apply to the districts except the provisions for the establishment of priorities. Prior to making any apportionment under this section, the State Allocation Board may secure from the Department of General Services, a report showing the urgency of the work of replacement or repair for which an application has been filed. The report shall not be conclusive upon the State Allocation Board, but shall be advisory only. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16009. Source version: id_ce229276-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. In addition to any other powers and duties that are granted the board by this chapter, the board shall: (a) Establish any qualifications not in conflict with other provisions of this chapter that it deems will best serve the purposes of this chapter for determining the eligibility of school districts to apportionments of funds under this chapter. (b) Establish any procedures and policies in connection with the administration of, and the expenditure of funds made available for the purpose of, this chapter that it deems necessary and which are not in conflict with the powers and duties of the State Department of Education or of the director granted or imposed by this chapter. (c) Adopt any rules and regulations for the administration of this chapter, requiring the procedure, forms, and information, that it may deem necessary. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16010. Source version: id_ce229278-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The State Department of Education, in addition to any responsibilities or approvals required under Sections 39000 to 39323, inclusive, shall provide the following services to school districts making applications for apportionments under this chapter: (1) It shall assist school districts in organizing a comprehensive planning effort. It shall guide a planning process through its appropriate steps and, when requested by a school district, it shall provide the school district with sources of expertise, either public or private, which may be able to contribute to the development of plans to find solutions for specific problems a school district may have. (2) It shall provide continuing research in relation to all phases of educational programs and the school facilities that are required to implement these educational programs. (3) It shall provide a review and evaluation service to school districts to assure the effectiveness of the facilities that have been provided in accommodating educational programs. (4) It shall provide communication media through publications, seminars, and prepare planning guides and procedures containing recommendations, which guides shall be used to disseminate educational planning information to all school districts. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16011. Source version: id_ce24191a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Each school district which desires an apportionment of funds under this chapter shall, unless specifically exempted by the board, prepare a long-range comprehensive master plan for the district prepared in accordance with acceptable planning procedures. Information relating to the following factors should be included in this master plan: (a) A statement of the educational programs and goals of the district in relation to its programs, both current and future. (b) A comprehensive evaluation and report of the utilization of the school facilities now existing in the district. (c) A comprehensive demographic study of the district, as it currently exists and as projected into the future. (d) A policy statement regarding actual or potential human problems. (e) A policy statement as to the priority in which the district proposes to solve its school housing problems. (f) A policy statement regarding cooperation with other local public agencies to achieve total community development. (g) A policy to insure continuous review so that plans will be kept up to date and changing conditions will be reviewed and accommodated by appropriate revision of plans. The director shall review the long-range master plan and project development plan and shall report his or her findings and recommendations thereon to the board. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16012. Source version: id_ce24191c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The board shall prescribe instructions specifying the manner in which property, real or personal, being replaced through the apportionment, shall be disposed of, and compliance with the instructions shall be a condition upon the making of the apportionment. The net proceeds derived from the disposition shall be contributed in reduction of any apportionment. Any school district affected shall comply with instructions prescribed by the board. The board may require a district to transfer to the state, by any instruments deemed appropriate by the board, title to property, whereupon, the board shall dispose of the property in any manner it deems appropriate to insure the highest return to the state, and apply the proceeds therefrom in reduction of apportionments to the district. The district affected shall do all things deemed necessary by the board to implement the disposition. Whenever the board determines it to be in the best interests of the state, an apportionment may be made for the demolition of any facilities replaced through an apportionment. This section shall be applicable to property replaced by apportionments heretofore or hereafter made under this chapter or Chapter 6 (commencing with Section 15700) of this part. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16013. Source version: id_ce24191e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provisions of this chapter, the board may grant priority in the apportioning of funds to school districts to those districts which have sold facilities replaced under a previous application and have applied the proceeds therefrom in reduction of prior apportionments to the district. Apportionments so made shall not be in excess of the amount of the proceeds which were applied to prior apportionments subsequent to July 1, 1970, and shall be made only for projects which were approved by the board prior to July 1, 1970. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16014. Source version: id_ce241920-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Apportionment from the State School Building Aid Fund to school districts shall be made in the manner and subject to the conditions herein provided and in accordance with policies adopted by the board, for the following purposes, all of which purposes are hereby declared to be, and are, public works: (a) The purchase and improvement of schoolsites which have been approved by the State Department of Education. (b) The purchase of necessary desks, tables, chairs and other movable furniture and equipment, as approved by the State Department of Education. (c) The planning and construction, reconstruction, alteration of, the moving of portable classroom buildings on an existing site or to another schoolsite, and addition to, school buildings, including built-in or fixed equipment, for any facilities that are approved by the State Department of Education as essential, except a room used solely for an auditorium for a school of any type or class and a room used solely for a gymnasium or a room used solely for a cafeteria for elementary schools. This section does not prohibit the State Department of Education from approving multipurpose rooms which are rooms designed to be used for two or more of the following purposes: (1) Classroom. (2) Auditorium. (3) Gymnasium. (4) Cafeteria. (5) Any other purposes that district requires which are approved by the State Department of Education. Where a district is required by a contract entered into between itself and a contractor, to obtain at its own expense insurance covering risks incurred during any construction, reconstruction or alteration for which an apportionment has been made, the cost thereof may be paid either directly, or by way of reimbursement, to the district out of the apportionment, or out of any apportionment made specifically covering the insurance. However, in other respects the apportionments are eligible for payment under this chapter. In addition to the foregoing, the board may make an apportionment to a school district for the purchase from another school district of existing facilities, real or personal, including the site thereof, or any portion of any of the foregoing, providing that the board finds that it is economical and good practice on the part of the acquiring district to purchase the same, and that the consideration to be paid in the light of all the circumstances surrounding the transfer is fair and equitable both to the acquiring district and to the state. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16015. Source version: id_ce241922-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provisions of this chapter, the board may make an apportionment to any school district for the cost of leasing portable classrooms during the period in which additional school facilities are being constructed by a previously approved project, provided that each of the following conditions is satisfied: (a) The district has received a final apportionment for the previously approved project and the construction of which has not yet been completed. (b) Estimates of average daily attendance used for justifying the previously approved project indicate either of the following: (1) An increase over the base period of projection of at least 15 percent. (2) A substantial number of district classes being on triple session during the period of construction, as determined by the State Allocation Board. (c) The district is making maximum use of its existing facilities through the operation of one or more continuous school programs. Any apportionment made to a school district pursuant to this section shall be added to the final apportionment for the previously approved project specified in subdivision (a), and the repayment thereof by the school district shall be made under the same terms and conditions as prescribed for the final apportionment. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16016. Source version: id_ce259fc4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. A leasehold or use permit interest held by a school district in land owned in fee simple by the government of the United States may, for all purposes of this chapter, be deemed a purchase of land by the district and to vest title and ownership in the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16017. Source version: id_ce259fc6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The board shall not make any apportionment with respect to an application for replacing inadequate school facilities unless it has first investigated and made a finding that it would not be economical or good practice to rehabilitate said facilities. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16018. Source version: id_ce259fc8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. In addition to the purposes for which apportionments may be made to school districts under Section 16014, apportionments may also be made to school districts for the construction, repair, attachment or development of offsite facilities, utilities or improvements which the board determines are necessary to the proper operation or functioning of the school facilities for which apportionments are made, all of which purposes are hereby declared to be, and are, public works. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16019. Source version: id_ce259fca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. In making applications for, and in expending apportionments of funds under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. The Director of General Services shall file with the county recorder of the county in which any site purchased or improved through the expenditure of funds apportioned under this chapter is located a certificate, properly acknowledged, indicating the state’s interest in real property of the district by virtue of this section, without the necessity of particularizing the real property. The recorder shall record and index the certificate in the same manner as abstracts of judgments and the certificate shall constitute constructive notice of the state’s interest in the particular real property affected. The certificate shall as to any party thereafter acquiring real property or any interest therein in the county from the school district have the same force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execution. This effect shall commence upon recordation and continue until the certificate is discharged or released as provided herein. Upon request the Director of General Services shall do each of the following: (a) Issue a release of the state’s interest in any real property or a portion thereof that the district has been authorized by the board to dispose of under Section 16105, provided that delivery of the release may be subject to any conditions that may be prescribed by the board to protect the state’s interest. (b) Issue a disclaimer of the state’s interest in any real property or a portion thereof of the district, the disposition of which the board is not required to consent to under the terms of Section 16105, provided that the delivery of the disclaimer may be subject to any conditions that the board deems appropriate to protect the interests of the state, including conditions relating to the amount of consideration to be received from the disposition where the board asserts an interest in the proceeds of the disposition under other provisions of this chapter. The release or disclaimer shall conclusively protect any third party relying upon the same and shall be acknowledged to permit recordation by the county recorder. Upon payment by the district of all amounts required to be paid by it or on its behalf to the state under this chapter each of the following shall occur: (a) The Director of General Services shall file with the recorder a release of any certificate. The release shall be recorded and indexed in the same index as the certificate. (b) The title to personal property purchased by the school district with funds apportioned under this chapter shall revert to the school district without further action by the state. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16020. Source version: id_ce27266c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The board may require school districts to insure for the benefit of the state all sites, equipment, and buildings which are under Section 16019 the property of the state, against any risk and in any amounts that the board may deem necessary to protect the interests of the state. No state funds apportioned under this chapter shall be used to pay the premiums on the insurance. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16021. Source version: id_ce27266e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. A school district shall not expend money apportioned under this chapter unless the contracts under which the funds are expended have been let after competitive bids thereafter pursuant to this code. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16022. Source version: id_ce272670-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Funds apportioned to a school district under Section 16024 for a project, remaining unencumbered or unexpended one year from the date the application of the district for apportionment was approved, shall not be encumbered or expended except as provided in this section. The governing board of the district shall notify the board of its desire to encumber or expend funds. The board shall immediately request the State Department of Education to, and the department shall, review the project for which apportionment was made. If the State Department of Education finds that the conditions existing at the time it approved the project for which the apportionment was made have so changed that the needs of the district are less than originally determined, it shall notify the board of its findings and of the respects in which the project should accordingly be modified. The board shall review the project and revise the project in any manner that it deems necessary subject to Section 16067, and make any changes in the purposes for which the apportionment may be expended that it deems necessary. The cost of the project as revised by the board shall be computed in the manner prescribed by Section 16024 and the excess, if any, of the amount theretofore apportioned to the district over the computed cost of the revised project shall be deducted by the board from the apportionment made to the district. The board shall give notice of its action, in writing, to the Controller, the governing board of the district, and the county auditor and the county treasurer having jurisdiction over the state school building fund of the district. If the amount of the excess, or any portion thereof, has not been paid to the district, the excess, or portion thereof, shall be made available for apportionment to other districts, if the excess, or portion thereof, has been paid to the district, it shall not be encumbered or expended by the district and shall become due and payable to the State of California. The governing board of the district and the county treasurer shall pay the amount to the Treasurer, out of the funds, and in the manner specified in Section 16100. The payment shall, on order of the Controller, be deposited in the State School Building Aid Fund in the State Treasury. It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. This section does not authorize the board to increase any apportionment made to a school district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16023. Source version: id_ce272672-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provisions of this chapter, a district may apply, on a separate application, for an apportionment for the purchase of laboratory and vocational training equipment, whether or not the equipment is for use in connection with a construction project. All of the provisions of this chapter apply to the application and apportionment except that: (a) Any application for the equipment pursuant to this section which is received by the board shall be transmitted to the State Department of Education. If the State Department of Education approves the application, it shall refer it to the board which shall either approve or reject the application pursuant to Section 16024. Any provision of Section 16024 inconsistent with this section shall not apply to the application. (b) Section 16007 does not apply. (c) If the application is approved and an apportionment granted therefor the district shall repay the full amount of the apportionment and the interest thereon. The repayment of the apportionment, and the interest thereon, may be over a period of years, not to exceed 20 years from the first day of January of the fiscal year next succeeding the fiscal year in which the apportionment became final. The number of years allowed for repayment shall be determined by the board at the time it fixes interest on the apportionment. The repayment is in addition to any other repayment required under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16024. Source version: id_ce272674-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Each school district that desires an apportionment for a grade level maintained by it, shall submit through its governing board to the board an application therefor in the form and number of copies as the board shall prescribe. Each copy of the application shall be accompanied by a statement of the estimated cost of the project certified by an architect or structural engineer, and by layout plans showing the entire construction project for which the district desires an apportionment. Before the board approves an application for a construction project and makes an apportionment pursuant to this chapter, it shall, after consultation with the Department of General Services, establish standards for all new construction included therein. After this consultation the board shall establish current construction cost standards for that construction. The standards shall not exceed typical comparable new construction by school districts in the same area not receiving or eligible for apportionment under this chapter, or if there has been no new construction by school districts in the area, the standards shall not exceed the reasonable current cost of similar construction in the area. The board shall determine these typical current costs or reasonable current costs. In applying those standards the board shall take into account the size and type of the construction proposed and may make deviations as in their judgment are justified. When a standard has been set by the board to cover any individual apportionment, no apportionment shall be made by the board in excess of that standard, unless the board shall find that in view of a rapid increase in building costs an adjustment is warranted. Immediately upon receipt of an application in the prescribed form accompanied by the required estimate of cost, a copy thereof shall be transmitted by the board to the director and to the Director of General Services. A school district shall not let any contract for new construction included in an application for a construction project that has been approved by the board if the cost exceeds the construction cost standards fixed by the board under this section for that new construction. A school district may at any time amend or supplement its application. Each construction project for which a district applies for an apportionment shall be applied for on a separate application and shall be considered separately by the board. If a district applies for more than one construction project, at the same time or at different times, the priority points of the district shall be recalculated after the approval of each separate construction project and before a subsequent construction project is approved. The board shall require the changes in the plans that an applicant school district submits with its application as the board determines is necessary or desirable to reduce the cost of the project. The board may also, by rule, provide for the vesting in the director or in the Director of General Services of the responsibility for requiring those changes, according to whether the subject matter of the change is subject to the jurisdiction or approval of the director or the Director of General Services, respectively. The board may, for good cause as it shall determine, reduce the amount of, or modify any provisions relating to, any contribution required of a school district under the terms of an apportionment, other than any contribution required of the district under Section 16058 from the sale of bonds. However, the board may not, without the consent of the district, increase the amount of any district contribution under the terms of an apportionment, in the absence of mistake arising from any source, or misrepresentation, concealment, or omission, on the part of the district, intentional or otherwise. The provisions of this paragraph shall be applicable to apportionments heretofore or hereafter made. The Director of General Services shall determine the school district’s financial ability to meet all or a portion of the cost of the project and the amount that the school district can contribute toward the cost of the project out of its available funds, and shall submit his or her report thereon to the board. The term “available funds” as used in the preceding paragraph means funds of the district other than funds received by gift or bequest. The director shall, as promptly as possible, prepare a report and recommendation with respect to the application and refer the application, report, and recommendation to the Director of General Services, who shall, if he or she finds the documents to be in proper form and otherwise sufficient, refer them to the board. If the director finds the documents to be lacking in any respect as to any matter that is subject to the jurisdiction or approval of the director or the State Department of Education, or the board of governors, as appropriate to their jurisdiction, he or she shall refer them to the director who shall take action as may be necessary. Subject to this chapter, the board shall approve or reject each application referred to it by the director. If the board approves of the application, either in whole or in part, it shall, by a resolution adopted by it, apportion to the district from the State School Building Aid Fund the amount applied for, or any portion thereof as the board may deem appropriate. However, it may order that the apportionment or any part thereof shall be paid in progressive installments at the time and under the conditions as it may then prescribe. This shall be known as a conditional apportionment and shall become final only if the vote provided for in Section 16058 is favorable and if bonds are authorized and sold in the amounts prescribed by the board, and the proceeds of the bonds sold earmarked for the project as approved. The conditional apportionment shall remain effective for a period of 12 months from the date of the resolution of the board, and if it does not become a final apportionment by that date, it shall become void and the money so apportioned shall become again available for apportionment pursuant to this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16025. Source version: id_ce272676-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provisions of this chapter, a school district otherwise eligible to receive a conditional apportionment under this chapter may apply for an adjustment of annual repayment obligations in lieu of receiving the conditional apportionment. The board may require any information that is necessary to determine the number of units of estimated average daily attendance for which the district would have been eligible to construct school facilities under this chapter, if the conditional apportionment had been made and had become final. These units shall be known as “eligible attendance units.” The board shall then determine an “eligible facilities cost” by multiplying the number of the eligible attendance units by the average cost of housing elementary or high school pupils as set forth in the latest report to the Legislature required under Section 16098. In any fiscal year in which the school district is in the judgment of the board operating sufficient year-around classes to provide housing for the eligible attendance units aforementioned, the Director of General Services shall add to the amount which he or she is required to certify to the Controller under Sections 16072, 16084, and 16086 an amount equal to one-twentieth of the eligible facilities costs. The additional amount so certified shall be considered for all purposes of this chapter as eligible bonded debt service. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16026. Source version: id_ce28ad18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provisions of this chapter, any school district whose governing board has adopted and put into effect a year-round school operation plan or continuous school program, as defined in Section 16030, or has adopted a plan or program for operation in the following school year, may apply to the board and the board may provide financial assistance in furnishing and installing an air cooling system in those facilities which will be so operated, so long as the construction of the facility was commenced prior to December 31, 1972. Financial assistance provided by the board may be in any of the following forms: (a) An apportionment pursuant to Section 16024. (b) An authorization to use proceeds from the sale of district bonds. (c) An authorization to use the net proceeds derived from the sale of unused schoolsites whether or not there are unpaid apportionments outstanding against the sites. The board shall establish cost standards applicable to the furnishing and installing of air cooling systems in existing schools. No apportionment or authorization shall be made by the board in excess of the standard established for the apportionment. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16027. Source version: id_ce28ad1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. In any fiscal year in which the school district is conducting a year-round school operation or continuous school program, as defined in Section 16030, utilizing a facility for which financial assistance was provided by the board under Section 16026, the Director of General Services shall add to the amount which he or she is required to certify to the Controller under Sections 16072, 16084 and 16086 an amount equal to the debt service for retirement of bonds authorized for use under Section 16026. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16028. Source version: id_ce28ad1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Any authorization of the proceeds derived from the sale of an unused site pursuant to Section 16026 shall constitute a conversion of the unpaid portion of the apportionment to the application for an air cooling system as if an apportionment had originally been made therefor. The converted apportionment shall be repaid pursuant to Section 16069 irrespective of Section 16105. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16028.5. Source version: id_ce28ad1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Whenever a school district has received an increased building cost allowance pursuant to Section 16024 or 16026 for the purpose of providing facilities for year-round school operation as defined in Section 16030, and in any fiscal year subsequent to the fiscal year in which the facilities are completed fails to conduct a year-around school operation, the Director of General Services shall in the following fiscal year deduct an amount from the eligible bonded debt service of the district equal to one-twentieth of the amount of the increased cost allowance plus interest thereon. The total amount to be deducted in subsequent fiscal years after the completion of the facilities shall not exceed seven-twentieths of the amount of the increased allowance, plus interest. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16029. Source version: id_ce28ad20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provisions of this chapter, a school district qualifying for an adjustment of annual repayment obligations under Section 16025 or 15731 may apply for an apportionment under this chapter. The apportionment shall not exceed the “eligible facilities cost”, as defined in Section 16025 or 15731, and may be made available, upon the review and recommendation of the State Department of Education, only for the modifications of existing facilities necessary for the implementation of continuous school programs (as defined in Chapter 5 (commencing with Section 37600) of Part 22). In allocating funds under this chapter, the board may give first priority to school districts for modifications to existing facilities to be made pursuant to this section when in the judgment of the board the modifications of existing facilities are necessary for operation of year-round classes. In no event shall apportionments be made for modifications to a standard greater than could have been constructed in a new school building under this article. All of the provisions of the chapter apply to the districts except the provisions for the establishment of priorities. Any apportionment made under this section shall be deducted from the eligible facilities costs before the Director of General Services makes his or her computation of the adjustment under Section 16025 or 15731. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16031. Source version: id_ce28ad22-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any provision of this chapter to the contrary, no school district shall be required, except as provided in this section, to contribute toward the cost of a project for which an application for an apportionment is filed, any of the following funds of the district: (a) Amounts in the general fund of the district which are apportionments from the State School Fund. (b) Amounts in the general fund of the district which are the proceeds of a tax levy and have not been earmarked by the governing board of the district or the electors of the district for any purposes for which school district bonds may be issued and sold. In considering an application for an apportionment the board may review the purposes for which the district has expended or encumbered proceeds from the sale of district bonds authorized to be issued at an election held on or after September 3, 1952. Upon a finding by the board that any such proceeds have been expended or encumbered for purposes outside the scope and intent of this chapter, the board may require the district to contribute toward the project for which an apportionment is sought from any funds of the district, except those referred to in subdivision (a) above, an amount equal to the amount of district bonds proceeds expended or encumbered for purposes outside the scope and intent of this chapter. Proceeds from the sale of district bonds which have been encumbered or expended for the purchase of schoolbuses authorized by Section 15100 shall be deemed encumbered or expended for purposes outside the scope and intent of this chapter. If a district is required pursuant to this section to make a contribution toward the project for which an apportionment is sought as a result of the purchase prior to January 1, 1967, of schoolbuses authorized by Section 15100 out of proceeds from the sale of district bonds, the district at the time that the board determines that the contribution is required may agree to pay the required contribution by payment into the State School Building Aid Fund by 10 or less annual installments payable without interest over a period not exceeding 10 years after the date of the final apportionment. The first installment shall be due and payable one year after the date of the final apportionment. The installment payments shall be made by the governing board of the district from moneys in the general fund of the district if money is available therefor. If the governing board of the district determines that money is not available in the general fund of the district for such purposes, the maximum rate of school district tax for any school year is hereby increased for any school year by such amount not to exceed the amount of the proposed payment into the State School Building Aid Fund as shown by the budget for such school year as finally adopted by the governing board of the district, less any unencumbered balances remaining at the end of the preceding school year derived from the revenue from the increase in the rate of tax provided by this section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16032. Source version: id_ce2a33c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provisions of this chapter, whenever the board makes a finding pursuant to Section 16031 that proceeds from the sale of district bonds have been expended or encumbered by a school district for purposes outside the scope and intent of this chapter the board, in lieu of requiring the district to contribute toward the project for which an apportionment is sought from any funds of the district, may stipulate that such bond funds expended or encumbered shall not be considered as “eligible bonded debt service” as defined in Section 16070 and 16084. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16033. Source version: id_ce2a33c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The expenditure by a school district, prior to the filing of an application for an apportionment under this chapter, of proceeds from the sale of district bonds for the construction of a swimming pool, shall not in and of itself constitute grounds for denying an apportionment, but the board may require a contribution of district funds therefor under Section 16031. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16034. Source version: id_ce2a33c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Before the board approves an application for a furniture or equipment project, or an application for a new construction project, including furniture and equipment, and after consultation with the State Department of Education, it shall establish current furniture and equipment cost standards. Such standards shall not exceed the quantity and quality of furniture and equipment for comparable facilities purchased by school districts not receiving or not eligible for an apportionment under this chapter. Such standards shall consist of equipment costs for each type of classroom or pupil station which represents a differential in costs. The standards shall be reviewed quarterly by the board and adjustments made in accordance with current cost standards. When standards have been adopted by the board, no apportionment shall be made by the board in excess of such standards unless a rapid increase in costs warrants an adjustment. Before the board approves an application for furniture and equipment in connection with an application for the replacement of, reconstruction of, alteration of, or addition to, a school building, the State Department of Education, after full consideration of all the furniture and equipment existing in the applicant district that is in usable condition, shall recommend the amount that shall be approved in the application. The board may approve all or a portion of the amount so recommended. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16035. Source version: id_ce2a33ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The board may approve, in whole or in part, an application submitted by a school district under Section 16024 and in such amount, not exceeding the amount applied for, as the board may deem appropriate. The board may, upon approval of the application, in whole or in part, and subsequently from time to time, make a conditional apportionment or conditional apportionments not exceeding in the aggregate the total amount determined by the board, to the applicant school district from the State School Building Aid Fund for that portion or portions of the construction project as the board determines the district is ready to proceed with. If the board has approved an application and made an apportionment as to a portion or portions of a construction project, the board may approve the remaining portion or portions of the construction project and make an additional apportionment or apportionments within five years after the original approval without requiring a district to issue additional bonds. The board may also make an additional apportionment or apportionments for a period of time in excess of five years after the original approval without requiring a district to issue additional bonds if it has made a finding that the additional apportionment or apportionments are justified by virtue of the fact that state funds were not available for apportionment within the two-year period after the original approval because of the inability of the state to sell authorized state bonds within the maximum permitted interest rate. If the board determines that the actual cost is in excess of the estimated cost of the specific school plant facilities or sites for which an apportionment to a district has been made, or for which a district’s application has been approved in whole or in part pursuant to this section, the board may make an additional apportionment to the district in an amount equal to the excess even though the additional apportionment will result in the total apportionments to the district exceeding the amount of the application originally approved by the board. Before the additional apportionment becomes final the district, pursuant to Section 16058, shall hold an election to repay the amount of the additional apportionment which is in excess of the amount which the district has previously voted to repay. The additional apportionment shall become final when the county superintendent of schools transmits to the board and the Controller a certificate in duplicate stating that the school district has authorized the acceptance and expenditure of the necessary amount of the excess. If the additional apportionments are made by the board within five years after the original approval, except an apportionment made final pursuant to subdivision (c) of Section 16058, the district shall not be required to issue additional bonds. Except as otherwise provided in this section, all provisions of this chapter relating to apportionments shall apply to apportionments made under this section. Whenever an apportionment has heretofore been made or is hereafter made to a district for a site and the district heretofore or hereafter proposes to acquire the site through negotiation or condemnation but the total acquisition cost thereof, plus all other costs incidental to either the acquisition or condemnation of the site, exceeds or exceeded the apportionment for the site, the board may at any time hereafter make an additional apportionment to provide for the differential in total acquisition cost without the district being required to issue additional bonds to qualify, providing the board finds (1) that it is in the interest of the state to proceed with the acquisition despite the acquisition costs, and (2) that the district is unable to provide, or it would be a hardship to require it to provide, the excess costs. The board may also, in its discretion, as a condition of making the apportionment, require the district to repay in full all or any part of the excess apportionment, under the terms and conditions that the board deems desirable, and the district shall be empowered and obligated to comply if it accepts the excess apportionment, notwithstanding any other law to the contrary; provided, (1) that no the repayment shall be required from any source that would be exempt from required contribution toward the cost of a project under Sections 16024 and 16031 (excepting amounts in the General Fund raised by taxes to pay any judgment requiring the repayment), and (2) that any portion of the apportionment not required to be repaid in full, shall be repayable in the same manner as a construction apportionment. Approval of an application under this section shall not be construed as creating or implying any obligation, commitment or promise on the part of the board or the state to make apportionments under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16036. Source version: id_ce2a33cc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The board shall, after consultation with the State Department of Education, establish site cost standards which shall be used in evaluating the cost in relationship to the size of any site to be acquired wholly or partially with funds apportioned under this chapter. In determining the standards, consideration should be given to the following factors: (a) The grade level of the school. (b) The location of the school. (c) The enrollment to attend the school. (d) The purchase price of each acre of the site. (e) The site development cost. (f) Land use in the area. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16037. Source version: id_ce2bba6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provision of this chapter, whenever the board has made an apportionment more than two years after the original approval of and apportionment for any construction project, and pursuant to Section 16035 has required the district to issue additional qualifying bonds as a condition of the apportionment, the board may continue to make apportionments as it may consider necessary to complete the approved construction project without requiring further qualification by the district, provided the apportionments are made within two years of the date upon which the additional qualifying bonds were required. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16038. Source version: id_ce2bba70-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding the provisions of Section 16035, if the board has approved an application for a construction project and has made an apportionment therefor, the board may make an additional apportionment or apportionments for a period of time in excess of two years after the original approval without requiring a district to issue additional bonds; provided that: (1) the approved project provides for the structural rehabilitation of an unsafe school building, and (2) the apportionment is necessary to cover costs resulting from additional items of work necessary for compliance with structural safety requirements, and the need for such additional work was not foreseen at the time of the original apportionment. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16039. Source version: id_ce2bba72-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provisions of this chapter, a district which applies for an apportionment for the purchase of a site or for the cost of the preparation of plans and specifications, which is not a part of a construction project, shall make a separate application for the site or plans and specifications in the same manner as prescribed by Section 16024. All of the provisions of this chapter apply to that application and apportionment except that: (a) If the State Department of Education determines that within five years in the case of an application for an elementary grade level maintained by the district, or within seven years, in the case of an application for a high school grade level maintained by the district, from the date of the application for the site or for the plans and specifications, there will be sufficient enrollment in the district, based upon enrollment projection criteria adopted by the board, to show the need of such site or for the plans and specifications, it may approve the application. The board may modify a determination respecting future enrollment in connection with an application for an elementary grade level maintained by the district to utilize a period of seven years from the date of the application if it is necessary to meet the emergency conditions existing in that certain district due to a rapid increase in the enrollment of pupils, or due to the scarcity of land within the district, or both. Any application referred to the board pursuant to this section may be either approved in whole or in part, not exceeding the amount applied for, as the board may deem appropriate, pursuant to Sections 16024 and 16035, except that the board may approve additional portions of an application and make an additional apportionment or apportionments within five years of the original approval without requiring a district to issue additional bonds. No additional approval pursuant to the original application or apportionment thereunder may be made unless the board first has investigated and determined the necessity of the additional approval or apportionment, and has received a report thereon from the State Department of Education. Any provision of Section 16024 inconsistent with this section does not apply to that application. As used in this section, an “elementary grade level maintained by the district” is a grade level composed of the grades and maintained by the districts specified in clause (1) of subdivision (e) of Section 16002. As used in this section a “high school grade level maintained by the district” is a grade level composed of the grades and maintained by the districts specified in clause (2) of subdivision (e) of Section 16002. (b) Section 16007 does not apply. (c) An application for a site pursuant to this section may include an amount for the preparation of plans and specifications for school facilities and for the development of the site, which will conform to those eligible for construction under this chapter. (d) If the application is approved and an apportionment granted therefor the district shall repay the full amount of the apportionment and the interest thereon. The repayment of the apportionment for a site and the interest thereon, may be over a period of years, not to exceed 30 years from the first day of January of the fiscal year next succeeding the fiscal year in which the apportionment became final. The repayment of the apportionment for plans and specifications, and the interest thereon, may be over a period of years, not to exceed 30 years from the first day of January of the second fiscal year succeeding the fiscal year in which such apportionment became final. The number of years allowed for repayment shall be determined by the board at the time it fixes interest on the apportionment. The repayment is in addition to any other repayment required under this chapter. If an apportionment is granted pursuant to this section for a site and the site is subsequently used in a construction project for which an apportionment is received under other provisions of this chapter, or if an apportionment is granted pursuant to this section for plans and specifications and the plans and specifications are subsequently used in a construction project for which an apportionment is received under other provisions of this chapter, the district shall not be required to make any further repayments for the site, or the plans and specifications, as the case may be, pursuant to this section and the unpaid balance of the apportionment and interest owing on the apportionment for the site, or the plans and specifications, as the case may be, pursuant to this section shall be added to the principal amount of the apportionment and accrued interest thereon for the construction project. The site is “subsequently used in a construction project” within the meaning of the preceding sentence, if it is used in connection with a construction project at the same grade level by any district receiving a construction apportionment therefor, as this is not intended as a change in the present law, but as a statement of the existing law. In addition, the site is “subsequently used in a construction project” within the meaning of that reference, if it is used in connection with the construction project by any district receiving a construction apportionment therefor at a different grade level, providing that in the latter instance the board in its discretion consents by resolution to the combination of the site and construction apportionments. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16039.5. Source version: id_ce2d4014-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding the provisions of Section 16039, if the board has made apportionments pursuant to the section for purchase of a site or preparation of plans and specifications and the district after January 1, 1977, (1) begins construction on the site of facilities which are justified by the maximum building areas set forth in Sections 16047, 16052, 16053, and 16054, or (2) uses the plans and specifications for the construction of the facilities using, in any case, funds other than an apportionment, the site or plans and specifications shall be deemed to be “subsequently used in a construction project” within the meaning of Section 16039. In these cases, the balance of the principal amount of the apportionment for the site or plans and specifications, and accrued interest thereon, shall not be payable pursuant to Section 16039, but shall be added by the Controller to, and become a part of, any apportionment for construction pursuant to Section 16041, as if an apportionment had been made for the construction and had become final upon the date construction began. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16040. Source version: id_ce2d4016-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. In any month in which the priority point procedures prescribed by Section 16007 are utilized, the board may apportion to school districts, under Section 16039, not more than the sum of four hundred thousand dollars ($400,000); provided that any amount apportioned or made final pursuant to subdivision (c) of Section 16058 shall not be subject to the limitation. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16041. Source version: id_ce2d4018-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. If an apportionment is or has been made at any time after September 9, 1953, for construction on a site for which an apportionment was made pursuant to Section 16039, from and after the date the apportionment for construction becomes, or became, final, no repayment deductions by the Controller pursuant to Section 16080 attributable to the apportionment for the site shall thereafter be made, except that any the repayment deductions attributable to the site apportionment which would otherwise be made by the Controller during the fiscal year in which the construction apportionment becomes final shall be made during the fiscal year only. The balance of the principal amount of the apportionment for the site, and accrued interest thereon, shall be added by the Controller to and become part of the apportionment for construction, as of the date of the apportionment, and repaid in the manner otherwise prescribed by this article. The Controller shall promptly notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of any revision required by this section of any previous computation made by him or her pursuant to Section 16089. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16042. Source version: id_ce2d401a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. In addition to any powers granted the board under this chapter, the board shall have authority to make apportionments to school districts for the purchase of sites and construction or purchase of temporary and portable buildings thereon, or for the construction alone, and for the cost of site preparation, including necessary utility costs, in connection with their utilization. The board may establish standards in conjunction with the State Department of Education pertaining to said sites and facilities as a condition of making the apportionments. In addition, the board may expend moneys from the State School Building Aid Fund directly for the construction, acquisition, storage, maintenance and repair of the buildings, and administrative costs relating thereto. In the event the board may lease, sell or transfer under a lease-purchase agreement the buildings to eligible school districts or to county superintendents of schools. Any agreements with school districts may provide for the payment by the state of site preparation costs, including necessary utility costs, sufficient to permit the utilization of the facilities. Any building leased for placement on the school property or under a purchase or a lease-purchase agreement shall be deemed the construction or alteration of a school building as those terms are defined in Sections 17280 to 17313, inclusive. The consideration payable by either school districts or county superintendents for the facilities shall, as nearly as practicable, reflect an amount which would render to the state a fair return, as determined by the board, on its investment in said facilities and expenditures connected with their utilization, in the light of the benefits conferred by the agreement pertaining thereto. The county superintendent of schools may contract with eligible school districts respecting and transfer to them by lease, lease-purchase or sale, facilities acquired by him or her from the board, provided that the agreements are not inconsistent with the rights of the state under any agreement between the superintendent and the board respecting the property. Repayments to the state as due shall be made by the county superintendent from the funds received from the affected school districts, and, if necessary to make the same when due, from the county school service fund, upon which he or she is authorized to draw requisitions for this purpose. The fund shall be reimbursed for the withdrawals from any payments made by the affected districts to the county superintendent not required when made for the discharge of any obligations of the county superintendent hereunder to the state. No transfer of any property acquired directly by the board to any school district by lease or otherwise shall be made either by the board or county superintendents without the approval of the State Department of Education solely as to (1) the property to be transferred, including incidental construction, if any, connected therewith, (2) whether the same shall be by lease or sale, and (3) if less than a sale, the term of the lease, including any contingent or indefinite term. The board, affected school districts, and county superintendents of schools are authorized to do any and all things necessary to carry out the purposes of this section. Payments required of any affected school districts under any agreement entered into pursuant to this section shall be made promptly when due. Whenever the board deems it economically desirable in the state’s interest to do so, it may dispose of any facilities directly acquired by it to any public or private parties in the manner and under the terms as it deems best, providing that the disposition is not inconsistent with any agreements previously entered into under this section. The term “eligible school districts” as used in this section, shall be deemed to refer to those districts which at the time an agreement contemplated hereunder is entered into would upon proper application have been eligible to receive an apportionment under this chapter, provided that solely for the purpose of determining the eligibility the board, or the county superintendent of schools in agreements with districts hereunder, may waive construction area restrictions pertaining to apportionments under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16043. Source version: id_ce2ec6bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. If, after a conditional apportionment has been made to a school district, legal proceedings initiated prior or subsequent to the making of any conditional apportionment prevent the taking, within the period during which the conditional apportionment remains effective under Section 16024, of the actions necessary to permit the conditional apportionment to become final, the conditional apportionment shall nevertheless remain effective for a period of nine months from the date upon which such legal proceedings are finally determined. The amount of the apportionment may be diminished by the board after a second investigation at which the board shall determine whether conditions existing at the time it approved the project for which apportionment was made have so changed that the needs of the district are less than originally determined, and if so, the conditional apportionment shall be reduced by a corresponding amount. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16044. Source version: id_ce2ec6be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. No apportionment shall be made for new construction which, when added to the area of adequate school construction existing in the applicant school district at the time of application, will provide a total area of school building construction per unit of average daily attendance of the estimated average daily attendance in excess of that computed in accordance with Sections 16047, 16052, 16053, 16054, and 16055. As used in Sections 16047, 16052, 16053, 16054, and 16055, “maximum area” means maximum area of school building construction and “attendance unit” means unit of estimated average daily attendance. As used in this section and Sections 16053, 16054, and 16055, “attendance center” means a school maintained or to be maintained at a given location within a district. The State Department of Education shall approve or disapprove the allocation by an applicant district of units of estimated average daily attendance among the attendance centers of the district. To the building area permitted to an applicant school district by Sections 16047, 16052, 16053, 16054, and 16055, there may be added any additional building area that may be required to provide adequate facilities for exceptional children pursuant to Article 3 (commencing with Section 16190) of this chapter. No estimate of average daily attendance made by an applicant for the purpose of justifying an apportionment shall be made for a longer time than the third fiscal year beyond the fiscal year in which an application is made, except that an estimate for the purpose of justifying an apportionment for a grade level maintained by a unified district, under an application filed prior to September 15, 1961, or by a high school district composed of grades 7 to 12, inclusive, 9 to 12, inclusive, or 7 to 10, inclusive, or of justifying an apportionment for a unified district for a junior high school or high school project under an application made on or after the effective date shall not be made for a longer time than the fourth fiscal year beyond the fiscal year in which the application is made. Except as otherwise provided by the board, the estimates of average daily attendance shall be based upon the number of family dwellings and mobilehome parks, as defined in Section 18214 of the Health and Safety Code, under construction or newly constructed and never occupied in the district and the number of children residing in the district. In no case shall an estimate be given effect unless approved by the board. For the purposes of this chapter pupils attending grades 7 and 8 in an elementary district but residing in a high school district which maintains one or more junior high schools shall not be considered in determining or estimating the average daily attendance of the elementary district, unless the elementary district is maintaining and has continuously maintained grades 7 and 8 since a date prior to January 1, 1959, or unless the electorate of the district, during the year 1974, has authorized the return of the seventh and eighth grade pupils from the high school district and the maintaining of grades 7 and 8 in the elementary district. When pupils attending grades 7 and 8 are so considered in determining or estimating the average daily attendance of the elementary district in making apportionment to the elementary district, these pupils shall not be considered in determining or estimating average daily attendance of the high school district in making an apportionment to the high school district for junior high school purposes. The board shall develop statewide or areawide averages of pupil occupancy for family dwellings of various sizes and for mobilehomes of various sizes for use by applicant school districts in estimating the average daily attendance of family dwellings and mobilehome parks under construction or newly constructed and never occupied in the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16045. Source version: id_ce2ec6c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. (a) The board by the adoption of rules shall provide for the manner of determining the area of adequate school construction existing in an applicant school district at the time of application. The rules shall define and provide for the method of determining building areas that are to be included in whole or in part, or to be excluded from the area of existing adequate school construction. The board may make exceptions to this section or to the rules adopted pursuant to this section when it determines that the exceptions will be for the benefit of children affected. For the purposes of this section, “service area” may be defined as any of the following: (b) (1) Buildings which when constructed were intended to be used for a purpose to which the provisions of Sections 17280 to 17313, inclusive, would not apply, whether or not those sections were in effect at the time when the building was constructed. (2) Buildings which when constructed were intended to be used for a purpose to which Sections 17280 to 17313, inclusive, would apply, whether or not those sections were in effect when the building was constructed, but which building has been converted or is intended to be converted, as shown by the application, to use for purposes to which the sections would not apply. Service area may include, but is not limited to, construction used as bus garages, maintenance shops, centrally located district storage and warehouses, custodial houses, utility shelters, administration offices, transformer vaults, and service yards. (c) In the event that a school district has expended funds for the purpose of constructing buildings used for housing certificated employees of the district and their families, the area of the buildings and the funds expended therefor shall be accounted for in the following manner: (1) The area of the buildings constructed or acquired with the proceeds of a tax levied under Sections 14200 to 14240, 42200 to 42247, and 45020, inclusive, shall be excluded from the building area of the district. (2) The area of the buildings constructed or acquired with the proceeds from the sale of school district bonds prior to July 1, 1961, shall be excluded from the building area of the district, however, the bond funds shall not be considered as “eligible bonded debt service” as defined in subdivision (d) of Section 16070 and Section 16084. (d) The board shall exclude from the building area of a district: (1) The area of any building which is or will be used exclusively for a parent cooperative nursery education facility, and for no other purpose, and which building at the time of acquisition thereof by the district was incidental to the purchase of a schoolsite and unsuitable for classroom purposes or which was acquired by the district without expenditure of school district funds. (2) The area of any building which is or will be used exclusively for a preschool educational program facility pursuant to Chapter 4 (commencing with Section 54400) of Part 29, or Chapter 2.5 (commencing with Section 16150) of Part 4 of Division 9 of the Welfare and Institutions Code, or any combination thereof; provided, that the building was constructed, leased, or purchased with local general funds, or federal or state funds allocated specifically for a preschool educational program. (e) The area of adequate school construction existing in a district at the time of application shall be initially computed as all of the construction area of a district except all of the following: (1) The areas as may be eligible for replacement under standards established by the board. (2) The areas in an existing structurally inadequate building for which an application has been filed for structural rehabilitation or in a building previously structurally rehabilitated under either Chapter 6 (commencing with Section 15700) or Sections 16000 to 16207, inclusive, that exceeds the maximum building area allowed by Section 16044 for a number of pupils, equivalent to those that could be housed in the building after rehabilitation. The board shall prescribe by rule the method of computing the number of pupils which could be so housed for the purposes of this subdivision. (f) If the area of adequate school construction, when added to the minimum facilities needed by the district, results in a total construction area in excess of the amount prescribed in Section 16044, then the board may make the following adjustments to the initial computation or the revisions thereof as the board, in its discretion, deems desirable: (1) Service areas constructed prior to July 19, 1947, shall be excluded, except as provided in paragraph (3). (2) Service areas constructed subsequent to July 19, 1947, shall be recomputed by multiplying the total number of square feet of said service area by the percentage determined from dividing the actual construction cost per square foot as determined by the Director of General Services by the estimated average cost per square foot of the new school facilities for which the district has made application. (3) If any inadequate nonservice area constructed prior to July 19, 1947, is, or will be, converted to a service area, the area shall be recomputed by multiplying said area by the percentage determined by dividing the depreciated value of said area by the replacement cost as the value and cost are determined by the Director of General Services. (4) If, after the revised computation of service areas is made as prescribed under paragraphs (1), (2), and (3), the existing and requested building area of the district is in excess of the schedule set forth in Section 16044, the existing building area of nonservice facilities may be determined on the basis of the number of pupils housed by the facilities at an allowance per pupil which is not more than 25 percent in excess of the amount per pupil prescribed in Section 16044. The board shall prescribe by rule the method for computing the number of adequately housed pupils for purposes of this subdivision. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16046. Source version: id_ce2ec6c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Any building area excluded from the computation of adequate school building construction by adjustments made under Section 16045 shall not be subsequently included in computing the area of adequate school construction by reason of its having been converted to usable instructional area used exclusively for vocational educational programs, provided the conversion was accomplished with federal or district funds, allocated specifically for that purpose, other than state apportionment funds or bond funds required to be contributed to the State School Building Aid Program. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16047. Source version: id_ce304d64-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. There shall be allowed to each district with attendance units of 300 or more in kindergarten and grades 1 to 6, inclusive, a maximum area of 55 square feet for each attendance unit of the district in kindergarten and grades 1 to 6, inclusive. The maximum total building area per attendance unit allowed to applicant districts with attendance units of less than 300 in kindergarten and grades 1 to 6, inclusive, for the attendance units shall be determined by the board, and shall be building area to provide comparable facilities to those provided by the first paragraph of this section, and shall be the least building area required to house adequately the estimated average daily attendance and the normal instructional and other services. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16048. Source version: id_ce304d66-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The area of any building constructed by a school district after September 11, 1957 with any funds other than state or federal funds given or bequeathed to the district after the effective date, and the area of any building given, devised or bequeathed to a school district by any entity other than the state or federal government after the effective date, including any building given to a district by any city, county or political subdivision of this state, shall not be included in any computation of the area of adequate school construction existing in any applicant school district under this chapter. For the purposes of this section, any building leased to a school district for a term exceeding 24 years and for an annual rental of not exceeding five dollars ($5), shall be construed as constituting a gift to the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16049. Source version: id_ce304d68-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The area of any classroom or building used for adult education classes during the regular schoolday, except a building area that has been constructed or acquired with the proceeds from the sale of school district bonds or state or federal funds allocated to the district under any state school building aid program, shall not be included in any computation of the area of adequate school construction existing in any applicant school district under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16050. Source version: id_ce304d6a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The area of any building, the construction of which was financed by the proceeds from a tax levied pursuant to former Section 16633, shall not be included in any computation of the area of adequate school construction existing in any applicant school district under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16051. Source version: id_ce31d40c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The area of any building which has not been constructed or reconstructed under the provisions of Sections 17280 to 17313, inclusive, shall not be included in any computation of the area of adequate school construction under this chapter, provided that such area is being used exclusively for adult education classes during the regular schoolday and that the operation of such classes has been approved by the State Department of Education. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16051.5. Source version: id_ce31d40e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The area of any building, the construction of which was financed by the proceeds of a tax levied pursuant to Section 49502, shall not be included in any computation of the area of adequate school construction existing in any applicant school district under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16052. Source version: id_ce31d410-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. There shall be allowed to each district a maximum area of 75 square feet for each attendance unit of the district in grades 7 and 8. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16053. Source version: id_ce31d412-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The allowance of maximum area to a district for the attendance units in junior high schools of the district composed of grades 7 to 9, inclusive, or 7 to 10, inclusive, shall be determined pursuant to this section, rather than Sections 16052 and 16054. This section does not apply to junior high schools composed of grades 7 and 8 only. There shall be allowed to each district a maximum area for the attendance units of the district in junior high schools determined by computing, in accordance with the following paragraph, the number of square feet for the attendance units at each junior high school attendance center of the district, and totaling the number of square feet so determined for all attendance units in all such junior high school attendance centers of the district. There shall be allowed a maximum area of 75 square feet for each attendance unit of the junior high attendance center in grades 7 and 8. For each attendance unit in grade 9, or grades 9 and 10, as the case may be, at each junior high school attendance center, there shall be allowed a maximum area of a number of square feet equal to the number of square feet which would be allowed under Section 16054 for each attendance unit of an attendance center having a total number of attendance units equal to the total number of attendance units in grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case may be, at the junior high school attendance center. The number of square feet which would be allowed under Section 16054 for each attendance unit of an attendance center shall be computed by determining in accordance with that section the total number of square feet which would be allowed at an attendance center and dividing such total number of square feet by the total number of attendance units at such attendance center. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16054. Source version: id_ce31d414-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. There shall be allowed to each district a maximum area for the attendance units of the district in grades 9 to 12, inclusive, determined by computing, for the attendance units in grades 9 to 12, inclusive, at each attendance center of the district, a number of square feet for the number of attendance units in such grades at each attendance center, in accordance with the following table, and totaling the number of square feet so determined for all attendance units in such grades of all attendance centers of the district: Attendance units of attendance center Maximum number of square feet of building area 1-50 ........................ 18,000 51-100 ........................ 18,000 plus 162 for each attendance unit over 50 101-200 ........................ 26,100 plus 99 for each attendance unit over 100 201-300 ........................ 36,000 plus 60 for each attendance unit over 200 301-600 ........................ 42,000 plus 54 for each attendance unit over 300 601-1,800 ........................ 58,200 plus 80 for each attendance unit over 600 Over 1,800 ........................ 154,200 plus 85 for each attendance unit over 1,800 (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16056. Source version: id_ce335ab7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. When a unified district which is otherwise qualified for an apportionment under this chapter applies for an apportionment and the area of adequate school construction existing in any one of the component elementary districts included in the unified district is of such an amount that the district is prevented, by Sections 16044 to 16055 inclusive, from receiving an apportionment, the maximum area of school construction for each unit of attendance, for elementary school construction prescribed by such sections, may be computed separately for each component elementary district without regard to the area of adequate school construction existing in the other component districts, and apportionments made to the unified district on the basis of such separate computations. On request of the governing board of the unified district the State Superintendent of Public Instruction shall make or cause to be made a survey of building needs in the district and the area computations for elementary school construction. He or she shall report his or her findings and recommendations to the board for consideration in connection with any application before the board from the unified school district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16057. Source version: id_ce34e159-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Payment shall be made in accordance with the terms of a final apportionment, either directly or by way of reimbursement, to a school district for expenditures, or commitments therefor, which have been made by the district for any items approved by the board in the apportionment, provided, the construction contract has been let no earlier than two years preceding the date the application is received by the board. Where expenditures were made for, or work was commenced with respect to, any item so approved, prior to the time the application of such district containing such item was received by the board, payment or reimbursement for the item, either with state funds or with district funds which the district is required to contribute by the apportionment, shall be made only upon authorization of the board by special resolution citing this section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16058. Source version: id_ce34e15b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. No apportionment to a school district shall become final unless: (a) the total amount of outstanding bonds of the district exceeds 95 percent of the basic bond requirement of the district on the date the conditional apportionment is made, or (b) if the total amount of the bonds of the district outstanding and unpaid is within twenty-five thousand dollars ($25,000) of the basic bond requirement of the district, as of the date on which the conditional apportionment is made, or (c) the district has issued and sold pursuant to this section, and as a condition to the initial conditional apportionment, an amount of bonds equal to the total cost of the project for which the apportionment was made, including necessary contingencies. At the time the board makes a conditional apportionment pursuant to Section 16024, it shall determine the total amount of bonds which shall be issued and sold by the district, the proceeds of which shall be applied toward the cost of the project for which the apportionment is sought. The amount so determined by the board shall be not less than the minimum amount required for the apportionment to become final under this section. Any apportionment made by the board pursuant to Section 16024 shall be conditioned upon the approval and sale of the bonds by the district. The amount of any apportionment for a construction project made as a consequence of applying district bond proceeds toward the reduction of prior apportionments pursuant to this section instead of applying the district bond proceeds toward the cost of the construction project, shall be excluded in determining the amount chargeable against the apportionments authorized by the electorate of the district to be accepted, expended and repaid. It is hereby declared that this provision, added by the amendment to this section enacted at the 1958 First Extraordinary Session of the Legislature, is not intended as a change in the law, but rather as a declaration of existing law. Any provision of this code to the contrary notwithstanding, whenever the electors of a district, subsequent to any requirement by the board for the sale of bonds in connection with an apportionment, authorize the issuance of bonds for any purpose for which an apportionment could lawfully be made, the authorization shall, in addition to the purposes specified, be deemed to constitute the consent of the electors to apply the proceeds of the bonds so required to be sold by the board toward the reduction of any apportionment previously made to the district. Any bond funds used to reduce any apportionment pursuant to this section shall be transferred to the State School Building Aid Fund and shall be available for reapportionment by the board. The amount so determined by the board shall be not less than the minimum amount required for the apportionment to become final under this section. Any apportionment made by the board pursuant to Section 16024 shall be conditioned upon the approval and sale of the bonds by the district. No apportionment to a school district under this chapter shall become final, nor any agreement authorized by Section 16042 be entered into unless at an election called by the governing board of the district, two-thirds of the qualified electors of the district voting thereat have authorized the governing board to accept, expend and repay as provided in this chapter and apportionment under the provisions thereof or, with respect to the agreement, to obligate the district in an amount equal to or in excess of the maximum amount which the district could be obligated by the agreement, or by any act of its governing board or for which it is responsible, contemplated or permitted thereby. The election shall be called, held and conducted in the same manner as are elections to authorize the issuance of school district bonds, except that the ballot shall contain substantially the following words: “Shall the governing board of the district be authorized (1) to accept and expend an apportionment from the State of California under and subject to the provisions of Chapter 8 (commencing with Section 16000) of Part 10 of Division 1 of Title 1 of the Education Code, which amount is subject to repayment as provided by said chapter, or (2) to enter into an agreement or agreements with the state pursuant to Section 16042 of the Education Code, which will at the time of such agreement or agreements (or at the time of any subsequent act of the governing board, or for which it is responsible, contemplated or permitted thereby) commit the district to a total expenditure in connection with all such agreements of not more than ____ dollars ($____), or both. Yes__ No__.” (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16059. Source version: id_ce34e15d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any provision of Section 16058, if a previously eligible applicant school district has received apportionments and has realized savings in state aid apportionments or district contributions, or both, including any interest earned thereon, on completed projects pursuant to this chapter, which projects have not been reduced to final costs, the district may apply for, and shall be granted, final apportionments for additional eligible facilities in a total amount not to exceed those project savings. The project savings for which a district has applied pursuant to this section shall not be considered excess apportionments or unencumbered balances for the purposes of Sections 16100 and 16104. In no event shall the grant of the project savings to the district pursuant to this section extend the repayment period of any prior apportionments for the purposes of canceling the interest and principal payable thereon pursuant to Section 16083. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16060. Source version: id_ce34e15f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any provisions of Section 16058, if an applicant district issues and sells bonds prior to an apportionment in an amount which results in its being on the date of the apportionment within five thousand dollars ($5,000) of the basic bond requirement of the district, and makes the entire proceeds of the bond issue available for the purposes of the apportionment, or as a condition of an apportionment is required by the board to sell bonds to within five thousand dollars ($5,000) of the basic bond requirement of the district, and to make the proceeds available for the purposes of Section 16058, the district shall remain qualified to receive an apportionment or apportionments prior to the next equalized assessment of the county or counties in which said district is located without being required to issue and sell additional bonds, notwithstanding the retirement of any bonds of the district or territorial changes therein subsequent to any apportionment referred to in this section and prior to the next equalized assessment. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16061. Source version: id_ce34e161-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Immediately after the result of the election has been determined, the county superintendent of schools shall make a certificate in duplicate stating whether the bonds have been authorized in the amount prescribed by the board and whether the school district has authorized the acceptance and expenditure of the apportionment. One copy of the certificate shall be sent to the board and one copy to the Controller. When the bonds authorized have been issued and sold and the proceeds thereof made available for the purposes of the application, the county superintendent of schools shall also certify this fact to the board and the Controller. Upon the receipt by the board of the certificates stating that the bonds have been issued and sold and the proceeds made available for the purposes of the application, the apportionment shall become final. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16062. Source version: id_ce366803-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The election by a school district upon the acceptance, expenditure, and repayment of an apportionment prescribed by Section 16058 may be called and held either before or after the making of an apportionment except that no election shall be held within 45 days before a statewide election or within 45 days after a statewide election unless conducted at the same time as that statewide election, subject to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16063. Source version: id_ce366805-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Whenever a conditional apportionment has, prior to January 1, 1980, been made to an applicant school district pursuant to this chapter and thereafter the county superintendent of schools of the county having jurisdiction over the district has certified to the board and the Controller that at an election called, held and conducted in the district for that purpose, two-thirds of the qualified electors of the district voting thereat authorized the governing board of the applicant school district to accept, expend and repay an apportionment under this chapter, and whenever thereafter the county superintendent of schools has certified to the board and the Controller that the amount of bonds, if any, required by the board, as a condition to the apportionment becoming final, have been issued and sold and the proceeds thereof made available for the purposes of the application and the board has certified to the Controller that the apportionment to the applicant school district has become final, the final apportionment is hereby confirmed, ratified, and validated, and any expenditure of money from the State School Building Aid Fund according to the terms of the final apportionment is hereby confirmed, ratified, and validated. Notwithstanding any provision to the contrary, no funds authorized by any bond act for the purpose of this chapter shall be made available for expenditure without specific authority of the board or its delegated representative. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16064. Source version: id_ce366807-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. If the board has made an apportionment to a school district after November 1, 1960, upon the condition that the district issue and sell district bonds in an amount prescribed by the board, and an election was heretofore held in the district at which two-thirds of the voters voting on the proposition to authorize the issuance and sale of bonds in an amount sufficient to meet the condition of the apportionment voted in favor thereof, all acts or proceedings heretofore taken by or on behalf of the school district, under any law, or under the color of any law, for the authorization, issuance, sale or exchange of the bonds of the school district for any public purpose are hereby confirmed, validated and declared legally effective. This shall include all acts and proceedings of the governing board of the school district, and of any person or officer, heretofore done or taken upon the authorization, issuance, or sale of the bonds. All bonds of any the school district heretofore authorized to be issued and hereafter issued and delivered in accordance with the authorization shall be the legal, valid and binding obligations of the district. As used in this section the word “hereafter” means any time on or subsequent to the effective date of this section and the word “heretofore” means any time prior to the effective date. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16065. Source version: id_ce366809-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any provision to the contrary after June 28, 1955, at the time the board makes an apportionment, the board, with the approval of the Director of General Services, shall, pursuant to this section, fix the rate of interest to be paid by the district on the sum apportioned to it. The board shall compute the average of the rates of interest which the state pays upon the state school building bonds, authorized by Article XVI, sold at the three sales of state school building bonds occurring immediately prior to the apportionment, or, if the board so determines, at all of the sales of the bonds occurring in the two years immediately prior to the apportionment, giving effect to the price at which the state school building bonds sold at the sales, and the premium, if any paid, thereon. The average rate shall be adjusted to the next highest one-tenth of 1 percent to cover the cost of sale and issuance of the bonds and costs of administration. The adjusted average rate shall be the rate paid by the district on its apportionment, and shall be compounded annually through the 30th day of June of each year. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16066. Source version: id_ce36680b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Apportionments may be made irrespective of whether there is on deposit at the time thereof a sufficient amount in the State School Building Aid Fund to permit the payment of the apportionments. Disbursements may be made under any apportionment which heretofore or hereafter becomes final from any funds in the State School Building Aid Fund without regard to whether there exists at the time of the disbursement a sufficient amount in the fund to permit the payment in full of all apportionments previously made. However, no disbursements shall be made from any funds in the State School Building Aid Fund required by law to be transferred to the General Fund, or from any moneys therein which the Controller deems necessary to satisfy appropriations from the fund for purposes other than apportionments. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16067. Source version: id_ce37eead-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. No apportionment shall be made to a district for the construction, reconstruction, or alteration of, or addition to, school buildings if the requirements prescribed by this code for the construction of school buildings are not met by the plans for the entire building program of the district in connection with which the district applied for an apportionment or for any project or part thereof which has not been approved by the State Department of Education. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16068. Source version: id_ce37eeaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. If any school district receives a final apportionment under this chapter and after November 12, 1952, receives money from the federal government as reimbursement for any expenditures by the state or school district for constructing any school facilities included in the construction project for which the district is receiving an apportionment, the amount of the district’s annual repayment next succeeding the date on which the district receives the money shall be increased by the amount of the money so received; provided, however, that the annual repayment of the district shall not be so increased where the money received from the federal government constitutes a contribution toward the cost of school facilities which are to be acquired, in part, with an apportionment, and the federal funds are encumbered or expended by the district in accordance with the purposes of the apportionment. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16069. Source version: id_ce37eeb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Each district to which an apportionment has been made under this chapter shall repay the principal amount of the apportionment and the accrued interest thereon in the amount and in the manner provided in this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16070. Source version: id_ce37eeb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The following definitions apply to the computation and determinations required to be made under Section 16072, 16074, and 16075, and they apply with respect to each grade level of a district for which grade level an apportionment has become final during any preceding fiscal year. (a) “Forty-cent tax amount” means the amount that would be produced by a tax of forty cents ($0.40) on each one hundred dollars ($100) of assessed valuation, to and including 1980–81 fiscal year. For the 1981–82 fiscal year and thereafter, the tax shall be 0.10 percent of the full valuation. This tax amount shall exclude the full value of solvent credits and other intangible property, for the current fiscal year within the district. (b) “Thirty-cent tax amount” means the amount that would be produced by a tax of thirty cents ($0.30) on each one hundred dollars ($100) of the assessed valuation to and including the 1980–81 fiscal year. For the 1981–82 fiscal year and thereafter, the tax shall be 0.075 percent of the full valuation. (c) “Ten-cent tax amount” means the amount that would be produced by a tax of ten cents ($0.10) on each one hundred dollars ($100) of the assessed valuation to and including the 1980–81 fiscal year. For the 1981–82 fiscal year and thereafter, the tax shall be 0.025 percent of the full value. (d) “Eligible bonded debt service” means the amount raised and to be raised by the district during the current fiscal year for the repayment of principal and interest on the portion of the bonded indebtedness of the district that was incurred for each the grade level prior to the making of the first apportionment for grade level to the district under the provisions of this chapter computed as provided in Section 16072 plus the amount of the annual repayment under Chapter 6 (commencing with Section 15700) of this part, provided that for the purposes hereof the first apportionment made to a district for a grade level after all previous apportionments to the district for that grade level have been repaid in full, excluding apportionments made under Section 16039 and not combined with construction apportionments, shall be deemed to be the “first apportionment for the grade level.” (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16071. Source version: id_ce37eeb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. This section applies only to a unified school district that filed an application on or after April 30, 1977, for an apportionment for a grade level consisting of kindergarten, if any, and grades 1 to 12, inclusive, and the repayments required for apportionments made under those applications. The following definitions apply to the computation and determinations required to be made under Sections 16072, 16074, and 16075, and they apply with respect to the grade level of a unified school district for which grade level an apportionment has become final during any preceding fiscal year: (a) “Forty-cent tax amount” means the amount that would be produced by a tax of 0.20 percent of full valuation for the current fiscal year within the district. (b) “Thirty-cent tax amount” means the amount that would be produced by a tax of 0.15 percent of full valuation for the current fiscal year within the district. (c) “Ten-cent tax amount” means the amount that would be produced by a tax of 0.05 percent of full valuation for the current fiscal year within the district. (d) “Eligible bonded debt service” means the amount raised and to be raised by the district during the current fiscal year for the repayment of principal and interest on the portion of the bonded indebtedness of the district that was incurred for each grade level prior to the making of the first apportionment for the grade level to the unified school district under this chapter computed as provided in Section 16072 plus the amount of the annual repayment under Chapter 6 (commencing with Section 15700) of this part. If the unified school district’s first apportionment under this chapter was for a grade level consisting of kindergarten, if any, and grades 1 to 6, inclusive, grades 1 to 8, inclusive, grades 7 to 12, inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive, “eligible bonded debt service” means the amount raised and to be raised by the district during the current fiscal year for the repayment of principal and interest on the portion of the indebtedness that was incurred for elementary and high school purposes prior to the making of the first apportionment under this chapter computed as provided in Section 16072 together with the amount of the annual repayment under Chapter 6 (commencing with Section 15700) of this part. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16071.5. Source version: id_ce397557-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The amounts raised and to be raised by the district during the current fiscal year for repayment of principal and interest for any bonds, issued and sold by an applicant district, which are in excess of the “basic bond requirement,” as defined in Section 16002.5, shall not be considered as “eligible bonded debt service” for purposes of computing repayments or deferments pursuant to Sections 16070, 16072, 16073, 16084 and 16086. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16072. Source version: id_ce397559-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. On or before the first day of December of each fiscal year, the Director of General Services shall determine for each grade level and certify to the Controller the eligible bonded debt service for the district, as follows: (a) He or she shall determine the amount of the bonded indebtedness that was incurred by the district for each grade level, when bonds were issued and sold for purposes of more than one grade level. When one or more additional apportionments have been made to a grade level of a school district, conditioned upon the issuance and sale of additional bonds of the district or upon the requirement that the proceeds of bonds issued and sold be contributed for the purposes of the application for which the apportionment is made, the Director of General Services shall determine and include in the eligible bonded debt service and in his certificate the amount raised and to be raised by the district during the current fiscal year for the payment of principal and interest on that portion of the additional bonded indebtedness of the district that was incurred for each such grade level as a condition to receiving the additional apportionment or which was incurred for bonds issued and sold, the proceeds of which were required to be contributed for purposes for which the apportionment was made. (b) If the Director of General Services determines in any fiscal year that the amount certified to the Controller as the eligible bonded debt service during the last preceding fiscal year is more than the amount actually raised by the district for the repayment of principal and interest of the bonded indebtedness referred to in subdivision (d) of Section 16070 and subdivision (a) of this section, then the Director of General Services shall subtract from the amount determined as the eligible bonded debt service for the current fiscal year an amount equal to the difference between the amount actually raised by the district during the preceding fiscal year for the repayment of such bonded indebtedness and the amount so certified by the Director of General Services. (c) If the Director of General Services determines in any fiscal year that the amount certified to the Controller as the eligible bonded debt service during the last preceding fiscal year is less than the amount actually raised by the district for the repayment of principal and interest of the bonded indebtedness referred to in subdivision (d) of Section 16070 and subdivision (a) of this section, then the Director of General Services shall add to the amount determined as the eligible bonded debt service for the current fiscal year an amount equal to the difference between the amount actually raised by the district during the preceding fiscal year for the repayment of the bonded indebtedness and the amount so certified by the Director of General Services. (d) If an apportionment has been made to a district for a grade level for which the district also received an apportionment pursuant to Chapter 4 (commencing with Section 15700) of this part, the Controller shall determine the amount of the annual repayment, if any, due from the district during the next succeeding fiscal year for the grade level as required by Chapter 4 (commencing with Section 15700) of this part and the amount shall be included by the Controller in the eligible bonded debt service of the district for that grade level. For an apportionment to a unified district for a grade level consisting of kindergarten, if any, and grades 1 to 12, inclusive, for which an application for an apportionment was filed on or after the effective date of the amendment to this section made at the 1961 session of the Legislature, if an apportionment had also been made to the district pursuant to Chapter 4 (commencing with Section 15700) of this part for a grade level consisting of kindergarten, if any, and grades 1 to 6, inclusive, or 1 to 8, inclusive, or grades 7 to 12, inclusive, 9 to 12, inclusive, or 7 to 10, inclusive, the Controller shall determine the amount of the annual repayment, if any, due from the district during the next succeeding fiscal year for all of the grade levels as required by Chapter 4 (commencing with Section 15700) and the amount shall be included by the Controller in the eligible bonded debt service of the district for the grade level consisting of kindergarten, if any, and grades 1 to 12, inclusive. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16072.5. Source version: id_ce39755b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Whenever a school district has applied the proceeds of a sale of local bonds to a project pursuant to subdivision (c) of Section 17032, the Director of General Services shall include in the determination of the eligible bonded debt service of the district, the amount raised or to be raised for repayment of principal and interest on that portion of the bonded indebtedness of the district generating the proceeds. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16073. Source version: id_ce39755d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Whenever (a) a school district which has not sold bonds within two fiscal years immediately preceding the fiscal year in which a repayment computation is made pursuant to this article; and (b) the district is not eligible for deferment under Section 16084 or 16086 and has been required during the fiscal year in which repayment computations are made to issue bonds in order to qualify for an apportionment; and (c) no funds for the required bond issue have been provided during that year in the district’s bond interest and redemption fund budget, the Director of General Services shall determine the eligible portion of the amount required from taxes for the required issue during the next succeeding fiscal year and shall certify the amount to the Controller as additional eligible debt service prior to the levy of taxes during such fiscal year. The provisions of this section shall apply to the qualifying bond requirements commencing with the 1972–73 fiscal year. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16074. Source version: id_ce3afbff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. On or before the first day of January of each fiscal year, the Controller shall compute for each grade level of a district for which grade level an apportionment has become final during any preceding fiscal year the 40-cent tax amount, the 30-cent tax amount and the 10-cent tax amount. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16075. Source version: id_ce3afc01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. On or before the first day of January of each fiscal year the Controller shall determine the annual repayment, if any, to be due from each district during the next succeeding fiscal year, as follows: (a) If, for any grade level of a district, the amount of the eligible bonded debt service exceeds the 40-cent tax amount, no annual repayment shall be due the state from such district with respect to such grade level during the next succeeding fiscal year. (b) If, for any grade level of a district, the 40-cent tax amount is greater than the eligible bonded debt service, the amount of such excess shall constitute the annual repayment due the state with respect to such grade level during the next succeeding fiscal year; except that if the eligible bonded debt service is less than the 10-cent tax amount, the annual repayment shall equal the 30-cent tax amount. (c) The total repayment for each district is the sum of the annual repayments determined for each grade level of the district under this section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16076. Source version: id_ce3afc03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Whenever the Director of General Services has certified an additional amount of eligible debt service under the provisions of Section 16073, the Controller shall make a recomputation of the annual repayment and notify, in writing, the board of supervisors of the county, the governing board of the district, the county auditor, and the county superintendent of schools having jurisdiction over the district of the revised repayment. The recomputation and notification shall be completed prior to the date on which the board of supervisors makes the levy of taxes for county purposes. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16077. Source version: id_ce3afc05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. If an apportionment is made for a project which includes a multipurpose room the board shall determine and specify the portion of the apportionment that is allocated to the cost of the multipurpose room. If a district receives an apportionment a portion of which is for a multipurpose room it shall repay the principal amount of such portion of the apportionment as an additional payment as provided by this section. Interest on the total apportionment shall be paid as provided in Section 16083. The repayment is in addition to the repayments required on the total of all apportionments to the district, which shall be repaid as otherwise provided in this chapter. Notwithstanding the provisions of Sections 16083 and 16087 for cancellation of the principal amount of apportionments the Controller shall continue to make the deduction provided by Section 16080 during each fiscal year thereafter until the principal amount of the portion of the apportionment that was allocated to the cost of the multipurpose room and was made and disbursed to the district has been withheld, or for an additional period of 10 years, whichever first occurs. At the expiration of 40 years from the first day of July of the fiscal year next succeeding the fiscal year in which the apportionment became final, the unpaid balance of the principal amount of the portion of the apportionment shall be canceled on the books of the State Controller and the provisions of Section 16083 shall thereupon become applicable thereto and the board shall execute a conveyance to the district as provided in Section 16087. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16078. Source version: id_ce3afc07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provision of this chapter, the total amount of the repayment made each year by each school district to which one or more apportionments have been made under this chapter shall not be less than the amount of the cost to the state for that year to pay principal and interest on the bonded indebtedness incurred to fund the apportionment or apportionments made to that district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16079. Source version: id_ce3afc09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provision of this chapter, and regardless of how many apportionments are made to a grade level of a school district under the provisions of this chapter, the total annual repayment for such grade level during any fiscal year, covering all such apportionments, shall not exceed the amount that would be computed under Sections 16070 to 16080, inclusive, for any one of such apportionments. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16080. Source version: id_ce3afc0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The Controller shall, during the next fiscal year following that in which he or she determines the annual repayment as herein provided, deduct the total amount of the annual repayment of each district in equal amounts from each of the February, March, April, and May installments of the apportionments made to the district from the State School Fund under Sections 46304, 46305, and 41050 and 92, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, and, on order of the Controller, the amount so deducted shall be transferred to the State School Building Aid Fund. All money transferred to the State School Building Aid Fund under this section shall be available only for transfer to the General Fund of Section 16403. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16080.5. Source version: id_ce3c82ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. (a) Notwithstanding any other provision of this chapter, for any school district that qualifies under subdivision (b), as certified by the State Allocation Board, the Controller, upon receipt of a written request to that effect from the governing board of the school district, shall reduce the tax amount that would otherwise be utilized in computing the district’s annual repayment obligation under this chapter by the amount of 50 percent. (b) Subdivision (a) shall apply to any school district in which, on or after January 1, 1989, the voters of the district approve a local general obligation bond measure, which measure includes within its purposes the funding of school facilities construction or reconstruction. Subdivision (a) shall apply to a district that qualifies under this subdivision as of the day following the date of that voter approval. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16081. Source version: id_ce3c82af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any provision of law to the contrary, whenever in any fiscal year, pursuant to Chapter 5 (commencing with Section 5096), Part 9, Division 1 of the Revenue and Taxation Code, a refund is made or a judgment rendered, as the case may be, for the return of an amount collected as school district taxes levied during a previous year upon secured or unsecured personal property, because it was determined that such property was exempt from taxation, and such property so determined to be exempt equals 1 percent, or more, of the assessed valuation in the school district upon which school district taxes for such previous year were levied, the Controller shall reduce the annual repayment of the district and the amount deducted from the State School Fund apportionment of such district for the fiscal year next succeeding that in which such refund was made or judgment rendered, by that amount by which the annual repayment and deduction of the district would have been reduced for the fiscal year next succeeding that in which such taxes were levied had the assessed valuation upon which such annual repayment was computed not included an amount of assessed valuation equal to the amount of assessed valuation of the property so determined to be exempt. The amount of annual repayment and deduction, reduced as required by this section, shall be the amount deducted by the Controller for the purposes of Sections 16080, 16089 and 16090 for the fiscal year in which such reduction is made. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16082. Source version: id_ce3c82b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. (a) Upon request of the district, the Controller shall use in computing the “40-cent, 30-cent, and 10-cent tax amounts” under Section 16070 the difference between the total assessed valuation of property in a district as shown on the equalized assessment roll for the current fiscal year and the assessed valuation of property as shown on the equalized assessment roll for the current fiscal year, in excess of 2 percent of such total assessed valuation, with respect to which revenues of the district taxes levied in the 1954–1955 fiscal year, or thereafter, have been impounded by the county auditor pursuant to Section 14240. Beginning with the 1981–82 fiscal year, the difference in excess of 0.50 percent of the total assessed value shall be used in the computation. If the request is received prior to August 1, 1955, with respect to the impounding of revenues of taxes levied during the 1954–1955 fiscal year, the Controller shall recompute the annual repayment of the district due during the 1955–1956 fiscal year on the basis of the reduced assessed valuation, and, on or before September 1, 1955, notify the officers and board referred to in Section 16089 of the recomputed annual repayment for the 1955–1956 fiscal year, and of the recomputed amount to be deducted from the State School Fund apportionment to the district during the 1955–1956 fiscal year. (b) Whenever, after July 1, 1955, the county auditor notifies the Superintendent of Public Instruction and the Controller of the release of impounded tax revenues to the school district, the Controller shall add to the annual repayment of the district for the first fiscal year or second fiscal year next succeeding that in which the notification of release was made, that amount by which the annual repayment of the district for a previous fiscal year was reduced by reason of the exclusion of assessed valuation with respect to tax revenues impounded and thereafter released. (c) The amount of annual repayment and deduction, increased or reduced as required by this section, shall be the amount deducted by the Controller for the purposes of Sections 16080, 16089, and 16090 for the fiscal year in which the increase or reduction occurs. (d) If a request is received from a school district and an annual repayment reduced pursuant to subdivision (a) hereof, Section 16081 shall not apply with respect to any tax revenues to which subdivision (a) applies. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16083. Source version: id_ce3c82b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The Controller shall make the deduction provided by Section 16080 during each fiscal year, as herein provided, until the principal amount of the apportionment made and disbursed to the district for the grade level, and all accrued interest due thereon, has been withheld; but no interest shall accrue, or become due and payable, to the state with respect to the principal amount of the apportionment, or any portion thereof, for any period of time following the expiration of 25 years after the first day of July of the fiscal year next succeeding the fiscal year in which the apportionment becomes final. At the expiration of 30 years from the first day of July of the fiscal year next succeeding the fiscal year in which the apportionment became final, the unpaid balance of the principal amount of the apportionment disbursed to the district, including all interest included in the principal amount as provided in Section 16088, shall be canceled on the books of the Controller; and the state shall have no further right to the repayment of the unpaid balance. Notwithstanding the provisions of this section, that portion of the “annual repayment,” if any, computed by the Controller under Section 16075 prior to the date of cancellation of the principal amount of an apportionment under this section, which has not been withheld by the Controller, as provided by Section 16080, prior to the date of the cancellation, shall be withheld by the Controller, as provided by Section 16080, subsequent to the effective date of the cancellation; and the amount so withheld shall be credited to the school district in determining the principal amount of the apportionment, including all interest included therein, which is canceled under the provisions hereof. The grade level shall be excluded from any computations provided under Sections 16070, 16071, 16072, 16074, and 16075, in making the computations, after the effective date of the cancellation, to determine the “annual repayment,” if any, that may thereafter be due the state from the school district with respect to other grade levels thereof. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16084. Source version: id_ce3c82b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. If, on or before June 30th of any fiscal year, the governing board of any school district files a request with the Controller for a deferment of the annual repayment due from the district during the next succeeding fiscal year for an apportionment received by the district pursuant to this chapter or Chapter 6 (commencing with Section 15700) of this part, and it is determined, in accordance with this section, that the district is entitled to a deferment of all or part of the annual repayment, the deferment shall be made in accordance with the determination. The request for deferment, having once been filed with the Controller, shall remain in effect each ensuing year, and the Controller shall continue to compute and allow the deferment in accordance with this section each year, until the time as the governing board of the school district files a written request with the Controller to discontinue the deferment. As used in the preceding paragraph, “any school district” means a district which is liable for the repayment of the principal amount of apportionments made to the district under the provisions of Chapter 4 (commencing with Section 15700) of this part and which has received a conditional apportionment under this chapter. The portion of the annual repayment to be deferred under this section shall be determined as follows: There shall be computed the amount required to be raised by taxes on property within the district, during the fiscal year in which the annual repayment is to be deducted pursuant to Sections 15735 and 16080, for the payment of principal and interest on (a) any bonded indebtedness incurred for school purposes prior to the first conditional apportionment to the school district under this chapter, (b) any bonded indebtedness which was incurred as a condition to any apportionment under this chapter, and (c) any bonded indebtedness incurred, the proceeds of which were required to be contributed for the purposes for which an apportionment was made under this chapter. To this amount shall be added the amount required during such fiscal year, for the annual repayment of school building apportionments under Chapter 4 (commencing with Section 15700) of this part and under this chapter. The total of these amounts shall constitute the “basic tax amount.” If the applicant district is a unified district, the amount to be deferred shall be separately considered for each grade level thereof. For this purpose, the basic tax amount shall only include the amounts specified in the preceding paragraph required to be raised for the repayment of principal and interest on bonded indebtedness which was incurred for, or as a condition to receiving an apportionment for, or required by the board to be contributed for the purposes of, the grade level being considered, plus those amounts required for the annual repayment of apportionments made under Chapter 4 (commencing with Section 15700) of this part for the grade level. It is hereby declared that this paragraph is not intended as a change in the present law but rather as a declaration of existing law. There shall be computed the amount which would be produced by a tax of forty-five cents ($0.45) on each one hundred dollars ($100) of assessed valuation of the district during the year, to be known as the “45-cent tax amount,” except beginning with the 1981–82 fiscal year, the amount shall be produced by a tax of 0.1125 percent of the full value. The amount of the annual repayment to be deferred during the fiscal year in which the annual repayment is due shall be the amount, if any, by which the basic tax amount exceeds the 45-cent tax amount. The amount deferred shall be added to the annual repayment for the next succeeding fiscal year. On or before the last day of July of each fiscal year, the Controller shall request the Director of General Services to, and the Director of General Services shall, determine and certify to the Controller the amount of bonded debt service included in the “basic tax amount.” On or before the third Monday in August of each fiscal year, the Controller shall request the county auditor of each county to, and the county auditor of each county shall, determine and certify to the Controller the current assessed valuation of property within each district which has filed a request for a deferment under this section. Before the date on which the board of supervisors makes the levy of taxes for county purposes, the Controller shall make the deferment determination required by this section for each district requesting a deferment, and, for each district which is entitled to a deferment, shall notify, in writing, the board of supervisors of the county, the governing board of the district, the county auditor, and the county superintendent of schools having jurisdiction over the district of the amount of the repayment of the district which is to be deferred under this section. For the purposes of this section the “annual repayment” means the amount of the annual repayment of the district due in a fiscal year as determined pursuant to Section 15733 and Section 16075, plus the then unpaid deferred amount of any annual repayment due in any previous fiscal years. Any repayments by a district of a deferred amount shall be first applied to loans granted under Chapter 4 (commencing with Section 15700) of this part. Notwithstanding any other provision of this chapter, if, at the end of the 30-year period provided in Section 15738 or Section 16083, as the case may be, there are any deferred amounts due in any previous fiscal year remaining unpaid, repayments shall continue to be made in the manner provided by this section during each fiscal year thereafter until the amounts are paid, or for an additional period of 10 years, whichever first occurs. At the expiration of the additional 10-year period the unpaid portion of the deferred amounts shall be canceled on the books of the Controller, and the provisions of Section 15738 or Section 16083, as the case may be, shall thereupon become applicable thereto and the board shall execute a conveyance to the district as provided in Section 15739 or 16087, whichever is applicable. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16085. Source version: id_ce3e0957-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. For purposes of computing, under Section 16084, the portion of the annual repayment to be deferred in the case of a unified school district which has applied for and received an apportionment under Section 16003, the “45-cent tax amount” shall be the amount produced by a tax of ninety cents ($0.90) on each one hundred dollars ($100) of assessed valuation of the district during the year, except beginning with the 1981–82 fiscal year the tax shall be 0.225 percent of the full value. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16086. Source version: id_ce3e0959-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The provisions of this section shall apply: (1) to any school district which has succeeded to and become vested with all duties, powers, purposes, jurisdiction, and responsibility with respect to a portion of an apportionment determined or redetermined to have been expended, or to be expendable, for property acquired or to be acquired by it, and which has become liable for a portion of the annual repayment of a portion of an apportionment, as provided in Section 16159; and (2) to any state-aided district a portion of the territory of which was transferred to a district described in (1), above, and in connection with which territory a portion of an apportionment made to such state-aided district has or will be expended for property acquired or to be acquired. If, on or before June 30 of any fiscal year, the governing board of the school district files a request with the Controller for a deferment of the annual repayment due from such district during the next succeeding fiscal year for an apportionment received by the district pursuant to this chapter, and it is determined, in accordance with this section, that the district is entitled to a deferment of all or part of the annual repayment, the deferment shall be made in accordance with the determination. The request for deferment, once filed with the Controller, shall remain in effect in each ensuing year, and the Controller shall continue to compute and allow the deferment in accordance with this section each year, until the time as the governing board of the school district files a written request with the Controller to discontinue the deferment. The portion of the annual repayment to be deferred under this section shall be determined as follows: There shall be computed the amount required to be raised by taxes on property within the district during the fiscal year in which the annual repayment is to be deducted pursuant to Section 16080, for the payment of principal and interest on: (a) that portion of the annual repayment and all other payments due the state under Section 16075 and other provisions of this chapter with respect to the portion of the apportionment for which the district has been determined to be liable under Section 16159; (b) any bonded indebtedness incurred for school purposes prior to the first conditional apportionment to the school district under this chapter; (c) any bonded indebtedness which was incurred as a condition to any apportionment under this chapter; and (d) any bonded indebtedness incurred, the proceeds of which were required to be contributed for the purposes for which an apportionment was made under this chapter. To this amount shall be added the amount required during the fiscal year, for the annual repayment of school building apportionments under this chapter. The total of these amounts shall constitute the “basic tax amount.” If the applicant district is a unified district, the amount to be deferred shall be separately considered for each grade level thereof. For this purpose, the basic tax amount shall only include the amounts specified in the preceding paragraph required to be raised for the repayment of principal and interest on bonded indebtedness which was incurred for, or as a condition to receiving an apportionment for, or required by the board to be contributed for the purposes of, the grade level being considered, plus those amounts required for the annual repayment of apportionments made under this chapter for the grade level. There shall be computed the amount which would be produced by a tax of forty cents ($0.40) on each one hundred dollars ($100) of assessed valuation of the district during such year, to be known as the “40-cent tax amount,” except beginning with the 1981–82 fiscal year, the amount shall be produced by a tax of 0.10 percent of the full value of the district during such year. The amount of the annual repayment to be deferred during the fiscal year in which the annual repayment is due shall be the amount, if any, by which the basic tax amount exceeds the 40-cent tax amount. The amount deferred shall be added to the annual repayment for the next succeeding fiscal year. On or before the last day of July of each fiscal year, the Controller shall request the Director of General Services to, and the Director of General Services shall, determine and certify to the Controller the amount of bonded debt service included in the “basic tax amount.” On or before the third Monday in August of each fiscal year, the Controller shall request the county auditor of each county to, and the county auditor of each county shall, determine and certify to the Controller the current assessed valuation of property within each district which has filed a request for a deferment under this section. Before the date on which the board of supervisors makes the levy of taxes for county purposes, the Controller shall make the deferment determination required by this section for each district requesting a deferment, and, for each district which is entitled to a deferment, shall notify, in writing, the board of supervisors of the county, the governing board of the district, the county auditor, and the county superintendent of schools having jurisdiction over the district of the amount of the repayment of the district which is to be deferred under this section. For the purposes of this section the “annual repayment” means the amount of the annual repayment of the district due in a fiscal year as determined pursuant to Section 16075, plus the then unpaid deferred amount of any annual repayment due in any previous fiscal years. Notwithstanding any other provision of this chapter, if, at the end of the 30-year period provided in Section 16083 there are any deferred amounts due in any previous fiscal year remaining unpaid, repayments shall continue to be made in the manner provided by this section during each fiscal year thereafter until the amounts are paid, or for an additional period of 10 years, whichever first occurs. At the expiration of the additional 10-year period the unpaid portion of the deferred amounts shall be canceled on the books of the Controller, and the provisions of Section 16083 shall thereupon become applicable thereto and the board shall execute a conveyance to the district as provided in Section 16087. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16086.5. Source version: id_ce3e095b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any other provision of this chapter, where an election is or has been held after March 1, 1979, and prior to December 1, 1979, for the purpose of forming a new unified school district, coterminous with an existing elementary school district, and such reorganization becomes effective for all purposes on July 1, 1980, such unified school district shall be eligible for a deferment of annual repayment as set forth in Section 16086, except that the “basic tax amount” shall be computed as the sum of (a) that portion of the original high school repayment for which the new district is liable and (b) that portion of the original high school eligible debt service computed pursuant to Section 16072 for which the new district is liable, as provided in Section 4147. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16087. Source version: id_ce3fb70d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The Controller shall certify to the board the cancellation of the unpaid balance of the principal amount of the apportionment. Upon receipt of the certification, the board shall, in the name of the state, convey to the district all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to, from money provided by the apportionment covered by the cancellation. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16088. Source version: id_ce3fb70f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The Controller shall determine and maintain a record of the amount due the state in connection with each apportionment made to each grade level of a district under the provisions of this chapter. He or she shall compute interest, at the rate fixed by the board, on each amount disbursed by the state pursuant to the apportionment, from the date of issuance of the Controller’s warrant covering the payment to the county treasurer of the amount until the first day of July of the fiscal year next succeeding that in which the warrant was issued. Thereafter, interest shall accrue to and be compounded as a part of the principal amount due the state pursuant to the apportionment, through the 30th day of the following June of each year, until the principal and interest have been paid, or until the interest ceases to accrue, as provided in this chapter. Interest on unpaid school building aid apportionments shall be computed as if the annual repayment were credited on the first day of July of the fiscal year in which the repayment is withheld. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16089. Source version: id_ce3fb711-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Upon computing in any fiscal year the amount to be deducted from the apportionments to the district from the State School Fund during the succeeding fiscal year, the Controller shall notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of the amount to be deducted. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16090. Source version: id_ce3fb713-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The board of supervisors of the county, the county superintendent of which has jurisdiction over any district which under this chapter will have moneys withheld by the Controller from the apportionments to be made to it from the State School Fund during any fiscal year, shall annually at the time the board of supervisors makes the levy of taxes for county purposes, levy a tax upon the property in the district sufficient to raise for the district the amount of money to be withheld by the Controller during the fiscal year in which the tax is levied. Effective July 1, 1988, that tax, when collected, shall be paid into the county treasury of the county, the county superintendent of schools of which has jurisdiction over the district for which the tax was levied, to the credit of a separate fund of the district to be known as the Tax Override Fund. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16091. Source version: id_ce3fb715-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The board shall prescribe in the detail that it deems necessary, the purposes for which moneys apportioned by it or which it requires the district to contribute toward, or in reduction of the cost of a project, may be expended, and the prescription shall be binding upon the governing board of the district, save as it may be changed or modified by the board for any cause that it sees fit. In determining funds which can be contributed by the district, the board may require the district to contribute unexpended balances of funds earmarked or encumbered by the district for furniture, equipment, or any other lawful purpose. However, the changes or substitutions in the purposes for which the funds were earmarked or encumbered, with respect to the requirement under any apportionment heretofore or hereafter made, may be authorized by the board, or pursuant to its delegation, by the Director of General Services. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16092. Source version: id_ce3fb717-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Unless the board has received the certificates of the county superintendent of schools required by Section 16061 within nine months from the date of the conditional apportionment, it shall, at the expiration of the nine months’ period, void the conditional apportionment and shall certify this fact to the Controller. Each final apportionment made by the board under this chapter shall be certified by it to the Controller who shall from time to time draw his or her warrant on the Treasurer in favor of the county treasurer of the county having jurisdiction over the district in accordance with the terms of the final apportionment. The warrant shall be exempt from the provisions of Division 4 (commencing with Section 16100) of Title 2 of the Government Code and shall be paid by the Treasurer from the State School Building Aid Fund. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16093. Source version: id_ce413db9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. A state school building fund is hereby created in the county treasury in each county for each school district in the county. The county treasurer of each county shall pay into the state school building fund of each school district, exactly as apportioned by the board, all moneys received by him or her under this chapter with respect to each school district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16094. Source version: id_ce413dbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Interest earned on those portions of deposits in a state school building fund representing allocations from the proceeds of state school construction bonds received by the county treasurer for the benefit of a school district under this chapter shall be paid into the state school building fund created by Section 16093. The interest which prior to the 1964–65 fiscal year was deposited in the general fund of the school district for which the state school building fund was established shall remain the property of that general fund. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16095. Source version: id_ce413dbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The governing board of each school district to which an apportionment is made under this chapter is authorized to, and shall, transfer to the state school building fund of the district from all other funds of the district in which the moneys may be, all moneys of the district which under, or pursuant to, this chapter are required to be expended for the project for which the apportionment was made. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16096. Source version: id_ce413dbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. A fund in the State Treasury is hereby created, to be known as the State School Building Aid Fund. All money in the State School Building Aid Fund, including any money deposited in the fund from any source whatsoever after November 12, 1952, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to apportionments made under the provisions of this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16096.5. Source version: id_ce413dc1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. From any moneys in the State School Building Aid Fund available for the purposes of this chapter, the board shall make available to the Director of General Services any amounts that it determines necessary to provide the assistance, pursuant to this chapter, required by Section 15504 of the Government Code. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16097. Source version: id_ce413dc3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. The governing board of each school district to which an apportionment has been made under this chapter shall expend the moneys in the state school building fund of the school district exactly as apportioned by the board and only for the purposes for which the moneys were apportioned to the district, and for no other purpose, and shall make the reports relating to the expenditure of the moneys that the board and the Controller shall require. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16099. Source version: id_ce42c465-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. It shall be the duty of the Controller to make the audit or audits of the books and records of counties and school districts receiving apportionments under this chapter, as he or she may deem necessary from time to time, for the purpose of determining that the money received by school districts as apportionments hereunder has been expended for the purposes and under the conditions authorized by this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16100. Source version: id_ce42c467-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Whenever the Controller determines that any money apportioned to a school district has been expended by the school district for purposes not authorized by this chapter, or exceeds the final cost of the project which is authorized by Section 16024 to be paid therefrom, the Controller shall furnish written notice to the board, the governing board of the school district, the county superintendent of schools, the county auditor, and the county treasurer of the county whose county superintendent of schools has jurisdiction over the school district, directing the school district and the county treasurer to pay into the State Treasury the amount of the unauthorized expenditures, or the amount of the excess apportionment, as the case may be. Upon receipt of the notice, the governing board shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the State School Building Aid Fund, to be reapportioned by the board. It shall be the duty of the governing body and the county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. If, upon petition of the district, the Controller determines that the amount to be included in the county settlement is in excess of the amount that may be paid out of taxes levied at the maximum rate authorized by law (increased by any increase in the rate authorized by the electors of the district pursuant to Section 42202), without impairing essential district services, he or she may provide for the payment of the entire amount or any unpaid balance thereof in not exceeding three consecutive annual payments, commencing with the next school year. Each payment shall be an equal portion of the principal amount, plus accrued interest, and shall be paid not later than January 31st of each school year in which a payment is due. If the district fails to make the payment as specified, the Controller shall deduct the amount thereof from the February payment made to the district under Section 14041. Deferred payments under this section shall bear interest at the same annual rate of interest as the apportionment from which the unauthorized expenditures or the amounts of excess apportionment were made. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16101. Source version: id_ce42c469-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Notwithstanding any provision of law to the contrary, if an apportionment is or has been made at any time after October 1, 1953, to meet a construction low bid and if the State Allocation Board after approving the apportionment revises the apportionment, and the apportionment finally approved reveals that an applicant school district receives excess construction area to what they are entitled to pursuant to Section 16044, and if a judgment for the collection of the excess apportionment has not been rendered by a court prior to September 11, 1957, the excess apportionment shall be computed by the Controller and shall be repaid pursuant to this section. The district shall repay the amount of excess apportionment, and the interest thereon, in equal annual installments within 20 years from the date it receives the excess apportionment. The rate of interest shall be the same rate as that fixed for the approved apportionment. The district may at any time before the end of the 20-year period for repayment elect to repay, and repay, the balance of the excess apportionment then unpaid, plus interest computed to the date of repayment of such balance. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16102. Source version: id_ce42c46b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. If the board, between April 5, 1963, and July 1, 1963, approves an application for an apportionment and makes a conditional apportionment to the district making the application and if after the approval it is determined that the projected enrollment of the district is less than that upon which the district’s application was based, any apportionment made by the board under the application is hereby ratified and confirmed and payments shall be made to the district pursuant to the apportionment. The board shall as a condition to any apportionment made under the application require the district to repay in full that portion of the apportionment which it determines to be attributable to the excess projected enrollment upon which the application was based and the district shall be empowered and obligated to comply with the requirement if it accepts the portion of the apportionment. The repayment shall be in equal annual installments made within 20 years from the date the district receives the apportionment. The repayment shall be in addition to any other repayment required by this chapter. The rate of interest shall be the same rate as that fixed for the remainder of the apportionment. If at any time the board determines that the amount of actual enrollment of the district attains the amount of the projected enrollment upon which the district’s application, referred to above, was based, the board may, if it determines that the inclusion of the excess projected enrollment in the application occurred inadvertently, provide that the district shall not be required to pay any further installments for full repayment of that portion of the apportionment attributable to the excess projected enrollment and the unpaid balance of the portion and interest thereon shall thereafter be repaid under the same terms and in the same manner as the balance of the apportionment made under the application. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16103. Source version: id_ce444b0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. If a school district entered into an agreement at any time beginning on October 1, 1954, and ending on December 31, 1954, whereby it agreed to lease a site and facilities situated thereon, for the purpose of constructing administrative facilities on the site in accordance with plans prepared by or for the district, the State Allocation Board may make an apportionment to the district for the acquisition of the site and facilities; provided, (1) that the district at the time of receiving the apportionment would otherwise be eligible to receive an apportionment for square footage of building area equal to or exceeding that of the facilities to be constructed; (2) the Department of Education approves of the acquisition on the basis that it is necessary to provide needed administrative facilities for the district; and (3) the board finds that the acquisition and the consideration being paid therefor is economically feasible and constitutes sound financial practice. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16104. Source version: id_ce444b0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Any portion of an apportionment paid to a school district under this chapter shall be available for expenditure by its governing board for not less than one year nor more than three years, as the board shall determine, after the date on which the warrant covering that portion of the apportionment was issued by the Controller, provided that no limitation on expenditure shall be applicable with respect to any items the payment or reimbursement of which is required to be made by special resolution pursuant to Section 16057, whether the special resolution is adopted prior or subsequent to the termination of the period of availability herein specified. For the purposes of this chapter, an apportionment shall be deemed to be expended at the time and to the extent that the amount thereof on deposit in the county treasury has been encumbered by the creation of a valid obligation on the part of the school district. Upon the expiration of its period of availability, the unencumbered balance of any apportionment made under this chapter shall become due and payable to the State of California; and the governing board of the school district and the county treasurer shall pay the amount of the unencumbered balance to the Treasurer, out of the funds, and in the manner specified in Section 16100 of this code. The payment shall, on order of the Controller, be deposited in the State School Building Aid Fund in the State Treasury, to be reapportioned by the board. It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state, provided that notwithstanding the above duties shall not be deemed to exist with respect to any amount heretofore or hereafter due the state occasioned by the termination of the period of availability of expenditure provided by this section where the period of availability of expenditure for the items representing the amount is subsequently made inapplicable by the adoption of a special resolution pursuant to Section 16057. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 1. General Provisions [16000 - 16105] SECTION 16105. Source version: id_ce444b11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=1. Whenever a school district receives or has received an apportionment for or toward the purchase or improvement of realty or personalty (hereafter referred to as “property”) and within five years from the date of the written authorization from a duly authorized representative of the board for the expenditure therefor from state funds or from contributable district funds, sells, leases, exchanges or otherwise disposes of the property or any portion thereof without the consent of the board, the board may demand the return of the state apportionment or the portion thereof it deems proper, plus accrued interest at the prescribed rate, less any repayment made prior to the demand by the district on account of the apportionment. A district may not at any time while an apportionment remains unpaid or noncanceled, dispose of any property acquired therefrom without the consent of the board, excepting transfers provided for by Article 15 (commencing with Section 17556) of Chapter 3 of Part 23 and existing improvements on an acquired site. The consent may be subject to the conditions as may be imposed, which may include the application of the consideration received in reduction of any apportionments previously made to the district. Any property into which the consideration from the disposition is converted shall be and remain the property of the state as if an apportionment had originally been authorized therefor. Whenever, in the judgment of the board, a district fails to use property for the purpose or purposes for which an apportionment has been made, within not less than one nor more than five years from the aforesaid authorization, as the board shall determine, the board may demand back the return of the apportionment, or portion thereof, with interest, as specified in the preceding paragraph. The board’s interpretation of the “use” in any instance, and whether or not the district has complied therewith, shall be conclusive upon the district affected after a hearing and finding of the board. In addition to the foregoing, the board may at any time subsequent to the expiration of the last mentioned period, while an apportionment remains unpaid or uncanceled, determine that a site or portion thereof, purchased in whole or in part with the apportionment is not being used for the purpose or purposes for which the apportionment was made, which determination shall be conclusive upon the district after a hearing and finding of the board. Pursuant to that determination, the board may direct the sale or other disposition of the site or portion thereof by the state or by the district and apply the proceeds, after deducting expenses it determines necessary to facilitate the disposition, in reduction of the apportionment, plus accrued interest. Any excess shall be applied in reduction of any other unpaid or noncanceled apportionments, plus interest, as the board shall direct, any remaining proceeds thereafter being payable to the district. For the purposes of the determination of disposition, the district shall, whenever directed by the board, convey record title to the site or portion thereof to the state or do any other acts deemed necessary by the board to facilitate the disposition or implement the terms thereof. Any disposition authorized to be made hereunder by the district shall be made in accordance with the procedure prescribed by this code for the disposition of unneeded school property, otherwise as directed by the board, provided that the consideration to be received shall be subject to the approval of the board or its delegate for that purpose. Written notice of any demand prescribed by this section, setting forth the amount due the state pursuant thereto, shall be furnished by the board to the governing board of the school district, the county superintendent of schools, the county auditor, the county treasurer of the county whose county has jurisdiction over the school district, and the Controller. Upon receipt of the notice and demand, the governing board of the school district shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the State School Building Aid Fund, to be reapportioned by the board. Whenever a school district receives or has received an apportionment under this chapter for the purchase of a site which contains existing improvements, the board may require the district to dispose of the existing improvements as a condition of receiving an apportionment in the manner as the board deems proper, and contribute the net proceeds therefrom or the value of any consideration received therefor, in reduction of any apportionment. In the event that the district is not so required to dispose of the existing improvements but after receiving the apportionment subsequently disposes thereof, the net proceeds therefrom or the value of the consideration received therefor, shall be contributed by the district in reduction of any remaining indebtedness to the state under this chapter or Chapter 4 (commencing with Section 15700). Where a district has been unable to use any building site acquired by an apportionment under this chapter because of the delay of the board in acting upon its application for an apportionment for the planning and construction of school buildings on the site, the board may withhold demand for repayment of the apportionment for the building site for a period of not less than one or more than three years after approval of the apportionment for planning and construction. It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. Whenever the consent of the board is required in this section, it may be given by written authorization of its authorized representative for that purpose. The provisions of this section, including the term “apportionment” or “apportionments,” shall be deemed to be applicable to apportionments heretofore or hereafter made under this chapter or Chapter 4 (commencing with Section 15700). (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16150. Source version: id_bf539a4b-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. (a) As used in this article: (1) “Acquiring district” means a district in which all or a part of a state-aided district or an applicant district has been included. (2) “Original district” means a state-aided or applicant district included in whole or in part in an acquiring district. (3) “State-aided district” means a district to which a conditional or final apportionment has been made under this chapter. (b) For purposes of this article as it applies to an acquiring district, the effective date of any change of boundaries, annexation, formation of a new district, or other reorganization shall be: (1) For granting conditional apportionments: the date the action became effective for purposes of Sections 35532 and 35533. (2) For making conditional apportionments final: the date the action became effective for purposes of Sections 35532 and 35533. (c) For purposes of this article as it applies to an original district, the effective date of any change of boundaries, annexation, formation of a new district, or other reorganization in which the original district is included in whole or in part in an acquiring district shall be: (1) For granting conditional apportionments: the date the action becomes effective for all purposes as specified in Section 35534. (2) For making conditional apportionments final: the date the action became effective for all purposes as specified in Section 35534. (3) No conditional apportionment may be made to any original district affected by any reorganization after the date that action became effective for purposes of Sections 35532 and 35533 except upon an application that has the approval of the governing board of the acquiring district. (Amended by Stats. 2015, Ch. 386, Sec. 4. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16151. Source version: id_c4a3ec7d-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. On the date an acquiring district becomes effective for all purposes, as specified in Section 35534, the authority to accept a state loan voted by an original district pursuant to this chapter whose boundaries are coterminous with the boundaries of the acquiring district shall become authority of the acquiring district to accept a state loan. However, when the proceeds of bonds authorized and sold by the acquiring district are applied toward the reduction of apportionments made to an original district that is included in whole in the acquiring district pursuant to Section 16058, the amount of bond proceeds shall be excluded in determining the amount chargeable against any apportionment authorized to be accepted by the electorate of the original or acquiring district. (Amended by Stats. 2015, Ch. 386, Sec. 5. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16152. Source version: id_ce475859-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Notwithstanding any other provision of this chapter, where an election is or has been held after April 1, 1972, in two elementary districts for the purpose of forming a new elementary district from the territories of the districts, which reorganization would become effective for all purposes on July 1, 1973, and where one of the districts has prior to April 1, 1972, voted to accept, expend, and repay apportionments under this chapter but no apportionments pursuant to the authorization has been made to the district as of April 1, 1972, the consent of the electors in the districts to the reorganization shall be deemed to constitute a consent on behalf of the newly formed district to accept, expend, and repay apportionments under this chapter to the extent that the former authorization for apportionments had not been utilized. Further, the ballot for the election held for the purpose of forming the new elementary school district shall contain a statement to the effect that approval of reorganization shall be deemed to constitute a consent on behalf of the newly formed district to accept, expend, and repay apportionments under this chapter to the extent that the former authorization for apportionments has not been utilized. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16153. Source version: id_ce47585b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Whenever, prior to the date on which a conditional apportionment is made by the board to an applicant district, (1) if an applicant district is annexed to or otherwise included in whole in another district which is ineligible for an apportionment under this chapter, no apportionment shall be made to the applicant district; (2) if less than the whole of an applicant district is included in a district which is ineligible for an apportionment under this chapter, the board may reconsider the application of the applicant district and make such determinations and take the action with respect thereto, including the making, subject to Article 1 (commencing with Section 16000) of this chapter, of a conditional apportionment to the district, as the board may deem necessary because of such inclusion of less than the whole of the applicant district in the acquiring district; (3) if an applicant district is annexed to or otherwise included in whole or in part in a district which is eligible for an apportionment under this chapter and has made or does make an application for the apportionment, the board may reconsider the applications of the applicant district and the acquiring district and make the determinations and take the action with respect thereto, including the making, subject to the provisions of Article 1 (commencing with Section 16000) of this chapter, of conditional apportionments to the districts, as the board may deem necessary because of the annexation or other inclusion in the acquiring district of the applicant district in whole or in part. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16154. Source version: id_ce47585d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Whenever, subsequent to the date on which a conditional apportionment is made by the board to an applicant district, but prior to the date on which the conditional apportionment becomes final, (1) if an applicant district is annexed to or otherwise included in whole in a district which is not eligible for an apportionment under this chapter, the conditional apportionment shall, notwithstanding any other provisions of this chapter, become void and the board shall promptly notify the Controller in writing thereof and the date on which the apportionment became void; (2) if the district to which an applicant district is annexed or in which it is otherwise included in whole is eligible for an apportionment, has made or does make an application for such an apportionment under this chapter, the conditional apportionment made to the applicant district shall, notwithstanding any other provisions of this chapter, become void but the board may reconsider the application of the acquiring district and make the determinations and take such action with respect thereto, including the making, subject to the provisions of Article 1 (commencing with Section 16000) of this chapter except as hereinafter provided, of additional conditional apportionments to the acquiring district, as the board may deem necessary as a result of such annexation or other inclusion in the acquiring district of the applicant district; (3) if less than the whole of an applicant district is included in another district, the conditional apportionment shall, notwithstanding any other provisions of this chapter, become void, but the board may reconsider the application and make such determinations and take such actions with respect thereto, including the making, subject to the provisions of Article 1 (commencing with Section 16000) of this chapter except as hereinafter provided, of new conditional apportionments to the applicant district, as the board may deem necessary as a result of such inclusion of a portion of the applicant district in the acquiring district. Notwithstanding anything in the first sentence of Section 16058 to the contrary, additional conditional apportionments made to a district under (2), or new conditional apportionments made to a district under (3) of the first paragraph of this section may, with the approval of the board, become final if the total amount of the bonds of the district outstanding and unpaid is within twenty-five thousand dollars ($25,000) of the amount required under Section 16058. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16155. Source version: id_ce48deff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. If an annexation or other inclusion of a portion of an applicant district in another district comprises less than 5 percent of the assessed valuation of the applicant district on the effective date of the change, no annexation or other inclusion shall be deemed to have taken place for the purposes of Sections 16154 and 16156. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16156. Source version: id_ce48df01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Whenever, prior to the date on which conditional apportionments have been made to an applicant district for the full amount of state aid approved for the district under Section 16035, (1) if the applicant district is annexed to or otherwise included in whole in another district which is ineligible for an apportionment under this chapter, no further apportionment shall be made to the applicant district; (2) if the applicant district is annexed to or otherwise included in whole in a district which is eligible for an apportionment under this chapter and which has made or does make an application for the apportionment, the board may reconsider the applications of the applicant district and the acquiring district and make any determinations and take any action with respect thereto, including the making, subject to the provisions of Article 1 (commencing with Section 16000) of this chapter, of a conditional apportionment or apportionments to the acquiring district that the board may deem necessary because of the annexation or other inclusion in the acquiring district of the applicant district; (3) if a portion of the applicant district is annexed to or otherwise included in another district, the board may reconsider the application of the applicant district and may, within two years after the first apportionment made under the approval, make the additional apportionments as it sees fit to the applicant district, but not in excess of the amount in which the application was originally approved, without requiring the district to issue additional bonds. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16157. Source version: id_c9b5d61f-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. If, subsequent to the date on which a conditional apportionment made to a district becomes final, the state-aided district is included in whole in another district, the acquiring district shall, on the effective date of the inclusion, succeed to and be vested with all of the duties, powers, purposes, jurisdiction, and responsibilities of the state-aided district with respect to the apportionment and the property acquired or to be acquired from funds provided thereby, and all funds in the state school building fund of the state-aided district shall be transferred to the state school building fund of the acquiring district. All amounts that would, after the effective date of the inclusion, have been otherwise paid to the state-aided district under the terms of or pursuant to the apportionment, shall be paid to the acquiring district. In addition, the acquiring district shall, on the effective date of the inclusion of the state-aided district in the acquiring district as fixed by Section 35534, become liable for the annual repayments and other payments due the state under Section 16075 and other provisions of this chapter with respect to the apportionment or the property acquired or to be acquired therewith. (Amended by Stats. 2015, Ch. 386, Sec. 6. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16158. Source version: id_ce48df05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Whenever one or more state-aided districts are included in whole in an acquiring district, and the acquiring district applies for and receives an apportionment, then after the effective date of the inclusion and upon the approval of the application of the acquiring district, the governing board of each component state-aided district shall immediately transfer to the acquiring district all moneys of the component district which are required to be, or have been, earmarked for a project or projects of the district. The acquiring district, upon the transfer to it of the funds, may expend the funds for any projects of the acquiring district as to which its application was approved. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16159. Source version: id_ce48df07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Whenever, subsequent to the date on which a conditional apportionment made to a state-aided district becomes final, less than all of the district is included in another district, the Director of General Services shall determine what portion of the apportionment was expended or will be expended for property acquired or to be acquired by the acquiring district. Any determination made by the Director of General Services under this section may be redetermined by him or her, from time to time, until the project for which the apportionment was made has been completed, and the final cost thereof determined and the final determination has been made pursuant to the final cost. The Director of General Services shall promptly notify the Controller, the governing board of the state-aided district and of the acquiring district, the superintendent of schools, the auditor and the treasurer of the counties having jurisdiction over the districts of each determination and redetermination made by him or her under this section. No redetermination shall be retroactive nor affect the liability of any school district for any payment or annual repayment, or portion thereof, previously made by or on behalf of the district to the state under this chapter. On and after the date of the change of boundaries, the acquiring district succeeds to and is vested with all of the duties, powers, purposes, jurisdiction, and responsibilities of the state-aided district with respect to that portion of the apportionment which the Director of General Services has determined or redetermined under this section was expended, or will be expended, for property acquired or to be acquired by the acquiring district, and the unexpended part of the portion of the apportionment in the state school building fund of the state-aided district shall be transferred to the state school building fund of the acquiring district. In addition, and at the same time, the acquiring district shall become liable for the payment to the state of that portion of the annual repayment and all other payments due the state under Section 16075 and other provisions of this chapter with respect to that portion of the apportionment which the Director of General Services has determined or redetermined was expended, or will be expended for property acquired, or to be acquired by the acquiring district, or, in the event the portion of the apportionment is a lower percentage of the apportionment than the percentage that the assessed valuation in the territory of the state-aided district which was transferred to the acquiring district is of the total assessed valuation of the state-aided district immediately preceding the effective date of the transfer, the acquiring district shall become liable for the payment to the state of that portion of the annual repayment and all other repayments due the state under Section 16075 and other provisions of this chapter with respect to the apportionment which is equal to the percentage of assessed valuation in the territory transferred to the acquiring district. “Annual repayment,” as used in this section, refers to repayment computed under Sections 16070 to 16075, inclusive, and excludes amounts for which the state-aided district is liable under the provisions of Section 16039. Whenever a site for which repayments are being made under Section 16039 is transferred to an acquiring district the acquiring district shall be liable for the repayments required under Section 16039. Notwithstanding the foregoing, the liability of the acquiring district for the repayment of any portion of the apportionment made to the state-aided district shall not exceed the product of the highest percentage referred to above (whether relating to assessed valuation or to the portion of the apportionment expended in the property acquired), multiplied by the balance due on the apportionment made to the state-aided district at the time of the withdrawal on the effective date specified in Section 4064 (Sec. 1, Ch. 95, Stats. 1964, 1st Ex. Sess.) of the territory referred to. The limited liability is hereinafter referred to as “the maximum.” It is the intent of the Legislature that the maximum shall be applied by the Controller, both retroactively and prospectively, provided that as a result of the application (1) no cash refund shall be made to any district; (2) in the event any district has, in the past, paid an amount greater than the maximum, assuming this paragraph had been in effect at that time, the excess shall be credited by the Controller against any apportionment balances for which the district is or may hereafter become liable; and (3) the Controller shall make retroactively any adjustments in the amounts due from other districts by virtue of any adjustments made under (2) above. Notwithstanding the foregoing, any computations required to be made pursuant to this paragraph shall not be reflected in any changes in deductions required to be made pursuant to Section 16080 prior to January 1, 1966. If any subdivision clause, sentence, or phrase of this section is for any reason held to be unconstitutional the decision shall not affect the validity of the remaining portions of this section. The Legislature hereby declares that it would have adopted this section and each subdivision, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, clauses, sentences, or phrases be declared unconstitutional. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16160. Source version: id_cec3ef31-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Notwithstanding Sections 16159 and 16161, in situations where an applicant district at the elementary grade level under this chapter is divided into three parts, each of which is included in a newly formed unified school district, each part shall be excluded in determining the state loan repayment liability for any apportionment made to the original district subsequent to the date the unification is effective for purposes of Section 35532, provided that all of the following occur: (a) The assessed valuation of the part is less than 4 percent of the original district in the fiscal year immediately preceding the fiscal year the change is made effective for all purposes. (b) The average daily attendance in the part is excluded in determining projected enrollment of the original district for additional state aid during the period after the change is effective for purposes of Section 35532 and before the effective date for all purposes. (c) The part contains no sites, plans, or school facilities, which were acquired under this chapter or under Chapter 4 (commencing with Section 15700). (Amended by Stats. 2015, Ch. 386, Sec. 7. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16161. Source version: id_ce4a65ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Notwithstanding any change in the boundaries of a state-aided district or the annexation to, or the inclusion in, another district of a state-aided district, the state-aided district as it existed immediately prior to the effective date of the action shall be continued in existence for the determination of the assessed valuation of the property therein and for the purposes of the computations provided by Sections 16070, 16072, 16074, 16075 and 16084; and all the computations required to be made pursuant to those sections shall be made exactly as if there had been no such change of boundaries, annexation, or inclusion, except as otherwise provided in Sections 16163 and 16164. However, that if a state-aided district shall be included entirely in another school district which subsequently becomes state aided, then the unpaid balances of the apportionments made to the original district shall be added to the balances of the apportionments made to the newly aided district. In those cases, no further computations as aforesaid, or repayments, shall be made with respect to the original district, but the computations and repayments shall thenceforth be based solely upon the territory and assessed valuation of the newly aided district, in the manner provided by Sections 16070, 16072, 16074, 16075 and 16084. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16162. Source version: id_ce4a65ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. If a unified school district, after the effective date of this section, applies for and is granted an apportionment under this chapter on the basis of grade levels as defined in Section 16003, all unpaid balances of prior apportionments made to the district, subject to Section 16161, shall be added to the balances of the apportionments made on the basis of Section 16003. In those cases, no further computations or repayments under Sections 16070, 16072, 16074, 16075 and 16084 shall be made with respect to the prior apportionments alone, but the computations and repayments shall thenceforth be based solely upon the combined apportionments, and shall be made as provided in Sections 16071, 16072, 16074, 16075 and 16084. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16163. Source version: id_ce4a65af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Whenever, subsequent to the date on which a conditional apportionment becomes final, territory is withdrawn from a state-aided district and no portion of the apportionment was expended for school property acquired by the acquiring district: (1) If the acquiring district is a state-aided district, the assessed valuation in the territory acquired shall be included in determining assessed valuation of the property in the acquiring district, and shall thereafter be excluded in determining assessed valuation of the property in the state-aided district, for purposes of the computations under Sections 16070 to 16075, inclusive; (2) If the acquiring district is not a state-aided district, the Controller shall determine the percentage relationship, at the time of the withdrawal, between (a) the assessed valuation in the territory acquired, together with the current assessed valuation in all other territory theretofore acquired by the acquiring district from the state-aided district since the date of its first conditional apportionment under this chapter, and (b) the current assessed valuation of the state-aided district as it was territorially constituted on the latter date. If the percentage of assessed valuation in acquired territory is, in the aggregate, less than 10 percent, the assessed valuation in all the acquired territory shall be excluded, until the next withdrawal of territory from the state-aided district to the acquiring district, in determining the assessed valuation of the state-aided district for the purposes of the computations under Sections 16070 to 16075, inclusive. If the percentage of assessed valuation in acquired territory is, in the aggregate, a percentage equal to or greater than 10 percent, the Controller shall, by deducting the percentage from 100 percent, obtain the “complement percentage.” Until the next withdrawal of territory from the state-aided district to the acquiring district, the assessed valuation of the state-aided district for purposes of the computations under Sections 16070 to 16075, inclusive, shall be determined by dividing the current assessed valuation of the state-aided district as territorially constituted immediately subsequent to the last withdrawal, by the complement percentage. Whenever, pursuant to this section, the assessed valuation of the state-aided district is adjusted for repayment computation purposes by use of the complement percentage, liability for the annual repayment computed shall be apportioned between the state-aided district and the acquiring district by multiplying the annual repayment by the complement percentage, the product representing the liability of the state-aided district, and the remainder of the computed repayment representing the liability of the acquiring district. Notwithstanding the foregoing, the liability of the state-aided district shall not exceed the product of any “complement percentage” (as it may from time to time exist) times the balance due on the aforesaid final apportionment at the time the complement percentage is established; and the liability of the acquiring district (while a complement percentage remains unchanged) shall not exceed the remainder of the balance of the final apportionment at the time complement percentage is established. The maximum liability on the part of either the state-aided or acquiring districts established as above (and until the time that the liability be altered by altering the “complement percentage”) shall be hereinafter referred to in this section with respect to each such district as “the maximum.” (3) In the event that two or more non-state-aided districts acquire territory from the state-aided district, the Controller shall determine the formulae for apportioning liability for the annual repayment between the districts affected (including the formulae for determining what assessed valuations shall be used within the affected districts or territories withdrawn, and the dates of determination thereof), as will in his or her opinion best comply with the principles set forth above, irrespective of whether the formulae are in literal compliance therewith. The same percentage of annual repayment for which a district is liable at the time the liability apportionment is made shall (unless and until the liability apportionment is subsequently changed pursuant to this paragraph) be deemed applicable to the liability of the district for the balance (as of the date the liability apportionment is made) due on the final apportionment to the state-aided district. The liability for the balance shall, with respect to any affected district, be hereinafter referred to as the “maximum” for the district. (4) It is the intent of the Legislature that the foregoing “maximums” shall be applied by the Controller both retroactively and prospectively, provided that as a result of the application (1) no cash refund shall be made to any district; (2) in the event any district has, in the past, paid an amount greater than its “maximum,” assuming this paragraph and others to which it is referable had been in effect at that time, the excess shall be credited by the Controller against any apportionment balances for which the district is or may hereafter become liable; and (3) the Controller shall make retroactively any adjustments in the amounts due from any other district by virtue of any adjustments made under (2) above. Notwithstanding the foregoing, any computations required to be made pursuant to this paragraph shall not be reflected in any changes in deductions required to be made pursuant to Section 16080 prior to January 1, 1966. If any subdivision, clause, sentence, or phrase of this section is for any reason held to be unconstitutional the decision shall not affect the validity of the remaining portions of this section. The Legislature hereby declares that it would have adopted this section and each subdivision, sentence, clause, or phrase thereof irrespective of the fact that any one or more subdivisions, clauses, sentences, or phrases be declared unconstitutional. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16164. Source version: id_ce4a65b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. Whenever, subsequent to the date on which a conditional apportionment becomes final, any territory is withdrawn from a non-state-aided district and annexed to the state-aided district, the assessed valuation in the territory so annexed shall be included with the valuation of the state-aided district for the purposes of making the computations provided by Sections 16070 to 16075, inclusive. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16165. Source version: id_ce4bec53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. The Controller shall compute, in accordance with Sections 16161, 16163 and 16164, the amount of the annual repayment due the state on account of the apportionment or apportionments to each state-aided district and shall deduct from the respective apportionments made from the State School Fund under Sections 46304, 46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, to the state-aided district and an acquiring district the portion thereof for which each is liable under this article (Sections 16150 to 16166, inclusive). (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 2. School Housing Aid for Reorganized Districts [16150 - 16166] SECTION 16166. Source version: id_ce4bec55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=2. When, after any application is filed, the applicant district is annexed to, or, by change of boundaries or otherwise, is included in whole or in part in another district or districts, the superintendent of schools of the county having jurisdiction over the applicant district shall, within 10 days after the effective date of the annexation, inclusion, or change of boundaries, file a certificate with the board, in writing, in the form that the board shall prescribe, setting forth (1) the effective date of the annexation, inclusion, or change of boundaries; (2) identification of the area of the school district affected by the change and the name of the school district or districts in which the area is included as a result thereof; and (3) any additional information in any form that the board may require. The board shall, upon receiving the appropriate certificate from a county superintendent of schools as provided herein, promptly notify the State Controller, in writing, of (1) the effective date of annexation or other inclusion of a state-aided district by an acquiring district; (2) the name of the state-aided district; (3) the name of the acquiring district; and (4) the number and other identification of the apportionment affected. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16190. Source version: id_ce4bec59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. The board may make apportionments from any sum appropriated by the Legislature at the 1952 Second Extraordinary Session and from any state bonds heretofore or hereafter authorized by the electorate for state school building aid, including the proceeds of bonds authorized by Section 2 of Article XVI of the California Constitution, for assistance to school districts in providing necessary housing and equipment for the education of exceptional children. All the provisions of Article 1 (commencing with Section 16000) and Article 2 (commencing with Section 16150) of this chapter, except Sections 16007 and 16044, shall apply to this article unless otherwise provided herein. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16191. Source version: id_336ee140-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. As used in this article, “exceptional children” means physically handicapped pupils, pupils with intellectual disabilities, educationally handicapped pupils, multihandicapped pupils, or pupils enrolled in development centers for the handicapped required or allowed to be educated pursuant to Part 30 (commencing with Section 56000). (Amended by Stats. 2012, Ch. 457, Sec. 6. (SB 1381) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16192. Source version: id_ce4d72fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. Allocations under this article for assistance to school districts in providing necessary housing and equipment for the education of pupils enrolled or to be enrolled in development centers for the handicapped may be made only to those school districts that are authorized to operate development centers pursuant to Article 1 (commencing with Section 56800) of Chapter 6 of Part 30, as enacted by Section 2 of Chapter 1010 of the Statutes of 1976. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16193. Source version: id_ce4d72ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. The State Allocation Board, in cooperation with the State Department of Education, shall develop standards to be complied with in the construction of housing facilities for development centers for the handicapped with allowances provided pursuant to this article. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16194. Source version: id_ce4d7301-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. The State Allocation Board shall establish guidelines and procedures to be utilized in determining the eligibility of school districts for allowances provided pursuant to this article with respect to facilities and equipment for the education of pupils enrolled in development centers for the handicapped. The guidelines and procedures shall provide that in order to be eligible to receive the allowance the school district has no existing facilities which could be utilized for a development center for the handicapped. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16195. Source version: id_3cfd0432-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. Allocations under this article may be made in the amount as may be necessary, and in the manner as to distribute the available funds equitably among school districts, giving consideration to the needs of each district and the number of children within each district who are blind, partially seeing, aphasic, deaf, hard of hearing, orthopedically impaired, or have an intellectual disability, or who are health impaired, multihandicapped, speech handicapped, educationally handicapped, or enrolled in development centers for the handicapped. In computing the number of those children, there shall be included all of the following: (a) The number of them residing in the district. (b) The number of handicapped minors who are actually living within the district five or more days a week, although their legal residence may be outside the district, and who are educated pursuant to former Section 56708, as enacted by Section 2 of Chapter 1010 of the Statutes of 1976. (c) The number of them who reside outside of the district, except those described in subdivision (b), and who are to be educated by the district, excluding minors with intellectual disabilities within former Section 56501, as amended by Section 58 of Chapter 1247 of the Statutes of 1977, who reside within a district having an average daily attendance of 900 or more and that does not meet the requirements of Section 16058 concerning outstanding bonded indebtedness. Allocations for housing and equipment for minors having speech defects or disorders shall be allowed in new schools constructed after July 1, 1968, and in existing schools constructed between July 1, 1933, and July 1, 1968. The housing and equipment shall be designed and provided to permit their utilization for remedial and other special services including speech therapy, speech reading (lipreading), and auditory training for the speech and hearing handicapped, screening and testing for speech and hearing defects, or both, psychological testing of exceptional children, subject matter tutoring of exceptional children, and other specialized activities required by these children. In addition to the maximum building area allowances provided in Sections 16047, 16052, 16053, and 16054, not more than an additional 200 square feet of building area shall be allowed for each new school so planned and constructed. Each existing school, constructed between July 1, 1933, and July 1, 1968, shall be allowed not more than an additional 200 square feet of building area only for construction thereon of a new speech facility. At the option of the applicant district, the board may allocate funds to convert existing facilities or to provide a combination of new construction and conversion of existing facilities to provide housing for minors having speech defects or disorders, provided the cost of the conversion or combination of new construction and conversion does not exceed the computed cost for 200 square feet of new classroom construction based upon cost standards adopted by the board. At the further option of the applicant district, and in lieu of new building construction or conversion, the board may allocate funds for the acquisition of mobile speech therapy facilities, provided the cost of the mobile facilities does not exceed the combined computed cost for 200 square feet of new classroom construction, based upon cost standards adopted by the board, at all schools that will be served by the mobile facility. (Amended by Stats. 2012, Ch. 457, Sec. 7. (SB 1381) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16196. Source version: id_468581d4-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. Notwithstanding any provision of this article to the contrary, apportionments for the construction of facilities and the purchase of essential furniture and equipment for the education of exceptional children may, subject to the approval of the State Department of Education, be made to a school district not otherwise eligible to receive apportionments under Article 1 (commencing with Section 16000) and Article 2 (commencing with Section 16150) of this chapter, for the education of blind, partially seeing, aphasic, deaf, hard-of-hearing, orthopedically impaired or other health-impaired, multihandicapped, and educationally handicapped minors, minors with intellectual disabilities, pupils having speech defects or disorders, or pupils enrolled in development centers for the handicapped. The State Department of Education may approve applications if the facilities will be used by a county superintendent of schools required to educate physically handicapped minors pursuant to former Section 1850, as enacted by Section 2 of Chapter 1010 of the Statutes of 1976, and minors with intellectual disabilities pursuant to former Section 1880, as enacted by Section 2 of Chapter 1010 of the Statutes of 1976. A school district may educate these minors by agreement with a county superintendent of schools required to educate these minors. Priority in the use of the facilities shall be given to pupils from districts other than the applicant district. Except as otherwise provided in this section, not more than 50 percent of the amount of an apportionment made pursuant to this section shall be repaid. Repayments shall be made in the following manner: 50 percent of the amount of the apportionment shall be repaid in full with interest by the district, in the annual amounts and at the interest rate over the period as the State Allocation Board may determine, not to exceed 20 years from the date the apportionment became final. In a school year in which 50 percent or more of the pupils in average daily attendance, as determined by the county superintendent of schools, and served by the facilities are not pupils from districts other than the applicant district, the repayment for the succeeding fiscal year shall be an amount that would have been payable if the district had been required to repay 100 percent of the apportionment over that period. The county board of supervisors of the county whose superintendent of schools conducts classes in the facility during any fiscal year shall at that time or times within the fiscal year that may be agreed upon between the county and the school district, but in any case not later than the end of the fiscal year, pay to the school district having the obligation to repay the apportionment made under this section for the construction of the facility, an amount equal to 80 percent of the amount the district is required to repay in the fiscal year with respect to the apportionment described above. The county board of supervisors shall raise the amount required through a general tax levy on the property within the participating districts, or through a tuition charge not to exceed one hundred sixty dollars ($160) a year per pupil by the county superintendent of schools to the school districts of residence of pupils attending the facility other than the district having the obligation to repay, or through a combination of these. The county superintendent of schools shall notify the county board of supervisors of his or her intention to approve a school district’s application for an allocation under this article before he or she approves the application. (Amended by Stats. 2012, Ch. 457, Sec. 8. (SB 1381) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16197. Source version: id_b737e48b-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. (a) Notwithstanding any other provisions of this article to the contrary, apportionments for the purchase of mobile classrooms for the education of physically handicapped pupils enrolled in integrated programs, as set forth in Part 30 (commencing with Section 56000), and for the education and therapy of speech-handicapped pupils may, subject to the approval of the department, be made to any school district not otherwise eligible to receive apportionments under Article 1 (commencing with Section 16000) and Article 2 (commencing with Section 16150) for that purpose. (b) The State Department of Education may approve applications in those situations where mobile classrooms will be used by a county superintendent of schools required to educate physically handicapped minors pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30. Mobile classrooms shall be used pursuant to an agreement authorized by Section 41308. (c) Except as otherwise provided in this section, not more than 50 percent of the amount of any apportionment made pursuant to this section shall be repaid. Repayments shall be made in the following manner: Fifty percent of the amount of the apportionment shall be repaid in full with interest by the district, in annual amounts and at an interest rate over the period as the State Allocation Board may determine, not to exceed 20 years from the date the apportionment became final. In any school year in which 50 percent or more of the pupils in average daily attendance, as determined by the county superintendent of schools, and served by the facilities are not pupils from districts other than the applicant district, the repayment for the succeeding fiscal year shall be an amount which would have been payable if the district had been required to repay 100 percent of the apportionment over that period. (d) The county board of supervisors of the county whose superintendent of schools uses mobile classrooms during any fiscal year shall at the time or times within the fiscal year as may be agreed upon between the county and the school district, but in any case not later than the end of the fiscal year, pay to the school district having the obligation to repay the apportionment made under this section for the purchase of mobile classrooms, an amount equal to 100 percent of the amount the district is required to repay in the fiscal year with respect to the apportionment described above. (e) The county board of supervisors shall raise the amount required through a general tax levy on the property within the participating districts, or through a tuition charge not to exceed one hundred sixty dollars ($160) a year per pupil by the county superintendent of schools to the school districts of residence of pupils attending the facility including the district having the obligation to repay, or through a combination of these. (f) The county superintendent of schools shall notify the county board of supervisors of his or her intention to approve a school district’s application for an allocation under this article before he or she approves the application. (g) The department shall prepare specifications or regulations for the construction of mobile classrooms to provide for a useful life of no less than 20 years. (h) The use of mobile classrooms shall meet specifications described by the department as they relate to the needs of the physically handicapped pupils being served, as set forth in Chapter 7.2 (commencing with Section 56836) of Part 30. (Amended by Stats. 2009, Ch. 303, Sec. 3. (SB 509) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16198. Source version: id_ce4ef9a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. Notwithstanding any provision of law to the contrary, the board shall control the amount of apportionments made for facilities for exceptional children. In so controlling these apportionments the board shall establish allowable building areas and cost standards comparable to the building areas and costs of similar facilities constructed by school districts which are not applicants under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16199. Source version: id_ce4ef9ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. The State Department of Education may accept applications by school districts for the construction of facilities and the purchase of essential furniture and equipment, under a pilot project to maintain regional programs for physically exceptional children. The Superintendent of Public Instruction shall establish standards with respect to the regional programs for the pilot project which shall include, among other things, the curriculum to be offered, the area to be served, and the supervision and instruction with respect to the programs. Of the school district applicants which meet the standards established, the State Department of Education may designate not more than four school districts to receive apportionments as part of the pilot project to maintain regional programs for physically exceptional children. The pilot project pursuant to this act shall begin with the 1972–1973 school year and shall terminate at the end of the 1974–1975 school year. The State Department of Education shall provide for state evaluation of the pilot project. With respect to school districts selected as part of the pilot project, the State Allocation Board may approve applications and make apportionments pursuant to Section 16196, notwithstanding that the school district is serving a district or districts with an average daily attendance in excess of 8,000. In any school year in which 50 percent or more of the pupils in average daily attendance, as determined by the county superintendent of schools, and served by the facilities are not pupils from districts other than the applicant district, the repayment for the succeeding fiscal year shall be an amount which would have been payable if the district had been required to repay 100 percent of the apportionment over that period. The districts participating in a pilot project may include in interdistrict attendance agreements the cost of making repayments in the same proportion to the total repayment as the number of pupils enrolled from each district bears to the total number of pupils enrolled. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16200. Source version: id_50272cc6-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. Notwithstanding any provision of this article to the contrary, the board may make apportionments to school districts not otherwise eligible to receive apportionments under Article 1 (commencing with Section 16000) and Article 2 (commencing with Section 16150) for the construction of special education facilities and the purchase of essential furniture and equipment for the purpose of either or both of the following: (1) educating those physically handicapped and educationally handicapped pupils and pupils with intellectual disabilities who regularly reside in an established, licensed children’s institution or family home and are being educated pursuant to former Section 42902, as amended by Section 1 of Chapter 1173 of the Statutes of 1977, and (2) educating handicapped pupils in development centers for handicapped pupils pursuant to former Article 1 (commencing with Section 56800) of Chapter 6 of Part 30, as enacted by Section 2 of Chapter 1010 of the Statutes of 1976. Only 50 percent of any amounts allocated and disbursed to a district under this section shall be repaid by the district. Each disbursement shall be repaid in 20 equal annual installments, including interest as determined by the board, and shall be computed and withheld by the Controller. The first computation of repayment of any disbursement shall be made in the fiscal year following the disbursement and shall during the next fiscal year be deducted in equal amounts from the February, March, April, and May installments of the apportionment made to the district from the State School Fund under Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive. (Amended by Stats. 2012, Ch. 457, Sec. 9. (SB 1381) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16201. Source version: id_ce4ef9af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. Notwithstanding the provisions of Article 1 (commencing with Section 16000) and Article 2 (commencing with Section 16150) of this chapter, the obligation of any district receiving an apportionment under this article to repay the apportionment shall not extend to more than one-half of the amount of the apportionment. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16202. Source version: id_ce4ef9b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. With the approval of the county superintendent of schools, a school district may make application for an allocation under this article. Facilities for which an apportionment is made under this section shall be made available for use by the county superintendent of schools until he or she ceases to conduct the classes therein or until the superintendent of schools of a county other than the county whose superintendent of schools approved the application made under this section acquires jurisdiction over the location of the facility, whichever first occurs. Not more than 50 percent of the amount of any apportionment made pursuant to this section shall be repaid. Repayments shall be made in the following manner: Ten percent of the amount of the apportionment shall be subject to repayment by the district to the extent, and in the manner prescribed in Article 1 (commencing with Section 16000) of this chapter for apportionments other than those made pursuant to Section 16039. Forty percent of the amount of the apportionment shall be repaid in full with interest by the district, in the annual amounts and over the period as the board may determine, not to exceed 20 years from the date the apportionment became final. The county board of supervisors of the county whose superintendent of schools conducts classes in the facility during any fiscal year shall at the time or times within the fiscal year as may be agreed upon between the county and the school district, but in any case not later than the end of the fiscal year, pay to the school district having the obligation to repay the apportionment made under this section for the construction of the facility, an amount equal to the amount the district is required to repay in that fiscal year with respect to the 40 percent of the amount of the apportionment described above. The county board of supervisors may raise the amount required through a general tax levy or through a tuition charge not to exceed one hundred sixty dollars ($160) a year per pupil by the county superintendent of schools to the school districts of residence of pupils attending the facility other than the district having the obligation to repay or through a combination of these. Upon application of a school district and written approval of the county superintendent of schools the board may amend any apportionment previously received by a district for exceptional children by providing that the same shall be deemed to have been made with reference to this section, in which event all the incidents of this section shall be deemed applicable thereto, except that only the unpaid balance of the apportionment at the time of the amendment of the apportionment with interest accrued to that date shall be repaid as prescribed in this section. The county superintendent of schools shall notify the county board of supervisors of his or her intention to approve a school district’s application for an allocation under this article before he approves the application. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16203. Source version: id_ce508053-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. Not later than July 10th of each year the county superintendent of schools of each county in which there is a school district maintaining facilities for the education of exceptional children which have been constructed with funds apportioned to the district under this article shall certify to the board of supervisors and to the county auditor of the county the total number of units of average daily attendance of pupils enrolled in the facilities during the next preceding fiscal year who reside in a district other than the district maintaining the facilities. On or before July 10th of each year the county superintendent of schools shall notify the governing board of each affected school district of the total number of units of average daily attendance of pupils residing in that district who were in attendance at the facilities maintained by another district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16204. Source version: id_ce508055-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. On or before July 20th of each year, the governing board of a school district which has received a notification pursuant to Section 16203, shall determine, and notify the county board of supervisors and the county auditor, whether the amounts required to be paid on behalf of the district under Section 16207 shall be provided from the general fund of the district or by a special district tax levied by the county board of supervisors. In the event that the district notification specifies that the amounts so required shall be provided by a special district tax, or if no notification is made, the board of supervisors with whom the certificate prescribed by Section 16203 is filed shall, at the time of making the tax levy for that year for county purposes, levy a special tax upon all taxable property in the district of residence of each pupil enrolled in the facilities other than the district maintaining the facilities, sufficient in amount to raise, for the use of the facilities, the sum of one hundred sixty dollars ($160) per unit of average daily attendance, less any amounts per unit of the average daily attendance remaining in the county school building aid fund from levies and collections made in any prior year and not paid to the state pursuant to Section 16207. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16205. Source version: id_ce508057-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. If the board of supervisors fails to make a district tax levy required under Section 16204, the auditor shall make the levy. In the event the governing board of a school district has elected to provide from the district general fund the amounts required to be paid on behalf of the district from the county school building aid fund under Section 16207, the county superintendent of schools shall order the payment to be made in the amount required from the general fund of the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16206. Source version: id_ce508059-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. In the event that the governing board of a school district determines, subject to the approval of the county superintendent of schools, that the amounts collected within the district by special taxes levied pursuant to Section 16204 or Section 16205 and credited to the district in the county school building aid fund are substantially in excess of amounts required of the district for purposes of Section 16207 for the ensuing three-year period, the county superintendent may order the payment to the district from the county school building aid fund of so much of the excess moneys that he or she may deem appropriate. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 3. School Housing Aid for Exceptional Children [16190 - 16207] SECTION 16207. Source version: id_ce50805b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=3. The county auditor shall, not later than the last Monday in December and the last Monday in May of each year, notify the superintendent of schools of the amount in the county school building aid fund. Thereupon the superintendent shall draw his or her order on the county auditor in favor of the Treasurer for the amount in the county school building aid fund of the county, except that the total of the orders for any year may be limited to an amount not to exceed the total of one hundred sixty dollars ($160) for each unit of average daily attendance during the next preceding fiscal year of students residing in a district other than a district maintaining the facilities. The amount shall be paid by the county treasurer and, upon order of the Controller, shall be deposited in the State Treasury to the credit of the State School Building Aid Fund. All money paid to the State School Building Aid Fund under the provisions of this section shall be available only for transfer to the General Fund under Section 16403, as amended by Section 2 of Chapter 1373 of the Statutes of 1992, and shall be credited to the repayment of the apportionment of funds to the school district maintaining the facilities. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 4. School Housing Aid for Compensatory Education Purposes [16210 - 16215] SECTION 16210. Source version: id_ce5206ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=4. Not to exceed thirty-five million dollars ($35,000,000) of the proceeds of the sale of bonds authorized by the State School Building Aid Bond Law of 1966 may be expended pursuant to this article as grants to assist school districts. Allocations and grants under this article shall be made by the State Allocation Board, upon application of an eligible school district, for the purposes and projects designated by the district and approved by the Director of Compensatory Education. The purposes and projects shall be provided for pupils in any kindergarten or any of grades 1 to 9, inclusive, and for children participating in preschool programs. The Director of Compensatory Education may establish priorities for purposes of allocations and grants under this article based upon comparative needs of school districts and the urgency thereof. No interest shall be charged to a school district for an allocation or grant made under this article to the school district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 4. School Housing Aid for Compensatory Education Purposes [16210 - 16215] SECTION 16211. Source version: id_ce520701-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=4. Grants may be made pursuant to this article to districts which have been determined to be eligible for an apportionment under Article 5 (commencing with Section 54480) of Chapter 4 of Part 29, or districts maintaining schools for kindergarten, or any of grades 1 to 6, inclusive, in areas designated pursuant to Section 54482 which have reduced the number of pupils to full-time equivalent classroom teachers in kindergarten and any of grades 1 to 6, inclusive, in those schools to a ratio of 25 to 1, or better. The grants shall be made for the purposes, and subject to the conditions, following: For expenditure by the district in areas designated pursuant to Section 54482 for any of the following: (a) Acquisition, by purchase or lease, and the installation and equipping of portable classrooms for classroom instructional purposes. (b) Acquisition of land for schoolsites. (c) Construction and equipping of permanent school buildings and facilities. (d) Reconstruction, renovation or remodeling of existing school buildings and facilities. (e) Any combination of the above. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 4. School Housing Aid for Compensatory Education Purposes [16210 - 16215] SECTION 16212. Source version: id_ce520703-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=4. In lieu of grants to districts pursuant to subdivision (a) of Section 16211 for the purpose of acquisition of portable buildings or other facilities and equipment, the board may expend moneys available for grants under this article for the acquisition of portable buildings and facilities and equipment by the state, and thereafter convey the same to the eligible districts. The conveyance to eligible districts may take the form of sale, lease, outright grant, or other suitable form of conveyance, as determined by the board. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 4. School Housing Aid for Compensatory Education Purposes [16210 - 16215] SECTION 16213. Source version: id_ce520705-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=4. In formulating recommendations to the board under this article, the State Department of Education, through the Director of Compensatory Education, shall be subject to standards established by rules and regulations of the State Board of Education. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 4. School Housing Aid for Compensatory Education Purposes [16210 - 16215] SECTION 16214. Source version: id_ce538da7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=4. For each school district which receives a grant or allocation pursuant to this article, commencing with the fiscal year next succeeding the fiscal year in which the grant or allocation was received, and for each fiscal year thereafter, the Controller shall compute an amount equal to one cent ($0.01) on each one hundred dollars ($100) of the assessed valuation of property within the district. The Controller shall, during the next fiscal year following that in which he or she makes the computation pursuant to the preceding sentence of this section, deduct the amount so computed in equal amounts from each of the February, March, April, and May installments of the apportionments made to the district from the State School Fund under Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive; and, on order of the Controller, the amount so deducted shall be transferred to the State School Building Aid Fund. All money transferred to the State School Building Aid Fund under this section shall be available only for transfer to the General Fund under Section 17204, as enacted by Section 2 of Chapter 1010 of the Statutes of 1978. The Controller shall make the computations and deductions required by this section for 30 fiscal years or until the time as the total of the amounts so deducted equal 50 percent of the amount of the grant or allocation which was made to the school district, whichever first occurs. Notwithstanding any provision of law to the contrary, for each fiscal year for which a computation is made pursuant to the section, the maximum rate of school district tax for the school district for which the computation is made shall be increased by one cent ($0.01) per each one hundred dollars ($100) of the assessed value of property within the district and shall be in addition to any amount of tax otherwise authorized to be levied, and amounts raised through the levy of the tax may be used to offset any reduction in equalization aid resulting from the deductions made pursuant to this section. The increase in the maximum school district tax provided by this section shall be deemed to be for bonded debt service or current capital construction. If the one cent ($0.01) rate of school district tax levied by the district causes the tax levied by the district for bonded debt service and for current capital construction in the same year to exceed the forty-cent ($0.40) tax amount, as that term is defined by Section 16070 or 16071, whichever is applicable, for each grade level maintained by the district, the Controller shall not make the deduction otherwise required by this section for the fiscal year. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 4. School Housing Aid for Compensatory Education Purposes [16210 - 16215] SECTION 16215. Source version: id_ce538da9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=4. Sections 16000 to 16006, inclusive, Sections 16009, 16018, and 16021, and Sections 16091 to 16100, inclusive, shall be applicable to the administration of this article, unless the context of this article, as determined by the board, requires otherwise. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 5. School Housing Aid for Districts Impacted by Seasonal Agricultural Employment [16230 - 16236] SECTION 16230. Source version: id_ce538dad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=5. Not to exceed one million five hundred thousand dollars ($1,500,000) of the amount of the proceeds of bonds issued under the State School Building Aid Bond Law of 1966 which are reserved pursuant to Section 17214, as enacted by Section 2 of Chapter 1010 of the Statutes of 1976, may be expended pursuant to this article. Nothing in this article shall be construed to sanction, perpetuate or promote the racial or ethnic segregation, or the segregation by economic class, of pupils in the public schools. The funds shall be expended by the State Allocation Board, for the acquisition of portable school and classroom buildings, and for the expenses incurred in the administration of this article. The portable school and classroom buildings may be made available by the board, upon the recommendation of the Director of Compensatory Education, to any school district which, because of the influx for temporary periods in the school year of large numbers of persons employed in seasonal agricultural work, experiences emergency increases in school enrollments of such magnitude as to make it impossible or impractical to accommodate the additional pupils in existing school buildings and facilities available to the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 5. School Housing Aid for Districts Impacted by Seasonal Agricultural Employment [16230 - 16236] SECTION 16231. Source version: id_ce538daf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=5. The portable school and classroom buildings acquired pursuant to this article shall be made available to a school district irrespective of whether the district is otherwise in receipt of or eligible for assistance under any other provisions of this chapter. The use of the portable school and classroom buildings may be made available to a school district by letting the same to the district free of charge, or by lease, or by conveying the same to the district under lease-purchase agreement, sale, or outright grant, as determined by the State Allocation Board upon consultation with, and the advice of, the Director of Compensatory Education. In addition the use of the portable school and classroom buildings may be made available to a school district by any of the means specified by Section 16041, as determined by the State Allocation Board upon consultation with, and the advice of, the Director of Compensatory Education. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 5. School Housing Aid for Districts Impacted by Seasonal Agricultural Employment [16230 - 16236] SECTION 16232. Source version: id_ce551451-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=5. The use of the portable school and classroom buildings under this article shall be based upon application therefor submitted by the governing board of the school district to the Director of Compensatory Education, who shall review the same, make any modifications he or she deems appropriate, and transmit the approved application to the State Allocation Board with his or her recommendations as to the action to be taken thereon. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 5. School Housing Aid for Districts Impacted by Seasonal Agricultural Employment [16230 - 16236] SECTION 16233. Source version: id_ce551453-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=5. If at any time the State Allocation Board shall determine that the need of the district for particular portable buildings which are made available to the district pursuant to this article has ceased, the board may take possession of the buildings on behalf of the state, and may dispose of the buildings to public or private parties in any manner and under any terms that it deems to be in the best interests of the state. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 5. School Housing Aid for Districts Impacted by Seasonal Agricultural Employment [16230 - 16236] SECTION 16234. Source version: id_ce551455-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=5. Sections 16000 to 16006, inclusive, Sections 16009, 16018, and 16021, and Sections 16091 to 16100, inclusive, shall be applicable to the administration of this article, unless the context of this article, as determined by the board, requires otherwise. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 5. School Housing Aid for Districts Impacted by Seasonal Agricultural Employment [16230 - 16236] SECTION 16235. Source version: id_ce551457-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=5. All moneys received from the rental, lease, or sale of portable school and classroom buildings pursuant to this article shall be deposited in the State Treasury and, on order of the Controller, shall be credited to and in augmentation of the appropriation made by Section 16230. All moneys shall be available without regard to fiscal years for repairing, renovating, installing, moving, or maintaining the buildings or for acquiring additional portable school and classroom buildings for the purposes of this article. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 5. School Housing Aid for Districts Impacted by Seasonal Agricultural Employment [16230 - 16236] SECTION 16236. Source version: id_d3d7ad93-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=5. Notwithstanding any other law, the board may allocate any amount of the funds designated for purposes of this article that is in excess of the amounts needed for the administration of this article to any of the following: (a) The Emergency School Classroom Fund for allocation by the board for any purpose authorized pursuant to that fund. (b) The 1998 State School Facilities Fund for allocation by the board for any purpose authorized to that fund. (c) The 2002 State School Facilities Fund for allocation by the board for any purpose authorized to that fund. (d) The 2004 State School Facilities Fund for allocation by the board for any purpose authorized to that fund. (e) If the voters approve the Kindergarten-University Public Education Facilities Bond Act of 2006 at the November 7, 2006, statewide general election, the 2006 State School Facilities Fund for allocation by the board for any purpose authorized to that fund. (Amended by Stats. 2015, Ch. 386, Sec. 8. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 6. School Housing Aid for a Regional Occupational Center [16250 - 16253] SECTION 16250. Source version: id_ce55145b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=6. Not to exceed two million four hundred twelve thousand two hundred thirty-three dollars and forty-nine cents ($2,412,233.49) of the amount of the proceeds of bonds issued under the State School Building Aid Law of 1966 may be expended pursuant to this article. The funds shall be allocated by the State Allocation Board to a joint powers board of education for the construction of a permanent campus for a newly created regional occupation center school to be located in the south bay area of Los Angeles County, having a population in excess of 1,070,000, and a potential average daily attendance in excess of 10,000 persons. Not to exceed four hundred thousand dollars ($400,000) of such sum shall be allocated and expended for architectural and engineering services in connection with the construction. Sections 16000 to 16006, inclusive, Sections 16009, 16018 and 16021, inclusive, shall be applicable to the administration of this article, unless the context of this article, as determined by the board requires otherwise. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 6. School Housing Aid for a Regional Occupational Center [16250 - 16253] SECTION 16251. Source version: id_ce55145d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=6. The allocation of funds to the entity pursuant to this article shall be conditioned upon the prior approval of the proposed facilities and subject matter of the educational program by the Superintendent of Public Instruction. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 6. School Housing Aid for a Regional Occupational Center [16250 - 16253] SECTION 16252. Source version: id_ce569aff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=6. It is the intent of the Legislature in enacting this article to finance the capital expenditures involved in the construction, equipping, and establishment, to serve an area in great need of occupational preparation, of a regional occupational center school to be maintained by a Joint Powers Board of Education and entity. It is the further intent of the Legislature to improve the employment opportunities of persons residing in areas of need for the training, by providing educational programs of a nature that will serve the social and economic needs of that area. The program will also serve to upgrade the cultural and intellectual as well as the economic life of the area to be served. The Legislature finds that the federal government has made available in the south bay area of Los Angeles County land to be used for a regional occupation center school, provided a permanent campus can be established on the land within 18 months. For this reason, it is essential that the money made available for purposes of this article be allocated to the establishment of a permanent campus for a regional occupational center school in the south bay area of Los Angeles County. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 6. School Housing Aid for a Regional Occupational Center [16250 - 16253] SECTION 16253. Source version: id_ce569b01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=6. (a) Any amounts allocated and disbursed to the Joint Powers Board of Education and entity pursuant to this article shall be a loan by the state to the entity and shall be fully repaid by the entity to the state within 10 years after the date of disbursement to the entity. Interest shall be paid at a rate determined by the board. Any loan shall be repaid by the entity from proceeds of a tax under provisions of Section 52317, as amended by Section 1 of Chapter 267 of the Statutes of 1977, for sites, buildings and equipment, by a maximum tax levy of the assessed valuation of the entity not to exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation in that entity. (b) The annual repayment shall be determined by agreement between the Director of Finance and the Superintendent of Public Instruction. The tax revenue referred to in subdivision (a) above shall be transferred by the County Auditor of Los Angeles County to the General Fund of the state in accordance with established regulations and procedures. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16260. Source version: id_ce5820a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. This article shall be known as the Children’s Center Construction Law of 1968. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16261. Source version: id_ce5820a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to provide assistance to school districts and to county superintendents of schools for the construction of children’s center facilities. Children’s centers are of general concern and interest to all the people of the state, and the education and care of children of working parents are a joint obligation of both the state and local agencies operating children’s centers. In enacting this article, the Legislature considers that the greatest need is to provide children’s center facilities for the education and care of children during the time the sole parent is at work making the family economically self-sufficient, or is in school or in training to gain economic self-responsibility. The Legislature recognizes the need to encourage the provision of additional children’s center facilities to permit more families to become economically self-sufficient. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16262. Source version: id_ce5820a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. The following terms, whether used or referred to in this article, have the following meanings, unless a different meaning clearly appears from the context: (a) “Local agency” means a school district or a county superintendent of schools operating or authorized to operate a children’s center pursuant to this chapter. (b) “Board” means the State Allocation Board. (c) “Project” means the purposes for which a local agency has applied for assistance. A project may include the acquisition and improvement of sites, the planning and construction of permanent facilities, and the acquisition of equipment for children’s centers. (d) “Construction of facilities” means construction of permanent facilities which may include leased portable buildings. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16263. Source version: id_ce5820ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. This article shall be administered by the State Allocation Board. The board shall adopt any rules and regulations that it deems necessary to carry out the purposes of this article. The rules and regulations of the board shall establish a system of priorities to determine the relative necessity to establish children’s center facilities by a local agency. In establishing priorities with regard to the outlay of capital funds for the construction of new children’s centers, or with regard to the rental or leasing of facilities for new centers, the board shall give special consideration to school districts as described under subdivision (a) of Section 54425 which are also certified by the State Department of Health as containing substantial numbers of families who are recipients of aid to families with dependent children or who are former or potential recipients of the aid and who might reasonably be expected to improve their ability to be self-supporting if child care services are made available. The Department of Benefit Payments shall provide the State Department of Health with any information in its possession necessary for the administration of this section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16264. Source version: id_ce5820ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. No local agency shall receive an initial allocation from any appropriation made for the purposes of this article more than an amount to be known as the local agency entitlement. This amount shall be computed as follows: (a) Determine the percentage that the amount apportioned to the local agency in the previous fiscal year for operation purposes pursuant to Section 8380, as amended by Section __ of Chapter ___ of the Statutes of ____, bears to the total amount allocated to all local agencies under the same section. (b) Determine the percentage that the statewide modified assessed valuation per average daily attendance for the grade level involved in the previous fiscal year bears to the assessed valuation per unit of average daily attendance of the local agency. Local agencies other than school districts shall use a percentage of 1.00. (c) Determine the local agency eligibility factor by multiplying the percentage derived in (a) by that derived in (b). (d) Determine the local agency entitlement by multiplying the district eligibility factor derived in (c) by the amount appropriated for this purpose. Amounts of the appropriation initially unallocated may be allocated subsequently without regard to the limitation of the local agency entitlement. Amounts of local agency entitlement not applied for within 90 days of the notification of entitlement, and amounts approved pursuant to Section 16268 but not allocated pursuant to Section 16269, and not made available on an extended basis after one year from the date of the original approval, may also be allocated without regard to the limitation of local agency entitlement. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16265. Source version: id_ce5820af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. Any local agency operating or authorized to operate a children’s center may apply for assistance under this article to undertake one or more projects. Any local agency not operating a children’s center in the prior fiscal year shall have its eligibility and other factors determined by a method similar to that in Section 16264. Reasonable estimates may be used. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16266. Source version: id_ce5820b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. Applications for assistance under this article shall be made on forms prescribed and furnished by the board. The applications shall include, but not be limited to, all of the following data and information: (a) An outline and general description of the project to be undertaken. (b) An estimate of the cost of the project to be undertaken and the anticipated source of funds to complete the project. (c) The estimated number of children to be served by the project. (d) The waiting list of the local agency for children’s centers. (e) The amount expended by the local agency from local sources during the past five years for the provision of children’s center facilities. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16267. Source version: id_ce59a753-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. Not more than 25 percent of any funds available under this article for allocation to local agencies under this article shall be allocated for the reconstruction or rehabilitation of existing children’s center facilities. Not less than 75 percent of the funds shall be allocated for the planning and construction of new permanent facilities, including acquisition and improvement of sites and acquisition of equipment for the facilities. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16268. Source version: id_ce59a755-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. The board shall notify a local agency when a preliminary approval of project has been given, and shall reserve from the appropriation made a sum in the amount of the approval given. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16269. Source version: id_ce59a757-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. Funds allocated for a project shall be disbursed to the local agency upon certification to the Controller when the executive officer of the board has determined both of the following: (a) All required approvals of the projects have been granted. (b) The local agency has subsequent to the effective date of this section, committed the expenditure through the granting of a contract or the authorization of an agreement which requires the payment of funds. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16270. Source version: id_ce59a759-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. In administering this article, the board shall approve the application. The executive officer of the board shall (a) prescribe and furnish application forms and (b) certify to the Controller the allocation of funds to which a local agency is eligible. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16271. Source version: id_ce59a75b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. All sites, plans, and specifications of the proposed facilities shall be approved by the State Department of Education. Prior to the approval, the local agency shall certify to the State Department of Education the unavailability of adequate, alternate facilities in the area to be served by the proposed facilities. The facilities shall include but not be limited to vacant classrooms, auditoriums, multipurpose rooms, church or recreation facilities. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7. Children’s Center Construction Law of 1968 [16260 - 16272] SECTION 16272. Source version: id_ce59a75d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7. For each one dollar ($1) of money allocated to a local agency which is expended for a project, the local agency shall expend local funds for the project in an amount which bears the same percentage to the one dollar ($1) as the modified assessed valuation per unit of the average daily attendance of the local agency bears to the statewide modified assessed valuation per average daily attendance of all local agencies. Local agencies other than school districts shall use a percentage of 1.00. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7.5. Regional Occupational Center of Kern [16280 - 16284] SECTION 16280. Source version: id_ce5b2e01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7.5. Not to exceed six million dollars ($6,000,000) of the amount of the proceeds of bonds issued under the State School Building Aid and Earthquake Reconstruction and Replacement Bond Law of 1974 shall be allocated by the State Allocation Board to the Regional Occupational Center of Kern for the construction and equipping of a new regional occupational center to be located in Kern County. The funds shall be available for allocation to the entity for a period of not more than four years from the effective date of this article and during such period the entity shall apply for the funds as are necessary to accomplish the purposes of this article. Funds shall be expended after the four-year period with respect to allocations made during the four-year period. Only Sections 16000, 16001, 16003, 16005, and 16006, and Sections 16009, 16018, 16019, 16021, 16089, 16093, 16094, 16097, and 16099 of Article 1 (commencing with Section 16000) of this chapter shall be applicable to the administration of this article unless the context of this article as determined by the State Allocation Board requires otherwise. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7.5. Regional Occupational Center of Kern [16280 - 16284] SECTION 16281. Source version: id_ce5b2e03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7.5. The Legislature finds that the Regional Occupational Center of Kern is comprised of three school districts in Kern County and it provides vocational training in areas of social and economic need. The Legislature further finds that the entity is in need of school building facilities and the participating school districts have levied the permissive override tax authorized by Education Code Section 52317 to meet the cost of that construction. Inflation dictates that construction must begin at the earliest possible time to minimize the overall cost. The Legislature intends, therefore, in enacting this article to make available the necessary funds for immediate construction of the needed school facilities. The Legislature intends, however, that the funds shall be paid back in full with interest as provided by this article so that the taxpayers of this state shall not be required to pay for the support of the facilities. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7.5. Regional Occupational Center of Kern [16280 - 16284] SECTION 16282. Source version: id_ce5b2e05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7.5. Any amounts allocated and disbursed to the Regional Occupational Center of Kern pursuant to this article shall be fully repaid with interest by the entity to the state in 20 equal annual payments commencing with the second fiscal year after the date of disbursement to the entity. Interest shall be paid at a rate determined by the State Allocation Board. Amounts allocated pursuant to this article shall be repaid by the entity from the proceeds of the tax levied by the participating school districts pursuant to Section 52317 and the payments shall be transferred by the County Auditor of Kern County to the State Treasury for the credit of the State School Building Aid Fund in accordance with established regulations and procedures. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7.5. Regional Occupational Center of Kern [16280 - 16284] SECTION 16283. Source version: id_ce5b2e07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7.5. If at the time of considering the entity’s application the State Allocation Board determines that the revenue to be received from the tax permitted by Section 52317 will be insufficient to pay the principal and interest of the loan in 20 equal annual payments, the board shall approve the application and allocate the funds therefor only upon condition that an election be called by the governing board of the entity and that two-thirds of the qualified electors of the entity voting on a proposition therefor, authorize the governing board to accept, expend and repay as provided in this article the allocation or apportionment. The election shall be called, held, and conducted in the same manner as are elections to authorize the issuance of school district bonds, except that the ballot shall contain substantially the following words: “Shall the Governing Board of the Regional Occupational Center of Kern, for the purpose of providing permanent facilities for a regional occupational center, be authorized to accept, expend, and repay an apportionment from the State of California under and subject to the provisions of Article 7.5 (commencing with Section 16280) of Chapter 8, Part 10, Division 1, Title 1 of the Education Code, in an amount not to exceed $____. Yes__ No__” (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 7.5. Regional Occupational Center of Kern [16280 - 16284] SECTION 16284. Source version: id_ce5b2e09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=7.5. On or before the first day of January of each fiscal year the Controller shall determine the annual repayment due. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 8. School Housing Aid for a Regional Occupational Center in San Joaquin County [16300 - 16301] SECTION 16300. Source version: id_ce5cb4ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=8. Not to exceed two million dollars ($2,000,000) of the amount of the proceeds of bonds issued under the State School Building Aid Bond Law of 1966 shall be expended pursuant to this article. The funds shall be expended under the administrative direction of the State Allocation Board in cooperation with the Board of Education of the Stockton Unified School District for the construction of a permanent campus for a newly created regional occupational center school to be located in San Joaquin County. Not to exceed two hundred fifty thousand dollars ($250,000) of the sum shall be allocated and expended for architectural and engineering services in connection with the construction. Sections 16000 to 16006, inclusive, and Sections 16009, 16018 and 16021, shall be applicable to the administration of this article, unless the context of this article, as determined by the board, requires otherwise. Except to the extent and for the purposes expressly provided herein, the provisions of other articles in this chapter shall not be applicable hereto. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 8. School Housing Aid for a Regional Occupational Center in San Joaquin County [16300 - 16301] SECTION 16301. Source version: id_ce5cb4af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=8. (a) It is the intent of the Legislature in enacting this article to finance the capital expenditures involved in the construction, equipping, and establishment of a regional occupational center to be maintained by the Stockton Unified School District, to serve an area in great need of occupational preparation. It is the further intent of the Legislature, by this article, to improve the employment opportunities of persons residing in areas of need for the training by providing educational programs of a nature that will serve the social and economic needs of that area. The program provided will also serve to upgrade the cultural and intellectual life, as well as the economic life, of the area to be served. (b) The governing board of any school district maintaining a high school may, pursuant to Section 52301, cooperate with the Stockton Unified School District in the establishment and maintenance of the regional occupational center. (c) In conjunction with the regional occupational center, regional occupational programs may be established in the Stockton Unified School District and in participating school districts. (d) The cooperation in the establishment and maintenance of a regional occupational center pursuant to subdivision (b) and the establishment and maintenance of regional occupational programs pursuant to subdivision (c), may be undertaken pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. (e) Notwithstanding subdivisions (b), (c), and (d), the Stockton Unified School District has the sole duty to the state to operate and manage the regional occupational center and any regional occupational program authorized by this article. (f) The amount computed for the Stockton Unified School District pursuant to subdivision (a) of Section 42233 shall be deemed to have been increased by the amount raised within the Stockton Unified School District for the support of a regional occupational center and program, except capital outlay expenditures, maintained during the 1972–73 fiscal year by the county superintendents of schools. The other computations required by Article 2 (commencing with Section 42230) of Chapter 7 of Part 24 shall be adjusted to appropriately reflect the increase. The revenue limit applicable to the county superintendent of schools shall be reduced by an amount equal to the increase in the revenue limit of the Stockton Unified School District made pursuant to this subdivision. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16310. Source version: id_ce5e3b53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Not to exceed forty million dollars ($40,000,000) of the proceeds of the sale of bonds authorized by the State School Building Aid Bond Law of 1966 may be expended pursuant to this article. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16311. Source version: id_ce5e3b55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Not to exceed two hundred fifty million dollars ($250,000,000) of the proceeds of the sale of bonds authorized by the School Building Aid and Earthquake Reconstruction and Replacement Bond Law of 1972 may be expended pursuant to this article. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16312. Source version: id_ce5e3b57-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The Legislature hereby declares that it is in the interest of the state and the people thereof to provide assistance to school districts in rehabilitating or replacing structurally unsafe school facilities inasmuch as the education of children is an obligation of the state, and the obligation carries with it a corresponding responsibility for the physical safety of children while attending school. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16313. Source version: id_ce5e3b59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. It is the intent of the Legislature in enacting this article to provide a means through repayable state loans for school districts not otherwise eligible for assistance under this chapter (consisting principally of school districts in the urban centers of the state), to house their pupils in facilities that are structurally safe. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16314. Source version: id_ce5e3b5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The following terms, as used in this article, shall have the following meanings, unless the State Allocation Board finds a different meaning is essential for properly carrying out the purposes of this article, or finds that a different meaning clearly appears from the context: (a) “Board” means the State Allocation Board as defined in Article 1 (commencing with Section 16000) of this chapter. (b) “Director” means the Director of Education. (c) “District” means an elementary, high school, or unified school district. (d) “Project” means the purposes for which a district has applied for assistance in the rehabilitation or replacement of unsafe school facilities at a given attendance center. (e) “Apportionment” means an apportionment made under this article, and unless the context otherwise requires, it shall be deemed to include funds of a district required by the board to be contributed toward the cost of a project. (f) “Attendance center” means a school maintained or to be maintained at a given location within a district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16315. Source version: id_ce5e3b5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The State Allocation Board shall administer this article. The Director of General Services shall provide the assistance to the board as it may require. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16316. Source version: id_ce5fc1ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. In addition to any other powers and duties granted to the board by Article 1 (commencing with Section 16000) of this chapter, the board shall: (a) Establish the qualifications that it deems will best serve the purposes of this article for determining the eligibility of districts to apportionments under this article. (b) Establish the procedures and policies in connection with the administration of and expenditure of funds made available for the purpose of this article that it deems necessary. (c) Adopt the rules and regulations for the administration of this article, requiring the procedure, forms, and information as it may deem necessary. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16317. Source version: id_ce5fc201-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The board, by the adoption of rules, shall give priority in allocating funds to districts which will benefit most from the reconstruction or replacement of schoolhouse facilities. This priority may be based on the age and structural safety of existing buildings at the school or schools where the construction or reconstruction will occur, acuteness of overcrowding and density of population in the attendance areas affected, or any other factors that will insure that the greatest need will be served in allocating funds under this article. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16318. Source version: id_ce5fc203-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The board shall prescribe instructions specifying the manner in which property, real or personal, being replaced through the apportionment, shall be disposed of, and compliance with the instructions shall be a condition upon the making of the apportionment. The net proceeds derived from the disposition shall be contributed in reduction of any apportionment proportionate to the state’s participating in the project. Any school district affected shall comply with instructions prescribed by the board. The board may require a district to transfer to the state by any instruments deemed appropriate by the board, title to the property, whereupon, the board shall dispose of the property in any manner it deems appropriate to insure the highest return to the state, and apply the applicable proceeds therefrom in reduction of apportionments to the district. The district affected shall do all things deemed necessary by the board to implement the disposition. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16319. Source version: id_ce5fc205-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Apportionments under this article from the State School Building Aid Fund shall be made for the sole purpose of reconstructing or replacing existing substandard buildings that present a potential threat to the safety of schoolchildren and which do not comply with the requirements of Article 3 (commencing with Section 17280) of Chapter 2 of Part 10.5 or for the purpose of restoring facilities damaged by an earthquake after February 1, 1971, and for which there are no other state or federal funds available for the restoration. The apportionments shall be made in the manner and subject to the conditions herein provided and in accordance with policies adopted by the board for the following purposes, all of which purposes are declared to be, and are, public works: (a) The reconstruction, renovation, or remodeling of existing school buildings and facilities. (b) The construction of permanent or temporary school buildings and facilities for replacement purposes. (c) The acquisition, by purchase or lease, and the installation of classrooms for replacement purposes. (d) The acquisition and development of schoolsites necessary for construction of buildings approved under this article. (e) The construction, repair, attachment, or development of offsite facilities, utilities or improvements which the board determines are necessary to the proper operation or functioning of the school facilities for which apportionments are made. (f) The acquisition of additional furniture and equipment as is deemed necessary by the board to make the rehabilitated or replaced facilities properly function. (g) Any combination of the above. Except as is provided in Section 16320, apportionments shall not be made under this article for the purpose of reconstructing or replacing existing substandard buildings which have already been reconstructed or replaced using funds made available under Chapter 1575 of the Statutes of 1947, as amended, or Chapter 7 (commencing with Section 16500), Chapter 4 (commencing with Section 15700), and Chapter 8 (commencing with Section 16000) of this part. As a part of the purposes, where a district is required by a contract entered into between itself and a contractor, to obtain at its own expense insurance covering risks incurred during any construction, reconstruction, or alteration for which an apportionment has been made, the cost thereof may be paid either directly, or by way of reimbursement, to the district out of the apportionment, or out of any apportionment made specifically covering the insurance. However, in other respects the apportionments are eligible for payment under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16320. Source version: id_ce5fc207-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding the provisions of Section 16319, apportionments under this article from the proceeds of bonds remaining from the authorization provided in the State School Building Aid Bond Law of 1966 may be made for the purpose of (1) reconstructing or replacing existing substandard school buildings or high school dormitories that present a potential threat to the safety of schoolchildren and which were not previously constructed or reconstructed in accordance with the requirements of Article 3 (commencing with Section 17280) of Chapter 2 of Part 10.5 or which if previously reconstructed to comply with the provisions of Article 3 no longer meet the standards of structural safety prescribed under the authority of Article 3 in effect on April 10, 1933, or (2) reconstructing or replacing existing structures utilized by a school district as school buildings originally designed to house the United States Cavalry and used as World War II prisoner-of-war camp structures or an existing structure utilized by a school district as a school building which was originally designed as a mess facility for the United States Army Air Corps without regard to conditional or provisional structural approvals received by the district with respect to the buildings prior to the enactment of Chapter 500 of the Statutes of 1972. Apportionments for the reconstruction or replacement of a dormitory shall only be made when the use and occupancy of the dormitory will be by resident pupils of the district who are in attendance at the high school of the district and when in the judgment of the board the pupils cannot be reasonably expected to travel by vehicle to the school on a daily basis. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16321. Source version: id_ce6148a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding the provisions of Section 16319, apportionments under this article from the proceeds of bonds remaining from the authorization provided in the State School Building Aid Bond Law of 1966 may be made for the purpose of replacing school buildings severely damaged by an earthquake in Sonoma County subsequent to September 30, 1969, and subsequently demolished by the school district in the interest of safety to the children, but not yet replaced by permanent facilities. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16321.7. Source version: id_ce6148ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding the provisions of Section 16319, apportionments may be made to a school district for the purpose of replacing an existing substandard building which formerly housed the district’s high school, and which was subsequently replaced by a new high school building using an apportionment received under this chapter, but which continued to be used by the district for elementary school purposes from the time of completion of the new high school in the 1958–59 school year until November 1971, when the pupils were transferred from the unsafe school building to temporary structures. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16322. Source version: id_ce6148ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The State Department of Education shall provide the following services to school districts making applications for apportionments under this article: (a) It shall assist school districts in organizing a comprehensive planning effort. It shall guide a planning process through its appropriate steps and, when requested by a school district, it shall provide the school district with sources of expertise, either public or private, which may be able to contribute to the development of plans to find solutions for specific problems a school district may have. (b) It shall provide continuing research in relation to all phases of educational programs and the school facilities that are required to implement these educational programs. (c) It shall provide a review and evaluation service to school districts to assure the effectiveness of the facilities that have been provided in accommodating educational programs. (d) It shall provide communication media through publications and seminars, and prepare planning guides and procedures containing recommendations, which guides shall be used to disseminate educational planning information to all school districts. Unless specifically exempted by the State Allocation Board, each school district which files an application for an apportionment of funds under this article after July 1, 1973, shall prepare and submit to the board either, (1) a long-range comprehensive master plan justifying the application, prepared in accordance with acceptable planning procedures, or (2) a certification to the effect that replacement school buildings for which application has been made will all be located on existing schoolsites containing a school building or buildings, or (3) a certification that the applicant school maintains only one school. Specific information relating to the following factors must be included in the master plan: (a) A statement of the educational programs and goals of the district in relation to its programs, both current and future. (b) A comprehensive evaluation and report of the utilization of the school facilities now existing in the district together with preliminary plans of the facilities to be reconstructed or replaced under this article, prepared in accordance with the requirements of Section 17302 or 81138. (c) A comprehensive demographic study of the district, as it currently exists and as projected into the future. (d) A policy statement regarding actual or potential human problems. (e) A policy statement as to the priority in which the district proposes to solve its school housing problems. (f) A policy statement regarding cooperation with other local public agencies to achieve total community development. (g) A policy to insure continuous review so that plans will be kept up to date and changing conditions will be reviewed and accommodated by appropriate revision of plans. The director shall review the long-range master plan and project development plan and shall report his findings and recommendations thereon to the board. The board shall in no instance approve an application or make an apportionment therefor until it has determined to its satisfaction that the facility for which the apportionment is sought is justified by an appropriate estimate of average daily attendance and location within the district. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16323. Source version: id_ce6148af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Each school district which desires an apportionment shall submit through its governing board to the board an application therefor in the form and number of copies as the board shall prescribe. Each copy of the application shall be accompanied by a statement of the estimated cost of the project certified by an architect or structural engineer, and by layout plans showing the entire construction project for which the district desires an apportionment. Estimates of costs for new construction or equipment appearing in an application shall conform to cost standards adopted by the board under Section 16024. A school district shall not let any contract for new construction included in an application for a construction project which has been approved by the board if the cost exceeds the construction cost standards fixed by the board under Section 16024 for the new construction by more than 2 percent or except as otherwise provided in Section 16332. The amount, if any, by which the contract cost exceeds the construction cost standards fixed by the board shall be borne by the school district and shall not be included in the apportionment. A school district may at any time amend or supplement its application. Each construction project for which a district applies for an apportionment shall be applied for on a separate application and shall be considered separately by the board. If a district applies for more than one construction project, at the same time or at different times, the priority points of the district shall be recalculated after the approval of each separate construction project and before a subsequent construction project is approved. The board shall require any changes in the plans which an applicant school district submits with its application that the board determines is necessary or desirable to reduce the cost of the project. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16324. Source version: id_ce62cf51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. A school district may at any time file an application or amend or supplement an application. Upon receipt of any application, the Director of General Services shall as promptly as possible prepare a report and recommendation with respect to the application after having received recommendations from the director in respect to any matter which is subject to the jurisdiction or approval of the director or State Department of Education. The board shall, subject to the provisions of this article, approve, in whole or in part, or reject each application referred to it by the Director of General Services. If the board approves of the application, either in whole or in part, it shall, by a resolution adopted by it, apportion to the district from the State School Building Aid Fund the amount applied for, or any portion thereof that the board may determine appropriate. However, it may order that the apportionment or any part thereof shall be paid in progressive installments at any times and under any conditions that it may then prescribe. This shall be known as a conditional apportionment and shall become final only if the vote provided for in Section 16327 is favorable and if the county superintendent of schools furnishes a certificate satisfactory to the board certifying that there is on deposit in the state school building fund of the district the amount of district funds which, when added to the apportionment computed under Section 16330, will equal the estimated cost of the project approved under Section 16323. Unless the board has received the certificates of the county superintendent of schools required by this section within nine months from the date of the conditional apportionment, it shall, at the expiration of the nine-month period, void the conditional apportionment and shall certify this fact to the Controller. Each final apportionment made by the board under this article, shall be certified by it to the Controller who shall from time to time draw his or her warrant on the Treasurer in favor of the county treasurer of the county having jurisdiction over the district in accordance with the terms of the final apportionment. The warrant shall be exempt from the provisions of Division 4 (commencing with Section 16100) of Title 2 of the Government Code and shall be paid by the Treasurer from the State School Building Aid Fund. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16325. Source version: id_ce62cf53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The board may, upon approval of the application, in whole or in part, and subsequently from time to time, make a conditional apportionment or conditional apportionments not exceeding in the aggregate the total amount approved for the application from the State School Building Aid Fund for such portion or portions of the project for which the board determines the district is ready to proceed. If the board has approved an application and made an apportionment as to a portion or portions of a project, the board may approve the remaining portion or portions of the project and make an additional apportionment or apportionments as it deems appropriate. If the board determines that the actual cost is in excess of the estimated cost of the specific school plant facilities or sites for which an apportionment to a district has been made, or for which a district’s application has been approved in whole or in part pursuant to this section, the board may make an additional apportionment to any district in an amount equal to the excess even though the additional apportionment will result in the total apportionments to the district exceeding the amount of the application originally approved by the board. Approval of an application under this section shall not be construed as creating or implying any obligation, commitment or promise on the part of the board or the state to make apportionments under this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16326. Source version: id_ce62cf55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The amount of new building area for which an apportionment may be made for the purpose of replacing unsafe school buildings shall be computed in accordance with regulations adopted by the board. Such regulation shall be based upon the number of units of average daily attendance which were housed in the unsafe buildings being replaced and the building area limitations contained in Sections 16047, 16052, 16053, 16054 and 16055 together with any adjustments necessary to alleviate hardships occurring as a result of only partial replacement of an entire attendance center. In no event shall an apportionment be made for new building area the chargeable area of which exceeds the chargeable area of the unsafe buildings being replaced. The chargeable area of any school building shall be computed in the uniform manner prescribed by the board. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16327. Source version: id_ce62cf57-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. No payment of funds may be made pursuant to an apportionment unless the district holds an election at which the electorate of the district approve the acceptance, expenditure, and repayment of at least the amount apportioned pursuant to this article. The election may be held prior to or subsequent to an apportionment. If the electors voting at the election fail to approve the proposition by the same majority required at a district bond election, within nine months from the date of the apportionment, the apportionment and the board’s approval of the application become null and void. Notwithstanding the foregoing, an election held prior to the effective date of Article 9 (commencing with Section 16310) of this chapter, pursuant to Section 16058, is valid for the purposes of the foregoing paragraph, provided that the district is not otherwise eligible to receive apportionments under Article 1 (commencing with Section 16000), Article 2 (commencing with Section 16150), and Article 3 (commencing with Section 16190) of this chapter. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16328. Source version: id_ce62cf59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. No apportionment shall be made to a district for the construction, reconstruction, or alteration of, or addition to, school buildings if the requirements prescribed by this code for the construction of school buildings are not met by the plans for the entire building program of the district in connection with which the district applied for an apportionment. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16329. Source version: id_ce62cf5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Payment shall be made in accordance with the terms of an apportionment, either directly or by way of reimbursement, to a school district for expenditures, or commitments therefor, which have been made by the district subsequent to the effective date of this article for any items approved by the board in such apportionment. However, where expenditures were made for, or work was commenced with respect to, any item so approved, prior to the time the application of the district containing the item was received by the board, payment or reimbursement for the item, either with state funds or with district funds which the district is required to contribute by the apportionment, shall be made only upon authorization of the board by special resolution citing this section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16330. Source version: id_ce62cf5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The amount of the apportionment to a school district from the State School Building Aid Fund shall initially be computed by the board as follows: (a) Determining the ratio which the school district’s assessed valuation per pupil for the grade level of the project application bears to the statewide assessed valuation per pupil in that grade level, for the preceding fiscal year. (b) Subtracting the amount computed under (a) from four. (c) Dividing the amount computed under (b) by four plus the ratio which the school district’s assessed valuation per pupil for the grade level of the project application bears to the statewide assessed valuation per pupil for that grade level, for the preceding fiscal year, which computation shall be denoted the “basic computed state matching ratio of assistance.” (d) The computation prescribed by subdivisions (a), (b), and (c) may be diagrammed as follows, with “A.V.” representing the words “assessed valuation,” and “a.d.a.” representing the words “average daily attendance.” District A.V. per a.d.a. Basic computed 4 - Statewide A.V. per a.d.a. state matching = District A.V. per a.d.a. ratio of assistance 4 + Statewide A.V. per a.d.a. (e) The basic computed state matching ratio of assistance for a grade level of a school district shall not be less than 25 percent nor more than 80 percent of the cost of any specific project. (f) When the final eligible costs of a project have been determined pursuant to the audit prescribed in Sections 16340 and 16099, the amount of the basic computed state matching ratio of assistance to the district shall be adjusted accordingly. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16330.5. Source version: id_ce65dca0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding former Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1977, or anything to the contrary in this article, whenever the State Allocation Board determines that state funds are not available to make an apportionment for an otherwise eligible project in the amount computed pursuant to Section 16330, an application may be approved and an apportionment made for one dollar ($1) only. In any instances the project may be financed by the applicant district using funds derived from a twenty-cent ($0.20) tax levy provided by Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1977, together with any other funds available to the district for those purposes. The tax levy shall be twenty cents ($0.20) per one hundred dollars ($100) of assessed value for years prior to the 1980-81 fiscal year and beginning in the 1981–82 fiscal year shall be 0.05 percent of the full value. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16331. Source version: id_ce65dca2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. A school district may obtain local funds to match the state assistance with any combination of funds available as follows: (a) Through the issuance of school district bonds. (b) Through the levy and collection of school district taxes. The proceeds of any increase in the maximum tax rate shall be used exclusively for projects for which an apportionment or apportionments have been made under this article. (c) Through the levy and collection of school district taxes as authorized by Section 39230. (d) From any other fund available for capital outlay purposes. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16332. Source version: id_ce65dca4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Whenever a school district determines that it is in its best interest to provide facilities on a given schoolsite in addition to those contained in the approved application, it may do so, with any excess funds it has available for capital outlay purposes, beyond those required under this article, by adding the excess funds to the total cost of the project. There shall be no penalties imposed under this article as a result of the expenditures. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16333. Source version: id_ce65dca6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Whenever a school district has received an apportionment or apportionments of funds pursuant to Chapter 6 (commencing with Section 15700) or Chapter 8 (commencing with Section 16000) of this part, and, through the issuance of bonds, uses the bond proceeds as its source of funds to match its share of the eligible project cost of any project for which an apportionment of funds is made under this article, the amount of the bond funds shall be considered eligible bonded debt service in the computations made by the Director of General Services prescribed in Sections 15729 and 15730 and in Sections 16070 to 16090, inclusive. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16334. Source version: id_ce65dca8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. The interest on apportionments made under this article shall be established by the board, with the approval of the Director of General Services, as follows: (1) The interest rate applicable to apportionments made pursuant to Article 1 (commencing with Section 16000) and determined in accordance with Section 16065 shall be established as of June 30 of each year. (2) The applicable interest rate on June 30 shall apply to apportionments made under this article in the ensuing fiscal year, July 1 through June 30. (3) Interest on the apportionment shall be compounded annually through the 30th day of June of each year. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16335. Source version: id_ce65dcaa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Each district to which an apportionment or apportionments has been made under this article shall repay the principal amount of such apportionment or apportionments and the accrued interest thereon in 20 equal annual payments. The first payment shall be made in the second fiscal year following the year in which the apportionment is made. In any year prior to the 1980–81 fiscal year in which the equal annual repayment exceeds that amount which seventeen and one-half cents ($0.175) per one hundred dollars ($100) of assessed valuation for each grade level (i.e. elementary or high school) operated by the district would raise during the year of the computation, the repayment shall be reduced to the amount which the seventeen and one-half cents ($0.175) for each grade level would so raise. In any year, beginning in the 1981–82 fiscal year, in which the equal annual repayment exceeds that amount which 0.04375 percent of the full value for each grade level operated by the district would raise during the year of the computation, the repayment shall be reduced to the amount which the 0.04375 percent of the full value for each grade level would so raise. The amount of the reduction in computed repayment shall be canceled on the books of the Controller. If more than one apportionment is made the annual amount payable shall be the sum of the amounts which would be payable on each amount if computed separately. On or before the first day of January of each fiscal year the State Controller shall determine the annual repayment, if any, to be due from each district during the next succeeding fiscal year. The computation and collection procedures shall be in accordance with Sections 16080, 16089, and 16090. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16335.1. Source version: id_ce67634c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Any apportionment made to the Marysville Joint Unified School District under Section 16339.8 shall be repaid through the continuance of the seventeen and one-half cents ($0.175) per one hundred dollars ($100) of assessed valuation per grade level tax rate set forth in Section 16335, after such time as the maximum repayment under Section 16335 becomes less than seventeen and one-half cents ($0.175) per one hundred dollars ($100) of assessed valuation per grade level. When the Controller has determined that the entire apportionment including interest, but less any amount paid by the district pursuant to Section 16339.8 has been completely repaid, this section shall cease to be operative. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998. Inoperative on date prescribed its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16336. Source version: id_ce67634e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding any provisions of this article, any school district which has levied the entire amount permitted under former Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1977, and has declared the entire proceeds therefrom available as local matching funds for a particular project, but lacks sufficient matching funds for the project as required under this article, may file an application thereunder prior to January 1, 1974. Under the circumstances the board may increase the basic computed state matching ratio of assistance in the amount, which, when added to the sum of the entire proceeds of the levy permitted under former Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1997, and any other funds which in the opinion of the board is or can be made currently available for the project, including funds authorized by the electors from bonds or otherwise, would be necessary to construct minimum essential facilities for the project as determined by the board. Not more than forty-five million dollars ($45,000,000) available for the purposes of this article may be apportioned for increases in the basic computed state matching ratio pursuant to this section. The source of the forty-five million dollars ($45,000,000) apportioned for this purpose shall be thirty million dollars ($30,000,000) previously appropriated for this purpose from the School Building Safety Fund by Chapter 500 of the Statutes of 1972, plus an additional fifteen million dollars ($15,000,000) of bond funds remaining from the State School Building Aid Bond Law of 1966. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16337. Source version: id_ce676350-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding any provisions of this article, where less than thirty million dollars ($30,000,000) has been apportioned or otherwise reserved by the board pursuant to Section 16336 on January 1, 1973, the board shall apportion as grants the remainder thereof under this section for matching purposes pursuant to this article to districts which the board determines has the greatest need. The apportionments under this section may be made only to those districts (1) which would not have been eligible to apply under Section 16336 if they had levied the entire twenty cent ($0.20) tax rate specified therein, and (2) which have filed an application by January 1, 1973, and received an apportionment under this article from the board by February 28, 1973. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16339. Source version: id_ce68e9f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding any provisions of this article or Section 16336 thereof to the contrary, any school district which lacks sufficient matching funds for a particular project or projects, as required under this article, may file an application and the board may approve a project or projects conditioned upon the district levying, in the 1974–75 fiscal year, the entire twenty cent ($0.20) tax rate per one hundred dollars ($100) of assessed valuation permitted under former Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1997, or Section 81180 and applying the proceeds of such levy as local matching funds for such project or projects. Beginning in the 1981–82 fiscal year, the tax shall be 0.05 percent of full value. Under those circumstances, provided the applicant district was not eligible to receive a grant under Section 16337, the board may increase the basic computed state matching ratio of assistance in that amount, which, when added to the sum of the entire proceeds of the twenty cent ($0.20) tax rate, except beginning in the 1981–82 fiscal year, the tax shall be 0.05 percent of full value, and any other funds which in the opinion of the board are or can be made currently available for the project or projects, would be necessary to construct minimum essential facilities for the project or projects as determined by the board. Not more than nineteen million dollars ($19,000,000) of the proceeds of the sale of bonds authorized by Section 16310, may be apportioned pursuant to this section and in augmentation of the forty-five million dollars ($45,000,000) made available under Section 16336. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16339.5. Source version: id_ce68e9f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding any provisions of this article to the contrary, any district which does not have sufficient matching funds for a particular project as required under this article may file an application under Section 16339, and the board may approve the project conditioned upon the district levying in the 1975–76 fiscal year the entire twenty cent ($0.20) tax rate per one hundred dollars ($100) of the assessed valuation permitted under Section 39230.1 in lieu of the tax authorized by Section 16339 and applying the entire proceeds of the levy as local matching funds for the project providing: (a) The district has levied a tax at the rate of at least ten cents ($0.10) per one hundred dollars ($100) of assessed valuation of the tax permitted under Section 39230 for the 1973–74 fiscal year and of at least nine cents ($0.09) per one hundred dollars ($100) of assessed valuation of the tax permitted under Section 39230 for the 1974–75 fiscal year. (b) The district has sold the facilities to be replaced to a county prior to June 1972, but continued to use the facilities after the sale until June 1972. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16339.6. Source version: id_ce68e9f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding any provisions of this article or Sections 16336 and 16339 thereof to the contrary, any school district, which has issued at least thirty-seven million dollars ($37,000,000) in bonds for the purpose of replacing structurally unsafe buildings and which lacks sufficient matching funds for a particular project or projects, as required under this article, may apply and the board may approve, a project or projects conditioned upon the district having levied or being required to levy, in the fiscal years 1974–75, 1975–76, and 1976–77, the entire twenty cent ($0.20) tax rate per one hundred dollars ($100) of assessed valuation permitted under Section 39230 and applying the entire proceeds therefrom as local matching funds to an eligible project or projects. Under those circumstances, the board may increase the basic computed state matching ratio of assistance in the amount which, when added to the sum of (1) the entire proceeds which have been collected from the aforementioned twenty cent ($0.20) tax levies at the time of the application and not yet applied as matching funds to previously approved projects and (2) any other funds which in the opinion of the board are or can be made currently available for the project or projects, would be necessary to construct minimum essential facilities for the project or projects as determined by the board. Not more than six million dollars ($6,000,000) of the proceeds of the sale of bonds authorized by Section 16310, may be apportioned pursuant to this section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16339.8. Source version: id_ce68e9f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding any provisions of this article to the contrary, the State Allocation Board may appropriate to the Marysville Joint Unified School District a sum not to exceed seven hundred thousand dollars ($700,000) for costs incurred in repairing damage at Lindhurst High School, which was constructed pursuant to this article as a replacement of facilities not complying with earthquake safety requirements. The need for the repair of Lindhurst High School may have been caused by improper construction or design. Therefore, the proceeds received from any insurance or arbitration award, or any other action, shall be paid by the district to the board as a direct reduction in the apportionment made under this section. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16340. Source version: id_ce68e9fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Sections 16006, 16017, 16021, 16066, 16088, 16091, and 16093 to 16100, inclusive, shall be applicable to the administration of this article unless the context of this article as determined by the board, requires otherwise. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16341. Source version: id_ce68e9fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Whenever a school district receives or has received an apportionment under this article for the purchase of a site which contains existing improvements, the board may require the district to dispose of any existing improvements that a condition of receiving an apportionment in any manner that the board deems proper. Whenever a district sells, leases or disposes of any site acquired under an apportionment or any improvements appurtenant to any site so acquired it shall contribute a portion of the net proceeds therefrom or the value of any consideration received therefor, in reduction of any apportionment, such portion being proportionate to the state’s participation in the project. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16342. Source version: id_ce68e9fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. To determine the effect of school housing aid for reorganized districts, the applicable portions of Article 2 (commencing with Section 16150) of this chapter shall apply. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16343. Source version: id_ce6a70a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Whenever a conditional apportionment has, prior to January 1, 1980, been made to an applicant school district pursuant to this chapter and thereafter the county superintendent of schools of the county having jurisdiction over such district has certified to the board and the Controller that at an election called, held and conducted in the district for that purpose, the qualified electors of the district voting thereat authorized the governing board of the applicant school district, by the same majority vote required at a district bond election, to accept, expend and repay an apportionment under the provisions of this chapter, and whenever thereafter said county superintendent of schools has certified to the board and the Controller that the required contribution of the district has been placed on deposit in the state school building fund of the district and the board has certified to the Controller that the apportionment to the applicant school district has become final, such final apportionment is hereby confirmed, ratified, and validated, and any expenditure of money from the State School Building Aid Fund or the School Building Safety Fund according to the terms of such final apportionment is hereby confirmed, ratified, and validated. Notwithstanding any provision to the contrary, no funds authorized by any bond act for the purpose of this chapter shall be made available for expenditure without specific authority of the board or its delegated representative. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] SECTION 16344. Source version: id_ce6a70a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=6.&article=9. Notwithstanding the provisions of Section 16319, if a school district otherwise eligible to receive an apportionment under this article operates sufficient continuous school programs (as defined in Chapter 5 (commencing with Section 37600) of Part 22) to provide housing for students displaced from structurally inadequate facilities, the costs of modifying any existing facilities necessary for the implementation of any continuous school programs shall be eligible, upon the review and recommendation of the State Department of Education, for an apportionment under this article from the proceeds of bonds remaining from the authorization provided in the State School Building Aid Law of 1966. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 1. General Provisions [16500 - 16504] SECTION 16500. Source version: id_ce6d7de8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=1. This chapter may be cited as the “State Project Area School Construction Law.” (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 1. General Provisions [16500 - 16504] SECTION 16501. Source version: id_ce6d7dea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=1. In recognition of the impact which certain major state construction projects have on local school district building needs in the areas in which the projects are constructed, the Legislature declares that it is the policy of the state to bear a proportionate share of the construction costs of school buildings in the area affected in the manner and to the extent provided by this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 1. General Provisions [16500 - 16504] SECTION 16502. Source version: id_ce6d7dec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=1. As used in this chapter: (a) “State project” means any construction project undertaken by the state, or the state and federal government jointly, which will cause a sudden influx of people into the area affected and where sufficient housing, schools, and other community facilities are not available. For the purposes of this subdivision, the Governor is hereby empowered to proclaim any major construction project undertaken by the state as a “state project” and define the area affected or likely to be affected thereby if both of the following conditions are satisfied: (1) The Governor finds that the construction project will cause a sudden influx of people into the area. (2) The Governor is requested to do so by the county board of supervisors. The proclamation shall be in writing and shall take effect immediately. As soon thereafter as possible it shall be filed in the office of the Secretary of State. (b) “Board” means the State Allocation Board. (c) “Director” means the Director of Education for kindergarten and grades 1 to 12, inclusive. (d) “Project” means the purposes for which a school district has applied for an apportionment. (e) “Construction project” means the purposes for which a school district has applied for an apportionment at a given location. (f) “Grade level maintained by a district” means any of the following: (1) The kindergarten, if any, and grades 1 to 6, or grades 1 to 8, inclusive, maintained by an elementary school district or a unified school district. (2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive, maintained by a high school district or unified school district, but not more than one grade level shall be claimed by any district under any one of the paragraphs of this subdivision. (g) “Apportionment” means an apportionment made under this chapter unless the context otherwise requires. (h) “Project children” means children of parents who have come to the district subsequent to the start of the state project and who are employed by the State of California or the federal government in connection with a state project and children of parents employed by any contractor or subcontractor of a state project. (i) “Indirect project children” means children of parents who have come to the district subsequent to the start of the state project and who are not employed by a contractor or subcontractor of a state project but who are children in the area in addition to those which would be expected as a result of normal development and growth of the area as determined pursuant to regulations of the director which he or she is hereby authorized to adopt. (j) “Parent” includes a legal guardian or other person standing in loco parentis. (k) “Department” means the State Department of Education. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 1. General Provisions [16500 - 16504] SECTION 16503. Source version: id_ce6d7dee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=1. The Director of General Services shall administer this chapter and shall provide any assistance to the board that it may require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 1. General Provisions [16500 - 16504] SECTION 16504. Source version: id_ce6f0490-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=1. A fund in the State Treasury is hereby created, to be known as the State School Construction Fund. All money in the State School Construction Fund, including any money deposited in the fund from any source whatsoever after September 11, 1957, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to apportionments made under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16520. Source version: id_ce6f0494-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. Apportionment from the State School Construction Fund to school districts shall be made in the manner and subject to the conditions herein provided and in accordance with policies adopted by the board, for any of the following purposes: (a) The purchase and improvement of schoolsites which have been approved by the department. (b) The purchase of desks, tables, chairs, and equipment, as approved by the department. (c) The planning and construction, reconstruction, alteration of, and addition to, school buildings for facilities that are approved by the department as essential, all of which purposes are hereby declared to be, and are, public works. Where a district is required by a contract entered into between itself and a contractor, to obtain at its own expense insurance covering risks incurred during any construction, reconstruction or alteration for which an apportionment has been made, the cost thereof may be paid either directly, or by way of reimbursement, to the district out of the apportionment, or out of any apportionment made specifically covering the insurance. However, in other respects the apportionments are eligible for payment under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16521. Source version: id_ce6f0496-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. In addition to the purposes for which apportionments may be made to school districts under Section 16520, apportionments may also be made to school districts for the construction, repair, attachment or development of offsite facilities, utilities or improvements which the board determines are necessary to the proper operation or functioning of the school facilities for which apportionments are made, all of which purposes are hereby declared to be, and are, public works. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16522. Source version: id_ce6f0498-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. In making applications for, and in expending, apportionments of funds under this chapter, a district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. Upon the payment by the district of the amounts required to be paid by it to the state under this chapter, the board shall, in the name of the state, convey the property to the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16523. Source version: id_ce6f049a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. The board may require school districts to insure for the benefit of the state all sites, equipment, and buildings which are the property of the state, against any risks and in any amounts that the board may deem necessary to protect the interests of the state. No state funds apportioned under this chapter shall be used to pay the premiums on the insurance. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16524. Source version: id_ce6f049c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. A district shall be eligible to an apportionment under this chapter if the estimated number of project children and indirect project children who will be in average daily attendance in the schools of the district during the period of the state project is at least 25 and is at least 5 percent of the estimated number of all children who will be in average daily attendance in the schools of the district during the current fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16525. Source version: id_ce7211de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. Any eligible school district may make application for an apportionment for a grade level which it maintains by submitting through the governing board an application therefor in a form and number that the board shall prescribe. The application shall be addressed to the board and shall set forth a project for the construction of school facilities for the district in accordance with this section. (a) Each application and copy thereof shall contain and be supported by: (1) A description of the project and the site therefor, preliminary drawings of the school facilities to be constructed thereon, and any other information relating to the project that the board may require. (2) A statement of the estimated cost of the project certified by an architect or structural engineer. (3) Evidence that the district has or will have title to the site upon which the facilities as specified in the application will be constructed. (4) Assurance that the district will cause the work on the project to be commenced within a reasonable time and prosecuted to completion with reasonable diligence. (b) The board shall require any changes in the plans which an applicant school district submits with its application that the board determines is necessary or desirable to assure completion of the project with available funds of the district and the amount of the apportionment to which the district is entitled under this chapter. For that purpose the board may delegate to the director or the Director of General Services, according to whether the subject matter of the revision of the plans is subject to the jurisdiction and approval of the director or the Director of General Services, the authority to require any revision in the plans that the board deems necessary or desirable to accomplish the purposes of this subdivision. (c) Upon submission of an application for an apportionment under this chapter the Director of General Services shall do each of the following: (1) Transmit a copy of the application to the director who shall as promptly as possible prepare a report and recommendation with respect thereto. Thereupon the director shall transmit his or her report and recommendation to the Director of General Services who shall refer them to the board if he or she finds them in proper form and otherwise sufficient. If the Director of General Services finds the documents to be lacking in any respect as to any matter subject to the jurisdiction of the director or the department, he or she shall refer them to the director who shall take any action that may be necessary. (2) Determine the applicant district’s financial ability with funds apportioned under this chapter and funds devoted by the district to the project to meet the cost of the project and submit his or her report thereon as promptly as possible to the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16526. Source version: id_ce7211e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. At the next regular meeting of the board following the submission of the reports and recommendations required by Section 16525, the board shall, subject to this chapter, approve or reject the application. If the board approves the application, it shall by resolution adopted by it, apportion to the district from the State School Construction Fund the amount applied for, or any portion thereof that the board determines proper. This shall be known as a conditional apportionment and shall become final only if the vote provided for in Section 16527 is favorable. The conditional apportionment shall remain in effect for a period of nine months from the date of the resolution of the board. If the apportionment does not become final within the time prescribed, it shall become void and the money so apportioned shall again become available for apportionment pursuant to this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16527. Source version: id_ce7211e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. No apportionment to a school district under this chapter shall become final, nor shall any agreement authorized by Section 16528 be entered into, unless at an election called by the governing board of the district, two-thirds of the qualified electors of the district voting thereat have authorized the governing board to accept, expend, and repay an apportionment as provided in this chapter or, with respect to an agreement authorized by Section 16528, to obligate the district in an amount equal to or in excess of the maximum amount which the district could be obligated by the agreement, or by any act of its governing board, or for which it is responsible, contemplated, or permitted under the agreement. The election shall be called, held, and conducted in the same manner as are elections to authorize the issuance of district bonds, except that the ballot shall contain substantially the following words: “Shall the governing board of the district be authorized (1) to accept and expend an apportionment from the State of California under and subject to the provisions of the State Project Area School Construction Law, a portion of which amount is subject to repayment as provided by that law, or (2) to enter into an agreement or agreements with the state pursuant to Section 16528 of the Education Code, which will at the time of the agreement or agreements (or at the time of any subsequent act of the governing board, or for which it is responsible, contemplated or permitted thereby) commit the district to a total expenditure in connection with all of these agreements of not more than ____ dollars, or both. Yes ___ No ___.” (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 2. Apportionments [16520 - 16528] SECTION 16528. Source version: id_ce7211e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=2. (a) In addition to the powers granted the board under this chapter, the board shall have authority to do each of the following: (1) Make apportionments to districts for the purchase of sites only, or for the construction or purchase of temporary or portable buildings, and for the cost of site preparation, including any necessary utility costs, in connection with their utilization. (2) Establish standards in conjunction with the State Department of Education pertaining to the sites and buildings as a condition for making the apportionment. In addition the board may also expend moneys from the State School Construction Fund directly for the construction, acquisition, storage, maintenance, and repair of the buildings, including administrative costs related thereto. In the latter event the board may lease, sell, or transfer under a lease-purchase agreement the buildings to school districts eligible for aid under this chapter, under the terms as it deems fit. Agreements pertaining thereto may provide for the payment by the state of site preparation costs, including any necessary utility costs, sufficient to permit their utilization. (b) Whenever the board deems it economically desirable to do so the board may dispose of any facilities acquired or constructed directly by it under this section to any public or private parties under the terms and in the manner as the board deems fit, save insofar as the disposal is inconsistent with any agreement under this section between the board and an affected district. The board is authorized to do any and all things necessary to effectuate the purposes of this section, and any eligible school district is authorized to enter into an agreement with the board to carry out the purposes hereof. (c) Any buildings leased for placement on the school property or under a purchase or a lease-purchase agreement shall be deemed the construction or alteration of a school building as those terms are defined in Sections 17280 to 17313, inclusive. (d) The consideration provided by any agreement between the state and districts pursuant to this section shall as nearly as possible reflect an amount which would return to the state a fair pro rata proportion of its capital investment and expenditures connected therewith in the light of the benefits conferred by the agreement. The consideration shall be paid by the districts promptly when due, and Section 16573 shall not be deemed applicable to reduce the consideration, provided that the amounts so repaid shall be redeposited in the State School Construction Fund. (e) No agreement shall be entered into under this section unless the department has, with respect thereto, or as a condition of making the agreement, approved each of the following items: (1) The property to be transferred, including any incidental construction pertaining thereto. (2) Whether the agreement shall be by lease or sale. (3) The term of the transfer, if less than a sale, including any contingent or indefinite term. “Sale” as used in this subdivision includes a lease-purchase transaction. The jurisdiction of the department shall not otherwise extend to the terms of the agreement. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 3. Apportionments, Computation [16540 - 16543] SECTION 16540. Source version: id_ce739888-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=3. The board shall compute for each applicant school district the amount to which the district is entitled under this chapter in the manner prescribed by this article. The amount so computed shall be reduced by the amount received or to be received by the district under Public Law 815 of the 81st Congress, as amended, or any similar provisions of any other act of Congress, solely on account of the participation of the federal government in the state project or shall be reduced by the percentage of the cost of the project (as that term is defined in Section 41930) borne by the federal government, whichever is the greater amount. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 3. Apportionments, Computation [16540 - 16543] SECTION 16541. Source version: id_ce73988a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=3. In the computation of the apportionments to applicant school districts, the board may utilize the facilities and services of any department or agency of the state and may delegate the performance of any duties or functions, except those specifically delegated by this chapter to the director or department, to any officer or employee thereof as the board deems necessary and proper. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 3. Apportionments, Computation [16540 - 16543] SECTION 16542. Source version: id_ce73988c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=3. The board shall multiply: (a) The estimated number of project children in the district by the current construction cost per pupil in the area of the state project. (b) The estimated number of indirect project children in the district by the current construction cost per pupil in the area, multiplied by 55 percent. (c) “Current construction cost per pupil” as used in this section means the average per pupil cost of constructing complete school facilities for the grade level maintained by the district for which application for an apportionment is made under this chapter. (d) The total of the amounts computed pursuant to subdivisions (a) and (b) shall be apportioned to the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 3. Apportionments, Computation [16540 - 16543] SECTION 16543. Source version: id_ce73988e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=3. (a) The average per pupil cost of constructing complete school facilities in the area of the state project for the purposes of this article shall be determined by the board, after consultation with the department and the Department of General Services, on the basis of information obtained thereby and any other information that may be available to the department. (b) Estimates of the number of project children and indirect project children for the purpose of this article shall be made by the applicant school district in accordance with rules prescribed by the director and shall be made as of the time the greatest number of such children will attend the schools of the district as a result of the state project. The estimates shall be made on the basis of the best information available to the district at the time of the application. Approval of the estimates by the director, in whole or in part, shall be on the basis of the best information available to the director at the time of the approval. In the approval of estimates of the number of project children and indirect project children for the purposes of this article the director may utilize the facilities and services of any department or agency of the state as he or she deems necessary and proper. No estimate shall be used as a basis of an apportionment that has not been approved by the director. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 4. Apportionments, Payment [16550 - 16557] SECTION 16550. Source version: id_ce751f32-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=4. Immediately after the result of the election required by Section 16527 has been determined, the county superintendent of schools shall make a certificate in duplicate stating whether the district has authorized the acceptance and expenditure of the apportionment. One copy of the certificate shall be sent to the board and one copy to the Controller. Upon the receipt by the board of the certificate, the apportionment shall become final. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 4. Apportionments, Payment [16550 - 16557] SECTION 16551. Source version: id_ce751f34-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=4. The election by a school district upon the acceptance, expenditure, and repayment of an apportionment prescribed by Section 16527 may be called and held either before or after the making of an apportionment. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 4. Apportionments, Payment [16550 - 16557] SECTION 16552. Source version: id_ce751f36-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=4. Payment shall be made in accordance with the terms of a final apportionment, to a school district for expenditures, or commitments therefor, which have been made by the district subsequent to the date of the proclamation of the Governor proclaiming a state project in the area including the district, for any items approved by the board in the apportionment. However, if expenditures were made for, or work was commenced with respect to, any item so approved, prior to the time the application of the district containing the item was received by the board, payment or reimbursement for the item shall be made only upon authorization of the board by special resolution citing this section. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 4. Apportionments, Payment [16550 - 16557] SECTION 16553. Source version: id_ce751f38-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=4. The board shall prescribe in the detail that it deems necessary, the purposes for which moneys apportioned by it to a district under this chapter may be expended and the prescription shall be binding upon the governing board of the district except that it may be, for good cause, modified by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 4. Apportionments, Payment [16550 - 16557] SECTION 16554. Source version: id_ce751f3a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=4. Each apportionment made by the board under this chapter shall be certified by it to the Controller who shall thereupon draw his or her warrant on the State Treasury in favor of the county treasurer of the county having jurisdiction over the district. The warrant shall be paid by the Treasurer from the State School Construction Fund and is not subject to the provisions of Section 925.6 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 4. Apportionments, Payment [16550 - 16557] SECTION 16555. Source version: id_ce751f3c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=4. The county treasurer of each county shall pay all moneys received by him or her under this chapter into the county treasury to the credit of the state school construction fund of the district, which fund is hereby created, exactly as apportioned by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 4. Apportionments, Payment [16550 - 16557] SECTION 16556. Source version: id_ce751f3e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=4. The governing board of each school district to which an apportionment has been made under this chapter shall expend the moneys in the state school construction fund of the district only for the purposes for which the moneys were apportioned to the district and for no other purpose and shall make any reports relating to the expenditure of the moneys that the board and the Controller shall require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 4. Apportionments, Payment [16550 - 16557] SECTION 16557. Source version: id_ce751f40-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=4. It shall be the duty of the Controller to make any audit or audits of the books and records of counties and school districts receiving apportionments under this chapter, that he or she may deem necessary from time to time, for the purpose of determining that the money received by school districts as apportionments hereunder has been expended for the purposes authorized by this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 5. Apportionments, Repayment [16570 - 16577] SECTION 16570. Source version: id_ce76a5e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=5. Each school district to which an apportionment is made under this chapter shall repay the principal amount of the apportionment in the manner prescribed by this article. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 5. Apportionments, Repayment [16570 - 16577] SECTION 16571. Source version: id_ce76a5e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=5. For purposes of computing the repayment, the state project shall be deemed completed on June 30th of the fiscal year in which the state project is completed and accepted by the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 5. Apportionments, Repayment [16570 - 16577] SECTION 16572. Source version: id_ce76a5e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=5. The principal amount of the apportionment shall be computed and repaid in the manner prescribed in this article. (a) On or before the first day of January succeeding the completion of the state project, the Controller shall compute the annual repayment of each apportionment for each grade level maintained by the district, as follows: (1) He or she shall determine from the certification of the director the total amount of average daily attendance of project children, and the total amount of average daily attendance of indirect project children, in attendance in the grade level maintained by the district for the period commencing with the date of the proclamation of the Governor proclaiming the existence of a state project in the area including the district and ending on June 30th of the fiscal year in which the state project is completed. (2) He or she shall divide the average daily attendance of the project children by 30 and multiply the quotient by the amount determined by the board pursuant to Section 16543 as the average per pupil cost of construction in the area of the state project. (3) He or she shall multiply the average daily attendance of the indirect project children by 55 percent. The product shall be divided by 30 and the quotient multiplied by the amount determined by the board pursuant to Section 16543 as the average per pupil cost of construction in the area of the state project. (4) The total of the amounts computed pursuant to paragraphs (2) and (3) shall be subtracted from the amount of the apportionment to the district. The remainder shall be divided by 30 and the quotient shall constitute the amount of the annual repayment of the apportionment. (5) Upon application of the district and approval by the board, the total amount of the repayment may be paid in a lump sum or in fewer than 30 years. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 5. Apportionments, Repayment [16570 - 16577] SECTION 16573. Source version: id_ce782c8a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=5. If on June 30th of the fiscal year in which the state project is completed there is classroom space constructed with funds apportioned under this chapter, that is not being used by the district, the board shall, upon application of the district, reduce the total amount to be repaid by the district on a proportionate basis until the time that the classroom space is used by the district. No payment shall be required by the district for the period during which the classroom space is not used by the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 5. Apportionments, Repayment [16570 - 16577] SECTION 16574. Source version: id_ce782c8c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=5. The Controller shall, during the fiscal year in which he or she determines the annual repayment as provided in Section 16572, and for each subsequent fiscal year not exceeding 30, deduct the total amount of the annual repayment of each district in equal amounts from each of the February, March, April, and May installments of the apportionments made to the district from the State School Fund under Sections 46304, 46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, and, on order of the Controller, the amount so deducted shall be transferred to the General Fund of the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 5. Apportionments, Repayment [16570 - 16577] SECTION 16575. Source version: id_ce782c8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=5. Upon computing in any fiscal year the amount to be deducted from the apportionments to the district from the State School Fund during the fiscal year, the Controller shall notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of the amount to be deducted. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 5. Apportionments, Repayment [16570 - 16577] SECTION 16576. Source version: id_ce782c90-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=5. The board of supervisors of the county, the county superintendent of which has jurisdiction over any district which under this chapter will have moneys withheld by the Controller from the apportionments to be made to it from the State School Fund during any fiscal year, shall annually at the time the board of supervisors makes the next levy of taxes for county purposes, levy a tax upon the property in the district sufficient to raise for the district the amount of money withheld by the Controller during the fiscal year preceding that in which the tax is levied. The tax, when collected, shall be paid into the county treasury of the county, the county superintendent of schools of which has jurisdiction over the district for which the tax was levied, to the credit of the general fund of the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 5. Apportionments, Repayment [16570 - 16577] SECTION 16577. Source version: id_ce782c92-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=5. Notwithstanding Section 16572 to the contrary, if on or before June 30th of the fiscal year in which the state project is completed the district has received a final apportionment under Sections 16000 to 16207, inclusive, or if at any time thereafter the district receives a final apportionment under Sections 16000 to 16207, inclusive, the amount of the apportionment to the district under this chapter then remaining unpaid shall, upon request of the district, be added to the principal amount of the apportionment made to the district under Sections 16000 to 16207, inclusive. Thereupon the apportionment made to the district under this chapter shall be deemed to be an apportionment made to the district under Sections 16000 to 16207, inclusive, and subject to repayment in the manner therein prescribed, except that no interest shall be charged or collected upon the amount which is added to the principal amount of the apportionment made to the district under Sections 16000 to 16207, inclusive. For the purposes of Section 16083, any amount added to the principal amount of an apportionment pursuant to this section shall be deemed to have become final and disbursed to the district on the date the state project is deemed completed pursuant to Section 16571. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 6. Miscellaneous [16590 - 16592] SECTION 16590. Source version: id_ce79b336-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=6. In addition to any other powers and duties as are granted the board by this chapter, the board shall do each of the following: (a) Establish any procedures and policies in connection with the administration of, and the expenditure of funds made available for the purpose of, this chapter that it deems necessary and which are not in conflict with the powers and duties of the State Department of Education or of the director granted or imposed by this chapter. (b) Adopt any rules and regulations for the administration of this chapter, requiring any procedure, forms, and information, that it may deem necessary. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 6. Miscellaneous [16590 - 16592] SECTION 16591. Source version: id_ce79b338-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=6. The State Allocation Board is continued in existence for the purposes of this chapter. The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid out of the State School Construction Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ARTICLE 6. Miscellaneous [16590 - 16592] SECTION 16592. Source version: id_ce79b33a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=7.&article=6. Whenever the Controller determines that any money apportioned to a school district under this chapter has been expended by the district for purposes not authorized by this chapter, or exceeds the final cost of the project which is authorized by this chapter to be paid therefrom, the Controller shall furnish written notice to the board, the governing board of the school district, the county superintendent of schools, the county auditor, and the county treasurer of the county whose county superintendent of schools has jurisdiction over the school district, directing the school district and the county treasurer to pay into the State Treasury the amount of the unauthorized expenditures, or the amount of the excess apportionment, as the case may be. Upon receipt of the notice, the governing board shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the State School Construction Fund, to be reapportioned by the board. The governing body and county treasurer shall make the payments to the Treasurer as provided in this section, and the Controller shall enforce the collection on behalf of the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16700. Source version: id_ce7b39e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. This chapter may be cited as the “Urban School Construction Aid Law of 1968.” (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16701. Source version: id_ce7b39e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to aid urban school districts of the state in reconstructing, modernizing, or replacing schoolsites and buildings for pupils of the public school system who are now housed in substandard schools constructed prior to 1943. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16702. Source version: id_ce7b39e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. As used in this chapter: (a) “Board” means the State Allocation Board. (b) “Director” means the Director of Education. (c) “Project” means the purpose or purposes for which a school district has applied for an apportionment or apportionments. (d) “Apportionment” means an apportionment made under this chapter unless the context otherwise requires. (e) “Urban district” means any school district, the boundaries of which are substantially identical to or which encompass the boundaries of a city having a population in 1960 of not less than 50,000 persons. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16703. Source version: id_ce7b39e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The Director of General Services shall administer this chapter and shall provide any assistance to the board that it may require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16704. Source version: id_ce7b39e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The State Allocation Board is continued in existence for the purposes of this chapter. The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid out of the Urban School Construction Aid Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16705. Source version: id_ce7b39ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The board by the adoption of rules shall give priority in allocating funds to urban districts to those districts where the children will benefit most from schoolhouse facilities. This priority shall be based upon the age of existing buildings and the acuteness of overcrowding at the school or schools where the construction or reconstruction will occur, the density of population in the attendance areas affected, or any other factors that will insure that the greatest need will be served. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16706. Source version: id_ce7b39ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. In addition to any other powers and duties that are granted the board by this chapter, the board shall: (a) Establish any qualifications not in conflict with other provisions of this chapter that it deems will best serve the purposes of this chapter for determining the eligibility of school districts to apportionments of funds under this chapter. (b) Establish any procedures and policies in connection with the administration of, and the expenditure of funds made available for the purpose of, this chapter that it deems necessary. (c) Adopt any rules and regulations for the administration of this chapter, requiring any procedure, forms, and information, that it may deem necessary. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16707. Source version: id_ce7cc08e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The board shall prescribe instructions specifying the manner in which property, real or personal, being replaced through the apportionment, shall be disposed of, and compliance with the instructions shall be a condition upon the making of the apportionment. The net proceeds derived from the disposition shall be contributed in reduction of any apportionment. Any school district affected shall comply with instructions prescribed by the board. The board may require a district to transfer to the state, by any instruments deemed appropriate by the board, title to the replaced property, whereupon, the board shall dispose of the property in any manner it deems appropriate to insure the highest return to the state, and apply the proceeds therefrom in reduction of apportionments to the district. The district affected shall do all things deemed necessary by the board to implement the disposition. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16708. Source version: id_ce7cc090-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Apportionments from the Urban School Construction Aid Fund created by Section 16728 shall be limited to urban districts and shall be made for the sole purpose of reconstructing or replacing existing substandard buildings constructed prior to 1943. The apportionments shall be made in the manner and subject to the conditions herein provided and in accordance with policies adopted by the board for the following purposes: (1) The acquisition, by purchase or lease, and the installation and equipping portable classrooms for instructional purposes. (2) The acquisition and development of schoolsites. (3) The construction and equipping of permanent school buildings and facilities. (4) The reconstruction, renovation, or remodeling of existing school buildings and facilities. (5) Any combination of the above. As a part of these purposes, where a district is required by a contract entered into between itself and a contractor, to obtain at its own expense insurance covering risks incurred during any construction, reconstruction, or alteration for which an apportionment has been made, the cost thereof may be paid either directly, or by way of reimbursement, to the district out of the apportionment, or out of any apportionment made specifically covering the insurance, provided that in other respects the apportionments are eligible for payment under this chapter. A leasehold or use permit interest held by a school district in land owned in fee simple by the government of the United States may, for all purposes of this chapter, be deemed a purchase of land by the district and to vest title and ownership in the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16709. Source version: id_ce7cc092-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The board shall not make any apportionment with respect to an application for replacing inadequate school facilities unless it has first investigated and made a finding that it would not be economical or good practice to rehabilitate the facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16710. Source version: id_ce7cc094-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. In addition to the purposes for which apportionments may be made to school districts under Section 16708, apportionments may also be made to school districts for the construction, repair, attachment, or development of offsite facilities, utilities, or improvements which the board determines are necessary to the proper operation or functioning of the school facilities for which apportionments are made, all of which purposes are hereby declared to be, and are, public works. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16711. Source version: id_ce7e4736-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. (a) In making applications for, and in expending apportionments of funds under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. (b) The Director of General Services shall file with the county recorder of the county in which any site purchased or improved through the expenditure of funds apportioned under this chapter is located a certificate, properly acknowledged, indicating the state’s interest in real property of the district by virtue of this section, without the necessity of particularizing the real property. The recorder shall record and index the certificate in the same manner as abstracts of judgments and the certificate shall constitute constructive notice of the state’s interest in the particular real property affected. The certificate shall as to any party thereafter acquiring real property or any interest therein in the county from the school district have the same force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execution. That effect shall commence upon recordation and continue until the certificate is discharged or released as provided herein. (c) Upon request, the Director of General Services shall issue either of the following: (1) A release of the state’s interest in any real property or a portion thereof that the district has been authorized by the board to dispose of under this chapter, provided that delivery of the release may be subject to any conditions that may be prescribed by the board to protect the state’s interest. (2) A disclaimer of the state’s interest in any real property or a portion thereof of the district, the disposition of which the board is not required to consent to under this chapter, provided that the delivery of the disclaimer may be subject to any conditions that the board deems appropriate to protect the interests of the state, including conditions relating to the amount of consideration to be received from the disposition if the board asserts an interest in the proceeds of the disposition under other provisions of this chapter. The release or disclaimer shall conclusively protect any third party relying upon the same and shall be acknowledged to permit recordation by the county recorder. (d) Upon payment by the district of all amounts required to be paid by it or on its behalf to the state under this chapter both of the following shall occur: (1) The Director of General Services shall file with the recorder a release of any certificate. The release shall be recorded and indexed in the same index as the certificate. (2) The title to personal property purchased by such school district with funds apportioned under this chapter shall revert thereto without further action by the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16712. Source version: id_ce7e4738-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. A school district shall not expend money apportioned under this chapter unless the contracts under which the funds are expended have been let after competitive bids thereafter pursuant to this code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16713. Source version: id_ce7e473a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Each school district which desires an apportionment shall submit through its governing board to the board an application therefor in the form and number of copies as the board shall prescribe. Each copy of the application shall be accompanied by a statement of the estimated cost of the project certified by an architect or structural engineer, and by layout plans showing the entire construction project for which the district desires an apportionment. Estimates of costs for new construction or equipment appearing in an application shall not exceed typical current costs of comparable new construction or equipment by school districts in the same area not receiving an apportionment under this chapter, as determined by the Director of General Services, or if there has been no new construction by school districts in the area, the estimates of costs shall not exceed the reasonable current cost of similar construction or equipment in the area as determined by the Director of General Services. A school district may at any time file an application or amend or supplement an application. Upon receipt of any application, the Director of General Services shall as promptly as possible prepare a report and recommendation with respect to the application after having received recommendations from the director in respect to any matter which is subject to the jurisdiction or approval of the director or State Department of Education. The board shall, subject to the provisions of this chapter, approve, in whole or in part, or reject each application referred to it by the Director of General Services. If the board approves of the application, either in whole or in part, it shall, by a resolution adopted by it, apportion to the district from the Urban School Construction Aid Fund the amount applied for, or a portion thereof as the board may determine appropriate. However, it may order that the apportionment or any part thereof shall be paid in progressive installments at times and under conditions as it may then prescribe. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16714. Source version: id_ce7e473c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The board may approve, in whole or in part, an application submitted by a school district under Section 19263 and in any amount, not exceeding the amount applied for, that the board may deem appropriate. The board may, upon approval of the application, in whole or in part, and subsequently from time to time, make a conditional apportionment or conditional apportionments not exceeding in the aggregate the total amount approved in the application of the district by the board to the applicant school district from the Urban School Construction Aid Fund for any portion or portions of the project that the board determines the district is ready to proceed with. If the board has approved an application and made an apportionment as to a portion or portions of a project, the board may approve the remaining portion or portions of the project and make an additional apportionment or apportionments as it deems appropriate. If the board determines that the actual cost is in excess of the estimated cost of the specific school plant facilities or sites for which an apportionment to a district has been made, or for which a district’s application has been approved in whole or in part pursuant to this section, the board may make an additional apportionment to the district in an amount equal to the excess even though the additional apportionment will result in the total apportionments to the district exceeding the amount of the application originally approved by the board. Approval of an application under this section shall not be construed as creating or implying any obligation, commitment or promise on the part of the board or the state to make apportionments under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16715. Source version: id_ce7e473e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. No apportionment shall be made for new construction, the area of which exceeds the area of the unsafe buildings being replaced under Section 16708. The area of school buildings shall be computed in a uniform manner as prescribed by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16716. Source version: id_ce7e4740-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Payment shall be made in accordance with the terms of an apportionment, either directly or by way of reimbursement, to a school district for expenditures, or commitments therefor, which have been made by the district subsequent to the effective date of this chapter for any items approved by the board in the apportionment. However, if expenditures were made for, or work was commenced with respect to, any item so approved, prior to the time the application of the district containing the item was received by the board, payment or reimbursement for the item, either with state funds or with district funds which the district is required to contribute by the apportionment, shall be made only upon authorization of the board by special resolution citing this section. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16717. Source version: id_ce7fcce2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Notwithstanding any provision to the contrary, the board, with the approval of the Director of General Services, shall, pursuant to this section, fix the rate of interest to be paid by the districts on the sums apportioned during that fiscal year. Beginning each fiscal year the board shall compute the average of the rates of interest which the state pays upon the state school reconstruction and replacement bonds, sold at the three sales of state school reconstruction and replacement bonds occurring immediately prior to that fiscal year, or, if the board so determines, at all of the sales of the bonds occurring in the two years immediately prior thereto, giving effect to the price at which the state school reconstruction and replacement bonds sold at the sales, and the premium, if any paid, thereon. If an apportionment is made prior to the sale of state school reconstruction and replacement bonds, the board shall use the computed average rate of interest which the state paid on the last sale of state school building bonds. The average rate shall be adjusted to the next highest one-tenth of 1 percent to cover the cost of sale and issuance of the bonds and costs of administration. The adjusted average rate shall be the rate paid by districts on apportionments received during that fiscal year, and shall be compounded annually through the 30th day of June of each year. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16718. Source version: id_ce7fcce4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Apportionments may be made irrespective of whether there is on deposit at the time thereof a sufficient amount in the Urban School Construction Aid Fund to permit the payment of the apportionments. Disbursements may be made under any apportionment from any funds in the Urban School Construction Aid Fund irrespective of whether there exists at the time of the disbursement a sufficient amount in the fund to permit the payment in full of all apportionments previously made. However, no disbursements shall be made from any funds in the Urban School Construction Aid Fund required by law to be transferred to the General Fund, or from any moneys therein which the Controller deems necessary to satisfy appropriations from the fund for purposes other than apportionments. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16719. Source version: id_ce7fcce6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. No apportionment shall be made to a district for the construction, reconstruction, or alteration of, or addition to, school buildings if the requirements prescribed by this code for the construction of school buildings are not met by the plans for the entire building program of the district in connection with which the district applied for an apportionment. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16720. Source version: id_ce7fcce8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Each district to which an apportionment or apportionments has been made under this chapter shall repay a portion or all of the principal amount of such apportionment or apportionments and the accrued interest thereon in 30 equal annual payments, as shall be determined by the Controller pursuant to this section. If more than one apportionment is made the annual amount payable shall be the sum of the amounts which would be payable on each apportionment if computed separately. The Controller shall determine the portion of the principal amount of the apportionment or apportionments made to each district to be repaid by the district by diminishing the principal amount by the product of the ratio which the assessed valuation of the district per unit of average daily attendance of pupils in the grades maintained by the district during the preceding fiscal year bears to the assessed valuation per unit of average daily attendance in the same type of districts in the state and one-half of the principal amount of the apportionment or apportionments, except that the amount to be repaid shall not exceed the amount of the principal apportionment or apportionments. The Controller shall make the computation to determine the annual repayment due in the next fiscal year following the fiscal year in which the apportionment is made. In any year prior to the 1980–81 fiscal year in which the annual repayment exceeds the amount which may be raised by a three-cent ($0.03) tax rate per one hundred dollars ($100) of assessed valuation in the district, the governing board of the school district shall so certify to the Controller whereupon the Controller shall grant a deferment of the annual repayment which is in excess of the amount that would be produced by a tax rate of three cents ($0.03) per one hundred dollars ($100) of assessed valuation of the district. In any year, beginning with the 1981–82 fiscal year, in which the annual repayment exceeds the amount which may be raised by a levy of 0.0075 percent of the full value in the district, the governing board of the school district shall so certify to the Controller whereupon the Controller shall grant a deferment of the annual repayment which is in excess of the amount that would be produced by a tax of 0.0075 percent of the full value of the district. The amount deferred shall be added to the annual repayment for the next succeeding fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16721. Source version: id_ce7fccea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The Controller shall, during the next fiscal year following that in which he determines the annual repayment as herein provided, deduct the total amount of the annual repayment of each district in equal amounts from each of the February, March, April, and May installments of the apportionments made to the district from the State School Fund and, on order of the State Controller, the amount so deducted shall be transferred to the Urban School Construction Aid Fund. All money transferred to the Urban School Construction Aid Fund under this section shall be available only for transfer to the General Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16722. Source version: id_ce7fccec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The Controller shall determine and maintain a record of the amount due the state in connection with each apportionment made to a district under this chapter. He or she shall compute interest, at the rate fixed by the board, on each amount disbursed by the state pursuant to the apportionment, from the date of issuance of the Controller’s warrant covering the payment to the county treasurer of the amount until the first day of July of the fiscal year next succeeding that in which the warrant was issued. Thereafter, interest shall accrue to and be compounded as a part of the principal amount due the state pursuant to the apportionment, through the 30th day of the following June of each year, until the principal and interest have been paid. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16723. Source version: id_ce7fccee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Upon computing in any fiscal year the amount to be deducted from the apportionments to the district from the State School Fund during the succeeding fiscal year, the Controller shall notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of the amount to be deducted. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16724. Source version: id_ce7fccf0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The board of supervisors of the county, the county superintendent of which has jurisdiction over any district which under this chapter will have moneys withheld by the Controller from the apportionments to be made to it from the State School Fund during any fiscal year, shall annually at the time the board of supervisors makes the levy of taxes for county purposes, levy a tax upon the property in the district sufficient to raise for the district the amount of money to be withheld by the Controller during the fiscal year in which the tax is levied. The tax, when collected, shall be paid into the county treasury of the county, the county superintendent of schools of which has jurisdiction over the district for which the tax was levied, to the credit of the general fund of the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16725. Source version: id_ce815392-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The board shall prescribe in the detail that it deems necessary, the purposes for which moneys apportioned by it or which it requires the district to contribute toward, or in reduction of the cost of a project, may be expended, and the prescription shall be binding upon the governing board of the district, except that it may be changed or modified by the board for any cause that it sees fit. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16726. Source version: id_ce815394-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. An urban school construction fund is hereby created in the county treasury in each county for each school district in the county. The county treasurer of each county shall pay into the urban school construction fund of each school district, exactly as apportioned by the board, all moneys received by him or her under this chapter with respect to each school district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16727. Source version: id_ce815396-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Interest earned on those portions of deposits in an urban school construction fund representing allocations from the proceeds of state school reconstruction and replacement bonds received by the county treasurer for the benefit of a school district under this chapter shall be paid into the Urban School Construction Fund created by Section 16728. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16728. Source version: id_ce815398-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. A fund in the State Treasury is hereby created, to be known as the Urban School Construction Aid Fund. All money in the Urban School Construction Aid Fund, including any money deposited the fund from any source whatsoever is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to apportionments made under the provisions of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16729. Source version: id_ce81539a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. The governing board of each school district to which an apportionment has been made under this chapter shall expend the moneys in the urban school construction fund of the school district exactly as apportioned by the board and only for the purposes for which the moneys were apportioned to the district, and for no other purpose, and shall make the reports relating to the expenditure of the moneys that the board and the Controller shall require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16731. Source version: id_ce81539c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. It shall be the duty of the Controller to make any audit or audits of the books and records of counties and school districts receiving apportionments under this chapter, that he or she may deem necessary from time to time, for the purpose of determining that the money received by school districts as apportionments hereunder has been expended for the purposes and under the conditions authorized by this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16732. Source version: id_ce82da3e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Whenever the Controller determines that any money apportioned to a school district has been expended by the school district for purposes not authorized by this chapter, or exceeds the final cost of the project which is authorized by this chapter to be paid therefrom, the Controller shall furnish written notice to the board, the governing board of the school district, the county superintendent of schools, the county auditor, and the county treasurer of the county whose county superintendent of schools has jurisdiction over the school district, directing the school district and the county treasurer to pay into the State Treasury the amount of the unauthorized expenditures, or the amount of the excess apportionment, as the case may be. Upon receipt of the notice, the governing board shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the Urban School Construction Aid Fund, to be reapportioned by the board. It shall be the duty of the governing body and the county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. If the district fails to make the payment specified within one year after written notice of the amount due, the Controller shall deduct the amount thereof with interest from date of the notice from the February payment made to the district under Section 14041 in the next succeeding fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16733. Source version: id_ce82da40-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. (a) As used in this chapter: (1) “State-aided district” means a district to which an apportionment has been made under this chapter. (2) “Acquiring district” means a district in which all or a part of, a state-aided district or an applicant district has been included. (3) “Original district” means a state-aided or applicant district included in whole or in part in an acquiring district. (b) For the purposes of this article as it applies to an original district or to an acquiring district, the effective date of any change of boundaries, annexation, formation of a new district, or other reorganization shall be the date the action became effective for the purposes of Section 4060. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10. SCHOOL BONDS [15100 - 17204] CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ARTICLE 1. General Provisions [16700 - 16734] SECTION 16734. Source version: id_ce82da42-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.&chapter=8.&article=1. Whenever, subsequent to the date of an apportionment to a district, the state-aided district is included in whole or in part in another district, the acquiring district in which a state-aid project is located shall, on the effective date of the inclusion, succeed to and be vested with all of the duties, powers, purposes, jurisdiction, and responsibilities of the state-aided district with respect to any apportionment or apportionments for such project and the property acquired or to be acquired from funds provided thereby, and all funds in the urban school construction fund of the state-aided district shall be transferred to the urban school construction fund of the acquiring district. All amounts which would, after the effective date of the inclusion, have been otherwise paid to the state-aided district under the terms of or pursuant to the apportionment, shall be paid to the acquiring district. In addition, the acquiring district shall, on the effective date of the inclusion of the state-aided district in the acquiring district become liable for the annual repayments and other payments due the state under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17210. Source version: id_4c3a91de-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. As used in this article, the following terms have the following meanings: (a) “Administering agency” means any agency designated pursuant to Section 25502 of the Health and Safety Code. (b) “Environmental assessor” means an environmental professional as defined in Section 312.10 of Title 40 of the Code of Federal Regulations. (c) “Handle” has the meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code. (d) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substance identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code. (e) “Hazardous material” has the meaning the term is given in subdivision (d) of Section 25260 of the Health and Safety Code. (f) “Operation and maintenance,” “removal action work plan,” “respond,” “response,” “response action,” and “site” have the meanings those terms are given in Article 3 (commencing with Section 78035) of Chapter 1 of the state act. (g) “Phase I environmental assessment” means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. A phase I environmental assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or meet the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations. That ASTM Standard Practice for Environmental Site Assessments or the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations shall satisfy the requirements of this article for conducting a phase I environmental assessment unless and until the Department of Toxic Substances Control adopts final regulations that establish guidelines for a phase I environmental assessment for purposes of schoolsites that impose different requirements. (h) “Preliminary endangerment assessment” means an activity that is performed to determine whether current or past hazardous material management practices or waste management practices have resulted in a release or threatened release of hazardous materials, or whether naturally occurring hazardous materials are present, which pose a threat to children’s health, children’s learning abilities, public health, or the environment. A preliminary endangerment assessment requires sampling and analysis of a site, a preliminary determination of the type and extent of hazardous material contamination of the site, and a preliminary evaluation of the risks that the hazardous material contamination of a site may pose to children’s health, public health, or the environment, and shall be conducted in a manner that complies with the guidelines published by the Department of Toxic Substances Control entitled “Preliminary Endangerment Assessment: Guidance Manual,” including any amendments that are determined by the Department of Toxic Substances Control to be appropriate to address issues that are unique to schoolsites. (i) “Proposed schoolsite” means real property acquired or to be acquired or proposed for use as a schoolsite, prior to its occupancy as a school. (j) “Regulated substance” means any material defined in subdivision (i) of Section 25532 of the Health and Safety Code. (k) “Release” has the same meaning the term is given in Article 3 (commencing with Section 78035) of Chapter 1 of the state act, and includes a release described in paragraph (5) of subdivision (b) of Section 78105 of the Health and Safety Code. (l) “Remedial action plan” means a plan approved by the Department of Toxic Substances Control pursuant to Article 12 (commencing with Section 79195) of Chapter 5 of Part 2 of Division 45 of the Health and Safety Code. (m) “State act” means the Carpenter-Presley-Tanner Hazardous Substance Account Act (Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code). (Amended by Stats. 2022, Ch. 258, Sec. 11. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17210.1. Source version: id_cf07c231-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. (a) Notwithstanding any other provision of law: (1) For sites addressed by this article for which school districts elect to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, the state act applies to schoolsites where naturally occurring hazardous materials are present, regardless of whether there has been a release or there is a threatened release of a hazardous material. (2) For sites addressed by this article for which school districts elect to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, all references in the state act to hazardous substances shall be deemed to include hazardous materials and all references in the state act to public health shall be deemed to include children’s health. (3) All risk assessments conducted by school districts that elect to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 at sites addressed by this article shall include a focus on the risks to children’s health posed by a hazardous materials release or threatened release, or the presence of naturally occurring hazardous materials, on the schoolsite. (4) The response actions selected under this article shall, at a minimum, be protective of children’s health, with an ample margin of safety. (b) In implementing this article, a school district shall provide a notice to residents in the immediate area prior to the commencement of work on a preliminary endangerment assessment utilizing a format developed by the Department of Toxic Substances Control. (c) Nothing in this article shall be construed to limit the authority of the Department of Toxic Substances Control or the State Department of Education to take any action otherwise authorized under any other provision of law. (d) Unless the Legislature otherwise funds its costs for overseeing actions taken pursuant to this article, the Department of Toxic Substances Control shall comply with Chapter 6.66 (commencing with Section 25269) of Division 20 of the Health and Safety Code when recovering its costs incurred in carrying out its duties pursuant to this article. (e) Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code does not apply to schoolsites at which all necessary response actions have been completed. (Amended by Stats. 2001, Ch. 865, Sec. 1. Effective October 14, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17211. Source version: id_cf07c233-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. Prior to commencing the acquisition of real property for a new schoolsite or an addition to an existing schoolsite, the governing board of a school district shall evaluate the property at a public hearing using the site selection standards established by the State Department of Education pursuant to subdivision (b) of Section 17251. The governing board may direct the district’s advisory committee established pursuant to Section 17388 to evaluate the property pursuant to those site selection standards and to report its findings to the governing board at the public hearing. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17212. Source version: id_cf07c235-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. The governing board of a school district, prior to acquiring any site on which it proposes to construct any school building as defined in Section 17283 shall have the site, or sites, under consideration investigated by competent personnel to ensure that the final site selection is determined by an evaluation of all factors affecting the public interest and is not limited to selection on the basis of raw land cost only. If the prospective schoolsite is located within the boundaries of any special studies zone or within an area designated as geologically hazardous in the safety element of the local general plan as provided in subdivision (g) of Section 65302 of the Government Code, the investigation shall include any geological and soil engineering studies by competent personnel needed to provide an assessment of the nature of the site and potential for earthquake or other geologic hazard damage. The geological and soil engineering studies of the site shall be of such a nature as will preclude siting of a school in any location where the geological and site characteristics are such that the construction effort required to make the school building safe for occupancy is economically unfeasible. No studies are required to be made if the site or sites under consideration have been the subject of adequate prior studies. The evaluation shall also include location of the site with respect to population, transportation, water supply, waste disposal facilities, utilities, traffic hazards, surface drainage conditions, and other factors affecting the operating costs, as well as the initial costs, of the total project. For the purposes of this article, a special studies zone is an area which is identified as a special studies zone on any map, or maps, compiled by the State Geologist pursuant to Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17212.1. Source version: id_d6ac7955-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. It is the intent of the Legislature that corporations, public utilities, local publicly owned utilities, governmental agencies, and school districts work collaboratively in assessing the safety of a proposed schoolsite or addition to an existing schoolsite. (Added by Stats. 2004, Ch. 578, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17212.2. Source version: id_043c1425-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. (a) The governing board of a school district may make a written request upon a person, corporation, public utility, local publicly owned utility, or governmental agency for information necessary or useful to assess and determine the safety of a proposed schoolsite or an addition to an existing schoolsite, pursuant to Section 17251 and this chapter, including pipelines, electric transmission and distribution lines, railroads, and storage tanks. The written request shall identify the physical location of the schoolsite for which information is sought, describe the information sought, and contain a statement as to why the information is needed or useful. Information requested may include all of the following: (1) Railroad operations involving hazardous or toxic materials, as reported to a governmental agency; frequency, speed, and schedule of railroad traffic; grade, curves, and condition of railroad tracks; and railroad accident occurrence. (2) Whether there are existing pipelines, planned pipelines, or easements for pipelines on, or in proximity to, as specified pursuant to regulations adopted pursuant to Section 17251, the schoolsite, including the location of the pipeline, the age of the pipeline, the pipeline material, the class of pipeline, the diameter of the pipeline, the depth at which the pipeline is buried, the wall thickness of the pipeline, the product or products transported by the pipeline, the operating pressure of the pipeline, the history of spills or leaks of material being transported by the pipeline, as reported to a governmental agency, and the location of the shutoff valves for the pipeline that are capable of preventing or halting the transport of product or products to the schoolsite. (3) Whether there are easements for planned or existing lines for the transmission or distribution of electricity, electrical transformers, or electrical substations on or in proximity to, as specified pursuant to regulations adopted pursuant to Section 17251, the schoolsite, the location of easements for, planned, or existing lines, transformers, or substations, the voltages currently handled or planned to be handled by the line, transformer, or substation, the ground clearance, if applicable, of a line, transformer, or substation, and the depth of burial, if applicable, of the line, transformer, or substation as specified by the Public Utilities Commission. (4) The location, age, construction type, safety record, and product stored in a storage tank. (b) A person, corporation, public utility, local publicly owned utility, or governmental agency receiving a written request for information pursuant to this section shall provide a written response within 30 calendar days of receipt of the request, that provides the requested information, identifies available public information or an available report to a governmental agency, or provides written justification why the requested information is not being provided. A claim that the requested information is proprietary or confidential is a legitimate justification for the requested information to not be provided. The governing board of a school district may grant additional time to respond to a request for information pursuant to this section. (c) A school district may file a complaint with the appropriate regulatory agency or legislative body for a violation of the requirements of this section. The regulatory agency or legislative body may appoint a representative to work toward informally resolving the complaint. (Amended by Stats. 2005, Ch. 22, Sec. 27. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17212.5. Source version: id_cf0948d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. Geological and soil engineering studies as described in Section 17212 shall be made, within the boundaries of any special studies zone, for the construction of any school building as defined in Section 17283, or if the estimated cost exceeds twenty-five thousand dollars ($25,000), for the reconstruction or alteration of or addition to any school building for work which alters structural elements. The Department of General Services may require similar geological and soil engineering studies for the construction or alteration of any school building on a site located outside of the boundaries of any special studies zone. No studies need be made if the site under consideration has been the subject of adequate prior studies. No school building shall be constructed, reconstructed, or relocated on the trace of a geological fault along which surface rupture can reasonably be expected to occur within the life of the school building. A copy of the report of each investigation conducted pursuant to this section shall be submitted to the Department of General Services pursuant to Article 3 (commencing with Section 17280) of this chapter and to the State Department of Education. The cost of geological and soil engineering studies and investigations conducted pursuant to this section may be treated as a capital expenditure. The dollar amount set forth in this section shall be increased on an annual basis, according to a construction costs inflation index recognized and selected by the department. (Amended by Stats. 2001, Ch. 422, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17213. Source version: id_522acd90-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. The governing board of a school district shall not approve a project involving the acquisition of a schoolsite by a school district, unless all of the following occur: (a) The school district, as the lead agency, as defined in Section 21067 of the Public Resources Code, determines that the property purchased or to be built upon is not any of the following: (1) The site of a current or former hazardous waste disposal site or solid waste disposal site, unless if the site was a former solid waste disposal site, the governing board of the school district concludes that the wastes have been removed. (2) A hazardous substance release site identified by the Department of Toxic Substances Control in a current list adopted pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code for removal or remedial action pursuant to Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code. (3) A site that contains one or more pipelines, situated underground or aboveground, that carries hazardous substances, extremely hazardous substances, or hazardous wastes, unless the pipeline is a natural gas line that is used only to supply natural gas to that school or neighborhood. (b) The school district, as the lead agency, as defined in Section 21067 of the Public Resources Code, in preparing the environmental impact report or negative declaration has consulted with the administering agency in which the proposed schoolsite is located, pursuant to Section 2735.3 of Title 19 of the California Code of Regulations, and with any air pollution control district or air quality management district having jurisdiction in the area, to identify both permitted and nonpermitted facilities within that district’s authority, including, but not limited to, freeways and other busy traffic corridors, large agricultural operations, and railyards, within one-fourth of a mile of the proposed schoolsite, that might reasonably be anticipated to emit hazardous air emissions, or to handle hazardous or extremely hazardous materials, substances, or waste. The school district, as the lead agency, shall include a list of the locations for which information is sought. (c) The governing board of the school district makes one of the following written findings: (1) Consultation identified none of the facilities or significant pollution sources specified in subdivision (b). (2) The facilities or other pollution sources specified in subdivision (b) exist, but one of the following conditions applies: (A) The health risks from the facilities or other pollution sources do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the school. (B) The governing board finds that corrective measures required under an existing order by another governmental entity that has jurisdiction over the facilities or other pollution sources will, before the school is occupied, result in the mitigation of all chronic or accidental hazardous air emissions to levels that do not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school. If the governing board makes this finding, the governing board shall also make a subsequent finding, prior to the occupancy of the school, that the emissions have been mitigated to these levels. (C) For a schoolsite with a boundary that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor, the governing board of the school district determines, through analysis pursuant to paragraph (2) of subdivision (b) of Section 44360 of the Health and Safety Code, based on appropriate air dispersion modeling, and after considering any potential mitigation measures, that the air quality at the proposed site is such that neither short-term nor long-term exposure poses significant health risks to pupils. (D) The governing board finds that neither of the conditions set forth in subparagraph (B) or (C) can be met, and the school district is unable to locate an alternative site that is suitable due to a severe shortage of sites that meet the requirements in subdivision (a). If the governing board makes this finding, the governing board shall adopt a statement of overriding considerations pursuant to Section 15093 of Title 14 of the California Code of Regulations. (d) As used in this section: (1) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substance identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code. (2) “Hazardous substance” means any substance defined in subdivision (a) of Section 78075 of the Health and Safety Code. (3) “Extremely hazardous substances” means any material defined pursuant to paragraph (2) of subdivision (i) of Section 25532 of the Health and Safety Code. (4) “Hazardous waste” means any waste defined in Section 25117 of the Health and Safety Code. (5) “Hazardous waste disposal site” means any site defined in Section 25114 of the Health and Safety Code. (6) “Administering agency” means any agency designated pursuant to Section 25502 of the Health and Safety Code. (7) “Handle” means handle as defined in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code. (8) “Facilities” means any source with a potential to use, generate, emit, or discharge hazardous air pollutants, including, but not limited to, pollutants that meet the definition of a hazardous substance, and whose process or operation is identified as an emission source pursuant to the most recent list of source categories published by the State Air Resources Board. (9) “Freeway or other busy traffic corridors” means those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area, as defined in Section 50101 of the Health and Safety Code, and 100,000 vehicles in an urban area, as defined in Section 50104.7 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 258, Sec. 12. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17213.1. Source version: id_5803d7c2-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. As a condition of receiving state funding pursuant to Chapter 12.5 (commencing with Section 17070.10), the governing board of a school district shall comply with subdivision (a), and is not required to comply with subdivision (a) of Section 17213, prior to the acquisition of a schoolsite, or if the school district owns or leases a schoolsite, prior to the construction of a project. (a) Prior to acquiring a schoolsite, the governing board shall contract with an environmental assessor to supervise the preparation of, and sign, a Phase I environmental assessment of the proposed schoolsite unless the governing board decides to proceed directly to a preliminary endangerment assessment, in which case it shall comply with paragraph (4). (1) The Phase I environmental assessment shall contain one of the following recommendations: (A) A further investigation of the site is not required. (B) A preliminary endangerment assessment is needed, including sampling or testing, to determine the following: (i) If a release of hazardous material has occurred and, if so, the extent of the release. (ii) If there is the threat of a release of hazardous materials. (iii) If a naturally occurring hazardous material is present. (2) If the Phase I environmental assessment concludes that further investigation of the site is not required, the signed assessment, proof that the environmental assessor meets the qualifications specified in subdivision (b) of Section 17210, and the renewal fee shall be submitted to the Department of Toxic Substances Control. The Department of Toxic Substances Control shall conduct its review and approval, within 30 calendar days of its receipt of that assessment, proof of qualifications, and the renewal fee. In those instances in which the Department of Toxic Substances Control requests additional information after receipt of the Phase I environmental assessment pursuant to paragraph (3), the Department of Toxic Substances Control shall conduct its review and approval within 30 calendar days of its receipt of the requested additional information. If the Department of Toxic Substances Control concurs with the conclusion of the Phase I environmental assessment that a further investigation of the site is not required, the Department of Toxic Substances Control shall approve the Phase I environmental assessment and shall notify, in writing, the State Department of Education and the governing board of the school district of the approval. (3) If the Department of Toxic Substances Control determines that the Phase I environmental assessment is not complete or disapproves the Phase I environmental assessment, the department shall inform the school district of the decision, the basis for the decision, and actions necessary to secure department approval of the Phase I environmental assessment. The school district shall take actions necessary to secure the approval of the Phase I environmental assessment, elect to conduct a preliminary endangerment assessment, or elect not to pursue the acquisition or the construction project. To facilitate completion of the Phase I environmental assessment, the information required by this paragraph may be provided by telephonic or electronic means. (4) (A) If the Department of Toxic Substances Control concludes after its review of a Phase I environmental assessment pursuant to this section that a preliminary endangerment assessment is needed, the Department of Toxic Substances Control shall notify, in writing, the State Department of Education and the governing board of the school district of that decision and the basis for that decision. The school district shall submit to the State Department of Education the Phase I environmental assessment and requested additional information, if any, that was reviewed by the Department of Toxic Substances Control pursuant to that subparagraph. Submittal of the Phase I assessment and additional information, if any, to the State Department of Education shall be prior to the State Department of Education issuance of final site or plan approvals affected by that Phase I assessment. (B) If the Phase I environmental assessment concludes that a preliminary endangerment assessment is needed, or if the Department of Toxic Substances Control concludes after it reviews a Phase I environmental assessment pursuant to this section that a preliminary endangerment assessment is needed, the school district shall either contract with an environmental assessor to supervise the preparation of, and sign, a preliminary endangerment assessment of the proposed schoolsite and enter into an agreement with the Department of Toxic Substances Control to oversee the preparation of the preliminary endangerment assessment or elect not to pursue the acquisition or construction project. The agreement entered into with the Department of Toxic Substances Control may be entitled an “Environmental Oversight Agreement” and shall reference this paragraph. A school district may, with the concurrence of the Department of Toxic Substances Control, enter into an agreement with the Department of Toxic Substances Control to oversee the preparation of a preliminary endangerment assessment without first having prepared a Phase I environmental assessment. Upon request from the school district, the Director of Toxic Substances Control shall exercise its authority to designate a person to enter the site and inspect and obtain samples pursuant to Article 4 (commencing with Section 78435) of Chapter 3 of Part 2 of Division 45 of the Health and Safety Code, if the director determines that the exercise of that authority will assist in expeditiously completing the preliminary endangerment assessment. The preliminary endangerment assessment shall contain one of the following conclusions: (i) A further investigation of the site is not required. (ii) A release of hazardous materials has occurred, and if so, the extent of the release, that there is the threat of a release of hazardous materials, or that a naturally occurring hazardous material is present, or any combination thereof. (5) The school district shall submit the preliminary endangerment assessment to the Department of Toxic Substances Control for its review and approval and to the State Department of Education for its files. The school district may entitle a document that is meant to fulfill the requirements of a preliminary endangerment assessment a “preliminary environmental assessment” and that document shall be deemed to be a preliminary endangerment assessment if it specifically refers to the statutory provisions whose requirements it intends to meet and the document meets the requirements of a preliminary endangerment assessment. (6) At the same time a school district submits a preliminary endangerment assessment to the Department of Toxic Substances Control pursuant to paragraph (5), the school district shall publish a notice that the assessment has been submitted to the department in a local newspaper of general circulation, and shall post the notice in a prominent manner at the proposed schoolsite that is the subject of that notice. The notice shall state the school district’s determination to make the preliminary endangerment assessment available for public review and comment pursuant to subparagraph (A) or (C): (A) If the school district chooses to make the assessment available for public review and comment pursuant to this subparagraph, it shall offer to receive written comments for a period of at least 30 calendar days after the assessment is submitted to the Department of Toxic Substances Control, commencing on the date the notice is originally published, and shall hold a public hearing to receive further comments. The school district shall make all of the following documents available to the public upon request through the time of the public hearing: (i) The preliminary endangerment assessment. (ii) The changes requested by the Department of Toxic Substances Control for the preliminary endangerment assessment, if any. (iii) Any correspondence between the school district and the Department of Toxic Substances Control that relates to the preliminary endangerment assessment. (B) For purposes of subparagraph (A), the notice of the public hearing shall include the date and location of the public hearing, and the location where the public may review the documents described in clauses (i) to (iii), inclusive, of subparagraph (A). If the preliminary endangerment assessment is revised or altered following the public hearing, the school district shall make those revisions or alterations available to the public. The school district shall transmit a copy of all public comments received by the school district on the preliminary endangerment assessment to the Department of Toxic Substances Control. The Department of Toxic Substances Control shall complete its review of the preliminary endangerment assessment and public comments received thereon and shall either approve or disapprove the assessment within 30 calendar days of the close of the public review period. If the Department of Toxic Substances Control determines that it is likely to disapprove the assessment prior to its receipt of the public comments, it shall inform the school district of that determination and of any action that the school district is required to take for the Department of Toxic Substances Control to approve the assessment. (C) If the school district chooses to make the preliminary endangerment assessment available for public review and comment pursuant to this subparagraph, the Department of Toxic Substances Control shall complete its review of the assessment within 60 calendar days of receipt of the assessment and shall either return the assessment to the school district with comments and requested modifications or requested further assessment or concur with the adequacy of the assessment pending review of public comment. If the Department of Toxic Substances Control concurs with the adequacy of the assessment, and the school district proposes to proceed with site acquisition or a construction project, the school district shall make the assessment available to the public on the same basis and at the same time it makes available the draft environmental impact report or negative declaration pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the site, unless the document developed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) will not be made available until more than 90 days after the assessment is approved, in which case the school district shall, within 60 days of the approval of the assessment, separately publish a notice of the availability of the assessment for public review in a local newspaper of general circulation. The school district shall hold a public hearing on the preliminary endangerment assessment and the draft environmental impact report or negative declaration at the same time, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). All public comments pertaining to the preliminary endangerment assessment shall be forwarded to the Department of Toxic Substances Control immediately. The Department of Toxic Substances Control shall review the public comments forwarded by the school district and shall approve or disapprove the preliminary endangerment assessment within 30 days of the district’s approval action of the environmental impact report or the negative declaration. (7) The school district shall comply with the public participation requirements of Sections 78930, 78935, and 78950 to 78970, inclusive, of the Health and Safety Code and other applicable provisions of the state act with respect to those response actions only if further response actions beyond a preliminary endangerment assessment are required and the district determines that it will proceed with the acquisition or construction project. (8) If the Department of Toxic Substances Control disapproves the preliminary endangerment assessment, it shall inform the district of the decision, the basis for the decision, and actions necessary to secure the Department of Toxic Substances Control approval of the assessment. The school district shall take actions necessary to secure the approval of the Department of Toxic Substances Control of the preliminary endangerment assessment or elect not to pursue the acquisition or construction project. (9) If the preliminary endangerment assessment determines that a further investigation of the site is not required and the Department of Toxic Substances Control approves this determination, it shall notify the State Department of Education and the school district of its approval. The school district may then proceed with the acquisition or construction project. (10) If the preliminary endangerment assessment determines that a release of hazardous material has occurred, that there is the threat of a release of hazardous materials, that a naturally occurring hazardous material is present, or any combination thereof, that requires further investigation, and the Department of Toxic Substances Control approves this determination, the school district may elect not to pursue the acquisition or construction project. If the school district elects to pursue the acquisition or construction project, it shall do all of the following: (A) Prepare a financial analysis that estimates the cost of response action that will be required at the proposed schoolsite. (B) Assess the benefits that accrue from using the proposed schoolsite when compared to the use of alternative schoolsites, if any. (C) Obtain the approval of the State Department of Education that the proposed schoolsite meets the schoolsite selection standards adopted by the State Department of Education pursuant to subdivision (b) of Section 17251. (D) Evaluate the suitability of the proposed schoolsite in light of the recommended alternative schoolsite locations in order of merit if the school district has requested the assistance of the State Department of Education, based upon the standards of the State Department of Education, pursuant to subdivision (a) of Section 17251. (11) The school district shall reimburse the Department of Toxic Substances Control for all of the department’s response costs. (b) The costs incurred by the school districts when complying with this section are allowable costs for purposes of an applicant under Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be reimbursed in accordance with Section 17072.13. (c) A school district that releases a Phase I environmental assessment, a preliminary endangerment assessment, or information concerning either of these assessments, any of which is required by this section, may not be held liable in any action filed against the school district for making either of these assessments available for public review. (d) The changes made to this section by the act amending this section during the 2001 portion of the 2001–02 Regular Session do not apply to a schoolsite acquisition project or a school construction project, if either of the following occurred on or before the effective date of the act amending this section during the 2001 portion of the 2001–02 Regular Session: (1) The final preliminary endangerment assessment for the project was approved by the Department of Toxic Substances Control pursuant to this section as this section read on the date of the approval. (2) The school district seeking state funding for the project completed a public hearing for the project pursuant to this section, as this section read on the date of the hearing. (Amended by Stats. 2022, Ch. 258, Sec. 13. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17213.2. Source version: id_cf0acf7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. As a condition of receiving state funds pursuant to Chapter 12.5 (commencing with Section 17070.10), all of the following apply: (a) If a preliminary endangerment assessment prepared pursuant to Section 17213.1 discloses the presence of a hazardous materials release, or threatened release, or the presence of naturally occurring hazardous materials, at a proposed schoolsite at concentrations that could pose a significant risk to children or adults, and the school district owns the proposed schoolsite, the school district shall enter into an agreement with the Department of Toxic Substances Control to oversee response action at the site and shall take response action pursuant to the requirements of the state act as may be required by the Department of Toxic Substances Control. (b) Notwithstanding subdivision (a), a school district need not take action in response to a release of hazardous material to groundwater underlying the schoolsite if the release occurred at a site other than the schoolsite and if the following conditions apply: (1) The school district did not cause or contribute to the release of a hazardous material to the groundwater. (2) Upon the request of the Department of Toxic Substances Control or its authorized representative the school district provides the Department of Toxic Substances Control or its authorized representative with access to the schoolsite. (3) The school district does not interfere with the response action activities. (c) If at anytime during the response action the school district determines that there has been a significant increase in the estimated cost of the response action, the school district shall notify the State Department of Education. (d) A school district that is required by the Department of Toxic Substances Control to take response action at a proposed schoolsite is subject to both of the following prohibitions: (1) The school district may not begin construction of a school building until the Department of Toxic Substances Control determines all of the following: (A) That the construction will not interfere with the response action. (B) That site conditions will not pose a significant threat to the health and safety of workers involved in the construction of the school building. (C) That the nature and extent of any release or threatened release of hazardous materials or the presence of any naturally occurring hazardous materials have been fully characterized. (2) The school district may not occupy a school building following construction until it obtains from the Department of Toxic Substances Control a certification that all response actions, except for operation and maintenance activities, necessary to ensure that hazardous materials at the schoolsite no longer pose a significant risk to children and adults at the schoolsite have been completed and that the response action standards and objectives established in the final removal action work plan or remedial action plan have been met and are being maintained. After a school building is constructed and occupied, a school district may continue with ongoing operation and maintenance activities if the Department of Toxic Substances Control certifies before occupancy that neither site conditions nor the ongoing operation and maintenance activities pose a significant risk to children or adults at the schoolsite. (e) If, at anytime during construction at a schoolsite, a previously unidentified release or threatened release of a hazardous material or the presence of a naturally occurring hazardous material is discovered, the school district shall cease all construction activities at the sites notify the Department of Toxic Substances Control, and take actions required by subdivision (a) that are necessary to address the release or threatened release or the presence of any naturally occurring hazardous materials. Construction may be resumed if the Department of Toxic Substances Control determines that the construction will not interfere with any response action necessary to address the hazardous material release or threatened release or the presence of a naturally occurring hazardous material, determines that the site conditions will not pose a significant threat to the health and safety of workers involved in the construction of the schoolsite, and certifies that the nature and extent of the release, threatened release, or presence of a naturally occurring hazardous material have been fully characterized. (f) Construction may proceed at any portions of the site that the Department of Toxic Substances Control determines are not affected by the release or threatened release of hazardous materials, or presence of any naturally occurring hazardous materials, provided that all of the following apply: (1) Those portions of the site have been fully characterized. (2) The Department of Toxic Substances Control determines that the construction will not interfere with any response action necessary to address the release or threatened release of hazardous materials, or presence of any naturally occurring hazardous materials. (3) The site conditions will not pose a significant threat to the health and safety of workers involved with construction. (g) The Department of Toxic Substances Control shall notify the State Department of Education, the Division of the State Architect, and the Office of Public School Construction when the Department of Toxic Substances Control certifies that all necessary response actions have been completed at a schoolsite. The Department of Toxic Substances Control shall also notify the Division of the State Architect whenever a response action has an impact on the design of a school facility and shall specify the conditions that must be met in the design of the school facility in order to protect the integrity of the response action. (h) The school district shall reimburse the Department of Toxic Substances Control for all response costs incurred by the department. (i) The costs incurred by the school districts when complying with this section are allowable costs for purposes of an applicant under Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be reimbursed in accordance with Section 17072.13. (Amended by Stats. 2000, Ch. 443, Sec. 5. Effective September 14, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17215. Source version: id_048c2ff7-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. (a) In order to promote the safety of pupils, comprehensive community planning, and greater educational usefulness of schoolsites, before acquiring title to or leasing property for a new schoolsite, the governing board of each school district, including any district governed by a city board of education, or a charter school, shall give the State Department of Education written notice of the proposed acquisition or lease and shall submit any information required by the State Department of Education if the site is within two miles, measured by air line, of that point on an airport runway or a potential runway included in an airport master plan that is nearest to the site. (b) Upon receipt of the notice required pursuant to subdivision (a), the State Department of Education shall notify the Department of Transportation in writing of the proposed acquisition or lease. If the Department of Transportation is no longer in operation, the State Department of Education shall, in lieu of notifying the Department of Transportation, notify the United States Department of Transportation or any other appropriate agency, in writing, of the proposed acquisition or lease for the purpose of obtaining from the department or other agency any information or assistance that it may desire to give. (c) The Department of Transportation shall investigate the site and, within 30 working days after receipt of the notice, shall submit to the State Department of Education a written report of its findings including recommendations concerning acquisition or lease of the site. As part of the investigation, the Department of Transportation shall give notice thereof to the owner and operator of the airport who shall be granted the opportunity to comment upon the site. The Department of Transportation shall adopt regulations setting forth the criteria by which a site will be evaluated pursuant to this section. (d) The State Department of Education shall, within 10 days of receiving the Department of Transportation’s report, forward the report to the governing board of the school district or charter school. The governing board or charter school may not acquire title to or lease the property until the report of the Department of Transportation has been received. If the report does not favor the acquisition or lease of the property for a schoolsite or an addition to a present schoolsite, the governing board or charter school may not acquire title to or lease the property. If the report does favor the acquisition or lease of the property for a schoolsite or an addition to a present schoolsite, the governing board or charter school shall hold a public hearing on the matter prior to acquiring or leasing the site. (e) If the Department of Transportation’s recommendation does not favor acquisition or lease of the proposed site, state funds or local funds may not be apportioned or expended for the acquisition or lease of that site, construction of any school building on that site, or for the expansion of any existing site to include that site. (f) This section does not apply to sites acquired prior to January 1, 1966, nor to any additions or extensions to those sites. (Amended by Stats. 2005, Ch. 229, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17215.5. Source version: id_cf0c5621-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. (a) Prior to commencing the acquisition of real property for a new schoolsite in an area designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, the governing board of a school district shall make all of the following findings: (1) The school district has notified and consulted with the city, county, or city and county within which the prospective schoolsite is to be located. (2) The final site selection has been evaluated by the governing board of the school district based on all factors affecting the public interest and not limited to selection on the basis of the cost of the land. (3) The school district will attempt to minimize any public health and safety issues resulting from the neighboring agricultural uses that may affect the pupils and employees at the schoolsite. (b) Subdivision (a) shall not apply to any schoolsite approved by the State Department of Education prior to January 1, 1997. (Added by renumbering Section 39006 by Stats. 2000, Ch. 135, Sec. 39. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17216. Source version: id_cf0c5623-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. No action undertaken by the State Department of Education or by any other state agency or by any political subdivision pursuant to this chapter, or in compliance with this chapter, shall be construed to affect any rights arising under the provisions of Section 19 of Article 1 of the California Constitution. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17217. Source version: id_cf0c5625-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. (a) The governing board of a school district may acquire a site for a school building contiguous to the boundaries of the district and upon the acquisition of the site it shall become a part of the district. (b) The site may not be acquired until all of the following conditions are met: (1) A majority of the members of the governing board of the acquiring school district approves a petition requesting approval of the acquisition. (2) The petition is filed with the county superintendent of schools with jurisdiction over the acquiring school district. If the site is in a county that is not the county in which the acquiring school district is located, the petition shall be filed with each of the county superintendents of the counties concerned. Within 10 working days of the date the petition is filed, each superintendent of schools of those counties shall notify the governing board of each school district involved that the petition was filed. (3) The county committee on school district organization of the county of the acquiring school district approves the petition. If the site is in a county that is not the county in which the acquiring school district is located, each of the county committees on school district organization concerned shall approve the petition. The county committees on school district organization shall approve or disapprove a petition within 60 days from the day the governing board filed the petition with the county superintendent of schools. (c) Notwithstanding subdivision (b), if each of the county committees on school district organization does not approve the petition as required by paragraph (3) of subdivision (b), the petition may be submitted to the Superintendent of Public Instruction for approval. If the Superintendent of Public Instruction approves the petition, the governing board may acquire the site. (d) In approving the acquisition of a site pursuant to this section, the county committees on school district organization and the Superintendent of Public Instruction shall consider the extent to which the following are met: (1) The proposed site acquisition will not promote racial or ethnic discrimination or segregation. (2) The proposed site acquisition will not result in any substantial increase in costs to the state. (3) The proposed site acquisition will not significantly disrupt the educational programs in the school districts affected by the proposed site acquisition and will continue to promote sound education performance in those school districts. (4) The proposed site acquisition will not result in a significant increase in school housing costs. (5) The proposed site acquisition is not primarily designed to result in a significant increase in property values causing financial advantage to property owners because territory was transferred from one school district to an adjoining school district. (6) The proposed site acquisition will not cause a substantial negative effect on the fiscal management or fiscal status of any school district affected by the proposed site acquisition. (e) The power of eminent domain may be used for the purposes of this section. (f) A schoolsite is contiguous for the purpose of this section although separated from the boundaries of the district by a road, street, stream, or other natural or artificial barrier or right-of-way. (Amended by Stats. 2003, Ch. 798, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17218. Source version: id_cf0ddcc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. The governing board of a school district which has been included in a school district unification proposal approved by the electors of the territory involved pursuant to Chapter 2 (commencing with Section 4206) of Part 3, may, prior to the time the new unified school district becomes effective for all purposes, acquire a site for a school building at any place within the new unified school district, and upon the acquisition of the site it shall become a part of the district pending the date when the new unified school district becomes effective for all purposes. The site shall not be acquired until the county committee on school district organization of the county or of each of the counties concerned has received the proposal for acquisition of the site and reported its recommendations thereon to the governing boards of the districts concerned and to each county superintendent of schools concerned. The report of the county committee shall be made within 60 days from the time the proposal for acquisition of the site was submitted to it. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17219. Source version: id_d42924ea-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. (a) Whenever a school district acquires or has acquired a site for school purposes, as determined by the State Allocation Board, and does not use the site within (1) five years of the date of acquisition for the kindergarten, if any, and any of grades 1 to 8, inclusive, maintained by an elementary school district or a unified school district, or, (2) seven years of the date of acquisition for any of grades 7 to 12, inclusive, maintained by a high school district or a unified school district, or if a school district has a site at any grade level that has previously been used but has not been used for school purposes within the preceding five years, the school district shall be subject to nonuse payments, unless the State Allocation Board, from time to time, makes a determination that the school district will utilize the property for the purpose for which it was intended within a reasonable period of time, in a specific amount for each additional year in which the site is retained and not used by the district beyond the foregoing specified periods, except the first additional year shall be deemed to end not earlier than April 30, 1973. (b) Payment shall not be required under this section as to any site having a value of twenty thousand dollars ($20,000) or less. Commencing on January 1, 1988, and annually thereafter, the State Allocation Board shall increase this exemption figure by the amount of the current fiscal year inflation adjustment specified in Section 42238.1, if any. (c) The payments required shall be computed by the Executive Officer of the State Allocation Board and certified to the Controller, and payments shall be equal to one one-hundredth (1/100) of the original purchase price of the site modified by either a factor reflecting the change in assessed value of all lands in the state from the date of purchase of the site to the current date or any other factor that in the determination of the State Allocation Board is applicable to the site under consideration. (d) Whenever the State Allocation Board has determined that a school district in good faith has, within the preceding year, advertised the schoolsite for sale to the highest bidder pursuant to the provisions of Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 and has received no bids that in the judgment of the State Allocation Board reflect the fair market value of the property, the Executive Officer of the State Allocation Board shall not compute any nonuse payments for the site for a period of one year beyond the date of the determination. (e) Nonuse payments shall not be required for any year with respect to a schoolsite that for one-half or more of the number of days of that year has been utilized for any of the following purposes: (1) By the school district, or by any other governmental entity pursuant to agreement with the school district, for school purposes, for use as a civic center, or for community playground, playing field, or other outdoor recreational purposes. For purposes of this paragraph, “civic center” means a site used for one or more of the purposes described in Section 40041. (2) By the State Allocation Board, pursuant to agreement with the school district, for the storage of emergency portable classrooms. (3) By the school district, or by any other public or private entity pursuant to agreement with the school district, for the operation of a child care program. (f) Nonuse payments shall not be required for any year with respect to a schoolsite that was leased at least one-half of the days in that year in a manner that subjected the site to property taxes equal to the taxes that would have been paid if the site had been sold. (Amended by Stats. 2020, Ch. 370, Sec. 54. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17220. Source version: id_cf0ddccb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. If the State Allocation Board determines a school district to be exempt from the requirement to make nonuse payments for any year as to any schoolsite on any basis authorized under subdivision (e) or (f) of Section 17219, that exemption shall continue to apply to that schoolsite for each subsequent year for which the superintendent of the school district certifies to the State Allocation Board, on a timely basis, that the basis of exemption continues to exist. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17221. Source version: id_cf0ddccd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. The amount of any nonuse payments required of any school district under Section 17219 shall be reduced, without regard to fiscal year, by the amount of the proceeds, resulting from the lease of district property that is subject to that section, that are expended by the district the payment of bond debt service costs that are directly related to the actual construction of school facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17222. Source version: id_cf0f636f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. The Controller shall, during the next fiscal year following that in which the Executive Officer of the State Allocation Board certifies to him or her the amount of payment, deduct the total amount of the payment of each district in equal amounts from each of the February, March, April and May installments of the apportionments made to the district from the State School Fund under Sections 46304, 46305, and 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, whichever are in effect. However, in no event shall the deductions exceed an amount which would result in a district’s receiving, in any school year, from the State School Fund, less than one hundred twenty dollars ($120) per pupil in average daily attendance in the district during the preceding school year. On order of the Controller, the amount so deducted shall be transferred to the State School Site Utilization Fund which is hereby created. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17223. Source version: id_cf0f6371-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. (a) Whenever a school district has either begun to use an unused site or has sold that site within two years of the date the Controller, pursuant to Section 17222, has deducted a certified nonuse payment from the district’s State School Fund apportionment, the State Allocation Board shall certify that fact to the Controller. The Controller shall then cease to withhold any additional payments and shall return to the district from the State School Site Utilization Fund the payments, without interest, which had been withheld for the particular site during the prior fiscal year and the current fiscal year. (b) If the school district begins to use or has sold the site more than two years after the aforesaid date, the State Allocation Board shall so certify to the Controller and no further payments shall be withheld as specified in Section 17222. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 1. General Provisions [17210 - 17224] SECTION 17224. Source version: id_f0207243-5da3-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=1. (a) Any funds in the State School Site Utilization Fund, including interest, that are not subject to return to a school district pursuant to Section 17223 shall, upon appropriation by the Legislature, be allocated for purposes of administering the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10). (b) Any unencumbered funds in the State School Deferred Maintenance Fund after July 1, 2014, shall be transferred to the State School Site Utilization Fund. (Amended by Stats. 2017, Ch. 15, Sec. 17. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 2. Disposal of Sites [17230 - 17234] SECTION 17230. Source version: id_f9d56581-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=2. Notwithstanding the provisions of Article 4 (commencing with Section 17455) of Chapter 4 and in addition to the requirements placed upon school districts pursuant to Section 54222 of the Government Code, the governing board of a school district may sell, for less than fair market value, a schoolsite that is deemed to be surplus property of the school district and for which a charter school has not accepted an offer to purchase or lease pursuant to Section 17457.5, to a park district, city, or county in which the school district is wholly or partially situated for use or partial use as park or recreational purposes or open-space purposes if the governing board of the school district adopts a resolution specifying that it will sell or transfer the property for less than fair market value to such an entity for that purpose. The offer to sell shall be made in writing, but the terms by which the property may be sold or transferred need not be specifically provided. (Amended by Stats. 2012, Ch. 38, Sec. 37.1. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 2. Disposal of Sites [17230 - 17234] SECTION 17231. Source version: id_cf10ea19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=2. The sale or transfer may be made for cash and other valuable consideration, or for other valuable consideration, as deemed appropriate by the governing board of the school district. The sale or transfer may be made without first taking a vote of the electors of the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 2. Disposal of Sites [17230 - 17234] SECTION 17232. Source version: id_cf10ea1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=2. A school district’s offer to sell or transfer the land shall be made to all park districts, cities, and counties in which the school district is wholly or partially situated pursuant to this article and shall remain open for not less than 60 days. The sale or transfer shall be made to whichever public entity first accepts the offer, or whichever public entity can negotiate satisfactorily for the purchase or transfer of the surplus land. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 2. Disposal of Sites [17230 - 17234] SECTION 17233. Source version: id_cf10ea1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=2. Notwithstanding Article 4 (commencing with Section 17455) of Chapter 4 of this part, Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, or any other provision of law, any unimproved real property that was acquired by a school district pursuant to Section 35270.5, which property the governing board of the school district has deemed to be surplus property of the district, may not be sold to any person or entity within 20 years of its acquisition by the district unless the district has first made a bona fide offer to sell the property to the person or entity that owned the property at the time of its acquisition by the district or, if applicable, offered to that person or entity a right of first refusal of any bona fide offer acceptable to the district made by another to purchase the property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 1. Schoolsites [17210 - 17234] ARTICLE 2. Disposal of Sites [17230 - 17234] SECTION 17234. Source version: id_cf10ea1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=1.&article=2. The failure to comply with any provision of this article shall not invalidate any sale or transfer of real property to a purchaser or encumbrancer for value. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] SECTION 17240. Source version: id_cf1270c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.&article= This chapter shall be known and may be cited as the New Schools Relief Act of 1979. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] SECTION 17241. Source version: id_cf1270c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.&article= The Legislature hereby finds and declares that because of the adoption of Article XIII A of the California Constitution, imposing limits on the ability of school districts to levy and collect property taxes, it is necessary to create new revenues for the construction of school facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] SECTION 17242. Source version: id_cf1270c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.&article= It is the intent of the Legislature in enacting this chapter to provide opportunities for school districts, the state, and the private sector to cooperate to provide needed school facilities in growth impacted districts, and to facilitate innovative financing and other techniques for growth impacted districts to help meet new school construction needs. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] SECTION 17243. Source version: id_cf1270c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.&article= As used in this chapter: (a) “Board” means the State Allocation Board. (b) “A school district with an anticipated increase in enrollment” means a school district in which the level of enrollment is projected by the district to be higher during any of the five years, including the year in which the projection is made, than the year preceding the year in which the projection is made. Projections shall be made pursuant to regulations adopted by the board. (c) “Private developers” means individuals or corporations owning land, facilities, or both; or, in the business of developing land for construction purposes, constructing facilities on developed land, or both. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] SECTION 17244. Source version: id_cf141e7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.&article= Notwithstanding any other provision of law, a school district with an anticipated increase in enrollment is authorized to lease land and facilities from a private developer with funds provided by one or more of the following sources, subject to regulations established by the board: (a) Funds provided by the state for the purposes of school construction (1) in the Budget Act, (2) in separate legislation, (3) from the sale of bonds, the issuance of which was approved by the voters of the state prior to January 1, 1980, provided that the purposes for which the issuance of the bonds was approved encompassed the purposes of this section; or (4) from the sale of bonds, the issuance of which may be approved on or after January 1, 1980, by the voters of the state for the purposes of school construction, among other purposes. (b) Funds the district has borrowed from the state and which the district is in the process of repaying, provided that nothing in this section shall be construed as terminating, delaying, or otherwise interrupting the district’s schedule of repayments for the funds. (c) Available capital reserves from the district’s general fund or special funds of the district, provided the purposes of this section do not conflict with the purposes for which the funds may be used. (d) Proceeds from the sale or lease of unneeded facilities, provided that nothing in this section shall be construed to have any of the following effects: (1) To terminate, delay, or otherwise interrupt the schedule of regular repayments for the district’s obligations to the state. (2) To relieve the district from any obligation to the state, except to the degree that such district may retain that portion of the proceeds from the sale or lease of unneeded facilities necessary to lease land and facilities pursuant to this section. (3) To permit the district to retain any proceeds otherwise owing to the state from the lease or sale of unneeded facilities in excess of the amount necessary to lease land and facilities pursuant to this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] SECTION 17245. Source version: id_cf141e7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.&article= Notwithstanding any other law, a school district with an anticipated increase in enrollment is authorized to construct school facilities authorized within state school building aid standards, and subject to regulations established by the board, with funds from the following sources: (a) Available capital reserves from the district’s general fund or special funds of the district, provided the purposes of this section do not conflict with the purposes for which the funds may be used. (b) Proceeds from the sale or lease of unneeded facilities provided that nothing in this section shall be construed to have any of the following effects: (1) To terminate, delay, or otherwise interrupt the schedule of regular repayments for the district’s obligations to the state. (2) To relieve the district from any obligation to the state, except to the degree that the district may retain that portion of the proceeds from the sale or lease of unneeded facilities necessary to construct facilities pursuant to this section. (3) To permit the district to retain any proceeds otherwise owing to the state from the lease or sale of unneeded facilities in excess of the amount necessary to construct facilities pursuant to this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.10. Source version: id_cc39e5f1-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= (a) The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method. (b) It is the intent of the Legislature that: (1) This chapter provide general authorization for school districts to use the design-build method for projects. (2) This chapter shall not be deemed to express a preference for the design-build method over other procurement methodologies. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.15. Source version: id_cc39e5f3-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= For purposes of this chapter, the following definitions apply: (a) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance. (2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors. (b) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. (c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. (d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to a design-build contract. (e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team. (2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. (f) “Project” means the construction of any school facility. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.20. Source version: id_cc39e5f5-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= (a) A school district, with approval of its governing board, may procure design-build contracts for projects in excess of one million dollars ($1,000,000), awarding the contract to either the low bid or the best value. (b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into design-build contracts authorized under this chapter. (c) This chapter shall apply to bid requests issued on or after July 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.25. Source version: id_794e474d-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= The procurement process for design-build projects shall progress as follows: (a) (1) The school district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but are not limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the school district’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California. (2) The documents shall not include a design-build-operate contract for a project. The documents, however, may include operations during a training or transition period, but shall not include long-term operations for a project. (b) The school district shall prepare and issue a request for qualifications in order to prequalify, or develop a short list of, the design-build entities whose proposals shall be evaluated for final selection. The request for qualifications shall include, but is not limited to, all of the following elements: (1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the school district to evaluate proposals, the procedure for final selection of the design-build entity, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity. (2) Significant factors that the school district reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, acceptable safety record, and all other nonprice-related factors. (3) A standard template request for statements of qualifications prepared by the school district. In preparing the standard template, the school district may consult with the construction industry, the building trades and surety industry, and other school districts interested in using the authorization provided by this chapter. The template shall require the following information: (A) If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project. (B) Evidence that the members of the design-build team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity, and that the proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the design-build entity has the capacity to complete the project. (C) The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (D) Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (E) Information concerning workers’ compensation experience history and a worker safety program. (F) If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization. (G) An acceptable safety record. A proposer’s safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category, or if the proposer is a party to an alternative dispute resolution system, as provided for in Section 3201.5 of the Labor Code. (4) (A) The information required under this subdivision shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members. (B) Information required under this subdivision that is not otherwise a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall not be open to public inspection. (c) (1) A design-build entity shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the school district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (2) This subdivision shall not apply if any of the following requirements are met: (A) The school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the school district prior to January 1, 2017. (C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (d) Based on the documents prepared as described in subdivision (a), the school district shall prepare a request for proposals that invites prequalified or short-listed entities to submit competitive sealed proposals in the manner prescribed by the school district. The request for proposals shall include, but need not be limited to, the following elements: (1) Identification of the basic scope and needs of the project or contract, the estimated cost of the project, the methodology that will be used by the school district to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity. (2) Significant factors that the school district reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all nonprice-related factors. (3) The relative importance or the weight assigned to each of the factors identified in the request for proposals. (4) Where a best value selection method is used, the school district may reserve the right to request proposal revisions and hold discussions and negotiations with responsive proposers, in which case the school district shall so specify in the request for proposals and shall publish separately or incorporate into the request for proposals applicable procedures to be observed by the school district to ensure that any discussions or negotiations are conducted in good faith. (e) For those projects utilizing low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or short-listed design-build entities, and awards shall be made to the design-build entity that is the lowest responsible bidder. (f) For those projects utilizing best value as a selection method, the design-build competition shall progress as follows: (1) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: (A) Price, unless a stipulated sum is specified. (B) Technical design and construction expertise. (C) Life-cycle costs over 15 or more years. (2) Pursuant to subdivision (d), the school district may hold discussions or negotiations with responsive proposers using the process articulated in the school district’s request for proposals. (3) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided, provided that no more than three proposers are required to be ranked. (4) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the school district to have offered the best value to the public. (5) Notwithstanding any other provision of law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. (6) The statement regarding the school district’s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit. (Amended by Stats. 2021, Ch. 615, Sec. 61. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.27. Source version: id_612bc905-0c8e-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= (a) For purposes of this section, the following definitions apply: (1) “Project” means all construction, alteration, demolition, installation, repair, and maintenance work that is subject to a project labor agreement that meets the requirements of Section 2500 of the Public Contract Code. (2) “School district” means a school district that operates a labor compliance program that received final approval from the Department of Industrial Relations before January 1, 1997. (b) A school district entering into a contract awarded pursuant to this chapter for a project that is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall retain the discretion to do all of the following: (1) Terminate the contract at any time before a final project design is submitted to the Division of the State Architect for approval. (2) Modify the project design or feature in a manner the school district decides is necessary to comply with the California Environmental Quality Act, including, but not limited to, incorporation of mitigation measures identified in an environmental review document for the project to mitigate environmental impacts that the project may cause, or the adoption of alternatives to the project. (3) Balance the benefits of the proposed project against any of the project’s significant environmental effects if the effects cannot be otherwise avoided or mitigated to a less than significant level. (4) Disapprove the project design and not proceed with the project’s final design and construction. (c) A contract awarded pursuant to this chapter by a school district for a project shall include terms specifying conditions set forth in subdivision (b) and shall condition the commencement of any activity beyond the design phase of the contract in compliance with applicable laws, including the California Environmental Quality Act. (d) A design-build entity or its subcontractors performing work on a project for a school district shall not engage in any activity, including demolition, excavation, grading, or construction, under a contract awarded pursuant to this chapter beyond the design phase unless the school district issues a notice pursuant to subdivision (a) of Section 21152 of the Public Resources Code, as applicable, and issues a notice to proceed with the construction. (e) For purposes of procuring and awarding a design-build contract for a project pursuant to this chapter, a school district is deemed to have complied with the California Environmental Quality Act if the school district complies with subdivision (b) and a contract awarded pursuant to this chapter contains the terms and conditions described in subdivision (c). (Added by Stats. 2019, Ch. 275, Sec. 1. (SB 743) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.30. Source version: id_cc3a3419-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the school district, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond. (b) The design-build contract shall require errors and omissions insurance coverage for the design elements of the project. (c) The school district shall develop a standard form of payment and performance bond for its design-build projects. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.35. Source version: id_3cb4bc3a-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= (a) The school district, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (b) Following award of the design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work: (1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due. (2) Establish reasonable qualification criteria and standards. (3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The foregoing process does not apply to construction subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (Amended (as added by Stats. 2015, Ch. 752, Sec. 2) by Stats. 2016, Ch. 86, Sec. 56. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.40. Source version: id_cc3a5b2d-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= (a) If the school district elects to award a project pursuant to this chapter, retention proceeds withheld by the school district from the design-build entity shall not exceed 5 percent. (b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the school district agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, prior to or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the school district and the design-build entity from any payment made by the design-build entity to the subcontractor. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.45. Source version: id_cc3a5b2f-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.50. Source version: id_cc3a5b31-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= This chapter shall become operative on July 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Note: Delayed operative date applies to Chapter 2.5, commencing with Section 17250.10.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] SECTION 17250.52. Source version: id_a5df782d-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.5.&article= Beginning January 1, 2023, a project using an alternative design-build contract, as defined in Section 17250.60, entered into on or after January 1, 2023, shall be governed by Chapter 2.6 (commencing with Section 17250.60). (Added by Stats. 2022, Ch. 571, Sec. 13. (AB 185) Effective September 27, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.60. Source version: id_87c97157-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= For purposes of this chapter, the following definitions apply: (a) “Alternative design-build” means a project delivery process in which both the design and construction of a project are procured from a single design-build entity based on its proposed design cost, general conditions, overhead, and profit as a component of the project price. (b) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance. (2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors. (c) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. (d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to an alternative design-build contract. (e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team. (2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. (f) “Project” means the construction of any school facility. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.61. Source version: id_87c99869-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= (a) A school district, with approval of its governing board, may procure alternative design-build contracts for projects in excess of five million dollars ($5,000,000), awarding the contract to either the low bid or the best value. (b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of an alternative design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into alternative design-build contracts authorized under this chapter. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.62. Source version: id_1462f8cd-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= The procurement process for alternative design-build projects shall progress as follows: (a) (1) The school district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but are not limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the school district’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California. (2) The documents shall not include a design-build-operate contract for a project. The documents, however, may include operations during a training or transition period, but shall not include long-term operations for a project. (b) The school district shall prepare and issue a request for qualifications in order to prequalify, or develop a short list of, the design-build entities whose proposals shall be evaluated for final selection. The request for qualifications shall include, but is not limited to, all of the following elements: (1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the school district to evaluate proposals, the procedure for final selection of the design-build entity, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity. (2) Significant factors that the school district reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, acceptable safety record, and all other nonprice-related factors. (3) A standard template request for statements of qualifications prepared by the school district. In preparing the standard template, the school district may consult with the construction industry, the building trades and surety industry, and other school districts interested in using the authorization provided by this chapter. The template shall require the following information: (A) If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project. (B) Evidence that the members of the design-build team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity, and that the proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the design-build entity has the capacity to complete the project. (C) The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (D) Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (E) Information concerning workers’ compensation experience history and a worker safety program. (F) If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization. (G) An acceptable safety record. A proposer’s safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category, or if the proposer is a party to an alternative dispute resolution system, as provided for in Section 3201.5 of the Labor Code. (4) (A) The information required under this subdivision shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members. (B) Information required under this subdivision that is not otherwise a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall not be open to public inspection. (c) (1) A design-build entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the school district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (2) This subdivision shall not apply if any of the following requirements are met: (A) The school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the school district before January 1, 2023. (C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (d) Based on the documents prepared as described in subdivision (a), the school district shall prepare a request for proposals that invites prequalified or shortlisted entities to submit competitive sealed proposals in the manner prescribed by the school district. The request for proposals shall include, but need not be limited to, the following elements: (1) Identification of the basic scope and needs of the project or contract, the estimated cost of the project, the methodology that will be used by the school district to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity. (2) Significant factors that the school district reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all nonprice-related factors. (3) The relative importance or the weight assigned to each of the factors identified in the request for proposals. (4) Where a best value selection method is used, the school district may reserve the right to request proposal revisions and hold discussions and negotiations with responsive proposers, in which case the school district shall so specify in the request for proposals and shall publish separately or incorporate into the request for proposals applicable procedures to be observed by the school district to ensure that any discussions or negotiations are conducted in good faith. (e) For those projects using low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or shortlisted design-build entities, and awards shall be made to the design-build entity that is the lowest responsible bidder. (f) For those projects using best value as a selection method, the alternative design-build competition shall progress as follows: (1) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: (A) The proposing design-build entity’s design cost, general conditions, overhead, and profit as a component of the project price, unless a stipulated sum is specified. (B) Technical design and construction expertise. (C) Life-cycle costs over 15 or more years. (2) Pursuant to subdivision (d), the school district may hold discussions or negotiations with responsive proposers using the process articulated in the school district’s request for proposals. (3) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided, provided that no more than three proposers are required to be ranked. (4) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the school district to have offered the best value to the public. (5) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. The contract awarded shall be subject to further negotiation and amendment pursuant to subdivision (c) of Section 17250.65. (6) The statement regarding the school district’s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit. (g) A contract awarded pursuant to this chapter shall be deemed a construction contract within the meaning of Section 17603, and subject to the requirements of Section 20118.4 of the Public Contract Code. For purposes of this section, “original contract price,” as used in Section 20118.4 of the Public Contract Code, means the negotiated price established pursuant to subdivision (c) of Section 17250.65. (Amended by Stats. 2023, Ch. 131, Sec. 26. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.63. Source version: id_87c9986d-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= (a) For purposes of this section, the following definitions apply: (1) “Project” means all construction, alteration, demolition, installation, repair, and maintenance work that is subject to a project labor agreement that meets the requirements of Section 2500 of the Public Contract Code. (2) “School district” means a school district that operates a labor compliance program that received final approval from the Department of Industrial Relations before January 1, 1997. (b) A school district entering into a contract awarded pursuant to this chapter for a project that is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall retain the discretion to do all of the following: (1) Terminate the contract at any time before a final project design is submitted to the Division of the State Architect for approval. (2) Modify the project design or feature in a manner the school district decides is necessary to comply with the California Environmental Quality Act, including, but not limited to, incorporation of mitigation measures identified in an environmental review document for the project to mitigate environmental impacts that the project may cause, or the adoption of alternatives to the project. (3) Balance the benefits of the proposed project against any of the project’s significant environmental effects if the effects cannot be otherwise avoided or mitigated to a less than significant level. (4) Disapprove the project design and not proceed with the project’s final design and construction. (c) A contract awarded pursuant to this chapter by a school district for a project shall include terms specifying conditions set forth in subdivision (b) and shall condition the commencement of any activity beyond the design phase of the contract in compliance with applicable laws, including the California Environmental Quality Act. (d) A design-build entity or its subcontractors performing work on a project for a school district shall not engage in any activity, including demolition, excavation, grading, or construction, under a contract awarded pursuant to this chapter beyond the design phase unless the school district issues a notice pursuant to subdivision (a) of Section 21152 of the Public Resources Code, as applicable, and issues a notice to proceed with the construction. (e) For purposes of procuring and awarding an alternative design-build contract for a project pursuant to this chapter, a school district is deemed to have complied with the California Environmental Quality Act if the school district complies with subdivision (b) and a contract awarded pursuant to this chapter contains the terms and conditions described in subdivision (c). (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.64. Source version: id_87c9986f-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the school district, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond. (b) The alternative design-build contract shall require errors and omissions insurance coverage for the design elements of the project. (c) The school district shall develop a standard form of payment and performance bond for its alternative design-build projects. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.65. Source version: id_87c99871-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= (a) The school district, in each alternative design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (b) Following award of the alternative design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work: (1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due. (2) Establish reasonable qualification criteria and standards. (3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process described in this subdivision does not apply to construction subcontractors listed in the original proposal, including, but not limited to, the construction subcontractors that were identified as part of the design-build team. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (c) Construction subcontracts shall be subject to an open book evaluation by the school district. Based on the open book evaluation, the school district shall set the price of the alternative design-build contract. The alternative design-build contract may be subject to further negotiation or amendment. If the school district and the design-build entity are unable to reach an agreement, the school district may terminate the alternative design-build contract. (d) A licensed construction subcontractor that provides design services used on a project authorized by this chapter shall not be responsible for any liability arising from that subcontractor’s design if the construction subcontract for that design is not performed by that subcontractor. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.66. Source version: id_87c99873-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= (a) If the school district elects to award a project pursuant to this chapter, retention proceeds withheld by the school district from the design-build entity shall not exceed 5 percent. (b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the school district agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the school district and the design-build entity from any payment made by the design-build entity to the subcontractor. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.67. Source version: id_87c99875-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= (a) A school district that uses the alternative design-build procurement method pursuant to this chapter shall, no later than January 1, 2028, submit to the appropriate policy and fiscal committees of the Legislature a report on the use of the procurement method. (b) The report shall include, but is not limited to, the following information: (1) A description of the projects awarded using the alternative design-build procurement method. (2) The contract award amounts. (3) The design-build entities awarded the projects. (4) A description of any written protests concerning any aspect of the solicitation, bid, or award of the contracts, including the resolution of the protests. (5) A description of the prequalification process. (6) The number of subcontractors listed by construction trade type on each project that provided design services, but did not meet the target price for their scope of work and therefore did not perform construction services on that project. (7) Whether the school district used any portion of a design prepared by a subcontractor that did not perform the construction work. (8) The number of subcontractors listed by construction trade type on each project that meet the definition of a small business under subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 14837 of the Government Code. (9) The number of subcontractors listed by construction trade type on each project that meet the definition of a microbusiness under paragraph (2) of subdivision (d) of Section 14837 of the Government Code. (10) If a project awarded under this chapter has been completed, an assessment of the project performance, including, but not limited to, a summary of any delays or cost increases. (c) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.68. Source version: id_87c99877-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= Beginning January 1, 2023, this chapter shall govern a project using an alternative design-build contract entered into on or after January 1, 2023. Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law. This chapter shall not affect, invalidate, or limit any design-build contract awarded before the effective date of this chapter in accordance with Chapter 2.5 (commencing with Section 17250.10), including any contract awarded under that chapter using an alternative design-build methodology. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] SECTION 17250.69. Source version: id_87c99879-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=2.6.&article= This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 2.6 commencing with Section 17250.60.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] SECTION 17251. Source version: id_378c7516-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=1. The department shall: (a) Upon the request of the governing board of a school district, advise the governing board of the school district on the acquisition of new schoolsites and, after a review of available plots, give the governing board of the school district in writing a list of the recommended locations in the order of their merit, considering especially the matters of educational merit, safety, reduction of traffic hazards, and conformity to the land use element in the general plan of the city, county, or city and county having jurisdiction. The governing board of the school district may purchase a site deemed unsuitable for school purposes by the department only after reviewing the report of the department on proposed sites at a public hearing. The department shall charge the school district a reasonable fee for each schoolsite reviewed not to exceed the actual administrative costs incurred for that purpose. (b) Develop standards for use by a school district in the selection of schoolsites, in accordance with the objectives set forth in subdivision (a). The department shall investigate complaints of noncompliance with site selection standards, and shall notify the governing board of the school district of the results of the investigation. If that notification is received before the acquisition of the site, the governing board of the school district shall discuss the findings of the investigation in a public hearing. (c) Establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate, promote school safety, and provide school districts with flexibility in designing instructional facilities. (d) Upon the request of the governing board of a school district, review plans and specifications for school buildings in the school district. The department shall charge the governing board of a school district, for the review of plans and specifications, a reasonable fee not to exceed the actual administrative costs incurred for that purpose. (e) Upon the request of the governing board of a school district, make a survey of the building needs of the school district, advise the governing board of the school district concerning the building needs, and suggest plans for financing a building program to meet the needs. The department shall charge the school district, for the cost of the survey, a reasonable fee not to exceed the actual administrative costs incurred for that purpose. (f) Provide information relating to the impact or potential impact upon a schoolsite of hazardous substances, solid waste, safety, hazardous air emissions, and other information as the department may deem appropriate. (g) (1) Develop strategies to assist small school districts with technical assistance relating to school construction and the funding of school facilities. The strategies may include informing the districts of how to receive the approval required for school construction, including the requirements of the Division of the State Architect, and how to secure state funding, including from the state bond funds made available pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10). (2) For purposes of this subdivision, “small school district” means a school district with fewer than 2,501 units of average daily attendance. (Amended by Stats. 2017, Ch. 837, Sec. 2. (AB 203) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] SECTION 17251.5. Source version: id_cf1a3919-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=1. Notwithstanding any law, when using exclusively local funds for acquisition of a potential schoolsite, a school district is not required to receive final approval of a site by the State Department of Education prior to adopting a resolution of necessity in an eminent domain proceeding or prior to closing escrow on a site purchase through voluntary sale. (Added by Stats. 2002, Ch. 33, Sec. 26. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] SECTION 17252. Source version: id_cf1a391b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=1. All money collected by the State Department of Education under the provisions of this article shall be available for the use of the department pursuant to appropriations for any use that may from time to time be made by the Legislature. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] SECTION 17253. Source version: id_cf1a391d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=1. (a) The Legislature finds and declares the following: (1) The Department of Water Resources, pursuant to Division 3 (commencing with Section 6000) of the Water Code, exercises regulatory control over dam safety in the State of California. (2) The department approves all plans and specifications, certifies that any dam is safe to impound water, periodically inspects all dams for the continuing safety of all impounding structures, and may revoke any certification allowing impoundment of water if it is determined that the dam is a danger to life and property. (b) If the Department of Water Resources has asserted and continues to exercise its regulatory control over the Domenigoni Valley Reservoir Project, the State Department of Education, when evaluating schoolsites, shall not require mitigation related to potential dam breach inundation of the Domenigoni Valley Reservoir Project. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] SECTION 17255. Source version: id_cf1a391f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=1. The Energy Resources Conservation and Development Commission shall, in consultation with the State Department of Education and the Division of the State Architect and the Office of Public School Construction within the Department of General Services, recommend best design practices that include energy efficiency measures for all new public schools. The practices and measures shall have as a goal incorporating energy efficiency design and technologies that would provide the greatest amount of energy efficiency savings within a cost recapture period of seven years. The commission may additionally recommend best design practices and measures that would be cost-effective taking into consideration life-cycle costs. The recommendations shall be reported to the Governor and the Legislature by October 1, 2003. (Added by Stats. 2002, Ch. 498, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] SECTION 17256. Source version: id_730eee02-e40f-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=1. The department and the Office of Public School Construction shall each develop regulations that provide local educational agencies with flexibility in the design of instructional facilities under this article and the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10) for consideration by the state board and the State Allocation Board. The regulations shall be consistent with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as it read on January 1, 2015. (Added by Stats. 2017, Ch. 837, Sec. 4. (AB 203) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17260. Source version: id_cf1bbec3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. As used in this article “school buildings” shall have the same meaning as in Section 17283. (Amended by Stats. 1998, Ch. 407, Sec. 5. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17261. Source version: id_78a628fb-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. The State Allocation Board shall obtain construction plans for school buildings appropriate for school districts in various climates and geographical conditions of the state. The plans shall be composed of plans designed to meet the needs of school districts requiring school buildings of various sizes. The plans may include landscape suggestions. The plans may include designs that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools. (Amended by Stats. 2006, Ch. 35, Sec. 13. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17262. Source version: id_cf1d4567-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. Any school district may request sets of the plans and specifications obtained by the State Allocation Board as appropriate for use in constructing a school building of the type desired by the school district. The plans and specifications shall be furnished to the school district subject to the payment by the school district of the actual expense incurred by the State Allocation Board, but that payment shall not exceed more than 2 percent of the total cost of the project. Any payments received for the plans and specifications shall be paid into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, or the 2004 State School Facilities Fund, as appropriate. (Amended by Stats. 2002, Ch. 33, Sec. 27. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17263. Source version: id_cf1d4569-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. The plans and specifications for any school building as defined in Section 17283, together with estimates of cost, shall be submitted by the board to the Department of General Services for approval. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17264. Source version: id_cf1d456b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. (a) Commencing January 1, 1992, all plans and specifications for the construction of a new or modernized elementary school building shall be designed to provide appropriate space, consistent with the needs of the attendance area of the school, to accommodate before-school and after-school child care programs. The State Allocation Board may waive this requirement if it determines that the school district will experience an educational or financial hardship in this accommodation. (b) For purposes of this section, first consideration in the design of space to be used for the before-school and after-school child care programs shall be within the multipurpose room. (c) For purposes of this section, the terms “new construction” and “modernization” shall have the same meaning as those words are used in Chapter 12 (commencing with Section 17000) of Part 10. (d) No funding shall be made available to any child care program or facility pursuant to this chapter unless all of the following conditions are met: (1) The program facility is open to children without regard to any child’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the program. (3) The space in which the program is operated is not utilized in any manner to foster religion during the time used for the program. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17265. Source version: id_cf1d456d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. All provisions of Sections 17280 to 17313, inclusive, are made applicable to school buildings as defined in Section 17283 constructed from plans and specifications furnished under Sections 17260 to 17267, inclusive, except as otherwise provided in the latter sections. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17266. Source version: id_cf1d456f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. The district shall furnish its own architect or structural engineer, or both, for necessary structural engineering and supervision of construction. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17267. Source version: id_13fd3229-602b-11e7-ba05-857c2c4aa19b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. The governing board of a school district shall, before letting any contract for the construction of a school building as defined in Section 17283 according to the plans and specifications, file a set of the plans and specifications with the Department of General Services accompanied by a filing fee pursuant to Section 17300. (Amended by Stats. 2017, Ch. 19, Sec. 1. (AB 111) Effective June 27, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 2. Plans [17260 - 17268] SECTION 17268. Source version: id_cf1ecc13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=2. (a) The governing board of a school district that elects not to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) may not approve a project for the construction of a new school building, as defined in Section 17283, unless the project and its lead agency comply with the same requirements specified in subdivision (a) of Section 17213 for schoolsite acquisition. (b) As a condition to receiving state funds pursuant to Chapter 12.5 (commencing with Section 17070.10, the governing board of a school district may not approve a project for the construction of a new school building or schoolsite on leased or acquired land unless the project and the school district comply with the requirements specified in Sections 17213.1 and 17213.2. (c) The project shall not be subject to subdivision (b) for a minor addition to a school if the project is eligible for a categorical or statutory exemption under guidelines issued pursuant to Section 21083 of the Public Resources Code, as set forth in the California Environmental Quality Act. (d) “School building,” as used in this section, means any building designed and constructed to be used for elementary or secondary school purposes by a school district. (e) The requirements of Sections 17213, 17213.1 and 17213.2 shall not apply to a schoolsite if the acquisition occurred prior to January 1, 2000, to the extent a school district is subject to the requirements set forth in those sections pursuant to a judicial order or an order issued by, or an agreement with the Department of Toxic Substances Control regarding that site, and the school district is in full compliance with that order or agreement. (f) For purposes of this section, the acceptance of construction bids shall constitute approval of the project. (Amended by Stats. 1999, Ch. 992, Sec. 5. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17280. Source version: id_cf1ecc17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) (1) The Department of General Services under the police power of the state shall supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted under Section 17295, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. Nothing in this section shall be construed to allow a school district to perform work with its own forces in excess of the limitations set forth in Sections 17595 and 17599. In calculating the cost of any project of reconstruction or alteration of, or addition to, any school building for the purpose of determining the applicability of the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, the Department of General Services shall not include, as an element of that cost, any expenses of air-conditioning equipment or insulation materials for that building, or of installing the equipment or materials. (2) In the alternative, for a leased or purchased building, a school district may comply with this section by complying with Section 17280.5. (b) Whenever repairs due to fire damage, not including any damage caused by wind or earthquake, must be made to any school building previously approved by the Department of General Services, the approved plans and specifications used in the original work under then existing rules, regulations, and building standards may be used without modification, providing all other provisions of this article are carried out. (c) Notwithstanding any other provision of law, no school district shall be authorized to construct or reconstruct any school building, regardless of the source of funding, unless and until the governing board of the district, by resolution, has indicated the agreement of the district that any school building construction or reconstruction that exceeds those construction costs and allowable area standards or any allowable building area computed for an attendance area pursuant to Section 17041 shall, in the event of the district’s subsequent application for state funding for school facility construction, be deducted from the allowable building area for which the district would otherwise have been eligible, which restriction shall not be subject to waiver or exception as otherwise may be provided by law. (d) If it is determined that, for any reason, a school district failed to comply with the requirement of this section, the district shall not be eligible for any additional building area pursuant to Section 17049 and may be denied any time priority established for the particular project pursuant to Section 17016. (Amended by Stats. 2002, Ch. 33, Sec. 28. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17280.1. Source version: id_d7c51549-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Written rules and regulations adopted pursuant to this article to clarify the application of the California Building Standards Code shall be made available to the public by the State Architect upon request. (Added by Stats. 2004, Ch. 642, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17280.5. Source version: id_cf1ecc19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) The Seismic Safety Commission shall convene an advisory committee that shall include, but not be limited to, the State Architect, the State Fire Marshall, representatives from the major professional associations representing architects, engineers, and school facilities designers, and other interested parties. (b) The advisory committee shall convene by August 19, 2002, and shall study and report on whether a regulatory process may be developed that will allow the State Architect to determine whether a building not originally constructed in compliance with the Field Act, as defined in Section 17281, and its implementing regulations either meets, or can be retrofitted to meet, the equivalent pupil safety performance standard as a building constructed according to the Field Act and its implementing regulations. If the advisory committee finds that the regulatory process may be developed, the advisory committee, shall include within its report the facts and rationale supporting the finding and the essential steps required in that regulatory process. The advisory committee shall report its findings to the Seismic Safety Commission by December 31, 2002. (c) By January 8, 2003, and after reviewing the advisory committee’s findings, the Seismic Safety Commission shall make a determination as to whether the regulatory process described in subdivision (b) may be developed, and shall report that determination to the Governor and the Legislature. (d) If the Seismic Safety Commission determines that the regulatory process may be developed, the State Architect shall draft regulations to establish that regulatory process and to delineate the required retrofitting, deconstructive testing, continuous inspection procedures, and other necessary certifications and requirements that must be completed for a building to ensure it meets the equivalent pupil safety performance standard as a building constructed according to the Field Act and its implementing regulations. The State Architect shall promulgate the regulations on or before April 1, 2003, as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (e) Notwithstanding any law, a leased or purchased building that is determined to have the equivalent pupil safety performance standard as a building constructed according to the Field Act and implementing regulations is hereby deemed to be in full compliance with the safety requirements of a school building as set forth in Section 17280, and is hereby deemed to be in full compliance with the Field Act. (Added by Stats. 2002, Ch. 33, Sec. 29. Effective April 29, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17281. Source version: id_cf2052bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. This article, together with Article 6 (commencing with Section 17365), and Article 7 (commencing with Section 81130) of Chapter 1 of Part 49, shall be known and may be cited as the “Field Act.” (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17282. Source version: id_cf2052bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) It is the intent of the Legislature to expedite the repair, alteration, and reconstruction of school facilities that have been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disasters, to return those school facilities to a condition that makes them useful to school districts in the least amount of time and at the lowest appropriate cost while maintaining the integrity and safety of the structure as required by the laws of this state. (b) Notwithstanding any other law, if a school facility has been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disaster, all reviews or approvals required by this article shall be expedited. In no event shall any review or approval exceed 60 days, excluding weekends and holidays, from the date of receipt of all complete plans, specifications, and documentation for the facilities from the district. (c) If, upon review, the plans or specifications require minor amendment or modification, these minor amendments or modifications shall not delay the completion of the review or approval beyond the 60-day requirement specified in subdivision (b) unless the amendment or modification constitutes a major substantive change affecting the entire project. While any minor amendments or modifications are being undertaken, the remainder of the project shall continue under review so that a timely and adequate review may be completed within the 60-day requirement of subdivision (b). (d) A state agency that is required to perform any review or approval under this article may hire additional personnel or incur any additional costs necessary to perform the review or approval within the time limits set forth in this section and shall charge the district a fee not to exceed the actual cost of the review or approval. (e) As used in this section, “damaged” means damages to the extent that occupancy is precluded based upon a report of an architect or a structural engineer and the concurrence of the Department of General Services in the report’s conclusion that the occupancy of the premises is precluded. (f) The expedited review and approval required by this section shall not apply if the documents are not submitted within six months of the damage to, or destruction of, the facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17282.5. Source version: id_c3d96201-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) On or before January 1, 2010, the Division of the State Architect within the Department of General Services shall develop uniform criteria for precheck approval processes for solar design plans, including structural plans and calculations, for a school facility that comply with rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations. The criteria shall include provisions to ensure fire and life safety. (b) The Department of General Services shall complete the review of a solar design plan application submitted by a school district that conforms with the criteria established pursuant to subdivision (a) within 45 calendar days of the receipt of a complete application. If the Department of General Services requests an applicant to submit a corrected application, the Department of General Services shall act on the corrected application within 10 calendar days of the date the applicant submits the corrected complete application to that department for approval. (Amended by Stats. 2009, Ch. 140, Sec. 48. (AB 1164) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17283. Source version: id_cf2052bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. “School building” as used in this article means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17283.5. Source version: id_24a01dc5-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) For the purposes of this article, Article 5 (commencing with Section 17350), and Article 6 (commencing with Section 17365), “school building” does not include any building used or intended to be used by a school district as residential housing. (b) As used in this section, “residential housing” means any building used as a personal residence by a teacher or employee of a school district, with the teacher’s or employee’s family, if applicable. (Added by Stats. 2021, Ch. 49, Sec. 1. (AB 306) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17284. Source version: id_cf2052c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Any school building, as defined in Section 17283, operated by a county official, board, or commission which on the effective date of this section is in violation of this article, if compliance therewith was otherwise required, may be continued in use as a school building after June 30, 1975, provided that no building shall be operated after that date unless the county official, board, or commission requests and obtains from the State Allocation Board authority for use of the building for a specific period after that date. Concurrent with the request the county official, board, or commission shall file with the State Allocation Board a statement or resolution declaring an intention to utilize the building as a school building after June 30, 1975, pending its repair, reconstruction, or replacement. The State Allocation Board shall not authorize the county official, board, or commission to use the building after June 30, 1975, unless it has first determined that the affected authority has already proceeded with a plan of total repair, reconstruction, or replacement in a timely manner and the contract has been let for any phase of, and work commenced on, the project. In no event shall the State Allocation Board authorize the use of these unsafe facilities for a period extending beyond the completion of the replacement facilities or beyond June 30, 1977, whichever occurs first. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17284.5. Source version: id_cf2052c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Notwithstanding any provision of law to the contrary, any waiver granted by the State Allocation Board to a school district for use of a nonconforming existing private building acquired for conversion for use as a school building, that had not expired prior to January 1, 2000, is hereby extended until January 1, 2002, if the work to make the building a conforming structure commenced prior to January 1, 2001, but had not been completed by that date. (Amended by Stats. 2000, Ch. 202, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17285. Source version: id_680c937c-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Notwithstanding any provision of law except Sections 17286, 17287, 17405, and this section, a leased building that does not meet the requirements of Section 17280 may not be used as a school building, as defined in Section 17283, after September 1, 1990. (b) A school district may lease a commercial building prior to January 1, 2003, that does not meet the requirements of Section 17280, for use as a school building, as defined in Section 17283, if the governing board of the district finds that all of the following conditions have been met: (1) The building was constructed in accordance with seismic safety standards for commercial buildings constructed within an earthquake zone. (2) The building permit for the initial construction of the building was issued on or after January 1, 1990. (3) A structural engineer has inspected the building and submitted a report to the governing board of the school district that certifies that the building is in substantial compliance with the requirements of the Field Act. This certification requirement is satisfied if the structural engineer affixes his or her seal of approval to the report and he or she attests in that report that to the best of his or her knowledge: (A) He or she has reviewed the design calculations, construction documents, and the local government construction inspection records of the building to the extent available. (B) He or she has authorized testing and has observed or reviewed the test results and the inspections of an adequate sample of the structure’s welds, anchor bolts, and other structural elements. (C) He or she has observed that the overhead nonstructural elements, including, but not limited to, light fixtures, heating, and air-conditioning diffusers are adequately braced or anchored. The governing board of the school district shall submit the report to the Division of the State Architect for its review. The Division of the State Architect has one month to review the report for compliance with the above requirements, and to provide feedback to the structural engineer regarding any insufficiencies with the report, and whether or not the building is in substantial compliance with the requirements of the Field Act. If the Division of the State Architect does not respond within one month of the final and complete report being submitted, the Division of the State Architect will be deemed to have concurred with the structural engineer’s report. A final decision by the governing board of the school district to occupy the building for school purposes shall not occur until the governing board has reviewed and considered the feedback of the Division of the State Architect, or the one month review period has passed. No member of the governing board of a school district, nor any employee of a school district, shall be held personally liable for injury to persons or damage to property resulting from the fact that the governing board of the school district used a commercial building pursuant to this subdivision for a school and the building was not constructed under the requirements of Section 17280. This exemption from personal liability for members of the governing board and employees of a school district is not intended to limit the liability of the school district for injury to persons or damage to property resulting from the fact that the governing board or any employee of the school district used a commercial building pursuant to this subdivision for a school and the building was not constructed under the requirements of Section 17280. This exemption from personal liability for members of the governing board and employees of a school district is not intended to limit the liability of the school district, the governing board or the district’s employees pursuant to Section 835 of the Government Code. Section 17312 is not applicable to a person who, pursuant to this section, leases or uses a building for a school building that meets the requirements of this section but does not meet the requirements of Section 17280. Approval and use of a building pursuant this subdivision does not constitute a violation of the Field Act. (c) A building leased pursuant to Section 17280 may be used after September 1, 1991, as a regional occupational center or program that does not meet the requirements of Section 17280, provided the building satisfies all of the following conditions: (1) The facility is one of the following: (A) A single-story, wood-framed structure. (B) A single-story, light steel frame structure. (C) A structure for which a structural engineer has submitted a report that certifies that substantial structural hazards do not exist, as to that structure. The governing board of the regional occupational center or program, as provided for under Section 52310.5, shall review the report prior to approval of the lease and may reject the report if there is any evidence of fraud regarding the facts in the report. (2) The building or structure complies with all applicable local building standards and all applicable local health and safety standards in the community in which it is located. (3) The governing board of the regional occupational center or program, as provided for under Section 52310.5, certifies to the State Allocation Board that reasonable efforts have been made to locate the regional occupational center or program in facilities that conform to the seismic safety standards set forth in Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (Amended by Stats. 2012, Ch. 728, Sec. 23. (SB 71) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17286. Source version: id_cf21d967-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Where the primary use of either a building or complex within which the building is situated, operated by an official or board of a city, city and county or county, is for purposes other than educational, such as, but not limited to, correctional, forestry, or hospital purposes, the building shall not be considered to be a “school building” within the meaning of Section 17283 notwithstanding any educational use thereof incidental to the primary purpose. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17287. Source version: id_cf21d969-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. For the purposes of this article and Article 6 (commencing with Section 17365), “school building” does not include (a) any building of a school district or county superintendent of schools which is used solely for classes or programs in outdoor science, conservation, and forestry in accordance with Article 5 (commencing with Section 8760) of Chapter 4 of Part 6 and which does not occupy, in whole or in part, the same parcel of land upon which there is situated any school maintained by the district or county superintendent, or (b) agricultural education laboratory facilities used primarily for plant and animal production or the storage of materials, equipment, and supplies involved in this production. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17288. Source version: id_cf21d96b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Notwithstanding Section 17285, any high school pupil who attends a class or classes on a campus of the University of California or the California State University in order to receive specialized educational services and opportunities authorized by Chapter 6 (commencing with Section 58800) of Part 31 and any adult attending a special education program established pursuant to Part 30 (commencing with Section 56000), is considered a pupil of that campus for the purposes of Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. Any building or structure or portion of building or structure that pupils occupy pursuant to this section shall not be considered “school buildings” within the meaning of Section 17283. (b) The governing board of each school district, each county board of education, or each county superintendent of schools, as appropriate, shall notify, in writing, the parent or guardian of each high school pupil who attends a class or classes authorized by Chapter 6 (commencing with Section 58800) of Part 31 and each adult attending a special education program established pursuant to Part 30 (commencing with Section 56000), prior to the pupil’s attendance at the class on a university campus that, although University of California and California State University buildings are required to conform to the rigorous standards of the Uniform Building Code (UBC), the buildings on the university campuses may not meet the requirements of Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. This notice shall accompany, to the greatest extent possible, any existing notification to parents or guardians regarding specialized educational services and opportunities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17289. Source version: id_cf23600d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. In order to provide alternative, community-based educational opportunities through independent study, any school district or county office of education may request an exemption from the State Allocation Board for a building or structure, or portion of a building or structure, from the definition of “school buildings” within the meaning of Section 17283. The exemptions may be granted for no longer than two years and exemptions are renewable. An exemption may only be granted if the school district or county office of education demonstrates to the satisfaction of the State Allocation Board all of the following: (a) The building or structure, or portion of building or structure, satisfies all of the following: (1) It is not located on a regular schoolsite. (2) It complies with all applicable local building standards and all relevant local health and safety standards in the community in which it is located. (3) It is used for independent study. (4) It serves fewer than 25 pupils enrolled in kindergarten or any of the grades 1 to 12, inclusive, at any one time in the building or structure, or in a portion of a building or structure where the remainder of the building or structure is not used for instructional purposes. (b) The use of the building or structure is critical to providing an effective alternative, community-based program. (c) The use of other buildings or structures that would meet seismic safety standards for school facilities is not practical. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17291. Source version: id_3ff8851b-6c2a-11dc-bfc4-d021d09ce77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) An owned relocatable building or structure that is to be used for school purposes shall be subject to the provisions of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). (b) Notwithstanding any other provision of law, this section shall become operative on September 30, 1997. (Amended (as to be added by Stats. 1996, Ch. 277) by Stats. 1997, Ch. 320, Sec. 2. Effective August 18, 1997. As amended, this section initially became operative on September 30, 1997, by Sec. 10 of Ch. 320 (and by its own provisions).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17292. Source version: id_3355627c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Notwithstanding any provision of law, an owned or leased relocatable building that does not meet the requirements of Section 17280 may be used until September 30, 2015, as a school building, if all of the following conditions are met: (1) The relocatable building was manufactured and was in use for classroom purposes on or before May 1, 2000, and bears a commercial coach insignia of approval from the Department of Housing and Community Development. (2) The relocatable building is a single story structure with not more than 2,160 square feet of interior floor area when all sections are joined together. (3) The relocatable building was constructed after December 19, 1979, and bears a commercial coach insignia of approval from the Department of Housing and Community Development. (4) The bracing and anchoring of interior overhead nonstructural elements, such as light fixtures and heating and air-conditioning diffusers, and the foundation system complies with the applicable rules and regulations adopted pursuant to this article and published in Title 24 of the California Code of Regulations. (5) The building construction, including associated site construction, except for the relocatable building defined in paragraph (2), complies with the applicable rules and regulations adopted pursuant to this article, Sections 4450 to 4458, inclusive, of the Government Code, and Section 13143 of the Health and Safety Code and the administrative and building standards published in Title 19 and Title 24 of the California Code of Regulations. (6) The relocatable building is anchored to the ground to resist earthquake and wind loads. (7) The school district has certified to the Department of General Services that the relocatable building complies with the requirements of this subdivision. (8) The Department of General Services has issued a certification of compliance with the requirements of this article. (b) The Department of General Services may assess fees to carry out the requirements of this section. Fees imposed pursuant to this subdivision shall be equal to the costs associated with making the certifications and inspections required by, and otherwise enforcing, this section and shall be deposited in the Public School Planning, Design, and Construction Review Revolving Fund. (c) For each relocatable building that was used as a school building pursuant to this section, the governing board of the school district shall adopt a resolution by October 30, 2015, certifying to the State Allocation Board that commencing September 30, 2015, the relocatable building is no longer being used as a school building. (Amended by Stats. 2006, Ch. 308, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17292.5. Source version: id_71f7ca8e-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) If the governing board of a school district operates a program for expelled pupils, the governing board shall do one or more of the following: (1) Utilize available school facilities that conform to the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (2) Apply for emergency portable classrooms pursuant to Chapter 25 (commencing with Section 17085) of Part 10. (3) Enter into lease agreements for facilities, provided that the facilities are limited to a structure where a structural engineer has submitted a report that determines substantial structural hazards do not exist. (b) Before entering into any lease pursuant to paragraph (3) of subdivision (a), the governing board of the school district shall certify to the State Allocation Board that all reasonable efforts have been made to locate the program in facilities that conform to the structural safety standards listed in paragraph (1) of subdivision (a). (Amended by Stats. 2012, Ch. 728, Sec. 24. (SB 71) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17293. Source version: id_cf24e6b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) On or after January 1, 1993, if a county superintendent or school district elects to operate a new or expanded pregnant and parenting teen program pursuant to Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29, the county superintendent or school district may enter into lease agreements for school facilities as set forth in subdivision (b), if both of the following conditions are met: (1) All available school facilities conform to the requirements of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17320). (2) If facilities meeting the requirements of paragraph (1) are not available, the school district or county superintendent of schools has applied to lease or purchase emergency portable classrooms pursuant to Chapter 14 (commencing with Section 17085) of Part 10 and the application was either not approved or the portable classrooms approved will not meet the needs of the county superintendent of schools or the school district. (b) Notwithstanding any other provision of law, the county superintendent or the school district may enter into lease agreements as follows: (1) A report and certification of safety shall be prepared by a structural engineer that verifies that the building meets local safety standards and that substantial structural hazards do not exist. The county board of education or school district governing board, as the case may be, shall review the report and certification prior to the approval of the lease and may reject the report if there is evidence of fraud regarding the facts in the report. In addition, the county board of education or the governing board of the school district shall cause to be prepared and maintained on file a report and certification of safety by a structural engineer every five years from the date of the initial lease as long as the building continues to be used and a statement that the building continues to meet local safety standards and that structural hazards do not exist. (2) Before entering into any lease, the county superintendent or the school district shall certify that all reasonable efforts have been made to locate programs in facilities that conform to paragraph (1) or (2) of subdivision (a). (Amended by Stats. 1998, Ch. 1078, Sec. 8. Effective January 1, 1999. Became operative on July 1, 2000, pursuant to Sec. 13 of Ch. 1078.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17294. Source version: id_cf24e6b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. “Construction or alteration” as used in this article includes any construction, reconstruction, or alteration of, or addition to, any school building. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17295. Source version: id_85717a3a-3ee8-11e6-976a-ea9f0138f43d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) (1) The Department of General Services shall pass upon and approve or reject all plans for the construction or, if the estimated cost exceeds one hundred thousand dollars ($100,000), the alteration of any school building. (2) To enable the Department of General Services to pass upon and approve plans pursuant to this subdivision, the governing board of each school district and any other school authority before adopting any plans for the school building shall submit the plans to the Department of General Services for approval, and shall pay the fees prescribed in this article. (b) Notwithstanding subdivision (a), where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds one hundred thousand dollars ($100,000), but does not exceed two hundred twenty-five thousand dollars ($225,000), a licensed structural engineer shall examine the proposed project to determine if it is a nonstructural alteration or a structural alteration. If he or she determines that the project is a nonstructural alteration, he or she shall prepare a statement so indicating. If he or she determines that the project is structural, he or she shall prepare plans and specifications for the project which shall be submitted to the Department of General Services for review and approval. A copy of the engineer’s report stating that the work does not affect structural elements shall be filed with the Department of General Services. (c) If a licensed structural engineer submits a report to the Department of General Services stating that the plans or activities authorized pursuant to subdivision (b) do not involve structural elements, then all of the following shall apply to that project: (1) The design professional in responsible charge of the project undertaken pursuant to this subdivision shall certify that the plans and specifications for the project meet any applicable fire and life safety standards, and do not affect the disabled access requirements of Section 4450 of the Government Code, and shall submit this certification to the Department of General Services. The letter of certification shall bear the identifying licensing stamp or seal of the design professional. This paragraph does not preclude a design professional from submitting plans and specifications to the Department of General Services along with the appropriate fee for review. (2) Within 10 days of the completion of any project authorized pursuant to subdivision (b), the school construction inspector of record on the project, who is certified by the Department of General Services to inspect school buildings, shall certify in writing to the Department of General Services that the reconstruction, alteration, or addition has been completed in compliance with the plans and specifications. (3) The dollar amounts cited in this section shall be increased on an annual basis, commencing January 1, 2018, by the Department of General Services according to an inflationary index governing construction costs that is selected and recognized by the Department of General Services. (4) No school district shall subdivide a project for the purpose of evading the limitation on amounts cited in this section. (d) For purposes of this section, “design professional in responsible charge” or “design professional” means the licensed architect, licensed structural engineer, or licensed civil engineer who is responsible for the completion of the design work involved with the project. (Amended by Stats. 2016, Ch. 31, Sec. 19. (SB 836) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17296. Source version: id_4cef9db8-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Notwithstanding any other law, a school-based facility providing social services or support services, or health care, that is established through agreements with local governments and school districts pursuant to Chapter 5 (commencing with Section 8800) of Part 6 or as part of an integrated children’s services program pursuant to Chapter 12.82 (commencing with Section 18986.40) of Part 6 of Division 9 of the Welfare and Institutions Code, respectively, is located on school property, and meets all the requirements of the Uniform Building Code and has been approved by the building department of the appropriate local jurisdiction, as well as those of the appropriate local jurisdiction, shall not be required to obtain approval of plans by the Department of General Services pursuant to Section 17295. (Amended by Stats. 2017, Ch. 561, Sec. 28. (AB 1516) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17297. Source version: id_cf266d5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Except as provided in Section 17298, before letting any contract for any construction or alteration of any school building, the written approval of the plans, as to safety of design and construction, by the Department of General Services, shall be first had and obtained. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17298. Source version: id_cf266d61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Before the commencement of any fabrication, construction, or alteration of a relocatable school building of a type previously approved by the Department of General Services, the written approval of the plans, as to the safety and design of construction, by the Department of General Services, shall be first had and obtained. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17299. Source version: id_cf266d63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. In each case the application for approval of the plans shall be accompanied by the plans and full, complete, and accurate specifications, and structural design computations, and estimates of cost, which shall comply in every respect with any and all requirements prescribed by the Department of General Services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17300. Source version: id_22faa0fb-602b-11e7-ba05-857c2c4aa19b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) The application shall be accompanied by a filing fee in amounts as determined by the Department of General Services based on the estimated cost of the work described in subdivision (a) of Section 17280, according to the following schedule: (1) For the first one million dollars ($1,000,000), a fee of 1.25 percent of the estimated cost. (2) For all costs in excess of one million dollars ($1,000,000), a fee of 1 percent of the estimated cost. (b) Notwithstanding paragraphs (1) and (2) of subdivision (a), if, on or after July 1, 2017, the Department of General Services adjusts the fee schedule pursuant to subdivision (a) of Section 17301, the adjusted fee schedule shall be used instead. (c) The minimum fee in any case shall be two hundred fifty dollars ($250). If the actual cost exceeds the estimated cost by more than 5 percent, a further fee shall be paid to the Department of General Services, based on the fee schedule pursuant to subdivision (a) or (b), as applicable, and computed on the amount by which the actual cost exceeds the amount of the estimated cost. (d) The fees determined pursuant to subdivision (a) or (b), as applicable, shall be paid in two installments, as specified by the Department of General Services. The first installment shall be in an amount equal to 70 percent of the estimated cost calculated under subdivision (a) or (b), as applicable, and shall be paid at the time the application is submitted to the department. The second installment shall be in an amount equal to 30 percent of the estimated cost calculated under subdivision (a) or (b), as applicable, and shall be paid no later than five working days after the applicant accepts the bids for construction of the project for which the fees are paid. This subdivision shall become operative January 1, 1994. (e) The fee shall be paid to the Department of General Services, including, but not limited to, a case in which the application is referred under Section 17306 to a qualified plan review firm. (Amended by Stats. 2017, Ch. 19, Sec. 2. (AB 111) Effective June 27, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17301. Source version: id_30bbbf3d-602b-11e7-ba05-857c2c4aa19b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) (1) All fees received by the Department of General Services pursuant to this chapter shall be paid into the State Treasury and credited to the Public School Planning, Design, and Construction Review Revolving Fund, which is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are hereby continuously appropriated for expenditure by the Department of General Services to be applied, in the most efficient and expeditious manner possible, to the expenses associated with the review and approval of plans and specifications, and the supervision of public school building construction, pursuant to this article and Article 5 (commencing with Section 17350). The fees paid into the fund shall not be used for or diverted to any other program or purpose. Notwithstanding any other law, any moneys in the Architecture Public Building Fund on the effective date of this section thereupon shall be transferred to the Public School Planning, Design, and Construction Review Revolving Fund for expenditure in accordance with this section. (2) Adjustments in the amounts of the fees, as determined by the Department of General Services, may be made by the department in order to maintain a reasonable working balance in the fund, provided that the fees shall not exceed the amounts in the fee schedule specified in subdivision (a) of Section 17300 or Section 17352, as applicable. If the working fund balance exceeds six months’ expenditures, the Department of General Services shall take action to reduce the fees. (b) The Department of Finance shall provide for the audit of the fund as needed to ensure that it is used solely for the purposes of this article and that the amount of the fee charged does not exceed what is necessary to cover the costs realized by the Department of General Services in carrying out its responsibilities pursuant to this article. The actual cost of the audit shall be paid from the fund. (Amended by Stats. 2017, Ch. 19, Sec. 3. (AB 111) Effective June 27, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17302. Source version: id_cf27f409-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Except as provided in subdivision (b), all plans, specifications, and estimates shall be prepared by a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code or by a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and the observation of the work of construction shall be under the responsible charge of such an architect or structural engineer. (b) For the purposes of this section, a mechanical or electrical engineer holding a valid certificate under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code may be in responsible charge of preparation of plans, specifications, and estimates, and observation of the work of construction where the work is, as determined by the Department of General Services, of the kind normally performed by engineers certified in the particular branch of engineering for which the engineer is certified. Any architectural or structural work involved shall be the respective responsibility of a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17303. Source version: id_33a1117e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) The Department of General Services shall establish one or more methods to ensure that each application has been completed sufficiently by the applicant to enable the plan review to be performed. (b) Upon receipt of a complete application, the Department of General Services shall inform the applicant of the period of time that it anticipates to elapse prior to commencing review of the applicant’s plans. Within 10 days of being so notified, the applicant shall make an election to either use the Department of General Services for the review of the applicant’s plan or, request that the plan review be performed by one or more qualified plan review firms pursuant to Sections 17305 and 17306. If the applicant elects to use the services of the Department of General Services for review of the applicant’s plan, the department, as it deems necessary to expedite review of the applicant’s plans, in addition to making a good faith effort to hire state employees, shall do one or more of the following: (1) Contract for assistance from one or more qualified plan review firms pursuant to Section 17305. (2) Employ additional staff on a temporary basis. (3) Maximize the use of department staff through the use of overtime or other appropriate means. (4) Any other action determined by the department to have the effect of expediting the review and approval process. (c) Each application shall identify, for purposes of receiving the notifications required under this subdivision, an employee of the applicant school district and either the applicant’s architect or structural engineer. The Department of General Services immediately shall notify that employee, and the identified architect or structural engineer, when each of the following steps in the plan review process occurs: (1) The department requests the applicant’s architect or structural engineer to correct or complete any part of the application. (2) An application number is assigned to the application. (3) Review of the applicant’s plans is commenced. (4) Review of the applicant’s plans is completed and the department returns the plans to the architect or structural engineer for correction. (5) Corrected plans are returned to the department by the applicant’s architect or structural engineer for final review and approval. (6) The department approves the plans and causes a final record set of the plans to be printed in accordance with Section 17304. (d) The Department of General Services may provide additional notifications to applicants as it deems necessary. (Amended by Stats. 2006, Ch. 407, Sec. 1.5. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17304. Source version: id_cf27f40d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Upon approving the plans submitted by an applicant pursuant to this article, the Department of General Services shall cause a final record set of the plans to be printed. The department may contract with one or more private entities to perform that printing at one or more of the regional area offices of the department. The costs incurred pursuant to this subdivision shall be paid by the applicant. (b) No later than five working days after approving plans submitted by an applicant pursuant to this article, the department shall issue a final letter of approval to the applicant. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17305. Source version: id_33ef3180-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Unless the context otherwise requires, the definitions set forth in this section govern the construction of this article. (1) “Prequalified list” means a list of qualified firms established by the Department of General Services to perform specific types of plan review services. (2) “Qualified plan review firm” means an individual, firm, or the building official of a city, a county, or a city and county, as defined in Section 18949.27 of the Health and Safety Code, or the authorized representative of the building official that is identified by the Department of General Services as having appropriate expertise and knowledge of the requirements that apply to school buildings under this article. (b) The department shall establish and maintain a list of qualified plan review firms, and shall make that list available, upon request, to school districts and other interested parties. (c) Notwithstanding Section 14952 of the Government Code, the Department of General Services shall contract with sufficient numbers of qualified plan review firms for assistance in performing the plan review required under the Field Act. (d) At the discretion of the Department of General Services, contracts for a qualified plan review firm made pursuant to this article may be advertised and awarded in accordance with this section. (e) (1) The Department of General Services may establish prequalified lists of qualified firms in accordance with this subdivision. (2) (A) For each type of plan review for which the department elects to use the process established by this section for advertising and awarding contracts, the Department of General Services may request statements of qualifications from interested firms. (B) The request for statements of qualifications shall be announced statewide through the California State Contracts Register and publications of relevant professional societies. (C) Each announcement shall describe the general scope of services to be provided within each generic project category for plan review services that the Department of General Services anticipates may be awarded during the period covered by the announcement. For the purposes of this section, a generic project category shall be defined in a manner that each specific project to be awarded within that discipline meets all of the following requirements: (i) The project is substantially similar to all other projects within that discipline. (ii) The project is within the same size range and geographical area. (iii) The project requires substantially similar skills and magnitude of professional effort as compared to every other project within that discipline. (3) The Department of General Services shall evaluate the statements of qualifications, and develop a list of qualified plan review firms that meet the criteria established and published by the Department of General Services. Interviews may be held to determine a plan review firm’s qualifications. Lists of qualified plan review firms shall be maintained by the Department of General Services for not more than four years. (4) During the term of a prequalified list, as specific projects are identified by the Department of General Services as being eligible for contracting, the Department of General Services shall contact a firm on the prequalified list, on a rotational basis, for both of the following purposes: (A) To distribute the work in a fair and equitable manner. (B) To determine that the firm has sufficient staff and is available for performance of the project. (5) If the contacted firm is not available, the Department of General Services shall continue to contact firms on the prequalified list, on a rotational basis, until an available firm is identified. (6) The Department of General Services shall negotiate a contract for the services with the identified firm, including a price and timeframe that it determines is fair and reasonable. (7) If the identified plan review firm is unable to negotiate a satisfactory contract with the Department of General Services, the department shall terminate negotiations, and shall undertake new negotiations, on a rotational basis, with the next firm available for performance from the prequalified list until a successful negotiation is achieved. If the Department of General Services is unable to negotiate a satisfactory contract with a firm on two separate occasions, that firm may be removed from the prequalified list. (f) Contracts for plan review services that the Department of General Services elects to advertise and award in accordance with this section are not subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Amended by Stats. 2006, Ch. 407, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17306. Source version: id_cf27f411-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Upon submitting a complete application for review under this article, the applicant may request that the Department of General Services refer the documents necessary for the review of that application to a qualified plan review firm operating under contract with the department pursuant to Section 17305. The department immediately shall grant the request and refer the necessary documents to a qualified plan review firm if the applicant so requests. Upon completing the review, the qualified plan review firm shall submit the documents referred to it for the review of the application, together with the results of its review, to the Department of General Services. (b) The Department of General Services shall establish a procedure governing the use by applicants of the review process alternative described in this section, including, but not limited to, provisions restricting the use of qualified plan review firms on the basis of conflict of interest. (Amended by Stats. 1998, Ch. 407, Sec. 11. Effective August 27, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17307. Source version: id_cf297ab3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. No contract for the construction or alteration of any school building, made or executed by the governing board of any school district or other public board, body, or officer otherwise vested with authority to make or execute a contract, is valid, and no public money shall be paid for any work done under a contract or for any labor or materials furnished in constructing or altering any building, unless the plans, specifications, and estimates comply in every particular with the provisions of this article and the requirements prescribed by the Department of General Services and unless the approval thereof in writing has first been had and obtained from the Department of General Services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17307.5. Source version: id_98f047ac-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Notwithstanding any provision of law to the contrary, including, but not limited to, Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, the Department of General Services may issue a stop work order when construction work on a public school is not being performed in accordance with existing law and would compromise the structural integrity of the building, thereby endangering the public safety. The Department of General Services shall allow construction of incidental and minor nonstructural additions or nonstructural alterations without invoking its stop work authority. (b) A school district, county superintendent of schools, county board of education, or other public board, body, or officer whose construction work on a public school is subject to a stop work order issued pursuant to subdivision (a) shall not be held liable in any action filed against the public board, body, or officer for stopping work as required by the stop work order, or for any delays caused by compliance with the stop work order, except to the extent that an error or omission by the public board, body, or officer is the basis for the issuance of the stop work order. (Amended by Stats. 2010, Ch. 697, Sec. 27. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17308. Source version: id_cf297ab7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) The Legislature finds and declares that a number of serious discrepancies in the interpretation of the structural standards and architectural barrier requirements that apply to school buildings under this chapter, and of the plan review procedures that apply under this chapter, exist within the Department of General Services, and within and between various firms utilized by the department on a contract basis, applicant school districts, and architects and structural engineers utilized by applicant school districts. (b) The Department of General Services shall provide training, on an ongoing basis, to its employees and to the employees of architectural and structural engineering firms that contract with the department for the purposes of this chapter. The training shall address all phases of the plan review process established under this chapter, and shall be designed to ensure that all individuals who develop and review school building plans obtain sufficient knowledge of the rules, regulations, and standards that apply under this chapter. (c) The department shall make the training described in subdivision (b) available to the employees of architectural and structural engineering firms that contract with applicant school districts for the purpose of this chapter, and to any other individuals, firms, and government agencies that are involved in school building design, construction, or inspection and that may benefit from the training. The department may charge a fee for training provided pursuant to this subdivision. (d) The department shall develop and publish interpretations of the structural standards, architectural barrier requirements, and review procedures referred to in subdivision (a) as may be necessary to remedy the interpretational discrepancies described in that subdivision. These interpretational materials shall be updated at least annually. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17309. Source version: id_cf297ab9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. From time to time, as the work of construction or alteration progresses and whenever the Department of General Services requires, the licensed architect or structural engineer in charge of observation of construction or registered engineer in charge of observation of other work, the inspector on the work, and the contractor shall each make to the Department of General Services a report, duly verified by him or her, upon a form prescribed by the Department of General Services, based upon his or her own personal knowledge, indicating that the work during the period covered by the report has been performed and materials have been used and installed, in every material respect, in compliance with the approved plans and specifications, setting forth such detailed statements of fact as are required by the Department of General Services. The term “personal knowledge” as used in this section and as applied to the architect, and the registered engineer, means the personal knowledge which is obtained from periodic visits to the project site of reasonable frequency for the purpose of general observation of the work, and also which is obtained from the reporting of others as to the progress of the work, testing of materials, inspection and superintendence of the work that is performed between the above-mentioned periodic visits of the architect or the registered engineer. The exercise of reasonable diligence to obtain the facts is required. The term “personal knowledge” as applied to the inspector means the actual personal knowledge which is obtained from his or her personal continuous inspection of the work of construction in all stages of its progress at the site where he is responsible for inspection and, when work is carried out away from the site, that personal knowledge which is obtained from the reporting of others on the testing or inspection of materials and workmanship for compliance with plans, specifications or applicable standards. The exercise of reasonable diligence to obtain the facts is required. The term “personal knowledge” as applied to the contractor means the personal knowledge which is obtained from the construction of the building. The exercise of reasonable diligence to obtain the facts is required. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17310. Source version: id_cf2b015b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Except as provided in Section 18930 of the Health and Safety Code, the Department of General Services may from time to time make such rules and regulations as it deems necessary, proper, or suitable to carry out the provisions of this article. The Department of General Services shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code for the purposes described in this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17311. Source version: id_9fd35315-fcca-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) The Department of General Services shall make the inspection of the school buildings and of the work of construction or alteration as in its judgment is necessary or proper for the enforcement of this article and the protection of the safety of the pupils, the teachers, and the public. The school district, city, city and county, or the political subdivision within the jurisdiction of which any school building is constructed or altered shall provide for and require competent, adequate, and continuous inspection during the construction or alteration by an inspector satisfactory to the architect or structural engineer and the Department of General Services. The inspector shall act under the direction of the governing board and architect or structural engineer as the board may direct. The inspector shall be responsible to the governing board for employment purposes. The inspector shall be responsible to the Department of General Services for enforcement of the plans and specifications of the school project. (b) In order to ensure the competency and adequacy of the inspectors required under this article, the Department of General Services shall do all of the following: (1) Revise the examination used to determine the competency of those who provide inspections pursuant to this article. The revision of the examination shall include techniques of inspection, construction, plan reading, required submittal documents, and knowledge of statutes and regulations that apply to school construction. The revision of the examination shall be done not later than 36 months after the last revision. (2) Provide training on an ongoing basis to all individuals who provide the inspections required under this article. The training shall be designed to ensure that all individuals who provide the continuous inspection of school building construction or alteration have sufficient knowledge of the rules, regulations, and standards that apply under this article. (3) Require evaluation of the competency of those who provide inspections pursuant to this article. After an initial evaluation, a reevaluation shall occur not later than 48 months after the last evaluation or reevaluation. An evaluation or reevaluation shall include meeting education and training requirements, as specified by the Department of General Services. (c) The Department of General Services may require a fee from all individuals applying for evaluation or reevaluation pursuant to subdivision (b), and a fee for the examination administered in the evaluation or reevaluation. The fees shall not exceed the reasonable costs associated with the development and administration of the examination and the training. (Amended by Stats. 2018, Ch. 197, Sec. 1. (AB 3058) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17312. Source version: id_cf2b015f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Any person who violates any of the provisions of this article or makes any false statement in any verified report or affidavit required pursuant to this article is guilty of a felony. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17313. Source version: id_cf2b0161-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Upon written request by the governing board of any school district or upon written request by at least 10 percent of the parents having children enrolled as pupils in any school district as certified to by the county superintendent of schools, the Department of General Services shall make an examination and report on the structural condition of any public school building of the district, subject to the payment by the governing board of the actual expenses incurred by the Department of General Services. Payment of the expenses may be waived by the Department of General Services on recommendation of the State Superintendent of Public Instruction when it appears to him or her that the school district in which the public school building is located cannot afford to pay them. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17314. Source version: id_cf2b0163-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. Any public school building which has been approved by the Department of General Services (formerly Division of Architecture) for occupancy shall be deemed to meet the local building requirements for use as a private school. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17315. Source version: id_cf2b0165-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) When a school building constructed in accordance with plans and specifications approved by the Department of General Services is completed, the notice of completion is filed, and all final verified reports and all testing and inspection documents, as required by this article or as required by the rules and regulations adopted pursuant to this article, are submitted to and on file with the Department of General Services, and all required fees paid by the school district, the department shall issue a certification that the school building complies with the requirements of this article. Nothing in this article shall prevent beneficial occupancy by a school district prior to the issuance of this certification. (b) When a school building, constructed in accordance with approved plans and specifications, is completed but final verified reports, as are required under Section 39151, have not been submitted to the Department of General Services due to the incapacitating illness, death, or the default of any persons required to file such reports, the Department of General Services shall, upon written request of the school district, review all of the project records and make such examinations as it deems necessary to enable it to certify that the school building otherwise complies with the requirements of this article. The Department of General Services may request the school district to have made, reported, and verified any other tests and inspections which the department deems necessary to complete its examinations of the construction. (c) The costs incurred by the Department of General Services in connection with this section shall be paid by the school district. The actual costs to perform the examinations, tests, and inspections shall be an appropriate cost of the project to be paid from the building funds of the district. Certification of the project by the Department of General Services shall be withheld until all the costs have been paid by the school district. (d) This section shall not relieve any individual of his or her responsibility to file verified reports, as required in Section 17309, or any other documents required by the rules and regulations adopted pursuant to this article. This section shall not abrogate the provisions of Section 17312. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17316. Source version: id_04dc72d9-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) Any contract entered into by and between the governing board of any school district and any certified architect or structural engineer pursuant to Section 17302 shall provide that all plans, including, but not limited to, record drawings, specifications, and estimates prepared pursuant thereto, shall be and remain the property of the school district for the purposes of repair, maintenance, renovation, modernization, or other purposes, only as they relate to the project for which the certified architect or structural engineer was retained. This subdivision does not preclude the school district from using the plans, record drawings, specifications, or estimates related to the project for the purposes of additions, alignments, or other development on the site. (b) The contract set forth in subdivision (a) does not transfer or waive the certified architect’s or structural engineer’s copyrights over these documents, including, but not limited to, all common law, statutory, and other reserved rights, unless the certified architect or structural engineer expressly transfers or waives these rights through the written contract, including, but not limited to, a written addendum or amendment. (c) Notwithstanding subdivision (a), if the school district proposes to reuse the plans prepared by the certified architect or structural engineer within the school district, the contract entered into between the school district and the certified architect or structural engineer shall specify the terms and conditions for the reuse. If a school district reuses the plans prepared by the certified architect or structural engineer and retains another certified architect or structural engineer for the preparation of those plans for the reuse, the school district shall indemnify and hold harmless the original certified architect or structural engineer, and their consultants, agents, and employees, from and against any claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from, in whole or in part, the reuse. (Amended by Stats. 2005, Ch. 28, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3. Approvals [17280 - 17317] SECTION 17317. Source version: id_cf2c8809-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3. (a) The Department of General Services shall, in consultation with the Seismic Safety Commission, conduct an inventory of public school buildings that are concrete tilt-up school buildings and school buildings with nonwood frame walls that do not meet the minimum requirements of the 1976 Uniform Building Code. Priority shall be given to the school buildings identified in the act that added this section that are in the highest seismic risk zones in accordance with the seismic hazard maps of the Division of Mines and Geology of the Department of Conservation. (b) The Department of General Services shall submit a report by December 31, 2001, to the Legislature and the Governor that summarizes the findings of the seismic safety inventory and makes recommendations about future actions that should be taken to address the problems found by the seismic safety inventory. The report shall not identify individual schoolsites on which inventoried school buildings are located. (Amended by Stats. 2001, Ch. 159, Sec. 57. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.3. Collaborative Process for Project Development and Review [17319- 17319.] SECTION 17319. Source version: id_3e8ededf-602b-11e7-ba05-857c2c4aa19b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.3. (a) The Legislature finds and declares all of the following: (1) The purpose of the collaborative process for project development and review is to ensure the public safety of school facilities through a collaborative, consistent, and timely project development and review process. (2) The collaborative process for project development and review may be made available, as an alternative to the traditional plan review and approval process, to school districts that voluntarily apply to the Department of General Services. (3) This process entails the early participation of all parties involved in a project from project development and continuing through plan review, construction, and certification of school facilities projects. These parties include the Department of General Services’ staff and their qualified plan review firms, and school districts and their design professionals. (b) The Department of General Services, in consultation with the Office of Public School Construction, shall establish procedures and requirements governing the use of the collaborative process for project development and review alternative. These procedures and requirements shall include an application and selection process. Upon project selection, the Department of General Services and the school district shall mutually agree to the roles and responsibilities of the Department of General Services, the applicant school district, and its design professionals. (c) As a part of the establishment of the requirements for the collaborative process for project development and review, the Department of General Services, in consultation with participating school districts, shall establish mutually determined timeframe goals for a project’s plan review, school district and consultant response, response review, and final approval. Those timeframe goals shall reflect the project’s estimated construction cost, complexity, size, and other requirements of the collaborative process for project development and review. (d) The Department of General Services shall establish model statewide timeframe goals, in consultation with school districts and other relevant parties, by February 1, 2007. Implementation of the collaborative process for project development and review with participating school districts shall not negatively impact the traditional plan review process with other school districts. (e) The Department of General Services shall submit a preliminary report to the Legislature by July 1, 2008, and a final report by July 1, 2009. These reports shall address whether the implementation of the collaborative process for project development and review has assisted the department and school districts in meeting their mutually determined timeframe goals. (f) The application for the collaborative process for project development and review shall be accompanied by a filing fee from the school district in amounts determined by the Department of General Services based on the estimated project cost and according to the fee schedule pursuant to Section 17300. The Department of General Services may establish a procedure for the payment and collection of this filing fee. (g) The Department of General Services may assess a fee on a participating school district to cover the unreimbursed costs of the department incurred pursuant to that school district’s participation in the collaborative process if the department deems the assessment of the fee to be necessary for the support of its operations and establishes a procedure for the determination, collection, and deposit of the fee. (h) During project development, the school district may provide input to the Department of General Services in its selection of a qualified plan review firm to provide consultative services to that department. Upon project submittal by the applicant school district, the Department of General Services shall also refer the necessary project documents to the selected qualified plan review firm for plan review. The Department of General Services shall establish procedures governing the use of this article by applicant school districts for the selection of a qualified plan review firm. (Amended by Stats. 2017, Ch. 19, Sec. 4. (AB 111) Effective June 27, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17320. Source version: id_cf2c880d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. This article shall be known and may be cited as the Private Schools Building Safety Act of 1986. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17321. Source version: id_cf2e0eaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. The Legislature finds and declares all of the following: (a) Most of California is subject to potentially devastating, large-magnitude earthquakes. (b) Earth scientists estimate that there is a greater than 50-percent probability that one or more damaging earthquakes will occur in California between now and the end of the century. (c) Not all students of private schools enjoy the same or equivalent earthquake safety as is afforded to students of public schools by the Field Act and other legislation. (d) Modifications of building design, plan checking, and inspection procedures can offer increased protection to private school students. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17322. Source version: id_cf2e0eb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. It is the intent of the Legislature that children attending private schools be afforded life safety protection similar to that of children attending public schools by having all of the following: (a) Private school structures designed and constructed in a manner that minimizes fire hazards and resists the forces generated by earthquakes, gravity, and winds to the extent necessary to ensure the safety of occupants. (b) The structural systems and details set forth in working drawings and specifications carefully reviewed by responsible enforcement agencies using qualified personnel, and the construction process carefully inspected. (c) Procedures for the design and construction of private school structures to be subjected to qualified design review and construction inspection. (d) Nonstructural components, including, but not limited to, ceiling systems, electrical equipment, and mechanical equipment given adequate consideration during the design and construction process to assure that they will not detract from occupant safety in the event of an earthquake. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17323. Source version: id_cf2e0eb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. For the purposes of this article: (a) “Construction or alteration” means any construction of, addition to, reconstruction of, or structural alteration to any private school structure. (b) “Enforcement agency” means the agency of a city, city and county, or county responsible for building safety within its jurisdiction. (c) “Private school structure” means any building used for educational purposes through the 12th grade by 50 or more persons for more than 12 hours per week or 4 hours in any one day. Any structure owned or operated by a public school district shall not be affected by this article. (d) “Structural engineer” means a person authorized to use the title of structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (e) “Engineer of record” means the architect, if no structural engineer or civil engineer has been retained for the structural design. (f) “Electrical engineer” means an electrical engineer, as defined in Section 6702.1 of Chapter 7 of Division 3 of the Business and Professions Code. (g) “Mechanical engineer” means a mechanical engineer, as defined in Section 6702.2 of Chapter 7 of Division 3 of the Business and Professions Code. (h) “Qualified inspector” means a person who is currently certified by the International Conference of Building Officials or who has demonstrated his or her competence to the satisfaction of the enforcement agency as having expertise and experience in the particular type of construction or operation requiring inspection. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17324. Source version: id_cf2e0eb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. The appropriate enforcement agency that meets the requirements of Sections 17331 and 17332 shall review the design and inspect the construction, reconstruction, structural alteration, or addition to any private school structure to the extent necessary to ensure that drawings and specifications comply with the applicable sections of the Uniform Building Code and to ensure that construction work has been performed in accordance with the approved drawings and specifications, and the provisions of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17325. Source version: id_cf2f9557-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. Private school structures of one-story Type V and Type II N construction, as defined by the Uniform Building Code, that are 2,000 square feet or less in floor area are exempt from the provisions of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17326. Source version: id_cf2f9559-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. (a) Prior to adopting any drawings or specifications for the private school structure, the governing board, authority, owner, corporation, or other agency proposing to construct any private school structure shall submit the design calculations, drawings, and specifications of the private school structure to the appropriate enforcement agency. The enforcement agency shall stamp the drawings and specifications if the construction or alteration is approved by the enforcement agency. Included with the stamp shall be the signature of the qualified person referred to in Sections 17333 and 17334. (b) The provisions of this section are not applicable to private school construction or alteration contracts entered into prior to July 1, 1987. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17327. Source version: id_cf2f955b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. The application for approval of the drawings and specifications for private school structures shall be accompanied by comprehensive and complete drawings, design calculations, specifications, and a soil analysis at a level of detail appropriate to the proposed structure and site, all of which shall comply with the requirements prescribed by the enforcement agency. This review shall not preclude incremental submission and approval of drawings and specifications. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17328. Source version: id_cf2f955d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. The enforcement agency shall approve or reject all drawings and specifications for the construction or alteration of private school structures and in doing so shall review the submitted design calculations, drawings, and specifications to ensure compliance with the requirements of this article. A record shall be kept by the enforcement agency indicating that design calculations, drawings, and specifications have been reviewed and conform with the applicable sections of the Uniform Building Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17329. Source version: id_cf2f955f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. All drawings and specifications shall be prepared under the responsible charge of an architect, civil engineer, or structural engineer, who shall sign all drawings and specifications that are to be approved by the enforcement agency. Observation of the work of construction shall be under the general responsible charge, as defined by Section 6703 of Chapter 7 of Division 3 of the Business and Professions Code, of the architect, civil engineer, or structural engineer who signed the drawings, except that drawings and specifications not involving architectural or structural conditions may be prepared and the construction work may be administered by a registered professional engineer qualified in the branch of engineering that is appropriate to the drawings, specifications, estimates, and construction work. If the architect, civil engineer, or structural engineer is unable to exercise general responsible charge of construction another architect, civil engineer, or structural engineer shall be retained to exercise general responsible charge of construction. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17330. Source version: id_cf41e4e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. Except as provided in Section 17326, on or after July 1, 1987, construction of a private school structure shall not commence unless the structure’s drawings and specifications comply with the provisions of this article and the requirements prescribed by the enforcement agency, and approval of those drawings and specifications has been obtained from the enforcement agency. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17331. Source version: id_cf41e4e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. During construction or alteration of a private school structure, the building owner shall provide for, and the local enforcement agency shall require, special inspection by a qualified inspector when needed, as determined by the local enforcement agency. Continuous inspection is not required. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17332. Source version: id_cf41e4e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. An enforcement agency is qualified to undertake the review of plans, drawings, and specifications for a private school structure if the enforcement agency has a structural engineer, either on its staff or under contract, that is responsible for all design review conducted by the enforcement agency and the record prepared under Section 17328. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17333. Source version: id_cf41e4e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. A jurisdiction whose enforcement agency does not meet the qualifications specified in Sections 17331 and 17332 shall obtain necessary qualified personnel to meet the requirements of this article by contracting with other public agencies, private sector firms, or individuals qualified to perform the necessary services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17334. Source version: id_d851c4eb-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. During the construction of a private school structure, the enforcement agency shall require the engineer of record responsible for the structural design, or that engineer’s authorized representative, to make periodic reviews of construction at the construction site to observe compliance with the approved structural plans, specifications, and change orders. The engineer of record in general responsible charge of the work of construction, and the registered professional engineer, shall make a report, duly verified by him or her through periodic review of construction, showing that the work done during the period covered by the report has been performed and that the materials used and installed are in accordance with the approved drawings and specifications. Any detailed statements of fact required by the enforcement agency shall be included. These observations and statements shall not be relied upon by others as acceptance of the work, nor shall they be construed to relieve the contractor in any way of his or her obligations and responsibilities under the construction contract. “Periodic review of construction,” as used in this section and as applied to the architect, civil engineer, structural engineer, or the registered professional engineer, means the knowledge that is obtained from periodic visits of reasonable frequency to the project site for the purpose of general observation of the work. It also means the knowledge that is obtained from the reporting of others as to the progress of the work, testing of materials, inspection, and superintendence of the work that is performed between those periodic visits of the architect, civil engineer, or structural engineer, or the registered engineer. The exercise of reasonable diligence to obtain the facts is required. “Periodic review of construction” does not include responsibility for superintendence of construction processes, site conditions, operations, equipment, personnel, or maintenance of a safe place to work or any safety in, on, or about the site of work. (Amended by Stats. 2004, Ch. 183, Sec. 57. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17335. Source version: id_cf41e4eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. Prior to the issuance of a Certificate of Occupancy, the engineer of record shall state in writing to the enforcement agency that, in exercising his or her reasonable professional judgment and to the best of his or her knowledge, information, and belief, the private school structure was constructed in substantial conformity with the approved plans and specifications. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] SECTION 17336. Source version: id_cf41e4ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=3.5. Any person who willfully violates this chapter is guilty of a misdemeanor. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 4. Building Schoolhouses [17340 - 17343] SECTION 17340. Source version: id_cf436b91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=4. The governing board of any school district may, and when directed by a vote of the district shall, build and maintain a schoolhouse. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 4. Building Schoolhouses [17340 - 17343] SECTION 17342. Source version: id_cf436b93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=4. The governing board of any school district, whenever in its judgment it is desirable to do so, may establish additional schools in the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 4. Building Schoolhouses [17340 - 17343] SECTION 17343. Source version: id_cf436b95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=4. The governing board of any school district may purchase property and construct and equip buildings in an area after the legal action has been taken that will result in annexation of the area to the school district, but before the annexation has become effective. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17350. Source version: id_cf436b99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. It is the intent of this article to provide an alternative procedure to Article 3 (commencing with Section 17280) for the construction and installation of factory-built school buildings not over 1,000 square feet in area designed or intended for use as school buildings. As used in this article, a “factory-built building” means any building designed or intended for use as a school building which is either wholly manufactured or is in substantial part manufactured at an offsite location in accordance with building standards adopted and approved pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code and other regulations adopted by the Department of General Services, to be assembled or erected on a schoolsite. Any such building purchased or leased by a school district shall be deemed to be the construction or alteration of a school building as those terms are used in Article 2 (commencing with Section 17260) and Article 3 (commencing with Section 17280) of this chapter, and all of the provisions of each of those articles, not inconsistent with the provisions of this article, shall apply with respect to factory-built buildings designed or intended for use as school buildings. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17351. Source version: id_cf436b9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. Except as provided in Section 18930 of the Health and Safety Code, the Department of General Services shall adopt regulations for the safety of design and construction of factory-built buildings for use as school buildings, and shall prescribe procedures for the plans, specifications, methods of construction, and estimates of cost of a factory-built school building to be submitted to the department for approval as provided in Section 17352. Except as provided in Section 18930 of the Health and Safety Code, such regulations shall comply with but not be limited by the provisions of Article 2 (commencing with Section 17260) and Article 3 (commencing with Section 17280) of this chapter. The Department of General Services shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code for the purposes described in this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17352. Source version: id_cf44f23d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. A manufacturer of factory-built buildings designed or intended for use as school buildings shall submit to the Department of General Services and the State Department of Education for approval, its plans, specifications, methods of construction, and estimates of cost of such buildings. At the same time the manufacturer shall pay to the Department of General Services a deposit to be applied toward the actual expenses in an amount as determined by the Department of General Services based on the estimated cost of such factory-built buildings, but not exceeding 0.5 percent of such estimated cost. The minimum deposit in any case shall be fifty dollars ($50). The manufacturer shall reimburse the Department of General Services and the State Department of Education for the actual expenses incurred by those departments in the review of such plans and specifications. All fees received by the Department of General Services pursuant to this article are subject to the provisions of Section 17301. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17353. Source version: id_cf44f23f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. All plans, specifications and estimates shall be prepared by a certified architect holding a valid license under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code or by a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and the supervision of the work of construction in the factory shall be under the responsible charge of such an architect or structural engineer. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17354. Source version: id_cf4678e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. The Department of General Services, in accordance with standards and procedures adopted pursuant to Section 17351, and as such standards and procedures may thereafter be modified, shall either approve or reject such plans, specifications, and methods of construction. Approval shall not be given unless such plans, specifications, and methods of construction are in accordance with standards adopted by the department pursuant to Section 17351. The department may establish procedures for the inspection of the facilities and manufacturing processes of a manufacturer to determine the manufacturer’s ability to produce factory-built school buildings in accordance with the plans, specifications, and methods of construction which the manufacturer has submitted to the department. The Department of General Services shall notify the State Department of Education of its approval of a manufacturer’s plans, specifications, and methods of construction of a factory-built school building. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17355. Source version: id_cf4678e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. The Department of General Services shall provide for competent, adequate, and continuous inspection during construction in the factory to insure that all work has been performed and materials used and installed, in every particular, in accordance with the approved plans and specifications. The manufacturer shall reimburse the department for the costs incurred for such inspection as determined by the department. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17356. Source version: id_cf4678e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. From time to time, as the work of construction in the factory progresses and whenever the Department of General Services requires, the certified architect or structural engineer in responsible charge of the supervision of the work of construction in the factory, the inspector on the work, and the manufacturer shall each make to the Department of General Services a report, duly verified by him or her, upon a form prescribed by the Department of General Services, showing, of his or her own personal knowledge, that the work during the period covered by the report has been performed, and materials used and installed, in every particular, in accordance with the approved plans and specification, setting forth such detailed statements of fact as are required by the Department of General Services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17357. Source version: id_cf4678e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. Upon the Department of General Services’ approval of a manufacturer’s plans, specifications, and methods of construction of a factory-built school building, a school district, whenever it is otherwise required by any of the provisions of Article 2 (commencing with Section 17260), or Article 3 (commencing with Section 17280) of this chapter to submit to the Department of General Services or to the State Department of Education the plans and specifications for the construction of a school building may, instead, include in its application for approval to each of such departments a notification that it intends to utilize such factory-built school building. The plans and specifications for the factory-built building to be utilized shall be submitted with the application and notification for identification purposes. Before granting its approval for the use of such buildings, the Department of General Services shall insure that the plans, specifications, and methods of construction of the buildings have been approved and are in accordance with standards adopted by the department pursuant to Section 17351 which are in effect at the time the application for approval is passed upon by the department. Whenever a school district complies with the alternative procedure prescribed by this section it shall not be required to pay the filing fee prescribed by Sections 17267 and 17300, except that a fee shall be charged for onsite work pursuant to Section 17358. If the submitted plans and specifications have not been previously approved the application shall be rejected. In such case a new application together with required documents shall be filed for approval of plans and specifications by either the manufacturer pursuant to the provisions of Section 17352 or by the school district pursuant to the provisions of Article 3 (commencing with Section 17280) of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17358. Source version: id_cf4678e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. Whenever a school district has contracted for the purchase or lease of a factory-built school building and where such building is to be supported by foundations, underpinning, pedestals, or similar type elements which extend more than 18 inches above natural grade at any point, or on temporary blocks or jacks of any height, all the provisions of Article 3 (commencing with Section 17280) of this chapter shall apply to the design and construction of onsite work except that, for fee purposes, only the estimated cost of onsite work need be considered. The minimum amount in any case shall be fifty dollars ($50). (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17359. Source version: id_cf4678eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. The provisions of Sections 17266, 17268, 17300, 17302, and 17309 shall not apply with respect to the manufacture, sale, or lease of factory-built school buildings if this article is otherwise complied with. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 5. Factory-Built School Buildings [17350 - 17360] SECTION 17360. Source version: id_d8da7ced-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=5. Sections 17297, 17302, 17307, 17309, and 17311 shall not apply with respect to the design and construction of onsite work except where required by Section 17358. (Amended by Stats. 2004, Ch. 183, Sec. 58. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17365. Source version: id_cf47ff91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. The Legislature finds and declares as follows: (a) By an urgency act (Stats. 1933, Ch. 59), the Legislature at the 1933 General Session established reasonable minimum standards for the design and construction of new school buildings, as now defined in Section 17283. Although it was not required that then existing school buildings incorporate these standards, it was intended by the Legislature that in the intervening years continuous progress would be made in the repair, reconstruction or replacement of such school buildings. (b) Progress toward this end has been outstanding since 1971 as a result of state funds being made available for rehabilitating or replacing structurally unsafe school facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17366. Source version: id_cf47ff93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. It is the intent of the Legislature to reexamine the progress under this article from time to time. To enable it to do so, and to expedite the provision of safe educational facilities for California schoolchildren, the Legislature intends that the governing board of each school district adopt a plan for the orderly repair, reconstruction, or replacement of school buildings not repaired, reconstructed, or replaced in accordance with this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17367. Source version: id_cf47ff95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. The governing board of any school district which has in use for school purposes any school buildings which were not constructed under approved plans and the supervision and inspection requirements of Article 3 (commencing with Section 17280) of this chapter shall have such buildings examined pursuant to this section and shall have completed on or before January 1, 1970, the examination, reporting and estimate requirements of this section and Section 39223. Whenever an examination of the structural condition of any school building of a school district has been made by the Department of General Services, or by any licensed structural engineer or licensed architect for the governing board of the school district, or under the authorization of law, and a report of the examination, including the findings and recommendations of the agency or person making the examination, has been made to the governing board of the district, and the report shows that the building is unsafe for use, the governing board of the district shall immediately have prepared an estimate of the cost necessary to make such repairs to the building or buildings as are necessary, or, if necessary, to reconstruct or replace the building so that the building when repaired or reconstructed, or any building erected to replace it, shall meet such standards of structural safety as are established in accordance with law. The estimate shall be based on current costs and may include other costs to reflect modern educational needs. Also an estimate of the cost of replacement based on the standards established by the State Allocation Board for area per pupil and cost per square foot, shall be made and reported. The report required by this section shall include a statement that each of the buildings examined is safe or unsafe for school use. For the purpose of this statement the sole consideration shall be protection of life and the prevention of personal injury at a level of safety equivalent to that established by Article 3 (commencing with Section 17280) of this chapter and the rules and regulations adopted thereunder, disregarding, insofar as possible, such building damage not jeopardizing life which would be expected from one disturbance of nature of the intensity used for design purposes in said rules and regulations. The governing board, utilizing the information acquired from the examination and report developed pursuant to this section, shall establish a system of priorities for the repair, reconstruction, or replacement of unsafe school buildings. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17368. Source version: id_cf47ff97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. “School building” as used in this article shall be limited to any physical structure capable of being occupied by pupils, but shall exclude, (a) any bleacher or grandstand with less than six rows of seats, (b) any building which is used exclusively for warehouse, storage, garage, or districtwide administrative office purposes, into which pupils are not required to enter, and buildings utilized by adult schools for off-campus, voluntary adult education courses or registered apprentice courses, (c) any swimming pool, or (d) any yard or lighting poles or flagpoles or playground equipment which does not exceed 35 feet in height. “School building” as used in this article excludes any building owned or occupied by a unified school district, high school district, or a county superintendent of schools which is used exclusively for adult education purposes. If any building so excluded was not constructed in accordance with Article 3 (commencing with Section 17280) of this chapter and was not repaired, reconstructed, or replaced in accordance with this article, there shall be posted in a conspicuous place on such building a public notice stating that such building does not meet the structural standards imposed by law for earthquake safety. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17369. Source version: id_cf47ff99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. “School building” as used in this article excludes any building operated by an official or board of a public entity for purposes other than educational, notwithstanding any educational use thereof incidental to the other primary purpose. For purposes of this section, a public entity includes, but is not limited to, a city, city and county, county, or special district, but does not include a school district or county superintendent of schools. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17370. Source version: id_cf49863b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. Except as provided in Section 17371, nothing in this article shall be construed as relieving any member of the governing board of a school district of any liability for injury to persons or damage to property imposed by law. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17371. Source version: id_cf49863d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. No member of the governing board of a school district shall be held personally liable for injury to persons or damage to property resulting from the fact that a school building was not constructed under the requirements of Article 3 (commencing with Section 17280) of this chapter, if such governing board complies with the provisions of this article. Such limit on liability shall commence when such governing board initiates action to comply with the provisions of Section 17367. A licensed structural engineer or licensed architect employed by a governing board to examine any school building under this article shall not be held personally liable for injury to persons or damage to property as a result of the structural inadequacy and failure of a building, provided he or she has exercised normal professional diligence in carrying out his or her functions under Article 3 (commencing with Section 39140) of this chapter and the provisions of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17372. Source version: id_cf49863f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. No school building examined and found to be unsafe for school use pursuant to Section 17367 and not repaired or reconstructed in accordance with the provisions of this article, and no school building which has never met the requirements of Article 3 (commencing with Section 17280) of this chapter, shall be used as a school building for elementary or secondary school purposes after June 30, 1975, unless the governing board of the school district has requested and obtained from the State Allocation Board authority for use of the building for a specific period beyond that date. Prior to requesting this authority, the governing board shall adopt a resolution declaring the board’s intention to utilize the building as a school building after June 30, 1975, pending its repair, reconstruction, or replacement. The State Allocation Board shall not authorize any school district to use a building beyond June 30, 1975, unless it has first determined that the school district has already proceeded with a plan of total repair, reconstruction, or replacement in a timely manner and a contract has been let for any phase of, and work commenced on, the project. In no event shall the State Allocation Board authorize the use of any unsafe facilities for a period extending beyond the completion of the replacement facilities or beyond June 30, 1977, whichever occurs first. For purposes of this section, “school building” does not include any portable building. Portable buildings may be used beyond June 30, 1975 to meet temporary housing needs until all repair, reconstruction or replacement of all district school buildings is complete or until June 30, 1977, whichever occurs first, provided that the governing board of the district has requested and obtained from the State Allocation Board authority for use of such portable buildings. The State Allocation Board may grant this authority only to those districts in which 20 percent or more of the schools are subject to partial or complete reconstruction pursuant to Section 17367. Any portable buildings for which authority is granted for temporary use pursuant to this section shall not be subject to Article 3 (commencing with Section 17280) or Article 6 (commencing with Section 17365) of this chapter during the period of the authorized use. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17373. Source version: id_cf4b0ce1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. Notwithstanding any other provision of this article or Article 9 (commencing with Section 16310) of Chapter 6 of Part 10, whenever a school district does not have funds available to repair, reconstruct, or replace the school buildings referred to in this article or Section 16320, the school district shall apply for any funds that may be necessary to accomplish the repair, reconstruction, or replacement pursuant to Article 9. The school district shall also accept any funds that are disbursed to the district pursuant to Article 9, whether or not the funds constitute the maximum amount applied for, and shall repay the funds in accordance with Article 9. In cases in which funds derived from a tax increase levied pursuant to Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1977, or Section 39230.5, as enacted by Section 2 of Chapter 1010 of the Statutes of 1976, are utilized to match amounts disbursed to a school district under an apportionment made pursuant to Article 9 (commencing with Section 16310) of Chapter 6 of Part 10, the disbursement and repayment may be made without the necessity of a vote of the electorate of the district as prescribed in any provision of Chapter 6 (commencing with Section 16000) of Part 10. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 6. Fitness for Occupancy [17365 - 17374] SECTION 17374. Source version: id_cf4c9383-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=6. Any revenue derived from an increase in the rate of tax provided by Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1977, prior to July 1, 1975, and which is unexpended on that date, may be used after July 1, 1975, by the governing board of a school district to complete the corrective structural repair, reconstruction, or replacement of any school building subject to Section 17367 which had not been completed on that date. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 7. Full-Day Kindergarten Facilities Grant Program [17375 - 17376] SECTION 17375. Source version: id_6b456895-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=7. (a) (1) The California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program is hereby established, under the administration of the State Allocation Board pursuant to the requirements of this section, to provide one-time grants to school districts to construct new school facilities or retrofit existing school facilities for the purpose of providing transitional kindergarten classrooms and full-day kindergarten classrooms pursuant to Section 8973, and for the construction of new preschool classrooms, the modernization of existing preschool classrooms, or the modernization of existing kindergarten and grade 1 to 12, inclusive, classrooms that would be converted to provide California state preschool programs operated by school districts on a public schoolsite, pursuant to this section. (2) Moneys appropriated pursuant to this section shall be deposited in the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Account, hereby created in the State Treasury, administered by the State Allocation Board. (3) For the 2018–19 fiscal year, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund to the State Allocation Board to provide one-time grants as specified in this section, as it read on December 31, 2020. (4) (A) For the 2021–22 fiscal year, the sum of four hundred ninety million dollars ($490,000,000) is hereby appropriated from the General Fund to the State Allocation Board to provide one-time grants as specified in this section. The funds appropriated in this subparagraph shall be available for encumbrance or expenditure by the State Allocation Board until June 30, 2027. (B) For the 2022–23 fiscal year, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund in the 2021–22 fiscal year to the State Allocation Board to provide one-time grants as specified in this section. The funds appropriated in this subparagraph shall be available for encumbrance or expenditure by the State Allocation Board until June 30, 2028. (C) (i) Of the moneys allocated to a school district from the appropriation made pursuant to this paragraph, savings and interest achieved upon full completion of an approved project, and as a result of a school district’s efficient and prudent expenditure of the moneys allocated, may be used for professional development or instructional materials to build capacity for the implementation of a California state preschool program, a transitional kindergarten program, a full-day kindergarten program, or high priority capital outlay purposes identified by the school district and in accordance with subdivision (f), associated regulations, and any accompanying grant agreement. (ii) Notwithstanding any other law, for purposes of the funds appropriated in support of this paragraph only, a school district may retain and use savings and interest pursuant to clause (i) even if it receives financial hardship assistance pursuant to Section 17075.10. (iii) Savings and interest retained by a school district shall be expended within one year of project completion or returned to the state as required by associated regulations and any accompanying grant agreement. (5) New school facilities built pursuant to this section shall not be included in the eligibility determination used for purposes of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10). (b) (1) The State Allocation Board shall award grants to school districts that lack the facilities to provide transitional kindergarten or full-day kindergarten as required for eligibility pursuant to Sections 17071.25 and 17072.10, that lack facilities that satisfy the design requirements required for new kindergarten classrooms as specified in paragraph (2) of subdivision (h) of Section 14030 of Title 5 of the California Code of Regulations, or that lack the facility capacity to increase California state preschool program services. (2) Priority for grants shall be given to school districts that meet either of the following criteria: (A) The school district is financially unable to contribute a portion of, or all of, the local matching share required pursuant to paragraph (3) for a project, and meets the requirements for financial hardship pursuant to Sections 17075.10 and 17075.15. For purposes of this section, paragraph (5) of subdivision (d) of Section 17075.15 shall not apply. (B) (i) For school districts seeking a transitional kindergarten or full-day kindergarten facilities grant, the school district is located in an underserved community with a high population of pupils who are eligible for free or reduced-price meals pursuant to subdivision (a) of Section 42238.01. (ii) For school districts seeking a preschool facilities grant, the school district is located in an underserved area, as defined in Section 8205, that is prioritized to receive funds for the California state preschool program according to the prioritization process described in Section 8210. (3) Except for school districts that meet the requirements for financial hardship pursuant to Section 17075.10 and as specified in paragraph (4), a school district that applies for a grant pursuant to this section for new construction shall provide 50 percent of the cost of the project, and a school district that applies for a grant pursuant to this section for a retrofit project shall provide 40 percent of the cost of the project. (4) Except for school districts that meet the requirements for financial hardship pursuant to Section 17075.10, a school district shall provide 25 percent of the cost of the project, whether the project is for new construction or retrofit, if the school district does either of the following: (A) Converts a part-day kindergarten program to a full-day kindergarten program. A school district that was awarded a grant from funds appropriated pursuant to paragraph (3) of subdivision (a) and met the requirements of this paragraph shall have its grant amount adjusted from funds appropriated pursuant to paragraph (4) of subdivision (a) to reflect the requirements of this paragraph. (B) Commencing with the 2021–22 fiscal year, offers, or expands enrollment in, a California state preschool program or transitional kindergarten program. (5) (A) A school district seeking a transitional kindergarten or full-day kindergarten facilities grant from moneys in the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Account shall provide the Office of Public School Construction with schoolsite enrollment data for the year in which its application is processed and the three immediately preceding years. The Office of Public School Construction shall use this data to verify the schoolsite’s overall need for funding pursuant to this section based on the schoolsite’s enrollment patterns. As part of this verification, the Office of Public School Construction, in consultation with the State Department of Education, shall determine if the schoolsite’s need for funding shall be limited to retrofit projects. (B) For a school district seeking a new construction grant for preschool classrooms from moneys in the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Account, the school district shall demonstrate that its existing classrooms, including outdoor play areas and equipment, are insufficient to meet the needs of providing preschool, and that the school district’s projected enrollment in the preschool program exceeds the current preschool program classroom capacity at the applicable schoolsite. A school district shall use both of the following to demonstrate enrollment for purposes of determining eligibility: (i) The most recent childcare needs assessment conducted by its regional local planning council for preschool age children. (ii) A current or future contract with the State Department of Education to operate a preschool program. (6) A school district, county office of education, or community college district seeking a preschool facilities grant shall hold title to the real property where the facilities will be located. (c) The State Allocation Board shall disburse grant funds to school districts with approved applications for new construction or retrofit projects, to the extent funds are available for the state’s applicable matching share, if the school district has provided its applicable local matching share, unless the school district meets the requirements for financial hardship pursuant to Section 17075.10, and upon certification by the school district that the school district has entered into a binding contract for completion of the approved project. (d) The State Allocation Board shall allocate funds to school districts using the same maximum grant eligibility amounts that are used for purposes of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set forth in Sections 17072.10 and 17072.11 for new construction, and as set forth in Section 17074.10 for retrofit projects. (e) As a condition of receiving grant funds pursuant to this section, and before the release of those funds, the school district shall do all of the following: (1) Execute and submit a grant agreement consistent with the applicable sections of the grant agreement specified in Section 1859.90.4 of Title 2 of the California Code of Regulations. (2) For a school district applying for grant funds for a transitional kindergarten facilities project, pass a resolution at a public meeting of the governing board of the school district stating the school district’s intent to offer, or expand enrollment in, a transitional kindergarten program. (3) For a school district applying for grant funds for a California state preschool program facilities project, pass a resolution at a public meeting of the governing board of the school district stating the school district’s intent to expand enrollment in a preschool program and apply for expanded program service funding, and certify that the school district has or will apply for a contract to operate a preschool program before occupying the to-be-constructed or retrofitted facility. (f) (1) A school district may use grant funds awarded for new construction on costs necessary to adequately house preschool, transitional kindergarten, and kindergarten pupils in an approved project, which shall include only the following: (A) The costs of design, engineering, testing, inspections, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to hazardous substances at a new or existing schoolsite, demolition, construction, landscaping, necessary utility costs, utility connections and other related fees, equipment including telecommunication equipment to increase school security, furnishings, the upgrading of electrical systems, and the wiring or cabling of classrooms in order to accommodate educational technology. (B) The costs of acquiring an existing government-owned or privately owned building, or a privately financed school building, and the necessary costs of converting the government-owned or privately owned building for public school use. (2) (A) A school district may use grant funds awarded for a retrofit project to retrofit an existing school facility to adequately house preschool, transitional kindergarten, and kindergarten pupils, which shall only include the costs of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, necessary utility costs, utility connection and other related fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, the upgrading of electrical systems, and the wiring or cabling of classrooms in order to accommodate educational technology. (B) Grant funds awarded for a retrofit project shall not be used for costs associated with acquisition and development of real property or for routine maintenance and repair. (3) A school district shall not use funds to purchase or install portable classrooms. For purposes of this article, “portable classroom” means a classroom building of one or more stories that is designed and constructed to be relocatable and transportable over public streets, and for a single-story portable classroom, is designed and constructed for relocation without the separation of the roof or floor from the building and when measured at the most exterior walls, has a floor area that does not exceed 2,000 square feet. (g) For a modernization grant pursuant to this article to retrofit an existing preschool classroom, including outdoor play areas and installed equipment, the applicable classroom shall comply with all of the following: (1) The Field Act, as set forth in Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). (2) The California Building Standards Code, as set forth in Title 24 of the California Code of Regulations. (3) The regulations for early learning and care programs as set forth in Chapter 19 (commencing with Section 18000) of Division 1 of Title 5 of, and Chapter 1 (commencing with Section 101151) of Division 12 of Title 22 of, the California Code of Regulations, as applicable. (4) Written approval from the State Department of Education that the building plans comply with the standards set forth in Subchapter 1 (commencing with Section 14001) of Chapter 13 of Division 1 of Title 5 of the California Code of Regulations. (h) The State Allocation Board may adopt regulations to implement this section. Any regulations adopted pursuant to this section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (i) Notwithstanding any other law, a school district shall be subject, with regard to this section, to an audit conducted pursuant to Section 41024. (j) The Office of Public School Construction shall report to the Director of Finance, and shall post on its internet website, information regarding the use of grant funds that have been made available to school districts during each fiscal year grant funds are disbursed pursuant to this section. A final report shall also be issued after projects have been audited pursuant to Section 41024 and any savings have been spent or returned to the state. (k) The Department of General Services may charge its administrative costs against the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Account, which shall be subject to the approval of the Department of Finance and which shall not exceed 2.5 percent of the account. These administrative funds shall be subject to the encumbrance or expenditure availability for the appropriations described in paragraph (4) of subdivision (a). (l) Funds made available to school districts pursuant to this article shall supplement, not supplant, existing funds available for school facilities construction. (m) For purposes of this section, the following definitions apply: (1) “Kindergarten” includes transitional kindergarten, as defined in Section 48000. (2) “Preschool classroom” means a preschool classroom used or proposed to be used for instructional purposes in a California state preschool program. (3) “Preschool program” means a full-day California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6. (4) “Schoolsite” or “site” means the project site for which the school district is applying for grants under this article. (5) “School district” means as follows: (A) For transitional kindergarten and full-day kindergarten facilities grants, “school district” means a school district. (B) For preschool facilities grants, “school district” means a school district, county office of education, or a community college district that operates a preschool program on behalf of, or in lieu of, a school district or county office of education. (Amended by Stats. 2024, Ch. 38, Sec. 8. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 3. Construction of School Buildings [17251 - 17376] ARTICLE 7. Full-Day Kindergarten Facilities Grant Program [17375 - 17376] SECTION 17376. Source version: id_33976b78-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=3.&article=7. (a) If the board determines that a school district or county office of education is in default, or projected to default, with the requirements of any programs administered by the board, the board may withhold any new approvals for that school district or county office of education under this article. The board may require sufficient evidence from the applicant that a default or projected default has been addressed before making any new approvals. (b) The withholding of any new approvals pursuant to this section shall not, in and of itself, make the board liable for any tort, breach of contract, or any other action for damages caused by an applicant arising from new construction or modernization by the applicant. These contracts include, but are not limited to, contracts between the applicant and its construction contractors, construction managers, architects, or engineers. The applicant shall be liable for all torts, breaches of contract, or any other actions for damages caused by the applicant. (c) For purposes of this section, “new approvals” include, but are not limited to, unfunded approvals, apportionments, fund releases, and closeout audit adjustments. (Added by Stats. 2026, Ch. 65, Sec. 36. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 1. Conveyances [17385 - 17386] SECTION 17385. Source version: id_cf5741f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=1. The governing board of any school district shall receive in the name of the district conveyances for all property received and purchased by it, and shall make in the name of the district conveyances of all property belonging to the district and sold by it. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 1. Conveyances [17385 - 17386] SECTION 17386. Source version: id_cf5741f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=1. The governing board of any school district shall have the power to execute and deliver quitclaim deeds, either with or without consideration to the owners of real property adjacent to any real property owned by the school district, for the purpose of removing defects in and otherwise clearing up the title to such adjacent real property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 1.5. Advisory Committees [17387 - 17391] SECTION 17387. Source version: id_cf58c89d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=1.5. It is the intent of the Legislature that leases entered into pursuant to this chapter provide for community involvement by attendance area at the district level. This community involvement should facilitate making the best possible judgments about the use of excess school facilities in each individual situation. It is the intent of the Legislature to have the community involved before decisions are made about school closure or the use of surplus space, thus avoiding community conflict and assuring building use that is compatible with the community’s needs and desires. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 1.5. Advisory Committees [17387 - 17391] SECTION 17388. Source version: id_cf58c89f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=1.5. The governing board of any school district may, and the governing board of each school district, prior to the sale, lease, or rental of any excess real property, except rentals not exceeding 30 days, shall, appoint a district advisory committee to advise the governing board in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings which is not needed for school purposes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 1.5. Advisory Committees [17387 - 17391] SECTION 17389. Source version: id_cf58c8a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=1.5. A school district advisory committee appointed pursuant to Section 17388 shall consist of not less than seven nor more than 11 members, and shall be representative of each of the following: (a) The ethnic, age group, and socioeconomic composition of the district. (b) The business community, such as store owners, managers, or supervisors. (c) Landowners or renters, with preference to be given to representatives of neighborhood associations. (d) Teachers. (e) Administrators. (f) Parents of students. (g) Persons with expertise in environmental impact, legal contracts, building codes, and land use planning, including, but not limited to, knowledge of the zoning and other land use restrictions of the cities or cities and counties in which surplus space and real property is located. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 1.5. Advisory Committees [17387 - 17391] SECTION 17390. Source version: id_cf58c8a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=1.5. The school district advisory committee shall do all of the following: (a) Review the projected school enrollment and other data as provided by the district to determine the amount of surplus space and real property. (b) Establish a priority list of use of surplus space and real property that will be acceptable to the community. (c) Cause to have circulated throughout the attendance area a priority list of surplus space and real property and provide for hearings of community input to the committee on acceptable uses of space and real property, including the sale or lease of surplus real property for child care development purposes pursuant to Section 17458. (d) Make a final determination of limits of tolerance of use of space and real property. (e) Forward to the district governing board a report recommending uses of surplus space and real property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 1.5. Advisory Committees [17387 - 17391] SECTION 17391. Source version: id_6dc15330-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=1.5. Notwithstanding Section 17388, the governing board of a school district may elect not to appoint a school district advisory committee pursuant to Section 17388 in any of the following circumstances: (a) A lease or rental of excess real property to a private educational institution for the purpose of offering summer school in a facility of the school district. (b) The sale, lease, or rental of excess real property to be used for teacher or school district employee housing, including housing projects that comply with Section 65914.7 of the Government Code. (c) Until July 1, 2024, the sale or lease of surplus real property that has not previously operated, or was not constructed to be operated, as an early childhood education facility or a school for elementary and secondary instruction, pursuant to paragraph (1) of subdivision (e) of Section 17463.7. (Amended by Stats. 2025, Ch. 503, Sec. 1. (AB 1021) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 10. Exchange of Property [17536 - 17538] SECTION 17536. Source version: id_cf89c3c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=10. The governing board of a school district may exchange any of its real property for real property of another person or private business firm. Any exchange shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 10. Exchange of Property [17536 - 17538] SECTION 17537. Source version: id_cf89c3c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=10. Before ordering any exchange of real property the board shall adopt, by a two-thirds vote of its members, a resolution declaring its intention to exchange the property. The resolution shall describe the properties to be exchanged in a manner to identify them, and the terms and conditions, not including the price, upon which they will be exchanged. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 10. Exchange of Property [17536 - 17538] SECTION 17538. Source version: id_cf89c3c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=10. The governing board of any school district which has acquired title to property included within an application which has been approved by the State Allocation Board for state school building aid and which property is to be used as an access roadway to the schoolsite may exchange the property for other property to be used as an access roadway which abuts a state highway, if in the opinion of the Division of Highways in the Department of Transportation there is objection to the first access roadway, and if in the opinion of the governing board the property acquired by the exchange will afford more safety to the pupils of the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] SECTION 17540. Source version: id_cf89c3cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=13. The governing board of any school district may sell any personal property or school supplies belonging to the district to the federal government or its agencies, to the state, to any county, city and county, city or special district, or to any other school district or any agency eligible under the federal surplus property law, (40 U.S.C. Sec. 484(j)(3)) and the governing board of another school district may purchase the property, for an amount equal to the cost thereof plus the estimated cost of purchasing, storing, and handling the property, without advertisement for or receipt of bids or compliance with any other provisions of this code. The governing board of any school district may purchase any personal property or school supplies for the purpose of selling them, pursuant to this section. This section does not authorize the purchase, for the purpose of resale, of standard school supplies and equipment by any elementary school district governed by school trustees. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] SECTION 17541. Source version: id_cf89c3cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=13. The provisions of Section 17540 shall be applicable to a sale of personal property from a unified school district whose boundaries are coterminous with a city or city and county to that city or city and county. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] SECTION 17542. Source version: id_cf8b4971-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=13. The governing board of any school district may sell or lease used personal property belonging to the district to the federal government or its agencies, to the state, to any county, city and county, city or special district, or to any other school district, and the governing board of another school district may purchase or lease the property. The selling price and the terms of sale, or the lease price and the terms of lease shall be fixed by the governing boards of the school districts effecting the sale or lease, and approved by the county superintendent of schools. The sale or lease may be made without advertisement for or receipt of bids, or compliance with any other provisions of this code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17545. Source version: id_cf8b4975-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. (a) The governing board of any school district may sell for cash any personal property belonging to the district if the property is not required for school purposes, or if it should be disposed of for the purpose of replacement, or if it is unsatisfactory or not suitable for school use. There shall be no sale until notice has been given by posting in at least three public places in the district for not less than two weeks, or by publication for at least once a week for a period of not less than two weeks in a newspaper published in the district and having a general circulation there. If there is no such newspaper, then in a newspaper having a general circulation in the district; or if there is no newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. The board shall sell the property to the highest responsible bidder, or shall reject all bids. (b) The governing board may choose to conduct any sale of personal property authorized under this section by means of a public auction conducted by employees of the district or other public agencies, or by contract with a private auction firm. The board may delegate to the district employee responsible for conducting the auction the authority to transfer the personal property to the highest responsible bidder upon completion of the auction and after payment has been received by the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17546. Source version: id_cf8b4977-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. (a) If the governing board, by a unanimous vote of those members present, finds that the property, whether one or more items, does not exceed in value the sum of two thousand five hundred dollars ($2,500), it may be sold at private sale without advertising, by any employee of the district empowered for that purpose by the board. (b) Any item or items of property having previously been offered for sale pursuant to Section 17545, but for which no qualified bid was received, may be sold at private sale without advertising by any employee of the district empowered for that purpose by the board. (c) If the board, by a unanimous vote of those members present, finds that the property is of insufficient value to defray the costs of arranging a sale, the property may be donated to a charitable organization deemed appropriate by the board, or it may be disposed of in the local public dump on order of any employee of the district empowered for that purpose by the board. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17547. Source version: id_cf8b4979-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. The money received from the sale shall be placed to the credit of the fund from which the original expenditure for the purchase of the property was made or in the general or reserve fund of the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17548. Source version: id_cf8b497b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. The governing board of any school district may dispose of personal property belonging to the district for the purpose of replacement by providing in the notice calling for bids for furnishing new materials, articles, or supplies that each bidder shall agree in his or her bid to purchase the property being replaced and to remove it from the school grounds and shall state in his or her bid the amount which he or she will deduct from the price bid for furnishing new materials, articles, or supplies as the purchase price for the personal property being purchased from the district. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17549. Source version: id_cf8b497d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. The governing board of any school district may enter into contracts with manufacturers or suppliers for the exchange of household appliances and equipment belonging to the district and used for instructional purposes for new property of like class and kind for a similar use without advertising for or taking bids. The cost to the district for the exchange shall not exceed the excess, if any, of the manufacturer’s or supplier’s selling price of the new property over the original cost to the district of the property being disposed of by the district, plus any applicable tax. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17550. Source version: id_cf8cd01f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. The governing board of any school district may, when calling for bids and letting contracts for constructing new school buildings, or repairing, altering, adding to, or reconstructing existing school buildings, or demolishing existing school buildings, require each bidder for the performance of the work to agree in his or her bid to purchase and to remove from the school grounds all old materials required by the specifications to be removed from any existing school building on the same school grounds and not required for school purposes and to state in his or her bid the amount which he or she will deduct from the price bid for the work as the purchase price of the old materials. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17551. Source version: id_cf8cd021-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. The governing board of a school district may authorize any officer or employee of the district to sell to any pupil personal property of the district which has been fabricated by such pupil, at the cost to the district of the materials furnished by the district and used therein. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17552. Source version: id_cf8cd023-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. The governing board of a school district may sell to persons enrolled in classes for adults maintained by the district any materials that may be necessary for the making of articles by those persons in those classes. The materials shall be sold at not less than the cost thereof to the district and any article made therefrom shall be the property of the person making it. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17553. Source version: id_cf8cd025-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. A school district may, in accordance with regulations adopted by the governing board of the district and for educational use, sell, give, or exchange for similar published materials, published materials prepared by the district in connection with the curricular and special services that the district is authorized to perform. Unless restricted by the regulations of the governing board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Article IX, Section 1, of the Constitution. A school district may also license the use of copyrights held by the district, to the same persons or entities and for the same purposes as provided in the above paragraph. The district shall grant a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher. Any charge which may be assessed a public agency for the license to use the copyright or for materials, to which the district holds the copyright, shall not exceed the cost to the district of the preparation and reproduction of the materials. Any granting of a license, by a school district, to reproduce copyrighted material is declared to be for a public purpose in furtherance of Article XI, Section 1, of the Constitution. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17554. Source version: id_cf8cd027-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. Notwithstanding any other provision of law, the governing board of any school district owning land upon which agricultural products are grown may enter into agreements with an agricultural cooperative or association for the purpose of maintaining, harvesting or selling the products. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 14. Sale of Personal Property [17545 - 17555] SECTION 17555. Source version: id_cf8cd029-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=14. Notwithstanding any other provision of this article, the governing board of any school district may sell or lease any personal property belonging to the district to any private educational institution for use in any summer school which the institution offers in a facility of the district used under a lease or agreement entered into pursuant to Section 17527. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 15. Dedication of Real Property [17556 - 17561] SECTION 17556. Source version: id_cf8e56cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=15. The governing board of any school district may, pursuant to this article, dedicate or convey to the state, or any political subdivision or municipal corporation thereof, for public street or highway purposes, either with or without consideration and without a vote of the electors of the district first being taken, any real property belonging to the district, either in fee or any lesser estate or interest therein, including abutter’s right of access to any public street or highway; and may dedicate or convey to any public corporation, or private corporation engaged in the public utility business, without a vote of the electors of the district first being taken, an easement to lay, construct, reconstruct, maintain, and operate water, sewer, gas, or storm drain pipes or ditches, electric or telephone lines, and access roads used in connection therewith, over and upon any land belonging to the school district, upon such terms and conditions as the parties thereto may agree. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 15. Dedication of Real Property [17556 - 17561] SECTION 17557. Source version: id_cf8e56cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=15. Before ordering the dedication or conveyance of any property the governing board shall in regular open meeting by a two-thirds vote of all its members adopt a resolution declaring its intention to dedicate or convey the property. The resolution shall describe the property proposed to be dedicated or conveyed in such manner as to identify it, and shall specify the purposes for which and the terms upon which it will be dedicated or conveyed, and shall fix a time not less than 10 days thereafter for a public meeting of the governing board to be held at its regular place of meeting for a public hearing upon the question of making the dedication or conveyance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 15. Dedication of Real Property [17556 - 17561] SECTION 17558. Source version: id_cf8e56d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=15. Notice of adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the members of the board, or by a majority thereof, in three public places in the district not less than 10 days before the date of the meeting, and by publishing the notice once not less than five days before the date of the meeting in a newspaper of general circulation, published in the district, if there is one, or, if there is no such newspaper published in the district, then in a newspaper published in the county in which the district or any part thereof is situated and having a general circulation in the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 15. Dedication of Real Property [17556 - 17561] SECTION 17559. Source version: id_cf8e56d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=15. At the time and place fixed in the resolution for the meeting of the governing board the public hearing shall be held, and the governing board may at the meeting, or at any other meeting of the governing board held within 60 days thereafter, unless a protest is entered, adopt a resolution by a two-thirds vote of all its members authorizing and directing the president of the governing board, or any other presiding officer, or the secretary, or the members thereof, to execute a deed of dedication or conveyance of the property and to deliver it. Upon the delivery and acceptance of the deed the dedication or conveyance is fully effective. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 15. Dedication of Real Property [17556 - 17561] SECTION 17560. Source version: id_cf8fdd75-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=15. A petition protesting against the proposed dedication or conveyance signed by at least 10 percent of the qualified electors of the district, as shown by the affidavit of one of the petitioners, may be filed with the governing board at the meeting held at the time and place fixed in the resolution. If a protest is filed, the governing board shall, before taking any further action on the proposed dedication or conveyance, submit the question of whether the proposed dedication or conveyance should be made, to the superintendent of schools of the county having jurisdiction over the district, whose decision is final. If the superintendent approves the proposed dedication or conveyance, the board may proceed as provided in Section 17559. If the superintendent of schools does not approve the proposed dedication or conveyance, no further proceedings shall be had thereon. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 15. Dedication of Real Property [17556 - 17561] SECTION 17561. Source version: id_cf8fdd77-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=15. Whenever school districts are required to improve and dedicate real property to the centerline of streets or highways adjacent to a schoolsite or forming an intersection at a schoolsite location, and when such street or highway rights-of-way are being conveyed to the city or county or by the city or county to the school district, the requirements of this article shall be deemed satisfied solely by posting a notice of intention to convey in an appropriate location before conveyance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17400. Source version: id_40ba65fc-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) Any school district may enter into leases and agreements relating to real property and buildings to be used by the school district pursuant to this article. (b) As used in this article, the following terms have the following meanings: (1) “Best value” means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications. (2) “Best value score” means the total score awarded to a proposer for all scored evaluation factors. (3) “Building” includes each of the following: (A) One or more buildings located or to be located on one or more sites. (B) The remodeling of any building located on a site to be leased pursuant to this article. (C) Onsite and offsite facilities, utilities, or improvements that the governing board of the school district determines are necessary for the proper operation or function of the school facilities to be leased. (D) The permanent improvement of school grounds. (4) “Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project. (5) “Site” includes one or more sites, and also may include any building or buildings located or to be located on a site. (Amended by Stats. 2016, Ch. 521, Sec. 1. (AB 2316) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17401. Source version: id_cf5a4f4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. As used in this article “lease or agreement” shall include a lease-purchase agreement. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17402. Source version: id_cf5a4f4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. Before the governing board of a school district enters into a lease or agreement pursuant to this article, it shall have available a site upon which a building to be used by the district may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites, and it shall have prepared and shall have adopted plans and specifications for the building that have been approved pursuant to Sections 17280 to 17316, inclusive. A district has a site available for the purposes of this section under any of the following conditions: (a) If it owns a site or if it has an option on a site that allows the school district or the designee of the district to purchase the site. Any school district may acquire and pay for an option containing such a provision. (b) If it is acquiring a site by eminent domain proceedings and pursuant to Chapter 6 (commencing with Section 1255.010) of Title 7 of Part 3 of the Code of Civil Procedure, the district has obtained an order for possession of the site, and the entire amount deposited with the court as the probable amount of compensation for the taking has been withdrawn. (c) In the case of a district qualifying under Section 17410, if it is leasing a site from a governmental agency pursuant to a lease having an original term of 35 years or more or having an option to renew that, if exercised, would extend the term to at least 35 years. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17403. Source version: id_d4fe5129-fcca-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. The term of a lease or agreement entered into by a school district pursuant to this article shall not exceed 99 years. (Amended by Stats. 2018, Ch. 204, Sec. 1. (AB 1406) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17404. Source version: id_cf5a4f51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. Sections 17455 to 17480, inclusive, shall not apply to leases made pursuant to this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17405. Source version: id_4058314d-6c2a-11dc-bfc4-d021d09ce77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. Any lease or agreement shall be subject to the following requirements: (a) A building or structure that is to be used for school purposes shall be subject to the provisions of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). A building or facility used by a school district under a lease or lease-purchase agreement into which neither pupils nor teachers are required to enter or that would be excluded from the definition of “school building,” as contained in Section 17368, shall not be considered to be a “school building” within the meaning of Section 17283. (b) Subdivision (a) shall not apply to trailer coaches used for classrooms or laboratories if the trailer coaches conform to the requirements of Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code, and the rules and regulations promulgated thereunder concerning mobilehomes, are not expanded or fitted together with other sections to form one unit greater than 24 feet in width, are used for special educational purposes, and are used by not more than 12 pupils at a time, except that the trailer coaches may be used by not more than 20 pupils at a time for driver training purposes. (c) The site on which a leased relocatable structure is located shall be owned by the school district, or shall be under the control of the school district pursuant to a lease or a permit. “Relocatable structure” is any structure that is designed to be relocated. (d) For purposes of interconnection of fire alarms, buildings leased for 24 months or less shall be subject to Section 809 of the Uniform Building Code until applicable regulations proposed by the State Fire Marshal are adopted as part of Title 24 of the California Code of Regulations. (e) Notwithstanding any other provision of law, this section shall become operative on September 30, 1997. (Amended (as to be added by Stats. 1996, Ch. 277, 2nd text) by Stats. 1997, Ch. 320, Sec. 4. Effective August 18, 1997. As amended, this section initially became operative on September 30, 1997, by Sec. 10 of Ch. 320 (and by its own provisions).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17406. Source version: id_7b896a3f-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or corporation real property that belongs to the school district if the instrument by which this property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. (2) An instrument created pursuant to paragraph (1) shall be awarded based on a competitive solicitation process to the proposer providing the best value to the school district, taking into consideration the proposer’s demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required. Before awarding an instrument pursuant to this section, the governing board of the school district shall adopt and publish required procedures and guidelines for evaluating the qualifications of proposers that ensure the best value selections by the school district are conducted in a fair and impartial manner. These procedures and guidelines shall be mandatory for the school district when awarding an instrument pursuant to this section. The required procedures shall include, at a minimum, the following: (A) The school district shall prepare a request for sealed proposals from qualified proposers. The school district shall include in the request for sealed proposals an estimate of price of the project, a clear, precise description of any preconstruction services that may be required and the facilities to be constructed, the key elements of the instrument to be awarded, a description of the format that proposals shall follow and the elements they shall contain, the standards the school district will use in evaluating proposals, the date on which proposals are due, and the timetable the school district will follow in reviewing and evaluating proposals. (B) The school district shall give notice of the request for sealed proposals in the manner of notice provided in Section 20112 of the Public Contract Code and in a trade paper of general circulation published in the county where the project is located, with the latest notice published at least 10 days before the date for receipt of the proposals. (C) A proposer shall be prequalified in accordance with subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code in order to submit a proposal. If used, electrical, mechanical, and plumbing subcontractors shall be subject to the same prequalification requirements for prospective bidders described in subdivisions (b) to (m), inclusive, of Section 20111.6 of the Public Contract Code, including the requirement for the completion and submission of a standardized prequalification questionnaire and financial statement that is verified under oath and is not a public record. These prequalification requirements shall be included in an instrument created pursuant to paragraph (1). (D) The request for sealed proposals shall identify all criteria that the school district will consider in evaluating the proposals and qualifications of the proposers, including relevant experience, safety record, price proposal, and other factors specified by the school district. The price proposal shall include, at the school district’s discretion, either a lump-sum price for the instrument to be awarded or the proposer’s proposed fee to perform the services requested, including the proposer’s proposed fee to perform preconstruction services or any other work related to the facilities to be constructed, as requested by the school district. The request for proposals shall specify whether each criterion will be evaluated pass-fail or will be scored as part of the best value score, and whether proposers must achieve any minimum qualification score for award of the instrument under this section. (E) For each scored criterion, the school district shall identify the methodology and rating or weighting system that will be used by the school district in evaluating the criterion, including the weight assigned to the criterion and any minimum acceptable score. (F) Proposals shall be evaluated and the instrument awarded under this section in the following manner: (i) All proposals received shall be reviewed to determine those that meet the format requirements and the standards specified in the request for sealed proposals. (ii) The school district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the school district. (iii) The award of the instrument shall be made by the governing board of the school district to the responsive proposer whose proposal is determined, in writing by the governing board of the school district, to be the best value to the school district. (iv) If the selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the second highest best value score if the governing board of the school district deems it to be for the best interest of the school district. If the second selected proposer refuses or fails to execute the tendered instrument, the governing board of the school district may award the instrument to the proposer with the third highest best value score if the governing board of the school district deems it to be for the best interest of the school district. (v) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the entity to which the award is made, along with a statement regarding the basis of the award. The statement regarding the school district’s contract award and the contract file shall provide sufficient information to satisfy an external audit. (G) The governing board of the school district, at its discretion, may reject all proposals and request new proposals. (3) Following the award of an instrument created pursuant to paragraph (1), and if the price proposal is not a lump sum for the instrument awarded, the successful proposer shall provide the school district with objectively verifiable information of its costs to perform the services requested under the instrument and shall select subcontractors as set forth in paragraph (4). Once any preconstruction services are completed and subcontractors are selected, and upon approval of the plans and specifications for work on the site by the Department of General Services’ Division of the State Architect, if required, the successful proposer and the school district shall finalize the price for the services to be provided under the instrument. The successful proposer shall provide the school district with written rationale for the price, and the school district shall approve or reject the final price at a public meeting before the successful proposer may proceed with any further work under the instrument. The contract file shall include documentation sufficient to support the final price determination. (4) (A) The school district, in the request for sealed proposals, may identify specific types of subcontractors that must be included in the proposal. All subcontractors that are identified in the proposal shall be afforded the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). (B) Following the award of an instrument created pursuant to paragraph (1) and for subcontractors not identified in the proposal, the successful proposer shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the price allocable to construction work: (i) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due. (ii) Establish reasonable qualification criteria and standards. (iii) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process shall not apply to subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of the Subletting and Subcontracting Fair Practices Act (Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code). (5) Paragraph (2) shall not preclude a school district from segregating the request for proposals into a request for qualifications, followed by a request for proposals with price information from the proposers deemed most qualified by the school district, provided that the procedures specified in paragraphs (2), (3), and (4) are otherwise followed. (b) (1) Notwithstanding Sections 17297 and 17402, for purposes of using preconstruction services, a school district may enter into an instrument created pursuant to paragraph (1) of subdivision (a) before written approval by the Department of General Services’ Division of the State Architect only if the instrument provides that no work for which a contractor is required to be licensed in accordance with Article 5 (commencing with Section 7065) of Chapter 9 of Division 3 of the Business and Professions Code and for which Division of the State Architect approval is required can be performed before receipt of the required Division of the State Architect approval. (2) This subdivision does not waive the requirements of Section 17072.30 or Section 17074.16, or any other applicable requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10. (c) A rental of property that complies with subdivision (a) as it reads on the day that the lease is entered into shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. (d) (1) This subdivision shall apply to a project for the construction, alteration, repair, or improvement of any structure, building, or other improvement of any kind that was leased through an instrument pursuant to this section before July 1, 2015. If at any time the instrument is determined to be invalid by a court of competent jurisdiction because it fails to fall within the competitive bidding exception pursuant to paragraph (1) of subdivision (a), as it read on December 31, 2016, the contractor who entered into the instrument with the school district may be paid the reasonable cost, specifically excluding profit, of the labor, equipment, materials, and services furnished by the contractor before the date of the determination that the instrument is invalid if all of the following conditions, as determined by the court, are met: (A) The contractor proceeded with construction, alteration, repair, or improvement based upon a good faith belief that the instrument was valid. (B) The school district has reasonably determined that the work performed is satisfactory. (C) Contractor fraud did not occur in the obtaining or performance of the instrument. (D) The instrument does not otherwise violate state law related to the construction or leasing of public works of improvement. (2) In no event shall payment to the contractor pursuant to this section exceed either of the following: (A) The contractor’s costs as included in the instrument plus the cost of any approved change orders. (B) The lease payments made, less profit, at the point in time the instrument is determined to be invalid by a court of competent jurisdiction. (3) Notwithstanding paragraph (1), this subdivision shall not affect any protest and legal proceedings, whether contractual, administrative, or judicial, to challenge the award of the public works contract, nor affect any rights under Section 337.1 or 337.15 of the Code of Civil Procedure. (e) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2028, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended (as amended by Stats. 2016, Ch. 521, Sec. 2) by Stats. 2021, Ch. 666, Sec. 5. (AB 486) Effective January 1, 2022. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 6 of Stats. 2021, Ch. 666.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17406. Source version: id_7ef67d81-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property that belongs to the school district if the instrument by which this property is let requires the lessee to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the school district during the term of the lease, and provides that title to that building shall vest in the school district at the expiration of that term. The instrument may provide for the means or methods by which that title shall vest in the school district before the expiration of that term, and shall contain other terms and conditions as the governing board of the school district may deem to be in the best interest of the school district. (b) Any rental of property that complies with subdivision (a) shall be deemed to have thereby required the payment of adequate consideration for purposes of Section 6 of Article XVI of the California Constitution. (c) This section shall become operative on July 1, 2027. (Amended (as amended by Stats. 2016, Ch. 521, Sec. 3) by Stats. 2021, Ch. 666, Sec. 6. (AB 486) Effective January 1, 2022. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17407. Source version: id_7032919a-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) The governing board of any school district may enter into an agreement with any person, firm, or corporation under which that person, firm, or corporation shall construct, or provide for the construction of, a building to be used by the district upon a designated site and lease the building and site to the district. The instrument shall provide that the title to the building and site shall vest in the district at the expiration of the lease, and may provide the means or method by which the title to the building and site shall vest in the district prior to the expiration of the lease, and shall contain other terms and conditions as the governing board of the district deems to be in the best interest of the district. (b) The agreement entered into shall be with the lowest responsible bidder who shall give the security that any board requires. The board may reject all bids. For the purpose of securing bids the board shall publish at least once a week for two weeks in some newspaper of general circulation published in the district, or if there is no paper, then in some paper of general circulation circulated in the county, a notice calling for bids, stating the proposed terms of the agreement and the time and place where bids will be opened. (c) This section shall become operative on January 1, 2019. (Repealed (in Sec. 3) and added by Stats. 2014, Ch. 408, Sec. 4. (AB 1581) Effective January 1, 2015. Section operative January 1, 2019, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17407.5. Source version: id_619d9682-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) The governing board of a school district shall not enter into an agreement pursuant to Section 17406 or 17407 with any entity unless the entity provides to the governing board of the school district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (b) Subdivision (a) shall not apply if any of the following requirements are met: (1) The governing board of the school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce and the entity agrees to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the school district prior to January 1, 2017. (3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (c) For purposes of this section, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (Amended by Stats. 2016, Ch. 774, Sec. 2. (SB 693) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17407.7. Source version: id_8809b7e4-e40f-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. The requirements of Sections 17406, 17407, and 17407.5 shall apply to any agreement entered into by a county board of education, county office of education, or county superintendent of schools to let to any person, firm, or corporation any real property that belongs to the county office of education or a school district and requires the lessee to construct on the demised premises or provide for the construction of a building thereon for use by the county office of education or a school district. (Added by Stats. 2017, Ch. 125, Sec. 2. (AB 591) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17408. Source version: id_cf5bd5f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. The governing board of a school district shall call and hold an election, pursuant to Section 17409 or 17412, before or after entering a lease or agreement, as the case may be, except that if the lease or agreement does not effect an increase in the existing applicable maximum tax rate of the district, the election requirements of this section shall not apply. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17409. Source version: id_cf5bd5fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. Before entering into a lease or agreement pursuant to this article, the governing board of the district shall call, hold, and conduct an election in the manner provided in Section 42202, except that the ballot used in the election shall contain substantially the words: “Shall the governing board of the ____ District purchase (a site, sites) prepare plans and specifications, [the reference to the site or sites and plans and specifications shall not be included if, prior to calling the election, the governing board of the district has acquired a site or sites or proposes to lease a site or sites and has prepared plans and specifications] and lease (a site and, sites and) (a building, buildings) to be constructed for use by the school district [designating the location of the site or sites on which the building or buildings will be constructed and generally describing the building or buildings], and, for such purposes, shall the maximum tax rate of the district be increased by not to exceed ____, such increase to be in effect in the ____ District for the years 19_ to __, be authorized and the amount of such increase used solely and exclusively for such purposes?” (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17410. Source version: id_cf5bd5fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) If, at an election held pursuant to Section 17409, or the predecessor to that section, a majority of the electors voting on the proposition voted “Yes,” the governing board may call an election pursuant to this section. Before entering into one or more leases or agreements pursuant to this section and this article, the governing board of the district shall call, hold, and conduct an election in the manner provided in Section 42202 of the Education Code, as it existed on December 31, 1979, except that the ballot used in the election shall contain substantially the words: “Shall the governing board of the ____ District purchase (a site, sites) prepare plans and specifications [the reference to the site or sites and plans and specifications shall not be included if, prior to calling the election, the governing board of the district has acquired a site or sites or proposes to lease a site or sites or has prepared plans and specifications] and lease (a site, sites) and (a building, buildings) to be constructed for use by the school district (designating the location of the site or sites on which the building or buildings will be constructed and generally describing the building or buildings) and for those purposes, shall the tax rate increase authorized on [the date of the original election], be used solely and exclusively for those purposes in addition to those approved by the majority of electors at the election held pursuant to Section 17409, or the predecessor to that section, on [the date of the original election]?” If, at the election held pursuant to this section, a majority of the electors voting on the proposition vote “Yes,” the governing board may proceed pursuant to this article to use that previously authorized tax increase for the purpose or purposes authorized under that election. (b) It is the intent of the Legislature, in enacting this section, to permit the levy of a tax to the extent authorized at an election held pursuant to Section 17409, or the predecessor to that section, as modified to permit the proceeds of that tax to be expended for the purposes authorized at the election held pursuant to subdivision (a). (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17411. Source version: id_cf5bd5ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. The governing board of the district, if the district proposes at an election held pursuant to Section 17409 to lease more than one building, may include in the ballot measure used in the election a statement that the district reserves the right to lease less than all of the proposed buildings designated in the ballot measure. If such a statement is included in the ballot measure, the governing board may at any time thereafter determine to not lease one or more of the buildings included in the ballot measure, and such determination shall not breach any obligation of the district to the voters of the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17412. Source version: id_343932d2-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. An election held pursuant to Section 17409 or Section 17413 shall be held in conjunction with either a statewide primary or general election, or an election date specified in Section 1000 of the Elections Code. (Amended by Stats. 2006, Ch. 588, Sec. 5. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17413. Source version: id_cf5d5ba3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. In lieu of calling an election pursuant to Section 17409, the governing board of a school district may call an election pursuant to this section. Within 10 days after the governing board has opened the proposals pursuant to Section 17417 or has adopted a resolution pursuant to Section 17418 it may accept a proposal, if proceeding under Section 17417, and execute the lease or agreement, and immediately thereafter call an election pursuant to this section. The governing board of the district shall call, hold, and conduct an election in the manner provided in Section 42202, except that the ballot used in the election shall contain substantially the words: “Shall the governing board of the ____ District lease [a site (sites) and] a building [buildings] to be constructed for use by the school district [designating the location of the site or sites on which the building or buildings will be constructed, and generally describing the building or buildings and the cost thereof], and, for such purposes, shall the maximum tax rate of the district be increased by not to exceed ____, such increase to be in effect in the ____ District for the years 19__ to ____, be authorized and the amount of such increase used solely and exclusively for such purposes?” (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17414. Source version: id_cf5d5ba5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. If, at the election held pursuant to Section 17409 or Section 17413, a majority of the electors voting on the proposition vote “Yes,” the governing board may proceed pursuant to this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17415. Source version: id_cf5d5ba7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. Whenever the electors of a school district, at an election held pursuant to Section 17409 or 17413, have approved an increase in the maximum tax rate of the district for the purpose of enabling the district to enter into a lease or agreement for a site or building, or both, and before the lease or agreement is entered into, or during the term of the lease or agreement, territory is taken from the district and annexed to or included in another district by any means, the acquiring district shall automatically assume and shall pay to the district from which the territory is transferred a proportionate share of any remaining payments due under the lease or agreement, as the payments become due, for so long as the lease or agreement runs. The acquiring district’s proportionate share shall be in the ratio which the total assessed valuation of taxable property in the transferred territory bore to the total assessed valuation of taxable property in the whole district from which the territory is transferred for the year immediately preceding the date on which the transfer became effective for all purposes. This section shall be applicable only with respect to transfers of school district territory which become effective for all purposes after the effective date of enactment of this section, and shall be applicable whether the election under Section 17409 or 17413 occurred prior to or after the effective date of this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17416. Source version: id_cf5d5ba9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) Unless the time allowed for the governing board to enter into the lease agreement is extended pursuant to subdivision (b), if the governing board of the district fails to enter into a lease pursuant to this article within three years after an election, held pursuant to Section 17409, at which a majority of the votes cast favors the proposition submitted, the authorization for an increase in the maximum tax rate shall become void. (b) If litigation is filed challenging in any way the election held pursuant to Section 17409 or the competitive bidding proceedings or contract for the construction of the building to be used by the district; compliance with the California Environmental Quality Act; or the validity of or the proceedings for the issuance of any bonds, notes, warrants, or other evidences of indebtedness of a nonprofit corporation to be sold to finance construction of the building, the authorization for an increase in the maximum tax rate shall not become void because of the failure of the governing board to enter into a lease pursuant to this article until three years after the date upon which this subdivision becomes effective. This subdivision shall apply only to school districts which had an average daily attendance of 65,000 or more in the 1975–76 fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17417. Source version: id_cf5ee24b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. After the governing board of a school district has complied with Section 17402, it shall, in a regular open meeting, adopt a resolution declaring its intention to enter into a lease or agreement pursuant to this article. The resolution shall describe, in any manner to identify it, the available site upon which the building to be used by the district shall be constructed, shall generally describe the building to be constructed and state that the building shall be constructed pursuant to the plans and specifications adopted by the governing board therefor, shall, if that is the case, state the minimum yearly rental at which the governing board will lease real property belonging to the district upon which the building is to be constructed, and shall state the maximum number of years for which the school district will lease the building or site and building, as the case may be, and shall state that the proposals submitted therefor shall designate the amount of rental, which shall be annual, semiannual, or monthly, to be paid by the school district for the use of the building, or building and site, as the case may be. The resolution shall fix a time, not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board. Notice thereof shall be given in the manner provided in Section 17469. At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to enter a lease or agreement and which are made by responsible bidders, the proposal which calls for the lowest rental shall be finally accepted, or the board shall reject all bids. The board is not required to accept a proposal, or else reject all bids, on the same day as that in which the proposals are opened. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17418. Source version: id_cf5ee24d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) As an alternative to obtaining sealed proposals as required by Sections 17407 and 17417, the governing board may, in a public meeting, adopt a resolution declaring its intention to enter into a lease or agreement pursuant to this article with a nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) if the articles of incorporation or bylaws of the nonprofit public benefit corporation provide both of the following: (1) That no person shall be eligible to serve as a member or director of the corporation except a person initially approved by resolution of the governing board of the school district. (2) That no part of the net earnings of the corporation shall inure to the benefit of any member, private shareholder, individual, person, firm or corporation excepting only the school district. (b) The resolution adopted by the governing board shall do all of the following: (1) Describe, in a manner to identify it, the available site upon which the building to be used by the district shall be constructed. (2) Generally describe the building to be constructed and state that the building shall be constructed pursuant to the plans and specifications adopted by the governing board therefor. (3) If that is the case, state the minimum yearly rental at which the governing board will lease real property belonging to the district upon which the building is to be constructed. (4) State the maximum number of years for which the school district will lease the building, or building and site, as the case may be. (c) Any building constructed by a nonprofit public benefit corporation pursuant to a lease or agreement entered into pursuant to this section shall be constructed under a contract awarded to the lowest responsible bidder pursuant to Article 42 (commencing with Section 20670) of Part 3 of Division 2 of the Public Contract Code. Section 17424 applies to the contract. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17419. Source version: id_cf5ee24f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. Any bonds, notes, warrants, or other evidences of indebtedness to be issued by a nonprofit corporation to finance the construction of a building pursuant to a lease or agreement entered into pursuant to Section 17418 shall be sold pursuant to Chapter 10 (commencing with Section 5800) of Division 6 of Title 1 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17420. Source version: id_cf5ee251-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. All bonds, notes, warrants or other evidences of indebtedness referred to in Section 17419 and the interest thereon, and all bonds, notes, warrants, or other evidences of indebtedness issued to refinance any bonds, notes, warrants, or other evidences of indebtedness referred to in Section 17419 and the interest thereon, are exempt from all taxation in the state other than inheritance, gift and franchise taxes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17421. Source version: id_cf5ee253-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. Any building constructed for the use of a school district pursuant to this article is subject to Sections 17280 to 17313, inclusive. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17422. Source version: id_cf6990b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. For the purposes of Sections 15102 and 15106 and Chapter 6 (commencing with Section 16000) of Part 10, 50 percent of any remaining payments for use of the building or site and building which would become due from the district under any leases and agreements entered into by the district pursuant to this article, if the leases and agreements were to run their full term, shall be considered outstanding bonded indebtedness. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17423. Source version: id_cf6990b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. No district shall enter into any lease or agreement pursuant to this article if at the time 50 percent of any remaining rental payments for use of the building or site and building which would become due from the district pursuant to this article, including the lease or agreement to be entered into, if the leases and agreements were to run their full term, plus the total amount of district bonded indebtedness outstanding at the time, shall exceed 7.5 percent for elementary school districts and high school districts and 12.5 percent for unified school districts of the taxable property of the district as shown by the last equalized assessment of the county or counties in which the district is located. For the purpose of this section, the taxable property of the district shall be determined upon the basis that the district’s assessed value has not been reduced by the exemption of the assessed value of business inventories in the district or reduced by the homeowners’ property tax exemption. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17424. Source version: id_cf6990b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. The governing board of the school district shall obtain the general prevailing rate of per diem wages from the Director of the Department of Industrial Relations for each craft, classification or type of workman needed for the construction of the building and shall specify in the resolution and in the notice, required by Section 17417, or in the resolution required by Section 17418 and in the lease or agreement made pursuant to this article, what the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality is for each craft, classification or type of workmen needed for the construction of the building. The holidays upon which such rate shall be paid need not be specified by the governing board, but shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workmen employed on the project. Any agreement or lease entered into pursuant to this article shall require that such general prevailing rates will be paid. It shall also require that work performed by any workman employed upon the project in excess of eight hours during any one calendar day shall be permitted only upon compensation for all hours worked in excess of eight hours per day at not less than 11/2 times the basic rate of pay. There may also be included in leases or agreements entered into pursuant to this article any other requirements with respect to matters related to the subject of this section which the governing board deems necessary or desirable. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17425. Source version: id_cf6990bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. The provisions of this article prevail over any provisions of law which conflict therewith. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17426. Source version: id_cf6990bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. All acts and proceedings taken prior to the effective date of the enactment of this section, by or on behalf of any district under this article, or under color of this article, for the authorization of an increase in the maximum tax rate of the district and for the leasing of a building or buildings for the purposes of the district are hereby confirmed, ratified, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of the district and of any person, public officer, board, or agency, heretofore done or taken upon the question of the authorization of the tax rate increase or the leasing. Whenever an election has been called and held prior to the effective date of the enactment of this section, for the purpose of submitting to the voters of any district the question of an increase in the maximum tax rate of the district and for the leasing of a building or buildings for the purposes of the district, the election and all proceedings attendant thereon are hereby confirmed, ratified, validated, and declared to be legally effective for all purposes, and the tax rate increase, if authorized by the required vote and in accordance with the proceedings heretofore taken, shall be a legal and valid authorization, in accordance with its terms, and any tax heretofore or hereafter levied pursuant to that authorization shall be legal and valid. The foregoing provisions of this section shall operate to supply any legislative authorization that may be necessary to validate the acts and proceedings heretofore taken which the Legislature could have supplied or provided for in this article. The foregoing provisions of this section shall be limited to the validation of acts and proceedings to the extent to which the same can be effectuated under the California and United States Constitutions. The foregoing provisions of this section shall not operate to confirm, ratify, validate, or legalize any act, proceeding, or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined or which may be pending and undetermined during the period of 30 days from and after the effective date of this section, and shall not operate to confirm, ratify, validate, or legalize any act, proceeding, or other matter which has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. In any school district in which an election was called and held prior to the effective date of this section in which the voters of the district authorized an increase in the maximum tax rate of the district and the leasing of a building or buildings for the purposes of the district, the law in effect at the date of the school district election shall govern the terms of the lease, the terms of the sale of related bonds, notes, and warrants, and the school district’s maximum bonded indebtedness, and Section 17423 shall not be applicable to the school district’s entry into any lease or agreement authorized at an election called and held prior to the effective date of this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17427. Source version: id_cf6b175f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. The State Allocation Board shall consider community school pupils housed in leased facilities that do not conform to the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations as unhoused for the purposes of determining priority for the leasing of portable classrooms pursuant to Chapter 14 (commencing with Section 17085) of Part 10. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17428. Source version: id_cf6b1761-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. The governing board of a school district may lease property in an adjoining school district for garage, warehouse, or other utility purposes or may purchase property in an adjoining school district for those purposes and may dispose of the property in the same manner as property within the boundary of the district is purchased and disposed of. The power of eminent domain shall not be applicable and the acquisitions by purchase shall be subject to the approval of the governing board of the school district in which the property is located. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2. Leasing Property [17400 - 17429] SECTION 17429. Source version: id_cf6b1763-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2. (a) This section shall apply only to a school district in which the electorate authorizes an increase in the maximum tax rate of the district pursuant to this article for the lease of one or more schools, and there exists at the time of the election on a site owned by the district a school facility not owned by the district meeting all of the requirements of Article 3 (commencing with Section 17280) of this chapter, which site and school facility are designated and described in the ballot proposition approved by the voters. (b) Notwithstanding any other law, a school district may lease from a California nonprofit corporation an existing school and may pay rentals therefor from funds derived from the increase in the maximum tax rate approved by the voters at an election. The purchase price of the school paid by the nonprofit corporation to the owners of the school shall not exceed the actual audited cost of construction thereof including actual interest paid on money borrowed to finance such construction. Prior to the purchase of the school by the nonprofit corporation, an independent certified public accountant shall be retained by the school district to verify the actual cost of construction and any interest paid to finance the construction, and the nonprofit corporation may conclusively rely upon any certificate or opinion setting forth the actual cost of construction and the interest prepared by the independent certified public accountant. (c) A school district, the electorate of which, prior to the effective date of this section, authorized an increase in the maximum tax rate in the manner, for the purposes, and under the circumstances specified in subdivision (a), may avail itself of the authority afforded by subdivision (b). (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17430. Source version: id_cf6c9e07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Notwithstanding any other law, the governing board of any school district may enter into a lease or agreement for any school facilities pursuant to this article with a nonprofit corporation organized under Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code if the articles of incorporation or bylaws of the nonprofit corporation provide for both of the following conditions: (a) No person shall be eligible to serve as a member or director of the nonprofit corporation, except a person initially approved by resolution of the governing board of the school district. (b) No part of the net earnings of the nonprofit corporation shall inure to the benefit of any member, private shareholder, individual, person, firm, or corporation, excepting only the school district. Any facilities constructed by a nonprofit corporation pursuant to a lease or agreement entered into pursuant to this article shall be constructed under a contract awarded to the lowest responsible bidder pursuant to Chapter 3.5 (commencing with Section 4220) of Division 5 of Title 1 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17431. Source version: id_cf6c9e09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Notwithstanding any other law, an owner’s development lien created pursuant to this article is a covenant for the benefit of the school district or districts expressly described therein which shall, upon recordation with the county recorder of the county in which the real property is located, run with the land described in the document by which the lien is placed of record. The owner’s development lien shall be binding upon successors in interest, during their ownership, of any portion of such land affected thereby and each person having an interest therein derived through any owner of the land owned by the covenantor. The covenant running with the land created by the owner’s development lien as provided in this section constitutes a valid covenant notwithstanding the fact that it is created in connection with only one estate and is imposed upon a single parcel and is intended to be for the benefit of a school district or districts who are not a landowner or owners. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17432. Source version: id_cf6c9e0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. The sale of bonds for the accomplishment of a school facilities plan shall be subject to the approval of the State Treasurer. Prior to the sale of any bonds, the State Allocation Board shall determine that the proposed facilities to be constructed with the bond proceeds are consistent with its building area and costs standards as to the area and facilities described in the school facilities plan pursuant to which the bonds are to be issued. The sale of the bonds shall be conducted in compliance with Chapter 10 (commencing with Section 5800) of Division 6 of Title 1 of the Government Code. However, the bonds may be sold at a negotiated sale. The State Treasurer and the State Allocation Board may impose a charge and collect a fee for reimbursement of actual costs incurred in accomplishing the approval and determination. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17433. Source version: id_cf6c9e0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Any rental payments required by any lease or agreement entered into pursuant to this article may be paid in annual installments or may be prepaid from state funds or other funds of the school district permissible by law to be used for those purposes at any time during the period of the lease or agreement. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17434. Source version: id_cf6c9e0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Whenever the governing board determines that a lease or agreement should be entered into with a nonprofit corporation, the board shall adopt a resolution of intention. The board shall have the following powers and shall state in the resolution all of the following: (a) The intention of the board to formulate a school facilities plan for the school district or a portion thereof. (b) A summary description of the facilities to be included within the school facilities plan. (c) The estimated expense of carrying out the school facilities plan, including all incidental expenses. (d) That a map depicting the exterior boundaries of the territory to be benefited by the school facilities plan is on file with the secretary of the school district and is available for inspection by any person or persons interested. (e) A legal description of the real property upon which an owner’s development lien is to be imposed and to be recorded with the county recorder of the county or counties in which the real property is located. (f) The intention of the board to cause the formation of a nonprofit corporation the purpose of which is to issue bonds, notes, or other obligations to finance the construction of the facilities included within the school facilities plan and to lease the facilities to the school district. (g) That pursuant to Section 17438, an owner’s development lien shall be imposed to the benefit of the school district on all real property described in the map on file with the secretary of the school district, exclusive of real property subject to restrictions that preclude development thereon, which shall specify the amount thereof and the maximum period of time over which the amount is to be paid, together with a specified maximum interest rate. (h) That the school district may enforce the lien, as to any amount or amounts in default, by judicial foreclosure proceedings as provided for in Section 17444. (i) That the owner’s development lien provided for in this article shall be imposed with the consent of all owners within the final map of the boundaries in equal amounts on each acre or portion thereof within the territory to be benefited by the school facilities plan or imposed pursuant to Section 17447. (j) That the proposed facilities may or may not be constructed within the boundaries of the territory to be benefited by the school facilities plan as depicted on the map described in subdivision (d). (k) That the benefited property may include noncontiguous territory and that real property may subsequently be included by the governing board, subject to the assumption of a pro rata share of all obligations incurred or to be incurred, plus an amount not less than all amounts collected pursuant to the owner’s development lien per acre or portion thereof. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17435. Source version: id_cf6c9e11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Subsequent to the adoption of the resolution pursuant to Section 17434, the secretary of the school district shall mail a copy of such resolution to each owner of property within the territory to be benefited from the school facilities plan as shown on the last equalized assessment roll, as well as the persons that the secretary can reasonably determine may have an interest in the property, except for those persons who have filed written waivers to receive copies of the resolution with the secretary of the district. A copy of the resolution shall be published pursuant to Section 6066 of the Government Code. The school district also shall give the notice to any persons who have in writing requested notice of the proceedings. The secretary of the district also shall mail copies of the resolution to any beneficiary under any deeds of trust on property within the territory to be benefited by the school facilities plan unless written waivers to receive the copies have been filed with the secretary of the school district. Any owner of real property or owner of an interest in real property, such as a trustee or beneficiary under a deed of trust or similar secured interest, may file written objections to the implementation of the school facilities plan with the secretary of the district, which written objections shall be filed with the secretary no later than 30 days from the date of the mailing of a copy of the resolution. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17436. Source version: id_cf6c9e13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. No sooner than 30 days from the date mailing occurs pursuant to Section 17435, the governing board of the school district may consider all written objections filed with the secretary of the school district and may, at its discretion, discontinue proceedings pursuant to this article or may adopt, after consideration of written objections, a resolution ordering the implementation of the school facilities plan for the purpose and for the benefit of that territory described in the resolution of intention, provided the owners described in Section 17435 have consented in writing to the owner’s development lien. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17437. Source version: id_cf6e24b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. The resolution ordering implementation of the school facilities plan shall state the following: (a) A legal description of the real property to which an owner’s development lien is to be imposed. (b) The names of all owners of record of the real property to which an owner’s development lien is to be imposed. (c) The total amount of the owner’s development lien to benefit the school district as described in subdivision (g) of Section 17434. (d) The real property described in the resolution shall be subject to an owner’s development lien for a pro rata share on each acre or portion thereof pursuant to this article or any other amount as herein provided. (e) That all owners of the real property described in the resolution have agreed on their behalf and on behalf of their successors in interest to pay the designated share of the owner’s development lien, have acknowledged that such agreement constitutes a covenant running with the land pursuant to Section 17431, have agreed that the obligation created is secured by the owner’s development lien as provided in this article, and have consented to the implementation of the owner’s development lien. (f) That a lease or agreement will be entered into with a nonprofit corporation. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17438. Source version: id_cf6e24b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. After adoption of the resolution ordering implementation of the school facilities plan, the resolution shall be recorded with the county recorder of the county or counties in which the real property subject to the owner’s development lien is located. Upon recordation of the resolution, an owner’s development lien is hereby created and attaches to the real property described therein for the cost of implementing the school facilities plan. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17439. Source version: id_cf6e24b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. No sooner than 90 days from the date a resolution is recorded pursuant to Section 17438, a nonprofit corporation which has entered into a lease or agreement with the school district pursuant to this article may issue bonds for the purpose of financing all or a portion of the school facilities plan approved pursuant to procedures of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17440. Source version: id_cf6e24bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Except as provided in Section 2192.1 of the Revenue and Taxation Code, an owner’s development lien imposed for the purposes of this article shall have the same priority as special assessment liens described in Article 13 (commencing with Section 53930) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. Except as to any due, unpaid and delinquent amount, the owner’s development lien shall not be deemed to be a prior encumbrance within the meaning of Section 766 of the Financial Code. From and after the date of the recording of the owner’s development lien, all persons shall be deemed to have notice of the contents thereof. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17441. Source version: id_cf6e24bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Additional territory may be added to the area described as being benefited by the school facilities plan in the discretion of the governing board, provided the owners of the real property to be added consent to the imposition of a lien for all present and future obligations as set forth in the school facilities plan and agree to pay to the district an amount at least equal to all amounts collected pursuant to the owner’s development lien. Any additional territory added to the area benefited by the school facilities plan pursuant to this section shall be the subject of a resolution described in Section 17437 and recorded pursuant to Section 17438. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17442. Source version: id_cf6e24bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. The governing board may bill and collect pursuant to the owner’s development lien and collect payments from the owners of all property subject to an owner’s development lien in amounts sufficient for the district to meet its rental obligations under any lease or agreement and to pay or reimburse any expenses incurred to implement the school facilities plan. The amounts due pursuant to the owner’s development liens shall be billed and collected in equal amounts on each acre or portion thereof as provided for in the owner’s development lien or as provided for in Sections 17437 and 17447. A school district electing to utilize the provisions of this article may enter into a contract with the county tax collector for the billing of the annual amounts billed pursuant to this section. The tax collector may collect these amounts together with and not separate from the taxes on the property. The county tax collector shall be entitled to a fee for the reasonable value of his or her services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17443. Source version: id_cf6e24c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. An owner’s development lien may be released by the governing board, provided funds are deposited with the board to pay the unpaid principal amount of the lien, plus any prepayment charges in an amount to be determined by the governing board. Upon receipt of these amounts, the board shall adopt a resolution specifically providing a legal description of the real property and the record title owners thereof subject to the release. The resolution shall be recorded with the county recorder of the county or counties in which the real property is located. Upon recordation of the resolution, the owner’s development lien shall be discharged and of no further effect. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17444. Source version: id_4f682d9b-2bb1-11e3-986d-eec746dc55f1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. (a) Any installment of an owner’s development lien created pursuant to this article shall become delinquent 30 days following billing thereof if unpaid, or if the installment is being collected by the county tax collector, at the time general taxes become delinquent. An installment shall be in default 30 days after written notice of the delinquency has been given by certified or registered mail to the record owner of the property subject to the lien and all lenders of record. (b) The governing board, not later than four years after the date of default of any payment, may order that the amount be collected by an action brought in superior court to foreclose against the real property subject to the owner’s development lien for the then delinquent installment of the owner’s development lien. The action shall affect only the delinquent amounts and shall not accelerate or require payment of any remaining amount of the owner’s development lien. (c) The lease agreement between the governing board and the nonprofit corporation may contain covenants for the benefit of bondholders providing that the governing board shall commence and diligently prosecute to completion any foreclosure action regarding delinquent installments of an owner’s development lien. The lease agreement may specify a deadline for commencement of the foreclosure action and any other terms and conditions that the governing board may determine to be reasonable. (d) The governing board may assign its rights under this section to the nonprofit corporation or to any trustee under the resolution adopted pursuant to Section 17437. (e) Costs in the action shall be fixed and allowed by the court and shall include, but are not limited to, reasonable attorneys’ fees, interest, penalties and other charges or advances authorized by this article, and when so fixed and allowed by the court, the costs shall be included in the judgment. The amount of penalties, costs, and interest due shall be calculated up to the date of judgment. (f) All matters pertaining to foreclosure, execution and sale shall be governed by the then existing law of California. However, notwithstanding any other law, the owner’s right of redemption shall be limited to 60 days following the date of sale of the owner’s interest. The owner’s development lien shall continue as security for all future required installment payments. Any remaining funds after foreclosure and payment of all obligations and costs of foreclosure of the delinquent installment of the owner’s development lien shall be paid pursuant to the priority of encumbrances of record and to the owner or owner’s successor as of the date of initiation of the foreclosure proceeding. (g) Foreclosures of installments of the owner’s development lien pursuant to this article shall not affect the priority of any scheme of community development approved by the Bureau of Real Estate, including, but not limited to, subdivision maps, condominium plans, covenants, conditions, restrictions, and easements whether recorded prior to or subsequent to the owner’s development lien. (Amended by Stats. 2013, Ch. 352, Sec. 67. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17445. Source version: id_cf6fab65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Any action to contest the validity of this article may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, except that an appeal from any judgment rendered in such action shall be made directly to the Supreme Court of the State of California. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17446. Source version: id_cf6fab67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. Notwithstanding any other provision contained in this article, and as an alternative method of accomplishing the purposes of this article, owner’s development liens may be imposed in unequal amounts on each acre or portion thereof in order that the liens may be based upon equal or equitable amounts for each individual dwelling unit after subdivision into lots or condominium units. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 2.5. Leasing Facilities [17430 - 17447] SECTION 17447. Source version: id_cf6fab69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=2.5. (a) As an alternate provision, owner’s development liens previously imposed upon a particular parcel or parcels of property which are subsequently subdivided may be apportioned to provide that the owner’s development liens shall be imposed upon the individual lots and condominium units created by one or more subdivisions. The liens need not necessarily be imposed upon a pro rata basis based upon acreage, but may be imposed pursuant to Section 17446 to provide for an equal or equitable portion of the total lien to be imposed upon each individual dwelling unit or resulting separate parcel. In imposing the owner’s development liens on individual lots and condominium units, there may be excluded from the liens property which becomes subject to restrictions that preclude development thereon including, but not limited to, areas of common ownership, streets, and easements. Prior to the apportionments of an owner’s development lien pursuant to this section, the governing board of the school district shall adopt a resolution which shall include the following: (1) A legal description of the real property on which an owner’s development lien has previously been imposed. (2) The intention of the governing board to apportion the owner’s development lien to provide for an equitable apportionment of the lien upon individual lots and condominium units within the properties to be subdivided. (3) A map showing the subdivided lands, together with the proposed owner’s development liens to be imposed upon the individual lots and condominium units within one or more such subdivisions. (b) Upon adoption of the resolution, the secretary of the school district shall mail a copy of the resolution to each owner of the property upon which the owner’s development lien has previously been imposed as shown on the last equalized assessment roll. A copy of this resolution shall be published pursuant to Section 6066 of the Government Code. The secretary of the school district shall mail copies of the resolution to any beneficiary of deeds of trust upon the property. No sooner than 30 days after the mailings, the governing board may consider objections to the proposed apportionment of the owner’s development lien. Provided that all owners of the parcels over which the lien is to be apportioned, including any beneficiary under any deeds of trust, or any beneficiary under any deed of trust, have consented, the owner’s development lien may be apportioned to provide for an equitable portion of the total development lien to be placed upon the individual lots, condominium units or separate parcels created within one or more of the subdivisions. A resolution approving the apportionment of the owner’s development lien shall thereafter be adopted and recorded with the county recorder of the county or counties in which the real property is located. Apportionment pursuant to this section shall be effective upon the recordation. The apportionment of the owner’s development lien shall in no way either increase or decrease the total amount of the owner’s development lien which has previously been imposed upon the properties involved. However, the original owner’s development lien which had been previously imposed shall be released of record at the time the apportionment of the lien pursuant to this section is recorded. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 3. Leasing of Equipment [17450 - 17453.1] SECTION 17450. Source version: id_cf71320d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=3. Any school district or any county superintendent of schools may, as lessee, enter into a lease or lease-purchase agreement for equipment or service systems with any persons, firm, corporation or public agency. As used in this article “equipment” includes all of the following: (1) Schoolbuses. (2) Other motor vehicles. (3) Test materials, educational films, and audiovisual materials. (4) All other items defined as equipment or service systems in the California School Accounting Manual. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 3. Leasing of Equipment [17450 - 17453.1] SECTION 17451. Source version: id_cf71320f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=3. Before a lease or lease-purchase agreement may be entered into the lessee shall comply with all applicable provisions for bids and contracts prescribed by Article 3 (commencing with Section 17595) of Chapter 5 of this part. Each contract shall show the total price for an outright purchase of any item and also its total cost for the entire specified term of the contract. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 3. Leasing of Equipment [17450 - 17453.1] SECTION 17452. Source version: id_cf72b8b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=3. The term of any lease or lease-purchase agreement shall not exceed the estimated useful life of the item but in no event shall the term exceed 10 years. A lease, but not a lease-purchase agreement, may be renewable at the option of the lessee and the lessor, jointly, at the end of each term at a rate not more than 12 percent annually above the rate set pursuant to the existing agreement. In no event shall the combined period of the original lease and renewals or extensions exceed 10 years. Any contract for the lease or lease-purchase of equipment or service systems which was in existence prior to April 22, 1975, shall remain in effect and such terms are hereby ratified. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 3. Leasing of Equipment [17450 - 17453.1] SECTION 17453. Source version: id_cf72b8b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=3. As a lessor, a school district governing board is authorized to let, or let with option to purchase, any land, buildings, or equipment it determines is not needed for school purposes for a term extending to the end of the expected nonuse of the land, buildings, or equipment and under any conditions it deems reasonable. All of these leases and leases with options to purchase to nonpublic agencies or individuals shall comply with the provisions of Sections 17545, 17546, 17547, and 17548. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 3. Leasing of Equipment [17450 - 17453.1] SECTION 17453.1. Source version: id_cf72b8b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=3. (a) Notwithstanding any other provision of law, a school district may sell or lease Internet appliances or personal computers to parents of pupils within the school district, for the purpose of providing access to the school district’s educational computer network, at a standard price, not to exceed the cost incurred by the school district in purchasing the Internet appliance or personal computer. A school district that elects to sell or lease Internet appliances or personal computers, as authorized by this section, shall provide access to the school district’s educational network for those families that cannot afford access to the school district’s educational network. Notwithstanding any other provision of law, in conducting a sale or lease pursuant to this section a school district shall not be required to call for bids or to sell or lease Internet appliances or personal computers to the highest bidder. For purposes of this section, an “Internet appliance” is a technological product that allows a person to connect to, or access, an online educational network. (b) The Legislature finds and declares that the Internet appliances or personal computers that are sold or leased pursuant to this section are not an essential part of the school district’s educational program, but are supplemental to that program. (Added by Stats. 2001, Ch. 896, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17455. Source version: id_cf72b8b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The governing board of any school district may sell any real property belonging to the school district or may lease for a term not exceeding 99 years, any real property, together with any personal property located thereon, belonging to the school district which is not or will not be needed by the district for school classroom buildings at the time of delivery of title or possession. The sale or lease may be made without first taking a vote of the electors of the district, and shall be made in the manner provided by this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17456. Source version: id_79c34b2c-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Notwithstanding Section 17455, the sale by the governing board of a school district of any real property belonging to the school district or the lease by that governing board, for a term not exceeding 99 years, of any real property, together with any personal property located thereon, belonging to the school district shall not be subject to any other provision of this chapter, to Article 5 (commencing with Section 17485), or to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, if all of the following conditions are met: (a) The property is sold or leased to another local governmental agency, or to a nonprofit corporation that is organized for the purpose of assisting one or more local governmental agencies in obtaining financing. (b) (1) In the case of the sale of school district property pursuant to this section, the school district, as part of that same sale transaction, simultaneously repurchases the same property that is the subject of the transaction. (2) In the case of the lease of school district property pursuant to this section, the school district, as part of that same lease transaction, simultaneously leases back, for a term that is not substantially less than the term of that lease, the same property that is the subject of the transaction. (c) (1) The financing proceeds obtained by the school district pursuant to the transaction described in this section are expended solely for capital outlay purposes, including the acquisition of real property for intended use as a schoolsite and the construction, reconstruction, and renovation of school facilities. (2) For purposes of this section, the construction, reconstruction, or renovation of rental housing facilities for school district employees constitutes a permissible capital outlay expenditure of the financing proceeds obtained by the school district. (Amended by Stats. 2017, Ch. 717, Sec. 2. (AB 1157) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17457. Source version: id_cf743f5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Notwithstanding any other provision of this part, in connection with a sale, sale back, lease, or leaseback of school district property, no proceeds obtained by the school district from the sale of the sale back or leaseback agreement, or interests therein, or a debt instrument payable from payments under the sale back or leaseback agreement shall be used for general operating purposes of the school district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17457.5. Source version: id_243761dd-e389-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, the governing board of a school district seeking to sell or lease real property designed to provide direct instruction or instructional support it deems to be surplus property shall first offer that property for sale or lease to any charter school that, at the time of the offer, has projections of at least 80 units of in-district average daily attendance for the following fiscal year, and has submitted a written request to the school district to be notified of surplus property offered for sale or lease by the school district, pursuant to the following conditions: (1) The real property sold or leased shall be used by the charter school exclusively to provide direct instruction or instructional support. (2) If the charter school purchased real property pursuant to this section and fails to comply with paragraph (1), or otherwise desires to dispose of the real property, all of the following shall apply: (A) The charter school shall immediately offer that real property for sale to the school district that previously owned the property. The charter school shall comply, in that regard, with all requirements under this section that would otherwise apply to a school district. (B) If the school district does not desire to purchase that real property from the charter school, the school district shall furnish a list of charter schools that have requested notification of surplus property pursuant to subdivision (a). The charter school that owns the real property shall offer that real property for sale to the charter schools on this list and comply with all requirements under this section that would otherwise apply to a school district. In the event the charter school selling property receives more than one offer, the charter school may determine to which charter school it will sell the property. The charter school purchasing the real property shall comply with all provisions of this section. (C) If that real property remains unsold pursuant to subparagraph (A) or (B), the charter school selling the real property shall offer that property for sale pursuant to Article 5 (commencing with Section 17485). The charter school shall comply with all requirements under that article that would otherwise apply to a school district, except that a sale price computed under subdivision (a) of Section 17491 shall be based upon the cost of acquisition incurred by the school district that sold the property pursuant to this subdivision, rather than that incurred by the charter school. (D) If all or part of the real property remains unsold pursuant to subparagraph (C), the charter school selling that real property shall dispose of the remaining property pursuant to subdivisions (c), (d), (e), and (f) of Section 17464. References in Section 17464 to a school district shall mean the charter school selling the real property. (3) In the event, alternatively, of a lease of real property pursuant to this subdivision, the failure by the charter school to comply with paragraph (1) shall constitute a breach of the lease, entitling the school district to immediate possession of the real property, in addition to any damages to which the school district may be entitled under the lease agreement. (4) The school district, and each of the entities authorized to receive offers of sale pursuant to this article or Article 5 (commencing with Section 17485), has standing to enforce the conditions set forth in this subdivision, and shall be entitled to the payment of reasonable attorney’s fees incurred as a prevailing party in any action or proceeding brought to enforce any of those conditions. (b) A school district seeking to sell or lease real property designed to provide direct instruction or instructional support it deems to be surplus property shall provide a written offer to any charter school that, at the time of the offer, has projections of at least 80 units of in-district average daily attendance for the following fiscal year, and has submitted a written request to the school district to be notified of surplus property offered for sale or lease by the school district. A charter school desiring to purchase or lease the property shall, within 60 days after a written offer is received, notify the school district of its intent to purchase or lease the property. In the event more than one charter school notifies the school district of their intent to purchase or lease the property, the governing board of the school district may determine to which charter school to sell or lease the property. (c) The price at which property described in this section is sold pursuant to this section shall not exceed the school district’s cost of acquisition, adjusted by a factor equivalent to the percentage increase or decrease in the cost of living from the date of purchase to the year in which the offer of sale is made, plus the cost of any school facilities construction undertaken on the property by the school district since its acquisition of the land, adjusted by a factor equivalent to the increase or decrease in the statewide cost index for class B construction, as annually determined by the State Allocation Board pursuant to Section 17072.10, from the year the improvement is completed to the year in which the sale is made. In the event a statewide cost index for class B construction is not available, the school district shall use a factor equal to the average statewide cost index for class B construction for the preceding 10 calendar years. In no event shall the price be less than 25 percent of the fair market value of the property described in this section or less than the amount necessary to retire the share of local bonded indebtedness plus the amount of the original cost of the approved state aid applications on the property. The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1 of the applicable year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the schoolsite is located. (d) Land that is leased pursuant to this section shall be leased at an annual rate of not more than 5 percent of the maximum sales price determined pursuant to subdivision (c), adjusted annually by a factor equivalent to the percentage increase or decrease in the cost of living for the immediately preceding year. The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1 of the applicable year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the schoolsite is located. (e) The sale or lease of the real property of a school district, as authorized under subdivision (a), shall not occur until the school district advisory committee has held hearings pursuant to subdivision (c) of Section 17390. (f) This section shall only apply to real property identified by a school district as surplus property after July 1, 2012. A school district selling or leasing surplus property is not required to offer that property to a charter school pursuant to this section on or after July 1, 2016. (g) The construction of a school building, as defined in Section 17368, located on real property purchased by a charter school pursuant to this section shall comply with the design and construction requirements pursuant to Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). The reconstruction or alteration of, or an addition to, a school building, as defined in Section 17368, located on real property purchased by a charter school pursuant to this section is required to comply with the design and construction requirements pursuant to Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) only if the building complied with those sections on the date the real property was purchased by the charter school. (h) A charter school selling real property obtained pursuant to this section shall use the proceeds only for capital outlay, maintenance, and other facility-related costs. (Amended by Stats. 2013, Ch. 48, Sec. 21. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17458. Source version: id_febe1c43-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, the governing board of a school district complying with Section 101238.2 of Title 22 of the California Code of Regulations and seeking to sell or lease real property it deems to be surplus property and for which a charter school has not accepted an offer to purchase or lease pursuant to Section 17457.5, may first offer that property for sale or lease to a contracting agency, as defined in Section 8208, pursuant to the following conditions: (1) The real property sold or leased shall be used by the contracting agency, or by a successor in interest to the contracting agency, exclusively for the delivery of child care and development services, as defined in Section 8208, for a period of not less than five years from the date upon which the real property is made available to that agency, or successor in interest, pursuant to the sale, or, in the event of a lease, until the real property is returned to the possession of the school district, whichever occurs earlier. (2) In the event that the contracting agency, or any successor in interest, fails to comply with the condition set forth in paragraph (1), that agency, or successor in interest, that purchased the real property, is required immediately to offer that real property for sale pursuant to this article and Article 5 (commencing with Section 17485) and to sell the property pursuant to those provisions. The agency, or its successor in interest, shall comply, in that regard, with all requirements under those provisions that would otherwise apply to a school district, except that a sale price computed under subdivision (a) of Section 17491 shall be based upon the cost of acquisition incurred by the school district that sold the property pursuant to this subdivision, rather than that incurred by the contracting agency or its successor in interest. In the event, alternatively, of a lease of real property pursuant to this subdivision, the failure by the contracting agency, or any successor in interest, to comply with paragraph (1) shall constitute a breach of the lease, entitling the school district to immediate possession of the real property, in addition to any damages to which the school district may be entitled under the lease agreement. (3) The school district, and each of the entities authorized to receive offers of sale pursuant to this article or Article 5 (commencing with Section 17485), has standing to enforce the conditions set forth in this subdivision, and shall be entitled to the payment of reasonable attorneys’ fees incurred as a prevailing party in any action or proceeding brought to enforce any of those conditions. (b) No sale or lease of the real property of a school district, as authorized under subdivision (a), may occur until the school district advisory committee has held hearings pursuant to subdivision (c) of Section 17390. (c) This section is in addition to, and shall not limit the requirements of, Article 5 (commencing with Section 17485), but this section may be used with regard to property that the governing board of a school district may retain under Section 17490. (Amended by Stats. 2012, Ch. 38, Sec. 37.5. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17459. Source version: id_cf743f61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The sale of real property pursuant to this article shall be subject to the provisions of Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17460. Source version: id_cf743f63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) Notwithstanding subdivision (c) of this section or Sections 17456, 17457, and 42133, the West Contra Costa Unified School District, formerly known as the Richmond Unified School District, may enter into an agreement to lease any real property pursuant to Section 17456 and may use the financing proceeds from the agreement to terminate the Lease-Purchase Agreement, dated May 1, 1988, between the Richmond Unified School District Financing Corporation and the Richmond Unified School District. However, any property that has been leased, rented, sold, or otherwise utilized pursuant to Section 41470 may not be leased pursuant to this section. (b) The West Contra Costa Unified School District shall notify the Controller at the time the district enters into a lease agreement pursuant to subdivision (a). That notice shall set forth a schedule of the rental payments payable under the lease agreement and shall include the name and address of the trustee to whom the right to receive the rental payments has been assigned. (c) Upon written notification by the trustee that the school district has not made one or more of the rental payments required by the terms of the lease, the Controller shall pay to the trustee from Section A of the State School Fund the defaulted rental payment. That payment by the Controller shall not exceed the amount of any apportionment entitlement of the district to moneys in Section A of the State School Fund, less any payments required in that fiscal year to repay any state loans made to the district. The Controller shall withhold the amount of any payment made under this subdivision, including reimbursement of the Controller’s administrative costs as determined under a schedule approved by the California Debt Advisory Commission, from subsequent apportionments to the West Contra Costa Unified School District from Section A of the State School Fund. (d) Nothing in this section shall be construed to obligate the state to make any payment to, or on behalf of, the West Contra Costa Unified School District from Section A of the State School Fund in any amount, pursuant to any particular allocation formula, or to make any other payment to, or on behalf of, the district, including, but not limited to, any payment of those rental payments. (e) Any apportionments made by the Controller pursuant to subdivision (c) shall be deemed to be an allocation to the West Contra Costa Unified School District for purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution, and for purposes of Chapter 2 (commencing with Section 41200) of Part 24. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17461. Source version: id_cf743f65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) The governing board of any school district that has, by majority vote, established a standard rate or rates for the lease pursuant to this article of its real property may, by majority vote, delegate to the officer or employee as the governing board may designate, the power to enter into any lease, for and on behalf of the district, of any real property of the school district, with respect to which real property either the district has received only one sealed proposal that conforms with the existing standard rate or rates, from a responsible bidder, and no oral bid that would meet the requirements of Section 17473, or the lease is to be entered into pursuant to Section 17480. (b) The governing board of any school district may, by majority vote, delegate to such officer or employee as the governing board may designate, the power to enter into any lease, permit, or agreement for the use by the district of buildings or other facilities if the use is to be granted to the district without charge. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17462. Source version: id_34866874-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) The funds derived from the sale of surplus property shall be used for capital outlay or for costs of maintenance of school district property that the governing board of the school district determines will not recur within a five-year period. Proceeds from a lease of school district property with an option to purchase may be deposited into a restricted fund for the routine repair of district facilities, as defined by the State Allocation Board, for up to a five-year period. In addition, the proceeds from the sale or lease with option to purchase may be deposited in the general fund of the district if the school district governing board and the State Allocation Board have determined that the district has no anticipated need for additional sites or building construction for the ten-year period following the sale or lease with option to purchase, and the district has no major deferred maintenance requirements. Proceeds from the sale or lease with option to purchase of school district property shall be used for one-time expenditures, and may not be used for ongoing expenditures including, but not limited to, salaries and other general operating expenses. (b) The proceeds may also be deposited into a special reserve fund for capital outlay, for costs of maintenance of school district property that the governing board determines will not recur within a five-year period, or for the future maintenance and renovation of schoolsites if the district governing board and the State Allocation Board have determined that the district has no anticipated need for schoolsites or building construction or major deferred maintenance projects for a ten-year period following the sale or lease with option to purchase. Proceeds deposited in the special reserve fund shall not be available for general operating expenses as provided in Section 42842. (c) The State Allocation Board, in consultation with the department, shall adopt regulations that govern the use of proceeds pursuant to this section for one-time expenditures and define ongoing expenditures for purposes of subdivision (a). (d) Notwithstanding a determination by the State Allocation Board pursuant to subdivision (a) that a school district has no anticipated need for additional sites or building construction for the ten-year period following the sale or lease with option to purchase of surplus school property, the district may apply for new construction or modernization funding pursuant to this chapter if both of the following conditions are satisfied: (1) Five years have elapsed since the date upon which the sale or lease with option to purchase was executed. (2) The State Allocation Board determines that the district has demonstrated enrollment growth or a need for additional sites or building construction that the district could not have easily anticipated at the time the board made its original determination that the district had no anticipated need for the ten-year period following the sale or lease with option to purchase. (Amended by Stats. 2006, Ch. 810, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17462.3. Source version: id_39bbe74c-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) The State Allocation Board may establish a program that requires a school district, county office of education, or charter school that sells real property that was purchased with or modernized with, or on which improvements were constructed that were funded with, any moneys from a state school facilities funding program, to return to the State Allocation Board the moneys the school district, county office of education, or charter school received from the state school facilities funding program for the purchase, modernization, or construction if all of the following conditions are met: (1) The real property is not sold to a charter school pursuant to Section 17457.5, a school district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services pursuant to Section 17458. (2) The proceeds from the sale of the real property are not used for capital outlay. (3) The real property was purchased, or the improvements were constructed or modernized on the real property, within 10 years before the real property is sold. (b) The moneys to be returned to the State Allocation Board under this section are those received within 10 years before the real property is sold. (c) If a portion of the real property is sold, a proportionate amount of funds received from a state school facilities funding program shall be returned to the State Allocation Board under this section based on the percentage of the real property sold. (Amended by Stats. 2014, Ch. 262, Sec. 1. (AB 1664) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17462.7. Source version: id_cf75c60b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The board shall reduce an apportionment of hardship assistance awarded to a school district pursuant to Article 8 (commencing with Section 17075.10) by an amount equal to the amount of any proceeds from the sale of surplus property used for a one-time expenditure of the school district pursuant to Section 17462.5 for five years following the expenditure. (Added by Stats. 2003, Ch. 891, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17463. Source version: id_f3ed06cf-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Notwithstanding Section 17462, a school district having an average daily attendance of less than 10,001 in any fiscal year may deposit any and all interest earned on the funds derived from the sale in that fiscal year of surplus property into the general fund of the school district for any general fund purpose, subject to the following conditions: (a) Before that deposit, the school district shall submit to the State Allocation Board a capital outlay plan for the school district for a period of five years following that sale, together with a declaration of the finding by the governing board of the school district that the school facilities needs of the school district can be met over that five-year period without funding or other assistance from any state school facilities funding program. No later than the date upon which that initial five-year period concludes, the school district shall submit to the State Allocation Board a capital outlay plan for the school district for the subsequent five-year period. (b) Before the decision to place that interest money into the school district’s general fund, the governing board of the school district shall consider the extent to which it is necessary or appropriate to expend that money to meet the school district’s needs relative to capital outlay, facilities, modernization, and deferred maintenance. In addition, as to any interest money deposited into the school district’s general fund pursuant to this section, the governing board of the school district shall consider the extent to which it is necessary or appropriate to expend the money to meet the school district’s needs relative to ongoing maintenance before expending that money for any other purpose. (c) A school district that deposits interest into its general fund pursuant to the authority set forth in this section shall not be eligible during the 10-year period described in subdivision (a) for funding or other assistance under Chapter 12 (commencing with Section 17000) or Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program. (d) If a school district seeks state funding pursuant to Chapter 12 (commencing with Section 17000) of Part 10, Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program, on or after the expiration of the 10-year period specified in subdivision (c), any state funding received by the school district from the program shall be reduced by any remaining funds derived from the sale of that surplus property by the school district and any unencumbered interest earned on those funds. (Amended by Stats. 2015, Ch. 386, Sec. 11. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17463.5. Source version: id_d4cf78d4-bd06-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) For purposes of this section, “designated school district” means the Inglewood Unified School District, the Oakland Unified School District, the South Monterey County Joint Union High School District, and the Vallejo City Unified School District. (b) (1) Notwithstanding Sections 17456, 17457, 17462, 17462.7, and 17463, or any other law, until the emergency apportionment loan is repaid, a designated school district with an outstanding emergency apportionment loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, as of July 1, 2018, may sell or lease surplus real property, together with any personal property located on the real property, owned by the designated school district and use the proceeds from the sale or lease to service, reduce, or retire the debt on the emergency apportionment loan, or for capital improvements of the facilities of the designated school district pursuant to subdivisions (a) and (b) of Section 17462. (2) The sale or lease of surplus real property pursuant to this subdivision shall be sold or leased pursuant to Section 17458, 17464, or 17489, as applicable. (c) Notwithstanding any other law, a designated school district that uses the proceeds from the sale or lease of surplus real property pursuant to subdivision (b) shall not be eligible for financial hardship assistance pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10. (d) Nothing in this section shall be construed as modifying the responsibility of a designated school district to accommodate pupils in accordance with Section 47614. (e) Nothing in this section shall exclude the designated school districts with outstanding emergency apportionment loans, pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, as of July 1, 2018, except as provided in subdivision (c), from participating in or benefitting from any program authorized pursuant to Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), or Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program. (f) Notwithstanding any other law, this section shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent. (Added by Stats. 2018, Ch. 426, Sec. 5. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17463.7. Source version: id_82475633-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) Notwithstanding any other law, a school district may deposit the proceeds from the sale or lease of surplus real property, together with any personal property located on the property, purchased with nonstate funds, into the general fund of the school district and may use the proceeds for any one-time general fund purpose. If the purchase of the property was made using the proceeds of a local general obligation bond or revenue derived from developer fees, the amount of the proceeds of the transaction that may be deposited into the general fund of the school district may not exceed the percentage computed by the difference between the purchase price of the property and the proceeds from the transaction, divided by the amount of the proceeds of the transaction. For purposes of this section, proceeds of the transaction means either of the following, as appropriate: (1) The amount realized from the sale of property after reasonable expenses related to the sale. (2) For a transaction that does not result in a lump-sum payment of the proceeds of the transaction, the proceeds of the transaction shall be calculated as the net present value of the future cashflow generated by the transaction. (b) The State Allocation Board shall reduce an apportionment of hardship assistance awarded to the particular school district pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10, except an apportionment of hardship assistance awarded pursuant to paragraph (2) of subdivision (b) of Section 17075.10, by an amount equal to the amount of the sale of surplus real property used for a one-time expenditure of the school district pursuant to this section. (c) Before a school district exercises the authority granted pursuant to this section, the governing board of the school district shall first submit to the State Allocation Board documents certifying both of the following: (1) The sale of real property pursuant to this section does not violate the provisions of a local bond act. (2) The real property is not suitable to meet projected school construction needs for the next 10 years. (d) Before the school district exercises the authority granted pursuant to this section, the governing board of the school district shall adopt a plan at a public meeting for expending one-time resources pursuant to this section. The plan shall identify the source and the intended use of the surplus property proceeds and describe the reasons why the expenditure will not result in ongoing fiscal obligations for the school district. (e) (1) Except for the sale or lease of surplus real property that has previously operated, or was constructed to be operated, as an early childhood education facility or a school for elementary and secondary instruction, the governing board of a school district shall not be required to appoint a school district advisory committee pursuant to Article 1.5 (commencing with Section 17387). (2) It is the intent of the Legislature to allow a school district to meet the requirements to offer surplus properties set forth in the Education and Government Codes by making an offer simultaneously to all applicable entities. (f) The Office of Public School Construction shall submit an interim and a final report to the State Allocation Board and the budget, education policy, and fiscal committees of the Legislature that identifies the school districts that have exercised the authority granted by this section, the amount of proceeds involved, and the purposes for which those proceeds were used. The interim report shall be submitted by June 1, 2022, and the final report shall be submitted by January 1, 2026. (g) For any transaction for the sale or lease of surplus property a school district initiates pursuant to this section before June 30, 2024, the proceeds from the sale or lease transaction that are received after June 30, 2024, shall be considered proceeds that can be deposited in accordance with this section. (h) Subdivisions (a) to (e), inclusive, shall become inoperative on July 1, 2024, subdivision (f) shall become inoperative on January 15, 2026, and this section as of January 1, 2027, is repealed. (Amended by Stats. 2021, Ch. 124, Sec. 17. (AB 938) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17464. Source version: id_03c5a5a5-c7b8-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Except as provided for in Article 2 (commencing with Section 17230) of Chapter 1, the sale or lease with an option to purchase of real property by a school district shall be in accordance with the following priorities and procedures: (a) First, the property shall be offered for sale or lease pursuant to Section 17457.5 to any interested charter school for purposes of providing direct instruction or instructional support. (b) Second, the property shall be offered for park or recreational purposes pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, in any instance in which that article is applicable. (c) Third, the property shall be offered for sale or lease with an option to purchase, at fair market value in both of the following ways: (1) In writing, to the Director of General Services, the Regents of the University of California, the Trustees of the California State University, the county and city in which the property is situated, to any public housing authority in the county in which the property is situated, and to any entity referenced in paragraph (2) that has submitted a written request to the school district to be directly notified of the offer for sale or lease with an option to purchase the real property by the school district. (2) By public notice to any public district, public authority, public agency, public corporation, or any other political subdivision in this state, to the federal government, and to nonprofit charitable corporations existing on December 31, 1979, and organized pursuant to Part 3 (commencing with Section 10200) of Division 2 of Title 1 of the Corporations Code then in effect or organized on or after January 1, 1980, as a public benefit corporation under Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. Public notice shall consist of at least publishing its intention to dispose of the real property in a newspaper of general circulation within the school district, or if there is no newspaper of general circulation in the school district, then in any newspaper of general circulation that is regularly circulated in the school district. The notice shall specify that the property is being made available to all public districts, public authorities, public agencies, and other political subdivisions or public corporations in this state, and to other nonprofit charitable or nonprofit public benefit corporations. (d) Publication of notice pursuant to this section shall be once each week for three successive weeks. Three publications in a newspaper regularly published once a week or more often, with at least five days intervening between the respective publication dates not counting the publication dates, are sufficient. The written notice required by paragraph (1) of subdivision (c) shall be mailed no later than the date of the second published notice. (e) The entity desiring to purchase or lease the property shall, within 60 days after the third publication of notice, notify the school district of its intent to purchase or lease the property. If the entity desiring to purchase or lease the property and the school district are unable to arrive at a mutually satisfactory price or lease payment during the 60-day period, the property may be disposed of as otherwise provided in this section. In the event the school district receives offers from more than one entity pursuant to this subdivision, the school district governing board may determine which of these offers to accept. (f) Fourth, the property may be disposed of in any other manner authorized by law. (g) This section shall become operative January 1, 1988. (Amended by Stats. 2012, Ch. 38, Sec. 37.7. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17465. Source version: id_cf774cb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) As used in this section, the terms “district,” “special education local plan area,” and “county office” have the same meaning as prescribed by Part 30 (commencing with Section 56000). (b) The governing board of a school district that adopts a resolution of intent to lease vacant classrooms shall first offer to lease the classrooms for special education programs that are provided by either other districts that comprise part of the special education local plan area in which the leasing district is included or by the county office having jurisdiction over the leasing district, to the pupils of the leasing district, in whole or in part. (c) Upon adoption of the resolution, the governing board shall notify, in writing, other districts or the county office, as specified in subdivision (b), of its intent to lease vacant classrooms. The notice shall describe the vacant classrooms, shall specify that the lease shall not exceed a term of 99 years and that the lease payment and other terms of the lease are subject to negotiation, and shall state that the offer to lease is valid for no more than 60 days after receipt thereof. (d) Notwithstanding Section 17466, the governing board may include in its resolution a time for a public meeting of the governing board to be held at its regular place of meeting at which sealed proposals to lease will be received and considered, and, notwithstanding Section 17469, may post copies of the resolution and publish notice of the adoption of the resolution. However, the governing board shall not act on any proposal prior to the first of the following conditions occurring: (1) Receipt from the county superintendent or the public education agency, as appropriate, of its intent to lease the classrooms or of its intent not to do so. (2) Expiration of the 60-day period prescribed by subdivision (c). (e) An entity desiring to lease the vacant classrooms shall, within 60 days from receipt of the notification, inform the governing board, in writing, of its intent to lease or not to lease the classrooms. (f) (1) The lease payments and other terms of the lease for vacant classrooms leased to other districts or to the county office, as specified in subdivision (b), shall be negotiated by the entity desiring to lease the vacant classrooms and the governing board. Any entity eligible to lease vacant classrooms pursuant to this section and any governing board may negotiate lease payments prior to the availability of the vacant classrooms. (2) The lease payments shall not exceed the district’s actual costs for maintenance, operation, and custodial services for the leased classrooms. (3) If more than one governing board offers to lease classrooms, the entity desiring to lease such classrooms may elect to negotiate either individually with each district, or jointly, with some or all of such districts. If the entity elects joint negotiations, the lease payments shall not exceed the participating districts’ average actual costs for maintenance, operation, and custodial services for the leased classrooms. (g) If the governing board and the entity desiring to lease the classrooms are unable to complete negotiations for the lease and arrive at a mutually satisfactory lease within the same 60-day period that the entity has to inform the governing board of its intent to lease or not lease, the governing board may lease the classrooms in accordance with the provisions of this article. (h) If vacant classrooms are available in both operating and nonoperating schools, the governing board, prior to adopting a resolution of intent to lease, shall consider which school would provide the environment least restrictive to the needs of handicapped pupils or individuals with exceptional needs, as appropriate, for whom the county superintendent or public education agency provides special education programs. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17466. Source version: id_cf774cb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Before ordering the sale or lease of any property the governing board, in a regular open meeting, by a two-thirds vote of all its members, shall adopt a resolution, declaring its intention to sell or lease the property, as the case may be. The resolution shall describe the property proposed to be sold or leased in such manner as to identify it and shall specify the minimum price or rental and the terms upon which it will be sold or leased and the commission, or rate thereof, if any, which the board will pay to a licensed real estate broker out of the minimum price or rental. The resolution shall fix a time not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17467. Source version: id_5d355754-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) In lieu of the declaration of intention to lease real property provided in Section 17466, the governing board of any school district having an average daily attendance of 250,000 or more as shown by the annual report of the county superintendent of schools for the preceding year may publish a notice three times in a period of not less than 15 days in a newspaper of general circulation published in the district. The notice shall describe the property proposed to be leased in a manner as to identify it and shall specify the minimum rental and terms upon which it will be leased. The notice shall fix a time not less than 15 days thereafter for a public meeting of the governing board to be held at its regular place of meeting at which the proposal to lease will be received and considered. (b) The governing board by majority vote may adopt a ruling delegating to an officer or employee of the school district as the governing board may designate, authority to perform the duties prescribed in this section. (c) Bids received under this section shall be received, accepted, or rejected in accordance with the provisions of this article. (Amended by Stats. 2022, Ch. 920, Sec. 2. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17468. Source version: id_cf78d359-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. If, in the discretion of the board, it is advisable to offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any proposal, the commission shall be specified in the resolution. No commission shall be paid unless there is contained in or with the sealed proposal or stated in or with the oral bid, which is finally accepted, the name of the licensed real estate broker to whom it is to be paid, and the amount or rate thereof. Any commission shall, however, be paid only out of money received by the board from the sale or rental of the real property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17469. Source version: id_cf78d35b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the board or by a majority thereof in three public places in the district, not less than 15 days before the date of the meeting, and by publishing the notice not less than once a week for three successive weeks before the meeting in a newspaper of general circulation published in the county in which the district or any part thereof is situated, if any such newspaper is published therein. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17470. Source version: id_cf78d35d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) The governing board of a school district that intends to sell real property pursuant to this article shall take reasonable steps to ensure that the former owner from whom the district acquired the property receives notice of the public meeting prescribed by Section 17466, in writing, by certified mail, at least 60 days prior to the meeting. (b) The governing board of a school district shall not be required to accord the former owner the right to purchase the property at the tentatively accepted highest bid price nor to offer to sell the property to the former owner at the tentatively accepted highest bid price. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17471. Source version: id_cf78d35f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Whenever it is proposed to lease real property and the governing board unanimously determines in the resolution that in its opinion, the monthly rental value of the property does not exceed the sum of fifty dollars ($50), the resolution need not be posted and may, before the date of the meeting, be published in two successive issues of a weekly newspaper or in five successive issues of a daily newspaper. The newspaper in which the notice is published shall be one published in the district and having a general circulation there; or if there is no newspaper, then one having a general circulation in the district; or if there is no newspaper, then in one having a general circulation in a county in which the district or any part thereof is situated. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17472. Source version: id_cf78d361-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or to lease and which are made by responsible bidders, the proposal which is the highest, after deducting therefrom the commission, if any, to be paid a licensed real estate broker in connection therewith, shall be finally accepted, unless a higher oral bid is accepted or the board rejects all bids. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17473. Source version: id_cf78d363-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the property or to lease the property, as the case may be, upon the terms and conditions specified in the resolution, for a price or rental exceeding by at least 5 percent, the highest written proposal, after deducting the commission, if any, to be paid a licensed real estate broker in connection therewith, then the oral bid which is the highest after deducting any commission to be paid a licensed real estate broker, in connection therewith, which is made by a responsible person, shall be finally accepted. Final acceptance shall not be made, however, until the oral bid is reduced to writing and signed by the offeror. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17474. Source version: id_cf7a5a05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. In the event of a sale on a higher oral bid to a purchaser procured by a licensed real estate broker, other than the broker who submitted the highest written proposal, and who is qualified as provided in Section 17468 of this code, the board shall allow a commission on the full amount for which the sale is confirmed. One-half of the commission on the amount of the highest written proposal shall be paid to the broker who submitted it, and the balance of the commission on the purchase price to the broker who procured the purchaser to whom the sale was confirmed. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17475. Source version: id_cf7a5a07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17476. Source version: id_cf7a5a09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The governing body may at the session, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17477. Source version: id_cf7a5a0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. (a) (1) If the governing board has complied with the provisions of this article, and no proposals are submitted or the proposals submitted do not conform with all terms and conditions specified in the resolution of intent to lease, the governing board may within one year thereafter, or one year after the passage of 30 days from the rejection of a public entity’s nonconforming proposal, as appropriate, lease such real property, together with any personal property located thereon, to any lessee, at a price not less than fair market value in accordance with any terms and conditions agreed upon by the governing board and the lessee, except that the term of a lease shall not exceed three years. Sections 17461, 17464, and 17466 to 17469, inclusive, and Sections 17471 to 17473, inclusive, shall not apply to the lease. (2) The governing board may by majority vote delegate an officer or employee of the district, or any other third person, to secure a lessee and to negotiate the terms and conditions of the lease. However, the lease shall not be executed unless the governing board by majority vote, at a public meeting, approves the lease. (3) If a public entity has submitted a nonconforming proposal, the governing board shall not take any action pursuant to this subdivision until 30 days after the rejection of the proposal. (b) Subdivision (a) shall not apply if a public entity has submitted a proposal that does not conform with all the terms and conditions specified in the resolution of intent to lease, and if the public entity requests, in writing, within 30 days from the rejection of its proposal, that the governing board lease the real property, subject to the resolution of intent, in accordance with this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17478. Source version: id_cf7a5a0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Any resolution of acceptance of any bid made by the governing body authorizes and directs the president of the governing body, or other presiding officer, or the members thereof, to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessee of all the terms or conditions of his or her contract to be performed concurrently therewith. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17479. Source version: id_cf7a5a0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. Nothing in Sections 17455 to 17542, inclusive, shall prevent the governing board of any school district from acquiring, leasing or subleasing property pursuant to Section 1261 of the Military and Veterans Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17480. Source version: id_cf7a5a11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The governing board of any school district may, without complying with any other provision of this article, let in the name of the district any buildings, grounds, or space therein, together with any personal property located thereon, not needed for school classroom buildings upon any terms and conditions as may be agreed upon by the governing board of the district and the lessee thereof for a period not exceeding 30 separate or consecutive calendar days or portions thereof in each fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17481. Source version: id_cf7be0b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. In addition to any other authority to lease real property, the governing board of a school district, by a two-thirds vote of its members, may lease, for a term not exceeding three months, school district property having a residence thereon, which cannot be developed for district purposes because of the unavailability of funds. The lease shall be upon any terms and conditions that the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17482. Source version: id_cf7be0b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The governing board of a school district may, with the approval of the county board of supervisors, sell or lease any building of the district together with the site upon which the building is located, without complying with any other provisions of this article, provided that the county board of supervisors finds that all of the following conditions exist: (a) The sale or lease is to be made to an incorporated nonprofit tax-exempt community or civic organization with a membership comprised predominantly of persons residing in the community in which the building and site are situated. (b) The building is not suitable for school purposes. (c) The building has an historic value and its preservation and utilization for the benefit of the community will best be ensured by sale or lease to an organization specified in subdivision (a). (d) The sale or lease is to be executed for a consideration to enure to the school district reflecting the fair market value of the property, or its fair rental value, as the case may be, except that the sale may be executed for a consideration that is less than the fair market value of the property if all of the following conditions exist: (1) More than 50 percent of the buildings on the site have been designated as historically significant by the State Historical Resources Commission. (2) For a period of 25 years, commencing with the date that possession of the property is transferred, the building or buildings designated pursuant to paragraph (1) shall be used and maintained for public benefit as an historical resource, and the site shall otherwise be available for public access and use, including, but not limited to, park and recreational uses. Any violation of this condition shall result in the automatic reversion of title to the property so transferred, without remuneration, to the transferor school district. The condition set forth in this paragraph does not prohibit any use of the site that is necessary or appropriate to its use and maintenance for historical purposes. (3) The consideration paid is equal to or greater than the sum of the actual cost of the acquisition of the property by the school district and the actual cost of any capital improvements made to the property. (e) Adequate provision has been made in connection with the sale or lease transaction to protect the district against all civil liabilities which might arise in connection with any use of the building and site. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17483. Source version: id_cf7be0b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The failure to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] SECTION 17484. Source version: id_cf7d6759-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=4. The governing board of any school district, constituting the governing body of an elementary district, a high school district, or any two of those districts, may sell any building, structure, or other fixture, belonging to one of its respective districts to another district governed by it, for an amount to be fixed by the governing body, without advertisement for or receipt of bids or compliance with any other provisions of this code. Whenever any property is sold under this section it shall be removed from the premises of the district selling it within 60 days from the date of the sale. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17485. Source version: id_cf7d675d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. The Legislature is concerned that school playgrounds, playing fields, and recreational real property will be lost for those uses by the surrounding communities even if those communities in their planning process have assumed that the properties would be permanently available for recreational purposes. It is the intent of the Legislature in enacting this article to allow school districts to recover their investment in surplus property while making it possible for other agencies of government to acquire the property and keep it available for playground, playing field or other outdoor recreational and open-space purposes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17486. Source version: id_cf7d675f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. This article shall apply to any schoolsite owned by a school district, which the governing board determines to sell or lease, and with respect to which the following conditions exist: (a) Either the whole or a portion of the schoolsite consists of land which is used for school playground, playing field, or other outdoor recreational purposes and open-space land particularly suited for recreational purposes. (b) The land described in subdivision (a) has been used for one or more of the purposes specified therein for at least eight years immediately preceding the date of the governing board’s determination to sell or lease the schoolsite. (c) No other available publicly owned land in the vicinity of the schoolsite is adequate to meet the existing and foreseeable needs of the community for playground, playing field, or other outdoor recreational and open-space purposes, as determined by the governing body of the public agency which proposes to purchase or lease land from the school district, pursuant to Section 17492. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17487. Source version: id_cf7d6761-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. As used in this article, “schoolsite” means a parcel of land, or two or more contiguous parcels, which is owned by a school district. “Governing board” means the governing board of the school district which owns the schoolsite. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17488. Source version: id_cf7d6763-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. The governing board of any school district may sell or lease any schoolsite containing land described in Section 17486, and, if the governing board decides to sell or lease such land, it shall do so in accordance with the provisions of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17489. Source version: id_4194b91e-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. (a) (1) Other than as specified in paragraph (2), and notwithstanding Section 54222 of the Government Code, the governing board of a school district, before selling or leasing a schoolsite containing land described in Section 17486, excluding that portion of a schoolsite retained by the governing board of the school district pursuant to Section 17490, shall, if a charter school has not accepted an offer to purchase or lease the schoolsite pursuant to Section 17457.5, first offer to sell or lease that portion of the schoolsite consisting of land described in Section 17486, excluding that portion retained by the governing board of the school district pursuant to Section 17490, to the following public agencies in accordance with the following priorities: (A) First, to any city within which the land may be situated. (B) Second, to any park or recreation district within which the land may be situated. (C) Third, to any regional park authority having jurisdiction within the area in which the land is situated. (D) Fourth, to any county within which the land may be situated. (2) The governing board of a school district, before selling or leasing a schoolsite to which paragraph (1) would otherwise apply, but which was purchased with or modernized with, or on which improvements were constructed that were funded with, any moneys from a state school facilities funding program, and to which subdivision (a) of Section 17462.3 is applicable, after first offering the schoolsite for sale or lease to a charter school that has requested notification pursuant to Section 17457.5, may offer to sell or lease the property to another school district, a county office of education, or a governmental entity that provides child care and development services pursuant to Section 17458 before offering to sell or lease the property to the entities listed in subparagraphs (A) to (D), inclusive, of paragraph (1). (b) The governing board of the school district shall have discretion to determine whether the offer shall be an offer to sell or an offer to lease. (c) An entity which proposes to purchase or lease a schoolsite offered by a school district shall notify the school district of its intention, in writing, within 60 days after receiving written notification from the school district of its offer to sell or lease. (Amended by Stats. 2014, Ch. 262, Sec. 2. (AB 1664) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17490. Source version: id_cf7f1517-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. In determining what portion of a schoolsite shall be offered for sale or lease pursuant to this article, the governing board may retain any part of the schoolsite containing structures or buildings, together with such land adjacent thereto which, as determined by the governing board, must be included in order to avoid reducing the value of that part of the schoolsite containing such structures or buildings to less than 50 percent of fair market value. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17491. Source version: id_cf7f1519-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. (a) Except as otherwise provided in subdivision (b) or (e), the price at which land described in Section 17486, excluding that portion of a schoolsite retained by the governing board pursuant to Section 17490, is sold pursuant to this article shall not exceed the school district’s cost of acquisition, calculated as a pro rata cost of acquiring the entire parcel comprising the schoolsite, adjusted by a factor equivalent to the percentage increase or decrease in the cost of living from the date of purchase to the year in which the offer of sale is made, plus the cost of any improvement to the recreational and open-space portion of the land which the school district has made since its acquisition of the land. In no event shall the price be less than 25 percent of the fair market value of the land described in Section 17486 or less than the amount necessary to retire the share of local bonded indebtedness plus the amount of the original cost of the approved state aid applications on the property, excluding that portion of a schoolsite retained by the governing board pursuant to Section 17489, at the time of the offer. These provisions shall apply to land that the school district acquired by gift or for consideration. (b) A school district that offers a portion of a schoolsite for sale may offer such portion of property for sale at its fair market value, provided the school district offers an equivalent size alternative portion of that schoolsite for school playground, playing field, or other recreational and open-space purposes. (c) Land which is leased pursuant to this article shall be leased at an annual rate of not more than 1/20th of the maximum sales price determined pursuant to subdivision (a) of this section, adjusted annually by a factor equivalent to the percentage increase or decrease in the cost of living for the immediately preceding year. (d) The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1st of the appropriate year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the schoolsite is located. (e) Whenever a school district closes a schoolsite and sells any land described in Section 17486 pursuant to this article to help pay only for capital outlay costs incurred directly as a result of the transfer of pupils from the closed school to another school or other schools of the district, the sale price of the property determined pursuant to subdivision (a) shall be increased by an amount equal to the additional costs incurred due to the school closure. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17492. Source version: id_cf7f151b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. The governing body of a public agency which proposes to purchase or lease land from a school district pursuant to this article shall first make a finding, approved by a vote of two-thirds of its members, that public lands in the vicinity of the schoolsite are inadequate to meet the existing and foreseeable needs of the community for playground, playing field, or other outdoor recreational and open-space purposes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17493. Source version: id_cf7f151d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. (a) No public agency may purchase surplus school property from a school district pursuant to this article unless it has first adopted a plan for the purchase of surplus school property. The plan shall designate the surplus site or sites all or a portion of which the public agency desires to purchase at the price established pursuant to this article and shall designate at least 70 percent of the total surplus school acreage as property which the agency does not desire to purchase at the price established pursuant to this article. Where the plan indicates that the agency desires to purchase only a portion of a schoolsite at the price established pursuant to this article, it shall designate the percent of the property to be so purchased and provide a description of the general location of the property to be purchased, without designating the metes and bounds. (b) Any property designated by public agencies as surplus schoolsites which the agencies do not wish to purchase, pursuant to subdivision (a), may be sold or leased by a school district without regard to this article. (c) This section shall become operative on April 1, 1982. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17494. Source version: id_cf7f151f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. Any land purchased or leased by a public agency pursuant to this article shall thereafter be maintained by such agency for playground, playing field, or other outdoor recreational and open-space uses. Land which prior to its sale or lease was used for playground or playing field purposes, shall continue to be maintained for such use by the acquiring agency, unless the governing body of that agency, by a two-thirds vote at a public hearing, determines that there is no longer a significant need for the land to be so used, in which case the land may thereafter be used for other outdoor recreational or open-space purposes. The school district may, at any time, reacquire the land at a price calculated in the manner prescribed in Section 17491, and the rights of reacquisition provided in this section shall be set forth in the deed or other instrument of transfer. If the governing board of the public agency determines that the land is no longer needed for playground, playing field, or other outdoor recreational and open-space purposes, the public agency shall offer the property to the school district for reacquisition under this section, and the school district shall notify the public agency within 60 days of its intent to reacquire the land. If the school district intends to sell the property within one year of the reacquisition date, the school district may finance the reacquisition of the land by lien against the proceeds to be obtained from the sale of the land by the school district. If the school district fails to give the public agency timely notice of its intent to reacquire the property, or if it fails to exercise its right of reacquisition, the public agency may use or dispose of the property. For purposes of this section, “cost of acquisition,” as used in Section 17491, shall refer to the cost at which the land was acquired by the public agency. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17495. Source version: id_cf809bc1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. The sale or lease of land by a school district pursuant to this article shall be subject to, and governed by, the provisions of Article 2 (commencing with Section 17230) of Chapter 1 and Article 4 (commencing with Section 17455), except to the extent that the provisions of this article are inconsistent with a provision or provisions of Article 2 or 4, in which event the provisions of this article shall govern the sale or lease. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17496. Source version: id_cf809bc3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. Failure by the school district to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17497. Source version: id_cf809bc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. Notwithstanding the other provisions of this article, any school district governing board may designate not more than two surplus schoolsites as exempt from the provisions of this article for each planned schoolsite acquisition if the school district has an immediate need for an additional schoolsite and is actively seeking to acquire an additional site, and may exempt not more than one surplus schoolsite if the district is seeking immediate expansion of the classroom capacity of an existing school by 50 percent or more. The exemption provided for by this section shall be inapplicable to any schoolsite which, under a lease executed on or before July 1, 1974, with a term of 10 years, was leased to a city of under 100,000 population for park purposes, was improved at city expense, and used for public park purposes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17498. Source version: id_cf809bc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. A school district having a schoolsite described in Section 17486 may, as an alternative to sale or lease of the land pursuant to the foregoing provisions of this article, enter into other forms of agreement concerning the disposition of the property with any entity enumerated in Section 17489, in accordance with the priorities therein specified, including, but not limited to each of the following: (a) An agreement to lease to such entity all or part of the schoolsite for a specified term, with an option to purchase such properties at the end of the term. (b) An agreement granting to the entity a permanent open-space easement for recreational use over a portion of the leased site. (c) If the lessee or a grantee under an agreement is an entity having zoning powers, an agreement requiring the entity to rezone any portion of the property retained by the school district in accordance with conditions specified in the agreement, to the extent that rezoning in accordance with the conditions is in compliance with applicable laws of the state. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17499. Source version: id_cf809bc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. (a)No more than 30 percent of the total surplus school acreage owned by a school district may be purchased or leased by public agencies pursuant to this article. (b) The right of any public agency to purchase or lease surplus school property pursuant to this article shall exist only with respect to an amount of surplus school acreage within its jurisdictional boundaries which, when added to the surplus school acreage within its jurisdictional boundaries already purchased or leased pursuant to this article, will not exceed 30 percent of the surplus school acreage owned by the school district which is within the jurisdictional boundaries of that agency. (c) For purposes of this section, “surplus school acreage” of a school district means property which is owned by a district and not used for school purposes, including, but not limited to, undeveloped property and property which contains school buildings that are not in use as a result of a school closure and which is not subject to any lease or agreement executed on or before July 1, 1974, for a term in excess of six years, in which any city containing a population of less than 100,000 had use of the property for park purposes on January 1, 1981, and had improved the property. (d) Nothing in this section shall be construed to deny local agencies the opportunity to purchase at full market value all or part of the 70 percent of the total surplus school acreage which is not affected by this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] SECTION 17500. Source version: id_61fd8dc6-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=5. This article shall not apply to any school district having more than 250,000 pupils in average daily attendance. (Amended by Stats. 2022, Ch. 920, Sec. 3. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 7. Leasing for Production of Gas [17510 - 17512] SECTION 17510. Source version: id_cf82226f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=7. The governing board of a school district may, upon complying with this article, enter into and be a party to a community lease to which a city or other public agency and one or more private persons or private agencies are also parties for the leasing of the parcels of lands owned by the district and the other parties for the extraction and taking of gas not associated with oil, on the terms and conditions that the governing board of the district may prescribe. The lease may be entered into without complying with any provisions of this code except as provided in this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 7. Leasing for Production of Gas [17510 - 17512] SECTION 17511. Source version: id_cf822271-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=7. The board shall not enter into and be a party to any lease unless the following conditions have been met: (a) A resolution authorizing that action and prescribing the terms of the lease has been adopted by the unanimous vote of all the members elected or appointed to the board. (b) The resolution has been published in a newspaper of general circulation published in the district, or if there be no newspaper, in a newspaper having a general circulation in the district, once a week for three weeks prior to the execution of the lease by the board. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 7. Leasing for Production of Gas [17510 - 17512] SECTION 17512. Source version: id_cf822273-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=7. No well for the production of gas shall be drilled on any land owned by the district and leased pursuant to this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17515. Source version: id_c7c7da43-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. Any school district may enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this article. As used in this article, “building” includes onsite and offsite facilities, utilities and improvements that, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the district and the private person, firm, or corporation. It also includes the permanent improvement of school grounds. Any building, or portion thereof, that is used by a private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this section shall be subject to the zoning and building code requirements of the local jurisdiction in which the building is situated. Section 53094 of the Government Code shall not be applicable to uses of school district property or buildings authorized by this section, except in the case of property or buildings used solely for educational purposes. (Amended by Stats. 2009, Ch. 383, Sec. 1. (AB 1080) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17516. Source version: id_cb8a1265-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. (a) Before the governing board of a school district enters into a lease or agreement pursuant to this article, it shall own a site upon which a building to be used by the district and private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites. (b) This section shall not apply to any building to be acquired by purchase pursuant to Article 2 (commencing with Section 17110) of Chapter 16 of Part 10. (Amended by Stats. 2009, Ch. 383, Sec. 2. (AB 1080) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17517. Source version: id_093fd99b-fccb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. The term of a lease or agreement entered into by a school district pursuant to this article shall not exceed 99 years. (Amended by Stats. 2018, Ch. 204, Sec. 2. (AB 1406) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17518. Source version: id_cf49d987-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. (a) The governing board of a school district may let to any private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation, any real property that belongs to the district if the instrument by which the property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the joint use of the school district and the private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation during the term of the agreement. (b) However, title to that portion of the building to be occupied by the private individual, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to that portion of the building to be occupied by the district shall vest in the district upon completion thereof and acceptance thereof by the school district. No rental fee or other charge for the use of the building shall be paid by the district. (Amended by Stats. 2009, Ch. 383, Sec. 3. (AB 1080) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17519. Source version: id_d3095289-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. Any lease of real property by a school district to a private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this article shall be upon the terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article. However, any lease or agreement pursuant to this article shall be subject to Article 7 (commencing with Section 35230) of Chapter 2 of Part 21. (Amended by Stats. 2009, Ch. 383, Sec. 4. (AB 1080) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17520. Source version: id_cf852fc1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. Before entering into a lease or agreement pursuant to this article, the governing board of a school district shall comply with Section 17521. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17521. Source version: id_cf852fc3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. For the purposes of receiving proposals for the joint occupancy of a building to be constructed on school property, the board shall, in a regular open meeting, adopt a resolution declaring its intention to consider the proposals. The resolution shall describe the proposed site on which the building to be jointly occupied is to be constructed in a manner so as to identify the site, shall specify the intended use of that portion of the building that is to be occupied by the district, and shall fix a time not less than 90 days thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which meeting the board shall receive and consider all plans or proposals submitted. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17522. Source version: id_cf852fc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. Notice of adoption of the resolution and the time and place of holding the meeting shall be given by publishing the resolution at least once a week for three weeks in a newspaper of general circulation published in the district if there is one, or if none is published in the district, in a newspaper published in the county. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17523. Source version: id_cf852fc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. At the time and place fixed in the resolution for the meeting of the governing board, the board shall meet and consider all plans and proposals submitted for the joint occupancy of the building to be constructed on the proposed schoolsite. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17524. Source version: id_ec1bf45d-c12f-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. (a) After considering all proposals submitted, the governing board of the school district may, subject to Section 17525, select the plan or proposal that best meets the needs of the school district and enter into a contract incorporating that plan or proposal either as submitted or as revised by the governing board of the school district. (b) The governing board shall require any person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation with whom it enters into a lease or agreement pursuant to this article to file one of the following, as determined by the governing board: (1) A bond for the performance of the lease or agreement. (2) An irrevocable letter of credit issued by a state or national bank or a federal or state credit union for the performance of the lease or agreement. (Amended by Stats. 2020, Ch. 24, Sec. 15. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17525. Source version: id_cf852fcb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. Any building constructed for the use of a school district pursuant to this article is subject to Sections 17280 to 17313, inclusive, and all other provisions of this code relating to the physical structure of school buildings. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 8. Joint Occupancy [17515 - 17526] SECTION 17526. Source version: id_cf852fcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=8. The provisions of this article prevail over any provisions of law that conflict therewith. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17527. Source version: id_cf86b671-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. (a) The governing board of any school district may enter into agreements to make vacant classrooms or other space in operating school buildings available for rent or lease to other school districts, educational agencies, except private educational institutions which maintain kindergarten or grades 1 to 12, inclusive, governmental units, nonprofit organizations, community agencies, professional agencies, commercial and noncommercial firms, corporations, partnerships, businesses, and individuals, including during normal school hours if the school is in session. (b) The governing board shall give first priority in leasing or renting vacant classroom space or other space to educational agencies for conducting special education programs and second priority to other educational agencies. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17528. Source version: id_cf86b673-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. As used in this article, “building” includes onsite and offsite facilities, utilities, and improvements which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be jointly occupied and used. It also includes the permanent improvement of school grounds. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17529. Source version: id_cf86b675-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. Prior to entering into a lease or agreement pursuant to this article, the school district governing board shall determine that the proposed joint occupancy and use of school district property or buildings will not do any of the following: (a) Interfere with the educational program or activities of any school or class conducted upon the real property or in any building. (b) Unduly disrupt the residents in the surrounding neighborhood. (c) Jeopardize the safety of the children of the school. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17530. Source version: id_cf86b677-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. The governing board of a school district entering into a lease pursuant to this article shall comply with the applicable provisions of Article 4 (commencing with Section 17455). (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17531. Source version: id_cf86b679-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. (a) Except as provided in subdivision (b) of this section and Section 17532, the amount of classroom space leased pursuant to this article in any schoolsite during normal school hours shall not exceed 45 percent of the total classroom space of that school, and in no event shall the leased classroom space in the school district during normal school hours exceed 30 percent of the district’s total classroom space in operating schools. (b) The governing board of a school district may, upon a two-thirds vote, enter into lease agreements which exceed the 45 percent limit per school upon making a finding that the leases are compatible with the educational purpose of the school. The board, however, shall not exceed, pursuant to this subdivision, the 30 percent limit of classroom space for the entire school district. (c) The provisions of this section shall not apply to agreements for the lease of classroom space entered into by districts on or before March 4, 1981. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17532. Source version: id_cf883d1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. The governing board of a school district may lease vacant classroom space the total area of which exceeds the 30 percent districtwide limit of classroom space available pursuant to this article, if a lease is for any day care center, nursery school, or special education class. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17533. Source version: id_cf883d1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. A local agency having general planning jurisdiction may require adherence to appropriate zoning ordinances, use permits, construction or safety codes, by a school district seeking to lease a portion of a school building for uses other than public or education-related uses. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17534. Source version: id_cf883d1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. (a) Except as provided in subdivision (b), the term of any agreement entered into by a school district pursuant to this article shall not exceed five years. (b) The provisions of subdivision (a) shall not apply to agreements under or pursuant to which capital outlay improvements are made on school property for park and recreation purposes by public entities and nonprofit corporations. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ARTICLE 9. Joint Use [17527 - 17535] SECTION 17535. Source version: id_cf883d21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=4.&article=9. (a) Except as provided in subdivision (b), no agreement entered into by a school district pursuant to this article shall rent or lease vacant classrooms or other space in operating schools for less than fair market rental for comparable facilities. (b) A district may enter into an agreement to rent or lease vacant classrooms or other space in operating schools to public entities for less than fair market rental for comparable facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17565. Source version: id_cf92eabd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of any school district shall furnish, repair, insure against fire, and in its discretion rent the school property of its districts. The governing board may also insure the property against other perils. The insurance shall be written in any admitted insurer, or in any nonadmitted insurer to the extent and subject to the conditions prescribed in Section 1763 of the Insurance Code. Insurance on property of a district may be, in the discretion of the governing board, of the deductible type of coverage. By deductible type of coverage is meant a form of insurance under which the insurance becomes operative when the loss and damage exceeds an amount stipulated in the policy or policies. The governing board, in their notice of bid for any school district construction, may indicate that it may elect to assume the cost of fire insurance by adding the coverage to the district’s existing policy and in that event bids made on the construction shall be made in the alternative, with and without the fire insurance coverage included, and the governing board shall make its election as to who shall secure and pay for the insurance at the time of accepting the bid. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17566. Source version: id_cf92eabf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. (a) The governing board of any school district, by resolution, may establish a fund or funds for losses, and payments, including, but not limited to, health and welfare benefits for its employees as defined by Section 53200 of the Government Code, school district property, any liability, and workers’ compensation, in the county treasury for the purpose of covering the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. In the fund or funds shall be placed those sums, to be provided in the budget of the school district, that will create an amount that, together with investments made from the fund or funds, will be sufficient in the judgment of the governing board to protect the school district from those losses or to provide for payments on the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. Nothing in this section shall be construed to prohibit the governing board from providing protection against those losses or liability for the payment of claims partly by means of the fund or funds and partly by means of insurance written by acceptable insurers as provided in Section 17565. The fund or funds shall be considered as separate and apart from all other funds of the school district, and the balance therein shall not be considered to be part of the working cash of the school district in compiling annual budgets. Warrants may be drawn on or transfers made from the fund or funds so created only to reimburse or indemnify the school district for losses as herein specified, and for the payment of claims, administrative costs, and related services, and to provide for deductible insurance amounts and purchase of excess insurance. The warrants or transfers shall be within the purpose of the fund or funds as established by resolution of the governing board. The cash placed in the fund or funds may be invested and reinvested by the county treasurer, with the advice and consent of the governing board of the school district, in securities that are legal investments for surplus county funds in this state. The income derived from the investments, together with interest earned on uninvested funds, shall be considered revenue of, and be deposited in, the fund. The cost of contracts or services authorized by this section are appropriate charges against the respective fund. The governing board may contract for investigative, administrative, and claims adjustment services relating to claims. The contract may provide that the contracting firm may reject, settle, compromise, and approve claims against the district, or its officers or employees, within the limits and for amounts that the governing board may specify, and may provide that the contracting firm may execute and issue checks in payment of those claims, which checks shall be payable only from a trust account that may be established by the governing board. Funds in the trust account established by the board pursuant to this section shall not exceed a sum that is sufficient, as determined by the governing board to provide for the settlement of claims for a 30-day period. The rejection or settlement and approval of a claim by the contracting firm in accordance with the terms of the contract shall have the same effect as would the rejection or settlement and approval of the claim by the governing board. The contract may also provide that the contracting firm may employ legal counsel, subject to terms and limitations that the board may prescribe, to advise the contracting firm concerning the legality and advisability of rejecting, settling, compromising, and paying claims referred to the contracting firm by the board for investigation and adjustment, or to represent the board in litigation concerning the claims. The compensation and expenses of the attorney for services rendered to the board shall be an appropriate charge against the appropriate fund. The contract provided for in this section may contain other terms and conditions that the governing board may consider necessary or desirable to effectuate the board’s self-insured programs. In lieu of, or in addition to, contracting for the services described in this section, the governing board may authorize an employee or employees to perform any or all of the services and functions for which the board may contract under the provisions of this section. (b) As used in this section: (1) “Firm” includes a person, corporation, or other legal entity, including a county superintendent of schools. (2) “Governing boards” includes governing boards of school districts and county superintendents of schools. (3) “School district” includes a county superintendent of schools who may participate in or administer insurance or self-insurance programs for the county office of education or for one or more school districts. (c) A county superintendent of schools may participate in or administer insurance for one or more school districts pursuant to this section or for one or more community college districts pursuant to Section 81602, for any combination of school districts and community college districts pursuant to this section and Section 81602. (d) Prior to funding health and welfare benefits pursuant to this section, the school district shall secure the services of an actuary who is a member of the American Academy of Actuaries to provide actuarial evaluations of the future annual costs of those benefits. The future annual costs as determined by the actuary shall be made public at a public meeting at least two weeks prior to the commencement of funding health and welfare benefits pursuant to this section. (e) Upon commencing the funding of health and welfare benefits pursuant to this section, the school district shall secure the services of an actuary as described in subdivision (d) to complete, every three years, an actuarial evaluation of the annual costs of those benefits. A copy of the results of that evaluation shall be submitted by the district to the county superintendent of schools. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17567. Source version: id_cf92eac1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. Nothing in this code shall be construed to prohibit two or more school districts from exercising, through a joint powers agreement made pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the powers prescribed in Section 17566 in accordance with the terms and conditions set forth in that section and in Section 17565. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17568. Source version: id_cf92eac3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. In districts situated within or partly within cities having a population of over five hundred thousand (500,000) as determined by the 1920 federal census any board of education may establish a fund in the county treasury for the purpose of covering fire losses to school property in lieu of carrying fire insurance in admitted insurers as provided in Section 17565. In the fund shall be placed sums, to be provided in the budget of the district, as will create an amount which, together with investments made from the fund, will be sufficient in the judgment of the board of education upon the advice of competent actuaries to protect the board of education against losses by fire on all or any part of the school property within its jurisdiction. Nothing contained herein shall be construed as prohibiting the board of education from providing protection against fire losses partly by means of the fund and partly by means of fire insurance written by admitted insurers as provided in Section 17565. The fund shall be considered as separate and apart from all other funds of the district and the balance therein shall not be considered as being part of the working cash of the district in compiling annual budgets or fixing annual tax rates. Warrants shall be drawn on, or transfers made from, the fund so created only to reimburse or indemnify the school district for losses as herein specified, and for the payment of claims, administrative costs, related services, and to provide for deductible insurance amounts and the purchase of excess insurance. The warrants or transfers shall be within the purpose of the fund as established by resolution of the governing board. The cash placed in the fund may be invested and reinvested by the county treasurer with the advice and consent of the board of education in securities which are legal investments for surplus county funds in this state. The income derived from such investments together with interest earned on uninvested funds shall be considered revenue of and be deposited in the fund. The county treasurer shall make quarterly reports to the board of education as to the condition of the fund, using as a basis for the report the cost or market value, whichever may be the lower, of the securities held as investments plus the cash in the fund. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17569. Source version: id_cf92eac5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of any school district may grade, pave, construct sewers, or otherwise improve streets and other public places in front of real property owned or controlled by it, and also may construct in immediate proximity to any school or site owned or controlled by the district, pedestrian tunnels, overpasses, footbridges, sewers and water pipes when required for school or administrative purposes, may acquire property, easements and rights-of-way for such purpose, and may appropriate money to pay the cost and expense of the improvements, whether made by the board under contract executed by the board, or under contracts made in pursuance of any of the general laws of the state respecting street improvements, or under other contracts made in pursuance of the charter of any county or municipality. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17570. Source version: id_cf92eac7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. Any provision to the contrary notwithstanding, the governing board of any school district, other than a city school district with over 50,000 pupils in average daily attendance during the preceding fiscal year, may construct pedestrian walks, footbridges, and pedestrian tunnels when required for the safety of pupils attending the schools of the district, may acquire easements and rights-of-way for those purposes, and may appropriate money to acquire such easements and rights-of-way and to pay the cost and expense of the improvements, whether made by the board under contract executed by the board, or under contracts made in pursuance of any of the general laws of the state respecting street improvements, or under other contracts made in pursuance of the charter of any county or municipality. Pedestrian walks, footbridges, and pedestrian tunnels shall be constructed, and such easements or rights-of-way for those purposes shall be acquired, within one mile of the school for the pupils of which the walks, bridges, and tunnels are necessary. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17571. Source version: id_cf947169-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of any school district may install and maintain a lighting system in any underpass in the vicinity of a schoolhouse. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17572. Source version: id_cf94716b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of any school district may appropriate money to pay assessments, for the improvement of streets or other public places, levied against any real property owned by, or under the control of the board, when the property is included within an assessment district formed in pursuance of any general law of the state or under the charter of any municipality. The assessments may be paid out of any funds belonging to the school district, except funds derived from the sale of bonds or required by law to be used for teachers’ salaries. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17573. Source version: id_cf94716d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of every school district shall provide a warm, healthful place in which children who bring their own lunches to school may eat the lunches. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17574. Source version: id_cf94716f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of a school district may construct a mobilehome site on the grounds of any district facility or facilities maintained by the district, including all necessary appurtenances and fixtures, and may pay the cost of utilities, insurance, and necessary services, for the purpose of enabling a responsible person or persons to install and occupy a mobilehome on such site. Such person or persons, who need not be classified as employees of the district, shall, in return for being permitted to install and occupy a mobilehome on the district facility site on terms and conditions acceptable to the governing board, agree to maintain any surveillance over the facility grounds as the school district governing board requires, and to report to district authorities illegal or suspicious activities that are observed. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17575. Source version: id_cf947171-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of any school district, when leasing a building for housing of school district employees, may lease such building for any period they deem necessary. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17576. Source version: id_cf947173-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of every school district shall provide, as an integral part of each school building, or as part of at least one building of a group of separate buildings, sufficient patent flush water closets for the use of the pupils. In school districts where the water supply is inadequate, chemical water closets may be substituted for patent flush water closets by the board. This section shall apply to all buildings existing on September 19, 1947, or constructed after such date. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17577. Source version: id_cf95f815-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. In addition to the other powers granted the governing board of each school district may provide sewers and drains adequate to treat and/or dispose of sewage and drainage on or away from each school property. For this purpose it may construct adequate systems or acquire adequate disposal rights in systems constructed or to be constructed by others for these purposes without regard to their proximity. The cost thereof may be paid from the building fund, including any bond moneys therein. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17578. Source version: id_cf95f817-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The governing board of each district maintaining a high school shall provide for the annual cleaning, sterilizing, and necessary repair of football equipment of their respective schools pursuant to Sections 17579 and 17580. (Amended by Stats. 1999, Ch. 646, Sec. 7. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17579. Source version: id_cf95f819-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. All football equipment actually worn by pupils shall be cleaned and sterilized at least once a year. Football equipment used in spring training shall be cleaned and sterilized before it is used in the succeeding fall term. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17580. Source version: id_cf95f81b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. Any contract with a dealer or craftsman for the repair of football equipment belonging to the district or the state college shall specifically state or describe the materials to be used by the dealer or craftsman in repairing such equipment. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17581. Source version: id_cf95f81d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. (a) The Legislature finds and declares that the quality of protective equipment worn by participants in high school interscholastic football is a significant factor in the occurrence of injuries to such participants and that it is therefore necessary to insure minimum standards of quality for the equipment in order to prevent unnecessary injuries to such participants. (b) No football helmets shall be worn by participants in high school interscholastic football unless the equipment has been certified for use by the National Operating Committee on Standards for Athletic Equipment or any other recognized certifying agency in the field. This section shall not be construed as relieving school districts from the duty of maintaining football protective equipment in a safe and serviceable condition. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17582. Source version: id_f957bed1-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. (a) The governing board of a school district may establish a restricted fund to be known as the “district deferred maintenance fund” for purposes including, but not limited to, major repair or replacement of plumbing, heating, air-conditioning, electrical, roofing, and floor systems; the exterior and interior painting of school buildings; the inspection, sampling, and analysis of building materials to determine the presence of asbestos-containing materials; the encapsulation or removal of asbestos-containing materials; the inspection, identification, sampling, and analysis of building materials to determine the presence of lead-containing materials; and the control, management, and removal of lead-containing materials. Funds deposited in the district deferred maintenance fund may be received from any source and shall be accounted for separately from all other funds and accounts and retained in the district deferred maintenance fund for purposes of this section. The term “school building” as used in this article includes a facility that a county office of education is authorized to use pursuant to Article 3 (commencing with Section 17280) of Chapter 3. (b) Funds deposited in the district deferred maintenance fund shall only be expended for maintenance purposes as provided pursuant to subdivision (a). (c) The governing board of each school district shall have complete control over the funds and earnings of funds once deposited in the district deferred maintenance fund. (Amended by Stats. 2015, Ch. 386, Sec. 12. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17583. Source version: id_c99a5fa3-0c91-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. (a) (1) If a governing board of a school district applies for state funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for a school modernization project for a school facility constructed before January 1, 2012, the governing board of the school district shall include, as part of the modernization project, locks that allow doors to classrooms, and any room with an occupancy of five or more persons, to be locked from the inside of the room, except as provided in paragraph (2). (2) The requirement in paragraph (1) does not apply to doors that are locked from the outside at all times, doors with locks that lock from inside, and pupil restrooms. (b) The locks required by subdivision (a) shall conform to the specifications and requirements set forth in Title 24 of the California Code of Regulations. (c) (1) The requirements of this section apply only to those projects seeking funding, as described in paragraph (1) of subdivision (a), on or after January 1, 2019, and that were submitted to the Division of the State Architect for approval on or after January 1, 2019. (2) The requirements of this section shall apply only to those projects that propose to renovate, repair, or modernize the interior of a school building and do not apply to projects that only propose to renovate, repair, or modernize the exterior of a school building, the school grounds, or the playing fields of a school. (Amended by Stats. 2019, Ch. 497, Sec. 39. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17584. Source version: id_d14ab4cc-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) If a local educational agency intends to seek state funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, for a school modernization project for a school facility constructed before January 1, 2012, the modernization project submitted to the Division of the State Architect shall include faucet aerators and water-conserving plumbing fixtures, as defined in Section 1101.3 of the Civil Code, in all bathrooms. (c) (1) The requirements of this section apply only to those projects submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring after November 1, 2022. (2) The requirements of this section shall apply only to those projects that contain an existing faucet or water plumbing fixture in the space to be modernized or repaired and propose to modernize or repair the interior of a school building and do not apply to projects that only propose to repair or make alterations to the exterior of a school building, the school grounds, or the playing fields of a school. (3) Bathrooms that already contain both faucet aerators and water-conserving plumbing fixtures, as defined in Section 1101.3 of the Civil Code, at the time a modernization project is submitted to the Division of the State Architect, shall not be subject to the requirements in subdivision (b). (Added by Stats. 2022, Ch. 434, Sec. 1. (AB 1867) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17585. Source version: id_a2a11d47-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. (a) If the governing board of a school district, a county board of education, or the governing body of a charter school applies for state funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for a school modernization project, the application shall include, as part of the modernization project, an all-gender restroom designed exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten, at each schoolsite that has not already established an all-gender restroom pursuant to subdivision (b) of Section 35292.5 and for each schoolsite that does not have more than one female restroom and more than one male restroom designated exclusively for pupil use. (b) The requirements of this section apply only to those projects submitted for approval on or after July 1, 2026. (Added by Stats. 2023, Ch. 227, Sec. 2. (SB 760) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17586. Source version: id_72d315c2-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. (a) A school district, county office of education, or charter school serving pupils in kindergarten or any of grades 1 to 12, inclusive, that undertakes an addition, alteration, reconstruction, rehabilitation, or retrofit of a school building, shall install interior locks on each door of any room with an occupancy of five or more persons in that school building. (b) The requirement in subdivision (a) does not apply to any of the following: (1) Doors that are locked from the outside at all times, doors with locks that lock from the inside, and pupil restrooms. (2) The maintenance of a school facility for individual projects or tasks under twenty thousand dollars ($20,000). (3) Projects applying for funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for a school modernization project, before January 1, 2025, and that were initially submitted to the Division of the State Architect for approval before January 1, 2025. (c) The locks required by subdivision (a) shall conform to the specifications and requirements set forth in Title 24 of the California Code of Regulations. (d) For purposes of this section, “addition,” “alteration,” “reconstruction,” “rehabilitation,” “retrofit,” “school building,” and “maintenance” have the same meaning as specified in Section 4-314 of Part 1 of Title 24 of the California Code of Regulations. (e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. (Amended by Stats. 2025, Ch. 67, Sec. 45. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17589. Source version: id_cfa847b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The State Allocation Board shall develop board policies for the apportionment of funds appropriated for the containment or removal of asbestos materials in schools pursuant to Section 49410. The policies shall provide for the allocation of funds on a matching basis, or the board may determine, based on each application, to increase the allocation to any school district by the amount it determines is necessary to complete critical projects. In making policies pursuant to this section, the board may establish funding priorities based on a determination in each instance as to the imminence of the health hazard posed by the asbestos materials. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17590. Source version: id_cfa847b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The Asbestos Abatement Fund is hereby created, and notwithstanding Section 13340 of the Government Code, all moneys deposited in this fund are continuously appropriated to be administered by the State Allocation Board for the purpose of making allocations to school districts and county offices of education pursuant to Sections 17589 and 49410. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1. Duties of Governing Board [17565 - 17592.5] SECTION 17592.5. Source version: id_fea8ad43-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1. The Southern California Regional Occupational Center and the Metropolitan Education District, each of which is a joint powers authority, shall be deemed to be school districts for purposes of Sections 17582, 17589, and 17590. (Amended by Stats. 2015, Ch. 386, Sec. 14. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] SECTION 17592.70. Source version: id_06fee954-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1.5. (a) There is hereby established the School Facilities Needs Assessment Grant Program with the purpose to provide for a one-time comprehensive assessment of school facilities needs. The grant program shall be administered by the State Allocation Board. (b) (1) The grants shall be awarded to school districts on behalf of schoolsites ranked in deciles 1 to 3, inclusive, on the Academic Performance Index (API), pursuant to Section 52056, based on the 2003 base API score for each school newly constructed prior to January 1, 2000. (2) For purposes of this section, schools ranked in deciles 1 to 3, inclusive, on the 2003 base API shall include any schools determined by the department to meet either of the following: (A) The school meets all of the following criteria: (i) Does not have a valid base API score for 2003. (ii) Is operating in fiscal year 2004-05 and was operating in fiscal year 2003-04 during the Standardized Testing and Reporting (STAR) Program testing period. (iii) Has a valid base API score for 2002 that was ranked in deciles 1 to 3, inclusive, in that year. (B) The school has an estimated base API score for 2003 that would be in deciles 1 to 3, inclusive. (3) The department shall estimate an API score for any school meeting the criteria of clauses (i) and (ii) of subparagraph (A) of paragraph (2) and not meeting the criteria of clause (iii) of subparagraph (A) of paragraph (2), using available testing scores and any weighting or corrective factors it deems appropriate. The department shall provide those API scores to the Office of Public School Construction and post them on its Web site within 30 days of the enactment of this section. (4) For purposes of this section, schools ranked in deciles 1 to 3, inclusive, on the 2003 base API shall exclude any schools determined by the department to be operated by county offices of education pursuant to Section 56140. (c) The board shall allocate funds pursuant to subdivision (b) to school districts with jurisdiction over eligible schoolsites, based on ten dollars ($10) per pupil enrolled in the eligible school as of October 2003, with a minimum allocation of seven thousand five hundred dollars ($7,500) for each schoolsite. (d) As a condition of receiving funds pursuant to this section, school districts shall do all of the following: (1) Use the funds to develop a comprehensive needs assessment of all schoolsites eligible for grants pursuant to subdivision (b). The assessment shall contain, at a minimum, all of the following information for each schoolsite: (A) The year each building that is currently used for instructional purposes was constructed. (B) The year, if any, each building that is currently used for instructional purposes was last modernized. (C) The pupil capacity of the school. (D) The number of pupils enrolled in the school. (E) The density of the school campus measured in pupils per acre. (F) The total number of classrooms at the school. (G) The age and number of portable classrooms at the school. (H) Whether the school is operating on a multitrack, year-round calendar, and, if so, what type. (I) Whether the school has a cafeteria, or an auditorium or other space used for pupil eating and not for class instruction. (J) The useful life remaining of all major building systems for each structure housing instructional space, including, but not limited to, sewer, water, gas, electrical, roofing, and fire and life safety protection. (K) The estimated costs for five years necessary to maintain functionality of each instructional space to maintain health, safety, and suitable learning environment, as applicable, including classroom, counseling areas, administrative space, libraries, gymnasiums, multipurpose and dining space, and the accessibility to those spaces. (L) A list of necessary repairs. (2) Use the data currently filed with the state as part of the process of applying for and obtaining modernization or construction funds for school facilities, or information that is available in the California Basic Education Data System for the element required in subparagraphs (D), (E), (F), and (G) of paragraph (1). (3) Use the assessment as the baseline for the facilities inspection system required pursuant to subdivision (e) of Section 17070.75. (4) Provide the results of the assessment to the Office of Public School Construction, including a report on the expenditures made in performing the assessment. It is the intent of the Legislature that the assessments be completed as soon as possible, but not later than January 1, 2006. (5) If a school district does not need the full amount of the allocation it receives pursuant to this section, the school district shall expend the remaining funds for making facilities repairs identified in its needs assessment. The school district shall report to the Office of Public School Construction on the repairs completed pursuant to this paragraph and the cost of the repairs. (6) Submit to the Office of Public School Construction an interim report regarding the progress made by the school district in completing the assessments of all eligible schools. (Amended by Stats. 2005, Ch. 677, Sec. 8.5. Effective October 7, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] SECTION 17592.71. Source version: id_fd786e75-5da3-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1.5. (a) There is hereby established in the State Treasury the School Facilities Emergency Repair Account. The State Allocation Board shall administer the account. (b) (1) Commencing with the 2005–06 fiscal year, an amount of moneys shall be transferred in the annual Budget Act from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account, equaling 50 percent of the unappropriated balance of the Proposition 98 Reversion Account or one hundred million dollars ($100,000,000), whichever amount is greater. Moneys transferred pursuant to this subdivision shall be used for the purpose of addressing emergency facilities needs pursuant to Section 17592.72. (2) Notwithstanding paragraph (1), for the 2008–09 fiscal year, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall not exceed one hundred one million dollars ($101,000,000). (3) Notwithstanding paragraph (1), for the 2009–10 fiscal year, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall be zero dollars ($0). (4) Notwithstanding paragraph (1), for the 2010–11 fiscal year, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall be zero dollars ($0). (5) Notwithstanding paragraph (1), for the 2011–12 fiscal year, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall be zero dollars ($0). (6) Notwithstanding paragraph (1), for the 2012–13 and 2013–14 fiscal years, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall be zero dollars ($0). (c) The Legislature may transfer to the School Facilities Emergency Repair Account other one-time Proposition 98 funds, except funds specified pursuant to Section 41207, as repealed and added by Section 6 of Chapter 216 of the Statutes of 2004. Donations by private entities shall be deposited in the account and, for tax purposes, be treated as otherwise provided by law. (d) Funds shall be transferred pursuant to this section until a total of eight hundred million dollars ($800,000,000) has been disbursed from the School Facilities Emergency Repair Account. (e) Any unencumbered balance available in the School Facilities Emergency Repair Account after July 1, 2018, shall revert to the Proposition 98 Reversion Account. (Amended by Stats. 2017, Ch. 15, Sec. 18. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] SECTION 17592.72. Source version: id_356f68ea-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1.5. (a) (1) For the 2005–06 fiscal year, all moneys in the School Facilities Emergency Repair Account are available for reimbursement to schools ranked in deciles 1 to 3, inclusive, on the Academic Performance Index, pursuant to Section 52056, based on the 2003 base Academic Performance Index score for each school, as defined in subdivision (b) of Section 17592.70, to meet the repair costs of the school district projects that meet the criteria specified in subdivisions (c) and (d) and as approved by the State Allocation Board. (2) Commencing with the 2006–07 fiscal year, all moneys in the School Facilities Emergency Repair Account are available for the purpose of providing emergency repair grants to schools ranked in deciles 1 to 3, inclusive, on the Academic Performance Index, pursuant to Section 52056, based on the 2003 base Academic Performance Index score for each school, as defined in subdivision (b) of Section 17592.70, to cover the costs of school district repair projects that meet the criteria specified in subdivisions (c) and (d). The State Allocation Board shall establish a grant application process, grant parameters, substantial progress requirements, and a process for providing certification of the completion of projects. The State Allocation Board shall post the grant application form on its Internet Web site. (3) For subsequent fiscal years, schools shall be eligible for funding based on the Academic Performance Index scores as specified in paragraph (2) of subdivision (c) of Section 1240. (b) (1) It is the intent of the Legislature that each school district exercise due diligence in the administration of deferred maintenance and regular maintenance in order to avoid the occurrence of emergency repairs. (2) Funds made available pursuant to this article shall supplement, not supplant, existing funds available for maintenance of school facilities. (3) The board is authorized to deny future funding pursuant to this article to a school district if the board determines that there is a pattern of failure to exercise due diligence pursuant to paragraph (1) or supplantation. If the board finds a pattern of failure to exercise due diligence, the board shall notify the county superintendent of schools in which the school district is located. (c) (1) For purposes of this article, “emergency facilities needs” means structures or systems that are in a condition that poses a threat to the health and safety of pupils or staff while at school. These projects may include, but are not limited to, the following types of facility repairs or replacements: (A) Gas leaks. (B) Nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems. (C) Electrical power failure. (D) Major sewer line stoppage. (E) Major pest or vermin infestation. (F) Broken windows or exterior doors or gates that will not lock and that pose a security risk. (G) Abatement of hazardous materials previously undiscovered that pose an immediate threat to pupil or staff. (H) Structural damage creating a hazardous or uninhabitable condition. (2) For purposes of this section, “emergency facilities needs” does not include any cosmetic or nonessential repairs. (d) For the purpose of this section, structures or components shall only be replaced if it is more cost-effective than repair. (Amended by Stats. 2006, Ch. 704, Sec. 6. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] SECTION 17592.73. Source version: id_05c3506f-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1.5. The State Allocation Board shall do all of the following: (a) Adopt regulations and review and amend its regulations, as necessary, pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), for the administration of this article, including those regulations necessary to specify the qualifications of the personnel performing the needs assessment and a method to ensure their independence. The initial regulations adopted pursuant to this article shall be adopted as emergency regulations, and the circumstances related to the initial adoption are hereby deemed to constitute an emergency for this purpose. The initial regulations adopted pursuant to this article shall be adopted by January 31, 2005. (b) Establish and publish any procedures and policies in connection with the administration of this article as it deems necessary. (c) Apportion funds to eligible school districts under this article. (d) Provide technical assistance to school districts to implement this article. (e) Submit an interim status report to the Legislature and the Governor by June 30, 2005, by compiling the reports submitted pursuant to paragraph (6) of subdivision (d) of Section 17592.70. (f) By June 30, 2008, report to the Legislature and the Governor on expenditures pursuant to Section 17592.72 and projections of future expenditures pursuant to Section 17592.72. (Amended by Stats. 2005, Ch. 22, Sec. 31. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] SECTION 17592.74. Source version: id_045d6695-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=1.5. Notwithstanding any other law, the funds provided to school districts from the School Facilities Emergency Repair Account pursuant to this article for the purpose of emergency repair grants shall not be deposited into a school district deferred maintenance fund for purposes described in Section 17582. (Amended by Stats. 2015, Ch. 303, Sec. 65. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 2. Duties of District Clerks [17593- 17593.] SECTION 17593. Source version: id_cfab5509-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=2. The clerk of each district except a district governed by a city or city and county board of education shall, under the direction of the governing board, keep the schoolhouses in repair during the time school is taught therein, and exercise a general care and supervision over the school premises and property during the vacations of the school. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17595. Source version: id_a235b778-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. Nothing in this code shall preclude the governing board of any school district from purchasing materials, equipment, or supplies through the Department of General Services pursuant to subdivision (b) of Section 10299 of the Public Contract Code. (Amended by Stats. 2007, Ch. 263, Sec. 18. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17596. Source version: id_cfacdbaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. Continuing contracts for work to be done, services to be performed, or for apparatus or equipment to be furnished, sold, built, installed, or repaired for the district, or for materials or supplies to be furnished or sold to the district may be made with an accepted vendor as follows: for work or services, or for apparatus or equipment, not to exceed five years; for materials or supplies, not to exceed three years. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17597. Source version: id_cfacdbb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. In addition to utilizing the procedures specified in Article 14 (commencing with Section 17545) of Chapter 4, any school district or any county board of education may, by direct sale or otherwise, sell to a purchaser any electronic data processing equipment, other major items of equipment, or any relocatable building owned by, or to be owned by, the school district or county board, if the purchaser agrees to lease the equipment or building back to the school district or county for use by the school district or county following the sale. The approval by the governing board of the school district or of the county superintendent of schools of the sale and leaseback shall be given only if the governing board of the school district or the county superintendent of schools finds, by resolution, that the equipment is data processing equipment, another major item of equipment, or a relocatable building within the meaning of this section and that the sale and leaseback is the most economical means for providing the electronic data processing equipment, other major items of equipment, or relocatable building to the school district or county. For purposes of determining the area of existing adequate school construction under the Leroy F. Greene State School Building Lease-Purchase Law of 1976, any portable relocatable classroom acquired under this section and used for classroom purposes shall be considered owned by the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17598. Source version: id_cfacdbb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. The governing board of a school district may contract for electromechanical or electronic data processing work. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17599. Source version: id_cfacdbb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. Nothing contained in this article shall be construed to limit the authority of any school district to contract for electromechanical or electronic data processing work to be done or related services to be performed with any other public agency pursuant to the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or Section 11000 or 11001 of this code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17600. Source version: id_cfacdbb7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. The governing board of any district defined hereafter, in addition to any other authority granted by law, may employ as classified employees, in accordance with rules and regulations established by the personnel commission, any certificated employees of the district or districts during vacation periods, or on any other day or days when the certificated employee is not required to perform services for the district, to repair or build apparatus or equipment related to their duties as certificated employees even though the total cost of labor exceeds one thousand dollars ($1,000). This section applies only when the average daily attendance of any school district, or of two or more school districts governed by governing boards of identical personnel, is 400,000 or more, as shown by the annual report of the county superintendent of schools for the preceding school year. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17601. Source version: id_cfacdbb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. Notwithstanding any limitations imposed by this article specifically with respect to electromechanical or electronic data processing work to be done or related services to be performed, the governing board of a school district, the boundaries of which are coterminous with those of the City and County of San Francisco, may contract for such work to be done or related services to be performed, without regard to such limitations. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17602. Source version: id_cfae625b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. The governing board of any school district may purchase from the federal government or any agency thereof any surplus property, as defined in the Surplus Property Act of 1944, in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17603. Source version: id_cfae625d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. The governing board of any school district shall determine the method of payment for construction contracts, including progress payments for completed portions of the work or for materials delivered on the ground or stored subject to the control of the board and unused. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17604. Source version: id_cfae625f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. Wherever in this code the power to contract is invested in the governing board of the school district or any member thereof, the power may by a majority vote of the board be delegated to its district superintendent, or to any persons that he or she may designate, or if there be no district superintendent then to any other officer or employee of the district that the board may designate. The delegation of power may be limited as to time, money or subject matter or may be a blanket authorization in advance of its exercise, all as the governing board may direct. However, no contract made pursuant to the delegation and authorization shall be valid or constitute an enforceable obligation against the district unless and until the same shall have been approved or ratified by the governing board, the approval or ratification to be evidenced by a motion of the board duly passed and adopted. In the event of malfeasance in office, the school district official invested by the governing board with the power of contract shall be personally liable to the school district employing him or her for any and all moneys of the district paid out as a result of the malfeasance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17605. Source version: id_cfae6261-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. The governing board by majority vote may adopt a rule, delegating to any officer or employee of the district as the board may designate, the authority to purchase supplies, materials, apparatus, equipment, and services. No rule shall authorize any officer or employee to make any purchases involving an expenditure by the district in excess of the amount specified by Section 20111 of the Public Contract Code. The rule shall prescribe the limits of the delegation as to time, money, and subject matter. All transactions entered into by the officer or employee shall be reviewed by the governing board every 60 days. In the event of malfeasance in office, the school district officer or employee invested by the governing board with the power to contract shall be personally liable for any and all moneys of the district paid out as a result of the malfeasance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 3. Contracts [17595 - 17606] SECTION 17606. Source version: id_cfae6263-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=3. The governing board of any school district with an average daily attendance of not less than 60,000 may by majority vote authorize its district superintendent, or such person as he or she may designate, to expend up to one hundred dollars ($100) per transaction for work done, compensation for employees or consultants, and purchases of equipment, supplies, or materials. Ratification by the governing board shall not be required with respect to transactions entered into pursuant to this section. In the event of malfeasance in office, the school district official invested by the governing board with authority to act under this section shall be personally liable for any and all moneys of the district paid out as a result of the malfeasance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17608. Source version: id_a285d34a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. This article and Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code shall be known and cited as the Healthy Schools Act of 2000. (Amended by Stats. 2007, Ch. 730, Sec. 10. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17609. Source version: id_4a0d4d60-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. The definitions set forth in this section govern the construction of this article unless the context clearly requires otherwise: (a) “Antimicrobial” means those pesticides defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). (b) “Crack and crevice treatment” means the application of small quantities of a pesticide consistent with labeling instructions in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors. (c) “Emergency conditions” means any circumstances in which the school designee or a property owner of a property where a privately operated child day care facility is located, or the property owner’s agent, deems that the immediate use of a pesticide is necessary to protect the health and safety of pupils, staff, or other persons, or the schoolsite. (d) “Integrated pest management plan” means a written plan based on a template provided or approved by the Department of Pesticide Regulation that outlines a strategy for integrated pest management, as described in Section 13181 of the Food and Agricultural Code. (e) “School designee” or “IPM coordinator” means a schoolsite or school district employee identified by a schoolsite or school district to carry out the requirements of this article or to ensure that the requirements of this article are carried out. (f) “Schoolsite” means any facility used as a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, vehicles, or any other area of property visited or used by pupils. “Schoolsite” does not include any postsecondary educational facility attended by secondary pupils or private kindergarten, elementary, or secondary school facilities. For child day care facilities, the State Department of Social Services shall serve as the liaison to these facilities, as needed. (Amended by Stats. 2014, Ch. 848, Sec. 2. (SB 1405) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17610. Source version: id_52586902-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. (a) It is the policy of the state that effective least toxic pest management practices should be the preferred method of managing pests at schoolsites and that the state, in order to reduce children’s exposure to toxic pesticides, shall take the necessary steps, pursuant to Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code, to facilitate the adoption of effective least toxic pest management practices at schoolsites. It is the intent of the Legislature that all school personnel involved in the application of a pesticide at a schoolsite be trained in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. (b) (1) (A) A property owner of a property where a child day care facility is located, or the property owner’s agent, who personally applies any pesticides on an area listed in paragraph (2) shall provide notice to the child day care facility as described in paragraph (3) at least 120 hours before the application, unless an emergency condition, as defined in Section 17609, exists. (B) An owner of property on which a child day care facility is located shall be subject to the requirement to provide notice pursuant to this subdivision 30 days after it has received notice from a child day care facility of its presence at the property, unless the property owner, or his or her agent, received that notice pursuant to paragraph (1) of subdivision (d) of Section 1597.40 of the Health and Safety Code before the effective date of this subdivision in which case the property owner shall be subject to the notice requirements on and after the effective date of this subdivision. (2) This subdivision applies when a property owner or his or her agent intends to personally apply pesticides on any of the following: (A) Inside the rented premises on which the child day care facility is located. (B) Upon a designated child day care facility playground designated by the property owner. (C) Upon an area designated for use by the child day care facility. (D) Upon an area within 10 feet of the perimeter of the child day care facility. (3) The notice required by paragraph (1) shall include the following: (A) The product name. (B) The manufacturer’s name. (C) The active ingredients of each pesticide. (D) The United States Environmental Protection Agency’s product registration number. (E) The intended date of application. (F) The areas of application listed in paragraph (2). (G) The reason for application. (4) A notice of pesticide application provided to a tenant pursuant to subdivision (d) of Section 13186 of the Food and Agricultural Code shall satisfy the notice requirements of this section. (5) If the child day care facility ceases to operate on the property, the provisions of this act shall no longer apply to the property. (Amended by Stats. 2014, Ch. 848, Sec. 3. (SB 1405) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17610.1. Source version: id_36f51e90-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. (a) (1) The use of a pesticide on a schoolsite is prohibited if that pesticide is granted a conditional registration, an interim registration, or an experimental use permit by the Department of Pesticide Regulation, or if the pesticide is subject to an experimental registration issued by the United States Environmental Protection Agency, and either of the following is applicable: (A) The pesticide contains a new active ingredient. (B) The pesticide is for a new use. This paragraph does not apply to a conditionally registered pesticide that is approved for other uses that has fulfilled all registration requirements that relate to human health, including, but not limited to, the completion of mandatory health effect studies pursuant to the Birth Defect Prevention Act of 1984 (Art. 14 (commencing with Sec. 13121), Ch. 2, Div. 7, F. & A.C.). The requirements of this section are not intended to impose any new labeling requirements. (2) The use of a pesticide on a schoolsite is prohibited if the Department of Pesticide Regulation cancels or suspends registration, or requires phase out of use, of that pesticide. (b) Vendors or manufacturers of pesticides that are prohibited for use on a schoolsite pursuant to subdivision (a) are prohibited from furnishing those pesticides to school districts or schoolsites either by sale or by gift. (c) This section does not apply to public health pesticides or antimicrobial pesticides registered pursuant to Section 12836 of the Food and Agricultural Code. (Amended by Stats. 2006, Ch. 865, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17610.5. Source version: id_cfafe90d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. Sections 17611 and 17612 shall not apply to a pesticide product deployed in the form of a self-contained bait or trap, to gel or paste deployed as a crack and crevice treatment, to any pesticide exempted from regulation by the United States Environmental Protection Agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), or to antimicrobial pesticides, including sanitizers and disinfectants. (Amended by Stats. 2001, Ch. 159, Sec. 58. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17611. Source version: id_85798355-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. (a) Each schoolsite shall maintain records of all pesticide use at the schoolsite for a period of four years, and shall make this information available to the public, upon request, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). A schoolsite may meet the requirements of this section by retaining a copy of the warning sign posted for each application required pursuant to Section 17612, and recording on that copy the amount of the pesticide used. (b) (1) If a schoolsite chooses to use a pesticide not included within Section 17610.5, at the end of each calendar year, or more often at the discretion of a school designee, the school designee shall submit to the Director of Pesticide Regulation a copy of the records of all pesticide use at the schoolsite for the calendar year. The records submitted to the Director of Pesticide Regulation shall be submitted using a form prepared by the Department of Pesticide Regulation similar to that prepared pursuant to subdivision (b) of Section 13186 of the Food and Agricultural Code, and shall include all of the following: (A) The name of a school designee for the schoolsite. (B) The name and address of the schoolsite, or the department code or licensed child daycare facility number indicating if the site is an elementary or secondary school facility, or a child daycare facility. (C) The product name, manufacturer’s name, the United States Environmental Protection Agency’s product registration number, and the amount used, including the unit of measurement. (D) The date, time, and location of application. (2) The report submitted pursuant to paragraph (1) shall not include pesticide use reported pursuant to subdivision (c) of Section 13186 of the Food and Agricultural Code. (Amended by Stats. 2021, Ch. 615, Sec. 62. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17611.5. Source version: id_7a5af8bc-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. (a) The school designee may develop and post on the Internet Web site of the schoolsite, or, if the schoolsite does not maintain an Internet Web site, the school district, an integrated pest management plan for the schoolsite or the school district. If neither the schoolsite nor the school district maintains an Internet Web site, the school designee may include the integrated pest management plan with the annual notification sent to staff and parents or guardians of pupils enrolled at the schoolsite pursuant to Section 17612. The integrated pest management plan shall include the name of the school designee or IPM coordinator, include the pesticides expected to be applied at the schoolsite by schoolsite or school district employees and hired pest control applicators, and include a date when the plan shall be reviewed and, if necessary, updated. (b) If a schoolsite chooses to use a pesticide not included within Section 17610.5, the school designee shall post on the Internet Web site of the schoolsite, or, if the schoolsite does not maintain an Internet Web site, the school district, an integrated pest management plan for the schoolsite or the school district. If neither the schoolsite nor the school district maintains an Internet Web site, the school designee shall include the integrated pest management plan with the annual notification sent to staff and parents or guardians of pupils enrolled at the schoolsite pursuant to Section 17612. The integrated pest management plan shall include the name of the school designee or IPM coordinator, include the pesticides applied at the schoolsite by schoolsite or school district employees and hired pest control applicators, and include a date when the plan shall be reviewed and, if necessary, updated. (c) Nothing in this section shall limit or otherwise change the requirements of Section 17612. (Added by Stats. 2014, Ch. 848, Sec. 5. (SB 1405) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17612. Source version: id_62dc29b6-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. (a) The school designee shall annually provide to all staff and parents or guardians of pupils enrolled at a schoolsite a written notification of the name of all pesticide products expected to be applied at the schoolsite during the upcoming year. The notification shall identify the active ingredient or ingredients in each pesticide product. The notice shall also contain the Internet address used to access information on pesticides and pesticide use reduction developed by the Department of Pesticide Regulation pursuant to Section 13184 of the Food and Agricultural Code, the Internet address where the schoolsite integrated pest management plan may be found if the schoolsite has posted the plan, and may contain other information deemed necessary by the school designee. The notice shall also inform staff and parents and guardians of pupils enrolled at a schoolsite that they may view a copy of the integrated pest management plan in the schoolsite office. No other written notification of pesticide applications shall be required by this act except as follows: (1) In the written notification provided pursuant to this subdivision, the school designee shall provide the opportunity for recipients to register with the schoolsite if they wish to receive notification of individual pesticide applications at the schoolsite. Persons who register for notification shall be notified of individual pesticide applications at least 72 hours before the application. The notice shall include the product name, the active ingredient or ingredients in the product, and the intended date of application. (2) If a pesticide product not included in the annual notification is subsequently intended for use at the schoolsite, the school designee shall, consistent with this subdivision and at least 72 hours before application, provide written notification of its intended use. (b) The school designee shall make every effort to meet the requirements of this section in the least costly manner. Annual notification by a school district to parents and guardians shall be provided pursuant to Section 48980.3. Any other notification shall, to the extent feasible and consistent with the act adding this article, be included as part of any other written communication provided to individual parents or guardians. This section shall not require the school designee to issue the notice through first-class mail, unless he or she determines that no other method is feasible. (c) Pest control measures taken during an emergency condition as defined in Section 17609 shall not be subject to the requirements of paragraphs (1) and (2) of subdivision (a). However, the school designee or property owner shall make every effort to provide the required notification for an application of a pesticide under emergency conditions. (d) The school designee shall post each area of the schoolsite where pesticides will be applied with a warning sign. The warning sign shall prominently display the term “Warning/Pesticide Treated Area” and shall include the product name, manufacturer’s name, the United States Environmental Protection Agency’s product registration number, intended date and areas of application, and reason for the pesticide application. The warning sign shall be visible to all persons entering the treated area and shall be posted 24 hours before the application and remain posted until 72 hours after the application. In case of a pest control emergency, the warning sign shall be posted immediately upon application and shall remain posted until 72 hours after the application. (e) Subdivisions (a) and (d) shall not apply to schools operated by the Division of Juvenile Justice. The school administrator of a school operated by the Division of Juvenile Justice shall notify the chief medical officer of that facility at least 72 hours before the application of pesticides. The chief medical officer shall take any steps necessary to protect the health of pupils in that facility. (f) This section and Section 17611 shall not apply to activities undertaken at a school by participants in the state program of agricultural vocational education, pursuant to Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of Division 4 of Title 2, if the activities are necessary to meet the curriculum requirements prescribed in Section 52454. This subdivision does not relieve schools participating in the state program of agricultural vocational education of any duties pursuant to this section for activities that are not directly related to the curriculum requirements of Section 52454. (g) Sections 17610 to 17614, inclusive, shall not apply to family day care homes or property owners of family day care homes, as defined in Section 1596.78 of the Health and Safety Code, or their agents who personally apply any pesticides. (h) If pesticide is applied by a property owner or his or her agent, or by a pest control operator, failure to provide notice pursuant to subdivision (b) of Section 17610 or subdivision (d) of Section 13186 of the Food and Agricultural Code shall relieve a privately operated child day care facility from the requirements of this section. (Amended by Stats. 2014, Ch. 848, Sec. 6. (SB 1405) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17613. Source version: id_cfb16fb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. Section 17612 shall not apply to any agency signatory to a cooperative agreement with the State Department of Health Services pursuant to Section 116180 of the Health and Safety Code. (Added by Stats. 2000, Ch. 718, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 5. Property Maintenance and Control [17565 - 17614] ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] SECTION 17614. Source version: id_833e0e9e-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=5.&article=4. (a) Commencing July 1, 2016, and except as provided in subdivision (b), the school designee, and any person, including, but not necessarily limited to, a schoolsite or school district employee, who, in the course of his or her work, intends to apply a pesticide at a schoolsite subject to this article, shall annually complete a training course provided by the Department of Pesticide Regulation or an agent authorized by the Department of Pesticide Regulation. The training course shall include integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. (b) (1) Commencing July 1, 2016, any person hired to apply a pesticide at a schoolsite subject to this article shall complete at least a one-hour training course in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health before applying pesticides at a schoolsite subject to this article and during each subsequent licensing period in which the person applies a pesticide at a schoolsite subject to this article. The training course may be applied to his or her professional continuing education requirement required by the Structural Pest Control Board or the Department of Pesticide Regulation. (2) The training course required by paragraph (1) shall be developed by the Department of Pesticide Regulation and may also be developed by a provider approved by the Structural Pest Control Board if the training course has been approved by the Department of Pesticide Regulation. (3) The Department of Pesticide Regulation shall ensure that the training course it develops or approves pursuant to paragraph (2) meets the requirements for continuing education credit required by the Structural Pest Control Board and the Department of Pesticide Regulation. (Added by Stats. 2014, Ch. 848, Sec. 7. (SB 1405) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] SECTION 17620. Source version: id_9ccfcbce-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=6.&article= (a) (1) The governing board of any school district is authorized to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the district, for the purpose of funding the construction or reconstruction of school facilities, subject to any limitations set forth in Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code. This fee, charge, dedication, or other requirement may be applied to construction only as follows: (A) To new commercial and industrial construction. The chargeable covered and enclosed space of commercial or industrial construction shall not be deemed to include the square footage of any structure existing on the site of that construction as of the date the first building permit is issued for any portion of that construction. (B) To new residential construction. (C) (i) Except as otherwise provided in clause (ii), to other residential construction, only if the resulting increase in assessable space exceeds 500 square feet. The calculation of the “resulting increase in assessable space” for this purpose shall reflect any decrease in assessable space in the same residential structure that also results from that construction. Where authorized under this paragraph, the fee, charge, dedication, or other requirement is applicable to the total resulting increase in assessable space. (ii) This subparagraph does not authorize the imposition of a levy, charge, dedication, or other requirement against residential construction, regardless of the resulting increase in assessable space, if that construction qualifies for the exclusion set forth in subdivision (a) of Section 74.3 of the Revenue and Taxation Code. (D) To location, installation, or occupancy of manufactured homes and mobilehomes, as defined in Section 17625. (2) For purposes of this section, “construction” and “assessable space” have the same meanings as defined in Section 65995 of the Government Code. (3) For purposes of this section and Section 65995 of the Government Code, “construction or reconstruction of school facilities” does not include any item of expenditure for any of the following: (A) The regular maintenance or routine repair of school buildings and facilities. (B) The inspection, sampling, analysis, encapsulation, or removal of asbestos-containing materials, except where incidental to school facilities construction or reconstruction for which the expenditure of fees or other consideration collected pursuant to this section is not prohibited. (C) The purposes of deferred maintenance described in Section 17582. (4) The appropriate city or county may be authorized, pursuant to contractual agreement with the governing board, to collect and otherwise administer, on behalf of the school district, any fee, charge, dedication, or other requirement levied under this subdivision. In the event of any agreement authorizing a city or county to collect that fee, charge, dedication, or other requirement in any area within the school district, the certification requirement set forth in subdivision (b) or (c), as appropriate, is deemed to be complied with as to any residential construction within that area upon receipt by that city or county of payment of the fee, charge, dedication, or other requirement imposed on that residential construction. (5) Fees or other consideration collected pursuant to this section may be expended by a school district for the costs of performing any study or otherwise making the findings and determinations required under subdivisions (a), (b), and (d) of Section 66001 of the Government Code, or in preparing the school facilities needs analysis described in Section 65995.6 of the Government Code. In addition, an amount not to exceed, in any fiscal year, 3 percent of the fees collected in that fiscal year pursuant to this section may be retained by the school district, city, or county, as appropriate, for reimbursement of the administrative costs incurred by that entity in collecting the fees. When any city or county is entitled, under an agreement as described in paragraph (4), to compensation in excess of that amount, the payment of that excess compensation shall be made from other revenue sources available to the school district. For purposes of this paragraph, “fees collected in that fiscal year pursuant to this section” does not include any amount in addition to the amounts specified in paragraphs (1) and (2) of subdivision (b) of Section 65995 of the Government Code. (b) A city or county, whether general law or chartered, or the Office of Statewide Health Planning and Development shall not issue a building permit for any construction absent certification by the appropriate school district that any fee, charge, dedication, or other requirement levied by the governing board of that school district has been complied with, or of the district’s determination that the fee, charge, dedication, or other requirement does not apply to the construction. The school district shall issue the certification immediately upon compliance with the fee, charge, dedication, or other requirement. (c) If, pursuant to subdivision (c) of Section 17621, the governing board specifies that the fee, charge, dedication, or other requirement levied under subdivision (a) is subject to the restriction set forth in subdivision (a) of Section 66007 of the Government Code, the restriction set forth in subdivision (b) of this section does not apply. In that event, however, a city or county, whether general law or chartered, shall not conduct a final inspection or issue a certificate of occupancy, whichever is later, for any residential construction absent certification by the appropriate school district of compliance by that residential construction with any fee, charge, dedication, or other requirement levied by the governing board of that school district pursuant to subdivision (a). (d) Neither subdivision (b) nor (c) shall apply to a city, county, or the Office of Statewide Health Planning and Development as to any fee, charge, dedication, or other requirement as described in subdivision (a), or as to any increase in that fee, charge, dedication, or other requirement, except upon the receipt by that city, county, or the Office of Statewide Health Planning and Development of notification of the adoption of, or increase in, the fee or other requirement in accordance with subdivision (c) of Section 17621. (Amended by Stats. 2010, Ch. 541, Sec. 1. (AB 2048) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] SECTION 17621. Source version: id_9df05700-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=6.&article= (a) Any resolution adopting or increasing a fee, charge, dedication, or other requirement pursuant to Section 17620, for application to residential, commercial, or industrial development, shall be enacted in accordance with Chapter 5 (commencing with Section 66000) of Division 1 of Title 7 of the Government Code. The adoption, increase, or imposition of any fee, charge, dedication, or other requirement pursuant to Section 17620 shall not be subject to the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code. The adoption of, or increase in, the fee, charge, dedication, or other requirement shall be effective no sooner than 60 days following the final action on that adoption or increase, except as specified in subdivision (b). (b) Without following the procedure otherwise required for adopting or increasing a fee, charge, dedication, or other requirement, the governing board of a school district may adopt an urgency measure as an interim authorization for a fee, charge, dedication, or other requirement, or increase in a fee, charge, dedication, or other requirement, where necessary to respond to a current and immediate threat to the public health, welfare, or safety. The interim authorization shall require a four-fifths vote of the governing board for adoption, and shall contain findings describing the current and immediate threat to the public health, welfare, or safety. The interim authorization shall have no force or effect on and after a date 30 days after its adoption. After notice and hearing in accordance with subdivision (a), the governing board, upon a four-fifths vote of the board, may extend the interim authority for an additional 30 days. Not more than two extensions may be granted. (c) Upon adopting or increasing a fee, charge, dedication, or other requirement pursuant to subdivision (a) or (b), the school district shall transmit a copy of the resolution to each city and each county in which the district is situated, accompanied by all relevant supporting documentation and a map clearly indicating the boundaries of the area subject to the fee, charge, dedication, or other requirement. The school district governing board shall specify, pursuant to that notification, whether or not the collection of the fee or other charge is subject to the restriction set forth in subdivision (a) of Section 66007 of the Government Code. (d) Any party on whom a fee, charge, dedication, or other requirement has been directly imposed pursuant to Section 17620 may protest the establishment or imposition of that fee, charge, dedication, or other requirement in accordance with Section 66020 of the Government Code, except that the procedures set forth in Section 66021 of the Government Code are deemed to apply, for this purpose, to commercial and industrial development, as well as to residential development. (e) In the case of any commercial or industrial development, the following procedures shall also apply: (1) The school district governing board shall, in the course of making the findings required under subdivisions (a) and (b) of Section 66001 of the Government Code, do all of the following: (A) Make the findings on either an individual project basis or on the basis of categories of commercial or industrial development. Those categories may include, but are not limited to, the following uses: office, retail, transportation, communications and utilities, light industrial, heavy industrial, research and development, and warehouse. (B) Conduct a study to determine the impact of the increased number of employees anticipated to result from the commercial or industrial development upon the cost of providing school facilities within the district. For the purpose of making that determination, the study shall utilize employee generation estimates that are calculated on either an individual project or categorical basis, in accordance with subparagraph (A). Those employee generation estimates shall be based upon commercial and industrial factors within the district or upon, in whole or in part, the applicable employee generation estimates set forth in the January 1990 edition of “San Diego Traffic Generators,” a report of the San Diego Association of Governments. (C) The governing board shall take into account the results of that study in making the findings described in this subdivision. (2) In addition to any other requirement imposed by law, in the case of any development project against which a fee, charge, dedication, or other requirement is to be imposed pursuant to Section 53080 on the basis of a category of commercial or industrial development, as described in paragraph (1), the governing board shall provide a process that permits the party against whom the fee, charge, dedication, or other requirement is to be imposed the opportunity for a hearing to appeal that imposition. The grounds for that appeal include, but are not limited to, the inaccuracy of including the project within the category pursuant to which the fee, charge, dedication, or other requirement is to be imposed, or that the employee generation or pupil generation factors utilized under the applicable category are inaccurate as applied to the project. The party appealing the imposition of the fee, charge, dedication, or other requirement shall bear the burden of establishing that the fee, charge, dedication, or other requirement is improper. (Amended by Stats. 2010, Ch. 541, Sec. 2. (AB 2048) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] SECTION 17622. Source version: id_cfb2f65b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=6.&article= (a) No fee, charge, dedication, or other requirement may be levied by any school district pursuant to Section 17620 upon any greenhouse or other space that is covered or enclosed for agricultural purposes, unless and until the district first complies with subdivisions (b) and (c). (b) The school district governing board shall make a finding, supported by substantial evidence, of both of the following: (1) The amount of the proposed fees or other requirements and the location of the land, if any, to be dedicated, bear a reasonable relationship and are limited to the needs of the community for elementary or high school facilities caused by the development. (2) The amount of the proposed fees or other requirements does not exceed the estimated reasonable cost of providing for the construction or reconstruction of the school facilities necessitated by the development projects from which the fees or other requirements are to be collected. (c) In determining the amount of the fees or other requirements, if any, to be levied on the development of any structure as described in subdivision (a), the school district governing board shall consider the relationship between the proposed increase in the number of employees, if any, the size and specific use of the structure, and the cost of the construction. No fee, charge, dedication, or other form of requirement, as authorized under Section 17620, shall be applied to the development of any structure described in subdivision (a) where the governing board finds either that the number of employees is not increased as a result of that development, or that housing has been provided for those employees, to the extent of any increase, by their employer, against which housing a fee, charge, or dedication, or other form of requirement has been applied under Section 17620. In developing the finding described in this section, the governing board shall consult with the county agricultural commissioner or the county director of the cooperative extension service. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] SECTION 17623. Source version: id_cfb2f65d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=6.&article= In the event the fee authorized pursuant to Section 17620 is levied by two nonunified school districts having common territorial jurisdiction, in a total amount that exceeds the maximum fee authorized under Section 65995 of the Government Code, the fee revenue for the area of common jurisdiction shall be distributed in the following manner: (a) The governing boards of the affected school districts shall enter into an agreement specifying the allocation of fee revenue and the duration of the agreement. A copy of that agreement shall be transmitted by each district to the State Allocation Board. (b) In the event the affected school districts are unable to reach an agreement pursuant to subdivision (a), the districts shall jointly submit the dispute to a three-member arbitration panel composed of one representative chosen by each of the districts and one representative chosen jointly by both of the districts. The decision of the arbitration panel shall be final and binding upon both districts for a period of three years. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] SECTION 17624. Source version: id_cfb47cff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=6.&article= (a) Any school district that has imposed or, subsequent to the operative date of this section, imposes, any fee, charge, dedication, or other requirement under Section 17620 against any development project that subsequently meets the description set forth in subdivision (b), shall repay or reconvey, as appropriate, that fee, charge, dedication, or other requirement to the person or persons from whom that fee, charge, dedication, or other requirement was collected, less the amount of the administrative costs incurred in collecting and repaying the fee, charge, dedication, or other requirement. (b) This section applies to any development project for which the building permit, including any extensions, expires on or after January 1, 1990, without the commencement of construction, as defined in subdivision (c) of Section 65995 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] SECTION 17624.5. Source version: id_131b1be0-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=6.&article= Any action brought in the superior court relating to this chapter may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title 7 of the Government Code. (Added by Stats. 2010, Ch. 699, Sec. 2. (SB 894) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] SECTION 17625. Source version: id_37968eb4-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=6.&article= (a) Notwithstanding any other law, any fee, charge, dedication, or other form of requirement levied by the governing board of a school district under Section 17620 may apply, as to any manufactured home or mobilehome, only pursuant to compliance with all of the following conditions: (1) The fee, charge, dedication, or other form of requirement is applied to the initial location, installation, or occupancy of the manufactured home or mobilehome within the school district. (2) The manufactured home or mobilehome is to be located, installed, or occupied on a space or site on which no other manufactured home or mobilehome was previously located, installed, or occupied. (3) The manufactured home or mobilehome is to be located, installed, or occupied on a space in a mobilehome park, or on any site or in any development outside a mobilehome park, on which the construction of the pad or foundation system commenced after September 1, 1986. (b) Compliance on the part of any manufactured home or mobilehome with any fee, charge, dedication, or other form of requirement, as described in subdivision (a), or certification by the appropriate school district of that compliance, shall be required as a condition of the following, as applicable: (1) The close of escrow, if the manufactured home or mobilehome is to be located, installed, or occupied on a mobilehome park space, or on any site or in any development outside a mobilehome park, as described in subdivision (a), and the sale or transfer of the manufactured home or mobilehome is subject to escrow as provided in Section 18035 or 18035.2 of the Health and Safety Code. (2) The approval of the manufactured home or mobilehome for occupancy pursuant to Section 18551 or 18613 of the Health and Safety Code, in the event that paragraph (1) does not apply. (c) A fee or other requirement levied under Section 17620 shall not be applied to any of the following: (1) Any manufactured home or mobilehome located, installed, or occupied on a space in a mobilehome park on or before September 1, 1986, or on any date thereafter, if construction on that space, pursuant to a building permit, commenced on or before September 1, 1986. (2) Any manufactured home or mobilehome located, installed, or occupied on any site outside of a mobilehome park on or before September 1, 1986, or on any date thereafter if construction on that site pursuant to a building permit commenced on or before September 1, 1986. (3) The replacement of, or addition to, a manufactured home or mobilehome located, installed, or occupied on a space in a mobilehome park, subsequent to the original location, installation, or occupancy of any manufactured home or mobilehome on that space. (4) The replacement of a manufactured home or mobilehome that was destroyed or damaged by fire or any form of natural disaster. (5) A manufactured home or mobilehome accessory structure, as defined in Section 18008.5 or 18213 of the Health and Safety Code. (6) The conversion of a rental mobilehome park to a subdivision, cooperative, or condominium for mobilehomes, or its conversion to any other form of resident ownership of the park, as described in Section 50561 of the Health and Safety Code. (d) If any fee or other requirement levied under Section 17620 is required as to any manufactured home or mobilehome that is subsequently replaced by a permanent residential structure constructed on the same lot, the amount of that fee or other requirement shall apply toward the payment of any fee or other requirement under Section 17620 applied to that permanent residential structure. (e) Notwithstanding any other provision of law, any school district that, on or after January 1, 1987, collected any fee, charge, dedication, or other form of requirement from any manufactured home, mobilehome, mobilehome park, or other development, shall immediately repay the fee, charge, dedication, or other form of requirement to the person or persons who made the payment to the extent the fee, charge, dedication, or other form of requirement collected would not have been authorized under subdivision (a). This subdivision shall not apply, however, to the extent that, pursuant to Section 16 of Article I of the California Constitution, it would impair the obligation of any contract entered into by any school district, on or before January 1, 1998. (f) For purposes of this section, “manufactured home,” “mobilehome,” and “mobilehome park” have the meanings set forth in Sections 18007, 18008, and 18214, respectively, of the Health and Safety Code. (g) (1) Whenever a manufactured home or a mobilehome owned by a person 55 years of age or older who is also a member of a lower income household as defined by Section 50079.5 of the Health and Safety Code, and which has been moved from a mobilehome park space located in one school district, where the mobilehome owner has resided, to a space or lot located in a mobilehome park or a subdivision, cooperative, or condominium for mobilehomes or manufactured homes located in another school district, is subject to any fee or other requirement under Section 17620, this section, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code, the district in which the manufactured home or mobilehome has been newly located may waive the fee or other requirement under Section 53080, this section, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code, or otherwise shall be required to grant the homeowner the necessary approval for occupancy of the home, and permission to pay the amount of the fee or other requirement thereafter, in installments, over a period totaling no less than 36 months. A school district may require that the installments be paid monthly, quarterly, or every six months during the 36-month period, and that the fee be secured as a lien perfected against the mobilehome or manufactured home pursuant to Section 18080.7 of the Health and Safety Code. (2) Costs of filing the lien and reasonable late charges or interest may be added to the amount of the lien. This subdivision does not apply if a school facilities fee, charge, or other requirement is imposed pursuant to Section 65995.2 of the Government Code. (Amended by Stats. 2006, Ch. 538, Sec. 95. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] SECTION 17626. Source version: id_cfb47d03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=6.&article= (a) A fee, charge, dedication, or other requirement authorized under Section 17620, whether or not allowable under Chapter 6 (commencing with Section 66010) of Division 1 of Title 7 of the Government Code, may not be applied to the reconstruction of any residential, commercial, or industrial structure that is damaged or destroyed as a result of a disaster, except to the extent the square footage of the reconstructed structure exceeds the square footage of the structure that was damaged or destroyed. That square footage comparison shall be made, in the case of a commercial or industrial structure, on the basis of chargeable covered and enclosed space, as defined in Section 65995 of the Government Code, or, in the case of a residential structure, on the basis of assessable space, as defined in Section 65995 of the Government Code. (b) The following definitions apply for the purposes of this section: (1) “Disaster” means a fire, earthquake, landslide, mudslide, flood, tidal wave, or other unforeseen event that produces material damage or loss. (2) “Reconstruction” means the construction of property that replaces, and is equivalent in kind to, the damaged or destroyed property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 7. Energy Efficiency [17650 - 17653] SECTION 17650. Source version: id_cfb603a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=7.&article= The Legislature finds and declares that it is in the interest of the state and of the people thereof for the state to aid school districts in finding cost-effective methods of conserving energy in school buildings maintained by the districts. The Legislature also finds that while many districts may desire to participate in energy conservation programs designed to reduce the steadily rising costs of meeting the energy needs of school buildings, that the costs involved in improving existing school facilities to become more energy efficient are often prohibitive. It is the intent of the Legislature in enacting this chapter to encourage school districts to retrofit school buildings so as to conserve energy and reduce the costs of supplying energy. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 7. Energy Efficiency [17650 - 17653] SECTION 17651. Source version: id_cfb603a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=7.&article= (a) School districts may borrow funds from federal or state regulated financial institutions for the purposes of design and construction costs associated with retrofitting school buildings to become more energy efficient. School districts shall only be authorized to borrow an amount which does not exceed that which can be repaid from energy cost avoidance savings accumulated from the improvement of school facilities. (b) Any savings and loan association may make loans or advances of credit pursuant to subdivision (a) in an amount not in excess of 5 percent of its total assets. This investment may be in addition to any other investment savings and loan associations are permitted to undertake under Section 6705.7 of the Financial Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 7. Energy Efficiency [17650 - 17653] SECTION 17652. Source version: id_cfb603ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=7.&article= To the extent that these services are available, school districts shall arrange for the preaudit and postaudit of school buildings by investor-owned or municipal utility companies or by independent energy audit companies or organizations which are recognized by federal or state regulated financial institutions. The preaudit shall identify the type and amount of work necessary to retrofit the buildings and shall include an estimate of projected energy savings. The postaudit shall be conducted upon completion of the retrofitting of the school buildings to ensure that the project satisfies the recommendations of the preaudit. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 7. Energy Efficiency [17650 - 17653] SECTION 17653. Source version: id_cfb603ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=7.&article= School districts taking action under this chapter shall contract with qualified businesses capable of retrofitting school buildings. To the extent that lists of qualified businesses are made available to school districts by investor-owned or municipal utility companies or federal or state regulated financial institutions, school districts may utilize the services of these businesses. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 8. Heating, Ventilation, And Air Conditioning Systems [17660 - 17661] SECTION 17660. Source version: id_bb07b374-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=8.&article= The Legislature finds and declares that it is the policy of the state that school facilities provide healthy indoor air quality, including adequate ventilation, to students, teachers, and other occupants in order to protect occupant health, reduce sick days, and improve student productivity and performance. (Added by Stats. 2022, Ch. 777, Sec. 2. (AB 2232) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 8. Heating, Ventilation, And Air Conditioning Systems [17660 - 17661] SECTION 17661. Source version: id_bb07b376-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=8.&article= (a) For purposes of this section, the following definitions apply: (1) “Covered school” means a school district, a county office of education, a charter school, a private school, the California Community Colleges, or the California State University. (2) “HVAC” means heating, ventilation, and air conditioning. (3) “MERV” means minimum efficiency reporting values. (b) (1) A covered school shall, and the University of California is requested to, ensure that facilities, including, but not limited to, classrooms for students, have HVAC systems that meet the minimum ventilation rate requirements set forth in Table 120.1-A of Part 6 (commencing with Section 100.0) of Title 24 of the California Code of Regulations, unless the existing HVAC system is not capable of safely and efficiently providing the minimum ventilation rate. (2) If a school’s existing HVAC system is not capable of safely and efficiently providing the minimum ventilation rate required pursuant to paragraph (1), then a covered school shall, and the University of California is requested to, ensure that its HVAC system meets the minimum ventilation rates in effect at the time the building permit for installation of that HVAC system was issued. In addition, the covered school shall, and the University of California is requested to, document the HVAC system’s inability to meet the current ventilation standards set forth in paragraph (1) in the annual HVAC inspection report required by Section 5142 of Title 8 of the California Code of Regulations, which shall be available to the public upon request. (c) (1) Subject to paragraph (2), a covered school shall, and the University of California is requested to, install filtration that achieves MERV levels of 13 or higher to the extent determined to be feasible and appropriate for the existing HVAC system, as determined by the school. (2) If, pursuant to paragraph (1), it is determined that the existing HVAC system is not designed to achieve MERV levels of 13 or higher, a covered school shall, and the University of California is requested to, install filtration that achieves the highest MERV level that the school determines is feasible without significantly reducing the lifespan or performance of the existing HVAC system. (d) Upon the next triennial update of the California Building Standards Code (Title 24 of the California Code of Regulations), the California Building Standards Commission and the Division of the State Architect shall research, develop, and propose for adoption mandatory standards for carbon dioxide monitors in classrooms of a covered school and the University of California. (e) This section shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make it applicable. (Added by Stats. 2022, Ch. 777, Sec. 2. (AB 2232) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] SECTION 17670. Source version: id_8540f9ed-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=9.&article= The Legislature finds and declares all of the following: (a) In April 2022, California released “Protecting Californians from Extreme Heat: A State Action Plan to Build Community Resilience” which warned of the threats extreme heat poses to public health and safety, economic prosperity, and the natural environment and cautioned that extreme heat can be dangerous or even deadly to vulnerable populations, including children, without access to cooling or shade. (b) A 2022 heat wave shattered all-time high temperature records in cities across California, fueled wildfires, and pushed the electrical grid to the brink of rolling blackouts. (c) According to research by the United Nations Children’s Fund (UNICEF), virtually all two billion children on earth will be exposed to more frequent, longer lasting, and more severe heat waves by 2050. (d) The federal Centers for Disease Control and Prevention identifies extreme heat as the leading cause of weather-related deaths in the United States. (e) Children, especially those that attend schools in urban areas built with heat-retaining materials and that are ill equipped to shelter students from extreme heat, are at heightened risk of suffering heat-related illnesses, poor health outcomes, and a reduction in their ability to learn, as excessive heat interrupts outdoor activity and exercise. (f) Schoolyard shading mitigates the urban heat island effect and reduces ambient temperatures by at least 15 degrees, safeguarding children’s physical and mental health and promoting educational progress. (g) The Legislature has recognized extreme heat as a serious and urgent threat and called on state agencies and departments to invest resources in increasing resilience to extreme heat. (Added by Stats. 2023, Ch. 489, Sec. 1. (SB 515) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] SECTION 17671. Source version: id_8540f9ef-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=9.&article= (a) Projects solely for the installation of freestanding, open-sided shade structures included on the Division of the State Architect pre-checked designs list where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the shade structure project. (b) For purposes of this section, “adjusted construction cost” has the same meaning as in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations. (Added by Stats. 2023, Ch. 489, Sec. 1. (SB 515) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.5. SCHOOL FACILITIES [17210 - 17672] CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] SECTION 17672. Source version: id_5aab7c16-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.5.&chapter=9.&article= (a) School projects approved by the Division of the State Architect on or before December 31, 2030, that improve community ecological health and climate resilience, or improve pupil well-being, learning, or pupil play, and that incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches on school grounds to support pupil engagement in the space, where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the project. (b) In order to qualify for the limit of 20 percent of the adjusted construction cost of the project, as specified in subdivision (a), every effort shall be made not to significantly reduce accessible space and the project shall meet the applicable accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the California Building Standards Code and be, at a minimum, a project described in any of paragraphs (1) to (6), inclusive: (1) A project to remove impervious pavement such as asphalt or concrete and to replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers. (2) A project to plant trees or create schoolyard forests in places that pupils can access during the schoolday, designed to shade and protect pupils from extreme heat and rising temperatures. (3) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds, and other beneficial wildlife, and improve local watersheds. (4) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces. (5) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects may include permeable surfaces, rainwater harvesting, and vegetated swales. (6) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play. (c) The following projects shall not be authorized to use the limit of 20 percent of the adjusted construction cost of the project, as specified in subdivision (a): (1) Projects that do not include any live vegetation. (2) Projects that include artificial turf; rubber surfaces, except for rubber ground surfaces that provide accessibility for pupils with disabilities; rubber tires; plastic; and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and the environment. (3) Projects that use trees and other vegetation that are not climate adapted or that are invasive. (4) Projects that include sports fields or sports courts. (5) Projects that include the construction of a new building or the modernization of an existing building. (d) The Division of the State Architect may adopt regulations to implement this section. If the Division of the State Architect adopts regulations pursuant to this section, school projects submitted pursuant to subdivision (a) on or after January 1, 2025, shall be subject to the adopted regulations. (e) For purposes of this section, “adjusted construction cost” has the same meaning as in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations. (f) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2024, Ch. 1014, Sec. 2. (SB 1091) Effective January 1, 2025. Repealed as of January 1, 2032, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.8. SCHOOLBUS EMISSIONS REDUCTION FUNDS [17920 - 17927] SECTION 17920. Source version: id_cfc0b233-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.8.&chapter=&article= Any school district or county office of education may establish and administer a schoolbus emissions reduction fund to receive revenue from public and private sources for the purpose of purchasing low- or zero-emission schoolbuses to replace, or increase the number of, schoolbuses in the existing school district or county fleet or retrofitting existing schoolbuses to achieve reductions in emissions. (Added by Stats. 1995, Ch. 862, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.8. SCHOOLBUS EMISSIONS REDUCTION FUNDS [17920 - 17927] SECTION 17921. Source version: id_cfc0b235-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.8.&chapter=&article= A school district or county office of education that establishes a schoolbus emissions reduction fund may receive revenues from air pollution control district and air quality management district grants, revenues from a city that are granted pursuant to paragraph (1) of subdivision (b) of Section 44243 of the Health and Safety Code, or from any other source. The school district or county office of education shall contribute a majority of the money deposited in its schoolbus emissions reduction fund. (Added by Stats. 1995, Ch. 862, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.8. SCHOOLBUS EMISSIONS REDUCTION FUNDS [17920 - 17927] SECTION 17922. Source version: id_cfc0b237-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.8.&chapter=&article= State funds may, upon appropriation by the Legislature, be distributed to the Superintendent of Public Instruction for distribution to districts and county offices of education for the purchase of low- or zero-emission schoolbuses that replace, or increase the number of, schoolbuses in the existing schoolbus fleet or for retrofitting existing schoolbuses to achieve reductions in emissions. State funds that are provided pursuant to this part shall not exceed the amount of funds provided from other sources. (Added by Stats. 1995, Ch. 862, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.8. SCHOOLBUS EMISSIONS REDUCTION FUNDS [17920 - 17927] SECTION 17923. Source version: id_cfc0b239-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.8.&chapter=&article= A school district or county office of education may enter into contracts, including multiple year contracts, with private sector individuals, businesses, and other entities for the purpose of receiving revenues to supplement its schoolbus emissions reduction fund in exchange for the issuance to the private sector contributor of emission reduction credits resulting from the purchase by the school district or county office of education of low- or zero-emission schoolbuses or the retrofit of existing schoolbuses. If there are multiple private sector contributors, each of those contributors shall receive a share of the credits allocated in proportion to their contribution, as specified by the school district or county office of education at the time that the parties enter into the agreement. (Added by Stats. 1995, Ch. 862, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.8. SCHOOLBUS EMISSIONS REDUCTION FUNDS [17920 - 17927] SECTION 17924. Source version: id_cfc0b23b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.8.&chapter=&article= The Chairperson of the State Air Resources Board and the Superintendent of Public Instruction shall jointly develop guidelines for school district or county office of education use that describe all of the following: (a) The manner in which school districts or county offices of education may obtain funding from private and public entities for deposit into a school district or county office of education schoolbus emissions reduction fund. (b) The methods for determining the quantity and allocation of emission reduction credits generated from a new bus that replaces an existing bus or from a new or retrofitted bus that represents an expansion of fleet capacity. (c) The methods by which school districts or county offices of education located in the South Coast Air Quality Management District may obtain funds from cities pursuant to paragraph (1) of subdivision (b) of Section 44243 of the Health and Safety Code. (Added by Stats. 1995, Ch. 862, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.8. SCHOOLBUS EMISSIONS REDUCTION FUNDS [17920 - 17927] SECTION 17925. Source version: id_cfc238dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.8.&chapter=&article= Prior to distributing any state funds pursuant to this part, the Superintendent of Public Instruction shall consult with the State Energy Resources Conservation and Development Commission to avoid duplication or overlap with appropriations from the Katz Schoolbus Fund, created pursuant to Section 17911. (Added by Stats. 1995, Ch. 862, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.8. SCHOOLBUS EMISSIONS REDUCTION FUNDS [17920 - 17927] SECTION 17926. Source version: id_cfc238df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.8.&chapter=&article= Any schoolbus replaced pursuant to this part that meets the federal safety standards established in 1977 shall be offered for sale to school districts to replace schoolbuses that do not meet the federal safety standards, at a purchase price not to exceed the amount of the school district or county office of education’s contribution specified in Section 17921, plus appropriate administrative costs. This section shall not apply if the school district or county office of education certifies a continued need for the schoolbus being replaced. (Added by Stats. 1995, Ch. 862, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 10.8. SCHOOLBUS EMISSIONS REDUCTION FUNDS [17920 - 17927] SECTION 17927. Source version: id_aa5f3b29-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=10.8.&chapter=&article= (a) Commencing January 1, 2035, 100 percent of all newly purchased or contracted schoolbuses of a local educational agency shall be zero-emission vehicles, where feasible. (b) If a local educational agency determines that the purchase or contracting of a zero-emission schoolbus is not feasible due to both terrain and route constraints, the local educational agency may request a one-time extension for a term not to exceed five years, in order to meet the requirements in subdivision (a), provided that both of the following conditions are met: (1) The local educational agency can reasonably demonstrate that a daily planned bus route for transporting pupils to and from school cannot be serviced through available zero-emission technology in 2035. (2) The State Air Resources Board, in consultation with the department and the State Energy Resources Conservation and Development Commission, receives and evaluates a local educational agency’s request, and grants a one-time extension based on the local educational agency reasonably demonstrating the condition in paragraph (1). (c) Commencing January 1, 2040, if a frontier local educational agency determines that the purchase or contracting of a zero-emission schoolbus is not feasible due to both terrain and route constraints, the frontier local educational agency may request annual extensions, with the last extension expiring on January 1, 2045, in order to meet the requirements in subdivision (a), provided that both of the following conditions are met: (1) The frontier local educational agency can reasonably demonstrate that a daily planned bus route for transporting pupils to and from school cannot be serviced through available zero-emission technology in the period in which the annual waiver is sought. (2) The State Air Resources Board, in consultation with the department and the State Energy Resources Conservation and Development Commission, receives and evaluates the frontier local educational agency’s request, and grants an annual extension based on the frontier local educational agency reasonably demonstrating the condition in paragraph (1). (d) For purposes of this section, the following definitions apply: (1) “Frontier local educational agency” means a local educational agency that meets either of the following conditions: (A) The total number of pupils in average daily attendance at all of the schools served by the local educational agency is fewer than 600. (B) Each county in which a school operated by the local educational agency is located has a total population density fewer than 10 persons per square mile. (2) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2023, Ch. 445, Sec. 2. (AB 579) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 1. General Provisions [18010 - 18013] SECTION 18010. Source version: id_cfc3bf87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=1. The Legislature finds and declares that it is in the interest of the people and of the state that there be a general diffusion of information and knowledge through the continued operation of free public libraries. Such diffusion is a matter of general concern inasmuch as it is the duty of the state to provide encouragement to the voluntary lifelong learning of the people of the state. The Legislature further declares that the public library is a supplement to the formal system of free public education, and a source of information and inspiration to persons of all ages, cultural backgrounds, and economic statuses, and a resource for continuing education and reeducation beyond the years of formal education, and as such deserves adequate financial support from government at all levels. (Added by Stats. 1982, Ch. 1498, Sec. 1. Section operative July 1, 1983, pursuant to Section 18031.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 1. General Provisions [18010 - 18013] SECTION 18011. Source version: id_cfc54629-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=1. It is the intent of the Legislature under this chapter to initiate and examine a specific program providing equitable and adequate funds to the public libraries of the state which are established under various provisions of law, and which, historically dependent for their support on local property tax revenues, face a fiscal crisis as a result of ad valorem tax limitations imposed by Article XIII A of the California Constitution, which fiscal crisis has not been sufficiently resolved through application of existing statutes. (Added by Stats. 1982, Ch. 1498, Sec. 1. Section operative July 1, 1983, pursuant to Section 18031.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 1. General Provisions [18010 - 18013] SECTION 18012. Source version: id_cfc5462b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=1. In adopting this chapter, the Legislature declares that its policy, and its objective in enacting the specific program prescribed in Section 18011, is to do all of the following: (a) Assure the availability to every resident of the state of an adequate level of public library service regardless of the taxable wealth of the local jurisdiction providing the service. (b) Provide permanent, stable, and predictable financing for public libraries of the state through a combination of state and local revenues. (c) Provide state funds for public library service through application of a simple formula whose variable elements can be readily predicted and ascertained by both state and local officials, and which can be administered by the Controller and the State Librarian as ministerial functions. (d) Reaffirm the principle of local control of the government and administration of public libraries under broad state policy determinations, and subject to the necessity for financial accounting to the state for the expenditure of state funds and required local matching funds. (Added by Stats. 1982, Ch. 1498, Sec. 1. Section operative July 1, 1983, pursuant to Section 18031.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 1. General Provisions [18010 - 18013] SECTION 18013. Source version: id_cfc5462d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=1. The Legislature finds and declares that this chapter effects a state policy that each public library provide a minimum level of service, known as the foundation program, to the extent state funds are made available for that purpose as prescribed by this chapter. The Legislature, therefore, declares that state funds made available to each public library pursuant to this chapter, to the extent those funds are appropriations subject to limitation of a public library, shall be included in the appropriations limit of the state for purposes of Article XIII B of the California Constitution. However, this chapter does not mandate any new program or higher level of service on any local government for which state funds are not made available as prescribed by this chapter. (Added by Stats. 1982, Ch. 1498, Sec. 1. Section operative July 1, 1983, pursuant to Section 18031.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 2. Definitions [18015- 18015.] SECTION 18015. Source version: id_cfc54631-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=2. As used in this chapter: (a) “Public library” means a library, or two or more libraries, operated as a single entity by one or more public jurisdictions and which serve the general public without distinction. (b) “Foundation program” means those elements of library service which are basic to its function as a provider of information, education, and cultural enrichment to all segments of the community, including, but not limited to, collection development and maintenance, lending services, information services, facility maintenance, and administration. The foundation program shall not include major capital improvements, which, for purposes of this chapter, shall be defined as the purchase of real property, the construction or improvement of buildings, and the purchase of equipment and the payment of fees or other costs in connection with the same. (c) “Fiscal officer” means, for a municipal library, the chief fiscal officer of the municipality; for a county library or a library district under the jurisdiction of the county board of supervisors, the chief fiscal officer of the county; and for an independent library district, the chief librarian of the district. In the case of a public library which provides foundation program service by contract to one or more jurisdictions in addition to the jurisdiction or jurisdictions with which it is affiliated, the chief fiscal officer of the jurisdiction with which it is primarily affiliated shall be deemed the fiscal officer for the public library for the purposes of this chapter. (Amended by Stats. 1984, Ch. 895, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 3. Funding [18020 - 18026] SECTION 18020. Source version: id_f83edfb2-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=3. For the fiscal year 1982–83, the cost of the foundation program is deemed to be twelve dollars ($12) per capita. For the 1983–84 fiscal year and each fiscal year thereafter, the cost of the foundation program shall be increased by a percentage equal to the average statewide percentage increase in the total revenue limit for all unified school districts computed pursuant to Section 42238 from the prior fiscal year. (Added by Stats. 1982, Ch. 1498, Sec. 1. Section operative July 1, 1983, pursuant to Section 18031.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 3. Funding [18020 - 18026] SECTION 18021. Source version: id_f88d74e4-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=3. The State Librarian shall determine and certify, on or before June 1, 1982, and June 1 of each fiscal year thereafter, the population served by each public library of the state based upon census data compiled by the United States Department of Commerce or estimates prepared by the California Department of Finance, whichever is more current. For such purposes, no person shall be deemed to be served by more than one public library. (Added by Stats. 1982, Ch. 1498, Sec. 1. Section operative July 1, 1983, pursuant to Section 18031.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 3. Funding [18020 - 18026] SECTION 18022. Source version: id_f8d923e6-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=3. The total cost of the foundation program for each public library for the purposes of this chapter shall be the product of the per capita cost determined pursuant to Section 18020 multiplied by the population determined pursuant to Section 18021. (Added by Stats. 1982, Ch. 1498, Sec. 1. Section operative July 1, 1983, pursuant to Section 18031.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 3. Funding [18020 - 18026] SECTION 18023. Source version: id_f92918a8-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=3. On or before August 31, 1982, and October 31 of each fiscal year thereafter, the fiscal officer of each public library shall report to the State Librarian the total revenue appropriated for the foundation program of the public library for that fiscal year and shall specify the amount of local revenue included in such total appropriation. For the purposes of this chapter, homeowner and business inventory exemption reimbursements, timber yield tax funds, and federal revenue sharing funds shall be deemed to be local revenues. (Amended by Stats. 1984, Ch. 831, Sec. 1. Effective August 31, 1984.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 3. Funding [18020 - 18026] SECTION 18024. Source version: id_fb6dd890-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=3. (a) A fund is hereby created in the State Treasury to be known as the Public Library Fund. (b) The Controller shall transfer on January 1, 1984, from the General Fund to the Public Library Fund the amount necessary to meet the state’s obligations under this chapter for the remainder of the 1983–84 fiscal year. (c) The Controller shall transfer on July 1, 1984, and on July 1 of each year thereafter, from the General Fund to the Public Library Fund the amount necessary to meet the state’s obligation under this chapter for that particular fiscal year. (Amended by Stats. 1983, Ch. 323, Sec. 9. Effective July 1, 1983.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 3. Funding [18020 - 18026] SECTION 18025. Source version: id_fbc2d662-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=3. (a) For the 1982–83 fiscal year and each fiscal year thereafter, the State Librarian shall determine the amount to which each public library is entitled for support of the library during the fiscal year. The amount shall be equal to 10 percent of the cost of the foundation program as determined pursuant to Section 18022. (b) If local revenues appropriated for a public library for the 1982–83 fiscal year and each fiscal year thereafter, including tax revenues made available under Chapter 282 of the Statutes of 1979, total less than 90 percent of the cost of the foundation program as determined pursuant to Section 18022, the state allocation for that fiscal year shall be reduced proportionately. A proportional reduction in the state allocation as described in this subdivision shall not be made, however, commencing with the 1997–98 fiscal year and each fiscal year thereafter, if the amount appropriated to the Public Library Fund for that fiscal year is equal to or greater than the amount necessary to fund each public library in the amount it received for the prior fiscal year, thus providing the state’s share of the cost of the foundation program to each library based only on its population served, as certified by the State Librarian. After the first fiscal year in which the proportional reduction is not made, no further reductions based on this subdivision shall be made in any future fiscal year. It is the intent of this subdivision to make this change without harm to any library currently receiving an unreduced share of the state’s cost of the foundation program. (c) If local revenues appropriated for a public library for the 1982–83 fiscal year and each fiscal year thereafter, including tax revenues made available under the provisions of Chapter 282 of the Statutes of 1979, total more than 90 percent of the cost of the foundation program as determined pursuant to Section 18022, the state allocation for that fiscal year shall remain at 10 percent of the cost of the foundation program as determined pursuant to Section 18022. (d) In order for a public library to receive state funds under this chapter in the 1983–84 fiscal year and any fiscal year thereafter, the total amount of local revenues appropriated for the public library for that fiscal year, including tax revenues made available under Chapter 282 of the Statutes of 1979 and other revenues deemed to be local revenues according to Section 18023, shall be equal to at least the total amount of local revenues, as defined, appropriated for the public library in the previous fiscal year. State funds provided under this chapter shall supplement, but not supplant, local revenues appropriated for the public library. (e) (1) Notwithstanding subdivision (d), or any other provision of law, in the 1993–94 fiscal year, any city, county, district, or city and county, that reduces local revenues appropriated for the public library for the 1993–94 fiscal year shall continue to receive state funds appropriated under this chapter for the 1993–94 fiscal year only, provided that the amount of the reduction to the appropriation to that public library for the 1993–94 fiscal year is no more than 20 percent of the 1992–93 fiscal year appropriation made to that public library as certified by the fiscal officer of the public library and transmitted to the State Librarian pursuant to Section 18023. (2) Commencing with the 1993–94 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) or of paragraph (1) by demonstrating that the percentage of the reduction in local revenues appropriated for the public library is no greater than the percentage of the reduction of local revenues received by the city, county, district, or city and county operating the public library as a result of changes made to Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code by statutes enacted during or after the 1991–92 Regular Session having the effect of shifting property tax revenues from cities, counties, special districts, and redevelopment agencies to school districts and community colleges. Requests for the waiver and the substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law. (3) Commencing with the 1997-98 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) by demonstrating that the percentage of reduction in local revenues appropriated for the public library is no greater than the percentage of reduction of local revenues received by the city, county, district, or city and county operating the public library as a result of the addition of Article XIII D, otherwise known as the Right to Vote on Taxes Act, to the California Constitution as approved by the voters at the November 5, 1996, general election. Requests for the waiver and the substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law. (4) Commencing with the 2000–01 fiscal year, and each fiscal year thereafter, any city, county, district, or city and county may request from the State Librarian a waiver of the requirements of subdivision (d) or of paragraph (1) by demonstrating that the reduction in local revenues appropriated for the public library is no greater than the reduction in local revenues received by the city, county, district, or city and county operating the public library as a result of the automatic termination of a locally approved special tax or benefit assessment for that public library. Requests for the waiver and substantiating documentation shall be submitted to the State Librarian along with the annual report of appropriation required by Section 18023 or any other report of appropriations applying to public libraries required by any other provision of law. (f) If the state allocations computed pursuant to this section exceed the total amount of funds appropriated for purposes of this section in any fiscal year, the State Librarian shall adjust on a pro rata basis public library allocations prescribed by this section so that the total amount in each fiscal year does not exceed this amount. (Amended by Stats. 2000, Ch. 506, Sec. 5. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 3. Funding [18020 - 18026] SECTION 18026. Source version: id_fc103314-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=3. Commencing with the 1984–85 fiscal year, the State Librarian shall certify to the Controller on or before November 15, 1984, and on or before each November 15 thereafter, the amounts determined in Section 18025. The Controller shall distribute to the fiscal officer of each public library 100 percent of the amount certified by the State Librarian on or before January 15 of the 1984–85 fiscal year, and on or before each January 15 thereafter. (Amended by Stats. 1984, Ch. 831, Sec. 3. Effective August 31, 1984.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 4. Services [18030 - 18032] SECTION 18030. Source version: id_fe2a1272-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=4. Notwithstanding any other provision of law, books and other library materials acquired or maintained by a public library as a part of the foundation program supported in part by state funds under this chapter shall be made available upon request to other public libraries in the state without charge, subject to any restrictions which may apply to the use of the materials by residents of the area normally served by the library. (Added by Stats. 1982, Ch. 1498, Sec. 1. Section operative July 1, 1983, pursuant to Section 18031.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 4. Services [18030 - 18032] SECTION 18030.5. Source version: id_005b716a-3072-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=4. (a) Every public library that receives state funds pursuant to this chapter and that provides public access to the Internet shall, by a majority vote of the governing board, adopt a policy regarding access by minors to the Internet by January 1, 2000. (b) Every public library that is required to adopt a policy pursuant to subdivision (a) shall make the policy available to members of the public at every library branch. (Added by Stats. 1998, Ch. 429, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 4. Services [18030 - 18032] SECTION 18031. Source version: id_013c0d70-3072-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=4. The provisions of this chapter shall become operative July 1, 1983. (Added by Stats. 1982, Ch. 1498, Sec. 1. Note: This section prescribes a delayed operative date (July 1, 1983) for Chapter 1.5, commencing with Section 18010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 1.5. Public Library Finance [18010 - 18032] ARTICLE 4. Services [18030 - 18032] SECTION 18032. Source version: id_e253cff1-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=1.5.&article=4. (a) Every public library that receives state funds pursuant to this chapter and that provides public access to video recordings shall, by a majority vote of the governing board, adopt a policy regarding access by minors to video recordings by January 1, 2000. (b) Every public library that is required to adopt a policy pursuant to subdivision (a) shall make that policy available to members of the public at every library branch. (Amended by Stats. 2009, Ch. 88, Sec. 21. (AB 176) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 10. California Freedom to Read Act [19800 - 19802] SECTION 19800. Source version: id_ebc4fb08-b8d3-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=10.&article= This chapter shall be known, and may be cited, as the California Freedom to Read Act. (Added by Stats. 2024, Ch. 941, Sec. 1. (AB 1825) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 10. California Freedom to Read Act [19800 - 19802] SECTION 19801. Source version: id_ebc4fb0a-b8d3-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=10.&article= The Legislature finds and declares all of the following: (a) Libraries are essential for information, education, and enlightenment of all people of the community the library serves. (b) Libraries provide access to books that offer teachable moments for readers of all ages and expand our understanding of people with different backgrounds, ideas, and beliefs. (c) A person’s right to use a library should not be denied or abridged solely because of personal characteristics, age, background, or views. (d) Removing and banning books from public libraries are dangerous acts of government censorship and erode our country’s commitment to freedom of expression and the right to receive information. (e) Librarians are professionals trained to not impose their own thoughts and opinions on which ideas are right, but to make knowledge and ideas available so that people have the freedom to choose what to read. (f) Librarians and library staff receive extensive professional training to develop and curate collections to meet the broad and diverse interests of their communities, which include, but are not limited to, literary value and developmental appropriateness of material. (Added by Stats. 2024, Ch. 941, Sec. 1. (AB 1825) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 10. California Freedom to Read Act [19800 - 19802] SECTION 19802. Source version: id_ebc4fb0c-b8d3-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=10.&article= (a) (1) Every public library jurisdiction that directly receives any state funding, including, but not limited to, state funding pursuant to this part, shall establish, adopt, and maintain a written and publicly accessible collection development policy for its public libraries by January 1, 2026, and shall submit that collection development policy to the State Librarian. The State Librarian or their designee may provide technical assistance to public libraries in developing their collection development policy. The collection development policy, at a minimum, shall do all of the following: (A) Establish a process for community members to share their concerns regarding library materials and to request that library materials be reconsidered for inclusion in the library’s collection. (B) Guide the selection and deselection of library materials. (C) Acknowledge that the public library’s collection meets the broad and diverse interests of the community and respect both the library’s autonomy and their specific community needs. (D) Establish that the public library serves as a center for voluntary inquiry and the dissemination of information and ideas. (E) Acknowledge that library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in the collection as a whole. (F) Acknowledge the right of the public to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences. (2) A librarian, library media specialist, other employee, or contractor at a public library shall not be subject to termination, demotion, discipline, or retaliation for either of the following: (A) Refusing to remove a library material before it has been reviewed in accordance with the public library’s process for the reconsideration of library materials established pursuant to subparagraph (A) of paragraph (1). (B) Making displays, acquisitions, or programming decisions that the employee or contractor believes, in good faith, are in accordance with the requirements of this section. (b) (1) The governing board or body of a public library, or any body or commission designated to review the procurement, retention, or circulation of, or access to, library materials, shall not proscribe or prohibit the circulation or procurement of, or access to, any library materials in a public library because of the topic addressed by the materials or because of the views, ideas, or opinions contained in those materials. (2) (A) Library materials in public libraries shall not be excluded, and access to library materials shall not be limited, solely on the bases of any of the following: (i) The race, nationality, gender identity, sexual orientation, religion, disability, political affiliation, or any other characteristic listed in subdivision (a) of Section 12940 of the Government Code, or the socioeconomic status of a subject of the library materials, an author of the library materials, the source of the library materials, or the perceived or intended audience for the library materials. (ii) The library materials contain inclusive and diverse perspectives. (iii) The library materials may include sexual content, unless that content qualifies as obscene under United States Supreme Court precedent. (B) This paragraph does not apply to library materials excluded, or for which access is limited, pursuant to a library maintenance and deaccession policy. (3) The governing board or body of a public library, or any body or commission designated to review the procurement, retention, or circulation of, or access to, library materials, shall not create policies or procedures that limit or restrict access to library materials offered by the public library unless the policies or procedures are adopted to preserve the safety or security of the library materials, are time, place, and manner restrictions not based on the content of materials, or are programs that provide for the effective management of the library and its resources to preserve access for all library users. (c) A person’s right to use a public library and its resources shall not be denied or abridged solely because of personal characteristics, age, background, or views. (d) All people, regardless of personal characteristics, age, background, or views, possess a right to privacy and confidentiality in the materials they borrow from libraries. (e) This section applies to a public library, as defined in Section 18015, including any public library operated on a contractual basis, or by a city, including a general law or charter city, county, special district, or joint powers authority, except that it does not apply to any school library, as defined in Section 18710, or any library operated by the governing board of a school district, a county board of education, or the governing body of a charter school. (f) For purposes of this section, the following definitions apply: (1) “Library materials” includes, but is not limited to, books, periodicals and serials, audio materials, audiovisual materials, instructional materials, maps, databases, government documents, records, photographs, and all other similar materials, whether in tangible or electronic form. “Library materials” does not include hardware, tools, instruments, computers, appliances, or other items that are not for the primary purpose of conveying ideas or information. (2) “Public library jurisdiction” means a county, city and county, city, or any district that is authorized by law to provide public library services and that operates a public library described in subdivision (e). (Added by Stats. 2024, Ch. 941, Sec. 1. (AB 1825) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 10.5. Miscellaneous Provisions [19900 - 19911] ARTICLE 1. Deposit of Newspapers in Libraries [19900 - 19902] SECTION 19900. Source version: id_d065cbd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=10.5.&article=1. The board of supervisors of any county may authorize the county recorder to deposit with any free public library maintained at the county seat, or with the State Library, such newspaper files, or portions thereof, as may be in the custody of the recorder by virtue of Chapter 110 of the Statutes of 1862, relating to the purchase and preservation of newspapers, or by virtue of any other act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 10.5. Miscellaneous Provisions [19900 - 19911] ARTICLE 1. Deposit of Newspapers in Libraries [19900 - 19902] SECTION 19901. Source version: id_d065cbd5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=10.5.&article=1. Before making the deposit, the board of supervisors shall obtain from the board of trustees or authorities in charge of the free public library, or the State Librarian, as the case may be, an agreement that it will properly preserve and care for the newspaper files, and make them accessible to the public. (Amended by Stats. 1990, Ch. 1372, Sec. 172.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 10.5. Miscellaneous Provisions [19900 - 19911] ARTICLE 1. Deposit of Newspapers in Libraries [19900 - 19902] SECTION 19902. Source version: id_d065cbd7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=10.5.&article=1. The board of supervisors of any county may authorize the boards of trustees or other authorities in charge of any free public library with which newspaper files have been deposited in accordance with Section 19900 to deposit the newspaper files with the State Library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 10.5. Miscellaneous Provisions [19900 - 19911] ARTICLE 2. Offenses Against Libraries [19910 - 19911] SECTION 19910. Source version: id_d065cbdb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=10.5.&article=2. Any person who maliciously cuts, tears, defaces, breaks, or injures any book, map, chart, picture, engraving, statue, coin, model, apparatus, or other work of literature, art, mechanics, or object of curiosity, deposited in any public library, gallery, museum, collection, fair, or exhibition, is guilty of a misdemeanor. The parent or guardian of a minor who willfully and maliciously commits any act within the scope of this section shall be liable for all damages so caused by the minor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 10.5. Miscellaneous Provisions [19900 - 19911] ARTICLE 2. Offenses Against Libraries [19910 - 19911] SECTION 19911. Source version: id_d065cbdd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=10.5.&article=2. Any person who willfully detains any book, newspaper, magazine, pamphlet, manuscript, or other property belonging to any public or incorporated library, reading room, museum, or other educational institution, for 30 days after notice in writing to return the article or property, given after the expiration of the time for which by the rules of the institution the article or property may be kept, is guilty of a misdemeanor. The parent or guardian of a minor who willfully and maliciously commits any act within the scope of this section shall be liable for all damages so caused by the minor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 1. General Provisions [19950 - 19952] SECTION 19950. Source version: id_e869295f-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=1. This chapter shall be known and may be cited as the California Library Construction and Renovation Bond Act of 1988. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 1. General Provisions [19950 - 19952] SECTION 19951. Source version: id_e8caf871-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=1. The Legislature finds and declares all of the following: (a) The public library is a supplement to the formal system of free public education, a source of information and inspiration to persons of all ages, cultural backgrounds, and economic statuses, and a resource for continuing education and reeducation beyond the years of formal education, and therefore deserves adequate financial support from government at all levels. (b) It is in the interest of the people and of the state that there be a general diffusion of information and knowledge through the continued operation of free public libraries. This diffusion is a matter of general concern inasmuch as it is the duty of the state to provide encouragement to the voluntary lifelong learning of the people of the state. (c) Many existing public library facilities are not safe, efficient, or accessible for use, adequate for the size of the communities they serve, or otherwise capable of providing the public library services needed by the communities they serve. (d) Many communities that are populous enough to require a public library facility do not have one. (e) Local public library authorities do not have sufficient funds to construct or rehabilitate necessary public library facilities. (f) Funding to meet the need for public library facilities, which is beyond the ability of local government to supply, is most appropriately met by a partnership of state and local governments. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 1. General Provisions [19950 - 19952] SECTION 19952. Source version: id_e9335733-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=1. As used in this chapter, the following terms have the following meanings: (a) “Committee” means the California Library Construction and Renovation Finance Committee created pursuant to Section 19972. (b) “Fund” means the California Library Construction and Restoration Fund created pursuant to Section 19955. (c) “Board” means the California Library Construction and Renovation Board. The board includes the State Librarian, the Treasurer, the Director of Finance, the Assembly Member appointed by the Speaker of the Assembly, and the Senator appointed by the Senate Rules Committee. Legislative members of the board shall meet with, and participate in, the work of the board to the extent that their participation is not incompatible with their duties as Members of the Legislature. For the purposes of this chapter, Members of the Legislature who are members of the board shall constitute a joint legislative committee on the subject matter of this chapter. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19955. Source version: id_e9f17717-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the California Library Construction and Renovation Fund, which is hereby created. Notwithstanding Section 13340 of the Government Code, the fund shall be continuously appropriated without regard to fiscal year. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19956. Source version: id_ea4d52b9-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. All moneys deposited in the fund shall be available for grants to any city, county, city and county, or district that is empowered at the time of the project application to own and maintain a facility for the acquisition, construction, remodeling, or rehabilitation of facilities for public library services. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19957. Source version: id_eaa843fb-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. The grant funds authorized pursuant to Section 19956 and the matching funds provided pursuant to Section 19962 shall be used by the recipient for any of the following purposes: (a) Acquisition or construction of new facilities or additions to existing facilities. (b) Acquisition of land necessary for purposes of subdivision (a). (c) Remodeling of existing facilities for energy conservation purposes. (d) Remodeling of existing facilities to provide access for the disabled. (e) Rehabilitation of existing facilities to bring them into compliance with current health and safety requirements for public facilities. (f) Procurement and installation of shelving fastened to the structure, and built-in equipment required to make a facility fully operable. (g) Payment of fees charged by architects, engineers, and other design professionals whose services are required to plan and execute a project authorized pursuant to this chapter. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19957.5. Source version: id_283753ee-1043-11dc-aaa9-8413c1335835 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. (a) An applicant for a grant for the acquisition, construction, remodeling, or rehabilitation of public library facilities under this chapter, as opposed to an application for a grant to acquire land pursuant to subdivision (b) of Section 19957, shall be eligible to apply for that grant if that applicant has an order issued by a court for possession of property in an eminent domain action pursuant to Section 1255.410 of the Code of Civil Procedure. (b) The terms “purchase of land” or “acquisition of land,” as used in this chapter, or in any rule, regulation, or policy adopted by the state librarian pursuant to Section 19960, shall include, but shall not be limited to, the acquisition of land by eminent domain and the eligible cost of acquisition of land by eminent domain shall be the fair market value of the property as defined by Sections 1263.310 to 1263.330, inclusive, of the Code of Civil Procedure. However, the eligible cost of the land for a library project’s site acquired by eminent domain, if title to the land will not be transferred until after the grant application is submitted, shall be limited to the appraised value of the land. (Added by Stats. 1991, Ch. 45, Sec. 1. Effective June 3, 1991.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19958. Source version: id_eb09c4ed-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. No grant funds authorized pursuant to Section 19956 or matching funds provided pursuant to Section 19962 shall be used by a recipient for any of the following purposes: (a) Books and other library materials. (b) Administration costs of the project, including, but not limited to, the costs of all of the following: (1) Preparation of the grant application. (2) Procurement of matching funds. (3) Conducting an election for obtaining voter approval of the project. (4) Plan checking and code compliance inspections. (c) Interest or other carrying charges for financing the project, including, but not limited to, costs of loans or lease-purchase agreements in excess of the direct costs of any of the authorized purposes specified in Section 19957. (d) Any ongoing operating expenses for the facility, its personnel, supplies, or any other library operations. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19959. Source version: id_ebc06abf-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. All construction contracts for projects funded in part through grants awarded pursuant to this chapter shall be awarded through competitive bidding pursuant to Part 3 (commencing with Section 20100) of the Public Contract Code. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19960. Source version: id_ec15ddc1-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. This chapter shall be administered by the State Librarian, who shall adopt rules, regulations, and policies for the implementation of this chapter. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19961. Source version: id_ec68dfc3-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. A city, county, city and county, or district may apply to the State Librarian for a grant pursuant to this chapter, as follows: (a) Each application shall be for a project for a purpose authorized by Section 19957. (b) The applicant shall request not less than thirty-five thousand dollars ($35,000) per project. (c) No application shall be submitted for a project for which construction bids already have been advertised. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19962. Source version: id_ecbc56f5-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. (a) Each grant recipient shall provide matching funds from any available source in an amount equal to 35 percent of the costs of the project. The remaining 65 percent of the costs of the project shall be provided through allocations from the fund. (b) Qualifying matching funds shall be cash expenditures in the categories specified in Section 19957 which are made no earlier than three years prior to the submission of the application to the State Librarian. Except as otherwise provided in subdivision (c), in-kind expenditures shall not qualify as matching funds. (c) Land donated or otherwise acquired for use as a site for the facility, including, but not limited to, land purchased more than three years prior to the submission of the application to the State Librarian, may be credited towards the 35 percent matching funds requirement at its appraised value as of the date of the application. (d) Cash expenditures not to exceed 10 percent for furnishings required to make the facility fully operable may be credited towards the 35 percent matching funds requirement. The recipient shall certify to the board that these furnishings have an estimated useful life of not less than 10 years. (e) Architect fees for plans and drawings for library renovation and new construction, including plans and drawings purchased more than three years prior to the submission of the application to the State Librarian, may be credited towards the 35 percent matching funds requirement. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19963. Source version: id_ed0bfd97-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. An amount not to exceed 1 percent of the cost of construction of the project may be used for appropriate works of art to enhance the facility. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19964. Source version: id_ed5d03c9-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. (a) The estimated costs of a project for which an application is submitted shall be consistent with normal public construction costs in the applicant’s area. (b) An applicant wishing to construct a project with costs which exceed normal public construction costs in the applicant’s area may apply for a grant in an amount not to exceed 65 percent of the normal costs if the applicant certifies that it is capable of financing the remainder of the project costs from other sources. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19965. Source version: id_edae7f2b-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. Once an application has been approved by the board and included in the State Librarian’s request to the committee, the amount of funding to be provided to the applicant shall not be increased. Any actual changes in project costs shall be the full responsibility of the applicant. In the event that the amount of funding which is provided is greater than the cost of the project, the applicant shall return that portion of the funding which exceeds the cost of the project to the State Librarian. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19966. Source version: id_ee0307cd-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. In reviewing applications, the board shall consider all of the following factors: (a) Needs of urban and rural areas. (b) Projected population growth. (c) Changing concepts of public library service. (d) Distance of the proposed project from other existing and proposed facilities. (e) Age and condition of the facility. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 2. California Library Construction and Renovation Program [19955 - 19967] SECTION 19967. Source version: id_ee52875f-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=2. (a) A facility, or the part thereof, acquired, constructed, remodeled, or rehabilitated with grants received pursuant to this chapter shall be dedicated to public library direct service use for a period of not less than 20 years following completion of the project, or the useful life of the building, whichever is longer. (b) If the facility, or part thereof, acquired, constructed, remodeled, or rehabilitated with grants received pursuant to this chapter ceases to be used for public library direct service prior to the expiration of the period specified in subdivision (a), the board shall be entitled to recover from the grant recipient or the recipient’s successor in the maintenance of the facility, an amount which bears the same ratio to the value of the facility, or the appropriate part thereof, at the time it ceased to be used from public library direct service as the amount of the grant bore to the cost of the facility or appropriate part thereof. For purposes of this subdivision, the value of the facility, or the appropriate part thereof, shall be determined by the mutual agreement of the parties, or through an action brought for that purpose in the superior court. (c) The board may release the grant recipient or the recipient’s successor in the maintenance of the facility from its obligation under subdivision (a), and waive the requirements of subdivision (b), if the board determines that so doing would not diminish the quality of public library service in the community served by the facility. (d) Notwithstanding subdivision (f) of Section 16724 of the Government Code, moneys recovered pursuant to subdivision (b) shall be deposited in the fund, and shall be available for the purpose of awarding grants for other projects. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19970. Source version: id_8c81c44c-c9df-11e1-9cdf-99ae97e409bf Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. Bonds in the total amount of seventy-two million four hundred five thousand dollars ($72,405,000) (exclusive of refunding bonds), or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (Amended by Stats. 2012, Ch. 39, Sec. 2. (SB 1018) Effective June 27, 2012. Note: This section was added by Stats. 1988, Ch. 49, and approved in Prop. 85 on Nov. 8, 1988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19971. Source version: id_ef4572e5-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19972. Source version: id_ef945637-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the California Library Construction and Renovation Finance Committee is hereby created. For purposes of this chapter, the California Library Construction and Renovation Finance Committee is the “committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the State Librarian, the Director of Finance, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of the State General Obligation Bond Law, the California Library Construction and Renovation Board is designated the “board.” (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19973. Source version: id_efe5f8a9-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Article 2 (commencing with Section 19955), and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19974. Source version: id_f0bb711b-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19975. Source version: id_f109911d-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 19976, appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19976. Source version: id_f159fb0f-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account during the time the money was withdrawn from the General Fund pursuant to this section from money received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19976.5. Source version: id_290419d0-1043-11dc-aaa9-8413c1335835 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 6.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19977. Source version: id_f1a8b751-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19978. Source version: id_f1f7e8c3-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of bonds shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19979. Source version: id_f24397c5-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19980. Source version: id_294e4232-1043-11dc-aaa9-8413c1335835 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Amended by Stats. 2006, Ch. 538, Sec. 96. Effective January 1, 2007. Note: This section was added by Stats. 1988, Ch. 49, and approved in Prop. 85 on Nov. 8, 1988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 11. California Library Construction and Renovation Bond Act of 1988 [19950 - 19981] ARTICLE 3. Fiscal Provisions [19970 - 19981] SECTION 19981. Source version: id_f2933e67-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=11.&article=3. An amount not to exceed 1 percent of the fund may be used by the State Librarian for costs of administering this chapter. (Added by Stats. 1988, Ch. 49, Sec. 1. Approved in Proposition 85 at the November 8, 1988, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 1. General Provisions [19985 - 19986] SECTION 19985. Source version: id_f3d0c77f-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=1. This chapter shall be known and may be cited as the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 1. General Provisions [19985 - 19986] SECTION 19985.5. Source version: id_f41fd1e1-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=1. The Legislature finds and declares the following: (a) Reading and literacy skills are fundamental to success in our economy and our society. (b) The Legislature and Governor have made enormous strides in improving the quality of reading instruction in public schools. (c) Public libraries are an important resource to further California’s reading and literacy goals both in conjunction with the public schools and for the adult population. (d) The construction and renovation of public library facilities is necessary to expand access to reading and literacy programs in California’s public education system and to expand access to public library services for all residents of California. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 1. General Provisions [19985 - 19986] SECTION 19986. Source version: id_f47014c3-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=1. As used in this chapter, the following terms have the following meanings: (a) “Committee” means the California Library Construction and Renovation Finance Committee established pursuant to Section 19972. (b) “Fund” means the California Public Library Construction and Renovation Fund. (c) “Board” means the California Public Library Construction and Renovation Board. This board is comprised of the State Librarian, the Treasurer, the Director of Finance, an Assembly Member appointed by the Speaker of the Assembly, a Senator appointed by the Senate Rules Committee, and a member appointed by the Governor. Legislative members of the board shall meet with, and participate in, the work of the board to the extent that their participation is not incompatible with their duties as Members of the Legislature. For the purposes of this chapter, Members of the Legislature who are members of the board shall constitute a joint legislative committee on the subject matter of this chapter. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19987. Source version: id_f583f5c7-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the California Public Library Construction and Renovation Fund, which is hereby established. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19988. Source version: id_f5d04109-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. All moneys deposited in the fund, except as provided in Section 20011, are continuously appropriated to the State Librarian, notwithstanding Section 13340 of the Government Code, and shall be available for grants to any city, county, city and county, or district that is authorized at the time of the project application to own and maintain a public library facility for the purposes set forth in Section 19989. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19989. Source version: id_f61c8c4b-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. The grant funds authorized pursuant to Section 19988, and the matching funds provided pursuant to Section 19995, shall be used by the recipient for any of the following purposes: (a) Acquisition or construction of new facilities or additions to existing public library facilities. (b) Acquisition of land necessary for the purposes of subdivision (a). (c) Remodeling or rehabilitation of existing public library facilities or of other facilities for the purpose of their conversion to public library facilities. All remodeling and rehabilitation projects funded with grants authorized pursuant to this chapter shall include any necessary upgrading of electrical and telecommunications systems to accommodate Internet and similar computer technology. (d) Procurement or installation, or both, of furnishings and equipment required to make a facility fully operable, if the procurement or installation is part of a construction or remodeling project funded pursuant to this section. (e) Payment of fees charged by architects, engineers, and other professionals, whose services are required to plan or execute a project authorized pursuant to this chapter. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19990. Source version: id_f669e8fd-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. Any grant funds authorized pursuant to Section 19988, or matching funds provided pursuant to Section 19995, may not be used by a recipient for any of the following purposes: (a) Books and other library materials. (b) Administrative costs of the project, including, but not limited to, the costs of any of the following: (1) Preparation of the grant application. (2) Procurement of matching funds. (3) Conduct of an election for obtaining voter approval of the project. (c) Interest or other carrying charges for financing the project, including, but not limited to, costs of loans or lease-purchase agreements in excess of the direct costs of any of the authorized purposes specified in Section 19989. (d) Any ongoing operating expenses for the facility, its personnel, supplies, or any other library operations. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19991. Source version: id_f6b76cbf-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. All construction contracts for projects funded in part through grants awarded pursuant to this chapter shall be awarded through competitive bidding pursuant to Part 3 (commencing with Section 20100) of Division 2 of the Public Contract Code. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19992. Source version: id_f7027f81-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. This chapter shall be administered by the State Librarian. The board shall adopt rules, regulations, and policies for the implementation of this chapter. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19993. Source version: id_f74f3ff3-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. A city, county, city and county, or district may apply to the State Librarian for a grant pursuant to this chapter, as follows: (a) Each application shall be for a project for a purpose authorized by Section 19989. (b) An application may not be submitted for a project for which construction bids already have been advertised. (c) The applicant shall request not less than fifty thousand dollars ($50,000) per project. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19994. Source version: id_f79c2775-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. (a) The State Librarian shall consider applications for construction of new public library facilities submitted pursuant to Section 19993 in the following priority order: (1) First priority shall be given to joint use projects in which the agency that operates the library and one or more school districts have a cooperative agreement. (2) Second priority shall be given to all other public library projects. (b) The State Librarian shall consider applications for remodeling or rehabilitation of existing public library facilities pursuant to Section 19993 in the following priority order: (1) First priority shall be given to public library projects in the attendance areas of public schools that are determined, pursuant to regulations adopted by the board, to have inadequate infrastructure to support access to computers and other educational technology. (2) Second priority shall be given to all other projects. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19995. Source version: id_f7e90ef7-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. (a) Each grant recipient shall provide matching funds from any available source in an amount equal to 35 percent of the costs of the project. The remaining 65 percent of the costs of the project, up to a maximum of twenty million dollars ($20,000,000) per project, shall be provided through allocations from the fund. (b) Qualifying matching funds shall be cash expenditures in the categories specified in Section 19989 which are made not earlier than three years prior to the submission of the application to the State Librarian. Except as otherwise provided in subdivision (c), in-kind expenditures do not qualify as matching funds. (c) Land donated or otherwise acquired for use as a site for the facility, including, but not limited to, land purchased more than three years prior to the submission of the application to the State Librarian, may be credited towards the 35 percent matching funds requirement at its appraised value as of the date of the application. This subdivision shall not apply to land acquired with funds authorized pursuant to Part 68 (commencing with Section 100400). (d) Architect fees for plans and drawings for library renovation and new construction, including, but not limited to, plans and drawings purchased more than three years prior to the submission of the application to the State Librarian, may be credited towards the 35 percent matching funds requirement. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19996. Source version: id_f8358149-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. (a) The estimated costs of a project for which an application is submitted shall be consistent with normal public construction costs in the applicant’s area. (b) An applicant wishing to construct a project having costs that exceed normal public construction costs in the area may apply for a grant in an amount not to exceed 65 percent of the normal costs up to a maximum of twenty million dollars ($20,000,000) per project if the applicant certifies that it is capable of financing the remainder of the project costs from other sources. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19997. Source version: id_f88241bb-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. Once an application has been approved by the board and included in the State Librarian’s request to the committee, the amount of the funding to be provided to the applicant may not be increased. Any actual changes in project costs are the full responsibility of the applicant. If the amount of funding that is provided is greater than the cost of the project, the applicant shall return that portion of the funding that exceeds the cost of the project to the fund. If an applicant has been awarded funding by the board, but chooses not to proceed with the project, the applicant shall return all of the funding to the fund. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19998. Source version: id_f8cc430d-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. (a) In reviewing applications, as part of establishing the priorities set forth in Section 19994 the board shall consider all of the following factors: (1) Needs of urban and rural areas. (2) Population growth. (3) Age and condition of the existing library facility. (4) The degree to which the existing library facility is inadequate in meeting the needs of the residents in the library service area and the degree to which the proposed project responds to the needs of those residents. (5) The degree to which the library’s plan of service integrates appropriate electronic technologies into the proposed project. (6) The degree to which the proposed site is appropriate for the proposed project and its intended use. (7) The financial capacity of the local agency submitting the application to open and maintain operation of the proposed library for applications for the construction of new public libraries. (b) If, after an application has been submitted, material changes occur that would alter the evaluation of an application, the State Librarian may accept an additional written statement from the applicant for consideration by the board. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 2. Program Provisions [19987 - 19999] SECTION 19999. Source version: id_f91a14ef-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=2. (a) A facility, or the part thereof, acquired, constructed, or remodeled, or rehabilitated with grants received pursuant to this chapter shall be dedicated to public library direct service use for a period of not less than 20 years following completion of the project. (b) The interest of the state in land or a facility, or both, pursuant to the funding of a project under this chapter, as described in subdivision (a), may be transferred by the State Librarian from the land or facility, or both, for which that funding was granted to a replacement site and facility acquired or constructed for the purpose of providing public library direct service. (c) If the facility, or any part thereof, acquired, constructed, remodeled, or habilitated with grants received pursuant to this chapter ceases to be used for public library direct service prior to the expiration of the period specified in subdivision (a), the board is entitled to recover, from the grant recipient or the recipient’s successor in the maintenance of the facility, an amount that bears the same ratio to the value of the facility, or the appropriate part thereof, at the time it ceased to be used for public library direct service as the amount of the grant bore to the cost of the facility or the appropriate part thereof. For purposes of this subdivision, the value of the facility, or the appropriate part thereof, is determined by the mutual agreement of the board and the grant recipient or successor, or through an action brought for that purpose in the superior court. (d) Notwithstanding subdivision (f) of Section 16724 of the Government Code, any money recovered pursuant to subdivision (c) shall be deposited in the fund, and shall be available for the purpose of awarding grants for other projects. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20000. Source version: id_f9b3e3f3-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. Bonds in the amount of three hundred fifty million dollars ($350,000,000), exclusive of refunding bonds, or so much thereof as is necessary, may be issued and sold for deposit in the fund to be used in accordance with, and for carrying out the purposes expressed in, this chapter, including all acts amendatory thereof and supplementary thereto, and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of and interest on bonds as the principal and interest become due and payable. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20001. Source version: id_fa77d035-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20002. Source version: id_fac490a7-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. (a) For purposes of this chapter, the California Library Construction and Renovation Finance Committee established pursuant to Section 19972 is the “committee” as that term is used in the State General Obligation Bond Law. (b) For purposes of the State General Obligation Bond Law, the California Public Library Construction and Renovation Board established pursuant to subdivision (c) of Section 19986 is designated the “board.” (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20003. Source version: id_fb0eb909-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in this chapter, including all acts amendatory thereof and supplementary thereto, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20004. Source version: id_fb597dab-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of and interest on the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20005. Source version: id_fba6652d-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of and interest on bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 20006, appropriated without regard to fiscal years. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20006. Source version: id_fbf2b06f-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, with interest at the rate earned by the money in the Pooled Money Investment Account during the time the money was withdrawn from the General Fund pursuant to this section, from money received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20007. Source version: id_fc3ead91-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purposes of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20008. Source version: id_fc8d1bb3-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 2 of Title 2 of the Government Code. Approval of the electors of the state for the issuance of bonds under this chapter shall include the approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20009. Source version: id_fcdbb0e5-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. All money deposited in the fund that is derived from premium and accrued interest on bonds sold pursuant to this chapter shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20010. Source version: id_fd26eab7-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 12. California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 [19985 - 20011] ARTICLE 3. Fiscal Provisions [20000 - 20011] SECTION 20011. Source version: id_fd7272a9-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=12.&article=3. Amounts deposited in the fund pursuant to this chapter may be appropriated in the annual Budget Act to the State Librarian for the actual amount of office, personnel, and other customary and usual expenses incurred in the direct administration of grant projects pursuant to this chapter, including, but not limited to, expenses incurred by the State Librarian in providing technical assistance to an applicant for a grant under this chapter. (Added by Stats. 1999, Ch. 726, Sec. 1. Approved in Proposition 14 at the March 7, 2000, election.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 1. General Provisions [20050 - 20052.5] SECTION 20050. Source version: id_d07caec7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=1. This chapter shall be known and may be cited as the California Cultural and Historical Endowment Act. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 1. General Provisions [20050 - 20052.5] SECTION 20051. Source version: id_d07caec9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=1. The Legislature finds and declares the following: (a) Every civilization defines itself in part by its past, and an understanding of its past helps determine its basic values and future aspirations. Understanding of the past is strengthened and deepened through contact with the buildings, physical places, and artifacts of earlier times. Through learning this past, our young and future generations come to better understand the society in which they live and to better understand themselves. (b) As America’s physical culture and built environment become remarkably similar throughout the country, it is left to the natural environment and the structures of the past to give a unique sense of place to our communities. Preserving these structures is becoming increasingly compelling as the homogeneity of our physical culture increases. (c) The buildings, other structures, and artifacts that embody California’s past are in escalating danger of being redeveloped, remodeled, renovated, paved, excavated, bulldozed, modernized, and lost forever. (d) For history to be part of our lives, we must include it in our daily lives, through the adaptive reuse of historic structures in our older commercial districts and inner cities. (e) California has one of the most diverse populations on earth and its cultural and historic preservation program should reflect that fact. Early cultural and historic preservation efforts often focused on the structures and activities of our European ancestors. Without minimizing their contribution, it is important to pursue other historical threads that are important to California’s Latino population, to African-Americans, to Asians and Pacific Islanders, to Native Americans, to Jewish persons, and to many other groups of peoples with uniquely identifiable cultures and histories. It is increasingly important to preserve the physical and cultural history and folklife of these many groups’ presence and contributions to California’s history. (f) Historic preservation should include the contributions of all Californians. The study of history once focused largely on the actions and works of wealthy, powerful, noble, brilliant, or famous persons. More recently, historians have tried to increase understanding of how more ordinary people lived and thought. California’s historic preservation efforts should allow its citizens and visitors to experience something of the physical world of both. (g) In 1997, California’s Statewide Historic Preservation Plan was prepared pursuant to the National Historic Preservation Act of 1966 and includes seven statewide goals, including the goal to promote the preservation and stewardship of cultural resources among a diversified state population representing all levels of the socioeconomic spectrum. (h) California’s retained past certainly includes sites important to its prehistoric and later Native American people, and the remaining great structures of the 19th century. But the state also needs to consciously preserve selected remnants of the 1930s, of California’s great role in World War II, as well as representative structures and sites that were culturally or economically important during the 1950s, 1960s, and, in some cases, even more recently. (i) California’s historic missions are among California’s most evocative historical structures. Their continued protection and restoration should continue to have high priority. (j) California’s museums are among the most important and cherished repositories of the state’s cultural and historical heritage. (k) California’s partnerships with federal, state, and local governmental agencies and nonprofit organizations have helped us understand the range and diversity of California’s history and historic and cultural resources and artifacts and have helped develop a better understanding of the educational, environmental, and economic benefits of, and tools available for, the preservation and interpretation of historic and cultural resources and artifacts. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 1. General Provisions [20050 - 20052.5] SECTION 20052. Source version: id_d07caecb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=1. As used in this chapter, the following terms have the following meanings: (a) “Development” includes, but is not limited to, improvement, rehabilitation, restoration, enhancement, preservation, protection, and interpretation. (b) “Endowment” means the California Cultural and Historical Endowment created pursuant to Section 20053, or the board of the endowment, as appropriate. (c) “Museum” means a public or private nonprofit institution that is organized on a permanent basis for essentially educational or aesthetic purposes and that owns or uses tangible objects, cares for those objects, and exhibits them to the general public on a regular basis. (d) “Nonprofit organization” means any nonprofit public benefit corporation that is formed pursuant to the Nonprofit Corporation Law (commencing with Section 500 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of the Internal Revenue Code, that has, among its principal charitable purposes, the preservation of historic or cultural resources for cultural, scientific, historic, educational, recreational, agricultural, or scenic opportunities. (e) “Preservation” includes, but is not limited to, identification, evaluation, recordation, restoration, stabilization, development, and reconstruction, or any combination of those activities. (f) “Public agency” means a federal agency, state agency, city, county, district, association of governments, joint powers agency, or tribal organization. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 1. General Provisions [20050 - 20052.5] SECTION 20052.5. Source version: id_d07caecd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=1. It is the intent of the Legislature that consideration be given to the transferring and fully integrating the Office of Historic Preservation with the California Cultural and Historical Endowment, which is created pursuant to this chapter, for the following purposes: (a) To increase the stature, visibility, authority, and entrepreneurial capabilities of the Office of Historic Preservation in the interest of helping it carry out its missions and purposes. (b) To allow the California Cultural and Historical Endowment to benefit from the Office of Historic Preservation’s experience and expertise, and from the experience and expertise of its constituents and supporters. (c) To synergistically increase the state’s effective commitment to historic and cultural preservation. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 2. Creation and Powers of the Endowment [20053 - 20060] SECTION 20053. Source version: id_40b526de-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=2. (a) There is in the Natural Resources Agency the California Cultural and Historical Endowment, consisting of the following 10 members: (1) The Secretary of the Natural Resources Agency, who shall serve as chair of the endowment, or his or her designee. (2) The State Librarian, or his or her designee. (3) The Director of Finance, or his or her designee. (4) Three members appointed by the Governor. (5) Two members appointed by the Senate Committee on Rules. (6) Two members appointed by the Speaker of the Assembly. (b) Two Members of the Senate, appointed by the Senate Committee on Rules, and two Members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the endowment and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. (Amended by Stats. 2013, Ch. 590, Sec. 1. (AB 482) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 2. Creation and Powers of the Endowment [20053 - 20060] SECTION 20054. Source version: id_d07e3573-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=2. (a) Appointments to the endowment made pursuant to paragraphs (4), (5), and (6) of subdivision (a) of Section 20053 shall be persons with distinguished achievements in the fields of California history and culture, including, but not limited to, persons with distinguished achievements in the field of California history, historic preservation, architectural history, historical museum design and operation, California artistic history, prehistory, archaeology, or in the cultural achievements of the diverse ethnic and other groups comprising California’s population, including the native peoples of California. (b) Appointments to the endowment made pursuant to paragraphs (4), (5), and (6) of subdivision (a) of Section 20053 shall be representative of the diverse ethnic and other groups comprising California’s population, and shall be geographically balanced. (c) The members appointed pursuant to paragraphs (4), (5), and (6) of subdivision (a) of Section 20053 shall serve at the pleasure of his or her appointing authority. Members appointed under these paragraphs of subdivision (a) of Section 20053 shall be compensated for attendance at regular meetings of the endowment at the rate of one hundred dollars ($100) per day, and shall be reimbursed for the actual and necessary expenses, including travel expenses, incurred in the performance of their duties. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 2. Creation and Powers of the Endowment [20053 - 20060] SECTION 20056. Source version: id_d07e3575-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=2. If any member of the endowment is an employee, director, or officer of any organization that has applied to the endowment for a grant, that member shall not communicate with any other member of the endowment or any member of any advisory panel regarding the grant application and the member shall not be present when the application is considered by the endowment or advisory panel. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 2. Creation and Powers of the Endowment [20053 - 20060] SECTION 20057. Source version: id_d07fbc17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=2. (a) A majority of the total authorized membership of the endowment shall constitute a quorum for the transaction of any business under this chapter. (b) The endowment may adopt regulations as necessary or convenient for carrying out the purposes of this chapter, including, but not limited to, establishing grant application criteria and procedures. Before adopting regulations for grant application criteria and procedures, the endowment shall conduct public hearings throughout the state and shall invite persons from diverse groups and ethnic backgrounds to share their input on the matter. (c) The endowment may hold hearings, execute agreements, and perform any acts necessary and proper to carry out the purposes of this chapter. The endowment may select and contract with other state agencies and with private entities, including nonprofit organizations, museums and individuals to provide services necessary to carry out the purposes of this chapter. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 2. Creation and Powers of the Endowment [20053 - 20060] SECTION 20058. Source version: id_d07fbc19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=2. The endowment shall determine the qualifications of, and it shall appoint and fix the salary of, the executive officer of the endowment, who shall be exempt from civil service, and shall appoint such other staff as may be necessary to carry out the powers and functions set forth in this chapter. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 2. Creation and Powers of the Endowment [20053 - 20060] SECTION 20059. Source version: id_d07fbc1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=2. The endowment may appoint one or more advisory committees as it determines to be useful to its work. Members of advisory committees shall serve without compensation, but each may be reimbursed for necessary travel and other expenses incurred in the performance of official duties. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 2. Creation and Powers of the Endowment [20053 - 20060] SECTION 20060. Source version: id_d07fbc1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=2. The endowment may apply for and accept federal grants. Notwithstanding Section 11005 of the Government Code, the endowment may receive gifts, donations, subventions, rents, royalties, and other financial support from public and private sources without additional approvals. Funds received pursuant to this section, except for federal grants, shall be deposited in the California Cultural and Historical Endowment Fund, which is hereby created, and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the endowment for its lawful purposes, after notification to and approval by the Department of Finance. The endowment shall report annually to the Legislature on the condition and status of the fund, and the uses made of moneys in the fund during the year. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 3. Grants and Loans [20070 - 20074] SECTION 20070. Source version: id_d07fbc21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=3. (a) The endowment may award grants and loans on a competitive basis to public agencies and nonprofit organizations, including museums, to encourage development of a systematic and coordinated assemblage of buildings, sites, artifacts, museums, cultural landscapes, illustrations, written materials, and displays and interpretive centers to preserve and tell the stories of California as a unified society and of the many groups of people that together comprise historic and modern California. In addition to preserving and interpreting California’s missions, gold rush and pioneer sites, and other examples of early European exploration and settlement, the endowment shall give priority to funding projects to preserve, interpret, and enhance understanding and appreciation of the state’s subsequent cultural, social, and economic evolution. For example, it may fund projects involving buildings, including the acquisition of any interest in real property, structures, ships, historic cemeteries, site areas, places, trails, artifacts, artistic expressions, illustrations, written materials, or collections of artifacts, historic districts, cultural landscapes, illustrations, and written materials, including, but not limited to, the following: (1) Projects that preserve, display, demonstrate, or interpret the contributions of the many unique identifiable ethnic and other communities that have added significant elements to California’s culture, including, but not limited to, their architecture, landscaping, urban forms, recreation, food and drink, styles, literature, artistic expressions, and pastimes. (2) Projects that preserve and demonstrate culturally significant aspects of the changing ways that ordinary or particularly creative people lived their daily lives during the course of California history, including, but not limited to, representative or exceptionally expressive residences, recreational facilities and equipment, farms and ranches, transportation technologies, and innovative shopping arrangements. (3) Projects that preserve, display, demonstrate, or interpret the industries, technologies, individuals, groups, and commercial enterprises that built California’s enormous economic strength, including, but not limited to, aircraft construction, banking and finance, electronics and related technologies, medical technologies, petroleum production and refining, movie and television production, and agriculture. (4) Projects that preserve, display, demonstrate, or interpret California’s contribution to the national defense during the state’s history, including facilities and artifacts from closed military bases, and including projects about the social, demographic, and other changes that resulted from these national defense activities. (5) Projects that preserve and promote understanding and continuity of California’s living cultural heritage and folklife that is deeply rooted in and reflective of its distinct cultural communities, including, but not limited to, public programs, recordings, exhibitions, apprenticeships, publications, ethnographic documentation, and archival preservation. (6) Projects that preserve, display, demonstrate, or interpret California’s geologic and oceanographic history, including, but not limited to, its assemblage from Jurassic and earlier archipelagoes and ophiolitic remnants through subduction processes, and the expression of global tectonic forces in its mountains, basins, and faults. (b) The endowment shall fund projects relating to the archaeology, history, or culture of California’s Native American population that are sensitive to the sovereign status of the tribes and that respect the cultural and spiritual traditions of those tribes. (c) The endowment shall give priority to funding projects that preserve, document, interpret, or enhance understanding of threads of California’s story that are absent or underrepresented in existing historical parks, monuments, museums, and other facilities, and to achieve careful balance geographically, among communities and organizations of large and small size, and among diverse ethnic groups. The endowment may create financial and other incentives to support projects described in this subdivision, including, but not limited to, technical assistance, funding set asides, and preferential match requirements. (d) The endowment shall ensure that California’s historic and cultural resources are accessible and available to the people of California, especially traditionally underserved communities, by encouraging programs including, but not limited to, traveling exhibitions, illustrative publications, exchanges, Web sites and digitalization of materials, and programs in conjunction with school districts to bring school children into contact with these materials, and may fund projects for these purposes. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 3. Grants and Loans [20070 - 20074] SECTION 20071. Source version: id_d08142c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=3. The endowment shall require that public agencies requesting a grant provide a matching amount of resources for the completion of the project. The match may include resources obtained from other funding agencies, and may include in-kind resources. The match shall be a proportion of the cost of the project as the endowment determines is appropriate, but the proportion shall be uniform for categories of project and public agencies, except pursuant to subdivision (c). The endowment shall determine the match proportion by considering the following: (a) The endowment shall seek to leverage the resources available to it. (b) The endowment shall require a match sufficient to ensure a strong commitment to the project on the part of the sponsoring agency. (c) The endowment may require a lower than usual match if necessary to make projects realistic for underserved communities. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 3. Grants and Loans [20070 - 20074] SECTION 20072. Source version: id_d08142c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=3. (a) The endowment shall require grant recipients to report on the progress and completion of any project for which they have received a grant, and on public acceptance or criticism of the project. The endowment shall make all such reports available to the Legislature. (b) The endowment shall require grant recipients to follow the Secretary of the Interior’s Standards for the Treatment of Historic Properties where appropriate to ensure the historical integrity of the project. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 3. Grants and Loans [20070 - 20074] SECTION 20073. Source version: id_d08142c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=3. (a) Funds may be granted or loaned to a nonprofit organization under this chapter if the nonprofit organization enters into an agreement with the endowment, on such terms and conditions as the endowment specifies. (b) (1) In the case of a grant for real property acquisition, the agreement shall provide all of the following: (A) The purchase price of any interest in real property acquired by the nonprofit organization may not exceed the fair market value as established by an appraisal approved by the endowment. (B) The endowment shall approve the terms under which the interest in land is acquired. (C) The interest in land acquired pursuant to a grant from the endowment may not be used as security for any debt to be incurred by the nonprofit organization unless the endowment approves the transaction. (D) The transfer of land acquired pursuant to an endowment grant shall be subject to the approval of the endowment and a new agreement sufficient to protect the interest of the people of California shall be entered into with the transferee. (E) If any essential term or condition is violated, title to all interest in real property acquired with state funds shall immediately vest in the state. (F) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state unless another appropriate public agency or nonprofit organization is identified by the endowment and agrees to accept title to all interests in real property. (2) Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall set forth the reversionary interest of the state. (c) The endowment shall also require an agreement sufficient to protect the public interest in any improvement or development constructed under a grant to a nonprofit organization for improvement and development of a project under this chapter. The agreement shall particularly describe any real property which is subject to the agreement, and it shall be recorded by the endowment in the county in which the real property is located. (d) Any funds collected from a nonprofit organization pursuant to an agreement regarding a grant shall be deposited in the account created pursuant to Section 20060. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 3. Grants and Loans [20070 - 20074] SECTION 20074. Source version: id_d08142c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=3. The endowment may provide technical and other assistance to applicants and prospective applicants as it determines to be useful or necessary to carry out the purposes of this chapter. (Added by Stats. 2002, Ch. 1126, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 4. Cultural and Historical Policy [20080- 20080.] SECTION 20080. Source version: id_429a88b0-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=4. The endowment shall undertake a comprehensive survey of the state of cultural and historical preservation, accessibility, and interpretation in California. In conducting the survey, the endowment shall coordinate with existing state agencies, including the California Arts Council and the Secretary of State. The report shall include all of the following: (a) A survey of elements in California’s existing assemblage of buildings, sites, artifacts, museums, cultural landscapes, trails, illustrations, the arts and artistic expressions, written materials, and displays and interpretive centers that are missing or underrepresented, such as if current facilities, materials, and services leave out, misrepresent, or inadequately present some important thread of the story of California as a unified society or of the many groups of people that together comprise historic and modern California. (b) Recommendations for steps that should be taken to fill in the missing or underrepresented elements identified in subdivision (a). (c) Recommendations for the manner of transferring the Office of Historic Preservation in the Department of Parks and Recreation to the endowment, consistent with the Legislature’s intent expressed in Section 20052.5. (d) Recommendations for additional steps that should be taken to better preserve and administer cultural and historic resources efficiently and effectively, including additional actions that should be taken to improve the governmental structures responsible for historic and cultural preservation in California, including oversight and support of museums. In particular, the endowment shall examine the feasibility and desirability of establishing the endowment as a separate institution in state government, without ties to any existing agency or department, although under the general authority of the Governor. The endowment shall also identify the most appropriate chair, or the most appropriate method for selecting the chair, of its board. (e) A survey of the capacities and fiscal conditions of public, nonprofit, and other private entities in California that provide cultural and historical facilities and services, including museums. (f) Recommendations for the future financing of cultural and historical programs provided by public agencies and nonprofit agencies in California, including museums. (g) Recommendations for programs to encourage the historic maintenance and restoration of properties in private ownership, including, but not limited to, a state tax credit for restoration of historic properties that maintain historic integrity, property tax deferral as long as a property’s historic integrity is maintained, and low interest loans. (h) A study of the economic impact of the preservation and interpretation of cultural and historic resources in the state. This should include the economic benefits resulting from the preservation of historic commercial and residential properties and sites, and from historic and cultural tourism activities. (Amended by Stats. 2013, Ch. 590, Sec. 2. (AB 482) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 5. Museum and Cultural Resources Program [20090 - 20092] SECTION 20090. Source version: id_66b45f18-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=5. The Legislature finds and declares all of the following: (a) Museums help Californians understand the past, the present, and potential futures. Museums contribute to formal and informal learning at every stage of life, from the education of children in preschool to the continuing education of adults. (b) Museums are considered a trusted source for information. Museums leverage this high level of public trust to help fight misinformation and promote understanding of critical issues. (c) Museums are places for respite and support the well-being of Californians. Participation in museum experiences and programs can have measurable and positive impacts on children, seniors, and other vulnerable populations. (d) Museums are an important means of making art, science, history, and culture available to Californians. (e) Museums are caretakers and interpreters of the past and present. Providing a safe environment and proper care for collections for the public’s benefit is a responsibility of many museums. (f) Museums capture, preserve, and share untold stories and prompt important public dialogue through exhibitions and education programs. (g) Museums provide an economic boost to their communities by attracting tourists and local visitors, all of whom create a demand for services. (h) Museums often help define the public identity of a community, and serve as a foundation of its cultural identity. A museum has the legacy of its community as the heart of its mission. (i) Museums are vital partners with schools and teachers in sharing narratives about the state’s diverse racial and ethnic populations and understanding science. (Amended by Stats. 2022, Ch. 300, Sec. 1. (SB 963) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 5. Museum and Cultural Resources Program [20090 - 20092] SECTION 20091. Source version: id_16d57f6f-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=5. To the extent that funding is available for such purposes, the endowment shall establish a competitive grant program to assist and enhance the services of museums in the state that undertake programs and projects that are deeply rooted in and reflective of underserved communities. This program shall give priority to those programs and projects doing any of the following: (a) Serving pupils and teachers at schools eligible to be served under Part A of Title I of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), as amended by the federal Every Student Succeeds Act (Public Law 114-95). (b) Serving children in low-income communities. (c) Supporting museums in engaging or collaborating with underserved communities, including, but not limited to, people with disabilities and low-income families. (d) Advancing preservation of at-risk cultural and natural collections and historic buildings. For purposes of this subdivision, “at-risk” refers to the potential for loss or deterioration due to forces, including, but not limited to, fires, harmful temperatures, humidity, earthquakes, improper handling, neglect, theft, vandalism, or exposure to water, pests, contaminants, light, or radiation. (e) Improving access, including, but not limited to, accommodating the access needs of people with disabilities, to historic buildings, cultural sites, or museums. (f) Supporting the ethical stewardship of culturally sensitive art and artifacts, including, but not limited to, engaging in consultations with California Indian tribes or repatriation. (g) Educating the public about critical issues affecting Californians. (Amended by Stats. 2023, Ch. 131, Sec. 27. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 13. California Cultural and Historical Endowment Act [20050 - 20092] ARTICLE 5. Museum and Cultural Resources Program [20090 - 20092] SECTION 20092. Source version: id_6ed07b7c-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=13.&article=5. (a) The endowment may create a competitive grant program to support capital projects, exhibits, educational programs, outreach programs, public programs, curriculum, publications, marketing, and collections care in museums pursuant to subdivision (b) of Section 20057. The grant program shall give priority to the objectives listed in Section 20091. (b) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program guidelines and selection criteria for purposes of this section. The endowment shall hold at least one public hearing before adopting program guidelines and selection criteria. (Amended by Stats. 2022, Ch. 300, Sec. 3. (SB 963) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 1. Establishment and Maintenance [18100 - 18104] SECTION 18100. Source version: id_cfc9d931-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=1. The governing board of each school district shall provide school library services for the pupils and teachers of the district by establishing and maintaining school libraries or by contractual arrangements with another public agency. (Amended by Stats. 1990, Ch. 1372, Sec. 153.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 1. Establishment and Maintenance [18100 - 18104] SECTION 18101. Source version: id_cfcb5fd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=1. The State Board of Education shall adopt standards, rules and regulations for school library services. (Amended by Stats. 1990, Ch. 1372, Sec. 154.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 1. Establishment and Maintenance [18100 - 18104] SECTION 18102. Source version: id_cfcce675-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=1. Libraries may be established and maintained under the control of the governing board of any school district. (Amended by Stats. 1990, Ch. 1372, Sec. 155.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 1. Establishment and Maintenance [18100 - 18104] SECTION 18103. Source version: id_cfcce677-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=1. The libraries shall be open to the use of the teachers and the pupils of the school district during the schoolday. In addition, the libraries may be open at other hours, including evenings and Saturdays, as the governing board may determine. Libraries open to serve students during evening and Saturday hours shall be under the supervision of certificated personnel. Certificated personnel employed to perform full-time services in an elementary, junior high, or high school during the regular schoolday, may supervise, but shall not without their consent be required to supervise, a school library on evenings or Saturdays. If a person agrees to supervise the school library during Saturday or evening hours, he or she shall be compensated in the amounts determined by the governing board of the district as indicated on the salary schedule. (Amended by Stats. 1990, Ch. 1372, Sec. 156.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 1. Establishment and Maintenance [18100 - 18104] SECTION 18104. Source version: id_cfcce679-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=1. (a) It is in the interest of the state to authorize the Livermore Valley Joint Unified School District to enter into a joint-use arrangement with another public entity for operation of a joint-use library facility located on land, in close proximity to a schoolsite, owned by the school district or by another public agency. (b) Notwithstanding any other provision of law to the contrary, the Livermore Valley Joint Unified School District may enter into a contract with the county, the city, or other appropriate entity having responsibility for the provision of public library services, in which the district is located for the purpose of operating a joint-use library facility at a schoolsite owned by the district or at a site, within one mile of the schoolsite, owned by the school district, the county, the city, or other appropriate entity having responsibility for the provision of public library services in that area. (c) The Livermore Valley Joint Unified School District may apply for the lease-purchase of a project that includes a library facility, funded entirely with local funds, which facility, if constructed, would be of sufficient size to accommodate the requirements of a joint-use library for which the district has entered into a contract, pursuant to subdivision (b). (d) The contract specified in subdivision (b) shall contain at least all of the following: (1) Agreement that the county, city, or other appropriate entity shall deposit with the school district an amount equal to the total cost of any space in the proposed library facility that is beyond the needs of the district, prior to the signing of the construction contract for the project. The deposit shall not be refundable, except to the extent that it may prove subsequently to be in excess of the actual total cost of the space that is beyond the needs of the district. (2) Agreement between the district and the county, the city, or other appropriate entity regarding staffing, maintenance, materials acquisition, and other matters related to the administration and operating costs of the joint-use facility. The agreement shall provide that the school district shall not be responsible for any costs that are not related to the school use of the joint-use facility. (3) Agreement between the district and the county, the city, or other appropriate entity regarding the procedure for amendment or termination of the contract, including the disposition of materials housed in the joint-use facility should termination of the contract occur. (e) A joint-use facility constructed pursuant to this section shall comply with all requirements applicable to school facilities. (Added by Stats. 1998, Ch. 1034, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 2. Books [18110 - 18111] SECTION 18110. Source version: id_cfcce67d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=2. County boards of education may adopt lists of books and other library materials for districts not employing a superintendent of schools or a librarian for full time. The lists may be distributed to all school districts in a county for use in the selection of books and other library materials. (Amended by Stats. 1990, Ch. 1372, Sec. 157.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 2. Books [18110 - 18111] SECTION 18111. Source version: id_cfcce67f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=2. The governing board of any school district may exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character. (Amended by Stats. 1990, Ch. 1372, Sec. 158.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 3. Management [18120 - 18122] SECTION 18120. Source version: id_cfce6d23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=3. The governing board of a school district maintaining its own library or libraries may appoint a librarian or librarians to staff the libraries provided they qualify as librarians pursuant to Section 44868. (Amended by Stats. 1990, Ch. 1372, Sec. 159.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 3. Management [18120 - 18122] SECTION 18121. Source version: id_cfce6d25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=3. The governing board of a school district is accountable for the proper care and preservation of the school libraries of the district, and may make all necessary rules and regulations not provided for by the State Board of Education, or the Superintendent of Public Instruction and not inconsistent therewith. (Amended by Stats. 1990, Ch. 1372, Sec. 160.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 3. Management [18120 - 18122] SECTION 18122. Source version: id_cfddaf67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=3. The governing board of a school district shall, on or before August 31st, in each year, report to the State Department of Education on the condition of school libraries, for the year ending June 30th preceding. The report shall, in addition to other matters deemed expedient by the governing board or the librarians, contain the statistical and other information as is deemed desirable by the State Department of Education. For this purpose the State Department of Education may send to the several districts under its supervision, instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. (Amended by Stats. 1990, Ch. 1372, Sec. 161.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18130. Source version: id_cfddaf6b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. Whenever the county in which a district is situated maintains a county library, the governing board of any school district or community college district may agree with the proper authorities of the county to contract for the provision of school library services by the county library. Either the governing board of the school district or community college district or the governing body of the county library may initiate proceedings for the provision of library services for the schools of the district. Such agreements shall be reviewed annually by contracting parties. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18131. Source version: id_cfddaf6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. Notwithstanding any other section of this article to the contrary, school districts may purchase textbooks, reference books, periodicals, and other publications approved by any board authorized to adopt these materials in addition to those furnished by the county library. (Amended by Stats. 1990, Ch. 1372, Sec. 163.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18132. Source version: id_cfddaf6f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. All funds transferred to a county library pursuant to this article shall be used by the county library only for: (a) the acquisition of books and other materials as are adopted by the body authorized to adopt courses of study for the school districts which have entered into an agreement for the provision of school library services by the county library, and (b) the care and distribution of the books and other materials to schools which are eligible to receive school library services from the county library. (Amended by Stats. 1990, Ch. 1372, Sec. 164.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18133. Source version: id_cfdf3611-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. The county librarian may (a) at his discretion dispose of books and other materials no longer fit for service, and (b) with the approval of the county board of education dispose of any books or other materials no longer needed by the course of study. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18134. Source version: id_cfdf3613-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. In any city conducting a public library owned and managed by the city, the governing board of any school district may enter into an arrangement with the governing body of the public library of the city similar to the arrangement authorized by this article between the governing boards of any school district and the county library. (Amended by Stats. 1990, Ch. 1372, Sec. 165.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18135. Source version: id_cfdf3615-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. Whenever an agreement is made that school library services will be provided by a city, or county library, the county, or city and county, or city superintendent of schools may draw a warrant for the whole amount stipulated in the agreement, payable to the proper authorities of the library, upon the filing with him of a copy of the resolution of the governing board of the district embodying the agreement made with the library. The copy shall be duly certified as correct by the clerk of the district or other proper officer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18136. Source version: id_cfdf3617-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. The governing board of any high school district lying wholly or partly within a county maintaining a county free library may enter into a contract or agreement with the board of supervisors of the county by which the high school district may secure the advantages of the county free library upon such terms and conditions as are fixed in the contract or agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18137. Source version: id_cfdf3619-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. Whenever the governing board of a school district enters into an agreement with a county or city library for school library services the district shall provide for the care and custody of and assume responsibility for the books and other property delivered to it subject to the rules and regulations of the county or city library and the terms of the agreement. (Amended by Stats. 1990, Ch. 1372, Sec. 166.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18138. Source version: id_cfdf361b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. With the consent of the county superintendent of schools the governing board of the school district may agree with the proper authorities of the county or city to terminate the affiliation of the district with the county or city library. Either the governing board of the school district or the governing body of the county library may initiate termination proceedings. The proceedings shall be terminated prior to the first day of February of the school year in which begun and may provide for either of the following: (a) The complete withdrawal of affiliation effective on the first day of July next succeeding. (b) A gradual withdrawal over a period of not to exceed three years beginning on the first day of July next succeeding the termination of proceedings. The governing board of the school district shall enter into a written agreement with the proper authorities of the city or county providing for the terms of the gradual withdrawal, including the period to be covered, not to exceed three years, the amount of payment for each year, and the amount of service to be rendered. Unless otherwise provided in the withdrawal agreement, the books purchased by a district during the period of the withdrawal become the property of the district. All books purchased by a district shall be approved by the body authorized to adopt courses of study for the school districts of the county. (Amended by Stats. 1990, Ch. 1372, Sec. 167.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 4. Affiliation With County and City Libraries [18130 - 18139] SECTION 18139. Source version: id_cfdf361d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=4. With the consent of the county board of education, in those counties in which the county superintendent of schools performs library services for the school library of any district, the governing board of the school district may agree with the proper authorities of the county to terminate the affiliation of the district with the county superintendent of schools with respect to library services. The proceedings shall be terminated prior to the first day of February of the school year in which begun and may provide for either of the following: (a) The complete withdrawal of affiliation effective on the first day of July next succeeding. (b) A gradual withdrawal over a period of not to exceed five years beginning on the first day of July next succeeding the termination of proceedings. The county board of education shall adopt rules and regulations governing a gradual withdrawal, including the period to be covered, not to exceed five years, the amount of payment for each year, and the amount of service to be rendered. The terms of the gradual withdrawal shall comply with the rules and regulations. (Amended by Stats. 1990, Ch. 1372, Sec. 168.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 5. Use of Library Fund [18170 - 18172] SECTION 18170. Source version: id_cfe0bcc1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=5. The governing board of any school district shall expend the library fund, together with the money that is added thereto by donation, in the purchase of school apparatus and books for a school library, including books for supplementary work. (Amended by Stats. 1990, Ch. 1372, Sec. 169.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 5. Use of Library Fund [18170 - 18172] SECTION 18171. Source version: id_cfe0bcc3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=5. No warrant shall be drawn by the superintendent of schools upon the order of any governing board of any school district against the library fund of any district unless the order is accompanied by an itemized bill, showing the books and apparatus, and the price of each in payment of which the order is drawn, and unless the books and apparatus, except in the case of library books and apparatus purchased by a district employing a district superintendent of schools or a school librarian for full time, have been adopted by the county, city, or city and county board of education. (Amended by Stats. 1990, Ch. 1372, Sec. 170.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 5. Use of Library Fund [18170 - 18172] SECTION 18172. Source version: id_cfe0bcc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=5. All orders of the governing board of any school district for books or apparatus shall in every case be submitted to the superintendent of schools of the county, city, or city and county, respectively, for his or her approval, before the books or apparatus shall be purchased. (Amended by Stats. 1990, Ch. 1372, Sec. 171.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 8. California Classroom Library Materials Act of 1999 [18202 - 18203] SECTION 18202. Source version: id_cfe24375-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=8. (a) A fund is hereby established in the State Treasury to be known as the Business Organizations and Opportunities for Kids Fund. Moneys donated by private entities for the purchase of classroom reading materials pursuant to this article shall be deposited into this fund. These donations shall be tax exempt and treated as a charitable contribution to the extent allowed under both federal and state law. (b) All moneys in the Business Organizations and Opportunities for Kids Fund are available for expenditure only upon an appropriation in the annual Budget Act or other act. The fund shall be administered by the State Librarian in consultation with the Superintendent of Public Instruction. The allocation and expenditure of money in the fund shall be consistent with Section 18203. (Added by Stats. 1999, Ch. 78, Sec. 19. Effective July 7, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 2. School Libraries [18100 - 18203] ARTICLE 8. California Classroom Library Materials Act of 1999 [18202 - 18203] SECTION 18203. Source version: id_cfe24377-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=2.&article=8. (a) Funds appropriated for the purposes of this article shall be apportioned to eligible school districts in an equal amount per enrollment reported in the second principal apportionment of the prior fiscal year for kindergarten or any of grades 1 to 4, inclusive. Upon receiving an apportionment, a school district shall allocate these funds to each schoolsite that maintains a kindergarten or any of grades 1 to 4, inclusive. The schoolsite shall expend the funds for the purchase of grade-level appropriate reading materials in accordance with the districtwide kindergarten and grade 1 to grade 4, inclusive, classroom library plan required by Section 18201. (b) For the purposes of this article, “grade-level appropriate reading materials” means nontextbook fiction and nonfiction books and periodicals. (Added by Stats. 1999, Ch. 78, Sec. 19. Effective July 7, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 1. Definitions [18300 - 18301] SECTION 18300. Source version: id_cfe550bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=1. “Trustees,” or “library trustees” as used in this chapter mean the regularly elected union high school trustees who reside within the library district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 1. Definitions [18300 - 18301] SECTION 18301. Source version: id_cfe550bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=1. “Library,” “library district,” or “library districts” as used in this chapter mean “union high school library district.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 10. Tax Levy [18493 - 18494] SECTION 18493. Source version: id_cff6412b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=10. The revenue derived from the tax, together with all money acquired by gift, devise, bequest, or otherwise for the purposes of the library, shall be paid into the county treasury to the credit of the library fund of the district in which the tax was collected, subject only to the order of the library trustees of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 10. Tax Levy [18493 - 18494] SECTION 18494. Source version: id_cff6412d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=10. If the payment into the treasury is inconsistent with the terms or conditions of any gift, devise, or bequest, the board of library trustees shall provide for the safety and preservation of the fund, and the application thereof to the use of the library, in accordance with the terms and conditions of the gift, devise, or bequest. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 11. Claims [18500- 18500.] SECTION 18500. Source version: id_cff7c7d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=11. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 12. Election for Issuance of Bonds [18510 - 18518] SECTION 18510. Source version: id_cff7c7d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=12. The board of trustees of any union high school library district may, when in its judgment it is deemed advisable, and shall upon a petition of 50 or more taxpayers and residents of the library district, call an election and submit to the electors of the district the proposition of whether the bonds of the district shall be issued and sold for the purpose of raising money for any or all of the following purposes: (a) The purchase of suitable lots. (b) Procuring plans and specifications and erecting a suitable building. (c) Furnishing and equipping the building and fencing and ornamenting the grounds, for the accommodation of the union high school library. (d) Any or all of the purposes of this chapter. (e) Liquidating any indebtedness incurred for the purposes. (f) Refunding any outstanding valid indebtedness evidenced by bonds or warrants of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 12. Election for Issuance of Bonds [18510 - 18518] SECTION 18511. Source version: id_cff7c7d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=12. In determining the amount of bonds to be issued and sold, the board of trustees may include: (a) Legal or other fees incidental to or connected with the authorization, issuance and sale of the bonds. (b) The costs of printing the bonds and other costs and expenses incidental to or connected with the authorization, issuance and sale of the bonds. If such a determination is made, the proceeds of the sale of the bonds may be used to pay such costs and fees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 12. Election for Issuance of Bonds [18510 - 18518] SECTION 18513. Source version: id_7c044ba6-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=12. Voting shall be by ballot, without reference to the general election law in regard to form of ballot or manner of voting. The ballots shall have printed on them the words “Shall the measure (stating the nature thereof) be adopted?” To the right or below the statement of the measure to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the measure. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (Amended by Stats. 2025, Ch. 303, Sec. 5. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 12. Election for Issuance of Bonds [18510 - 18518] SECTION 18515. Source version: id_cff94e7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=12. If it appears that two-thirds of the votes cast at the election are in favor of issuing the bonds, the board shall cause an entry of the fact to be made upon its minutes and shall certify to the board of supervisors of the county all the proceedings had in the premises. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 12. Election for Issuance of Bonds [18510 - 18518] SECTION 18518. Source version: id_cff94e7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=12. No error, irregularity, or omission which does not affect the substantial rights of the taxpayers within the district or the electors voting at any election at which bonds of any district are authorized to be issued shall invalidate the election or any bonds authorized by such election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18530. Source version: id_cff94e81-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. After the provisions of Sections 18510 to 18515, inclusive, have been complied with, the board of supervisors shall issue the bonds of the district, to the number and amount provided in the proceedings, payable out of the building fund of the district, naming it, and the money shall be raised by taxation upon the taxable property in the district, for the redemption of the bonds and the payment of the interest thereon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18531. Source version: id_cffad423-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. The total amount of bonds issued, shall not exceed 5 percent of the taxable property of the district, as shown by the last equalized assessment book of the county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18532. Source version: id_cffad425-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. The bonds shall not bear a rate of interest greater than 8 percent, payable annually or semiannually. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18533. Source version: id_cffad427-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. The board of supervisors by an order entered upon its minutes shall prescribe the form of the bonds and of the interest coupons attached thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18534. Source version: id_cffad429-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. The board of supervisors by an order entered upon its minutes shall fix the time when the whole or any part of the principal of the bonds will be payable, which shall not be more than 40 years from the date thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18534.3. Source version: id_cffad42b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. The board of supervisors may divide the principal amount of any issue into two or more series and fix different dates for the bonds of each series. The bonds of one series may be made payable at different times from those of any other series. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18534.5. Source version: id_cffad42d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. The board of supervisors may provide for redemption of bonds before maturity at prices determined by it. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital to that effect. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18535. Source version: id_cffad42f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. The bonds shall be sold in the manner prescribed by the board of supervisors, but for not less than 95 percent of par. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 13. Issuance and Sale of Bonds [18530 - 18536] SECTION 18536. Source version: id_cffad431-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=13. The proceeds of the sale of the bonds shall be deposited in the county treasury to the credit of the building fund of the library district, and shall be drawn out for the purposes for which the bonds were issued as other library money is drawn out. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 14. Cancellation of Bonds [18550 - 18553] SECTION 18550. Source version: id_cffc5ad5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=14. Whenever any bonds issued under the provisions of this chapter remain unsold for the period of six months after having been offered for sale in the manner prescribed by the board of supervisors, the board of trustees of the library district for or on account of which the bonds were issued, or of any library district composed wholly or partly of territory which, at the time of holding the election authorizing the issuance of the bonds, was embraced within the district for or on account of which the bonds were issued, may petition the board of supervisors to cause the unsold bonds to be withdrawn from market and canceled. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 14. Cancellation of Bonds [18550 - 18553] SECTION 18551. Source version: id_cffc5ad7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=14. Upon receiving the petition, signed by a majority of the members of the board of trustees, the supervisors shall fix a time for hearing the petition, which shall not be more than 30 days thereafter, and shall cause a notice, stating the time and place of hearing, and the object of the petition in general terms, to be published for 10 days prior to the day of hearing in a newspaper published in the library district, if there is one, and if there is no newspaper published in the library district, then in a newspaper published at the county seat of the county in which the library district or part thereof is situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 14. Cancellation of Bonds [18550 - 18553] SECTION 18552. Source version: id_cffc5ad9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=14. At the time and place designated in the notice for hearing the petition, or at any subsequent time to which the hearing may be postponed, the supervisors shall hear any reasons that may be submitted for or against the granting of the petition, and if they deem it for the best interests of the library district named in the petition that the unsold bonds be canceled, they shall make and enter an order in the minutes of their proceedings that the unsold bonds be canceled. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 14. Cancellation of Bonds [18550 - 18553] SECTION 18553. Source version: id_cffc5adb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=14. Thereupon the bonds and the vote by which they were authorized to be issued, shall cease to be of any validity whatever. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 14.5. Sale of Unsold Bonds [18555 - 18558] SECTION 18555. Source version: id_cffde17f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=14.5. When the board of trustees of the library district determines that the purpose and object of the bonds has been accomplished, it may request the board of supervisors to cause any unsold bonds to be issued and sold and the proceeds thereof used for any or all of the purposes set forth in Section 18510. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 14.5. Sale of Unsold Bonds [18555 - 18558] SECTION 18556. Source version: id_cffde181-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=14.5. Upon receiving the request, signed by a majority of the members of the board of trustees, the supervisors shall fix a time for hearing the request, which shall not be more than 30 days thereafter, and shall cause a notice, stating the time and place of hearing, and the object of the request in general terms, to be published for 10 days prior to the day of hearing in a newspaper published in the library district, if there is one, and if there is no newspaper published in the library district, then in a newspaper published at the county seat of the county in which the library district or part thereof is situated. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 14.5. Sale of Unsold Bonds [18555 - 18558] SECTION 18557. Source version: id_cffde183-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=14.5. At the time and place designated in the notice for hearing the request, or at any subsequent time to which the hearing may be postponed, the supervisors shall hear any reasons that may be submitted for or against the granting of the request. If, before the conclusion of the hearing, a petition signed by registered voters within the district equal to not less than 10 percent of the vote cast within the boundaries of the district for all candidates for governor at the last gubernatorial election requesting an election is not filed, the board of supervisors may, if they determine it to be for the best interests of the library district, grant the request. In such event, they shall make and enter an order in the minutes of their proceedings that the unsold bonds shall be sold and the proceeds used for the purposes specified in the request. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 14.5. Sale of Unsold Bonds [18555 - 18558] SECTION 18558. Source version: id_cffde185-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=14.5. In the event a petition, as set forth in Section 18557, is filed, the board of supervisors shall not grant the request without first submitting the question to the voters in the same manner and with the same effect as provided for a referendum by the electors of a district pursuant to Section 9340 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 24. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 15. Tax for Interest and Redemption of Bonds [18560 - 18562] SECTION 18560. Source version: id_cfff6829-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=15. The board of supervisors, at the time of making a levy of taxes for county purposes, shall levy a tax for that year upon the taxable property in the district, at the equalized assessed value thereof for that year, for the interest and redemption of the bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 15. Tax for Interest and Redemption of Bonds [18560 - 18562] SECTION 18561. Source version: id_cfff682b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=15. The tax shall not be less than sufficient to pay the interest of the bonds for that year, and such portion of the principal as is to become due during the year. In any event the tax shall be high enough to raise, annually, for the first half of the term the bonds have to run, a sufficient sum to pay the interest thereon, and, during the balance of the term, high enough to pay the annual interest, and to pay annually, a proportion of the principal of the bonds equal to a sum produced by taking the whole amount of the bonds outstanding and dividing it by the number of years the bonds then have to run. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 15. Tax for Interest and Redemption of Bonds [18560 - 18562] SECTION 18562. Source version: id_cfff682d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=15. All money levied, when collected, shall be paid into the county treasury to the credit of the library district, and be used for the payment of principal and interest on the bonds, and for no other purpose. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 16. Payment of Interest and Bonds [18570 - 18571] SECTION 18570. Source version: id_cfff6831-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=16. The principal and interest on the bonds shall be paid by the county treasurer, upon the warrant of the county auditor, out of the fund provided therefor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 16. Payment of Interest and Bonds [18570 - 18571] SECTION 18571. Source version: id_d000eed3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=16. The county auditor shall cancel and file with the county treasurer the bonds and coupons as rapidly as they are paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 2. Unified School Districts [18310 - 18312] SECTION 18310. Source version: id_cfe6d763-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=2. For the purposes of this chapter a unified school district has all of the powers and duties of a union high school district. A library district may be formed upon the application of 50 or more taxpayers and residents of any unified district, and after an election, in the manner prescribed by this chapter for the formation of a library district upon the application of taxpayers and residents of a union high school district. If the requisite number of votes cast at the election are in favor of a unified school district library district the board of supervisors shall by resolution establish the library district and place the district in the control of the governing board of the unified school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 2. Unified School Districts [18310 - 18312] SECTION 18311. Source version: id_cfe6d765-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=2. As used in this chapter the words “union high school district” mean union high school district or unified school district and the words “union high school” mean union high school or unified school district. Whenever the provisions of this chapter are being exercised by, or are being made applicable in, a unified school district, the words “union high school district” and “union high school” shall be deemed to mean unified school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 2. Unified School Districts [18310 - 18312] SECTION 18312. Source version: id_cfe6d767-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=2. If there are formed substantially within the territory of a union high school library district two or more unified school districts, the library district shall become a unified school district library district which shall be governed by the governing board of the unified school district whose territory includes the largest portion of the territory of the library district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 3. Establishment [18320 - 18322] SECTION 18320. Source version: id_cfe6d76b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=3. Any union high school district may establish, equip, and maintain a public library for the dissemination of knowledge of the arts, sciences, and general literature, in accordance with this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 3. Establishment [18320 - 18322] SECTION 18321. Source version: id_cfe6d76d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=3. The title to all property acquired for the purposes of the library, when not inconsistent with the terms of its acquisition, or not otherwise designated, vests in the district in which the library is, or is to be, situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 3. Establishment [18320 - 18322] SECTION 18322. Source version: id_cfe8851f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=3. Every union high school library established under this chapter shall be forever free to the inhabitants and nonresident taxpayers of the library district, subject always to such rules, regulations, and bylaws as may be made by the board of library trustees. For violations of any rule, regulation, or bylaw a person may be fined or excluded from the privileges of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18330. Source version: id_cfe88523-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. Upon the application by petition of 50 or more taxpayers and residents of any union high school district to the board of supervisors in the county in which the union high school district is located, for the formation of a library district, and setting forth the boundaries of the proposed district, the board of supervisors shall, within 10 days after receiving the petition, by resolution, order that an election be held in the proposed district for the determination of the question and shall conduct the election. (Amended by Stats. 1987, Ch. 1452, Sec. 89.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18333. Source version: id_77aab584-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. The election shall be conducted in accordance with the general election laws of this state, where applicable, without reference to form of ballot or manner of voting. The ballot shall contain the words “Shall the Union High School Library District be established?” To the right of or below those words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the proposal. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (Amended by Stats. 2025, Ch. 303, Sec. 4. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18335. Source version: id_cfe88527-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. The election officers shall report the result of the election to the board of supervisors within five days subsequent to the holding thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18336. Source version: id_cfe88529-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. If two-thirds of the votes cast at the election are in favor of a union high school library district, the board of supervisors shall, by resolution, establish the library district, and place the district in the control of the governing board of the union high school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18337. Source version: id_cfe8852b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. If more than one-third of the votes cast in the election is against a library district, the board of supervisors shall, by order, so declare and no other proceedings shall be taken in relation thereto until the expiration of one year from the date of presentation of the petition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18338. Source version: id_cfea0bcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. The fact of the presentation of the petition and the order establishing the library district shall be entered on the minutes of the board of supervisors, and shall be conclusive evidence of the due presentation of a proper petition, and that each of the petitioners was, at the time of signature and presentation of the petition a taxpayer and resident of the proposed district, and of the fact and regularity of all prior proceedings of every kind and nature provided for by this article, and of the existence and validity of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18339. Source version: id_06613e23-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. Every library district shall be designated by the name and style of “____ Library District (using the name of the district) of ____ County (using the name of the county in which the district is situated).” The governing board of library trustees may select a name which sufficiently distinguishes the library district from an existing school district. A number shall not be used as a part of the designation of any library district. (Amended by Stats. 2005, Ch. 27, Sec. 1. Effective June 30, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18340. Source version: id_cfea0bd1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. In the name of the library district, the governing board may sue and be sued, and may hold and convey property for the use and benefit of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18341. Source version: id_cfea0bd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. The trustees in whose control the library district has been placed shall severally hold office during the term for which they have been elected as trustees of the union high school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18342. Source version: id_cfea0bd5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. (a) The Board of Trustees of the Santa Paula Union High School District in Ventura County may, by resolution, provide that the Santa Paula Union High School Public Library District shall be governed by a separate board of trustees. Upon adoption, the resolution shall be filed with the County Clerk of the County of Ventura. The effective date of the resolution shall not be earlier than January 1, 1996. (b) Upon the effective date of the resolution adopted pursuant to subdivision (a), the name of the Santa Paula Union High School Public Library District shall be the Blanchard/Santa Paula Library District. (c) The governing board shall consist of five members, each of whom shall be a registered voter residing within the library district. (d) Except for the initial board, members appointed pursuant to paragraph (1) of subdivision (f), and members described in subdivision (h), of the governing board shall hold office for a fixed term of four years, beginning on the last Friday in November next succeeding their appointment or election. (e) Within 60 days after filing with the County Clerk of the County of Ventura of the resolution adopted pursuant to subdivision (a), the Board of Supervisors of the County of Ventura shall appoint the initial governing board of the library district. The appointments shall be made from the membership of the Library Commission of the Santa Paula Union High School Public Library District. (f) The first board of trustee shall, at their first meeting, so classify themselves by lot that their terms shall expire: (1) Two on the last Friday in November of the first even-numbered calendar year succeeding his or her appointment. (2) Three on the last Friday of November of the second succeeding even-numbered calendar year. (g) The district shall continue to receive revenues, including apportioned property taxes and authorized special taxes as if it were still the Santa Paula Union High School Public Library District. There shall be no change in district powers or responsibilities. (h) Notwithstanding any other provision of law, those persons elected to the board of trustees in 1997 shall hold office for a fixed five-year term. (Amended by Stats. 1998, Ch. 829, Sec. 21. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 4. Formation of District [18330 - 18343] SECTION 18343. Source version: id_06b0bdb5-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=4. (a) The governing board of the Banning Unified School District may, by resolution, provide that the Banning Unified School District Library District shall be governed by a separate governing board. Upon adoption, the resolution shall be filed with the County Clerk of the County of Riverside. (b) Upon the effective date of the resolution adopted pursuant to subdivision (a), the name of the Banning Unified School District Library District shall be the Banning Library District. (c) The governing board shall consist of five members, each of whom shall be a registered voter residing within the library district. (d) Except for the initial board, members appointed pursuant to paragraph (1) of subdivision (f), and members described in subdivision (h), of the governing board shall hold office for a fixed term of four years, beginning on the last Friday in November next succeeding their appointment or election. (e) Within 60 days after filing with the County Clerk of the County of Riverside of the resolution adopted pursuant to subdivision (a), the Board of Supervisors of the County of Riverside shall appoint the initial governing board of the library district. The appointments shall be made from the membership of the Library Commission of the Banning Unified School District Library District. (f) The first board of trustees shall, at their first meeting, so classify themselves by lot that their terms shall expire: (1) Two on the last Friday in November of the first even-numbered calendar year succeeding his or her appointment. (2) Three on the last Friday of November of the second succeeding even-numbered calendar year. (g) The library district shall continue to receive revenues, including apportioned property taxes and authorized special taxes as if it were still the Banning Unified School District Library District. There shall be no change in district powers or responsibilities. (h) Notwithstanding any other provision of law, those persons elected to the governing board in 2007 shall hold office for a fixed five-year term. (Added by Stats. 2005, Ch. 20, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 5. Dissolution of Districts [18370 - 18373] SECTION 18370. Source version: id_cfeb9279-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=5. The district may at any time be dissolved if two-thirds of the votes cast at an election called by the library trustees upon the question of dissolution are in favor of the dissolution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 5. Dissolution of Districts [18370 - 18373] SECTION 18371. Source version: id_cfeb927b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=5. The election shall be called and conducted in the same manner as other elections of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 5. Dissolution of Districts [18370 - 18373] SECTION 18372. Source version: id_cfeb927d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=5. Upon dissolution, the property of the district shall vest in any union high school district in which the library is situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 5. Dissolution of Districts [18370 - 18373] SECTION 18373. Source version: id_cfeb927f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=5. If at the time of the election to dissolve the district, there is any outstanding bonded indebtedness of the district, the vote to dissolve the district shall dissolve it for all purposes excepting only the levy and collection of taxes for the payment of the indebtedness. From the time the district is dissolved until the bonded indebtedness, with the interest thereon, is fully paid, satisfied, and discharged, the board of supervisors is ex officio the library board of the district. The board shall levy such taxes and perform such other acts as are necessary in order to raise money for the payment of the indebtedness and the interest thereon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 6. Meetings of Boards of Trustees [18380 - 18385] SECTION 18380. Source version: id_cfed1923-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=6. A board of library trustees shall meet at least quarterly, at the time and place that it may fix by resolution. (Amended by Stats. 1995, Ch. 579, Sec. 4. Effective October 4, 1995. Operative January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 6. Meetings of Boards of Trustees [18380 - 18385] SECTION 18381. Source version: id_cfed1925-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=6. Special meetings may be called at any time by two trustees, by written notices served upon each member at least 12 hours before the time specified for the meeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 6. Meetings of Boards of Trustees [18380 - 18385] SECTION 18382. Source version: id_cfed1927-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=6. Three members constitute a quorum for the transaction of business. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 6. Meetings of Boards of Trustees [18380 - 18385] SECTION 18383. Source version: id_cfed1929-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=6. The board shall hold an annual organizational meeting. In a year in which a regular election for board members is conducted, the meeting shall be held on a day within a 15-day period that commences with the date upon which a board member elected at that election takes office. Organizational meetings in years in which no such regular election for board members is conducted shall be held during the same 15-day period on the calendar. At each of such meetings, the board shall elect one of its number president, and another one of its number secretary. They shall serve as such for one year or until their successors are elected and qualified. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 6. Meetings of Boards of Trustees [18380 - 18385] SECTION 18384. Source version: id_cfed192b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=6. The board shall cause a proper record of its proceedings to be kept. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 6. Meetings of Boards of Trustees [18380 - 18385] SECTION 18385. Source version: id_cfee9fcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=6. At the first meeting of the board of trustees of any library district formed under this chapter it shall immediately cause to be made out and filed with the State Librarian a certificate showing that the library has been established, with the date thereof, the names of the trustees, and the officers of the board chosen for the current fiscal year. (Amended by Stats. 1987, Ch. 1452, Sec. 93.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18400. Source version: id_cfee9fd1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall make and enforce all rules, regulations, and bylaws necessary for the administration, government, and protection of the library under its management, and all property belonging to the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18401. Source version: id_cfee9fd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall administer any trust declared or created for the library and receive by gift, devise, or bequest, and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18402. Source version: id_cfee9fd5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall prescribe the duties and powers of the librarian, secretary, and other officers and employees of the library, determine the number of and appoint all officers and employees, and fix their compensation. The officers and employees shall hold their offices and positions at the pleasure of the boards. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18403. Source version: id_cff02677-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall purchase necessary books, journals, publications, and other personal property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18404. Source version: id_cff02679-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall purchase such real property, and erect or rent and equip such buildings or rooms, as in its judgment are necessary to properly carry out the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18405. Source version: id_cff0267b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees may request the appropriate state officials to furnish the library with copies of any and all reports, laws, and other publications of the state not otherwise disposed of by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18406. Source version: id_cff0267d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall borrow books from, lend books to, and exchange books with other libraries, and shall allow nonresidents to borrow books upon such conditions as it may prescribe. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18407. Source version: id_cff0267f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18408. Source version: id_cff02681-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall file through the librarian on or before the last day in August of each year, a report with the State Librarian at Sacramento, giving the condition of its library and the number of volumes contained therein on the 30th day of June preceding. The report shall, in addition to other matters deemed expedient by the board of trustees or the district librarian, contain such statistical and other information as is deemed desirable by the State Librarian. For this purpose the State Librarian may send to the several district librarians instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18409. Source version: id_cff1ad23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. The board of library trustees shall designate the hours during which the library will be open for the use of the public. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18410. Source version: id_cff1ad25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. All public libraries established under this chapter shall be open for the use of the public at all reasonable times. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 7. Powers of Boards of Trustees [18400 - 18411] SECTION 18411. Source version: id_cff1ad27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=7. Boards of library trustees and the boards of trustees of neighboring library districts, or the legislative bodies of neighboring municipalities, or boards of supervisors of the counties in which public libraries are situated, may contract to lend the books of the libraries to residents of the counties, neighboring municipalities, or library districts, upon a reasonable compensation to be paid by the counties, neighboring municipalities, or library districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18440. Source version: id_cff1ad2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. A board of library trustees may appoint, by resolution or other order entered in the minutes of the board of library trustees, a library commission consisting of five members to manage and operate the library or libraries of the district. Before any board of library trustees appoints a library commission as provided herein, the board of library trustees shall hold at least one public hearing on the matter of the creation of a library commission; notice of such hearing shall be given by publication pursuant to Section 6066 of the Government Code, in a newspaper designated by the board of library trustees and circulated throughout the district, and by posting of the notice in three public places in the district at least 15 days prior to the date of the public hearing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18441. Source version: id_cff1ad2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. The members of the library commission shall hold office for three years from the first day of July next succeeding their appointment and until their successors are appointed and qualified, and shall serve without compensation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18442. Source version: id_cff333cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. The members of the first commission appointed shall be so classified by the board of library trustees at the time of their appointment that the term of office of one of the members shall expire on the first day of July one year after the first day of July next succeeding his appointment, two at the end of one additional year thereafter, and two at the end of two additional years thereafter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18443. Source version: id_cff333d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. Vacancies shall be filled by the board of library trustees by appointment for the unexpired term. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18444. Source version: id_a2d7008c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. Within 30 days after the members of the commission are first appointed, and whenever vacancies in an office occur and are filled, the commission shall meet and organize as a commission, electing a president and a secretary from their number, after which they may transact business. The commission shall meet at a time and place that the commission determines by resolution. Regular and special meetings shall be called and conducted as prescribed in Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2007, Ch. 730, Sec. 11. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18445. Source version: id_cff333d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. A majority of the commission shall constitute a quorum for the transaction of business. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18446. Source version: id_cff333d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. The commission shall act only by resolution or motion. A majority vote of the members of the commission is required on each action taken, and the vote thereon shall be recorded. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18447. Source version: id_cff333d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. The commission shall cause a proper record of its proceedings to be kept and maintained. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18448. Source version: id_cff333db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. Members of the commission may be allowed actual necessary traveling and incidental expenses incurred in the performance of official business of the district as approved by the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18449. Source version: id_cff333dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. The commission shall do and perform any and all powers and duties authorized or required of the board of library trustees in Article 7 (commencing with Section 18400) of this chapter with the exception of Section 18411, provided that the consent of the board of library trustees shall be necessary before the commission may dispose of property pursuant to Section 18401 and before the purchase, erection, rental, and equipment of buildings or rooms pursuant to Section 18404. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18450. Source version: id_cff4ba7f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. Upon the receipt by the county auditor of an order of the library commission of the district, he shall issue his warrant upon the county treasurer for the amount stated in the order if sufficient funds be on deposit in the account of the district with the county treasurer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18451. Source version: id_cff4ba81-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. Annually, and on or before the first day of June of each and every year, the commission shall submit or cause to be submitted to the board of library trustees its proposed budget for the operating and maintaining of the library or libraries of the district for the ensuing fiscal year. The proposed budget shall include an estimate of the cost of any or all of the following: (a) Leasing of temporary quarters; (b) Purchasing of suitable real property; (c) Procuring plans and specifications, and erecting a suitable building or buildings; (d) Furnishing and equipping the library building, and fencing and ornamenting the grounds for the accommodation of the public library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 8. Library Commission [18440 - 18452] SECTION 18452. Source version: id_cff4ba83-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=8. The board of library trustees may dissolve the library commission created under the provisions of this article effective as of the 30th day of June next succeeding. Before taking action to dissolve a library commission, the board of library trustees shall hold at least one public hearing on the matter; notice of such hearing shall be given by publication pursuant to Section 6066 of the Government Code, in a newspaper designated by the board of library trustees and circulated throughout the district, and by posting of the notice in three public places in the district at least 15 days prior to the date of the public hearing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 3. Unified School Districts and Union High School Districts Public Libraries [18300 - 18571] ARTICLE 9. Estimates of Funds Needed [18480- 18480.] SECTION 18480. Source version: id_cff4ba87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=3.&article=9. In any library district formed under this chapter which maintains a public library, or which has petitioned for and has been granted permission to establish, and intends to maintain, a public library in accordance with this chapter, the board of library trustees shall furnish to the board of supervisors of the county in which the library district is situated, each and every year, on or before the first day of September, an estimate of the cost of any or all of the following: (a) Leasing temporary quarters. (b) Purchasing a suitable lot. (c) Procuring plans and specifications and erecting a suitable building. (d) Furnishing and equipping the building, and fencing and ornamenting the grounds for the accommodation of the public library. (e) Conducting and maintaining the library for the ensuing fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 1. General Provisions [18700 - 18703] SECTION 18700. Source version: id_d0027579-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=1. This chapter shall be known as the California Library Services Act. (Repealed and added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 1. General Provisions [18700 - 18703] SECTION 18701. Source version: id_81d62794-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=1. The Legislature finds and declares that it is in the interest of the people of the state to ensure that all people have free and convenient access to all library resources and services that might enrich their lives, regardless of where they live or of the tax base of their local government. This finding is based on the recognition that: (a) The public library is a primary source of information, recreation, and education to persons of all ages, any location, or any economic circumstance. (b) The expansion of knowledge and the increasing complexity of our society creates a need for materials and information that goes beyond the ability of any one library to provide. (c) The public libraries of California are supported primarily by local taxes. The ability of local governments to provide adequate service is dependent on the taxable wealth of each local jurisdiction and varies widely throughout the state. (d) Public libraries are unable to bear the greater costs of meeting the exceptional needs of many residents, including people with disabilities, non-English-speaking and limited-English-speaking persons, those who are confined to home or in an institution, and those who are economically disadvantaged. (e) The effective sharing of resources and services among the libraries of California requires an ongoing commitment by the state to promote access to information in both print and digital format. (Amended by Stats. 2016, Ch. 24, Sec. 1. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 1. General Provisions [18700 - 18703] SECTION 18702. Source version: id_d002757d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=1. It is the intent of the Legislature to provide all residents with the opportunity to obtain from their public libraries needed materials and informational services by facilitating access to the resources of all libraries in this state. This policy shall be accomplished by assisting public libraries to improve service to the underserved of all ages, and by enabling public libraries to provide their users with the services and resources of all libraries in this state. (Repealed and added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 1. General Provisions [18700 - 18703] SECTION 18703. Source version: id_8a48c866-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=1. In adopting this chapter, the Legislature declares that its policy shall be as follows: (a) To reaffirm the principle of local control of the government and administration of public libraries, and to affirm that the provisions of this chapter apply only to libraries authorized by their jurisdictions to apply to participate in the programs authorized by this act. (b) To require no library, as a condition for receiving funds or services under this chapter, to acquire or exclude any specific book, periodical, film, recording, picture, or other material, or any specific equipment, or to acquire or exclude any classification of books or other material by author, subject matter, or type. (c) To encourage the adequate financing of libraries from local sources, with state aid to be furnished to supplement, not supplant, local funds. (d) To encourage service to the underserved of all ages. (e) To encourage and enable the sharing of resources between libraries. (f) To ensure public participation in carrying out the intent of this act. (Amended by Stats. 2016, Ch. 24, Sec. 2. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 2. Definitions [18710- 18710.] SECTION 18710. Source version: id_9273d8e8-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=2. As used in this chapter, the following terms have the following meanings, unless the context otherwise indicates or unless specific exception is made: (a) “Academic library” means a library established and maintained by a college or university to meet the needs of its students and faculty, and others by agreement. (b) “Act” means the California Library Services Act. (c) “Cooperative library system” means a public library system that consists of two or more jurisdictions entering into a written agreement to implement a regional program in accordance with this chapter, and that, as of the effective date of this chapter, was designated a library system under the Public Library Services Act of 1963 or was a successor to that library system. (d) “Direct loan” means the lending of a book or other item directly to a borrower. (e) “Equal access” means the right of the residents of jurisdictions that are members of a cooperative library system to use on an equal basis with one another the services and loan privileges of any and all other members of the same system. (f) “Independent public library” means a public library that is not a member of a system. (g) “Interlibrary loan” means the lending of a book or other item from one library to another as the result of a user request for the item. (h) “Jurisdiction” means a county, city and county, city, or any district that is authorized by law to provide public library services and that operates a public library. (i) “Libraries for institutionalized persons” means libraries maintained by institutions for the purpose of serving their resident populations. (j) “Public library” means a library, or two or more libraries, that is operated by a single public jurisdiction and that serves its residents free of charge. (k) “School library” means an organized collection of printed and audiovisual materials that satisfies all of the following criteria: (1) Is administered as a unit. (2) Is located in a designated place. (3) Makes printed, audiovisual, and other materials as well as necessary equipment and services of a staff accessible to elementary and secondary school pupils and teachers. (l) “Special library” means one maintained by an association, government service, research institution, learned society, professional association, museum, business firm, industrial enterprise, chamber of commerce, or other organized group and the greater part of their collections being in a specific field or subject, such as natural sciences, economics, engineering, law, and history. (m) “Special Services Programs” means a project establishing or improving service to the underserved of all ages. (n) “State board” means the California Library Services Board. (o) “System” means a cooperative library system. (p) “Underserved” means any population segment with exceptional service needs not adequately met by traditional library service patterns, including, but not limited to, those persons who are geographically isolated, economically disadvantaged, functionally illiterate, of non-English-speaking or limited-English-speaking ability, homebound, or institutionalized, or who are persons with disabilities. (q) “Universal borrowing” means the extension by a public library of its direct loan privileges to the eligible borrowers of all other public libraries. (Amended by Stats. 2016, Ch. 24, Sec. 3. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 3. Administration [18720 - 18726] SECTION 18720. Source version: id_3acb2cb8-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=3. (a) There is hereby established in the state government the California Library Services Board, to consist of 13 members. The Governor shall appoint nine members of the board. Three of the Governor’s appointments shall be representative of laypersons, one of whom shall represent people with disabilities, one of whom shall represent limited- and non-English-speaking persons, and one of whom shall represent economically disadvantaged persons. (b) The Governor shall also appoint six members of the board, each of whom shall represent one of the following categories: school libraries, libraries for institutionalized persons, public library trustees or commissioners, public libraries, special libraries, and academic libraries. (c) The Legislature shall appoint the remaining four public members from persons who are not representative of categories mentioned in this section. Two shall be appointed by the Senate Committee on Rules and two shall be appointed by the Speaker of the Assembly. (d) The terms of office of members of the board shall be for four years and shall begin on January 1 of the year in which the respective terms are to start. (e) On January 1, 2013, the members of the board shall be those persons serving on the former Library of California Board, appointed pursuant to former Section 18820, as it existed on December 31, 2012, who shall serve for the duration of their terms. (Amended by Stats. 2013, Ch. 76, Sec. 30. (AB 383) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 3. Administration [18720 - 18726] SECTION 18722. Source version: id_d00582c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=3. The concurrence of seven members of the state board shall be necessary to the validity of any of its acts. (Added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 3. Administration [18720 - 18726] SECTION 18723. Source version: id_d00582cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=3. Members of the state board shall serve without pay. They shall receive their actual and necessary traveling expenses while on official business. (Added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 3. Administration [18720 - 18726] SECTION 18724. Source version: id_9a9832aa-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=3. The duties of the state board shall be to adopt rules, regulations, and general policies for the implementation of this chapter. In addition, the state board, consistent with the terms and provisions of this chapter, shall have the following powers and duties: (a) To direct the State Librarian in the administration of this chapter. (b) To review for its approval all annual proposals submitted under this chapter. (c) To expend the funds appropriated for the purpose of implementing the provisions of this chapter. (d) To require participating libraries and systems to prepare and submit any reports and information that are necessary to carry out the provisions of this chapter, and to prescribe the form and manner for providing those reports and information. (e) To require that any public library participating in programs authorized by this chapter provide access to its bibliographic records and materials location information consistent with the legislative policy of encouraging the sharing of resources between libraries. (Amended by Stats. 2016, Ch. 24, Sec. 4. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 3. Administration [18720 - 18726] SECTION 18725. Source version: id_862e5a12-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=3. The state board shall serve as the State Advisory Council on Libraries for the purpose of meeting the requirements of the federal Library Services and Technology Act. (Amended by Stats. 2012, Ch. 219, Sec. 2. (SB 1044) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 3. Administration [18720 - 18726] SECTION 18726. Source version: id_d00582d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=3. The State Librarian shall be the chief executive officer of the state board for purposes of this chapter and shall: (a) Make such reports and recommendations as may be required by the state board. (b) Administer the provisions of this chapter. (c) Review all claims to insure programmatic and technical compliance with the provisions of this chapter. (Added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 4. Local Public Library Services [18730 - 18731] SECTION 18730. Source version: id_d0070975-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=4. Any public library or combination of public libraries may submit proposals to the state board for Special Services Programs within the service area. Applications shall identify the needs of the target service group, assess the capacity of the applicant library or libraries to respond to those needs, and shall identify the activities and timelines necessary to achieve those objectives. Funds may be expended for the development of collections to meet the needs of the underserved, together with the employment or retraining of staff necessary to properly utilize the collections, and to provide appropriate services to the underserved. (Repealed and added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 4. Local Public Library Services [18730 - 18731] SECTION 18731. Source version: id_a2963fbc-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=4. A California public library may participate in universal borrowing. A public library participating in universal borrowing shall not exclude the residents of any jurisdiction maintaining a public library. (Amended by Stats. 2016, Ch. 24, Sec. 5. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 5. Library System Services [18740 - 18747] SECTION 18740. Source version: id_d008901d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=5. A library system, eligible for funds under this article, may consist of the following systems: (a) A cooperative library system that, as of the effective date of this act, was designated a system under the Public Library Services Act of 1963. (b) A library system in which two or more systems consolidate to form a library system. (c) A library system that is formed by adding independent public library jurisdictions to an existing system. (d) A library system formed by any combination of the above. (Amended by Stats. 1987, Ch. 1452, Sec. 102.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 5. Library System Services [18740 - 18747] SECTION 18743. Source version: id_aaa8bf2e-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=5. Each member library of a system shall provide equal access to all residents of the area served by the system. (Amended by Stats. 2016, Ch. 24, Sec. 7. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 5. Library System Services [18740 - 18747] SECTION 18745. Source version: id_b2b487e0-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=5. Each system shall annually apply to the state board for funds for intrasystem communications and delivery and resource sharing. Proposals shall be based upon the most cost-effective methods of exchanging print and digital materials and information among the member libraries. (Amended by Stats. 2016, Ch. 24, Sec. 9. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 5. Library System Services [18740 - 18747] SECTION 18746. Source version: id_d00a16c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=5. Each system shall annually apply to the state board for funds for planning, coordination, and evaluation of the overall systemwide services authorized by this chapter. (Amended by Stats. 1987, Ch. 1452, Sec. 107.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 5. Library System Services [18740 - 18747] SECTION 18747. Source version: id_9069fb14-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=5. Each system shall establish an administrative council whose membership consists of the head librarians of each jurisdiction in the system. Duties of the administrative council shall include general administrative responsibility for the system, adopting a system plan of service, and submitting annual proposals to the state board for implementation of the provisions of this article. (Amended by Stats. 2012, Ch. 219, Sec. 5. (SB 1044) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 6. Statewide Services [18760 - 18767] SECTION 18760. Source version: id_d00b9d75-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=6. The state board shall establish and administer two or more state reference centers. The centers shall be responsible for answering reference requests that cannot be met by systems and libraries participating in the programs authorized by this chapter. (Added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 6. Statewide Services [18760 - 18767] SECTION 18761. Source version: id_d00b9d77-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=6. Each reference center established by the state shall provide statewide service. Such service shall include the handling of reference requests that cannot be met locally and regionally. (Added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 6. Statewide Services [18760 - 18767] SECTION 18762. Source version: id_d00b9d79-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=6. Each reference center established pursuant to Section 18760 may enter into reciprocal or contractual agreements with libraries or any other information source for the purpose of making available their materials and informational services for the benefit of the library users of this state. Each California public library participating in any program under this chapter shall make materials and services available, as needed, to state reference centers. (Added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 6. Statewide Services [18760 - 18767] SECTION 18763. Source version: id_d00b9d7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=6. The budget of any reference center established pursuant to Section 18760 may include funds for the general operations of such centers, including funds for collection development and use. (Added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 6. Statewide Services [18760 - 18767] SECTION 18764. Source version: id_d00b9d7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=6. The state board shall designate one or more of the reference centers established pursuant to Section 18760 as a repository for collections specially relevant to economically disadvantaged persons and non-English-speaki ng persons. (Added by Stats. 1977, Ch. 1255.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 6. Statewide Services [18760 - 18767] SECTION 18766. Source version: id_baa99442-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=6. The state board shall establish and maintain a statewide communications and delivery and resource-sharing network between and among systems, state reference centers, independent public libraries, and all other libraries participating in the programs authorized by this act. (Amended by Stats. 2016, Ch. 24, Sec. 12. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4. California Library Services Act [18700 - 18767] ARTICLE 6. Statewide Services [18760 - 18767] SECTION 18767. Source version: id_d00d2423-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.&article=6. The state board shall establish and maintain a computerized data base of bibliographic records and locations of all materials acquired by public libraries in this state, for the purpose of carrying out the legislative policy of enabling libraries to share resources efficiently. (Added by Stats. 1978, Ch. 331.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4.6. California Library Literacy and English Acquisition Services Program [18880 - 18883] SECTION 18880. Source version: id_d01c66c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.6.&article= (a) The California Library Literacy and English Acquisition Services Program is hereby established within the California State Library as a public library program designed to reduce illiteracy among children and adults by providing English language literacy instruction and related services to native and nonnative English speaking youth and adults residing in California. For purposes of this article, “English language literacy instruction” means the development of basic skills of speaking, reading, and writing in the English language. (b) The California State Library shall allocate funds appropriated in the Budget Act for the California Library Literacy and English Acquisition Services Program to local library jurisdictions that are effectively providing literacy services. (c) At local discretion, jurisdictions may use their allocation from the State Literacy Program for any of the services described in Section 18881. (d) The California State Library shall provide local jurisdictions with technical assistance to the extent that resources are available for this purpose. (Added by Stats. 2003, Ch. 573, Sec. 5. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4.6. California Library Literacy and English Acquisition Services Program [18880 - 18883] SECTION 18881. Source version: id_d01ded65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.6.&article= The California Library Literacy and English Acquisition Services Program for public libraries may be used for any of the following: (a) (1) Services designed to reduce adult illiteracy by providing English language literacy instruction and related services to adults and youth who are not enrolled in school. A participating public library may establish an adult literacy instructional program that provides adult basic literacy instruction and related services. Participant learning shall be evaluated on the basis of statewide guidelines established by the State Librarian. (2) The public library shall do all of the following in establishing and implementing the program: (A) Seek community and local government awareness of and support for the program and develop a local commitment of resources for the program’s continuation. (B) Develop cooperative relationships with other local literacy service providers and participate in existing community adult literacy coalitions, in order to address the wide variety of literacy needs of the community and ensure an effective utilization of resources. The public library shall assist in the establishment of a community adult literacy coalition if none currently exists. (C) Recruit and train volunteers to provide tutoring and other services in public library and other community settings. (D) Certify that the local jurisdiction will provide the same level of local and private fiscal support as it did in the preceding fiscal year. (b) (1) Services to prevent illiteracy through coordinated literacy and preliteracy services to families that include illiterate adults and young children. The program shall provide reading preparation services for young children in public library settings and shall instruct parents in reading to their children. In addition, the program shall provide technical assistance, parent support, and any resources and materials necessary for its implementation. (2) A public library implementing this service shall meet all of the following requirements: (A) Offer new services to families with young children with the goal of helping the children become successful readers by increasing their general competence, self-confidence, and positive emotional associations with reading as a family experience and familiarity with the lifelong use of library resources. Recruitment of parents not previously included in public library literacy programs is a high priority. (B) Families eligible for the program shall include, but not be limited to, those with young children up to the age of five years. (C) Program meetings shall be held in public library settings. (D) The public library literacy program staff and children’s services staff shall work in close coordination with the State Library in administering the program to assure maximum integration of literacy services to parents and preliteracy services to their children. (3) Services offered by a public library under this subdivision shall include the following: (A) Acquisition of books, of appropriate reading levels for, and containing subjects of interest to, children for ownership by young children of families participating in the program. (B) Regular meetings of parents and children in public library settings during hours that are suitable for parents and their children. (C) Storytelling, word games, and other exercises designed to promote enjoyment of reading in adults and children. (D) Use of children’s books and language experience stories from the meetings as material for adult literacy instruction. (E) Instruction for parents in book selection and reading aloud to children. (F) Services to enhance full family participation and to foster a family environment conducive to reading. (G) Assistance to parents in using services in order to access books and other materials on such topics as parenting, child care, health, nutrition, and family life education. (H) Other services, as necessary to enable families to participate in the program. (c) Services for pupils in kindergarten and grades 1 to 12, inclusive, and their families in local English language learner and literacy programs. Local libraries may offer year-round literacy and English language tutoring in collaboration with nonprofit and other local organizations. (Added by Stats. 2003, Ch. 573, Sec. 5. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 4.6. California Library Literacy and English Acquisition Services Program [18880 - 18883] SECTION 18883. Source version: id_d01ded67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=4.6.&article= A local library shall ensure that funds received pursuant to this chapter are exclusively used for expenses resulting from providing English language and literacy services and shall ensure that at least 90 percent of the funds received for the program are expended on direct services and related materials. (Added by Stats. 2003, Ch. 573, Sec. 5. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 1. Establishment [18900 - 18901] SECTION 18900. Source version: id_d01f740f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=1. The common council, board of trustees, or other legislative body of any city in the state may, and upon being requested to do so by one-fourth of the electors of the municipal corporation in the manner provided in this article, shall, by ordinance, establish in and for the municipality a public library if there is none already established therein. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 1. Establishment [18900 - 18901] SECTION 18901. Source version: id_d01f7411-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=1. The request may be by a single petition, or by several petitions. The several petitions shall be substantially in the same form. The single petition, or several petitions in the aggregate, shall have, the signatures of the requisite number of electors. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18910. Source version: id_d020fab5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The public library shall be managed by a board of library trustees, consisting of five members, to be appointed by the mayor, president of the board of trustees, or other executive head of the municipality, with the consent of the legislative body of the municipality. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18911. Source version: id_d020fab7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The trustees shall hold office for three years. The members of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at the end of the current fiscal year, two at the end of one year thereafter, and two at the end of two years thereafter. The legislative body of the municipality may, by ordinance, provide for the compensation of such trustees; provided that the respective compensation for such trustees shall not exceed fifty dollars ($50) per month. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18912. Source version: id_d020fab9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. Men and women are equally eligible to appointment as trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18913. Source version: id_d020fabb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. Vacancies shall be filled by appointment for the unexpired term in the same manner as the original appointments are made. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18914. Source version: id_d020fabd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. Boards of library trustees shall meet at least once a month at such times and places as they may fix by resolution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18915. Source version: id_a4817b46-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. Meetings of the board are governed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (Amended by Stats. 2007, Ch. 343, Sec. 3. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18916. Source version: id_d020fac1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. A majority of the board shall constitute a quorum for the transaction of business. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18917. Source version: id_d020fac3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board shall appoint one of its number president, who shall serve for one year and until his successor is appointed, and in his absence shall select a president pro tem. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18918. Source version: id_d0228065-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board shall cause a proper record of its proceedings to be kept. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18919. Source version: id_d0228067-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees may make and enforce all rules, regulations, and bylaws necessary for the administration, government, and protection of the libraries under its management, and all property belonging thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18920. Source version: id_d0228069-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees may administer any trust declared or created for the library, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18921. Source version: id_d022806b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees may prescribe the duties and powers of the librarian, secretary, and other officers and employees of the library; determine the number of and appoint all officers and employees, and fix their compensation. The officers and employees shall hold their offices or positions at the pleasure of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18922. Source version: id_d022806d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees may purchase necessary books, journals, publications, and other personal property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18923. Source version: id_d022806f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees may purchase real property, and erect or rent and equip, such buildings or rooms, as may be necessary, when in its judgment a suitable building, or portion thereof, has not been provided by the legislative body of the municipality for the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18924. Source version: id_d0240711-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees may request the appropriate state officials to furnish the library with copies of any and all reports, laws, and other publications of the state not otherwise disposed of by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18925. Source version: id_d0240713-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees may borrow books from, lend books to, and exchange books with other libraries, and may allow nonresidents to borrow books upon such conditions as the board may prescribe. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18926. Source version: id_d0240715-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees may do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 2. Trustees [18910 - 18927] SECTION 18927. Source version: id_d0240717-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=2. The board of library trustees, or if there is no board of trustees, then the administrative head of the library shall, on or before August 31st, in each year, report to the legislative body of the municipality and to the State Librarian on the condition of the library, for the year ending the 30th day of June preceding. The reports shall, in addition to other matters deemed expedient by the board of trustees or administrative head of the library, contain such statistical and other information as is deemed desirable by the State Librarian. For this purpose the State Librarian may send to the several boards of trustees or administrative heads of the library instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 3. Support of Libraries [18951 - 18953] SECTION 18951. Source version: id_d0258dbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=3. All money acquired by gift, devise, bequest, or otherwise, for the purposes of the library, shall be apportioned to a fund to be designated the library fund, and shall be applied to the purposes authorized in this chapter. (Amended by Stats. 1977, Ch. 309.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 3. Support of Libraries [18951 - 18953] SECTION 18952. Source version: id_d0258dbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=3. If payment into the treasury is inconsistent with the conditions or terms of any gift, devise, or bequest, the board shall provide for the safety and preservation of the fund, and the application thereof to the use of the library, in accordance with the terms and conditions of the gift, devise, or bequest. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 3. Support of Libraries [18951 - 18953] SECTION 18953. Source version: id_d0258dbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=3. Payments from the fund shall be made upon warrants issued after due audit by, and an order from, the library trustees. The warrants shall be signed by the president and secretary of the board of library trustees. The treasurer of the municipality shall pay such warrants without any further order or warrant from any other authority. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 4. Government [18960 - 18965] SECTION 18960. Source version: id_d0271463-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=4. Every library established pursuant to this chapter shall be forever free to the inhabitants and nonresident taxpayers of the municipality, subject always to such rules, regulations, and bylaws as may be made by boards of library trustees. Any person who violates any rule, regulations, or bylaw may be fined or excluded from the privileges of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 4. Government [18960 - 18965] SECTION 18961. Source version: id_d0271465-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=4. The board of library trustees and the legislative body of any neighboring municipality or the board of supervisors of the county in which the public library is situated, may contract for lending the books of the library to residents of the county or neighboring municipality, upon a reasonable compensation to be paid by the county or neighboring municipality. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 4. Government [18960 - 18965] SECTION 18962. Source version: id_d0271467-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=4. The title to all property acquired for the purposes of the library, when not inconsistent with the terms of its acquisition, or otherwise designated, vests in the municipality in which the library is situated, and in the name of the municipal corporation may be sued for and defended by action at law or otherwise. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 4. Government [18960 - 18965] SECTION 18963. Source version: id_d0271469-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=4. Any municipal library which was established and existed on June 11, 1909, under the provisions of an act entitled “An act to establish free public libraries and reading rooms,” approved April 26, 1880, is continued under the provisions of this chapter and shall be considered the same as if established under the provisions of this chapter. This chapter has no application to any library established or governed by a city charter, and any city charter is in no manner affected by this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 4. Government [18960 - 18965] SECTION 18964. Source version: id_d027146b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=4. Any ordinance establishing a library adopted pursuant to this chapter shall be repealed by the body which adopted it upon being requested to do so by 51 percent of the electors of the municipal corporation, as shown by the great register. Upon the repeal of the ordinance the library is disestablished in the municipal corporation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 5. Municipal Libraries [18900 - 18965] ARTICLE 4. Government [18960 - 18965] SECTION 18965. Source version: id_d0289b0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=5.&article=4. Whenever the governing bodies of two or more cities or counties consolidate their existing public library services, as a joint exercise of powers under Chapter 5 (commencing with Section 6500), Division 7, Title 1 of the Government Code, and the ownership or management of the cities’ and counties’ library facilities and other library assets are turned over to a newly formed joint agency, any boards of public library trustees existing prior to the consolidation, may be dissolved by ordinance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19100. Source version: id_d0289b13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. The boards of supervisors of the several counties may establish and maintain, within their respective counties, county free libraries pursuant to this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19101. Source version: id_d0289b15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. The board of supervisors of any county may establish at the county seat or elsewhere in the county, a county free library for that part of the county lying outside of cities maintaining free public libraries, and outside of library districts maintaining district libraries, and for all such additional portions of the county as may elect to become a part of, or to participate in, the county free library system as provided in this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19102. Source version: id_d0289b17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. At least once a week for two successive weeks prior to taking any action, the board of supervisors shall publish, in a newspaper designated by it and published in the county, notice of the contemplated action, giving the date of the meeting at which the action is proposed to be taken. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19103. Source version: id_d02a21b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. After the establishment of a county free library, the board of trustees, common council, or other legislative body of any city in the county maintaining a free public library, or the board of trustees of any library district maintaining a district library, may notify the board of supervisors that the city or library district desires to become a part of the county free library system. Thereafter the city or library district shall be a part of the system and its inhabitants shall be entitled to the benefits of the county free library, and the property within the city or library district shall be liable to taxes levied for county free library purposes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19104. Source version: id_2db82a39-317e-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. (a) The board of trustees, common council, or other legislative body of a city or the board of trustees of a library district may, on or before January 1 of any year, notify the county board of supervisors that the city or library district no longer desires to be a part of the county free library system. The notice shall be accompanied by a statement complying with the requirements of Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code. The clerk of the board of supervisors shall file the statement with the county assessor and the State Board of Equalization. Thereafter the city or library district shall cease to participate in the benefits of the county free library system, and the property situated in the city or library district shall not be liable for taxes for county free library purposes. (b) If the board of trustees, common council, or other legislative body of a city or the board of trustees of a library district intends to withdraw from the county free library system and operate the city’s or the district’s library or libraries with a private contractor that will employ library staff to achieve cost savings, the requirements of Section 19104.5 shall apply, unless the library or libraries are funded only by the proceeds of a special tax imposed by the city or library district pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. (Amended by Stats. 2011, Ch. 611, Sec. 1. (AB 438) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19104.5. Source version: id_5566efe0-817b-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. (a) The board of trustees, common council, or other legislative body of a city or the board of trustees of a library district in which a withdrawal from the county free library system becomes effective on or after January 1, 2012, shall comply with all of the following requirements before entering into a contract to operate the city’s or the district’s library or libraries with a private contractor that will employ library staff to achieve cost savings: (1) At least once a week for four consecutive weeks before taking any action, the board of trustees, common council, or other legislative body of the city or the board of trustees of the library district shall publish, in a newspaper designated by it and circulated throughout the city or library district, notice of the contemplated action, giving the date and place of the meeting at which the contemplated action is proposed to be taken. (2) The board of trustees, common council, or other legislative body of a city or the board of trustees of a library district shall clearly demonstrate that the contract will result in actual overall cost savings to the city or library district for the duration of the entire contract as compared with the city’s or library district’s actual costs of providing the same services, provided that, in comparing costs, all of the following occur: (A) The city’s or library district’s additional cost of providing the same services as proposed by the contract shall be included. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the necessary functions of the library. (B) The city’s or library district’s indirect overhead costs shall not be included unless those costs can be attributed solely to the function in question and would not exist if that function was not performed by the city or library district. For purposes of this subparagraph, “indirect overhead costs” means the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) The cost of a contractor providing a service for any continuing city or library district costs that would be directly associated with the contracted function shall be included. Continuing city or library district costs shall include, but not be limited to, costs for inspection, supervision, and monitoring. (3) The contract shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Contracts shall be eligible for approval if the contractor’s wages are at the industry’s level and do not undercut city or library district pay rates. (4) The contract shall not cause an existing city or library district employee to incur a loss of his or her employment or employment seniority, a reduction in wages, benefits, or hours, or an involuntary transfer to a new location requiring a change in residence. (5) The contract shall be awarded through a publicized, competitive bidding process. (6) The contract shall include specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurances that the contractor’s hiring practices meet applicable nondiscrimination standards. (7) The contract shall provide that it may be terminated at any time by the city or library district without penalty if there is a material breach of the contract and notice is provided within 30 days of termination. (8) If the contract is for library services in excess of one hundred thousand dollars ($100,000) annually, all of the following shall occur: (A) The city or library district shall require the contractor to disclose all of the following information as part of its bid, application, or answer to a request for proposal: (i) A description of all charges, claims, or complaints filed against the contractor with any federal, state, or local administrative agency during the prior 10 years. (ii) A description of all civil complaints filed against the contractor in any state or federal court during the prior 10 years. (iii) A description of all state or federal criminal complaints or indictments filed against the contractor, or any of its officers, directors, or managers, at any time. (iv) A description of any debarments of the contractor by any public agency or licensing body at any time. (B) The city or library district shall include in the contract specific, measurable performance standards and provisions for a performance audit by the city or library district, or an independent auditor approved by the city or library district, to determine whether the performance standards are being met and whether the contractor is in compliance with applicable laws and regulations. The city or library district shall not renew or extend the contract before receiving and considering the audit report. (C) The contract shall include provisions for an audit by the city or library district, or an independent auditor approved by the city or library district, to determine whether and to what extent the anticipated cost savings have actually been realized. The city or library district shall not renew or extend the contract before receiving and considering the audit report. (9) The term of the contract shall not be more than five years from the date on which the board of trustees, common council, or other legislative body of a city or the board of trustees of a library district approves the contract. (b) This section does not preclude a city, library district, or local government from adopting more restrictive rules regarding the contracting of public services. (c) This section shall not apply to contracts between a city or library district and a nonprofit organization if both of the following requirements are met: (1) The nonprofit organization shall not be a parent or subsidiary of a for-profit entity. (2) The contract shall prohibit the nonprofit organization from subcontracting the obligation to operate the library or libraries and to employ and supervise library staff. (d) This section shall not apply to a library or libraries that are funded only by the proceeds of a special tax imposed by the city or library district pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. (Amended by Stats. 2018, Ch. 33, Sec. 3. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19105. Source version: id_d02a21bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. If the notice is given after January 1st of any year, the property situated in the city or library district shall be liable to taxes for county free library purposes during the immediately succeeding year, and the notice shall not be effective until the next succeeding year, and library service shall be rendered in the city or library district during the year for which taxes are levied for library purposes in the city or library district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19106. Source version: id_d02a21bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. Before any board of trustees, common council, or other legislative body of any city, or the board of trustees of any library district gives notice that the city or library district desires to become a part of the county free library system, or gives notice of withdrawal from the system, the board of trustees, common council, or other legislative body of the city or the board of trustees of the library district shall publish at least once a week for two successive weeks prior to the giving of either notice, in a newspaper designated by the board of trustees, common council, or other legislative body of the city or the board of library trustees of the library district, and circulating throughout the city or library district, notice of the contemplated action, giving the date and the place of the meeting at which the contemplated action is proposed to be taken. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19107. Source version: id_d02a21c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. The board of supervisors of any county in which a county free library has been established may enter into contracts with any city maintaining a free public library, and any such city, through its board of trustees or other legislative body, may enter into contracts with the county to secure to the residents of the city the same privileges of the county free library as are granted to, or enjoyed by, the residents of the county outside of the city, or such privileges as are agreed upon in the contract, upon such consideration named in the contract as is agreed upon, to be paid into the county free library fund. Thereupon the residents of the city shall have the same privileges with regard to the county free library as the residents of the county outside of the city, or such privileges as are agreed upon by the contract. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19108. Source version: id_d02ba863-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. The board of supervisors of any county in which a county free library has been established may enter into a contract with the board of supervisors of any other county to secure to the residents of the other county such privileges of the county free library as are agreed upon by the contract and upon such considerations as are agreed upon in the contract to be paid into the county free library fund. Thereupon the inhabitants of the other county shall have such privileges of the county free library as are agreed upon by the contract. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19109. Source version: id_d02ba865-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. The board of supervisors of any county may enter into a contract with the board of supervisors of another county in which a county free library has been established, and may levy a library tax, for the purpose of carrying out the contract. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19110. Source version: id_d02ba867-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. The board of supervisors of any county may contract with the board of supervisors of any other county or two or more other counties to provide for the services of a single qualified librarian to serve simultaneously as the county librarian of each county. (Amended by Stats. 1991, Ch. 52, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19111. Source version: id_d02ba869-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. The making of the contract shall not bar the board of supervisors of the county during the continuance of the contract from establishing a county free library under the provisions of this chapter if none is already established. Upon the establishment of any county free library, the contract may be terminated upon such terms as may be agreed upon by the parties thereto, or may continue for the term thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19112. Source version: id_d02d2f0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. Instead of establishing a separate county free library, the board of supervisors may enter into a contract with the board of library trustees or other authority in charge of the free public library of any city and the board of library trustees, or other authority in charge of the free public library, may make such a contract. The contract may provide that the free public library of the city shall assume the functions of a county free library within the county with which the contract is made, including cities in the county. The board of supervisors may agree to pay annually into the library fund of the city such sum as may be agreed upon. Either party to the contract may terminate the contract by giving six months’ notice of intention to do so. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19113. Source version: id_d02d2f0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. After a county free library has been established, it may be disestablished in the same manner as it was established. At least once a week for two successive weeks prior to taking any action, the board of supervisors shall publish, in a newspaper designated by them, and published in the county, notice of the contemplated action, giving therein the date of the meeting at which the contemplated action is proposed to be taken. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19114. Source version: id_d02d2f0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. Whenever any of the territory being served by a county free library is annexed to, or otherwise included within, any municipal corporation not served by the county free library, the board of supervisors of the county shall order the county free library to continue to serve the territory annexed to, or otherwise included within the municipality, until the end of the fiscal year or years for which a tax has been levied upon the property of the annexed territory for the support of the county free library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19115. Source version: id_d02d2f11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. The board of supervisors may establish a reasonable fee to be collected from persons who desire to participate in the services and benefits of the county free library and who are not residents of the territory in the county which is liable for taxes for county free library purposes. In establishing the fee, the board may also prescribe such regulations or limitations applicable to the use of the county free library by such persons as may reasonably be necessary. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 1. Establishment [19100 - 19116] SECTION 19116. Source version: id_3eca6ddc-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=1. (a) (1) Sections 19104 and 19105 are not applicable to the withdrawal of a city or library district from the county free library system in Los Angeles County or Riverside County. The legislative body of a city or the board of trustees of a library district, whose jurisdiction is within the County of Los Angeles or the County of Riverside, may notify the board of supervisors for Los Angeles County or Riverside County, as appropriate, that the city or library district no longer desires to be a part of the county free library system. The notice shall state whether the city or library district intends to acquire property pursuant to subdivision (c). The board of supervisors shall transmit a copy of the notice to the Los Angeles County Assessor or Riverside County Assessor, as appropriate, the Los Angeles County Auditor or Riverside County Auditor, as appropriate, and the State Board of Equalization. (2) The legislative body of a city or the board of trustees of a library district in which a withdrawal from the county free library system in Los Angeles County or Riverside County becomes effective on or after January 1, 2012, shall comply with the requirements of Section 19104.5 before entering into a contract to operate the city’s or the district’s library or libraries with a private contractor that will employ library staff to achieve cost savings, unless the library or libraries are funded only by the proceeds of a special tax imposed by the city or library district pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. (b) When a city or library district files a notice pursuant to subdivision (a), it shall remain a member of the county free library system until July 1 of the base year or the date on which property is transferred pursuant to subdivision (c), whichever date is later. Upon ceasing to be a member of the county free library system, the city or library district shall not participate in any benefits of the county free library system, and shall assume the responsibility for the provision of library services within its jurisdiction. Unless otherwise agreed by July 1 of the base year in writing by the Board of Supervisors of Los Angeles County or the Board of Supervisors of Riverside County, as appropriate, and the withdrawing city or library district, an amount of property tax revenue equal to the property tax revenues allocated to the county free library pursuant to Article 2 (commencing with Section 96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code in the fiscal year before the base year and that were derived from property situated within the boundaries of the withdrawing entity shall be allocated to and used to maintain library services by the withdrawing entity in the base year and, adjusted forward, in each fiscal year thereafter at the same time allocations are made pursuant to Article 2 (commencing with Section 96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. This subdivision shall not apply to property tax revenues that have been pledged to repay bonded indebtedness of the county free library system. (c) If there are one or more county library facilities within the territorial boundaries of the withdrawing entity at the time the withdrawing entity provides notice pursuant to subdivision (a), the withdrawing entity shall have the right to acquire any or all of those facilities from the county and the county shall, no later than July 1 of the base year, transfer to the withdrawing entity each facility to be acquired and the personal property therein related to the provision of library services. If the facility or personal property was purchased with bond proceeds or other forms of indebtedness, acquisition shall only take place if the withdrawing entity assumes any remaining indebtedness and in no way impairs the repayment thereof. If the withdrawing entity opts not to acquire any facilities or personal property, the county at its discretion may dispose of the facilities or personal property or convert the use of those facilities or personal property, including transferring collections and other personal property to other sites and converting facilities to other purposes. If the withdrawing entity opts to acquire any facilities or personal property, the acquisition prices shall be as follows unless otherwise provided for by statute or contract: (1) Each county library facility which, for purposes of this section, shall include the real property upon which the facility is located and any fixtures therein and shall not include computer systems and software, shall be transferred for the lesser of: (A) No cost, if the facility was donated to the county by the withdrawing entity. (B) The price paid to the withdrawing entity by the county for the facility, if the county bought the facility from the withdrawing entity. However, if the county constructed capital improvements to the facility after it was bought from the withdrawing entity, the county’s total out-of-pocket costs for the capital improvement excluding any costs for routine repairs, restoration, or maintenance, shall be added to the price. (C) The fair market value of the facility. However, if any portion of the facility was donated to the county by the withdrawing entity or if any moneys were donated by the withdrawing entity toward the county’s construction or acquisition of the facility or any portion thereof, the value of the donation shall be subtracted from the fair market value. (2) Any personal property within the facility related to the provision of library services, including books and resource materials, computer systems and software, furniture, and furnishings, shall be transferred for the lesser of: (A) No cost, if the property was donated to the county by the withdrawing entity. (B) The fair market value of the personal property. However, on or before the March 1 preceding the July 1 of the base year, the county librarian may designate collections of resource books and materials that are unique in, and integral to, the county free library system to be special collections. The special collections shall be acquired by the withdrawing entity only upon mutually agreeable terms and conditions. (d) If a facility transferred pursuant to subdivision (c) serves residents of surrounding jurisdictions, the board of supervisors governing the county free library system may require, as a condition of transferring the facility, that the library services provided by the withdrawing entity to its residents also be available on the same basis to the residents of the surrounding jurisdictions. However, if the withdrawing entity contributes to the provision of library services from other city funds, or through taxes, assessments, or fees of its residents, the withdrawing entity may provide additional services to its residents. If the requirement to provide regional services is imposed and, unless otherwise agreed in writing by the county and the withdrawing entity by July 1 of the base year, an amount of property tax revenues equal to the property tax revenues derived from property situated in the surrounding jurisdictions that were, in the fiscal year before the base year, allocated to the county free library system pursuant to Article 2 (commencing with Section 96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code shall be allocated to and used to maintain library services by the withdrawing entity in the base year and, adjusted forward, in each fiscal year thereafter at the same time other allocations are made pursuant to Article 2 (commencing with Section 96) of Chapter 6 of Part 0.5 of Division 1 of the Revenue and Taxation Code. This subdivision shall not apply to property tax revenues that have been pledged to repay bonded indebtedness. If a surrounding jurisdiction subsequently provides notice of its intent to withdraw from the county free library system pursuant to subdivision (a), on the date the surrounding jurisdiction ceases to participate in the benefits of the county free library system pursuant to subdivision (b), the withdrawing entity shall no longer be required to make library services available to the residents of the surrounding jurisdiction and property tax revenues derived from property situated in the surrounding jurisdiction shall no longer be allocated to the withdrawing entity pursuant to this subdivision. (e) For purposes of this section, the following terms are defined as follows: (1) “Base year” means the fiscal year commencing on the July 1 following the December 2 following the date of the notice given pursuant to subdivision (a) of this section. (2) “Fair market value” means: (A) Any value agreed upon by the withdrawing entity and the county. (B) If no agreement as to value is reached by the March 1 preceding the July 1 of the base year, the value assigned by an appraiser agreed upon by the withdrawing entity and the county. (C) If no agreement as to the appointment of an appraiser is reached pursuant to subparagraph (B) by the April 1 preceding the July 1 of the base year, the value assigned by an appraiser agreed upon between the withdrawing entity’s appraiser and the county’s appraiser. (D) If no agreement as to the appointment of an appraiser is reached pursuant to subparagraph (C) by the May 1 preceding the July 1 of the base year, the value assigned by a state-certified appraiser designated by the withdrawing entity. The designated appraiser shall provide the appraisal in writing to the county no later than the June 1 preceding the July 1 of the base year. (E) The withdrawing entity shall reimburse the county for any appraisal costs the county incurs in determining the fair market value pursuant to this section. (3) “Surrounding jurisdictions” means cities and library districts that are adjacent to the withdrawing entity and tax rate areas in unincorporated areas of the county that are wholly or partially within the withdrawing entity’s sphere of influence, that are within the county free library system, and that have no facility within their territorial boundaries providing library services at the time the withdrawing entity provides notice pursuant to subdivision (a). (Amended by Stats. 2013, Ch. 196, Sec. 2. (AB 583) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19140. Source version: id_d02eb5b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. Upon the establishment of a county free library, the board of supervisors shall appoint a county librarian. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19141. Source version: id_d02eb5b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. If any county adopts a civil service system or a limited civil service system for county officers and employees, the county librarian shall be entitled to the benefits of such civil service system. This section does not limit any powers conferred on any county by charter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19142. Source version: id_d02eb5bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. No person may be appointed to the office of county librarian on or after January 1, 1987, unless he or she possesses both of the following qualifications: (a) Graduation from a graduate library school program accredited by the American Library Association. (b) Demonstrated knowledge of principles and practices of public administration, including county government, and of the laws applicable to library service in this state. (Amended by Stats. 1986, Ch. 269, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19143. Source version: id_d02eb5bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. At the time of his or her appointment, the county librarian need not be a citizen of the State of California. (Amended by Stats. 1991, Ch. 52, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19145. Source version: id_d02eb5bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. The county librarian shall, prior to entering upon his duties, file the usual oath, and he shall be required to file an official bond in an amount determined by the board of supervisors, unless he is covered by a master bond pursuant to Section 1481 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19146. Source version: id_d0303c61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. The county librarian shall, subject to the general rules adopted by the board of supervisors, build up and manage, according to accepted principles of library management, a library for the use of the people of the county, and shall determine what books and other library equipment shall be purchased. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19147. Source version: id_d0303c63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. The salary of the county librarians shall be paid by each of the counties in equal monthly installments, at the same time and in the same manner and out of the same fund as the salaries of other county officers are paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19148. Source version: id_d0303c65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. The board of supervisors of a county over 400,000 population, as determined by the 1960 decennial census, maintaining a county free library may provide that the salary of the county librarian be paid from the same fund used for maintaining and operating the county free library. Nothing in this section shall be construed as modifying the status of the county librarian as a county official pursuant to Section 24000 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19149. Source version: id_d0303c67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. The county librarian and his assistant shall be allowed actual and necessary traveling expenses incurred on the business of the office. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 2. County Librarian [19140 - 19150] SECTION 19150. Source version: id_d0303c69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=2. Except when the county librarian is temporarily absent, no person shall serve in the position of county librarian under the title of acting county librarian, or assistant librarian in charge, or any other such title, unless the person meets the qualifications set forth in Section 19142. In the event qualified candidates for the position of the county librarian cannot be found, the county supervisors shall secure a written permission from the State Librarian to appoint an unqualified person to the position. This written permission may be granted by the State Librarian for a period of time up to but not exceeding one year. The State Librarian may from time to time in his or her discretion renew the permit. (Amended by Stats. 1986, Ch. 269, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19160. Source version: id_d031c30d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The county free library is under the general supervision of the board of supervisors, which may: (a) Make general rules and regulations regarding the policy of the county free library. (b) Establish, upon the recommendation of the county librarian, branches and stations throughout the county and may locate the branches and stations in cities wherever deemed advisable. (c) Determine the number and kind of employees of the library. (Amended by Stats. 1989, Ch. 406, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19167. Source version: id_d031c30f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The county free libraries are under the general supervision of the State Librarian, who shall from time to time, either personally or by one of his or her assistants, visit the county free libraries and inquire into their condition. The actual and necessary expenses of the visits shall be paid out of the moneys appropriated for the support of the California State Library. (Amended by Stats. 1987, Ch. 1452, Sec. 114.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19168. Source version: id_d031c311-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The State Librarian shall annually call a convention of county librarians, to assemble at such time and place as he deems most convenient, for the discussion of questions pertaining to the supervision and administration of the county free libraries, the laws relating thereto, and such other subjects affecting the welfare and interest of the county free libraries as are properly brought before it. All county librarians shall attend and take part in the proceedings of the convention. The actual and necessary expenses of the county librarians attending the convention shall be paid out of the county free library fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19169. Source version: id_d031c313-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The county librarian shall, on or before August 31st, in each year, report to the board of supervisors and to the State Librarian on the condition of the county free library, for the year ending June 30th preceding. The reports shall, in addition to other matters deemed expedient by the county librarian, contain such statistical and other information as is deemed desirable by the State Librarian. For this purpose the State Librarian may send to the several county librarians instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19171. Source version: id_d031c315-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The county board of supervisors of any county may in its discretion allocate and appropriate any funds received by the county under the State and Local Fiscal Assistance Act of 1972 (Public Law 92-512) for the purpose of establishing, maintaining, and purchasing property for the county free library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19173. Source version: id_d03349b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The board of supervisors may create special taxing zones within the territory of the county subject to taxation for county free library purposes for the purpose of levying special taxes within the zones when it is found by the board that the territory within the zones require special services or special facilities in addition to those provided generally by the county free library system and that the special tax levy is commensurate with the special benefits to be provided in the zones. Taxes levied pursuant to this section, together with taxes levied pursuant to Section 19170, shall not exceed the higher of the limit provided by Section 19170 or the applicable provisions of Section 2263 of the Revenue and Taxation Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19174. Source version: id_d03349b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The board of supervisors may receive, on behalf of the county, any gift, bequest, or devise for the county free library, or for any branch or subdivision of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19174.5. Source version: id_d03349bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. Notwithstanding any other provision of law, funds from the county general fund may be used to support the county free library. (Added by Stats. 1978, Ch. 331.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19175. Source version: id_d03349bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The title to all property belonging to the county free library is vested in the county. All laws applicable to the collection of county taxes shall apply to the collection of the taxes provided in Section 19170. All moneys of the county free library, whether derived from taxation or otherwise, shall be in the custody of the county treasurer. (Amended by Stats. 1994, Ch. 922, Sec. 32. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19176. Source version: id_d03349bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. Each claim against the county free library fund shall be authorized and approved by the county librarian, or in his absence from the county by his assistant. It shall then be acted upon in the same manner as other claims against the county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19177. Source version: id_d03349c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. In any county of this state where a law library exists under the provisions of Chapter 5 (commencing with Section 6300) of Division 3 of the Business and Professions Code, the board of supervisors of the county may enter into contracts, or agreements with the board of law library trustees of the law library for the cooperation of the law library and the county free library, and, in that connection, may contract or agree with the board of law library trustees of the law library that the county librarian and other employees of the county free library perform the duties required to be done or performed by the officers and employees of the law library for a compensation to be named in the contract or agreement, and to be paid into the county free library fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19178. Source version: id_d034d063-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The board of supervisors may accept on behalf of the county free library, all books and other property of school libraries and of the teachers’ library, and may manage and maintain them as a part of the county free library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19179. Source version: id_d034d065-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. Any county library which was established and existed on April 26, 1911, under the provisions of an act entitled “An act to provide county library systems,” approved April 12, 1909, is continued under the provisions of this chapter and shall be considered the same as if established under the provisions of this chapter. If a contract has been entered into between any county board of supervisors and any city pursuant to this article, the contract shall continue in force, and the provisions of Section 19112 shall be applicable thereto, until the establishment and equipment of a county free library under the provisions of this chapter, unless sooner terminated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 6. County Free Libraries [19100 - 19180] ARTICLE 3. Government [19160 - 19180] SECTION 19180. Source version: id_d034d067-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=6.&article=3. The board of supervisors of any county in which there has been established a county free library which does not serve the entire county may, on behalf of the county free library, construct, build, repair or refurnish buildings to be used for county free library purposes, payment for which may be made from the general fund of the county. If payment is made from the county’s general fund, the county auditor shall each fiscal year thereafter transfer from the county free library fund to the county’s general fund as a prior claim against the county free library fund for as many years as are determined by the board of supervisors but not to exceed 20, an equal annual installment in such amount that over the designated period of years the entire payment from the county’s general fund will be completely repaid. Payment of the costs of the construction of a county free library building may also be made from the employees retirement fund of a retirement system established under the authority of the County Employees Retirement Law of 1937 as an investment of that fund and under the conditions specified in that law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 1. General Provisions [19300 - 19307] SECTION 19300. Source version: id_d036570d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=1. The Legislature hereby declares that it is in the interest of the people and of the state that there be a general diffusion of knowledge and intelligence through the establishment and operation of public libraries. Such diffusion is a matter of general concern inasmuch as it is the duty of the state to provide encouragement to the voluntary lifelong learning of the people of the state. The Legislature further declares that the public library is a supplement to the formal system of free public education, and a source of information and inspiration to persons of all ages, and a resource for continuing education and reeducation beyond the years of formal education, and as such deserves adequate financial support from government at all levels. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 1. General Provisions [19300 - 19307] SECTION 19301. Source version: id_90cada1b-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=1. There is in the state government an agency known as the California State Library. (Amended by Stats. 2021, Ch. 666, Sec. 9. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 1. General Provisions [19300 - 19307] SECTION 19302. Source version: id_93a54a4d-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=1. The California State Library is under the control of an executive who shall be a technically trained librarian and shall be known as the “State Librarian.” (Amended by Stats. 2021, Ch. 666, Sec. 10. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 1. General Provisions [19300 - 19307] SECTION 19303. Source version: id_d0365713-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=1. The State Librarian shall be appointed by and hold office at the pleasure of the Governor, subject to confirmation by the Senate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 1. General Provisions [19300 - 19307] SECTION 19306. Source version: id_967f6c5f-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=1. The State Librarian shall nominate a Deputy State Librarian to be appointed by, and hold office at the pleasure of, the Governor. (Amended by Stats. 2021, Ch. 666, Sec. 11. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 1. General Provisions [19300 - 19307] SECTION 19307. Source version: id_fac3f61f-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=1. As used in this chapter, “public library” means any public library as defined in this code, or any county law library established pursuant to Chapter 5 (commencing with Section 6300) of Division 3 of the Business and Professions Code. (Added by Stats. 2015, Ch. 318, Sec. 2. (SB 711) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19320. Source version: id_995b3c21-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. The State Librarian may do all of the following: (a) Make rules and regulations, not inconsistent with law, for the government of the California State Library. (b) Appoint or employ civil service personnel as necessary to carry out the purposes of this chapter. (c) Sell or exchange duplicate copies of books. (d) Purchase and maintain materials and equipment as necessary to carry out California State Library programs and services consistent with well-established library standards. (e) Prescribe rules and regulations permitting persons other than Members of the Legislature and other state officers to have the use of books from the California State Library. (f) Collect and preserve statistics and other information pertaining to libraries, which shall be available to other libraries within the state applying for the information. (g) Establish, in the State Librarian’s discretion, deposit stations in various parts of the state, under the control of an officer or employee of the California State Library. A book shall not be kept permanently away from the main library, which may be required for official use. Books and other materials that are not required by law to be delivered to or filed with another agency from public libraries and other cultural heritage institutions of the state may be accepted for deposit, under agreements entered into by the State Librarian and the libraries or institutions concerned, whereby materials that should be preserved but are rarely used in the region may be stored and made available for use under the same conditions that apply to materials in the California State Library. Cultural heritage institutions include, but are not limited to, archives, galleries, historical societies, libraries, museums, and tribal nations. (h) Collect, preserve, and disseminate information regarding the history of the state, including materials that represent the stories of Californians in an equal, diverse, and inclusive manner. (i) Authorize the California State Library to serve as regional library for the blind and print disabled, in cooperation with the Library of Congress. (j) Give advisory, consultive, and technical assistance with respect to public libraries to librarians and library authorities, and assist all other authorities, state and local, in assuming their full responsibility for library services. (k) Authorize the California State Library to serve as the central reference and research library for the departments of state government and maintain adequate legislative reference and research library services for the Legislature, and to maintain and make accessible, through digital or physical means, the publications created by state government. (l) Acquire, organize, and supply books and other library informational and reference materials to supplement the collections of other public libraries of the state with the more technical, scientific, and scholarly works, to the end that through an established interlibrary loan system, the people of the state shall have access to the full range of reference and informational materials. (m) Make studies and surveys of public library needs and adopt rules and regulations for the allocation of federal funds to public libraries. (n) Contract, at the State Librarian’s discretion, with other public libraries in the state to give public services of the types referred to in subdivisions (g) and (l), when service by contract appears to be a needed supplement to the facilities and services carried on directly by the California State Library. (o) Digitally preserve books and other physical materials and provide a digital platform to expand access to the California State Library’s collection. (Amended by Stats. 2021, Ch. 666, Sec. 12. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19320.5. Source version: id_9c47d4c3-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. The State Librarian may employ consultants to provide technical assistance to public libraries in the development and enhancement of library services. (Amended by Stats. 2021, Ch. 666, Sec. 13. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19321. Source version: id_9f2f6455-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. The State Librarian shall also do all of the following: (a) Purchase books, maps, engravings, paintings, furniture, and other materials and equipment necessary to carry out California State Library programs and services. (b) Number and stamp all books and maps belonging to the library, or otherwise indicate ownership of them, and keep a catalog thereof. (c) Have bound all books and papers that require binding. (d) Keep a register of all books taken from the library. (Amended by Stats. 2021, Ch. 666, Sec. 14. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19322. Source version: id_a20a70c7-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. The State Librarian may do both of the following: (a) Contract directly with counties, cities, or districts within this state, agencies of the state, and agencies of the United States government for the purpose of providing library services. (b) Establish and operate library service centers. (Amended by Stats. 2021, Ch. 666, Sec. 15. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19323. Source version: id_a4e3a879-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. The State Librarian shall make available in the state on a loan basis to blind or print disabled persons, or to persons with a disability that prevents them from reading conventional printed materials, audio recordings of books and other related materials. The materials to be made into audio recordings shall be selected by the California State Library on the same basis as the California State Library’s collection development plan, which shall be posted on the California State Library’s internet website. (Amended by Stats. 2021, Ch. 666, Sec. 16. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19324. Source version: id_a7bda37b-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. The State Librarian may consider for rendering into embossed braille any print books and other materials, excluding textbooks, requested by an eligible patron with print disabilities. Consideration of the patron’s request shall be dependent upon available staffing, resources, and technical proficiency at the time of the request. Books and other materials rendered into embossed braille pursuant to this section may be placed in the California State Library’s circulating collection for use by all patrons with print disabilities. (Amended by Stats. 2021, Ch. 666, Sec. 17. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19325. Source version: id_aa9d91ed-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. The State Librarian may provide the following: (a) Toll-free and local telephone services for registered patrons of the federally designated regional libraries for the blind and print disabled, in order to enable those persons to have direct patron access to library services. (b) Toll-free and local telephone access to telephonic reading systems for individuals with print disabilities who are registered patrons of the federally designated regional libraries for the blind and print disabled. (Amended by Stats. 2021, Ch. 666, Sec. 18. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19325.1. Source version: id_3e225cfd-fccb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. (a) The State Librarian may operate a telephonic reading system, fund the operation of telephonic reading systems operated by qualifying entities, or both. (b) Pursuant to an appropriation in the annual Budget Act and in accordance with Section 270 of the Public Utilities Code, the telephonic reading system is to be funded from the Deaf and Disabled Telecommunications Program Administrative Committee Fund. (c) As used in this section, the following terms have the following meanings, unless otherwise indicated: (1) “Telephonic reading system” means a system operated by the State Librarian or a qualifying entity, whereby a caller can hear the reading of material such as newspapers, magazines, newsletters, broadcast media schedules, transit route and schedule information, and other reference or time-sensitive materials, as determined by the operator of the system. (2) “Qualifying entity” means any agency, instrumentality, or political subdivision of the state or any nonprofit organization whose primary mission is to provide services to people who are blind or visually impaired. (d) Qualifying entities that were eligible, as of January 1, 2001, to receive funds from the State Librarian relating to the operation of a telephonic reading system may continue to receive funding from the State Librarian. (e) The State Librarian, in cooperation with qualifying entities, may expand the type and scope of materials available on telephonic reading systems in order to meet the local, regional, or world language needs of print-disabled residents of this state. The State Librarian may also expand the scope of services and availability of telephonic reading services by current methods and technologies or by methods and technologies that may be developed. The State Librarian may inform current and potential patrons of the availability of telephonic reading service through appropriate means, including, but not limited to, direct mailings, direct telephonic contact, and public service announcements. (f) The State Librarian may enter into contracts or other agreements that he or she determines to be appropriate to provide telephonic reading services pursuant to this section. (Amended by Stats. 2018, Ch. 865, Sec. 3. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19326. Source version: id_ad7cbd0f-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. (a) The State Librarian may annually award a gold medal for excellence in the humanities and science to an individual or organization for publication of a work that has enriched the collection of the California State Library and enriched the state by significantly contributing to the intellectual, cultural, and scientific knowledge of the people of the state. (b) The award shall formally be known as the “California State Library Gold Medal for Excellence in the Humanities and Science.” (c) To assist in making the selection of a recipient of the California State Library Gold Medal for Excellence in the Humanities and Science, the State Librarian shall consult an advisory panel consisting of one representative from each of the following: (1) The Governor. (2) The President pro Tempore of the Senate. (3) The Speaker of the Assembly. (4) The Chief Justice of the California Supreme Court. (d) The State Librarian may seek private contributions to defray the cost of awarding the California State Library Gold Medal for Excellence in the Humanities and Science and related expenses. (Amended by Stats. 2021, Ch. 666, Sec. 19. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19327. Source version: id_d03aeb0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. (a) In order to protect and preserve valuable and irreplaceable treasures of the state, the State Librarian may enter into an operating agreement with a private, nonprofit, tax-exempt organization, currently known as the California State Library Foundation, as follows: (1) The California State Library Foundation may be designated by the State Librarian as the only authorized provider of copies and reproductions of rare and valuable State Library materials. (2) The California State Library Foundation may be authorized by the State Librarian to provide copies and reproductions of documents and other information found in the collection of the State Library, as requested by members of the public. (3) The California State Library Foundation may be authorized by the State Librarian to use State Library facilities and equipment designated by the State Librarian as necessary for the California State Library Foundation to provide services to the State Library efficiently and economically. (b) The State Librarian may establish an agreement with the California State Library Foundation to collect fees from the public for providing the services specified in subdivision (a). Fees for copying, reproduction, and other services provided by the California State Library Foundation shall be at a level consistent with the cost of providing these services. (Added by Stats. 1996, Ch. 213, Sec. 2. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 2. Powers and Duties [19320 - 19328] SECTION 19328. Source version: id_d03aeb0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=2. (a) The Legislature hereby finds and declares that Bernard E. Witkin’s legendary contribution to California law is deserving of a lasting tribute and an expression of gratitude from the state whose legal system, he, more than any other single individual in the 20th century, helped to shape. (b) The law library of the California State Library, located in the Library and Courts Building in the City and County of Sacramento, is hereby designated as the Bernard E. Witkin State Law Library of California. (c) The State Librarian, in cooperation with the Department of General Services, may install appropriate plaques and markers showing this special designation upon receiving donations from nonstate resources to cover any costs. (Added by Stats. 1997, Ch. 411, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 3. Books [19330 - 19334] SECTION 19330. Source version: id_b0570631-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=3. Books may be taken from the California State Library by the Members of the Legislature and by other state officers during regular office hours. (Amended by Stats. 2021, Ch. 666, Sec. 20. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 3. Books [19330 - 19334] SECTION 19331. Source version: id_d03c71b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=3. The Controller, when notified by the State Librarian that any officer or employee of the state for whom he or she draws a warrant for salary has failed to return any book taken by him or her, or for which he or she has given an order, within the time prescribed by the rules, or the time within which it was agreed to be returned, and which notice shall give the value of the book, shall, after first informing the officer or employee of the notice, upon failure by him or her to return the book, deduct from the warrant for the salary of the officer or employee, twice the value of the book, and place the amount deducted in the General Fund. (Amended by Stats. 1987, Ch. 1452, Sec. 122.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 3. Books [19330 - 19334] SECTION 19332. Source version: id_d03c71b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=3. In case of the neglect or refusal on the part of any officer or employee of the state to return a book for which he or she has given an order or a receipt or has in his or her possession, the State Librarian may purchase for the library a duplicate of the book, and notify the Controller of the purchase, together with the cost of the book. Upon the receipt of the notice from the department, the Controller shall deduct twice the cost of the duplicate book from the warrant for the salary of the officer or employee, and place the amount deducted in the General Fund. (Amended by Stats. 1987, Ch. 1452, Sec. 123.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 3. Books [19330 - 19334] SECTION 19333. Source version: id_d03c71b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=3. The State Librarian may bring suit in his or her official capacity for the recovery of any book, or for three times the value thereof, together with costs of suit, against any person who has the book in his or her possession or who is responsible therefor. If the department has purchased a duplicate of any book, it may bring suit for three times the amount expended for the duplicate, together with costs of suit. (Amended by Stats. 1987, Ch. 1452, Sec. 124.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 3. Books [19330 - 19334] SECTION 19334. Source version: id_d03c71b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=3. Every person who injures or fails to return any book taken is liable in three times its value. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 4. Reading Initiative Program [19335 - 19336] SECTION 19335. Source version: id_d03df85d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=4. This act shall be known and may be cited as the Reading Initiative Program. (Added by Stats. 1994, Ch. 787, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 4. Reading Initiative Program [19335 - 19336] SECTION 19336. Source version: id_d03df85f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=4. The State Librarian shall establish the Reading Initiative Program with funds appropriated for that purpose and with funds received from private sources. The State Librarian shall administer the program, for which purpose he or she shall do all of the following: (a) Develop a list of recommended books, in consultation with various groups, including, but not limited to, teachers, librarians, parents, writers, publishers, and employees of the State Department of Education. The recommended books shall supplement the state-recommended English/language arts curriculum framework, and shall include recreational reading selections for children. (b) Develop a method of involving pupils enrolled in kindergarten and grades 1 to 12, inclusive, in the program and an appropriate form of recognition for pupils who volunteer to participate in the program and who succeed in the program. Rewards and related recognition activities shall be funded with amounts received from private sources. (c) To the extent private funds are available, and consistent with subdivision (b), expend private funds received by the State Librarian for the purposes of this article to obtain and make available to the public the books on the list developed pursuant to subdivision (a) . (Amended by Stats. 1996, Ch. 124, Sec. 19. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 5. Local Public Library Partnership Program [19340 - 19345] SECTION 19340. Source version: id_8b45f623-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=5. The Local Public Library Partnership Program is hereby established under the administration of the State Librarian for purposes of ensuring that, by third grade, all pupils have access to a local public library. (Added by Stats. 2023, Ch. 598, Sec. 2. (SB 321) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 5. Local Public Library Partnership Program [19340 - 19345] SECTION 19341. Source version: id_221dea82-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=5. For purposes of this article, the following definitions apply: (a) “Local educational agency” means a school district, county office of education, or charter school. (b) (1) “Local public library” means a public library formed pursuant to this part that is located within the elementary school attendance area in which a schoolsite of a local educational agency is located. (2) If no public library is located within the elementary school attendance area in which a schoolsite of a local educational agency is located, the closest public library formed pursuant to this part that is within the elementary or unified school district in which a schoolsite is located shall be considered the local public library. (3) If no public library is located within the elementary or unified school district in which a schoolsite of a local educational agency is located, the closest public library formed pursuant to this part that is within the county in which a schoolsite is located shall be considered the local public library. (c) “Student success card” means a card issued by a local public library that provides access to library services, including, but not limited to, all of the following: (1) Collections that support school curriculum as well as pupil leisure reading, online research, and learning resources maintained by local public libraries and the California State Library. (2) Online tutoring, where available. (3) Digital content from the California State Library’s K–12 Online Resources Project. (Amended by Stats. 2024, Ch. 471, Sec. 8. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 5. Local Public Library Partnership Program [19340 - 19345] SECTION 19342. Source version: id_24b955e4-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=5. (a) The State Librarian shall offer resources to assist each local public library to find student success card dispensing strategies that work best for their communities. (b) The State Librarian shall coordinate with each local public library to determine the most effective means to ensure each pupil in each local educational agency is provided with the opportunity to obtain a student success card by third grade, including, but not limited to, by working with a school administrator or school librarian. (c) On or before January 1, 2026, the State Librarian shall ensure that partnerships between local public libraries and local educational agencies have been established to enable each pupil enrolled at a schoolsite of each local educational agency to be provided with the opportunity to obtain a student success card by third grade. (Amended by Stats. 2024, Ch. 471, Sec. 9. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 5. Local Public Library Partnership Program [19340 - 19345] SECTION 19343. Source version: id_274fdf46-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=5. (a) Notwithstanding Section 10231.5 of the Government Code, the State Librarian shall, on or before January 1, 2029, and by each January 1 thereafter, report to the Legislature all of the following information: (1) The number of third grade pupils who have obtained a student success card. (2) The number of third grade pupils who received local public library access as a result of the partnerships developed pursuant to this article. (3) The number of new summer readers each local public library received during the summer months each year. (4) Any measurable increases to the use of other library resources as a result of the partnerships developed pursuant to this article. (b) A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 471, Sec. 10. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 5. Local Public Library Partnership Program [19340 - 19345] SECTION 19344. Source version: id_29deee98-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=5. Consistent with Section 99.37 of Title 34 of the Code of Federal Regulations, a local educational agency may disclose directory information, as defined in Section 49061, to the State Librarian and a local public library for purposes of administering this article. The information shall not be used for any other purpose or given or transferred to any other person or agency. (Amended by Stats. 2024, Ch. 471, Sec. 11. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 5. Local Public Library Partnership Program [19340 - 19345] SECTION 19345. Source version: id_8b461d3d-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=5. Nothing in this chapter shall be construed to prohibit a local public library from partnering with a local educational agency to issue student success cards to pupils in kindergarten or any of grades 1 to 12, inclusive. (Added by Stats. 2023, Ch. 598, Sec. 2. (SB 321) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 6. Statewide Imagination Library Program [19350 - 19354] SECTION 19350. Source version: id_12d5619c-4411-11ed-97fb-318db5d23188 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=6. The Statewide Imagination Library Program is hereby established under the administration of the State Librarian for purposes of developing, implementing, promoting, and fostering a comprehensive statewide initiative for encouraging children from birth to five years of age, inclusive, to develop a love of reading and learning. (Added by Stats. 2022, Ch. 992, Sec. 1. (SB 1183) Effective September 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 6. Statewide Imagination Library Program [19350 - 19354] SECTION 19351. Source version: id_12d5619e-4411-11ed-97fb-318db5d23188 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=6. (a) There is hereby created in the State Treasury a fund which shall be known as the Imagination Library of California Fund. Notwithstanding Section 13340 of the Government Code, all moneys deposited in the fund, including state General Fund appropriations, public or private bequeaths, donations, gifts, or grants, and any federal funds, are continuously appropriated to the California State Library for purposes of this article. (b) Moneys from the fund shall be used to provide age-appropriate books on a monthly basis, at home, to each child registered in the program, from birth to their fifth birthday, inclusive, at no cost to families, through Dolly Parton’s Imagination Library. (c) (1) Moneys from the fund shall be allocated to qualified local entities that agree to a dollar-for-dollar match for purposes of the program. (2) Notwithstanding paragraph (1), the State Librarian may waive the dollar-for-dollar match requirement for a qualified local entity on a case-by-case basis to prevent undue financial hardship. (d) For purposes of this section, “qualified local entity” means any existing or new local Dolly Parton’s Imagination Library affiliate. (Added by Stats. 2022, Ch. 992, Sec. 1. (SB 1183) Effective September 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 6. Statewide Imagination Library Program [19350 - 19354] SECTION 19352. Source version: id_12d588b0-4411-11ed-97fb-318db5d23188 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=6. The State Librarian shall coordinate with a nonprofit entity, qualified under Section 501(c)(3) of the Internal Revenue Code, and organized solely to promote and encourage reading by the children of the state, for the purpose of implementing this article. (Added by Stats. 2022, Ch. 992, Sec. 1. (SB 1183) Effective September 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 6. Statewide Imagination Library Program [19350 - 19354] SECTION 19353. Source version: id_12d588b2-4411-11ed-97fb-318db5d23188 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=6. The State Librarian shall do all of the following: (a) Promote the statewide development of local Dolly Parton’s Imagination Library programs. (b) Advance and strengthen local Dolly Parton’s Imagination Library programs with the goal of increasing enrollment. (c) Recruit volunteers to assist in the development, promotion, and coordination of the programs. (d) Solicit donations, gifts, and other funding to financially support local Dolly Parton’s Imagination Library programs. (e) Develop community engagement. (f) Develop, promote, and coordinate a public awareness campaign to make donors aware of the opportunity to donate to the affiliate programs and make the public aware of the opportunity to register eligible children to receive books through the program. (g) Administer the local match requirement and coordinate the collection and remittance of local program costs for books and mailing. (h) Develop statewide marketing and communication plans. (i) (1) Notwithstanding Section 10231.5 of the Government Code, report to the Legislature, by January 1, 2028, and annually thereafter, on all of the following: (A) The deposits made to, and expenditures made from, the Imagination Library of California Fund. (B) Whether any local match requirements were waived. (C) How many local programs exist, where they are located, and which entity or organization serves as the local partner. (D) How many children are enrolled and how many books have been sent to enrolled children. (2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 992, Sec. 1. (SB 1183) Effective September 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 7. California State Library [19300 - 19354] ARTICLE 6. Statewide Imagination Library Program [19350 - 19354] SECTION 19354. Source version: id_12d588b4-4411-11ed-97fb-318db5d23188 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=7.&article=6. The California State Library may promulgate regulations as may be needed for the administration of the Statewide Imagination Library Program. (Added by Stats. 2022, Ch. 992, Sec. 1. (SB 1183) Effective September 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 1. Formation, Annexation, Dissolution [19400 - 19407] SECTION 19400. Source version: id_d03f7f05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=1. A library district may be organized, as provided in this chapter. The library district may establish, equip, and maintain a public library for the dissemination of knowledge of the arts, sciences, and general literature and may exercise the powers granted or necessarily implied pursuant to this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 1. Formation, Annexation, Dissolution [19400 - 19407] SECTION 19401. Source version: id_d03f7f07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=1. The library district may include incorporated or unincorporated territory, or both, in any one or more counties, so long as the territory of the district consists of contiguous parcels and the territory of no city is divided. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 1. Formation, Annexation, Dissolution [19400 - 19407] SECTION 19402. Source version: id_d03f7f09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=1. Whenever the formation of a library district is desired, a petition which may consist of any number of instruments, may be presented at a regular meeting of the board of supervisors of the county in which is located the largest proportionate value of the lands within the proposed district as shown by the last equalized county assessment roll. The petition shall specify whether the proposed library district shall be governed by a three-member board of library trustees or by a five-member board of library trustees. The board of supervisors to whom the petition is presented is designated in this chapter as the supervising board of supervisors. (Amended by Stats. 1982, Ch. 354, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 1. Formation, Annexation, Dissolution [19400 - 19407] SECTION 19403. Source version: id_d03f7f0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=1. The petition shall be signed by registered voters residing within the proposed library district equal in number to at least 5 percent of the number of votes cast in the territory comprising the proposed district at the last preceding general state election at which a Governor was elected. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 1. Formation, Annexation, Dissolution [19400 - 19407] SECTION 19404. Source version: id_d03f7f0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=1. The proceedings for the filing and hearing of the petition are governed and controlled by the provisions of Sections 58032, 58033, 58034, 58060, and 58061 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 1. Formation, Annexation, Dissolution [19400 - 19407] SECTION 19405. Source version: id_d03f7f0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=1. The proceedings for final hearing of the petition and the formation of the district are governed and controlled by the provisions of Article 4 (commencing with Section 58090), Article 5 (commencing with Section 58130), and Article 7 (commencing with Section 58200) of Chapter 1 of Title 6 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 1. Formation, Annexation, Dissolution [19400 - 19407] SECTION 19406. Source version: id_d04105b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=1. On the filing of written protests by registered voters residing in the proposed district equal in number to at least 50 percent of the number of votes cast in the territory comprising the proposed district at the last preceding general state election at which a Governor was elected, the proceeding for the formation of the district shall be terminated as provided in Sections 58103 and 58104 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 1. Formation, Annexation, Dissolution [19400 - 19407] SECTION 19407. Source version: id_d04105b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=1. No library district including territory in more than one county shall be organized under this chapter without the concurrent consent by resolution of each board of supervisors involved, as well as the consent of the governing body of each city to be included. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19420. Source version: id_d04105b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. Within 30 days after the filing with the clerk of the board of supervisors or county board of supervisors of the resolution declaring the organization of the district, the supervising board of supervisors shall appoint the required number of library trustees from the district at large. (Amended by Stats. 2002, Ch. 221, Sec. 12. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19421. Source version: id_d04105b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. The governing board of the district shall be called “the Board of Library Trustees of ____ Library District” (inserting the name of the particular district). (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19422. Source version: id_d04105bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. The trustee shall hold office for the term of four years beginning on the last Friday in November next succeeding their appointment or election. (Amended by Stats. 1978, Ch. 1376.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19423. Source version: id_d04105bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. The first board of library trustees appointed or elected in a district shall at their first meeting so classify themselves by lot that their terms shall expire: (a) For three-member boards, one on the last Friday in November of the first odd-numbered calendar year next succeeding his or her appointment or election, and two on the last Friday in November of the second succeeding odd-numbered calendar year. (b) For five-member boards, two on the last Friday in November of the first odd-numbered calendar year next succeeding his or her appointment or election, and three on the last Friday in November of the second succeeding odd-numbered calendar year. (Amended by Stats. 1987, Ch. 56, Sec. 38.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19424. Source version: id_d0428c5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. At its first meeting called after the original appointment of the board, and annually thereafter at its first meeting called after the last Friday in November in odd-numbered years, the board shall organize by electing one of its number president, and another one of its number secretary. They shall serve as such for one year or until their successors are elected and qualified. (Amended by Stats. 1978, Ch. 1376.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19425. Source version: id_d0428c61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. The board shall cause a proper record of its proceedings to be kept, and at the first meeting of the board of trustees of the library district, it shall immediately cause to be made out and filed with the State Librarian a certificate showing that the library district has been established, with the date thereof, the names of the trustees, and the officers of the board chosen for the current fiscal year. (Amended by Stats. 1987, Ch. 1452, Sec. 125.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19426. Source version: id_d0428c63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. A vacancy in the board of library trustees shall be filled for the unexpired term by appointment of the supervising board of supervisors. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19427. Source version: id_d0428c65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. Each library trustee shall hold office until his successor is elected and qualified. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19428. Source version: id_d0428c67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. The board of library trustees shall meet at least once a month, at such time and place as it may fix by resolution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19429. Source version: id_d0428c69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. Special meetings may be called at any time, as follows: (a) A special meeting of a three-member board of library trustees may be called by two trustees, by written notices served upon each member at least 12 hours before the time specified for the meeting. (b) A special meeting of a five-member board of library trustees may be called by three trustees, by written notices served upon each member at least 12 hours before the time specified for the meeting. (Amended by Stats. 1982, Ch. 354, Sec. 4.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19430. Source version: id_d0428c6b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. (a) For three-member boards, two members constitute a quorum for the transaction of business. (b) For five-member boards, three members constitute a quorum for the transaction of business. (Amended by Stats. 1982, Ch. 354, Sec. 5.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19431. Source version: id_d0428c6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. A proposal to increase the number of seats on the board of library trustees from three to five may be initiated in either of the following alternative ways: (a) By a petition signed by registered voters residing within the library district equal in number to at least 5 percent of the total number of votes cast in the library district at the last preceding general state election at which a Governor was elected, and filed with the supervising board of supervisors of the library district. (b) By a resolution adopted by the board of trustees and filed with the supervising board of supervisors. (Added by Stats. 1982, Ch. 354, Sec. 6.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 2. Trustees [19420 - 19432] SECTION 19432. Source version: id_d044130f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=2. (a) The supervising board of supervisors, at its option, may conduct a public hearing on a petition or resolution filed pursuant to Section 19431. Notice of the hearing shall be published pursuant to Sections 6060 and 6061. At the hearing, any interested person shall be given an opportunity to present his or her views on the proposal. At the conclusion of the hearing, the supervising board of supervisors may increase the board of library trustees to a five member board. (b) If the board of library trustees is increased from three to five members, the supervising board of supervisors shall appoint the two additional trustees from the district at large, and the trustees shall classify themselves by lot so that their terms shall expire as provided in subdivision (b) of Section 19423. (Added by Stats. 1982, Ch. 354, Sec. 7.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19460. Source version: id_d0441313-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall make and enforce all rules, regulations, and bylaws necessary for the administration, government, and protection of the library under its management, and all property belonging to the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19460.5. Source version: id_06fa49d7-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19461. Source version: id_d04599b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall administer any trust declared or created for the library, and received by gift, devise, or bequest, and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19462. Source version: id_d04599b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall prescribe the duties and powers of the librarian, secretary, and other officers and employees of the library, determine the number of and appoint all officers and employees, and fix their compensation. The officers and employees shall hold their offices and positions at the pleasure of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19463. Source version: id_d04599b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall purchase necessary books, journals, publications, and other personal property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19464. Source version: id_d04599bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall purchase real property, and erect or rent and equip, such buildings or rooms, as in its judgment are necessary properly to carry out the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19465. Source version: id_d04599bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall require the Secretary of State and other state officials to furnish the library with copies of any and all reports, laws, and other publications of the state not otherwise disposed of by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19466. Source version: id_d04599bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall borrow books from, lend books to, and exchange books with other libraries, and may allow nonresidents of the district to borrow books upon such conditions as the board may prescribe. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19467. Source version: id_d0471f61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall borrow money, give security therefor, purchase on contract, and do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19468. Source version: id_d0471f63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall file, through the librarian, on or before the last day of August of each year, a report with the State Librarian at Sacramento giving the condition of its library and the number of volumes contained therein on the 30th day of June preceding. The report shall, in addition to other matters deemed expedient by the board of trustees or the district librarian, contain such statistical and other information as is deemed desirable by the State Librarian. For this purpose the State Librarian may send to the several district librarians instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19469. Source version: id_d0471f65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees shall designate the hours during which the library shall be open for the use of the public. (Amended by Stats. 1982, Ch. 354, Sec. 8.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19470. Source version: id_d0471f67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. Annually, at least 15 days before the first day of the month in which county taxes are levied, the board of library trustees of each library district shall furnish to the board of supervisors of the county in which the district or any part thereof is situated, an estimate in writing of the amount of money necessary for all purposes required under this chapter during the next ensuing fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19473. Source version: id_d0471f69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The tax shall be computed, entered upon the tax rolls, and collected in the same manner as county taxes are computed, entered, and collected. All money collected shall be paid into the county treasury to the credit of the particular library district fund and shall be paid out on the order of the district board, signed by the president and secretary. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19475. Source version: id_d0471f6b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. All money acquired by gift, devise, bequest, or otherwise, for the purposes of the library, shall be paid into the county treasury to the credit of the library fund of the district, subject only to the order of the library trustees of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19476. Source version: id_d0471f6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. If the payment into the treasury is inconsistent with the terms or conditions of any gift, devise, or bequest, the board of library trustees shall provide for the safety and preservation of the fund, and the application thereof to the use of the library, in accordance with the terms and conditions of the gift, devise, or bequest. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19477. Source version: id_d048a60f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. Upon the receipt by the county auditor of an order of the library trustees of the district, he shall issue his warrant upon the county treasurer for the amount stated in the order. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19478. Source version: id_d048a611-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. When any warrant is presented to the treasurer for payment and it is not paid for want of funds, the treasurer shall endorse thereon “not paid for want of funds” with the date of presentation and sign his name thereto, and from that time the warrant bears interest at the rate of 6 percent per annum until it is paid or until funds are available for its payment and the county treasurer gives notice to the warrant holder that funds are available for the payment. The giving of the notice is deemed complete upon deposit thereof in the United States mail in a sealed envelope addressed to the warrant holder at his address given by him at the time of presentation of the warrant to the treasurer, with postage thereon fully prepaid and registered. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19479. Source version: id_d048a613-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. Every library established under this chapter shall be forever free to the inhabitants and nonresident taxpayers of the library district, subject always to such rules, regulations, and bylaws as may be made by the board of library trustees. For violation of any rule, regulation, or bylaw a person may be fined or excluded from the privileges of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19480. Source version: id_d048a615-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The title to all property acquired for the purposes of the library, when not inconsistent with the terms of its acquisition, or not otherwise designated, vests in the district in which the library is or is to be situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19481. Source version: id_d048a617-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. Every library district shall be designated by the name and style of ____ Library District (using the name of the district) of ____ County (using the name of the county or counties in which the district is situated). In that name the trustees may sue and be sued, and may hold and convey property for the use and benefit of the district. A number shall not be used as a part of the designation of any library district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19482. Source version: id_d048a619-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. The board of library trustees and the boards of trustees of neighboring library districts, or the governing bodies of neighboring cities, or boards of supervisors of counties in which public libraries are situated, may contract to lend the books of libraries created under this chapter to residents of the counties, neighboring cities, or library districts, upon a reasonable compensation to be paid by the counties, neighboring cities, or library districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 3. Powers [19460 - 19483] SECTION 19483. Source version: id_d04a2cbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=3. Anything in Sections 19100 to 19179, inclusive, to the contrary, notwithstanding, the property in any library district created under this chapter subsequent to the establishment of a county free library is subject to taxation for county free library purposes as though the library district had not been created. This section shall not apply to any adjustments in property tax allocations made pursuant to Section 19116. (Amended by Stats. 1996, Ch. 522, Sec. 2. Effective January 1, 1997. Operative July 1, 1997, by Sec. 7 of Ch. 522.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 4. Claims [19500- 19500.] SECTION 19500. Source version: id_d04a2cbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=4. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 5. Biennial Election of Trustees [19510 - 19515] SECTION 19510. Source version: id_d04bb363-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=5. An election shall be held biennially in each library district for the election of one or more library trustees who shall hold office for four years beginning on the last Friday in November next succeeding his election. This election shall be held in the district on the same day as the school district election as specified in Section 5000 in the odd-numbered years. Trustees shall be nominated in the manner prescribed in Section 5012. (Amended by Stats. 1978, Ch. 1376.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 5. Biennial Election of Trustees [19510 - 19515] SECTION 19511. Source version: id_d04bb365-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=5. To be qualified to vote at any library district election a person shall be registered to vote in the library district, at least 29 days before the election. (Amended by Stats. 1978, Ch. 1376.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 5. Biennial Election of Trustees [19510 - 19515] SECTION 19514. Source version: id_d04bb367-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=5. If pursuant to Section 5327 a district election is not held, the board of supervisors of the county in which the district, or the largest part thereof in area, is situated shall at its next regular meeting appoint to the positions of trustee those persons nominated, and such persons shall qualify, take office, and serve exactly as if elected at a general district election. If no person has been nominated, the board of supervisors shall appoint any qualified voter of the district to the position. (Amended by Stats. 1979, Ch. 334.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 5. Biennial Election of Trustees [19510 - 19515] SECTION 19515. Source version: id_d04bb369-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=5. Except as otherwise provided in this article, Chapter 3 (commencing with Section 5300) of Part 4 of this division shall govern and control the conduct of elections pursuant to this chapter. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19520. Source version: id_d04d3a0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. The board of trustees of any library district may, when in their judgment it is deemed advisable, and shall, upon a petition of 50 or more taxpayers and residents of the library district, call an election and submit to the electors of the district, the proposition of whether the bonds of the district will be issued and sold for the purpose of raising money for any or all of the following: (a) The purchase of suitable lots. (b) Procuring plans and specifications and erecting a suitable building. (c) Furnishing and equipping the building and fencing and ornamenting the grounds, for the accommodation of the public library. (d) Any or all of the purposes of this chapter. (e) Liquidating any indebtedness incurred for the purposes. (f) Refunding any outstanding valid indebtedness, evidenced by bonds or warrants of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19521. Source version: id_d04d3a0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. The bond election shall be called and conducted and the results thereof canvassed, returned, and declared in the manner provided in Chapter 3 (commencing with Section 5300) of Part 4 of this division. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19522. Source version: id_d04d3a11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. The board of trustees shall set forth in the resolution calling for a bond election the amount and denomination of the bonds, the rate of interest, and the number of years that all or any part of the bonds are to run. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19524. Source version: id_d04d3a13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. If it appears that two-thirds of the votes cast at the election were cast in favor of issuing the bonds, the board shall enter the fact upon its minutes and shall certify all the proceedings to the supervising board of supervisors. Thereupon the board of supervisors shall issue the bonds of the district, in the number and amount provided in the proceedings, and the district shall be named on the bonds. The bonds shall be paid out of the building fund of the district. The money for the redemption of the bonds and the payment of interest thereon shall be raised by taxation upon the taxable property in the district. (Amended by Stats. 1987, Ch. 1452, Sec. 127.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19525. Source version: id_d04d3a15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. The total amount of bonds issued shall not exceed 5 percent of the assessed value of the property of the district, prior to the 1980–81 fiscal year and shall not exceed 1.25 percent of the assessed value of the district beginning after the 1981–82 fiscal year, as shown by the last equalized assessment roll of the county or counties in which the district is situated. (Amended by Stats. 1980, Ch. 1208, Sec. 30.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19526. Source version: id_d04d3a17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. The supervising board of supervisors by an order entered upon its minutes shall prescribe the form of the bonds and of the interest coupons attached thereto, and shall fix the time when the whole or any part of the principal of the bonds shall be payable, which shall not be more than 40 years from the date thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19527. Source version: id_d04d3a19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. The bonds shall not bear a greater amount of interest than 6 percent, to be payable annually or semiannually. The bonds shall be sold in the manner prescribed by the board of supervisors, but for not less than par, and the proceeds of the sale thereof shall be deposited in the county treasury to the credit of the building fund of the library district, and shall be drawn out for the purposes for which the bonds were issued as other library money is drawn out. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19528. Source version: id_d04ec0bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. The board of supervisors of each county in which any part of the district is situated, at the time of making the levy of taxes for county purposes, shall levy a tax for that year upon the taxable property in the district, at the equalized assessed value thereof for that year, for the interest and redemption of the bonds. The tax shall not be less than sufficient to pay the interest of the bonds for that year, and such portion of the principal as is to become due during the year. In any event the tax shall be high enough to raise, annually, for the first half of the term the bonds are to run, a sufficient sum to pay the interest thereon, and during the balance of the term, high enough to pay the annual interest and to pay, annually, a proportion of the principal of the bonds equal to a sum produced by taking the whole amount of the bonds outstanding and dividing it by the number of years the bonds then have to run. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19529. Source version: id_d04ec0bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. All money levied, when collected, shall be paid into the county treasury to the credit of the library district, and shall be used for the payment of principal and interest on the bonds, and for no other purpose. The principal and interest on the bonds shall be paid by the county treasurer, upon the warrant of the county auditor, out of the fund provided therefor. The county auditor shall cancel and file with the county treasurer the bonds and coupons as rapidly as they are paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19530. Source version: id_d04ec0bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. Whenever any bonds issued under this article remain unsold for the period of six months after having been offered for sale in the manner prescribed by the supervising board of supervisors, the board of trustees of the library district for or on account of which the bonds were issued, or of any library district composed wholly or partly of territory which, at the time of holding the election authorizing the issuance of the bonds, was embraced within the district for or on account of which the bonds were issued, may petition the supervising board of supervisors to cause the unsold bonds to be withdrawn from the market and canceled. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19531. Source version: id_d04ec0c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. Upon receiving the petition, signed by a majority of the members of the board of trustees, the supervising board of supervisors shall fix a time for hearing the petition, which shall be not more than 30 days thereafter, and shall cause a notice, stating the time and place of hearing, and the object of the petition in general terms, to be published as provided in this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 8. Library Districts [19400 - 19532] ARTICLE 6. Bonds [19520 - 19532] SECTION 19532. Source version: id_d04ec0c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=8.&article=6. At the time and place designated in the notice for hearing the petition, or at any subsequent time to which the hearing is postponed, the supervising board of supervisors shall hear any reasons that are submitted for or against the granting of the petition, and if they deem it for the best interests of the library district named in the petition that the unsold bonds be canceled, they shall make and enter an order in the minutes of their proceedings that the unsold bonds be canceled. Thereupon the bonds, and the vote by which they were authorized to be issued, shall cease to be of any validity whatever. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19600. Source version: id_d051ce09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. Any unincorporated town or village of this state may establish, equip, and maintain a public library for the dissemination of knowledge of the arts, sciences, and general literature, in accordance with this chapter. Any unincorporated town or village of this state may also establish, equip, and maintain a public museum in accordance with this chapter. (Amended by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19601. Source version: id_d051ce0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. Upon the application, by petition, of 50 or more taxpayers and residents of any unincorporated town or village to the board of supervisors in the county in which the town or village is located, for the formation of a library district, and setting forth the boundaries of the proposed district, the board of supervisors shall, within 10 days after receiving the petition, by resolution, order that an election be held in the proposed district for the determination of the question and shall conduct the election. (Amended by Stats. 1987, Ch. 1452, Sec. 128.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19603. Source version: id_d051ce0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the county or principal county in which the territory or major portion of the territory of the proposed district is located. Such written notice shall include the name and a description of the proposed district, and may be in the form of a certified copy of the resolution adopted by the legislative body calling the district formation election. The executive officer, within five days after being notified that a district formation election has been called, shall submit to the commission, for its approval or modification, an impartial analysis of the proposed district formation. The impartial analysis shall not exceed 500 words in length and shall include a specific description of the boundaries of the district proposed to be formed. The local agency formation commission, within five days after the receipt of the executive officer’s analysis, shall approve or modify the analysis and submit it to the officials in charge of conducting the district formation election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19604. Source version: id_d051ce0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a written argument for or a written argument against the proposed district formation. Arguments shall not exceed 300 words in length and shall be filed with the officials in charge of conducting the election not less than 54 days prior to the date of the district formation election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19605. Source version: id_d051ce11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the arguments, the election officials shall give preference and priority in the order named to the arguments of the following: (a) The board of supervisors or any member or members of the board authorized by the board. (b) Individual voters or bona fide associations of citizens or a combination of such voters and associations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19608. Source version: id_802ff3f8-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. The election shall be conducted in accordance with the general election laws of this state, where applicable, without reference to form of ballot or manner of voting. The ballot shall contain the words “Shall the library district be established?” To the right of or below those words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the proposal. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (Amended by Stats. 2025, Ch. 303, Sec. 6. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19610. Source version: id_d051ce15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. The election officers shall report the result of the election to the board of supervisors within five days after the election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19611. Source version: id_d051ce17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. If a majority of the votes at the election is in favor of a library district, the board of supervisors shall by resolution, establish the library district, and shall appoint five trustees, who shall be qualified electors and residents within the limits of the district, to be known as a board of library trustees of the town or village for which they are appointed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19612. Source version: id_d0537bc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. Vacancies shall be filled by the board of supervisors by appointment for the unexpired term. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19613. Source version: id_d0537bcb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. If a majority of the votes cast is against a library district, the board of supervisors shall, by order, so declare, and no other proceedings shall be taken in relation thereto until the expiration of one year from the date of presentation of the petition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 1. Formation [19600 - 19614] SECTION 19614. Source version: id_d0537bcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=1. The fact of the presentation of the petition, and the order establishing the library district and making the appointment of the five library trustees, shall be entered in the minutes of the board of supervisors and shall be conclusive evidence of the due presentation of a proper petition, and that each of the petitioners was, at the time of signature and presentation of the petition, a taxpayer and resident of the proposed district, and of the fact and regularity of all prior proceedings of every kind and nature provided for by this article and of the existence and validity of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19640. Source version: id_d0550271-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall meet at least once a month, at such time and place as it may fix by resolution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19641. Source version: id_d0550273-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. Special meetings may be called at any time by three trustees, by written notices served upon each member at least 12 hours before the time specified for the meeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19642. Source version: id_d0550275-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. Three members constitute a quorum for the transaction of business. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19643. Source version: id_d0550277-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. At its first meeting held after the general district election the board shall organize by electing one of its number president, and another one of its number secretary. They shall serve as such for one year or until their successors are elected and qualified. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19644. Source version: id_d0550279-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board shall cause a proper record of its proceedings to be kept, and at the first meeting of the board of trustees, it shall immediately cause to be made out and filed with the State Librarian a certificate showing that the library has been established, with the date thereof, the names of the trustees, and the officers of the board chosen for the current fiscal year. (Amended by Stats. 1987, Ch. 1452, Sec. 133.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19645. Source version: id_d055027b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall make and enforce all rules, regulations, and bylaws necessary for the administration, government, and protection of the library under its management, and all property belonging to it. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19646. Source version: id_d055027d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall administer any trust declared or created for the library, and receive by gift, devise, or bequest, and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19647. Source version: id_d055027f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall prescribe the duties and powers of the librarian, secretary, and other officers and employees of the library, determine the number of and appoint all officers and employees, and fix their compensation. The officers and employees shall hold their offices and positions at the pleasure of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19648. Source version: id_d0568921-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall purchase necessary books, journals, publications, and other personal property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19649. Source version: id_d0568923-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall also purchase such real property, and erect or rent and equip, such building or rooms, as in its judgment is necessary to properly carry out the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19650. Source version: id_d0568925-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees may request the appropriate state officials to furnish the library with copies of any and all reports, laws, and other publications of the state not otherwise disposed of by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19651. Source version: id_d0568927-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall borrow books from, lend books to, and exchange books with other libraries. It shall allow nonresidents to borrow books upon such conditions as it may prescribe. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19652. Source version: id_d0568929-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19653. Source version: id_d056892b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall file, through the librarian, on or before the last day in the month of August of each year, a report with the State Librarian at Sacramento giving the condition of the library and the number of volumes contained therein on the 30th day of June preceding. The report shall, in addition to other matters deemed expedient by the board of trustees or the librarian, contain such statistical and other information as is deemed desirable by the State Librarian. For this purpose the State Librarian may send to the several district librarians instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19654. Source version: id_d056892d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees shall designate the hours during which the library is open for the use of the public. All public libraries established under this chapter shall be open for the use of the public during every day in the year except on such legal holidays as may be determined by the board of library trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19655. Source version: id_d056892f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. In any library district formed under the provisions of this chapter, which maintains a public library, or which has petitioned for and been granted permission to establish, and intends to maintain a public library in accordance with this chapter, the board of library trustees shall furnish to the board of supervisors of the county in which the library district is situated, each and every year, on or before the first day of September, an estimate of the cost of any or all of the following: (a) Leasing temporary quarters. (b) Purchasing a suitable lot. (c) Procuring plans and specifications and erecting a suitable building. (d) Furnishing and equipping the building and fencing and ornamenting the grounds, for the accommodation of the public library. (e) Conducting and maintaining the library for the ensuing fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19656. Source version: id_d0580fd1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The board of library trustees may, when in its judgment it is deemed advisable, and upon the petition of 50 or more taxpayers residing within the library district shall, call an election and submit to the electors of the library district the question of whether the bonds of the library district shall be issued and sold for any or all the purposes of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19658. Source version: id_d0580fd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The revenue derived from the tax, together with all money acquired by gift, devise, bequest, or otherwise, for the purposes of the library, shall be paid into the county treasury, to the credit of the library fund of the district in which the tax is collected, subject only to the order of the library trustees of the district. If payment into the treasury is inconsistent with the terms or conditions of any gift, devise, or bequest, the board of library trustees shall provide for the safety and preservation of the fund, and the application thereof to the use of the library, in accordance with the terms and conditions of the gift, devise, or bequest. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19659. Source version: id_d0580fd5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. Upon the receipt by the county auditor of an order of the library trustees of the district he shall issue his warrant upon the county treasurer for the amount stated in the order. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19660. Source version: id_d0580fd7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. When any warrant is presented to the treasurer for payment and it is not paid for want of funds the treasurer shall endorse thereon “not paid for want of funds” with the date of presentation and sign his name thereto and from that time the warrant bears interest at the rate of 6 percent per annum until it is paid or until funds are available for its payment and the county treasurer gives notice to the warrant holder that funds are available for payment. The giving of the notice is deemed complete upon deposit thereof in the United States mail in a sealed envelope addressed to the warrant holder at his address given by him at the time of presentation of the warrant to the treasurer, with postage thereon fully prepaid and registered. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19661. Source version: id_d0580fd9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. Every library established under this chapter shall be forever free to the inhabitants and nonresident taxpayers of the library district, subject always to such rules, regulations, and bylaws as may be made by the board of library trustees. For any violation of the rules, regulations, or bylaws a person may be fined or excluded from the privileges of the library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19662. Source version: id_d0580fdb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. Boards of library trustees and the boards of trustees of neighboring library districts, or the legislative bodies of neighboring municipalities, or boards of supervisors of the counties in which public libraries are situated, may contract to lend the books of the libraries to residents of the counties or neighboring municipalities, or library districts, upon a reasonable compensation to be paid by the counties, neighboring municipalities, or library districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19663. Source version: id_d0580fdd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. The title to all property acquired for the purposes of the libraries, when not inconsistent with the terms of its acquisition, or not otherwise designated, vests in the district in which libraries are, or are to be situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2. Powers [19640 - 19664] SECTION 19664. Source version: id_d059967f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2. Every library district shall be designated by the name and style of ____ Library District, (using the name of the district), of ____ County, (using the name of the county in which the district is situated). In that name the trustees may sue and be sued, and may hold and convey property for the use and benefit of the district. A number shall not be used as a part of the designation of any library district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19670. Source version: id_d05b1d23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of library trustees may vote to establish a public museum in the library district and to constitute the board of library trustees as the board of museum trustees for the purposes of managing such museum in accordance with the provisions of this chapter. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19671. Source version: id_d05b1d25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of museum trustees shall meet at least once a month, at such time and place as it may fix by resolution. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19672. Source version: id_d05b1d27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. Special meetings may be called at any time by three trustees, by written notices served upon each member at least 12 hours before the time specified for the meeting. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19673. Source version: id_d05b1d29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. Three members constitute a quorum for the transaction of business. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19674. Source version: id_d05b1d2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. At its first meeting held after being constituted, the board shall organize by electing one of its number president, and another one of its number secretary. They shall serve as such for one year or until their successors are elected and qualified. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19675. Source version: id_d05b1d2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board shall cause a proper record of its proceedings to be kept, and at the first meeting of the board of trustees, it shall immediately cause to be made out and filed with the Department of Education at Sacramento a certificate showing that the museum has been established, with the date thereof, the names of the trustees, and the officers of the board chosen for the current fiscal year. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19676. Source version: id_d05ca3cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of museum trustees shall make and enforce all rules, regulations, and bylaws necessary for the administration, government, and protection of the museum under its management, and all property belonging to it. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19677. Source version: id_d05ca3d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of museum trustees shall administer any trust declared or created for the museum, and receive by gift, devise, or bequest, and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided, dispose of the property for the benefit of the museum. Any funds from private sources which are used for the support of any public museum established pursuant to this chapter shall be deposited in a special fund in the county treasury of the county in which the public museum is located. Such fund shall be under the control of and administered by the board of museum trustees. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19678. Source version: id_d05ca3d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of museum trustees shall prescribe the duties and powers of the curator, secretary, and other officers and employees of the museum, determine the number of and appoint all officers and employees, and fix their compensation. The officers and employees shall hold their offices and positions at the pleasure of the board. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19679. Source version: id_d05ca3d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of museum trustees shall purchase necessary objects of artistic, scientific, or historical interest, and other personal property. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19680. Source version: id_d05ca3d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of museum trustees shall also purchase such real property, and erect or rent and equip, such building or rooms, as in its judgment is necessary to properly carry out the provisions of this chapter. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19681. Source version: id_d05ca3d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of museum trustees shall do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19682. Source version: id_d05ca3db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The board of museum trustees shall designate the hours during which the museum is open for the use of the public. All public museums established under this chapter shall be open for the use of the public during every day in the year except on legal holidays as may be determined by the board of museum trustees. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19683. Source version: id_d05ca3dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. In any library district formed under the provisions of this chapter, which maintains a public museum, in accordance with this chapter, the board of museum trustees shall furnish to the board of supervisors of the county in which the library district is situated, each and every year, on or before the first day of September, an estimate of the cost of any or all of the following: (a) Leasing temporary quarters. (b) Purchasing a suitable lot. (c) Procuring plans and specifications and erecting a suitable building. (d) Furnishing and equipping the building and fencing and ornamenting the grounds, for the accommodation of the public museum. (e) Conducting and maintaining the museum for the ensuing fiscal year. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19684. Source version: id_d05e2a7f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. The title to all property acquired for the purposes of the museum, when not inconsistent with the terms of its acquisition, or not otherwise designated, vests in the district in which museums are, or are to be situated. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 2.5. Museums [19670 - 19685] SECTION 19685. Source version: id_d05e2a81-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=2.5. It is the intent of the Legislature that public museums established pursuant to this chapter shall be funded primarily by private funds. The board of supervisors of the county in which such a public museum is located is authorized, but not required, to allocate county funds for the support of such museum. (Added by Stats. 1978, Ch. 988.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 3. Claims [19690- 19690.] SECTION 19690. Source version: id_d05e2a85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=3. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 4. Biennial Election of Trustees [19700 - 19702] SECTION 19700. Source version: id_d05e2a89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=4. (a) Except as otherwise provided in this article, the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall govern and control the conduct of elections pursuant to this chapter. Elections shall be held biennially in the district on the same day as the school district election as specified in Section 5000 in the odd-numbered years. (b) The trustees shall hold office for the term of four years beginning on the first Friday in December next succeeding their appointment or election. (c) The members of the first board of library trustees appointed or elected in a district shall, at their first meeting, so classify themselves by lot that their terms shall expire: two on the first Friday in December of the first odd-numbered calendar year next succeeding their appointment or election, and three on the first Friday in December of the second succeeding odd-numbered calendar year. (Amended by Stats. 1994, Ch. 923, Sec. 25. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 4. Biennial Election of Trustees [19700 - 19702] SECTION 19701. Source version: id_d05fb12b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=4. The number of library trustees for any library district established under the provisions of this chapter is five. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 4. Biennial Election of Trustees [19700 - 19702] SECTION 19702. Source version: id_d05fb12d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=4. Every person who is registered to vote in the library district where the election is held at least 29 days before the election, may vote at the election. (Amended by Stats. 1978, Ch. 1376.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19720. Source version: id_d05fb131-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The board of trustees of any library district may, when in their judgment it is deemed advisable, and shall upon a petition of 50 or more taxpayers and residents of the library district, call an election and submit to the electors of the district the question of whether the bonds of the district shall be issued and sold for the purpose of raising money for any or all of the following: (a) The purchase of suitable lots. (b) Procuring plans and specifications and erecting a suitable building. (c) Furnishing and equipping the building, and fencing and ornamenting the grounds, for the accommodation of the public library. (d) Any or all of the purposes of this chapter. (e) Liquidating any indebtedness incurred for the purposes. (f) Refunding any outstanding valid indebtedness, evidenced by bonds or warrants of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19721. Source version: id_d05fb133-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The election shall be called by posting notices, signed by the board, in three of the most public places in the district, for not less than 20 days before the election, and by publishing the notice not less than once a week for three successive weeks in a newspaper published in the district if there is one, or if there is none, in a newspaper published in the county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19722. Source version: id_d05fb135-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The notice shall contain: (a) Time and place of holding the election. (b) The names of inspectors and judges to conduct the election. (c) The hours during the day in which the polls will be open. (d) The amount and denomination of the bonds, the rate of interest, and the number of years, not exceeding 40, the whole or any part of the bonds are to be run. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19723. Source version: id_d05fb137-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The election shall be conducted in accordance with the provisions relating to the election of trustees, insofar as they are applicable to the election for bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19724. Source version: id_84697efa-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. Voting shall be by ballot, without reference to the general election law in regard to form of ballot, or manner of voting. The ballots shall have printed on them the words “Shall the measure (stating the nature thereof) be adopted?” To the right or below the statement of the measure to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the measure. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (Amended by Stats. 2025, Ch. 303, Sec. 7. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19725. Source version: id_d06137db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. On the seventh day after the election, at 8 o'clock p.m., the returns having been made to the board of trustees, the board shall meet and canvass the returns, and if it appears that more than one-half of the votes cast at the election are in favor of issuing the bonds, then the board shall cause an entry of the fact to be made upon its minutes and shall certify to the board of supervisors, all the proceedings had in the premises. Thereupon the board of supervisors shall issue the bonds of the district, to the number and amount provided in the proceedings, payable out of the building fund of the district, naming the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19726. Source version: id_d06137dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The money shall be raised by taxation upon the taxable property in the district, for the redemption of the bonds and the payment of the interest thereon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19727. Source version: id_d06137df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The total amount of bonds issued shall not exceed 5 percent of the taxable property of the district, as shown by the last equalized assessment book of the county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19728. Source version: id_d06137e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The board of supervisors by an order entered upon its minutes shall prescribe the form of the bonds and of the interest coupons attached thereto, and shall fix the time when the whole or any part of the principal of the bonds shall be payable, which shall not be more than 40 years from the date thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19729. Source version: id_d062be83-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The bonds shall not bear a greater amount of interest than 6 percent, to be payable annually or semiannually. The bonds shall be sold in the manner prescribed by the board of supervisors, but for not less than par, and the proceeds of the sale thereof shall be deposited in the county treasury to the credit of the building fund of the library district, and shall be drawn out for the purposes for which the bonds were issued as other library moneys are drawn out. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19730. Source version: id_d062be85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. The board of supervisors, at the time of making the levy of taxes for county purposes, shall levy a tax for that year upon the taxable property in the district, at the equalized assessed value thereof for that year, for the interest and redemption of the bonds. The tax shall not be less than sufficient to pay the interest of the bonds for that year, and such portion of the principal as is to become due during the year. In any event the tax shall be high enough to raise, annually, for the first half of the term the bonds have to run, a sufficient sum to pay the interest thereon, and during the balance of the term, high enough to pay the annual interest and to pay, annually, a proportion of the principal of the bonds equal to a sum produced by taking the whole amount of the bonds outstanding and dividing it by the number of years the bonds then have to run. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19731. Source version: id_d062be87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. All money levied, when collected, shall be paid into the county treasury to the credit of the library district, and shall be used for the payment of principal and interest on the bonds, and for no other purpose. The principal and interest on the bonds shall be paid by the county treasurer, upon the warrant of the county auditor, out of the fund provided therefor. The county auditor shall cancel and file with the county treasurer the bonds and coupons as rapidly as they are paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19732. Source version: id_d062be89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. Whenever any bonds issued under this article remain unsold for the period of six months after having been offered for sale in the manner prescribed by the board of supervisors, the board of trustees of the library district for or on account of which the bonds were issued, or of any library district composed wholly or partly of territory which, at the time of holding the election authorizing the issuance of the bonds, was embraced within the district for or on account of which the bonds were issued, may petition the board of supervisors to cause the unsold bonds to be withdrawn from market and canceled. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19733. Source version: id_d062be8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. Upon receiving the petition, signed by a majority of the members of the board of trustees, the supervisors shall fix a time for hearing the petition, which shall be not more than 30 days thereafter, and shall cause a notice, stating the time and place of hearing, and the object of the petition in general terms, to be published for 10 days prior to the day of hearing, in some newspaper published in the library district, if there is one, and if there is no newspaper published in the library district, then in a newspaper published at the county seat of the county in which the library district or part thereof is situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 11. LIBRARIES [18010 - 20092] CHAPTER 9. Library Districts and Museums in Unincorporated Towns and Villages [19600 - 19734] ARTICLE 5. Bonds [19720 - 19734] SECTION 19734. Source version: id_d064452d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=11.&chapter=9.&article=5. At the time and place designated in the notice for hearing the petition, or at any subsequent time to which the hearing is postponed, the supervisors shall hear any reasons that are submitted for or against the granting of the petition, and if they deem it for the best interests of the library district that the unsold bonds be canceled, they shall make and enter an order in the minutes of their proceedings that the unsold bonds be canceled. Thereupon the bonds, and the vote by which they were authorized to be issued, shall cease to be of any validity whatever. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21100. Source version: id_7200afd6-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. Any person desiring in his or her lifetime to promote the public welfare by founding, endowing, and maintaining within this state a university, college, school, seminary of learning, mechanical institute, museum, botanic garden, public park, or gallery of art, or any or all thereof, may, for such purposes, by grant in writing convey to a trustee, or any number of trustees, named in the grant, and to their successors, any property, real or personal, belonging to him or her and situated within this state. If he or she is married or in a registered domestic partnership and the property is community property, then both spouses shall join in the grant. (Amended by Stats. 2016, Ch. 50, Sec. 28. (SB 1005) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21101. Source version: id_d08a6aa1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grantor may designate in the grant: (a) The nature, object, and purposes of the institution to be founded, endowed, and maintained. (b) The name by which it shall be known. (c) The powers and duties of the trustees, and the manner in which they shall account, and to whom, if accounting is required. Such powers and duties shall not be exclusive of other powers and duties which may be necessary to enable the trustees to fully carry out the objects of the grant. (d) The mode and manner, and by whom, the successors to the trustee or trustees named in the grant are to be appointed. (e) Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe. Such rules shall, unless the grantor otherwise prescribes, be deemed advisory only, and shall not preclude the trustees from making such changes as new conditions may from time to time require. (f) The place where and the time when the buildings necessary and proper for the institution shall be erected, and the character and extent thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21102. Source version: id_d08bf143-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grantor may also provide for all other things necessary and proper to carry out the purposes of the grant, and especially may provide for the trades and professions which shall be taught in the institution, and the terms upon which deserving scholars of the public and private schools of the various counties of this state may be admitted to all the privileges of the institution, as a reward for meritorious conduct and good scholarship. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21103. Source version: id_d08bf145-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grantor may also provide for maintaining free scholarships for children of persons who have rendered service to or who have died in the service of the state and for maintaining free scholarships for children of mechanics, tradesmen, and laborers, who have died without leaving means sufficient to give their children a practical education, fitting them for the useful trades or arts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21104. Source version: id_d08bf147-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grantor may also provide the terms and conditions upon which students in the public and private schools, and other deserving persons, may, without cost to themselves, attend the lectures of any university established, and also the terms and conditions upon which the museums, art galleries, and conservatories of music, connected with any such institution, shall be open to all deserving persons without charge, and without their becoming students of the institution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21105. Source version: id_d08bf149-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The trustee or trustees named in the grant, and their successors, may, in the name of the institution, as designated in the grant, sue and defend, in relation to the trust property, and in relation to all matters affecting the institution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21106. Source version: id_d08bf14b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grantor, by a provision in the grant, may elect, in relation to the property conveyed, and in relation to the erection, maintenance, and management of the institution, to perform, during his life, all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee or trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21107. Source version: id_d08d77ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. A grantor who is a married person may further provide that his or her surviving spouse during his or her life, may, in relation to the property conveyed, and in relation to the election, maintenance, and management of the institution, perform all the duties and exercise all the powers which, by the terms of the grant, are enjoined upon and vested in the trustee and trustees. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21108. Source version: id_d08d77ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. In the cases referred to in Sections 21106 and 21107, the powers and duties conferred and imposed upon the trustee or trustees shall be exercised and performed by the grantor, or by his or her spouse, during his or her life, as the case may be. Upon the death of the grantor, or the surviving spouse, as the case may be, the powers and duties shall devolve upon and shall be exercised by the trustees named in the grant, and their successors. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21109. Source version: id_d08d77f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grantor may reserve the right to alter, amend, or modify the terms and conditions of the grant, and the trusts created, in respect to any of the matters mentioned or referred to in Sections 21101 to 21104, inclusive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21110. Source version: id_d08d77f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grantor may also reserve, during his or her life, the right of absolute dominion over the personal property conveyed, and also over the rents, issues, and profits of the real property conveyed, without liability to account therefor in any manner whatever, and without any liability over against his or her estate. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21111. Source version: id_d08d77f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. A grantor who is a married person may further provide that his or her spouse, during his or her life, may have the same absolute dominion, over the personal property, and the rents, issues, and profits, without liability to account therefor in any manner whatever, and without liability over against the estate of either the grantor or his or her spouse. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21112. Source version: id_d08d77f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The founder or founders, surviving founder, or spouse or surviving spouse of any founder, of a university, college, school, seminary of learning, mechanical institute, museum, gallery of art, library or any other institution, or any or all thereof, founded pursuant to this article, may, by an instrument in writing, resign, relinquish, and surrender all the rights, powers, privileges and duties reserved to or vesting in him or her, over, in, or concerning any of the property granted or given to the institution, or over or concerning the institution founded. Thereupon all estates, rights, powers, privileges, trusts, and duties which would otherwise vest in or devolve upon the trustee or trustees of the trusts and estates created upon the death of the person resigning, relinquishing, and surrendering, by the terms of the grant and amendments thereof, and by the terms of any grants, gifts, bequests, and devices supplementary thereto, or of any confirmatory grants, shall immediately vest in and devolve upon the trustee or trustees. Nothing herein contained shall prevent the person resigning, relinquishing and surrendering the rights, powers, privileges, or duties from thereafter becoming and serving as one of the trustees, or from becoming and serving as an officer of any board of trustees. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21113. Source version: id_d08efe99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grantor may provide in the grant that the trustees and their successors, may, in the name of the institution, become the custodian of the person of minors. When any such provision is made in a grant, the trustees and their successors may take the custody and control in the manner and for the time and in accordance with the provisions of Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21114. Source version: id_d08efe9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The grant shall be executed, acknowledged, and recorded in the same manner as is provided by law for the execution, acknowledgment, and recording of grants of real property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21115. Source version: id_d08efe9d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect the conveyance, or to affect the title to the property conveyed, or the right to the possession, or to the rents, issues, and profits thereof, unless the action is commenced within two years after the date of filing the grant for record. No defense shall be made to any suit, action, or proceeding commenced by the trustee or trustees named in the grant, or their successors, privies, or persons holding under them, which involves the legality of the grant, or affects the title to the property conveyed, or the right to the possession, or the rents, issues, and profits thereof, unless the defense is made in a suit, action, or proceeding commenced within two years after the grant has been filed for record. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21116. Source version: id_d08efe9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The property conveyed by the grant shall not, after a lapse of two years from the date of the filing for record of the grant, be subject to forced sale, under execution, or judicial proceedings of any kind, against the grantor or his privies, unless the action under which the execution is issued, or the proceedings under which the sale is ordered, has been commenced within two years after the grant has been filed for record. No property shall be subject to execution or forced sale under any judgment obtained in any proceedings instituted within two years, if there is other property of the grantor, subject to execution or forced sale sufficient to satisfy the judgment. Nothing in this section contained shall be construed to affect mechanics’ or laborers’ liens. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21117. Source version: id_d08efea1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. Any person making the grant may, at any time thereafter, by last will or testament, devise and bequeath to the state all or any of the property, real and personal, mentioned in the grant, or in any supplemental grant, and the devise or bequest shall only take effect if, from any cause whatever, the grant is annulled or set aside, or the trusts therein declared for any reason fail. Such devise and bequest is permitted to be made by way of assurance that the wishes of the grantor shall be carried out, and in the faith that the state, if it succeeds to the property, or any part thereof, will, to the extent and value of the property, carry out, in respect to the objects and purposes of the grant, all the wishes and intentions of the grantor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21118. Source version: id_d08efea3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. No wish, direction, act, or condition expressed, made, or given by any grantor, under this article, as to religious instruction to be given in any school, college, seminary, mechanical institute, museum, or gallery of art, or in respect to the exercise of religious belief, on the part of any pupil of the school or institution of learning, shall be binding upon the state. The state shall not enforce, or permit to be enforced or carried out, any such wish, direction, act, or condition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 1. Foundations and Trusts [21100 - 21119] SECTION 21119. Source version: id_d08efea5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=1. The provisions of this article shall be liberally construed with a view to effect its objects and promote its purposes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21140. Source version: id_d0908549-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. Any person intending in his lifetime or by will or trust deed, to operate after his death, to found, maintain, and perpetuate in this state a public library, museum, gallery of art, or any or all thereof, for the diffusion of mechanical, scientific, artistic, and general knowledge, may for that purpose, convey in writing by words denoting a gift or grant to one or more trustees named in the gift or grant, and to their successors, any library or collection of books and works, for the public library, or any museum, or gallery of art in this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21141. Source version: id_d090854b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. The gift or grant may also express and shall be construed to be a conveyance of the future additions and accretions thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21142. Source version: id_d090854d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. The grantor may also in like manner, convey by grant to the trustee or trustees any real property within this state belonging to him, which may be necessary or proper for the erection and maintenance of buildings suitable to the institution, and the buildings erected thereon, with grounds, conveniently adjacent thereto, and other lands, tenements, and hereditaments for the purpose of producing an income for the support and maintenance of the institutions and any collateral burdens which may be imposed by the terms of the foundation as part and parcel of the regulations for its conduct, and also personal property of all descriptions, which may subserve the purposes of the institution and maintenance of the library, museum, or gallery of art. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21143. Source version: id_d090854f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. Any contributions or gifts by any other person than the founder, of any property suitable to the general plan or support of any institution mentioned in this article, shall immediately vest in the trustees, and become incorporated into and subject to the trust, and to all its terms and conditions, and be managed under the rules and regulations prescribed therefor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21144. Source version: id_d0920bf1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. The person making the gift, grant, or conveyance, as founder may therein designate: (a) The name by which the institution shall be known. (b) Its nature, object, and purposes. (c) The powers and duties of the trustees, which shall not be exclusive of other powers and duties that, in their judgment, may be necessary more effectually to carry out the purposes of the institution. (d) The mode, manner, and by whom the successors to the trustees named in the gift or grant shall be appointed. (e) Such rules and regulations for the management of the institution, and the furtherance of its purposes, as the grantor may elect to prescribe. Such rules and regulations shall, unless the grant shall otherwise prescribe, be deemed advisory only, and shall not preclude the trustees or their successors from making such changes as new conditions may, from time to time, require. (f) The place or places where the necessary buildings shall be erected, and the general character thereof. The grantor may provide in the grant for all other things necessary or proper to carry out the purposes of the grant, or otherwise, by his last will or testament. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21145. Source version: id_d0920bf3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. The trustees named in the gift or grant, and their successors, may, in the name of the institution, sue and defend in relation to the trust property, and to all matters affecting the institution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21146. Source version: id_d0920bf5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. By a provision in the gift or grant, the founder may elect, in respect to the personal and real property conveyed, and the additions and increase thereof, and in respect to the erection, maintenance, and management of any buildings auxiliary thereto, and in respect to any property connected with the institution, to reserve to himself a veto and right of annulment or modification of any act of the trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21147. Source version: id_d0939297-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. If he elects to veto, annul, or modify any act of the trustees, he shall, within 30 days after notice of the performance of the act, file in the office of the trustees, or deliver to their president or principal officer, a notice in writing, of the veto, annulment, or modification. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21148. Source version: id_d0939299-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. Upon a like notice, in conformity with a provision in the gift or grant, he may elect to perform during his life all the powers which, by the terms of the grant, are vested in or enjoined upon the trustees, and their successors. Upon the death or disability to act of the founder and grantor, the powers and duties shall devolve upon, and be exercised by, the trustees, and their successors. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21149. Source version: id_d093929b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. The founder may also reserve the right to alter, amend, or modify, at any time during his life, or by his last will and testament, the terms and conditions of the grant, and the trust created in respect to the institution, its buildings, and the property conveyed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21150. Source version: id_d093929d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. The founder may in the deed of trust name and describe the character and personality of any one or more of the immediate or future trustees, the librarian, and other officers, and name and impose any particular duty to be performed by any one or more trustees or other officers so described and characterized. He may declare and limit any compensation, and fix the character and method of the compensation he chooses to provide for the trustee or other officer whom the terms of his foundation may characterize, and upon whom specific or general duties are imposed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21151. Source version: id_d093929f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. The gift or grant shall be executed, acknowledged, and recorded in the manner provided by law for the execution, acknowledgment, and recording of grants of real property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21152. Source version: id_d09392a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. No suit, action, or proceeding shall be commenced or maintained by any person to set aside, annul, or affect any gift, grant, or conveyance, or to affect the title to the property conveyed, or the right to the possession or to the rents, issues, and profits thereof, unless the action is commenced within two years after the date of the filing of the grant for record. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21153. Source version: id_d0951943-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. Any founder, making a gift or grant for any of the purposes mentioned in this article, may, at any time thereafter, by last will or testament, devise or bequeath to the state all or any of the property, real and personal, mentioned in the gift or grant, or in any supplemental grant or gift, and the devise or bequest shall take effect if, from any cause whatever, the gift or grant is annulled or set aside, or the trusts therein declared for any reason fail. Such devise or bequest is suffered to be made by way of assurance that the intentions of the grantor shall be carried out, and in the faith that the state, if it succeeds to the property, or any part thereof, will, to the extent and value of the property carry out, in respect to the objects and purposes of the grant, all the wishes and intentions of the grantor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 2. Institutions of Arts and Sciences [21140 - 21154] SECTION 21154. Source version: id_d0951945-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=2. The provisions of this article shall be liberally construed, with a view to effect its objects and purposes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21180. Source version: id_d0951949-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The trustee or trustees of any trust or trusts created for the founding, endowment, and maintenance of a university, college, school, seminary of learning, mechanical institute, museum, gallery of art, library, or any other institution, or any or all thereof, pursuant to Article 1 (commencing with Section 21100) and Article 2 (commencing with Section 21140) of this chapter, may commence a special proceeding to determine all questions of law and fact affecting the existence of, and the due and voluntary execution and delivery, and the terms, validity, and legal effect of the grant founding the institution, and of all amendments or attempted amendments to the grant, and of any supplemental grants or gifts, and of any confirmatory conveyances, of the founder or surviving founder, or spouse or surviving spouse of the founder. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21181. Source version: id_d095194b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The special proceeding may also be commenced to determine all questions of law and fact affecting the due and voluntary execution and delivery, and the validity and legal effect, of any gift or grant made in general terms for the benefit of the institution, or of any department of the institution, or of any gift or grant made in general terms for the benefit of the institution, or of any department of the institution, or of any gift or grant made in general terms for the benefit of the institution, or of any department of the institution, upon the trusts provided for in the grant founding the institution, and amendments thereof and grants, bequests, and devises supplementary thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21182. Source version: id_d095194d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The special proceeding may also be commenced to determine all questions bearing upon the passing to the trustee or trustees of the legal title to the properties, real and personal, conveyed or attempted to be conveyed, so far as the property or the proceeds thereof, or any property acquired in exchange therefor or with proceeds thereof, is described in the petition provided for in this article, and the interest or title of the trustee or trustees in or to any property described in the petition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21183. Source version: id_d0969fef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The special proceeding may also be commenced to determine all questions of law and fact affecting the due and voluntary execution and delivery, and the validity and legal effect, of any grant or surrender by any founder, surviving founder, or spouse or surviving spouse of any founder, to, or in favor of, the trustee or trustees, of any rights, powers, privileges, or duties reserved to or vesting in any such person over or concerning any property described in the petition, or over or concerning the institution, which would otherwise vest in or devolve upon the trustee or trustees upon the death of the person granting or surrendering the right, powers, privileges, or duties, and of any relinquishment or release by the founder, surviving founder, or spouse or surviving spouse of any founder, of any other rights, powers, privileges, or duties reserved to or vesting in any such person. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21184. Source version: id_d0969ff1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The trustee or trustees of any trust created pursuant to Article 1 (commencing with Section 21100) and Article 2 (commencing with Section 21140) of this chapter, in the name of the institution or institutions, or in the name of the trustee or trustees of the institution, or in the name of the board of trustees of the institution, may file, in the superior court of the county in which the lands described in the founding grant, or some portion thereof, are situated, or, if no real estate has been granted to the trustees, then in the county where the main part of the institution is situated, a petition in writing, signed by counsel for the trustee or trustees, or by counsel for a majority thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21185. Source version: id_d0969ff3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The petition shall contain copies of all grants, amendments, attempted amendments, supplemental grants, instruments of gift, confirmatory conveyances, and grants and instruments of surrender, relinquishment or release, so far as known to the trustee or trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21186. Source version: id_d0969ff5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The petition shall allege in general terms the due and voluntary execution and delivery, and the validity, of any and all instruments, copies of which are set out in the petition, and shall describe all property, real and personal, the legal title to which is held or claimed to be held by the trustee or trustees under or by virtue of any or all of the instruments, whether or not the property is the original property conveyed, the proceeds thereof, or reinvested proceeds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21187. Source version: id_d0969ff7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The petition shall allege in general terms the estate or interest which the trustee or trustees have or claim in or to the property described. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21188. Source version: id_d0969ff9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The petition shall pray, in effect, that the court: (a) Examine and determine all questions of law and fact affecting the due and voluntary execution and delivery, and the terms, validity, and legal effect of all the instruments, copies of which are set out in the petition. (b) Examine and determine all questions bearing upon the passing to the trustee or trustees, of the legal title to all the properties, real and personal, conveyed or attempted to be conveyed, so far as the property or the proceeds thereof, or any property acquired in exchange therefor or with the proceeds thereof, is described in the petition. (c) Examine and determine the interest or title of the trustee or trustees in or to the property. (d) Establish and determine that the trustee or trustees are rightfully vested with the legal title thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21189. Source version: id_d0969ffb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The court or judge shall fix the time for hearing the petition, and shall order the clerk of the court to post in at least three public places in the county a notice of the filing of the petition, attached to a copy of the petition, and order a copy of the notice together with a copy of the petition to be personally served upon the founder, if living, and upon the spouse or surviving spouse of any founder, and upon any living grantor or donor of any other grant or gift set out in the petition, and may order such other or further notice to be given as the judge or court may deem proper. The notice shall be posted and served at least 10 days before the hearing. (Amended by Stats. 1977, Ch. 242.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21190. Source version: id_d098259d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. If the court or judge finds upon the hearing that due and proper notice has not been given as provided in Section 21189, it shall reset the hearing and cause due and proper notice to be given. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21191. Source version: id_d098259f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The notice and petition shall be entitled substantially in the following form: In the Superior Court of the ____ County of ____, State of California. In the matter of the petition of ____ (giving the name or names in which the petition is brought) for the ascertainment of the existence and terms of, and for the determination of the validity and legal effect of grants or other instruments creating, changing, or affecting trusts and estates for the founding, endowment, and maintenance of ____ (naming the institution or institutions founded). (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21192. Source version: id_d09825a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The notice shall state the time and place fixed for the hearing of the petition and shall be addressed to the founder or founders, if living, and to the spouse or surviving spouse of any deceased founder, and the living grantor or donor of any other grant or gift set out in the petition, and in general terms to all other persons having or claiming any interest in, or rights, powers, or duties over or concerning the property described in the petition; and shall direct that they and each of them appear and answer the petition on or before the time set for the hearing. The notice shall also state that unless they so appear and demur or answer, the petitioners will apply to the court to grant the prayer of the petition, and that each person failing to so appear and answer, shall be deemed to admit as true all the material allegations of the petition. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21193. Source version: id_d09825a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. Any person required to be served, or any other person interested may waive notice by written waiver filed with the clerk of the court. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21194. Source version: id_d09825a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. Any person interested in the determination of any of the questions presented by the petition may demur to or answer the petition and may set up any new matter affecting the determination of the questions. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21195. Source version: id_d09825a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. Any allegation of the petition or answer may be made upon information and belief. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21196. Source version: id_d09825a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The provisions of the Code of Civil Procedure respecting the demurrer and the answer to a verified complaint, shall be applicable to a demurrer or answer to the petition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21197. Source version: id_d09825ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The persons demurring to or answering the petition shall be the defendants to the special proceeding and the petitioners shall be the plaintiffs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21198. Source version: id_d099ac4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. Every material statement of the petition not specifically controverted by the answer shall, for the purposes of the special proceeding, be taken as true, and each person failing to answer the petition shall be deemed to admit as true all the material allegations of the petition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21199. Source version: id_d099ac4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The rules of pleading and practice provided for by the Code of Civil Procedure, which are not inconsistent with this article, are applicable to the special proceeding provided for. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21200. Source version: id_d099ac51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. Upon the hearing of the special proceeding, the court shall examine into and determine all questions of law and fact within the scope of the proceeding herein provided for, whether presented by the petition or answer, or by the proofs upon the hearing. The court shall find and determine whether the notice of the filing of the petition has been duly given for the time and in the manner prescribed in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21201. Source version: id_d099ac53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The costs of the special proceeding may be allowed and apportioned between all parties, in the discretion of the court. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21202. Source version: id_d099ac55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. A certified copy of the judgment of the court in the special proceeding shall be recorded in the office of the recorder of the county in which the action is brought and in the office of the recorder of every county in which any of the real property affected is situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 12. FOUNDATIONS AND STATE COMMITTEES AND COMMISSIONS [21100 - 21203] CHAPTER 1. Foundations, Trusts, and Institutions of Arts and Sciences [21100 - 21203] ARTICLE 3. Legal Validation Proceedings [21180 - 21203] SECTION 21203. Source version: id_d099ac57-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=12.&chapter=1.&article=3. The judgment of the court in the special proceeding is determinative of the terms and trusts upon which any property thereafter given for the benefit of the institution, or any department thereof, is held by the trustee or trustees, unless otherwise provided by the grantor or donor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22000. Source version: id_d09cb99d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= This part may be known and cited as the E. Richard Barnes Act and together with Part 14 (commencing with Section 26000) shall be known as the Teachers’ Retirement Law. (Amended by Stats. 1999, Ch. 939, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22001. Source version: id_5b8c8bcd-2bb1-11e3-986d-eec746dc55f1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= In order to provide a financially sound plan for the retirement, with adequate retirement allowances, of teachers in the public schools of this state, teachers in schools supported by this state, and other persons employed in connection with the schools, the State Teachers’ Retirement System is established. The system is a unit of the Government Operations Agency. (Amended by Stats. 2013, Ch. 352, Sec. 68. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22001.5. Source version: id_09e19a07-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= The Legislature hereby finds and declares that on July 1, 1996, the State Teachers’ Retirement System Cash Balance Plan was created and established to provide a retirement plan for persons employed by an employer offering the Cash Balance Plan, excluding community college districts, to perform creditable service for less than 50 percent of the full-time equivalent for the position or employed by a community college district offering the Cash Balance Plan to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5, or employed by an employer offering the Cash Balance Plan to perform creditable service as a substitute employee. The persons eligible for the Cash Balance Plan were excluded from mandatory membership in the State Teachers’ Retirement System Defined Benefit Plan. Both plans are administered by the Teachers’ Retirement Board. Prior to the creation and establishment of the Cash Balance Plan, the State Teachers’ Retirement System Defined Benefit Plan had been identified simply as the State Teachers’ Retirement System. As a result, the system was identified as both the administrative body and the retirement plan. The State Teachers’ Retirement Law was amended to identify the retirement plan as the State Teachers’ Retirement System Defined Benefit Plan in order to distinguish that plan from the Cash Balance Plan. Because both plans were intended to provide for the retirement of teachers and other persons employed in connection with public schools of this state and schools supported by this state, a merger of these two plans is now hereby made for the purpose of establishing a single retirement plan that shall be known and may be cited as the State Teachers’ Retirement Plan consisting of the different benefit programs set forth in this part and Part 14 (commencing with Section 26000). This plan shall be administered by the Teachers’ Retirement Board as set forth in this part and Part 14 (commencing with Section 26000). This part, together with Part 14 (commencing with Section 26000) shall be known and may be cited as the Teachers’ Retirement Law. (Amended by Stats. 2015, Ch. 123, Sec. 1. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22002. Source version: id_d09cb9a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= The Legislature recognizes that the assets of the State Teachers’ Retirement Plan with respect to the Defined Benefit Program are insufficient to meet the obligations of that program already accrued or to accrue in the future with respect to service credited to members of that program prior to July 1, 1972. Therefore, the Legislature declares the following policies with respect to the financing of the Defined Benefit Program of the State Teachers’ Retirement Plan: (a) Members shall contribute a percentage of creditable compensation, unless otherwise specified in this part. (b) Employers shall contribute a percentage of the total creditable compensation on which member contributions are based. (c) The state shall contribute a sum certain for a given number of years for the purpose of payment of benefits under this part. (Amended by Stats. 1998, Ch. 965, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22002.5. Source version: id_9d624030-fe74-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= The Legislature finds and declares all of the following: (a) The current and projected assets of the State Teachers’ Retirement Plan administered by the State Teachers’ Retirement System with respect to the Defined Benefit Program are insufficient to meet the obligations of that program already accrued or projected to be accrued in the future with respect to service credited to members of that program before July 1, 2014. (b) Various legal rulings have determined that vested contractual rights of existing members generally cannot be changed without providing a comparable new advantage. (c) The improvement factor currently provided under the Defined Benefit Program pursuant to Sections 22140 and 22141, as those sections read before July 1, 2014, is not a contractually enforceable promise. (d) The Legislature hereby increases the contributions of active members by an amount not to exceed the normal cost of the improvement factor, providing a comparable new advantage by removing the statutory right to adjust the improvement factor, and thereby establishing the improvement factor as a contractually enforceable promise. (e) The statutory changes adopted by the act that added this section address the long-term funding needs of the Defined Benefit Program in a manner that allocates increased contributions among members of the system and school employers, consistent with the contractual rights of existing members. (f) The provisions of the act that added this section were based on various legal understandings and would not have been adopted without those understandings. The new obligations and benefits provided in Sections 7 and 9 of the act adding this section are contingent on those legal understandings being accurate. Thus if there is a final unappealable judicial decision that holds that the increased contributions in Section 22950.5 constitute a new functional responsibility for schools and community colleges pursuant to subdivision (c) of Section 41204, and correspondingly require an adjustment pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, or a final unappealable administrative or judicial decision that holds that the increased contributions in Section 22950.5 constitutes a reimbursable mandate pursuant to Article XIII B of the California Constitution, then it is the intent of the Legislature that the provisions added by the act adding this section shall cease to be effective. (g) It is in the public interest and a matter of urgency to authorize, and to implement as soon as possible, a remedy to the funding problem of the system. This remedy is necessary to ensure that funds will be available to support a pension system upon which hundreds of thousands of teachers rely and for which the current funding structure raises significant fiscal policy concerns. (h) It is of great importance to the state, the system, and school districts that there not be long term doubt about the feasibility of the solutions provided in the act that added this section. In order to fulfill the important objective of facilitating the system’s and school districts’ financial transactions the legality of the act that added this section must be quickly affirmed. The system, school districts, and teachers need to settle promptly all questions about the validity of each other’s duties and obligations under this statute. (i) It is well-established that the terms and conditions of public retirement plans generally are established by statute or other comparable enactment rather than by contract. Statutes governing the terms of compensation and deferred compensation of public employees are thus significant financial obligations contemplated and covered by Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 2014, Ch. 47, Sec. 1. (AB 1469) Effective June 24, 2014. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22003. Source version: id_d09cb9a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= The revision of the State Teachers’ Retirement Law, enacted at the 1971 and 1972 Regular Sessions of the Legislature, shall not be construed to affect benefits of persons retired prior to July 1, 1972, or their beneficiaries, except as specifically provided. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22004. Source version: id_d09cb9a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= If the provisions of this part are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22005. Source version: id_d09e4049-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= The right of a person to a pension, retirement allowance, return of contributions, any optional benefit, or any other right accrued or accruing to any person under this part is exempt from taxation, including any inheritance tax, whether state, county, municipal, or district. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22006. Source version: id_d09e404b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= The right of a person to an annuity or a retirement allowance, to the return of contributions, the annuity, or retirement allowance itself, any optional benefit, any other right or benefit accrued or accruing to any person under this part, and the moneys in the fund created under this part are not subject to execution or any other process whatsoever, except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and are unassignable except as specifically provided in this part. (Amended by Stats. 1996, Ch. 634, Sec. 2. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22007. Source version: id_d09e404d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= The obligations of any member, or the member’s beneficiaries, to this system and the Defined Benefit Program continue throughout membership, and thereafter until all of the obligations of this system and the Defined Benefit Program to or in respect to the member or the member’s beneficiaries have been discharged. (Amended by Stats. 1999, Ch. 939, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22007.5. Source version: id_44a76fb2-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= Except as excluded by subdivision (d) of Sections 22661 and 23812, subdivision (e) of Section 24300.1, subdivision (d) of Section 25011.1, subdivision (c) of Section 25018.1, subdivision (d) of Section 26807.5, and subdivision (c) of Section 26906.5, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a “spouse,” as defined in Section 22171. (Amended by Stats. 2013, Ch. 558, Sec. 1. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22008. Source version: id_d09e404f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= For the purposes of payments into or out of the retirement fund for adjustments of errors or omissions with respect to the Defined Benefit Program or the Defined Benefit Supplement Program, the period of limitation of actions shall be applied, except as provided in Sections 23302 and 24613, as follows: (a) No action may be commenced by or against the board, the system, or the plan more than three years after all obligations to or on behalf of the member, former member, beneficiary, or annuity beneficiary have been discharged. (b) If the system makes an error that results in incorrect payment to a member, former member, beneficiary, or annuity beneficiary, the system’s right to commence recovery shall expire three years from the date the incorrect payment was made. (c) If an incorrect payment is made due to lack of information or inaccurate information regarding the eligibility of a member, former member, beneficiary, or annuity beneficiary to receive benefits under the Defined Benefit Program or Defined Benefit Supplement Program, the period of limitation shall commence with the discovery of the incorrect payment. (d) Notwithstanding any other provision of this section, if an incorrect payment has been made on the basis of fraud or intentional misrepresentation by a member, beneficiary, annuity beneficiary, or other party in relation to or on behalf of a member, beneficiary, or annuity beneficiary, the three-year period of limitation shall not be deemed to commence or to have commenced until the system discovers the incorrect payment. (e) The collection of overpayments under subdivisions (b), (c), and (d) shall be made pursuant to Section 24617. (Amended by Stats. 2000, Ch. 74, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22009. Source version: id_d09e4051-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= If any provision of this part or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22010. Source version: id_7b60823c-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= (a) It is unlawful for a person to do any of the following: (1) Make, or cause to be made, any knowingly false material statement or material representation, to knowingly fail to disclose a material fact, or to otherwise provide false information with the intent to use it, or allow it to be used, to obtain, receive, continue, increase, deny, or reduce any benefit administered by this system. (2) Present, or cause to be presented, any knowingly false material statement or material representation for the purpose of supporting or opposing an application for any benefit administered by this system. (3) Knowingly accept or obtain payment from this system with knowledge that the recipient is not entitled to the payment under the provisions of this part or Part 14 (commencing with Section 2600) and with the intent to retain the payment for personal use or benefit. (4) Knowingly aid, abet, solicit, or conspire with any person to do an act prohibited by this section. (b) For purposes of this section, “statement” includes, but is not limited to, any oral or written application for benefits, report of family relationship, report of injury or physical or mental limitation, hospital records, test results, physician reports, or other medical records, employment records, duty statements, reports of compensation, or any other evidence material to the determination of a person’s initial or continued eligibility for a benefit or the amount of a benefit administered by this system. (c) A person who violates any provision of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine. (d) A person violating any provision of this section may be required by the court in a criminal action to make restitution to this system, or to any other person determined by the court, for the amount of the benefit unlawfully obtained, unless the court finds that restitution, or a portion of it, is not in the interests of justice. Any restitution order imposed pursuant to this section shall be satisfied before any criminal fine imposed under this section may be collected. (e) The provisions provided by this section are cumulative and shall not be construed as restricting the application of any other law. (Added by Stats. 2008, Ch. 369, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 1. General Provisions [22000 - 22011] SECTION 22011. Source version: id_b3367f73-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=1.&article= For an application or document requiring a signature, that signature shall be in a form prescribed by the system, including, but not limited to, on paper or made by electronic means. Notwithstanding any other law, an application or document made under this part, Part 13.5 (commencing with Section 25900), or Part 14 (commencing with Section 26000) that is signed and submitted by the person authorized to do so using technology and security measures prescribed by the system shall be deemed to be a signed and valid original document. (Amended by Stats. 2021, Ch. 186, Sec. 1. (SB 634) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22500. Source version: id_d0e49803-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= All persons who were members of the California State Teachers’ Retirement System on June 30, 1996, are members of the Defined Benefit Program under the plan, in accordance with Section 401(a) of the Internal Revenue Code of 1986, as amended. (Amended by Stats. 2000, Ch. 1025, Sec. 17. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22501. Source version: id_dee8ea16-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a full-time basis shall become a member as of the first day of employment, unless excluded from membership pursuant to Section 22601. (b) Creditable service in more than one position shall not be aggregated for the purpose of determining mandatory membership under this section. (c) This section shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 2020, Ch. 275, Sec. 7. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22502. Source version: id_1862d4b1-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) (1) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time basis for 50 percent or more of the time the employer requires for the full-time position shall become a member as of the first day of employment, unless excluded from membership pursuant to Section 22601. (2) Creditable service in more than one position shall not be aggregated for the purpose of determining mandatory membership under this subdivision. (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a community college district to perform creditable service shall become a member as of the first day of employment, unless excluded from membership pursuant to Section 22601 or subdivision (b) of Section 22601.5. (Amended by Stats. 2019, Ch. 318, Sec. 2. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22503. Source version: id_23434133-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a substitute basis shall become a member as of the first day of the pay period following the pay period in which the person performs the person’s 100th complete day of creditable service during a school year for one school district or county office of education, unless excluded from membership pursuant to Section 22601. (b) This section does not apply to creditable service performed for an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (c) This section is deemed to have become operative on July 1, 1996. (Amended by Stats. 2019, Ch. 318, Sec. 3. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22504. Source version: id_2e702005-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time hourly basis shall become a member as of the first day of the pay period following the pay period in which the person performs 60 or more hours of creditable service for one school district or county office of education, unless excluded from membership pursuant to Section 22601. (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time daily basis shall become a member as of the first day of the pay period following the pay period in which the person performs 10 or more days of creditable service for one school district or county office of education, unless excluded from membership pursuant to Section 22601. (c) This section does not apply to creditable service performed for an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (Amended by Stats. 2019, Ch. 318, Sec. 4. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22508. Source version: id_8d6f27cf-fccc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) A member who becomes employed by the same or a different school district or community college district, or a county superintendent, or who becomes employed by the state in a position described in subdivision (b), to perform service that requires membership in a different public retirement system, and who is not excluded from membership in that public retirement system, may elect to have that service subject to coverage by the Defined Benefit Program of this plan and excluded from coverage by the other public retirement system. If that election is made, the service performed for the employer in that position as of the date of hire shall be considered creditable service for purposes of this part. (b) Subdivision (a) shall apply to a member who becomes employed by the state only if the member is also one of the following: (1) Represented by a state bargaining unit that represents educational consultants, professional educators, or librarians employed by the state. (2) Excluded from the definition of “state employee” in subdivision (c) of Section 3513 of the Government Code, but performing, supervising, or managing work similar to work performed by employees described in paragraph (1). (3) In a position not covered by civil service and in the executive branch of government, but performing, supervising, or managing work similar to work performed by employees described in paragraph (1). (c) A member of the Public Employees’ Retirement System who is subsequently employed to perform creditable service requiring coverage by the Defined Benefit Program of this plan may elect to have that subsequent service subject to coverage by the Public Employees’ Retirement System and excluded from coverage by the Defined Benefit Program pursuant to Section 20309 of the Government Code. (d) An election made by a member pursuant to this section shall be irrevocable. (Amended by Stats. 2018, Ch. 416, Sec. 8. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22508.5. Source version: id_ce96c650-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) Any person who is a member of the Defined Benefit Program of the State Teachers’ Retirement Plan employed by a community college district who subsequently is employed by the Board of Governors of the California Community Colleges to perform duties that are subject to membership in a different public retirement system may elect to have that service subject to coverage by the Defined Benefit Program of this plan and excluded from coverage by the other public retirement system. Only a person who has achieved plan vesting is eligible to elect to continue as a member of the program. (b) A member of the Public Employees’ Retirement System who is employed by the Board of Governors of the California Community Colleges who subsequently is employed by a community college district to perform creditable service subject to coverage under the Defined Benefit Program, may elect to have that service subject to coverage by the Public Employees’ Retirement System and excluded from coverage under the Defined Benefit Program pursuant to Section 20309 of the Government Code. (c) This section shall apply to changes in employment effective on or after January 1, 1998. (Amended by Stats. 2016, Ch. 218, Sec. 12. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22508.6. Source version: id_d0e61eb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) Any person who is a member of the Defined Benefit Program and who subsequently became employed and continues to be employed by the state to perform service that requires membership in the Public Employees’ Retirement System and who meets the requirements of subdivision (b) may elect to have that state service subject to coverage by the Defined Benefit Program and excluded from coverage by the Public Employees’ Retirement System. (b) (1) Only a person who has achieved program vesting shall be eligible to make the election under this section. (2) A person is eligible to make the election if he or she left employment with a school district, county superintendent of schools, or community college district and began employment with the state within 30 days without any intervening employment and that change in employment occurred on or after July 1, 1991, and prior to the effective date of this section. (3) A person is eligible to make the election if, at the time of the election, he or she is a member of the Public Employees’ Retirement System subject to Second Tier benefits and is one of the following: (A) Represented by a State Bargaining Unit that has agreed by a memorandum of understanding to become subject to Section 20309.5 of the Government Code. (B) Excluded from the definition of “state employee” in subdivision (c) of Section 3513 of the Government Code, but performing, supervising, or managing work similar to work performed by employees described in subparagraph (A). (C) In a position not covered by civil service and in the executive branch of government, but performing, supervising, or managing work similar to work performed by employees described in subparagraph (A). (c) The election under this section shall be made in writing to each system within 90 days after the effective date of this section or within 60 days after the eligible member is notified by the system of his or her right to make the election, whichever is later. The member’s election shall be effective on the day following the date on which the election is received by the Public Employees’ Retirement System. (d) If the election is made, the state service performed from and after the date of the election shall be considered creditable service for purposes of this part and the provisions of Section 22801.5 shall be applicable with respect to service performed prior to that date. (Added by Stats. 2000, Ch. 402, Sec. 2. Effective September 11, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22508.7. Source version: id_0f2e3fd7-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) This section shall apply to service deemed creditable service pursuant to subdivision (a) of Section 22119.6 and a person who performs that service. (b) (1) A member, including a member who retires on or before December 31, 2015, may elect to have all of that service subject to coverage by a different public retirement system and excluded from coverage by the Defined Benefit Program, if the member is not excluded from coverage by that public retirement system. (2) If an election is made pursuant to this subdivision, all of the following shall apply: (A) All service that was subject to coverage by the Defined Benefit Program shall be subject to coverage by the other public retirement system, if the member is not excluded from coverage by that public retirement system. (B) Any member contributions and credited interest, as determined by the system, and employer contributions, less any amounts previously paid to the person, shall be returned to the employer for that service, with the system recovering from the person any amounts that were paid to the person and not recovered from withheld member contributions, credited interest, or employer contributions. (C) Any amounts not recovered pursuant to subparagraph (B) shall be paid in full by the member before his or her service can be subject to coverage by the other public retirement system. (3) If an election is made pursuant to this subdivision, the following shall apply: (A) A member not subject to the California Public Employees’ Pension Reform Act of 2013 in the Defined Benefit Program shall not be subject to that act in the other public retirement system. (B) A member subject to the California Public Employees’ Pension Reform Act of 2013 in the Defined Benefit Program shall be subject to that act in the other public retirement system. (4) If an election is not made pursuant to this subdivision, all service performed shall continue to be subject to coverage by the Defined Benefit Program until the member becomes employed pursuant to subdivision (b) of Section 22119.6. (c) (1) A person who had service removed from the system and reported to a different public retirement system, as directed by the system, including a person who is receiving a benefit on or before December 31, 2015, may elect to have all of that service and subsequent service in the same position subject to coverage by the Defined Benefit Program and excluded from coverage by the other public retirement system. (2) If an election is made pursuant to this subdivision, all of the following shall apply: (A) All of that service and subsequent service in the same position that was subject to coverage by the other public retirement system shall be subject to coverage by the Defined Benefit Program and reported to the system pursuant to Chapter 17 (commencing with Section 23000). (B) Any employee and employer contributions for that service and subsequent service in the same position shall be remitted to the system pursuant to Chapter 17 (commencing with Section 23000). (3) If an election is made pursuant to this subdivision, the following shall apply: (A) A person not subject to the California Public Employees’ Pension Reform Act of 2013 in the other public retirement system shall not be subject to that act in the Defined Benefit Program. (B) A person subject to the California Public Employees’ Pension Reform Act of 2013 in the other public retirement system shall be subject to that act in the Defined Benefit Program. (4) If an election is not made pursuant to this subdivision, all service performed will continue to be subject to coverage by the other public retirement system. (d) The election shall be made in writing and filed with the office of the system on a form prescribed by the system on or before June 30, 2016, and a copy of the election shall be filed with the other public retirement system. (e) Only a person who has performed service creditable under subdivision (a) of Section 22119.6 can make an election under this section. (f) An election made pursuant to this section shall be irrevocable. (g) The board shall be under no obligation to identify, locate, or notify a person who has performed service creditable pursuant to subdivision (a) of Section 22119.6 and is eligible to make an election pursuant to this section. (Added by Stats. 2015, Ch. 782, Sec. 9. (AB 963) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22509. Source version: id_e07a5f88-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) Within 10 working days of the date of hire of an employee who has the right to make an election pursuant to Section 22508 or 22508.5, the employer shall inform the employee of the right to make an election and shall make available to the employee written information provided by each retirement system concerning the benefits provided under that retirement system to assist the employee in making an election. (b) Any election made pursuant to subdivision (a) of Section 22508 or subdivision (a) of Section 22508.5 shall be made in writing on a properly executed form prescribed by the system within 60 calendar days from the date of hire in the position requiring membership in the other public retirement system and shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature. The employer shall retain a copy of the employee’s signed election form and submit the original signed election form to the system’s headquarters office. (c) Any election made pursuant to subdivision (c) of Section 22508 or subdivision (b) of Section 22508.5 shall be filed with the office of the Public Employees’ Retirement System. (d) Any election made pursuant to Section 22508 or Section 22508.5 shall become effective as of the first day of employment in the position that qualified the employee to make an election. (Amended by Stats. 2020, Ch. 275, Sec. 8. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22515. Source version: id_d00d9953-fccc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) Persons excluded from membership pursuant to Sections 22601.5, 22602, and 22604 may elect membership in the Defined Benefit Program at any time while employed to perform creditable service subject to coverage under that program. (b) The election shall be in writing on a properly executed form prescribed by this system and shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature and prior to submission of contributions. Membership in the Defined Benefit Program shall become effective no earlier than the first day of the pay period in which the election is made. The election is irrevocable and shall remain in effect until the member terminates employment and receives a refund of accumulated retirement contributions. (c) The amendments to this section enacted during the 1995–96 Regular Session shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 2018, Ch. 416, Sec. 10. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 10. Membership [22500 - 22516] SECTION 22516. Source version: id_af12f76e-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=10.&article= (a) Nothing in this chapter shall be construed or applied to exclude from membership in the Defined Benefit Program any person employed to perform creditable service at a level that requires mandatory membership in the program for which he or she has the right to elect membership in the program or another retirement system and who elects membership in the other retirement system, or who is employed to perform creditable service at a level that does not require mandatory membership in the Defined Benefit Program. (b) Service performed after becoming a member of another retirement system shall not be credited to the member under this part, nor shall contributions or benefits under this part be based upon that service or the compensation received by the member during that period of service, except as provided in the definition of “final compensation” contained in Section 22134 or 22134.5. (Amended by Stats. 2014, Ch. 755, Sec. 15. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 11. Exclusions from Membership [22601 - 22604] SECTION 22601. Source version: id_d0e92c05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=11.&article= Persons serving as exchange teachers or sojourn teachers from outside of this state are excluded from membership in the plan. (Amended by Stats. 1996, Ch. 634, Sec. 114. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 11. Exclusions from Membership [22601 - 22604] SECTION 22601.5. Source version: id_3a217117-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=11.&article= (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time basis for less than 50 percent of the time the employer requires for the full-time position is excluded from mandatory membership in the Defined Benefit Program. (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a community college district to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5 is excluded from mandatory membership in the Defined Benefit Program. (c) Creditable service performed by a person who is excluded from mandatory membership in the Defined Benefit Program pursuant to this section shall be subject to coverage by the Cash Balance Benefit Program pursuant to Section 26400 if the employer provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (Amended by Stats. 2019, Ch. 318, Sec. 5. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 11. Exclusions from Membership [22601 - 22604] SECTION 22602. Source version: id_457f9919-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=11.&article= (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a substitute basis and performs less than 100 complete days of creditable service during a school year for one school district or county office of education is excluded from mandatory membership in the Defined Benefit Program. This subdivision shall only apply to persons who are employed to perform creditable service by an employer that does not provide the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a substitute basis is excluded from mandatory membership in the Defined Benefit Program, and creditable service performed shall be subject to coverage by the Cash Balance Benefit Program pursuant to Section 26400 if employed by an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (c) The amendments to this section enacted during the 1995–96 Regular Session shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 2019, Ch. 318, Sec. 6. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 11. Exclusions from Membership [22601 - 22604] SECTION 22604. Source version: id_50e9a7fb-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=11.&article= (a) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time hourly basis and who performs less than 60 hours of creditable service in a pay period for one school district or county office of education is excluded from mandatory membership in the Defined Benefit Program. This subdivision shall only apply to persons who are employed to perform creditable service by an employer that does not provide the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (b) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time daily basis and who performs less than 10 days of creditable service in a pay period for one school district or county office of education is excluded from mandatory membership in the Defined Benefit Program. This subdivision shall only apply to persons who are employed to perform creditable service by an employer that does not provide the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (c) Any person who is not already a member of the Defined Benefit Program and who is employed by a school district or county office of education to perform creditable service on a part-time hourly or part-time daily basis is excluded from mandatory membership in the Defined Benefit Program, and any creditable service performed shall be subject to coverage by the Cash Balance Benefit Program pursuant to Section 26400 if employed by an employer that provides the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (Amended by Stats. 2019, Ch. 318, Sec. 7. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22650. Source version: id_0aa8d2fd-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) This chapter establishes the power of a court in a dissolution of marriage or legal separation action with respect to community property rights in accounts with the plan under this part and establishes and defines the rights of nonmember spouses and nonmember registered domestic partners in the plan under this part. (b) For purposes of this chapter, the termination, dissolution, or nullity of a registered domestic partnership, or the legal separation of partners in a registered domestic partnership, as provided in Section 299 of the Family Code, shall be treated in the same manner as a dissolution of marriage or legal separation of a member and his or her spouse. (Amended by Stats. 2005, Ch. 418, Sec. 4. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22651. Source version: id_0af51e3f-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) For purposes of this chapter and Section 23300, “nonmember spouse” means a member’s spouse or former spouse, and also includes a member’s registered domestic partner or former registered domestic partner, who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part. (b) For purposes of this chapter and Section 23300, a member’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part shall be treated in the same manner as a nonmember spouse. (c) A nonmember spouse shall not be considered a member based upon his or her receipt of any of the following being awarded to the nonmember spouse as a result of legal separation or dissolution of marriage: (1) A separate account of service credit and accumulated retirement contributions, a retirement allowance, or an interest in the member’s retirement allowance under the Defined Benefit Program. (2) A separate account based on the member’s Defined Benefit Supplement account balance, a retirement benefit, or an interest in the member’s retirement benefit under the Defined Benefit Supplement Program. (Amended by Stats. 2005, Ch. 418, Sec. 5. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22652. Source version: id_d0eab2b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) Upon the legal separation or dissolution of marriage of a member, other than a retired member, the court shall include in the judgment or a court order the date on which the parties separated. (b) The court may order in the judgment or court order that the member’s accumulated retirement contributions and service credit under the Defined Benefit Program, or the member’s Defined Benefit Supplement account balance, or both, under this part that are attributable to periods of service during the marriage be divided into two separate and distinct accounts in the name of the member and the nonmember spouse, respectively. Any service credit and accumulated retirement contributions under the Defined Benefit Program and any accumulated Defined Benefit Supplement account balance under this part that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the member under the Defined Benefit Program or the Defined Benefit Supplement Program, as applicable. (c) The determination of the court of community property rights pursuant to this section shall be consistent with this chapter and shall address the rights of the nonmember spouse under this part, including, but not limited to, the following: (1) The right to a retirement allowance under the Defined Benefit Program and, if applicable, a retirement benefit under the Defined Benefit Supplement Program. (2) The right to a refund of accumulated retirement contributions under the Defined Benefit Program and the return of the accumulated Defined Benefit Supplement account balance that were awarded to the nonmember spouse. (3) The right to redeposit all or a portion of accumulated retirement contributions previously refunded to the member which the member is eligible to redeposit pursuant to Sections 23200 to 23203, inclusive, and shall specify the shares of the redeposit amount awarded to the member and the nonmember spouse. (4) The right to purchase additional service credit that the member is eligible to purchase pursuant to Sections 22800 to 22810, inclusive, and shall specify the shares of the additional service credit awarded to the member and the nonmember spouse. (Amended by Stats. 2000, Ch. 1021, Sec. 19.5. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22653. Source version: id_d0eab2b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) The nonmember spouse who is awarded a separate account under this part pursuant to Section 22652 is not a member of the Defined Benefit Program based on that award. The nonmember spouse is entitled only to rights and benefits based on that award explicitly established by this chapter. (b) This section shall not be construed to limit any right arising from the account of a nonmember spouse under this part that exists because the nonmember spouse is or was employed to perform creditable service subject to coverage by the Defined Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 62. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22655. Source version: id_b6404700-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) Upon the legal separation or dissolution of marriage of a retired member, the court may include in the judgment or court order a determination of the community property rights of the parties in the retired member’s retirement allowance and, if applicable, retirement benefit under this part consistent with this section. Upon election under subparagraph (B) of paragraph (3) of subdivision (a) of Section 2610 of the Family Code, the court order awarding the nonmember spouse a community property share in the retirement allowance or retirement benefit, or both, of a retired member shall be consistent with this section. (b) If the court does not award the entire retirement allowance or retirement benefit under this part to the retired member and the retired member is receiving a retirement allowance that has not been modified pursuant to Section 24300 or 24300.1, a single life annuity pursuant to Section 25011 or 25018, or a member only annuity described in paragraph (1) of subdivision (a) of Sections 25011.1 and 25018.1, the court shall require only that the system pay the nonmember spouse, by separate warrant, his or her community property share of the retired member’s retirement allowance or retirement benefit, or both, under this part. (c) If the court does not award the entire retirement allowance or retirement benefit under this part to the retired member and the retired member is receiving an allowance that has been actuarially modified pursuant to Section 24300 or 24300.1, or a joint and survivor annuity pursuant to Section 25011, 25011.1, 25018, or 25018.1, the court shall order only one of the following: (1) The retired member shall maintain the retirement allowance or joint and survivor annuity, or both, under this part without change. (2) The retired member shall cancel the option that modified the retirement allowance under this part pursuant to Section 24322 and elect a new joint and survivor option or designate a new beneficiary or both, and the system shall pay the nonmember spouse, by separate warrant, his or her community property share of the retirement allowance payable to the retired member, the option beneficiary, or both. (3) The retired member shall cancel the joint and survivor annuity under which the retirement benefit is being paid pursuant to Section 24324, and elect a new joint and survivor annuity or designate a new annuity beneficiary or both, based on the actuarial equivalent of the member’s canceled annuity, and the system shall pay the nonmember spouse, by separate warrant, his or her community property share of the retirement benefit payable to the retired member, the annuity beneficiary, or both. (4) The retired member shall take the action specified in both paragraphs (2) and (3). (5) The retired member shall cancel the option that modified the retirement allowance under this part pursuant to Section 24322 and elect an unmodified retirement allowance and the system shall pay the nonmember spouse, by separate warrant, his or her community property share of the retired member’s retirement allowance under this part. (6) The retired member shall cancel, pursuant to Section 24324, the joint and survivor annuity under which the retirement benefit is being paid, and elect a single life annuity, and the system shall pay the nonmember spouse, by separate warrant, his or her community property share of the retirement benefit payable to the retired member. (7) The retired member shall take the action specified in both paragraphs (5) and (6). (d) If the option beneficiary or annuity beneficiary or both under this part, other than the nonmember spouse, predeceases the retired member, the court shall order the retired member to designate a new option beneficiary pursuant to Section 24323, or a new annuity beneficiary pursuant to Section 24324 and shall order the system to pay the nonmember spouse, by separate warrant, his or her share of the community property interest in the retirement allowance or retirement benefit payable to the retired member or the new option beneficiary or annuity beneficiary or each of them. (e) The right of the nonmember spouse to receive his or her community property share of the retired member’s retirement allowance or retirement benefit or both under this section shall terminate upon the death of the nonmember spouse. However, the nonmember spouse may designate a beneficiary under the Defined Benefit Program and a payee under the Defined Benefit Supplement Program to receive his or her community property share of the retired member’s accumulated retirement contributions and accumulated Defined Benefit Supplement account balance under this part in the event that there are remaining accumulated retirement contributions and a balance of credits in the member’s Defined Benefit Supplement account to be paid upon the death of the nonmember spouse. (Amended by Stats. 2014, Ch. 755, Sec. 16. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22656. Source version: id_d0ec3959-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= No judgment or court order issued pursuant to this chapter is binding on the system with respect to the Defined Benefit Program or the Defined Benefit Supplement Program until the system has been joined as a party to the action and has been served with a certified copy of the judgment or court order. (Amended by Stats. 2000, Ch. 1021, Sec. 21. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22657. Source version: id_3da17e78-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) The following provisions shall apply to a nonmember spouse as if he or she were a member under this part: Sections 22107, 22306, 22906, and 23802, subdivisions (a) and (b) of Section 24600, and Sections 24601, 24602, 24603, 24605, 24606, 24607, 24608, 24611, 24612, 24613, 24616, 24617, 25009, 25010, 25011, 25011.1, 25013, 25020, 25021, and 25022. (b) Notwithstanding subdivision (a), this section shall not be construed to establish any right for the nonmember spouse under this part that is not explicitly established in Sections 22650 to 22655, inclusive, and Sections 22658 to 22665, inclusive. (Amended by Stats. 2006, Ch. 655, Sec. 10. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22658. Source version: id_d0ec395d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) A separate account awarded to a nonmember spouse pursuant to Section 22652 shall be administered independently of the member’s account. (b) An accumulated Defined Benefit Supplement account balance, accumulated retirement contributions, service credit, and final compensation attributable to a separate account of a nonmember spouse under this part shall not be combined in any way or for any purpose with the accumulated Defined Benefit Supplement account balance, accumulated retirement contributions, service credit, and final compensation of any other separate account of the nonmember spouse. (c) An accumulated Defined Benefit Supplement account balance, accumulated retirement contributions, service credit, and final compensation attributable to the separate account of a nonmember spouse shall not be combined in any way or for any purpose with the accumulated Defined Benefit Supplement account balance, accumulated retirement contributions, service credit, and final compensation of an account that exists under this part because the nonmember spouse is employed or has been employed to perform creditable service subject to coverage under the Defined Benefit Program or the Defined Benefit Supplement Program. (Amended by Stats. 2000, Ch. 74, Sec. 37. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22659. Source version: id_d0ec395f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= Upon being awarded a separate account or an interest in the retirement allowance or retirement benefit of a retired member under this part, a nonmember spouse shall provide the system with proof of his or her date of birth, social security number, and any other information requested by the system, in the form and manner requested by the system. (Amended by Stats. 2000, Ch. 1021, Sec. 22. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22660. Source version: id_acf9f352-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) The nonmember spouse who is awarded a separate account under this part shall have the right to designate, pursuant to Sections 23300 to 23304, inclusive, a beneficiary or beneficiaries to receive the accumulated retirement contributions under the Defined Benefit Program and to designate a payee to receive the remaining balance of payments for a period-certain annuity, or the accumulated Defined Benefit Supplement account balance under the Defined Benefit Supplement Program remaining in the separate account of the nonmember spouse on his or her date of death, and any accrued allowance or accrued benefit under the Defined Benefit Supplement Program that is attributable to the separate account of the nonmember spouse and that is unpaid on the date of the death of the nonmember spouse. (b) This section shall not be construed to provide the nonmember spouse with any right to elect to modify a retirement allowance under Section 24300 or 24300.1, or to elect a joint and survivor annuity under the Defined Benefit Supplement Program. (Amended by Stats. 2017, Ch. 298, Sec. 3. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22661. Source version: id_581ef50a-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= (a) The nonmember spouse who is awarded a separate account under this part shall have the right to a refund of the accumulated retirement contributions in the account under the Defined Benefit Program, and a return of the Defined Benefit Supplement account balance, of the nonmember spouse under this part. (b) The nonmember spouse shall file an application on a form provided by the system to obtain a refund or lump-sum payment. (c) Except as provided in subdivision (i), the refund of accumulated retirement contributions in the account under the Defined Benefit Program and the return of the accumulated Defined Benefit Supplement account balance under this part are effective when the system deposits in the United States mail an initial warrant drawn in favor of the nonmember spouse and addressed to the latest address for the nonmember spouse on file with the system. (d) Except as provided in subdivision (i), if the nonmember spouse has elected on a form provided by the system to transfer all or a specified portion of the accumulated retirement contributions or accumulated Defined Benefit Supplement account balance that are eligible for direct trustee-to-trustee transfer to the trustee of a qualified plan under Section 402 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 402), deposit in the United States mail of a notice that the requested transfer has been made constitutes a refund of the nonmember spouse’s accumulated retirement contributions as defined in Section 22161.5 or the return of the accumulated Defined Benefit Supplement account balance. This subdivision shall not apply to a nonmember domestic partner, consistent with Section 402 of the Internal Revenue Code. (e) The nonmember spouse is deemed to have permanently waived all rights and benefits pertaining to the service credit, accumulated retirement contributions, and accumulated Defined Benefit Supplement account balance under this part when the refund and lump-sum payment become effective. (f) The nonmember spouse may not cancel a refund or lump-sum payment under this part after it is effective. (g) The nonmember spouse shall not have a right to elect to redeposit the refunded accumulated retirement contributions under this part after the refund is effective, to redeposit under Section 22662 or purchase additional service credit under Section 22663 after the refund becomes effective, or to redeposit the accumulated Defined Benefit Supplement account balance after the lump-sum payment becomes effective. (h) If the total service credit in the separate account of the nonmember spouse under the Defined Benefit Program, including service credit purchased under Sections 22662 and 22663, is less than two and one-half years, the system shall refund the accumulated retirement contributions in the account. (i) The mode of deposit described in subdivision (c) and the mode of notice described in subdivision (d) are subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 3. (AB 989) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22662. Source version: id_bc59b592-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= The nonmember spouse who is awarded a separate account under the Defined Benefit Program may redeposit accumulated retirement contributions previously refunded to the member in accordance with the determination of the court pursuant to Section 22652. (a) The nonmember spouse may redeposit under the Defined Benefit Program only those accumulated retirement contributions that were previously refunded to the member and in which the court has determined the nonmember spouse has a community property interest. (b) The nonmember spouse shall inform the system in writing of his or her intent to redeposit within 180 days after the judgment or court order that specifies the redeposit rights of the nonmember spouse is entered. Except as provided in subdivision (g), the nonmember spouse’s election to redeposit shall be made on a form provided by the system within 30 days after the system mails an election form and the billing. (c) If the nonmember spouse elects to redeposit under the Defined Benefit Program, he or she shall repay all or a portion of the member’s refunded accumulated retirement contributions that were awarded to the nonmember spouse and shall pay regular interest from the date of the refund to the date payment of the redeposit is completed. (d) All payments shall be received by the system before the effective date of the nonmember spouse’s retirement under this part. If any payment due because of the election is not received at the system’s headquarters office within 120 days of its due date, the election shall be canceled and any payments made under the election shall be returned to the nonmember spouse. (e) The right of the nonmember spouse to redeposit shall be subject to Section 23203. (f) The member shall not have a right to redeposit the share of the nonmember spouse in the previously refunded accumulated retirement contributions under this part whether or not the nonmember spouse elects to redeposit. However, any accumulated retirement contributions previously refunded under this part and not explicitly awarded to the nonmember spouse under this part by the judgment or court order shall be deemed the exclusive property of the member. (g) The measurement of time within which the election to redeposit described in subdivision (b) shall be made is subject to Section 22337. (Amended by Stats. 2014, Ch. 755, Sec. 17. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22663. Source version: id_c26149d4-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= The nonmember spouse who is awarded a separate account under this part has the right to purchase additional service credit in accordance with the determination of the court pursuant to Section 22652. (a) The nonmember spouse may purchase only the service credit that the court, pursuant to Section 22652, has determined to be the community property interest of the nonmember spouse. (b) The nonmember spouse shall inform the system in writing of his or her intent to purchase additional service credit within 180 days after the date the judgment or court order addressing the right of the nonmember spouse to purchase additional service credit is entered. Except as provided in subdivision (f), the nonmember spouse shall elect to purchase additional service credit on a form provided by the system within 30 days after the system mails an election form and billing. (c) If the nonmember spouse elects to purchase additional service credit, he or she shall pay, prior to retirement under this part, all contributions with respect to the additional service at the contribution rate for additional service credit in effect at the time of election and regular interest from July 1 of the year following the year upon which contributions are based. (1) (A) The nonmember spouse shall purchase additional service credit by paying the required contributions and interest in one lump sum, or in not more than 120 monthly installments, provided that no installment, except the final installment, is less than twenty-five dollars ($25). Regular interest shall be charged on the monthly, unpaid balance if the nonmember spouse pays in installments. (B) If any payment due, because of the election, is not received at the system’s headquarters office within 120 days of its due date, the election shall be canceled and any payments made under the election shall be returned to the nonmember spouse. (2) The contributions shall be based on the member’s compensation earnable in the most recent school year during which the member was employed, preceding the date of separation established by the court pursuant to Section 22652. (3) All payments of contributions and interest shall be received by the system before the effective date of the retirement of the nonmember spouse. (d) The nonmember spouse does not have a right to purchase additional service credit under this part after the effective date of a refund of the accumulated retirement contributions in the separate account of the nonmember spouse. (e) The member does not have a right to purchase the community property interest of the nonmember spouse of additional service credit under this part whether or not the nonmember spouse elects to purchase the additional service credit. However, any additional service credit eligible for purchase that is not explicitly awarded to the nonmember spouse by the judgment or court order shall be deemed the exclusive property of the member. (f) The measurement of time within which the election to purchase additional service credit described in subdivision (b) shall be made is subject to Section 22337. (Amended by Stats. 2014, Ch. 755, Sec. 18. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22664. Source version: id_e3122706-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= The nonmember spouse who is awarded a separate account shall have the right to a service retirement allowance and, if applicable, a retirement benefit under this part. (a) The nonmember spouse shall be eligible to retire for service under this part if the following conditions are satisfied: (1) The member had at least five years of credited service during the period of marriage, at least one year of which had been performed subsequent to the most recent refund to the member of accumulated retirement contributions. The credited service may include service credited to the account of the member as of the date of the dissolution or legal separation, previously refunded service, out-of-state service, and permissive service credit that the member is eligible to purchase at the time of the dissolution or legal separation. (2) The nonmember spouse has at least two and one-half years of credited service in his or her separate account. (3) The nonmember spouse has attained 55 years of age or more. (b) A service retirement allowance of a nonmember spouse under this part shall become effective upon a date designated by the nonmember spouse, provided: (1) The requirements of subdivision (a) are satisfied. (2) The nonmember spouse has filed an application for service retirement on a properly executed form provided by the system, that is executed no earlier than six months before the effective date of the retirement allowance. (3) The effective date is no earlier than the first day of the month that the application is received at the system’s headquarters office and the effective date is after the date the judgment or court order pursuant to Section 22652 was entered. (c) (1) Upon service retirement at normal retirement age under this part, the nonmember spouse shall receive a retirement allowance that shall consist of an annual allowance payable in monthly installments equal to 2 percent of final compensation for each year of credited service. (2) If the nonmember spouse’s retirement is effective at less than normal retirement age and between early retirement age under this part and normal retirement age, the retirement allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month, that will elapse until the nonmember spouse would have reached normal retirement age. (3) If the nonmember spouse’s service retirement is effective at an age greater than normal retirement age and is effective on or after January 1, 1999, the percentage of final compensation for each year of credited service shall be determined pursuant to the following table: Age at Retirement Percentage 60¼ ........................ 2.033 60½ ........................ 2.067 60¾ ........................ 2.10 61 ........................ 2.133 61¼ ........................ 2.167 61½ ........................ 2.20 61¾ ........................ 2.233 62 ........................ 2.267 62¼ ........................ 2.30 62½ ........................ 2.333 62¾ ........................ 2.367 63 and over ........................ 2.40 (4) In computing the retirement allowance of the nonmember spouse, the age of the nonmember spouse on the last day of the month that the retirement allowance begins to accrue shall be used. (5) Final compensation, for purposes of calculating the service retirement allowance of the nonmember spouse under this subdivision, shall be calculated according to the definition of final compensation in Section 22134, 22134.5, or 22135, whichever is applicable, and shall be based on the member’s compensation earnable up to the date the parties separated, as established in the judgment or court order pursuant to Section 22652. The nonmember spouse shall not be entitled to use any other calculation of final compensation. (d) Upon service retirement under this part, the nonmember spouse shall receive a retirement benefit based on an amount equal to the balance of credits in the nonmember spouse’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. (1) A retirement benefit shall be a lump-sum payment, or an annuity payable in monthly installments, or a combination of both a lump-sum payment and an annuity, as elected by the nonmember spouse on the application for a retirement benefit. A retirement benefit paid as an annuity under this chapter shall be subject to Sections 22660, 25011, and 25011.1. (2) Upon distribution of the entire retirement benefit in a lump-sum payment, no other benefit shall be payable to the nonmember spouse or the nonmember spouse’s beneficiary under the Defined Benefit Supplement Program. (e) If the member is or was receiving a disability allowance under this part with an effective date before or on the date the parties separated as established in the judgment or court order pursuant to Section 22652, or at any time applies for and receives a disability allowance with an effective date that is before or coincides with the date the parties separated as established in the judgment or court order pursuant to Section 22652, the nonmember spouse shall not be eligible to retire until after the disability allowance of the member terminates. If the member who is or was receiving a disability allowance returns to employment to perform creditable service subject to coverage under the Defined Benefit Program or has his or her allowance terminated under Section 24015, the nonmember spouse may not be paid a retirement allowance until at least six months after termination of the disability allowance and the return of the member to employment to perform creditable service subject to coverage under the Defined Benefit Program, or the termination of the disability allowance and the employment or self-employment of the member in any capacity, notwithstanding Section 22132. If at the end of the six-month period, the member has not had a recurrence of the original disability or has not had his or her earnings fall below the amounts described in Section 24015, the nonmember spouse may be paid a retirement allowance if all other eligibility requirements are met. (1) The retirement allowance of the nonmember spouse under this subdivision shall be calculated as follows: the disability allowance the member was receiving, exclusive of the portion for dependent children, shall be divided between the share of the member and the share of the nonmember spouse. The share of the nonmember spouse shall be the amount obtained by multiplying the disability allowance, exclusive of the portion for dependent children, by the years of service credited to the separate account of the nonmember spouse, including service projected to the date of separation, and dividing by the projected service of the member. The nonmember spouse’s retirement allowance shall be the lesser of the share of the nonmember spouse under this subdivision or the retirement allowance under subdivision (c). (2) The share of the member shall be the total disability allowance reduced by the share of the nonmember spouse. The share of the member shall be considered the disability allowance of the member for purposes of Section 24213. (f) The nonmember spouse who receives a retirement allowance is not a retired member under this part. However, the allowance of the nonmember spouse shall be increased by application of the improvement factor and shall be eligible for the application of supplemental increases and other benefit maintenance provisions under this part, including, but not limited to, Sections 24412 and 24415 based on the same criteria used for the application of these benefit maintenance increases to the service retirement allowances of members. (g) Paragraphs (1) to (3), inclusive, of subdivision (c) shall not apply to a nonmember spouse of a member subject to the California Public Employees’ Pension Reform Act of 2013. For a person who is a nonmember spouse of a member subject to the California Public Employees’ Pension Reform Act of 2013 and is awarded a separate account, the retirement allowance shall equal the percentage of final compensation for each year of credited service that is equal to the percentage specified in Section 24202.6 based on the age of the nonmember spouse on the effective date of the allowance. (Amended by Stats. 2016, Ch. 218, Sec. 15. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22665. Source version: id_d0f253ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= The system shall include the service credit awarded to a nonmember spouse in the judgment or court order to determine the eligibility of a member for a retirement or disability allowance under this part. That portion of awarded service credit based on previously refunded accumulated retirement contributions or on permissive service credit may not be used by the member for eligibility requirements until the member has redeposited or purchased his or her portion of the service credit. The member’s service retirement allowance shall be calculated based on the service credit in the member’s account on the effective date of service retirement. (Amended by Stats. 2000, Ch. 74, Sec. 43. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 12. Community Property [22650 - 22666] SECTION 22666. Source version: id_d0f253ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=12.&article= It is the intent of the Legislature to abolish any remaining application of the terminable interest doctrine in California relating to the division of public retirement benefits of a member in the event of dissolution of marriage or death if the division is made under this chapter. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22700. Source version: id_d0f3da92-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= This chapter governs the computation of service to be credited under this part to a member of the Defined Benefit Program for the purpose of determining eligibility for benefits under the program, the amount of contributions required of the member in the program, and the amount of benefits paid to a retired member under the program. (Amended by Stats. 1998, Ch. 965, Sec. 74. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22701. Source version: id_4329ffda-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) Service performed prior to July 1, 1972, shall be credited according to the provisions of law in effect at the time service was performed. (b) Creditable service performed on or after July 1, 1972, and credited under the Defined Benefit Program, shall be credited in the proportion that the member’s salary or wages, as described in Section 22119.2 or 22119.3, for that service bears to the member’s annualized pay rate. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 19. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 20 of Stats. 2024, Ch. 690.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22701. Source version: id_81d7418c-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) Service performed prior to July 1, 1972, shall be credited according to the provisions of law in effect at the time service was performed. (b) Service performed on or after July 1, 1972, and credited under the Defined Benefit Program, shall be credited in the proportion that the member’s salary or wages, as described in Section 22119.2 or 22119.3, as those sections read prior to the operative date of the act adding this section, for that service bears to the member’s annualized pay rate. (c) Service performed on or after the operative date of the act adding this section shall be credited as determined using the sum of the following, not to exceed one year in any given school year: (1) The quotient obtained when all salary, as described in clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) of Section 22119.3, is divided by the annualized pay rate of the applicable salary. (2) The quotient obtained when all supplemental pay, as described in paragraph (2) of subdivision (a) of Section 22119.3, is divided by the compensation earnable for the applicable school year. (d) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 19) and added by Stats. 2024, Ch. 690, Sec. 20. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22703. Source version: id_e9f5ea78-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) Service shall be credited to the Defined Benefit Program, except as provided in subdivision (b). (b) A member’s creditable service that exceeds 1.000 in a school year shall not be credited to the Defined Benefit Program. Commencing July 1, 2002, contributions by the employer and the member that are deposited in the Teachers’ Retirement Fund for creditable compensation paid to the member for service that exceeds 1.000 in a school year, exclusive of contributions pursuant to Sections 22901.7, 22950.5, and 22951, shall be credited to the Defined Benefit Supplement Program. (c) In lieu of any other benefits provided by this part, any member who performed service prior to July 1, 1956, shall receive retirement benefits for that service at least equal to the benefits that the member would have received for that service under the provisions of this part as they existed on June 30, 1956. This subdivision shall not apply to service that is credited in the San Francisco Employees’ Retirement System. (d) The amendments to this section made during the second year of the 1999–2000 Regular Session shall become operative on July 1, 2002, if the revenue limit cost-of-living adjustment computed by the Superintendent of Public Instruction for the 2001–02 fiscal year is equal to or greater than 3.5 percent. Otherwise the amendments to this section made during the second year of the 1999–2000 Regular Session shall become operative on July 1, 2003. (Amended by Stats. 2016, Ch. 218, Sec. 16. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22704. Source version: id_d0f5613a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= In any school district that is conducting a year-round school operation or a continuous school program, service shall be credited to the school year in which the service began. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22705. Source version: id_0c197a07-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= No service shall be included under this part for which a member of the Defined Benefit Program is entitled to receive a retirement benefit in a lump sum or installment payments, for other than military service, from any public retirement system other than this system, or under the American Gratuity Act No. 4151 relating to service in the Philippine Islands under which 15 or more years of creditable service has accrued, or the San Francisco Employees’ Retirement System. If a retired member under this part becomes entitled to that retirement benefit, his or her retirement allowance shall be reduced thereafter to exclude the service upon which the retirement benefit is based, without other change in his or her retirement status. This section shall not apply to any retirement benefit received from a defined contribution plan that is qualified under Section 401(a), Section 403(b), or Section 457 of the Internal Revenue Code. (Amended by Stats. 2005, Ch. 351, Sec. 10. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22705.5. Source version: id_0dfae439-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= Service subject to coverage by the San Francisco Employees’ Retirement System pursuant to Section 24701 is excluded from coverage in the Defined Benefit Program. The member shall retain the right to receive a retirement allowance for creditable service that is subject to coverage under the Defined Benefit Program unless he or she withdraws his or her accumulated retirement contributions for that service. (Amended by Stats. 2005, Ch. 351, Sec. 11. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22706. Source version: id_d0f56140-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= A member shall not receive credit for service performed while receiving a retirement or disability allowance under the Defined Benefit Program or while receiving a retirement or disability benefit under the Defined Benefit Supplement Program. (Amended by Stats. 2000, Ch. 1021, Sec. 28. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22708. Source version: id_67c16f3f-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) The calculations of retirement allowances under this part for state employees in the personal leave program shall include credit for service that would have been credited had the employee not been in the personal leave program. The costs that result from the increased service credit shall be paid for by the employer in a manner prescribed by the system. (b) The calculations of a retirement allowance under this part for a state employee subject to mandatory furloughs shall include earnings, contributions, and annualized pay rates that would have been reported had the employee not been subject to mandatory furloughs. The employer shall pay the cost of the increased service credit that results from these inclusions in a manner prescribed by the system pursuant to Section 22909. (c) For purposes of subdivision (b), “mandatory furloughs” means time during which a member identified below is directed to be absent from work without pay because of an Executive order in the 2008–09 and 2009–10 fiscal years: (1) A person subject to an Executive order requiring a mandatory furlough for state employees. (2) A person who is excepted from the definition of “state employee” in subdivision (c) of Section 3513, or who is an officer or employee of the executive branch of state government who is not a member of the civil service, and who is subject to an Executive order requiring a mandatory furlough for state employees. (Amended by Stats. 2019, Ch. 96, Sec. 13. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22709. Source version: id_d0f56144-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= A member shall receive credit under this part for time during which the member is prevented from performing creditable service subject to coverage under the Defined Benefit Program, by act of God, or by reason of the closing of a school by any duly authorized officer or body. If by reason of a member’s Japanese ancestry, the member was required by the Wartime Civil Control Administration to leave his or her teaching position in California and returned prior to July 1, 1972, to service subject to coverage under the Defined Benefit Program, the system shall give the member four years of service credit under this part. (Amended by Stats. 1998, Ch. 965, Sec. 80. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22710. Source version: id_72c12391-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) Service shall be credited under this part, upon payment of the contributions required under Sections 22901 and 22950, for that time during which a member is excused from performance of creditable service and for which the member receives workers’ compensation, or compensation from an insurance carrier of the employer, due to injury or illness that arose out of and in the course of the member’s employment. (b) Service credited pursuant to this section shall be credited in the proportion that the compensation paid to the member bears to the member’s annualized pay rate. (c) The amount of compensation used to credit service pursuant to this section shall not exceed what the member’s annualized pay rate would have been but for the period of absence specified in subdivision (a). (Amended by Stats. 2019, Ch. 96, Sec. 14. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22711. Source version: id_b860d319-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= An elected officer of an employee organization that is on a compensated leave of absence pursuant to Section 44987 or 87768.5 shall be entitled to the service credit, compensation earnable, interest, and additional earnings credits under this part that they otherwise would have been due had the member not been on the compensated leave of absence, if all of the following conditions are met: (a) The member was employed and performed creditable service subject to coverage under this Defined Benefit Program in the month before commencement of the leave of absence. (b) The member makes contributions to the Teachers’ Retirement Fund in the amount that the member would have contributed had the member performed creditable service during the period the member served as an elected officer of the employee organization. (c) The member’s employer contributes to the Teachers’ Retirement Fund at a rate adopted by the board as a plan amendment with respect to the Defined Benefit Program an amount based upon the creditable compensation that would have been paid to the member had the member performed creditable service during the period the member served as an elected officer of the employee organization. (Amended by Stats. 2021, Ch. 539, Sec. 1. (SB 294) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22712. Source version: id_d0f6e7ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= A member under this part shall receive credit for time served as an exchange teacher in any location. (Amended by Stats. 1998, Ch. 965, Sec. 83. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22712.5. Source version: id_d0f6e7ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= All members under this part who are employed by a school district, community college district, or superintendent of schools and who received credit during the school year ending June 30, 1996, for service performed as a community service teacher or in a classified position that does not qualify for membership in the Public Employees’ Retirement System, shall continue to receive credit for that service performed after June 30, 1996, provided the member remains continuously employed to perform that service. (Amended by Stats. 1998, Ch. 965, Sec. 84. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22713. Source version: id_904ed862-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) Notwithstanding any other provision of this chapter, if the governing board of a school district or a community college district, or a county superintendent of schools establishes regulations pursuant to Sections 44922 and 87483, an employer may enter into a written agreement with an employee who is a member of the Defined Benefit Program to reduce their workload in a position from full time to part time, receive the service credit the member would have received if the member had been employed in that position on a full-time basis and have their retirement allowance, as well as other benefits that the member is entitled to under this part, based, in part, on the final compensation the member would have been entitled to if the member had been employed on a full-time basis. The option to reduce the member’s workload shall be exercised at the request of the member if all of the following conditions are met: (1) The member is employed by either of the following: (A) A school district or county office of education as a prekindergarten through grade 12 certificated employee who does not hold a position with a salary above the maximum salary of a school principal for that employer. (B) A community college district. (2) The member has a minimum of 10 years of credited service in the Defined Benefit Program prior to the start of the school term of the first school year of the agreement to reduce the member’s workload. (3) The member shall have been employed on a full-time basis to perform creditable service under the Defined Benefit Program each year of the five school years immediately preceding the first school year in which the member’s workload is reduced, without having a break in service. For the purposes of this paragraph: (A) Employer-approved leaves of absence, and unpaid absences from the performance of creditable service for personal reasons from full-time employment do not constitute a break in service. (B) Creditable service that was performed for a school year in which a member reduced their workload pursuant to this section shall be treated as full time, provided that the agreement to reduce the member’s workload was not terminated during that year pursuant to subdivision (e). (C) The period of time during which a member is retired for service shall constitute a break in service. (4) The member is 55 years of age or older prior to the start of the school term of the first school year of the agreement for which the member’s workload is reduced. (b) The employer, in conjunction with the system, shall certify the member’s eligibility for participation in the reduced workload program in accordance with subdivision (a). The employer’s certification shall be submitted in a format prescribed by the system and shall be received in the system’s headquarters office prior to the start of the school term of the first school year of the agreement for which the member’s workload is reduced. (c) The agreement to reduce the member’s workload shall be in effect prior to the start of the school term of the first school year of the agreement for which the member’s workload is reduced, and shall include the following requirements: (1) The total amount of time in which a member reduces their workload pursuant to this section shall not exceed 10 school years. (2) The reduced workload shall be equal to at least one-half of the time the employer requires for full-time employment in that position in accordance with Section 22138.5. (3) The member shall be paid creditable compensation that is the pro rata share of the creditable compensation the member would have been paid for that position had the member not reduced their workload. (4) For each school year the member’s workload is reduced pursuant to this section, the member shall make contributions to the Teachers’ Retirement Fund in the amount that the member would have contributed if the member had performed creditable service for that position on a full-time basis and if that service was subject to coverage under the Defined Benefit Program. (5) For each school year the member’s workload is reduced pursuant to this section, the employer shall contribute to the Teachers’ Retirement Fund at a rate adopted by the board as a plan amendment with respect to the Defined Benefit Program an amount based upon the creditable compensation that would have been paid to the member if the member had performed creditable service for that position on a full-time basis and if that service was subject to coverage under the Defined Benefit Program. (d) The employer shall maintain the necessary records to separately identify each member who participates in the reduced workload program pursuant to this section. (e) The agreement to reduce a member’s workload shall be terminated if one of the following actions is taken: (1) The member’s employment is terminated prior to the end of the school term. (2) The member earns less than one-half of the annualized pay rate as defined in Section 22104.8. (3) The member and the employer mutually agree that the member will perform creditable service without making contributions in accordance with paragraphs (4) and (5) of subdivision (c). (f) Upon termination of the agreement for any of the reasons described in subdivision (e): (1) The employer shall notify the system that the agreement to reduce a member’s workload has been terminated within 30 days of the agreement being terminated. (2) The member’s service credit and contributions for that school year in which the agreement is terminated shall be computed in accordance with Section 22701 and Chapters 15 and 16. (3) That school year in which the agreement is terminated shall not be included in the total amount of time in which a member is allowed to reduce their workload pursuant to paragraph (1) of subdivision (c). (4) Any subsequent agreement to reduce a member’s workload shall meet all of the conditions set forth in this section. (Amended by Stats. 2025, Ch. 239, Sec. 4. (SB 853) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22714. Source version: id_e3ab542c-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) Whenever the governing board of a school district or a community college district or a county office of education, by formal action, determines pursuant to Section 44929 or 87488 that, because of impending curtailment of, or changes in, the manner of performing services, the best interests of the district or county office of education would be served by encouraging certificated employees or academic employees to retire for service and that the retirement will result in a net savings to the district or county office of education, an additional two years of service credit shall be granted under this part to a member of the Defined Benefit Program if all of the following conditions exist: (1) The member is credited with five or more years of service credit and retires for service under Chapter 27 (commencing with Section 24201) during a period of not more than 120 days or less than 60 days, commencing no sooner than the effective date of the formal action of the employer that shall specify the period. (2) The documentation required by this section is received by the system no later than 30 calendar days after the last day of the window period established in paragraph (1). (3) (A) The employer transfers to the retirement fund an amount determined by the Teachers’ Retirement Board to equal the actuarial equivalent of the difference between the allowance the member receives after receipt of service credit pursuant to this section and the amount the member would have received without the service credit and an amount determined by the Teachers’ Retirement Board to equal the actuarial equivalent of the difference between the purchasing power protection supplemental payment the member receives after receipt of service credit pursuant to this section and the amount the member would have received without the service credit. The payment for purchasing power shall be deposited in the Supplemental Benefit Maintenance Account established by Section 22400 and shall be subject to Section 24415. The transfer to the retirement fund shall be made in a manner and a time period, not to exceed eight years, that is acceptable to the Teachers’ Retirement Board. The employer shall transfer the required amount for all eligible employees who retire pursuant to this section. (B) Regular interest shall be charged on the unpaid balance if the employer makes the transfer to the retirement fund in installments. (4) The employer transmits to the retirement fund the administrative costs incurred by the system in implementing this section, as determined by the Teachers’ Retirement Board. (5) The employer has considered the availability of teachers or academic employees to fill the positions that would be vacated pursuant to this section. (b) (1) The school district shall demonstrate and certify to the county superintendent that the formal action taken would result in a net savings to the district. (2) The county superintendent shall certify to the Teachers’ Retirement Board that the result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) of Section 14502.1. (3) The school district shall reimburse the county superintendent for all costs to the county superintendent that result from the certification. (c) (1) The county office of education shall demonstrate and certify to the Superintendent of Public Instruction that the formal action taken would result in a net savings to the county office of education. (2) The Superintendent of Public Instruction shall certify to the Teachers’ Retirement Board that the result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) of Section 14502.1. (3) The Superintendent of Public Instruction may request reimbursement from the county office of education for all administrative costs that result from the certification. (d) (1) The community college district shall demonstrate and certify to the chancellor’s office that the formal action taken would result in a net savings to the district. (2) The chancellor shall certify to the Teachers’ Retirement Board that the result specified in paragraph (1) can be demonstrated. The certification shall include, but not be limited to, the information specified in subdivision (c) of Section 84040.5. (3) The chancellor may request reimbursement from the community college district for all administrative costs that result from the certification. (e) The opportunity to be granted service credit pursuant to this section shall be available to all members employed by the school district, community college district, or county office of education who meet the conditions set forth in this section. (f) The amount of service credit shall be two years. (g) Any member of the Defined Benefit Program who retires under this part for service under Chapter 27 (commencing with Section 24201) with service credit granted under this section and who subsequently reinstates shall forfeit the service credit granted under this section. (h) Any member of the Defined Benefit Program who retires under this part for service under Chapter 27 (commencing with Section 24201) with service credit granted under this section and who takes any job as an employee, independent contractor, or as an employee of a third party with the school district, community college district, or county office of education that granted the member the service credit less than five years after receiving the credit shall forfeit the ongoing benefit the member receives from the additional service credit granted under this section. (i) This section does not apply to any member otherwise eligible if the member receives any unemployment insurance payments arising out of employment with an employer subject to this part within one year following the effective date of the formal action under subdivision (a), or if the member is not otherwise eligible to retire for service. (Amended by Stats. 2020, Ch. 275, Sec. 10. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22715. Source version: id_ffd1db85-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) Notwithstanding any other provisions of this part, whenever the Governor, by executive order, determines that because of an impending curtailment of, or change in the manner of performing service, the best interest of the state would be served by encouraging the retirement of state employees, and that sufficient economies could be realized to offset any cost to state agencies resulting from this section, an additional two years of service shall be credited under this part to members of the Defined Benefit Program, who are state employees, if the following conditions exist: (1) The member is credited with five or more years of service and retires during a period not to exceed 120 days or less than 60 days commencing no sooner than the date of issuance of the Governor’s executive order specifying that period. (2) (A) The appointing power, as defined in Section 18524 of the Government Code, transfers to the retirement fund an amount determined by the board to equal the actuarial equivalent of the difference between the allowance the member receives after the receipt of service credit under this section and the amount the member would have received without the service credit. The transfer to the retirement fund shall be made in a manner and time period acceptable to the employer and the board. (B) Regular interest shall be charged on the unpaid balance if the employer makes the transfer to the retirement fund in installments. (3) The appointing power determines that it is electing to exercise the provisions of this section, pursuant to the Governor’s order, and certifies to the Department of Finance and to the Legislative Analyst, as to the specific economies that would be realized if the additional service credit toward retirement were granted. (b) As used in this section, “member” means a state employee who is employed in a job classification, department, or other organizational unit designated by the appointing power, as defined in Section 18524 of the Government Code. (c) The amount of service credit shall be two years regardless of credited service, but shall not exceed the number of years intervening between the date of the member’s retirement under this part and the date the member would be required to be retired because of age. The appointing power shall make the payment with respect to all eligible employees who retire pursuant to this section. (d) Any member who qualifies under this section, upon subsequent reinstatement under this part, shall forfeit the service credit granted under this section. (e) This section shall not be applicable to any member otherwise eligible if that member receives any unemployment insurance payments arising out of employment with an employer subject to this part during a period extending one year beyond the date of issuance of the executive order or if the member is not eligible to retire without the additional credit available under this section. (f) The benefit provided by this section shall not be applicable to the employees of any appointing power until the Director of Finance approves the transmittal of funds by that appointing power or the Board of Regents or the Board of Trustees to the retirement fund pursuant to paragraph (2) of subdivision (a). (g) The Director of Finance shall approve the transmittal of funds by the appointing power not sooner than 30 days after notification in writing of the necessity therefor to the chairperson of the committee in each house of the Legislature that considers appropriations and the Chairperson of the Joint Legislative Budget Committee, or not sooner than any lesser time that the chairperson of the committee, or his or her designee, may in each instance determine. If there is any written communication between the Director of Finance and the Legislative Analyst, a copy of the communication shall be transmitted to the chairperson of each appropriate policy committee. (Amended by Stats. 2009, Ch. 249, Sec. 4. (AB 654) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22716. Source version: id_d0f9f536-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= Notwithstanding any other provision of law, a member of the Defined Benefit Program upon any subsequent service under unpaid contract or any other unpaid basis with the trustees, shall not be required to forfeit the service credit granted under former Section 22732, as it read on June 29, 1993. (Amended by Stats. 1998, Ch. 965, Sec. 88. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22717. Source version: id_e553d40e-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) Upon certification by the employer or employers, a member shall be granted credit at service retirement for each day of accumulated and unused sick leave days for which full salary is allowed and to which the member was entitled on the member’s final day of employment with the employer or employers subject to coverage by the Defined Benefit Program during the last school term in which the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. The system shall accept certification from each employer with which the member has accumulated sick leave days for that period, provided this leave has not been transferred to another employer. (b) The amount of service credit to be granted shall be determined by dividing the number of accumulated, unused sick leave days by the number of base days, as defined in Section 22106.2. (c) For members who are last employed with the state in a position in which there are no contracted base service days, the amount of service credit to be granted shall be 0.004 years of service for each day of unused sick leave certified to the board by the employer. The certification shall report only those days of unused sick leave that were accrued by the member during the normal course of the member’s employment subject to coverage by the Defined Benefit Program. (d) When the member has made application for service retirement under this part, the employer shall certify to the board, within 30 days following the effective date of the member’s service retirement or the date the application for retirement is received by the system’s headquarters office, whichever is later, the number of days of accumulated and unused sick leave days that the member was entitled to on the final day of employment. The board may assess a penalty on delinquent reports. (e) The member shall not receive credit for accumulated unused sick leave days if the member receives service credit in another public retirement system for the same unused sick leave days. (f) This section shall be applicable to any person who retires on or after January 1, 1999. (Amended by Stats. 2020, Ch. 275, Sec. 11. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22717.5. Source version: id_601ab834-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) A member shall be credited at service retirement for each day of accumulated and unused leave of absence for education for which full salary is allowed on the member’s final day of employment with the state. (b) The amount of service credit to be granted shall be 0.004 years of service for each unused day of educational leave credit. (c) When the member has made application for service retirement under this part, the employer shall certify to the board, within 30 days following the effective date of the member’s service retirement or the date the application for retirement is received by the system’s headquarters office, whichever is later, the number of days of accumulated and unused leave of absence for education that the member was entitled to on the final day of employment. The board may assess a penalty on delinquent reports. (d) This section shall apply to eligible state employees in state bargaining units that have agreed to this section in a memorandum of understanding, or as authorized by the Director of Human Resources for classifications of state employees that are excluded from the definition of “state employee” by paragraph (c) of Section 3513 of the Government Code. (e) The provisions of this section shall be effective for eligible members who retire directly from state employment on or after January 1, 2000. (Amended by Stats. 2013, Ch. 558, Sec. 12. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22718. Source version: id_e6fffd70-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) The Teachers’ Retirement Board shall bill school employers for service credit granted for unused excess sick leave under this part, subject to the following provisions: (1) (A) In addition to the certification of unused basic sick leave days, the employer shall also certify the number of unused excess sick leave days. (B) Excess sick leave days granted by an employer other than the member’s last employer shall be deemed to be granted by the last employer and shall be included in the certification if the member was eligible to use those excess sick leave days while the member was employed by the last employer. If, during the last year a member is employed to perform creditable service subject to coverage by the Defined Benefit Program, that member is employed by more than one employer, unused excess sick leave days shall be certified and paid for by the employer for the period in which the member was eligible to use those excess sick leave days. (2) The employer shall be billed only for the present value of the unused excess sick leave days and any subsequent adjustments to the billing shall be billed or returned, as appropriate, to the employer. (3) (A) The employer shall remit the amount billed to the system with the certification required by Section 22717 within 30 days after the effective date of the member’s retirement or within 30 days after the date the system has notified the employer that a certification must be made, whichever is later. (B) If payment is not received within 30 calendar days, the present value shall be recalculated to include regular interest from the due date to the date full payment is received. (C) If the system has billed the employer for an additional amount, the employer shall remit the additional amount within 30 calendar days after the date of the billing. If payment is not received for the additional amount within 30 calendar days, the present value shall be recalculated to include regular interest from the due date to the date full payment is received. (b) If a school employer fails to pay a bill charged according to subdivision (a), the Teachers’ Retirement Board may request the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, as appropriate, to reduce state apportionments to the school employer by an amount equal to the amount billed. The Superintendent or chancellor shall make the reduction, and if requested by the board, direct the Controller to reduce the amount transferred from the General Fund to Section A or Section B, as appropriate, of the State School Fund by an equal amount, which shall instead be transferred to the Teachers’ Retirement Fund. (Amended by Stats. 2020, Ch. 275, Sec. 12. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22719. Source version: id_d0fb7bde-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= If the allowance of a retired member is terminated, the employer shall not restore sick leave days for which service credit was granted at retirement. (Amended by Stats. 1998, Ch. 1006, Sec. 3. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22720. Source version: id_e648e77b-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= The service credited pursuant to Section 22717 may not be used in the determination of final compensation, except as provided in Section 22134.5. (Amended by Stats. 2004, Ch. 911, Sec. 3. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22721. Source version: id_d0fb7be2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= Except as provided in Section 22717, no service credit shall be granted under this part for any payment made for accumulated sick leave upon transfer from one employer to another, upon termination of service, upon retirement, or upon death. No contributions under this part shall be withheld from any such payments. Payments for accumulated sick leave shall be paid to the member by separate warrant and shall not be included in any payroll warrant issued to the member. The payments shall not be included in the determination of “final compensation” under this part. No continued leave of absence shall be granted a member solely for the purpose of allowing the member to receive compensation for accumulated sick leave for which the member could otherwise have elected to receive payment. (Amended by Stats. 1998, Ch. 965, Sec. 90. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 13. Service Credit [22700 - 22724] SECTION 22724. Source version: id_d0fb7be4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=13.&article= (a) To determine the number of excess sick leave days to which a member is entitled when he or she retires, the employer shall deduct the days of sick leave used by the member from the member’s accumulated and unused sick leave balance according to the following method: (1) Sick leave usage shall first be deducted from the accumulated and unused sick leave balance existing on July 1, 1986. (2) Sick leave usage shall next be deducted from basic sick leave days granted to the member by an employer after June 30, 1986. (3) Sick leave usage shall then be deducted from any excess sick leave days granted to the member by an employer after June 30, 1986. (b) Upon request from the board, the employer shall submit sick leave records of past years for audit purposes. (Added by Stats. 1999, Ch. 939, Sec. 48. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22800. Source version: id_d0fd0288-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) Claims for permissive and additional service credit under this part shall be corroborated by a statement from the superintendent of schools or custodian of records of the employer for which the service was performed. (b) Claims for creditable service under this part performed outside the United States or in federal schools within the United States shall be corroborated by a statement from the custodian of records. (c) When the official records of the service have been destroyed, the claim may be corroborated by one or more affidavits of knowledge of the service, preferably by persons who served with the member at the time the service was performed. (Amended by Stats. 1998, Ch. 965, Sec. 91. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22801. Source version: id_460f6c8c-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) A member who requests to purchase additional service credit as provided in this chapter and Chapter 14.2 (commencing with Section 22820) shall pay, prior to retirement, all contributions with respect to that service at the contribution rate for additional service credit, adopted by the board as a plan amendment, in effect on the date of the request to purchase additional service credit. A member shall sign and return the completed statement of contributions and interest required from the system to purchase service credit at a specific cost no later than 35 calendar days from the date of the offer. If the system is unable to inform the member or beneficiary of the amount required to purchase additional service credit prior to the effective date of the applicable allowance, the member or beneficiary may make the required payment within 30 working days after the date of mailing of the statement of contributions and interest required or the effective date of the appropriate allowance, whichever is later, except as provided in subdivision (i). The payment shall be paid in full before a member or beneficiary receives any adjustment in the appropriate allowance due because of that payment. Contributions shall be made in a lump sum, or in not more than 120 monthly installments, not to exceed 10 years. No installment, except the final installment, shall be less than twenty-five dollars ($25). (b) If the member is employed to perform creditable service subject to coverage by the Defined Benefit Program on the date of the request to purchase additional service credit, the contributions shall be based upon the compensation earnable in the current school year or either of the two immediately preceding school years, whichever is highest. (c) If the member is not employed to perform creditable service subject to coverage by the Defined Benefit Program on the date of the request to purchase additional service credit, the contributions shall be based upon the compensation earnable in the last school year of credited service or either of the two immediately preceding school years, whichever is highest, and additional regular interest shall be added to the contributions from July 1 of the subsequent year in which the member last performed creditable service subject to coverage by the Defined Benefit Program to the date of the request. (d) The employer may pay the amount required as employer contributions for additional service credited under paragraphs (7), (8), (9), and (10) of subdivision (a) of Section 22803. (e) The Public Employees’ Retirement System shall transfer the actuarial present value of the assets of a person who makes an election pursuant to paragraph (11) of subdivision (a) of Section 22803. (f) Regular interest shall be charged on the monthly unpaid balance if the member pays in installments. Regular interest may not be charged or be payable for the period of a delay caused by the system’s inability or failure to determine and inform the member or beneficiary of the amount of contributions and interest that is payable. The period of delay shall commence on the 20th calendar day following the day on which the member or beneficiary who wishes to make payment evidences in writing to the system that they are ready, willing, and able to make payment to the system. The period of delay shall cease on the first day of the month following the mailing of notification of contributions and interest payable. (g) If the payment described in subdivision (a) is not received at the system’s headquarters office within 120 calendar days of the due date, the election pursuant to this section shall be canceled. The member shall receive credit for additional service based on the payments that were made or the member may request a return of their payments. (h) If the election to purchase additional service credit is canceled as described in subdivision (g), the member may, prior to the effective date of their retirement, elect to purchase additional service credit pursuant to this section. (i) The measurement of time within which the purchase of additional service credit described in subdivision (a) shall be made is subject to Section 22337. (Amended by Stats. 2024, Ch. 117, Sec. 1. (AB 2770) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22801.5. Source version: id_d0fe892c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) A member who elects pursuant to Section 22508.6 to have his or her state service subject to coverage by the Defined Benefit Program shall receive additional service credit for the time spent subject to coverage by the Public Employees’ Retirement System between July 1, 1991, and the effective date of the election. (b) A member described in subdivision (a) shall pay all contributions with respect to his or her state service as a member of the Public Employees’ Retirement System at the contribution rate for additional service credit, adopted by the board as a plan amendment, in effect at the time of the election. Contributions shall be made in a lump sum or in not more than 120 monthly installments, not to exceed ten years. Payment shall be made or shall commence within 120 days after the date of the election. No installment, except the final installment, shall be less than twenty-five dollars ($25). The member may not be credited with any service pursuant to this section until the contributions have been paid in full. (c) If the member is employed to perform creditable service at the time of the election, the contributions shall be based upon the compensation earnable in the current school year or either of the two immediately preceding school years, whichever is highest. (d) If the member is not employed to perform creditable service at the time of the election, the contributions shall be based upon the compensation earnable in the last school year of credited service or either of the two immediately preceding school years, whichever is highest. (e) The total amount of contributions due from the member under subdivision (b) shall be reduced by the amount received from the Public Employees’ Retirement System pursuant to Section 20309.5 of the Government Code. Under no circumstances may the assets received from the Public Employees’ Retirement System, pursuant to that section, be allocated or awarded to individual members or their spouses or beneficiaries. (Amended by Stats. 2003, Ch. 859, Sec. 11. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22802. Source version: id_ba19cdbb-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) A member, other than a retired member, who was previously excluded from membership in the Defined Benefit Program may request to purchase service credit for: (1) Service as a substitute excluded under Section 22602. (2) Creditable service subject to coverage under the Cash Balance Benefit Program if the member is currently contributing to the Defined Benefit Program and has terminated all service subject to coverage under the Cash Balance Benefit Program. Upon requesting to purchase service credit under this paragraph, the member shall cease to be eligible for a benefit for the same service or time previously credited under the Cash Balance Benefit Program pursuant to Part 14 (commencing with Section 26000). (3) Service performed on a part-time basis excluded under Section 22601.5 or Section 22604, other than service credited under paragraph (2). (4) Adult education service excluded under Section 22603, as it read on December 31, 1995. (5) Service as a school nurse excluded under Section 22606, as it read on December 31, 1995. (6) Service performed in a position prior to the date the position was made subject to coverage under the Defined Benefit Program. (7) Service subject to coverage under the Defined Benefit Program performed while a member of another California public retirement system, provided the member has ceased to be a member of, and has ceased to be entitled to benefits from, the other retirement system. The member shall not receive credit for the service if the member may redeposit withdrawn contributions and subsequently be eligible for any benefits based upon the same service or based upon other full-time service performed during the same period, from another California public retirement system. (b) A member who requests to purchase service credit under this part for service performed while excluded from membership under the Defined Benefit Program shall pay all of the required contributions for all or the portion of that service for which the member requests to purchase service credit. (c) A member shall not request to purchase service credit for service or time described in paragraphs (1) and (3) to (7), inclusive, of subdivision (a) if, after the request, the member would continue to receive credit for the same service or time in the Cash Balance Benefit Program under Part 14 (commencing with Section 26000) or another public retirement system. (d) A member shall not purchase service credit for any school year if the purchase would result in more than one year of service for that school year. (Amended by Stats. 2021, Ch. 186, Sec. 3. (SB 634) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22803. Source version: id_a5f1986e-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) A member, other than a retired member, may request to purchase service credit for any of the following: (1) Service performed in a teaching position in the University of California or California State University that is not covered by another public retirement system. (2) Service performed in a certificated teaching position in a child care center operated by a county superintendent of schools or a school district in this state. (3) Service performed in a teaching position in the California School for the Deaf or the California School for the Blind, or in special classes maintained by the public schools of this state for the instruction of the deaf, the hard of hearing, the blind, or the semisighted. (4) Service performed in a certificated teaching position in a federally supported and administered Indian school in this state. (5) Time served, not to exceed two years, in a certificated teaching position in a job corps center administered by the United States government in this state if the member was employed to perform creditable service subject to coverage under the Defined Benefit Program within one year prior to entering the job corps and returned to employment to perform creditable service subject to coverage under the Defined Benefit Program within six months following the date of termination of service in the job corps. (6) Time served, not to exceed two years, in a teaching position as a member of the Peace Corps if the member was employed to perform creditable service subject to coverage under the Defined Benefit Program within one year prior to entering the Peace Corps and returned to employment to perform creditable service subject to coverage under the Defined Benefit Program within six months following the date of termination of service in the Peace Corps. (7) Time spent on a sabbatical leave, approved by an employer in this state after meeting the requirements of Section 44969. (8) Time spent on an approved leave, approved by an employer in this state, to participate in any program under the federal Mutual Educational and Cultural Exchange Program. (9) Time spent on leave approved by an employer in this state as maternity or paternity leave, not to exceed 24 consecutive months, regardless of whether or not the leave was taken before or after the addition of this subdivision. (10) Time spent on an employer-approved leave based on the guidelines for the Family and Medical Leave Act or the California Family Rights Act, or both, up to a total of 12 workweeks in any 12-month period. (11) Time spent employed by the Board of Governors of the California Community Colleges in a position subject to coverage by the Public Employees’ Retirement System between July 1, 1991, and December 31, 1997, provided the member has elected to return to coverage under the State Teachers’ Retirement System pursuant to Section 20309 of the Government Code. (b) In no event shall the member receive credit for service or time described in paragraphs (1) to (11), inclusive, of subdivision (a) if the member has received or is eligible to receive credit for the same service or time in the Cash Balance Benefit Program under Part 14 (commencing with Section 26000) or another public retirement system. (Amended by Stats. 2010, Ch. 207, Sec. 8. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22804. Source version: id_d0fe8932-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= For the purposes of this chapter, war with a foreign power exists under any of the following conditions: (a) Whenever Congress has declared war and peace has not been formally restored. (b) Whenever the United States is engaged in active military operations against any foreign power, whether or not war has been formally declared. (c) Whenever the United States is assisting the United Nations, in actions involving the use of armed force, to maintain or restore international peace and security. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22805. Source version: id_09ec38ed-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) A member may request to receive credit under this part for time served in the active military service of the United States or of this state, including active service in any uniformed auxiliary to any branch of that military service authorized as an auxiliary by Congress or the Legislature, or in the full-time paid service of the American Red Cross prior to September 1957, if both of the following conditions exist: (1) The time served was during war with any foreign power or during other national emergency, or in time of peace if the member was drafted for that service by the United States government. (2) The member was employed to perform creditable service subject to coverage under the Defined Benefit Program within one year prior to entering that service. Time included under this section shall be considered as served in the state in which the member was last employed before entering that service. (b) Time during which the member was absent without compensation for other cause, on leave or otherwise, shall not be included. (Amended by Stats. 2009, Ch. 304, Sec. 9. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22806. Source version: id_7589faa0-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) A member who retired on or after December 31, 1981, may elect to receive credit under this part, of not to exceed four years, for time served of not less than one year, prior to membership in the Defined Benefit Program, in the Armed Forces of the United States or in the Merchant Marine of the United States. Service credit shall not be granted if that service terminated with a discharge under dishonorable conditions. The service credit to be accorded pursuant to this section for that service shall be on the basis of one year of credit for each five years of credited service, but shall not exceed a total of four years of service credit regardless of the number of years of either that service or subsequent service. A member electing to receive credit under this part for that service shall have been credited with at least 10 years of service on the date of election. (b) A member who elects to become subject to this section shall pay all reasonable administrative costs and contributions, sufficient to cover the total employer and employee cost plus interest of the military service credit, to be calculated in a manner consistent with other permissive service credit purchases in this chapter, as determined by the board. (c) This section shall not apply to a member who is receiving either of the following: (1) Military retirement pay based on 20 or more years of active duty with the Armed Forces of the United States, except for credit toward military retirement pay that is earned by a combination of active duty and nonactive duty with a reserve component of the Armed Forces of the United States and where the retirement pay is payable only upon the attainment of a specified age. (2) Disability retirement pay that is paid by one of the Armed Forces of the United States, except for a member who is receiving disability compensation from the Veterans Administration and is not receiving retirement pay from one of the Armed Forces of the United States. (d) A member shall not receive credit for service or time under this section if the member has received or is eligible to receive credit for the same service or time in the Cash Balance Benefit Program under Part 14 (commencing with Section 26000) or in another public retirement system. (e) The board has no duty to locate or notify any member or to provide the name or address of any member, agency, or entity for the purpose of notifying those persons. (Amended by Stats. 2022, Ch. 196, Sec. 1. (SB 1402) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22807. Source version: id_d1000fd8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) A member of the Defined Benefit Program who voluntarily requests or agrees to an extension of his or her original term of enlistment, service, or tour of duty shall not receive credit under this part for time served during the extension of military service after December 31, 1958. (b) In no event shall a member receive credit for more than four years of military service performed after June 30, 1998, except where otherwise authorized in accordance with Chapter 14.5 (commencing with Section 22850). (Amended by Stats. 1998, Ch. 965, Sec. 95. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22808. Source version: id_d1000fda-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= A member of the Defined Benefit Program shall not be required to pay contributions under this part to receive credit for service under Section 22805 under any of the following conditions: (a) The service was performed after September 15, 1940, and the member returned to employment subject to coverage under the Defined Benefit Program prior to March 19, 1948. (b) The service was performed prior to January 1, 1950, and the member was continuously performing the service prior to that date and returned to employment subject to coverage under the Defined Benefit Program within six months following the termination of the service. (c) The service was performed prior to September 14, 1978, and the member entered that service after December 31, 1949, and returned to employment subject to coverage under the Defined Benefit Program within six months following the termination of the service. (d) The service was performed prior to January 1, 1992, and the member entered that service after August 1, 1990, and retired or returned to employment subject to coverage under the Defined Benefit Program and earned additional service credit within six months following the termination of that service or within six months after the completion of any period of rehabilitation offered by the United States government, excluding rehabilitation solely for educational purposes. Notwithstanding Section 22250, 22251, or 22253, employers of members subject to this section shall not be required to make the contributions required by Chapter 16 (commencing with Section 22950). (Amended by Stats. 1998, Ch. 965, Sec. 96. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22809. Source version: id_d1000fdc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= A member of the Defined Benefit Program may elect to receive credit under this part for teaching service performed within and outside of this state in a war relocation center administered by the Wartime Civil Control Administration if all of the following conditions exist: (a) By reason of the member’s Japanese ancestry the member was placed in a war relocation center prior to becoming a member of the Defined Benefit Program. (b) The member earned compensation for service in a teaching capacity in the relocation center. (c) The member possessed a valid California teaching credential issued by the State Department of Education or had a bachelor’s degree in education from a California postsecondary institution. (Amended by Stats. 1998, Ch. 965, Sec. 97. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22810. Source version: id_d1000fde-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= (a) Any member of the Defined Benefit Program, who was a member of the program on June 30, 1944, may elect to receive credit under this part for the following service performed prior to July 1, 1944, in other states, territories, or possessions of the United States, or in Canada: (1) Service in a teaching position that in this state would be subject to coverage under the Defined Benefit Program. (2) Service in a teaching position in a publicly supported and administered university or college. (3) Service in a teaching position with the Civilian Conservation Corps or in an Indian school supported and administered by the United States government. (4) Service in a publicly supported residential school for the deaf or the blind. (b) In no event shall the member receive credit for this service if the member has received or is eligible to receive credit for the same service in another retirement system. (Amended by Stats. 1998, Ch. 965, Sec. 98. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14. Permissive and Additional Service Credit [22800 - 22811] SECTION 22811. Source version: id_d1019680-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.&article= Pursuant to terms and conditions established by the board, members may transfer funds from eligible retirement plans into the Teachers’ Retirement Fund to purchase service credit or redeposit previously refunded contributions pursuant to this chapter, Chapter 14.2 (commencing with Section 22820), Chapter 14.5 (commencing with Section 22850), and Chapter 19 (commencing with Section 23200), to the extent that the transfer is allowable under, and is completed in a manner prescribed by, applicable federal and state law and any related regulations. (Added by Stats. 2001, Ch. 803, Sec. 7. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22820. Source version: id_0c54d47f-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= (a) A member, other than a retired member, may request to purchase out-of-state service credit for any of the following: (1) Service performed in a position while employed by a public educational institution located in another state or territory of the United States. (2) Educational service performed as an employee of the United States. (3) Service performed as an employee of an educational institution located outside of the United States and its territories that receives a portion of its funding from any foreign or domestic public sources and provides a level of education comparable to kindergarten and grades 1 to 12, inclusive, as determined by the applicable law of the jurisdiction in which the educational institution is located. (4) As an employee of an educational institution that receives funds under Section 2701 of Title 22 of the United States Code. (b) The member may not receive credit for this service if the member retains or is eligible to receive credit for the same service in the Cash Balance Benefit Program under Part 14 (commencing with Section 26000) or another public retirement system, excluding social security. (c) The amount of out-of-state service credit a member may purchase may not exceed the number of years of service performed by the member in a position described in subdivision (a). (d) Out-of-state service credit may be purchased under this section by means of any of the following actions: (1) Paying an amount equal to the amount refunded from the other public retirement system and receiving service credit under the Defined Benefit Program pursuant to subdivision (a) of Section 22823. (2) Paying the contributions required under the Defined Benefit Program pursuant to subdivision (a) of Section 22823 for the service credited in the other public retirement system. (3) Paying an amount equal to the amount refunded from the other public retirement system and an additional amount in accordance with subdivision (a) of Section 22823 for the service credited in the other public retirement system. (4) Paying the contributions required under the Defined Benefit Program pursuant to subdivision (a) of Section 22823 for the service not credited to a public retirement system. (e) Compensation for out-of-state service may not be used in determining the highest average annual compensation earnable when calculating final compensation. (f) The service credit purchased under this section may not be used to meet the eligibility requirements for benefits provided under Sections 24001 and 24101. (Amended by Stats. 2009, Ch. 304, Sec. 10. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22821. Source version: id_0eefcab1-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= A member’s request to purchase out-of-state service credit pursuant to this chapter shall be submitted in writing and shall include information as required by the board. (Amended by Stats. 2009, Ch. 304, Sec. 11. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22822. Source version: id_1155ce33-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= A request pursuant to Section 22820 to purchase out-of-state service credit may be made by a member any time prior to the effective date of a family, survivor, disability, or retirement allowance. (Amended by Stats. 2009, Ch. 304, Sec. 12. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22823. Source version: id_13b9d5e5-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= A member who requests to purchase out-of-state service credit pursuant to Section 22820 shall pay, prior to retirement, all contributions with respect to that service at the contribution rate for additional service credit adopted by the board as a plan amendment, in effect on the date of the request, in accordance with subdivisions (a), (f), (g), and (h) of Section 22801. (Amended by Stats. 2009, Ch. 304, Sec. 13. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22824. Source version: id_04449294-3072-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= No provision of this chapter shall apply to the extent it would require any action to be taken that would create a conflict with Section 415 of the Internal Revenue Code of 1968 (Title 26 of the United States Code). (Added by Stats. 1997, Ch. 569, Sec. 2. Effective January 1, 1998. Section operative January 1, 1999, pursuant to Section 22825.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22825. Source version: id_05e59868-3072-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= This chapter shall become operative on January 1, 1999. (Added by Stats. 1997, Ch. 569, Sec. 2. Effective January 1, 1998. Note: This section prescribes a delayed operative date (January 1, 1999) for Chapter 14.2, commencing with Section 22820.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22826. Source version: id_d494412a-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= (a) A member, other than a retired member, may request to purchase up to five years of nonqualified service credit provided the member is vested in the Defined Benefit Program as provided in Section 22156. (b) A member who requests to purchase nonqualified service credit as provided in this chapter shall contribute to the retirement fund the actuarial cost of the service, including interest as appropriate, as determined by the board based on the most recent valuation of the plan with respect to the Defined Benefit Program in effect on the date of the request, in accordance with subdivisions (a), (f), (g), and (h) of Section 22801. (c) This section shall apply only to an application to purchase nonqualified service credit on a properly executed form provided by the system and received at the system’s headquarters office prior to January 1, 2013, that is subsequently approved by the system. (Amended by Stats. 2014, Ch. 755, Sec. 21. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22827. Source version: id_7d0bc140-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= (a) A member who retired for service between June 1, 2007, and December 31, 2007, inclusive, may elect to purchase credit for out-of-state service for either of the following: (1) Service performed as an employee of an educational institution located outside of the United States and its territories that receives a portion of its funding from any foreign or domestic public sources and provides a level of education comparable to kindergarten and grades 1 to 12, inclusive, as determined by the applicable law of the jurisdiction in which the educational institution is located. (2) As an employee of an educational institution that receives funds under Section 2701 of Title 22 of the United States Code. (b) The member may not receive credit for service pursuant to this section if the member retains or is eligible to receive credit for the same service in the Cash Benefit Program under Part 14 (commencing with Section 26000) or another public retirement system, excluding social security. (c) The amount of service for which a member may purchase credit may not exceed the number of years of service performed by the member in a position described in subdivision (a) prior to that member’s effective retirement date. (d) Compensation for out-of-state service may not be used in determining the highest average annual compensation earnable when calculating final compensation. (e) The service credit purchased pursuant to this section may not be used to meet the eligibility requirements for benefits provided pursuant to Sections 24001 and 24101. (Added by Stats. 2008, Ch. 494, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22828. Source version: id_daa2b33c-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= A request to purchase out-of-state service credit pursuant to Section 22827 must be received no later than June 30, 2009. (Amended by Stats. 2014, Ch. 755, Sec. 22. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.2. Out-of-State Service Credit [22820 - 22829] SECTION 22829. Source version: id_64dd706a-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.2.&article= (a) This section applies only to a member who elects to receive out-of-state service credit pursuant to Section 22827. (b) The member shall pay all contributions with respect to that service at the contribution rate for additional service credit adopted by the board as a plan amendment in effect at the time of election. (c) Contributions shall be based upon the member’s age at the date of the election and upon compensation earnable in the last school year of credited service or either of the two immediately preceding school years, whichever is highest. (d) Any payment that a member may make to the system to obtain credit for out-of-state service shall be paid in full before a member or beneficiary may receive any adjustment in the appropriate allowance due date because of that payment. (e) The system shall make any appropriate adjustments to the member’s benefit allowance to reflect the purchase of additional service retroactive to the effective date of retirement. (f) Contributions for out-of-state service credit shall be made in a lump sum. (g) If the payment election described in subdivision (b) is not received at the system’s headquarters office within 30 days of receiving a bill for this purchase from the system, the election shall be canceled. (h) If the election to purchase out-of-state service is canceled as described in subdivision (g), the member may, prior to June 30, 2009, make a new election to purchase out-of-state service pursuant to this section. (Amended by Stats. 2013, Ch. 558, Sec. 14. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.5. Military Service [22850 - 22856] SECTION 22850. Source version: id_f7accf8c-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.5.&article= (a) The Legislature hereby declares its intent to provide benefits under this part to reemployed members who have been absent from a position of employment subject to coverage under the Defined Benefit Program to perform service in the uniformed services of the United States in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code). (b) The system shall comply with Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, as that chapter may be amended from time to time. (c) “Service in the uniformed services,” for purposes of determining plan vesting, eligibility for membership, and accrual of benefits, means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a member is absent from a position of employment for the purpose of an examination to determine the fitness of the member to perform any duty, and the period of time following the actual service in the uniformed service through the last day a member is eligible to report back to work or to apply for reemployment as specified under Section 1002.259 of Title 20 of the Code of Federal Regulations. (d) “Uniformed services” means the Armed Forces of the United States of America, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the United States Public Health Service, and any other category of persons designated by the President in time of war or emergency. (e) Except as provided in Section 22851, no benefit shall accrue during the period of service in the uniformed services if the member does not return to employment, with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services, as prescribed in Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code. (Amended by Stats. 2016, Ch. 218, Sec. 18. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.5. Military Service [22850 - 22856] SECTION 22851. Source version: id_fe80db8e-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.5.&article= The right to pension benefits under this part of a member who dies or who returns to employment with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services, and is subject to Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code shall be determined under this section. (a) (1) A reemployed or deceased member shall be treated as not having incurred a break in service by reason of that member’s eligible period or periods of service in the uniformed services. (2) (A) Each eligible period of service served by a member in the uniformed services shall, upon return to employment, with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services, or upon death, be deemed to constitute service with the employer or employers toward plan vesting and eligibility for membership in the Defined Benefit Program. Service that is deemed to the member pursuant to this subparagraph shall not be used for benefit calculations. (B) In cases of death during qualified military service or if a member fails to remit the member contributions that would have been required in respect of the eligible period of service in the uniformed services, service shall be used exclusively for plan vesting and eligibility for membership purposes. Service that is deemed to the member pursuant to this subparagraph shall not be used for benefit calculations. (3) (A) Each eligible period of service served by a member in the uniformed services shall, upon his or her payment of the member contributions required under this part, be deemed to constitute service for the purposes of accruing benefits in the Defined Benefit Program and the Defined Benefit Supplement Program. (B) A member who returns to employment, with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services shall not be entitled to any benefits under this part in respect of service in the uniformed services to which the member would not otherwise have been entitled had the member remained continuously employed and not undertaken such service in the uniformed services. (b) For purposes of accruing benefits in the Defined Benefit Program and Defined Benefit Supplement Program, a member who returns to employment with the same employer which had employed the member immediately prior to the eligible period of service in the uniformed services shall be entitled to service credit, compensation earnable, contributions, interest, and additional earnings credits under this part for the eligible period of service in the uniformed services upon his or her payment of the member contributions required under Section 22901 and Section 22901.7, if applicable, that otherwise would have been due for such period of service had the member remained continuously employed and not undertaken such service in the uniformed services. No such payment of member contributions may exceed the amount the member would have been required to contribute under this part had the member not served in the uniformed services and had remained continuously employed by the employer throughout the eligible period of service in the uniformed services. If a member fails to remit the member contributions that would have been required under Section 22901 and Section 22901.7 if applicable, in respect of the eligible period of service in the uniformed services no benefits shall be provided under this part for the period to which the omitted contributions relate. (c) Any payment of member contributions to the Defined Benefit Program or the Defined Benefit Supplement Program in this section shall be made by the member during the period beginning with the date of return to employment and may continue for three times the period of the member’s eligible service in the uniformed services, not to exceed five years. Any payment of member contributions to the Defined Benefit Program in this section by a member who returned to employment prior to January 1, 1997, and qualifies for benefits in accordance with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Secs. 4301 to 4335, incl.) shall be made by the member during the period beginning with the date of notification of eligibility by the employer to the system and may continue for three times the period of the member’s eligible service in the uniformed services, not to exceed five years. Any subsequent request to purchase service credit for this service shall be subject to the provisions of Chapter 14 (commencing with Section 22800). If all contributions due under this part are not paid to the plan with respect to the Defined Benefit Program within the specified repayment period and in accordance with subdivision (b), the member shall be entitled to the benefits attributable to the contributions received or may request a return of his or her payments. Credited interest on member contributions made for the eligible period of service in the uniformed services shall not be credited under this part until after the contributions due are paid and then only prospectively to the member’s account in accordance with Section 22216. For the Defined Benefit Supplement Program, contributions, interest, and additional earnings credits the member would have earned had the member remained continuously employed during the period of eligible service in the uniformed services shall be credited retroactively after all contributions due are paid. (Amended by Stats. 2016, Ch. 218, Sec. 19. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.5. Military Service [22850 - 22856] SECTION 22852. Source version: id_056e6300-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.5.&article= (a) An employer reemploying a member of the Defined Benefit Program with service subject to the requirements of Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code shall be liable to the plan for the employer contributions under this part, provided that employer was the last employer employing the member immediately prior to the period served by the member in the uniformed services. (b) For purposes of determining the amount of that liability under this part and any obligation to the plan with respect to the Defined Benefit Program, interest shall not be included in the liability to the plan. (c) Subject to subdivision (e), the employer shall pay the employer contributions for the eligible period of service in the uniformed services that would have been required under Sections 22950, 22950.5, and 22951 had the member remained continuously employed during that period of eligible service in the uniformed services. (d) In addition to any amount required pursuant to subdivision (c), the employer shall pay the full cost of any interest and additional earnings credits credited to the member’s Defined Benefit Supplement account pursuant to subdivision (b) of Section 22851. (e) The employer shall not be liable for employer contributions under this part for the eligible period of service in the uniformed services to the extent that the member fails to remit the member contributions for that period. (f) The employer shall provide information regarding the reemployment of a member who is subject to Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code on a form prescribed by the system within 30 days of the date of reemployment. (g) Employers shall remit to the plan with respect to the Defined Benefit Program and the Defined Benefit Supplement Program, the employer contributions required under subdivisions (c) and (d) within 60 working days of the date the system notifies the employer of the amount of contributions due with respect to the member who elects to remit the member contributions for the eligible period of service in the uniformed services. (h) If the employee does not comply with subdivision (b) of Section 22851 within the time period specified, the employer contributions that were remitted for that period shall be adjusted pursuant to Section 23008. (Amended by Stats. 2016, Ch. 218, Sec. 20. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.5. Military Service [22850 - 22856] SECTION 22853. Source version: id_0c8bad02-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.5.&article= For purposes of this chapter, creditable compensation during the period of service in the uniformed services shall be computed as follows: (a) The creditable compensation the member would have received for the eligible period of service had the member remained continuously employed. (b) In the event the creditable compensation is not reasonably certain, creditable compensation shall be based on the member’s average creditable compensation during the 12-month period immediately preceding the eligible period of service in the uniformed services or, if shorter, the period of employment immediately preceding that period of service. (Amended by Stats. 2016, Ch. 218, Sec. 21. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.5. Military Service [22850 - 22856] SECTION 22853.5. Source version: id_138c9564-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.5.&article= For purposes of this chapter, compensation earnable during the period of service in the uniformed services shall be computed as follows: (a) The compensation earnable that would have been applicable for the eligible period of service had the member remained continuously employed. (b) In the event the compensation earnable that would have been applicable is not reasonably certain, compensation earnable shall be based on the member’s compensation earnable earned during the 12-month period immediately preceding the eligible period of service in the uniformed services or, if shorter, the period of employment immediately preceding that period of service prorated over the period of service in the uniformed services. (Amended by Stats. 2016, Ch. 218, Sec. 22. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.5. Military Service [22850 - 22856] SECTION 22854. Source version: id_1a22ae06-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.5.&article= A reemployed member who has been absent from a position of employment subject to coverage under the Defined Benefit Program to perform service in the uniformed services, pursuant to Section 22850, for a period in excess of five years shall not be entitled to benefits or credit for plan vesting or eligibility for membership purposes under this chapter for an amount exceeding five years, except where the service in the uniformed services has exceeded five years for the following reasons: (a) The member is required to serve beyond five years to complete an initial period of obligated service. (b) The member was unable to obtain orders releasing the member from a period of service in the uniformed services before the expiration of the five-year period and that inability was through no fault of the member. (c) The member served in the uniformed services as required pursuant to Section 270 of Title 10 of the United States Code, Section 502(a) or 503 of Title 32 of the United States Code, or to fulfill additional training requirements determined and certified in writing by the Secretary of Defense, to be necessary for professional development, or for completion of skill training or retraining. (d) The member is ordered to do any of the following: (1) Ordered to or retained on active duty under Section 672(a), 672(g), 673, 673(b), 673(c), or 688 of Title 10 of the United States Code or under Section 331, 332, 359, 360, 367, or 712 of Title 14 of the United States Code. (2) Ordered to or retained on active duty, other than for training, under any provision of law during a war or during a national emergency declared by the President or the Congress. (3) Ordered to active duty, other than for training, in support, as determined by the secretary concerned, of an operational mission for which personnel have been ordered to active duty under Section 673(b) of Title 10 of the United States Code. (4) Ordered to active duty in support, as determined by the secretary concerned, of a critical mission or requirement of the uniformed services. (5) Called into federal service as a member of the National Guard under Chapter 15 (commencing with Section 331) of Title 10 of the United States Code or under Section 3500 or 8500 of Title 10 of the United States Code. (Amended by Stats. 2016, Ch. 218, Sec. 23. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.5. Military Service [22850 - 22856] SECTION 22855. Source version: id_d1062a7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.5.&article= A member of the Defined Benefit Program shall have no right to the benefits under this part otherwise accorded under this chapter in respect of service in the uniformed services upon the occurrence of any of the following events: (a) A separation of the member from the uniformed service with a dishonorable or bad conduct discharge. (b) A separation of the member from the uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the secretary concerned. (c) A dismissal of the member permitted under Section 1161(a) of Title 10 of the United States Code. (d) A dropping of the member from the rolls pursuant to Section 1161(b) of Title 10 of the United States Code. (Amended by Stats. 1998, Ch. 965, Sec. 106. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 14.5. Military Service [22850 - 22856] SECTION 22856. Source version: id_d1062a80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=14.5.&article= No provision of this chapter shall apply to the extent it would require any action to be taken that would cause the plan or its members under this part to incur adverse tax consequences under the Internal Revenue Code of 1986 (Title 26 of the United States Code). (Amended by Stats. 1998, Ch. 965, Sec. 107. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22900. Source version: id_43c1bbd5-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= By accepting employment to perform creditable service, a person consents to make contributions pursuant to Sections 22901 and 22901.7 for service and compensation credited under this part. (Amended by Stats. 2015, Ch. 123, Sec. 13. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22901. Source version: id_66706c7c-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= (a) Each member of the Defined Benefit Program shall contribute to the retirement fund an amount equivalent to 8 percent of the member’s creditable compensation, unless he or she is a member subject to the California Public Employees’ Pension Reform Act of 2013. (b) Each member subject to the California Public Employees’ Pension Reform Act of 2013 shall contribute to the retirement fund an amount equivalent to the percentage of the member’s creditable compensation calculated as follows: (1) An initial percentage equal to 50 percent of the normal cost rate of benefits applicable to members subject to the California Public Employees’ Pension Reform Act of 2013, rounded to the nearest quarter of 1 percent. The normal cost rate shall be adopted by the board. (2) Notwithstanding paragraph (1), once established, the percentage described in paragraph (1) shall not be adjusted on account of a change to the normal cost rate, as adopted by the board, unless the normal cost rate increases or decreases by more than 1 percent of payroll above or below the normal cost rate in effect at the time the percentage is first established or, if later, the normal cost rate in effect at the time of the last adjustment. (3) Notwithstanding subdivision (e) of Section 7522.30 of the Government Code, this subdivision shall not be subject to the collective bargaining process. (c) Notwithstanding Section 22905, any member contributions for service performed during the 2010–11 school year with a service period ending after December 31, 2010, shall be credited pursuant to subdivision (a). (Amended by Stats. 2013, Ch. 559, Sec. 15. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22901.3. Source version: id_ec9ff02c-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= (a) Notwithstanding Section 22901, the normal rate of contribution for a “state employee,” as defined in subdivision (c) of Section 3513 of the Government Code, who is a member of the Defined Benefit Program, may be established by a memorandum of understanding reached pursuant to Section 3517.5 of the Government Code. The memorandum of understanding shall be controlling without further legislative action, except that if the provisions of the memorandum of understanding require the expenditure of funds, the provisions may not become effective unless approved by the Legislature in the annual Budget Act. (b) The Director of Human Resources may establish the normal rate of contribution for a state employee who is a member of the Defined Benefit Program who is excepted from the definition of “state employee” in subdivision (c) of Section 3513 of the Government Code, and an officer or employee of the executive branch of state government who is not a member of the civil service. The normal rate of contribution shall be the same for all members identified in this subdivision. The contribution rate shall be effective the beginning of the pay period indicated by the Director of Human Resources but shall be no earlier than the beginning of the pay period following the date the board receives notification. (Amended by Stats. 2012, Ch. 665, Sec. 7. (SB 1308) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22901.7. Source version: id_a73868a4-fe74-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= (a) Commencing July 1, 2014, the amount of contributions required under subdivision (a) of Section 22901 and Section 22901.3 as it applies to a member who is not subject to the Public Employees’ Pension Reform Act of 2013 shall increase by the percentage of the member’s compensation that is creditable to the Defined Benefit Program as follows: (1) On July 1, 2014, by 0.15 percent. (2) On July 1, 2015, by 1.20 percent. (3) On July 1, 2016, by 2.25 percent. (b) Commencing July 1, 2014, the amount of contributions required under subdivision (b) of Section 22901 and Section 22901.3 as it applies to members who are subject to the Public Employees’ Pension Reform Act of 2013 shall increase by the following percentages of the member’s compensation that is creditable to the Defined Benefit Program as follows: (1) On July 1, 2014, by 0.15 percent. (2) On July 1, 2015, by 0.56 percent. (3) On July 1, 2016, by 1.205 percent. (c) The act adding this section establishes the improvement factor provided pursuant to Sections 22140 and 22141 as a vested benefit pursuant to a contractually enforceable promise and a comparable new advantage in exchange for the contribution increases made pursuant to this section. (Added by Stats. 2014, Ch. 47, Sec. 5. (AB 1469) Effective June 24, 2014. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subds. (b), (c), and (d).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22902. Source version: id_d107b12c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= Members’ accumulated retirement contributions and those other contributions required for credited service under this part shall be in the amounts required based on rates of contribution applicable for the years included in that period. (Amended by Stats. 1998, Ch. 965, Sec. 110. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22903. Source version: id_479bc1b7-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= Notwithstanding Sections 22901, 22901.3, 22901.7, 22956, and 23000, the state and each school district, community college district, county board of education, and county superintendent of schools, may pick up, for the sole purpose of deferring taxes, as authorized by Section 414(h)(2) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(h)(2)) and Section 17501 of the Revenue and Taxation Code, all of the contributions required to be paid under this part by a member of the Defined Benefit Program, provided that the contributions are deducted from the creditable compensation of the member. (Amended by Stats. 2015, Ch. 123, Sec. 14. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22904. Source version: id_d107b130-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= Notwithstanding any other provision of law, the state may pick up all or a portion of the contributions required to be paid under this part by a state employee who is a member of the Defined Benefit Program, provided that the contributions are deducted from the creditable compensation of the member. The pickup of member contributions shall be through a salary reduction program pursuant to Section 414(h)(2) of the Internal Revenue Code of 1986 (26 U.S.C.A. Sec. 414(h)(2)). These contributions shall be reported as employer-paid member contributions, and shall be credited to the account of the member. (Amended by Stats. 1998, Ch. 965, Sec. 112. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22905. Source version: id_48667bee-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= (a) Member contributions pursuant to Sections 22901, 22901.3, and 22901.7, employer contributions pursuant to Section 22903 or 22904, and member contributions made by an employer pursuant to Section 22909 shall be credited to the member’s individual account under the Defined Benefit Program or the Defined Benefit Supplement Program, whichever is applicable pursuant to the provisions of this part. (b) Except as provided in subdivision (e), member and employer contributions, exclusive of contributions pursuant to Sections 22901.7, 22950.5, and 22951, on a member’s compensation under the following circumstances shall be credited to the member’s Defined Benefit Supplement account: (1) Compensation for creditable service that exceeds one year in a school year shall be credited effective on the July 1 immediately following the period for which the compensation is earned. (2) Compensation that is determined by the system to have been paid to enhance a member’s benefits pursuant to subdivision (b) of Section 22119.2 or to not reflect sound principles that support the integrity of the retirement fund pursuant to subdivision (f) of Section 22119.2 shall be credited effective as of the earliest day contributions are due in the office pursuant to Section 23002. (3) Compensation that is paid for a limited number of times as specified by law, a collective bargaining agreement, or an employment agreement shall be credited effective as of the earliest day contributions are due in the office pursuant to Section 23002. (c) A member shall not make voluntary pretax or posttax contributions under the Defined Benefit Supplement Program nor may a member redeposit amounts previously distributed based on the balance in the member’s Defined Benefit Supplement account. (d) Any contributions on compensation that is creditable to the Defined Benefit Supplement account shall be limited to the contributions made pursuant to Sections 22901, 22901.3, 22950, and 22951. Any excess member contributions, as determined by the system, shall be returned to the member through the employer and any excess employer contributions shall be returned to the employer. (e) Paragraphs (2) and (3) of subdivision (b) shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (f) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 21. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 22 of Stats. 2024, Ch. 690.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22905. Source version: id_853e3a4e-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= (a) Member contributions pursuant to Sections 22901, 22901.3, and 22901.7, employer contributions pursuant to Section 22903 or 22904, and member contributions made by an employer pursuant to Section 22909 shall be credited to the member’s individual account under the Defined Benefit Program or the Defined Benefit Supplement Program, whichever is applicable pursuant to the provisions of this part. (b) Except as provided in subdivision (e), member and employer contributions, exclusive of contributions pursuant to Sections 22950.5 and 22951, on a member’s compensation under the following circumstances shall be credited to the member’s Defined Benefit Supplement account: (1) Compensation for service that exceeds one year in a school year shall be credited effective on the July 1 immediately following the period for which the compensation is earned. (2) Supplemental pay in any school year in which the member does not earn base pay pursuant to Section 22119.3. (c) A member shall not make voluntary pretax or posttax contributions under the Defined Benefit Supplement Program nor may a member redeposit amounts previously distributed based on the balance in the member’s Defined Benefit Supplement account. (d) Any contributions on compensation that is creditable to the Defined Benefit Supplement account shall be limited to the contributions made pursuant to Sections 22901, 22901.3, 22901.7, 22950, and 22951. Any excess employer contributions shall be returned to the employer. (e) Paragraphs (2) and (3) of subdivision (b) of Section 22905 as operative before the date determined pursuant to subdivision (f) shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (f) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 21) and added by Stats. 2024, Ch. 690, Sec. 22. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22906. Source version: id_d10937d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= A member’s contributions that were made with respect to service that was erroneously credited under the Defined Benefit Program shall be returned to the member if the contributions for that service cannot be credited under the Defined Benefit Supplement Program pursuant to this part. (Repealed and added by Stats. 2000, Ch. 1021, Sec. 33. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22907. Source version: id_d10937d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= Accumulated retirement contributions credited under this part to the account of a member whose date of birth is changed in the records of the system after December 31, 1979, shall be adjusted to the proper amount based on the correct birth date by either of the following methods: (a) A refund of the excess contributions plus credited interest from the end of the school year in which contributions were overpaid because of the incorrect birth date. (b) Payment by the member of the contributions due to the plan under this part plus regular interest from the end of the school year in which the contributions were underpaid to the date of payment. (Amended by Stats. 1998, Ch. 965, Sec. 114. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22908. Source version: id_d10937d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= (a) Subject to rules prescribed by the board, any member may elect to make annuity deposit contributions for the purpose of providing additional retirement income. However, on and after January 1, 1983, the system shall not accept any annuity deposit contributions. (b) Accumulated annuity deposit contributions may be withdrawn as provided in Section 23107. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 15. Employee Contributions [22900 - 22909] SECTION 22909. Source version: id_e6c8e630-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=15.&article= (a) Notwithstanding Sections 22901, 22956, and 23000, an employer may pay all or a portion of the contributions required to be paid by a member of the Defined Benefit Program. Where the member is included in a group or class of employment in which no members are subject to the California Public Employees’ Pension Reform Act of 2013, the payment shall be for all members in the group or class of employment. The payments shall be credited to member accounts pursuant to Section 22905. The employer shall report contributions to the system as if the member and the employer were paying the contributions in accordance with this part, notwithstanding this section. For purposes of this chapter, the member’s contributions shall be considered to be the percentage of the member’s creditable compensation that would have been paid pursuant to this chapter, notwithstanding this section. Notwithstanding Section 22119.2, contributions paid pursuant to this section may not be included in creditable compensation. (b) Nothing in this section shall be construed to limit the authority of an employer to periodically increase, reduce, or eliminate the payment by the employer of all or a portion of the contributions required to be paid by members of the Defined Benefit Program, as authorized by this section. (c) This section shall only apply to an employer that is picking up members’ contributions pursuant to Section 22903 or 22904. (d) As of January 1, 2013, this section shall not apply if the group or class of employment includes members who are subject to the Public Employees’ Pension Reform Act of 2013. If the terms of a written agreement with an exclusive representative or a written employment agreement that is in effect on January 1, 2013, would be impaired by this subdivision, this subdivision shall not apply to the employer and members subject to that written agreement until the expiration of that written agreement. A renewal, amendment, or any other extension of that written agreement shall be subject to the requirements of this subdivision. (e) As of January 1, 2014, this section shall not apply if the group or class of employment does not include members who are subject to the Public Employees’ Pension Reform Act of 2013. If the terms of a written agreement with an exclusive representative or a written employment agreement that is in effect on January 1, 2014, would be impaired by this subdivision, this subdivision shall not apply to the employer and members subject to that written agreement until the expiration of that written agreement. A renewal, amendment, or any other extension of that written agreement shall be subject to the requirements of this subdivision. (Amended by Stats. 2014, Ch. 755, Sec. 24. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22950. Source version: id_4b8271c9-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) Employers shall contribute monthly to the system 8 percent of the creditable compensation upon which members’ contributions under this part are based. (b) From the contributions required under subdivision (a), there shall be deposited in the Teachers’ Retirement Fund an amount, determined by the board, that is not less than the amount, determined in an actuarial valuation of the Defined Benefit Program pursuant to Section 22311.5, necessary to finance the liabilities associated with the benefits of the Defined Benefit Program over the funding period adopted by the board, after taking into account the contributions made pursuant to Sections 22901, 22901.7, 22950.5, 22951, 22955, and 22955.1. (c) The amount of contributions required under subdivision (a) that is not deposited in the Teachers’ Retirement Fund pursuant to subdivision (b) shall be deposited directly into the Teachers’ Health Benefits Fund, as established in Section 25930, and shall not be deposited into or transferred from the Teachers’ Retirement Fund. (d) (1) Notwithstanding subdivisions (b) and (c), there may be deposited into the Teachers’ Retirement Program Development Fund, as established in Section 22307.5, from the contributions required under subdivision (a), an amount determined by the board, not to exceed the limit specified in paragraph (2). (2) The balance of deposits into the Teachers’ Retirement Program Development Fund, minus the subsequent transfer of funds, with interest, into the Teachers’ Retirement Fund pursuant to subdivision (e) of Section 22307.5, shall not exceed 0.01 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which member’s contributions to the Defined Benefit Program are based. (3) The deposits described in this subdivision shall not be deposited into, or transferred from, the Teachers’ Retirement Fund. (Amended by Stats. 2015, Ch. 123, Sec. 15. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22950.5. Source version: id_abc5b8f6-fe74-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) Commencing July 1, 2014, the amount of contributions required under subdivision (a) of Section 22950 shall increase by the following percentages of the creditable compensation upon which members’ contributions under the Defined Benefit Program are based: (1) On July 1, 2014, by 0.63 percent. (2) On July 1, 2015, by 2.48 percent. (3) On July 1, 2016, by 4.33 percent. (4) On July 1, 2017, by 6.18 percent. (5) On July 1, 2018, by 8.03 percent. (6) On July 1, 2019, by 9.88 percent. (7) On July 1, 2020, by 10.85 percent. (b) (1) For fiscal year 2021–22 and each fiscal year thereafter, the board shall increase or decrease the percentages paid specified in this section from the percentage paid during the prior fiscal year to reflect the contribution required to eliminate by June 30, 2046, the remaining unfunded actuarial obligation with respect to service credited to members before July 1, 2014, as determined by the board based upon a recommendation from its actuary. (2) If a rate adjustment is required, the percentages authorized in paragraph (1) shall not change in any single fiscal year by more than 1.00 percent of the creditable compensation upon which members’ contributions to the Defined Benefit Program are based. The percentages described in subdivision (a) and as may be adjusted pursuant to this subdivision shall not exceed 12.00 percent of the creditable compensation upon which members’ contributions to the Defined Benefit Program are based, inclusive of the percentages identified in subdivision (a). (3) The board shall not increase the rates in order to supplant the state’s obligation pursuant to Section 22955.1. (c) (1) Except as described in paragraph (2), this section shall become inoperative on July 1, 2046, and as of January 1, 2047, is repealed. (2) Notwithstanding paragraph (1), on July 1 of the first fiscal year after a 30-day notice has been sent to the Joint Legislative Budget Committee and the Controller in compliance with subdivision (d) of Section 22957, this section shall become inoperative and, as of the following January 1, is repealed. (Added by Stats. 2014, Ch. 47, Sec. 7. (AB 1469) Effective June 24, 2014. Section inoperative July 1, 2046, or sooner as prescribed in subd. (c). Repealed on or before January 1, 2047, by its own provisions. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subds. (b), (c), and (d).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22950.6. Source version: id_ca9fb843-c090-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= The Legislature hereby appropriates two billion two hundred forty-six million dollars ($2,246,000,000) from the General Fund for the 2018–19 fiscal year to be transferred to the Teachers’ Retirement Fund for the Defined Benefit Program, consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide the Controller a schedule establishing the timing of specific transfers to be used for these payments. The payment to the Teachers’ Retirement Fund shall be apportioned as follows: (a) A dollar amount to pay in advance, on behalf of employers, part of the contributions required by employers for the 2019–20 fiscal year, such that it will result in employers having to contribute 1.03 percentage points less in the 2019–20 fiscal year than the percentage set by paragraph (6) of subdivision (a) of Section 22950.5. (b) A dollar amount to pay in advance, on behalf of employers, part of the contributions required by employers for the 2020–21 fiscal year, such that it will result in employers having to contribute 2.95 percentage points less in the 2020–21 fiscal year than the percentage set by paragraph (7) of subdivision (a) of Section 22950.5. (c) A dollar amount to pay in advance, on behalf of employers, part of the contributions required by employers for the 2021–22 fiscal year, such that it will result in employers having to contribute 2.18 percentage points less in the 2021–22 fiscal year than the percentage set by the board pursuant to subdivision (b) of Section 22950.5. (d) Any remainder of the payment that has not been committed to the purposes specified in subdivisions (a), (b), and (c) shall be allocated to reduce the employers’ share of the unfunded actuarial obligation determined pursuant to Section 22950.5. (Amended by Stats. 2020, Ch. 16, Sec. 1. (AB 84) Effective June 29, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22951. Source version: id_d10abe80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= In addition to any other contributions required by this part, employers shall, on account of liability for benefits pursuant to Section 22717, contribute monthly to the Teachers’ Retirement Fund 0.25 percent of the creditable compensation upon which members’ contributions under this part are based. (Amended by Stats. 2000, Ch. 1025, Sec. 22. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22951.5. Source version: id_d10abe82-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= In addition to any other contributions required by this part, if the board determines that the Supplemental Benefit Maintenance Account will not have sufficient funds to make the maximum payment under this part pursuant to Section 24417, the board may increase the employer contribution rate as provided in Section 24416. (Amended by Stats. 1998, Ch. 965, Sec. 117. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22954. Source version: id_929e1f94-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) Notwithstanding Section 13340 of the Government Code, a continuous appropriation is hereby annually made from the General Fund to the Controller, pursuant to this section, for transfer to the Supplemental Benefit Maintenance Account in the Teachers’ Retirement Fund. (b) Except as reduced pursuant to subdivision (c), the total amount of the appropriation for each year shall be equal to 2.5 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based for purposes of funding the supplemental payments authorized by Section 24415, as reported annually to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst pursuant to Section 22955.5. (c) Beginning with the 2008–09 fiscal year, the appropriation in subdivision (b) shall be reduced in accordance with the following schedule: 2008–09 ........................ $66,386,000 2009–10 ........................ $70,000,000 2010–11 ........................ $71,000,000 2011–12 and each fiscal year thereafter ........................ $72,000,000 (d) Transfers made to the Supplemental Benefit Maintenance Account, pursuant to subdivision (a), shall be made on October 15 and April 15 of each fiscal year with each payment to be 50 percent of the annual appropriation. If either date falls on a weekend or holiday, the funds shall be transferred the next business day. (e) Notwithstanding subdivision (d), for the 2010–11 fiscal year only, the transfer that would have been made pursuant to subdivision (d) on October 15, 2010, shall be made on November 15, 2010, and the transfer that would have been made pursuant to subdivision (d) on April 15, 2011, shall be made on March 14, 2011. (f) The board may deduct from the annual appropriation made pursuant to this section an amount necessary for the administrative expenses of Section 24415. (g) It is the intent of the Legislature in enacting this section to establish the supplemental payments pursuant to Section 24415 as vested benefits pursuant to a contractually enforceable promise to make annual contributions from the General Fund to the Supplemental Benefit Maintenance Account in the Teachers’ Retirement Fund in order to provide a continuous annual source of revenue for the purposes of making the supplemental payments under Section 24415. (Amended by Stats. 2025, Ch. 239, Sec. 5. (SB 853) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22954.1. Source version: id_df2581a1-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) Consistent with a process it establishes pursuant to subdivision (e), the board shall periodically adopt an actuarial projection regarding the ability of the system to continue providing, over a term to be established by the board, the purchasing power protection that is, at the time of the projection, being provided from the funds of the Supplemental Benefit Maintenance Account. (b) If the board, in adopting the actuarial projection described in subdivision (a), determines that the annual transfers to the Supplemental Benefit Maintenance Account described in Section 22954, combined with all other anticipated sources of income to the account, are likely to be more than sufficient over the term established by the board to continue providing the purchasing power protection being provided at the time of the projection, it shall identify the maximum level of purchasing power protection benefits that it expects to be sustainable over that term from these contributions and other sources of income. (c) If the board, in adopting the actuarial projection described in subdivision (a), determines that the annual transfers to the Supplemental Benefit Maintenance Account described in Section 22954, combined with all other anticipated sources of income to the account, are likely to be less than sufficient over the term established by the board to continue providing the purchasing power protection being provided at the time of the projection, it shall identify the maximum level of purchasing power protection benefits that it expects to be sustainable over that term from these contributions and other sources of income. (d) It is the intent of the Legislature that the board shall adopt the projections and determinations described in subdivisions (a), (b), and (c) pursuant to its powers and responsibilities under Section 17 of Article XVI of the California Constitution, including, but not limited to, the board’s fiduciary responsibility to the system’s participants and their beneficiaries and the board’s sole and exclusive power to provide for actuarial services of the system. Therefore, in its adoption of the projections and determinations required in subdivisions (a), (b), and (c), the board may utilize any actuarial assumptions, methods, and standards that it deems appropriate to determine the level of purchasing power protection benefits that it expects can be sustained over the term established by the board by funds of the Supplemental Benefit Maintenance Account. (e) The board shall determine the frequency and timing of its adoption of the actuarial projection described in subdivision (a) in regulations that it adopts pursuant to subdivision (e) of Section 24415.5. (f) The board shall promptly provide to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, the chairpersons of the Senate Committee on Public Employment and Retirement and the Assembly Committee on Public Employees, Retirement and Social Security, and the Legislative Analyst a summary of its actuarial projections and other determinations, as adopted pursuant to subdivisions (a), (b), and (c). The report shall include a description of any adjustments of benefits made pursuant to Section 24415.5. (Amended by Stats. 2008, Ch. 751, Sec. 6. Effective September 30, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22954.5. Source version: id_95e1dcb9-9537-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) In addition to the amounts appropriated for transfer to the Supplemental Benefit Maintenance Account in Section 22954, there is hereby appropriated from the General Fund to the Controller for transfer to the Supplemental Benefit Maintenance Account in the Teachers’ Retirement Fund the following amounts in each of the specified fiscal years, as follows: 2009–10 ........................ $56,979,949 2010–11 ........................ $56,979,949 2011–12 ........................ $56,979,949 2012–13 ........................ $56,979,949 (b) It is the intent of the Legislature that the annual Budget Act for each of the fiscal years described in subdivision (a) display the amounts listed above in Item 1920-011-0001 as an informational item, along with other estimated amounts required to be transferred from the General Fund to the Teachers’ Retirement Fund pursuant to Sections 22954 and 22955. In the reports, calculations, and schedules that the system submits pursuant to Section 22955.5 for the purpose of informing the Department of Finance, the Legislature, and the Controller of the state’s appropriations pursuant to Sections 22954 and 22955 in each of the fiscal years listed in subdivision (a), the system shall also include the amounts appropriated for transfer to the Supplemental Benefit Maintenance Account in subdivision (a). Upon appropriation, the amounts listed in subdivision (a) may be transferred on or after July 1 in each of the fiscal years indicated. (c) The appropriation in subdivision (a) fulfills the intent of the Legislature described in Chapter 59 of the Statutes of 2008 to pay interest on the judgment in the case of Teachers’ Retirement Board v. Genest and Chiang, Sacramento County Superior Court Case No. 03CS01503. (Repealed and added by Stats. 2008, Ch. 751, Sec. 8. Effective September 30, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22955. Source version: id_94df5d06-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) Notwithstanding Section 13340 of the Government Code, commencing July 1, 2003, a continuous appropriation is hereby annually made from the General Fund to the Controller, pursuant to this section, for transfer to the Teachers’ Retirement Fund. The total amount of the appropriation for each year shall be equal to 2.017 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based, as reported annually to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst pursuant to Section 22955.5, and shall be divided into four equal payments. The payments shall be made on July 1, October 1, December 15, and April 15 of each fiscal year. If any of these dates fall on a weekend or holiday, the funds shall be transferred the next business day. (b) Notwithstanding Section 13340 of the Government Code, commencing October 1, 2003, a continuous appropriation, in addition to the appropriation made by subdivision (a), is hereby annually made from the General Fund to the Controller for transfer to the Teachers’ Retirement Fund. The total amount of the appropriation for each year shall be equal to 0.524 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based, as reported annually to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst pursuant to Section 22955.5, and shall be divided into four equal quarterly payments. The percentage shall be adjusted to reflect the contribution required to fund the normal cost deficit or the unfunded obligation as determined by the board based upon a recommendation from its actuary. If a rate increase is required, the adjustment may be for no more than 0.25 percent per year and in no case may the transfer made pursuant to this subdivision exceed 1.505 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based. At any time when there is neither an unfunded obligation nor a normal cost deficit, the percentage shall be reduced to zero. The funds transferred pursuant to this subdivision shall first be applied to eliminating on or before June 30, 2027, the unfunded actuarial liability of the fund identified in the actuarial valuation as of June 30, 1997. (c) For the purposes of this section, the term “normal cost deficit” means the difference between the normal cost rate as determined in the actuarial valuation required by Section 22311 and the total of the member contribution rate required under Section 22901 and the employer contribution rate required under Section 22950, and shall exclude (1) the portion for unused sick leave service credit granted pursuant to Section 22717, and (2) the cost of benefit increases that occur after July 1, 1990. The contribution rates prescribed in Section 22901 and Section 22950 on July 1, 1990, shall be utilized to make the calculations. The normal cost deficit shall then be multiplied by the total of the creditable compensation upon which member contributions under this part are based to determine the dollar amount of the normal cost deficit for the year. (d) Pursuant to Section 22001 and case law, members are entitled to a financially sound retirement system. It is the intent of the Legislature that this section shall provide the retirement fund stable and full funding over the long term. (e) This section continues in effect but in a somewhat different form, fully performs, and does not in any way unreasonably impair, the contractual obligations determined by the court in California Teachers Assn. v. Cory, 155 Cal.App.3d 494. (f) Subdivision (b) shall not be construed to be applicable to any unfunded liability resulting from any benefit increase or change in contribution rate under this part that occurs after July 1, 1990. (g) The provisions of this section shall be construed and implemented to be in conformity with the judicial intent expressed by the court in California Teachers Assn. v. Cory, 155 Cal.App.3d 494. (h) Subdivisions (a) to (g), inclusive, shall be inoperative on and after July 1, 2014, and shall become operative beginning the earlier of July 1, 2046, or July 1 of the first fiscal year after a 30-day notice has been sent to the Joint Legislative Budget Committee and the Controller in compliance with subdivision (d) of Section 22957. (Amended by Stats. 2025, Ch. 239, Sec. 6. (SB 853) Effective January 1, 2026. Section inoperative from July 1, 2014, until operation resumes on date prescribed in subd. (h) (July 1, 2046, or sooner). Amending action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22955.1. Source version: id_97299b28-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) Notwithstanding Section 13340 of the Government Code, commencing July 1, 2003, a continuous appropriation is hereby annually made from the General Fund to the Controller, pursuant to this section, for transfer to the Teachers’ Retirement Fund. The total amount of the appropriation for each year shall be equal to 2.017 percent of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based, as reported annually to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst pursuant to Section 22955.5, and shall be divided into four equal payments. The payments shall be made on July 1, October 1, December 15, and April 15 of each fiscal year. If any of these dates fall on a weekend or holiday, the funds shall be transferred the next business day. (b) (1) Commencing July 1, 2014, the amount of the appropriation required under subdivision (a) shall increase by the following percentages of the creditable compensation upon which that appropriation is based: (A) On July 1, 2014, by 1.437 percent. (B) On July 1, 2015, by 2.874 percent. (C) On July 1, 2016, by 4.311 percent. (2) Except as provided in paragraph (3), for the 2017–18 fiscal year and each fiscal year thereafter, the board shall increase or decrease the percentage specified in this subdivision from the percentage paid during the prior fiscal year to reflect the contribution required to eliminate the remaining unfunded actuarial obligation, as determined by the board based upon a recommendation from its actuary. If a rate increase is required, the adjustment may be for no more than 0.50 percent per year of the total of the creditable compensation of the fiscal year ending in the immediately preceding calendar year upon which members’ contributions are based. At any time when there is not an unfunded actuarial obligation as determined by the board, the percentage specified in this subdivision shall be reduced to zero. (3) For the 2020–21 fiscal year, the percentage specified in this subdivision shall be the percentage set by the board pursuant to paragraph (2) for the 2019–20 fiscal year, and the board shall not increase or decrease the percentage specified in this paragraph for the 2020–21 fiscal year. This paragraph does not prevent payments towards the unfunded actuarial obligation from being made from other sources of funding, including, but not limited to, other sources in the General Fund. (c) Pursuant to Section 22001 and case law, members are entitled to a financially sound retirement system. It is the intent of the Legislature that this section shall provide the retirement fund stable and full funding over the long term. (d) This section continues in effect but in a somewhat different form, fully performs, and does not in any way unreasonably impair, the contractual obligations determined by the court in California Teachers Association v. Cory (1984) 155 Cal.App.3d 494. (e) Subdivision (b) shall not be construed to be applicable to any unfunded actuarial obligation resulting from any benefit increase or change in contribution rate under this part that occurs after July 1, 1990, except that state contributions made pursuant to subdivision (b) shall be allocated to reduce the unfunded actuarial obligation resulting from the benefits and contribution rates in effect as of July 1, 1990. (f) The provisions of this section shall be construed and implemented to be in conformity with the judicial intent expressed by the court in California Teachers Association v. Cory (1984) 155 Cal.App.3d 494. (g) (1) Except as described in paragraph (2), this section shall become inoperative on July 1, 2046, and as of January 1, 2047, is repealed. (2) Notwithstanding paragraph (1), on July 1 of the first fiscal year after a 30-day notice has been sent to the Joint Legislative Budget Committee and the Controller in compliance with subdivision (d) of Section 22957, this section shall become inoperative and, as of the following January 1, is repealed. (Amended by Stats. 2025, Ch. 239, Sec. 7. (SB 853) Effective January 1, 2026. Section inoperative July 1, 2046, or sooner as prescribed in subd. (g). Repealed on or before January 1, 2047, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22955.2. Source version: id_f8cfab91-9c40-11e9-b747-01b6d0bb107a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) In addition to the appropriation required pursuant to Section 22955.1, the Legislature hereby appropriates the amount identified for appropriation pursuant to subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution equivalent to the amount described in paragraph (3) of subdivision (d) of Section 35.50 of the annual Budget Act to supplement the state’s appropriation to the Teachers’ Retirement Fund, consistent with the requirements of this section and at the direction of the Department of Finance. The Department of Finance shall provide to the Controller a schedule establishing the timing of specific transfers to be used for these purposes. (b) The supplemental payment described in this section is for the state’s unfunded actuarial obligation determined pursuant to Section 22955.1 and is in excess of the current appropriation. Therefore, any amount transferred to a fund identified in subdivision (a) constitutes an obligation pursuant to subclause (IV) of clause (ii) of subparagraph (B) of paragraph (1) of subdivision (c) of Section 20 of Article XVI of the California Constitution. (Added by Stats. 2019, Ch. 33, Sec. 2. (SB 90) Effective June 27, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22955.5. Source version: id_d7ee3256-fe74-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) For purposes of Sections 22954, 22955, and 22955.1, “creditable compensation” shall include only creditable compensation for which member contributions are credited under the Defined Benefit Program. (b) On or after October 1 and on or before October 25 of each year, beginning in 2008, the board shall calculate the total amount of creditable compensation for the fiscal year that ended on the immediately preceding June 30. For the purpose of informing the Department of Finance and the Legislature of the amount of the state’s appropriations pursuant to Sections 22954, 22955, and 22955.1 in the next fiscal year, the system shall immediately submit a report that includes this calculation to the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst. (c) After submission of the report described in subdivision (b), on or before the April 15 after submission of the report described in subdivision (b), the system shall notify the Director of Finance, the Chairperson of the Joint Legislative Budget Committee, and the Legislative Analyst of any revisions in its calculation of the total amount of creditable compensation for the fiscal year that ended on the immediately preceding June 30. (d) The last revised calculation submitted pursuant to subdivision (c) on or before April 15 of each year or, if no such revised calculation is submitted, the calculation in the report submitted pursuant to subdivision (b) shall be the calculation of creditable compensation upon which the state’s appropriations pursuant to Sections 22954, 22955, and 22955.1 will be based in the next fiscal year. On or after April 15 and on or before May 1 of each year, the system shall submit to the Controller a copy of this calculation, along with a requested schedule of transfers to be made pursuant to the appropriations in Sections 22954, 22955, and 22955.1 in the next fiscal year beginning on the next July 1. The system shall also provide a copy of this schedule to the Director of Finance and the Legislative Analyst. (Amended by Stats. 2014, Ch. 47, Sec. 10. (AB 1469) Effective June 24, 2014. Amending action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22956. Source version: id_d10dcad2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= Employer and state contributions made to the plan pursuant to this part for service credited under the Defined Benefit Program shall not be credited to the individual member accounts. These contributions shall be held in the reserves of the plan to finance the employers’ share of the cost of all benefits payable under the plan with respect to the Defined Benefit Program. Under no circumstances shall these employer and state contributions be allocated or awarded to individual members, their spouses, or beneficiaries. (Amended by Stats. 2000, Ch. 1025, Sec. 23. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22957. Source version: id_c333a5ba-fe74-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) The Legislature hereby finds and declares that the provisions of Section 22950.5 do not constitute a new functional responsibility for schools and community colleges pursuant to subdivision (c) of Section 41204, and do not require an adjustment pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution. The Legislature further finds and declares that the provisions of Section 22950.5 do not constitute a reimbursable mandate for school districts pursuant to Article XIII B of the California Constitution. Any challenge to these findings shall be filed in Sacramento Superior Court within 60 days of the effective date of the act adding this section. Any action so filed shall be consolidated with any action filed pursuant to Section 22958. (b) On or before June 1 of each year, the Director of Finance shall determine if an adjustment to the constitutional minimum guarantee of funding for schools shall be made pursuant to a final, unappealable judicial decision holding that the increased contributions in Section 22950.5 constitute a new functional responsibility for schools and community colleges, pursuant to subdivision (c) of Section 41204, or any other final, unappealable, judicial decision holding that the increased contributions in Section 22950.5 require an adjustment in funding provided to schools and community colleges pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution. If the Director of Finance estimates that an adjustment will require increased General Fund expenditures of more than ten million dollars ($10,000,000), then the determination described in this subdivision shall be considered to have been met. This estimate shall be calculated solely within the discretion of the Director of Finance. (c) On or before June 1 of each year, the Director of Finance shall determine if any amounts are needed to fund school districts or other local governments due to a final unappealable administrative or judicial decision holding that the increased contributions in Section 22950.5 constitute a reimbursable mandate pursuant to Article XIII B of the California Constitution. If the Director of Finance estimates that the cost of the mandate is more than ten million dollars ($10,000,000), then the determination described in this subdivision shall be considered to have been met. This estimate shall be solely within the discretion of the Director of Finance, and the director need not wait for a final cost estimate, nor any other administrative determination, from the Commission of State Mandates prior to making this determination. (d) If, before June 1 of each year, the Director of Finance determines that the determinations described in subdivisions (b) or (c) have been met, then the Director of Finance shall immediately notify, in writing, the Joint Legislative Budget Committee and the Controller of this determination. (Added by Stats. 2014, Ch. 47, Sec. 11. (AB 1469) Effective June 24, 2014. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 16. Employer and State Contributions [22950 - 22958] SECTION 22958. Source version: id_c7263cac-fe74-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=16.&article= (a) Any action or proceeding challenging the validity of any matter authorized by the act adding this section by any person or entity shall be brought in accordance with, and within the time specified in, Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (b) This section provides the authorization for all entities referenced in the act adding this section as required by Section 860 of the Code of Civil Procedure. (c) Any action initiated pursuant to this section shall be brought in the Superior Court of the County of Sacramento. (Added by Stats. 2014, Ch. 47, Sec. 12. (AB 1469) Effective June 24, 2014. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23000. Source version: id_d10dcad6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= Each employer shall deduct from the creditable compensation of members employed by the employer the member contributions required by this part and shall remit to the system those contributions plus the employer contributions required by this part and Section 44987. (Amended by Stats. 1997, Ch. 482, Sec. 21. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23001. Source version: id_4f5bb45b-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= Each county superintendent, district superintendent, chancellor of a community college district, or other employing agency that reports directly to the system shall draw requisitions for contributions required by Sections 22901, 22901.7, 22950, and 22950.5 in favor of the State Teachers’ Retirement System, and the requisitions, when allowed and signed by the county auditor, shall constitute a warrant against the county treasury. The county superintendent, district superintendent, chancellor of a community college district, or other employing agency thereupon shall forward the warrants to the board in the system’s headquarters office. The amounts received shall be deposited immediately in the State Treasury to the Teachers’ Retirement Fund. (Amended by Stats. 2015, Ch. 123, Sec. 16. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23001.5. Source version: id_66689ee1-fcb6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= (a) All contributions due to the system by an employer under this part shall be paid by an electronic funds transfer method through an automated clearinghouse as prescribed by the board. This payment requirement is effective upon authorization by the board. (b) For purposes of this section, “automated clearinghouse” means any federal reserve bank, or an organization established in agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and which authorizes an electronic transfer of funds between these banks or bank accounts. (c) An employer that is unable, for good cause, to comply with subdivision (a) may apply to the board for a waiver that allows the employer to pay in an alternate manner as prescribed by the board. (Added by Stats. 2018, Ch. 125, Sec. 1. (AB 2052) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23002. Source version: id_d10f517a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= Member and employer contributions required by this part and Section 44987 are due in the office of the system five working days immediately following the period covered by the monthly report upon which the compensation earned during the period is being reported and from and upon which the contributions are due. Payments shall be delinquent on the sixth working day thereafter and regular interest on delinquent payments shall begin to accrue as of that day. The board shall authorize estimated payments of not less than 95 percent of the contributions due, and, in that case, the balance of contributions payable shall be due in the office of the system no more than 15 working days following the period covered by the monthly report upon which the contributions are based. This additional payment shall be delinquent on the 16th working day thereafter, and regular interest shall begin to accrue as of that day. (Amended by Stats. 1997, Ch. 482, Sec. 22. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23002.5. Source version: id_d10f517c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= Member and employer contributions from school districts conducting a year-round school operation or a continuous school program shall be reported as part of the school year in which the service began. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23003. Source version: id_189ac479-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= (a) If a county superintendent of schools or employing agency or school district or community college district that reports directly to the system fails to make payment of contributions as provided in Section 23002, the board shall, in accordance with regulations, assess penalties. (b) The board shall, in accordance with regulations, charge regular interest on any delinquent contributions under this part. (Amended by Stats. 2009, Ch. 249, Sec. 5. (AB 654) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23004. Source version: id_426918bc-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= The county superintendent of schools or employing agency shall, or a school district or community college district may, with approval of the board, submit a report monthly to the system containing information as the board may require in the administration of the plan. That monthly report shall be submitted electronically in an encrypted format provided by the system that ensures the security of the transmitted member data. (Amended by Stats. 2006, Ch. 655, Sec. 17. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23005. Source version: id_d10f5182-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= Monthly reports are due in the office of the system 30 calendar days immediately following the month in which the compensation being reported under this part was earned, and are delinquent 15 calendar days immediately thereafter. (Amended by Stats. 1998, Ch. 965, Sec. 122. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23006. Source version: id_8e0ecb15-317e-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= (a) If a county superintendent of schools or employing agency or school district or community college district that reports directly to the system, submits monthly reports, as specified by Section 23004, late, as defined in Section 23005, or in unacceptable form, the board shall, in accordance with regulations, assess penalties. (b) The board shall, in accordance with regulations, assess penalties, based on the sum of the employer and employee contributions required under this part by the report, for late or unacceptable submission of reports, at a rate of interest equal to the regular interest rate. (Amended by Stats. 2011, Ch. 703, Sec. 7. (SB 349) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23007. Source version: id_f39280ae-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= If any county superintendent, district superintendent, chancellor of a community college district, or other employing agency that reports directly to the system fails to make payment of any assessment by the board, the Controller shall, upon order of the board, withhold subsequent payments from the State School Fund to the county for deposit in the county school service fund or, upon the request of a county superintendent of schools to the county auditor, he or she shall withhold payments to a school district for deposit in the district general fund until the contributions and report are received in acceptable form in the office of the system and the board directs the Controller to make those payments, less the amount of the assessments to the county that would have been paid had no payments been withheld. The Controller shall then pay to the system the amount of the assessments withheld for deposit in the State Treasury to the Teachers’ Retirement Fund. (Amended by Stats. 2012, Ch. 864, Sec. 10. (AB 2663) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23008. Source version: id_a81a44d2-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= (a) If more or less than the required contributions specified in this part and Section 44987 are paid to the system based on any payment of creditable compensation to a member, proper adjustments shall be made on a monthly report, by the county superintendent, district superintendent, chancellor of a community college district, or other employing agency who submitted the report, within 60 days after discovery or notification by the system and any refunds shall be made to the member within the same time period by the employing agency. (b) The board shall, in accordance with regulations, assess penalties for late or improper adjustments pursuant to Section 23006. These penalties shall be no more than the regular interest as defined in Section 22162. The penalty so assessed shall be deemed interest earned in the year in which it was received. (Amended by Stats. 2010, Ch. 207, Sec. 11. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23009. Source version: id_d110d82a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= The board, if in the interest of the plan, may, in connection with adjustments to the required contributions referred to in Section 23008, receive or make payments directly from or to the member or beneficiary with interest. (Amended by Stats. 1996, Ch. 634, Sec. 170. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23010. Source version: id_6f365133-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= A person or entity that reports directly to the system that is assessed penalties or interest pursuant to Section 23003, 23006, or 23008 may appeal the assessed penalties or interest subject to the appeals process established pursuant to Section 22219. (Added by Stats. 2009, Ch. 249, Sec. 8. (AB 654) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23011. Source version: id_8d1cd2da-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= Penalties and interest due to the system pursuant to Section 23003, 23006, or 23008 are additional required contributions that, when received, shall be deposited to the Teachers’ Retirement Fund and treated in the same manner as other contributions. (Added by Stats. 2020, Ch. 275, Sec. 13. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 17. Employer Collection and Reporting Procedures [23000 - 23012] SECTION 23012. Source version: id_422a0340-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=17.&article= (a) For the purpose of remitting contributions, assessments, or any other payment required by the system, the county superintendent of schools that reports directly to the system may, on an annual basis or as otherwise directed by the system, draw requisitions against the county school service fund and the funds of the county’s respective employing agencies in amounts equal to the total required to be paid by the employing agency. (b) Additionally, the county superintendent of schools may draw requisitions against the county school service fund and the funds of the county’s respective employing agencies, as applicable, in amounts necessary for recovering payments made pursuant to Section 24616.2. (Added by Stats. 2022, Ch. 754, Sec. 9. (AB 1667) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 18. Refund of Contributions [23100 - 23107] SECTION 23100. Source version: id_9be10057-317e-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=18.&article= (a) Upon termination of employment, a member may elect to be paid, pursuant to this part, each of the following: (1) The member’s accumulated retirement contributions made after June 30, 1935. (2) The member’s accumulated annuity deposit contributions. (3) An amount equal to the balance of credits in the member’s Defined Benefit Supplement account. (b) Accumulated retirement contributions and accumulated annuity deposit contributions shall include credited interest through the date of payment. (c) Accumulated retirement contributions shall be reduced by the amount of retirement or disability benefits paid to a member pursuant to this part. (Amended by Stats. 2011, Ch. 703, Sec. 8. (SB 349) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 18. Refund of Contributions [23100 - 23107] SECTION 23101. Source version: id_a9ac7ed9-317e-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=18.&article= (a) When a member’s accumulated retirement contributions are refunded, as provided in Section 23100, all rights to benefits pertaining to the service credit represented by those contributions under this part are forfeited. Those rights and benefits, based upon service performed prior to refund, shall not be restored until the member has redeposited the total of the refunded accumulated retirement contributions, and paid the regular interest thereon as provided in Chapter 19 (commencing with Section 23200). (b) In addition to the rights and benefits described in subdivision (a), any beneficiary designation made by a member pursuant to Chapter 20 (commencing with Section 23300) and Chapter 28 (commencing with Section 24300) under this part shall be invalidated upon the refund of the member’s accumulated retirement contributions. (Amended by Stats. 2011, Ch. 703, Sec. 9. (SB 349) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 18. Refund of Contributions [23100 - 23107] SECTION 23102. Source version: id_7dab2d03-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=18.&article= Prior to the system paying a refund of accumulated retirement contributions under this part, the employer shall certify that the member’s employment has been terminated in a format prescribed by the system unless the employment was terminated 12 months or more prior to the date the refund application is received by the system’s headquarters office. (Amended by Stats. 2019, Ch. 96, Sec. 15. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 18. Refund of Contributions [23100 - 23107] SECTION 23103. Source version: id_b778728b-317e-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=18.&article= Refunds to a member shall be made upon request of the member on a properly executed form prescribed by the system, or may be made without a request if it is determined by the board that the member’s employment is permanently terminated and the member does not have enough credited service under the Defined Benefit Program to qualify for service retirement under this part. (Amended by Stats. 2011, Ch. 703, Sec. 10. (SB 349) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 18. Refund of Contributions [23100 - 23107] SECTION 23104. Source version: id_ed2ddcb2-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=18.&article= (a) Deposit in the United States mail of an initial warrant drawn as directed by the member as a refund of contributions upon termination of employment, and addressed to the address directed by the member, constitutes a return of the member’s accumulated retirement contributions under this part. In lieu of an initial warrant, the system may initiate a disbursement by electronic funds transfer to a specific account at a financial institution as directed by the member as a refund of contributions upon termination of employment, which shall constitute a return of the member’s accumulated retirement contributions under this part. (b) Except as provided in subdivision (e), if the member has elected on a form provided by the system to transfer all or a specified portion of the accumulated retirement contributions that are eligible for direct trustee-to-trustee transfer to the trustee of a qualified plan under Section 402 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 402), deposit in the United States mail of a notice that the requested transfer has been made constitutes a return of the member’s accumulated retirement contributions under this part. (c) Except as provided in subdivision (e), for refunds not involving direct trustee-to-trustee transfers, if the member returns the total gross distribution amount to the system’s headquarters office within 30 days from the mailing date, the refund shall be canceled and the person shall be restored as a member of the Defined Benefit Program with all the rights and privileges under this part restored. (d) Except as provided in subdivision (e), for refunds involving direct trustee-to-trustee transfers, if the member returns the warrant drawn to the trustee of the qualified plan or the trustee returns the amount of the qualified refund and, if applicable, any additional amounts necessary to equal, but in no event to exceed, the total gross distribution amount to the system’s headquarters office within 30 days from the mailing date, the refund shall be canceled and the person shall be restored as a member of the Defined Benefit Program with all the rights and privileges under this part restored. (e) The mode of notice described in subdivision (b) and the measurement of time within which the return of total gross distribution amounts described in subdivisions (c) and (d) shall be made are subject to Section 22337. (Amended by Stats. 2014, Ch. 755, Sec. 25. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 18. Refund of Contributions [23100 - 23107] SECTION 23106. Source version: id_d1125ed8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=18.&article= If a member ceases to be entitled to credit for service in the Defined Benefit Program because the member has become entitled to credit for that service in another retirement system supported wholly or in part by funds of the United States government, or any state government or political subdivision thereof, the member is entitled to a refund of the accumulated retirement contributions made during the period for which he or she is entitled to credit in the other retirement system. (Amended by Stats. 1998, Ch. 965, Sec. 128. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 18. Refund of Contributions [23100 - 23107] SECTION 23107. Source version: id_d1125eda-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=18.&article= Any member of the Defined Benefit Program without terminating membership in the program and upon making application on forms provided by the system shall be paid a refund of the accumulated annuity deposit contributions under this part. (Amended by Stats. 1998, Ch. 965, Sec. 129. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 19. Redeposit of Contributions [23200 - 23203] SECTION 23200. Source version: id_4b4b4c60-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=19.&article= (a) If a person, whose accumulated retirement contributions have been refunded, again becomes a member of the Defined Benefit Program or is subject to Section 23201, the person may request to redeposit all or a portion of those contributions with regular interest from the date of refund to the date the system receives the request to redeposit. (b) If a nonmember spouse, as defined in Section 22651, withdraws accumulated contributions in accordance with Section 22661, the member may redeposit all or a portion of those contributions pursuant to subdivision (a), providing they are not receiving an allowance under Chapter 26 (commencing with Section 24100) or Chapter 27 (commencing with Section 24201). (c) If a member requests to redeposit a portion of all accumulated retirement contributions that were previously refunded subject to requirements imposed by the board, the member shall receive pro rata service credit in proportion to the amount redeposited. (Amended by Stats. 2024, Ch. 117, Sec. 2. (AB 2770) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 19. Redeposit of Contributions [23200 - 23203] SECTION 23201. Source version: id_4d9feac2-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=19.&article= Any person whose accumulated retirement contributions were refunded, who wishes to establish concurrent membership, and who has received, or will qualify to receive, a retirement allowance from one or more of the retirement systems defined in Section 22115.2, may request to redeposit all or a portion of the accumulated retirement contributions that were refunded, with regular interest from the date of refund to the date the system receives the request to redeposit, without being employed to perform creditable service subject to coverage under the Defined Benefit Program. (Amended by Stats. 2024, Ch. 117, Sec. 3. (AB 2770) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 19. Redeposit of Contributions [23200 - 23203] SECTION 23202. Source version: id_4fee6ea4-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=19.&article= (a) An election pursuant to Section 23200 to redeposit accumulated retirement contributions may be made by a member anytime prior to the effective date of the member’s retirement under this part. (b) An election to redeposit accumulated retirement contributions returned to the member shall be considered as an election to repay accumulated retirement contributions previously returned, up to but not exceeding the amount required to restore the total service credit returned, under the provisions of this chapter. A member shall sign and return the completed election to repay accumulated retirement contributions from the system to redeposit at a specific cost no later than 35 calendar days from the date of the offer. (c) If any payment due because of this election is not received at the system’s headquarters office within 120 calendar days of its due date, the election shall be canceled. Upon the cancellation of election, the member shall receive credit for the payments made under the election or, at the request of the member, those payments shall be returned. (d) If the election is canceled, the member may at any time prior to the effective date of retirement under this part, again elect to redeposit accumulated retirement contributions previously withdrawn or returned, in accordance with Section 23200 and all the laws, rules, and regulations pertaining thereto. (Amended by Stats. 2024, Ch. 117, Sec. 4. (AB 2770) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 19. Redeposit of Contributions [23200 - 23203] SECTION 23203. Source version: id_70163628-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=19.&article= (a) A member who elects to redeposit refunded accumulated retirement contributions shall pay, prior to retirement, all contributions and interest as determined under Section 23200. (b) If the system is unable to inform the member or beneficiary of the amount required to redeposit the refunded accumulated retirement contributions prior to the effective date of the applicable allowance, the member or beneficiary may make the required payment within 30 working days after the date of mailing of the statement of contributions and interest required or the effective date of the appropriate allowance, whichever is later, except as provided in subdivision (d). The payment shall be paid in full before a member or beneficiary receives any adjustment in the appropriate allowance due because of that payment. (c) Redeposit of refunded accumulated retirement contributions shall be made in one sum, or in not more than 120 monthly installments, not to exceed ten years, provided that no installment, except the final installment, is less than twenty-five dollars ($25). (d) The measurement of time within which a redeposit described in subdivision (b) shall be made is subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 8. (AB 989) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22100. Source version: id_d09fc6f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22101. Source version: id_d09fc6f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Accumulated annuity deposit contributions” means the sum of all the annuity deposits standing to the credit of the member’s account, together with credited interest. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22101.5. Source version: id_7c17d8e8-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Accumulated Defined Benefit Supplement account balance” means the amount of credits equal to the sum of member contributions, the member contributions picked up by an employer, employer contributions, interest credited pursuant to Section 25005 and additional earnings credited pursuant to Section 25006. (Amended (as added by Stats. 2000, Ch. 1021, Sec. 1) by Stats. 2016, Ch. 218, Sec. 2. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22102. Source version: id_d09fc6fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Accumulated retirement contributions” means the sum of the member contributions, the member contributions picked up by an employer pursuant to Sections 22903 and 22904, and credited interest on those contributions. Accumulated retirement contributions shall not include accumulated annuity deposit contributions, accumulated tax-sheltered annuity contributions, accumulated Defined Benefit Supplement account balance, or additional earnings credit. (Amended by Stats. 2000, Ch. 1021, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22103. Source version: id_d0a14d9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Accumulated tax-sheltered annuity contributions” means the tax-sheltered contributions made by a member and standing to the credit of the member’s account, together with credited interest. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22104. Source version: id_d0a14da1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Actuarial equivalent” means an allowance of equal value when computed upon the basis of such tables and interest rates that are adopted by the board. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22104.5. Source version: id_d0a14da3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Actuary” means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by the board for the purpose of actuarial services required under this part. (Added by Stats. 1999, Ch. 939, Sec. 4. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22104.7. Source version: id_d0a14da5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Additional earnings credit” means an amount derived from investment income for the plan year as determined by the board by plan amendment and added to members’ Defined Benefit Supplement accounts in addition to the amount credited at the minimum interest rate for that plan year. (Added by Stats. 2000, Ch. 74, Sec. 4. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22104.8. Source version: id_2c66f90a-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Annualized pay rate” means the salary or wages, as described in Section 22119.2 or 22119.3, a person could earn during a school term for an assignment if creditable service were performed for that assignment on a full-time basis. (b) If creditable service is not performed on a full-time basis because a member is performing those activities pursuant to subdivision (d) of Section 22119.5, the annualized pay rate shall be determined as if the salary or wages have been earned at the lowest annualized pay rate of other creditable service activities performed by the member for the same employer during the same school year. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 1. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version, as amended by Sec. 1 of Stats. 2025, Ch. 239.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22104.8. Source version: id_88a098fc-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Annualized pay rate” means the salary, as described in Section 22119.3, a person could earn during a school term in each position subject to membership if creditable service were performed for that position on a full-time basis. (b) The annualized pay rate shall be determined pursuant to the publicly available pay schedule by using either of the following methods: (1) Explicitly itemized as a single amount, either separately or within a table. (2) Derived from an explicit hourly or daily rate multiplied by the total hours or days required in order to be employed in the position subject to membership on a full-time basis pursuant to Section 22138.5. If the total hours or days required to be employed on a full-time basis is not established, the number of hours or days shall be the minimum standard described in Section 22138.5. (c) If no annualized pay rate exists pursuant to subdivision (b) for a position subject to membership, all compensation earned in that position shall be deemed “supplemental pay” pursuant to paragraph (2) of subdivision (a) of Section 22119.3. (d) This definition of “annualized pay rate” is consistent with subdivision (e) of Section 22115. (e) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Amended (as added by Stats. 2024, Ch. 690, Sec. 2) by Stats. 2025, Ch. 239, Sec. 1. (SB 853) Effective January 1, 2026. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22104.9. Source version: id_d0a14da7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Annuitant Reserve” means a segregated account within the retirement fund established and maintained for expenditure on annuities payable under the Defined Benefit Supplement Program. (Added by Stats. 2000, Ch. 74, Sec. 5. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22105. Source version: id_d0a2d449-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Annuity,” with respect to the Defined Benefit Program, means payments for life derived from the “accumulated annuity deposit contributions” of a member. (b) “Annuity,” with respect to the Defined Benefit Supplement Program, means an alternative payment arrangement wherein a benefit based on the balance of credits in a member’s Defined Benefit Supplement account is paid monthly rather than in a lump-sum. (Amended by Stats. 2000, Ch. 74, Sec. 6. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22105.5. Source version: id_830ade9a-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Annuity beneficiary” means the person or trust designated by a member pursuant to Section 25011, 25011.1, 25018, or 25018.1 to receive an annuity under the Defined Benefit Supplement Program upon the member’s death. (Amended by Stats. 2016, Ch. 559, Sec. 1. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22106. Source version: id_d0a2d44d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Annuity deposit contributions” means additional contributions made by a member prior to July 1, 1972, above those required for credited service for the purpose of providing additional retirement income. (Amended by Stats. 2000, Ch. 1025, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22106.1. Source version: id_89ee2cdc-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= For the purposes of determining supplemental benefits pursuant to Sections 24412 and 24415, except as provided under Section 24410, “base allowance” means a monthly allowance under the Defined Benefit Program prior to all allowance increases by this part and after modification for an option, if applicable. (Amended by Stats. 2016, Ch. 218, Sec. 3. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22106.2. Source version: id_d6aff6dc-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Base days” means the number of days of creditable service the employer requires the member’s class of employees to perform in a school year during the member’s most recent year of creditable service to earn one year of service credit. Base days shall not include school and legal holidays and shall not be less than the minimum standard specified in Section 22138.5. For those standards identified in Section 22138.5 that are expressed only in terms of hours, the number of hours shall be divided by six to determine the number of base days. The number of base days shall not be less than 175. (Amended by Stats. 2020, Ch. 275, Sec. 1. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22106.3. Source version: id_b5cc5754-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Base hours” means the number of hours of creditable service required to earn one year of service credit. (Added by renumbering Section 22106.2 by Stats. 2014, Ch. 755, Sec. 3. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22106.5. Source version: id_a5085fb1-fccb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Basis of employment” means the standard of time over which the employer expects service to be performed by an employee in the position during the school term. (a) “Full-time basis” means a basis of employment that is full time. (b) “Part-time basis” means a basis of employment that is less than full time. (Amended by Stats. 2018, Ch. 416, Sec. 1. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22107. Source version: id_d0a2d455-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Beneficiary,” with respect to the Defined Benefit Program, means any person or entity receiving or entitled to receive an allowance or lump-sum payment under the Defined Benefit Program because of the disability or death of a member. (b) “Beneficiary,” with respect to the Defined Benefit Supplement Program, means any person or entity receiving or entitled to receive a final benefit under the Defined Benefit Supplement Program upon the death of a member. (Amended by Stats. 2000, Ch. 74, Sec. 8. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22108. Source version: id_d0a45af7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Benefit” or “benefits,” with respect to the Defined Benefit Program, means any monthly payment due a retired member, disabled member, or beneficiary, and includes lump-sum payments due on account of death. (b) “Benefit” and “benefits,” with respect to the Defined Benefit Supplement Program, means an amount equal to the balance of credits in a member’s Defined Benefit Supplement account. (Amended by Stats. 2000, Ch. 74, Sec. 9. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22109. Source version: id_d0a45af9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Board” means the Teachers’ Retirement Board. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22109.8. Source version: id_585b2f82-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “California Public Employees’ Pension Reform Act of 2013” means the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1 of the Government Code). (Added by Stats. 2013, Ch. 559, Sec. 2. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22110. Source version: id_d0a45afd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “California service” means service performed in California for which credit may be given. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22110.1. Source version: id_d0a45aff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Cash Balance Benefit Program” means the benefit program of the State Teachers’ Retirement Plan as set forth in Part 14 (commencing with Section 26000). (Amended by Stats. 1998, Ch. 1048, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22110.2. Source version: id_d0a5e1a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Credential,” “credentials,” and “certificate” mean any life diploma, credential, certificate, or other document provided for, by, and issued pursuant to the laws of the state that authorize service in the public school system of this state. (Added by Stats. 1996, Ch. 634, Sec. 6.5. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22110.5. Source version: id_d0a5e1a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Certificated” means the holding by a person of a credential that is required by the laws of the state to be held as a condition to valid employment in the position in which the person is employed. (Added by Stats. 1996, Ch. 634, Sec. 7. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22111. Source version: id_d0a5e1a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Child’s portion” or “children’s portion” means the amount of a disability allowance, disability retirement allowance, family allowance, or survivor benefit allowance payable for a dependent child or dependent children. (Repealed and added by Stats. 1996, Ch. 1165, Sec. 3. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22112.5. Source version: id_d0a5e1a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Class of employees” means a number of employees considered as a group because they are employed to perform similar duties, are employed in the same type of program, or share other similarities related to the nature of the work being performed. (b) A class of employees may be comprised of one person if no other person employed by the employer performs similar duties, is employed in the same type of program, or shares other similarities related to the nature of the work being performed and that same class is in common use among other employers. (c) The board shall have the right to override the determination by an employer as to whether or not a group or an individual constitutes a “class of employees” within the meaning of this section. (d) The amendments to this section during the 1995–96 Regular Session of the Legislature shall be deemed to have become operative on July 1, 1996. (Amended by Stats. 1996, Ch. 1165, Sec. 5. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22112.6. Source version: id_c68dc3a3-fccb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= Notwithstanding Section 22112.5, any county office of education that, prior to January 1, 1997, operated a special education program for up to 225 days, and changes that program to a regular school term of not less than 180 school days with an extended school term of not more than 45 days effective July 1, 1998, may consider days of service in defining not more than two classes of employees, subject to the following: (a) Members employed in the 225-day program prior to October 1, 1997, may remain in a class of employees for whom full-time service is 216 days per school term. (b) Any of those members may elect to belong to a second class of employees for whom full-time service is fewer than 216 days per year, but not less than the minimum standard specified in paragraph (1) of subdivision (b) of Section 22138.5, if both of the following conditions exist: (1) The election is made on or before June 30, 1998, and is effective July 1, 1998. (2) The election is nonrevocable. (c) All certificated employees hired on or after October 1, 1997, shall belong to the class of employees specified in subdivision (b). (d) This section shall not apply to certificated employees whose base school term is determined pursuant to subparagraph (A) or (B) of paragraph (2) of subdivision (b) of Section 22138.5. (Amended by Stats. 2018, Ch. 416, Sec. 2. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22113. Source version: id_d0a5e1ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Comparable level position” means any job in which the member can earn 662/3 percent or more of indexed final compensation. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22115. Source version: id_2f4c8ccc-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Compensation earnable” means the sum of the following: (1) The average annualized pay rate, which shall be determined as the quotient obtained when salary or wages, as described in Section 22119.2 or 22119.3, paid in a school year is divided by the service credited for that school year. The quotient shall not exceed the member’s highest annualized pay rate for that school year. (2) Remuneration that is paid in addition to salary or wages, as described in Section 22119.2 or 22119.3, for the school year described in paragraph (1). (b) If a member earns creditable compensation at multiple annualized pay rates during a school year and service credited at the highest annualized pay rate is at least 0.900 of a year, compensation earnable shall be determined as if all service credited for that year had been earned at the highest annualized pay rate. (c) Compensation earnable excludes creditable compensation for which contributions are credited by the system to the Defined Benefit Supplement Program. (d) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 3. (AB 1997) Effective January 1, 2025. Repealed as of July 1, 2027, by its own provisions. Conditionally inoperative as prescribed by its own provisions. See later operative version added by Sec. 2 of Stats. 2024, Ch. 690.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22115. Source version: id_61525d9a-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Compensation earnable” means the sum of the following: (1) The average annualized pay rate, which shall be determined as the quotient obtained when salary, as described in Section 22119.3, earned in a school year is divided by the service credited for that salary pursuant to paragraph (1) of subdivision (c) of Section 22701. The quotient shall not exceed the member’s highest annualized pay rate for that school year. (2) Special pay, as described in Section 22119.3, for the same school year referenced in paragraph (1). (b) If a member earns salary at multiple annualized pay rates during a school year and service credited at the highest annualized pay rate is at least 0.900 of a year, compensation earnable shall be determined as if all salary for that year had been earned at the highest annualized pay rate. (c) Compensation earnable excludes all supplemental pay and any creditable compensation for which contributions are credited by the system to the Defined Benefit Supplement Program. (d) Compensation earnable shall not exceed the limits described in Section 22317.5. (e) This definition of “compensation earnable” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment of compensation earnable throughout a member’s career, consistent treatment of compensation earnable among an entire class of employees, consistent treatment of compensation earnable for the position, preventing adverse selection, and excluding from compensation earnable remuneration that is paid to enhance a member’s benefits. This definition is also consistent with the definition of “pensionable compensation” under Section 7522.34 of the Government Code for members who are subject to the California Public Employees’ Pension Reform Act of 2013. (f) A presumption by the system that creditable compensation was paid or reported to enhance the member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable compensation was paid to enhance the member’s benefits may be reversed. (g) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 3) and added by Stats. 2024, Ch. 690, Sec. 4. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22115.2. Source version: id_90c14e7e-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Concurrent membership” means membership in the Defined Benefit Program by an individual who is credited with service that is not used as a basis for benefits under any other public retirement system and is also a member of the California Public Employees’ Retirement System, the Legislators’ Retirement System, the University of California Retirement System, county retirement systems established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code, or the San Francisco Employees’ Retirement System. A member with concurrent membership shall have the right to the following: (a) Have final compensation determined pursuant to subdivision (d) of Section 22134 or subdivision (d) of Section 22134.5. (b) Redeposit accumulated retirement contributions pursuant to Section 23201. (c) Apply for retirement pursuant to paragraph (2) of subdivision (a) of Section 24201. (Amended by Stats. 2016, Ch. 218, Sec. 5. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22115.5. Source version: id_d0a76853-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Concurrent retirement” entitles a member of the Defined Benefit Program to retire for service from the State Teachers’ Retirement System and from at least one of the retirement systems with which the member has concurrent membership, as defined in Section 22115.2, on the same date or on different dates provided that the member does not perform creditable service subject to coverage under the other system or the Defined Benefit Program between the two retirement dates. (b) A retired member who is subsequently employed in a position subject to membership in a public retirement system, specified in Section 22115.2, shall not be eligible for concurrent retirement. (Added by Stats. 1999, Ch. 939, Sec. 9. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22117. Source version: id_d0a8eef5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Contribution rate for additional service credit” means the contribution rate adopted by the board as a plan amendment with respect to the Defined Benefit Program for the purchase of service credit. This rate shall be based upon the most recent valuation of the plan with respect to the Defined Benefit Program and increased to include any subsequently required contribution rates designated for funding subsequent allowance increases. (Amended by Stats. 1998, Ch. 965, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22118. Source version: id_d0a8eef7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “County” includes “city and county.” (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22119. Source version: id_d0a8eef9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “County superintendent” means the county superintendent of schools. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22119.2. Source version: id_323c59be-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Creditable compensation” means the following remuneration that is paid in cash by an employer to all persons in the same class of employees for performing creditable service in that position: (1) Salary or wages paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement. (2) Remuneration that is paid in addition to salary or wages, provided it is paid to all persons who are in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed. (b) Creditable compensation shall include: (1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (d). (2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904. (3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code. (4) Any other payments the board determines to be “creditable compensation.” (c) Any creditable compensation determined by the system to have been paid to enhance a member’s benefits shall not be credited under the Defined Benefit Program. Contributions on that compensation shall be credited to the Defined Benefit Supplement Program. A presumption by the system that creditable compensation was paid to enhance a member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable compensation was paid to enhance the member’s benefits may be reversed. (d) “Creditable compensation” does not mean and shall not include: (1) Remuneration that is not paid in cash or is not paid to all persons who are in the same class of employees. (2) Remuneration that is paid for service that is not creditable service pursuant to Section 22119.5 or 22119.6. (3) Remuneration that is paid in addition to salary or wages if it is not paid to all persons in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed pursuant to paragraph (2) of subdivision (a). (4) Remuneration that is paid in exchange for the relinquishment of unused accumulated leave. (5) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer and is not deducted from the member’s salary. (6) Fringe benefits provided by an employer. (7) Expenses paid or reimbursed by an employer. (8) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a member as compensatory damages or as a compromise settlement. (9) Any other payments the board determines not to be “creditable compensation.” (e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with subdivision (a), (b), or (d) may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section. (f) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (g) This definition of “creditable compensation” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment of compensation throughout a member’s career, consistent treatment of compensation among an entire class of employees, consistent treatment of compensation for the position, preventing adverse selection, and excluding from compensation earnable remuneration that is paid to enhance a member’s benefits. The system shall determine the appropriate crediting of contributions between the Defined Benefit Program and the Defined Benefit Supplement Program according to these principles, to the extent not otherwise specified pursuant to this part. (h) The section shall become operative on July 1, 2002. (i) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (j) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 5. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22119.3. Source version: id_349e65a0-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Creditable compensation” for members who are subject to the California Public Employees’ Pension Reform Act of 2013 means the following remuneration that is paid in cash by an employer for performing creditable service in that position each pay period the creditable service is performed: (1) Salary or wages. (2) Remuneration that is paid in addition to salary or wages, only if it is paid to all persons who are in the same class of employees in the same dollar amount, the same percentage of salary or wages, or the same percentage of the amount being distributed. (b) Creditable compensation shall be paid to all persons in the same class of employees in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement, and shall include: (1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (c). (2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904. (3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code. (4) Notwithstanding paragraphs (6) and (8) of subdivision (c) of Section 7522.34 of the Government Code, remuneration that is paid for creditable service that exceeds one year in a school year. (c) “Creditable compensation” does not mean and shall not include: (1) Remuneration that is not paid in cash or is not paid to all persons who are in the same class of employees. (2) Remuneration that is paid for service that is not creditable service pursuant to Section 22119.5 or 22119.6. (3) Remuneration that is not paid each pay period in which creditable service is performed for that position. (4) Remuneration that is paid in exchange for the relinquishment of unused accumulated leave. (5) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer. (6) Fringe benefits provided by an employer. (7) Expenses paid or reimbursed by an employer. (8) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a member as compensatory damages or as a compromise settlement. (9) Creditable compensation determined by the system to have been paid to enhance a member’s benefit. (10) Compensation paid to the member in lieu of benefits provided to the member by the employer or paid directly by the employer to a third party other than the system for the benefit of the member. (11) Any one-time or ad hoc payments made to a member. (12) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform. (13) Any bonus paid in addition to compensation described in subdivision (a). (14) Any other payments the board determines not to be “creditable compensation.” (d) (1) Except for purposes of calculating credited service in the Defined Benefit Program and for reporting annualized pay rate on or after January 1, 2013, creditable compensation in any fiscal year shall not exceed: (A) One hundred twenty percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a member whose service is not included in the federal system. (B) One hundred percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a member whose service is included in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013. (2) The system shall adjust the limit based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February in the fiscal year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February of the previous year rounded to the nearest thousandth. Notwithstanding paragraph (1) of subdivision (d) of Section 7522.10 of the Government Code, the adjustment shall be effective annually on July 1, beginning July 1, 2014. (3) The Legislature reserves the right to modify the requirements of this subdivision with regard to all members subject to this subdivision, except that the Legislature may not modify these provisions in a manner that would result in a decrease in benefits accrued prior to the effective date of the modification. (4) This subdivision shall apply to compensation paid during the 2013–14 fiscal year and each fiscal year thereafter. (e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with subdivision (a), (b), or (c) may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section. (f) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (g) This definition of “creditable compensation” reflects sound principles that support the integrity of the retirement fund. Those principles include, but are not limited to, consistent treatment of compensation throughout a member’s career, consistent treatment of compensation among an entire class of employees, consistent treatment of compensation for the position, preventing adverse selection, and excluding from creditable compensation remuneration that is paid to enhance a member’s benefits. The system shall determine the appropriate crediting of contributions according to these principles, to the extent not otherwise specified pursuant to this part. A presumption by the system that creditable compensation was paid to enhance the member’s benefits may be rebutted by the member or by the employer on behalf of the member. Upon receipt of sufficient evidence to the contrary, a presumption by the system that creditable compensation was paid to enhance the member’s benefits may be reversed. (h) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 6. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 7 of Stats. 2024, Ch. 690.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22119.3. Source version: id_6511134c-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Creditable compensation” means the following remuneration that is paid in cash by an employer: (1) “Base pay,” which shall be used exclusively to determine compensation earnable and shall meet all the following criteria: (A) Is either of the following: (i) Salary established pursuant to a publicly available pay schedule. (ii) Special pay established pursuant to a publicly available agreement. (B) Is paid for performing creditable service up to the full-time equivalent. (C) Is paid to all persons in the same class of employees who meet the requirements specified in a publicly available pay schedule or publicly available agreement provided that those requirements are permitted by the board in accordance with regulations. (D) Is not paid a limited number of times. (E) Is not a bonus for members who are subject to the California Public Employees’ Pension Reform Act of 2013. (2) “Supplemental pay” is any compensation that does not meet the criteria for base pay and is not otherwise excluded from this definition of creditable compensation pursuant to subdivision (c). (b) Except as otherwise prohibited pursuant to subdivision (c), “creditable compensation” shall include: (1) Remuneration that is paid for the use of sick leave, vacation leave, or an employer-approved compensated leave of absence, except as provided in paragraph (4) of subdivision (c). (2) Member contributions that are picked up by an employer pursuant to Section 22903 or 22904. (3) Amounts that are deducted from a member’s remuneration, including, but not limited to, deductions for participation in a deferred compensation plan; deductions to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code. (4) Notwithstanding paragraphs (6) and (8) of subdivision (c) of Section 7522.34 of the Government Code, remuneration that is paid for creditable service that exceeds one year in a school year. (c) “Creditable compensation” does not mean and shall not include: (1) Remuneration that is not paid in cash. (2) Remuneration that is paid in exchange for the relinquishment of unused accumulated leave. (3) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer. (4) Fringe benefits provided by an employer. (5) Expenses paid or reimbursed by an employer. (6) Severance pay, including lump-sum and installment payments. (7) Compensation paid in excess of base pay to a member as compensatory damages or as a compromise settlement. (8) Creditable compensation determined by the system to have been paid to enhance a member’s benefit. (9) Compensation paid to the member in lieu of benefits provided to the member by the employer or paid directly by the employer to a third party other than the system for the benefit of the member. (10) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform. (11) Any other payments the board determines not to be “creditable compensation.” (d) Except for purposes of calculating credited service in the Defined Benefit Program and for reporting annualized pay rates, creditable compensation in any fiscal year shall not exceed the limits described in Section 22317.5. (e) An employer or individual who knowingly or willfully reports compensation in a manner inconsistent with this section or Section 22104.8 may be subject to prosecution for fraud, theft, or embezzlement in accordance with the Penal Code. The system may establish procedures to ensure that compensation reported by an employer is in compliance with this section. (f) This definition of “creditable compensation” is consistent with subdivision (e) of Section 22115. (g) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 6) and added by Stats. 2024, Ch. 690, Sec. 7. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22119.5. Source version: id_379d26b2-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers: (1) A prekindergarten through grade 12 employer in a position with certification qualifications authorized by the Commission on Teacher Credentialing pursuant to Section 44001. (2) A community college employer by a faculty member, as defined in Section 87003, in an academic position, as defined in subdivision (b) of Section 87001, or by an educational administrator, as defined in subdivision (b) of Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356, or pursuant to a contract between a community college district and the United States Department of Defense to provide vocational training. (3) A charter school employer under the provisions of an approved charter for the operation of a charter school for which the charter school is eligible to receive state apportionment. (b) The types of activities are any of the following: (1) The work of teachers, instructors, district interns, and academic employees employed in the instructional program for pupils, including special programs such as adult education, regional occupation programs, child care centers, and prekindergarten programs pursuant to Section 22161. (2) Education or vocational counseling, guidance, and placement services. (3) The work of employees who plan courses of study to be used in California public schools, or research connected with the evaluation or efficiency of the instructional program. (4) The selection, collection, preparation, classification, demonstration, or evaluation of instructional materials of any course of study for use in the development of the instructional program in California public schools, or other services related to California public school curriculum. (5) The examination, selection, in-service training, mentoring, or assignment of teachers, principals, or other similar personnel involved in the instructional program. (6) The work of nurses, physicians, speech therapists, psychologists, audiologists, and other California public school health professionals. (7) Services as a California public school librarian. (8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils. (9) The work of employees who are responsible for the supervision of persons or administration of the duties described in this subdivision. (c) “Creditable service” also means any of the activities described in subdivision (b) when they are performed for an employer by: (1) Superintendents of California public schools, and presidents and chancellors of community college employers. (2) Consulting teachers employed by an employer to participate in the California Peer Assistance and Review Program for Teachers pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2. (3) Audiometrists who hold a certificate of registration issued by the State Department of Health Care Services. (d) “Creditable service” also means the performance of California public school activities related to, and an outgrowth of, the instructional and guidance program of the California public school when performed for the same employer for which the member is performing any of the activities described in subdivision (b) or (c). (e) The board shall have final authority for determining creditable service to cover any activities not already specified. (f) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 8. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 9 of Stats. 2024, Ch. 690.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22119.5. Source version: id_6883a4ce-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Creditable service” means service in a position subject to membership. (b) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 8) and added by Stats. 2024, Ch. 690, Sec. 9. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22119.6. Source version: id_00d96d11-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) Creditable service shall also include any activities that do not meet the definition of creditable service under Section 22119.5, but were performed for any employer, as defined in Section 22131, on or before December 31, 2015, and were reported as creditable service to the system. (b) The type of activities described in subdivision (a) performed by a member who becomes employed by the same or a different employer in a new position on or after January 1, 2016, shall be subject to Section 22119.5. (Added by Stats. 2015, Ch. 782, Sec. 5. (AB 963) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22120. Source version: id_9797f290-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Credited interest” means interest that is credited to active members’ and inactive members’ accumulated retirement contributions and accumulated annuity deposit contributions at a rate set annually by the board as a plan amendment with respect to the Defined Benefit Program. (Amended by Stats. 2016, Ch. 218, Sec. 6. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22121. Source version: id_3aa44c34-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Credited service” means service for which the required contributions have been paid and service for which required contributions would have been paid in absence of the limit prescribed by Section 401(a)(17) of Title 26 of the United States Code as described in Section 22317.5. (b) “Credited service” for members who are subject to the California Public Employees’ Pension Reform Act of 2013 means service for which required contributions have been paid and service for which required contributions would have been paid in absence of the limit established by subdivision (d) of Section 22119.3. (c) “Credited service” for the limited purpose of determining eligibility for benefits pursuant to Section 22134.5, 24203.5, or 24203.6 also includes up to two-tenths of one year of service granted pursuant to Section 22717. (d) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 10. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 11 of Stats. 2024, Ch. 690.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22121. Source version: id_6c079b70-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Credited service” means service for which the required contributions have been paid and service for which required contributions would have been paid in absence of the limits described in Section 22317.5. (b) “Credited service” for the limited purpose of determining eligibility for benefits pursuant to Section 22134.5, 24203.5, or 24203.6 also includes up to two-tenths of one year of service granted pursuant to Section 22717. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 10) and added by Stats. 2024, Ch. 690, Sec. 11. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22122. Source version: id_d0aa75a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Custodian” as used in Section 22359, means any bank or trust company that serves as custodian for safekeeping, delivery, securities valuation, investment performance reporting, and other services in connection with investment of the fund. (Amended by Stats. 1996, Ch. 634, Sec. 11. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22122.4. Source version: id_d0aa75a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Death payment” means the amount payable upon the death of a member pursuant to Section 23801, 23851, or 23880. (Added by Stats. 1996, Ch. 634, Sec. 12. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22122.5. Source version: id_d0aa75a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Defined Benefit Program” means the Defined Benefit Program provided in the State Teachers’ Retirement Plan as set forth in this part. (Amended by Stats. 1998, Ch. 1048, Sec. 3. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22122.7. Source version: id_d0abfc4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Defined Benefit Supplement contributions” means member contributions and employer contributions that are credited by the system to the member’s Defined Benefit Supplement account pursuant to Section 25004. (Added by Stats. 2000, Ch. 74, Sec. 10. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22123. Source version: id_39ac2852-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Dependent child” or “dependent children” under the disability allowance and family allowance programs means a member’s unmarried offspring or stepchild who is under 22 years of age and who is financially dependent upon the member on the effective date of the member’s disability allowance or the date of the member’s death. (b) “Offspring” shall include the member’s child who is born within the 10-month period commencing on the earlier of the member’s disability allowance effective date or the date of the member’s death. (c) “Offspring” shall include a child adopted by the member. (d) “Dependent child” shall not include the member’s offspring or stepchild who is adopted by a person other than the member’s spouse. (e) “Dependent child” under the family allowance program shall not include: (1) The member’s offspring or stepchild who was financially dependent on the member on the date of the member’s death if a disability allowance was payable to the member prior to his or her death and the disability allowance did not include an amount payable for that offspring or stepchild. (2) A stepchild or adopted child acquired subsequent to the death of the member. (f) “Financially dependent” for purposes of this section means that at least one-half of the child’s support was being provided by the member on the member’s disability allowance effective date or the date of the member’s death. The system may require that income tax records or other data be submitted to substantiate the child’s financial dependence. In the absence of substantiating documentation, the system may determine that the child was not dependent on the effective date of the member’s disability allowance or the date of the member’s death. (g) “Member” as used in this section shall have the same meaning specified in Section 23800. (Amended by Stats. 2006, Ch. 655, Sec. 4. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22123.5. Source version: id_39fbcef4-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Dependent child” or “dependent children” under the disability retirement and survivor benefit allowance programs means a member’s offspring or stepchild who is under 21 years of age and who is financially dependent upon the member on the effective date of the member’s disability retirement or the date of the member’s death. (b) “Offspring” shall include the member’s child who is born within the 10-month period commencing on the earlier of the member’s disability retirement effective date or the date of the member’s death. (c) “Offspring” shall include a child adopted by the member. (d) “Dependent child” shall not include the member’s offspring or stepchild who is adopted by a person other than the member’s spouse. (e) “Dependent child” under the survivor benefit allowance program shall not include a stepchild or adopted child acquired subsequent to the death of the member. (f) “Financially dependent” for purposes of this section means that at least one-half of the child’s support was being provided by the member on the member’s disability retirement effective date or the date of the member’s death. The system may require that income tax records or other data be submitted to substantiate the child’s financial dependence. In the absence of substantiating documentation, the system may determine that the child was not dependent on the effective date of the member’s disability retirement or the date of the member’s death. (g) “Member” as used in this section shall have the same meaning specified in Section 23850. (Amended by Stats. 2006, Ch. 655, Sec. 5. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22124. Source version: id_d0abfc51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Dependent parent” means a natural parent of a member, or a parent who adopted the member prior to the earlier of the occurrence of the member’s marriage or his or her attaining 18 years of age, and who was receiving one-half or more of his or her support from the member at the time of the member’s death. (Amended by Stats. 1996, Ch. 634, Sec. 14. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22126. Source version: id_a042ab74-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Disability” or “disabled” means any medically determinable physical or mental impairment that is permanent or that can be expected to last continuously for at least 12 months, measured from the onset of the disability, but no earlier than the day following the last day of actual performance of service that prevents a member from performing the member’s usual duties for the member’s employer, the member’s usual duties for the member’s employer with reasonable modifications, or the duties of a comparable level position for which the member is qualified or can become qualified within a reasonable period of time by education, training, or experience. Any impairment from a willful self-inflicted injury shall not constitute a disability. (Amended by Stats. 2010, Ch. 207, Sec. 2. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22127. Source version: id_d0abfc55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Disability allowance” means the amount payable to a disabled member on a monthly basis. (Amended by Stats. 1996, Ch. 634, Sec. 17. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22127.2. Source version: id_d0abfc57-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Disability benefit” means the amount payable under the Defined Benefit Supplement Program based on the balance of credits in a member’s Defined Benefit Supplement account to either a disabled member pursuant to Section 24005 or to a member who retired for disability pursuant to Section 24105. (Added by Stats. 2000, Ch. 74, Sec. 11. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22128. Source version: id_d0ad82f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Early retirement” and “early retirement age” mean the age of 55 years, which is the age upon attainment of which the member becomes eligible under the Defined Benefit Program for a service retirement allowance with reduction because of age and without special qualifications. (Amended by Stats. 2000, Ch. 1025, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22129. Source version: id_d0ad82fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Educational institution” means any accredited public or private institution whose primary purpose is to provide classroom teaching and includes a high school, trade or vocational school or college, community college, or other college or university. (Amended by Stats. 1996, Ch. 634, Sec. 19. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22130. Source version: id_d0ad82fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Effective date” means the date upon which the benefit becomes payable. (Amended by Stats. 1996, Ch. 634, Sec. 20. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22131. Source version: id_8bc8b3fe-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) (1) “Employer” or “employing agency” means the state or any agency or political subdivision thereof, including, but not limited to, a joint powers authority, for which creditable service subject to coverage by the plan is performed. (2) In the case of a joint powers authority, all of the following criteria shall be met: (A) The joint powers authority shall be formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). (B) All entities included in the joint powers authority shall be entities at which creditable service subject to coverage by the plan is performed. (C) The joint powers authority shall report through a single county office of education, with that county superintendent having responsibility for activities specified under this part, including but not limited to, reporting and remitting contributions. (b) This section shall be administered in compliance with the requirements defining a governmental plan set forth in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)). (c) The board shall have final authority for determining an “employer” or “employing agency” for purposes of this part and Part 13.5 (commencing with Section 25900). (Amended by Stats. 2025, Ch. 239, Sec. 2. (SB 853) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22132. Source version: id_d0af09a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Employed” or “employment” means employment to perform creditable service subject to coverage under the Defined Benefit Program or the Defined Benefit Supplement Program, except as otherwise specifically provided under this part. (Amended by Stats. 2000, Ch. 74, Sec. 12. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22132.5. Source version: id_d724d06e-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Exclusive representative” means an exclusive representative as defined in subdivision (e) of Section 3540.1 of the Government Code. (Added by Stats. 2022, Ch. 754, Sec. 1. (AB 1667) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22133. Source version: id_d0af09a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Family allowance” means amounts payable to eligible survivors provided pursuant to Chapter 22 (commencing with Section 23800) after June 30, 1972. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22133.5. Source version: id_d0af09a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Final benefit” means the amount payable to a beneficiary under the Defined Benefit Supplement Program upon the death of the member. (Added by Stats. 2000, Ch. 74, Sec. 13. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22134. Source version: id_e7bf1425-fccb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by a member during any period of 36 consecutive months of service while an active member of the Defined Benefit Program or time during which he or she was not a member but for which the member has received credit under the Defined Benefit Program, except time that was so credited for service performed outside this state prior to July 1, 1944. (b) For purposes of this section, periods of service separated by breaks in service or by periods in which a member’s salary was reduced because of a reduction in school funds as certified by the employer may be aggregated, if the periods of service are consecutive except for the breaks or periods of salary reduction. (c) The following shall be considered periods of service for the purpose of determining final compensation: (1) The full pay period if the member earns creditable compensation within that pay period, but not beyond the benefit effective date except as provided in paragraph (3). (2) The months of the school year preceding the school term if the member earns creditable compensation during the first pay period of that school term. (3) The months of the school year following the school term if the member earns creditable compensation during the last pay period of that school term. (4) Any period that is excluded from the school term if a member earns creditable compensation during the pay periods immediately preceding and immediately following the excluded period. (d) For purposes of determining the final compensation of a member who is eligible for concurrent retirement as defined in Section 22115.5, the compensation a person could earn for services rendered on a full-time basis under a retirement system with which the member has concurrent membership, as defined in Section 22115.2, shall be considered compensation earnable, provided that both of the following exist: (1) The compensation under the other system was not earned during the periods of service determined pursuant to subdivision (c) under the Defined Benefit Program. (2) Retirement for service under the Defined Benefit Program is concurrent with the member’s retirement for service under the other system pursuant to Section 22115.5. (e) The creditable compensation for the first school year in which a member earned creditable compensation shall be used when additional months of creditable compensation are required for the purpose of determining final compensation. (f) If a member has received service credit for part-time service performed prior to July 1, 1956, the member’s final compensation shall be adjusted for that service in excess of one year by the ratio that part-time service bears to full-time service. (g) For purposes of calculating a benefit that does not include service credit, final compensation shall be the highest average annual creditable compensation earned by a member during any period of 36 consecutive months of service, excluding compensation for which contributions are credited to the Defined Benefit Supplement Program. Final compensation determined pursuant to this subdivision shall not exceed the amount determined pursuant to subdivision (a). (h) The amendment of former Section 22127 made by Chapter 782 of the Statutes of 1982 does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 2018, Ch. 416, Sec. 3. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22134.5. Source version: id_08dd78e7-fccc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) Notwithstanding Section 22134, “final compensation” means the highest average annual compensation earnable, as defined in Section 22115, by a member during any period of 12 consecutive months of service while an active member of the Defined Benefit Program or time during which he or she was not a member but for which the member has received credit under the Defined Benefit Program, except time that was so credited for service performed outside this state prior to July 1, 1944. (b) For purposes of this section, periods of service separated by breaks in service may be aggregated, if the periods of service are consecutive except for the breaks. (c) The following shall be considered periods of service for the purpose of determining final compensation: (1) The full pay period if the member earns creditable compensation within that pay period, but not beyond the benefit effective date except as provided in paragraph (3). (2) The months of the school year preceding the school term if the member earns creditable compensation during the first pay period of that school term. (3) The months of the school year following the school term if the member earns creditable compensation during the last pay period of that school term. (4) Any period that is excluded from the school term if a member earns creditable compensation during the pay periods immediately preceding and immediately following the excluded period. (d) For purposes of determining the final compensation of a member who is eligible for concurrent retirement as defined in Section 22115.5, the compensation a person could earn for services rendered on a full-time basis under a retirement system with which the member has concurrent membership, as defined in Section 22115.2, shall be considered compensation earnable, provided that both of the following exist: (1) The compensation under the other system was not earned during the periods of service determined pursuant to subdivision (c) under the Defined Benefit Program. (2) Retirement for service under the Defined Benefit Program is concurrent with the member’s retirement for service under the other system pursuant to Section 22115.5. (e) If a member has received service credit for part-time service performed prior to July 1, 1956, the member’s final compensation shall be adjusted for that service in excess of one year by the ratio that part-time service bears to full-time service. (f) For purposes of calculating a benefit that does not include service credit, final compensation shall be the highest average annual creditable compensation earned by a member during any period of 12 consecutive months of service, excluding compensation for which contributions are credited to the Defined Benefit Supplement Program. Final compensation determined pursuant to this subdivision shall not exceed the amount determined pursuant to subdivision (a). (g) This section shall apply to the following: (1) A member who has 25 or more years of credited service, excluding service credited pursuant to the following: (A) Section 22714. (B) Section 22715. (C) Section 22717, except as provided in subdivision (c) of Section 22121. (D) Section 22826. (2) A nonmember spouse, if the member had 25 or more years of credited service, as calculated in paragraph (1), on the date the parties separated, as established in the judgment or court order pursuant to Section 22652. (3) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2018, Ch. 416, Sec. 4. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22135. Source version: id_a307515a-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) Notwithstanding subdivision (a) of Section 22134, “final compensation” means the highest average annual compensation earnable, as defined by Section 22115, by an active member who is a classroom teacher not subject to the California Public Employees’ Pension Reform Act of 2013 and who retires, becomes disabled, or dies, after June 30, 1990, during any period of 12 consecutive months while an active member of the Defined Benefit Program. (b) Section 22134, except subdivision (a) of that section, shall apply to classroom teachers who retire after June 30, 1990, and any statutory reference to Section 22134 or “final compensation” with respect to a classroom teacher who retires, becomes disabled, or dies, after June 30, 1990, shall be deemed to be a reference to this section. (c) As used in this section, “classroom teacher” means any of the following: (1) All teachers and substitute teachers in positions requiring certification qualifications who spend, during the last 10 years of their employment with the same employer which immediately precedes their retirement, 60 percent or more of their contract time each year providing direct instruction. For the purpose of determining continuity of employment within the meaning of this subdivision, an authorized leave of absence for sabbatical or illness or other collectively bargained or employer-approved leaves shall not constitute a break in service. (2) Other certificated personnel who spend, during the last 10 years of their employment with the same employer that immediately precedes their retirement, 60 percent or more of their contract time each year providing direct services to pupils, including, but not limited to, librarians, counselors, nurses, speech therapists, resource specialists, audiologists, audiometrists, hygienists, optometrists, psychologists, driver safety instructors, and personnel on special assignment to perform school attendance and adjustment services. (d) As used in this section, “classroom teacher” does not include any of the following: (1) Certificated employees whose job descriptions require an administrative credential. (2) Certificated employees whose job descriptions include responsibility for supervision of certificated staff. (3) Certificated employees who serve as advisers, coordinators, consultants, or developers or planners of curricula, instructional materials, or programs, who spend, during the last 10 years of their employment with the same employer that immediately precedes their retirement, less than 60 percent of their contract time in direct instruction. (4) Certificated employees whose job descriptions require provision of direct instruction or services, but who are functioning in nonteaching assignments. (5) Classified employees. (e) This section shall apply only to teachers employed by an employer that has, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, entered into, extended, renewed, or amended a written agreement with an exclusive representative, prior to January 1, 2014, that makes this section applicable to all of its classroom teachers, as defined in subdivision (c). (f) The written agreement shall include a mechanism to pay for all increases in allowances provided for by this section through employer contributions or employee contributions or both, which shall be collected and retained by the employer in a trust fund to be used solely and exclusively to pay the system for all increases in allowances provided by this section and related administrative costs; and a mechanism for disposition of the employee’s contributions if employment is terminated before retirement, and for the establishment of a trust fund board. The trust fund board shall administer the trust fund and shall be composed of an equal number of members representing classroom teachers chosen by the bargaining agent and the employer. If the employer agrees to pay the total cost of increases in allowances, the establishment of a trust fund and a trust fund board shall be optional to the employer. The employer, within 30 days of receiving an invoice from the system, shall reimburse the retirement fund the amount determined by the Teachers’ Retirement Board to be the actuarial equivalent of the difference between the allowance the member or beneficiary receives pursuant to this section and the allowance the member or beneficiary would have received if the member’s final compensation had been computed under Section 22134 and the proportionate share of the cost to the plan’s Defined Benefit Program, as determined by the Teachers’ Retirement Board, of administering this section. The payment shall include the cost of all increases in allowances provided for by this section for all years of service credited to the member as of the benefit effective date. Interest shall be charged at the regular interest rate for any payment not received within 30 days of receipt of the invoice. Payments not received within 30 days after receipt of the invoice may be collected pursuant to Section 23007. (g) Upon the execution of the agreement, the employer shall notify all certificated employees of the agreement and any certificated employee of the employer, who is a member of the Public Employees’ Retirement System pursuant to Section 22508, that he or she may, within 60 days following the date of notification, elect to terminate his or her membership in the Public Employees’ Retirement System and become a member of this plan’s Defined Benefit Program. However, only service credited under the Defined Benefit Program subsequent to the date of that election shall be subject to this section. (h) An employer that agrees to become subject to this section, shall, on a form and within the timeframes prescribed by the system, certify the applicability of this section to a member pursuant to the criteria set forth in this section when a retirement, disability, or family allowance becomes payable. (i) For a nonmember spouse, final compensation shall be determined pursuant to paragraph (5) of subdivision (c) of Section 22664. The employer, within 30 days of receiving an invoice from the system, shall reimburse the retirement fund pursuant to subdivision (f). Interest shall be charged at the regular interest rate for payments not received within the prescribed timeframe. Payments not received within 30 days of invoicing may be collected pursuant to Section 23007. (Amended by Stats. 2014, Ch. 755, Sec. 13. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22137. Source version: id_d0b216ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= With respect to a state employee member who dies or retires on or after July 1, 1991, and who was a managerial or supervisory employee, as defined by subdivisions (e) and (g) of Section 3513 of the Government Code, whose monthly salary range was administratively reduced by 5 percent because of the salary range reductions administratively imposed upon managers and supervisors during the 1991–92 fiscal year, “final compensation” means the highest annual compensation the state employee member would have earned had his or her salary range not been reduced by the 5-percent reduction. This section shall only apply if the period during which the state member’s salary was reduced would have otherwise been included in determining his or her final compensation for retirement purposes. The costs, if any, that may result from the use of the higher final compensation shall be paid for by the employer at the time of retirement in a manner prescribed by the system. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22138. Source version: id_d0b216f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Final vesting” means the right of a member or a beneficiary to receive a monthly retirement allowance, disability allowance, a family benefit, or survivor benefits when the member has completed the minimum number of years of credited service, has attained the minimum specified age, has formally terminated his or her active service, has made application for retirement, or has been formally retired in accordance with Section 24201, after which the kind and amount of the retirement allowance is fixed and cannot thereafter be changed except as provided in this part. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22138.5. Source version: id_022837cd-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) (1) “Full time” means the days or hours of creditable service the employer requires to be performed by a class of employees in a school term in order to earn the annualized pay rate as defined in Section 22104.8 and specified under the terms of a collective bargaining agreement or employment agreement. For the purpose of crediting service under this part, “full time” may not be less than the minimum standard specified in this section. Each collective bargaining agreement or employment agreement that applies to a member subject to the minimum standard specified in either paragraph (5) or (6) of subdivision (c) shall specify the number of hours of creditable service that equals “full time” pursuant to this section for each class of employee subject to either paragraph and make specific reference to this section, and the district shall submit a copy of the agreement to the system. (2) The copies of each agreement shall be submitted electronically in a format determined by the system that ensures the security of the transmitted member data. (3) The copies shall be electronically submitted annually to the system on or before July 1, or on or before the effective date of the agreement, whichever is later. (b) The minimum standard for full time in prekindergarten through grade 12 is as follows: (1) One hundred seventy-five days per school term or 1,050 hours per school term, except as provided in paragraphs (2) and (3). (2) (A) One hundred ninety days per school term, or 1,520 hours per school term for all principals and program managers, including advisers, coordinators, consultants, and developers or planners of curricula, instructional materials, or programs, and for administrators, except as provided in subparagraph (B). (B) Two hundred fifteen days per school term or 1,720 hours per school term including school and legal holidays pursuant to the policy adopted by the employer’s governing board for administrators at a county office of education. (3) One thousand fifty hours per school term for teachers in adult education programs. (c) The minimum standard for full time in community colleges is as follows: (1) One hundred seventy-five days per school term or 1,050 hours per school term, except as provided in paragraphs (2), (3), (4), (5), and (6). Full time includes time for duties the employer requires to be performed as part of the full-time assignment for a particular class of employees. (2) One hundred ninety days per school term or 1,520 hours per school term for all program managers and for administrators, except as provided in paragraph (3). (3) Two hundred fifteen days per school term or 1,720 hours per school term including school and legal holidays pursuant to the policy adopted by the employer’s governing board for administrators at a district office. (4) One hundred seventy-five days per school term or 1,050 hours per school term for all counselors and librarians. (5) Five hundred twenty-five instructional hours per school term for all instructors employed on a part-time basis, except instructors specified in paragraph (6). If an instructor receives compensation for office hours pursuant to Article 10 (commencing with Section 87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum standard shall be increased appropriately by the number of office hours required annually for the class of employees. (6) Eight hundred seventy-five instructional hours per school term for all instructors employed in adult education programs. If an instructor receives compensation for office hours pursuant to Article 10 (commencing with Section 87880) of Chapter 3 of Part 51 of Division 7 of Title 3, the minimum standard shall be increased appropriately by the number of office hours required annually for the class of employees. (d) The board has final authority to determine full time for purposes of crediting service under this part if full time is not otherwise specified in this section. (e) This section shall become operative on July 1, 2013. (Amended by Stats. 2019, Ch. 96, Sec. 6. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22138.6. Source version: id_4b26ec9b-fccc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Full-time equivalent” means the days or hours of creditable service that a person who is employed on a part-time basis would be required to perform in a school term if he or she were employed full time in that part-time position. (Amended by Stats. 2018, Ch. 416, Sec. 6. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22139.5. Source version: id_d0b39d97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Gain and Loss Reserve” means a segregated account within the retirement fund that is established and maintained to do either of the following: (a) Credit interest to members’ Defined Benefit Supplement accounts at the minimum interest rate for plan years in which the board determines that the obligation cannot be met from the plan’s investment earnings with respect to the Defined Benefit Supplement Program. (b) Provide additions to the Annuitant Reserve to meet the plan’s obligation for annuities payable under the Defined Benefit Supplement Program. (Added by Stats. 2000, Ch. 74, Sec. 14. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22140. Source version: id_caf40d8e-fe74-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Improvement factor,” with respect to the Defined Benefit Program, means an increase of 2 percent in monthly allowances. The improvement factor shall be added to a monthly allowance each year on September 1, commencing on September 1 following the first anniversary of the effective date of retirement, or the date on which the monthly allowance commenced to accrue to any beneficiary, or other periods specifically stated in this part. (b) The improvement factor may not be compounded nor shall it be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. (c) Beginning July 1, 2014, the improvement factor shall vest for an active member in any calendar year in which active members paid increased member contributions pursuant to Section 22901.7. (d) If, for any reason, the increased employee contribution referenced in subdivision (c), and as required by subdivisions (a) and (b) of Section 22901.7, ceases to be legally required to be made pursuant to the act that added this subdivision, then the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate for all members who retire on or after January 1, 2014. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted. (e) For members who retired before the calendar year in which Section 22901.7 was added the Legislature reserves the right to adjust the amount of the improvement factor up or down as economic conditions dictate. Any adjustment of the improvement factor may not reduce the monthly retirement allowance or annuity below that which would be payable to the recipient under this part had this section not been enacted. (Amended by Stats. 2014, Ch. 47, Sec. 2. (AB 1469) Effective June 24, 2014. Amending action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22141. Source version: id_211a1ef3-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) Notwithstanding Section 22140, “improvement factor” means an increase of 2 percent in benefits provided under Sections 24408 and 24409 for each year commencing September 1, 1981, and under Section 24410.5 for each year commencing September 1, 2001, and under Sections 24410.6 and 24410.7 for each year commencing September 1, 2002. The improvement factor shall not be compounded nor shall it be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. The Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted. (b) Beginning July 1, 2014, the improvement factor shall vest for an active member in any calendar year in which active members paid increased member contributions pursuant to Section 22901.7. (c) If, for any reason, the increased employee contribution referenced in subdivision (b), and as required by subdivisions (a) and (b) of Section 22901.7, ceases to be legally required to be made pursuant to the act that added this subdivision, then the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate for all members who retire on or after January 1, 2014. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted. (d) For members who retired before the calendar year in which Section 22901.7 was added, the Legislature reserves the right to adjust the amount of the improvement factor up or down as the economic conditions dictate. No adjustments of the improvement factor shall reduce the monthly retirement allowance or benefit below that which would be payable to the recipient under this part had this section not been enacted. (Amended by Stats. 2015, Ch. 123, Sec. 5. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22142. Source version: id_d0b39d9d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Indexed final compensation” means final compensation upon which a disability allowance or disability retirement allowance was based, adjusted annually from the school year in which an allowance begins to accrue by the rate of change in the average compensation earnable as determined by the board. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22143. Source version: id_d0b39d9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Investment manager” and “investment adviser” mean any person, firm, or custodian referred to in Section 22359, either appointed by or under contract with the board to engage in investment transactions or to manage or advise in the management of the assets of the Teachers’ Retirement Fund with respect to the Defined Benefit Program under this part and the Cash Balance Benefit Program under Part 14 (commencing with Section 26000). (Amended by Stats. 1998, Ch. 965, Sec. 6.5. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22144. Source version: id_d0b52441-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Investment transactions” means investment services of an asset management or investment advisory nature and may include advisory services, research material, trading assistance, trading expenses, discretionary management of funds of the plan upon approval by the board, acquisition of equipment to be used as part of the investment function, services that provide a recommended course of action or personal expertise, investment-related legal expenses, investment-related contracting expenses, or custodian services referred to in Section 22359. (Amended by Stats. 1996, Ch. 634, Sec. 25. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22144.3. Source version: id_d9db4630-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Leave of absence” means a period of leave to which a member is entitled that is expressly authorized or required by Chapter 4 (commencing with Section 44800) of Part 25 of Division 3 of Title 2, or Chapter 1 (commencing with Section 87000) or Chapter 3 (commencing with Section 87400) of Part 51 of Division 7 of Title 3. (b) “Leave of absence” also means employer-approved compensated leave that is excluded under subdivision (a) that was or is taken on or after January 1, 2016. (c) Remuneration that is paid for an employer-approved compensated leave is creditable compensation pursuant to Sections 22119.2 and 22119.3. (Amended by Stats. 2020, Ch. 275, Sec. 3. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22144.5. Source version: id_d0b52443-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Liability gains and losses” means the difference between actual noninvestment related experience and the experience expected based upon a set of noninvestment related actuarial assumptions during the period between two actuarial valuation dates, as determined in accordance with assumptions adopted by the board pursuant to Section 22311.5. (Added by Stats. 2000, Ch. 1021, Sec. 6. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22145. Source version: id_d0b52445-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Local system” means any retirement system, exclusive of this system, in which public school teachers are members, operated by a city, county, or other political subdivision of the state. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22146. Source version: id_24fc3b25-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Member” means any person, unless excluded under other provisions of this part, who has performed creditable service as defined in Section 22119.5 or 22119.6 and has earned creditable compensation for that service and has not received a refund for that service and, as a result, is subject to the Defined Benefit Program. A member’s rights and obligations under this part with respect to the Defined Benefit Program shall be determined by the applicability of subdivision (a), (b), (c), or (d), and subject to any applicable exceptions under other provisions of this part. (a) An active member is a member who is not retired or disabled and who earns creditable compensation during the school year. (b) An inactive member is a member who is not retired or disabled and who has not earned creditable compensation during the current or preceding school year. (c) A disabled member is a member to whom a disability allowance is payable under Chapter 25 (commencing with Section 24001). (d) A retired member is a member who has terminated employment and has retired for service under the provisions of Chapter 27 (commencing with Section 24201), or has retired for disability under the provisions of Chapter 26 (commencing with Section 24100) or retired for service or disability under the provisions of Chapter 21 (commencing with Section 23400), and to whom a retirement allowance is therefore payable. (Amended by Stats. 2015, Ch. 782, Sec. 6. (AB 963) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22146.2. Source version: id_5ea63566-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) Notwithstanding subdivision (f) of Section 7522.04 of the Government Code, “member subject to the California Public Employees’ Pension Reform Act of 2013” means a person who first becomes employed to perform creditable service subject to coverage under the Defined Benefit Program on or after January 1, 2013. (b) A member as defined in subdivision (a) does not include a person who was a member on or before December 31, 2012, of the California Public Employees’ Retirement System, the Legislators’ Retirement System, the University of California Retirement System, a county retirement system established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code, or the San Francisco Employees’ Retirement System, and the person performed service in the other retirement system within the six months prior to the commencement of creditable service under the Defined Benefit Program. (c) This section shall be deemed to have become operative on January 1, 2013. (Added by Stats. 2013, Ch. 559, Sec. 9. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22146.5. Source version: id_8e0cd7a0-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Membership” means membership in the Defined Benefit Program, except as otherwise specifically provided in this part. The board shall have final authority for determining membership in the system, considering the conditions under which persons may be admitted to and receive benefits from the system. (Amended by Stats. 2025, Ch. 239, Sec. 3. (SB 853) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22146.7. Source version: id_ca65f0bf-615a-11da-b74d-ec2787cd8180 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Minimum interest rate” means the annual interest rate determined by the board by plan amendment at which interest shall be credited to Defined Benefit Supplement accounts for a plan year. (Added by Stats. 2000, Ch. 74, Sec. 16. Effective January 1, 2001. See identical section added by Stats. 2000, Ch. 1021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22146.7. Source version: id_d0b5244d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Minimum interest rate” means the annual interest rate determined by the board by plan amendment at which interest shall be credited to Defined Benefit Supplement accounts for a plan year. (Added by Stats. 2000, Ch. 1021, Sec. 7. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22147. Source version: id_d0b5244f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Month” means 20 working days or four weeks of five working days each, including legal holidays, with respect to the computation and crediting of service. (b) “Month,” for all other purposes, means a period commencing on any day of a calendar month and extending through the day preceding the corresponding day of the succeeding calendar month, if there is any such corresponding day, and if not, through the last day of the succeeding calendar month. (Amended by Stats. 1998, Ch. 965, Sec. 9. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22147.5. Source version: id_d0b6aaf1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Nonqualified service” means any time during which a member did not perform creditable service subject to coverage by the plan. Nonqualified service shall not include time for which the member is eligible to purchase credit pursuant to Chapter 14 (commencing with Section 22800), Chapter 14.2 (commencing with Section 22820), or Chapter 14.5 (commencing with Section 22850). (Amended by Stats. 2000, Ch. 1025, Sec. 6. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22148. Source version: id_4f03b81e-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Normal retirement” and “normal retirement age” mean 60 years of age, or 62 years of age for a member subject to the California Public Employees’ Pension Reform Act of 2013, which is the age upon attainment of which the member becomes eligible under the Defined Benefit Program for a service retirement allowance without reduction because of age and without special qualifications. (Amended by Stats. 2013, Ch. 559, Sec. 10. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22149. Source version: id_ac4f98f6-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Option beneficiary” means the person or trust designated by a member to receive a retirement allowance under the Defined Benefit Program upon the member’s death. (b) For purposes of this section, “trust” means an irrevocable trust with the following characteristics: (1) The trust satisfies the requirements of subparagraph (A) or (C) of paragraph (4) of subdivision (d) of Section 1396p of Title 42 of the United States Code. (2) The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations. (3) The trust, or the account in a pooled trust, is for the sole benefit of a single beneficiary and other beneficiaries to the trust, if any, are successor beneficiaries. (4) The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the member’s benefit shall be considered the designated option beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the plan. (Amended by Stats. 2016, Ch. 559, Sec. 2. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22150. Source version: id_d0b6aaf7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Other public systems” means any of the following: (a) Old age, survivors, disability, and health insurance program, other than the lump-sum death payment, provided by the Social Security Act (42 U.S.C.A. Sec. 300 and following). (b) The federal civil service retirement program. (c) Federal military disability. (d) Railroad retirement. (e) A workers’ compensation program. (f) Federal railroad retirement. (g) Any other public retirement system, including, but not limited to, any disability programs financed from public funds. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22152. Source version: id_d0b6aafb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Parent” means a natural parent of a member or a parent who adopted the member prior to his or her attainment of 18 years of age or to the member’s marriage, whichever occurs earlier. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22154. Source version: id_d0b8319d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Pay period” means a payroll period of not less than four weeks or more than one calendar month. (Amended by Stats. 1998, Ch. 965, Sec. 11. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22155. Source version: id_d0b8319f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Payroll” includes registers, warrants, and any other documents upon which the employer identifies persons to whom compensation is paid. (Amended by Stats. 1997, Ch. 482, Sec. 5. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22155.5. Source version: id_d0b831a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Plan” means the State Teachers’ Retirement Plan. (Amended by Stats. 1998, Ch. 1048, Sec. 4. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22156. Source version: id_d0b831a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Plan vesting,” with respect to benefits payable under the Defined Benefit Program, means the member has met the credited service requirement for receipt of a benefit, and has a right to receive the benefit at a future date provided all other conditions required to receive the benefit are also met. (Amended by Stats. 2000, Ch. 1025, Sec. 10. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22156.05. Source version: id_d0b831a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Plan year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. For purposes of the Defined Benefit Supplement Program, the board shall designate by plan amendment the initial plan year. (Added by Stats. 2000, Ch. 74, Sec. 17. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22156.07. Source version: id_6fa88ff2-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) Except as otherwise provided under this part, “position subject to membership” means the following: (1) A position at a county office of education or school district, not including a charter school, that the governing body of the employer has designated in a resolution adopted at a public meeting as a position subject to membership for which the employer requires the holding of a valid credential, license, or certificate authorized by the Commission on Teacher Credentialing or the State Department of Health Care Services. The resolution must be in effect on the date of hire in the position or be effective retroactively to include the position as of the date of hire, whichever is later, but no earlier than the operative date of this section as determined by subdivision (c). (2) A position at a county office of education or school district, including a charter school, that is included in a certificated bargaining unit represented by an exclusive representative, whether by agreement between the exclusive representative and the employer as reflected in a collective bargaining agreement or by written decision of the Public Employment Relations Board. The collective bargaining agreement must be in effect on the date of hire in the position or be effective retroactively to include the position as of the date of hire, whichever is later, but no earlier than the operative date of this section as determined by subdivision (c). (3) A position at a charter school eligible to receive state apportionment where the position requires the holding of a Commission on Teacher Credentialing certificate, permit, or other document pursuant to subdivision (l) of Section 47605. (4) A position at a community college district, that is any of the following: (A) A faculty member, as defined in Section 87003, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356. (B) An academic position, as defined in subdivision (b) of Section 87001, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356. (C) An educational administrator, as defined in subdivision (b) of Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356. (D) A position pursuant to a contract with the United States Department of Defense to provide vocational training as an employee of a community college employer. (5) A position as a superintendent of a California public school. (6) A position that would otherwise be subject to membership in a different public retirement system when held by a member who has elected coverage by the Defined Benefit Program pursuant to Chapter 10 (commencing with Section 22500). (b) “Position subject to membership” does not mean and shall not include: (1) A position that would otherwise be subject to coverage by the Defined Benefit Program when held by a member of the Public Employees’ Retirement System who has elected coverage in the Public Employees’ Retirement System pursuant to Chapter 10 (commencing with Section 22500). (2) A position that is not employed by an employer or employing agency as defined in Section 22131. (3) A position at a county office of education or school district, including a charter school, that is included in a noncertificated bargaining unit represented by an exclusive representative, whether by agreement between the exclusive representative and the employer as reflected in a collective bargaining agreement in effect on the date of hire in the position or by written decision of the Public Employment Relations Board. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Added by Stats. 2024, Ch. 690, Sec. 12. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22156.08. Source version: id_73af4b24-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Position subject to membership” shall also include the following positions in which a member performed creditable service before the operative date of Section 22156.07 provided that the same member remains continuously employed to perform service in that position on and after the operative date of Section 22156.07: (1) A position in which the member performed creditable service pursuant to Section 22119.5, as that section read before the operative date of Section 22156.07. (2) A position in which the member performed the activities described in subdivision (a) of Section 22119.6. (b) Subdivision (a) shall not apply to a member who becomes employed by the same or a different employer in a new position on or after the operative date of this section, and the member shall be subject to Section 22156.07. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Added by Stats. 2024, Ch. 690, Sec. 13. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22156.1. Source version: id_db9fb282-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Present value,” for purposes of Section 22718, means the amount of money needed on the effective date of retirement to reimburse the system for the actuarially determined cost of the portion of a member’s retirement allowance attributable to unused excess sick leave days. The present value on the effective date of retirement shall equal the number of unused excess sick leave days divided by the number of base days, as defined in Section 22106.2, multiplied by the prior year’s compensation earnable multiplied by the present value factor. (Amended by Stats. 2020, Ch. 275, Sec. 5. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22156.2. Source version: id_d0b831a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Present value factor,” for purposes of Section 22156.1, means an overall average rate based upon the demographics of members who recently retired under the Defined Benefit Program and regular interest that shall determine present value on the effective date of retirement. (Added by Stats. 1999, Ch. 939, Sec. 19. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22156.5. Source version: id_d0b831ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Prior year’s compensation earnable” means the compensation earnable for the most recent school year in which the member earned service credit that precedes the last school year in which the member earned service credit. (Added by Stats. 1999, Ch. 939, Sec. 20. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22157. Source version: id_d0b9b84d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Projected final compensation” means the final compensation used in computing the disability or family allowance increased by 2 percent, compounded annually to the earlier of normal retirement age or the date the disability allowance is terminated. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22158. Source version: id_d0b9b84f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Projected service” means the sum of credited service plus the credited service that would have been earned for the school years during which a disability allowance was payable if the member had performed creditable service during that time. (b) Projected service for a school year shall be determined on the basis of the highest credited service earned by the member during any one of the three school years immediately preceding the member’s death or the date the disability allowance began to accrue. (c) Projected service shall not include credited service for which contributions have been credited to the Defined Benefit Supplement Program. (Repealed and added by Stats. 2000, Ch. 1021, Sec. 9. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22159. Source version: id_d0b9b851-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Proof of death” means providing to the system any evidence of death required by the system. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22160. Source version: id_d0bb3df3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Provisional vesting” means the member has reached the minimum age requirement and has attained the credited service required under the Defined Benefit Program for eligibility to receive a retirement allowance, and the member is entitled to terminate employment and retire at any time to receive a retirement allowance. (Amended by Stats. 2000, Ch. 1025, Sec. 12. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22160.5. Source version: id_624d9288-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Public employer” means a public employer as defined in subdivision (i) of Section 7522.04 of the Government Code. (Added by Stats. 2013, Ch. 559, Sec. 11. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22161. Source version: id_d0bb3df5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Public school” means any day or evening elementary school, any day or evening secondary school, community college, technical school, kindergarten school, and prekindergarten school established by the Legislature, or by municipal or district authority. (Amended by Stats. 1999, Ch. 939, Sec. 21. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22161.3. Source version: id_313bd75b-3177-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= Qualified military service is military service as defined in Section 414(u) of Title 26 of the United States Code. (Added by Stats. 2011, Ch. 703, Sec. 1. (SB 349) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22161.5. Source version: id_d0bb3df7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Refund” means the lump-sum return of a member’s accumulated retirement contributions under the Defined Benefit Program and does not include the balance of credits in the member’s Defined Benefit Supplement account. (Amended by Stats. 2000, Ch. 1021, Sec. 10. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22162. Source version: id_6a037211-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Regular interest” means interest that is equal to the actuarially assumed rate of return on investments on assets of the Defined Benefit Program. The regular interest rate shall be adopted annually by the board as a plan amendment with respect to the Defined Benefit Program. This section shall become operative on July 1, 2010. (Repealed (in Sec. 1) and added by Stats. 2009, Ch. 249, Sec. 2. (AB 654) Effective January 1, 2010. Section operative July 1, 2010, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22162.5. Source version: id_d0bb3dfb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Regular meeting” means a meeting of the board held in accordance with a schedule of meetings that states the dates and places of the meetings and that is adopted by the board. (Added by Stats. 1996, Ch. 634, Sec. 35. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22163. Source version: id_d0bb3dfd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Reinstatement” means the change in status with respect to the Defined Benefit Program under this part from a disabled or retired member to an active or inactive member and termination of one of the following: (a) A service retirement allowance pursuant to Section 24208. (b) A disability retirement allowance pursuant to Section 24117. (c) A disability allowance pursuant to Section 24004, 24006, or 24015. (d) A service retirement allowance or disability retirement allowance pursuant to Section 23404. (Amended by Stats. 2000, Ch. 1025, Sec. 13. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22164. Source version: id_d0bb3dff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Replacement benefits program” means the program established pursuant to Chapter 27.5 (commencing with Section 24250) in compliance with the provisions of Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(m)) as applicable to a governmental plan, as defined in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)). (Added by Stats. 1999, Ch. 465, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22164.5. Source version: id_28f1df57-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Retired member activities” means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or subdivision (b), (c), or (d) of Section 26113 within the California public school system and performed by a member retired for service under this part as one of the following: (1) An employee of an employer. (2) An employee of a third party, except as specified in subdivision (b). (3) An independent contractor. (b) The activities of an employee of a third party shall not be included in the definition of “retired member activities” if all of the following conditions apply: (1) The employee performs an assignment of 24 months or less. (2) The third-party employer does not participate in a California public pension system. (3) The activities performed by the individual are not normally performed by employees of an employer, as defined in Section 22131. (Amended by Stats. 2015, Ch. 782, Sec. 7. (AB 963) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22165. Source version: id_d0bb3e01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Retirement” means termination of employment subject to coverage by the plan and a change in status from an inactive member, an active member, or a disabled member to a retired member. (Amended by Stats. 2000, Ch. 1025, Sec. 14. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22166. Source version: id_d0bcebb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Retirement allowance” means the amount payable to a retired member or an option beneficiary on a monthly basis. (Amended by Stats. 1996, Ch. 634, Sec. 40. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22166.5. Source version: id_d0bcebb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Retirement benefit” means the amount payable under the Defined Benefit Supplement Program, based on the balance of credits in the member’s Defined Benefit Supplement account, to a member who has retired for service under the Defined Benefit Program. (Added by Stats. 2000, Ch. 74, Sec. 21. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22167. Source version: id_d0bcebb7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Retirement fund” means the Teachers’ Retirement Fund. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22168. Source version: id_d0bcebb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Return on investments” means income received or receivable from the system’s investments. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22168.5. Source version: id_bf59175e-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “School term” means a minimum period of 35 weeks beginning the first day and ending the last day creditable service is required to be performed by a member employed on a full-time basis, excluding any period that has been excluded pursuant to a publicly available written contractual agreement. The school term shall also be the same for a member who is not employed on a full-time basis who is performing the same duties as a member employed on a full-time basis. (Added by Stats. 2016, Ch. 218, Sec. 10. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22169. Source version: id_6c360f1d-fccc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “School year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Amended by Stats. 2018, Ch. 416, Sec. 7. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22170. Source version: id_3d9ddd26-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Service” means work performed for compensation in a position subject to coverage under the Defined Benefit Program, except as otherwise specifically provided in this part, providing the contributions on compensation for that work are not credited to the Defined Benefit Supplement Program. (b) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 14. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 15 of Stats. 2024, Ch. 690.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22170. Source version: id_774ce446-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Service” means work performed for compensation, except as otherwise specifically provided in this part. (b) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 14) and added by Stats. 2024, Ch. 690, Sec. 15. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22170.5. Source version: id_dd5810e4-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Sick leave days” means the number of days of accumulated and unused leave of absence for illness or injury granted by each employer. (b) “Basic sick leave day” means the days of paid leave of absence due to illness or injury granted by each employer that are not excess sick leave days. (c) “Excess sick leave days” means the day or total number of days of paid leave of absence due to illness or injury granted by each employer in excess of 12 days per school year. (d) For those standards identified in Section 22138.5 that are expressed only in terms of hours, the number of hours shall be divided by six to determine the number of days pursuant to this section. (Amended by Stats. 2020, Ch. 275, Sec. 6. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22171. Source version: id_1b2e7951-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Spouse” means a person who was continuously married to the member for the period beginning at least 12 months prior to the death of the member, unless a child is born to the member and the member’s spouse within the 12-month period or unless the spouse is carrying a fetus, conceived with the member. (b) “Spouse” also means a person who was married to the member for less than 12 months, if the member’s death was either accidental, or due to an illness, and the marriage took place prior to the occurrence of the injury or diagnosis of the illness that resulted in death. (1) A member’s death is defined as accidental only if the member received bodily injuries through violent, external, or accidental means and died as a direct result of the bodily injuries and independent of all other causes. (2) This subdivision does not apply if, at the time of the marriage, the member could not have reasonably been expected to live for 12 months. (c) Except as excluded by Sections 22661 and 23812, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a spouse. (Amended by Stats. 2023, Ch. 260, Sec. 10. (SB 345) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22172. Source version: id_d0be7263-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Survivor allowance” means the allowance provided for in Section 23804 as it read under the law in effect on June 30, 1972. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22173. Source version: id_d0be7265-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Survivor benefit allowance” means the monthly allowance that a surviving spouse may elect to receive pursuant to Chapter 23 (commencing with Section 23850). (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22174. Source version: id_d0be7267-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “System” means the State Teachers’ Retirement System. (Repealed and added by Stats. 1994, Ch. 933, Sec. 3. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22175. Source version: id_6609891a-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “System’s headquarters office” means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375. (Added by Stats. 2013, Ch. 558, Sec. 5. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22176. Source version: id_d0be7269-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= “Termination benefit” means a benefit equal in amount to the balance of credits in the member’s Defined Benefit Supplement account that is payable to the member in a lump-sum when the member has terminated all employment to perform creditable service subject to coverage by the plan. (Added by Stats. 2000, Ch. 74, Sec. 22. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 2. Definitions [22100 - 22177] SECTION 22177. Source version: id_d0be726b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=2.&article= (a) “Unfunded actuarial obligation,” with respect to the Defined Benefit Program, means that portion of the actuarial present value of benefits that is not provided for by future, normal costs or covered by the actuarial value of assets attributable to the Defined Benefit Program, based on assumptions adopted by the board pursuant to Section 22311.5. (b) “Unfunded actuarial obligation,” with respect to the Defined Benefit Supplement Program, means that portion of the actuarial present value of benefits that is not provided for by future, normal costs or covered by the actuarial value of assets attributable to the Defined Benefit Supplement Program, based on assumptions adopted by the board pursuant to Section 22311.5. (Added by Stats. 2000, Ch. 1021, Sec. 12. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 20. Beneficiary Designation [23300 - 23304] SECTION 23300. Source version: id_719e83da-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=20.&article= (a) A member of the Defined Benefit Program may designate a beneficiary to receive benefits payable under this part upon the member’s death. A beneficiary designation may not be made in derogation of a community property interest of a nonmember spouse, as defined by Section 25000.9, with respect to service or contributions credited under this part, unless the nonmember spouse has previously obtained an alternative order pursuant to Section 2610 of the Family Code. (b) A member’s beneficiary designation for benefits payable under the Defined Benefit Program, including a designation made pursuant to Section 24300 or 24300.1, shall also apply to benefits payable under the Defined Benefit Supplement Program. A beneficiary designation shall be in writing on a form prescribed by the system and executed by the member. (c) A beneficiary designation shall not be valid unless it is received in the system’s headquarters office prior to the member’s death. (d) A member may change or revoke a beneficiary designation at any time by making a new designation pursuant to this section. (e) This section is not applicable to the designation of an option beneficiary or an annuity beneficiary under this part. (f) An option beneficiary may designate a death beneficiary who would, upon the death of the option beneficiary, be entitled to receive the option beneficiary’s accrued monthly allowance. (Amended by Stats. 2013, Ch. 558, Sec. 18. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 20. Beneficiary Designation [23300 - 23304] SECTION 23301. Source version: id_88bfc8e5-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=20.&article= A corporation, trust, charitable organization, parochial institution, or public entity may be designated as a beneficiary under this part, but they shall not be designated as option beneficiaries, except a trust as defined in Section 22149. (Amended by Stats. 2019, Ch. 96, Sec. 16. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 20. Beneficiary Designation [23300 - 23304] SECTION 23302. Source version: id_d1156c2c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=20.&article= Payment under this part to a beneficiary designated in the form on file in the system at the date of death by a warrant drawn prior to any claim under community property rights shall constitute full discharge of any and all liability of the board, system, and plan by reason of the member’s death. (Amended by Stats. 1998, Ch. 965, Sec. 135. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 20. Beneficiary Designation [23300 - 23304] SECTION 23303. Source version: id_d116f2ce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=20.&article= (a) If the whereabouts of the designated beneficiary cannot be determined, or if the beneficiary is the estate of the deceased person, the board may pay to the undertaker who conducted the funeral, or to any person who, or any organization that, has paid the undertaker from funds owned by the person or organization, in its discretion all or a portion of any amount payable under this part, but not to exceed the funeral expenses of the deceased person, or the portion of the expenses paid by the person or organization, as evidenced by the sworn itemized statement of the undertaker, person, or organization and by any other documents the board may require. (b) The payment shall be in full and complete discharge and acquittance of the board, system, and plan up to the amount paid. (Amended by Stats. 1998, Ch. 965, Sec. 136. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 20. Beneficiary Designation [23300 - 23304] SECTION 23304. Source version: id_d116f2d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=20.&article= If no beneficiary designation is in effect on the date of death, any benefit payable under this part shall be paid to the estate of the member. Payment pursuant to the board’s determination in good faith upon evidence satisfactory to it of the existence, identity or other facts relating to entitlement of persons under this section shall constitute a complete discharge and release of the system and plan from liability for the benefit. (Amended by Stats. 1998, Ch. 965, Sec. 137. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21. Pre-1972 Benefits [23400 - 23404] SECTION 23400. Source version: id_d116f2d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.&article= (a) If, prior to attaining the age of 55 years, a person who is entitled to receive a retirement allowance because of his or her retirement for disability prior to July 1, 1972, engages in a gainful occupation, the board shall reduce the portion of his or her monthly retirement allowance that is not provided by his or her accumulated contributions, to an amount, which when added to the compensation earned monthly by him or her, does not exceed the amount of the compensation that would be earnable by a person holding the same or an equal position as or to that which he or she held at the time of his or her retirement, and in the same salary step or rating, or if no such position then exists, the compensation earnable immediately prior to its abolition. (b) If his or her earnings are further altered, the board shall further alter that portion of his or her retirement allowance to the lower of the following amounts: (1) The amount of that portion of his or her retirement allowance as it would be if not reduced under this section. (2) An amount that, when added to the compensation earned by him or her, equals the amount of the compensation that would be earnable by a person holding the same or an equal position as or to that which he or she held at the time of his or her retirement, and in the same salary step or rating, or if no such position then exists, the compensation earnable immediately prior to its abolition. (c) For purposes of this section, the retirement allowance subject to adjustment is the unmodified allowance irrespective of the option elected. (d) When he or she attains the age of 55 years, his or her retirement allowance shall be made equal to the amount it would be if not reduced under this section, and may not again be modified under this section. Section 24015 does not apply to those persons affected by this section. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21. Pre-1972 Benefits [23400 - 23404] SECTION 23401. Source version: id_d1187976-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.&article= The board may require any member who retired for disability, prior to July 1, 1972, and who has not attained 58 years of age, to undergo a medical examination. If the examination, together with other available information, shows to the satisfaction of the board that the member is no longer disabled, the retirement allowance shall be terminated. Should any member retired for disability refuse to submit to medical examination, as provided in this section, the disability retirement allowance shall be terminated and all rights of the member in the disability retirement allowance shall be revoked. (Amended by Stats. 1996, Ch. 634, Sec. 185. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21. Pre-1972 Benefits [23400 - 23404] SECTION 23402. Source version: id_d1187978-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.&article= Benefits payable on account of deaths that occurred prior to July 1, 1972, and provided under former Section 14193, as it read prior to July 1, 1972, shall be continued. Former Sections 14195 and 14196 as they read prior to that date shall continue to apply to these payments. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21. Pre-1972 Benefits [23400 - 23404] SECTION 23403. Source version: id_d118797a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.&article= Survivor benefits payable on account of deaths that occurred prior to July 1, 1972, shall be continued in the amounts and under the conditions stated in former Sections 14186 and 14189, as they read prior to July 1, 1972. (Amended by Stats. 1994, Ch. 933, Sec. 52. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21. Pre-1972 Benefits [23400 - 23404] SECTION 23404. Source version: id_d118797c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.&article= Upon termination of the retirement allowance that began to accrue prior to July 1, 1972, the member’s individual account shall be credited with amounts that are the actuarial equivalents at that time, as based on the disabled life, where retirement had been for disability, or on the active life where the retirement had been for service of the allowance and annuities being paid from accumulated retirement contributions, accumulated annuity deposit contributions, or accumulated tax-sheltered annuity contributions. These credited amounts shall not exceed the amount of his or her accumulated contributions as they were in those accounts at the date of retirement. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] SECTION 23700. Source version: id_d1187980-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.5.&article= (a) New survivor benefit and disability retirement programs that are provided under the Defined Benefit Program pursuant to Chapter 23 (commencing with Section 23850) and Chapter 26 (commencing with Section 24100), are effective as of October 16, 1992. All members of the Defined Benefit Program with an effective date of membership in the program on or after October 16, 1992, shall be covered by these survivor benefit and disability retirement programs under this part. (b) The purpose of this chapter is to set forth the criteria for granting certain members of the Defined Benefit Program, as defined in Section 23702, the opportunity to elect to either retain coverage under the current family allowance and disability allowance programs pursuant to Chapter 22 (commencing with Section 23800), and Chapter 25 (commencing with Section 24001) or to be covered under the survivor benefit and disability retirement programs. (Amended by Stats. 1998, Ch. 965, Sec. 138. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] SECTION 23701. Source version: id_d11a0022-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.5.&article= (a) The election of disability and death benefit programs shall be made during the 180-day period commencing on October 16, 1992, and ending on April 13, 1993. All elections made during this period shall be effective as of October 16, 1992. (b) If a member has made an election and subsequently becomes disabled or dies, the benefits shall be paid under the elected program provisions as though the election had been executed on October 16, 1992. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] SECTION 23702. Source version: id_d11a0024-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.5.&article= (a) All members in the Defined Benefit Program on October 15, 1992, who are not receiving a disability allowance or a retirement allowance with an effective date prior to October 16, 1992, shall be eligible to make an irrevocable election, pursuant to this chapter, to retain coverage under either the disability allowance and family allowance programs or to have coverage under the disability retirement and survivor benefits programs. (b) The member’s eligibility to participate in the election shall be based on the member’s status in the Defined Benefit Program on October 15, 1992, only, and not on prior or subsequent events. (Amended by Stats. 1999, Ch. 939, Sec. 60. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] SECTION 23703. Source version: id_d11a0026-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.5.&article= A member’s election of disability or death benefit coverage shall meet all of the following requirements: (a) The member is eligible to participate in the election pursuant to Section 23702. (b) The election is filed on a form provided by the system. (c) Except as provided in Section 23704, the election document contains the signature of the spouse of the member, unless the member declares, in writing, under penalty of perjury, that one of the following conditions exists: (1) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse. (2) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition. (3) The member and spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage. (4) The member is not married. (5) The current spouse has no identifiable community property interest in future benefits. (d) The election document is signed and dated during the 180-day election period specified in Section 23701. (e) The signatures of the member and the member’s spouse on the election document are witnessed by a third party who is at least 18 years of age. (f) The election document is received in the system’s office in Sacramento within 30 days after the date of signature, but no later than May 1, 1993. (Amended by Stats. 1994, Ch. 933, Sec. 55. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] SECTION 23704. Source version: id_d11b86c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.5.&article= If a spouse refuses to sign the election document, the member may bring an action in court to enforce the spousal signature requirement or to waive the spousal signature requirement. Either party may bring an action pursuant to Section 1101 of the Family Code to determine the rights of the party. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] SECTION 23705. Source version: id_d11b86ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.5.&article= After receipt of a member’s election document, the system shall mail an acknowledgement notice to the member that indicates the member’s choice of disability and death benefit programs. If the member does not agree with the system’s recording of his or her election choice, the member has 30 days from the date of the acknowledgement notice to notify the system in writing. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 21.5. Election of Disability and Death Benefit Coverage [23700 - 23706] SECTION 23706. Source version: id_d11b86cc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=21.5.&article= (a) Failure to file an election pursuant to this chapter shall be deemed to be an election to retain coverage under the disability allowance and family allowance programs. (b) Failure to meet all of the requirements for submitting an election pursuant to this chapter shall be deemed to be a failure to file an election. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23800. Source version: id_d11d0d70-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= (a) This chapter governs the eligibility provisions, benefit provisions, allowance computations, and related provisions for the benefits payable under this part with respect to the Defined Benefit Program upon the death of eligible members. “Members,” as used in this chapter, means all members who were receiving a disability allowance on October 15, 1992, and all persons who were members of the plan under this part on October 15, 1992, who were not receiving an allowance and who did not elect, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered under Chapter 23 (commencing with Section 23850). (b) This chapter also contains three sections related to survivor benefits payable on account of deaths that occurred prior to July 1, 1972. (Amended by Stats. 2000, Ch. 1025, Sec. 29. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23801. Source version: id_d81bf928-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= (a) A death payment of no less than five thousand dollars ($5,000) shall be paid to the beneficiary upon receipt of proof of death of a member who had one or more years of credited service, including service deemed to the member under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions, if the member died during any one of the following periods: (1) While in employment for which creditable compensation is paid. (2) While disabled, if the disability had been continuous from the last day for which creditable compensation had been paid. (3) Within four months after termination of creditable service or termination of employment, whichever occurs first. (4) Within four months after termination of a disability allowance if no service was performed after the termination. (5) Within 12 months of the last day for which creditable compensation was paid, if the member was on an approved leave of absence without compensation for reasons other than disability. (6) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007. (b) A death payment pursuant to this section shall not be payable for the death of a member that occurs within one year commencing with the effective date of reinstatement from service retirement pursuant to Section 24208. (c) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt any adjusted amount as a plan amendment. (d) A beneficiary may waive his or her right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 5. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23802. Source version: id_12b27377-fccd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= (a) Upon receipt of proof of death of a member who has no preretirement option in effect, and who either does not meet the eligibility requirements set forth in Section 23804, or meets the eligibility requirements set forth in Section 23804 but has no eligible survivors for a family allowance as specified in Section 23805 or 23806, there shall be paid to the beneficiary both of the following: (1) The accumulated retirement contributions after July 1, 1935. (2) The accumulated annuity deposit contributions. (b) Accumulated contributions include credited interest through the date of payment. (c) A beneficiary may waive the right to the lump-sum payment pursuant to this section in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary. (Amended by Stats. 2018, Ch. 416, Sec. 12. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23803. Source version: id_d11d0d76-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code, or any other provision of law, death payments and return of contributions pursuant to Sections 23801 and 23802, if any, may be requested by the beneficiary and paid by the system as soon as practicable after receipt of proof of death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23804. Source version: id_e5d241fa-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= (a) A family allowance is payable upon the death of an active member or a disabled member who was receiving a disability allowance that began to accrue after June 30, 1972. (b) (1) For the family allowance to be payable upon the death of the member, all of the following conditions shall be met at the time of death: (A) Death occurred after June 30, 1972. (B) A preretirement election of an option is not in effect. (C) The provisions for the death payment under this part have been met. (2) In addition to the conditions specified in paragraph (1), at least one-half year of credited service had been performed subsequent to the end of the last break, if a break in service of more than one year had occurred. (3) In addition to the conditions specified in paragraph (1), at least one year of credited service had been performed subsequent to the last reinstatement date, if reinstated from service or disability retirement. (c) The family allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions. (d) The family allowance may be terminated, if all eligible beneficiaries formally waive their rights in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 6. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23805. Source version: id_a9fb2782-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= A family allowance is payable in the amount and to the specified persons in the following order of priority: (a) To the deceased member’s surviving spouse who has financial responsibility for at least one dependent child, an amount equal to 40 percent of the member’s final compensation or the disabled member’s projected final compensation plus 10 percent of the member’s final compensation or the disabled member’s projected final compensation for each child, up to a maximum allowance of 90 percent. (b) If there is no surviving spouse or upon the death of the surviving spouse, to each dependent child, an amount equal to 10 percent of the deceased member’s final compensation or the disabled member’s projected final compensation, up to a maximum allowance of 50 percent. If there are more than five dependent children, they shall share equally in the maximum allowance of 50 percent. (c) To the surviving spouse at 60 years of age or over if there is no dependent child, a monthly allowance equal to the amount that would have been payable to the spouse as beneficiary under Option 3 pursuant to Section 24300, as that section read on December 31, 2006, that provides an allowance equal to one-half of the modified retirement allowance the member would have received at 60 years of age, computed on the member’s projected final compensation and projected service to normal retirement age. The allowance payable under this subdivision shall be increased by application of the benefit improvement factor for time that elapses between the date the member would have attained normal retirement age and the date the family allowance under this subdivision begins to accrue. The allowance calculation shall include service credit for the unused sick leave that had accrued to the member as of the date of his or her death. Eligibility for the inclusion of service credit for unused sick leave credit and the calculation of that service credit shall be determined pursuant to Section 22717. (d) If there is no surviving spouse or dependent child, to the dependent parent, 60 years of age or over, a monthly allowance equal to the amount that would have been payable to the dependent parent as beneficiary under Option 3 pursuant to Section 24300, as that section read on December 31, 2006, that provides an allowance equal to one-half of the modified retirement allowance the member would have received at 60 years of age, computed on the member’s projected final compensation and projected service to normal retirement age. The allowance calculation shall include service credit for the unused sick leave that had accrued to the member as of the date of his or her death. Eligibility for the inclusion of service credit for unused sick leave and the calculation of that service credit shall be determined pursuant to Section 22717. If there are two dependent parents, only one family allowance shall be payable under this subdivision and that allowance shall be computed on the assumption that the younger parent is the option beneficiary and the allowance shall be divided equally for as long as there are two dependent parents. Thereafter, the full allowance shall be payable to the surviving dependent parent. (e) The surviving spouse or dependent parent may elect to begin receiving the family allowance payable under subdivision (c) or (d) immediately upon the later of the death of the member or when there is no dependent child, or to defer receipt of the allowance to the date the surviving spouse or dependent parent attains 60 years of age. If allowance payments commence prior to the date the surviving spouse or dependent parent attains 60 years of age, the allowance payable shall be actuarially reduced. (f) If there is no dependent child, a surviving spouse or dependent parent or parents may elect, prior to receipt of the first payment under subdivision (c) or (d), to receive the member’s accumulated retirement contributions in a lump sum subject to a reduction for any disability allowance or family allowance payments previously made. (g) (1) The allowance calculated under this section shall not include either of the following: (A) The increase in the percentage of final compensation pursuant to Section 24203.5. (B) The increase in the monthly allowance pursuant to Section 24203.6. (2) This subdivision does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 2007, Ch. 323, Sec. 9. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23805.5. Source version: id_d11e941c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= (a) A parent claiming a benefit under Section 23805 is dependent if all of the following apply: (1) The parent was receiving one-half or more of his or her support from the member for the tax year preceding the member’s death. (2) The parent was declared as a dependent on the income tax return of the member for at least one of the two tax years preceding the member’s death. (3) No one else has assumed at least one-half of the parent’s support in the tax year of the member’s death. (4) The parent has net assets of not more than twenty-five thousand dollars ($25,000), excluding his or her personal residence and personal property therein. (b) A person claiming a benefit under Section 23805 or his or her guardian shall furnish the board a state or federal income tax return and any other evidence regarding his or her financial status as the board may require. (Added by Stats. 1999, Ch. 939, Sec. 61. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23806. Source version: id_d11e941e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= (a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the family allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child. (b) In the case of a dependent child age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child. (Amended by Stats. 1996, Ch. 1165, Sec. 16. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23809. Source version: id_d11e9420-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= The family allowance payable to the surviving spouse who has financial responsibility for at least one dependent child, or the family allowance payable to a dependent child, shall be reduced by an amount equal to the unmodified benefits paid or payable from other public systems for the same event which qualified the surviving spouse or dependent child for the family allowance. (Amended by Stats. 1996, Ch. 1165, Sec. 19. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23810. Source version: id_d11e9422-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= If the person or persons to whom a family allowance is payable dies or no longer qualifies for the allowance, the allowance shall be terminated on the day of that event except as provided in Section 24600. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23811. Source version: id_d1201ac4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= (a) Upon termination of family allowances under this part and prior to the payment of allowances equal to the amount of the member’s accumulated retirement contributions at the time of death, the balance shall be paid to the member’s beneficiary. (b) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date family allowances were last paid or from the date of death, if no family allowance payments were made, to the date the balance is paid. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 22. Active Death Benefits: Family Allowance [23800 - 23812] SECTION 23812. Source version: id_e932c105-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=22.&article= (a) The surviving spouse of a deceased member who previously lost entitlement to benefits prescribed by this part due to remarriage shall be entitled to resume payment of the benefits effective either on January 1, 2000, or the first day of the month following receipt by the board of a written application for resumption of benefits, whichever date is later. The amount of the benefits payable shall be calculated as though the benefits had been paid without interruption from the date of remarriage through the benefits resumption effective date. (b) The board shall be under no requirement to identify, locate, or notify a remarried spouse of a deceased member who previously lost entitlement as a result of remarriage about the resumption of benefits provided in this section. The board shall be under no requirement to provide the name or address or any other information concerning any remarried spouse of a deceased member to any person, agency, or entity for the purpose of notifying those who may be eligible for the resumption of benefits under this section. (c) Nothing in this section shall be construed to imply or interpreted to mean that the benefits addressed shall be required to be paid retroactively. (d) This section does not apply to the surviving domestic partner of a member. (Amended by Stats. 2004, Ch. 912, Sec. 14. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23850. Source version: id_d1201aca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= This chapter governs the eligibility provisions, benefit provisions, allowance computations, and related provisions for the benefits payable under this part with respect to the Defined Benefit Program upon the death of eligible members. “Member,” as used in this chapter, means all persons who become members of the plan under this part on or after October 16, 1992, and all persons who were members as of October 15, 1992, who elected, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered under the death benefit provisions of this chapter. (Amended by Stats. 2000, Ch. 1025, Sec. 30. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23851. Source version: id_f5e343ac-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= (a) A death payment of not less than twenty thousand dollars ($20,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of a member, who had one or more years of credited service, including service deemed to the member under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions, if the member died during any one of the following periods: (1) While in employment for which creditable compensation is paid. (2) Within four months after termination of creditable service or termination of employment, whichever occurs first. (3) Within 12 months of the last day for which creditable compensation was paid, if the member was on an approved leave of absence without creditable compensation for reasons other than disability. (4) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007. (b) A death payment pursuant to this section shall not be payable for the death of a member that occurs within one year commencing with the effective date of termination of the service retirement allowance pursuant to Section 24208 or during the six calendar months commencing with the effective date of termination of the disability retirement allowance pursuant to Section 24117. (c) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment with respect to the Defined Benefit Program any adjusted amount. (d) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 7. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23852. Source version: id_341e34e9-fccd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= Upon receipt of proof of death of a member who has no preretirement option in effect: (a) The surviving spouse may elect to receive either of the following: (1) The member’s accumulated retirement contributions in a lump sum. (2) If the member meets the provisions set forth in Section 23854, the survivor benefit allowance pursuant to Sections 23854 and 23855. (b) If there is no surviving spouse, and the member meets the provisions set forth in Section 23854, then each dependent child shall receive the child’s portion of the survivor benefit allowance pursuant to Sections 23854, 23855, and 23856. The child’s portion of the survivor benefit allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions. (c) If there is no surviving spouse or dependent child to receive a benefit under subdivision (a) or (b), the member’s accumulated retirement contributions shall be paid to the member’s beneficiary in a lump sum. (d) The member’s accumulated annuity deposit contributions shall be paid to the member’s beneficiary in a lump sum. (e) The payment of accumulated contributions in a lump sum shall include credited interest through the date of payment. (f) A beneficiary may waive the right to the lump-sum payment or survivor benefit allowance in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to, or on behalf of, the beneficiary. (Amended by Stats. 2018, Ch. 416, Sec. 13. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23853. Source version: id_d121a170-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law to the contrary, death payments and return of contributions pursuant to Sections 23851 and 23852, if any, may be requested by the surviving spouse or beneficiary and paid by the system as soon as practicable after receipt of proof of death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23854. Source version: id_0377d3ae-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= (a) A survivor benefit allowance is payable upon receipt of proof of death of a member, as defined in Section 23850, who had one or more years of credited service, including deemed service under subparagraph (B) of paragraph (2) of subdivision (a) of Section 22851, at least one of which had been earned subsequent to the most recent refund of accumulated retirement contributions. (b) For the survivor benefit allowance to be payable upon the death of a member, all of the following conditions shall be met at the time of death: (1) Death occurred after October 15, 1992. (2) A preretirement election of an option is not in effect. (3) Death occurs during any one of the following periods: (A) While in employment for which compensation is paid. (B) Within four months after termination of service or termination of employment, whichever occurs first. (C) Within four months after reinstatement from disability retirement. (D) Within 12 months following the last day for which compensation was paid if the member was on an approved leave of absence without compensation for reasons other than disability. (E) While on a leave of absence to perform qualified military service, if the death occurred on or after January 1, 2007. (4) At least one-half year of credited service had been performed subsequent to the end of the last break in service, if a break in service of more than one year had occurred. (5) At least one year of credited service had been performed subsequent to the last reinstatement date, if reinstated from service retirement. (c) The survivor benefit allowance shall be paid in lieu of the return of the member’s accumulated retirement contributions. (d) The survivor benefit allowance may be terminated, if all eligible beneficiaries formally waive their rights in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 8. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23855. Source version: id_7328582c-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= (a) The survivor benefit allowance is a monthly allowance equal to one-half of the modified retirement allowance the member would have received at normal retirement age, if the member had retired and elected Option 3 pursuant to Section 24300, as that section read on December 31, 2006, naming the spouse as the option beneficiary. (b) The allowance payable under this subdivision shall be based on the member’s actual service credit and final compensation as of the date of his or her death, the retirement factor at normal retirement age, and the member’s and spouse’s ages as of the date the member would have attained normal retirement age. If the member’s death occurs after he or she attains normal retirement age, his or her actual final compensation, the retirement factor at normal retirement age, and the member’s and spouse’s ages as of the date of the member’s death shall be used in the allowance calculation. (c) The allowance calculation shall include service credit for the unused sick leave that had accrued to the member as of the date of his or her death. Eligibility for the inclusion of unused sick leave service credit and the calculation of that service credit shall be determined pursuant to Section 22717. (d) (1) The allowance calculation shall not include either of the following: (A) The increase in the percentage of final compensation pursuant to Section 24203.5. (B) The increase of the monthly allowance pursuant to Section 24203.6. (2) The amendments to this section made by the act adding this paragraph do not constitute a change in, but are declaratory of, existing law. (e) The surviving spouse may elect to begin receiving the survivor benefit allowance immediately as of the date of the member’s death or to defer receipt of the allowance to the date the member would have attained normal retirement age. If allowance payments to the surviving spouse commence prior to the date the member would have attained normal retirement age, the allowance payable shall be actuarially reduced. (f) If the spouse elects, pursuant to Section 23852, to receive the survivor benefit allowance, an additional 10 percent of final compensation shall be payable for each dependent child who is under 21 years of age, up to a maximum of 50 percent of final compensation. The child’s portion shall begin to accrue on the day following the member’s date of death and shall be payable even if the spouse elects to postpone receipt of the spouse’s survivor benefit allowance until the date the member would have attained normal retirement age. (g) If there is no surviving spouse, an allowance in an amount equal to 10 percent of the deceased member’s final compensation shall be paid to each dependent child who is under 21 years of age, up to a maximum of 50 percent of final compensation. If there are more than five dependent children, they shall receive allowances in equal shares of the 50 percent of final compensation. A child’s portion of the survivor benefit allowance shall begin to accrue on the day following the member’s date of death. (Amended by Stats. 2013, Ch. 559, Sec. 18. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23856. Source version: id_d1232816-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= (a) A dependent child who is not in the care of the surviving spouse shall be included in the calculation of the children’s portion of the survivor benefit allowance. That child’s portion of the allowance shall be paid to the guardian of the estate of the child, the natural or adoptive parent having custody of the child, or if none, then to the trustee of the trust established for the benefit of the child. (b) In the case of a dependent child who is age 18 years or older, the child’s portion of the allowance shall be paid to the guardian of the estate of the child, trustee of the trust established for the benefit of the child, or if none, then to the child. (Amended by Stats. 1996, Ch. 1165, Sec. 21. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23858. Source version: id_d1232818-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= If the person or persons to whom a survivor benefit allowance is payable dies or no longer qualifies for the allowance, the allowance shall be terminated on the day of the event except as provided in Section 24600. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 23. Active Death Benefits: Survivor Benefits [23850 - 23859] SECTION 23859. Source version: id_24b33bd3-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=23.&article= (a) Upon termination of a survivor benefit allowance pursuant to this chapter, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of accumulated retirement contributions shall be paid to the estate of the spouse. (b) If there is no spouse, and if there is a designated beneficiary pursuant to Section 23300, then upon termination of the survivor benefit allowance payable to all eligible dependent children pursuant to Section 23852, if the total allowance paid or payable is less than the amount of the member’s accumulated retirement contributions at the time of death, the remaining balance of the accumulated retirement contributions shall be paid to the member’s designated beneficiary pursuant to Section 23300. (c) Payments provided under this section shall include credited interest on the unpaid balance calculated from the date the last survivor benefit allowance payment was made or from the date of death of the member, if no survivor benefit allowance payments were made, to the date the balance is paid. (Amended by Stats. 2009, Ch. 304, Sec. 17. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 24. Retired Death Benefits [23880 - 23882] SECTION 23880. Source version: id_112b0f40-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=24.&article= (a) A death payment of not less than five thousand dollars ($5,000) shall be paid to the beneficiary, as designated pursuant to Section 23300, upon receipt of proof of death of either of the following: (1) A retired member. (2) A member, if the death payment pursuant to Section 23801 would have otherwise been payable or if the conditions specified pursuant to paragraphs (3) and (5) of subdivision (b) of Section 23854 are met, and if the member’s death occurs during one of the following periods: (A) Within one year commencing with the effective date of reinstatement from service retirement pursuant to Section 24208. (B) Within six months commencing with the effective date of reinstatement from disability retirement pursuant to Section 24117. (b) The board may adjust the death payment amount following each actuarial valuation based on changes in the All Urban California Consumer Price Index and adopt as a plan amendment any adjusted amount. (c) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 9. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 24. Retired Death Benefits [23880 - 23882] SECTION 23881. Source version: id_1f52b782-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=24.&article= (a) If upon receipt of proof of death of a retired member who was receiving an unmodified allowance and who retired under this part after June 30, 1972, there is a remaining balance of the member’s accumulated retirement contributions, the balance shall be paid to the member’s beneficiary. (b) Upon receipt of proof of death of a retired member’s option beneficiary after the beneficiary begins to receive an allowance, the remaining balance of a member’s accumulated retirement contributions, if any, shall be paid to the beneficiary designated by the option beneficiary to receive that payment. (c) The remaining balance of a retired member’s accumulated retirement contributions shall be the difference between the balance of the accumulated retirement contributions on the effective date of the member’s retirement and the total retirement allowance paid or payable to the retired member on the date of the member’s death. If the retired member predeceased the option beneficiary, the remaining balance of the retired member’s accumulated retirement contributions shall be the difference between the balance of the accumulated retirement contributions on the effective date of the member’s retirement and the total retirement allowance paid or payable to the retired member and the option beneficiary on the date of the option beneficiary’s death. (d) Payments pursuant to this section shall include interest on the remaining balance of accumulated retirement contributions calculated from the date the last allowance payment was made to the date the remaining balance of accumulated retirement contributions is paid. (e) A designated beneficiary may waive the right to the death payment in accordance with the requirements established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (Amended by Stats. 2017, Ch. 298, Sec. 10. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 24. Retired Death Benefits [23880 - 23882] SECTION 23882. Source version: id_d124aec2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=24.&article= Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law, death payments and return of contributions pursuant to Sections 23880 and 23881, if any, may be requested by the beneficiary and paid by the system as soon as practicable after receipt of proof of death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24001. Source version: id_5534835b-fccd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= A member may apply for a disability allowance under the Defined Benefit Program upon written application for disability allowance to the board on a properly executed form provided by the system and subject to the following: (a) (1) The member has five or more years of credited service and all of the following requirements are met: (A) At least four years were credited for actual performance of service subject to coverage under the Defined Benefit Program. Credit received because of workers’ compensation payments shall be counted toward the four-year requirement in accordance with Section 22710. (B) The last five years of credited service were performed in this state. (C) Except as described in subdivision (d) of Section 24201.5, the member is not currently receiving a service retirement allowance and at least one year was credited for service performed subsequent to the date on which the member terminated a service retirement allowance under Section 24208. (D) At least one year was credited for service performed subsequent to the most recent refund of accumulated retirement contributions. (E) The member has neither attained normal retirement age, nor possesses sufficient unused sick leave days to receive creditable compensation on account of sick leave to normal retirement age. (F) The member is not applying for a disability allowance because of a physical or mental condition known to exist at the time the most recent membership in the Defined Benefit Program commenced and remains substantially unchanged at the time of application. (2) A member who becomes disabled prior to normal retirement age, who has sick leave which will extend beyond normal retirement age, and who has a dependent child, may be awarded a disability allowance with an effective date after normal retirement age if the application is filed prior to attaining normal retirement age. (b) Nothing in subdivision (a) shall affect the right of a member to a disability allowance under this part if the reason that the member is credited with less than four years of actual service performed subject to coverage under the Defined Benefit Program is due to an on-the-job injury or a disease that occurred while the member was employed and the four-year requirement can be satisfied by credit obtained under Chapter 14 (commencing with Section 22800) or Chapter 14.5 (commencing with Section 22850) in addition to any credit received from workers’ compensation payments. (c) Nothing in subdivision (a) shall affect the right of a member under this part who has less than five years of credited service to a disability allowance if the following conditions are met: (1) The member has at least one year of credited service performed in this state. (2) The disability is the direct result of an unlawful act of bodily injury that was perpetrated on his or her person by another human being while the member was performing his or her official duties in a position subject to coverage under the Defined Benefit Program. (3) The member provides documentation of the unlawful act in the form of an official police report or official employer incident report. (d) A member who is eligible to apply for a disability allowance pursuant to this section may also apply for a service retirement pending a determination of his or her application for disability as described in Section 24201.5. (Amended by Stats. 2018, Ch. 416, Sec. 14. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24001.5. Source version: id_d1263568-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= A member shall not be eligible for a disability allowance under the Defined Benefit Program while on a leave of absence to serve as a full-time elected officer of an employee organization, even if the member receives service credit under Section 22711. (Amended by Stats. 2001, Ch. 803, Sec. 11. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24002. Source version: id_74b6994e-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= (a) The board may authorize payment of a disability allowance to any member who is qualified upon application under this part by the member, the member’s guardian or conservator, or the member’s employer, if the application is submitted on a properly executed form prescribed by the system during any one of the following periods: (1) While the member is employed and has performed creditable service within the four months previous to application, or while the member is on a compensated leave of absence. (2) While the member is physically or mentally incapacitated for performance of service and the incapacity has been continuous from the last day of actual performance of service for which compensation is payable to the member. (3) While the member is on a leave of absence without compensation, granted for reason other than mental or physical incapacity for performance of service, and within four months after the last day of actual performance of service for which compensation is payable to the member, or within 12 months of that date if the member is on an employer-approved leave to study at an approved college or university. (4) Within four months after the termination of the member’s employment subject to coverage under the Defined Benefit Program, if the application was not made under paragraph (2) and was not made more than four months after the last day of actual performance of service for which compensation is payable to the member. (b) A member is not qualified to receive a disability allowance if the member is applying because of a physical or mental condition that existed at the time the most recent membership in the Defined Benefit Program commenced and which remains substantially unchanged at the time of application. (Amended by Stats. 2013, Ch. 558, Sec. 19. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24003. Source version: id_02000b92-47eb-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= (a) The member shall provide medical documentation to substantiate the impairment qualifying the member for the disability allowance. (b) On receipt of an application for disability allowance under this part, the system may order a medical examination or review of medical documentation of a member to determine whether the member is incapacitated for performance of service. The medical examination or review of medical documentation shall be conducted by a practicing physician, selected by the board, with expertise in the member’s impairment and the board shall pay all costs associated with the examination or review of medical documentation. If the member refuses to submit to the required medical examination or review of medical documentation, the application for disability allowance shall be rejected. If a medical examination is ordered: (1) The member shall either remain in this state, or return to this state at the member’s own expense, to undergo the medical examination, or the application shall be rejected, unless this requirement is waived by the board. The board shall pay all other reasonable costs related to travel and meals in accordance with the rates set for state employees by the Department of Human Resources. (2) If the member is too ill to be examined, the system shall postpone the examination until the member can be examined. The member or the member’s treating physician shall inform the system, in writing, when the medical examination can be rescheduled. (c) The system may reject the disability allowance application under this part if the member fails to provide requested medical documentation to substantiate a disability, as defined in Section 22126, within 45 days from the date of the request or within 30 days from the time that a legally designated representative is empowered to act on behalf of a member who is mentally or physically incapacitated. (d) If the board determines that a member who has applied for a disability allowance under this part may perform service in the member’s former position of employment or in a comparable level position with the assistance of reasonable accommodation, the board may require the member to request reasonable accommodation from the employer. Failure of the member to request reasonable accommodation, as directed by the board, may be grounds for cancellation of the disability allowance application. (e) If the employer fails or refuses to provide reasonable accommodation, the board may require the member to pursue an administrative appeal of the employer’s denial as a condition for receiving a disability allowance under this part. (f) The system shall inform the member of the rejection or cancellation of the member’s disability allowance application under this part within 30 days after that determination is made by the system. (g) In determining whether a member meets the definition of disability pursuant to Section 22126, the board shall make a determination on the basis of competent medical documentation and shall not use the awarding of a disability allowance as a substitute for the disciplinary process. (Amended by Stats. 2012, Ch. 665, Sec. 8. (SB 1308) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24004. Source version: id_d126356e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= In cases of a member’s willful substance abuse or if the board determines a member who qualifies for a disability allowance pursuant to Section 24001 has mental, physical, or vocational rehabilitation potential, the board may limit the disability allowance under this part to a period not to exceed two years from the date of approval of the disability allowance. Notwithstanding Section 24013, the disability allowance shall terminate at the end of the period granted unless an extension is granted by the board. (Amended by Stats. 1998, Ch. 965, Sec. 149. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24005. Source version: id_35e6123e-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= (a) A disability allowance under this part shall become effective upon any date designated by the member, provided all of the following conditions are met: (1) An application for disability allowance is filed on a properly executed form prescribed by the system. (2) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. (3) The effective date is no earlier than either the first day of the month in which the application is received by the system’s headquarters office or the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent. (b) If the member is employed to perform creditable service subject to coverage under the Defined Benefit Program at the time the disability allowance is approved under this part, the member shall notify the system in writing, within 90 days, of the last day on which the member will perform service. If the member does not respond within 90 days, or if the last day on which service will be performed is more than 90 days after the date the system notifies the member of approval of the disability allowance, the member’s application for a disability allowance shall be rejected and a disability allowance shall not be payable to the member. (Amended by Stats. 2016, Ch. 218, Sec. 26. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24006. Source version: id_d1263572-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= Upon qualification for disability under this part, a member shall receive an annual allowance equal to 50 percent of final compensation payable in monthly installments. The allowance shall be increased by 10 percent of final compensation for each dependent child, to a maximum of four dependent children. (Amended by Stats. 1998, Ch. 965, Sec. 151. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24007. Source version: id_d127e324-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= A member who qualifies for a disability allowance under this chapter and who has attained age 45 years, but who has not yet attained age 60 years, shall have his or her allowance calculated upon service with each year of credited California service providing 5 percent of final compensation. The disabled member shall receive the lesser of this amount or the amount provided by Section 24006. A child’s portion of the allowance shall be determined pursuant to Section 24006. This section shall not apply to a member who is eligible to apply for a disability allowance under subdivision (c) of Section 24001. (Amended by Stats. 1997, Ch. 386, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24009. Source version: id_d127e326-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= A disability allowance payable pursuant to Sections 24006 and 24007 that includes a child’s portion shall be reduced when a dependent child becomes ineligible. The reduction shall take into account the increases made by application of the improvement factor. However, the member’s disability allowance shall not be less than it would have been if there had never been a dependent child. (Amended by Stats. 1996, Ch. 1165, Sec. 26. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24010. Source version: id_d127e328-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= Allowances payable under Sections 24006 and 24007 shall be reduced by an amount equal to the unmodified benefits paid or payable under other public systems for the same impairment or impairments that qualify the member for a disability allowance under this part. With respect to workers’ compensation payments that are subject to liens under Section 4903 of the Labor Code, “unmodified benefits,” for purposes of this section, shall only include payments for temporary disability, vocational rehabilitation monthly allowance, and permanent disability. (Amended by Stats. 2002, Ch. 375, Sec. 10. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24011. Source version: id_d127e32a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= A member who qualifies for disability allowance pursuant to this chapter because of a disabling impairment that is amenable to treatment that could be expected to restore the member’s ability to perform service in the member’s former position of employment or a comparable level position shall participate in a treatment program prescribed by the member’s primary treating physician. Willful failure to initiate and continue participation in the treatment program shall cause the disability allowance to be terminated. In determining whether a member has good cause for failure to follow the treatment program, the board shall take into account whether treatment would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened, as determined by the member’s treating physician and substantiated by medical evidence. (Amended by Stats. 1998, Ch. 965, Sec. 153. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24012. Source version: id_d127e32c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= (a) A member who is receiving a disability allowance pursuant to this chapter who is determined by the board to have a mental, physical, or vocational rehabilitation potential that could be expected to restore the member’s ability to perform service in the member’s former position of employment or a comparable level position shall participate in an appropriate rehabilitation program approved by the board. The board shall pay all reasonable costs of the approved program. Willful failure to initiate and continue participation in the rehabilitation program shall cause the disability allowance to be terminated. In determining whether a member has good cause for failure to participate in the program, the board shall take into account whether the participation would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened, as determined by the member’s treating physician and substantiated by medical evidence. (b) Any cost for the approved rehabilitation program prescribed by the board shall be paid directly by the system from the fund. (Amended by Stats. 2003, Ch. 859, Sec. 19. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24013. Source version: id_d127e32e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= The board may require any member receiving a disability allowance under this part to undergo medical examination at such times as the board deems necessary. The system may request the member’s treating physician, upon authorization by the disabled member, to complete a medical reevaluation questionnaire. The system shall reimburse the disabled member for all reasonable costs related to completion of this questionnaire in an amount not to exceed two hundred fifty dollars ($250) if the disabled member has no other health coverage that would pay the costs of completing the medical questionnaire. The board may authorize a medical examination to be conducted by the disabled member’s treating source at the disabled member’s expense and, in any case, may require a medical examination to be conducted by a physician selected by the board, in which event, the board shall pay all reasonable costs associated with the examination. The board shall, in scheduling medical examinations, give consideration to the interests and convenience of the disabled member. If the examination, together with other available information, shows to the satisfaction of the board that the member is no longer disabled, the disability allowance shall be terminated. Should the disabled member refuse to submit to medical examination, as provided in this section, the disability allowance shall be terminated and all rights of the disabled member to the disability allowance shall be revoked. (Amended by Stats. 1998, Ch. 965, Sec. 154. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24014. Source version: id_d12969d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= A disabled member may be employed to perform creditable service subject to coverage under the Defined Benefit Program. The employment shall not cause the disability allowance to be suspended or terminated except as provided in Sections 23401, 24013, and 24015, and no deduction shall be made from the disabled member’s compensation as contributions to the Defined Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 155. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24015. Source version: id_d12969d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= Notwithstanding Section 22132, if a person who begins to receive a disability allowance under this part after June 30, 1972, is employed, or is self-employed in any capacity in which his or her average earnings for any prior continuous six months amount to 66 2/3 percent of the indexed final compensation, the person shall be presumed capable of performing gainful employment and no longer disabled. The disability allowance shall be terminated on the first day of the month following the six-month period. Any allowance paid thereafter shall be considered an overpayment and recovery shall be made. (Amended by Stats. 1998, Ch. 965, Sec. 156. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24016. Source version: id_d12969d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= (a) For any one or more months in which the total of a disabled member’s allowance under this part, excluding children’s portions, and earnings exceed 100 percent of indexed final compensation, 100 percent of the amount in excess shall be considered an overpayment and recovery shall be made. (b) This action shall not apply to disabled members who have allowances terminated under Section 24015 or who are enrolled in an approved rehabilitation program. (Amended by Stats. 1998, Ch. 965, Sec. 157. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24017. Source version: id_d12969d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= If a person who began receiving a disability allowance under this part after June 30, 1972, is enrolled in an approved rehabilitation program and the total of the disability allowance, excluding children’s portions, and earnings exceed 100 percent of indexed final compensation, 50 percent of the amount in excess shall be considered an overpayment and recovery shall be made. (Amended by Stats. 1998, Ch. 965, Sec. 158. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 25. Disability Allowance [24001 - 24018] SECTION 24018. Source version: id_ad95297c-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=25.&article= When a disabled member returns to work in his or her former position of employment or in a comparable level position and within six months of return experiences a recurrence of the original disability, that can be medically substantiated, it shall be considered, for the purpose of determining the duration of the disability, that the condition had its onset as of the date the member first became disabled. The former disability allowance under this part shall again become payable as of the later of the first day of the month in which the recurrence of the disability occurred or the last day of creditable service for which compensation is payable to the member provided the member complies with the provisions of Section 24003. (Amended by Stats. 2010, Ch. 207, Sec. 16. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24100. Source version: id_d12af07c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= This chapter governs the eligibility, allowance computations, and related provisions for the disability retirement program. This chapter applies to all persons who become members of the plan under this part on and after October 16, 1992, all persons who become members of the plan on and after October 16, 1992, subsequent to a refund, and to all members as of October 15, 1992, who elect under this part, pursuant to Chapter 21.5 (commencing with Section 23700), to be covered by the disability retirement program set forth in this chapter. (Amended by Stats. 1998, Ch. 965, Sec. 160. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24101. Source version: id_7666490d-fccd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= A member may apply for a disability retirement under this part upon written application for disability retirement to the board on a properly executed form provided by the system and subject to the following: (a) The member has five or more years of credited service and all of the following requirements are met: (1) At least four years were credited for actual service performed subject to coverage under the Defined Benefit Program. Credit received because of workers’ compensation payments shall be counted toward the four-year requirement in accordance with Section 22710. (2) The last five years of credited service were performed in this state. (3) Except as described in subdivision (d) of Section 24201.5, the member is not currently receiving a service retirement allowance and at least one year of credited service was earned subsequent to the date on which the member terminated a service retirement allowance under Section 24208. (4) At least one year of credited service was earned subsequent to the date on which the member’s disability retirement was terminated. (5) At least one year of credited service was earned subsequent to the most recent refund of accumulated retirement contributions. (6) The member is not applying for a disability retirement because of a physical or mental condition known to exist at the time the most recent membership in the Defined Benefit Program commenced and that remains substantially unchanged at the time of application. (b) Nothing in subdivision (a) shall affect the right of a member to a disability retirement if the reason that the member has performed less than four years of actual service is due to an on-the-job injury or a disease while in employment subject to coverage by the Defined Benefit Program and the four-year requirement can be satisfied by credit obtained under Chapter 14 (commencing with Section 22800) or Chapter 14.5 (commencing with Section 22850) in addition to any credit received from workers’ compensation payments. (c) Nothing in subdivision (a) shall affect the right of a member under this part who has less than five years of credited service to a disability retirement allowance if the following conditions are met: (1) The member has at least one year of credited service performed in this state. (2) The disability is a direct result of an unlawful act of bodily injury that was perpetrated on his or her person by another human being while the member was performing his or her official duties in a position subject to coverage under the Defined Benefit Program. (3) The member provides documentation of the unlawful act in the form of an official police report or official employer incident report. (d) A member who is eligible to apply for a disability retirement pursuant to this section may also apply for a service retirement pending a determination of his or her application for disability as described in Section 24201.5. (Amended by Stats. 2018, Ch. 416, Sec. 15. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24101.5. Source version: id_d12c7720-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= A member shall not be eligible for disability retirement under the Defined Benefit Program while on a leave of absence to serve as a full-time, elected officer of an employee organization, even if the member receives service credit under Section 22711. (Amended by Stats. 1999, Ch. 939, Sec. 63. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24102. Source version: id_77deb452-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= (a) The board may authorize payment of a disability retirement allowance under this part to any member who is qualified upon application by the member, the member’s guardian or conservator, or the member’s employer, if the application is submitted on a properly executed form prescribed by the system during any one of the following periods: (1) While the member is employed and has performed creditable service within the four months previous to application, or while the member is on a compensated leave of absence. (2) While the member is physically or mentally incapacitated for performance of service and the incapacity has been continuous from the last day of actual performance of service for which compensation is payable to the member. (3) While the member is on a leave of absence without compensation, granted for reason other than mental or physical incapacity for performance of service, and within four months after the last day of actual performance of service for which compensation is payable to the member, or within 12 months of that date if the member was on an employer-approved leave to study at an approved college or university. (4) Within four months after the termination of the member’s employment subject to coverage under the Defined Benefit Program, if the application was not made under paragraph (2) and was not made more than four months after the last day of actual performance of service for which compensation is payable to the member. (b) The member is not qualified to receive a disability retirement allowance if the member is applying because of a physical or mental condition that existed at the time the most recent membership in the Defined Benefit Program commenced and which remains substantially unchanged at the time of application. (Amended by Stats. 2013, Ch. 558, Sec. 21. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24103. Source version: id_0920b0f4-47eb-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= (a) The member shall provide medical documentation substantiating the impairment qualifying the member for the disability retirement under this part. (b) On receipt of an application for disability retirement under this part, the system may order a medical examination or review of medical documentation of a member to determine whether the member is incapacitated for performance of service. The medical examination or review of medical documentation shall be conducted by a practicing physician, selected by the board, with expertise in the member’s impairment, and the board shall pay all costs associated with the examination or review of medical documentation. If the member refuses to submit to the required medical examination or review of medical documentation, the application for disability retirement shall be rejected. If a medical examination is ordered: (1) The member shall either remain in this state, or return to this state at the member’s own expense, to undergo the medical examination or the application shall be rejected, unless this requirement is waived by the board. The board shall pay all other reasonable costs related to travel and meals in accordance with the rates set for state employees by the Department of Human Resources. (2) If the member is too ill to be examined, the system shall postpone the examination until the member can be examined. The member or the member’s treating physician shall inform the system, in writing, when the medical examination can be rescheduled. (c) The system may reject the disability retirement application under this part if the member fails to provide requested medical documentation to substantiate a disability, as defined in Section 22126, within 45 days from the date of the request or within 30 days from the time that a legally designated representative is empowered to act on behalf of a member who is mentally or physically incapacitated. (d) If the board determines that a member who has applied for disability retirement under this part may perform service in the member’s former position of employment or in a comparable level position with the assistance of reasonable accommodation, the board may require the member to request reasonable accommodation from the employer. Failure of the member to request reasonable accommodation, as directed by the board, may be grounds for cancellation of the disability retirement application under this part. (e) If the employer fails or refuses to provide reasonable accommodation, the board may require the member to pursue an administrative appeal of the employer’s denial as a condition for receiving a disability retirement allowance under this part. (f) The system shall inform the member of the rejection or cancellation of the member’s disability retirement allowance application under this part within 30 days after that determination is made by the system. (g) In determining whether a member meets the definition of disability pursuant to Section 22126, the board shall make a determination on the basis of competent medical documentation and shall not use the awarding of a disability retirement as a substitute for the disciplinary process. (Amended by Stats. 2012, Ch. 665, Sec. 9. (SB 1308) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24104. Source version: id_d12c7726-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= In cases of a member’s willful substance abuse or if the board determines a member who qualifies for disability retirement under this part pursuant to this chapter has mental, physical, or vocational rehabilitation potential, the board may limit the disability retirement to a period not to exceed two years from the date of approval of the disability retirement. Notwithstanding Section 24112, the disability retirement allowance shall terminate at the end of the period granted unless an extension is granted by the board. (Amended by Stats. 1998, Ch. 965, Sec. 165. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24105. Source version: id_3cc8c440-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= (a) A disability retirement allowance under this part shall become effective upon any date designated by the member, provided that all of the following conditions are met: (1) An application for disability retirement is filed on a properly executed form prescribed by the system. (2) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. (3) The effective date is no earlier than either the first day of the month in which the application is received at the system’s headquarters office or the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent. (4) The application for disability retirement contains an election of either an unmodified allowance or an allowance modified under an option as provided in Section 24332. (b) If the member is employed to perform creditable service subject to coverage under the Defined Benefit Program at the time the disability retirement is approved, the member shall notify the system in writing, within 90 days, of the last day on which the member will perform service. If the member does not respond within 90 days, or if the last day on which service will be performed is more than 90 days after the date the system notifies the member of the approval of disability retirement, the member’s application for disability retirement shall be rejected and a disability retirement allowance shall not be payable to the member. (Amended by Stats. 2016, Ch. 218, Sec. 27. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24106. Source version: id_2c478514-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= Upon retirement for disability pursuant to this chapter, a member under this part shall receive a retirement allowance that shall consist of all of the following: (a) An annual allowance equal to 50 percent of final compensation payable in monthly installments. (b) An additional 10 percent of final compensation for each dependent child, up to a maximum of 40 percent of final compensation. If there are more than four dependent children, they shall share equally in the maximum allowance of 40 percent. A dependent child may waive his or her right to his or her portion of the allowance in accordance with procedures established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (c) An annuity that shall be the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member’s account on the effective date of the disability retirement. (Amended by Stats. 2017, Ch. 298, Sec. 11. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24107. Source version: id_09acefca-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= A member retired for disability under this part may elect an option pursuant to Section 24332 to modify the disability retirement allowance payable pursuant to subdivision (a) of Section 24106. (Amended by Stats. 2014, Ch. 755, Sec. 29. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24108. Source version: id_d12dfdce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= A retirement allowance payable pursuant to Section 24106 that includes a child’s portion shall be reduced when a dependent child becomes ineligible. The reduction shall take into account the increases made by application of the improvement factor. However, the retired member’s allowance under this part shall not be less than it could have been if there had never been a dependent child. (Amended by Stats. 1998, Ch. 965, Sec. 169. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24109. Source version: id_10239526-47eb-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= Retirement allowances payable pursuant to subdivision (a) of Section 24106 shall be reduced by an amount equal to the unmodified benefits paid or payable under a workers’ compensation program for the same impairment or impairments that qualify the member for a disability retirement allowance under this part. For purposes of this section, unmodified benefits are limited to benefits for temporary disability, permanent disability, and for vocational rehabilitation paid or payable under the Workers’ Compensation Act. (Amended by Stats. 2012, Ch. 864, Sec. 12. (AB 2663) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24110. Source version: id_d12dfdd2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= A member who qualifies for disability retirement under this part pursuant to this chapter because of a disabling impairment that is amenable to treatment that could be expected to restore the member’s ability to perform service in the member’s former position of employment or in a comparable level position shall participate in a treatment program prescribed by the member’s primary treating physician. Willful failure to initiate and continue participation in the program shall cause the disability retirement allowance to be terminated. In determining whether a member has good cause for failure to follow that treatment, the board shall take into account whether the treatment would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened as determined by the member’s treating physician and substantiated by medical evidence. (Amended by Stats. 1998, Ch. 965, Sec. 171. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24111. Source version: id_d12dfdd4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= (a) A member who is receiving a disability retirement allowance under this part pursuant to this chapter who is determined by the board to have a mental, physical, or vocational rehabilitation potential that could be expected to restore the member’s ability to perform service in the member’s former position of employment or in a comparable level position shall participate in an appropriate rehabilitation program approved by the board. The board shall pay all reasonable costs of the approved program. Willful failure to initiate and continue participation in the rehabilitation program shall cause the disability retirement allowance under this part to be terminated. In determining whether a member has good cause for failure to participate in the program, the board shall take into account whether the participation would abridge the member’s right to the free exercise of religion or whether the member’s physical or mental condition has worsened as determined by the member’s treating physician and substantiated by medical evidence. (b) Any cost for the approved rehabilitation program prescribed by the board shall be paid directly by the system from the fund. (Amended by Stats. 2003, Ch. 859, Sec. 20. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24112. Source version: id_d12f8476-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= The board may require a member receiving a disability retirement allowance under this part to undergo medical examination at such times as the board deems necessary. The system may request the member’s treating physician, upon authorization by the retired member, to complete a medical reevaluation questionnaire. The system shall reimburse the retired member for all reasonable costs related to completion of this questionnaire in an amount not to exceed two hundred fifty dollars ($250) if the retired member has no other health coverage that would pay for the cost of completing the medical questionnaire. The board may authorize a medical examination to be conducted by the retired member’s treating source at the retired member’s expense and, in any case, may require a medical examination to be conducted by a physician selected by the board, in which event, the board shall pay all reasonable costs associated with the examination. The board shall, in scheduling medical examinations, give consideration to the interests and convenience of the retired member. If the examination, together with other available information, shows to the satisfaction of the board that the retired member is no longer disabled, the disability retirement allowance shall be terminated. Should the retired member refuse to submit to medical examination, as provided in this section, the member’s disability retirement allowance shall be terminated and all rights of the retired member to the disability retirement allowance shall be revoked. (Amended by Stats. 1998, Ch. 965, Sec. 173. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24113. Source version: id_d12f8478-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= A member retired for disability under this part may be employed to perform creditable service subject to coverage under the Defined Benefit Program. The employment shall not cause the disability retirement allowance to be suspended or terminated, except as provided in Section 24112, and no deduction shall be made from the retired member’s compensation as contributions to the plan under this part. (Amended by Stats. 1998, Ch. 965, Sec. 174. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24114. Source version: id_5338ee8d-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= (a) A member receiving a disability retirement benefit under this part may be employed or self-employed in any capacity, notwithstanding Section 22132, but may not make contributions to the retirement fund with respect to the Defined Benefit Program or accrue service credit under this part based on earnings from any employment. (b) A member receiving a disability retirement benefit under this part may earn in any one calendar year up to the limitation specified in subdivision (c) without a reduction in his or her disability retirement allowance. (c) The limitation that shall apply to the earnings of a member receiving a disability retirement benefit under this part shall be fifteen thousand dollars ($15,000), in any one calendar year, adjusted annually by the board effective each January 1 by the amount of increase in the All Urban California Consumer Price Index using December 1989 as the base. (d) If a member receiving a disability retirement benefit under this part earns in excess of the limitation specified in subdivision (c) from all employment in any calendar year, notwithstanding Section 22132, his or her retirement allowance shall be reduced by the amount of the excess earnings. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the annual allowance payable under this part for the calendar year in which the excess compensation was earned. (e) The earnings limitation specified in this section does not apply to a member receiving a disability retirement benefit under this part who is participating in an approved rehabilitation program pursuant to Section 24111. (f) This section does not apply to a member receiving a disability retirement benefit under this part who began receiving a disability retirement allowance prior to October 16, 1992. (Amended by Stats. 2015, Ch. 123, Sec. 17. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24116. Source version: id_d12f847c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= A member retired for disability under this part whose last employment was in the California State University, as a member of the Defined Benefit Program or the Public Employees’ Retirement System, may serve as a member of the teaching staff of the California State University and shall be subject to the employment limitations as provided by the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code). (Amended by Stats. 1998, Ch. 965, Sec. 176. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24117. Source version: id_d12f847e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= (a) A member retired for disability under this part may terminate the disability retirement allowance upon written request to the system. (b) If a member retired for disability under this part is determined by the board to no longer be eligible to receive a disability retirement allowance pursuant to this chapter, the disability retirement allowance shall be terminated. (Amended by Stats. 1998, Ch. 965, Sec. 177. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24118. Source version: id_d12f8480-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= (a) Upon termination of a disability retirement allowance that was payable pursuant to this chapter, the individual account of the member under this part shall be credited with the amount of the member’s accumulated retirement contributions as they were on the effective date of disability retirement, less the sum of all payments made under subdivisions (a) and (b) of Section 24106. The reduction shall not be greater than the total of the accumulated retirement contributions. (b) Upon the termination of a disability retirement, the accumulated annuity deposit contribution account of the member shall be credited with the amounts of those contributions as they were on the date the annuity became payable under this part because of that retirement less the sum of all payments made pursuant to subdivision (c) of Section 24106. (Amended by Stats. 1998, Ch. 965, Sec. 178. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 26. Disability Retirement [24100 - 24119] SECTION 24119. Source version: id_b0d7f872-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=26.&article= When a member retired for disability under this part returns to work in the member’s former position of employment or in a comparable level position and within six months of return experiences a recurrence of the original disability, which can be medically substantiated, it shall be considered, for the purpose of determining the duration of the disability, that the condition had its onset as of the date the member first became disabled. The former disability retirement allowance shall again become payable as of the later of the first day of the month in which the recurrence of the disability occurred or the last day of creditable service for which compensation is payable to the member, provided the member complies with Section 24103. (Amended by Stats. 2010, Ch. 207, Sec. 19. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24201. Source version: id_43f499c6-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member may retire for service under this part upon written application for retirement to the board on a properly executed form provided by the system, under paragraph (1) or (2) as follows: (1) The member has attained 55 years of age or more and has at least five years of credited service, at least one year of which has been performed subsequent to the most recent refund of accumulated retirement contributions. The five years of credited service may include out-of-state service purchased pursuant to Section 22820. The number of years of credited service performed in California shall not be less than the number of years necessary to determine final compensation pursuant to Section 22134 or 22135, whichever is applicable to the member. (2) The member is credited with service that is not used as a basis for benefits under any other public retirement system, excluding the federal social security system, if the member has attained 55 years of age or older and retires concurrently under one or more of the retirement systems with which the member has concurrent membership as defined in Section 22115.2. (b) Application for retirement under paragraph (2) of subdivision (a) may be made even if the member has not earned five years of credited service. (Amended by Stats. 2006, Ch. 655, Sec. 21. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24201.5. Source version: id_b1205b6d-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member who is eligible and applies for a disability allowance or retirement pursuant to Section 24001 or 24101 may apply to receive a service retirement allowance pending the determination of their application for disability, subject to all of the following: (1) The member is eligible to retire for service under Section 24201 or 24203. (2) The member submits the application on a form provided by the system, subject to all of the following: (A) The application is executed no earlier than the date the application for disability benefits is executed and no earlier than six months before the effective date of the retirement allowance. (B) The effective date is no earlier than the first day of the month in which the application for disability benefits is received by the system, unless the application for disability benefits is denied or canceled and the member has indicated an earlier service retirement date on the application to use if denied or canceled. If the application for disability benefits is denied or canceled, the service retirement date of a member who submits an application for retirement pursuant to this section shall be no earlier than 270 calendar days prior to when the application for service retirement is received by the system. (C) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. (D) The effective date is no earlier than one year following the date on which a retirement allowance was terminated pursuant to Section 24208, unless the application for disability benefits is denied or canceled and the member has indicated an earlier service retirement date on the application to use if denied or canceled. If the application for disability benefits is denied or canceled, the service retirement date is no earlier than one day after the date on which a retirement allowance was terminated pursuant to Section 24208, provided that the retirement allowance is terminated no earlier than 270 calendar days prior to when the application for service retirement is received by the system. (E) The effective date is no earlier than one year following the date on which a retirement allowance was terminated pursuant to subdivision (a) of Section 24117. (3) The effective date of the service retirement allowance can be no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent. (4) A member who applies for service retirement under this section is not eligible to receive a lump-sum payment and an actuarially reduced monthly allowance pursuant to Section 24221. (5) A member who applies for service retirement under this section is not eligible to receive an allowance calculated pursuant to Section 24205. (6) A member who applies for service retirement under this section and elects to receive their retirement benefit pursuant to Section 25009 as a lump-sum payment is not eligible to elect a disability benefit pursuant to Section 25016 or 25018.1. (7) (A) Except as described in subparagraph (B), a member who applies for service retirement under this section shall not receive service credit for each day of accumulated and unused leave of absence for illness or injury or for education pursuant to Section 22717 or 22717.5. (B) If the application for disability is denied or canceled, the member’s service retirement allowance shall be adjusted to the effective date of the service retirement to include service credited pursuant to Section 22717 or 22717.5. (8) If the application for disability is denied or canceled, a member who applies for a service retirement allowance under this section is subject to all of the following: (A) Unless otherwise provided in this part, a member who, on their application for service retirement, elects an option pursuant to Section 24300.1 or 24307 may not change or revoke that option. (B) If the member receives a modified service retirement allowance based on the election of an option pursuant to Section 24300.1 or 24307, that modified service retirement allowance shall continue in effect and unchanged. (C) If the member did not elect an option pursuant to Section 24300.1 or 24307 and receives an unmodified service retirement allowance, that unmodified service retirement allowance shall continue in effect and unchanged. (b) A member who applies for service retirement under this section may change or cancel their service retirement application pursuant to Section 24204, or may terminate their service retirement allowance pursuant to Section 24208. (c) A member may not cancel their application for disability prior to a determination of that application unless they submit a written request to the system. If a member elects to cancel their service retirement application or elects to terminate their service retirement allowance as described in subdivision (b), that election shall not cancel the application for disability. (d) (1) Subparagraph (C) of paragraph (1) of subdivision (a) of Section 24001 and paragraph (3) of subdivision (a) of Section 24101 shall not apply to a member who cancels an application for service retirement pursuant to Section 24204 or who terminates a service retirement allowance pursuant to Section 24208, if all of the following apply: (A) The member earned at least one year of credited service subsequent to the most recent terminated service retirement allowance. (B) The member’s application for disability under this section is pending determination by the board. (2) If the member’s application for disability under this section is denied or canceled, subparagraph (C) of paragraph (1) of subdivision (a) of Section 24001 and paragraph (3) of subdivision (a) of Section 24101 shall apply if the member submits a new application for disability. (e) (1) If the board approves the application for disability, and notwithstanding subdivision (f) of Section 24204, the board shall cancel the member’s application for service retirement and shall authorize payment of a disability allowance or disability retirement. (2) If the board approves the application for disability and the member has received service retirement allowance payments under this part, the effective date for the disability allowance or disability retirement shall be the same as the effective date of the service retirement allowance. (f) If a member who applies for service retirement under this section dies prior to a determination by the board on the application for disability, the member shall be considered retired for service at the time of death, and any subsequent benefits shall be paid accordingly. (g) If a member who applies for service retirement under this section dies after the board has approved the member’s application for disability, the member shall be considered a disabled member, or retired for disability, at the time of death, and any subsequent benefits shall be paid accordingly, even if the member died prior to receiving notification of the approval of their application for disability. (h) If the member changes or cancels their service retirement application or terminates their service retirement allowance as described in subdivision (b), the system shall make appropriate adjustments to the applicable service retirement allowance, disability allowance, or disability retirement allowance, retroactive to the effective date of the disability allowance or disability retirement allowance. Subdivision (a) of Section 24617 shall not apply. (i) The system may recover a service retirement allowance overpayment made to a member by deducting that overpayment from any subsequent disability benefit payable to the member. (j) Nothing in this section shall be construed to allow a member or beneficiary to receive more than one type of retirement or disability allowance for the same period of time. (k) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the website of the system no later than January 1, 2026. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 1) and added by Stats. 2023, Ch. 708, Sec. 2. (SB 327) Effective January 1, 2024. Operative on the date prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24202. Source version: id_7cab7ea8-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member who retires for service after June 30, 1972, shall receive a retirement allowance consisting of both of the following: (1) An annual allowance payable in monthly installments, upon retirement at normal retirement age but less than age 601/4, equal to 2 percent of the final compensation for each year of credited service. If the member’s retirement is effective at less than normal retirement age and between early retirement age and normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month that will elapse until the member will attain normal retirement age. (2) An annuity that shall be the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member’s account at the time of retirement. (b) In computing the amounts described in subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or such later date as provided in Section 24204 shall be used. (c) The amendments to this section during the 1997–98 Regular Session of the Legislature shall not apply to state employees. (d) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 19. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24202.5. Source version: id_7e32baea-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member who retires for service on or after January 1, 1999, shall receive a retirement allowance consisting of all of the following: (1) An annual allowance payable in monthly installments, upon retirement equal to the percentage of the final compensation set forth opposite the member’s age at retirement in the following table multiplied by each year of credited service: Age at Retirement Percentage 60 ........................ 2.00 60¼ ........................ 2.033 60½ ........................ 2.067 60¾ ........................ 2.10 61 ........................ 2.133 61¼ ........................ 2.167 61½ ........................ 2.20 61¾ ........................ 2.233 62 ........................ 2.267 62¼ ........................ 2.30 62½ ........................ 2.333 62¾ ........................ 2.367 63 and over ........................ 2.40 If the member’s retirement is effective at less than normal retirement age and between early retirement age and normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month that will elapse until the member will attain normal retirement age. (2) An annuity that shall be the actuarial equivalent of the member’s accumulated annuity deposit contributions at the time of retirement. (3) An annuity based on the balance of credits in the member’s Defined Benefit Supplement account, pursuant to Section 25012, if elected by the member pursuant to Section 25011 or 25011.1. (b) In computing the amounts described in paragraph (1) of subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or the later date as described in Section 24204 shall be used. (c) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 20. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24202.6. Source version: id_7fb90ccc-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member subject to the California Public Employees’ Pension Reform Act of 2013 shall receive a retirement allowance consisting of all of the following: (1) An annual allowance payable in monthly installments upon retirement equal to the percentage of the final compensation set forth opposite the member’s age at retirement in the following table multiplied by each year of credited service: Age at Retirement Percentage 62 ........................ 2.000 621/4 ........................ 2.033 621/2 ........................ 2.067 623/4 ........................ 2.100 63 ........................ 2.133 631/4 ........................ 2.167 631/2 ........................ 2.200 633/4 ........................ 2.233 64 ........................ 2.267 641/4 ........................ 2.300 641/2 ........................ 2.333 643/4 ........................ 2.367 65 ........................ 2.400 (2) If a member retires after attaining early retirement age but before attaining normal retirement age, the member’s allowance shall be reduced by one-half of 1 percent for each full month, or fraction of a month, that will elapse until the member will attain normal retirement age. (b) In computing the amounts described in paragraph (1) of subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to be payable or the later date as described in Section 24204 shall be used. (c) Creditable compensation used to calculate the defined benefit shall be limited as described in Section 22119.3. (Amended by Stats. 2013, Ch. 559, Sec. 21. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24202.7. Source version: id_8130437e-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= Notwithstanding any other provision of this part, for a member subject to the California Public Employees’ Pension Reform Act of 2013, the minimum retirement age shall be 55 years of age, the early retirement age shall be 55 years of age, and the normal retirement age shall be 62 years of age. (Amended by Stats. 2013, Ch. 559, Sec. 22. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24202.8. Source version: id_133ce9e6-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= It is the intent of the Legislature that the system identify and propose all statutory changes necessary to fully effectuate the implementation of the changes established in Sections 24202.6 and 24202.7 in all relevant statutes by June 30, 2013. (Added by Stats. 2012, Ch. 296, Sec. 5. (AB 340) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24203. Source version: id_829048b0-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member who has 30 years of credited service under this part may retire at age 50 years or older and receive an annual allowance equal to 2 percent of final compensation for each year of credited service. If the member has attained age 50 years, but has not attained early retirement age, the allowance shall be reduced by one-quarter of 1 percent for each full month or fraction of a month that will elapse until the member will attain early retirement age and one-half of 1 percent for each full month, or fraction of a month between early retirement age and normal retirement age. (b) In computing the amounts described in subdivision (a), the age of the member on the last day of the month in which the retirement allowance begins to accrue or any later date provided in Section 24204 shall be used. (c) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 23. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24203.5. Source version: id_15d6570e-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) The percentage of final compensation used to compute the allowance pursuant to Section 24202.5, 24203, 24205, 24209, 24209.3, 24210, 24211, 24212, or 24213 of a member retiring on or after January 1, 1999, who has 30 or more years of credited service, shall be increased by two-tenths of 1 percentage point, provided that the sum of the percentage of final compensation used to compute the allowance, including any adjustments for retiring before the normal retirement age, and the additional percentage provided by this section does not exceed 2.40 percent. (b) For purposes of establishing eligibility for the increased allowance pursuant to this section only, credited service shall exclude service credited pursuant to the following: (1) Section 22714. (2) Section 22715. (3) Section 22717, except as provided in subdivision (c) of Section 22121. (4) Section 22717.5. (c) For purposes of establishing eligibility for the increased allowance pursuant to this section only, credited service shall include credited service that a court has ordered be awarded to a nonmember spouse pursuant to Section 22652. A nonmember spouse shall also be eligible for the increased allowance pursuant to this section if the member had 30 or more years of credited service on the date the parties separated, as established in the judgment or court order pursuant to Section 22652. (d) Nonqualified service credit for which contributions pursuant to Section 22826 were made in a lump sum on or after January 1, 2000, or for which the first installment was made on or after January 1, 2000, may not be included in determining the eligibility for an increased allowance pursuant to this section. (Amended by Stats. 2014, Ch. 755, Sec. 31. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24203.6. Source version: id_1bea9580-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) In addition to the amount otherwise payable pursuant to Section 24202.5, 24203, 24203.5, 24205, 24209, 24209.3, 24210, 24211, 24212, or 24213, a member shall receive an increase in the monthly allowance, prior to any modification pursuant to Sections 24300, 24300.1, and 24309, in the amount identified in subdivision (b), if the member meets all of the following criteria: (1) The member retires for service on or after January 1, 2001. (2) Prior to January 1, 2011, the member has 30 or more years of credited service, including any credited service that a court has ordered be awarded to a nonmember spouse pursuant to Section 22652, but excluding service credited pursuant to the following: (A) Section 22714. (B) Section 22715. (C) Section 22717, except as provided in subdivision (c) of Section 22121. (D) Section 22717.5. (E) Section 22826. (3) The member is receiving an allowance subject to Section 24203.5. (b) The amount of the increase in the monthly allowance shall be based on the member’s years of credited service at the time of retirement as follows: 30 years of credited service ........................ $200 31 years of credited service ........................ $300 32 or more years of credited service ........................ $400 (c) This section also applies to a nonmember spouse, if all of the following conditions are satisfied: (1) The member is eligible for the allowance increase pursuant to subdivisions (a) and (b) upon his or her retirement for service. (2) On the date the parties separated, as established in the judgment or court order pursuant to Section 22652, the member had at least 30 years of credited service, excluding service credited pursuant to the following: (A) Section 22714. (B) Section 22715. (C) Section 22717, except as provided in subdivision (c) of Section 22121. (D) Section 22717.5. (E) Section 22826. (3) The service credit of the member was divided into separate accounts in the name of the member and the nonmember spouse by a court pursuant to Section 22652. The amount identified in the schedule in subdivision (b) and payable pursuant to this section, that is based on the service credited during the marriage, shall be divided and paid to the member and the nonmember spouse proportionately according to the respective percentages of the member’s service credit that were allocated to the member and the nonmember spouse in the court’s order. (d) The allowance increase provided under this section is not subject to Sections 24415 and 24417, but is subject to Section 22140. (Amended by Stats. 2014, Ch. 755, Sec. 32. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24203.8. Source version: id_6fb874a9-0c8e-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) For purposes of determining the allowance payable to a member employed by a community college prior to July 1, 1996, full time shall be defined pursuant to Section 22138.5 and pursuant to Section 20521 of Title 5 of the California Code of Regulations, as those provisions read on June 30, 1996, if application of that definition will increase the allowance payable to the member. (b) For purposes of administering this section, the board shall have the authority to do both of the following: (1) Establish and implement factors and assumptions necessary to calculate and compare the benefits payable to an eligible member. Those factors and assumptions may be based on information reported by the employer, including, but not limited to, all of the following: (A) Base hours. (B) Actual earnings. (C) Annualized pay rate. (2) Review calculations that were performed using the factors and assumptions described in paragraph (1). If the board determines that an employer failed to identify part-time service performed, the board shall consider that part-time service to be performed in a part-time lecture assignment as defined by the employer. If the board determines that the required information reported by the employer is inaccurate, incomplete, or the factors and assumptions were applied incorrectly, the board may recalculate the allowance payable to a member using additional factors and assumptions that may include, but are not limited to, all of the following: (A) Base hours. (B) Actual earnings. (C) Annualized pay rate. (c) This section shall apply to a member employed by a community college prior to July 1, 1996, if the community college subsequently acts to reduce the minimum standard for full time as described in subdivision (c) of Section 22138.5 for the class of employees, and that community college provides written notice to the system of the act of the community college to reduce that minimum standard. (d) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Added by Stats. 2019, Ch. 96, Sec. 17. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24204. Source version: id_b51897af-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A service retirement allowance under this part shall become effective upon any date designated by the member, provided all of the following conditions are met: (1) An application for service retirement allowance is filed on a form provided by the system, which is executed no earlier than six months before the effective date of retirement allowance. (2) The effective date of a member who files an application for retirement pursuant to Section 24201 is no earlier than 270 calendar days prior to when the application for service retirement is received by the system. (3) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3. (4) The effective date is no earlier than one day after the date on which the retirement allowance was terminated under Section 24208. (5) The effective date is no earlier than one year following the date on which the retirement allowance was terminated under subdivision (a) of Section 24117. (6) The effective date is no earlier than the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent. (7) The effective date is no earlier than one day after the date upon which the member completes payment of a service credit purchase pursuant to Section 22801, 22820, or 22826, or payment of a redeposit of contributions pursuant to Section 23200, except as provided in Section 22801 or 22829. (b) A member who files an application for service retirement may change or cancel their retirement application if all of the following are met: (1) The form provided by the system is received by the system no later than 30 days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system. (2) The member returns the total gross distribution amount of all payments for any canceled benefit, including a lump-sum payment being changed to an annuity, to the system no later than 45 days from the date of the member’s initial benefit payment. The member shall be liable for any adverse tax consequences that may result from these actions. (c) Nothing in this section shall be construed to allow a member to receive more than one type of retirement or disability allowance for the same period of time by virtue of the member’s own membership. (d) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the website of the system no later than January 1, 2026. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 708, Sec. 4. (SB 327) Effective January 1, 2024. Operative on the date prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24205. Source version: id_28264c44-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= A member retiring prior to 60 years of age, and who has attained 55 years of age, may elect to receive one-half of the service retirement allowance for normal retirement age for a limited time and then revert to the full retirement allowance for normal retirement age. (a) The retirement allowance shall be based on service credit and final compensation as of the date of retirement for service and shall be calculated with the factor for normal retirement age. (b) If the member elects a joint and survivor option under Section 24300 or 24300.1, the actuarial reduction shall be based on the member’s and beneficiary’s ages as of the effective date of the early retirement. If the member elected a preretirement option under Section 24307, the actuarial reduction shall be based on the member’s and beneficiary’s ages as determined by the provisions of that section. (c) One-half of the retirement allowance as of 60 years of age shall be paid for a period of time equal to twice the elapsed time between the effective date of retirement and the date of the retired member’s 60th birthday. (d) The full retirement allowance as calculated under subdivision (a) or (b) shall begin to accrue as of the first of the month following the reduction period as specified in subdivision (c). The full retirement allowance shall not begin to accrue prior to this time under any circumstances, including, but not limited to, divorce or death of the named beneficiary. (e) The annual improvement factor provided for in Sections 22140 and 22141 shall be based upon the retirement allowance as calculated under subdivision (a) or (b). The improvement factor shall begin to accrue on September 1 following the retired member’s 60th birthday. These increases shall be accumulated and shall become payable when the full retirement allowance for normal retirement age first becomes payable. (f) Any ad hoc benefit increase with an effective date prior to the retired member’s 60th birthday shall not affect an allowance payable under this section. Only those ad hoc improvements with effective dates on or after the retired member’s 60th birthday shall be accrued and accumulated and shall first become payable when the full retirement allowance for normal retirement age becomes payable. (g) The cancellation of an option election in accordance with Section 24322 shall not cancel the election under this section. Upon cancellation of the joint and survivor option, one-half of the retired member’s retirement allowance as calculated under subdivision (a) shall become payable for the balance of the reduction period specified in subdivision (c). (h) If a retired member who has elected a joint and survivor option dies during the period when the reduced allowance is payable, the beneficiary shall receive one-half of the allowance payable to the beneficiary until the date when the retired member would have received the full retirement allowance for normal retirement age. At that time, the beneficiary’s allowance shall be increased to the full amount payable to the beneficiary plus the appropriate annual improvement factor increases and ad hoc increases. (i) This section shall not apply to a member who retires for service pursuant to Section 24201.5, 24209, 24209.3, 24210, 24211, or 24212. (j) This section shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2014, Ch. 755, Sec. 34. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24206. Source version: id_8a628ada-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= The minimum unmodified allowance for service retirement under the Defined Benefit Program, exclusive of annuities payable from accumulated annuity deposit contributions and exclusive of the balance of credits in the member’s Defined Benefit Supplement account, shall not be less than ten dollars ($10) per month multiplied by the member’s years of credited service. This guaranteed amount shall be reduced by the amount of an unmodified allowance payable from a local system based on service credited under the Defined Benefit Program. If the retirement is effective at less than normal retirement age this allowance shall be reduced by one-half of 1 percent for each full month or fraction of a month that will elapse until the member would have reached normal retirement age. (Amended by Stats. 2013, Ch. 559, Sec. 25. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24207. Source version: id_d13724ba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= If a retired member terminates a service retirement allowance and subsequently retires under this part, the minimum retirement allowance shall be the allowance provided by Section 24206. (Amended by Stats. 1998, Ch. 965, Sec. 184. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24208. Source version: id_38c21996-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member retired for service under this part may terminate the retirement allowance payable under this part and applicable to his or her credited service upon written request to the system effective upon a date designated by the member, subject to the following conditions: (1) The request for termination of the retirement allowance is filed on a form provided by the system, and the form is executed no earlier than six months before the effective date of the termination. (2) The effective date of the termination of the retirement allowance is no earlier than the first day of the month in which the request for termination is received in the system’s headquarters office or no earlier than one day after the benefit effective date of the most recent retirement, whichever is later. (b) A member who files a request for termination of the retirement allowance may cancel or change the termination upon written request to the system. The request for cancellation or change must be on a form provided by the system and shall be received in the system’s headquarters office no later than the last day of the month in which the request for termination to be canceled or changed is effective. (c) A member whose retirement allowance is terminated pursuant to this section may apply for retirement pursuant to Section 24209 or Section 24209.3, in accordance with Section 24204. (d) A member whose retirement allowance is terminated pursuant to this section may not file a preretirement election of an option pursuant to Section 24307 within one year of reinstatement that elects either a different option or a different beneficiary or set of beneficiaries, or both, than were in effect at the time the retirement allowance was terminated. (e) A member whose retirement allowance is terminated pursuant to this section and retires pursuant to Section 24209 with a benefit effective date within one year of reinstatement shall elect the same option and beneficiary or beneficiaries that were in effect at the time the retirement allowance was terminated. (Amended by Stats. 2017, Ch. 298, Sec. 12. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24209. Source version: id_93a3dee7-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) Upon retirement for service following reinstatement, the member shall receive a service retirement allowance equal to the sum of both of the following: (1) An amount equal to the monthly allowance the member was eligible to receive immediately preceding the most recent reinstatement, exclusive of any amounts payable pursuant to Section 22714 or 22715, increased by the improvement factor that would have been applied to the allowance if the member had not reinstated. (2) An amount calculated pursuant to Section 24202, 24202.5, 24202.6, 24203, 24203.5, or 24206 based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (b) If the total amount of credited service accrued, other than that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in paragraphs (1), for members who initially retired on or after January 1, 1999, and (2) of subdivision (a) shall be calculated pursuant to Section 24203.5. (c) If the total amount of credited service accrued, other than that accrued pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, upon retirement for service following reinstatement, a member who retired pursuant to Section 24213, and received the terminated disability allowance for the prior retirement, shall receive a service retirement allowance equal to the sum of the following: (1) An amount based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability allowance, the member’s age at the prior retirement increased by the factor provided in Section 24203.5, and projected final compensation. (2) An amount calculated pursuant to Section 24202, 24202.5, 24202.6, 24203.5, or 24206 based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the reinstatement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (d) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8. (Amended by Stats. 2019, Ch. 96, Sec. 18. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24209.3. Source version: id_9e9932f9-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) Notwithstanding subdivision (a) of Section 24209, and exclusive of any amounts payable during the prior retirement for service pursuant to Section 22714, or 22715: (1) A member who retired, other than pursuant to Section 24210, 24211, 24212, or 24213, and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (A) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the most recent reinstatement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation. (B) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (2) A member who retired pursuant to Section 24210 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (A) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability retirement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and indexed final compensation to the effective date of the initial service retirement. (B) An amount calculated pursuant to this chapter based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, after termination of the disability retirement, excluding credited service accrued or granted subsequent to the most recent reinstatement, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation. (C) An amount calculated pursuant to this chapter based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, subsequent to the most recent reinstatement, using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (3) A member who retired pursuant to Section 24211 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (A) The greater of (i) the disability allowance the member was eligible to receive immediately prior to termination of that allowance, excluding the children’s portion, or (ii) an amount calculated pursuant to this chapter based on credited service accrued prior to the effective date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation earnable, or a combination of both. (B) An amount equal to either of the following: (i) For a member who was receiving a benefit pursuant to subdivision (a) of Section 24211, an amount calculated pursuant to this chapter based on credited service accrued at the time of the retirement pursuant to Section 24211, excluding credited service accrued or granted prior to the effective date of the disability allowance or pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (ii) For a member who was receiving a benefit pursuant to subdivision (b) of Section 24211, an amount calculated pursuant to this chapter based on projected service at the time of the retirement pursuant to Section 24211, excluding credited service accrued or granted prior to the effective date of the disability allowance or pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (C) An amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), at the time of the retirement pursuant to Section 24211, using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (D) An amount calculated pursuant to this chapter based on credited service accrued subsequent to the most recent reinstatement, including credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (4) A member who retired pursuant to Section 24212 or 24213 and who reinstates and performs creditable service, as defined in Section 22119.5, after the most recent reinstatement, in an amount equal to two or more years of credited service, shall, upon retirement for service on or after the effective date of this section, receive a service retirement allowance equal to the sum of the following: (A) An amount calculated pursuant to this chapter based on the member’s projected service at the time of the retirement pursuant to Section 24212 or 24213, including credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age at the subsequent service retirement, from which age shall be deducted the total time during which the member was retired for service, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (B) An amount calculated pursuant to this chapter based on credited service accrued subsequent to the most recent reinstatement, including credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), using the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (b) If the total amount of credited service, other than projected service, or service that accrued or was granted pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than the number of years required to be eligible for an increased allowance pursuant to this chapter or Section 22134.5, the amounts identified in this section shall be calculated pursuant to the section authorizing the increased benefit. (c) For members receiving an allowance pursuant to Section 24410.5 or 24410.6, the amount payable pursuant to this section shall not be less than the amount payable to the member as of the effective date of reinstatement. (d) The amount payable pursuant to this section shall not be less than the amount that would be payable to the member pursuant to Section 24209. (e) For purposes of determining an allowance increase pursuant to Sections 24415 and 24417, the calendar year of retirement shall be the year of the subsequent retirement if the final compensation used to calculate the allowance pursuant to this section is higher than the final compensation used to calculate the allowance for the prior retirement. (f) The allowance paid pursuant to this section to a member receiving a lump-sum payment pursuant to Section 24221 shall be actuarially reduced to reflect that lump-sum payment. (g) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8. (Amended by Stats. 2019, Ch. 96, Sec. 19. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24210. Source version: id_5ebb8e83-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= Upon retirement for service following a prior disability retirement granted pursuant to Chapter 26 (commencing with Section 24100) that was terminated, the member shall receive a service retirement allowance calculated pursuant to Section 24202, 24202.5, 24202.6, 24203, 24203.5, 24203.6, or 24206 and equal to the sum of both of the following: (a) An amount based on credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, prior to the effective date of the disability retirement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and indexed final compensation to the effective date of the service retirement. (b) An amount based on the credited service accrued, including any service granted pursuant to Section 22717 or 22717.5, after termination of the disability retirement, the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation. (Amended by Stats. 2015, Ch. 123, Sec. 20. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24211. Source version: id_a981dcdb-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= When a member who has been granted a disability allowance under this part after June 30, 1972, returns to employment subject to coverage under the Defined Benefit Program and performs: (a) Less than three years of creditable service after termination of the most recent disability allowance, the member shall receive a retirement allowance which is the sum of the allowance calculated on credited service accrued after the termination date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the age of the member on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable or projected final compensation, or a combination of both, plus the greater of either of the following: (1) A service retirement allowance calculated on credited service accrued as of the effective date of the disability allowance, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and projected final compensation to the termination date of the disability allowance. (2) The disability allowance the member was eligible to receive immediately prior to termination of the most recent disability allowance, excluding children’s portions. (b) Three or more years of creditable service after termination of the most recent disability allowance, the member shall receive a retirement allowance that is the greater of the following: (1) A service retirement allowance calculated on all actual and projected service, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (2) The disability allowance the member was eligible to receive immediately prior to termination of the most recent disability allowance, excluding children’s portions. (c) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22714, 22715, 22717, or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (d) If the total amount of credited service, other than projected service or credited service that accrued or was granted pursuant to Sections 22714, 22715, 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) to (c), inclusive, shall be calculated pursuant to Sections 24203.5 and 24203.6. (e) Benefits calculated pursuant to this section shall not take into consideration the benefit comparison described in Section 24203.8. (f) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part. (Amended by Stats. 2019, Ch. 96, Sec. 20. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24212. Source version: id_65dc838c-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) If a disability allowance granted under this part after June 30, 1972, is terminated for reasons other than those specified in Section 24213 and the member does not return to employment subject to coverage under the Defined Benefit Program, the member’s service retirement allowance, when payable, shall be based on projected service, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820), or Chapter 19 (commencing with Section 23200), projected final compensation, and the member’s age on the last day of the month in which the retirement allowance begins to accrue. The allowance payable under this section, excluding annuities payable from accumulated annuity deposit contributions, shall not be greater than the disability allowance the member was eligible to receive immediately prior to the earlier of the termination of that allowance or at normal retirement age, excluding children’s portions. (b) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and final compensation using compensation earnable, or projected final compensation, or a combination of both. (c) If the total amount of credited service, other than projected service or credited service that accrued or was granted pursuant to Sections 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) and (b) shall be calculated pursuant to Sections 24203.5 and 24203.6. (d) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part. (Amended by Stats. 2016, Ch. 218, Sec. 33. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24213. Source version: id_97a220df-fccd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) On the date a member who has been granted a disability allowance under this part after June 30, 1972, attains normal retirement age, or if the member has an eligible dependent child, on the date the last dependent child becomes ineligible, whichever is later, the disability allowance shall be terminated and the member shall be eligible for service retirement. The service retirement allowance shall be calculated on the projected final compensation and projected service to normal retirement age, excluding credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), and the member’s age on the last day of the month in which the service retirement allowance begins to accrue. The allowance payable under this section, excluding annuities payable from accumulated annuity deposit contributions, shall not be greater than the disability allowance the member was eligible to receive immediately prior to normal retirement age, excluding children’s portions. (b) The allowance shall be increased by an amount based on any credited service accrued or granted pursuant to Section 22717 or 22717.5 or Chapter 14 (commencing with Section 22800) or Chapter 14.2 (commencing with Section 22820) or Chapter 19 (commencing with Section 23200), the member’s age on the last day of the month in which the retirement allowance begins to accrue, and projected final compensation to normal retirement age. (c) If the total amount of credited service accrued, other than projected service or credited service that accrued or was granted pursuant to Sections 22717, 22717.5, and 22826, except as provided in subdivision (c) of Section 22121, is equal to or greater than 30 years, the amounts identified in subdivisions (a) and (b) shall be calculated pursuant to Sections 24203.5 and 24203.6. (d) Upon retirement, the member may elect to modify the service retirement allowance payable in accordance with any option provided under this part. (Amended by Stats. 2018, Ch. 416, Sec. 16. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24214. Source version: id_281a945b-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member retired for service under this part may perform retired member activities, but the member shall not make contributions to the retirement fund or accrue service credit based on compensation earned from that service. The employer shall maintain accurate records of the earnings of the retired member and report those earnings monthly to the system and retired member as described in Section 22461. (b) If a member is retired for service under this part, the annualized rate of pay for retired member activities performed by that member shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties. (c) A member retired for service under this part shall not be required to reinstate for performing retired member activities. (d) A member retired for service under this part may earn compensation for performing retired member activities in any one school year up to the limitation specified in subdivision (f) without a reduction in their retirement allowance. (e) The postretirement compensation limitation provisions set forth in this section are not applicable to compensation earned for the performance of retired member activities that are not wholly or in part supported by state, local, or federal funds. (f) (1) The limitation that shall apply to the compensation paid in cash to the retired member for performance of retired member activities, excluding reimbursements paid by an employer for expenses incurred by the member in which payment of the expenses by the member is substantiated, shall, in any one school year, be an amount calculated by the system each July 1 equal to one-half of the median final compensation of all members who retired for service during the fiscal year ending in the previous calendar year. (2) For written agreements pertaining to the performance of retired member activities entered into, extended, renewed, or amended on or after January 1, 2014, the limitation in paragraph (1) shall also apply to payments made for the performance of retired member activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer. (g) If a member retired for service under this part earns compensation for performing retired member activities, in excess of the limitation specified in subdivision (f), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the annual allowance payable under this part for the fiscal year in which the excess compensation was earned after any reduction made in accordance with subdivision (h) of Section 24214.5. (h) The language of this section derived from the amendments to the section of this number added by Chapter 394 of the Statutes of 1995, enacted during the 1995–96 Regular Session, is deemed to have become operative on July 1, 1996. (i) This section shall become inoperative on July 1, 2024, and shall become operative on July 1, 2026. (Amended by Stats. 2023, Ch. 885, Sec. 2. (SB 765) Effective January 1, 2024. Inoperative on July 1, 2024, and will resume operation on July 1, 2026, by its own provisions. See later operative version added by Sec. 3 of Stats. 2023, Ch. 885.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24214. Source version: id_b8dbe141-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member retired for service under this part may perform retired member activities, but the member shall not make contributions to the retirement fund or accrue service credit based on compensation earned from that service. The employer shall maintain accurate records of the earnings of the retired member and report those earnings monthly to the system and retired member as described in Section 22461. (b) If a member is retired for service under this part, the annualized rate of pay for retired member activities performed by that member shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties. (c) A member retired for service under this part shall not be required to reinstate for performing retired member activities. (d) A member retired for service under this part may earn compensation for performing retired member activities in any one school year up to the limitation specified in subdivision (f) without a reduction in the member’s retirement allowance. (e) The postretirement compensation limitation provisions set forth in this section are not applicable to compensation earned for the performance of retired member activities that are not wholly or in part supported by state, local, or federal funds. (f) (1) The limitation that shall apply to the compensation paid in cash to the retired member for performance of retired member activities, excluding reimbursements paid by an employer for expenses incurred by the member in which payment of the expenses by the member is substantiated, shall, in any one school year, be an amount calculated by the system each July 1 equal to 70 percent of the median final compensation of all members who retired for service during the fiscal year ending in the previous calendar year. (2) For written agreements pertaining to the performance of retired member activities entered into, extended, renewed, or amended on or after January 1, 2014, the limitation in paragraph (1) shall also apply to payments made for the performance of retired member activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer. (g) If a member retired for service under this part earns compensation for performing retired member activities, in excess of the limitation specified in subdivision (f), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the annual allowance payable under this part for the fiscal year in which the excess compensation was earned after any reduction made in accordance with subdivision (h) of Section 24214.5. (h) The language of this section derived from the amendments to the section of this number added by Chapter 394 of the Statutes of 1995, enacted during the 1995–96 Regular Session, is deemed to have become operative on July 1, 1996. (i) This section shall become operative on July 1, 2024. This section shall become inoperative as of July 1, 2026, and as of January 1, 2027, is repealed. (Added by Stats. 2023, Ch. 885, Sec. 3. (SB 765) Effective January 1, 2024. Operative July 1, 2024, by its own provisions. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24214.5. Source version: id_2aeca01d-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) (1) Notwithstanding subdivision (f) of Section 24214, the postretirement compensation limitation that shall apply to the compensation paid in cash to the retired member for performance of retired member activities, excluding reimbursements paid by an employer for expenses incurred by the member in which payment of the expenses by the member is substantiated, shall be zero dollars ($0) during the first 180 calendar days after the most recent retirement of a member retired for service under this part. (2) For written agreements pertaining to the performance of retired member activities entered into, extended, renewed, or amended on or after January 1, 2014, the limitation in paragraph (1) shall also apply to payments made for the performance of retired member activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer. (b) If the retired member has attained normal retirement age at the time the compensation is earned, subdivision (a) shall not apply and Section 24214 shall apply if the appointment has been approved by the governing body of the employer in a public meeting, as reflected in a resolution adopted by the governing body of the employer prior to the performance of retired member activities, expressing its intent to seek an exemption from the limitation specified in subdivision (a). Approval of the appointment may not be placed on a consent calendar. Notwithstanding any other provision of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code or any state or federal law incorporated by Section 7927.705 of the Government Code, the resolution shall be subject to disclosure by the entity adopting the resolution and the system. The resolution shall include the following specific information and findings: (1) The nature of the employment. (2) A finding that the appointment is necessary to fill a critically needed position before 180 calendar days have passed. (3) A finding that the member is not ineligible for application of this subdivision pursuant to subdivision (d). (4) A finding that the termination of employment of the retired member with the employer is not the basis for the need to acquire the services of the member. (c) Subdivision (b) shall not apply to a retired member whose termination of employment with the employer is the basis for the need to acquire the services of the member. (d) Subdivision (b) shall not apply if the retired member received additional service credit pursuant to Section 22714 or 22715 or received from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the participant retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislature’s intent to make subdivision (b) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer. (e) The Superintendent, the county superintendent of schools, or the chief executive officer of a community college shall submit all documentation required by the system to substantiate the eligibility of the retired member for application of subdivision (b), including, but not limited to, the resolution adopted pursuant to that subdivision. (f) The documentation required by this section shall be received by the system prior to the retired member’s performance of retired member activities. (g) Within 30 calendar days after the receipt of all documentation required by the system pursuant to this section, the system shall inform the entity seeking application of the exemption specified in subdivision (b), and the retired member whether the compensation paid to the member will be subject to the limitation specified in subdivision (a). (h) If a member retired for service under this part earns compensation for performing retired member activities in excess of the limitation specified in subdivision (a), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the allowance payable during the first 180 calendar days, after a member retired for service under this part. (i) The amendments to this section enacted during the first year of the 2013–14 Regular Session shall apply to compensation paid on or after January 1, 2014. (j) This section shall become inoperative on July 1, 2024, and shall become operative on July 1, 2026. (Amended by Stats. 2023, Ch. 885, Sec. 4. (SB 765) Effective January 1, 2024. Inoperative on July 1, 2024, and will resume operation on July 1, 2026, by its own provisions. See later operative version added by Sec. 5 of Stats. 2023, Ch. 885.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24214.5. Source version: id_bc2b8173-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) (1) Notwithstanding subdivision (f) of Section 24214, the postretirement compensation limitation that shall apply to the compensation paid in cash to the retired member for performance of retired member activities, excluding reimbursements paid by an employer for expenses incurred by the member in which payment of the expenses by the member is substantiated, shall be zero dollars ($0) during the first 180 calendar days after the most recent retirement of a member retired for service under this part. (2) For written agreements pertaining to the performance of retired member activities entered into, extended, renewed, or amended on or after January 1, 2014, the limitation in paragraph (1) shall also apply to payments made for the performance of retired member activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer. (b) Subdivision (a) shall not apply and Section 24214 shall apply if the Superintendent, the county superintendent of schools, or the chief executive officer of a community college submits a request for exemption to the system with certification, under penalty of perjury, of the following: (1) The nature of the employment. (2) That the appointment is necessary to fill a critically needed position before 180 calendar days have passed. (3) That the member is not ineligible for application of this subdivision pursuant to subdivision (d). (4) That the termination of employment of the retired member with the employer is not the basis for the need to acquire the services of the member. (5) That the employer did not have a reduction-in-force layoff pursuant to Section 45117, 44955, or 44955.5, or pursuant to any other similar state law authorizing the termination of its employees, within the prior 18 months. (c) The Superintendent, a county superintendent of schools, or a chief executive officer of a community college district shall provide a written copy or written copies of the completed documentation required by this section submitted to the system pursuant to subdivision (b) that substantiates the need for the exemption to the exclusive representative of employees prior to the retired member’s performance of retired member activities. (d) Subdivision (b) shall not apply to a retired member if any of the following conditions exist: (1) The member has not attained normal retirement age at the time the compensation is earned. (2) The member’s termination of employment with the employer is the basis for the need to acquire the services of the member. (3) The member received additional service credit pursuant to Section 22714 or 22715 or received from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall liberally interpret this paragraph to further the Legislature’s intent to make subdivision (b) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer. (e) The completed documentation required by this section shall be received by the system prior to the retired member’s performance of retired member activities. (f) Within 30 calendar days after the receipt of all documentation required by the system pursuant to this section, the system shall inform the entity seeking application of the exemption specified in subdivision (b), and the retired member whether the compensation paid to the member will be subject to the limitation specified in subdivision (a). (g) If a member retired for service under this part earns compensation for performing retired member activities in excess of the limitation specified in subdivision (a), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the allowance payable during the first 180 calendar days, after a member retired for service under this part. (h) On or before February 1, 2027, the board shall submit to the Assembly Committee on Public Employment and Retirement and the Senate Committee on Labor, Public Employment and Retirement a report that includes, but is not limited to, the following information by school year: (1) The total number of requests received by the system from the Superintendent, a county superintendent, or a chief executive officer of a community college for the exemption pursuant to subdivision (b) from July 1, 2024, to June 30, 2026, inclusive. (2) The total number of retired members who performed retired member activities with an exemption pursuant to subdivision (b) from July 1, 2024, to June 30, 2026, inclusive. (3) The total number of retired members who performed retired member activities from July 1, 2024, to June 30, 2026, inclusive. (4) The total number of retired members who exceeded the limitation in paragraph (1) of subdivision (f) of Section 24214 that is operative from July 1, 2024, to June 30, 2026, inclusive. (5) The compensation or remuneration paid to each retired member who performed retired member activities from July 1, 2024, to June 30, 2026, inclusive. (i) The amendments to this section enacted during the first year of the 2013–14 Regular Session shall apply to compensation paid on or after January 1, 2014. (j) This section shall become operative on July 1, 2024. This section shall become inoperative as of July 1, 2026, and as of January 1, 2027, is repealed. (Added by Stats. 2023, Ch. 885, Sec. 5. (SB 765) Effective January 1, 2024. Operative July 1, 2024, by its own provisions. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24215. Source version: id_d13bb8ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= A member retired for service under this part whose last employment was in the California State University, as a member of the Defined Benefit Program or the Public Employees’ Retirement System, may serve as a member of the teaching staff of the California State University and shall be subject to the employment limitations as provided by the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code). (Amended by Stats. 1998, Ch. 965, Sec. 192. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24217. Source version: id_d13d3f56-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= A person who was a member under this part on June 30, 1972, and had five or more years of service and who had attained age 55 years, shall have the option of receiving the allowance payable under Section 14245, as it read on that date in lieu of the allowance payable under subdivision (a) of Section 24202. (Amended by Stats. 1998, Ch. 965, Sec. 195. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24218. Source version: id_d13d3f58-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= For the purpose of calculating retirement allowances, credit for service performed between June 30, 1956, and July 1, 1968, on a part-time basis in each school year shall be based on the ratio that service performed bears to the minimum full-time service required for credit for a year of service. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24219. Source version: id_12d172a7-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= Members who were retired under a previously existing local teachers’ retirement system or the San Francisco Employees’ Retirement System prior to July 1, 1972, who have not retired under this part for the local system service performed prior to July 1, 1972, shall have that portion of the retirement allowance computed under the law in effect on June 30, 1972, whenever they retire in the future. (Amended by Stats. 2005, Ch. 351, Sec. 26. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27. Service Retirement [24201 - 24221] SECTION 24221. Source version: id_af18d10c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.&article= (a) A member who retires for service prior to January 1, 2011, may elect, on a form prescribed by the system, to receive a lump-sum payment and an actuarially reduced monthly allowance pursuant to this section in lieu of the monthly unmodified allowance that would otherwise be payable to the member pursuant to this chapter. The election under this section shall be made at the time the member files his or her application for service retirement allowance as provided in Section 24204. (b) A member who makes the election described in subdivision (a) shall receive a one-time, lump-sum payment in an amount that equals or does not exceed the lesser of the following amounts: (1) The actuarial present value of the amount by which (A) the monthly unmodified allowance payable to the member pursuant to this chapter exceeds (B) an amount equal to 2 percent of the member’s final compensation multiplied by the number of years of credited service and divided by 12. (2) Fifteen percent of the actuarial present value of the monthly unmodified allowance payable to the member under this chapter. (c) Notwithstanding any other provision of this part, a member who makes the election described in subdivision (a) shall receive a monthly unmodified allowance, pursuant to this chapter, that shall be actuarially reduced to reflect the lump-sum amount paid under subdivision (b). The actuarial reduced unmodified allowance may be modified pursuant to Section 24300 or 24300.1. (d) A member may not apply a lump-sum payment made pursuant to this section for the purposes of redepositing previously refunded retirement contributions pursuant to Chapter 19 (commencing with Section 23200) or purchasing service credit pursuant to Chapter 14 (commencing with Section 22800), Chapter 14.2 (commencing with Section 22820) or Chapter 14.5 (commencing with Section 22850). The Legislature hereby finds and declares that if a member who elects to receive a partial lump-sum payment also elects to redeposit previously refunded retirement contributions or purchase service credit as a result of the receipt of the lump-sum payment, the Defined Benefit Program may experience a net actuarial impact. (e) An election pursuant to subdivision (a) may have no net actuarial impact to the Defined Benefit Program. The board shall adopt present value factors to establish a corresponding actuarially reduced monthly allowance, that results in no net actuarial impact to the Defined Benefit Program. The Legislature reserves the right to modify the provisions of this section to further the objective of permitting eligible members to receive a lump-sum distribution of a portion of their benefits, with a corresponding actuarial reduction in their monthly allowance, so that there is no net actuarial impact to the Defined Benefit Program. (f) This section shall not apply to a member who retires for service pursuant to Section 24201.5. (Amended by Stats. 2007, Ch. 332, Sec. 5. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] SECTION 24250. Source version: id_d1404ca0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.5.&article= It is the intent of the Legislature in repealing Sections 22316 and 22317 and adding Section 24275 to revoke the election made on behalf of the plan under Section 415(b)(10) of the Internal Revenue Code of 1986 and to provide for restoration of benefits pursuant to Section 24275. (Added by Stats. 1999, Ch. 465, Sec. 5. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] SECTION 24252. Source version: id_6e45898e-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.5.&article= This chapter shall not apply to a member subject to the California Public Employees’ Pension Reform Act of 2013. (Added by Stats. 2013, Ch. 559, Sec. 31. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] SECTION 24255. Source version: id_d1404ca2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.5.&article= (a) There is in the State Treasury a trust fund to be known as the Teachers’ Replacement Benefits Program Fund. There shall be deposited directly in that fund, and not transferred from the Teachers’ Retirement Fund, that portion of employer contributions determined by the board as necessary to fund the replacement benefits program. (b) Notwithstanding Section 13340 of the Government Code, moneys in the Teachers’ Replacement Benefits Program Fund are continuously appropriated without regard to fiscal years to pay benefits to members and beneficiaries of the Defined Benefit Program, and to pay related administrative expenses. (c) The board may authorize the transfer and disbursement of funds from the Teachers’ Replacement Benefits Program Fund for the purpose of carrying into effect this chapter upon the signature of either or both of its chairperson and vice chairperson or the chief executive officer or any employee of the system designated by the chief executive officer. (d) Disbursements of money from the Teachers’ Replacement Benefits Program Fund of whatever nature shall be made upon claims duly audited in the manner prescribed for the disbursement of other public funds except that, notwithstanding the foregoing, disbursements may be made to return funds deposited in the fund in error. (Amended by Stats. 2001, Ch. 803, Sec. 18. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] SECTION 24260. Source version: id_d1404ca4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.5.&article= (a) A replacement benefits program is hereby established under this chapter for the exclusive purpose of providing to members or their beneficiaries in accordance with subdivisions (c) and (d) that portion of the annual benefit of the member or the member’s beneficiaries otherwise payable under the provisions of this part that exceeds the limitations on the dollar amount of annual benefit under Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415) as applicable to a governmental plan, as defined in subdivision (d) of Section 414. (b) The replacement benefits program established by this chapter is intended to comply with the provisions of Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(m)). (c) In any case in which (1) the annual benefit of the member or the member’s beneficiaries for the calendar year otherwise payable under the terms of this part, as measured under the provisions of Section 415(b)(2) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(b)(2)) and adjusted to exclude the portion of the annual benefit attributable to employee contributions that are not “picked up” under Section 414(h)(2) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(h)(2)) or attributable to rollover contributions described in Section 415(b)(2) of the Internal Revenue Code of 1986, exceeds (2) the limitation on the dollar amount of an annual benefit applicable for the calendar year under Section 415(b)(1)(A) or subdivision (e) as applicable to a governmental plan, as defined in Section 414(d) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 414(d)), the amount of the portion of the annual benefit shall be paid to the member or the member’s beneficiaries under the replacement benefit program in the manner described in subdivision (d). In no event shall the portion of the annual benefit from the replacement benefits program be payable from the assets of the Teachers’ Retirement Fund. In no event shall the replacement benefits program provide to the member or the member’s beneficiaries, directly or indirectly, any election to defer compensation. (d) Any portion of the annual benefit of a member or the member’s beneficiaries for the year described in subdivision (c) shall be payable, at the same time and in the same form as the remainder of the annual benefit and subject to the terms and conditions of this part except as otherwise provided under this section, from the proceeds of the employer contributions due under Section 22950, and, notwithstanding Section 22956, prior to the deposit of those employer contributions in the State Treasury to the Teachers’ Retirement Fund. Upon receipt of the warrants for the employer contributions as described in Section 23001, the board shall retain and place in the Teachers’ Replacement Benefits Program Fund only the amounts of employer contributions as are necessary for the exclusive purpose of paying currently the monthly installment next due of the portion of the annual benefit payable from the replacement benefits program to the member or the member’s beneficiaries as well as any administrative expenses associated with the replacement benefits program. Amounts shall not be accumulated in the Teachers’ Replacement Benefits Program Fund for the payment of future benefits, and a member or the member’s beneficiaries who are to receive the portion of his or her annual benefit under the replacement benefits program shall have no entitlement to amounts in the Teachers’ Replacement Benefits Program Fund until distributed to him or her as a benefit. (e) The portion of the annual benefit payable under the replacement benefits program shall be subject to withholding for any applicable income or employment taxes. (f) The administrative expenses of the replacement benefits program may include the employer portion of the Medicare payroll tax on the replacement benefits program payments of a retired member who is required to contribute to Medicare. The employee portion of the Medicare payroll tax on the replacement benefits program payments to retired members in this program who are required to contribute to Medicare shall be withheld from the replacement benefits program payments to the retired member. (g) The board may by plan amendment amend the terms of the replacement benefits program established under this section as appropriate to comply with applicable federal or state law. (h) All references to sections of the Internal Revenue Code of 1986 are to those sections as are amended from time to time or their successor sections. (Amended by Stats. 2001, Ch. 803, Sec. 19. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] SECTION 24270. Source version: id_d1404ca6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.5.&article= In the case of any member or member’s beneficiaries whose annual benefit otherwise payable under the provisions of this part has been reduced for any year by reason of application of the 100 percent of compensation limitation on benefits under Section 415(b)(1)(B) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415(b)(1)(B)) the reduced annual benefit shall be restored to its full amount otherwise payable for that year. In the case of restorations in respect of annual benefits that were paid prior to January 1, 2000, the additional benefit amount shall be paid by the system to the member or the member’s beneficiaries on or before April 1, 2000. (Added by Stats. 1999, Ch. 465, Sec. 5. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 27.5. Replacement Benefits Program [24250 - 24275] SECTION 24275. Source version: id_d1404ca8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=27.5.&article= (a) Notwithstanding any other provision of this part, the benefits payable to any person shall be subject to the limitations of Section 415 (other than Section 415(b)(1)(B)) of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 415) as applicable to a governmental plan as those sections are amended from time to time or their successor sections. (b) This section and Section 24270 shall be applicable to benefits payable in all plan years beginning before, on, or after enactment of this chapter. (Added by Stats. 1999, Ch. 465, Sec. 5. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24300. Source version: id_73a17260-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member may, upon application for retirement, elect an option pursuant to this part that would provide an actuarially modified retirement allowance payable throughout the life of the member and the member’s option beneficiary or beneficiaries, as follows: (1) Option 2.The modified retirement allowance shall be paid to the retired member. Upon the retired member’s death, an allowance equal to the modified amount that the retired member was receiving shall be paid to the option beneficiary. (2) Option 3.The modified retirement allowance shall be paid to the retired member. Upon the retired member’s death, an allowance equal to one-half of the modified amount that the retired member was receiving shall be paid to the option beneficiary. (3) Option 4.The modified retirement allowance shall be paid to the retired member as long as both the retired member and the option beneficiary are living. Upon the death of either the retired member or the option beneficiary, an allowance equal to two-thirds of the modified amount that the retired member was receiving shall be paid to the surviving retired member or the surviving option beneficiary. (4) Option 5.The modified retirement allowance shall be paid to the retired member as long as both the retired member and the option beneficiary are living. Upon the death of either the retired member or the option beneficiary, an allowance equal to one-half of the modified amount that the retired member was receiving shall be paid to the surviving retired member or surviving option beneficiary. (5) Option 6.The modified retirement allowance shall be paid to the retired member and upon the retired member’s death, an allowance equal to the modified amount that the retired member was receiving shall be paid to the option beneficiary. (6) Option 7.The modified retirement allowance shall be paid to the retired member and upon the retired member’s death, an allowance equal to one-half of the modified amount the retired member was receiving shall be paid to the option beneficiary. (7) Option 8.(A) A member may designate multiple option beneficiaries. The member who has designated more than one option beneficiary shall elect an option that the member is authorized to elect subject to subdivision (e) for each beneficiary designated that would provide an actuarially modified retirement allowance payable throughout the lives of the member and the member’s option beneficiaries upon the member’s death. (B) The modified retirement allowance shall be paid to the retired member as long as the retired member and at least one of the option beneficiaries are living. Upon the retired member’s death, an allowance shall be paid to each surviving option beneficiary in accordance with the option elected respective to that beneficiary. The member shall determine the percentage of the unmodified allowance that will be modified by the election of Option 2, Option 3, Option 4, Option 5, Option 6, or Option 7 within this option, the aggregate of which shall equal 100 percent of the member’s unmodified allowance. The election of this option is subject to approval by the board. (C) A member who is a party to an action for legal separation or dissolution of marriage and who is required by court order to designate a spouse or former spouse as an option beneficiary may designate his or her spouse or former spouse as a sole option beneficiary under subparagraphs (A) and (B). The member shall specify the option elected for the spouse or former spouse and the percentage of his or her unmodified allowance to be modified by the option, consistent with the court order. The percentage of the member’s unmodified allowance that is not modified by the option shall remain an unmodified allowance payable to the member. The aggregate of the percentages specified for the option beneficiary and the member’s remaining unmodified allowance, if any, shall equal 100 percent. (b) For purposes of this section, the member shall designate an option beneficiary on a properly executed retirement application. Except as otherwise provided by this chapter, the option shall become effective on the member’s benefit effective date. (c) A member may revoke or change an election of an option at any time prior to the effective date of the member’s retirement under this part. A revocation or change of an option may not be made in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (d) (1) A member may change the beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 22149. (B) The beneficiary of the trust is the same person as the previously named option beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (e) On or before July 1, 2004, the board shall evaluate the existing options and annuities provided pursuant to this section, Chapter 38 (commencing with Section 25000) of this part, and Part 14 (commencing with Section 26000) and adopt, as a plan amendment, any appropriate changes to the options and annuities based on the needs of members, participants, and their beneficiaries, including, but not limited to, providing economic security for beneficiaries and reducing complexity in the election of options and annuities by members and participants. The changes to the options and annuities may have no net actuarial impact on the retirement fund, and the board may establish any eligibility criteria it deems necessary to prevent an adverse actuarial impact to the fund. The board shall designate the effective date of the plan amendment, which shall be at least 18 months after the amendment is adopted by the board, and notwithstanding any other provision of this section, the options and annuities available to members and participants eligible to retire pursuant to this part and Part 14 (commencing with Section 26000), after the effective date of the plan amendment made pursuant to this subdivision, shall reflect the changes adopted as a plan amendment pursuant to this subdivision. (f) Any member or participant who retired and elected an option or a joint and survivor annuity, or who filed a preretirement election of an option prior to the effective date of the plan amendment made pursuant to subdivision (d), may elect to change to a different option or joint and survivor annuity, as modified by the board as a plan amendment pursuant to subdivision (d), if the member or participant meets all the criteria established by the board to prevent a change in an option or joint and survivor annuity from having an adverse actuarial impact on the retirement fund, including, but not limited to, the effective date of a new designation or limitations on any changes if a member or participant, as the case may be, or beneficiary, or both, is currently not living or afflicted with a known terminal illness. The member or participant shall designate the change during the six-month period that begins with the effective date of the plan amendment, on a form prescribed by the system. Any member changing an option election pursuant to this subdivision is not subject to the allowance reduction prescribed in Section 24309 or 24310 as a result of the election. If a member or participant elects to change his or her option or joint and survivor annuity under this subdivision, the member or participant shall retain the same option beneficiary or beneficiaries as named in the prior designation. (g) The Legislature reserves the right to modify this section prior to the effective date of the plan amendment made pursuant to subdivision (d) to prevent any actuarial impact to the fund. (h) Except as described in subdivision (e) of Section 24300.1, on or after January 1, 2007, a member may not make a new election for an option or joint and survivor annuity described in subdivision (a). (i) Any member with a retirement effective on or after January 1, 2007, shall elect an option from the options described in Section 24300.1. Any member making a new option election under the provisions of Section 24320, 24321, 24322, or 24323 shall elect an option from the options described in Section 24300.1 if the effective date of the new option election is on or after January 1, 2007. (Amended by Stats. 2016, Ch. 559, Sec. 6. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24300.1. Source version: id_7a7dbbc2-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member may, upon application for retirement, elect an option pursuant to this part that would provide an actuarially modified retirement allowance payable throughout the life of the member and the member’s option beneficiary or beneficiaries, as follows: (1) One hundred percent beneficiary option. The modified retirement allowance shall be paid to the retired member and upon the member’s death, 100 percent of the modified allowance shall continue to be paid to the option beneficiary. (2) Seventy-five percent beneficiary option. The modified retirement allowance shall be paid to the retired member and upon the member’s death, 75 percent of the modified allowance shall continue to be paid to the option beneficiary. Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the option beneficiary is the member’s spouse or former spouse who has been awarded a community property interest in the benefits of the member under this part, the member may not designate an option beneficiary under this option who is more than exactly 19 years younger than the member. (3) Fifty percent beneficiary option. The modified retirement allowance shall be paid to the retired member and upon the member’s death, 50 percent of the modified allowance shall continue to be paid to the option beneficiary. (4) Compound option. The member may designate multiple option beneficiaries or one or multiple option beneficiaries with a designated percentage to remain unmodified. The member shall elect an option as described in paragraph (1), (2), or (3) for each designated option beneficiary that would provide an actuarially modified retirement allowance payable throughout the lives of the retired member and the member’s option beneficiary or beneficiaries upon the member’s death. (A) The modified retirement allowance shall be paid to the member as long as the member and at least one option beneficiary is living. Upon the member’s death, an allowance shall be paid to each surviving option beneficiary in accordance with the option elected respective to that option beneficiary. (B) The member shall specify the percent of the unmodified allowance that will be modified by the election of each option described in paragraph (1), (2), or (3) of this subdivision. The percent of the unmodified allowance that is not modified by an option, if any, shall be payable to the member. The sum of the percentages specified for the option beneficiary or beneficiaries and the member’s remaining unmodified allowance, if any, shall equal 100 percent. (C) The member’s election of the compound option is subject to all of the following: (i) Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the option beneficiary is the member’s spouse or former spouse who has been awarded a community property interest in the member’s benefits under this part, the member may not designate an option beneficiary under the 100 percent beneficiary option within this compound option who is more than exactly 10 years younger than the member. (ii) Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the option beneficiary is the member’s spouse or former spouse who has been awarded a community property interest in the member’s benefits under this part, the member may not designate an option beneficiary under the 75 percent beneficiary option within this compound option who is more than exactly 19 years younger than the member. (b) For purposes of this section, the member shall designate an option beneficiary on a properly executed retirement application. Except as otherwise provided by this chapter, the option shall become effective on the member’s benefit effective date. (c) Except as provided in subdivision (d), a member may revoke or change an election of an option no later than 30 days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system. A revocation of an option may not be made in derogation of a spouse’s or a former spouse’s community property rights as specified in a court order. (d) (1) A member may change the beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 22149. (B) The beneficiary of the trust is the same person as the previously named option beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (e) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse described in paragraphs (2) and (4) of subdivision (a) does not include the domestic partner of the member, pursuant to Section 7 of Title 1 of the United States Code. (f) If there is a determination of community property rights as described in Chapter 12 (commencing with Section 22650) of this part on or before December 31, 2006, the member may elect the option that is required by the judgment or court order. Nothing in this part shall permit the member to change the option to the detriment of the community property interest of the nonmember spouse. (g) The board may evaluate the existing options and annuities provided pursuant to this section, Chapter 38 (commencing with Section 25000) of this part, and Part 14 (commencing with Section 26000) and adopt, as a plan amendment, any appropriate changes to the options and annuities based on the needs of the members, participants, and their beneficiaries, including, but not limited to, providing economic security for beneficiaries and reducing the complexity of the options and annuities. The changes to the options and annuities may have no net actuarial impact on the retirement fund and the board may establish any eligibility criteria the board deems necessary to prevent an adverse actuarial impact to the fund. The board shall designate the effective date of the plan amendment, which shall be at least 18 months after the amendment is adopted by the board, and notwithstanding any other provision of this section, the options and annuities available to members and participants eligible to retire pursuant to this part and Part 14 (commencing with Section 26000), after the effective date of the plan amendment made pursuant to this subdivision, shall reflect the changes adopted as a plan amendment to this subdivision. (Amended by Stats. 2016, Ch. 559, Sec. 7. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24307. Source version: id_81606dc4-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who qualifies to apply for retirement under Section 24201 or 24203 may make a preretirement election of an option, as provided in Section 24300.1 without right of revocation or change after the benefit effective date, except as provided in this part. The preretirement election of an option shall become effective as of the date of the member’s signature on a properly executed form prescribed by the system, subject to the following requirements: (1) The form includes the signature of the member’s spouse or registered domestic partner, if applicable, and the signature is dated. (2) The date the form is received at the system’s headquarters office is within 30 days after the date of the member’s signature and, if applicable, the spouse’s or registered domestic partner’s signature. (b) A member who makes a preretirement election of an Option 2, Option 3, Option 4, Option 5, Option 6, or Option 7 pursuant to Section 24300, or an election as described in paragraph (1), (2), or (3) of Section 24300.1 may subsequently make a preretirement election of the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. The member may retain the same option and the same option beneficiary as named in the prior preretirement election for a designated percentage within the compound option. (c) Upon the member’s death prior to the benefit effective date, the beneficiary who was designated under the option elected and who survives shall receive an allowance calculated under the option, under the assumption that the member retired for service pursuant to Chapter 27 (commencing with Section 24201) on the date of death. The payment of the allowance to the option beneficiary shall be in lieu of the family allowance provided in Section 23804, the payment provided in paragraph (1) of subdivision (a) of Section 23802, the survivor benefit allowance provided in Section 23854, and the payment provided in subdivisions (a) and (b) of Section 23852, except that if the beneficiary dies before all of the member’s accumulated retirement contributions are paid, the balance, if any, shall be paid to the estate of the person last receiving or entitled to receive the allowance. The accumulated annuity deposit contributions and the death payment provided in Sections 23801 and 23851 shall be paid to the beneficiary in a lump sum. (d) If the member subsequently retires for service, and the elected option has not been canceled pursuant to Section 24309, a modified service retirement allowance computed under Section 24300 or 24300.1 and the option elected shall be paid. (e) The amount of the service retirement allowance prior to applying the option factor shall be calculated as of the earlier of the member’s age at death before retirement or age on the last day of the month in which the member requested service retirement be effective. The modification of the service retirement allowance by the option elected shall be based on the ages of the member and the beneficiary designated under the option, as of the date the election was signed. (f) A member who terminates the service retirement allowance pursuant to Section 24208 shall not be eligible to file a preretirement election of an option until one calendar year elapses from the date the allowance is terminated. If the member retires again within one calendar year of the termination of their benefit pursuant to Section 24208, the retired member shall keep, upon subsequent retirement, the option and beneficiary or the unmodified election in place upon the date the termination of the benefits became effective. (1) If the member’s option beneficiary or beneficiaries predecease the member within one calendar year of the termination of benefits and before the member has retired again, upon notification to the system, the system shall cancel the option and beneficiary from that portion of the benefit with reduction pursuant to Section 24309. The member shall not elect a new option or beneficiary pursuant to Section 24310 until one calendar year from the termination effective date has elapsed. (2) If a final decree of dissolution of marriage or a judgment of nullity has been entered or an order of separate maintenance has been made within one calendar year of the termination of benefits and the member has not retired again, upon notification to the system, the system shall cancel or change the option election in accordance with the court order with reduction pursuant to Section 24309. Any additional changes shall not be made until one calendar year from the termination effective date has elapsed. (g) (1) A member may change the beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 22149. (B) The beneficiary of the trust is the same person as the previously named option beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (h) The system shall inform members who are qualified to make a preretirement election of an option, through the annual statements of account, that the election of an option can be made. (Amended by Stats. 2016, Ch. 559, Sec. 8. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24307.5. Source version: id_d146674a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= Upon retirement for service, the member who filed a preretirement election of an option under Section 24307 shall have his or her allowance modified by the greater of the option factor as of the effective date of the preretirement election, or the option factor at the time the member’s retirement became effective. (Added by Stats. 1998, Ch. 349, Sec. 8. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24309. Source version: id_b487d2bd-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member may change or cancel the election of an option made pursuant to Section 24307. The change or cancellation shall be on a properly executed form provided by the system and received at the system’s headquarters office within 30 days after the date of the member’s signature and, if applicable, the spouse’s signature, and no later than 30 days from the date the member’s initial benefit payment for the member’s most recent retirement under the Defined Benefit Program is paid by the system. The change or cancellation shall become effective as of the date of the member’s signature or the day prior to the member’s benefit effective date, whichever is earlier. Except as provided in subdivision (g) of Section 24307, both of the following shall apply: (1) Any change to an election of an option shall be made according to Section 24307 and shall be considered a new preretirement election of an option. (2) Regardless of how the member elects to receive the member’s service retirement allowance, a change made to an election of an option or a cancellation of an option shall result in the reduction of that allowance by an amount determined by the board to be the actuarial equivalent of the coverage the member received as a result of the preretirement election and that does not result in any adverse funding to the plan. (b) If the option beneficiary designated in the preretirement election of an option pursuant to Section 24307 dies prior to the member’s retirement, the preretirement election shall be canceled as of the day following the date of death and the member’s subsequent retirement allowance under this part shall be subject to the allowance reduction prescribed in this section. (c) If the option elected pursuant to Section 24307 is “Option 8” as described in paragraph (7) of subdivision (a) of Section 24300 or the compound option as described in paragraph (4) of subdivision (a) of Section 24300.1, a member may cancel the designation of an option beneficiary. If the member cancels the designation of the option beneficiary or the option beneficiary predeceases the member prior to the member’s retirement, the member may elect to receive that portion of the retirement allowance without modification for the option or elect one or multiple new or existing option beneficiaries as described in Section 24307. Any change or cancellation of the designation of the option beneficiary under this subdivision shall result in the allowance reduction prescribed in this section. (Amended by Stats. 2019, Ch. 96, Sec. 21. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24310. Source version: id_64911088-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= If an election of an option is canceled under Section 24309, the member may again elect an option under Section 24307. If an election of an option is changed or canceled during any year, the reduction for that year shall be that for the option to which the greater reduction under Section 24309 as it read on December 31, 1995, is applicable. (Amended by Stats. 2014, Ch. 755, Sec. 59. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24311. Source version: id_bc6f8f56-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= Upon termination of a service retirement allowance pursuant to Section 24208, any option elected pursuant to Section 24300 or 24300.1 and in effect at the time of reinstatement shall be considered to be a preretirement election of an option elected as of the effective date of the most recent retirement and shall be subject to the same provisions as an option elected under Section 24307. (Added by renumbering Section 24302 by Stats. 2014, Ch. 755, Sec. 46. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24312. Source version: id_c2ecefd8-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= Termination of the service retirement allowance pursuant to Section 24208 shall not cancel an option elected under the provisions of Section 24307. The effective date of the option shall remain the original election date pursuant to Section 24307. (Added by renumbering Section 24303 by Stats. 2014, Ch. 755, Sec. 47. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24320. Source version: id_c91a348a-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) An option elected under Section 24300 or 24300.1 may be canceled by a retired member if the option beneficiary is not the retired member’s spouse or former spouse. A retired member may cancel the option before or after issuance of the first retirement allowance payment and shall designate his or her spouse as the new option beneficiary and the same or a different joint and survivor option described in Section 24300.1. (b) The retired member shall notify the board, in writing on a properly executed form provided by the system, of the designation of the new option beneficiary. Notification shall include a certified copy of the marriage certificate and a properly executed form for the change. (c) The effective date of the new election shall be six months following the date notification is received by the board, provided both the retired member and the new designated option beneficiary are then living. If the effective date of the new option election is on or after January 1, 2007, at the time of the new election the retired member shall elect an option from the options described in Section 24300.1. If, before the new election becomes effective, the member terminates his or her benefit pursuant to Section 24208 or the retired member or the new option beneficiary dies, the new election is void and the previous election remains in effect. (d) The election of the option and designation of the option beneficiaries under this section and Section 24300.1 shall be subject to an actuarial modification of the retirement allowance. In no event may a retired member elect a joint and survivor option that would result in any additional liability to the fund. A retired member may not elect the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. Modification of the retirement allowance because of the new option beneficiary and the new option shall be based on the ages of the retired member and the new option beneficiary as of the effective date of the new election. (Added by renumbering Section 24305.5 by Stats. 2014, Ch. 755, Sec. 52. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24321. Source version: id_cf50ef1c-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) Any retired member who was unmarried and not in a registered domestic partnership on the benefit effective date who did not elect an option pursuant to Section 24300, 24300.1, or 24307, and who thereafter marries or registers in a domestic partnership, may, after the effective date of the member’s retirement under this part, elect an option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1, naming his or her new spouse or registered domestic partner as the option beneficiary, subject to all of the following: (1) The retired member shall have been married or registered in a domestic partnership for at least one year prior to making the election of the option. (2) The retired member shall notify the board, in writing on a properly executed form provided by the system, of the election of the option and the designation of the member’s new spouse or registered domestic partner as the option beneficiary. That notice shall include a certified copy of the marriage certificate or the certificate of registration of domestic partnership. (3) The election of an option under this section is subject to approval by the board. A retired member may not elect a joint and survivor option that would result in any additional liability to the retirement fund. A retired member may not elect the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. (4) The election shall be effective six months after the date the notification is received by the board, provided that both the retired member and the retired member’s designated spouse or registered domestic partner are then living. If the effective date of the new option election is on or after January 1, 2007, at the time of the new election the retired member shall elect an option from the options described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1. If, before the new election becomes effective, the member terminates his or her benefit pursuant to Section 24208 or the retired member or the new option beneficiary dies, the new election is void and the unmodified election remains in effect. (b) The election of the option and designation of the option beneficiary under this section shall result in an actuarial modification of the member’s retirement allowance that shall be payable through the life of the member and the member’s new spouse or registered domestic partner. Modification of the member’s retirement allowance pursuant to this section shall be based on the ages of the retired member and the retired member’s new spouse or registered domestic partner as of the effective date of the election. (Added by renumbering Section 24300.6 by Stats. 2014, Ch. 755, Sec. 44. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24322. Source version: id_b91a3e61-fccd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) An option elected under Section 24300, 24300.1, or 24307 may be canceled by a retired member if the option beneficiary is the retired member’s spouse or former spouse and a final decree of dissolution of marriage or a judgment of nullity has been entered or an order of separate maintenance has been made on or after January 1, 1978, by a court of competent jurisdiction. A retired member may cancel the option before or after issuance of the first retirement allowance payment. (b) The retired member shall notify the board, in writing on a properly executed form provided by the system, of cancellation of the option. Notification shall not be earlier than the effective date of the decree, judgment, or order and shall include a certified copy of the final decree of dissolution, or judgment of nullity, or an order of separate maintenance, and any property settlement agreement. (c) Upon notification to the board, the retired member may elect: (1) to receive the unmodified retirement allowance from the date of receipt of the notification; or (2) a new joint and survivor option under Section 24300.1 and may designate one or multiple new option beneficiaries. Modification of the retirement allowance because of the newly elected option or newly designated beneficiary or beneficiaries shall be based on the ages of the retired member and the new option beneficiary or beneficiaries as of the effective date of the new option. The election of a new joint and survivor option or the designation of a new option beneficiary or beneficiaries shall be consistent with the final decree of dissolution, judgment of nullity, order of separate maintenance, or property settlement agreement, and shall not result in any additional liability to the Teachers’ Retirement Fund. The effective date of the change shall be the date notification is received by the board. (d) (1) A retired member electing to receive an unmodified or modified retirement allowance pursuant to subdivision (c), who is not married or in a registered domestic partnership at the time of the election and who thereafter marries or registers in a domestic partnership, may later elect an option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1, naming his or her new spouse or registered domestic partner as the option beneficiary, subject to all of the following: (A) The retired member shall notify the board, in writing on a properly executed form provided by the system, of the election of the option and the designation of the member’s new spouse or registered domestic partner as the option beneficiary. That notice shall include a certified copy of the marriage certificate or the certificate of registration of domestic partnership. (B) The election shall be effective six months after the date the notification is received by the board, provided that both the retired member and the retired member’s designated spouse or registered domestic partner are then living. If, before the new election becomes effective, the member terminates his or her benefit pursuant to Section 24208 or the retired member or the new option beneficiary dies, the new election is void and the election pursuant to subdivision (c) remains in effect. (2) The election of the option and designation of the option beneficiary under this section shall result in an actuarial modification of the member’s retirement allowance that shall be payable through the life of the member and the member’s new spouse or registered domestic partner. Modification of the member’s retirement allowance pursuant to this subdivision shall be based on the ages of the retired member and the retired member’s new spouse or registered domestic partner as of the effective date of the election and shall not be in conflict with the final decree of dissolution, judgment of nullity, order of separate maintenance, or property settlement agreement. (Amended by Stats. 2018, Ch. 416, Sec. 17. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24323. Source version: id_dbe39f80-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) If an option beneficiary designated in the election of an Option 2 or Option 3 as described in Section 24300 predeceases the retired member, the retired member may elect a new joint and survivor option described in paragraph (1), (2), (3), or (4) of subdivision (a) of Section 24300.1 and designate one or multiple new option beneficiaries. (b) If an option beneficiary designated in the election of an Option 4 or Option 5 as described in Section 24300 predeceases the retired member, a retirement allowance adjusted for the specified option shall be payable to the retired member and shall commence to accrue to the retired member as of the day following the date of the death of the option beneficiary. The retired member may elect a new joint and survivor option described in paragraph (1), (2), (3), or (4) of subdivision (a) of Section 24300.1 and designate one or multiple new option beneficiaries. (c) If an option beneficiary designated in the election of Option 2 or Option 3 within Option 8 as described in Section 24300 predeceases the retired member, the retired member may elect a new joint and survivor option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1 and designate a new option beneficiary for the portion of the retirement allowance that was modified for the prior option beneficiary. The retired member may not elect the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. (d) If an option beneficiary designated in the election of Option 4 or Option 5 within Option 8 as described in Section 24300 predeceases the retired member, a retirement allowance adjusted for the specified option for the portion of the benefit allocated to that beneficiary shall be payable to the retired member and shall commence to accrue to the retired member as of the day following the date of the death of the option beneficiary. The retired member may elect a new joint and survivor option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1 for that portion of the retirement allowance that was modified for the prior option beneficiary and designate a new option beneficiary. The retired member may not elect the compound option described in paragraph (4) of subdivision (a) of Section 24300.1. (e) If an option beneficiary designated in the election of an Option 6 or Option 7 or in the election of Option 6 or Option 7 within Option 8, pursuant to Section 24300 predeceases the retired member, that portion of the retirement allowance attributable to Option 6 or Option 7 without modification for the option shall be payable to the retired member upon notification to the board and shall commence to accrue to the retired member as of the day following the date of the death of the option beneficiary. The retired member may designate a new beneficiary for that portion of the retirement allowance within the same option designated for the prior beneficiary. (f) If an option beneficiary designated in the election of an option pursuant to paragraph (1), (2), (3), or (4) of subdivision (a) of Section 24300.1 predeceases the retired member, that portion of the retirement allowance attributable to the option without modification for the option shall be payable to the member upon notification to the board and shall commence to accrue to the retired member as of the day following the date of the death of the option beneficiary. The retired member may designate a new beneficiary for that portion of the retirement allowance within the same option designated for the prior beneficiary. (g) The retired member shall submit proof of death of the prior beneficiary before making a new beneficiary election under this section. The effective date of any new election under this section shall be six months following the date notification is received by the board provided both the retired member and the newly designated option beneficiary are living on the date the new election is to become effective. Notification shall be on a properly executed form prescribed by the system for the new designation. (h) If, before the new election becomes effective, the member reinstates pursuant to Section 24208 or the retired member or new option beneficiary dies, the new election is void. (i) If the retired member is eligible to elect a new option and the effective date of the new option election is on or after January 1, 2007, at the time of the new election the retired member shall elect an option from the options described in Section 24300.1. (j) The election of the new joint and survivor option under this section and Section 24300.1 is subject to an actuarial modification of the retirement allowance. In no event may a retired member elect a joint and survivor option that would result in any additional liability to the fund. (k) The new option beneficiary cannot be an existing option beneficiary for that member designated under paragraph (7) of subdivision (a) of Section 24300 or paragraph (4) of subdivision (a) of Section 24300.1. (Added by renumbering Section 24306 by Stats. 2014, Ch. 755, Sec. 53. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24324. Source version: id_e2a534f2-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who is receiving a joint and survivor annuity under the Defined Benefit Supplement Program may change the annuity or the annuity beneficiary elected pursuant to Section 25011, 25011.1, 25018, or 25018.1, provided all of the following conditions are met: (1) The annuity beneficiary is the member’s spouse or former spouse. (2) A final decree of dissolution of marriage is granted, or a judgment of nullity is entered, or an order of separate maintenance is made by a court of competent jurisdiction with respect to the member and the spouse or former spouse on or after the beginning of the initial plan year designated by the board pursuant to Section 22156.05. (3) The change is consistent with the final decree of dissolution, judgment of nullity, or order of separate maintenance. (b) A member may change the annuity pursuant to subdivision (a) before or after the first annuity payment is issued. (c) The member shall notify the system in writing of the change in the annuity. The notification shall not be earlier than the effective date of the final decree of dissolution, judgment of nullity, or order of separate maintenance and shall include a certified copy of the final decree of dissolution, judgment of nullity, or order of separate maintenance, and any property settlement agreement. (d) A change in the annuity or annuity beneficiary or both shall become effective on the date the notification of change is received by the system. The annuity amount payable to the member upon the change elected by the member shall be determined as of the effective date of the change and shall be the actuarial equivalent of the lump sum that would otherwise be payable to the member as of the date of the change. If the member elects a joint and survivor annuity, the amount payable under the annuity shall be modified consistent with the annuity elected by the member. (Added by renumbering Section 24305.3 (as amended by Stats. 2006, Ch. 655, Sec. 39) by Stats. 2014, Ch. 755, Sec. 50. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24330. Source version: id_e8df71f4-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) The election of an option as provided in Section 24307 shall preclude the payment of a family allowance to any beneficiary under this part. (b) The preretirement election of an option made by the member pursuant to Section 24307 shall be voided by the board as of the effective date of an approved disability retirement under this part. Members receiving a disability retirement allowance pursuant to Chapter 26 (commencing with Section 24100) may not file an election of option as provided in Section 24307. (c) The election of an option as provided in Section 24307 shall preclude the payment of a survivor benefit allowance pursuant to Chapter 23 (commencing with Section 23850) and shall preclude the payment of the remaining balance of the member’s accumulated retirement contributions prior to the death of the option beneficiary. (Added by renumbering Section 24308 by Stats. 2014, Ch. 755, Sec. 57. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24331. Source version: id_955f728a-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) An option beneficiary or a trustee or beneficiary of a trust that is an option beneficiary who is receiving an allowance pursuant to the option elected by the member may designate a beneficiary to receive any allowance that has accrued and is unpaid, and any remaining balance of the retired member’s accumulated retirement contributions payable pursuant to Section 23881, upon the death of the option beneficiary. (b) Unless otherwise specified in the trust instrument, the trustee of the trust that is an option beneficiary is entitled to name a subsequent beneficiary if the trust is valid. If the trust is determined to be invalid or terminates, any election by the trustee pursuant to this division shall be void and the beneficiary shall be entitled to exercise all rights provided to option beneficiaries under this part. (Amended by Stats. 2016, Ch. 559, Sec. 10. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24332. Source version: id_f58a1728-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member upon application for a disability retirement pursuant to Chapter 26 (commencing with Section 24100), may elect, as provided in Section 24300 or 24300.1 to receive an actuarially modified disability retirement allowance. (b) For purposes of this section, the member shall either elect to receive an unmodified allowance or designate an option beneficiary on a properly executed form prescribed by the system, either of which shall be filed with the system on or before the last day of the month in which the member’s disability retirement is approved by the system. The option shall become effective on the effective date of the disability retirement allowance. The modification of the disability retirement allowance under the option elected shall be based on the ages of the retired member and the designated option beneficiary as of the effective date of the disability retirement. The modification shall be applicable only to the disability retirement allowance payable pursuant to subdivision (a) of Section 24106. (c) Except as provided in Sections 24300, 24300.1, 24320, 24321, 24322, and 24323, a member may revoke or change an election of an option no later than 30 days from the date of the member’s initial disability retirement benefit payment. (d) If a member dies prior to electing an unmodified allowance or an option, the death benefits shall be payable under Chapter 23 (commencing with Section 23850), regardless of whether the disability retirement application is or would have been approved. (Added by renumbering Section 24301 by Stats. 2014, Ch. 755, Sec. 45. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24333. Source version: id_fbd51d0a-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= Upon termination of a disability retirement allowance pursuant to Section 24117, any option elected at the time of retirement pursuant to Section 24332 shall be void as of the effective date of the reinstatement. The preretirement election of option subsequent to termination of the allowance pursuant to Section 24117 shall be subject to the following: (a) A member may not make a preretirement election of option pursuant to Section 24307 prior to becoming qualified to make application for service retirement under Section 24201 or 24203. (b) A member who was receiving an unmodified disability retirement allowance prior to termination of the allowance may not make a preretirement election of option earlier than six months following the date on which the disability retirement allowance was terminated pursuant to Section 24117. (c) A member who has elected an option pursuant to Section 24332, and is otherwise eligible to make a preretirement election of an option, may make the election anytime during the six months following the date on which the disability retirement allowance was terminated pursuant to Section 24117. The member shall elect the same option and designate the same option beneficiary as designated under Section 24332 when making the election during the six-month period following the date the disability retirement allowance was terminated. (Added by renumbering Section 24304 by Stats. 2014, Ch. 755, Sec. 48. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24340. Source version: id_02647eec-898a-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who has a preretirement election of an option in effect on December 31, 1990, may change his or her preretirement election of Option 2, Option 3, Option 4, or Option 5 to either Option 6 or Option 7 without the allowance reduction prescribed in Sections 24309 and 24310, provided the change is made on or after January 1, 1991, and prior to the earlier of January 1, 1992, or the member’s retirement under this part. (b) If the member elects to change his or her option under this section, then the member shall retain the same option beneficiary as named in the prior preretirement election. The election to change the preretirement election under this section shall be void if not received in the system’s headquarters office at least 30 days prior to the death of the option beneficiary. (Added by renumbering Section 24311 by Stats. 2014, Ch. 755, Sec. 60. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24341. Source version: id_089f7f3e-898a-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who retired for service under Option 2 or Option 3 with an effective date prior to January 1, 1991, may elect to change Option 2 to Option 6 or Option 3 to Option 7 under all of the following conditions: (1) The election is made during the six-month period commencing July 1, 1994, and ending December 31, 1994. (2) The same beneficiary under Option 2 or Option 3 is named as beneficiary under Option 6 or Option 7. (3) The change in options is consistent with Sections 22453 and 24322. (4) The option beneficiary is not afflicted with any known terminal illness and the retired member shall state under penalty of perjury that to the best of his or her knowledge the option beneficiary is not afflicted with any known terminal illness. (5) The option beneficiary has not predeceased the retired member as of the effective date of the change in options. (b) The change in options shall be effective on the date the election is signed, provided that the election is received at the system’s headquarters office within 30 days after the date of the signature. (c) If an election to change options is made pursuant to this section, the modified allowance shall be reduced in a manner determined by the board to ensure that no additional liability shall be incurred by the plan pursuant to this section. (Added by renumbering Section 24306.5 by Stats. 2014, Ch. 755, Sec. 54. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24342. Source version: id_0edfafb0-898a-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) Any member who retired for service under Option 4 or Option 5 with an effective date prior to January 1, 1991, may elect to change Option 4 to Option 6 or Option 5 to Option 7 if all of the following conditions are met: (1) The election is made during the three-month period commencing January 1, 1999, and ending March 31, 1999. (2) The same beneficiary under Option 4 or Option 5 is named as beneficiary under Option 6 or Option 7. (3) The change in options is consistent with Sections 22453 and 24322. (4) The option beneficiary is not afflicted with any known terminal illness. (5) The option beneficiary has not predeceased the retired member as of the effective date of the change in option. (6) The election to change the option under this section is received at the system’s headquarters office at least 30 days prior to the death of the option beneficiary. (b) Failure to satisfy all of the conditions in subdivision (a) shall render the change of election invalid. (c) The change in options under this section shall be effective on the date the election is signed, provided all the conditions set forth in subdivision (a) are satisfied and the election is received at the system’s headquarters office within 30 days after the date of the signature. (d) The election of a new joint and survivor option under this section is subject to a further modification of the modified retirement allowance. In no event may a retired member elect a joint and survivor option that would result in any additional liability to the fund. (Added by renumbering Section 24306.7 by Stats. 2014, Ch. 755, Sec. 55. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24343. Source version: id_15074f12-898a-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) Any member who retired for service under Option 2 or Option 3 with an effective date prior to January 1, 1991, whose option beneficiary had died prior to January 1, 1995, shall receive, effective January 1, 1999, the retirement allowance without modification for the option if all of the following conditions are met: (1) The retired member is living as of January 1, 1999. (2) The retired member has not elected a new option beneficiary under Section 24323. (3) The retirement allowance without modification for the option payable as of January 1, 1999, is greater than the amount payable under the option, plus the amounts from annual benefit improvements, ad hoc benefit increases, and payments from the Supplemental Benefit Maintenance Account. (4) The retired member does not inform the system in writing, on a form provided by the system, within 30 days of receipt of the notification of the change to the retirement allowance without modification for the option, of his or her election to continue to receive the option allowance. (b) Any member who retired for service under Option 4 or Option 5 with an effective date prior to January 1, 1991, whose option beneficiary had died prior to January 1, 1999, shall receive effective January 1, 1999, the retirement allowance without modification for the option if all the following conditions are met: (1) The retired member is living as of January 1, 1999. (2) The retired member has not elected a new option beneficiary under Section 24323. (3) The retirement allowance without modification for the option payable as of January 1, 1999, is greater than the amount payable under the option, plus the amount from annual benefit improvements, ad hoc benefit increases, and payments from the Supplemental Benefit Maintenance Account. (4) The retired member does not inform the system in writing, on a form provided by the system, within 30 days of receipt of the notification of the change to the retirement allowance without modification for the option, of his or her election to continue to receive the option allowance. (c) The change to the retirement allowance without modification for the option shall be consistent with Section 22453. (d) A member retired for service who receives the retirement allowance without modification for the option provided under this section shall not elect a new option beneficiary under Section 24323. (e) The cost of this section shall be paid by the transfer for that purpose of the one-time gain accrued to the State Teachers’ Retirement System from the difference between the contributions received pursuant to Sections 22901 and 22950 in the 1997–98 fiscal year minus the normal cost as displayed in the June 30, 1997, actuarial valuation. (Added by renumbering Section 24313 by Stats. 2014, Ch. 755, Sec. 63. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24344. Source version: id_1b477f84-898a-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who has a preretirement election of an option in effect on December 31, 1999, may change his or her preretirement election of Option 2, Option 3, Option 4, Option 5, Option 6, or Option 7 to Option 8 without the allowance reduction prescribed in Sections 24309 and 24310, provided the change is made on or after January 1, 2000, and prior to the earlier of July 1, 2000, or the member’s benefit effective date. (b) If the member elects to change his or her option under this section then the member shall retain the same option and the same option beneficiary as named in the prior preretirement election of an option as one of the options under Option 8. The election to change the preretirement election under this section shall be void if not received in the system’s headquarters office at least 30 days prior to the death of the option beneficiary. (c) This section shall become operative on January 1, 2000. (Added by renumbering Section 24312 by Stats. 2014, Ch. 755, Sec. 61. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24345. Source version: id_219f7db6-898a-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who retired and elected an option pursuant to Section 24300 may elect to change options, subject to all of the following: (1) A member who elected Option 2 may elect to change to the 100-percent beneficiary option described in paragraph (1) or the 75-percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1. (2) A member who elected Option 3, Option 4, or Option 5 may elect to change to the 75-percent beneficiary option described in paragraph (2) or the 50-percent beneficiary option described in paragraph (3) of subdivision (a) of Section 24300.1. (3) A member who elected Option 6 or Option 7 may elect to change to the 75-percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1. (4) A member who elected Option 8 may elect to have any designated percentage of his or her unmodified allowance changed in accordance with paragraph (1), (2), or (3). (5) The election by a member under this section is made on or after January 1, 2007, and prior to July 1, 2007. (6) The member designates the same beneficiary that was designated under the prior option elected by the member, if the option and beneficiary designation were effective on or before December 31, 2006. (7) The member and the option beneficiary are not afflicted with a known terminal illness and the member declares, under penalty of perjury under the laws of this state, that to the best of his or her knowledge, he or she and the option beneficiary are not afflicted with a known terminal illness. (8) The option beneficiary has not predeceased the member as of the effective date of the change in the option by the member. (b) The change in the option by the member shall be effective on the date the election is signed, provided that the election is on a properly executed form provided by the system and that election is received at the system’s headquarters office within 30 days after the date the election is signed. (c) After receipt of a member’s election document, the system shall mail an acknowledgment notice to the member that sets forth the new option elected by the member. (d) If the member and the option beneficiary are alive and not afflicted with a known terminal illness, a member may cancel the election to change options and elect to receive the benefit according to the preexisting option election. After cancellation, the member may elect to make a one-time change from the preexisting option to any other option provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change shall be made on a properly executed form provided by the system and shall be received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the member elects to make the one-time change provided by this subdivision, the change shall be effective as of the member’s signature date on the initial election to change. (e) If the system is unable to mail an acknowledgment notice to the member on or before June 1, 2007, or prior to the end of the election period, provided that the member and the option beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a member to cancel the election to change options and elect to receive the benefit according to the preexisting option election. After cancellation, the member may elect to make a one-time change from the preexisting option to any other option provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change may be made after the end of the election period if it is made on a properly executed form provided by the system and is received at the system’s headquarters office no later than 30 days following the date of the acknowledgment notice. If the member elects to make the one-time change provided by this subdivision, the change shall be effective as of the member’s signature date on the initial election to change. (f) If the member elects to change his or her option as described in subdivision (a), the retirement allowance of the member shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) The member shall not change options in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Added by renumbering Section 24300.2 by Stats. 2014, Ch. 755, Sec. 42. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24346. Source version: id_27d3c748-898a-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who has a preretirement election of an option in effect on December 31, 2006, pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) of Section 24300 may change his or her preretirement election to an option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1 without the allowance reduction described in Sections 24309 and 24310, provided the change is made on or after January 1, 2007, and prior to July 1, 2007. (b) A member who has a preretirement election of Option 8 as described in Section 24300 in effect on December 31, 2006, and in that Option 8 election has an option pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) of Section 24300, may change any of the options under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 24300 to an option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1 without the allowance reduction described in Sections 24309 and 24310, if change is made on or after January 1, 2007, and prior to July 1, 2007. A member may not change the portion of the unmodified benefit that would be modified pursuant to that prior option. (c) The election to change the option by a member as described in this section shall be subject to all of the following: (1) The member may not change the option beneficiary that was designated in the prior preretirement option election. (2) The change in options under this section shall be effective on the date the election is signed, provided that the election is on a properly executed form provided by the system and received at the system’s headquarters office within 30 days of the date of the signature. (d) If the member elects to change options as described in this section, the age of the member and the option beneficiary on the effective date of the prior preretirement option election shall be the age used to calculate the member’s benefit at the time of retirement. (Added by renumbering Section 24312.1 by Stats. 2014, Ch. 755, Sec. 62. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24347. Source version: id_941df912-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who retired and elected an option pursuant to this chapter and designated his or her same-sex spouse or same-sex former spouse as option beneficiary may elect to change his or her option subject to the following: (1) A member who elected the 100 percent beneficiary option or the 50 percent beneficiary option may elect to change his or her option to the 75 percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (2) (A) A member who elected the compound option may elect to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option to the 100 percent beneficiary option described in paragraph (1) of subdivision (a) of Section 24300.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 10 years younger than the member, or the 75 percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (B) If a member elects to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option, the member may also elect to change the option designated to any other option beneficiary or beneficiaries within the compound option to the 100 percent beneficiary option, the 75 percent beneficiary option, or the 50 percent beneficiary option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1. (C) If a member elects to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option, the member may also elect to change the percentage of his or her unmodified allowance designated to the option beneficiary or beneficiaries. The percent of the allowance that is not modified by an option, if any, shall be payable to the member. The sum of all percentages specified for the option beneficiary or beneficiaries and the member’s remaining unmodified allowance, if any, shall equal 100 percent. (D) Any change made pursuant to this paragraph shall be subject to the requirements and restrictions of the compound option described in paragraph (4) of subdivision (a) of Section 24300.1 and shall not be construed to allow a member to cancel his or her compound option. (3) The option change made by the member pursuant to this section is made on or after July 1, 2015, and on or before December 31, 2015. (4) The member married a same-sex spouse, the marriage is or was recognized by the United States government, any state government, or any foreign government, and his or her same-sex spouse or same-sex former spouse was designated as his or her option beneficiary prior to July 1, 2015. (5) The same-sex spouse or same-sex former spouse is a current option beneficiary, and the member designates the same option beneficiary or beneficiaries that were designated for the prior option elected by the member. (6) The option beneficiary or beneficiaries have not predeceased the member as of the effective date of the option change made by the member pursuant to this section. (b) The option change made by a member pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior option elections or June 26, 2013, whichever is later. (c) The option change made by the member pursuant to subdivision (a) shall be on a properly executed form provided by the system subject to the following requirements: (1) The form is signed and dated by the member and the member’s spouse, if applicable, on or after July 1, 2015, and on or before December 31, 2015. (2) The date the form is received at the system’s headquarters office is within 30 calendar days after the date of the member’s signature and within 30 calendar days after the date of the spouse’s signature, if applicable. (d) After receipt of the member’s election, the system shall mail an acknowledgment notice to the member that set forth the new option elected by the member. (e) A member may cancel an option change made pursuant to subdivision (a) and elect to receive his or her benefit according to his or her prior option election provided the requirements of paragraphs (5) and (6) of subdivision (a) are still met. The cancellation shall become effective as of the date of the initial option change pursuant to subdivision (b) subject to the following requirements: (1) The cancellation is made on a properly executed form provided by the system. (2) The form includes the signatures of the member and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (f) A member may cancel an initial option change made pursuant to subdivision (a) and elect to make one subsequent change from his or her option election to any other option provided by and subject to the restrictions of subdivision (a). The subsequent change shall become effective as of the date of the initial option change pursuant to subdivision (b) and subject to the following requirements: (1) The cancellation and subsequent change are made on a properly executed form provided by the system. (2) The form includes the signatures of the member and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (g) If a member elects to change his or her option as described in subdivision (a) or (f), the retirement allowance of the member shall be modified in a manner determined by the board to prevent any additional liability to the plan. (h) A member shall not change options in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Added by Stats. 2014, Ch. 755, Sec. 64. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 28. Options [24300 - 24348] SECTION 24348. Source version: id_9afa4274-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=28.&article= (a) A member who has a preretirement option pursuant to Section 24307 in effect on July 1, 2015, and designated his or her same-sex spouse or same-sex former spouse as option beneficiary may elect to change his or her option subject to the following: (1) A member who elected the 100 percent beneficiary option or the 50 percent beneficiary option may elect to change his or her option to the 75 percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1 provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (2) (A) A member who elected the compound option may elect to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option to the 100 percent beneficiary option described in paragraph (1) of subdivision (a) of Section 24300.1 provided the member’s same-sex spouse or same-sex former spouse is more than exactly 10 years younger than the member, or the 75 percent beneficiary option described in paragraph (2) of subdivision (a) of Section 24300.1 provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (B) If a member elects to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option, the member may also elect to change the option designated to any other option beneficiary or beneficiaries within the compound option to the 100 percent beneficiary option, the 75 percent beneficiary option, or the 50 percent beneficiary option described in paragraph (1), (2), or (3) of subdivision (a) of Section 24300.1. (C) If a member elects to change the option designated for his or her same-sex spouse or same-sex former spouse within the compound option, the member may also elect to change the percentage of his or her unmodified allowance designated to the option beneficiary or beneficiaries. The percent of the allowance that is not modified by an option, if any, shall be payable to the member. The sum of all percentages specified for the option beneficiary or beneficiaries and the member’s remaining unmodified allowance, if any, shall equal 100 percent. (D) Any change made pursuant to this paragraph shall be subject to the requirements and restrictions of the compound option described in paragraph (4) of subdivision (a) of Section 24300.1 and shall not be construed to allow a member to cancel his or her compound option. (3) The option change made by the member pursuant to this section is made on or after July 1, 2015, and on or before December 31, 2015. (4) The member married a same-sex spouse, the marriage is or was recognized by the United States government, any state government, or any foreign government, and his or her same-sex spouse or same-sex former spouse was designated as his or her option beneficiary prior to July 1, 2015. (5) The same-sex spouse or same-sex former spouse is a current option beneficiary, and the member designates the same option beneficiary or beneficiaries that were designated for the prior option elected by the member. (6) The option beneficiary or beneficiaries have not predeceased the member as of the effective date of the option change made by the member pursuant to this section. (b) The option change made by a member pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior election or June 26, 2013, whichever is later. (c) The option change made by the member pursuant to subdivision (a) shall be on a properly executed form provided by the system subject to the following requirements: (1) The form is signed and dated by the member and the member’s spouse, if applicable, on or after July 1, 2015, and on or before December 31, 2015. (2) The date the form is received at the system’s headquarters office is within 30 calendar days after the date of the member’s signature and within 30 calendar days after the date of the spouse’s signature, if applicable. (d) A preretirement option change made pursuant to this section will not result in the allowance reduction described in Sections 24309 and 24310. (e) If a member elects to change options pursuant to this section, the age of the member and the option beneficiary or beneficiaries on the effective date of the prior preretirement option election shall be the age used to calculate the member’s benefit at the time of retirement. (Added by Stats. 2014, Ch. 755, Sec. 65. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24400. Source version: id_2c59df6e-47eb-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= The Legislature recognizes that inflation erodes the purchasing power of benefits paid under the plan under this part. It is the intent of the Legislature to understand the degree of erosion of these benefits. (Amended by Stats. 2012, Ch. 728, Sec. 31. (SB 71) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24401. Source version: id_d149749c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= This chapter does not give any retired member, or a retired member’s successors in interest or beneficiary, any claim against the board, system, or plan for any increase in any allowance paid or payable prior to July 1, 1972. (Amended by Stats. 1996, Ch. 634, Sec. 246. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24402. Source version: id_6abd43ca-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) Service retirement allowances, disability allowances, disability retirement allowances, family allowances, and survivor benefit allowances payable pursuant to this part shall be increased by application of the benefit improvement factor. (b) Allowances payable to beneficiaries on account of options elected under Section 24300, 24300.1, 24307, or 24332 shall be increased by application of the improvement factor. This factor shall be applicable on the same date when it would have been applied to the allowance of the deceased person. (c) The benefit improvement factor shall not be applied to an annuity that is the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member’s account on the effective date of a service or disability retirement. (Amended by Stats. 2014, Ch. 755, Sec. 66. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24403. Source version: id_d14974a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= The allowances that commenced to accrue prior to July 1, 1972, and payable on August 1, 1972, exclusive of annuities from the Annuity Deposit Fund and tax-sheltered annuities payable under former Sections 14193, 14280 and 14284, as those sections read on June 30, 1972, shall be increased by application of the benefit improvement factor on September 1, 1973, and annually thereafter. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24404. Source version: id_d14974a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) Effective July 1, 1973, the benefits of persons eligible for survivor benefits pursuant to former Section 14186 as it read on June 30, 1972, shall be increased as follows: (1) Those eligible for ninety dollars ($90) per month shall be increased to one hundred five dollars ($105) per month. (2) Those eligible for one hundred eighty dollars ($180) per month shall be increased to two hundred ten dollars ($210) per month. (3) Those eligible for two hundred fifty dollars ($250) per month shall be increased to two hundred ninety-five dollars ($295) per month. (b) These benefits shall be subject to the provisions of Sections 22140 and 24403 with the first annual improvement to occur on September 1, 1974, and annually thereafter. (Amended by Stats. 2001, Ch. 803, Sec. 23. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24405. Source version: id_d14afb44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= The first three hundred dollars ($300) of the monthly allowances payable to retired members, disabled members, and beneficiaries are increased as of July 1, 1976, as follows if the member had 20 or more years of credited service: (a) For those with effective dates prior to July 1, 1972, 9 percent. (b) For those with effective dates from July 1, 1972, to June 30, 1973, 6 percent. (c) For those with effective dates from July 1, 1973, to June 30, 1974, 3 percent. (Amended by Stats. 1996, Ch. 634, Sec. 247. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24406. Source version: id_d14afb46-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= The first three hundred dollars ($300) of the monthly allowances payable to retired members, disabled members, and beneficiaries are increased as of July 1, 1978, for those members receiving allowances on July 1, 1978, if the member had less than 20 years of credited service, as follows: (a) For those with effective dates prior to July 1, 1972, 9 percent. (b) For those with effective dates from July 1, 1972, to June 30, 1973, 6 percent. (c) For those with effective dates from July 1, 1973, to June 30, 1974, 3 percent. (Amended by Stats. 1996, Ch. 634, Sec. 248. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24407. Source version: id_d14afb48-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) The monthly allowances payable to retired members, disabled members, and beneficiaries are increased as of January 1, 1980, for those persons receiving allowances with respect to members who retired or died prior to June 30, 1973, to the amount that results when the initial allowance that was received by those members is multiplied by the percentage set forth opposite the year of retirement or death in the following schedule: Period During Which Retirement or Death Occurred Percentage On or before June 30, 1958 ........................ 180.4 12 months ending June 30, 1959 ........................ 175.8 12 months ending June 30, 1960 ........................ 172.2 12 months ending June 30, 1961 ........................ 169.8 12 months ending June 30, 1962 ........................ 167.8 12 months ending June 30, 1963 ........................ 165.5 12 months ending June 30, 1964 ........................ 163.0 12 months ending June 30, 1965 ........................ 159.8 12 months ending June 30, 1966 ........................ 156.7 12 months ending June 30, 1967 ........................ 153.1 12 months ending June 30, 1968 ........................ 147.5 12 months ending June 30, 1969 ........................ 141.6 12 months ending June 30, 1970 ........................ 134.5 12 months ending June 30, 1971 ........................ 128.7 12 months ending June 30, 1972 ........................ 124.5 12 months ending June 30, 1973 ........................ 119.6 (b) For those retired members, disabled members, and beneficiaries receiving an allowance with an effective date prior to July 1, 1965, the initial allowance, for purposes of this section, shall be deemed to be the allowance payable on July 1, 1965. However, for purposes of determining the allowance payable under this section, the percentage corresponding to the actual year of retirement shall be applied. (Amended by Stats. 1996, Ch. 634, Sec. 249. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24408. Source version: id_d14e088b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) The minimum unmodified allowance, exclusive of annuities from accumulated annuity deposit and tax-sheltered contributions, of a person retired prior to January 1, 1981, shall be an amount equal to at least sixteen dollars ($16) per month multiplied by the years of credited service. This guaranteed amount shall be increased as of October 1, 1980, and shall be reduced by the amount of an unmodified allowance payable from a local system based on service credited under this part. If the retirement was effective at less than age 60 years, this allowance shall be reduced by one-half of 1 percent for each full month or fraction of a month that would have elapsed until the retired member would have reached age 60 years. If the retired member elected to have the allowance modified under Option 2 or 3, the increase in the retired member’s allowance shall be modified under the option selected. (b) The board may make lump sum payments for increases between October 1, 1980, and January 1, 1981. (Amended by Stats. 1996, Ch. 634, Sec. 250. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24409. Source version: id_d14e088d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= The minimum unmodified allowance, exclusive of annuities from accumulated annuity deposit and tax-sheltered contributions, of (a) a person who retired on or before December 31, 1981, (b) the option beneficiary of a person who retired on or before December 31, 1981, or (c) a person receiving a monthly allowance in lieu of the death benefit payable on account of the death of a member whose death occurred prior to July 1, 1972, shall be an amount equal to at least eighteen dollars ($18) per month multiplied by the years of credited service. This guaranteed amount is increased as of September 1, 1981, and is applicable to allowances paid on and after September 1, 1981. If the retirement was effective at less than age 60 years, this allowance shall be reduced by one-quarter of 1 percent for each full month or fraction of a month that would have elapsed until the retired member reached age 55 years, and the allowance shall be reduced by one-half of 1 percent for each full month or fraction of a month between age 55 and age 60 years. If the retired member elected to have his or her allowance modified under Option 2 or 3, the increase in the retired member’s allowance shall be modified under the option selected. (Amended by Stats. 1996, Ch. 634, Sec. 251. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24410. Source version: id_9baa033c-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) If projected final compensation is used to calculate the service retirement allowance following the termination of the disability allowance or if the disability allowance is continued as the lesser of the two allowance calculations under Section 24212 or 24213, then the original disability allowance effective date shall be retained as the base date for purposes of determining postretirement benefit increases. (b) If the disability allowance effective date is used pursuant to subdivision (a), then for purposes of determining supplemental benefits pursuant to Sections 24412 and 24415, the base allowance shall be determined as follows: (1) If the disability allowance is continued pursuant to Section 24212 or 24213, the base allowance shall be equal to the disability allowance prior to all allowance increases made pursuant to this part. (2) If the disability allowance is not continued pursuant to Section 24212 or 24213, the base allowance shall be based on the factors used to calculate the service retirement allowance, except that projected final compensation shall be replaced with the final compensation upon which the disability allowance was based. (3) The base allowance determined pursuant to this subdivision shall be modified for an option, if applicable. (c) This section shall be applicable for determining the base date for applicable postretirement increases made on or after January 1, 1982. (d) This section shall only apply to service retirements effective the day after the termination date of the disability allowance. (Amended by Stats. 2016, Ch. 218, Sec. 36. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24410.5. Source version: id_d14f8f31-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) Notwithstanding any provision of this part, including, but not limited to, subdivision (e) of Section 22664, the annual allowance payable on the effective date of this section to a retired member, an option beneficiary, or a surviving spouse receiving an allowance pursuant to either Section 23805 or 23855 shall not be less than the amount identified in the following schedule for the number of years of the member’s credited service under the Defined Benefit Program at the time of the member’s retirement, disability, or death, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, after the application of all allowances and allowance increases authorized by this part, including those specified in Sections 24412 and 24415, as those sections read on December 31, 1999, and excluding annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions: 20 years of credited service ........................ $15,000 21 years of credited service ........................ $15,500 22 years of credited service ........................ $16,000 23 years of credited service ........................ $16,500 24 years of credited service ........................ $17,000 25 years of credited service ........................ $17,500 26 years of credited service ........................ $18,000 27 years of credited service ........................ $18,500 28 years of credited service ........................ $19,000 29 years of credited service ........................ $19,500 30 years or more of credited service ........................ $20,000 (b) Notwithstanding subdivision (a), the amount identified in the schedule in subdivision (a) shall be reduced: (1) By 50 percent for a beneficiary receiving an allowance under Option 3 or Option 7. (2) By one-third for an option beneficiary receiving an allowance under Option 4 after the death of the member or for a member receiving an allowance under Option 4 after the death of the option beneficiary. (3) By 50 percent for an option beneficiary receiving an allowance under Option 5 after the death of the member or for a member receiving an allowance under Option 5 after the death of the option beneficiary. (4) By a percentage equal to 100 percent minus the percentage of the member’s modified allowance received by the option beneficiary for each option beneficiary receiving an allowance under Option 8. (5) By 60 percent for a surviving spouse receiving an allowance pursuant to subdivision (a) of Section 23805. (6) By 50 percent for a surviving spouse receiving an allowance pursuant to subdivision (c) of Section 23805 or Section 23855. (c) A member to whom a disability allowance is payable on January 1, 2000, who subsequently receives a service retirement allowance pursuant to Section 24213 shall, upon the retirement for service, receive an increase in the service retirement allowance pursuant to this section. (d) A member, beneficiary, or surviving spouse may receive an allowance pursuant to this section only if the member was an active member at the time of the member’s retirement, or death and, for those members who retired for service, the member retired on or after age 55, unless the member’s allowance was not subject to a reduction due to retirement prior to an age specified in this part. (e) A retired member, option beneficiary, or surviving spouse subject to this section shall receive the annual minimum allowance pursuant to this section unless the system receives in writing, on a form prescribed by the system, notification from the member, option beneficiary, or surviving spouse before May 1, 2000, of his or her election not to receive the increase provided under this section. (f) Benefits payable under this section shall be initially paid by the system on July 1, 2000. (Amended by Stats. 2000, Ch. 1026, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24410.6. Source version: id_4e0cfb8c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) Notwithstanding any provision of this part, including, but not limited to, subdivision (e) of Section 22664, and except as provided in subdivisions (b) and (c), the annual allowance payable on the effective date of this section to a retired member, an option beneficiary, or a surviving spouse receiving an allowance pursuant to either Section 23805 or 23855 shall not be less than the amount identified in the following schedule for the number of years of the member’s credited service under the Defined Benefit Program at the time of the member’s retirement, disability, or death, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, after the application of all allowances and allowance increases authorized by this part, including those specified in Sections 24412 and 24415, as those sections read on December 31, 2000, and excluding increases authorized by Section 24410.7 and annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions: 20 years of credited service ........................ $15,000 21 years of credited service ........................ $15,500 22 years of credited service ........................ $16,000 23 years of credited service ........................ $16,500 24 years of credited service ........................ $17,000 25 years of credited service ........................ $17,500 26 years of credited service ........................ $18,000 27 years of credited service ........................ $18,500 28 years of credited service ........................ $19,000 29 years of credited service ........................ $19,500 30 years or more of credited service ........................ $20,000 (b) Notwithstanding subdivision (a), the amount identified in the schedule in subdivision (a) shall be reduced: (1) By 50 percent for a beneficiary receiving an allowance under Option 3 or Option 7. (2) By one-third for an option beneficiary receiving an allowance under Option 4 after the death of the member or for a member receiving an allowance under Option 4 after the death of the option beneficiary. (3) By 50 percent for an option beneficiary receiving an allowance under Option 5 after the death of the member or for a member receiving an allowance under Option 5 after the death of the option beneficiary. (4) By a percentage equal to 100 percent minus the percentage of the member’s modified allowance received by the option beneficiary for each option beneficiary receiving an allowance under Option 8. (5) By 60 percent for a surviving spouse receiving an allowance pursuant to subdivision (a) of Section 23805. (6) By 50 percent for a surviving spouse receiving an allowance pursuant to subdivision (c) of Section 23805 or Section 23855. (c) A benefit shall be paid pursuant to this section if both of the following apply: (1) The retired member, the option beneficiary, or the surviving spouse had an allowance payable on January 1, 2000, and was not eligible to receive a benefit pursuant to Section 24410.5. (2) The retired member or the member whose service was the basis of the allowance payable to the option beneficiary or surviving spouse was one of the following: (A) A member who retired prior to the age of 55 years, provided the minimum allowance specified in subdivision (a) shall be reduced to an amount equal to that minimum allowance multiplied by the ratio of the percentage of final compensation per year of credited service on which the member’s initial allowance was based to 1.4. (B) A member who was paid a retirement allowance pursuant to Section 24211, 24212, or 24213, if the member’s credited service, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, was less than 20 years but whose projected service to normal retirement age, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, was equal to or greater than 20 years, provided that the minimum allowance payable shall be based on 20 years of credited service. (C) A member who retired as an inactive member. (D) A member who retired prior to March 21, 1974, with 19.5 years or more of credited service, provided that the minimum allowance payable shall be based on 20 years of credited service. (E) A member who retired on or after March 21, 1974, and prior to January 1, 2000, and whose credited service, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, was less than 20 years, but whose credited service, excluding service credited pursuant to Sections 22714, 22715, and 22826, but including service credited pursuant to Section 22717, was equal to or greater than 20 years, provided that the minimum allowance payable shall be based on 20 years of credited service. (F) A member whose credited service, excluding service credited pursuant to Sections 22714, 22715, and 22826, but including credited service that a court has ordered be awarded to the member’s nonmember spouse pursuant to Section 22652, equaled at least 20 years, provided that the amount payable to the member pursuant to this section shall be based on the amount of service credited to the member, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, and the amount awarded to the nonmember spouse, and further provided that the minimum allowance specified in subdivision (a) shall be reduced to an amount equal to that minimum allowance multiplied by the ratio of (i) the amount of service credited to the member, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, to (ii) the sum of the amount of service credited to the member, excluding service credited pursuant to Sections 22714, 22715, 22717, and 22826, and the amount awarded to the nonmember spouse. (d) A benefit shall be paid pursuant to this section to a retired member receiving a benefit pursuant to Section 24410.5 if (1) the member meets the criteria of subparagraph (F) of paragraph (2) of subdivision (c), and (2) the allowance payable under that subparagraph, after the application of all allowances and allowance increases authorized by this part, including those specified in Sections 24412 and 24415, is greater than the allowance payable under Section 24410.5, after the application of all allowances and allowance increases authorized by this part, including those specified in Sections 24412 and 24415. (e) A retired member, option beneficiary, or surviving spouse subject to this section shall receive the annual minimum allowance pursuant to this section unless the system receives in writing, on a form prescribed by the system, notification from the member, option beneficiary, or surviving spouse of his or her election not to receive the increase provided under this section. (f) Benefits payable under this section shall be initially paid by the system on or before September 1, 2001. (g) The amendments to this section made by the act adding this subdivision does not constitute a change in, but is declaratory of, the existing law. (Amended by Stats. 2006, Ch. 654, Sec. 9. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24410.7. Source version: id_b07ddf54-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) The monthly allowance payable on the effective date of this section, excluding annuities payable from accumulated annuity deposit contributions and tax-sheltered annuity contributions and benefits payable pursuant to Sections 24410.5 and 24410.6, to retired members and nonmember spouses, disabled members, and beneficiaries, including option beneficiaries, shall be increased by the percentage set forth opposite the applicable period during which retirement, disability, or death occurred set forth in the following schedule: Period during which retirement, disability, or death occurred: Percentage: 36 months ending Dec. 31, 2000 0.0% 12 months ending Dec. 31, 1997 1.0% 24 months ending Dec. 31, 1996 2.0% 60 months ending Dec. 31, 1994 3.0% 60 months ending Dec. 31, 1989 4.0% 120 months ending Dec. 31, 1984 5.0% Dec. 31, 1974 or earlier 6.0% (b) The increase provided pursuant to this section is in addition to any payments received by a retired member or nonmember spouse, disabled member, or beneficiary, including an option beneficiary, under Section 24415. (c) If the monthly allowance payable is adjusted after the effective date of this section, the percentage increase applied on the effective date of this section shall be applied to the adjusted monthly allowance payable. (d) Benefits payable under this section shall be initially payable by the system on or before July 1, 2001. (Amended by Stats. 2007, Ch. 323, Sec. 15. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24410.8. Source version: id_45a60aa2-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) The quarterly supplemental payments made from the Supplemental Benefit Maintenance Account pursuant to Section 24415 as of July 1, 2023, shall be increased as follows: Period during which retirement, disability, or death occurred: Percentage increase: After Dec. 31, 1998 0.0% Between Jan. 1, 1990, and Dec. 31, 1998 5.0% Between Jan. 1, 1980, and Dec. 31, 1989 10.0% Prior to Jan. 1, 1980 15.0% (b) The increase provided by this section shall be determined on July 1, 2023, by applying the applicable percentage to the sum of the monthly allowance, including all allowance increases authorized by this part, and excluding annuities payable from accumulated annuity deposit contributions and tax-sheltered annuity contributions, and the monthly equivalent of any purchasing power payments made pursuant to Section 24415. (c) Two percent of the amount determined pursuant to subdivision (b) shall be added to the increase provided by subdivision (a) each year commencing on July 1, 2024. This amount shall not be compounded. (d) The increases provided pursuant to this section shall be paid quarterly and are in addition to any payments received by a retired member or nonmember spouse, disabled member, or beneficiary, including an option beneficiary, under Section 24415. (e) If the monthly allowance payable is adjusted after the effective date of this section, the percentage increase applied on the effective date of this section shall be applied to the adjusted monthly allowance payable. (f) The increases provided by this section are not part of the base allowance and will be payable only to the extent that funds are available from the Supplemental Benefit Maintenance Account as provided pursuant to Section 24415. (g) The increases authorized by this section are vested only up to the amount payable as a result of the annual appropriation made pursuant to Section 22954, the application of Section 24415, and the adjustments made by the board pursuant to Section 24415.5. (h) Benefits payable under this section shall be initially payable by the system on July 1, 2023. (Added by Stats. 2022, Ch. 818, Sec. 1. (SB 868) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24412. Source version: id_70c06b3c-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) The annual revenues deposited to the Teachers’ Retirement Fund pursuant to Section 6217.5 of the Public Resources Code are continuously appropriated without regard to fiscal year for the purposes of this section and shall be distributed annually in quarterly supplemental payments commencing on September 1 of each year to retired members, disabled members, and beneficiaries under the Defined Benefit Program. The amount available for distribution in any year shall be the income for that year from the sale or use of school lands and lieu lands, as estimated by the State Lands Commission prior to the beginning of the fiscal year, adjusted by the difference between the estimated and actual income for the preceding fiscal year. The board shall deduct from the revenues an amount necessary for administrative expenses to implement this section. (b) The net revenues to be distributed shall be allocated among those retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, whose allowances under the Defined Benefit Program, after applying the annual improvement factor as defined in Section 22140, if any, are below 80 percent of the purchasing power of the base allowance. The purchasing power calculation for each individual allowance shall be based on the change in the All Urban California Consumer Price Index between June of the calendar year of retirement and June of the fiscal year preceding the fiscal year of the distribution. The allocation shall provide a pro rata share of the amount needed to restore the allowance payable, after application of the current year annual improvement factor to 80 percent of the purchasing power of the base allowance. (c) The allowance increase shall not be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. (d) In any year that the net revenues from school lands and lieu lands is greater than that needed to adjust the allowances of all retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, under the Defined Benefit Program to 80 percent of the purchasing power of the base allowance, the net revenues in excess of that needed for distribution shall be used by the board to reduce the unfunded actuarial obligation of the fund, if any. (e) The board shall inform each recipient of supplemental payments under this section that the increases are not cumulative and are not part of the base allowance. (Amended by Stats. 2014, Ch. 755, Sec. 67. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24413. Source version: id_d155a9be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= Notwithstanding Section 24412, revenues from school lands or lieu lands related to the claim of the State of California to the school lands within the area referred to as the Elk Hills Naval Petroleum Reserve, shall be deposited in the Supplemental Benefit Maintenance Account. (Amended by Stats. 1997, Ch. 939, Sec. 5. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24415. Source version: id_61ec5a7c-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) The proceeds of the Supplemental Benefit Maintenance Account shall be distributed annually in quarterly supplemental payments commencing on September 1, 1990, to retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107. The amount available for distribution in a fiscal year pursuant to this section shall not exceed the amount necessary to restore purchasing power up to 85 percent of the purchasing power of the base allowance, after the application of all allowance increases authorized by this part, including those specified in Section 24412, and excluding those provided pursuant to Sections 24410.5, 24410.6, 24410.7, and 24410.8. (b) The net revenues to be distributed shall be allocated among those retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, whose allowances, after sequentially applying the annual improvement factor as defined in Sections 22140 and 22141, and the annual supplemental payment as specified in Section 24412, have the lowest purchasing power percentage. The purchasing power calculation for each individual shall be based on the change in the All Urban California Consumer Price Index between June of the calendar year of retirement and June of the fiscal year preceding the fiscal year of distribution. In any year in which the purchasing power of the allowances of all retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, equals not less than 85 percent and additional funds remain from the allocation authorized by this section, those funds shall remain in the Supplemental Benefit Maintenance Account for allocation in future years. (c) The allowance increase shall not be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. (d) The increases provided by subdivision (b) are not cumulative, not part of the base allowance, and will be payable only to the extent that funds are available from the Supplemental Benefit Maintenance Account. The board shall inform each recipient of the contents of this subdivision. (e) The adjustments authorized by this section are vested only up to the amount payable as a result of the annual appropriation made pursuant to Section 22954 and the adjustments made by the board pursuant to Section 24415.5. The adjustments authorized by this section shall not be included in the base allowance for purposes of calculating the annual improvement factor defined by Sections 22140 and 22141. (f) For purposes of restoring the purchasing power of benefits provided pursuant to Section 24410.5 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between January 2000 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (g) For purposes of restoring the purchasing power of benefits provided pursuant to Sections 24410.6 and 24410.7 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between January 2001 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (h) For purposes of restoring the purchasing power of benefits provided pursuant to Section 24410.8 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between June 2023 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (Amended by Stats. 2022, Ch. 818, Sec. 2. (SB 868) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24415.5. Source version: id_e24b79cb-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) Notwithstanding any other provision of this chapter, the board shall adjust the purchasing power protection benefits payable pursuant to Sections 24415, 24416, and 24417 in accordance with subdivisions (b) and (c) of this section. (b) If the board, in adopting the actuarial projection described in subdivision (a) of Section 22954.1, determines that the annual transfers to the Supplemental Benefit Maintenance Account described in Section 22954, combined with all other anticipated sources of income to the account, are likely to be less than sufficient over the term established by the board to continue providing the purchasing power protection being provided at the time of the projection, it shall identify the maximum level of purchasing power protection benefits that it expects to be sustainable over that term, as specified in subdivision (c) of Section 22954.1. The board, upon making the determination specified in subdivision (c) of Section 22954.1, shall reduce the purchasing power protection benefits payable pursuant to Sections 24415, 24416, and 24417 to the maximum sustainable level identified under this subdivision, except that these benefits shall not be adjusted below the 80 percent purchasing power protection level unless the board has made the determination of insufficient funds described in subdivision (a) of Section 24416. (c) If the board, in adopting the actuarial projection described in subdivision (a) of Section 22954.1, determines that the annual transfers to the Supplemental Benefit Maintenance Account described in Section 22954, combined with all other anticipated sources of income to the account, are likely to be more than sufficient over the term established by the board to continue providing the purchasing power protection being provided at the time of the projection, it shall identify the maximum level of purchasing power protection benefits that it expects to be sustainable over that term, as specified in subdivision (b) of Section 22954.1. The board, upon making the determination specified in subdivision (b) of Section 22954.1, shall increase the purchasing power protection benefits payable pursuant to Sections 24415, 24416, and 24417 to the maximum sustainable level identified under this subdivision, except that these benefits shall not be adjusted above the 85 percent purchasing power protection level. (d) If the board identifies, pursuant to subdivision (b) of Section 22954.1, that the maximum level of purchasing power protection benefits it expects to be sustainable over the term established by the board is greater than the 85 percent level, it shall develop one or more proposals for options for the use of the anticipated Supplemental Benefit Maintenance Account moneys in excess of those believed to be necessary to sustain purchasing power protection benefits at the 85 percent level over the term established by the board. The options that the board proposes for use of these moneys shall be for the exclusive benefit of members and beneficiaries, and at least one of these proposed options shall be an increase in benefits for any surviving members who retired prior to January 1, 1999, and any surviving beneficiaries of members who retired prior to January 1, 1999. The board shall either include a summary of these proposed options in the report described in subdivision (f) of Section 22954.1 or, within 60 days after submission of that report, submit a separate letter to the recipients of the report described in subdivision (f) of Section 22954.1 that contains a summary of these proposed options. The board shall also submit a summary of these proposed options to the Governor. (e) The board shall adopt and, after such adoption, may amend and repeal regulations concerning its powers described in this section, and it shall file these regulations, and amended and repealed regulations, with the Secretary of State. The adoption, amendment, or repeal of a regulation authorized by this section is hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2008, Ch. 751, Sec. 14. Effective September 30, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24416. Source version: id_e29f8d3d-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) If the board determines by June 30 of the then current fiscal year that the Supplemental Benefit Maintenance Account will not have sufficient funds to provide purchasing power protection benefits, as established in this chapter, of at least 80 percent for the subsequent fiscal year, the board, for that year, may do either, or a combination of the following: (1) Increase the employer contribution rate commencing in the next fiscal year by an amount that would provide sufficient funds for no more than the estimated difference between the funds in the Supplemental Benefit Maintenance Account and the amount needed to pay the benefit level specified by the board, provided the benefit level is no more than 85 percent. Notwithstanding any other provision of this part, the increase in the employer contribution rate shall only become operative if the increase is approved or authorized in the Budget Act. (2) Reduce the supplemental benefit payment for the subsequent fiscal year to the amount that can be funded by the available funds in the Supplemental Benefit Maintenance Account. (b) If the board finds that there is no unfunded obligation, as determined by the board’s professional consulting actuary and affirmed by the Director of Finance, then in addition to the authority pursuant to subdivision (a), the board may transfer to an auxiliary Supplemental Benefit Maintenance Account, from any funds that are in excess of the amount needed to fund fully the benefits for which the Teachers’ Retirement Fund is liable, an amount that would provide sufficient funds for no more than the estimated difference between the funds in the Supplemental Benefit Maintenance Account and the amount needed to pay the benefit level specified by the board, provided the benefit level is no more than 85 percent. (c) If the board increases the employer contribution rate pursuant to paragraph (1) of subdivision (a), the increase between the current fiscal year contribution rate and the contribution rate in the next fiscal year, shall not exceed one-quarter of 1 percent of the creditable compensation upon which contributions are based. (Amended by Stats. 2008, Ch. 751, Sec. 15. Effective September 30, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 29. Benefit Maintenance [24400 - 24417] SECTION 24417. Source version: id_64698f7e-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=29.&article= (a) The proceeds of an auxiliary Supplemental Benefit Maintenance Account shall be distributed annually in quarterly supplemental payments, commencing when funds in the Supplemental Benefit Maintenance Account are insufficient to support 85 percent, to retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107. The amount available for distribution in any fiscal year shall not exceed the amount necessary to restore purchasing power up to 85 percent of the purchasing power of the initial monthly allowance after the application of all allowance increases authorized by this part, including those specified in Sections 24412 and 24415, and excluding those provided pursuant to Sections 24410.5, 24410.6, 24410.7, and 24410.8. (b) The net revenues to be distributed shall be allocated among those retired members, disabled members, and beneficiaries, as defined in subdivision (a) of Section 22107, whose allowances, after sequentially applying the annual improvement factor as defined in Sections 22140 and 22141, and the annual supplemental payment as specified in Sections 24412 and 24415, have the lowest purchasing power percentage. The purchasing power calculation for each individual shall be based on the change in the All Urban California Consumer Price Index between June of the calendar year of the benefit effective date and June of the fiscal year preceding the fiscal year of distribution. (c) The allowance increase shall not be applicable to annuities payable from the accumulated annuity deposit contributions or the accumulated tax-sheltered annuity contributions. (d) The increases provided by subdivision (b) are not cumulative, nor part of the base allowance, and will be payable only to the extent that funds are available from the Supplemental Benefit Maintenance Account and the auxiliary Supplemental Benefit Maintenance Account. The board shall inform each recipient of the contents of this subdivision. (e) The distributions authorized by this section are vested only up to the amount payable as a result of the annual appropriation made pursuant to Section 22954 and the adjustments made by the board pursuant to Section 24415.5. The distributions authorized by this section shall not be included in the base allowance for purposes of calculating the annual improvement factor defined by Sections 22140 and 22141. (f) For purposes of restoring the purchasing power of benefits provided pursuant to Section 24410.5 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between January 2000 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (g) For purposes of restoring the purchasing power of benefits provided pursuant to Sections 24410.6 and 24410.7 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between January 2001 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (h) For purposes of restoring the purchasing power of benefits provided pursuant to Section 24410.8 for members and beneficiaries receiving benefits pursuant to subdivision (b), the purchasing power calculation shall be based on 85 percent of the change in the All Urban California Consumer Price Index between June 2023 and June of the fiscal year preceding the fiscal year of distribution, after the application of increases authorized by Section 24412. (Amended by Stats. 2022, Ch. 818, Sec. 3. (SB 868) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22200. Source version: id_a57f634c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The plan and the system are administered by the Teachers’ Retirement Board. On and after January 1, 2004, the members of the board are as follows: (1) The Superintendent of Public Instruction. (2) The Controller. (3) The Treasurer. (4) The Director of Finance. (5) Three persons who are either members of the Defined Benefit Program or participants in the Cash Balance Benefit Program, as follows: (A) One person who, at the time of election, is an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, in a position other than a school administrator that requires a services credential with a specialization in administrative services. This member shall be elected by the active members of the Defined Benefit Program and active participants of the Cash Balance Benefit Program who are employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or county office of education, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004. (B) One person who, at the time of election, is an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education. This member shall be elected by the active members of the Defined Benefit Program and active participants of the Cash Balance Benefit Program who are employed by a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004. (C) One person who, at the time of election, is a community college instructor and an active member of the Defined Benefit Program or an active participant of the Cash Balance Benefit Program employed by a community college district, who shall be elected by the active community college members of the Defined Benefit Program and the active community college participants of the Cash Balance Benefit Program, pursuant to regulations adopted by the board, for a four-year term commencing on January 1, 2004. (6) Five persons appointed by the Governor for a term of four years, subject to confirmation by the Senate, as follows: (A) One person who, at the time of appointment, is a member of the governing board of a school district or a community college district. (B) One person who is either a retired member under this part or a retired participant under Part 14 (commencing with Section 26000). (C) Three persons representing the public, whose terms shall be staggered by varying the first terms of these members, as follows: (i) One person to a term expiring December 31, 2005. (ii) One person to a term expiring December 31, 2006. (iii) One person to a term expiring December 31, 2007. (b) A person who is employed to perform creditable service by a community college district and either a school district that provides instruction for prekindergarten, kindergarten, or grades 1 to 12, inclusive, or a county office of education, may only be elected to the position on the board that corresponds to the position in which he or she accrued the most service credit during the prior school year. (c) The members of the board shall annually elect a chairperson and vice chairperson. (Amended by Stats. 2007, Ch. 323, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22200.5. Source version: id_d0c17fb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The board shall conduct the elections of members described in Section 22200 pursuant to regulations adopted by the board. (b) The board shall hold special elections to fill vacancies that occur during the term of the elected members of the board. If, at the time a vacancy occurs, the unexpired term is less than two years, the new member elected to fill the vacancy shall hold office for a period equal to the remainder of the term of the vacated office plus four years. (c) The regulations adopted by the board pursuant to this section and Section 22200 shall not be subject to Article 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (d) The regulations adopted by the board shall provide that the elections be conducted in the most cost-effective manner deemed feasible. The board, where practicable, shall consolidate election mailings with other mailings and shall address any other feasible cost-saving measures. (Added by Stats. 2002, Ch. 1049, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22201. Source version: id_d0c17fb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The board shall set policy and shall have the sole power and authority to hear and determine all facts pertaining to application for benefits under the plan or any matters pertaining to administration of the plan and the system. (b) The board shall meet at least once every calendar quarter at such times as it may determine. The meetings shall be presided over by the chairperson. In the event of the chairperson’s absence from a meeting the vice chairperson shall act as presiding officer and perform all other duties of the chairperson. (Amended by Stats. 1998, Ch. 965, Sec. 19. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22201.2. Source version: id_d0c30655-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= A quorum of the board shall consist of the majority of the board members. In determining whether or not a quorum is present, vacant positions on the board shall not be considered. The concurrence of the majority of the board members present shall be necessary to the validity of any action taken by the board. (Added by Stats. 1996, Ch. 634, Sec. 44. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22201.3. Source version: id_d0c30657-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The chief executive officer of the system shall act as secretary of the board and shall have charge of all board correspondence and shall keep a record of board proceedings. (Added by Stats. 1996, Ch. 634, Sec. 45. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22202. Source version: id_d0c30659-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board has exclusive control of the administration of the funds. No transfers or disbursements of any amount from the funds shall be made except upon the authorization of the board for the purpose of carrying into effect the provisions of this part and Part 14 (commencing with Section 26000). (Amended by Stats. 1998, Ch. 1048, Sec. 6. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22203. Source version: id_d0c3065b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board has exclusive control of the investment of the Teachers’ Retirement Fund. Except as otherwise restricted by the California Constitution and by law, the board may in its discretion invest the assets of the fund through the purchase, holding, or sale thereof of any investment, financial instrument, or financial transaction when the investment, financial instrument, or financial transaction is prudent in the informed opinion of the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22203.5. Source version: id_d0c3065d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) All investment transaction decisions made during a closed session, pursuant to paragraph (16) of subdivision (c) of Section 11126 of the Government Code, shall be by rollcall vote entered into the minutes of that meeting. (b) The board, within 12 months of the close of an investment transaction or the transfer of system assets for an investment transaction, whichever occurs first, shall disclose and report the investment at a public meeting. (Amended by Stats. 2003, Ch. 859, Sec. 4. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22204. Source version: id_d0c3065f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= Each member of the board may administer oaths and affirmations to witnesses and others transacting the business of the system. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22205. Source version: id_d0c30661-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board has the authority to negotiate, and enter into agreements with other states of the United States on the subject of the transfer of members’ contributions and regular interest between the retirement systems of California and other states. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22206. Source version: id_d0c48d03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) As often as the board determines necessary, it may audit or cause to be audited the records of any public agency. (b) The board may excuse any audit finding provided all of the following conditions are met: (1) The audit finding relates to a period of time prior to July 1, 2002. (2) The audit finding identifies an issue that is not in compliance with the provisions of this part with respect to creditable service or creditable compensation. (3) The noncompliance would not have existed if the service and compensation crediting changes that shall become operative on July 1, 2002, as a result of legislation enacted during the second year of the 1999–2000 Regular Session, had been operative during the period of time investigated in the audit. (4) The audit finding was included in an audit report issued on or after January 1, 2001. (5) Excusing the audit finding will not have an adverse effect on the integrity of the retirement fund. (c) The board’s authority pursuant to subdivision (b) shall extend to service and compensation issues identified through activities outside the audit function that address compliance with the provisions of this part. (Amended by Stats. 2000, Ch. 1021, Sec. 13. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22206.1. Source version: id_db2745e0-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) Before auditing, or causing to be audited, the records of a public agency pursuant to Section 22206, the board shall provide written notice of the intended audit to the affected public agency as well as to the exclusive representative or representatives, if any, of members that may be affected by the audit, and this notice shall apprise the public agency and the exclusive representative or representatives, if any, of the purpose and scope of the intended audit. For purposes of carrying out the provisions of this section and Section 22206.2, the public agency shall be responsible for providing the board with the name and contact information for all applicable exclusive representatives. (b) An audited public agency shall cooperate in good faith with the board and provide all information requested by the board in a timely manner. The public agency, at the time it provides information to the board, shall also provide all the information to the exclusive representative or representatives, if any, of the members affected by the audit. (c) An audited public agency and the exclusive representative or representatives, if any, of the members affected by the audit may provide the board with additional information relevant to the audit, and the board shall consider this information in preparing its audit findings. (d) Prior to issuing its final audit report, the board shall provide to the audited public agency and to the exclusive representative or representatives, if any, of the members affected by the audit, the preliminary audit findings, the statutes being addressed by the audit, and a list of every member then known by the board to be affected by the audit. Within a period to be specified by the board, which shall not be less than 60 days, the recipients may provide the board their written responses to the preliminary audit findings and the board shall consider their responses in preparing its final audit report. (e) Within a period specified by the board of not less than 60 days, the public agency shall provide the board and the exclusive representative a list of the names of any members affected by the audit not included in the list provided by the board pursuant to subdivision (d). (f) Except as provided in this section, this section does not confer additional rights upon the exclusive representative, including, but not limited to, due process rights. (Added by Stats. 2022, Ch. 754, Sec. 2. (AB 1667) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22206.2. Source version: id_deb4b262-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The board shall provide the final audit report to the public agency audited pursuant to Section 22206 and to the exclusive representative or representatives, if any, of the members affected by the audit, and shall provide the audited public agency with an explanation of its appeal rights pursuant to Section 22206.3. (b) Following the notification by the public agency of the members affected by the audit pursuant to subdivisions (d) and (e) of Section 22206.1, the board shall provide the final audit report, with an explanation of appeal rights pursuant to Section 22206.4, to each member affected by the audit. (c) If a member is later known to have been affected by an audit, the board shall provide a copy of the final audit report and an explanation of appeal rights pursuant to Section 22206.4 to that member or former member, or their beneficiaries if the member or former member is deceased. (d) Except as provided in this section, this section does not confer additional rights upon the exclusive representative, including, but not limited to, due process rights. (Added by Stats. 2022, Ch. 754, Sec. 3. (AB 1667) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22206.3. Source version: id_e2372264-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) If the public agency audited pursuant to Section 22206 disagrees with the final audit report, it may request an administrative hearing pursuant to Section 22219. The request shall be made in writing and be mailed or emailed to the address identified in the final audit report within 90 days of the board’s transmission of the final audit report to the public agency as provided in Section 22206.2. (b) If the audited public agency fails to request an administrative hearing within the time provided in subdivision (a), the right to an administrative hearing shall be deemed waived, and the findings of the final audit report shall be deemed the board’s final determination as to that public agency. (Added by Stats. 2022, Ch. 754, Sec. 4. (AB 1667) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22206.4. Source version: id_e568b346-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) If a member affected by an audit disagrees with the final audit report, the member may request an administrative hearing pursuant to Section 22219. The request shall be made in writing and be mailed or emailed to the designated address identified in the final audit report within 90 days of the board’s transmission of the final audit report to the member, as provided in Section 22206.2. (b) If a member affected by the audit fails to request an administrative hearing within the time provided in subdivision (a), the member’s right to an administrative hearing shall be deemed waived, and the findings of the final audit report shall be deemed the board’s final determination as to that member. (Added by Stats. 2022, Ch. 754, Sec. 5. (AB 1667) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22206.5. Source version: id_e8800568-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The system shall make all final employer audit reports available on its internet website. Personal information regarding members shall be excluded to the extent necessary to protect their privacy. (Added by Stats. 2022, Ch. 754, Sec. 6. (AB 1667) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22207. Source version: id_a5d2172e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board shall perform any other acts necessary for the administration of the system and the plan in carrying into effect the provisions of this part and Part 14 (commencing with Section 26000), which may include, but shall not be limited to, requesting the following information from a member, participant, or beneficiary: (a) Financial statements, certified copies of state and federal income tax records, or evidence of financial status. (b) Employment, legal, or medical documentation. (Amended by Stats. 2007, Ch. 323, Sec. 3. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22208. Source version: id_d0c48d07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board may appoint a committee of two or more of its members to perform any act within the power of the board itself to perform. The board may also delegate authority to the chief executive officer to perform any such act. Except where the board, in delegating that authority, provides that the committee or the chief executive officer may act finally, all acts of the committee or the chief executive officer shall be reported to the board at its next regular meeting and shall be subject to review, ratification, or reversal by the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22209. Source version: id_d0c613a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The office of chief executive officer shall be filled by appointment by the board and the appointee shall serve at the pleasure of the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22210. Source version: id_d0c613ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) Reversal by the board of any act of the committee or the chief executive officer shall be effective on the date fixed by the board. (b) Payment of benefits prior to the board’s action of reversal may not be affected by such an action, except for the recovery of the amounts paid, from the beneficiary receiving the amounts, as the board may direct. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22212. Source version: id_d0c613ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board shall appoint such employees as are necessary to administer the plan and the system. (Amended by Stats. 1998, Ch. 965, Sec. 21. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22212.5. Source version: id_b333d198-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) Except as otherwise provided in subdivision (d), this section shall apply to the following positions in the system: a chief executive officer, a chief operating officer, a chief financial officer, a system actuary, a general counsel, a chief investment officer, and other investment officers and portfolio managers whose positions are designated managerial pursuant to Section 18801.1 of the Government Code. (b) Notwithstanding Sections 19825, 19826, 19829, and 19832 of the Government Code, the board shall fix the compensation for the positions specified in subdivision (a). In so doing, the board shall be guided by the principles contained in Sections 19826 and 19829 of the Government Code, consistent with its fiduciary responsibility to its members to recruit and retain highly qualified and effective employees for these positions. The annual percentage increase in salary that may be paid pursuant to this section to a person who served as chief financial officer or as chief operating officer on January 1, 2016, and who does not separate from service in that position prior to the date on which the increase is applied, shall not exceed either of the following: (1) Ten percent for the 2017–18 fiscal year. (2) Five percent for any fiscal year subsequent to 2017–18. (c) When a position specified in subdivision (a) is filled through a general civil service appointment, it shall be filled from an eligible list based on an examination that was held on an open basis, and tenure in those positions shall be subject to the provisions of Article 2 (commencing with Section 19590) of Chapter 7 of Part 2 of Division 5 of Title 2 of the Government Code. In addition to the causes for action specified in that article, the board may take action under the article for causes related to its fiduciary responsibility to its members, including the employee’s failure to meet specified performance objectives. (d) An individual who held a position designated in subdivision (a), was a member of the board, or was in a career executive assignment position that reported directly to either the chief executive officer or the chief operating officer, shall not, for a period of two years after leaving that position, for compensation, act as agent or attorney for, or otherwise represent, any other person, except the state, by making any formal or informal appearance before or by making any oral or written communication to the board, or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing administrative or legislative action or any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, contract, or sale or purchase of goods or property. (Amended by Stats. 2016, Ch. 553, Sec. 1. (AB 736) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22213. Source version: id_d0c613b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board shall regulate the duties of employers, employing agencies, and other public authorities, imposed upon them by this part, and shall require reports from employers, employing agencies, and other public authorities, as it deems advisable in connection with the performance of its duties. (Amended by Stats. 2003, Ch. 859, Sec. 5. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22214. Source version: id_d0c613b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board may take any action it deems necessary to ensure the continued right of members or beneficiaries to receive monthly payments. (Amended by Stats. 1996, Ch. 634, Sec. 48. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22215. Source version: id_d0c613b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board shall determine the service performed by members to be credited toward qualification for retirement, and shall fix and modify allowances provided under this part. (Amended by Stats. 1996, Ch. 634, Sec. 49. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22216. Source version: id_d0c613b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The board shall annually adopt as a plan amendment with respect to the Defined Benefit Program the rate of credited interest to be credited to members’ accumulated retirement contributions for service performed after June 30, 1935, and the accumulated annuity deposit contributions excluding all accumulated contributions while being paid as disability allowances, family allowances, and retirement allowances. (b) The board shall credit interest to all other accumulated reserves at the actuarially assumed interest rate. (Amended by Stats. 1998, Ch. 965, Sec. 22. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22217. Source version: id_3b868daa-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The board shall employ a certified public accountant or public accountant, who is not in public employment, to audit the financial statements of the system. The costs of the audit shall be paid from the income of the retirement fund. The audit shall be made annually and the audit report shall be incorporated into the annual report filed with the Governor and the Legislature pursuant to Section 22324. (b) These audits shall not be duplicated by the Department of Finance or the State Auditor. The system shall be exempt from a pro rata general administrative charge for auditing. (Amended by Stats. 2006, Ch. 654, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22218. Source version: id_d0c79a5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board shall establish and maintain records and accounts following recognized accounting principles and controls. (Amended by Stats. 1996, Ch. 634, Sec. 50. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22219. Source version: id_d0c79a5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The board may in its discretion hold a hearing for the purpose of determining any question presented to it involving any right, benefit, or obligation of a person under this part. (b) When a hearing is held, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, relating to administrative adjudication, and the board shall have all of the powers granted in that chapter. However, the provisions of Section 11508 of the Government Code relating to the location of the hearing shall not apply, and the hearing shall be held at the time and place determined by the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22220. Source version: id_b357055c-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= In addition to the authority granted pursuant to Section 11181 of the Government Code, the board may subpoena witnesses and compel their attendance to testify before it. (Amended by Stats. 2012, Ch. 864, Sec. 3. (AB 2663) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22221. Source version: id_d0c79a63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board shall adopt, upon the recommendation of the actuary of the system, any mortality and other tables and interest rates necessary to do the following: (a) Permit valuation of the assets and liabilities of the system. (b) Make any determination or calculation necessary to carry out this part. (Amended by Stats. 1996, Ch. 634, Sec. 52. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22222. Source version: id_d0c79a65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The board may adjust the amounts of the death payments based on changes in the All Urban California Consumer Price Index, and shall adopt as a plan amendment with respect to the Defined Benefit Program any adjusted amount, provided that the most recent actuarial valuation report indicates that the adjustment would not increase the normal cost. (Amended by Stats. 1998, Ch. 965, Sec. 23. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22223. Source version: id_0a5fe31b-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= The members of the board who are not active members of the Defined Benefit Program or active participants of the Cash Balance Benefit Program and who are appointed by the Governor pursuant to Section 22200 shall receive one hundred dollars ($100) for every day of actual attendance at meetings of the board or any meeting of any committee of the board of which the person is a member, and that is conducted for the purpose of carrying out the powers and duties of the board, together with their necessary traveling expenses incurred in connection with performance of their official duties. (Amended by Stats. 2005, Ch. 351, Sec. 6. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22224. Source version: id_d0c79a69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= Members of the Defined Benefit Program and participants of the Cash Balance Benefit Program, who are either elected to the board or appointed to the board by the Governor pursuant to Section 22200, or who are appointed by the board to serve on a committee or subcommittee of the board or a panel of the system, shall be granted, by his or her employer, sufficient time away from regular duties, without loss of compensation or other benefits to which the person is entitled by reason of employment, to attend meetings of the board or any of its committees or subcommittees of which the person is a member, or to serve as a member of a panel of the system, and to attend to the duties expected to be performed by the person. (Amended by Stats. 2004, Ch. 11, Sec. 2. Effective January 28, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22225. Source version: id_d0c9210b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The compensation of the members of the Defined Benefit Program and participants of the Cash Balance Benefit Program who are either elected to the board or appointed to the board by the Governor pursuant to Section 22200, or who are appointed by the board to a committee or subcommittee, or to a panel of the system, may not be reduced by his or her employer for any absence from service occasioned by attendance upon the business of the board, pursuant to Section 22224. (b) Each employer that employs either a member of the Defined Benefit Program or a participant of the Cash Balance Benefit Program elected or appointed pursuant to Section 22224 and that employs a person to replace the member or participant during attendance at meetings of the board, its committees or subcommittees, or when serving as a member of a panel of the system, or when carrying out other duties approved by the board, shall be reimbursed from the retirement fund for the cost incurred by employing a replacement. (Amended by Stats. 2004, Ch. 11, Sec. 3. Effective January 28, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22226. Source version: id_d0c9210d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) The board shall conduct a study on providing health insurance benefits, including vision and dental care benefits, for active, disabled, and retired members, beneficiaries, children, and dependent parents. The health insurance may include vision and dental care. (b) The study shall include, but not be limited to, assessing the lack of access of health insurance benefits for retired teachers and shall evaluate the following: (1) The demand for health insurance benefits. (2) The integration of health insurance benefits and Medicare coverage. (3) The manner in which health insurance benefits would be administered and provided. (c) There is hereby appropriated from the Teachers’ Retirement Fund to the State Teachers’ Retirement Board the sum of two hundred thousand dollars ($200,000) conduct a study for the purposes identified in this section. If this study results in the implementation of health insurance benefits as described in subdivision (a), the State Teachers’ Retirement Board shall reimburse the sum of two hundred thousand dollars ($200,000) to the Teachers’ Retirement Fund from administrative fees charged to recipients of the health insurance benefits. (Added by Stats. 1998, Ch. 968, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22227. Source version: id_d0c9210f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= It is the intent of the Legislature that candidates for board seats described in paragraph (5) of subdivision (a) of Section 22200, including incumbent board members running for reelection, shall file campaign statements with the Secretary of State according to campaign reporting, contribution limits, and conflict of interest provisions of the Political Reform Act, adapted for the unique characteristics of elected member seats on state retirement system boards. (Added by Stats. 2004, Ch. 11, Sec. 4. Effective January 28, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 3. Retirement Board [22200 - 22228] SECTION 22228. Source version: id_73110b5e-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=3.&article= (a) Commencing March 1, 2023, and annually thereafter, the board shall submit a report to the Legislature on the status of achieving appropriate objectives and initiatives, as defined by the board, regarding participation of emerging or diverse managers responsible for asset management within its portfolio of investments. The report shall be based on contracts that the system enters into on and after January 1, 2022. (b) The report shall also identify and include both of the following: (1) The name of each emerging or diverse manager providing investment portfolio or asset management services at the end of the prior fiscal year, including, but not limited to, fund of funds contracts, for all asset classes, as applicable. The board shall also report the year the emerging or diverse manager was first engaged or contracted to provide investment portfolio or asset management services. (2) The amount managed by each emerging or diverse manager by asset class at the end of the prior fiscal year, as well as the total amount allocated by the system in the applicable asset class during the year and the total amount of the asset class in the system’s investment portfolio. (c) The board shall define the term “emerging manager” and “diverse manager” for purposes of this section. (d) The report required by this section shall be submitted in compliance with Section 9795 of the Government Code. (e) Nothing in this section shall require the board to take action unless the board determines in good faith that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution. (f) This section shall not require the board to disclose information that is excepted from disclosure under Section 7928.710 of the Government Code. (g) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2028, deletes or extends that date. (Amended by Stats. 2022, Ch. 28, Sec. 32. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 30. Subrogation [24500 - 24505] SECTION 24500. Source version: id_4606dbe8-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=30.&article= If a disability retirement allowance, disability allowance, family allowance, or survivor benefit allowance is payable under this part due to the injury to or death of a member and the injury or death is the proximate consequence of the act of a third person or entity, other than the member’s employer, the board may recover from that person or entity on behalf of the plan, an amount equal to the actuarial equivalent of benefits the system paid and became obligated to pay under the plan because of the injury to or death of the member less any amounts the system may be obligated to pay under the plan without regard to the actions of the third party. In determining the amount the system may be obligated to pay without regard to the actions of the third party, the system shall base the actuarial equivalent only on creditable compensation and service credit earned by the member prior to the date the disability retirement allowance, disability allowance, family allowance, or survivor benefit allowance becomes payable. This chapter shall be deemed to create a right of subrogation only to amounts the system paid and became obligated to pay as disability retirement allowances, disability allowances, family allowances, or survivor benefit allowances. (Amended by Stats. 2017, Ch. 298, Sec. 13. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 30. Subrogation [24500 - 24505] SECTION 24501. Source version: id_d158b70a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=30.&article= The board may act on its own or contract with the State Compensation Insurance Fund or Attorney General for recovery on behalf of the plan of any amounts recoverable from third persons under this chapter, Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of the Labor Code, Section 11662 of the Insurance Code, or otherwise. (Amended by Stats. 1996, Ch. 634, Sec. 257. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 30. Subrogation [24500 - 24505] SECTION 24502. Source version: id_d15a3dac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=30.&article= In the exercise of its rights under this part, the board or the agent under contract may commence or prosecute actions, file liens, intervene in court proceedings, join parties to the action and consolidate actions all in the same manner and to the same extent provided in Chapter 5 (commencing with Section 3850) of Part 1 of Division 4 of the Labor Code except that recovery shall not be made from benefits payable under this part because of the injury or death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 30. Subrogation [24500 - 24505] SECTION 24503. Source version: id_524bba6a-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=30.&article= The board may compromise claims before or after commencement of suit or entry of judgment for an amount as may be approved by a person duly authorized by the board for that purpose. (Amended by Stats. 2017, Ch. 298, Sec. 14. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 30. Subrogation [24500 - 24505] SECTION 24504. Source version: id_d15a3db0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=30.&article= Any amount recovered by way of subrogation by the board on behalf of the member, shall be applied first to the amount which the plan paid or is obligated to pay including court costs, attorney fees, and expenses. (Amended by Stats. 1996, Ch. 634, Sec. 258. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 30. Subrogation [24500 - 24505] SECTION 24505. Source version: id_d15a3db2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=30.&article= Actions brought by the board or its agent under contract pursuant to this chapter shall be commenced within three years after the liability of the system to pay benefits under the plan is fixed. Liability of the plan is fixed at the time the board approves the payment of benefits under this plan. (Amended by Stats. 1998, Ch. 965, Sec. 202. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24600. Source version: id_52472bb6-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) A retirement allowance under this part begins to accrue on the effective date of the member’s retirement and ceases on the earlier of the day of the member’s death or the day on which the retirement allowance is terminated for a reason other than the member’s death. (b) A retirement allowance payable to an option beneficiary under this part begins to accrue on the day following the day of the retired member’s death and ceases on the day of the option beneficiary’s death. (c) A disability allowance under this part begins to accrue on the effective date of the member’s disability allowance and ceases on the earlier of the day of the member’s death or the day on which the disability allowance is terminated for a reason other than the member’s death. (d) A family allowance under this part begins to accrue on the day following the day of the member’s death and ceases on the day of the event that terminates eligibility for the allowance. (e) A survivor benefit allowance payable to a surviving spouse under this part pursuant to Chapter 23 (commencing with Section 23850) begins to accrue on the day the member would have attained normal retirement age or on the day following the day of the member’s death, as elected by the surviving spouse, and ceases on the day of the surviving spouse’s death. (f) (1) Except as provided in paragraph (2), a child’s portion of an allowance under this part begins to accrue on the effective date of that allowance and ceases on the earlier of either the termination of the child’s eligibility or the termination of the allowance. (2) A child’s portion of a disability retirement allowance under Chapter 26 (commencing with Section 24100) ceases on the earlier of either: (A) The termination date of the child’s eligibility. (B) The termination of the allowance for reasons other than death. (g) Supplemental payments issued under this part pursuant to Sections 24412 and 24415 to retired members, disabled members, and beneficiaries shall begin to accrue pursuant to Sections 24412 and 24415 and shall cease to accrue as of the termination dates specified in subdivisions (a) to (f), inclusive, of this section. (h) Notwithstanding any other provision of this part or other law, distributions payable under the plan with respect to the Defined Benefit Program and the Defined Benefit Supplement Program shall be made in accordance with Section 401(a)(9) of the Internal Revenue Code of 1986 and related regulations. (1) In the case of a refund of contributions, as described in Chapter 18 (commencing with Section 23100) of this part and distribution of an amount equal to the balance of credits in a member’s Defined Benefit Supplement account, as described in Chapter 38 (commencing with Section 25000) of this part, payments shall commence not later than April 1 of the calendar year following the later of (A) the calendar year in which the member attains the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or (B) the calendar year in which the member terminates employment within the meaning of subdivision (i). (2) In the case of a retirement allowance, as defined in Section 22166, payments shall commence not later than April 1 of the calendar year following the later of (A) the calendar year in which the member attains the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or (B) the calendar year in which the member terminates employment within the meaning of subdivision (i), to continue over the life of the member or the lives of the member and the member’s option beneficiary, or over the life expectancy of the member or the life expectancy of the member and the member’s option beneficiary. (i) For purposes of subdivision (h), the phrase “terminates employment” means the later of: (1) The date the member ceases to perform creditable service subject to coverage under this plan. (2) The date the member ceases employment in a position subject to coverage under another public retirement system in this state if the compensation earnable while a member of the other system may be considered in the determination of final compensation pursuant to Section 22134 or 22134.5. (3) In the case of a monthly allowance resulting from the death of a member: (A) If the spouse is the sole beneficiary, payments shall commence not later than December 31 of the later of the calendar year in which the member would have attained the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or the calendar year following the calendar year of the member’s death. (B) If the spouse is not the sole beneficiary, payments shall commence not later than December 31 of the calendar year following the calendar year of the member’s death. (4) In the case of a distribution of the member’s accumulated retirement contributions resulting from the death of a member or beneficiary or other lump-sum death benefit that represents the member’s entire interest in the plan, including the death payment, payments shall be completed in accordance with Section 401(a)(9) of Title 26 of the United States Code and the regulations thereunder. (Amended by Stats. 2024, Ch. 117, Sec. 5. (AB 2770) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24601. Source version: id_d15bc458-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= Whenever the system determines that payments in the correct amount due cannot be made when payable because required information or documentation is not yet on file in the system, payment of estimated allowances based on preliminary information in the possession of the system may be made, the system may present claims therefore, and the Controller shall draw warrants in payment of the claims. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24602. Source version: id_6715c3c0-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= The board may establish a special account and procedures to pay, on an emergency basis, allowances, death payments, and up to 75 percent of the return of the balance of the accumulated retirement contributions as a result of termination of employment or death. Disbursements under the special account shall be by checks issued by the system and subject to the auditing requirements of the Controller. Payments under the special account shall be deducted from allowances, death benefits, and payment of accumulated retirement contributions, otherwise due. (Amended by Stats. 2022, Ch. 231, Sec. 1. (AB 1824) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24603. Source version: id_d15bc45c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= If any estimated allowances under this part are more or less than the correct amount due, the difference between the correct amount and the estimated allowance shall be adjusted in subsequent payments or the Controller may state an account with the retired member, disabled member, or beneficiary, pursuant to Section 12419 of the Government Code. (Amended by Stats. 1998, Ch. 965, Sec. 205. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24604. Source version: id_afa65588-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) A member, nonmember spouse, or beneficiary under this part shall specify whether monthly benefit payments are to be disbursed by one of the following: (1) Direct deposit (electronic funds transfer). (2) Direct mail to a financial or other institution. (3) Mailing to a payment address provided by the member, nonmember spouse, or beneficiary. (b) A member, nonmember spouse, or beneficiary under this part to whom a lump-sum payment or benefit is to be disbursed, and who is receiving payment for an ongoing benefit by electronic funds transfer, may have the lump-sum payment disbursed by electronic funds transfer to the financial institution on file for payment of the ongoing benefit. (c) A member, nonmember spouse, or beneficiary under this part who is not receiving payment for an ongoing benefit by electronic funds transfer and to whom a lump-sum payment or benefit is to be disbursed shall specify the address to which the payment shall be mailed. (d) The system shall make available an electronic copy of the benefit payment information to any member, nonmember spouse, or beneficiary under this part who receives a monthly benefit payment. (e) (1) The system may designate electronic delivery the default method of delivery of the benefit payment information, unless a member, nonmember spouse, or beneficiary under this part submits a written request as described in paragraphs (3) and (4). (2) The system shall notify the member, nonmember spouse, or beneficiary that he or she has the right to request that a copy of the benefit payment information be mailed. (3) If the system has received a written request from any member, nonmember spouse, or beneficiary under this part, the system shall mail a copy of the monthly benefit payment information to that person. (4) If the system has received a written request from any member, nonmember spouse, or beneficiary under this part, the system shall mail a copy of the benefit payment information to that person, only when there is an adjustment in the allowance due to an annual benefit enhancement, pursuant to Sections 22140 and 24402, or a change in any amount deducted from the allowance due to an adjustment to an income tax withholding tax table made by the Internal Revenue Service or the Franchise Tax Board. (f) A payment disbursed as specified by the member, nonmember spouse, or beneficiary under this part shall fully discharge the board, system, and plan from any claim resulting from actions taken under this section. (Amended by Stats. 2013, Ch. 558, Sec. 45. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24605. Source version: id_d15d4b00-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= Upon receipt of proof satisfactory to the board, that a warrant drawn in payment of a retirement allowance or in payment of any other account due from the plan under this part, has been lost or that payment transmitted electronically cannot be credited to an account, the Controller upon the request of the board shall issue a replacement warrant in payment of the same amount, without requiring a bond from the payee, and any loss incurred in connection therewith shall be charged against the fund from which the payment was derived. (Amended by Stats. 1998, Ch. 965, Sec. 207. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24606. Source version: id_a28ae07e-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) If any payment of contributions or accumulated contributions or benefits under this plan remains unclaimed and, after a good faith effort, the legal claimant cannot be found, the board shall redeposit the proceeds in the retirement fund, and shall hold the proceeds for the legal claimant without further accumulation of interest. The redeposit does not operate to establish the membership of the claimant in this plan. (b) Subdivision (a) applies to warrants drawn and canceled by the Controller and payments rejected via electronic funds transfer. Upon notice of cancellation or rejection, the proceeds revert to and become a part of the retirement fund, and shall be applied to meet the liabilities of the retirement fund. (c) The board may at any time after reversion of proceeds, as provided above to the retirement fund, and upon receipt of proper information satisfactory to it, return from the retirement fund an amount equal to those proceeds to the credit of the legal claimant. (Amended by Stats. 2016, Ch. 218, Sec. 37. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24607. Source version: id_d15d4b04-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= Any warrant in an amount less than two thousand dollars ($2,000) paid by the system under this part, for the month in which a retired member or disabled member dies, shall not be invalidated by the system, except upon the request of the beneficiary of the retired member or disabled member. (Amended by Stats. 1998, Ch. 965, Sec. 209. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24608. Source version: id_d15d4b06-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) Persons entitled to receive allowances under the plan under this part may authorize deductions to be made from those allowances, in accordance with procedures established by the board. (b) The board shall determine the additional cost involved in making deductions under this section, and may require the public agency, association, insurance carrier, or unit thereof to pay the amount of the additional cost to the board for deposit in the retirement fund to the credit of the Defined Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 210. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24609. Source version: id_d15d4b08-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= Any allowance payable under this part to a retired member, that has accrued and remains unpaid at the time of his or her death, shall be paid to either of the following: (a) The option beneficiary entitled to payment in accordance with an option elected by the member. (b) The beneficiary entitled to receive the lump-sum death benefit provided upon death of a retired member if the member has not elected an option. (Amended by Stats. 1998, Ch. 965, Sec. 211. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24610. Source version: id_d15ed1aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= Any disability allowance under this part that has accrued and remains unpaid to a disabled member at the time of death shall be paid to the person entitled to receive a family allowance under this part or, if none, to the beneficiary entitled to receive the death payment under this part. (Amended by Stats. 1998, Ch. 965, Sec. 212. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24611. Source version: id_d15ed1ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= Part 5 (commencing with Section 220) of Division 2 of the Probate Code, when applicable, shall govern the distribution of the proceeds of any death benefit payable under this part. In applying Part 5 (commencing with Section 220) of Division 2 of the Probate Code with respect to proceeds payable to a beneficiary, membership shall be considered as having the same status as an insurance policy issued after December 31, 1984. (Amended by Stats. 1996, Ch. 634, Sec. 268. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24612. Source version: id_d15ed1ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) If any person entitled to a benefit from the plan under this part is a minor who has no guardian of his or her estate, the benefit, not to exceed two thousand dollars ($2,000), may be paid to the person entitled to the custody of the minor to hold for the minor, upon the written statement, duly acknowledged and verified, of the person that the total estate of the minor does not exceed two thousand five hundred dollars ($2,500) in value. (b) The payment shall constitute full discharge of any and all liabilities of the board, system, and plan. (c) The person shall account to the minor for the money when the minor reaches the age of majority. (d) Notwithstanding any other provision of this section, a natural parent or an adoptive parent having custody of the minor shall not be required to establish a guardianship for the purpose of collecting a survivor benefit, family benefit, or death benefit under this part. (Amended by Stats. 1998, Ch. 965, Sec. 213. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24613. Source version: id_b14893da-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) Payment pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons under this part constitutes a complete discharge and release of the board, system, and plan from liability for that payment. (b) Notwithstanding Sections 751 and 1100 of the Family Code relating to community property interests, whenever payment or refund is made by this system to a member, former member, or beneficiary of a member pursuant to this part, the payment shall fully discharge the board, system, and plan from all adverse claims thereto unless, before payment is made, a written notice of adverse claim is received at the system’s headquarters office. (Amended by Stats. 2013, Ch. 558, Sec. 46. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24613.5. Source version: id_d89115c2-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= The board shall not be required to determine the powers of a trustee or the validity of a trust or of any of the terms of a trust that is elected as a beneficiary, option beneficiary, or other payee under the plan. Such a determination by the board shall not be inferred from the fact that a member or trustee has provided a copy of all or part of the trust instrument. The acknowledged certification pursuant to Section 22450 by the member or trustee that the trustee has the powers declared therein and that the trust meets the requirements described in this part and Part 14 shall be conclusive. Payment of benefits to a trust pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of the trust to receive a benefit under this part constitutes a complete discharge and release of the board, system, and plan from liability for the benefit. (Added by Stats. 2016, Ch. 559, Sec. 11. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24614. Source version: id_d15ed1b2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) This section shall only be applicable to a district retirement salary plan in a unified district presently having an average daily attendance of less than 200,000 pupils and which was discontinued by the governing board of the district. (b) The district shall continue to pay monthly to teachers and other persons who were retired prior to the date of the discontinuance an amount equal to the amount by which the retirement allowance to which any of the retired teachers or other persons were entitled under the district plan exceeds the increase in the teacher’s or other person’s retirement allowance under this part resulting from the discontinuance. The arrangement under which those amounts are paid by the district shall not be considered to be a local retirement system for the purposes of this part, nor shall those amounts be taken into account in the calculation of retirement allowances under this part. (c) The reserve fund created by the district from the assets delivered to it by the discontinued district retirement plan under subdivision (c) of former Section 14690 prior to its repeal is continued in existence and the amounts payable under subdivision (b) of this section shall be paid from that reserve fund. (Amended by Stats. 1996, Ch. 634, Sec. 271. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24615. Source version: id_b2e309fc-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) If the system determines that contributions are due under this part from a retired member, disabled member, or a person who has died, and the person is unable to pay the amount due, the system may withhold all or part of subsequent payments due the retired member, disabled member, or survivor, until the amounts withheld equal the contributions due plus regular interest to the date of payment. Total contributions plus regular interest due shall be recovered by the system within 18 months. (b) Any payment of contributions that a member or beneficiary is required by law to make to the system shall be paid upon receipt of written notice from the system, except as provided in subdivision (c). Payment may be made either in a lump sum or installments, as permitted by the system. Payment of contributions due the system not discovered or unpaid, for whatever reason, prior to the time of retirement, disability, or death shall be paid prior to granting an allowance or benefit to the member or beneficiary unless, in the opinion of the board, the making of the payment prior to receipt of an allowance or benefit would impose an undue hardship, in which case payment may be made by the system withholding not more than 18 consecutive monthly installments from payments due from the system. Those installments may not be less than twenty-five dollars ($25) per month, except for the last installment, which may be less than twenty-five dollars ($25). (c) The mode of notice and the measurement of time within which a redeposit described in subdivision (b) shall be made is subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 9. (AB 989) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24616. Source version: id_69965422-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= Any overpayment made to or on behalf of any member, former member, or beneficiary, including, but not limited to, contributions, interest, benefits of any kind, federal or state tax, or insurance premiums, shall be deducted from any subsequent benefit that may be payable under either the Defined Benefit Program, the Defined Benefit Supplement Program, or the Cash Balance Benefit Program, except as provided in Section 24616.2. These deductions shall be permitted concurrently with any suit for restitution, and recovery of overpayment by adjustment shall reduce by the amount of the recovery the extent of liability for restitution. (Amended by Stats. 2022, Ch. 754, Sec. 10. (AB 1667) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24616.2. Source version: id_996c5f3a-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) Except as limited pursuant to Section 22008: (1) All amounts that have been overpaid due to inaccurate information, untimely submission, nonsubmission of information, or on the basis of fraud or intentional misrepresentation by, or on behalf of, a recipient of a benefit, annuity, or refund shall be recovered, as applicable, from the member, participant, former member, former participant, or beneficiary. This paragraph excludes amounts overpaid pursuant to paragraph (2), (3), or (4). (2) All amounts that have been overpaid due to inaccurate information, untimely submission, or nonsubmission of information by an employer that reports directly to the system shall be recovered, as applicable, from that employer. (3) All amounts that have been overpaid due to inaccurate information, untimely submission, or nonsubmission of information by a county superintendent of schools that reports directly to the system on behalf of an employer shall be recovered, as applicable, from that county superintendent of schools. If the overpayment resulted from an error of an employer, the county superintendent of schools may recover the amounts required from that employer pursuant to Section 23012. (A) If the county superintendent of schools provided notice to, and received consent from, an employer to submit that employer’s monthly report, inclusive of any modifications by the county superintendent of schools on behalf of the employer, an overpayment due to inaccurate information shall be considered an error of that employer. (B) If the untimely submission or nonsubmission of information was the result of the employer’s untimely submission or nonsubmission of information, the overpayment shall be considered an error of the employer. (4) (A) All amounts that have been overpaid due to an error by the system shall be recovered, with interest as specified in subparagraph (B), as follows: (i) Commencing July 1, 2024, 85 percent of this amount resulting from benefit adjustments that take place within the fiscal year ending in the immediately preceding calendar year, the specific amount of which shall be determined by the board, shall be made as a continuous appropriation from the General Fund to the Controller each July 1 for transfer to the Teachers’ Retirement Fund. If July 1 falls on a weekend or holiday, the funds shall be transferred the next business day. (ii) Commencing July 1, 2024, 15 percent of this amount resulting from benefit adjustments that take place within the fiscal year ending in the immediately preceding calendar year, the specific amount of which shall be determined by the board, shall be recovered from all employers that report directly to the system in amounts proportionate to their share of contributions for that fiscal year, including the contributions of those employers for whom a county superintendent of schools reports. A county superintendent of schools that reports directly to the system on behalf of employers may recover amounts proportionate to each employer’s share of contributions for that fiscal year from those employers pursuant to Section 23012. (B) The amount to be recovered in accordance with subparagraph (A) shall be calculated to include regular interest from the date of the overpayment to the date of recovery. (b) (1) An employer shall remit any amount required to be paid to the system pursuant to this section within 30 days of the date of the invoice. If the system does not receive payment within 30 days, the amount owed to the system shall be recalculated to include regular interest from the initial due date. (2) If a payment pursuant to paragraph (1) is not received within 30 days of the date of invoice, the Controller shall, upon the order of the board, reduce subsequent payments from the State School Fund to the county for deposit in the county school service fund by the amount owed or, upon the request of a county superintendent of schools to the county auditor, the Controller shall reduce payments to a school district for deposit in the district general fund by the amount owed. The Controller shall then pay to the system the amount owed for deposit in the Teachers’ Retirement Fund. (c) Determination of an amount that has been overpaid shall be provided in writing by the system to the party responsible for the overpayment pursuant to subdivision (a). The system shall identify the error, document the source of the error, and specify the total amount overpaid due to the error. (d) This section shall not apply to a recovery made under Section 24015, 24016, or 24017 or to a benefit or allowance reduction required pursuant to Section 24010, 24109, 24114, 24201.5, 24214, or 24214.5. (e) Except as explicitly provided by its provisions, this section shall not be interpreted to limit the system’s authority to correct benefits. (Amended by Stats. 2025, Ch. 239, Sec. 8. (SB 853) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24617. Source version: id_302fd2f1-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) To recover from a member, participant, former member, former participant, or beneficiary an amount overpaid under this part or Part 14 (commencing with Section 26000), as determined pursuant to Section 24616.2, the system shall correct the benefit, annuity, or refund, and the corrected monthly allowance payable under the Defined Benefit Program or the corrected annuity benefit payable under the Defined Benefit Supplement Program or the Cash Balance Benefit Program may be reduced by no more than 15 percent if the amount overpaid was due to inaccurate information, untimely submission, or nonsubmission of information by, or on behalf of, a recipient of the allowance or annuity benefit. (b) This section does not apply to the collection of overpayments due to fraud or intentional misrepresentation of facts by the recipient of the allowance or benefit. (c) The amendments to this section enacted during the second year of the 2021–22 Regular Session shall apply when the system notifies a member, participant, former member, former participant, or beneficiary of a benefit adjustment on and after January 1, 2023. (Amended by Stats. 2023, Ch. 215, Sec. 4. (SB 432) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24618. Source version: id_8e6e80bc-3ee8-11e6-976a-ea9f0138f43d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= Losses or gains resulting from overpayment or underpayment of contributions or other amounts under this part within the limits set by the Department of General Services for automatic writeoff, and losses or gains in greater amounts specifically approved for writeoffs by the Department of General Services, shall be debited or credited, as the case may be, to the appropriate reserve in the retirement fund. (Amended by Stats. 2016, Ch. 31, Sec. 20. (SB 836) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24619. Source version: id_d160585c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= The system shall annually report to the board the following information: (a) The amount of underpayment made to recipients under this part. (b) The amount to be recovered because of overpayments and the number of overpayments under this part. (c) The actions taken by the board and the system to reduce the number and amount of overpayments and underpayments under this part. (Amended by Stats. 1998, Ch. 965, Sec. 218. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 31. Procedures Concerning Payment [24600 - 24620] SECTION 24620. Source version: id_d160585e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=31.&article= (a) The special reserve resulting from the discontinuance of a district retirement salary plan as provided in former Section 14690 prior to its repeal, and a part of which is used annually in the interest of the employees of the district at the discretion of the governing board, is continued in existence and shall continue to be used first as provided in this section. (b) The district in which the district retirement plan was discontinued and that credited each teacher or other person employed by the district at the time of discontinuance, in a status requisite for membership in this plan, with an amount that bears the same ratio to the portion of the assets delivered to the district pursuant to former subdivision (c) of Section 14690 prior to its repeal, that remained after the creation of the reserve fund for payments under former subdivision (d) of Section 14690 prior to its repeal, as required by former subdivision (e) of Section 14690 prior to its repeal, as the accumulated contributions credited to the member in his or her individual contribution account under the discontinued retirement plan at the time of discontinuance, bore to the total accumulated contributions so credited to all such teachers and persons, but this credit to any active member shall not exceed the amount of the member’s accumulated contributions so credited at that time. The amount so credited to any person shall continue to be increased by interest at rates approved from time to time by the governing board of the district. The accumulated amount at the date upon which the person retires for service or disability under the system shall continue to be applied according to rates and tables adopted by the governing board and then in effect, to provide an annuity payable to the person throughout the balance of his or her life or a lump-sum payment of the total account balance on the date of retirement at the option of the governing board. If the person dies prior to retirement, the amount, with credited interest, shall be paid to his or her designated beneficiary, as it appears on the records of the district, if any, otherwise to the member’s estate. If the person ceases to be employed by the district for any reason other than death, retirement, or attainment of the age at which his or her classification as a permanent employee ceases, he or she shall no longer be credited with or have any right to the accumulated amount, but the amount shall revert to and belong to the district. The arrangement under which annuities and death benefits are paid by a district under this subdivision shall not be considered to be a local retirement system for the purposes of this part, nor shall those payments be taken into account in the calculation of retirement allowances under this plan. (c) The reserve fund created by the district from the assets delivered to it pursuant to subdivision (c) of former Section 14690 prior to its repeal is continued in existence and in the amount equal in amount to the total contributions credited to employees of the district, under former subdivision (b) of former Section 14691 prior to its repeal, and the annuities and death benefits payable under subdivision (b) of former Section 14691 prior to its repeal shall continue to be paid from this reserve fund. If the reserve fund as first created proves insufficient to make the payments required under subdivision (b) of former Section 14691, the district shall continue to make any additions to the reserve fund necessary to provide for those payments. (d) (1) In addition to any other investments authorized by law for the investment of those funds, the funds of any specialized reserve or reserve fund established pursuant to former Section 14690 or former Section 14691 prior to their repeal may continue to be invested as authorized by Section 31595 of the Government Code for the investment of the funds of a county employees’ retirement system. (2) The governing board may employ investment advisers to advise it on these investments and the fees for these services may be paid from the special reserve or reserve funds. (e) The governing board may make additional cost-of-living adjustments in the payments to persons who retired prior to January 1, 1953. (Amended by Stats. 1996, Ch. 634, Sec. 275. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 32. San Francisco Local System [24700 - 24706] SECTION 24700. Source version: id_d161df02-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=32.&article= On July 1, 1972, and thereafter all persons who first enter employment in the San Francisco Unified School District or the San Francisco Community College District to perform creditable service subject to coverage under the Defined Benefit Program are members of the plan in accordance with Section 22501. These new members are excluded from coverage under Subchapter II (commencing with Section 401) of Chapter 7 of Title 42 of the United States Code, for service performed as a member of the plan. (Amended by Stats. 1998, Ch. 965, Sec. 219. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 32. San Francisco Local System [24700 - 24706] SECTION 24701. Source version: id_15c4c21b-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=32.&article= Those credentialed members of the San Francisco Employees’ Retirement System on June 30, 1972, who make an irrevocable election to be covered only by the State Teachers’ Retirement Plan under this part for prior and future service performed in San Francisco, shall be allowed to be covered for other certificated service concurrently, where the provisions of the city and county charter permit. This shall not include any credited service, as defined in Section 22121. (Amended by Stats. 2005, Ch. 351, Sec. 34. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 32. San Francisco Local System [24700 - 24706] SECTION 24702. Source version: id_d161df06-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=32.&article= (a) All persons on the San Francisco system retired rolls on June 30, 1972, shall remain on the local rolls. The State Teachers’ Retirement System shall continue the subvention in Section 24706 for those persons, shall apply the percentage update and annual improvement factor to payments being made under the Defined Benefit Program directly to those persons, and shall pay the retired death payment upon their death. (b) The allowance that would have been payable had the member retired solely under the Defined Benefit Program, including the percentage update calculated under Sections 14332, 14333, and 14334, as enacted by Chapter 2 of the Statutes of 1959, as those sections read on December 31, 1974, shall be taken into account in computing the amount of increase for the ten dollar ($10) a month per year of service minimum unmodified allowance. (Amended by Stats. 1998, Ch. 965, Sec. 221. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 32. San Francisco Local System [24700 - 24706] SECTION 24703. Source version: id_4ea93b90-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=32.&article= Persons who select to be covered only by the Defined Benefit Program and already have credit for classified or other noncertificated service in the San Francisco system shall not have that credit transferred to the Defined Benefit Program. (Amended by Stats. 2006, Ch. 655, Sec. 47. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 32. San Francisco Local System [24700 - 24706] SECTION 24704. Source version: id_4ef49c72-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=32.&article= The San Francisco Employees’ Retirement System shall provide concurrent retirement benefits for classified and other noncertificated service in the San Francisco system according to the provisions applicable to miscellaneous employees of the time of the concurrent retirement for: (a) Members of that system who transfer to the Defined Benefit Program after June 30, 1972. (b) Persons who were members of both the San Francisco system and the Defined Benefit Program on June 30, 1972. (c) A person who could have qualified under subdivision (b) if he or she had not taken a refund from either the San Francisco system or the Defined Benefit Program, but not both, provided the person qualifies for and redeposits prior to retirement. (Amended by Stats. 2006, Ch. 655, Sec. 48. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 32. San Francisco Local System [24700 - 24706] SECTION 24705. Source version: id_4f409994-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=32.&article= Notwithstanding the provisions in Section 24201, a member of the San Francisco system may retire concurrently and receive credit for service performed in other states of the United States, its territories and possessions, and in Canada. (Amended by Stats. 2006, Ch. 655, Sec. 49. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 32. San Francisco Local System [24700 - 24706] SECTION 24706. Source version: id_d16365ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=32.&article= The system shall pay from the fund to the San Francisco Unified School District and the San Francisco Community College District the amounts due for subventions required prior to July 1, 1972, on account of persons who retired or died prior to that date. (Amended by Stats. 1996, Ch. 634, Sec. 281. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 33. Los Angeles Unified School District Plan [24750 - 24751] SECTION 24750. Source version: id_16d2afaf-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=33.&article= Those members who took a refund of their accumulated contributions from the former Los Angeles Unified School District Retirement System or the former Los Angeles Community College District Retirement System or the San Francisco Employees’ Retirement System, prior to July 1, 1972, and who have former Permanent Fund contributions only on deposit related to former local system service shall have those accumulated former Permanent Fund contributions on deposit as of July 1, 1972, treated in the same manner as accumulated retirement contributions of all nonlocal members. Upon discovery and notification to those members, they shall do either of the following: (a) Redeposit all or a portion of the accumulated retirement contributions required to bring the account into full balance with regular interest prior to retirement under this part. (b) Leave those former Permanent Fund accumulated contributions on deposit and receive a reduced retirement allowance under the law as it read on June 30, 1972. (Amended by Stats. 2005, Ch. 351, Sec. 36. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 33. Los Angeles Unified School District Plan [24750 - 24751] SECTION 24751. Source version: id_171ed3e1-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=33.&article= Those members who took a refund of their accumulated retirement contributions from the former Los Angeles Unified School District Retirement System or the former Los Angeles Community College District Retirement System or the San Francisco Employees’ Retirement System, prior to July 1, 1972, and who also took a refund of their Permanent Fund contributions from the State Teachers’ Retirement System with respect to the Defined Benefit Program, and who redeposited their contributions in the local system but who did not redeposit their Permanent Fund contributions in the State Teachers’ Retirement System with respect to the Defined Benefit Program, shall redeposit all or a portion of the accumulated retirement contributions required to bring the account into full balance with regular interest from the date of refund to the date of payment. The redeposit may be made immediately upon notification by the system and shall be made prior to retirement under this part. The redeposit shall be made in a lump sum or by installment payments as specified by the chief executive officer. (Amended by Stats. 2005, Ch. 351, Sec. 37. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24800. Source version: id_d164ec58-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= (a) All payments from the district retirement fund shall be made in the same manner as payments from school district funds but shall be subject to approval of the district retirement board. Warrants drawn on the fund shall be signed by at least one member of the district retirement board who shall be designated by the board. (b) The duties imposed upon the county treasurer shall be a part of his or her official duties, for the faithful performance of which he or she shall be liable upon his or her official bond. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24801. Source version: id_d164ec5a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= (a) Any other provisions of law to the contrary notwithstanding, whenever any retirement benefits under a district retirement system payable solely by reason of death of the retired member to his or her estate, heir or beneficiary have been unclaimed for a period of four years from the date of notification, by the district retirement system, by means of United States mail, to the estate, heir or beneficiary, such funds shall revert to and become a part of the contributions of the district and shall be applied to reduce the cost to the taxpayers of the district maintaining the retirement system. (b) The district retirement system may at any time after reversion of these benefits to the district and upon receipt of proper information satisfactory to it, return from district contributions, an amount equal to that which had, on account of the deceased member, reverted to the district. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24802. Source version: id_d164ec5c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= (a) Notwithstanding any other provision of law, whenever any warrant drawn in payment of contributions or accumulated contributions or benefits under a district retirement system, remains unclaimed or the claimant cannot be found, the proceeds of the warrant shall be redeposited in the respective fund, or funds, from which they were derived, and held for the claimant, without further accumulation of interest, and the redeposit shall not operate to reinstate the membership of the claimant in the district retirement system. If the proceeds, whether heretofore or hereafter redeposited, are not claimed within four years after the date of redeposit, they shall revert to and become a part of the contributions of the district and shall be applied to reduce the cost to the taxpayers of the district maintaining the retirement system and on account of which the contributions were made. (b) The provisions of this section shall apply to warrants drawn under a district retirement system and that would become void under Section 85270. (c) The district retirement system may at any time, after the reversion of proceeds to the district maintaining the retirement system, and upon receipt of proper information satisfactory to it, return from district contributions, an amount equal to those proceeds, to the credit of the claimant to be administered in the manner prescribed under the district retirement system. (d) The deposit in those funds of the proceeds of unclaimed and unpaid warrants prior to September 7, 1955, in accordance with the procedure specified in this section, is hereby validated, ratified, and confirmed. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24803. Source version: id_a9f51200-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= (a) If any benefit is payable by a district retirement system to the estate of a deceased person, whether because the estate is the beneficiary of the person or because no beneficiary was designated or because an allowance payable to the person had accrued and remained unpaid at the date of the death, and the estate would not be administered if no amount were due from the system, then the benefit shall be paid directly without procuring letters of administration to the surviving next of kin of the deceased, or the guardians of the survivors’ estates, share and share alike. The payment shall be made in the same order in which the following groups are listed: (1) Spouse. (2) Children and issue of deceased children by right of representation. (3) Father and mother. (4) Brothers and sisters. (5) Nieces and nephews. (b) Payment may also be made to persons in the groups listed in subdivision (a) to the extent those persons are the only beneficiaries under the last will and testament of a deceased former member of a district retirement system, without the probate of the will. (Amended by Stats. 2016, Ch. 50, Sec. 29. (SB 1005) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24804. Source version: id_d1667300-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= Except in the case where the deceased former member of a district retirement system leaves a will, no payment shall be made to persons included in any group specified in subdivision (a) of Section 24803, if at the date of death of any person or persons to whom any benefit is payable by a district retirement system there are living persons in any of the groups preceding it, as listed. Payment to the persons in any group, upon receipt from them of an affidavit upon a form supplied by the system, that there were no surviving individuals in the groups preceding it, or that they are one of the beneficiaries in any group specified in subdivision (a) of Section 24803 under the will of the deceased former member, and that the estate of the deceased will not be administered, is in full discharge of the liability of the board and system on account of the death. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24805. Source version: id_d1667302-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= (a) Notwithstanding any other provision of law, whenever any member of the district retirement system dies while in active membership status, including those on a deferred membership status, or within four months after the termination of the member’s employment in a status requisite for membership in the retirement system, benefits payable at death, unless a claim by someone other than the designated beneficiary or beneficiaries is filed with the retirement system during the period provided in this section, shall be paid to the beneficiary or beneficiaries designated by him on a form provided by the retirement system and on file in the office of the retirement system prior to the death of the member. (b) Payment to a beneficiary or beneficiaries designated in the form on file in the retirement system at the date of death by a warrant drawn prior to any claim under a will or under community property rights, shall constitute full discharge of any and all liability of the district retirement board and retirement system by reason of the member’s death. The retirement system shall provide a 30-day claim period subsequent to notification of death before drawing a warrant in favor of the designated beneficiary or beneficiaries. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24806. Source version: id_d1667304-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= (a) A district retirement salary plan established under Sections 24800 to 24812, inclusive, in any school district or districts, in which the average daily attendance of all districts combined is in excess of 200,000, governed by the same governing board, may be discontinued by the governing board of the district or districts, with the consent of the majority of the active members of the system expressing their desires with respect to the discontinuance of the plan evidenced in the manner the governing board may prescribe. However, no discontinuance of any retirement plan shall be effective for any purpose unless provision is made for retirement allowances for active and retired employees of the district as provided in subdivisions (b), (c), (d), and (e). (b) (1) Active and retired employees of the district or districts who otherwise would be members of the plan, other than teachers and persons employed in a status requisite for membership in the State Teachers’ Retirement System or who were so employed prior to retirement, shall be made members and beneficiaries, respectively, of the Public Employees’ Retirement System according to Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, including transfer to the system of the accumulated contributions of the employees, together with any other assets of the plan as may be determined. (2) With respect to persons who are members of the plan at its discontinuance, it shall be provided in the contract making the employees members of the Public Employees’ Retirement System, that their respective rates of contribution under the system shall be based on the age at the nearest birthday on July 1, 1944, or at the respective later effective dates of their membership in the plan, all instead of the age at the nearest birthday at the effective date of membership in the employees’ system. (3) Each employee of the district or districts who is included in the contract, but who during all or part of his or her employment in a status requisite for membership in the plan was not a member thereof, because of his or her election under an available option, or who failed to redeposit upon reentry into membership contributions previously withdrawn, shall have the right to elect by written document filed with the Board of Administration of the Public Employees’ Retirement System, at any time within 90 days after the date upon which the notice of the right to make the election is mailed by the system to the member’s latest address on file in the office of the system, and prior to the date of retirement, to contribute to the system, subject to minimum payments fixed by the board of administration, and in one or more sums, or in not to exceed 60 monthly payments, an amount which, when added to his or her accumulated contributions, including interest, transferred as required in paragraph (1), will make a total amount equal to the accumulated contributions, including interest, that would have been credited to him or her in the plan, if he or she had never elected not to be a member thereof, or if he or she had redeposited the withdrawn contributions upon reentry, as the case may be. The employee shall pay to the Public Employees’ Retirement System interest on the unpaid balance of the amount payable to the system, beginning with the date of discontinuance of the plan at the rate of interest currently used from time to time under the system. If the employee elects to make, and makes the contributions, and pays the interest, but not otherwise, he or she shall receive credit under the employees’ system, as state service, for all the service rendered while he or she was not a member of the plan, because of his or her optional exclusion, or for all service upon which the withdrawn contributions were based, and for the purpose of paragraph (2) shall be considered as a member of the plan at its discontinuance and from November 1, 1937, or later beginning date of the service. Regardless of whether the contributions are made, the employee shall receive credit for service with which he or she was credited or would have been credited if he or she had been a member, as prior service under the plan. The contributions under this paragraph shall be added to and administered in the same manner as the contributions transferred under paragraph (1). (4) Service rendered by active employees, who are made members of the Public Employees’ Retirement System, prior to the assumption by the district or districts of the function under which the service was rendered, such as, but not limited to, cafeterias and student body activities, shall be credited under the employees’ system, provided the service qualified for credit under the discontinued plan. (5) The contract making the active employees members of the Public Employees’ Retirement System, shall include the employees with respect to service rendered in a status in which they are not eligible for membership in the State Teachers’ Retirement System, as provided in Section 20491 of the Government Code, and also with respect to service rendered in a status in which they are eligible for membership, but that is no longer credited under the retirement system, and the service shall be credited in the same manner applicable to service otherwise qualifying for credit. (6) Retirement allowances being paid under the discontinued plan to retired employees of the district or districts, who are made beneficiaries of the Public Employees’ Retirement System, shall be changed by action of the governing board of the districts, effective at the discontinuance of the plan, to retirement allowances calculated on the basis of service used in the calculation of the respective allowances under the plan, and average annual salary earnable during the highest three consecutive years of creditable service, calculated according to the methods used at the date of discontinuance, under the plan in determining salary earnable, but excluding any salary based on overtime as provided in Section 20025.2 of the Government Code, but otherwise according to the formulae under the employees’ system that apply to active employees who are made members thereof. The changed allowances shall be paid to beneficiaries for time commencing on the date they are made beneficiaries of the employees’ system. No allowance shall be reduced by the change. (7) If two or more districts under the control and management of a single governing board are participants in the plan, one contract between the board of administration and the governing board may include all the districts. The governing board may apportion the total contributions required under the contract, among the districts on the basis of total salaries upon which the contributions are computed, and on the basis of other pertinent information. (8) Notwithstanding paragraph (1), the contract making active employees members of the Public Employees’ Retirement System, shall include teachers and persons employed in a status requisite for membership in the State Teachers’ Retirement System, with respect to service rendered in a status in which they would have been eligible for membership in the Public Employees’ Retirement System, if the district or districts by which they were employed had been participating in that system under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code. Contributions deducted from salary earned by the employees in that service, together with credited interest, and standing to the credit of the employees at the effective date of discontinuance of the plan, shall be subject to paragraph (1), in the same manner as they would have been so subject if the employees had been employed at the date of the discontinuance, in a status which was not requisite for membership in the State Teachers’ Retirement System. The employees shall be members of the Public Employees’ Retirement System with the same effect, but only with respect to that service, as if they had been employed in a status that would have qualified them for membership under other paragraphs of this subdivision. The employees shall continue in membership and shall be entitled to benefits in the same manner as if they individually were credited with at least five hundred dollars ($500) in accumulated contributions. In the computation of the members’ benefits under the Public Employees’ Retirement System, their compensation earnable while they are members of the State Teachers’ Retirement System shall be taken into consideration. (c) Notwithstanding Sections 35161, 35162, Article 1 (commencing with Section 7000) of Chapter 1 of Part 5, Article 2 (commencing with Section 10010) of Chapter 1 of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, this part, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, and Part 25 (commencing with Section 44000), contributions to the discontinued district retirement plan made by teachers and other persons employed by the district or districts in a status requisite for membership in the State Teachers’ Retirement System standing to their individual credit at the date of discontinuance of the district retirement plan shall be deposited in the Retirement Annuity Fund with credited interest, to be applied on the amount due from the teachers, but not to exceed the amount due. Likewise an amount equal to the actuarial equivalent of the annuity portion of the retirement allowance to which the respective retired teachers and other persons employed by the district or districts, prior to retirement, in a status requisite for membership in the State Teachers’ Retirement System were entitled under the plan, based on the interest rate and mortality tables used in its determination, shall be deposited in the Retirement Annuity Fund, to be applied on the amount due from the respective retired teachers, but not to exceed the amount due. Any excess of the contributions with credited interest or the actuarial equivalents, as the case may be, over the respective amounts due under those sections, shall be paid to the respective active and retired teachers and other persons. Further amounts, if any, due under those sections after the deposits, shall be paid to the Retirement Annuity Fund by the respective active and retired teachers and other persons. If any of the teachers or other persons who is not retired, is not entitled to credit under the State Teachers’ Retirement System for all or part of his or her service credited under the plan, or if any of the retired teachers or other persons is not entitled to a retirement allowance from the system, either before or after the discontinuance, the provisions of this subdivision about contributions and credited interest or about the actuarial equivalent of annuity portions of retirement allowances, as the case may be, shall not apply to him or her with respect to service that is not credited under the state system, until and unless he or she becomes entitled to credit for that service or to an allowance from the state system, based on service that was credited to him or her under the discontinued plan. The balance of the assets held in the various funds of the discontinued district retirement plan after the transfers, deposits, and payments required by this section, or after establishment of reserves from which the transfers, deposits, and payments shall be made, shall be delivered to the district or districts in which the plan is discontinued. (d) The district or districts in which the district retirement plan is discontinued shall pay monthly to teachers and other persons employed by the district or districts, prior to retirement, in a status requisite for membership in the State Teachers’ Retirement System who were retired prior to the date of the discontinuance an amount equal to the amount by which the retirement allowance to which any of the retired teachers or other persons was entitled under the plan exceeds the increase in the teacher’s or other person’s retirement allowance under the State Teachers’ Retirement System resulting from the discontinuance. If the amount payable to any teacher or other person, under the previous sentence, is less than two dollars ($2), the district or districts may pay, in lieu of that amount, one amount that shall be actuarially equivalent to the monthly amount thereafter payable, according to the interest rate and mortality table used in the determination of the teacher’s or other person’s retirement allowance under the district retirement plan. The payment of the actuarially equivalent amount shall discharge fully the district’s liability to the teacher or other person under this subdivision. The arrangement under which the amounts are paid by the district shall not be considered to be a local retirement system for the purposes of Chapter 1 (commencing with Section 22000) to Chapter 19 (commencing with Section 23200), inclusive, and Chapter 21.5 (commencing with Section 23700), nor shall the amount be taken into account in the calculation of retirement allowances under the State Teachers’ Retirement System. If any of the teachers or other persons is not entitled to a retirement allowance from the State Teachers’ Retirement System, either before or after discontinuance, the district or districts shall pay monthly to him or her, an amount equal to his or her retirement allowance under the plan prior to the discontinuance. If any teacher or other person has left the service of the district or districts, and is in a status under the plan, which if continued would qualify him or her for a retirement allowance without his or her return to that service, but is in a status that would otherwise not qualify him or her for retirement under the state system, the district or districts shall pay monthly to the teacher or other person, beginning at the date upon which he or she would have qualified for service retirement under the plan, an amount equal to the retirement allowance for which he or she would have qualified if the plan had not been discontinued. If any teacher or other person has credit under the plan for service that does not qualify for credit under either the State Teachers’ Retirement System or Public Employees’ Retirement System, the district or districts shall pay monthly to the teacher or other person, beginning on the date upon which he or she would have qualified for service retirement under the plan, an amount equal to the retirement allowance for which he or she would have qualified on the basis of that service if the plan had not been discontinued. If the individual at a later date becomes entitled to a retirement allowance from the state system, based on service that was credited to him or her under the discontinued plan, the monthly payments shall cease, and he or she shall become subject to subdivision (c), and the first four sentences of this subdivision, in the same manner as he or she would have been subject, if he or she had been entitled to a retirement allowance at the date of discontinuance, but calculation of actuarial equivalents and amounts payable shall be made as of the later date. (e) If any person who was retired prior to the discontinuance from a position requisite for membership in the State Teachers’ Retirement System, under a district retirement salary plan that is discontinued pursuant to this section, elected either under the plan or under the system, but not under both, to have the retirement allowance modified according to an option under which he or she would receive a smaller allowance and provide a benefit for his or her beneficiary, the person shall have the right, to be exercised not later than 60 days after the discontinuance of the plan, to change his or her election under the State Teachers’ Retirement System with respect to the options. Any computations of actuarial equivalent under a changed election shall be made as of the date of discontinuance of the plan, and no adjustment shall be included in the computation on account of retirement allowance payments made prior to that date. (Amended by Stats. 1994, Ch. 933, Sec. 107. Effective September 28, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24807. Source version: id_d167f9a6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= The balance of the assets delivered to the district pursuant to subdivision (c) of Section 24806, after the transfers, deposits and payments required by that section, or after establishment of reserves from which those deposits and payments shall be made, shall be allocated and distributed as follows: (a) Sixty-five percent of the balance shall be distributed to the undistributed reserve of the general fund of the district to be reduced to cash as necessary and appropriated in any year by majority vote of the governing board. Until the balance of the assets has been reduced to cash, the governing board may invest and reinvest the assets in securities legal for the investment of funds of the State Teachers’ Retirement System when in the judgment of the governing board any sale and reinvestment is advisable. Ten percent of this amount shall be used only for maintenance operation. (b) Twenty percent of the balance shall be transferred to a special account in the undistributed reserve of the district’s general fund to be reduced to cash as necessary in order to be used only for the purpose of reducing the tax collected pursuant to former Section 23401, as it read on January 1, 1979, in order to provide the contributions required by Section 22950 to the Teacher’s Retirement Fund. In the event that the special account is not wholly distributed for the purpose of making the contribution, the balance in the special account shall be released to the undistributed reserve. Until the balance of the assets has been reduced to cash, the governing board may invest and reinvest the assets in securities legal for the investment of funds of the State Teachers’ Retirement System when in the judgment of the governing board any sale and reinvestment is advisable. (c) (1) Fifteen percent of the balance shall be held intact by the district in an annuity reserve fund from which shall be provided a supplementary annuity at time of retirement under any California public retirement system to or on behalf of those members of the local district retirement system who were on the active roll or members on the retired roll of such local district retirement system as of June 30, 1972, and those members added to the active and retired rolls between June 30, 1972, and any later date of discontinuance, and those probationary or permanent certificated employees of the district holding memberships in California public retirement systems other than the local district retirement system who are making contributions to those systems on June 30, 1972, or on any later date of discontinuance. The supplement annuity may be paid in lump sum or in installments for the life of the person eligible, or his or her beneficiary, after his or her retirement. (2) No participant in the annuity reserve fund shall have vested rights to the benefits of this annuity reserve fund until he or she has continued in active service for a period of five years from the date of discontinuance of the local district retirement system, except participants who have separated from service by reason of retirement, including deferred retirement, or death. (3) An account shall be opened in the name of each person eligible to participate in the benefits of the annuity reserve fund to which shall be credited his or her share of the annuity reserve fund. The individual participant’s share of this fund shall bear the same ratio to the total of this fund as his or her annuity savings contributions, including interest earned, to the retirement system, to which he or she is making annuity contributions as of June 30, 1972, or any later date of discontinuance, or, if a retired member, the date of retirement prior to June 30, 1972, bears to the total annuity savings contributions, including interest earned, of all such participants in the retirement systems to which they are making contributions at the date of discontinuance, including total contributions to the local district retirement system previously made by living members on the retired roll. The fund shall include principal and interest in the account of any participant forfeited because the participant separated from service, except by reason of retirement, including deferred retirement, or death, within five years from June 30, 1972, or other date of discontinuance. The forfeiture shall be treated as earnings of the fund. (4) As of June 30 each year, and on any other dates the annuity reserve fund board may determine, the earnings of the fund less administrative expense shall be credited to the accounts of the remaining participants in the annuity reserve fund on the ratio that the participant’s individual account balance bears to the total balance of the annuity reserve fund. The cost of administering the fund shall be charged against the assets of the fund, as approved by the governing board of the school district. (5) When a participant separates from service, the earnings since the preceding date on which the earnings of the fund, less administrative expenses, were credited to the accounts of the participants, shall remain in the fund. Any member whose accumulated contributions to the local retirement system exceed the amount required by law to be deposited by the member in the State Teachers’ Retirement System’s Annuity Fund upon discontinuance of the local system may deposit to his or her credit all or part of the excess amount in the annuity reserve fund. (6) The governing board of the school district that maintained the discontinued local district retirement system shall establish an annuity reserve fund board of not more than seven members, the majority of whom shall be composed of certificated employees who are participants in the annuity reserve fund. The certificated employees on the annuity reserve fund board shall be elected by participants in the annuity reserve fund. The annuity reserve fund board shall have the authority to make rules and regulations necessary for the management of the annuity reserve fund in accordance with modern business practice. The local district retirement board shall continue to function as the annuity reserve board pending its establishment. (7) Except as otherwise restricted by the California Constitution or by law, the annuity reserve fund board may, in its discretion, invest or reinvest the assets of the fund through the purchase, holding, or sale thereof of any investment, financial instrument, or financial transaction, if the investment, financial instrument, or financial transaction is prudent in the informed opinion of the annuity reserve fund board. (8) All securities and cash of the annuity reserve fund shall be held in a trust fund in the county treasury. The county treasurer, as one of his or her official duties, shall be a member ex officio of the annuity reserve fund board established to invest the assets of this fund. (9) Any funds raised for the support of the local district retirement system and not appropriated to any specific account shall be transferred to the annuity reserve fund. All payments from the district’s annuity reserve fund shall be made in the same manner as payments from school district funds. The annuity reserve fund board may, at its discretion, request the district governing board to hold an election among existing annuity reserve fund participants as to whether the board should distribute existing funds in the annuity fund. The annuity reserve fund board may prescribe all rules and regulations regarding such an election and may distribute the funds if a majority of the members so elect. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24807.5. Source version: id_d167f9a8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= Any certificated employee of a district having an annuity reserve fund may enter into an amendment of his or her employment contract for the purpose of effecting a reduction in salary. The reduction shall be deposited by the employer, at the employee’s request, in the district’s annuity reserve fund. The deposits shall be used to provide the employee an annuity within the meaning of Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C.A. Sec. 403(b)). (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24807.7. Source version: id_d167f9aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= Notwithstanding Section 24807, the annuity reserve fund board may adopt rules allowing participants who have reached 70 years of age to withdraw their benefits. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24808. Source version: id_d169804c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= The governing board may provide that members of the annuity reserve fund board be paid one hundred dollars ($100) for each meeting, not to exceed one meeting each month, if they are not being paid by the governing board for any other assignment at the time of the meeting. The compensation shall be a charge against the annuity reserve fund. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24810. Source version: id_d169804e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= (a) Notwithstanding Section 24806, persons other than teachers and other persons employed in a status requisite for membership in the State Teachers’ Retirement System, who are active or retired members of a district retirement salary plan established under Sections 24800 to 24812, inclusive, in any school district or districts in which the average daily attendance of all districts combined is in excess of 200,000, governed by the same governing board, may be transferred by the governing board of the district or districts, with the consent of the majority of the active members of the plan expressing their desires with respect to the transfer evidenced in the manner the governing board prescribes. However, no transfer of the active and retired members shall be effective for any purpose unless provision is made for retirement allowances for active and retired employees of the district as provided in subdivision (b). (b) (1) Active and retired employees, including future employees, of the district or districts who otherwise would be members of the plan, persons who are members of the district’s retirement salary plan, and persons who were employees on June 30, 1957, and who attained age 65 years or over during the 12 months immediately preceding July 1, 1957, other than teachers and persons employed in a status requisite for membership in the State Teachers’ Retirement System or who were so employed prior to retirement, shall be made members and beneficiaries, respectively, of the Public Employees’ Retirement System according to the provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, including transfer to the system of the accumulated contributions of the members, together with the other assets of the plan as may be determined. However, the total of the other assets transferred shall not be greater than the portion of the reserves of the plan that is allocable to the active and retired employees, as determined by actuarial valuation. In the valuation the portion of the reserves allocable to the active and retired employees proposed to be transferred shall be determined as an amount which bears the same ratio to the total reserves under the plan as the liabilities under the plan on account of the active and retired employees bear to the total liabilities under the plan on account of all active and retired employees under the plan. On the effective date of the contract making the active employees members of the Public Employees’ Retirement System, the employees shall cease to be members of the plan, and neither they nor retired persons who are made beneficiaries of the state system, shall be paid or have any right to any allowance or other benefit under the plan for time beginning with the effective date. (2) With respect to persons who are members of the plan at the transfer, it shall be provided in the contract making the employees members of the Public Employees’ Retirement System, that their respective rates of contribution under the plan shall be based on the age at the nearest birthday at July 1, 1944, or at the respective later effective dates of their membership in the plan, all instead of the age at the nearest birthday at the effective date of membership in the employees’ system. (3) Each employee of the district or districts who is included in the contract, but who during all or part of his or her employment in a status requisite for membership in the plan was not a member thereof, because of his or her election under an available option, or who, while employed in a status not requisite for membership in the plan, was a member of the State Teachers’ Retirement System and was contributing to that system, or who did not redeposit upon reentry into membership contributions previously withdrawn, shall have the right to elect by written document filed with the Board of Administration of the Public Employees’ Retirement System, at any time within 90 days after the date upon which the notice of the right to make the election is mailed by the system either to the member’s latest address on file in the office of the system, or to the office of the governing board of the district or districts, and prior to the date of retirement, to contribute to the system, subject to minimum payments fixed by the board of administration, and in one or more sums, or in not to exceed 60 monthly payments, an amount which, when added to his or her accumulated contributions, including interest, transferred as required in paragraph (1), will make a total amount equal to the accumulated contributions, including interest, that would have been credited to him or her in the plan, if he or she had never elected not to be a member thereof, or if he or she had been a member of the plan during the time he or she was a member of the State Teachers’ Retirement System and was contributing to the system, or if he or she had redeposited the withdrawn contributions upon reentry, as the case may be. The employee shall pay to the Public Employees’ Retirement System interest on the unpaid balance of the amount payable to the system, beginning with the date of transfer, at the rate of interest currently used from time to time under the system. If the employee elects to make, and makes the contributions, and pays the interest, but not otherwise, he or she shall receive credit under the employees’ system, as state service, for all the service rendered while he or she was not a member of the plan, because of his or her optional exclusion, or for service rendered while he or she was contributing to the State Teachers’ Retirement System, provided the service is no longer credited under the teachers’ system, or for all service upon which the withdrawn contributions were based, and for the purpose of paragraph (2) shall be considered as a member of the plan at the transfer and from November 1, 1937, or later beginning date of the service. Regardless of whether the contributions are made, the employee shall receive credit for service with which he or she was credited or would have been credited if he or she had been a member, as prior service under the plan. The contributions under this paragraph shall be added to and administered in the same manner as the contributions transferred under paragraph (1). (4) Service rendered by active employees who are made members of the Public Employees’ Retirement System prior to or after the assumption by the district or districts of the function under which the service was rendered, but prior to the effective date of the contract making active employees members, and the compensation for which was paid wholly or in part from funds other than the funds of the district or districts, shall be credited under the employees’ system, provided the service qualified for credit under the plan. (5) The contract making the active employees members of the Public Employees’ Retirement System, shall include the employees with respect to service rendered in a status in which they are not eligible for membership in the State Teachers’ Retirement System, as provided in Section 20491 of the Government Code, and also with respect to service rendered in a status in which they are eligible for that membership, but that is no longer credited under the teachers’ retirement system, and the service shall be credited in the manner applicable to service otherwise qualifying for credit. (6) Retirement allowances being paid under the plan to retired employees of the district or districts, who are made beneficiaries of the Public Employees’ Retirement System, shall be changed by action of the governing board of the district, effective at the transfer, to retirement allowances calculated on the basis of service used in the calculation of the respective allowances under the plan, and average annual salary earnable during the highest three consecutive years of creditable service, calculated according to the methods used at the date of transfer, under the plan in determining salary earnable, but excluding any salary based on overtime as provided in Section 20025.2 of the Government Code, but otherwise according to the formulae under the employees’ system that apply to active employees who are made members of the employees’ system. The changed allowances shall be paid to the beneficiaries for time commencing on the date they are made beneficiaries of the employees’ system. No allowance shall be reduced by the change. (7) If two or more districts under the control and management of a single governing board are participants in the plan, one contract between the board of administration and the governing board may include all the districts. The governing board may apportion the total contributions required under the contract, among the districts on the basis of total salaries upon which the contributions are computed, and on the basis of other pertinent information. (8) The contract making these active employees members of the Public Employees’ Retirement System shall provide that the service included in the calculation of the completed years of service as a basis for the portion of the basic death benefit provided in subdivision (b) of Section 21361 of the Government Code for persons who were members of the plan at transfer, shall not be limited to service under the Public Employees’ Retirement System, but instead that service rendered as members of the plan shall also be included. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24811. Source version: id_d16b06f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= If two or more districts have been included in one contract between the Board of Administration of the Public Employees’ Retirement System, and the governing board of the districts, as provided in paragraph (7) of subdivision (b) of Section 24810, and if, since that inclusion, two or more of the districts have been combined into a unified district, the unified district, by amendment to the contract, may, notwithstanding Section 20580 of the Government Code, be substituted for the districts so combined, and for all purposes of the contract. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24812. Source version: id_d16b06f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= If two districts, one of which is a community college district, have been included in one contract between the Board of Administration of the Public Employees’ Retirement System and the governing board of the districts, as provided in paragraph (7) of subdivision (b) of Section 24810, and thereafter members of the governing board of the community college district are precluded by law from serving as members of the governing body of the other district, the contract shall be deemed a separate contract as to each district. The Board of Administration of the Public Employees’ Retirement System shall determine the accumulated contributions held for or as having been made by each district and its employees, and shall credit the contributions to the respective contracts. Benefits based on all service of an employee to the districts prior to the date upon which employees’ elections to serve the respective districts are effective shall be a liability of the contract of the district employing the person on the effective date. A person retired prior to the effective date shall, for all purposes of this section, be deemed an employee of the district other than the community college district. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 34. Administration of the District Retirement Salary Plan [24800 - 24813] SECTION 24813. Source version: id_d16b06f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=34.&article= (a) The contract executed under Section 24810, and making persons other than teachers and other persons employed in a status requisite for membership in the State Teachers’ Retirement System, who are active or retired members of a district retirement salary plan established under Sections 24800 to 24812, inclusive, members and beneficiaries of the Public Employees’ Retirement System, shall be amended to include as members or beneficiaries, teachers and other persons who were employed in a status requisite for membership in the State Teachers’ Retirement System, who ceased to be members of the plan if it was discontinued, or if the plan was not discontinued, who resign instead of retiring and are refunded their accumulated contributions under that plan, or who retire or have retired under the district plan and relinquish or have relinquished their right to allowances from the plan with credit for service rendered in a status in which they would have been eligible for membership in the Public Employees’ Retirement System, if the district or districts by which they were employed had been participating in that system under Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code, but only if the service qualified for credit under the plan and is not credited under any other retirement system. (b) The service of a person who ceased to be a member, or resigns or has resigned instead of retiring, or who relinquishes or has relinquished, shall be administered under the contract in exactly the same manner as that applied to service of persons who were retired under the local retirement system at the effective date of that contract, and were made beneficiaries, or who were not retired and were made members of the system on that date. The retirement allowances being received by the relinquishing persons, on account of service that would have been credited under the Public Employees’ Retirement System as stated, shall be adjusted in the same manner that allowances were adjusted under paragraph (6) of subdivision (b) of Section 24810. Any member who is credited with service in accordance with this section, shall pay to the Public Employees’ Retirement System, at times and in the manner fixed by the board of administration of that system, an amount equal to contributions with interest, that the member received as a refund from the plan, and that were based on service credited, plus interest from the date of refund to the date of the payment, at the interest rate in effect under the system at the date of payment. Contributions required of the district or districts shall be determined by proper valuation, and the contributions set forth in the contract shall be adjusted accordingly. (c) A retirement allowance based on the credited service shall be payable and retirement shall become effective, under the Public Employees’ Retirement System beginning on the first day of the month next following the effective date of this section, in the case of a person who then is retired under the State Teachers’ Retirement System, or otherwise on the later effective date of the member’s retirement under the teachers’ system. The allowance shall be based on the person’s age when the allowance begins, and on the same average salary as that upon which his or her allowance under the State Teachers’ Retirement System, is based. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24900. Source version: id_d16c8c9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. The governing boards of two or more school districts, in none of which the employees are entitled to the benefits of a pension or retirement system maintained by a city, city and county, or county in which the district, or a part thereof, is located, meeting in joint session, may in their discretion, submit to the qualified electors of the districts, and upon petition signed by not less than 10 percent of the qualified electors of each district the governing boards shall submit to the qualified electors of the districts the proposition of establishing a joint plan for a retirement salary to be paid by the districts to all teachers fulfilling the requirements of the plan in the public schools of the districts and to other employees of the districts as the governing boards may determine, or, in the case of a petition, other employees specified in the petition, and to provide, out of funds of the districts, a portion of the cost thereunder, including expenses incident to the administration of the plan. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24901. Source version: id_d16c8c9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. The proposition of establishing the plan may be submitted to the electors of the districts at any general or special election called and held in the districts, as the governing boards of the districts may determine. The governing boards of the school districts may order the elections that shall be called and held in accordance with the provisions of Chapter 3 (commencing with Section 5300) of Part 4. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24902. Source version: id_d16c8c9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. The governing boards calling the election shall consolidate the election and submit to the electors of the respective districts on the same day the question of whether a district retirement plan shall be established in the districts. Within the territory affected by the order of consolidation, the election precinct polling places and voting booths shall, in every case, be the same. There shall be only one set of election officers in each precinct. The propositions to be voted upon within the respective districts may be set forth on one ticket or ballot. All proceedings had in the premises shall be recorded in one set of election papers, and the election shall be held in all respects as though there were only one election. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24903. Source version: id_d16c8ca0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. The election may be consolidated with any other election pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 26. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24904. Source version: id_d16e1342-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. The election shall be called by posting notices, signed by a majority of the governing board of each district, not less than 10 days before the election. If there is a newspaper of general circulation published in any of the districts, notice shall be published in such a newspaper at least once, and at least 10 days prior to the election. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24905. Source version: id_d16e1344-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. In all respects not otherwise specified the election shall be called and held, and returns canvassed and the result announced in the manner provided for the holding of elections for the purpose of authorizing bonds of the school districts, so far as the provisions of the laws are applicable. The governing boards of the school districts in which the election is held shall, for the purposes of this section, be considered as one board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24906. Source version: id_9bb9f8bc-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. There shall be printed on the ballots to be used at the election the proposition: “Shall the governing boards of (here insert the names of the districts under the control of the boards submitting the proposition) school districts be authorized to establish a plan for a joint district retirement salary for the teachers and such other employees of the districts as the governing boards or the petition determines.” To the right of or below the proposition to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 8. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24907. Source version: id_d16e1348-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. If, at the election, a majority of the voters in each district voting on the proposition cast their ballots in favor of the proposition, the governing boards shall establish a joint district retirement salary plan for the teachers and for such other employees of the districts as the boards or the petition determine. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 1. Establishment of Plan [24900 - 24908] SECTION 24908. Source version: id_d16e134a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=1. If a majority of the votes cast in each district on the proposition is in the negative, the governing boards shall not submit the proposition again within a period of six months after the date of the election. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24920. Source version: id_d16f99ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. Every teacher and every other employee of the school districts for which the plan for district retirement is adopted, who is employed by the districts at the time of the adoption of the plan, and who signs an agreement to be subject to the burdens of the district retirement plan, shall be entitled to the benefits and subject to the burdens of the plan and of this chapter. Every teacher employed in the public schools of the districts after the adoption of the provisions of this chapter by the governing boards of the districts, and any other employees the boards or the petition determines, shall be bound by the benefits and burdens of this chapter. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24921. Source version: id_d16f99f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. Any plan shall not be adopted or established until the governing boards, after any inquiry and hearing they may direct, find that the respective contributions of the teachers and other employees and the districts provided for in the plan, are substantially in accordance with the more recent generally prevailing rates of contributions in public institutions that have established retirement systems, and that the plan is in accordance with sound business practice and with recognized actuarial methods. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24922. Source version: id_d16f99f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The plan may provide that the retirement salary shall be a stipulated monthly sum, or that all benefits under the retirement feature of the plan shall be based upon the monthly salary for each year of future active service in the district earned by the employee up to the date of retirement and upon the average monthly salary earned by the teacher or other eligible employee during the year immediately preceding the adoption of the plan and the number of years of past active service of the employee in the district, and subject to those provisions made in the plan for minimum benefits. No employee with less than 15 years’ service in the district prior to normal retirement age shall receive the benefit of the minimum. In no instance shall the retirement benefits be based upon or allowed for any amount of salary in excess of the sum of five hundred dollars ($500) per month. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24923. Source version: id_d16f99f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. In lieu of the authorizations or requirements provided for in Sections 24920 and 24922, the plan may provide only that the retirement salary shall be based on service rendered prior to the effective date of the plan or prior to July 1, 1944, and shall be an amount which, when added to the retirement allowance the respective member is entitled to receive under the State Teachers’ Retirement System, shall equal a sum of not less than one hundred dollars ($100) per month and Sections 24920 and 24922 shall not be applicable thereto. The costs of the benefits under such a plan may be met by the contributions of the districts alone, notwithstanding Sections 35161, 35162, Article 1 (commencing with Section 7000) of Chapter 1 of Part 5, Article 2 (commencing with Section 10010) of Chapter 1 of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, this part, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, and Part 25 (commencing with Section 44000), and only teachers who have credit for service rendered prior to that date shall be subject to the plan. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24924. Source version: id_d1712096-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. (a) A plan established under this chapter that is intended to provide supplemental benefits only on account of service rendered before July 1, 1944, may be discontinued by the governing board of the district, subject to the following conditions: (1) Notwithstanding Sections 35161, 35162, Article 1 (commencing with Section 7000) of Chapter 1, Article 2 (commencing with Section 10010) of Chapter 1 of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, this part, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, and Part 25 (commencing with Section 44000), any teacher who is not retired on July 1, 1956, shall be entitled to the contributions made by him or her to the discontinued plan with interest credited in accordance with the rules and regulations of the local retirement plan up to and including June 30, 1957. Likewise, a teacher who retired prior to July 1, 1956, shall be entitled to a refund equal to the actuarial equivalent, at his or her attained age, of the annuity that would have been provided by the total contributions required of the member under the system, based on interest and mortality tables currently in use, less the amount of any contributions remaining unpaid on the date of discontinuance. The amount to which any teacher is entitled under this section shall be paid to him or her within 90 days of his or her request in writing on a form provided by and filed with the local retirement system. All requests shall be filed prior to July 1, 1959. (2) The district in which the plan is discontinued shall pay monthly to teachers, who were retired prior to the date of the discontinuance, an amount equal to the amount by which the retirement allowance to which any of these retired teachers was entitled under the plan exceeds the increase in the teacher’s retirement allowance under the State Teachers’ Retirement System after the discontinuance. In lieu of the monthly payment, the district may elect to pay in a single sum the amount that shall be the actuarial equivalent to the monthly amount thereafter payable, according to the interest rate and mortality table currently in use under the plan. Payment of the amount shall discharge fully the district’s liability to the teacher under this subdivision. The arrangement under which the amounts are paid by the district shall not be considered to be a local retirement system for the purposes of Chapter 1 (commencing with Section 22000) to Chapter 31 (commencing with Section 24600), inclusive, nor shall the amount be taken into account in the calculation of the retirement allowances under the State Teachers’ Retirement System. (b) Any person who was retired prior to July 1, 1956, from a position requisite for membership in the State Teachers’ Retirement System, under a district supplemental retirement salary plan which has been discontinued pursuant to this section, and elected either under the plan or under the system, but not under both, to have a portion of his or her retirement allowance modified according to an option under which he or she would receive a smaller allowance and provide for a benefit for his or her beneficiary, that person shall have the right, to be exercised not later than 60 days after July 5, 1956, to change his or her election under the State Teachers’ Retirement System with respect to those options. Any computations of actuarial equivalents under a changed election shall be made as of the effective date, and no adjustment shall be included in the computation on account of retirement allowance payments made prior to that date. (c) When any local retirement plan is discontinued under this section, all funds remaining in the district retirement fund of the local system shall be transferred to the general fund of the school district in which the plan is discontinued. Thereafter any payments to meet continuing obligations of the district arising from the establishment or discontinuance of the plan shall be paid from the general fund of the district. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24925. Source version: id_d1712098-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The governing boards, after the adoption of the plan, shall at regular intervals, each not exceeding a period of five years, secure a general survey and actuarial report of the plan, and the boards shall from time to time amend the plan in any manner found to be advisable to meet changed conditions, or, in the light of experience, considered necessary. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24926. Source version: id_d171209a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. A plan under which the districts establishing it agree to pay to employees who become entitled to retirement salaries within a specified period, not exceeding 15 years, after the establishment of the plan, a specified sum that, during the life expectancy of the employees, will be approximately equal, in the aggregate, to the aggregate difference, during the life expectancy, between the maximum salary paid to employees in the respective classes of the retiring employees, and the salaries paid to beginning employees in the classes, shall be construed to comply with the provisions of this chapter requiring the plan to be in accordance with sound business practices and recognized actuarial methods. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24927. Source version: id_d171209c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. For the purpose of providing funds that may be necessary to make the payments required by any joint district retirement plan, district taxes shall be levied and collected annually by the respective districts at the same time and in the same manner as other district taxes are levied and collected. The tax shall be in addition to any other district tax now or hereafter authorized by law, and shall not be considered in fixing maximum rates of tax for school district or community college district purposes. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24928. Source version: id_d171209e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. Every joint district retirement plan shall provide that only those teachers and other employees who have served as teachers or employees of the districts for at least 20 years of service immediately preceding retirement, and who have reached a minimum age specified in the joint district retirement plan, which shall not be less than 55 years, shall be entitled to a district retirement salary. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24929. Source version: id_d17120a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The plan may provide for the retirement of teachers or other employees on account of disability after 10 years of service immediately prior to the retirement, the proportion of the disability retirement salary to the full retirement salary to be specified in the plan. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24930. Source version: id_d172a742-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. Absence from service by reason of a leave of absence granted by the governing board of an employing district shall not be construed as a break in the continuity of service or by any district retirement plan adopted pursuant to the provisions hereof, but the period of leave shall not be counted as time served toward retirement unless the period is so counted under the State Teachers Retirement Act. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24931. Source version: id_d172a744-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. Time of service may be counted in the aggregate and fractions of years amounting to whole years may be counted as whole years when payments by the teacher or other employee have been made for all of the time counted. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24932. Source version: id_d172a746-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The governing boards of the districts shall in all cases determine the teachers and other employees who are entitled to retirement salaries, and make and keep a list of the teachers and other employees, known as the retired list. For the purpose of making the retired list the boards may take testimony and examine witnesses under oath, which may be administered by any member of the board. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24933. Source version: id_d172a748-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The governing boards of the districts may make all necessary and proper rules and regulations in aid or furtherance of the provisions of this chapter and in order to carry out and administer the provisions. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24934. Source version: id_d172a74a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. When a joint district retirement plan is established there shall be created in the treasury of the county in which the districts are located, or, if the districts are located in more than one county, in the treasury of the county selected by the governing boards of the districts meeting in joint session, and open upon the books of the auditor and treasurer of the county, a trust fund account designated as the “joint district retirement fund.” All moneys, whether from contributions by teachers or other employees, or by the districts, or from any source, properly belonging to the joint district retirement fund shall be placed in the fund. Upon approval of the joint district retirement board all incidental expenses, including actual and necessary clerical or other help, incurred in carrying out the provisions of this chapter shall be paid out of the fund and in the same manner as other expenditures are paid from district funds. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24935. Source version: id_d1742dec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. Members of governing boards shall discharge the powers, duties, purposes, responsibilities, and jurisdiction conferred or imposed upon the governing boards under this chapter without extra or additional compensation. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24936. Source version: id_d1742dee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The governing boards of the districts establishing the retirement plan shall provide for the administration of the funds and the payment of retirement salaries by a joint district retirement board composed of three persons not officers or employees of any of the districts, one representative of each district, one representative of the teachers of each district and one representative of the other employees of each district, who shall serve without compensation. The representatives chosen by the teachers and other employees shall be chosen by secret ballot. The county treasurer of the county in the county treasury of which the joint district retirement fund is created shall be ex officio a member of the joint district retirement board. All members of the retirement board shall serve for such terms as may be specified by the governing boards in establishing a plan. The joint district retirement board shall have such further powers and duties as may be prescribed by the governing boards of the districts. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24937. Source version: id_d1742df0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. (a) The joint district retirement board shall have charge and control of the district retirement fund of the district and of the payment of all retirement salaries and annuities payable from the fund. The joint district retirement board shall invest the funds in securities that are legal for the investment of funds of savings banks in this state and shall sell the securities and reinvest the proceeds in securities legal for investment of funds of savings banks when in the judgment of the joint district retirement board the sale and reinvestment is advisable. No investment in or sale of securities shall be made except upon authorization of the joint district retirement board at a meeting of the board. (b) The board also shall collect the income from the securities and pay it into the joint district retirement fund. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24938. Source version: id_d1742df2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The joint district retirement board may sue in its own name when necessary to carry out the powers and duties conferred upon it. The district attorney, or, if there is a county counsel, the county counsel of the county in which are employed the largest number of employees entitled to the benefits and subject to the burdens of the joint district retirement plan shall act as attorney for the joint district retirement board without additional compensation. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24939. Source version: id_d1742df4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. All securities purchased by the joint district retirement board shall be deposited with the county treasurer for safekeeping. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24940. Source version: id_d1742df6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. (a) All payments from the joint district retirement fund shall be made in the same manner as payments from school district funds but shall be subject to approval of the joint district retirement board. Warrants drawn on the fund shall be signed by at least one member of the joint district retirement board who shall be designated by the board. (b) The duties imposed upon the county treasurer shall be a part of his or her official duties, for the faithful performance of which he or she shall be liable upon his or her official bond. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24941. Source version: id_d175b498-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The county auditor of the county in the county treasury of which the “joint district retirement fund” is created shall audit the accounts of the joint district retirement board at least once every 12 months and report upon the financial condition thereof to the governing boards of the districts. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24942. Source version: id_d175b49a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The retirement salaries provided for in this chapter shall be in addition to any other retirement salaries received by any person under Chapter 1 (commencing with Section 22000) to Chapter 31 (commencing with Section 24600), inclusive, or as may be otherwise provided by law. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24943. Source version: id_d175b49c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. The retirement salaries provided for in this chapter for all other employees, shall be in addition to any other retirement salaries that may be provided by law. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 35. Joint District Salary Retirement Plan [24900 - 24944] ARTICLE 2. Administration of the Plan [24920 - 24944] SECTION 24944. Source version: id_d175b49e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=35.&article=2. Whenever by the provisions of this chapter, the governing boards of two or more school districts are required, or authorized, to perform any act, the act may be done only at joint meetings of the boards, and no action shall be taken by the boards except upon the affirmative vote of a majority of the members of a majority of the boards. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] SECTION 24950. Source version: id_832e3094-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=36.&article= (a) An annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986 shall be offered to : (1) All employees of any state agency who are members of the plan under this part. (2) Any employee of a local public agency or political subdivision of this state that employs persons to perform creditable service subject to coverage by the plan under this part. (3) Any state employee of a state employer under the uniform state payroll system, excluding the California State University System, eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986. (b) The following criteria shall apply to that annuity contract and custodial account: (1) The annuity contract and custodial account shall be offered for at least five years. (2) The annuity contract and custodial account may be administered by a qualified third-party administrator that shall, under agreement with the system, provide custodial, investment, recordkeeping, or administrative services, or any combination thereof. The third-party administrator may not provide investment options other than pursuant to a shareholders’ services agreement between the third-party administrator and the investment manager. (3) The investment options offered shall be determined by the board consistent with those annuity contract and custodial accounts described in Section 403(b) of the Internal Revenue Code of 1986. (4) The system’s investment staff shall make recommendations to the board as to the appropriate investment options. At a minimum, the board shall offer at least three investment options. The board shall have sole responsibility for the selection of service providers. (5) All contributions made in accordance with the provisions of Section 403(b) of the Internal Revenue Code of 1986 and this section shall be remitted directly to the administrator and held by the administrator in a custodial account on behalf of the employee. Any investment gains or losses shall be credited to those accounts. The forms of payment and disbursement procedure shall be consistent with those generally offered by similar annuity contracts and custodial accounts and applicable federal and state statutes governing those contracts and accounts. (6) Any employer, other than the state, may elect to make contributions to the employee’s annuity contract and custodial account on behalf of the employee. The employer shall take whatever action is necessary to implement this section, including the adoption of an annuity contract and custodial account, or provide the appropriate authorization in accordance with the provision of Section 403(b) of the Internal Revenue Code of 1986. Employer contributions made under this section are excluded from the definition of creditable compensation as provided in Section 22119.2. (7) The design and administration of the annuity contract and custodial account shall comply with the applicable provisions of the Internal Revenue Code of 1986 and the Revenue and Taxation Code. Section 770.3 of the Insurance Code shall not be applicable. (Amended by Stats. 2008, Ch. 230, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] SECTION 24950.5. Source version: id_83c4f256-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=36.&article= (a) The system may administer an individual retirement plan as described in Section 408A of Title 26 of the United States Code for the purpose of accepting a rollover from an annuity contract or custodial account offered by the system pursuant to this chapter to the extent the rollover complies with Title 26 of the United States Code. (b) The system may provide for the administration of the individual retirement plan described in subdivision (a) by a qualified third-party administrator who shall, by agreement with the system, provide custodial, investment, recordkeeping, or administrative services, or any combination thereof. (Added by Stats. 2008, Ch. 432, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] SECTION 24951. Source version: id_d1773b44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=36.&article= If the rate of participation in the annuity contract and custodial account is less than 2 percent of active members in the Defined Benefit Program upon the completion of the initial five years of administration, the board may elect to terminate the offering of the annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986. The board shall provide two years’ notice to the annuity contract and custodial account participants of its intention to terminate. (Amended by Stats. 1998, Ch. 965, Sec. 227. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] SECTION 24952. Source version: id_4f8bd366-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=36.&article= (a) Any annuity contract and custodial account advertised, promoted, or offered through one or more third-party service providers, shall provide for recovery, from the employees who participate, of all costs and expenses of its own administration, including, but not limited to, advertising, promotion, legal, accounting, compliance, recordkeeping, and investment costs and expenses. (b) Any annuity contract and custodial account administered by the system shall provide for the recovery of all costs and expenses of its administration. (c) The system may promote and advertise an annuity contract and custodial account administered directly by the system or by a third-party administrator. (Amended by Stats. 2006, Ch. 780, Sec. 3. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 36. Annuity Contract and Custodial Accounts [24950 - 24953] SECTION 24953. Source version: id_846b9298-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=36.&article= (a) For purposes of this section, the following definitions shall apply: (1) “Annuity contract” means an annuity contract described in Section 403(b) of the Internal Revenue Code that is available to employees as described in Section 770.3 of the Insurance Code. (2) “Custodial account” means a custodial account described in Section 403(b)(7) of the Internal Revenue Code. (3) “Third-party administrator” means a person or entity other than the system that provides administrative or compliance services to the system as described in subdivision (b). (b) An employer that employs persons to perform creditable service subject to coverage by the plan under this part, or the Controller on behalf of any state employer under the uniform state payroll system, excluding the California State University System, that employs persons eligible to participate in an annuity contract or custodial account as described in Section 403(b) of the Internal Revenue Code of 1986, may enter into a written contract with the system for services regarding an annuity contract and custodial account provided by the employer. That contract may include any of the following: (1) Services to ensure compliance with Section 403(b) of the Internal Revenue Code regarding the annuity contract and custodial account including, but not limited to, services that permit the system to do any of the following: (A) Administer and maintain written plan documents governing the employer’s plan. (B) Review and authorize hardship withdrawal requests, transfer requests, loan requests and other disbursements permitted under Section 403(b) of the Internal Revenue Code. (C) Review and determine domestic relations orders as qualified domestic relations orders as described in Section 414(p) of the Internal Revenue Code. (D) Provide notice to eligible employees that is consistent with Title 26 of the Code of Federal Regulations that those employees may participate in an annuity contract and custodial account. (E) Administer and maintain specimen salary reduction agreements for the employer and employees of that employer to initiate payroll deferrals. (F) Monitor, from information provided either directly from the employee, as part of the common remitting services provided pursuant to paragraph (2), through information provided by the employer, or through information provided by vendors authorized by the employer to provide investment products, the maximum contributions allowed by employees participating in the annuity contract and custodial account as described in Sections 402(g), 414(v), and 415 of the Internal Revenue Code. (G) Calculate and maintain vesting information for contributions made by the employer to the annuity contract and custodial account. (H) Identify and notify employees that are required to take a minimum distribution of the funds in that employee’s annuity contract and custodial account as described in Section 401(a)(9) of the Internal Revenue Code. (I) Coordinate responses to the Internal Revenue Service if there is an Internal Revenue Service audit of the annuity contract and custodial account. (2) Services to administer the annuity contract and custodial account that include, but are not limited to, all of the following: (A) Common remitting services. (B) General educational information to employees about the annuity contract and custodial account that includes, but is not limited to, the enrollment process, program eligibility, and investment options. (C) Internal reports for the employer to ensure compliance with Section 403(b) of the Internal Revenue Code and Title 26 of the Code of Federal Regulations. (D) Consulting services related to the design, operation, and administration of the plan. (E) Internal audits, on behalf of an employer, of a provider’s plan compliance procedures with respect to the provider’s annuity contract and custodial account offered under the employer’s plan. These audits shall not be conducted more than once per year for a provider’s plan, unless documented evidence indicates a problem in complying with Section 403(b) of the Internal Revenue Code. (c) If the system elects to contract with a third-party administrator for the administrative or compliance services to employers described in subdivision (b), the system shall do all of the following: (1) Determine that hiring the third-party administrator is in the best interest of the participants to the annuity contract and custodial account, their beneficiaries, and the employer that provides that annuity contract and custodial account. (2) Require the third-party administrator to provide proof of liability insurance and a fidelity bond in an amount determined by the system to be sufficient to protect the assets of participants and beneficiaries in the annuity contract and custodial account. (3) Require evidence, if the third-party administrator is related to or affiliated with a provider of investment products pursuant to Section 403(b) of the Internal Revenue Code, that data generated from the services provided by the third-party administrator are maintained in a manner that prevents the provider of investment products from accessing that data. (d) Any personal information obtained by the system in providing services pursuant to this section shall be used by the system only to provide those services for the employer in accordance with the contract entered into with the employer pursuant to subdivision (b). (e) Nothing in this section requires an employer to contract with the system for the administrative or compliance services described in subdivision (b). A written contract for the administrative or compliance services described in subdivision (b) shall be on behalf of and at the request of the employer. (f) Nothing in this section shall be construed to interfere with either: (1) The rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (2) The ability of an employer to establish nonarbitrary requirements upon providers of an annuity contract that, in the employer’s determination, aid in the administration of its benefit programs and do not unreasonably discriminate against any provider of an annuity contract or interfere with the rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (g) The cost of providing administrative or compliance services pursuant to this section shall be deemed to be a cost incurred by the employer and subject to subdivision (b) of Section 44041 or subdivision (b) of Section 87040, as may be applicable. (h) In any conflict between this section and Section 44041.5 or 87040.5, including, with respect to the provision of services provided pursuant to a contract between an employer and the system, the provisions of this section shall prevail. (i) The system shall disclose to an employer seeking the services described in this section any fees, commissions, cost offsets, reimbursements, or marketing or promotional items received by the system or a third-party administrator from any plan provider selected as a vendor of an annuity contract or custodial account by the employer. If the system or a third-party administrator is affiliated with or has a contractual relationship with a provider of annuity contracts or custodial accounts, the system or third-party administrator shall disclose the existence of that relationship to each employer and employee participating in the annuity contract or custodial account. (Amended by Stats. 2008, Ch. 230, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 37. Deferred Compensation Plans [24975 - 24977] SECTION 24975. Source version: id_b46e3dde-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=37.&article= (a) The board may develop one or more deferred compensation plans under Section 457 of the Internal Revenue Code that an employer may choose to establish and offer to its employees who are members or participants of the plan under this part or Part 14 (commencing with Section 26000) or any employee of a local public agency or political subdivision of this state that employs persons to perform creditable service subject to coverage by the plan under this part. (b) If an employer adopts a deferred compensation plan described in subdivision (a): (1) The employer shall enter into a written contractual arrangement with the system under which the system, or a third-party administrator acting on behalf of the system, shall provide investment, recordkeeping, and administrative services for the deferred compensation plan. (2) The deferred compensation plan shall continue to constitute a separate plan established and maintained by the adopting employer. (3) The system shall be treated as acting on behalf of the employer in administering the deferred compensation plan. (4) The terms and administration of the deferred compensation plan shall be in accordance with the applicable provisions of Section 457 of the Internal Revenue Code. (5) In administering the deferred compensation plan on behalf of the employer, the board shall have the same investment authority and discretion and be subject to the same fiduciary standards pursuant to Chapter 4 (commencing with Section 22250), with respect to amounts deferred under the deferred compensation plan as applied by the system with respect to the Teachers’ Retirement Fund. (c) If an employer establishes and maintains a deferred compensation plan described in subdivision (a), the deferred compensation plan shall be offered to all of its employees who are eligible to participate pursuant to this section. (d) An employee participating in a deferred compensation plan established by an employer under this section shall enter into a written agreement with the employer for the deferral of compensation prior to the performance of the services to which that compensation relates. (e) If an employer chooses to establish and maintain a deferred compensation plan described in subdivision (a) that is to be administered by the system, the employer shall take all necessary or appropriate action to implement this section in cooperation with the system. (Amended by Stats. 2013, Ch. 558, Sec. 47. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 37. Deferred Compensation Plans [24975 - 24977] SECTION 24976. Source version: id_850ded1a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=37.&article= (a) (1) The Teachers’ Deferred Compensation Fund is hereby established to serve as the repository of funds received by the system pursuant to this chapter, Chapter 36 (commencing with Section 24950) or Chapter 39 (commencing with Section 25100). (2) Except as described in paragraph (7), premium and fee revenues received by the system pursuant to Chapter 36 (commencing with Section 24950), except Section 24950.5, shall be deposited into the 403(b) Services Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of that chapter, excluding Section 24950.5. (3) Premium and fee revenues received by the system pursuant to Section 24950.5 of Chapter 36 shall be deposited into the Roth IRA Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of that section. (4) Premium and fee revenues received by the system pursuant to this chapter shall be deposited into the Deferred Compensation Services Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of this chapter. (5) Compensation deferrals received by the system pursuant to this chapter shall be deposited into the Deferred Compensation Investment Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of this chapter. (6) Fee revenues received by the system pursuant to Chapter 39 (commencing with Section 25100) shall be deposited into the 403(b) Vendor Registry Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of that chapter. (7) Fee revenues received by the system pursuant to Sections 24953 and 24977, and any assets in the Teachers’ Retirement Program Development Fund pursuant to Section 22307.5 as of January 1, 2008, shall be deposited into the Deferred Compensation Administrative and Compliance Services Operating Account within the Teachers’ Deferred Compensation Fund, and shall only be used to carry out the purposes of Sections 24953 and 24977. (8) Notwithstanding Section 13340 of the Government Code, all moneys in the Teachers’ Deferred Compensation Fund shall be continuously appropriated without regard to fiscal year to carry out the purposes of this chapter, Chapter 36 (commencing with Section 24950), and Chapter 39 (commencing with Section 25100). (b) With respect to deferred compensation plans administered pursuant to this chapter, and notwithstanding any other provision of law, the system may retain a bank or trust company, or a credit union, to serve as custodian of the moneys of the Teachers’ Deferred Compensation Fund and to provide for safekeeping, recordkeeping, delivery, securities valuation, or investment performance reporting services, or services in connection with investment of the Teachers’ Deferred Compensation Fund. (c) With respect to deferred compensation plans administered pursuant to this chapter, the Teachers’ Deferred Compensation Fund shall consist of the following sources and receipts, and disbursements shall be accounted for as set forth below: (1) Premiums determined by the system and paid by participating employers and employees for the cost of administering the deferred compensation plan. (2) Asset management fees as determined by the system assessed against investment earnings of investment option or of other investment funds. These fees shall be disclosed to employees participating in the deferred compensation plan. (3) Compensation deferrals to be paid in monthly installments by employers sponsoring deferred compensation plans described in Section 24975 for investment by the system. The moneys shall be deposited in the investment corpus account within the Teachers’ Deferred Compensation Fund and invested in accordance with the investment options selected by the participating employee. (4) Disbursements to participating employees shall be paid from a disbursement account within the Teachers’ Deferred Compensation Fund in accordance with applicable federal law pertaining to deferred compensation plans. (5) Income, of whatever nature, earned on the Teachers’ Deferred Compensation Fund shall be credited to the appropriate account. The accounts of participating employees of the employer shall be individually posted to reflect amounts of compensation deferred and investment gains and losses. A periodic statement shall be given to each participating employee. (6) The system shall have exclusive control of the administration and investment of the Teachers’ Deferred Compensation Fund. (7) All of the system’s costs of administering the deferred compensation plans pursuant to this chapter shall be recovered from the employees who participate in the plans or assets of the Teachers’ Deferred Compensation Fund in a manner acceptable to the board. (Amended by Stats. 2008, Ch. 432, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 37. Deferred Compensation Plans [24975 - 24977] SECTION 24977. Source version: id_507fa94c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=37.&article= (a) An employer that employs persons to perform creditable service subject to coverage by the plan under this part that offers a deferred compensation plan as described in Section 457 of the Internal Revenue Code may enter into a written contract with the system for services regarding that deferred compensation plan provided by the employer. That contract may include any of the following services: (1) Services to ensure compliance with Section 457 of the Internal Revenue Code regarding the deferred compensation plan including, but not limited to, services that permit the system to do any of the following: (A) Administer and maintain written plan documents governing the employer’s plan. (B) Review and authorize requests for unforeseeable emergency withdrawals, transfer requests, loan requests and other disbursements permitted under Section 457 of the Internal Revenue Code. (C) Review and determine domestic relations orders as qualified domestic relations orders as described in Section 414(p) of the Internal Revenue Code. (D) Provide notice to eligible employees that is consistent with Title 26 of the Code of Federal Regulations that those employees may participate in the deferred compensation plan. (E) Administer and maintain specimen salary reduction agreements for the employer and employees of that employer to initiate payroll deferrals. (F) Monitor, from information provided either directly from the employee, as part of the common remitting services provided pursuant to paragraph (2), through information provided by the employer, or through information provided by vendors authorized by the employer to provide investment products, the maximum contributions allowed by employees participating in the deferred compensation plan as described in Sections 414(v) and 457 of the Internal Revenue Code. (G) Calculate and maintain vesting information for contributions made by the employer to the deferred compensation plan. (H) Identify and notify employees that are required to take a minimum distribution of the funds in that employee’s deferred compensation plan as described in Section 401(a)(9) of the Internal Revenue Code. (I) Coordinate responses to the Internal Revenue Service if there is an Internal Revenue Service audit of the deferred compensation plan. (2) Services to administer the deferred compensation plan that include, but are not limited to, all of the following: (A) Common remitting services. (B) General educational information to employees about the deferred compensation plan that includes, but is not limited to, the enrollment process, program eligibility, and investment options. (C) Internal reports for the employer to ensure compliance with Section 457 of the Internal Revenue Code and Title 26 of the Code of Federal Regulations. (D) Consulting services related to the design, operation, and administration of the plan. (E) Internal audits, on behalf of an employer, of a provider’s plan compliance procedures with respect to the provider’s custodial account offered under the employer’s plan. These audits shall not be conducted more than once per year for any provider’s plan unless documented evidence indicates a problem in complying with Section 457 of the Internal Revenue Code. (b) The system may contract with a third-party administrator for the administrative and compliance services to employers described in subdivision (a). For purposes of this subdivision, a “third-party administrator” shall mean a person or entity other than the system that provides administrative or compliance services as described in subdivision (a). If the system contracts with a third-party administrator, the system shall do all of the following: (1) Determine that hiring a third-party administrator is in the best interest of the participants to the deferred compensation plan, their beneficiaries, and the employer that provides that deferred compensation plan. (2) Require the third-party administrator to provide proof of liability insurance and a fidelity bond in an amount determined by the system to be sufficient to protect the assets of participants and beneficiaries in the deferred compensation plan. (3) Require evidence, if the third-party administrator is related to or affiliated with a provider of investment products pursuant to Section 457 of the Internal Revenue Code, that data generated from the services provided by the third-party administrator are maintained in a manner that prevents the provider of investment products from accessing that data. (c) Nothing in this section requires an employer to contract with the system for the administrative or compliance services described in subdivision (a). A written contract for the administrative or compliance services described in subdivision (a) shall be on behalf of and at the request of the employer. (d) Any personal information obtained by the system in providing services pursuant to this section shall be used by the system only to provide those services for the employer in accordance with the contract entered into with the employer pursuant to subdivision (b). (e) The cost of providing administrative or compliance services pursuant to this section shall be deemed to be a cost incurred by the employer and subject to subdivision (b) of Section 44041 or subdivision (b) of Section 87040. (f) In any conflict between this section and Section 44041.5 or 87040.5, including with respect to the provision of services provided pursuant to a contract between an employer and the system, the provisions of this section shall prevail. (g) The system shall disclose to an employer seeking the services described in this section any fees, commissions, cost offsets, reimbursements, or marketing or promotional items received by the system or a third-party administrator from any plan provider selected as a vendor of a deferred compensation plan by the employer. If the system or a third-party administrator is affiliated with or has a contractual relationship with a provider of deferred compensation plans, the system or third-party administrator shall disclose the existence of that relationship to each employer and each individual participant in the deferred compensation plan. (Added by Stats. 2006, Ch. 780, Sec. 5. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 1. General Provisions [25000 - 25000.9] SECTION 25000. Source version: id_d17a4892-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=1. The Defined Benefit Supplement Program is hereby established to provide supplemental benefits for members of the Defined Benefit Program. The Teachers’ Retirement Board shall administer the Defined Benefit Supplement Program in accordance with the provisions of this part. (Amended (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 45. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 1. General Provisions [25000 - 25000.9] SECTION 25000.5. Source version: id_d17a4894-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=1. The design and administration of the Defined Benefit Supplement Program shall comply with the applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. The board may amend the plan with respect to the Defined Benefit Supplement Program to do any of the following: (a) Comply with applicable federal law and regulations to the extent permitted by law. (b) Adopt or amend actuarial assumptions. (c) Designate the initial plan year. (d) Declare the annual the minimum interest rate. (e) Declare an additional earnings credit. (f) Declare an additional annuity credit. (Amended (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 46. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 1. General Provisions [25000 - 25000.9] SECTION 25000.7. Source version: id_d17a4896-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=1. (a) A member shall have a vested right to a benefit under the Defined Benefit Supplement Program in an amount equal to the balance of credits in the member’s Defined Benefit Supplement account. That right shall accrue when the member’s Defined Benefit Supplement account is established pursuant to Section 25004. (b) If a person becomes entitled to a distribution from the program under this part that constitutes an eligible rollover distribution within the meaning of Section 401(a)(31) of Title 26 of the United States Code, the person may elect, under terms and conditions established by the board, to have the distribution or a portion thereof paid directly to a plan that constitutes an eligible retirement plan within the meaning of Section 401(a)(31), as specified by that person. Upon the exercise of the election by a person with respect to a distribution or a portion thereof, the distribution from the program of the amount so designated, once distributable under the terms of the program, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 1. General Provisions [25000 - 25000.9] SECTION 25000.9. Source version: id_176aa9f3-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=1. (a) For purposes of this chapter and Section 23300, “nonmember spouse” means a member’s spouse or former spouse who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part. (b) For purposes of this chapter and Section 23300, a member’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the service credit, accumulated retirement contributions, accumulated Defined Benefit Supplement account balance, or benefits of the member under this part shall be treated in the same manner as a nonmember spouse. (c) A nonmember spouse may not be considered a member based upon his or her receipt of any of the following being awarded to the nonmember spouse as a result of legal separation, dissolution of marriage, or dissolution of domestic partnership: (1) A separate account of service credit and accumulated retirement contributions, a retirement allowance, or an interest in the member’s retirement allowance under the Defined Benefit Program. (2) A separate account based on the member’s Defined Benefit Supplement account balance, a retirement benefit, or an interest in the member’s retirement benefit under the Defined Benefit Supplement Program. (Amended by Stats. 2005, Ch. 418, Sec. 8. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25001. Source version: id_b1b3f332-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. (a) The board shall establish a segregated account within the retirement fund to be known as the Gain and Loss Reserve, and the board shall have sole authority over the reserve. The Gain and Loss Reserve shall be maintained for the Defined Benefit Supplement Program and may be used to credit interest at the minimum interest rate for plan years in which the board determines that the obligation cannot be met from investment earnings. The Gain and Loss Reserve may also be used to provide additions to the Annuitant Reserve for monthly annuities payable under the Defined Benefit Supplement Program. (b) The board shall establish a goal for the balance of the Gain and Loss Reserve and periodically shall review the sufficiency of the reserve based on the recommendations of the actuary. (c) The board may allocate excess earnings of the plan with respect to assets attributable to the Defined Benefit Supplement Program to the Gain and Loss Reserve. In addition, the board may allocate any liability gains and losses attributable to the Defined Benefit Supplement Program to the Gain and Loss Reserve. Upon the recommendation of the actuary, the board shall determine annually the amount, if any, that is to be allocated to the Gain and Loss Reserve for that plan year. That determination shall be made upon recommendation of the actuary based on the actuarial valuation undertaken following the plan year pursuant to Section 22311.5, but no later than June 30 following the end of the plan year. In determining whether to allocate excess earnings to the Gain and Loss Reserve, the board shall consider all of the following: (1) Whether or not the plan has excess earnings attributable to the Defined Benefit Supplement Program. (2) The sufficiency of the Gain and Loss Reserve in light of the goal established pursuant to subdivision (b). (3) The amount required for the plan’s administrative costs with respect to the Defined Benefit Supplement Program. (4) The amount required for crediting members’ accounts at the minimum interest rate. (d) In determining whether to allocate liability gains and losses to the Gain and Loss Reserve, the board shall consider the matters described in paragraphs (2), (3), and (4) of subdivision (c). (Amended by Stats. 2016, Ch. 218, Sec. 38. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25002. Source version: id_d17bcf3e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. The board shall establish and maintain a segregated account within the retirement fund to be known as the Annuitant Reserve and the board shall have sole authority over the reserve. The Annuitant Reserve shall be used for the payment of annuities under the Defined Benefit Supplement Program. The board shall transfer the balance of credits in a member’s accumulated Defined Benefit Supplement account to the reserve when a benefit is to be paid as an annuity. (Amended (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 48. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25003. Source version: id_d17bcf40-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. The board may transfer amounts between the Gain and Loss Reserve and the Annuitant Reserve upon the recommendation of the actuary. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25004. Source version: id_d17d55e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. Member accounts under the Defined Benefit Supplement Program shall be nominal accounts. Member contributions and employer contributions on behalf of the member that are specifically identified as creditable to the Defined Benefit Supplement Program shall be treated as credits to the member’s Defined Benefit Supplement account, together with interest credited at the minimum interest rate and additional earnings credit thereon. The balance of credits in a member’s account shall determine the amount to which the member is entitled under the Defined Benefit Supplement Program upon termination of employment subject to coverage by the plan. The member shall not have a right or claim to any specific assets of the account, program, plan, or retirement fund. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25005. Source version: id_d17d55e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. (a) Prior to July 1 of the initial plan year, and prior to the beginning of each plan year thereafter, the board shall adopt a plan amendment with respect to the Defined Benefit Supplement Program to declare the rate at which interest shall be credited to Defined Benefit Supplement accounts for the following plan year. (b) The minimum interest rate declared annually by the board shall be in accordance with applicable federal laws and related regulations and shall not be less than the rate at which interest is credited under the Defined Benefit Program. (c) Interest shall be credited to Defined Benefit Supplement accounts and shall be computed at the minimum interest rate on the balance of credits in a member’s account and shall be compounded daily. (d) Credited interest shall not be applied to the balance of credits in a member’s Defined Benefit Supplement account that has been transferred to the Annuitant Reserve. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25006. Source version: id_bbbc4f34-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. (a) The board may declare an additional earnings credit to be applied to Defined Benefit Supplement accounts for a plan year. Prior to declaring an additional earnings credit, the board shall consider all of the following: (1) Whether the plan’s investment earnings with respect to the Defined Benefit Supplement Program for the plan year exceed the amount required to meet the liabilities identified in paragraphs (2), (3), and (4). (2) The amount required for the plan year to credit interest on members’ nominal accounts at the minimum interest rate. (3) The amount of the plan’s administrative expenses with respect to the Defined Benefit Supplement Program for the plan year. (4) The sufficiency of the Gain and Loss Reserve and whether any additions must be made to that reserve. (b) For any plan year that the board declares an additional earnings credit, the board shall specify the amount to be added to members’ accounts as a percentage increase. The additional earnings credit shall be applied to the balance of credits in each member’s nominal account as of the last day of the plan year and shall be applied as of the date specified by the board. The additional earnings credit shall not be added to the balance of credits transferred from a member’s Defined Benefit Supplement account to the Annuitant Reserve. (c) The declaration of an additional earnings credit shall be made as a plan amendment adopted by the board with respect to the Defined Benefit Supplement Program upon recommendation of the actuary based on the actuarial valuation undertaken following the plan year pursuant to Section 22311.5, but no later than June 30 following the end of the plan year. (Amended by Stats. 2016, Ch. 218, Sec. 39. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25007. Source version: id_44b5a95b-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. When the board declares an additional earnings credit for a plan year, the board also may declare by plan amendment an additional annuity credit, for members and annuity beneficiaries who are receiving an annuity as of the date specified by the board pursuant to Section 25006, based on the annuity of the member and annuity beneficiaries for the plan year. The additional annuity credit shall be paid in a lump sum to the members and annuity beneficiaries on the date specified by the board. In addition to the considerations specified in Section 25006, prior to declaring an additional earnings credit, the board shall consider both of the following: (a) The amount required for the plan year to apply the additional earnings credit to the Defined Benefit Supplement accounts of members who are not receiving an annuity under the Defined Benefit Supplement Program for the plan year. (b) Any other obligations incurred by the plan with respect to the Defined Benefit Supplement Program. (Amended by Stats. 2009, Ch. 304, Sec. 26. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25008. Source version: id_d17edc8a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. A member’s right to an amount equal to the member’s Defined Benefit Supplement account balance shall be vested at the time contributions are initially credited to the member’s account. (Amended (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 50. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 2. Program Accounts [25001 - 25008.5] SECTION 25008.5. Source version: id_7a1fbe67-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=2. Notwithstanding any other law, if (a) a member or beneficiary whose effective date for a benefit received pursuant to any other chapter of this part was prior to January 1, 2010, (b) the member or beneficiary was required to receive a distribution of the balance of credits from the member’s Defined Benefit Supplement account pursuant to this chapter, and (c) the member or beneficiary failed to submit an application for the distribution of the member’s Defined Benefit Supplement account prior to January 1, 2010, the system shall distribute the balance of credits in the member’s Defined Benefit Supplement account in a lump-sum payment to the member or beneficiary, as applicable, by March 31, 2010. (Added by Stats. 2009, Ch. 304, Sec. 27. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 3. Retirement Benefits [25009 - 25011.6] SECTION 25009. Source version: id_b17b040a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=3. (a) A member’s retirement benefit under the Defined Benefit Supplement Program shall be an amount equal to the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. (b) A retirement benefit shall be a lump-sum payment, or an annuity payable in monthly installments, or a combination of both a lump-sum payment and an annuity, as elected by the member on the application for a retirement benefit. Any retirement benefit paid as an annuity under this chapter shall be subject to Section 25011 or 25011.1. (c) Upon distribution of the entire retirement benefit in a lump-sum payment, no other benefit shall be payable to the member or the member’s beneficiary under the Defined Benefit Supplement Program. (d) A member may not apply a lump-sum payment made to the member pursuant to this section for any of the following purposes: (1) Purchasing service credit pursuant to Chapter 14 (commencing with Section 22800), Chapter 14.2 (commencing with Section 22820), or Chapter 14.5 (commencing with Section 22850). (2) Redepositing previously refunded retirement contributions pursuant to Chapter 19 (commencing with Section 23200). (Amended by Stats. 2007, Ch. 323, Sec. 18. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 3. Retirement Benefits [25009 - 25011.6] SECTION 25010. Source version: id_489d1cbd-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=3. (a) A member who meets the following eligibility requirements shall receive a retirement benefit under the Defined Benefit Supplement Program: (1) The member has terminated all employment to perform creditable service subject to coverage by the plan. The member’s employer, or employers if the member has multiple employers, shall certify on a form prescribed by the system that the member’s employment has been terminated. (2) The member has retired for service under the Defined Benefit Program pursuant to Chapter 27 (commencing with Section 24201). (b) A member shall submit an application for a retirement benefit on a form prescribed by the system. (c) A member retiring for service pursuant to Chapter 27 (commencing with Section 24201) on or after January 1, 2010, shall not receive an allowance pursuant to Chapter 27 unless the member has submitted a completed application pursuant to subdivision (b). (Amended by Stats. 2009, Ch. 304, Sec. 28. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 3. Retirement Benefits [25009 - 25011.6] SECTION 25011. Source version: id_d83ea7e3-fccd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=3. (a) A member or nonmember spouse may elect to receive the retirement benefit as an annuity payable in monthly installments, provided the balance of credits in the member’s or nonmember spouse’s respective Defined Benefit Supplement account on the date the retirement benefit becomes payable equals at least three thousand five hundred dollars ($3,500) after any lump-sum payments have been made from the account. (b) If the member elects to receive the retirement benefit as an annuity, the member shall elect one of the following forms of payment: (1) A single life annuity without a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the retirement benefit in a lump-sum payment. Upon the death of the member, no other benefit shall be payable to the member’s beneficiary under the Defined Benefit Supplement Program. (2) A single life annuity with a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the retirement benefit in a lump-sum payment. Upon the death of the member, an amount equal to the remaining balance, if any, of credits transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall be returned in a lump-sum payment to the member’s beneficiary. (3) A 100-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Upon the death of the member, the same monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary. However, if the annuity beneficiary predeceases the member, the annuity payable to the member shall be the single life annuity with a cash refund feature that would have been payable had the member elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification, on a properly executed form, is received by the board, provided both the member and the new annuity beneficiary are then living. The new annuity beneficiary under this paragraph is subject to an actuarial modification of the single life annuity with a cash refund feature and may not result in any additional liability to the fund. The new annuity beneficiary may not be an existing annuity beneficiary. (4) A 50-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Upon the death of the member, one-half of the monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary. However, if the annuity beneficiary predeceases the member, the annuity payable to the member shall be the single life annuity with a cash refund feature that would have been payable had the member elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification, on a properly executed form, is received by the board, provided both the member and the new annuity beneficiary are then living. The new annuity beneficiary under this paragraph is subject to an actuarial modification of the single life annuity with a cash refund feature and may not result in any additional liability to the fund. The new annuity beneficiary may not be an existing annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the member, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the member’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the member’s beneficiary pursuant to Section 25022. (c) If a nonmember spouse elects to receive the retirement benefit as an annuity, the nonmember spouse shall elect the form of payment specified in paragraph (1), (2), or (5) of subdivision (b) and, in those paragraphs, references to a “member” shall apply to the nonmember spouse. (d) On or after January 1, 2007, a member may not make a new election of a joint and survivor annuity described in subdivision (b), except as provided by subdivision (e) of Section 25011.1. (e) Any member with a retirement effective on or after January 1, 2007, shall elect an annuity from the annuities described in Section 25011.1. (Amended by Stats. 2018, Ch. 416, Sec. 18. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 3. Retirement Benefits [25009 - 25011.6] SECTION 25011.1. Source version: id_c1868b5f-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=3. (a) A member may elect to receive the retirement benefit as an annuity payable in monthly installments, provided the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable equals at least three thousand five hundred dollars ($3,500) after any lump-sum payments have been made from the account. If the member elects to receive the retirement benefit as an annuity, the member shall elect one of the following forms of payments: (1) Member only annuity. This is a single life annuity with a cash refund feature that is the actuarial equivalent of the amount that would be payable to the retired member if the member elected to receive the retirement benefit in a lump-sum payment. Upon the death of the member, an amount equal to the remaining balance of credits, if any, transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall be returned in a lump-sum payment to the beneficiary of the member. (2) One hundred percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Upon the death of the member, 100 percent of the monthly amount that was payable to the member shall be paid monthly to the surviving annuity beneficiary or beneficiaries of the member. (3) Seventy-five percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Pursuant to Section 401(a)(9) of the Internal Revenue Code, the member shall not elect this annuity if a beneficiary is more than exactly 19 years younger than the member, unless the beneficiary is the member’s spouse or former spouse and the election is pursuant to a determination of community property rights. Upon the death of the member, 75 percent of the monthly amount that was payable to the member shall be paid monthly to the surviving annuity beneficiary or beneficiaries of the member. (4) Fifty percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Upon the death of the member, 50 percent of the monthly amount that was payable to the member shall be paid monthly to the surviving annuity beneficiary or beneficiaries of the member. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date the retirement benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the member, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the member’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the member’s beneficiary pursuant to Section 25022. (b) If an annuity beneficiary designated pursuant to paragraph (2), (3), or (4) of subdivision (a) predeceases the member, the annuity shall be paid to the member as the member only annuity that would have been payable had the member elected that form of payment at the commencement of the benefit. That member only annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification is received by the board, provided both the member and the new annuity beneficiary are then living. Notice to the board of the death of the annuity beneficiary shall be on a properly executed form provided by the system. The new annuity beneficiary under this paragraph is subject to an actuarial modification of the member only annuity and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (c) If a nonmember spouse elects to receive the retirement benefit as an annuity, the nonmember spouse shall elect the form of payment specified in paragraph (1) or (5) of subdivision (a) and, in those paragraphs, references to a “member” shall apply to the nonmember spouse. (d) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse as described in paragraph (3) or (5) of subdivision (a) does not include the domestic partner of the member, pursuant to Section 7 of Title 1 of the United States Code. (e) If there is a determination of community property rights as described in Chapter 12 (commencing with Section 22650) of this part on or before December 31, 2006, the member may elect the annuity that is required by the judgment or court order. This part does not permit the member to change the annuity to the detriment of the community property interest of the nonmember spouse. (Amended by Stats. 2019, Ch. 497, Sec. 40. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 3. Retirement Benefits [25009 - 25011.6] SECTION 25011.5. Source version: id_b6064300-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=3. (a) A member who retired and elected an annuity pursuant to Section 25011 may elect to change annuities, subject to all of the following: (1) A member who elected a single life annuity with or without a cash refund feature or elects a period certain annuity may not change his or her annuity. (2) A member who elected an annuity under paragraph (3) or (4) of subdivision (a) of Section 25011 may elect an annuity under paragraph (3) of subdivision (a) of Section 25011.1. (3) The election by the member under this section is made on or after January 1, 2007, and prior to July 1, 2007. (4) The member designates the same beneficiary that was designated under the prior annuity election by the member, if the annuity and annuity designation was effective on December 31, 2006. (5) The member and the annuity beneficiary are not afflicted with a known terminal illness and the member declares, under penalty of perjury under the laws of this state, that to the best of his or her knowledge, he or she and the annuity beneficiary are not afflicted with a known terminal illness. (6) The annuity beneficiary has not predeceased the member as of the effective date of the change in the annuity by the member. (b) The change in the annuity by the member shall be effective on the date the election is signed, provided that the election is on a properly executed form provided by the system and that election is received at the system’s headquarters office within 30 days after the date the election is signed. (c) After receipt of a member’s election document, the system shall mail an acknowledgment notice to the member that sets forth the new annuity elected by the member. (d) If the member and the annuity beneficiary are alive and not afflicted with a known terminal illness, a member may cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the member may elect to make a one-time change from the preexisting annuity to any other annuity provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change shall be made on a properly executed form provided by the system and shall be received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the member elects to make the one-time change provided by this subdivision, the change shall be effective as of the member’s signature date on the initial election to change. (e) If the system is unable to mail an acknowledgment notice to the member on or before June 1, 2007, or prior to the end of the election period, provided that the member and the annuity beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a member to cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the member may elect to make a one-time change from the preexisting annuity to any other annuity provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change may be made after the end of the election period if it is made on a properly executed form provided by the system and is received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the member elects to make the one-time change provided by this subdivision, the change shall be effective as of the member’s signature date on the initial election to change. (f) If the member elects to change his or her annuity as described in subdivision (a), the annuity of the member shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) References to a “member” in paragraph (1) of subdivision (a) shall apply to the nonmember spouse. (h) The member shall not change annuities in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Amended by Stats. 2013, Ch. 558, Sec. 48. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 3. Retirement Benefits [25009 - 25011.6] SECTION 25011.6. Source version: id_a1873356-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=3. (a) A member who retired and elected a beneficiary annuity pursuant to Section 25011.1 with his or her same-sex spouse or same-sex former spouse designated as annuity beneficiary pursuant to Section 25015 may elect to change his or her annuity subject to the following: (1) A member who elected the 100 percent beneficiary annuity or the 50 percent beneficiary annuity may elect to change his or her beneficiary annuity to the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 25011.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (2) (A) A member who elected the compound option described in paragraph (4) of subdivision (a) of Section 24300.1 may elect to change his or her beneficiary annuity to the 100 percent beneficiary annuity described in paragraph (2) of subdivision (a) of Section 25011.1, or the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 25011.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 10 years younger than the member under the 100 percent beneficiary annuity, or more than exactly 19 years younger than the member under the 75 percent beneficiary annuity. (B) Any change made pursuant to this paragraph shall be subject to the requirements and restrictions of Section 25015. (3) The annuity change made by the member pursuant to this section is made on or after July 1, 2015, and on or before December 31, 2015. (4) The member married a same-sex spouse, the marriage is or was recognized by the United States government, any state government, or any foreign government, and his or her same-sex spouse or same-sex former spouse was designated as his or her annuity beneficiary prior to July 1, 2015. (5) The same-sex spouse or same-sex former spouse is a current annuity beneficiary, and the same annuity beneficiary or beneficiaries that were designated for the prior annuity elected by the member remain. (6) The annuity beneficiary or beneficiaries have not predeceased the member as of the effective date of the annuity change made by the member pursuant to this section. (b) The annuity change made by a member pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior annuity election or June 26, 2013, whichever is later. (c) The annuity change made by the member pursuant to subdivision (a) shall be on a properly executed form provided by the system subject to the following requirements: (1) The form is signed and dated by the member and the member’s spouse, if applicable, on or after July 1, 2015, and on or before December 31, 2015. (2) The date the form is received at the system’s headquarters office is within 30 calendar days after the date of the member’s signature and within 30 calendar days after the date of the spouse’s signature, if applicable. (d) After receipt of a member’s election, the system shall mail an acknowledgment notice to the member that sets forth the new annuity elected by the member. (e) A member may cancel an annuity change made pursuant to subdivision (a) and elect to receive his or her benefit according to his or her prior annuity election provided the requirements of paragraphs (5) and (6) of subdivision (a) are still met. The cancellation shall become effective as of the date of the initial annuity change pursuant to subdivision (b) subject to the following requirements: (1) The cancellation is made on a properly executed form provided by the system. (2) The form includes the signatures of the member and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (f) A member may cancel an initial annuity change made pursuant to subdivision (a) and elect to make one subsequent change from his or her prior annuity election to any other annuity provided by and subject to the restrictions of subdivision (a). The subsequent change shall become effective as of the date of the initial annuity change pursuant to subdivision (b) and subject to the following requirements: (1) The cancellation and subsequent change are made on a properly executed form provided by the system. (2) The form includes the signatures of the member and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (g) If a member elects to change his or her annuity pursuant to subdivision (a) or (f), the member’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (h) A member shall not change his or her annuity in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Added by Stats. 2014, Ch. 755, Sec. 70. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 4. Annuities [25012 - 25015] SECTION 25012. Source version: id_3b5293f7-fcce-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=4. (a) Except as provided in subdivision (b), an annuity payable under the Defined Benefit Supplement Program shall be determined as a value actuarially equivalent to the balance of credits in the member’s Defined Benefit Supplement Program account on the member’s retirement date and after any lump-sum payment. If a single life annuity is elected, the annuity shall be calculated using the age of the member on the member’s retirement date. A member may elect a single life annuity only if the member did not elect to receive a modified allowance pursuant to Section 24300 or 24300.1. If a joint and survivor annuity is elected, the annuity shall be calculated using the age of the member and the age of the member’s beneficiary on the member’s annuity effective date. A member may elect a joint and survivor annuity only if the member elected to receive a modified allowance pursuant to Section 24300 or 24300.1. (b) If a member elected to receive an annuity pursuant to Section 25018 or 25018.1, and if the member is still receiving the annuity at the time the member’s disability allowance is terminated pursuant to Section 24213, the annuity already in effect shall continue upon the member’s service retirement provided the member’s service retirement benefit effective date is the day after the disability allowance termination date. (c) The beneficiary designation made pursuant to Section 24307 is not applicable to benefits payable under this chapter. (Amended by Stats. 2018, Ch. 416, Sec. 20. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 4. Annuities [25012 - 25015] SECTION 25013. Source version: id_d1806338-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=4. Upon election by the member to receive a benefit payable under the Defined Benefit Supplement Program in the form of an annuity, the balance of credits in the member’s Defined Benefit Supplement account shall be transferred to the Annuitant Reserve. (Added by Stats. 2000, Ch. 74, Sec. 69. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 4. Annuities [25012 - 25015] SECTION 25014. Source version: id_d180633a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=4. (a) If a member reinstates from service retirement under this part, payment of a retirement annuity based on the balance of credits that was transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall terminate. The member’s Defined Benefit Supplement account shall be credited with the actuarial equivalent of the member’s annuity as of the date the annuity is terminated and the Annuitant Reserve shall be reduced by the amount credited to the member’s account. (b) If the member subsequently retires again, an annuity or lump-sum payment based on the remaining balance of credits in the member’s Defined Benefit Supplement account at the time of the subsequent retirement shall become payable pursuant to Section 24202.5 and the balance of credits in the member’s Defined Benefit Supplement account shall be transferred to the Annuitant Reserve or paid to the member in the form of a lump-sum payment. (Amended by Stats. 2001, Ch. 803, Sec. 26. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 4. Annuities [25012 - 25015] SECTION 25015. Source version: id_cf19e2e1-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=4. (a) If a member elects to receive a benefit payable under the Defined Benefit Supplement Program as a joint and survivor annuity, the designation of the beneficiary made pursuant to Section 24300 or 24300.1 shall apply to the benefit payable under this chapter. The annuity beneficiary designation shall not be changed after the date the benefit becomes payable to the member, except as provided in Section 24320, 24321, 24322, 24323, 24324, 25011, 25011.1, 25018, or 25018.1, or Chapter 12 (commencing with Section 22650). (b) If the member designates one or multiple option beneficiaries within Option 8 pursuant to Section 24300 or the compound option pursuant to Section 24300.1, the percentage of the unmodified allowance attributable to each option beneficiary specified in that designation shall apply to the joint and survivor annuity payable under this chapter. The member shall elect one joint and survivor annuity type and this annuity type shall be applied the same for each beneficiary and each designated percentage of the member only annuity. If any percentage of the allowance was designated to remain unmodified, the member only annuity shall apply for the corresponding percentage of the annuity provided under this chapter. The annuity amount payable to the member during the member’s lifetime shall be modified to be payable over the combined lives of the member and the annuity beneficiary or beneficiaries. (1) Pursuant to Section 401(a)(9) of the Internal Revenue Code, the member shall not designate the 100-percent beneficiary annuity type under this subdivision if any annuity beneficiary is more than exactly 10 years younger than the member, unless that annuity beneficiary is the member’s spouse or former spouse who has been awarded a community property interest in the member’s benefits under this part. (2) Pursuant to Section 401(a)(9) of the Internal Revenue Code, the member shall not designate the 75-percent beneficiary annuity type under this subdivision if any annuity beneficiary is more than exactly 19 years younger than the member, unless that annuity beneficiary is the member’s spouse or former spouse who has been awarded a community property interest in the member’s benefits under this part. (c) (1) If the member predeceases an annuity beneficiary, the annuity beneficiary may designate, on a properly executed form provided by the system, a payee to receive an amount that may be payable in a lump sum pursuant to Section 25023 upon the death of the annuity beneficiary. (2) Unless otherwise specified in the trust instrument, the trustee or beneficiary of the trust that is an annuity beneficiary is entitled to name a subsequent beneficiary if the trust is valid. If the trust is determined to be invalid or terminates, any election by the trustee pursuant to this paragraph shall be void and the beneficiary shall be entitled to exercise all rights provided to annuity beneficiaries under this part. (Amended by Stats. 2019, Ch. 497, Sec. 41. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 5. Disability Benefits [25016 - 25019] SECTION 25016. Source version: id_5324638a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=5. (a) A member’s disability benefit under the Defined Benefit Supplement Program shall be an amount equal to the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable. (b) A disability benefit shall be a lump-sum payment, or an annuity payable in monthly installments, or a combination of both a lump-sum payment and an annuity, as elected by the member on the application for a disability benefit. Any retirement benefit paid as an annuity under this chapter shall be subject to Section 25018 or 25018.1. (c) Upon distribution of the entire disability benefit in a lump-sum payment, no other benefit shall be payable to the member or the member’s beneficiary under the Defined Benefit Supplement Program. (Amended by Stats. 2006, Ch. 655, Sec. 56. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 5. Disability Benefits [25016 - 25019] SECTION 25017. Source version: id_50824aa1-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=5. (a) A member shall receive a disability benefit under the Defined Benefit Supplement Program beginning on the effective date of the member’s disability allowance pursuant to Chapter 25 (commencing with Section 24001) or a disability retirement allowance pursuant to Chapter 26 (commencing with Section 24100) under the Defined Benefit Program. (b) The member, or the member’s employer or conservator on behalf of the member, shall submit an application for a disability benefit on a form prescribed by the system. (c) A member whose disability allowance or disability retirement allowance is effective on or after January 1, 2010, shall not receive an allowance pursuant to Chapter 25 (commencing with Section 24001) or Chapter 26 (commencing with Section 24100), as applicable, unless the member has submitted a completed application pursuant to subdivision (b). (Amended by Stats. 2009, Ch. 304, Sec. 30. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 5. Disability Benefits [25016 - 25019] SECTION 25018. Source version: id_9e6372cb-fcce-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=5. (a) A member may elect to receive the disability benefit as an annuity, payable in monthly installments, provided the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable equals at least three thousand five hundred dollars ($3,500) after any lump-sum payment has been made from this account. (b) If the member elects to receive the disability benefit as an annuity, the member shall elect one of the following forms of payment: (1) A single life annuity without a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the disability benefit in a lump-sum payment. Upon the death of the member, no other benefit shall be payable to the member’s beneficiary under the Defined Benefit Supplement Program. (2) A single life annuity with a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the disability benefit in a lump-sum payment. Upon the death of the member, an amount equal to the remaining balance of credits, if any, transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall be returned in a lump-sum payment to the member’s beneficiary. (3) For a member receiving an allowance pursuant to Chapter 26 (commencing with Section 24100), a 100-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Upon the death of the member, the same monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary. However, if the annuity beneficiary predeceases the member, the annuity payable to the member shall be the single life annuity with a cash refund feature that would have been payable had the member elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification, on a properly executed form, is received by the board, provided both the member and the new annuity beneficiary are then living. The new annuity beneficiary under this paragraph shall be subject to an actuarial modification of the single life annuity with a cash refund feature and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (4) For a member receiving an allowance pursuant to Chapter 26 (commencing with Section 24100), a 50-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary. Upon the death of the member, one-half of the monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary. However, if the annuity beneficiary predeceases the member, the annuity payable to the member shall be the single life annuity with a cash refund feature that would have been payable had the member elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be the new annuity beneficiary. The effective date shall be six months following the date notification, on a properly executed form, is received by the board, provided both the member and the new annuity beneficiary are then living. The new annuity beneficiary under this paragraph shall be subject to an actuarial modification of the single life annuity with a cash refund feature and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the member, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the member’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the member’s beneficiary pursuant to Section 25022. (c) Except as described in subdivision (d) of Section 25018.1, on or after January 1, 2007, a member may not make a new election for an annuity described in subdivision (b). (d) On or after January 1, 2007, a member may not make a new election of a joint and survivor annuity described in subdivision (b), except as provided by subdivision (e) of Section 25018.1. (e) Any member with a disability benefit effective on or after January 1, 2007, shall elect an annuity from the annuities described in Section 25018.1. (Amended by Stats. 2018, Ch. 416, Sec. 22. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 5. Disability Benefits [25016 - 25019] SECTION 25018.1. Source version: id_dd1b3e73-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=5. (a) A member may elect to receive the disability benefit as an annuity, payable in monthly installments, provided the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable equals at least three thousand five hundred dollars ($3,500) after any lump-sum payment has been made from this account. If the member elects to receive the disability benefit as an annuity, the member shall elect one of the following forms of payment: (1) Member only annuity. This is a single life annuity with a cash refund feature that is the actuarial equivalent of the amount that would be payable to the member if the member elected to receive the disability benefit in a lump-sum payment. Upon the death of the member, an amount equal to the remaining balance of credits, if any, transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve shall be returned in a lump-sum payment to the member’s beneficiary. (2) One hundred percent beneficiary annuity. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Upon the death of the member, 100 percent of the monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary or beneficiaries. (3) Seventy-five percent beneficiary annuity. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Pursuant to Section 401(a)(9) of the Internal Revenue Code, the member shall not elect this annuity if a beneficiary is more than exactly 19 years younger than the member unless the beneficiary is the member’s spouse or former spouse and the election is pursuant to a determination of community property rights. Upon the death of the member, 75 percent of the monthly amount that was payable to the member shall be paid monthly to the surviving annuity beneficiary or beneficiaries of the member. (4) Fifty percent beneficiary annuity. This form of payment is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the member and the member’s annuity beneficiary or beneficiaries. Upon the death of the member, one-half of the monthly amount that was payable to the member shall be paid monthly to the member’s surviving annuity beneficiary or beneficiaries. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date the disability benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the member, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the member’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the member’s beneficiary pursuant to Section 25022. (b) If an annuity beneficiary designated pursuant to paragraph (2), (3), or (4) of subdivision (a) predeceases the member, the annuity shall be paid to the member as the member only annuity that would have been payable had the member elected that form of payment at the commencement of the benefit. That member only annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the member and the member designates a new option beneficiary pursuant to Section 24323, the new option beneficiary shall be a new annuity beneficiary. The effective date shall be six months following the date notification is received by the board, provided both the member and the new annuity beneficiary are then living. Notice to the board of the death of the annuity beneficiary shall be on a properly executed form provided by the system. The new annuity beneficiary under this paragraph is subject to an actuarial modification of the member only annuity and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (c) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse as described in paragraph (3) or (5) of subdivision (a) does not include the domestic partner of the member, pursuant to Section 7 of Title 1 of the United States Code. (d) If there is a determination of community property rights as described in Chapter 12 (commencing with Section 22650) of this part on or before December 31, 2006, the member may elect the annuity that is required by the judgment or court order. This part does not permit the member to change the annuity to the detriment of the community property interest of the nonmember spouse. (Amended by Stats. 2019, Ch. 497, Sec. 42. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 5. Disability Benefits [25016 - 25019] SECTION 25018.2. Source version: id_b7e75f12-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=5. (a) A member who is disabled and elected an annuity pursuant to Section 25018 may elect to change annuities, subject to all of the following: (1) A member who elected a single life annuity with or without a cash refund feature or elected a period certain annuity may not change his or her annuity. (2) A member who elected an annuity under paragraph (3) or (4) of subdivision (b) of Section 25018 may elect an annuity under paragraph (3) of subdivision (a) of Section 25018.1. (3) The election by the member under this section is made on or after January 1, 2007, and prior to July 1, 2007. (4) The member designates the same annuity beneficiary that was designated under the prior annuity election by the member, if the annuity and the annuity designation were effective on December 31, 2006. (5) The member and the annuity beneficiary are not afflicted with a known terminal illness and the member declares, under penalty of perjury under the laws of this state, that to the best of his or her knowledge, he or she and the annuity beneficiary are not afflicted with a known terminal illness. (6) The annuity beneficiary has not predeceased the member as of the effective date of the change in the annuity by the member. (b) The change in the annuity by the member shall be effective on the date the election is signed, provided that the election is on a properly executed form provided by the system and that election is received at the system’s headquarters office within 30 days after the date the election is signed. (c) After receipt of a member’s election document, the system shall mail an acknowledgment notice to the member that sets forth the new annuity elected by the member. (d) If the member and the annuity beneficiary are alive and not afflicted with a known terminal illness, a member may cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the member may elect to make a one-time change from the preexisting annuity to any other annuity provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change shall be made on a properly executed form provided by the system and shall be received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the member elects to make the one-time change provided by this subdivision, the change shall be effective as of the member’s signature date on the initial election to change. (e) If the system is unable to mail an acknowledgment notice to the member on or before June 1, 2007, or prior to the end of the election period, provided that the member and the annuity beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a member to cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the member may elect to make a one-time change from the preexisting annuity to any other annuity provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change may be made after the end of the election period if it is made on a properly executed form provided by the system and is received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the member elects to make the one-time change provided by this subdivision, the change shall be effective as of the member’s signature date on the initial election to change. (f) If the member elects to change his or her annuity as described in subdivision (a), (d), or (e), the annuity of the member shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) The member shall not change annuities in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Amended by Stats. 2013, Ch. 558, Sec. 49. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 5. Disability Benefits [25016 - 25019] SECTION 25018.5. Source version: id_d181e9e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=5. When a disabled member returns to work in his or her former position of employment or in a comparable level position and within six months of return experiences a recurrence of the original disability, it shall be considered, for the purpose of determining the duration of the disability, that the condition had its onset as of the date the member first became disabled. The former Defined Benefit Supplement disability benefit under this chapter shall again become payable as of the later of the first day of the month in which the recurrence of the disability occurred or the last day of service for which compensation is payable to the member provided the member complies with the provisions of Section 24003 or 24103, as applicable. (Amended by Stats. 2003, Ch. 859, Sec. 31. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 5. Disability Benefits [25016 - 25019] SECTION 25018.6. Source version: id_aaa27038-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=5. (a) A member receiving a disability retirement allowance who elected a beneficiary annuity pursuant to Section 25018.1 with a same-sex spouse or same-sex former spouse designated as annuity beneficiary pursuant to Section 25015 may elect to change his or her annuity subject to the following: (1) A member who elected the 100 percent beneficiary annuity or the 50 percent beneficiary annuity may elect to change his or her beneficiary annuity to the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 25018.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the member. (2) (A) A member who elected the compound option described in paragraph (4) of subdivision (a) of Section 24300.1 may elect to change his or her beneficiary annuity to the 100 percent beneficiary annuity described in paragraph (2) of subdivision (a) of Section 25018.1, or the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 25018.1, provided the member’s same-sex spouse or same-sex former spouse is more than exactly 10 years younger than the member under the 100 percent beneficiary annuity, or more than exactly 19 years younger than the member under the 75 percent beneficiary annuity. (B) Any change made pursuant to this paragraph shall be subject to the requirements and restrictions of Section 25015. (3) The annuity change made by the member pursuant to this section is made on or after July 1, 2015, and on or before December 31, 2015. (4) The member married a same-sex spouse, the marriage is or was recognized by the United States government, any state government, or any foreign government, and his or her same-sex spouse or same-sex former spouse was designated as his or her annuity beneficiary prior to July 1, 2015. (5) The same-sex spouse or same-sex former spouse is a current annuity beneficiary, and the same annuity beneficiary or beneficiaries that were designated for the prior annuity elected by the member remain. (6) The annuity beneficiary or beneficiaries have not predeceased the member as of the effective date of the annuity change made by the member pursuant to this section. (b) The annuity change made by a member pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior annuity election or June 26, 2013, whichever is later. (c) The annuity change made by the member pursuant to subdivision (a) shall be on a properly executed form provided by the system subject to the following requirements: (1) The form is signed and dated by the member and the member’s spouse, if applicable, on or after July 1, 2015, and on or before December 31, 2015. (2) The date the form is received at the system’s headquarters office is within 30 calendar days after the date of the member’s signature and within 30 calendar days after the date of the spouse’s signature, if applicable. (d) After receipt of a member’s election, the system shall mail an acknowledgment notice to the member that sets forth the new annuity elected by the member. (e) A member may cancel an annuity change made pursuant to subdivision (a) and elect to receive his or her benefit according to his or her prior annuity election provided the requirements of paragraphs (5) and (6) of subdivision (a) are still met. The cancellation shall become effective as of the date of the initial annuity change pursuant to subdivision (b) subject to the following requirements: (1) The cancellation is made on a properly executed form provided by the system. (2) The form includes the signatures of the member and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (f) A member may cancel an initial annuity change made pursuant to subdivision (a) and elect to make one subsequent change from his or her prior annuity election to any other annuity provided by and subject to the restrictions of subdivision (a). The subsequent change shall become effective as of the date of the initial annuity change pursuant to subdivision (b) and subject to the following requirements: (1) The cancellation and subsequent change are made on a properly executed form provided by the system. (2) The form includes the signatures of the member and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (g) If a member elects to change his or her annuity pursuant to subdivision (a) or (f), the member’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (h) A member shall not change his or her annuity in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Added by Stats. 2014, Ch. 755, Sec. 72. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 5. Disability Benefits [25016 - 25019] SECTION 25019. Source version: id_0d18352f-fccf-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=5. (a) If a member’s disability allowance or disability retirement allowance under this part is terminated, payment of a disability annuity based on the balance of credits transferred from the member’s Defined Benefit Supplement account to the Annuitant Reserve also shall terminate. The member’s Defined Benefit Supplement account shall be credited with the actuarial equivalent of the member’s annuity as of the date the annuity is terminated and the Annuitant Reserve shall be reduced by the amount credited to the member’s account. (b) If a disability allowance or a service or disability retirement allowance subsequently becomes payable again, an annuity or lump-sum payment based on the remaining balance of credits in the member’s Defined Benefit Supplement account at the time of the subsequent disability or service or disability retirement becomes payable and the balance of credits in the member’s Defined Benefit Supplement account shall be transferred to the Annuitant Reserve or paid to the member in the form of a lump-sum payment. (c) This section shall not apply to a member whose annuity continues pursuant to subdivision (b) of Section 25012. (Amended by Stats. 2018, Ch. 416, Sec. 24. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 6. Final Benefits [25020 - 25023] SECTION 25020. Source version: id_54657843-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=6. (a) A final benefit under the Defined Benefit Supplement Program shall become payable when the system receives proof of the member’s death. For a member who died on or after January 1, 2010, no benefit shall be paid to a beneficiary of the member pursuant to other chapters of this part until the final benefit is paid pursuant to this article. (b) If the member’s death occurs before an annuity under the Defined Benefit Supplement Program becomes payable, the final benefit shall be an amount equal to the balance of credits in the member’s Defined Benefit Supplement account on the date of the member’s death, plus minimum interest credited through the date of payment. (c) Upon distribution of a final benefit in a lump-sum payment, no other benefit shall be payable under the Defined Benefit Supplement Program to the member’s beneficiary. (Amended by Stats. 2009, Ch. 304, Sec. 31. (SB 634) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 6. Final Benefits [25020 - 25023] SECTION 25021. Source version: id_546dac72-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=6. (a) A beneficiary, other than an entity, may elect to receive the final benefit payable under the Defined Benefit Supplement Program as an annuity payable in monthly installments provided the balance of credits in the member’s Defined Benefit Supplement account that is payable to that beneficiary equals at least three thousand five hundred dollars ($3,500). (b) A beneficiary who elects to receive an annuity under this section shall elect a period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the balance of credits in the member’s Defined Benefit Supplement account on the date of the member’s death. The annuity shall be payable in whole year increments over a period of years specified by the beneficiary, from a minimum of three years to a maximum of 10 years, but not to exceed the life expectancy of the beneficiary. The beneficiary may designate a payee to receive the remaining balance of payments if the beneficiary’s death occurs prior to the end of the period certain. (c) A beneficiary may designate a payee who would, upon the death of the beneficiary, be entitled to receive the beneficiary’s accrued annuity allowance. (Amended by Stats. 2006, Ch. 655, Sec. 60. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 6. Final Benefits [25020 - 25023] SECTION 25022. Source version: id_b9bf5364-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=6. (a) If the death of a member occurs while the member is receiving an annuity under the Defined Benefit Supplement Program, the final benefit shall be payable in accordance with the terms of the annuity elected by the member. (b) If the member was receiving a single life annuity without a cash refund feature, a final benefit is not payable other than the accrued annuity for the month in which the member’s death occurred, which shall be paid in a lump sum to the beneficiary designated by the member pursuant to Section 23300 or 23301. (c) If the member was receiving a single life annuity with a cash refund feature, the final benefit shall be payable in a lump sum to the beneficiary designated by the member pursuant to Section 23300 or 23301. (d) If the member was receiving a joint and survivor annuity, the annuity shall continue to be paid to the surviving designated annuity beneficiary. If the designated annuity beneficiary predeceases the member, a final benefit is not payable. (e) If the member was receiving a period certain annuity, the remaining balance of payments shall be paid to the beneficiary designated by the member. (1) If the beneficiary is designated pursuant to Section 23300, the remaining period certain annuity payments shall be made over the amount of time remaining in the period originally elected by the deceased member and shall be made in payments equal to the amount of the annuity payments previously received by the deceased member. (2) If the beneficiary is designated pursuant to Section 23301, the remaining balance of period certain annuity payments shall be made in a lump-sum payment equal to the present value of the balance of payments due over the time remaining in the period originally elected by the deceased member. (f) A member may designate a beneficiary who would, upon the death of the member, be entitled to the member’s accrued annuity allowance. (Amended by Stats. 2013, Ch. 558, Sec. 50. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 6. Final Benefits [25020 - 25023] SECTION 25022.5. Source version: id_b375d6e6-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=6. (a) If the death of a nonmember spouse occurs while the nonmember spouse is receiving an annuity under the Defined Benefit Supplement Program, the final benefit shall be payable in accordance with the terms of the annuity elected by the nonmember spouse. (b) If the nonmember spouse was receiving a single life annuity without a cash refund feature, a final benefit is not payable. (c) If the nonmember spouse was receiving a single life annuity with a cash refund feature, the final benefit shall be payable in a lump sum to the nonmember spouse’s beneficiary. (d) If the nonmember spouse was receiving a period certain annuity, the remaining balance of payments shall be paid to the payee designated by the nonmember spouse pursuant to Section 22660. (1) If the beneficiary is a person, the remaining period certain annuity payments shall be made over the amount of time remaining in the period originally elected by the deceased member and shall be made in payments equal to the amount of the annuity payments previously received by the deceased member. (2) If the beneficiary is not a person, the remaining balance of period certain annuity payments shall be made in a lump-sum payment equal to the present value of the balance of payments due over the time remaining in the period originally elected by the deceased member. (Amended by Stats. 2017, Ch. 298, Sec. 20. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 6. Final Benefits [25020 - 25023] SECTION 25023. Source version: id_d184f734-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=6. (a) Upon the death of an annuity beneficiary who was receiving an annuity under a joint and survivor annuity elected by the member no further payment shall be made other than the accrued annuity for the month in which the annuity beneficiary’s death occurred, which shall be paid in a lump sum to the payee designated by the annuity beneficiary. (b) Upon the death of a beneficiary who was receiving a single life annuity without a cash refund feature, no further payment shall be made other than the accrued annuity for the month in which the beneficiary’s death occurred, which shall be paid in a lump sum to the payee designated by the beneficiary. (c) Upon the death of a beneficiary who was receiving a period certain annuity, the actuarial equivalent of the remaining balance of payments shall be paid in a lump sum to the payee designated by the beneficiary pursuant to subdivision (c) of Section 25015. (Amended by Stats. 2002, Ch. 375, Sec. 34. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 7. Termination Benefits [25024 - 25025] SECTION 25024. Source version: id_eac8ada5-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=7. (a) Upon the termination of all employment to perform creditable service subject to coverage under the plan for a reason other than retirement, disability, or death, a member shall be eligible for a termination benefit under the Defined Benefit Supplement Program. (b) A member shall submit an application for a termination benefit on a form prescribed by the system. If a member submits an application for a refund of contributions under the Defined Benefit Program, pursuant to Section 23103, that application shall also be deemed an application for a termination benefit. If a member cancels the application for a refund of contributions under the Defined Benefit Program, the application for the termination benefit shall also be deemed to have been canceled. (c) The member’s employer or employers shall certify in a format prescribed by the system that the member’s employment has been terminated, unless the member’s termination of employment occurred 12 consecutive months or more prior to the date the application for a termination benefit is received by the system’s headquarters office. (d) The termination benefit shall be a lump-sum payment that is equal to the balance of credits in the member’s Defined Benefit Supplement account. (e) Upon distribution of the termination benefit, no further benefit shall be payable to the member or the member’s beneficiary under the Defined Benefit Supplement Program. (f) A partial distribution of the balance of credits in a member’s Defined Benefit Supplement account shall not be made, except as provided in Section 25009, 25015, 25016, or 25022. (Amended by Stats. 2019, Ch. 96, Sec. 22. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 7. Termination Benefits [25024 - 25025] SECTION 25024.5. Source version: id_17b5e3c5-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=7. A member who is reemployed and again performs creditable service subject to coverage under the plan may not receive a termination benefit under this part if less than five years have elapsed following the date the most recent termination benefit was distributed to the member. This section does not apply to a member who has reached the age at which the Internal Revenue Code of 1986 requires a distribution of benefits. (Added by Stats. 2005, Ch. 661, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 38. Defined Benefit Supplement Program [25000 - 25025] ARTICLE 7. Termination Benefits [25024 - 25025] SECTION 25025. Source version: id_ea6bff44-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=38.&article=7. (a) A termination benefit under the Defined Benefit Supplement Program shall be payable after 180 calendar days have elapsed following the date the member terminated employment as specified in Section 25024. (b) Except as provided in subdivision (c), the application for the termination benefit shall be automatically canceled if the member performs creditable service within 180 calendar days following the date of termination of employment. (c) Subdivision (b) does not apply if the member has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A member who has reached this age shall receive a distribution commencing on the earlier of the date that the member has met the conditions of subdivision (a) or the conditions of subdivision (h) of Section 24600. (Amended by Stats. 2020, Ch. 275, Sec. 15. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25100. Source version: id_8bce1404-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= (a) The board shall establish a vendor registration process through which information about tax-deferred retirement investment products as described in Section 403(b) of the Internal Revenue Code of 1986 shall be made available for consideration by public employees of all local school districts, community college districts, county offices of education, and state employees of a state employer under the uniform state payroll system, excluding the California State University System, eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986. (b) For the purposes of this chapter, “403(b) product or 403(b) products” means tax-deferred retirement investment products as described in Section 403(b) of the Internal Revenue Code of 1986, and its subsequent amendments, and complying with applicable California insurance laws, and federal and California securities laws and rules as applied by appropriate regulatory entities. (c) For the purposes of this chapter: (1) “Employer” means any local school district, community college district, or county office of education, or any state employer under the uniform state payroll system, excluding the California State University System, with employees eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986, with the Controller acting on the state employer’s behalf. (2) “Vendor” means: (A) A public retirement system, broker-dealer, registered investment company, nonbank custodian, or life insurance company qualified to do business in California that provides a 403(b) product. “Vendor” does not include individual registered representatives, brokers, financial planners, or agents. (B) A statewide employee organization with an active membership primarily composed of persons employed in public education, or its wholly controlled affiliate, that has entered into a legally binding agreement with a bank custodian, as described in Section 401(f)(2) of the Internal Revenue Code, for the purpose of offering a custodial account meeting the requirements of Section 403(b)(7) of the Internal Revenue Code. (3) “Nonbank custodian” means a fund custodian, other than a bank, that meets the criteria of a trustee specified in Section 408(a)(2) of the Internal Revenue Code. (4) “Broker-dealer” means only those broker-dealers who offer a proprietary 403(b) product or who charge fees that are otherwise not disclosed. (Amended by Stats. 2014, Ch. 755, Sec. 73. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25101. Source version: id_bb96ab76-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= A prospective vendor of 403(b) products that offers those products, or the products of other 403(b) vendors, to employers and their eligible employees, shall register those products with the board pursuant to this chapter. Registered vendors shall offer only registered 403(b) products as funding vehicles for 403(b) plans. (a) Prospective vendors shall be registered with the board based upon a complete response to the disclosures required by this subdivision. This information shall be included in the impartial investment information bank established pursuant to Section 25104. The prospective vendors shall provide the following information: (1) A statement of experience in California and in other states in providing retirement annuities, custodial account mutual fund arrangements, or other retirement products and related financial services under public employer retirement plans. (2) A characterization by the vendor of its offering as either an annuity or custodial account, as defined under Sections 403(b)(1) and 403(b)(7) of the Internal Revenue Code, respectively. (3) A disclosure of all expenses paid directly or indirectly by retirement plan participants, including, but not limited to, penalties for early withdrawals, declining or fixed withdrawal charges, surrender or deposit charges, management fees, and annual fees, supported by documentation as required for prospectus disclosure by the Financial Industry Regulatory Authority and the Securities and Exchange Commission. Vendors shall be required to provide information regarding the impact of product fees upon a hypothetical investment, as described in Section 25104. (4) The types of products, product features, including presence of two tier annuity features, services offered to participants, and information about how to access product prospectuses or other relevant product information. (5) A discussion of the ability, experience, and commitment of the vendor to provide retirement counseling and education services, including, but not limited to, access to group meetings and individual counseling by various means, including telephone and telecommunications devices for the deaf (TDD), Internet, and face-to-face consultations by registered representatives. (6) A statement of the financial strength and stability of the vendor, as may be applicable, by identifying its ratings assigned by nationally recognized rating services that evaluate the financial strength of life insurance, mutual funds, and other similar companies. (7) The location of offices and counselors, or method of distribution, of the vendor relative to serving employers and their eligible employees in California. (8) A description of the ability of the vendor to comply with all applicable provisions of federal and state law governing retirement plans, including minimum distribution requirements and contribution limits. (9) To the extent applicable, the demonstrated ability of the vendor to offer an appropriate array of accumulation funding options, including, but not limited to, a diversified mix of value, growth, growth and income, hybrid and index funds or accounts across large, mid, and small capitalization asset classes, both domestic and international. These investment products may include mutual funds, group or individual annuity contracts, fixed or variable annuity contracts, individual retirement annuities, interests in trust and collective trusts, separate accounts, and other financial instruments. (10) A discussion of the range of administrative and customer services provided, including asset allocation, accounting and administration of benefits for individual participants, recordkeeping for individual participants, asset purchase, control, and safekeeping, execution of a participant’s instructions as to asset and contribution allocation, calculation of daily net asset values, direct access for participants to their account information, periodic reporting to active participants, not less than quarterly, on their account balances and transactions, and compliance with the standard of care applicable in the provision of investment services and consistent with federal law. (11) Certification by the vendor that the information provided to the board accurately reflects the provisions of the Section 403(b) products they register pursuant to this chapter. (b) Registration may not be conditioned upon the content of the information. (c) Vendors shall supply information and data in the format required by the board. (Amended by Stats. 2013, Ch. 558, Sec. 51. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25102. Source version: id_d1880482-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= Registration shall be offered to vendors once annually, and renewal of registration shall be required at least once every five years thereafter for vendors that wish to continue to participate. The board shall provide public notice prior to the initial registration, annual registration, and registration renewal periods. The board may require, through a password-based update system that allows vendors to access the registration list for the purposes of updating their product information, or through other means, an update of the information required to be provided under Section 25101 with each registration renewal. Registered vendors shall submit to the board within the time required by the Securities and Exchange Commission an amendment to the information required to be provided under Section 25101 to reflect material changes to the products or services offered that occur between registration or renewal periods. Registered vendors may register additional 403(b) products with the board between registration or renewal periods by providing the board the information required under Section 25101 and fees required under subdivision (c) of Section 25108. Upon receipt of information reflecting material changes or additions to the products or services offered by registered vendors that occur between registration or renewal periods, the board shall reflect those changes in the impartial investment information bank established pursuant to Section 25104 within the time required by the Securities and Exchange Commission. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25103. Source version: id_bd25fe08-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= (a) The board may remove a vendor from the registry if the vendor submits materially inaccurate information to the board, does not remit assessed fees within 60 days, or fails to submit notice of material changes to its registered investment products, pursuant to Section 25102. Vendors found to have submitted materially inaccurate information to the board shall be allowed 60 days to correct the information. The board may refer vendors that submit information required under Section 25102 that is materially inaccurate and may constitute conduct prohibited by the Financial Industry Regulatory Authority and the California Department of Insurance to those entities. (b) The board shall remove a vendor from the registry if the vendor is not licensed or has had its license revoked by the Financial Industry Regulatory Authority or the California Department of Insurance for engaging in conduct prohibited by those entities. (c) The board shall establish an appeals process pursuant to Section 22219 for vendors that are denied registration or removed from the registry. (Amended by Stats. 2013, Ch. 558, Sec. 52. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25104. Source version: id_d1898b26-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= (a) The board shall maintain an impartial investment information bank, via an Internet Web site, containing the information required by Section 25101 about the retirement investment products offered by each registered vendor and objective comparisons of vendors and types of products. (b) The information bank shall include information on investment performance based upon the investment’s average annual total return, as measured by a nationally recognized rating service selected by the board for standard periods of time of not less than one year. (c) The Web site shall include a table showing, for each registered fund, the total fee cost in dollars incurred by a shareholder who initially invested ten thousand dollars ($10,000), earned a 5 percent rate of return for one, five, 10, 15, and 20 year time periods. This table shall be accompanied by a disclaimer that the rate of return is for purposes of illustrating the respective impacts of different fee amounts on each investment, and is not to predict future investment returns. (d) The board shall have the authority to organize data, but may not subjectively rank or give preference to a vendor or product. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25105. Source version: id_d1898b28-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= The board shall include notice of the existence of, and the Internet Web site address for, the impartial investment information bank in each newsletter sent to members. The board shall include a notice in the individual account statements of members of the Defined Benefit Program and participants of the Cash Balance Benefit Program that explains the purpose and Web site address of the impartial investment information bank. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25106. Source version: id_bec3f69a-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= The board shall design the information bank Internet Web site and include retirement investment product plan information and education materials taken from and referenced to the Internal Revenue Service, the Securities and Exchange Commission, the National Association of Insurance Commissioners, and other applicable governmental or regulatory agencies. Information shall be presented and used in a manner that is consistent with the rules of those agencies and with rules of the Financial Industry Regulatory Authority. The information shall be offered as a preface to the vendor information required in Section 25101. The preface shall include, but shall not be limited to, the following information: (a) An explanation of Section 403(b) of the Internal Revenue Code of 1986. (b) The retirement investment products that may be purchased under Section 403(b) of the Internal Revenue Code of 1986, and with definitions of those products. (c) Definitions or explanations of all fees referred to in the investment information bank. (Amended by Stats. 2013, Ch. 558, Sec. 53. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25107. Source version: id_f3287f88-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= A vendor may not charge a fee associated with a registered 403(b) product that is not disclosed, pursuant to Section 25101. (Amended by Stats. 2004, Ch. 912, Sec. 26. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25108. Source version: id_d1898b2e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= (a) The actual cost of establishing the vendor registration system and the investment information bank shall be borne equally by registered vendors, based on the total number of registered vendors. Each registered vendor shall pay a one-time establishment fee equal to a pro rata share of the establishment costs charged to vendors that register with the board prior to the close of the initial registration period, as determined by the board. The one-time establishment fee charged to vendors that register with the board after the completion of the initial registration period shall be distributed equally among registered vendors that have paid the establishment fee, and credited toward subsequent maintenance and administrative fees charged to each vendor. (b) The actual cost of maintaining the vendor registration system and the investment information bank, and the costs associated with publicizing the availability of the investment information bank to local school districts, community college districts, and county offices of education and their employees, shall be borne equally by registered vendors, based on the total number of registered vendors. Each registered vendor shall pay a renewal fee equal to a pro rata share of the maintenance costs, as determined by the board. (c) Each registered vendor shall pay an administrative fee for each 403(b) product it offers to school employees, which shall represent the actual costs associated with processing the information related to the investment option and presenting it on the investment information bank, as determined by the board. (d) The board may not divert member services resources or personnel to establish or maintain the registration list. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25109. Source version: id_d1898b30-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= (a) The board and the system, and its officers and employees, are not responsible for, and may not be held liable for the adequacy of the information provided by the participating vendors contained in the information bank. The information bank maintained by the board serves only to provide information supplied by the participating vendors for the consideration of selection of 403(b) products. (b) Participating vendors may not utilize the system’s logo, or claim or infer any endorsement or recommendation by the board or the system with respect to products and services identified by the vendors in the information bank. At the discretion of the board, a violation of this section may lead to removal from the registry. This restriction does not apply to 403(b) products offered by the board to school employees pursuant to Section 24950. (c) The board and the system may not be held liable for the actions of other registered vendors. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25110. Source version: id_d1898b32-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= The board shall complete the initial registration process on or before July 1, 2004. (Added by Stats. 2002, Ch. 1095, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25111. Source version: id_87582b40-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= Each employer, in consultation with the exclusive bargaining agent of its employees, if any, may develop a process to ensure that employees are aware of, and have access to, information provided in the impartial investment bank maintained by the board. (Amended by Stats. 2008, Ch. 230, Sec. 5. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25112. Source version: id_87ee02a2-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= Personnel, including elected school officials, acting on behalf of an employer, may not receive consideration from a vendor in exchange for the promotion of a particular vendor or vendor’s products. (Amended by Stats. 2008, Ch. 230, Sec. 6. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25113. Source version: id_88833dc4-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= An employer may not forward annuity or custodial account consideration to the vendor of any unregistered 403(b) product, except insofar as an employee continues making contributions to an unregistered product or products as described in Section 25114. (Amended by Stats. 2008, Ch. 230, Sec. 7. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25114. Source version: id_44381934-47eb-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= Except as provided in this section, an employee shall select from registered 403(b) products. (a) An employee of a local school district, community college district, or county office of education may continue to make contributions to unregistered products purchased or entered into prior to November 30, 2004. (b) A state employee of a state employer under the uniform state payroll system, excluding the California State University System, eligible to participate in an annuity contract and custodial account as described in Section 403(b) of the Internal Revenue Code of 1986, may continue to make contributions to unregistered products purchased or entered into prior to January 1, 2009. (Amended by Stats. 2012, Ch. 864, Sec. 18. (AB 2663) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 39. School Employer Retirement Investment Product Vendor Registration Process and Information Bank [25100 - 25115] SECTION 25115. Source version: id_89aec578-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=39.&article= For purposes of restricting the use of 403(b) investment products provided to eligible employees of employers by those vendors and investment products registered with the board pursuant to this chapter, the provisions of Section 770.3 of the Insurance Code do not apply. (Amended by Stats. 2008, Ch. 230, Sec. 9. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22250. Source version: id_d0c92113-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= The board and its officers and employees of the system shall discharge their duties with respect to the system and the plan solely in the interest of the members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program as follows: (a) For the exclusive purpose of the following: (1) Providing benefits to members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program. (2) Defraying reasonable expenses of administering the plan. (b) With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an enterprise of a like character and with like aims. (c) By diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. (d) In accordance with the documents and instruments governing the plan and the system insofar as those documents and instruments are consistent with this part and Part 14 (commencing with Section 26000). (Amended by Stats. 1998, Ch. 965, Sec. 27. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22251. Source version: id_d0caa7b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= (a) Except as provided in subdivision (b), the assets of the plan shall never inure to the benefit of an employer and shall be held for the exclusive purposes of providing benefits to members and beneficiaries of the Defined Benefit Program as well as the participants and beneficiaries of the Cash Balance Benefit Program and defraying reasonable expenses of administering the plan and the system. (b) In the case of a contribution that is made by an employer by a mistake of fact, subdivision (a) shall not prohibit the return of that contribution within one year after the system knows, or should know in the ordinary course of business, that the contribution was made by a mistake of fact. (Amended by Stats. 1998, Ch. 965, Sec. 28. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22252. Source version: id_d0caa7b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= Except as otherwise provided by law, the board and its officers and employees of the system shall not cause the system to engage in a transaction if they know or should know that the transaction constitutes a direct or indirect: (a) Sale or exchange, or leasing, of any property from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, for less than adequate consideration, or from a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, to the system for more than adequate consideration. (b) Lending of money or other extension of credit from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, without the receipt of adequate security and a reasonable rate of interest, or from a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, with the provision of excessive security or an unreasonably high rate of interest. (c) Furnishing of goods, services, or facilities from the system to a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, for less than adequate consideration, or from a member, or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, to the system for more than adequate consideration. (d) Transfer to, or use by or for the benefit of, a member or beneficiary of the Defined Benefit Program, as well as a participant or beneficiary of the Cash Balance Benefit Program, of any assets of the plan for less than adequate consideration. (e) Acquisition, on behalf of the system, of any employer security, real property, or loan. (Amended by Stats. 1998, Ch. 965, Sec. 29. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22253. Source version: id_d0caa7b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= The board and its officers and employees of the system shall not do any of the following: (a) Deal with the assets of the plan and the system in their own interest or for their own account. (b) In their individual or in any other capacity, act in any transaction involving the system on behalf of a party, or represent a party, whose interests are adverse to the interests of the plan or the interests of the members and beneficiaries of the Defined Benefit Program, as well as participants and beneficiaries of the Cash Balance Benefit Program. (c) Receive any consideration for their personal account from any party conducting business with the system in connection with a transaction involving the assets of the plan. (Amended by Stats. 1998, Ch. 965, Sec. 30. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22254. Source version: id_d0cc2e5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= (a) Any board member or officer who breaches any of the responsibilities, obligations, or duties imposed upon them by Section 22251, 22252, or 22253 shall be personally liable to make restitution to the retirement fund for any losses to it resulting from each breach, and to restore any profits that have been made through use of assets of the fund and shall be subject to any other equitable or remedial relief the court may deem appropriate, including removal from the board. (b) No board member or officer shall be liable with respect to a breach of fiduciary duty under this part if the breach was committed before the board member or officer became one, or ceased to be one. (Amended by Stats. 1996, Ch. 634, Sec. 60. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22255. Source version: id_d0cc2e5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= (a) No board member or officer shall be personally liable for the breach of a fiduciary duty except as set forth in Section 22254 or 22256. This subdivision shall apply only to causes of actions arising on or after January 1, 1990. (b) Nothing in this section shall be interpreted to lessen the scope of liability of board members or employees of the system for gross negligence or fraud in the investment of the retirement fund assets, nor to lessen the scope of liability of the board or system for breach of fiduciary duty pertaining to the administration of the plan. (Amended by Stats. 1996, Ch. 634, Sec. 61. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22256. Source version: id_d0cc2e5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= A board member or officer shall be liable for a breach of fiduciary responsibility of another board member or officer with respect to the system in the following circumstances: (a) If the board member or officer knowingly participates in, or knowingly undertakes to conceal an act or omission of the other board member or officer knowing that the act or omission is a breach. (b) If the board member’s or officer’s failure to comply with his or her responsibilities as set forth in Section 22251, 22252, or 22253 has enabled another board member or officer to commit a breach. (c) If the board member or officer has knowledge of a breach unless the board member or officer makes reasonable efforts under the circumstances to remedy the breach. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22257. Source version: id_d0cc2e61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= (a) Notwithstanding Section 22203, the board may contract with or appoint one or more investment managers to manage the assets of the retirement fund. If the board has acted with care, skill, prudence, and diligence in meeting the requirements of Sections 22252 and 22253 in selecting and monitoring the investment managers, then, notwithstanding Sections 22250, 22252, 22253, 22254, and 22256, no board member shall be liable for the acts or omissions of the investment managers or be under any obligation to invest or otherwise manage any assets of the retirement fund that are subject to the management of the investment managers. (b) Incorporation of the fiduciary duty set forth in Section 22250 into the terms of a contract between the system and an investment manager shall be admissible as evidence that the board has acted with care, skill, prudence, and diligence in the selection of the investment manager. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22258. Source version: id_d0cc2e63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated, without regard to fiscal years, from the retirement fund to the board, the amount necessary to pay for any insurance obtained pursuant to Section 7511 of the Government Code. These payments shall be made upon warrants drawn by the Controller upon demands made by the board. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22259. Source version: id_d0cc2e65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= (a) All board members and officers and employees of the system shall execute a fidelity bond, in an amount determined by the board to be prudent, conditioned upon the faithful performance of the duties of the board member or employee. (b) All board members and officers and all staff of the investment division who are authorized to invest funds shall be covered with fiduciary liability insurance in an amount determined by the board to be prudent. (Amended by Stats. 1996, Ch. 634, Sec. 62. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22260. Source version: id_d0cc2e67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= Notwithstanding any other provision of law, the system may provide credit enhancement for bonds, notes, certificates of participation, or other evidences of indebtedness of an employer, provided that any credit enhancement transaction satisfies the requirement of Section 22250 and does not constitute a prohibited transaction for purposes of Section 503 of the United States Internal Revenue Code. (Added by Stats. 1998, Ch. 1076, Sec. 4. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 4. Fiduciary Duties [22250 - 22261] SECTION 22261. Source version: id_d0cdb509-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=4.&article= Notwithstanding any other provision of law, the board may make investments related to the planning, development, or acquisition of surplus real property owned by an employer, if the investment satisfies the requirements of Section 22250 and does not constitute a prohibited transaction for purposes of Section 503 of the Internal Revenue Code. (Added by Stats. 2002, Ch. 903, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22300. Source version: id_d0cdb50d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The chief executive officer is the chief administrative officer of the system. The chief executive officer may administer oaths. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22301. Source version: id_d0cdb50f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The chief executive officer has the authority and responsibility for the administration of the system and the plan pursuant to the policies and rules adopted by the board. The chief executive officer may delegate to his or her subordinates any act or duty unless the board by motion or resolution recorded in its minutes has required the chief executive officer to act personally. (Amended by Stats. 1996, Ch. 634, Sec. 63. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22302. Source version: id_b4f2d575-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The board shall establish an ombudsperson position to serve as an advocate for the members of the Defined Benefit Program and participants of the Cash Balance Benefit Program. The duties of the ombudsperson position shall include reviewing and making recommendations to the chief executive officer regarding complaints by school employees, members, employee organizations, the Legislature, or the public regarding actions of the employees of the system. (b) It is the intent of the Legislature that the salary of the position of ombudsperson be offset, as much as possible, through savings realized from a reduction in interest payments on delinquent benefits to members, and through a more efficient and improved public relations program. (Amended by Stats. 2021, Ch. 186, Sec. 2. (SB 634) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22302.5. Source version: id_d0cdb513-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The board may contract with a qualified third-party administrator for custodial, record keeping, or other administrative services necessary to carry into effect the provisions of Chapter 38 (commencing with Section 25000) of this part or Part 14. (Added by renumbering Section 22302 (as added by Stats. 2000, Ch. 74) by Stats. 2000, Ch. 1021, Sec. 13.5. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22303. Source version: id_51f49682-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) Due to an increase in the demand for retirement counseling services, the system, notwithstanding any other provision of law, may contract with a county superintendent or other employer to provide retirement counseling. Retired public employees may be employed on a part-time basis for that purpose, unless and until the study required by subdivision (b) of Section 7 of Chapter 1532 of the Statutes of 1985 recommends against the employment of retired public employees for these purposes. This authorization is subject to the availability of funds appropriated for that purpose in the annual Budget Act. (b) The board may, by resolution, designate one or more official representatives who provide retirement counseling pursuant to subdivision (a), or as an employee of the system, to receive documents submitted pursuant to this part, Part 13.5 (commencing with Section 25900), or Part 14 (commencing with Section 26000). Notwithstanding any other provision of law, any document received by a designated system representative during regular counseling office business hours or in the course of performing counseling services pursuant to this subdivision shall be deemed to have been received by the system’s headquarters office on the date received by the officially designated system representative. (Amended by Stats. 2013, Ch. 558, Sec. 6. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22303.5. Source version: id_8f44d13e-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= Notwithstanding any other provision of law, the board shall offer a midcareer retirement information program for the benefit of all members to enhance awareness of the features and benefits of the Defined Benefit Program, services of the system, federal Social Security Act programs and benefits as they apply to members, and personal planning responsibilities. This information shall be provided to assist members in understanding the importance of financial, legal, estate, and personal planning, and how choices and options offered by the system may affect retirement. (Amended by Stats. 2017, Ch. 298, Sec. 1. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22304. Source version: id_d0cf3bb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The costs of administration of the plan shall be paid from the retirement fund and those costs may not exceed the amount made available by law during any fiscal period. (b) The administrative costs of the plan shall be divided proportionately in accordance with the assets of the Defined Benefit Program, the Defined Benefit Supplement Program, and the Cash Balance Benefit Program. (Amended by Stats. 2000, Ch. 74, Sec. 24. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22305. Source version: id_d0cf3bbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= Any rules and regulations adopted by the board for the purpose of the administration of this part and Part 14 (commencing with Section 26000), and not inconsistent with this part and Part 14 (commencing with Section 26000), have the force and effect of law. (Amended by Stats. 1998, Ch. 965, Sec. 33. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22306. Source version: id_9f2b1970-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) Information filed with the system by a member, participant, or beneficiary of the plan is confidential and shall be used by the system for the sole purpose of carrying into effect the provisions of this part, Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000). No official or employee of the system who has access to the individual records of a member, participant, or beneficiary shall divulge any confidential information concerning those records to any person except in the following instances: (1) To the member, participant, or beneficiary to whom the information relates. (2) To the authorized representative of the member, participant, or beneficiary. (3) To the governing board of the member’s or participant’s current or former employer. (4) To any department, agency, or political subdivision of this state. (5) To other individuals or entities as necessary to validate personal information of members, participants, and beneficiaries. (6) Pursuant to subpoena. (7) To an agent or a physician authorized by the board in the performance of duties pursuant to Section 24003, 24012, 24103, or 24111. (8) To a physician or psychologist authorized by the member to receive medical information, if the system determines that the information may be detrimental to the member, as provided under Section 1798.40 of the Civil Code. (b) Information filed with the system in a beneficiary designation form may be released after the death of the member or participant to those persons who may provide information necessary for the distribution of benefits. (c) The information is not open to inspection by anyone except the board and its officers and employees of the system, and any person authorized by the Legislature to make inspections. (Amended by Stats. 2017, Ch. 298, Sec. 2. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22307. Source version: id_d0cf3bbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The board may authorize the transfer and disbursement of funds from the retirement fund for the purpose of carrying into effect this part and Part 14 (commencing with Section 26000). That action shall require signatures of either the board chairperson and vice chairperson, or the signatures of the board chairperson or vice chairperson and the chief executive officer or any employee of the system designated by the chief executive officer. (b) Notwithstanding Section 13340 of the Government Code, the board may disburse funds for benefits payable under this part and Part 14 (commencing with Section 26000), for the payment of refunds and for investment transactions. Funds for these purposes shall not require appropriation by the annual Budget Act. (c) Funds for the payment of administrative expenses are not continuously appropriated, and funds for that purpose shall be appropriated by the annual Budget Act. (Amended by Stats. 2000, Ch. 1025, Sec. 15. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22307.5. Source version: id_3c1e87ee-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) There is in the State Treasury a trust fund to be known as the Teachers’ Retirement Program Development Fund. There shall be deposited directly in that fund, and not transferred from the Teachers’ Retirement Fund, that portion of employer contributions determined by the board as necessary to fund the expenditures authorized by this section. (b) Notwithstanding Section 13340 of the Government Code, moneys in the Teachers’ Retirement Program Development Fund are continuously appropriated without regard to fiscal years to pay any costs determined by the board to be related to the development of programs authorized by statute that the board determines directly or indirectly enhance the financial security of members, participants, or beneficiaries of the State Teachers’ Retirement Plan, if the board determines, by resolution, the proposed program is to have a reasonable expectation to generate sufficient revenue to carry out the ongoing responsibilities of the programs under development and permit the subsequent deposit of funds, pursuant to subdivision (e), into the Teachers’ Retirement Fund. (c) The board may authorize the transfer and disbursement of funds from the Teachers’ Retirement Program Development Fund for the purpose of carrying into effect this section upon the signature of either or both of its chairperson and vice chairperson or the chief executive officer or any employee of the system designated by the chief executive officer. (d) Disbursements of moneys from the Teachers’ Retirement Program Development Fund of whatever nature shall be made upon claims duly audited in the manner prescribed for the disbursement of other public funds. (e) An amount equal to employer contributions deposited in the Teachers’ Retirement Program Development Fund pursuant to subdivision (a), together with interest calculated based on the actuarially assumed rate of investment return for the Defined Benefit Program for the period beginning with the deposit of employer contributions into the Teachers’ Retirement Program Development Fund and ending with the transfer to the Teachers’ Retirement Fund, on terms and conditions established by the board pursuant to subdivision (b), shall be deposited in the Teachers’ Retirement Fund, from funds generated from the programs receiving development funds pursuant to this section. (Added by Stats. 2006, Ch. 780, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22307.6. Source version: id_15666b72-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The board may, by resolution, direct the Controller to transfer all or a portion of the assets in the Teachers’ Retirement Program Development Fund, established pursuant to Section 22307.5, into the designated fund or account that is authorized to expend funds for the same program for which the assets in the Teachers’ Retirement Program Development Fund were credited, if the board finds that the transfer of the assets of the Teachers’ Retirement Program Development Fund into the designated fund or account would facilitate the efficient administration of the program for which the fund or account was established. (Added by Stats. 2010, Ch. 207, Sec. 5. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22308. Source version: id_d0d0c261-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) Subject to subdivision (d), the board may, in its discretion and upon any terms it deems just, correct the errors or omissions of any member or beneficiary of the Defined Benefit Program, and of any participant or beneficiary of the Cash Balance Benefit Program, if all of the following facts exist: (1) The error or omission was the result of mistake, inadvertence, surprise, or excusable neglect, as each of those terms is used in Section 473 of the Code of Civil Procedure. (2) The correction will not provide the party seeking correction with a status, right, or obligation not otherwise available under this part. (b) Failure by a member, participant or beneficiary to make the inquiry that would be made by a reasonable person in like or similar circumstances does not constitute an “error or omission” correctable under this section. (c) Subject to subdivision (d), the board may correct all actions taken as a result of errors or omissions of the employer or this system. (d) The duty and power of the board to correct errors and omissions, as provided in this section, shall terminate upon the expiration of obligations of the board, system, and plan to the party seeking correction of the error or omission, as those obligations are defined by Section 22008. (e) Corrections of errors or omissions pursuant to this section shall be such that the status, rights, and obligations of all parties described in subdivisions (a), (b), and (c) are adjusted to be the same that they would have been if the act that was taken or would have been taken, but for the error or omission, was taken at the proper time. However, notwithstanding any of the other provisions of this section, corrections made pursuant to this section shall adjust the status, rights, and obligations of all parties described in subdivisions (a), (b), and (c) as of the time that the correction actually takes place if the board finds any of the following: (1) That the correction cannot be performed in a retroactive manner. (2) That even if the correction can be performed in a retroactive manner, the status, rights, and obligations of all of the parties described in subdivisions (a), (b), and (c) cannot be adjusted to be the same as they would have been if the error or omission had not occurred. (Amended by Stats. 1998, Ch. 965, Sec. 35. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22309. Source version: id_538325c4-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) Except as provided in subdivision (c), the system shall make available to each active and inactive member, at least annually after the close of the school year, a statement of the member’s individual Defined Benefit Program and Defined Benefit Supplement accounts. The system shall mail a copy of the member’s statement, provided the employer or member has informed the system of the member’s current mailing address and the member has not requested to receive that annual statement electronically, in lieu of mailing. (b) The system shall periodically make a good faith effort to locate inactive members to provide these members with information concerning any benefit for which they may be eligible. (c) The mode of issuance described in subdivision (a) is subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 1. (AB 989) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22310. Source version: id_d0d0c265-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) If a benefit or refund cannot be paid because, after a good faith effort, the member or beneficiary cannot be located, the amount payable shall be returned to the retirement fund until the time the party entitled to payment is located. (b) Interest shall continue to accrue on the accumulated contributions pursuant to this part. (Amended by Stats. 1996, Ch. 634, Sec. 73. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22311. Source version: id_d0d0c267-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The board shall maintain all data necessary to perform an actuarial investigation of the demographic and economic experience of the plan and for the actuarial valuation of the assets and liabilities of the plan. (Repealed and added by Stats. 2000, Ch. 74, Sec. 27. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22311.5. Source version: id_cac61121-615a-11da-b74d-ec2787cd8180 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The board shall acquire the services of an actuary to do all of the following: (a) Make recommendations to the board for the adoption of actuarial assumptions that, in the aggregate, are reasonably related to the past experience of the plan and reflect the actuary’s informed estimate of the future experience. (b) Make an actuarial investigation of the demographic and economic experience, including the mortality, service, and other experience, of the plan with respect to members and beneficiaries of the Defined Benefit Programs; members, beneficiaries, and annuity beneficiaries of the Defined Benefit Supplement Program; and participants and beneficiaries of the Cash Balance Benefit Program. (c) Make an annual actuarial review of the goals regarding the sufficiency of the Gain and Loss Reserves with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program and recommend to the board the goal for maintaining sufficient Gain and Loss Reserves for the Defined Benefit Supplement Program and the Cash Balance Benefit Program. (d) Recommend to the board the amount, if any, to be transferred to the separate Gain and Loss Reserves from the investment earnings of the plan with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program. (e) At least once every six years with respect to the Defined Benefit Program and annually with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program, using actuarial assumptions adopted by the board, perform an actuarial valuation of the plan that identifies the assets and liabilities of the plan, and report the findings to the board. The report of the actuary on the results of the actuarial valuation shall identify and include the components of normal cost and adequate information to determine the effects of changes in actuarial assumptions. Copies of the report on the actuarial valuation shall be transmitted to the Governor and to the Legislature. (f) Recommend to the board all rates and factors necessary to administer the plan, including, but not limited to, mortality tables, annuity factors, interest rates, and additional earnings credits. (g) Recommend to the board a strategy for amortizing any unfunded actuarial obligation. (h) As requested by the board, perform any other actuarial services that may be required for administration of the plan. (Added by Stats. 2000, Ch. 74, Sec. 28. Effective January 1, 2001. See similar section added by Stats. 2000, Ch. 1021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22311.5. Source version: id_d0d2490b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The board shall acquire the services of an actuary to do all of the following: (a) Make recommendations to the board for the adoption of actuarial assumptions that, in the aggregate, are reasonably related to the past experience of the plan and reflect the actuary’s informed estimate of the future experience. (b) Make an actuarial investigation of the demographic and economic experience, including the mortality, service, and other experience, of the plan with respect to members and beneficiaries of the Defined Benefit Program; members, beneficiaries, and annuity beneficiaries of the Defined Benefit Supplement Program; and participants and beneficiaries of the Cash Balance Benefit Program. (c) Make an annual actuarial review of the goals regarding the sufficiency of the Gain and Loss Reserves with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program and make recommendations to the board for maintaining a sufficient Gain and Loss Reserves for the Defined Benefit Supplement Program and the Cash Balance Benefit Program. (d) Recommend to the board the amount, if any, to be transferred to the separate Gain and Loss Reserves from the investment earnings of the plan with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program. (e) At least once every six years with respect to the Defined Benefit Program and annually with respect to the Defined Benefit Supplement Program and the Cash Balance Benefit Program, using actuarial assumptions adopted by the board, perform an actuarial valuation of each program that identifies the assets and liabilities, and report the findings to the board. The report of the actuary on the results of each actuarial valuation shall identify and include the components of normal cost, if applicable, and adequate information to determine the effects of changes in actuarial assumptions. Copies of the report on each actuarial valuation shall be transmitted to the Governor and the Legislature. (f) Recommend to the board all rates and factors necessary to administer the plan, including, but not limited to, mortality tables, annuity factors, interest rates, and additional earnings credits. (g) Recommend to the board a strategy for amortizing any unfunded actuarial obligation. (h) As requested by the board, perform any other actuarial services that may be required for administration of the plan. (Added by Stats. 2000, Ch. 1021, Sec. 14. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22311.7. Source version: id_d0d2490d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= Upon the basis of the actuarial investigation and actuarial valuation pursuant to Section 22311.5, or any part thereof, the board shall adopt by plan amendment actuarial assumptions, rates, factors, and tables as the board determines are necessary for administration of the plan and its programs. (Added by Stats. 2000, Ch. 74, Sec. 29. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22311.9. Source version: id_a294d132-fe74-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The board shall report to the Legislature on or before July 1, 2019, and every five years thereafter, on the fiscal health of the Defined Benefit Program and the unfunded actuarial obligation with respect to service credited to members of that program before July 1, 2014. The first report shall include the unfunded actuarial obligation and funded ratio as of the date of enactment of this section and compare that with the unfunded actuarial obligation and funded ratio as of June 30, 2018, and the projected unfunded actuarial obligation and funded ratio as of June 30, 2046, based on contributions, and economic and demographic assumptions identified in the June 30, 2018, actuarial valuation. The report shall also identify adjustments required in contribution rates in order to eliminate by June 30, 2046, the unfunded actuarial obligation of the Defined Benefit Program with respect to service credited to members of that program before July 1, 2014. Subsequent reports shall include the unfunded actuarial obligation and the funded ratio of the Defined Benefit Program based on the actuarial valuation of the preceding year, and shall identify adjustments required in contribution rates in order to eliminate by June 30, 2046, the unfunded actuarial obligation of the Defined Benefit Program with respect to service credited to members of that program before July 1, 2014. These reports shall be provided consistent with the requirements of Section 9795 of the Government Code. (b) This section shall become inoperative on July 1, 2046, and as of January 1, 2047, is repealed. (Added by Stats. 2014, Ch. 47, Sec. 4. (AB 1469) Effective June 24, 2014. Section inoperative July 1, 2046. Repealed as of January 1, 2047, by its own provisions. Adding action may become inoperative under conditions prescribed by Stats. 2014, Ch. 47, Sec. 13, subd. (b).) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22313. Source version: id_d0d2490f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) No adjustment shall be included in new rates of contribution adopted by the board on the basis of an investigation, valuation, and determination or because of amendment to the Teachers’ Retirement Law with respect to the Defined Benefit Program, for time prior to the effective date of the adoption or amendment, as the case may be. (b) No action of the board, other than correction of errors in calculating the allowance or annuity at the time of retirement, disability or death of a member shall change the allowance or annuity payable to a retired member or beneficiary prior to the date the action is taken. (Amended by Stats. 1998, Ch. 965, Sec. 36. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22314. Source version: id_d0d24911-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The system shall inform a member, upon retirement, that future tax liabilities may occur as the result of the pending retirement allowance. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22317.5. Source version: id_40898b68-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The amount of compensation that is taken into account in computing benefits payable under this part to any person who first becomes a member of the Defined Benefit Program on or after July 1, 1996, shall not exceed the annual compensation limitations prescribed by Section 401(a)(17) of Title 26 of the United States Code upon public retirement systems, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue for increases in cost of living. The determination of compensation for each 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average annual compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period, shall be subject to the annual compensation limit applicable to that period. (b) Notwithstanding any other provision of this part, no member contribution shall be paid upon any compensation in excess of the annual compensation limitations prescribed by Section 401(a)(17) of Title 26 of the United States Code. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become inoperative on the date determined by the board pursuant to paragraph (1), and this section shall be repealed on July 1, 2027. (Amended by Stats. 2024, Ch. 690, Sec. 16. (AB 1997) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions. Repealed as of July 1, 2027, by its own provisions. See later operative version added by Sec. 17 of Stats. 2024, Ch. 690.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22317.5. Source version: id_7ae43bd8-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The amount of compensation that is taken into account in computing benefits payable under this part shall not exceed the following limitations: (1) For any person who first becomes a member of the Defined Benefit Program on or after July 1, 1996, the annual compensation limitations prescribed by Section 401(a)(17) of Title 26 of the United States Code upon public retirement systems, as that section may be amended from time to time and as that limit may be adjusted by the Commissioner of Internal Revenue for increases in cost of living. The determination of compensation for each 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average annual compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period, shall be subject to the annual compensation limit applicable to that period. (2) For a member subject to the California Public Employees’ Pension Reform Act of 2013: (A) (i) One hundred twenty percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a member whose service is not included in the federal system. (ii) One hundred percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a member whose service is included in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013. (B) The system shall adjust the limit based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February in the fiscal year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February of the previous year rounded to the nearest thousandth. Notwithstanding paragraph (1) of subdivision (d) of Section 7522.10 of the Government Code, the adjustment shall be effective annually on July 1, beginning July 1, 2014. (C) The Legislature reserves the right to modify the requirements of this subdivision with regard to all members subject to this subdivision, except that the Legislature shall not modify these provisions in a manner that would result in a decrease in benefits accrued before the operative date of the modification. (b) Notwithstanding any other provision of this part, no member contribution shall be paid upon any compensation in excess of the annual compensation limitations prescribed by this section. (c) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Repealed (in Sec. 16) and added by Stats. 2024, Ch. 690, Sec. 17. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22318. Source version: id_d0d24915-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The initial payment to a disabled member or member retired for disability shall be paid within 45 days following the date the disability is approved, the effective date of the disability retirement or disability allowance, or receipt of all necessary information, whichever occurs last. Monthly payments shall continue thereafter. Initial payments may be based on a good faith estimated amount pending receipt by the system of all necessary employment, dependent, and other public benefit information. (b) The allowance payable to a disabled member or member retired for disability shall be finalized and a retroactive payment, if one is due, shall be issued within 45 days of receipt by the system of all necessary information. (Amended by Stats. 1996, Ch. 634, Sec. 79. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22319. Source version: id_d0d24917-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The initial payment to a member retired for service shall be issued within 45 days of either the effective date of retirement or receipt by the system of a completed application for retirement, whichever is later. The initial payment to an option beneficiary shall be issued within 45 days following receipt by the system of a completed application for death benefits and proof of death of the member. Monthly payments shall continue thereafter. Payments may be based on a good faith estimate pending receipt by the system of all necessary employment information. (b) The allowance payable to a member retired for service or option beneficiary shall be finalized and a retroactive payment, if one is due, shall be issued within 45 days of receipt by the system of all necessary information. (Amended by Stats. 1996, Ch. 634, Sec. 80. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22320. Source version: id_d0d3cfb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The death benefits provided pursuant to Chapter 22 (commencing with Section 23800), Chapter 23 (commencing with Section 23850), and Chapter 24 (commencing with Section 23880) shall be paid to the beneficiary or estate within 45 days of receipt by the system of all necessary information. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22321. Source version: id_d0d3cfbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The system shall pay interest for delays in excess of the allowable days specified in Sections 22318 to 22320, inclusive. The interest rate for late payments shall be the regular interest rate. Interest payments shall be deemed to be interest earned in the calendar year in which paid. All interest payments under this section shall be paid in addition to any credited interest that is paid. (Amended by Stats. 1996, Ch. 634, first Sec. 81. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22322. Source version: id_bc5d071d-6775-11dc-8af0-bbc91aab7dbd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The system shall report monthly to the board on all late payments. (Amended by Stats. 1996, Ch. 634, second Sec. 81 [Sec. 81.5]. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22323. Source version: id_d0d5565f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The system shall report monthly to the board concerning outstanding death benefits payable that have not been paid within six months of the notification of the death of the member. (Amended by Stats. 1996, Ch. 634, Sec. 82. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22324. Source version: id_ba80d27e-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= The board shall file an annual report with the Governor and the Legislature by March 1 of each year on all phases of its work that could affect the need for public contributions for costs of administration of the system, including the subjects of benefits, programs, practices, procedures, comments on trends and developments in the field of retirement, and the following information on the assets of the plan: (a) A copy of the annual audit performed pursuant to Section 22217. (b) A certification letter from the system’s consulting actuary concerning the findings of the most recent actuarial valuation, accompanied by analysis of funding progress and summaries of the actuarial cost method, assumptions, and demographic data, including actual payroll subject to the system. (c) A review of the system’s asset mix strategy, a market review or the economic and financial environment in which investments were made, and a summary of the system’s general investment strategy. (d) A description of the investments of the system at cost and market value, and a summary of major changes that occurred since the previous year. (e) The annual return on investments and the following information regarding the rate of return of the system by asset type: (1) Time-weighted market value rate of return on a five-year, three-year, and one-year basis. (2) Time-weighted book value rate of return on a five-year, three-year, and one-year basis. (3) Portfolio return comparisons that compare investment returns with universes and indexes. (f) A report on the use of outside investment advisers and managers. (g) A report on the nature and cost of investment contract services used, including either the start date of an existing contract or, if there are multiple existing contracts with the same contractor or vendor, the earliest start date. (h) A report on shareholder voting. (i) A report for the prior fiscal year on the following information: (1) The percentage of purchasing power protection and any changes adopted by the board. (2) The extent to which inflation has eroded the purchasing power of benefits provided under the Defined Benefit Program. (3) The amount of supplementary increases in retirement allowances required to preserve the purchasing power of benefits provided by the Defined Benefit Program. (Amended by Stats. 2012, Ch. 864, Sec. 4. (AB 2663) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22324.5. Source version: id_7e654c4a-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The amendments to this part by the act adding this section during the second year of the 2023–24 Regular Session are consistent with subdivision (e) of Section 22115. The board shall adopt regulations to the extent required in order to continue to administer the statutes accordingly. (b) (1) The board shall determine a date based on when the system has the capacity to implement the changes made by the act that added this subdivision. The date determined by the board shall be posted on the internet website of the system no later than July 1, 2027. (2) This section shall become operative on the date determined by the board pursuant to paragraph (1). (Added by Stats. 2024, Ch. 690, Sec. 18. (AB 1997) Effective January 1, 2025. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22325. Source version: id_1d9e8ef3-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The system, at least annually, shall identify and provide resources on its website that interpret and clarify the applicability of creditable compensation and creditable service laws in this part and regulations promulgated pursuant to this part. Resources identified by the system shall be relied upon and used for purposes of subdivision (c) until and unless such a resource is revoked or superseded by the system. (b) New or different interpretations of law, including those that would modify the application of prior interpretations, that differ from the resources identified by the system pursuant to subdivision (a) shall not take effect until after notice is issued to employers and exclusive representatives and shall not be applied retroactively to compensation reported prior to that notice, unless a retroactive interpretation is the result of a state or federal law, an executive order of the Governor, or a final court order. (c) For purposes of audits or any other actions by the system, employers are responsible for complying with the laws and regulations in effect at the time the compensation is reported, except when such laws or regulations are superseded by state or federal law, an executive order of the Governor, or final court order. If the system later determines that compensation reported in accordance with the system’s resources identified pursuant to this section has been reported in error, as a result of an error in those resources, the resulting overpayment to the individual member, former member, or beneficiary shall be deemed an error by the system and shall be recovered pursuant to paragraph (4) of subdivision (a) of Section 24616.2. (Amended by Stats. 2023, Ch. 215, Sec. 1. (SB 432) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22326. Source version: id_200ef2b5-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) For the purposes of this section: (1) “Advisory letter” means a written determination issued to an employer or an exclusive representative in response to the employer’s or exclusive representative’s submission relating to specific compensation language that is included, or is proposed to be included, in a publicly available written contractual agreement in order for the system to provide formal written guidance for the proper reporting of such compensation consistent with the laws governing creditable compensation and the administrative regulations of the system. (2) “Material facts” means facts that would have changed the determination made in an advisory letter. (b) An employer or an exclusive representative may submit to the system a request for an advisory letter. (c) (1) A submission to the system under subdivision (b) shall be in writing on a form provided by the system and shall include the specific compensation language, a description of the facts related to the compensation language, and the basis of the requesting party’s inquiry, including, but not limited to, specific questions about the reporting of the compensation, and any other supporting documents or requirements the system deems necessary to complete its review. (2) A submission to the system may be denied if it involves an issue that is in litigation with the system and the employer or a member to whom the advisory letter would expressly relate. (3) A submission to the system may be withdrawn by the employer or exclusive representative at any time before an advisory letter is provided. (d) (1) The system shall provide an advisory letter regarding the submission to the employer or exclusive representative within 30 days of the receipt of all information requested by the system, unless an extended period of time is necessary for good cause. (2) An advisory letter may be superseded by state or federal law, an executive order of the Governor, final court order, or a resource identified pursuant to Section 22325. (e) If the system later determines that specific compensation reported in accordance with the system’s advisory letter provided pursuant to this section has been reported in error by the employer identified in the advisory letter as a result of an error in the advisory letter, the resulting overpayment to the individual member, former member, or beneficiary shall be deemed an error by the system and shall be recovered pursuant to paragraph (4) of subdivision (a) of Section 24616.2. (f) Only the employer identified in the advisory letter or a member to whom an advisory letter expressly relates may use and rely upon the advisory letter, or offer the advisory letter as evidence of an error by the system. The use and reliance upon, or the offering in evidence of, an advisory letter shall be contingent on a system determination that all material facts related to the specific compensation were disclosed in the submission and the employer reported that specific compensation in reliance on the advisory letter. (g) This section shall become operative on July 1, 2023. (Amended by Stats. 2023, Ch. 215, Sec. 2. (SB 432) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22327. Source version: id_550754c6-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= Notwithstanding any other provision of law, the Employment Development Department shall disclose to the system information in its possession relating to the earnings of any person who is a member of the Defined Benefit Program, if the member is receiving a disability benefit or performing retired member activities. The earnings information shall be released to the system only upon written request from the system specifying that the person is a member of the Defined Benefit Program and is receiving a disability benefit or performing retired member activities. The system shall use the information obtained pursuant to this section only for purposes of Chapter 25 (commencing with Section 24001), Chapter 26 (commencing with the Section 24100), Section 24214, or Section 24214.5. The request may be made by the chief executive officer of the system or by an employee of the system so authorized and identified by name and title by the chief executive officer in writing. The system shall notify members receiving a disability benefit or performing retired member activities that earnings information shall be obtained from the Employment Development Department upon request by the system. The system shall not release any earnings information received from the Employment Development Department to any person, agency, or other entity. The system shall reimburse the Employment Development Department for all reasonable administrative expenses incurred pursuant to this section. (Amended by Stats. 2013, Ch. 559, Sec. 12. (AB 1381) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22328. Source version: id_d0d55665-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) Upon termination of a retirement allowance or disability allowance that began to accrue on or after July 1, 1972, the person’s individual account shall be credited with the amount of his or her accumulated retirement contributions as they were on the effective date of retirement or disability, less the sum of all payments made under paragraph (1) of subdivision (a) of Section 24202, and under Sections 24006 and 24007. The reduction shall not be greater than the total of the accumulated retirement contributions. (b) Upon the termination of a retirement allowance, the person’s accumulated annuity deposit contribution accounts shall be credited with the amounts of the contributions as they were on the date the annuity became payable because of the retirement less the sum of all payments made under paragraph (2) of subdivision (a) of Section 24202. (Amended by Stats. 1996, Ch. 634, Sec. 85. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22329. Source version: id_d0d55667-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= In order to provide equitable telephone assistance to all members and beneficiaries, regardless of their location in California, the system shall install a toll-free, “800” prefix, line. (Amended by Stats. 1996, Ch. 634, Sec. 86. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22330. Source version: id_d0d55669-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The board shall provide the Legislature with an analysis of the asset and liability implications of each bill that would affect the investment strategy of the system, the funding of the plan, or the benefit structure of the plan. The analysis shall include an explanation of the methodology employed and the assumptions used in its preparation. Neither fiscal committee of the Legislature shall hear any such bill until the analysis has been provided to the committee. (b) There is hereby continuously appropriated, without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from subdivision (a), but not to exceed fifty thousand dollars ($50,000) in any one fiscal year. (Amended by Stats. 1996, Ch. 634, Sec. 87. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22337. Source version: id_69b8fc8c-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) The requirements and procedures described in this section shall apply, to the extent that they are applicable, to the following sections: (1) Section 22309. (2) Section 22661. (3) Section 22662. (4) Section 22663. (5) Section 22801. (6) Section 23104. (7) Section 23203. (8) Section 24615. (9) Section 26214. (b) A communication or other action described in a section listed in subdivision (a) may be made by electronic delivery pursuant to the requirements of this section. The system may designate electronic delivery the default method of communication or other action with regard to these sections, provided that the system notifies the parties affected that they have the right to request delivery by mail and that, unless the affected party elects, in a manner specified by the system, to continue delivery by mail, delivery shall be provided electronically. (c) Prior to the designation described in subdivision (b), mail shall continue to be the default method of communication unless the member, nonmember spouse, participant, nonparticipant spouse, or beneficiary has requested that he or she receive that communication electronically, pursuant to a procedure specified by the system. (d) If a provision in a section listed in subdivision (a) requires that action be taken within a specified number of days of a mailing date, and electronic delivery has been substituted for delivery by mail, date of electronic delivery shall substitute for date of mailing for purposes of measuring the number of days within which an action is to be taken. (Added by Stats. 2013, Ch. 459, Sec. 2. (AB 989) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 5. Administration [22300 - 22338] SECTION 22338. Source version: id_acfeec4b-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=5.&article= (a) (1) This section applies to current employees of the system as a condition of their employment as well as applicants who apply to become employees of the system while a tentative offer is still pending. (2) The criminal history check authorized by this section is limited to those employees and applicants whose duties include, or would include, any of the following: (A) Access to confidential or sensitive information and data maintained by the system or submitted to the system by its members and others. (B) The system’s chief executive officer performing duties pursuant to Section 22301. (C) Legal services and operations. (D) Actuarial, investment, audit, accounting, and financial services. (E) A position that requires driving as an essential function of the position. (b) The system shall submit to the Department of Justice fingerprint images and related information required by the department of each employee and applicant for employment, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code. (c) The Department of Justice shall provide a state or federal response to the system pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The system shall use the records and information received from the Department of Justice pursuant to subdivisions (b) and (c) exclusively for the purposes of employment subject to Section 19572 of the Government Code and to screen applicants for employment while a tentative offer is still pending with the system. (Added by Stats. 2023, Ch. 159, Sec. 1. (SB 885) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22350. Source version: id_d0d6dd0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= The Legislature finds and declares that changing economic conditions and increasing complexity in the investment market make it necessary and desirable that the system obtain the best possible investment expertise. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22351. Source version: id_d0d6dd11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= It is the intent of the Legislature that the board secure investment advisors with the composite expertise necessary for the investment of the retirement fund portfolio. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22352. Source version: id_b6abf727-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= Upon a finding by the board that necessary investment expertise is not available within existing civil service classifications, and with the approval of the State Personnel Board, the board may, pursuant to policy adopted by the board, establish competitive bidding processes, and specify the contract terms and conditions it solely deems necessary and prudent to contract with qualified investment managers and investment advisers, as defined in Section 22143, having demonstrated expertise in managing, or advising the management of, large and diverse investment portfolios to render service in connection with the investment program of the board. (Amended by Stats. 2021, Ch. 619, Sec. 1. (AB 539) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22353. Source version: id_d0d863b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= (a) Notwithstanding any other provision of law, the board shall by contract retain not less than two separate individual investment advisers. (b) Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from this section. (c) No costs arising from this section shall be paid from the General Fund. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22354. Source version: id_d0d863b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= (a) The board shall, pursuant to the state civil service statutes, either contract with, or establish and fill full-time positions for, investment managers who are experienced and knowledgeable in corporate management issues to monitor each corporation any of whose shares are owned by the plan and to advise the board on the voting of the shares owned by the plan and on the responses of the system to merger proposals and tender offers and all other matters pertaining to corporate governance. (b) Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated, without regard to fiscal years, from the retirement fund, an amount sufficient to pay all costs arising from this section. (Amended by Stats. 1998, Ch. 965, Sec. 42. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22355. Source version: id_d0d863b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= In no event shall the board employ through interagency agreement any investment personnel who would also serve during the term of the agreement as investment staff to the Board of Administration of the Public Employees’ Retirement System. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22356. Source version: id_d0d863bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= The board may apply to reduce the book value of securities purchased, all or part of the excess of the proceeds of the sale or redemption prior to maturity of securities over the book value of the securities sold or redeemed provided the purchase of securities is made with those proceeds and provided that the terms of both securities from the date of sale, redemption, or purchase, as the case may be, to the respective dates of maturity, do not differ by more than five years. All applications of excess of sales or redemption proceeds, even with greater difference in terms, made by the board before October 1, 1949, are hereby validated and confirmed. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22359. Source version: id_d0d863bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= Notwithstanding any other provision of law, the board may retain a bank or trust company to serve as custodian for safekeeping, delivery, securities valuation, investment performance reporting, and other services in connection with investment of the retirement fund. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22360. Source version: id_d0d863bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= (a) Notwithstanding any other provision of law, the board may pursuant to Section 22203 and in conformance with its fiduciary duty set forth in Section 22250, enter into correspondent agreements with private lending institutions in this state to utilize the retirement fund to invest in residential mortgages, including assisting borrowers, through financing, to obtain homes in this state. (b) The program shall, among other things, provide: (1) That home loans be made available to borrowers for the purchase of single-family dwellings, two-family dwellings, three-family dwellings, four-family dwellings, single-family cooperative apartments, and single-family condominiums. (2) That the recipients of the loans occupy the homes as their principal residences in accordance with policies established by the board. (3) That the home loans shall be available only for the purchase or refinance of homes in this state. (4) That the amount and length of the loans shall be pursuant to a schedule periodically established by the board that shall provide a loan of up to 100 percent of the appraised value. In no event shall the loan amount exceed 200 percent of the conforming loan limit set by the Federal National Mortgage Association (FNMA) or 200 percent of the conforming loan limit set by the Federal Home Loan Mortgage Corporation (FHLMC), whichever is greater. The portion of any loan exceeding 80 percent of value shall be insured by an admitted mortgage guaranty insurer conforming to Chapter 2A (commencing with Section 12640.01) of Part 6 of Division 2 of the Insurance Code, in an amount so that the unguaranteed portion of the loan does not exceed 75 percent of the market value of the property together with improvements thereon. (5) That there may be prepayment penalties assessed on the loans in accordance with policies established by the board. (6) That the criteria and terms for its loans shall be consistent with the financial integrity of the program and the sound investment of the retirement fund. (7) Any other terms and conditions as the board shall deem appropriate. (c) It is the intent of the Legislature that the provisions of this section be used to establish an investment program for residential mortgages, including assisting borrowers in purchasing homes in this state, or refinancing a mortgage loan. The Legislature intends that home loans made pursuant to this section shall be secured primarily by the property purchased or refinanced and shall not exceed the appraised value of that property. (d) Appropriate administrative costs of implementing this section and Section 22360.5 shall be paid by the participating borrowers. Those costs may be included in the loan amount. (e) Appropriate interest rates shall be periodically reviewed and adjusted to provide loans to borrowers consistent with the financial integrity of the home loan program and the sound and prudent investment of the retirement fund. Under no circumstances, however, shall the interest rates offered to borrowers be below current market rate. (f) The board shall administer this section and Section 22360.5 under other terms and conditions it deems appropriate and in keeping with the investment standard. The board may adopt policies as necessary for its administration of this section and Section 22360.5 and to assure compliance with applicable state and federal laws. (g) This section and Section 22360.5 shall be known as, and may be cited as, the Dave Elder State Teachers’ Retirement System Home Loan Program Act. (Amended by Stats. 2001, Ch. 802, Sec. 4. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22360.5. Source version: id_d0d9ea61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= (a) The board may include in any investment program established pursuant to Section 22360 a procedure whereby a member may obtain 100 percent financing for the purchase for a single-family dwelling unit in accordance with the following criteria: (1) The member shall obtain one loan secured by the purchased home, pursuant to Section 22360, and a second personal loan secured by a portion of the accumulated retirement contributions in the member’s individual account. The personal loan shall only be used for the purchase of the member’s principal residence and not for a loan to refinance the member’s existing mortgage. (2) The loan secured by the purchased home shall be consistent with the requirements imposed by Section 22360. (3) In no event may the personal loan secured by the accumulated retirement contributions in the member’s individual account exceed the lesser of 50 percent of the current value amount of the accumulated retirement contributions or fifty thousand dollars ($50,000). (4) If two members are married, the personal loan secured by the sum total of accumulated retirement contributions in both members’ accounts shall not exceed 5 percent of the loan. (5) The pledge of security under this section shall remain in effect until the personal loan is paid in full. (b) The pledge of security under this section shall take binding effect. In the event of a default on the personal loan secured by the member’s retirement contributions as authorized by this section, the board shall deduct an amount from the member’s accumulated retirement contributions on deposit and adjust the member’s accumulated retirement contributions as necessary to recover any outstanding loan balance prior to making any disbursement of a refund or a lump-sum distribution. (c) In the event of a default on the personal loan by a member, the board shall deduct the monthly principal plus appropriate interest from the member’s benefit, when the member begins receiving a benefit, until the loan is paid in full. (d) In the event of a default on the personal loan by a member receiving a benefit, the board shall deduct the monthly principal and interest from the member’s benefit until the personal loan is paid in full. (e) The secured personal loan permitted under this section shall be made available only to members who meet eligibility criteria as determined by the board. (f) In the event of a refund or lump-sum distribution of the accumulated retirement contributions, the member’s account shall be adjusted as necessary to recover any outstanding loan balance. (g) If the member is married at the time the home is purchased with a personal loan secured by the member’s accumulated retirement contributions as authorized by this section, then the member’s spouse shall agree in writing to the pledge of security, as to his or her community interest in the amount pledged, regardless of whether title to the home is held in joint tenancy. (h) For purposes of the section only, “member” means any person who is entitled to receive an allowance funded by the system pursuant to this part or Part 14, notwithstanding any vesting requirement and without regard to present eligibility to retire, and who is not retired or disabled. (Added by Stats. 1999, Ch. 939, Sec. 27. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22361. Source version: id_d0d9ea63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= (a) The board may, subject to and consistent with its fiduciary duty, establish a program utilizing the retirement fund to assist currently employed members and retired members who are victims of a natural disaster to obtain loans from the retirement fund for the sole purpose of repairing or rebuilding their homes that have been damaged by a natural disaster. In order to qualify for such a loan, the home of the currently employed member or retired member shall have been damaged by a natural disaster and the home shall have been in an area that has been declared a disaster area in a proclamation of the Governor of a state of emergency affecting the area in which the currently employed member or retired member resides. (b) The board may loan any amount of money, up to and including 100 percent of the current appraised value of a home of a currently employed member or retired member. However, 5 percent of the loan may, at the discretion of the board, be secured by the contributions of the member who requests the loan. (c) The board may, under such conditions as it may deem prudent, require that a currently employed member or retired member pledge other assets as collateral for a loan. (d) The board shall establish terms for the termination of loans made pursuant to this section upon the separation of members from service, to ensure, in the case of any default, that the fund shall not suffer any loss and to provide, as a condition of retirement, for alternative security. The board may impose any other terms and conditions the board may determine appropriate. (e) The Legislature hereby reserves full power and authority to change, revise, limit, expand, or repeal the loan program authorized by this section. (Amended by Stats. 1996, Ch. 634, Sec. 92. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22362. Source version: id_3cb7bab2-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= (a) Notwithstanding any other provision of law, the board shall give first priority to investing not less than 25 percent of all funds of the plan that become available in a fiscal year for new investments, in any of the following: (1) Obligations secured by a lien or charge solely on residential realty, including rental housing, located in the state and on the security of which, commercial banks are permitted to make loans pursuant to Article 2 (commencing with Section 1220) of Chapter 10 of Division 1 of the Financial Code. (2) Securities representing a beneficial interest in a pool of obligations secured by a lien or charge solely on residential realty located in the state. (3) Certificates of deposit issued by savings and loan associations, if the savings and loan associations agree to make loans, or to fund tax-exempt notes or bonds issued by housing authorities, cities, or counties, on residential realty located in the state, including rental housing, in an amount equal to the amount of the deposit. (b) Funds subject to investment pursuant to this section include all moneys received as employer and member contributions, investment income, and the proceeds from all net gains and losses from securities, reduced by the amount of benefit payments and withdrawals occurring during the fiscal year. In computing the amount of investment pursuant to this section, a dollar-for-dollar credit shall be given for residential realty investments described in this section that are contractually agreed to be made by a financial institution from which the board, in consideration thereof, purchases other such investments. In computing the amount of investment pursuant to this section, the board may elect to include the dollar amount of commitments to purchase mortgages from public revenue bond programs in the year the commitment is given. However, that election may not exceed one-fifth of the total guideline amount. (c) Nothing in this section shall be construed to require the acquisition of any instrument or security at less than the market rate. (d) If the board determines during any fiscal year that compliance with this section will result in lower overall earnings for the retirement fund than obtainable from alternative investment opportunities that would provide equal or superior security, including guarantee of yield, the board may substitute those higher yielding investments, to the extent actually available for acquisition, for the investments otherwise specified by this section. Additionally, if, and to the extent that, adherence to the diversification guideline specified in this section would conflict with its fiduciary obligations in violation of Section 9 of Article I of the California Constitution or Section 10 of Article I of the United States Constitution, or would conflict with the standard for prudent investment of the fund as set forth in Section 17 of Article XVI of the California Constitution, the board may substitute alternative investments. (e) The board, upon determining the final amount of funds available for investment in substitute alternative investments and the estimated amount of funds invested pursuant to subdivision (a), shall submit that information to the Governor and the Joint Legislative Audit Committee. Thereafter, the Joint Legislative Audit Committee shall transmit the report of the State Auditor to the Speaker of the Assembly and the Senate Committee on Rules for transmittal to the affected policy committees. (Amended by Stats. 2006, Ch. 654, Sec. 3. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22363. Source version: id_d0db7107-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= No matter involving any vendor or contractor, in their individual or any other capacity, shall be considered during a closed session on any transaction involving the system unless, prior to the closed session, a written disclosure has been submitted by the vendor or contractor of any campaign contributions aggregating two hundred fifty dollars ($250) or more and any gifts aggregating fifty dollars ($50) or more in value that the vendor or contractor has made during the preceding calendar year to any member of the board or any officer or employee of the system. Failure to disclose the campaign contributions and gifts shall provide the basis for disqualification of the contractor or the vendor. (Added by Stats. 1998, Ch. 923, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 6. Investments [22350 - 22364] SECTION 22364. Source version: id_d0db7109-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=6.&article= (a) During the process leading to an award of any contract by the system, no member of the board or its staff shall knowingly communicate concerning any matter relating to the contract or selection process with any party financially interested in the contract, or an officer or employee of that party, unless the communication is (1) part of the process expressly described in the request for proposal or other solicitation invitation, or (2) part of a noticed board meeting, or (3) as provided in subdivision (c). Any applicant or bidder who knowingly participates in a communication that is prohibited by this paragraph shall be disqualified from the contract award. (b) During the evaluation of any prospective investment transaction, no party who is financially interested in the transaction, or an officer or employee of that party, may knowingly communicate with any board member concerning any matter relating to the transaction or its evaluation, unless the financially interested party discloses the content of the communication in a writing addressed and submitted to the executive officer and the board prior to the board’s action on the prospective transaction. This subdivision shall not apply to communications that are part of a noticed board meeting, or as provided in subdivision (c). (1) The writing shall disclose the date and location of the communication, and the substance of the matters discussed. The board shall prescribe other procedures concerning this disclosure. (2) Any board member who participates in a communication subject to this subdivision shall also have the obligation to disclose the communication to the executive officer and board, prior to the board’s action on the prospective transaction. The board shall prescribe procedures for this disclosure, including procedures to apply to board members who fail to disclose communications as required by this subdivision. (3) Consistent with its fiduciary duties, the board shall determine the appropriate remedy for any knowing failure of a financially interested party to comply with this subdivision including, but not limited to, outright rejection of the prospective investment transaction, reduction in fee income, or any other sanction. (4) The communications disclosed under this subdivision shall be made public, either at the open meeting of the board in which the transaction is considered, or if in closed session, upon public disclosure of any closed session votes concerning the investment transaction. (c) The procedures and prohibitions prescribed by this section shall not apply to: (1) Communications that are incidental, exclusively social, and do not involve the system or its business, or the board or staff member’s role as a system official. (2) Communications that do not involve the system or its business and that are within the scope of the board or staff member’s private business or public office wholly unrelated to the system. (Added by Stats. 1998, Ch. 923, Sec. 3. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 7. System Headquarters [22375 - 22380] SECTION 22375. Source version: id_df67e313-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=7.&article= Notwithstanding Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code, the board may select, purchase, or acquire in the name of the plan, the fee or any lesser interest in real property, improved or unimproved, and may remodel and equip, or construct an office building in the greater metropolitan Sacramento area, including the City of Sacramento, the County of Sacramento, and the eastern part of Yolo County, for the purposes of establishing a permanent headquarters facility for the system. (Amended by Stats. 2004, Ch. 378, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 7. System Headquarters [22375 - 22380] SECTION 22376. Source version: id_d0dcf7af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=7.&article= All buildings acquired or improvements constructed by the board under the provisions of this chapter may contain space in excess of immediate requirements. The board may contract with the Department of General Services to handle the rentals of any excess space over and above that required by the board and to furnish general supervision and maintenance of buildings and improvements constructed under the provisions of this chapter. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 7. System Headquarters [22375 - 22380] SECTION 22377. Source version: id_d0dcf7b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=7.&article= The board may contract with the Department of General Services or any other state agency for assistance in the acquisition of real property and any construction thereon of buildings or improvements authorized by this chapter. (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 7. System Headquarters [22375 - 22380] SECTION 22378. Source version: id_d0dcf7b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=7.&article= In the event that condemnation of the property selected is necessary, the board may elect to deposit with the treasurer funds it deems necessary, and that are appropriated, for purchase of the selected property subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 7. System Headquarters [22375 - 22380] SECTION 22379. Source version: id_d0dcf7b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=7.&article= Work on all projects shall be done under contract awarded to the lowest responsible bidder pursuant to bidding procedures set forth in the State Contract Act (Chapter 1 (commencing with Section 10100) of Division 2 of the Public Contract Code). (Added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 7. System Headquarters [22375 - 22380] SECTION 22380. Source version: id_a3aa8e9a-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=7.&article= (a) The board shall establish a building account for the transfer of money appropriated for that purpose from the retirement fund for the construction or remodeling of buildings and improvements thereon, maintenance, repair, and improvement thereof. (b) The board may contract with the Department of General Services for the purchase of insurance against loss of, or damage to, the property or the loss of use or occupancy of the building, liability insurance, and other insurance that is customarily carried on state office buildings. Premiums for this insurance shall be paid from the building account. (c) The land, building, equipment, and improvements thereon, shall constitute an investment of the system and shall be carried on the books thereof in accordance with generally accepted accounting principles. (Amended by Stats. 2010, Ch. 207, Sec. 6. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 8. Establishment and Control of Funds [22400 - 22404] SECTION 22400. Source version: id_d0de7e5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=8.&article= (a) There is in the State Treasury a special trust fund to be known as the Teachers’ Retirement Fund. There shall be deposited in that fund the assets of the plan and its predecessors, consisting of employee contributions, employer contributions, state contributions, appropriations made to it by the Legislature, income on investments, other interest income, income from fees and penalties, donations, legacies, bequests made to it and accepted by the board, and any other amounts provided by this part and Part 14. General Fund transfers pursuant to Section 22954 shall be placed in a segregated account known as the Supplemental Benefit Maintenance Account within the retirement fund, which is continuously appropriated without regard to fiscal years, notwithstanding Section 13340 of the Government Code, for expenditure for the purposes of Section 24415. (b) Disbursement of money from the retirement fund of whatever nature shall be made upon claims duly audited in the manner prescribed for the disbursement of other public funds except that notwithstanding the foregoing disbursements may be made to return funds deposited in the fund in error. (Amended by Stats. 1999, Ch. 939, Sec. 28. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 8. Establishment and Control of Funds [22400 - 22404] SECTION 22401. Source version: id_d0de7e5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=8.&article= Return on investments shall be collected by the Treasurer, and together with any other moneys received for the retirement fund shall be immediately deposited to the credit of that fund and reported immediately to the system. Money in whatever form received directly by the system shall be deposited immediately in the State Treasury to the credit of that fund. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 8. Establishment and Control of Funds [22400 - 22404] SECTION 22402. Source version: id_d0de7e5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=8.&article= Earned interest on plan assets with respect to the Defined Benefit Program that is not credited to member accounts under the Defined Benefit Program and the plan’s other income with respect to the Defined Benefit Program shall be allocated to provide benefits payable under the Defined Benefit Program. (Amended by Stats. 2000, Ch. 1025, Sec. 16. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 8. Establishment and Control of Funds [22400 - 22404] SECTION 22403. Source version: id_d0de7e61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=8.&article= The Legislature hereby finds and declares that pursuant to the authorizing legislation creating and establishing the Cash Balance Plan, the board transferred one million dollars ($1,000,000) in the form of a loan from the retirement fund holding assets at that time exclusively for the State Teachers’ Retirement System Defined Benefit Plan to the newly created Cash Balance Plan. That loan represented an asset receivable to the State Teachers’ Retirement System Defined Benefit Plan and a liability obligation to the State Teachers’ Retirement System Cash Balance Plan. As a result of the merger of these two plans authorized under this part, the assets held in the retirement fund shall hereby reflect the combined assets of the State Teachers’ Retirement Plan. That loan shall be discharged by the creation and establishment of the State Teachers’ Retirement Plan pursuant to the merger. (Added by Stats. 1998, Ch. 1048, Sec. 10. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 8. Establishment and Control of Funds [22400 - 22404] SECTION 22404. Source version: id_2c853f49-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=8.&article= (a) Notwithstanding any other provision of this part or Part 14 (commencing with Section 26000) to the contrary, the board may establish by plan amendment a specified amount or amounts, not to exceed ten dollars ($10), below which the system may dispense with: (1) The processing of a benefit payment, an annuity payment, or any other payment, including adjustments to those payments, payable to a member, participant, or beneficiary. (2) The collection of a benefit overpayment, annuity overpayment, or any other overpayments paid to a member, participant, or beneficiary. (b) When the cumulative dollar amount associated with one or more benefit payments or overpayments, annuity payments or overpayments, or other payments or overpayments equals or exceeds the amount described in subdivision (a), that amount shall be paid to, or collected from, the member, participant, or beneficiary. That cumulative amount paid or collected shall not be credited with interest. (Amended by Stats. 2015, Ch. 123, Sec. 7. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22450. Source version: id_ba11efba-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) Each member and beneficiary shall furnish to the board any information affecting his or her status as a member or beneficiary of the Defined Benefit Program as the board requires, which may include, but shall not be limited to, the following: (1) Financial statements, certified copies of state and federal income tax records, or evidence of financial status. (2) Employment, legal, or medical documentation. (b) A member who has not had any creditable service reported during the prior school year shall provide the system with his or her current mailing address and beneficiary information. (c) For a trust that is designated as an option beneficiary, as defined in Section 22149, the following documentation is required: (1) The member shall provide an acknowledged certification that includes each declaration prescribed by clause A-6 of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations and a declaration that the trust meets the requirements and conditions as defined in Section 22149. The certification shall be submitted to the system at the time of election of the beneficiary and is required for the election to be valid. The certification shall be in the form of an acknowledged declaration signed by the member and by all then-acting trustees of the trust. (2) After the member’s death, the then-acting trustee or trustees of the trust shall provide an acknowledged certification that includes each of the declarations prescribed by clause A-6 of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations and a declaration that the trust meets the requirements and conditions provided in Section 22149. The certification by the trustee or trustees of the trust shall be submitted to the system upon the member’s death and shall additionally certify that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained in the certification to be incorrect. The certification shall contain a statement that it is being signed by all of the then-acting trustees of the trust and shall be in the form of an acknowledged declaration signed by all the then-acting trustees. (3) At any time, upon demand by the system, the member or trustee of the trust shall provide a copy of the trust instrument. (Amended by Stats. 2016, Ch. 559, Sec. 3. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22451. Source version: id_d0e00407-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) Each member shall file a statement with the board, at the option of, and upon the form furnished by, the system, giving the following information: (1) Date of birth. (2) All service previously performed subject to coverage by the plan or its predecessors. (b) Each person becoming a member on or after January 1, 1983, shall include in the health résumé required by the teacher preparation and licensing agency all information that shall verify any and all handicaps and disabling conditions at the time of application. Upon request by the system this information shall be made available when an application for disability benefits is received. (Amended by Stats. 1996, Ch. 634, Sec. 96. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22451.5. Source version: id_c0e18eec-ca2f-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) Upon request by the system, a member shall provide proof of his or her date of birth to resolve any discrepancy between the member’s date of birth as originally documented on the records of the system and the member’s date of birth as subsequently submitted. (b) A member shall provide proof of the date of birth of a person who is, or the beneficiary of a trust that is, designated by the member as beneficiary under an option selected pursuant to Chapter 28 (commencing with Section 24300) if the beneficiary is not also a member of the plan. (c) Documentation substantiating the date of birth of a member’s dependent child shall be provided if an allowance payable under this part will include an amount for that dependent child. (d) At the time application is made for payment of a family allowance or survivor benefit allowance to a surviving spouse or dependent parent, a member’s surviving spouse or dependent parent shall provide proof of his or her date of birth. (e) At the discretion of the board, an original document, a certified copy of the original, or a photocopy shall be acceptable to establish proof of the date of birth. (Amended by Stats. 2016, Ch. 559, Sec. 4. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22451.7. Source version: id_d0e0040b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= The system may withhold benefit payments until proof of the date of birth of a member, beneficiary under an option selected pursuant to Chapter 28 (commencing with Section 24300), surviving spouse, dependent child or dependent parent has been received and accepted by the system. (Amended by Stats. 1996, Ch. 1165, Sec. 14. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22453. Source version: id_d0e18aad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) Except as provided in Section 22454, the signature of the spouse of a member shall be required under the Defined Benefit Program on any application for, or cancellation of, an unmodified allowance; the election, change, or cancellation of an option; or any request for a refund of the member’s accumulated retirement contributions or accumulated annuity deposit contributions ; and under the Defined Benefit Supplement Program on any application for, or cancellation of, a retirement benefit, disability benefit, or termination benefit; and under either the Defined Benefit Program or the Defined Benefit Supplement Program on any other requests related to the selection of benefits by a member in which a spousal interest may be present, unless the member declares, in writing, under penalty of perjury, that one of the following conditions exists: (1) The member is not married. (2) The current spouse has no identifiable community property interest in the benefit. (3) The member and spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage. (4) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition. (5) The member does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse. (b) This section shall not be applicable to an application for a disability allowance under the Defined Benefit Program. (c) The sole purpose of this section is to provide for spousal protection in the selection of specified benefits made by a member. (Amended by Stats. 2000, Ch. 1021, Sec. 15. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22454. Source version: id_d0e18aaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= If a spouse refuses to sign an application, as set forth in Section 22453, the member may bring an action in court to enforce the spousal signature requirement or to waive the spousal signature requirement. Either party may bring an action pursuant to Section 1101 of the Family Code to determine the rights of the party. (Amended by Stats. 1996, Ch. 634, Sec. 97. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22455. Source version: id_c8da8742-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) The county superintendent and other employing agencies shall furnish any further information concerning any member or beneficiary the board may require. (b) Any information or reports required to be submitted to the system by an employer pursuant to this part or Part 14 (commencing with Section 26000) shall be submitted in a form, including, but not limited to, electronic transmission, as directed by the system. (Amended by Stats. 2012, Ch. 864, Sec. 6. (AB 2663) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22455.5. Source version: id_d0e18ab3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) The Legislature finds and declares that the federal Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) requires all public employers to provide their employees with either social security coverage or membership in a qualified retirement plan. (b) Employers shall make available criteria for membership, including optional membership, in a timely manner to all persons employed to perform creditable service subject to coverage by the Defined Benefit Program, and shall inform part-time and substitute employees, within 30 days of the date of hire, or by March 1, 1995, whichever is later, that they may elect membership in the plan’s Defined Benefit Program at any time while employed. Written acknowledgment by the employee shall be maintained in employer files on a form provided by this system. (c) Employers shall be liable to the plan for employee and employer contributions and interest with respect to the Defined Benefit Program from the date of hire, or March 1, 1995, whichever is later, in addition to system administrative and audit costs, if an audit or a member’s complaint reveals noncompliance. However, no employer shall be liable for employee contributions for service performed prior to January 1, 1995. (Amended by Stats. 1999, Ch. 939, Sec. 29. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22456. Source version: id_d0e18ab5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= At any time upon the request of the system, the employer shall furnish a statement of the amount of contributions deducted from the compensation of any member, the service performed and the compensation earned by the member since the end of the period covered by the last report of the employer. The system may use the information shown in the statement in determining contributions to be paid by or to the member or to a beneficiary, or use it in determining the member’s status upon retirement, even though the member’s and employer’s contributions will not be received by the board until after the payment or determination. (Amended by Stats. 1997, Ch. 482, Sec. 6. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22457. Source version: id_d0e31157-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) Each county superintendent shall give immediate notice in writing to the board of the employment, death, resignation, or discharge of any person employed by the county or by a school district or community college district in the county to perform creditable service subject to coverage by the Defined Benefit Program. (b) Every other employing agency shall give similar notice with respect to each person it employs to perform creditable service subject to coverage by the Defined Benefit Program. (Amended by Stats. 1999, Ch. 939, Sec. 30. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22458. Source version: id_d0e31159-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= Each employer shall provide the system with information regarding the compensation to be paid to employees subject to the Defined Benefit Program in that school year. The information shall be submitted annually as determined by the board and may include, but shall not be limited to, employment contracts, salary schedules, and local board minutes. (Amended by Stats. 1999, Ch. 939, Sec. 31. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22458.5. Source version: id_0aafbc95-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= Upon request from the system, each employer shall provide the system with information regarding the certification qualifications, minimum standards, or provisions of an approved charter for the operation of a charter school required to perform creditable service pursuant to subdivision (a) of Section 22119.5, in a position. (Added by Stats. 2015, Ch. 782, Sec. 8. (AB 963) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22459. Source version: id_d0e3115b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) The county superintendent or other employing agency shall withhold the salary of any member who fails to file information required by the board in the administration of the Defined Benefit Program, or to pay amounts due from the members to the fund with respect to the Defined Benefit Program. (b) The salary shall be withheld by the county superintendent or employing agency upon his or her own knowledge, if any, of the failure or upon notice from the board of the failure of the member to file or pay. (c) The salary shall be withheld and not released until notice is given by the board to the county superintendent or employing agency, or until the county superintendent or agency knows otherwise, that the information has been filed or the payment has been made. (Amended by Stats. 1999, Ch. 939, Sec. 32. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22460. Source version: id_d0e3115d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) If a member terminates employment with less than five years of credited service, the employer shall notify the member of the following: (1) That unless the member is eligible, or becomes eligible in the future, for concurrent retirement pursuant to paragraph (2) of subdivision (a) of Section 24201, the member is eligible only for a refund of accumulated retirement contributions under the Defined Benefit Program and the return of the member’s accumulated Defined Benefit Supplement account balance. (2) The current rate of interest that shall be earned on accumulated retirement contributions that are not refunded and the current minimum interest rate that shall be applied to the member’s Defined Benefit Supplement account. (3) Actions that may be taken by the board if accumulated retirement contributions are not refunded under the Defined Benefit Program and the member’s Defined Benefit Supplement account balance is not returned. (b) Employers shall transmit to a member who terminates employment with less than five years of credited service the information specified in subdivision (a) as part of the usual separation documents. (Repealed and added by Stats. 2000, Ch. 1021, Sec. 17. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13. STATE TEACHERS' RETIREMENT SYSTEM [22000 - 25115] CHAPTER 9. Member and Employer Duties [22450 - 22461] SECTION 22461. Source version: id_568ac078-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.&chapter=9.&article= (a) Upon retaining the services of a retired member under Section 24114, 24116, 24214, 24214.5, or 24215, the school district, community college district, county superintendent of schools, California State University, or other employing agency shall do both of the following regardless of whether the retired member performs the services as an employee of the employer, an employee of a third party, or an independent contractor: (1) Advise the retired member of the earnings limitation or employment restriction set forth in Sections 22714, 24114, 24116, 24214, 24214.5, and 24215. (2) Maintain accurate records of the retired member’s earnings and report those earnings monthly to the system and the retired member regardless of the method of payment or the fund from which the payments were made. (b) This section shall not be construed to make any school district, community college district, county superintendent of schools, the California State University, or other employing agency liable for any amount paid to the retired member in excess of the earnings limitation under any circumstance, including the failure to inform the retired member that continuation of service would exceed the limitations. (Amended by Stats. 2013, Ch. 558, Sec. 7. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 1. General Provisions [25900- 25900.] SECTION 25900. Source version: id_680f334f-e5ff-11dc-aab7-d549b1a723bb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=1.&article= (a) All costs incurred by the system to develop health care benefit programs pursuant to this part shall be paid by allocations from the Teachers’ Retirement Fund as appropriated for that purpose. (b) Any health care benefits program developed by the system pursuant to this part shall not be implemented by the system unless specifically authorized by a statute enacted by the Legislature. (Added by renumbering Section 25000 by Stats. 2000, Ch. 1032, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 2. Definitions [25901 - 25926] SECTION 25901. Source version: id_d1a6b036-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=2.&article= Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part. (Added by renumbering Section 25100 by Stats. 2000, Ch. 74, Sec. 64. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 2. Definitions [25901 - 25926] SECTION 25910. Source version: id_d1a836d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=2.&article= “Beneficiary” or “beneficiaries” means any person or entity receiving or entitled to receive an allowance and payment pursuant to Part 13 (commencing with Section 22000) or 14 (commencing with Section 26000) because of the disability or death of a member. (Added by renumbering Section 25110 by Stats. 2000, Ch. 74, Sec. 65. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 2. Definitions [25901 - 25926] SECTION 25915. Source version: id_d1a836da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=2.&article= (a) “Dependent child” or “dependent children” means a member’s unmarried offspring or stepchild who is not older than 22 years of age and who is financially dependent upon the member on the date the member becomes eligible for benefits pursuant to this part. (b) “Offspring” shall include the member’s child who is born within the 10-month period commencing on the date the member becomes eligible for benefits pursuant to this part. (c) “Offspring” shall include a child adopted by the member. (d) “Dependent child” shall not include the member’s offspring or stepchild who is adopted by a person other than the member’s spouse. (e) “Financially dependent,” for purposes of this section, means that at least one-half of the child’s support was being provided by the member on the date the member became eligible for benefits pursuant to this part. The system may require that income tax records or other data be submitted to substantiate the child’s financial dependence. In the absence of substantiating documentation, the system may determine that the child was not dependent on the date the member became eligible for benefits pursuant to this part. (Added by renumbering Section 25115 by Stats. 2000, Ch. 74, Sec. 66. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 2. Definitions [25901 - 25926] SECTION 25920. Source version: id_d1a836dc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=2.&article= “Dependent parent” or “dependent parents” means a natural parent or parents of a member, or a parent or parents who adopted the member prior to the earlier of the occurrence of the member’s marriage or his or her attaining 18 years of age, and who was receiving one-half or more of his or her support from the member at the time the member became eligible for benefits pursuant to this part. (Added by renumbering Section 25120 by Stats. 2000, Ch. 74, Sec. 67. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 2. Definitions [25901 - 25926] SECTION 25921. Source version: id_d1a836de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=2.&article= “Employer” means the state or any agency or political subdivision thereof for which creditable service subject to coverage by the plan, as defined in Section 22155.5, is performed. (Added by Stats. 2001, Ch. 803, Sec. 34. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 2. Definitions [25901 - 25926] SECTION 25923. Source version: id_d1a836e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=2.&article= “Fund” means the Teachers’ Health Benefits Fund. (Added by Stats. 2000, Ch. 1032, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 2. Definitions [25901 - 25926] SECTION 25925. Source version: id_d1a836e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=2.&article= “Member” means a current or retired employee of an employer, as defined in Section 25921. (Amended by Stats. 2001, Ch. 803, Sec. 35. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 2. Definitions [25901 - 25926] SECTION 25926. Source version: id_4fc12e01-fccf-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=2.&article= “School year” means the period of time beginning on July 1 of one calendar year and ending on June 30 of the following calendar year. (Amended by Stats. 2018, Ch. 416, Sec. 25. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 3. Establishment and Control of Fund [25930 - 25933] SECTION 25930. Source version: id_d1a9bd88-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=3.&article= There is in the State Treasury a special trust fund to be known as the Teachers’ Health Benefits Fund. There shall be deposited in the fund the employer contributions required under subdivision (c) of Section 22950, income on investments, other interest income, income from fees and penalties, premiums paid by members, donations, legacies, bequests made to the fund and accepted by the board, and any other amounts provided by this part. Notwithstanding Section 13340 of the Government Code, the proceeds of the fund are hereby continuously appropriated without regard to fiscal year for purposes of this part. The design and administration of the fund and any program financed from the fund shall comply with Section 115 of Title 26 of the United States Code. (Amended by Stats. 2001, Ch. 803, Sec. 37. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 3. Establishment and Control of Fund [25930 - 25933] SECTION 25931. Source version: id_d1a9bd8a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=3.&article= The board shall have exclusive control of the administration of the fund. No transfers or disbursements of any amount from the fund shall be made except upon the authorization of the board for the purpose of carrying into effect the provisions of this part. Except as otherwise limited by the California Constitution and by law, the board may, in its discretion, invest the assets of the fund through the purchase, holding, or sale of any investment, financial instrument, or financial transaction, when the investment, financial instrument, or financial transaction is prudent in the informed opinion of the board. (Added by Stats. 2000, Ch. 1032, Sec. 4. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 3. Establishment and Control of Fund [25930 - 25933] SECTION 25932. Source version: id_d1a9bd8c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=3.&article= Return on investments shall be collected by the State Treasurer and, together with any other moneys received for the fund, shall be immediately deposited to the credit of the fund and reported immediately to the system. Money in whatever form received directly by the system for the fund shall be deposited immediately in the State Treasury to the credit of the fund. (Added by Stats. 2000, Ch. 1032, Sec. 4. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 3. Establishment and Control of Fund [25930 - 25933] SECTION 25933. Source version: id_d1a9bd8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=3.&article= (a) For purposes of this section, “plan” means any health benefits program that is financed from the proceeds of the fund. (b) The board shall maintain all data necessary to perform an actuarial investigation of the demographic and economic experience of the plan and for the actuarial valuation of the assets and liabilities of the plan. (c) The board shall retain the services of an actuary to do all of the following: (1) Make recommendations to the board for the adoption of actuarial assumptions that, in the aggregate, are reasonably related to the past experience of the plan and reflect the actuary’s informed estimate of future experience. (2) Make an actuarial investigation of the demographic and economic experience, including the mortality, service, and other experience, of the plan with respect to members or any other persons eligible to receive benefits from the plan. (3) At least biennially, using actuarial assumptions adopted by the board, perform an actuarial valuation of the plan that identifies the assets and liabilities of the plan, and report the findings to the board. The report of the actuary on the results of the actuarial valuation shall identify and include the components of normal cost and adequate information to determine the effects of changes in actuarial assumptions. Copies of the report on the actuarial valuation shall be transmitted to the Governor and to the Legislature. (4) Recommend to the board all rates and factors necessary to administer the plan, including, but not limited to, mortality tables and interest rates. (5) Recommend to the board a strategy for amortizing any unfunded actuarial obligation. (Amended by Stats. 2001, Ch. 159, Sec. 61. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 4. Medicare Premium Payment Program [25940 - 25955] SECTION 25940. Source version: id_c06375cc-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=4.&article= (a) Effective July 1, 2001, the system shall pay to the federal Centers for Medicare and Medicaid Services or a successor agency the premiums associated with Medicare Part A for retired or disabled members described in this section. (b) This section shall apply only to a retired member of the Defined Benefit Program who meets all of the following requirements: (1) The member retired prior to January 1, 2001, or began receiving a disability allowance prior to January 1, 2001, and has been continually disabled since January 1, 2001. (2) The member is not eligible for Medicare Part A without payment of a premium. (3) The member is at least 65 years of age. (4) The member enrolled in Medicare Parts A and B. (c) The board may extend eligibility for the payments described in this section to members of the Defined Benefit Program who meet the requirements of subdivision (d) and who retire or begin receiving a disability allowance on or after January 1, 2001, within a school year specified by the board, if the board finds that the cost of the payments for members who retire or begin receiving a disability allowance during the specified school year may be paid within the anticipated resources available in the fund, as determined by the actuarial valuation of the program established by this chapter. Any extension of eligibility to members who retire or begin receiving a disability allowance on or after January 1, 2001, shall be provided equally to any member who meets the requirements of subdivision (d) and retires or begins receiving a disability allowance during the school year specified by the board. (d) (1) Eligibility for the payments described in this section pursuant to subdivision (c) shall be limited to members of the Defined Benefit Program who do either of the following: (A) Retires from an employer that does either of the following: (i) Completed a division pursuant to Section 22156 of the Government Code prior to January 1, 2001. (ii) Completed or is conducting a division pursuant to Section 22156 of the Government Code on or after January 1, 2001, and, if the member was less than 58 years of age at the time of the division, the member elected to be covered by Medicare. (B) Began receiving a disability allowance and continuously receives a disability allowance until 65 years of age or older and the member’s last employer does any of the following: (i) Completed a division pursuant to Section 22156 of the Government Code prior to January 1, 2001. (ii) Completed or is conducting a division pursuant to Section 22156 of the Government Code on or after January 1, 2001, and, if the member was still actively employed and less than 58 years of age at the time of the division, the member elected to be covered by Medicare. (iii) Completed or is conducting a division pursuant to Section 22156 of the Government Code on or after January 1, 2001, and, if the member is no longer actively employed, the division was completed prior to the time the member reached normal retirement age. (2) For purposes of paragraph (1), a division occurs during the 10-day period during which the member has the opportunity to elect to be covered by Medicare pursuant to Section 22156 of the Government Code. (3) This subdivision does not apply to a member who retires from a district, or is receiving a disability allowance and the member was last employed in a district, that either as of January 1, 2001, had no members who were less than 58 years of age and who were hired prior to April 1, 1986, or was created pursuant to a formation or a reorganization on or after April 1, 1986, and prior to January 1, 2001. (e) The amount paid to the federal Centers for Medicare and Medicaid Services or a successor agency pursuant to this section shall include any surcharges applicable to enrollment in Medicare Part A or Part B by members who retired prior to January 1, 2001, and who enrolled in Medicare Parts A and B after the age of 65 years and prior to July 1, 2001. If the system pays the Part A premium and Part B surcharges on behalf of a member and that member later becomes eligible for Part A coverage without payment of a premium, the system shall continue to pay any applicable Part B surcharges on behalf of that member. The board may require a member on whose behalf a surcharge would be paid pursuant to this subdivision to authorize the system to deduct the Part B premium from the member’s retirement allowance as a condition of having the system pay the Part A premium pursuant to this section. (f) For the purposes of this section, if a retirement date is used to determine eligibility pursuant to subdivisions (b) and (c), the system shall use the member’s most recent retirement date for eligibility purposes. (Amended by Stats. 2013, Ch. 558, Sec. 54. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 4. Medicare Premium Payment Program [25940 - 25955] SECTION 25950. Source version: id_d1ab4434-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=4.&article= On or before April 1, 2001, the board shall report to the Legislature on a prescription drug program and a program to provide health benefits to retired members. The report shall include an analysis of all potential methods of financing and administering the programs. These shall include, but are not limited to, (1) the system providing those health benefits under contracts with carriers or other entities that administer health benefits plans, (2) reimbursing employers for the costs of providing those health benefits to retired employees, and (3) crediting employers and employing agencies, against the amount contributed pursuant to Section 22950, a monthly amount, adjusted annually, for each retiree the employer or employing agency certifies is enrolled in one or more health care benefits programs administered or sponsored by the employer or employing agency. The report shall include an estimate of the fiscal impact of each program on the system, including administration and program costs, and recommended statutory language to implement each program. (Added by Stats. 2000, Ch. 874, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 13.5. HEALTH CARE BENEFITS PROGRAM [25900 - 25955] CHAPTER 4. Medicare Premium Payment Program [25940 - 25955] SECTION 25955. Source version: id_d1accad6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=13.5.&chapter=4.&article= To recover an amount overpaid under this part, the monthly allowance payable under the Defined Benefit Program may be reduced by the amount of the overpayment. If the overpayment is not due to fraud or intentional misrepresentation of facts by the recipient of the allowance or benefit, the monthly allowance may be reduced by no more than 5 percent if the overpayment was due to error by the system, the county superintendent of schools, a school district, or a community college district, and by no more than 15 percent if the error was due to inaccurate or omitted information from the recipient of the allowance or benefit. (Added by Stats. 2002, Ch. 375, Sec. 36. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 1. General Provisions [26000 - 26004] SECTION 26000. Source version: id_7af979f1-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=1.&article= The Legislature hereby finds and declares that the State Teachers’ Retirement System Cash Balance Plan was created and established on July 1, 1996, to provide a retirement plan for persons employed by an employer offering the Cash Balance Plan, excluding a community college district, to perform creditable service for less than 50 percent of the full-time equivalent for the position, or employed by a community college district offering the Cash Balance Plan to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5, or employed by an employer offering the Cash Balance Plan to perform creditable service as a substitute employee. The persons eligible for the Cash Balance Plan were excluded from mandatory membership in the State Teachers’ Retirement System Defined Benefit Plan. Both plans are administered by the Teachers’ Retirement Board. Because both plans were intended to provide for the retirement of teachers and other persons employed in connection with the public schools of this state and schools supported by this state, a merger of these two plans is now hereby made for the purpose of establishing a single retirement plan that shall be known and may be cited as the State Teachers’ Retirement Plan consisting of the different benefit programs set forth in this part and Part 13 (commencing with Section 22000). The plan shall be administered by the Teachers’ Retirement Board as set forth in this part and Part 13 (commencing with Section 22000). As a result of this merger, a Cash Balance Benefit Program will be provided under the State Teachers’ Retirement Plan and that program is set forth in this part. The governing board of a school district, community college district, or county office of education may, by formal action, elect to provide the benefits of the Cash Balance Benefit Program under this part for their employees. (Amended by Stats. 2015, Ch. 123, Sec. 27. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 1. General Provisions [26000 - 26004] SECTION 26000.5. Source version: id_5508b3f6-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=1.&article= An employer whose governing board has elected to provide the benefits of this part for its employees pursuant to Section 26000 shall enter into an agreement with the State Teachers’ Retirement System. The agreement shall specify the terms and conditions of the employer’s formal action to provide the Cash Balance Benefit Program and shall remain in effect unless or until the employer exercises the right to discontinue the program pursuant to Chapter 17 (commencing with Section 28100). (Amended by Stats. 2006, Ch. 655, Sec. 62. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 1. General Provisions [26000 - 26004] SECTION 26000.6. Source version: id_d1b77940-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=1.&article= (a) An election by any employer to provide the benefits of the Cash Balance Plan for their employees prior to the merger described in Section 26000 shall be deemed to constitute an election to provide the Cash Balance Benefit Program under the State Teachers’ Retirement Plan. (b) Participation in the Cash Balance Plan by any participant prior to the merger described in Section 26000 shall be deemed to constitute participation in the Cash Balance Benefit Program under the State Teachers’ Retirement Plan. (c) Any beneficiary under the Cash Balance Plan prior to the merger described in Section 26000 shall be deemed to be a beneficiary under the Cash Balance Benefit Program under the State Teachers’ Retirement Plan. (Added by Stats. 1998, Ch. 1048, Sec. 13. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 1. General Provisions [26000 - 26004] SECTION 26001. Source version: id_d1b8fee2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=1.&article= The design and administration of the plan, including the Cash Balance Benefit Program, shall comply with the applicable provisions of the Internal Revenue Code and the Revenue and Taxation Code. The Teachers’ Retirement Board may amend the plan to comply with the applicable federal laws and regulations to the extent permitted by law, to establish or revise the minimum interest rate, to declare additional earnings credit, to declare additional annuity credit, and to adopt and amend actuarial assumptions for all purposes under the plan. (Amended by Stats. 1998, Ch. 965, Sec. 229. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 1. General Provisions [26000 - 26004] SECTION 26002. Source version: id_d1b8fee4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=1.&article= The Cash Balance Benefit Program shall be administered by the Teachers’ Retirement Board with all of the powers, responsibilities and duties for administration of the plan set forth in Chapter 3 (commencing with Section 22200) through Chapter 7 (commencing with Section 22375) of Part 13. In administering the plan, the board and its officers and employees of the system shall exercise their fiduciary duties set forth in Chapter 4 (commencing with Section 22250) of Part 13. (Amended by Stats. 1998, Ch. 965, Sec. 230. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 1. General Provisions [26000 - 26004] SECTION 26002.5. Source version: id_7eead863-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=1.&article= Except as excluded in subdivision (d) of Section 26807.5 or subdivision (c) of Section 26906.5, a person who is the registered domestic partner of a member, as established pursuant to Section 297 or 299.2 of the Family Code, shall be treated in the same manner as a “spouse,” as defined in Section 26140. (Amended by Stats. 2015, Ch. 123, Sec. 28. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 1. General Provisions [26000 - 26004] SECTION 26003. Source version: id_d1b8fee6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=1.&article= If any provision of this part or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part are severable. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 1. General Provisions [26000 - 26004] SECTION 26004. Source version: id_54b2ad78-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=1.&article= Notwithstanding any other provision of law: (a) The benefits payable to any participant or beneficiary under this part shall be subject to the limitations imposed by Section 415 of Title 26 of the United States Code. (b) The amount of compensation that is taken into account in computing benefits under this part for a plan year shall not exceed the annual compensation limit applicable to that plan year in accordance with Section 401(a)(17) of Title 26 of the United States Code as that section read on the effective date of this section and as that section may be amended after that date. The determination of compensation for a 12-month period shall be subject to the annual compensation limit in effect for the calendar year in which the 12-month period begins. In a determination of average compensation over more than one 12-month period, the amount of compensation taken into account for each 12-month period shall be subject to the respective annual compensation limit applicable to that period. (c) Distributions from the plan under this part shall be made in accordance with Section 401(a)(9) of Title 26 of the United States Code, including the incidental death benefit requirements of Section 401(a)(9)(G) and the regulations thereunder. The required beginning date of benefit payments that represent the entire interest of the participant shall be as follows: (1) In the case of a lump-sum distribution of a retirement benefit, disability benefit, or termination benefit, the lump-sum payment shall be made not later than April 1 of the calendar year following the later of (A) the calendar year in which the participant attains the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or (B) the calendar year in which the participant terminates all employment subject to coverage by the plan. (2) In the case of a retirement benefit or disability benefit that is to be paid in the form of an annuity, payment of the annuity shall begin not later than April 1 of the calendar year following the later of (A) the calendar year in which the participant attains the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or (B) the calendar year in which the participant terminates employment in all positions subject to coverage by the plan, with the annuity to continue over the life of the participant or the life of the participant and the participant’s option beneficiary, or over a period not to exceed the life expectancy of the participant or the life expectancy of the participant and the participant’s option beneficiary. (3) In the case of a death benefit, distributions shall commence as follows: (A) The normal form of the benefit or other lump-sum distribution shall be paid in accordance with Section 401(a)(9) of Title 26 of the United States Code and the regulations thereunder. (B) Annuity payments shall commence as follows: (i) If the spouse is the sole beneficiary, not later than December 31 of the later of the calendar year in which the participant would have attained the age at which the Internal Revenue Code of 1986 requires a distribution of benefits or the calendar year following the calendar year of the participant’s death. (ii) If the spouse is not the sole beneficiary, not later than December 31 of the calendar year following the calendar year of the participant’s death. (d) If a person becomes entitled to a distribution from the plan under this part that constitutes an eligible rollover distribution within the meaning of Section 401(a)(31) of Title 26 of the United States Code, the person may elect under terms and conditions established by the board to have the distribution or a portion thereof paid directly to a plan that constitutes an eligible retirement plan within the meaning of Section 401(a)(31), as specified by that person. Upon the exercise of the election by a person with respect to a distribution or a portion thereof, the distribution from the plan of the amount so designated, once distributable under the terms of the plan, shall be made in the form of a direct rollover to the eligible retirement plan so specified. (e) The amount of any benefit from the plan under this part that is determined on the basis of actuarial assumptions shall be based on actuarial assumptions adopted by the board pursuant to Section 26213 as a plan amendment with respect to the Cash Balance Benefit Program and those assumptions shall preclude employer discretion and comply with Section 401(a)(25) of Title 26 of the United States Code. (Amended by Stats. 2024, Ch. 117, Sec. 6. (AB 2770) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26900. Source version: id_d1e9d3d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= A participant may apply to receive a disability benefit under this part at any time. (Amended by Stats. 1998, Ch. 965, Sec. 282. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26901. Source version: id_d1e9d3d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= Application for a disability benefit under this part shall be made by the participant, or the guardian or conservator of the participant, on a form prescribed by the system. (Amended by Stats. 1998, Ch. 965, Sec. 283. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26902. Source version: id_d1e9d3da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= (a) A disability benefit under this part shall become payable only upon determination by the board that the participant has a total and permanent disability. The board shall require current relevant medical reports by licensed practitioners, including the report of the treating physician, and may make any inquiries necessary to the determination of total and permanent disability. Failure of the participant, or the participant’s guardian or conservator, to provide any documents, complete any forms, or respond to any questions from the board within 45 days of the request may be cause for rejection of the application. (b) Upon determination by the board that the participant does not have a total and permanent disability, the application for disability benefit, and any designation of beneficiary for the benefit, shall be automatically canceled. (Amended by Stats. 1998, Ch. 965, Sec. 284. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26903. Source version: id_d1e9d3dc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= All creditable service subject to coverage by the Cash Balance Benefit Program and Defined Benefit Program shall be terminated prior to the disability date. (Amended by Stats. 1998, Ch. 965, Sec. 285. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26904. Source version: id_d1e9d3de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= The disability benefit is a benefit for total and permanent disability that is an amount equal to the sum of the employee account and the employer account as of the disability date. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26905. Source version: id_d1e9d3e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= The normal form of disability benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the participant, no further benefits shall be payable from the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 286. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26906. Source version: id_ebd7bd0e-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= (a) Upon application for a disability benefit under this part, the participant may elect to receive the disability benefit in the form of an annuity provided the sum of the employee account and employer account equals or exceeds three thousand five hundred dollars ($3,500). (b) If the participant elects to receive the disability benefit as an annuity, the participant shall elect one of the following forms of payment: (1) A single life annuity without a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the disability benefit in a lump-sum payment. This benefit shall be payable for the life of the participant. Upon the death of the participant, no other benefit shall be payable to any beneficiary under this part. (2) A single life annuity with a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the disability benefit in a lump-sum payment. This benefit shall be payable for the life of the participant and any balance remaining upon the death of the participant shall be payable in a lump sum to the participant’s beneficiary. (3) A 100-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the disability benefit in a lump-sum payment, modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, the monthly amount that was payable to the participant shall be paid monthly to the participant’s annuity beneficiary. However, if the annuity beneficiary predeceases the participant, the annuity payable to the participant shall be the single life annuity with a cash refund feature that would have been payable had the participant elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification, on a properly executed form, is received by the board, provided both the participant and the new designated annuity beneficiary are then living. The designation of the new annuity beneficiary under this paragraph shall be subject to an actuarial modification of the single life annuity with a cash refund feature and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (4) A 50-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the disability benefit in a lump-sum payment, modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, one-half of the monthly amount that was payable to the participant shall be paid monthly to the participant’s annuity beneficiary. However, if the annuity beneficiary predeceases the participant, the annuity payable to the participant shall be the single life annuity with a cash refund feature that would have been payable had the participant elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification, on a properly executed form, is received by the board, provided both the participant and the new designated annuity beneficiary are then living. The designation of the new annuity beneficiary under this paragraph shall be subject to an actuarial modification of the single life annuity with a cash refund feature and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the sum of balance of the employee account and the employer account on the date the disability benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the participant, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the participant’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the participant’s beneficiary pursuant to Section 27007. (c) Except as described in subdivision (c) of Section 26906.5, on or after January 1, 2007, a participant may not make a new election of an annuity described in subdivision (b). (Amended by Stats. 2017, Ch. 298, Sec. 25. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26906.5. Source version: id_f8f659c0-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= (a) Upon application for a disability benefit under this part, the participant may elect to receive the disabled benefit in the form of an annuity provided the sum of the employee account and employer account equals or exceeds three thousand five hundred dollars ($3,500). If the participant elects to receive the disability benefit as an annuity, the participant shall elect one of the following forms of payment: (1) Participant only annuity. This is a single life annuity with a cash refund feature that is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the disability benefit in a lump-sum payment. Upon the death of the participant, an amount equal to the remaining balance of the participant’s contributions and interest shall be paid in a lump sum to the participant’s beneficiary. (2) One hundred percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, 100 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (3) Seventy-five percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the annuity beneficiary is the participant’s spouse or former spouse who has been awarded a community property interest in the participant’s benefits under this part, the participant may not designate an annuity beneficiary under this annuity who is more than exactly 19 years younger than the participant. Upon the death of the participant, 75 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (4) Fifty percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, 50 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity that is equal to the actuarial equivalent of the balance of credits in the participant’s Cash Balance Benefit account on the date the disability benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the participant, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the participant’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the participant’s beneficiary pursuant to Section 27007. (b) If an annuity beneficiary designated pursuant to paragraph (2), (3), or (4) of subdivision (a) predeceases the participant, the annuity shall be paid to the participant as the participant only annuity described in paragraph (1) of subdivision (a) that would have been payable had the participant elected that form of payment at the commencement of the benefit. That participant only annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification is received by the board, provided both the participant and the new designated annuity beneficiary are then living. Notice to the board of the death of the annuity beneficiary shall be on a properly executed form provided by the system. The designation of the new annuity beneficiary under this paragraph is subject to an actuarial modification of the participant only annuity and may not result in any additional liability to the fund. (c) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse as described in paragraph (3) of subdivision (a) does not include the domestic partner of the participant pursuant to Section 7 of Title 1 of the United States Code. (d) If there is a determination of community property rights as described in Chapter 15 (commencing with Section 27400) of this part on or before December 31, 2006, the participant may elect the annuity that is required by the judgment or court order. Nothing in this part shall permit the participant to change the annuity to the detriment of the community property interest of the nonparticipant spouse. (Amended by Stats. 2017, Ch. 298, Sec. 26. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26906.6. Source version: id_a8f4b789-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= (a) A participant who is disabled and elected an annuity pursuant to Section 26906 may elect to change annuities, subject to all of the following: (1) A participant who elected a single life annuity with or without a cash refund feature or a period certain annuity may not change his or her annuity. (2) A participant who elected an annuity under paragraph (3) or (4) of subdivision (b) of Section 26906 may elect an annuity under paragraph (3) of subdivision (a) of Section 26906.5. (3) The election by the participant under this section is made on or after January 1, 2007, and prior to July 1, 2007. (4) The participant designates the same annuity beneficiary that was designated under the prior annuity elected by the participant, if the annuity and the annuity beneficiary designation were effective on December 31, 2006. (5) The annuity beneficiary is not afflicted with a known terminal illness and the participant declares, under penalty of perjury under the laws of this state, that to the best of his or her knowledge, the annuity beneficiary is not afflicted with a known terminal illness. (6) The annuity beneficiary has not predeceased the participant as of the effective date of the change in the annuity by the participant. (b) The change in the annuity by the participant shall be effective on the date the election is signed, provided that the election is on a properly executed form provided by the system and that election is received at the system’s headquarters office within 30 days after the date the election is signed. (c) After receipt of a participant’s election document, the system shall mail an acknowledgment notice to the participant that sets forth the new annuity elected by the participant. (d) If the participant and the annuity beneficiary are alive and not afflicted with a known terminal illness, a participant may cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the participant may elect to make a one-time change from the preexisting annuity to any other annuity provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change shall be made on a properly executed form provided by the system and shall be received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the participant elects to make the one-time change provided by this subdivision, the change shall be effective as of the participant’s signature date on the initial election to change. (e) If the system is unable to mail an acknowledgment notice to the participant on or before June 1, 2007, or prior to the end of the election period, provided that the participant and the annuity beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a participant to cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the participant may elect to make a one-time change from the preexisting annuity to any other annuity provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change may be made after the end of the election period if it is made on a properly executed form provided by the system and is received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the participant elects to make the one-time change provided by this subdivision, the change shall be effective as of the participant’s signature date on the initial election to change. (f) If the participant elects to change his or her annuity as described in subdivision (a) or (d), the participant’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) The participant shall not change annuities in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Amended by Stats. 2015, Ch. 123, Sec. 38. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26907. Source version: id_d1eb5984-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= The annuity under this chapter shall be determined as a value actuarially equivalent to the sum of the employee account and the employer account as of the disability date. The annuity shall be calculated using the age of the participant and, if the participant elected a joint and survivor option, the age of the beneficiary on the disability date. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26908. Source version: id_d1eb5986-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= Upon election of an annuity under this part, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve. (Amended by Stats. 1998, Ch. 965, Sec. 288. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26910. Source version: id_007bf316-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= (a) Except as provided in subdivision (b), the beneficiary under the joint and survivor option elected pursuant to paragraph (3) or (4) of subdivision (b) of Section 26906 or paragraph (2), (3), or (4) of subdivision (a) of Section 26906.5 shall be the person or trust designated by the participant on the application for a disability benefit under this part, and shall not be changed after the original disability date unless the beneficiary has predeceased the participant. (b) (1) A participant may change the annuity beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 26105.5. (B) The beneficiary of the trust is the same person as the previously named annuity beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (Amended by Stats. 2016, Ch. 559, Sec. 16. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 10. Disability Benefit [26900 - 26911] SECTION 26911. Source version: id_ce18fb5e-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=10.&article= If a participant who is receiving a disability annuity under this part becomes reemployed to perform creditable service subject to coverage by the Cash Balance Benefit Program or the Defined Benefit Program, the disability annuity shall be terminated. The participant’s employee account and employer account shall be credited with the actuarial equivalent of the participant’s annuity as of the date of reemployment and the Annuitant Reserve shall be reduced by the amount credited to those accounts. (Amended by Stats. 2013, Ch. 558, Sec. 55. (AB 1379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27000. Source version: id_d1ece02e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= The death benefit shall become payable to the beneficiary upon receipt of proof of the participant’s death. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27001. Source version: id_055bdfa2-e416-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= Notwithstanding Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code or any other provision of law to the contrary, the death benefit payable under the Cash Balance Benefit Program may be requested by the beneficiary and paid by the system as soon as practicable after the system receives proof of the participant’s death. (Amended by Stats. 2017, Ch. 298, Sec. 27. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27002. Source version: id_d1ece032-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= If the participant died prior to commencement of an annuity, the death benefit shall be an amount that is equal to the sum of the participant’s employee account and employer account. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27003. Source version: id_d1ece034-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= The normal form of death benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the beneficiary, no further benefits shall be payable from the plan with respect to the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 291. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27004. Source version: id_07429198-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= (a) A beneficiary, other than an entity except a trust as defined in Section 26106.5, may elect to receive the final benefit payable under the Cash Balance Benefit Program as an annuity payable in monthly installments provided that the sum of the employee account and the employer account that is payable to the beneficiary equals at least three thousand five hundred dollars ($3,500). (b) A beneficiary who elects to receive an annuity pursuant to this section shall elect a period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the sum of the balance of the employee account and the employer account on the date of the participant’s death. The annuity shall be payable in whole year increments over a period of years specified by the beneficiary, from a minimum of three years to a maximum of 10 years. However, the annuity period shall not exceed the life expectancy of the beneficiary of the trust that is beneficiary with respect to the trust’s interest in the plan. (c) The beneficiary may designate a payee to receive the remaining balance of payments if the beneficiary dies prior to the end of the period certain. Unless otherwise specified in the trust instrument, the trustee or beneficiary of the trust that is an annuity beneficiary is entitled to name a subsequent beneficiary if the trust is valid. If the trust is determined to be invalid or terminated, any election by the trustee pursuant to this subdivision shall be void and the beneficiary shall be entitled to exercise all rights provided to annuity beneficiaries under this part. (Amended by Stats. 2016, Ch. 559, Sec. 17. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27005. Source version: id_d1ece038-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= The annuity elected under this chapter shall be determined as a value actuarially equivalent to the sum of the participant’s employee account and employer account as of the date the death benefit becomes payable. The annuity shall be calculated using the age of the beneficiary on the date the benefit becomes payable. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27006. Source version: id_d1ee66da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= Upon the beneficiary’s election to receive the death benefit under this part in the form of an annuity, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve. (Amended by Stats. 1998, Ch. 965, Sec. 292. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27007. Source version: id_1203ecc4-e416-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= (a) If the participant died while receiving an annuity under this part, the death benefit shall be payable in accordance with the terms of the annuity elected by the participant. (b) Upon the death of a participant who elected a single life annuity with a cash refund feature under this part, any balance remaining in the participant’s employee account and employer account shall be payable in a lump sum to the beneficiary. (c) Upon the death of a participant who elected a single life annuity without a cash refund feature under this part, no death benefit shall be payable. (d) Upon the death of a participant who elected a joint and survivor annuity under this part, the annuity shall continue for life to the surviving beneficiary under the joint and survivor option. If the beneficiary under the joint and survivor option has predeceased the participant, no death benefit shall be payable. (e) Upon the death of a participant who elected a period certain annuity under this part prior to the completion of annuity payments due the participant, the remaining balance of payments shall be paid to the beneficiary designated by the participant pursuant to Section 27100. (1) If the beneficiary is a person, the remaining period certain annuity payments shall be made over the amount of time remaining in the period originally elected by the deceased member and shall be made in payments equal to the amount of the annuity payments previously received by the deceased member. (2) If the beneficiary is not a person, the remaining balance of period certain annuity payments shall be made in a lump-sum payment equal to the present value of the balance of payments due over the time remaining in the period originally elected by the deceased member. (Amended by Stats. 2017, Ch. 298, Sec. 28. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 11. Death Benefit [27000 - 27008] SECTION 27008. Source version: id_d1ee66de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=11.&article= Upon the death of a beneficiary who was receiving an annuity under this part due to the death of a participant, payment shall be made as follows: (a) Upon the death of a beneficiary under a joint and survivor option, no amount shall be payable. (b) Upon the death of a beneficiary who elected a single life annuity without a cash refund feature, no amount shall be payable. (c) Upon the death of a beneficiary who was receiving a period certain annuity, the actuarial equivalent of the remaining balance of payments shall be paid in a lump sum to the estate of the beneficiary unless the beneficiary designated a payee to receive the remaining balance of payments as provided in Section 27004. (Amended by Stats. 2001, Ch. 803, Sec. 49. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 12. Beneficiary [27100 - 27102] SECTION 27100. Source version: id_73679a9a-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=12.&article= A participant may at any time designate or change the designation of one or more primary beneficiaries and one or more contingent beneficiaries to receive any lump-sum death benefit that may be payable under the plan. The beneficiary shall be designated on a form prescribed by the system that is received by the system before the participant’s death. (Amended by Stats. 2022, Ch. 231, Sec. 4. (AB 1824) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 12. Beneficiary [27100 - 27102] SECTION 27100.5. Source version: id_4cd5a426-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=12.&article= A corporation, trust, charitable organization, parochial institution, or public entity may be designated as a beneficiary under this part, but shall not be designated as an annuity beneficiary, except a trust as defined in Section 26106.5. (Added by Stats. 2022, Ch. 231, Sec. 5. (AB 1824) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 12. Beneficiary [27100 - 27102] SECTION 27101. Source version: id_d1ee66e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=12.&article= In the event the participant dies without a valid beneficiary designation on file with the system, any lump-sum death benefit under this part shall be payable to the estate of the participant. (Amended by Stats. 1998, Ch. 965, Sec. 296. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 12. Beneficiary [27100 - 27102] SECTION 27102. Source version: id_d1ee66e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=12.&article= Part 5 (commencing with Section 220) of Division 2 of the Probate Code, when applicable, shall govern the distribution of any lump-sum death benefit payable under this part. In applying Part 5 (commencing with Section 220) of Division 2 of the Probate Code with respect to proceeds payable to a beneficiary, participation in the plan shall be considered as having the same status as an insurance policy issued after December 31, 1984. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 13. Termination Benefit [27200 - 27207] SECTION 27200. Source version: id_d1efed8a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=13.&article= Upon termination of all creditable service subject to coverage by the plan under this part and Part 13 (commencing with Section 22000) for any reason other than death, disability, or retirement, a participant may apply for a lump-sum termination benefit under this part which shall be an amount that is equal to the sum of the participant’s employee account and the employer account as of the date the termination benefit is paid. (Amended by Stats. 1998, Ch. 965, Sec. 297. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 13. Termination Benefit [27200 - 27207] SECTION 27201. Source version: id_75e03bbc-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=13.&article= (a) All creditable service subject to coverage by the Cash Balance Benefit Program and the Defined Benefit Program, which does not include retired member activities as defined in Section 22164.5 or retired participant activities as defined in Section 26135.7, shall terminate prior to application for a termination benefit under this part. (b) All employers with which the participant is employed to perform creditable service subject to coverage by the plan shall certify in a format prescribed by the system that the participant’s employment has been terminated unless the employment was terminated 12 months or more prior to the date the termination benefit application is received by the system. (Amended by Stats. 2022, Ch. 231, Sec. 6. (AB 1824) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 13. Termination Benefit [27200 - 27207] SECTION 27202. Source version: id_1ac1b6fd-0c93-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=13.&article= A participant shall apply for a termination benefit under this part on a form prescribed by the system. (Amended by Stats. 2019, Ch. 96, Sec. 24. (AB 644) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 13. Termination Benefit [27200 - 27207] SECTION 27203. Source version: id_d1efed90-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=13.&article= A participant may not apply for a termination benefit under this part if less than five years have elapsed following the date the most recent termination benefit was distributed to the participant. (Amended by Stats. 1998, Ch. 965, Sec. 300. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 13. Termination Benefit [27200 - 27207] SECTION 27204. Source version: id_f718ee72-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=13.&article= (a) The termination benefit under this part shall not be payable before 180 calendar days have elapsed following the date of termination of employment. (b) Except as provided in subdivision (c), the application for the termination benefit shall be automatically canceled if the participant performs creditable service within 180 calendar days following the date of termination of employment. (c) Subdivision (b) does not apply if the participant has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A participant who has reached this age shall receive a distribution commencing on the earlier of the date that the participant has met the conditions of subdivision (a) or the conditions of subdivision (c) of Section 26004. (Amended by Stats. 2020, Ch. 275, Sec. 23. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 13. Termination Benefit [27200 - 27207] SECTION 27205. Source version: id_d1efed94-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=13.&article= A participant may cancel the application for a termination benefit under this part at any time prior to distribution of the benefit. (Amended by Stats. 1998, Ch. 965, Sec. 302. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 13. Termination Benefit [27200 - 27207] SECTION 27206. Source version: id_d1efed96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=13.&article= No partial distribution shall be made from an employee account or employer account. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 13. Termination Benefit [27200 - 27207] SECTION 27207. Source version: id_d1f17438-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=13.&article= Upon distribution of the lump-sum payment to the participant under this part, no further benefits shall be payable from the plan under this part. (Amended by Stats. 1998, Ch. 965, Sec. 303. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 14. Distribution of Benefits [27300 - 27303.5] SECTION 27300. Source version: id_d1f1743c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=14.&article= (a) The plan’s obligations under this part to a participant or beneficiary who has applied for a benefit cease upon distribution of the lump-sum benefit. (b) Deposit in the United States mail of a warrant drawn as directed by the participant or beneficiary and addressed as directed by the participant or beneficiary constitutes distribution of the benefits under this part. (c) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant or beneficiary constitutes distribution of the benefits under this part. (d) If the participant or beneficiary has elected to transfer all or a specified portion of the lump-sum benefit that is eligible for direct trustee-to-trustee transfer to the trustee of an eligible retirement plan within the meaning of Section 401(a)(31) of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes distribution of the benefits under this part. (e) Distribution under subdivision (b), (c), or (d) pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the plan from liability for that payment under this part. (Amended by Stats. 1998, Ch. 965, Sec. 304. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 14. Distribution of Benefits [27300 - 27303.5] SECTION 27301. Source version: id_d1f1743e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=14.&article= (a) The plan’s obligations under this part to a participant or beneficiary who elected to receive a benefit in the form of an annuity, cease upon distribution of the final monthly payment of the annuity. (b) Deposit in the United States mail of a warrant drawn as directed by the participant or beneficiary and addressed as directed by the participant or beneficiary constitutes distribution of the benefit under this part. (c) Deposit in the United States mail of a notice that the requested electronic funds transfer has been made as directed by the participant or beneficiary constitutes distribution of the benefit under this part. (d) Distribution under subdivision (b) or (c) pursuant to the board’s determination in good faith of the existence, identity, or other facts relating to entitlement of persons constitutes a complete discharge and release of the board, system, and plan from liability for payments under this part. (Amended by Stats. 1998, Ch. 1048, Sec. 47. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 14. Distribution of Benefits [27300 - 27303.5] SECTION 27302. Source version: id_d1f2fae0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=14.&article= If a benefit payable under this part cannot be distributed because, after a good faith effort, the participant or beneficiary cannot be located, the balances in the participant’s employee account and employer account shall be forfeited by the participant or beneficiary, but if the participant or beneficiary thereafter submits a valid claim to the system the employee and employer accounts shall be reinstated and shall be credited with all applicable interest at the minimum interest rate and additional earnings credit amounts attributable to the period during which the forfeiture was in effect. (Amended by Stats. 1998, Ch. 965, Sec. 305. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 14. Distribution of Benefits [27300 - 27303.5] SECTION 27303. Source version: id_b8e17740-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=14.&article= Any overpayment to a participant or beneficiary under this part shall be deducted from any subsequent benefit payment that may be payable under the plan, except as provided in Section 27303.5. (Amended by Stats. 2010, Ch. 207, Sec. 27. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 14. Distribution of Benefits [27300 - 27303.5] SECTION 27303.5. Source version: id_19add926-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=14.&article= If an employer reports erroneous information, the system shall calculate the actuarial present value of the expected payments from the participant or beneficiary pursuant to Sections 22008 and 24617. The employer shall pay the difference between the total amount of the overpayment and the calculation of the actuarial present value of expected payments. (Added by Stats. 2010, Ch. 207, Sec. 28. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27400. Source version: id_1a0ddd95-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= (a) This chapter establishes the power of a court in a dissolution of marriage or legal separation action with respect to community property rights in benefits under this part and defines the rights of nonparticipant spouses in the Cash Balance Benefit Program. (b) For purposes of this chapter, the termination, dissolution, or nullity of a registered domestic partnership, or the legal separation of partners in a registered domestic partnership, as provided in Section 299 of the Family Code, shall be treated in the same manner as a dissolution of marriage or legal separation of a member and his or her spouse. (Amended by Stats. 2005, Ch. 418, Sec. 11. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27401. Source version: id_1a548387-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= (a) For purposes of this chapter, “nonparticipant spouse” means a participant’s spouse or former spouse who is being or has been awarded a community property interest in the benefits determined by reference to the amounts credited to a participant’s employee and employer accounts or the participant’s annuity. A nonparticipant spouse who is awarded separate nominal accounts is not a participant in the Cash Balance Benefit Program. A nonparticipant spouse who receives or is awarded an interest in a participant’s annuity is not a participant in the Cash Balance Benefit Program. (b) For purposes of this chapter, a participant’s registered domestic partner or former registered domestic partner who is being or has been awarded a community property interest in the benefits determined by reference to the amounts credited to a participant’s employee and employer accounts or the participant’s annuity shall be treated in the same manner as a nonparticipant spouse. (Amended by Stats. 2005, Ch. 418, Sec. 12. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27402. Source version: id_d1f4818a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= (a) Upon the legal separation or dissolution of marriage of a participant, the court shall include in the judgment or a court order the date on which the parties separated. (b) The court may order in the judgment or court order that the participant’s employee and employer credits in accounts which are attributable to periods of participation in the plan during the marriage be divided into separate nominal accounts in the name of the participant and the nonparticipant spouse, respectively. Any employee or employer account credits that are not explicitly awarded by the judgment or court order shall be deemed the exclusive property of the participant. (c) The determination of the court of the community property rights pursuant to this section shall be consistent with this chapter and shall address the rights of the nonparticipant spouse, including, but not limited to, retirement benefits, disability benefits, death benefits, or termination of the benefits of the participant. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27403. Source version: id_f7c3b298-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= The nonparticipant spouse who is awarded separate nominal accounts pursuant to Section 27402 is not a participant of the Cash Balance Benefit Program. The nonparticipant spouse is entitled only to rights and benefits explicitly established by this chapter. (Amended by Stats. 2004, Ch. 183, Sec. 61. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27404. Source version: id_d1f4818e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= The nonparticipant spouse is entitled to no benefits or rights from the separate nominal accounts except as otherwise provided in this chapter. However, this section shall not be construed to limit any right arising from the accounts of a nonparticipant with respect to the Cash Balance Benefit Program which exists because the nonparticipant spouse is employed to perform creditable service subject to coverage by the program. (Amended by Stats. 1998, Ch. 965, Sec. 309. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27405. Source version: id_5b9aae0a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= Upon the legal separation or dissolution of marriage of a participant, the court may include in the judgment or court order a determination of the community property rights of the parties in the participant’s annuity consistent with this section. Upon election under subparagraph (B) of paragraph (3) of subdivision (a) of Section 2610 of the Family Code, the court order awarding the nonparticipant spouse a community property share in the benefits of a participant receiving an annuity shall be consistent with this section. (a) If the court does not award the entire annuity to the participant and the participant is receiving an annuity under paragraph (1) or (2) of subdivision (b) of Section 26807 or paragraph (1) of subdivision (a) of Section 26807.5, the court shall require only that the system pay from the plan the nonparticipant spouse, by separate warrant, his or her community property share of the participant’s annuity, or the option beneficiary’s annuity or both. (b) The nonparticipant spouse may designate a beneficiary to receive his or her community property share of the participant’s annuity. (Amended by Stats. 2006, Ch. 655, Sec. 80. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27406. Source version: id_b9fe58f2-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= The nonparticipant spouse who is awarded separate nominal accounts with respect to the Cash Balance Benefit Program shall have the right to a lump-sum distribution of amounts credited to the account. (a) The nonparticipant spouse shall file an application on a form provided by the system to obtain the distribution. (b) The distribution is effective when the system deposits in the United States mail a warrant drawn in favor of the nonparticipant spouse and addressed to the latest address for the nonparticipant spouse on file with the system. (c) If the nonparticipant spouse has elected on a form provided by the system to transfer all or a specified portion of the accounts that are eligible for direct trustee-to-trustee transfer under Section 401(a)(31) of Title 26 of the United States Code to the trustee of a qualified plan under Section 402 of Title 26 of the United States Code, deposit in the United States mail of a notice that the requested transfer has been made constitutes a distribution of the nonparticipant spouse’s credit balance from the separate nominal accounts. This subdivision shall not apply to a nonparticipant partner consistent with Section 402 of the Internal Revenue Code. (d) The nonparticipant spouse is deemed to have permanently waived all rights to an annuity when the distribution becomes effective. (e) The nonparticipant spouse may not cancel a distribution after the distribution is effective. (f) The nonparticipant spouse shall have no right to elect to redeposit the distribution after the distribution is effective. (Amended by Stats. 2010, Ch. 207, Sec. 29. (AB 2260) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27407. Source version: id_d1f60834-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= No judgment or court order issued pursuant to this chapter is binding on the plan with respect to the Cash Balance Benefit Program until the plan has been joined as a party to the action and has been served with a certified copy of the judgment or court order. (Amended by Stats. 1998, Ch. 965, Sec. 311. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27408. Source version: id_5be3ec0c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= (a) Sections 26107, 26700, 26802, 26806, 27000, 27002, paragraphs (1) of subdivision (b) of Section 26807, and paragraphs (1) and (5) of subdivision (a) of Section 26807.5 shall apply to a nonparticipant spouse as if she or he were a participant. (b) Notwithstanding subdivision (a), this section shall not be construed to establish any right for the nonparticipant spouse that is not explicitly established in Sections 27400 to 27405, inclusive, and Sections 27409 to 27412, inclusive. (Amended by Stats. 2006, Ch. 655, Sec. 81. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27409. Source version: id_d1f60838-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= Upon being awarded separate nominal accounts or an interest in the annuity of a participant, a nonparticipant spouse shall provide the system with proof of his or her date of birth, social security number, and any other information requested by the system, in the form and manner requested by the system. (Amended by Stats. 1998, Ch. 1048, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27410. Source version: id_5c2d511e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= (a) The nonparticipant spouse who is awarded separate nominal accounts shall have the right to designate, pursuant to Sections 27100 to 27102, inclusive, a beneficiary or beneficiaries to receive the amounts credited to the separate nominal accounts of the nonparticipant spouse on his or her date of death, and any annuity attributable to the separate nominal accounts which is unpaid on the date of the death of the nonparticipant spouse. (b) This section shall not be construed to provide the nonparticipant spouse with any right to elect a joint and survivor annuity pursuant to paragraphs (3) and (4) of subdivision (b) of Section 26807 or subdivision (a) of Section 26807.5. (Amended by Stats. 2006, Ch. 655, Sec. 82. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27411. Source version: id_5c797550-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= The nonparticipant spouse who is awarded a separate nominal account under this part shall have the right to an annuity pursuant to paragraph (1) or (5) of subdivision (a) of Section 26807.5. (a) The nonparticipant spouse shall be eligible for an annuity if the following conditions are satisfied: (1) The nonparticipant spouse has at least three thousand five hundred dollars ($3,500) in his or her separate nominal accounts. (2) The nonparticipant spouse has attained the age of 55 years or more. (b) An annuity of a nonparticipant spouse shall become effective upon any date designated by the nonparticipant spouse, provided: (1) The requirements of subdivision (a) are satisfied. (2) The nonparticipant spouse has filed an application for an annuity on a properly executed form provided by the system, which is executed no earlier than 90 days before the effective date of the annuity. (Amended by Stats. 2006, Ch. 655, Sec. 83. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27412. Source version: id_d1f6083e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= The system shall include the contribution and earnings credits awarded to a nonparticipant spouse in the judgment or court order to determine the eligibility of a participant for an annuity. (Amended by Stats. 1996, Ch. 608, Sec. 55. Effective September 19, 1996. Applicable from July 1, 1996, pursuant to Sec. 58 of Ch. 608.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 15. Community Property [27400 - 27413] SECTION 27413. Source version: id_d1f60840-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=15.&article= It is the intent of the Legislature to abolish any application of the terminable interest doctrine in California relating to the division of public retirement benefits of a participant in the event of dissolution of marriage or death if the division is made under this chapter. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 16. Military Services [28000 - 28006] SECTION 28000. Source version: id_0e2b5e1a-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=16.&article= (a) The Legislature hereby finds and declares its intent to preserve and protect the rights of reemployed participants who have been absent from a position of employment covered by the Cash Balance Benefit Program to serve in the uniformed services of the United States in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code). (b) The plan shall comply with Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, as that chapter may be amended from time to time. (c) The term “service in the uniformed services,” for purposes of determining plan vesting, eligibility for membership, and accrual of benefits, means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, a period for which a participant is absent from a position of employment for the purpose of an examination to determine the fitness of the participant to perform any such duty, and the period of time following the actual service in the uniformed service through the last day a member is eligible to report back to work or to apply for reemployment as specified under Section 1002.259 of Title 20 of the Code of Federal Regulations. (d) The term “uniformed services” means the Armed Forces of the United States of America, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the United States Public Health Service, and any other category of persons designated by the President in time of war or emergency. (e) No entitlement of the right to contribute toward credits under the Cash Balance Benefit Program pursuant to this chapter by the participant as a result of service in the uniformed services shall accrue if the participant does not return to employment with the same employer or employers which employed the participant immediately prior to the eligible period of service in the uniformed services as prescribed in Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code. (Amended by Stats. 2016, Ch. 218, Sec. 46. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 16. Military Services [28000 - 28006] SECTION 28001. Source version: id_1511e0ac-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=16.&article= (a) The participant who returns to employment with the same employer which had employed the participant immediately prior to the eligible period of service in the uniformed services, in accordance with the requirements of Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, shall be treated as not having incurred a break in the performance of creditable service by reason of that participant’s period or periods of service in the uniformed services. The length of each period of service in the uniformed services shall not exceed five years unless otherwise permitted pursuant to Section 28004. Each period of service in the uniformed services by the participant shall, upon that participant’s return to employment with the same employer or employers which had employed the participant immediately prior to the eligible period of service in the uniformed services, constitute employment toward the performance of creditable service provided that participant elects to remit the employee contributions that would have been made during the period of service in the uniformed services. The remittance of employee contributions shall be calculated pursuant to Sections 26501 and 28003. In no event shall that remittance exceed the amount the participant would have been required to contribute during that period of performance of creditable service had the participant remained continuously employed by the last employer and not served in the uniformed services throughout that period. (b) Notwithstanding Section 26506, remittance of employee contributions in accordance with subdivision (a) shall be made by the employer pursuant to Section 26502 upon the employer’s receipt of written consent of the participant specifying a schedule of repayments. That remittance shall commence during the period beginning with the date of return to employment and may continue for three times the period of the participant’s eligible period of service in the uniformed services, not to exceed five years. The plan’s receipt of the remittance payments to the plan with respect to the Cash Balance Benefit Program shall be credited pursuant to Chapter 7 of this part. Contributions, interest, and additional earnings credits the participant would have earned had the participant remained continuously employed during the period of eligible service in the uniformed services shall be credited to employee and employer accounts retroactively upon receipt of the employee contributions. Upon receipt of the remittance payments to the plan, the payments shall be subject to the same terms and conditions under the program as if the payments had been employee contributions made by the participant had the participant not served for a period in the uniformed services. In no event shall the current year contributions and contributions made for purposes of purchasing service exceed the maximum exclusion allowance as set forth in the Internal Revenue Code. (Amended by Stats. 2016, Ch. 218, Sec. 47. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 16. Military Services [28000 - 28006] SECTION 28002. Source version: id_1bf221ae-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=16.&article= (a) Except as provided in subdivision (b), an employer reemploying a participant with service subject to the requirements of Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code, shall be liable to remit the employer contributions provided that employer employed the participant immediately prior to the eligible period of service in the uniformed services. The contribution rate by the employer shall be to the same extent as that for contributions to the Cash Balance Benefit Program for other employees during the same period. In addition to contributions due pursuant to this subdivision, the employer shall remit an amount that is the equivalent of the full cost of any interest and additional earnings credits credited pursuant to Section 28001. The employer shall provide information regarding the reemployment of a participant who is subject to Chapter 43 (commencing with Section 4301) of Title 38 of the United States Code on a form prescribed by the system within 30 days of the date of reemployment. Following receipt of that notice, the system shall calculate in accordance with Section 28003 the total amount of employer contributions due for the participant for the full period of service in the uniformed services. Within 60 working days of notification by the plan of amount due, the employer shall remit to the plan all employer contributions. (b) The employer shall not be liable for employer contributions for the period of service in the uniformed services if the participant elects not to remit the employee contributions for that period through the employer as required under Section 28001. In the event the participant does not remit all of the employee contributions within the prescribed repayment period, the total amount of the employer contributions that were remitted for that period shall be adjusted pursuant to Section 26302. (Amended by Stats. 2016, Ch. 218, Sec. 48. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 16. Military Services [28000 - 28006] SECTION 28003. Source version: id_d1f9158a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=16.&article= For purposes of calculating the employer’s liability under Section 28002 or the required employee contributions under Section 28001, the participant’s salary during that period shall be computed as follows: (a) The salary the participant would have received with the employer for the eligible period of service in the uniformed services. (b) In the event that salary is not reasonably certain, the contributions shall be based on the participant’s average salary with the employer during the 12-month period immediately preceding the eligible period of service in the uniformed services or, if shorter, the contributions shall be based on the participant’s average salary for the period of employment immediately preceding that period. (Added by Stats. 1996, Ch. 680, Sec. 3. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 16. Military Services [28000 - 28006] SECTION 28004. Source version: id_d1f9158c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=16.&article= A participant who is absent from a position of employment subject to the Cash Balance Benefit Program due to that participant’s service in the uniformed services, shall not be entitled to obtain the right to contribute toward credits under the plan in excess of five years of service in the uniformed services, except for the following reasons: (a) The participant is required to serve beyond five years to complete an initial period of obligated service in the uniformed services; (b) The participant was unable to obtain orders releasing the participant from a period of service in the uniformed services before the expiration of the five-year period and that inability was through no fault of the participant; (c) The participant served in the uniformed services as required pursuant to Section 270 of Title 10, under Section 502(a) or 503 of Title 32 of the United States Code, or to fulfill additional training requirements determined and certified in writing by the Secretary of Defense, to be necessary for professional development, or for completion of skill training or retraining; or (d) The participant is: (1) Ordered to or retained on active duty under Section 672(a), 672(g), 673, 673b, 673c, or 688 of Title 10 or under Section 331, 332, 359, 360, 367, or 712 of Title 14 of the United States Code. (2) Ordered to or retained on active duty, other than for training, under any provision of law during a war or during a national emergency declared by the President or the Congress. (3) Ordered to active duty, other than for training, in support, as determined by the secretary concerned, of an operational mission for which personnel have been ordered to active duty under Section 673b of Title 10 of the United States Code. (4) Ordered to active duty in support, as determined by the secretary concerned, of a critical mission or requirement of the uniformed services. (5) Called into federal service as a participant of the National Guard under Chapter 15 of Title 10 or under Section 3500 or 8500 of Title 10 of the United States Code. (Amended by Stats. 1998, Ch. 965, Sec. 317. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 16. Military Services [28000 - 28006] SECTION 28005. Source version: id_d1f9158e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=16.&article= A participant’s entitlement to the right to contribute toward credits under the Cash Balance Benefit Program pursuant to this chapter by reason of the service in the uniformed services terminates upon the occurrence of any of the following events: (a) A separation of the participant from the uniformed service with a dishonorable or bad conduct discharge. (b) A separation of the participant from the uniformed service under other than honorable conditions, as characterized pursuant to regulations prescribed by the secretary concerned. (c) A dismissal of the participant permitted under Section 1161(a) of Title 10 of the United States Code. (d) A dropping of the participant from the rolls pursuant to Section 1161(b) of Title 10 of the United States Code. (Amended by Stats. 1998, Ch. 965, Sec. 318. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 16. Military Services [28000 - 28006] SECTION 28006. Source version: id_d1f91590-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=16.&article= No provision of this chapter shall apply to the extent it would require any action to be taken that would cause the plan or its members to incur adverse tax consequences under the Internal Revenue Code of 1986 (Title 26 of the United States Code). (Added by Stats. 1996, Ch. 680, Sec. 3. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 17. Discontinuation of Plan [28100 - 28101] SECTION 28100. Source version: id_d1fac344-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=17.&article= (a) The employer may discontinue providing the Cash Balance Benefit Program at anytime in accordance with the terms and conditions of the employer’s governing board’s formal action to provide the program. (b) The employer shall notify the system of the decision to discontinue the plan no less than 90 calendar days prior to the effective date of discontinuance. Such notice shall be submitted on a form prescribed by the system. (Amended by Stats. 1998, Ch. 1048, Sec. 50. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 17. Discontinuation of Plan [28100 - 28101] SECTION 28101. Source version: id_d1fac346-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=17.&article= (a) Upon discontinuation of the Cash Balance Benefit Program by the employer, the system will hold the employee and employer accounts for the benefit of the participant. The participant is immediately vested in both employee and employer accounts including accrued interest. (b) Both employee and employer accounts will continue to be credited with interest at the minimum interest rate so long as there is an undistributed balance in such accounts. (Amended by Stats. 1998, Ch. 1048, Sec. 51. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26100. Source version: id_d1ba858c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= Unless otherwise specified, the definitions set forth in this chapter govern the construction of this part. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26101. Source version: id_d1ba858e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Actuarial equivalent” means a benefit that has the same present value as the benefit it replaces based on interest rates and mortality tables recommended by the actuary and adopted by the board as a plan amendment. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26102. Source version: id_d1ba8590-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Actuary” means a person professionally trained in the technical and mathematical aspects of insurance, pensions, and related fields who has been appointed by the board for the purpose of actuarial services required under this part. (Amended by Stats. 1998, Ch. 965, Sec. 231. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26103. Source version: id_d1ba8592-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Additional earnings credit” means a percentage determined by the board for a plan year by means of a plan amendment and credited to employee accounts and employer accounts on a specified date. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26104. Source version: id_d1ba8594-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Administrative costs” means the costs of administering the Cash Balance Benefit Program for the plan year as determined by the board. (Amended by Stats. 2000, Ch. 1025, Sec. 38. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26105. Source version: id_d1ba8596-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Annuitant Reserve” means the reserve account established by the board within the State Teachers’ Retirement Fund for the payment of monthly annuities with respect to the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 1048, Sec. 15. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26106. Source version: id_d1ba8598-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Annuity” means an amount of money payable in monthly installments for a period determined by the option elected by the participant or beneficiary. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26106.5. Source version: id_e177fc34-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) For purposes of this part, “annuity beneficiary” means the person or trust designated by a participant pursuant to Section 26807, 26807.5, 26906, or 26906.5 to receive an annuity upon the participant’s death. (b) For purposes of this section, “trust” means an irrevocable trust with the following characteristics: (1) The trust satisfies the requirements of subparagraph (A) or (C) of paragraph (4) of subdivision (d) of Section 1396p of Title 42 of the United States Code. (2) The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations. (3) The trust, or the account in a pooled trust, is for the sole benefit of a single beneficiary and other beneficiaries to the trust, if any, are successor beneficiaries. (4) The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the participant’s benefit shall be considered the designated beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the program. (Added by Stats. 2016, Ch. 559, Sec. 13. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26107. Source version: id_75c7ad43-fccf-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Basis of employment” means the standard of time over which the employer expects service to be performed by an employee in the position during the school term. (Amended by Stats. 2018, Ch. 416, Sec. 26. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26108. Source version: id_d1ba859c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Beneficiary” means any person or persons or entity designated by the participant pursuant to this part or otherwise entitled by law to receive the death benefit under the plan. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26109. Source version: id_d1ba859e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Board” means the Teachers’ Retirement Board. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26112. Source version: id_d1bc0c40-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Cash Balance Benefit Program” means the benefit program set forth in this part of the State Teachers’ Retirement Law. (Amended by Stats. 1998, Ch. 1048, Sec. 17. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26112.5. Source version: id_d1bc0c42-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) “Class of employees” means a number of employees considered as a group because they are employed to perform similar duties, are employed in the same type of program, or share other similarities related to the nature of the work being performed. (b) A class of employees may be comprised of one person if no other person employed by the employer performs similar duties, is employed in the same type of program, or shares other similarities related to the nature of the work being performed and that same class is in common use among other employers. (c) The board shall have the right to override the determination by an employer as to whether or not a group or an individual constitutes a “class of employees” within the meaning of this section. (d) This section shall be deemed to have become operative on July 1, 1996. (Added by Stats. 1996, Ch. 1165, Sec. 37. Effective January 1, 1997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26113. Source version: id_6e7e95b6-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) “Creditable service” means any of the activities described in subdivision (b) performed for any of the following employers: (1) A prekindergarten through grade 12 employer in a position with certification qualifications authorized by the Commission on Teacher Credentialing pursuant to Section 44001. (2) A community college employer by a faculty member, as defined in Section 87003, in an academic position, as defined in subdivision (b) of Section 87001, or by an educational administrator, as defined in subdivision (b) of Section 87002, subject to the appropriate minimum standards adopted by the Board of Governors of the California Community Colleges pursuant to Section 87356, or pursuant to a contract between a community college district and the United States Department of Defense to provide vocational training. (3) A charter school employer under the provisions of an approved charter for the operation of a charter school for which the charter school is eligible to receive state apportionment. (b) The types of activities are any of the following: (1) The work of teachers, instructors, district interns, and academic employees employed in the instructional program for pupils, including special programs such as adult education, regional occupational programs, childcare centers, and prekindergarten programs pursuant to Section 22161. (2) Education or vocational counseling, guidance, and placement services. (3) The work of employees who plan courses of study to be used in California public schools, or research connected with the evaluation or efficiency of the instructional program. (4) The selection, collection, preparation, classification, demonstration, or evaluation of instructional materials of any course of study for use in the development of the instructional program in California public schools, or other services related to California public school curriculum. (5) The examination, selection, in-service training, mentoring, or assignment of teachers, principals, or other similar personnel involved in the instructional program. (6) The work of nurses, physicians, speech therapists, psychologists, audiologists, and other California public school health professionals. (7) Services as a California public school librarian. (8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils. (9) The work of employees who are responsible for the supervision of persons or administration of the duties described in this subdivision. (c) “Creditable service” also means any of the activities described in subdivision (b) when they are performed for an employer by: (1) Superintendents of California public schools, and presidents and chancellors of community college employers. (2) Consulting teachers employed by an employer to participate in the California Peer Assistance and Review Program for Teachers pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2. (3) Audiometrists who hold a certificate of registration issued by the State Department of Health Care Services. (d) “Creditable service” also means the performance of California public school activities related to, and an outgrowth of, the instructional and guidance program of the California public school when performed for the same employer for which the member is performing any of the activities described in subdivision (b) or (c). (e) “Creditable service” also means trustee service as defined in Section 26144.5, if eligible pursuant to Section 26403. (f) The board shall have final authority for determining creditable service to cover activities not already specified. (Amended by Stats. 2022, Ch. 231, Sec. 2. (AB 1824) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26114. Source version: id_d1bc0c46-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Death benefit” means the benefit payable under this part upon the death of the participant. (Amended by Stats. 1998, Ch. 1048, Sec. 18. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26115. Source version: id_d1bc0c48-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Defined Benefit Program” means the Defined Benefit Program of the State Teachers’ Retirement Plan as set forth in Part 13 (commencing with Section 22000). (Amended by Stats. 1998, Ch. 1048, Sec. 19. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26116. Source version: id_566eac9c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Disability benefit” means an amount payable under this part for permanent and total disability that is equal to the sum of the participant’s employee account and employer account as of the disability date and is payable pursuant to Section 26905, 26906, or 26906.5. (Amended by Stats. 2006, Ch. 655, Sec. 65. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26117. Source version: id_d1bc0c4c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Disability date” means the date the benefit becomes payable to a participant who has applied for a disability benefit from the plan under this part and has been determined to have a total and permanent disability. (Amended by Stats. 1998, Ch. 965, Sec. 233. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26118. Source version: id_d1bd92ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Employee” means a person engaged to perform creditable service. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26119. Source version: id_d1bd92f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Employee account” means the nominal account of the participant to which employee contributions and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 234. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26120. Source version: id_d1bd92f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Employee contribution rate” means the percentage of the participant’s salary withheld by the employer as an employee contribution under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 235. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26121. Source version: id_d1bd92f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Employee contribution” means the amount withheld from the participant’s salary by the employer as a contribution by the employee under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 236. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26122. Source version: id_9f03f39e-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) “Employer” means a school district, community college district, or county office of education that has elected to provide the benefits of this part to persons employed to perform creditable service. “Employer” shall not include the state. (b) The board shall have final authority for determining an “employer” for purposes of this part. (Amended by Stats. 2025, Ch. 239, Sec. 9. (SB 853) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26123. Source version: id_d1bf1998-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Employer account” means the nominal account of the participant in which employer contributions on behalf of the participant and interest and any additional earnings credits in respect thereof are credited under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 237. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26124. Source version: id_d1bf199a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Employer contribution rate” means the percentage of salary that determines the amount the employer contributes to the Cash Balance Benefit Program with respect to each employee who is a participant. (Amended by Stats. 1998, Ch. 965, Sec. 238. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26125. Source version: id_d1bf199c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Employer contribution” means the amount contributed by the employer to the Cash Balance Benefit Program with respect to the participant. (Amended by Stats. 1998, Ch. 965, Sec. 239. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26126. Source version: id_d1bf199e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Employed” or “employment” means employed to perform creditable service subject to coverage under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 240. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26127. Source version: id_9930c555-fccf-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Full time equivalent” means the days or hours of creditable service that a person who is employed on a part-time basis would be required to perform in a school term if he or she were employed full time, as defined by Section 22138.5, in that position. (Amended by Stats. 2018, Ch. 416, Sec. 27. (SB 1165) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26128. Source version: id_d1bf19a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Fund” means the Teachers’ Retirement Fund. (Amended by Stats. 1998, Ch. 1048, Sec. 21. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26129. Source version: id_d1bf19a4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Gain and Loss Reserve” means the reserve account established by the board within the fund with respect to the Cash Balance Benefit Program to be drawn upon to the extent necessary to credit interest to employee accounts and employer accounts at the minimum interest rate during years in which the plan’s investment earnings with respect to the Cash Balance Benefit Program are not sufficient for that purpose, and where necessary, to provide additions to the Annuitant Reserve for monthly annuity payments. (Amended by Stats. 1998, Ch. 1048, Sec. 22. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26130. Source version: id_d1bf19a6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Investment earnings” means income received or receivable during the plan year by the plan from investment of employee contributions, employer contributions, and prior investment earnings. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26131. Source version: id_d1c0a048-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Minimum interest rate” means the annual rate determined for the plan year by the board by means of an amendment to the plan with respect to the Cash Balance Benefit Program in accordance with applicable federal laws and regulations. (Amended by Stats. 1998, Ch. 965, Sec. 242. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26132. Source version: id_86b21e07-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Participant” means a person who has performed creditable service subject to coverage by the Cash Balance Benefit Program and who has contributions credited under the Cash Balance Benefit Program or is receiving an annuity under the Cash Balance Benefit Program by reason of creditable service or has not yet met the conditions of subdivision (b) of Section 26806. (Amended by Stats. 2015, Ch. 123, Sec. 29. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26132.5. Source version: id_70d0ef60-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) “Participant subject to the California Public Employees’ Pension Reform Act of 2013” means, notwithstanding subdivision (f) of Section 7522.04 of the Government Code, a person who first becomes employed to perform creditable service subject to coverage under the Cash Balance Benefit Program on or after January 1, 2013. (b) A participant as defined in subdivision (a) does not include a person who was a member on or before December 31, 2012, of the California Public Employees’ Retirement System, the Legislators’ Retirement System, the University of California Retirement System, county retirement systems established under Chapter 3 (commencing with Section 31450) of Part 3 of Division 4 of Title 3 of the Government Code, or the San Francisco Employees’ Retirement System, and the person performed service in the other retirement system within the six months prior to the commencement of creditable service under the Cash Balance Benefit Program. (c) This section shall be deemed to have become operative on January 1, 2013. (Added by Stats. 2013, Ch. 559, Sec. 33. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26133. Source version: id_d1c0a04c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Pay period” means a payroll period specified by the employer but not more than 31 calendar days. (Amended by Stats. 1998, Ch. 965, Sec. 244. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26134. Source version: id_d1c0a04e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Plan” means the State Teachers’ Retirement Plan. (Amended by Stats. 1998, Ch. 1048, Sec. 23. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26135. Source version: id_d1c0a050-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Plan year” means the calendar, policy, or fiscal year on which the records of the plan are kept, with respect to the Cash Balance Benefit Program. The board by means of plan amendment shall determine the plan year. (Amended by Stats. 1999, Ch. 939, Sec. 77. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26135.5. Source version: id_7356fe02-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Public employer” means a public employer as defined by subdivision (i) of Section 7522.04 of the Government Code. (Added by Stats. 2013, Ch. 559, Sec. 34. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26135.7. Source version: id_8a879009-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) “Retired participant activities” means one or more activities identified in subdivision (b), (c), or (d) of Section 22119.5 or (b), (c), or (d) of Section 26113 within the California public school system and performed by a participant retired for service under this part as one of the following: (1) An employee of an employer. (2) An employee of a third party, except as specified in subdivision (b). (3) An independent contractor. (b) The activities of an employee of a third party shall not be included in the definition of “retired participant activities” if all of the following conditions apply: (1) The employee performs an assignment of 24 months or less. (2) The third-party employer does not participate in a California public pension system. (3) The activities performed by the individual are not normally performed by employees of an employer, as defined in Section 22131. (Amended by Stats. 2015, Ch. 782, Sec. 11. (AB 963) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26136. Source version: id_d1c0a052-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Retirement” means termination of employment and completion of all conditions precedent to receiving a retirement benefit under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 245. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26137. Source version: id_56b94a2e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Retirement benefit” means an amount payable under this part in the event of the participant’s retirement for service that is equal to the sum of the participant’s employee account and employer account as of the retirement date and that is payable pursuant to Section 26806, 26807, or 26807.5. (Amended by Stats. 2006, Ch. 655, Sec. 66. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26138. Source version: id_d1c226f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Retirement date” means the date the benefit under this part becomes payable to a participant who has applied for a retirement benefit from the plan under this part. (Amended by Stats. 1998, Ch. 965, Sec. 246. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26139. Source version: id_c1f168ce-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) “Salary” means remuneration paid in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program. Salary shall include: (1) Money paid in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule, based on years of training and years of experience as specified in Section 45028 for creditable service performed. (2) For participants not paid according to a salary schedule, money paid for creditable service performed in accordance with a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement. (3) Money paid for the participant’s absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b). (4) Employee contributions picked up by an employer pursuant to Section 26502. (5) Amounts deducted by an employer from the participant’s salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code. (6) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed. (7) Any other payments the board determines by plan amendment to be “salary.” (b) “Salary” does not mean and shall not include: (1) Money paid for service that is not creditable service. (2) Money paid by an employer in addition to salary paid under paragraph (1) or (2) if not paid to all employees in a class in the same dollar amount, the same percentage of salary, or the same percentage of the amount being distributed. (3) Fringe benefits provided by an employer. (4) Expenses paid or reimbursed by an employer. (5) Money paid in exchange for the relinquishment of unused accumulated leave. (6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary or wages to a participant as compensatory damages or as a compromise settlement. (7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code that are purchased by an employer for a participant. (8) Any payments determined by the system to have been made by an employer to enhance a participant’s benefits. (9) Any other payments the board determines by plan amendment not to be “salary.” (c) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (a) or (b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section. (d) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (e) This section shall be deemed to have become operative on July 1, 1996. (f) This section shall not apply to a participant subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 36. (AB 1381) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26139.5. Source version: id_8e10b6cb-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) “Salary,” for participants subject to the California Public Employees’ Pension Reform Act of 2013, means remuneration paid each pay period in cash by an employer to a participant for creditable service performed in that position subject to coverage under the Cash Balance Benefit Program in accordance with a publicly available written contractual agreement, including, but not limited to, a salary schedule or employment agreement, based on years of training and years of experience as specified in Section 45028. Salary shall include: (1) Money paid for the participant’s absence from performance of creditable service as approved by an employer, except as provided in paragraph (5) of subdivision (b). (2) Employee contributions picked up by an employer pursuant to Section 26502. (3) Amounts deducted by an employer from the participant’s salary, including, but not limited to, deductions for participation in a deferred compensation plan; deductions for the purchase of an annuity contract, tax-deferred retirement plan, or other insurance program; and deductions for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code. (4) Any other payments the board determines by plan amendment to be “salary.” (b) “Salary” does not mean and shall not include: (1) Money paid for service that is not creditable service. (2) Money not paid each pay period in which creditable service is performed for that position. (3) Fringe benefits provided by an employer. (4) Expenses paid or reimbursed by an employer. (5) Money paid in exchange for the relinquishment of unused accumulated leave. (6) Severance pay, including lump-sum and installment payments, or money paid in excess of salary to a participant as compensatory damages or as a compromise settlement. (7) Payments, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement program, or other insurance program; and for participation in a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code that are purchased by an employer for a participant. (8) Any payments determined by the system to have been made by an employer to enhance a participant’s benefits under the plan. (9) Money paid to the participant in lieu of benefits provided to the participant by the employer or paid directly by the employer to a third party other than the system for the benefit of the participant. (10) Any one-time or ad hoc payments made to a participant. (11) Any employer-provided allowance, reimbursement, or payment, including, but not limited to, one made for housing, vehicle, or uniform. (12) Any bonus paid in addition to compensation described in subdivision (a). (13) Any other payments the board determines by plan amendment not to be “salary.” (c) (1) Salary in any fiscal year shall not exceed: (A) One hundred twenty percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a participant whose service is not included in the federal system. (B) One hundred percent of the “contribution and benefit base,” as determined under Section 430(b) of the Social Security Act (42 U.S.C. Sec. 430(b)), on January 1, 2013, for a participant whose service is included in the federal system pursuant to any changes in state or federal law enacted on or after January 1, 2013. (2) The system shall adjust the limit based on the annual changes to the Consumer Price Index for All Urban Consumers: U.S. City Average, calculated by dividing the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February in the fiscal year preceding the adjustment by the Consumer Price Index for All Urban Consumers: U.S. City Average for the month of February of the previous year rounded to the nearest thousandth. Notwithstanding paragraph (1) of subdivision (d) of Section 7522.10 of the Government Code, the adjustment shall be effective annually on July 1, beginning July 1, 2014. (3) The Legislature reserves the right to modify the requirements of this subdivision with regard to all participants subject to this subdivision, except that the Legislature may not modify these provisions in a manner that would result in a decrease in benefits accrued prior to the effective date of the modification. (d) Any employer or person who knowingly or willfully reports salary in a manner inconsistent with the provisions of subdivisions (a) or (b) may be subject to prosecution for fraud, theft, or embezzlement in accordance with provisions of the Penal Code. The system may establish procedures to ensure that salary reported by an employer is in compliance with this section. (e) For purposes of this section, remuneration shall be considered paid if distributed to any person in the same class of employees who meets the qualifications or requirements specified in a publicly available written contractual agreement, including, but not limited to, a collective bargaining agreement or an employment agreement, as a condition of receiving the remuneration. (Amended by Stats. 2015, Ch. 123, Sec. 30. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26140. Source version: id_18e737dd-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= (a) “Spouse” means the person married to the participant on the date the participant files a beneficiary designation, or an application for a benefit, or on the date of the participant’s death. (b) Except as excluded in Sections 26004 and 27406, a person who is the registered domestic partner of the participant, as established pursuant to Section 297 or 299.2 of the Family Code, on the date the participant files a beneficiary designation or an application for a benefit, or on the date of the participant’s death, shall be treated in the same manner as a spouse. (Amended by Stats. 2005, Ch. 418, Sec. 10. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26142. Source version: id_d1c3ad9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “System” means the State Teachers’ Retirement System. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26142.5. Source version: id_138edad9-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “System’s headquarters office” means the office building established as the permanent headquarters facility for the system, pursuant to Section 22375. (Added by Stats. 2015, Ch. 123, Sec. 31. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26143. Source version: id_d1c3ad9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Termination benefit” means a benefit that is an amount equal to the sum of the participant’s employee account and employer account payable under this part pursuant to the provisions of Chapter 13 (commencing with Section 27200). (Amended by Stats. 1998, Ch. 965, Sec. 248. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26144. Source version: id_d1c3ada0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Total and permanent disability” means any medically determinable physical or mental incapacity that is expected to prevent the participant from performing creditable service under this part for the employer for a continuous period of at least one year. (Amended by Stats. 1998, Ch. 965, Sec. 249. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26144.5. Source version: id_d1c3ada2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Trustee service” means duties performed by a member of the governing body of an employer. (Added by Stats. 2000, Ch. 1020, Sec. 11. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 2. Definitions [26100 - 26145] SECTION 26145. Source version: id_d1c3ada4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=2.&article= “Unfunded actuarial obligation” means any negative balance in the Gain and Loss Reserve. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26200. Source version: id_d1c53448-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= Employee contributions, employer contributions, investment earnings, and any other amounts provided under this part shall be deposited into the Teachers’ Retirement Fund. Disbursement of money from the fund shall be made upon claims made pursuant to Section 26209 and duly audited in the manner prescribed for the disbursement of other public funds. Notwithstanding Section 13340 of the Government Code, the Teachers’ Retirement Fund is continuously appropriated for the payment of benefits and investment transactions pursuant to this part. Disbursements may be made to return funds deposited in the fund in error. (Amended by Stats. 1998, Ch. 1048, Sec. 25. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26201. Source version: id_d1c5344a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= Investment earnings shall be collected by the Treasurer, and together with any other moneys received in connection with the Cash Balance Benefit Program, shall be immediately deposited to the credit of the Teachers’ Retirement Fund and reported to the system. (Amended by Stats. 1998, Ch. 1048, Sec. 26. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26202. Source version: id_d00925d8-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= (a) The board shall establish a Gain and Loss Reserve within the Teachers’ Retirement Fund for the Cash Balance Benefit Program. The board has sole authority to administer the Gain and Loss Reserve to be drawn upon to the extent necessary to credit interest to employee accounts and employer accounts at the minimum interest rate during years in which the investment earnings of the plan with respect to the Cash Balance Benefit Program are not sufficient for that purpose, and, where necessary, to provide additions to the Annuitant Reserve for monthly annuity payments. (b) The board shall establish and periodically review goals regarding the sufficiency of the Gain and Loss Reserve based on the recommendation of the actuary. (c) In the event that the total amount of investment earnings of the plan with respect to the Cash Balance Benefit Program for any plan year exceeds the sum of the total amount required to credit all employee and employer accounts at the minimum interest rate for the plan year plus the administrative costs of the plan with respect to the Cash Balance Benefit Program for the plan year, the board shall determine the amount, if any, that is to be credited to the Gain and Loss Reserve for the plan year. That determination shall be made upon recommendation of the actuary based on the actuarial valuation undertaken following the plan year pursuant to Section 26211 but no later than June 30 following the end of the plan year. In determining whether an amount is to be credited to the Gain and Loss Reserve, the board shall consider the sufficiency of the reserve in light of the goal established for the sufficiency and the recommendations of the actuary. (Amended by Stats. 2016, Ch. 218, Sec. 40. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26203. Source version: id_d1c5344e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board may amortize any unfunded actuarial obligation in accordance with standards established by the Actuarial Standards Board and Governmental Accounting Standards Board. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26204. Source version: id_d1c53450-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board shall establish an Annuitant Reserve within the Teachers’ Retirement Fund for the Cash Balance Benefit Program. The board has sole authority to administer the Annuitant Reserve for the payment of annuities. The board may transfer the credits from a participant’s employee account and employer account to the Annuitant Reserve upon election of an annuity by the participant or beneficiary of the participant. (Amended by Stats. 1998, Ch. 1048, Sec. 28. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26205. Source version: id_d1c53452-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board may transfer amounts between the Gain and Loss Reserve and the Annuitant Reserve upon the recommendation of the actuary. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26206. Source version: id_d1c53454-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= All administrative costs of the board and system for the plan with respect to the Cash Balance Benefit Program shall be paid from the Teachers’ Retirement Fund. (Amended by Stats. 1998, Ch. 1048, Sec. 29. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26207.5. Source version: id_d1c53456-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= In no event shall the funding of the Cash Balance Benefit Program be a liability of the state or the General Fund, nor shall the General Fund be used to offset or fund any liabilities attributed to the operation of the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 1048, Sec. 31. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26208. Source version: id_d1ce5c18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board shall establish and maintain records and accounts following recognized accounting principles and controls with respect to the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 250. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26209. Source version: id_d1ce5c1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board may authorize the transfer and disbursement of funds from the Teachers’ Retirement Fund for the purpose of carrying into effect the Cash Balance Benefit Program upon the signature of its chairperson, vice chairperson, the chief executive officer, or any employee of the system designated by the chief executive officer. (Amended by Stats. 1998, Ch. 1048, Sec. 32. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26210. Source version: id_d1ce5c1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board has exclusive control of the investment of the Retirement Fund with respect to assets attributed to the Cash Balance Benefit Program. In investing the fund, the board and its officers and employees shall exercise their fiduciary duties set forth in Chapter 4 (commencing with Section 22250) and Chapter 6 (commencing with Section 22350) of Part 13. (Amended by Stats. 1998, Ch. 965, Sec. 251. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26211. Source version: id_d1cfe2be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board shall acquire the services of an actuary to: (a) Perform an actuarial investigation of the demographic and economic experience of the Cash Balance Benefit Program at least once every four years and make recommendations to the board for the adoption of actuarial assumptions for the program that are, in the aggregate, reasonably related to the past experience of the program and the actuary’s best estimate of the future experience of the program. (b) Perform an annual actuarial valuation of the assets and liabilities of the plan with respect to the Cash Balance Benefit Program, using the actuarial assumptions adopted by the board. (c) Recommend to the board all rates and factors necessary to administer the Cash Balance Benefit Program, including, but not limited to, mortality tables, annuity factors, interest rates, additional earnings credits, and employer contribution rates. (d) Recommend to the board the goal for maintaining a sufficient Gain and Loss Reserve with respect to the Cash Balance Benefit Program, the amount to be transferred to the Gain and Loss Reserve from investment earnings of the plan each year with respect to the Cash Balance Benefit Program, and a strategy for the amortization of any unfunded actuarial obligation. (e) Recommend to the board transfers of amounts between the Gain and Loss Reserve and the Annuitant Reserve with respect to the Cash Balance Benefit Program. (f) Perform any other actuarial services that may be required for the administration of the plan with respect to the Cash Balance Benefit Program, as requested by the board. (Amended by Stats. 1998, Ch. 965, Sec. 252. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26212. Source version: id_d1cfe2c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board shall maintain all data necessary for the actuarial investigation of the demographic and economic experience of the Cash Balance Benefit Program, and for the actuarial valuation of the assets and liabilities of the plan with respect to the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 253. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26213. Source version: id_d1cfe2c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board shall adopt actuarial assumptions, rates, factors and tables necessary to administer the Cash Balance Benefit Program as an amendment to the plan. (Amended by Stats. 1998, Ch. 965, Sec. 254. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26214. Source version: id_c3874b10-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= (a) Except as provided in subdivision (b), the system shall make available, after the end of the plan year, to each participant having a balance in his or her employee account or employer account, a statement setting forth the balance as of the close of the plan year and amounts credited for the year. The system shall mail a copy of the participant’s statement, provided that the employer or participant has informed the system of the participant’s current mailing address and the participant has not requested to receive that statement electronically, in lieu of mailing. (b) The mode of issuance described in subdivision (a) is subject to Section 22337. (Amended by Stats. 2013, Ch. 459, Sec. 10. (AB 989) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 3. Plan Administration [26200 - 26216] SECTION 26216. Source version: id_d1cfe2c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=3.&article= The board may administer the Cash Balance Benefit Program through an agreement with a qualified third-party administrator that shall provide custodial, recordkeeping, or other administrative services specified under the agreement. (Amended by Stats. 1998, Ch. 965, Sec. 255. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26300. Source version: id_d1d1696c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= (a) Within 10 working days following the later of the first day of employment, the date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, the employer shall make available to the employee the following information: (1) The employee’s rights and responsibilities as a participant in the program, the employer’s responsibilities under the program, and the benefits payable under the program. (2) The employee’s right to elect membership in the Defined Benefit Program in lieu of participation in the Cash Balance Benefit Program, the rights and responsibilities of a member and the employer under the Defined Benefit Program, and benefits payable under the Defined Benefit Program. (b) Written acknowledgment by the employee that he or she has received the information specified in subdivision (a) shall be retained in the employer’s files on a form prescribed by the system. (c) If an employer’s governing board’s action to provide the Cash Balance Benefit Program gives employees the right to elect other coverage in lieu of the Cash Balance Benefit Program pursuant to Section 26400, the employer shall, within 10 working days following the later of the first day on which creditable service is performed, the date of the employer’s governing board’s action to provide the program or the effective date of the employer’s governing board’s action to provide the program, notify existing employees of the following: (1) The employee’s right to elect other coverage if offered by the employer in lieu of participation in the Cash Balance Benefit Program. (2) The rights and responsibilities of the employer and a participant in an alternative retirement plan if offered by the employer. (3) The benefits payable under an alternative retirement plan if offered by the employer. (Amended by Stats. 1998, Ch. 1048, Sec. 33. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26301. Source version: id_f017ba87-317f-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= (a) Employers shall report contributions paid on behalf of each participant in each pay period, along with all other information required by the system no later than 10 working days following the last day of the pay period in which the salary was earned, and the report shall be delinquent immediately thereafter. That report shall be submitted electronically in an encrypted format provided by the system that ensures the security of the transmitted participant data. (b) The board shall, in accordance with regulations, assess a penalty against the employer for a report submitted late or in an unacceptable form. The penalty shall be based upon the sum of the employee and employer contributions required to be reported under this part at a rate of interest equal to the regular interest rate, accruing on the balance for the period between the time the report was due and the time an acceptable report is actually received by the system. (Amended by Stats. 2011, Ch. 703, Sec. 32. (SB 349) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26301.5. Source version: id_d1d16970-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= Each employer shall deduct from the salary of participants employed by the employer the participant contributions required by this part and shall remit to the system those contributions plus the employer contributions required by this part and Section 44987. (Added by Stats. 1998, Ch. 965, Sec. 257. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26301.7. Source version: id_91a29983-fcb6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= (a) All contributions due to the system by an employer under this part shall be paid by an electronic funds transfer method through an automated clearinghouse as prescribed by the board. This payment requirement is effective upon authorization by the board. (b) For purposes of this section, “automated clearinghouse” means any federal reserve bank, or an organization established in agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and which authorizes an electronic transfer of funds between these banks or bank accounts. (c) An employer that is unable, for good cause, to comply with subdivision (a) may apply to the board for a waiver that allows the employer to pay in an alternate manner as prescribed by the board. (Added by Stats. 2018, Ch. 125, Sec. 2. (AB 2052) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26302. Source version: id_fec5a9c9-317f-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= (a) If more or less than the contributions required by this part are paid to the plan based on salary paid to a participant, proper adjustment shall be made by the employer within 60 days of discovery or of notification by the system, and any contributions deducted in error from the participant’s salary shall be returned to the participant by the employer within the same time period. (b) The board shall, in accordance with regulations, assess penalties for late or improper adjustments pursuant to Section 26301. These penalties shall be assessed at a rate equal to the penalties imposed under subdivision (b) of Section 26301 and shall be deemed to be interest earned in the year in which the penalty is received. (Amended by Stats. 2011, Ch. 703, Sec. 33. (SB 349) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26303. Source version: id_0c9239bb-3180-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= (a) Employers shall transmit to the plan the employee contributions and employer contributions with respect to the Cash Balance Benefit Program for salary paid to each participant during the pay period no later than 10 working days following the last day of the pay period in which the salary was earned. (b) Payments shall be delinquent on the 11th working day thereafter, and interest shall begin to accrue at the regular interest rate from that day until payment for the contributions and interest is received in full by the system. The board, in accordance with regulations, shall collect interest for late payment from the employer under this subdivision. (Amended by Stats. 2011, Ch. 703, Sec. 34. (SB 349) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26303.5. Source version: id_80915f19-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= A person or entity that reports directly to the system that is assessed a penalty or interest pursuant to Section 26301 or 26303 may appeal the assessed penalty or interest using the appeals process established pursuant to Section 22219. (Added by Stats. 2009, Ch. 249, Sec. 11. (AB 654) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26303.7. Source version: id_952985ec-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= Penalties and interest due to the system pursuant to Section 26301 or 26303 are additional required contributions that, when received, shall be deposited to the Teachers’ Retirement Fund and treated in the same manner as other contributions. (Added by Stats. 2020, Ch. 275, Sec. 17. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26304. Source version: id_d1d16976-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= An employer shall provide timely notice to the system of the employment, death, or termination of employment of a participant. (Amended by Stats. 1996, Ch. 608, Sec. 17. Effective September 19, 1996. Applicable from July 1, 1996, pursuant to Sec. 58 of Ch. 608.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26305. Source version: id_d1d2f018-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= Upon request of the system, an employer shall provide the system with information regarding the salary paid or to be paid to employees subject to coverage by the Cash Balance Benefit Program in a plan year. The information may include, but shall not be limited to, employment contracts, salary schedules, and minutes from meetings conducted by the governing board of the employer. (Amended by Stats. 1998, Ch. 965, Sec. 260. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 4. Employer and Participant Responsibilities [26300 - 26306] SECTION 26306. Source version: id_d6dbab3a-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=4.&article= (a) Upon request by the system, a participant or beneficiary with respect to the Cash Balance Benefit Program shall provide to the system any information affecting his or her status as a participant or beneficiary. (b) Upon request by the system, the participant shall provide proof of his or her date of birth. (c) A participant who has not contributed to the Cash Balance Benefit Program during the immediately preceding plan year shall provide the system with his or her current mailing address and beneficiary information. (d) For a trust as defined in subdivision (b) of Section 26106.5 that is designated as a joint and survivor annuity beneficiary, the following documentation is required: (1) The participant shall provide an acknowledged certification that includes each declaration prescribed by clause A-6 of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations and a declaration that the trust meets the requirements and conditions as defined in subdivision (b) of Section 26106.5. The certification shall be submitted to the system at the time of election of the beneficiary and is required for the election to be valid. The certification shall be in the form of an acknowledged declaration signed by the participant and by all then-acting trustees of the trust. (2) After the participant’s death, the then-acting trustee or trustees of the trust shall provide an acknowledged certification that includes each of the declarations prescribed by clause A-6 of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal Regulations and a declaration that the trust meets the requirements and conditions as defined in subdivision (b) of Section 26106.5. The certification by the trustee or trustees of the trust shall be submitted to the system upon the participant’s death and shall additionally certify that the trust has not been revoked, modified, or amended in any manner which would cause the representations contained in the certification to be incorrect. The certification shall contain a statement that it is being signed by all of the then-acting trustees of the trust and shall be in the form of an acknowledged declaration signed by all the then-acting trustees. (3) At any time, upon demand by the system, the participant or trustee of the trust shall provide a copy of the trust instrument. (Amended by Stats. 2016, Ch. 559, Sec. 14. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 5. Eligibility [26400 - 26403] SECTION 26400. Source version: id_76fca79b-0c8e-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=5.&article= (a) (1) Any person who is not already a member of the Defined Benefit Program and who is employed to perform creditable service by an employer that provides the Cash Balance Benefit Program shall become a participant in the Cash Balance Benefit Program for creditable service performed for that employer if the person is not excluded from participation pursuant to Section 22601 and all employment to perform creditable service for that employer meets either of the following conditions: (A) The person is employed by an employer, excluding a community college district, to perform creditable service on a part-time basis for less than 50 percent of the time the employer requires for the full-time position, or on a substitute, part-time hourly or part-time daily basis. (B) The person is employed by a community college district to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5. (2) Participation shall begin as of the first day of employment or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever is later. (b) If the employer’s governing board’s action to provide the Cash Balance Benefit Program gives employees the right to elect coverage by the federal Social Security Act or an alternative retirement plan offered by the employer in addition to the Cash Balance Benefit Program, the employee may elect coverage by the federal Social Security Act or the alternative retirement plan in lieu of participating in the Cash Balance Benefit Program. (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer within 60 calendar days after the first day of employment, or the date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever occurs later. (2) The election form shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature. The employer shall retain a copy of the signed election form. (3) The election shall become effective as of the first day of employment or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever occurs later. (c) If the employer’s governing board subsequently provides coverage by the federal Social Security Act, a person who becomes a participant in the Cash Balance Benefit Program pursuant to subdivision (a) may elect coverage by the federal Social Security Act in lieu of participating in the Cash Balance Benefit Program. (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer within 60 calendar days after the date of the employer’s governing board’s action to provide coverage by the federal Social Security Act or the effective date of the employer’s governing board’s action to provide coverage by the federal Social Security Act, whichever occurs later. (2) The election form shall be received by the system’s headquarters office within 60 calendar days after the date of the employee’s signature. The employer shall retain a copy of the signed election form. (3) The election shall become effective as of the effective date of the employer’s governing board’s action to provide coverage by the federal Social Security Act. (d) If the governing board of an employer provided federal Social Security Act coverage with an effective date prior to January 1, 2007, and the employer offered the Cash Balance Benefit Program as of the effective date of the governing board’s action to provide federal Social Security Act coverage, a participant who was performing creditable service for that employer may elect to be covered by the federal Social Security Act in lieu of the Cash Balance Benefit Program. The participant’s election shall be made on or after March 1, 2008, and on or before May 1, 2008. The election to participate in the federal Social Security Act shall be effective on July 1, 2008. (e) An election made pursuant to subdivision (b), (c), or (d) shall not preclude an employee from electing to participate in the Cash Balance Benefit Program for creditable service performed for that employer at a later date if the employer still provides the Cash Balance Benefit Program and the employee is eligible for participation as described in paragraph (1) of subdivision (a). (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer. (2) The election form shall be received by the system’s headquarters office within 60 calendar days after the date of the employee’s signature and prior to the submission of contributions. The employer shall retain a copy of the signed election form. (3) The election shall be effective no earlier than the first day of the pay period in which the election is made and may not be canceled. (Repealed and added by Stats. 2019, Ch. 318, Sec. 9. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 5. Eligibility [26400 - 26403] SECTION 26401. Source version: id_f82da227-0c92-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=5.&article= (a) (1) A member of the Defined Benefit Program who is employed by an employer that provides the Cash Balance Benefit Program may elect to become a participant of the Cash Balance Benefit Program for creditable service performed for that employer if all employment to perform creditable service for that employer meets either of the following conditions: (A) The member is employed by an employer, excluding a community college district, to perform creditable service on a part-time basis for less than 50 percent of the time the employer requires for the full-time position or on a substitute, part-time hourly, or part-time daily basis. (B) The member is employed by a community college district to perform creditable service on a temporary basis pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5. (2) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer within 60 calendar days after the first day of employment, or the date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever occurs later. (3) The election form shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature and prior to the submission of contributions. The employer shall retain a copy of the signed election form. (4) The election shall become effective as of the first day of employment or the effective date of the employer’s governing board’s action to provide the Cash Balance Benefit Program, whichever occurs later. (b) (1) If an employee was excluded from participation in the Cash Balance Benefit Program pursuant to Section 26401.5, as that section read on December 31, 2000, for the same service, the employee may elect to become a participant for creditable service subject to coverage under the Cash Balance Benefit Program for that employer, provided all of the following conditions are met: (A) The employment is pursuant to Section 87474, 87478, 87480, 87481, 87482, or 87482.5. (B) The employer offers the Cash Balance Benefit Program. (C) The creditable service is not also subject to mandatory membership in the Defined Benefit Program. (2) Employers shall, on or before May 1, 2007, make available to employees described in this subdivision, information and forms provided by the system for making an election regarding participation. The employee shall submit the form to the employer within a 60-day election period designated by the employer. The employer shall retain a copy of the employee’s signed election form and mail the original signed election form to the system’s headquarters office. The election shall become effective on the first day of the pay period following the pay period in which the election is made. (c) A member who elects to participate in the Cash Balance Benefit Program pursuant to this section may subsequently elect that creditable service performed for the employer be subject to coverage by the Defined Benefit Program in lieu of the Cash Balance Benefit Program. (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer at any time while employed to perform creditable service. (2) The election form shall be received at the system’s headquarters office within 60 calendar days after the date of the employee’s signature and prior to the submission of contributions. The employer shall retain a copy of the signed election form. (3) The election shall become effective no earlier than the first day of the pay period in which the election is made and is irrevocable. (Amended by Stats. 2019, Ch. 318, Sec. 10. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 5. Eligibility [26400 - 26403] SECTION 26403. Source version: id_0415e1b9-0c93-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=5.&article= (a) A person who performs trustee service for an employer who has elected to provide benefits pursuant to this part to its employees may elect to participate in the Cash Balance Benefit Program for that service. (1) The election shall be made in writing on a properly executed form prescribed by the system and filed with the employer at any time while performing trustee service. (2) The election form shall be received at the system’s headquarters office within 60 calendar days after the date of the trustee’s signature and prior to the submission of contributions. The employer shall retain a copy of the election form. (3) The election shall become effective no earlier than the first day of the pay period in which the election is made. (b) An election made pursuant to this section is irrevocable. (Amended by Stats. 2019, Ch. 318, Sec. 11. (AB 1452) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26500. Source version: id_d1d5fd68-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= Acceptance of employment subject to coverage by the Cash Balance Benefit Program constitutes consent to have contributions deducted from the employee’s salary as required by Section 26501. (Amended by Stats. 1998, Ch. 965, Sec. 264. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26501. Source version: id_d1d5fd6a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= Except as provided in Section 26504, the participant shall contribute an amount equivalent to 4 percent of salary. (Amended by Stats. 1998, Ch. 1048, Sec. 38. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26501.5. Source version: id_d1d5fd6c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= A person who elects, pursuant to Section 26403, to participate in the Cash Balance Benefit Program shall make contributions, as provided in Section 26501, based on his or her salary or other compensation earned for trustee service. (Added by Stats. 2000, Ch. 1020, Sec. 14. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26502. Source version: id_d1d5fd6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= Notwithstanding Section 26301.5, the employer may pick up, for the sole purpose of and in accordance with the requirements of Section 414(h)(2) of Title 26 of the United States Code and Section 17501 of the Revenue and Taxation Code, all of the amounts otherwise due as employee contributions, which shall be paid by the employer in lieu of employee contributions and which shall be deducted from the employee’s salary. (Amended by Stats. 1998, Ch. 965, Sec. 265. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26503. Source version: id_d1d5fd70-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= Except as provided in Sections 26504 and 26507, the employer shall contribute an amount equivalent to 4 percent of salary for each participant employed by the employer. (Amended by Stats. 1998, Ch. 1048, Sec. 39. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26503.5. Source version: id_c50f2392-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= If a person elects, pursuant to Section 26403, to participate in the Cash Balance Benefit Program, his or her employer shall make contributions, as provided in Section 26503, based on the salary or other compensation paid for trustee service. For a participant subject to the California Public Employees’ Pension Reform Act of 2013, other compensation paid for trustee service is subject to the same requirements as “salary” as defined in Section 26139.5. (Amended by Stats. 2013, Ch. 559, Sec. 38. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26504. Source version: id_c69af3b4-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= The employer may enter into a collective bargaining agreement to pay a different employer contribution rate and a different employee contribution rate, provided all of the following conditions are met: (a) The sum of the employee contributions and employer contributions for each participant shall equal or exceed 8 percent of salary. (b) The employee contribution rate may exceed the employer contribution rate but in no event shall the employer contribution rate be less than 4 percent. (c) The employee contribution rate shall not be less than the employer contribution rate. If the terms of a collective bargaining agreement that is in effect on January 1, 2014, would be impaired by this subdivision, this subdivision shall not apply to the employer and participants subject to that contract until the expiration of that contract. A renewal, amendment, or any other extension of that contract shall be subject to the requirements of this subdivision. (d) The employee contribution rate and employer contribution rate shall be the same for each participant employed by the employer. (e) The employee contribution rate and employer contribution rate shall be in one-quarter percent increments. (f) The employee contribution rate and employer contribution rate as determined under the collective bargaining agreement shall become effective on the first day of the plan year following notification to the system and shall remain in effect for at least one plan year. However, the employee contribution rate and the employer contribution rate as determined under the collective bargaining agreement may become effective as of the first day of the plan year in which notice is given if it is so provided in the collective bargaining agreement and if a lump-sum contribution is made to the plan equal to the additional employee and employer contributions, if any, that would have been required if the contribution rates had been in effect on the first day of the plan year. Interest shall be credited at the minimum interest rate with respect to the lump-sum contribution commencing with the first month after the contribution is made. (g) The employer has filed notice of the employee contribution rate and the employer contribution rate on a form prescribed by the system. (Amended by Stats. 2013, Ch. 559, Sec. 39. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26506. Source version: id_99896bb1-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= (a) Except as provided in subdivision (b), participants shall not make voluntary pretax or post-tax contributions into the Cash Balance Benefit Program, nor shall participants redeposit amounts previously distributed from employee accounts or employer accounts. (b) Pursuant to terms and conditions established by the board, participants may be permitted to transfer funds from eligible retirement plans into the Cash Balance Benefit Program to the extent that the transfers are allowable under and are completed in a manner prescribed by applicable federal and state laws, and any related regulations. (c) Funds deposited with the Cash Balance Benefit Program by a participant pursuant to subdivision (b) shall be credited to the participant and identified separately from credits in the participant’s employee and employer accounts. Funds so deposited shall be treated as credits to the participant’s employee account for all other purposes under this part. (Amended by Stats. 2015, Ch. 123, Sec. 34. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 6. Contributions [26500 - 26507] SECTION 26507. Source version: id_d1e0abda-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=6.&article= (a) The board may adjust the mandatory employer contribution rate specified under Section 26503 for a fixed period of plan years when it has determined based upon the recommendation of the actuary, that increased contributions are required. The adjustment shall not exceed one-fourth of one percent for any plan year. The mandatory employer contribution rate as adjusted shall not exceed 4.25 percent of salary in any plan year for each participant employed by the employer, except as provided in subdivision (b). (b) The adjustment to the employer contribution rate specified in subdivision (a) shall be applied to the employer contribution rate specified in a collective bargaining agreement pursuant to Section 26504 and in effect on the first day of the plan year in which the adjustment to the employer contribution rate takes effect. (c) The adjusted employer contribution rate shall become effective no earlier than the first day of the plan year immediately following adoption by the board. (Amended by Stats. 1998, Ch. 965, Sec. 268. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 7. Employee and Employer Accounts [26600 - 26607] SECTION 26600. Source version: id_d1e2327e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=7.&article= All contributions based on salary earned by a participant, together with amounts credited under the minimum interest rate and additional earnings credit amounts, shall be treated as credits to individual accounts in the name of the participant. These accounts shall be nominal accounts used to determine the amount of retirement benefit, disability benefit, death benefit, or termination benefit of the participant or beneficiary. The participant shall have no actual individual account and shall have no claim to any particular assets of the plan or the fund. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 7. Employee and Employer Accounts [26600 - 26607] SECTION 26601. Source version: id_d1e23280-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=7.&article= All employee contributions and interest credited under the minimum interest rate and additional earnings credits in respect of those contributions shall be treated as credits to the participant’s employee account. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 7. Employee and Employer Accounts [26600 - 26607] SECTION 26602. Source version: id_d1e23282-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=7.&article= All employer contributions on behalf of the participant and interest credited under the minimum interest rate and additional earnings credits in respect of those contributions shall be treated as credits to the participant’s employer account. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 7. Employee and Employer Accounts [26600 - 26607] SECTION 26603. Source version: id_ea390b26-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=7.&article= (a) All employee contributions shall be credited to employee accounts and all employer contributions shall be credited to employer accounts effective as of the day contributions are required to be transmitted to the plan pursuant to subdivision (a) of Section 26303. (b) This section shall become operative on July 1, 2018. (Repealed (in Sec. 41) and added by Stats. 2016, Ch. 218, Sec. 42. (SB 1352) Effective January 1, 2017. Section operative July 1, 2018, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 7. Employee and Employer Accounts [26600 - 26607] SECTION 26604. Source version: id_e53f23fe-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=7.&article= (a) Beginning June 1, 1996, prior to the Cash Balance Plan becoming effective, and prior to the beginning of each plan year thereafter, the board, by plan amendment with respect to the Cash Balance Benefit Program, shall declare the minimum interest rate for crediting employee accounts and employer accounts with respect to the Cash Balance Benefit Program during the following plan year. (b) All interest shall be computed at the minimum interest rate on the balance of the employee account and the employer account and shall be compounded daily. (c) Interest shall not be credited to employee accounts and employer accounts that have been transferred to the Annuitant Reserve for payment of an annuity. (Amended by Stats. 2016, Ch. 218, Sec. 43. (SB 1352) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 7. Employee and Employer Accounts [26600 - 26607] SECTION 26605. Source version: id_d1e3b928-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=7.&article= In the event that the total amount of investment earnings of the plan for any plan year exceeds the sum of the total amount required to credit all employee and employer accounts at the minimum interest rate for the plan year plus the administrative costs of the plan for the plan year, then following the determination by the board with respect to additions to the Gain and Loss Reserve described in subdivision (c) of Section 26202 the board may declare by means of plan amendment an additional earnings credit for the plan year with respect to the employee and employer accounts of the plan participants. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 7. Employee and Employer Accounts [26600 - 26607] SECTION 26606. Source version: id_d1e3b92a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=7.&article= Any additional earnings credit declared shall be determined as a specified percentage increase in the closing balance of each employee account and employer account with respect to the Cash Balance Benefit Program measured as of the last day of the plan year. The additional earnings credit shall be credited to employee account and employer account balances as of the date the board declares the additional earnings credit is to be applied. The additional earnings credit shall not be credited to employee accounts and employer accounts that have been transferred to the Annuitant Reserve for payment of an annuity under the Cash Balance Benefit Program. (Amended by Stats. 1998, Ch. 965, Sec. 270. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 7. Employee and Employer Accounts [26600 - 26607] SECTION 26607. Source version: id_d1e3b92c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=7.&article= (a) The board may declare by means of plan amendment with respect to the Cash Balance Benefit Program an additional annuity credit applicable to annuities being paid under the Cash Balance Benefit Program. (b) The declaration authorized by subdivision (a) may be made only when the board by plan amendment with respect to the Cash Balance Benefit Program declares an additional earnings credit as provided in Section 26605 and if the total amount of investment earnings of the plan with respect to the Cash Balance Benefit Program for the plan year exceeds the sum of the total amount required to credit all employee and employer accounts at the minimum interest rate, the administrative costs of the plan with respect to the Cash Balance Benefit Program for the plan year, any addition to be made to the Gain and Loss Reserve under subdivision (c) of Section 26202, the total amount required to credit all employee and employer accounts in respect of the additional earnings credit so declared, and any other obligations incurred by the plan with respect to the Cash Balance Benefit Program. (c) Any additional annuity credit with respect to the Cash Balance Benefit Program shall be based upon the annuity of the participant or beneficiary for the plan year and shall be paid as a lump sum to the participant or beneficiary on the date specified by the board. (Amended by Stats. 1998, Ch. 965, Sec. 271. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 8. Rights to Benefits [26700 - 26704] SECTION 26700. Source version: id_d1e3b930-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=8.&article= A participant has a vested right to a retirement benefit equal in amount to the total balance of credits in his or her employee account and employer account. The right accrues when a person becomes a participant. (Added by Stats. 1995, Ch. 592, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 8. Rights to Benefits [26700 - 26704] SECTION 26701. Source version: id_d1e3b932-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=8.&article= The right of a participant to a benefit under this part, whether by lump sum or annuity, is not subject to execution or any other process whatsoever, except to the extent permitted by Section 704.110 of the Code of Civil Procedure, and is unassignable except as specifically provided under this part. (Amended by Stats. 1998, Ch. 1048, Sec. 43. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 8. Rights to Benefits [26700 - 26704] SECTION 26702. Source version: id_d1e53fd4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=8.&article= (a) For the purpose of payments into or out of the fund for adjustments of errors or omissions with respect to the Cash Balance Benefit Program, the period of limitation shall be applied as follows: (1) No action may be commenced by or against the board, the system, or the plan more than three years after all obligations to or on behalf of the participant or beneficiary have been discharged. (2) In cases where the system makes an error resulting in incorrect payment to the participant or beneficiary, the system’s right to commence recovery shall expire three years from the date of payment. (3) If an erroneous payment is made due to lack of information or inaccurate information regarding eligibility of a participant or beneficiary to receive a benefit from the Cash Balance Benefit Program, the period of limitation shall commence when the system discovers the erroneous payment. (b) Notwithstanding any other provision of this section, if any erroneous payment has been made on the basis of fraud or intentional misrepresentation by a participant or beneficiary, or other party in relation to or on behalf of a participant or beneficiary, the three-year period of limitation shall not be deemed to commence or to have commenced until the system discovers the erroneous payment. (Amended by Stats. 1998, Ch. 1048, Sec. 44. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 8. Rights to Benefits [26700 - 26704] SECTION 26703. Source version: id_985097c8-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=8.&article= The signature of the spouse of a participant shall be required on a designation of beneficiary form, an election, change, or termination of an annuity, or an application for a retirement benefit, disability benefit, or termination benefit under this part, unless the participant declares in writing, under penalty of perjury, that one of the following conditions exists: (a) The participant is not married. (b) The participant does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse. (c) The spouse is incapable of executing the acknowledgment because of an incapacitating mental or physical condition. (d) The participant and spouse have executed a marriage settlement agreement pursuant to Part 5 (commencing with Section 1500) of Division 4 of the Family Code that makes the community property law inapplicable to the marriage. (e) The current spouse has no identifiable community property interest in the benefit. (Amended by Stats. 2014, Ch. 755, Sec. 75. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 8. Rights to Benefits [26700 - 26704] SECTION 26704. Source version: id_9e60425a-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=8.&article= If a spouse refuses to sign a beneficiary designation, an election, change, or termination of an annuity, or an application for a retirement benefit, disability benefit, or termination benefit payable under this part, the participant may bring an action in court to enforce the spousal signature requirement or to waive the spousal signature requirement. Either party may bring an action pursuant to Section 1101 of the Family Code to determine the rights of the party. (Amended by Stats. 2014, Ch. 755, Sec. 76. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26800. Source version: id_c82d0566-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= The normal retirement age for the Cash Balance Benefit Program is 60 years of age, or 62 years of age for a participant subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 559, Sec. 40. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26801. Source version: id_ee2e3768-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= Except as provided under Section 26802, a participant’s retirement date shall not be earlier than either the date on which the participant attains 55 years of age or the first day of the month in which an application is received at the system’s headquarters office, whichever is later. (Amended by Stats. 2020, Ch. 275, Sec. 18. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26802. Source version: id_d1e6c680-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= Distribution of the retirement benefit under this part shall commence no later than the required beginning date specified in subdivision (c) of Section 26004. (Amended by Stats. 1998, Ch. 965, Sec. 273. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26803. Source version: id_70f6e8b8-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) All creditable service subject to coverage by the Cash Balance Benefit Program and the Defined Benefit Program, which does not include retired member activities as defined in Section 22164.5 or retired participant activities as defined in Section 26135.7, shall be terminated prior to the retirement date. (b) All employers with which the participant is employed to perform creditable service subject to coverage by the plan shall certify in a format prescribed by the system that the participant’s employment has been terminated unless the employment was terminated 12 months or more prior to the participant’s retirement date. (Amended by Stats. 2022, Ch. 231, Sec. 3. (AB 1824) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26804. Source version: id_c09ad7c1-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= Application for a retirement benefit under this part shall be made on a form prescribed by the system. A participant who files an application for a retirement benefit may change or cancel the retirement application if all of the following are met: (a) The form provided by the system is received in the system’s headquarters office no later than 30 days from the date of the participant’s initial benefit payment. (b) The participant returns the total gross distribution amount of all payments for any canceled retirement benefit, including a lump-sum payment being changed to an annuity, to the system’s headquarters office no later than 45 days from the date of the participant’s initial benefit payment. The participant shall be liable for any adverse tax consequences that may result from these actions. (Amended by Stats. 2021, Ch. 186, Sec. 5. (SB 634) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26805. Source version: id_d1e6c686-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= The retirement benefit under this part is a benefit payable in the event of retirement that is an amount equal to the sum of the employee account and the employer account as of the retirement date. (Amended by Stats. 1998, Ch. 965, Sec. 276. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26806. Source version: id_9d7c77d3-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) The normal form of retirement benefit under this part is a lump-sum payment. Upon distribution of the lump-sum payment to the participant, no further benefits shall be payable from the plan with respect to the Cash Balance Benefit Program. (b) The lump-sum payment in subdivision (a) shall not be payable before 180 calendar days have elapsed following the date of termination of employment. (c) Except as provided in subdivision (d) or subdivision (e) of Section 26812, the application for the retirement benefit in the form of a lump-sum payment shall be automatically canceled if the participant performs creditable service within 180 calendar days following the date of termination of employment. (d) Subdivision (c) does not apply if the participant has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A participant who has reached this age shall receive a distribution commencing on the earlier of the date that the participant has met the conditions of subdivision (b) or the conditions of subdivision (c) of Section 26004. (Amended by Stats. 2015, Ch. 123, Sec. 35. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26807. Source version: id_d308b9aa-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) Upon application for a retirement benefit under this part, the participant may elect to receive the retirement benefit in the form of an annuity, provided the sum of the employee account and employer account equals or exceeds three thousand five hundred dollars ($3,500). (b) If the participant elects to receive the retirement benefit as an annuity, the participant shall elect one of the following forms of payment: (1) A single life annuity without a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the retirement benefit in a lump-sum payment. This benefit shall be payable for the life of the participant. Upon the death of the participant, no other benefit shall be payable to any beneficiary under this part. (2) A single life annuity with a cash refund feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the retirement benefit in a lump-sum payment. This benefit shall be payable for the life of the participant and any balance remaining upon the death of the participant shall be payable in a lump sum to the participant’s beneficiary. (3) A 100-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the retirement benefit in a lump-sum payment, modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, the monthly amount that was payable to the participant shall be paid monthly to the participant’s annuity beneficiary. However, if the annuity beneficiary predeceases the participant, the annuity payable to the participant shall be the single life annuity with a cash refund feature that would have been payable had the participant elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification, on a properly executed form, is received by the board, provided both the participant and the new designated annuity beneficiary are then living. The designation of the new annuity beneficiary under this paragraph shall be subject to an actuarial modification of the single life annuity with a cash refund feature and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (4) A 50-percent joint and survivor annuity with a “pop-up” feature. This form of payment is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the retirement benefit in a lump-sum payment, modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, one-half of the monthly amount that was payable to the participant shall be paid monthly to the participant’s annuity beneficiary. However, if the annuity beneficiary predeceases the participant, the annuity payable to the participant shall be the single life annuity with a cash refund feature that would have been payable had the participant elected that form of payment at the commencement of the benefit. That single life annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification, on a properly executed form, is received by the board, provided both the participant and the new designated annuity beneficiary are then living. The designation of the new annuity beneficiary under this paragraph shall be subject to an actuarial modification of the single life annuity with a cash refund feature and shall not result in any additional liability to the fund. The new annuity beneficiary shall not be an existing annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity equal to the actuarial equivalent of the sum of the balance of the employee account and the employer account on the date the retirement benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the participant, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the participant’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the participant’s beneficiary pursuant to Section 27007. (c) Except as described in subdivision (e) of Section 26807.5, on or after January 1, 2007, a participant may not make a new election of an annuity described in subdivision (b). (d) Any participant with a retirement effective on or after January 1, 2007, shall elect an annuity from the annuities described in Section 26807.5. (Amended by Stats. 2017, Ch. 298, Sec. 23. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26807.5. Source version: id_df2d3eec-e415-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) Upon application for a retirement benefit under this part, the participant may elect to receive the retirement benefit as an annuity payable in monthly installments, provided the sum of the employee account and employer account equals or exceeds three thousand five hundred dollars ($3,500). If the participant elects to receive the retirement benefit as an annuity, the participant shall elect one of the following forms of payment: (1) Participant only annuity. This is a single life annuity with a cash refund feature that is the actuarial equivalent of the amount that would be payable to the participant if the participant elected to receive the retirement benefit in a lump-sum payment. Upon the death of the participant, an amount equal to the remaining balance of the participant’s contributions and interest shall be paid in a lump-sum to the participant’s beneficiary. (2) One hundred percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, 100 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (3) Seventy-five percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Pursuant to Section 401(a)(9) of the Internal Revenue Code, unless the annuity beneficiary is the participant’s spouse or former spouse who has been awarded a community property interest in the participant’s benefits under this part, the participant may not designate an annuity beneficiary under this annuity who is more than exactly 19 years younger than the participant. Upon the death of the participant, 75 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (4) Fifty percent beneficiary annuity. This is a joint and survivor annuity that is the actuarial equivalent of the lump-sum payment modified to be payable over the combined lives of the participant and the participant’s annuity beneficiary. Upon the death of the participant, 50 percent of the monthly amount that was payable to the participant shall be paid monthly to the participant’s surviving annuity beneficiary. (5) A period certain annuity. This form of payment is an annuity that is equal to the actuarial equivalent of the balance of credits in the participant’s Cash Balance Benefit account on the date the retirement benefit becomes payable. The annuity shall be payable in whole year increments over a period of years specified by the participant, from a minimum of three years to a maximum of 10 years subject to life expectancy tables promulgated pursuant to Section 401(a)(9) of the Internal Revenue Code. If the participant’s death occurs prior to the end of the period certain, the remaining balance of payments shall be paid to the participant’s beneficiary pursuant to Section 27007. (b) If an annuity beneficiary designated pursuant to paragraph (2), (3), or (4) of subdivision (a) predeceases the participant, the annuity shall be paid to the participant as the participant only annuity described in paragraph (1) of subdivision (a) that would have been payable had the participant elected that form of payment at the commencement of the benefit. That participant only annuity shall be payable as of the day following the date of the annuity beneficiary’s death upon receipt by the system of proof of the annuity beneficiary’s death. If the annuity beneficiary predeceases the participant, the participant may designate a new annuity beneficiary. The effective date of the new designation shall be six months following the date notification is received by the board, provided both the participant and the new designated annuity beneficiary are then living. Notice to the board of the death of the annuity beneficiary shall be on a properly executed form provided by the system. The designation of the new annuity beneficiary under this paragraph is subject to an actuarial modification of the participant only annuity and may not result in any additional liability to the fund. (c) If a nonparticipant spouse elects to receive the retirement benefit as an annuity, the nonparticipant spouse shall elect the form of payment specified in paragraph (1) or (5) of subdivision (a) and, in those paragraphs, references to a “participant” shall apply to the nonparticipant spouse. (d) Notwithstanding Section 297 or 299.2 of the Family Code, a spouse as described in paragraph (3) of subdivision (a) does not include the domestic partner of the participant, pursuant to Section 7 of Title 1 of the United States Code. (e) If there is a determination of community property rights as described in Chapter 15 (commencing with Section 27400) of this part on or before December 31, 2006, the participant may elect the annuity that is required by the judgment or court order. Nothing in this part shall permit the participant to change the annuity to the detriment of the community property interest of the nonparticipant spouse. (Amended by Stats. 2017, Ch. 298, Sec. 24. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26807.6. Source version: id_a1665c35-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) A participant who retired and elected an annuity pursuant to Section 26807 may elect to change annuities, subject to all of the following: (1) A participant who elected a single life annuity with or without a cash refund feature or a period certain annuity may not change his or her annuity. (2) A participant who elected an annuity under paragraph (3) or (4) of subdivision (b) of Section 26807 may elect an annuity under paragraph (3) of subdivision (a) of Section 26807.5. (3) The election of the participant under this section is made on or after January 1, 2007, and prior to July 1, 2007. (4) The participant designates the same annuity beneficiary that was designated under the prior annuity elected by the participant, if the annuity and annuity designation were effective on December 31, 2006. (5) The annuity beneficiary is not afflicted with a known terminal illness and the participant declares, under penalty of perjury under the laws of this state, that to the best of his or her knowledge, the annuity beneficiary is not afflicted with a known terminal illness. (6) The annuity beneficiary has not predeceased the participant as of the effective date of the change in the annuity by the participant. (b) The change in the annuity by the participant shall be effective on the date the election is signed, provided that the election is on a properly executed form provided by the system and that election is received at the system’s headquarters office within 30 days after the date the election is signed. (c) After receipt of a participant’s election document, the system shall mail an acknowledgment notice to the participant that sets forth the new annuity elected by the participant. (d) If the participant and the annuity beneficiary are alive and not afflicted with a known terminal illness, a participant may cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the participant may elect to make a one-time change from the preexisting annuity to any other annuity provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change shall be made on a properly executed form provided by the system and shall be received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the participant elects to make the one-time change provided by this subdivision, the change shall be effective as of the participant’s signature date on the initial election to change. (e) If the system is unable to mail an acknowledgment notice to the participant on or before June 1, 2007, or prior to the end of the election period, provided that the participant and the annuity beneficiary are alive and not afflicted with a known terminal illness, the system shall allow a participant to cancel the election to change annuities and elect to receive the benefit according to the preexisting annuity election. After cancellation, the participant may elect to make a one-time change from the preexisting annuity to any other annuity provided by and subject to the restrictions of paragraph (1), (2), (3), or (4) of subdivision (a). The cancellation or the cancellation and one-time change may be made after the end of the election period if it is made on a properly executed form provided by the system and is received at the system’s headquarters office no later than 30 calendar days following the date of mailing of the acknowledgment notice. If the participant elects to make the one-time change provided by this subdivision, the change shall be effective as of the participant’s signature date on the initial election to change. (f) If the participant elects to change his or her annuity as described in subdivision (a) or (d), the participant’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) References to a “participant” in paragraph (1) of subdivision (a) shall apply to the nonmember spouse. (h) The participant shall not change annuities in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Amended by Stats. 2015, Ch. 123, Sec. 36. (AB 991) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26807.7. Source version: id_b390d0ba-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) A participant who retired and elected a beneficiary annuity pursuant to Section 26807.5 and designated his or her same-sex spouse or same-sex former spouse as annuity beneficiary may elect to change his or her annuity subject to all of the following: (1) A participant who elected the 100 percent beneficiary annuity or the 50 percent beneficiary annuity may elect to change his or her beneficiary annuity to the 75 percent beneficiary annuity described in paragraph (3) of subdivision (a) of Section 26807.5, provided the participant’s same-sex spouse or same-sex former spouse is more than exactly 19 years younger than the participant. (2) The annuity change made by the participant pursuant to this section is made on or after July 1, 2015, and on or before December 31, 2015. (3) The participant married a same-sex spouse, the marriage is or was recognized by the United States government, any state government, or any foreign government, and his or her same-sex spouse or same-sex former spouse was designated as his or her annuity beneficiary prior to July 1, 2015. (4) The same-sex spouse or same-sex former spouse is the current annuity beneficiary and remains the annuity beneficiary following the annuity change made pursuant to this section. (5) The annuity beneficiary has not predeceased the participant as of the effective date of the annuity change made by the participant pursuant to this section. (b) The annuity change made by a participant pursuant to subdivision (a) shall be deemed effective as of the effective date of the prior annuity election or June 26, 2013, whichever is later. (c) The annuity change made by the participant pursuant to subdivision (a) shall be on a properly executed form provided by the system subject to the following requirements: (1) The form is signed and dated by the participant and the participant’s spouse, if applicable, on or after July 1, 2015, and on or before December 31, 2015. (2) The date the form is received at the system’s headquarters office is within 30 calendar days after the date of the participant’s signature and within 30 calendar days after the date of the spouse’s signature, if applicable. (d) After receipt of a participant’s election, the system shall mail an acknowledgment notice to the participant that sets forth the new annuity elected by the participant. (e) A participant may cancel an annuity change made pursuant to subdivision (a) and elect to receive his or her benefit according to his or her prior annuity election provided the requirements of paragraphs (4) and (5) of subdivision (a) are still met. The cancellation shall become effective as of the date of the initial option change pursuant to subdivision (b) subject to the following requirements: (1) The cancellation is made on a properly executed form provided by the system. (2) The form includes the signatures of the participant and his or her spouse, if applicable, and the signatures are dated. (3) The form is received at the system’s headquarters office within 30 calendar days after the date of the acknowledgment notice described in subdivision (d), regardless of whether the form is received after December 31, 2015. (f) If a participant elects to change his or her annuity pursuant to subdivision (a), the participant’s annuity shall be modified in a manner determined by the board to prevent any additional liability to the plan. (g) A participant shall not change his or her annuity in derogation of a spouse’s or former spouse’s community property rights as specified in a court order. (Added by Stats. 2014, Ch. 755, Sec. 78. (SB 1220) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26808. Source version: id_f2f5837e-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) The annuity elected under this chapter shall be determined as a value actuarially equivalent to the sum of the employee account and the employer account as of the retirement date. The annuity shall be calculated using the age of the participant and, if the participant elected a joint and survivor option, the age of the beneficiary on the retirement date. (b) In the case of a participant who previously received an annuity that was terminated pursuant to Section 26810, the portion of the annuity derived from the amounts credited to the employee account and employer account as of the date the participant terminates the annuity shall be calculated using the actuarial assumptions in effect on the previous retirement date using the age of the participant and, if the participant elected a joint and survivor option, the age of the beneficiary on the current retirement date. (Amended by Stats. 2020, Ch. 275, Sec. 21. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26809. Source version: id_d1e84d2e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= Upon election of an annuity under this part, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve. (Amended by Stats. 1998, Ch. 965, Sec. 279. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26810. Source version: id_f48f8470-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) A participant who is employed to perform creditable service subject to coverage by the Cash Balance Benefit Program while receiving an annuity under the program may terminate the annuity upon written request to the system, effective upon a date designated by the participant, and make contributions to the program based on salary paid by the employer for the employment, subject to the following conditions: (1) The request for termination of the annuity is filed on a form prescribed by the system, and the form is executed no earlier than six months before the effective date of the termination. (2) The effective date of the termination of the annuity shall be no earlier than the first day of the month in which the request for termination is received in the system’s headquarters office. (b) A participant who files a request for termination of the annuity may cancel or change the termination upon written request to the system. The request for cancellation or change must be on a form provided by the system and shall be received in the system’s headquarters office no later than the last day of the month in which the request for termination to be canceled or changed is effective. (c) Upon termination of the annuity, the employee and employer account of the participant shall be credited with respective balances that reflect the actuarial equivalent of the participant’s retirement benefit as of the date the participant terminates the annuity and the Annuitant Reserve shall be reduced by the amount of the credits. (d) Upon election of a subsequent annuity, the credits in the participant’s employee account and employer account shall be transferred to the Annuitant Reserve. (Amended by Stats. 2020, Ch. 275, Sec. 22. (AB 2101) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26811. Source version: id_f9ae0194-ca30-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) Except as provided in subdivision (b), the annuity beneficiary under the joint and survivor annuity elected pursuant to paragraph (3) or (4) of subdivision (b) of Section 26807 or paragraph (2), (3), or (4) of subdivision (a) of Section 26807.5 shall be the person designated by the participant on the application for a retirement benefit under this part, and shall not be changed after the original retirement date unless the beneficiary has predeceased the participant. (b) (1) A participant may change the annuity beneficiary designated pursuant to this section without penalty by designating a trust as beneficiary if all of the following requirements are met: (A) The trust conforms to the definition of trust in Section 26105.5. (B) The beneficiary of the trust is the same person as the previously named annuity beneficiary. (C) The member files an application and any required documents in a form prescribed by the system. (2) If a trust is determined to be invalid or terminates after the system commences payment to the trust, beginning on the effective date of termination of the trust, the benefit shall be paid to, and all associated rights and responsibilities shall accrue to, the beneficiary of the trust so long as that beneficiary is eligible to receive a benefit pursuant to this section. (Amended by Stats. 2016, Ch. 559, Sec. 15. (AB 1875) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26812. Source version: id_32a6c663-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) A participant retired for service under this part may perform retired participant activities, but the participant shall not make contributions to the plan or accrue service credit under the Defined Benefit Program based on compensation earned from that service. The employer shall maintain accurate records of the earnings of the retired participant and report those earnings monthly to the system and retired participant. (b) If a participant is retired for service under this part, the annualized rate of pay for retired participant activities performed by that participant shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties. (c) A participant retired for service under this part shall not be required to reinstate for performing retired participant activities. (d) (1) If all of the following apply to a participant retired for service under this part, the participant’s annuity shall be reduced by the amount of the compensation: (A) The participant is receiving an annuity under the Cash Balance Benefit Program. (B) The participant is below normal retirement age or retired on or after January 1, 2014. (C) The participant earns compensation paid in cash for performing retired participant activities, excluding reimbursements paid by an employer for expenses incurred by the participant in which payment of the expenses by the participant is substantiated. (2) The reduction in paragraph (1) shall only be made for compensation paid in cash during the first 180 calendar days after a participant retired for service under this part. The amount of the reduction in an individual month shall be no more than the monthly annuity payable in that month, and the total amount of the reduction shall not exceed the amount of the annuity payable during the first 180 calendar days after a participant retired for service under this part. For written agreements pertaining to the performance of retired participant activities entered into, extended, renewed, or amended on or after January 1, 2014, the reduction in paragraph (1) shall also be made for payments made for the performance of retired participant activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer. (3) Subject to the limitation described in paragraph (4), if all of the following apply to a participant retired for service under this part, the participant’s application for the retirement benefit shall automatically be canceled: (A) The participant is anticipated to receive the retirement benefit in the form of a lump-sum payment. (B) The participant earns compensation for performing creditable service within 180 calendar days following the date of termination of employment. (4) Paragraph (3) does not apply if the participant has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A participant who has reached that age shall receive a distribution commencing on the earlier of the date that the participant has met the conditions of subdivision (b) of Section 26806 or the conditions of subdivision (c) of Section 26004. (e) If the participant has attained normal retirement age at the time the compensation is earned, subdivision (d) shall not apply if the appointment has been approved by the governing body of the employer in a public meeting, as reflected in a resolution adopted by the governing body of the employer prior to the performance of retired participant activities, expressing its intent to seek an exemption from the limitation specified in subdivision (d). Approval of the appointment shall not be placed on a consent calendar. Notwithstanding any other provision of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code or any state or federal law incorporated by Section 7927.705 of the Government Code, the resolution shall be subject to disclosure by the entity adopting the resolution and the system. The resolution shall include the following specific information and findings: (1) The nature of the employment. (2) A finding that the appointment is necessary to fill a critically needed position before 180 calendar days have passed. (3) A finding that the participant is not ineligible for application of this subdivision pursuant to subdivision (g). (4) A finding that the termination of employment of the retired participant with the employer is not the basis for the need to acquire the services of the participant. (f) Subdivision (e) shall not apply to a retired participant whose termination of employment with the employer is the basis for the need to acquire the services of the participant. (g) Subdivision (e) shall not apply if the participant received additional service credit pursuant to Section 22714 or 22715 or received from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the participant, even if not in cash, either before or after retirement, if the participant retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislature’s intent to make subdivision (e) inapplicable to participants if the participant received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer. (h) The superintendent, the county superintendent of schools, or the chief executive officer of a community college shall submit all documentation required by the system to substantiate the eligibility of the retired participant for application of subdivision (e), including, but not limited to, the resolution adopted pursuant to that subdivision. (i) The documentation required by this section shall be received by the system prior to the retired participant’s performance of retired participant activities. (j) Within 30 calendar days of the receipt of all documentation required by the system pursuant to this section, the system shall inform the entity seeking application of the exemption specified in subdivision (e) and the retired participant whether the compensation paid to the participant will be subject to the limitation specified in subdivision (d). (k) This section shall become inoperative on July 1, 2024, and shall become operative on July 1, 2026. (Amended by Stats. 2023, Ch. 885, Sec. 6. (SB 765) Effective January 1, 2024. Inoperative on July 1, 2024, and will resume operation on July 1, 2026, by its own provisions. See later operative version added by Sec. 7 of Stats. 2023, Ch. 885.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26812. Source version: id_bf81ff75-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= (a) A participant retired for service under this part may perform retired participant activities, but the participant shall not make contributions to the plan or accrue service credit under the Defined Benefit Program based on compensation earned from that service. The employer shall maintain accurate records of the earnings of the retired participant and report those earnings monthly to the system and retired participant. (b) If a participant is retired for service under this part, the annualized rate of pay for retired participant activities performed by that participant shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties. (c) A participant retired for service under this part shall not be required to reinstate for performing retired participant activities. (d) (1) If all of the following apply to a participant retired for service under this part, the participant’s annuity shall be reduced by the amount of the compensation: (A) The participant is receiving an annuity under the Cash Balance Benefit Program. (B) The participant is below normal retirement age or retired on or after January 1, 2014. (C) The participant earns compensation paid in cash for performing retired participant activities, excluding reimbursements paid by an employer for expenses incurred by the participant in which payment of the expenses by the participant is substantiated. (2) The reduction in paragraph (1) shall only be made for compensation paid in cash during the first 180 calendar days after a participant retired for service under this part. The amount of the reduction in an individual month shall be no more than the monthly annuity payable in that month, and the total amount of the reduction shall not exceed the amount of the annuity payable during the first 180 calendar days after a participant retired for service under this part. For written agreements pertaining to the performance of retired participant activities entered into, extended, renewed, or amended on or after January 1, 2014, the reduction in paragraph (1) shall also be made for payments made for the performance of retired participant activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer. (3) Subject to the limitation described in paragraph (4), if all of the following apply to a participant retired for service under this part, the participant’s application for the retirement benefit shall automatically be canceled: (A) The participant is anticipated to receive the retirement benefit in the form of a lump-sum payment. (B) The participant earns compensation for performing creditable service within 180 calendar days following the date of termination of employment. (4) Paragraph (3) does not apply if the participant has reached that age at which the Internal Revenue Code of 1986 requires a distribution of benefits. A participant who has reached that age shall receive a distribution commencing on the earlier of the date that the participant has met the conditions of subdivision (b) of Section 26806 or the conditions of subdivision (c) of Section 26004. (e) Subdivision (d) shall not apply if the Superintendent, the county superintendent of schools, or the chief executive officer of a community college submits a request for exemption to the system with certification, under penalty of perjury, of the following: (1) The nature of the employment. (2) That the appointment is necessary to fill a critically needed position before 180 calendar days have passed. (3) That the participant is not ineligible for application of this subdivision pursuant to subdivision (g). (4) That the termination of employment of the retired participant with the employer is not the basis for the need to acquire the services of the participant. (5) That the employer did not have a reduction-in-force layoff pursuant to Section 45117, 44955, or 44955.5, or pursuant to any other similar state law authorizing the termination of its employees, within the prior 18 months. (f) The Superintendent, a county superintendent of schools, or a chief executive officer of a community college district shall provide a written copy or written copies of the completed documentation required by this section submitted to the system pursuant to subdivision (e) that substantiates the need for the exemption to the exclusive representative of employees prior to the retired participant’s performance of retired participant activities. (g) Subdivision (e) shall not apply to a retired participant if any of the following conditions exist: (1) The participant has not attained normal retirement age at the time the compensation is earned. (2) The participant’s termination of employment with the employer is the basis for the need to acquire the services of the participant. (3) The participant received additional service credit pursuant to Section 22714 or 22715 or received from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the participant, even if not in cash, either before or after retirement, if the participant retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall liberally interpret this paragraph to further the Legislature’s intent to make subdivision (e) inapplicable to participants if the participant received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer. (h) The completed documentation required by this section shall be received by the system prior to the retired participant’s performance of retired participant activities. (i) Within 30 calendar days of the receipt of all documentation required by the system pursuant to this section, the system shall inform the entity seeking application of the exemption specified in subdivision (e) and the retired participant whether the compensation paid to the participant will be subject to the limitation specified in subdivision (d). (j) This section shall become operative on July 1, 2024. This section shall become inoperative as of July 1, 2026, and as of January 1, 2027, is repealed. (Added by Stats. 2023, Ch. 885, Sec. 7. (SB 765) Effective January 1, 2024. Operative July 1, 2024, by its own provisions. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 14. STATE TEACHERS’ RETIREMENT SYSTEM CASH BENEFIT PROGRAM [26000 - 28101] CHAPTER 9. Retirement Benefit [26800 - 26813] SECTION 26813. Source version: id_ccb377ec-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=14.&chapter=9.&article= A member retired for service under the Defined Benefit Program may perform retired participant activities in any one school year up to the limitation specified in Sections 24214 and 24214.5, but the member shall not make contributions to the fund. The employer shall maintain accurate records of the earnings of the retired member and report those earnings monthly to the system and retired member as described in Section 22461. (Amended by Stats. 2013, Ch. 559, Sec. 43. (AB 1381) Effective January 1, 2014. Deemed operative January 1, 2013, by Sec. 1 of Ch. 559.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 1. Uniform Fire Signals [32001- 32001.] SECTION 32001. Source version: id_d1fdd08e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=1. Every public, private, or parochial school building having an occupant capacity of 50 or more pupils or students or more than one classroom shall be provided with a dependable and operative fire alarm system. Every person and public officer managing, controlling, or in charge of any public, private, or parochial school shall cause the fire alarm signal to be sounded upon the discovery of fire, unless the school is equipped with an automatic fire detection, and alarm system, which may include, but for the purposes of this section is not required to include, a sprinkler system, as described in Section 17074.52. Every person and public officer managing, controlling, or in charge of any public, private, or parochial school, other than a two-year community college, shall cause the fire alarm signal to be sounded not less than once every calendar month and shall conduct a fire drill at least once every calendar month at the elementary level and at least four times every school year at the intermediate levels. A fire drill shall be held at the secondary level not less than twice every school year. (Amended by Stats. 2001, Ch. 725, Sec. 4. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 10. Professional Boundaries Between Adults and Pupils and the Safety of Learning Environments [32100- 32100.] SECTION 32100. Source version: id_c821611e-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=10. (a) It is the intent of the Legislature that school districts, schools operated by county offices of education, charter schools, private schools, and state special schools and diagnostic centers operated by the department be safe and nurturing places for pupils that are free of fear and threats of violence and free of violent crimes and sexual offenses committed by, or intended to be committed by, other pupils, school employees, volunteers, and contractors. (b) On or before July 1, 2026, each governing board of a school district, county board of education, and governing body of a charter school or private school, and the department, for purposes of state special schools and diagnostic centers operated by the department, shall do both of the following: (1) Adopt written policies that promote safe environments for pupil learning and engagement, consistent with the legislative intent specified in subdivision (a), and that do both of the following: (A) Explicitly address professional boundaries (i) between pupils and school employees, adult volunteers, and school contractors, (ii) among and between pupils, and (iii) among and between adults employed, volunteering, or under contract. (B) Establish appropriate limits on contact during or outside of the schoolday between pupils and school employees, volunteers, and school contractors via social media internet platforms, text messaging, and other forms of communication that do not otherwise include the pupil’s parent or guardian. The policies may vary the limitations based on the age or grade of the pupil. (2) Adopt written policies, plans, or specifications regarding school facilities, and the furnishing of school facilities, that address classroom and nonclassroom environments to promote safe environments for learning and engagement that are easily supervised. (c) School districts, county offices of education, and charter schools are encouraged to work with their public entity risk pool joint powers authority or insurance provider to identify and adopt best practices known to prevent violent crimes, injury, sex offenses, and egregious misconduct. (d) For purposes of this article, the following definitions apply: (1) “Sex offense” has the same meaning as defined in Section 44010. (2) “Small school district” means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year. (3) “Violent crime” has the same meaning as defined in Section 32281. (Added by Stats. 2025, Ch. 460, Sec. 1. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 2. Gates to School Grounds [32020- 32020.] SECTION 32020. Source version: id_d1fdd092-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=2. The governing board of every school district, and the governing authority of every private school, which maintains any building used for the instruction or housing of school pupils on land entirely enclosed (except for building walls) by fences or walls, shall, through cooperation with the local law enforcement and fire protection agencies having jurisdiction of the area, make provision for the erection of gates in such fences or walls. The gates shall be of sufficient size to permit the entrance of the ambulances, police equipment, and firefighting apparatus, used by the law enforcement and fire protection agencies. There shall be no less than one such access gate and there shall be as many such gates as needed to assure access to all major building and grounds areas. If such gates are to be equipped with locks, the locking devices shall be designed to permit ready entrance by the use of the chain or bolt cutting devices with which the local law enforcement and fire protection agencies may be equipped. (Amended by Stats. 1981, Ch. 470, Sec. 28.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 3. School Eye Safety [32030 - 32034] SECTION 32030. Source version: id_d1fdd096-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=3. It shall be the duty of the governing board of every school district, and of every county superintendent of schools, and of every person, firm, or organization maintaining any private school, in this state, to equip schools with eye protective devices as defined in Section 32032, for the use of all students, teachers, and visitors when participating in the courses which are included in Section 32031. It shall be the duty of the superintendents, principals, teachers or instructors charged with the supervision of any class in which any such course is conducted, to require such eye protective devices to be worn by students, teachers, or instructors and visitors under the circumstances prescribed in Section 32031. (Amended by Stats. 1981, Ch. 470, Sec. 29.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 3. School Eye Safety [32030 - 32034] SECTION 32031. Source version: id_d1ff5738-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=3. The eye protective devices shall be worn in courses including, but not limited to, vocational or industrial arts shops or laboratories, and chemistry, physics or combined chemistry-physics laboratories, at any time at which the individual is engaged in, or observing, an activity or the use of hazardous substances likely to cause injury to the eyes. Hazardous substances likely to cause physical injury to the eyes include materials which are flammable, toxic, corrosive to living tissues, irritating, strongly sensitizing, radioactive, or which generate pressure through heat, decomposition or other means as defined in the California Hazardous Substances Labeling Act. Activity or the use of hazardous substances likely to cause injury to the eyes includes, but is not necessarily limited to, the following: 1. Working with hot molten metal. 2. Milling, sawing, turning, shaping, cutting, grinding and stamping of any solid materials. 3. Heat treating, tempering, or kiln firing of any metal or other materials. 4. Gas or electric arc welding. 5. Repairing or servicing of any vehicles, or other machinery or equipment. 6. Working with hot liquids or solids or with chemicals which are flammable, toxic, corrosive to living tissues, irritating, strongly sensitizing, radioactive, or which generate pressure through heat, decomposition, or other means. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 3. School Eye Safety [32030 - 32034] SECTION 32032. Source version: id_d1ff573a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=3. For purposes of this article the eye protective devices utilized shall be industrial quality eye protective devices which meet the standards of the American National Standards Institute for “Practice for Occupational and Educational Eye and Face Protection” (Z87.1-1968), and subsequent standards that are adopted by the American National Standards Institute for “Practice for Occupational and Educational Eye and Face Protection.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 3. School Eye Safety [32030 - 32034] SECTION 32033. Source version: id_d1ff573c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=3. The eye protective devices may be sold to the pupils and teachers or instructors at a price that shall not exceed the actual cost of the eye protective devices to the school or governing board. This section shall become operative January 1, 1992. (Amended (as enacted by Stats. 1976, Ch. 1010) by Stats. 1987, Ch. 1118, Sec. 2. Section operative January 1, 1992, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 3. School Eye Safety [32030 - 32034] SECTION 32034. Source version: id_d200ddde-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=3. The term eye protective devices as used in Sections 32030 to 32033, inclusive, shall not include prescription lenses as defined in Chapter 5.4 (commencing with Section 2540), Division 2, Business and Professions Code. Prescription lenses which meet the standards set forth in Section 32032 may be used by persons doing the work described in Item 6 of Section 32031 in a classroom under the supervision of appropriate personnel. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 4. First Aid Equipment [32040 - 32044] SECTION 32040. Source version: id_d200dde2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=4. The governing board of any school district, superintendent of schools, or principal in whom is vested the administration or supervision of any public or private school in the state shall equip the school with a first aid kit, whenever any pupils of the school are conducted or taken on field trips under the supervision or direction of any teacher in, or employee or agent of, the school. (Amended by Stats. 1981, Ch. 470, Sec. 30.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 4. First Aid Equipment [32040 - 32044] SECTION 32041. Source version: id_d200dde4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=4. The teacher, instructor agent, or employee shall have the first aid kit in his possession, or immediately available, while conducting the field trip. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 4. First Aid Equipment [32040 - 32044] SECTION 32043. Source version: id_d200dde6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=4. (a) Whenever a field trip is conducted into an area which is commonly known to be infested by poisonous snakes, the first aid kit may include a snakebite kit. (b) Any first aid kit or snakebite kit taken into an area which is commonly known to be infested by poisonous snakes shall contain medically accepted snakebite remedies. (c) Any field trip into an area which is commonly known to be infested by poisonous snakes that is conducted by any public or private school in the state shall be accompanied by a teacher, employee, or agent of the school who has completed a course in first aid, certified by the American Red Cross, which emphasizes the treatment of snakebites. It shall be the responsibility of the school conducting the field trip to comply with the requirements of this section and nothing in this section shall be construed as requiring the American Red Cross to provide first aid courses in any manner or location. (Amended by Stats. 1983, Ch. 416, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 4. First Aid Equipment [32040 - 32044] SECTION 32044. Source version: id_d200dde8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=4. Any member of the governing board of any school district, and any superintendent of schools, principal, teacher, instructor, or agent who willfully violates the provisions of this article is guilty of a misdemeanor. (Amended by Stats. 1981, Ch. 470, Sec. 31.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 5. Hazing Laws [32051- 32051.] SECTION 32051. Source version: id_8872b160-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=5. (a) For purposes of this section, the following definitions apply: (1) “Hazing” means a method of initiation or preinitiation into a student organization or student body that is likely to cause serious bodily injury to a former, current, or prospective pupil of a school. “Hazing” does not include customary athletic events or school-sanctioned events. (2) “School” means a public or private school in the state maintaining kindergarten or any of grades 1 to 12, inclusive. (b) On or before July 1, 2025, the department shall make available on the department’s internet website both of the following: (1) A model antihazing policy for local educational agencies. (2) Resources on hazing prevention for professional development purposes and for increasing awareness among pupils, school staff, and community members of the dangers of hazing. (c) Schools are encouraged to use the resources made available by the department pursuant to paragraph (2) of subdivision (b) for professional development purposes and for increasing awareness among pupils, school staff, and community members of the dangers of hazing. (Added by Stats. 2024, Ch. 704, Sec. 1. (AB 2193) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 6. Toxic Art Supplies in Schools [32060 - 32066] SECTION 32060. Source version: id_d2026492-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=6. (a) The Legislature finds and declares that art supplies which contain toxic substances or which are potential human carcinogens pose a significant danger to the health and safety of school children. The Legislature also finds and declares that school children are not sufficiently protected by present health laws in so far as materials which may be seriously harmful are not so labeled and therefore children are not properly warned as to the dangers inherent in the use of those materials. (b) The Legislature intends by this article to ensure that elementary school children are protected by prohibiting the sale of these toxic substances to schools, school districts, and private schools for use in kindergarten and grades 1 to 6, inclusive, and that the toxic substances may be purchased by schools, school districts, and private schools for students in grades 7 to 12, inclusive, only if the materials are properly labeled, as described in Section 32064. (Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 6. Toxic Art Supplies in Schools [32060 - 32066] SECTION 32061. Source version: id_d203eb34-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=6. “Art or craft material” means any raw or processed material or manufactured product marketed or being represented by the manufacturer or repackager as being suitable for use in the demonstration or the creation of any work of visual or graphic art of any medium. These media may include, but shall not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, and leather and textile goods. (Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 6. Toxic Art Supplies in Schools [32060 - 32066] SECTION 32062. Source version: id_d203eb36-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=6. (a) “Human carcinogen” means any substance listed as a human carcinogen by the International Agency for Research on Cancer. (b) “Potential human carcinogen” means one of the following: (1) Any substance which does not meet the definition of human carcinogen, but for which there exists sufficient evidence of carcinogenicity in animals, as determined by the International Agency for Research on Cancer. (2) Any chemical shown to be changed by the human body into a human carcinogen. (Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 6. Toxic Art Supplies in Schools [32060 - 32066] SECTION 32063. Source version: id_d203eb38-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=6. “Toxic substance causing chronic illness” means any of the following: (a) Human carcinogens. (b) Potential human carcinogens. (c) Any substance included in the list of hazardous substances prepared by the Director of Industrial Relations, pursuant to Section 6382 of the Labor Code, notwithstanding exemptions made for substances on the list which are used in particular forms, circumstances, or concentrations, if the health hazard presented by the substance is not the subject of label statements required by federal law. (Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 6. Toxic Art Supplies in Schools [32060 - 32066] SECTION 32064. Source version: id_d203eb3a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=6. (a) For the 1987–88 academic year and for each academic year thereafter, no art or craft material that is deemed by the State Department of Health Services to contain a toxic substance, as defined by the California Hazardous Substance Act, Chapter 4 (commencing with Section 108100) of Part 3 of Division 104 of the Health and Safety Code, or a toxic substance causing chronic illness, as defined in this article, shall be ordered or purchased by any school, school district, or governing authority of a private school in California for use by students in kindergarten and grades 1 to 6, inclusive. (b) Commencing June 1, 1987, any substance that is defined in subdivision (a) as a toxic substance causing chronic illness shall not be purchased or ordered by a school, school district, or governing authority of a private school for use by students in grades 7 to 12, inclusive, unless it meets the labeling standards specified in Section 32065. (c) If the State Department of Health Services finds that, because the chronically toxic, carcinogenic, or radioactive substances contained in an art or craft product cannot be ingested, inhaled, or otherwise absorbed into the body during any reasonably foreseeable use of the product in a way that could pose a potential health risk, the department may exempt the product from these requirements to the extent it determines to be consistent with adequate protection of the public health and safety. (d) For the purposes of this article, an art or craft material shall be presumed to contain an ingredient that is a toxic substance causing chronic illness if the ingredient, whether an intentional ingredient or an impurity, is 1 percent or more by weight of the mixture or product, or if the State Department of Health Services determines that the toxic or carcinogenic properties of the art or craft material are such that labeling is necessary for the adequate protection of the public health and safety. (Amended by Stats. 1996, Ch. 1023, Sec. 31. Effective September 29, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 6. Toxic Art Supplies in Schools [32060 - 32066] SECTION 32065. Source version: id_d203eb3c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=6. Warning labels for substances specified in Section 32064 shall meet all of the following standards: (a) The warning label shall be affixed in a conspicuous place and shall contain the signal word “WARNING,” to alert users of potential adverse health effects. (b) The warning label shall contain information on the health-related dangers of the art or craft material. (1) If the product contains a human carcinogen, the warning shall contain the statement: “CANCER HAZARD! Overexposure may create cancer risk.” (2) If the product contains a potential human carcinogen, and does not contain a human carcinogen, the warning shall contain the statement: “POSSIBLE CANCER HAZARD! Overexposure might create cancer risk.” (3) If the product contains a toxic substance causing chronic illness, the warning shall contain, but not be limited to, the following statement or statements where applicable: (A) May cause sterility or damage to reproductive organs. (B) May cause birth defects or harm to developing fetus. (C) May be excreted in human milk causing harm to a nursing infant. (D) May cause central nervous system depression or injury. (E) May cause numbness or weakness in the extremities. (F) Overexposure may cause damage to (specify organ). (G) Heating above (specify degrees) may cause hazardous decomposition products. (4) If a product contains more than one chronically toxic substance, or if a single substance can cause more than one chronic health effect, the required statements may be combined into one warning statement. (c) The warning label shall contain a list of ingredients that are toxic substances causing chronic illness. (d) The warning label shall contain a statement or statements of safe use and storage instructions, conforming to the following list. The label shall contain, but not be limited to, as many of the following risk statements as are applicable: (1) Keep out of reach of children. (2) When using, do not eat, drink, or smoke. (3) Wash hands after use and before eating, drinking, or smoking. (4) Keep container tightly closed. (5) Store in well ventilated area. (6) Avoid contact with skin. (7) Wear protective clothing (specify type). (8) Wear NIOSH certified masks for dust, mists, or fumes. (9) Wear NIOSH certified respirator with appropriate cartridge for (specify type). (10) Wear NIOSH certified supplied air respirator. (11) Use window exhaust fan to remove vapors and assure adequate ventilation (specify explosion proof if necessary). (12) Use local exhaust hood (specify type). (13) Do not heat above (specify degrees) without adequate ventilation. (14) Do not use/mix with (specify material). (e) The warning label shall contain a statement on where to obtain more information, such as, “Call your local poison control center for more health information.” (f) The warning label, or any other label on the substance, shall contain the name and address of the manufacturer or repackager. (g) If all of the above information cannot fit on the package label, a package insert shall be required to convey all the necessary information to the consumer. In this event, the label shall contain a statement to refer to the package insert, such as “CAUTION: See package insert before use.” For purposes of this section, “package insert” means a display of written, printed, or graphic matter upon a leaflet or suitable material accompanying the art supply. The language on this insert shall be nontechnical and nonpromotional in tone and content. The requirements set forth in subdivisions (a) to (g), inclusive, shall not be considered to be complied with unless the required words, statements, or other information appear on the outside container or wrapper, or on a package insert that is easily legible through the outside container or wrapper and is painted in a color in contrast with the product or the package containing the product. An art or craft material shall be considered to be in compliance with this section if Article 6 (commencing with Section 108500) of Chapter 4 of Part 3 of Division 104 of the Health and Safety Code requires labeling of the art or craft material, and if the material is in compliance with that article. The manufacturer of any art or craft material sold, distributed, offered for sale, or exposed for sale in this state shall supply upon request to the State Department of Health Services any information required by the department in order to perform its duties under this article. (Amended by Stats. 1996, Ch. 1023, Sec. 32. Effective September 29, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 6. Toxic Art Supplies in Schools [32060 - 32066] SECTION 32066. Source version: id_d20571de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=6. The State Department of Health Services shall, by June 1, 1987, develop a list of those art or craft materials which cannot be purchased or ordered for use in kindergarten and in grades 1 to 6, inclusive, and a list of materials which, while not currently sold or manufactured, may be reasonably suspected to still exist at some schools. In developing the lists, the State Department of Health Services shall consult with manufacturers of art supplies, artists’ groups, health organizations, and toxicologists as the State Department of Health Services deems appropriate. The Department of Health Services shall periodically update the lists as it deems appropriate. The Superintendent of Public Instruction shall distribute the lists to all school districts and the governing authorities of all private schools in California, and shall make the lists available to preschools, childcare centers, and other businesses and organizations which involve children in the use of art or craft materials. The superintendent shall inform school districts and governing authorities of all private schools of the requirements of this article, and shall encourage school districts and the governing authorities of all private schools to dispose of art or craft material which may contain human carcinogens, potential human carcinogens, or chronically toxic substances, but which is not affected by this article. (Added by Stats. 1986, Ch. 252, Sec. 1. Operative June 1, 1987, by Sec. 3 of Ch. 252. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 7. Carbon Monoxide Devices [32080 - 32081] SECTION 32080. Source version: id_11353ac2-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=7. For purposes of this article, “fossil fuel” has the same meaning as defined in Section 13262 of the Health and Safety Code. (Added by Stats. 2013, Ch. 475, Sec. 2. (AB 56) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 1. School Safety—Public and Private Institutions [32001 - 32100] ARTICLE 7. Carbon Monoxide Devices [32080 - 32081] SECTION 32081. Source version: id_11353ac4-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=1.&article=7. (a) By July 1, 2015, the State Fire Marshal shall propose for adoption by the California Building Standards Commission, for the commission’s next triennial code adoption cycle, appropriate standards for the installation of carbon monoxide devices in school buildings. The proposed building standards shall require carbon monoxide devices to be installed in public and private school buildings that meet all of the following criteria: (1) The school building is constructed pursuant to the 2016 California Building Standards Code (Title 24 of the California Code of Regulations), or any amendments to the California Building Standards Code which follow. (2) The school building is used for educational purposes for kindergarten or any of grades 1 to 12, inclusive. (3) A fossil fuel burning furnace is located inside the school building. (b) A private or public school that uses a school building for educational purposes for kindergarten or any of grades 1 to 12, inclusive, that was built before the adoption of the 2016 California Building Standards Code (Title 24 of the California Code of Regulations), and has a fossil fuel burning furnace located inside the school building is encouraged to have a carbon monoxide device installed in the building. (Added by Stats. 2013, Ch. 475, Sec. 2. (AB 56) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 2. Willful Disturbance, Public Schools or Meetings [32210 - 32212] SECTION 32210. Source version: id_d206f886-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=2. Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500). (Amended by Stats. 1983, Ch. 1092, Sec. 83. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 2. Willful Disturbance, Public Schools or Meetings [32210 - 32212] SECTION 32211. Source version: id_d206f888-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=2. (a) Any person who is not a pupil of the public school, a parent or guardian of a pupil of the public school, or an officer or employee of the school district maintaining the public school, or who is not required by his or her employment to be in a public school building or on the grounds of the public school, and who has entered any public school building or the grounds of any public school, during school hours, and who is requested either by the principal of the public school or by the designee of the principal to leave a public school building or public school grounds, shall promptly depart therefrom and shall not return thereto for at least seven days. A request that a person depart from a public school building or public school grounds shall be made by the principal, or the designee of the principal, exclusively on the basis that it appears reasonable to the principal, or the designee of the principal to conclude that the continued presence of the person requested to depart would be disruptive of, or would interfere with, classes or other activities of the public school program. (b) Any person who fails to leave a public school building or public school grounds promptly upon request of the principal of the public school or the designee of the principal made pursuant to subdivision (a) or who, after leaving a public school building or public school grounds pursuant to a request of the principal of the public school, or the designee of the principal, made pursuant to subdivision (a), returns thereto, except pursuant to subdivision (d), within seven days, is guilty of a misdemeanor and shall be punished pursuant to Section 626.8 of the Penal Code. (c) Any person who is requested pursuant to subdivision (a) to leave a public school building or school grounds may appeal to the superintendent of the school district in which the public school is located. That appeal shall be made not later than the second succeeding schoolday after the person has departed from the public school building or public school grounds. The superintendent shall, after reviewing the matter with the principal, or the designee of the principal, and the person seeking ingress to the public school during school hours, render his or her decision within 24 hours after the appeal is made, and the decision shall be binding upon both parties. A decision of the superintendent may be appealed by the person seeking ingress to the public school during public school hours to the governing board of the school district in which the public school is located. That appeal shall be made not later than the second succeeding schoolday after the superintendent has rendered his or her decision. The governing board of the school district shall consider and decide the appeal at its next scheduled regular or adjourned regular public meeting, and the decision of the governing board shall be final. (d) Where the office of the superintendent of the school district or the office of the governing board of the school district is situated in the public school building or on the grounds of the public school from which a person has been requested, pursuant to subdivision (a), to depart, the person may enter the public school building or the grounds of the public school solely for the purpose of, and only to the extent necessary for, personally making, at the office of the superintendent or the office of the governing board, an appeal pursuant to subdivision (c). (e) The governing board of every school district shall cause to have posted at every entrance to each school and grounds of the district a notice which shall set forth “school hours,” which are hereby defined for the purposes of this section as the period commencing one hour before classes begin and one hour after classes end at any school, or as otherwise defined by the governing board of the school district. (f) For the purposes of subdivision (a), a representative of a school employee organization engaged in activities related to representation, as defined by Section 7104, shall be deemed to be a person required by his or her employment to be in a school building or on the grounds of a school. (g) Nothing in this section shall be construed as preempting any ordinance of any city, county, or city and county. (Amended by Stats. 2003, Ch. 552, Sec. 11. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 2. Willful Disturbance, Public Schools or Meetings [32210 - 32212] SECTION 32212. Source version: id_d2087f2a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=2. (a) The Legislature finds and declares that interruption of class time seriously impairs the educational process. (b) It is the intent of the Legislature that each governing board of a school district formally address the problem of classroom interruptions and adopt a policy to control those interruptions, consistent with local circumstances and practices. (c) The Superintendent of Public Instruction shall develop and distribute to each governing board of a school district a model policy for the reduction and control of classroom interruptions, including, but not limited to, intercom and public address system use. (Added by Stats. 1984, Ch. 495, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 3. Insurance for Athletic Teams [32220 - 32224] SECTION 32220. Source version: id_d2087f2e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=3. As used in this chapter: (a) “Educational institution” means a school district, a community college district, a state university, the University of California, and the State Department of Education special schools. (b) “Governing board” means the governing board of a school district or community college district, the Trustees of the California State University, and the Regents of the University of California. (c) “Member of an athletic team” means member of any extramural athletic team engaged in athletic events on or outside the school grounds, maintained or sponsored by the educational institution or a student body organization thereof. “Member of an athletic team” also includes members of school bands or orchestras, cheerleaders and their assistants, pompon girls, team managers and their assistants, and any student or pupil selected by the school or student body organization to directly assist in the conduct of the athletic event, including activities incidental thereto, but only while such members are being transported by or under the sponsorship or arrangements of the educational institution or a student body organization thereof to or from a school or other place of instruction and the place at which the athletic event is being conducted. Organized rooting sections, student body members who are spectators, and other spectator students, who are not actually participating in the conduct of the athletic event, are not members of an athletic team. Participants in a playday or field day activity occurring occasionally during a school year, in which students of one or more particular grade levels from two or more schools of a school district or community college district participate in athletic contests, are not members of an athletic team. Nothing in this subdivision shall be construed as prohibiting a governing board from extending the applicability of the provisions of this article to any of those persons, should the governing board elect so to do. (d) “Student body organization” means any student organization under supervision of the educational institution or its officers. (Amended by Stats. 1983, Ch. 143, Sec. 16.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 3. Insurance for Athletic Teams [32220 - 32224] SECTION 32221. Source version: id_d20a05d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=3. The governing board of any educational institution, except a school district or community college district and except the State Department of Education special schools as defined in Sections 59000, 59100, and 59200, shall provide for each member of an athletic team insurance protection for medical and hospital expenses resulting from accidental bodily injuries in an amount of at least five thousand dollars ($5,000) for all services for each member of an athletic team, through group, blanket, or individual policies of accident insurance from authorized insurers, or through a benefit and relief association described in paragraph (1) of subdivision (c) of Section 10493 of the Insurance Code. The coverage shall be for the injury to members of athletic teams arising while the members are engaged in or are preparing for an athletic event promoted under the sponsorship or arrangements of the educational institution or a student body organization thereof or while the members are being transported by or under the sponsorship or arrangements of the educational institution or a student body organization thereof to or from school or other place of instruction and the place of the athletic event. However, the Trustees of the California State University and the Regents of the University of California may authorize and require the student body organizations designated pursuant to this section, to be responsible for such medical and hospital expenses in any amount the trustees or the regents may specify, up to two hundred fifty dollars ($250), in which event the insurance protection for the health and accident expenses may include a deductible clause in the same amount. The governing board of each school district or community college district and the State Department of Education special schools as defined in Sections 59000, 59100, and 59200 shall provide for each member of an athletic team insurance protection for medical and hospital expenses resulting from accidental bodily injuries in one of the following amounts: (a) A group or individual medical plan with accidental benefits of at least two hundred dollars ($200) for each occurrence and major medical coverage of at least ten thousand dollars ($10,000), with no more than one hundred dollars ($100) deductible and no less than 80 percent payable for each occurrence. (b) Group or individual medical plans which are certified by the Insurance Commissioner to be equivalent to the required coverage of at least one thousand five hundred dollars ($1,500). (c) At least one thousand five hundred dollars ($1,500) for all medical and hospital expenses. Insurance protection in any of the above amounts shall be provided through group, blanket, or individual policies of accident insurance from authorized insurers or through a benefit and relief association described in paragraph (1) of subdivision (c) of Section 10493 of the Insurance Code. The coverage shall be for the injury to members of athletic teams arising while the members are engaged in or are preparing for an athletic event promoted under the sponsorship or arrangements of the educational institution or a student body organization thereof or while the members are being transported by or under the sponsorship or arrangements of the school districts or community college districts or a student body organization thereof to or from school or other place of instruction and the place of the athletic event. Minimum medical benefits under any insurance required by this subdivision shall be equivalent to the three dollars and fifty cents ($3.50) conversion factor as applied to the unit values contained in the minimum fee schedule adopted by the Division of Industrial Accidents of the Department of Industrial Relations, effective October 1, 1966. The Trustees of the California State University and the Board of Regents of the University of California shall designate any student body organizations the trustees and the regents deem appropriate to bear the entire cost of the insurance under this article, in such proportions as they deem equitable, and shall make appropriate deductions from any student body organization funds held by the institutions, or otherwise take such measures, as will assure the payment thereof. The governing boards of the various school districts or community college districts and the State Department of Education special schools shall require that each member of an athletic team have insurance protection as prescribed by this section, with the costs of the insurance protection to be paid either out of the funds of the district or the funds of the student body, or by any other persons on behalf of, the individual team members or students covered by the insurance. In the event that the governing board of a school district or community college district should determine that a member of an athletic team or the parents, guardian, or other person having charge or control of a member of an athletic team are financially unable to pay the costs of insurance protection, then the governing board shall require the costs of the protection to be paid either out of funds of the district or funds of the student body. The insurance required by this article shall be issued by an admitted insurer, or through a benefit and relief association described in paragraph (1) of subdivision (c) of Section 10493 of the Insurance Code. The insurance otherwise required by this section shall not be required for any individual team member or student who has insurance or a reasonable equivalent of health benefits coverage provided for him or her in any other way or manner, including, but not limited to, purchase by himself or herself, or by his or her parent or guardian. (Amended by Stats. 1983, Ch. 143, Sec. 17.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 3. Insurance for Athletic Teams [32220 - 32224] SECTION 32221.5. Source version: id_b2c892b2-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=3. (a) A school district that elects to operate an interscholastic athletic team or teams shall include the following statement, printed in boldface type of prominent size, in offers of insurance coverage that are sent to members of school athletic teams: “Under state law, school districts are required to ensure that all members of school athletic teams have accidental injury insurance that covers medical and hospital expenses. This insurance requirement can be met by the school district offering insurance or other health benefits that cover medical and hospital expenses. Some pupils may qualify to enroll in no-cost or low-cost local, state, or federally sponsored health insurance programs. Information about these programs may be obtained by calling ________ [Insert toll-free telephone number].” (b) The statement described in subdivision (a) shall also be incorporated into any other letters or printed materials, in boldface type of prominent size, that contain the name or logo, or both, of the school district and are sent to members of school athletic teams to inform them of the provisions of this article, or any other applicable provision of state law, regarding the provision of insurance protection. (c) The statement described in subdivision (a) shall include the toll-free telephone number or numbers for any of the following: (1) The Healthy Families Program. (2) Medi-Cal. (3) Any other comparable toll-free telephone number for a no-cost or low-cost local, state, or federally sponsored health insurance program. (d) All notices regarding insurance protection for members of athletic teams that are sent to team members are required to be translated pursuant to Section 48985. (Amended by Stats. 2007, Ch. 130, Sec. 57. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 3. Insurance for Athletic Teams [32220 - 32224] SECTION 32222. Source version: id_d20a05d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=3. Any claim for accidental bodily injuries described in this article which is subject to, and for which benefits have been paid under, the provisions of Division 4 (commencing with Section 3200) of the Labor Code is excluded from the required coverage and benefits under this article. Recreation activities under Chapter 10 (commencing with Section 10900) of Part 7 of this division, are excluded from the required coverage and benefits of this article. (Amended by Stats. 1980, Ch. 556, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 3. Insurance for Athletic Teams [32220 - 32224] SECTION 32223. Source version: id_d20a05d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=3. The coverage provided under this article shall not exclude additional or broader coverage by an educational institution or its student body organization. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 3. Insurance for Athletic Teams [32220 - 32224] SECTION 32224. Source version: id_d20a05d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=3. The insurance coverage provided under this article may contain the following provisions: (1) School administrative authorities shall certify whether an injured student applying for the insurance benefits is a student of the educational institution and is enrolled as a member of an athletic team. (2) The injured student, or his parents or guardian, shall notify school administrative authorities of his injury not later than 60 days from the date of injury. (3) Medical or hospital care or treatment must commence within 120 days from the date of injury. (4) The period of time for which benefits shall be payable is limited to 52 weeks from the date the student received his first medical or hospital care or treatment. Benefits shall be payable only for such treatment as is given within the United States. (Amended by Stats. 1980, Ch. 556, Sec. 3.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 3.5. Communication Devices in Classrooms [32225 - 32226] SECTION 32225. Source version: id_d20b8c7a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=3.5. It is the intent of the Legislature that if federal funding becomes available for the purposes of the article, the governing board of each school district and each county superintendent of schools equip schools with two-way communication devices to be installed in each classroom used by pupils in kindergarten and grades 1 to 12, inclusive, that is not currently so equipped. For the purposes of this section, classroom includes portable classrooms. The communication devices shall be for the use of teachers or other employees or agents of the school in the event of a medical emergency or violent crime in the classroom. (Added by Stats. 1995, Ch. 972, Sec. 4. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 3.5. Communication Devices in Classrooms [32225 - 32226] SECTION 32226. Source version: id_d20b8c7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=3.5. As used in this article, “two-way communication devices” include, but are not necessarily limited to, telephones, intercoms, walkie-talkies, or portable radios. (Added by Stats. 1995, Ch. 972, Sec. 4. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 4. Lead-Safe Schools Protection Act [32240 - 32245] SECTION 32240. Source version: id_d20e99d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=4. This article shall be known, and may be cited, as the “Lead-Safe Schools Protection Act.” (Added by Stats. 1992, Ch. 1317, Sec. 2. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 4. Lead-Safe Schools Protection Act [32240 - 32245] SECTION 32241. Source version: id_d20e99d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=4. (a) The State Department of Health Services shall conduct a sample survey of schools in this state for the purpose of developing risk factors to predict lead contamination in public schools. The survey shall include schools that are representative of the state by geographical region and size of enrollment. The schools to be surveyed shall be selected on the basis of their ability to provide data necessary to make scientifically valid estimates of the nature and extent of lead hazards. Risk factors shall include, but are not limited to, location in relation to high-risk areas, age of the facility, likely use of lead paint in or around the facility, numbers of children enrolled under the age of six, and results of lead screening programs established pursuant to Chapter 5 (commencing with Section 105275) of Part 5 of Division 103 of the Health and Safety Code. (b) For purposes of this article, “schools” mean public elementary schools, public preschools, and public day care facilities. (c) For purposes of this article, “public preschools” and “public day care facilities” mean preschools and day care facilities, respectively, located on public school property. (Amended by Stats. 1996, Ch. 1023, Sec. 33. Effective September 29, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 4. Lead-Safe Schools Protection Act [32240 - 32245] SECTION 32242. Source version: id_d20e99d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=4. The department shall do all of the following: (a) Design and implement a strategy for identifying the characteristics of high-risk schools and provide a basis for statewide estimates of the presence of lead in schools attended by young children. (b) Conduct a sample survey, as described in Section 32241, to determine the likely extent and distribution of lead exposure to children from paint on the school, soil in play areas at the school, drinking water at the tap, and other potential sources identified by the department for this purpose. To the maximum extent possible, limited sample testing shall be used to validate survey results. The department shall compile and summarize the results of that survey and report those results to the Legislature and the State Department of Education. (c) Within 60 days of the completion of testing a schoolsite, the department shall notify the principal of the school or director of the schoolsite of the survey results. Within 45 days of receiving the survey results, the principal or director, as the case may be, shall notify the teachers and other school personnel and parents of the survey results. (d) Make recommendations to the Legislature and the State Department of Education, based on the survey results and consideration of appropriate federal and state standards, on the feasibility and necessity of conducting statewide lead testing and any additional action needed relating to lead contamination in the schools. (e) As deemed necessary and appropriate in view of the survey results, develop environmental lead testing methods and standards to ensure the scientific integrity of results, for use by schools and contractors designated by schools for that purpose. (f) Evaluate the most current cost-effective lead abatement technologies. (g) Work with the State Department of Education to develop voluntary guidelines for distribution to requesting schools to ensure that lead hazards are minimized in the course of school repair and maintenance programs and abatement procedures. (Amended by Stats. 1993, Ch. 589, Sec. 36. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 4. Lead-Safe Schools Protection Act [32240 - 32245] SECTION 32243. Source version: id_d20e99d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=4. (a) When a school subject to this article has been determined to have significant risk factors for lead, the school shall be advised of this finding, and the school shall notify parents of the provisions of the Childhood Lead Poisoning Prevention Act of 1991 (pursuant to Chapter 5 (commencing with Section 105275) of Part 5 of Division 103 of the Health and Safety Code). Within 45 days of receiving this finding, the school principal or the director of the schoolsite shall notify the teachers, other personnel, and the parents of the finding. (b) Subsequent to the implementation by the state of a certification and training program for environmental lead testing and abatement, any school that undertakes any action to abate existing risk factors for lead shall utilize trained and state certified contractors, inspectors, and workers. (Amended by Stats. 1996, Ch. 1023, Sec. 34. Effective September 29, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 4. Lead-Safe Schools Protection Act [32240 - 32245] SECTION 32244. Source version: id_d2102078-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=4. Lead-based paint, lead plumbing and solders, or other potential sources of lead contamination shall not be utilized in the construction of any new school facility or the modernization or renovation of any existing school facility. (Amended by Stats. 1993, Ch. 589, Sec. 38. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 4. Lead-Safe Schools Protection Act [32240 - 32245] SECTION 32245. Source version: id_d210207a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=4. Funding to implement this article shall be provided from the Child Health and Safety Fund created under Chapter 4.6 (commencing with Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, upon appropriation by the Legislature pursuant to Section 18285 of the Welfare and Institutions Code. (Amended by Stats. 1993, Ch. 589, Sec. 39. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 5. School Safety and Security [32250 - 32254] SECTION 32250. Source version: id_d210207e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=5. The Legislature recognizes that crime, including vandalism, and violence have reached an alarming level at school sites throughout California. The Legislature further recognizes that there is a need for dealing with the complex problems of crime and violence at school sites and for developing effective techniques and programs to combat crime and violence at school sites. (Added by Stats. 1980, Ch. 788, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 5. School Safety and Security [32250 - 32254] SECTION 32251. Source version: id_d2102080-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=5. There is hereby created in the Department of Education the School Safety and Security Resource Unit. (Added by Stats. 1980, Ch. 788, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 5. School Safety and Security [32250 - 32254] SECTION 32252. Source version: id_d211a722-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=5. The primary functions of the School Safety and Security Resource Unit are all the following: (a) Identification of exemplary programs and techniques which have been effectively utilized by any county superintendent of schools or in any school district to combat crime and violence in the public schools, and dissemination of information relating to such programs and techniques to county superintendents of schools and school districts. (b) Provision of technical assistance to county superintendents of schools and school districts which are developing and implementing programs to deal with crime and violence at school sites. (c) Attempt to ascertain the underlying causes of violence and vandalism at school sites, and dissemination of such information to county superintendents of schools and school districts. (Added by Stats. 1980, Ch. 788, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2. School Safety—Public Institutions [32210 - 32254] ARTICLE 5. School Safety and Security [32250 - 32254] SECTION 32254. Source version: id_d211a726-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.&article=5. The Department of Education shall not be subject to the duties, obligations, and responsibilities prescribed by this article unless funds specifically appropriated for the purposes of this article are available. (Added by Stats. 1980, Ch. 788, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.3. Pupils’ Rights to Refrain From the Harmful or Destructive Use of Animals [32255 - 32255.6] SECTION 32255. Source version: id_63fc19db-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.3.&article= As used in this chapter: (a) “Animal” means any living organism of the kingdom animalia, beings that typically differ from plants in capacity for spontaneous movement and rapid motor response to stimulation by a usually greater mobility with some degree of voluntary locomotor ability and by greater irritability commonly mediated through a more or less centralized nervous system, beings that are characterized by a requirement for complex organic nutrients including proteins or their constituents that are usually digested in an internal cavity before assimilation into the body proper, and beings that are distinguished from typical plants by lack of chlorophyll, by an inability to perform photosynthesis, by cells that lack cellulose walls, and by the frequent presence of discrete complex sense organs. (b) “Alternative education project” includes, but is not limited to, the use of video recordings, models, films, books, and computers, which would provide an alternate avenue for obtaining the knowledge, information, or experience required by the course of study in question. “Alternative education project” also includes “alternative test.” (c) “Pupil” means a person under 18 years of age who is matriculated in a course of instruction in an educational institution within the scope of Section 32255.5. For the purpose of asserting the pupil’s rights and receiving any notice or response pursuant to this chapter, “pupil” also includes the parents of the matriculated minor. (Amended by Stats. 2009, Ch. 88, Sec. 23. (AB 176) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.3. Pupils’ Rights to Refrain From the Harmful or Destructive Use of Animals [32255 - 32255.6] SECTION 32255.1. Source version: id_5d588ab6-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.3.&article= (a) Except as otherwise provided in Section 32255.6, any pupil with a moral objection to dissecting or otherwise harming or destroying animals, or any parts thereof, shall notify his or her teacher regarding this objection, upon notification by the school of his or her rights pursuant to Section 32255.4. (b) If the pupil chooses to refrain from participation in an education project involving the harmful or destructive use of animals, and if the teacher believes that an adequate alternative education project is possible, the teacher may work with the pupil to develop and agree upon an alternate education project for the purpose of providing the pupil an alternate avenue for obtaining the knowledge, information, or experience required by the course of study in question. (c) The alternative education project shall require a comparable time and effort investment by the pupil. It shall not, as a means of penalizing the pupil, be more arduous than the original education project. (d) The pupil shall not be discriminated against based upon his or her decision to exercise his or her rights pursuant to this chapter. (e) Pupils choosing an alternative educational project shall pass all examinations of the respective course of study in order to receive credit for that course of study. However, if tests require the harmful or destructive use of animals, a pupil may, similarly, seek alternative tests pursuant to this chapter. (f) A pupil’s objection to participating in an educational project pursuant to this section shall be substantiated by a note from his or her parent or guardian. (Amended by Stats. 2006, Ch. 538, Sec. 100. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.3. Pupils’ Rights to Refrain From the Harmful or Destructive Use of Animals [32255 - 32255.6] SECTION 32255.3. Source version: id_d2132dce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.3.&article= (a) A teacher’s decision in determining if a pupil may pursue an alternative educational project or be excused from the project shall not be arbitrary or capricious. (b) Nothing in this chapter shall prevent any pupil from pursuing the grievance procedures in existing law. (Added by Stats. 1988, Ch. 65, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.3. Pupils’ Rights to Refrain From the Harmful or Destructive Use of Animals [32255 - 32255.6] SECTION 32255.4. Source version: id_d2132dd0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.3.&article= Each teacher teaching a course that utilizes live or dead animals or animal parts shall also inform the pupils of their rights pursuant to this chapter. (Added by Stats. 1988, Ch. 65, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.3. Pupils’ Rights to Refrain From the Harmful or Destructive Use of Animals [32255 - 32255.6] SECTION 32255.5. Source version: id_d214b372-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.3.&article= Notwithstanding any provision of law to the contrary, this chapter applies to all levels of instruction in all public schools operating programs from kindergarten through grades 1 to 12, inclusive. (Added by Stats. 1988, Ch. 65, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.3. Pupils’ Rights to Refrain From the Harmful or Destructive Use of Animals [32255 - 32255.6] SECTION 32255.6. Source version: id_d214b374-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.3.&article= Classes and activities, conducted as part of a program in agricultural education that provide instruction on the care, management, and evaluation of domestic animals are exempt from the provisions of this chapter. (Added by Stats. 1988, Ch. 65, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 1. General Provisions [32260 - 32262] SECTION 32260. Source version: id_d214b37a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=1. This chapter shall be known and may be referred to as the Interagency School Safety Demonstration Act of 1985. (Added by Stats. 1985, Ch. 1457, Sec. 1. Effective October 1, 1985.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 1. General Provisions [32260 - 32262] SECTION 32261. Source version: id_3092afcf-3180-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=1. (a) The Legislature hereby recognizes that all pupils enrolled in the state public schools have the inalienable right to attend classes on school campuses that are safe, secure, and peaceful. The Legislature also recognizes that pupils cannot fully benefit from an educational program unless they attend school on a regular basis. In addition, the Legislature further recognizes that school crime, vandalism, truancy, and excessive absenteeism are significant problems on far too many school campuses in the state. (b) The Legislature hereby finds and declares that the establishment of an interagency coordination system is the most efficient and long-lasting means of resolving school and community problems of truancy and crime, including vandalism, drug and alcohol abuse, gang membership, gang violence, and hate crimes. (c) It is the intent of the Legislature in enacting this chapter to support California public schools as they develop their mandated comprehensive safety plans that are the result of a systematic planning process, that include strategies aimed at the prevention of, and education about, potential incidents involving crime and violence on school campuses, and that address the safety concerns of local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, school police, and other school employees interested in the prevention of school crime and violence. (d) It is the intent of the Legislature in enacting this chapter to encourage school districts, county offices of education, law enforcement agencies, and agencies serving youth to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment. (e) It is the intent of the Legislature in enacting this chapter that the School/Law Enforcement Partnership shall not duplicate any existing gang or drug and alcohol abuse program currently provided for schools. (f) As used in this chapter, “bullying” has the same meaning as set forth in subdivision (r) of Section 48900. (g) As used in this chapter, “electronic act” has the same meaning as set forth in subdivision (r) of Section 48900. (Amended by Stats. 2011, Ch. 732, Sec. 2. (AB 1156) Effective January 1, 2012. Operative July 1, 2012, by Sec. 8 of Ch. 732.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 1. General Provisions [32260 - 32262] SECTION 32262. Source version: id_d2163a1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=1. (a) There is hereby established the School/Law Enforcement Partnership, comprised of the Superintendent of Public Instruction and the Attorney General. The duties of the partnership shall consist of all of the following: (1) The development of programs and policies necessary to implement the provisions of Article 5 (commencing with Section 32280). (2) The administration of safe school programs and all training, procedures, and activities conducted pursuant to this chapter. (3) Cooperation with other states and state and federal agencies on matters relating to school safety. (b) As used in this chapter, the term “partnership” means the School/Law Enforcement Partnership established by this section. (Amended by Stats. 2003, Ch. 828, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 2. Conferences [32265- 32265.] SECTION 32265. Source version: id_8ae2d8ac-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=2. (a) The partnership shall sponsor at least two regional conferences for school districts, county offices of education, agencies serving youth, allied agencies, community-based organizations, and law enforcement agencies to identify exemplary programs and techniques that have been effectively used to reduce school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and gang violence, truancy, and excessive absenteeism. (b) The conference may include, but need not be limited to, information on all of the following topics: (1) Interagency collaboration between schools, agencies serving youth, law enforcement agencies, and others. (2) School attendance. (3) School safety. (4) Citizenship education. (5) Drug and alcohol abuse. (6) Child abuse prevention, detection, and reporting. (7) Parental education. (8) Crisis response training. (9) Bullying prevention, including the prevention of acts committed personally or by means of an electronic act. (10) Threat assessment. (11) Conflict resolution and youth mediation. (12) Teen relationship violence. (13) Discrimination and harassment reporting and prevention, including, but not limited to, sexual harassment reporting and prevention. (14) Hate crime reporting and prevention. (15) Reporting and prevention of abuse against pupils with disabilities. (Amended by Stats. 2008, Ch. 646, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 3. School Safety Cadre [32270- 32270.] SECTION 32270. Source version: id_8b7de02e-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=3. (a) The partnership shall establish a statewide school safety cadre for the purpose of facilitating interagency coordination and collaboration among school districts, county offices of education, agencies serving youth, allied agencies, community-based organizations, and law enforcement agencies to improve school attendance, encourage good citizenship, and to reduce school violence, school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and gang violence, truancy rates, bullying, including acts that are committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment. (b) The partnership may appoint up to 100 professionals from educational agencies, community-based organizations, allied agencies, and law enforcement to the statewide cadre. (c) The partnership shall provide training to the statewide cadre representatives to enable them to initiate and maintain school community safety programs among school districts, county offices of education, agencies serving youth, allied agencies, community-based organizations, and law enforcement agencies in each region. (Amended by Stats. 2008, Ch. 646, Sec. 3. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 4. Program Assessment [32275- 32275.] SECTION 32275. Source version: id_d217c0ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=4. The partnership shall annually assess the programs and activities under the Interagency School Safety Demonstration Act of 1985. The assessment shall include, but not be limited to, all of the following: (a) An assessment of the appropriateness and effectiveness of the statewide conferences conducted pursuant to Article 2 (commencing with Section 32265). (b) An assessment of the extent to which the statewide school safety cadre has been able to provide appropriate technical assistance to school districts, county offices of education, and law enforcement agencies. (c) An assessment of the effectiveness of the ongoing training on safe schools and crisis response provided pursuant to subdivision (c) of Section 32270. (Added by renumbering Section 32295 by Stats. 2003, Ch. 828, Sec. 9. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32280. Source version: id_a1597c60-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, the school’s public entity risk pool joint powers authority or insurance provider, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. (b) It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. (c) For the purposes of this section, law enforcement agencies include local police departments, county sheriffs’ offices, school district police or security departments, probation departments, and district attorneys’ offices. (d) For purposes of this section, a “safety plan” means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus. (Amended by Stats. 2025, Ch. 460, Sec. 2. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32280.5. Source version: id_8d5aa4d2-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) On or before July 1, 2030, each public school, including charter schools, with an enrollment of 100 pupils or more is encouraged to implement a web-based or app-based school safety program that includes the following program parameters: (1) A common alphanumeric grid mapping system for the identification of all buildings and locations upon the schoolsite that is replicable across all schoolsites in the state, with each building within the mapped system having conspicuous signage upon all corners of the structure listing the alphanumeric identification and any other pertinent information. (2) A multilayered digital map of the schoolsite that contains key information, including, but not limited to, detailed building floor plans, alphanumeric building identification, gate locations, shut-off valve locations, first aid equipment locations, automated external defibrillator locations, links to 360-degree interior and 360-degree aerial photography, and the location of, and field of view of, schoolsite surveillance cameras. (3) The ability to place time stamped event markers on the digital map that identify important information about a crisis, including, but not limited to, injuries, hazards, suspect sightings, and safety zones. (4) (A) The ability to alert first responders from multiple agencies within a reasonable geographic area from the school in the event of an emergency on or around the schoolsite. (B) A designated schoolsite administrator or staff member may request law enforcement assistance using the web-based or app-based school safety program only when there is a situation involving imminent danger of serious physical injury or death to a person on school property, and shall not request law enforcement assistance in a situation that can be safely and appropriately handled by the school’s internal pupil disciplinary procedures, even if a parent or guardian requests the designated schoolsite administrator or staff member to request law enforcement assistance. A parent or guardian who requests the designated schoolsite administrator or staff member to request law enforcement assistance when there is no imminent danger of serious physical injury or death to a person on school property shall be informed that school policy requires alternative measures to be taken to respond to the situation. The designated schoolsite administrator or staff member shall provide the parent or guardian with a list of alternative measures that may be taken to respond to the situation, along with any community resources that may be used, as appropriate. (5) (A) Remote access for first responders to connect to a schoolsite’s surveillance system, with each camera having alphanumeric identification, displaying the direction of the camera’s view, and including a brief description of what is seen within the camera’s field of view. (B) First responders may connect to a schoolsite’s surveillance system only when a designated schoolsite administrator or staff member requests law enforcement assistance for a situation involving imminent danger of serious physical injury or death to a person on school property. (6) Detailed schoolsite information, including, but not limited to, both of the following: (A) The general schoolsite location, schoolsite size, pupil populations, the schoolsite’s grade levels, and the number of staff on campus. (B) The schoolsite’s Wi-Fi connection information, a hierarchy representation of those with responsibility duties, including their name, title, photograph, and contact information, and the emergency procedures for that schoolsite. (7) (A) The ability for school administrators to know the location and condition of pupils and staff through an information relay built into the application in order to allow for schoolsite staff to designate pupils as “absent,” “present,” “missing,” “injured,” and “reconnect,” based upon their accurate accounting, with the “reconnect” feature including a messaging system that notifies each pupil’s emergency contacts when that pupil has been safely secured by an authorized emergency contact. (B) The web-based or app-based school safety program shall not use biometric information or require pupils or staff to use or install an app that provides real-time location tracking. (8) A one-directional message service that allows the program director and the schoolsite primary contact to keep schoolsite staff up to date with current, urgent details. (9) The ability to operate the program to conduct emergency practice drills and archive dates, times, and comments related to an emergency practice drill. (b) If a school implements a web-based or app-based school safety program pursuant to subdivision (a), the school shall ensure that the program developers ensure that best practices are implemented to protect the security and data of all pupils and staff listed within the program. The program developers shall, at a minimum, do all of the following: (1) Consult with the department to ensure that the best practices and requirements described in this section are met. (2) Comply with the Student Online Personal Information Protection Act (Chapter 22.2 (commencing with Section 22584) of Division 8 of the Business and Professions Code). (3) Comply with the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (4) Make the contract between the school and the program developers publicly available. (5) Make the best practices followed by the program developers publicly available. (c) This section does not preclude the governing board or body of a local educational agency from implementing more stringent or additional requirements regarding school safety programs. (d) Paragraphs (1) and (2) of, and subparagraph (B) of paragraph (6) of, subdivision (a), contain sensitive and tactical response information that is critical to the safety and well-being of public schools and their pupils. Therefore, the information in paragraphs (1) and (2) of, and subparagraph (B) of paragraph (6) of, subdivision (a), shall be kept confidential, except as otherwise required for purposes of implementing the section, and shall be exempt from any school safety plan disclosure requirements under this article and from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (e) For purposes of this section, the following definitions apply: (1) “Biometric information” has the same meaning as defined in Section 1798.140 of the Civil Code. (2) “Imminent danger of serious physical injury or death” means that based on the totality of the circumstances, a reasonable person in the same situation would believe that an individual has the present ability, opportunity, and apparent intent to immediately cause serious physical injury or death to a person. “Imminent danger of serious physical injury or death” is not merely a fear of future harm, no matter how great the fear or likelihood of the harm, but is a fear of future harm that, from appearances, must be instantly confronted and addressed. (3) “Serious physical injury” means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (Added by Stats. 2024, Ch. 528, Sec. 1. (AB 960) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32281. Source version: id_a48c1eb2-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. (b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school. (2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members: (A) The principal or the principal’s designee. (B) One teacher who is a representative of the recognized certificated employee organization. (C) One parent whose child attends the school. (D) One classified employee who is a representative of the recognized classified employee organization. (E) Other members, if desired. (3) The schoolsite council shall consult with a representative from a law enforcement agency, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan. The comprehensive school safety plan and any updates to the plan shall be shared with the law enforcement agency, the fire department, and the other first responder entities. (4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee. (c) This article does not limit or take away the authority of school boards as guaranteed under this code. (d) Subdivision (b) shall not apply to a small school district if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite. (e) (1) When a principal or their designee verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime or sex offense on the schoolsite of an elementary or secondary school at which they are the principal, the principal or the principal’s designee may send to each pupil’s parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or their designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular workday after the verification. If, at the time of verification, local law enforcement officials determine that notification of the violent crime or sex offense would hinder an ongoing investigation, the notification authorized by this subdivision shall be made within a reasonable period of time, to be determined by the local law enforcement agency and the school district. (2) This subdivision does not create any liability in a school district or their employees for complying with paragraph (1). (f) (1) Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a comprehensive school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if the representative chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents. (2) As used in this article, “tactical responses to criminal incidents” means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators. (3) This subdivision does not preclude the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session. (4) This subdivision does not reduce or eliminate the requirements of Section 32282. (g) For purposes of this article, the following definitions apply: (1) “Child abuse or neglect” has the same meaning as defined in Section 11165.6 of the Penal Code. (2) “Sex offense” has the same meaning as defined in Section 44010. (3) “Small school district” means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year. (4) “Violent crime” means any of the following: (A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381 and that is an act for which a pupil could or would be expelled pursuant to Section 48915. (B) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code. (C) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. (Amended by Stats. 2025, Ch. 460, Sec. 3. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32282. Source version: id_a7c5ecf4-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) The comprehensive school safety plan shall include, but not be limited to, all of the following: (1) Assessing the current status of crime committed on school campuses and at school-related functions. (2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which shall include the development of all of the following: (A) (i) Child abuse or neglect reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. (ii) When a comprehensive school safety plan is next reviewed and updated, or by no later than July 1, 2026, procedures specifically designed to address the supervision and protection of children from child abuse or neglect or sex offenses. (B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following: (I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: (ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan. (ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools. (ic) Protective measures to be taken before, during, and following an earthquake. (id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. (II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community. (III) (ia) Commencing with the 2026–27 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the school’s boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the school’s boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the school’s boundaries. (ib) Commencing with the 2026–27 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate. (ic) For purposes of this subclause, “operational area” means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the state’s emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code. (ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i). (iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupil’s ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. (II) Subclause (I) does not prohibit a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted. (iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information. (C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2. (D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. (E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. (F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, “gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950. (G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. (H) A safe and orderly environment conducive to learning at the school. (I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6. (J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. (K) If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill: (i) (I) The school shall not conduct a high-intensity drill. (II) For purposes of this clause, “high-intensity drill” means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant. (ii) The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill. (iii) The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following: (I) Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals. (II) Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drill’s expected length of time. (III) The ability for parents or guardians to opt their child or children out of the drills. (IV) An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded. (V) A notice to all parents and guardians after the drill has concluded. (VI) The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources. (L) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school. (M) (i) When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds. (ii) The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan. (N) (i) When a comprehensive school safety plan is next reviewed and updated, but by no later than March 1, 2026, procedures specifically designed to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence of immigration enforcement on the schoolsite. (ii) The content and timing of a notification provided under the procedures in clause (i) shall consider the safety and well-being of the pupils, employees, and community members of the schoolsite when determining when and how to issue the notification to parents and guardians of pupils, teachers, administrators, and school personnel. (iii) The notification provided under the procedures in clause (i) may also include a hyperlink to additional resources for families with information about their educational rights, state laws that protects parents’ and students’ privacy and confidentiality, and, if available, counseling or support services, which may include services that support families impacted by immigration enforcement and model policies adopted by the local educational agency pursuant to subdivision (g) of Section 234.7. (iv) A notification provided under the procedures in clause (i) shall not include any personally identifiable information. (v) For purposes of this subparagraph, “immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. (O) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose. (3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following: (i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils’ social-emotional, mental health, and academic needs. (ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school. (B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs. (C) (i) For purposes of this paragraph, “temporarily reassigned” means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupil’s parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section. (ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended. (D) This paragraph applies to school districts, county offices of education, and charter schools. (b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the department’s Safe Schools and Violence Prevention Center and the Attorney General’s Crime and Violence Prevention Center entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety. (c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees. (d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public. (e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. (f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288. (g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary. (h) On or before March 1, 2025, the Superintendent shall develop and post on the department’s internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. (i) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Amended by Stats. 2025, Ch. 460, Sec. 4.5. (SB 848) Effective January 1, 2026. Operative January 1, 2026, pursuant to Sec. 15 of Stats. 2025, Ch. 460. Repealed as of January 1, 2031, by its own provisions. See later operative version, as amended by Sec. 4 of Stats. 2025, Ch. 460.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32282. Source version: id_d6442636-c95c-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) The comprehensive school safety plan shall include, but not be limited to, all of the following: (1) Assessing the current status of crime committed on school campuses and at school-related functions. (2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which shall include the development of all of the following: (A) (i) Child abuse or neglect reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. (ii) When a comprehensive school safety plan is next reviewed and updated, or by no later than July 1, 2026, procedures specifically designed to address the supervision and protection of children from child abuse or neglect or sex offenses. (B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following: (I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: (ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan. (ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools. (ic) Protective measures to be taken before, during, and following an earthquake. (id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. (II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community. (III) (ia) Commencing with the 2026–27 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the school’s boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the school’s boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the school’s boundaries. (ib) Commencing with the 2026–27 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate. (ic) For purposes of this subclause, “operational area” means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the state’s emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code. (ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i). (iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupil’s ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. (II) Subclause (I) does not prohibit a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted. (iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information. (C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2. (D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. (E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. (F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, “gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950. (G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. (H) A safe and orderly environment conducive to learning at the school. (I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6. (J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. (K) If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill: (i) (I) The school shall not conduct a high-intensity drill. (II) For purposes of this clause, “high-intensity drill” means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant. (ii) The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill. (iii) The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following: (I) Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals. (II) Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drill’s expected length of time. (III) The ability for parents or guardians to opt their child or children out of the drills. (IV) An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded. (V) A notice to all parents and guardians after the drill has concluded. (VI) The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources. (L) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school. (M) (i) When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds. (ii) The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan. (N) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose. (3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following: (i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils’ social-emotional, mental health, and academic needs. (ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school. (B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs. (C) (i) For purposes of this paragraph, “temporarily reassigned” means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupil’s parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section. (ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended. (D) This paragraph applies to school districts, county offices of education, and charter schools. (b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the department’s Safe Schools and Violence Prevention Center and the Attorney General’s Crime and Violence Prevention Center entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety. (c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees. (d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public. (e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. (f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288. (g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary. (h) On or before March 1, 2025, the Superintendent shall develop and post on the department’s internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. (Amended by Stats. 2025, Ch. 460, Sec. 4. (SB 848) Effective January 1, 2026. Operative January 1, 2031, pursuant to Sec. 15 of Stats. 2025, Ch. 460.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32282.1. Source version: id_b0a450b0-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campuses, if the school district uses these people. (b) The guidelines developed pursuant to subdivision (a) are encouraged to include both of the following: (1) Primary strategies to create and maintain a positive school climate, promote school safety, and increase pupil achievement, and prioritize mental health and intervention services, restorative and transformative justice programs, and positive behavior interventions and support. (2) Consistent with paragraph (2) of subdivision (a) of Section 32282, protocols to address the mental health care of pupils who have witnessed a violent act at any time, including, but not limited to, any of the following: (A) While on school grounds. (B) While going to or coming from school. (C) During a lunch period whether on or off campus. (D) During, or while going to or coming from, a school-sponsored activity. (Amended by Stats. 2014, Ch. 794, Sec. 2. (AB 1271) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32282.5. Source version: id_67b1d461-2bb1-11e3-986d-eec746dc55f1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) The department shall electronically distribute disaster preparedness educational materials and lesson plans that are currently available to school districts and county offices of education. (b) The department shall ensure that the disaster preparedness materials are available in at least the three most dominant primary languages spoken by English learners in California, according to the language census. (c) The department shall coordinate with the Office of Emergency Services to make sure that all materials are reviewed and updated annually. (Amended by Stats. 2013, Ch. 352, Sec. 70. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32283. Source version: id_6af63255-3180-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. The Department of Justice and the State Department of Education, in accordance with Section 32262, shall contract with one or more professional trainers to coordinate statewide workshops for school districts, county offices of education, and schoolsite personnel, and in particular school principals, to assist them in the development of their respective school safety and crisis response plans, and provide training in the prevention of bullying as defined in subdivision (r) of Section 48900. The Department of Justice and the State Department of Education shall work in cooperation with regard to the workshops coordinated and presented pursuant to the contracts. Implementation of this section shall be contingent upon the availability of funds in the annual Budget Act. (Amended by Stats. 2011, Ch. 732, Sec. 4. (AB 1156) Effective January 1, 2012. Operative July 1, 2012, by Sec. 8 of Ch. 732.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32283.5. Source version: id_5a6061ec-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) (1) The department shall develop and post on its internet website an online training module to assist all school staff, school administrators, parents, pupils, and community members in increasing their knowledge of the dynamics of bullying and cyberbullying. The online training module shall include, but is not limited to, identifying an act of bullying or cyberbullying and implementing strategies to address bullying and cyberbullying. (2) The online training module developed pursuant to paragraph (1) shall include information about how to support pupils who are bullied for being or being perceived as neurodivergent and include links to the resources related to neurodiversity developed by the University of California and California State University Collaborative for Neurodiversity and Learning. (b) The department shall post on its internet website and annually update a list of available online training modules relating to bullying or bullying prevention. (c) A school operated by a school district or a county office of education and a charter school shall annually make available the online training module developed by the department pursuant to subdivision (a) to certificated schoolsite employees and all other schoolsite employees who have regular interaction with pupils. (Amended by Stats. 2024, Ch. 907, Sec. 3. (SB 939) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32284. Source version: id_d2194776-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. The comprehensive school safety plan may also include, at local discretion of the governing board of the school district and using local funds, procedures for responding to the release of a pesticide or other toxic substance from properties located within one-quarter mile of a school. No funds received from the state may be used for this purpose. (Added by renumbering Section 35294.4 by Stats. 2003, Ch. 828, Sec. 16. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32286. Source version: id_d21ace1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) Each school shall adopt its comprehensive school safety plan by March 1, 2000, and shall review and update its plan by March 1, every year thereafter. A new school campus that begins offering classes to pupils after March 1, 2001, shall adopt a comprehensive school safety plan within one year of initiating operation, and shall review and update its plan by March 1, every year thereafter. (b) Commencing in July 2000, and every July thereafter, each school shall report on the status of its school safety plan, including a description of its key elements in the annual school accountability report card prepared pursuant to Sections 33126 and 35256. (Added by renumbering Section 35294.6 by Stats. 2003, Ch. 828, Sec. 18. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32287. Source version: id_d21ace1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. If the Superintendent of Public Instruction determines that there has been a willful failure to make any report required by this article, the superintendent shall do both of the following: (a) Notify the school district or the county office of education in which the willful failure has occurred. (b) Make an assessment of not more than two thousand dollars ($2,000) against that school district or county office of education. This may be accomplished by deducting an amount equal to the amount of the assessment from the school district’s or county office of education’s future apportionment. (Added by renumbering Section 35294.7 by Stats. 2003, Ch. 828, Sec. 19.5. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32288. Source version: id_7d702adf-fcd0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) (1) In order to ensure compliance with this article, each school shall forward its comprehensive school safety plan to the school district or county office of education for approval. (2) The department shall develop and post on its Internet Web site best practices for reviewing and approving school safety plans. (b) (1) Before adopting its comprehensive school safety plan, the schoolsite council or school safety planning committee shall hold a public meeting at the schoolsite in order to allow members of the public the opportunity to express an opinion about the school safety plan. (2) The schoolsite council or school safety planning committee shall notify, in writing, the following persons and entities, if available, of the public meeting: (A) The local mayor. (B) A representative of the local school employee organization. (C) A representative of each parent organization at the schoolsite, including the parent teacher association and parent teacher clubs. (D) A representative of each teacher organization at the schoolsite. (E) A representative of the student body government. (F) All persons who have indicated they want to be notified. (3) The schoolsite council or school safety planning committee is encouraged to notify, in writing, the following persons and entities, if available, of the public meeting: (A) A representative of the local churches. (B) Local civic leaders. (C) Local business organizations. (c) In order to ensure compliance with this article, each school district or county office of education shall annually notify the department by October 15 of any schools that have not complied with Section 32281. (Amended by Stats. 2018, Ch. 806, Sec. 4. (AB 1747) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32289. Source version: id_b6e45fdf-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. A complaint of noncompliance with the school safety planning requirements of Title IV of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 7114 (d)(7)) may be filed with the department under the Uniform Complaint Procedures as set forth in Chapter 5.1 (commencing with Section 4600) of Title 5 of the California Code of Regulations. (Amended (as added by Stats. 2004, Ch. 896, Sec. 29) by Stats. 2015, Ch. 303, Sec. 70. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32289.5. Source version: id_838593fd-0c8e-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) The department shall collect, and local educational agencies shall provide, data pertaining to lockdown or multioption response drills conducted at schoolsites within school districts, county offices of education and charter schools providing instructional services to pupils in kindergarten or in any of grades 1 to 12, inclusive. The data may be collected from a representative sample of schoolsites, with a methodology to be determined by the Superintendent. Specifically, the department shall collect data including, but not limited to, all of the following information: (1) The portion of schoolsites conducting drills and the population they serve. (2) The types of drills performed and their frequency. (3) Information about staff training in preparation for drills. (4) Information pertaining to schoolsite evaluations, if any, of the drill impacts. (5) Information pertaining to staff and parental notifications of drills. (b) The department shall either conduct, or contract with a nonprofit research entity to conduct, a study that identifies best practices for age-appropriate drills, the effectiveness of lockdown or multioption response drills in schools, and the effects drills have on pupil emotional wellbeing and emergency preparedness. (c) (1) The department shall submit to the Governor and relevant policy committees of the Legislature on or before November 1, 2021, a report containing data collected pursuant to subdivision (a) and findings and recommendations from the study conducted pursuant to subdivision (b). (2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall become inoperative on November 1, 2025. (Added by Stats. 2019, Ch. 786, Sec. 1. (SB 541) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5. School Safety Plans [32280 - 32289.6] SECTION 32289.6. Source version: id_91cec7d4-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5. (a) On or before June 15, 2025, the department shall curate and post on its internet website best practices pertaining to school shooter or other armed assailant drills, including, but not limited to, guidance for age-appropriate and developmentally appropriate drills, including age-appropriate and developmentally appropriate language, and staff training tools pertaining to school shooter or other armed assailant drills, for use by school districts, county offices of education, and charter schools providing instructional services to pupils in kindergarten or in any of grades 1 to 12, inclusive. (b) A school district, county office of education, and charter school is encouraged to comply with all the best practices established by the department pursuant subdivision (a). (Added by Stats. 2024, Ch. 530, Sec. 3. (AB 1858) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5.3. Safety Devices [32290- 32290.] SECTION 32290. Source version: id_d21c54c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5.3. The partnership shall discuss with providers of telephone equipment and services, and shall acquire information regarding, the availability of no-cost or reduced-cost cellular telephones and services to be provided on a statewide basis to each public school teacher for use as a classroom safety device. Although the primary purpose of providing the cellular telephones is school safety, a teacher receiving a cellular telephone as a result of these discussions, shall be encouraged to use the cellular telephone for school related purposes other than school safety. These purposes would include purposes that further the smooth administration of general classroom and school functions, including, but not limited to, communicating with parents about a pupil’s education, communication with pupils about classwork and homework assignments, and communicating with other teachers and school administrators about school operations generally. Thus, the discussions between the partnership and the providers shall include the availability of no-cost or reduced-cost services in consideration of the complete usage contemplated pursuant to this section. The partnership shall ensure that each school district, county office of education, schoolsite council, and school safety planning committee developing a school safety plan pursuant to Article 5 (commencing with Section 32280) is provided with information regarding the availability of the no-cost or reduced-cost cellular telephones and services for consideration in developing its plan. (Added by Stats. 2003, Ch. 828, Sec. 22. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 2.5. Interagency School Safety Demonstration Act of 1985 [32260 - 32295.5] ARTICLE 5.5. Teen Court Program [32295.5- 32295.5.] SECTION 32295.5. Source version: id_d21c54c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=2.5.&article=5.5. The School Law Enforcement Partnership, established pursuant to Section 32262, shall provide information to school districts and county offices of education about teen or peer court programs. A teen or peer court program shall include, but not be limited to, any program in which juvenile court judges preside over a court in which the defendant is a pupil with no prior criminal record, who is charged with a nonviolent crime and in which the jurors are also pupils. (Added by Stats. 1994, Ch. 607, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 1. Printing and Binding [32300- 32300.] SECTION 32300. Source version: id_d220e8c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=1. All printing or binding required by the Superintendent of Public Instruction or the State Board of Education, or by any educational institution, except the California Community Colleges and the University of California, supported entirely out of state funds, and all school registers and blank forms prescribed by the Superintendent of Public Instruction for the use of officers charged with the administration of the laws relating to the public schools, including blank teachers’ certificates, and diplomas of graduation from elementary schools in districts not governed by city boards of education, shall be performed by the Department of General Services in the form and manner and at the prices of other state printing, and be paid for in like manner. (Amended by Stats. 1990, Ch. 1372, Sec. 182.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 10. Fingerprinting [32390- 32390.] SECTION 32390. Source version: id_d2288a1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=10. (a) The governing board of any school district may offer a fingerprint program for children enrolled in kindergarten or newly enrolled in that district. The governing board may contract with any public or private agency, including any civic or community organization if determined to be appropriate by the governing board, to perform the fingerprinting. The governing board may seek to obtain private funding and volunteer assistance in performing the fingerprinting. The department shall adopt rules and regulations concerning obtaining private funding and volunteer assistance, and develop fingerprinting standards, as approved by the Department of Justice, to be followed in the fingerprinting of children pursuant to this article. The governing board of any school district offering a fingerprinting program pursuant to this article shall assess a fee to the parent or guardian of the fingerprinted pupils. The fee shall be calculated to reimburse the district only for actual costs associated with the program. (b) In a school district which elects to offer a fingerprinting program pursuant to this article, each parent or guardian of a child shall be informed of the school fingerprinting program when he or she first enrolls the child in the public schools. At that time the parent or guardian shall declare, in writing, whether or not he or she wants the child to be fingerprinted in the school program and if the parent or guardian consents to the fingerprinting he or she shall pay the applicable fee. The parent or guardian shall be informed in writing at the time of enrollment that he or she may reverse in writing his or her declaration on fingerprinting at any time. Children shall not be fingerprinted without the consent of the parent or guardian. (c) Any report or document containing fingerprints of a child which is made pursuant to this article shall be given to the parents or guardian of the child and shall not be given to, or retained by, the school district or any other private or public entity. The report or document containing the fingerprints may be given to the parents or guardian with the child’s report card or any other document routinely mailed to parents or guardians, or may be given to parents or guardians in person at any conference with the child’s teacher. To the maximum extent feasible, the report or document containing the fingerprints shall not be sent to the parents in a separate mailing. (d) As used in this article, the terms “school district,” and “governing board” include a county superintendent of schools. (Amended by Stats. 1987, Ch. 134, Sec. 4. Effective July 7, 1987.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 11. Educational Services and the Federal Immigration Reform and Control Act of 1986 [32400 - 32401] SECTION 32400. Source version: id_c54dff95-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=11. (a) The Legislature finds that as many as one million seven hundred thousand people could be granted amnesty and would seek permanent residency in California under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Under the act, eligible individuals would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. (b) Further, it is the intent of the Legislature to establish a state test for use by eligible individuals that would attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). (Amended (as amended by Stats. 2016, Ch. 69, Sec. 2) by Stats. 2021, Ch. 296, Sec. 14. (AB 1096) Effective January 1, 2022. Superseded by amendment by Sec. 3 of Stats. 2016, Ch. 69, only if it becomes operative on or before January 20, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 11. Educational Services and the Federal Immigration Reform and Control Act of 1986 [32400 - 32401] SECTION 32400. Source version: id_537c4555-cc4d-11e6-8c1d-c362961f8e69 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=11. (a) The Legislature finds that as many as one million seven hundred thousand undocumented foreign nationals could be granted amnesty and would seek permanent residency in California under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Under the act, eligible undocumented foreign nationals would be required to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. (b) Further, it is the intent of the Legislature to establish a state test for use by eligible foreign nationals that would attest to their understanding of English and understanding of the history and government of the United States to meet the requirements of Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423) and the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). (Amended by Stats. 2016, Ch. 69, Sec. 3. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 11. Educational Services and the Federal Immigration Reform and Control Act of 1986 [32400 - 32401] SECTION 32401. Source version: id_c85cc637-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=11. (a) The Superintendent of Public Instruction, in consultation with the Chancellor of the California Community Colleges, shall develop a test or adopt an existing test, subject to the approval of the United States Attorney General pursuant to the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), to measure whether an eligible person has a minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States as required under Section 312 of the Immigration and Nationality Act (8 U.S.C. Sec. 1423). (b) The Governor, the Superintendent of Public Instruction, the Chancellor of the California Community Colleges, the President pro Tempore of the Senate, and the Speaker of the Assembly shall petition the Director of the Immigration and Naturalization Service and the United States Attorney General for approval to use the test referred to in subdivision (a) as one means by which an eligible immigrant may satisfy the requirements under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). (c) The Superintendent of Public Instruction shall distribute this test to school districts, county offices of education, and community colleges, upon their request for purposes of administration, to eligible immigrants granted legal status pursuant to Section 245A of the Immigration and Nationality Act, as amended by the Federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Any school district, county office of education, or any other eligible agency which receives federal legalization impact-assistance funds to provide educational services may administer the test for purposes of determining the need of an eligible immigrant applying for legal status for appropriate educational services, and of allowing an eligible immigrant to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. Test results shall be confidential and may not be released without the written consent of the eligible immigrant for any purpose that is not directly related to the provision of educational services. Upon request by an eligible immigrant applying for legal status, test results may be transmitted to the Immigration and Naturalization Service. School districts, county offices of education, community colleges, and any other eligible agencies that receive federal funds for this purpose shall administer the test using appropriate test monitor and control procedures and provide for necessary test security measures. (Amended (as added by Stats. 1987, Ch. 1491, Sec. 1) by Stats. 2021, Ch. 296, Sec. 15. (AB 1096) Effective January 1, 2022. Superseded by amendment by Stats. 2016, Ch. 69, only if it becomes operative on or before January 20, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 11. Educational Services and the Federal Immigration Reform and Control Act of 1986 [32400 - 32401] SECTION 32401. Source version: id_2cc9a7b2-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=11. (a) The Superintendent, in consultation with the Chancellor of the California Community Colleges, shall develop a test or adopt an existing test, subject to the approval of the United States Attorney General pursuant to the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), to measure whether an eligible foreign national has a minimal understanding of ordinary English and a knowledge and understanding of the history and government of the United States as required under Section 312 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1423). (b) The Governor, the Superintendent, the Chancellor of the California Community Colleges, the President pro Tempore of the Senate, and the Speaker of the Assembly shall petition the Director of the United States Immigration and Naturalization Service and the United States Attorney General for approval to use the test referred to in subdivision (a) as one means by which an eligible foreign national may satisfy the requirements under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603). (c) The Superintendent shall distribute the test referred to in subdivision (a) to school districts, county offices of education, and community colleges, upon their request for purposes of administration, to eligible foreign nationals granted legal status pursuant to Section 245A of the federal Immigration and Nationality Act, as amended by the Federal Immigration Reform and Control Act of 1986 (Public Law 99-603). Any school district, county office of education, or any other eligible agency that receives federal legalization impact-assistance funds to provide educational services may administer the test for purposes of determining the need of an eligible foreign national applying for legal status for appropriate educational services, and of allowing an eligible foreign national to demonstrate an understanding of ordinary English and a knowledge and understanding of the history and government of the United States. Test results shall be confidential, and shall not be released without the written consent of the eligible foreign national for any purpose that is not directly related to the provision of educational services. Upon request by an eligible foreign national applying for legal status, test results may be transmitted to the United States Immigration and Naturalization Service. School districts, county offices of education, community colleges, and any other eligible agencies that receive federal funds for this purpose shall administer the test using appropriate test monitor and control procedures and provide for necessary test security measures. (Amended by Stats. 2016, Ch. 69, Sec. 4. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 12. Excludable Restitution Payments [32425- 32425.] SECTION 32425. Source version: id_fbefd026-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=12. To the extent permitted by federal law, excludable restitution payments, as defined in Section 17131.1 of the Revenue and Taxation Code, and excludable settlement payments, as defined in Section 17131.2 of the Revenue and Taxation Code, are not included in the income or resources of an individual who is eligible for the exclusion under Section 17131.1 or 17131.2 of the Revenue and Taxation Code, for determining eligibility for any grant, enrollment, or priority for services in any program under this code. (Amended by Stats. 2004, Ch. 402, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 13. Prohibited Uses of Public Funds [32435- 32435.] SECTION 32435. Source version: id_d22a10cc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=13. (a) No school district, county board of education, or county superintendent of schools shall expend any public funds on the purchase of alcoholic beverages. (b) If an employee of a school district or county educational agency requests and is erroneously granted a reimbursement for the purchase of alcoholic beverages in violation of subdivision (a) of this section, the employee may refund the reimbursement. (Added by Stats. 1993, Ch. 993, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 2. Printing Schools [32310 - 32312] SECTION 32310. Source version: id_d220e8c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=2. No printing concern, institution, or other agency maintaining a printing plant or department for the purpose of instruction or the teaching of the art of printing, or allied arts, and whose purpose is to teach or instruct its students or members, shall produce, print, or cause to be printed any material whatsoever that may be placed on the market in competition with regularly established printing plants or concerns, if such printing concern, institution, or other agency is supported or operated from public or state funds or is tax free in any manner. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 2. Printing Schools [32310 - 32312] SECTION 32311. Source version: id_d220e8c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=2. This article does not apply to: (a) Any institution classified as an educational institution within the meaning and intent of Section 501 of the Internal Revenue Code of the United States or of Section 23701d of the Revenue and Taxation Code and that, nevertheless, pays general state and county taxes within this state upon any printing plant and printing equipment owned by it. (b) The production of forms, materials, and supplies at any state educational institution under the exclusive management and control of the state and authorized by law. (c) Any publication, printed and produced at any state educational institution under the exclusive management and control of the state for the dissemination of technical or scientific information and that is sold at cost. (d) Printing which may be classified as “instruction” or “student activity.” (Amended by Stats. 2003, Ch. 185, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 2. Printing Schools [32310 - 32312] SECTION 32312. Source version: id_d220e8ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=2. The violation of this article is a misdemeanor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 4. Use of County Funds for Agriculture [32330- 32330.] SECTION 32330. Source version: id_d2226f6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=4. The boards of supervisors of any county may appropriate and use county funds for the support and maintenance of extension work in agriculture and home economics. The extension work shall be designed for the benefit of the respective counties and conducted under the approval of the United States Department of Agriculture and in cooperation with the University of California. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 5. Unlawful Issuance of a Credential [32340 - 32341] SECTION 32340. Source version: id_d2226f72-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=5. Any state, county, or city and county superintendent, or any state, county, or city and county board of education, who issues a credential, except as provided by law, is guilty of a misdemeanor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 5. Unlawful Issuance of a Credential [32340 - 32341] SECTION 32341. Source version: id_d223f614-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=5. Except where such service is provided by a school district pursuant to Section 44332.5, each county or city and county board of education may provide for the registration of any valid certification or other document authorizing the holder thereof to serve in a position requiring certification qualifications as an employee of the county superintendent of schools of such county or city and county or of a school district under the jurisdiction of such county superintendent of schools. (Amended by Stats. 1982, Ch. 251, Sec. 6. Effective June 11, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 6. District Liability on Loaned Equipment [32350- 32350.] SECTION 32350. Source version: id_d223f618-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=6. Any person, corporation, firm, or public entity, or employee thereof, who gratuitously loans equipment of any description or the services of an employee to a school district or community college district shall not be liable, and the school district or community college district shall be liable, for damages because of personal injuries to, or the death of any person or damage to property resulting from the operation of such equipment or an act or omission of such employee occurring while such equipment or employee is under the supervision and control of the district. This section does not apply to any person, corporation, firm, or public entity who gratuitously loans mechanically defective equipment of any description or who gratuitously loans the services of an employee who is not fully qualified to perform such service, and such defect or lack of qualification is the cause of any damage or injury. An employee whose services are loaned to a school district or community college district pursuant to this section remains an employee of his employer for all purposes, including the application of the provisions of the Labor Code relating to workmen’s compensation. For the purposes of this section, “public entity” includes the state, the Regents of the University of California, a county, city, city and county, district, public authority, public agency, or any other political subdivision or public corporation in this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 7. Copyright Laws [32360 - 32361] SECTION 32360. Source version: id_d2257cbc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=7. No funds shall be expended by a school district, a community college district, a county board of education, or a county superintendent of schools to secure a copyright for any person or firm, but nothing in this section shall be construed to prevent the governing board of any school district, community college district, or county board of education from securing copyrights, in the name of the district or board, to all copyrightable works developed by the district or board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 7. Copyright Laws [32360 - 32361] SECTION 32361. Source version: id_d2257cbe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=7. A school district, a community college district, a county board of education, or a county superintendent of schools shall not use the regular worktime of any employee to secure a copyright for any person or firm, but nothing in this section shall be construed to prevent the governing board of any school district, community college district, or county board of education from securing copyrights, in the name of the district or board, to all copyrightable works developed by the district or board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 8. Recycling Paper [32370 - 32376] SECTION 32370. Source version: id_d2257cc2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=8. The Legislature finds and declares that is the policy of the state to conserve and protect its resources. The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern. The Legislature further finds and declares that the volume of solid waste generated within the state coupled with an increased rate in the consumption of paper products and the absence of adequate programs and procedures for the reuse of these materials threaten the quality of the environment and well-being of the people of California. In making these findings the Legislature declares that the policy and intent of this article is to increase the public’s awareness of the value of recycling and the need to recycle, and to improve environmental quality by the recycling of paper products. (Added by Stats. 1978, Ch. 885.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 8. Recycling Paper [32370 - 32376] SECTION 32371. Source version: id_d2257cc4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=8. The following definitions govern the interpretation of this article: (a) “Educational agency” means any school district, county office of education, or campus of the California State University and Colleges. (b) “Paper recycling program” means, (1) the provision of specially marked containers which are intended to receive either all grades or only some grades of postconsumer wastepaper but which are not intended to receive other forms of postconsumer waste, (2) publicity directed at all persons who frequent buildings with the containers encouraging those persons to deposit wastepaper in the containers, and (3) the collection of all paper deposited in the containers for the purpose of recycling. (c) “Postconsumer waste” means a finished material which would normally be disposed of as solid waste, having completed its life cycle as a consumer item. (d) “Recycled paper” means all paper and woodpulp products with not less than 50 percent of its total weight consisting of secondary and postconsumer waste and with not less than 10 percent of its total weight consisting of postconsumer waste. (e) “Secondary waste” means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value, and includes postconsumer waste, but does not include mill broke, wood slabs, chips, sawdust, or other wood residue from a manufacturing process. (Amended by Stats. 1990, Ch. 1372, Sec. 183.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 8. Recycling Paper [32370 - 32376] SECTION 32372. Source version: id_d2257cc6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=8. (a) Each school district may, and is encouraged to, establish and maintain a paper recycling program in all classrooms, administrative offices, and other areas owned or leased by the school district where a significant quantity of wastepaper is generated or may be collected. (b) Each campus of the California State University and Colleges may, and is encouraged to, establish and maintain a paper recycling program in administration offices and other areas owned or leased by the campus, including areas frequented by students, where a significant quantity of wastepaper is generated or may be collected. (c) In establishing paper recycling programs, school districts, and campuses of the California State University and Colleges shall attempt to cooperate with existing paper recycling programs. (d) Nothing in this article shall limit or supersede any other requirement of law imposing a paper recycling program on school districts or the California State University and Colleges. (Amended by Stats. 1990, Ch. 1372, Sec. 184.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 8. Recycling Paper [32370 - 32376] SECTION 32373. Source version: id_d2257cc8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=8. (a) Each educational agency is encouraged to purchase recycled paper if the supplier of recycled paper offers the paper at a cost which does not exceed by more than 5 percent the lowest offer of nonrecycled paper of comparable quality. (b) Whenever an educational agency purchases recycled paper, the educational agency shall purchase the paper with the highest percentage of postconsumer waste, if the price and quality of the recycled paper are otherwise equal. (c) Whenever it is practical to do so, each educational agency shall revise its procurement specifications to eliminate discrimination against recycled paper and to give preference to the purchase of recycled paper. (d) Each educational agency shall make all reasonable efforts to eliminate the purchase of paper and paper products which are deemed potential contaminants of the educational agency’s paper recycling program. (e) When contracting with any educational agency for the sale of a paper product, the contractor shall certify in writing to the contracting officer or the officer’s representative the percentage of secondary and postconsumer waste in the paper product and whether or not such percentages meet the minimum percentages specified in subdivision (d) of Section 32371. Such certification shall be furnished under penalty of perjury. (Added by Stats. 1978, Ch. 885.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 8. Recycling Paper [32370 - 32376] SECTION 32375. Source version: id_d227036a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=8. The State Solid Waste Management Board, in conjunction with the Department of Education and other state agencies which the board and the Department of Education deem appropriate in order to carry out the purposes of this article, shall coordinate the implementation of this article and shall provide materials, technical assistance, and other resources as it deems necessary to aid and encourage educational agencies to establish paper recycling programs. The State Solid Waste Management Board may enter into agreements with other agencies for the purpose of the administration and implementation of this article. (Added by Stats. 1978, Ch. 885.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 8. Recycling Paper [32370 - 32376] SECTION 32376. Source version: id_d227036c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=8. The State Solid Waste Management Board, in conjunction with the Department of Education and other agencies which the board and the Department of Education deem to be appropriate in order to carry out the purposes of this article, shall develop and distribute curriculum material relating to paper recycling, conservation of resources, and topics relating to the implementation of the program established by this article. (Added by Stats. 1978, Ch. 885.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 9. Prohibited Activities [32380 - 32385] SECTION 32380. Source version: id_d2270370-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=9. As used in this article: (a) “Person” means any individual, partnership, corporation, limited liability company, association, firm, or public board, agency, or entity. (b) “Prepare” means to put into condition for intended use. (c) “Degree” means any “academic degree” or “honorary degree” or title of any designation, mark, appellation, series of letters or words such as, but not limited to, associate, bachelor, master, doctor, or fellow which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of an academic, educational, technological, or professional program of study or is an honorary title conferred for recognition of some meritorious achievement. (d) “Diploma” means any diploma, certificate, transcript, document, or other writing in any language other than a degree representing that an individual has completed any course of study. (Amended by Stats. 1994, Ch. 1010, Sec. 96. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 9. Prohibited Activities [32380 - 32385] SECTION 32381. Source version: id_d2270372-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=9. Any person who prepares, manufactures, or prints, or who offers to prepare, manufacture, or print, for a fee or other compensation, any document purporting to be a degree or diploma without written authorization to do so from the school authority shall be guilty of a misdemeanor. As used in this section, “school authority” means any of the following: (a) A governing board of a school district that issued or reissued the degree or diploma, as the case may be. (b) A private school that issued or reissued the degree or diploma, as the case may be. (c) Any public or private college, university, or other institution of higher learning that issued or reissued the degree or diploma, as the case may be. Nothing in this section shall prohibit a person from reproducing, or having reproduced, for his personal use a degree or diploma issued to him by a school authority. (Added by Stats. 1979, Ch. 373.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 9. Prohibited Activities [32380 - 32385] SECTION 32382. Source version: id_d2270374-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=9. No person shall: (a) Sell, barter, offer to sell or barter, or conspire to sell or barter, any diploma or degree as defined in this article. (b) Buy, obtain by barter, attempt to buy or obtain by barter, or conspire to obtain by barter or buy, any diploma or degree. (c) Use in connection with any business, trade, profession, or occupation, or attempt to use in connection with any business, trade, profession or occupation, or conspire to use in connection with any business, trade, profession or occupation, any degree or diploma, which has been purchased, obtained by barter, fraudulently or illegally issued, illegally obtained, counterfeited, materially altered, or found. (d) Use in connection with a business, trade, profession, or occupation, or give or receive, any degree or diploma which has been purchased, obtained by barter, fraudulently or illegally issued, illegally obtained, counterfeited, materially altered, or found. (e) Attempt to use in connection with a business, trade, profession, or occupation, or attempt to give or receive, any degree or diploma, which has been purchased, obtained by barter, fraudulently or illegally issued, illegally obtained, counterfeited, materially altered, or found. (f) Conspire to use in connection with a business, trade, profession, or occupation, or conspire to give or receive, any diploma or degree evidencing the undertaking or completion of any course of study or scholastic achievement attained if, in fact, such course of study has not been undertaken nor completed or if such scholastic achievement has not been attained. (Added by Stats. 1979, Ch. 373.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 9. Prohibited Activities [32380 - 32385] SECTION 32383. Source version: id_d2288a16-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=9. Any person willfully violating any provision of Section 32382 is guilty of a misdemeanor and is punishable by imprisonment in the county jail, or by a fine of not more than one thousand dollars ($1,000) or by both such fine and imprisonment. (Added by Stats. 1979, Ch. 373.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 9. Prohibited Activities [32380 - 32385] SECTION 32384. Source version: id_d2288a18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=9. Any court of competent jurisdiction is hereby authorized to grant such relief as is necessary to enforce the provisions of this article, including the issuance of an injunction. (Added by Stats. 1979, Ch. 373.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 3. Miscellaneous [32300 - 32435] ARTICLE 9. Prohibited Activities [32380 - 32385] SECTION 32385. Source version: id_d2288a1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=3.&article=9. Actions for injunction under the provisions of this article may be brought in the name of the people of the State of California upon their own complaint or upon the complaint of any person, or in the name of any authorized public or private school, college, university, or other authorized institution of learning, acting on its own behalf or the general public. (Added by Stats. 1979, Ch. 373.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 4. Adult Day Care Food Program [32450 - 32454] SECTION 32450. Source version: id_d22d1e10-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=4.&article= The State Department of Education shall, on behalf of the state, participate in the federal Adult Day Care Food Program as set forth in subsection (o) of Section 1766 of Title 42 of the United States Code, and shall not terminate its participation in the program unless the Legislature authorizes that termination. (Added by Stats. 1995, Ch. 530, Sec. 7. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 4. Adult Day Care Food Program [32450 - 32454] SECTION 32451. Source version: id_d22d1e12-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=4.&article= The State Department of Education is hereby designated as the single state agency to administer the Adult Day Care Food Program established pursuant to this chapter. (Added by Stats. 1995, Ch. 530, Sec. 7. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 4. Adult Day Care Food Program [32450 - 32454] SECTION 32452. Source version: id_d22d1e14-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=4.&article= For the purposes of this chapter, adult day care centers, as defined in Section 32543, are eligible for reimbursement for meals or supplements served to persons 60 years of age or older or to chronically impaired disabled persons, including victims of Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, provided the adult day care centers meet the following requirements: (a) Reimbursement provided to those institutions for those purposes shall be supplemental to all other state and federal funding and improve the quality of meals or level of services provided or increase participation in the program. (b) Lunches shall provide, on the average, approximately one-third of the daily recommended dietary allowance established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. (c) The adult day care center makes reasonable efforts to serve meals that meet the special dietary requirements of participants, including efforts to serve foods in forms that are palatable to participants. (Added by Stats. 1995, Ch. 530, Sec. 7. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 4. Adult Day Care Food Program [32450 - 32454] SECTION 32453. Source version: id_d22d1e16-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=4.&article= The State Department of Education shall administer the Adult Day Care Food Program for all eligible, participating adult day care centers that provide adult day care services to the persons described in Section 32452. For the purposes of this chapter, “adult day care center” means any public agency or private nonprofit organization, or any proprietary Title XIX center or Title XX center that meets the following requirements: (a) The center is licensed pursuant to Chapter 3.5 (commencing with Section 1570) of Division 2 of the Health and Safety Code, or otherwise approved to operate by a state or federal agency. (b) The center provides for care and services directly or under arrangements under which the public agency, nonprofit organization, or proprietary Title XIX or Title XX center maintains professional management responsibility for all of the services. The terms “proprietary Title XIX” or “proprietary Title XX center” means any private, for-profit center that provides adult day care services for which it receives compensation from amounts granted to the states pursuant to Title XIX or XX of the federal Social Security Act as set forth in Section 1396 and following of Title 42 of the United States Code and for which not less than 25 percent of the enrolled eligible participants were served by the center in the calendar month preceding initial application or annual reapplication for program participation. (Added by Stats. 1995, Ch. 530, Sec. 7. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19. MISCELLANEOUS [32001 - 32454] CHAPTER 4. Adult Day Care Food Program [32450 - 32454] SECTION 32454. Source version: id_d22d1e18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.&chapter=4.&article= The State Department of Education shall promulgate any rules and regulations necessary for the administration of this chapter in a manner consistent with Section 1766 of Title 42 of the United States Code and any federal regulations adopted thereto, including, but not limited to, regulations setting forth eligibility requirements. (Added by Stats. 1995, Ch. 530, Sec. 7. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19.5. EDUCATION IN STATE PRISONS [32500- 32500.] SECTION 32500. Source version: id_d22ea4bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.5.&chapter=&article= (a) In order to encourage greater involvement of educational institutions in planning and developing prison-based educational programs, the Director of Corrections, the Chancellor of the California State University and Colleges, the Chancellor of the California Community Colleges, and the Superintendent of Public Instruction, with the advice of the California Postsecondary Education Commission, shall enter into interagency agreements. Such agreements shall provide for, but not be limited to, all of the following: (1) A determination of the roles of the Department of Corrections, the office of the Chancellor of the California State University and Colleges, the office of the Chancellor of the California Community Colleges, and the Department of Education, in developing policy for prison-based educational programs. (2) Joint policy and program planning. (b) The Director of Corrections, the Chancellor of the California State University and Colleges, the Chancellor of the California Community Colleges, and the Superintendent of Public Instruction shall appoint an advisory committee to do, but not be limited to doing, all of the following: (1) Making recommendations on the use of instructional television in these programs. (2) Reviewing and making recommendations relating to any proposed budgets for these programs. (3) Reviewing and making recommendations relating to the implementation of the interagency agreement. (c) Notwithstanding the other provisions of this section, the Director of Corrections shall administer all prison-based education programs. (Added by Stats. 1980, Ch. 1037, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19.6. Covid-19 Emergency Appropriations for Education [32525 - 32527] SECTION 32525. Source version: id_66f98e78-fed6-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.6.&chapter=&article= (a) The Learning Recovery Emergency Fund is hereby created in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic. (b) Notwithstanding Section 41207.5, moneys transferred to the Learning Recovery Emergency Fund pursuant to Section 32526 that would otherwise revert to the Proposition 98 Reversion Account shall instead remain in the Learning Recovery Emergency Fund for future reallocation to school districts, county offices of education, and charter schools consistent with the intent of Section 32526. (Added by Stats. 2022, Ch. 53, Sec. 2. (AB 182) Effective June 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19.6. Covid-19 Emergency Appropriations for Education [32525 - 32527] SECTION 32526. Source version: id_b641517c-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.6.&chapter=&article= (a) (1) For the 2022–23 fiscal year, the sum of six billion three hundred forty-five million four hundred five thousand dollars ($6,345,405,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525. The Superintendent shall allocate available moneys in the Learning Recovery Emergency Fund deposited pursuant to this section to local educational agencies in the manner, and for the purposes, set forth in this section. This allocation shall be known as the Learning Recovery Emergency Block Grant. (2) For purposes of this section, the following definitions apply: (A) “Evidence-based” has the same meaning as that term is used in Section 7801(21)(A) of Title 20 of the United States Code. (B) “Local educational agency” means a school district, county office of education, or charter school. (3) The department may collect, from a local educational agency’s principal apportionment monthly payment pursuant to Section 14041, the difference between the local educational agency’s allocation for the Learning Recovery Emergency Block Grant pursuant to this section, as amended by Assembly Bill 185 of the 2021–22 Regular Session, and the revised allocation pursuant to this section, as amended by Senate Bill 114 of the 2023–24 Regular Session. The department shall report any uncollectible amounts to the Department of Finance and the Legislature by January 31, 2024. (b) Funds described in subdivision (a) shall be allocated on a per-unit basis of the local educational agency’s 2021–22 fiscal year second period reported kindergarten and grades 1 to 12, inclusive, average daily attendance multiplied by the local educational agency’s 2021–22 unduplicated pupil percentage calculated pursuant to Section 2574 or 42238.02, as applicable. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (c) (1) The governing board or body of a local educational agency may expend the one-time funds received pursuant to this section to establish learning recovery initiatives through the 2027–28 school year that, at a minimum, support academic learning recovery and staff and pupil social and emotional well-being. (2) Specifically, funds received under subdivision (b) shall only be expended for any of the following purposes: (A) Instructional learning time for the 2022–23 through 2027–28 school years by increasing the number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other evidence-based action that increases or stabilizes the amount of instructional time or services provided to pupils, or decreases or stabilizes staff-to-pupil ratios, based on pupil learning needs. (B) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of evidence-based learning supports, such as: (i) Tutoring or other one-on-one or small group learning supports provided by certificated or classified staff. (ii) Learning recovery programs and materials designed to accelerate pupil academic proficiency or English language proficiency, or both. (iii) Providing early intervention and literacy programs for pupils in preschool to grade 3, inclusive, including, but not limited to, school library access. (iv) Supporting expanded learning opportunity program services pursuant to Section 46120. (v) Providing instruction and services consistent with the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) regardless of grantee status. (vi) Providing professional development and coaching on either or both of the following: (I) The 2023 Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve. (II) The English Language Arts/English Language Development Framework for California Public Schools: Kindergarten Through Grade Twelve. (C) Integrating evidence-based pupil supports to address other barriers to learning, and staff supports and training, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs. (D) Access to instruction for credit-deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility. (E) Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning. (F) Conducting the needs assessment pursuant to subdivision (d). (d) (1) A local educational agency that has received or will receive apportioned funds pursuant to this section shall develop a needs assessment regarding the use and expenditure of funds for the 2025–26, 2026–27, and 2027–28 school years. (2) The local educational agency shall ensure that the needs assessment: (A) Identifies pupils in the greatest need of learning recovery supports and the interventions that the local educational agency has selected to address those pupils’ needs pursuant to paragraph (2) of subdivision (c). (B) Includes a review of each of the following metrics: (i) Assessment of academic performance in English language arts and mathematics, including, at least: (I) Across schoolsites, as applicable, and at the local educational agency level based on the performance of pupil groups identified in the “Very Low” or “Low” status levels on the California School Dashboard. (II) All pupils within the local educational agency whose scale score places them in the lowest achievement level or on the low end of the second lowest achievement level. (ii) Assessment of chronic absenteeism, including at least: (I) Across schoolsites, as applicable, and at the local educational agency level based on the performance of pupil groups identified in the “Very High” or “High” status levels on the California School Dashboard or, for high schools, at comparatively low levels of performance based on reports on the department’s internet website. (II) All pupils reported as chronically absent. Local educational agencies are encouraged to conduct further analysis focused on pupils who have high rates of unexcused absences. (3) A local educational agency may include local metrics as part of the needs assessment that identify pupils who have experienced learning loss or low academic performance, such as formative or interim assessments or similar tools, or evidence of disengagement from school, such as current-year absenteeism data or any metrics the local educational agency uses to identify pupils in need of reengagement services. (4) The department shall provide written technical assistance for schools and local educational agencies that describes how to use local metrics in conjunction with the metrics required pursuant to paragraph (2). (5) A local educational agency may contract with a third party to develop or otherwise support the development of the needs assessment. (6) A local educational agency is encouraged to contract, or otherwise partner with, community-based organizations with a track record of success in serving high-needs pupils to deliver the services or programs authorized by this section. (7) It is the intent of the Legislature that the department provide assistance to local educational agencies by providing information, including data reports, necessary to facilitate and assist the local educational agency’s development of the needs assessment pursuant to this subdivision and integration of the needs assessments conducted pursuant to the Literacy Coaches and Reading Specialists Grant Program established pursuant to Section 137 of Chapter 52 of the Statutes of 2022 and the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6) in planning pursuant to this section. (e) (1) Local educational agencies receiving apportionments pursuant to this section shall report to the department, using the template developed by the department, and make publicly available on their internet websites, interim expenditures of those apportioned funds to the department by December 15, 2024. (2) If a charter school ceases to operate before December 15, 2029, a final expenditure report, using the template developed by the department, shall be due to the department within 60 days of the effective date of closure and the department shall collect any unspent amounts. (3) (A) The department, on or before June 30, 2023, shall develop an expenditure report template for use by local educational agencies in fulfilling the requirements of paragraph (1). (B) The template shall require the inclusion of the total expenditures, by fiscal year, for each allowable use pursuant to paragraph (2) of subdivision (c), disaggregated by each allowable use specified in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (c). (C) The template shall, to the greatest extent practicable, use language that is understandable and accessible to parents. (f) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, five billion six hundred twenty-five million six hundred forty-eight thousand dollars ($5,625,648,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, seven hundred nineteen million seven hundred fifty-seven thousand dollars ($719,757,000) of the appropriation made by paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year. (g) (1) For the 2025–26 fiscal year, the sum of three hundred seventy-eight million six hundred fifty thousand dollars ($378,650,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525, to be allocated by the Superintendent to local educational agencies operating in the 2025–26 fiscal year pursuant to the methodology specified in subdivision (b). (2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (1) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year. (h) (1) For the 2026–27 fiscal year, the sum of seven hundred fifty-seven million three hundred thousand dollars ($757,300,000) is hereby appropriated from the General Fund to the department for transfer to the Learning Recovery Emergency Fund created in Section 32525, to be allocated by the Superintendent to local educational agencies operating in the 2026–27 fiscal year pursuant to the methodology specified in subdivision (b). (2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (1) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2024–25 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 37. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 19.6. Covid-19 Emergency Appropriations for Education [32525 - 32527] SECTION 32527. Source version: id_24130011-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=19.6.&chapter=&article= (a) (1) (A) For the 2022–23 fiscal year, the sum of six hundred fifty million dollars ($650,000,000) is hereby appropriated from the General Fund to the office of the Chancellor of the California Community Colleges for transfer to the Learning Recovery Emergency Fund created in Section 32525. The chancellor’s office shall allocate available moneys in the Learning Recovery Emergency Fund deposited pursuant to this section to community college districts in the manner, and for the purposes, set forth in this section. This allocation shall be known as the California Community College COVID-19 Recovery Block Grant. (B) The Legislature finds and declares that, on March 4, 2020, the Governor proclaimed a state of emergency in response to the COVID-19 pandemic. (2) The chancellor’s office shall allocate the funds described in paragraph (1) to community college districts on the basis of actual reported full-time equivalent students, as those numbers of students are reported at the time of the second principal apportionment for the 2021–22 fiscal year. (3) The funds appropriated in this section may be expended for any of the following purposes: (A) Supports to address other barriers to learning as a result of disruption caused by COVID-19, such as access to basic needs and mental health services needed to support students impacted by COVID-19. (B) Reengagement strategies for students who received an incomplete or failing grade in the spring 2022 term due to COVID-19 and engagement strategies with high schools and local communities to restore broader access. (C) Grants to faculty to develop online, accelerated learning modules that allow students who received an incomplete or failing grade in the spring 2022 term due to COVID-19 to continue to make progress toward their degree rather than retaking courses in the fall 2022 term. (D) Professional development opportunities for faculty and student services professionals needed to continue educational instruction due to COVID-19, including supporting students impacted by learning loss related to COVID-19 and preparing and supporting faculty to develop online instructional capabilities in response to COVID-19. (E) Investments to close the digital divide, including investments in information technology infrastructure, facilitating student access to technology to be able to access online coursework, and technology, software, or other electronic instruments and materials for faculty to support courses that are difficult to teach online. (F) Cleaning supplies and personal protective equipment. (G) To discharge unpaid fees due or owed by a student to a community college in the district. (H) The purposes and activities identified in subdivisions (b) and (c) of Section 55 of Chapter 54 of the Statutes of 2022 and subdivision (a) of Provision 2 of Item 6870-121-0001 of Section 2.00 of the Budget Act of 2022. (4) As a condition of receiving funds provided in paragraph (1), community college districts shall perform both of the following: (A) Report, on or before March 1, 2023, to the chancellor’s office metrics on the provision of employer-sponsored health insurance for part-time faculty in the 2021–22 academic year, including, but not limited to, all of the following: (i) If the community college district offers health insurance to its part-time faculty, and if so, the minimum conditions for obtaining employer-sponsored coverage. (ii) The total number of qualifying part-time faculty and the number of participants in the Part-Time Community College Faculty Health Insurance program pursuant to Article 9 (commencing with Section 87860) of Chapter 3 of Part 51 of Division 7 of Title 3. (iii) The total number of part-time faculty who do not qualify for the Part-Time Community College Faculty Health Insurance program pursuant to Article 9 (commencing with Section 87860) of Chapter 3 of Part 51 of Division 7 of Title 3, but whose total cumulative teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. (iv) The source of health insurance by the number of part-time faculty in each category or type, which may include, but is not limited to, a community college district, a pooled health benefit plan, a spouse or domestic partner’s employer, another employer, private insurance, Covered California, Medi-Cal, or no health insurance. (B) Report, on or before March 1, 2026, metrics on the provision of employer-sponsored health insurance to part-time faculty in the 2024–25 academic year, including, but not limited to, the metrics referenced in subparagraph (A). (5) The chancellor’s office shall submit a report, consistent with Section 9795 of the Government Code, on the use of funds on or before March 1, 2024, to the Legislature, Legislative Analyst’s Office, and the Department of Finance that includes the amount of funds provided for each community college, a description of how funds were used for each of the purposes reflected in paragraph (3), a statement of reasons describing how the funds prioritized services for underrepresented students, and an explanation of the effectiveness of services or supports provided by these funds. (6) It is the intent of the Legislature that funds shall be used on activities that directly support community college students and mitigate community college student learning loss related to COVID-19 impacts, and that community college districts prioritize the use of these one-time funds for purposes, including, but not limited to, professional development, technology infrastructure, developing open education resources and zero-textbook-cost degrees, and supporting the mental health and wellness needs of students and staff. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made pursuant to subparagraph (A) of paragraph (1) of subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (Amended by Stats. 2023, Ch. 50, Sec. 2. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1000. Source version: id_df3e6341-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. (a) Except in a city and county, there shall be a county board of education, which shall, except as provided in subdivision (b), consist of five or seven regular members to be determined by the county committee on school district organization. Each regular member of the board shall be an elector of the trustee area that the regular member represents, and shall be elected by the electors of the trustee area. In chartered counties, the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district that includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education. (b) (1) There may be submitted to the county board of education of a county maintaining one or more high schools a pupil petition requesting the county board of education to appoint one or more pupil members to the county board of education pursuant to this section. (2) The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools that are under the jurisdiction of the county board of education, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the county board of education shall order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. (3) Upon receipt of a petition for pupil representation, the county board of education shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of the county board of education, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The county board of education may order the inclusion of more than one pupil member. The county board of education may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the county board of education determines the pupil member is not fulfilling their duties. If the county board of education appoints an alternate pupil member, the county board of education shall suspend the prior pupil member’s rights and privileges related to service on the county board of education. (4) (A) A pupil member of the county board of education shall have preferential voting rights. (B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the county board of education. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. (5) The county board of education may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the county board of education, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (6) (A) Each pupil member shall have the right to attend each and all meetings of the county board of education, except closed sessions. (B) (i) Each pupil member shall be appointed to subcommittees of the county board of education in the same manner as regular members. (ii) Each pupil member shall be made aware of the time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee. (iii) Subcommittee meetings may be scheduled in accordance with the availability of all members, including each pupil member. (7) (A) Except as provided in subparagraph (B), a pupil selected to serve as a pupil member of the county board of education shall be enrolled in a high school that is under the jurisdiction of the county board of education, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the county in accordance with policies and procedures prescribed by the county board of education. The term of a pupil member shall be one year, commencing on July 1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to provide more pupils with an opportunity to serve on the county board of education. (B) A pupil who is enrolled in a high school that is under the jurisdiction of a school district, and who may be less than 18 years of age, or a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education, and who may be less than 18 years of age, may be selected to serve as a pupil member of the county board of education as specified in subparagraph (A) if no petition is submitted to select a pupil who is enrolled in a high school that is under the jurisdiction of the county board of education. (8) A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (h) of Section 1090. (9) (A) A pupil member shall be seated with the regular members of the county board of education, and shall be recognized as a full member of the county board of education at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the county board of education, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues. (B) A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items. (10) A pupil member shall not be included in determining the vote required to carry any measure before the county board of education. (11) A pupil member shall not be liable for any acts of the county board of education. (12) A majority vote of all voting regular members shall be required to approve a motion to eliminate a pupil member position from the county board of education. The motion shall be listed as a public agenda item for a meeting of the county board of education before the motion is voted upon. (13) The policies and procedures for the selection of pupils to serve on the county board of education shall ensure and protect the privacy of each pupil, and of the parents or guardians of each pupil, involved in proceedings before the county board of education acting in its capacity as an appellate body. (c) Pupil members of a county board of education shall not be considered members of a legislative body or a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (d) As used in this section, the following definitions apply: (1) “Pupil member” means a pupil board member appointed pursuant to subdivision (b). (2) “Regular member” means a board member elected or selected pursuant to subdivision (a). (Amended by Stats. 2023, Ch. 437, Sec. 1.5. (AB 417) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1001. Source version: id_cb238377-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. (a) In those counties where the county superintendent of schools has jurisdiction over a school district situated in two or more counties, any qualified elector residing in the part of the school district situated in a county whose county superintendent of schools does not have jurisdiction of that school district shall be eligible to vote for one or more members of the county board of education of the county whose county superintendent of schools has jurisdiction over the school district. Each such elector shall be eligible to vote for the member of the county board of education representing the trustee area of that county having jurisdiction as designated by the county committee on school district organization. The committee shall apportion the portion of the school district territory not situated in the county having jurisdiction to one or more trustee areas of the other county so that that territory shall, insofar as possible, be represented as if it were situated in the county having jurisdiction. The territory so apportioned shall not become a part of the trustee area to which apportioned for any other purpose. As used in this subdivision, “school district” means any joint union elementary school district, joint union high school district, or joint unified school district, but does not include any community college district. (b) Any person who is a resident of a county and is made eligible to vote for the county board of education of another county pursuant to subdivision (a) shall not be eligible to vote for the county board of education of the county of which he or she is a resident. Notwithstanding the foregoing provisions of this subdivision, a person shall be eligible to vote for both county boards of education if he or she is a resident of an elementary school district of any type that is included in a joint union high school district and the elementary school district and the joint union high school district are each under the jurisdiction of different county superintendents of schools. (c) “County,” for purposes of this section, includes any county other than a charter county for which the charter specifies that this section does not apply. (Amended by Stats. 1987, Ch. 870, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1002. Source version: id_e2cd0843-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. (a) Upon being so requested by the county board of education, the county committee on school district organization, by a two-thirds vote of the members, may either change the boundaries of any or all of the trustee areas of the county pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code, or propose to increase or decrease the number of members of the county board of education, or both. (b) Following each decennial federal census, the county committee shall adopt trustee area boundaries pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code. (c) Except as to the redistricting deadline provided in Section 21140 of the Elections Code, changes in trustee area boundaries or a proposed reduction in the number of county board of education members shall be made in writing and filed with the county board of supervisors not later than the first day of March of any school year. (d) Whenever the boundaries of trustee areas are changed so as to be coterminous with those of supervisorial districts of the county, excluding any part of a trustee area that is outside of the county pursuant to Section 1001, the election for members of the county board of education shall be consolidated with the countywide election. (Amended by Stats. 2023, Ch. 343, Sec. 3. (AB 764) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1003. Source version: id_cb250a1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. When a county committee on school district organization proposes to reduce from seven to five or increase from five to seven the number of members of the county board of education, the county committee shall call and conduct a hearing on the matter. At the conclusion of the hearing, the county committee shall, by resolution, approve or disapprove the proposal. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1004. Source version: id_4172b430-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. The resolution of the county committee approving a reduction or increase in the number of members of the county board of education shall constitute an order of election, and the proposal shall be presented to the electors of the county not later than the next succeeding election for members of the county board of education. The ballot shall contain the following words, as appropriate: “Shall the number of members of the county board of education be decreased (increased) from seven (five) to five (seven)?” To the right of or below those words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the measure. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (Amended by Stats. 2025, Ch. 303, Sec. 1. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1005. Source version: id_9de3e355-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. (a) Notwithstanding subdivision (a) of Section 1000, the term of office of any member of a county board of education who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the area from which the member was elected and that member shall continue to represent the constituents residing in the area boundaries from which the member was elected for the duration of that term of office. This section does not prevent a board from assigning a trustee or county office of education official to provide constituent services to residents of an area that is temporarily not represented by a trustee due to redistricting. (b) At the first election for a member of the county board of education following adoption of the boundaries of trustee areas, excluding a special election to fill a vacancy or a recall election, a member shall be elected for each area under the new trustee area plan that has the same district number as a trustee area whose incumbent’s term is due to expire. (c) For a county board of education employing both a primary and a general election, a change in the boundaries of a trustee area shall not be made between the direct primary election and the general election. (Repealed and added by Stats. 2023, Ch. 343, Sec. 5. (AB 764) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1006. Source version: id_c40044a8-47e9-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. (a) Any registered voter is eligible to be a member of the county board of education except the county superintendent of schools or any member of his or her staff, or any employee of a school district that is within the jurisdiction of the county board of education. (b) Notwithstanding any other law, the county board of education may adopt or the residents of the county may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the county board of education may serve on the county board of education. Any proposal to limit the number of terms a member of the county board of education may serve on the county board of education shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. (c) An initiative measure proposed pursuant to subdivision (b) shall be subject to the procedures set forth in Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code. (Amended by Stats. 2012, Ch. 499, Sec. 1. (AB 1662) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1007. Source version: id_6db1b66d-fcc5-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. (a) Members of the county board of education shall be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date; otherwise the election shall be consolidated with the direct primary election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where the elections for governing board members are held on the same date, then the provisions of Section 5303 shall apply to the election of members of the county board of education. Elections held pursuant to this article shall be conducted by the county board of education. Members elected at the time of the direct primary shall take office on the first day of July, and members elected at the date on which members of school district governing boards are elected shall take office on the second Friday in December subsequent to their election. The county committee on school district organization shall determine the manner in which the county board of education first elected shall effect a staggering of terms. (b) This section shall govern the election and term of office of members of a county board of education except as provided under Sections 1302 and 10404.5 of the Elections Code. (Amended by Stats. 2018, Ch. 146, Sec. 1. (AB 2449) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1008. Source version: id_cb268fc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. When any vacancy exists on the county board of education of any county on or after December 1, 1978, the vacancy shall be filled in the manner prescribed in Article 3 (commencing with Section 5090) of Chapter 1 of Part 4. (Repealed and added by Stats. 1979, Ch. 9.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1009. Source version: id_a4f0ee7f-fcc5-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. The county board of education shall organize at a meeting held in each year by electing one of their number president of the board. The meeting at which the organization is conducted shall be either the first meeting on or after the second Friday in December, or the first meeting on or after the first day in July, depending upon whether, pursuant to Section 1007, the terms of office of board members commence on the second Friday in December or the first day in July. (Amended by Stats. 2018, Ch. 146, Sec. 2. (AB 2449) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1010. Source version: id_cb268fc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. The county superintendent of schools is ex officio secretary and executive officer of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1011. Source version: id_cb268fcb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. Regular meetings of the board shall be held at times it may determine, but not less than once per month and shall be conducted in accordance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. (Amended by Stats. 1987, Ch. 1452, Sec. 4.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1012. Source version: id_cb268fcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. Special meetings may be called by the president whenever, in his judgment, the exigencies of the schools require them to be held. Upon the request of any three members, in writing, the president shall call a special meeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1013. Source version: id_cb268fcf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. A majority of the members shall constitute a quorum for the transaction of business. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1014. Source version: id_cb268fd1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. No teacher’s certificate shall be issued or renewed, nor shall any books or apparatus be adopted except by an affirmative vote of at least a majority of the members of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1015. Source version: id_cb281673-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. On the call of any member, the ayes and nays shall be taken upon any proposition, and the vote shall be recorded in the minutes of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1016. Source version: id_cb281675-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. At special meetings, no business shall be transacted other than such as may be specified in the call of the president, except that certificates to teach, upon credentials, may be granted, and unexpired certificates to teach may be renewed at any meeting of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 1. Election, Jurisdiction, Organization and Procedure [1000 - 1017] SECTION 1017. Source version: id_cb299d17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=1. In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the offices of those members of the county board of education whose terms have been fixed to expire in even-numbered years shall become vacant upon the expiration of those terms. The vacancies arising shall be filled by the majority of the remaining members of the board, and the appointees shall hold office only until the first day of July following the election of their successors. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1040. Source version: id_cb299d1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. County boards of education shall: (a) Adopt rules and regulations not inconsistent with the laws of this state, for their own government. (b) Keep a record of their proceedings. (c) Approve the annual budget of the county superintendent of schools before its submission to the county board of supervisors. (d) Approve the annual county school service fund budget of the county superintendent of schools before its submission to the Superintendent of Public Instruction. (e) Review, as a scheduled agenda item at a regularly scheduled public meeting held pursuant to Article 1 (commencing with Section 1000) of this chapter, the report of the annual audit provided for by the county superintendent of schools under Section 41020. (Amended by Stats. 1985, Ch. 741, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1041. Source version: id_cb299d1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. County boards of education may: (a) Adopt and use an official seal in authentication of their acts. (b) Have such printing done as may be necessary. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1042. Source version: id_bb10a1dd-c7b6-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. County boards of education may do all of the following: (a) Adopt rules and regulations governing the administration of the office of the county superintendent of schools. (b) Review the county superintendent of schools annual itemized estimate of anticipated revenue and expenditures before the annual itemized estimate is filed with the auditor as required by Section 29040 of the Government Code, and make revisions, reductions, or additions in the annual itemized estimate it deems advisable and proper. An annual itemized estimate shall not be filed by the county superintendent of schools or be approved by the board of supervisors until it has first been so reviewed and approved by the county board of education. (c) In the name by which the board of education is designated, acquire, lease, lease-purchase, hold, and convey real property for the purpose of housing the offices and the services of the county superintendent of schools, except that this subdivision shall only apply to the county boards of education to which all or a portion of the duties and functions of the county board of supervisors specified in subdivision (b) of Section 1080 have been transferred, with the exception of the recreational duties and recreational functions specified in subdivisions (c) and (d) of Section 1080. (d) Contract with and employ any persons for the furnishing to the county board of education of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if these persons are specially trained and experienced and competent to perform the special services required. The county board of education may pay from any available funds the compensation that it deems proper for the services rendered. (e) (1) Notwithstanding Section 25304 of the Government Code, fill by appointment any vacancy that occurs during the term of office of the county superintendent of schools. In a county in which the superintendent is elected, the appointee shall hold office until the office is filled by election at the next gubernatorial election. (2) The authority described in this subdivision shall be vested in a county board of education only upon its adoption by the board at a public meeting held pursuant to Article 1 (commencing with Section 1000). (f) This section shall become operative on July 1, 2017. (Repealed (in Sec. 1) and added by Stats. 2012, Ch. 38, Sec. 2. (SB 1016) Effective June 27, 2012. Section operative July 1, 2017, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1043. Source version: id_cb2b23c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. Upon the adoption of a resolution by the board of supervisors of the county consenting to the transfer of the functions specified in this section, the functions specified in this section shall be transferred from the county board of supervisors to the county board of education. The functions, including, but not limited to, the receipt of petition and reports and other papers, are those specified in Sections 35001, 35002, 35676, 35698, 35699, 35703, 35704, 35705, 35722, 35723, 35724, 74100, 74104, 74131, 74132, 74134, 74151, 74153, 74156, 74250, 74251, and 74295. Upon the adoption of the resolution, any reference, with respect to that county, in those sections to the board of supervisors shall be deemed to be a reference to the county board of education of that county and any reference to the clerk of the county board of supervisors shall be deemed to be a reference to the secretary of the county board of education of that county. (Amended by Stats. 1990, Ch. 1372, Sec. 11.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1044. Source version: id_cb2b23c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. Any county board of education may secure copyrights, in the name of the board, to all copyrightable works developed by the board, and royalties or revenue from such copyrights are to be for the benefit of the board securing such copyrights. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1045. Source version: id_cb2b23c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. Any county board of education may, in accordance with regulations adopted by the board and for educational use, sell, give, or exchange for similar published materials, published materials prepared by the board in connection with the curricular and special services that the board is authorized to perform. Unless restricted by the regulations of the board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Section 1 of Article IX of the California Constitution. Any county board of education may also license the use of copyrights held by the board, to the same persons or entities and for the same purposes as provided in the prior paragraph. The board shall grant such a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher. Any charge which may be assessed such a public agency for the license to use the copyright or for materials, to which the board holds the copyright, shall not exceed the cost to the board of the preparation and reproduction of the materials. Any granting of a license, by a county board of education, to reproduce copyrighted material is declared to be for a public purpose in furtherance of Section 1 of Article IX of the California Constitution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1046. Source version: id_cb2b23c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. The county board of education in any county required to provide for the education and training of handicapped persons residing in the county, when in its judgment necessity therefor exists, may construct and maintain dormitories for use and occupancy by such persons, and shall fix the rates to be charged such persons, or parents or guardians of such persons, for quarters in the dormitories. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1047. Source version: id_cb2b23c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. A county board of education, to which all of the duties and functions of the county board of supervisors have been transferred pursuant to Section 1080 may exercise the power of eminent domain to acquire any property necessary or convenient for carrying out the provisions of this article. (Amended by Stats. 1980, Ch. 143, Sec. 1. Effective May 30, 1980.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 2. Duties and Responsibilities [1040 - 1048] SECTION 1048. Source version: id_bb73e882-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=2. If a county board of education, county office of education, or county superintendent of schools enters into an agreement to let to any person, firm, or corporation any real property that belongs to the county office of education or a school district and requires the lessee to construct on the demised premises or provide for the construction of a building for use by the county office of education or a school district, the county board of education, county office of education, or county superintendent of schools shall comply with all requirements applicable to the governing board of a school district pursuant to Sections 17406, 17407, and 17407.5. (Added by Stats. 2017, Ch. 125, Sec. 1. (AB 591) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 3. Transfer of Duties and Functions to County Board of Education [1080 - 1082] SECTION 1080. Source version: id_cb2caa6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=3. The county board of supervisors, by resolution, may transfer all of the following duties and functions of the county board of supervisors to the county board of education: (a) Approval of the county superintendent’s estimate of anticipated revenue and expenditures pursuant to Section 1042 following which it shall be filed with the county board of supervisors. (b) Allowance of the actual and necessary travel expenses, the expenses of the office of the county superintendent of schools, and the expenses of providing housing for all the services of the county superintendent of schools pursuant to Sections 1200, 1201, 1202, and 1203. (c) By agreement with the county board of education, any other duties and functions of an educational, or educational and recreational, nature which by law are required or permitted to be performed by the county board of supervisors. (d) By agreement with the county board of education, the community recreation functions authorized by Chapter 10 (commencing with Section 10900) of Part 7 of this division. The transfer of duties and functions under the provisions of this article shall not alter the requirement that the expenses for those duties and functions be paid out of the county general fund as provided elsewhere in this code, provided however that the county board of supervisors and the county board of education may agree that all or any portion of the expenses for those duties and functions that are by law required or permitted to be paid from the county general fund shall be included in that part of the single budget prepared by the county board of education for which a county tax is levied pursuant to Section 1623. (Amended by Stats. 1987, Ch. 1452, Sec. 5.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 3. Transfer of Duties and Functions to County Board of Education [1080 - 1082] SECTION 1081. Source version: id_cb2e310f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=3. Upon the transfer of duties and functions to the county board of education pursuant to Section 1080, the county superintendent of schools may, with the approval of the county board of education, pay actual and necessary travel expenses incurred by the county superintendent of schools or by his designated staff members in accordance with regulations established by the county board of education. The board may authorize an advance of funds to cover such necessary traveling expenses. Such advance shall be repaid or adjusted upon the filing of a regular claim for the actual and necessary traveling expenses incurred. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 3. Transfer of Duties and Functions to County Board of Education [1080 - 1082] SECTION 1082. Source version: id_cb2e3111-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=3. A county board of education to which functions and duties under this article have been transferred may enter into agreements for the acquisition of real property or improvements as authorized by the County Employees Retirement Law of 1937. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1090. Source version: id_44a70432-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. (a) The board of supervisors may allow, as compensation, to each regular member of the county board of education a sum not to exceed the following amounts: (1) In any class one county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed three thousand dollars ($3,000) per month. (2) In any class two county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed two thousand dollars ($2,000) per month. (3) In any class three county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed one thousand five hundred dollars ($1,500) per month. (4) In any class four county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed one thousand dollars ($1,000) per month. (5) In any class five, class six, class seven, or class eight county, each regular member of the county board of education who actually attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed eight hundred dollars ($800) per month. (b) Any regular member or pupil member who does not attend all meetings held in any month may receive as compensation for the regular member’s or pupil member’s services, an amount not greater than the maximum amount allowed by subdivision (a) or paragraph (2) of subdivision (h), as applicable, divided by the number of meetings held, and multiplied by the number of meetings actually attended. (c) The amount of compensation shall be determined by the county board of supervisors, or, in a county having a fiscally independent county board of education, by the county board of education. (d) A pupil member or regular member of a county board of education may be paid for any meeting for which the member is absent if the board by resolution duly adopted and included within its minutes finds that at the time of the meeting the member was performing services outside the meeting on behalf of the board, the member was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board. (e) There may also be allowed to each regular member who uses a privately owned automobile in the discharge of necessary official duties as a member of the county board of education, the same amount as allowed by any county official in the performance of the county official’s duties. The mileage rate allowed in this section shall be based on the total mileage claimed in a calendar month. (f) For purposes of this section, the classification of counties shall be determined pursuant to Section 1205. (g) On an annual basis, the county board of education may increase the compensation of individual regular members of the board beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code. (h) The county board of education may award a pupil member either or both of the following: (1) Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided. (2) Monthly financial compensation as determined by the county board of education. (i) As used in this section, the following definitions apply: (1) “Pupil member” means a pupil board member appointed pursuant to subdivision (b) of Section 1000. (2) “Regular member” means a board member elected or selected pursuant to subdivision (a) of Section 1000. (Amended by Stats. 2025, Ch. 639, Sec. 1. (AB 1390) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1090.1. Source version: id_e617d214-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. (a) Notwithstanding any other law, and to the extent permitted by federal law, any compensation awarded to a pupil member pursuant to subdivision (h) of Section 1090 shall not be considered as income or resources when determining eligibility and benefit amount for any means-tested program, including, but not limited to, CalWORKs, General Assistance, Medi-Cal, and Cash Assistance Program for Immigrants (CAPI), and any scholarships for public colleges and universities, including, but not limited to, Cal Grant awards, Chafee grant awards, Middle Class Scholarship Program awards, California College Promise Grants, California State University Educational Opportunity Program (EOP) grants, Community College Extended Opportunity Programs and Services (EOPS) grants, and grants from the University of California or the California State University. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section for programs under its jurisdiction by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (c) This section shall apply to programs under the jurisdiction of the State Department of Social Services beginning on the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this section for those programs. The department shall issue guidance as necessary to begin automation no later than July 1, 2026. (Added by Stats. 2025, Ch. 686, Sec. 1. (AB 320) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1091. Source version: id_cb2fb7b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. If the members of the board of supervisors of any county are not allowed mileage, the board of supervisors of the county shall allow to each member of the county board of education of that county actual and necessary traveling expenses not exceeding twenty-five cents ($0.25) per mile one way in attending the meetings of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1092. Source version: id_cb2fb7b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. The secretary may be allowed the sum of ten dollars ($10) per day for the actual time that the board may be in session. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1093. Source version: id_cb2fb7bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. Compensation of the members of the board, shall be payable out of the county general fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1094. Source version: id_cb2fb7bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. Expenses for printing required by the county board of education, and all incidental expenses incurred for stationery or other purposes in the performance of its duties, shall be audited and paid as other claims against the general fund of the county are paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1095. Source version: id_cb2fb7bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. The county board of education may subscribe for membership in, or otherwise become a member of, any state or local organization of governing boards of school districts or members thereof, or of county boards of education or members thereof, or both, which has for its primary purpose the promotion and advancement of public education through research and investigation, and the cooperation with persons and associations whose interests and purposes are the betterment of the educational opportunities of the children of the state. The costs incurred for the purposes of this section shall be payable out of the county general fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1096. Source version: id_cb3efa01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. The county board of education of each county may select a member or members of the board to attend meetings of any society, association, or organization for which the board has subscribed for membership, or any convention to which the governing board of a school district or a community college district may pay the expenses of any employee. The actual expenses of the member or members shall be allowed and paid out of the county general fund with prior budgetary approval. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 1. County Boards of Education [1000 - 1097] ARTICLE 4. Salaries and Expenses [1090 - 1097] SECTION 1097. Source version: id_cb3efa03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=1.&article=4. Whenever a tax rate or portion thereof is levied by any county for the support of its county board of education and superintendent of schools, the assessed valuation of all, but only such portions of elementary and unified school districts under its jurisdiction, shall be considered. The tax rate or portion thereof so computed shall be levied uniformly in all such areas, irrespective of the county in which situated. All moneys collected in surrounding counties from the levy of such tax rate or portion thereof shall be remitted by the respective county auditors to the auditor of the county of jurisdiction and shall be deposited by him to the credit of the fund or funds from which the support of his county board of education and superintendent of schools is derived. This section shall be applicable to a chartered county if Section 1001 is applicable to it. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 10. Apportionment of County Forest Reserve School Money [2300- 2300.] SECTION 2300. Source version: id_cbf662f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=10.&article= The county auditor of any county, receiving money from the government of the United States pursuant to any act of Congress providing for the distribution and payment to states and territories of a fixed and definite percentage of the money received by the government of the United States from the forest reserves established therein, shall apportion the money pursuant to Section 29484 of the Government Code. The county superintendent of schools, with the approval of the county board of education, may allocate 15 percent of the funds from such money for use for the improvement of educational programs for students in the county. The balance of the money credited to the forest reserve account in the county school service fund from the United States Forest Reserve Fund in the State Treasury shall be apportioned by the county superintendent of schools to school districts and community college districts of the county lying within or adjacent to the United States forest reserve with approval of the county board of education in a manner which shall be prescribed prior to the 30th day of June of the fiscal year next following the year in which received. When a portion of the area of a county is subject to the jurisdiction of the county superintendent of schools of another county or counties and such portion lies in or adjacent to the United States forest reserve, no apportionment of such money shall be made from the county school service fund without the approval of the county boards of education of both or all counties. In the event that both or all county boards of education do not concur in the apportionments of such money from the county school service fund prior to the first day of April of any year the county superintendent of schools of both or all counties shall on that date notify the Superintendent of Public Instruction or board of governors who shall, not later than 60 days following notification, make the apportionments. Apportionments made by the Superintendent of Public Instruction or board of governors are final. Money apportioned pursuant to this section shall be deposited by the county auditor to the credit of the several funds as directed by the county superintendent of schools with the approval of the county board of education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 11. County School Supply Revolving Fund [2400 - 2403] SECTION 2400. Source version: id_cbf7e995-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=11.&article= The county superintendent of schools, or, when so directed by him or her, the county purchasing agent, shall, whenever a school supply revolving fund is established, purchase school supplies and equipment for the school districts of the county which are required or authorized to purchase supplies or equipment through him or her, and upon requisition therefor by the proper authorities of the district shall deliver or cause the supplies to be delivered to the district together with a memorandum of the amount of the cost of the supplies delivered. (Amended by Stats. 1981, Ch. 470, Sec. 8.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 11. County School Supply Revolving Fund [2400 - 2403] SECTION 2401. Source version: id_cbf7e997-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=11.&article= Upon proper evidence of the receipt by any school district of the school supplies and equipment, and upon approval by the county superintendent of schools for payment of the invoice therefor, he shall draw his requisition upon the county auditor against the proper funds of the district in favor of the school supply revolving fund for the cost of the supplies and equipment plus a charge, not to exceed 10 percent of the cost, to cover expenses of handling and possible losses. He shall thereupon draw his requisition upon the county auditor against the school supply revolving fund in favor of the vendor of the supplies and equipment in the amount of the approved invoice. The requisitions, when allowed and signed by the county auditor, constitute warrants on the county treasurer against the funds of the district and against the school supply revolving fund, respectively. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 11. County School Supply Revolving Fund [2400 - 2403] SECTION 2402. Source version: id_cbf7e999-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=11.&article= The county superintendent of schools, or, if so directed by him, the county purchasing agent, may employ such help as is necessary to care for the receiving, handling, and forwarding of school supplies and equipment, and the necessary wages and expenses for the help shall be paid from the school supply revolving fund on requisition by the superintendent. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 11. County School Supply Revolving Fund [2400 - 2403] SECTION 2403. Source version: id_cbf7e99b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=11.&article= The superintendent of schools may determine to abolish the school supply revolving fund in his county by serving notice in writing upon the auditor and treasurer of the county. Upon filing the notice discontinuing the fund, the superintendent of schools shall immediately arrange for the sale of supplies in his possession at their market price at the time of the sale plus any handling charges that may be charged against them. The sums secured from the sale shall be deposited by the superintendent of schools in the revolving fund which shall then be returned by the auditor to the respective districts from which it was created. A determination upon the part of the superintendent of schools to dispose of the school supply revolving fund shall not prejudice his right at a future time to recreate the fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] SECTION 2550.3. Source version: id_cbfaf6eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=3. Each county superintendent of schools, as a condition of apportionment, shall report separately to the Superintendent of Public Instruction, not later than May 1, 1998, and September 1, 1998, respectively, what portions of attendance in the schools and classes maintained by the county superintendent that was reported for each of the 1996–97 and 1997–98 school years pursuant to Section 41601 consisted of absences excused pursuant to subdivision (b) of Section 46010 and to Section 46015, as those sections read on July 1, 1996. Each report shall be prepared in accordance with instructions and on forms prescribed by the Superintendent of Public Instruction. (Amended by Stats. 1998, Ch. 846, Sec. 1. Effective September 25, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] SECTION 2553. Source version: id_cbff8ad9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=3. For major capital outlay projects or major repair or replacement projects, which cannot be funded by other revenue sources, county superintendents of schools shall be eligible for such funds in the same manner as specified by law for school districts. Any funds apportioned to the county superintendent pursuant to this section shall be restricted to the purposes of this section. (Amended by Stats. 1980, Ch. 1354, Sec. 2.5. Effective September 30, 1980.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] SECTION 2555. Source version: id_cbff8add-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=3. Beginning July 1, 1979, the Superintendent of Public Instruction shall apportion an amount to each county superintendent sufficient for payments required pursuant to any school building aid law previously funded by a tax levied pursuant to Section 2503. (Added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] SECTION 2556. Source version: id_cc01117f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=3. For the purposes of the allocation of property tax revenues for the 1979–80 fiscal year and each fiscal year thereafter pursuant to Part 0.5 (commencing with Section 95) of Division 1 of the Revenue and Taxation Code, property tax revenues received for the 1977–78 fiscal year pursuant to Sections 41203 and 84203 of the Education Code, or for the 1978–79 fiscal year pursuant to Section 2 of Chapter 51, Statutes of 1979, shall be deemed to be property tax revenues received by the county superintendent of schools. (Added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 3. Computation of Revenue Limits [2550.3 - 2558] SECTION 2558. Source version: id_9b30131e-8161-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=3. Notwithstanding any other law, for the 1979–80 fiscal year and each fiscal year thereafter, the Superintendent shall apportion state aid to county superintendents of schools pursuant to this section. (a) The Superintendent shall total the amounts computed for the fiscal year pursuant to Sections 2550, 2551.3, 2554, 2555, and 2557 and Section 2551, as that section read on January 1, 1999. For the 1979–80 fiscal year and for purposes of calculating the 1979–80 fiscal year base amounts in succeeding fiscal years, the amounts in Sections 2550, 2551, 2552, 2554, 2555, and 2557, as they read in the 1979–80 fiscal year, shall be multiplied by a factor of 0.994. For the 1981–82 fiscal year and for purposes of calculating the 1981–82 fiscal year base amounts in succeeding fiscal years, the amount in this subdivision shall be multiplied by a factor of 0.97. (b) For the 1995–96 fiscal year and each fiscal year thereafter, the county superintendent of schools shall adjust the total revenue limit computed pursuant to this section by the amount of increased or decreased employer contributions to the Public Employees’ Retirement System resulting from the enactment of Chapter 330 of the Statutes of 1982, adjusted for any changes in those contributions resulting from subsequent changes in employer contribution rates, excluding rate changes due to the direct transfer of the state-mandated portion of the employer contributions to the Public Employees’ Retirement System through the current fiscal year. The adjustment shall be calculated for each county superintendent of schools as follows: (1) Determine the amount of employer contributions that would have been made in the current fiscal year if the applicable Public Employees’ Retirement System employee contribution rate in effect immediately before the enactment of Chapter 330 of the Statutes of 1982 were in effect during the current fiscal year. (2) Determine the actual amount of employer contributions made to the Public Employees’ Retirement System in the current fiscal year. (3) If the amount determined in paragraph (1) is greater than the amount determined in paragraph (2), the total revenue limit computed pursuant to this part for that county superintendent of schools shall be decreased by the amount of the difference between those paragraphs; or if the amount determined in paragraph (1) is less than the amount determined in paragraph (2), the total revenue limit for that county superintendent of schools shall be increased by the amount of the difference between those paragraphs. (4) For purposes of this subdivision, employer contributions to the Public Employees’ Retirement System for either of the following positions shall be excluded from the calculation specified above: (A) Positions or portions of positions supported by federal funds that are subject to supplanting restrictions. (B) Positions supported, to the extent of employers’ contributions not exceeding twenty-five thousand dollars ($25,000) by any single educational agency, from a non-General Fund revenue source determined to be properly excludable from this subdivision by the Superintendent with the approval of the Director of Finance. Commencing in the 2002–03 fiscal year, only positions supported from a non-General Fund revenue source determined to be properly excludable as identified for a particular local educational agency or pursuant to a blanket waiver by the Superintendent and the Director of Finance, before the 2002–03 fiscal year, may be excluded pursuant to this paragraph. (5) For accounting purposes, any reduction to county office of education revenue limits made by this subdivision may be reflected as an expenditure from appropriate sources of revenue as directed by the Superintendent. (6) The amount of the increase or decrease to the revenue limits of county superintendents of schools made by this subdivision for the 1995–96 to 2001–02 fiscal years, inclusive, may not be adjusted by the deficit factor applied to the revenue limit of each county superintendent of schools pursuant to Section 2558.45. (7) For the 2003–04 fiscal year and any fiscal year thereafter, the revenue limit reduction specified in Section 2558.46 may not be applied to the amount of the increase or decrease to the revenue limits of each county superintendent of schools computed pursuant to paragraph (3). (c) The Superintendent shall also subtract from the amount determined in subdivision (a) the sum of all of the following: (1) Local property tax revenues received pursuant to Section 2573 in the then current fiscal year, and tax revenues received pursuant to Section 2556 in the then current fiscal year. (2) State and federal categorical aid for the fiscal year. (3) District contributions pursuant to Section 52321 for the fiscal year, and other applicable local contributions and revenues. (4) Any amounts that the county superintendent of schools was required to maintain as restricted and not available for expenditure in the 1978–79 fiscal year as specified in the second paragraph of subdivision (c) of Section 6 of Chapter 292 of the Statutes of 1978, as amended by Chapter 51 of the Statutes of 1979. (5) The amount received pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 33607.5 of the Health and Safety Code that is considered property taxes pursuant to that section. (6) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code. (7) The amount, if any, received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (d) The remainder computed in subdivision (c) shall be distributed in the same manner as state aid to school districts from funds appropriated to Section A of the State School Fund. (e) If the remainder determined pursuant to subdivision (c) is a negative amount, no state aid shall be distributed to that county superintendent of schools pursuant to subdivision (d), and an amount of funds of that county superintendent of schools equal to that negative amount shall be deemed restricted and not available for expenditure during the current fiscal year. In the next fiscal year, that amount shall be considered local property tax revenue for purposes of the operation of paragraph (1) of subdivision (c). (f) The calculations set forth in paragraphs (1) to (3), inclusive, of subdivision (b) exclude employer contributions for employees of charter schools funded pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4 of Title 2. (g) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (h) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 4. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] SECTION 2570. Source version: id_cc27374f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=4. For the 1980–81 fiscal year and each fiscal year thereafter the county superintendent of schools shall allocate property tax revenues pursuant to this article. (Added by Stats. 1980, Ch. 797, Sec. 4. Effective July 28, 1980.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] SECTION 2571. Source version: id_88e95093-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=4. The Superintendent shall make the following computations for each county superintendent of schools: (a) Add the property tax revenues received for the 1977–78 fiscal year pursuant to subdivisions (b), (c), and (d) of Section 2500, Section 2501 for purposes of Section 1705, Section 2502 for purposes of Section 56811, Section 2505 for special education tuition charges, Section 42909 for purposes of Section 56604, and Section 56364 or Section 56364.2, as applicable. For purposes of this subdivision, section references are to sections effective during the 1977–78 fiscal year. (b) Divide the sum computed pursuant to subdivision (a) by the total amount of property tax revenues received by the county superintendent of schools for the 1977–78 fiscal year. (c) Multiply the quotient computed pursuant to subdivision (b) by the total amount of property tax revenues received by the county superintendent of schools for the then current fiscal year. (d) Subtract the product computed pursuant to subdivision (c) from the total amount of property tax revenues received by the county superintendent of schools for the then current fiscal year. (e) For purposes of subdivisions (c) and (d), “total property tax revenues” include taxes on the secured roll, taxes on the unsecured roll, prior year taxes, subventions of property taxes, and, beginning in the 2012–13 fiscal year, revenues received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code. (Amended by Stats. 2012, Ch. 38, Sec. 5. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] SECTION 2572. Source version: id_5c89cdc9-c12f-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=4. The product computed pursuant to subdivision (c) of Section 2571 is the amount of property tax revenues to be allocated to special education programs. This amount shall be subtracted pursuant to Section 56836.15. (Amended by Stats. 2020, Ch. 24, Sec. 2. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12. County Tax Rates, County Superintendents [2550.3 - 2573] ARTICLE 4. Allocation of Property Tax Revenues [2570 - 2573] SECTION 2573. Source version: id_cc273755-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.&article=4. The remainder computed pursuant to subdivision (d) of Section 2571 is the amount of property tax revenues to be allocated for programs funded pursuant to Section 2558. (Added by Stats. 1980, Ch. 797, Sec. 4. Effective July 28, 1980.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2574. Source version: id_cf81ef1f-20e6-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= For the 2013–14 fiscal year and for each fiscal year thereafter, the Superintendent annually shall calculate a county local control funding formula for each county superintendent of schools as follows: (a) Compute a county office of education operations grant equal to the sum of each of the following amounts: (1) Six hundred fifty-five thousand nine hundred twenty dollars ($655,920). (2) One hundred nine thousand three hundred twenty dollars ($109,320) multiplied by the number of school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253. (3) (A) Seventy dollars ($70) multiplied by the number of units of countywide average daily attendance, up to a maximum of 30,000 units. (B) Sixty dollars ($60) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 30,000 units, up to a maximum of 60,000 units. (C) Fifty dollars ($50) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 60,000, up to a maximum of 140,000 units. (D) Forty dollars ($40) multiplied by the number of units of countywide average daily attendance for the portion of countywide average daily attendance, if any, above 140,000 units. (E) For purposes of this section, countywide average daily attendance means the aggregate number of annual units of average daily attendance within the county attributable to all school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253, charter schools authorized by school districts for which the county superintendent of schools has jurisdiction, and charter schools authorized by the county superintendent of schools. (4) For the 2014–15 fiscal year and each fiscal year thereafter, adjust each of the rates provided in the prior year pursuant to paragraphs (1), (2), and (3) by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (5) Commencing with the 2022–23 fiscal year, add one hundred seventy-five thousand dollars ($175,000) to the amount specified in paragraph (2), as that rate was adjusted pursuant to paragraph (4). (6) Commencing with the 2022–23 fiscal year, add fourteen dollars ($14) to each of the amounts specified in subparagraphs (A) to (D), inclusive, of paragraph (3), as those rates were adjusted pursuant to paragraph (4). (b) Determine the enrollment percentage of unduplicated pupils pursuant to the following: (1) (A) For the 2013–14 fiscal year, divide the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the 2013–14 fiscal year by the total enrollment in those schools in the 2013–14 fiscal year. (B) For the 2014–15 fiscal year, divide the sum of the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the 2013–14 and 2014–15 fiscal years by the sum of the total enrollment in those schools in the 2013–14 and 2014–15 fiscal years. (C) For the 2015–16 fiscal year and each fiscal year thereafter, divide the sum of the enrollment of unduplicated pupils in all schools operated by a county superintendent of schools in the current fiscal year and the two prior fiscal years by the sum of the total enrollment in those schools in the current fiscal year and the two prior fiscal years. (D) (i) For purposes of the quotients determined pursuant to subparagraphs (B) and (C), the Superintendent shall use a county superintendent of schools’ enrollment of unduplicated pupils and total pupil enrollment in the 2014–15 fiscal year instead of the enrollment of unduplicated pupils and total pupil enrollment in the 2013–14 fiscal year if doing so would yield an overall greater percentage of unduplicated pupils. (ii) It is the intent of the Legislature to review each county office of education’s enrollment of unduplicated pupils for the 2013–14 and 2014–15 fiscal years and provide one-time funding, if necessary, for a county office of education with higher enrollment of unduplicated pupils in the 2014–15 fiscal year as compared to the 2013–14 fiscal year. (E) For purposes of determining the enrollment percentage of unduplicated pupils pursuant to this subdivision, enrollment in schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2 and the enrollment of pupils other than the pupils identified in clauses (i) to (iii), inclusive, of subparagraph (A) of paragraph (4) of subdivision (c), shall be excluded from the calculation of the enrollment percentage of unduplicated pupils. (F) The data used to determine the percentage of unduplicated pupils shall be final once that data is no longer used in the current fiscal year calculation of the percentage of unduplicated pupils. This subparagraph does not apply to a change that is the result of an audit that has been appealed pursuant to Section 41344. (2) For purposes of this section, an “unduplicated pupil” is a pupil who is classified as an English learner, eligible for a free or reduced-price meal, or a foster youth. For purposes of this section, the definitions in Section 42238.01 of an English learner, a pupil eligible for a free or reduced-price meal, and foster youth shall apply. A pupil shall be counted only once for purposes of this section if any of the following apply: (A) The pupil is classified as an English learner and is eligible for a free or reduced-price meal. (B) The pupil is classified as an English learner and is a foster youth. (C) The pupil is eligible for a free or reduced-price meal and is classified as a foster youth. (D) The pupil is classified as an English learner, is eligible for a free or reduced-price meal, and is a foster youth. (3) (A) Under procedures and timeframes established by the Superintendent, commencing with the 2013–14 fiscal year, a county superintendent of schools annually shall report the enrollment of unduplicated pupils, pupils classified as English learners, pupils eligible for free and reduced-price meals, and foster youth in schools operated by the county superintendent of schools to the Superintendent using the California Longitudinal Pupil Achievement Data System. (B) The Superintendent shall make the calculations pursuant to this section using the data submitted through the California Longitudinal Pupil Achievement Data System. (C) The Controller shall include instructions, as appropriate, in the audit guide required by subdivision (a) of Section 14502.1, for determining if the data reported by a county superintendent of schools using the California Longitudinal Pupil Achievement Data System is consistent with pupil data records maintained by the county office of education. (c) Compute an alternative education grant equal to the sum of the following: (1) (A) (i) For the 2013–14 fiscal year to the 2022–23 fiscal year, inclusive, a base grant equal to the 2012–13 per pupil undeficited statewide average juvenile court school base revenue limit calculated pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013, and as adjusted each fiscal year pursuant to subparagraph (B). For purposes of this subparagraph, the 2012–13 statewide average juvenile court school base revenue limit shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (ii) For the 2023–24 fiscal year, a base grant equal to the grade span-adjusted base grant for average daily attendance in grades 9 to 12, inclusive, calculated pursuant to subdivision (d) of Section 42238.02, for the 2022–23 fiscal year, multiplied by 1.33, and then adjusted pursuant to subparagraph (B) for the 2023–24 fiscal year. (iii) Commencing with the 2024–25 fiscal year, and each fiscal year thereafter, a base grant equal to the amount calculated pursuant to clause (ii) and as adjusted each year pursuant to subparagraph (B). (B) Commencing with the 2013–14 fiscal year, the per pupil base grant shall be adjusted by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (2) A supplemental grant equal to 35 percent of the base grant described in paragraph (1) multiplied by the enrollment percentage calculated in subdivision (b). The supplemental grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (3) (A) A concentration grant equal to 35 percent of the base grant described in paragraph (1) multiplied by the greater of either of the following: (i) The enrollment percentage calculated in subdivision (b) less 50 percent. (ii) Zero. (B) The concentration grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (4) (A) Multiply the sum of paragraphs (1), (2), and (3) by the total number of units of average daily attendance for pupils attending schools operated by a county office of education, excluding units of average daily attendance for pupils attending schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, who are enrolled pursuant to any of the following: (i) Probation-referred pursuant to Sections 300, 601, 602, and 654 of the Welfare and Institutions Code. (ii) On probation or parole and not in attendance in a school. (iii) Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915. (B) Multiply the number of units of average daily attendance for pupils attending schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2 by the sum of the base grant calculated pursuant to paragraph (1), a supplemental grant equal to 35 percent of the base grant calculated pursuant to paragraph (1), and a concentration grant equal to 17.5 percent of the base grant calculated pursuant to paragraph (1). Funds provided for the supplemental and concentration grants pursuant to this calculation shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (C) Add the amounts calculated in subparagraphs (A) and (B). (5) Notwithstanding any other law, commencing with the 2023–24 fiscal year, and for purposes of this subdivision, average daily attendance shall be the sum of both of the following: (A) The average daily attendance reported by the county superintendent of schools for the annual reporting period for the current fiscal year, or the prior fiscal year if the prior year total is greater, or the average of the three most recent prior fiscal years if the average total is greater than both the current year and the prior year. (B) If applicable, the average daily attendance reported by a charter school in the county established pursuant to Section 47605.5 for the annual reporting period for the current fiscal year. (d) Add the amount calculated in subdivision (a) to the amount calculated in subparagraph (C) of paragraph (4) of subdivision (c). (e) Add all of the following to the amount calculated in subdivision (d): (1) The amount of funding a county superintendent of schools received for the 2012–13 fiscal year from funds allocated pursuant to the Targeted Instructional Improvement Block Grant program, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2 of Part 24 of Division 3 of Title 2, as that article read on January 1, 2013. (2) (A) The amount of funding a county superintendent of schools received for the 2012–13 fiscal year from funds allocated pursuant to the Home-to-School Transportation program, as set forth in former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5 of Division 3 of Title 2, former Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of Division 3 of Title 2, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, as those articles read on January 1, 2013. (B) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent pursuant to Item 6110-111-0001 of Section 2.00 of the Budget Act of 2012, as identified in clause (i) of subparagraph (A) of paragraph (2) of subdivision (a) of Section 2575, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall add the reassigned amounts to the amounts calculated pursuant to this paragraph. (C) Commencing in the 2023–24 fiscal year, the add-on amounts referenced in subparagraphs (A) and (B) shall receive the annual cost-of-living adjustment specified in subparagraph (B) of paragraph (1) of subdivision (c). (3) Commencing with the 2023–24 fiscal year, two hundred thousand dollars ($200,000) for each county office of education operating at least one juvenile court school pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, including a county office of education that authorized a charter school for that purpose pursuant to Section 47605.5. (4) Commencing with the 2023–24 fiscal year, two hundred thousand dollars ($200,000) for each county office of education operating at least one county community school pursuant to Chapter 6.5 (commencing with Section 1980), including a county office of education that authorized a charter school for that purpose pursuant to Section 47605.5. (f) It is the intent of the Legislature that the funds allocated pursuant to paragraphs (3) and (4) of subdivision (e) be included in the local control and accountability plan template pursuant to Section 52064. (Amended by Stats. 2023, Ch. 48, Sec. 2. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2575. Source version: id_8c4eafee-838b-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) Commencing with the 2013–14 fiscal year and for each fiscal year thereafter, the Superintendent shall calculate a base entitlement for the transition to the county local control funding formula for each county superintendent of schools based on the sum of the amounts computed pursuant to paragraphs (1) to (3), inclusive: (1) Revenue limits in the 2012–13 fiscal year pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013, adjusted only for changes in average daily attendance claimed by the county superintendent of schools for pupils identified in clauses (i), (ii), and (iii) of subparagraph (A) of paragraph (4) of subdivision (c) of Section 2574 and for pupils attending juvenile court schools. For purposes of this paragraph, the calculation of an amount per unit of average daily attendance for pupils attending juvenile court schools shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. All other average daily attendance claimed by the county superintendent of schools and any other average daily attendance used for purposes of calculating revenue limits pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013, shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (2) The sum of all of the following: (A) (i) The amount of funding received from appropriations contained in Section 2.00 of the Budget Act of 2012, as adjusted by Section 12.42, in the following Items: 6110-104-0001, 6110-105-0001, 6110-107-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-266-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4 of Title 2, as that chapter read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915. For purposes of this subparagraph, the 2012–13 fiscal year appropriations described in this subparagraph shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (ii) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent pursuant to Item 6110-111-0001 of Section 2.00 of the Budget Act of 2012, as identified in clause (i), the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall add the reassigned amounts to the amounts calculated pursuant to this paragraph. These funds shall be subject to the requirements specified in paragraph (1) of subdivision (k). (B) The amount of local revenues used to support a regional occupational center or program established and maintained by a county superintendent of schools pursuant to Section 52301. (3) For the 2014–15 fiscal year and for each fiscal year thereafter, the sum of the amounts apportioned to the county superintendent of schools pursuant to subdivision (f) in all prior years. (b) The Superintendent shall annually compute a county local control funding formula transition adjustment for each county superintendent of schools as follows: (1) Subtract the amount computed pursuant to subdivision (a) from the amount computed pursuant to subdivision (e) of Section 2574. A difference of less than zero shall be deemed to be zero. (2) Divide the difference for each county superintendent of schools calculated pursuant to paragraph (1) by the total sum of the differences for all county superintendents of schools calculated pursuant to paragraph (1). (3) Multiply the proportion calculated for each county superintendent of schools pursuant to paragraph (2) by the amount of funding specifically appropriated for purposes of subdivision (f). The amount calculated shall not exceed the difference for the county superintendent of schools calculated pursuant to paragraph (1). (c) The Superintendent shall subtract from the amount calculated pursuant to subdivision (a) the sum of each of the following: (1) Local property tax revenues received pursuant to Section 2573 in the then current fiscal year. (2) The amount received pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 33607.5 of the Health and Safety Code that is considered property taxes pursuant to that section. (3) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code. (4) The amount, if any, received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (d) The Superintendent shall subtract from the amount computed pursuant to subdivision (e) of Section 2574 the sum of the amounts computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (c). (e) The Superintendent shall annually apportion to each county superintendent of schools the amount calculated pursuant to subdivision (c) unless the amount computed pursuant to subdivision (c) is negative. If the amount computed is negative, except as provided in subdivision (f), an amount of property tax of the county superintendent of schools equal to the negative amount shall be deemed restricted and not available for expenditure during the fiscal year. In the following fiscal year, that amount, excluding any amount of funds used for purposes of subdivision (f), shall be considered restricted local property tax revenue for purposes of subdivision (a) of Section 2578. State aid shall not be apportioned to the county superintendent of schools pursuant to this subdivision if the amount computed pursuant to subdivision (c) is negative. (f) (1) The Superintendent shall apportion, from an appropriation specifically made for this purpose, the amount computed pursuant to subdivision (b), or, if the amount computed pursuant to subdivision (c) is negative, the sum of the amounts computed pursuant to subdivisions (b) and (c) if the sum if greater than zero. (2) The Superintendent shall apportion any portion of the appropriation made for purposes of paragraph (1) that is not apportioned pursuant to paragraph (1) pursuant to the following calculation: (A) Add the amount calculated pursuant to subdivision (b) to the amount computed pursuant to subdivision (a) for a county superintendent of schools. (B) Subtract the amount computed pursuant to subparagraph (A) from the amount computed pursuant to subdivision (e) of Section 2574 for the county superintendent of schools. (C) Divide the difference for the county superintendent of schools computed pursuant to subparagraph (B) by the sum of the differences for all county superintendents of schools computed pursuant to subparagraph (B). (D) Multiply the proportion computed pursuant to subparagraph (C) by the unapportioned balance in the appropriation. That product shall be the county superintendent of schools’ proportion of total need. (E) Apportion to each county superintendent of schools the amount calculated pursuant to subparagraph (D), or if subdivision (c) is negative, apportion the sums of subdivisions (b) and (c) and subparagraph (D) of this subdivision if the sum is greater than zero. (F) The Superintendent shall repeat the computation made pursuant to this paragraph, accounting for any additional amounts apportioned after each computation, until the appropriation made for purposes of paragraph (1) is fully apportioned. (G) The total amount apportioned pursuant to this subdivision to a county superintendent of schools shall not exceed the difference for the county superintendent of schools calculated pursuant to paragraph (1) of subdivision (b). (H) For purposes of this paragraph, the proportion of need that is funded from any appropriation made specifically for purposes of this subdivision in the then current fiscal year shall be considered fixed as of the second principal apportionment for that fiscal year. Adjustments to a county superintendent of schools’ total need computed pursuant to subparagraph (D) after the second principal apportionment for the then current fiscal year shall be funded based on the fixed proportion of need that is funded for that fiscal year pursuant to this subdivision, and shall be continuously appropriated pursuant to Section 14002. (g) (1) For a county superintendent of schools for whom, in the 2013–14 fiscal year, the amount computed pursuant to subdivision (c) is less than the amount computed pursuant to subdivision (d), in the first fiscal year following the fiscal year in which the sum of the apportionments computed pursuant to subdivisions (e) and (f) is equal to, or greater than, the amount computed pursuant to subdivision (d) of this section, the Superintendent shall apportion to the county superintendent of schools the amount computed in subdivision (d) in that fiscal year and each fiscal year thereafter instead of the amounts computed pursuant to subdivisions (e) and (f). (2) For a county superintendent of schools for whom, in the 2013–14 fiscal year, the amount computed pursuant to subdivision (c) is greater than the amount computed pursuant to subdivision (d), in the first fiscal year in which the amount computed pursuant to subdivision (c) would be less than the amount computed pursuant to subdivision (d), the Superintendent shall apportion to the county superintendent of schools the amount computed in subdivision (d) in that fiscal year and each fiscal year thereafter instead of the amounts computed pursuant to subdivisions (e) and (f). (3) In each fiscal year, the Superintendent shall determine the percentage of county superintendents of schools that are apportioned funding that is less than the amount computed pursuant to subdivision (d), as of the second principal apportionment of the fiscal year. If the percentage is less than 10 percent, the Superintendent shall apportion to those county superintendents of schools funding equal to the amount computed in subdivision (d) in that fiscal year and for each fiscal year thereafter instead of the amounts calculated pursuant to subdivisions (e) and (f). (4) If the calculation pursuant to subdivision (d) is negative and the Superintendent apportions to a county superintendent of schools the amount computed pursuant to subdivision (d) pursuant to paragraph (1), (2), or (3) of this subdivision, an amount of property tax of the county superintendent of schools equal to the negative amount shall be deemed restricted and not available for expenditure during that fiscal year. In the following fiscal year the restricted amount shall be considered restricted local property tax revenue for purposes of subdivision (a) of Section 2578. (h) Commencing with the 2013–14 fiscal year, the Superintendent shall apportion to a county superintendent of schools an amount of state aid, including any amount apportioned pursuant to subdivisions (f) and (g), that is no less than the amount calculated in subparagraph (A) of paragraph (2) of subdivision (a). (i) (1) For the 2013–14 and 2014–15 fiscal years only, a county superintendent of schools who, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2) of subdivision (a), received funds on behalf of, or provided funds to, a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive, shall not redirect that funding for another purpose unless otherwise authorized by law or pursuant to an agreement between the regional occupational center or program joint powers agency and the contracting county superintendent of schools. (2) For the 2013–14 and 2014–15 fiscal years only, if a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive, received, in the 2012–13 fiscal year, an apportionment of funds directly from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the regional occupational center or program joint powers agency. (j) For the 2013–14 and 2014–15 fiscal years only, a county superintendent of schools who, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2) of subdivision (a), received funds on behalf of, or provided funds to, a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation shall not redirect that funding for another purpose unless otherwise authorized by law or pursuant to an agreement between the home-to-school transportation joint powers agency and the contracting county superintendent of schools. (k) (1) In addition to subdivision (j), of the funds a county superintendent of schools receives for home-to-school transportation programs, the county superintendent of schools shall expend, pursuant to former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5 of Division 3 of Title 2, former Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of Division 3 of Title 2, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290) of Chapter 7 of Part 24 of Division 3 of Title 2, as those articles read on January 1, 2013, no less for those programs than the amount of funds the county superintendent of schools expended for home-to-school transportation in the 2012–13 fiscal year. (2) For the 2013–14 and 2014–15 fiscal years only, if a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation received, in the 2012–13 fiscal year, an apportionment of funds directly from the Superintendent from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the home-to-school transportation joint powers agency. (3) For the 2013–14 and 2014–15 fiscal years only, of the funds a county superintendent of schools receives for purposes of regional occupational centers or programs, or adult education, the county superintendent of schools shall expend no less for each of those programs than the amount of funds the county superintendent of schools expended for purposes of regional occupational centers or programs, or adult education, respectively, in the 2012–13 fiscal year. For purposes of this paragraph, a county superintendent of schools may include expenditures made by a school district within the county for purposes of regional occupational centers or programs so long as the total amount of expenditures made by the school districts and the county superintendent of schools equals or exceeds the total amount required to be expended for purposes of regional occupational centers or programs pursuant to this paragraph and paragraph (7) of subdivision (a) of Section 42238.03. (l) The funds apportioned pursuant to this section and Section 2574 shall be available to implement the activities required pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2. (Amended by Stats. 2018, Ch. 39, Sec. 2. (AB 1825) Effective June 27, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2575.1. Source version: id_acc312db-5da2-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= Commencing with the 2017–18 fiscal year, the Superintendent of Public Instruction shall add to the amount to be apportioned pursuant to Section 2575 the amount computed as follows: (a) Each county superintendent of schools funded pursuant to subdivision (d) of Section 2575 as of the 2016–17 second principal apportionment shall be allocated the greater of eighteen thousand six hundred ninety-seven dollars ($18,697) multiplied by the number of school districts for which the county superintendent of schools has jurisdiction pursuant to Section 1253 of the Education Code, or eighty thousand dollars ($80,000). (b) Commencing with the 2018–19 fiscal year, the rates in subdivision (a) shall be adjusted by the cost-of-living increase applied pursuant to subdivision (a) of Section 2574. (Added by Stats. 2017, Ch. 15, Sec. 3. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2575.2. Source version: id_0e66475c-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) (1) For the 2018–19 fiscal year to the 2022–23 fiscal year, inclusive, the Superintendent shall add to the amount to be apportioned pursuant to Section 2575, the sum of two hundred thousand dollars ($200,000) and the following: (A) For the 2018–19 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2018 local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) using the 2017 local control funding formula assistance status report, divided by two. (B) For the 2019–20 fiscal year to the 2022–23 fiscal year, inclusive, the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three. (2) For the 2023–24 fiscal year to the 2025–26 fiscal year, inclusive, the Superintendent shall add to the amount to be apportioned pursuant to Section 2575, the sum of three hundred thousand dollars ($300,000) and the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three. (b) The allowance for each fiscal year shall be equal to the sum of the following: one hundred thousand dollars ($100,000) multiplied by the number of small school districts; two hundred thousand dollars ($200,000) multiplied by the number of medium school districts; and three hundred thousand dollars ($300,000) multiplied by the number of large school districts for which the county superintendent of schools has jurisdiction pursuant to Sections 1240 and 1253 that are also determined to be in need of differentiated assistance pursuant to subdivision (c) of Section 52071. (c) For purposes of this section, a small school district is any school district with average daily attendance of 2,499 or less, a medium school district is any school district with an average daily attendance of at least 2,500 but not more than 9,999, and a large school district is any school district with an average daily attendance of 10,000 or more. (d) Average daily attendance for purposes of this section shall be the annual period average daily attendance as reported by the school district for the prior fiscal year. (e) For purposes of this section, a school district in need of differentiated assistance is a school district identified pursuant to subdivision (c) of Section 52071. (f) For a county superintendent of schools in a county where the county board of education serves as the governing board of any school district under its jurisdiction, and the school district is identified for differentiated assistance pursuant to subdivision (c) of Section 52071, the amount calculated pursuant to subdivision (b) shall be allocated to the lead agency identified pursuant to Section 52073 of the region in which the county office of education is located. Funds allocated pursuant to this subdivision shall be used by either the lead agency to whom the funds were allocated or another county office of education identified by the county office of education that generated the funds to provide the technical assistance described in subdivision (c) of Section 52071 to the county office of education that generated the funds. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations described in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202. (h) This section shall become inoperative on July 1, 2026. (Amended by Stats. 2026, Ch. 65, Sec. 3. (AB 126) Effective July 9, 2026. Inoperative July 1, 2026, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2575.3. Source version: id_111bca6e-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) Commencing with the 2022–23 fiscal year, the Superintendent shall add to the amounts to be apportioned pursuant to Section 2575, the amount calculated in accordance with the following: (1) For the 2022–23 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2022 local control funding formula assistance status report. (2) For the 2023–24 fiscal year, the fiscal year allowance calculated pursuant to subdivision (b) using the 2023 local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) using the 2022 local control funding formula assistance status report, divided by two. (3) For the 2024–25 and 2025–26 fiscal years, the allowance calculated pursuant to subdivision (b) for the current year local control funding formula assistance status report plus the allowance calculated pursuant to subdivision (b) for the prior two years’ local control funding formula assistance status reports, divided by three. (b) The allowance for each fiscal year shall be equal to the product of the following: one hundred thousand dollars ($100,000) multiplied by the number of charter schools in the county in which the charter school is located, or for charter schools authorized by the county board of education, the lead agency identified pursuant to Section 52073 for that county, that are also determined to be in need of differentiated assistance pursuant to subdivision (a) of Section 47607.3. (c) For purposes of this section, a charter school in need of differentiated assistance is a charter school identified pursuant to subdivision (a) of Section 47607.3. (d) Funds allocated pursuant to this section shall be used to provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school that generated the funds. (e) Nothing in this section shall preclude a lead agency identified pursuant to Section 52073 that receives funding pursuant to subdivision (b) from contracting with a designee, as identified in subdivision (d) of Section 52071, to provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school that generated the funds. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations described in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202. (g) This section shall become inoperative on July 1, 2026. (Amended by Stats. 2026, Ch. 65, Sec. 4. (AB 126) Effective July 9, 2026. Inoperative July 1, 2026, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2575.35. Source version: id_1301bea8-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) For purposes of this section, the following definitions apply: (1) “Community schools” has the same meaning as defined in subdivision (b) of Section 8901. (2) “Universal and targeted assistance county office of education funding” means funding allocated under this section to a county office of education to support all local educational agencies within the county’s jurisdiction. (b) (1) Funds allocated pursuant to this section shall be used to provide universal and targeted assistance, free of cost, to support the continuous improvement of all local educational agencies located within the county to improve outcomes under the state priorities identified in subdivision (d) of Section 52060 and subdivision (d) of Section 52066. (2) The requirement that services be provided free of cost pursuant to this section applies only to services funded with moneys allocated under this section. This section does not prohibit a county superintendent of schools from entering into agreements with local educational agencies for a fee, provided that those services are (A) not supported with funds allocated pursuant to this section and (B), if the receiving local educational agency is located within the county offering the service, the service is supplemental to those offered in that county pursuant to this section. (c) (1) Allowable uses for universal and targeted assistance include, but are not limited to, any of the following: (A) (i) The county superintendent of schools providing targeted technical assistance pursuant to Sections 47607.3 and 52071. (ii) The county superintendent of schools providing technical assistance related to data management processes pursuant to subdivision (b) of Section 52071.1. (iii) For a school district or county office of education that operates within a county in which there is only one school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the school district is identified for differentiated assistance pursuant to subdivision (c) of Section 52071, the lead agency identified pursuant to Section 52073 of the region in which the county office of education is located, or another county office of education identified by the county office of education that generated the funds, shall provide the technical assistance described in subdivision (c) of Section 52071 to the county office of education that generated the funds. (iv) For charter schools authorized by the county board of education that are also determined to be in need of technical assistance pursuant to subdivision (a) of Section 47607.3, the lead agency identified pursuant to Section 52073 for that county shall provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school in need of assistance. Nothing in this section shall preclude a lead agency identified pursuant to Section 52073 that receives funding pursuant to this section from contracting with a designee, as identified in subdivision (d) of Section 52071, to provide the technical assistance described in subdivision (a) of Section 47607.3 to the charter school in need of assistance. (B) Providing support and professional development to local educational agencies on improving pupil performance and closing achievement gaps for pupil subgroups identified pursuant to Section 52052. (C) Providing support to local educational agencies in evaluating their annual performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5. (D) Providing effective assistance and coaching to local educational agencies on the development and implementation of the local control and accountability plan and the annual update to the local control and accountability plan, including assistance related to monitoring the impact of the implementation of local control and accountability plan goals pursuant to Section 52064. (E) Coordinating and connecting local educational agencies with universal resources available through the statewide system of support, authorized pursuant to Section 52059.5, and community schools technical assistance pursuant to Section 8902 to support community schools implementation in their county. (F) Providing support and assistance pursuant to subparagraphs (B) to (E), inclusive, in a manner that prioritizes local educational agencies identified pursuant to paragraph (2) of subdivision (h) of Section 52064.5. (2) For the 2026–27 fiscal year, county offices of education shall spend the funds allocated pursuant to this section in a manner that prioritizes support of school districts identified for technical assistance pursuant to subdivision (c) or (f) of Section 52071 on the 2025 California School Dashboard. (3) County offices of education shall ensure local educational agencies identified pursuant to paragraph (2) of subdivision (h) of Section 52064.5 are informed of the universal assistance available pursuant to this section. County offices of education shall spend the funds allocated pursuant to this section in a manner that prioritizes the identified local educational agencies for support. (d) Commencing with the 2026–27 fiscal year, the department annually shall add to the amounts to be apportioned pursuant to Section 2575 a universal and targeted assistance county office of education funding grant equal to the sum of each of the following amounts: (1) (A) For the 2026–27 fiscal year only, five hundred thousand dollars ($500,000). (B) Commencing with the 2027–28 fiscal year, and for each fiscal year thereafter, the amount calculated pursuant to this paragraph for the prior fiscal year shall be adjusted by the percentage change applied pursuant to paragraph (4) of subdivision (a) of Section 2574 for the current fiscal year. (2) A county office of education average daily attendance grant that shall be calculated by multiplying each county office of education’s funding allocation pursuant to paragraphs (3),(4), and (6) of subdivision (a) of Section 2574 in the prior fiscal year by 0.1512. (3) A stability grant for each county office of education calculated in accordance with the following: (A) For the 2026–27 fiscal year only, subtract the sum of paragraphs (1) and (2) for the county office of education from the amount allocated pursuant to Sections 2575.2 and 2575.3 to the county office of education for the 2025–26 fiscal year. If the result is positive, that result is the stability grant amount. If the result is negative, no stability grant shall be added. (B) Commencing with the 2027–28 fiscal year, and for each fiscal year thereafter, subtract the sum of paragraphs (1) and (2) for the county office of education from the prior fiscal year universal and targeted assistance county office of education funding grant for the county office of education. If the result is positive, multiply the result by 0.87 to determine the stability grant amount. If the result is negative, no stability grant shall be added. (e) For a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, the amounts calculated pursuant to paragraphs (2) and (3) of subdivision (d) shall be allocated to the lead agency identified pursuant to Section 52073 of the region in which the county office of education is located. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations described in subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202. (Added by Stats. 2026, Ch. 65, Sec. 5. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2575.4. Source version: id_c88d5693-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= Commencing with the 2022–23 fiscal year, the Superintendent shall adjust the county local control funding formula calculation as follows: (a) Determine the amount of the county local control funding formula attributed to the annual inflation adjustment for each fiscal year as the sum of the following: (1) That portion of the county office of education operations grant, authorized pursuant to subdivision (a) of Section 2574, which is attributed to the rate change pursuant to paragraph (4) of subdivision (a) of Section 2574. (2) That portion of the alternative education grant, authorized pursuant to subdivision (c) of Section 2574, which is attributed to the rate change pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574. (b) Add the amount calculated in subdivision (a) to the base entitlement for the transition to the county local control funding formula determined pursuant to paragraphs (1) and (2) of subdivision (a) of Section 2575. (c) Add the amount calculated in subdivision (a) to the amount of the minimum guarantee determined pursuant to subdivision (h) of Section 2575, unless the amount of local revenue calculated pursuant to subdivision (c) of Section 2575 exceeds the county local control funding formula entitlement calculated pursuant to subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as determined by subdivision (g) of Section 2575, in which case the add-on amount shall be zero. (Amended by Stats. 2022, Ch. 571, Sec. 1. (AB 185) Effective September 27, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2575.5. Source version: id_a8e76d35-20e6-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) It is the intent of the Legislature that the funds allocated pursuant to subdivision (b) be included in the local control and accountability plan template pursuant to Section 52064. (b) Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, the Superintendent shall allocate a Student Support and Enrichment Block Grant for each county office of education, in the amount of three thousand dollars ($3,000) per unit of alternative education grant average daily attendance, determined pursuant to paragraph (5) of subdivision (c) of Section 2574, to be used for the following student support and enrichment opportunity purposes: (1) Expanding access to A–G courses. (2) Dual enrollment partnerships. (3) Elective and world language courses. (4) Vocational and career technical education. (5) Preparation for and application for admission into institutions of higher education. (6) College and career counseling. (7) Transition counseling. (8) Mental health support services. (9) Certificated or classified employees who provide services to achieve the objectives of this paragraph. (10) High school completion, including access to high school equivalency examinations. (11) For purposes of implementing Sections 858 and 889.2 of the Welfare and Institutions Code. (Added by Stats. 2023, Ch. 48, Sec. 4. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2576. Source version: id_d61b3c13-20e6-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) If a county superintendent of schools enrolls in a school operated by the county superintendent of schools a pupil not funded pursuant to clause (i), (ii), or (iii) of subparagraph (A) of paragraph (4) of subdivision (c) of Section 2574, or Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 of Division 4 of Title 2, any attendance generated by that pupil shall be credited to the school district of residence. Notwithstanding Section 42238.05, funding generated by this average daily attendance shall be allocated based on average daily attendance reported in the current year in accordance with Section 41601. Enrollment of these pupils shall be transferred to the school district of residence for purposes of calculating the percentage of unduplicated pupils pursuant to Section 42238.02. (b) For purposes of this section, the school district of residence for a homeless child or youth, as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), enrolled in a school operated by a county superintendent of schools shall be deemed to be the school district that last provided educational services to the homeless child or youth or, if it is not possible to determine that school district, the nonbasic aid school district with the largest average daily attendance in the county that serves the grade level in which the homeless child or youth would be enrolled. (c) If a county superintendent of schools grants permission to a pupil to attend school in an adjoining state pursuant to Section 2000, attendance generated by that pupil shall be credited to the school district of residence. (d) Commencing with the 2019–20 fiscal year, the Superintendent shall transfer to the county, wherein a pupil is enrolled, the amount calculated for the school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of average daily attendance credited to the school district of residence pursuant to this section. The Superintendent may transfer an alternative amount for each unit of average daily attendance credited to the school district of residence pursuant to this section, if the school district of residence and the county superintendent of schools agree to the alternative amount and report it to the Superintendent under procedures and timeframes established by the Superintendent. (Amended by Stats. 2023, Ch. 48, Sec. 5. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2577. Source version: id_5d3f43c9-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= Notwithstanding any other law, revenue limit funding for county superintendents of schools for the 2012–13 fiscal year and prior fiscal years shall continue to be adjusted pursuant to Article 3 (commencing with Section 2550) of Chapter 12, as that article read on January 1, 2013. (Amended by Stats. 2015, Ch. 303, Sec. 53. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2578. Source version: id_af05085e-fe2e-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) Every fiscal year the Superintendent shall determine the amount of funds that will be restricted for each county superintendent of schools pursuant to subdivisions (e) and (g) of Section 2575, as of June 30 of the prior fiscal year. (b) The auditor-controller of each county shall distribute the amounts determined in subdivision (a) to the Supplemental Revenue Augmentation Fund created within the county pursuant to Section 100.06 of the Revenue and Taxation Code. The amount of funds required to be transferred by this subdivision shall be transferred annually in two equal shares with the first share transferred on or before January 15 of each year and the second share transferred after January 15 and on or before May 1 of each year. (c) The funds transferred to the Supplemental Revenue Augmentation Fund pursuant to this section shall be transferred by the county office of education to the Controller in amounts determined by the Director of Finance, and shall be exclusively used to offset state costs of providing trial court services and costs, until the funds are exhausted. (Amended by Stats. 2014, Ch. 33, Sec. 12. (SB 859) Effective June 20, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2579. Source version: id_e1343497-e380-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= Commencing on July 1, 2013, all of the following shall apply: (a) All references to Section 2558 shall instead refer to Section 2575. (b) Unless the context otherwise requires, all references to the revenue limit of a county office of education or county superintendent of schools shall instead refer to the county local control funding formula. (Added by Stats. 2013, Ch. 47, Sec. 2. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2580. Source version: id_16e4500a-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) Commencing with the 2026–27 fiscal year, the sum of eight hundred ninety thousand dollars ($890,000) is hereby appropriated each fiscal year from the General Fund to the State Department of Education for allocation to the Los Angeles County Office of Education to maintain the curriculum-embedded performance tasks for science statewide repository developed pursuant to paragraph (3) of subdivision (b) of Section 113 of Chapter 38 of the Statutes of 2024, including all of the following: (1) Creation and integration of new performance tasks to keep the repository replenished with innovative items to support inquiry-based science instruction and the Next Generation Science standards. (2) Educator engagement through an educator review panel. (3) Educator capacity building through engagement with professional development programs, including, to the extent practicable, professional development provided by the entities awarded funding pursuant to Section 53 of Chapter 571 of the Statutes of 2022. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated. (Added by Stats. 2026, Ch. 65, Sec. 6. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2581. Source version: id_1a7c43dc-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) For the 2021–22 fiscal year, the sum of three million one hundred thousand dollars ($3,100,000) is hereby appropriated from the General Fund to the State Department of Education for the purpose set forth in subdivision (b). (b) The State Department of Education shall allocate the funds appropriated pursuant to subdivision (a) to the Kern County superintendent of schools Superintendent of Schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for the Standardized Account Code Structure system replacement project. (c) (1) For the 2022–23 fiscal year to the 2025–26 fiscal year, inclusive, the sum of three million nine hundred twenty thousand dollars ($3,920,000) shall be continuously appropriated each fiscal year, without regard to fiscal years, from the General Fund to the State Department of Education for the purposes set forth in subdivision (d). (2) Commencing with the 2026–27 fiscal year, the sum of four million one hundred forty thousand dollars ($4,140,000) shall be continuously appropriated each fiscal year, without regard to fiscal years, from the General Fund to the State Department of Education for the purposes set forth in subdivision (d). (d) The State Department of Education shall allocate the funds appropriated pursuant to subdivision (c) to the Kern County Superintendent of Schools for the Kern County Office of Education and the County Office Fiscal Crisis and Management Assistance Team for maintenance and operations support for the Standardized Account Code Structure system. (e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated. (Added by Stats. 2026, Ch. 65, Sec. 7. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2582. Source version: id_1decb27e-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) The sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the department for allocation to the Kern County Superintendent of Schools to augment the Mathematics Professional Learning Partnership, established by Section 114 of Chapter 38 of the Statutes of 2024 and augmented by Section 95 of Chapter 8 of the Statutes of 2025, to further support educator training, including mathematics coaches, teachers, and school administrators for implementation of the new mathematics curriculum framework in local educational agencies. (1) The Mathematics Professional Learning Partnership shall continue to support the California Mathematics Project along with its other existing partners and shall expand upon collaborations with the Rural Math Collaborative to provide training in and support mathematics coaching in local educational agencies in rural areas. These support providers shall also train coaches who can be deployed to provide mathematics coaching in schools and local educational agencies with the highest need of support. (2) The Kern County Superintendent of Schools shall use these funds to build upon the expenditure plan submitted to the Department of Finance pursuant to Section 95 of Chapter 8 of the Statutes of 2025 and shall submit a revised expenditure plan to the Department of Finance for approval by October 1, 2026. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 8. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 12.5. County Local Control Funding Formula [2574 - 2583] SECTION 2583. Source version: id_2157a2e0-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=12.5.&article= (a) For the 2015–16 fiscal year to the 2022–23 fiscal year, inclusive, the Superintendent shall add two million dollars ($2,000,000) to the amount to be apportioned pursuant to Sections 2574 and 2575 for the Los Angeles County Office of Education for the purpose of supporting professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools. (b) For the 2023–24 fiscal year to the 2025–26 fiscal year, inclusive, the Superintendent shall add three million dollars ($3,000,000) to the amount to be apportioned pursuant to Sections 2574 and 2575 for the Los Angeles County Office of Education for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools. (c) Commencing with the 2026–27 fiscal year, the department shall add four million dollars ($4,000,000) to the amount to be apportioned pursuant to Sections 2574 and 2575 for the Los Angeles County Office of Education for allocation to the Museum of Tolerance for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools. (Added by Stats. 2026, Ch. 65, Sec. 9. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 13. School District Boundaries [2600 - 2603] SECTION 2600. Source version: id_cc28bdf9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=13.&article= Every county superintendent shall inquire and ascertain whether the boundaries of the school districts and community college districts in his county are definitely and plainly described in the records of the board of supervisors and keep in his office a full and correct transcript of the boundaries. If the boundaries of districts are conflicting or incorrectly described, or if, by reason of the resubdivision of land or other change of property lines, the location of the boundaries becomes indefinite or conflicts with lines of assessment, the board of supervisors may correct and relocate the boundaries to follow definite, established property lines, conforming as nearly as practicable to the general location of the former boundaries. Where boundary lines are corrected or relocated, the relocation of the new lines shall be made in such a manner that the majority of the area of the parcel or property affected determines the district in which the parcel or property is located. Nothing herein contained authorizes the board of supervisors, in relocating the boundaries, to substantially alter the former boundaries of school districts, or community college districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 13. School District Boundaries [2600 - 2603] SECTION 2601. Source version: id_cc28bdfb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=13.&article= Whenever the boundary line of any school district or community college district is described as being “to” or “from” the ocean shore, such description means to or from a point three miles seaward from the shore. Whenever the boundary line of any school district or community college district is described as being “along,” “with,” “by,” or “on” the ocean shore, such description means on a line parallel with and three miles seaward from the shore. Nothing contained in this section shall retroactively alter, enlarge, diminish or otherwise affect the powers, jurisdiction, rights, duties, responsibilities, obligations or liabilities of any such school district or community college district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 13. School District Boundaries [2600 - 2603] SECTION 2602. Source version: id_cc28bdfd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=13.&article= Whenever any school district or community college district has been or is hereafter intersected by any county boundary line in the formation of any new county, or in changing the boundary of any county, and portions of the district then lie in different counties, the district shall, by operation of law, constitute and become established as a joint school district, at the time of the intersection, unless otherwise provided. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 13. School District Boundaries [2600 - 2603] SECTION 2603. Source version: id_cc2a449f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=13.&article= The county superintendent may, if he deems it necessary, order a description of the boundaries of any district under his jurisdiction printed in pamphlet form and pay for the pamphlets out of the county school service fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1200. Source version: id_cb4080a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. Each county superintendent shall receive his actual and necessary traveling expenses. The expenses shall be allowed by the board of supervisors, and be paid out of the county general fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1201. Source version: id_cb4080ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. Each county superintendent shall also receive his actual and necessary traveling expenses, when, with the approval of the board of supervisors, he attends any convention or conference to which he is called by the State Board of Education, the Superintendent of Public Instruction, or the Board of Governors of the California Community Colleges, and when the board of supervisors delegates the power to perform services outside of his county either within or without the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1202. Source version: id_cb4080ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. The expenses of the office of superintendent of schools for its stationery, blank books, postage, expressage, freight, telephone, telegraphing, and other necessary office expenses shall be allowed by the supervisors of the county and paid out of the general fund of the county in the same manner as other claims against the county are paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1203. Source version: id_cb4080af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. The expense of providing housing for all the services of the county superintendent of schools shall be allowed by the board of supervisors of the county and paid out of the general fund of the county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1204. Source version: id_cb4080b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. For the purposes of the retirement system of which a county superintendent of schools is a member, all contributions by or on account of the county superintendent and all benefits to him shall be based, insofar as, and to the extent that, such contributions and benefits are based upon the compensation received by him as county superintendent of schools, upon the whole of his annual salary as county superintendent of schools regardless of the fund or funds from which paid, subject only to the maximum amount of salary on which contributions can be paid the system. If such contributions are required to be paid to the system from any fund from which any part of the annual salary of the county superintendent of schools is paid, then contributions shall be paid from each of the funds from which his annual salary is actually paid in the same proportion of the total contribution as that part of his annual salary paid from such fund is of the whole of his annual salary. Contributions which would have been made by any county superintendent of schools, or by an employer on account of said superintendent, if this section had been in effect on and after September 19, 1947, shall be made in accordance with the provisions of this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1205. Source version: id_cb420753-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. For the purposes of prescribing the qualifications required of county superintendents of schools the counties are classified on the basis of the average daily attendance in the public schools as follows: Class one (1) includes all counties with an average daily attendance of seven hundred fifty thousand (750,000) and over. Class two (2) includes all counties with an average daily attendance of one hundred forty thousand (140,000) to seven hundred forty-nine thousand nine hundred ninety-nine (749,999), inclusive. Class three (3) includes all counties with an average daily attendance of sixty thousand (60,000) to one hundred thirty-nine thousand nine hundred ninety-nine (139,999), inclusive. Class four (4) includes all counties with an average daily attendance of thirty thousand (30,000) to fifty-nine thousand nine hundred ninety-nine (59,999), inclusive. Class five (5) includes all counties with an average daily attendance of fifteen thousand (15,000) to twenty-nine thousand nine hundred ninety-nine (29,999), inclusive. Class six (6) includes all counties with an average daily attendance of seven thousand (7,000) to fourteen thousand nine hundred ninety-nine (14,999), inclusive. Class seven (7) includes all counties with an average daily attendance of one thousand (1,000) to six thousand nine hundred ninety-nine (6,999), inclusive. Class eight (8) includes all counties with an average daily attendance of under one thousand (1,000). (Amended by Stats. 1987, Ch. 1452, Sec. 7.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1206. Source version: id_e9dd0bd7-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. (a) Except as provided in subdivision (b), no person shall hereafter be elected or appointed to office as county superintendent of schools of any county who does not possess a valid credential issued by the Commission on Teacher Credentialing of the type designated in this article for each class. (b) Where a county changes from one class to another because of an increase in the average daily attendance in the public schools of that county, the incumbent county superintendent of schools in that county shall not be prohibited from continuing in office and shall be eligible for reelection to the same office regardless of whether the incumbent county superintendent of schools possesses a valid credential otherwise required in a county of that class. (Amended by Stats. 2023, Ch. 273, Sec. 1. (AB 872) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1207. Source version: id_cb420757-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. The qualifications of the county superintendent of schools in each county shall be as set forth in Sections 1205 to 1212, inclusive, for that class into which the county falls. The class into which each county falls shall be determined on October 1st of each year based upon the average daily attendance in the public schools of such county for the preceding school year as reported to the State Department of Education. In no case will the salary of the county superintendent be lowered during his term of office. The salaries set forth in Section 1213 are payable to incumbent county superintendents of schools; provided, however, that the salary of an incumbent shall not be reduced during the term for which he was elected or appointed or for any consecutive new term to which he is elected or appointed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1208. Source version: id_ed8e2cf9-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. (a) All county superintendents of schools in counties within classes (1) to (8), inclusive, shall possess a valid administrative credential issued by the Commission on Teacher Credentialing. (b) For purposes of this section, the possession of a valid elementary administrative credential and a valid secondary administrative credential are equivalent to the possession of a valid general administrative credential. (Amended by Stats. 2023, Ch. 273, Sec. 2. (AB 872) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 1. Appointment, Qualifications, Salary and Expenses [1200 - 1209] SECTION 1209. Source version: id_cb42075b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=1. A county superintendent of schools shall not increase his or her salary, financial remuneration, benefits, or pension in any manner or for any reason without bringing the matter to the attention of the county board of education for its discussion at a regularly scheduled public meeting of the board and without the approval of the county board of education. (Amended by Stats. 2000, Ch. 135, Sec. 30. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1240. Source version: id_0a3b625a-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools shall do all of the following: (a) Superintend the schools of that county. (b) Maintain responsibility for the fiscal oversight of each school district in that county pursuant to the authority granted by this code. (c) (1) Visit and examine each school in the county at reasonable intervals to observe its operation and to learn of its problems. The county superintendent of schools annually may present a report of the state of the schools in the county, and of the county office of education, including, but not limited to, observations from visiting the schools, to the board of education and the board of supervisors of the county. (2) (A) (i) Commencing with the 2021–22 fiscal year, the Superintendent shall identify a list of schools, which shall include charter schools, for which the county superintendent, or a designee, shall inspect annually, and about which the county superintendent, or a designee, shall submit an annual report, at a regularly scheduled November board meeting, to the governing board of each school district under the jurisdiction of the county superintendent, the county board of education of that county, and the board of supervisors of that county, that describes the state of the schools in the county. The list established in the 2021–22 fiscal year shall also be used as the list established in the 2022–23 and 2023–24 fiscal years. The list of schools established pursuant to this section shall be reestablished in the 2024–25 fiscal year and again every three fiscal years thereafter. Each list shall be established in accordance with clause (ii), and shall be used for inspections beginning the following fiscal year. (ii) The list of schools pursuant to clause (i) shall be compiled as follows: (I) The Superintendent shall include on the list all schools that were most recently identified for comprehensive support and improvement and additional targeted support and improvement pursuant to the federal Every Student Succeeds Act (Public Law 114-95) or identified as low performing under the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), or any subsequent amendments to that act. For the list established in the 2021–22, 2022–23, and 2023–24 fiscal years, the Superintendent shall use the list of schools identified in the 2019–20 fiscal year for comprehensive support and improvement and for additional targeted support and improvement. (II) The Superintendent shall include on the list all schools where 15 percent or more of the teachers are holders of a permit or certificate, such as a temporary or short-term permit, a substitute permit, a waiver, an intern credential, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential. With the exception of alternative schools, all schools within a local educational agency that fail to meet the requirements of Sections 44258.9 and 60900 shall be included on the list for the applicable reporting cycle. (III) The list of schools compiled pursuant to clause (i) shall exclude alternative schools within the meaning of subdivision (d) of Section 52052 and other schools accepted for participation in the Dashboard Alternative School Status program by the department. (iii) The annual report shall include the determinations for each school made by the county superintendent, or the county superintendent’s designee, regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, and the county superintendent, or the county superintendent’s designee, shall use a standardized template to report the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9, unless the current annual report being used by the county superintendent, or the county superintendent’s designee, already includes those details with the same level of specificity that is otherwise required by this subdivision. (B) The county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco shall contract with another county office of education or an independent auditor to conduct the required visits and make all reports required by this paragraph. (C) On a quarterly basis, the county superintendent, or the county superintendent’s designee, shall report the results of the visits and reviews conducted that quarter to the governing board of the school district at a regularly scheduled meeting held in accordance with public notification requirements. The results of the visits and reviews shall include the determinations of the county superintendent, or the county superintendent’s designee, for each school regarding the status of all of the circumstances listed in subparagraph (E) and teacher misassignments and teacher vacancies, as described in Section 44258.9. If the county superintendent, or the county superintendent’s designee, conducts no visits or reviews in a quarter, the quarterly report shall report that fact. (D) The visits made pursuant to this paragraph shall be conducted at least annually and shall meet the following criteria: (i) Minimize disruption to the operation of the school. (ii) Be performed by individuals who meet the requirements of Section 45125.1. (iii) Consist of not less than 25 percent unannounced visits in each county. During unannounced visits in each county, the county superintendent shall not demand access to documents or specific school personnel. Unannounced visits shall only be used to observe the condition of school repair and maintenance, and the sufficiency of instructional materials, as defined by Section 60119. (E) The priority objective of the visits made pursuant to this paragraph shall be to determine the status of all of the following circumstances: (i) Sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i). (ii) The condition of a facility that poses an emergency or urgent threat to the health or safety of pupils or staff, as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72. (iii) The accuracy of data reported on the school accountability report card with respect to the availability of sufficient textbooks and instructional materials, as defined by Section 60119, and the safety, cleanliness, and adequacy of school facilities, including good repair, as required by Sections 17014, 17032.5, 17070.75, and 17089. (F) The county superintendent may make the status determinations described in subparagraph (E) during a single visit or multiple visits. In determining whether to make a single visit or multiple visits for this purpose, the county superintendent shall take into consideration factors such as cost-effectiveness, disruption to the schoolsite, deadlines, and the availability of qualified reviewers. (G) If the county superintendent determines that the condition of a facility poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089, the county superintendent, among other things, may do any of the following: (i) Return to the school to verify repairs. (ii) Prepare a report that specifically identifies and documents the areas or instances of noncompliance if the school district has not provided evidence of successful repairs within 30 days of the visit of the county superintendent or, for major projects, has not provided evidence that the repairs will be conducted in a timely manner. The report may be provided to the governing board of the school district. If the report is provided to the school district, it shall be presented at a regularly scheduled meeting held in accordance with public notification requirements. The county superintendent shall post the report on the internet website of the county superintendent. The report shall be removed from the internet website when the county superintendent verifies the repairs have been completed. (H) For schools that are identified on the list established in the 2024–25 fiscal year pursuant to subparagraph (A), and only in the fiscal years in which that list is used, a county superintendent shall complete the textbook and instructional materials review conducted for purposes of this paragraph and subparagraph (A) of paragraph (3) of subdivision (i) by the eighth week of the school year. The county superintendent shall prioritize reviewing, within the first four weeks of the school year where practicable, schools for which the county superintendent has received information from a survey, a complaint filed pursuant to Section 35186, or any other reliable source that the school does not have sufficient textbooks, as defined in Section 60119 and as specified in subdivision (i), or that a facility of the school poses an emergency or urgent threat to the health or safety of pupils or staff as described in school district policy or paragraph (1) of subdivision (c) of Section 17592.72, or is not in good repair, as specified in subdivision (d) of Section 17002 and required by Sections 17014, 17032.5, 17070.75, and 17089. (d) Distribute all laws, reports, circulars, instructions, and blanks that the county superintendent may receive for the use of the school officers. (e) Annually, on or before September 15, present a report to the governing board of the school district and the Superintendent regarding the fiscal solvency of a school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that is determined to be in a position of fiscal uncertainty pursuant to Section 42127.6. (f) Keep in the office of the county superintendent the reports of the Superintendent. (g) Keep a record of the official acts of the county superintendent and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of an applicant or an authorized agent of the applicant. (h) Enforce the course of study. (i) (1) Enforce the use of state textbooks and instructional materials and of high school textbooks and instructional materials regularly adopted by the proper authority in accordance with Section 51050. (2) For purposes of this subdivision, sufficient textbooks or instructional materials has the same meaning as in subdivision (c) of Section 60119. (3) (A) Commencing with the 2022–23 school year, if a school is identified as specified in subparagraph (A) of paragraph (2) of subdivision (c), the county superintendent specifically shall review that school at least annually as a priority school. A review conducted for purposes of this paragraph shall be completed by the fourth week of the school year, except as specified in subparagraph (H) of paragraph (2) of subdivision (c). (B) In order to facilitate the review of instructional materials before the fourth week of the school year, the county superintendent in a county with 200 or more schools that are identified as specified in subparagraph (A) of paragraph (2) of subdivision (c) may use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119. If a county superintendent elects to conduct written surveys of teachers, the county superintendent shall visit the schools surveyed within the same academic year to verify the accuracy of the information reported on the surveys. If a county superintendent surveys teachers at a school in which the county superintendent has found sufficient textbooks and instructional materials for the previous two consecutive years and determines that the school does not have sufficient textbooks or instructional materials, the county superintendent shall, within 10 business days, provide a copy of the insufficiency report to the school district as set forth in paragraph (4). (C) For purposes of this paragraph, “written surveys” may include paper and electronic or online surveys. (4) If the county superintendent of schools determines that a school does not have sufficient textbooks or instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, the county superintendent shall do all of the following: (A) Prepare a report that specifically identifies and documents the areas or instances of noncompliance. (B) Provide within five business days of the review, a copy of the report to the school district, as provided in subdivision (c), or, if applicable, provide a copy of the report to the school district within 10 business days pursuant to subparagraph (B) of paragraph (3). (C) Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term. (D) If the deficiency is not remedied as required pursuant to subparagraph (C), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district to determine which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds. (5) If the county superintendent of schools determines that there are insufficient textbooks or instructional materials pursuant to a resolution received in accordance with subparagraph (A) of paragraph (2) of subdivision (a) of Section 60119 and as defined by subdivision (c) of Section 60119, or as a result of receiving a report of an unresolved complaint pursuant to subdivision (e) of Section 35186 or an audit exception pursuant to subdivision (l) of Section 41020, the county superintendent shall do both of the following: (A) Provide the school district with the opportunity to remedy the deficiency. The county superintendent shall ensure that the deficiency is remedied no later than the second month of the school term. (B) If the deficiency is not remedied as required pursuant to subparagraph (A), the county superintendent shall request the department to purchase the textbooks or instructional materials necessary to comply with the sufficiency requirement of this subdivision. If the department purchases the textbooks or instructional materials for the school district, the department shall issue a public statement at the first regularly scheduled meeting of the state board occurring immediately after the department receives the request of the county superintendent and that meets the applicable public notice requirements, indicating that the district superintendent and the governing board of the school district failed to provide pupils with sufficient textbooks or instructional materials as required by this subdivision. Before purchasing the textbooks or instructional materials, the department shall consult with the school district when determining which textbooks or instructional materials to purchase. The amount of funds necessary for the purchase of the textbooks and materials is a loan to the school district receiving the textbooks or instructional materials. Unless the school district repays the amount owed based upon an agreed-upon repayment schedule with the Superintendent, the Superintendent shall notify the Controller and the Controller shall deduct an amount equal to the total amount used to purchase the textbooks and materials from the next principal apportionment of the school district or from another apportionment of state funds. (j) Preserve carefully all reports of school officers and teachers. (k) Deliver to the county superintendent’s successor, at the close of the county superintendent’s official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the department. (l) (1) Submit two reports during the fiscal year to the county board of education in accordance with the following: (A) The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent no later than 45 days after the close of the period being reported. (B) As part of each report, the county superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent, for purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to a county office of education that, based upon current projections, will not meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to a county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to a county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent may reclassify a certification and shall provide notice of that action to the governing board of the county office of education. If a county office of education receives a negative certification, the Superintendent, or the Superintendent’s designee, shall exercise the authority set forth in subdivision (d) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification and the report containing that certification shall be sent to the Controller at the time the certification is submitted to the county board of education. (2) All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent, and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent to an interested party upon request. (3) This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent to the county board of education or to the Superintendent. (4) The county superintendent is not responsible for the fiscal oversight of the community colleges in the county, however, the county superintendent may perform financial services on behalf of those community colleges. (5) A county office of education having a negative or qualified certification, or classified as qualified or negative by the Superintendent, shall continue to be classified as qualified or negative until the next report required under this subdivision is filed. (m) If requested, act as agent for the purchase of supplies for the city and high school districts of that county. (n) For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of a certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of an educational program. This requirement applies only if, in the course of normal duties, the county superintendent discovers information that gives the county superintendent reasonable cause to believe that false fiscal expenditure data relative to the conduct of an educational program has been reported. (o) If any activities authorized pursuant to this section are found to be a state reimbursable mandate pursuant to Section 6 of Article XIII B of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs. (Amended by Stats. 2026, Ch. 65, Sec. 1. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1240.1. Source version: id_cb438e01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. If a county superintendent of schools transmits to the Controller and the Superintendent of Public Instruction a qualified or negative certification as required by subdivision (l) of Section 1240, the department, in cooperation with the Controller’s office, shall review the certification and the attached report and any other pertinent information, and the Superintendent of Public Instruction shall exercise his or her authority pursuant to Section 1630. (Amended by Stats. 2004, Ch. 896, Sec. 2. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1240.2. Source version: id_cb4514a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. A county superintendent of schools who files a qualified or negative certification for the second report required pursuant to subdivision (l) of Section 1240 and a county office of education that is classified as qualified or negative by the Superintendent of Public Instruction shall provide to the Superintendent of Public Instruction and the Controller, no later than June 1, a financial statement that covers the financial and budgetary status of the county office of education for the period ending April 30 and projects the fund and cash balances of the county office of education as of June 30. (Amended by Stats. 2004, Ch. 896, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1241. Source version: id_af0cedf9-e4ac-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. (a) Due to the COVID-19 pandemic, the provisions described in subdivision (b) are waived or modified, in accordance with this section, during the portion of the 2019–20 school year in which schools were closed due to the pandemic and during the 2020–21 school year. (b) (1) The authorization pursuant to subparagraph (B) of paragraph (3) of subdivision (i) of Section 1240 for a county superintendent of schools in a county with 200 or more schools that are ranked in any of deciles 1 to 3, inclusive, of the base Academic Performance Index (API), to use a combination of visits and written surveys of teachers for the purpose of determining sufficiency of textbooks and instructional materials in accordance with subparagraph (A) of paragraph (1) of subdivision (a) of Section 60119 and as defined in subdivision (c) of Section 60119 is extended to every county superintendent of schools regardless of the number of schools in the county that are ranked in any of deciles 1 to 3, inclusive, of the base API. (2) For purposes of the annual report required pursuant to subparagraph (B) of paragraph (2) of subdivision (c) of Section 1240, a county superintendent of schools may rely on information obtained only through means other than a physical visit to the schoolsite, including school administrator or teacher surveys. However, the report shall include a justification indicating why a schoolsite visit was not conducted and an outline of plans to conduct a schoolsite visit as soon as possible, and the county superintendent of schools shall provide an updated report before July 1, 2021. (3) The requirement in subparagraph (H) of paragraph (2) of subdivision (c) of Section 1240 that the county superintendent of schools annually conduct a visit of schools is waived for any school that does not offer in-person instruction, as defined in Section 43500, from March 2020 to June 2021, inclusive. This waiver applies only for the time during which the school does not provide in-person instruction, and the county superintendent of schools shall make a plan to visit all necessary schoolsites as soon as possible, which must be noted in the outline required pursuant to paragraph (2). If, following the resumption of in-person instruction, a county superintendent of schools is unable to visit a schoolsite in sufficient time to include the observations in the report required pursuant to subdivision (c) of Section 1240, any schoolsite not visited shall be prioritized for a visit as soon as possible during the following school year. (4) The requirement in clause (iii) of subparagraph (H) of paragraph (2) of subdivision (c) of Section 1240 that 25 percent of the visits required by paragraph (2) of subdivision (c) of Section 1240 be unannounced is waived. An unannounced visit may be undertaken at the discretion of the county superintendent of schools in compliance with any orders or guidance issued by any local or state public health official. (c) For the 2021–22 school year only, unannounced visits pursuant to clause (iii) of subparagraph (H) of paragraph (2) of subdivision (c) of Section 1240 shall only be undertaken at the discretion of the county superintendent of schools in consultation with local health officials and in compliance with any orders or guidance issued by any local or state public health official. The requirement in clause (iii) of subparagraph (H) of paragraph (2) of subdivision (c) of Section 1240 that 25 percent of the visits required by paragraph (2) of subdivision (c) of Section 1240 be unannounced shall be considered waived if the county superintendent of schools, in consultation with local public health officials, determines that unannounced visits are unable to be conducted due to identified health and safety concerns. (Amended by Stats. 2021, Ch. 44, Sec. 2. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1241.5. Source version: id_ff96f5f9-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. (a) At any time during a fiscal year, the county superintendent may audit the expenditures and internal controls of school districts he or she determines to be fiscally accountable, and shall conduct this audit in a timely and efficient manner. The county superintendent shall report the findings and recommendation to the governing board of the district within 45 days of completing the audit. The governing board shall, no later than 15 days after receipt of the report, notify the county superintendent of schools of its proposed actions on the county superintendent’s recommendation. Upon review of the governing board report, the county superintendent, at his or her discretion, may revoke the authority for the district to be fiscally accountable pursuant to Section 42650. (b) At any time during a fiscal year, the county superintendent may review or audit the expenditures and internal controls of any school district in his or her county if he or she has reason to believe that fraud, misappropriation of funds, or other illegal fiscal practices have occurred that merit examination. The review or audit conducted by the county superintendent shall be focused on the alleged fraud, misappropriation of funds, or other illegal fiscal practices and shall be conducted in a timely and efficient manner. The county superintendent shall report the findings and recommendations to the governing board of the school district at a regularly scheduled school district board meeting within 45 days of completing the review, audit, or examination. The governing board of the school district shall, no later than 15 calendar days after receipt of the report, notify the county superintendent of its proposed actions on the county superintendent’s recommendations. Upon review of the school district governing board report, the county superintendent, at his or her discretion, and consistent with law, may disapprove an order for payment of funds consistent with Section 42638. (c) At any time during a fiscal year, the county superintendent may review or audit the expenditures and internal controls of any charter school in his or her county if he or she has reason to believe that fraud, misappropriation of funds, or other illegal fiscal practices have occurred that merit examination. The review or audit conducted by the county superintendent shall be focused on the alleged fraud, misappropriation of funds, or other illegal fiscal practices and shall be conducted in a timely and efficient manner. The county superintendent shall report the findings and recommendations to the governing board of the charter school at a regularly scheduled meeting, and provide a copy of the information to the chartering authority of the charter school, within 45 days of completing the review, audit, or examination. The governing board of the charter school shall, no later than 15 calendar days after receipt of the report, notify the county superintendent and its chartering authority of its proposed response to the recommendations. (Amended by Stats. 2005, Ch. 357, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1243. Source version: id_cb4514a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools shall make reports, when directed by the Superintendent of Public Instruction, showing such matters relating to the public schools in his county as may be required of him. If he fails to make full and correct report as required under the provisions of this section at the time fixed by the Superintendent of Public Instruction, he shall forfeit one hundred dollars ($100) of his salary; and the county auditor whose duty it is to draw the warrant for the salary of the superintendent of schools shall deduct this amount from the warrant on receiving notice from the Superintendent of Public Instruction to the effect that the superintendent of schools has failed to make the report as directed. (Amended by Stats. 1979, Ch. 797.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1244. Source version: id_cb4514a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. Each county superintendent of schools shall annually, at such time as is required by the Superintendent of Public Instruction but not later than July 15th, submit to the Superintendent of Public Instruction a complete report of the attendance credited to the public schools of the county for the school year closing June 30th immediately preceding July 15th. Forms for the reports shall be furnished by the Superintendent of Public Instruction. Reports shall contain and be accompanied by such other information and reports relating to the computation of state apportionments as may be required by the Superintendent of Public Instruction. (Amended by Stats. 1979, Ch. 797.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1245. Source version: id_cb4514ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. Each county superintendent of schools shall submit the reports as may from time to time be required by the Superintendent of Public Instruction. It shall be the duty of each school district to furnish to the county superintendent of schools any records, reports, documents, maps or other data pertaining to reports required by the Superintendent of Public Instruction. (Amended by Stats. 1990, Ch. 1372, Sec. 13. Operative January 1, 1992, by Sec. 709 of Ch. 1372.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1246. Source version: id_cb4514ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. Whenever the destruction of records of a county superintendent of schools is not otherwise authorized or provided for by law, the county superintendent of schools may destroy the records of his or her office in accordance with regulations of the Superintendent of Public Instruction which he or she is herewith authorized to adopt. (Amended by Stats. 1990, Ch. 1372, Sec. 14. Operative January 1, 1992, by Sec. 709 of Ch. 1372.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1249. Source version: id_cb469b4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. (a) The county superintendent of schools may sell publications that he or she produces. (b) The county superintendent of schools, with the approval of the county board of education, may fix the price, not to exceed the estimated cost of production, for the sale of any publication produced by him or her. (c) All moneys received from the sale of publications produced by the county superintendent of schools shall be deposited to the credit of the fund against which the cost of printing the publication was charged. (d) This section does not authorize a county superintendent of schools to prepare or publish written materials, the preparation or publication of which is not otherwise authorized by law. (Amended by Stats. 1987, Ch. 1452, Sec. 19.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1250. Source version: id_cb469b51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools, with the approval of the county board of education, may enter into an agreement with the governing board of any school district or community college district in the territory under his or her jurisdiction, to provide for the use by the district of audiovisual equipment and apparatus. The county superintendent of schools is authorized to acquire by purchase, lease, or any other means the equipment and apparatus necessary to provide the service, and to establish facilities for maintaining and servicing that equipment, and for its distribution to school districts and community college districts. The title to all equipment and apparatus acquired by the county superintendent of schools under this section shall be vested in the office of the county superintendent of schools. The agreement shall, among other matters, provide for the amount of the payment to be made by the districts to the county superintendent of schools, and the time the payments shall be made. The payments made by all districts that have entered into an agreement with the county superintendent of schools under this section shall not exceed the costs of rendering the service. The costs may include any expense necessary to carry out this section. The governing board of a school district or a community college district may withdraw from an agreement by giving notice six months prior to the beginning of the next fiscal year, and the agreement shall terminate on the last day of the then current fiscal year. The terms of an agreement may be changed by mutual consent at any time. The county superintendent of schools shall transfer the amounts agreed upon, at the time or times agreed upon, from the general fund of the district to the special equipment and apparatus fund of the county superintendent of schools, which fund is hereby authorized. All funds received for the purposes of this section shall be deposited in said fund, and all expenditures made for the purposes of this section shall be made from the fund. (Amended by Stats. 1990, Ch. 1372, Sec. 15.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1251. Source version: id_cb4821f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools, with the approval of the county board of education, may enter into an agreement with a nonpublic institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit public organization to provide for the use by the institution, agency, organization, or school of audiovisual curriculum materials, including equipment and apparatus, under the control of the county superintendent of schools, in the same manner as public schools pursuant to Section 1250 except as otherwise provided in this section. The agreement shall, among other matters, provide for the amount of the payment to be made by the nonpublic institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit public organization to the county superintendent of schools and the time payments shall be made. The payments made by the nonprofit institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit public organization that has entered into an agreement with the county superintendent of schools under this section shall be equal to the cost incurred by the county superintendent of schools in connection with the handling of, and the loss, destruction or damage to the audiovisual curriculum materials, including equipment and apparatus, by the nonpublic institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit organization. The governing board of any nonpublic school, a public agency, or nonprofit organization may withdraw from an agreement by giving notice six months prior to the beginning of the next fiscal year, and the agreement shall terminate on the last day of the then current fiscal year. The terms of an agreement may be changed by mutual consent at any time. All funds received for the purposes of this section shall be deposited in the special equipment and apparatus fund of the county superintendent of schools authorized by Section 1250, and all expenditures made for the purposes of this section shall be made from that fund. The audiovisual curriculum materials, including equipment and apparatus, shall be available for use by the nonpublic institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit organization pursuant to this section only when such materials, including equipment and apparatus, are not needed by the public schools or the county superintendent of schools. As used in this section, “nonpublic school” means a school that satisfies the requirements of Section 48222 and is exempt from taxation under Section 214 of the Revenue and Taxation Code. (Amended by Stats. 1983, Ch. 71, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1252. Source version: id_cb4821f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools of any county may, with the approval of the State Compensation Insurance Fund, insure the liability for compensation of any school districts and community college districts in the territory under his or her jurisdiction, the governing boards of which consent thereto, with the State Compensation Insurance Fund under one policy or contract of insurance and pay the premium for the insurance from the county school service fund. Immediately following the payment of the final premium the county superintendent of schools shall transfer from the funds of each insured district to the county school service fund an amount which bears the same ratio to the premium as the payroll of each district bears to the total payroll of all the insured districts. Any dividends earned on the premiums paid under this section shall be credited to the individual districts in proportion to the amount of the premium charged to each district. The expenses of the county superintendent of schools incurred under this section shall be charged to and paid from the county school service fund, which fund shall be reimbursed for those expenses from the general funds of the school districts and community college districts on whose behalf the expenditures are incurred. (Amended by Stats. 1990, Ch. 1372, Sec. 16.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1253. Source version: id_cb4821f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. (a) Whenever any school district or community college district is situated partly within two or more counties, jurisdiction over it is, unless otherwise provided in this code, in the county superintendent of schools of the county in which the schoolhouse of the district is located, or, if there be a schoolhouse of the district in each of two or more counties, jurisdiction over the district is in the county superintendent of schools of the county in which the greatest area of the district lies. (b) Jurisdiction once established pursuant to subdivision (a) over a school district or community college district situated in two or more counties, shall not be changed, regardless of changes in the schoolhouse maintained by the district in the several counties or changes in the areas of the several counties included within the district, except by a majority of the votes cast by the electors within the district on the proposition for change of such jurisdiction submitted at election. (c) “Jurisdiction,” with respect to community college districts for the purposes of this section, means the responsibility or authority to provide services to community college districts. (Amended by Stats. 1990, Ch. 1372, Sec. 17.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1253.5. Source version: id_cb4821f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. (a) If a unified school district, described in subdivision (c), is subject to Section 1253, the county board of supervisors of each county wherein the district is situated may by agreement and pursuant to an appropriate resolution adopted by each board, permit the voters of the district who lie outside the county housing the county superintendent of schools who has jurisdiction of the district the right to participate in the election of such county superintendent of schools. (b) The county elections official of each county affected by the agreement described in subdivision (a) shall be responsible for the conduct of the election within his or her county. (c) The provisions of this section shall apply only to a unified school district which was formed on July 1, 1965, and that, as of the 1979–80 school year, maintained an enrollment of between 12,000 and 15,000 pupils. (Amended by Stats. 2002, Ch. 221, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1254. Source version: id_cb49a89b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools of the county in which the greatest part of the assessed valuation of any unified school district lies has jurisdiction over the unified school district for the purposes specified in this code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1256. Source version: id_cb49a89d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools shall, when there is sufficient money in the fund of any school district to maintain a free school in the district for 175 days of actual teaching, if the trustees neglect or refuse to employ a teacher, appoint a teacher, and open and keep the school. The county superintendent of schools may draw a requisition upon the county auditor, who shall draw a warrant upon the fund of the district for the expense incurred. (Amended by Stats. 1981, Ch. 470, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1258. Source version: id_cb49a89f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. Whenever by this code the county superintendent of schools is authorized or required to prepare for, hold, or conduct any election in or for any public school district the county superintendent may contract with the county elections official for the performance under the supervision of the county superintendent of any or all of the duties incident to the preparation for and holding of elections. The governing board of a school district may contract with the county elections official for the performance under the supervision of the governing board of any or all duties incident to the holding or conducting of an election in the district for the issuance and sale of bonds of the district pursuant to Section 15100. (Amended by Stats. 2002, Ch. 221, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1259. Source version: id_cb49a8a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The Director of Corrections may establish and maintain classes for inmates of institutions or facilities under the jurisdiction of the Department of Corrections by entering into an agreement with the county superintendent of schools of a county in which the institution or facility is located, or of a county contiguous to such county, with the approval of the county board of education, under which the county shall maintain classes for such inmates. Any agreement entered into between the county superintendent of schools and the Director of Corrections, pursuant to this section shall require the Department of Corrections to reimburse the county for the cost to the county of maintaining such classes. “Cost” as used herein includes contributions required to be made by the county superintendent to the State Teachers’ Retirement System, but such cost shall not include an amount in excess of the amount expended by the superintendent for salaries of the teachers for such classes, increased by one-fifth. Salaries of such teachers for the purposes of this section shall not exceed the salaries as set by the county superintendent for teachers in other classes for adults maintained by the county. Attendance or average daily attendance in classes established pursuant to this section shall not be reported to the State Department of Education or the Board of Governors of the California Community Colleges for apportionment and no apportionment from the State School Fund shall be made on account of average daily attendance in such classes. No county superintendent of schools shall provide for the academic education of adult inmates of state institutions or facilities under the jurisdiction of the Department of Corrections except in accordance with this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1260. Source version: id_cb49a8a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools, with the approval of the county board of education, may: (a) Conduct studies through research and investigation as are determined by the county board to be required in connection with the future management, conditions, needs, and financial support of the schools within the county; or join with one or more school district or community college district governing boards in the conduct of the studies. (b) Install and maintain exhibits of educational programs and activities of the school districts and community college districts within the county at any county fair or at any agricultural district fair. (c) Inform and make known to the citizens of the county, the educational programs and activities of the school districts or community college districts in the territory within his or her jurisdiction. (d) Subscribe for membership in any society, association, or organization which has for its purpose the promotion and advancement of public or private education, subject to the same restrictions as are imposed by Section 35173 on governing boards of school districts respecting those subscriptions. (e) Provide in-service programs and coordinative services for any school or community college district governing board or governing board association in the territory under the jurisdiction of the county superintendent of schools. (Amended by Stats. 1990, Ch. 1372, Sec. 19.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1262. Source version: id_cb4b2f45-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. Each county superintendent of schools is authorized upon request to provide consultative or coordinative services for school districts and community college districts in the territory under his or her jurisdiction which have established educational programs that are designed to meet the requirements of federal law for the receipt of federal funds for the support of the programs, and that are supported in whole or in part by federal funds. The services may be financed by the federal funds as may be provided. (Amended by Stats. 1990, Ch. 1372, Sec. 20.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1263. Source version: id_cb4b2f47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. It is the intent of the Legislature that certificated personnel serving in the public schools have a responsible understanding of the nature and range of physical, mental, and emotional disabilities of children and youth and of the major implications of such disabilities. In furtherance of this intent, county superintendents of schools are encouraged, in cooperation with school districts, community college districts and colleges and universities, to sponsor workshops or similar activities for certificated personnel to provide opportunities to gain or increase these understandings. It is not the intent of the Legislature that this section be interpreted as a requirement for the issuance or the renewal of any credential. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1266. Source version: id_85934f38-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. Whenever the county superintendent of schools of any county provides for the maintenance and repair of the property of any school districts under his or her jurisdiction that elect to take advantage of the provisions of Sections 1267 to 1270, inclusive, he or she shall, upon the request of the governing board of that district, transfer from the general fund of the district to the “school maintenance and repair fund” a sum not to exceed 1 percent of the amount apportioned from the State School Fund to the district during the fiscal year in which the governing board of the district notifies him or her of its election to take advantage of the provisions of Sections 1267 to 1270, inclusive. (Amended by Stats. 2010, Ch. 89, Sec. 1. (AB 2081) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1267. Source version: id_cb4cb5eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. Out of the school maintenance and repair fund the superintendent of schools of the county shall purchase materials, bill the district on supplies and equipment, and employ labor to maintain and repair school premises and property of the school districts, under his or her jurisdiction which have elected to take advantage of the provisions of this article, and shall deliver a memorandum in triplicate of the cost of the service on or about the first of each calendar month to the school district. (Amended by Stats. 1981, Ch. 471, Sec. 5.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1268. Source version: id_cb4cb5ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. Upon receipt of the memorandum the governing board of the district shall draw an order on the funds of the district in favor of the county superintendent of schools in the amount of such cost and forward it with the duplicate and triplicate of the memorandum to the superintendent of schools who shall verify the cost and file the duplicate with the county auditor and the triplicate with the county treasurer. In lieu of the issuance of an order by the governing board of the district in payment of the supplies and equipment, the superintendent of schools of the county may transfer from the proper account of the school district to his or her school maintenance and repair fund a sum equal to the cost of the services as stated in the memorandum. (Amended by Stats. 1981, Ch. 471, Sec. 6.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1269. Source version: id_cb4cb5ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The superintendent of schools of the county may employ such extra help as is necessary to perform the labor for the maintenance and repair work, as well as to provide for the supervision and transportation of the labor together with the equipment and materials for the work. The cost price of the maintenance and repair services to any school district is the original cost thereof and in addition a sum sufficient to reimburse the county superintendent of schools for all supervision, transportation, equipment, and other expenses, but the sum added shall not in any case exceed 10 percent of the cost of labor and supplies. (Amended by Stats. 1981, Ch. 471, Sec. 7.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1270. Source version: id_95c719f7-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools of any county may use schoolbuses to transport pupils attending schools or classes operated by the county superintendent pursuant to Article 15 (commencing with Section 1920) of Chapter 6 of this part, including adults attending special classes for adults designed to serve the educational needs of handicapped adults operated pursuant to Section 52570, and teachers or other employees employed by the county superintendent of schools, to and from school athletic contests or other school activities, or to and from fairs or expositions held in the state or in any adjoining state and in which the pupils participate actively or as spectators. The transportation may be provided on any day or days throughout the school year. (Amended by Stats. 2009, Ch. 303, Sec. 1. (SB 509) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1270.1. Source version: id_cb4e3c93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools may allow pupils entitled to attend the public schools under his jurisdiction, but in attendance at a school other than a public school under the provisions of Section 48222, transportation upon the same terms and in the same manner and over the same routes of travel as is permitted pupils attending the public schools. The authorization of this section shall be restricted to actual transportation when furnished by the county superintendent, and nothing in this section shall be construed to authorize or permit in lieu of transportation payments of money to parents or guardians of children attending private schools. (Added by Stats. 1977, Ch. 347.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1271. Source version: id_cb4e3c95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools may, with the approval of the county board of education, hold one trustees’ meeting in each year as follows: (a) One school trustee of each school district of the county shall attend the meeting and participate in its proceedings but more than one trustee of any district may attend if the board of trustees of that district so directs. (b) School trustees of each school district shall select the trustee or trustees who shall attend the meeting. (c) Each trustee selected to attend the meeting shall be allowed his or her actual traveling expenses for not to exceed one day incurred in going to and returning from the meeting. The expenses shall be verified by the county superintendent of schools. (d) The county superintendent shall notify each trustee of the county at least 10 days prior to calling of the trustees’ meeting of the time and place of the meeting. (e) Each session of the trustees’ meeting may be called at any hour on the day specified and may continue for that time as those meeting see fit. (f) The county superintendent shall draw his or her requisition on the county auditor who shall draw his or her warrant on the county school service fund to pay the expenses of holding the trustees’ meeting. (Amended by Stats. 1990, Ch. 1372, Sec. 21. Operative January 1, 1992, by Sec. 709 of Ch. 1372.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1273. Source version: id_cb4e3c97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools, in accordance with rules and regulations adopted by the county board of education, may provide for the reimbursement of any person or persons for the theft, destruction, or damage by arson, burglary or vandalism of personal property brought in to be used in the facilities of the county superintendent of schools. Reimbursement shall be made only when prior approval for the use of the facilities was given, and after the value of the damaged or stolen property is agreed upon by the persons or person bringing in the property and the administrator or representative of the administrator. This determination of value need take place only after the theft, destruction, or damage of the property. The county superintendent of schools may establish a maximum value of reimbursement which will be paid. (Added by Stats. 1978, Ch. 838.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1274. Source version: id_87a6029a-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools may establish a fund or funds for losses, and payments, including, but not limited to, property of the county superintendent of schools, any liability, and workers’ compensation, in the county treasury for the purpose of covering the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. In the fund or funds shall be placed such sums, to be provided in the budget of the county superintendent of schools, as will create an amount which, together with investments made from the fund or funds, will be sufficient in the judgment of the county superintendent of schools to protect the county superintendent of schools from those losses or to provide for payments on the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. Nothing in this section shall be construed as prohibiting the county superintendent of schools from providing protection against those losses or liability for the payment of claims partly by means of the fund or funds and partly by means of insurance written by acceptable insurers. The fund or funds shall be considered as separate and apart from all other funds of the county superintendent of schools, and the balance therein shall not be considered as being part of the working cash of the county superintendent of schools in compiling annual budgets. Warrants may be drawn on, or transfers made from, the fund or funds so created only to reimburse or indemnify the county superintendent of schools for losses as herein specified, and for the payment of claims, administrative costs, related services, and to provide for deductible insurance amounts and purchase of excess insurance. The warrants or transfers shall be within the purpose of the fund or funds as established by the county superintendent of schools. The cash placed in the fund or funds may be invested and reinvested by the county treasurer, with the advice and consent of the county superintendent of schools, in securities which are legal investments for surplus county funds in this state. The income derived from the investments, together with interest earned on uninvested funds, shall be considered revenue of and be deposited in the fund. The cost of contracts or services authorized by this section are appropriate charges against the respective fund. The county superintendent of schools may contract for investigative, administrative, and claims adjustment services relating to claims. The contract may provide that the contracting firm may reject, settle, compromise, and approve claims against the county superintendent of schools, its officers or employees, within those limits and for those amounts as the county superintendent of schools may specify, and may provide that the contracting firm may execute and issue checks in payment of those claims, which checks shall be payable only from a trust account which may be established by the county superintendent of schools. Funds in the trust account established by the county superintendent of schools pursuant to the provisions of this section shall not exceed a sum sufficient as determined by the superintendent to provide for the settlement of claims for a 30-day period. The rejection or settlement and approval of a claim by the contracting firm in accordance with the terms of the contract shall have the same effect as would the rejection or settlement and approval of the claim by the county superintendent of schools. The contract may also provide that the contracting firm may employ legal counsel, subject to those terms and limitations as the county superintendent of schools may prescribe, to advise the contracting firm concerning the legality and advisability of rejecting, settling, compromising, and paying claims referred to the contracting firm by the county superintendent of schools for investigation and adjustment, or to represent the superintendent in litigation concerning the claims. The compensation and expenses of the attorney for services rendered to the county superintendent of schools shall be an appropriate charge against the appropriate fund. The contract provided for in this section may contain any other terms and conditions the county superintendent of schools may consider necessary or desirable to effectuate the superintendent’s self-insured programs. In lieu of, or in addition to, contracting for the services described in this section, the county superintendent of schools may authorize an employee or employees to perform any or all of the services and functions which the county superintendent of schools may contract for under the provisions of this section. As used in this section, “firm” includes a person, corporation, or other legal entity. A county superintendent of schools may participate in, or administer, insurance for one or more school or community college districts pursuant to this section, and Section 81602. (Amended by Stats. 2010, Ch. 89, Sec. 2. (AB 2081) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1275. Source version: id_cb4fc33b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent may arrange with a county purchasing agent for the purchase of standard school supplies and equipment in accordance with the regulations of the county board of education and the purchasing agent shall act in that capacity when so authorized. (Added by renumbering Section 40005 by Stats. 1987, Ch. 1452, Sec. 312.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1276. Source version: id_cb4fc33d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools may contract with an acceptable party who is one of the three lowest responsible bidders for the lease, purchase, or maintenance of electronic data-processing systems and for the lease, purchase, or maintenance of supporting software. (Added by Stats. 1982, Ch. 288, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1277. Source version: id_cb4fc33f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The county superintendent of schools, with the approval of the county board of education and in accordance with rules prescribed by the board, may market or license any noneducational mainframe electronic data-processing software developed by that office to any person or any public or private corporation or agency. Proceeds from the marketing or licensing of noneducational mainframe electronic data-processing software under this section shall be used exclusively for educational purposes. (Added by Stats. 1984, Ch. 607, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1278. Source version: id_cb5da5f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. The superintendent of schools of each county may conduct teacher institutes on behalf of the school districts in the county. (Added by Stats. 1987, Ch. 1452, Sec. 23.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1279. Source version: id_cb5f2c93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. (a) The county superintendent of schools shall not in any manner dispose of any item of personal property worth over twenty-five thousand dollars ($25,000) that belongs to the county office of education without meeting the following conditions: (1) Obtaining an independent valuation of the property. (2) Advertising the property for sale in a newspaper of general circulation within the district, or, if there is no newspaper of general circulation within the district, in any newspaper of general circulation that is regularly circulated in the district. The advertisement shall be published for a period of time in accordance with the policy of the county board of education. (3) Bringing the matter to the attention of the county board of education for its discussion at a regularly scheduled public meeting. (4) Obtaining the approval of the county board of education. (b) The county superintendent of schools shall not in any manner dispose of any personal property worth less than twenty-five thousand dollars ($25,000) that belongs to the county office of education unless he or she certifies the value of the property in a quarterly report and submits that report to the county board of education for its review. (Added by Stats. 1999, Ch. 838, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1280. Source version: id_cb5f2c95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. If a revision in excess of twenty-five thousand dollars ($25,000) is proposed by the county superintendent of schools to the annual budget of the county superintendent of schools after the county board of education has adopted the budget, the revision shall be incorporated in the next interim financial report or other board report when the report is submitted to the county board of education for discussion and approval at a regularly scheduled public meeting of the county board of education. (Added by Stats. 1999, Ch. 838, Sec. 3. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 2. Duties, Responsibilities, and General Powers [1240 - 1281] SECTION 1281. Source version: id_cb5f2c97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=2. (a) No county superintendent of schools may hire as a consultant any entity in which he or she has a financial interest. (b) If the county superintendent of schools enters into a consultant contract for twenty-five thousand dollars ($25,000) or more and the contract constitutes a budget revision, it shall be incorporated in the next interim financial report or other board report when the report is submitted to the county board of education for discussion and approval at a regularly scheduled public meeting of the county board of education. (Added by Stats. 1999, Ch. 838, Sec. 4. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1290. Source version: id_cb60b33b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. Except as otherwise provided by law, every county superintendent may appoint a deputy. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1292. Source version: id_cb60b33d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. The compensation of each deputy school superintendent of a city and county shall be not less than the minimum received by any high school principal in the city and county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1293. Source version: id_cb60b33f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. A county superintendent of schools may enter into contracts of employment with persons employed by him in positions requiring certification qualifications for periods of not to exceed the end of the school year in which the term for which the county superintendent of schools was elected or appointed expires and in no event, for more than four years and six months. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1294. Source version: id_cb60b341-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. Each person employed by a county superintendent of schools in a position requiring certification qualifications, except employees included in the civil service system or in any merit system, or any person who holds an office by virtue of an election conducted under the Elections Code or the Education Code, and whose salary is paid from the county school service fund, has the same right with respect to leaves of absence, sick leave, and bereavement leave as a person employed by a school district or a community college district in a position requiring certification qualifications. Sections 22724, 44845, 44922, 44949, 44955, 44962 to 44976, inclusive, 44977, 44978, 44979, 44983, 44984, 44985, 44987, 87413, 87414, 87740, 87743, 87763 to 87779, inclusive, 87780, 87781, 87782, 87786, 87787, and 87788 apply to persons so employed by a county superintendent of schools and so paid from the county school service fund. Whenever, in those provisions, a duty or power is imposed upon or granted to the governing board of a school district or community college district or an employee thereof, the power or duty shall, for the purposes of this section, be deemed to be granted to or imposed on the county superintendent of schools or his or her employee, respectively. When “district” is used in those provisions, it shall, for the purposes of this section, be deemed to mean “county superintendent of schools.” Compensation paid to employees during those leaves shall be paid from the county school service fund. The granting of leaves of absence to employees pursuant to Section 44966 or 87767 shall be by the county superintendent of schools, upon approval by the county board of education. (Amended by Stats. 1990, Ch. 1372, Sec. 22.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1294.1. Source version: id_cb60b343-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. (a) Notwithstanding any other provision of this code, a county superintendent of schools may employ substitute or temporary employees in a position requiring certification requirements to serve for periods of less than one year to provide instructional and related educational services in county community schools operated pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 and juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 if a temporary increase in enrollment exists. (b) The number of employees hired under this section shall not exceed the number necessary to accommodate the temporary increase in enrollment and shall not increase established class size or pupil-to-teacher ratios, or both. (c) If a substitute or temporary employee serves more than 60 schooldays, the employee is deemed to have been hired as a substitute or temporary employee for the duration of the semester in which the employee renders the substitute or temporary service. (d) Notwithstanding Sections 44917 and 44920, it is not required that substitute or temporary employees employed under this section replace regularly employed persons absent from service. (e) For purposes of this section, a temporary increase in enrollment exists when the number of pupils enrolled is more than the average enrollment of the preceding two fiscal years prior to the year in which the substitute or temporary employee was hired under this section. (Added by Stats. 1994, Ch. 255, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1294.5. Source version: id_cb6239e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. Any county superintendent of schools may employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or other categorically funded projects of indeterminate duration. The terms and conditions under which such persons are employed shall be mutually agreed upon by the employee and the county superintendent and such agreement shall be reduced to writing. Service pursuant to this section shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless (1) such person has served pursuant to this section for at least 75 percent of the number of days the regular schools of county superintendent by which he is employed are maintained, and (2) such person is subsequently employed as a probationary employee in a position requiring certification qualifications. Such persons may be employed for periods which are less than a full school year and may be terminated at the expiration of the contract or specially funded project without regard to other requirements of this code respecting the termination of probationary or permanent employees. This section shall not be construed to apply to any regularly credentialed employee who has been employed in the regular educational programs of the county superintendent of schools as a probationary employee before being subsequently assigned to any one of these programs. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1295. Source version: id_cb6239e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. The county superintendent of schools, with the approval of the county board of education, may grant leaves of absence, with or without pay, to persons employed by him in positions not requiring certification qualifications in the same manner and to the same extent as is permitted of school district governing boards by Section 45190 and Section 88190. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1296. Source version: id_cb6239e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. (a) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for three complete consecutive school years by the superintendent in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools. Such an employee shall have the same rights and duties as employees of school districts to which Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to these employees. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (b) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for two complete consecutive school years by the superintendent in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools. The county superintendent of schools shall notify the employee, on or before March 15 of the employee’s second complete consecutive year of employment by the superintendent in a teaching position in schools or classes maintained by the superintendent requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position in those schools. In the event that the county superintendent does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. Such an employee shall have the same rights and duties as employees of school districts to which Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to these employees. This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter. (c) As used in this section, “teaching position” means any certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status. (Amended by Stats. 1985, Ch. 1115, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1297. Source version: id_cb6239eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. For the purpose of insurance under the workers’ compensation laws of this state, any person employed by a county superintendent of schools to supervise instruction or to give instruction in the school districts or community college districts located in the territory under the jurisdiction of the county superintendent of schools shall be deemed an employee of the county. The cost of insuring any person employed to supervise instruction shall be paid by the county superintendent of schools from the county school service fund. The cost of insuring any person employed by the county superintendent of schools to give instruction shall be paid by the county superintendent of schools from the county school service fund. (Amended by Stats. 1990, Ch. 1372, Sec. 23.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1298. Source version: id_cb63c08d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. By agreement between the county board of education and county board of supervisors, in counties in which the provisions of Article 4 (commencing with Section 1310) have become operative and in which functions and duties have been transferred from the county board of supervisors to the county board of education in accordance with Sections 1043 and 1080, the county superintendent of schools may be authorized to employ an administrative adviser as part of the classified service. His or her compensation shall be as fixed by the county board of education, and shall be paid from that part of the single budget prepared by the county board of education for which a county tax is levied pursuant to Section 1623. His or her duties shall be the administrative duties established by the county board of education, and to counsel with and act as a coordinator between, the district attorney or county counsel, the county board of education, the county committee on school district organization, the personnel commission, the county superintendent of schools, school districts, and community college districts which request his or her services. The district attorney or county counsel shall continue to have and to discharge all of the authority and duties imposed upon him or her by law in the schools and education fields; however, the administrative adviser may be deputized by the district attorney or county counsel, in his or her discretion, if the adviser is admitted to practice law in this state. (Amended by Stats. 1990, Ch. 1372, Sec. 24.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1299. Source version: id_cb63c08f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. A supervisor of health employed by the county superintendent of schools shall perform such duties in connection with the supervision of the health of pupils as are prescribed by the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1300. Source version: id_cb63c091-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. (a) A county superintendent of schools may award consultancy contracts to retired certificated employees of the county superintendent of schools or a school district or community college district of the county who were employed by the county superintendent of schools or a school district or community college district of the county for at least 10 years and who are at least 55 years of age. (b) A county superintendent of schools may enter into a contract with a retired certificated employee who has been employed by the county superintendent of schools or a school district or community college district of the county at least 10 years and who is at least 55 years of age whereby the retired employee is granted a consultancy contract with the county superintendent of schools, which contract is renewable on an annual basis for up to five years or until the retired employee reaches age 65, whichever comes first. (c) Persons hired by a consultancy contract as authorized by this section are considered employees and are subject to the earnings limitation provided in Section 23919. (Added by Stats. 1977, Ch. 355.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1301. Source version: id_cb63c093-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. The county superintendent of schools, in accordance with rules and regulations adopted by the county board of education, may provide for the payment of the costs of replacing or repairing property of an employee, such as eyeglasses, hearing aids, dentures, watches, articles of clothing necessarily worn or carried by the employee, or vehicles when any such property is damaged in the line of duty without fault of the employee or if such property is stolen from the employee by robbery or theft while the employee is in the line of duty. If the property is damaged beyond repair or stolen, the actual value of such property may be paid. The determination of the value of such property shall be equal to its value at the time of the damage, destruction, or theft. Limits may be established for the payment for such damaged or stolen property. In the event the employee is paid the costs of replacing or repairing such property, or the actual value of such property, the county superintendent of schools shall, to the extent of such payments, be subrogated to any right of the employee to recover compensation for such damaged or stolen property. The county superintendent of schools may file and prosecute an action to enforce its subrogation right in the small claims court if the amount of the claim is within that court’s monetary jurisdiction or may enforce its subrogation right in any other court of competent jurisdiction. (Added by Stats. 1978, Ch. 838.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 3. Staff [1290 - 1302] SECTION 1302. Source version: id_cb63c095-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=3. (a) The county superintendent of schools shall not increase by ten thousand dollars ($10,000) or more the salary or bonus of any employee of the county office of education unless the matter is brought to the attention of the county board of education for its discussion at a regularly scheduled public meeting of the county board of education. (b) The county superintendent of schools shall not increase the retirement benefits of any employee of the county office of education unless the matter is brought to the attention of the county board of education for its discussion at a regularly scheduled public meeting of the county board of education and the county board of education approves the increase. (Added by Stats. 1999, Ch. 838, Sec. 5. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1310. Source version: id_cb654739-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. The provisions of this article shall become operative in any county upon adoption of a resolution by the county board of supervisors to make it operative. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1311. Source version: id_cb65473b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. Each person employed by a county superintendent of schools in a position not requiring certification qualifications and whose salary is paid from the county school service fund shall be employed in accordance with the provisions of Chapter 1 (commencing with Section 44000) and Chapter 5 (commencing with Section 45100) of Part 25 of Division 3 of Title 2, and Chapter 1 (commencing with Section 87000) and Chapter 4 (commencing with Section 88000) of Part 51 of Division 7 of Title 3. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1312. Source version: id_cb66cddd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. County employees assigned to the office of the county superintendent of schools shall cease to be employees of the county upon the establishment of a separate budget for the office of the county superintendent of schools, and shall thereafter be paid from the county school service fund. Other county employees assigned to functions transferred to the county board of education pursuant to Article 3 (commencing with Section 1080) of Chapter 1 of this part shall cease to be employees of the county upon the effective date of such transfer, and shall thereafter be paid from the county school service fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1313. Source version: id_4ad46a80-ca2e-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. Each county employee whose status is changed by this article, and who is in employment and a member of a county retirement system other than one provided by contract with the Public Employees’ Retirement System on the date of the change, shall become eligible for membership in the Public Employees’ Retirement System in accordance with the Public Employees’ Retirement Law with respect to his or her employment thereafter, and shall be subject to the reciprocal benefits provided by those systems. However, the employee may elect to continue in membership of the county retirement system with respect to his or her employment thereafter, in which event the same appropriations and transfers of funds shall be made to the retirement fund of the county system for the employee as those required of the county under the county retirement law, and these amounts shall be legal charges against the county school service fund. The election authorized by this section shall be made no later than the date preceding the date upon which his or her status is changed in accordance with procedures to be established by the county board of supervisors, which shall allow at least 30 days to make the election. The election once made shall not be rescinded. An employee who does not elect to continue membership in the county system shall be deemed to have discontinued county employment for purposes of the county system at the close of the day preceding the date upon which his or her status changes. (Amended by Stats. 2016, Ch. 86, Sec. 53. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1314. Source version: id_cb66cde1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. County employees whose status is changed by this article shall retain all accumulated and unused sick leave, vacation, compensatory overtime and other benefits which can reasonably be construed to have been an earned right at the time of transfer from county service to the county school service fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1315. Source version: id_cb66cde3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. The county board of education may grant to employees whose salaries are paid from the county school service fund any employee benefit which the board of supervisors provides for county employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1316. Source version: id_cb685485-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. No employee transferred from the county service to a position, the salary for which is paid from the county school service fund, shall suffer any loss of salary at the time of transfer or as to the future as relates to his status on the salary scale of the county in effect at the time of the transfer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1317. Source version: id_cb685487-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. (a) The county board of education shall adopt the merit system as provided in Article 6 (commencing with Section 45240) of Chapter 5 of Part 25 of Division 3 of Title 2, and Article 3 (commencing with Section 88060) of Chapter 4 of Part 51 of Division 7 of Title 3, if the county has a merit (civil service) system in effect at the time of the adoption of this article as provided in Section 1310. (b) Notwithstanding Article 6 (commencing with Section 45240) of Chapter 5 of Part 25, any personnel commission in a county of the third class, as described in Section 2562, may, after a public hearing, and after consultation with all affected employee organizations, adopt a regulation providing for the appointment of one or more alternate members of the personnel commission. The appointment of any alternate member shall be with the concurrence of all affected employee organizations. Thereafter, an alternate may serve only in the absence of a regular commission member. (c) This section shall not apply to a county board of education which has been transferred specific duties and functions of the county board of supervisors pursuant to Section 1080 on or after June 1, 1977. (Amended by Stats. 1999, Ch. 646, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1318. Source version: id_cb685489-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. The county board of education or county superintendent of schools may declare a holiday in the schools or offices operated by the county superintendent of schools whenever good reason exists. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 4. Classified County School Employees [1310 - 1319] SECTION 1319. Source version: id_cb68548b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=4. The county superintendent of schools may employ, in accordance with the provisions of Chapter 5 (commencing with Section 45100) of Part 25 of Division 3 of Title 2, such personnel as may be necessary to act as guards at pedestrian crossings to ensure the safety of schoolchildren who use such intersections. (Added by Stats. 1978, Ch. 295.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 5. Unemployment Insurance [1330- 1330.] SECTION 1330. Source version: id_cb69db2f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=5. (a) The Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, as appropriate, shall represent, and exercise rights of appeal to the Unemployment Insurance Appeals Board under this part on behalf of school employers held under Section 1336 of the Unemployment Insurance Code. (b) The Superintendent of Public Instruction or Board of Governors of the California Community Colleges is hereby authorized to obtain pertinent personnel records and data from any school employer and to act as an agent individually or collectively for school employers in matters pertaining to unemployment insurance. (c) Each county superintendent of schools shall have the responsibility of establishing, coordinating, and maintaining, either directly or by contract, an unemployment insurance management system for each school employer participating in the School Employees Fund under Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code. A management system shall include general administration, claims management, appointment of hearing representatives, representation of school employers at hearings, and other duties related to the unemployment insurance program in their jurisdiction. These duties and responsibilities may be delegated to any school district, community college district, another county superintendent of schools, or any combination of these entities, including programs under joint powers agreements for the purpose of consolidation for economy and employment of specialists, including the services of a regional data center operated by a county superintendent of schools or the data-processing services of a school district or a community college district. School employers not participating in the School Employees Fund shall be responsible for the development and maintenance of their own unemployment insurance management system required by this subdivision. (d) Each school employer shall perform pursuant to the type of financing elected, and shall, as required, respond to the Superintendent of Public Instruction or Board of Governors of the California Community Colleges and the county superintendent of schools or designated agency as soon as possible, in no case later than 48 hours, to inquiries made on behalf of the county superintendent or the Superintendent of Public Instruction or Board of Governors of the California Community Colleges in reference to any aspect of eligibility, notice of claim or appeal under the unemployment insurance program. Each county superintendent or agent thereof who is responsible for administering the unemployment insurance program shall be responsible for timely responses to any inquiry by the administrator, Superintendent of Public Instruction, State Treasurer, Controller, or other officer or person responsible for disbursements from the School Employees Fund in the State Treasury as established by Section 822 of the Unemployment Insurance Code, or the Unemployment Fund in the State Treasury. Any school employer which fails to pay the contributions, interest, charges or levies within the time required shall be liable for interest on moneys due at the rate of 1 percent per month or fraction thereof from and after the date of delinquency until paid. If the school employer fails, without good cause, to pay any sums required within the time required, a penalty of 10 percent of the amount noticed, billed or required shall be made by the administrator. The administrator may for good cause waive all or a portion of interest and penalty. (e) The administrator of the School Employees Fund shall, from available interest earnings, pursuant to investments authorized by Section 822 of the Unemployment Insurance Code, transfer each year an amount equal to two dollars ($2) per covered employee for all districts participating in the School Employees Fund under Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code, to the Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, as appropriate. The Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, as appropriate, shall apportion the two dollars ($2) per covered employee amount, less actual state administrative costs not to exceed five cents ($0.05) per covered employee, to the county superintendent of schools to cover costs of administering the unemployment insurance management system specified in subdivision (c). (f) For the fiscal year 1978–79, and each fiscal year thereafter, the administrator of the School Employees Fund shall transfer the funds by December 31 of each year based on the reports received from the Superintendent of Public Instruction or Board of Governors of the California Community Colleges by November 30 of each year. The reports shall be compiled from the number of covered employees as reported by the county superintendent of schools or community colleges, as appropriate, to the Superintendent of Public Instruction or the Board of Governors of the California Community Colleges by November 1 of each year, based on the covered employees employed in the preceding calendar month. The funds shall be apportioned by the Superintendent of Public Instruction and the Board of Governors of the California Community Colleges prior to January 31 of each year to the county superintendent of schools, less the actual administrative costs of the Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, which shall not exceed an aggregate amount of five cents ($0.05) per covered employee. Funds for the cost of administering the unemployment insurance management system shall be apportioned to each county superintendent of schools according to the number of covered employees in each district reported by him or her, and shall be used only for the purpose of covering actual administrative costs incurred pursuant to Section 1330. (Amended by Stats. 1990, Ch. 1372, Sec. 25.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 6. Tax-Sheltered Annuities [1340- 1340.] SECTION 1340. Source version: id_cb69db33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=6. Notwithstanding any other provision of law to the contrary, the following procedure may be utilized for payroll-related payments as limited in this section. The county superintendent of schools may designate one or more national or state banks, savings and loan associations, or federal or state credit unions with the principal office in this state, if the deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Share Insurance Fund, or other private insurance or guaranty of share accounts that is acceptable to the Commissioner of Financial Institutions, to act as disbursing agents for the county superintendent of schools and for school districts and community colleges in the territory under his or her jurisdiction. The county superintendent of schools may draw orders and requisitions upon the funds of the respective public employers, in favor of the designated institutions, for tax-sheltered annuities, custodial accounts, individual retirement accounts, credit union deductions, insurance plan payments, deferred compensation, withholding taxes, professional dues, and other payroll-related deductions or employer contributions. The county auditor shall follow the procedure with respect to examining and allowing the orders and requisitions set forth in Sections 42639 and 85239. The county superintendent of schools, upon receiving allowed warrants from the county auditor, shall deposit the warrants in the designated institutions. As soon as feasible following deposit, the county superintendent of schools shall furnish the designated institutions with information required to enable disbursement of payments to insurance companies, credit unions, and other recipients, including identification of the employees for whom the payments are to be made, the amount of payment on behalf of each designated employee, and the company to which the payment on behalf of each designated employee is to be made. It shall be the duty of each designated institution to disburse the payments to the recipients entitled thereto by check, bank draft, or other appropriate method, within a reasonable time after receipt of each payment, with necessary information for disbursements, which time period shall not exceed 5 working days. Designated institutions receiving deposits and making disbursements, and the county superintendent of schools, shall be deemed to be agents of the respective public employers, for payment of annuities on behalf of their respective employees, and for other payments as specified, and the moneys received by the designated institutions shall be deemed to be deposits of the county superintendents of schools. Security for the deposits shall be furnished as required by the laws of this state. The county superintendent of schools may directly prepare the information and necessary checks, bank drafts, or other appropriate instruments, on the account or accounts within the designated institutions, providing that payment to recipients entitled thereto with required information is made within the timeframe specified. (Amended by Stats. 2001, Ch. 430, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 2. County Superintendents of Schools [1200 - 1350] ARTICLE 7. Retiree Benefit Funds [1350- 1350.] SECTION 1350. Source version: id_cb6b61d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=2.&article=7. A county superintendent of schools may establish a retiree benefit fund to accumulate restricted moneys from salary reduction agreements, other contributions for employee retirement benefit payments, or both. Moneys may be transferred to the fund from other funds by periodic expense charges, in amounts based on existing and future obligation requirements. Payments from the retiree benefit fund for insurance, annuities, administrative costs, or any other authorized purpose shall be made in accordance with all warrant approval requirements applicable under this code. (Added by Stats. 1987, Ch. 586, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 3. County Boards of Supervisors [1400- 1400.] SECTION 1400. Source version: id_cb6ce87b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=3.&article= Except as provided in Sections 4040 to 4045, inclusive, all actions required by this code to be taken by the board of supervisors of the county in which a school district is located, shall, in the case of any joint school district, be taken by the concurrent action of the boards of supervisors of each county in which any part of the joint district is located. (Amended by Stats. 1990, Ch. 1372, Sec. 27. Operative January 1, 1992, by Sec. 709 of Ch. 1372.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 4. Expenses [1500 - 1510] ARTICLE 1. Expenses Payable From County School Service Fund [1500- 1500.] SECTION 1500. Source version: id_cb6e6f21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=4.&article=1. All expenses shall be paid out of the County School Service Fund necessary for the county board of education and the county superintendent of schools to perform the duties and render the services required by and comply with Sections 1042, 1250, 1252, 1270, 1297, 1299, 1330, 1601, 1602, 1702, 41020, 41360, 42621, 42622, 45035, 45056, 60601, 60602, 60605, 84040, 85221, 85222, 87809, Chapter 7.2 (commencing with Section 56836) of Part 30, and Part 1 (commencing with Section 100) of Division 1 of the Unemployment Insurance Code. This section shall not be construed to prohibit support from the county general fund from being provided for duties and services performed pursuant to the sections and part enumerated above. (Amended by Stats. 1998, Ch. 89, Sec. 1. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 4. Expenses [1500 - 1510] ARTICLE 2. Expenses Payable From County General Fund [1510- 1510.] SECTION 1510. Source version: id_892612ec-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=4.&article=2. (a) Except as provided in Section 1500, all expenses necessary for the county board of education, the county committee on school district organization, and the county superintendent of schools to comply with the following provisions are payable from the county general fund: Sections 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1200, 1201, 1202, 1203, 1240, 1243, 1244, 1245, 1290, 1298, 2600, 5425, 5426, 10020, 16061, 16166, 23000, 23002, 23003, 23004, 23005, 23006, 23008, 35102, 40000, 42124, 42636, 42638, 42643, 42662, 42670, 42671, 42672, 42673, 42674, 42675, 42676, 42677, 42678, 42690, 42691, 42692, 42693, 42694, 42800, 44323, 44422, 44427, 44428, 44429, 44430, 44433, 44434, 44435, 44436, 44437, 44816, 44843, 44857, 45034, 45056, 45057, 48263, 49406, 52550, 52551, 85236, 85238, 85243, 85272, 85280, 85281, 85282, 85283, 85284, 85285, 85286, 85287, 85288, 85300, 85301, 85302, 85303, and 85304. (b) This section shall not be construed to prohibit support from the county general fund from being provided for duties and services performed pursuant to sections enumerated above for those counties operating under the provisions of Section 1080. (Amended by Stats. 2010, Ch. 89, Sec. 3. (AB 2081) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 1. County School Service Fund [1600 - 1606] SECTION 1600. Source version: id_cb6ff5cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=1. There is hereby established in the treasury of each county the “county school service fund.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 1. County School Service Fund [1600 - 1606] SECTION 1601. Source version: id_cb6ff5cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=1. Wherever any of the terms “unapportioned county elementary school fund,” “county elementary school supervision fund,” “unapportioned county high school fund,” and “county school service fund” are used in this code or in any other law, such term shall be deemed to refer to and mean the “county school service fund.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 1. County School Service Fund [1600 - 1606] SECTION 1602. Source version: id_cb6ff5cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=1. The county school service fund shall be utilized by the county superintendent of schools to pay the charges against the fund as are provided in this code; and to provide, with the approval of the county board of education, all of the following: (a) Additional apportionments to any school district or community college district in the territory under his or her jurisdiction for current expenses that (1) has levied the maximum district tax and in which the annual average current cost per pupil does not exceed the annual average current cost per pupil for all districts of the same type within the county or under the jurisdiction of the county superintendent of schools, or (2) needs additional apportionments for current expenses because of temporary emergency conditions. (b) Additional apportionments to any school district or community college district in the territory under his or her jurisdiction for the transportation of pupils to and from school to meet temporary emergency conditions. (Amended by Stats. 1990, Ch. 1372, Sec. 30.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 1. County School Service Fund [1600 - 1606] SECTION 1604. Source version: id_cb6ff5d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=1. No moneys shall be expended from the county school service fund for any purpose in excess of the latest proposed expenditures for such purpose as approved by the Superintendent of Public Instruction under Section 14050, without the approval of the Superintendent of Public Instruction. It shall be the duty of the county auditor to approve warrants drawn on the county school service fund for expenses approved in the county school service fund budget; provided, however, in a county in which the board of supervisors has transferred educational functions to the county board of education pursuant to Section 1080, and a single budget has been authorized for the purposes of the county school service fund, county board of education, county committee on school district organization, and the office of the county superintendent of schools pursuant to Sections 1620 to 1625, inclusive, and the board of supervisors has made the provisions of Sections 42649 and 85265.5 applicable in the county, orders for warrants and warrants shall be signed by the county superintendent of schools and paid by the county treasurer without the approval of the county auditor. A listing of all warrants issued by the county superintendent of schools, where the approval of the county auditor is not required, shall be forwarded to the county auditor on the same day they are issued. The form of the warrant and the form and content of the warrant listing shall be as approved by the county auditor. The county auditor shall not be liable upon his bond or otherwise for any warrant issued where his approval is not required. (Amended by Stats. 1979, Ch. 797.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 1. County School Service Fund [1600 - 1606] SECTION 1605. Source version: id_cb6ff5d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=1. The title to all property purchased by the county superintendent of schools from the county school service fund is in the offices of the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 1. County School Service Fund [1600 - 1606] SECTION 1606. Source version: id_cb717b75-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=1. The money credited to the county school service fund of a county pursuant to Section 16417 of the Government Code may be apportioned by the county superintendent of schools, with the approval of the county board of education, to school districts within which there is land which has been acquired by the United States. (Amended by Stats. 1990, Ch. 1372, Sec. 31. Operative January 1, 1992, by Sec. 709 of Ch. 1372.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1620. Source version: id_cb717b79-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. On or before July 1 of each fiscal year, the county board of education shall hold a public hearing on the proposed county school service fund budget for that fiscal year (the “budget year”). The public hearing shall be held prior to the adoption of the budget by the county board of education, and shall occur not less than three days following the availability of the proposed budget for public inspection. The agenda for that hearing shall be posted at least 72 hours prior to the hearing and shall include the location of where the budget will be available for inspection. At the hearing, any taxpayer directly affected by the county school service fund budget may appear before the county board of education and speak on the proposed budget or any item therein. (Amended by Stats. 1992, Ch. 323, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1621. Source version: id_cb717b7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. (a) The single-fund budget shall be prepared in the form prescribed and furnished by the Superintendent of Public Instruction and shall be the county school service fund budget. The budget shall show a complete plan and itemized statement of all proposed expenditures in each fund of the county office of education, of estimated cash balances, and of all estimated revenues for the budget year, and shall include an estimate of those figures, unaudited, for the fiscal year immediately preceding the budget year. (b) The budget may contain an amount to be known as the general reserve, in such sum as the county board of education may deem sufficient to meet the cash requirements of the fiscal year next succeeding the budget year until adequate proceeds of the taxes levied or of the apportionment of state funds are available. (c) The budget may contain a fund balance designated for any specific purpose as determined by the county board of education. Those funds shall be available for appropriation by a majority vote of the members of the county board of education. (Repealed and added by Stats. 1991, Ch. 1213, Sec. 3.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1622. Source version: id_1bb5f19e-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. (a) On or before July 1 of each fiscal year, a county board of education shall adopt an annual budget for the budget year and shall file the budget with the Superintendent, the county board of supervisors, and the county auditor. The budget, and supporting data, shall be maintained and made available for public review. The budget shall indicate the date, time, and location at which the county board of education held the public hearing required under Section 1620. For the 2014–15 fiscal year and each fiscal year thereafter, the county board of education shall not adopt a budget before the county board of education adopts a local control and accountability plan or approves an update to an existing local control and accountability plan if an existing local control and accountability plan or update to a local control and accountability plan is not effective during the budget year. The county board of education shall not adopt a budget that does not include the expenditures identified in the local control and accountability plan and any annual update to the local control and accountability plan that will be effective for the budget year. Notwithstanding any other provision of this article, for the 2014–15 fiscal year and each fiscal year thereafter, the budget shall not be adopted or approved by the Superintendent before a local control and accountability plan or update to an existing local control and accountability plan for the budget year is approved. (b) (1) (A) The Superintendent shall examine the budget to determine if it (i) complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets, (ii) allows the county office of education to meet its financial obligations during the fiscal year, and (iii) is consistent with a financial plan that will enable the county office of education to satisfy its multiyear financial commitments. In addition, the Superintendent shall identify any technical corrections to the budget that must be made. On or before September 15, the Superintendent shall approve, conditionally approve, or disapprove the budget and, in the event of a conditional approval or disapproval, transmit to the county office of education in writing the Superintendent’s recommendations regarding revision of the budget and the reasons for those recommendations. (B) In addition to examining the budget of a county board of education pursuant to subparagraph (A), the Superintendent shall review and consider studies, reports, evaluations, or audits of the county office of education that were commissioned by the county superintendent of schools, the Superintendent, or state control agencies that contain evidence that the county office of education is showing fiscal distress according to the standards and criteria adopted by the state board pursuant to Section 33127 or that contain a finding by an external reviewer that the county office of education is at moderate or high risk of intervention based on the most common indicators of a county office of education needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. (2) For the 2014–15 fiscal year to the 2023–24 fiscal year, inclusive, the Superintendent shall disapprove a budget, and for the 2024–25 fiscal year, and for each fiscal year thereafter, the Superintendent shall conditionally approve or disapprove a budget, if any of the following occur: (A) The Superintendent has not approved a local control and accountability plan or an annual update to the local control and accountability plan filed by a county board of education pursuant to Section 52070.5 that is effective for the budget year. (B) The Superintendent determines that the budget does not include the expenditures necessary to implement the local control and accountability plan or an annual update to the local control and accountability plan that is effective for that budget year. (C) The Superintendent determines that the budget does not provide adequate assurance that the county office of education will meet its current and future obligations and resolve any problems identified in the studies, reports, evaluations, or audits described in subparagraph (B) of paragraph (1). (c) In the event of the conditional approval or disapproval of the budget of a county office of education pursuant to subdivision (b), on or before October 8, the county superintendent of schools and the county board of education shall review the recommendations of the Superintendent at a regularly scheduled meeting of the county board of education and respond to those recommendations. That response shall include any revisions to the adopted budget and other proposed actions to be taken, if any, as a result of those recommendations. (d) (1) The Superintendent shall examine the revised budget as provided in subdivision (c) to determine if it (A) complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets, (B) allows the county office of education to meet its financial obligations during the fiscal year, (C) satisfies all conditions established by the Superintendent in the case of a conditionally approved budget, and (D) is consistent with a financial plan that will enable the county office of education to satisfy its multiyear financial commitments. The Superintendent, not later than November 8, shall approve or disapprove the revised budget. For the 2014–15 fiscal year and each fiscal year thereafter, the Superintendent shall disapprove a revised budget if the Superintendent determines that the revised budget does not include the expenditures necessary to implement the local control and accountability plan or an annual update to the local control and accountability plan approved by the Superintendent pursuant to Section 52070.5 that is effective for the budget year. If the Superintendent disapproves the budget, the Superintendent shall call for the formation of a budget review committee pursuant to Section 1623. (2) Notwithstanding any other law, for the 2014–15 fiscal year and each fiscal year thereafter, if the Superintendent disapproves the budget for the sole reason that the Superintendent has not approved a local control and accountability plan or an annual update to the local control and accountability plan filed by the county board of education pursuant to Section 52070.5, the Superintendent shall not call for the formation of a budget review committee pursuant to Section 1623. (e) Not later than 45 days after the Governor signs the annual Budget Act, the county office of education shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act. (Amended by Stats. 2025, Ch. 8, Sec. 1. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1623. Source version: id_1f50f2b0-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. (a) The budget review committee shall be composed of three persons and shall be selected by the county superintendent of schools and the county board of education solely from a list of no fewer than five candidates provided by the Superintendent. The candidates shall be persons who have expertise in the management of a school district or county office of education, including, but not limited to, the fiscal and educational aspects of that management. (b) No later than five working days after the receipt of the candidate list described in subdivision (a), the county superintendent of schools and the county board of education shall select the budget review committee. If the county superintendent of schools and the county board of education fail to select a committee within the period of time permitted by this subdivision, the Superintendent shall select and convene the budget review committee no later than 10 working days after the receipt by the county superintendent of schools and the county board of education of the candidate list. (c) On or before November 30, the budget review committee shall review the proposed budget of the county office of education and the underlying fiscal policies of that county office of education, and shall transmit to the Superintendent, the county superintendent of schools, and the county board of education either of the following: (1) A recommendation that the budget be approved. (2) A report disapproving the budget and setting forth recommendations for revisions to the budget that would enable the county office of education to meet its financial obligations in the budget year and with regard to multiyear financial commitments. (d) Upon the request of the budget review committee, the Superintendent may extend the deadline in subdivision (c) for a period of not more than 15 working days. (e) The Superintendent shall develop criteria and procedures governing the performance by budget review committees of their duties under this section. (f) (1) Except as provided in paragraph (2), members of the budget review committee shall be reimbursed by the department for their services and associated expenses while on official business, at rates established by the Superintendent, subject to the approval of the executive director of the state board. (2) Notwithstanding paragraph (1), an employee of the County Office Fiscal Crisis and Management Assistance Team who serves as a member of the budget review committee shall not be eligible for reimbursement by the department for their services and associated expenses while on official business. (Amended by Stats. 2025, Ch. 8, Sec. 2. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1624. Source version: id_40a91e20-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. (a) If the budget review committee established pursuant to Section 1623 disapproves the budget of the county office of education, within five working days following the receipt of the committee’s report, the county superintendent of schools and the county board of education may submit a response to the Superintendent, including any revisions to the adopted budget and any other proposed action to be taken as a result of the recommendations of the budget review committee. (b) Based upon the recommendations of the budget review committee provided pursuant to subdivision (c) of Section 1623, and any response provided pursuant to subdivision (a), the Superintendent shall either approve or disapprove the budget of the county office of education. If the Superintendent disapproves the budget, the superintendent or his or her designee may do any of the following for the remainder of the current fiscal year: (1) On or before December 31, develop and adopt, in consultation with the county superintendent of schools and the county board of education, a fiscal plan and budget for the county office of education that will allow the county office of education to meet its financial obligations both in the budget year and with regard to the multiyear financial commitments. The county board of education and the county superintendent of schools shall govern the operation of the county office of education for the budget year in accordance with that fiscal plan and budget. The deadline set forth in this paragraph shall be modified to reflect any extension granted under subdivision (d) of Section 1623. (2) Cancel purchase orders, prohibit the issuance of nonsalary warrants, and otherwise stay or rescind any action that is inconsistent with the fiscal plan and budget adopted pursuant to paragraph (1). The Superintendent shall inform the county board of education and the county superintendent of schools in writing of his or her justification for any exercise of authority under this paragraph. (3) Monitor and review the operation of the county office of education. (4) Determine the need for additional staff and may employ, at county office of education expense, short-term analytical assistance or expertise to validate financial information if the county does not have the expertise or staff. (5) Require the county office of education to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly or quarterly budget revisions, and to appropriately record all receivables and payables. (6) Determine whether there are any financial problem areas and may employ, at county office of education expense, a certified public accounting firm to investigate financial problem areas. (7) Withhold compensation of the members of the county board of education and the county superintendent for failure to provide requested financial information. (c) The county office of education shall pay reasonable fees charged by the Superintendent of Public Instruction for actual administrative expenses incurred pursuant to subdivision (b), or costs associated with improving the county office of education’s financial management practices. (d) This section shall not be construed to authorize the Superintendent to abrogate any provision of a collective bargaining agreement that was entered into by a county office of education prior to the date upon which the Superintendent disapproved the budget of the county office of education pursuant to subdivision (b). (e) As he or she deems necessary for the purposes set forth in subdivision (b), the Superintendent may seek from the county office of education, or otherwise obtain, additional information regarding the budget or operations of the county office of education, through a financial or management review of the county office of education, a cashflow projection, or other appropriate means. (Amended by Stats. 2015, Ch. 19, Sec. 6. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1625. Source version: id_cb760f63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. The county superintendent of schools for any county office of education that reports a negative unrestricted fund balance or a negative cash balance in the annual report required by Section 1622 or in the audited annual financial statements required by Section 41020 shall include, with the budget submitted in accordance with Section 1622 and the certifications required by subdivision (l) of Section 1240, a statement identifying the reasons for the negative unrestricted fund balance or negative cash balance and the steps that will be taken to ensure that the negative balance will not occur at the end of the budget year. (Amended by Stats. 2004, Ch. 896, Sec. 4. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1626. Source version: id_cb760f65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. Until the time the county office of education receives approval of its budget under this article, the county office of education shall continue to operate on the basis of the last budget adopted or revised for the county office of education for the fiscal year immediately preceding the budget year. (Repealed and added by Stats. 1991, Ch. 1213, Sec. 3.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1627. Source version: id_cb760f67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. The county school service fund shall be audited annually by a public accountant or a certified public accountant selected by the county superintendent of schools. The cost of the audit shall be a legal charge against the county school service fund. (Added by Stats. 1991, Ch. 1213, Sec. 3.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1628. Source version: id_0410a2f2-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. On or before October 15 of each year, the county superintendent of schools shall prepare and file with the Superintendent, along with the statements received pursuant to subdivision (b) of Section 42100, a statement of all receipts and expenditures of the county office of education for the preceding fiscal year. The statement shall be in a format or on forms prescribed by the Superintendent, in accordance with regulations adopted by the State Board of Education. These forms may be amended periodically by the Superintendent to accommodate changes in statute or government reporting standards. (Amended by Stats. 2005, Ch. 677, Sec. 2. Effective October 7, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1629. Source version: id_04583344-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. On or before October 15 of each year, the county board of education shall adopt a resolution to identify, pursuant to Division 9 (commencing with Section 7900) of Title 1 of the Government Code, the estimated appropriations limit for the county office of education for the current fiscal year and the actual appropriations limit for the county office of education for the preceding fiscal year. That resolution shall be adopted at a regular or special meeting of the board. Notwithstanding Section 7910 of the Government Code, documentation used in the identification of the appropriations limits shall be made available to the public on the date of the meeting at which the resolution is adopted. (Amended by Stats. 2005, Ch. 677, Sec. 3. Effective October 7, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1630. Source version: id_22e479b2-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. (a) The Superintendent shall review and consider studies, reports, evaluations, or audits of the county office of education that contain evidence that the county office of education is demonstrating fiscal distress according to the standards and criteria adopted by the state board pursuant to Section 33127 or that contain a finding by an external reviewer that the county office of education is at moderate or high risk of intervention based on the most common indicators of school agencies needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. If those findings are made, the Superintendent shall investigate the financial condition of the county office of education and determine if the county office of education may be unable to meet its financial obligations for the current or two subsequent fiscal years, or should receive a qualified or negative interim financial certification pursuant to Section 1240. (b) If at any time during the fiscal year the Superintendent determines that the county office of education may be unable to meet its financial obligations for the current or two subsequent fiscal years, or if the county office has a qualified or negative certification pursuant to Section 1240, the Superintendent shall provide a written notice of going concern determination to the county board of education and the county superintendent of schools and the basis for the determination. The notification shall include the assumptions used in making the determination and shall be available to the public. The Superintendent shall take all actions that are necessary, including at least one of the following, to ensure that the county office of education meets its financial obligations: (1) Assign a fiscal expert, paid for by the Superintendent, to advise the county office of education on its financial problems. (2) Conduct a study of the financial and budgetary conditions of the county office of education that includes, but is not limited to, a review of the county office of education’s internal controls. If in the course of this review, the Superintendent determines that their office requires analytical assistance or expertise that is not available through the county office, the Superintendent may employ, at the county office of education’s expense, on a short-term basis, staff, including certified public accountants, to provide the assistance and expertise. (3) Direct the county office of education to submit a financial projection of all fund and cash balances of the county office of education as of June 30 of the current year and subsequent fiscal years as the Superintendent requires. (4) Require the county office of education to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly or quarterly budget revisions, and to appropriately record all receivables and payables. (5) Direct the county office of education to submit a proposal for addressing the fiscal conditions that resulted in the determination that the county office of education may not be able to meet its financial obligations. (6) Withhold compensation of the county board of education and the county superintendent of schools for failure to provide requested financial information. (c) If, after taking the actions identified in subdivision (a), the Superintendent determines that a county office of education will be unable to meet its financial obligations for the current or subsequent fiscal year or if a county office of education experiences a significant fiscal event that is determined by the Superintendent to have an immediate severe fiscal impact that will cause a county office of education to be unable to meet its financial obligations for the current or subsequent fiscal year, the Superintendent shall notify the county board of education, the county superintendent of schools, and the president of the state board, or the president’s designee, in writing of that determination and the basis for that determination. The notification shall include the assumptions used in making the determination and shall be available to the public. (d) If the Superintendent makes a determination specified in subdivision (c) or if the county office of education has a negative certification pursuant to Section 1240, the Superintendent shall make a report to the president of the state board, or the president’s designee, about the financial condition of the county office of education and remedial actions proposed by the Superintendent and shall take all actions that are necessary to ensure that the county office of education meets its financial obligations, including at least one of the following actions: (1) Develop and impose, in consultation with the county board of education and the county superintendent, a budget revision that will enable the county office of education to meet its financial obligations in the current fiscal year. (2) Stay or rescind all actions determined to be inconsistent with the ability of the county office of education to meet its obligations for the current or subsequent fiscal year, including all actions up to the point that the subsequent year’s budget is approved by the Superintendent. The Superintendent shall inform the county board of education and the county superintendent of schools in writing of the Superintendent’s justification for all exercises of authority under this paragraph. (3) Assist in developing, in consultation with the county board of education and the county superintendent of schools, a multiyear financial recovery plan that will enable the county office of education to meet its future obligations. (4) Assist in developing, in consultation with the county board of education and the county superintendent, a budget for the subsequent fiscal year. If necessary, the Superintendent shall continue to work with the county board of education and the county superintendent until the budget for the subsequent year is adopted by the county board of education and approved by the Superintendent. (5) As necessary, appoint a fiscal adviser to perform one or more of the duties prescribed by this subdivision on behalf of the Superintendent. (e) All actions taken by the Superintendent pursuant to paragraph (1) or (2) of subdivision (d) shall be accompanied by a notification that includes the actions to be taken, the reasons for the actions, and the assumptions used to support the necessity for the actions. That notification shall be available to the public. (f) This section does not authorize the Superintendent to abrogate a provision of a collective bargaining agreement that was entered into by a county office of education before the date that the Superintendent assumed authority pursuant to subdivision (d). (g) The county office of education shall pay 75 percent of, and the Superintendent shall pay 25 percent of, the administrative expenses incurred pursuant to subdivision (d) or costs associated with improving the county office of education’s financial management practices. (h) Notwithstanding any other law, a county treasurer shall not honor a warrant when the Superintendent, as appropriate, has disapproved that warrant, or has disapproved the order on county office of education funds for which a warrant was prepared. (i) For all purposes of errors and liability insurance policies, a fiscal expert appointed pursuant to this section shall be deemed to be an employee of the county office of education. The Superintendent may require that the fiscal adviser be placed on the county office of education payroll for purposes of remuneration, benefits, and payroll deductions. (j) If staff persons are hired pursuant to paragraph (2) of subdivision (b), the Superintendent may certify to the Controller an amount to be transferred to the department, from the funds that otherwise would be apportioned to the county office of education pursuant to Section 2574 or 2575, for the purpose of paying all costs incurred by that staff in performing their respective services. The Controller, upon receipt of that certification, shall transfer that amount. (k) To facilitate the appointment of a county office of education fiscal officer and the employment of additional staff pursuant to paragraphs (1) and (2), respectively, of subdivision (b), for purposes of those paragraphs, the Superintendent is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Amended by Stats. 2025, Ch. 8, Sec. 3. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1631. Source version: id_b6e7f960-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. (a) Except as provided in subdivision (c), the Superintendent shall not make an apportionment of state or federal funds for the current fiscal year for a county office of education if the county board of education or county superintendent of schools of the county office of education neglects or refuses to meet any of the following requirements: (1) Adopt a local control and accountability plan pursuant to Section 52066. (2) Adopt an annual update to a local control and accountability plan pursuant to Section 52067. (3) Adopt an annual budget pursuant to this article. (4) Submit reports pursuant to subdivision (l) of Section 1240. (b) The Superintendent shall withhold apportionments pursuant to subdivision (a), including previously withheld apportionments for the current fiscal year, until the requirements listed in paragraphs (1) to (4), inclusive, of subdivision (a) are met, and shall notify the appropriate county official that the Superintendent shall not approve any warrants issued by the county office of education. (c) If a county board of education or county superintendent of schools is unable to fulfill one or more requirements described in subdivision (a) due to any of the events described in subdivision (a) of Section 46392, the county board of education or county superintendent of schools shall, at the earliest opportunity after the event no longer exists, fulfill those requirements and shall submit to the Superintendent the following information: (1) A description of the emergency event. (2) The date that the requirements described in subdivision (a) were met. (Added by Stats. 2025, Ch. 8, Sec. 4. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 5. County School Service Fund [1600 - 1632] ARTICLE 2. County Office of Education Budget Approval [1620 - 1632] SECTION 1632. Source version: id_0d109896-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=5.&article=2. (a) In order for the Superintendent to perform their fiscal oversight responsibilities pursuant to Sections 1240, 1622, and 1630, the Superintendent may request from the county superintendent of the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra and of the City and County of San Francisco and any applicable school district view-only access to the local financial system operated by the county office of education and the school district. Upon receiving a request from the Superintendent, the county superintendent and the school district shall provide access to the Superintendent within 30 calendar days. (b) The Superintendent may direct the county auditor to withhold payment of any stipend, expenses, benefits, or salaries and wages of the county superintendent, the superintendent of the school district, or members of the governing board of the county office of education or school district, as appropriate, for failure to provide access within 30 calendar days. The payments shall be withheld until access to the local financial system is provided to the Superintendent. If the county superintendent performs the functions of the county auditor, the Superintendent may direct the county superintendent to withhold the payments specified in this subdivision. (Added by Stats. 2026, Ch. 65, Sec. 2. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 1. General Provisions [1700 - 1704] SECTION 1700. Source version: id_cbc58f03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=1. The Legislature hereby declares that it is in the interest of the state and of the people for the office of the county superintendent of schools, through the county school service fund, to provide coordination of the educational program among school districts and community college districts in the territory under his or her jurisdiction and to provide professional and financial assistance to school districts and community college districts which otherwise, because of size or location, would not be able to furnish a satisfactory program of education for their children. That assistance is a matter of general concern inasmuch as the education of the children of the state is an obligation and function of the state. In adopting this chapter, the Legislature considers that the coordination of the educational program constitutes the greatest continuing need to be met through the county school service fund. To meet this need the necessity is recognized to provide professional services to coordinate courses of study, guidance services, health services, school library services, special education, and attendance activities. As an additional need, the Legislature recognizes the necessity to provide professional services in districts too small to supply services for themselves economically and effectively, such as, (a) to prepare courses of study; (b) to supervise instructional practices; (c) to provide direct guidance services, health services, and attendance services normally provided in an educational program; (d) to provide for the purchase, distribution, and use of supplementary instructional materials and equipment; and (e) to provide educational opportunity to normal and special pupils who would otherwise be denied it. It is recognized further that providing for professional service is a transitory function of the county school service fund to be assumed by school districts and community college districts when, through growth or reorganization, they will be able to perform the services for themselves. It is the further intent of the Legislature that: (a) Services involving the coordination of the educational program which have among others the purposes of (1) enforcing minimum standards, (2) improving the educational program, and (3) promoting order and reasonable uniformity in the educational program shall be provided, except as may be specifically authorized, at the district level, reserving to the district the opportunity and responsibility for internal improvement, and that those services will be provided in a manner that recognition will be given to the responsibilities placed upon school districts and community college districts, by the Legislature to determine and administer their own educational program. (b) Services to school districts and community college districts, which do not constitute coordination among districts shall be provided in a manner that impetus will be given to strengthening school districts and community college districts, and to improving district organization to the end that more effective programs of education may be offered, and that the provision of services through the county school service fund shall not act to deter or delay any school districts and community college districts, from furnishing the services for themselves. (c) Services to school districts and community college districts, shall be cooperatively provided by two or more county superintendents of schools without regard for county boundaries whenever a particular service may be so provided with economy and effectiveness. (d) The direct operation of an educational program by the county superintendent of schools shall, except as specifically authorized by the Legislature, be limited to those emergency cases where children would otherwise be denied an opportunity for education. (Amended by Stats. 1990, Ch. 1372, Sec. 32.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 1. General Provisions [1700 - 1704] SECTION 1701. Source version: id_cbc58f05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=1. Any services of the county superintendent of schools authorized by this chapter which relate to the coordination of the educational program or coordination of the course of study among districts under his jurisdiction, the preparation of courses of study, the development of courses of study or curricula materials, or research or development studies in connection with the curricular and special services of the county superintendent of schools are subject to the budget and other restrictions of Section 14052 and any other applicable sections. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 1. General Provisions [1700 - 1704] SECTION 1702. Source version: id_cbc715a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=1. The county school service fund shall be used to pay for those services provided by the county superintendent of schools that are authorized by this chapter, and for such other purposes as are specifically authorized in Section 1500. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 1. General Provisions [1700 - 1704] SECTION 1703. Source version: id_50019da7-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=1. The county superintendent of schools may, with the approval of the county board of education and in accordance with regulations of the Superintendent that the Superintendent is authorized to adopt, employ qualified personnel to provide for the coordination of courses of study, guidance services, health services, school library services, special education, and attendance activities among the school districts under the county superintendent’s jurisdiction. The regulations of the Superintendent adopted pursuant to this section shall be adopted with the advice of an advisory committee to include county superintendents of schools, which the Superintendent may by this provision appoint. (Amended by Stats. 2021, Ch. 666, Sec. 1. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 1. General Provisions [1700 - 1704] SECTION 1704. Source version: id_cbc715ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=1. The services described in Section 1703 shall, except in advisory services in school business administration activities, clerical, accounting, and stenographic services, be performed by persons who hold a valid credential, or a life diploma based thereon, authorizing administrative services. Any person who is, and continuously since September 7, 1955, has been, employed in the office of a county superintendent of schools and is performing any of the services described in Sections 1703 and 1704 may continue to perform such services without possessing the credential otherwise required as long as he remains continuously employed in his position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1900. Source version: id_0f5a9feb-0c91-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. The county superintendent of schools, with the approval of the county board of education and the board of supervisors, shall have power to establish and maintain classes or schools for prisoners in any county jail, county honor farm, or any county industrial farm or county or joint county road camp, for the purpose of providing instruction in civic, vocational, literacy, health, family and consumer sciences, technical, and general education. (Amended by Stats. 2019, Ch. 543, Sec. 1. (AB 1595) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1901. Source version: id_cbe59ab1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. The county board of education shall have the authority to award diplomas or certificates to prisoners enrolled in classes or schools in any county jail, county honor farm, or any county industrial farm or county or joint county road camp upon successful completion of a prescribed course of study. (Amended by Stats. 1978, Ch. 1267.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1902. Source version: id_cbe59ab3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. The county board of education may provide for the maintenance on Saturday of classes for prisoners in any county jail, county honor farm, or any county industrial farm or county or joint county road camp. (Amended by Stats. 1978, Ch. 1267.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1903. Source version: id_cbe72155-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. (a) For purposes of attendance, “adult” means any prisoner confined in any county jail, county honor farm, county industrial farm, county or joint county road camp, or community-based correction program, and who has enrolled in classes or schools authorized by Section 1900. (b) This chapter is applicable to a community-based correction program. (Amended by Stats. 1996, Ch. 1158, Sec. 1. Effective September 30, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1904. Source version: id_cbe72157-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. For all schools or classes maintained by the county superintendent of schools as authorized by Section 1906 in any county jail, county honor farm, or any county industrial farm or county or joint county road camp, the Superintendent of Public Instruction shall allow the amount computed under Section 1909. For purposes of this section, the Superintendent of Public Instruction shall, by rules and regulations, establish minimum standards for the conduct of the schools or classes, including, but not necessarily limited to, class size, attendance requirements, and requirements concerning records to be kept and reports to be submitted. (Amended by Stats. 1978, Ch. 1267.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1905. Source version: id_cbe72159-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. The sheriff or other official in charge of county correctional facilities may, subject to the approval of the board of supervisors, provide for the rehabilitation of prisoners confined in the county jail, county honor farm or any county industrial farm or county or joint county road camp. Such rehabilitation shall emphasize education and vocational training. (Amended by Stats. 1978, Ch. 1267.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1906. Source version: id_cbe7215b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. The board of supervisors may, by ordinance, direct the county superintendent of schools to establish and maintain classes or schools for prisoners in any county jail, county honor farm, or any county industrial farm or county or joint county road camp established by the county. The county board of education shall have the same powers and duties with respect to such schools, including the establishment of the budget deemed necessary for the operation of the school programs, as the governing board of a school district would have were such schools maintained by a school district. (Amended by Stats. 1978, Ch. 1267.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1907. Source version: id_cbe7215d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. The board of supervisors, in lieu of proceeding under Section 1906, may provide for the establishment and maintenance of classes or schools in connection with the jail facilities for the education and vocational training of the prisoners. The board, by ordinance, may provide for the establishment and maintenance of school facilities in the county jail, county honor farm, or any county industrial farm or county or joint county road camp, and such schools may be maintained by the governing board of any school district maintaining secondary schools. (Amended by Stats. 1978, Ch. 1267.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1908. Source version: id_cbe7215f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. (a) The board of supervisors of the county shall transfer from the general fund of the county to the county school service fund of the county superintendent of schools such sums, in excess of the amount of money received from the state by the county superintendent of schools, as the county board of education has deemed necessary to maintain the school programs in the county jail, county honor farm, county industrial farm or county or joint county road camps as described in Section 1906. (b) The board of supervisors, in lieu of proceeding under subdivision (a), shall agree with the governing board of the school district providing classes or schools for prisoners, to transfer from the general fund of the county to the general fund of the district such sums, in excess of the amount of money received on the basis of average daily attendance in such programs, as is necessary to maintain its school programs in the county jail, county honor farm, county industrial farm or county or joint county road camps as described in Section 1907. (Amended by Stats. 1978, Ch. 1267.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1909. Source version: id_52e07aa9-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. (a) From funds appropriated for allocation pursuant to Sections 2558 and 41841.5, for each county superintendent of schools who maintained schools or classes for adults in correctional facilities in the 1981–82 fiscal year pursuant to Section 1906, and who continues to maintain those schools or classes in each fiscal year thereafter, the Superintendent shall allow in the 1982–83 fiscal year and each fiscal year thereafter, an amount equal to the actual current expenses of the program, but not to exceed an amount determined as follows: (1) Compute the prior year statewide average local control funding formula per unit of average daily attendance for adults, increased by a relevant cost-of-living allowance prescribed in the annual Budget Act. (2) Multiply the amount computed in paragraph (1) by the average daily attendance of the schools or classes in the current fiscal year. (3) Multiply the product determined in paragraph (2) for each fiscal year by 0.8. (b) Notwithstanding subdivision (a), for the 1993–94 and 1994–95 fiscal years, in no event shall the amount allowed to a county superintendent of schools for each unit of average daily attendance pursuant to that subdivision exceed the statewide average revenue limit at which adults in correctional facilities were funded in the 1992–93 fiscal year, as adjusted by any cost-of-living adjustment pursuant to Section 42238.1. (Amended by Stats. 2021, Ch. 666, Sec. 2. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.5. Education of Prisoners [1900 - 1909.5] SECTION 1909.5. Source version: id_cbe8a803-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.5. The calculation made pursuant to Section 1909 is subject to Article 9 (commencing with Section 41840) of Chapter 5 of Part 24. (Added by Stats. 1993, Ch. 670, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 14.7. Youth and Adult Offender Education [1915- 1915.] SECTION 1915. Source version: id_cbe8a807-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=14.7. In addition to any educational opportunity available under Article 14.5 (commencing with Section 1900), any youth or adult offender in custody in Sacramento County shall be permitted, notwithstanding any other provision of law, to enroll in any appropriate educational program operated by a school district, community college district, or private school in that county, subject to the objectives, standards, and conditions set forth in Section 1203m of the Penal Code. (Added by Stats. 1989, Ch. 1358, Sec. 3. Effective October 2, 1989.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 15. Emergency Schools [1920 - 1924] SECTION 1920. Source version: id_cbe8a80b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=15. In order to provide elementary education for children residing in the county, or in order to provide elementary education for children of migratory laborers engaged in seasonal industries within the county, the county superintendent of schools may, with the approval of the county board of education, when funds are not available from other sources and in his judgment it is necessary, do any one or more of the following acts: (a) Establish and maintain one or more emergency elementary schools for children. (b) Provide one or more emergency teachers for the regular elementary schools of the districts in the county for the pupils. (c) Provide transportation for the children to an elementary school. In lieu of providing transportation of any pupil, the county superintendent of schools may, with the approval of the county board of education, pay to the parents or guardian of the pupil the cost of food and lodging for the pupil at a place convenient to an elementary school. The amount so paid shall not exceed the cost of providing for the transportation of the pupil to and from his home and the school. The county superintendent of schools may, with the approval of the county board of education, pay the expenses incurred in providing all the facilities and services authorized in this section, including necessary capital outlays, from the county school service fund. All emergency schools shall be maintained in accordance with standards prescribed by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 15. Emergency Schools [1920 - 1924] SECTION 1921. Source version: id_cbea2ead-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=15. The county superintendent of schools shall draw requisitions upon the unobligated funds of any suspended school district under his jurisdiction to pay in whole or in part the expenses incurred for the maintenance of emergency schools in the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 15. Emergency Schools [1920 - 1924] SECTION 1922. Source version: id_cbea2eaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=15. The county superintendent of schools may, with the approval of the county board of education, insure all real and personal property constructed, purchased, or otherwise provided by him for emergency schools established by him. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 15. Emergency Schools [1920 - 1924] SECTION 1923. Source version: id_cbea2eb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=15. The county superintendent of schools may, with the approval of the county board of education, transfer or sell the real and personal property of any emergency school maintained by him to any elementary school district under his jurisdiction, or to any other political subdivision of the state within which the school is located, upon such terms and conditions as are agreed upon by the county superintendent of schools, with the approval of the county board of education, and the governing board or authority of the district or other political subdivision. Districts and other political subdivisions may enter into such agreements and acquire such property. Any funds received by the county superintendent of schools under this section shall be paid by him into the county school service fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 15. Emergency Schools [1920 - 1924] SECTION 1924. Source version: id_cbea2eb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=15. The units of average daily attendance for a fiscal year in an emergency school maintained by the county superintendent of schools shall be computed by dividing the total number of days of pupils’ attendance in the emergency school during the fiscal year by 175. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 17. Miscellaneous [1940 - 1946] SECTION 1940. Source version: id_cbebb557-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=17. The county superintendent of schools may, with the approval of the county board of education, expend county school service funds for the purpose of administering and accounting for the county school service fund, or he may, with the approval of the county board of education, contract with and pay the board of supervisors for services rendered in administering and accounting for the county school service fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 17. Miscellaneous [1940 - 1946] SECTION 1941. Source version: id_cbebb559-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=17. The county superintendent of schools may, with the approval of the county board of education, provide services to school districts or community college districts in screening and directing teachers to the schools under his jurisdiction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 17. Miscellaneous [1940 - 1946] SECTION 1942. Source version: id_cbebb55b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=17. The county superintendent of schools may, with the approval of the county board of education, pay actual and necessary travel expenses incurred in connection with curricular and special services by the county superintendent of schools or by his designated staff members in accordance with regulations established by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 17. Miscellaneous [1940 - 1946] SECTION 1943. Source version: id_cbebb55d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=17. The county superintendent of schools may, with the approval of the county board of education, employ personnel to conduct research in connection with the activities of the county superintendent of schools, and to develop systems, procedures and methods for applying such research findings to improve the effectiveness of those activities. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 17. Miscellaneous [1940 - 1946] SECTION 1944. Source version: id_cbed3bff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=17. The county superintendent of schools may with the approval of the county board of education provide for the publication of materials that are necessary in connection with the curricular and special services that the superintendent of schools is authorized to perform in the county. The county superintendent of schools may, in accordance with regulations adopted by the county board of education and for educational use, sell or give away the published materials or may exchange them for similar published materials. Unless restricted by the regulations of the county board of education, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published materials in accordance with this section is declared to be a public purpose and in furtherance of Article IX, Section 1, of the California Constitution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 17. Miscellaneous [1940 - 1946] SECTION 1945. Source version: id_cbed3c01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=17. The county superintendent of schools may, with the approval of the county board of education, provide advisory services in school business administration activities, in maintenance of school building and grounds, and in the processing of special problems concerning credentials as designated by the State Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 17. Miscellaneous [1940 - 1946] SECTION 1946. Source version: id_cbed3c03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=17. The county board of education may enter into agreements with the governing boards of any of the school districts or community college districts in the territory under the jurisdiction of the office of the county superintendent of schools for the conduct, under the direction of that office, of centralized in-service training programs for both certificated and classified employees of the school districts and community college districts and of that office. Centralized in-service training program operations of the office of the county superintendent of schools shall be financed through the county school service fund, and shall be included in the budget prepared pursuant to Article 3 (commencing with Section 14050) of Chapter 1 of Part 9. (Amended by Stats. 1990, Ch. 1372, Sec. 35.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 3. Preparation of Courses of Studies [1720 - 1723] SECTION 1720. Source version: id_cbc89c4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=3. The county superintendent of schools may, with the approval of the county board of education, and in cooperation with school districts and community college districts provide for the preparation of courses of study and the development of curriculum and instructional materials to be used in the elementary and secondary schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 3. Preparation of Courses of Studies [1720 - 1723] SECTION 1721. Source version: id_cbca22f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=3. The county superintendent of schools may, with the approval of the county board of education, enter into an agreement with the governing board of any school district and community college districts in the territory under his or her jurisdiction, other than specified in Section 1720, to provide for the preparation of courses of study by the county superintendent of schools for use in the districts. The agreement shall provide for the payment of the cost of services rendered. (Amended by Stats. 1990, Ch. 1372, Sec. 33.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 3. Preparation of Courses of Studies [1720 - 1723] SECTION 1722. Source version: id_cbca22f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=3. The county superintendent of schools, with the approval of the county board of education, and in cooperation with school districts and community college districts and the State Department of Education, or the board of governors, according to jurisdiction may participate in projects for developmental program planning. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 3. Preparation of Courses of Studies [1720 - 1723] SECTION 1723. Source version: id_cbca22f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=3. The services described in Sections 1720, 1721 and 1722, except clerical, accounting, and stenographic services, shall be performed by persons who hold a valid credential, or a life diploma based thereon, authorizing administrative services. Any person who is, and continuously since September 7, 1955, has been, employed in the office of a county superintendent of schools and is performing the services described in this article may continue to perform such services without possessing the credential otherwise required as long as he remains continuously employed in his position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 4. Supervision of Instruction [1730 - 1732] SECTION 1730. Source version: id_cbceb6d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=4. The county superintendent of schools may, with the approval of the county board of education, employ supervisors to supervise instruction in the elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year and in the elementary schools of unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year. The services of supervisors shall be made available in such elementary and unified districts in which adequate supervision of instruction is not being provided by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 4. Supervision of Instruction [1730 - 1732] SECTION 1731. Source version: id_cbd03d7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=4. The county superintendent of schools may, with the approval of the county board of education, enter into an agreement with the governing board of any elementary school district under his jurisdiction for the supervision of instruction in the district by the county superintendent of schools. The agreement shall provide for the payment of the cost of providing the supervision of instruction. The county superintendent of schools shall transfer from the funds of the district to the county school service fund the amounts set forth in the agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 4. Supervision of Instruction [1730 - 1732] SECTION 1732. Source version: id_002922e0-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=4. The services described in Sections 1730 and 1731 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing that service. (Amended by Stats. 2024, Ch. 471, Sec. 1. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 5. Supervision of Attendance [1740 - 1742] SECTION 1740. Source version: id_cbd1c421-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=5. The county superintendent of schools may, with the approval of the county board of education, employ personnel to supervise the attendance of pupils in elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year, in high school districts under his jurisdiction which had less than 301 units of average daily attendance during the preceding fiscal year, and in unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year, if the districts are not served by any district supervisor of attendance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 5. Supervision of Attendance [1740 - 1742] SECTION 1741. Source version: id_cbd1c423-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=5. The county superintendent of schools may, with the approval of the county board of education, provide for the supervision of the attendance of pupils in school districts under his jurisdiction other than specified in Section 1740. The county superintendent of schools shall transfer from the funds of the district to the county school service fund an amount equal to the actual cost of providing for the supervision of attendance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 5. Supervision of Attendance [1740 - 1742] SECTION 1742. Source version: id_03e03772-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=5. The services described in Sections 1740 and 1741 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing performance of the service. (Amended by Stats. 2024, Ch. 471, Sec. 2. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 6. Supervision of Health [1750 - 1754] SECTION 1750. Source version: id_cbd34ac9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=6. The county superintendent of schools may, with the approval of the county board of education, employ one or more supervisors of health, as supervisors of health are defined in Section 49420, to provide health services to pupils in elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year, to pupils in high school districts under his jurisdiction which had less than 301 units of average daily attendance during the preceding fiscal year, and to pupils in unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 6. Supervision of Health [1750 - 1754] SECTION 1751. Source version: id_cbd34acb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=6. In lieu of employing supervisors of health, the county superintendent of schools may, with the approval of the county board of education, contract with the board of supervisors of the county in which he holds office, or with any local health district located wholly or partially within such county, for the provision of health services by employees of the county health department or local health district to pupils in the school districts specified in Section 1750. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 6. Supervision of Health [1750 - 1754] SECTION 1752. Source version: id_cbd34acd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=6. The county superintendent of schools may, with the approval of the county board of education, enter into an agreement with the governing board of any school district under his jurisdiction for the provision of any or all health services to the district by the county superintendent of schools. The agreement shall provide for the payment of the cost of providing the services. The county superintendent of schools shall transfer from the funds of the district to the county school service fund the amounts set forth in the agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 6. Supervision of Health [1750 - 1754] SECTION 1753. Source version: id_07a66734-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=6. The services described in Sections 1750, 1751, and 1752 shall be performed by persons who hold a valid health and development credential, or life diploma based thereon, or a services credential with a specialization in health issued by the Commission on Teacher Credentialing. (Amended by Stats. 2024, Ch. 471, Sec. 3. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 6. Supervision of Health [1750 - 1754] SECTION 1754. Source version: id_cbd4d171-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=6. A supervisor of health employed by the county superintendent of schools shall perform such duties in connection with the supervision of health of pupils as are prescribed by the county superintendent of schools. All rules governing health services provided pursuant to Sections 1750, 1751, or 1752 shall be made by the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 7. Provision of Guidance Services [1760 - 1762] SECTION 1760. Source version: id_cbd65815-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=7. The county superintendent of schools may, with the approval of the county board of education, employ personnel to provide necessary guidance services to pupils in elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year, in high school districts under his jurisdiction which had less than 301 units of average daily attendance during the preceding fiscal year, and in unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year; provided, adequate guidance services are not being furnished by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 7. Provision of Guidance Services [1760 - 1762] SECTION 1761. Source version: id_cbd65817-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=7. The county superintendent of schools may, with the approval of the county board of education, enter into an agreement with the governing board of any district for the provision of guidance services in the district by the county superintendent of schools. The agreement shall provide for the payment by the district of the cost of providing the guidance services. The county superintendent of schools shall transfer from the funds of the district to the county school service fund the amounts set forth in the agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 7. Provision of Guidance Services [1760 - 1762] SECTION 1762. Source version: id_0b5e6626-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=7. The services described in Sections 1760 and 1761 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing performance of the services. (Amended by Stats. 2024, Ch. 471, Sec. 4. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 8. Provision of Library Services [1770 - 1775] SECTION 1770. Source version: id_0f261c88-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=8. (a) The county superintendent of schools may, with the approval of the county board of supervisors and the county board of education, agree with the county librarian to take over all existing contracts for supplementary books and other material adopted for the course of study between the school districts or community college districts and the county librarian entered into pursuant to Article 4 (commencing with Section 18130) of Chapter 2 of Part 11. Thereafter, the county superintendent of schools shall generally perform the library services for the school districts or community college districts that were previously performed by the county library. (b) After the above agreement has been entered into, the governing board of any district that had not yet joined the county library may enter into an agreement with the county superintendent of schools for the performance of school library services upon the terms and conditions fixed in the contracts or agreements. (c) Whenever the county superintendent of schools performs school library services for any district, the provisions of Article 4 (commencing with Section 18130) of Chapter 2 of Part 11, so far as applicable, shall control. The county superintendent of schools shall employ a librarian holding a valid credential authorizing services as a librarian issued by the Commission on Teacher Credentialing. The county superintendent of schools shall also employ the assistants that may be necessary to carry on this service. The cost of the salaries of the librarian and assistants, and the other necessary expenses of maintenance of the library, including necessary supplies, equipment, and books, may be paid from the county school service fund. (Amended by Stats. 2024, Ch. 471, Sec. 5. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 8. Provision of Library Services [1770 - 1775] SECTION 1771. Source version: id_12ed84ca-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=8. (a) The county superintendent of schools of any county in which no county library is maintained may, with the approval of the county board of education, establish and maintain a county school library service for elementary school districts of the county that elect to participate in that service. (b) Upon the governing board of any elementary school district electing to participate in that service, the governing board of the elementary school district shall enter into an agreement with the county superintendent of schools, and the provisions of Article 4 (commencing with Section 18130) of Chapter 2 of Part 11 shall control and be applicable in the same manner as they apply to a school district that enters into an agreement for school library services from the county library. (c) The county superintendent of schools shall have the same powers, duties, responsibilities, and jurisdiction with respect to the furnishing and performance of library services to elementary school districts that have elected to participate in the county school library service as may be exercised by a county library with respect to school library services. (d) Whenever the county superintendent of schools establishes and maintains a county school library service pursuant to subdivision (a), the county superintendent of schools shall employ a librarian holding a valid credential authorizing service as a school librarian issued by the Commission on Teacher Credentialing. (e) The county superintendents of schools of two or more contiguous counties that have established county school library services pursuant to this section may cooperate with each other and to that end may enter into agreements with each other, and may do any and all things necessary or convenient to aid and cooperate in carrying out this section. (Amended by Stats. 2024, Ch. 471, Sec. 6. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 8. Provision of Library Services [1770 - 1775] SECTION 1772. Source version: id_cbd7dec1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=8. The county superintendent of schools may, with the approval of the county board of education, agree with the proper authorities of the county to transfer funds from the county school service fund to the county library for the purchase of such books and other materials as are adopted by the body authorized to adopt courses of study for the school districts of this county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 8. Provision of Library Services [1770 - 1775] SECTION 1773. Source version: id_cbd96563-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=8. The county superintendent of schools of any county maintaining one or more emergency elementary schools may, if the county maintains a county library, enter into an agreement with the proper authorities of the county to provide school library services in each of the schools under such terms and conditions as may be agreed upon. The agreement may, among other matters, provide for the payment by the county superintendent of schools to the proper authorities for the use of the county library from the county school service fund of such money at such times as may be agreed upon. All money transferred shall be used solely by the authorities of the county library for the purchase of books and other materials as may be adopted by the county board of education and for the care and distribution of such books and other materials to the schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 8. Provision of Library Services [1770 - 1775] SECTION 1774. Source version: id_cbd96565-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=8. (a) The county superintendent of schools may establish a county teachers’ library and expend from the county school service fund such amounts as are necessary for the purchase of books therefor and for the payment of the necessary expenses of maintenance thereof. (b) If there is a county library in any county, the county superintendent of schools may enter into an agreement with the county library for the transfer to it of all books and other property belonging to the county teachers’ library and may order such sums to be transferred from the county school service fund as are necessary for expenditure for the purchase and maintenance of books of professional interest to teachers. Thereupon the teachers’ library shall be administered as a part of the county library. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ARTICLE 8. Provision of Library Services [1770 - 1775] SECTION 1775. Source version: id_cbd96567-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.&article=8. Whenever the county superintendent of schools assumes responsibility for the establishment of a library or the performance of library services pursuant to this article, the county superintendent shall, on or before August 31st, in each year, report to the State Department of Education on the condition of the libraries under his supervision, for the year ending June 30th preceding. The reports of the superintendent shall, in addition to other matters deemed expedient by the librarian and the superintendent, contain such statistical and other information as is deemed desirable by the State Department of Education. For this purpose the State Department of Education may send to the several county superintendents or librarians instructions or question blanks so as to obtain the material for a comparative study of library conditions in the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6.5. County Community Schools [1980 - 1986] SECTION 1980. Source version: id_cbeec2a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.5.&article= A county board of education may establish and maintain one or more community schools. (Added by Stats. 1977, Ch. 992.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6.5. County Community Schools [1980 - 1986] SECTION 1981. Source version: id_28a63d0e-898b-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.5.&article= The county board of education may enroll pupils in a county community school who are any of the following: (a) Expelled from a school district for any reason other than those specified in subdivision (a) or (c) of Section 48915. (b) (1) Referred to a county community school by a school district as a result of the recommendation by a school attendance review board. A pupil shall not be referred to a county community school by a school district pursuant to this subdivision unless the school district and the county office of education determine all of the following: (A) The county community school has space available to enroll the pupil. (B) The county community school meets the educational needs of the pupil. (C) (i) The parent, guardian, or responsible adult of the pupil has not expressly objected to the referral based on one or more of the following reasons: (I) Reasonable concerns related to the pupil’s safety. (II) Geographic accessibility. (III) Inability to transport. (IV) The school does not meet the pupil’s educational needs. (ii) The school district may require the objection to be in writing if it has advised the parent, guardian, or responsible adult that they may object, in writing, for one of these reasons. (2) If the county community school recommended pursuant to paragraph (1) is not geographically accessible to the pupil, the school attendance review board shall also include in its recommendation a school option for the pupil that is geographically accessible to the pupil and meets the criteria specified in paragraph (1). (3) If the parent, guardian, or responsible adult of the pupil objects for any of the reasons described in subclauses (I) to (IV), inclusive, of clause (i) of subparagraph (C) of paragraph (1), the school district may either address the express objection or find an alternative placement in another comprehensive or continuation school within the school district. If the school district has offered the pupil all other options, the school district may refer the pupil to the county community school. (4) The pupil has the right to return to his or her prior school or another appropriate school within his or her school district at the end of the semester following the semester when the acts leading to referral occurred. The right to return shall continue until the end of the pupil’s 18th year of age, except that a pupil with exceptional needs, consistent with Section 56041 of this code and Section 1412(a)(1)(A) of Title 20 of the United States Code, shall have the right to return until he or she turns 22 years of age. (c) (1) (A) On probation, with or without the supervision of a probation officer and consistent with an order of a juvenile court, who are considered to be wards of the court under Sections 601 and 602 of the Welfare and Institutions Code and ordered placed pursuant to Sections 725, 729.2, and 791 of, and paragraph (2) of subdivision (a) of Section 727 of, the Welfare and Institutions Code. (B) Under the supervision of a probation officer, with the consent of the minor and the minor’s parent or guardian, pursuant to Section 654 of the Welfare and Institutions Code. (C) Under the supervision of a probation officer pursuant to Section 726 and paragraph (3) of subdivision (a) of Section 727 of the Welfare and Institutions Code with the consent of the pupil’s parent, guardian, or responsible adult appointed by the juvenile court to make educational decisions for the pupil. The enrollment of a minor covered by this paragraph in a county community school shall be consistent with paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code, which provides that all educational and school placement decisions shall seek to ensure that the youth is in the least restrictive educational program, has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils, and are based on the best interests of the child. (D) Unless specifically ordered by a juvenile court, nothing in this subdivision shall be construed to conflict with the existing rights of a parent, guardian, or responsible adult appointed by the juvenile court pursuant to Section 726 of the Welfare and Institutions Code to make educational placement decisions for the minor. (E) With respect to a pupil’s enrollment in a county community school pursuant to subparagraph (B) or (C), and consistent with paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code and California Rule of Court 5.651, all of the following shall apply: (i) The attorney for, or the person holding the educational rights of, a pupil who is under the jurisdiction of the delinquency court may use the procedures set forth in California Rule of Court 5.651 to address any change of placement that results in the enrollment of the pupil in a county community school that is not his or her school of origin. (ii) The attorney or the person holding the educational rights appointed by the court for a pupil who is under the jurisdiction of the delinquency court may, during a regularly scheduled hearing, raise any concerns with respect to whether the enrollment of the pupil in a county community school is meeting the educational needs of the pupil. (iii) Nothing in this subparagraph is intended to limit in any way the rights or responsibilities of any person as set forth in paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code and California Rule of Court 5.651. (2) On probation or parole and not in attendance at any school, where enrollment is with the consent of the parent, guardian, or responsible adult, or the pupil, if he or she is 18 years of age or older. Nothing in this subdivision shall impact the provision of services or funding for youth up to 25 years of age pursuant to subdivision (b) of Section 1982, as that section read on September 25, 2013. (3) Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915. (4) Enrollment in a county community school pursuant to this subdivision shall be consistent with subdivision (b) of Section 48645.5. (d) Pupils whose school districts of attendance, or, for pupils who do not have school districts of attendance, school districts of residence, have, at the request of the pupil’s parent, guardian, or responsible adult, approved the pupil’s enrollment in a county community school, subject to the following: (1) A pupil shall not be enrolled in a county community school pursuant to this subdivision unless the school district determines that the placement will promote the educational interests of the pupil and the county community school has space available to enroll the pupil. (2) A parent, guardian, or responsible adult of a pupil enrolled in a county community school pursuant to this subdivision may rescind the request for the placement, and the pupil shall be immediately reenrolled in the school that the pupil attended at the time of the referral, or, with the consent of the parent, guardian, or responsible adult, another appropriate school. (e) The procedures outlined in subdivisions (b) to (e), inclusive, of Section 51225.2 govern the transfer of credits, records, including special education records, and grades required pursuant to subdivision (a) of Section 48645.5 and Section 49068 when the pupil transfers to and from the county community school. (f) For purposes of this section, “geographically accessible” means that the pupil can reasonably travel to and from the school and is able to pay for any transportation costs that are above and beyond the costs to attend his or her school of residence or prior school, whichever is farther away. (Amended by Stats. 2014, Ch. 837, Sec. 1. (SB 1111) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6.5. County Community Schools [1980 - 1986] SECTION 1981.5. Source version: id_3fad26c0-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.5.&article= (a) A pupil who is involuntarily enrolled in a county community school pursuant to subdivision (a) of, or subparagraph (A) of paragraph (1) or paragraph (3) of subdivision (c) of, Section 1981 shall have the right to reenroll in his or her former school or another comprehensive school immediately after being readmitted from the expulsion order pursuant to Section 48916 or court-ordered placement. Nothing in this section is intended to limit the school placement options that a school district may recommend for a pupil being readmitted. (b) Consistent with the process and procedures set forth in Section 48916, only the governing board of the school district that issued the initial order or subsequent order to expel may extend the duration of an expelled pupil’s placement in a county community school. (Added by Stats. 2014, Ch. 837, Sec. 3. (SB 1111) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6.5. County Community Schools [1980 - 1986] SECTION 1983. Source version: id_1e6ea3fd-0c91-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.5.&article= (a) Pupils enrolled in county community schools shall be assigned to classes or programs deemed most appropriate for reinforcing or reestablishing educational development. (b) These classes or programs may include, but need not be limited to, basic educational skill development, on-the-job training, school credit recovery assistance, tutorial assistance, and individual guidance activities. (c) To the extent that independent study is determined to satisfy the individually planned educational program described in subdivision (d) for a pupil attending a county community school, it shall meet all the requirements of Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 of Title 2, including the requirement that entry into that program is voluntary. (d) An individually planned educational program based upon an educational assessment shall be prescribed for each pupil. (e) The course of study of a county community school shall be adopted by the county board of education and shall enable each pupil to continue academic work leading to the completion of a regular high school program. (f) Pursuant to Part 30 (commencing with Section 56000) of Division 4 of Title 2, Chapter 33 (commencing with Section 1400) of Title 20 of the United States Code, and accompanying state and federal regulatory provisions, county boards of education operating county community schools shall ensure that assessments are administered in all areas of suspected disability and appropriate services and programs, as specified in a pupil’s individualized education program, are provided. (g) County boards of education operating county community schools shall ensure that appropriate services and programs designed to address the language needs of pupils identified as English learners are provided in compliance with all applicable state and federal laws and regulatory provisions. (h) For purposes of this section, “school credit recovery assistance” refers to a pupil passing, and receiving credit for, a course that the pupil previously attempted, but for which the pupil was unsuccessful in earning academic credit towards graduation. The pupil can recover the credit by satisfying requirements for the course in which they were unsuccessful and can focus on earning credit based on competency in the content standards for that particular course. Credit recovery programs aim to help schools graduate more pupils by giving pupils who have fallen behind the chance to recover credits through a multitude of different strategies. Different programs allow pupils to work on their credit recovery classes over the summer, on school breaks, after school, on weekends, at home on their own, at night in school computer labs, online, or even during the schoolday. (Amended by Stats. 2019, Ch. 451, Sec. 1. (AB 1097) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6.5. County Community Schools [1980 - 1986] SECTION 1984. Source version: id_cbf1cff7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.5.&article= For the purposes of establishing and maintaining a county community school, a county board of education shall be deemed to be a school district. (Added by Stats. 1977, Ch. 992.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 6.5. County Community Schools [1980 - 1986] SECTION 1986. Source version: id_ce3ecbda-47e9-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=6.5.&article= (a) The Legislature hereby recognizes that community schools are a permissive educational program. (b) If a county superintendent of schools elects to operate a community school pursuant to this chapter, he or she shall do one or more of the following: (1) Utilize available school facilities that conform to the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (2) Apply for emergency portable classrooms pursuant to Section 17717.2 or Chapter 25 (commencing with Section 17785) of Part 10. (3) Enter into lease agreements provided that the facilities are limited to one of the following: (A) Single story, wood-framed structure. (B) Single story, light steel frame structure. (C) A structure where a structural engineer has submitted a report that determines substantial structural hazards do not exist. The county board of education shall review the report prior to approval of the lease and may reject the report if there is any evidence of fraud regarding the facts in the report. (c) Before entering into any lease pursuant to paragraph (3) of subdivision (b), the county superintendent of schools shall certify that all reasonable efforts have been made to locate community schools in facilities that conform to the structural safety standards listed in paragraph (1) of subdivision (b). (d) This section shall become operative on July 1, 1990. (Amended by Stats. 2012, Ch. 728, Sec. 21. (SB 71) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 7. Attendance in Adjoining States [2000 - 2011] SECTION 2000. Source version: id_cbf3569f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=7.&article= The county superintendent of schools of any county contiguous to an adjoining state may grant permission to pupils residing in the county to attend elementary school or high school in a school district of the adjoining state and may provide for the transportation of the pupils to the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 7. Attendance in Adjoining States [2000 - 2011] SECTION 2005. Source version: id_a439f896-fe2e-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=7.&article= The superintendent of schools of a school district, or the principal of a school, in an adjoining state attended by pupils residing in an adjoining county in this state shall certify to the county superintendent of schools of the county not later than July 2nd of each year the average daily attendance of pupils from the county attending the school. (Amended by Stats. 2014, Ch. 33, Sec. 6. (SB 859) Effective June 20, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 7. Attendance in Adjoining States [2000 - 2011] SECTION 2010. Source version: id_cbf356ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=7.&article= All requisitions drawn by the county superintendent of schools under this article shall be approved by the county auditor and paid by the county treasurer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] CHAPTER 7. Attendance in Adjoining States [2000 - 2011] SECTION 2011. Source version: id_cbf4dc4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=2.&chapter=7.&article= The county superintendent of schools may with the approval of the county auditor transfer any unnecessary surplus in the county school tuition fund to the county school service fund whenever in his judgment the surplus will not be needed for the payment of tuition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4000. Source version: id_cc2eff97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. There is in each county, except a county which is also a city and county, a county committee on school district organization. The number of members of the county committee in each county shall be determined as provided in this article. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4001. Source version: id_2cc28fe7-73f9-11da-8ba4-be44ba728b5f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. If all of the territory of a county under the jurisdiction of the county superintendent of schools of the county is included in one unified school district, the governing board of the unified school district shall constitute the county committee. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4002. Source version: id_cc2eff9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. Except as provided in Section 4001, if there are fewer than six school districts or community college districts in the territory under the jurisdiction of the county superintendent of schools of the county, he or she shall determine the number of, and appoint, the members of the county committee. (Amended by Stats. 1990, Ch. 1372, Sec. 39.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4003. Source version: id_cc30863d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. In every county with six or more school districts or community college districts in the territory under the jurisdiction of the county superintendent of schools of the county, the county committee on school district organization shall have 11 members. (Amended by Stats. 1990, Ch. 1372, Sec. 40.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4004. Source version: id_cc30863f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. (a) If the number of school districts or community college districts in a county with six or more districts decreases to fewer than six, Section 4001 or 4002 shall apply, as appropriate. (b) If the number of school districts or community college districts in a county with fewer than six districts increases to six or more, Section 4003 shall apply. (c) Each member serving on a county committee when the number of school districts or community college districts changes as described in subdivision (a) or (b) shall serve out his or her term of office. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4005. Source version: id_cc308641-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. (a) The county superintendent of schools shall call an annual meeting of the representatives of the governing board of each school district, elected pursuant to Section 35023, and the representatives of the governing board of each community college district, elected pursuant to Section 72403. This annual meeting shall be held between October 1 and December 1. (b) The county superintendent of schools shall give notice of the annual meeting to the representatives of each governing board by prepaid mail addressed to the clerk or secretary of the governing board of each district. The notice shall be deemed sufficient and complete when deposited in the United States mail. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4006. Source version: id_cc308643-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. (a) Any vacancy created by the expiration of the term of office of a member of the county committee on school district organization shall be filled by the majority vote of the representatives of the governing boards at the annual meeting called and held pursuant to subdivision (a) of Section 4005. The county committee may authorize the representatives of the governing boards to vote, for this purpose, through the use of absentee ballots that are submitted, in the form and manner prescribed by the county committee, prior to the date set for the annual meeting. (b) If the representatives fail to elect members to fill the vacancies on the county committee pursuant to subdivision (a), the vacancies shall be filled by the county superintendent of schools. (c) Vacancies on the county committee which occur prior to the expiration of the term of office of a member of the county committee, which are caused by the happening of any of the events specified in Section 1770 of the Government Code, shall be filled as follows: (1) In a county in which the members of the county committee are appointed by the county superintendent of schools, by the appointment of the county superintendent of schools. (2) In a county in which the members of the county committee are elected by the representatives of the governing boards, by the majority vote of the remaining members of the committee. However, if the remaining members of the committee do not fill the vacancy within 70 days of its occurrence, the county superintendent of schools shall fill the vacancy by his or her appointment. Persons elected or appointed to fill a vacancy pursuant to this subdivision shall hold office for the remainder of the unexpired term. (d) It is the intent of the Legislature that the allowance for absentee ballots will increase participation in the selection of county committees and will not diminish the public review of candidates for those county committees. (Amended by Stats. 1989, Ch. 860, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4007. Source version: id_cc320ce5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. No county superintendent of schools, employee of the office of a county superintendent of schools, employee of a school district, or employee of a community college district shall be a member of the county committee. Any member of the governing board of a school district or community college district in the same or any other county who is otherwise eligible may simultaneously serve as a member of the county committee. (Amended by Stats. 1986, Ch. 1123, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4008. Source version: id_cc320ce7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. (a) At least two members of every county committee shall be elected from among the registered voters residing within each county supervisorial district in the county. (b) If any change in the boundaries of a county supervisorial district in the county affects an incumbent member of the county committee, the affected member shall serve the remainder of his or her term of office and succeeding county committees shall be elected in accordance with subdivision (a). (Amended by Stats. 1991, Ch. 581, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4009. Source version: id_cc320ce9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. The term of each member of the county committee shall begin upon election pursuant to Section 4006 or upon appointment pursuant to Section 4002, as appropriate, and shall be for four years. (Added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4010. Source version: id_cc320ceb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. The members of the county committee shall serve without compensation. However, they shall receive reimbursement for any actual and necessary travel expenses incurred in the performance of their duties. (Amended by Stats. 1987, Ch. 1452, Sec. 47.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4011. Source version: id_cc320ced-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. (a) The county counsel, or if there is no county counsel, the district attorney, may provide legal services to the county committee. (b) In any county in which the board of supervisors has transferred functions and duties to the county board of education pursuant to Section 1080 and the county board of education has agreed to include the expenses of the county committee in the single budget adopted pursuant to Section 1623 for which a county tax is levied, the county committee may appoint legal counsel in the same manner that the county superintendent of schools of that county may appoint counsel. The expenses of an appointment pursuant to this subdivision shall be a proper charge against the county school service fund. (Added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4012. Source version: id_cc320cef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. Within 30 days after the election or appointment of the county committee, the county superintendent of schools shall call the first meeting of the county committee, for purposes of electing a committee chairperson and a committee vice chairperson from among the members of the committee. The county superintendent of schools shall serve as the secretary of the county committee. (Amended by Stats. 1983, Ch. 1095, Sec. 2. Effective September 27, 1983.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4013. Source version: id_cc320cf1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. Meetings of the county committee may be called by the chairperson, or by a quorum of the committee. (Added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 1. County Committees on School District Organization [4000 - 4014] SECTION 4014. Source version: id_cc339393-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=1. For purposes of this article, a majority of the members of county committee shall constitute a quorum. (Added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] SECTION 4020. Source version: id_cc339397-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=2. (a) Upon the petition of the county committee on school district organization of a county, or of the county board of education of that county, the State Board of Education may order the county board of education to act as the county committee on school district organization for that county. (b) The State Board of Education shall approve or reject a petition to transfer the duties and powers of the county committee on school district organization of a county to the county board of education of that county and shall notify the petitioning agency of its action within 90 days after receiving the petition. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] SECTION 4021. Source version: id_cc339399-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=2. Upon the order of the State Board of Education issued pursuant to Section 4020, the county board of education of a county succeeds to and is vested with all duties, powers, purposes, responsibilities, and jurisdiction formerly vested in the county committee on school district organization of that county. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] SECTION 4022. Source version: id_cc33939b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=2. (a) The State Board of Education may, upon its own motion or upon petition of the county board of education or a majority of districts in the county, reestablish a county committee on school district organization whose duties and powers have been previously transferred pursuant to Section 4020. (b) The State Board of Education shall vote to approve or disapprove any petition submitted pursuant to subdivision (a) at the next regularly scheduled board meeting for which the matter can be properly noticed. (Added by Stats. 1990, Ch. 1263, Sec. 5.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] SECTION 4023. Source version: id_cc351a3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=2. Notwithstanding subdivision (a) of Section 4005, the first annual meeting following the reestablishment of a county committee on school district organization shall occur within 30 days of the State Board of Education’s action to reestablish the committee. (Added by Stats. 1990, Ch. 1263, Sec. 6.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] CHAPTER 1. Operational Procedures [4000 - 4024] ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] SECTION 4024. Source version: id_cc351a3f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=3.&chapter=1.&article=2. A county committee on school district organization reestablished pursuant to Section 4022 succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction previously transferred to the county board of education pursuant to Section 4021. (Added by Stats. 1990, Ch. 1263, Sec. 7.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5000. Source version: id_cc36a0e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. After the initial election of governing board members in any school district or community college district, a governing board member election shall be held biennially on the first Tuesday after the first Monday in November of each succeeding odd-numbered year to fill the offices of members whose terms expire on the first Friday in December next succeeding the election. Except as provided in this chapter, or in Chapter 2 (commencing with Section 5200) , the elections shall be held and conducted in accordance with Chapter 3 (commencing with Section 5300). (Amended by Stats. 1996, Ch. 1143, Sec. 1. Effective September 30, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5009. Source version: id_cc36a0e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. The governing board of any school district or community college district having trustee areas and which elects more than one member from any of such trustee areas may, by resolution, provide for the staggering of terms of members elected from any of such multiple-member trustee areas. The resolution shall provide that at the initial election after adoption of the resolution, one or more members elected from a trustee area will be elected for two-year terms and that one or more members elected from such trustee area will be elected for four-year terms, and that thereafter all members elected from such trustee area will be elected for four-year terms. Immediately after the initial election, the newly elected members from such trustee area shall draw lots to determine which of the members shall serve a two-year term and which of the members shall serve a four-year term. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5013. Source version: id_cc36a0eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. The form of ballot for governing board member elections shall be governed by Chapter 2 (commencing with Section 13100) of Division 13 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 9. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5014. Source version: id_cc38278d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Any election held for the purpose of electing governing board members of any school district, or community college district, including additional governing board members as provided by Section 5018 shall be held and conducted in accordance with the uniform procedures set forth in Chapter 3 (commencing with Section 5300) of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5015.7. Source version: id_cc38278f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. If the governing board of Santa Clarita Community College adopts election procedures with number assignments to each board seat pursuant to Section 5015.5, this system shall remain in effect until the governing board, by a resolution adopted by a two-thirds vote of the board, discontinues numbered seats and returns to procedures under Section 5015. (Added by Stats. 1983, Ch. 271, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5016. Source version: id_cc382791-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. (a) If a tie vote makes it impossible to determine either which of two or more candidates has been elected to the governing board or the term of office of a governing board member, the county superintendent of schools having jurisdiction shall so certify to the governing board. (b) The governing board may either call a runoff election or determine the winner or winners by lot. Prior to conducting any school board election on or after March 1, 1977, the governing board of each school district shall establish which of such procedures is to be employed by the district in the event of a tie vote. (c) If the governing board decides to determine the winner by lot, the governing board shall forthwith notify the candidates who have received the tie votes to appear before it either personally or by a representative at a time and place designated by the governing board. The governing board shall at that time and place determine the winner or winners by lot. (d) If the governing board decides to call a runoff election, it shall call a runoff election to be held in the district on the sixth Tuesday following the election at which the tie vote occurred. Only the candidates receiving the tie votes shall appear on the ballots. Any member of the governing board who will be succeeded by a winner of the runoff election and whose term would expire before the winner of the runoff election would be determined shall continue to discharge the duties of his office until his successor has qualified. The runoff election shall be called and conducted substantially in the manner provided in Chapter 3 (commencing with Section 5300) of this part, provided, that the governing board shall determine the adjustments of the time requirements prescribed therein which would be necessary in order to conduct the runoff election. (Amended by Stats. 1977, Ch. 1205.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5017. Source version: id_fe19ca93-fcc5-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Each person elected at a regular biennial governing board member election shall hold office for a term of four years commencing on the second Friday in December next succeeding his or her election. Any member of the governing board of a school district or community college district whose term has expired shall continue to discharge the duties of the office until his or her successor has qualified. The term of the successor shall begin upon the expiration of the term of his or her predecessor. (Amended by Stats. 2018, Ch. 146, Sec. 3. (AB 2449) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5018. Source version: id_2199bda8-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Any elementary school district having a governing board of three members may, and any elementary school district having a governing board of three members whose average daily attendance during the preceding fiscal year was 300 or more shall do either of the following: (a) By its own action determine that the number of members of the governing board shall be increased to five, in which case two additional members shall be elected at an upcoming established election date, as specified in Section 1000 of the Elections Code, determined by the board. (b) Request the county superintendent of schools having jurisdiction to submit the question of whether the number of members of the governing board shall be increased to five to the voters of the elementary school district at an upcoming established election date, as specified in Section 1000 of the Elections Code, determined by the county superintendent of schools. At the same election, two additional members shall be elected to take office if the number of governing board members is increased. Candidates for the two additional offices shall state in the declarations of candidacy filed for the election that the candidates are candidates for the two additional offices separately from the other offices to be filled in the election and shall clearly indicate to the voters that they may vote for two of the candidates to take office if the voters approve the proposed increase in the number of board members. If the voters at the election do not approve the increase in membership of the governing board, the same question may be submitted to the voters at subsequent governing board member elections. Requests to the county superintendent to submit the question to the voters of a district shall be filed with him or her by the governing board of the district no later than 100 days prior to the election. If, pursuant to either subdivision (a) or subdivision (b), two additional governing board members are authorized and elected, the one receiving the higher number of votes shall hold office for a term commencing the first day of the month following the election until the first Friday in December in the second succeeding year following the election in which a regular governing board election is held, and the other one shall hold office for a term commencing the first day of the month following the election until the first Friday in December in the first succeeding year following the election in which a regular governing board election is held. Thereafter the governing board shall be composed of five members elected in the same manner and for the same term as governing boards having five members. (Amended by Stats. 2006, Ch. 588, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5019. Source version: id_f11a12db-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. (a) (1) In any school district or community college district, the county committee on school district organization may establish trustee areas, rearrange the boundaries of trustee areas, abolish trustee areas, and increase to seven from five, or decrease from seven to five, the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030. (2) For any school district whose average daily attendance during the preceding year was less than 300, the county committee on school district organization may decrease from five to three the number of members of the governing board, or adopt one of the alternative methods of electing governing board members specified in Section 5030. (3) Notwithstanding paragraph (1), the county committee on school district organization shall not rearrange trustee area boundaries in a school district or community college district that has established a hybrid or independent redistricting commission for this purpose pursuant to Section 23003 of the Elections Code, the charter of a city or city and county, or a legal settlement. (b) The county committee on school district organization may establish or abolish a common governing board for a high school district and an elementary school district within the boundaries of the high school district. The resolution of the county committee on school district organization approving the establishment or abolition of a common governing board shall be presented to the electors of the school districts as specified in Section 5020. (c) (1) A proposal to make the changes described in subdivision (a) or (b) may be initiated by the county committee on school district organization or made to the county committee on school district organization either by a petition signed by 5 percent or 50, whichever is less, of the qualified registered voters residing in a district in which there are 2,500 or fewer qualified registered voters, by 3 percent or 100, whichever is less, of the qualified registered voters residing in a district in which there are 2,501 to 10,000 qualified registered voters, by 1 percent or 250, whichever is less, of the qualified registered voters residing in a district in which there are 10,001 to 50,000 qualified registered voters, by 500 or more of the qualified registered voters residing in a district in which there are 50,001 to 100,000 qualified registered voters, by 750 or more of the qualified registered voters residing in a district in which there are 100,001 to 250,000 qualified registered voters, or by 1,000 or more of the qualified registered voters residing in a district in which there are 250,001 or more qualified registered voters or by resolution of the governing board of the district. For this purpose, the necessary signatures for a petition shall be obtained within a period of 180 days before the submission of the petition to the county committee on school district organization, and the number of qualified registered voters in the district shall be determined pursuant to the most recent report submitted by the county elections official to the Secretary of State under Section 2187 of the Elections Code. (2) When a proposal is made pursuant to paragraph (1), the county committee on school district organization shall call and conduct at least one hearing in the district on the matter. At the conclusion of the hearing, the county committee on school district organization shall approve or disapprove the proposal. (d) If the county committee on school district organization approves pursuant to subdivision (a) the rearrangement of the boundaries of trustee areas for a particular district, then the rearrangement of the trustee areas shall be effectuated for the next district election occurring at least 125 days after its approval, unless at least 5 percent of the registered voters of the district sign a petition requesting an election on the proposed rearrangement of trustee area boundaries. The petition for an election shall be submitted to the county elections official within 60 days of the proposal’s adoption by the county committee on school district organization. If the qualified registered voters approve pursuant to subdivision (b) or (c) the rearrangement of the boundaries to the trustee areas for a particular district, the rearrangement of the trustee areas shall be effective for the next district election occurring at least 125 days after its approval by the voters. (e) Trustee areas shall comply with the requirements and criteria of Section 21130 of the Elections Code. (Amended by Stats. 2023, Ch. 343, Sec. 6. (AB 764) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5019.5. Source version: id_f4b4298d-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. (a) Following each decennial federal census, the governing board of each school district or community college district in which trustee areas have been established shall adopt trustee area boundaries pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code. (b) Notwithstanding subdivision (a) of Section 21130 of the Elections Code, if a school district or community college district has one or more multiple-member trustee areas, the governing board shall adopt the boundaries of the areas of the district so that the population of each area is substantially the same proportion of the total population of the district as the ratio that the number of governing board members elected from the area bears to the total number of members of the governing board, as required by the United States Constitution. Substantial proportionality of population shall be based on the total population of residents as provided in paragraphs (1) and (2) of subdivision (a) of Section 21130 of the Elections Code. (c) Except as provided in subdivision (a), the authority to establish or abolish trustee areas, rearrange the boundaries of trustee areas, increase or decrease the number of members of the governing board, or adopt any method of electing governing board members may be exercised only as otherwise provided under this article and Division 21 (commencing with Section 21000) of the Elections Code, as applicable. (Amended by Stats. 2023, Ch. 343, Sec. 7. (AB 764) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5020. Source version: id_47e84c84-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. (a) (1) The resolution of the county committee approving a proposal to establish or abolish trustee areas, to adopt one of the alternative methods of electing governing board members specified in Section 5030, or to increase or decrease the number of members of the governing board shall constitute an order of election, and the proposal shall be presented to the electors of the district not later than the next succeeding election for members of the governing board. (2) Notwithstanding paragraph (1), a county committee may, by resolution, approve a proposal to establish trustee areas and to elect governing board members using district-based elections, as defined in subdivision (b) of Section 14026 of the Elections Code, without being required to submit the resolution to the electors of the district for approval. A resolution adopted pursuant to this paragraph shall include a declaration that the change in the method of electing members of the governing body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code). The resolution shall take effect upon adoption and shall govern all elections for governing board members occurring at least 125 days after the adoption of the resolution. (b) If a petition requesting an election on a proposal to rearrange trustee area boundaries is filed, containing at least 5 percent of the signatures of the district’s registered voters as determined by the elections official, the proposal shall be presented to the electors of the district, at the next succeeding election for the members of the governing board, at the next succeeding statewide primary or general election, or at the next succeeding regularly scheduled election at which the electors of the district are otherwise entitled to vote if there is sufficient time to place the issue on the ballot. The rearranged trustee areas shall comply with the criteria and requirements in Section 21130 of the Elections Code. (c) If a petition requesting an election on a proposal to establish or abolish trustee areas, to increase or decrease the number of members of the board, or to adopt one of the alternative methods of electing governing board members specified in Section 5030 is filed, containing at least 10 percent of the signatures of the district’s registered voters as determined by the elections official, the proposal shall be presented to the electors of the district, at the next succeeding election for the members of the governing board, at the next succeeding statewide primary or general election, or at the next succeeding regularly scheduled election at which the electors of the district are otherwise entitled to vote if there is sufficient time to place the issue on the ballot. Before the proposal is presented to the electors, the county committee on school district organization may call and conduct one or more public hearings on the proposal. (d) The resolution of the county committee approving a proposal to establish or abolish a common governing board for a high school and an elementary school district within the boundaries of the high school district shall constitute an order of election. The proposal shall be presented to the electors of the district at the next succeeding statewide primary or general election, or at the next succeeding regularly scheduled election at which the electors of the district are otherwise entitled to vote if there is sufficient time to place the issue on the ballot. (e) (1) For each proposal there shall be a separate proposition on the ballot. The ballot shall contain the following words: “Shall trustee areas be established (or abolished or rearranged) in ____ (insert name) School District?” “Shall the number of members of the governing board of ____ (insert name) School District be increased from five to seven?” “Shall the number of members of the governing board of ____ (insert name) School District be decreased from seven to five?” “Shall each member of the governing board of the ____ (insert name) School District be elected by the registered voters of the entire _____ (insert name) School District?” “Shall one member of the governing board of the ____ (insert name) School District residing in each trustee area be elected by the registered voters in that trustee area?” “Shall one member, or more than one member for one or more trustee areas, of the governing board of the ____ (insert name) School District residing in each trustee area be elected by the registered voters of the entire ____ (insert name) School District?” “Shall a common governing board in the ____ (insert name) School District and the ____ (insert name) School District be established (or abolished)?” (2) To the right of or below the words describing each proposal to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the proposal. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (f) If more than one proposal appears on the ballot, all must carry in order for any to become effective, except as follows: (1) A proposal to adopt one of the methods of election of board members specified in Section 5030 that is approved by the voters shall become effective unless a proposal that is inconsistent with that proposal has been approved by a greater number of voters. (2) An inconsistent proposal approved by a lesser number of voters than the number which have approved a proposal to adopt one of the methods of election of board members specified in Section 5030 shall not be effective. (Amended by Stats. 2025, Ch. 303, Sec. 2. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5021. Source version: id_fb92bce1-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. (a) If a proposal for the establishment of trustee areas formulated under Sections 5019 and 5020 is approved by a majority of the voters voting at the election, or by the county committee on school district organization when no election is required, any affected incumbent board member shall serve out the board member’s term of office and succeeding board members shall be nominated and elected in accordance with Section 5030. If two or more trustee areas are established at an election that are not represented in the membership of the governing board of the school district or community college district, the county committee shall determine by lot the trustee area from which the nomination and election for the next vacancy on the governing board shall be made. (b) If a proposal for rearrangement of boundaries is approved by a majority of the voters voting on the measure, or by the county committee when no election is required, or by the board, and if the boundary changes affect the board membership, any affected incumbent board member shall serve out the board member’s term of office and that member shall continue to represent the constituents residing in the area boundaries from which the member was elected for the duration of that term of office. Succeeding board members shall be nominated and elected in accordance with Section 5030. This section does not prevent a board from assigning a trustee or school district or community college district official to provide constituent services to residents of an area that is temporarily not represented by a trustee due to redistricting. (c) If a proposal for abolishing trustee areas is approved by a majority of the voters voting at the election, the incumbent board members shall serve out their terms of office and succeeding board members shall be nominated and elected at large from the district. (Amended by Stats. 2023, Ch. 343, Sec. 10. (AB 764) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5022. Source version: id_f5c5f40e-8d07-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. If the number of members of the governing board is increased from five to seven, the two additional members of the board of trustees shall be appointed by the governing board of the district, with the term of one of those two additional appointees being designated to expire on the first Friday in December of the next succeeding odd-numbered year and the term of the other appointee being designated to expire on the first Friday in December of the second succeeding odd-numbered year. (Amended by Stats. 1992, Ch. 970, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5023. Source version: id_fefdfb63-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. (a) Whenever an elementary, high school, or unified school district, or a portion of any such district, is annexed to another school district in which trustee areas have been established, the county committee on school district organization of the county having jurisdiction over the annexing district shall study and make recommendations with respect to trustee areas of the annexing district as enlarged. If the recommendations include moving territory from an existing trustee area in the annexing district to another trustee area of the annexing district, the recommendations shall comply with the criteria and requirements in Section 21130 of the Elections Code. Procedures contained in Section 5019 shall be used for purposes of this section. (b) Recommendations adopted under provisions of subdivision (a), if approved by the electors, shall become effective on the same date that the annexing district as enlarged becomes effective for all purposes. (Amended by Stats. 2023, Ch. 343, Sec. 11. (AB 764) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5024. Source version: id_cc3b34e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. The county committee may provide that an election to elect trustees, pursuant to its recommendations under Section 5023, shall be held at the same time as is held the election to effect a change in trustee areas. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5025. Source version: id_5cc1c6b1-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. If an election is called or a resolution of the county committee approving a proposal to establish trustee areas is adopted, as applicable, pursuant to Section 5020, the county superintendent of schools having jurisdiction shall, as to each trustee area having more than its allotted number of representatives in the membership of the governing board for the next succeeding school year, determine by lot which of said representatives shall relinquish their offices either immediately upon the election and qualification of the governing board members who are elected as provided in Section 5024 or on the first day of April next succeeding the election or the adoption of the resolution, as applicable, establishing trustee areas in the district, whichever is the later. (Amended by Stats. 2021, Ch. 139, Sec. 5. (SB 442) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5026. Source version: id_cc3b34e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Members elected to fill vacancies created pursuant to Section 5025 shall serve out the unexpired term of the office that was terminated. The county committee shall designate by lot for each newly formed trustee area the expiring term of office for which a member shall be elected. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5027. Source version: id_026a7265-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Notwithstanding Section 5019, Section 5019.5, or Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code, whenever the boundaries of a county high school district are coterminous with the boundaries of a county, the board shall consist of one member from each supervisorial district in the county elected at large from the district, and the high school district shall not go through a redistricting process separate from the process for redistricting the county board of supervisors. (Amended by Stats. 2023, Ch. 343, Sec. 12. (AB 764) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5028. Source version: id_05d27c97-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. In every community college district that was divided into five trustee areas on or before September 7, 1955, one member of the board shall be elected from each trustee area by the registered voters of the trustee area. Following each federal decennial census, the governing board shall, by resolution, adopt boundaries for all of the trustee areas pursuant to Chapter 2 (commencing with Section 21100) of Division 21 of the Elections Code. (Amended by Stats. 2023, Ch. 343, Sec. 13. (AB 764) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5029. Source version: id_cc3cbb8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Notwithstanding Section 5028, when a community college trustee ward boundary line falls upon an election precinct boundary line, and the election precinct boundary line is changed pursuant to Chapter 3 (commencing with Section 12200) of Division 12 of the Elections Code, the governing board of the district shall, at least 120 days prior to any trustee election, change the ward boundary line to conform to precinct boundary lines, where possible. (Amended by Stats. 1994, Ch. 923, Sec. 12. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5030. Source version: id_cc3cbb91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Except as provided in Sections 5027 and 5028, in any school district or community college district having trustee areas, the county committee on school district organization and the registered voters of a district, pursuant to Sections 5019 and 5020, respectively, may at any time recommend one of the following alternate methods of electing governing board members: (a) That each member of the governing board be elected by the registered voters of the entire district. (b) That one or more members residing in each trustee area be elected by the registered voters of that particular trustee area. (c) That each governing board member be elected by the registered voters of the entire school district or community college district, but reside in the trustee area which he or she represents. The recommendation shall provide that any affected incumbent member shall serve out his or her term of office and that succeeding board members shall be nominated and elected in accordance with the method recommended by the county committee. Whenever trustee areas are established in a district, provision shall be made for one of the alternative methods of electing governing board members. In counties with a population of less than 25,000, the county committee on school district organization or the county board of education, if it has succeeded to the duties of the county committee, may at any time, by resolution, with respect to trustee areas established for any school district, other than a community college district, amend the provision required by this section without additional approval by the electors, to require one of the alternate methods for electing board members to be utilized. (Amended by Stats. 1992, Ch. 350, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5030.5. Source version: id_cc3cbb93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Notwithstanding any other provision of law, the members of the governing board in the Sweetwater Union High School District may be elected under a method, as approved pursuant to Section 5019, that would require all of the following: (a) That each membership position on the governing board be identified, by number or otherwise. (b) That each person seeking election to the governing board be required to declare his or her candidacy for only one of those identified membership positions. (c) That each of those identified membership positions on the governing board be filled by the election of registered voters of the entire district. (Added by Stats. 1990, Ch. 37, Sec. 1. Effective April 3, 1990.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5030.6. Source version: id_cc3cbb95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Notwithstanding any other provision of law, the members of the governing board of the Chula Vista Elementary School District may be elected under a method, as approved pursuant to Section 5019, that would require all of the following: (a) That each membership position on the governing board be identified, by number or otherwise. (b) That each person seeking election to the governing board be required to declare his or her candidacy for only one of those identified membership positions. (c) That each of those identified membership positions on the governing board be filled by an election that includes the registered voters of the entire district. (Added by Stats. 1994, Ch. 76, Sec. 1. Effective May 20, 1994.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5030.7. Source version: id_cc3e4237-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Notwithstanding any other provision of law, the members of the governing board of the Santee Elementary School District may be elected under a method, as approved pursuant to Section 5019, that would require all of the following: (a) That each membership position on the governing board be identified, by number or otherwise. (b) That each person seeking election to the governing board be required to declare his or her candidacy for only one of those identified membership positions. (c) That each of those identified membership positions on the governing board be filled by an election that includes the registered voters of the entire district. (Added by Stats. 1996, Ch. 48, Sec. 1. Effective May 15, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5031. Source version: id_cc3e4239-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. Whenever a school district or community college district is divided for governing board membership purposes into wards, supervisorial districts, or trustee areas, the county superintendent of schools shall prepare and keep in his or her office a map showing the boundaries of such subdivisions of all districts under his or her jurisdiction. Whenever a proposal to initiate a change in trustee area boundaries is submitted to a county committee on school district organization pursuant to Section 5019 by resolution of the governing board of a district, and the proposal is approved, the costs of preparing, developing, and duplicating the maps and legal descriptions shall be borne by the district. The county superintendent shall also prepare and keep in his or her office a record of all actions taken by the county committee on district organization in connection with trustee area boundaries. (Amended by Stats. 1982, Ch. 678, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 1. Elections [5000 - 5033] SECTION 5033. Source version: id_34ec5412-898b-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=1. A member of the governing board of a district wholly or partially included in a unified school district formed under the provisions of Chapter 4 (commencing with Section 35700) of Part 21 of Division 3 of Title 2 shall not be a member of the governing board of the unified school district unless elected to that governing board. (Amended by Stats. 2014, Ch. 327, Sec. 1. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 3. Vacancies [5090 - 5095] SECTION 5090. Source version: id_cc3e423f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=3. Vacancies on school district governing boards or community college district boards are caused by any of the events specified in Section 1770 of the Government Code, or by a failure to elect. A vacancy resulting from resignation occurs when the written resignation is filed with the county superintendent of schools having jurisdiction over the district, except where a deferred effective date is specified in the resignation so filed, in which case the resignation shall become effective on that date. A written resignation, whether specifying a deferred effective date or otherwise, shall, upon being filed with the county superintendent of schools be irrevocable. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 3. Vacancies [5090 - 5095] SECTION 5091. Source version: id_05016272-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=3. (a) (1) If a vacancy occurs, or if a resignation has been filed with the county superintendent of schools containing a deferred effective date, the school district or community college district governing board shall, within 60 days of the vacancy or the filing of the deferred resignation, either order an election or make a provisional appointment to fill the vacancy. A governing board member may not defer the effective date of the member’s resignation for more than 60 days after the member files the resignation with the county superintendent of schools. (2) In the event that a governing board fails to make a provisional appointment or order an election within the prescribed 60-day period as required by this section, the county superintendent of schools shall order an election to fill the vacancy. (b) When an election is ordered, it shall be held on the next established election date provided pursuant to Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code not less than 130 days after the order of the election. (c) (1) If a provisional appointment is made within the 60-day period, the registered voters of the district may, within 30 days from the date of the appointment, petition for the conduct of a special election to fill the vacancy. A petition shall be deemed to bear a sufficient number of signatures if signed by at least the number of registered voters of the district equal to 11/2 percent of the number of registered voters of the district at the time of the last regular election for governing board members, or 25 registered voters, whichever is greater. However, in districts with less than 2,000 registered voters, a petition shall be deemed to bear a sufficient number of signatures if signed by at least 5 percent of the number of registered voters of the district at the time of the last regular election for governing board members. (2) (A) The petition shall be submitted to the county superintendent of schools having jurisdiction who shall have 30 days to verify the signatures. If the petition is determined to be legally sufficient by the county superintendent of schools, the provisional appointment is terminated, and the county superintendent of schools shall order a special election to be conducted not less than 88, nor more than 125, days following the order of the election. (B) Notwithstanding subparagraph (A), the election may be conducted within 180 days after the issuance of the order so that the election may be consolidated with a regularly scheduled election. (3) For purposes of this section, “registered voters” means the following: (A) If the district uses the at-large method of election, as defined in subdivision (a) of Section 14026 of the Elections Code, registered voters of the entire school district or community college district. (B) If the district uses district-based elections, as defined in subdivision (b) of Section 14026 of the Elections Code, registered voters of the election district. (d) A provisional appointment made pursuant to subdivision (a) confers all powers and duties of a governing board member upon the appointee immediately following that appointment. (e) A person appointed to fill a vacancy shall hold office only until the next regularly scheduled election for district governing board members that is scheduled 130 or more days after the effective date of the vacancy, whereupon an election shall be held to fill the vacancy for the remainder of the unexpired term. A person elected at an election to fill the vacancy shall hold office for the remainder of the term in which the vacancy occurs or will occur. (f) (1) If a petition calling for a special election is circulated, the petition shall meet all of the following requirements: (A) The petition shall contain the election official’s estimate of the cost of conducting the special election and those estimated costs expressed on a per-pupil or per-student basis. (B) The name and residence address of at least one, but not more than five, of the proponents of the petition shall appear on the petition, each of which proponents shall be a registered voter of the school district or community college district, as applicable. (C) None of the text or other language of the petition shall appear in less than six-point type. (D) The petition shall be prepared and circulated in conformity with Sections 100 and 104 of the Elections Code. (2) If any of the requirements of this subdivision are not met as to any petition calling for a special election, the county superintendent of schools shall not verify the signatures, nor shall any further action be taken with respect to the petition. (3) No person shall permit the list of names on petitions prescribed by this section to be used for any purpose other than qualification of the petition for the purpose of holding an election pursuant to this section. (4) The petition filed with the county superintendent of schools shall be subject to the restrictions in Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code. (g) Elections held pursuant to subdivisions (b) and (c) shall be conducted in as nearly the same manner as practicable as other governing board member elections. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 60) by Stats. 2022, Ch. 831, Sec. 1. (SB 1061) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 3. Vacancies [5090 - 5095] SECTION 5092. Source version: id_0931d439-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=3. (a) If a provisional appointment is made to the governing board of a school district to fill a vacancy that occurs or will occur pursuant to Section 5091, the board shall, within 10 days of the provisional appointment, provide notice of both the actual vacancy or the filing of a deferred resignation and also the provisional appointment by all of the following methods: (1) Posting the notice in three public places in the school district. (2) Publishing the notice pursuant to Section 6061 of the Government Code. If there is no newspaper of general circulation published in the district, notice need not be published. (3) Posting the notice on the school district’s internet website. (b) The notice shall state all of the following: (1) The fact of the vacancy or resignation. (2) The date of the occurrence of the vacancy or the date of the filing of, and the effective date of, the resignation. (3) The full name of the provisional appointee to the board and the date of the provisional appointee’s appointment. (4) That unless a petition calling for a special election, containing a sufficient number of signatures, is filed in the office of county superintendent of schools within 30 days of the date of the provisional appointment, it shall become an effective appointment. (Amended by Stats. 2023, Ch. 68, Sec. 1. (AB 1326) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 3. Vacancies [5090 - 5095] SECTION 5093. Source version: id_cc414f85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=3. (a) There shall be no special election or appointment to fill a vacancy on a governing board if the vacancy occurs within four months of the end of the term of that position. (b) Section 5091 shall not apply to a vacancy on a governing board if the vacancy occurs, or a resignation specifying a deferred effective date is filed with the county superintendent of schools, during the period between six months and 130 days prior to a regularly scheduled governing board election and the position is not scheduled to be filled at such election. In such a case, the position shall be filled at a special election for that position to be consolidated with the regular election. A person elected to fill a position under this subdivision shall take office at the next regularly scheduled meeting of the governing board following the certification of the election and shall serve only until the end of the term of the position which he or she was elected to fill. (c) If a special election pursuant to Section 5091 could be consolidated with the next regular election for governing board members, and the vacant position is scheduled to be filled at such regular election, there shall be no special election. (Amended by Stats. 1984, Ch. 32, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 3. Vacancies [5090 - 5095] SECTION 5094. Source version: id_cc414f87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=3. If for any reason vacancies should occur in a majority of the offices on any school district or community college district governing board, the president of the county board of education having jurisdiction may appoint members of the county board of education to the district governing board until new members of the governing board are elected or appointed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 1. Election of School District Board Members [5000 - 5095] ARTICLE 3. Vacancies [5090 - 5095] SECTION 5095. Source version: id_cc414f89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=1.&article=3. Whenever any of the offices on any school district governing board or community college district governing board is vacant, the remaining governing board member or members, if any, and any governing board member or members elected or appointed to fill the vacancies, who have qualified, shall have all the powers and perform all the duties of the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5200. Source version: id_8aa8bb4e-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. Any unified school district that is coterminous with or includes within its boundaries a chartered city or city and county shall be governed by the board of education provided for in the charter of the city or city and county. Sections 5000, 5017, 5090, 5091, 35013, 35101, and 35105 shall not apply to such unified school districts, except as follows: (a) As provided in the charter of the city or city and county. (b) If the charter of the city or city and county fails to provide for a board of education or for any or all of the matters specified in Sections 5000, 5017, 5090, 5091, 5222, 35013, 35101, and 35105, those sections shall apply as to the matter not provided for in the charter. (Amended by Stats. 2010, Ch. 89, Sec. 4. (AB 2081) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5201. Source version: id_cc42d631-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. A school district, or community college district a portion of which is embraced within the limits of any city governed by a charter proposed and adopted as provided by Section 5 of Article XI of the California Constitution, may be subject to, controlled, and governed by the provisions of the charter relating to and providing for the management of public schools in the manner hereinafter in this article provided, upon approval of a majority of the electors of the districts voting at a regular biennial school district governing board member election. The governing board of any such district may, in the resolution specifying the order of any such regular governing board member election, require that the question of whether the district shall be governed by the provisions of the charter be submitted to the voters of the district. If the governing board so requires, the ballots used at the election shall contain the words “Shall the (name of district) be governed by the charter of the City of ____?” and the words “Yes” and “No” so placed that the voters may clearly indicate their choice in this connection. If it appears from the returns that a majority of the votes cast on the proposition is in favor of the proposal, then the county superintendent of schools having jurisdiction shall certify the result to the board of education provided for in the charter of the city. From and after the date of the certificate the district shall be governed by the provisions of the charter relating to the establishment, management, and control of the public schools, and all of the qualified electors residing in the district, whether residing within or without the boundaries of the city, shall be entitled to vote for members of the board of education at any election held for that purpose. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5202. Source version: id_cc42d633-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. If any school district or community college district or portion of any such district is embraced within the corporate limits of a city having a charter, and the electors of the district have participated in and voted at any school election held subsequent to the adoption of and under the provisions of the charter, they shall be deemed to have submitted to be governed in all matters relating to the management of public schools within the school district or high school district or community college district as fully and to all intents and purposes as though the electors of the district had by their votes elected to be governed by the provisions of the charter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5203. Source version: id_cc42d635-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. If the charter of any city provides for or has within two years prior to January 1, 1955, provided for a board of education of five members of a unified school district, and such charter has been or is hereafter amended so that it fails to provide for a board of education, a new board of education composed of five members is created under this section immediately upon the effective date of such amendment; the positions thereto shall be filled by appointment of the county superintendent of schools. The terms of the members first so appointed shall expire the first Friday in December of an odd-numbered year next following the effective date of such charter amendment, and an election shall be held for the members of such board at the time fixed by law for the regular election of members of governing boards of school districts, and the members so elected shall assume office on the first Friday in December following. If the effective date of such charter amendment is such that a legal election for board members cannot be held as aforesaid prior to the first day of December of an odd-numbered year next following such charter amendment, then the county superintendent of schools shall again appoint the members of such board who shall assume office on the first Friday in December as aforesaid. The terms of the board members who take office on the first Friday in December as aforesaid and thereafter shall be as follows: (a) If such members were elected, the three receiving the largest number of votes shall serve for four-year terms, and the remaining two members shall serve for two-year terms; and all subsequent members shall serve for four-year terms. (b) If such members were appointed, the county superintendent of schools, upon making the appointments, shall designate three members to serve for four-year terms, and two members to serve for two-year terms. Except as herein otherwise provided, the members of the board shall be elected at the last time fixed by law for the election of members of governing boards of school districts prior to the commencement of a new term of office. If a general municipal election is to be held within 60 days prior to the time when an election for board members would be held as aforesaid, the board of education may, by resolution filed with the governing body of such city at least 60 days prior to such municipal election, call the school district election to coincide with the municipal election and request the governing body of such city to consolidate such elections in that portion of the school district which lies within such city, and the governing body of such city shall order such elections to be consolidated and to be held as are consolidated elections under the provisions of the Elections Code relating to consolidated elections, in which event the school district shall simultaneously with the holding of such consolidated election conduct an election in any portion of the district not included within such municipality. In the event of the holding of such consolidated election, the school district shall reimburse the city for its proportionate share of the costs of conducting such consolidated election in an amount to be agreed upon between the governing bodies of such school district and such city. (Amended by Stats. 1990, Ch. 1161, Sec. 8. Effective September 21, 1990.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5203.6. Source version: id_cc445bd7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. If the Charter of the City of San Leandro is amended so that it no longer provides for a board of education of the San Leandro Unified School District, a new board of education composed of seven members is created under this section immediately upon the effective date of such amendment. The San Leandro Unified School District shall be divided into six trustee areas as had been provided in the Charter of the City of San Leandro, and the members thereof shall be elected in the same manner as provided in the Charter of the City of San Leandro, before the effective date of such amendment. The members of the board in office on the effective date of the charter amendments shall each continue in office until the first day of April, or until a successor qualifies therefor, in the year in which their respective term of office would otherwise have terminated. (Added by Stats. 1978, Ch. 734.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5204. Source version: id_cc445bd9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. Proceedings pursuant to Section 5203 may be conducted in conjunction with proceedings under Article 1 (commencing with Section 5000) of Chapter 1 of this part, including proceedings by the county committee on school district organization to establish trustee areas or to increase the number of members of the governing board of the school district or community college district from five to seven members, or both. In the event that the number of members of the governing board of the school district is so increased from five to seven members, the terms of office of the board members who take office at the expiration of the terms of office of the board members appointed by the county superintendent of schools shall be determined by lot. The terms of office of the majority of members of the board shall expire on the first Friday in December of the second succeeding odd-numbered year, and the terms of the other members shall expire on the first Friday in December of the first succeeding odd-numbered year. All subsequent members shall serve for four-year terms. (Amended by Stats. 1990, Ch. 1161, Sec. 9. Effective September 21, 1990.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5205. Source version: id_cc445bdb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. The governing board of any elementary school district having an average daily attendance of 1,000 or more pupils and an assessed valuation of twenty million dollars ($20,000,000) or more may, and upon petition signed by 25 percent of the heads of families resident in the district, shall order an election to determine whether or not, it shall have the rights, powers, and duties of a city board of education and whether or not the district shall for all purposes be deemed to be a district governed by a city board of education. If the governing board of the district consists of three members, there shall be elected at the election, to take office if the proposal for change in the rights, powers, and duties of the board is approved, two additional members to the board. If the change is approved by a majority of the qualified electors voting on the proposition at the election, the board shall have the rights, powers, and duties of a city board of education, and the district shall for all purposes be deemed to be a district governed by a city board of education. Also, if the change is so approved, the two additional board members shall take office, the one receiving the highest number of votes to serve until the first day of April following the second succeeding regular election at which board members are elected, and the one receiving the next highest number of votes to serve until the first of April following the next such regular election. Thereafter, the governing board of the district shall consist of five members elected in the manner prescribed for other school districts for terms of four years and until their successors are qualified, provided that vacancies shall be filled in the manner provided for unified school districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5206. Source version: id_cc445bdd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. Whenever a unified school district has within its boundaries a chartered city or a city with a population of more than 8,000 or whenever the average daily attendance of a unified school district is 1,500 or more, for all purposes the district shall be deemed a city school district governed by a city board of education and the governing board thereof shall be deemed a city board of education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5207. Source version: id_cc445bdf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. Notwithstanding the provisions of Section 5206, whenever the average daily attendance of a unified school district, which becomes effective for all purposes on or after July 1, 1966, is 2,000 or more, for all purposes the district shall be deemed a city school district governed by a city board of education and the governing board thereof shall be deemed a city board of education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 1. Districts Governed [5200 - 5208] SECTION 5208. Source version: id_cc45e281-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=1. When outside territory has been annexed to a city for school purposes, the outside territory shall be deemed to be a part of the city for all matters connected with the school department of the city, for the annual levying and collecting of the property tax for the school fund of the city, and for all purposes specified in Chapter 2 (commencing with Section 15100) of Part 10 of this division. The last assessment roll made by the county assessor shall be the only basis of taxation for the school district on the property outside the corporate limits annexed for school purposes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5220. Source version: id_cc45e285-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. Boards of education are elected in cities under the provisions of the laws governing the respective cities, except as otherwise provided in this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5221. Source version: id_cc45e287-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. Whenever the charter of a city comprising in whole or in part an elementary school district, fails to provide for the manner in which, the times at which, and the terms for which the members of the board of education of such city are appointed, and for the number which shall constitute such board, the governing board of the elementary school district within which the city is located or with which the city is coterminous is the board of education of the city. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5222. Source version: id_cc45e289-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. Except as provided in Section 5221, whenever the charter of any city fails to provide for the manner in which, the times at which, or the terms for which the members of the city board of education shall be elected or appointed, for their qualifications, removal, or for the number which shall constitute such board, the provisions of this division shall apply to the matter not provided for. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5223. Source version: id_cc45e28b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. The members of any elective city board of education shall be elected at large from the territory within the boundaries of the school district or districts which are under the jurisdiction of the city board of education, whether sitting as a board of education, high school board, or community college board, and any qualified elector of the territory shall be eligible to be a member of such city board of education. When outside territory has been annexed to a city for school purposes it shall be deemed a part of the city for the purpose of holding the general municipal election, and shall form one or more election precincts, as may be determined by the legislative authority of the city. The qualified electors of the annexed territory shall vote only for the board of education or the board of school trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5225. Source version: id_218a42a6-e413-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. Notwithstanding Section 5033, when a unified school district is formed pursuant to Chapter 4 (commencing with Section 35700) of Part 21 of Division 3 of Title 2, which includes a city school district having a city board of education as provided under former Section 5224 as it existed on January 1, 2017, the unified school district shall be governed by that city board of education, and the governing board members thereof shall continue in office for the remainder of their terms as elected pursuant to former Section 5224 as it existed on January 1, 2017. (Amended by Stats. 2017, Ch. 243, Sec. 3. (SB 628) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5227. Source version: id_cc476933-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. In those cases in which the boundaries of the school district, high school district, or community college district, governed by a city board of education, are not coterminous with the boundaries of the city, and where elections, either primary, general, or recall, of members of the board of education are by the provisions of the laws governing the cities held at times other than on the day of municipal elections, general or special, the cost and expense of the district elections shall be a legal charge against the funds of the district or districts governed by the board of education. The city shall be reimbursed by the district or districts for its actual cost and expense incurred in the conduct of the election or elections. The cost and expense of conducting the election in territory common to two or more districts shall be borne by the districts in equal shares. In territory within a single district the cost shall be borne by the district. In those cases in which the school district, high school district, or community college district is governed by a city board of education, and elections, either primary, general, or recall, of members of the board of education are by the provisions of the laws governing the cities held on the same day as municipal elections, general or special, a proportionate part of the actual cost and expense of the election shall be a legal charge against the school districts governed by the board of education. The city shall be reimbursed for the proportionate cost and expense incurred in the conduct of the election. The cost and expense of the elections within the boundaries of the city shall be apportioned between the city and the districts in the ratio that the total number of offices to be filled and propositions to be voted upon by the electors of the city and the school district or districts, respectively, bears to the total number of offices to be filled and propositions submitted. The cost and expense of the election in territory outside of the municipal boundaries shall be borne by the districts affected. As between the districts, costs and expense shall be apportioned as follows: In territory common to two or more districts the cost of conducting the election shall be borne in equal shares, and in territory within a single district the cost shall be borne by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5228. Source version: id_cc476935-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. An election for members of the governing board of a community college district which has been divided into wards as provided in Section 5227 may be held, at the discretion of the governing board, on the same date and in the same manner as the city election for any chartered city located within the boundaries of the community college district. Such election when held shall be conducted by the chartered city on behalf of the community college district with the expenses of the election within the boundaries of the city apportioned between the city and the school districts in the manner prescribed by Section 5227. Where a city charter does not specify a date for such elections, city boards of education may, by unanimous vote, determine that governing board member elections for that district shall be held on the date prescribed for the regular biennial school district governing board member elections, in which event the provisions of Chapter 3 (commencing with Section 5300) of this part relating to the consolidation of governing board member elections shall apply. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5229. Source version: id_6b9a7f2f-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. (a) (1) If a unified school district governed by a board of education of five members includes a chartered city, the charter of which provides for a board of education, the members of which are to be elected pursuant to this code and to hold office for the terms provided by this code, and three members of that board of education were elected to hold office for a term expiring during the school year commencing on the date the district was formed for all purposes, the office of three members of the board of education shall be filled at the first election of governing board members following the date of formation for all purposes. (2) The term of office of the three members elected pursuant to paragraph (1) shall be determined by lot. The term of one member shall expire on the first Friday in December of the first succeeding odd-numbered year following his or her election; and the terms of two members shall expire on the first Friday in December of the second succeeding odd-numbered year following their election. The persons elected to succeed the three members shall hold office for four years. (b) In a unified school district formed pursuant to Chapter 4 (commencing with Section 35700) of Part 21 of Division 3 of Title 2, which includes a chartered city, the governing board of the school district shall be the board of education of such city or city and county, provided that all qualified electors residing within the unified school district are eligible to vote at all elections held for the election of members of the city board of education and any elector residing in the district, or in a trustee area if the district is divided into trustee areas, is eligible to serve as a member of that board. (c) In the event a unified district includes a chartered city, the governing board of the unified school district shall consist of either five or seven members, and shall be elected at large or by trustee areas, as designated by the unification proposal, and any elector residing in the district, or in a trustee area if the district is divided into trustee areas, is eligible to serve as a member of the board. The first governing board of any such unified school district shall be elected in the manner prescribed by Section 35101, except where the charter of the included chartered city expressly provides for the election of the first governing board of a newly formed unified school district, in which case those provisions of the charter shall control the election of the governing board. (Amended by Stats. 2015, Ch. 386, Sec. 2. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5230. Source version: id_cc48efd9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. In the event a newly unified district includes a chartered city, the first governing board of the district shall be selected pursuant to Section 35101 or, in the event the charter of such city expressly provides for the calling and setting of the election of the first governing board of a newly unified school district, the charter shall apply. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 2. Boards of Education [5200 - 5231] ARTICLE 2. Elections [5220 - 5231] SECTION 5231. Source version: id_cc4a767b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=2.&article=2. Notwithstanding any other provision of law, when elections for school district governing board members in existing or newly formed school districts are conducted in conjunction with the municipal election of a chartered city on other than the first Tuesday after the first Monday in November, newly elected members, unless the charter provides otherwise, shall take office 37 days after the day of election; provided, however, if the charter of a city provides for a municipal nominating or primary election and a general municipal election, the newly elected members shall take office 37 days after the date fixed by the charter for the general municipal election. The terms of office of outgoing members shall expire on the day before such newly elected members take office. (Amended by Stats. 1979, Ch. 9.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 1. General Provisions [5300 - 5304] SECTION 5300. Source version: id_cc4bfd21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=1. School district elections and community college district elections shall be governed by the Elections Code, except as otherwise provided in this code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 1. General Provisions [5300 - 5304] SECTION 5301. Source version: id_cc4bfd23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=1. The provisions of this chapter shall apply to all district elections, except as otherwise provided by law, or as otherwise provided in the charter of any city or city and county in the matters concerning which the provisions of such charters are afforded controlling force and effect by the Constitution or laws of the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 1. General Provisions [5300 - 5304] SECTION 5302. Source version: id_cc4bfd25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=1. The duties of the county superintendent of schools having jurisdiction of a school district election or community college district election shall be: (a) To call elections when ordered under the provisions of this code. (b) To prepare recommendations, statements, or arguments for any election in which they are required, as provided in this code. (c) To receive petitions as authorized by this code. (Amended by Stats. 1977, Ch. 747.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 1. General Provisions [5300 - 5304] SECTION 5303. Source version: id_cc4bfd27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=1. The county elections official shall perform the duties incident to the preparation for, and holding of, all district elections. In districts situated in two or more counties, or in elections to organize or reorganize districts in territory situated in two or more counties, the county elections officials in the counties in which any part of the district territory is situated, shall, by mutual agreement, provide for the performance of those duties. (Amended by Stats. 2002, Ch. 221, Sec. 5. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 1. General Provisions [5300 - 5304] SECTION 5304. Source version: id_cc4bfd29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=1. The duties of the governing board of any school district or community college district with respect to school district elections shall be: (a) To order elections as authorized by this code. (b) To resolve tie votes in governing board member elections. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5320. Source version: id_cc4bfd2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. The act authorized by this code of any officer, board, county committee, group of electors, or any other persons or agencies which commences an election proceeding, and any mandatory provision of this code requiring that an election be held, is an “order of election.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5321. Source version: id_cc4d83cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. Whenever a valid and verified petition, authorized by this code and requesting that a board election be held in any school district or in territory contained in one or more school districts or community college district, is received by the officer or board designated by law to receive the petition, such petition shall be deemed an order for calling such election unless the officer or board is by law authorized to take some action upon the petition other than ordering the election requested in the petition. If an election is ordered, the county superintendent having jurisdiction shall prepare a resolution setting forth the specifications required in Section 5322 as preliminary procedure to the call of such election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5322. Source version: id_cc4d83d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. Whenever an election is ordered, the governing board of the district or the board or officer authorized by this code to make such designations shall, concurrently with or after the order of election but not less than 123 days prior to the date of the election in the case of an election for governing board members, or at least 88 days prior to the date of the election in the case of an election on a measure, including a bond measure, by resolution delivered to the county superintendent of schools and the officer conducting the election, or, in the case of an election on a measure, only to the officer conducting the election, specify the following, or such of the following as he or she or it may have authority to designate: (a) The date of the election. (b) The purpose of the election. The resolution or resolutions shall be known as “specifications of the election order” and shall set forth the authority for ordering the election, the authority for the specification of the election order, the signature of the officer or the clerk of the board by law authorized to make the designations therein contained, and, in the case of an election on a measure, the exact wording of the measure as it is to appear on the ballot. Pursuant to Section 13247 of the Elections Code, the statement of the measure to appear on the ballot shall not exceed 75 words. (Amended by Stats. 2000, Ch. 1081, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5323. Source version: id_cc4d83d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. The county superintendent having jurisdiction shall at least 130 days prior to the date of a governing board member election consolidated pursuant to Section 5340, notify the governing boards concerned of the order of consolidation of governing board elections under his or her jurisdiction. Such notice of consolidation shall be given in writing. (Amended by Stats. 1982, Ch. 428, Sec. 5.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5324. Source version: id_cc4d83d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. At least 120 days prior to the date of the election in the case of an election for governing board members, the county superintendent of schools shall deliver to the county elections official in the county where the election is to be held, copies of: (a) The order of election. (b) The formal notice of election. (Amended by Stats. 2002, Ch. 221, Sec. 6. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5325. Source version: id_cc4d83d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. Any school district election or community college district election, except a bond measure election, ordered to be held in accordance with this code shall be called by the county superintendent of schools having jurisdiction of the election by doing both of the following: (a) Posting or publication of notices of election. (b) Delivery of a copy of the formal notice of election to the county elections official at least 120 days prior to the date of the election in the case of an election for governing board members. (Amended by Stats. 2002, Ch. 221, Sec. 7. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5326. Source version: id_cc4d83d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. If, by 5:00 p.m. on the 83rd day prior to the day fixed for the governing board member election, only one person has been nominated for any elective office to be filled at that election, or no one has been nominated for the office, or in the case of members to be elected from the district at large, the number of candidates for governing board member at large does not exceed the number of offices to be filled at that election, or in the case of members to be nominated by trustee area and elected at large, the number of candidates do not exceed the number required to be elected governing board member at large nominated by that trustee area, or in the case of members to be elected at large in accordance with Sections 5030.5 , 5030.6, and 5030.7, no more than one person has been nominated for each membership position, and a petition signed by 10 percent of the voters or 50 voters, whichever is the smaller number, in the district or trustee area, if elected by trustee area, requesting that a school district election be held for the offices has not been presented to the officer conducting the election, appointment will be made as prescribed by Section 5328. The provisions of this section and Section 5328 shall also apply to elections for membership on a county board of education. (Amended by Stats. 1996, Ch. 48, Sec. 2. Effective May 15, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5328. Source version: id_cc4f0a7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. If pursuant to Section 5326 a district election is not held, the qualified person or persons nominated shall be seated at the organizational meeting of the board, or if no person has been nominated or if an insufficient number is nominated, the governing board shall appoint a qualified person or persons, as the case may be, at a meeting prior to the day fixed for the election, and such appointee or appointees shall be seated at the organizational meeting of the board as if elected at a district election. (Amended by Stats. 1978, Ch. 22.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5328.5. Source version: id_cc4f0a7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. If no one has been nominated to an office, prior to making an appointment to that office pursuant to Section 5328, the governing board shall cause to be published a notice once in a newspaper of general circulation published in the district or, if no such newspaper is published in the district, in a newspaper having general circulation in the district, stating that the board intends to make an appointment and informing persons of the procedure available for applying for the office. (Added by Stats. 1982, Ch. 428, Sec. 10.5.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 2. Order and Call of Elections [5320 - 5329] SECTION 5329. Source version: id_cc4f0a7f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=2. Whenever a candidate has filed a declaration of candidacy the name of the candidate shall be printed upon the ballot unless the candidate has died and that fact has been ascertained by the officer charged with the duty of printing the ballots at least 68 days before the election. (Amended by Stats. 1986, Ch. 866, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 3. Consolidation of Elections [5340 - 5345] SECTION 5340. Source version: id_cc4f0a83-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=3. School district governing board or community college district governing board member elections for two or more districts of any type to be held in the same district or area on the same day shall be consolidated so that a person entitled to vote in both or all of such elections may do so at the same time and place and using the same ballot. When a consolidated election is required by this section to be held, the basic unit for conducting the election shall be the elementary district. The county superintendent of schools having jurisdiction shall notify the governing boards of all school and community college districts in writing at least 130 days prior to the date of the election that a consolidated election is required to be held. (Amended by Stats. 1982, Ch. 428, Sec. 12.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 3. Consolidation of Elections [5340 - 5345] SECTION 5342. Source version: id_cc4f0a85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=3. Whenever any school district election or community college district election is scheduled to be held on the same day, in the same territory, or in territory that is in part the same, as an election or elections called to be held by any other district, city, county, or other political subdivision, the district election may be either completely or partially consolidated with the election or elections pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code. The consolidation may be effected by the officer conducting the election upon receipt of resolutions from two or more political subdivisions whose boundaries are totally or partially the same territory calling elections to be held on the same day if the resolutions are delivered to the officer conducting the election at least 88 days prior to the date of the election. (Amended by Stats. 1994, Ch. 923, Sec. 15. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 3. Consolidation of Elections [5340 - 5345] SECTION 5343. Source version: id_cc509127-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=3. If any school district election or community college district election is completely or partially consolidated with any other election, the notice of election need not set forth the precincts, place or places of holding the election, or the names of the officers appointed to conduct the election, but may instead state that the precincts, place or places of holding the elections and officers appointed to conduct the election shall be the same as those provided for such other election within the territory affected by the consolidation and set forth in the ordinance, order, resolution, or notice calling, providing for or giving notice of such other election, and reference shall be made to such ordinance, order, resolution, or notice by number and title or date of adoption, or by date or proposed date of publication and the name of the newspaper in which publication has been or will be made, or by any other definite description, except that no such reference need be made if the election is completely or partially consolidated with a statewide election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 3. Consolidation of Elections [5340 - 5345] SECTION 5344. Source version: id_cc509129-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=3. Within the territory affected by the order of consolidation the election precincts, polling places, voting booths and polling hours shall, in every case, be the same and there shall be only one set of election officers in each of the precincts. When the returns of elections consolidated pursuant to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code are required to be canvassed by different canvassing boards, the elections shall be conducted separately in the same manner as if they had not been consolidated, except as provided in this section. (Amended by Stats. 1994, Ch. 923, Sec. 16. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 3. Consolidation of Elections [5340 - 5345] SECTION 5345. Source version: id_cc50912b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=3. In the event of consolidation of any school district election or community college district election with any other election the provisions of law governing such other election with respect to the manner of marking ballots shall also apply to the district election consolidated therewith. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 4. Election Notice [5360 - 5363] SECTION 5360. Source version: id_cc5217cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=4. As used in this chapter “formal notice” means the notice of election which is required to be published and posted in public places, and “card notice” means the notice of election which is required to be mailed to the registered voters of the area in which the election is to be held. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 4. Election Notice [5360 - 5363] SECTION 5361. Source version: id_cc5217d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=4. The formal notice of election for any school district election or community college district election, except a bond measure election, shall be prepared by the county superintendent of schools and shall contain the following: (a) The date of the election. (b) The purpose of the election. (Amended by Stats. 1999, Ch. 667, Sec. 4. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 4. Election Notice [5360 - 5363] SECTION 5362. Source version: id_cc5217d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=4. As an alternative to publication by newspaper pursuant to Section 5363, publication of formal notice may be effected pursuant to this section. Not later than 90 days prior to the date of any school district or community college district election, except a bond measure election, the county superintendent of schools having jurisdiction shall cause to be posted the formal notice of the election in public view at all of the following: (a) Every schoolhouse in the territory, district or districts in which the election is to be held. (b) At three public places in the territory, district or districts. (Amended by Stats. 1999, Ch. 667, Sec. 4.5. Effective January 1, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 4. Election Notice [5360 - 5363] SECTION 5363. Source version: id_cc5217d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=4. Except where the procedure prescribed by Section 5362 is utilized, the elections official responsible for the conduct of a governing board member election shall cause formal notice of the election to be published pursuant to Section 12112 of the Elections Code. (Amended by Stats. 2000, Ch. 1081, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 5. Precinct Election Officers [5380- 5380.] SECTION 5380. Source version: id_cc539e79-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=5. Any election officer serving at any school district election or community college district election may be paid out of the funds of the district as compensation for his or her services as an election officer a sum determined by the county elections official and approved by the county board of supervisors, not to exceed the amount paid from the county treasury to officers of the preceding general election. In districts in which the polls are kept open less than 12 hours, the maximum compensation for election officers shall be the sum bearing the same relation to the amount paid to election officers of the last preceding general election as the number of hours the polls were open at the election bears to the number of hours the polls were open in the preceding general election. (Amended by Stats. 2002, Ch. 221, Sec. 8. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 6. Voters and Election Procedure [5390- 5390.] SECTION 5390. Source version: id_cc55251d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=6. In any school district or community college district election, the qualifications of voters, the procedure to be followed by voters and precinct board members in the polling places on election day, and the equipment and supplies to be furnished each polling place shall be governed by those provisions of the Elections Code applicable to statewide elections. (Repealed and added by Stats. 1978, Ch. 219.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 8. Cost of Elections [5420 - 5426] SECTION 5420. Source version: id_cc552521-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=8. The cost of any school district or community college district election may include, but need not be limited to: (a) Compensation of precinct election officers. (b) Publication of notices. (c) The cost of printing official ballots, sample ballots, indexes, arguments, statements, official notices, and card notices. (d) Mailing charges for card notices, arguments, recommendations, statements, and sample ballots. (e) Forms for rosters, tally sheets, certificates, envelopes, declaration of results forms, and legal forms required for bond elections. (f) Precinct maps. (g) The actual cost of supplies such as flags, ballot boxes, chairs and tables, booths, ink pads and stamps, and pencils; provided, that if any such can be borrowed from any state or county office, no charge for rental shall be included in the cost of elections. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 8. Cost of Elections [5420 - 5426] SECTION 5421. Source version: id_cc552523-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=8. The cost of any election held within a single district shall be borne by the entire district, and shall be paid out of its funds. Election costs shall be determined by the county elections official and approved by the county board of supervisors. (Amended by Stats. 2002, Ch. 221, Sec. 9. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 8. Cost of Elections [5420 - 5426] SECTION 5422. Source version: id_cc56abc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=8. The cost of elections, including consolidated elections, held in territory common to two or more districts shall be borne by the districts concerned in equal shares and paid from district funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 8. Cost of Elections [5420 - 5426] SECTION 5423. Source version: id_cc56abc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=8. The cost of consolidated governing board elections shall be paid by the county superintendent of schools having jurisdiction from the county school service fund, and the cost shall be prorated among the districts concerned to reimburse the fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 8. Cost of Elections [5420 - 5426] SECTION 5424. Source version: id_cc56abc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=8. The cost of any recall election shall be borne by the district in which the recall election is held and paid from district funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 8. Cost of Elections [5420 - 5426] SECTION 5425. Source version: id_cc56abcb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=8. The cost of the election for the formation of a community college district shall be paid from the county general fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 8. Cost of Elections [5420 - 5426] SECTION 5426. Source version: id_cc56abcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=8. The cost of any election held under the provisions of Article 8 (commencing with Section 4400) of Chapter 2 of Part 3 of this division, or Article 7 (commencing with Section 35690) of Chapter 3 of Part 21 of Division 3 of Title 2, or Article 3 (commencing with Section 74630) of Chapter 5 of Part 46 of Division 7 of Title 3, where the election is being held for the assumption of bonded indebtedness of the district to which the territory is being transferred or where the county board of supervisors requires an election to be held in the whole district from which the territory would be transferred, shall be paid from the county general fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 9. Miscellaneous Provisions [5440 - 5442] SECTION 5440. Source version: id_cc56abd1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=9. The provisions of Division 16 (commencing with Section 16000) of the Elections Code, relating to election contests shall apply to school district elections. (Amended by Stats. 1994, Ch. 923, Sec. 18. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 9. Miscellaneous Provisions [5440 - 5442] SECTION 5441. Source version: id_cc583273-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=9. The returns of any school district or community college district election received by the county elections official having jurisdiction shall, after the date of the declaration and certification of the final results of the election, be disposed of as follows: (a) The sealed envelope containing the voted ballots, including ballots rejected for improper markings, shall be kept by the county superintendent unopened and unaltered for six months. If a contest or criminal prosecution is not commenced within the six-months’ period as provided in Division 16 (commencing with Section 16000) of the Elections Code, he or she shall destroy the envelope, or have it destroyed, without its being opened or its contents examined. This paragraph also applies to absent ballots and identification envelopes. (b) The envelope containing spoiled, canceled, and defaced unused ballots shall remain unopened in the custody of the county superintendent and shall be held and disposed of as is the envelope provided for in paragraph (a) of this section. (c) The envelope containing the tally sheet, challenge sheet, challenge list, assisted voter list, and affidavits of election officers assisting voters, shall be disposed of in the same manner, but the contents of this envelope may be made available to voters for inspection at any time following commencement of the official canvass of votes. (Amended by Stats. 1994, Ch. 923, Sec. 19. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 4. ELECTIONS [5000 - 5442] CHAPTER 3. Conduct of Elections [5300 - 5442] ARTICLE 9. Miscellaneous Provisions [5440 - 5442] SECTION 5442. Source version: id_22a5af6e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=4.&chapter=3.&article=9. Recount of votes in any school district or community college district shall be governed by Chapter 9 (commencing with Section 15600) of Division 15 of the Elections Code. (Amended by Stats. 2006, Ch. 588, Sec. 3. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7000. Source version: id_cc5b3fbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. (a) Notwithstanding Article 1 (commencing with Section 53200) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code, a county superintendent of schools, a school district, or a community college district, which provides health and welfare benefits or dental care benefits for the benefit of its certificated employees, shall permit enrollment in, respectively, the health and welfare benefit plan or dental care benefit plan currently provided for its current certificated employees by any former certificated employee thereof who retired therefrom under any public retirement system and his or her spouse and by any surviving spouse of a former certificated employee thereof who either retired therefrom under any public retirement system or was, at the time of death, both employed thereby in a position requiring contributions to the State Teachers’ Retirement System and a member of the State Teachers’ Retirement System. This subdivision does not apply to either the new spouse upon the remarriage of a surviving spouse of a former certificated employee or the children of a certificated or former certificated employee. (b) A county superintendent of schools or district may develop an experience claims rating for the persons specified in subdivision (a) and may, if appropriate, require those persons to pay different rates as a class. Any plan pursuant to this article shall provide separate single and two-party rates for at least the following classes: for those under 65, for those over 65 who have Medicare A and B, and for those over 65 who do not have Medicare A. (c) The county superintendent of schools, school district, or community college district shall annually select a one-month period during which persons described by subdivision (a) may elect to enroll in, respectively, the health and welfare benefit plan or the dental care benefit plan or change their enrollment from one to another health and welfare plan or dental care benefit plan, respectively. (d) A certificated school employee who retired on or before August 24, 1986, the effective date of Chapter 561 of the Statutes of 1986, or the surviving spouse of a certificated employee retired as of August 25, 1986, shall be permitted to enroll in any district health and dental care plan during the 1986, 1987, and 1988 enrollment periods. (e) A certificated school employee who retires after August 24, 1986, the effective date of Chapter 561 of the Statutes of 1986, or the surviving spouse of a certificated employee retired as of August 25, 1986, shall be allowed to enroll in the coverage provided by this article within 30 days of losing active employee coverage, but if the retiree does not enroll in a district health or dental care plan during this initial enrollment period, the retiree may be denied further opportunity to do so. The enrollment period for retirees under this subdivision shall correspond to that provided to active employees, unless a district chooses to offer an additional enrollment period. (f) This article shall permit enrollment into any district health and dental care plan only once. A retiree or spouse or surviving spouse of a certificated employee who has been previously covered under this article and who has voluntarily terminated that coverage, thereafter may be excluded from obtaining coverage under this article. This subdivision does not apply to a person who is changing plans within a district during an open enrollment period. (g) Retirees or surviving spouses of certificated employees may be enrolled in a medical care plan pursuant to this section during periods other than those specified therein if they lose their coverage. With documentation of prior coverage, they may be allowed to enroll in a medical care plan, if they do so within 31 days of losing their other coverage. (h) Any person described by subdivision (a) who elects, pursuant to this article, to be covered by, respectively, a health and welfare benefit plan or dental care benefit plan, may be required to pay all premiums, dues, and other charges, including any increases in the rate of premiums or dues for these persons, and all costs incurred by the district or county superintendent of schools in administering this article. (Amended by Stats. 1990, Ch. 1372, Sec. 42.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7000.3. Source version: id_cc5b3fbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. Enrollment in Medicare A shall not be a prerequisite for enrollment in any district health plan pursuant to this article. However, the purchase of Medicare B may be required for enrollment if the participant qualifies to purchase it. In addition, a district health plan may be restructured to pay benefits as if each participant is enrolled in Medicare B as soon as the participant qualifies to purchase Medicare B. A health plan may condition eligibility for enrollment on the effective assignment of any Medicare benefits for which the enrollee would be eligible. (Added by Stats. 1986, Ch. 561, Sec. 3. Effective August 25, 1986.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7000.5. Source version: id_cc5b3fc1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. (a) Any health benefits plan provided by any county superintendent of schools, school district, or community college district pursuant to this article may contain a preexisting condition exclusion, as follows: (1) The coverage of any person who has a break in coverage, may, for the first three months after reenrollment, exclude any care received for a condition which is caused by, or results from, a condition existing at the time of reenrollment or for which the person received medical advice or treatment during the six-month period immediately preceding reenrollment. (2) Coverage of any person who is confined to a hospital or his or her home for medical treatment at the time of enrollment in a health plan pursuant to this section shall exclude any benefits until the period commencing on the 15th day following the termination of that confinement. (b) This section does not apply to any entity which provides a health benefits plan which contains a preexisting condition exclusion. (c) This section does not apply to any changes in enrollment by a person currently enrolled in a school district’s health benefits plan or due to any change in enrollment or coverage caused by the retirement of a person. (Added by Stats. 1986, Ch. 561, Sec. 4. Effective August 25, 1986.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7002.5. Source version: id_238a1c00-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. (a) This article does not create a vested retirement right in health and dental care benefits. (b) The individual districts, the county office, a health plan, an entity providing or arranging a health plan, and the State Teachers’ Retirement System do not have any legal duty to contact retired teachers or surviving spouses of certificated employees with regard to this article. (Amended by Stats. 2006, Ch. 538, Sec. 86. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7003. Source version: id_cc5b3fc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. (a) Nothing in this article shall be construed as requiring or permitting the impairment of any contract, board rule, or regulation affecting retired certificated personnel, in existence on the effective date of this article. (b) Nothing in this article is intended to reduce or conflict with any benefit provided in the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (Public Law 99-272). (c) Nothing in this article mandates the provision of life insurance or vision care. (Amended by Stats. 1986, Ch. 561, Sec. 7. Effective August 25, 1986.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7004. Source version: id_cc5cc667-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. As used in this article: (a) “Certificated employee” means a member, as defined by Section 22146, of the State Teachers’ Retirement System. (b) “School district” means that district from which the member of the State Teachers’ Retirement System last made contributions to the system before retirement. (c) “Spouse” means a spouse as defined by Section 22171. (Amended by Stats. 2004, Ch. 896, Sec. 5. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7005. Source version: id_cc5cc669-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. This article does not apply to persons receiving benefits pursuant to the Public Employees’ Medical and Hospital Care Act (Chapter 1 (commencing with Section 22750) of Part 5 of Division 5 of Title 2 of the Government Code) and to the employers on which their benefits are based. For purposes of this section, “employer” means a county superintendent of schools, a school district, or a community college district irrespective of whether employees may be represented by different bargaining groups. Notwithstanding any other provision of this part, this article does not apply to employers for those groups of employees for whom coverage under the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code) is provided by contract. (Amended by Stats. 2004, Ch. 69, Sec. 1. Effective June 24, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7007. Source version: id_cc5cc66b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. (a) Any qualified organization, as defined in subdivision (b), in cooperation with the Public Employees’ Retirement System, may develop a health benefits plan which would be available to persons who are members of those organizations, with equal premiums for both active and retired teachers. The plan would be available, on an optional basis, to each school district, county board of education, and a county superintendent of schools which becomes a contracting agency with the Public Employees’ Retirement System pursuant to Section 22857 of the Government Code. (b) “Qualified organization” means an exclusive representative of the certificated or classified employees, as defined by Section 3540.1 of the Government Code, or any organization with a membership of at least 1,000 members who are retirees of the State Teachers’ Retirement System, or any organization with a membership of at least 1,000 members who are faculty members in the California Community Colleges. (c) This section shall not apply to any contracting agency unless and until the agency elects to be subject to this section pursuant to Section 22857 of the Government Code. (Amended by Stats. 2004, Ch. 896, Sec. 6. Effective September 29, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 1. Health and Welfare Benefits [7000 - 7008] SECTION 7008. Source version: id_cc5cc66d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=1. (a) Notwithstanding any other provision of law, a member of the Defined Benefit Program of the State Teachers’ Retirement Plan who is disabled as a result of an injury that is a direct consequence of a violent act perpetrated on his or her person while performing duties in the scope of employment, and the employment is creditable under the provisions of the Teachers’ Retirement Law (Part 13 (commencing with Section 22000)), may, upon qualifying for a disability under Section 24001 and while receiving an allowance under Section 24002, continue in the district’s health care plan and dental care plan by paying all of the employer’s and employee’s premiums and all of the related administrative costs of the employer. (b) Notwithstanding any other provision of law, a school member as defined in Section 20370 of the Government Code, or a local police officer as defined in Section 20430 of the Government Code, who is disabled as a result of an injury that is a direct consequence of a violent act perpetrated on his or her person while performing duties in the scope of employment, and the employment is creditable under the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code), may, upon qualifying for a disability and while receiving an allowance under Chapter 12 (commencing with Section 21060) of Part 3 of Division 5 of Title 2 of the Government Code, continue in the employer’s health care plan and dental care plan by paying all of the employer’s and employee’s premiums and all of the related administrative costs of the employer. (c) Subdivisions (a) and (b) do not apply to any member who is employed by a school district that contracts with the Public Employees’ Retirement System for health care coverage under the Public Employees’ Medical and Health Care Act, (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code). (Amended by Stats. 2004, Ch. 69, Sec. 2. Effective June 24, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7050. Source version: id_cc5e4d11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. The Legislature finds that political activities of school employees are of significant statewide concern. The provisions of this article shall supersede all provisions on this subject in any city, county, or city and county charter as well as in the general law of this state. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7051. Source version: id_cc5e4d13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. This article applies to all officers and employees of a local agency. “Local agency” means a county superintendent of schools, an elementary, high, or unified school district, or a community college district. Officers and employees of a given local agency include officers and employees of any other local agency whose principal duties consist of providing services to the given local agency. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7052. Source version: id_cc5e4d15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. Except as otherwise provided in this article, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no restriction shall be placed on the political activities of any officer or employee of a local agency. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7053. Source version: id_cc5e4d17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. No one who holds, or who is seeking election or appointment to, any office or employment in a local agency shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any person, or to aid or obstruct any person in securing, or to prevent any person from securing, any position, nomination, confirmation, promotion, change in compensation or position, within the local agency upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. The prohibitions of this section shall apply to either urging or discouraging any political action of an employee. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7054. Source version: id_599e8d5a-6191-11e0-8037-955a394cd808 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. (a) No school district or community college district funds, services, supplies, or equipment shall be used for the purpose of urging the support or defeat of any ballot measure or candidate, including, but not limited to, any candidate for election to the governing board of the district. (b) Nothing in this section shall prohibit the use of any of the public resources described in subdivision (a) to provide information to the public about the possible effects of any bond issue or other ballot measure if both of the following conditions are met: (1) The informational activities are otherwise authorized by the Constitution or laws of this state. (2) The information provided constitutes a fair and impartial presentation of relevant facts to aid the electorate in reaching an informed judgment regarding the bond issue or ballot measure. (c) A violation of this section shall be a misdemeanor or felony punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding one thousand dollars ($1,000), or by both, or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years. (Amended by Stats. 2011, Ch. 15, Sec. 56. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7054.1. Source version: id_cc5e4d1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. Nothing in this article shall be construed as prohibiting any administrative officer or board member of a school district or community college district from appearing at any time before a citizens’ group that requests the appearance of the officer or board member for purposes of discussing the reasons why the governing board of the district called an election to submit to the voters of the district a proposition for the issuance of bonds and for purposes of responding to inquiries from the citizens’ group. (Added by Stats. 1995, Ch. 879, Sec. 3. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7055. Source version: id_cc615a5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. The governing body of each local agency may establish rules and regulations on the following: (a) Officers and employees engaging in political activity during working hours. (b) Political activities on the premises of the local agency. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7056. Source version: id_cc615a5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. (a) Nothing in this article prevents an officer or employee of a local agency from soliciting or receiving political funds or contributions to promote the support or defeat a ballot measure that would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of officers or employees of the local agency. These activities are prohibited during working hours. In addition, entry into buildings and grounds under the control of a local agency for such purposes during working hours is also prohibited. (b) Nothing in this section shall be construed to prohibit any recognized employee organization or its officers, agents, and representatives from soliciting or receiving political funds or contributions from employee members to promote the support or defeat of any ballot measure on school district property or community college district property during nonworking time. As used in this subdivision, “nonworking time” means time outside an employee’s working hours, whether before or after school or during the employee’s luncheon period or other scheduled work intermittency during the schoolday. (Amended by Stats. 1995, Ch. 879, Sec. 4. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7057. Source version: id_cc615a61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. No person who is in the classified service or who is upon any eligibility list shall be appointed, demoted, or removed, or in any way discriminated against because of his political acts, opinions, or affiliations. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 5. PUBLIC SCHOOL PERSONNEL [7000 - 7058] CHAPTER 1. Personnel General Provisions [7000 - 7058] ARTICLE 2. Political Activities of School Officers and Employees [7050 - 7058] SECTION 7058. Source version: id_cc62e103-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=5.&chapter=1.&article=2. Nothing in this article shall prohibit the use of a forum under the control of the governing board of a school district or community college district if the forum is made available to all sides on an equitable basis. (Added by Stats. 1995, Ch. 879, Sec. 5. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 1. Career Technical Education Staff and Reports [8006 - 8008] SECTION 8006. Source version: id_cc6467ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=1. (a) There is, in the State Department of Education a career technical education staff responsible for the design, implementation, and maintenance of a basic integrated statewide information system for career technical education and technical training. The Board of Governors of the California Community Colleges shall collect and maintain information related to career technical education and technical training within the California Community Colleges for inclusion within the integrated statewide information system. (b) The data gathering and analysis capabilities of the system described in subdivision (a) shall include, but not be limited to, maintaining comprehensive inventory of all programs of all career technical education and technical training programs which are maintained by the public schools. (Amended by Stats. 2000, Ch. 1058, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 1. Career Technical Education Staff and Reports [8006 - 8008] SECTION 8008. Source version: id_cc6467af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=1. The system provided for in Section 8006, within the State Department of Education, shall be designed, implemented, and maintained in accordance with Chapter 7 (commencing with Section 10600) of Part 7. (Amended by Stats. 1990, Ch. 1372, Sec. 48.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 3. Local Advisory Committees [8070- 8070.] SECTION 8070. Source version: id_cc65ee53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=3. The governing board of each school district participating in a career technical education program shall appoint a career technical education advisory committee to develop recommendations on the program and to provide liaison between the district and potential employers. The committee shall consist of one or more representatives of the general public knowledgeable about the disadvantaged, students, teachers, business, industry, school administration, and the field office of the Department of Employment Development. (Amended by Stats. 2000, Ch. 1058, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 5. Career Technical Education Contracts [8090 - 8093] SECTION 8090. Source version: id_cc6774ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=5. Any state agency, including but not limited to school districts, and any community organization organized pursuant to the Economic Opportunity Act of 1964 (P.L. 452, 88th Congress (78 Stat. 508)) or any other similar training or retraining program authorized by the federal or state governments, may enter into contracts with private business, trade and technical schools to provide training and retraining programs when such private business, trade and technical schools have facilities available to provide such training and retraining. The attendance of pupils in courses of a private school pursuant to a contract authorized by this section shall not be counted for reporting to the Department of Education for the purpose of receiving apportionments from the State School Fund unless such contract also meets the requirements of Section 8092. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 5. Career Technical Education Contracts [8090 - 8093] SECTION 8091. Source version: id_cc677501-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=5. Any state agency, including but not limited to local school districts, community college districts and any community organization organized pursuant to the Economic Opportunity Act of 1964 (Public Law 452, 88th Congress (78 Stat. 508)) or any other similar training or retraining program authorized by the federal or state governments, may use any federal, state, local, or private funds to provide training or retraining programs operated by private business, trade and technical schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 5. Career Technical Education Contracts [8090 - 8093] SECTION 8092. Source version: id_04a0adf6-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=5. (a) A school district or districts, a county superintendent or superintendents, or the governing body of any agency maintaining a regional occupational center or program may contract with a private postsecondary school that is authorized or approved pursuant to Chapter 3 (commencing with Section 94300) of Part 59 and that has been in operation not less than two full calendar years prior to the effective date of the contract, to provide career technical skill training authorized by this code. A school district, community college district, or county superintendent of schools may contract with an activity center, work activity center, or sheltered workshop to provide career technical skill training authorized by this code in an adult education program for adults with disabilities operated pursuant to subdivision (a) of Section 41976. (b) A contract between a public entity and a private postsecondary school entered into pursuant to this section, or an activity center, work activity center, or sheltered workshop, shall do all of the following: (1) Provide that the amount contracted for per student shall not exceed the total direct and indirect costs to provide the same training in the public schools or the tuition the private postsecondary school charges its private students, whichever is lower. (2) Provide that the public school receiving training in a private postsecondary school, or an activity center, work activity center, or sheltered workshop pursuant to that contract may not be charged additional tuition for any training included in the contract. The attendance of those students pursuant to a contract authorized by this section shall be credited to the public entity for the purposes of apportionments from the State School Fund. (3) Provide that all programs, courses, and classes of instruction shall meet the standards set forth in the California State Plan for Career Technical Education, or is a course of study for adult schools approved by the department under Section 51056. (c) The students who attend a private postsecondary school or an activity center, work activity center, or sheltered workshop pursuant to a contract under this section shall be enrollees of the public entity and the career technical instruction provided pursuant to that contract shall be under the exclusive control and management of the governing body of the contracting public entity. (d) The Department of Finance and the State Department of Education may audit the accounts of both the public entity and the private party involved in these contracts to the extent necessary to ensure the integrity of the public funds involved. (Amended by Stats. 2005, Ch. 677, Sec. 4. Effective October 7, 2005.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 5. Career Technical Education Contracts [8090 - 8093] SECTION 8092.5. Source version: id_cc677505-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=5. (a) A community college district may contract with a public or private postsecondary educational institution in a neighboring state that borders on the district boundary to provide career technical skill training for district students authorized by this code. The contracts shall meet the requirements of Section 8092 and shall meet the general intent of Chapter 7 (commencing with Section 94700) of Part 59. (b) This section shall become operative on January 1, 1997. (Amended by Stats. 2000, Ch. 1058, Sec. 6. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 5. Career Technical Education Contracts [8090 - 8093] SECTION 8093. Source version: id_cc677507-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=5. The provisions of Article 3 (commencing with Section 39140) of Chapter 2 of Part 23 of Division 3 of Title 2, or Article 7 (commencing with Section 81130) of Chapter 1 of Part 49 of Division 7 of Title 3 shall not apply to any building which is used by a private postsecondary school for purposes of providing career technical skill training for pupils pursuant to a contract under Section 8092 entered into by a public school entity and a private educational institution; provided that all of the following requirements are met: (a) The building is not owned, leased, rented, or being purchased by, nor situated on property owned or being purchased by, a public school entity. (b) The only public school purpose for which that building is used is pursuant to a contract entered into pursuant to Section 8092. (c) The building is not reconstructed, altered, or added to by a public school entity at a cost exceeding ten thousand dollars ($10,000). (Amended by Stats. 2000, Ch. 1058, Sec. 7. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 6. Approval of Courses [8100- 8100.] SECTION 8100. Source version: id_cc68fbab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=6. The Superintendent of Public Instruction shall approve courses of career technical training for the purposes of loans authorized by Section 7185 of the Financial Code. (Amended by Stats. 2000, Ch. 1058, Sec. 8. Effective January 1, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 8. Apprenticeship Education [8150 - 8155] SECTION 8150. Source version: id_e012c56f-e388-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=8. (a) The Chancellor of the California Community Colleges shall be responsible for allocating funds for apprenticeship programs in good standing and approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code for the secondary education system. (b) Upon an appropriation by the Legislature, the Chancellor of the California Community Colleges shall allocate funds solely for the purposes of this article consistent with the subdivision (e) of Section 8152. (c) For purposes of this article, a “local educational agency” is defined as a school district or a county office of education. (Amended by Stats. 2013, Ch. 48, Sec. 1. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 8. Apprenticeship Education [8150 - 8155] SECTION 8150.5. Source version: id_5ae0a309-2f7f-11e3-a1bf-e0a3fa6e661b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=8. Attendance of apprentices enrolled in any class maintained by a local educational agency, pursuant to Section 3074 of the Labor Code, shall be reimbursed pursuant to Section 8152 only if reported separately to the Chancellor of the California Community Colleges. Attendance reported pursuant to this section shall be used only for purposes of calculating allowances pursuant to Section 8152. (Amended by Stats. 2013, Ch. 357, Sec. 8. (SB 97) Effective September 26, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 8. Apprenticeship Education [8150 - 8155] SECTION 8151. Source version: id_06356098-c1b6-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=8. An apprentice or preapprentice attending a local educational agency in classes of instruction pursuant to approved standards, as provided under Section 3074 of the Labor Code and in accordance with the requirements of subdivision (d) of Section 3078 of the Labor Code, or as authorized under Section 3100 of the Labor Code, shall be exempt from the requirements of any interdistrict attendance agreement for those classes. (Amended by Stats. 2018, Ch. 704, Sec. 1. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 8. Apprenticeship Education [8150 - 8155] SECTION 8152. Source version: id_231c074c-817b-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=8. (a) The reimbursement rate for related and supplemental instruction reimbursed pursuant to this article shall be established in the annual Budget Act and the rate shall be commonly applied to all providers of instruction specified in subdivision (d). (b) For purposes of this section, each hour of teaching time may include up to 10 minutes of passing time and breaks. (c) This section also applies to isolated apprentices, as defined in Section 3074 of the Labor Code, for which alternative methods of instruction are provided. (d) The Chancellor of the California Community Colleges shall make the reimbursements specified in this section for teaching time provided by local educational agencies. (e) The hours for related and supplemental instruction derived from funds appropriated pursuant to subdivision (b) of Section 8150 shall be allocated by the Chancellor of the California Community Colleges directly to participating local educational agencies that contract with apprenticeship programs pursuant to subdivision (f). (f) Reimbursements may be made under this section for related and supplemental instruction provided to indentured apprentices only if the instruction is provided by a program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations in accordance with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (g) The initial allocation of hours made pursuant to subdivision (e) for related and supplemental instruction at the beginning of a fiscal year, when multiplied by the hourly reimbursement rate, shall equal 100 percent of the total appropriation for apprenticeships. The Chancellor of the California Community Colleges shall notify participating local educational agencies of the initial allocation within 30 days of the enactment of the annual Budget Act. (h) (1) If funds remain from the appropriation pursuant to subdivision (b) of Section 8150, the Chancellor of the California Community Colleges shall reimburse local educational agencies for unfunded related and supplemental instruction hours from any of the three previous fiscal years, in the following order: (A) Reported related and supplemental instruction hours, as described in subdivision (b) of Section 8154, that were paid at a rate less than the hourly rate specified in the Budget Act. (B) Reported related and supplemental instruction hours that were not reimbursed. (2) The Chancellor of the California Community Colleges shall notify the California Apprenticeship Council of any reimbursements made pursuant to paragraph (1). (i) The Chancellor of the California Community Colleges shall report to the California Apprenticeship Council within 30 days of each apportionment period the following information for each participating local educational agency: (1) The number of related and supplemental instruction hours allocated to the local educational agency. (2) The number of related and supplemental instruction hours reported by the local educational agency. (3) At the final or recalculation apportionment, the hourly rate paid for related and supplemental instruction hours reported above the local educational agency’s initial allocation of hours for related and supplemental instruction. (Amended by Stats. 2018, Ch. 33, Sec. 1. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 8. Apprenticeship Education [8150 - 8155] SECTION 8152.5. Source version: id_582b0571-61a2-11e7-8adc-8aa4aa845353 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=8. The Controller shall include instructions necessary to enforce this article in the audit guide required by Section 14502.1. The instructions shall include, but not necessarily be limited to, procedures for verifying if the hours for related and supplemental instruction reported to each local educational agency by a participating apprenticeship program sponsor, pursuant to Section 8152, are eligible for reimbursement pursuant to Section 8152. The Chancellor of the California Community Colleges shall be responsible for ensuring that local educational agencies have corrected any audit exceptions. (Added by Stats. 2017, Ch. 23, Sec. 1. (SB 85) Effective June 27, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 8. Apprenticeship Education [8150 - 8155] SECTION 8153.5. Source version: id_ed071dd5-e388-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=8. For purposes of the California Firefighter Joint Apprenticeship Program, classes of related and supplemental instruction that qualify for funding pursuant to Section 8152 include, but are not limited to, classes that meet both of the following requirements: (a) The classes are conducted at the workplace. (b) The person providing instruction is qualified, by means of education or experience, as a journeyman and shares the responsibility for supervision of the apprentices participating in the classes with the certified community college or adult education coordinator. (Amended by Stats. 2013, Ch. 48, Sec. 5. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 8. Apprenticeship Education [8150 - 8155] SECTION 8154. Source version: id_3c2b961e-817b-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=8. (a) The Chancellor of the California Community Colleges, in consultation with the Division of Apprenticeship Standards of the Department of Industrial Relations, the California Apprenticeship Council, and the Superintendent, shall annually review the amount of state funding necessary to provide the reimbursements specified in Section 8152, and shall include an estimate of required funds in its budget for each fiscal year. (b) If the amounts appropriated in any fiscal year are insufficient to provide full reimbursement, the hourly rate specified pursuant to Section 8152 shall be reduced on a pro rata basis only for reported hours that are in excess of the number of hours allocated at the beginning of the fiscal year so that the entire appropriation is allocated. (c) If the amount appropriated is in excess of the amounts needed for full reimbursement pursuant to subdivision (h) of Section 8152, any excess shall be allocated to local educational agencies to be used for the purpose of the state general apportionment. (Amended by Stats. 2018, Ch. 33, Sec. 2. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 1. Career Technical Education [8006 - 8155] ARTICLE 8. Apprenticeship Education [8150 - 8155] SECTION 8155. Source version: id_577f577a-898b-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=1.&article=8. (a) The Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, in consultation with the Superintendent, shall jointly develop a model format for agreements between apprenticeship programs and local educational agencies for instruction pursuant to Section 3074 of the Labor Code. (b) By March 14, 2014, the Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, with equal participation by local educational agencies and community college apprenticeship administrators, shall develop common administrative practices and treatment of costs and services, as well as other policies related to apprenticeship programs. Any policies developed pursuant to this subdivision shall become operative upon approval by the California Apprenticeship Council. (c) Apprenticeship programs offered through local educational agencies may maintain their existing curriculum and instructors separate from the requirements of the California Community Colleges. The person providing instruction may be a qualified journeyperson with experience and knowledge of the trade. (Amended by Stats. 2014, Ch. 71, Sec. 29. (SB 1304) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 1. Nutrition Education [8990 - 8997] SECTION 8990. Source version: id_cd3a550f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=1. The Legislature encourages nutritional education instructional activities that comply with all of the following: (a) They emphasize the appealing aspects of healthy eating. (b) They are participatory, developmentally appropriate, and enjoyable. (c) They engage families as partners in their children’s education. (d) They encourage teachers responsible for nutrition education, who have received nutrition instruction during their credentialing program, to be adequately prepared and regularly participate in professional development activities to effectively deliver the nutrition education program as planned. Preparation and professional development activities should provide basic knowledge of nutrition, combined with skill practice in program-specific activities and instructional techniques and strategies designed to promote healthy eating habits. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 1. Nutrition Education [8990 - 8997] SECTION 8993. Source version: id_cd3a5511-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=1. The Legislature encourages school instructional staff to do the following: (a) Be informed about the negative consequences of using food as a reward and of withholding food from pupils as punishment. (b) The need to closely coordinate with the food service program and other components of the school health program in order to integrate nutrition concepts into the instruction of other subject areas. (c) Cooperate with other agencies and community groups to provide opportunities for pupil volunteer work related to nutrition, such as assisting with food recovery efforts and preparing nutritious meals for house-bound people. (d) Collaborate with agencies and groups conducting nutrition education in the community to send consistent messages to pupils and their families. Guest speakers invited to address pupils shall receive appropriate orientation to the relevant policies of the district. (e) Disseminate information to parents, guardians, pupils, and staff about community programs that offer nutrition assistance to families. (f) Model healthy eating behaviors. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 1. Nutrition Education [8990 - 8997] SECTION 8995. Source version: id_cd3a5513-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=1. The Legislature encourages school administrations to do the following: (a) Offer wellness programs that include personalized instruction about healthy eating and physical activity. (b) Ensure that the nutrition services, health services, and social services children need in order to learn are provided at the schoolsite or in cooperation with other community agencies. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 1. Nutrition Education [8990 - 8997] SECTION 8996. Source version: id_cd3a5515-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=1. As used in this article the following terms have the following meanings: (a) “Dietary Guidelines for Americans” means the current set of recommendations of the federal government that are designed to help people choose diets that will meet nutrient requirements, promote health, support active lives, and reduce chronic disease risks. (b) “Nutrition education” means a planned sequential instructional program that provides knowledge and teaches skills to help pupils adopt and maintain lifelong, healthy eating patterns. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 1. Nutrition Education [8990 - 8997] SECTION 8997. Source version: id_ebf3c060-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=1. This chapter shall become operative on July 1, 2004. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Note: This section prescribes a delayed operative date (July 1, 2004) for Chapter 10, commencing with Section 8990.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 2. Garden Programs [9000 - 9004] SECTION 9000. Source version: id_cd3bdbbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=2. The Legislature intends to expand the number of educational gardens and garden salad bars in California public schools by offering startup or expansion grants, implementing garden-enhanced nutrition education, and training and resources to the grantees. For those purposes, the school gardens program is hereby established. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 2. Garden Programs [9000 - 9004] SECTION 9001. Source version: id_cd3bdbbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=2. The State Department of Education shall establish, develop, and implement the instructional school garden program to make competitive grants available for school districts and county offices of education. Schools may incorporate one of the following into the nutrition education program proposal: (a) An instructional school garden if a garden does not already exist on the site. (b) A school garden salad bar with a compost program if an instructional garden already exists onsite. (c) An instructional school garden if an instructional garden does not already exist on the schoolsite and a school garden salad bar with a compost program. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 2. Garden Programs [9000 - 9004] SECTION 9002. Source version: id_cd3bdbbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=2. The State Department of Education shall distribute the grants pursuant to subdivision (a) or (b), in consultation with education, nutrition, and agricultural experts, at the applicant’s election, as follows: (a) A maximum of one thousand dollars ($1,000) to each school that establishes instructional school gardens and an additional five hundred dollars ($500) as a workshop travel stipend to each school district that receives a grant. (b) A maximum of two thousand dollars ($2,000), available on a competitive basis as determined by the State Department of Education, to each school that has an existing instructional garden onsite, and that would offer a garden salad in the school lunch program with these funds. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 2. Garden Programs [9000 - 9004] SECTION 9003. Source version: id_cd3bdbc1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=2. The State Department of Education shall develop, research, and coordinate the best available practices regarding appropriate curriculum for school garden programs in kindergarten and grades 1 to 12, inclusive, in consultation with education, nutrition, and agricultural experts. The department shall make the curriculum available to the schools that receive a grant pursuant to this article. (Added by Stats. 2002, Ch. 1163, Sec. 2. Effective January 1, 2003. Section operative July 1, 2004, pursuant to Section 8997.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 10. School Nutrition [8990 - 9004] ARTICLE 2. Garden Programs [9000 - 9004] SECTION 9004. Source version: id_aaf5fac3-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=10.&article=2. The department shall select grant recipients from the northern, southern, and central regions of the state and from urban, rural, and suburban areas, so that the recipients are broadly representative of the state. (Amended by Stats. 2015, Ch. 303, Sec. 61. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8200. Source version: id_aef8ddda-f02a-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. This chapter shall be known and may be cited as the Early Education Act. (Amended by Stats. 2021, Ch. 116, Sec. 2. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8201. Source version: id_bedcb50c-f02a-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. The purpose of this chapter is as follows: (a) To provide an inclusive and cost-effective preschool program that provides high-quality learning experiences, coordinated services, and referrals for families to access health and social-emotional support services through full- and part-day programs. (b) To encourage community-level coordination in support of preschool and early childhood services. (c) To provide an inclusive, developmentally appropriate, and culturally and linguistically responsive preschool environment that is nurturing for all children in the programs. (d) To provide family engagement activities that support positive parenting practices and enhance understanding of human growth and development. (e) To promote strengthening families and access to resources that prevent and address child abuse, neglect, or exploitation. (f) To support the cognitive and social emotional development of all children, including children with exceptional needs, children experiencing developmental delays, and children experiencing trauma. (g) To promote and support home language and development of multilingual capabilities to ensure all children attain their full potential. (h) To establish a framework that promotes equitable access to quality early learning experiences through the expansion of preschool services. (i) To empower parents and family choice by providing information and resources for choosing a high-quality preschool program that meets the needs of the family. (j) To inform parents and families of their right to understand and evaluate the quality and health and safety requirements of the preschool program. (Amended by Stats. 2021, Ch. 116, Sec. 3. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8202. Source version: id_cea22ece-f02a-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. It is the intent of the Legislature that: (a) All families have equitable access to a high-quality preschool program, regardless of race or ethnic status, cultural, religious, or linguistic background, family composition, or children with exceptional needs. It is further the intent that subsidized preschool services be provided to persons meeting the eligibility criteria established under this chapter to the extent funding is made available by the Legislature and Congress. (b) The physical, cognitive, social, and emotional growth and development of preschool children be supported in a healthy, developmentally, and culturally appropriate manner. (c) Families are supported to seek opportunities through employment, training, and education to attain financial stability, while maximizing learning opportunities for their children through participation in preschool programs. (d) Local- and community-level coordination of various funding streams and programs to support preschool services and preschool to third-grade alignment. (e) Programs allow for maximum involvement of families in planning, implementation, operation, and evaluation of preschool programs, recognizing that parent and family engagement is integral to the well-being of the child. (f) Parents and families be fully informed of their rights and responsibilities to evaluate the quality and safety of preschool programs, including, but not limited to, their right to inspect childcare licensing files. (g) Planning for expansion of preschool programs based on ongoing, coordinated, and comprehensive local needs assessments and other state-level data. (h) Support for staff, including administrators, program directors, site supervisors, and teachers, to reduce bias through professional development opportunities. (i) Investments in preschool programs be leveraged to improve equity and reduce the opportunity gap through a targeted universalism approach. (j) Preschool programs provide fully inclusive early learning experiences that contribute to closing the school readiness gap, especially for children from low-income families, children with exceptional needs, and children who are dual language learners, and partner with elementary schools to support smooth transitions and sustain early learning gains. (k) The Superintendent of Public Instruction, in providing funding to agencies offering preschool programs, promote a range of services that will allow parents the opportunity to choose the type of care most suited to their needs. The program scope may include the following: (1) Programs located in childcare centers or family childcare homes. (2) Services provided part day or full day. (l) The Superintendent of Public Instruction be responsible for the establishment of a public hearing process or other public input process that ensures the participation of those agencies directly affected by a particular section or sections of this chapter. (Amended by Stats. 2021, Ch. 116, Sec. 4. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8202.6. Source version: id_d96229b5-20e6-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. (a) (1) The Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, shall convene a statewide interest holder workgroup. The workgroup shall include representatives from county offices of education, contracted state preschool programs, including those operated by school districts and by community-based organizations, transitional kindergarten programs, tribal preschool programs, educators, the Commission on Teacher Credentialing, First 5, resource and referral programs, alternative payment programs, contracted general childcare programs serving preschool-age children, Head Start, private center-based preschool providers, licensed family childcare providers, researchers, and child development experts. (2) The workgroup shall provide recommendations on best practices for increasing access to high-quality universal preschool programs for three- and four-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The workgroup shall also provide recommendations to update preschool standards pursuant to Section 8203 to support equitable access to high-quality preschool and transitional kindergarten programs through the mixed-delivery model and across all appropriate settings and funding sources. (3) The workgroup recommendations shall be in alignment with the work of the Master Plan for Early Learning and Care, without recommending new system changes that create increased state or local costs to offer preschool across the mixed-delivery system. (b) The workgroup pursuant to subdivision (a) shall be established no later than December 1, 2022. (c) The Superintendent shall, in consultation with the Director of Social Services, provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than March 31, 2024. (d) For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. (e) Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (d) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent. (Amended by Stats. 2023, Ch. 48, Sec. 6. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8203. Source version: id_630ccc95-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. The Superintendent shall develop standards for the implementation of high-quality preschool programs. Indicators of quality shall include, but not be limited to: (a) A physical environment that is safe and appropriate for preschool children and that meets applicable licensing standards. (b) Program activities and services that are age appropriate for preschool children and meet the developmental needs of each child. (c) Program activities and services that meet the cultural and linguistic needs of children and families, including, but not limited to, program activities and services that meet the need of dual language learners for support in the development of their home language and English. (d) Family engagement including, but not limited to, opportunities to participate on parent advisory committees and parent education. (e) Community engagement, coordination, and local partnerships that support successful transitions from preschool to the early elementary grades. (f) Efficient and effective local program administration. (g) Staff that possesses the appropriate and required qualifications, experience, or training, or a combination thereof. The appropriate staff qualifications shall reflect the diverse linguistic and cultural makeup of the children and families in the preschool program. The use of intergenerational staff shall be encouraged. (h) The promotion of inclusive experiences through program activities and support for parents to access services that meet the needs of children with exceptional needs and their families. (i) Support services for children, families, and early learning staff and administrators. (j) Program activities that support equity by eliminating implicit bias, exclusionary discipline practices, and discrimination through staff development and training. (k) Provision for nutritional needs of children, including nutrition education at preschool and, when appropriate, shared resource for families. (l) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies. (m) Health services that include referral of children to appropriate agencies for services. (Amended by Stats. 2021, Ch. 498, Sec. 2. (AB 1363) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8203.1. Source version: id_ee7c53c2-f02a-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. (a) The Superintendent shall administer a QRIS block grant, pursuant to an appropriation made for that purpose in the annual Budget Act, to be allocated to local consortia for support of local early learning quality rating and improvement systems that increase the number of low-income children in high-quality preschool programs that prepare those children for success in school and life. (b) (1) For purposes of this section, “early learning quality rating and improvement system” or “QRIS” is defined as a locally determined system for continuous quality improvement based on a tiered rating structure with progressively higher quality standards for each tier that provides supports and incentives for programs, teachers, and administrators to reach higher levels of quality, monitors and evaluates the impacts on child outcomes, and disseminates information to parents and the public about program quality. (2) For purposes of this section, “local consortium” is defined as a local or regional entity, administered by a lead agency, that convenes a planning body that designs and implements a QRIS. A local consortium shall include representatives from organizations including, but not limited to, all of the following: (A) Local educational agencies. (B) First 5 county commissions. (C) Higher educational institutions. (D) Local childcare and development planning councils. (E) Local resource and referral agencies. (F) Alternative payment programs. (G) Other local agencies, as appropriate, which may include, but are not limited to, nonprofit organizations, that provide services to children from birth to five years of age, inclusive, tribal representatives, childcare licensing regional offices, special education local plan area, the county social services department, the local public health department, the local behavioral health department, regional centers, and Head Start and Early Head Start grantees. (3) For purposes of this section, “quality continuum framework” means the tiered rating matrix created and adopted by a local consortium for purposes of implementing a QRIS. The tiered rating matrix shall include three common tiers shared by all participating local consortia. Changes to the common tiers shall be approved and adopted by all participating local consortia. (c) The QRIS block grant shall build on local consortia and other local QRIS work in existence on or before the operative date of this section. (d) For the 2014–15 fiscal year, if a county or region has an established local consortium that has adopted a quality continuum framework, the local consortium’s lead administering agency shall be provided the first opportunity to apply for a QRIS block grant. (e) Local consortia shall do all of the following to be eligible for a QRIS block grant: (1) Implement a QRIS that incorporates evidence-based elements and tools in the quality continuum framework that are tailored to the local conditions and enhanced with local resources. (2) Set ambitious yet achievable targets for California state preschool program contracting agencies’ participation in the QRIS with the goal of achieving the highest common tier, as the tier existed on June 1, 2014, or a higher level of quality. (3) Develop an action plan that includes a continuous quality improvement process that is tied to improving child outcomes. (4) Describe how QRIS block grant funds will be used to increase the number of sites achieving the highest common local tier and to directly support classrooms that have achieved the highest common tier, as that tier existed on June 1, 2014, or a higher level of quality. (5) Develop information and resources that help families understand why preschool matters and how to identify a quality preschool program that meets the needs of the family. (f) The Superintendent, in consultation with the executive director of the state board, shall allocate QRIS block grant funds to local consortia that satisfy the requirements of subdivision (e) based on the number of California state preschool program slots within the county or region. (g) (1) Local consortia receiving QRIS block grant funds shall allocate those funds to contracting agencies of the California state preschool program, as established by Article 2 (commencing with Section 8207), or local educational agencies, for activities that support and improve quality, and assess quality and access. In allocating the QRIS block grant funds, priority shall be given to directly supporting the classrooms of the California state preschool program sites that have achieved the highest common local tier of quality. (2) No more than 20 percent of a local consortium’s QRIS block grant funds may be used for assessment and access projects. (h) A family childcare home education network that provides California state preschool program services shall be eligible for an allocation from a local consortium of QRIS block grant funds for activities that support, improve, and assess quality. (Amended by Stats. 2021, Ch. 116, Sec. 6. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8203.3. Source version: id_c4658907-01ff-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. (a) The department, in consultation with the State Department of Social Services, shall maintain and update the prekindergarten learning development guidelines. The guidelines shall focus on preparing three-, four-, and five-year-old children for kindergarten. The guidelines shall identify appropriate developmental milestones for each age, how to assess where children are in relation to the milestones, and suggested methods for achieving the milestones. In addition, the guidelines shall identify any basic beginning skills needed to prepare children for kindergarten or first grade, and methods for teaching these basic skills. The guidelines shall be articulated with the academic content and performance standards adopted by the State Board of Education for kindergarten and grades 1 to 12, inclusive. The department may contract with an appropriate public or private agency to develop the guidelines. (b) In future expenditure plans for quality improvement activities, the State Department of Social Services shall include funding for periodically updating the guidelines consistent with academic and performance standards and relevant research, broadly distributing the guidelines, and providing education, outreach, and training services to implement the guidelines. (c) Programs funded by the department under this chapter shall use the prekindergarten learning development guidelines developed pursuant to this section. (Amended by Stats. 2022, Ch. 62, Sec. 1. (AB 210) Effective June 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8203.5. Source version: id_0e344ab6-f02b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. (a) The Superintendent shall ensure that each contract entered into under this chapter to provide preschool services, or to facilitate the provision of those services, provides support to the public school system of this state through the delivery of appropriate educational services to the children served pursuant to the contract. (b) The Superintendent shall ensure that all contracts for preschool programs include a requirement that each public or private provider maintain a developmental profile to appropriately identify the emotional, social, physical, and cognitive growth of each child served in order to promote the child’s success in the public schools. To the extent possible, the department shall provide a developmental profile to all public and private providers using existing profile instruments that are most cost efficient. The provider of any program operated pursuant to a contract under Section 8233 shall be responsible for maintaining developmental profiles upon entry through exit from a child development program. (c) This section is not subject to Part 34 (commencing with Section 62000) of Division 4 of Title 2. (Amended by Stats. 2021, Ch. 116, Sec. 8. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8204. Source version: id_1e518168-f02b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, it is the policy of this state that no child shall be hungry while in attendance in a preschool facility, as defined in Section 8205, and that preschool programs have an obligation to provide for the nutritional needs of children in attendance. (Amended by Stats. 2021, Ch. 116, Sec. 9. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8205. Source version: id_9ef663ee-74c6-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. As used in this chapter: (a) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter. (b) “Assigned reimbursement rate” is that rate established by the contract with the agency in accordance with Section 8242. (c) “Attendance” means the number of children present at a preschool facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, medical and educational appointments, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child. For purposes of reimbursement, a California state preschool program contractor may claim attendance for days that the child is not in attendance during an appeal process pursuant to Section 8489.1. (d) “Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies. (e) “Preschool facility” means a residence or building or part thereof in which preschool services are provided. (f) “Early childhood programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes. (g) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter. (h) “Children with exceptional needs” means either of the following: (1) Children under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans and shall be receiving early intervention services. (2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2, and who meet eligibility criteria described in Section 56026 and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program and shall be receiving early intervention services or appropriate special education. (i) “Cost” includes, but is not limited to, expenditures that are related to the operation of preschool programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business. (j) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning. (k) “Family childcare home education network” means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. (l) “Health services” include, but are not limited to, all of the following: (1) Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care. (2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources. (3) Health education and training for children, parents, staff, and providers. (4) Followup treatment through referral to appropriate health care agencies or individual health care professionals. (m) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education. (n) “Intergenerational staff” means persons of various generations. (o) “Dual language learner children” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English. (p) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. (q) “Program director” means a person who, pursuant to Section 8298, is qualified to serve as a program director. (r) “Proprietary agency” means an organization or facility providing preschool, which is operated for profit. (s) “Children with severe disabilities” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Children with severe disabilities” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 6 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 as it read on January 1, 1980. (t) (1) “Site supervisor” means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site. (2) A site supervisor shall satisfy one of the following: (A) Hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and development program operating in a single site. (B) Hold an administrative credential or an administrative services credential issued by the Commission on Teacher Credentialing. (C) Meet the qualifications of a program director under Section 8298. (3) The Superintendent may waive the requirements of this subdivision if the Superintendent determines that the existence of compelling need is appropriately documented. (u) “Standard reimbursement rate” means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. (v) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. (w) “California state preschool program” means those programs that offer part-day or full-day, or both, educational programs for eligible two-, three-, and four-year-old children. These programs may be offered by a public, private, or proprietary agency, and operated in childcare centers or family childcare homes operating through a family childcare home education network. (x) “Support services” means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. Support services may include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling. (y) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. (z) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized preschool program services to the need for these services is low, as determined by the Superintendent. (aa) “Three-year-old children” means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. Children who have their third birthday on or after December 2 of the fiscal year, may be enrolled in a California state preschool program on or after their third birthday. Any child under four years of age shall be served in a California state preschool program facility, licensed in accordance with Title 22 of the California Code of Regulations. (ab) “Two-year-old children” means children who have had their second birthday and do not otherwise meet the definition of “three-year-old children.” (ac) “Four-year-old children” means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. (ad) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). (ae) “Local educational agency” means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. (af) “Funded enrollment” means the number of subsidized children funded to be enrolled, based on the maximum reimbursable amount, contract rate, inclusive of any adjustment factors, and approved program calendar, by a California state preschool program contractor. (ag) (1) Effective no later than March 1, 2024, “part-time” means preschool services certified for a child for fewer than 25 hours per week. (2) Effective no later than March 1, 2024, “full-time” means preschool services certified for a child for 25 or more hours per week. (3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department may implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2023. (4) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2026. (5) If the provisions of this subdivision are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (ah) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended (as amended by Stats. 2024, Ch. 73, Sec. 1) by Stats. 2026, Ch. 25, Sec. 1. (AB 150) Effective June 29, 2026. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2026, Ch. 25.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8205. Source version: id_b6590610-74c6-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. As used in this chapter: (a) “Applicant or contracting agency” means a school district, community college district, college or university, county superintendent of schools, county, city, public agency, private nontax-exempt agency, private tax-exempt agency, or other entity that is authorized to establish, maintain, or operate services pursuant to this chapter. Private agencies and parent cooperatives, duly licensed by law, shall receive the same consideration as any other authorized entity with no loss of parental decisionmaking prerogatives as consistent with the provisions of this chapter. (b) “Assigned reimbursement rate” is that rate established by the contract with the agency in accordance with Section 8242. (c) “Attendance” means the number of children present at a preschool facility. “Attendance,” for purposes of reimbursement, includes excused absences by children because of illness, quarantine, illness or quarantine of their parent, family emergency, medical and educational appointments, or to spend time with a parent or other relative as required by a court of law or that is clearly in the best interest of the child. For purposes of reimbursement, a California state preschool program contractor may claim attendance for days that the child is not in attendance during an appeal process pursuant to Section 8489.1. (d) “Capital outlay” means the amount paid for the renovation and repair of childcare and development and preschool facilities to comply with state and local health and safety standards, and the amount paid for the state purchase of relocatable childcare and development and preschool facilities for lease to qualifying contracting agencies. (e) “Preschool facility” means a residence or building or part thereof in which preschool services are provided. (f) “Early childhood programs” means those programs that offer a full range of services for children from infancy to 13 years of age, for any part of a day, by a public, private, or proprietary agency, in centers and family childcare homes. (g) “Children at risk of abuse, neglect, or exploitation” means children who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter. (h) “Children with exceptional needs” means either of the following: (1) Children under three years of age who have been determined to be eligible for early intervention services pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and its implementing regulations. These children include an infant or toddler with a developmental delay or established risk condition, or who is at high risk of having a substantial developmental disability, as defined in subdivision (a) of Section 95014 of the Government Code. These children shall have active individualized family service plans and shall be receiving early intervention services. (2) Children 3 to 21 years of age, inclusive, who have been determined to be eligible for special education and related services by an individualized education program team according to the special education requirements contained in Part 30 (commencing with Section 56000) of Division 4 of Title 2, and who meet eligibility criteria described in Section 56026 and, Article 2.5 (commencing with Section 56333) of Chapter 4 of Part 30 of Division 4 of Title 2, and Sections 3030 and 3031 of Title 5 of the California Code of Regulations. These children shall have an active individualized education program and shall be receiving early intervention services or appropriate special education. (i) “Cost” includes, but is not limited to, expenditures that are related to the operation of preschool programs. “Cost” may include a reasonable amount for state and local contributions to employee benefits, including approved retirement programs, agency administration, and any other reasonable program operational costs. “Cost” may also include amounts for licensable facilities in the community served by the program, including lease payments or depreciation, downpayments, and payments of principal and interest on loans incurred to acquire, rehabilitate, or construct licensable facilities, but these costs shall not exceed fair market rents existing in the community in which the facility is located. “Reasonable and necessary costs” are costs that, in nature and amount, do not exceed what an ordinary prudent person would incur in the conduct of a competitive business. (j) “Elementary school,” as contained in former Section 425 of Title 20 of the United States Code (the National Defense Education Act of 1958, Public Law 85-864, as amended), includes early childhood education programs and all child development programs, for the purpose of the cancellation provisions of loans to students in institutions of higher learning. (k) “Family childcare home education network” means an entity organized under law that contracts with the department to make payments to licensed family childcare home providers and to provide educational and support services to those providers and to children and families eligible for California state preschool program services. (l) “Health services” include, but are not limited to, all of the following: (1) Referral, whenever possible, to appropriate health care providers able to provide continuity of medical care. (2) Health screening and health treatment, including a full range of immunization recorded on the appropriate state immunization form to the extent provided by the Medi-Cal Act (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code) and the Child Health and Disability Prevention Program (Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code), but only to the extent that ongoing care cannot be obtained utilizing community resources. (3) Health education and training for children, parents, staff, and providers. (4) Followup treatment through referral to appropriate health care agencies or individual health care professionals. (m) “Higher educational institutions” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the governing bodies of any accredited private nonprofit institution of postsecondary education. (n) “Intergenerational staff” means persons of various generations. (o) “Dual language learner children” means children whose first language is a language other than English or children who are developing two or more languages, one of which may be English. (p) “Parent” means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of the child. (q) “Program director” means a person who, pursuant to Section 8298, is qualified to serve as a program director. (r) “Proprietary agency” means an organization or facility providing preschool, which is operated for profit. (s) “Children with severe disabilities” are children with exceptional needs from birth to 21 years of age, inclusive, who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, or severe intellectual disabilities. “Children with severe disabilities” also include those individuals who would have been eligible for enrollment in a developmental center for handicapped pupils under Chapter 6 (commencing with Section 56800) of Part 30 of Division 4 of Title 2 as it read on January 1, 1980. (t) (1) “Site supervisor” means a person who, regardless of their title, has operational program responsibility for an early childhood program at a single site. (2) A site supervisor shall satisfy one of the following: (A) Hold a permit issued by the Commission on Teacher Credentialing that authorizes supervision of a childcare and development program operating in a single site. (B) Hold an administrative credential or an administrative services credential issued by the Commission on Teacher Credentialing. (C) Meet the qualifications of a program director under Section 8298. (3) The Superintendent may waive the requirements of this subdivision if the Superintendent determines that the existence of compelling need is appropriately documented. (u) “Standard reimbursement rate” means the reimbursement rate applicable to California state preschool programs pursuant to Section 8242. (v) “Startup costs” means those expenses an agency incurs in the process of opening a new or additional facility before the full enrollment of children. (w) “California state preschool program” means those programs that offer part-day or full-day, or both, educational programs for eligible three- and four-year-old children. These programs may be offered by a public, private, or proprietary agency, and operated in childcare centers or family childcare homes operating through a family childcare home education network. (x) “Support services” means those services that, when combined with preschool services, help promote the healthy physical, mental, social, and emotional growth of children. Support services may include, but are not limited to: protective services, parent training, provider and staff training, transportation, parent and child counseling, child development resource and referral services, and child placement counseling. (y) “Teacher” means a person with the appropriate permit issued by the Commission on Teacher Credentialing who provides program supervision and instruction that includes supervision of a number of aides, volunteers, and groups of children. (z) “Underserved area” means a county or subcounty area, including, but not limited to, school districts, census tracts, or ZIP Code areas, where the ratio of publicly subsidized preschool program services to the need for these services is low, as determined by the Superintendent. (aa) “Three-year-old children” means children who will have their third birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program. Children who have their third birthday on or after December 2 of the fiscal year, may be enrolled in a California state preschool program on or after their third birthday. Any child under four years of age shall be served in a California state preschool program facility, licensed in accordance with Title 22 of the California Code of Regulations. (ab) “Four-year-old children” means children who will have their fourth birthday on or before December 1 of the fiscal year in which they are enrolled in a California state preschool program, or a child whose fifth birthday occurs after September 1 of the fiscal year in which they are enrolled in a California state preschool and whose parent or guardian has opted to retain or enroll them in a California state preschool program. (ac) “Homeless children and youth” has the same meaning as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). (ad) “Local educational agency” means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. (ae) “Funded enrollment” means the number of subsidized children funded to be enrolled, based on the maximum reimbursable amount, contract rate, inclusive of any adjustment factors, and approved program calendar, by a California state preschool program contractor. (af) (1) Effective no later than March 1, 2024, “part-time” means preschool services certified for a child for fewer than 25 hours per week. (2) Effective no later than March 1, 2024, “full-time” means preschool services certified for a child for 25 or more hours per week. (3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department may implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2023. (4) The department shall initiate a rulemaking action to adopt regulations to implement this subdivision no later than July 1, 2026. (5) If the provisions of this subdivision are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (ag) This section shall become operative on July 1, 2027. (Amended (as added by Stats. 2024, Ch. 73, Sec. 2) by Stats. 2026, Ch. 25, Sec. 2. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 1. General Provisions [8200 - 8206] SECTION 8206. Source version: id_f33a75f4-f01b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=1. (a) If a state of emergency is declared by the Governor, the Superintendent may waive any requirements of this code or regulations adopted pursuant to this code relating to preschool programs operated pursuant to this chapter only to the extent that enforcement of the regulations or requirements would directly impede disaster relief and recovery efforts or would disrupt the current level of service in preschool programs. (b) A waiver granted pursuant to subdivision (a) shall not exceed 45 calendar days. (c) For purposes of this section, “state of emergency” includes, but is not limited to, fire, flood, earthquake, or a period of civil unrest. (d) If a request for a waiver pursuant to subdivision (a) is for a childcare and development program, preschool program, or child nutrition program that receives federal funds and the waiver may be inconsistent with the state plan or any federal law or regulations governing the program, the Superintendent shall seek and obtain approval of the waiver from the appropriate federal agency before granting the waiver. (e) (1) From July 1, 2020, to June 30, 2021, inclusive, due to the ongoing impacts of childcare and development facility closures and low child attendance due to the COVID-19 pandemic and related public health directives, the Superintendent shall reimburse a contracting agency for a California state preschool program pursuant to former Article 7 (commencing with Section 8235), a general childcare and development program pursuant to former Article 8 (commencing with Section 8240), a family childcare home education network pursuant to former Article 8.5 (commencing with Section 8245), a migrant childcare and development program pursuant to former Article 6 (commencing with Section 8230), or childcare and development services for children with special needs pursuant to former Article 9 (commencing with Section 8250) that meets one of the following requirements: (A) The program operated by the contracting agency opens by September 8, 2020, or within 21 calendar days from the start date of the contracting agency’s 2020–21 program calendar approved by the department, whichever is sooner, and remains open and offering services through the 2020–21 program year. (B) The program operated by the contracting agency is closed by local or state public health order or guidance due to the COVID-19 pandemic. (C) (i) The program operates on the campus of a local educational agency that is closed by local or state public health guidance or order and the local educational agency has required the early learning and care program to close. (ii) To ensure continuity of care and access to services during the COVID-19 pandemic, the governing board or body of the local educational agency requiring a closure pursuant to clause (i) shall discuss in a public hearing and prepare a plan for safely reopening early learning and care programs as soon as safely possible, but no later than when local education agency campuses open for in-person instruction. (2) Reimbursement pursuant to paragraph (1) shall be 100 percent of the contract maximum reimbursable amount or net reimbursable program costs, whichever is less, pursuant to guidance released by the Superintendent. (3) A childcare program specified in paragraph (1) that is physically closed pursuant to subparagraph (B) or (C) of paragraph (1) due to the COVID-19 pandemic, but funded to be operational, shall provide distance learning services as specified by the Superintendent. A contractor specified in paragraph (1) shall submit a distance learning plan to the department pursuant to guidance from the Superintendent. (Added by renumbering Section 8209 by Stats. 2021, Ch. 116, Sec. 21. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 10. Childcare Subsidy Plan for the City and County of San Francisco [8283 - 8288.5] SECTION 8283. Source version: id_3cd3ae7c-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=10. The City and County of San Francisco may develop and implement an individualized county childcare subsidy plan. The plan shall ensure that childcare subsidies received by the city and county are used to address local needs, conditions, and priorities of working families in the community. (Added by renumbering Section 8335 by Stats. 2021, Ch. 116, Sec. 169. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 10. Childcare Subsidy Plan for the City and County of San Francisco [8283 - 8288.5] SECTION 8284. Source version: id_48eb145e-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=10. Before implementing the local subsidy plan, the City and County of San Francisco, in consultation with the department, shall develop an individualized county childcare subsidy plan for the city and county that includes the following four elements: (a) An assessment to identify the city and county’s goal for its subsidized childcare system. The assessment shall examine whether the current structure of subsidized childcare funding adequately supports working families in the city and county and whether the city and county’s childcare goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s childcare subsidy system that inhibit the city and county from meeting its childcare goals. In conducting the assessment, the city and county shall consider all of the following: (1) The general demographics of families who are in need of childcare, including employment, income, language, ethnic, and family composition. (2) The current supply of available subsidized childcare. (3) The level of need for various types of subsidized childcare services including, but not limited to, infant care, after-hours care, and care for children with exceptional needs. (4) The city and county’s self-sufficiency income level. (5) Income eligibility levels for subsidized childcare. (6) Family fees. (7) The cost of providing childcare. (8) The regional market rates, as established by the department, for different types of childcare. (9) The standard reimbursement rate or state per diem for centers operating under contracts with the department. (10) Trends in the county’s unemployment rate and housing affordability index. (b) Development of a local policy to eliminate state-imposed regulatory barriers to the city and county’s achievement of its desired outcomes for subsidized preschool. (1) The local policy shall do all of the following: (A) Prioritize lowest income families first. (B) Follow the family fee schedule established pursuant to Section 8252 of this code or Section 10290 of the Welfare and Institutions Code, as applicable, for those families that are income eligible, as defined by Section 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable. (C) Meet local goals that are consistent with the state’s childcare goals. (D) Identify existing policies that would be affected by the city and county’s childcare subsidy plan. (E) (i) Authorize any agency that provides childcare and development services in the city and county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy once it is adopted. (ii) The department shall approve an application to amend an existing contract if the childcare subsidy plan is approved pursuant to subdivision (b) of Section 8285, or modified pursuant to subdivision (c) of Section 8285. (iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable. (2) (A) The city and county shall, by the end of the first fiscal year of operation under the approved childcare subsidy plan, demonstrate an increase in the aggregate child days of enrollment in the county as compared to the enrollment in the final quarter of the 2004–05 fiscal year. (B) The amount of the increase shall be at least equal to the aggregate child days of enrollment in the final quarter of the 2004–05 fiscal year for all contracts amended as provided in subparagraph (E) of paragraph (1), under which the contractor receives an increase in its reimbursement rate, times 2 percent. (C) The amount of the increase shall also be proportional to the total contract maximum reimbursable amount to reflect the changes in the budget allocation for each fiscal year of the plan. (3) The local policy may supersede state law concerning preschool subsidy programs with regard only to the following factors: (A) Provide a family that qualifies for the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized childcare on another basis pursuant to the local policy, except as otherwise provided in Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code. Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable. (C) Reimbursement rates, including adjustment factors identified in Section 8244 of this code or Section 10281.5 of the Welfare and Institutions Code, as applicable. (D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8263. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for center-based childcare and interagency agreements that allow for flexible and temporary transfer of funds among agencies. (F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 2 (commencing with Section 8207), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year. (c) Recognition that all funding sources utilized by contractors that provide childcare and development services in the city and county are eligible to be included in the preschool subsidy plan of the city and county. (d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the city and county’s childcare goals and to overcome any barriers identified in the state’s childcare subsidy system. (e) Nothing in this section shall be construed to permit the city and county to change the regional market rate survey results for the city and county. (f) Nothing in this section shall allow the city and county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one childcare services in addition to alternative payment and direct service childcare programs. If the plan includes CalWORKs childcare, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their childcare services due to a transition between the three stages of childcare services and policies implemented in the plan. (Added by renumbering Section 8335.1 by Stats. 2021, Ch. 116, Sec. 170. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 10. Childcare Subsidy Plan for the City and County of San Francisco [8283 - 8288.5] SECTION 8285. Source version: id_55018fe0-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=10. (a) The plan shall be submitted to the local planning council, as defined in subdivision (g) of Section 10480 of the Welfare and Institutions Code, for approval. Upon approval of the plan by the local planning council, the Board of Supervisors of the City and County of San Francisco shall hold at least one public hearing on the plan. Following the hearing, if the board of supervisors votes in favor of the plan, the plan shall be submitted to the department for review. (b) Within 30 days of receiving the plan, the department shall review and either approve or disapprove the plan. (c) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan. (d) The department may disapprove only those portions of the plan or modifications to the plan that are not in conformance with either this article or Article 9 (commencing with Section 8273) or that are in conflict with federal law. (Added by renumbering Section 8335.3 by Stats. 2021, Ch. 116, Sec. 171. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 10. Childcare Subsidy Plan for the City and County of San Francisco [8283 - 8288.5] SECTION 8286. Source version: id_6127e9e2-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=10. (a) The City and County of San Francisco shall, at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the city and county’s plan, and the city and county’s ability to maximize the use of funds and to improve and stabilize childcare in the city and county. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by renumbering Section 8335.4 by Stats. 2021, Ch. 116, Sec. 172. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 10. Childcare Subsidy Plan for the City and County of San Francisco [8283 - 8288.5] SECTION 8287. Source version: id_6d37fcc4-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=10. Any modifications to the plan shall be submitted in conformance with the procedures established in Article 9 (commencing with Section 8273). (Added by renumbering Section 8335.5 by Stats. 2021, Ch. 116, Sec. 173. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 10. Childcare Subsidy Plan for the City and County of San Francisco [8283 - 8288.5] SECTION 8288. Source version: id_7935e736-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=10. A participating contractor shall receive any increase or decrease in funding that the contractor would have received if the contractor had not participated in the local subsidy plan established by this article. (Added by renumbering Section 8335.6 by Stats. 2021, Ch. 116, Sec. 174. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 10. Childcare Subsidy Plan for the City and County of San Francisco [8283 - 8288.5] SECTION 8288.5. Source version: id_c2dc693c-f01b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=10. Commencing on the effective date of the act that added this section, the components of the plan relating to preschool shall be overseen by the department and the components of the plan addressing all other childcare programs shall be overseen by the State Department of Social Services. (Added by Stats. 2021, Ch. 116, Sec. 138. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 11. Individualized County of San Mateo Childcare Subsidy Plan [8289 - 8294.5] SECTION 8289. Source version: id_855bcc08-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=11. On and after July 1, 2014, the individualized county childcare subsidy plan for the County of San Mateo that was developed as a pilot project pursuant to Article 15.3 (commencing with Section 8340), as that article read on January 1, 2013, may continue in existence and may be implemented in accordance with the provisions of this article. The plan shall ensure that childcare subsidies received by the County of San Mateo are used to address local needs, conditions, and priorities of working families in those communities. (Added by renumbering Section 8347 by Stats. 2021, Ch. 116, Sec. 178. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 11. Individualized County of San Mateo Childcare Subsidy Plan [8289 - 8294.5] SECTION 8290. Source version: id_9175c9fa-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=11. For purposes of this article, “county” means the County of San Mateo. (Added by renumbering Section 8347.1 by Stats. 2021, Ch. 116, Sec. 179. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 11. Individualized County of San Mateo Childcare Subsidy Plan [8289 - 8294.5] SECTION 8291. Source version: id_9d8c6c8c-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=11. For purposes of this article, “plan” means an individualized county childcare subsidy plan developed and approved as described in Section 8289, which includes all of the following: (a) An assessment to identify the county’s goal for its subsidized childcare system. The assessment shall examine whether the current structure of subsidized childcare funding adequately supports working families in the county and whether the county’s childcare goals coincide with the state’s requirements for funding, eligibility, priority, and reimbursement. The assessment shall also identify barriers in the state’s childcare subsidy system that inhibit the county from meeting its childcare goals. In conducting the assessment, the county shall consider all of the following: (1) The general demographics of families who are in need of childcare, including employment, income, language, ethnic, and family composition. (2) The current supply of available subsidized childcare. (3) The level of need for various types of subsidized childcare services, including, but not limited to, infant care, after-hours care, and care for children with exceptional needs. (4) The county’s self-sufficiency income level. (5) Income eligibility levels for subsidized childcare. (6) Family fees. (7) The cost of providing childcare. (8) The regional market rates, as established by the department, for different types of childcare. (9) The standard reimbursement rate or state per diem for centers operating under contracts with the department. (10) Trends in the county’s unemployment rate and housing affordability index. (b) (1) Development of a local policy to eliminate state-imposed regulatory barriers to the county’s achievement of its desired outcomes for subsidized childcare. (2) The local policy shall do all of the following: (A) Prioritize lowest income families first. (B) Follow the family fee schedule established pursuant to Section 8252 of this code or Section 10290 of the Welfare and Institutions Code, as applicable, for those families that are income eligible, as defined by Section 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable. (C) Meet local goals that are consistent with the state’s childcare goals. (D) Identify existing policies that would be affected by the county’s plan. (E) (i) Authorize any agency that provides childcare and development services in the county through a contract with the department to apply to the department to amend existing contracts in order to benefit from the local policy. (ii) The department shall approve an application to amend an existing contract if the plan is modified pursuant to Section 8292. (iii) The contract of a department contractor who does not elect to request an amendment to its contract remains operative and enforceable. (3) The local policy may supersede state law concerning childcare subsidy programs with regard only to the following factors: (A) Provide a family that qualifies for the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code, for purposes of eligibility, fees, and reimbursements, the same or higher level of benefit as a family that qualifies for subsidized childcare on another basis pursuant to the local policy, except as otherwise provided in Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code. Nothing in this section shall be interpreted to impact or reduce any element in the second or third stage of childcare services pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code that provides a greater benefit to participating families than is provided for in the local policy. (B) Fees, including, but not limited to, family fees, sliding scale fees, and copayments for those families that are not income eligible, as defined by Section 8213 of this code or Section 10271.5 of the Welfare and Institutions Code, as applicable. (C) Reimbursement rates, including adjustment factors identified in Section 8244 of this code or Section 10281.5 of the Welfare and Institutions Code, as applicable. (D) The ratio of four-year-old children in state preschool programs pursuant to subdivision (b) of Section 8263. (E) Methods of maximizing the efficient use of subsidy funds, including, but not limited to, multiyear contracting with the department for preschool, and interagency agreements that allow for flexible and temporary transfer of funds among agencies. (F) Families with children enrolled in part-day California state preschool program services, pursuant to Article 2 (commencing with Section 8207), may be eligible for up to two 180-day periods within a 24-month period without the family being certified as a new enrollment each year. (c) Recognition that all funding sources utilized by contractors that provide childcare and development services in the county are eligible to be included in the county’s plan. (d) Establishment of measurable outcomes to evaluate the success of the plan to achieve the county’s childcare goals, and to overcome any barriers identified in the state’s childcare subsidy system. (e) Nothing in this section shall be construed to permit the county to change the regional market rate survey results for the county. (f) Nothing in this section shall allow the county to adopt as part of its plan an increase to the regional market reimbursement rate beyond the level provided in the Budget Act. (g) The plan may include stage one childcare services in addition to alternative payment and direct service childcare programs. If the plan includes CalWORKs childcare, the plan administrator shall consult with their county welfare department to identify opportunities for alignment, ensuring families experience no break in their childcare services due to a transition between the three stages of childcare services and policies implemented in the plan. (Added by renumbering Section 8347.2 by Stats. 2021, Ch. 116, Sec. 180. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 11. Individualized County of San Mateo Childcare Subsidy Plan [8289 - 8294.5] SECTION 8292. Source version: id_a99ccd8e-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=11. (a) Except as provided in this section, any modifications to the plan shall be submitted in accordance with the modification procedures described in Article 9 (commencing with Section 8273). (b) Within 30 days of receiving any modification to the plan, the department shall review and either approve or disapprove that modification to the plan. (c) The department may disapprove only those portions of modifications to the plan that are not in conformance with either this article or Article 9 (commencing with Section 8273) or that are in conflict with federal law. (Added by renumbering Section 8347.3 by Stats. 2021, Ch. 116, Sec. 181. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 11. Individualized County of San Mateo Childcare Subsidy Plan [8289 - 8294.5] SECTION 8293. Source version: id_b5c21620-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=11. (a) The county shall at least once every three years, using the template developed by the department, prepare and submit to the Legislature, the State Department of Social Services, and the department a report that summarizes the success of the county’s plan, and the county’s ability to maximize the use of funds and to improve and stabilize childcare in the county. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by renumbering Section 8347.4 by Stats. 2021, Ch. 116, Sec. 182. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 11. Individualized County of San Mateo Childcare Subsidy Plan [8289 - 8294.5] SECTION 8294. Source version: id_c1d694d2-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=11. A participating contractor shall receive any increase or decrease in funding that the contractor would have received if the contractor had not participated in the plan. (Added by renumbering Section 8347.5 by Stats. 2021, Ch. 116, Sec. 183. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 11. Individualized County of San Mateo Childcare Subsidy Plan [8289 - 8294.5] SECTION 8294.5. Source version: id_ced7466e-f01b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=11. Commencing on the effective date of the act that added this section, the components of the plan relating to preschool shall be overseen by the department and the components of the plan addressing all other childcare programs shall be overseen by the State Department of Social Services. (Added by Stats. 2021, Ch. 116, Sec. 140. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8295. Source version: id_cdf3a004-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. (a) (1) Preschool programs shall include a career ladder program for classroom staff. Persons who are 18 years of age and older may be employed as aides and may be eligible for salary increases upon the completion of additional semester units in early childhood education or child development. The governing board of each contracting agency shall be encouraged to provide teachers and aides with salary increases for the successful completion of early childhood education or child development courses in six semester unit increments. (2) Persons employed as teachers in a preschool program shall possess a permit issued by the Commission on Teacher Credentialing authorizing service in the care, development, and instruction of children in a childcare and development program. (b) Any person who meets the following criteria is eligible to serve in an instructional capacity in a preschool program: (1) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics. (2) Twelve units in early childhood education or child development, or both, or two years’ experience in early childhood education or a childcare and development program. (Added by renumbering Section 8360 by Stats. 2021, Ch. 116, Sec. 186. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8297. Source version: id_da162976-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. Not later than 95 days after the governing board of a public agency sets the date a person employed by that board shall begin service in a position requiring a children’s center instructional permit or a children’s center supervision permit, that person shall file, on or before that date, with the county superintendent of schools a valid permit issued on or before that date, authorizing the person to serve in a position for which the person was employed. Upon renewal of that permit, that person shall file that renewal with the county superintendent of schools no later than 95 days after the renewal. (Added by renumbering Section 8360.2 by Stats. 2021, Ch. 116, Sec. 188. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8298. Source version: id_dae6e420-f01b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. (a) An entity operating preschool programs providing services to children at two or more sites, including through more than one contract or subcontract funded pursuant to this chapter, shall employ a program director who possesses one of the following: (1) A permit issued by the Commission on Teacher Credentialing authorizing supervision of a childcare and development program operating in multiple sites. (2) Any person who meets the following criteria is eligible to supervise a preschool program operating in multiple sites and serve in an instructional capacity in a preschool program: (A) Possesses a current credential issued by the Commission on Teacher Credentialing authorizing teaching service in elementary school or a single subject credential in home economics. (B) Six units in administration and supervision of early childhood education or child development, or both. The requirement set forth in this paragraph does not apply to any person who was employed as a program director prior to January 1, 1993, in a preschool program receiving funding under this chapter. (C) Twelve units in early childhood education or child development, or both, or at least two years’ experience in early childhood education or a preschool program. (3) A waiver issued by the Superintendent of Public Instruction pursuant to this section. (b) (1) For purposes of this section, the following definitions apply: (A) “Administrative responsibility” means awareness of the financial and business circumstances of the program, and, in appropriate cases, supervision of administrative and support personnel and the knowledge and authority to direct or modify administrative practices and procedures to ensure compliance to administrative and financial standards imposed by law. (B) “Program director” means a person who, regardless of their title, has programmatic and administrative responsibility for an early childhood program that provides services to children at two or more sites. (C) “Programmatic responsibility” means overall supervision of curriculum and instructional staff, including instructional aides, and the knowledge and authority to direct or modify program practices and procedures to ensure compliance to applicable quality and health and safety standards imposed by law. (2) “Administrative responsibility” and “programmatic responsibility” also include the responsibility to act as the representative for the preschool program to the department. With respect to preschool programs operated through family childcare homes, “administrative responsibility” and “programmatic responsibility” include ensuring that quality services are provided in the family childcare homes. (c) The program director may also serve as the site supervisor at one of the sites, provided that the program director fulfills both the duties of a “childcare center director,” as set forth in Section 101215.1 of Title 22 of the California Code of Regulations, and meets the qualifications for a site supervisor, as set forth in Section 8205. (d) The Superintendent of Public Instruction may waive the qualifications for a program director upon a finding of either of the following circumstances: (1) The applicant is making satisfactory progress toward securing a permit issued by the Commission on Teacher Credentialing authorizing supervision of a childcare and development program operating in two or more sites or fulfilling the qualifications for program directors of childcare and development programs that provide service to severely disabled children, as specified in Section 10381.5 of the Welfare and Institutions Code. (2) The place of employment is so remote from institutions offering the necessary coursework as to make continuing education impracticable and the contractor has made a diligent search but has been unable to hire a more qualified applicant. (e) The Superintendent of Public Instruction, upon good cause, may, by rule, identify and apply grounds, in addition to those specified in subdivision (d), for granting a waiver of the qualifications for program director. (Added by Stats. 2021, Ch. 116, Sec. 142. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8299. Source version: id_e64cb018-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. Notwithstanding any other law, a high school student or any other adult shall be selected by the governing board of a public or private agency to serve as nonteaching personnel to perform noninstructional work. A career ladder shall be utilized in the employment and promotion of such noninstructional personnel. Each such person shall have had a health examination made within the 12-month period preceding the date of employment. Each person shall also submit duplicate personal identification cards upon which shall appear legible fingerprints and a personal description of the applicant. (Added by renumbering Section 8361 by Stats. 2021, Ch. 116, Sec. 190. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8300. Source version: id_f291196a-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. The same fee as that prescribed for a credential provided in Section 44235 shall be charged for either the issuance or renewal of each child development permit authorizing service in the supervision and instruction of children in child development programs or authorizing service as a supervisor in a program. (Added by renumbering Section 8362 by Stats. 2021, Ch. 116, Sec. 191. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8301. Source version: id_feb32dac-f01f-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. The Commission on Teacher Credentialing shall by rule or regulation establish the requirements for the following: (a) The issuance and the renewal of permits authorizing service in the care, development, and instruction of children in childcare and development programs, as well as the issuance of emergency permits for this purpose. (b) The issuance and renewal of permits authorizing supervision of a childcare and development program, as well as the issuance of emergency permits for this purpose. (c) The periods of duration of the permits set forth in this section. (Added by renumbering Section 8363 by Stats. 2021, Ch. 116, Sec. 192. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8301.1. Source version: id_6e850407-a089-11f0-9052-b7a92a296773 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. (a) Notwithstanding Sections 8295 and 8301, the Commission on Teacher Credentialing may issue an assistant teacher permit that authorizes the permitholder to assist in the care, development, and instruction of children, subject to the supervision requirements described in subdivision (b). This assistance may include temporarily supervising children independently for no more than 120 minutes per day while the supervising employee leaves the classroom for purposes of offering flexibility for classroom support, during breaks, or escorting children outside of the classroom. The commission may issue a permit under this section provided that all of the following requirements are met: (1) The applicant has at least six units from an accredited institution of higher education in early childhood education, child development, or human development, or a combination thereof. (2) The applicant has an education plan updated each academic year and is enrolled in a course or courses to meet the requirements for the next level permit. (3) The applicant is sponsored by an employer who has a current contract with the State Department of Education to be a California state preschool program provider. (b) An employee who holds an assistant teacher permit pursuant to subdivision (a) shall be under the supervision of an employee who holds a valid commission-issued child development permit at the teacher level, or at an equivalent or higher permit level. (c) A contracting agency that employs a person who holds an assistant teacher permit pursuant to subdivision (a) shall maintain a copy of the permitholder’s current education plan in their employee file. (d) A permit issued pursuant to subdivision (a) shall be valid for no more than two years from the date of issuance and shall not be renewed. (e) The number of assistant teacher permitholders employed by a contracting agency at one site shall not exceed 50 percent of the number of classrooms at that site. The contracting agency shall not assign more than one assistant teacher to each classroom. (f) This section shall not be construed to grant to a person issued with an assistant teacher permit pursuant to this section with the rights and responsibilities of an associate teacher permitholder, or equivalent permitholder, or higher permitholder. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement this section by means of management bulletins or similar instructions until regulations are adopted. (h) The commission shall implement this section by no later than January 30, 2026. (i) This section shall become inoperative one year after the implementation of the commission’s revised child development permit matrix, or January 1, 2029, whichever is later, and, as of that date, is repealed. (Added by Stats. 2025, Ch. 165, Sec. 3. (AB 753) Effective October 1, 2025. Conditionally repealed on or after January 1, 2029, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8301.5. Source version: id_4dbc2cc2-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. Notwithstanding Section 8301 of this code or Section 80111 of Title 5 of the California Code of Regulations, on or before April 30, 2025, the Commission on Teacher Credentialing shall, by rule or regulation, authorize a holder of a Child Development Associate Teacher Permit to renew their permit without a limitation on the number of renewals if the permitholder completes specified hours of professional growth activities, as determined by the commission. (Added by Stats. 2024, Ch. 687, Sec. 1. (AB 1930) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8302. Source version: id_16a3fd1c-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. Each county board of education, city and county board of education, or community college governing board may issue temporary certificates for the purpose of authorizing salary payments to preschool employees whose child development permit applications are being processed. The applicant for the temporary certificate shall make a statement under oath that the applicant has duly filed their application for a permit, together with the required fee, and that to the best of their knowledge no reason exists why they should not be issued a permit. The temporary certificate shall be valid for not more than 90 schooldays and only until the permit originally requested is either issued or denied by the Commission on Teacher Credentialing. (Amended by Stats. 2024, Ch. 471, Sec. 7. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8303. Source version: id_177b7a50-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. (a) Each person employed by a public or private agency in a position requiring a child development permit for the supervision and instruction of children, or for service as a physician, dentist, or nurse, or in the supervision of the preschool program, shall be deemed to be employed in a position requiring certification qualifications. (b) Each other person employed by an agency in a preschool program under the provisions of this chapter shall be deemed for all purposes, including retirement, to be a person employed by the agency in a position not requiring certification qualifications. (c) A district may lay off an employee required to have such a permit at any time during the school year for lack of work or lack of funds or may provide for the employee’s employment for not to exceed 90 days in any one school year on an intermittent basis which shall not be deemed probationary service. The order of layoff shall be determined by length of service. The employee who has served the shortest time shall be laid off first, except that no permanent employee shall be laid off ahead of a probationary employee. A permanent employee who has been laid off shall hold reinstatement rights for a period of 39 months from the date of layoff. (d) Other persons who are employed as probationary employees in positions requiring such permits on or after September 18, 1959, may be dismissed in accordance with the provisions of Section 44949 or 87740. (Added by renumbering Section 8366 by Stats. 2021, Ch. 116, Sec. 197. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8304. Source version: id_239ea002-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. Every employee of a child development program who before their employment in such program was employed by the agency maintaining such program in a position entitling the employee to membership in, and who was a member of, the retirement system maintained by such district, and if such employee’s contributions to such retirement system were returned to the employee when the employee was employed in the program, the employee shall have the right to elect, by written document filed with the Board of Administration, Public Employees’ Retirement System, at any time within 90 days after the date upon which the notice of the right to make that election is mailed by such system, either to the member’s latest address on file in the office of such system, or to the office of the governing board of such agency or agencies, and prior to the date of retirement, to contribute to such system, subject to minimum payments fixed by the Board of Administration, and in one or more sums, or in not to exceed 60 monthly payments, an amount which, when added to the employee’s accumulated contributions, including interest, transferred as required in paragraph (1) of subdivision (b) of Section 24810, will make a total amount equal to the accumulated contributions, including interest, which would have been credited to the employee in such plan, if the employee had never had their contributions returned. Such employee shall pay to the Public Employees’ Retirement System interest on the unpaid balance of the amount payable to such system, beginning with the date of transfer, at the rate of interest currently used from time to time under the system. If such employee elects to make, and makes, such contributions and pays such interest, but not otherwise, the employee shall receive credit under such employees’ system, as state service, for all prior service rendered while the employee was not a member of such plan. (Added by renumbering Section 8369 by Stats. 2021, Ch. 116, Sec. 200. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 12. Child Development Program Personnel Qualifications [8295 - 8305] SECTION 8305. Source version: id_2fc01804-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=12. The Commission on Teacher Credentialing shall establish standards for the issuance of the permits herein provided for. The standards may be changed from time to time, but changes therein shall not affect then valid permits issued to persons. (Added by renumbering Section 8370 by Stats. 2021, Ch. 116, Sec. 201. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8306. Source version: id_3bd6ba96-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. It is the intent of the Legislature to authorize an appeal process for the resolution of disputes between the department and local agencies which contract with the department pursuant to Section 8233 to provide preschool services or to furnish property, facilities, personnel, supplies, equipment and administrative services. (Added by renumbering Section 8401 by Stats. 2021, Ch. 116, Sec. 205. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8307. Source version: id_48157e98-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. (a) The department shall provide an internal appeal procedure to resolve a dispute between the department and a contracting agency providing preschool services pursuant to Section 8233 regarding the interpretation or application of a term or condition of a contract, or to dispute a finding made by the department resulting from a fiscal or programmatic review, including, but not limited to, an error rate notification. (b) A contracting agency shall have the right to appeal the findings of a fiscal or programmatic review, including, but not limited to, an error rate finding, by submitting a request for appeal in accordance with the internal appeal procedure developed by the department pursuant to subdivision (a). (Added by renumbering Section 8401.5 by Stats. 2021, Ch. 116, Sec. 206. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8309. Source version: id_543e97ba-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. (a) The department shall provide an independent appeal procedure to each contracting agency providing preschool services pursuant to Section 8233 that shall be conducted by the Office of Administrative Hearings and shall be provided upon an appeal petition of the contracting agency in any of the following circumstances: (1) Termination of a contracting agency’s contract. (2) Denial of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s contracted payment for services schedule. (3) Demand for remittance of an overpayment of more than 4 percent or twenty-five thousand dollars ($25,000), whichever is less, of a local contracting agency’s annual contract. (b) Before filing an appeal petition for an action taken pursuant to paragraph (2) or (3) of subdivision (a), the contracting agency shall have submitted all previously required standard monthly or quarterly reporting forms to the department. (Added by renumbering Section 8402 by Stats. 2021, Ch. 116, Sec. 207. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8310. Source version: id_60662a3c-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. All hearings required by Section 8309 shall be conducted according to the provisions of the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), except as otherwise directed in this article. (Added by renumbering Section 8403 by Stats. 2021, Ch. 116, Sec. 208. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8311. Source version: id_6c9e859e-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. The Office of Administrative Hearings shall, by June 30, 1982, adopt regulations governing the hearings, which shall include all of the following: (a) Deadlines for filing petitions, commencing hearings and rendering decisions. (b) Notice to affected parties. (c) The manner for maintaining appropriate provision for electronic recording and transcription, if necessary. (d) Hearings shall be conducted at the offices of the Office of Administrative Hearings in Sacramento or Los Angeles. However, hearings in Los Angeles shall be available only to local contracting agencies with the department whose annual contracts total less than two hundred thousand dollars ($200,000). (e) Any other issues deemed appropriate by the Office of Administrative Hearings. (Added by renumbering Section 8404 by Stats. 2021, Ch. 116, Sec. 209. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8312. Source version: id_78df4570-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. The determination of the hearing examiner shall be the final administrative determination to be afforded the local contracting agency. (Added by renumbering Section 8405 by Stats. 2021, Ch. 116, Sec. 210. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8313. Source version: id_85122292-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. All actions by the department, as defined in subdivisions (a) to (c), inclusive, of Section 8309 shall be preceded by a written notice of action to the local contracting agency which shall include the following: (a) A statement of the specific reasons for the action in the Statement of Issues. (b) A description of the local contracting agency’s rights and responsibilities concerning the appeal procedure described herein. (Added by renumbering Section 8406 by Stats. 2021, Ch. 116, Sec. 211. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8314. Source version: id_914e4e84-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. (a) The Superintendent shall establish a contract classification system for purposes of identifying, monitoring, and providing technical assistance to contractors as follows: (1) Clear contract.This designation shall be given to a contract that is neither a provisional contract, as described in paragraph (2), nor a conditional contract, as described in paragraph (3). (2) Provisional contract.This designation applies to an agency’s first contract for any particular service or to the contract of an existing contracting agency for a new, modified, or different type of service. The timeframe of a provisional contract is at the discretion of the department and is given to ensure that the contracting agency can demonstrate fiscal and programmatic compliance before the contract is designated as a clear contract. The contract status shall be reviewed annually. (3) Conditional contract.This designation applies to a high-risk contract awarded to a contracting agency that evidences fiscal or programmatic noncompliance, or both fiscal and programmatic noncompliance. A contracting agency with one or more contracts designated as conditional is deemed to be on conditional status with the department for all preschool program purposes and is subject to any restrictions deemed reasonable to secure compliance. The conditional contract shall include a bill of particulars detailing the items of noncompliance, the standards that must be met to avoid termination of contract and to qualify the agency for clear contract status, and technical assistance plan. Failure to demonstrate substantive progress toward fiscal or program compliance within six months of that designation shall constitute a breach of contract and may subject the contract to termination for any applicable cause specified in Section 8315 or 8317, in accordance with Section 8309. (b) Agencies with conditional contracts shall receive technical assistance from the department. (c) Notwithstanding subdivision (b), technical assistance shall be provided to any contracting agency making a written request to its assigned consultant or administrator within 60 days of receipt of the request. (Added by renumbering Section 8406.6 by Stats. 2021, Ch. 116, Sec. 212. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8315. Source version: id_9d7f56e6-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. (a) A contracting agency that evidences any of the following acts or omissions may have its contract or contracts immediately terminated if there is documented evidence of the acts or omissions, and upon review and recommendation of the general counsel of the department: (1) Fraud, or conspiracy to defraud. (2) Misuse or misappropriation of state or federal funds, including a violation of Section 8316. (3) Embezzlement. (4) Threats of bodily or other harm to a state official. (5) Bribery or attempted bribery of a state official. (6) Unsafe or unhealthy physical environment or facility. (7) Substantiated abuse or molestation of children. (8) Failure to report suspected child abuse or molestation. (9) Theft of supplies, equipment, or food. (10) Cessation of operations without the permission of the department, or acts or omissions evidencing abandonment of the contract or contracts. (11) Failure of a program operating pursuant to this chapter to pay salaries owed to employees, pay federal payroll tax, or fully reimburse a significant number of childcare providers, as determined by the department, for more than 15 days after the employee salaries, federal payroll taxes, or reimbursement payments were due, unless the failure is attributable to a delay in receiving apportionments from the state. (b) An agency whose contract is immediately terminated pursuant to this section retains appeal rights in accordance with Section 8309. (c) Notwithstanding any service provision in the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), a notice of immediate termination shall be served on the contracting agency by personal service or at the last address on file with the department, by overnight mail or certified mail. Service may be proved in the manner authorized in a civil action. Service by mail is complete at the time of deposit. (d) The department shall advise childcare and development contractors of the provisions of this section within 30 working days of the effective date of the act amending this section during the 2013–14 Regular Session of the Legislature. (Added by renumbering Section 8406.7 by Stats. 2021, Ch. 116, Sec. 213. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8316. Source version: id_aa91e5a8-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. (a) An agency that has in place or places a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds, or a state or federal crime involving moral turpitude, may have its contract immediately terminated pursuant to Section 8315 if there is documented evidence of the conviction, and upon review and recommendation of the general counsel of the department. (b) For purposes of this section, “position of fiscal responsibility or control” includes any authority to direct or control expenditure of, or any access to, state or federal preschool funds received pursuant to this chapter whether that authority or access is conferred based on the person’s status as an employee, director, manager, board member, or volunteer, or based on any other status. (c) If the agency provides evidence to the department, before the effective date given in the notice of immediate termination, that the convicted person has been removed from the position of fiscal responsibility or control and provides assurance that the person will not be returned to a position of fiscal responsibility or control, the department shall withdraw the termination action. (Added by renumbering Section 8406.9 by Stats. 2021, Ch. 116, Sec. 214. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8317. Source version: id_b6d5d9ca-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. Except for causes listed in Sections 8315 and 8316, termination of a California state preschool program contract shall not occur without good cause and without notice as described in Section 8313 at least 90 days before the effective date given in the notice of termination. (Added by renumbering Section 8407 by Stats. 2021, Ch. 116, Sec. 215. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8318. Source version: id_c3153a0c-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. Actions as defined in subdivision (a) of Section 8309 shall remain in effect during the appeal process. However, local contracting agencies may continue to operate under the contract during an appeal of termination, unless the action is an immediate termination action taken pursuant to Section 8315 or 8316, in which case a contracting agency shall not continue to operate under the contract after the effective date given in the notice of immediate termination. (Added by renumbering Section 8408 by Stats. 2021, Ch. 116, Sec. 216. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13. Administrative Review [8306 - 8319] SECTION 8319. Source version: id_cf3e050e-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13. All contracts entered into by the department pursuant to Section 8233 shall contain a complete description of the appeal procedures provided in this article. (Added by renumbering Section 8409 by Stats. 2021, Ch. 116, Sec. 217. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13.1. California Universal Preschool Planning Grant Program [8320- 8320.] SECTION 8320. Source version: id_2504fd42-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13.1. (a) The California Universal Preschool Planning Grant Program is hereby established with the goal of expanding access universally to preschool programs for three- and four-year-old children across the state through a mixed-delivery system. (b) As used in this section, the following definitions shall apply: (1) “Children with exceptional needs” has the same meaning as defined in Section 8205. (2) “Mixed-delivery system” means a system of early childhood education services that is delivered through a variety of providers, programs, and settings, including Head Start agencies or delegate agencies funded under the Head Start Act (42 U.S.C. Sec. 9831, et seq.), public, private, or proprietary agencies, including community-based organizations, public schools, and local educational agencies that offer center-based childcare and preschool programs, tribal childcare and preschool, and family childcare through a family childcare home education network. (3) “Three- and four-year-old children” has the same meaning as “three-year-old children” and “four-year-old children,” as those terms are defined in Section 8205. (4) “Universal preschool” means those programs that offer part-day or full-day, or both, educational programs for three- and four-year-old children, and may be offered through a mixed-delivery system. (c) (1) (A) Pursuant to an appropriation in the annual Budget Act, for each of the 2022–23, 2023–24, and 2024–25 fiscal years, the Superintendent shall consult with the Director of Social Services and shall create an application to award grant funds to one designated lead agency within each county, as set forth in this section. Each county shall submit a single planning grant application. (B) The county grant submission shall contain a signed agreement from the resource and referral agencies in the county and the local planning council. (2) (A) (i) A local planning council established pursuant to Article 2 (commencing with Section 10485) of Chapter 31 of Part 1.8 of Division 9 of the Welfare and Institutions Code shall have first priority for grant awards from their county’s allocation of funds calculated for each county, as described paragraph (1) of subdivision (d). (ii) A local planning council shall express interest by submitting a letter of intent to the department on a template developed by the Superintendent in consultation with the State Department of Social Services. (iii) If a local planning council wishes to partner with other counties in their region pursuant to subdivision (j), the local planning council shall indicate this intent in their letter of intent. (B) (i) In counties where the local planning council does not submit a letter of intent to receive an award, a resource and referral agency established pursuant to Chapter 2 (commencing with Section 10217) of Part 1.8 of Division 9 of the Welfare and Institutions Code that operates in the county may submit a joint letter of intent with the local planning council to the Superintendent, on a template developed by the Superintendent in consultation with the State Department of Social Services, indicating interest in conducting the activities of this grant in their county. (ii) The joint letter submitted pursuant to clause (i) shall designate a lead fiscal agency and describe the partnership the resource and referral agencies will use to meet the requirements of the grant. (iii) If a resource and referral agency wishes to partner with other counties in their region pursuant to subdivision (j), the resource and referral agency shall indicate this intent in their letter of intent. (C) Once letters of intent have been submitted, the Superintendent shall require the designated lead agency from each county to submit an application that includes, but is not limited to, all of the following information: (i) A description of how it will allocate funds and achieve tasks described in subdivision (f). (ii) A description of how the applicant will partner with the county office of education and other local educational agencies in the county on the work required pursuant to Section 8281.5, to ensure activities conducted under this grant meet community needs for universal preschool in a mixed-delivery system not already addressed. (D) All grantees shall be required to coordinate with the county office of education on the work required pursuant to Section 8281.5. In counties where the county office of education operates the resource and referral agency or the local planning council, the staff responsible for those activities at the county office of education shall be included and financially supported to participate in the activities of this grant. (E) The grantee shall form a single working group that shall include, but not be limited to, representatives from the county offices of education, school districts, charter schools offering transitional kindergarten, resource and referral programs, alternative payment programs operating preschool programs, First 5 county commissions, contracted state preschool programs, including both local educational agency and community-based organization programs, general childcare programs serving preschool-age children, tribal preschool programs, private center-based childcare preschool providers, licensed family childcare providers, educators, exclusive bargaining representatives, Head Start, faculty at local institutions of higher education focusing on child development or early childhood education, and early childhood education teacher preparation programs, including institutions of higher education. (d) The Superintendent shall develop and administer a grant process and award grant funds to each county that applies for funding for the 2022–23 fiscal year if the application conforms with the requirements of this section. Funds shall be allocated using a methodology for determining the amount of funds in each county that accounts for all of the following: (1) (A) Base grant funding that reflects the number of three- and four-year-old children in the county or region. (B) Add-on funding that reflects both of the following: (i) The number of three- and four-year-old children in the county or region who are currently eligible for, but not enrolled in, subsidized preschool programs as part of the mixed-delivery system for universal preschool, as determined by the Superintendent. (ii) The number of three- and four-year-old children with exceptional needs in the county or region. (2) To the extent funds are available in the Budget Act of 2023, existing grantees shall be eligible to apply for a renewal grant subject to terms and conditions developed by the Superintendent. (3) (A) To the extent funds are available in the Budget Act of 2024, the following entities shall be eligible to apply for a grant subject to terms and conditions developed by the Superintendent: (i) Existing grantees. (ii) Newly formed consortia. (iii) Individual counties that participated in a former consortium for this grant, with the first priority for the funds going to the local planning council, pursuant to the process described in subdivision (c), as appropriate. (B) Notwithstanding subparagraph (A), in a county that previously received funds from this grant, where the previous grantee or consortia of grantees does not intend to reapply for funding pursuant to subparagraph (A), the following entities shall be eligible to apply as part of an existing or newly formed consortia, with the following priority order: (i) The local planning council. (ii) Resource and referral agencies. (iii) First 5 county commissions. (C) If an entity applies for the grant pursuant to subparagraph (B), the grant submission shall include a signed statement, from all entities within the county with a higher priority and within the same priority, that acknowledges their intent not to apply for the funds. (D) An entity receiving funds pursuant to this paragraph shall complete all activities of the grant pursuant to subparagraph (D) of paragraph (2) of subdivision (c), subparagraph (E) of paragraph (2) of subdivision (c), and subdivision (f). (E) The entity applying for funds in each county pursuant to this paragraph shall express interest by submitting a letter of intent to the department on a template developed by the Superintendent, before submitting the request for data. (F) Each county shall submit a single planning grant application for the relevant fiscal year. (G) If funds are awarded pursuant to this paragraph to a First 5 county commission, the First 5 county commission shall collaborate with, and subgrant funds, where appropriate, to local planning councils and resource and referral agencies to implement the activities of this section. (4) (A) For the 2026–27 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies pursuant to subparagraph (B). These funds shall be available for encumbrance until June 30, 2032. (B) Existing local educational agency grantees or new local educational agency consortia lead agencies shall be eligible to apply for a renewal grant or new grant, respectively, subject to terms and conditions developed by the Superintendent, which shall include, but not be limited to, a one-to-one funding match requirement. (e) Grant funds may be used for costs associated with any of the following: (1) Assessing the parental preferences and the need for access to available high-quality universal preschool through a mixed-delivery system for three- and four-year-old children in the county or region by program type. (2) Establishing or strengthening partnerships with other providers of early childhood education services and family childcare home education networks within the county or region’s mixed-delivery system and with tribal partners, to ensure that high-quality options for universal preschool, including inclusive preschool programs and multilingual programs, are available for three- and four-year-old children. (3) Engaging in community-level coordination and planning with agencies participating in the county or region’s mixed-delivery system to implement high-quality universal preschool options. (4) Coordinating with special education local and regional partners, including regional centers and local educational agencies, to ensure three- and four-year-old children with exceptional needs in the county or region have access to universal preschool through the mixed-delivery system in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code. (5) Partnering with the regional agency responsible for the system described in Section 8203.1 to fund and support workforce development, coaching, and other quality improvement activities to support the universal preschool mixed-delivery system. (6) Other costs, as specified by the Superintendent. (f) Entities receiving grants pursuant to this subdivision shall do all of the following: (1) Plan for the provision of high-quality universal preschool options for three- and four-year-old children, through a mixed-delivery system that ensures access to high-quality full- and part-day learning experiences, coordinated services, and referrals for families to access health and social-emotional support services. Indicators of quality shall be determined by the Superintendent pursuant to Section 8203. (2) Plan for increasing inclusion of children with exceptional needs in universal preschool. (3) Assist existing and aspiring universal preschool site supervisors, teachers, and other support staff in identifying and accessing local workforce pathway programs, including financial support programs, to increase the number of site supervisors, teachers, and other support staff who have required credentials and degrees. (4) Provide outreach services and enrollment support for families of three- or four-year-old children, to meet family needs and provide those children with high-quality full- and part-day learning experiences. (5) Partner to plan for, align and coordinate the plans, and conduct the activities described in paragraphs (1) to (4), inclusive, with all local educational agencies in the county or region that received funding pursuant to the California Prekindergarten Planning and Implementation Grant Program (Article 13.2 (commencing with Section 8281.5)). (6) Partner with tribes to reflect family and tribal community needs, as sovereign nations, in the planning and implementation of the universal preschool mixed-delivery system. (7) Commit to providing program data to the department, as specified by the Superintendent, including, but not limited to, plan development steps and participants engaged in the grant activities and planning, core needs of critical communities, including tribal communities, and recipient information and participation in overall program evaluation. (8) Develop a plan for consideration by the county board of education at a public meeting on or before June 30, 2023, for how all four-year-old children and an increased number of at-promise three-year-old children in the county may access full-day learning programs before kindergarten that meet the needs of parents, including through partnerships with the universal preschool programs in the mixed-delivery system and expanded learning offerings. (g) If the entity receiving the grant in a county is a local planning council, the local planning council shall collaborate with, and subgrant funds where appropriate to, local resource and referral agencies to implement the activities of this section. (h) If the entity receiving the grant in a county is a resource and referral agency, the resource and referral agency shall collaborate with, and subgrant funds where appropriate to, the local planning council to implement the activities of this section. (i) (1) Funds that are allocated or awarded pursuant to this section shall be expended on or before June 30, 2032. Notwithstanding any other law, on June 30, 2032, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund. (2) The department shall initiate collection proceedings for grant funds used by grantees in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subdivision (f). (j) This section does not prohibit counties from joining together to address regional needs with their funding and developing regional plans. (k) The Superintendent shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2029, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this section. (l) For purposes of this section, the State Department of Education may enter into exclusive or nonexclusive contracts with nongovernmental entities on a bid or negotiated basis. A contract entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. (m) Notwithstanding any other law, a contracted nongovernmental entity described in subdivision (l) may subcontract as necessary in the performance of its duties, subject to approval of the Superintendent. (n) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (o) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by paragraph (4) of subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 11. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 13.2. California Prekindergarten Planning and Implementation Grant Program [8281.5- 8281.5.] SECTION 8281.5. Source version: id_13d8a080-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=13.2. (a) The California Prekindergarten Planning and Implementation Grant Program is hereby established as a state early learning initiative with the goal of expanding access to developmentally appropriate classroom-based preschool and prekindergarten programs at local educational agencies. (b) For the 2021–22 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2024. (c) (1) Of the total amount appropriated under subdivision (b), the department shall allocate two hundred million dollars ($200,000,000) in the 2021–22 fiscal year to local educational agencies as follows: (A) A minimum base grant to all local educational agencies that operate kindergarten programs as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2020–21 certification, as follows: (i) For local educational agencies with an enrollment of 1 to 23 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000). (ii) For local educational agencies with an enrollment of 24 to 99 pupils, inclusive, the minimum base grant shall be fifty thousand dollars ($50,000). (iii) For local educational agencies with an enrollment of 100 or more pupils, the minimum base grant shall be one hundred thousand dollars ($100,000). (B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building. (C) Of the remaining funds after allocations under subparagraphs (A) and (B): (i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2019–20 fiscal year, as applied to the total amount of program funds available for the enrollment grant. For purposes of this clause, the total statewide kindergarten enrollment shall be calculated using the California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2019–20 fiscal year for each local educational agency. (ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2019–20 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574 certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant. (D) Notwithstanding any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence. (2) Grant funds may be used for costs associated with creating or expanding California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for four-year-old children. Allowable costs include, but are not necessarily limited to, planning costs, hiring and recruitment costs, staff training and professional development, classroom materials, and supplies. (3) Local educational agencies receiving grants pursuant to this subdivision shall do both of the following: (A) Commit to providing program data to the department, as specified by the department, including, but not limited to, recipient information and participating in overall program evaluation. (B) Develop a plan for consideration by the governing board or body at a public meeting on or before June 30, 2022, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs. (4) (A) Funds that are allocated or awarded pursuant to this subdivision shall be expended by June 30, 2028. Notwithstanding any other law, on June 30, 2030, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund. (B) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to paragraph (3). (C) The department may allocate or prorate any returned or collected funds pursuant to this subdivision for the purposes provided in subdivision (e). (d) (1) For the 2022–23 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2026. The department shall allocate funds to local educational agencies as follows: (A) A minimum base grant to all local educational agencies that operate kindergarten programs, as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2021–22 certification, as follows: (i) For local educational agencies with an enrollment of 1 to 500 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000). (ii) For local educational agencies with an enrollment of 501 or more pupils, the minimum base grant shall be fifty thousand dollars ($50,000). (B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building. (C) Of the funds remaining after the allocations pursuant to subparagraphs (A) and (B): (i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2021–22 fiscal year, as applied to the total amount of program funds available for the enrollment grant. For purposes of this clause, the total statewide kindergarten enrollment shall be calculated using the California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2020–21 fiscal year for each local educational agency. (ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment minus the transitional kindergarten program enrollment for the 2020–21 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574, as applicable, and certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant. (D) Notwithstanding any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence. (2) Grant funds may be used for costs associated with creating or expanding California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for children four years of age. Allowable costs shall include, but are not necessarily limited to, classroom operating costs, planning costs, hiring and recruitment costs, staff training and professional development, classroom materials, and supplies. (3) Local educational agencies receiving grants pursuant to this subdivision shall do all of the following: (A) Commit to providing program data to the department, as specified by the department, including, but not limited to, recipient information and participating in overall program evaluation. (B) If the local educational agency did not develop the plan required pursuant to subparagraph (B) of paragraph (3) of subdivision (c), develop a plan for consideration by the governing board or body at a public meeting on or before March 30, 2023, for how all children in the attendance area of the local educational agency will have access to full-day learning programs the year before kindergarten that meet the needs of parents, including through partnerships with the local educational agency’s expanding learning offerings, the After School Education and Safety Program, the California state preschool program, Head Start programs, and other community-based early learning and care programs. A plan developed pursuant to this subparagraph satisfies the requirements of subparagraph (B) of paragraph (3) of subdivision (c). (C) Ensure expenditures are consistent with their local plan adopted pursuant to subdivision (c). (D) Commit to planning with their county’s local planning council, local tribes, and the California state preschool program and Head Start program providers in their region. (E) Offer transitional kindergarten to all eligible pupils interested in transitional kindergarten within their attendance area by the 2025–26 school year. (4) (A) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2028. Notwithstanding any other law, on June 30, 2030, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund. (B) The department may allocate or prorate any returned or collected funds pursuant to this subdivision for the purposes provided in subdivision (e). (5) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subparagraph (A) of paragraph (3). (e) (1) For the 2026–27 fiscal year, the sum of two hundred million dollars ($200,000,000) is hereby appropriated from the General Fund to the department for allocation to local educational agencies for the California Prekindergarten Planning and Implementation Grant Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2032. The department shall allocate funds to local educational agencies as follows: (A) A minimum base grant to all local educational agencies that operate kindergarten programs, as determined using California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment from the 2025–26 certification, as follows: (i) For local educational agencies with an enrollment of 1 to 500 pupils, inclusive, the minimum base grant shall be twenty-five thousand dollars ($25,000). (ii) For local educational agencies with an enrollment of 501 or more pupils, the minimum base grant shall be fifty thousand dollars ($50,000). (B) A minimum base grant for each county office of education of fifteen thousand dollars ($15,000) for each local educational agency in their county that operates kindergarten programs to support countywide planning and capacity building. (C) Of the funds remaining after the allocations pursuant to subparagraphs (A) and (B): (i) Sixty percent shall be available as enrollment grants. These grants shall be allocated based on the local educational agency’s proportional share of total California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2025–26 fiscal year, as applied to the total amount of program funds available for the enrollment grant. (ii) Forty percent shall be available as supplemental grants. These grants shall be allocated based on the local educational agency’s California Longitudinal Pupil Achievement Data System Fall 1 kindergarten enrollment for the 2025–26 fiscal year, multiplied by the local educational agency’s unduplicated pupil percentage, as calculated pursuant to subdivision (b) of Section 42238.02 or subdivision (b) of Section 2574, as applicable, and certified as of the second principal apportionment. Funds for this purpose shall be distributed percent-to-total from funds available for the supplemental grant. (D) Notwithstanding any other law, any kindergarten enrollment reported by a county office of education shall be attributed to the school district of geographic residence. (2) (i) Grant funds may be used for costs associated with creating or expanding developmentally appropriate California state preschool programs or transitional kindergarten programs, or to establish or strengthen partnerships with other providers of prekindergarten education within the local educational agency, including Head Start programs, to ensure that high-quality options for prekindergarten education are available for children four years of age. Allowable costs shall include, but are not necessarily limited to, planning costs, hiring and recruitment costs, staff training and professional development, developmentally appropriate classroom materials and furnishings, and supplies. (ii) It is the intent of the Legislature that local educational agencies support ongoing professional development for preschool and transitional kindergarten educators and site administrators on developmentally appropriate curricula pursuant to Section 48000 and best practices in the classroom, including, but not limited to, behavioral supports and early childhood behavioral interventions. (iii) It is further the intent of the Legislature that local educational agencies use funds pursuant to this subdivision to increase the number of highly qualified teachers, classroom aides, and site administrators available to serve California state preschool programs and transitional kindergarten pupils, and to provide California state preschool program, transitional kindergarten, and kindergarten teachers with training in providing instruction in inclusive classrooms, culturally responsive instruction, supporting dual language learners, enhancing social-emotional learning, implementing trauma-informed practices and restorative practices, and mitigating implicit biases to eliminate exclusionary discipline, pursuant to this subdivision. (3) Local educational agencies receiving grants pursuant to this subdivision shall do all of the following. (A) Commit to providing program data to the department, as specified by the department, including, but not limited to, recipient information and participating in overall program evaluation. (B) Ensure expenditures are consistent with their local plan adopted pursuant to subdivision (c). (C) Commit to planning with their county’s local planning council, local tribes, and the California state preschool program and Head Start program providers in their region. (D) Offer transitional kindergarten to all eligible pupils interested in transitional kindergarten within their attendance area. (E) Offer full day transitional kindergarten on any schoolsite offering kindergarten. (4) (A) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2032. Notwithstanding any other law, on June 30, 2032, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund. (B) The department may allocate or prorate any returned or collected funds pursuant to this subdivision for the purposes provided in subdivision (e). (5) The department shall initiate collection proceedings for grant funds used by local educational agencies in a manner inconsistent with the requirements of this section, including, but not limited to, failing to submit all required data pursuant to subparagraph (A) of paragraph (3). (6) It is the intent of the Legislature that local educational agencies support California state preschool programs to transition their service models to offer full-day, high-quality preschool services for three-year-old children, and support Head Start programs to transition to Early Head Start service models for infants and toddlers. (7) It is further the intent of the Legislature, that local educational agencies offer full-day transitional kindergarten at all schoolsites offering kindergarten enrollment, and offer full-day kindergarten for all children in the year before first grade enrollment. (f) (1) (A) Of the total amount appropriated under subdivision (b), the department shall award one hundred million dollars ($100,000,000) in competitive grants to local educational agencies to increase the number of highly-qualified teachers available to serve California state preschool programs and transitional kindergarten pupils, and to provide California state preschool program, transitional kindergarten, and kindergarten teachers with training in providing instruction in inclusive classrooms, culturally responsive instruction, supporting dual language learners, enhancing social-emotional learning, implementing trauma-informed practices and restorative practices, and mitigating implicit biases to eliminate exclusionary discipline, pursuant to this section. These funds shall be available for encumbrance until June 30, 2024. (B) Any funds allocated for purposes of this subdivision pursuant to subparagraph (C) of paragraph (4) of subdivision (c) or subparagraph (B) of paragraph (4) of subdivision (d) shall be available for encumbrance through June 30, 2030. (2) The department shall develop and administer a process to award grants under paragraph (1), subject to approval of the executive director of the state board, on a competitive basis to local educational agencies. To apply for a grant, a local educational agency shall submit an application to the department describing how it will allocate funds and increase either the number of credentialed teachers meeting the requirements of subdivision (g) of Section 48000, or the competencies of California state preschool programs, transitional kindergarten, and kindergarten teachers to enhance their ability to provide instruction in inclusive classrooms, provide culturally responsive instruction, support dual language learners, enhance social-emotional learning, implement trauma-informed and restorative practices, and mitigate implicit biases to eliminate exclusionary discipline. (3) A local educational agency may apply on behalf of a consortium of providers within the local educational agency’s program area, including California state preschool programs and Head Start programs operated by community-based organizations. (4) An applicant shall demonstrate all of the following to be considered for a grant award: (A) A need for preschool and transitional kindergarten or kindergarten professional development in a region. (B) A need for preschool and transitional kindergarten teachers in a region. (C) The presence of, or plan to create, inclusive classroom settings. (D) The ability to connect the preschool, transitional kindergarten, or kindergarten program to before and after school programs and extended day services. (E) A plan to integrate preschool, transitional kindergarten, and kindergarten professional development opportunities. (F) A plan for recruiting new preschool, transitional kindergarten, or kindergarten teachers with experience in early learning and care settings and collaborating with institutions of higher education to ensure a qualified prekindergarten teacher pipeline. (G) A plan for how principals and administrators overseeing the transitional kindergarten program, or other prekindergarten program, will receive training and professional development on the value and tenets of effective instruction for young children. (5) In awarding grants under paragraph (1), the department shall establish a methodology that accounts for all of the following: (A) The percentage of transitional kindergarten and kindergarten pupils eligible for free and reduced-price meals. (B) The percentage of dual language learners that the local educational agency is serving or is planning to serve in a California state preschool program or transitional kindergarten program. (C) The percentage of pupils with disabilities the local educational agency is serving or planning to serve in an inclusive California state preschool program or transitional kindergarten program. (D) The percentage of pupils served, or planned to be served, in full-day California state preschool, transitional kindergarten, or kindergarten programs offered by the local educational agency or community-based organizations. (E) The extent to which applicants operate in an attendance area where a significant disproportionality of particular races or ethnicities, as described in Section 1418(d) of Title 20 of the United States Code, has been identified in special education. (F) The extent to which the local educational agency is located in an area that has more than three young children, three to five years of age, inclusive, for every licensed childcare slot. (G) The extent to which applicants plan to partner with community-based California state preschool programs and Head Start programs in their program area to ensure those teachers have access to professional development along with teachers employed by the local educational agency. (6) Grants awarded under paragraph (1) for professional development may be used for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners. Professional development grant funds shall be used for any of the following purposes: (A) Tuition, supplies, and other related educational expenses. (B) Transportation and childcare costs incurred as a result of attending classes. (C) Substitute teacher pay for California state preschool program, transitional kindergarten, and kindergarten professionals that are currently working in a California state preschool program, transitional kindergarten, or kindergarten classroom. (D) Stipends and professional development expenses, as determined by the Superintendent. (E) Career, course, and professional development coaching, counseling, and navigation services. (F) Linked courses, cohorts, or apprenticeship models. (G) Training and professional development for principals and other administrators of transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, on the value and tenets of effective instruction for young children. (H) Other educational expenses, as determined by the Superintendent. (7) Local educational agencies awarded funding pursuant to paragraph (1) may partner with local or online accredited institutions of higher education or local agencies that provide high-quality or credit-bearing trainings, or apprenticeship programs that integrate and embed higher education coursework with on-the-job training of professionals. (8) Professional learning provided pursuant to this subdivision shall, as applicable, be aligned to the preschool learning foundations and academic standards pursuant to Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.8, and 60605.11, as those sections read on June 30, 2020, and former Section 60605.85, as that section read on June 30, 2014. (9) Local educational agencies receiving grants under this subdivision shall commit to providing program data to the department, as specified by the department, including, but not necessarily limited to, recipient information, including demographic information, educational progress, and the type of courses taken, and participating in overall program evaluation. (10) The department shall provide a report to the Department of Finance and the appropriate policy and fiscal committees of the Legislature on or before October 1, 2024, on the expenditure of funds and relevant outcome data in order to evaluate the impact of the grants awarded under this subdivision. (11) (A) Funds allocated or awarded pursuant to this subdivision shall be expended by June 30, 2028. Notwithstanding any other law, on June 30, 2029, any unexpended funds of the amount awarded for purposes of this subdivision shall revert to the General Fund. (B) Notwithstanding subparagraph (A), any unexpended funds allocated for purposes of this subdivision pursuant to subparagraph (C) of paragraph (4) of subdivision (c) and subparagraph (B) of paragraph (4) of subdivision (d) shall be expended by June 30, 2030. Notwithstanding any other law, any unexpended funds of the amount awarded for purposes of subparagraph (C) of paragraph (4) of subdivision (c) and subparagraph (B) of paragraph (4) of subdivision (d) shall revert to the General Fund on June 30, 2031. (g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (e) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 10. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8325. Source version: id_db7723c0-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. The department shall develop an annual calendar identifying target dates for contract application deadlines, contract award announcements, contract approvals, and contract evaluations. Each calendar shall be available to the public and shall be updated at least annually. (Added by renumbering Section 8440 by Stats. 2021, Ch. 116, Sec. 220. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8326. Source version: id_e84c0d42-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. The department shall develop and maintain a central distribution list for application announcements. (Added by renumbering Section 8441 by Stats. 2021, Ch. 116, Sec. 221. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8327. Source version: id_f4835734-f020-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. Application announcements shall contain, but not be limited to, the following information: the goals and objectives of the program, identification of the specific minimum range of services to be purchased related to those goals, quantitative as well as qualitative measures that will be used by the department to evaluate service outcomes, specific criteria and a description of the methodology and timetable that will be followed to review and approve applications, and all minimum performance standards any agency is required to meet prior to contract approval. (Added by renumbering Section 8442 by Stats. 2021, Ch. 116, Sec. 222. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8329. Source version: id_008c8c46-f021-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. (a) The department shall include all of the following in the application announcement: (1) The time estimated for each step. (2) The specific staff names, office addresses, and telephone numbers for those responsible for each step. (3) The legal requirements and signatory approvals required prior to final approval of any contract. (4) Any conditions for advance payments shall also be identified. (b) This information shall be provided in any application announcement. (Added by renumbering Section 8443 by Stats. 2021, Ch. 116, Sec. 223. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8330. Source version: id_0c8b8828-f021-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. The department shall identify and transmit to all agencies awarded contracts forms required for contract payments, management information or reports required pursuant to contract objectives, and conditions and methods for contract evaluations. Methods and conditions for payment recoveries, withholding of payments, and contract terminations relating to nonperformance shall also be identified. This information shall be provided in all cases prior to final approval of any contract, unless the information is provided in the contract document. (Added by renumbering Section 8444 by Stats. 2021, Ch. 116, Sec. 224. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8331. Source version: id_1883310a-f021-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. The department shall develop a grievance procedure for resolving disputes arising from the awarding or administering of contracts, in addition to the remedies provided under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by renumbering Section 8445 by Stats. 2021, Ch. 116, Sec. 225. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8332. Source version: id_2494555c-f021-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. (a) The Legislature hereby finds and declares that greater efficiencies may be achieved in the execution of state subsidized preschool program contracts with public and private agencies by the timely approval of contract provisions by the Department of Finance, the Department of General Services, and the department and by authorizing the department to establish a multiyear application, contract expenditure, and service review as may be necessary to provide timely service while preserving audit and oversight functions to protect the public welfare. (b) The Department of Finance and the Department of General Services shall approve or disapprove annual contract funding terms and conditions, including the family fee schedules, and contract face sheets submitted by the department not more than 30 working days from the date of submission, unless unresolved conflicts remain between the Department of Finance, the department, and the Department of General Services. The department shall resolve conflicts within an additional 30 working day time period. Contracts and funding terms and conditions shall be issued to contractors no later than June 1. Applications for new preschool funding shall be issued not more than 45 working days after the effective date of authorized new allocations of preschool moneys. (c) With respect to subdivision (b), it is the intent of the Legislature that the Department of Finance annually review contract funding terms and conditions for the primary purpose of ensuring consistency between contracts and the budget. This review shall include evaluating any proposed changes to contract language or other fiscal documents to which the contractor is required to adhere, including those changes to terms or conditions that authorize higher reimbursement rates, modify related adjustment factors, modify administrative or other service allowances, or diminish fee revenues otherwise available for services, to determine if the change is necessary or has the potential effect of reducing the number of full-time equivalent children that may be served. (d) Notwithstanding the June 1 date specified in subdivision (b), changes to the fee schedule may be made at any other time to reflect the availability of accurate data necessary for its completion, provided it receives the approval of the Department of Finance. The Department of Finance shall review the changes within 30 working days of submission and the department shall resolve conflicts within an additional 30 working day period. Contractors shall be given adequate notice before the effective date of the approved schedules. It is the intent of the Legislature that contracts for services not be delayed by the timing of the availability of accurate data needed to update these schedules. (Added by renumbering Section 8447 by Stats. 2021, Ch. 116, Sec. 226. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8333. Source version: id_309cc71e-f021-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. The department may execute a multiyear application process. Multiyear applications may only be submitted by public and private agencies that have been fully compliant in executing prior contracts for at least the preceding three fiscal years as evidenced by all of the following: (a) No fiscal audit disclaimer. (b) No program quality deficiencies. (c) No contract compliance deficiencies. (d) No incidents of child abuse or molestation. (e) No program management, administrative, or staffing deficiencies. (f) Any other criteria as may be deemed necessary to safeguard the public trust. (Added by renumbering Section 8447.5 by Stats. 2021, Ch. 116, Sec. 227. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 14. Contract Procedures [8325 - 8334] SECTION 8334. Source version: id_854e3743-3e0c-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=14. (a) (1) The State Department of Education shall develop and implement a streamlined request for application process for existing California state preschool program contractors to be awarded new California state preschool program slots. (2) The State Department of Education shall collaborate with the State Department of Social Services to ensure the streamlined request for application process pursuant to paragraph (1) is, where applicable, similar to the streamlined request for application process in the general childcare and development program. (b) A contractor who meets any of the following conditions during a request for application cycle shall be ineligible for the streamlined request for application process: (1) The contractor is on conditional status because of fiscal or programmatic noncompliance. (2) The State Department of Education has conducted a review pursuant to Section 17794 of Title 5 of the California Code of Regulations and the contractor has failed to resolve items of fiscal and programmatic noncompliance identified in the review within 12 months of the issuance of the review report. (3) The State Department of Education has evidence that the contractor has not been able to successfully fulfill current contract requirements by serving children in a quality program and fiscally responsible manner. (4) As described in Section 8316, the contractor has in place or places, a person in a position of fiscal responsibility or control who has been convicted of a crime involving misuse or misappropriation of state or federal funds or a state or federal crime involving moral turpitude. (5) The State Department of Education reduced the contractor’s current year maximum reimbursement amount due to the contractor’s inability to utilize its full contract amount because of low enrollment or low expenditures for the same contract type. (6) The contractor was previously awarded state preschool program expansion funding and has not yet started to provide services with that funding. (7) The contractor has an outstanding accounts receivable balance with the State Department of Education. (8) The contractor has a delinquent audit pursuant to Section 17825 of Title 5 of the California Code of Regulations. (Added by Stats. 2024, Ch. 73, Sec. 16. (SB 163) Effective July 2, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 15. Contract Audit Requirements [8335 - 8336] SECTION 8335. Source version: id_163e7269-0200-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=15. As used in this article: (a) “Financial and compliance audit” means a systematic review or appraisal to determine each of the following: (1) Whether the financial statements of an audited organization fairly present the financial position and the results of financial operations in accordance with generally accepted accounting principles. (2) Whether the organization has complied with laws and regulations that may have a material effect upon the financial statements. (b) “Public accountants” means certified public accountants, or state licensed public accountants. (c) “Independent auditors” means public accountants who have no direct or indirect relationship with the functions or activities being audited or with the business conducted by any of the officials or contractors being audited. (d) “Generally accepted auditing standards” means the auditing standards set forth in the financial and compliance element of the “Government Auditing Standards” issued by the Comptroller General of the United States and incorporating the audit standards of the American Institute of Certified Public Accountants. (e) “Nonprofit organization” means an organization described in Section 501(c)(3) of the Internal Revenue Code of 1954 which is exempt from taxation under Section 501(a) of that code, or any nonprofit, scientific, or educational organization qualified under Section 23701d of the Revenue and Taxation Code. (f) (1) Annually, there shall be a single independent financial and compliance audit of organizations that contract with the department to provide preschool services or other support services under the jurisdiction of the department pursuant to this chapter. Any such audit shall include an evaluation of the accounting and control systems of the contractor and of the activities by the contractor to comply with the financial and compliance requirements of contracts received by the contractor from the state agency. The financial and compliance requirements to be reviewed during the audit shall be those developed and published by the department. Audits carried out pursuant to this section shall be audits of the contractor rather than audits of individual contracts or programs. In the case of any contractor that receives less than one hundred thousand dollars ($100,000) per year from any state agency, the audit required by this section shall be conducted biennially, unless there is evidence of fraud or other violation of state law in connection with the contract. The cost of the audit may be included in contracts. (2) The organization receiving funds from the state shall be responsible for obtaining the required financial and compliance audits of the organization and any subcontractors, except for subcontracts exempt from the department’s review, as agreed to by the Departments of Finance and General Services. The audits shall be made by independent auditors in accordance with generally accepted auditing standards. The audit shall be completed by the 15th day of the fifth month following the end of the contractor’s fiscal year. A copy of the required audit shall be filed with the department upon its completion. In the event an audit is not filed, the department shall notify the organization of the contract violation. The audit report filed shall be an integral part of the contract file. (g) (1) Nothing in this article limits the authority of the department to make audits of contracts. However, if independent audits arranged for by contractors meet generally accepted auditing standards, the department shall rely on those audits and any additional audit work shall build upon the work already done. (2) Nothing in this article precludes the state from conducting, or contracting for the conduct of, contract performance audits which are not financial and compliance audits. (3) Nothing in this article limits the state’s responsibility or authority to enforce state law or regulations, procedures, or reporting requirements arising pursuant thereto. (4) Nothing in this article limits the responsibility of the department to provide an independent appeal procedure according to the provisions of the Administrative Procedure Act in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2022, Ch. 62, Sec. 12. (AB 210) Effective June 30, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 15. Contract Audit Requirements [8335 - 8336] SECTION 8336. Source version: id_47861a92-f021-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=15. (a) All contractors are encouraged to develop and maintain a reserve within the child development fund, derived from earned but unexpended funds. Contractors may retain all earned funds, up to the reserve account maximum. For purposes of this section, “earned funds” are those for which the required number of eligible service units have been provided. (b) (1) Earned funds shall not be expended for activities proscribed by Section 8315. Earned but unexpended funds shall remain in the contractor’s reserve account within the child development fund and shall be expended only by programs that are funded under contract with the department. (2) A California state preschool program contracting agency may retain a reserve fund balance equal to 15 percent of the sum of the maximum reimbursable amounts of all California state preschool program contracts, or two thousand dollars ($2,000), whichever is greater. (c) Each contractor’s audit shall identify any funds earned by the contractor for each contract through the provision of contracted services in excess of funds expended. (d) Any interest earned on reserve funds shall be included in the fund balance of the reserve. This reserve fund shall be maintained in an interest-bearing account. (e) Moneys in a contractor’s reserve fund may be used only for expenses that are reasonable and necessary costs as defined in Section 8205. (f) Any reserve fund balance in excess of the amount authorized pursuant to subdivision (b) shall be returned to the department pursuant to procedures established by the department. (g) Upon termination of all child development contracts between a contractor and the department, all moneys in a contractor’s reserve fund shall be returned to the department pursuant to procedures established by the department. (h) Expenditures from, additions to, and balances in, the reserve fund shall be included in the contracting agency’s annual financial statements and audit. (Added by renumbering Section 8450 by Stats. 2021, Ch. 116, Sec. 230. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 16. Inclusive Early Education Expansion [8337- 8337.] SECTION 8337. Source version: id_39d08c48-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=16. (a) The Legislature finds and declares all of the following: (1) Early childhood inclusion embodies the values, policies, and practices that support the right of every infant and young child and their family, regardless of ability, to participate in a broad range of activities and contexts as full members of families, communities, and society. The desired results of inclusive experiences for children with and without disabilities and their families include a sense of belonging and membership, positive social relationships and friendships, and development and learning to reach their full potential. The defining features of inclusion that can be used to identify high-quality early childhood programs and services are access, participation, and supports. (2) In accordance with the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), all young children with exceptional needs should have access to inclusive high-quality early care and education programs where they are able to learn alongside children who do not have exceptional needs and are provided with individualized and appropriate supports to enable them to meet high expectations. (3) Inclusive early care and education programs can improve a child’s developmental progress and educational outcomes, especially for children with exceptional needs. (4) Interventions provided to children with exceptional needs, including children who are at risk of requiring services for pupils with exceptional needs, can be more effective when a child is younger. (5) Access to inclusive early care and education programs benefits communities and families, especially when programs are coordinated with public elementary and secondary education systems to create a developmental and educational continuum of support. (b) The Inclusive Early Education Expansion Program is hereby established for the purpose of increasing access to inclusive early care and education programs. (c) The sum of one hundred sixty-seven million two hundred forty-two thousand dollars ($167,242,000) is hereby appropriated from the General Fund to the Superintendent for allocation to local educational agencies for the Inclusive Early Education Expansion Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2023. (d) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the Superintendent for allocation to local educational agencies for the Inclusive Early Education Expansion Program pursuant to this section. These funds shall be available for encumbrance until June 30, 2027. (e) The department’s divisions for special education and early education programs shall work collaboratively to administer the program, including developing criteria for the selection of grantees. (f) At a minimum, an applicant shall be a local educational agency and shall include all of the following information in its grant application: (1) A proposal to increase access to subsidized inclusive early care and education programs for children up to five years of age, including those defined as “children with exceptional needs” pursuant to Section 8205, in low-income and high-need communities. “High-need” shall be defined pursuant to the county childcare needs assessment specified in Section 10486 of the Welfare and Institutions Code and other factors as determined by the Superintendent. The proposal shall quantify the number of additional subsidized children proposed to be served, including children with exceptional needs. (2) A plan to fiscally sustain subsidized spaces or programs created by grant funds beyond the grant period. Subsidies may be funded with private, local, state, or federal funds, but shall be able to demonstrate a reasonable expectation of sustainability. (3) (A) The identification of local resources to contribute 33 percent of the total award amount. The total award amount shall include state and local resources. Local resources may include in-kind contributions. (B) A school district shall provide 33 percent of the cost of the project. This subparagraph shall not apply to a school district that self-certifies that it meets the requirements for financial hardship pursuant to Section 17075.10. (4) The identification of resources necessary to support lead agency professional development to allow staff to develop the knowledge and skills required to implement effective inclusive practices and fiscal sustainability. (5) A description of the special education expertise that will be used to ensure the funds are used in a high-quality, inclusive manner. (g) This section does not prohibit a local educational agency from applying on behalf of a consortium of providers within the local educational agency’s program area, including public and private agencies that will provide inclusive early care and education programs on behalf of the applicant. (h) Grants shall be awarded on a competitive basis. Priority shall be given to all of the following: (1) Applicants with a demonstrated need for expanded access to inclusive early care and education. (2) Applicants in low-income communities and applicants that represent a consortium of local partners, including local special education partners and those with expertise in inclusive early learning and care environments. (3) Applicants who demonstrate the ability to serve a broad range of disabilities. (4) Applicants who do or plan to serve children with disabilities in proportion to their rate of identification similar to local educational agencies in their region. (i) Grants may be used for one-time infrastructure costs only, including, but not limited to, adaptive and universal design facility renovations, adaptive equipment, and professional development. Funds shall not be used for ongoing expenditures. (j) A grant recipient shall commit to provide program data and participate in overall program evaluation to ensure expanded access to inclusive environments, as specified by the department, as a condition of the receipt of grant funding. (k) The department may reserve up to 1 percent of the program funds to support an evaluation to address improved access, participation, and supports to inclusive early learning and care programs and program and child outcomes. (l) Commencing in the 2018–19 fiscal year, the department shall convene a stakeholder workgroup that includes, but is not limited to, representatives from the relevant divisions in the department, the State Department of Developmental Services, the State Interagency Coordinating Council on Early Intervention, local educational agencies, appropriate county agencies, regional centers, and resource and referral agencies. The workgroup shall be maintained through June 30, 2027, with the goal of providing continuous improvement in the inclusion of children with exceptional needs in early care and education settings. The department shall include representatives of local educational agencies participating in the Inclusive Early Education Expansion Program established in this section and county offices of education in this workgroup, when appropriate, to share challenges, barriers, and best practices. (m) Notwithstanding subdivision (d), the Superintendent may allocate up to ten million dollars ($10,000,000) of the amount appropriated pursuant to subdivision (d) to address state-level systems building and align local practice with the research and practice-based strategies that support inclusive fiscal and programmatic educational planning and best promote pupil outcomes and program quality. Specific activities shall include: (1) Providing technical assistance, practice-based coaching, and job-embedded professional learning to support grantees, as necessary, around inclusion, social-emotional well-being of children, and strategies to leverage all available funding for inclusive environments in early education and to promote comprehensive fiscal and programmatic strategic planning at the local level. (2) Developing culturally and linguistically responsive resources, as needed for grantees. (3) Providing regional supports for early education inclusion integrated into a California state preschool program support system. (4) Facilitation of the workgroup pursuant to subdivision (l). (n) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated in subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year. (o) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated in subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2025, Ch. 8, Sec. 7. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 17. Head Start [8340- 8340.] SECTION 8340. Source version: id_604c1d46-f021-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=17. The Legislature finds and declares all of the following: (a) The Congress has recognized the importance of the transfer from preschool to primary school. Section 642A of Title VI of Subtitle A of Chapter 8 of Subchapter B of the federal Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35) was enacted to require grantees of federal Head Start funds to take steps to coordinate with and involve the local educational agency serving the community, including, but not limited to, all of the following: (1) Developing and implementing a systematic procedure for transferring, with parental consent, Head Start program records for each participating child to the school in which the child will enroll. (2) Establishing channels of communication between Head Start staff and their counterparts in the schools, including, but not limited to, teachers, social workers, and health staff, to facilitate the coordination of programs. (3) Conducting meetings involving parents, kindergarten or elementary school teachers, and Head Start program teachers to discuss the educational, developmental, and other needs of individual children. (4) Organizing and participating in joint transition-related training of school staff and Head Start staff. (5) Developing and implementing a family outreach and support program in cooperation with entities carrying out parental involvement efforts under Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.). (6) Assisting families, administrators, and teachers in enhancing educational and developmental continuity between Head Start services and elementary school classes. (7) Linking the services provided in the Head Start program with the education services provided by the local educational agency. (b) The superintendent shall advise local education agencies of these federal requirements. (Added by renumbering Section 8499.10 by Stats. 2021, Ch. 116, Sec. 236. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8420. Source version: id_ccb3e6fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. This article shall be known and may be cited as the 21st Century High School After School Safety and Enrichment for Teens (High School ASSETs) program. (Added by Stats. 2002, Ch. 1025, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8421. Source version: id_7ca13320-e413-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. There is hereby established the 21st Century High School After School Safety and Enrichment for Teens program. The purpose of the program is to create incentives for establishing locally driven after school enrichment programs that partner schools and communities to provide academic support and safe, constructive alternatives for high school pupils in the hours after the regular schoolday, and that support college and career readiness. (a) High school after school programs shall serve pupils in grades 9 to 12, inclusive. (b) A high school after school program established pursuant to this article shall consist of the following two elements: (1) (A) An academic assistance element that shall include, but need not be limited to, at least one of the following: tutoring, career exploration, homework assistance, or college preparation, including information about the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. The assistance shall be coordinated with the regular academic programs of the pupils. (B) For purposes of this article, “career exploration” means activities that help pupils develop the knowledge and skills that are relevant to their career interests and reinforce academic content. (2) An enrichment element that may include, but need not be limited to, community service, career and technical education, job readiness, opportunities for mentoring and tutoring younger pupils, service learning, arts, computer and technology training, physical fitness, and recreation activities. (c) A program shall operate for a minimum of 15 hours per week. (d) An entity may operate programs on one or multiple sites. If an entity plans to operate programs at multiple sites, only one application is required. (e) A program may operate on a schoolsite or on another site approved by the department during the grant application process. A program located off school grounds shall not be approved unless both of the following criteria are met: (1) Safe transportation is available to transport participating pupils if necessary. (2) The program is at least as available and accessible as similar programs conducted on schoolsites. (f) Applicants for grants pursuant to this article shall ensure that all of the following requirements are fulfilled, if applicable: (1) The application includes a description of the activities that will be available for pupils and lists the program hours. (2) The application includes an estimate of the following: (A) The number of pupils expected to attend the program on a regular basis. (B) The average hours of attendance per pupil. (C) The percentage of pupils expected to attend the program less than three days a week, three days a week, and more than three days a week, for each quarter or semester during the grant period. (3) The application documents the commitments of each partner to operate a program at a location or locations that are safe and accessible to participating pupils. (4) The application certifies that pupils were involved in the design of the program and describes the extent of that involvement. (5) The application identifies federal, state, and local programs that will be combined or coordinated with the high school after school program for the most effective use of public resources, and describes a plan for implementing the high school after school program beyond federal grant funding. (6) The application has been approved by the school district, or the charter school governing body, and the principal of each participating school for each schoolsite or other site. (7) The application includes a certification that the applicant has complied with the requirement in subdivision (b) of Section 8422. (8) The application includes a certification that each applicant or partner in the application agrees to do all of the following: (A) Assume responsibility for the quality of the program. (B) Follow all fiscal reporting and auditing standards required by the department. (C) Provide the following information on participating pupils to the department: (i) Schoolday attendance rates. (ii) Program attendance. (D) Acknowledge that program evaluations will be based upon the criteria in Section 8427. (9) Certify that the applicant has complied with all federal requirements in preparing and submitting the application. (g) The department shall not establish minimum attendance requirements for individual pupils. (h) It is the intent of the Legislature that, to the extent possible, the department require applicants to submit the information required by this section in a short and concise manner. (Amended by Stats. 2017, Ch. 641, Sec. 1. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8421.5. Source version: id_7392b070-898b-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. (a) (1) The department shall provide notice to all schools eligible for grants under this article of the availability of those grants as well as the application process. (2) The department shall make the application available through its Internet Web site. The department shall periodically review the applications on a competitive basis for funding on dates determined by the department. (b) The department shall review all applications for their inclusion of the requirements of subdivision (f) of Section 8421 and Section 8423. (Amended by Stats. 2014, Ch. 370, Sec. 2. (SB 1221) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8422. Source version: id_72f5da88-ca2e-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. (a) Priority for funding pursuant to this article shall be given to programs that previously received funding pursuant to Section 8421, for expansion of existing grants up to the per site maximum established under paragraph (1) of subdivision (a) of Section 8426, or to replace expiring grants that have satisfactorily met their projected attendance goals. (b) A program established pursuant to this article shall be planned through a collaborative process that includes parents, pupils, representatives of participating schools, governmental agencies, including city and county parks and recreation departments, community organizations, law enforcement, and, if appropriate, the private sector. (c) Every pupil attending a school operating a program pursuant to this article is eligible to participate in the program, subject to program capacity. A program established pursuant to this article may charge family fees. Programs that charge family fees shall waive or reduce the cost of these fees for pupils who are eligible for free or reduced-price meals. (d) A program established pursuant to this article shall have the option of operating under either of the following modes: (1) After school only. (2) After school and during any combination of before school, weekends, summer, intersession, and vacation. (Amended by Stats. 2016, Ch. 470, Sec. 1. (AB 2615) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8423. Source version: id_65364cd5-0c91-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. (a) (1) The department shall select grantees to participate in the 21st Century High School After School Safety and Enrichment for Teens program from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the department shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state. (2) For purposes of paragraph (1), the following terms shall have the following meanings: (A) “Central California” means California County Superintendents Educational Services Association regions five to eight, inclusive. (B) “Northern California” means California County Superintendents Educational Services Association regions one to four, inclusive. (C) “Southern California” means California County Superintendents Educational Services Association regions 9 to 11, inclusive. (D) “Urban and rural areas” shall be as defined by the United States Census Bureau. (b) The department shall consider the following criteria in awarding grants: (1) Strength of the educational element and coordination with state academic standards and other academic interventions. (2) Strength of the enrichment element. (3) Evidence of community collaboration, including demonstrated support of the principal and staff from participating schools. (4) A description of the manner in which programs will provide a safe physical and emotional environment and opportunities for relationship building, and promote active pupil engagement. (5) A description of the manner in which the program design will be periodically reexamined in order to maintain strong pupil interest. (6) A description of plans to attract pupils, particularly pupils considered at promise or in need of academic support, on a regular basis. (c) The application shall certify all of the following: (1) Completion of an assessment of pupils’ preferences for program activities. (2) Access to, and availability of, computers and technology. (3) Inclusion of a nutritional snack, meal, or both, and a physical activity element. (4) That the program will meet all of the evaluation requirements. (5) Fiscal accountability. (6) Collection and use of pupil social, behavioral, or skill development data collection to support quality program improvement processes. These pupil data outcomes may relate to specific social-emotional competencies, including, but not necessarily limited to, social skills, self-control, academic mindset, perseverance, conflict resolution, and school connectedness. (Amended by Stats. 2019, Ch. 800, Sec. 4. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8425. Source version: id_8fc77416-898b-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. (a) The department shall implement this program only to the extent that federal funds are appropriated by the Legislature for purposes of the program. It is the intent of the Legislature that available federal funds be appropriated annually for the program established pursuant to this article through the annual Budget Act. (b) The department may spend up to 3 percent of the funds appropriated for purposes of this article to provide training by qualified and experienced personnel, to convene regular meetings among grantees, and to ensure quality program implementation and sustainability, including unscheduled site visits. (Amended by Stats. 2014, Ch. 370, Sec. 5. (SB 1221) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8426. Source version: id_f17d1ce3-fcc7-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. (a) (1) A grantee that establishes a program pursuant to this chapter is eligible to receive a five-year grant of up to two hundred fifty thousand dollars ($250,000) per year per site in a program, subject to semiannual attendance reporting. Funding for a grant shall be allocated in annual increments for a period of not more than five years, contingent upon the availability and appropriation of federal funds by the Legislature for those grants. (2) The department shall notify new grantees of their award status and the dollar amount of the award, if any, in writing on or before May 15 of each year in which new grants are awarded. The grantee shall notify the department in writing of its acceptance of the grant. (3) A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. (4) A grantee who receives funds pursuant to this article as part of a partnership or consortium may restructure the partnership or consortium if all of the following conditions are met: (A) All partners or consortium members agree to the restructure. (B) The new consortia or partnership structure, or structures, complies with the requirements of paragraph (8) of subdivision (f) of Section 8421, as applicable. (C) There is no change in the school, or schools, served by the restructured partnership or consortium. (D) The department agrees to the restructure. (b) The department shall allocate 25 percent of the grant amount each year no later than 30 days after the grant award acceptance letter is received by the department. (c) (1) Not more than 15 percent of each annual grant amount may be used by a grantee for administrative costs. For purposes of this article, administrative costs shall include indirect costs. Indirect costs shall not exceed the lesser of the following: (A) The grantee’s indirect cost rate, as approved by the department for the appropriate fiscal year. (B) Five percent of the state program funding received pursuant to this article. (2) In addition to the funding allowed for administrative costs pursuant to paragraph (1), up to 15 percent of the first year’s annual grant award for each after school grant recipient may be used for startup costs. (3) Funding made available pursuant to this subdivision shall not result in an increase in the total funding of a grantee above the approved grant amount. (4) The cost of a program site supervisor may be included as direct services, provided that at least 85 percent of the site supervisor’s time is spent at the program site. (d) Grantees are subject to semiannual attendance reporting during each year of the grant. (1) The department shall provide technical support for development of a program improvement plan for grantees under either of the following conditions: (A) If actual pupil attendance falls below 75 percent of the proposed levels in any year of the grant. (B) If the grantee fails, in any year of the grant, to demonstrate measurable outcomes pursuant to Section 8427. (2) If the actual pupil attendance falls below 75 percent of the proposed attendance level at the end of the second year of the grant, the department may reduce funding for the grantee. (3) The department shall adjust the grant level of any school in the program that is under its proposed attendance level by more than 15 percent in each of two consecutive years. (4) In any year, after the first grant-year period, that the actual attendance level of a school within the program falls below 75 percent of the proposed attendance level, the department shall perform a review of the program and may adjust the grant level as the department deems appropriate. (e) Notwithstanding any other provision of this section or any other law, the department may at any time terminate the grant of a school in a public school program that fails in three consecutive years to meet either of the following requirements: (1) Demonstrate program outcomes pursuant to Section 8427. (2) Attain 75 percent of its proposed attendance levels after having its program reviews and grant level adjusted by the department. (f) The department shall create a process to allow a grantee to voluntarily lower its annual grant amount if one or more sites are unable to meet the proposed pupil attendance levels by the end of the second year of the grant. (g) (1) The administrator of a program may supplement, but not supplant, existing funding for after school programs with grant funds awarded pursuant to this article. (2) In addition to administrative costs, a program participant may expend up to the greater of 6 percent of its state funding or seven thousand five hundred dollars ($7,500) to collect outcome data for evaluation and for reports to the department. (3) All state funding awarded to a program pursuant to this article that remains after subtracting the administrative costs, startup costs, and outcome data costs authorized by subdivisions (c) and (d) shall be allocated to the program site for direct services to pupils. (h) When determining grant award amounts after each grant year, the department may consider whether a program is operating consistent with the terms of its application, including whether the number of pupils served on a regular basis is consistent with the number estimated, and may consider the strength of any justifications or future plans offered by the program to address inconsistencies with the terms of the application. If the department finds that a program is not operating consistent with the terms of its application, the department may take appropriate action, including denying grant awards or reducing the level of grant funding. (i) The department may withhold or terminate the grant allocation of any site or program that does not comply with audit resolutions, fiscal reporting, attendance reporting, or outcomes reporting requirements required by the department. (j) If a program grantee is temporarily prevented from operating its entire program due to natural disaster, civil unrest, or imminent danger to pupils or staff, the department may approve a request by the grantee for pupil attendance credits equal to the average annual attendance that the grantee would have received if it had been able to operate its entire program during that time period. (Amended by Stats. 2018, Ch. 507, Sec. 1. (SB 816) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8426.5. Source version: id_6998ba9c-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. (a) (1) If there is a significant barrier to pupil participation in a program established pursuant to this article at the school of attendance, a grantee may request approval from the department to transfer program services to another schoolsite within the same local educational agency. The schoolsite to which the program will be transferred shall satisfy either of the following requirements: (A) The schoolsite shall receive pupils from, and have a grant of the same type awarded pursuant to this article as, the transferring school. (B) The schoolsite shall not have a 10-percent lower percentage of pupils eligible for free or reduced-price meals than the transferring school. If the proposed schoolsite is not yet open, feeder school free or reduced-price meal data, as determined by the department, shall be considered in evaluating the proposed transfer. (2) The schoolsite shall not increase the funding at the proposed schoolsite above the maximum after school grant amount established under paragraph (1) of subdivision (a) of Section 8426. An applicant that requests approval to transfer program services shall describe the manner in which the applicant intends to provide safe, supervised transportation; ensure communication among teachers in the regular school program, staff in the before school and after school components of the program, and parents of pupils; and coordinate the educational and literacy component of the before and after school components of the program with the regular school programs of participating pupils. (b) For purposes of this article, a significant barrier to pupil participation in the before or after school component of a program established pursuant to this chapter means any of the following: (1) Fewer than 20 pupils participating in the component of the program. (2) Extreme transportation constraints, including, but not limited to, desegregation bussing, bussing for magnet or open enrollment schools, or pupil dependence on public transportation. (3) A local educational agency opens a new schoolsite and either merges an existing schoolsite into the new schoolsite or splits the existing schoolsite’s pupils with the new schoolsite so that the existing schoolsite after school program is subject to a grant reduction pursuant to subdivision (d) of Section 8426. (Added by Stats. 2016, Ch. 470, Sec. 4. (AB 2615) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8427. Source version: id_997c382e-ca2e-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. (a) A high school after school program established pursuant to this article shall submit to the department annual outcome-based data for evaluation. (1) To demonstrate program effectiveness, grantees shall submit, using the unique statewide pupil identifiers for participating pupils who are unduplicated pupils, both of the following: (A) Schoolday attendance on an annual basis. (B) Program attendance on a semiannual basis. (2) Programs shall submit evidence of a data-driven program quality improvement process that is based on the department’s guidance on program quality standards developed pursuant to paragraph (3). (3) The department may develop additional measures to demonstrate program effectiveness, including, but not limited to, program quality standards. Additions shall be developed in consultation with the advisory committee pursuant to Section 8484.9. (4) Programs shall submit information to the department through the process used in subdivision (b) of Section 8421.5. (b) (1) If a program consistently fails to demonstrate measurable program outcomes for three consecutive years, the department may terminate the program pursuant to the process described in subdivision (e) of Section 8426. The department shall consider multiple outcomes and not rely on one outcome in isolation. (2) For purposes of this subdivision, “consistently fails to demonstrate measurable program outcomes” means failure to meet program effectiveness requirements pursuant to the criteria in paragraphs (1) and (2) of subdivision (a). (3) Measurable program outcomes may be demonstrated by, but are not limited to, the following methods: (A) Comparing pupils participating in the program to nonparticipating pupils at the same schoolsite. (B) Pupils participating in the program demonstrate improvement on one or more indicators collected by the program pursuant to this section. (c) The department shall identify or develop standardized procedures and tools to collect the indicators in paragraphs (1) and (2) of subdivision (a) in accordance with the recommendations made pursuant to paragraph (5) of subdivision (h) of Section 8484.9. (Amended by Stats. 2016, Ch. 470, Sec. 5. (AB 2615) Effective January 1, 2017.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 19. 21st Century High School After School Safety and Enrichment for Teens Program [8420 - 8428] SECTION 8428. Source version: id_45ec93e2-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=19. The department shall develop, and submit in compliance with Section 9795 of the Government Code, a biennial report to the Legislature related to the pupils attending, and the program quality of, expanded learning programs. The report shall include data that is derived by matching the unique statewide pupil identifiers with data in the department’s data systems. The report may also include, but is not necessarily limited to, aggregate reporting of all of the following information: (a) The number, geographical distribution, and type of sites and grantees participating in expanded learning programs. (b) Pupil program attendance and pupil schoolday attendance. (c) Statewide test and assessment scores. (d) Pupil demographics and characteristics. (e) Pupil behavior changes and skill development. (f) The quality of the programs, based on the department’s guidance on program quality standards developed pursuant to paragraph (3) of subdivision (a) of Section 8427. (Repealed and added by Stats. 2014, Ch. 370, Sec. 9. (SB 1221) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8207. Source version: id_a67d16c7-3e0c-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) The Superintendent shall administer all California state preschool programs. Those programs shall include, but not be limited to, part-day and full-day age and developmentally appropriate programs, offered through childcare centers and family childcare home education networks, that are designed to facilitate the transition to kindergarten for two-, three-, and four-year-old children and that provide early learning and care, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development, and that comply with all applicable statutory and regulatory requirements. Preschool programs for which federal reimbursement is not available shall be funded as prescribed by the Legislature in the annual Budget Act, and unless otherwise specified by the Legislature, shall not use federal funds made available through Title XX of the federal Social Security Act (42 U.S.C. Sec. 1397). (b) A part-day California state preschool program shall operate for a minimum of (1) three hours per day, excluding time for home-to-school transportation, and (2) a minimum of 175 days per year, unless the contract specifies a lower number of days of operation. (c) A full-day California state preschool program shall operate for a minimum of 246 days per year, unless the contract specifies a lower number of days of operation. (d) Any agency described in subdivision (a) of Section 8205 as an “applicant or contracting agency” is eligible to contract to operate a California state preschool program. (e) Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees. (f) Federal Head Start funds used to provide services to families receiving California state preschool services shall be deemed nonrestricted funds. (g) School districts and charter schools that administer a California state preschool program may place four-year-old children in a transitional kindergarten program classroom in accordance with subdivisions (h) to (j), inclusive, of Section 48000. (h) California state preschool programs shall include all of the following: (1) Age- and developmentally appropriate activities for children. (2) Supervision. (3) Parenting education and parent engagement. (4) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies. (5) Health services. (6) Nutrition. (7) Training and career ladder opportunities, documentation of which shall be provided to the department. (i) The Superintendent shall adopt rules and regulations related to the administration of this chapter, including rules and regulations related to eligibility, enrollment, and priority of services. Regulations shall also include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The Superintendent shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or have exceptional needs. (j) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended by Stats. 2024, Ch. 73, Sec. 3. (SB 163) Effective July 2, 2024. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version added by Sec. 4 of Stats. 2024, Ch. 73.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8207. Source version: id_3b953ad5-3e0c-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) The Superintendent shall administer all California state preschool programs. Those programs shall include, but not be limited to, part-day and full-day age and developmentally appropriate programs, offered through childcare centers and family childcare home education networks, that are designed to facilitate the transition to kindergarten for three- and four-year-old children and that provide early learning and care, health services, social services, nutritional services, parent education and parent participation, evaluation, and staff development, and that comply with all applicable statutory and regulatory requirements. Preschool programs for which federal reimbursement is not available shall be funded as prescribed by the Legislature in the annual Budget Act, and unless otherwise specified by the Legislature, shall not use federal funds made available through Title XX of the federal Social Security Act (42 U.S.C. Sec. 1397). (b) A part-day California state preschool program shall operate for a minimum of (1) three hours per day, excluding time for home-to-school transportation, and (2) a minimum of 175 days per year, unless the contract specifies a lower number of days of operation. (c) A full-day California state preschool program shall operate for a minimum of 246 days per year, unless the contract specifies a lower number of days of operation. (d) Any agency described in subdivision (a) of Section 8205 as an “applicant or contracting agency” is eligible to contract to operate a California state preschool program. (e) Public funds shall not be paid directly or indirectly to an agency that does not pay at least the minimum wage to each of its employees. (f) Federal Head Start funds used to provide services to families receiving California state preschool services shall be deemed nonrestricted funds. (g) School districts and charter schools that administer a California state preschool program may place four-year-old children in a transitional kindergarten program classroom in accordance with subdivisions (h) to (j), inclusive, of Section 48000. (h) California state preschool programs shall include all of the following: (1) Age- and developmentally appropriate activities for children. (2) Supervision. (3) Parenting education and parent engagement. (4) Social services that include, but are not limited to, identification of child and family needs and referral to appropriate agencies. (5) Health services. (6) Nutrition. (7) Training and career ladder opportunities, documentation of which shall be provided to the department. (i) The Superintendent shall adopt rules and regulations related to the administration of this chapter, including rules and regulations related to eligibility, enrollment, and priority of services. Regulations shall also include the recommendations of the State Department of Health Care Services relative to health care screening and the provision of health care services. The Superintendent shall seek the advice and assistance of these health authorities in situations where service under this chapter includes or requires care of children who are ill or have exceptional needs. (j) This section shall become operative on July 1, 2027. (Repealed (in Sec. 3) and added by Stats. 2024, Ch. 73, Sec. 4. (SB 163) Effective July 2, 2024. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8207.1. Source version: id_a025d650-819c-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) A California state preschool contractor operating a part-day, full-day, or both part- and full-day California state preschool program may, but is not required to, enroll interested eligible two-year-old children. (b) The Superintendent, in consultation with the State Department of Social Services, shall develop guidance for contractors to follow when enrolling two-year-old children, which shall include, but not be limited to, guidance for safe, age-appropriate diapering and toilet training in alignment with the requirements set forth in Division 12 (commencing with Section 101151) of Title 22 of the California Code of Regulations. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, the department may, on or before April 1, 2025, implement this section and associated guidance on serving two-year-old children through management bulletins or similar letters of instruction. (d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended (as added by Stats. 2024, Ch. 73, Sec. 5) by Stats. 2024, Ch. 998, Sec. 1. (AB 176) Effective September 30, 2024. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version added by Sec. 6 of Stats. 2024, Ch. 73.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8207.1. Source version: id_50fad479-3e0c-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) A contractor shall not serve any two-year-old children, as defined in Section 8205 as that section read on June 30, 2027, on or after July 1, 2027, unless the contractor was serving those two-year-old children before July 1, 2027. The adjustment factors and rates described in Section 8244 as that section read on June 30, 2027, shall still apply to those two-year-old children until they meet the definition of three-year-old children. (b) This section shall become operative on July 1, 2027. (Repealed (in Sec. 5) and added by Stats. 2024, Ch. 73, Sec. 6. (SB 163) Effective July 2, 2024. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8208. Source version: id_cc8c7702-74c6-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) (1) A child is eligible for the part-day California state preschool program if both of the following requirements are met: (A) The child is one of the following: (i) A two-year-old child and the California state preschool program has chosen to enroll the two-year-old child in accordance with the guidance developed pursuant to Section 8207.1. (ii) A three-year-old child. (iii) A four-year-old child. (iv) Enrolled in kindergarten pursuant to Section 48000. (B) The child’s family is one of the following: (i) A current aid recipient. (ii) Income eligible. (iii) Homeless. (iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited. (v) (I) One that has children with exceptional needs, as defined in Section 8205. (II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive. (vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program. (vii) One whose parent or guardian is employed by a local educational agency. (2) Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible two-, three-, and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold. (3) Notwithstanding Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to two-, three-, and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2). (4) Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll two-, three-, and four-year-old children. (b) A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000. (c) (1) Commencing July 1, 2022, at least 5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205. (2) (A) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1). (B) Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs. (C) (i) Any agency not meeting the applicable requirement described in clause (ii) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (iii). (ii) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to paragraph (1). (iii) The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1). (3) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code. (4) (A) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022. (B) The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023. (d) (1) A child is eligible for a full-day California state preschool program if all of the following requirements are met: (A) The child is one of the following: (i) A two-year-old child and the California state preschool program has chosen to enroll the two-year-old child in accordance with the guidance developed pursuant to Section 8207.1. (ii) A three-year-old child. (iii) A four-year-old child. (B) The child’s family is one of the following: (i) A current aid recipient. (ii) Income eligible. (iii) Homeless. (iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited. (v) (I) One that has children with exceptional needs, as defined in Section 8205. (II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive. (vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program. (vii) One whose parent or guardian is employed by a local educational agency. (C) The child’s family needs the childcare services because of either of the following: (i) The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following: (I) A recipient of protective services. (II) Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation. (III) Being homeless. (ii) The child’s parents are one of the following: (I) Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession. (II) Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate. (III) Employed or seeking employment. (IV) Seeking permanent housing for family stability. (V) Incapacitated. (VI) Participating in a CalWORKs program activity. (2) (A) Commencing July 1, 2022, at least 5 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205. (B) (i) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in subparagraph (A). (ii) Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraph (A) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs. (iii) (I) Any agency not meeting the applicable requirement described in subclause (II) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to subclause (III). (II) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to subparagraph (A). (III) The Superintendent shall create an ongoing waiver process for agencies not able to meet the requirement described in subparagraph (A). (C) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code. (D) (i) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022. (ii) The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023. (3) Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible two-, three-, and four-year-old children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold. (4) Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may provide services to two-, three-, and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (C) of paragraph (1). (5) After all otherwise eligible children have been enrolled as provided in paragraphs (1), (3), and (4), a provider operating a full-day California state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll any two-, three-, or four-year-old child. (e) (1) With the exception of the age requirements and paragraphs (3) and (4), upon establishing initial eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months, including when a family member transfers to another California state preschool program or when a child is voluntarily disenrolled by their family for any period of time during eligibility. (2) In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 8205. (3) A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification. (f) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period. (2) Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud. (g) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (e), the department shall implement subdivision (e) through management bulletins or similar letters of instruction on or before January 1, 2027. (2) The department shall initiate a rulemaking action to implement subdivision (e) on or before December 31, 2028. (h) The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify children as eligible for state reimbursement purposes. (i) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended (as amended by Stats. 2025, Ch. 88, Sec. 1) by Stats. 2026, Ch. 25, Sec. 3. (AB 150) Effective June 29, 2026. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 4 of Stats. 2026, Ch. 25.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8208. Source version: id_d61ce3e4-74c6-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) (1) A child is eligible for the part-day California state preschool program if both of the following requirements are met: (A) The child is one of the following: (i) A three-year-old child. (ii) A four-year-old child. (iii) Enrolled in kindergarten pursuant to Section 48000. (B) The child’s family is one of the following: (i) A current aid recipient. (ii) Income eligible. (iii) Homeless. (iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited. (v) (I) One that has children with exceptional needs, as defined in Section 8205. (II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive. (vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program. (vii) One whose parent or guardian is employed by a local educational agency. (2) Notwithstanding any other law, a part-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled. No more than 10 percent of children enrolled, calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold. (3) Notwithstanding Section 8213, after all otherwise eligible children have been enrolled as provided in paragraphs (1) and (2), a part-day California state preschool program may provide services to three- and four-year-old children in families whose income is above the income eligibility threshold if those children are children with exceptional needs. Children receiving services pursuant to this paragraph shall not count towards the 10-percent limit in paragraph (2). (4) Notwithstanding any other law, after all otherwise eligible children have been enrolled as provided in paragraphs (1) to (3), inclusive, a provider operating a part-day state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll three- and four-year-old children. (b) A part-day California state preschool program contracting agency shall certify eligibility and enroll families into their program within 120 calendar days prior to the first day of the beginning of the new preschool year. Subsequent to enrollment, a child shall be deemed eligible for a part-day California state preschool program for the remainder of the program year and for the following program year, as long as applicable age-eligibility requirements are met, as specified in Sections 8205 and 48000. (c) (1) Commencing July 1, 2022, at least 5 percent of a part-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205. (2) (A) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in paragraph (1). (B) Agencies shall be fully funded for the percentage of enrollment specified in paragraph (1), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in paragraph (1) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in paragraph (1) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs. (C) (i) Any agency not meeting the applicable requirement described in clause (ii) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to clause (iii). (ii) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to paragraph (1). (iii) The Superintendent shall create an ongoing waiver process for an agency not able to meet the requirement described in paragraph (1). (3) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code. (4) (A) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision, the department shall implement this subdivision through management bulletins or similar letters of instruction on or before December 31, 2022. (B) The department shall initiate a rulemaking action to implement this subdivision on or before December 31, 2023. (d) (1) A child is eligible for a full-day California state preschool program if all of the following requirements are met: (A) The child is one of the following: (i) A three-year-old child. (ii) A four-year-old child. (B) The child’s family is one of the following: (i) A current aid recipient. (ii) Income eligible. (iii) Homeless. (iv) One whose children are recipients of child protective services, or whose children have been identified as being abused, neglected, or exploited, or at risk of being abused, neglected, or exploited. (v) (I) One that has children with exceptional needs, as defined in Section 8205. (II) Only the children in the family who are children with exceptional needs may be enrolled under the eligibility criteria of this clause. Any other child in the family without exceptional needs may be enrolled pursuant to any of the criteria established in clauses (i) to (iv), inclusive. (vi) One who has a member of its household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department. Children eligible for services pursuant to this subparagraph shall be prioritized by the income declared on the application for the means-tested government program. (vii) One whose parent or guardian is employed by a local educational agency. (C) The child’s family needs the childcare services because of either of the following: (i) The child has been identified by a legal, medical, or social services agency, a local educational agency liaison for homeless children and youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, a Head Start program, or an emergency or transitional shelter as one of the following: (I) A recipient of protective services. (II) Being neglected, abused, or exploited, or at risk of neglect, abuse, or exploitation. (III) Being homeless. (ii) The child’s parents are one of the following: (I) Engaged in vocational training leading directly to a recognized trade, paraprofession, or profession. (II) Engaged in an educational program for English language learners or to attain a high school diploma or general educational development certificate. (III) Employed or seeking employment. (IV) Seeking permanent housing for family stability. (V) Incapacitated. (VI) Participating in a CalWORKs program activity. (2) (A) Commencing July 1, 2022, at least 5 percent of a full-day California state preschool program contracting agency’s funded enrollment shall be reserved for children with exceptional needs, as defined in Section 8205. (B) (i) The department shall review data on compliance and provide technical assistance to California state preschool program contracting agencies to assist them in meeting the requirement described in subparagraph (A). (ii) Agencies shall be fully funded for the percentage of enrollment specified in subparagraph (A), inclusive of the exceptional needs adjustment factor for that enrollment pursuant to Section 8244, to ensure funding is available to enroll children with exceptional needs within the set aside specified in subparagraph (A) at any point during the fiscal year. An agency not meeting the requirement to fill the percent of funded enrollment specified in subparagraph (A) with children with exceptional needs shall conduct community outreach to special education partners to recruit additional children with exceptional needs into their programs. (iii) (I) Any agency not meeting the applicable requirement described in subclause (II) may be put on a conditional contract as described in Section 8314 unless they have applied and been approved for a waiver pursuant to subclause (III). (II) On and after July 1, 2026, any agency not meeting the 5-percent requirement pursuant to subparagraph (A). (III) The Superintendent shall create an ongoing waiver process for agencies not able to meet the requirement described in subparagraph (A). (C) Children with exceptional needs attending California state preschool programs shall be educated in the least restrictive environment in accordance with Section 1412(a)(5)(A) of Title 20 of the United States Code. (D) (i)Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this paragraph, the department shall implement this paragraph through management bulletins or similar letters of instruction on or before December 31, 2022. (ii) The department shall initiate a rulemaking action to implement this paragraph on or before December 31, 2023. (3) Notwithstanding any other law, a full-day California state preschool program may provide services to children in families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213, after all eligible three- and four-year-old children have been enrolled pursuant to paragraph (1). No more than 10 percent of children enrolled, as calculated throughout the participating program’s entire contract, may be filled by children in families above the income eligibility threshold. (4) Notwithstanding paragraph (1), after all families meeting the criteria specified in paragraphs (1) and (3) have been enrolled, a full-day California state preschool program may provide services to three- and four-year-old children in families who do not meet at least one of the criteria specified in subparagraph (C) of paragraph (1). (5) After all otherwise eligible children have been enrolled as provided in paragraphs (1), (3), and (4), a provider operating a full-day California state preschool program within the attendance boundary of a public school or school district, as set forth in Section 8217, may enroll any three- or four-year-old child. (e) (1) With the exception of the age requirements and paragraphs (3) and (4), upon establishing initial eligibility for full-day California state preschool program services under this chapter, a family shall be considered to meet all eligibility and need requirements for those services for not less than 24 months, shall receive those services for not less than 24 months before having their eligibility or need recertified, and shall not be required to report changes to income or other changes for at least 24 months, including when a family member transfers to another California state preschool program or when a child is voluntarily disenrolled by their family for any period of time during eligibility. (2) In the event that the eligibility period as described in paragraph (1) ends before the end of a program year, eligibility shall be extended until the end of the program year, as long as applicable age-eligibility requirements are met, as specified in Section 8205. (3) A family may, at any time, voluntarily report income or other changes. This information shall be used, as applicable, to reduce the family’s fees, increase the family’s services, or extend the period of the family’s eligibility before recertification. (f) (1) Because a family that meets eligibility requirements at its most recent eligibility certification or recertification is considered eligible until the next recertification, as provided in subdivision (d), a payment made by a preschool program for a child during this period shall not be considered an error or an improper payment due to a change in the family’s circumstances during that same period. (2) Notwithstanding paragraph (1), the Superintendent or the Superintendent’s designated agent may seek to recover payments that are the result of fraud. (g) (1) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (e), the department shall implement subdivision (e) through management bulletins or similar letters of instruction on or before January 1, 2027. (2) The department shall initiate a rulemaking action to implement subdivision (e) on or before December 31, 2028. (h) The Superintendent shall establish guidelines according to which the director or a duly authorized representative of the California state preschool program will certify children as eligible for state reimbursement purposes. (i) This section shall become operative on July 1, 2027. (Amended (as amended by Stats. 2025, Ch. 88, Sec. 2) by Stats. 2026, Ch. 25, Sec. 4. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8209. Source version: id_6d2dbfbe-f01b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) A physical examination and evaluation, including age-appropriate immunizations, shall be required before, or within six weeks of, enrollment in a preschool program. A standard, rule, or regulation shall not require medical examination or immunization for admission to a preschool program of a child whose parent or guardian files a letter with the governing board of the preschool program stating that the medical examination or immunization is contrary to the parent’s or guardian’s religious beliefs, or provide for the exclusion of a child from the program because of a parent or guardian having filed the letter. However, if there is good cause to believe that a child is suffering from a recognized contagious or infectious disease, the child shall be temporarily excluded from the program until the governing board of the preschool program is satisfied that the child is not suffering from that contagious or infectious disease. (b) If only one parent has signed an application for enrollment in preschool services, as required by this chapter or regulations adopted to implement this chapter, and the information provided on the application indicates that there is a second parent who has not signed the application, the parent who has signed the application shall self-certify the presence or absence of the second parent under penalty of perjury. The parent who has signed the application shall not be required to submit additional information documenting the presence or absence of the second parent. (c) Notwithstanding any other law, in order to promote continuity of services, a family enrolled in a state or federally funded preschool program whose services would otherwise be terminated because the family no longer meets the program income, eligibility, or need criteria may continue to receive preschool services in another state or federally funded preschool program if the contractor is able to transfer the family’s enrollment to another program for which the family is eligible before the date of termination of services or to exchange the family’s existing enrollment with the enrollment of a family in another program, provided that both families satisfy the eligibility requirements for the program in which they are being enrolled. The transfer of enrollment may be to another program within the same administrative agency or to another agency that administers state or federally funded preschool programs. (Added by Stats. 2021, Ch. 116, Sec. 22. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8210. Source version: id_df218b86-74c6-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) Each applicant or contracting agency shall give priority for part-day programs according to the following: (1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located. To the extent the contractor has elected to offer services pursuant to Section 8207.1, then priority for services shall be given to two-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. (2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213. (B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first. (3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213. (B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first. (iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first. (4) (A) The fourth priority for services shall be given to children of employees of a local educational agency. (B) Within this priority category, eligible children from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (5) (A) The fifth priority for services shall be given to eligible two-year-old children, to the extent the contractor has elected to offer services pursuant to Section 8207.1. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213. (B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first. (iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first. (6) (A) The sixth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the eligibility income threshold, as described in Section 8213. (B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208. (7) After all otherwise eligible children have been enrolled in the first through sixth priority categories, as described in paragraphs (1) to (6), inclusive, a provider may enroll any eligible child pursuant to Section 8208. (b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid. (c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended (as amended by Stats. 2024, Ch. 998, Sec. 2) by Stats. 2026, Ch. 25, Sec. 5. (AB 150) Effective June 29, 2026. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 6 of Stats. 2026, Ch. 25.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8210. Source version: id_e8365fc8-74c6-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) Each applicant or contracting agency shall give priority for part-day programs according to the following: (1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located. (2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, as described in Section 8213. (B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first. (3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213. (B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first. (iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first. (4) (A) The fourth priority for services shall be given to children of employees of a local educational agency. (B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (5) (A) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the eligibility income threshold, as described in Section 8213. (B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208. (6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, a provider may enroll any eligible child pursuant to Section 8208. (b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid. (c) This section shall become operative on July 1, 2027. (Amended (as added by Stats. 2024, Ch. 73, Sec. 10) by Stats. 2026, Ch. 25, Sec. 6. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8211. Source version: id_f140acba-74c6-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) Each applicant or contracting agency shall give priority for full-day programs according to the following: (1) (A) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. To the extent the contractor has elected to offer services pursuant to Section 8207.1, then priority for services shall be given to two-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited and for whom there is a written referral from a legal, medical, or social service agency. (B) If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located. (2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, described in Section 8213. (B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first. (3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213. (B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first. (iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first. (4) (A) The fourth priority for services shall be given to children of employees of a local educational agency. (B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (5) (A) The fifth priority for services shall be given to eligible two-year-old children, to the extent the contractor has elected to offer services pursuant to Section 8207.1. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213. (B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first. (iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first. (6) (A) The sixth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213. (B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208. (C) (i) After the children enrolling pursuant to subparagraph (B) are enrolled, three- and four-year-old children without exceptional needs shall be enrolled in income ranking order, with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, being enrolled first. (ii) For purposes of clause (i), if two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first. (7) After all otherwise eligible children have been enrolled in the first through sixth priority categories, as described in paragraphs (1) to (6), inclusive, a provider may enroll any eligible child pursuant to Section 8208. (b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid. (c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended (as amended by Stats. 2024, Ch. 998, Sec. 3) by Stats. 2026, Ch. 25, Sec. 7. (AB 150) Effective June 29, 2026. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 8 of Stats. 2026, Ch. 25.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8211. Source version: id_fa51624c-74c6-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) Each applicant or contracting agency shall give priority for full-day programs according to the following: (1) The first priority for services shall be given to three-year-old or four-year-old children who are recipients of child protective services or who are at risk of being neglected, abused, or exploited upon written referral from a legal, medical, or social service agency. If an agency is unable to enroll a child in this first priority category, the agency shall refer the child’s parent or guardian to local resources and referral services so that services for the child can be located. (2) (A) The second priority for services shall be given to all three- and four-year-old children with exceptional needs from families with incomes below the income eligibility threshold, described in Section 8213. (B) Within this priority category, children with exceptional needs from families with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (C) If enrollment of children with exceptional needs does not exceed the set aside pursuant to Section 8208, this priority category shall also include three- and four-year-old children with exceptional needs from families with incomes above the income eligibility threshold, as described in Section 8213. Families served under this subparagraph with the lowest income, consistent with subparagraph (B), shall be enrolled first. (3) (A) The third priority for services shall be given to eligible three-year-old or four-year-old children who are not enrolled in a state-funded transitional kindergarten program. This priority shall not include children eligible pursuant to clause (v) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 8208 if they are from families with incomes above the income eligibility threshold, as described in Section 8213. (B) (i) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (ii) If two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, a child who is identified as a dual language learner shall be enrolled first. (iii) If there are no children who are identified as dual language learners, the child that has been on the waiting list for the longest time shall be admitted first. (4) (A) The fourth priority for services shall be given to children of employees of a local educational agency. (B) Within this priority category, eligible children with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, shall be enrolled first. (5) (A) The fifth priority, after all otherwise eligible children have been enrolled, shall be children from families whose income is no more than 15 percent above the income eligibility threshold, as described in Section 8213. (B) Within this priority category, priority shall be given to three- and four-year-old children with exceptional needs interested in enrolling beyond those already enrolled in the set aside pursuant to Section 8208. (C) (i) After the children enrolling pursuant to subparagraph (B) are enrolled, three- and four-year-old children without exceptional needs shall be enrolled in income ranking order, with the lowest income according to the income ranking on the most recent schedule of income ceiling eligibility table, as published by the Superintendent at the time of enrollment, being enrolled first. (ii) For purposes of clause (i), if two or more families have the same income ranking according to the most recent schedule of income ceiling eligibility table, the child that has been on the waiting list for the longest time shall be admitted first. (6) After all otherwise eligible children have been enrolled in the first through fifth priority categories, as described in paragraphs (1) to (5), inclusive, a provider may enroll any eligible child pursuant to Section 8208. (b) The Superintendent shall set criteria for, and may grant specific waivers of, the priorities established in this section for agencies that wish to serve specific populations, including children with exceptional needs or children of prisoners. These new waivers shall not include proposals to avoid appropriate fee schedules or admit ineligible families, but may include proposals to accept members of special populations in other than strict income order, as long as appropriate fees are paid. (c) This section shall become operative on July 1, 2027. (Amended (as added by Stats. 2024, Ch. 73, Sec. 12) by Stats. 2026, Ch. 25, Sec. 8. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8212. Source version: id_0bdb3d68-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) (1) A local educational agency exempt from licensing pursuant to subdivision (o) of Section 1596.792 of the Health and Safety Code shall use the uniform complaint process it has adopted as required by Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, with modifications, as necessary, to resolve any deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 1596.7925 of the Health and Safety Code. (2) A complaint may be filed anonymously. A complainant who identifies themselves is entitled to a response if the complainant indicates that a response is requested. A complaint form shall include a space to mark to indicate whether a response is requested. If Section 48985 is otherwise applicable, the response, if requested, and report shall be written in English and the primary language in which the complaint was filed. All complaints and responses are public records. (3) The complaint form shall specify the location for filing a complaint. A complainant may add as much text to explain the complaint as the complainant wishes. (4) A complaint shall be filed with the preschool program administrator or their designee. A complaint about problems beyond the authority of the preschool program administrator shall be forwarded in a timely manner, but not to exceed 10 working days to the appropriate local educational agency official for resolution. (b) The preschool program administrator or the designee of the district superintendent, as applicable, shall make all reasonable efforts to investigate any problem within their authority. Investigations shall begin within 10 days of the receipt of the complaint. The preschool program administrator or designee of the district superintendent shall remedy a valid complaint within a reasonable time period, but not to exceed 30 working days from the date the complaint was received. The preschool program administrator or designee of the district superintendent shall report to the complainant the resolution of the complaint within 45 working days of the initial filing. If the preschool program administrator makes this report, the preschool program administrator shall also report the same information in the same timeframe to the designee of the district superintendent. (c) A complainant not satisfied with the resolution of the preschool program administrator or the designee of the district superintendent has the right to describe the complaint to the governing board or body, as applicable, of the local educational agency at a regularly scheduled hearing of the governing board or body, as applicable, of the local educational agency. A complainant who is not satisfied with the resolution proffered by the preschool program administrator or the designee of the district superintendent has the right to file an appeal to the Superintendent. (d) A local educational agency shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the governing board or body, as applicable, of the local educational agency. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board or body, as applicable, of the local educational agency. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. The complaints and written responses shall be available as public records. (e) In order to identify appropriate subjects of complaint, a notice shall be posted in each California state preschool program classroom in each school in the local educational agency notifying parents, guardians, pupils, and teachers of both of the following: (1) The health and safety requirements under Title 5 of the California Code of Regulations that apply to California state preschool programs pursuant to Section 1596.7925 of the Health and Safety Code. (2) The location at which to obtain a form to file a complaint. Posting a notice downloadable from the internet website of the department shall satisfy this requirement. (f) A local educational agency shall establish local policies and procedures, post notices, and implement this section. (g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by renumbering Section 8235.5 by Stats. 2021, Ch. 116, Sec. 34. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8213. Source version: id_033821ae-74c7-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) For purposes of establishing initial income eligibility for services under this chapter, “income eligible” means that a family’s adjusted monthly income is at or below 100 percent of the state median income, adjusted for family size, as specified in subdivision (c). (b) For purposes of establishing ongoing income eligibility under this chapter, “ongoing income eligible” means that a family’s initial income eligibility for services at the time of enrollment will be in effect, regardless of an increase in income. (c) The Department of Finance shall calculate the state median income for family sizes of one to four, inclusive, by using the most recent census data available on state median family income in the past 12 months by family size. The Department of Finance shall calculate the state median income for family sizes of five and above by using the most recent census data for a family of four and multiplying this number by the ratios for the appropriate family size used in the federal Low-Income Home Energy Assistance Program (42 U.S.C. Sec. 8621 et seq.) and specified in federal regulations at paragraphs (5), (6), and (7) of subdivision (b) of Section 96.85 of Title 45 of the Code of Federal Regulations. The Department of Finance shall update its calculations of the state median income for families according to the methodology provided in this subdivision and provide the updated data to the department no later than March 1 of each fiscal year. (d) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included as income for purposes of determining eligibility for childcare under this chapter. (e) Payments made on behalf of a child pursuant to Section 11460, 11461.3, 11461.36, or 11461.4 of the Welfare and Institutions Code shall not be included as income for purposes of determining eligibility for preschool pursuant to Section 8208. (f) Notwithstanding any other law, guaranteed income payments received by an individual shall not be included as income for purposes of determining eligibility for preschool pursuant to Section 8208. For purposes of this subdivision, “guaranteed income payments” mean unconditional, recurring, regular cash payments, whether publicly or privately funded, that are intended to support the basic needs of eligible recipients, including, but not limited to, payments provided through pilot programs and projects receiving funding from the California Guaranteed Income Pilot Program (Chapter 16 (commencing with Section 18997) of Part 6 of Division 9 of the Welfare and Institutions Code). (Amended by Stats. 2026, Ch. 25, Sec. 9. (AB 150) Effective June 29, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8213.5. Source version: id_c93687aa-70e1-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) For purposes of establishing eligibility for services under this chapter, “a member of the household who is certified to receive benefits from Medi-Cal, CalFresh, the California Food Assistance Program, the California Special Supplemental Nutrition Program for Women, Infants, and Children, the federal Food Distribution Program on Indian Reservations, Head Start, Early Head Start, or any other designated means-tested government program, as determined by the department” means either of the following: (1) A member of the household has been certified as eligible to receive benefits or services in any of those programs. The family shall provide documentation of current enrollment in the program, unless the contracting agency has, and elects to use, other means of obtaining verification of that enrollment. (2) A contracting agency has determined a member of the household is eligible for Head Start or Early Head Start services. (b) Families qualifying for eligibility under subparagraph (E) of paragraph (1) of subdivision (a) of, or under clause (v) of subparagraph (A) of paragraph (1) of subdivision (c) of, Section 8208 shall have the income declared on the application for the means-tested government program as its income for the purposes of prioritizing enrollment and calculating family fees. (c) Notwithstanding the rulemaking provision of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through the issuance of guidance or other written directives. (Added by Stats. 2022, Ch. 923, Sec. 4. (SB 1047) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8214. Source version: id_925047a4-f01b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. If families have to be disenrolled from subsidized preschool services, families shall be disenrolled in reverse priority order for services, as specified in Sections 8210 and 8211, as applicable. (Repealed and added by Stats. 2021, Ch. 116, Sec. 27. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8215. Source version: id_0b8b2c90-74c7-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) The department shall annually monitor funding used in, and hours of service provided in, the California state preschool program, and shall annually report to the Department of Finance and to the Legislature a statewide summary identifying the estimated funding used for, and the number of, preschool age children receiving part-day preschool and wraparound childcare services. The annual report shall include a comparison to the prior year on a county-by-county basis. (b) The monitoring shall include projections of total enrollment, age of enrolled, and contract earnings, and the projections shall be collected from providers through surveys by October 1 of each fiscal year. (Amended by Stats. 2026, Ch. 25, Sec. 10. (AB 150) Effective June 29, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8216. Source version: id_30b91b2e-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) The department and the State Department of Social Services shall promote full utilization of childcare and development funds and match available unused funds with identified service needs. The department and the State Department of Social Services shall attempt to arrange intraagency adjustments between California state preschool contracts and general childcare contracts for the same agency and funding allocation. The department and the State Department of Social Services shall establish timelines for intraagency contract fund transfers. (b) Notwithstanding the rulemaking provision of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department and the State Department of Social Services may implement and administer this section through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of requests to transfer funds. (Added by renumbering Section 8236.2 by Stats. 2021, Ch. 116, Sec. 37. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8217. Source version: id_13c86582-74c7-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a school district or public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are unduplicated pupils, as defined in subdivision (b) of Section 42238.02, may enroll two-, three-, and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following: (1) Enrollment of eligible two-, three-, and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within, or have a parent or guardian who is employed within, the attendance boundary of the qualifying school district or public school in which the state preschool program is located. Providers shall require proof of residency or employment location as a condition of enrollment. (2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income. (b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2023. (2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2024. (c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school. (d) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended (as amended by Stats. 2024, Ch. 998, Sec. 4) by Stats. 2026, Ch. 25, Sec. 11. (AB 150) Effective June 29, 2026. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 12 of Stats. 2026, Ch. 25.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8217. Source version: id_1cc93c94-74c7-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) Notwithstanding any other law, a provider operating a state preschool program within the attendance boundary of a school district or public school, except a charter or magnet school, where at least 80 percent of enrolled pupils are unduplicated pupils, as defined in subdivision (b) of Section 42238.02, may enroll three- and four-year-old children, as defined in Section 8205, in accordance with the enrollment priorities set forth in Sections 8210 and 8211. Any remaining slots may be open to enrollment of any families not otherwise eligible pursuant to Section 8208, subject to both of the following: (1) Enrollment of eligible three- and four-year-old children pursuant to this paragraph shall be limited to families that establish residency within, or have a parent or guardian who is employed within, the attendance boundary of the qualifying school district or public school in which the state preschool program is located. Providers shall require proof of residency or employment location as a condition of enrollment. (2) To the best of their ability, providers shall give first enrollment priority for slots available pursuant to this paragraph to families with the lowest income, and last enrollment priority to families with the highest income. (b) (1) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement subdivision (a), the department shall implement subdivision (a) through management bulletins or similar letters of instruction issued on or before December 1, 2023. (2) The department shall initiate a rulemaking action to implement subdivision (a) on or before December 31, 2024. (c) For purposes of this section, “magnet school” means an entire school with a focus on a special area of study, such as science, the performing arts, or career education, designed to attract pupils from across the school district who may choose to attend the magnet school instead of their local public school. (d) This section shall become operative on July 1, 2027. (Amended (as added by Stats. 2024, Ch. 998, Sec. 5) by Stats. 2026, Ch. 25, Sec. 12. (AB 150) Effective June 29, 2026. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8220. Source version: id_496a8472-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. As a condition of receipt of funds pursuant to Section 8221, a participating part-day preschool program shall coordinate the provision of all of the following: (a) Opportunities for parents and legal guardians to work with their children on interactive literacy activities. For purposes of this subdivision, “interactive literacy activities” means activities in which parents or legal guardians actively participate in facilitating the acquisition by their children of prereading skills through guided activities such as shared reading, learning the alphabet, and basic vocabulary development. (b) Parenting education for parents and legal guardians of children in participating classrooms to support the development by their children of literacy skills. Parenting education shall include, but not be limited to, instruction in all of the following: (1) Providing support for the educational growth and success of their children. (2) Improving parent-school communications and parental understanding of school structures and expectations. (3) Becoming active partners with teachers in the education of their children. (4) Improving parental knowledge of local resources for the identification of and services for developmental disabilities, including, but not limited to, contact information for school district special education referral. (c) Referrals, as necessary, to providers of instruction in adult education and English as a second language in order to improve the academic skills of parents and legal guardians of children in participating classrooms. (d) Staff development for teachers in participating classrooms that includes, but is not limited to, all of the following: (1) Development of a pedagogical knowledge, including, but not limited to, improved instructional and behavioral strategies. (2) Knowledge and application of developmentally appropriate assessments of the prereading skills of children in participating classrooms. (3) Information on working with families, including the use of onsite coaching, for guided practice in interactive literacy activities. (4) Providing targeted interventions for all young children to improve kindergarten readiness upon program completion. (Added by renumbering Section 8238 by Stats. 2021, Ch. 116, Sec. 40. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8221. Source version: id_57ef67e4-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) A family literacy supplemental grant shall be made available and distributed to qualifying California state preschool classrooms, as determined by the Superintendent, at a rate of two thousand five hundred dollars ($2,500) per class. The Superintendent shall distribute the family literacy supplemental grant funds according to the following priorities: (1) First priority shall be assigned to California state preschool programs that contract to receive this funding before July 1, 2012. These programs shall receive this funding until their contract is terminated or the California state preschool program no longer provides family literacy services. (2) Second priority shall be assigned to California state preschool programs operating classrooms located in the attendance area of elementary schools in deciles 1 to 3, inclusive, based on the most recently published Academic Performance Index pursuant to Section 52056. The Superintendent shall use a lottery process in implementing this paragraph. (b) A family literacy supplemental grant distributed pursuant to this section shall be used for purposes specified in Section 8220. (c) Implementation of this section is contingent upon funding being provided for family literacy supplemental grants for California state preschool programs in the annual Budget Act or other statute. (Added by renumbering Section 8238.4 by Stats. 2021, Ch. 116, Sec. 41. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8222. Source version: id_5d409fba-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) Notwithstanding any other provision of this chapter to the contrary, the department shall do all of the following: (1) Provide prospective California state preschool program contractors an equitable opportunity to establish trained workforces and administrative systems, and technical assistance on how to meet the requirements of Title 5 of the California Code of Regulations, including applicants that meet either of the following: (A) The applicant has not received a California state preschool program contract within the last five years. (B) The applicant has not previously received a California state preschool program contract. (2) Develop early learning resources, including, but not limited to, early learning resources regarding all of the following: (A) The importance of early learning to improve school readiness for kindergarten and pupil outcomes in elementary and secondary schools. (B) Best practices of existing successful early learning programs. (C) Information on statutes and regulations pertaining to early learning programs. (D) Instructions for paper and electronic applications for administrative and funding purposes relating to operating an early learning program, including requests for applications. (3) Develop and communicate guidance to inform prospective and existing universal preschools, as defined in Section 8320, about current flexibilities available to serve children in mixed-income settings, such as through combining public funding and private tuition. (4) Develop and implement a proactive one-time three-year outreach, capacity building, training, and technical assistance plan that shall target prospective and new contractors, and which shall include, but not be limited to, a plan for application technical assistance for prospective first-time California state preschool program contractors. The plan shall include both web-based and in-person opportunities for training and technical assistance. (5) Disseminate information regarding training and technical assistance events, trainings, and resources through multiple communication channels, including, but not limited to, letters, departmental LISTSERVs, and social media. (6) (A) Create, for purposes of more effective outreach and communication and to provide more services and educational opportunities to three- and four-year-old children, a separate webpage on its internet website that shall include, but not be limited to, all of the following: (i) Detailed information on starting, funding, and operating a California state preschool program. (ii) Existing resources from the department pertaining to technical assistance for early learning programs, including past and upcoming webinars and events. (iii) The early learning resources described in paragraph (2). (iv) Dates and times of upcoming trainings and technical assistance events conducted pursuant to paragraph (4). (v) Online electronic applications. (B) The department shall complete the webpage described in subparagraph (A), and make it publicly accessible, on or before January 1, 2026. The department shall annually update the webpage, including, but not limited to, updating the webpage to reflect any new or revised statutes or regulations. (C) The department may modify the California state preschool program request for application requirements to simplify and streamline the application process for prospective California state preschool program contractors. (b) This section shall only become operative upon appropriation by the Legislature for its purposes. (Amended by Stats. 2025, Ch. 67, Sec. 42. (AB 1170) Effective January 1, 2026. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8223. Source version: id_70e1aab8-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) Contractors operating through a family childcare home education network shall do all of the following: (1) Recruit, enroll, and certify eligible families. (2) Recruit, train, support, and reimburse licensed family childcare home providers. (3) Collect family fees in accordance with contract requirements. (4) Assess, according to standards set by the department, the educational quality of the program offered in each family childcare home in the network. (5) Assure that a developmental profile is completed for each child based upon observations of network staff, in consultation with the provider. (6) Monitor requirements, including quality standards, and conduct periodic assessments of program quality in each family childcare home affiliated with the network. (7) Ensure that basic health and nutrition requirements are met. (8) Provide data and reporting in accordance with contract requirements. (b) Each contractor shall ensure that their staff have sufficient training to successfully accomplish the requirements of subdivision (a). (Added by renumbering Section 8246 by Stats. 2021, Ch. 116, Sec. 49. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8223.5. Source version: id_b7228e75-5323-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) On or before March 1, 2024, a contractor operating a California state preschool program through a family childcare home education network shall develop, implement, and publish for access by family childcare providers a plan for timely payment to family childcare home providers, including publication in written information for providers and in individual provider agreements. The plan shall include all of the following: (1) A provision requiring that family childcare providers shall be paid within 21 calendar days of the provider’s submission of daily sign-in and sign-out sheets, as referenced in Section 17818 of Title 5 of the California Code of Regulations. (2) A schedule for the payment of services that shall be signed by the family childcare provider. (3) A provision requiring that if a provider submits attendance records or invoices for multiple children and not all individual records or invoices within the submission include adequate information to provide a payment, payments shall not be withheld for those individual records or invoices that include adequate information to provide a payment. (4) Procedures that establish clear processes and timelines to resolve overpayment and underpayment issues, which shall include the provider’s written consent to recover any overpayment. (5) A provision that if a contractor is unable to issue reimbursement payments to providers within 21 calendar days pursuant to the requirement specified in paragraph (1) due to extenuating circumstances, including, but not limited to, an emergency or payment system malfunction, the impacted provider shall be notified within a reasonable timeframe of the contractor becoming aware of the circumstance causing the delay of reimbursement payment. (b) Contractors shall publish the plans developed pursuant to this section for childcare providers to access and reference. The plans shall be published in documents available to providers, such as individual provider agreements, as appropriate. (c) The department shall support contractors with the development and implementation of the plans prepared pursuant to this section and in compliance with the requirement for timely payments. If the department becomes aware that a contractor is not complying with the requirements of this section, the department may issue a finding of noncompliance, and the contractor may be subject to corrective action. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 2023, Ch. 193, Sec. 2. (SB 140) Effective September 13, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8224. Source version: id_7d27c1ba-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. (a) The Superintendent shall ensure that eligible children with exceptional needs are given equal access to all California state preschool programs. Available federal and state funds for children with exceptional needs above the standard reimbursement amount shall be used to assist agencies in developing and supporting appropriate programs for these children, including federal and state funds available for the provision of special education and related services, as appropriate. (b) Any child with exceptional needs served in California state preschool programs shall be afforded all rights and protections guaranteed in state and federal laws and regulations for individuals with exceptional needs. (Added by renumbering Section 8250 by Stats. 2021, Ch. 116, Sec. 52. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 2. Program Administration [8207 - 8225] SECTION 8225. Source version: id_897e055c-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=2. A contractor providing California state preschool services is subject to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.). (Added by renumbering Section 8250.5 by Stats. 2021, Ch. 116, Sec. 53. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 22.5. After School Learning and Safe Neighborhoods Partnerships Program [8483.3 - 8484.5] SECTION 8483.3. Source version: id_f6f7e466-8d07-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=22.5. (a) The State Department of Education shall select applicants to participate in the program established pursuant to this article from among applicants that apply on forms and in a manner prescribed by the department. To the extent possible, the selection of applicants by the State Department of Education shall result in an equitable distribution of grant awards pursuant to Section 8483.7 to applicants in northern, southern, and central California, and in urban, suburban, and rural areas of California. (b) The State Department of Education shall consider the following in selecting schools to participate in the program established pursuant to this article, with primary emphasis given to items (1) through (4): (1) Strength of the educational component. (2) Quality of the educational enrichment component. (3) Strength of staff training and development component. (4) Scope and strength of collaboration, including demonstrated support of the schoolsite principal and staff. (5) Inclusion of a nutritional snack. (6) Employment of CalWORKs recipients. (7) Level and type of local matching funds. (8) Capacity to respond to program evaluation requirements. (9) Demonstrated fiscal accountability. (c) The State Department of Education shall develop reporting requirements and allocation procedures, including procedures to reimburse startup costs for programs established pursuant to this article. (Added by Stats. 1998, Ch. 318, Sec. 2. Effective August 19, 1998. See the prevailing Section 8483.3 (added by Stats. 1998, Ch. 320), as amended by Stats. 2016, Ch. 470, in the Article 22.5 commencing with Section 8482.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 22.5. After School Learning and Safe Neighborhoods Partnerships Program [8483.3 - 8484.5] SECTION 8483.9. Source version: id_f97603d2-8d07-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=22.5. (a) A program participant receiving funding pursuant to this article may expend on indirect costs no more than the lesser of the following: (1) The school district’s indirect cost rate, as approved by the State Department of Education for the appropriate fiscal year. (2) Five percent of the state program funding received pursuant to this article. (b) A program participant receiving state funding pursuant to this article may expend no more than 15 percent of that funding on administrative costs. For purposes of this section, administrative costs shall include indirect costs, as described in subdivision (a). (c) A program participant receiving state funding pursuant to this program shall ensure that no less than 85 percent of that funding is allocated to schoolsites for direct services to pupils. (Added by Stats. 1998, Ch. 318, Sec. 2. Effective August 19, 1998. See the prevailing Section 8483.9 (added by Stats. 1998, Ch. 320), as amended by Stats. 2010, Ch. 229, in the Article 22.5 commencing with Section 8482.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 22.5. After School Learning and Safe Neighborhoods Partnerships Program [8483.3 - 8484.5] SECTION 8484.5. Source version: id_f9280ae0-8d07-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=22.5. (a) All school-based before and after school programs established pursuant to Section 8481 that are in operation on the date of the enactment of the act adding this section shall elect one of the following options on or before July 1, 1999: (1) Continuing operation as a schoolage community child care services program pursuant to the remaining operative provisions of Article 22 (commencing with Section 8460). (2) Operating as an After School Learning and Safe Neighborhoods Partnerships Program pursuant to this article. (b) It is the intent of the Legislature that any appropriation for programs established pursuant to Section 8481 be redirected to the appropriation made for programs established pursuant to Article 22 (commencing with Section 8460) or to the appropriation made for programs established pursuant to this article. The State Department of Education shall report the amounts that shall be redirected pursuant to this subdivision to the Department of Finance for approval and adjustment of the budget. The Controller shall adjust the appropriation amounts in accordance with budget revisions approved for this purpose by the Department of Finance. (Added by Stats. 1998, Ch. 318, Sec. 2. Effective August 19, 1998. See the identical Section 8484.5, as added by Stats. 1998, Ch. 320, in the Article 22.5 commencing with Section 8482.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 22.6. 21st Century Community Learning Centers [8484.7 - 8484.9] SECTION 8484.7. Source version: id_0029e68e-898c-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=22.6. It is the intent of the Legislature that the 21st Century Community Learning Centers program contained within the federal No Child Left Behind Act of 2001 (Public Law 107-110) complement the After School Education and Safety Program established by Article 22.5 (commencing with Section 8482) to provide year-round opportunities for expanded learning, as defined in Section 8482.1, and to support the local flexibility needed to implement federal 21st Century Community Learning Centers programs through after school grants as specified in this article. (Amended by Stats. 2014, Ch. 370, Sec. 21. (SB 1221) Effective January 1, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 22.6. 21st Century Community Learning Centers [8484.7 - 8484.9] SECTION 8484.75. Source version: id_27119528-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=22.6. The requirements of the After School Education and Safety Program described in Article 22.5 (commencing with Section 8482) apply to the program established by this article, with the following exceptions as applicable: (a) Sections 8482.5, 8482.55, 8483.5, 8483.55, 8483.6, 8483.7, 8483.75, and 8484.5 do not apply to this article. (b) Any provision of Article 22.5 (commencing with Section 8482) that is in conflict with, or duplicative of, any provision of this article. (c) Any provision that is in conflict with applicable federal law or regulations. (Amended by Stats. 2006, Ch. 538, Sec. 89. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 22.6. 21st Century Community Learning Centers [8484.7 - 8484.9] SECTION 8484.8. Source version: id_6dd8c9ca-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=22.6. In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funds appropriated in Item 6110-197-0890 of Section 2.00 of the Budget Act of 2002 are available for expenditure as follows, with any subsequent allocations for these purposes to be determined in the annual Budget Act: (a) Beginning with the 2006–07 fiscal year, 5 percent of the federal funds appropriated through this article shall be available to the department for purposes of providing technical assistance, evaluation, and training services, and for contracting for local technical assistance, for carrying out programs related to 21st Century Community Learning Centers programs. (1) The department shall provide directly, or contract for, technical assistance for new programs and any program that is not meeting attendance or performance goals, or both, and requests that assistance. (2) (A) Training and support shall include, but is not limited to, the development and distribution of voluntary guidelines for physical activity programs established pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 8482.3, that expand the learning opportunities of the schoolday. (B) The department shall distribute these voluntary guidelines for physical activity programs on or before July 1, 2009. (3) In accordance with Part B of Title IV of the federal No Child Left Behind Act of 2001 (Public Law 107-110), funding for programs that promote parent involvement and family literacy are an allowable use of these funds. (b) (1) At least 5 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be available for grants to provide equitable access and participation in community learning center programs, in an amount not to exceed twenty-five thousand dollars ($25,000) per site, per year, according to needs determined by the local community. (2) For purposes of paragraph (1), the department shall determine the requirements for eligibility for a grant, consistent with the following: (A) Consistent with the local partnership approach inherent in Article 22.5 (commencing with Section 8482), grants awarded under this subdivision shall provide supplemental assistance to programs. It is not intended that a grant fund the full anticipated costs of the services provided by a community learning center program. (B) In determining the need for a grant pursuant to this subdivision, the department shall base its determination on a needs assessment and a determination that existing resources are not available to meet these needs, including, but not limited to, a description of how the needs, strengths, and resources of the community have been assessed, currently available resources, and the justification for additional resources for that purpose. (C) The department shall award grants for a specific purpose, as justified by the applicant. (3) To be eligible to receive a grant under this subdivision, the designated public agency representative for the applicant shall certify that an annual fiscal audit will be conducted and that adequate, accurate records will be kept. In addition, each applicant shall provide the department with the assurance that funds received under this subdivision are expended only for those services and supports for which they are granted. The department shall require grant recipients to submit annual budget reports, and the department may withhold funds in subsequent years if after school grant funds are expended for purposes other than as awarded. (4) The department shall require grant recipients to submit quarterly expenditure reports, and the department may withhold funds in subsequent years if access or literacy grant funds are expended for purposes other than as granted. (c) At least 50 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated on a priority basis for after school grants to community learning centers serving high school pupils funded pursuant to Section 8421. The department shall allocate funds to each geographic region described in subdivision (a) of Section 8423 by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each region’s percentage shall be determined by dividing the region’s number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. (d) Grant awards under this section shall be restricted to those applications that propose primarily to serve pupils that attend schoolwide programs, as described in Title I of the federal No Child Left Behind Act of 2001 (Public Law 107-110). Competitive priority shall be given to applications that propose to serve pupils in schools designated as being in need of improvement under subsection (b) of Section 6316 of Title 20 of the United States Code, and that are jointly submitted by school districts and community-based organizations. (e) (1) Up to 40 percent of the total amount appropriated pursuant to this article, after funds have been allocated pursuant to subdivision (a), shall be allocated to programs serving elementary and middle school pupils and receiving funds pursuant to the Community Schools Partnership Act (Chapter 6 (commencing with Section 8900)). The department shall allocate funds to each geographic region described in subdivision (k) by the regional percentage of statewide pupils who are eligible for free or reduced-price meals reported to the department for the immediately preceding fiscal year. Each region’s percentage shall be determined by dividing the region’s number of pupils eligible for free or reduced-price meals by the statewide number of pupils eligible for free or reduced-price meals. The administrators of a program established pursuant to this article may operate during regular schooldays for a minimum of 15 hours per week and any combination of summer, intersession, or vacation periods for a minimum of three hours per day for the regular school year pursuant to Section 8483.7. Grantees administering comprehensive programs established pursuant to Section 8482.3 are also eligible for funding for summer, intersession, or vacation periods pursuant to this section. (2) After school and summer funding grants for programs serving middle and elementary school pupils shall be allocated according to the same funding provisions, and subject to the same reporting and accountability provisions, as described in Sections 8483.7 and 8483.75. (3) (A) Priority shall be given to grant applications that will provide year-round expanded learning programming, including programs that complement existing funded programs. Year-round expanded learning programs are defined as any combination of an applicant that provides year-round programming, an applicant that offers summer programming to complement existing after school programs, or an applicant that offers after school programs to complement existing summer programs. The applicant is not required to be the same entity that operates the existing program, but shall identify the grantee with whom the applicant is coordinating for the purpose of providing year-round programming. (B) Priority shall be given to grant applications that will provide expanded learning programs on schoolsites not receiving funds for expanded learning opportunity programs provided pursuant to Section 46120. (4) (A) Funding for a grant shall be allocated in annual increments for a period not to exceed five years, subject to annual reporting and recertification as required by the department. The department shall establish a payment system to accommodate upfront payments. The department shall notify new grantees, whose grant awards are contingent upon the appropriation of funds for those grants, in writing no later than May 15 of each year in which new grants are awarded. A first-year grant award shall be made no later than 60 days after enactment of the annual Budget Act and any authorizing legislation. A grant award for the second and subsequent fiscal years shall be made no later than 30 days after enactment of the annual Budget Act and any authorizing legislation. The grantee shall notify the department in writing of its acceptance of the grant. (B) For the first year of a grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the grantee accepts the grant. For the second and subsequent years of the grant, the department shall allocate 25 percent of the grant for that year no later than 30 days after the annual Budget Act becomes effective. The grantee shall not use more than 15 percent of an annual grant award for administrative costs. (C) In addition to the funding allowed for administrative costs under subparagraph (B), up to 15 percent of the initial annual grant award for each after school grant recipient may be used for startup costs. (D) Under no circumstance shall funding made available pursuant to subparagraphs (B) and (C) result in an increase in the total funding of a grantee above the approved grant amount. (5) A grantee shall identify the federal, state, and local programs that will be combined or coordinated with the proposed program for the most effective use of public resources, and shall prepare a plan for continuing the program beyond federal grant funding. (6) A grantee shall submit semiannual attendance data and results to facilitate evaluation and compliance in accordance with provisions established by the department. (7) A program receiving a grant under this subdivision is not assured of grant renewal from future state or federal funding at the conclusion of the grant period. However, priority for funding pursuant to this subdivision shall be given to programs with expiring grants, if those programs have satisfactorily met projected pupil outcomes pursuant to subdivision (a) of Section 8484. (8) Funds awarded pursuant this article shall not supplant funding used to meet the minimum offer and access requirements of the Expanded Learning Opportunities Program established pursuant to Section 46120. Grantees may, to the extent consistent with the requirements of this article, use funds awarded pursuant to this article to provide expanded learning services and supports that exceed the minimum requirements of Section 46120, including, but not limited to, serving additional pupils, extending program offerings, or enhancing program quality beyond the baseline services required pursuant to Section 46120. (f) A total annual grant award for after school funding and grants for a site serving elementary or middle school pupils shall be fifty thousand dollars ($50,000) per year or more, consistent with federal requirements. (g) Notwithstanding any other law, and contingent upon the availability of funding, the department may adjust the after school grant cap of any grantee based upon one or both of the following: (1) Amendments made to this section by Chapter 555 of the Statutes of 2005. (2) The demonstrated pupil attendance pattern of the grantee. The department may adjust grant awards pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 8483.7. (h) Funds received but unexpended under this article may be carried forward to subsequent years consistent with federal requirements. In year one, the full grant may be retained. (i) If funds remain after all of the priority allocations required pursuant to subdivisions (a), (b), (c), and (e) have been made, the department may use that money to fund additional qualified grant applications under subdivision (c), in order to ensure that all federal funds received for these purposes are expended for these purposes. If funds remain after additional qualified grant applications are approved for funding pursuant to subdivision (c), the department may award the remaining funds for additional qualified grant applications pursuant to subdivisions (b) and (e). (j) In any fiscal year in which the total state appropriation for that fiscal year exceeds the total state appropriation for the 2008–09 fiscal year after funds have been allocated pursuant to subdivision (a), the excess amount shall be allocated on a priority basis for after school grants to community learning centers funded pursuant to Section 8421 as follows: (1) Thirty-five percent to community learning centers serving high school pupils. (2) Fifty percent to community learning centers serving elementary and middle school pupils. (3) Fifteen percent to summer programs serving elementary and middle school pupils. (k) (1) To the extent possible, the selection of applicants by the department pursuant to this article shall result in an equitable distribution of grant awards to applicants in northern, southern, and central California, and in urban and rural areas of the state. (2) For purposes of paragraph (1), the following terms shall have the following meanings: (A) “Central California” means California County Superintendents Educational Services Association regions five to eight, inclusive. (B) “Northern California” means California County Superintendents Educational Services Association regions one to four, inclusive. (C) “Southern California” means California County Superintendents Educational Services Association regions 9 to 11, inclusive. (D) “Urban and rural areas” shall be as defined by the United States Census Bureau. (l) This article shall be operative only to the extent that federal funds are made available for the purposes of this article. It is the intent of the Legislature that this article not be considered a precedent for general fund augmentation of either the state administered, federally funded program of this article, or any other state funded before or after school program. (Amended by Stats. 2026, Ch. 65, Sec. 15. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 22.6. 21st Century Community Learning Centers [8484.7 - 8484.9] SECTION 8484.9. Source version: id_20b6cfdb-317d-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=22.6. (a) There is hereby established in the department an Advisory Committee on Before and After School Programs for the purpose of providing information and advice to the Superintendent and the state board regarding state and federal policy and funding issues affecting before and after school programs, based on regular and systematic input from providers. (b) The membership of the advisory committee shall consist of all of the following persons, the majority of whom shall be operators of before or after school programs: (1) Six persons appointed by the Governor as follows: (A) Two persons who operate an urban before or after school program. (B) Two persons who operate a rural before or after school program. (C) One person from a private foundation or a postsecondary academic institution. (D) One person representing a unified school district. (2) Two persons appointed by the Superintendent as follows: (A) One person who operates a high school after school program. (B) One person from a private foundation or a postsecondary academic institution. (3) Two persons appointed by the Senate Committee on Rules as follows: (A) One person who operates a small elementary after school program. (B) One person who operates a large middle school after school program. (4) Two persons appointed by the Speaker of the Assembly as follows: (A) One person who operates a large elementary school after school program. (B) One person who operates a small middle school after school program. (5) The president of the state board or his or her designee. (c) The advisory committee membership shall be representative of the diversity of before and after school programs, regarding geography, size, and public or nonpublic operation. (d) The advisory committee members shall select one of its members to be the chair of the committee. It is the responsibility of the chair to act as the conduit between the advisory committee and the Superintendent, the state board, and appropriate staff. (e) The advisory committee shall nominate, and the state board shall confirm, a staff member to serve as consultant to the advisory committee. (f) The advisory committee shall meet as frequently as necessary but at least three times each year. The meetings of the committee may be conducted by teleconference. (g) The members of the advisory committee shall serve without compensation, including for travel and per diem expenses. (h) The advisory committee shall do all of the following: (1) Provide information on the status of funding provided for before and after school programs in each fiscal year, including the number of applications received, the number of applications funded, and the amount and timing of committed funding. (2) Provide recommendations on legislative and administrative action needed to ensure that funding for before and after school programs is allocated promptly to qualified providers of before and after school programs. (3) Provide information on the quality of services and accountability measures. (4) Provide information regarding challenges faced by before and after school programs that impede the provision of best possible services. (5) Make recommendations to the department on reporting requirements for high school programs operating pursuant to Section 8421 and for program evaluation and review pursuant to Sections 8427 and 8484. The advisory committee shall provide initial recommendations to the department, and shall provide a copy to the Legislature, on or before March 1, 2007. (6) Provide recommendations on the statewide evaluation design and outcome measures. (Amended by Stats. 2011, Ch. 347, Sec. 7. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 23. Child Supervision Programs [8485 - 8488] SECTION 8485. Source version: id_cce7c7e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=23. The governing board of any school district conducting instruction for pupils in any grade level up to, and including, the completion of junior high school, may establish a program of affordably priced supervision for children before and after school. (Added by renumbering Section 8480 (as added by Stats. 1985, Ch. 1440) by Stats. 1987, Ch. 1120, Sec. 11. Effective September 25, 1987.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 23. Child Supervision Programs [8485 - 8488] SECTION 8486. Source version: id_cce7c7e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=23. Child supervision programs conducted pursuant to this article shall be licensed or exempt programs administered and monitored by the school district. Programs may be staffed by district personnel or may be subcontracted to qualified private or nonprofit agencies, or to other public agencies. Each program shall be designed by administrators of the district to fit the needs at each school or site where a program is conducted. (Added by renumbering Section 8481 (as added by Stats. 1985, Ch. 1440) by Stats. 1987, Ch. 1120, Sec. 12. Effective September 25, 1987.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 23. Child Supervision Programs [8485 - 8488] SECTION 8487. Source version: id_cce94e85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=23. Child supervision programs conducted pursuant to this article shall consist of supervised activities including, but not limited to, arts and crafts, sports, quiet games, playground time and snacks, and homework. Computer training may also be made available. Extra enrichment programs and study trips may be made available for a fee that shall be paid by the children’s parents or guardians. (Added by renumbering Section 8482 by Stats. 1987, Ch. 1120, Sec. 13. Effective September 25, 1987.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 23. Child Supervision Programs [8485 - 8488] SECTION 8488. Source version: id_cce94e87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=23. Each school that elects to establish a child supervision program shall apply to the State Department of Education for a grant for each program of up to four thousand dollars ($4,000). Grants for the new programs established pursuant to this section shall be allocated to programs that meet both of the following requirements: (a) Have conducted a needs assessment of the local community. (b) Provide for a viable program plan. The grants may be used for any of the following: one month’s staffing cost, snacks, and the purchase of sports equipment, games, computers, and supplies as indicated by the budget submitted by the district. Once the program is operating, the district shall maintain the program through the fees charged the parents and guardians of the children in the program. The fee may be the same for each child regardless of family income or the number of hours a child participates in the program so that the self-supporting nature of the program is assured. School programs shall seek funding from local business, community, and philanthropic organizations to ensure that no needy child who desires to participate shall be denied the opportunity to participate because of inability to pay the fee. No one who desires to participate in the program shall be denied the opportunity to participate because of inability to pay the fee. The state department shall fund up to 250 programs. (Added by renumbering Section 8483 by Stats. 1987, Ch. 1120, Sec. 14. Effective September 25, 1987.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 24. Expulsion and Suspension Procedures in Childcare and Development Services Programs [8489 - 8489.1] SECTION 8489. Source version: id_97d557ba-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=24. For purposes of this article, the following terms shall apply: (a) “Expulsion” means the permanent dismissal of a child from a program in response to a child’s behavior. (b) “Licensed family childcare provider” means a childcare provider who participates in a state-funded early care and education program, and is an individual who operates a family daycare home, as defined in Section 1596.78 of the Health and Safety Code, and is licensed pursuant to the requirement in Section 1596.80 of the Health and Safety Code. (c) “Program” means a California State Preschool program described in subdivision (w) of Section 8205 or family childcare home education network programs described in subdivision (k) of Section 8205 that serves children from zero to five years of age, inclusive. (d) “Suspension” means any removal of a child from all or part of the program day, or the prevention of a child from attending the program for one or more days, in response to the child’s behavior. (e) “Persistent and serious behaviors” means either repeated patterns of behavior that significantly interfere with the learning of other children, or interactions with peers and adults that are not responsive to the use of developmentally appropriate guidance. This includes, but is not limited to, physical aggression, property destruction, and self-injury. (Added by Stats. 2022, Ch. 915, Sec. 4. (AB 2806) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 24. Expulsion and Suspension Procedures in Childcare and Development Services Programs [8489 - 8489.1] SECTION 8489.1. Source version: id_e98d5b1d-5323-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=24. (a) (1) Except as authorized by paragraph (3), a program shall not do either of the following: (A) Expel or unenroll a child because of a child’s behavior. (B) Persuade or encourage a child’s parents or legal guardians to voluntarily unenroll from the program due to a child’s behavior. (2) (A) If a child exhibits persistent and serious behaviors, the program shall expeditiously pursue and document reasonable steps, including, but not limited to, consulting with the child’s parents or legal guardians and teacher, and, if available, engaging an early childhood mental health consultant, to maintain the child’s safe participation in the program. The program shall inform the parents or legal guardians of a child exhibiting persistent and serious behaviors of the process described in this section in writing, including a description of the behaviors and the program’s plan for maintaining the child’s safe participation in the program. (B) (i) If the child has an individualized family service plan or individualized education program, the program, with written parental consent, shall contact the agency responsible for the individualized family service plan or individualized education program to seek consultation on serving the child. (ii) The program shall consider, if appropriate, completing a comprehensive screening to identify the needs of the child, including, but not limited to, screening the child’s social and emotional development, referring the child’s parents or legal guardians to community resources, and implementing behavior supports within the program. (3) If a program has expeditiously pursued and documented reasonable steps to maintain the child’s safe participation in the program and determines, in consultation with the parents or legal guardians of the child, the child’s teacher, and, if applicable, the local agency responsible for implementing the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), that the child’s continued enrollment would present a serious safety threat to the child or other enrolled children, it shall refer the parents or legal guardians to other potentially appropriate placements, the local childcare resource and referral agency, or other referral service available in the local community, and, to the greatest extent possible, support direct transition to a more appropriate placement. The program may then unenroll the child. (4) A program shall have up to 180 days to complete the process described in paragraphs (2) and (3). (b) (1) Except as provided in paragraphs (2), (3), and (4), a program shall not do either of the following: (A) Suspend a child due to a child’s behavior. (B) Encourage or persuade a child’s parents or legal guardians to prematurely pick up a child due to a child’s behavior before the program day ends. (2) Suspension shall only be used as a last resort in extraordinary circumstances when there is a serious safety threat that cannot be reduced or eliminated without removal. To the greatest extent possible, a program shall endeavor to ensure the full participation of enrolled children in all program activities. (3) Before a program determines that suspension is necessary, the program shall collaborate with the child’s parents or legal guardians and use appropriate community resources, as needed, to determine no other reasonable option is appropriate, and provide written notice to the child’s parents or legal guardians pursuant to paragraph (4) of subdivision (c). (4) If suspension is deemed necessary, a program shall help the child return to full participation in all program activities as quickly as possible while ensuring child safety by doing all of the following: (A) Continuing to engage with the parents or legal guardians and continuing to use appropriate community resources. (B) Developing a written plan to document the action and supports needed. (C) Providing referrals to appropriate community services. (D) If the child has an individualized family service plan or individualized education program, the program, with written parental consent, shall contact the agency responsible for the individualized family service plan or individualized education program to seek consultation on serving the child. (c) (1) The State Department of Education shall, commencing July 1, 2023, include in each contract for service with a program the limitations on expulsion and suspension provided in this section. (2) Commencing July 1, 2023, upon enrollment of a child, a program shall notify the child’s parents or legal guardians of the limitations on disenrollment, including expulsion and suspension provided in this section. This notification shall be in writing and shall inform parents on how they may file an appeal to the department in the event of the expulsion or suspension of a child. (3) Commencing July 1, 2023, in the event a program suspends or expels a child pursuant to this section, the program shall issue the child’s parent or guardian a written “Notice of Action, Recipient of Services,” as described in Section 17783 of Title 5 of the California Code of Regulations, with the exception that the effective date of the action may be no less than 24 hours after service of the notice. The agency shall, at the same time, inform the parent or guardian in writing of their right to file an appeal of the action directly with the department no later than 14 calendar days after receipt of the notice. Because the action to suspend or expel a child involves persistent and serious behaviors that impact the safety of children, the action shall not be stayed during the pendency of any appeal. (d) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State, the State Department of Education shall, in consultation with the State Department of Social Services, on or before December 31, 2023, issue guidance through management bulletins or similar letters of instruction for programs on implementing the requirements set forth in this article. (e) A program shall maintain records on, and, beginning on July 1, 2030, and subject to an appropriation by the Legislature for this purpose, the State Department of Education shall annually collect from contracting agencies, all of the following information: (1) The number of times the process described in paragraph (2) of subdivision (a) was initiated during a program year, and the outcome of each reported instance. (2) The number of times the process described in paragraphs (3) and (4) of subdivision (b) was initiated during a program year, and the outcome of each reported instance, including, if applicable, how long a child was excluded from the program. (3) The data collected pursuant to paragraphs (1) and (2) shall include for each child, at a minimum, age, sex, race and ethnicity, foster status, home language, disability, and whether the child has an individualized family service plan or an individualized education program. (f) (1) Subject to an appropriation by the Legislature for this purpose, no later than January 1, 2031, and annually thereafter, the State Department of Education shall publish aggregate data on how many times during the most recent program year the processes described in paragraph (2) of subdivision (a) and paragraphs (3) and (4) of subdivision (b) were initiated and the outcomes of the processes, disaggregated by student demographic, as required, and how many appeals or complaints the State Department of Education received from parents or legal guardians regarding expulsion and suspension. The data shall be made available at a statewide and countywide level and shall be disaggregated by age, sex, race and ethnicity, foster status, home language, disability, and assignment of an individualized family service plan or individualized education program, as applicable, pursuant to all applicable federal and state privacy protections. (2) Data collection pursuant to subdivision (e), and reporting pursuant to this subdivision, by the State Department of Education shall, to the greatest extent possible, be undertaken within the framework of the department’s existing data systems. (g) The State Department of Education shall create guidelines for offering additional support and requiring additional staff training for programs with exceptionally high numbers of suspension and expulsion reported pursuant to this section. (h) (1) This section shall not apply to licensed family childcare providers until the joint labor-management committee established pursuant to paragraph (2) of subdivision (a) of Section 10424.5 of the Welfare and Institutions Code makes recommendations for potential changes related to suspensions and expulsions. (2) Within 10 calendar days of the committee recommendations being completed, the State Department of Social Services and State Department of Education shall provide the committee recommendations to the Senate Health and Human Services budget subcommittees, Assembly and Senate Education budget subcommittees, and the Legislative Analyst’s Office. (Amended by Stats. 2023, Ch. 193, Sec. 5. (SB 140) Effective September 13, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8226. Source version: id_95f342ae-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. (a) The Legislature finds and declares that the effectiveness of preschool programs can be increased through improved state administration, technical assistance to provider agencies, and monitoring. (b) It is the intent of the Legislature: (1) That the Superintendent of Public Instruction develop clear, consistent, and appropriate regulations for preschool programs to replace policy guidelines that are not subject to the public hearing process, often inconsistent, and without the force of law. (2) That the department make better use of staff with direct field experience in early childhood programs. (3) That better criteria be developed for the awarding, evaluating, and renewal of preschool contracts. (4) That improvements be made in the method of reimbursing preschool providers. (5) That increased effort be made to provide preschool program operators with technical assistance in meeting their contractual obligations. (Added by renumbering Section 8255 by Stats. 2021, Ch. 116, Sec. 58. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8227. Source version: id_9e874376-f01b-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. The department shall develop procedures for annually evaluating the monitoring processes and the training and technical assistance that is to be provided to the contracting agencies. (Repealed and added by Stats. 2021, Ch. 116, Sec. 30. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8228. Source version: id_a28bbf70-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. The department shall do all of the following in administering the provisions of this chapter: (a) Apply sanctions against contracting agencies that have serious licensing violations, as defined and reported by the State Department of Social Services pursuant to Section 1597.11 of the Health and Safety Code. (b) Except in the case of immediate terminations taken pursuant to Section 8315 or 8316, provide 90 days’ written notification to any contractor whose agreement is being terminated. Notwithstanding Article 13 (commencing with Section 8306), the department shall establish procedures for placing a contractor whose agreement is being terminated into receivership. Action to initiate receivership shall be at the discretion of the department, and may be taken against a contractor whose agreement is being terminated either immediately or within 90 days. The receiver shall not be a department employee. The receiver shall have sufficient experience in the administration of early childhood programs to ensure compliance with the terms of the receivership. (Added by renumbering Section 8257 by Stats. 2021, Ch. 116, Sec. 61. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8229. Source version: id_aed83f12-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. (a) No person employed by the department in a policymaking position in the area of preschool programs shall serve as a member of the board of directors, advisory council, or advisory committee for any agency receiving funds pursuant to this chapter. The provisions of this subdivision shall not apply to any person appointed prior to January 1, 1985. (b) No retired, dismissed, separated, or formerly employed person of the state department employed under the State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 8233 in which the person engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the state department. The prohibition contained in this subdivision shall apply to the person only during the two-year period beginning on the date the person left state employment. (c) For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the state department may enter into a contract pursuant to Section 8233 if the person was employed by the department in a policymaking position in the area of preschool programs within the 12-month period prior to their retirement, dismissal, or separation. (d) For a period of 12 months following the date of their retirement, dismissal, or separation from state service, no person employed under State Civil Service or otherwise appointed to serve in the department may be employed by a contractor pursuant to Section 8233 if the person engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decisionmaking process relevant to the contract while employed in any capacity by the department. (e) The provisions of subdivisions (b), (c), and (d) shall not apply to any persons who were already in the situations described by these subdivisions prior to January 1, 1985. (Added by renumbering Section 8258 by Stats. 2021, Ch. 116, Sec. 62. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8230. Source version: id_bb414764-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. The department shall develop and coordinate resources, provide technical assistance, monitor program implementation, generate maximum federal reimbursement wherever possible for the federally eligible children, and facilitate alternative funding for those children for whom federal funds are not available. (Added by renumbering Section 8260 by Stats. 2021, Ch. 116, Sec. 63. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8231. Source version: id_c949e848-819c-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. (a) The Superintendent shall adopt rules and regulations pursuant to this chapter. The rules and regulations shall include, but not be limited to, provisions that do all of the following: (1) Provide clear guidelines for the selection of agencies when child development contracts are let, including, but not limited to, specification that any agency headquartered in the proposed service area will be given priority for a new contract in that area, unless the department makes a written determination that (A) the agency is not able to deliver the level of services specified in the request for proposal, or (B) the department has notified the agency that it is not in compliance with the terms of its contract. (2) Provide for a contract monitoring system to ensure that agencies expend funds received pursuant to this chapter in accordance with the provisions of their contracts. (3) Specify adequate standards of agency performance. (4) Establish reporting requirements for service reports, including provisions for varying the frequency with which these reports are to be submitted on the basis of agency performance. (5) Specify standards for withholding payments to agencies that fail to submit required fiscal reports. (6) Set forth standards for department site visits to contracting agencies, including, but not limited to, specification as to the purpose of the visits, the personnel that will perform these visits, and the frequency of these visits which shall be as frequently as staff and budget resources permit. (7) Authorize the department to develop a process that may require every contracting agency to recompete for continued funding no less frequently than every five years. (b) For purposes of expediting the implementation of state or federal legislation to expand preschool services, the department may do any of the following: (1) Use an alternative application process in which the department will evaluate the ability and standing of existing contractors in determining allocation methodology and eligibility for funding. (2) Waive the regulations regarding the point qualifications for, and the process and scoring of, applications of existing contractor applicants pursuant to Section 17723 of Title 5 of the California Code of Regulations. (Amended by Stats. 2024, Ch. 998, Sec. 6. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8231.5. Source version: id_61fd2915-a089-11f0-9052-b7a92a296773 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. (a) The Superintendent may require a contracting agency that employs a person who holds an assistant teacher permit pursuant to Section 8301.1 to provide the department with data that includes the number of employees in its program who hold an assistant teacher permit pursuant to Section 8301.1 or who qualified for waivers pursuant to subdivision (d) of Section 8298. The data may be collected by survey or by another collection method. The data shall be provided to the department as part of the contracting agency’s annual plan for its program self-evaluation process as required by Section 17709 of Title 5 of the California Code of Regulations or a successor statute or regulation, or as part of an existing reporting process determined by the Superintendent. (b) Notwithstanding Section 33308.5 of this code and Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the Superintendent may develop informal directives and bulletins to implement this section. (Added by Stats. 2025, Ch. 165, Sec. 2. (AB 753) Effective October 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8232. Source version: id_d3f98e78-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. The Superintendent of Public Instruction is authorized to require the collection and submission of information from public and private agencies contracting with the department pursuant to this chapter, including local educational agencies, to meet state and federal reporting requirements and for the effective administration of preschool programs. (Added by renumbering Section 8261.5 by Stats. 2021, Ch. 116, Sec. 65. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8233. Source version: id_e05be00a-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. Notwithstanding any other law, the Superintendent of Public Instruction may enter into and execute local contractual agreements with any public or private entity or agency for the delivery of preschool services or the furnishing of property, facilities, personnel, supplies, equipment, and administrative services related to the delivery of preschool services. Prior to entering into or executing a local agreement, the department shall obtain annual approval from the Department of General Services and the Department of Finance as to the form and general content thereof. The agreements may only be made for the delivery of preschool services, or the furnishing of property, facilities, personnel, supplies, equipment, or administrative services related thereto, which conform with the provisions of this chapter. (Added by renumbering Section 8262 by Stats. 2021, Ch. 116, Sec. 66. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8234. Source version: id_ecdae15c-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. Contractors operating or providing services pursuant to this chapter may do both of the following: (a) (1) Maintain records electronically, in compliance with state and federal standards, as determined by the department. A conversion from a paper record to an electronic format, as well as the storage of the electronic record, shall comply with the minimum standards described in Section 12168.7 of the Government Code and the standards for trustworthy electronic document or record preservation described in Chapter 15 (commencing with Section 22620.1) of Division 7 of Title 2 of the California Code of Regulations. (2) Pursuant to Section 33421, the records shall be retained by each contractor for at least five years, or, where an audit has been requested by a state agency, until the date the audit is resolved, whichever is longer. (3) This subdivision does not require a contractor to create records electronically. (b) (1) Use a digital signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. (2) The use of a digital signature shall have the same force and effect as the use of a manual signature if the requirements for the digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied. (Added by renumbering Section 8262.1 by Stats. 2021, Ch. 116, Sec. 67. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8235. Source version: id_f951090e-f01c-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. Contractors operating or providing services pursuant to this chapter may use digital forms to allow families to apply for services, if those forms comply with state and federal standards. (Added by renumbering Section 8262.2 by Stats. 2021, Ch. 116, Sec. 68. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8236. Source version: id_055c8810-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. On and after the date on which the Superintendent determines that the Financial Information System for California (Fi$Cal Project) has been implemented within the department, at the request of a contractor, for a contract executed by the department pursuant to Section 8233, the department shall request the Controller to make a payment via direct deposit by electronic funds transfer through the Fi$Cal Project into the contractor’s account at the financial institution of the contractor’s choice. (Added by renumbering Section 8262.3 by Stats. 2021, Ch. 116, Sec. 69. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8237. Source version: id_11857a22-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. (a) In contract transfer situations in programs funded pursuant to this chapter, the Superintendent of Public Instruction may grant a certificate of operation to preschool facilities pursuant to this section. (b) For purposes of maintaining continuity of services to children, the superintendent may grant a certificate of operation to any preschool facility that meets all of the following conditions: (1) The superintendent, or the superintendent’s designee, has visited the facility and verified, in writing, to the State Department of Social Services licensing agency that the facility has no deficiencies at the time of granting the certificate of operation that would endanger the physical health, mental health, safety, or welfare of the children. (2) Without a certificate of operation in lieu of a license from the State Department of Social Services, the facility would be ineligible to receive, as applicable, state or federal funds. (c) A facility issued a certificate of operation pursuant to this section shall be deemed to be operating under licensing standards for childcare and development facilities specified by Chapters 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code and by Title 22 of the California Code of Regulations for the term specified on the certificate. (d) A facility granted a certificate of operation shall submit a completed license application to the State Department of Social Services within 15 working days of the issuance of the certificate of operation. Failure to meet this requirement will result in the cancellation of the certificate of operation. The certificate of operation shall expire upon the issuance or denial of a license by the State Department of Social Services. (Added by renumbering Section 8262.5 by Stats. 2021, Ch. 116, Sec. 70. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8238. Source version: id_1daa7494-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. The Superintendent may waive or modify California state preschool requirements in order to enable preschool programs to serve combinations of eligible children in areas of low population. (Added by renumbering Section 8264.5 by Stats. 2021, Ch. 116, Sec. 78. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8239. Source version: id_29d9cf46-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. The Superintendent of Public Instruction may provide outreach services and technical assistance to new contracting agencies and to those providing preschool services during nontraditional times, in underserved geographic areas, and for children with special childcare needs. (Added by renumbering Section 8264.6 by Stats. 2021, Ch. 116, Sec. 79. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8240. Source version: id_ec11e5ed-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. (a) The Superintendent shall establish rules and regulations for the staffing of all preschool programs under contract with the department. (b) Priority shall be given by the department to the employment of persons in preschool programs with ethnic backgrounds which are similar to those of the child for whom child development services are provided. (c) For purposes of staffing preschool programs, the role of a teacher in child supervision means direct supervision of the children as well as supervision of aides and groups of children. (d) Family childcare homes shall operate pursuant to adult/child ratios prescribed in Chapter 3 (commencing with Section 102351.1) of Division 12 of Title 22 of the California Code of Regulations. (e) Approval by the Superintendent of any ongoing or new programs seeking to operate under the ratios and standards established by the Superintendent under this chapter shall be based upon the following considerations: (1) The type of facility in which care is being or is to be provided. (2) The ability of the Superintendent to implement a funding source change. (3) The proportion of nonsubsidized children enrolled or to be enrolled by the agency. (4) The most cost-effective ratios possible for the type of services provided or to be provided by the agency. (Amended by Stats. 2022, Ch. 571, Sec. 7. (AB 185) Effective September 27, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8241. Source version: id_420ba84a-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. Until the Superintendent of Public Instruction promulgates regulations for center-based programs establishing staffing ratios, the following staffing ratios shall apply: (a) Infants, 0 to 2 years old—1:3 adult-child ratio, 1:18 teacher-child ratio. (b) Infants and toddlers, 0 to 2 years old—1:4 adult-child ratio, 1:16 teacher-child ratio. (c) Children 3 to 6 years old—1:8 adult-child ratio, 1:24 teacher-child ratio. (d) Children 6 to 10 years old—1:14 adult-child ratio, 1:28 teacher-child ratio. (e) Children 10 to 13 years old—1:18 adult-child ratio, 1:36 teacher-child ratio. (f) If groups of children of varying ages are commingled, the teacher and adult ratios shall be proportionate and appropriate to the ages and groups of children. (Added by renumbering Section 8264.8 by Stats. 2021, Ch. 116, Sec. 81. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 3. Administration [8226 - 8241.5] SECTION 8241.5. Source version: id_0c9598ab-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=3. (a) It is the intent of the Legislature for the state preschool contractors, teachers, and staff to better understand the language and developmental needs of dual language learners enrolled in publicly funded preschool programs by identifying them as a dual language learner through a family language instrument and support their needs through a family language and interest interview. The identification of dual language learners will help improve program quality and inform the allocation and use of state and program resources to better support them and their linguistic and developmental needs for success in school and in life. (b) The Superintendent shall develop procedures for state preschool contractors to identify and report data on dual language learners enrolled in a preschool program administered pursuant to Article 2 (commencing with Section 8207). (c) The procedures developed by the Superintendent pursuant to this section to identify dual language learners shall, at a minimum, include all of the following: (1) (A) The distribution and collection of a completed family language instrument developed by the Superintendent from a parent or guardian of each child enrolled in a preschool program no later than upon enrollment. The family language instrument shall, at a minimum, be able to identify which languages the child is exposed to in the child’s home and community environment, which languages the child understands, and which languages the child is able to speak. (B) Notwithstanding subparagraph (A), a state preschool contractor serving a schoolage child enrolled in a K–12 education program who has been designated by the child’s school district, county office of education, or charter school as an English learner through the state assessment for English language proficiency may use that designation as an English learner to identify the child as a dual language learner. (C) Notwithstanding subparagraph (A), a state preschool contractor may use the previous designation of child as a dual language learner by a general childcare and development program or migrant childcare program to identify the child as a dual language learner. (2) Criteria for state preschool contractors to use to accurately identify dual language learners enrolled in their preschool programs based on the information collected from the family language instrument and criteria for the family language and interest interview. (d) For any child enrolled in a preschool program who has been identified as a dual language learner pursuant to subdivision (c), a family language and interest interview shall be conducted by the child’s teacher or other designated staff that shall include, at a minimum, an inquiry and a discussion about the strengths and interests of the child, the language background of the child, and the needs of parents, guardians, or family members of the child to support the language and development of the child. The Superintendent shall develop the family language and interest interview to be used by teachers and designated staff for purposes of this subdivision. (e) The reported data about dual language learners and a preschool program shall include, at a minimum, all of the following: (1) A child’s home language, the language the child uses most, and the family’s preferred language in which to receive verbal and written communication. (2) A child’s race or ethnicity. (3) Language characteristics of the preschool program, including, but not limited to, whether the program uses the home language for instruction, such as a dual language immersion program, or another program that supports the development of home languages. (4) The language composition of the program staff. (f) To the maximum extent possible, the Superintendent shall use existing enrollment and reporting procedures for state preschool contractors to meet the requirements of this section. (g) (1) To ensure dual language learners and their linguistic and developmental needs are accurately identified in order to be effectively supported by state preschool contractors, the Superintendent shall develop clear implementation procedures and related guidance for state preschool contractors. (2) The Superintendent shall adopt regulations to implement this section. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before August 15, 2022, the Superintendent shall develop informal directives and bulletins to implement this section until the time regulations are adopted. (h) It is the intent of the Legislature to connect information about dual language learners in the California Cradle-to-Career Data System. (i) The procedures developed by the Superintendent to identify dual language learners pursuant to subdivisions (b) and (c) shall not be connected to or associated with the designation of an English learner in the K–12 public school system. (j) The procedures to identify and report dual language learners pursuant to this section shall be the sole responsibility of the state preschool contractor. Family childcare providers shall not be responsible nor liable for the accuracy of data. The identification and reporting of dual language learners by state preschool contractors shall not impact the status of a provider within a family childcare home education network. (k) In order to minimize the administrative work required of contractors, teachers, staff, and families involved in the state preschool program, a general childcare and development program, or a migrant childcare and development program, as specified in this section and Section 10209.6 of the Welfare and Institutions Code, the Superintendent and the Director of Social Services shall coordinate efforts to implement this section. (l) (1) Nothing in this section shall be construed to compel a parent or guardian of a child enrolled in a state preschool program to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or to participate in the family language and interest interview described in subdivision (d). (2) A contract for a state preschool program shall not be affected by a parent or guardian of a child enrolled in a state preschool program who declines to complete the family language instrument described in subparagraph (A) of paragraph (1) of subdivision (c) or the family language and interest interview described in subdivision (d). (3) Nothing in this section shall be construed to affect the eligibility of a child to enroll in a state preschool program under Section 8208. (Amended by Stats. 2023, Ch. 435, Sec. 1. (AB 393) Effective January 1, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8242. Source version: id_25abb636-74c7-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. (a) The department, in collaboration with the State Department of Social Services, shall implement a reimbursement system plan that establishes reasonable standards and assigned reimbursement rates, which vary with the length of the program year and the hours of service. (1) Parent fees shall be used to pay reasonable and necessary costs for providing additional services. (2) The department may establish any regulations deemed advisable concerning conditions of service and hours of enrollment for children in the programs. (b) (1) (A) Commencing July 1, 2021, the standard reimbursement rate shall be twelve thousand nine hundred sixty-eight dollars ($12,968). (B) Commencing July 1, 2021, the standard reimbursement rate for part-day California state preschool programs shall be five thousand six hundred twenty-one dollars ($5,621). (2) Commencing in the 2022–23 fiscal year, the standard reimbursement rates described in paragraph (1) shall be increased by the cost-of-living adjustment granted by the Legislature annually pursuant to Section 42238.15. (c) (1) Commencing January 1, 2022, contractors who, as of December 31, 2021, received the standard reimbursement rate established in this section shall be reimbursed at the greater of the following: (A) The 75th percentile of the 2018 regional market rate survey. (B) The contract per-child reimbursement amount as of December 31, 2021, as increased by the cost-of-living adjustment pursuant to paragraph (2) of subdivision (b). (2) Commencing July 1, 2022, subject to available funding, the department may issue temporary rate increases to contractors that exceed the rates specified in paragraph (1) and the reimbursement rate supplements described in Section 51 of Chapter 571 of the Statutes of 2022. (3) In accordance with federal requirements for Child Care Stabilization Grants appropriated pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2), contractors shall provide information via a one-time application or survey in advance of receiving American Rescue Plan Act funds. The department shall specify the timeline and format in which this information shall be submitted, and the information shall include, but not be limited to, all of the following: (A) Address, including ZIP Code. (B) Race and ethnicity. (C) Gender. (D) Whether the provider is open and available to provide childcare services or closed due to the COVID-19 public health emergency. (E) What types of federal relief funds have been received from the state. (F) Use of federal relief funds received. (G) Documentation that the provider met certifications as required by federal law. (4) Rate increases shall be subject to federal usage limitations and federal and state program eligibility requirements. (d) (1) Funding shall be allocated to the State Department of Education, pursuant to paragraph (2), from a portion of funds in Schedule (1) of Item 6100-194-0001 of, and Schedule (1) of Item 6100-196-0001 of, the Budget Act of 2026 to provide a once-per-month, per-child-served cost of care plus rate for providers serving children enrolled in California state preschool programs. (2) (A) Of the funding described in paragraph (1), funding is hereby allocated to the State Department of Education to provide preschool providers with a monthly cost of care plus rate increase commencing July 1, 2026. The increase per child shall be equal to the amount calculated in clause (iii) of subparagraph (B). (B) The Department of Finance shall make the following calculations based on data provided by the State Department of Education: (i) The total cost of providing the statutory cost of living adjustment for preschool programs in the 2026–27 fiscal year pursuant to Section 42238.15 for the preschool programs described in paragraph (1). (ii) The estimated cost of providing the monthly cost of care plus rates described in subparagraph (E) of paragraph (2) of subdivision (c) of Section 10277.1 of, and paragraph (3) of subdivision (c) of Section 10277.2 of, the Welfare and Institutions Code in the 2026–27 fiscal year based on the estimates of child enrollment for the 2026–27 fiscal year provided by the State Department of Education. (iii) Divide the amount calculated in clause (i) by the amount calculated in clause (ii). (C) Notwithstanding any other law, for the 2026–27 fiscal year, the cost-of-living adjustment shall be 2.009 percent for the purpose of the calculation in subparagraph (B). (e) (1) (A) Notwithstanding subdivisions (b) and (c), for the 2023–24 fiscal year and the 2024–25 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero. (B) It is the intent of the Legislature that any adjustments in the 2023–24, 2024–25, and 2025–26 fiscal years related to reimbursement for programs funded pursuant to this section will be subject to a ratified agreement, and subject to future legislation providing for appropriations related to the budget bill. (2) Notwithstanding subdivisions (b) and (c), for the 2025–26 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero. (3) Notwithstanding subdivisions (b) and (c), for the 2026–27 fiscal year, the cost-of-living adjustment required pursuant to subdivisions (b) and (c) shall instead be zero. (f) Commencing July 1, 2026, the cost-of-living adjustment shall be applied consistently with subdivision (m) of Section 10227.6 of the Welfare and Institutions Code. (Amended by Stats. 2026, Ch. 25, Sec. 13. (AB 150) Effective June 29, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8243. Source version: id_2b2fdc1e-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. (a) (1) For purposes of this section, “early childhood mental health consultation service” means a service benefiting a child who is served in a California state preschool program. (2) For purposes of this section, “early childhood mental health consultation service” includes, but is not limited to, all of the following: (A) Support for providers, parents, legal guardians, and caregivers to create trauma-informed, proactive inclusive environments and to respond effectively to all children. (B) Assistance through individual site consultations, provision of resources, formulation of training plans, referrals, and other methods that address the unique needs of programs and providers. (C) Aid to providers, parents, legal guardians, and caregivers, and encouragement and facilitation of collaboration and communication, in developing the skills and tools needed to be successful as they support the development and early learning of all children, including observing environments, facilitating the development of action plans, and supporting site implementation of those plans. (D) The development of strategies for addressing prevalent child mental health concerns, including internalizing problems, such as appearing withdrawn, and externalizing problems, such as exhibiting persistent and serious behaviors. (E) If a child exhibits persistent and serious behaviors, support with the pursuit and documentation of reasonable steps to maintain the child’s safe participation in the program, as described in Section 8489.1. (F) Face-to-face interactions or video-based platforms and other modes of communication that are compliant with the federal Health Insurance Portability and Accountability Act (Public Law 104-191), such as the telephone. (G) Group or individual consultations of any of the actions described in this paragraph. (b) The cost to an agency of providing an early childhood mental health consultation service shall be reimbursable pursuant to Section 8244 if all of the following apply: (1) The early childhood mental health consultation service is provided on a schedule of sufficient and consistent frequency continuously throughout the program year, to significantly contribute to all of the following: (A) Improving interpersonal relationships and child outcomes. (B) Increasing the confidence, competence, and well-being of those consulted. (C) Eliminating suspensions and expulsions. (2) (A) The early childhood mental health consultation service is provided by one of the following persons: (i) A licensed mental health professional, including a marriage and family therapist, a licensed clinical social worker, a licensed professional clinical counselor, a licensed psychologist, a licensed child and adolescent psychiatrist, a credentialed school counselor, or a school psychologist credentialed pursuant to Section 44266 and employed pursuant to Section 49400. The person described in this subparagraph shall have at least three years of experience providing mental health services to children zero to five years of age, inclusive, shall have training in infant, family, and early childhood mental health, shall be adequately insured, shall have held their respective license for a minimum of two years, and shall be in full compliance with all continuing education requirements applicable to their profession. (ii) A license-eligible marriage and family therapist, a license-eligible clinical social worker, a license-eligible professional clinical counselor, a license-eligible psychologist, or a license-eligible child and adolescent psychiatrist, who is supervised by a person meeting all of the requirements described in clause (i). (iii) A person holding, at a minimum, a master’s degree in a field related to mental health or human services, including, but not limited to, marriage and family therapy, clinical social work, professional clinical counseling, infant mental health, human development, human services, psychology, school psychology, child and adolescent psychiatry or occupational therapy, education, social work, and other related fields, as determined by the department, and who has at least two years of experience working with children zero to five years of age, inclusive, who is supervised by a person meeting all of the requirements described in clause (i). (iv) A person meeting all of the requirements described in clause (i) who is providing supervision pursuant to clause (ii) may be an employee of a contracting agency, including on a temporary or part-time basis, or engaged as an external contractor, provided that supervision takes place on a regular basis that is sufficient to offer professional guidance and support. (B) Any person providing mental health consultation services pursuant to this section shall have a successful criminal background check. (3) The early childhood mental health consultation service uses a relationship-based model emphasizing strengthening relationships among early childhood education providers, parents, children, and representatives of community systems and resources, and integrates reflective practice into the onsite consultation model. This model shall include, but not be limited to, all of the following: (A) At least twice per program year, conducting early care- and education setting-based mental health assessments, such as the “Climate of Healthy Interactions for Learning & Development (CHILD)” or other appropriate instrument. (B) Recordkeeping that adequately documents all consultation activities. (C) With consent from parents or legal guardians, at least one screening of each enrolled child for adverse childhood experiences and screening for buffering factors, including, but not limited to, resilience. (4) Within the first 30 days upon hire or start of consultation service, a provider agency ensures that a consultant is trained in all of the following: (A) California law and professional ethics for early childhood mental health consultation, including all of the following: (i) Contemporary professional ethics and statutory, regulatory, and decisional laws that delineate the scope of practice of early childhood mental health consultation. (ii) The therapeutic, clinical, and practical considerations involved in the legal and ethical practice of early childhood mental health consultation. (iii) Confidentiality, particularly as it pertains to minors. (B) Child abuse and neglect mandated reporting laws. (C) Best practices and foundations of early childhood mental health consultation. (D) All relevant laws and regulations regarding state and federal childcare programs. (5) Consultants and supervisors shall participate in continuing professional development and education for at least 18 hours per program year. Topics may include, but are not limited to, infant-family and early childhood mental health, implicit bias and equity, trauma-informed practice, early childhood development, and consultation. (c) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State, the department shall, in consultation with the State Department of Social Services, on or before December 31, 2023, issue guidance through management bulletins or similar letters of instruction for programs on implementing the requirements set forth in this section. (Amended by Stats. 2022, Ch. 915, Sec. 3. (AB 2806) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8244. Source version: id_ce10c5bf-3e0c-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. (a) In order to reflect the additional expense of serving full-day preschool children who meet any of the criteria outlined in subdivision (b), the contractor’s reported child days of enrollment for these children shall be multiplied by the adjustment factors listed below. (b) Notwithstanding any other law, the adjustment factors shall be as follows: (1) For children with exceptional needs, including children with severe disabilities, the adjustment factor shall be 2.40. (2) For children at risk of neglect, abuse, or exploitation, the adjustment factor shall be 1.1. (3) For dual language learner children, the adjustment factor shall be 1.2. (4) When early childhood mental health consultation services are provided, pursuant to Section 8243, the adjustment factor shall be 1.1. (5) For two-year-old and three-year old children, the adjustment factor shall be 1.8. (c) In order to reflect the additional expense of serving part-day preschool children, the contractor’s reported child days of enrollment for children meeting the criteria in paragraph (1), (4), or (5) of subdivision (b) shall be multiplied by the adjustment factors in those subdivisions. (d) Use of the adjustment factors shall not increase the contractor’s total annual allocation. (e) (1) Days of enrollment for children who meet more than one of the criteria outlined in paragraphs (1) to (3), inclusive, and (5) of subdivision (b) shall not be reported under more than one of the categories specified in those paragraphs. (2) Notwithstanding paragraph (1), for children for whom an adjustment factor is applied pursuant to any of paragraphs (1) to (3), inclusive, and (5) of subdivision (b), and who are additionally eligible for the adjustment factor established in paragraph (4) of subdivision (b), reported child days of enrollment shall be multiplied by the sum of the applicable adjustment factor under paragraphs (1) to (3), inclusive, and (5) of subdivision (b) and 0.1. (f) The difference between the reimbursement resulting from the use of the adjustment factors outlined in subdivision (b) and the reimbursement that would otherwise be received by a provider in the absence of the adjustment factors shall be used for special and appropriate services for each child for whom an adjustment factor is claimed. (g) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended by Stats. 2024, Ch. 73, Sec. 13. (SB 163) Effective July 2, 2024. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version added by Sec. 14 of Stats. 2024, Ch. 73.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8244. Source version: id_7ab5a931-3e0c-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. (a) In order to reflect the additional expense of serving full-day preschool children who meet any of the criteria outlined in subdivision (b), the contractor’s reported child days of enrollment for these children shall be multiplied by the adjustment factors listed below. (b) Notwithstanding any other law, the adjustment factors shall be as follows: (1) For children with exceptional needs, including children with severe disabilities, the adjustment factor shall be 2.40. (2) For children at risk of neglect, abuse, or exploitation, the adjustment factor shall be 1.1. (3) For dual language learner children, the adjustment factor shall be 1.2. (4) When early childhood mental health consultation services are provided, pursuant to Section 8243, the adjustment factor shall be 1.1. (5) For children 47 months or younger, the adjustment factor shall be 1.8. (c) In order to reflect the additional expense of serving part-day preschool children, the contractor’s reported child days of enrollment for children meeting the criteria in paragraph (1), (4), or (5) of subdivision (b) shall be multiplied by the adjustment factors in those subdivisions. (d) Use of the adjustment factors shall not increase the contractor’s total annual allocation. (e) (1) Days of enrollment for children who meet more than one of the criteria outlined in paragraphs (1) to (3), inclusive, and (5) of subdivision (b) shall not be reported under more than one of the categories specified in those paragraphs. (2) Notwithstanding paragraph (1), for children for whom an adjustment factor is applied pursuant to any of paragraphs (1) to (3), inclusive, and (5) of subdivision (b), and who are additionally eligible for the adjustment factor established in paragraph (4) of subdivision (b), reported child days of enrollment shall be multiplied by the sum of the applicable adjustment factor under paragraphs (1) to (3), inclusive, and (5) of subdivision (b) and 0.1. (f) The difference between the reimbursement resulting from the use of the adjustment factors outlined in subdivision (b) and the reimbursement that would otherwise be received by a provider in the absence of the adjustment factors shall be used for special and appropriate services for each child for whom an adjustment factor is claimed. (g) This section shall become operative on July 1, 2027. (Repealed (in Sec. 13) and added by Stats. 2024, Ch. 73, Sec. 14. (SB 163) Effective July 2, 2024. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8245. Source version: id_66499c90-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. (a) For each fiscal year, for the purposes of this chapter, reimbursement rates for full-day California state preschool shall be adjusted by the following reimbursement factors: (1) Prior to January 1, 2022, California state preschool program providers serving children for not less than four hours per day, and less than six and one-half hours per day, the reimbursement factor is 75 percent of the standard reimbursement rate. (2) Prior to January 1, 2022, California state preschool program providers serving children for not less than six and one-half hours per day, and less than 10 and one-half hours per day, the reimbursement factor is 100 percent of the standard reimbursement rate. (3) For California state preschool program providers serving children for 10 and one-half hours or more per day, the reimbursement factor is 118 percent of the standard reimbursement rate. (b) It is the intent of the Legislature, notwithstanding the difference between the standard reimbursement rate and the regional market rate, to support serving children for the length of day that is appropriate under a provider’s contract. (Added by renumbering Section 8266.1 by Stats. 2021, Ch. 116, Sec. 90. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8245.5. Source version: id_ac09fcd7-94c1-11f0-b924-ab4989f102ab Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. (a) (1) Notwithstanding any other law, for the 2022–23 fiscal year only, contracting agencies operating a California state preschool program shall be reimbursed according to paragraph (2), if they meet either of the following requirements: (A) The program is open and operating in accordance with their approved program calendar and remains open and offering services through the program year. (B) The program operated by the contracting agency is closed by local or state public health order or guidance due to the COVID-19 pandemic. (2) Reimbursement pursuant to paragraph (1) shall be 100 percent of the contract maximum reimbursable amount or net reimbursable program costs, whichever is less, pursuant to guidance released by the Superintendent. (3) A California state preschool program that is physically closed as described in subparagraph (B) of paragraph (1) due to the COVID-19 pandemic, but funded to be operational, shall provide distance learning services, as specified by the Superintendent, for the program. A contractor specified in paragraph (1) shall submit a distance learning plan to the department overseeing their contract pursuant to guidance from the Superintendent. (b) Notwithstanding any other law, reimbursement for full-day and part-day California state preschool family childcare home education network providers for the 2022–23 fiscal year shall be based on the maximum certified hours of care for all families, including families certified for a variable schedule, regardless of attendance. (c) Notwithstanding any other law, commencing July 1, 2023, to June 30, 2025, inclusive, if a program is open and operating in accordance with their approved program calendar and remains open and offering services through the program year, the contract reimbursement amount shall be based on the lesser of either of the following: (1) One hundred percent of the contract maximum reimbursable amount. (2) Net reimbursable program costs. (d) Notwithstanding any other law, commencing January 1, 2023, and to July 1, 2028, inclusive, reimbursement for full-day and part-day California state preschool family childcare home education network providers shall be based on the maximum certified hours of care for all families, including families certified for a variable schedule, regardless of attendance, less any allowable administrative expenses withheld by the contractor. (e) If the provisions of subdivisions (c), (d), (f), and (g) are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 10426 of the Welfare and Institutions Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (f) Commencing July 1, 2025, and through June 30, 2026, if a program is open and operating in accordance with its approved program calendar and remains open and providing services to certified children throughout the program year, the contract reimbursement shall be based on the lesser of the following: (1) The maximum reimbursable amount stated in the contract. (2) Net reimbursable program costs. (g) Commencing July 1, 2026, the contract reimbursement shall be based on the lesser of the following: (1) The maximum reimbursable amount stated in the contract. (2) Net reimbursable program costs. (3) The product of the adjusted child days of enrollment for certified children times the contract rate set forth in this section. (Amended by Stats. 2025, Ch. 108, Sec. 1. (SB 151) Effective September 17, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8246. Source version: id_72fb6db2-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. The Superintendent of Public Instruction and the State Controller shall establish the necessary plans to advance preschool funds to contracting agencies. (Added by renumbering Section 8268 by Stats. 2021, Ch. 116, Sec. 94. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8247. Source version: id_7f2ee714-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. (a) The Superintendent of Public Instruction shall adopt rules, regulations, and guidelines to facilitate the funding and reimbursement procedures required by this chapter. (b) The Superintendent may establish any regulations the Superintendent deems advisable concerning conditions of service and hours of enrollment for children in the programs. (Added by renumbering Section 8269 by Stats. 2021, Ch. 116, Sec. 95. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8248. Source version: id_8b478576-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. The Superintendent of Public Instruction shall support the coordination of resources available to state and local agencies serving preschool through grade 12 children and their families. During times of disaster this shall include coordinating resources to support the specific needs of children and families. (Added by renumbering Section 8270 by Stats. 2021, Ch. 116, Sec. 96. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8249. Source version: id_975f1268-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. In the event that operating agencies are unable to operate due to incomplete repairs and renovations authorized by administrating state agencies, or due to circumstances beyond the control of the operating agency, including earthquakes, floods, or fire, such programs shall not be penalized for incurred program expenses nor in subsequent annual budget allocations. (Added by renumbering Section 8271 by Stats. 2021, Ch. 116, Sec. 97. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8250. Source version: id_a3a37bba-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. (a) The rules, regulations, and guidelines adopted by the Superintendent of Public Instruction pursuant to Sections 8231 and 8247 shall permit reimbursement for interest paid by contractors on private sector debt financing for the purchase, lease-purchase, repair, or renovation of preschool facilities owned or leased by contractors providing center-based preschool. (b) The Superintendent of Public Instruction shall adopt regulations requiring contractors to demonstrate that the amount of interest paid in a year on private sector debt financing for the purposes identified in subdivision (a) does not exceed the value obtained by the state in the use of the facilities during the year for the preschool services program. The regulations shall include, but not be limited to, the following methods of making this demonstration: (1) Amortization of a loan or lease-purchase contract on a straight-line basis for the purchase price of a portable building, including any transportation charges, installation charges, loan fees, taxes, points or other fees associated with the purchase, over a period of 15 years or more. (2) Amortization of a loan or lease-purchase contract on a straight-line basis for the purchase price of a permanent building and real estate, including any loan fees, taxes, points or other fees associated with the purchase, over a period of 15 years or more. (3) Evidence acceptable to the Superintendent of Public Instruction that loan payments for the purchase of a portable building or permanent building and real estate, including principal and interest, do not exceed the fair market rental cost that the contractor would have paid if the property was not purchased. (c) Loans or lease-purchase agreements amortized over the number of years designated in subdivision (b), but due in a fewer number of years, shall not be disallowed because of the shorter due date. (Added by renumbering Section 8272 by Stats. 2021, Ch. 116, Sec. 98. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 4. Reimbursement Rates [8242 - 8251] SECTION 8251. Source version: id_2dc78478-74c7-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=4. An agency contracting with the department to provide California state preschool program services may schedule up to five days of staff training, per contract period, using state reimbursement funding on the topics including procedures for emergencies in preschool programs, licensing regulations relating to preschool programs, recognition and reporting of suspected abuse of children in preschool programs, managing challenging behaviors and preventing expulsion of children, and addressing items on the program’s Quality Rating and Improvement System (QRIS) Quality plan. (Amended by Stats. 2026, Ch. 25, Sec. 14. (AB 150) Effective June 29, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 5. Family Fees [8252 - 8254] SECTION 8252. Source version: id_35acd96a-74c7-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=5. (a) The Superintendent shall use the fee schedule developed in conjunction with the State Department of Social Services for families using full-day preschool services pursuant to this chapter, including families receiving services pursuant to subdivision (a) of Section 8211. (b) Families shall be assessed a single flat monthly fee for all state subsidized early childhood services received, including California state preschool program services and services received through childcare and development programs administered by the State Department of Social Services, pursuant to Section 10290 of the Welfare and Institutions Code. (c) The income of a recipient of federal supplemental security income benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and state supplemental program benefits pursuant to Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code shall not be included in total countable income for purposes of determining the amount of the family fee. (d) Family fees shall be assessed at initial enrollment and reassessed at recertification. (e) Family fees shall be used by contractors to pay reasonable and necessary costs for providing additional services. (f) Family fees shall not be based on the cost of care or amount of subsidy payment. (g) Notwithstanding any other provision of this article, family fees shall not be collected for the 2021–22 fiscal year pursuant to Section 263 of Chapter 116 of the Statutes of 2021. (h) (1) Notwithstanding any other law, family fees shall not be collected for the 2022–23 fiscal year. (2) Contractors shall reimburse providers operating within a family childcare home education network for the full amount of the certificate or voucher without deducting family fees. (i) (1) Notwithstanding any other law, family fees shall not be collected between July 1, 2023, and September 30, 2023, inclusive. (2) Contractors shall reimburse providers operating within a family childcare home education network for the full amount of the certificate or voucher without deducting family fees. (j) By no later than January 1, 2027, contractors shall reimburse California state preschool program providers for the full amount of the certificate or voucher without deducting family fees and shall collect family fees pursuant to this section. (k) Family fees accrued but uncollected prior to October 1, 2023, may be forgiven and not collected. (l) (1) A California state preschool program or childcare provider paid with childcare subsidies, including, but not limited to, a family childcare home provider participating in a family childcare home education network, shall not absorb a reduction in pay for the California state preschool program space or voucher on account of a waiver of or reduction in family fees. (2) The number of California state preschool program contracted spaces and childcare contracted spaces shall not be reduced on account of a reduction in the collection of family fees. (Amended by Stats. 2026, Ch. 25, Sec. 15. (AB 150) Effective June 29, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 5. Family Fees [8252 - 8254] SECTION 8253. Source version: id_3d4ff53c-74c7-11f1-add4-ed9e66f640c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=5. (a) A family that receives services pursuant to paragraph (1) of subdivision (a) of Section 8211 may be exempt from family fees for up to one certification period. (b) Notwithstanding any other law, a family receiving CalWORKs cash aid shall not be charged a family fee. (c) Notwithstanding any other law, commencing with the 2014–15 fiscal year, family fees shall not be assessed for the part-day California preschool program to eligible families whose children are enrolled in that program pursuant to Article 2 (commencing with Section 8207). (Amended by Stats. 2026, Ch. 25, Sec. 16. (AB 150) Effective June 29, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 5. Family Fees [8252 - 8254] SECTION 8254. Source version: id_d5cbe832-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=5. (a) The family fee schedule shall provide, among other things, that a contractor or provider may require parents to provide diapers. A contractor or provider offering field trips either may include the cost of the field trips within the service rate charged to the parent or may charge parents an additional fee. Federal or state money shall not be used to reimburse parents for the costs of field trips if those costs are charged as an additional fee. A contractor or family childcare home provider that charges parents an additional fee for field trips shall inform parents, before enrolling the child, that a fee may be charged and that no reimbursement will be available. (b) A contractor or family childcare home provider may require parents to provide diapers or charge parents for field trips, subject to all of the following conditions: (1) The contractor or family childcare home provider has a written policy adopted by the agency’s governing board that includes parents in the decisionmaking process regarding both of the following: (A) Whether or not, and how much, to charge for field trip expenses. (B) Whether or not to require parents to provide diapers. (2) The contractor or family childcare home provider does not charge fees in excess of twenty-five dollars ($25) per child in a contract year. (3) The contractor or family childcare home provider does not deny participation in a field trip due to a parent’s inability or refusal to pay the fee. (4) The contractor or family childcare home provider does not take adverse action against a parent for the parent’s inability or refusal to pay the fee. (c) A contractor or family childcare home provider shall establish a system that prevents the identification of children based on whether or not a child’s family has paid field trip fees. (d) The contractor or provider shall report expenses incurred and income received for field trips to the department. Income received shall be reported as restricted income. (Added by renumbering Section 8273.3 by Stats. 2021, Ch. 116, Sec. 104. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 6. Allocations and Expenditures [8255 - 8263] SECTION 8255. Source version: id_e2109fa4-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=6. (a) The Superintendent may approve and reimburse startup costs for contracts under this chapter or facilities in an amount not to exceed 15 percent of the expansion or increase of each agency’s total contract amount. Under no circumstances shall reimbursement for startup costs result in an increase in the agency’s total award amount. These funds shall be available for all of the following: (1) The employment and orientation of necessary staff. (2) The setting up of the program and facility. (3) The finalization of rental agreements and the making of necessary deposits. (4) The purchase of a reasonable inventory of materials and supplies. (5) The purchase of an initial premium for insurance. (b) Agencies shall submit claims for startup costs with their first quarterly reports. (c) The Legislature recognizes that allowances for startup costs are necessary for the establishment and stability of new preschool programs. (Added by renumbering Section 8275 by Stats. 2021, Ch. 116, Sec. 106. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 6. Allocations and Expenditures [8255 - 8263] SECTION 8256. Source version: id_ef71c396-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=6. (a) The department shall promote full utilization of California state preschool program funds and match available unused funds with identified service needs. Notwithstanding the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, the department shall arrange interagency adjustments between different contractors with the same type of contract when both agencies mutually agree to a temporary transfer of funds for the balance of the fiscal year. The department shall establish timelines for interagency contract fund transfers. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through the issuance of guidance or other written directives, which may include, but is not limited to, establishing timelines for submittal of requests to transfer funds. (c) This section shall become operative on July 1, 2019. (Added by renumbering Section 8275.5 by Stats. 2021, Ch. 116, Sec. 107. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 6. Allocations and Expenditures [8255 - 8263] SECTION 8257. Source version: id_fbbf0688-f01d-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=6. (a) The Superintendent of Public Instruction shall develop a plan and procedures for the allocation of expansion funding balances resulting from the prorata allocation of expansion for the partial year operations of new agencies. (b) The plan shall provide for the distribution of such funds among contracting agencies whose enrollments include children with special needs and shall limit the agencies’ use of these funds to the purchase of approved equipment or materials or one-time-only services, or any of them, that will directly benefit the children with special needs. (Added by renumbering Section 8276 by Stats. 2021, Ch. 116, Sec. 108. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 6. Allocations and Expenditures [8255 - 8263] SECTION 8258. Source version: id_0826d65a-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=6. Unless specifically exempted by the Legislature, the administrative cost for all state-funded preschool programs and all federal programs administered by the state shall not exceed 15 percent of the funds provided for those programs. Eighty-five percent of these funds shall be used to provide services in accordance with rules and regulations, or contractual funding terms and conditions prescribed by the Superintendent of Public Instruction. (Added by renumbering Section 8276.7 by Stats. 2021, Ch. 116, Sec. 110. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 6. Allocations and Expenditures [8255 - 8263] SECTION 8260. Source version: id_144a231c-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=6. Each county shall, as a minimum, maintain the level of expenditure for child development services provided by the county during the 1970–71 fiscal year. These funds shall be used exclusively for child development programs and shall be considered unrestricted funds unless restricted by the county granting the funds. (Added by renumbering Section 8279 by Stats. 2021, Ch. 116, Sec. 123. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 6. Allocations and Expenditures [8255 - 8263] SECTION 8261. Source version: id_2082305e-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=6. (a) The Legislature recognizes that preschool programs have made valuable contributions towards ensuring that public assistance recipients will be able to accept and maintain employment or employment-related training. Therefore, it is the intent of the Legislature that the Superintendent ensure that counties comply with the requirements of Section 8260. (b) The Superintendent shall ensure each county’s compliance with Section 8260 by not issuing funds to a local preschool contractor within a county until the Superintendent has received written certification from that county that the level of expenditure for childcare services provided by the county has been maintained at the 1970–71 fiscal year level pursuant to Section 8260. Funding provided by a county to a local preschool contractor shall not adversely affect the reimbursement received by the agency from the Superintendent pursuant to Section 8242 or 8244. (Added by renumbering Section 8279.1 by Stats. 2021, Ch. 116, Sec. 124. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 6. Allocations and Expenditures [8255 - 8263] SECTION 8262. Source version: id_2ea321e0-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=6. The Superintendent of Public Instruction shall publish the methodology and data used, including county-specific data if such data is used, for the allocation of preschool funds. The superintendent shall make this information available to the public, within 90 days of an allocation. It is the intent of the Legislature to expedite the allocation of funds to the field as quickly as possible. Nothing in this section shall create a requirement for a public hearing on the allocation methodology prior to the issuance of a request for application. (Added by renumbering Section 8279.2 by Stats. 2021, Ch. 116, Sec. 125. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 6. Allocations and Expenditures [8255 - 8263] SECTION 8263. Source version: id_31a48a10-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=6. (a) The department shall disburse augmentations to the base allocation for the expansion of preschool programs to promote equal access to preschool services across the state. (b) (1) In order to provide progress towards achieving access to full-day, full-year preschool services for all income-eligible four-year-old children and to promote access for all income-eligible four-year-old children to attend at least a part-day California state preschool program, the Superintendent of Public Instruction shall, in awarding new funding appropriated by the Legislature, in any fiscal year, for the expansion of California state preschool programs, use the formula developed pursuant to subdivision (c) and may use the priorities identified by local childcare and development planning councils, as provided for in Section 10486 of the Welfare and Institutions Code, and other high-quality data resources available to the department. (2) Expansion funding awarded pursuant to paragraph (1) shall be apportioned at the rate described in Section 8242 and as determined in the annual Budget Act. (3) A family childcare home education network shall be eligible to apply for expansion funding awarded pursuant to paragraph (1). (c) The Superintendent of Public Instruction shall develop a formula for prioritizing the disbursement of augmentations pursuant to this section. The formula shall give priority to allocating funds to underserved areas. The Superintendent of Public Instruction shall develop the formula by using the definition of “underserved area” in Section 8205 and direct impact indicators of need for preschool services in the county or subcounty areas. For purposes of this section, “subcounty areas” include, but are not limited to, school districts, census tracts, or ZIP Code areas that are deemed by the Superintendent of Public Instruction to be most appropriate to the type of program receiving an augmentation. Direct impact indicators of need may include, but are not limited to, the teenage pregnancy rate, the unemployment rate, area household income, or the number or percentage of families receiving public assistance, eligible for Medi-Cal, or eligible for free or reduced-price school meals, and any unique characteristics of the population served by the type of program receiving an augmentation. (d) To promote equal access to services and allocate resources equitably, the Superintendent of Public Instruction shall develop a process for identifying underserved areas and populations within counties. This guidance shall include reference to the direct impact indicators of need described in subdivision (c). (e) This section does not preclude a local educational agency from subcontracting with an appropriate public or private agency to operate a California state preschool program, subject to Section 18140 of Title 5 of the California Code of Regulations, and to apply for funds made available pursuant to this section. If a school district chooses not to operate or subcontract for a California state preschool program, the Superintendent shall work with the county office of education and other eligible agencies to explore possible opportunities in contracting or alternative subcontracting to provide a California state preschool program. (f) This section does not prevent eligible children who are receiving services from continuing to receive those services pursuant to this chapter in future years. (Amended by Stats. 2022, Ch. 923, Sec. 5. (SB 1047) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 7. Transfer of Information [8264- 8264.] SECTION 8264. Source version: id_4744d3b4-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=7. (a) The Legislature finds and declares that the state makes a substantial, annual investment in preschool programs for eligible families. It is in the best interests of children and their families, and the taxpayers of California, to have information about the development and learning abilities of children developed in these settings, health and other information transferred to, or otherwise available to, the pupil’s elementary school. (b) When a child in a state-funded preschool program will be transferring to a local public school, the preschool program shall provide the parent or guardian with information from the previous year deemed beneficial to the pupil and the public school teacher, including, but not limited to, development issues, social interaction abilities, health background, and diagnostic assessments, if any. The preschool program may, with the permission of the parent or guardian, transfer this information to the pupil’s elementary school. (c) Any child who has participated in a state subsidized preschool that maintains results-based standards, including the desired results accountability system, may have the performance information transferred to any subsequent or concurrent public school setting. Any transferred information shall be in summary form and only accomplished with the permission of the parent or guardian. (Added by renumbering Section 8282 by Stats. 2021, Ch. 116, Sec. 134. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8265. Source version: id_539cc506-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. The governing board of any school district or a county superintendent of schools with the approval of the county board of education is authorized to establish and maintain preschool programs upon the approval of, and subject to the regulations of the Superintendent of Public Instruction. (Added by renumbering Section 8320 by Stats. 2021, Ch. 116, Sec. 145. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8266. Source version: id_60561038-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. (a) The county superintendent of schools in each county, with the approval of the county board of education and the Superintendent of Public Instruction, shall have the authority to establish and maintain preschool programs and centers in the same manner and to the same extent as governing boards of school or community college districts, except that nothing in this section shall be construed as vesting in the county superintendents of schools any authority to alone effect the levy and collection of any county, school, or other local taxes for the support of any preschool programs. (b) The establishment and maintenance of any preschool program by the county superintendent of schools shall be undertaken, subject to the prior approval of both the county board of education and the Superintendent of Public Instruction, upon the application of one or more school districts under the county superintendent’s jurisdiction. (Added by renumbering Section 8321 by Stats. 2021, Ch. 116, Sec. 146. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8267. Source version: id_6c9a2b6a-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. The governing board of any school district or the county superintendent of schools may do the following: (a) Accommodate in a preschool facility maintained by it children residing in another district, upon terms and under conditions agreed upon by the governing boards of both districts. (b) Permit the use of, and furnish maintenance for, buildings, grounds, and equipment, and the use of existing administrative personnel for the purposes of this chapter. (c) Adopt reasonable rules and regulations governing the preschool services or facilities maintained by it that are not in conflict with law or the standards and regulations established for child development services by the Superintendent of Public Instruction. (Added by renumbering Section 8322 by Stats. 2021, Ch. 116, Sec. 147. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8268. Source version: id_78cce17c-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. The employees of school districts or community college districts, or county superintendents of schools in preschool services under this division shall have the same rights and privileges as are granted to employees of the same agencies in children’s centers. (Added by renumbering Section 8324 by Stats. 2021, Ch. 116, Sec. 148. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8269. Source version: id_84f6e4fe-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. Notwithstanding any other provisions of this chapter, a public or private agency, a school district, a community college district or a county superintendent of schools operating preschool facilities may enter into an agreement with the Employment Development Department that will provide an opportunity to participants in work incentive programs under Division 2 (commencing with Section 5000) of the Unemployment Insurance Code for training in child development facilities. Training pursuant to that agreement shall have the objective of preparation for a career in the field of child development. (Added by renumbering Section 8326 by Stats. 2021, Ch. 116, Sec. 150. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8270. Source version: id_911ffe20-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. Notwithstanding any other provision of this chapter, the governing board of a school district or community college district, county superintendent of schools, or other unit of local general purpose government may enter into agreements with any city, city and county, or other public agency, or with a private foundation, nonprofit corporation, or proprietary agency for the furnishing to, or use by, the governing board, county superintendent of schools, or other unit of local general purpose government in carrying out the provisions of this chapter, of property, facilities, personnel, supplies, equipment and other necessary items and such city, county, city and county, other public agency, or private foundation or nonprofit corporation, is authorized to enter into such agreements. (Added by renumbering Section 8327 by Stats. 2021, Ch. 116, Sec. 151. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8271. Source version: id_9d49da92-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. (a) The governing board of any school district or the county superintendent of schools shall establish in the county treasury a fund to be known as the “child development fund” into which shall be paid all funds received by the district or the county for, or from the operation of, preschool services under this chapter. The costs incurred in the maintenance and operation of preschool services shall be paid from the fund, with accounting to reflect specific funding sources. (b) Funds of a district derived from the receipt of district taxes or derived from moneys apportioned to the district for the support of schools thereof, in addition to state moneys appropriated for the support of preschool services, fees, and federal funds, may be expended for, or in connection with, preschool services. (Added by renumbering Section 8328 by Stats. 2021, Ch. 116, Sec. 152. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8272. Source version: id_a96e5fd4-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. The governing board of any school district maintaining a preschool program may include in its budget the amount necessary to initiate, operate, and maintain a preschool program pursuant to this chapter and the board of supervisors shall levy a school district tax necessary to raise that amount. The tax shall be in addition to any other school district tax authorized by law to be levied. (Added by renumbering Section 8329 by Stats. 2021, Ch. 116, Sec. 153. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 2. Early Education Act [8200 - 8490] ARTICLE 8. Local Programs [8265 - 8272.5] SECTION 8272.5. Source version: id_b57ec0d6-f01e-11eb-bcde-dba78092fbbb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=2.&article=8. Community college districts that levied child development permissive override taxes pursuant to Section 8272 and former Section 8330 in the 1977–78 fiscal year and received fiscal relief pursuant to Chapter 282 of the Statutes of 1979 to compensate for the loss of permissive override taxes shall not receive reimbursement for childcare services from the Superintendent of Public Instruction in excess of 75 percent of the standard reimbursement rate for campus childcare programs. Campus childcare programs operated by the University of California, the California State University, and community colleges that did not levy a permissive override tax in the 1977–78 fiscal year shall receive reimbursement from the Superintendent of Public Instruction that equals 100 percent of the standard reimbursement rate for campus childcare and development programs. (Added by renumbering Section 8330 by Stats. 2021, Ch. 116, Sec. 154. (AB 131) Effective July 23, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 1. Legislative Intent [8500- 8500.] SECTION 8500. Source version: id_cd0980f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=1. The Legislature finds and declares that adult continuing education is essential to the needs of society in an era of rapid technological, economic, and social change and that all adults in California are entitled to quality publicly supported continuing education opportunity, including the following: (a) The opportunity to acquire the knowledge and skills necessary to participate effectively in today’s economy and society. (b) Access to courses at the postsecondary level that are foundations upon which successive academic or occupational knowledge are dependent. (c) Participation in other courses designed to meet the particular needs of the local community. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 2. Definitions [8510- 8510.] SECTION 8510. Source version: id_cd0980f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=2. Unless the context clearly requires otherwise, the definitions set forth in this section govern the construction of this chapter. (a) “Adult basic education” is education in communication and computational skills to and including the 12th grade level, including English as a second language and citizenship. (b) “Classes for adults” are classes without a college grade level designation organized primarily for persons 18 years of age or older. (c) “Course approval” is the process of approval by either the State Department of Education or the Board of Governors of the California Community Colleges. (d) “Mutual agreement” means an agreement between two or more governing boards of districts. (Amended by Stats. 1990, Ch. 1372, Sec. 72.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8530. Source version: id_cd0980fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. Adult basic education is the responsibility of high school and unified school districts except in those instances where by mutual agreement the responsibility is assigned to a community college district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8531. Source version: id_cd0980ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. The high school diploma program is the responsibility of the high school and unified school districts, but courses leading to a high school diploma may be offered by a community college district pursuant to a mutual agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8532. Source version: id_cd0b07a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. Vocational and occupational training and retraining programs for adults may be made available in high school, unified, and community college districts by mutual agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8533. Source version: id_cd0b07a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. Adult continuing education, including but not limited to, parent education, consumer education, civic education, education in special fields, and education in the arts and the humanities, may be made available in high school, unified, and community college districts by mutual agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8534. Source version: id_cd0b07a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. Programs for adults involving postsecondary programs that meet the standards prescribed by the Board of Governors of the California Community Colleges for credit and noncredit courses are the responsibility of community college districts. (Amended by Stats. 1990, Ch. 1372, Sec. 78.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8535. Source version: id_cd0b07a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. (a) When governing boards agree to transfer an existing program all legal and contractual obligations of either or both districts under the program shall be clearly stated, with appropriate time requirements, in the written transfer agreement approved by the affected governing boards. (b) The written transfer agreement approved pursuant to subdivision (a) shall specify the number of units of average daily attendance and the revenue per unit of average daily attendance proposed to be transferred from the district with the existing program. A true copy of the transfer agreement shall be forwarded to the Superintendent of Public Instruction or the Chancellor of the California Community Colleges, or both, as appropriate, no later than three months prior to the effective date of the program transfer. (c) When part or all of an existing program of a high school or unified school district is to be transferred to a community college district by mutual agreement of the affected governing boards, the transfer agreement shall specify that only courses that qualify as community college noncredit education under Section 84711 shall be transferred. A true copy of the complete transfer agreement shall be forwarded by the community college district to the Chancellor of the California Community Colleges as specified in subdivision (b). When part or all of an existing program of a community college district is transferred to a high school or unified school district by mutual agreement of the affected governing boards, the transfer agreement shall specify that only those adult education courses that are described under Section 41976 shall be transferred. A true copy of the complete transfer agreement shall be forwarded by the high school or unified school district to the Superintendent of Public Instruction as specified in subdivision (b). (d) The Chancellor of the California Community Colleges and the Superintendent of Public Instruction shall jointly verify and approve the courses, the units of average daily attendance, and the revenue per unit of average daily attendance, including applicable inflation adjustment, if any, to be transferred under this section. Additional units of average daily attendance reported by the community college district, or the high school or unified school district, as a result of the transfer shall not be subject to any statutory limitations on fundable increases in average daily attendance, but shall be subject in subsequent years to statutory calculations of noncredit base revenue and units of average daily attendance of the community college district, or the adult base revenue and units of average daily attendance of the high school or unified school district, as applicable. (e) The Chancellor of the California Community Colleges and the Superintendent of Public Instruction shall jointly determine the amount of apportionment to be transferred or reappropriated, pursuant to subdivision (d), from the affected Budget Act appropriation of the State School Fund by multiplying the units of average daily attendance to be transferred by the revenue limit per unit of average daily attendance of the transferring district at the time of the transfer. The chancellor and the Superintendent of Public Instruction shall submit appropriate budget documents to the Department of Finance for approval of the transfer of funds from the applicable appropriation. The Director of Finance shall approve that transfer. (Amended by Stats. 1986, Ch. 1123, Sec. 9.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8536. Source version: id_cd0b07a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. The governing board of every district affected by this chapter shall make all reasonable efforts to reach a mutual agreement when such an agreement is required and shall develop procedures for this purpose. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8537. Source version: id_cd0c8e4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. If a mutual agreement cannot be reached by the district governing boards, the points of disagreement shall be resolved by the State Board of Education and the Board of Governors of the California Community Colleges. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3. Adult Education [8500 - 8538] ARTICLE 3. Functions of Continuing Education Programs [8530 - 8538] SECTION 8538. Source version: id_cd0c8e4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.&article=3. Effective July 1, 1977, (a) for noncredit classes or programs offered in community colleges pursuant to this chapter, average daily attendance for state apportionment purposes shall only be calculated for such classes or programs which by mutual agreement are the responsibility of the community colleges pursuant to Sections 8530 and 8531; and (b) for noncredit classes or programs offered in the community colleges and for classes for adults offered in high schools or adult schools pursuant to this chapter, average daily attendance for state apportionment purposes shall only be calculated for such classes or programs which by mutual agreement are the responsibility of the community colleges or of the high school or unified school districts pursuant to Sections 8532 and 8533. (Enacted by Stats. 1978, Ch. 380.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.6. California Summer Science and Technology Academy [8630 - 8633] SECTION 8630. Source version: id_cd0c8e51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.6.&article= It is the intent of the Legislature, pursuant to this chapter, to do all of the following: (a) Support the educational experiences of all pupils, and to assist them to excel, in the fields of mathematics, science, and technology, especially with regard to females and minority members, who have traditionally been underrepresented in those fields. (b) Encourage and improve upon the performance of California pupils in national competitions in mathematics, science, and technology. (c) Provide opportunities for capable pupils to participate in summer honors research programs with research faculty at the University of California and other institutions of higher education. (Added by Stats. 1990, Ch. 1443, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.6. California Summer Science and Technology Academy [8630 - 8633] SECTION 8631. Source version: id_cd0c8e53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.6.&article= The California Summer Science and Technology Academy is hereby established. The academy shall be a statewide program that shall be developed and operated to identify public high school pupils with high academic potential in mathematics, science, and technology, with an emphasis on females and minority members, to participate in university-based research programs. Special consideration shall be given to recruiting pupils who are participants in the Mathematics, Engineering, and Science Achievement program described in Chapter 3.5 (commencing with Section 8600). The pupils, in cooperation with teachers from sponsoring high schools, shall work directly with university research faculty to undertake and complete research purposes that are educationally significant and scientifically manageable. The objective of the research, for the purposes of this chapter, is to enhance the instruction in mathematics, science, and technology that is otherwise provided to the participating pupils in high school, to better prepare those pupils for coursework in those subject areas at the university level, and to provide research data to enhance the participation of those pupils in statewide, national, and international competitions in those subject areas. (Added by Stats. 1990, Ch. 1443, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.6. California Summer Science and Technology Academy [8630 - 8633] SECTION 8633. Source version: id_cd0e14f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.6.&article= No provision of this chapter shall apply to the University of California unless the Regents of the University of California, by resolution, make that provision applicable. (Added by Stats. 1990, Ch. 1443, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8660. Source version: id_cd0e14f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= (a) The California State Summer School for Mathematics and Science is hereby created to establish a multidisciplinary academic development program in mathematics and science and to enable pupils with demonstrated academic excellence in mathematics and science to receive intensive educational enrichment in these subjects. (b) The California State Summer School for Mathematics and Science shall provide an opportunity for pupils who wish to study advanced mathematics or science or to pursue careers that require a high degree of skills and knowledge in mathematics or science. (Amended by Stats. 1999, Ch. 78, Sec. 5. Effective July 7, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8661. Source version: id_cd0e14fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= The Regents of the University of California are hereby requested to operate the California State Summer School for Mathematics and Science. (Amended by Stats. 1999, Ch. 78, Sec. 6. Effective July 7, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8662. Source version: id_37aedd72-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= (a) Pupils who have demonstrated academic excellence in mathematics and science and who meet one of the following criteria shall be eligible for admission to the summer school: (1) The pupil graduated, or will graduate, from the 8th grade at a California school at the end of the school year immediately preceding the summer school session for which the pupil is applying. (2) The pupil is currently enrolled at a California school in any of grades 9 to 12, inclusive. (3) The pupil graduated from a California high school during the school year immediately preceding the summer school session for which the pupil is applying. (b) A pupil’s participation in the summer school shall not be credited toward the pupil’s completion of the course of study prescribed for graduation from high school, unless the local school district that the pupil regularly attends tenders payment to the pupil, no later than the last day of the summer school session, for all application and other fees and expenses charged to the pupil by the summer school that would not be charged to a pupil enrolled in the public school system. (Amended by Stats. 2022, Ch. 334, Sec. 1. (SB 1299) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8664. Source version: id_3b4faae4-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= The Regents of the University of California are requested to perform all of the following duties: (a) Provide for the operation and governance of the California State Summer School for Mathematics and Science, including the appointment of an advisory committee to assist in planning and administering the summer school. (b) Develop and implement a statewide application procedure in cooperation with appropriate state and local agencies, including, but not limited to, school districts, the California State University, and the California Community Colleges. The cost of the application process shall be at least partially offset by charging each applicant a fee set at forty dollars ($40) in 2023, and this fee may be increased by an amount up to 5 percent each year thereafter. Applicants who are unable to pay the fee shall petition the University of California for a waiver, which shall be granted or denied pursuant to the rules and regulations adopted pursuant to subdivision (b) of Section 8669. (c) Develop the curriculum of the summer school. (d) Establish a nonprofit foundation to develop and receive private support for the summer school or establish a separate account for donations. (Amended by Stats. 2022, Ch. 334, Sec. 3. (SB 1299) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8666. Source version: id_cd0f9ba3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= It is the intent of the Legislature that the period of instruction for the California State Summer School for Mathematics and Science commence no earlier than one week following the end of the regular school year, and concludes no later than one week prior to the commencement of the next regular school year. This section shall not be construed to prohibit two sessions per year. (Amended by Stats. 1999, Ch. 78, Sec. 11. Effective July 7, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8667. Source version: id_cd0f9ba5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= (a) The University of California shall be responsible for selection of the faculty of the California State Summer School for Mathematics and Science. (b) The faculty for the summer school shall be selected from distinguished kindergarten to 12th grade, inclusive, teachers and university faculty of mathematics and science, and may not be restricted to members of the current faculty of the University of California. Notwithstanding any other provision of law, the faculty may not be subject to credentialing requirements or any other restrictions upon eligibility for employment generally applicable to public school instructors, except for the requirement of obtaining a certificate of clearance from the Commission on Teacher Credentialing pursuant to Sections 44332.5, 44339, 44340, and 44341. (Amended by Stats. 1999, Ch. 78, Sec. 12. Effective July 7, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8668. Source version: id_cd0f9ba7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= The site for the California State Summer School for Mathematics and Science shall be chosen by the Regents of the University of California. The Regents of the University of California are requested to collaborate with other institutions of higher education regarding the planning and administration of the summer school. (Amended by Stats. 1999, Ch. 78, Sec. 13. Effective July 7, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8669. Source version: id_3ee72986-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= (a) It is the intent of the Legislature that at least 50 percent, but not more than 75 percent, of the actual costs of the California State Summer School for Mathematics and Science for each fiscal year would be financed by state funds beginning in the 1999–2000 fiscal year. The balance of the operating costs would be financed with fees and private support. (b) The Regents of the University of California are requested to set a tuition fee within a range that corresponds to actual program costs, up to but not exceeding four thousand seven hundred seventy dollars ($4,770) per session in 2023, and the regents may increase this fee by an amount up to 5 percent each year thereafter. It is the intent of the Legislature that the University of California award full or partial scholarships on the basis of need and that pupils who are unable to pay all or part of the fee may petition the University of California for a fee reduction or waiver to ensure that a qualified applicant is not denied admission solely because of the applicant’s inability to pay all or part of the fee. A public announcement regarding the summer school program should include notification that need-based scholarships are available and information regarding the procedure for applying for a scholarship award. (c) The foundation authorized to be established pursuant to subdivision (d) of Section 8664 may raise funds from the private sector that the summer school may use for general program operating costs, scholarships, program augmentation, public relations, recruitment activity, or special projects. Private support may include, but is not necessarily limited to, direct grants to the summer school from private corporations or foundations, individual contributions, in-kind contributions, or fundraising benefits conducted by any entity. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2022, Ch. 334, Sec. 4. (SB 1299) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 3.8. California State Summer School for Mathematics and Science [8660 - 8669.1] SECTION 8669.1. Source version: id_42869768-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=3.8.&article= It is the intent of the Legislature that the University of California conduct an evaluation on the effectiveness of the California State Summer School for Mathematics and Science every two years from July 7, 1999. The evaluation shall include a description of the planning conducted and actions taken to increase the participation of subgroups of pupils who are traditionally underrepresented in science, technology, engineering, and mathematics (STEM) professional fields, including pupils who are low-income. (Amended by Stats. 2022, Ch. 334, Sec. 5. (SB 1299) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 1. Policy [8700 - 8707] SECTION 8700. Source version: id_cd12a8f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=1. The Legislature finds and declares that, throughout the state and nation, there is a growing public awareness of the benefits derived from a healthy environment and a healthy economy, and that the citizens of the State of California expect the educational institutions of this state to provide students with educational materials that are balanced and objective in their coverage of the current scientific and economic research on environmental and ecological issues to enable students to better address and assess environmental issues as we enter the 21st century. (Amended by Stats. 1997, Ch. 877, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 1. Policy [8700 - 8707] SECTION 8701. Source version: id_cd12a8f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=1. The Legislature further finds and declares that an informed public working for the common environmental good through its democratic institutions at all educational and professional levels and among all interested private parties can break the chain of destructive land use, restore land which has been improperly abused, and build balance and beauty into our cities of the future. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 1. Policy [8700 - 8707] SECTION 8702. Source version: id_cd12a8f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=1. The Legislature further finds and declares that an educational program is needed that is designed to build necessary attitudes of stewardship toward the maintenance of the quality of our common environment and to enable all citizens to use wisely, and not destructively, the resources at their disposal. These attitudes are best developed at an early age through programs that encourage personal responsibility and participation in the local community. (Amended by Stats. 2003, Ch. 663, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 1. Policy [8700 - 8707] SECTION 8703. Source version: id_cd12a8f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=1. The Legislature further finds and declares that without appropriate long-term funding, and without effective programs to encourage efforts and innovations at the school district level, and without needed materials and meaningful outdoor study opportunities, conservation education will remain a stepchild in the crowded family of public education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 1. Policy [8700 - 8707] SECTION 8704. Source version: id_cd12a8f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=1. The Legislature further finds and declares that man has a moral obligation to understand the world in which he lives and to protect, enhance, and make the highest use of the land and resources he holds in trust for future generations, and that the dignity and worth of the individual requires a quality environment in which he can develop the full potentials of his spirit and intellect. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 1. Policy [8700 - 8707] SECTION 8705. Source version: id_cd12a8fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=1. The Legislature further finds and declares that conservation education should be a means of achieving an educational philosophy that will help each student develop a healthy attitude of personal responsibility toward his environment and its resources and provide him with the concepts, the knowledge, and the skills needed to contribute meaningfully to the decisionmaking process on issues involving the environment and its resources. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 1. Policy [8700 - 8707] SECTION 8706. Source version: id_cd12a8fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=1. The Legislature further finds and declares that in all grade levels, environmental facts should be taught as they relate to each other, rather than as isolated bits of information, and that students should become aware of the interrelated nature of living processes, gain understanding of ecological relationships and of the effect of human activities upon these relationships, and become sensitive to the interdependence of man and natural resources. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 1. Policy [8700 - 8707] SECTION 8707. Source version: id_cd142f9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=1. It is the intent of the Legislature in enacting this chapter to encourage development of educational programs for teachers and students commensurate with the importance of protecting scarce resources and safeguarding the quality of our environment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 2. Conservation Education Service [8720 - 8723] SECTION 8720. Source version: id_cd142fa3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=2. There is in the Department of Education the Conservation Education Service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 2. Conservation Education Service [8720 - 8723] SECTION 8721. Source version: id_cd142fa5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=2. The Conservation Education Service shall encourage the development of educational opportunities specifically related to the conservation, the interpretation, and the use of the natural resources of the State of California, including, but not limited to, the development of nature centers, the development of conservation and wildlife education camps, and the development of the educational curriculum in relation to the conservation of natural resources and factors affecting environmental quality. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 2. Conservation Education Service [8720 - 8723] SECTION 8722. Source version: id_cd142fa7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=2. The Conservation Education Service shall have the following additional powers and duties: (1) To assist school districts, community college districts, and county superintendents of schools in preparing teachers to present concepts of conservation, the effects of pollution and major land alterations on ecological systems, and the factors affecting the quality of the environment. (2) To cooperate with and assist community colleges, state colleges, and the University of California in the development of preservice programs designed to prepare teachers to present concepts and facts relating to conservation, the effects of pollution and major land alterations on ecological systems, and factors affecting the quality of the environment. (3) To assist school districts, community college districts, and county superintendents of schools in the development or acquisition, or both, of materials relating to wise use of resources and environmental issues. (4) To assist districts in the development of educational curriculum and educational opportunities for students, relating to the conservation of resources, factors affecting ecological systems and the quality of man’s environment. Such opportunities may include but shall not be limited to, the development of outdoor education programs, nature centers, conservation and wildlife education camps, and participation in field trips. (5) To establish and maintain a central library and repository for conservation education materials pursuant to Article 3 (commencing with Section 8730) of this chapter. (6) To review and to evaluate each application for a grant to, or a contract with, institutions of higher education, state and local education agencies, regional educational research organizations, and other public and private agencies, organizations and institutions (including libraries and museums) under the terms of the Federal Environmental Education Act (Public Law 91-516), to support research, demonstration, and pilot projects designed to educate the public on the problems of environmental quality and ecological balance, except that no grant can be made other than to a nonprofit agency, organization or institution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 2. Conservation Education Service [8720 - 8723] SECTION 8723. Source version: id_cd142fa9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=2. The Conservation Education Service shall have such other powers and duties as shall be vested in it by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 3. Conservation Education Library [8730 - 8734] SECTION 8730. Source version: id_cd15b64d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=3. There is in the Department of Education a Central Library and Repository for conservation education materials. Such materials may be developed by private conservation groups, by industry, and by professional, scientific, and governmental sources. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 3. Conservation Education Library [8730 - 8734] SECTION 8731. Source version: id_cd15b64f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=3. The purpose of the library shall be to serve as a master source of materials for the Conservation Education Service, public school districts, county superintendents of schools, and any regional conservation education centers which may be established. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 3. Conservation Education Library [8730 - 8734] SECTION 8732. Source version: id_cd15b651-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=3. The department shall, in establishing the library, explore new methods in data processing, new library procedures, and new means for distributing materials to local school districts, county superintendents of schools, and any regional conservation education centers which may be established. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 3. Conservation Education Library [8730 - 8734] SECTION 8733. Source version: id_cd15b653-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=3. The library shall thoroughly evaluate new materials for validity, pertinence, objectivity, and usefulness, and shall advise the state board in the adoption of textbooks in regard to meeting the requirements for conservation education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 3. Conservation Education Library [8730 - 8734] SECTION 8734. Source version: id_cd173cf5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=3. The Superintendent of Public Instruction, upon the recommendation of the Conservation Education Service, is authorized to make planning and implementation grants to individual school districts, or groups of school districts, unified school districts, county superintendents of schools, the University of California, the state universities and colleges, and the community colleges to assist such entities in the development of programs and curriculum in conservation education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8760. Source version: id_cd18c3a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. (a) The governing board of any school district may do the following: (1) Conduct programs and classes in outdoor science education and conservation education within or without the boundaries of the district and for that purpose employ instructors, supervisors, and other personnel and provide necessary equipment and supplies. (2) Acquire and maintain real or personal property needed for outdoor science education and conservation education programs and classes either within or without the boundaries of the district either by purchase, rental, lease, gift, or other means in the same manner as if the property were within the boundaries of the school district. (3) Contract with the United States, the State of California, any city, county, city and county or school district therein, or any combination thereof, for the joint operation and maintenance of these programs and classes in outdoor science education and conservation education or for assistance in their operation and maintenance. (4) Transport or arrange transportation of pupils, instructors, supervisors, or other personnel to or from places where these programs and classes are being conducted, whether within or without the district; provided, the transportation is within the state. (b) The governing board of any school district may contract with an outside provider for the services of naturalists. The services provided by the naturalists shall be under the exclusive control and management of the governing board of the school district and shall comply with all guidelines established by the Superintendent of Public Instruction relating to outdoor educational programs. Any naturalist under contract with the governing board of a school district pursuant to this section and all services provided by a naturalist shall be under the supervision of a certificated employee of the school district. Any naturalist assigned to serve school districts under an outside contract shall be subject to Sections 45125 and 49406. No person who has been convicted of any sex offense defined in Section 44010, or any controlled substance offense defined in Section 44011, shall be permitted to render service as a naturalist. (Amended by Stats. 1990, Ch. 1372, Sec. 79.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8761. Source version: id_cd18c3a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. Notwithstanding any other provision of this code, whenever an outdoor science program involves studies in marine science, the governing board of any school district or a county superintendent of schools may transport, or arrange transportation of, pupils, instructors, supervisors, or other personnel aboard U.S. Coast Guard approved vessels in the waters of the Pacific Ocean for distances not to exceed five miles westerly of any offshore island which is a part of the State of California. (Amended by Stats. 1990, Ch. 1372, Sec. 80.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8762. Source version: id_cd18c3a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. The governing board of any school district may: (a) Conduct courses in forestry, and for that purpose employ instructors and supervisors of classes, and acquire necessary equipment. (b) Acquire forest lands outside the boundary of the district by lease for a period not exceeding five years, or purchase or sell forest lands in the same manner as lands within the boundary of the district are purchased or sold. (c) Afforest and reforest, and plant trees, shrubs, and vines on the lands; or upon any public lands which may be placed at its disposal, and enter into contracts and agreements with the government of the United States, the state, or any political subdivision thereof for that purpose. (d) Transport pupils, instructors, or supervisors of classes to or from classes or places where the work is being done, whether within or without the district, in the same manner and subject to the same limitations as in transporting pupils to and from school. (Amended by Stats. 1990, Ch. 1372, Sec. 81.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8763. Source version: id_cd1a4a4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. The county superintendent of schools may, with the approval of the county board of education, enter into agreements with the governing board of one or more school districts or private schools to provide programs and classes in outdoor science education and conservation education for pupils in the district or private school. Except as otherwise provided in this article, the agreement shall provide for the payment by the district or the private school of the actual cost of providing the programs or classes. The county superintendent of schools shall transfer from the funds of the district or the private school shall pay, as the case may be, to the county school service fund the amounts set forth in the agreement. (Amended by Stats. 1990, Ch. 1372, Sec. 82.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8764. Source version: id_cd1a4a4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. The school district or districts entering into agreements pursuant to this article with the county superintendent of schools may agree to make capital outlay expenditures, as well as pay for the other costs of the program. Title to all property acquired by the capital outlay expenditures shall be vested in the office of the county superintendent of schools, and the participating school districts shall have no interest in the property, nor in the proceeds of any sale, lease, exchange, or other disposition of the property, unless the parties otherwise provide in the agreement which authorizes the acquisition of the property. (Amended by Stats. 1990, Ch. 1372, Sec. 83.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8765. Source version: id_cd1a4a4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. Except as otherwise provided, all of the powers and duties authorized for governing boards of school districts by Section 8760 are powers and duties of the county superintendent of schools whenever, pursuant to this article, he or she provides programs and classes in outdoor science education and conservation education. (Amended by Stats. 1990, Ch. 1372, Sec. 84.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8766. Source version: id_cd1a4a51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. The county superintendent of schools may, with the approval of the county board of education, acquire by gift and maintain real or personal property needed for such programs and classes with title thereto vested in the office of the county superintendent of schools. The school districts or community college districts or private schools participating in such programs and classes shall not be required to reimburse the county superintendent of schools for use of real and personal property which is acquired by gift. (Amended by Stats. 1977, Ch. 333.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8767. Source version: id_cd1a4a53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. The county superintendent of schools may, with the approval of the county board of education, provide the coordination services authorized by Section 1703 in connection with programs and classes in outdoor science education and conservation education and the participating districts or private schools shall not be required to reimburse the county superintendent for the cost of such coordination services. (Amended by Stats. 1977, Ch. 333.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8768. Source version: id_cd1a4a55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. Any such agreement between the county superintendent of schools and school districts or community college districts or private schools may provide for the purchase or lease of any real property necessary to conduct classes in outdoor science education and conservation education. If real property is purchased pursuant to such an agreement, title to such real property shall be vested in the office of the county superintendent of schools and the participating school districts, community college districts, or private schools shall have no interest in such property, nor in the proceeds of any sale, lease, exchange, or other disposition of such property, unless the parties otherwise provide in the agreement which authorizes the acquisition of such property. (Amended by Stats. 1977, Ch. 333.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8769. Source version: id_019be7c6-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. The county superintendent of schools may, with the approval of the county board of education, lease real or personal property for the purpose of care, teaching, and training of physically handicapped children or children with intellectual disabilities if the property is not required for outdoor science education and conservation education, upon the terms and conditions that are agreed upon. (Amended by Stats. 2012, Ch. 457, Sec. 5. (SB 1381) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8770. Source version: id_cd1bd0f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. The county superintendent of schools may, with the approval of the county board of education, convey any real property, title to which is vested in the office of the county superintendent of schools, to the United States of America in exchange for other real property of comparable value, upon such terms and conditions as are agreed upon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8771. Source version: id_cd1bd0fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. The county superintendent of schools may, with the approval of the county board of education, sell, lease, exchange, or otherwise dispose of real or personal property, title to which is vested in his or her office, pursuant to the same procedures as are established by law for the sale, lease, exchange, or other disposition of real or personal property by a school district or community college district. Unless otherwise provided in the agreement which authorized the purchase of the real or personal property, the proceeds of any sale, lease, exchange, or other disposition of real or personal property shall be vested in the office of the county superintendent of schools. (Amended by Stats. 1990, Ch. 1372, Sec. 85.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8772. Source version: id_cd1bd0fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. All proceeds from the sale, lease, exchange, or other disposition of real or personal property received by the county superintendent of schools pursuant to the provisions of this article shall be used for the purpose of acquiring other real or personal property for use in connection with programs and classes in outdoor science education and conservation education or to pay the cost of conducting such programs and classes. The school districts, community college districts, and private schools participating in such programs and classes shall not be required to reimburse the county superintendent of schools for use of the real or personal property acquired with such funds nor shall they be required to reimburse the county superintendent of schools for any of the costs of conducting such programs and classes which are paid by the county superintendent of schools out of such funds. (Amended by Stats. 1977, Ch. 333.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8773. Source version: id_cd1bd0ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. If during a period of five consecutive school years, no programs and classes in outdoor science education and conservation education are conducted by the county superintendent of schools pursuant to this article, all real and personal property, title to which is vested in the county superintendent of schools, and all proceeds from the sale, lease, exchange, or other disposition of such real and personal property, shall become part of the county school service fund and may be used for any purpose authorized by the laws applicable to the fund, unless the parties otherwise provide in the agreement which authorizes the acquisition of such property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 4. Environmental Education [8700 - 8774] ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] SECTION 8774. Source version: id_768a901c-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=4.&article=5. (a) A residential outdoor science program shall be eligible for funding pursuant to this section if it meets both of the following conditions: (1) It is operated by a school district or county office of education pursuant to this article. (2) It meets the standards of the Residential Outdoor Science School (ROSS) Guide and maintains current department ROSS certification. (b) An eligible residential outdoor science program may claim apportionment for any pupil who meets all of the following conditions: (1) The pupil is enrolled in a California public school. (2) The pupil is enrolled in grade 5 or 6. (3) The applicant has not previously received funding for the pupil pursuant to this section. (4) The pupil participates in a minimum four-day and three-night program. (5) The pupil is economically disadvantaged and meets the criteria of Section 49552. (c) The Superintendent shall, subject to appropriation of funds for this purpose, apportion to each school district or county office of education that operates a residential outdoor science program pursuant to this article an amount equal to ten dollars ($10) per eligible participating pupil, multiplied by the total number of days of participation, up to a maximum of five days. (Amended by Stats. 2008, Ch. 179, Sec. 40. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 1. General Provisions and Definitions [8800 - 8802] SECTION 8800. Source version: id_cd2064f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=1. This chapter shall be known and may be cited as the Healthy Start Support Services for Children Act. (Added by Stats. 1991, Ch. 759, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 1. General Provisions and Definitions [8800 - 8802] SECTION 8801. Source version: id_cc13e654-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=1. The Legislature finds and declares all of the following: (a) A large and growing number of California’s children are not learning enough in school to prepare them for full economic, social, and civic participation in adult life, as evidenced by the following statistics: (1) Each year, between 59,000 and 72,000 children are born exposed to drugs or alcohol. (2) Currently 360,000 children are abused or neglected, according to the juvenile courts and county welfare departments. (3) Each year, a substantial number of parents have their parental rights terminated by the courts. (4) Seventy thousand children are presently placed with foster care because of parental abuse or neglect or delinquent behavior. (5) Out of an average class of 30 high school sophomores, any eight pupils are on public assistance, any four speak no English, any eight are at least two years behind in reading and math, any three have grown up in public housing, any seven will not graduate, any three will be teen parents, and any seven will not be employable. (6) Sixty-one thousand children receive mental health services annually. (7) One million one hundred thousand children go to bed hungry every night. (b) The quality of life for all Californians is affected by these conditions. These children, and often the children they have, impose heavy costs on taxpayers by requiring special services, income assistance, or incarceration or institutionalization. They are a burden on the capacity of the state’s economy to produce adequate revenues and an adequate tax base. (c) The causes of the problems children face are complex and interdependent. Many families, especially those affected by poverty, fail to provide the physical, emotional, and intellectual support needed to ensure that their children are ready for school. Many neighborhoods and larger communities lack the resources or organization to support children. The schools’ support services either are not effective or have not effectively serviced a large enough percentage of at-promise children. (d) Because children spend so much of their time at school, schools have been increasingly asked to provide a wide range of health and social services to children, and many have attempted to help parents as well. The capacity of schools to undertake these roles must be increased. (e) However, this service capacity should not be increased through conventional, categorical approaches. Services to children and their families can be most effectively provided through consortia which include schools, other health and human service providers, parents, and community groups. Collaboration is necessary and more effective because the goals of school and community services are interdependent, fragmentation of existing state and local services otherwise inhibits their effectiveness, and community-based services offer resources and competence that schools do not have. Both the state and counties must develop policies and incentives to improve collaboration at the local level. (f) Therefore, it is the intent of the Legislature that by implementing the Healthy Start Support Services for Children Act, children in need of assistance to overcome the barriers to healthy, productive lives be given assistance in all of the following ways: (1) By creating a learning environment that is optimally responsive to the physical, emotional, and intellectual needs of each child. (2) By fostering interagency collaboration and communication at the local level to more efficiently and effectively deliver human support services to children and their families. (3) By encouraging the full use of existing agencies, professional personnel, and public and private funds to ensure that children are ready and able to learn, and to prevent duplication of services and unnecessary expenditures. (4) By encouraging the development of a local interagency oversight mechanism that includes a records system to evaluate cost and effectiveness, and the development of a process of self-assessment of those records and the way in which they are used, to improve the effectiveness of services. (Amended by Stats. 2020, Ch. 370, Sec. 50. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 1. General Provisions and Definitions [8800 - 8802] SECTION 8802. Source version: id_4ae8341f-317d-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=1. For the purposes of this chapter, the following definitions apply: (a) “Consortium” means two or more local educational agencies. (b) “Cooperating agency” means any federal, state, or local public or private nonprofit agency that agrees to offer support services at a schoolsite through a program implemented under this chapter. (c) “Council” means the Healthy Start Support Services for Children Program Council. (d) “Lead agency” means the department. (e) “Local educational agency” means a school district or county office of education. (f) “Private partner” means a private business or foundation that provides financial assistance or otherwise assists a support services program operated under this chapter. (g) “Qualifying school” means a school that is any of the following: (1) A school that maintains kindergarten or any of grades 1 to 6, inclusive, in which 50 percent or more of the enrolled pupils either (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552. (2) A school that maintains any of grades 7 to 12, inclusive, in which 35 percent or more of the enrolled pupils either (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552. (3) A school that does not satisfy the criteria in paragraph (1) or (2) but that demonstrates other factors that warrant its consideration, including, for example, exceptional need, potential to serve as a model program, or service to a particular target population. No more than 10 percent of the schools that participate in the program established by this chapter may be schools that qualify under this paragraph. A school that receives a grant under this paragraph shall ensure that the following pupils in that school are given priority to receive services provided with the grant money: (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552. (h) “Agency secretary” means the Secretary of the Health and Welfare Agency. (i) “Superintendent” means the Superintendent of Public Instruction. (j) “Support services” means services that will enhance the physical, social, emotional, and intellectual development of children and their families. (Amended by Stats. 2011, Ch. 347, Sec. 8. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] SECTION 8803. Source version: id_dd421e31-e12a-11e2-8073-8b526af6a4e7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=2. In order to encourage the integration of children’s services, it is the intent of the Legislature to promote interagency coordination and collaboration among the state agencies responsible for the provision of support services to children and their families. Therefore, the Legislature hereby establishes the Healthy Start Support Services for Children Program Council, as follows: (a) Members of the council shall include the Superintendent, the agency secretary, and the directors of the State Department of Health Care Services and the State Department of Social Services. (b) Duties of the council shall include: (1) Developing, promoting, and implementing policy supporting the Healthy Start Support Services for Children Grant Program. (2) Assisting the lead agency in reviewing grant applications submitted to the lead agency and providing the lead agency with recommendations for awarding grants pursuant to Section 8804. (3) Soliciting input regarding program policy and direction from individuals and entities with experience in the integration of children’s services. (4) Assisting the lead agency in fulfilling its responsibilities under this chapter. (5) Providing recommendations to the Governor, the Legislature, and the lead agency regarding the Healthy Start Support Services for Children Grant Program. (6) At the request of the Superintendent, assisting the local educational agency or consortium in planning and implementing this program, including assisting with local technical assistance, and developing agency collaboration. (Amended by Stats. 2013, Ch. 22, Sec. 5. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] SECTION 8804. Source version: id_cd21ea9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=2. The superintendent shall award grants to a local educational agency or consortium to pay the costs of planning and operating, on behalf of one or more qualifying schools within the local educational agency or consortium, programs that provide support services to pupils and their families at or near the school, as follows: (a) Grants shall be awarded by the superintendent based upon the recommendations of the council and pursuant to this section. (b) Two types of grants may be awarded to applicant local educational agencies or consortia, depending upon the level of readiness of that applicant to implement a program pursuant to this chapter. The superintendent shall issue requests for applications for awarding the grants, which shall specify maximum dollar amounts for which each type of grant may be awarded. The requests for applications also shall specify other criteria, as required by this article. The superintendent shall award those grants as follows: (1) Planning grants may be awarded to local educational agencies or consortia that have demonstrated a need to implement a program, but that are not ready to begin the operation of the program, or that are in need of additional planning to expand existing support services programs. Planning grants shall be no more than fifty thousand dollars ($50,000) and shall be awarded for a period not to exceed two years. Upon completion of the planning phase, the local educational agency or consortium shall be eligible to apply for and may receive an operational grant. (2) Operational grants may be awarded to local educational agencies or consortia that have demonstrated readiness to begin operation of a program or to expand existing support services programs. Operational grants shall supplement, not supplant, existing services and funds, and shall be awarded for a period not to exceed five years. (A) Operational grants shall be awarded for no more than three hundred thousand dollars ($300,000). No more than 50 percent of each grant shall be available for expenditure on direct services, as long as the grant application contains a three-year plan to significantly reduce or to eliminate agency reliance on funding provided under this article for direct services. Direct services do not include salaries for staff who are developing or implementing the program. (B) Recipients of operational grants may also receive one-time startup grants, which may be used, among other things, for purchasing equipment, hiring staff, designing a program evaluation, or hiring a consultant. Startup grants shall be awarded for not more than one hundred thousand dollars ($100,000). (3) If a local educational agency or consortium submits an application for an operational grant on behalf of a school that does not meet the criteria specified in subdivision (g), (h), (i), or (j), the superintendent may offer the applicant a planning grant, provided that the local educational agency or consortium has not received previously a planning grant on behalf of that school. (c) All grants awarded under this article shall be matched by the participating local educational agency or consortium and its cooperating agencies with one dollar ($1) for each four dollars ($4) awarded. The match shall be contributed in cash or as services or resources of comparable value. It is the intent of the Legislature that participants seek and utilize private funds or resources for this purpose. The superintendent may waive the match requirement upon verifying that the local educational agency or consortium made a substantial effort to secure a match but was unable to secure the required match. (d) The superintendent shall award grants pursuant to this article to local educational agencies or consortia in northern, central, and southern California, in urban, suburban, and rural areas. To the extent possible, the grants shall be awarded for programs representative of the ethnic and linguistic diversity of schoolage pupils and their families. Further, to the extent possible, 50 percent of the grants shall be awarded to schools serving elementary school pupils and 50 percent to schools serving junior and senior high school pupils. (e) Of the schools that receive grants each year, not more than 10 percent may be selected based on the criteria identified in paragraph (3) of subdivision (g) of Section 8802. (f) A local educational agency or consortium is eligible for a grant under this article, on behalf of one or more schools operated by the agency or consortium, if it demonstrates in its program plan that it: (1) Will give priority for services provided under this chapter to pupils from low-income families. (2) Will assist families in responding to support services needs of pupils. (3) Has established the local agency collaboration process described in Article 4 (commencing with Section 8806), including a mechanism for sharing governance with cooperating agencies and entities, and for integrating or redirecting existing resources and other school support services. (4) Has submitted or is submitting an application to the State Department of Education and the State Department of Health Services for certification as a Medi-Cal provider, pursuant to Section 14000, and following, of the Welfare and Institutions Code. (5) Involves parents or guardians and teachers in the process of identifying pupils’ service needs and in the planning for and provision of support services. (g) For purposes of this chapter, support services shall include case-managed health, mental health, social, and academic support services benefiting children and their families, and may include, but are not limited to: (1) Health care, including: (A) Immunizations. (B) Vision and hearing testing and services. (C) Dental services. (D) Physical examinations, diagnostic, and referral services. (E) Prenatal care. (2) Mental health services, including primary prevention, crisis intervention, assessments, and referrals, and training for teachers in the detection of mental health problems. (3) Substance abuse prevention and treatment services. (4) Family support and parenting education, including child abuse prevention and schoolage parenting programs. (5) Academic support services, including tutoring, mentoring, employment, and community service internships, and inservice training for teachers and administrators. However, grants for these purposes shall supplement, not supplant, existing resources in these areas. (6) Counseling, including family counseling and suicide prevention. (7) Services and counseling for children who experience violence in their communities. (8) Nutrition services. (9) Youth development services, including tutoring, mentoring, recreation, career development, and job placement. (10) Case management services. (11) Provision of onsite Medi-Cal eligibility workers. (h) A local educational agency or consortium may contract with other entities, including county agencies and private nonprofit organizations or private partners, to provide services to pupils and their families. (i) Each local educational agency or consortium seeking a grant under this article shall submit an application to the superintendent at a time and manner, and with any appropriate information, as the superintendent may reasonably require. Each grant application submitted shall include all of the following: (1) A description of the proposed programs, including four or more support services expected to be provided at the schoolsite or at a site near, or adjacent to, the school. (2) Documentation of need for participation in the Healthy Start Support Services for Children Grant Program. (3) Documentation of need for planning assistance, program operation support, or both. (4) As to any operational grant application, a description of the objectives of the program, the amount and sources of required funding, the existing resources to be used or redirected, the priorities for development and timing of the program, the agencies responsible for the implementation of the program, and the procedures for the evaluation of the program. The program plan submitted with an operational grant application shall include all of the following: (A) Provisions for data collection and recordkeeping, including records of the population served, the components of the service, the results of the service, and costs, including startup, direct, and indirect costs, including those to other agencies, and cost savings. (B) A service evaluation component, including input, process, and outcome indicators, quality assessment, and the process by which these measures will be taken. In addition, the plan shall include specific targets and outcome measures. (C) A specific governing mechanism by which the plan will be implemented, including local decisionmaking responsibilities, organizational needs, anticipated problems and procedures to solve them, and incentives for collaboration and participation incentives to personnel. (D) A specific system for the provision of case management services, including procedures for implementation, identification of the target population, anticipated outcomes, and a list of existing services, resources, and programs that will be used as components of the program. (5) In the case of a consortium, a list of its members. (6) The grant application also shall document any procedures that have been, or will be, taken to designate the local educational agency as a Medi-Cal provider pursuant to Section 14000, and following, of the Welfare and Institutions Code. (7) A description of technical assistance, professional growth, and development needs, if any. (8) A description of the proposed plan for family involvement in the program. (9) A description of the population anticipated to be served. (10) As to any planning grant application, a plan describing how the proposed program will be implemented after the grant has expired. (j) Grants awarded pursuant to this article may be used for salaries of staff responsible for developing or implementing the program plan and administrative support staff, equipment and supplies, training, and insurance, pursuant to subdivision (b). (k) No more than 10 percent of the amount appropriated in a fiscal year for the purposes of this chapter may be used by the superintendent for state-level administration of this chapter, including evaluation and technical assistance. Technical assistance includes, but is not limited to, establishing interagency collaboration, providing information dissemination and referrals, including information about appropriate program models, conducting site visits, and convening workshops to assist in the implementation of a program developed pursuant to this chapter. (1) Of the amount provided in the annual Budget Act for state-level administration, up to 75 percent may be used for the purpose of outreach and technical assistance to local educational agencies. The remainder shall be used for state-level program administration. (2) The superintendent shall ensure that adequate resources are available to conduct an evaluation pursuant to subdivision (b) of Section 8805. (l) Commencing in the 1992 calendar year, and each subsequent year for which funding is available, grants shall be awarded according to the following schedule: (1) The superintendent shall issue requests for applications on or before November 1. (2) Grant applications shall be submitted to the superintendent on or before March 1. (3) The superintendent shall award grants on or before May 15. (Amended by Stats. 1997, Ch. 172, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] SECTION 8804.5. Source version: id_cd24f7dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=2. (a) The Legislature finds and declares that, as the number of planning and operational grants awarded pursuant to this chapter increases, additional local planning and coordinating efforts will be necessary among school districts, county offices of education, county governments, community organizations, and nonprofit organizations for all of the following reasons: (1) To avoid the duplication of efforts among agencies that administer the grants. (2) To develop linkages between several school districts, individual county agencies, statewide organizations, or nonprofit organizations. (3) To disseminate training and technical assistance materials developed by the department and other involved organizations. (4) To plan for, and ensure, the continued ability of local educational agencies or consortia to provide support services with an operational grant, including planning and supporting the funding of those services beyond the three-year grant period through such means as Medi-Cal. (5) To plan for, and ensure, the expansion of support services provided with an operational grant through creative refinancing options and the provision of comprehensive, integrated school-linked services to sites that do not receive planning or operational grants. (b) From funds appropriated in the annual Budget Act for the Healthy Start Support Services for Children Act, the department may award county or regional planning and coordinating grants to no more than 11 local educational agencies or consortia each year, to be used for the purposes enumerated in subdivision (a). Each grant shall be for an amount not to exceed fifty thousand dollars ($50,000). The total amount of grants awarded annually pursuant to this section shall not exceed five hundred fifty thousand dollars ($550,000). The duration of each grant shall be mutually agreed upon by the grantee and the department. (c) In awarding grants for the purposes of this section, the department shall give priority to local educational agencies or consortia that possess one or more of the following: (1) An established capacity for leadership in the community and an ability to engage in local problem solving and to creatively approach the restructuring of service delivery methods. (2) A demonstrated ability to work with and among service delivery agencies and systems, including county mental health, health, probation, and social service systems. (3) The capacity to support county and regional planning and coordination efforts to be more responsive to the needs of children and their families in providing support services. (4) Knowledge of the most effective strategies for refinancing grants and for integrating services between and among agencies. (d) A local educational agency or consortia shall collaborate with local service delivery agencies and existing collaborative councils in implementing a grant received pursuant to this section. (Added by Stats. 1994, Ch. 1239, Sec. 4. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 3. Healthy Start Support Services for Children Grant Program Evaluations and Reports [8805- 8805.] SECTION 8805. Source version: id_cd24f7e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=3. The Legislature finds that an evaluation of plan effectiveness is both desirable and necessary, and accordingly requires the following: (a) No later than January 1 of the year following a full year of operation, each local educational agency or consortium that receives an operational grant under this chapter shall submit a report to the superintendent that includes: (1) An assessment of the effectiveness of that local educational agency or consortium in achieving stated goals in the planning and/or operational phase. (2) Problems encountered in the design and operation of the Healthy Start Support Services for Children Grant Program plan, including identification of any federal, state, or local statute or regulation that will impede program implementation. (3) Recommendations for ways to improve delivery of support services to pupils. (4) The number of pupils who will receive support services who previously have not been served. (5) The potential impact of the program on the local educational agency or the consortium, including any anticipated increase in school retention and achievement rates of pupils who receive support services. (6) An accounting of anticipated local budget savings, if any, resulting from the implementation of the program. (7) Client and practitioner satisfaction. (8) The ability, or anticipated ability, to continue to provide services in the absence of future funding under this chapter, by allocating resources in ways that are different from existing methods. (9) Increased access to services for pupils and their families. (10) The degree of increased collaboration among participating agencies and private partners. (11) If the local educational agency or consortium received certification as a Medi-Cal provider, the extent to which the certification improved access to needed services. (b) Additional annual evaluations may be required as designated by the superintendent. (Amended by Stats. 2003, Ch. 552, Sec. 9. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 4. Local Agency Collaboration [8806- 8806.] SECTION 8806. Source version: id_cd267e85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=4. (a) Each local educational agency or consortium applying for a grant under this chapter shall establish procedures to ensure on-going consultation and collaboration with local agencies for the purposes set forth in subdivision (c). The consultation and collaboration process shall involve, at a minimum, parents or guardians and teachers of pupils of qualifying schools and representatives of each member agency or private partner who will provide, or is anticipated to provide, services pursuant to this chapter. (b) If the local educational agency or consortium is located within a county that has established an interagency children’s services coordinating council pursuant to Chapter 12.8 (commencing with Section 18986), of Part 6 of Division 9 of the Welfare and Institutions Code, any Healthy Start Support Services for Children Grant Program proposal submitted under this chapter first shall be approved by that council. The implementation of any program developed pursuant to this chapter shall be subject to the regular review of the interagency children’s services coordinating council. The local educational agency or consortium may engage in those activities authorized pursuant to Article 3 (commencing with Section 18986.20) of Chapter 12.8 of Part 6 of Division 9 of the Welfare and Institutions Code provided that the interagency children’s services coordinating council first approves those activities. The interagency children’s services coordinating council or its members may be designated to fulfill the responsibilities of the consultation and collaboration process required by this article. (c) Responsibilities of individuals designated for consultation and collaboration by the local educational agency or consortium shall include, but not be limited to, the following: (1) Participate in the development of the program during the planning stages. (2) Participate with the local educational agency or consortium in the design and operation of the program. (3) Facilitate communication between the local educational agency or consortium and state, local, and community-based organizations providing support services to children. (4) Make recommendations to appropriate organizations regarding ways to improve delivery of support services to children, and in the most cost-effective manner. (Amended by Stats. 1992, Ch. 157, Sec. 4. Effective July 9, 1992.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ARTICLE 5. Fiscal Provisions [8807- 8807.] SECTION 8807. Source version: id_73308d13-317d-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.&article=5. (a) The department is required to implement this chapter only to the extent that funds are apportioned for that purpose under the annual Budget Act, or are made available to the department for the purposes of this chapter from federal sources. It is the intent of the Legislature that the Superintendent, in consultation with the agency secretary, seek and utilize any federal funds that may be made available for the purposes of this chapter. (b) All money appropriated by the Legislature to the Superintendent for purposes of the Healthy Start Support Services for Children Act, shall be allocated by the Superintendent to local educational agencies or consortia that have been selected to participate in the grant program. Any amount not allocated during a fiscal year may be carried over to the subsequent fiscal year. In order to ensure that those local educational agencies or consortia that receive planning grants will be eligible to receive operational grants, a portion of any funds appropriated during a fiscal year may be reserved for allocation as operational grants in future fiscal years. (c) Any funds that are not expended by a local educational agency or consortium by the end of the three-year period of the grant shall be returned to the state, except under the following circumstances: (1) A local educational agency or consortium that received an operational grant in the 1992 calendar year may retain up to fifty thousand dollars ($50,000) of any amount not expended within the three-year period of the grant. (2) A local educational agency or consortium that received an operational grant in the 1993 calendar year or any calendar year thereafter, may retain up to twenty-five thousand dollars ($25,000) of any amount not expended within the three-year period of the grant. (3) The expenditure of any funds retained pursuant to paragraph (1) or (2) shall be for a one-year period and shall be used exclusively to continue the program operations consistent with the original grant. Retention of funds pursuant to paragraph (1) or (2) shall be contingent on approval by the department of an expenditure plan submitted by the local educational agency or consortium. (d) To the extent permitted by federal law, any funding made available to a local educational agency or consortium shall be subject to all of the following conditions: (1) The program is open to children without regard to any child’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the program. (3) The space in which the program is operated is not used in any manner to foster religion during the time used for operation of the program. (Amended by Stats. 2011, Ch. 347, Sec. 10. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] SECTION 8820. Source version: id_1c5cfc2e-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.1.&article= (a) The Arts and Music in Schools—Funding Guarantee and Accountability Act is hereby established for the purpose of providing a minimum source of annual funding for K–12 public schools, including public charter schools, to supplement arts education programs for pupils attending those schools. (b) (1) Commencing with the first fiscal year following enactment of this act, and for each fiscal year thereafter, there shall be continuously appropriated without regard to fiscal years from the General Fund to the department for the purposes of this chapter, an amount which is equal to 1 percent of the total state and local revenues received by local educational agencies in the preceding fiscal year that are included in the calculation of the minimum funding guarantee established by Sections 8 and 8.5 of Article XVI of the California Constitution, excluding the appropriation made pursuant to this chapter. (2) The Director of Finance shall calculate and publish the amount required to be appropriated by this chapter as part of the annual May Revision of the Governor’s Budget. The amount required to be appropriated by this chapter for each subsequent fiscal year shall be considered final as of the annual May Revision of the Governor’s Budget for the subsequent fiscal year. The Director of Finance shall publish the required appropriation amount by January 10 each fiscal year as part of the director’s duties pursuant to subdivision (d) of Section 41206.01. (3) Notwithstanding any other law, for purposes of making the computations required by subdivision (b) of Section 8 of Article XVI of the California Constitution: (A) For the first fiscal year following enactment of this chapter, the appropriations made pursuant to this subdivision shall be deemed supplementary payments in excess of the minimum amount required for that fiscal year pursuant to Section 8 of Article XVI of the California Constitution and shall not be considered towards fulfilling the requirements of Section 8 of Article XVI of the California Constitution for that fiscal year. (B) For subsequent fiscal years, the appropriations made pursuant to this subdivision shall be considered moneys that were allocated to school districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B of the California Constitution. (C) Commencing with the second fiscal year following the enactment of this act, and each fiscal year thereafter, “the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87,” for purposes of paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, shall be deemed to be the percentage of General Fund revenues that would have been appropriated for those entities if the share of the General Fund of the supplementary payments calculated pursuant to this subdivision in the prior fiscal year had been included in the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87. (c) Funds appropriated pursuant to this chapter shall be allocated by the department to each local educational agency as the sum of the amount calculated pursuant to paragraph (1) and the amount calculated pursuant to paragraph (2) for each schoolsite in that local educational agency, as follows: (1) An amount equal to the product of 70 percent of the funding appropriated in subdivision (b) times the school’s enrollment in the prior fiscal year, divided by the total statewide enrollment in the prior fiscal year of local educational agencies. (2) An amount equal to the product of 30 percent of the funds appropriated in subdivision (b) times the school’s enrollment of economically disadvantaged pupils in the prior fiscal year, divided by the total statewide enrollment of economically disadvantaged pupils in the prior fiscal year of local educational agencies. For schools serving preschool pupils, the enrollment of economically disadvantaged preschool pupils shall be deemed to equal the enrollment of preschool pupils in the prior fiscal year times the same percentage of pupils that are economically disadvantaged at the elementary schoolsite with the highest percentage of economically disadvantaged pupils in the prior year within the preschool’s local educational agency. If there is no elementary school within the preschool’s local educational agency, the enrollment of economically disadvantaged preschool pupils shall be deemed to equal the enrollment of preschool pupils in the prior fiscal year times the same percentage of pupils that are economically disadvantaged at the elementary schoolsite with the highest percentage of economically disadvantaged pupils in the prior year within the preschool’s county. (d) Local educational agencies shall allocate to each schoolsite an amount equal to the sum of the amount calculated pursuant to paragraph (1) of subdivision (c) and the amount calculated pursuant to paragraph (2) of subdivision (c). (e) For each schoolsite or preschool, the principal or program director shall develop an expenditure plan for the funds allocated pursuant to subdivision (d). (f) (1) Funds allocated pursuant to subdivision (d) shall be available for use for up to three fiscal years after which time the unexpended funds shall be reverted to the department, which shall reallocate those funds to all local educational agencies in the following fiscal year pursuant to subdivision (c). (2) Local educational agencies are required to report to the department the amount of unexpended funds by October 1 following the conclusion of the expenditure period pursuant to paragraph (1). If a charter school ceases to operate, a final expenditure report shall be due to the department within 60 days of the effective date of closure and the department shall collect any unexpended amounts. (3) The department may withhold the release of a local educational agency’s allocation pursuant to this section for the fiscal year in which the expenditure report required by paragraph (2) is due until that local educational agency has submitted the required expenditure report. (g) As a condition of receipt of funds pursuant to this chapter, a local educational agency shall annually: (1) Certify that all funds will be used to provide arts education programs, and that funds expended in the prior fiscal year were, in fact, used for those purposes, except as provided in paragraph (3). For local educational agencies with an enrollment of 500 or more pupils, the certification shall also ensure that at least 80 percent of funds to be expended will be used to employ certificated or classified employees to provide arts education program instruction and that the remaining funds will be used for training, supplies and materials, and arts educational partnership programs. (2) Certify that such funds received will be used to supplement funding for arts education programs and that funds expended in the prior fiscal year were, in fact, used to supplement arts education programs. (3) Certify that no more than 1 percent of funds received will be used for a local educational agency’s administrative expenses to implement this chapter and that funds received in the prior fiscal year were, in fact, used within that limit. (4) Submit an annual board- or body-approved report in a manner determined by the Superintendent, that shall be posted on the local educational agency’s and the department’s internet websites and that details the type of arts education programs funded by the program, the number of full-time equivalent teachers, classified personnel, and teaching aides, the number of pupils served, and the number of schoolsites providing arts education programs with those funds. (h) The department may, for good cause shown, provide a waiver from the requirement pursuant to paragraph (1) of subdivision (g) upon written request from the local educational agency. (i) Annual audits conducted in accordance with Section 41020 shall include all funds received and distributed by the local educational agency pursuant to this section, and shall include a determination of whether the funds were expended pursuant to the certifications submitted and the requirements of this section. (j) The Legislature may reduce the annual appropriation required by this chapter if the Legislature suspends the operation of Proposition 98 by the enactment of an urgency statute pursuant to subdivision (h) of Section 8 of Article XVI of the California Constitution. The percent of the reduction in the annual appropriation required by this chapter shall not exceed the percent of reduction in funding provided to K–12 schools and community colleges for the fiscal year below the funding level of minimum guarantee that would have been provided pursuant to Section 8 of Article XVI of the California Constitution if the suspension of the operation of Proposition 98 had not occurred. (k) Nothing in this section prohibits the Legislature from appropriating funds for the program in excess of this minimum annual appropriation. (Amended by Stats. 2024, Ch. 80, Sec. 34. (SB 1525) Effective January 1, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] SECTION 8821. Source version: id_ae457ea5-2026-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.1.&article= For purposes of this chapter, the following definitions apply: (a) “Arts education program” includes, but is not limited to, instruction and training, supplies, materials, and arts educational partnership programs, for instruction in: dance, media arts, music, theatre, and visual arts, including folk art, painting, sculpture, photography, and craft arts, creative expressions, including graphic arts and design, computer coding, animation, music composition and ensembles, and script writing, costume design, film, and video. (b) “Economically disadvantaged pupil” means a pupil who is eligible for the federal National School Lunch Act (42 U.S.C. Sec. 1751 et seq.) or any successor program. (c) “Enrollment” means every preschool, transitional kindergarten, and K–12 pupil enrolled in a local educational agency and schoolsite. A “preschool pupil” means a pupil enrolled in the California state preschool program or a pupil three years of age through five years of age enrolled in a preschool program for pupils with exceptional needs in a local educational agency. (d) “Local educational agency” includes K–12 school districts, county offices of education, charter schools, and the California school for the blind and the California school for the deaf. (e) “Supplement” means that the funds appropriated by this chapter shall be used by local educational agencies to increase funding of arts education programs and not to supplant existing funding for those programs. (Amended by Stats. 2023, Ch. 49, Sec. 2. (SB 115) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] SECTION 8822. Source version: id_90ae535b-607f-11ed-90cf-ff23fc090162 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.1.&article= (a) If any provision of this act or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. (b) This act is intended to be comprehensive. It is the intent of the people that in the event this act or acts relating to the same subject shall appear on the same statewide election ballot, the provisions of the other act or acts shall be deemed to be in conflict with this act. In the event that this act receives a greater number of affirmative votes, the provisions of this act shall prevail in their entirety, and all provisions of the other act or acts shall be null and void. (c) Except as provided in subdivision (j) of Section 8820, the Legislature may amend this chapter to further its purposes by a bill passed in each house by rollcall vote entered into the journal, two-thirds of the membership of each house concurring. (Added November 8, 2022, by initiative Proposition 28, Sec. 2.1. Effective December 21, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 5.5. Family Relationships and Parenting Education [8850.5- 8850.5.] SECTION 8850.5. Source version: id_cd2e1fcf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=5.5.&article= “Family relationships and parenting education,” as used in this chapter, means an instructional program designed to provide pupils at all grade levels with age-appropriate components, including all of the following: (a) Development of an understanding of the physical, mental, emotional, social, economic, and psychological aspects of themselves and others, and of the physiological, psychological, and cultural foundations of human development. (b) The opportunity to acquire knowledge which will support the development of responsible family relationships, strengthen the pupil’s current family life, and further the understanding of the role of the parent. (c) Development of an understanding of the consequences of decisions and actions upon personal, family, and peer relationships. (d) Recognition of, and attention to, the significance of healthy self-esteem in the growth and development of healthy human beings. (Added by Stats. 1984, Ch. 1619, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 6. California Community Schools Partnership Act [8900 - 8903] SECTION 8900. Source version: id_8842f791-e4ac-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=6.&article= This chapter shall be known, and may be cited, as the California Community Schools Partnership Act. (Added by Stats. 2021, Ch. 44, Sec. 8. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 6. California Community Schools Partnership Act [8900 - 8903] SECTION 8901. Source version: id_84c8fb0c-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=6.&article= For purposes of this chapter, the following definitions apply: (a) “Adjacent location” means an alternative location for services for pupils pursuant to this section that is within a one-half mile of the qualifying entity’s schoolsite. (b) “Community school” means a public school serving preschool, transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, with strong and intentional community partnerships ensuring pupil learning and whole child and family development, and specifically includes the following: (1) Integrated supports services, including the coordination of trauma-informed health, mental health, and social services that ensure coordination and support with county and local educational agency resources and nongovernmental organizations, and early screening and intervention for learning and other needs. (2) Family, pupil, schoolsite staff, and community engagement, which may include home visits, home-school collaboration, culturally responsive community partnerships to strengthen family well-being and stability, and school climate surveys. (3) Collaborative leadership and practices for educators and administrators, including professional development to transform school culture and climate, that centers on pupil learning and supports mental and behavioral health, trauma-informed care, social-emotional learning, restorative justice, and other key areas relating to pupil learning and whole child and family development. (4) Extended learning time and opportunities, including before and after school care and summer programs. (c) “Community Schools framework” means the framework for the California Community Schools Partnership Act described in Section 8901.5. (d) “Consortium” means either of the following: (1) Two or more local educational agencies. (2) One or more local educational agencies, one of whom shall serve as the fiscal agent, and one or more cooperating agencies providing services pursuant to this section at a schoolsite or adjacent location. (e) “Cooperating agency” means a federal, state, or local agency or public or private nonprofit entity that agrees to offer support services at a schoolsite, an adjacent location, or virtually through a program implemented under this chapter. Cooperating agencies include, but are not limited to, all of the following: (1) A county behavioral health agency that will operate the program in partnership with at least one local educational agency that is a qualifying entity. (2) A federal Head Start or Early Head Start program or other government-funded early childhood program or agency that will operate the program in partnership with at least one local educational agency that is a qualifying entity. (3) A childcare program or agency within a public institution of higher education that will operate the program in partnership with at least one local educational agency that is a qualifying entity. (f) “Dream Resource Center” means a public high school initiative to provide pupils, including undocumented pupils, in grades 9 to 12, inclusive, with resources that include, but are not limited to, all of the following: (1) Postsecondary financial aid support, such as assistance with the completion of the California Dream Act Application. (2) Social services support. (3) State-funded immigration legal services. (4) Academic advising and referrals to academic support and enrichment opportunities. (5) Parent and family workshops. (g) “Education interestholders” includes groups involved in community schools implementation, such as schools receiving community schools funding, community schools advisory bodies at the local, regional, and state levels, community-based organizations, state-funded technical assistance providers, education advocates, adult education programs, and labor partners. (h) (1) “Eligible schoolsite” means either of the following: (A) An individual school within a local educational agency, excluding a charter school classified as a nonclassroom-based charter school, with an unduplicated pupil percentage of 65 percent or more and 10 or more pupils enrolled based on prior year Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System. The unduplicated pupil percentage for an individual school shall be calculated by dividing the sum of the number of unduplicated pupils, as defined in Section 42238.02, by the school’s total enrollment. (B) An individual school within a local educational agency, including a charter school classified as a nonclassroom-based charter, that receives a community schools implementation grant pursuant to subdivision (h) of Section 8902. (2) It is the intent of the Legislature that nonclassroom-based charter schools will become eligible local educational agencies pursuant to subparagraph (A) of paragraph (1), beginning in 2031, commencing with the availability of a certification process for community school models. (i) “Lead agency” means the department. (j) “Local educational agency” means a school district, charter school, or county office of education. (k) “Network” means a group of schools that function as a learning community and are supported by a local educational agency that coordinates services and resources for their pupils, families, and staff. Participation in a network is at the discretion of a school’s local educational agency governing board. (l) “Partner” means a private business, nonprofit, public or nonprofit institutions of higher education, or foundation that provides financial assistance or otherwise assists a program operating under this chapter. (m) “Promise Neighborhood” means a targeted geographic area served by the Promise Neighborhoods program, as authorized by the federal Every Student Succeeds Act (Public Law 114-95), or a collaborative network of service providers that serves geographically defined areas or neighborhoods and focuses on revitalizing economically-disadvantaged communities through the establishment of a cradle-to-career network of services aimed at improving the health, safety, and education of the occupants in the defined area. (n) “Qualifying entity” means an entity that is any of the following: (1) A local educational agency or a consortium that meets any of the following criteria, as applied to the entire pupil population of pupils enrolled in the local educational agency or consortium: (A) Fifty percent or more of the enrolled pupils at the local educational agency or the consortium are unduplicated pupils. (B) The local educational agency or the consortium has higher than state average dropout rates. (C) The local educational agency or the consortium has higher than state average rates of suspension and expulsion. (D) The local educational agency or the consortium has higher than state average rates of child homelessness, foster youth, or justice-involved youth. (2) A local educational agency or consortium, on behalf of one or more schools within the local educational agency or consortium that satisfy any of the criteria in subparagraphs (A) to (D), inclusive, of paragraph (1). (o) “Regional technical assistance center” and “regional transformational assistance center” may be used interchangeably. (p) “Secondary community school” means a school serving pupils in grade 6 and higher, typically a middle or high school. Secondary community schools are characterized by strong relationships between pupils, families, staff, and community that center pupil well-being and college and career pathways, including, but not limited to, all of the following: (1) Relational learning environments where pupils are well-known by staff, which may include small schools or small learning communities within schools featuring teaching teams that share pupils and advisory systems that enable personalization. (2) Community and governmental partnerships that support pupil well-being and provide experiential learning opportunities, including community-connected projects, service opportunities, civic learning, internships, and youth leadership opportunities. (3) Partnerships with local business and higher education that support career pathways, dual enrollment, and dual credit opportunities, to the extent feasible. (4) Family partnerships that support pupil well-being and college and career readiness, including guidance on academic and social supports, as well as college and career access, including financial aid. (5) Purposeful implementation of social-emotional learning and restorative practices to build an environment of safety and belonging. (q) “State technical assistance center” and “state transformational assistance center” may be used interchangeably. (r) “Support services” includes case-managed health, mental health, social, and academic support services benefiting children and their families, and may include, but is not limited to, all of the following: (1) Health care, including all of the following: (A) Immunizations. (B) Vision and hearing testing and services. (C) Dental services. (D) Physical examinations and diagnostic and referral services. (E) Prenatal care. (2) Mental health services, including all of the following: (A) Primary prevention. (B) Crisis intervention. (C) Assessments and referrals. (3) Trauma-informed mental health care, including substance abuse prevention, early intervention, and treatment services, including all of the following: (A) Training for teachers, early educators, and school personnel in the detection of mental health problems, the impact of trauma and toxic stress, trauma-informed care and education, building resiliency, and helping pupils and families heal. (B) Outreach, risk assessment, and education for pupils and families. (C) Youth-focused substance use disorder prevention and treatment programs that are culturally and gender competent, trauma informed, and evidence based. (4) Family support and parenting education, including child abuse prevention and parenting programs, such as home visits or, when in-person home visits are not possible, virtually conducted home visits. (5) Academic support services, including tutoring, mentoring, employment, and community service internships, and in-service training for teachers and administrators. (6) Counseling, including family counseling, peer-to-peer counseling, and suicide prevention. (7) Services and counseling for children who experience violence, toxic stress, or adverse childhood experiences in their communities. (8) Nutrition services to reduce food insecurity. (9) Youth development services, including tutoring, mentoring, career development, and job placement. (10) Case management services. (11) Provision of onsite or virtual Medi-Cal eligibility workers, as allowed via telehealth pursuant to Section 1320b-5 of Title 42 of the United States Code. (s) “Technical assistance” means a structure to deliver training and technical assistance to grantees using regional collaboratives and state, regional, and local technical assistance providers that have expertise in pupil and family engagement, school-community collaboration of service delivery and financing, the coordination and integration of support services, and multiindicator data collection and evaluation. (t) “Unduplicated pupil” has the same meaning as defined in Section 42238.02. (Amended by Stats. 2026, Ch. 65, Sec. 16. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 6. California Community Schools Partnership Act [8900 - 8903] SECTION 8901.5. Source version: id_24d976a2-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=6.&article= (a) The Legislature finds and declares that fidelity to the California Community Schools Framework supports pupil well-being and academic achievement, and recognizes the framework adopted by the state board in January 2022 is consistent with this purpose. To this end, the state board shall adopt and maintain an implementation Framework for the California Community Schools Partnership Act that is responsive to evidence and research on the California Community Schools Partnership Program model and outcomes. (b) The state board shall adopt and maintain a framework for the California Community Schools Partnership Act, which shall include, but not be limited to, all of the following: (1) The statutory pillars described in subdivision (b) of Section 8901. (2) The key conditions of learning, cornerstone commitments, and proven practices consistent with successful community school research, including, but not limited to, embedded instructional and service coordination practices, shared governance, community engagement, and integration with other community-based approaches like Promise Neighborhoods. (3) Required data, reporting, and accountability elements necessary for schoolsite, local educational agency, and system of support continuous improvement, including ,but not limited to, measurable indicators for shared governance, community engagement, and integration of services at the county and regional levels. (4) Differentiated elements for elementary and secondary community school models. (5) Differentiated measures for local educational agency and schoolsite readiness to implement a new community school, and achieve certification described in subdivision (k) of Section 8902. (6) Key practices for county coordinators and regional transformational assistance centers. (c) The state board shall review and adopt, as necessary, an updated framework, consistent with this section, on or before January 1, 2030, and every five years thereafter, in response to the California Community Schools Partnership Program evaluation results and certification recommendations pursuant to Section 8902, and other research on the program’s pupil and system outcomes. (Added by Stats. 2026, Ch. 65, Sec. 17. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 6. California Community Schools Partnership Act [8900 - 8903] SECTION 8902. Source version: id_882e461e-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=6.&article= (a) The Legislature finds and declares all of the following: (1) The COVID-19 pandemic has continued to exacerbate conditions associated with poverty, including food insecurity, housing and employment instability, and inadequate health care. (2) Community schools offer unique models to more efficiently and effectively provide trauma-informed integrated educational, health, and mental health services to pupils with a wide range of needs that have been affected by the COVID-19 pandemic. (3) Additional investment in community schools that provide integrated pupil supports, community partnerships, and expanded learning opportunities will help address the trauma and loss of learning that have resulted from the COVID-19 pandemic. Statewide investment in community schools, supported by local networks designed to coordinate services and resources, is critical to realize whole-child education. (b) For the 2021–22 fiscal year, the sum of two billion eight hundred thirty-six million six hundred sixty thousand dollars ($2,836,660,000) is hereby appropriated from the General Fund to the department to administer the California Community Schools Partnership Program, established by Section 117 of Chapter 24 of the Statutes of 2020, as amended by Section 63 of Chapter 110 of the Statutes of 2020, in the manner and for the purposes set forth in this section. These funds shall be used in accordance with the California Community Schools Framework, as adopted by the state board. These funds shall not be used for punitive disciplinary practices or the engagement of campus law enforcement. These funds shall be available for encumbrance or expenditure until June 30, 2032. The funds shall be distributed as follows: (1) At least two billion six hundred ninety-four million eight hundred twenty-seven thousand dollars ($2,694,827,000) shall be allocated to establish new, and expand existing, community schools supported by local educational agencies or consortiums that help coordinate services and manage learning networks for these schools. (2) Up to one hundred forty-one million eight hundred thirty-three thousand dollars ($141,833,000) shall be allocated to contract with local educational agencies to create a network of at least five regional technical assistance centers, pursuant to subdivision (l), to provide support and assistance to local educational agencies, or consortiums, and community schools through the 2029–30 school year or at the time when the new community schools technical assistance structure developed pursuant to Section 8903 is adopted by the state board. The department shall designate one of the five regional technical assistance centers to be the state transformational assistance center for purposes of this chapter. Regional technical assistance center responsibilities shall include all of the following, as determined by the state transformational assistance center: (A) Outreach and technical assistance to potential applicants as needed before or after awarding a grant under the program under this section and to community schools participating in the California Community Schools Partnership Program established pursuant to Section 8903. (B) Development of community school resources, sharing of best practices, and data collection and use, consistent with the Community Schools framework. (C) (i) The state transformational assistance center shall be responsible for the development of optional centralized planning templates to support interagency planning and the leveraging of funding for the community school initiative, including, but not limited to, funding from the Expanded Learning Opportunities Program, the California state preschool program, Universal Transitional Kindergarten, universal meal programs, health and mental health supports for pupils and staff, career technical education and college readiness initiatives, the local control funding formula, and any other available local, state, or federal funds that may facilitate and sustain the community school initiative. (ii) The department shall require the centralized planning templates to be available to local educational agencies on or before January 1, 2028, and to be updated annually for new or amended funding sources. (D) Facilitation of peer support networks for qualifying entities and county offices of education to support community engagement and the provision of supports within a multi-tiered system of support leading to positive and equitable pupil academic and well-being outcomes, as well as positive school climate outcomes, for both state and local measures identified in the local educational agency’s local control and accountability plan. (E) Support local educational agencies in blending initiatives and funding consistent with the Community Schools framework, including, but not limited to, Promise Neighborhoods, Dream Resource Centers, Expanded Learning Opportunities Program, and Career and College readiness initiatives. (3) (A) (i) Up to one hundred forty million dollars ($140,000,000) shall be allocated to county offices of education serving at least two qualifying entities receiving grant funding pursuant to subdivision (g) or (h) to coordinate county-level governmental, nonprofit community-based organizations, and other external partnerships to support community school implementation at grant recipients under this section and Section 8903 in their county. This shall include designating a county-level community schools liaison to coordinate with the department and technical assistance centers in capacity building, resource connection, and continuous improvement activities consistent with supporting grant recipients in their county in implementation of community schools, as specified in subdivisions (g) and (h). (ii) County office of education grant awards under this paragraph shall also be used to de-silo programs and services that can uplift and support the whole child, with the overall goal of moving towards fully integrating county-level community schools implementation supports and services into the larger statewide system of support by embedding these supports and services within the county’s universal and targeted assistance approach once one-time coordination grants conclude. A county office of education may also use its existing coordination grant funding to implement Section 8903. (iii) County office of education grant award amounts under this paragraph shall be determined based on the number of community schools funded pursuant to this section, and the number of pupils served in those schools, using an allocation formula determined by the department, and provide at least two hundred thousand dollars ($200,000) and up to five hundred thousand dollars ($500,000) annually through the 2029–30 fiscal year for each qualifying county office of education. These funds are separate from any funds county offices of education receive pursuant to paragraph (3) of subdivision (h) for serving as qualifying entities to a network of community schools. (B) County offices of education receiving funds pursuant to this paragraph shall support centralized grant recipient communications with county-level governmental partners and funding sources, which may include, but not be limited to, pupil support and health care service billing and billing practices technical assistance, leading a County Children’s Cabinet, and coordination with Promise Neighborhoods lead organizations and agencies. (C) County offices of education receiving funds pursuant to this paragraph shall support local educational agency planning and use of pupil and campus data, consistent with the guidance of the System of Support Equity Leads, and the state transformational assistance center, for integrating community school, expanded learning, early childhood education, county behavioral health, educator professional development, and other state-funded initiatives integral to the pillars of a community school approach as described in subdivision (b) of Section 8901, which may be part of the qualifying entity’s local control and accountability plan process pursuant to Section 47606.5, 52060, or 52066, as applicable. (c) On or before November 15, 2021, the department, with the approval of the state board, shall update as necessary the application process and administration plan for the selection of grant recipients under the program, which may include prioritization for awards. After November 15, 2021, the department shall update the state board on an annual basis regarding the administration of this section and present to the state board any proposed changes to the application process and administration plan. (d) The department shall award, subject to the approval of the state board, grants on a competitive basis to qualifying entities for planning grants for new community schools, implementation grants for new community schools or for the expansion or continuation of existing community schools, as provided, to representative qualifying entities in northern, central, and southern California, and in urban, suburban, and rural areas. (e) A qualifying entity seeking a grant under this section shall submit an application to the department at a time and in a manner, and with any appropriate information, as the department may reasonably require. Each grant application submitted shall include all of the following: (1) A description and documentation of how the participating community and cooperating agencies have been and will be engaged in the community school model. (2) A description of all of the programs and services to be provided at the schoolsite, at a site near or adjacent to the school, or virtually. (3) A description of all direct and indirect resources to be used for the community school program, and the agencies responsible for the implementation of the program. (4) Provisions for data collection and recordkeeping, including records of the population served, the components of the service, the outcomes of the service, and costs, including all of the following: (A) Direct costs. (B) Indirect costs. (C) Costs to other agencies. (D) Cost savings. (f) The department shall prioritize grant funding to qualifying entities who meet all of the following: (1) Serve pupils in schools or a partner school or schools in which at least 80 percent of the pupil population are unduplicated pupils. (2) Demonstrate a need for expanded access to integrated services, including those disproportionately impacted by the COVID-19 pandemic. (3) Involve pupils, parents, certificated and classified school staff, and cooperating agency personnel in the process of identifying the needs of pupils and families, and in the planning of support services to be offered. (4) Commit to providing trauma-informed health, mental health, and social services for pupils within a multi-tiered system of support at the schoolsite, or an adjacent location, and partner with other schools, school districts, county agencies, or nongovernmental organizations. (5) For qualifying entities that serve elementary school pupils, or for schools where there is a demonstrated need for childcare, including, but not limited to, programs for pregnant and parenting teens, commit to providing early care and education services for children from birth to five years of age, inclusive, through one or more local educational agencies or community-based organizations. (6) Identify a cooperating agency collaboration process, including cosignatories, a mechanism for sharing governance, which may include a plan to use existing or create shared decisionmaking teams that include pupils, families, educators, and community-based organizations, and for integrating or redirecting existing resources and other school support services. (7) Plan to support a network of site-based community schools at schoolsites that have the capacity to ensure that services, professional development, and engagement can occur on schoolsite, or at an adjacent location, with the support of community-based organizations and other relevant providers, for all relevant stakeholders. (8) Identify a plan to sustain community school services after grant expiration, including by maximizing reimbursement for services from available sources, including, but not limited to, the Local Educational Agency Medi-Cal Billing Option Program, School-Based Medi-Cal Administrative Activities program, and reimbursable mental health specialty care services provided under the federal Early and Periodic Screening, Diagnosis, and Treatment program (42 U.S.C. Sec. 1396d(a)(4)(B)). (g) (1) Of the amount identified in paragraph (1) of subdivision (b), including all other funds appropriated for this program in the Budget Act of 2021, at least 10 percent shall be available for planning grants of up to two hundred thousand dollars ($200,000) per qualifying entity, and shall be allocated in the 2021–22 and 2022–23 fiscal years, for up to a two-year planning grant period, for local educational agencies with no existing community schools. The planning grant may be used for any of the following purposes: (A) Staffing costs for a community school coordinator. (B) Conducting a comprehensive school and community needs and asset assessment, including, but not limited to, pupil and community demographics, school climate, integrated support services, expanded learning time, educator, family, pupil, and community engagement, new or existing partnerships with governmental entities or community-based organizations, and available funding sources. (C) Grant application support, service billing development, and other administrative costs necessary to launch a community school model at scale. (D) Partnership development and coordination support between the grantee and cooperating agencies. (E) Providing training and support to local educational agency and cooperating agency personnel to develop best practices for integrating instruction and pupil supports. (F) Preparing a community school implementation plan for submission to the governing board or body of the local educational agency and to the department. (2) Any remaining planning grant funding available at the conclusion of the planning grant period shall be made available for implementation grants. (h) (1) Of the amount identified in paragraph (1) of subdivision (b), including all other funds appropriated for this program in the Budget Act of 2021, up to 72 percent shall be available for implementation grants to qualified entities. Implementation grants shall be at least one hundred thousand dollars ($100,000) and up to five hundred thousand dollars ($500,000) annually per schoolsite for new community schools or for the expansion or continuation of existing community schools that agree to align with the provisions of this section. New and existing community schools shall be funded for five years, upon submission to the department of a community school plan and evidence of ongoing progress as part of the annual formative evaluations specified in subdivision (n). The implementation grant may be used for any of the following purposes: (A) Staffing, including, but not limited to, a community school coordinator, and contractor capacity. (B) Coordinating and providing support services to pupils and families at or near community schools, including through childcare, expanded learning time before and after school, and during school intersessions. (C) Providing training and support to local educational agency personnel and partner agency personnel on integrating school-based pupil supports, social-emotional well-being, trauma-informed practices, and establishing sustainable community school funding sources. (D) Designing and executing educator, family, pupil, and community engagement strategies. (E) Ongoing data collection and program evaluations, including at least one measure of growth in individual pupil well-being as measured through pupil surveys or the compilation of screening tool results. (F) Implementing the sustainability plan described in paragraph (8) of subdivision (f) and updating the plan as necessary. (G) Securing various long-term funding streams and commitments from partners that will continue to provide financial assistance or other means of support. (H) Building capacity around sustainability and other efforts to support ongoing community school programming. (I) Conducting a comprehensive school and community needs and asset assessment to support a continuous improvement process. (2) The department shall prioritize new community schools for implementation grants under paragraph (1) and those moneys shall supplement, not supplant, existing services and funds. For purposes of this section, continuing a position or services with these funds shall not be considered supplanting if the position or services were funded by a source that has legally expired. (3) A local educational agency grantee may retain up to the lesser of five hundred thousand dollars ($500,000) or 10 percent of the total funds awarded pursuant to this subdivision for its sites each year. These funds shall be used to administer implementation grants locally, manage professional learning and networking, and coordinate services and funding streams for community schools under the local educational agency grantee. Funds retained by the local educational agency grantee to provide direct services to pupils may be retained separately from this administrative set-aside. (4) The funding under paragraph (3) shall supplement, and not supplant, existing services and funds, and shall be used for ongoing coordination of services, management of the community school, and ongoing data collection and program evaluations. (5) Implementation grant funds may carry over from year to year and are restricted to permitted uses of the funds. (6) Qualifying entities that receive implementation grants shall annually report and publicly present their community school plans, including data and outcomes from the prior year, at the schoolsite and at a meeting of the governing board of the school district, county board of education, or the governing body of the charter school. Implementation grant recipients shall publicly post their community school grant application and community schools plan on the local educational agency’s internet website. (7) The department may allocate any funds returned pursuant to this subdivision for the purposes provided in subdivision (k). (i) It is the intent of the Legislature that qualifying entities that serve high school pupils with significant populations of undocumented pupils in grades 9 to 12, inclusive, implement a Dream Resource Center as part of their community school model. (j) (1) All planning and implementation grants awarded under subdivisions (g) and (h) shall be matched by the qualifying entity or its cooperating agencies with a local match equal to one-third of the grant amount. The local match shall be contributed in cash or as services or resources of comparable value, as determined by the department. (2) The department shall reserve adequate funding pursuant to this section to preserve capacity for qualifying entities receiving planning grants pursuant to subdivision (g) to receive implementation grants pursuant to subdivision (h) at the end of their planning grant period, if all planning grant requirements are met and planning grantee applicants meet implementation grant eligibility requirements pursuant to this section. (3) Beginning July 1, 2024, the department shall prioritize awarding implementation grants to planning grantees. Notwithstanding paragraph (2), to the extent that sufficient funding is not available to fund implementation grants for all planning grantee applicants, the department shall use the priorities described in subdivision (f) to determine which planning grantee schools receive implementation grants. (k) Of the amount identified in paragraph (1) of subdivision (b), at least eighty-four million dollars ($84,000,000) shall be available for reappropriation in the 2026–27 fiscal year and to support all of the following: (1) Up to twenty-eight million dollars ($28,000,000), subject to the approval of the state board, for the state transformational assistance center to support the long-term planning of the California Community Schools Apportionments Program, including the development of the reporting, accountability, and certification requirements and processes. Funds shall be used for all of the following purposes: (A) Up to three million dollars ($3,000,000), available for encumbrance or expenditure until June 30, 2028, to conduct or commission a set of analyses to inform the long-term technical assistance, reporting, accountability, and certification process for community schools. The state transformational assistance center may conduct these analyses or select one or more institutions of higher education to conduct the analyses no later than January 1, 2028. If an institution or institutions of higher education is selected to conduct these analyses, the institution or institutions may work with a research-based nonprofit organization. Indirect costs applied to contracts with entities conducting the analyses shall not exceed 10 percent of the contract amount. The analyses shall do all of the following: (i) Summarize research on the features associated with community schools’ progress and success, including community schools that have been previously established. (ii) Identify key components of community schools to be tracked yearly in the annual progress report and through the certification process and explore mechanisms by which these components may be assessed at scale. (iii) Engage with a wide range of education interestholders to solicit their input on central features of community schools’ progress and success that should inform technical assistance, reporting, and accountability consistent with the Community Schools framework. (iv) Identify options to streamline and focus reporting requirements, given other reporting required of schools and local educational agencies. The analyses and recommendations may include changes to other educational planning and reporting mechanisms, including, but not limited to, the local control and accountability plan, the School Plan for Student Achievement, and reporting requirements of the Expanded Learning Opportunities Program, if they can be used to support community schools reporting. (v) Recommend long-term plan and guidance for the technical assistance structure for community schools in the ongoing funding context, including what an effective, long-term technical assistance structure that is embedded within the larger statewide system of support would look like, and identify potential costs. (vi) On or before June 30, 2028, produce recommendations for state board consideration and adoption of the analyses. (B) (i) Up to ten million dollars ($10,000,000), available for encumbrance or expenditure until June 30, 2031, to develop and implement the schoolsite certification process pursuant to the state board of education-adopted recommendations for accountability. (ii) The state transformational assistance center, subject to the approval of the state board, may select an entity with demonstrated expertise on the community school model and school accountability, to assist with the development and implementation of the certification process. (iii) The certification process shall be piloted no later than the 2028–29 school year and implemented no later than October 1, 2031. (iv) The state transformational assistance center shall engage with education interestholders to solicit their input on a certification process. (C) (i) Fifteen million dollars ($15,000,000), available for encumbrance or expenditure until June 30, 2031, added to the amount specified in paragraph (2) of subdivision (b) to increase the existing amount for the state transformational assistance center to at least five million dollars ($5,000,000) on an annual basis. Funds shall be used to support the statewide expansion of community school sites, evaluate the technical assistance structure, and integrate the community schools model and supports into the statewide system of support by the time certification begins. (ii) The Legislature and Governor intend to work together to augment the appropriation specified in subparagraph (D) of paragraph (2) of subdivision (c) of Section 8903, as needed, to support future costs for the state technical assistance structure after June 30, 2031. Any additional funding to support the technical assistance structure shall be subject to an appropriation by the Legislature. (2) (A) Fifty million dollars ($50,000,000), available for encumbrance or expenditure until June 30, 2029, for allocation to the California Collaborative for Educational Excellence to provide grants to develop, identify, and implement models of secondary school redesign pursuant to the Secondary School Redesign Pilot Program established by Section 84 of Chapter 8 of the Statutes of 2025. (B) Grants provided pursuant to this paragraph shall ensure that models of secondary school redesign include before school, after school, summer, or intersession learning opportunities outside of the instructional day for pupils to the extent feasible and are consistent with the Community Schools framework. (C) Priority for funding shall be given to grantees serving secondary community schools, as defined in Section 8901, that are committed to the Community Schools framework, and that demonstrate strong relationships between pupils, families, staff and community, that center pupil well-being. (D) The California Collaborative for Educational Excellence may retain up to three million five hundred thousand dollars ($3,500,000) of the funds described in subparagraph (A) for costs associated with the administration of the model and evaluation of the pilot program. Up to one million dollars ($1,000,000) of the amount appropriated under subparagraph (A) shall be made available to reimburse the Marin County Office of Education, the administrative agent of the collaborative, for costs associated with the administration of the pilot program. (E) The collaborative, on or before January 1, 2029, shall provide recommendations to the state board for improvements to the framework, developed pursuant to Section 8901.5, consistent with high performing secondary community school models funded and supported under this paragraph. (3) For the 2026–27 fiscal year of the amount appropriated pursuant to paragraph (1) of subdivision (b) of Section 8903, six million dollars ($6,000,000), is available for encumbrance or expenditure until June 30, 2029, for allocation to the San Bernardino County Office of Education, in partnership with the Sacramento County Office of Education, under the leadership of the state transformational assistance center, to contract with the San Bernardino Superintendent of Schools to support the continued implementation of Transforming Together, an initiative supported by the Children and Youth Behavioral Health Initiative and California Community Schools Partnership Program that aims to strengthen collaboration between county offices of education and community partners to better meet the behavioral health needs of pupils and families. (l) Of the amount identified in paragraph (2) of subdivision (b), the department shall contract, subject to the approval of the state board, on a competitive basis with at least five local educational agencies to serve as regional technical assistance centers to provide technical assistance to local educational agencies seeking to establish, expand, or improve community schools. Preference shall be given to local educational agencies that commit to partnering with institutions of higher education or nonprofit community-based organizations. Technical assistance shall, to the extent practicable, be provided in consultation and collaboration with the statewide system of support established pursuant to Section 52059.5, and be made available to share best practices and assist both prospective applicants and grant recipients with tasks, including, but not limited to, all of the following: (1) Conducting a comprehensive school and community needs and asset assessment. (2) Improving authentic family and community engagement in the languages spoken in the community. (3) Creating community partnerships, including, but not limited to, Promise Neighborhoods Initiatives. (4) Developing sustainable funding sources. (5) Coordinating services across child-serving agencies and schools. (6) Accessing and combining funding for services from multiple revenue sources. (m) Grant recipients and technical assistance centers shall commit to providing program and expenditure data to the department, as specified by the department, and participating in overall program evaluation. (n) (1) The impact of the grant program in achieving the goals described in this section, including an evaluation of the effectiveness of the opportunities provided, shall be included as part of an annual formative evaluation of the program. (2) The department shall use a competitive grant process to contract with an entity to develop and administer annual formative evaluations. The evaluations shall include all of the following: (A) Outcome data, as specified by the department and the state board, including measures of pupil well-being and engagement, including, but not limited to, pupil attendance and school climate. (B) An analysis of the nature and kind of services provided and changes made within the schools, areas of progress, and challenges to be addressed to meet the goals of the California Community Schools Partnership Program, including, but not limited to, effective integration of instructional and pupil support services, and support for authentic pupil, educator, and family engagement. (C) Evidence of best practices and successful strategies for integrating multiple funding sources to meet a local educational agency’s school improvement goals identified in their local control and accountability plan. (3) (A) The department shall provide a formative evaluation to the Governor and the appropriate policy and fiscal committees of the Legislature by December 31, 2023, and annually thereafter, ending with a final comprehensive report on or before December 31, 2031. (B) The annual formative evaluations shall be made publicly available on the department’s internet website. (C) The annual formative evaluations shall be separate from the comprehensive report that is required to be submitted on December 31, 2025, to the Governor and the appropriate policy and fiscal committees of the Legislature, pursuant to Section 117 of Chapter 110 of the Statutes of 2020. (D) The final comprehensive report shall be provided to the Governor and the appropriate policy and fiscal committees of the Legislature and the state board on the impact of the grant program in achieving the goals described in this section, including an evaluation of the effectiveness of the opportunities provided. The state board shall consider recommendations in this evaluation for revisions to the Community Schools framework, as applicable. (o) In addition to the amount specified in subdivision (b), the sum of one billion one hundred thirty-two million five hundred fifty-four thousand dollars ($1,132,554,000) is hereby appropriated from the General Fund in the 2022–23 fiscal year to the department for allocation beginning in the 2023–24 fiscal year for implementation grants consistent with the purposes and requirements of subdivision (b) and the activities specified in subdivision (k). (p) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (o) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 18. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 6. California Community Schools Partnership Act [8900 - 8903] SECTION 8903. Source version: id_292e51d4-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=6.&article= (a) (1) The Legislature finds and declares all of the following: (A) The California Community Schools Partnership Act, established as part of the Budget Act of 2021, is a key initiative of California’s historic whole-child transformation of public schools built on the state board-adopted California Community Schools Framework. This model of education incorporates state investments in universal free school meals, universal transitional kindergarten, before and after school learning, career and college readiness, and investments in teacher training, coaching, recruitment, and retention, resulting in a cohesive program of instructional quality and removing barriers to learning, and collaborative leadership. (B) Implementation of the community schools model results in better home-school connections, academic supports, nutrition, after school and summer school enrichment and care, trauma-informed behavioral and physical health services, and access to social services. (C) The California Community Schools Framework specifies the pillars of a successful community schools model that results in transformational outcomes: integrated pupil supports, family and community engagement, collaborative leadership and practices for educators and administrators, and extended learning time and opportunities. Successful community school models in California implement this framework with fidelity. It is the intent of the Legislature that the California Community Schools Framework be periodically revised to incorporate updated research and identified needs for statewide school and system improvement. (D) Research indicates that schools that received grants pursuant to the California Community Schools Partnership Act show significant reductions in chronic absenteeism and suspensions, and improvements in test scores and academic achievement, with the largest gains for historically underserved pupils. (E) Expansion of the community schools model will increase these positive outcomes, especially for schools that have large concentrations of pupils from low-income families, English language learners, and youth in foster care. (b) (1) (A) For the 2026–27 fiscal year, the Legislature shall initially appropriate the sum of one billion dollars ($1,000,000,000) from the General Fund to the department to administer the California Community Schools Partnership Program in the manner and for the purposes set forth in this chapter. (B) This amount may be adjusted each year through Item 6100-115-0001 of the annual Budget Act to provide sufficient funding, pursuant to the formula described in subdivision (c), to all eligible schoolsites that participate in the program. (2) Funds received pursuant to this section shall be used in accordance with the California Community Schools Framework, as adopted by the state board. These funds shall be used to implement community schools supported by local networks and to implement shared decisionmaking practices with education interestholders and shall not be used for punitive disciplinary practices or the engagement of campus law enforcement. (3) Funds distributed pursuant to paragraph (1) of subdivision (c) shall supplement, not supplant, funding used for services and supports at eligible schoolsites through the local control funding formula pursuant to Section 2574, 2575, or 42238.02, the Expanded Learning Opportunities Program pursuant to Section 46120, or the Literacy Coaches and Reading Specialists Grant Program established pursuant to Sections 53008.5, 53008.7, 53009, and 53009.1. (c) Funds appropriated pursuant to subdivision (b) shall be distributed each fiscal year as follows: (1) (A) (i) To local educational agencies to support a network of their eligible schoolsites to implement new, and provide ongoing support for existing, community schools consistent with subparagraphs (B) and (C). (ii) The allocation calculated pursuant to subparagraph (B) shall be used as to support either a planning period of up to two years pursuant to paragraph (1) of subdivision (e) or the implementation phase described in paragraph (2) of subdivision (e). Schoolsites that are ready to implement shall submit to the department a community school plan and evidence of ongoing progress as part of the annual formative evaluation requirements specified by the department pursuant to subdivision (m) of Section 8902. (B) (i) Commencing with the 2026–27 fiscal year, for each local educational agency with an eligible schoolsite, the department shall make one of the following computations for each eligible schoolsite based on the following as adjusted pursuant to subparagraph (C): Pupils Enrolled at the Eligible Schoolsite Amount to be Computed per Eligible Schoolsite 10–24 $75,000 25–150 $115,000 151–400 $190,000 401–1,000 $230,000 1,001–2,000 $305,000 2,000+ $400,000 (ii) Commencing with the 2027–28 fiscal year, the amounts to be computed per eligible schoolsite identified in clause (i) shall be adjusted each fiscal year by the percentage change applied pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for that fiscal year. (iii) A local educational agency with eligible schoolsites that notifies the department of the intent to receive an allocation, pursuant to subparagraph (E), under this section shall receive annual payments in accordance with this subparagraph, as adjusted pursuant to subparagraph (C), notwithstanding subsequent changes in pupil data submitted through the California Longitudinal Pupil Achievement Data System. The annual payments shall remain the same amount and may be adjusted when eligibility is redetermined during the certification process. (iv) Notwithstanding clause (iii), the department may establish procedures to determine mid-year adjustments to eligibility in cases of an eligible schoolsite restructuring. (C) An eligible schoolsite that receives an implementation grant pursuant to Section 8902 shall, for the term of its implementation grant, have the allocation listed in subparagraph (B) reduced consistent with the following: (i) If the total amount of a schoolsite’s implementation grant, divided by five, is greater than or equal to the amount listed in subparagraph (B) for the number of pupils enrolled, the schoolsite shall instead receive no funding under this paragraph for that fiscal year. (ii) If the total amount of a schoolsite’s implementation grant, divided by five, is less than the amount listed in subparagraph (B) for the number of pupils enrolled, the schoolsite shall instead receive the difference between the total implementation grant amount, divided by five, and the amount specified in subparagraph (B) for the number of pupils enrolled for that fiscal year. (D) (i) Funds received under this paragraph shall be used for activities consistent with the purposes identified in subdivisions (g) and (h) of Section 8902. (ii) A schoolsite that, at the time of the receipt of funds, has not conducted the planning needed to develop the schoolsite implementation plan required pursuant to subparagraph (C) of paragraph (2) of subdivision (e), shall use the initial funding to develop an implementation plan that demonstrates alignment with the California Community Schools Framework. (E) (i) On or before November 1, 2026, a local educational agency with an eligible schoolsite shall notify the department of its intent to receive for each eligible schoolsite an allocation under this paragraph as part of the 2026–27 fiscal year cohort, in a manner to be determined by the department. The notification shall include an initial attestation to the department of the local educational agency’s commitment to implementing the community schools model in accordance with the Community School framework and state law. The notification shall also include assurances declaring the local educational agency collected signed commitment letters from education interestholders, including, but not limited to, the superintendent of the school district, schoolsite principals, and representatives of teachers, noncertificated staff, pupils, and parents. (ii) A local educational agency with an eligible schoolsite that is not currently receiving funding pursuant to Section 8902 may submit the required notification of its intent to receive an allocation during an annual June 1 opt-in period. Eligible local educational agencies that opt-in by November 1, 2026, or by June 1 of each year shall be eligible to receive apportionment funding as part of a new cohort beginning in the next academic year. A local educational agency shall notify the department about its intent for planning phase or implementation phase status as part of the opt-in process. (iii) As part of the opt-in process, the department shall notify all local educational agencies of the minimum annual reporting requirements for an annual implementation grant apportionment, and may encourage a local educational agency to pursue a planning period pursuant to subparagraph (A) of paragraph (1) of subdivision (e), as needed, to ensure readiness to implement a new community school. (2) (A) Ten million dollars ($10,000,000) to the department to select, subject to the approval of the executive director of the state board, at least one local educational agency to implement the technical assistance structure and network described in Section 8902 and support the ongoing certification process. Funds shall also be used to provide support and assistance to local educational agencies on an ongoing basis so they can implement the community schools model in accordance with the Community Schools framework and ultimately help their schoolsites maintain their certification. Preference shall be given to county offices of education that commit to partnering with institutions of higher education, nonprofit community-based organizations, and school districts and schoolsites that demonstrate strong implementation of the community schools approach as outlined in the Community Schools framework, as determined by the department with input from education interestholders. The responsibilities of transformational assistance centers shall be aligned with those identified in paragraph (2) of subdivision (b) of Section 8902. (B) The department shall determine the terms, including duration, for each transformational assistance center, subject to the approval of the executive director of the state board. The department shall have the authority to renew the selection of the existing transformational assistance centers or reopen the selection process, at the conclusion of each grant term. To determine funding for the transformational assistance structure, the department shall take into consideration the number of community school sites supported by the technical assistance structure. (C) Technical assistance shall be provided in consultation and collaboration with the statewide system of support established pursuant to Section 52059.5. (D) Of the amount provided in subparagraph (A), two million dollars ($2,000,000) shall be allocated to the local educational agency serving as the state transformational assistance center. The responsibilities of the state transformational assistance center shall include, but not be limited to, all of the following: (i) Serve as a lead entity within the statewide system of support and work collaboratively with the California Collaborative for Educational Excellence, the department, lead agencies in the system, and state agencies that support the implementation of community schools. (ii) Serve as a centralized hub for the transformational assistance structure to facilitate a coordinated and aligned approach for the ongoing implementation of the community schools initiative. (iii) Collaborate with the department and relevant education interestholders to develop the annual attestation process and certification process required pursuant to subdivision (d). (iv) On or before October 31, 2029, submit a report to the Legislature, consistent with Section 9795 of the Government Code, outlining the certification process informed by the study. (E) A local educational agency receiving funding under this paragraph shall commit to providing program and expenditure data to the department, as specified by the department, and participating in program evaluation and improvement efforts. (d) (1) The department shall allocate funding appropriated in Item 6100-115-0001 of the annual Budget Act to county offices of education to coordinate county-level governmental, nonprofit community-based organizations, and other external partnerships to support community school implementation at grant recipients in their county. This shall include designating a county-level community schools liaison to coordinate with the department and technical assistance centers in capacity building, resource connection, and continuous improvement activities consistent with supporting grant recipients in their county in implementation of community schools, consistent with the Community Schools framework, as specified in subdivision (e). County office of education grant award amounts under this paragraph shall be determined based on the number of community schools funded pursuant to this section, and the number of pupils served in those schools, using an allocation formula determined by the department, and provide at least two hundred thousand dollars ($200,000) and up to five hundred thousand dollars ($500,000) annually, for each qualifying county office of education. These funds are separate from any funds county offices of education receive pursuant to subdivision (f) for serving as qualifying entities to a network of community schools. (2) A county office of education that receives funds pursuant to this subdivision shall support centralized grant recipient communications with county-level governmental partners and funding sources, which may include, but not be limited to, pupil support and health care service billing and billing practices technical assistance, leading a County Children’s Cabinet, and coordination with Promise Neighborhoods lead organizations and agencies. (3) A county offices of education that receives funds pursuant to this subdivision shall do all of the following: (A) Support local educational agency planning and use of pupil and campus data consistent with the guidance of the System of Support Equity Leads, and the state transformational assistance center, for integrating community school, expanded learning, early childhood education, county behavioral health, educator professional development, and other state-funded initiatives integral to the pillars of a community school approach as described in subdivision (b) of Section 8901 and the California Community Schools Partnership Framework described in Section 8901.5, which may be part of the qualifying entity’s local control and accountability plan process pursuant to Section 47606.5, 52060, or 52066, as applicable. (B) Facilitate professional development and continuous improvement practices, consistent with the Transformational Assistance network, including, but not limited to, communities of practice. (C) Provide fiscal and programmatic reports to the department as requested, regarding the implementation status and needs of local educational agencies in the county. (D) Coordinate internally with other county offices of education and other county programs and services that can uplift and support the whole child, with the overall goal of moving towards fully integrating county-level community schools implementation supports and services into the larger statewide system of support by embedding these supports and services within the county’s universal and targeted assistance approach once one-time coordination grants conclude. (4) As a condition of receiving funding pursuant to this subdivision, a county office of education shall adhere to the County Coordination key practices consistent with the Community Schools framework, and provide the annual reporting required by the department and the state transformational assistance center. (e) As a condition of receiving funding pursuant to paragraph (1) of subdivision (c), a local educational agency shall maintain its community schools pursuant to the Community Schools framework and criteria developed by the transformational assistance structure in partnership with education interestholders, consistent with all of the following: (1) (A) A local educational agency with schoolsites that are new to the community schools model may use up to two years of its initial apportionment funds to conduct the planning needed to develop a community schools implementation plan pursuant to subparagraph (C) paragraph (2). Upon the conclusion of this 24 month planning period, the local educational agency shall be required to provide the implementation plan to department and move into the implementation phase. (B) Funds for planning shall be used to support any of the following: (i) Staffing costs for a community school coordinator. (ii) Conducting a comprehensive school and community needs and asset assessment, including, but not limited to, pupil and community demographics, school climate, integrated support services, expanded learning time, educator, family, pupil, and community engagement, new or existing partnerships with governmental entities or community-based organizations, and available funding sources. (iii) Grant application support, service billing development, and other administrative costs necessary to launch a community school model at scale. (iv) Partnership development and coordination support between the grantee and cooperating agencies, including, but not limited to, a Promise Neighborhood lead agency. (v) Providing training and support to local educational agency and cooperating agency personnel to develop best practices for integrating instruction and pupil supports. (vi) Preparing a community school implementation plan for submission to the governing board or body of the local educational agency and to the department. (vii) Up to 10 percent of the annual allocation may be used by the local education agency for agency-wide planning and support needs, consistent with the Community Schools framework, and as a network lead for multiple eligible schoolsites located in a Promise Neighborhood. (viii) Providing professional development and strengthening instruction through project-based and experiential learning. (ix) Implementing social-emotional learning and restorative practices. (x) Strengthening behavioral health care supports, including, but not limited to, implementation of the Children and Youth Behavioral Health Initiative Fee Schedule pursuant to Section 5961.4 of the Welfare and Institutions Code. (xi) Leveraging partnerships to facilitate the whole-child inventory and integrated supports for pupils and schoolsite staff. (xii) Supporting secondary community school redesign. (C) A local educational agency that has not provided the department with a satisfactory implementation plan for an eligible schoolsite, as required pursuant to subparagraph (C) of paragraph (2), within 24 months of initial apportionment, shall have the apportionment for that eligible schoolsite subtracted by the department in the subsequent fiscal year. (2) A local educational agency that has completed planning and is in the implementation phase shall be required to meet the following requirements annually commencing with its first year of implementation: (A) Ensure that each funded schoolsite has convened a shared decisionmaking team or council that includes pupils, families, community partners, and educators. (B) Support each schoolsite’s shared decisionmaking team or council in developing a schoolsite community school implementation plan that the shared decisionmaking team or council annually presents to its schoolsite. (C) Provide the department with an implementation plan that was submitted to the governing board or body of the local educational agency. The implementation plan shall include all of the following details: (i) The prior year’s program and expenditure data and pupil outcomes if applicable. (ii) A description of how the local educational agency’s approach to community schools aligns with the Community School framework. (iii) A description of how the local educational agency’s approach engages in collaborative leadership with pupils, families, educators, and community partners. (iv) A description of how the local educational agency’s approach expands services to pupils and leverages and braids funds from existing state initiatives, including, but not limited to, the Expanded Learning Opportunities Program, the Children and Youth Behavioral Health Initiative Fee Schedule program, universal school meals program, California State Preschool Program, and universal transitional kindergarten. (v) A description of how the local educational agency’s approach assesses technical assistance needs and identifies a plan to address those needs, which may include a local community of practice and connecting to state-led technical assistance opportunities and resources; and a plan for the school year. (vi) Each eligible schoolsite’s community schools implementation plan. (D) Annually report and publicly present its community schools implementation plan at a meeting of the governing board or body of the local educational agency. The local educational agency shall publicly post its community schools implementation plan on the local educational agency’s and the schoolsites’ internet websites. (E) A local educational agency with an Expanded Learning Opportunities Program allocation or an After School Education and Safety Program grant may submit those programs’ respective implementation plans as part of its community school implementation plan. (F) (i) Submit an annual progress report that includes an attestation that their community schoolsites are providing wraparound supports to pupils and is implementing community schools in accordance with the California Community Schools Framework as adopted by the state board. The technical assistance structure shall utilize the annual progress report to provide support to local educational agencies and schoolsites on implementation and continuous improvement of their community schools models. (ii) The annual progress report requirements, including the attestation of the community school’s commitment to the framework, shall be developed by the state transformational assistance center in collaboration with the department and education interestholders. The annual progress report shall be aligned and consistent with the Community Schools framework and the annual progress report required for recipients of the one-time implementation grants pursuant to Section 8902 to the extent feasible. A local educational agency that received one-time implementation grants may submit the existing annual progress report to fulfill the requirement for the duration of its grant period pursuant to Section 8902. (3) As a condition of receiving funding pursuant to paragraph (1) of subdivision (c), a local educational agency shall commit to providing program and expenditure data to the department, as specified by the department, and participating in program evaluation and improvement efforts. (4) (A) It is the intent of the Legislature that, beginning in the 2031–32 fiscal year, a local educational agency’s schoolsites will be required to participate in a seven-year certification process conducted by an external certification entity and managed through the state transformational assistance center to ensure quality community school models are implemented with fidelity. Only schoolsites that are certified through this process shall be eligible to receive ongoing community schools funding under paragraph (1) of subdivision (c). (B) A local educational agency’s apportionment generated for a schoolsite that loses its certification may be deemed ineligible to continue receiving an apportionment for that schoolsite, subject to the determination of the department. If a schoolsite loses its certification, the local educational agency may continue receiving a community schools apportionment for that schoolsite until the schoolsite’s current certification period expires. A local educational agency shall not receive renewed funding for an uncertified schoolsite until the schoolsite meets certification standards again. (C) A local educational agency that is interested in establishing a new community school at, or renewing funding for, an eligible schoolsite shall have an opportunity to submit a request to be considered for funding during regular intervals. The details for the requests, including deadlines and timing of the intervals and approval, shall be determined by the department in collaboration with the transformational assistance centers and education interestholders. (f) A local educational agency may retain up to 10 percent of the total funds awarded pursuant to paragraph (1) of subdivision (c) for its eligible schoolsites each fiscal year. These funds shall be used to administer community schools established at eligible schoolsites, manage professional learning and networking, and coordinate services and funding streams for community schools under the local educational agency with eligible schoolsites. Funds retained by the local educational agency to provide direct services to pupils may be retained separately from this administrative set-aside. (g) A local educational agency receiving funding under paragraph (1) of subdivision (c) shall commit to communicating and collaborating with the transformational assistance centers, as often as the transformational assistance centers may reasonably require, to discuss the implementation of community schoolsites, potential challenges facing the local educational agency during implementation, and best practices that can be shared with peer community schoolsites. (h) A local educational agency that receives funds under paragraph (1) of subdivision (c) for an eligible schoolsite that has closed, as reported pursuant to paragraph (2) of subdivision (f) of Section 60900, shall return any unspent funds received for that closed schoolsite to the department. The local educational agency shall report the total amount of unspent funds in accordance with instructions and forms prescribed and furnished by the department. Any returned funds that are not reallocated shall revert to the General Fund. (i) If funds appropriated for the purpose of this section remain after all apportionments pursuant to subdivisions (b) and (c) have been made, the balance that exceeds that amount shall revert to the General Fund by June 30 of each year. (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year for which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year for which the appropriation is made. (Added by Stats. 2026, Ch. 65, Sec. 19. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8950. Source version: id_cd32b3c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= The Legislature finds and declares that the arts and entertainment industries constitute the third largest business sector in the state, and that it is within the interests of the people of the state to preserve the artistic and economic benefits which are derived from these major industries through the establishment of a multidisciplinary arts training program which will enable artistically gifted and talented students to receive intensive training in the arts. It is the intent of the Legislature that the California State Summer School for the Arts be established to provide a training ground for future artists who may wish to study and practice the arts, or to pursue careers in the major performing arts companies and the commercial and fine arts institutions in California. (Amended by Stats. 1985, Ch. 1131, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8951. Source version: id_cd32b3c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= As used in this chapter, “arts” includes, but is not limited to, all of the following: dance; theatre; music; folk art; creative writing; visual arts, including painting, sculpture, photography, and craft arts; design, including graphic arts, computer graphics, and costume design; film; and video. (Amended by Stats. 2001, Ch. 734, Sec. 6. Effective October 11, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8952.5. Source version: id_cd32b3c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= (a) The California State Summer School for the Arts shall be governed by a 15-member board of trustees, to be known as the Trustees of the California State Summer School for the Arts. The membership of the board shall be broadly representative of the cultural, ethnic, and geographic diversity of the state, and shall be composed of artists, arts educators, university professors and administrators, arts administrators, representatives of foundations, corporations, and commercial arts industries, and other distinguished citizens of the state. (b) The membership of the board of trustees shall be as follows: (1) Four members appointed by the Governor. (2) One member appointed by the Speaker of the Assembly. (3) One member appointed by the Senate Committee on Rules. (4) Two members appointed by the State Board of Education, one of whom shall be a current member of the State Board of Education. (5) One member appointed by the California Arts Council, who shall be a current member of the council. (6) One member appointed by the Trustees of the California State University. (7) One member appointed by the Regents of the University of California. (8) Four members appointed by the governing board of the nonprofit foundation established pursuant to subdivision (f) of Section 8953.5, who shall be the president of the foundation, another officer of the foundation, a member of the governing body of the foundation, and one other person who is a member of the governing body of the foundation, has a prior relationship with the foundation, or has otherwise exhibited a continuing interest in the foundation or in the California State Summer School for the Arts. (c) Each appointment shall be for a term of three years, and each member shall be eligible for reappointment. (d) The board of trustees annually shall select a chairperson and vice chairperson, and annually shall hold not less than four meetings. (Amended by Stats. 1991, Ch. 1091, Sec. 19.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8953. Source version: id_cd32b3c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= The board of trustees shall adopt rules and regulations governing fees, applications, auditions, and admission procedures for the California State Summer School for the Arts, and any other procedure or operation necessary to implement the requirements of this chapter. The rules and regulations shall include, but not be limited to, all of the following: (a) The requirement that pupils admitted to the California State Summer School for the Arts be broadly representative of the socioeconomic and ethnic diversity of the state. (b) In order to be eligible for admission to the summer school, a pupil shall meet one of the following criteria: (1) The pupil graduated, or will graduate, from junior high school at the end of the school year immediately preceding the summer school session for which he or she is applying. (2) The pupil is currently enrolled in any of the grades 9 through 12. (3) The pupil graduated from high school during the school year immediately preceding the summer school session for which he or she is applying. (c) A pupil’s participation in the summer school shall not be credited toward the pupil’s completion of the course of study prescribed for graduation from high school, unless the pupil’s regular school of attendance tenders payment, no later than the last day of the summer school session, for all application and other fees and expenses charged to the pupil of a kind that would not be charged to a pupil enrolled in the public school system. (Amended by Stats. 1985, Ch. 1131, Sec. 5.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8953.3. Source version: id_cd343a69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= (a) The Legislature finds and declares that the admission of out-of-state pupils to the California State Summer School for the Arts will enhance the national and international standing of the pupils who attend the summer school, and increase the revenues to the school from both tuition and contributions. (b) Pursuant to the eligibility criteria set forth in subdivision (b) of Section 8953, pupils who are not California residents, including residents of other countries, may be admitted to the summer school, not to exceed in any year 20 pupils or five percent of the total pupil population of the summer school, whichever is less. No admission under this subdivision shall result in the denial of admission under this chapter to a California resident who is eligible for that admission and satisfies applicable artistic qualifications for admission. (Added by Stats. 1992, Ch. 193, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8953.5. Source version: id_cd343a6b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= The board of trustees shall do all of the following: (a) Provide for the operation and governance of the California State Summer School for the Arts. (b) Appoint a person to fill the full-time, permanent, exempt position of Director of the California State Summer School for the Arts. The director shall employ two assistants, one for program and one for administration, and any other necessary staff. (c) Develop a statewide application and audition procedure. The procedure shall be implemented with the cooperation of the appropriate state and local agencies, including, but not limited to, school districts, the California State University, and the California Community Colleges. The cost of the application and audition process shall be at least partially offset by charging each applicant a fee not to exceed twenty dollars ($20). Applicants who are unable to pay the fee shall petition the State Department of Education for a waiver, which shall be granted or denied pursuant to the rules and regulations adopted pursuant to Section 8953. (d) Maintain an advisory committee or committees to assist the board in administering the summer school. (e) Develop the curriculum of the summer school. (f) Establish a nonprofit foundation to develop and receive private support for the summer school. (g) Establish a permanent endowment fund for the summer school. (h) Exercise any other powers necessary to carry out the purposes of this chapter. (Added by Stats. 1985, Ch. 1131, Sec. 6.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8953.7. Source version: id_cd343a6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= The State Department of Education shall assist the California State Summer School for the Arts by providing the following services: (a) The development and administration of a process for the waiver of registration or program fees pursuant to this chapter. (b) The distribution to all school districts in the state of notices and guidelines that describe the application procedure, site of the summer school, cost of participation, criteria for admission, and other pertinent information regarding the summer school. (Added by Stats. 1985, Ch. 1131, Sec. 7.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8954. Source version: id_cd343a6f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= The period of instruction for the California State Summer School for the Arts shall be not less than four weeks and no more than six weeks in length. This section shall not be construed to prohibit holding two sessions per year, provided that the summer school shall commence no earlier than one week following the end of the regular school year, and shall be concluded no later than one week prior to the commencement of the next regular school year. The faculty of the school shall be comprised of both arts educators and professional artists. (Amended by Stats. 1985, Ch. 1131, Sec. 8.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8955. Source version: id_cd343a71-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= (a) The faculty of the California State Summer School for the Arts shall be annually selected, subject to the final approval of the director of the school, by the board of trustees, upon consultation with a faculty selection panel convened by the board for that purpose. The faculty selection panel shall be composed of professional artists and arts educators, selected to be broadly representative of the schools, institutions, arts organizations, artists, colleges, and universities located throughout the state. Members of the board of trustees may serve on the faculty selection panel, but shall comprise no more than one-third of any faculty selection panel. (b) The faculty shall be comprised of professional artists and arts educators, and shall not be restricted to members of the current faculty of the host institution. The faculty shall be selected to be broadly representative of the socioeconomic and ethnic diversity of the state. Each faculty member shall be chosen for his or her excellence in artistic production, direction, or teaching ability. Notwithstanding any other provision of law, the faculty shall not be subject to credentialing requirements or any other restrictions upon eligibility for employment generally applicable to public school instructors, except for the requirement of obtaining a certificate of clearance from the Commission on Teacher Credentialing pursuant to Sections 44332.5, 44339, 44340, and 44341. (c) The members of the faculty shall be paid on a contractual basis and shall not be considered as state employees. (Repealed and added by Stats. 1985, Ch. 1131, Sec. 10.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8956. Source version: id_cd343a73-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= (a) The site for the California State Summer School for the Arts shall be chosen for one year or on a multiyear basis to be determined by the board of trustees by the cost effectiveness of the proposals submitted to the board through a competitive request for proposal procedure. The criteria for selection shall include, but not be limited to, all of the following: (1) Space requirements of the summer school, including residential space and appropriate facilities for all artistic disciplines offered by the summer school. (2) Technical, administrative, and support services available to the summer school, submitted with an appropriate budget designating donated services and the costs to the summer school of having other services provided. (3) Materials, supplies, and equipment available for the exclusive use of the summer school. Materials or equipment which may be used by the host institution during its regular sessions either shall be purchased by the host institution, which may charge the summer school a rental fee for the use of the materials or equipment, or purchased by the summer school, which shall charge the host institution a rental fee for the use of the materials or equipment during the institution’s regular sessions. (4) Operating funds and in-kind services. (b) Private institutions, colleges, and universities, appropriate privately owned and operated facilities, and state facilities, including, but not limited to, facilities of the California State University and the University of California, may be used as the site for the summer school. A regional consortium of campuses and adjacent cultural centers operated by nonprofit organizations may be considered as a single site in the selection process. (Amended by Stats. 1988, Ch. 1515, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 7. California State Summer School for the Arts [8950 - 8957] SECTION 8957. Source version: id_cd35c115-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=7.&article= (a) It is the intent of the Legislature that at least 50 percent, but not more than 75 percent, of the actual costs of the California State Summer School for the Arts (CSSSA) for each fiscal year be financed by state funds. The balance of the operating costs shall be financed with fees and private support. (b) The board of trustees shall set a tuition fee within a range that corresponds to actual costs to the summer school of services per pupil, up to but not exceeding one thousand dollars ($1,000) per session in 1989. These costs shall be limited to tuition, pupil recruitment expenses, faculty and instructional supplies and related equipment, pupil room and board, and security. The amount of this fee may be increased by the board of trustees up to a 5-percent increase each year thereafter. To the extent that fees are not increased as authorized in any year, the board of trustees may increase fees in any subsequent year up to the maximum amount that would have existed if the fees had been increased 5 percent in each year. (c) The board of trustees may award full or partial scholarships on the basis of need and ability. Pupils who are unable to pay all or part of the fee may petition the board of trustees for a fee reduction or waiver. The department, in conjunction with the board of trustees, shall promulgate rules and regulations regarding fee reduction and waivers, which shall ensure all of the following: (1) That, to the degree scholarship funds are available, no talented applicant shall be denied admission solely because of inability to pay all or part of the fee. (2) That any public announcement regarding the summer school program include notification that full scholarships are available, and information regarding the procedure for applying for a scholarship award. (3) That, pursuant to Section 8953, pupil participation in the summer school program is broadly representative of the socioeconomic and ethnic diversity of the state. (4) That the percentage of low income pupils attending the CSSSA is not reduced below the average percentage of low income pupils attending the CSSSA in the prior two years, as a result of any fee increase approved pursuant to subdivision (b). (d) Subdivision (b) applies only to pupils who are California residents. For pupils who are not California residents, the board of trustees annually shall set a tuition fee that is not less than the total actual costs to the summer school of services per pupil. The total actual costs of services per pupil shall be computed each year for this purpose by dividing the amount of school expenditures for the prior fiscal year by the total pupil population for the prior year. (e) The Foundation for the California State Summer School for the Arts, which has been established as a nonprofit foundation to support the CSSSA, may raise funds from the private sector that may be used by the summer school for general program operating costs, scholarships, program augmentation, public relations, recruitment activity, or special projects. Private support may include, but not be limited to, direct grants to the summer school from private corporations or foundations, individual contributions, in-kind contributions, or fundraising benefits conducted by any entity. (f) The board of trustees shall report annually by October 1, to the Governor, the Legislature, and the Department of Finance, the percentages and numbers of pupils that receive each of the following: (1) Scholarships. (2) A waiver of all fees. (3) A reduction of fees. (4) Data comparable to that required by paragraphs (1), (2), and (3) for the prior three years. (Amended by Stats. 2003, Ch. 573, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 8. Early Primary Programs [8970 - 8974] SECTION 8970. Source version: id_cd3747b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=8.&article= The Legislature hereby finds and declares all of the following: (a) The Superintendent of Public Instruction convened a Task Force on School Readiness that prepared a report which included the following findings and recommendations: (1) Preschool and kindergarten programs have become more academically oriented with an emphasis on paper and pencil “seat work” and a decreased emphasis on other essential age-appropriate curricular elements such as language development; familiarity with stories, music, and oral language experiences; artistic exploration; social interaction; and large muscle development. (2) Assessment tests of questionable validity and reliability are being used to delay children’s entrance to kindergarten or to place them in a two-year kindergarten. (3) An appropriate, integrated experiential curriculum should be provided for children in preschool, kindergarten, and grades 1 to 3, inclusive. (4) Programs should meet the special needs of our culturally and linguistically diverse pupils as well as the needs of exceptional children. (5) Classroom organization and teaching methods should reflect the heterogeneous skills and abilities of children in early primary programs. (6) School districts should be encouraged to develop communication about linkages between programs for four-year-olds, early primary programs, and the primary and intermediate grades of elementary schools. (7) The staff of early primary programs should receive appropriate education, training, and remuneration. (8) Programs should be offered full-day and also should provide before- and after-school care. (9) Assessment methods of children in early primary programs should be drastically altered. (10) Parental involvement should be encouraged. (11) A public awareness campaign should be launched describing appropriate learning practices for children in preschool, kindergarten, and grades 1 to 3, inclusive. (b) The Superintendent of Public Instruction issued a Triennial Report on Publicly Funded Child Development Programs that documents the increasing numbers of low-income families eligible but unserved by limited preschool and child care funds, and that presents policy implications for staffing and funding issues. (c) National studies show future benefits of early intervention programs to society and immediate advantages to California employers in the form of reduced absenteeism, improved worker morale, and increased productivity. (d) It is the intent of the Legislature that activities initiated as a result of this chapter shall continue without regard to fiscal year depending, when necessary, on continued funding. (e) It is the intent of the Legislature that school districts that establish an early primary program coordinate that program, whenever possible, with the Demonstration in Restructuring of Public Education program, established pursuant to Chapter 9 (commencing with Section 58900) of Part 31 and, where applicable, with the county interagency children’s services coordinating council, established pursuant to Article 2 (commencing with Section 18986.10) of Chapter 12.8 of Part 6 of Division 9 of the Welfare and Institutions Code. (Added by Stats. 1992, Ch. 1082, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 8. Early Primary Programs [8970 - 8974] SECTION 8971. Source version: id_911be2a4-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=8.&article= As used in this chapter, the following terms shall have the following meanings: (a) “Child development program” means a full-day or part-day comprehensive developmental program for children ages 0 to 14 years that is administered by the State Department of Education. (b) “Early primary program” means an integrated, experiential, and developmentally appropriate educational program for children in preschool, kindergarten, and grades 1 to 3, inclusive, that incorporates various instructional strategies and authentic assessment practices, including educationally appropriate curricula, heterogeneous groupings, active learning activities, oral language development, small group instruction, peer interaction, use of concrete manipulative materials in the classroom, planned articulation among preschool, kindergarten, and primary grades, and parent involvement and education. (c) “Integrated, experiential, and developmentally appropriate educational program” means a program that is designed around the abilities and interests of the children in the program and one in which children learn about the various subjects simultaneously, as opposed to segmented courses, and through “hands-on” or “active learning” teaching methods that are more appropriate for young children than the academic “textbook” approach. (d) “Preschool program” means a comprehensive developmental program for children who are too young to enroll in kindergarten. (e) “Portfolio material” means a selection of representative samples of the child’s performance within the program setting that may include, but not be limited to, teacher observations, work samples, developmental profiles, photographs, and audio or video recordings that present a picture of the child’s progress over time. (f) “School district” includes county offices of education. (g) “State preschool program” means a part-day comprehensive developmental program for children three to five years of age from low-income families, administered by the State Department of Education. (Amended by Stats. 2010, Ch. 328, Sec. 35. (SB 1330) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 8. Early Primary Programs [8970 - 8974] SECTION 8972. Source version: id_cd3747bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=8.&article= (a) The governing board of any school district may establish an early primary program consisting of same-age pupils or any combination of state preschool or child development program, kindergarten, first, second, or third grade pupils, based on an integrated, experiential, and developmentally appropriate educational program. Parent education and parent involvement shall be an integral part of the program. (b) Observation of a child over time and the use of portfolio material shall be the primary sources of assessment information for making curricular decisions in early primary programs. (c) Standardized assessment tests may be used for diagnostic purposes only, provided those tests have been demonstrated to be nonbiased, valid, and reliable. These tests shall not be used to deny admission. (Added by Stats. 1992, Ch. 1082, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 8. Early Primary Programs [8970 - 8974] SECTION 8973. Source version: id_cd3747bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=8.&article= Notwithstanding any other provision of law, the kindergarten schoolday in an early primary program conducted pursuant to Section 8972 may exceed four hours, exclusive of recesses, provided that both of the following conditions are met: (a) The governing board of a school district declares that the extended-day kindergarten program does not exceed the length of the primary schoolday. (b) The extended-day kindergarten program takes into account ample opportunity for both active and quiet activities within an integrated, experiential, and developmentally appropriate educational program. (Added by Stats. 1992, Ch. 1082, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] CHAPTER 8. Early Primary Programs [8970 - 8974] SECTION 8974. Source version: id_cd3747c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=6.&chapter=8.&article= School districts with early primary programs shall provide educational continuity from preschool through kindergarten and grades 1 to 3, inclusive, by accomplishing the following: (a) Establish connections with public preschool programs, including state preschool, state child development, and federal Head Start programs, to establish a more effective transition of children from preschool to kindergarten. (b) Promote connections among early primary programs that provide before- and after-school services. (c) Promote joint activities for teachers and administrators of public preschool programs, including state preschool, state child development, and federal Head Start, and kindergarten and grades 1 to 3, inclusive, in areas such as program planning and staff development training related to developmentally appropriate curriculum and assessment practices for young children. (Added by Stats. 1992, Ch. 1082, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ARTICLE 1. Schools—California State University [10000 - 10003] SECTION 10000. Source version: id_cd437ceb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=1.&article=1. (a) Notwithstanding any other provision of law, the Trustees of the California State University and any school district or community college district may enter into an agreement for the exchange of personnel between the state university and the district. (b) The governing board of any school district, or community college district, a county board of education, or the State Department of Education may execute a contract with any California teacher-training institution whereby certificated personnel of the school district, county, or the State Department of Education may be assigned to the teacher-training institution for full-time or part-time duty for a period not to exceed one year. (c) Any teacher-training institution in California may execute a contract with the governing board of any school district, or community college district, a county board of education, or the State Board of Education whereby certificated personnel of the institution may be assigned to school districts, community college districts, county boards of education, or the State Department of Education for full-time or part-time duty for a period not to exceed one year. (d) Any such contract shall provide for the payment, by the entity to which a person is assigned to the employer, of a sum equivalent to the salary and other employment costs of the employee. In place of that payment, the contract may provide for the exchange of certificated personnel between the district, county, or State Department of Education and the teacher-training institution. Any such employee shall retain his or her status as an employee of the school district, community college district, county, State Department of Education, or teacher-training institution from which he or she is assigned in all respects during the period of the assignment. (Amended by Stats. 1987, Ch. 1452, Sec. 71.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ARTICLE 1. Schools—California State University [10000 - 10003] SECTION 10001. Source version: id_cd45038d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=1.&article=1. An agreement authorized by Section 10000 shall provide that an employee of the California State University engaged in teacher training may assume the duties of one of the certificated employees of the district engaged in classroom teaching, and that the certificated employee of the district may assume the duties of the state university employee engaged in teacher training. (Amended by Stats. 1983, Ch. 143, Sec. 7.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ARTICLE 1. Schools—California State University [10000 - 10003] SECTION 10003. Source version: id_cd45038f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=1.&article=1. During such time as an employee has assumed duties in another entity, pursuant to this chapter, he or she shall continue to be an employee of the California State University, the school district, or the community college district, as the case may be, for all purposes, including, but not limited to, salary, membership in a retirement system, tenure rights, and all other incidents of employment. (Amended by Stats. 1983, Ch. 143, Sec. 8.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 1. Exchange of Teaching Personnel [10000 - 10020] ARTICLE 3. Teacher Aides [10020- 10020.] SECTION 10020. Source version: id_cd450393-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=1.&article=3. Nothing in this chapter shall be construed as preventing school districts from hiring, employing, or otherwise using teacher aides, instructional aides, or teacher-assistants under the terms of existing law and financial support formulas. The commission may study the various roles of such paraprofessionals. Public and private colleges, universities, and community colleges may develop cooperative programs with school districts or school governing boards to place undergraduate and graduate students in public and private classrooms as teacher aides or assistants. Such assignment may be, at the discretion of the institution, the basis for securing college credit. A certificate to serve as a temporary teacher-assistant shall be issued, by the county superintendent of schools of the county in which service is to be rendered, to the holder of a recommendation from an accredited college, university, or community college. The certificate shall authorize the holder to serve as a teacher-assistant. No such certificate shall be granted for a period exceeding two years. The teacher-assistant certificate shall not be used in lieu of a teaching credential. The holder of such a certificate shall work under the immediate supervision of a credentialed classroom teacher to whom the teacher-assistant is assigned, who shall be present in the classroom while the teacher-assistant is performing his or her classroom duties or who shall be available at all times to provide guidance and direction to the teacher-assistant. (Amended by Stats. 1994, Ch. 840, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10900. Source version: id_cd607b1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The purposes of this chapter are: (a) To promote and preserve the health and general welfare of the people of the state and to cultivate the development of good citizenship by provision for adequate programs of community recreation. (b) To authorize public corporations or districts having powers to provide recreation, cities, counties, cities and counties, and school districts to organize, promote, and conduct programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of the state. (Amended by Stats. 1990, Ch. 1372, Sec. 89.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10900.5. Source version: id_cd607b1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= Notwithstanding the provisions of this chapter, school districts which, prior to the effective date of this section, have interpreted their authority as permitting the use of school buses by nonprofit organizations for purposes consistent with community recreation may continue to permit this use under established practices, policies, and procedures. (Added by Stats. 1983, Ch. 341, Sec. 1. Effective July 25, 1983.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10901. Source version: id_cd607b21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The following terms, wherever used or referred to in this chapter have the following meanings, respectively, unless a different meaning clearly appears from the context: (a) “Public authority” means any city of any class, city and county, county of any class, public corporation or district having powers to provide recreation, or school district in the state. (b) “Governing body” means, in the case of a city, the city council, municipal council, or common council; in the case of a county or city and county, the board of supervisors; in the case of a public corporation or district, the governing board of the public corporation or district; and in the case of a school district, the governing board of the school district. (c) “Recreation” means any activity, voluntarily engaged in, which contributes to the physical, mental, or moral development of the individual or group participating therein, and includes any activity in the fields of visual and performing arts, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any of them, and any informal play incorporating any such activity. (d) “Community recreation” and “public recreation” mean the recreation as may be engaged in under direct control of a public authority, or any camping or outdoor recreation activity which is (1) sponsored by a nonprofit organization, (2) for the benefit of disadvantaged or handicapped schoolage children, and (3) in a county with a population less than or equal to 45,000 according to the most recent federal census. (e) “Nonprofit organization” means those nonprofit organizations which, as determined by the governing board of the school district, are unable to pay for the private transportation of disadvantaged or handicapped schoolage children to recreation activities. (f) “Recreation center” means a place, structure, area, or other facility under the jurisdiction of a governing body of a public authority used for community recreation whether or not it may be used primarily for other purposes, playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, gymnasiums, auditoriums, libraries, parks adjacent to school sites, recreational community gardens, rooms for arts and crafts, camps, and meeting places. Playgrounds, outdoor playing fields or courts, swimming pools, and camps, with necessary equipment and appurtenances for their operation, under the jurisdiction of a governing board of a public authority used for community recreation shall be considered recreation centers within the meaning of this chapter whether or not they may be used primarily for other purposes. (Amended by Stats. 2001, Ch. 734, Sec. 7. Effective October 11, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10902. Source version: id_cd607b23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The governing body of every public authority may do all of the following: (a) Organize, promote, and conduct programs of community recreation. (b) Establish systems of playgrounds and recreation. (c) Acquire, construct, improve, maintain, and operate recreation centers within or without the territorial limits of the public authority. No events for which an admission price is charged shall be held pursuant to this chapter, except amateur athletic contests, demonstrations, or exhibits and other educational events. (Amended by Stats. 1987, Ch. 1452, Sec. 76.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10902.5. Source version: id_cd607b25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= Any individual who willfully, and without just cause, interferes with or disrupts the recreational activities of individuals, groups, or entities granted the use of a recreation center by a governing body is guilty of an infraction, and shall be punished by a fine of not more than two hundred dollars ($200). (Added by Stats. 1984, Ch. 422, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10903. Source version: id_cd6201c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= Upon the transfer of duties and functions of the county board of supervisors to the county board of education, the county board of supervisors may provide by agreement with the county board of education that the county board of education will perform all or any portion of the duties and functions of the county under this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10904. Source version: id_cd6201c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= A public authority may permit the use of a recreation center or facility by parent cooperative nursery groups on a nonexclusive and nondiscriminatory basis when such use does not unreasonably impair or interfere with the right of the public to use the center or facility. As used in this section, a “parent cooperative nursery group” means a group of parents who (1) are licensed by a state agency; (2) on a nonprofit basis; (3) to provide recreation for their preschool age children; (4) on a nondiscriminatory basis. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10905. Source version: id_cd6201cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The governing body of any public authority may cooperate with the federal government or any department thereof, and the governing bodies of any two or more public authorities may cooperate with each other or with the federal government or any department thereof to carry out the purposes of this chapter, and to that end may enter into agreements with each other, and may do any and all things necessary or convenient to aid and cooperate in carrying out the purposes of this chapter, or to establish, improve or maintain campgrounds or other recreation facilities under the control of the federal government or any department thereof. The governing bodies of any two or more public authorities having jurisdiction over any of the same territory or over contiguous territories may jointly establish a system or systems of recreation, and may jointly do any act which either is authorized to do under Section 10903. Nothing in this chapter shall be construed to prohibit any joint or cooperative action authorized by this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10906. Source version: id_cd6201cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The governing board of any union high school district located in a county of the third class which had an average daily attendance during the 1971–72 school year of between 17,500 and 18,500, and which, during the 1971–72 school year, had a modified assessed valuation per pupil of between twenty-one thousand dollars ($21,000) and twenty-three thousand dollars ($23,000), may cooperate with community nonprofit associations and corporations to carry out the purposes of this chapter including the acquisition, construction, improvement, maintenance, and operation of recreation centers within the territorial limits of and under the control of the governing board, and may enter into agreements with such nonprofit associations and corporations to share the costs of acquiring, constructing, improving, maintaining, and operating such recreation centers located on the property of the school district, provided that the board does not agree to contribute more than one-half the total cost of any one project. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10907. Source version: id_cd6201cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The governing body of any public authority other than a school district may designate any already existing board, officer, or employee of the public authority to exercise the powers granted by this chapter to carry out the purposes of this chapter, or may provide for the appointment of a board of recreation commissioners to exercise these powers. A school district may appoint one or more members of the board of trustees, officers or employees, to represent the district on a board of recreation commissioners. (Amended by Stats. 1990, Ch. 1372, Sec. 91.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10908. Source version: id_cd6201d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The board of recreation commissioners shall consist of either five members or seven members, as determined by the governing body or bodies providing for its appointment, who shall serve with or without compensation at the discretion of the governing body. If compensation is authorized by the governing body it shall not exceed twenty-five dollars ($25) per meeting for not more than one meeting of the commission in any one calendar month. The governing body may provide that the members of the commission shall receive their actual and necessary traveling expenses to and from the place of meeting of the commission and while traveling in connection with the business of the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10909. Source version: id_cd638773-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The board of recreation commissioners in each public authority, or the board, officer, or employee of the authority designated to exercise the powers, shall exercise such powers and perform such duties, pursuant to this chapter, as the governing body of the public authority may prescribe. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10910. Source version: id_cd638775-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The governing body of any school district may use the buildings, grounds, and equipment of the district, or any of them, to carry out the purposes of this chapter, or may grant the use of any building, grounds, or equipment of the district to any other public authority for the purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Nothing in this section is intended to repeal any provision of, or to restrict or otherwise affect the use of school buildings under Sections 40040 to 40058, inclusive. (Amended by Stats. 1990, Ch. 1372, Sec. 92.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10911. Source version: id_cd638777-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= Every public authority may appoint, prescribe the duties of, and provide for the compensation and necessary expenses of such recreational directors, supervisors, custodians, assistants, deputies, and other employees as it deems reasonably necessary for carrying out the provisions and purposes of this chapter. Only persons employed in positions requiring certification qualifications shall be paid out of funds set aside for the payment of teachers’ salaries. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10911.5. Source version: id_cd638779-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= (a) Commencing with January 1, 1993, every public recreation program employer shall require each employee having direct contact with minors to immediately submit, or in the case of a new employee, to submit on or before the first day of his or her employment, one set of fingerprints to the Department of Justice. This requirement is a condition of employment. (b) For the purposes of this section “public recreation program employer” means a public recreation program that is exempt from licensure pursuant to subdivision (g) of Section 1596.792 of the Health and Safety Code. (c) The Department of Justice shall furnish a criminal record summary to the public recreation program employer designated by an employee submitting fingerprints pursuant to subdivision (a). The criminal record summary shall contain only arrests resulting in a conviction and arrests pending final adjudication. The criminal record summary furnished to the public recreation program employer shall be maintained by the public recreation program employer in a secured file separate from personnel files. (d) The Department of Justice may charge each applicant for a criminal record summary a reasonable fee to cover costs associated with the processing of the criminal record summary. In no event shall the fee exceed the actual costs incurred by the department. Nothing in this section prohibits the public recreation employer from paying the applicant charge or reimbursing the charge to the employee. (Added by Stats. 1992, Ch. 1097, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10912. Source version: id_cd63877b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The governing body of a school district may require persons, other than students, or organizations desiring to use the recreational facilities on school grounds or belonging to a school or the facilities provided by the district at a community recreation center maintained solely by the district to pay fees for the use as the governing body may prescribe. (Amended by Stats. 1990, Ch. 1372, Sec. 93.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10913. Source version: id_cd63877d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The governing body of a school district may require persons or organizations desiring to use schoolbuses belonging to a school to pay fees for the use as the governing body may prescribe. (Amended by Stats. 1990, Ch. 1372, Sec. 94.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10914. Source version: id_cd63877f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= All necessary expenses incurred by the governing body of any school district in carrying out the purposes of this chapter are a charge against the funds of the district from whatever source the funds have been received. All the expenditures shall be made in the same manner as funds are expended for other school purposes. Nothing in this chapter shall be construed to change in any way existing laws regarding the use of school grounds or school buildings by governing boards of school districts, except as specifically provided in this chapter. (Amended by Stats. 1990, Ch. 1372, Sec. 95.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 10. Community Recreation Programs [10900 - 10914.5] SECTION 10914.5. Source version: id_cd650e21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=10.&article= The governing board of any school district may establish accounts for community recreation programs established in the schools of the district, in one or more banks. There shall be no more than one account established by a district for any one school in the district. If one account is established for all of the schools in the district which have community recreation programs, the account shall be known as “The Community Recreation Program Account of (insert name of district) District.” All funds for the community recreation programs, from whatever source such funds are received, shall be placed in the appropriate Community Recreation Program Account established pursuant to this section, and all authorized community recreation expenses shall be paid therefrom. The governing board of the district shall designate an employee or employees of the district to have custody of the account or accounts, who shall be responsible for the payment into the account or accounts of all moneys required to be paid into the account or accounts, and for all expenditures therefrom, subject to such regulations as the governing board prescribes. (Added by Stats. 1981, Ch. 112, Sec. 1. Effective June 29, 1981.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 11. California Academic Partnership Program [11000 - 11007] SECTION 11000. Source version: id_cd650e25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=11.&article= There is hereby established the California Academic Partnership Program, to be administered by the Trustees of the California State University, in cooperation with the Regents of the University of California, the Board of Governors of the California Community Colleges, and the Superintendent of Public Instruction. The purpose of the program shall be to develop cooperative efforts to improve the academic quality of public secondary schools with the objective of improving the preparation of all students for college. Projects funded under the provisions of this chapter may address improvements in secondary school curriculum and the ability of students to benefit from these improvements. Academic partnership projects shall be distributed throughout the state in order to provide schools located in rural, urban, and suburban areas with access to these services. (Amended by Stats. 1984, Ch. 620, Sec. 1. Effective August 15, 1984.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 11. California Academic Partnership Program [11000 - 11007] SECTION 11001. Source version: id_cd650e27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=11.&article= The Chancellor of the California State University shall establish an advisory committee to assist in selecting proposals to be funded and developing criteria for project evaluation. The committee shall be composed of the following members: (a) Two certificated secondary school teachers, including at least one junior high or intermediate school teacher, appointed by the Superintendent of Public Instruction. (b) Two certificated secondary school employees with responsibility for curriculum administration, appointed by the Superintendent of Public Instruction. (c) One director of a regional consortium participating in the California Student Opportunity Access Program established pursuant to Chapter 113 of the Statutes of 1978, appointed by the Student Aid Commission. (d) Two representatives of the California Community Colleges, to be appointed by the Board of Governors of the California Community Colleges, at least one of whom shall be a faculty member. (e) Two representatives of the California State University, to be appointed by the Chancellor of the California State University, at least one of whom shall be a faculty member. (f) Two representatives of the University of California, appointed by the President of the University of California, at least one of whom shall be a faculty member. (g) One representative, appointed by the Director of the California Postsecondary Education Commission. Faculty appointments to the advisory committee shall be made by the appropriate appointing authority through consultation with the faculty senate. (Amended by Stats. 1990, Ch. 1372, Sec. 96.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 11. California Academic Partnership Program [11000 - 11007] SECTION 11002. Source version: id_cd650e29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=11.&article= The advisory committee shall make recommendations regarding all of the following: (a) Development of criteria for awarding grants pursuant to Section 11003. (b) Development of criteria for determining the priority ranking of schools selected to receive assistance under the California Academic Partnership Program. (c) Development of criteria for identifying projects which are ineffective. (d) Development of options identifying additional resources and efforts which promote the objectives of the program. (e) Development of a general policy for cooperative diagnostic testing of secondary students with assessment instruments commonly used by California postsecondary educational institutions. (Amended by Stats. 1984, Ch. 620, Sec. 3. Effective August 15, 1984.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 11. California Academic Partnership Program [11000 - 11007] SECTION 11003. Source version: id_cd6694cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=11.&article= (a) A school district together with a postsecondary educational institution or a consortium of postsecondary educational institutions may submit a joint application to the Chancellor of the California State University for a grant to fund a project intended to improve student performance in secondary schools. The advisory committee shall give consideration to the following, in addition to its own criteria for the recommendation of programs for funding: (1) The inclusion of a comprehensive plan for curricular revision or enhancement and instructional change. (2) The participation of postsecondary campus faculty working as equal partners with secondary school teachers in efforts to improve the academic quality of college preparatory instruction. (3) The provision of activities and services designed to enhance the ability of students to benefit from college preparatory curricula. (4) The provision of in-service training designed to increase college aspirations of students from groups with low participation rates in postsecondary institutions. (5) The inclusion of procedures for the independent evaluation of the program budget. (6) Plans for the participation of more than one secondary school. (7) Plans for the inclusion of intermediate or junior high schools in the project. (8) Plans for the continuation of the project after funding ceases. (b) Upon receipt of an application submitted pursuant to subdivision (a), the Chancellor of the California State University may award a grant to the joint applicants for purposes of funding the proposed project. Each project which receives a grant pursuant to this subdivision shall provide matching funds from existing funds received from federal, state, local, or private sources or budget increases in those funds, with preference to projects which have the strongest demonstrated institutional commitment. Priority shall be given to projects which serve either of the following: (1) Schools and school districts utilizing the provisions of Article 4 (commencing with Section 54700) of Chapter 9 of Part 29. (2) Schools with low student participation in institutions of postsecondary education or with a concentration of students from groups which are underrepresented in postsecondary education, affording priority to those applicants in inverse order of their level of student participation in institutions of postsecondary education authorized to award baccalaureate degrees. (c) The Chancellor of the California State University, with the assistance of the advisory committee established under Section 11001, and with the advice of faculty from appropriate disciplines, shall establish a voluntary cooperative program for the academic assessment of secondary school students in the state. In developing this system, the chancellor shall take steps necessary to ensure that increased uses of assessment instruments assist in all of the following: (1) Reducing the demand for remedial programs at the postsecondary level. (2) Analyzing student readiness for college-level work. (3) Identifying the academic needs of students for secondary school teachers and counselors. (4) Encourage and give priority to schools identified in paragraph (2) of subdivision (b) of Section 11003 for the utilization of these instruments. (Amended by Stats. 1984, Ch. 620, Sec. 4. Effective August 15, 1984.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 11. California Academic Partnership Program [11000 - 11007] SECTION 11005. Source version: id_cd6694cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=11.&article= Based upon evaluations conducted pursuant to former Section 11004, the California Postsecondary Education Commission may identify projects that are ineffective or not cost-effective for termination. Funds made available as a result of that termination shall be reallocated for the awarding of new grants pursuant to Section 11003. (Amended by Stats. 1994, Ch. 922, Sec. 24. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 11. California Academic Partnership Program [11000 - 11007] SECTION 11006. Source version: id_ed382748-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=11.&article= The Trustees of the California State University shall adopt rules and regulations necessary for the effective implementation of this chapter. (Added by Stats. 1983, Ch. 498, Sec. 8. Effective July 28, 1983. Section operative July 1, 1984, pursuant to Section 11007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 11. California Academic Partnership Program [11000 - 11007] SECTION 11007. Source version: id_ed89a2aa-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=11.&article= The provisions of this chapter shall become operative July 1, 1984. (Added by Stats. 1983, Ch. 498, Sec. 8. Effective July 28, 1983. Note: This section prescribes a delayed operative date (July 1, 1984) for Chapter 11, commencing with Section 11000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 14. Early College High Schools and Middle College High Schools [11300 - 11302] SECTION 11300. Source version: id_8b74e5a0-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=14.&article= (a) The Legislature finds and declares that middle college high schools have proven to be a highly effective collaborative effort between local school districts or regional occupational centers or programs and community colleges. The goal of the middle college high school is to select at-promise high school pupils who are performing below their academic potential and place them in an alternative high school located on a community college campus in order to reduce the likelihood that they will drop out of school before graduation. (b) Each middle college high school shall be structured as a broad-based, comprehensive instructional program focusing on college preparatory and school-to-work curricula, career education, work experience, community service, and support and motivational activities. (c) The specific design of a middle college high school may vary depending on the circumstances of the community college and the school district or regional occupational center or program. The basic elements of the middle college high school shall include, but not be limited to, the following: (1) A curriculum that focuses on college and career preparation. (2) A reduced adult-student ratio. (3) Flexible scheduling to allow for work internships, community service experience, and interaction with community college student role models. (4) Opportunities for experiential internships, work apprenticeships, and community service. (Amended by Stats. 2026, Ch. 65, Sec. 20. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 14. Early College High Schools and Middle College High Schools [11300 - 11302] SECTION 11301. Source version: id_8f031572-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=14.&article= (a) The California Community Colleges and the department shall collaborate with each other and with community colleges, school districts, and regional occupational centers or programs to ensure the continued success of existing middle college high schools and to promote the establishment of new middle college high schools. (b) The responsibilities of the California Community Colleges and the department pursuant to subdivision (a) shall include, but are not limited to, both of the following: (1) With respect to existing middle college high schools, monitor the ongoing viability of the programs, assist with the resolution of policy or financial issues that may arise, and track specific outcomes for students and schools, including attendance rates, graduation rates, college entrance and attendance rates, and employment rates for those students who do not attend college. (2) With respect to the promotion of new middle college high schools, respond to inquiries from school districts, regional occupational centers or programs, and community colleges about the establishment of middle college high schools, advise local entities on startup costs and ongoing funding mechanisms for the program, consult with local entities on the organizational structure of, and curriculum development for, the middle college high schools, facilitate the completion of any necessary facilities improvements, communicate with local entities at least biannually about the existence of middle college high schools and the availability of the department’s and the California Community Colleges’ resources, if any, to assist with the establishment of middle college high schools. (Amended by Stats. 2026, Ch. 65, Sec. 21. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 14. Early College High Schools and Middle College High Schools [11300 - 11302] SECTION 11302. Source version: id_45d00604-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=14.&article= The Legislature finds and declares that early college high schools are innovative partnerships between charter or noncharter public secondary schools and a local community college, the California State University, or the University of California that allow pupils to earn a high school diploma and up to two years of college credit in four years or less. Early college high schools are small, autonomous schools that blend high school and college into a coherent educational program. In early college high schools, pupils begin taking college courses as soon as they demonstrate readiness and the college credit earned may be applied toward completing an associate or bachelor’s degree, transfer to a four-year university, or obtaining a skills certificate. (Added by Stats. 2013, Ch. 372, Sec. 2. (SB 379) Effective January 1, 2014.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 16. Programs to Encourage Parental Involvement [11500 - 11506] SECTION 11500. Source version: id_7e4e0b53-fcc9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=16.&article= The Legislature hereby finds and declares all of the following: (a) Despite a substantial increase in school funding over the last five years, a significant percentage of the school-aged population, particularly in large urban areas, is learning well below the statewide average and is making only marginal progress at best. (b) Parental involvement and support in the education of children is an integral part of improving academic achievement. Educational research has established that properly constructed parent involvement programs can play an important and effective role in the participation of parents in their children’s schools and in raising pupil achievement levels. (c) The federal government has recognized the critical role of parents in the educational process and requires parental and family engagement programs as a condition of eligibility for funds under the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.). (d) The state board has also adopted a policy urging the creation of parent involvement programs in all schools. (e) The local control funding formula legislation adopts parental involvement as one of its key components. (f) Research and experience have demonstrated that these programs succeed only when certain components are made part of the program. (Amended by Stats. 2018, Ch. 669, Sec. 1. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 16. Programs to Encourage Parental Involvement [11500 - 11506] SECTION 11501. Source version: id_a15bbcfb-fcc9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=16.&article= It is the intent of the Legislature in enacting this chapter to ensure that parent and family engagement programs are properly designed and implemented and to provide a focus and structure for these programs based on prior experience and research while maintaining sufficient local flexibility to design a program that best meets the needs of the local community. (Amended by Stats. 2018, Ch. 669, Sec. 2. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 16. Programs to Encourage Parental Involvement [11500 - 11506] SECTION 11502. Source version: id_c469bcd1-fcc9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=16.&article= It is the purpose and goal of this chapter to do all of the following: (a) To engage parents and family members positively in their children’s education by providing assistance and training on topics such as state academic standards and assessments to develop knowledge and skills to use at home to support their children’s academic efforts at school and their children’s development as responsible future members of our society. (b) To inform parents that they can directly affect the success of their children’s learning, by providing parents with techniques and strategies that they may utilize to improve their children’s academic success and to assist their children in learning at home. (c) To build consistent and effective two-way communication between family members and the school so that parents and family members may know when and how to assist their children in support of classroom learning activities. (d) To train teachers, school administrators, specialized instructional support personnel, and other staff to communicate effectively with parents as equal partners. (e) To integrate and coordinate parent and family engagement activities with the local control and accountability plan adopted pursuant to Section 47606.5, 52060, or 52066, as applicable, with other programs. (Amended by Stats. 2018, Ch. 669, Sec. 3. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 16. Programs to Encourage Parental Involvement [11500 - 11506] SECTION 11503. Source version: id_e71fb18b-fcc9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=16.&article= The governing board of each school district and county office of education shall establish a written parent and family engagement program for each school in the district that receives funds under the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), as amended by the federal Every Student Succeeds Act (Public Law 114–95). That program shall contain at least the following elements: (a) Procedures to ensure that parents and family members are consulted and participate in the planning, design, implementation, and evaluation of the program. (b) Procedures to involve parents and family members in developing the Local Educational Agency Plan and school support and improvement plans under Section 6312 of Title 20 of the United States Code. (c) Procedures to provide assistance and support necessary to build schools’ capacity to plan and implement effective parent and family engagement activities. (d) Procedures to train teachers, school administrators, and other staff on outreach and effective communication with parents and family members as equal partners. (e) Regular and periodic programs throughout the school year that provide for training, instruction, and information on all of the following: (1) Parental and family member ability to directly affect the success of their children’s learning through the support they give their children at home and at school. (2) Explanation of curriculum, state academic achievement standards, and state and local assessments. (3) Home activities, strategies, and materials that can be used to assist and enhance the learning of children both at home and at school. (4) Skills to assist parents and family members in understanding the development needs of their children and in understanding how to provide positive discipline for, and build healthy relationships with, their children. (5) Developing consistent and effective communications between the school and the parents and family members concerning the progress of the children in school and concerning school programs. (f) An annual statement identifying specific objectives of the program consistent with the requirements of this section. (g) An annual review and assessment of the program’s progress in meeting those objectives. Parents shall be made aware of the existence of this review and assessment through regular school communications mechanisms and shall be given a copy upon the parent’s request. (Amended by Stats. 2018, Ch. 669, Sec. 4. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 16. Programs to Encourage Parental Involvement [11500 - 11506] SECTION 11504. Source version: id_cd6e5d27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=16.&article= The governing board of each school district shall adopt a policy on parent involvement, consistent with the purposes and goals set forth in Section 11502, for each school not governed by Section 11503. (Added by Stats. 1990, Ch. 1400, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 16. Programs to Encourage Parental Involvement [11500 - 11506] SECTION 11505. Source version: id_cd6e5d29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=16.&article= To the extent permitted by federal law, a school district may contract with nonprofit organizations and agencies experienced in administering parent involvement programs to design or implement, or design and implement, a school’s parent involvement program. (Added by Stats. 1990, Ch. 1400, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 16. Programs to Encourage Parental Involvement [11500 - 11506] SECTION 11506. Source version: id_cd6e5d2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=16.&article= Schools that receive federal funds under Chapter 1 of the federal Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (P. L. 100-297), and receive funds for school improvement plans pursuant to Chapter 6 (commencing with Section 52000) of Part 28 or economic impact aid pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of Part 29, may receive funds for school improvement plans pursuant to Chapter 6 (commencing with Section 52000) of Part 28 or economic impact aid pursuant to Article 2 (commencing with Section 54020) of Chapter 1 of Part 29 only if they comply with this chapter. (Added by Stats. 1990, Ch. 1400, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 18. Center for International Education Synergy [11700- 11700.] SECTION 11700. Source version: id_cd92fc45-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=18.&article= (a) It is the intent of the Legislature that the Center for International Education Synergy be established through a joint powers agreement, entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, between the Sweetwater Union High School District, the Southwestern Community College District, and San Diego State University. It is the intent of the Legislature that a joint powers agency created pursuant to the joint powers agreement own and maintain the land and facilities for the Center for International Education Synergy at the Otay Mesa Off-Campus Center. (b) In addition to funding appropriated by the Legislature for purposes of the Center for International Education Synergy, entities participating in the establishment and operation of the center are encouraged to seek supplemental funding, including, but not limited to, funding from foundations, corporations, and other public entities. (c) Any postsecondary education facilities and programs developed pursuant to this section shall be subject to the requirements of Section 66903 as they apply to the governing boards of public postsecondary educational institutes. (d) The Center for International Education Synergy shall be established only upon approval by the California Postsecondary Education Commission based on a needs study and subsequent approval from the Department of Finance. (Amended by Stats. 2001, Ch. 159, Sec. 54. Effective January 1, 2002.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 19. K–12 High-Speed Internet Connectivity for the Public School System [11800- 11800.] SECTION 11800. Source version: id_d02b52c3-e4ac-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=19.&article= (a) (1) The K–12 High-Speed Network (K–12 HSN) is hereby established for purposes of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth internet connectivity to the public school system, as defined by Section 6 of Article IX of the California Constitution. (2) The California Education Network is hereby established, consisting of the California Research and Education Network (CalREN) and the K–12 HSN. (b) The Superintendent shall collect the information necessary to measure the success of the K–12 HSN and ensure that the benefits of the K–12 HSN are maximized to the extent possible. The K–12 HSN shall provide critical services and functions for public primary and secondary local educational agencies, including, but not limited to, all of the following: (1) Reliable and cost-effective internet service that, among other things, is sufficient to support videoconferencing and related independent study capabilities. (2) Reliable and secure interconnectivity among public school entities offering kindergarten or any of grades 1 to 12, inclusive, in California, connection to higher education institutions of California, and connection to state and local agencies to facilitate efficient interaction, including transmission of data. (3) Statewide coordination of network uses to benefit teaching and learning. (c) The Superintendent shall use a competitive grant process to select a local educational agency to serve as the lead education agency to administer the K–12 HSN on behalf of the Superintendent. (d) The Superintendent shall establish a K–12 HSN advisory board to be composed of all of the following members: (1) The Superintendent or the Superintendent’s designee. (2) The county superintendent of schools of the lead education agency. (3) A county superintendent of schools of a county with an average daily attendance of more than 60,000 pupils, appointed by the Superintendent. The member appointed pursuant to this paragraph shall serve a renewable two-year term. (4) Three school district superintendents, appointed by the Superintendent. Members appointed pursuant to this paragraph shall represent school districts that are diverse as to geography and size, and that serve socioeconomically and culturally diverse pupil populations. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (5) Two county superintendents of schools appointed by the majority of the votes of all of the county superintendents of schools. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (6) Three schoolsite representatives, who shall include not less than two classroom teachers or instructional specialists. Members appointed pursuant to this paragraph shall serve renewable two-year terms. (7) The president of the state board or the president’s designee. (e) The advisory board shall meet quarterly and shall recommend policy direction and broad operational guidance to the Superintendent and the lead education agency. The advisory board, in consultation with the lead education agency, shall develop recommendations for measuring the success of the network, improving network oversight and monitoring, strengthening accountability, and optimizing the use of the K–12 HSN and its ability to improve education. The advisory board shall report its recommendations to the Legislature, the Governor, the Department of Finance, the president of the state board or the president’s designee, and the Legislative Analyst’s Office by March 1, 2007. It is the intent of the Legislature that the report identify and recommend specific annual performance measures that should be established to assess the effectiveness of the network. (f) The duties of the lead education agency shall include all of the following: (1) (A) Before expending any funds for planned network upgrade projects that exceed twenty-five thousand dollars ($25,000) in cost, development of a methodology to determine and prioritize planned network upgrade projects, including the size and scope of any planned network upgrade project, which takes into consideration at least all of the following: (i) Peak network usage to circuit capacity ratios. (ii) Multiyear trends in network traffic, as follows: (I) For projects that begin during the 2017–18 fiscal year, at least two years of trends in network traffic. (II) For projects that begin during the 2018–19 fiscal year, at least three years of trends in network traffic. (III) For projects that begin during the 2019–20 fiscal year, at least four years of trends in network traffic. (IV) For projects that begin during the 2020–21 fiscal year or later, at least five years of trends in network traffic. (iii) Eligibility for subsidies provided through the federal E-Rate program. (iv) Competitive bidding results within a level of capacity upgrade and across all feasible levels of capacity upgrades. (v) Actual expected usage projections and other input, as determined through formal communication with network site administrators. (vi) Specific network performance measures, including the frequency, cause, location, and duration of network outages or interruptions. (vii) Useful life of proposed equipment upgrades. (B) The lead education agency shall submit its methodology to the department, the appropriate policy and fiscal committees of the Legislature, and the Department of Finance by December 15, 2017. Commencing with the 2017–18 fiscal year and in each fiscal year thereafter, the lead education agency shall use its methodology for all planned network upgrade projects that exceed twenty-five thousand dollars ($25,000) in cost. (2) Entering into appropriate contracts for the provision of high-speed, high-bandwidth internet connectivity, provided the contracts secure the necessary terms and conditions to adequately protect the interests of the state. Terms and conditions shall include, but are not limited to, all of the following: (A) Development of comprehensive service level agreements. (B) Protection of any ownership rights of intellectual property of the state that result due to participation of the state in the K–12 HSN. (C) Appropriate protection of assets of the state acquired due to its participation in the K–12 HSN. (D) Assurance that appropriate fee structures are in place. (E) Assurance that any interest earned on funds of the state for this purpose are used solely to the benefit of the project. (3) Development of an annual budget request for the K–12 HSN for submission to the department and the Department of Finance to be considered for the annual Budget Act. (4) Development, in consultation with the advisory board established pursuant to subdivision (d), of specific goals and objectives for the program with appropriate reporting of success measures developed by the Superintendent pursuant to subdivision (b). (5) Ongoing fiscal oversight of the program, including mechanisms to control statewide costs and exposure. To accomplish this objective, the lead education agency shall contract for an annual independent audit of the program. The independent auditor shall report the audit findings to the Superintendent, the Legislature, and the Department of Finance by December 15 of each year. (6) Ongoing technical oversight of the program, including external evaluation and independent validation, where appropriate. To accomplish this objective, the lead education agency shall contract for an independent evaluation to be completed and provided to the Superintendent by March 1, 2009. The Superintendent shall report the results of the evaluation, including a response and recommendations to correct any adverse findings from the evaluation, to the Governor and the Legislature by April 30, 2009. (7) (A) Administering grant programs to promote the most cost-effective manner for the completion of connectivity for all public schools of the state and cost-effective applications that meet instructional needs to the extent that funds are provided for these purposes in the annual Budget Act. (B) Before the appropriation of any state funds for purposes of this paragraph, the lead education agency shall submit information justifying the need for additional grant funds, including, but not limited to, all of the following: (i) The number of schools and school districts that are already connected. (ii) The means by which the costs associated with connectivity were covered for schools and school districts that are already connected. (iii) Obstacles to connection for those schools and school districts that are not yet connected. (iv) Other local options and funding sources for purposes of connectivity and applications. (g) The Superintendent shall apportion funds appropriated for the program in a given fiscal year in compliance with both of the following: (1) Three-fourths of the total amount appropriated shall be apportioned by August 31. (2) Up to one-fourth of the total amount appropriated shall be apportioned by January 31. (h) The Superintendent may request data and other programmatic information from the lead education agency as needed to oversee the program. (Amended by Stats. 2021, Ch. 44, Sec. 9. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 2. CalWORKs Recipients: Instructional and Job Training Plan [10200- 10200.] SECTION 10200. Source version: id_cd468a37-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=2.&article= (a) As used in this chapter, “CalWORKs recipient” means a parent or caretaker relative receiving aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any successor program. (b) The county superintendent of schools, the local community college districts, the local school districts that provide adult education, and the directors of other job training programs in the county shall develop a plan by March 31, 1998, that provides for instructional and job training services to CalWORKs recipients within that county. The plan shall be approved by the county welfare director. The plan shall include all of the following: (1) An estimate of the number of CalWORKs recipients in that county that are expected to require education and job training services and a description of the types of services necessary to meet their needs, pursuant to the county plan required by Section 10530 of the Welfare and Institutions Code. (2) An estimate of the number of spaces available in short-term classes that are offered as part of the regular course schedule at educational institutions that may be used by CalWORKs recipients in that county. (3) An estimate of the number of full-time equivalent students and average daily attendance rates that will be generated by CalWORKs recipients at each institution in excess of the number of recipients attending these institutions in the 1996–97 fiscal year. (4) Proposals for expansion of services and course offerings that are particularly suited for the needs of CalWORKs recipients. (5) An analysis of job demand and employment opportunities within that county using currently available, up-to-date information, and an analysis of how the courses and job training programs will assist CalWORKs recipients in securing employment. (6) A description of outreach efforts that will be undertaken to identify job opportunities for CalWORKs recipients who participate in instruction and job training courses. (Added by Stats. 1997, Ch. 270, Sec. 15. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 5. Cooperative Improvement Programs [10400 - 10407] SECTION 10400. Source version: id_cd468a3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=5.&article= It is the intent and purpose of the Legislature in enacting this chapter to encourage local school districts and community college districts to improve their educational systems and to enrich their educational offerings by utilizing, whenever possible and appropriate, resources which exist in the community. Such resources may include, but not be limited to, business, industry, institutions of higher learning, private consulting firms, other school districts, community college districts, the University of California, or the State of California itself. In the implementation of this chapter, particular emphasis is to be placed upon programs oriented toward agriculture, science, business and commerce, vocational education, teacher training, and, with reference to district administration, development of modern budgetary techniques, such as program planning and budgeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 5. Cooperative Improvement Programs [10400 - 10407] SECTION 10401. Source version: id_cd468a3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=5.&article= School districts, community college districts, or schools or colleges within districts, may enter into cooperative or contractual arrangements with business, industry, or elements within the community for improvement of the local education program. Such arrangements may include evaluation, planning, cooperation in the operation of educational programs, and use of noncertificated personnel, including the elderly, youth, college students, and other nonprofessionals. (Amended by Stats. 1981, Ch. 470, Sec. 22.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 5. Cooperative Improvement Programs [10400 - 10407] SECTION 10403. Source version: id_cd4810df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=5.&article= Nothing in this chapter is intended to modify the law with respect to experimental mathematics and reading programs established under the McAteer Act Chapter 4 (commencing with Section 54400) of Part 29 of Division 4 of Title 2 or is to be construed to authorize school districts or community college districts to contract for services required to be performed by classified school employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 5. Cooperative Improvement Programs [10400 - 10407] SECTION 10407. Source version: id_cd4810e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=5.&article= The governing board of a school district or community college district may request waiver of any section or sections of this code relating to the educational programs or administrative functions described in Section 10400 if the waiver is necessary to establish and operate a program under this chapter. The need for a waiver shall be explained and justified to the Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, as the case may be, and the State Board of Education, or the Board of Governors of the California Community Colleges, as the case may be, may grant, in whole, or in part, any waiver request. (Amended by Stats. 1990, Ch. 1372, Sec. 86.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6. Data-Processing Centers [10500 - 10507] ARTICLE 1. Regional Data-Processing Centers [10500 - 10507] SECTION 10500. Source version: id_cd499787-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.&article=1. The governing board of a school district and a county superintendent of schools may establish and maintain educational data processing centers. Such centers that meet the requirements of Section 10504 for eligible regional educational data processing centers are entitled to financial assistance from the state for the purpose of such centers as provided herein. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6. Data-Processing Centers [10500 - 10507] ARTICLE 1. Regional Data-Processing Centers [10500 - 10507] SECTION 10501. Source version: id_cd499789-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.&article=1. A regional educational data processing center may consist of any of the following: (a) One educational data processing center maintained by the governing board of any school district having an average daily attendance of 100,000 or more pupils. (b) One educational data processing center maintained by the county superintendent of schools that provides data processing services to two or more school districts within or without the county, having a combined average daily attendance of not less than 100,000 nor more than 300,000 pupils. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6. Data-Processing Centers [10500 - 10507] ARTICLE 1. Regional Data-Processing Centers [10500 - 10507] SECTION 10502. Source version: id_cd49978b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.&article=1. The governing board of any school district may contract with any county superintendent of schools for the rendering to the schools of the district of data processing services and may pay for the services out of any funds of the district. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6. Data-Processing Centers [10500 - 10507] ARTICLE 1. Regional Data-Processing Centers [10500 - 10507] SECTION 10503. Source version: id_cd49978d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.&article=1. The functions of regional educational data-processing centers shall include the processing and reporting of information relating, among other things, to programs of instruction, school business administration, and pupil personnel data. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6. Data-Processing Centers [10500 - 10507] ARTICLE 1. Regional Data-Processing Centers [10500 - 10507] SECTION 10504. Source version: id_cd49978f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.&article=1. An eligible regional educational data-processing center is one that meets the following requirements: (a) It possesses equipment, personnel and funds sufficient, as determined by regulations of the State Board of Education, to convert and correlate basic source material into data-processing form by use of a basic data system. (b) It is a regional education data-processing center as defined in Section 10501. (c) It meets the minimum standards established by the State Board of Education. (Amended by Stats. 1990, Ch. 1372, Sec. 87.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6. Data-Processing Centers [10500 - 10507] ARTICLE 1. Regional Data-Processing Centers [10500 - 10507] SECTION 10505. Source version: id_cd499791-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.&article=1. The State Board of Education shall adopt rules and regulations necessary to implement the provisions of this chapter, including rules and regulations that: (a) Establish minimum standards entitling regional educational data processing centers to receive an allowance under this chapter. (b) Prescribe the procedure by which applications for allowance pursuant to this chapter shall be governed. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6. Data-Processing Centers [10500 - 10507] ARTICLE 1. Regional Data-Processing Centers [10500 - 10507] SECTION 10506. Source version: id_cd499793-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.&article=1. The Superintendent of Public Instruction, upon proper application therefor made by a school district or county superintendent of schools maintaining an eligible regional educational data processing center, shall allow to the applicant the amount specified in this section appropriate to the fiscal year for which the application is made. (a) The amount of an allowance for which application may be made shall not exceed thirty thousand dollars ($30,000) for the first, twenty thousand dollars ($20,000) for the second and ten thousand dollars ($10,000) for the third, fiscal year for which an allowance is sought. (b) An allowance shall be made for each of any three fiscal years for which a proper application is made by a school district or county superintendent of schools maintaining an eligible regional educational data processing center. (c) A school district or county superintendent of schools shall not receive more than one allowance in any fiscal year nor more than three such allowances altogether. (d) A new application shall precede such allowance. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6. Data-Processing Centers [10500 - 10507] ARTICLE 1. Regional Data-Processing Centers [10500 - 10507] SECTION 10507. Source version: id_cd4b1e35-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.&article=1. The Superintendent of Public Instruction shall make the allowances to school districts and county superintendents of schools pursuant to Section 10506 from any funds which may be provided for such purposes under any program established by or under authority of federal law. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6.5. Telecommunications [10550 - 10555] SECTION 10550. Source version: id_cd4b1e39-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.5.&article= (a) It is the intent of the Legislature that the State Department of Education, in conjunction with county superintendents of schools and others from the educational community, establish telecommunication standards that will support the efficient sharing of school business and administrative information. These standards shall allow schools, school districts, county superintendents of schools, and the department to establish interactive access to this information, reduce the reporting requirements of local educational agencies, and assist local educational agencies in carrying out their financial and administrative responsibilities in a more effective manner. (b) In addition to establishing telecommunication standards, it is the further intent of the Legislature that standardized financial information and student information being developed pursuant to Section 42103.3 and subdivision (k) of Section 51870 shall be among the initial information that is shared when telecommunication links are established. (c) It is also the intent of the Legislature that funding be made available to encourage school districts and county superintendents of schools to connect existing networks to the telecommunication highway. The Legislature also intends that the provisions of this section be accomplished without requiring replacement of current hardware and software at the local level and that the aforementioned standards be developed and implemented without mandating specified proprietary hardware or software purchases. (Added by Stats. 1994, Ch. 650, Sec. 3. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6.5. Telecommunications [10550 - 10555] SECTION 10551. Source version: id_cd4ca4db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.5.&article= (a) For purposes of this chapter, “governing board” means the governing board set forth in subdivision (b) of Section 42127.8. (b) It is the intent of the Legislature that Section 10550 be implemented by the governing board. (c) The governing board shall be supported by a team of persons having extensive experience in the development of telecommunications systems, local and statewide area computer networks, as well as knowledge of the data and system needs of school business and administration. This team shall be operated under the immediate direction and supervision of an appropriate county superintendent of schools selected, in response to an application process, by the Superintendent of Public Instruction. (d) The State Department of Education shall convene a committee of volunteers, to advise the governing board. This committee shall be composed of individuals who are school district or county office of education personnel and who have knowledge of financial and administrative data processing matters. Members of the committee shall assume their own expenses for service on the committee, and the state shall not provide reimbursement for either the time served by, or the expenses of, the committee members. Two individuals shall be appointed to the committee by each of the following: (1) The president of the California Association of School Business Officials. (2) The president of the Association of California School Administrators. (3) The president of the California School Boards Association. (4) The president of the California Educational Data Processing Association. (5) The Superintendent of Public Instruction. (Amended by Stats. 2000, Ch. 71, Sec. 6. Effective July 5, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6.5. Telecommunications [10550 - 10555] SECTION 10552. Source version: id_cd4ca4dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.5.&article= (a) By July 1, 1995, the governing board, with the assistance of the team established pursuant to subdivision (c) of Section 10551 and the advice of the committee established pursuant to subdivision (d) of Section 10551, shall establish telecommunication standards for use by the department and by county superintendents of schools in purchasing computer hardware or software for school business and administration. The standards shall focus on the ability to process and share financial and administrative information uniformly among county superintendents of schools and school districts as well as between county superintendents of schools and the department and shall be consistent with other departmental and national standards for telecommunication. The department shall disseminate those standards to county superintendents of schools by July 15, 1995, and publish those standards in the California School Accounting Manual. (b) Any new or replacement financial and administrative data processing or telecommunication equipment purchased by a county superintendent of schools after July 15, 1995, may meet the standards developed pursuant to subdivision (a). (c) Any new or replacement financial and administrative data processing or telecommunication equipment purchased by the department after July 1, 1995, may meet the standards developed pursuant to subdivision (a). (Added by Stats. 1994, Ch. 650, Sec. 3. Effective January 1, 1995.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6.5. Telecommunications [10550 - 10555] SECTION 10553. Source version: id_cd4ca4df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.5.&article= (a) After the telecommunication standards developed pursuant to subdivision (a) of Section 10552 are established, each county superintendent of schools shall consult with each of the school districts under its jurisdiction about its specific telecommunication needs to enable the sharing of financial and administrative data at the local level. (b) After telecommunication standards are established pursuant to subdivision (a) of Section 10552, each county office of education shall establish, by January 1, 1996, uniform standards for sharing financial and administrative information between school districts and the county office of education that, to the extent relevant, conform to the standards established pursuant to subdivision (a) of Section 10552 and take into consideration the needs identified pursuant to subdivision (a). Thereafter, school districts may follow those standards when purchasing additional or replacement hardware or software for financial and administrative data processing. School districts shall not be required to replace current hardware or software as a result of the enactment of this chapter, and any decision to make a purchase is a decision of the local agency and not a mandate of the state. (Amended by Stats. 1995, Ch. 91, Sec. 23. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6.5. Telecommunications [10550 - 10555] SECTION 10554. Source version: id_9e06978a-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.5.&article= (a) In order for the governing board to carry out its responsibilities pursuant to this chapter, there is hereby established the Educational Telecommunication Fund. The Controller shall establish an account to receive and expend moneys in the fund. (b) Moneys in the fund established pursuant to subdivision (a) shall only be available for expenditure upon appropriation by the Legislature in the annual Budget Act. (c) Moneys in the fund established pursuant to subdivision (a) may be expended by the governing board to carry out the purposes of this chapter, including, but not limited to, for the following purposes: (1) To support the activities of the team established pursuant to subdivision (c) of Section 10551. (2) To assist the school districts and county superintendents of schools in purchasing both hardware and software to allow school districts, county superintendents of schools, and the department to be linked for school business and administrative purposes. The governing board shall establish a matching share requirement that applicant school districts and county superintendents of schools must fulfill to receive those funds. It is the intent of the Legislature to encourage the distribution of grants to school districts and county superintendents of schools to the widest extent possible. (3) To provide technical assistance through county offices of education to school districts in implementing the standards established pursuant to subdivision (a) of Section 10552. (Amended by Stats. 2015, Ch. 13, Sec. 16. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 6.5. Telecommunications [10550 - 10555] SECTION 10555. Source version: id_cd4ca4e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=6.5.&article= By March 15 of each year, the governing board shall report to the Governor, the Legislature, the State Board of Education, the Superintendent of Public Instruction, and the Department of Finance on the progress that has been made to meet the objectives of this chapter, the status of activities related to meeting the objectives of this chapter, and any plan of the governing board for subsequent fiscal years to meet the objectives of this chapter. (Amended by Stats. 2000, Ch. 71, Sec. 8. Effective July 5, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10600. Source version: id_923fa226-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= (a) It is the intent of the Legislature in enacting this chapter to make complete, current, and reliable information relating to education available to the Legislature and to all public educational agencies in California at maximum efficiency and economy through statewide compatibility in the development and application of information systems and electronic data-processing techniques insofar as they relate to data required in reports to the department. (b) It is the further intent of the Legislature to recognize the importance, and enhance the stature, of the education profession throughout the state. (c) The Legislature finds and declares all of the following: (1) According to recent studies, there is a shortage of qualified teachers, particularly in the areas of special education, English language acquisition and development, mathematics, and science, throughout California. (2) In order for California to remain competitive in the global economy, the Legislature recognizes the necessity of continuing to support the recruitment of individuals to the teaching profession and effective teacher preparation and professional development programs. The Legislature also recognizes the importance of quality instruction to the academic achievement of pupils and of providing each pupil in the public schools with instruction by a highly qualified teacher. (3) State and local policymakers, local educational agencies, teachers, parents, and pupils all need reliable information regarding participation in the teacher workforce, teacher movement between schools and school districts, the departure of teachers from the workforce before retirement, the appropriateness of teacher assignments, and the effectiveness of teacher credentialing, preparation, induction, recruitment, and support, and would benefit from the availability of more extensive information regarding the teaching profession. (4) Data regarding the teacher workforce is currently collected and maintained by numerous state and local educational agencies. In order for the Legislature to fulfill its intent in enacting this chapter, it is necessary to integrate the data collected by those existing data systems to provide an understanding of the teacher workforce in the state and the effectiveness of teacher preparation programs. For purposes of integrating data regarding the teacher workforce in the state, Item 6110-001-0890 of Section 2.00 of the Budget Act of 2005 (Chapter 38 of the Statutes of 2005) appropriated funds for the department to contract for a teacher data system feasibility study to determine the feasibility of converting existing data systems into an integrated, comprehensive, longitudinally linked teacher information system that can yield high-quality program evaluations. (5) It is important that policymakers and teacher candidates have access to information on the quality of teacher preparation programs. It is also the intent of the Legislature that the quality indicators include the extent to which teachers are prepared to work effectively with all pupils, including, but not necessarily limited to, English language learners, special education pupils, and socioeconomically disadvantaged pupils. (6) It is the intent of the Legislature that, as the California Education Information System is implemented over time, access to public information already available on various measures of the quality of teacher preparation programs be available in electronic format and be accessible to the extent practicable through downloadable pages and reports accessible to the public in a consolidated manner. (d) It is the intent of the Legislature that the vital goals described in this section be accomplished through the establishment of a comprehensive state education data information system in the department that includes information regarding the teacher workforce. (Amended by Stats. 2010, Ch. 248, Sec. 1. (AB 2086) Effective January 1, 2011.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10601. Source version: id_a5b7744f-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= (a) There has been developed by the department the California Education Information System, hereinafter in this chapter called “the system.” The function of the system is to establish, conduct, and by continuous concern keep up to date a basic, integrated, statewide information system for education. (b) The system includes both of the following: (1) The California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33, which maintains pupil data regarding demographic, program participation, enrollment, and statewide assessments, in addition to data contained in the California Basic Educational Data System, including certificated staff information collected through the Professional Assignment Information Form prepared by the department. (2) The California Longitudinal Teacher Integrated Data Education System developed pursuant to Section 10601.5, which enables analysis of workforce trends, evaluation of teacher preparation programs, and the monitoring of teacher assignments. The California Longitudinal Teacher Integrated Data Education System shall maintain data regarding the certificated workforce that is not maintained in the California Longitudinal Pupil Achievement Data System and consolidate data that is collected by state agencies and local educational agencies. (c) Data elements and codes included in the system shall be maintained in compliance with all of the following: (1) Chapter 6.5 (commencing with Section 49060) of Part 27 and any regulations adopted pursuant thereto. (2) Section 49602. (3) Section 56347. (4) The Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (5) The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and any federal regulations adopted pursuant thereto. (6) Any other applicable federal or state law that can be interpreted as protecting the privacy and confidentiality of individual pupils or certificated personnel. (d) The department shall adopt regulations to implement this section. (Amended by Stats. 2009, Ch. 159, Sec. 1. (SB 19) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10601.5. Source version: id_8730f165-317d-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= (a) The department, in collaboration with the Commission on Teacher Credentialing, shall contract for the development of a teacher data system to be known as the California Longitudinal Teacher Integrated Data Education System that is based on the results of the teacher data system feasibility study conducted pursuant to Item 6110-001-0890 of Section 2.00 of the Budget Act of 2005 (Chapter 38 of the Statutes of 2005). The purpose of the California Longitudinal Teacher Integrated Data Education System is to streamline processes, improve the efficiency of data collection by the department, the Commission on Teacher Credentialing, and the Employment Development Department, and improve the quality of data collected from local educational agencies and teacher preparation programs. The California Longitudinal Teacher Integrated Data Education System shall be developed and implemented in accordance with all state rules and regulations governing information technology projects. (b) The California Longitudinal Teacher Integrated Data Education System shall serve as the central state repository of information regarding the teacher workforce in the state for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs regarding the teaching workforce. It also shall serve to provide high-quality program evaluations, including evaluation of the effectiveness of teacher preparation and induction, and to help improve professional development programs. Additionally, it shall promote the efficient monitoring of teacher assignments as required by state and federal law. (c) The California Longitudinal Teacher Integrated Data Education System shall not include the names, social security numbers, home addresses, telephone numbers, or e-mail addresses of individual teachers. (d) Data in the California Longitudinal Teacher Integrated Data Education System shall not be used in violation of any federal or state law that is intended to protect an individual’s right to privacy or the confidentiality of an individual’s personal information. (e) The system shall be used to accomplish all of the following goals: (1) Provide a means to evaluate all of the following: (A) The effectiveness of teacher preparation programs, including, but not limited to, traditional fifth-year programs, university internship programs, and district-sponsored internship programs. (B) Teacher workforce issues, including mobility, retention, and attrition. (2) Streamline and improve the effectiveness and timeliness of assignment monitoring as required by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and by state law. (3) Enable local educational agencies to monitor teacher assignments on demand. (f) For purposes of implementing this chapter, including the legislative intent expressed in subdivision (b) of Section 10600, the system shall include all of the following information: (1) Age profiles of teachers in the workforce. (2) Projections of the number of retirees in the education system over the next 10 years throughout the state. (3) Identification of subject matter fields that have the severest shortage of teachers. (4) Geographic distribution of teachers by credential type. (5) Present patterns of in-service education for teachers. (g) The Commission on Teacher Credentialing and accredited teacher preparation programs shall participate in the system by providing available data regarding enrollment in credential programs, credentials issued in each specialization, and certificated persons in each specialty who are not employed in education, and by collaborating with the department in the design and preparation of periodic reports of teacher supply and demand in each specialty and in each geographic region of the state. (h) The California Longitudinal Teacher Integrated Data Education System shall do all of the following: (1) Utilize and maximize use of existing teacher databases. (2) Maintain longitudinally linked data without including the names of teachers. (3) Comply with all state and federal confidentiality and privacy laws. (i) The Superintendent shall convene a working group to provide advice and guidance on the development and implementation of the system. The group shall include, but is not limited to, representatives from the Commission on Teacher Credentialing, the Department of Finance, the Legislative Analyst’s Office, the Employment Development Department, the president of the state board or his or her designee, and representatives of local educational agencies, postsecondary educational institutions, researchers, teachers, administrators, and parents. (j) The operation of the California Longitudinal Teacher Integrated Data Education System is contingent upon the appropriation of funds for purposes of this section in the annual Budget Act or other legislation. (Amended by Stats. 2011, Ch. 347, Sec. 11. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10601.6. Source version: id_d6f641f1-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= Notwithstanding any other provision of law, data in the California Education Information System, solely or in conjunction with data from any other data system, may be used by local educational agencies for purposes of evaluating teachers and administrators and making employment decisions, only if these decisions comply with Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 2. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10602. Source version: id_cd4e2b8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= In maintaining the system, the department shall: (a) Consult and cooperate with school districts, county superintendents, advisory committees on integrated data processing, task forces for implementing the utilization of a statewide information system, intergovernmental boards on electronic data processing and state electronic data processing policy committees created by statute or by executive order of the Governor. (b) Cooperate with the Educational Management and Evaluation Commission in all matters relating to program budgeting. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10603. Source version: id_cd4e2b8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= The department may consult and cooperate with public and private agencies and with educators and information specialists at the district, county, regional, state, and national levels. The department may enter into nonexclusive licenses with public and private agencies within or outside of the state to permit the use of the copyrighted system and may contract with such agencies to perform any of the functions set forth in this article. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10604. Source version: id_cd4e2b8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= School districts maintaining kindergarten or any grade of grades 1 through 12, county superintendents of schools, and the department shall: (a) Cooperate and consult in the joint conduct of the system. (b) Coordinate information-processing activities to preclude duplication of the developmental and operational aspects of the system. (c) Conduct educational information-processing activities in accordance with regulations of the State Board of Education adopted pursuant to this chapter. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10606. Source version: id_cd4fb231-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= The department shall, among other things: (a) Develop for statewide educational use standards for: (1) Coding structures. (2) Common data base. (3) File layout and design. (4) Flow charts. (5) Identification of data items. (6) Input documentation and formats. (7) Output report formats, including those required by local, county, state, and federal agencies. (8) Procedural manuals. (9) Terminology. (10) Other relevant material. (b) Make available, without charge, to school districts, county superintendents, and other public agencies the system components, described in subdivision (a), as they are completed. (c) Identify centers to develop or demonstrate the appropriate use of the system and the system’s procedures, those districts, county superintendents, and other public agencies that are successfully using the various components of the system. (d) Establish safeguards to assure only appropriate access to confidential information. (e) Disseminate information about the system, and its use and availability. (f) Adopt regulations to implement this chapter. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10607. Source version: id_cd4fb233-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= The regulations adopted pursuant to Section 10606 shall, among other things: (a) Require that the department and school districts use the system’s standard terminology and formats specified in Section 10606 as the basis for all reports and other data specified in this code and related administrative codes. (b) Provide departmental coordination in order to preclude costly duplication of the developmental and operational aspects of materials, equipment, programming, systems and procedures. (c) Recognize that wise and appropriate use of automatic data-processing technology need not be restricted by school district or other boundaries. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10608. Source version: id_cd4fb235-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= Notwithstanding any other provision of law, a school district or county office of education shall not be required to comply with a requirement in any other section of this code that information be reported to the State Department of Education with regard to information that is reported to the department under the CBEDS report. For purposes of this section, “CBEDS report” means the report that is transmitted by public educational agencies to the State Department of Education for purposes of the California Basic Education Data System and includes the information reported under this chapter, and other information relating to school staff and pupil enrollment. However, the Legislature recognizes that there are circumstances when more timely information is necessary prior to the annual CBEDS collection. Under this condition, the State Department of Education may require the districts and county offices of education to provide the necessary information. (Added by Stats. 1992, Ch. 507, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10609. Source version: id_cd4fb237-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= The department may accept federal or other funds for the purpose of financing activities pursuant to this article. School districts and county offices of education may assign to the department funds or other resources which may be identified in their budgets for planning, developing, or coordinating activities related to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7. California Education Information System [10600 - 10610] SECTION 10610. Source version: id_cd4fb239-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.&article= The State Board of Education shall make recommendations to the Legislature as the state board deems appropriate concerning appropriate or necessary legislation related to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 7.5. JOINT DATA SYSTEMS [10700- 10700.] SECTION 10700. Source version: id_fefea432-8d07-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=7.5.&article= It is the intent of the Legislature to enact legislation that will develop a coordinated adult education data system that accomplishes all of the following: (a) Uses standardized procedures to collect data. (b) Complies with relevant federal statutes in elementary, secondary, and postsecondary education. (c) Makes efficient use of existing data systems in the California Community College system and the department. (d) Is based upon individual pupil and student records that, preferably, can be linked through the use of a common student identifier. (e) Contains a common data dictionary that can be used to provide valid, comparable data regarding enrollment, demographics, outcomes, and other educational or economic policy issues. (f) Complies with all relevant state and federal privacy laws and regulations. (Added by Stats. 2006, Ch. 264, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10800. Source version: id_4c63b3a6-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= This chapter shall be known and may be cited as the Education Data and Information Act of 2008. (Added by Stats. 2008, Ch. 561, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10801. Source version: id_4cf9d928-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= It is the intent of the Legislature that the design and implementation of a high-quality, comprehensive, and longitudinal education data system for California will do the following: (a) Support a system of continuous learning by delivering timely, reliable, user-friendly, and relevant information to schoolsite and district leaders, county offices of education, higher education leaders, teachers and faculty, education program providers, policymakers, researchers, parents, pupils, and the public at large. (b) Provide educators and parents with the tools, reports, and assistance needed to inform instruction and learning. (c) Integrate data from disparate sources. (d) Anticipate and provide the technological capacity for the sharing of appropriate noneducation data from other state sources such as health, welfare, juvenile justice, corrections, and employment agencies, the analysis of which is necessary to fully understand critical education policy and education finance questions. (Added by Stats. 2008, Ch. 561, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10802. Source version: id_0d9edf67-479c-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= (a) The department shall establish a process by which local educational agencies issue, maintain, and report information using the unique statewide pupil identifiers specified in paragraph (3) of subdivision (e) of Section 60900 for state and federally funded center-based child care and development programs under their purview. (b) In order to comply with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) assurances delineated in Section 6401(e)(2) of the America COMPETES Act (20 U.S.C. Sec. 9871), the department shall establish the process referenced in subdivision (a) no later than January 1, 2011. (c) It is the intent of the Legislature that on or before January 1, 2011, the department, at a minimum, ensures that the data elements pertaining to preschool described in Section 6401(e)(2)(D) of the America COMPETES Act (20 U.S.C. Sec. 9871) be collected for all preschool programs operated by a local educational agency. (d) Except to the extent required by federal law, or as needed to ensure compliance with federal law, the department shall not require these center-based child care and development programs to implement or maintain unique pupil identifiers specified in paragraph (3) of subdivision (e) of Section 60900 until an appropriation for this purpose is provided in the annual Budget Act or another statute. (Amended by Stats. 2010, 5th Ex. Sess., Ch. 1, Sec. 2. (SB 2 5x) Effective April 12, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10802.5. Source version: id_dcceafe3-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= It is the intent of the Legislature that, on or before January 1, 2011, and to the extent an appropriation is provided for this purpose, the department, at a minimum, ensures that the data elements pertaining to success in the 21st Century workforce described in Section 6401(a)(2)(B)(ii) and (e)(1)(A)(ii) of the federal America COMPETES Act (20 U.S.C. Sec. 9871) be collected for career technical education programs operated by a local educational agency. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 3. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10803. Source version: id_4e27359c-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= (a) The Chancellor’s Office of the California Community Colleges, the University of California, and the California State University shall each establish a process by which colleges and universities within those systems issue, maintain, and report information using the unique statewide pupil identifiers specified in paragraph (3) of subdivision (e) of Section 60900. (b) Annually, on or before April 1, the Chancellor’s Office of the California Community Colleges, the University of California, and the California State University shall provide a progress report to the Governor and the appropriate policy and fiscal committees of the Legislature. The report shall include a detailed timeline for the implementation, maintenance, and use of the unique statewide pupil identifiers pursuant to subdivision (a). (Added by Stats. 2008, Ch. 561, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10804. Source version: id_acf2cda5-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= (a) The State Chief Information Officer appointed pursuant to Section 11545 of the Government Code shall convene a working group representing, at a minimum, the state board, the Superintendent, the Chancellor of the California Community Colleges, the University of California, the California State University, and any other governmental entities that collect, report, or use individual pupil education data that would become part of the comprehensive education data system. The State Chief Information Officer shall form an advisory committee to the working group that includes school and district administrators, teachers and faculty, education program providers, policymakers, researchers, parents, and pupils. (b) The working group convened pursuant to this section shall create a strategic plan to link education data systems from all segments and to accomplish all of the following: (1) Provide an overall structural design for the linked education data systems. (2) Examine current state education data systems. (3) Examine the protocols and procedures to be used by state agencies in data processing, including, but not limited to, collecting, storing, manipulating, sharing, retrieving, and releasing data so as to enable each state agency to accurately and efficiently collect and share data with the other state agencies while complying with all applicable state and federal privacy laws. (4) Identify specific procedures and policies that would be necessary to ensure the privacy of pupil record information so as to meet both federal requirements and the higher expectations of privacy held by the state. (5) Identify specific procedures and policies that would facilitate the sharing and transfer of data from one segment to another and ultimately to include linkages to workforce data. (c) The strategic plan shall be delivered by the State Chief Information Officer to the Legislature and the Governor on or before January 1, 2010. (d) This section may be implemented using federal grant funds received pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through that act’s provision of funds for statewide data systems under the federal Education Technical Assistance Act (20 U.S.C. Sec. 9601 et seq.). (Amended by Stats. 2009, Ch. 159, Sec. 4. (SB 19) Effective January 1, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10805. Source version: id_eb156a1a-e413-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= (a) Notwithstanding any other law, the Commission on Teacher Credentialing, the state board, and the department shall provide to the State Chief Information Officer the individual nonpersonally identifiable or aggregate data related to teacher distribution, educator credential status, pupil assessment and accountability, or other pupil academic and achievement data, including, but not limited to, data generated from, or related to, the California Assessment of Student Performance and Progress, the English language development test, the Academic Performance Index (API), and adequate yearly progress data and calculations, graduation rates, pupils who dropout of school, and demographics of pupils and teachers. (b) The data provided pursuant to the section shall be provided as follows: (1) In a format that is agreeable to all relevant parties. (2) In a timely manner, according to a schedule agreed upon by all relevant parties. (3) At no cost to the State Chief Information Officer. (c) The State Chief Information Officer may release the information provided pursuant to subdivision (a) in any of the following manners: (1) On paper at a single location that is accessible to the public. (2) Electronically at a single location that is accessible to the public. (3) Electronically via the Internet. (d) The State Chief Information Officer shall ensure that the use of this data is in compliance with applicable state and federal privacy laws. (Amended by Stats. 2017, Ch. 641, Sec. 4. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10806. Source version: id_4ff034d2-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= In meeting the requirements of this chapter, state agencies, local educational agencies, and the officers and appointees of those agencies shall consider and comply with state and federal privacy law and ensure the highest, appropriate security protections are in place in order to provide the maximum protection of privacy. (Added by Stats. 2008, Ch. 561, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8. Education Data and Information Act of 2008 [10800 - 10807] SECTION 10807. Source version: id_e166d5a5-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.&article= The department, the University of California, the California State University, the Chancellor of the California Community Colleges, the Commission on Teacher Credentialing, the Employment Development Department, and the California School Information Services established in Section 49081 may enter into interagency agreements in order to facilitate all of the following: (a) The implementation of a comprehensive longitudinal education data system for California. (b) The transfer of data from one educational segment to another. (c) The transfer of workforce data to the educational segments. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 4. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 1. Cradle-to-Career Data System Workgroup [10850 - 10851] SECTION 10850. Source version: id_e0a011aa-8020-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=1. This chapter shall be known, and may be cited, as the California Cradle-to-Career Data System Act. (Repealed and added by Stats. 2024, Ch. 736, Sec. 2. (AB 2723) Effective September 27, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 1. Cradle-to-Career Data System Workgroup [10850 - 10851] SECTION 10851. Source version: id_e0a011ac-8020-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=1. The California Cradle-to-Career Data System Workgroup created pursuant to former Section 10853, as it read on January 1, 2024, is hereby dissolved. (Repealed and added by Stats. 2024, Ch. 736, Sec. 2. (AB 2723) Effective September 27, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10860. Source version: id_e513e68e-8020-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) There is hereby established in state government the California Cradle-to-Career Data System for the purpose of connecting individuals and organizations to trusted information and resources. The data system shall be considered a source for actionable data and research on education, economic, and health outcomes for individuals, families, and communities, and provide for expanded access to tools and services that support the navigation of the education-to-employment pipeline. (b) (1) The data system shall be used to provide access to data and information necessary to provide insights into critical milestones in the education-to-employment pipeline, including insight regarding early learning and care to grade 12, inclusive, and into higher education, skills training opportunities, and employment to better enable individuals to maximize their educational and career opportunities, and to foster evidence-based decisionmaking to help the state build a more equitable future. (2) The information contained in the data system shall be used to accomplish all of the following: (A) Address disparities in opportunities and outcomes. (B) Support student guidance. (C) Foster continuous improvement. (D) Address the needs of researchers. (c) The data system shall do all of the following: (1) Enable the linkage, management, and monitoring of information on student progress through education, workforce training, employment, health, and social services. (2) Ensure that information contained, and available through, the data system is kept secure and that individual privacy is protected. (3) Provide for access to actionable data on education, economic, and health outcomes for use by individuals, students, families, and communities to, among other things, illustrate inequities in opportunities and outcomes. (4) Provide support for professional development opportunities to further policy making and to improve the functionality of the system by end users, including state agencies, schools, colleges and universities, social service providers, and students and families. (5) Provide support for opportunities to enhance the state’s system of public education, educational programs, and educational services. (6) Advance academic, nonprofit, and governmental research to enhance the development of policies focused on birth through career. (7) Support the creation of user-facing tools and services, and access to information necessary to do all of the following: (A) Provide tailored supports to students, educators, parents, and advisors, and better enable students to navigate the education-to-employment pipeline. (B) Enable the streamlining and administration of college application processes and student financial aid programs. (C) Allow researchers and policymakers to explore policy problems and solutions. (d) At all times, the data system shall act in furtherance of the public good and shall be held accountable thereto. (e) The planning of the data system shall be subject to the Project Approval Lifecycle of the Department of Technology, pursuant to Section 4819.35 of the State Administrative Manual and all other relevant sections. The development and implementation of the data system shall be subject to the reporting and oversight requirements of the Department of Technology, pursuant to Section 4819.36 of the State Administrative Manual and all other relevant sections. The planning, development, and implementation of any additions to, or revisions of, the data system shall also be subject to these requirements. (f) At all times, the data system shall comply with federal and state laws to protect individual privacy, including, but not necessarily limited to, all of the following: (1) The federal Family Education Rights and Privacy Act of 1974 (Public Law 93-280, as amended). (2) The federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended). (3) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (4) The federal Privacy Act of 1974 (Public Law 93-579, as amended). (g) Any data maintained under this article that meets the definition of personal information, as defined in Section 1798.3 of the Civil Code, shall not be used or disclosed except for purposes consistent with this article. Whether or not it is protected under applicable federal or state law, personal information managed under this article shall be deidentified before being released to the public. (h) (1) All of the following rights in the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) do not apply to records or source data from the P20W data set that are maintained under this article: (A) The individual right to inquire and be notified as to whether the data system maintains a record about that individual, as provided in Section 1798.32 of the Civil Code. (B) The individual right to inspect personal information in any record maintained in the data system, as provided in Section 1798.34 of the Civil Code. (C) The individual right to request to amend any record maintained in the data system, as provided in Section 1798.35 of the Civil Code. (2) In the event of a “security incident,” as defined in the participation agreement, the managing entity shall comply with the requirements of Section 1798.29 of the Civil Code. (3) This subdivision does not affect an individual’s right to request to amend a record maintained by a data provider of record. To assist individuals who wish to exercise such rights, as applicable, the managing entity shall include on its internet website, a link to the contact information of a data provider’s privacy officer and, when applicable, a link to the relevant privacy web form maintained by the data provider. (Amended by Stats. 2024, Ch. 736, Sec. 3. (AB 2723) Effective September 27, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10861. Source version: id_eaa8e2e0-8020-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. For purposes of this article, the following definitions apply: (a) “Advisory boards” means the advisory boards established pursuant to Section 10865. (b) “A–G coursework” means the 15-unit pattern of courses across seven subject areas that pupils must complete during high school to meet minimum eligibility requirements for admission to the California State University or the University of California. (c) “Analytical tools” means the resources that provide for access to information for research and evaluation purposes such as dashboards, a query builder, summaries of key student and employment outcomes, and a research library, including, but not limited to, the P20W data set. (d) “California College Guidance Initiative” (CCGI) means the public-nonprofit partnership of Student Friendly Services, established pursuant to Item 6100-172-0001 of the annual Budget Act, authorized by Section 60900.5, and administered by the Foundation for California Community Colleges established pursuant to Section 72670.5, or a successor agent. (e) “Data providers” means entities that submit the individual, educational, academic, training, employment, social service, health, and other information used to create the data system. (f) “Data requests in the public interest” means those requests that enable parents, educators, health and human services providers, researchers, and policymakers to provide appropriate interventions and supports to address disparities in opportunities and improve outcomes for all students. (g) “Data system” means the Cradle-to-Career Data System established pursuant to this chapter. (h) “eTranscript California” means an electronic transcript service administered by the California Community Colleges, or a successor agent. (i) “Governing board” means the governing board established pursuant to Section 10864 that is subject to Sections 10865 and 10866. (j) “Managing entity” means the office created in Section 10862 that is responsible for Section 10867. (k) “Operational tools” means the publicly supported educator-, student-, and parent-facing tools that use student-specific data to support college planning and education transitions, including, but not limited to, the CCGI and eTranscript California. All tools under this definition shall comply with the student privacy provisions of Section 49073.1. Pursuant to subdivision (d) of Section 10870, a local educational agency shall not be required to enter into a contract with a provider of publicly supported “operational tools” as defined in this subdivision. (l) “Participation agreement” means the legal framework used by the state to establish the conditions under which data may be shared and used, and may include the use of a master data exchange agreement or other agreements between partner entities, data providers, and the managing entity. (m) “P20W data set” means the data set adopted by the governing board and requested from the data providers, including, but not limited to, the data points described in the report to the Department of Finance and the Legislature required by subdivision (a) of former Section 10856, as it read on January 1, 2024, and as adjusted by the governing board. The governing board may add or remove requested data points based on changes in the usage of the element. As required by the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), data providers shall retain sole control over their source data and may reject, add, or remove data elements contributed to the P20W data set, as reflected in its participation agreement with the managing entity. (Amended by Stats. 2024, Ch. 736, Sec. 4. (AB 2723) Effective September 27, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10862. Source version: id_cb6bafd1-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) The Office of Cradle-to-Career Data is hereby created within the Government Operations Agency. (b) The office shall also be known as the “managing entity,” and shall serve as a neutral administrative body, consistent with the purpose and intent of this chapter, to do all of the following: (1) Initiate the data system during the startup process. (2) Ensure wide, appropriate, and legal use of the data system as a one-stop shop for cradle-to-career data to support policy researchers. In order to ensure individual privacy, and in accordance with federal law, control of the data available through the data system shall be retained by the data providers who contributed the data through their participation agreement, and disclosed to and by the managing entity only to the extent permitted by federal law. (3) Scale operational tools to better serve educators, students, and families. (4) Implement communications, professional development, and technical assistance that supports data system use. (c) (1) The managing entity shall operate until July 1, 2026, or a later date, as approved by the governing board, contingent on a review of the appropriateness and efficacy of the Government Operations Agency continuing to house the managing entity after July 1, 2026. (2) A recommendation to move the managing entity under the administration of another state department or agency shall be submitted by the governing board to the Legislature and the Governor through the governing board’s annual budget submission. (Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10863. Source version: id_f04b73c2-8020-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. In fulfilling their roles, all governing board members, advisory board members, and managing entity employees shall do all of the following: (a) Prioritize the needs of students and families. (b) Comply with federal and state laws to protect individual privacy, including, but not necessarily limited to, all of the following: (1) The federal Family Educational Rights and Privacy Act of 1974 (Public Law 93-280, as amended). (2) The federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended). (3) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (4) The federal Privacy Act of 1974 (Public Law 93-579, as amended). (c) Consider and respond to stakeholder input. (d) Promote and foster an environment and culture of collaboration and cooperation. (e) Promote a culture of data-informed decisionmaking by consulting with data experts and intended data users, including members of the public, when developing data use priorities. (Amended by Stats. 2024, Ch. 736, Sec. 5. (AB 2723) Effective September 27, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10864. Source version: id_6513cc3c-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) The data system shall be governed by a governing board composed of the following 21 members: (1) The Superintendent of Public Instruction or the Superintendent’s designee. (2) The Chancellor of the California Community Colleges or the chancellor’s designee. (3) The Chancellor of the California State University or the chancellor’s designee. (4) The President of the University of California or the president’s designee. (5) The President of the Association of Independent California Colleges and Universities or the president’s designee. (6) The Chief of the Bureau for Private Postsecondary Education or the chief’s designee. (7) The Executive Director of the Student Aid Commission or the executive director’s designee. (8) The Executive Director of the Commission on Teacher Credentialing or the executive director’s designee. (9) The Secretary of California Health and Human Services or the secretary’s designee. (10) The Secretary of Labor and Workforce Development or the secretary’s designee. (11) Four public members, to be appointed by the Governor, as follows: (A) Two elementary and secondary education practitioners to serve as a representative of elementary and secondary educators, counselors, and administrators. (B) Two members of the public who meet the requirements of paragraph (1) of subdivision (c). (12) Four members of the public, to be appointed by the Legislature, as follows: (A) Two members of the public to be appointed by the Speaker of the Assembly. (B) Two members of the public to be appointed by the President pro Tempore of the Senate. (13) One Senator appointed by the President pro Tempore of the Senate, or the Senator’s designee. (14) One Assembly Member appointed by the Speaker of the Assembly or the Assembly Member’s designee. (15) The Chief Operations Officer of California School Information Services. (b) A designee serving at the pleasure of a governing board described in paragraphs (1) to (10), inclusive, of subdivision (a) shall be qualified and authorized to make decisions on behalf of the appointed member. (c) All of the following shall apply to the public member appointments made pursuant to paragraphs (11) and (12) of subdivision (a): (1) It is the intent of the Legislature that, in appointing members, the appointing authority shall make every effort to ensure the membership of the governing board is reflective of the cultural, racial, geographical, economic, and social diversity of California, taking into consideration factors including, but not limited to, diversity in data user experience, diversity in expertise with educational data, diversity in professional experience, and representation from different geographical and socioeconomic backgrounds. (2) The public members shall represent the public beneficiaries of the data system, including, but not limited to, practitioners, families, students, adult learners and workers, community organizations, research organizations, or advocates. (3) A public member shall serve a term of no more than three years, and shall not serve more than two consecutive terms or more than six years. (4) The public members shall have staggered terms. (5) For the first appointment of public members to the governing board only, to create staggered terms, the terms of those members shall be as follows: (A) The terms of the public members appointed pursuant to subparagraph (A) of paragraph (11) of subdivision (a) shall be for three years. (B) The terms of the public members appointed pursuant to subparagraph (B) of paragraph (11) of subdivision (a) shall be for one year. (C) The terms of the public members appointed pursuant to paragraph (12) of subdivision (a) shall be for two years. (d) Notwithstanding subdivisions (b) and (c), the governing board may expand membership on the governing board to include new data contributors and ex officio governing board members. (e) (1) Institutions and persons represented on the governing board pursuant to paragraphs (1) to (4), inclusive, and paragraphs (6) to (10), inclusive, of subdivision (a) shall be data providers. (2) Institutions and persons on the governing board described in paragraphs (5) and (11) to (15), inclusive, of subdivision (a) are not data providers. (f) The governing board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2025, Ch. 67, Sec. 44. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10865. Source version: id_cb6bd6e7-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) The governing board shall provide the governance structure for the data system by developing and revising, from time to time, a self-governance process to ensure that the governing board, among other actions, does all of the following: (1) Convenes on a regular basis, but no less than quarterly. (2) Selects a chairperson. (3) Develops conflict of interest policies in accordance with applicable statutes. (4) Allows governing board members to receive per diem and reimbursement of travel expenses. (5) Adopts a vote threshold for decision-making that requires two-thirds of the voting membership to concur in the decision. (6) Ensures multiagency cooperation. (7) Develops policies and practices to expand the governing board to include new data providers and ex officio members. (b) (1) There are hereby established two advisory boards to provide input and feedback to the governing board on topics as follows: (A) The Data and Tools Advisory Board, with responsibility for examining whether the data system is providing actionable information and identifying ways to improve access to that information. (B) The Community Engagement Advisory Board, with responsibility for examining whether the managing entity is creating strong feedback loops with data users, supporting evidence-based decision-making and analytical capacity, and ensuring equitable access to actionable information. (2) Members of each of the advisory boards shall be appointed by the governing board, and shall serve three-year terms, with the initial appointment term staggered such that one-third of the positions expire each year. (c) The governing board may establish and disband additional ad hoc committees, as it sees fit and as is appropriate to further the intent of this chapter. (d) All advisory boards established by this section shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10866. Source version: id_fb80de16-8020-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) The governing board shall appoint an executive officer to oversee the managing entity. The executive officer shall be exempt from civil service consistent with subdivision (e) of Section 4 of Article VII of the California Constitution, including setting the terms of employment, and annual compensation shall be commensurate with other like positions in state government. The executive officer shall employ such other employees as they deem necessary for the effective conduct of the work of the managing entity. (b) The governing board shall be responsible for, in consultation with the advisory boards, the strategic direction and implementation of the data system, including, but not limited to, all of the following: (1) Adopting a timeline for phasing in the data system, including a timeline for the development of analytical tools, operational tools, and offering professional development and technical assistance. (2) Ensuring that the data system is serving its intended purposes by submitting recommendations to the Governor and the Legislature to adjust the data system’s vision, mission, and strategic objectives, particularly recommendations related to improving educational outcomes and reducing opportunity gaps. (3) Adopting and adjusting as necessary a data dictionary, data standards, and security protocols to ensure interoperability between the data system, the source data, and other state data systems using the same source data. (4) Expanding the maintained data set, beyond the P20W data set, by doing both of the following: (A) Approving additional data providers. (B) Requesting additional data points from data providers, in the context of data quality, legal concerns, costs, and preserving the neutrality of the data system. The governing board shall not require a data provider to collect data that the data provider is not legally allowed, under other applicable laws, to collect. (5) Creating new analytical and operational tools that would help the public interact with the data. (6) Creating, and revising from time to time, in consultation with the advisory boards, a data request process for use by researchers, policymakers, education systems, schoolsites, and college campuses for information that is all of the following: (A) In compliance with federal and state laws to protect individual privacy. (B) Not otherwise available via the public query tools maintained by the managing entity. (C) Allows for expedited access to summary data that has been properly deidentified. (D) Allows for data providers to approve data requests in the public interest, as defined pursuant to Section 10861. (c) (1) The governing board shall be responsible for adopting best practice policies related to privacy and security, including creating policies, in accordance with federal and state law, governing the collection and use of personally identifiable information from data providers, which may include the creation of an “opt out” policy for students and families. (2) This section does not hinder the use of personally identifiable information for educator- and student-facing college guidance and planning tools, defined as operational tools in Section 10861. (d) The governing board shall provide oversight of the data system and operational direction to the managing entity to ensure the data system is serving its intended purpose. This may include, but is not limited to, all of the following activities: (1) Adopting an annual strategic plan and reviewing and revising that plan as needed. (2) Approving budget requests for inclusion in the governing board’s annual budget request. (3) Ensuring continued use of a user-centered design approach by the managing entity. (4) Reviewing and approving all of the following: (A) End user professional development, and technical assistance and communications plans, as developed by the managing entity. (B) An operational tools implementation plan, as developed by the managing entity. (C) Recommendations for topics to be included in reports to provide a neutral summary of information available in the data system. (D) Significant content changes to the analytical tools, such as dashboard visualizations and query builder data points. (5) Conducting data quality audits. (6) Providing for other audits and evaluations. (7) Adopting rules and exercising authority to promulgate regulations, including emergency regulations. (8) Any other activities necessary to further the intent of this chapter. (9) Providing regular reports to the Legislature and Governor related to the implementation of this chapter. The reports to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. (e) For purposes of compliance with the federal Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended), the governing board shall be designated as a state educational authority for purposes of ensuring privacy and effective use of the data system consistent with the purposes of this chapter. (f) The governing board may create any other policies and procedures necessary to further the intent of this chapter. (Amended by Stats. 2024, Ch. 736, Sec. 7. (AB 2723) Effective September 27, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10867. Source version: id_cb6bd6eb-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) The managing entity shall implement and manage the data system based on the direction set by the governing board. (b) The managing entity shall be responsible for all of the following: (1) Supporting the governing board, advisory boards, and data providers, including, but not limited to, all of the following: (A) Staffing the governing board, advisory boards, and associated meetings and processes. (B) Supporting the development and updating of the governance manual. (C) Onboarding new data providers, in partnership with the governing board chairperson. (D) Supporting the development of regulations and policies required to implement this chapter. (E) Providing analysis and recommendations, as necessary and appropriate, regarding all of the following: (i) Data points. (ii) Analytical and operational tools. (iii) Professional development, technical assistance, and communication plans. (F) Escalating issues regarding compliance, technical infrastructure, and data system implementation to the governing board, as appropriate and necessary for the furtherance of this chapter. (2) Managing administrative functions of the data system, including, but not limited to, all of the following: (A) Developing annual work plans, budget requests, and operational budgets. (B) Overseeing personnel and compensation, except for the appointment and compensation of the executive officer pursuant to Section 10866. (C) Ensuring regular reporting and external evaluations of the efficacy of the data system in fulfilling its purpose. (D) Entering into contracts and agreements, as needed to further this chapter. (3) Managing the technical infrastructure for analytical tools, including, but not limited to, doing all of the following: (A) Creating, procuring, managing, securing, and maintaining the infrastructure necessary to compile, match, store, access, and visualize information from data providers. (B) Creating data sets tailored to processes approved by the governing board. (C) Ensuring both of the following: (i) The availability, reliability, and performance of the technical infrastructure. (ii) Data privacy and security in accordance with state and federal law. (4) Implementing public educator- and researcher-facing tools and supporting their use by, including, but not limited to, doing all of the following: (A) Leading user-centered design and testing processes. (B) Providing information to the public using, among other tools, dashboards, query builders, and research libraries. (C) Providing information and resources that do both of the following: (i) Fosters evidence-based decisionmaking, strengthens analytical capacity to use available data tools, and enables users to understand structural factors that influence outcomes. (ii) Takes into account the needs of various users. (D) Engaging users by providing an ongoing channel for public input about the data system. (E) Providing neutral written summaries of information available through the data system related to the public good and fostering equitable opportunities and outcomes. (F) Monitoring and taking into account best practices related to longitudinal data systems, including participating in intrastate, interstate, and national data collection and policy efforts. (5) Scaling, expanding, operating, and maintaining operational tools, including, but not limited to, by doing all of the following: (A) Conducting an annual student experience audit related to navigating the transition from secondary education to higher education. (B) Addressing the requirements of paragraph (2) of subdivision (c) of Section 69432.9 relating to submitting pupil grade point averages for the purpose of evaluating eligibility for state and federal student financial aid. (C) Entering into a memorandum of understanding with the CCGI to deliver college planning and transition tools, which may include integrating college admissions and student financial aid applications and other integrations that streamline processes for students. (D) Entering into a memorandum of understanding with eTranscript California to deliver electronic transcripts and verification of eligibility for social services. (E) Within five years of the operative date of the act that adds this section, assessing the feasibility of subsuming the operation of operational tools that are currently administered by other agencies, and reporting findings to the governing board, the Legislature, and the Governor. The report to the Legislature shall be submitted in compliance with Section 9795 of the Government Code. (6) Providing training and technical assistance, including, but not limited to, all of the following: (A) Developing and curating all necessary technical documentation and resources to facilitate data submission. (B) Ensuring that all data-enabled tools are used by the intended audiences. (C) Promoting and training related to data literacy for use of the analytical tools. (7) Supporting data requests, among other activities, including, but not limited to, all of the following: (A) Determining if the content and the purpose of the request is sufficiently clear. (B) Aligning the request with available data and tools and advising the requestor of other similar analyses that have been conducted using the data system. (C) Advising the requestor on how best to access the information. (D) Determining and advising the requestor as to whether there are any legal impediments to the request, and supporting the requestor to identify legally appropriate options. (E) Coordinating the execution of legal agreements with data providers. (F) Contracting with the Committee for the Protection of Human Subjects for the California Health and Human Services Agency to serve as the institutional review board regarding the use of personally identifiable information. (G) Facilitating the timely resolution of concerns and the provision of data. (H) Ensuring that the data request process is accessible and transparent. This includes making the criteria for requests, the status for requests, and written responses to any requests that have been denied, publicly available and posted in a prominent location on the data system’s internet website. (8) Improving data quality by, among other activities, including, but not limited to, doing all of the following: (A) Coordinating issues related to data points and definitions to ensure the quality and reliability of source data provided by the data providers. (B) Consulting with the Chief Data Officer and data providers to identify standards that would improve the ability to share data across systems. (C) Regularly reviewing the efficacy and usability of tools, reports, and the user interface. (D) Working with the advisory boards established pursuant to subdivision (b) of Section 10865 to identify data points with data quality questions. (9) Ensuring routine and ongoing compliance with all applicable federal, state, and data provider specific laws and regulations. (10) Seeking opportunities to increase government efficiency that may include identifying duplications of effort across state agencies and public education systems, and identifying opportunities for clearer or more consistent messaging to students and families related to education pathways and transitions. (Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10868. Source version: id_cb6bfdfd-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. In furtherance of Section 10867, the managing entity may exercise all powers reasonably necessary to carry out and comply with the duties, requirements, and responsibilities of this chapter, including, but not limited to, both of the following: (a) Notwithstanding any other law, extending, expanding, or otherwise applying an alternative to existing state procurements for goods and services to further the intent of this chapter. (b) Contracting with national data service providers on behalf of data providers and the entities managing operational tools in order to provide for economies of scale and streamline processes for students. (Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10869. Source version: id_cb6bfdff-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. Notwithstanding Section 11010 of the Government Code, and the State Administrative Manual, the governing board and the managing entity may implement a data request fee policy to compensate for excessive use of the data system, to recover costs that would otherwise typically be borne by the requesting data researcher, or both. A data request fee policy implemented pursuant to this section shall be reviewed and approved by the governing board, revised periodically, and made publicly available and posted in a prominent location on the data system’s internet website. (Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10870. Source version: id_014093e8-8021-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) This section is intended to reduce redundancy, improve efficiency and transparency, and provide students, parents, and counselors with an easy to use, and simple to understand, one-stop automated process to provide all of the following: (1) Clear, concise, and consistent messaging and tools to increase and monitor student readiness for college admission and attendance. (2) A single point of entry to submit California college and university applications and applications for student financial aid, including the Free Application for Student Financial Aid and the California Dream Act Application. (3) Other technological efficiencies that shift the burden away from students and families and to the institutions serving them. (b) Operational tools, as defined by Section 10861, shall be provided by the data system for use by both of the following: (1) Public schools offering any of grades 6 to 12, inclusive, to facilitate college readiness and transition. (2) Institutions of higher education in the state, to facilitate streamlined application, admissions, assessments, and placements. (c) The requirements of subdivision (a) shall be phased in by July 27, 2026, based on a timeline to be developed by the governing board pursuant to subdivision (d) of Section 10866. (d) Notwithstanding Section 49073.1, a local educational agency shall not be required to issue a formal contract with a provider of operational tools, as defined in Section 10861. (Amended by Stats. 2024, Ch. 736, Sec. 8. (AB 2723) Effective September 27, 2024.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10871. Source version: id_cb6bfe03-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) (1) Data providers, as defined in Section 10861, shall contribute to the data system, at least annually, the data points contained in the P20W data set that each data provider agrees to contribute under the terms of its participation agreement with the managing entity. (2) Source data shall be consistent with data definitions and standards adopted by the governing board. Data providers shall make every effort to ensure source data is of the highest quality before submitting the data to the managing entity for inclusion in the data system. (b) The managing entity shall work with data providers to ensure data quality, in furtherance of paragraph (8) of subdivision (b) of Section 10867. (Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10872. Source version: id_466f1c3a-70e2-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. Notwithstanding any other law, records or source data contained in the data system shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2022, Ch. 28, Sec. 31. (SB 1380) Effective January 1, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10873. Source version: id_16092767-403b-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) (1) The managing entity shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees, prospective employees, contractors, subcontractors, and volunteers whose duties include or would include access to nonanonymized confidential information, personally identifiable information, personal health information, or financial information contained in the information systems and devices of the managing entity provided by the data providers for the purposes of creating longitudinal datasets in service of the data system. This information shall be submitted for purposes of obtaining information as to the existence and content of a record of state or federal convictions and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their recognizance pending trial or appeal. (2) The managing entity shall require a services contract, interagency agreement, or public entity agreement that includes or would include access to information described in paragraph (1), and entered into, renewed, or amended on or after July 1, 2021, to include a provision requiring the contractor to agree to criminal background checks on its employees, contractors, agents, or subcontractors who will have access to information described in paragraph (1) as part of their services contract, interagency agreement, or public entity agreement with the managing entity. (b) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to paragraph (1) of subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the managing entity. (c) The Department of Justice shall provide a state or federal level response to the managing entity pursuant to subdivision (p) of Section 11105 of the Penal Code. (d) The managing entity shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in paragraph (1) of subdivision (a). (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing requests pursuant to this section. (Amended by Stats. 2022, Ch. 571, Sec. 12. (AB 185) Effective September 27, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10874. Source version: id_cb6bfe09-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. Of the funds appropriated pursuant to Schedule (3) of Item 0511-001-0001 of the Budget Act of 2021, upon the order of the Director of Finance, two million four hundred fifty-two thousand dollars ($2,452,000) shall be transferred as follows: (a) One million seven hundred two thousand dollars ($1,702,000) to the State Department of Education. (b) One hundred fifty thousand dollars ($150,000) to the California Community Colleges. (c) One hundred fifty thousand dollars ($150,000) to the California State University. (d) One hundred fifty thousand dollars ($150,000) to the University of California. (e) One hundred fifty thousand dollars ($150,000) to the Student Aid Commission. (f) One hundred fifty thousand dollars ($150,000) to the Employment Development Department. (Added by Stats. 2021, Ch. 144, Sec. 8. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 7. JOINT PROGRAMS, SERVICES, AND POWERS (COUNTIES, SCHOOL DISTRICTS, AND HIGHER EDUCATION) [10000 - 11800] CHAPTER 8.5. California Cradle-to-Career Data System Act [10850 - 10875] ARTICLE 2. California Cradle-to-Career Data System [10860 - 10875] SECTION 10875. Source version: id_bd785a2c-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=7.&chapter=8.5.&article=2. (a) The data providers shall, and the University of California is requested to, enter into memoranda of understanding for data sharing purposes, as necessary, for the implementation of this chapter. (b) A signatory to the participation agreement meets the requirements of this section. (c) This section does not impose a requirement that differs from the requirement contained in former Section 10858, as it read on January 1, 2024. (Added by Stats. 2026, Ch. 79, Sec. 1. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 1. Allocation of Federal Funds and Federal Tax Credit Bond Volume Cap [12000 - 12002] SECTION 12000. Source version: id_b5253fb7-a434-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=1. (a) If, by any act of Congress, funds are provided as federal aid to education to the several states and the disposition of the funds is not otherwise provided for by or under the act of Congress or by or under any law of this state, the apportionment and distribution of those funds to school districts shall, insofar as consistent with the requirements prescribed by the federal law and implementing rules and regulations, be governed by the standards set forth in this article. (b) If a federal law designates a state educational agency or other agency or officer primarily responsible for state supervision of public schools, that designation shall be deemed to refer to the state board. The state board shall make timely application for any federal funds made available, and shall, pursuant to the federal law and this article, direct the allocation and apportionment of the federal funds to school districts. (c) The department and any other state agency that administers a grant or allocation of federal funds to a school district, shall allow an indirect cost rate, as that term is defined in Section 33338, that is not less than the indirect cost rate established by the department for each school district, unless federal law requires a lower indirect cost rate for school districts that receive federal funds. (d) For purposes of this section and Section 12001, “school districts” include school districts, county offices of education, and other educational agencies or entities deemed eligible pursuant to state and federal law. (Amended (as amended by Stats. 2012, Ch. 587, Sec. 1) by Stats. 2015, Ch. 344, Sec. 1. (AB 1064) Effective January 1, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 1. Allocation of Federal Funds and Federal Tax Credit Bond Volume Cap [12000 - 12002] SECTION 12001. Source version: id_15f652fa-47ea-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=1. The state board shall adopt rules and regulations for the allocation of federal funds to school districts entitled to receive federal funds for the support of schools. In determining the rules and regulations by which those allocations are to be made, the state board shall consider all factors of local effort and all educational programs maintained by those school districts. The rules and regulations adopted pursuant to this section shall be based upon need, and the state board shall carefully scrutinize the abilities and efforts of the affected school districts. (Amended by Stats. 2012, Ch. 162, Sec. 28. (SB 1171) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 1. Allocation of Federal Funds and Federal Tax Credit Bond Volume Cap [12000 - 12002] SECTION 12001.5. Source version: id_bfe93ded-3968-11df-977b-e0e461d2e7ec Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=1. (a) The Legislature hereby finds and declares that the federal tax credit bond volume cap for qualified school construction bonds designated for the state by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), together with Internal Revenue Service Notice 2009-35 issued pursuant thereto, does not constitute federal moneys, federal funds, or funds of any kind for any purpose under this code. (b) There is hereby assigned to the State Department of Education, seven hundred million dollars ($700,000,000) of the state’s 2009 federal tax credit bond volume cap for qualified school construction bonds, to be further assigned and distributed to or for the benefit of school districts and county offices of education in the state, as the State Department of Education shall determine. (c) (1) There is hereby assigned to the California School Finance Authority, established pursuant to Section 17172, seventy-three million five hundred twenty-five thousand dollars ($73,525,000) of the state’s 2009 federal tax credit bond volume cap for qualified school construction bonds, to be issued for the benefit of charter schools, or to be further assigned and distributed to one or more issuers in the state for the benefit of charter schools, as the authority shall determine. (2) The parameters specified in “Borrowing Authority Parameters and Application,” dated February 10, 2010, as developed by the California School Finance Authority and referenced in Resolution 10-04 of the authority, shall apply to all applications submitted to the California School Finance Authority for the state’s 2009 federal tax credit bond volume cap for qualified school construction bonds. If an applicant uses any 2009 federal tax credit bond volume cap in conjunction with a bond that will serve as a local match for purposes of the Charter School Facilities Program established by Section 17078.52, the applicant, in addition to the requirements of this section, shall comply with all of the requirements of the Charter School Facilities Program. (d) (1) Any of the state’s 2009 federal tax credit bond volume cap for qualified school construction bonds assigned to the State Department of Education pursuant to subdivision (b) that has not resulted in the issuance of qualified school construction bonds by December 31, 2009, shall be added to the state’s volume cap for 2010, in accordance with subsection (e) of Section 54F of the Internal Revenue Code, and assigned as set forth in this section. Those districts and county offices of education that received an assignment from the State Department of Education by December 31, 2009, and notification from the State Department of Education that they were granted an extension to issue bonds through March 31, 2010, shall have an additional 120 days from the effective date of this legislation to issue bonds. (2) Any of the state’s 2009 federal tax credit bond volume cap for qualified school construction bonds originally assigned to the State Department of Education in 2009 pursuant to subdivision (b) that does not result in the issuance of qualified school construction bonds within 120 days from the effective date of this legislation shall revert to the state, and shall be reallocated in accordance with the process established pursuant to state law for allocating the 2010 federal tax credit bond volume cap for qualified school construction bonds. (3) The department shall reassign to a school district any 2009 federal tax credit bond volume cap for qualified school construction bonds that was directly allocated to the district by the United States Internal Revenue Service pursuant to Internal Revenue Service Notice 2009-35, did not result in the issuance of qualified school construction bonds by December 31, 2009, and was reallocated by the district to the state no later than 30 days after the effective date of this section. The department shall grant the school district 120 days from the effective date of this section to issue the qualified school construction bonds. Any of the state’s federal tax credit bond volume cap for qualified school construction bonds assigned to a school district described in this paragraph that does not result in the issuance of qualified school construction bonds within 120 days from the effective date of this section shall revert to the state and shall be reallocated by the department in accordance with the process established pursuant to state law for allocating the 2010 federal tax credit bond volume cap for qualified school construction bonds. (e) (1) Any of the state’s 2009 federal tax credit bond volume cap for qualified school construction bonds assigned to the California School Finance Authority pursuant to subdivision (c) that has not resulted in the issuance of qualified school construction bonds by December 31, 2009, shall be added to the state’s volume cap for 2010, in accordance with subsection (e) of Section 54F of the Internal Revenue Code, and allocated as set forth in this section. Any charter school that received an allocation from the California School Finance Authority prior to December 31, 2009, shall retain its allocation pursuant to the resolution of the California School Finance Authority. (2) Any of the state’s 2009 federal tax credit bond volume cap for qualified school construction bonds originally allocated to the California School Finance Authority in 2009 pursuant to subdivision (c) that does not result in the issuance of qualified school construction bonds by December 31, 2010, shall be retained by the California School Finance Authority, and reallocated in accordance with the qualified school construction bond parameters established by the California School Finance Authority. (f) Notwithstanding any other provision of law, in order to further the purposes of the federal American Recovery and Reinvestment Act of 2009, and allow school districts to issue federal tax credit bonds as expeditiously as possible, the assignment and distribution of the federal tax credit bond volume cap by the State Department of Education and the California School Finance Authority under this section are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (g) It is the intent of the Legislature that the parameters and conditions adopted by the department and the California School Finance Authority be comparable where practical and applicable in order to ensure consistency and equity in the state level assignment and distribution of the federal tax credit bond volume cap, including, but not limited to, maximum tax credit amounts per project or school district. (h) Notwithstanding any other provision of this section, issuers within the state may issue qualified school construction bonds in any manner permitted by federal law, including, but not limited to, as tax credit bonds or federal subsidy bonds. (Added by Stats. 2010, Ch. 11, Sec. 2. (SB 205) Effective March 25, 2010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 1. Allocation of Federal Funds and Federal Tax Credit Bond Volume Cap [12000 - 12002] SECTION 12001.6. Source version: id_ce91a5ed-317d-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=1. (a) The Legislature hereby finds and declares that the federal tax credit bond volume cap for qualified school construction bonds designated to California by the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5), together with Internal Revenue Service Notice 2010-17 issued pursuant thereto, does not constitute federal moneys, federal funds, or funds of any kind for any purpose under this code. (b) The department is authorized to assign and distribute the state’s 2010 federal tax credit bond volume cap for qualified school construction bonds to or for the benefit of school districts and county offices of education in the state. (c) There is hereby assigned to the department six hundred fifty-one million six hundred fifty-two thousand dollars ($651,652,000) of the state’s 2010 federal tax credit bond volume cap for qualified school construction bonds. (1) A school district or county office of education may apply for the federal tax credit bond volume cap for qualified school construction bonds if the project is funded by local voter-approved bonds issued by the school district or bond anticipation notes as authorized by Section 15150. A county office of education and a school district with an enrollment of 2,500 or less may use other forms of financing with the submission of a resolution adopted by the county board of education or governing board of the school district authorizing the issuance of the financing. (2) A school district or county office of education that received a 2009 allocation but did not make any issuance may apply for 2010 federal tax credit bond volume cap for qualified school construction bonds nine months after the effective date of this section. (3) A school district or county office of education that received a 2009 or 2010 federal tax credit bond volume cap for qualified school construction bond allocation from the United States Department of the Treasury is not eligible to apply. (4) Five business days after the enactment Section 2 of Chapter 266 of the Statutes of 2010, the department shall post the application form on its Internet Web site. (A) An application must be submitted via certified mail. (B) An application shall not be postmarked until 30 business days after the enactment of Section 2 of Chapter 266 of the Statutes of 2010. (C) An application shall include the total number of enrolled pupils who qualify for the federal free and reduced price meal program and the total overall pupil enrollment for the 2008–09 school year. (5) An application not meeting the conditions set forth in paragraphs (1) and (4) shall be returned to the applicant. (6) Applications meeting the conditions set forth in paragraphs (1) and (4) shall be accepted on a first-come-first-served basis by date of postmark. If this program is oversubscribed, order of allocation shall be established using the following criteria: (A) First, earliest date of postmark. (B) Second, the project for which the federal qualified school construction bond authorization will be applied received approval from the Division of the State Architect before the application was submitted. (C) Third, the greater percentage of pupils who qualify for the federal free and reduced price meals program and are enrolled in the applying school district or county office of education in the 2008–09 school year. The department shall certify the number of pupils who qualify and the overall enrollment and calculate the percentage to the nearest one-hundredth of 1 percent. (7) The department shall authorize the 2010 federal tax credit bond volume cap for qualified school construction bonds no sooner than December 1, 2010. (8) The department shall maintain a waiting list of eligible school districts and county offices of education that did not receive an allocation in the order established pursuant to paragraph (6). (9) An applicant may not apply for more than twenty-five million dollars ($25,000,000) of 2010 federal tax credit bond volume cap for qualified school construction bonds. (10) A school district or county office of education applying for 2010 federal tax credit bond volume cap for qualified school construction bonds authorization shall certify in its application that it will fulfill all of the federal qualified school construction bond program requirements, including both of the following requirements: (A) Within six months of the date of issuance, the school district or county office of education shall enter into a contract or contracts for use of an amount of bond proceeds equal to 10 percent of the authorization. (B) Within three years of the date of issuance, the school district or county office of education shall spend 100 percent of the bond proceeds for a qualified purpose. (11) Fifteen days after bond issuance, the school district or county office of education shall submit to the department a copy of the appropriate federal Internal Revenue Service Form, Information Return for Tax-Exempt Bonds, as confirmation of issuance. (12) Thirty days after the completion of the expenditure the recipient shall submit a completion report to the department. The completion report must be certified by the bond counsel of the school district or county office of education. (13) If any or all of the federal qualified school construction bond authorizations to a school district or county office of education are not issued within six months from the date of authorization, any or all unused federal qualified school construction bond authorizations shall revert to the department. No extensions shall be provided. (A) The department shall reallocate any remaining federal qualified school construction bond allocation to school districts or county offices of education that were eligible and applied for the authorization but did not receive an allocation. (B) Reverted 2010 federal tax credit bond volume cap for qualified school construction bonds shall be allocated to school districts or county offices of education pursuant to the order of priority established by paragraph (6). (C) The department shall allocate reverted federal qualified school construction bond authorizations as they are available and until all are issued. (d) The California School Finance Authority, established pursuant to Section 17172, is authorized to assign and distribute the state’s 2010 federal tax credit bond volume cap for qualified school construction bonds to or for the benefit of charter schools, or to be further assigned and distributed to one or more issuers in the state for the benefit of charter schools, as determined by the authority. (1) There is hereby assigned to the California School Finance Authority, established pursuant to Section 17172, sixty-eight million four hundred six thousand dollars ($68,406,000) of the state’s 2010 federal tax credit bond volume cap for qualified school construction bonds, to be issued for the benefit of charter schools, or to be further assigned and distributed to one or more issuers in the state for the benefit of charter schools, as the authority shall determine. (2) A charter school may apply for the federal qualified school construction bond volume cap if it meets all of the following criteria: (A) The charter school is operated as, or is operated by, a nonprofit entity. (B) The charter school has an approved charter in place that is current at the time of application and continuously through the date of bond issuance. (C) The chartering authority certifies that the charter school is in good standing and is in compliance with the terms of its charter. (D) The charter school provides the level of classroom-based instruction specified in paragraph (1) of subdivision (e) of Section 47612.5. (E) The applicant has completed at least three full school years of instructional operation as a charter school as of the end of the previous school year. (3) Five business days after the effective date of this section, the California School Finance Authority shall post the application form and fee schedule on its Internet Web site. (4) An application shall not be postmarked until 30 business days after the effective date of this section. (5) Following a review of all applications and a preliminary award of borrowing authority, the California School Finance Authority shall ask applicants to provide additional information as necessary for the issuance of the bonds. (6) Applications that meet the conditions set forth in paragraph (2) shall be considered by the California School Finance Authority on a first-come-first-served basis by date of postmark. If the program is oversubscribed, staff shall present a priority list to the authority pursuant to paragraph (7). (7) If the program is oversubscribed, priority shall be assigned first to those charter schools that are best able to demonstrate to the California School Finance Authority, in its sole discretion, that they will be capable of accessing the capital markets or be privately placed with an investor. The order of allocation shall be established using the following criteria: (A) Applicants that are able to obtain credit enhancement for a qualified school construction bond financing, including a bank letter of credit, or contribute substantial equity to a project, or are otherwise able to obtain investment-grade credit ratings shall receive priority over other applicants. (B) If multiple applicants satisfy the criteria described in subparagraph (A), priority shall be assigned to applications with the earliest postmark date. An application that is hand delivered and does not have a postmark date will be ranked based on the time the application is received by the California School Finance Authority. (8) Applicants shall not apply for more than twenty-five million dollars ($25,000,000) of qualified school construction bond authorization per project. (9) Subsequent application cycles may be considered if borrowing authority for qualified school construction bonds remains available after the initial application period. (10) Subject to the sole discretion of the California School Finance Authority, authorization to borrow qualified school construction bond proceeds is contingent on the issuance of the qualified school construction bonds by December 31, 2011, after which time the authorization expires and the authority may allocate the authorization to another qualified applicant. (11) The California School Finance Authority shall allocate reverted federal qualified school construction bond authorization as it becomes available and until all of the authorization is issued. (12) If an applicant uses any federal tax credit bond volume cap in conjunction with a bond that will serve as a local match for purposes of the Charter School Facilities Program established by Section 17078.52, the applicant, in addition to the requirements of this section, shall comply with all of the requirements of the Charter School Facilities Program. (Amended by Stats. 2011, Ch. 296, Sec. 49. (AB 1023) Effective January 1, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 1. Allocation of Federal Funds and Federal Tax Credit Bond Volume Cap [12000 - 12002] SECTION 12001.7. Source version: id_e40beb7a-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=1. Notwithstanding any other law, if a charter school applies for the federal qualified school construction bond volume cap, or any other federal bond borrowing authority, the charter school shall notify, in writing and at least 30 days before submitting the application, the district superintendent of schools and the governing board of the school district in which the charter school is physically located of its intent to rehabilitate, encumber, or otherwise alter school district property. (Added by Stats. 2012, Ch. 80, Sec. 1. (AB 1859) Effective January 1, 2013.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 1. Allocation of Federal Funds and Federal Tax Credit Bond Volume Cap [12000 - 12002] SECTION 12002. Source version: id_cd960991-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=1. There is hereby created in the State Treasury the Auxiliary State School Fund. Any funds received under act of Congress as federal aid to education, and not required by such act or any law of this state to be otherwise deposited, may be deposited in the Auxiliary State School Fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 2. General Authority [12010 - 12011] SECTION 12010. Source version: id_cd960995-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=2. Whenever by the provisions of any act of Congress the act is to be administered in the state by the Superintendent of Public Instruction, Director of Education, Department of Education, State Board of Education, or any one or more of such officers, or agencies, the officers and agencies designated in the act of the Congress are authorized to administer the act in the state. Such officers and agencies are vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof in the administration of the act of Congress and rules and regulations lawfully adopted thereunder. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 2. General Authority [12010 - 12011] SECTION 12011. Source version: id_cd960997-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=2. (a) The Superintendent of Public Instruction may apply to the United States Office of Education for recognition as an accrediting agency for private vocational schools under his or her jurisdiction for the purposes of receiving federal funds. (b) If the Superintendent of Public Instruction is recognized by the federal government as an accrediting agency for private vocational schools under his jurisdiction, he or she may impose a fee for services performed in connection with such accreditation in an amount sufficient to cover the costs incurred by him or her in performing that function. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 3. Emergency School Construction and Federal Impact Aid [12020- 12020.] SECTION 12020. Source version: id_cd97903b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=3. The State Board of Education is designated as the state educational agency to carry out the purposes and provisions of Public Law 815 and Public Law 874 of the 81st Congress, and is vested with all necessary power and authority to perform all acts necessary to receive the benefits and to allocate the funds provided by the acts of Congress. (Amended by Stats. 1990, Ch. 1372, Sec. 97.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 4. Elementary and Secondary Education Act of 1965 and National Defense Education Act of 1958 [12030 - 12036] SECTION 12030. Source version: id_09e5abd5-fcca-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=4. The people of the State of California accept the provisions of, and each of the funds provided by, the act of Congress titled “An act to strengthen the national defense and to encourage and assist in the expansion and improvement of educational programs to meet critical national needs; and for other purposes” (National Defense Education Act of 1958), approved September 2, 1958, and the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), as amended by the federal Every Student Succeeds Act (Public Law 114–95). (Amended by Stats. 2018, Ch. 669, Sec. 5. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 4. Elementary and Secondary Education Act of 1965 and National Defense Education Act of 1958 [12030 - 12036] SECTION 12031. Source version: id_cd9916e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=4. In accepting the benefits of these acts of Congress, the people of the state agree to comply with all of their provisions and to observe all of their requirements. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 4. Elementary and Secondary Education Act of 1965 and National Defense Education Act of 1958 [12030 - 12036] SECTION 12032. Source version: id_3bb4d4bd-fcca-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=4. The state board is designated as the state educational agency to carry out the purposes and the provisions of these acts of Congress. The state board is hereby vested with authority to prepare and submit to the United States Secretary of Education any state plan required by these acts of Congress, to prepare and submit amendments to the state plans, and to administer the state plans or amendments thereto, in accordance with these acts of Congress and any rules and regulations adopted thereunder. The state board is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof in the administration of these acts of Congress and the rules and regulations adopted thereunder. (Amended by Stats. 2018, Ch. 669, Sec. 6. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 4. Elementary and Secondary Education Act of 1965 and National Defense Education Act of 1958 [12030 - 12036] SECTION 12033. Source version: id_cd9916e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=4. The State Treasurer is designated as the custodian of all funds received by the state from the government of the United States, or of any agency or agencies thereof, under these federal acts and he is authorized to receive and provide for the custody of all moneys so received. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 4. Elementary and Secondary Education Act of 1965 and National Defense Education Act of 1958 [12030 - 12036] SECTION 12034. Source version: id_cd9916e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=4. The funds received by the state under the provisions of these federal acts shall be paid out by the State Treasurer on warrants drawn by the Controller and requisitioned by the State Board of Education in carrying out the purposes of these federal acts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 4. Elementary and Secondary Education Act of 1965 and National Defense Education Act of 1958 [12030 - 12036] SECTION 12035. Source version: id_cd9916e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=4. The president or the administrative head of each community college and the State Nautical School may establish and administer student loan funds pursuant to the act of Congress known as the “National Defense Education Act of 1958. ” Money allocated for the purpose of establishing a student loan fund at the State Nautical School may be withdrawn from the State Treasury and deposited to the credit of that institution in a trust account in accordance with the provisions of Government Code Sections 16305 to 16305.7 for the purpose of making loans to students in accordance with the federal act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 4. Elementary and Secondary Education Act of 1965 and National Defense Education Act of 1958 [12030 - 12036] SECTION 12036. Source version: id_cd9a9d8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=4. It is in the interests of the state and of the people thereof for the state to provide money for student loan funds in public institutions of higher learning on the basis of an amount equal to not less than one-ninth of federal capital contributions to such student loan funds as provided by the National Defense Education Act of 1958 for needy students at these publicly supported institutions. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12050. Source version: id_cd9a9d8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. The people of the state accept the provisions of, and each of the funds provided by, the Carl D. Perkins Vocational Education Act (P.L. 98-524), the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 (P.L. 101-392; 20 U.S.C. Sec. 2301 and following), and any acts amending or succeeding those acts. (Amended by Stats. 1995, Ch. 758, Sec. 19. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12052. Source version: id_cd9c2431-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. In accepting the benefits of the acts of Congress referred to in Section 12050, the people of the state agree to comply with all of the provisions and to observe all of the requirements of those acts. (Amended by Stats. 1995, Ch. 758, Sec. 21. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12053. Source version: id_cd9c2433-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. (a) The State Board of Education is designated the state board of vocational education, which is the sole state agency responsible for the administration or the supervision of the state vocational education program, as required by the Carl D. Perkins Vocational Education Act (P.L. 98-524), the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990 (P.L. 101-392; 20 U.S.C. Sec. 2301 and following), and any acts amending or succeeding those acts. The State Board of Education is granted all necessary power and authority to carry out those provisions of federal law. (b) In recognition of the need for coordinated delivery of vocational education and training in California, the State Board of Education and the Board of Governors of the California Community Colleges shall enter into a memorandum of understanding, which shall do all of the following: (1) Provide for an advisory committee composed of an equal number of members of each board. (2) Assure shared planning and coordination. (3) Delegate to the Board of Governors of the California Community Colleges, in keeping with the requirements of federal law, the maximum responsibility in administration, operation, and supervision of policies and procedures related to community college vocational programs provided for in federal law. (c) In carrying out the provisions of federal law, the State Board of Education, prior to taking final action on any proposed policies, procedures, or allocations of funds, shall consider recommendations, if any, of the Board of Governors of the California Community Colleges and make a record of review and comment on the proposed policies, procedures, or allocations of funds. (Amended by Stats. 1995, Ch. 758, Sec. 22. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12054. Source version: id_cd9c2435-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. For the purpose of implementing the program set forth in Chapter 2.5 (commencing with Section 10650) of Part 2 of Division 9 of the Welfare and Institutions Code, funds available may be used to provide vocational education services to present and potential recipients of public assistance, to the extent permitted by federal law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12055. Source version: id_cd9c2437-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. The Vocational Education Federal Fund in the State Treasury is hereby created. All grants of money received by this state from the United States, the expenditure of which is administered under the provisions of Sections 12050 to 12054, inclusive, and Sections 12020, 12220, and 12300 to 12307, inclusive, on order of the State Controller, shall be deposited in the Vocational Education Federal Fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12056. Source version: id_cd9c2439-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. The State Treasurer, as required by the federal acts relating to vocational education referred to in Sections 12050 to 12054, inclusive, and Sections 12020, 12220, and 12300 to 12307, inclusive, shall receive and provide for the proper custody of all funds apportioned to the state under these acts. The amount received shall be deposited to the credit of the Vocational Education Federal Fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12057. Source version: id_cd9c243b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. The State Treasurer shall also receive and provide for the proper custody of all money appropriated by this article, of all money that may be hereafter appropriated for the purpose of carrying out the provisions of this article and of all money that may be received by the State Board of Education under the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12058. Source version: id_cd9daadd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. All funds appropriated by the state for vocational education shall be expended pursuant to the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12059. Source version: id_cd9daadf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. All money in the Vocational Education Federal Fund is hereby appropriated to the State Department of Education, without regard to fiscal years, for expenditure for the purposes for which the money deposited therein is made available by the United States for expenditure by the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 5. Vocational Education Acts [12050 - 12060] SECTION 12060. Source version: id_cd9daae1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=5. The Director of Finance and the State Controller may approve any general plan whereby: (a) Any expenditures which are a proper charge against money made available by the United States and deposited in the Vocational Education Federal Fund may be paid in the first instance from any appropriation from the General Fund, expenditures from which are administered under the provisions of Sections 12050 to 12054, inclusive, and Sections 12020, 12220, and 12300 to 12307, inclusive, and (b) The General Fund shall be reimbursed for expenditures made therefrom that are a proper charge against the Vocational Education Federal Fund. Such a general plan may provide for advance transfer from the Vocational Education Federal Fund to the General Fund, based on estimates of such expenditures that will be subject to reimbursement from the Vocational Education Federal Fund pursuant to such plan, and may provide for reimbursement to the Vocational Education Federal Fund when necessary. Requests for reimbursement or transfer pursuant to such a plan shall be furnished to the State Controller in writing by the Department of Education, accompanied by such financial statements as the plan may provide; and on order of the State Controller, the required amount shall be transferred in accordance therewith. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 6. Veterans’ Education [12090 - 12095] SECTION 12090. Source version: id_cd9daae5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=6. Subject to the provisions of this article, the State Department of Education acting by and through the Director of Education is hereby authorized to enter into an agreement, or agreements, with the Veterans Administration, or any other agency of the federal government, for the education of veterans in any of the schools of the public school system, except the California State University. The contract shall provide for the payment to the schools through the State Department of Education or otherwise of the maximum amount permitted by the act, or acts, of Congress under which the agreement, or agreements, is entered into by the Veterans Administration, or any other agency of the federal government. (Amended by Stats. 1983, Ch. 143, Sec. 12.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 6. Veterans’ Education [12090 - 12095] SECTION 12091. Source version: id_cd9f3187-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=6. The Director of Education is vested with all necessary power and authority to cooperate with any such agency of the federal government in the administration of any applicable act of Congress and rules and regulations adopted thereunder. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 6. Veterans’ Education [12090 - 12095] SECTION 12092. Source version: id_cd9f3189-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=6. The Department of Education through the Director of Education is authorized to enter into agreements with governing boards of school districts for the education by such districts of veterans in accordance with the agreement between the Department of Education and the agency of the federal government. (Amended by Stats. 1978, Ch. 380.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 6. Veterans’ Education [12090 - 12095] SECTION 12093. Source version: id_cd9f318b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=6. The governing board of any school district which entered into an agreement with the Department of Education under this article may do any and all things required or authorized by such agreement of the board or district, including, but not limited to, the purchase of books, supplies and equipment for veterans educated under such agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 6. Veterans’ Education [12090 - 12095] SECTION 12094. Source version: id_cd9f318d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=6. The Department of Education shall exercise general supervision over, and shall provide for the coordination of, all services and facilities performed and provided by school districts for the education of veterans to the end that the needs of the veterans shall be met in the most adequate manner. (Added by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 6. Veterans’ Education [12090 - 12095] SECTION 12095. Source version: id_cd9f318f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=6. The provisions of Sections 12020, 12220, and 12300 to 12307, inclusive, shall apply to all funds received by the state or any agency of the state under this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 7. Surplus Federal Property [12110 - 12117] SECTION 12110. Source version: id_cd9f3193-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=7. The State Department of Education is hereby designated as the California State Agency for Donated Food Distribution. (Amended by Stats. 1984, Ch. 196, Sec. 1. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 7. Surplus Federal Property [12110 - 12117] SECTION 12111. Source version: id_cda0b835-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=7. The California State Agency for Donated Food Distribution is authorized and directed to cooperate with the federal government and its agencies in securing the expeditious and equitable distribution of surplus food commodities donated by the federal government to public agencies, institutions, and organizations in California, to assist those public agencies, institutions, and organizations in securing those food commodities and to do all things necessary to the execution of its powers and duties. The state agency may enter into cooperative agreements with federal agencies to assist it in carrying out the purposes of this article. (Amended by Stats. 1984, Ch. 196, Sec. 2. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 7. Surplus Federal Property [12110 - 12117] SECTION 12112. Source version: id_cda0b837-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=7. Whenever by any act of Congress or any rule or regulation adopted thereunder the agency is authorized to accept, receive, or purchase for resale from the federal government or any agency thereof, or any state agency at the request of, and with the approval of, the Department of General Services, any food commodities and to provide for its disposition or resale, it is authorized to do so and is vested with all necessary power and authority to accomplish the acceptance, purchase, receipt, disposition and resale. The agency is hereby exempted from Article 2 (commencing with Section 14790) of Chapter 6 of Part 5.5 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1984, Ch. 196, Sec. 3. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 7. Surplus Federal Property [12110 - 12117] SECTION 12113. Source version: id_cda0b839-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=7. (1) The California State Agency for Donated Food Distribution in providing for the disposition of food commodities shall require the payment of such charges by the parties to whom food commodities are transferred as the agency estimates will reimburse the agency for the average costs of procuring, storing, handling, and disposing of those food commodities. All moneys received by the agency for charges under this section or its predecessor shall be paid into the State Treasury to the credit of the Donated Property Revolving Fund. The agency may reduce or eliminate charges on donated food commodities found not to be usable for the purpose for which procured. Any moneys found by the agency to be in excess of the costs incurred in procuring, storing, handling, and disposing of donated food commodities may, upon approval of the Department of Finance, be refunded to the parties from whom the moneys were received. Moneys refunded to the state agencies specified in subdivision (2) of this section shall be deposited in the State Treasury as provided in that subdivision. (2) Notwithstanding any other provision of law, (a) the State Department of Education, acting for state agencies supported principally from the General Fund, and (b) state agencies supported principally from a special fund of the State Treasury, shall deposit refunds received under subdivision (1) of this section to the credit of the state fund from which the state agency receives its principal support. The Department of Finance shall determine the fund from which the state agency receives its principal support. (Amended by Stats. 1984, Ch. 196, Sec. 4. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 7. Surplus Federal Property [12110 - 12117] SECTION 12114. Source version: id_cda0b83b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=7. Notwithstanding any other provision of law, any party receiving surplus food pursuant to this article which elects to take direct delivery thereof from the federal government shall be required to reimburse the agency only for the actual cost to the agency of processing the documents relating to each such direct delivery of surplus food. Any party electing to take direct delivery must demonstrate that party’s capability for the proper storage and distribution of the surplus food in accordance with regulations adopted by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 7. Surplus Federal Property [12110 - 12117] SECTION 12115. Source version: id_cda0b83d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=7. There is hereby created in the State Treasury the Donated Food Revolving Fund. The State Department of Education shall identify all assets in the Surplus Property Revolving Fund. The assets shall be separated by the State Department of Education into those assets which pertain to the Surplus Personal Property Program and those assets which pertain to the Donated Food Program. The unencumbered assets pertaining to surplus personal property will be transferred to the Department of General Services and deposited in the Surplus Personal Property Revolving Fund. The cash resources of the Donated Food Program shall be deposited into the Donated Food Revolving Fund. All costs of the California State Agency for Donated Food Distribution, including, but not limited to, costs of procuring, transporting, shipping, and storing surplus property or food commodities of the federal government or other agencies or individuals and its distribution to public agencies and other eligible institutions and organizations, costs of general assistance and real property procurement, and costs of consultant and contract services, shall be paid from this fund. The Donated Food Revolving Fund shall be reimbursed from the support appropriation for the agency for costs of general assistance and real property procurement in accordance with Sections 11251 and 11252 of the Government Code. The Surplus Property Revolving Fund shall cease to be a fund in the State Treasury when notification is received from the State Department of Education, verified by the Department of Finance, that all balances in the fund have been reduced to zero. (Amended by Stats. 1984, Ch. 196, Sec. 5. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 7. Surplus Federal Property [12110 - 12117] SECTION 12116. Source version: id_cda23edf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=7. The California State Agency for Donated Food Distribution may send representatives out of this state for the purpose of inspecting food commodities or conferring with federal and other state officials, provided the traveling and expenses have been approved by the Governor and by the Department of Finance. The out-of-state travel shall not come within the limitation imposed in Section 33335 or 71049. (Amended by Stats. 1984, Ch. 196, Sec. 6. Effective June 13, 1984. Operative July 1, 1984, by Sec. 8.5 of Ch. 196.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 7. Surplus Federal Property [12110 - 12117] SECTION 12117. Source version: id_7544da38-3ee8-11e6-976a-ea9f0138f43d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=7. (a) The State Agency for Donated Food Distribution may, without at the time furnishing vouchers or itemized statements, draw from the Donated Food Revolving Fund for use as a departmental revolving fund either of the following: (1) A sum not to exceed thirty thousand dollars ($30,000). (2) With the approval of the Department of Finance, a sum in excess of thirty thousand dollars ($30,000). (b) Any moneys withdrawn pursuant to subdivision (a) may only be used, in accordance with law and the Department of General Services rules, for payment of compensation earned, traveling expense, traveling expense advances, or where immediate payment is otherwise necessary. All disbursements from the revolving fund shall be substantiated by vouchers filed with and audited by the Controller. From time to time, disbursements, supported by vouchers, may be reported to the Controller in connection with claims for reimbursement of the departmental revolving fund. At any time upon the demand of the Department of Finance or the Controller, the revolving fund shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the Controller. (Amended by Stats. 2016, Ch. 31, Sec. 18. (SB 836) Effective June 27, 2016.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 8. Libraries [12130- 12130.] SECTION 12130. Source version: id_cda23ee5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=8. The California State Library is hereby named and designated as the proper state entity to accept, receive and administer any and all funds, moneys or library materials, granted, furnished, provided, appropriated, dedicated or made available by the United States or any of its departments, commissions, boards, bureaus or agencies for the purpose of giving aid to public libraries in the State of California. (Amended by Stats. 1987, Ch. 1452, Sec. 78.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 9. Review of Federal Fund Expenditures [12140 - 12143] SECTION 12140. Source version: id_cda3c589-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=9. It is the intent of the Legislature in enacting this article, consistent with the provisions added by Chapter 1284 of the Statutes of 1978, to provide greater oversight of, and to facilitate the scrutiny of, programs funded by moneys received from the federal government which are deposited in the State Treasury for expenditure by, and disbursement to, state and local educational agencies. (Added by Stats. 1979, Ch. 1113.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 9. Review of Federal Fund Expenditures [12140 - 12143] SECTION 12141. Source version: id_cda3c58b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=9. (a) Commencing with the 1979–80 fiscal year and each fiscal year thereafter, the Department of Education, in cooperation with the Department of Finance, shall prepare a comprehensive state plan, to be submitted to the Legislature by January 1st, detailing the prospective expenditure, allocation, and apportionment of federal funds to be appropriated for the next fiscal year pursuant to Section 13338.5 of the Government Code to all educational agencies in this state, including the Department of Education, receiving federal funds for their support. (b) Commencing with the 1982–83 fiscal year and each fiscal year thereafter, the state plan required by subdivision (a) of this section shall be prepared in the same form and be compatible with fiscal reporting requirements prescribed by subdivision (g) of Section 13337 of the Government Code. (Added by Stats. 1979, Ch. 1113.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 9. Review of Federal Fund Expenditures [12140 - 12143] SECTION 12142. Source version: id_cda3c58d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=9. (a) Commencing with the 1979–80 fiscal year and each fiscal year thereafter, the Department of Education, in cooperation with the Department of Finance, shall prepare a comprehensive report to be submitted to the Legislature by January 1st which sets forth in detail the manner in which all federal funds were allocated and apportioned to, and expended by, educational agencies in this state in the prior fiscal year. (b) Commencing with the 1982–83 fiscal year and each fiscal year thereafter, the report required by subdivision (a) of this section shall be prepared in the same form and be compatible with fiscal reporting requirements prescribed by subdivision (b) of Section 13300 of the Government Code. (Added by Stats. 1979, Ch. 1113.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 1. Administration of Federal Programs—State Board of Education [12000 - 12143] ARTICLE 9. Review of Federal Fund Expenditures [12140 - 12143] SECTION 12143. Source version: id_e3f11285-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=1.&article=9. The department shall submit to the Legislature, the Legislative Analyst’s Office, and the Governor the following two annual reports on federal funds for education in kindergarten and grades 1 to 12, inclusive: (a) One report, to be submitted no later than February 15 of each year, shall provide a three-year tracking of federal funds. For each federally funded program, the report shall include detail by type of funded activity (state administration, state-level activity, local assistance, and capital outlay) and state budget category (state operations, local assistance, and capital outlay). For each program, by type of funded activity and state budget category, the report shall include all of the following: (1) Actual expenditures for the prior year. (2) A revised estimate of current year expenditures. (3) The budget-year appropriation. (b) The other report, to be submitted no later than November 1 of each year, shall identify available federal carryover funds. Specifically, this report shall identify carryover funds, by fiscal year and potential reversion date, for each federally funded program by type of funded activity (state administration, state-level activity, local assistance, and capital outlay) and state budget category (state operations, local assistance, and capital outlay). (Added by Stats. 2008, Ch. 757, Sec. 2. Effective September 30, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 2. Administration of Federal Programs—Board of Governors [12200 - 12220] ARTICLE 1. Programs Prior to 1967 [12200- 12200.] SECTION 12200. Source version: id_cda54c33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=2.&article=1. The State Board of Education is vested with all necessary power and authority to perform all acts necessary to authorize governing boards of districts maintaining community colleges to receive the benefits and to expend the funds provided by any acts of Congress under which districts maintaining community colleges may be eligible to receive benefits, including, but not limited to, Title VII of the Housing Act of 1961 (Public Law 87-70), as amended, and any of the acts of Congress referred to in this chapter. The board is vested with all necessary power and authority to authorize districts maintaining community colleges to cooperate with the government of the United States, or any agency or agencies thereof, for the purpose of receiving the benefits and expending the funds provided by said acts of Congress, or any rules or regulations adopted thereunder, or any state plan or rules or regulations of the California Postsecondary Education Commission adopted in accordance with any of said acts of Congress under which the California Postsecondary Education Commission is designated in this chapter as the state educational agency. Whenever necessary to secure the full benefits of said acts of Congress, the governing board may give such security as may be required and may comply with such conditions as may be imposed by the federal government. The funds received by the district under the provisions of said acts of Congress shall be deposited in the county treasury as provided for in Section 84001. This section shall be applicable to only those acts of Congress which have been enacted prior to January 1, 1967. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 2. Administration of Federal Programs—Board of Governors [12200 - 12220] ARTICLE 3. General Authority [12220- 12220.] SECTION 12220. Source version: id_cda6d2d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=2.&article=3. Whenever by the provisions of any act of Congress the act is to be administered in the state by the Board of Governors of the California Community Colleges, or any one or more of the officers, or agencies, the officers and agencies designated in the act of the Congress are authorized to administer the act in the state. The officers and agencies are vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof in the administration of the act of Congress and rules and regulations lawfully adopted thereunder. (Amended by Stats. 1990, Ch. 1372, Sec. 99.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12300. Source version: id_cda8597f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. Notwithstanding any provisions of Section 12020, 12220, and 12300 to 12307, inclusive, whenever by any act of Congress funds are provided as federal aid to education to the several states for apportionment or allocation to school districts or community college districts for the purposes set forth in this section, and such act of Congress does not require that it be administered in this state by a state officer or agency other than the State Allocation Board, such act, with respect to the funds herein mentioned, shall be administered and such funds shall be apportioned by the State Allocation Board under the Local Agency Allocation Act. The funds to which this section shall apply are funds appropriated by Congress for (a) the purchase and improvement of school sites; or (b) the purchase of furniture and equipment; or (c) the planning and construction, reconstruction, repair, alteration of, and addition to, school buildings and incidental facilities. The State Allocation Board shall by rule provide for securing the recommendations or approval of the Department of Education or the Board of Governors of the California Community Colleges, as the case may be, as to the facilities to be provided. Funds apportioned under this section shall be paid in accordance with the provisions of Section 12302 on claims submitted by the Director of General Services. The State Allocation Board is hereby authorized to accept any such funds on behalf of the state, and to cooperate with the government of the United States or any agency or agencies thereof in the administration of the act of Congress and rules and regulations lawfully adopted thereunder. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12301. Source version: id_cda85981-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. The State Treasurer is designated as the custodian of all funds received by the state from the government of the United States or of any agency or agencies thereof and he is authorized to receive, and provide for the proper custody of, all moneys so received. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12302. Source version: id_cda85983-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. The funds received by the state under Sections 12020, 12220, and 12300 to 12307, inclusive, shall be expended by the officers or agency administering the program to carry out the provisions of the act of the Congress and rules and regulations lawfully adopted thereunder. These funds are exempt from Section 925.6 of the Government Code and shall be paid out by the Treasurer on warrants drawn by the Controller on claims submitted by the Superintendent of Public Instruction or the Board of Governors of the California Community Colleges. (Amended by Stats. 1990, Ch. 1372, Sec. 100.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12303. Source version: id_cda85985-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. The assent of the state is given to the provisions in the act of Congress entitled “An act to promote the mining of potash on the public domain,” and approved by the President February 7, 1927, and to the provisions of the act of Congress entitled “An act to authorize exploration for and disposition of potassium,” approved by the President October 2, 1917. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12304. Source version: id_cda85987-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. All money derived from bonuses, royalties, and rentals under the provisions of the acts of Congress referred to in Section 12303, or either of said acts, and apportioned under the acts, or either of said acts, to the state shall be received by the State Treasurer and by him paid to the school districts and community college districts of the state as provided in Sections 12303 to 12307, inclusive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12305. Source version: id_cda9e029-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. The money shall be apportioned among the school districts and community college districts in which potash leases or deposits are situated in the proportion which the total amount of rents, royalties, and other payments made to the United States from potash leases or deposits in each district bears to the total amount paid to the United States from leases or deposits in all districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12306. Source version: id_cda9e02b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. If any potash deposit or lease or any part thereof is wholly located within the boundaries of two or more elementary, high or unified school districts, or community college districts, the districts shall share equally in the apportionments made under Section 12305 which are attributable to the lease or deposit or part thereof situated within their boundaries. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12306.5. Source version: id_46c16db1-6c2a-11dc-bfc4-d021d09ce77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. Notwithstanding any other provision in this article or Section 2795 of the Public Resources Code, the Controller shall apportion money received pursuant to Section 12304 for potash deposits located in the Trona Joint Unified School District and the Kern Community College District as follows: (a) Kern Community College District shall receive 15 percent of the total apportionment. (b) Trona Joint Unified School District shall receive 85 percent of the total apportionment. (Amended by Stats. 1987, Ch. 124, Sec. 1. Effective July 6, 1987. Applicable from July 1, 1986, by Sec. 2 of Ch. 124.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 1. State Allocation Board [12300 - 12307] SECTION 12307. Source version: id_cda9e02f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=1. The payments shall be deposited in the general fund of the districts and shall be in addition to any other moneys paid or credited to the districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 3. Administration of Federal Programs—Other Agencies [12300 - 12320] ARTICLE 2. State Treasurer [12320- 12320.] SECTION 12320. Source version: id_cdab66d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=3.&article=2. The assent of the state is given to the provisions in the act of Congress entitled “An act to promote the mining of coal, phosphate, oil, oil shale, gas and sodium on the public domain,” and approved by the President, February 25, 1920. All money derived from bonuses, royalties, and rentals under the act of Congress referred to in this section and apportioned under the act to the state, shall be received by the State Treasurer and by him credited to the State School Fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 4. Participation in Federal Programs [12400 - 12405] SECTION 12400. Source version: id_cdab66d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=4.&article= The governing board of a school district on behalf of any school maintained by the district and any county superintendent of schools are vested with all necessary power and authority to perform all acts necessary to receive the benefits and to expend the funds provided by any act of Congress heretofore or hereafter enacted, and with all necessary power and authority to cooperate with, or enter into agreements with, the government of the United States, or any agency or agencies thereof, and with the State Board of Education and with other school districts and private or public nonprofit organizations for the purpose of receiving the benefits and expending the funds provided by the acts of Congress, in accordance with the acts, or any rules or regulations adopted thereunder, or any state plan or rules or regulations of the State Board of Education adopted in accordance with the acts of Congress. Participation may also include the expenditure by the governing board of any school district or the county superintendent of schools of whatever funds may be required by the federal government as a condition to participation. Participation in the act of Congress known as the “Emergency Employment Act of 1971” (P.L. 92-54) may be undertaken notwithstanding Section 44858. (Amended by Stats. 1995, Ch. 758, Sec. 24. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 4. Participation in Federal Programs [12400 - 12405] SECTION 12401. Source version: id_cdab66d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=4.&article= To the extent permitted by, and pursuant to, federal law, agreements may be entered into by the governing board of a school district without prior approval of the State Board of Education. (Amended by Stats. 1990, Ch. 1372, Sec. 102.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 4. Participation in Federal Programs [12400 - 12405] SECTION 12402. Source version: id_cdab66db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=4.&article= The governing board of a school district, on behalf of any school maintained by the district, and any county superintendent of schools, is vested with all necessary power and authority to perform all acts necessary, provided the acts are consistent with other provisions contained in this code, to implement nutrition programs for the elderly, so long as there is available funding for the programs. Nutrition programs for the elderly shall include, but shall not be limited to, programs authorized pursuant to the McCarthy-Kennick Nutrition Program for the Elderly Act of 1972 as provided by Chapter 5.5 (commencing with Section 18325) of Part 6 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 1990, Ch. 1372, Sec. 103.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 4. Participation in Federal Programs [12400 - 12405] SECTION 12403. Source version: id_cdab66dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=4.&article= All acts or proceedings heretofore taken, in connection with receiving the benefits or expending the funds provided by these acts of Congress are hereby ratified and confirmed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 4. Participation in Federal Programs [12400 - 12405] SECTION 12405. Source version: id_cdaced7f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=4.&article= The governing board of any school district is authorized to accept the provisions of any act of Congress under which federal funds are available for purposes of this chapter, and may participate in any program provided thereunder in order to accept and expend the federal funds pursuant to the act of Congress and this chapter. Participation may include the expenditure by the district of whatever funds may be required by the federal government as a condition to participation. (Amended by Stats. 1990, Ch. 1372, Sec. 105.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 1. Interstate Agreement on Qualification of Educational Personnel [12500 - 12501] SECTION 12500. Source version: id_cdaced85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=1. The Interstate Agreement on Qualification of Educational Personnel is hereby entered into with all jurisdictions joining therein, in the form as follows: Article I. Purpose, Findings, and Policy 1. The states party to this agreement, desiring by common action to improve their respective school systems by utilizing the teacher or other professional educational person wherever educated, declare that it is the policy of each of them, on the basis of cooperation with one another, to take advantage of the preparation and experience of such persons wherever gained, thereby serving the best interests of society, of education, and of the teaching profession. It is the purpose of this agreement to provide for the development and execution of such programs of cooperation as will facilitate the movement of teachers and other professional educational personnel among the states party to it, and to authorize specific interstate educational personnel contracts to achieve that end. 2. The party states find that included in the large movement of population among all sections of the nation are many qualified educational personnel who move for family and other personal reasons but who are hindered in using their professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel, without reference to their states of origin, can increase the available educational resources. Participation in this compact can increase the availability of educational manpower. Article II. Definitions As used in this agreement and contracts made pursuant to it, unless the context clearly requires otherwise: 1. “Educational personnel” means persons who must meet requirements pursuant to state law as a condition of employment in educational programs. 2. “Designated state official” means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this agreement. 3. “Accept,” or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state. 4. “State” means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico. 5. “Originating state” means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article III. 6. “Receiving state” means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article III. Article III. Interstate Educational Personnel Contracts 1. The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this agreement. A designated state official may enter into a contract pursuant to this article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state. 2. Any such contract shall provide for: (a) Its duration. (b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state. (c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards. (d) Any other necessary matters. 3. No contract made pursuant to this agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods. 4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954. 5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state. 6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states. Article IV. Approved and Accepted Programs 1. Nothing in this agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state. 2. To the extent that contracts made pursuant to this agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract. Article V. Interstate Cooperation The party states agree that: 1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article III of this agreement. 2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification. Article VI. Agreement Evaluation The designated state officials of any party state may meet from time to time as a group to evaluate progress under the agreement, and to formulate recommendations for changes. Article VII. Other Arrangements Nothing in this agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel. Article VIII. Effect and Withdrawal 1. This agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this agreement. 2. Any party state may withdraw from this agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. 3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms. Article IX. Construction and Severability This agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the Constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the Constitution of any state participating therein, the agreement shall remain in full force and effect as to the state affected as to all severable matters. (Repealed and added by Stats. 1981, Ch. 18, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 1. Interstate Agreement on Qualification of Educational Personnel [12500 - 12501] SECTION 12501. Source version: id_72343197-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=1. The “designated state official” for this state shall be the Superintendent. The Superintendent shall enter into contracts pursuant to Article III of the agreement only with the approval of the specific text of the contract by the state board. (Amended by Stats. 2021, Ch. 666, Sec. 3. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 2. Compact for Education [12510 - 12515.5] SECTION 12510. Source version: id_cdaff9cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=2. The Compact for Education is hereby entered into with all jurisdictions joining therein, in the form as follows: Article I. Purpose and Policy (a) It is the purpose of this compact to: 1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels. 2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education. 3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education. 4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities. (b) It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states. (c) The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states. Article II. State Defined As used in this compact, “state” means a state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. Article III. The Commission (a) The Educational Commission of the States, hereinafter called “the commission,” is hereby established. The commission shall consist of seven members representing each party state. One of such members shall be the governor, two shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and four shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, six members shall be appointed and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration. (b) The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to Article IV and adoption of the annual report pursuant to Article III(j). (c) The commission shall have a seal. (d) The commission shall elect annually, from among its members, a chairman, who shall be a governor, a vice chairman and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary. (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission. (f) The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party jurisdictions or their subdivisions. (g) The commission may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation, or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this article shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant, or services borrowed, and the identity of the donor or lender. (h) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein. (i) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendments thereto, with the appropriate agency or officer in each of the party states. (j) The commission annually shall make to the governor and legislature of each party state a report covering the activities of the commission for the preceding year. The commission may make such additional reports as it may deem desirable. Article IV. Powers In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to: 1. Collect, correlate, analyze and interpret information and data concerning educational needs and resources. 2. Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration, and instructional methods and standards employed or suitable for employment in public educational systems. 3. Develop proposals for adequate financing of education as a whole and at each of its many levels. 4. Conduct or participate in research of the types referred to in this article in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education, and other agencies and institutions, both public and private. 5. Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials. 6. Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact. Article V. Cooperation with Federal Government (a) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed 10 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission. (b) The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest. Article VI. Committees (a) To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of 32 members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee shall consist of governors, one-fourth shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of two years, except that members elected to the first steering committee of the commission shall be elected as follows: 16 for 1 year and 16 for 2 years. The chairman, vice chairman, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than two terms as a member of the steering committee; provided that service for a partial term of one year or less shall not be counted toward the two-term limitation. (b) The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to two or more of the party states. (c) The commission may establish such additional committees as its bylaws may provide. Article VII. Finance (a) The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. (b) The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula that takes equitable account of the populations and per capita income levels of the party states. (c) The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it pursuant to Article III(g) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it pursuant to Article III(g) thereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same. (d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission. (e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission. (f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission. Article VIII. Eligible Parties; Entry Into and Withdrawal (a) This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term “governor,” as used in this compact, shall mean the closest equivalent official of such jurisdiction. (b) Any state or other eligible jurisdiction may enter into this compact and it shall become binding thereon when it has adopted the same; provided that in order to enter into initial effect, adoption by at least 10 eligible party jurisdictions shall be required. (c) Adoption of the compact may be either by enactment thereof or by adherence thereto by the governor; provided that in the absence of enactment, adherence by the governor shall be sufficient to make his state a party only until December 31, 1967. During any period when a state is participating in this compact through gubernatorial action, the governor shall appoint those persons who, in addition to himself, shall serve as the members of the commission from his state, and shall provide to the commission an equitable share of the financial support of the commission from any source available to him. (d) Except for a withdrawal effective on December 31, 1967, in accordance with paragraph (c) of this article, any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. Article IX. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the application thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. (Repealed and added by Stats. 1981, Ch. 18, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 2. Compact for Education [12510 - 12515.5] SECTION 12511. Source version: id_cdb1806d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=2. Pursuant to subdivision (i) of Article III of the compact, the commission shall file a copy of its bylaws and any amendment thereto with the Department of Education. (Amended by Stats. 1998, Ch. 829, Sec. 20. Effective January 1, 1999.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 2. Compact for Education [12510 - 12515.5] SECTION 12512. Source version: id_cdb1806f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=2. The Member of the Assembly who shall serve upon the Educational Commission of the States representing the State of California shall be selected by the Speaker of the Assembly, and the Member of the Senate who shall serve thereon shall be selected by the Senate Committee on Rules. Each legislative member shall serve at the pleasure of the appointing power. For the purposes of this chapter, such Members of the Legislature shall constitute a joint interim legislative committee on the subject of this chapter and shall have the powers and duties imposed upon such committees by the Joint Rules of the Senate and Assembly. (Repealed and added by Stats. 1981, Ch. 18, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 2. Compact for Education [12510 - 12515.5] SECTION 12513. Source version: id_cdb18071-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=2. At the same time as the report rendered to the governors and legislatures of the states is made available in California pursuant to subdivision (j) of Article III of the compact, the California delegation to the Educational Commission of the States shall submit to the Governor and to the Legislature of this state a summary of its views that differ from the recommendations submitted by the Educational Commission of the States. (Repealed and added by Stats. 1981, Ch. 18, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 2. Compact for Education [12510 - 12515.5] SECTION 12514. Source version: id_cdb18073-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=2. The members of the California delegation to the Educational Commission of the States shall receive no salary, but shall receive actual and necessary expenses incurred in fulfilling their duties. (Repealed and added by Stats. 1981, Ch. 18, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 2. Compact for Education [12510 - 12515.5] SECTION 12515. Source version: id_cdb18075-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=2. Notwithstanding any provisions of the Compact for Education set out in Section 12510 to the contrary, the four persons to be appointed by the Governor of California to serve as members of the Educational Commission of the States, shall be the following: (a) Either a member of the State Board of Education, or a member of a local school district governing board. (b) Either the Superintendent of Public Instruction, or another individual representing the public school system of this state or private elementary and secondary schools of this state. (c) An individual representing the public institutions of higher education in this state. (d) An individual representing the private institutions of higher education in this state. (Repealed and added by Stats. 1981, Ch. 18, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8. PARTICIPATION IN FEDERAL PROGRAMS AND INTERSTATE AGREEMENTS [12000 - 12515.5] CHAPTER 5. Interstate Agreements [12500 - 12515.5] ARTICLE 2. Compact for Education [12510 - 12515.5] SECTION 12515.5. Source version: id_cdb18077-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.&chapter=5.&article=2. For the 1981–82 fiscal year and each fiscal year thereafter, funding for the purpose of payment of annual dues for the support of the Educational Commission of the States shall be provided within the annual Budget Act appropriation to the State Department of Education. (Repealed and added by Stats. 1981, Ch. 18, Sec. 2.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8.5. THE CALIFORNIA CIVIL LIBERTIES PUBLIC EDUCATION ACT [13000 - 13030] CHAPTER 1. General [13000- 13000.] SECTION 13000. Source version: id_74a95049-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.5.&chapter=1.&article= (a) This part shall be known and may be cited as the California Civil Liberties Public Education Act. The purpose of the California Civil Liberties Public Education Act is to sponsor public educational activities and the development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of citizens and permanent residents of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood. (b) The Legislature finds and declares that the federal Commission on Wartime Relocation and Internment of Civilians (CWRIC) was established by Congress in 1980 to “review the facts and circumstances surrounding Executive Order 9066, issued in February 19, 1942, and the impact of such Executive Order on American citizens and permanent residents... and to recommend appropriate remedies.” The CWRIC issued a report of its findings in 1983 with the reports “Personal Justice Denied” and “Personal Justice Denied-Part II, Recommendations.” The reports were based on information gathered “through 20 days of hearings in cities across the country, particularly the West Coast, hearing testimony from more than 750 witnesses: evacuees, former government officials, public figures, interested citizens, and historians and other professionals who have studied the subjects of Commission inquiry.” (c) The lessons to be learned from the internment of Japanese Americans during World War II are embodied in “Personal Justice Denied-Part II, Recommendations.” The CWRIC concluded as follows: “In sum, Executive Order 9066 was not justified by military necessity, and the decisions that followed from it-exclusion, detention, the ending of detention and the ending of exclusion-were not founded upon military considerations. The broad historical causes that shaped these decisions were race prejudice, war hysteria, and a failure of political leadership. Widespread ignorance about Americans of Japanese descent contributed to a policy conceived in haste and executed in an atmosphere of fear and anger at Japan. A grave personal injustice was done to the American citizens and residents of Japanese ancestry who, without individual review or any probative evidence against them were excluded, removed and detained by the United States during World War II.” (d) The Legislature finds and declares that President Ronald Reagan signed into law the federal Civil Liberties Act of 1988 and declared during the signing ceremony that, “This is a great day for America.” In that act the Congress declared as follows: “The Congress recognizes that, as described in the Commission on Wartime Relocation and Internment of Civilians, a grave injustice was done to both citizens and permanent residents of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. As the Commission documents, these actions were carried out without adequate security reasons and without any acts of espionage or sabotage documented by the Commission, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the Congress apologizes on behalf of the Nation.” (e) The Legislature further finds and declares that, just as in 1942 when President Franklin Roosevelt issued Executive Order 9066 calling for the exclusion and incarceration of Japanese Americans as national security threats, so in 2017 President Donald Trump has issued executive orders calling for a travel ban for immigrants and refugees from Muslim-majority countries on the basis of national security. Moreover, during the 2016 presidential campaign, President Trump called for “a total and complete shutdown of Muslims entering the United States,” as well as for a national Muslim registry. These actions and proposed actions made 75 years after the issuance of Executive Order 9066 highlight the ongoing need for public educational activities and the development of educational materials to ensure that the exclusion and incarceration of Japanese Americans will not only be remembered, but also properly understood, so that no group or community is ever again unjustly targeted as Japanese Americans were during World War II. (Amended by Stats. 2021, Ch. 296, Sec. 13. (AB 1096) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8.5. THE CALIFORNIA CIVIL LIBERTIES PUBLIC EDUCATION ACT [13000 - 13030] CHAPTER 2. California Civil Liberties Public Education Grant Program [13015 - 13030] SECTION 13015. Source version: id_04f3ba9e-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.5.&chapter=2.&article= (a) The State Librarian shall allocate grants pursuant to the program established by this part. The grants awarded under the program shall be awarded on a competitive basis. (b) The State Librarian may contract with service providers or vendors to further the intent of the program established by this part. (c) An advisory panel is hereby established and will be appointed to evaluate and make recommendations to the State Librarian based on grant applications. The members of the advisory panel shall be appointed as follows: (1) The Governor shall appoint five members. (2) The Speaker of the Assembly shall appoint two members. (3) The Senate Committee on Rules shall appoint two members. (d) The State Librarian shall award grants for applications that meet all of the following criteria: (1) Applicants demonstrate the capability to administer and complete the proposed project within specified deadlines and within the specified budget. (2) Applicants have the experience, knowledge, and qualifications to conduct quality educational activities regarding the exclusion and detention of Japanese Americans during World War II and to link that period of history with current civil liberties challenges, including, but not limited to, civil rights violations or civil liberties injustices that are perpetrated on the basis of an individual’s race, national origin, immigration status, religion, gender, or sexual orientation. (3) Projects link the Japanese American exclusion and detention experience with the experiences of other communities or populations so that the cause and circumstances of this and similar violations of civil rights or acts of injustice may be illuminated and understood and link those experiences with current civil liberties challenges, including, but not limited to, civil liberties injustices that are perpetrated on the basis of an individual’s race, national origin, immigration status, religion, gender, or sexual orientation. (4) Projects are designed to maximize the long-term educational impact of this chapter. (5) Projects build upon, contribute to, and expand upon the existing body of educational and research materials on the exclusion and detention of Japanese Americans during World War II or similar violations of civil rights or acts of injustice carried out against a particular community or population. (6) Projects include the variety of experiences regarding the exclusion and detention of Japanese Americans and its impact before, during, and after World War II, including those Japanese Americans who served in the military and those who were incarcerated in Department of Justice camps, and link those experiences with current civil liberties challenges, including, but not limited to, civil liberties injustices that are perpetrated on the basis of an individual’s race, national origin, immigration status, religion, gender, or sexual orientation. (e) Applicants for grants pursuant to this section are encouraged to do each of the following: (1) Involve former detainees, those excluded from the military area, and their descendants in the development and implementation of projects. (2) Involve individuals and their descendants from communities or populations that have experienced civil rights violations or acts of injustice in the development and implementation of projects. (3) Develop a strategy and plan for raising the level of awareness and understanding among the American public regarding the exclusion and detention of Japanese Americans during World War II so that the causes and circumstances of this and similar events may be illuminated and understood. (4) Develop a strategy and plan in the development and implementation of projects for raising the level of awareness and understanding among the American public regarding current civil liberties challenges, including, but not limited to, civil rights violations or civil liberties injustices that are perpetrated on the basis of an individual’s race, national origin, immigration status, religion, gender, or sexual orientation. (5) Develop a strategy and plan for reaching the broad, multicultural population through project activities. (6) Develop local and regional consortia of organizations and individuals engaged in similar educational, research, and development efforts. (7) Coordinate and collaborate with organizations and individuals engaging in similar educational, research, and development endeavors to maximize the effect of projects. (8) Utilize creative and innovative methods and approaches in the research, development, and implementation of their projects. (9) Seek matching funds, in-kind contributions, or other sources of support to supplement their proposal. (10) Use a variety of media, including new technology, and the arts to creatively and strategically appeal to a broad American public while enhancing and enriching community-based educational efforts. (11) Include in the grant application scholarly inquiry related to the variety of experiences and impact of the exclusion and detention of persons of Japanese ancestry during World War II, as well as its relationship to the experience of other populations so that the causes, circumstances, lessons, and contemporary applications of this and similar events will be illuminated and understood. (12) Include in the grant application scholarly inquiry related to the variety of experiences and impact of civil rights violations or acts of injustice carried out against a particular community or population, as well as their relationship to the experience of other communities or populations so that the causes, circumstances, lessons, and contemporary applications of this and similar events will be illuminated and understood. (13) Add relevant materials to or catalogue relevant materials in libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides, oral histories, and other resource directories and supporting the continued development of scholarly work on this subject by making a broad range of archival, library, and research materials more accessible to the American public. (f) The State Librarian may adopt other criteria as he or she deems appropriate for his or her review of grant proposals. In reviewing projects for funding, scoring shall be based on an evaluation of all application materials: narratives, attachments, support letters, supplementary materials, and other materials that may be requested of applicants. (Amended by Stats. 2017, Ch. 292, Sec. 2. (AB 491) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8.5. THE CALIFORNIA CIVIL LIBERTIES PUBLIC EDUCATION ACT [13000 - 13030] CHAPTER 2. California Civil Liberties Public Education Grant Program [13015 - 13030] SECTION 13020. Source version: id_11568160-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.5.&chapter=2.&article= (a) In the review process, the State Librarian shall assign the following order of priority to the criteria set forth in subdivision (d) of Section 13015: (1) Criteria set forth in paragraphs (1) to (4), inclusive, shall be given highest priority. (2) Criteria set forth in paragraphs (5) and (6) shall be given second priority. (b) The State Librarian shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill its program and mission. Final grant awards may be for the full amount of the grant requests or for a portion of the grant request. (c) Applicants for grants pursuant to this section may include any of the following: (1) Nonprofit organizations exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code, including, but not limited to, cultural institutions, arts organizations, and community organizations. (2) Four-year colleges and universities. (3) Individual artists, writers, journalists, scholars, and educators who are fiscally sponsored by nonprofit organizations exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. (4) Units of government. (5) Consortia composed of any of the entities described in paragraphs (1) to (4), inclusive. (d) Grants allocated pursuant to this section shall be provided for the general purpose of establishing a legacy of remembrance as part of a continuing process of recovery from World War II exclusion and detention, as well as similar civil rights violations or civil liberties injustices that have been carried out against other communities or populations, and specifically to do the following: (1) Educate the public regarding the history and the lessons of the World War II exclusion, removal, and detention of persons of Japanese ancestry through the development, coordination, and distribution of new educational materials and the development of curriculum materials to complement and augment resources currently available on this subject matter. (2) Educate the public through the development, coordination, and distribution of new educational materials and the development of curriculum materials to complement and augment resources currently available on this subject matter regarding the history and the lessons of civil rights violations or civil liberties injustices that have been carried out against other communities or populations, including, but not limited to, civil rights violations or civil liberties injustices that are perpetrated on the basis of an individual’s race, national origin, immigration status, religion, gender, or sexual orientation. (3) Link historic civil rights violations or civil liberties injustices with current civil liberties challenges. (4) Develop videos, plays, presentations, speaker bureaus, and exhibitions for presentation to elementary, secondary, and community college audiences. (Amended by Stats. 2017, Ch. 292, Sec. 3. (AB 491) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8.5. THE CALIFORNIA CIVIL LIBERTIES PUBLIC EDUCATION ACT [13000 - 13030] CHAPTER 2. California Civil Liberties Public Education Grant Program [13015 - 13030] SECTION 13025. Source version: id_1d79ce22-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.5.&chapter=2.&article= (a) On or before January 1, 2021, the State Librarian shall report to the Governor and the appropriate fiscal and policy committees of each house of the Legislature on the types of grants awarded and the accomplishments of the program established pursuant to this part. (b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2025, pursuant to Section 10231.5 of the Government Code. (2) A report prepared pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2017, Ch. 292, Sec. 4. (AB 491) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8.5. THE CALIFORNIA CIVIL LIBERTIES PUBLIC EDUCATION ACT [13000 - 13030] CHAPTER 2. California Civil Liberties Public Education Grant Program [13015 - 13030] SECTION 13030. Source version: id_2afafd34-e414-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.5.&chapter=2.&article= (a) Funding for this program is subject to an appropriation in the annual Budget Act or other measure for this purpose. (b) Subject to an appropriation in the annual Budget Act or other measure for this purpose, the State Librarian shall review and identify programs with similar goals that may be combined with this project in the future. (c) Subject to an appropriation in the annual Budget Act or other measure for this purpose, the State Librarian shall report to the Legislature by November 1, 2021, on the progress of the program and on the results of the review required by subdivision (a). (Amended by Stats. 2017, Ch. 292, Sec. 5. (AB 491) Effective January 1, 2018.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8.7. CALIFORNIA NATIVE AMERICAN PUBLIC EDUCATION GRANT PROGRAM [13040 - 13042] SECTION 13040. Source version: id_cdb79b0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.7.&chapter=&article= (a) The State Librarian shall expend the funds allocated for the purposes of this part to develop, in consultation with the State Department of Education and the Curriculum Development and Supplemental Materials Commission related to history-social science curriculum framework and content standards, California Native American instructional resources for use in the public schools maintaining any combination of instructional settings from kindergarten to grade 12, inclusive. (b) The State Librarian may award grants on a competitive basis or shall contract with instructional resource developers to prepare the instructional resources consistent with the state curriculum framework and content standards where the teaching of Native American history is identified, and shall consult with a broadly based group of experts to advise upon and review the instructional resources. The instructional resources shall be subject to Section 13041 and all other relevant statutes governing the content of educational materials prior to distribution to the public schools. (c) In carrying out subdivision (b), the State Librarian is encouraged to do or enable each of the following, to the extent possible: (1) Involve California Native Americans in the development of the instructional resources. (2) Consult with local and regional consortia of organizations and individuals engaged in similar educational, research, and development efforts. (3) Coordinate and collaborate with organizations and individuals engaging in similar educational, research, and development endeavors. (4) Utilize creative and innovative methods and approaches in research for, and development of, the instructional resources. (5) Seek matching funds, in-kind contributions, or other sources of support to supplement the funds provided in support of this part. (6) Propose the use of a variety of media, including new technology and the arts, to creatively and strategically appeal to pupils while enhancing and enriching community-based educational efforts. (7) Include scholarly inquiry related to the variety of experiences of California Native Americans. (8) Add relevant materials to, or catalogue relevant materials in, libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides, oral histories, and other resource directories and supporting the continued development of scholarly work on this subject by making a broad range of archival, library, and research materials more accessible to the American public. (Added by Stats. 2001, Ch. 870, Sec. 2. Effective October 14, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8.7. CALIFORNIA NATIVE AMERICAN PUBLIC EDUCATION GRANT PROGRAM [13040 - 13042] SECTION 13041. Source version: id_cdb79b0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.7.&chapter=&article= (a) The State Librarian shall submit to the Curriculum Development and Supplemental Materials Commission the instructional resources developed pursuant to Section 13040. (b) The Curriculum Development and Supplemental Materials Commission shall hold a public hearing regarding the instructional resources and shall recommend them, along with any modifications that the commission determines to be appropriate, to the State Board of Education. (c) (1) The State Board of Education shall hold a public hearing regarding the recommendation of the Curriculum Development and Supplemental Materials Commission pursuant to subdivision (b) and shall approve the instructional resources along with any modifications that the State Board of Education determines to be appropriate. (2) The State Board of Education shall review the instructional resources approved pursuant to subdivision (c) in relation to the history-social science content standards adopted pursuant to Section 60605 and shall, at any subsequent revision, make adjustments, if any, to the content standards that it determines to be appropriate. The State Board of Education shall also ensure that the approved instructional resources are used as an advisory tool in developing the next revision of the history-social science curriculum framework and standards. (d) Upon approval by the State Board of Education pursuant to subdivision (c), the instructional resources shall be made available to educators as efficiently and effectively as available funding will allow. (Added by Stats. 2001, Ch. 870, Sec. 2. Effective October 14, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 8.7. CALIFORNIA NATIVE AMERICAN PUBLIC EDUCATION GRANT PROGRAM [13040 - 13042] SECTION 13042. Source version: id_cdb79b0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=8.7.&chapter=&article= On or before January 1, 2003, the State Librarian shall report to the Governor and the appropriate fiscal and policy committees of each house of the Legislature on the use of funds provided for the purposes of this part. (Added by Stats. 2001, Ch. 870, Sec. 2. Effective October 14, 2001.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14000. Source version: id_cdb921b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. It is the intent of the Legislature that the administration of the laws governing the financial support of the public school system in this state be conducted within the purview of the following principles and policies: The system of public school support should be designed to strengthen and encourage local responsibility for control of public education. Local school districts should be so organized that they can facilitate the provision of full educational opportunities for all who attend the public schools. Local control is best accomplished by the development of strong, vigorous, and properly organized local school administrative units. It is the state’s responsibility to create or facilitate the creation of local districts of sufficient size to properly discharge local responsibilities and to spend the tax dollar effectively. The system of public school support should assure that state, local, and other funds are adequate for the support of a realistic funding level. It is unrealistic and unfair to the less wealthy districts to provide for only a part of the financing necessary for an adequate educational program. The system of public school support should permit and encourage local school districts to provide and support improved district organization and educational programs. The system of public school support should prohibit the introduction of undesirable organization and educational practices, and should discourage any of those practices now in effect. Improvement of programs in particular districts is in the interests of the state as a whole as well as of the people in individual districts, since the excellence of the programs in some districts will tend to bring about program improvement in other districts. The system of public school support should make provision for the apportionment of state funds to local districts on a strictly objective basis that can be computed as well by the local districts as by the state. The principle of local responsibility requires that the granting of discretionary powers to state officials over the distribution of state aid and the granting to these officials of the power to impose undue restriction on the use of funds and the conduct of educational programs at the local level be avoided. The system of public school support should effect a partnership between the state, the county, and school districts, with each participating equitably in accordance with its relative ability. The respective abilities should be combined to provide a financial plan between the state and the local agencies for public school support. Toward this support program, each county and district, through a uniform method, should contribute in accordance with its true financial ability. The system of public school support should provide for essential educational opportunities for all who attend the public schools. Provision should be made in the financial plan for adequate financing of all educational services. The broader based taxing power of the state should be utilized to raise the level of financial support in the properly organized but financially weak districts of the state, thus contributing greatly to the equalization of educational opportunity for the students residing therein. It should also be used to provide a minimum amount of guaranteed support to all districts, for that state assistance serves to develop among all districts a sense of responsibility to the entire system of public education in the state. (Amended by Stats. 1990, Ch. 1372, Sec. 106.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14002. Source version: id_0488d9e3-5315-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. (a) (1) Notwithstanding any other law, upon certification of the Superintendent pursuant to Sections 41330, 41332, and 41335, any amount necessary to meet the requirements of programs specified in subdivision (b) during each fiscal year are hereby continuously appropriated from the General Fund to Section A of the State School Fund for allocation by the Controller. (2) The amounts calculated for the programs specified in subdivision (b) are considered final as of the certification of the second principal apportionment in the fifth succeeding fiscal year, inclusive, of the fiscal year for which the calculation is being made. Final submissions shall be submitted pursuant to procedures and timeframes established by the Superintendent. This paragraph does not apply to a change that is the result of an audit exception, as described in paragraph (2) of subdivision (a) of Section 41341. (b) Programs included for purposes of this section are all of the following: (1) Chapter 12.5 (commencing with Section 2574) of Part 2. (2) Section 41544. (3) Section 41850.1. (4) Article 2 (commencing with Section 42238) of Chapter 7 of Part 24 of Division 3 of Title 2, except Section 42238.024. (5) Section 47663. (6) Article 7 (commencing with Section 48300) of Chapter 2 of Part 27 of Division 4 of Title 2. (7) Article 10 (commencing with Section 48350) of Chapter 2 of Part 27 of Division 4 of Title 2. (c) (1) Notwithstanding subdivision (a), commencing with the 2019–20 fiscal year, if, for an upcoming fiscal year, the total amount necessary to meet the requirements of the programs specified in subdivision (b) is projected to be in excess of 89 percent of the General Fund and Education Protection Account revenues and allocated proceeds of taxes that are necessary to meet the requirements of Section 8 of Article XVI of the California Constitution, excluding appropriations made to the Chancellor of the California Community Colleges for allocation to community college districts, then before the enactment of the annual Budget Act for that fiscal year, the Director of Finance may reduce the following to a percentage equal to or greater than the projected growth rate of the minimum amount necessary to meet the requirements of Section 8 of Article XVI of the California Constitution, but not less than zero: (A) The adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574, subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574, subdivision (b) of Section 2575.1, paragraph (2) of subdivision (d) of Section 42238.02, and Section 42287. (B) The inflation or cost-of-living adjustment otherwise authorized or required for all of the following programs: (i) Subdivision (b) of Section 8265 or its successor section. (ii) Subdivision (c) of Section 49536. (iii) Subdivision (b) of Section 56836.142. (iv) Subdivision (d) of Section 17581.6 of the Government Code. (2) The percentage reductions made pursuant to subparagraph (B) of paragraph (1) shall be no less than the percentage reductions made pursuant to subparagraph (A) of paragraph (1). (3) This subdivision shall not be construed to change the adjustment identified in paragraph (2) of subdivision (d) of Section 42238.02 for a prior fiscal year. (4) Notwithstanding Section 10231.5 of the Government Code, the Director of Finance shall report to the Legislature, consistent with Section 9795 of the Government Code, before the enactment of the annual Budget Act each fiscal year any amounts or percentages reduced from inflation or cost-of-living adjustments pursuant to paragraph (1) for the upcoming fiscal year. (Amended by Stats. 2023, Ch. 194, Sec. 5. (SB 141) Effective September 13, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14002.05. Source version: id_4fa05008-a417-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. Notwithstanding any other law, the following provisions govern transfers to Section A of the State School Fund: (a) State moneys appropriated in support of the programs listed in subdivision (a) of Section 14041 and appropriated pursuant to Section 8.5 of Article XVI of the California Constitution and Section 41300.1 shall be transferred to Section A of the State School Fund for allocation in the amount and manner specified for each program. The moneys appropriated shall be applied to meet the requirements of Section 6 of Article IX of the California Constitution. (b) State moneys appropriated in support of elementary and secondary education programs other than those described in subdivision (a) shall not be transferred to Section A of the State School Fund, but shall be deemed transferred to Section A of the State School Fund and shall be applied to meet the requirements of Section 6 of Article IX of the California Constitution, as specified in Section 41975. (Added by Stats. 2019, Ch. 51, Sec. 15. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14002.1. Source version: id_cdbaa85b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. Notwithstanding any other law, for purposes of determining (a) the amounts to be certified pursuant to Sections 14002 and 14004, (b) allocations made pursuant to Section 41301, (c) the apportionments required to be made pursuant to Sections 41330, 41332, and 41335, (d) revenue limits for school districts pursuant to Section 42238, as adjusted pursuant to Sections 42238.14, 42238.145, and 42238.146, and (e) revenue limits for county offices of education pursuant to Section 2558, as adjusted pursuant to Sections 2558.4, 2558.45, and 2558.46, the Superintendent of Public Instruction shall use the property tax estimates received from county auditors pursuant to Section 75.70 of the Revenue and Taxation Code. (Amended by Stats. 2003, Ch. 227, Sec. 7. Effective August 11, 2003.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14002.5. Source version: id_cdbc2eff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. In making the computation prescribed by subdivision (b) of Section 14002, the Controller shall cumulatively increase the seventy-nine cents ($0.79) amount prescribed by that subdivision by 6 percent annually, and shall cumulatively increase the twenty-one dollar and fifty cents ($21.50) amount prescribed by that subdivision by 6 percent annually. (Repealed and added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14003. Source version: id_41726589-7dcc-11de-8c49-ad23393e09f7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. (a) Commencing with the 2010–11 fiscal year, on March 28 of each fiscal year in which the percentage growth in per capita General Fund revenues exceeds the percentage growth in California per capita personal income, the Controller shall transfer from the General Fund to Sections A and B of the State School Fund, as set forth in subdivision (c), the amount determined pursuant to paragraph (1) minus the amount determined pursuant to paragraph (2). (1) The product of General Fund revenues from proceeds of taxes and one-half of the difference between the percentage growth in per capita General Fund revenues from proceeds of taxes and in California per capita personal income. (2) The amount of the maintenance factor certified pursuant to Section 41207.2 that is allocated in the current year pursuant to subdivision (e) of Section 8 of Article XVI of the California Constitution. (b) The amount transferred pursuant to subdivision (a) shall be in addition to amounts required to be allocated pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution. (c) (1) Of the amount determined pursuant to subdivision (a), the Controller shall transfer 92 percent to Section A of the State School Fund. The Superintendent shall allocate the funds transferred pursuant to this paragraph in the following priority order: (A) An amount not to exceed two hundred million dollars ($200,000,000) for the purposes of revenue limit equalization in a manner consistent with Section 42238.49 for the first fiscal year in which funds are transferred pursuant to this paragraph. (B) Such amounts as necessary to reduce the revenue limit deficit factors set forth in Sections 2558.46 and 42238.146 until the deficit factors are reduced to zero. (C) Any remaining amounts transferred pursuant to this paragraph shall be allocated as an equal increase per unit of average daily attendance in general purpose apportionments for purposes of Sections 2558, 42238, and 47633. (2) Of the amount determined pursuant to subdivision (a), the Controller shall transfer 8 percent to Section B of the State School Fund. The Chancellor of the Community Colleges shall allocate the funds transferred pursuant to this paragraph in equal amounts for the following purposes: (A) For purposes of career and technical education pursuant to Chapter 352 of the Statutes of 2005. (B) As a proportionate increase in general purpose apportionments for community college districts. (d) For purposes of determining the amount required pursuant to paragraph (2) or (3), as applicable, of subdivision (b) of Section 8 of Article XVI of the California Constitution for the following fiscal year, all amounts transferred in the prior fiscal year pursuant to this section shall be deemed allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B for that prior fiscal year. (e) The sum of the amounts transferred pursuant to this section plus the sum of the amounts of the maintenance factor certified pursuant to Section 41207.2 that is allocated pursuant to subdivision (e) of Section 8 of Article XVI of the California Constitution shall not exceed the total amount of eleven billion two hundred twelve million nine hundred nine thousand dollars ($11,212,909,000) less any maintenance factor amount that is allocated for the 2009–10 fiscal year. (Added by Stats. 2009, 4th Ex. Sess., Ch. 3, Sec. 2. Effective July 28, 2009. Conditionally inoperative as prescribed in Sec. 7 of Ch. 3.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14004. Source version: id_cdbc2f01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. In addition to all other funds appropriated and transferred to Section A of the State School Fund, the Controller shall annually transfer from the General Fund to Section A of this State School Fund for apportionment during the fiscal year a total amount per pupil in average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state as certified by the Superintendent of Public Instruction of fourteen cents ($0.14). (Repealed and added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14004.5. Source version: id_cdbc2f03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. (a) In addition to all other funds appropriated and transferred to Section A of the State School Fund, the Controller shall annually transfer from the General Fund to Section A of the State School Fund for apportionment during the fiscal year a total amount per pupil in average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all the county superintendents of schools in the state as certified by the Superintendent of Public Instruction, of twenty-one dollars and eighty cents ($21.80) for fiscal year 1978–79 and thirty-four dollars and fifty-one cents ($34.51) for fiscal year 1979–80, for apportionments allowed pursuant to Article 5 (commencing with Section 56300) of Chapter 2 of Part 30. (b) Funds appropriated pursuant to this section and funds available pursuant to Section 41301 shall be used for Part 30 (commencing with Section 56000), including the Master Plan for Special Education (Chapter 2 (commencing with Section 56300) of Part 30). For the 1977–78 fiscal year, the superintendent shall adjust all special education allowances not previously adjusted pursuant to Chapter 219 of the Statutes of 1977 by 6 percent. It is the intent of the Legislature that, pursuant to the provisions of Chapter 1247 of the Statutes of 1977, and subject to future budget acts, the funds provided in subdivision (a) for the purpose of providing special education services pursuant to Section 56300 shall be sixty-three dollars and fifty-six cents ($63.56) for the 1980–81 fiscal year and one hundred thirteen dollars and eighty-two cents ($113.82) for the 1981–82 fiscal year. (Amended by Stats. 1995, Ch. 91, Sec. 24. Effective January 1, 1996.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14005. Source version: id_cdbc2f05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. (a) The amount to be transferred to Section A of the State School Fund under Section 14002 shall in each fiscal year be adjusted for errors of average daily attendance reported in prior fiscal years. Adjustment of such errors will be subject to the time limitations as provided in Section 41341. Such adjustments with regard to the amount to be transferred to Section A of the State School Fund shall be at the state’s rate of contribution under Section 14002 in effect in the fiscal year to which the error applied, and shall be applied in accordance with the purposes set forth under Section 41300. The amount of any adjustment shall not, however, cause the amount to be transferred to Section A of the State School Fund during any fiscal year under Section 14002 to be less than one hundred eighty dollars ($180) per pupil in average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state. (b) If in any fiscal year the amount transferred to Section A of the State School Fund under Section 41304 is reported to be in error, the Superintendent of Public Instruction shall notify the Controller of such error, and he shall add to or withhold from the next apportionment moneys due the district by transfers from or returns to the General Fund of such erroneous amounts. (Repealed and added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14007. Source version: id_cdbc2f07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. In addition to all other funds appropriated and transferred to Section A of the State School Fund, the Controller shall annually transfer from the General Fund to Section A of the State School Fund for apportionment during the fiscal year a total amount of nine cents ($0.09) per pupil in average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, as certified by the Superintendent of Public Instruction, for the purposes of Section 41301.5. (Repealed and added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14020.1. Source version: id_88440c00-e36e-11db-83fe-f40e3ef2b1fc Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. Instructional Improvement and Accountability The amount transferred to Section B of the State School Fund pursuant to Section 8.5 of Article XVI of the State Constitution shall to the maximum extent feasible be expended or encumbered during the year received solely for the purposes of instructional improvement and accountability. (a) For the purposes of this section, “instructional improvement and accountability” shall mean expenditures for instructional activities for college sites which directly benefit the instruction of students and shall be limited to expenditures for the following: (1) Programs which require individual assessment and counseling of students for the purpose of designing a curriculum for each student and establishing a period of time within which to achieve the goals of that curriculum and the support services needed to achieve these goals, provided that any such program shall first have been approved by the Board of Governors of Community Colleges. (2) Instructional supplies, instructional equipment, and instructional materials and support services necessary to improve campus conditions. (3) Faculty development which improves instruction and increases the quality and effectiveness of instructional staff, as mutually determined by faculty and the community college district governing board. (4) Compensation of faculty. (b) Funds transferred to each community college district pursuant to this section shall be deposited in a separate account and shall be maintained and appropriated separately from funds from all other sources. Funds appropriated pursuant to this section shall supplement other resources of each community college district and shall not supplant funds appropriated from any other source. (Added November 8, 1988, by initiative Proposition 98, Sec. 10. Note: Prop. 98 is titled The Classroom Instructional Improvement and Accountability Act.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14022. Source version: id_889400c2-e36e-11db-83fe-f40e3ef2b1fc Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. (a) For the purposes of Section 8 and Section 8.5 of Article XVI of the California Constitution, ’enrollment’ shall mean: (1) In community college districts, full-time equivalent students receiving services, and (2) In school districts, average daily attendance when students are counted as average daily attendance and average daily attendance equivalents for services not counted in average daily attendance. (b) Determination of enrollment shall be based upon actual data from prior years and for the next succeeding year such enrollments shall be estimated enrollments adjusted for actual data as actual data becomes available. (Added November 8, 1988, by initiative Proposition 98, Sec. 11.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14022.3. Source version: id_7694576b-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. (a) For purposes of calculating “increases in enrollment” pursuant to paragraph (2) or (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution, the term “enrollment” for school districts, community college districts, and state agencies providing direct elementary and secondary level instructional services means the sum of the following: (1) Second principal apportionment regular average daily attendance for kindergarten and grades 1 to 12, inclusive, as defined in subdivision (b) of Section 42238.5, and as adjusted for any average daily attendance audit findings. (2) Annual average daily attendance for county offices of education, as calculated pursuant to subdivision (b) of Section 41601, and as adjusted for any average daily attendance audit findings. (b) Any determination or computation of enrollment for purposes of this section shall be based upon actual data from prior years. For the next succeeding year, any determination or computation of enrollment for purposes of this section shall be the estimated enrollment, adjusted as actual data become available. (Amended by Stats. 2021, Ch. 666, Sec. 4. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 1. Sources, Conditions of Apportionments, Amounts of Support Per Average Daily Attendance [14000 - 14022.5] SECTION 14022.5. Source version: id_88499224-976b-11dc-b61e-ce9cbb2183f0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=1. (a) For purposes of Section 8.5 of Article XVI of the California Constitution, the term “enrollment” shall have the following meaning for school districts, community college districts, and state agencies providing direct elementary and secondary level instructional services: (1) In school districts: (A) The average daily attendance of each school district reported for the second principal apportionment pursuant to Section 41601. (B) The annual average daily attendance for adult education programs and classes, as determined under subdivision (d) of Section 41601. (C) The annual average daily attendance for regional occupational centers and programs, as determined under subdivision (d) of Section 41601. (D) The average daily attendance of apprentices enrolled in any class and reported pursuant to Section 8150, except that one unit of average daily attendance, for purposes of this paragraph, shall equal 525 hours of apprenticeship instruction in an apprenticeship program operated pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (E) (i) The annual average daily attendance for children enrolled in a state preschool program under the Child Care and Development Services Act (Chapter 2 (commencing with Section 8200) of Part 6), except that one unit of average daily attendance, for purposes of this clause, shall equal 700 hours of preschool services. (ii) The annual average daily attendance for children enrolled in any other program under the Child Care and Development Services Act (Chapter 2 (commencing with Section 8200) of Part 6), except that one unit of average daily attendance, for purposes of this clause, shall equal 250 days of services. For the purposes of this clause, less than four hours per day of services shall be defined as one-half day, from four up to six and one-half hours per day shall be defined as three-fourths day, and six and one-half hours or more per day shall be defined as one full day. (F) The annual average daily attendance of pupils enrolled in summer school, computed pursuant to Section 42239, except that one unit of average daily attendance shall equal 700 hours of summer school instruction in an approved summer school program. (G) The annual average daily attendance for pupils enrolled in an educational program offered by a county office of education, as determined pursuant to subdivisions (b) and (c) of Section 41601. (2) In community college districts: (A) The annual average daily attendance of a community college district computed pursuant to Chapter 4 (commencing with Section 84500) of Part 50, until Section 84750 becomes operative, and thereafter the number of full-time equivalent students as computed pursuant to Section 84750. (B) The annual average daily attendance for evening community college programs designated as adult schools pursuant to Section 78401, as determined pursuant to Section 78405. (C) The annual average daily attendance of apprentices enrolled in any class and reported pursuant to Section 8150, except that one unit of average daily attendance, for purposes of this paragraph, shall equal 525 hours of apprenticeship instruction in an apprenticeship program operated pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (3) In state agencies that provide direct elementary and secondary level instructional services: (A) The annual average daily attendance equivalent for pupils enrolled in the State Schools for the Handicapped pursuant to Part 32 (commencing with Section 59000). (B) The annual average daily attendance equivalent for pupils attending an educational program administered by the Department of the Youth Authority pursuant to Article 6 (commencing with Section 1120) and Article 10 (commencing with Section 1250) of Part 1 of Division 2 of Chapter 3 of the Welfare and Institutions Code. (C) The annual average daily attendance equivalent for pupils in the state hospitals operated by the State Department of Developmental Services pursuant to Chapter 8 (commencing with Section 56850) of Part 30. (b) Any determination or computation of enrollment for purposes of this section shall be based upon actual data from prior years. For the next succeeding year, any determination or computation of enrollment for purposes of this section shall be the estimated enrollment, adjusted as actual data become available. (c) This section shall remain in effect only until July 1, 1990, and as of that date is repealed, unless Senate Constitutional Amendment No. 1 is ratified by the voters at the statewide election to be held on June 5, 1990. (Amended (as added by Stats. 1989, Ch. 83) by Stats. 1989, Ch. 92, Sec. 1. Effective July 6, 1989. Note: Repeal condition failed; SCA 1 was adopted June 5, 1990, as Prop. 111.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14040. Source version: id_cdbf3c57-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. The Controller shall keep a separate account of the State School Fund, and of the interest and income thereof, together with such money as is raised by special tax or otherwise for school purposes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14041. Source version: id_b05b3f47-2026-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) The Controller shall draw warrants on the State Treasury in favor of the county treasurer of each county in each month of each year in the amounts and manner prescribed in this section so as to provide in each warrant a portion of the total amount certified by the Superintendent as apportioned for programs identified in paragraph (1) during the fiscal year from the State School Fund to the school districts and charter schools under the jurisdiction of the county superintendent of schools of that county, to the county school service fund of that county, and to the county school tuition fund of that county. (1) Programs to be included in the apportionment include all of the following: (A) Section 8820. (B) Chapter 12.5 (commencing with Section 2574) of Part 2. (C) Sections 41330 to 41343, inclusive. (D) Section 41544. (E) Chapter 4 (commencing with Section 41600) of Part 24 of Division 3 of Title 2. (F) Chapter 5 (commencing with Section 41760.2) of Part 24 of Division 3 of Title 2. (G) Section 41841.5. (H) Section 41850.1. (I) Article 2 (commencing with Section 42238) of Chapter 7 of Part 24 of Division 3 of Title 2. (J) Section 46120. (K) Section 47663. (L) Article 7 (commencing with Section 48300) of Chapter 2 of Part 27 of Division 4 of Title 2. (M) Article 10 (commencing with Section 48350) of Chapter 2 of Part 27 of Division 4 of Title 2. (N) Sections 56428, 56432, 56836 to 56836.13, inclusive, and 56836.165 to 56836.31, inclusive. (O) Article 2.2 (commencing with Section 56836.14) of Chapter 7.2 of Part 30 of Division 4 of Title 2. (P) Article 6.5 (commencing with Section 56836.39) of Chapter 7.2 of Part 30 of Division 4 of Title 2. (2) Warrants for amounts apportioned to school districts, county school service funds, and county school tuition funds shall be for amounts equal to 5 percent in July, 5 percent in August, and 9 percent in September, October, November, December, and January, of the amounts certified by the Superintendent as a part of the advance apportionment. (3) Warrants in the months of February to May, inclusive, shall be for amounts equal to one-fifth of the difference between the amounts certified by the Superintendent for school districts, county school service funds, and county school tuition funds as the first principal apportionment and the amounts required by paragraph (2). (4) Warrants for the month of June shall be for amounts equal to the difference between the amounts certified by the Superintendent for school districts, county school service funds, and county school tuition funds as the second principal apportionment and the amounts required by paragraphs (2) and (3). (5) Warrants in June shall include the total amounts certified by the Superintendent as the final apportionment. (6) Notwithstanding paragraph (2) to the contrary, for school districts that reported less than 5,000 units of average daily attendance in the 1979–80 fiscal year and that received 39 percent or more, but less than 75 percent, of their total revenue limits from local property taxes in that fiscal year, warrants for amounts apportioned to the school districts shall be for amounts equal to 15 percent in July, August, September, and October; zero percent in November and December; and 6 percent in January of the amounts certified by the Superintendent as a part of the advance apportionment. Warrants for amounts apportioned to the school districts for the months of February to May, inclusive, shall be in accordance with paragraph (3), and for the month of June, shall be in accordance with paragraph (4). (7) Notwithstanding paragraph (2) or (6) to the contrary, for school districts that reported less than 5,000 units of average daily attendance in the 1979–80 fiscal year and that received 75 percent or more of their total revenue limits from local property taxes in that fiscal year, warrants for amounts apportioned to the school districts shall be for amounts equal to 15 percent in July; 30 percent in August and September; 15 percent in October; zero percent in November and December; 6 percent in January; and zero percent in February, March, April, and May, of the amounts certified by the Superintendent as a part of the advance apportionment. Warrants for the month of June shall be in accordance with paragraph (4). (8) (A) Notwithstanding any other law, for the 2012–13 fiscal year only, for purposes of warrants drawn on the State Treasury pursuant to this section, the amount certified by the Superintendent as the advance apportionment and first principal apportionment shall include the following reduction: (i) The Superintendent shall multiply six billion nine hundred twenty-one million five hundred twenty-two thousand dollars ($6,921,522,000) by the ratio of the revenue limit or charter school general purposes funding for each county office of education, school district, or charter school, to the statewide total of revenue limit and charter school general purpose funding. (ii) For each county office of education, school district, or charter school, the Superintendent shall subtract the amount calculated in clause (i) from the apportionments calculated pursuant to Sections 2558, 42238, and 47633. (B) Notwithstanding any other law, for the 2012–13 fiscal year, the Superintendent shall delay the second principal apportionment calculated pursuant to Section 41335 from July 2, 2013, to July 15, 2013, to account for all revenues remitted to school districts and county offices of education pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. The Superintendent shall ensure that the second principal apportionment calculated pursuant to Section 41335 accounts for the difference between the amount distributed pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution and the offsets listed in subparagraph (A). Nothing in this section shall delay the payment of warrants to school districts and county offices of education 10 days before the close of the state’s fiscal year pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (9) Notwithstanding paragraph (1), (3), or (7), as those paragraphs and this section read on June 1, 2018, for the 2012–13 fiscal year only, the Superintendent shall reduce the June warrants for any amounts received pursuant to Sections 34179.5 and 34179.6 of the Health and Safety Code. This reduction shall constitute the entire amount distributed pursuant to Sections 34179.5 and 34179.6 of the Health and Safety Code and offset pursuant to subparagraph (B) of paragraph (6) of subdivision (h) of Section 42238, paragraph (6) of subdivision (c) of Section 2558, and Section 56836.08. (b) The drawing of the warrants required to be drawn during any one of the months mentioned may be postponed by the Controller for not to exceed 30 days, but the total amounts due the several counties during any fiscal year shall be paid within the fiscal year. The warrants shall be paid by the Treasurer from the State School Fund and are not subject to Section 925.6 of the Government Code. (Amended by Stats. 2023, Ch. 49, Sec. 3. (SB 115) Effective July 10, 2023.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14041.1. Source version: id_08119ff3-e217-11dc-8158-a43d4c260a07 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) Except as provided pursuant to subdivision (b), notwithstanding paragraphs (1) and (2) of subdivision (a) and subdivision (b) of Section 14041, for the 2008–09 fiscal year only: (1) Warrants for amounts allowed to the county school service funds under subdivisions (a) and (b) of Section 14054 shall be for amounts equal to 0.9 percent in July, 12 percent in August, 15.1 percent in September, and 8 percent in each remaining month of the fiscal year of the amounts certified by the Superintendent as a part of the advance apportionment. (2) Warrants for amounts apportioned to school districts and county school service funds for classes maintained by county superintendents of schools and to the county school tuition funds shall be for amounts equal to 0.9 percent in July, 12 percent in August, 13.1 percent in September, and 8 percent in October, November, December, and January, of the amounts certified by the Superintendent as a part of the advance apportionment. (b) Notwithstanding subdivision (a) and subject to the approval of the Director of Finance, the Controller shall issue warrants pursuant to Section 14041 that include the full amount of the apportionment payments for the month of July for a local educational agency for which the county superintendent of schools certifies to the Superintendent of Public Instruction and to the Director of Finance on or before May 15, 2008, that the deferral of warrants pursuant to subdivision (a) will result in qualifying the local educational agency for an emergency apportionment pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2. (Added by Stats. 2008, 3rd Ex. Sess., Ch. 2, Sec. 2. Effective February 16, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14041.5. Source version: id_929d2c24-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) Notwithstanding subdivision (a) of Section 14041, for the 2002–03 fiscal year to the 2013–14 fiscal year, inclusive, and for the 2019–20 to the 2020–21 fiscal year, inclusive, warrants for the principal apportionments for the month of June instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41335. (b) Except as otherwise provided in this section, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202 for the fiscal year in which the warrants are drawn and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn. (c) For the 2003–04 school year, the amount of apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2004–05 fiscal year shall be seven hundred twenty-six million two hundred seventy thousand dollars ($726,270,000). Any amount in excess of seven hundred twenty-six million two hundred seventy thousand dollars ($726,270,000) that is apportioned in July of 2004 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2003–04 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2003–04 fiscal year. (d) For the 2004–05 school year to the 2007–08 school year, inclusive, the amount of apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the following fiscal year shall be seven hundred fifteen million one hundred eighteen thousand dollars ($715,118,000). Any amount in excess of seven hundred fifteen million one hundred eighteen thousand dollars ($715,118,000) that is apportioned in July of any year is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the prior fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the prior fiscal year. (e) For the 2008–09 school year to the 2013–14 school year, inclusive, the amount of apportionments for revenue limits computed pursuant to Section 42238 from any of the apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the following fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the following fiscal year shall be one billion one hundred one million six hundred fifty-five thousand dollars ($1,101,655,000). Any amount in excess of one billion one hundred one million six hundred fifty-five thousand dollars ($1,101,655,000) that is apportioned in July of any year is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the prior fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the prior fiscal year. (f) (1) (A) For the 2019–20 fiscal year, the amount of apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2020–21 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year shall be one billion eight hundred fifty million three hundred seventy-seven thousand dollars ($1,850,377,000). Any amount in excess of one billion eight hundred fifty million three hundred seventy-seven thousand dollars ($1,850,377,000) that is apportioned in July 2020 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2019–20 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2019–20 fiscal year. (B) For the 2020–21 fiscal year, the amount of apportionments made pursuant to Section 14041 that are deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year shall be two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000). Any amount in excess of two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000) that is apportioned in July 2021 is deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2020–21 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (2) For the 2019–20 fiscal year, the principal apportionment deferred from June to July pursuant to subdivision (a) shall be paid by the Controller no later than July 15, 2020. (g) (1) For the 2022–23 fiscal year, eighty-eight million four hundred seventy-one thousand dollars ($88,471,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (2) For the 2023–24 fiscal year, one billion five hundred sixty-eight million two hundred sixty-three thousand dollars ($1,568,263,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2021–22 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (3) For the 2023–24 fiscal year, three billion six hundred forty-one million six hundred ninety-four thousand dollars ($3,641,694,000) of the amount of apportionments made pursuant to Section 14041 shall be deemed “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the 2024–25 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 22. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14041.6. Source version: id_4703262e-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2008–09 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339. (b) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2009–10 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000) instead shall be drawn in July of the same calendar year, and warrants for the month of April in the amount of six hundred seventy-eight million six hundred eleven thousand dollars ($678,611,000) and for the month of May in the amount of one billion dollars ($1,000,000,000) instead shall be drawn in August pursuant to the certification made pursuant to Section 41339. (c) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2010–11 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000), for the month of April in the amount of four hundred nineteen million twenty thousand dollars ($419,020,000), for the month of May in the amount of eight hundred million dollars ($800,000,000), and for the month of June in the amount of five hundred million dollars ($500,000,000) instead shall be drawn in July of the same calendar year, and warrants for the month of April in the amount of six hundred seventy-eight million six hundred eleven thousand dollars ($678,611,000) and for the month of May in the amount of one billion dollars ($1,000,000,000) instead shall be drawn in August pursuant to the certification made pursuant to Section 41339. (d) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2011–12 fiscal year, warrants for the principal apportionments for the month of February in the amount of two billion dollars ($2,000,000,000), for the month of April in the amount of four hundred nineteen million twenty thousand dollars ($419,020,000), for the month of May in the amount of eight hundred million dollars ($800,000,000), and for the month of June in the amount of five hundred million dollars ($500,000,000) instead shall be drawn in July of the same calendar year, and warrants for the month of March in the amount of one billion three hundred million dollars ($1,300,000,000), for the month of April in the amount of one billion four hundred forty-two million four hundred five thousand dollars ($1,442,405,000), and for the month of May in the amount of one billion dollars ($1,000,000,000) instead shall be drawn in August pursuant to the certification made pursuant to Section 41339. (e) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2012–13 fiscal year, warrants for the principal apportionments for the month of February in the amount of five hundred thirty-one million seven hundred twenty thousand dollars ($531,720,000), for the month of April in the amount of five hundred ninety-four million seven hundred forty-eight thousand dollars ($594,748,000), for the month of May in the amount of one billion nine hundred seventy-six million seven hundred one thousand dollars ($1,976,701,000), and for the month of June in the amount of five hundred million dollars ($500,000,000) instead shall be drawn in July of the same calendar year, and warrants for the month of March in the amount of one billion twenty-nine million four hundred ninety-three thousand dollars ($1,029,493,000) and for the month of April in the amount of seven hundred sixty-three million seven hundred ninety-four thousand dollars ($763,794,000) instead shall be drawn in August pursuant to the certification made pursuant to Section 41339. (f) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2013–14 fiscal year, warrants for the principal apportionments for the month of April in the amount of nine hundred seventeen million five hundred forty-two thousand dollars ($917,542,000), for the month of May in the amount of two billion one hundred fifty-two million four hundred thirty thousand dollars ($2,152,430,000), and for the month of June in the amount of five hundred million dollars ($500,000,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339. (g) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2013–14 fiscal year, warrants for the principal apportionments for the month of May in the amount of two hundred million dollars ($200,000,000) and for the month of June in the amount of six hundred ninety-nine million four hundred seventy-three thousand dollars ($699,473,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339. The Superintendent shall allocate this deferred amount and repayment to local educational agencies based on their proportionate share of funding appropriated to local educational agencies pursuant to Section 92 of Chapter 38 of the Statutes of 2012. (h) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2014–15 fiscal year, warrants for the principal apportionments for the month of June in the amount of eight hundred ninety-seven million one hundred eighty-four thousand dollars ($897,184,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339. (i) (1) (A) Except as provided in Section 14041.65 and notwithstanding subdivision (a) of Section 14041, or any other law, for the 2020–21 fiscal year, warrants for the principal apportionments for the month of February in the amount of one billion five hundred forty million three hundred three thousand dollars ($1,540,303,000) shall instead be drawn in November of the same calendar year pursuant to the certification made pursuant to Section 41332. (B) Except as provided in Section 14041.65 and notwithstanding subdivision (a) of Section 14041, or any other law, for the 2020–21 fiscal year, warrants for the principal apportionments for the month of March in the amount of two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000) shall instead be drawn in October of the same calendar year pursuant to the certification made pursuant to Section 41332. (C) Except as provided in Section 14041.65 and notwithstanding subdivision (a) of Section 14041, or any other law, for the 2020–21 fiscal year, warrants for the principal apportionments for the month of April in the amount of two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000) shall instead be drawn in September of the same calendar year pursuant to the certification made pursuant to Section 41332. (D) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2020–21 fiscal year, warrants for the principal apportionments for the month of May in the amount of two billion three hundred seventy-five million three hundred eight thousand dollars ($2,375,308,000) shall instead be drawn in August of the same calendar year pursuant to the certification made pursuant to Section 41335. (2) Pursuant to Section 8.28 of the Budget Act of 2020 (Chs. 6 and 7, Stats. 2020), if the Director of Finance determines that there are sufficient federal funds provided to the state for the 2020–21 fiscal year that may be used to offset the deferral of payments in the amount specified in Section 8.28 of the Budget Act of 2020 (Chs. 6 and 7, Stats. 2020), the Director of Finance shall reduce the amounts described in paragraph (1). In reducing these amounts, the Director of Finance shall first reduce the amounts deferred from any months occurring earliest in the 2020–21 fiscal year. (j) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2024–25 fiscal year, warrants for the principal apportionments for the month of June in the amount of two hundred forty-five million six hundred four thousand dollars ($245,604,000) or the total June principal apportionment payment, whichever is less, shall instead be drawn in July of the same calendar year pursuant to Section 41335. (k) Notwithstanding subdivision (a) of Section 14041, or any other law, for the 2025–26 fiscal year, warrants for the principal apportionments for the month of June in the amount of one billion eight hundred seventy-four million seven hundred eighty-one thousand dollars ($1,874,781,000), or the total June principal apportionment payment, whichever is less, shall instead be drawn in July of the same calendar year pursuant to Section 41335. (l) Except as provided in subdivisions (c) and (e) of Section 41202, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivisions (a) to (j), inclusive, shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the warrants are drawn and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn. (m) Notwithstanding subdivision (l), for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one billion five hundred ninety million four hundred forty-nine thousand dollars ($1,590,449,000) of the warrants drawn in August of 2013 pursuant to subdivision (e) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2012–13 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2012–13 fiscal year. (n) Notwithstanding subdivision (l) of this section and subdivision (e) of Section 14041.5, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one billion two hundred ninety-four million seven hundred twenty thousand dollars ($1,294,720,000) of the warrants drawn in July 2014 pursuant to subdivisions (f) and (g) of this section and subdivision (e) of Section 14041.5 shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2012–13 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2012–13 fiscal year. (o) Notwithstanding subdivision (l) of this section and subdivision (e) of Section 14041.5, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, two billion seven hundred eighty million five hundred twenty-six thousand dollars ($2,780,526,000) of the warrants drawn in July 2014 pursuant to subdivisions (f) and (g) of this section and subdivision (e) of Section 14041.5 shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2013–14 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2013–14 fiscal year. (p) (1) Notwithstanding subdivision (l) of this section and subdivision (f) of Section 14041.5, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, eight billion forty-one million five hundred thirty-five thousand dollars ($8,041,535,000) of the warrants drawn in the 2021–22 fiscal year pursuant to subdivision (i) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (2) Notwithstanding subdivision (l) of this section and subdivision (f) of Section 14041.5, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, six hundred twenty-four million six hundred ninety-two thousand dollars ($624,692,000) of the warrants drawn in the 2021–22 fiscal year pursuant to subdivision (i) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the warrants are drawn, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn. (q) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount of two hundred forty-six million six hundred four thousand dollars ($246,604,000) of the appropriations made in subdivision (j) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (r) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount of one billion eight hundred seventy-four million seven hundred eighty-one thousand dollars ($1,874,781,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2026–27 fiscal year. (Amended by Stats. 2025, Ch. 8, Sec. 10. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14041.65. Source version: id_da23f759-e4ac-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) Notwithstanding subdivision (a) of Section 14041.6, for the 2010–11 fiscal year only, warrants for the principal apportionments for the month of February in the amount of twenty-four million seven hundred thousand dollars ($24,700,000) instead shall be drawn in July of the same calendar year pursuant to the certification made pursuant to Section 41339. (b) Notwithstanding subdivision (a) of Section 14041.6, for the 2010–11 fiscal year only, warrants for the principal apportionments for the month of February in the amount of one billion four hundred five million five hundred thousand dollars ($1,405,500,000) instead shall be drawn in August of the same calendar year pursuant to the certification made pursuant to Section 41339. (c) Notwithstanding subdivision (a) of Section 14041.6, for the 2010–11 fiscal year only, warrants for the principal apportionments for the month of February in the amount of five hundred sixty-nine million eight hundred thousand dollars ($569,800,000) instead shall be drawn in September of the same calendar year pursuant to the certification made pursuant to Section 41339. (d) Notwithstanding subdivision (c) of Section 14041.6, for the 2010–11 fiscal year only, warrants for the principal apportionments for the month of April in the amount of four hundred nineteen million twenty thousand dollars ($419,020,000) instead shall be drawn in September of the same calendar year pursuant to the certification made pursuant to Section 41339. (e) Notwithstanding subdivision (c) of Section 14041.6, for the 2010–11 fiscal year only, warrants for the principal apportionments for the month of May in the amount of eight hundred million dollars ($800,000,000) instead shall be drawn in September of the same calendar year pursuant to the certification made pursuant to Section 41339. (f) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (i) of Section 14041.6, for the 2020–21 fiscal year only, warrants for the principal apportionment for the month of February 2021 scheduled to be drawn in November 2021, shall instead be drawn in August 2021 pursuant to the certification made pursuant to Section 41332. (g) Notwithstanding subparagraph (B) of paragraph (1) of subdivision (i) of Section 14041.6, for the 2020–21 fiscal year only, warrants for the principal apportionment for the month of March 2021 scheduled to be drawn in October 2021, shall instead be drawn in August 2021 pursuant to the certification made pursuant to Section 41332. (h) Notwithstanding subparagraph (C) of paragraph (1) of subdivision (i) of Section 14041.6, for the 2020–21 fiscal year only, warrants for the principal apportionment for the month of April 2021 scheduled to be drawn in September 2021, shall instead be drawn in August 2021 pursuant to the certification made pursuant to Section 41332. (Amended by Stats. 2021, Ch. 44, Sec. 12. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14041.7. Source version: id_d7e64331-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) Commencing with the 2010–11 fiscal year, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of June, that are instead to be drawn in July pursuant to Section 14041.5, may be drawn in June, subject to the approval of the Director of Finance, for a charter school or school district as follows: (1) In order for a charter school to receive a payment in June pursuant to this section, the governing body of the charter school, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before April 1 that the deferral of warrants pursuant to Sections 14041.5 and 14041.6 will result in the charter school being unable to meet its financial obligations for June and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for the month of June. (2) In order for a school district to receive a payment in June pursuant to this section, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before April 1 that the deferral of warrants pursuant to Sections 14041.5 and 14041.6 will result in the school district being unable to meet its financial obligations for June and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for the month of June. (3) The criteria, as applicable, set forth in statute and regulations to qualify a school district for an emergency apportionment shall be used to make the certification specified in paragraph (2). (4) A charter school or school district may receive, pursuant to this section, no more than the lesser of the following: (A) The total amount of additional funds necessary for the charter school or school district to meet its financial obligations for the month of June, as reported to the Superintendent pursuant to paragraph (1) or (2). (B) The total payments the charter school or school district is entitled to receive in July for the prior fiscal year. (b) If the total amount requested by charter schools and school districts pursuant to paragraph (4) of subdivision (a) exceeds one hundred million dollars ($100,000,000), the Controller, Treasurer, and Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this section shall not exceed three hundred million dollars ($300,000,000). No later than May 1, the Controller, Treasurer, and Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, Treasurer, and Director of Finance shall consider costs for state government, the scope of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (c) If the total amount of cash made available pursuant to subdivision (b) is less than the amount requested pursuant to paragraph (3) of subdivision (a), payments to charter schools and school districts shall be prioritized according to the date on which notification was provided to the Superintendent and the Department of Finance. (d) A charter school submitting a certification pursuant to paragraph (1) of subdivision (a) shall provide its chartering authority with a copy of the certification. (e) Payments pursuant to this section shall be made no later than June 20. (f) Except as provided in subdivisions (c) and (e) of Section 41202, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated to school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the warrants are drawn and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn. (Amended by Stats. 2012, Ch. 38, Sec. 29. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14041.75. Source version: id_e26f3277-a5b4-11e1-a70f-b70ed138defd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) Notwithstanding Section 14041.7, for the 2011–12 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of June, that are instead to be drawn in July pursuant to Section 14041.5, may be drawn in June, subject to the approval of the Director of Finance, for a charter school or school district as follows: (1) In order for a charter school to receive a payment in June pursuant to this section, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before April 1 that the deferral of warrants pursuant to Sections 14041.5 and 14041.6 will result in the charter school being unable to meet its financial obligations for June and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for the month of June. (2) In order for a school district to receive a payment in June pursuant to this section, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before April 1 that the deferral of warrants pursuant to Sections 14041.5 and 14041.6 will result in the school district being unable to meet its financial obligations for June and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for the month of June. (3) The criteria, as applicable, set forth in statute and regulations to qualify a school district for an emergency apportionment shall be used to make the certification specified in paragraph (2). (4) A charter school or school district may receive, pursuant to this section, no more than the amount of additional funds necessary for the charter school or school district to meet its financial obligations for the month of June, as reported to the Superintendent pursuant to paragraph (1) or (2). (b) If the total amount requested by charter schools and school districts pursuant to paragraph (4) of subdivision (a) exceeds one hundred million dollars ($100,000,000), the Controller, Treasurer, and Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this section shall not exceed three hundred million dollars ($300,000,000). No later than May 1, the Controller, Treasurer, and Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, Treasurer, and Director of Finance shall consider costs for state government, the scope of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (c) If the total amount of cash made available pursuant to subdivision (b) is less than the amount requested pursuant to paragraph (4) of subdivision (a), payments to charter schools and school districts shall be prioritized according to the date on which notification was provided to the Superintendent and the Department of Finance. (d) Payments pursuant to this section shall be made no later than June 20. (e) Except as provided in subdivisions (c) and (e) of Section 41202, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the warrants are drawn and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn. (Added by Stats. 2012, Ch. 13, Sec. 1. (AB 103) Effective May 23, 2012.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14041.8. Source version: id_4a837350-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of February, that are instead to be drawn in November, pursuant to Section 14041.6, may be drawn in February, subject to the approval of the Director of Finance, for a charter school or school district as follows: (A) In order for a charter school to receive a payment in February pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for February or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for February and any subsequent month until the deferral is repaid, as applicable. (B) In order for a school district to receive a payment in February pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for February or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for February and any subsequent month until the deferral is repaid, as applicable. (C) To make the certification specified in subparagraph (B), both of the following criteria shall be met: (i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution. (ii) If not exempt from the February deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2. (D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable. (2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before February 1, the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance. (4) Payments pursuant to this subdivision shall be made by the Controller on or before February 26, 2021. (b) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of March, that are instead to be drawn in October, pursuant to Section 14041.6, may be drawn in March, subject to the approval of the Director of Finance, for a charter school or school district as follows: (A) In order for a charter school to receive a payment in March pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for March or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for March and any subsequent month until the deferral is repaid, as applicable. (B) In order for a school district to receive a payment in March pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for March or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for March and any subsequent month until the deferral is repaid, as applicable. (C) To make the certification specified in subparagraph (B), both of the following criteria shall be met: (i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution. (ii) If not exempt from the March deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2. (D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable. (2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before February 1, the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance. (4) Payments pursuant to this subdivision shall be made by the Controller on or before March 30, 2021. (c) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of April, that are instead to be drawn in September, pursuant to Section 14041.6, may be drawn in April, subject to the approval of the Director of Finance, for a charter school or school district as follows: (A) In order for a charter school to receive a payment in April pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for April or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for April and any subsequent month until the deferral is repaid, as applicable. (B) In order for a school district to receive a payment in April pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for April or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for April and any subsequent month until the deferral is repaid, as applicable. (C) To make the certification specified in subparagraph (B), both of the following criteria shall be met: (i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution. (ii) If not exempt from the April deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2. (D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable. (2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before February 1, the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance. (4) Payments pursuant to this subdivision shall be made by the Controller on or before April 30, 2021. (d) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of May, that are instead to be drawn in August, pursuant to Section 14041.6, may be drawn in May, subject to the approval of the Director of Finance, for a charter school or school district as follows: (A) In order for a charter school to receive a payment in May pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for May or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for May and any subsequent month until the deferral is repaid, as applicable. (B) In order for a school district to receive a payment in May pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before December 15, 2020, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for May or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for May and any subsequent month until the deferral is repaid, as applicable. (C) To make the certification specified in subparagraph (B), both of the following criteria shall be met: (i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution. (ii) If not exempt from the May deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2. (D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable. (2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before February 1, the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance. (4) Payments pursuant to this subdivision shall be made by the Controller on or before May 28, 2021. (e) (1) For the 2020–21 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of June, that are instead to be drawn in July pursuant to Section 14041.5, may be drawn in June, subject to the approval of the Director of Finance, for a charter school or school district as follows: (A) In order for a charter school to receive a payment in June pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before April 1 that the deferral of warrants pursuant to Section 14041.5 will result in the charter school being unable to meet its financial obligations for June or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for June and any subsequent month until the deferral is repaid, as applicable. (B) In order for a school district to receive a payment in June pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before April 1 that the deferral of warrants pursuant to Section 14041.5 will result in the school district being unable to meet its financial obligations for June or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for June and any subsequent month until the deferral is repaid, as applicable. (C) To make the certification specified in subparagraph (B), both of the following criteria shall be met: (i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution. (ii) If not exempt from the June deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2. (D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable. (2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before May 1, the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, the Treasurer, and the Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance. (4) Payments pursuant to this subdivision shall be made by the Controller on or before June 30, 2021. (f) (1) For the 2024–25 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of June, that are instead to be drawn in July pursuant to Section 14041.6, may be drawn in June, subject to the approval of the Director of Finance, for a charter school or school district as follows: (A) In order for a charter school to receive a payment in June pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before April 1, 2025, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for June or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for June and any subsequent month until the deferral is repaid, as applicable. (B) In order for a school district to receive a payment in June pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before April 1, 2025, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for June or any subsequent month until the deferral is repaid, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for June and any subsequent month until the deferral is repaid, as applicable. (C) To make the certification specified in subparagraph (B), both of the following criteria shall be met: (i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution. (ii) If not exempt from the June deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2. (D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of additional funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable. (2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, Treasurer, and Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before May 1, 2025, the Controller, Treasurer, and Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, Treasurer, and Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance. (4) Payments pursuant to this subdivision shall be made by the Controller on or before June 30, 2025. (g) (1) For the 2025–26 fiscal year only, up to one hundred million dollars ($100,000,000) of the amount of the warrants for the principal apportionments for the month of June, that are instead to be drawn in July pursuant to Section 14041.6, may be drawn in June, subject to the approval of the Director of Finance, for a charter school or school district as follows: (A) In order for a charter school to receive a payment in June pursuant to this subdivision, the chartering authority, in consultation with the county superintendent of schools, shall certify to the Superintendent and the Director of Finance on or before April 1, 2026, that the deferral of warrants pursuant to Section 14041.6 will result in the charter school being unable to meet its financial obligations for June or July, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the charter school to meet its financial obligations for June and July, as applicable. (B) In order for a school district to receive a payment in June pursuant to this subdivision, the county superintendent of schools shall certify to the Superintendent and to the Director of Finance on or before April 1, 2026, that the deferral of warrants pursuant to Section 14041.6 will result in the school district being unable to meet its financial obligations for June or July, and shall provide the Superintendent an estimate of the amount of additional funds necessary for the school district to meet its financial obligations for June and July, as applicable. (C) To make the certification specified in subparagraph (B), both of the following criteria shall be met: (i) The school district must have exhausted all internal and external sources of borrowing including those pursuant to Sections 42603, 42620, 42621, and 42622 of this code, Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, and Section 6 of Article XVI of the California Constitution. (ii) If not exempt from the June deferral the school district will require a state emergency loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2. (D) A charter school or school district may receive, pursuant to this subdivision, no more than the lesser of the monthly payment for the charter school or school district calculated pursuant to Section 14041 or the amount of funds necessary for the charter school or school district to meet its financial obligations, as reported to the Superintendent pursuant to subparagraph (A) or (B), as applicable. (2) If the total amount requested by charter schools and school districts pursuant to paragraph (1) exceeds one hundred million dollars ($100,000,000), the Controller, Treasurer, and Director of Finance may authorize additional payments to meet these requests, but total payments to charter schools and school districts pursuant to this subdivision shall not exceed three hundred million dollars ($300,000,000). On or before May 1, 2026, the Controller, Treasurer, and Director of Finance shall determine whether sufficient cash is available to make payments in excess of one hundred million dollars ($100,000,000). In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, Treasurer, and Director of Finance shall consider costs for state government, the amount of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (3) If the total amount of cash made available pursuant to paragraph (2) is less than the amount requested pursuant to paragraph (1), payments to charter schools and school districts shall be prioritized according to the date on which the certification described in paragraph (1) was provided to the Superintendent and the Director of Finance. (4) Payments pursuant to this subdivision shall be made by the Controller on or before June 30, 2026. (h) Except as provided in subdivisions (c) and (e) of Section 41202, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to paragraphs (1) and (2) of subdivisions (a) to (g), inclusive, shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the warrants are drawn and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn. (Amended by Stats. 2025, Ch. 8, Sec. 11. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14042. Source version: id_cdc0c2fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) If the Superintendent of Public Instruction or the chancellor does not certify to the Controller, on or before the 20th day of February, the amounts apportioned by him as the first principal apportionment, the Controller shall draw warrants on the State Treasury in favor of the county treasurer of each county in the month of February, and in each month thereafter until the month following his receipt of such certification, for amounts equal to the warrants drawn for January. (b) In the month following the receipt of the certification of the amounts apportioned by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges as the first principal apportionment, the Controller shall draw warrants on the State Treasury in favor of the county treasurer of each county in an amount equal to the difference between the amount of the warrants which would have been drawn pursuant to Section 14041 had the certification been received by the Controller not later than February 20th and the amount of the warrants drawn pursuant to subdivision (a) of this section. (c) Warrants drawn under this section shall be drawn on the State School Fund and are not subject to the provisions of Government Code Section 925.6. (Amended by Stats. 1979, Ch. 797.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14043. Source version: id_cdc2499f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. All moneys received by the treasurer of any county from the apportionments of the State School Fund shall be immediately credited by the treasurer to the county school service fund, the county school tuition fund, and the general funds of the several school districts of the county exactly as apportioned by the Superintendent of Public Instruction or the Chancellor of the California Community Colleges. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 2. Maintenance, Amount and Manner of Drawing Warrants [14040 - 14044] SECTION 14044. Source version: id_cdc249a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=2. (a) Upon determining that any semiannual report to the State Department of Education, as required under Section 628.2 of the Penal Code, has not been submitted, or that a submitted report contains intentionally misleading data, the Superintendent of Public Instruction may withhold an amount from the next state funding apportionment to which the school district or, as appropriate, the county office of education, would otherwise be entitled. The amount so withheld shall not exceed one-half of the annual salary of the superintendent of that district or of that county superintendent of schools, respectively. (b) Any funds withheld pursuant to subdivision (a) shall be held in trust by the Superintendent of Public Instruction until he or she determines that the data required under Section 628.2 of the Penal Code has been submitted, in complete and accurate form, by the appropriate school district or county office of education whereupon those funds shall be released to the appropriate county treasury to the credit of that district or county office of education. (Added by Stats. 1988, Ch. 78, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 3. County School Service Funds—Computation of Allowances and Budgetary Requirements [14050 - 14058] SECTION 14050. Source version: id_cdc249a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=3. The county superintendent of schools shall on or before June 30 of each year submit a tentative budget and, on or before October 1 of each year, a final budget to the Superintendent of Public Instruction for the succeeding fiscal year, in the form that the Superintendent of Public Instruction shall prescribe, setting forth all known and estimated revenues of the county school service fund for the succeeding fiscal year from all sources, and the proposed expenditures from the county school service fund for the succeeding fiscal year. The budget shall be approved by the Superintendent of Public Instruction. When a budget is submitted to the Superintendent of Public Instruction for his or her approval, he or she shall make a review of each program prior to approving the budget. No allowance shall be made under Sections 14050 to 14056, inclusive, whichever are in effect, to a county superintendent of schools for any item of current expenses or capital outlay with respect to which the county superintendent has failed to comply with the regulations of the Superintendent of Public Instruction which he or she is herewith authorized to adopt applicable to such item. The regulations adopted by the Superintendent of Public Instruction hereunder shall not be limited to, but shall, among other matters: (a) Prescribe procedures relating to budgeting, purchasing and replacing capital outlay items. (b) Prescribe procedures relating to the purchase, replacement, operation and maintenance of automotive equipment. (c) Prescribe the conditions under which the county superintendent of schools may provide services to districts by contract. (d) Prescribe the conditions under which allowances may be made to the county superintendent of schools to contract for the services of special consultants. (e) Prescribe the conditions under which allowances may be made to the county superintendent of schools to assume functions authorized by law to be performed either by the county superintendent of schools or another public agency. (f) Prescribe conditions under which allowances will be made to meet conditions of an emergency nature requiring the establishment and maintenance of emergency schools, the providing of emergency teachers for regular elementary schools, the providing of emergency transportation to regular elementary schools, or emergency apportionments to school districts. (g) Define county school service fund publications and prescribe the procedures to be followed relating to budgeting, printing and distributing those publications. Upon the approval of the budget by the Superintendent of Public Instruction, he or she shall note his or her approval thereon and transmit one copy thereof to the county superintendent of schools and one copy to the county auditor of the county. (Amended by Stats. 1987, Ch. 1452, Sec. 82.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 3. County School Service Funds—Computation of Allowances and Budgetary Requirements [14050 - 14058] SECTION 14052. Source version: id_cdc3d047-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=3. The State Board of Education shall establish definitions for publications, and each county superintendent of schools, upon making any publication shall transmit a copy thereof to the State Board of Education. In evaluating and analyzing justification documents, the Superintendent of Public Instruction shall be advised by an advisory committee composed of county superintendents of schools, which committee the Superintendent of Public Instruction is hereby authorized to appoint. (Amended by Stats. 1978, Ch. 843.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 3. County School Service Funds—Computation of Allowances and Budgetary Requirements [14050 - 14058] SECTION 14054. Source version: id_cdc3d049-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=3. The Superintendent of Public Instruction shall during each fiscal year allow to the county school service fund of each county from the State School Fund such amounts as the budget submitted by the county superintendent of schools and approved by the Superintendent of Public Instruction, under Section 14050, shows is necessary, but: (a) The total amount allowed by the Superintendent of Public Instruction under this section to all county school service funds for supervision of instruction and health, attendance, and guidance services pursuant to Sections 1730 to 1762, inclusive, for pupils in elementary school districts which during the next preceding fiscal year had less than 901 units of average daily attendance, in high school districts which, during the preceding year had less than 301 units of average daily attendance, and in unified school districts which during the next preceding fiscal year had less than 1,501 units of average daily attendance shall not exceed the sum provided by law for such purpose or the amounts shown necessary by such budgets, for such purpose, whichever is the lesser. (b) The total amount allowed by the Superintendent of Public Instruction under this section to all county school service funds for all other purposes shall not exceed the sum provided by law for such purposes or the amounts shown necessary by such budgets, whichever is the lesser. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 3. County School Service Funds—Computation of Allowances and Budgetary Requirements [14050 - 14058] SECTION 14055. Source version: id_cdc3d04b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=3. The Superintendent of Public Instruction shall allow at such times as needed to the county school service fund of each county eligible to receive reimbursement from the amount credited to the county school service fund contingency account in the State General Fund, the amounts claimed by the county superintendent of schools as expenditures from the county school service fund eligible for reimbursement. No amounts for purposes specified in Section 14035 shall be included in the budgets submitted by a county superintendent of schools to the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 3. County School Service Funds—Computation of Allowances and Budgetary Requirements [14050 - 14058] SECTION 14056. Source version: id_cdc3d04d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=3. The budget submitted pursuant to Section 14050 shall include an amount equal to that specified by law as the state’s contribution toward payment of the annual salary of the county superintendent of schools to be used exclusively for the partial payment of the annual salary of the county superintendent of schools. Such amount shall be paid for such purpose from the allowance made to the county school service fund pursuant to Section 14054. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 3. County School Service Funds—Computation of Allowances and Budgetary Requirements [14050 - 14058] SECTION 14057. Source version: id_cdc3d04f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=3. The Superintendent of Public Instruction shall allow, in addition to all other allowances, to the county school service funds: (a) for all emergency schools maintained in each elementary school district of the county by the county superintendent of schools, and (b) each elementary school maintained in juvenile halls, juvenile homes, and juvenile camps, by the county superintendent of schools, and all opportunity schools and classes maintained by the county superintendent of schools pursuant to Sections 48633 and 48634. No allowance shall be made for emergency schools which is in excess of the actual expense of maintaining the emergency school. (Amended by Stats. 1980, Ch. 1353, Sec. 5. Effective September 30, 1980.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 1. State School Fund [14000 - 14058] ARTICLE 3. County School Service Funds—Computation of Allowances and Budgetary Requirements [14050 - 14058] SECTION 14058. Source version: id_96a5349c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=1.&article=3. (a) For all adults with disabilities educated by the county superintendent of schools, for all secondary schools maintained in juvenile halls, juvenile homes, and juvenile camps by the county superintendent of schools, and for all pupils enrolled in grades 9 to 12, inclusive, in opportunity schools and classes and all continuation schools and classes maintained by the county superintendent of schools, the Superintendent shall allow the same amount as he or she would compute for the foundation program of a high school district under Section 41712. (b) Notwithstanding subdivision (a), the total of allowances for education of adults with disabilities in classes established by the county superintendent of schools pursuant to Section 52570 or 78440 shall not exceed fifty thousand dollars ($50,000) in any one fiscal year. The Superintendent shall establish a system of priorities that he or she shall by rule or regulation adopt that shall give highest priority to those counties in which no program or an insufficient program for the education of adults with disabilities is provided by the school districts within the county, in order to comply with the limitation prescribed by this section. (Amended by Stats. 2007, Ch. 569, Sec. 15. Effective January 1, 2008.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 2. Taxes on School Districts Located in Two or More Counties [14220 - 14226] SECTION 14220. Source version: id_cdc556f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=2. When any school district or community college district is situated partly in two or more counties the assessor of each of the counties shall annually certify to the board of supervisors of each of the counties the assessed value of all taxable property in the county situated in the district as shown by the last assessment roll of his county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 2. Taxes on School Districts Located in Two or More Counties [14220 - 14226] SECTION 14221. Source version: id_cdc6dd99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=2. The certificate of the assessor shall be made in the same manner and at the same time as is required for school districts or community college districts located wholly within the boundaries of one county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 2. Taxes on School Districts Located in Two or More Counties [14220 - 14226] SECTION 14222. Source version: id_cdc6dd9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=2. The board of supervisors of each county, after receiving the certificate of the assessor, shall thereupon determine the rate of taxation necessary to be levied upon the property in the school district or community college district situated in the county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 2. Taxes on School Districts Located in Two or More Counties [14220 - 14226] SECTION 14223. Source version: id_cdc8643d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=2. The rate of taxation shall be sufficient to meet the proportion of taxes necessary to be raised in the county for the purpose of paying the principal and interest of the bonds of the district and all other expenses of the district as shown by the estimate of the county superintendent of schools having jurisdiction over the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 2. Taxes on School Districts Located in Two or More Counties [14220 - 14226] SECTION 14224. Source version: id_cdc8643f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=2. The taxes shall be assessed, levied, and collected in the same manner and at the same time as county taxes are assessed, levied, and collected. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 2. Taxes on School Districts Located in Two or More Counties [14220 - 14226] SECTION 14225. Source version: id_cdc86441-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=2. The money received shall be deposited in the county treasury of the county whose superintendent of schools has jurisdiction over the school district or community college district, and such county treasury shall be the legal depository of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 2. Taxes on School Districts Located in Two or More Counties [14220 - 14226] SECTION 14226. Source version: id_cdc86443-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=2. The money deposited shall be placed in the school fund of the school district or community college district to be expended in the same manner as money of other districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 3. Disputed Revenues of School Districts [14240 - 14401.1] SECTION 14240. Source version: id_cdc86447-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=3. The county auditor may impound the disputed revenues of school district or community college district taxes, upon secured or unsecured property, levied and collected in the 1954–1955 fiscal year, and thereafter, whenever, pursuant to Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code, a claim or action is filed for the return of those revenues, or the taxes have been paid under protest. The county auditor may continue to impound the revenues until the final disposition of the claim or action. If, under the final disposition, it is determined that the taxes were properly levied against the property, the auditor shall release the revenues to the school district or community college district, and the auditor shall thereupon immediately notify, in writing, the Superintendent of Public Instruction or board of governors, as the case may be, of the release. (Amended by Stats. 1985, Ch. 106, Sec. 14.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 2. Local Taxation by School Districts and Community College Districts [14220 - 14401.1] ARTICLE 3. Disputed Revenues of School Districts [14240 - 14401.1] SECTION 14401.1. Source version: id_175866fb-7ea0-11de-8c49-ad23393e09f7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=2.&article=3. Of the amounts appropriated in the items listed in paragraph (2) of subdivision (a) of Section 42605 that are contained in the annual Budget Act, payments equal to 5 percent of the total amount appropriated in those items shall be made for the months of July and August. Payments for the months of September to June, inclusive, shall be equal to 9 percent of the total amount appropriated in those items. (Added by Stats. 2009, 4th Ex. Sess., Ch. 23, Sec. 3. Effective July 28, 2009.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14500. Source version: id_968da036-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= It is the intent of the Legislature in enacting this chapter to promote accountability over public educational funding by establishing a new program to review and report on financial and compliance audits of school districts, educational joint powers authorities, county superintendents of schools, and charter schools. It is further the intent of the Legislature that the Controller shall have the primary responsibility for implementing and overseeing the program. (Amended by Stats. 2026, Ch. 65, Sec. 23. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14501. Source version: id_9968aca8-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= (a) As used in this chapter, “financial and compliance audit” shall be consistent with the definition provided in the generally accepted government auditing standards promulgated by the United States Government Accountability Office. Financial and compliance audits conducted under this chapter shall fulfill federal single audit requirements. (b) For purposes of this chapter, the following definitions apply: (1) “Compliance audit” means an audit that ascertains and verifies whether or not funds provided through apportionment, contract, or grant, either federal or state, have been properly disbursed and expended as required by law or regulation, or both, and includes the verification of each of the following: (A) Expenditure of funds in accordance with the local control and accountability plan adopted pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 of Title 2. (B) The reporting requirements for the sufficiency of textbooks or instructional materials, or both, as defined in Section 60119. (C) Teacher misassignments pursuant to Section 44258.9. (D) The accuracy of information reported on the School Accountability Report Card required by Section 33126. (2) “Educational joint powers authority” means an entity described in subdivision (a) of Section 41023 that is formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). (3) “Local educational agency” means a school district, educational joint powers authority, charter school, or county superintendent of schools. (c) The requirements set forth in subparagraphs (B) to (D), inclusive, of paragraph (1) of subdivision (b) shall be added to the audit guide requirements pursuant to subdivision (b) of Section 14502.1. (Amended by Stats. 2026, Ch. 65, Sec. 24. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14502.1. Source version: id_9c40f9fa-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= (a) The Controller, in consultation with the Department of Finance and the department, shall develop a plan to review and report on financial and compliance audits. The plan shall commence with the 2003–04 fiscal year for audits of school districts, other local educational agencies, and the offices of county superintendents of schools. The Controller, in consultation with the Department of Finance, the department, and representatives of the California School Boards Association, the California Association of School Business Officials, the California County Superintendents Educational Services Association, the California Teachers Association, the California School Employees Association, the California Society of Certified Public Accountants, the California Charter Schools Association, and the County Office Fiscal Crisis and Management Assistance Team, shall recommend the statements and other information to be included in the audit reports filed with the state, and shall propose the content of an audit guide to carry out the purposes of this chapter. A supplement to the audit guide may be suggested in the audit year, following the above process, to address issues resulting from new legislation in that year that changes the conditions of apportionment. The proposed content of the audit guide and any supplement to the audit guide shall be submitted by the Controller to the Education Audit Appeals Panel for review and possible amendment. (b) The audit guide and any supplement shall be adopted by the Education Audit Appeals Panel pursuant to the rulemaking procedures of the Administrative Procedure Act, as set forth in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. It is the intent of the Legislature that, for the 2003–04 fiscal year, the audit guide be adopted by July 1 of the fiscal year to be audited. A supplemental audit guide may be adopted to address legislative changes to the conditions of apportionment. It is the intent of the Legislature that supplements be adopted before March 1 of the audit year. Commencing with the 2004–05 fiscal year, and each fiscal year thereafter, the audit guide shall be adopted by July 1 of the fiscal year to be audited. A supplemental audit guide may be adopted to address legislative changes to the conditions of apportionment. The supplements shall be adopted before March 1 of the audit year. To meet these goals and to ensure the accuracy of the audit guide, the process for adopting emergency regulations set forth in Section 11346.1 of the Government Code may be followed to adopt the audit guide and supplemental audit guide. It is the intent of the Legislature that once the audit guide has been adopted for a fiscal year, as well as any supplement for that year, thereafter only suggested changes to the audit guide and any additional supplements need be adopted pursuant to the rulemaking procedures of the Administrative Procedure Act. The audit guide and any supplement shall be issued in booklet form and may be made available by any means deemed appropriate. The Controller and consultants in the development of the suggested audit guide and any supplement shall work cooperatively on a timeline that will allow the Education Audit Appeals Panel to meet the July 1 and March 1 issuance dates. Consistent with current practices for development of the audit guide before the 2003–04 fiscal year, the Controller shall provide for the adoption of procedures and timetables for the development of the suggested audit guide, any supplement, and the format for additions, deletions, and revisions. (c) For the audit of school districts or county offices of education electing to take formal action pursuant to Sections 22714 and 44929, the audit guide content proposed by the Controller shall include, but not be limited to, the following: (1) The number and type of positions vacated. (2) The age and service credit of the retirees receiving the additional service credit provided by Sections 22714 and 44929. (3) A comparison of the salary and benefits of each retiree receiving the additional service credit with the salary and benefits of the replacement employee, if any. (4) The resulting retirement cost, including interest, if any, and postretirement health care benefits costs, incurred by the employer. (d) The Controller shall annually prepare a cost analysis, based on the information included in the audit reports for the prior fiscal year, to determine the net savings or costs resulting from formal actions taken by school districts and county offices of education pursuant to Sections 22714 and 44929, and shall report the results of the cost analysis to the Governor and the Legislature by April 1 of each year. (e) All costs incurred by the Controller to implement subdivision (c) shall be absorbed by the Controller. (f) On or before January 1, 2015, the Controller, in consultation with the State Allocation Board, the Department of Finance, and the department, shall submit content to the Education Audit Appeals Panel to be included in the audit guide, Standards and Procedures for Audits of California K-12 Local Educational Agencies beginning in the 2015–16 fiscal year, that is related to the financial and performance audits required for school facility projects, as described in Section 15286. (Amended by Stats. 2026, Ch. 65, Sec. 25. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14503. Source version: id_9f1e294c-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= Financial and compliance audits shall be performed in accordance with the generally accepted government auditing standards promulgated by the United States Government Accountability Office for financial and compliance audits and in accordance with the filing deadlines established pursuant to Sections 41020 and 41020.2. The audit guide prepared by the Controller shall be used in the performance of these audits until an audit guide is adopted by the Education Audit Appeals Panel pursuant to Section 14502.1. When an audit guide is adopted by that panel, the adopted audit guide shall be used in the performance of these audits. Every audit report shall specifically and separately address each of the state program compliance requirements included in the audit guide, stating whether or not the local educational agency is in compliance with those requirements. For each state program compliance requirement included in the audit guide, every audit report shall further state that the suggested audit procedures included in the audit guide for that requirement were followed in the making of the audit, if that is the case, or, if not, what other procedures were followed. If a local educational agency is not in compliance with a requirement that is a condition of eligibility for the receipt of state funds, the audit report shall include a statement of the number of units of average daily attendance, if any, that were inappropriately reported for apportionment. (Amended by Stats. 2026, Ch. 65, Sec. 26. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14504. Source version: id_a1f983de-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= (a) (1) To determine the practicability and effectiveness of the audits and audit guide, the Controller shall, on an annual basis, review and monitor the audit reports performed by independent auditors. (2) (A) The Controller shall determine whether audit reports are in conformance with the reporting provisions of Section 14503 and shall notify each local educational agency, the responsible chartering authority if applicable, the responsible county superintendent of schools, the Superintendent, the Department of Finance, and the auditor within six months of the audit report due date or the audit report issue date, whichever is later, regarding each determination. (B) The local educational agency, the chartering authority, the county superintendent of schools, or the Superintendent contracting for the financial and compliance audit shall include a statement that will provide the Controller access to audit working papers. (b) Commencing with the 2027–28 fiscal year, the Controller’s desk review checklist that is used to determine whether audit reports are in conformance with the reporting requirements of Section 14503 shall be published on or before October 31 of each year, or 30 days following the release of the annual federal compliance supplement for Single Audit Act audits, whichever is later. The Controller’s desk review checklist shall focus on elements of reporting that are material, whether qualitative or quantitative, and areas with a higher risk of error or misstatement. (Amended by Stats. 2026, Ch. 65, Sec. 27. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14504.2. Source version: id_a4e447c0-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= (a) The Controller may perform quality control reviews of audit working papers to determine whether audits are performed in conformity with Section 14503. The Department of Finance or the Superintendent may refer an independent auditor of a local educational agency to the Controller for a review pursuant to this section if the Department of Finance or the Superintendent finds that an audit of a local educational agency was conducted in a manner that may constitute noncompliance with Section 14503. The Controller shall communicate the results of the Controller’s reviews to the entity that referred the independent auditor to the Controller, the independent auditor, and the local educational agency for which the audit was performed, and shall review the Controller’s findings with the independent auditor. (b) (1) Prior to the performance of any quality control reviews, the Controller shall develop and publish guidelines and standards for those reviews. Pursuant to the development of those guidelines and standards, the Controller shall provide opportunity for public comment. (2) The Controller shall establish and publish as part of the audit guidelines a weighted risk-based criteria that considers auditor experience and quality factors in determining which audit engagements shall undergo a quality control review. Criteria shall include, but not be limited to, all of the following: (A) Audit reports that were found to have material nonconformance to the reporting provisions of Section 14503 through the Controller’s review. (B) Audits conducted by an engagement partner who has not performed audits of local educational agencies in the preceding three years. (C) Audits that are submitted after the due date established pursuant to subdivision (k) of Section 41020, or an approved extension date, whichever is later. (3) If the quality control review of the Controller indicates that the audit was conducted in a manner that may constitute unprofessional conduct, as defined pursuant to Section 5100 of the Business and Professions Code, including, but not limited to, gross negligence resulting in a material misstatement in the audit, the Controller shall refer the case to the California Board of Accountancy. If the California Board of Accountancy finds that the independent auditor conducted an audit in an unprofessional manner, the independent auditor is prohibited from performing any audit of a local educational agency for a period of three years, in addition to any other penalties that the California Board of Accountancy may impose. (c) In any matter that is referred to the California Board of Accountancy under paragraph (3) of subdivision (b), the Controller may suspend the independent auditor from performing any local educational agency audits pending final disposition of the matter by the California Board of Accountancy if the Controller gives the independent auditor notice and an opportunity to respond to that suspension. The independent auditor shall be given credit for any period of suspension if the California Board of Accountancy prohibits the independent auditor from performing audits of the local educational agency under paragraph (3) of subdivision (b). The Controller shall not suspend an independent auditor under this subdivision for a period of longer than three years. (d) The county superintendent of schools, the school district, the charter school, the chartering authority, the Controller, or the Superintendent may refer an independent auditor of a local educational agency to the California Board of Accountancy for action described in paragraph (3) of subdivision (b) if any of the following circumstances exist: (1) An audit of a local educational agency was conducted in a manner that may constitute unprofessional conduct, as defined by Section 5100 of the Business and Professions Code, including, but not limited to, gross negligence resulting in a material misstatement in the audit. (2) Material deficiencies are discovered in the quality control review conducted pursuant to this section. (3) The continuing education requirements of Section 41020 are not met. (Amended by Stats. 2026, Ch. 65, Sec. 28. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14505. Source version: id_a7c324c2-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= (a) The governing board or body of a local educational agency shall include both of the following provisions in their contracts for audits: (1) A provision to withhold 10 percent of the audit fee until the Controller certifies that the audit report conforms to the reporting provisions of Section 14503. (2) A provision to withhold 50 percent of the audit fee for any subsequent year of a multiyear contract if the prior year’s audit report was not certified as conforming to the reporting provisions of Section 14503. This provision shall include a statement that a multiyear contract will be null and void if a firm or individual is declared ineligible pursuant to subdivision (c) of Section 41020.5. The amount withheld is not payable unless payment is ordered by the California Board of Accountancy or the audit report for that subsequent year is certified by the Controller as conforming to the reporting provisions of Section 14503. (b) If the Controller has not provided a written certification that the audit report has conformed to the reporting provisions of Section 14503 or a written rejection letter detailing the exceptions noted by the Controller’s review with instructions for corrections by the sixth month following the date that the audit is received by the Controller, or the audit due date, whichever is later, the governing board or body of the local educational agency may release the amounts withheld in audit fees pursuant to paragraph (1) of subdivision (a). (c) Within 30 days from the date of receipt of written notification that the Controller refuses to certify an audit report as conforming to the reporting provisions of Section 14503, an auditor or audit firm having a portion of an audit fee withheld pursuant to these provisions may file an appeal in writing with the California Board of Accountancy. The California Board of Accountancy shall complete an investigation of the appeal within 90 days of the filing date and, on the basis of the investigation, do either of the following: (1) Order the Controller to provide notification that the audit report conforms to the reporting provisions of Section 14503. (2) Schedule the appeal for a hearing, in which case the final action on the appeal shall be completed by the California Board of Accountancy within one year from the date of filing the appeal. (d) If the California Board of Accountancy orders the Controller to provide notification pursuant to paragraph (1) of subdivision (c), the Controller shall notify the contracting local educational agency which shall then release the portion of the audit fee being withheld in accordance with this section. (Amended by Stats. 2026, Ch. 65, Sec. 29. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14506. Source version: id_aa9c0e54-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= The Controller shall conduct any additional audits that are necessary to carry out the Controller’s duties and responsibilities pursuant to this code and the Government Code. This chapter does not authorize a local educational agency, or a subcontractor or subrecipient, to constrain, in any manner, the Controller from carrying out additional audits. To the extent that the required financial and compliance audits provide the Controller with the information necessary to carry out the Controller’s responsibilities, the Controller shall plan additional audits as appropriate to avoid unnecessary duplication of audit efforts. In performing additional audits, the Controller shall, to the extent deemed appropriate under the circumstances, build upon the work performed during the required financial and compliance audit. The Controller shall not bill the local educational agency for the costs of these additional audits. (Amended by Stats. 2026, Ch. 65, Sec. 30. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14507. Source version: id_adbab376-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= The Controller shall report to the Superintendent on or before August 31 of each year in order to apprise the Superintendent of those local educational agencies that are not in compliance with the applicable statutes and regulations. The Controller’s report shall categorize audit exception by types and shall identify the reasons for the exceptions. The reasons may be the legislative intent or language is unclear or the administrative requirement is not feasible. The Controller shall make recommendations as to what action should be taken by the Superintendent. Before issuing the report, the Controller shall allow each local educational agency that is specified in the report a reasonable period of time to review and comment on the section of the report affecting that local educational agency. (Amended by Stats. 2026, Ch. 65, Sec. 31. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14508. Source version: id_b08f0928-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= Notwithstanding Section 10231.5 of the Government Code, the Controller shall submit a report, consistent with Section 9795 of the Government Code, to the Legislature on or before August 31 of each year regarding any recommendations made to the Superintendent pursuant to Section 14507. (Amended by Stats. 2026, Ch. 65, Sec. 32. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 3. Financial and Compliance Audits [14500 - 14509] SECTION 14509. Source version: id_b366ba3a-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=3.&article= The funding appropriated in Item 6100-161-0001 of the annual Budget Act for mental health services shall be subject to existing state and federal audit requirements. Audit procedures shall be included in the audit guide to review whether funding for educationally related mental health services pursuant to this item was used by local educational agencies for its intended purposes in the 2016–17 fiscal year. These audit procedures shall be included in future fiscal years if the addition of these procedures is recommended by the Controller pursuant to subdivision (a) of Section 14502.1. If any mental health audit findings are generated through this process, the Superintendent shall ensure that the local educational agency has either corrected or developed a plan of correction for state and federal mental health funds pursuant to subdivision (o) of Section 41020. (Amended by Stats. 2026, Ch. 65, Sec. 33. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9. FINANCE [14000 - 14550] CHAPTER 4. Retention of Local Obligations [14550- 14550.] SECTION 14550. Source version: id_cdccf841-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.&chapter=4.&article= (a) Notwithstanding any other provision of law, a local education agency’s obligations pursuant to law may not be avoided through participation in a joint powers authority. (b) A local education agency’s financial obligations to the state may not be avoided through participation in a joint powers authority. (c) A local education agency’s participation in a joint powers authority may not relieve the local education agency of any financial obligation or responsibility in such a way as to shift costs or liability to the state unless the state entity undertaking the obligation is a party to the joint powers agreement and expressly agrees in the agreement to undertake the obligation. (d) A local educational entity retains ultimate responsibility over its obligations in case of default by a joint powers authority in which it participates. (Added by Stats. 2000, Ch. 71, Sec. 9. Effective July 5, 2000.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9.3. THE CALIFORNIA STATE LOTTERY EDUCATION FUND [14600- 14600.] SECTION 14600. Source version: id_cdce7ee5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.3.&chapter=&article= (a) The Legislature finds and declares that one purpose of the California State Lottery Act of 1984 (Chapter 12.5 (commencing with Section 8880) of Division 1 of Title 2 of the Government Code) was to provide school districts, county offices of education, and community college districts with additional funds free of state control. (b) In order to further the purpose identified in subdivision (a), the expenditure of funds received by a school district, county office of education, or community college district pursuant to Section 8880.5 of the Government Code shall not be subject to state control. (Added by Stats. 1985, Ch. 872, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9.5. CALIFORNIA STATE LOTTERY EDUCATION FUND [14700 - 14701] SECTION 14700. Source version: id_cdd00589-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.5.&chapter=&article= Funds allocated to any public educational entity from the California State Lottery Education Fund, pursuant to Section 8880.5 of the Government Code, may be used by that entity at its discretion in conformity with Section 8880.5. (Added by Stats. 1985, Ch. 1052, Sec. 1.) ============================================================================== TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] PART 9.5. CALIFORNIA STATE LOTTERY EDUCATION FUND [14700 - 14701] SECTION 14701. Source version: id_cdd0058b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=1.&division=1.&part=9.5.&chapter=&article= The Legislature recognizes that the amount of lottery revenues may fluctuate over time. Therefore, it is the intent of the Legislature that no additional funds be provided in order to offset any decline in lottery revenues. (Added by Stats. 1985, Ch. 1052, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33000. Source version: id_d27b1718-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. There is in the state government a State Board of Education, consisting of 10 members, who are appointed by the Governor with the advice and consent of two-thirds of the Senate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33000.5. Source version: id_aef0e4a1-fcd0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. (a) Notwithstanding Sections 33000 and 33001, the Governor shall also appoint a student member to the state board with the advice and consent of two-thirds of the Senate. (b) The term of office of the student member is one year, and shall begin on August 1. An individual may serve only one term as a student member. (c) Notwithstanding Section 1020 of the Government Code, the student member shall be, at the time the student member’s one-year term commences, a student enrolled in good standing in grade 12 in a public high school. The student member shall be selected from three students recommended by the state board pursuant to subdivision (d). The student member shall be a voting member with the full rights and duties of the other 10 members of the state board. (d) The process for selecting the student member shall be as follows: (1) Each year, the state board shall notify every school district that applications are being accepted for the student member’s position. (2) A screening committee of the state board shall select 12 semifinalists for the student member’s position. Those semifinalists shall be presented to the California Association of Student Councils, which shall select a maximum of six final candidates for presentation to the state board. (3) Each year, the state board shall select three finalists for the Governor’s consideration and may rank the finalists according to its preference. (Amended by Stats. 2018, Ch. 507, Sec. 5. (SB 816) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33001. Source version: id_d27b171c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. The term of office of the members of the board is four years, and they shall hold office until the appointment and qualification of their successors. The terms of the members of the board in office when this section takes effect shall expire as follows: Three members January 15, 1960. Two members January 15, 1961. Three members January 15, 1962. Two members January 15, 1963. The terms shall expire in the same relative order as to each member as the term for which he holds office before this section takes effect. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33002. Source version: id_d27b171e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. Any vacancy shall be filled by appointment by the Governor, subject to confirmation by two-thirds of the Senate. The appointee to fill a vacancy shall hold office only for the balance of the unexpired term. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33003. Source version: id_d27c9dc0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. The board, through its own bylaws, shall provide for its operation and organization, including, but not limited to, the election of its officers and the establishment of its committees. (Repealed and added by Stats. 1987, Ch. 917, Sec. 6.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33004. Source version: id_cb680a69-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. The Superintendent shall be secretary and shall act as executive officer of the state board. The Superintendent shall have charge of all its correspondence and shall keep a record of its proceedings. (Amended by Stats. 2021, Ch. 666, Sec. 21. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33005. Source version: id_d27c9dc4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. The board shall appoint an acting secretary, who shall also act as executive officer of the board in the absence of the Superintendent of Public Instruction from the state, or in case of his incapacity for duty. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33006. Source version: id_d27c9dc6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. (a) Members of the board shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive the allowance in excess of expenses specified in Section 11564.5 of the Government Code for each day he or she is acting in an official capacity. (b) Effective January 1, 1997, when a board member is employed by a public school and, while the board member is acting in his or her official capacity as a member of the board, and his or her employer is required to hire a substitute teacher to replace that board member, then the board may, from funds appropriated for support of the board’s activities, reimburse that public school for the daily cost of hiring the substitute teacher during the board member’s absence from his or her employment. (Amended by Stats. 1997, Ch. 825, Sec. 7. Effective October 9, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33007. Source version: id_d27c9dc8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. The board shall meet at least six times a year at such times as it may by resolution determine; provided, that it shall meet at least once every three months. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33008. Source version: id_d27c9dca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. Special meetings may be called by the president. Upon the request of any four members in writing, the secretary shall call a special meeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33009. Source version: id_d27e246c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. Notice of each meeting shall be given by the secretary by registered mail to each member of the board at least 10 days prior to the time of the meeting. Notice of the meeting may be waived in writing by all members of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33009.5. Source version: id_d27e246e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. Notwithstanding subdivision (b) of Section 11125 of the Government Code, when the board provides information on its Internet site, that is available to subscribers to the extent permitted by law, concerning an agenda item, it shall provide the same information that is otherwise provided to board members. Nothing in this section is intended to require the board to provide any additional printed or electronic information beyond that which it would otherwise make available to the public at the open session. (Added by Stats. 2002, Ch. 1020, Sec. 1. Effective September 28, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33009.7. Source version: id_022bccf6-0128-11e1-a160-a77b908e9805 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. (a) The state board shall provide for live video and audio transmission of all board meetings and hearings that are open to the public through a technology that is accessible to as large a segment of the public as possible, including, but not limited to, the use of any of the following technologies: (1) Cable, satellite, over-the-air, or any other type of transmission that can be accessed through a television. (2) Web cast. (b) The state board shall ensure that any Web cast transmission implemented pursuant to subdivision (a) may be transmitted over and accessed through the K-12 High-Speed Network established pursuant to paragraph (2) of subdivision (b) of Section 11800. (c) The state board shall consult with the State Chief Information Officer for the purposes of implementing this section pursuant to the duties that the State Chief Information Officer is required to perform, as described in Section 11545 of the Government Code. (Added by Stats. 2009, Ch. 179, Sec. 1. (SB 312) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33010. Source version: id_d27e2470-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. The concurrence of six members of the board shall be necessary to the validity of any of its acts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 1. Composition [33000 - 33011] SECTION 33011. Source version: id_d27fab12-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=1. Whenever by any law the board is authorized to appoint members to a board, commission, or other statutorily created body, the board may also appoint a nonvoting student member to that body. The student member shall receive actual and necessary expenses from the body to which he or she is appointed and shall be afforded an opportunity to express his or her preference on all matters voted upon by that body. The term of office of all student members appointed pursuant to this section shall be one year beginning on August 1. A person may serve only one term as a student member. The board shall determine the process for selecting student members appointed pursuant to this section by amendment to its bylaws. (Added by Stats. 1988, Ch. 1461, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33030. Source version: id_d27fab16-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The board shall determine all questions of policy within its powers. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33031. Source version: id_d27fab18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The board shall adopt rules and regulations not inconsistent with the laws of this state (a) for its own government, (b) for the government of its appointees and employees, (c) for the government of the day and evening elementary schools, the day and evening secondary schools, and the technical and vocational schools of the state, and (d) for the government of other schools, excepting the University of California, the California State University, and the California Community Colleges, as may receive in whole or in part financial support from the state. The rules and regulations adopted shall be published for distribution as soon as practicable after adoption. (Amended by Stats. 1990, Ch. 1372, Sec. 185.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33032. Source version: id_d27fab1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The board shall study the educational conditions and needs of the state. It shall make plans for the improvement of the administration and efficiency of the public schools of the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33033. Source version: id_d27fab1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The State Board of Education may: (a) Establish at the request of the governing authorities of any state institution, courses of instruction for the inmates of the institution. (b) Examine under arrangements with the governing authorities of the institution the progress of students taking the courses and grant high school diplomas to students meeting the requirements for high school graduation. Certificates of completion previously awarded by the State Board of Education to students who, at the time of the award of a certificate of completion, met the requirements for high school graduation, shall be deemed for all purposes to be the equivalent of diplomas of high school graduation. (Amended by Stats. 1983, Ch. 556, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33034. Source version: id_d28131be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The board shall issue subpoenas to compel the attendance of witnesses before the board, or any member thereof, in the same manner as any court in this state. Whenever the testimony of any witness upon any matter pending before it is material, the president shall cause the attendance of the witnesses before the board, or a member of the board, to testify concerning the matter, and the board may make a reasonable allowance for this purpose not exceeding the fees of witnesses in civil cases. The allowance shall be paid for out of the appropriation for the expense of the board, but in no instance shall an allowance be made in favor of a witness who appears in behalf of a claimant. The provisions of this section shall not apply to proceedings conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33035. Source version: id_d28131c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The board shall adopt and use an official seal in authentication of its acts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33036. Source version: id_d28131c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The board shall cause the Department of General Services to do any printing required by it. All orders for printing shall first be approved by the Department of General Services. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33037. Source version: id_d28131c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The board shall submit to the Governor biennially on or before the fifteenth day of September next preceding the regular session of the Legislature, a report of its transactions for the preceding two years, together with recommendations of its needs for the coming biennium, and such recommendations as to changes in laws or new educational legislation as may seem to it to be necessary. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33039. Source version: id_d28131c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The State Board of Education shall develop guidelines which school districts may use in the development of teacher evaluation procedures pursuant to Article 11 (commencing with Section 44660) of Chapter 1 of Part 25 of Division 3 of this title, and shall distribute such guidelines to every school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33040. Source version: id_d28131c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The State Board of Education and the governing bodies of any county, city, and fire protection district are authorized to enter into agreements providing for the assignment of employees of the fire departments of such counties, cities, and fire protection districts to serve as instructors in fire training programs conducted under the auspices of the State Board of Education and providing for the payment to such counties, cities, and fire protection districts by the State Board of Education from the funds appropriated for vocational education of such amount as may be agreed upon for the services of such employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33041. Source version: id_d28131ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The State Board of Education shall revise the health instruction framework adopted by the board in 1977 to include instructional guidelines on the following: (a) The relationship of proper health and nutritional practices during pregnancy to the health of the newborn child for pupils that are 12 to 18 years of age. (b) The recognition that violence is a public health issue and a condition that is learned and may be prevented through education and community-based intervention. In helping to carry out this requirement, the State Department of Education shall consult with existing community resources that have expertise in these matters when developing a curriculum for violence as a public health issue. (Added by Stats. 1992, Ch. 1065, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33042. Source version: id_d28131cc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. The Legislature encourages school districts to comply with the State Board of Education’s English Language and Arts Writing Arts Strategies on cursive handwriting standards whereby pupils are expected to write fluidly and legibly. School districts are encouraged to teach methods of penmanship that may include, but are not limited to, the D’Nealian Method and the Palmer Method of penmanship. (Added by Stats. 2002, Ch. 508, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 2. Powers and Duties [33030 - 33043] SECTION 33043. Source version: id_2a74b21f-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=2. (a) The Governor may appoint a total of six deputies to the executive director of the state board. A deputy to the executive director appointed pursuant to this section shall be exempt from state civil service pursuant to subdivision (f) of Section 4 of Article VII of the California Constitution. (b) It is the intent of the Legislature that appointments to these exempt positions do not result in an increase in the amount appropriated to the state board in the annual Budget Act or a net increase in the expenditures of the state board. (Added by Stats. 2024, Ch. 38, Sec. 11. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 3. Waiver Authority [33050 - 33053] SECTION 33050. Source version: id_b7c4961e-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=3. (a) The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the state board to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, except: (1) Chapter 12.5 (commencing with Section 2574) of Part 2 of Division 1 of Title 1. (2) Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10 of Division 1 of Title 1. (3) Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1. (4) Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1. (5) Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000) of Division 1 of Title 1. (6) Section 35735.1. (7) Paragraph (8) of subdivision (a) of Section 37220. (8) The following provisions of Part 10.5 (commencing with Section 17210) of Division 1 of Title 1: (A) Chapter 1 (commencing with Section 17210). (B) Article 1 (commencing with Section 17251) to Article 7 (commencing with Section 17375), inclusive, of Chapter 3. (C) Sections 17416 to 17429, inclusive; Sections 17459 and 17462; subdivision (a) of Section 17464; and Sections 17582 to 17590, inclusive. (9) The following provisions of Part 24 (commencing with Section 41000) of Division 3: (A) Sections 41000 to 41360, inclusive. (B) Sections 41420 to 41423, inclusive. (C) Section 41544. (D) Sections 41600 to 41863, inclusive. (E) Sections 41930 to 42850, inclusive. (10) Sections 44504 and 44505. (11) Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3. (12) Part 26 (commencing with Section 46000) of Division 4. (13) The following provisions of Part 26.8 (commencing with Section 47600) of Division 4: (A) Subdivision (i) of Section 47632. (B) Section 47635. (C) Section 47652. (D) Article 6 (commencing with Section 47660) of Chapter 6. (14) Article 1 (commencing with Section 48000) of Chapter 1 of Part 27 of Division 4. (15) Section 48310. (16) Section 48359.5. (17) Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27 of Division 4. (18) Section 51513. (19) Section 52163. (20) The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6. (21) Sections 52165, 52166, and 52178. (22) Section 56364.1, except that this restriction shall not prohibit the state board from approving any waiver of Section 56364.2, relating to full inclusion. (23) Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, relating to the California Assessment of Student Performance and Progress (CAASPP), and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 that establish requirements for the CAASPP. (24) Part 38 (commencing with Section 65000) of Division 4. (b) A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (a) shall include a written statement as to both of the following: (1) Whether the exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, participated in the development of the waiver. (2) The exclusive representative’s position regarding the waiver. (c) A request for a waiver submitted pursuant to subdivision (a) relating to a regional occupational center or program established pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28 of Division 4, which is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions: (1) Each joint waiver request shall comply with all of the requirements of this article. (2) The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency. (Amended by Stats. 2026, Ch. 65, Sec. 38. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 3. Waiver Authority [33050 - 33053] SECTION 33051. Source version: id_8c173a00-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=3. (a) The state board shall approve any and all requests for waivers except in those cases where the board specifically finds any of the following: (1) The educational needs of the pupils are not adequately addressed. (2) The waiver affects a program that requires the existence of a schoolsite council and the schoolsite council did not approve the request. (3) The appropriate councils or advisory committees, including bilingual advisory committees, did not have an adequate opportunity to review the request and the request did not include a written summary of any objections to the request by the councils or advisory committees. (4) Pupil or school personnel protections are jeopardized. (5) Guarantees of parental involvement are jeopardized. (6) The request would substantially increase state costs. (7) The exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, was not a participant in the development of the waiver. (b) The governing board of a school district that has requested and received a general waiver under this article for two consecutive years for the same general waiver is not required to reapply annually if the information contained on the request remains current. The state board may require updated information for the request whenever it determines that information to be necessary. This section does not prevent the state board from rescinding a waiver if additional information supporting a rescission is made available to the board. This waiver process shall not apply to waivers pertaining to teacher credentialing, which shall be submitted to the state board annually. (Amended by Stats. 2008, Ch. 179, Sec. 42. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 3. Waiver Authority [33050 - 33053] SECTION 33051.5. Source version: id_d2843f16-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=3. Not less than 30 days prior to any public hearing it conducts pursuant to Section 33050 concerning a request to waive any provision of Article 5 (commencing with Section 39390) of Chapter 3 of Part 23, the State Board of Education shall provide written notice of the hearing to each public agency to which an offer of sale or lease must be made under Section 39394. (Added by Stats. 1985, Ch. 837, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 3. Waiver Authority [33050 - 33053] SECTION 33052. Source version: id_d2843f18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=3. (a) If formal action by the State Board of Education on a waiver request is not taken by the second regular meeting of the board following receipt of a complete and documented waiver request by the State Department of Education, the waiver shall be deemed approved for one year, commencing the first day of the following month. (b) Notwithstanding subdivision (a), no provision of Article 5 (commencing with Section 39390) of Chapter 3 of Part 23 shall be waived except by formal action of the State Board of Education. (Amended by Stats. 1988, Ch. 1461, Sec. 6.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 3. Waiver Authority [33050 - 33053] SECTION 33052.3. Source version: id_d2843f1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=3. For the purposes of improving the financial management and reporting practices of school districts and county offices of education, and developing and testing those practices prior to implementation, the Superintendent of Public Instruction may waive for up to three consecutive fiscal years the requirements of current law and the regulations that are in conflict with the proposed improvements. A waiver shall only be available to school districts and county offices of education that volunteer to develop and test the proposed improved financial management and reporting practices. (Added by Stats. 1988, Ch. 1461, Sec. 7.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 3. Waiver Authority [33050 - 33053] SECTION 33052.5. Source version: id_d285c5bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=3. For purposes of this article, “school district” shall include county offices of education. (Added by Stats. 1983, Ch. 1302, Sec. 1.5. Effective September 30, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1. State Board of Education [33000 - 33053] ARTICLE 3. Waiver Authority [33050 - 33053] SECTION 33053. Source version: id_d285c5be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.&article=3. The State Department of Education shall annually submit a report to the Governor, Legislature, State Board of Education, and make the report available to the superintendent and board president of each school district and county office of education. This report shall include a description of the number and types of waivers requested of the board, the actions of the board on those requests, and sources of further information on existing or possible waivers. (Added by Stats. 1982, Ch. 1298, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 1.5. Purpose [33080- 33080.] SECTION 33080. Source version: id_d285c5c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=1.5.&article= Each child is a unique person, with unique needs, and the purpose of the educational system of this state is to enable each child to develop all of his or her own potential. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 1. Appointment and Salaries [33100 - 33102] SECTION 33100. Source version: id_d2874b6a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=1. A vacancy in the office of Superintendent of Public Instruction shall be filled by appointment by the Governor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 1. Appointment and Salaries [33100 - 33102] SECTION 33102. Source version: id_d288d20e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=1. The actual and necessary traveling expenses of the Superintendent of Public Instruction, his deputy and assistants, shall be ordered and paid out of the appropriation made for the Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33110. Source version: id_d288d212-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Superintendent of Public Instruction may employ one Deputy Superintendent of Public Instruction and necessary clerical and expert assistants, and may fix the compensation of all statutory and other employees as provided by law, except as otherwise provided. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33111. Source version: id_d288d214-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Superintendent of Public Instruction shall execute, under direction of the State Board of Education, the policies which have been decided upon by the board and shall direct, under general rules and regulations adopted by the State Board of Education, the work of all appointees and employees of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33112. Source version: id_d28a58b6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Superintendent of Public Instruction shall: (a) Superintend the schools of this state. (b) Prepare, have printed, and furnish to teachers and to all officers charged with the administration of the laws relating to the public schools the blank forms and books necessary to the discharge of their duties, including blank teachers’ certificates to be used by county and city and county boards of education. (c) Authenticate with his or her official seal all drafts or orders drawn by him or her, and all papers and writings issued from his or her office. (d) Have bound, at the state bindery, all valuable school reports, journals, and documents in his or her office, or received by him or her. (e) Deliver over, at the expiration of his or her term of office, on demand, to his or her successor, all property, books, documents, maps, records, reports, and other papers belonging to his or her office, or which may have been received by him or her for the use of his or her office. (f) Designate and appoint, or terminate the designation and appointment of, any officer or employee of the department to have the powers and liabilities of a deputy, including designation pursuant to Section 7.9 of the Government Code, which appointment and termination of appointment shall be effective when filed in writing in the office of the Secretary of State. (g) Annually inform the governing boards of school districts, in a manner prescribed by the superintendent, of the provisions of Section 60510.5. (Amended by Stats. 1991, Ch. 1028, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33113. Source version: id_d28a58b8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Superintendent of Public Instruction shall prescribe regulations under which contracts, agreements, or arrangements may be made with agencies of the federal government for funds, services, commodities, or equipment to be made available to schools under the jurisdiction of the State Board of Education and the Superintendent of Public Instruction. (Amended by Stats. 1990, Ch. 1372, Sec. 186.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33113.5. Source version: id_9bd3f4ef-94c6-11f0-b924-ab4989f102ab Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) The department may require employees, prospective employees, volunteers, contractors, and subcontractors to undergo a fingerprint-based state and national criminal history background check. (b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 22. (SB 160) Effective September 17, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33114. Source version: id_d28a58ba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. All such contracts, agreements or arrangements shall be entered into in accordance with regulations prescribed by the Superintendent of Public Instruction and in no other manner. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33115. Source version: id_d28a58bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Superintendent of Public Instruction may enter into an agreement with the government of the United States or any agency thereof relative to the establishment of courses of study in aeronautics in the technical schools of the public school system, except the California State University. (Amended by Stats. 1983, Ch. 143, Sec. 21.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33116. Source version: id_d28a58be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Director of Education may enter into agreements with any agency of the federal government for the education of persons in the service of the federal government in schools under the jurisdiction of the Department of Education. All money received from an agency of the federal government for the education of persons in any such school is hereby appropriated for the support of such school in addition to such other funds as may be appropriated therefor by the Legislature. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33117. Source version: id_d28a58c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Director of Education may enter into agreements with agencies of the federal government, county superintendents of schools, county boards of education, any school district, and state college foundations or other auxiliary organizations, including those established pursuant to Section 90000 for the performance of any services for those agencies by any school under the jurisdiction of the State Department of Education. All money received under any agreement, except recovery of contributions to the Public Employees’ Retirement Fund, is hereby appropriated for the support of the school in addition to other funds as may be appropriated therefor by the Legislature. (Amended by Stats. 1990, Ch. 1372, Sec. 187.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33117.5. Source version: id_d28bdf62-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) Adult education programs and regional occupational programs operated by school districts and county offices of education that have contracted with the Superintendent of Public Instruction pursuant to subdivision (b) shall provide services to welfare recipients referred by county welfare departments in accordance with subdivision (c) of Section 11322.8 and paragraph (3) of subdivision (b) of Section 11325.22 of the Welfare and Institutions Code. These services shall include an evaluation of the individual’s educational and training needs for purposes of subdivision (c) of Section 11322.8 and paragraph (3) of subdivision (b) of Section 11325.22 of the Welfare and Institutions Code and the preparation of a related education and training plan reflecting these needs. The plan shall specify the educational and training services to be provided and the length of time services are to be provided, and shall assure access to those services. (b) The Superintendent of Public Instruction shall identify school districts or county offices of education that can best accommodate welfare recipients for whom vocational education, adult education, and English as a second language is specified in contracts required by Sections 11321.4 and 11325.21 of the Welfare and Institutions Code. The superintendent shall enter into contracts with each consenting district or county office, where necessary, so that the contracting district, independent regional occupation program, or county office shall provide at least 10 weekly hours of open entry-open exit skills training and education for welfare recipients who need this training to enable counties to meet their goals for plans developed pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. If a program is unable to provide at least 10 hours of instruction to these participants, even though funds are available, the appropriate district or county office shall report to the superintendent the reasons why sufficient hours of instruction were not provided. The superintendent should provide technical assistance to those districts or county offices to resolve the problems that prohibit an adequate number of hours of instruction from being offered. (c) Allocations to the Superintendent of Public Instruction of funds available under Section 202 (c)(1)(C) and Section 262(c)(1)(C) of the federal Job Training Partnership Act shall be used for purposes of this section to the extent the superintendent determines necessary. The Superintendent of Public Instruction shall allocate these funds directly to service delivery areas for allocation to those providers of educational and training services delivered in accordance with this section. The Superintendent of Public Instruction shall allocate to community college districts and the Chancellor’s Office of the California Community Colleges such funds as are determined necessary pursuant to Section 71050. The Superintendent of Public Instruction may allocate these funds to service delivery areas which have agreements with private schools and organizations to provide educational and training services under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. These funds shall be allocated in accordance with the coordination criteria of the coordination and special services plan as provided in Section 10524 of the Unemployment Insurance Code, and according to the priority order of eligible persons for these funds as provided in Sections 15010 and 15011 of the Unemployment Insurance Code. (d) As a condition for the funding of education and training services to participants under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, as provided in subdivisions (a) to (c), inclusive, education providers and county welfare departments shall discuss and jointly certify that they agree upon the delivery of education and training services for program participants. (Amended by Stats. 1995, Ch. 306, Sec. 1. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33117.7. Source version: id_d28bdf64-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Superintendent of Public Instruction shall use 30 percent of the funds available under Section 202(c)(1)(C) and Section 262(c)(1)(C) of the federal Job Training Partnership Act to support the work-based learning component of a school-to-career program. These funds shall be expended as authorized by the federal act and shall be targeted for activities that create and support paid internships in the private sector, with an emphasis on small businesses, and paid work experience in the public sector or private nonprofit sector, for youth. (Added by Stats. 1997, Ch. 915, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33118. Source version: id_d28bdf66-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Superintendent of Public Instruction shall, not later than the 25th day of July in each year, prepare an estimate of the amount of state school money that will be apportioned to each county or city and county during the current school year, and furnish a certified copy of the estimate to each county or city and county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33119. Source version: id_d28bdf68-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. Other than for persons in the state civil service, the length of, and the time for, vacations of teachers, officers, and employees of the schools for the deaf, the school for the blind, and orientation centers for the blind shall be prescribed by the Director of Education, except that the length of vacations for teachers at orientation centers for the blind shall not exceed 30 days. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33120. Source version: id_d28bdf6a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Director of Education may conduct experimental work in education through various media, including radio and television. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33121. Source version: id_d28bdf6c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Director of Education may develop audial and visual curriculum materials, evolve means and methods, and prescribe standards, for the use of such materials in the public elementary and secondary schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33122. Source version: id_d28d660e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Director of Education shall employ such persons as are necessary for the coordination and the supervision of services for hard-of-hearing children. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33123. Source version: id_d28d6610-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Director of Education may enter into an agreement with any political entity mentioned in Section 44853 for the exchange and employment of persons serving as teachers in schools under the jurisdiction of the Department of Education and employees of public schools of the political entity. The exchange and employment shall be made under comparable circumstances, subject to comparable conditions, with comparable effect as to tenure and retirement rights, subject to comparable requirements as to payment of salary and deductions therefrom, and for the same period of time as set forth in Sections 44853, 44854, and 44855 with respect to the exchange of school district employees, except that the circumstances, conditions, rights, and requirements shall be those appropriate to the employment relationship between the teachers and the Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33125. Source version: id_d28d6612-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The Director of Education, subject to such conditions as the State Board of Education may establish, may purchase annuity contracts for the employees of the California School for the Deaf provided for in Chapter 1 (commencing with Section 59000) of Part 32 of Division 4 of this title, the California School for the Blind provided for in Chapter 2 (commencing with Section 59100) of Part 32 of Division 4 of this title, and the diagnostic schools for neurologically handicapped children provided for in Chapter 3 (commencing with Section 59200) of Part 32 of Division 4 of this title, and shall reduce the salary of any such employee for whom such contract is purchased in the amount of the cost thereof; provided that each of the following conditions are met: (a) The annuity contract is under an annuity plan which meets the requirements of subdivision (b) of Section 403 of the Internal Revenue Code of 1954 of the United States. (b) The employee makes application to the director for such purchase and reduction of salary. (c) All provisions of the Insurance Code applicable to the purchase of such annuities are satisfied. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33126. Source version: id_0fb402e5-fcd1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) The school accountability report card shall provide data by which a parent can make meaningful comparisons between public schools that will enable him or her to make informed decisions on the school in which to enroll his or her children. (b) The school accountability report card shall include, but is not limited to, assessment of the following school conditions: (1) (A) Pupil achievement by grade level, as measured by the standardized testing and reporting programs pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. (B) After the state develops a statewide assessment system pursuant to Chapter 5 (commencing with Section 60600) and Chapter 6 (commencing with Section 60800) of Part 33, pupil achievement by grade level, as measured by the results of the statewide assessment. (2) Progress toward reducing dropout rates, including the one-year dropout rate listed in the California Basic Educational Data System or a successor data system for the schoolsite over the most recent three-year period, and the graduation rate, as defined by the state board, over the most recent three-year period when available pursuant to Section 52052. (3) Estimated expenditures per pupil and types of services funded. The assessment of estimated expenditures per pupil shall reflect the actual salaries of personnel assigned to the schoolsite. The assessment of estimated expenditures per pupil shall be reported in total, shall be reported in subtotal by restricted and by unrestricted source, and shall include a reporting of the average of actual salaries paid to certificated instructional personnel at that schoolsite. (4) Progress toward reducing class sizes and teaching loads, including the distribution of class sizes at the schoolsite by grade level and the average class size, using the California Basic Educational Data System or a successor data system information for the most recent three-year period. (5) The total number of the school’s fully credentialed teachers, the number of teachers relying upon emergency credentials, the number of teachers working without credentials, any assignment of teachers outside their subject areas of competence, misassignments, including misassignments of teachers of English learners, and the number of vacant teacher positions for the most recent three-year period. (A) For purposes of this paragraph, “vacant teacher position” means a position to which a single-designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position of which a single-designated certificated employee has not been assigned at the beginning of a semester for an entire semester. (B) For purposes of this paragraph, “misassignment” means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (6) (A) Quality and currency of textbooks and other instructional materials, including whether textbooks and other materials meet state standards and are adopted by the state board for kindergarten and grades 1 to 8, inclusive, and adopted by the governing boards of school districts for grades 9 to 12, inclusive, and the ratio of textbooks per pupil and the year the textbooks were adopted. (B) The availability of sufficient textbooks and other instructional materials, as determined pursuant to Section 60119, for each pupil, including English learners, in each of the areas enumerated in clauses (i) to (iv), inclusive. If the governing board determines, pursuant to Section 60119, that there are insufficient textbooks or instructional materials, or both, it shall include information for each school in which an insufficiency exists, identifying the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area. The subject areas to be included are all of the following: (i) The core curriculum areas of reading/language arts, mathematics, science, and history/social science. (ii) World language and health. (iii) Science laboratory equipment for grades 9 to 12, inclusive, as appropriate. (iv) Visual and performing arts. (7) The availability of qualified personnel to provide counseling and other pupil support services, including the ratio of academic counselors per pupil. (8) Safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair as specified in Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089. (9) The annual number of schooldays dedicated to staff development for the most recent three-year period. (10) Suspension and expulsion rates for the most recent three-year period. (11) For secondary schools, the percentage of graduates who have passed course requirements for entrance to the University of California and the California State University, including the course requirements for high school graduation pursuant to Section 51225.3, and the percentage of pupils enrolled in those courses, as reported by the California Basic Educational Data System or any successor data system. (12) The number of advanced placement courses offered, by subject. (13) The Academic Performance Index, including the disaggregation of subgroups as set forth in Section 52052 and the decile rankings and a comparison of schools. (14) Contact information pertaining to organized opportunities for parental involvement. (15) Career technical education data measures, including all of the following: (A) A list of programs offered by the school district in which pupils at the school may participate and that are aligned to the model curriculum standards adopted pursuant to Section 51226, and program sequences offered by the school district. The list should identify courses conducted by a regional occupational center or program, and those conducted directly by the school district. (B) A listing of the primary representative of the career technical advisory committee of the school district and the industries represented. (C) The number of pupils participating in career technical education. (D) The percentage of pupils that complete a career technical education program and earn a high school diploma. (E) The percentage of career technical education courses that are sequenced or articulated between a school and institutions of postsecondary education. (c) If the Commission on State Mandates finds a school district is eligible for a reimbursement of costs incurred complying with this section, the school district shall be reimbursed only if the information provided in the school accountability report card is accurate, as determined by the annual audit performed pursuant to Section 41020. If the information is determined to be inaccurate, the school district remains eligible for reimbursement if the information is corrected by May 15. (d) It is the intent of the Legislature that schools make a concerted effort to notify parents of the purpose of the school accountability report cards, as described in this section, and ensure that all parents receive a copy of the report card; to ensure that the report cards are easy to read and understandable by parents; to ensure that local educational agencies with access to the Internet make available current copies of the report cards through the Internet; and to ensure that administrators and teachers are available to answer any questions regarding the report cards. (Amended by Stats. 2018, Ch. 865, Sec. 4. (AB 2319) Effective January 1, 2019. Note: This section was added on Nov. 8, 1988, by initiative Prop. 98.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33126.1. Source version: id_b4403e96-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) The department shall develop and recommend for adoption by the state board a standardized template intended to simplify the process for completing the school accountability report card and make the school accountability report card more meaningful to the public. (b) The standardized template shall include all of the following: (1) Fields for the insertion of data and information by the department and by local educational agencies. (2) A field to report the determination of the sufficiency of textbooks and instructional materials, pursuant to Section 60119. (3) A summary statement of the condition of school facilities, as required by Section 17014, Section 17032.5, subdivision (a) of Section 17070.75, and subdivision (b) of Section 17089. The department shall provide examples of summary statements of the condition of school facilities that are acceptable and those that are unacceptable. (4) A description of data available on the DataQuest Internet Web site of the department, including the Uniform Resource Locator for that Internet Web site. (5) A description of admission requirements for California’s public universities, including the Uniform Resource Locator for the University of California Internet Web site providing information about the courses offered by each school that are approved as meeting those requirements. (6) A statement concerning the availability of Internet access at public libraries and other locations that are publicly accessible. (c) When the template for a school is completed, it should enable parents and guardians to compare the manner in which local schools compare to other schools within that district as well as other schools in the state. (d) In conjunction with the development of the standardized template, the department shall furnish standard definitions for school conditions included in the school accountability report card. The standard definitions shall comply with the following: (1) Definitions shall be consistent with the definitions already in place or under the development at the state level pursuant to existing law. (2) Definitions shall enable schools to furnish contextual or comparative information to assist the public in understanding the information in relation to the performance of other schools. (3) Definitions shall specify the data for which the department will be responsible for providing and the data and information for which the local educational agencies will be responsible. (e) By February 1, 2008, the department shall report to the Legislature and the Governor on remaining data elements in the school accountability report card and the feasibility of combining elements, linking to other reporting of data elements, and other possible alternatives for improving the usability and readability of the school accountability report card. The report shall include a survey of the conditions for which the department has valid and reliable data at the state, district, or school level. The report shall provide a timetable for the inclusion of conditions for which standard definitions or valid and reliable data do not yet exist through the department. (f) The Superintendent shall recommend and the state board shall appoint 13 members to serve on a broad-based advisory committee of local administrators, educators, parents, and other knowledgeable parties to develop definitions for the school conditions for which standard definitions do not yet exist. The state board may designate outside experts in performance measurements in support of activities of the advisory board. (g) The state board shall approve available definitions for inclusion in the template as well as a timetable for the further development of definitions and data collection procedures. Each year the state board shall adopt the template for the current year’s school accountability report card. Definitions for all school conditions shall be included in the template. (h) The department annually shall post the completed and viewable template on the Internet. The template shall be designed to allow schools or districts to download the template from the Internet. The template shall further be designed to allow local educational agencies, including individual schools, to enter data into the school accountability report card electronically, individualize the report card, and further describe the data elements. The department shall establish model guidelines and safeguards that may be used by school districts with secured access only for those school officials authorized to make modifications. (i) The department shall maintain current Internet links with the Internet Web sites of local educational agencies to provide parents and the public with easy access to the school accountability report cards maintained on the Internet. In order to ensure the currency of these Internet links, local educational agencies that provide access to school accountability report cards through the Internet shall furnish current Uniform Resource Locators (URLs) for their Internet Web sites to the department. (j) A school or school district that chooses not to utilize the standardized template adopted pursuant to this section shall report the data for its school accountability report card in a manner that is consistent with the definitions adopted pursuant to subdivision (c). (k) The department shall provide recommendations for changes to the California Basic Educational Data System, or a successor data system, and other data collection mechanisms to ensure that the information will be preserved and available in the future. (l) The department shall monitor the compliance of local educational agencies with the requirements to prepare and to distribute school accountability report cards, including, but not limited to, the requirements contained in this section, subdivision (c) of Section 35256, and Section 35258. (Amended by Stats. 2007, Ch. 530, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33126.15. Source version: id_1bc26b6d-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) By July 1, 2006, the department shall develop, and shall recommend for adoption by the State Board of Education, a revision to the standardized template required pursuant to Section 33126.1. (b) The revision to the standardized template recommended by the department shall include a comparison of the actual unrestricted funding per pupil allocated for the specific benefit of the school or for the benefit of all schools in the district equally, compared to the districtwide average and to the state average of the same computation. The comparison shall include the percentage by which the school is above or below the districtwide average and the state average. (c) The revision to the standardized template recommended by the department shall include a field for reporting the actual restricted funding, per pupil, allocated for the specific benefit of the school or for the benefit of all schools in the district equally. (d) The revision to the standardized template recommended by the department shall include a comparison of the average of actual salaries paid to certificated instructional personnel, compared to the districtwide average and to the state average of the same computation. This comparison shall include the percentage by which the school is above or below the districtwide average and the state average. (Added by Stats. 2005, Ch. 358, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33126.2. Source version: id_7fb5c7f7-3180-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) The Superintendent may recommend additional data elements for inclusion in the Academic Performance Index. Data elements may be incorporated in the Academic Performance Index only after those elements have been determined by the state board to be valid and reliable for the purpose of measuring school performance, and only if their inclusion would not be likely to result in a valid claim against the state for reimbursement pursuant to Section 6 of Article XIII B of the California Constitution. (b) The Superintendent shall additionally review, and the state board shall consider, any empirical research data that becomes available concerning barriers to equal opportunities to succeed educationally for all California pupils, regardless of socioeconomic background. Upon obtaining this information, the state board shall evaluate whether there is any need to revise the school accountability report card. (Amended by Stats. 2011, Ch. 347, Sec. 15. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33126.5. Source version: id_d290735a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The State Allocation Board, in cooperation with the Superintendent of Public Instruction, shall develop and maintain an automated school facilities inventory that is capable of indicating the statewide percentage of facility utilization and projecting school facility needs five years in advance, in order to permit the board to study alternative proposals for the allocation of funds for new construction, maintenance, and rehabilitation. (Added by renumbering Section 33126 (as added by Stats. 1984, Ch. 1680) by Stats. 1990, Ch. 216, Sec. 14.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33127. Source version: id_338f0cb1-0c93-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) The Superintendent, the Controller, and the Director of Finance shall develop, on or before March 1, 1989, standards and criteria to be reviewed and adopted by the state board, and to be used by local educational agencies in the development of annual budgets and the management of subsequent expenditures from that budget. During the development of the standards and criteria, the Superintendent shall convene a committee composed of representatives from school districts, county offices of education, state agencies, the Legislature, and appropriate labor and professional organizations. The committee may review and comment on the proposal standards and criteria before their adoption. In addition, the standards and criteria shall be used to monitor the fiscal stability of local educational agencies as provided for in Sections 1240.1, 1240.2, 1621, 1623, 33131, 42127, and 42127.1. (b) The Superintendent, the Controller, and the Director of Finance shall update the standards and criteria developed pursuant to subdivision (a) on or before September 1, 2005. The updated standards and criteria shall be reviewed and adopted pursuant to the procedure established by subdivision (a) and are applicable to local educational agency budgets commencing with the 2006–07 fiscal year and each fiscal year thereafter. (c) The Superintendent, the Controller, and the Director of Finance shall update the standards and criteria developed pursuant to subdivision (a) on or before January 1, 2014, to address the requirements of Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28. The updated standards and criteria shall be reviewed and adopted pursuant to the procedure established by subdivision (a) and are applicable to local educational agency budgets commencing with the 2014–15 fiscal year and each fiscal year thereafter. (d) After January 1, 2014, to the extent necessary, any revisions or updates to the standards and criteria shall be developed by the Superintendent, the Controller, and the Director of Finance pursuant to the procedure established by subdivision (a). The revisions or updates shall specify the fiscal year in which the revisions or updates are applicable. (Amended by Stats. 2019, Ch. 497, Sec. 44. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33128. Source version: id_f6ee3e07-2960-11dc-91e0-fd6b79f038cc Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) The standards and criteria to be adopted by the State Board of Education pursuant to Section 33127 shall include, but not be limited to, comparisons and reviews, including appropriate methods of projection, of all of the following: (1) Average daily attendance. (2) Revenues and expenditures. (3) Reserves and fund balance. (4) Multiyear commitments, including cost-of-living adjustments. (b) In addition to the requirements of subdivision (a), the standards and criteria to be adopted by the State Board of Education pursuant to Section 33127 shall include, but not be limited to, all of the following: (1) Clear definitions and guidelines for positive, qualified, and negative interim financial certifications pursuant to Sections 42130 and 42131. (2) District financial health indicators to provide a comprehensive review and assessment of the financial condition of districts and to help identify districts that are developing financial problems before the problems become severe. The indicators shall take into account issues including, but not limited to, all of the following: (A) Increasing or decreasing balances available for general purposes and general purpose reserve size relative to the standard for the district. (B) Long-term commitments for rates of increase in significant cost centers that are more or less than current revenue growth rate projections, including the projected cost change of the workforce taking into account the progression of newer hires and existing staff through the salary schedule and likely turnover, and all compensation for the superintendent of the school district and executive positions reporting directly to the superintendent of the school district. (C) Use of one-time revenues for ongoing costs. (D) Use of ongoing revenues for one-time costs. (E) Appropriate recognition and amortization of future commitments including any district-created benefit program. (F) Facilities maintenance funding adequate to preserve functionality of facilities for their normal life. (Amended (as amended by Stats. 2002, Ch. 1168, Sec. 6.7) by Stats. 2004, Ch. 52, Sec. 2. Effective June 21, 2004. This section (as derived from Stats. 1998, Ch. 784, Sec. 2) became operative on June 21, 2004, when its delayed operative date was deleted.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33128.1. Source version: id_d291fa02-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. Notwithstanding any other law, a local educational agency may recognize for budgetary and financial reporting purposes any amount of state appropriations deferred from the current fiscal year and appropriated from the subsequent fiscal year for payment of current year costs as a receivable in the current year. (Added by Stats. 2003, 1st Ex. Sess., Ch. 4, Sec. 2. Effective March 18, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33128.2. Source version: id_32465801-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. Notwithstanding any other law, a local educational agency may recognize for budgetary and financial reporting purposes any amount of state allocations described in paragraph (1) of subdivision (b) of, or subparagraph (A) of paragraph (4) of subdivision (d) of, Section 41206.04 in the fiscal year in which it was received. (Added by Stats. 2024, Ch. 38, Sec. 12. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33128.5. Source version: id_d291fa08-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. Notwithstanding any other provision of law, a county unified school district with fewer than 3,000 units of average daily attendance may use up to 30 percent of its budget reserve to pay for utility costs, including propane, fuel, and electricity costs, in each of the 2000–01 and 2001–02 fiscal years, and shall not for that reason receive a “qualified” or “negative” financial certification by the State Department of Education for three fiscal years after using that amount of its budget reserve to pay for utility costs if the use of that amount results in available reserves falling below 3 percent of its budget reserve. (Added by Stats. 2001, Ch. 872, Sec. 1. Effective October 14, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33129. Source version: id_d29380aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. Notwithstanding any provision of law to the contrary, beginning with the first fiscal year following the adoption by the State Board of Education of standards and criteria developed pursuant to Section 33127, local educational agencies shall use the standards and criteria in developing their budgets and managing their expenditures. (Added by Stats. 1988, Ch. 1462, Sec. 1.10.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33131. Source version: id_d29380ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. The standards and criteria for fiscal accountability referred to in Section 33127 shall not be subject to Sections 11340 to 11356, inclusive, of the Government Code. However, any standards and criteria adopted by the State Board of Education pursuant to Section 33127 shall be codified and published in Title 5 of the California Code of Regulations. (Added by Stats. 1988, Ch. 1462, Sec. 1.11.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33132. Source version: id_d29380ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) Notwithstanding Section 51877, the Superintendent of Public Instruction shall award educational technology competitive grants under this code with respect to each of the following categories based on a school district’s regular average daily attendance: (1) 1,000 and below. (2) 1,001 to 2,500. (3) 2,501 to 5,000. (4) 5,001 to 15,000. (5) 15,001 to 60,000. (6) 60,001 and above. (b) Notwithstanding Section 51877, the Superintendent of Public Instruction shall award educational technology competitive grants under this code with respect to each of the following two categories based on a county office of education’s regular average daily attendance: (1) 1,000 and below. (2) 1,001 and above. (c) The Superintendent shall use the prior year’s second principal regular average daily attendance to determine the category in which a school district or county office of education shall be placed. (d) Program grant funds shall be allocated for each category in subdivisions (a) and (b) in the following proportion: (1) Compute the average daily attendance determined pursuant to subdivision (c) for the school districts or county offices of education in the category. (2) Divide the aggregate sum determined pursuant to paragraph (1) by the total statewide regular average daily attendance reported for the second principal apportionment for the prior fiscal year. (e) The applicants within each category shall be evaluated and scored as otherwise required by the grant program. (f) This section is applicable only to educational technology grants awarded on or after January 1, 1997. (Added by Stats. 1996, Ch. 516, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33133. Source version: id_cdd5d61b-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) The Superintendent of Public Instruction shall develop information, and submit this information to the State Board of Education for its approval. This information shall be for distribution to school districts and, to the extent feasible, for posting on the State Department of Education internet website, to strengthen and promote the opportunity for quality involvement by parents and guardians in schoolsite councils whose composition meets the requirements of Section 52012. In developing the information, the Superintendent of Public Instruction may use documents currently available from nonprofit organizations, such as EdSource and the California Parent Teacher Association, or state and local government agencies. (b) The information shall be provided to each school district and county office of education and may be made available for parents and guardians who are members of schoolsite councils whose composition meets the requirements of Section 52012 and shall cover at least the following topics: (1) Operation of schoolsite advisory bodies, including bylaws, group responsibilities, and roles. (2) Public meeting notice requirements. (3) Information about the total budget of a school district and how funds are distributed to schoolsite advisory bodies, including, but not limited to, the amount of funds distributed to schoolsites. (4) Information about the school district and state standards of expected pupil achievement in core academic subjects for each grade level. (5) Instruction on how to interpret data from the pupil performance measures selected by the school district. (6) A definition of “significant gains made by pupils” toward meeting the standards of expected pupil achievement. (7) Research-based information about curriculum and teaching strategies that will improve pupil performance. (8) The right to information under the California Public Records Act set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (9) Information regarding the educational and training needs for pupils, as identified and expressed by local employers, former pupils of the school district, and postsecondary education institutions. (c) In addition to the composition set forth in Section 52012, a schoolsite council at the middle school level may, but is not required to, include pupil representation. (Amended by Stats. 2021, Ch. 615, Sec. 65. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 2. Powers and Duties [33110 - 33133.5] SECTION 33133.5. Source version: id_db78f429-6a4a-11e6-b4a3-9d668e4273a7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=2. (a) The Superintendent shall create a poster that notifies children of the appropriate telephone number to call to report child abuse or neglect. (b) The Superintendent may partner with other local, state, and federal agencies as well as nonprofit entities for purposes of the design and content of the poster. (c) The poster shall incorporate the additional following elements: (1) It shall include a note that directs a child to dial “911” in case of emergency. (2) It shall be no smaller than 8.5 inches by 11 inches. (3) It shall be produced in five languages, which shall be English, Spanish, and the top three languages other than English and Spanish that are spoken in the state as determined by the Superintendent. (d) On or before July 1, 2017, the Superintendent shall post on the department’s Internet Web site all five versions of the poster for public download. (e) The Legislature encourages school districts, charter schools, and private schools to post the appropriate version or versions of the poster in an area of the school where pupils frequently congregate. (Added by Stats. 2016, Ch. 171, Sec. 1. (SB 1178) Effective August 22, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 3. Deputies and Associate Superintendents [33140 - 33143] SECTION 33140. Source version: id_d2950754-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=3. The duties of the Deputy Superintendent of Public Instruction and of the associate superintendents of public instruction appointed by the State Board of Education under Section 2.1 of Article IX of the Constitution of this state shall be such as are assigned to them by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 3. Deputies and Associate Superintendents [33140 - 33143] SECTION 33141. Source version: id_d2950756-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=3. The annual salaries of the Deputy Superintendent of Public Instruction and of the associate superintendents of public instruction appointed by the State Board of Education under Section 2.1 of Article IX of the Constitution of this state shall be fixed by the Superintendent of Public Instruction with the approval of the Director of Finance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 3. Deputies and Associate Superintendents [33140 - 33143] SECTION 33143. Source version: id_d2950758-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=3. (a) In addition to the positions authorized by Section 2.1 of Article IX of the California Constitution, the Governor, with the recommendation of the Superintendent of Public Instruction, shall appoint five deputy superintendents of public instruction and five associate superintendents of public instruction who shall be exempt from state civil service. (b) Appointments to these exempt positions shall not result in any net increase in the expenditures of the State Department of Education. (Amended by Stats. 2003, Ch. 755, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 5. Verification of Private School Instruction [33190 - 33193] SECTION 33190. Source version: id_d2968dfc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=5. Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall between the first and 15th day of October of each year, commencing on October 1, 1967, file with the Superintendent of Public Instruction an affidavit or statement, under penalty of perjury, by the owner or other head setting forth the following information for the current year: (a) All names, whether real or fictitious, of the person, firm, association, partnership, or corporation under which it has done and is doing business. (b) The address, including city and street, of every place of doing business of the person, firm, association, partnership, or corporation within the State of California. (c) The address, including city and street, of the location of the records of the person, firm, association, partnership, or corporation, and the name and address, including city and street, of the custodian of such records. (d) The names and addresses, including city and street, of the directors, if any, and principal officers of the person, firm, association, partnership, or corporation. (e) The school enrollment, by grades, number of teachers, coeducational or enrollment limited to boys or girls and boarding facilities. (f) That the following records are maintained at the address stated, and are true and accurate: (1) The records required to be kept by Section 48222. (2) The courses of study offered by the institution. (3) The names and addresses, including city and street, of its faculty, together with a record of the educational qualifications of each. (g) Criminal record summary information has been obtained pursuant to Section 44237. Whenever two or more private schools are under the effective control or supervision of a single administrative unit, such administrative unit may comply with the provisions of this section on behalf of each of the schools under its control or supervision by submitting one report. Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for any school to expressly or impliedly represent by any means whatsoever, that the State of California, the Superintendent of Public Instruction, the State Board of Education, the State Department of Education, or any division or bureau of the department, or any accrediting agency has made any evaluation, recognition, approval, or endorsement of the school or course unless this is an actual fact. The Superintendent of Public Instruction shall prepare and publish a list of private elementary and high schools to include the name and address of the school and the name of the school owner or administrator. (Amended by Stats. 1986, Ch. 72, Sec. 1. Effective April 25, 1986.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 5. Verification of Private School Instruction [33190 - 33193] SECTION 33191. Source version: id_d2968dfe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=5. (a) Commencing October 1, 1985, the affidavit or statement filed with the Superintendent of Public Instruction pursuant to Section 33190 shall, under penalty of perjury, include a statement manifesting compliance with the provisions of Section 44237. (b) In the case of any private school where the instructor also serves as the administrator of the school, the affidavit or statement shall be made available upon request to the parents or guardians of all pupils currently enrolled in the school and to any parent or guardian considering whether to enroll his or her child in the school. (Amended by Stats. 1986, Ch. 72, Sec. 2. Effective April 25, 1986.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 5. Verification of Private School Instruction [33190 - 33193] SECTION 33192. Source version: id_d2968e00-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=5. (a) Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a private school to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application: (1) School and classroom janitorial. (2) Schoolsite administrative. (3) Schoolsite grounds and landscape maintenance. (4) Pupil transportation. (5) Schoolsite food-related. (b) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a private school in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (c) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a private school when the private school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the private school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a private school has made this determination, the private school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. (d) A private school may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 33193 and the entity’s employees to comply with the requirements of this section, unless the private school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the private school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a private school makes this determination, the private school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a private school requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision (e). (e) (1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the department shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the department shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or electronic mail to the employer. (2) The Department of Justice, at its discretion, may notify the private school in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1. (3) The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication. (f) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1. (1) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (2) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court having jurisdiction where he or she is resident. (g) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the private school that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Section 45122.1. (h) An entity having a contract as specified in subdivision (a) on the effective date of the act adding this section and an entity required to comply with this section pursuant to subdivision (d) by a private school with which it has a contract on the effective date of the act adding this section shall complete the requirements of this section within 90 days of that date. (i) For purposes of this section, “private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level. (j) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may request electronic submission of the fingerprint cards and other information required by this section. (Added by Stats. 1998, Ch. 840, Sec. 1. Effective September 25, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 5. Verification of Private School Instruction [33190 - 33193] SECTION 33193. Source version: id_d29814a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=5. (a) A private school contracting with an entity for the construction, reconstruction, rehabilitation, or repair of a school facility where the employees of the entity will have contact, other than limited contact, with pupils shall ensure the safety of the pupils by one or more of the following methods: (1) The installation of a physical barrier at the worksite to limit contact with pupils. (2) Continual supervision and monitoring of all employees of the entity by an employee of the entity whom the Department of Justice has ascertained has not been convicted of a violent or serious felony. For purposes of this paragraph, an employee of the entity may submit his or her fingerprints to the Department of Justice pursuant to subdivision (a) of Section 33192 and the department shall comply with subdivision (d) of Section 33192. (3) Surveillance of employees of the entity by school personnel. (b) An entity that contracts with a private school for the construction, reconstruction, rehabilitation, or repair of a school facility is not required to comply with the requirements of Section 33192 if one or more of the methods described in subdivision (a) is utilized. (c) This section shall not apply to an entity providing construction, reconstruction, rehabilitation, or repair services to a school district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (d) (1) For purposes of this section, “private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level. (2) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (Added by Stats. 1998, Ch. 840, Sec. 2. Effective September 25, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 6. Verification of Heritage School Operation [33195 - 33195.6] SECTION 33195. Source version: id_cfe35b20-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=6. (a) Every person, firm, association, partnership, or corporation operating a heritage school as defined in Section 33195.4 shall, between the 1st and 31st day of January of each year, commencing on January 1, 2011, file with the Superintendent an electronic registration form, under penalty of perjury, by the owner or other head setting forth the following information for the current year: (1) All names, whether real or fictitious, of the person, firm, association, partnership, or corporation under which it has done and is doing business. (2) The address, including city and street, of the location at which the heritage school delivers services to pupils. (3) The names and addresses, including city and street, of the directors, if any, and principal officers of the person, firm, association, partnership, or corporation. (4) The school enrollment, by grade span, number of teachers, and coeducational or enrollment limited to boys or girls. (5) That the following records are maintained at the address stated, and are true and accurate: (A) The courses of study offered by the institution. (B) The names and addresses, including city and street, of its faculty, together with a record of the educational qualifications of each faculty member. (6) Criminal record summary information that has been obtained pursuant to Section 44237. (7) The heritage school telephone number. (8) Acknowledgment that the director of the heritage school and all employees are mandated reporters and subject to the requirements established by the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code) and, consistent with that act, certification that: (A) The employer is aware that it is encouraged to provide its employees with training in the duties imposed by the act. (B) Employees have signed a statement provided by the employer that the employees have knowledge of the act and will comply with its provisions. (C) Employees have been notified by the employer of their reporting obligations and confidentiality rights, pursuant to Section 11165.9 of the Penal Code. (b) If two or more heritage schools are under the effective control or supervision of a single administrative unit, the administrative unit shall comply with the provisions of this section by submitting an electronic registration form on behalf of every heritage school under its effective control or supervision. (c) Filing pursuant to this section shall not be interpreted to mean, and it shall be unlawful for a school to expressly or impliedly represent, that the State of California, the Superintendent, the state board, the department or a division or bureau of the department, or an accrediting agency has made an evaluation, recognition, approval, or endorsement of the school or course, unless this is an actual fact. (d) Filing pursuant to this section does not grant a heritage school a right to receive state funding. (Amended by Stats. 2013, Ch. 76, Sec. 32. (AB 383) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 6. Verification of Heritage School Operation [33195 - 33195.6] SECTION 33195.1. Source version: id_6401b3e4-c87b-11df-95d1-aacc869f36fb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=6. (a) Commencing January 1, 2011, the electronic registration form filed with the Superintendent pursuant to Section 33195 shall, under penalty of perjury, include a statement manifesting compliance with the following paragraph: (1) A person, firm, association, partnership, or corporation offering or conducting heritage school instruction shall not employ a person who would be prohibited from employment by a public school district pursuant to any provision of this code because of his or her conviction for any crime. (b) In the case of any heritage school where an instructor also serves as the administrator of the school, the electronic registration form shall be made available upon request to the parents or guardians of all pupils currently enrolled in the school and to any parent or guardian considering whether to enroll his or her child in the school. (Added by Stats. 2010, Ch. 286, Sec. 1. (SB 1116) Effective September 24, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 6. Verification of Heritage School Operation [33195 - 33195.6] SECTION 33195.2. Source version: id_6401daf6-c87b-11df-95d1-aacc869f36fb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=6. (a) Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a heritage school to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application: (1) School and classroom janitorial. (2) Schoolsite administrative. (3) Schoolsite grounds and landscape maintenance. (4) Pupil transportation. (5) Schoolsite food-related services. (b) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a heritage school in an emergency or exceptional situation, such as when a pupil’s health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (c) This section shall not apply to an entity providing any of the services listed in subdivision (a) to a heritage school when the heritage school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the heritage school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a heritage school has made this determination, the heritage school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. (d) A heritage school may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 33195.3 and the entity’s employees to comply with the requirements of this section, unless the heritage school determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the heritage school shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a heritage school makes this determination, the heritage school shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a heritage school requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision (e). (e) (1) The heritage school contractor shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees of entities, as identified in subdivisions (a) and (d), that contract with a heritage school, as defined in Section 33195.4, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state and federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trail or appeal. (2) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this subdivision. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a fitness determination to the heritage school contractor. (3) The Department of Justice shall provide a state response to the heritage school contractor pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (4) The heritage school contractor shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for employees described in paragraph (1). (5) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in the subdivision. (f) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1. (1) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (2) This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court having jurisdiction where he or she is resident. (g) An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the heritage school that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Section 45122.1. (h) An entity having a contract as specified in subdivision (a) on the effective date of the act adding this section and an entity required to comply with this section pursuant to subdivision (d) by a heritage school with which it has a contract on the effective date of the act adding this section shall complete the requirements of this section within 90 days of that date. (i) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may request electronic submission of the fingerprint cards and other information required by this section. (Added by Stats. 2010, Ch. 286, Sec. 1. (SB 1116) Effective September 24, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 6. Verification of Heritage School Operation [33195 - 33195.6] SECTION 33195.3. Source version: id_64027738-c87b-11df-95d1-aacc869f36fb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=6. (a) A heritage school contracting with an entity for the construction, reconstruction, rehabilitation, or repair of a school facility where the employees of the entity will have contact, other than limited contact, with pupils shall ensure the safety of the pupils by one or more of the following methods: (1) The installation of a physical barrier at the worksite to limit contact with pupils. (2) Continual supervision and monitoring of all employees of the entity by an employee of the entity whom the Department of Justice has ascertained has not been convicted of a violent or serious felony. For purposes of this paragraph, an employee of the entity may submit his or her fingerprints to the Department of Justice pursuant to subdivision (a) of Section 33195.2 and the Department of Justice shall comply with subdivision (d) of Section 33195.2. (3) Surveillance of employees of the entity by school personnel. (b) An entity that contracts with a heritage school for the construction, reconstruction, rehabilitation, or repair of a school facility is not required to comply with the requirements of Section 33195.2 if one or more of the methods described in subdivision (a) is utilized. (c) (1) This section shall not apply to an entity providing construction, reconstruction, rehabilitation, or repair services to a school facility in an emergency or exceptional situation, such as when a pupil’s health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (2) For purposes of this section, a violent felony means any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony means any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (Added by Stats. 2010, Ch. 286, Sec. 1. (SB 1116) Effective September 24, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 6. Verification of Heritage School Operation [33195 - 33195.6] SECTION 33195.4. Source version: id_4044df67-fcd1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=6. For purposes of this article, “heritage school” means a school that serves children who are at least 4 years and 9 months of age and no older than 18 years of age, who attend a public or private full-time day school, that does all of the following: (a) Specifies regular hours of operation. (b) Offers education or academic tutoring, or both, in a world language. (c) Offers education on the culture, traditions, or history of a country other than the United States. (d) Offers culturally enriching activities, including, but not limited to, art, dancing, games, or singing, based on the culture or customs of a country other than the United States. (e) Maintains membership in a state or national cultural or language association. (f) Complies with relevant local government regulations, where applicable. (g) Does not operate out of a residential home. (h) Complies with the requirements of Section 33195 and maintains in its possession a copy of the registration form electronically filed with the Superintendent. The heritage school shall make this form available upon request, including to the State Department of Social Services, to verify exemption from child care licensure. (Amended by Stats. 2018, Ch. 865, Sec. 5. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 6. Verification of Heritage School Operation [33195 - 33195.6] SECTION 33195.5. Source version: id_64033a8c-c87b-11df-95d1-aacc869f36fb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=6. (a) The Heritage Enrichment Resource Fund is hereby established in the State Treasury. Moneys deposited in the fund may be expended by the Superintendent upon appropriation by statute, for the purposes of this article. (b) The electronic registration form to be filed pursuant to this article shall be filed together with a fee determined by the Superintendent to be sufficient to cover, but not exceed, the costs of the department in implementing this article. The fees shall be deposited into the Heritage Enrichment Resource Fund. The fee shall be received by the Superintendent no later than January 31 of each year in which the registration form is filed. (Added by Stats. 2010, Ch. 286, Sec. 1. (SB 1116) Effective September 24, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 2. Superintendent of Public Instruction [33100 - 33195.6] ARTICLE 6. Verification of Heritage School Operation [33195 - 33195.6] SECTION 33195.6. Source version: id_64033a8e-c87b-11df-95d1-aacc869f36fb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=2.&article=6. (a) A director of a heritage school shall undergo at least 15 hours of health and safety training. The training shall include all of the following components: (1) Pediatric first aid. (2) Pediatric cardiopulmonary resuscitation (CPR). (3) A preventive health practices course or courses that include instruction in the recognition, management, and prevention of infectious diseases, including immunizations, and prevention of childhood injuries. (4) Training in pediatric first aid and CPR pursuant to paragraphs (1) and (2) shall be provided by a program approved by the American Red Cross, the American Heart Association, or the Emergency Medical Services Authority pursuant to Section 1797.191 of the Health and Safety Code. (5) Training in preventive health practices pursuant to paragraph (3) shall be provided by a training program approved by the Emergency Medical Services Authority. (6) In addition to the training programs specified in paragraphs (4) and (5), training programs or courses in pediatric first aid, pediatric CPR, and preventive health practices offered or approved by an accredited postsecondary educational institution are considered to be approved sources of training that may be used to satisfy the training requirements of paragraphs (1) to (3), inclusive. (7) Persons who, prior to the effective date of this section, have completed a course or courses in preventive health practices as described in paragraph (3), and have a certificate of completion of a course or courses in preventive health practices, or certified copies of transcripts that identify the number of hours and the specific course or courses taken for training in preventive health practices, shall be deemed to have met the training requirement for preventive health practices pursuant to paragraph (3). (b) All employees and volunteers of a heritage school shall be in good health, as verified by a health screening, including a test for tuberculosis, performed by, or under the supervision of, a licensed physician and surgeon. (c) Pupils attending heritage schools shall have access to working sinks, toilets, and drinking water. (d) No pupil attending a heritage school shall have access to medication or cleaning supplies, except as otherwise provided by law. (e) A heritage school, as defined in Section 33195.4, shall not be subject to licensure by the State Department of Social Services as a child day care center pursuant to Chapter 3.4 (commencing with Section 1596.70) or Chapter 3.5 (commencing with Section 1596.90) of Division 2 of the Health and Safety Code. (f) Upon a pupil’s enrollment in a heritage school, the heritage school shall provide a notice to the pupil’s parent or guardian stating that the heritage school is exempt from child care licensure, and that attendance at a heritage school does not satisfy California’s compulsory education requirements pursuant to Section 48200. (Added by Stats. 2010, Ch. 286, Sec. 1. (SB 1116) Effective September 24, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33300. Source version: id_d2999b48-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. There is in the state government a State Department of Education. Any reference to the Department of Education shall be deemed to be a reference to the State Department of Education, unless the context otherwise requires. (Amended by Stats. 1980, Ch. 1059, Sec. 3. Effective September 26, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33301. Source version: id_d2999b4a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The Department of Education shall be administered through: (a) The State Board of Education which shall be the governing and policy determining body of the department. (b) The Director of Education in whom all executive and administrative functions of the department are vested and who is the executive officer of the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33302. Source version: id_d2999b4c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The Department of Education shall be conducted under the control of an executive officer known as the Director of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33303. Source version: id_d2999b4e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The Superintendent of Public Instruction is ex officio Director of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33304. Source version: id_d29b21f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The provisions of Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, shall govern and apply to the conduct of the Department of Education in every respect as if such provisions were herein set forth at length. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33305. Source version: id_d29b21f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. Wherever in Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3 of Title 2 of the Government Code, the term “head of the department,” or similar designation occurs, it shall, for the purposes of Section 33304, of this code mean the Director of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33306. Source version: id_d29b21f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The Department of Education is the successor to, and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Board of Education as they existed on July 30, 1921, of the board of directors of the California School for the Deaf and the Blind, and of the several officers, deputies, and employees of such bodies and offices. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33307. Source version: id_d29b21f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The Department of Education shall be in possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property, real or personal, now or hereafter held for the benefit of the bodies, offices, and officers whose duties, powers, purposes, responsibilities, and jurisdiction are transferred to and vested in the Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33308. Source version: id_d29b21f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The Department of Education shall administer and enforce all laws now or hereafter imposing any duty, power, or function upon any of the bodies, offices, officers, deputies, or employees transferred to the Department of Education under the provisions of Section 33306. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33308.1. Source version: id_d29ca89a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The State Department of Education shall adopt guidelines to be disseminated to parents or guardians of pupils that describe the procedures that a parent or guardian can follow in filing a complaint of child abuse, as defined in Section 11165.6 of the Penal Code, with the school or a child protective services agency against a school employee or other person that commits an act of child abuse, as defined in Section 11165.6 of the Penal Code, against a pupil at a schoolsite. (Added by Stats. 1991, Ch. 1102, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33308.5. Source version: id_d29ca89c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) Program guidelines issued by the State Department of Education shall be designed to serve as a model or example, and shall not be prescriptive. Program guidelines issued by the department shall include written notification that the guidelines are merely exemplary, and that compliance with the guidelines is not mandatory. (b) The Superintendent of Public Instruction shall review all program guidelines prepared by the State Department of Education prior to issuance to local education agencies. The superintendent shall approve the proposed guidelines only if he or she determines that all of the following conditions are met: (1) The guidelines are necessary. (2) The department has the authority to issue the guidelines. (3) The guidelines are clear and appropriately referenced to, and consistent with, existing statutes and regulations. (Added by Stats. 1983, Ch. 498, Sec. 16. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33309. Source version: id_d29ca89e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. In addition to the Division of Libraries of the Department of Education, established by law, the State Board of Education may, upon recommendation of the Director of Education, establish such divisions as in the judgment of the board are necessary for the proper transaction of the business of the department. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33310. Source version: id_d29ca8a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The State Department of Education may sell any educational materials and directories related to its scope and duties. (Amended by Stats. 1997, Ch. 825, Sec. 9. Effective October 9, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33311. Source version: id_d29ca8a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. When the Department of Education fixes the price of any publication, it shall specify the class of persons or institutions that may receive copies of the publication free of charge. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33312. Source version: id_d29ca8a4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. Any county, or any school district, in this state may purchase the publications described in Sections 33309 to 33313, inclusive, from the Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33313. Source version: id_d29ca8a6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. All moneys received from the sale of materials pursuant to Section 33310 of the Education Code shall be deposited in the State Treasury to the credit of the fund against which the cost of printing the publication was charged. (Amended by Stats. 1996, Ch. 1158, Sec. 3. Effective September 30, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33314. Source version: id_d29e2f48-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The State Board of Education may, upon recommendation of the Director of Education, establish in the Department of Education a school library consultant service to assist and advise local school districts in the establishment, development, and improvement of school libraries in the elementary and secondary schools of the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33315. Source version: id_5da553be-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) The Superintendent shall establish and implement a system of complaint processing, known as the Uniform Complaint Procedures, for educational programs specified in paragraph (1). The department shall review the regulations set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations pertaining to uniform complaint procedures and, on or before March 31, 2019, shall commence rulemaking proceedings to revise those regulations, as necessary, to conform to all of the following: (1) The Uniform Complaint Procedures shall apply to all of the following: (A) Adult education programs established pursuant to Sections 8500 to 8538, inclusive, and Sections 52500 to 52617, inclusive. (B) Consolidated categorical aid programs as listed in subdivision (a) of Section 64000. (C) Migrant child education established pursuant to Sections 54440 to 54445, inclusive. (D) Career technical and technical education and career technical and technical training programs established pursuant to Sections 52300 to 52462, inclusive. (E) Childcare and development programs established pursuant to Sections 8200 to 8498, inclusive. (F) The filing of complaints that allege unlawful discrimination, harassment, intimidation, or bullying against any protected group as identified under Sections 200 and 220 and Section 11135 of the Government Code, including any actual or perceived characteristic as set forth in Section 422.55 of the Penal Code, or on the basis of a person’s association with a person or group with one or more of these actual or perceived characteristics, in any program or activity conducted by an educational institution, as defined in Section 210.3, that is funded directly by, or that receives or benefits from, any state financial assistance. (G) Lactation accommodations pursuant to Section 222. (H) Educational rights of foster youth pursuant to Sections 48853, 48853.5, and 49069.5, and graduation requirements for foster youth, homeless youth, and other youth pursuant to Section 51225.1. (I) Pupil fees pursuant to Sections 49010 to 49013, inclusive. (J) Courses of study pursuant to Section 51228.3. (K) Instructional minutes for physical education pursuant to Section 51223. (L) Local control and accountability plans pursuant to Section 52075. (M) Juvenile court schools pursuant to Section 48645.7. (N) School safety plans pursuant to Section 32289. (O) Deficiencies related to preschool health and safety issues for a California state preschool program pursuant to Section 8235.5. (P) School or athletic team names, mascots, or nicknames pursuant to Section 221.3. (Q) Any other state or federal educational program the Superintendent deems appropriate. (2) As it pertains to child nutrition programs and established pursuant to Sections 49490 to 49570, inclusive, and special education programs established pursuant to Sections 56000 to 56865, inclusive, and Sections 59000 to 59300, inclusive, the Uniform Complaint Procedures shall expressly reference the federal provisions that govern complaints relative to these programs, as well as any additional applicable rules included within Title 5 of the California Code of Regulations. (3) The department shall develop a pamphlet for parents that will explain the Uniform Complaint Procedures in a user-friendly manner and post this pamphlet on the department’s internet website. (4) Except for cases of complaints related to paragraph (2), a complainant who appeals a decision of a local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations to the department shall receive a written appeal decision within 60 days of the department’s receipt of the appeal, unless extended by written agreement with the complainant or the department documents exceptional circumstances and informs the complainant. (5) Except for cases of complaints related to paragraph (2), for those complaints that are filed directly with the department under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and the department determines merit direct intervention, the department shall complete an investigation and provide a written decision to the complainant within 60 days of receipt of the complaint, unless the parties have agreed to extend the timeline or the department documents exceptional circumstances and informs the complainant. (6) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, filed under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, the local educational agency shall take corrective actions consistent with the requirements of existing law that will provide a remedy to the affected pupil, or, in the case of complaints related to subparagraphs (I), (J), (K), and (L) of paragraph (1), to all affected pupils, parents, and guardians. For corrective actions related to subparagraph (I), remedies shall, where applicable, include reasonable efforts by the public school to ensure full reimbursement. (7) Information regarding the requirements of this section shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (b) The department may adopt emergency regulations pursuant to Section 11346.1 of the Government Code to satisfy the requirements of this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (c) Nothing in this section or those regulations adopted pursuant to this section shall prevent a local educational agency from using its local uniform complaint procedure to address complaints not listed in this section or those regulations. (d) For purposes of this section, “local educational agency” has the same meaning as in Section 4600 of Title 5 of the California Code of Regulations. (Amended by Stats. 2024, Ch. 665, Sec. 2. (AB 3074) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33315.5. Source version: id_ea5cf5d6-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) (1) Beginning July 1, 2026, upon receipt of a complaint that alleges unlawful discrimination, harassment, intimidation, or bullying received by the department pursuant to subparagraph (F) of paragraph (1) of subdivision (a) of Section 33315, the Superintendent shall collect all of the following information: (A) The self-identified protected group of the complainant, if voluntarily provided. (B) A description of the complaint received. (C) Any action taken by the department in response to the complaint and the timeline for that action. (D) The disposition of the complaint. (2) The data collected pursuant to paragraph (1) shall be confidential and protected from public disclosure, including disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except that the information may be disclosable pursuant to that act to the same extent as the underlying complaint. (b) (1) Beginning July 1, 2027, and annually thereafter, the department shall create and post on the department’s internet website a summary report of the information collected pursuant to subdivision (a). (2) The summary report shall not contain any personally identifying information about any individual, and the information in the report shall be sufficiently deidentified to prevent the identification of the individuals involved in the complaint. (c) The collection, publication, and transmission of data required by this section shall comply with all applicable state and federal privacy laws. (Added by Stats. 2025, Ch. 717, Sec. 1. (AB 935) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33316. Source version: id_d29e2f4a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The State Department of Education shall do all of the following: (a) Revise and update budget manuals, forms and guidelines. (b) Cooperate with federal and state agencies in prescribing rules and regulations, and instructions required by those agencies. (c) Assess the needs and methods of collecting and disseminating financial information. (d) Conduct workshops and conferences for the purpose of training school district and county personnel. (e) Provide consultant services to colleges and universities on courses of instruction relative to school budgets and accounting practices. (f) For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of any certificated person who knowingly and willfully reports false fiscal expenditure data relative to the conduct of any educational program. This requirement applies only if, in the course of his or her normal duties, a representative of the State Department of Education discovers information that gives him or her reasonable cause to believe that false fiscal expenditure data relative to the conduct of any educational program has been reported. (Amended by Stats. 1988, Ch. 315, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33317. Source version: id_d29e2f4c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The Department of Education shall cooperate with the Educational Management and Evaluation Commission and shall as requested by the commission: (a) Prepare and compile agenda items and research materials for the commission. (b) Prepare and direct the execution of any provisions of agreements entered into by the commission for the formulation of a program budgeting and accounting system. (c) Organize pilot projects for testing any program budgeting and accounting system. (d) Recommend any change or revision of law necessary to effectuate any program budgeting and accounting system. (e) Promote any program of budgeting and accounting system through cooperative working arrangements with interested public and private agencies and associations. (f) Coordinate the budgeting and accounting activities of interested public and private agencies and associations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33317.3. Source version: id_96109036-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) Commencing with the 2026–27 school year, the department shall collect and publish on its internet website, and local educational agencies shall provide to the department, data on pupil transfers due to disciplinary reasons, including whether the pupil transferred to an alternative school based on a referral by the school. (b) The department, when providing guidance on its internet website about reducing disproportionate discipline of pupil subgroups in schools, shall advise local educational agencies against the use of transfers to avoid reporting suspensions and expulsions. (c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 368, Sec. 1. (AB 1984) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33317.5. Source version: id_c3688877-8890-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) Notwithstanding any other law, the department shall provide a report of public school pupil enrollment information, to be known as the “California raw class size data report,” in order for the public to easily determine all of the following data: (1) The average class size in each self-contained and departmentalized class for each schoolsite in every local educational agency from transitional kindergarten through all elementary school grades. (2) The average class size in each self-contained and departmentalized class for each schoolsite in every local educational agency for each middle school grade. (3) The average class size in each self-contained and departmentalized class for each schoolsite in every local educational agency for each high school grade. (b) The report described in subdivision (a) shall be published annually and publicly available on the department’s internet website. (c) For purposes of this section, the following definitions apply: (1) “Average class size” means the total course enrollment divided by the number of classes. (2) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2023, Ch. 614, Sec. 2. (SB 872) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33318. Source version: id_d29e2f4e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) The Department of Education shall report the test results of all state-mandated testing programs to the individual school districts by not later than September 15th following the testing. (b) The district superintendent may publicly report the results of a state-mandated testing program as they affect the district at the first regularly scheduled meeting of the governing board of the district after the statewide results have been presented to the State Board of Education. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33318.2. Source version: id_abb41716-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) The department shall, on or before March 1, 2025, and in compliance with Section 9795 of the Government Code, provide a report to the Superintendent, the Governor, and the Legislature on the number and types of reports that local educational agencies are required to annually submit. The report shall include all of the following: (1) Information on each type of report, including if the report is required by a particular program. (2) The purpose of each report. (3) Recommendations for both of the following: (A) Which reports can be consolidated or eliminated to reduce the total number of reports local educational agencies are required to annually complete. (B) Which reports can be truncated to shorten any reports local educational agencies are required to annually complete. (C) In determining recommendations pursuant to subparagraphs (A) and (B), the department shall seek voluntary input from a diverse array of local educational agencies that vary in size, type, geographic location, and pupil and staff demographics. (b) Within 30 days of receiving a report from the department pursuant to subdivision (a), the Assembly and Senate Education committees, the Assembly Committee on Budget, the Senate Committee on Budget and Fiscal Review, and any other relevant subcommittees are encouraged to hold a hearing to allow for the Superintendent to present the report. (c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (d) It is the intent of the Legislature that the information collected for reports pursuant to this section will help alleviate future burdens and costs on local educational agencies. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2025, Ch. 580, Sec. 1. (SB 374) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33318.5. Source version: id_6ec5c7a9-fcd1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) In addition to the dropout rate the department compiles pursuant to the federal Every Student Succeeds Act (Public Law 114–95), the department shall compile an attrition rate for high school pupils in the state pursuant to the formula specified in subdivision (b). (b) The attrition rate is the difference between the number of pupils who enrolled in grade 9 in a particular year and the number of pupils who, four years later, receive a diploma of graduation from high school, divided by the number of pupils who enrolled in grade 9 in the particular year. (Amended by Stats. 2018, Ch. 669, Sec. 7. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33319. Source version: id_d29e2f50-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The State Department of Education shall encourage and assist school districts to improve and monitor the health of their pupils. The department shall provide guidance and assist school districts to secure the voluntary assistance of local health professionals, schools of medicine, schools of public health, schools of nursing, voluntary health agencies, and other appropriate entities in order to provide pupil health screening and appropriate medical referrals as well as to provide valuable health information to pupils and their parents. The department shall encourage school districts to contact and cooperate with the State Maternal, Child, and Adolescent Health Board, with local maternal, child, and adolescent health boards, and child health and disability prevention programs established pursuant to Article 6 (commencing with Section 124025) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code. As part of this assistance, the State Department of Education shall provide information and guidance to schools that request the information and guidance, to establish “Health Days” in order to provide screenings for common health problems among pupils as well as to provide information to pupils and parents on prevention of illness, proper nutrition, and other aspects of good health. The Health Days should be organized and staffed by school nurses working in cooperation with volunteers from schools of medicine, schools of public health, schools of nursing, voluntary health agencies, health professionals, local maternal, child, and adolescent health boards, and other appropriate entities. All medical screenings and services conducted pursuant to this section shall be conducted in accordance with Chapter 9 (commencing with Section 49400) of Part 27. (Amended by Stats. 1996, Ch. 1023, Sec. 35. Effective September 29, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33319.3. Source version: id_d29e2f52-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The State Department of Education shall prepare materials on driver attitude and motivation that focus on the reduction of driving violations with particular emphasis on aggressive driving behavior and behavior commonly known as “road rage” and shall make these materials available to school districts to use in connection with programs of automobile driving education, at the option of the school district. (Added by Stats. 2000, Ch. 642, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33319.5. Source version: id_d29fb5f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. The State Department of Education may encourage among school districts, county boards of education, and county superintendents of schools the implementation of the authority granted to those agencies by Section 35160, including the rendering to those agencies, upon request, advisory opinions on whether a program, activity, or course of action is authorized by Section 35160. The department may publish and disseminate those opinions. (Added by Stats. 1987, Ch. 1452, Sec. 176.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1. General Provisions [33300 - 33319.6] SECTION 33319.6. Source version: id_f87127e2-a948-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1. (a) No later than September 30, 2026, the state board shall approve and the department shall post on its internet website criteria and guidance for the selection or development of inservice professional development programs for effective means of teaching literacy in transitional kindergarten, kindergarten, and grades 1 to 5, inclusive, with a list of inservice professional development programs that have been deemed to meet those criteria. Professional development programs that meet the criteria and guidance may be used by local educational agencies for training certificated and classified staff who provide literacy instruction or who support any teacher who provides literacy instruction. The list shall include programs offered in different modalities, including in-person and virtual formats, and the criteria and guidance shall ensure that programs follow the precepts of effective professional development; are content focused, interactive, and collaborative; provide models of effective practice, coaching, and opportunities for feedback and reflection; provide adequate time to master the concepts being taught; and include periodic checks to demonstrate mastery of the concepts. The criteria and guidance shall also ensure that the programs meet all of the following criteria: (1) Include the requirements described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259 and evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency, attending to oral language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs. (2) Align to the Commission on Teacher Credentialing’s current teaching performance expectations as specified in Section 44259.7. (3) Align to the English Language Arts/English Language Development (ELA/ELD) Framework, including integrated and designated English language development instruction adopted by the state board. (4) Align to the program guidelines for dyslexia developed pursuant to Section 56335. (b) The state board and department shall solicit interestholder input when developing the criteria, guidance, and list of professional development programs pursuant to subdivision (a). (c) (1) The department, before incurring substantial costs for the review of professional development programs, shall require that a professional development program provider that intends to submit materials for review to first declare their intent to submit one or more professional development programs for review. After a professional development program provider has declared their intent to submit one or more professional development programs for review, and until September 30, 2026, the department may assess a fee on the submitting professional development program provider in an amount, consistent with paragraph (3), that shall not exceed the reasonable costs to the department to conduct a review of the submitted materials pursuant to this section, excluding the review of professional development programs submitted from local educational agencies described in paragraph (7). (2) The fee shall be payable by the professional development program provider even if the professional development provider subsequently chooses to withdraw one or more professional development programs from review. A submission by a professional development program provider shall not be reviewed until the fee has been paid in full. (3) The fee assessed shall not exceed ten thousand dollars ($10,000) for each professional development program submitted for review. The department shall take reasonable steps to limit costs of the review and to keep the fee modest. It is the intent of the Legislature that the fee not be so substantial that it prevents small professional development program providers from participating. (4) Upon the request of a small professional development program provider, the department may reduce the fee. (5) The fees to be charged shall be approved by the executive director of the state board before being publicly posted on the department’s internet website. (6) Revenue derived from fees assessed pursuant to this subdivision shall be budgeted as reimbursements, subject to review through the annual budget process, and may be used to pay for costs associated with the review and approval of professional development programs. (7) Local educational agencies that submit professional development programs for review, either as a standalone professional development program provider or in a partnership that includes only local educational agencies, shall be exempt from paying the fee authorized pursuant to this subdivision. (d) (1) (A) The department shall make funding available for purposes of training certificated and classified staff who provide literacy instruction, or who support any teacher who provides literacy instruction, to pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, using the professional development programs that meet the criteria and guidance approved pursuant to subdivision (a). The Superintendent shall apportion these funds to local educational agencies in an equal amount per full-time equivalent certificated staff who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, using the data submitted through the California Longitudinal Pupil Achievement Data System as of October 2025. (B) A local educational agency may expend the funds received pursuant to this subdivision from the 2026–27 fiscal year to the 2029–30 fiscal year, inclusive. A local educational agency shall ensure that teachers and all other certificated employees complete training offered pursuant to this section on paid time during the employees’ regular work hours or designated professional development hours unless otherwise negotiated and mutually agreed upon with the employees’ exclusive representative. (2) (A) (i) If a local educational agency is apportioned funds pursuant to subparagraph (A) of paragraph (1), those funds shall be used to provide opportunities for professional development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, who have not passed the literacy performance assessment pursuant to Section 44320.3 or have not already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a), using one or more of the professional development programs approved pursuant to subdivision (a), except as provided in clause (ii). (ii) Notwithstanding clause (i), if a local educational agency is apportioned funds pursuant to subparagraph (A) of paragraph (1), those funds may be used to provide opportunities for professional development using a professional development program not approved pursuant to subdivision (a), provided that the program aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a). (B) If there are remaining funds after complying with subparagraph (A), a local educational agency may provide opportunities for professional development for teachers who teach pupils in grades other than transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, as well as opportunities for additional professional development for teachers who teach pupils in transitional kindergarten, kindergarten, or any of grades 1 to 5, inclusive, who have passed the literacy performance assessment pursuant to Section 44320.3 or already received training in a preservice or inservice program that aligns to the criteria specified in paragraphs (1) to (4), inclusive, of subdivision (a) and the criteria and guidance approved pursuant to subdivision (a). (3) As a condition of receiving funds apportioned pursuant to this subdivision, a local educational agency shall, on or before September 1, 2029, report to the department, in a form and manner determined by the department, the number of teachers that received professional development and which professional development program was used at the local educational agency and schoolsite level. (4) The department shall summarize the information reported pursuant to paragraph (3) and shall submit the summary to the appropriate budget subcommittees and policy committees of the Legislature, in compliance with Section 9795 of the Government Code, and to the Department of Finance on or before February 1, 2030. (e) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, charter school, or state special school. (2) “Small professional development program provider” means an independently owned or operated professional development program provider that, together with its affiliates, has 20 or fewer employees, and has average annual gross receipts of two million dollars ($2,000,000) or less over the previous three years. (Amended by Stats. 2025, Ch. 744, Sec. 1. (SB 147) Effective October 13, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33320. Source version: id_d29fb5f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. (a) The purpose of this article is to identify, develop, validate, and disseminate effective educational programs and practices operated by state and local educational entities, in order to improve the educational services provided through public elementary and secondary schools to persons between 3 and 21 years of age. (b) It is the intent of the Legislature that any state funding under this article not supplant any educational program funding that would otherwise be allocated to any school district, county office of education, or public postsecondary education institution. (Added by Stats. 1988, Ch. 1636, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33321. Source version: id_d2a13c9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. The Superintendent of Public Instruction shall establish procedures within the State Department of Education to accomplish all of the following: (a) Annually identify the critical needs for which effective educational programs and practices are to be identified, developed, and disseminated to public schools. (b) Coordinate the identification and development of effective programs and practices with appropriate offices in the State Department of Education, schools, school districts, county offices of education, institutions of higher education, the Legislature, business and industry, and the community. (c) Ensure that all programs developed under this article are objectively evaluated for impact on pupil learning, cost effectiveness, and the overall instructional program. (d) Develop and implement procedures to ensure that educators throughout the state are made aware of the effective programs and practices identified under this article. (e) Periodically prepare and report information about project results to the Legislative Analyst. (f) Identify and coordinate appropriate federal and private funding to support the development and dissemination of projects and programs identified under this article. (g) Establish, where appropriate, project partnerships with other public and private agencies, including business and industry, for the purposes of this article. (Added by Stats. 1988, Ch. 1636, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33321.5. Source version: id_d2a13c9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. In performing the responsibilities set forth in Section 33321, the Superintendent of Public Instruction shall consult with high school and elementary school teachers, high school and junior high school principals, school district administrators, members of school district governing boards, county superintendents of schools and other county office of education administrators, and representatives of public postsecondary educational institutions, the California State Facilitator Project of the National Diffusion Network, and business and industry. (Added by Stats. 1988, Ch. 1636, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33322. Source version: id_d2a13c9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. The State Board of Education may authorize the funding of any proposal of a school district, county office of education, public postsecondary educational institution, or other public educational agency for the development of an educational program, where the board determines that the proposal does all of the following: (a) Provides an effective, cost-effective solution to a current or anticipated statewide educational need in public elementary or secondary schools. (b) Demonstrates that teachers, and experts in the subject matter of the proposal, collaborated in the development of the proposal. (c) Contains a professional development component that maximizes teacher commitment and integration of the program into the existing instructional program. (d) Contains a method of evaluating resulting changes in teaching, pupil performance, and the instructional program, as appropriate. (e) Provides for development and evaluation of the proposal in collaboration with postsecondary educational institutions and other educational agency resources. (Added by Stats. 1988, Ch. 1636, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33323. Source version: id_d2a13ca0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. The State Board of Education, upon review of the recommendation of the Superintendent of Public Instruction, shall validate, as an exemplary educational project, each project developed by the State Department of Education, a school district, county office of education, or public postsecondary educational institution that it determines to meet the following criteria, whether or not the project was developed pursuant to state funding provided under Section 33322: (a) The project accomplishes the objectives set forth in Section 33322. (b) The project contains a plan for the statewide dissemination of the program, to be coordinated with state, regional, and school district staff and program service providers, including, but not limited to, postsecondary educational institutions. (c) Without any increase in state costs, the project may be adopted by other school districts or county offices of education, as appropriate, with a reasonable probability of accomplishing the objectives realized in the original educational setting. (Added by Stats. 1988, Ch. 1636, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33324. Source version: id_d2a13ca2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. (a) The State Department of Education shall annually disseminate to each school district, county office of education, resource agency or consortium as described in Article 2 (commencing with Section 44680) of Chapter 3.1 of Part 25, and other public educational entity, as appropriate, information regarding effective educational projects and programs developed and validated pursuant to this article, in addition to projects included in the National Diffusion Network. (b) The California State Facilitator Project, county offices of education, and other regional educational agencies are encouraged to assist in the dissemination of information regarding effective educational programs. (c) The State Board of Education, upon review of the recommendation of the Superintendent of Public Instruction, may authorize funds for any proposal of a school district or county office of education for the adoption of an effective educational project, in an amount not exceeding the initial start-up costs of the project, where the board determines that the proposal does all of the following: (1) Establishes a local need for the adoption or adaptation of the project. (2) Contains a plan that evidences the commitment of resources necessary to implement the adoption of the project and that coordinates the project with existing educational programs. In the case of a school, that plan should be articulated with the school district plan. (3) Contains a method of evaluating resulting changes in teaching, pupil performance, and the instructional program. (4) Has been validated pursuant to Section 33323. (d) The Superintendent of Public Instruction may assist in the implementation of projects adopted pursuant to subdivision (b), either by the department or pursuant to Section 33326. (Amended by Stats. 1989, Ch. 1360, Sec. 20.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33325. Source version: id_d2a13ca4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. All proposals submitted to the State Board of Education for funding pursuant to Section 33322 or 33324, or for validation pursuant to Section 33323, shall be evaluated by the State Department of Education, in consultation with school districts, county offices of education, and other appropriate public and private nonprofit educational agencies. Based on those evaluations, the department shall submit its recommendations to the board concerning the funding or, as appropriate, the validation of each proposal. (Added by Stats. 1988, Ch. 1636, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33326. Source version: id_d2a2c346-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. The State Board of Education, upon review of the recommendation of the Superintendent of Public Instruction, may authorize funding for any proposal of a county office of education, postsecondary educational institution, consortium of local educational agencies, the National Diffusion Network State Facilitator, the State Department of Education, or other appropriate educational entity to provide assistance, pursuant to this article, in the development, implementation, evaluation, dissemination, or adoption of an exemplary educational project. This assistance may include, but is not limited to, the implementation of professional development activities and the coordination of services with other educational agencies, programs, resources, and professional development providers. (Added by Stats. 1988, Ch. 1636, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33327. Source version: id_d2a2c348-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. (a) The State Department of Education, in performing the identification, development, evaluation, dissemination, or adoption of projects and practices under any state or federal categorical education program, shall perform those functions in accordance with the procedure set forth in this article, as feasible and to the extent authorized by law. (b) To the extent authorized by law, the department shall apply the funding made available under each of those categorical education programs for the functions described in subdivision (a) to the costs of performing those functions in the manner directed by that subdivision. (Added by Stats. 1988, Ch. 1636, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33328. Source version: id_d2a2c34a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. (a) It is the intent of the Legislature to evaluate the effectiveness of programs developed for English learners subsequent to Proposition 227 in order to ensure that only programs successful in teaching pupils English and allowing them to meet content standards are adopted by districts. After the results of the evaluation and the dissemination of accurate information on effective programs, a foundation will exist upon which to hold school districts accountable for the program choices made and the subsequent results. It is also the intent of the Legislature that the evaluation identify any necessary changes in law to promote programs that can document success and to allow those programs to continue or expand. (b) The Superintendent of Public Instruction, in consultation with the State Board of Education, shall convene a working group for the purpose of selecting a contractor, on a competitive basis, to conduct an independent evaluation of the effects of the implementation of Chapter 3 (commencing with Section 300) of Part 1 (Proposition 227) on the education of pupils attending kindergarten and grades 1 to 12, inclusive, in California public schools. The working group shall be comprised of representatives of the Governor, the Superintendent of Public Instruction, the State Board of Education, the Assembly Committee on Education, the Senate Committee on Education, the Assembly Committee on Appropriations, the Senate Committee on Appropriations, and other interested parties selected by the working group. The evaluation shall be rigorous and shall consider the long-term effects of programs upon pupils. The evaluation shall consider supplemental instruction programs for English learners in grades 4 to 8, inclusive, established pursuant to the English Language Acquisition Program (Ch. 4 (commencing with Sec. 400) Pt. 1) enacted pursuant to Chapter 71 of the Statutes of 1999. The contract shall provide for two interim reports and one final report. (c) (1) The first interim report shall set benchmarks, survey program methods, and select samples for long-term study. The first interim report shall include, but shall not be limited to, samples regarding rural, suburban, and urban, school districts and programs in which any of the following conditions exist: (A) Pupils have obtained waivers and are receiving a portion of their instruction in their primary language. (B) Pupils are in structured or sheltered English immersion. (C) Pupils who are English learners are placed in an English language mainstream classroom and are receiving no special services. (2) The second interim report shall present comparisons of student performance, shall analyze the preliminary effects of Proposition 227 and shall make preliminary findings and recommendations regarding how a school district may modify its implementation of Proposition 227 to improve pupils’ academic achievement and acquisition of the English language. (3) The interim reports shall also contain preliminary findings and recommendations, if any, regarding modifications and revisions to Proposition 227 that are necessary to facilitate implementation in a way that will maximize academic achievement and the acquisition of the English language. (4) The first interim report shall be delivered to the Governor and the Legislature on or before October 1, 2000. The second interim report shall be delivered to the Governor and the Legislature on or before May 17, 2002. (d) The final report shall present results from sample programs that detail achievement data and do all of the following: (1) Identify programs that are effective in teaching pupils the English language. (2) Identify curriculums for limited-English-speaking pupils that are effective in enabling these pupils to meet state and district standards. (3) Compare program benefits, and detail any unintended consequences. (4) Identify programs, if any, that are not effective in teaching pupils the English language. (5) Identify curriculums, if any, for limited-English-speaking pupils that are not effective in enabling these pupils to meet state and district standards. (e) The final report shall be delivered to the Governor and the Legislature on or before October 1, 2005. (f) This section shall be implemented only if funds are appropriated for the purposes of this section. (Added by Stats. 1999, Ch. 1009, Sec. 1. Effective October 10, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 1.5. Effective Educational Programs and Practices [33320 - 33328.5] SECTION 33328.5. Source version: id_b00a2ac8-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=1.5. (a) For purposes of this section, the following definitions apply: (1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer, from the input it receives, how to generate outputs that can influence physical or virtual environments. (2) “Educator” means a certificated or classified employee of a local educational agency or charter school. (3) “Local educational agency” means a school district or county office of education. (b) The Superintendent shall convene a working group for all of the following purposes: (1) Developing guidance on the safe and effective use of artificial intelligence in ways that benefit, and do not harm, pupils and educators. (2) Developing a model policy, reflecting available research, for local educational agencies and charter schools regarding the safe and effective use of artificial intelligence in ways that benefit, and do not negatively impact, educational quality, pupil critical thinking and writing skills, creativity, and the essential work of educators. (3) Identifying other ways in which the state can support educators in developing and sharing effective practices involving artificial intelligence that minimize risk and maximize benefits to pupils and educators. (c) (1) The working group shall include all of the following: (A) Current, credentialed public school teachers serving in elementary and secondary teaching positions. (B) Classified public school staff. (C) Schoolsite administrators. (D) School district or county office of education administrators. (E) University and community college faculty, including academics with expertise in artificial intelligence and its uses in education. (F) Representatives of private sector business or industry, with expertise in artificial intelligence and its uses in education. (G) Pupils enrolled in public school. (2) At least one-half of the working group shall be composed of current, credentialed public school teachers serving in elementary and secondary teaching positions with knowledge of the use of artificial intelligence in education. (d) The working group shall do all of the following: (1) (A) Assess the current and future state of artificial intelligence use in education, including both of the following: (i) The current state of artificial intelligence used by local educational agencies and charter schools, including all of the following: (I) Technologies most commonly in use. (II) The typical cost of those technologies. (III) The ownership structure of those technologies. (IV) The ownership structure of pupil- and employee-created materials. (V) The licensing agreements for those technologies. (VI) The ability to access source code for those technologies. (VII) The degree to which educators were involved in the decision to use artificial intelligence. (VIII) Artificial intelligence as a topic of instruction in developing class content. (ii) Anticipated and potential developments in artificial intelligence technology in education. (B) (i) Conduct at least three public meetings to incorporate feedback from pupils, families, and relevant stakeholders into the assessment required by subparagraph (A). (ii) Public meetings held pursuant to clause (i) may be held by teleconference, pursuant to the procedures required by Section 11123 of the Government Code, for the benefit of the public and the working group. (2) (A) Detail current uses of artificial intelligence in education settings including through the identification of all of the following: (i) Examples of human-centered artificial intelligence that aid, further, and improve teaching and learning, including in ways that do not exacerbate existing inequities, and the work of educators. (ii) Examples of human replacement artificial intelligence that could negatively impact pupil development, jeopardize pupil data security, or risk the jobs of educators. (iii) Examples of strategies to ensure that there are opportunities for stakeholders to offer meaningful feedback before any given form of artificial intelligence is introduced to pupils or educators. (B) In performing the work required by this subdivision, the working group shall solicit input from educators and pupils on their experience using the technologies identified in subparagraph (A). (3) On or before January 1, 2026, develop guidance for local educational agencies and charter schools on the safe use of artificial intelligence in education that addresses all of the following: (A) Academic integrity and plagiarism. (B) Acceptable and unacceptable uses of artificial intelligence for pupils and educators. (C) Pupil and educator data privacy and data security. (D) Parent and guardian access to information that pupils enter into artificial intelligence systems. (E) Procurement of software that ensures the safety and privacy of pupils and educators, and the protection of their data. (4) On or before July 1, 2026, develop a model policy for local educational agencies and charter schools regarding the safe and effective use of artificial intelligence in ways that benefit, and do not negatively impact, pupils and educators. This policy shall include all of the following topics: (A) Academic integrity and plagiarism. (B) Acceptable and unacceptable uses of artificial intelligence for pupils and educators. (C) Pupil and educator data privacy and data security. (D) Parent and guardian access to pupil information. (E) Procurement of software that ensures the safety and privacy of pupils and educators and their data. (F) Effective use of artificial intelligence to support, and avoid risk to, teaching and learning. (G) Effective practices to support, and avoid risk to, educators and pupils. (H) Strategies to ensure that artificial intelligence does not exacerbate existing inequities in the education system. (I) Professional development strategies for educators on the use of artificial intelligence. (5) Identify other ways in which the state can support educators in developing and sharing effective practices that minimize risk and maximize benefits to pupils and educators, including, but not limited to, establishing communities of practice on the use of artificial intelligence in education. (6) On or before January 1, 2027, submit a report to the appropriate policy and fiscal committees of the Legislature, in compliance with Section 9795 of the Government Code, presenting the assessment required by paragraph (1) and any findings or recommendations related to the assessment. (e) The department shall post on its internet website the guidance developed pursuant to paragraph (3) of subdivision (d) and the model policy for local educational agencies and charter schools developed pursuant to paragraph (4) of subdivision (d). (f) The working group shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (g) The working group shall be dissolved upon submission of the report required by paragraph (6) of subdivision (d) to the Legislature. (h) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Amended by Stats. 2025, Ch. 67, Sec. 46. (AB 1170) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 10. The Learning Communities for School Success Program [33430 - 33436] SECTION 33430. Source version: id_d771b7d8-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=10. The Learning Communities for School Success Program is hereby established for the purpose of implementing, pursuant to paragraph (1) of subdivision (a) of Section 7599.2 of the Government Code, the K–12 education portion of the Safe Neighborhoods and Schools Act, as approved as Proposition 47 by the voters at the November 4, 2014, statewide general election. Through this program, the department shall administer grants and coordinate assistance to local educational agencies to support the local educational agencies in identifying and implementing evidence-based, nonpunitive programs and practices that are aligned with the goals for pupils contained in each of the local educational agency’s local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. (Added by Stats. 2016, Ch. 397, Sec. 2. (AB 1014) Effective January 1, 2017. Section conditionally operative as provided in Section 33436. See identical section in the Article 10 added by Stats. 2016, Ch. 533.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 10. The Learning Communities for School Success Program [33430 - 33436] SECTION 33431. Source version: id_d771b7da-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=10. (a) A local educational agency that chooses to apply for funding pursuant to this article shall submit an application to the department to receive a grant, in a format and by a date determined by the department. An application submitted to the department by a local educational agency shall include, at a minimum, all of the following: (1) Information about the pupil and school needs within the local educational agency. (2) The activities the local educational agency will undertake with the grant funding. (3) How the activities specified in paragraph (2) support the local educational agency’s goals for pupils contained in its local control and accountability plan. (4) How the local educational agency will measure outcomes associated with the activities specified in subdivision (e) and metrics reported in the local educational agency’s local control and accountability plan. (b) An application shall be for three years of grant funding. Consistent with the provisions of this article, the department may establish requirements for grantees to meet at the end of the first and second years of funding in order to receive funding for the remaining grant period. (c) The department shall determine eligibility for grants and the distribution of grant funding based on all of the following factors: (1) Pupil and school needs the local educational agency will address with the grant funds. (2) Number of pupils to be served with the grant funds. (3) Number, size, and type of participating schools within the local educational agency. (4) Any challenges the local educational agency experiences in building capacity for fulfilling the purposes of this article. (5) The unique characteristics of small school districts, given their challenges with economies of scale and access to services in rural locations. (d) (1) Before the initial application deadline, the department shall conduct targeted outreach to local educational agencies that are likely to be given priority pursuant to subdivision (b) of Section 33432 and shall offer the local educational agencies technical assistance as they develop their grant applications. (2) The department may provide technical assistance with application development to any local educational agency that requests assistance. This may include assistance from external entities the department may contract with as part of the training and technical assistance structure established pursuant to Section 33433. (e) The department shall issue application guidelines that include, at a minimum, information about the department’s plans for overall evaluation of the program considering the objectives identified in Section 33434. For purposes of facilitating program evaluation, the department, in consultation with the executive director of the state board, shall identify a set of measures and associated data sources that are deemed valid and reliable for measuring pupil and school outcomes and assessing the benefits of the program. (f) In meeting the requirements of this section, the department shall consult with stakeholders, including, but not limited to, representatives of local educational agencies, teachers and other school personnel, parents, advocacy organizations with experience working with target vulnerable populations, and parent- and youth-serving community-based organizations. It the intent of the Legislature that stakeholders provide input to the department on the design of the application and review process, including the size of the grant awards. The stakeholders shall not be involved in determining who will be awarded grants. (Added by Stats. 2016, Ch. 397, Sec. 2. (AB 1014) Effective January 1, 2017. Section conditionally operative as provided in Section 33436. See identical section in the Article 10 added by Stats. 2016, Ch. 533.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 10. The Learning Communities for School Success Program [33430 - 33436] SECTION 33432. Source version: id_d771deec-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=10. (a) A local educational agency that receives a grant shall use the grant funds for planning, implementation, and evaluation of activities in support of evidence-based, nonpunitive programs and practices to keep the state’s most vulnerable pupils in school. These activities shall complement or enhance the actions and services identified to meet the local educational agency’s goals as identified in its local control and accountability plan pursuant to Section 47606.5, 52060, or 52066, as applicable. These activities may include, but are not limited to, all of the following: (1) Establishing a community school, as defined in Section 33435. (2) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. (3) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. (4) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. (5) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. (6) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. (b) In selecting grant recipients pursuant to this article, the department shall give priority to a local educational agency that meets any of the following criteria: (1) (A) Has a high rate of chronic absenteeism, out-of-school suspension, or school dropout for the general pupil population or for a numerically significant pupil subgroup, as identified in a local control and accountability plan pursuant to paragraphs (2) and (3) of subdivision (a) of Section 52052. (B) For purposes of this paragraph, “high rate” means a rate that exceeds the state average. (2) Is located in a community with a high crime rate. (3) Has a significant representation of foster youth among its pupil enrollment. (c) A local educational agency that receives a grant shall provide a local contribution of matching expenditures equal to at least 20 percent of the total grant award. This local contribution can be from cash expenditures or in-kind contributions. A local educational agency is encouraged to exceed the 20-percent match requirement to enable the local educational agency to sustain the activities or programs established under this article beyond the three-year grant period. (d) A local educational agency that receives a grant shall use the grant funds to increase or improve services that the local educational agency currently provides for purposes specified in this article. (e) A local educational agency shall not use grant funds to pay for law enforcement activities, including personnel or equipment. (Added by Stats. 2016, Ch. 397, Sec. 2. (AB 1014) Effective January 1, 2017. Section conditionally operative as provided in Section 33436. See identical section in the Article 10 added by Stats. 2016, Ch. 533.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 10. The Learning Communities for School Success Program [33430 - 33436] SECTION 33433. Source version: id_d771deee-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=10. (a) The department shall use the funding the Safe Neighborhoods and Schools Act authorizes for administrative costs pursuant to subdivision (b) of Section 7599.2 of the Government Code, which is no more than 5 percent of the annual funding the department receives from the Safe Neighborhoods and Schools Fund, for the administrative costs of implementing this article, including, but not limited to, administering grant awards, coordinating the training and technical assistance structure described in subdivision (b), and completing the evaluation pursuant to Section 33434. (b) The department shall establish a structure to deliver training and technical assistance to grantees using regional workshops and technical assistance providers that have expertise on pupil engagement, school climate, truancy reduction, and supporting pupils who are at risk of dropping out of school or who are victims of crime. The department may contract with those providers to assist the grantees as well as to serve as a resource for other local educational agencies that may use their own funding sources to engage in this community of practice. Technical assistance provided pursuant to this subdivision shall be consistent with the technical assistance provided to a local educational agency by the county superintendent of schools or the Superintendent, as appropriate, in the development of the local control and accountability plan. (Added by Stats. 2016, Ch. 397, Sec. 2. (AB 1014) Effective January 1, 2017. Section conditionally operative as provided in Section 33436. See identical section in the Article 10 added by Stats. 2016, Ch. 533.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 10. The Learning Communities for School Success Program [33430 - 33436] SECTION 33435. Source version: id_d7720602-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=10. For purposes of this article, the following definitions apply: (a) “Community school” means a public school that participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships with one or more community partners for the delivery of community services that may be provided at a schoolsite to pupils, families, and community members. (b) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2016, Ch. 397, Sec. 2. (AB 1014) Effective January 1, 2017. Section conditionally operative as provided in Section 33436. See identical section in the Article 10 added by Stats. 2016, Ch. 533.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 10. The Learning Communities for School Success Program [33430 - 33436] SECTION 33436. Source version: id_d7720604-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=10. This article shall not become operative unless funds are appropriated in the annual Budget Act or another statute to the Safe Neighborhoods and Schools Fund in accordance with the Safe Neighborhoods and Schools Act for the purposes specified in this article. (Added by Stats. 2016, Ch. 397, Sec. 2. (AB 1014) Effective January 1, 2017. See identical section in the Article 10 added by Stats. 2016, Ch. 533. Note: Operational condition applies to Article 10, commencing with Section 33430.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 11. Pathways to Success Grant Program [33440 - 33447] SECTION 33440. Source version: id_f1c5b687-fcb0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=11. For purposes of this article, the following terms have the following meanings: (a) “English learner” has the same meaning as defined in Section 306. (b) “Native speaker of English” has the same meaning as defined in Section 306. (c) “Dual language immersion program” is a program that enrolls both English learners and native speakers of English and provides integrated language learning and academic instruction for native speakers of English and native speakers of another language, with the goals of high academic achievement, first and second language proficiency, and cross-cultural understanding. These programs are also known as two-way bilingual immersion programs. (d) “Developmental bilingual program for English learners” is a program in which academic instruction and literacy development occurs in both a pupil’s home language and in English. It is a program that exists across all grade levels in schools. Academic curriculum is taught through a pupil’s home language plus English language development, with increasing academic instruction in English until pupils develop literacy in both languages, at which point academic study in both languages continues. (e) “Early learning dual language learners programs” refer to language programs in early care and education settings that serve children from birth to five years of age before entry into kindergarten. These programs include, but are not necessarily limited to, preschool, expanded transitional kindergarten, and transitional kindergarten, where the goal is to support development of both languages and to promote bilingualism and biliteracy. (f) “Dual language learners” (DLLs) is the term used in early education to refer to children from birth to age five who are learning two or more languages at the same time, or who are learning a second language, such as English, while continuing to develop their home language. (Added by Stats. 2018, Ch. 763, Sec. 2. (AB 2514) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 11. Pathways to Success Grant Program [33440 - 33447] SECTION 33441. Source version: id_f1c5b689-fcb0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=11. (a) The Pathways to Success Grant Program is hereby established with the goal of providing pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, with dual language immersion programs, developmental bilingual programs for English learners, or early learning dual language learners programs that are consistent with the adopted state policy of the English Learner Roadmap. (b) The purpose of the Pathways to Success Grant Program is to grow capacity for high-quality dual language learning by doing all of the following: (1) Establishing dual language immersion programs or developmental bilingual programs for English learners for pupils in elementary and secondary schools. (2) Establishing early learning dual language learners programs in state preschools operated by school districts and charter schools. (3) Expanding existing dual language immersion programs or developmental bilingual programs for English learners to new schoolsites. (4) Providing professional development modules to school districts, schools, county offices of education, or a consortium of these entities, with evidence-based, demonstrated professional development techniques on how to design and implement new, or to expand existing, dual language immersion programs or developmental bilingual programs for English learners and early learning dual language learners programs. (Added by Stats. 2018, Ch. 763, Sec. 2. (AB 2514) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 11. Pathways to Success Grant Program [33440 - 33447] SECTION 33442. Source version: id_f1c5dd9b-fcb0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=11. (a) (1) The department shall administer the Pathways to Success Grant Program, which shall be a three-year grant program. Commencing September 1, 2019, the department shall award a minimum of 10 one-time grants of up to three hundred thousand dollars ($300,000) per grant, to entities described in subdivision (b) considering any of the following: (A) Establishing a dual language immersion program or developmental bilingual program for English learners. (B) Expanding an established dual language immersion program or developmental bilingual program for English learners. (C) Establishing early learning dual language learners programs in state preschool programs operated by school districts and charter schools. (2) When awarding a grant to an applicant proposing to establish a dual language immersion program or developmental bilingual program for English learners in a target language other than Spanish, the department shall provide additional funding of up to twenty thousand dollars ($20,000) over the amount of the grant awarded pursuant to paragraph (1). (3) Priority shall be given to proposals for programs with an enrollment that consists of at least 40 percent English learners at the elementary level and at least 40 percent English learners and reclassified fluent English proficient pupils at the middle and high school levels. (b) Both of the following entities are eligible to apply for a grant pursuant to this section: (1) A school district. (2) A consortium composed of a school district in partnership with one or more of the following: (A) Other school districts. (B) County offices of education. (C) Bilingual teacher programs in schools of education in institutions of higher education. (D) Charter schools, other than for-profit charter schools, located within the school district. (c) In accordance with Section 33444, the department shall identify criteria for evaluating applicants and awarding the grants. (d) An entity described in subdivision (b) may apply to the department to receive a grant pursuant to subdivision (a). Participation in this grant program shall be on a voluntary basis. (e) An application shall include a description of all of the following: (1) The high-quality curriculum and instruction to be provided by the dual language immersion program or developmental bilingual program for English learners. (2) Projected grade levels, number of school districts, number of schoolsites, and number of classrooms proposed in the expansion or establishment of dual language immersion programs or developmental bilingual programs for English learners, for each grant. (3) The early learning dual language learners program to be provided to dual language learners in early childhood education programs, such as state preschool, the high-quality, standards-based curriculum and instruction, and the projected number of classrooms included for each grant. (4) Pupil enrollment, disaggregated by English learners, dual language learners, and native speakers of English. (5) How the program for which the applicant proposes to use the grant will serve the applicant’s English learner population and dual language learners, including outreach to families who speak the target language of the new or expanded program. (6) How the applicant will secure bilingual teachers, bilingual preschool educators, bilingual paraeducators, and bilingual program staff. (7) How the applicant will sustain its expanded or new dual language immersion program, developmental bilingual program for English learners, or early learning dual language learners program beyond the three-year grant period. (8) Evidence of support by the applicant school district’s or districts’ county board or boards of education or the governing board or boards of the school district or districts, or the authorizing body or bodies of the charter schools. (9) Efforts to align program goals with school district responsibilities pursuant to Section 305. (10) A program budget identifying the amount of funding proposed to be expended for the allowable expenses identified in subdivision (a) of Section 33445, including information on how much grant funding will be spent at each schoolsite. (11) Available funding within the current or projected budget for the three-year grant period that will be committed in addition to grant funding, including any funding received pursuant to its local control funding formula allocation, federal law, or other sources. (12) How the applicant will collect data required by the department for purposes of the department’s report described in Section 33446. The application shall include the number of pupils to be served, including English learners, native English speakers, and dual language learners, by the applicant and the number of pupils successfully completing programs described in this article at the elementary and secondary levels and in early childhood education programs. (13) Assurance that the applicant will sustain and maintain the program or programs described in this article and a description of the support, including funding, it commits to do so. (Added by Stats. 2018, Ch. 763, Sec. 2. (AB 2514) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 11. Pathways to Success Grant Program [33440 - 33447] SECTION 33443. Source version: id_f1c5dd9d-fcb0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=11. The department shall perform all of the following functions in the administration of the Pathways to Success Grant Program: (a) Review applications and award grants. (b) Provide technical assistance to school districts, county offices of education, or consortia implementing a dual language immersion program, developmental bilingual program for English learners, or early learning dual language learners program. (c) Identify data to be collected by grant recipients. (d) Identify how it will collect data reported by grant recipients, and how it will make that data available to the public. (Added by Stats. 2018, Ch. 763, Sec. 2. (AB 2514) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 11. Pathways to Success Grant Program [33440 - 33447] SECTION 33444. Source version: id_f1c5dd9f-fcb0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=11. The department shall consult with the following persons and entities in the development of the criteria for awarding the grants and in developing the professional development modules: (a) Professional organizations with demonstrated expertise and experience in developing, implementing, and maintaining a dual language immersion program, developmental bilingual program for English learners, and early learning dual language learners program. (b) Classroom teachers providing instruction in a dual language immersion program, development bilingual program for English learners, or early learning dual language learners program. (c) Principals of schools with an existing dual language immersion program, development bilingual program for English learners, or early learning dual language learners program. (d) Researchers and representatives of nonprofit professional organizations with demonstrated expertise and experience specific to dual language immersion programs, developmental bilingual programs for English learners, or early learning dual language learners programs. (Added by Stats. 2018, Ch. 763, Sec. 2. (AB 2514) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 11. Pathways to Success Grant Program [33440 - 33447] SECTION 33445. Source version: id_f1c5dda1-fcb0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=11. (a) A grant recipient shall use the grant for any of the following purposes: (1) School administrator, teacher, and staff training specific to the implementation and maintenance of a dual language immersion program, developmental bilingual program for English learners, or early learning dual language learners program. (2) Recruitment of bilingual preschool, elementary, and secondary school teachers and paraeducators. (3) Professional development for teachers after the initial establishment of the program. (4) Ongoing outreach to families of pupils, including strategies for family engagement. (5) Establishment and support of language learning professional learning communities for teachers. (6) Instructional coaches with demonstrated expertise and experience in implementing a dual language immersion program, developmental bilingual program for English learners, or early learning dual language learners program. (7) Standards-based instructional materials in target languages for proposed dual language immersion programs, developmental bilingual programs for English learners, or early learning dual language learners programs. (b) A grant recipient shall use the grant to supplement funding used for ongoing program costs received pursuant to its local control funding formula allocation and federal funding, such as Title I, II, or III funding. (Added by Stats. 2018, Ch. 763, Sec. 2. (AB 2514) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 11. Pathways to Success Grant Program [33440 - 33447] SECTION 33446. Source version: id_f1c604b3-fcb0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=11. On or before June 30, 2025, the department shall submit a report to the appropriate committees of the Legislature detailing the successes, best practices, barriers or constraints, and outcomes of school district and consortium programs funded with grants pursuant to this article. The report shall include the number of pupils in dual language immersion programs, developmental bilingual programs for English learners, and early learning dual language learners programs, and how these programs supported the goals of each of the school district programs and consortia funded with these grants. (Added by Stats. 2018, Ch. 763, Sec. 2. (AB 2514) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 11. Pathways to Success Grant Program [33440 - 33447] SECTION 33447. Source version: id_f1c62bc5-fcb0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=11. This article shall be implemented only upon an appropriation for its purposes in the annual Budget Act or other statute. (Added by Stats. 2018, Ch. 763, Sec. 2. (AB 2514) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 12. Intergenerational Education Programs [33470 - 33473] SECTION 33470. Source version: id_d2aef896-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=12. The State Department of Education shall administer intergenerational education programs in accordance with this article. (Added by Stats. 1984, Ch. 1592, Sec. 3. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 12. Intergenerational Education Programs [33470 - 33473] SECTION 33471. Source version: id_d2aef898-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=12. The State Department of Education shall establish criteria for the allocation of funds to intergenerational education programs. These criteria shall include all of the following: (a) The programs shall involve persons over 55 years of age in projects with elementary or secondary public school pupils. (b) The programs shall, when possible, involve creative and innovative approaches to teaching and intergenerational interaction. (c) The programs may, and are encouraged to, provide a minimum salary or stipend or transportation costs, or both, to participating senior citizens. The programs shall consider financial need of prospective participating senior citizens as one factor in selection, but not necessarily to the exclusion of other factors such as experience or special skills. (d) The programs shall comply with in-kind services or cash matching requirements established by the State Department of Education. (e) The programs shall provide evidence of their commitment to procure community, corporate, and other support, including funding. (Added by Stats. 1984, Ch. 1592, Sec. 3. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 12. Intergenerational Education Programs [33470 - 33473] SECTION 33471.5. Source version: id_d2aef89a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=12. The State Department of Education may allocate funds pursuant to this article to intergenerational education programs which operate without regard to school district boundaries. (Added by Stats. 1984, Ch. 1592, Sec. 3. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 12. Intergenerational Education Programs [33470 - 33473] SECTION 33472. Source version: id_d2aef89c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=12. The department shall require continuation of contract requirements, such as matching of funds or provision of in-kind services, and any other provisions determined necessary by the department for intergenerational programs. (Amended by Stats. 1994, Ch. 922, Sec. 39. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 12. Intergenerational Education Programs [33470 - 33473] SECTION 33473. Source version: id_d2b07f3e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=12. The State Department of Education may consult with the Department of Aging and the Commission on Aging regarding the criteria for selection of programs. (Added by Stats. 1984, Ch. 1592, Sec. 3. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13. The California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 [33475 - 33475.5] SECTION 33475. Source version: id_223e56c9-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13. This article shall be known, and may be cited, as the California Stem Cell and Biotechnology Education and Workforce Development Act of 2009. (Added by Stats. 2009, Ch. 185, Sec. 2. (SB 471) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13. The California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 [33475 - 33475.5] SECTION 33475.1. Source version: id_223e56cb-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13. The purpose of this article is to establish stem cell and biotechnology education and workforce development as a state priority and to promote stronger links among these industry sectors, the California Institute for Regenerative Medicine, and California public schools. (Added by Stats. 2009, Ch. 185, Sec. 2. (SB 471) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13. The California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 [33475 - 33475.5] SECTION 33475.2. Source version: id_223e7ddd-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13. For purposes of this article, the following definitions shall apply: (a) “CIRM” means the California Institute for Regenerative Medicine. (b) “Department” means the State Department of Education. (Added by Stats. 2009, Ch. 185, Sec. 2. (SB 471) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13. The California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 [33475 - 33475.5] SECTION 33475.3. Source version: id_223ecbff-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13. The department, in consultation with the CIRM and representatives of the biotechnology industry, shall promote stem cell and biotechnology education and workforce development in the department’s existing programs, including, but not limited to, all of the following: (a) The California Health Science Educators Institute. (b) The Health Science Capacity Building Project. (c) The California Partnership Academies, pursuant to Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4. (d) The regional science resource centers, pursuant to Chapter 3.6 (commencing with Section 44770) of Part 25 of Division 3. (e) The California Career Resource Network, including the State Agency Partners Committee. (f) Multiple pathway programs pursuant to Section 52372.5. (g) The K-12 High Speed Network, pursuant to Section 11800, including its academic content platform. (Added by Stats. 2009, Ch. 185, Sec. 2. (SB 471) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13. The California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 [33475 - 33475.5] SECTION 33475.4. Source version: id_223ef311-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13. The department shall post on its Internet Web site, and as appropriate, on the Internet Web site created pursuant to Section 52499.66, information and links to information about the following: (a) Biotechnology education programs, including, but not limited to, those identified by the biotech industry and industry-related organizations. (b) The CIRM education initiatives and related stem cell education and workforce development programs. (Added by Stats. 2009, Ch. 185, Sec. 2. (SB 471) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13. The California Stem Cell and Biotechnology Education and Workforce Development Act of 2009 [33475 - 33475.5] SECTION 33475.5. Source version: id_223f1a23-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13. The department shall post on its Internet Web site links to the CIRM model curriculum on stem cell science and communicate to science teachers and school districts the availability of this curriculum. (Added by Stats. 2009, Ch. 185, Sec. 2. (SB 471) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479. Source version: id_e80d9488-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. This act shall be known, and may be cited, as the Eric Paredes Sudden Cardiac Arrest Prevention Act. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.1. Source version: id_e80dbb9a-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. For purposes of this article, the following definitions apply: (a) “Athletic activity” includes all of the following: (1) Interscholastic athletics. (2) An athletic contest or competition, other than interscholastic athletics, that is sponsored by a school, including cheerleading and club-sponsored sports activities. (3) Noncompetitive cheerleading that is sponsored by a school. (4) Practices, interscholastic practices, and scrimmages for all of the activities listed under paragraphs (1) to (3), inclusive. (b) “Authorized person” means an employee, volunteer, or contractor authorized to provide health or medical services to pupil athletes. (c) “School” means a public school, including a charter school, or private school that elects to conduct athletic activities. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.2. Source version: id_e80dbb9c-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. (a) The department shall post on its Internet Web site guidelines, videos, and an information sheet on sudden cardiac arrest symptoms and warning signs, and other relevant materials to inform and educate pupils and parents, and to train coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. (b) Materials posted by the department on its Internet Web site may include, but are not necessarily limited to, those developed or used for sudden cardiac arrest education and coaches training by the National Federation of High School Associations, the Eric Paredes Save A Life Foundation, or the California Interscholastic Federation. (c) School districts and schools are encouraged to post on their Internet Web sites the information and material required to be posted by the department pursuant to subdivision (a) to give pupils, parents, and coaches ready access to the information. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.3. Source version: id_e80dbb9e-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. Each school year, before a pupil participates in an athletic activity governed by the California Interscholastic Federation, the school shall collect and retain a copy of the sudden cardiac arrest information sheet required by the California Interscholastic Federation for that pupil. Before a pupil participates in an athletic activity not governed by the California Interscholastic Federation, the pupil and the pupil’s parent or guardian shall sign and return to the pupil’s school an acknowledgment of receipt and review of the information sheet posted on the department’s Internet Web site pursuant to subdivision (a) of Section 33479.2. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.4. Source version: id_e80dbba0-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. A school may hold an informational meeting before the start of each athletic season for all ages of competitors regarding the symptoms and warning signs of sudden cardiac arrest. In addition to pupils, parents, coaches, and other school officials, informational meetings may include physicians, pediatric cardiologists, athletic trainers, and authorized persons. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.5. Source version: id_e80de2b2-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. (a) A pupil who passes out or faints while participating in or immediately following an athletic activity, or who is known to have passed out or fainted while participating in or immediately following an athletic activity, shall be removed from participation at that time by the athletic director, coach, athletic trainer, or authorized person. (b) A pupil who exhibits any of the other symptoms of sudden cardiac arrest, as described in subdivision (a) of Section 33479.2, during an athletic activity, may be removed from participation by an athletic trainer or authorized person if the athletic trainer or authorized person reasonably believes that the symptoms are cardiac related. In the absence of an athletic trainer or authorized person, any coach who observes any of the symptoms of sudden cardiac arrest shall notify the parent or guardian of the pupil so that the parent or guardian can determine what treatment, if any, the pupil should seek. (c) A pupil who is removed from play under this section shall not be permitted to return to participate in an athletic activity until the pupil is evaluated and cleared to return to participate in writing by a physician and surgeon, or a nurse practitioner or physician assistant practicing in accordance with standardized procedures or protocols developed by the supervising physician and surgeon and the nurse practitioner or physician assistant, as applicable. (d) This section does not apply to a pupil engaging in an athletic activity during the regular schoolday or as part of a physical education course required pursuant to subdivision (d) of Section 51220 unless it constitutes a practice, interscholastic practice, or scrimmage pursuant to paragraph (4) of subdivision (a) of Section 33479.1. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.6. Source version: id_e80de2b4-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. (a) A coach of an athletic activity shall complete the sudden cardiac arrest training course specified in Section 33479.2 and shall retake the training course every two years thereafter. (b) A coach of an athletic activity shall not be eligible to coach an athletic activity until the coach completes the training course required under subdivision (a). (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.7. Source version: id_e80de2b6-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. On and after July 1, 2019, a coach who violates Section 33479.6 shall be subject to suspension from coaching any athletic activity until completion of the required training. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.8. Source version: id_e80de2b8-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. The sponsors of youth athletic activities are encouraged to follow the guidelines specified in this article. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Section operative July 1, 2017, pursuant to Section 33479.9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 13.5. The Eric Paredes Sudden Cardiac Arrest Prevention Act [33479 - 33479.9] SECTION 33479.9. Source version: id_e80de2ba-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=13.5. This article is operative on July 1, 2017. (Added by Stats. 2016, Ch. 792, Sec. 1. (AB 1639) Effective January 1, 2017. Note: Delayed operative date applies to Article 13.5, commencing with Section 33479.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 2. Finances [33330 - 33338] SECTION 33330. Source version: id_d2a449ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=2. The department may expend the money in any appropriation, or in any special fund in the State Treasury now remaining or made available by law for the administration of the provisions of any of the statutes enumerated in this article or for the use, support, or maintenance of any board, commission, office, or officer that is abolished by the provisions of former Section 361, and whose duties, powers, and functions are, by the provisions of Section 33306, transferred to and conferred upon the Department of Education, excepting that the funds of the State Board of Education in respect to functions retained by it, including such funds as are now or may hereafter be entrusted to the State Board of Education for administration, and the funds of the Superintendent of Public Instruction shall be administered as heretofore. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 2. Finances [33330 - 33338] SECTION 33331. Source version: id_d2a449f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=2. The Department of Education may expend the moneys in any appropriation heretofore or hereafter made for the support of the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 2. Finances [33330 - 33338] SECTION 33332. Source version: id_d2a449f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=2. The Director of Finance may give the Director of Education authority to accept on behalf of, and in the name of, the state such gifts, donations, bequests, and devises as may be made to the Department of Education, or to any school or other institution administered by the Director of Education or the Department of Education, which in his judgment would be of benefit to the state and, if made to a school or other institution, would be of benefit to the school or other institution. Gifts, donations, bequests, and devises may be made subject to such conditions or restrictions as the Director of Education may deem advisable. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 2. Finances [33330 - 33338] SECTION 33333. Source version: id_d2a449f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=2. Money received under Section 33332 may, with the approval of the Director of Finance, be deposited by the Director of Education to the credit of the department or of the school or institution designated by him or her, in accounts in banks, or credit unions, or transmitted by him or her to the State Treasurer for deposit in trust accounts. Withdrawals may be made from the bank or credit union account or trust account by the Director of Education or any employee of the Department of Education authorized by him or her to make withdrawals therefrom. (Amended by Stats. 2001, Ch. 430, Sec. 4. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 2. Finances [33330 - 33338] SECTION 33334. Source version: id_d2a449f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=2. All moneys received by or for any school under the jurisdiction of the Department of Education from any agency of the federal government, directly or indirectly, for the education of veterans, is hereby appropriated for the support of such school in addition to such other funds as may be appropriated therefor by the Legislature. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 2. Finances [33330 - 33338] SECTION 33335. Source version: id_d2a449f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=2. For the purposes of Government Code Section 11032, the following constitute, among other proper purposes of like or different character, state business for officers and employees of the Department of Education for which the officers and employees shall be allowed actual and necessary traveling expenses: (a) Attending meetings of any national association or organization having as its principal purpose the study of matters relating to education or to a particular field or fields of education, or any agency of such association. (b) Conferring with officers or employees of the United States, or appearing before committees of either house of the Congress of the United States, relative to problems relating to education in California. (c) Conferring with officers or employees of other states engaged in the performance of similar duties. (d) Obtaining information useful to the department in the conduct of its work. When traveling is outside the state, traveling and expense shall be approved by the Governor and Director of Finance as provided in Government Code Section 11032. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 2. Finances [33330 - 33338] SECTION 33337. Source version: id_d2a5d09a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=2. It is the intent of the Legislature that, for the 1989–90 fiscal year and each year thereafter, funds shall be provided to the State Department of Education through the annual Budget Act for the purposes of carrying out the duties of the department in connection with Section 33127 of, Article 2 (commencing with Section 1240) of Chapter 2 of Part 2 of, Article 2 (commencing with Section 1620) of Chapter 5 of Part 2 of, Article 3 (commencing with Section 14050) of Chapter 1 of Part 9 of, Article 2 (commencing with Section 35010) of Chapter 1 of Part 21 of, and Article 2 (commencing with Section 42120) of Chapter 6 of Part 24 of, the Education Code. (Added by Stats. 1988, Ch. 1462, Sec. 1.122.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 2. Finances [33330 - 33338] SECTION 33338. Source version: id_bbcf6091-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=2. (a) The department or any other state agency that administers a grant or allocation of state funds to a school district shall allow an indirect cost rate that is not less than the indirect cost rate established by the department, unless a lower rate is required by law. (b) For purposes of this section, the following terms have the following meanings: (1) “Direct cost” means a cost that provides measurable, direct benefits to a particular program of an agency. Direct costs of a local educational agency include, but are not necessarily limited to, salaries and benefits of teachers and instructional aides, costs for purchasing textbooks and instructional supplies, and costs for providing pupils with counseling, health services, and transportation. (2) “Indirect cost” means the agencywide, general management cost of the activities for the direction and control of the agency as a whole. Indirect costs include, but are not necessarily limited to, administrative activities necessary for the general operation of the agency, such as accounting, budgeting, payroll preparation, personnel services, purchasing, and centralized data processing. (3) “Indirect cost rate” means the indirect cost rate established by the department for each school district. (4) “School district” has the same meaning as defined in subdivision (d) of Section 12000. (Amended by Stats. 2015, Ch. 344, Sec. 3. (AB 1064) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 3. Educational Programs [33350 - 33355] SECTION 33350. Source version: id_d2a5d09e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=3. The State Department of Education shall do all of the following: (a) Adopt rules and regulations that it deems necessary and proper to secure the establishment of courses in physical education in the elementary and secondary schools. (b) Compile or cause to be compiled and printed a manual in physical education for distribution to teachers in the public schools of the state. (c) Encourage school districts offering instruction in kindergarten and any of grades 1 to 12, inclusive, to the extent that resources are available, to provide quality physical education that develops the knowledge, attitudes, skills, behavior, and motivation needed to be physically active and fit for life; to provide daily recess periods for elementary school pupils, featuring time for unstructured but supervised play; to provide extracurricular physical activity and fitness programs and physical activity and fitness clubs; and to encourage the use of school facilities for physical activity and fitness programs offered by the school, public park and recreation districts, or community-based organizations outside of school hours. (Amended by Stats. 2003, Ch. 459, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 3. Educational Programs [33350 - 33355] SECTION 33351. Source version: id_d2a75740-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=3. The Department of Education may employ the necessary expert and clerical assistants in order to carry out the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 3. Educational Programs [33350 - 33355] SECTION 33352. Source version: id_40dc8193-0c93-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=3. (a) The department shall exercise general supervision over the courses of physical education in the elementary and secondary schools of the state; advise school officials, school boards, and teachers in the development and improvement of their physical education and activity programs; and investigate the work in physical education in the public schools. (b) The department shall ensure that the data collected through the categorical program monitoring indicates the extent to which each school within the jurisdiction of a school district or county office of education does all of the following that are applicable to the school: (1) Provides instruction in physical education for a total period of time of not less than 200 minutes each 10 schooldays to pupils in grades 1 to 6, inclusive, as required pursuant to paragraph (7) of subdivision (a) of Section 51210. (2) Provides instruction in physical education for a total period of time of not less than 400 minutes each 10 schooldays to pupils in grades 7 to 12, inclusive, as required pursuant to subdivision (a) of Section 51222. (3) Provides instruction in physical education for a total period of time of not less than 200 minutes each 10 schooldays to pupils in an elementary school maintaining grades 1 to 8, inclusive, as required pursuant to Section 51223. (4) Conducts physical fitness testing of pupils as required pursuant to Chapter 6 (commencing with Section 60800) of Part 33 of Division 4. (5) Includes the results of physical fitness testing of pupils in the school accountability report card as required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 33126. (6) Offers pupils exempted from required attendance in physical education courses pursuant to paragraph (1) of either subdivision (b) or (c) of Section 51241 a variety of elective physical education courses of not less than 400 minutes every 10 schooldays. (7) Provides a course of study in physical education to pupils in any of grades 9 to 12, inclusive, that includes a developmentally appropriate sequence of instruction, including the effects of physical activity upon dynamic health, the mechanics of body movement, aquatics, gymnastics and tumbling, individual and dual sports, rhythms and dance, team sports, and combatives. (8) Provides instruction in physical education to pupils that provides equal opportunities for participation regardless of gender. (9) Provides instruction in physical education to pupils in any of grades 1 to 12, inclusive, by physical education teachers who hold appropriate teaching credentials issued by the Commission on Teacher Credentialing. (c) The department annually shall do both of the following: (1) Submit a report to the Governor and the Legislature that summarizes the data collected through categorical program monitoring regarding the items described in paragraphs (1) to (9), inclusive, of subdivision (b). (2) Post a summary of the data collected through categorical program monitoring regarding the items described in paragraphs (1) to (9), inclusive, of subdivision (b) on the internet website of the department. (Amended by Stats. 2019, Ch. 497, Sec. 45. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 3. Educational Programs [33350 - 33355] SECTION 33353. Source version: id_3924ea37-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=3. (a) The California Interscholastic Federation is a voluntary organization that consists of school and school-related personnel with responsibility for administering interscholastic athletic activities in secondary schools. It is the intent of the Legislature that the California Interscholastic Federation, in consultation with the department, implement the following policies: (1) Give the governing boards of school districts specific authority to select their athletic league representatives. (2) Require that all league, section, and state meetings affiliated with the California Interscholastic Federation be subject to the notice and hearing requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (3) Establish a neutral final appeals body to hear complaints related to interscholastic athletic policies. (4) Provide information to parents and pupils regarding the state and federal complaint procedures for discrimination complaints arising out of interscholastic athletic activities. (5) Comply with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and in doing so, as a third-party recipient of pupil and school personnel information, be afforded the same public records disclosure exemptions as are afforded to school districts, in order to protect the confidentiality of pupil and school personnel records and information. (b) (1) The California Interscholastic Federation shall report to the appropriate policy committees of the Legislature and the Governor on its evaluation and accountability activities undertaken pursuant to this section on or before January 1, 2023, and on or before January 1 every seven years thereafter. This report shall include, but not be limited to, the goals and objectives of the California Interscholastic Federation with regard to, and the status of, all of the following: (A) The governing structure of the California Interscholastic Federation, and the effectiveness of that governance structure in providing leadership for interscholastic athletics in secondary schools. (B) Methods to facilitate communication with agencies, organizations, and public entities whose functions and interests interface with the California Interscholastic Federation. (C) The quality of coaching and officiating, including, but not limited to, professional development for coaches and athletic administrators, and parent education programs. (D) Gender equity in interscholastic athletics, including, but not limited to, the number of male and female pupils participating in interscholastic athletics in secondary schools, and action taken by the California Interscholastic Federation in order to ensure compliance with Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.). (E) Health and safety of pupils, coaches, officials, and spectators, including, but not limited to, racial discrimination, harassment, or hazing. (F) The economic viability of interscholastic athletics in secondary schools, including, but not limited to, the promotion and marketing of interscholastic athletics. (G) New and continuing programs available to pupil athletes. (H) Awareness and understanding of emerging issues related to interscholastic athletics in secondary schools. (2) It is the intent of the Legislature that the California Interscholastic Federation accomplish all of the following: (A) During years in which the California Interscholastic Federation is not required to submit a report to the Legislature and the Governor pursuant to paragraph (1), it shall hold a public comment period relating to that report at three regularly scheduled federation council meetings per year. (B) Annually allow public comment on the policies and practices of the California Interscholastic Federation at a regularly scheduled federation council meeting. (C) Require sections of the California Interscholastic Federation to allow public comment on the policies and practices of the California Interscholastic Federation and its sections, and the report required pursuant to paragraph (1), at each regularly scheduled section meeting. (D) Engage in a comprehensive outreach effort to promote the public hearings described in subparagraphs (A) and (C). (3) (A) Upon receiving a report from the California Interscholastic Federation pursuant to paragraph (1), the appropriate policy committees of the Legislature shall hold a joint hearing at which the California Interscholastic Federation shall testify and members of the public shall be encouraged to testify on information in the report, including, but not limited to, the information required in paragraph (1). (B) During years in which the California Interscholastic Federation is not required to submit a report to the Legislature and the Governor pursuant to paragraph (1), it shall, at the request of the appropriate policy committees of the Legislature, make itself available for hearings regarding the information in paragraph (1). (c) (1) (A) (i) On or before January 1, 2025, the department shall develop, in consultation with relevant stakeholders, a standardized incident form to track racial discrimination, harassment, or hazing that occurs at high school sporting games or sporting events, and annually report the information from completed incident forms as statewide totals on the department’s internet website. (ii) The information reported by the department pursuant to clause (i) shall be provided on an aggregated basis and in a manner that does not disclose any personally identifying information. (B) The standardized incident form shall include a category for the basis of the complaint and shall include information on how to report a hate incident or hate crime through the Civil Rights Department’s CA vs. Hate Resource Line and Network. (2) (A) On or before April 1, 2025, a local educational agency that participates in the California Interscholastic Federation shall post on their internet website the standardized incident form developed by the department pursuant to paragraph (1) and shall include information on how to submit a completed incident form to the local educational agency. (B) A local educational agency that participates in the California Interscholastic Federation shall, upon request by the department, submit information related to any completed standardized incident forms received by the local educational agency. (C) The department may share completed incident forms it has collected from a local educational agency with the California Interscholastic Federation to assist the California Interscholastic Federation with preparation of the report required pursuant to subdivision (b). (3) A completed incident form is a public record pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and is subject to all applicable exemptions from public disclosure under that act in order to protect the confidentiality of pupil and school personnel records and information. (d) For purposes of this section, the following definitions apply: (1) “Hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. “Hazing” does not include athletic events or school-sanctioned events. (2) “Local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2023, Ch. 366, Sec. 1. (AB 1327) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 3. Educational Programs [33350 - 33355] SECTION 33353.5. Source version: id_d2a75746-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=3. The California Interscholastic Federation shall not transact insurance as defined in Section 35 of the Insurance Code, nor shall the federation endorse any insurance programs. (Amended by Stats. 1991, Ch. 617, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 3. Educational Programs [33350 - 33355] SECTION 33353.7. Source version: id_4e9897c6-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=3. (a) No later than July 1, 2017, the California Interscholastic Federation, in consultation with the department, shall develop guidelines, procedures, and safety standards for the purpose of classifying competition cheer as an interscholastic sport that is consistent with the United States Department of Education’s Office for Civil Rights’ definition of a sport. (b) For purposes of this section, “competition cheer” means a sport in which teams participate in direct, head-to-head competition with one another using an objective scoring system. (c) The California Interscholastic Federation shall seek a United States Department of Education Office for Civil Rights Title IX compliance designation for competition cheer. Competition cheer shall not be counted toward a school’s Title IX compliance unless the United States Department of Education’s Office for Civil Rights deems competition cheer compliant with its definition of a sport. (Amended by Stats. 2016, Ch. 86, Sec. 57. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 3. Educational Programs [33350 - 33355] SECTION 33354. Source version: id_b5437dcc-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=3. (a) The department shall have the following authority over interscholastic athletics: (1) The department may state that the policies of school districts, of associations or consortia of school districts, and of the California Interscholastic Federation, concerning interscholastic athletics, are in compliance with both state and federal law. (2) (A) If the department states that a school district, an association, consortium of school districts, or the California Interscholastic Federation is not in compliance with state or federal law, the department may require the school district, association, consortium, or the federation to adjust its policy so that it is in compliance. However, the department shall not have authority to determine the specific policy that a school district must adopt in order to comply with state and federal law. (B) Notwithstanding any other provision of law, a complainant from a public school who wishes to file a discrimination complaint pursuant to the regulations adopted for the purpose of implementing Section 261 based on interscholastic activities conducted by an association, a consortium of school districts, or by the California Interscholastic Federation, is not required to first file a discrimination complaint with a school district, but may file an initial discrimination complaint directly with the department, and the department shall have the authority to specify, with regard to a specific discrimination complaint, the administrative remedies that an association, a consortium of school districts, or the California Interscholastic Federation must provide in order to comply with state or federal law. (3) If the department states that a school district, association, consortium, or the federation is not in compliance with state or federal law in matters relating to interscholastic activities, and the school district, association, consortium, or the federation does not change its policy in order to comply with these laws, the department may commence with appropriate legal proceedings against the California Interscholastic Federation, the school district or against school districts that are members of the California Interscholastic Federation or the association or consortium that the department states is in noncompliance. In a legal proceeding, the court shall determine the matter de novo. The department may make recommendations for appropriate remedies in these proceedings. (b) This section does not limit the discretion of local governing boards, or voluntary associations formed or maintained pursuant to subdivision (b) of Section 35179, in any policy, program, or activity that is in compliance with state and federal law. (c) The state law with which the policies of school districts, associations, or consortia of school districts, and of the California Interscholastic Federation, concerning interscholastic athletics, are required to comply, in accordance with this section, includes, but is not limited to, any regulations issued by the state board pursuant to Section 221.1 with regard to discrimination in interscholastic athletics. (Amended by Stats. 2007, Ch. 130, Sec. 61. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 3. Educational Programs [33350 - 33355] SECTION 33355. Source version: id_b459399a-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=3. (a) (1) On or before January 1, 2026, the department, in consultation with relevant stakeholders and experts, shall compile, and post on the department’s internet website, standardized guidelines specifying temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions. The standardized guidelines shall consider relevant factors, including, but not limited to, pupil ages, harmful duration of exposure to extreme weather conditions, overall pupil safety, and available mitigation measures. (2) The department, in consultation with relevant stakeholders and experts, may use existing resources or frameworks, or both, about temperature thresholds or index ratings that trigger modifications to pupil physical activities during extreme weather conditions to meet the requirements of paragraph (1), including, but not limited to, the State Department of Public Health’s Health Guidance for Schools on Sports and Strenuous Activities During Extreme Heat, the National Weather Service’s HeatRisk forecast tool, and the guidelines established by the California Interscholastic Federation pursuant to Section 35179.8. (b) (1) On or before July 1, 2026, each local educational agency shall develop, adopt, and implement weather protocols for extreme weather conditions. (2) The weather protocols shall incorporate the standardized guidelines compiled by the department pursuant to subdivision (a) and shall detail the specific measures to be taken during extreme weather conditions, including, but not limited to, all of the following: (A) Clear criteria for determining when weather conditions are considered extreme weather conditions and warrant modification or cessation of outdoor physical activities. (B) Procedures for monitoring weather forecasts and alerts to anticipate extreme weather conditions. (C) Protocols for communicating with staff, pupils, and parents or guardians regarding changes to outdoor activities due to extreme weather conditions. (D) Designation of indoor alternative activities that can be safely conducted during extreme weather conditions. (E) Training for staff members on recognizing signs of weather-related distress in pupils and appropriate response measures. (F) Coordination with relevant local agencies and experts to ensure timely access to weather-related information and resources. (3) The weather protocols shall be annually reviewed, evaluated, and, if necessary, updated to incorporate best practices and address any emerging concerns or challenges, and to reflect changes in weather patterns, advances in safety practices, and feedback from stakeholders. (c) Commencing January 1, 2026, the department shall provide technical assistance to local educational agencies in the implementation of their weather protocols. (d) Interscholastic athletic programs administered by the California Interscholastic Federation, including their associated practices and games, shall comply with the guidelines established pursuant to Section 35179.8. (e) For purposes of this section, the following definitions apply: (1) “Extreme weather conditions” means occurrences of unusually severe weather conditions, including, but not limited to, periods of extreme heat, excessive precipitation, and floods, that may pose significant harm to pupils. (2) “Local educational agency” means a school district, county office of education, or charter school. (3) “Physical activity” means physical education classes, sports, and athletic practices and games sponsored by a local educational agency, except for those relating to an interscholastic athletic program administered by the California Interscholastic Federation. (f) The implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute. (Amended by Stats. 2025, Ch. 67, Sec. 47. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 4. Workshops [33360 - 33363] SECTION 33360. Source version: id_d2a8ddec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=4. The Department of Education and a statewide association composed exclusively of school district governing boards or county boards of education, or both, acting jointly, may conduct annual workshops within this state. Such workshops shall include but are not limited to study and instruction on the subjects of school finance, the Education Code and related laws, and the ethics, duties, and responsibilities of school district governing boards and county boards of education. A reasonable fee not to exceed the estimated pro rata cost of the workshop may be charged board members and members-elect who attend. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 4. Workshops [33360 - 33363] SECTION 33362. Source version: id_d2a8ddee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=4. Any member or member-elect of a school district governing board who attends and successfully completes a workshop as authorized by this article may be reimbursed for expenses as provided for in Section 35173. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 4. Workshops [33360 - 33363] SECTION 33363. Source version: id_d2a8ddf0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=4. Any member or member-elect of a county board of education who attends and successfully completes a workshop as authorized by this article may be reimbursed for expenses as provided for in Section 1096. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 5. Bureau of Indian Education [33370- 33370.] SECTION 33370. Source version: id_a36e9d6b-fcd1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=5. (a) There is hereby created within the department an American Indian Education Unit, which shall provide technical support to, and proper administrative oversight of, American Indian education programs established by the state in order to ensure that American Indian pupils in California public schools are able to meet the challenging academic standards of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) and that those programs reflect the cultural and educational standards stated in Executive Order No. 13336, 69 Federal Register 25295 (May 5, 2004), relating to American Indian and Alaska Native Education. (b) The Superintendent shall appoint an American Indian Education Unit Manager who shall oversee the American Indian Education Unit. (c) The duties of the American Indian Education Unit shall include the development of clear, consistent, and effective operating policies and procedures that include measures to ensure that the learning needs of American Indian pupils are being adequately addressed. (d) The department shall ensure that staff are properly trained in the application of the policies adopted pursuant to subdivision (c) and that the policies are consistent with the legislative intent relating to the California American Indian Education Program and with Section 11019.6 of, subdivisions (d) and (f) of Section 11340 of, and Section 11342.2 of, the Government Code. (e) The department shall prescribe the following: (1) The data that California American Indian education centers shall report on an annual basis in order to measure program performance. (2) On or before January 1, 2011, and again on or before January 1, 2016, the department shall conduct an evaluation of the centers to determine whether to renew the application of each existing center or instead to approve an application to establish a new center. (3) A description of the consequences for failing to submit the data. (f) The department shall adopt policies that include: (1) An equitable process that will be used to select centers that will receive grant awards and determine their respective funding amounts. (2) Establish a prompt timeframe for disbursing approved payments to the centers. (3) A monitoring process and plan to ensure that fiscal and program information reported by the centers is accurate and complete, including a process for corrective action and investigation by the department for noncompliance. The process shall be based upon consistent and equitable principles. (4) The incorporation of culturally responsive methodologies in order to ensure that an optimal educational program for American Indian pupils is supported and maintained. (5) Ensuring respect for the federal trust and sovereign nation status of California American Indian tribes. (g) The Superintendent, with input from existing California American Indian education center directors, shall appoint an American Indian Education Oversight Committee by January 30, 2007, composed of at least seven educators, four of whom shall be California American Indian education center directors. If the Superintendent is unable to find a qualified individual to fill a vacancy in one of the four positions for center directors within 30 days of the vacancy arising, he or she may fill the vacancy with an educator who is not a center director. All members shall possess proven knowledge of current educational policies relating to, and issues faced by, American Indian communities in California. This committee shall provide input and advice to the Superintendent on all aspects of American Indian education programs established by the state. (Amended by Stats. 2018, Ch. 669, Sec. 8. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 6. California Indian Education Centers [33380 - 33384] SECTION 33380. Source version: id_5fa783d2-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=6. The Legislature hereby finds and declares that American Indian children have not performed well in California public schools as evidenced by low academic achievement at all grade levels, high dropout rates, and by the low number of pupils achieving a higher education. It is the intent and purpose of the Legislature to establish community-based programs that promote the educational achievement of American Indian pupils attending public schools throughout the state. The department shall provide proper guidance and effective administrative support to California American Indian education centers that recognize the unique cultural and historical needs of American Indian pupils and support the need to preserve the languages, cultures, and social structures of tribal communities. (Amended by Stats. 2006, Ch. 880, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 6. California Indian Education Centers [33380 - 33384] SECTION 33381. Source version: id_5ff10ff4-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=6. The California American Indian education centers established pursuant to this article shall serve as community-based educational resource centers to American Indian pupils, parents, guardians, and the public schools in order to promote the academic and cultural achievement of the pupils. The centers, based upon established priority needs, may accomplish the following: (a) Improve the academic achievement of American Indian pupils in kindergarten and grades 1 to 12, inclusive. (b) Improve the self-concept and sense of identity of American Indian pupils and adults. (c) Serve as a center for related community activities. (d) Provide individual and group counseling to pupils and adults related to personal adjustment, academic progress, and vocational planning. (e) Create and offer coordinated programs with the public schools. (f) Provide a focus for summer cultural, recreational, and academic experiences. (g) Create and offer adult classes and activities that benefit parents or guardians of pupils in its programs. (h) Provide training programs to develop pathways to college and the workplace for American Indian pupils. (i) Provide American Indian educational resource materials to pupils, their parents, and the schools they attend in order to ensure appropriate tribal histories and cultures are made available. (Amended by Stats. 2006, Ch. 880, Sec. 3. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 6. California Indian Education Centers [33380 - 33384] SECTION 33382. Source version: id_8cae22d2-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=6. The state board, upon the advice and recommendations of the Superintendent, shall approve revised guidelines for the selection and administration of California American Indian education centers. The Superintendent shall request input from the American Indian Education Oversight Committee on amendments and updates to the 1975 guidelines and the committee may provide input to the Superintendent prior to the submission of the guidelines to the state board. (Amended by Stats. 2008, Ch. 179, Sec. 43. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 6. California Indian Education Centers [33380 - 33384] SECTION 33383. Source version: id_20cf8924-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=6. (a) An application for the establishment of a California American Indian education center may be made to the department by any tribal group or incorporated American Indian association, separately or jointly, upon forms provided by the department. Funding for existing centers or a new center shall not exceed funding provided for these purposes in the annual Budget Act or another statute. The department shall evaluate and rank the proposals for funding purposes. (b) An application for funding by a California American Indian education center shall be ranked and approved on the basis of all of the following criteria: (1) The application is designed to achieve measurable objectives for the center. (2) The degree of commitment of the applicant to the purpose of American Indian education as demonstrated by the policies adopted, the allocation of staff, fiscal, and material resources, and the integration of existing resources and services. (3) The extent and degree of collaborative efforts among local community resources, organizations, schools, and tribal communities. (4) The potential impact a center will have on pupils, their families, and other organizations in the region. (5) The number of pupils in kindergarten and grades 1 to 12, inclusive, within the community of the applicant. (6) Existing centers shall have priority based upon the demonstrated impact of each program on pupils, their parents or legal guardians, and the community served. (7) Existing centers created by the department shall receive priority in funding. (8) The application of an existing center shall receive priority for funding over an application for a new center. (c) The funding level for each center shall be based upon a comprehensive community needs assessment, including the applicant’s history of educational support for American Indian pupils, their parents or legal guardians, and the amount of collaboration with local American Indians. (d) Funding for each center shall be distributed by reference to pupil population, pupil academic performance, and the local economic base. (e) To the extent possible, the centers shall be distributed in regions throughout the state in order to reflect the American Indian population base. (f) The approval of an application for the establishment of a California American Indian education center shall be effective for a period of five calendar years. One calendar year before the expiration of the five-year period, the department shall commence an evaluation of the center in order to determine whether to renew the application of the existing center or approve a new application to establish a California American Indian education center. (g) (1) If the application for a center has been approved by the department and the applicant has received written verification of that approval, the department shall distribute 75 percent of the grant award for each year of the grant no later than 45 days after enactment of the annual Budget Act or an additional authorizing statute, whichever is later. (2) The department shall distribute the remaining 25 percent of the grant award for each year of the grant no later than April 1 of the year following the year in which the initial 75 percent is distributed pursuant to paragraph (1). (Amended by Stats. 2007, Ch. 170, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 6. California Indian Education Centers [33380 - 33384] SECTION 33384. Source version: id_551dc078-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=6. (a) (1) Each center shall annually submit a report to the department that includes appropriate data, presented in a format developed jointly with the department, that reflects each center’s progress toward meeting its stated objectives, including pupil academic performance, meeting the continued educational and cultural needs of the community that the center serves, and any other objectives chosen by the center. (2) On or before January 1, 2021, and every five years thereafter, the department shall report all of the following information to the appropriate fiscal and policy committees of the Legislature: (A) Consolidated results for all centers, consistent with federal law regarding the privacy of pupil information. (B) Information required to evaluate the consolidated results. (C) Recommendations for program improvement. (b) The centers shall maintain sound fiscal policies. The department shall provide technical assistance and training to the centers in order to assist the centers to maintain sound fiscal policies. The department may require an annual program audit. However, if the department deems it fiscally unsound for the centers to provide an annual audit, a fiscal review shall suffice. (c) The department shall provide technical assistance and professional development to the directors of the California American Indian education centers throughout the year that shall include timely documented responses and professional guidance meant to improve center programs. (Amended by Stats. 2016, Ch. 490, Sec. 1. (SB 911) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 7. California Indian Education Act [33390 - 33391] SECTION 33390. Source version: id_354ae07a-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=7. This article shall be known, and may be cited as, the California Indian Education Act. (Added by Stats. 2022, Ch. 477, Sec. 1. (AB 1703) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 7. California Indian Education Act [33390 - 33391] SECTION 33391. Source version: id_354ae07c-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=7. (a) The Legislature encourages local educational agencies to form California Indian Education Task Forces with California Indian tribe’s local to their region or tribes historically located in the region. Participants in these meetings are encouraged to discuss issues of mutual concern and to work to do all of the following: (1) Develop a thorough, shared understanding of accurate, high-quality curricular materials about the history, culture, and government of local tribes, and develop curricular materials for use within local educational agencies that include tribal experiences and perspectives and teach about the history, culture, and government of local tribes. (2) Develop a shared understanding of proper or improper instructional material when these materials use depictions of Native Americans. (3) Encourage local educational agencies to adopt curriculum developed by the California Indian Education Task Forces, in order to ensure that all pupils learn about the history, culture, government, and experiences of their Indian peers and neighbors, and to ensure that Indian pupils are more engaged and learn more successfully. (4) Identify the extent and nature of the achievement gap between Indian pupils and other pupils, and identify the strategies necessary to close it. (b) California Indian Education Task Forces shall submit, within one year of formation and annually thereafter, a report of findings to the department, including a finding on the progress of the work described in paragraphs (1) to (4), inclusive, of subdivision (a). (c) The department shall submit, within one year of receiving task force reports pursuant to subdivision (b) and annually thereafter, a report to the Senate Education Committee and the Assembly Committee on Education regarding the progress made in the narrowing of the achievement gap, and the identification and adoption of curriculum regarding tribal history, culture, and government. The report shall include information about any obstacles encountered, and any strategies under development to overcome those obstacles. (d) California Indian Education Task Forces may submit curricular materials developed pursuant to subdivision (a) to the county office of education, or consortium of county offices of education, that has contracted to develop a model curriculum related to Native American studies pursuant to subdivision (a) of Section 51226.9. The county office of education, or consortium of county offices of education, shall consider these submitted materials for inclusion in the model curriculum. (e) For purposes of this article, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 477, Sec. 1. (AB 1703) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 8. Educational Evaluations [33400 - 33407] SECTION 33400. Source version: id_d2abeb44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=8. It is the intention of the Legislature in enacting this article that: (a) Evaluations shall be performed in such a manner as to minimize the resources required of school districts in the collection, analysis, and reporting of evaluation information. In order to achieve this goal, program evaluations shall require only that information which is essential to the State Department of Education for carrying out statutorily mandated functions, and shall be conducted only as necessary for the conduct of those functions. In addition, in evaluations of state-funded programs, the department may use sampling procedures as it determines to be appropriate based on professional standards. (b) Evaluations shall be performed and reported in such a manner as to maximize their utility to decisionmakers in the Legislature. (Amended by Stats. 1988, Ch. 927, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 8. Educational Evaluations [33400 - 33407] SECTION 33403. Source version: id_d2ad71e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=8. The State Department of Education shall perform evaluations of those educational programs as determined to be necessary by the Superintendent of Public Instruction to carry out the purposes of this article or as required by the Legislature. Program evaluations determined to be necessary by the Superintendent of Public Instruction shall be carried out in accordance with Section 33400. (Amended by Stats. 1988, Ch. 927, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 8. Educational Evaluations [33400 - 33407] SECTION 33404. Source version: id_d2ad71e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=8. It is the understanding of the Legislature that the evaluation needs of the educational programs change over a period of time and during the progress of the programs and, therefore, the Legislature may require through supplemental language to the Budget Act: (a) That additional types of information or reporting formats be employed. (b) That the evaluation be altered to reflect current needs. (c) That an evaluation shall be conducted by contracted, independent evaluators. (Amended by Stats. 1988, Ch. 927, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 8. Educational Evaluations [33400 - 33407] SECTION 33406. Source version: id_d2ad71ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=8. The State Department of Education shall conduct special studies as determined to be necessary by the Superintendent of Public Instruction to carry out the purposes of this article or as required by the Legislature. The department shall utilize existing information to the maximum extent feasible in conducting the special studies. The special studies shall address topics determined by the Legislature or the Superintendent of Public Instruction to be of current policy significance. (Amended by Stats. 1988, Ch. 927, Sec. 7.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 8. Educational Evaluations [33400 - 33407] SECTION 33407. Source version: id_d2ad71ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=8. The Superintendent of Public Instruction shall annually, not later than February 15, submit to the State Board of Education and the Legislature a proposal for the initiation or continuance for the succeeding fiscal year of special studies and evaluation activities. (Added by Stats. 1988, Ch. 927, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 9. Audits of Contracting Agencies [33420 - 33421] SECTION 33420. Source version: id_d2ad71f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=9. (a) The Superintendent of Public Instruction, in cooperation with the Department of Finance and the State Auditor, shall, on or before July 1, 1980, provide for a plan for independent audits of state and federal funds allocated to private agencies that are under contract with the State Department of Education for the provision of educational services. For the purpose of this article, “educational services” includes, but is not limited to, child nutrition and child development services. To the maximum extent possible, the plan shall conform to audit procedures pursuant to Section 41020.5. (b) Effective July 1, 1980, the State Department of Education, as a condition to any contract with a private agency for the provision of educational services, shall require a periodic audit of state and federal funds to be conducted by departmental staff auditors or a certified public accountant or public accountant who is licensed by the California Board of Accountancy. For child development services, the audit shall include all funds deposited in the child development fund. For all other educational services, the audit shall be limited to those state and federal funds accruing to the private agency as a result of its contract with the State Department of Education. (c) If in the course of those audits of a private agency, an audit exception is reported by the certified public accounting firm in excess of a material amount as determined by the Superintendent of Public Instruction, the Superintendent of Public Instruction shall, upon final determination by the superintendent of the amount of the audit exception, collect that audit exception and redistribute the amount collected to the same class of program, or withhold the amount of the audit exception from the next payment to the agency in which the audit exception was discovered. (d) The State Department of Education shall establish a schedule for audits that meets federal regulations. (e) The State Department of Education may exempt from the provisions of this section those agencies for which, in the department’s estimation, the cost of an audit would be inordinate in relation to the level of funding received by the private agency for the educational services provided. (Amended by Stats. 2000, Ch. 1055, Sec. 12. Effective September 30, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 9. Audits of Contracting Agencies [33420 - 33421] SECTION 33421. Source version: id_d2aef892-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=9. Every private agency which receives state funds which may be audited pursuant to Section 33420 shall, at the request of the Superintendent of Public Instruction, make all records pertaining to its state-funded programs available to the Department of Education during regular business hours. The records shall be retained by each private agency for at least five years except for Child Nutrition Program records. Child Nutrition Program records shall be retained in accordance with regulations adopted by the United States Department of Agriculture relating to the retention of those records. However, in cases where an audit has been requested by a state agency or the United States Department of Agriculture which remains unresolved, the records shall be retained until the date the audit is resolved. (Amended by Stats. 1989, Ch. 194, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 9.5. California Youth Leadership Project [33425 - 33428] SECTION 33425. Source version: id_480f0f60-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=9.5. (a) The California Youth Leadership Project is hereby established under the department for the purpose of promoting youth civic engagement through meaningful opportunities to improve the quality of life for California’s disconnected and disadvantaged youth. (b) The California Youth Leadership Project shall support and promote youth civic engagement by awarding scholarships to youth between 14 and 18 years of age. Furthermore, youths awarded scholarships by the California Youth Leadership Project shall be given the opportunity to make meaningful recommendations regarding legislation and policies that impact their own lives and the lives of the thousands of other youth in California whose voices often go unheard. An organization that operates civic engagement programs may submit applications for participation in the project on behalf of interested youth. (c) The California Youth Leadership Project shall allocate scholarship award funds to organizations that submit applications on behalf of youth who are selected to receive scholarship awards under this article. These organizations shall do, without limitation, all of the following for the youth who receive scholarship awards under this article: (1) Provide youth participants tools to examine and discuss policy and fiscal issues affecting the interests, needs, and conditions of the youth of California. (2) Provide youth participants the opportunity to formally advise and make recommendations to the Legislature and the Governor on specific issues affecting youth. These issues may include, but need not be limited to, all of the following: (A) Education. (B) Employment. (C) Access to state and local governmental services. (D) The environment. (E) Behavioral and physical health. (F) Safety. (G) Technology. (H) Criminal justice. (I) Homelessness. (J) Foster care. (K) Child welfare. (L) Emancipation. (M) Financial literacy. (N) Substance abuse. (O) Driver’s license requirements. (P) Poverty. (Q) Increased youth participation in state and local government. (R) Issues affecting youth with disabilities. (S) Any other policy or fiscal issues deemed appropriate by the department. (3) Provide youth participants the opportunity to consult with any existing local level youth advisory commissions and community-based, grassroots youth-led organizations for input and potential solutions on issues related to youth. (4) Provide youth participants the opportunity to convene and conduct meetings to fulfill the purposes of this chapter. (5) Provide youth participants the opportunity to act as an information center on California youth policy and fiscal issues, including, but not limited to, the issues listed in paragraph (2). (6) When available, enable individual youth to travel to the State Capitol to learn the legislative process and, on occasion, to testify at legislative hearings. (d) An organization that receives a scholarship award on behalf of youth under this article shall use these funds only for youth-related activities described in subdivision (c). (e) For purposes of this article, disconnected and disadvantaged youth described in subdivision (a) include, but are not limited to, youth who are homeless between 18 and 24 years of age, youth with disabilities, youth who are from minority racial or ethnic groups, youth who are in or have been emancipated from foster care, youth who have been in or are on parole from the juvenile justice system, youth who are from low-income households, youth who are high school dropouts or are at risk of dropping out of school, youth who are pregnant or are young mothers, and other youth who could benefit from participation in the California Youth Leadership Project. (Added by Stats. 2012, Ch. 379, Sec. 2. (SB 803) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 9.5. California Youth Leadership Project [33425 - 33428] SECTION 33426. Source version: id_4ef9a285-0c93-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=9.5. (a) The California Youth Leadership Project shall be overseen by the California Youth Leadership Project Committee. (b) The California Youth Leadership Project Committee shall be established and oversee the California Youth Leadership Project and distribute funds pursuant to Article 4.5 (commencing with Section 18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code and this article. (c) Members of the California Youth Leadership Project Committee, in making youth scholarship awards, shall take into consideration that awarded youth represent the racial, ethnic, socioeconomic, cultural, physical, and educational diversity of California. Priority for awarding scholarships under this article shall be given to at-promise or disadvantaged youth between 14 and 18 years of age, as their participation in the California Youth Leadership Project will provide keen insight into many of the issues that youth face in their day-to-day lives. (d) (1) The California Youth Leadership Project Committee shall be chaired by the Superintendent, or their designee, and shall include no more than six members. (2) The Superintendent shall appoint the following four members to the California Youth Leadership Project Committee: (A) A representative from a statewide nonprofit youth organization. (B) A representative from a community-based nonprofit organization that serves youth or deals with youth-related issues, including, but not limited to, the issues described in paragraph (2) of subdivision (c) of Section 33425. (C) A representative of a local educational agency or school district. (D) A youth between 14 and 18 years of age who has participated in a youth leadership program involving lobbying the Legislature on issue areas affecting youth. This person shall serve only in an advisory capacity. (3) The California Health and Human Services Agency may also, but is not required to, appoint a member to the California Youth Leadership Project Committee. (4) To the extent possible, a member of the California Youth Leadership Project Committee, appointed under any of subparagraphs (A) to (C), inclusive, of paragraph (2) shall have experience and be trained to work with youth between 14 and 18 years of age on any of the issues described in paragraph (2) of subdivision (c) of Section 33425, and shall have special experience in civic engagement, advocacy, and at least one of the following issue areas affecting youth: (A) Crisis prevention or intervention. (B) Drug, alcohol, and tobacco abuse prevention or intervention. (C) Foster care. (D) Juvenile justice. (E) Homelessness. (F) Lesbian, gay, bisexual, and transgender rights and social justice. (G) Mental health. (H) Youth with disabilities. (e) The members of the California Youth Leadership Project Committee shall serve on a voluntary basis and shall not receive a salary. (Amended by Stats. 2019, Ch. 800, Sec. 7. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 9.5. California Youth Leadership Project [33425 - 33428] SECTION 33427. Source version: id_480f8494-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=9.5. Duties of the California Youth Leadership Project Committee shall include, but not be limited to, all of the following: (a) Develop and provide applications for the California Youth Leadership Project scholarship and collect applications from youth who would like to apply. (b) Determine ways to promote the program and make applications available. (c) Establish criteria for the selection of youth, and make awards based on those criteria and the purposes of this chapter. (d) Ensure that there is no discrimination based on race, religious creed, color, national origin, age, gender, marital status, disability, sex, or sexual orientation. (e) Establish the time, location, and number of annual meetings of the committee. The committee shall meet no less than once each year. (f) If necessary, enter into a mutually agreed upon interagency agreement with the department to carry out administrative duties related to the project. (g) Submit an annual budget and report to the department. (h) (1) Determine when there are sufficient funds to support the project. If the committee determines that there are insufficient funds to cover all costs, the activities of the California Youth Leadership Project shall cease. (2) State funds shall not be used to support the California Youth Leadership Project except as provided in Article 4.5 (commencing with Section 18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code. (Added by Stats. 2012, Ch. 379, Sec. 2. (SB 803) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 3. State Department of Education [33300 - 33479.9] ARTICLE 9.5. California Youth Leadership Project [33425 - 33428] SECTION 33428. Source version: id_480f8496-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=3.&article=9.5. (a) The funds for the California Youth Leadership Project shall be allocated from the California Youth Leadership Fund pursuant to Article 4.5 (commencing with Section 18736) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code, or from private funds directed to the department and allocated to the California Youth Leadership Project Committee for the purpose of funding activities of the California Youth Leadership Project. (b) The California Youth Leadership Project may accept gifts and grants from any source, public or private, to help perform its functions, pursuant to this article. (c) The California Youth Leadership Project Committee shall have the authority to define its program and utilize its funds in any way necessary to carry out the duties of this article, including, but not limited to, partnering with nonprofit groups or state agencies to perform various duties required by this article, as long as the program or activity is not in violation of a state law or regulation. (Added by Stats. 2012, Ch. 379, Sec. 2. (SB 803) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 1. General Provisions [33500 - 33501] SECTION 33500. Source version: id_d2b204e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=1. The Legislature hereby declares that there is further need to encourage the adoption of new or improved educational ideas, practices, and techniques in solving critical educational problems in preschool, elementary, and secondary schools throughout the state. In recognition of the need for the planning and developing of new programs involving a wide range of new approaches designed to improve the quality of education available in this state, this chapter is expressly enacted to foster innovation and create change in education, based on research and proven need. It is the purpose of this chapter to bring purposeful change and experimentation to schools throughout the state, through the use of all available resources of the state. The Legislature further finds that there are in existence a large number of permanent commissions, committees, and councils, some of which have overlapping duties and functions, and some of which have been perpetuated beyond the original need or purpose for which created. In order to provide a more economical, efficient, and logical structure to educational policymaking, it is the intent of the Legislature to create three levels of educational advisory bodies: educational policy advisory commissions, educational advisory committees, and educational task forces. (Amended by Stats. 1982, Ch. 466, Sec. 24.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 1. General Provisions [33500 - 33501] SECTION 33501. Source version: id_d52a0e9f-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=1. The following definitions apply to educational advisory bodies created by this chapter: (a) An “educational policy advisory commission” is an advisory body to the state board composed of professional and lay members, as defined by this code. These groups are established to advise the state board within the general policy areas to which they are charged. The Superintendent or the Superintendent’s representative shall serve as executive secretary to each educational policy advisory commission. (b) An “educational advisory committee” is an advisory body to the Superintendent composed of any combination of educational specialists, technical experts, or specially qualified members of the public that is established to advise the Superintendent on the administration of programs with which the Superintendent is charged, and serves at the Superintendent’s pleasure. (Amended by Stats. 2021, Ch. 666, Sec. 22. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33502. Source version: id_d2b38b8a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. There is in the state government the Educational Innovation and Planning Commission consisting of a Member of the Assembly appointed by the Speaker of the Assembly, a Member of the Senate appointed by the Senate Committee on Rules, one public member appointed by the Speaker of the Assembly, one public member appointed by the Senate Committee on Rules, one public member appointed by the Governor, and 15 public members appointed by the State Board of Education upon the recommendation of the Superintendent of Public Instruction or the members of the State Board of Education. The 15 public members appointed by the State Board of Education shall be broadly representative of the cultural and educational resources of the state and the public, including at least one individual from each of the following categories: (a) Classroom teachers at the elementary level. (b) Classroom teachers at the secondary level. (c) Principals, superintendents, and other professional employees of local educational agencies and private schools. (d) Teachers from institutions of higher education. (e) School librarians, personnel involved in operating media programs in local schools, and guidance counselors. (f) Individuals from fields of professional competence in dealing with children needing special education because of physical or mental handicaps, specific learning disabilities, severe educational disadvantages, and limited English proficiency or because they are gifted or talented, and individuals from fields of professional competence in guidance and counseling. (g) Parents, senior class high school students, and other interested members of the public. (h) Leaders from private industry. The State Board of Education upon recommendation from the Superintendent of Public Instruction may add to the 15 public members of the commission as required to fully conform to federal legislation and regulations. (Amended by Stats. 1980, Ch. 1354, Sec. 10. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33503. Source version: id_d2b38b8c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The Members of the Legislature appointed to the commission pursuant to Section 33502 shall have the powers and duties of a joint legislative committee on the subject of educational innovation and planning and shall meet with, and participate in, the work of the commission to the extent that such participation is not incompatible with their positions as Members of the Legislature. The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33504. Source version: id_d2b38b8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The Superintendent of Public Instruction or his representative shall serve as executive secretary to the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33505. Source version: id_d2b38b90-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The commission, in carrying out its powers and duties, shall utilize the staff of the Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33506. Source version: id_d2b38b92-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The members of the commission shall serve without compensation, except that they shall receive their actual and necessary expenses incurred in the performance of their duties and responsibilities, including traveling expenses. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33507. Source version: id_d2b38b94-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The commission shall select one of its members to be chairman of the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33508. Source version: id_d2b51236-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. Commission members shall serve for four-year terms and shall be eligible to serve more than one full term, except in the case of student representatives who shall serve a one-year term. (Amended by Stats. 1980, Ch. 1354, Sec. 11. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33509. Source version: id_d2b51238-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. As used in this article: (a) “Commission” means the Educational Innovation and Planning Commission. (b) “Title IV” means Title IV, Parts A, B, C, and D of the Educational Amendments of 1978 (Public Law 95-561) as amended. (c) “State plan” means the plan for the use of Title IV funds as approved by the State Board of Education. (d) “Secondary schools,” notwithstanding Section 52, shall not include community colleges. (e) “Local educational agency” means the governing body of any school district, county office of education, or state special school. (Amended by Stats. 1980, Ch. 1354, Sec. 12. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33510. Source version: id_d2b5123a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. For purposes of this article, the commission shall have the powers, duties, and responsibilities of a state advisory council prescribed in Title IV. (Amended by Stats. 1980, Ch. 1354, Sec. 13. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33511. Source version: id_d2b5123c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The commission may do all of the following: (a) Advise the state educational agency on the preparation of, and policy matters arising in the administration of, the state plan, including the development of criteria for the distribution of funds and the approval of applications for assistance under Title IV. (b) Assist the State Board of Education and the Department of Education in the planning, development, and improvement of educational programs. (c) Evaluate all programs and projects assisted under Title IV. (Amended by Stats. 1994, Ch. 840, Sec. 6. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33512. Source version: id_d2b5123e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. All projects recommended by the commission shall be submitted to the State Board of Education for its approval. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33513. Source version: id_d2b51240-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The State Board of Education shall allocate funds under Title IV, Part C, to provide to the extent feasible a geographical spread of experimental projects in the state. All such grants for a particular project shall be limited to a five-year period. (Amended by Stats. 1980, Ch. 1354, Sec. 15. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33514. Source version: id_d2b51242-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The State Board of Education shall annually allocate, insofar as practicable, 15 percent of the total amount of federal funds received by the State of California pursuant to Title IV, Part C for special education projects. (Amended by Stats. 1980, Ch. 1354, Sec. 16. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33516. Source version: id_d2b698e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. In order to be deemed an approved project and be eligible to receive an allocation from the State Board of Education, an experimental, demonstration, or operational project shall meet the following criteria: (a) The proposed activities are not activities presently being performed by other state and federal programs. (b) The proposed activities supplement, but do not supplant, other state or federal programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33518. Source version: id_d2b698e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The State Board of Education may reserve a sum of money, to be recommended by the commission and approved by the State Board of Education, to support demonstration and experimental projects designed to develop new methods of allocating personnel, equipment, and facilities to solve educational problems associated with educational management. Such projects may include, but need not be limited to, the development of new and potentially more economical staffing, arrangements for administration and for classroom instruction, a modification of class size in schools, the utilization of classroom aides, flexible class scheduling, and the use of instructional television and audiovisual equipment so as to more effectively utilize local resources. Also included may be projects for educational problems associated with general curriculum development, community relations, urbanization, and work-study programs. The standards for such demonstrational and experimental projects shall be recommended by the commission and approved by the State Board of Education, based upon the best interests of the students involved, except that a project shall be approved only if it can be shown that, if successful, the cost effectiveness of the project will be such so as to be adaptable within the budgets of other similar school districts throughout the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 2. Educational Innovation and Planning Commission [33502 - 33522] SECTION 33522. Source version: id_d2b698e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=2. The State Board of Education shall reserve not more than 15 percent of the state’s federal allocation under Title IV, Part C, for grants to the local educational agencies which have operated exemplary projects during the preceding year. Such funds shall be used by such local educational agencies to expand the projects locally and for diffusion of such successful projects statewide. A local education agency whose project is selected for diffusion is hereby designated as agent for all local education agencies in California for purposes of ESEA Title IV, Part C, diffusion. (Amended by Stats. 1980, Ch. 1354, Sec. 21. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33530. Source version: id_c084d253-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) There is in the state government the Instructional Quality Commission consisting of a Member of the Assembly appointed by the Speaker of the Assembly, a Member of the Senate appointed by the Senate Committee on Rules, one public member appointed by the Speaker of the Assembly, one public member appointed by the Senate Committee on Rules, one public member appointed by the Governor, and 13 public members appointed by the state board upon the recommendation of the Superintendent or the members of the state board. (b) So far as is practical and consistent with the duties assigned to the commission by the state board, at least seven of the 13 public members appointed by the state board shall be persons who, because they have taught, written, or lectured on the subject matter fields specified in Section 33533, in the course of public or private employment, have become recognized authorities or experienced practitioners in those fields. The state board shall make its appointments to ensure that, at any one time, at least seven of the public members shall be current classroom teachers, or mentor teachers, or both assigned to teach kindergarten or any of grades 1 to 12, inclusive. (c) Notwithstanding the requirement that seven of the public members shall be current classroom teachers or mentor teachers, current members of the commission who were appointed on or before December 31, 1989, shall be allowed to complete their terms. (d) (1) It is the intent of the Legislature to encourage the state board to consider appointing a pupil to the commission, using the current appointment process. (2) Notwithstanding Section 1020 of the Government Code, if the state board elects to appoint a pupil to the commission, the pupil shall meet both of the following criteria: (A) The pupil has been enrolled in a California high school for a minimum of two consecutive years. (B) The pupil is in good standing. (e) In making the remaining appointments to the commission, and in establishing the commission’s advisory task forces or committees, the state board is encouraged to consider the role of other representatives of the educational community in the development of curriculum and instructional materials, including, but not limited to, administrators, governing school board members, pupils, and parents who are reflective of the various ethnic groups and types of school districts in California. (Amended by Stats. 2015, Ch. 441, Sec. 1. (AB 1204) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33531. Source version: id_d2b81f8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. The Members of the Legislature appointed to the commission pursuant to Section 33530 shall have the powers and duties of a joint legislative committee on the subject of curriculum development and supplemental materials and shall meet with, and participate in, the work of the commission to the extent that such participation is not incompatible with their positions as Members of the Legislature. The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33532. Source version: id_c53513f5-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) (1) Except as provided in paragraph (2), each commission member shall serve for a four-year term and shall not be eligible to serve more than one full term. Prior service on the commission for a term of less than three years resulting from an initial appointment or an appointment for the remainder of an unexpired term shall not be counted as a full term. (2) A pupil member of the commission shall serve for a one-year term and shall not be eligible to serve more than one full term. The pupil member shall be a voting member with the full rights and duties of the other members of the commission. (b) With respect to the appointment of 13 public members by the state board to the first commission, four shall be appointed for terms of two years, four shall be appointed for terms of three years, and five shall be appointed for a term of four years. (Amended by Stats. 2015, Ch. 441, Sec. 2. (AB 1204) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33533. Source version: id_d7e53f9d-fcd1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. The Superintendent and the state board shall consider for membership on the commission persons representing subjects commonly taught in public schools, including: (a) English. (b) Social sciences. (c) World languages. (d) Science. (e) Mathematics. (f) Visual and performing arts. (g) Applied arts. (h) Conservation education. (Amended by Stats. 2018, Ch. 865, Sec. 6. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33534. Source version: id_d2b81f94-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. The Superintendent of Public Instruction or his representative shall serve as executive secretary to the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33535. Source version: id_d2b9a636-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. The members of the commission shall serve without compensation, except that they shall receive their actual and necessary travel expenses in attending meetings of the commission and in attending meetings of any committee or subcommittee of the commission of which they are members. Expenses of the commission shall be paid out of appropriations made to the Superintendent of Public Instruction or the Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33536. Source version: id_d2b9a638-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. The commission shall select one of its members to be chairman of the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33537. Source version: id_d2b9a63a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. Whenever an employee of any public school district, state college, or other public agency is appointed to membership on the commission, his employer shall grant him sufficient time away from his regular duties, without loss of income or other benefits to which he is entitled by reason of his employment, to attend meetings of the commission and to attend to the duties imposed upon him by reason of his membership on the commission. The employer of any such member may make available such stenographic, secretarial, and staff assistance as is reasonably necessary to enable him to execute the duties imposed upon him by reason of his membership on the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33538. Source version: id_d2b9a63c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. The commission shall study problems of courses of study in the schools of the state and shall, upon request of the State Board of Education, recommend to the State Board of Education the adoption of minimum standards for courses of study in preschool, kindergarten, elementary, and secondary schools. Courses of study in the public schools shall conform to such minimum standards when adopted. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33539. Source version: id_bc92aeed-3180-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. As used in this article, “commission” means the Instructional Quality Commission. (Amended by Stats. 2011, Ch. 608, Sec. 4. (AB 250) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33540. Source version: id_c0c81714-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) The state board and the department shall request that the commission review and revise, as necessary, the course requirements in the history-social science framework developed by the History-Social Science Curriculum Framework and Criteria Committee of the state board to ensure that minimum standards for courses in American government and civics include sufficient attention to teaching pupils how to interact, in a practical manner, with state and local governmental agencies and representatives to solve problems and to petition for changes in laws and procedures, and that the course requirements in the history-social science framework are also included in all history and social science courses and all grade levels, as appropriate. (b) Whenever the history-social science framework is revised as required by law, the commission shall do, as appropriate and based on the subject matter of the course, all of the following: (1) Receive input from civics learning experts, including civics education program providers, associations of civics educators, and organizations dedicated to research on civics learning, for purposes of integrating civics learning content, concepts, and skills, at all appropriate grade levels, with the standards established by the state board in core curriculum areas, as specified in Section 60605, as that section read on June 30, 2011, and Section 60605.8. (2) Consider how civics and history instruction, at all appropriate grade levels, includes, in addition to the acquisition of content knowledge, the application of that content to develop the competence and skills needed for civic engagement. (3) Ensure that voter education information is included in the American government and civics curriculum at the high school level, including, but not limited to, information on the importance of registering to vote in local, state, and federal elections, how to register to vote, both online and by mail, what the requirements are to register to vote, how to request an absentee ballot, how to fill out and return an absentee ballot, what to expect on election day, how to find a polling place, and where and how to access and understand the voter information pamphlet and other materials to become an informed voter. (4) Ensure the following historical documents are incorporated into the framework: (A) The Declaration of Independence. (B) The United States Constitution, including the Bill of Rights. (C) The Federalist Papers. (D) The Emancipation Proclamation. (E) The Gettysburg Address. (F) George Washington’s Farewell Address. (5) Consider incorporating the following historical documents into the framework: (A) The Magna Carta. (B) The Articles of Confederation. (C) The California Constitution. (6) Encourage instruction that promotes an understanding of the governments of California and the United States of America, including, but not limited to, the development of democracy and the history of the development of the United States Constitution. (c) It is the intent of the Legislature, for purposes of the history-social science framework that is revised any time after January 1, 2015, that the commission consider whether and how to incorporate the College, Career, and Civic Life (C3) Framework for Social Studies State Standards into that framework. (d) It is the intent of the Legislature, for purposes of only the history-social science framework that is revised after January 1, 2015, that the requirements imposed pursuant to paragraphs (1) to (3), inclusive, of subdivision (b) may be satisfied under the framework adoption procedures currently being used by the department as of January 1, 2015. (e) When the history-social science content standards are next revised after January 1, 2015, the state board shall consider incorporating the College, Career, and Civic Life (C3) Framework for Social Studies State Standards into the history-social science content standards. (Amended by Stats. 2014, Ch. 480, Sec. 1.5. (SB 897) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33540.2. Source version: id_3cd43699-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) The department shall, no later than March 1, 2022, in collaboration with, and subject to the approval of, the executive director of the state board, use the funding appropriated pursuant to Section 156 of Chapter 44 of the Statutes of 2021 to enter into a contract with a county office of education or a consortium of county offices of education for the purposes of developing a model curriculum related to the Vietnamese American refugee experience by September 1, 2024. The model curriculum shall be housed on the platform developed and maintained by the California History-Social Science Project. The designated county office of education or consortium of county offices of education shall work with the California History-Social Science Project and Teaching California to ensure that the curriculum is accessible and compatible with the platform. (b) The county office of education or consortium of county offices of education shall ensure the inclusion of authentic voices and perspectives in the development of the model curriculum and shall provide multiple opportunities for authentic stakeholder engagement across the state, which shall include, but not be limited to, town halls or other input sessions and surveys. The county office of education or consortium of county offices of education shall consult with, but is not limited to consulting with, Vietnamese American cultural centers and community groups located in California, survivors, rescuers, and liberators of the Vietnam War, Vietnamese American refugees, representatives of local educational agencies, members of the commission, and teachers, including teachers who have relevant experience or educational backgrounds in the study and teaching of Vietnamese American history. (c) (1) The model curriculum shall include the incorporation of writings and other media that represent all perspectives of the Vietnamese refugee experience, including oral testimony by survivors, rescuers, and liberators of the Vietnam War, including Vietnamese American refugees, Vietnamese boat people, and members of the Republic of Vietnam Armed Forces, to ensure quality standards and materials for this area of study. (2) For purposes of this subdivision, “oral testimony” means the firsthand accounts of significant historical events presented in a format that includes, but is not limited to, in-person testimony, video, or a multimedia option, such as a DVD or an online video. (d) The model curriculum shall be open source and accessible to educators across the state and shall include curriculum and online instructional modules appropriate for use with pupils in kindergarten and any of grades 1 to 12, inclusive. (e) The model curriculum shall be written as a guide to allow school districts, charter schools, and county offices of education to adapt their related courses to best meet the educational needs of their communities. The model curriculum developed for use in high schools shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses. (f) The county office of education or consortium of county offices of education may subcontract with a nonprofit organization or institution of higher education in the development of the model curriculum pursuant to this section. (g) The county office of education or consortium of county offices of education shall submit a report annually, until the completion of the model curriculum, on its progress in the development of the model curriculum, to the appropriate fiscal and policy committees of the Legislature and to the state board. (h) Beginning in the school year following the completion of the model curriculum pursuant to subdivision (a), each school district, charter school, or county office of education maintaining kindergarten or any of grades 1 to 12, inclusive, that does not otherwise offer standards-based curriculum relative to the Vietnamese American refugee experience, Vietnamese boat people, and the Republic of Vietnam Armed Forces, is encouraged to offer to pupils a course of study relative to the Vietnamese American refugee experience. A school district, charter school, or county office of education that serves pupils in any of grades 7 to 12, inclusive, that elects to offer a course of study in the Vietnamese American refugee experience pursuant to this subdivision, shall offer the course as an elective in the social sciences or world history and shall make the course available in at least one year during a pupil’s enrollment in grades 7 to 12, inclusive. (i) It is the intent of the Legislature that local educational agencies that maintain high schools submit course outlines for studies relative to the Vietnamese American refugee experience for approval as A–G courses. (j) For purposes of this section, “model curriculum” means lesson plans, primary source documents, planning resources, teaching strategies, and professional development activities to assist teachers in teaching about the Vietnamese American refugee experience, the Fall of Saigon in 1975, discussion of the Vietnamese boat people and members of the Republic of Vietnam Armed Forces, the reasons behind the exodus, the hardships faced by the Vietnamese people attempting to flee who were apprehended by the communist government, and the conditions that led to the resettlement of Vietnamese people in the United States and covers the period from the Vietnam War and the Fall of Saigon in 1975 to the year 2000, which captures the experience of postwar Vietnamese immigrants in the United States. (Amended by Stats. 2023, Ch. 711, Sec. 1. (SB 369) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33540.4. Source version: id_3f3f432b-8891-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) The department shall, no later than April 1, 2022, in collaboration with, and subject to the approval of, the executive director of the state board, use the funding appropriated pursuant to Section 156 of Chapter 44 of the Statutes of 2021 to enter into a contract with a county office of education or a consortium of county offices of education for the purposes of developing a model curriculum related to Cambodian American history and heritage by September 1, 2024. The model curriculum shall be housed on the platform developed and maintained by the California History-Social Science Project. The designated county office of education or consortium of county offices of education shall work with the California History-Social Science Project and Teaching California to ensure that the curriculum is accessible and compatible with the platform. (b) The county office of education or consortium of county offices of education shall ensure the inclusion of a myriad of voices and perspectives in the development of the model curriculum and shall provide opportunities for stakeholders’ active engagement and participation across the state, which shall include, but not be limited to, town halls, community forums, and other forms of input. The county office of education or consortium of county offices of education shall consult with, but is not limited to consulting with, Cambodian Americans that span generations and have diverse social backgrounds, including educators, scholars, students, and artistic, creative, cultural, and religious groups. (c) The model curriculum shall include the incorporation of tangible and intangible expressions, including, but not limited to, writings, media, other artistic, cultural, and historical artifacts, multigenerational storytelling, and oral history that represent Cambodian American history and heritage to ensure quality standards and materials for this area of study. (d) The model curriculum shall be open source and accessible to educators across the state and shall include curriculum and online instructional modules appropriate for use with pupils in kindergarten and any of grades 1 to 12, inclusive. (e) The model curriculum shall be written as a guide to allow school districts, charter schools, and county offices of education to adapt their related courses to accommodate the educational needs of their communities. The model curriculum developed for use in high schools shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses. (f) The county office of education or consortium of county offices of education may subcontract with nonprofit organizations or institutions of higher education in the development of the model curriculum pursuant to this section. (g) The county office of education or consortium of county offices of education shall submit a report annually, until the completion of the model curriculum, on its progress in the development of the model curriculum, to the appropriate fiscal and policy committees of the Legislature and to the state board. (h) Beginning in the school year following the completion of the model curriculum pursuant to subdivision (a), each school district, charter school, or county office of education maintaining kindergarten or any of grades 1 to 12, inclusive, that does not otherwise offer standards-based curriculum relative to Cambodian American history and heritage is encouraged to offer to pupils a course of study relative to Cambodian American history and heritage based on the model curriculum. A school district, charter school, or county office of education that serves pupils in any of grades 7 to 12, inclusive, that elects to offer a course of study in Cambodian American history and heritage pursuant to this subdivision, shall offer the course as an elective in the social sciences or world history and shall make the course available in at least one year during a pupil’s enrollment in grades 7 to 12, inclusive. (i) It is the intent of the Legislature that local educational agencies that maintain high schools submit course outlines for studies relative to Cambodian American history and heritage for approval as A–G courses. (j) For purposes of this section, “model curriculum” means lesson plans, primary source documents, planning resources, teaching strategies, and professional development activities to assist teachers in teaching about Cambodian American history and heritage. (Amended by Stats. 2023, Ch. 711, Sec. 2. (SB 369) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33540.6. Source version: id_36c16466-1fdd-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) The department shall, no later than May 1, 2022, in collaboration with, and subject to the approval of, the executive director of the state board, use the funding appropriated pursuant to Section 156 of Chapter 44 of the Statutes of 2021 to enter into a contract with a county office of education or a consortium of county offices of education for the purposes of developing a model curriculum related to Hmong history and cultural studies by September 1, 2024. The model curriculum shall be housed on the platform developed and maintained by the California History-Social Science Project. The designated county office of education or consortium of county offices of education shall work with the California History-Social Science Project and Teaching California to ensure that the curriculum is accessible and compatible with the platform. (b) The county office of education or consortium of county offices of education shall ensure the inclusion of authentic voices and perspectives in the development of the model curriculum and shall provide multiple opportunities for authentic stakeholder engagement across the state, which shall include, but not be limited to, town halls or other input sessions and surveys. The county office of education or consortium of county offices of education shall consult with representatives of Hmong advocacy, community, social, and cultural organizations; faculty of Hmong studies programs at universities and colleges; members of the commission; representatives of local educational agencies; and teachers, including teachers of kindergarten or grades 1 to 12, inclusive, who have relevant experiences or educational backgrounds in the study and teaching of Hmong studies. The model curriculum shall identify the ways in which the model curriculum aligns with, and is supportive of, the common core academic content standards and of the goals of the curriculum framework in history-social science adopted by the state board in 2016. (c) The model curriculum shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses. (d) The model curriculum shall address, but shall not necessarily be limited to, all of the following: (1) The history of the Hmong people who lived in Laos, Thailand, Vietnam, and China. (2) The history of the Hmong migration to the United States and California, as well as other parts of the world. (3) Cultural beliefs, practices, and traditions of the Hmong people, including, among other things, Hmong New Year celebrations, marriages, newborns, and funerals. (4) Contributions of the Hmong people to California and the United States. (5) The contributions and sacrifices of the Lao-Hmong and other Southeast Asians who served in the “Secret Army” in Laos, which was funded by the United States Central Intelligence Agency. (e) The model curriculum shall be written as a guide to allow school districts, charter schools, and county offices of education to adapt their related courses to best meet the educational needs of their communities. The model curriculum developed for use in high schools shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses. (f) The county office of education or consortium of county offices of education may subcontract with a nonprofit organization or institution of higher education in the development of the model curriculum pursuant to this section. (g) The county office of consortium or county offices of education shall submit a report annually, until the completion of the model curriculum, on its progress in the development of the model curriculum, to the appropriate fiscal and policy committees of the Legislature and to the state board. (h) Beginning in the school year following the completion of the model curriculum, local educational agencies are encouraged to use the model curriculum to provide instruction in kindergarten and grades 1 to 12, inclusive. (i) Beginning in the school year following the completion of the model curriculum, each local educational agency maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based Hmong studies curriculum is encouraged to offer to all otherwise qualified pupils a course of study in Hmong studies based on the model curriculum. (j) It is the intent of the Legislature that local educational agencies submit course outlines for Hmong studies for approval as A–G courses. (k) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “Model curriculum” means lesson plans, primary source documents, planning resources, teaching strategies, and professional development activities to assist teachers in teaching about Hmong history pursuant to subdivision (d) and shall be open source and accessible to educators across the state and shall include curriculum and online instructional modules appropriate for use in elementary schools, middle schools, and high schools. (Amended by Stats. 2021, Ch. 252, Sec. 6. (AB 167) Effective September 23, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33541. Source version: id_d2bb2ce2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) The State Board of Education and the department shall revise, as necessary, the framework in science to include the necessary elements to teach environmental education, including, but not limited to, all of the following topics: (1) Integrated waste management. (2) Energy conservation. (3) Water conservation and pollution prevention. (4) Air resources. (5) Integrated pest management. (6) Toxic materials. (7) Wildlife conservation and forestry. (b) The Office of Education and the Environment of the California Integrated Waste Management Board, established pursuant to Part 4 (commencing with Section 71300) of Division 34 of the Public Resources Code, shall provide the State Board of Education and the department with available environmental information and materials to aid in implementing subdivision (a). (c) Any recommended revisions in reference to the course requirements in science shall not be implemented until the commencement of the appropriate curriculum framework adoption cycle subsequent to the revision. (Amended by Stats. 2003, Ch. 665, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33542. Source version: id_24877d0a-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. The commission and the state board shall ensure that the health and science curriculum frameworks adopted in the course of the next submission cycle following the date that this section becomes effective include the subject of organ procurement and tissue donation, as appropriate. (Added by Stats. 2012, Ch. 582, Sec. 2. (AB 1967) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33543. Source version: id_c330c11e-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) During the next revision of the history-social science curriculum framework, the commission shall consider including, and recommending for adoption by the state board, instruction on the election of President Barack Obama and the significance of the United States electing its first African American President, as appropriate. (b) The state board shall adopt, modify, or reject the curriculum framework recommended by the commission pursuant to subdivision (a). (Added by Stats. 2014, Ch. 286, Sec. 2. (AB 1912) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33544. Source version: id_1e02a2dd-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) When the “Health Framework for California Public Schools” (health framework) is next revised after January 1, 2016, the commission shall consider including comprehensive information for grades 9 to 12, inclusive, on sexual harassment and violence that includes, but is not limited to, all of the following: (1) Information on different forms of sexual harassment and violence, including instances that occur among peers and in a dating relationship; a discussion of prevention strategies; how pupils report sexual harassment and violence; and potential resources victims can access. (2) Discussion of the affirmative consent standard, as defined in paragraph (1) of subdivision (a) of Section 67386, and skills pupils use to establish boundaries in peer and dating relationships. (3) Discussion of legal aspects of sexual harassment and violence under state and federal law. (b) If the commission includes comprehensive information on sexual harassment and violence in the health framework, the commission shall comply with both of the following: (1) Ensure information included in the framework is research based and appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This may include, but shall not be limited to, reviewing other states’ curricula. (2) Consult with secondary health teachers and experts in sexual harassment and violence curriculum. (Added by Stats. 2015, Ch. 424, Sec. 1. (SB 695) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33545. Source version: id_cc29d000-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. When the “Health Framework for California Public Schools” (health framework) is next revised after January 1, 2015, the commission shall consider including a distinct category on sexual abuse and sex trafficking prevention education that includes, but is not limited to, all of the following: (a) Information on different forms of sexual abuse and assault; discussion of prevention strategies; how to report sexual abuse or suspected sexual abuse; and local resources for victims. (b) Discussion of healthy boundaries for relationships; how to recognize potentially harmful and abusive relationships; and refusal skills to overcome peer pressure and to avoid high-risk activities. (c) Information on sex trafficking and risk factors; the recruiting tactics of sex traffickers and peer recruiters, including recruitment through the Internet; how to report sex trafficking or suspected sex trafficking; and local resources for victims. (d) Discussion of legal aspects of sexual abuse and sex trafficking under state and federal laws. (e) Discussion of how culture and mass media influence and desensitize our perceptions of sexual abuse and sex trafficking, including, but not limited to, stereotypes and myths about the victims and abusers, victim blaming, and the role of language. This instruction shall emphasize compassion for people who have suffered from sexual abuse or sex trafficking, and support positive reentry experiences for survivors returning to school. (Added by Stats. 2014, Ch. 713, Sec. 1. (SB 1165) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33546. Source version: id_02732188-ca2c-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) When the “Health Framework for California Public Schools” (health framework) is next revised after January 1, 2017, the commission shall consider including comprehensive information for kindergarten and grades 1 to 8, inclusive, on the development of healthy relationships, which shall be age and developmentally appropriate and consistent with the health education standards adopted by the state board. (b) If the commission includes comprehensive information on the development of healthy relationships in the health framework, the commission shall comply with both of the following: (1) Ensure information included in the health framework is research-based and appropriate for pupils of all races, genders, sexual orientations, gender identities, and ethnic and cultural backgrounds. This may include, but shall not be limited to, reviewing other states’ curricula. (2) Consult with teachers and educators with expertise in curriculum for developing healthy relationships. (c) For purposes of this section, the “development of healthy relationships” includes, but is not limited to, all of the following: (1) Understanding the principles of treating one another with respect, dignity, and kindness. (2) Demonstrating the ability to use interpersonal communication skills to address and resolve disagreement and conflict. (3) Recognizing when and how to respond to dangerous or other situations that may result in the bullying, harassment, harming, or hurting of another person. (Added by Stats. 2016, Ch. 633, Sec. 1. (SB 1435) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33546.2. Source version: id_a7e8482e-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) When the health curriculum framework is next revised, on or after January 1, 2025, the Instructional Quality Commission shall consider providing for inclusion, in that curriculum framework, content on sextortion. (b) For the purposes of this section, “sextortion” means a threat to use sexual or intimate images or videos, however obtained, to compel another person to produce sexual or intimate images or videos, engage in sexual acts, or provide anything of value. (Added by Stats. 2024, Ch. 118, Sec. 1. (AB 2932) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33546.4. Source version: id_ab3e5100-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. When the “Health Education Framework for California Public Schools” (health framework) is next revised, on or after January 1, 2025, the commission shall consider including information on evidence-based schoolwide programs to support pupils in developing skills in mindfulness, distress tolerance, interpersonal effectiveness, and emotional regulation. (Added by Stats. 2024, Ch. 176, Sec. 1. (AB 3010) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33547. Source version: id_3b668321-a07f-11f0-9052-b7a92a296773 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. At the next adoption or followup adoption of instructional materials for use in kindergarten and grades 1 to 8, inclusive, in English Language Arts and English Language Development, the commission shall consider including resources for teachers to help them meet the unique academic and English language development needs of newcomer pupils. (Amended by Stats. 2025, Ch. 185, Sec. 1. (AB 1255) Effective October 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33547.5. Source version: id_aded6b72-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. The commission shall, when the mathematics curriculum framework is next revised after January 1, 2025, consider including that pupils in grade 8 be offered the opportunity to take an Algebra I or Mathematics I course that is aligned to the content standards adopted by the state board. (Added by Stats. 2024, Ch. 476, Sec. 1. (SB 1410) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 3. Instructional Quality Commission [33530 - 33548] SECTION 33548. Source version: id_612f3dd0-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Artificial Intelligence (AI) literacy” means the knowledge, skills, and attitudes associated with how artificial intelligence works, including its principles, concepts, and applications, as well as how to use artificial intelligence, including its limitations, implications, and ethical considerations. (2) “Digital citizenship” means a diverse set of skills related to current technology and social media, including the norms of appropriate, responsible, and healthy behavior. (3) “Media literacy” means the ability to access, evaluate, analyze, and use media and information and encompasses the foundational skills that lead to digital citizenship. (b) When the English language arts/English language development (ELA/ELD) curriculum framework is next revised after January 1, 2024, the commission shall consider incorporating the Model Library Standards developed pursuant to Section 18101. The commission shall also consider incorporating media literacy content at each grade level. (c) (1) The commission shall consider incorporating media literacy content into the mathematics, science, and history-social science curriculum frameworks when those frameworks are next revised after January 1, 2024. (2) When ELA/ELD instructional materials are next adopted by the state board after January 1, 2025, the commission shall consider including the Model Library Standards, developed pursuant to Section 18101, including media literacy content, in its criteria for evaluating instructional materials. (3) When mathematics, science, and history-social science instructional materials are next adopted by the state board after January 1, 2025, the commission shall consider including media literacy content in its criteria for evaluating instructional materials. (d) (1) The commission shall consider incorporating AI literacy content into the mathematics, science, and history-social science curriculum frameworks when those frameworks are next revised after January 1, 2025. (2) When mathematics, science, and history-social science instructional materials are next adopted by the state board after January 1, 2025, the commission shall consider including AI literacy in its criteria for evaluating instructional materials. (Amended by Stats. 2024, Ch. 927, Sec. 1. (AB 2876) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 4. Educational Management and Evaluation Commission [33550 - 33556] SECTION 33550. Source version: id_d2bb2ce6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=4. There is in the state government the Educational Management and Evaluation Commission consisting of a Member of the Assembly appointed by the Speaker of the Assembly, a Member of the Senate appointed by the Senate Committee on Rules, one public member appointed by the Speaker of the Assembly, one public member appointed by the Senate Committee on Rules, one public member appointed by the Governor, and nine public members appointed by the State Board of Education upon the recommendation of the Superintendent of Public Instruction or the members of the State Board of Education. With respect to the nine public members appointed by the State Board of Education, three members shall represent the field of economics, three members shall represent the learning sciences, and three members shall represent the managerial sciences. Each public member shall serve at the pleasure of the appointing power. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 4. Educational Management and Evaluation Commission [33550 - 33556] SECTION 33551. Source version: id_60d1abfa-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=4. The Members of the Legislature appointed to the commission pursuant to Section 33550 shall have the powers and duties of a joint legislative committee on the subject of educational management and evaluation and shall meet with, and participate in, the work of the commission to the extent that this participation is not incompatible with their positions as Members of the Legislature. The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power. (Amended by Stats. 2006, Ch. 538, Sec. 101. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 4. Educational Management and Evaluation Commission [33550 - 33556] SECTION 33552. Source version: id_d2bb2cea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=4. The members of the commission shall serve without compensation, except that they shall receive their actual and necessary expenses incurred in the performance of their duties and responsibilities, including travel expenses. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 4. Educational Management and Evaluation Commission [33550 - 33556] SECTION 33553. Source version: id_d2bcb38c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=4. The Superintendent of Public Instruction or his representative shall serve as executive secretary to the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 4. Educational Management and Evaluation Commission [33550 - 33556] SECTION 33554. Source version: id_d2bcb38e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=4. The commission shall select one of its members to be chairman of the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 4. Educational Management and Evaluation Commission [33550 - 33556] SECTION 33555. Source version: id_d2bcb390-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=4. The commission shall assist and advise the State Board of Education in the evaluation of the program achievement of educational programs, in the determination of the relative cost effectiveness of educational programs, and shall make recommendations concerning the expanded use, modification, or replacement of educational programs so as to produce a higher degree of program achievement and cost effectiveness. The commission shall also serve as an advisory body to the State Board of Education on program budgeting and accounting systems for school districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 4. Educational Management and Evaluation Commission [33550 - 33556] SECTION 33556. Source version: id_d2bcb392-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=4. As used in this article, “commission” means the Educational Management and Evaluation Commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 6. Advisory Commission on Special Education [33590 - 33596] SECTION 33590. Source version: id_785d229e-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=6. (a) There is in state government the Advisory Commission on Special Education consisting of the following 19 members: (1) A Member of the Assembly appointed by the Speaker of the Assembly. (2) A Member of the Senate appointed by the Senate Committee on Rules. (3) Three public members appointed by the Speaker of the Assembly, two of whom shall be individuals with a disability or parents of pupils in either a public or private school who have received or are currently receiving special education services due to a disabling condition. (4) Three public members appointed by the Senate Committee on Rules, two of whom shall be individuals with a disability or parents of pupils in either a public or private school who have received or are currently receiving special education services due to a disabling condition. (5) Four public members appointed by the Governor, two of whom shall be parents of pupils in either a public or private school who have received or are currently receiving special education services due to a disabling condition. (6) Five public members appointed by the State Board of Education, upon the recommendation of the Superintendent or the members of the State Board of Education, three of whom shall be parents of pupils in either a public or private school who have received or are currently receiving special education services due to a disabling condition, and one of whom shall be a representative of the charter school community. (7) Two members appointed by the commission, both of whom shall be pupils with exceptional needs, 16 to 22 years of age, inclusive. (b) (1) Each member shall be selected to ensure that the commission is representative of the state population and composed of individuals involved in, or concerned with, the education of children with disabilities, including parents of children with disabilities, ages birth to 26 years, inclusive; individuals with disabilities; teachers; representatives of higher education that prepare special education and related services personnel; state and local education officials, including, but not limited to, officials who carry out activities under Part B (commencing with Section 11431, et seq.) of Subchapter VI of Title 42 of the United States Code; administrators of programs for children with disabilities; representatives of other state agencies involved in the financing or delivery of related services to children with disabilities; representatives of private schools and public charter schools; at least one representative of a vocational community or business organization concerned with the provision of transition services to children with disabilities; and a representative from the State Department of Social Services responsible for foster care; and representatives from the state juvenile and adult corrections agencies. (2) Each member shall be knowledgeable about the wide variety of disabling conditions that require special programs in order to achieve the goal of providing an appropriate education to all eligible pupils. (3) A majority of the members of the commission shall be individuals with disabilities or parents of children with disabilities who are ages birth to 26 years, inclusive. (c) The commission shall select one of its members to be chairperson of the commission. In addition to other duties, the chairperson shall notify the appointing bodies when a vacancy occurs on the commission and of the type of representative listed in subdivision (b) who is required to be appointed to fill the vacancy. (d) (1) Except as provided in paragraph (2), the term of each public member is four years. (2) The term of each pupil appointed pursuant to paragraph (7) of subdivision (a) is one year, with the option to serve a second term of one year. (e) A public member may not serve more than two terms. (Amended by Stats. 2022, Ch. 917, Sec. 1. (SB 291) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 6. Advisory Commission on Special Education [33590 - 33596] SECTION 33591. Source version: id_d2be3a38-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=6. The Members of the Legislature appointed to the commission pursuant to Section 33590 shall have the powers and duties of a joint legislative committee on the subject of special education and shall meet with, and participate in, the work of the commission to the extent that such participation is not incompatible with their positions as Members of the Legislature. The Members of the Legislature appointed to the commission shall serve at the pleasure of the appointing power. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 6. Advisory Commission on Special Education [33590 - 33596] SECTION 33592. Source version: id_d2be3a3a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=6. The members of the commission shall serve without compensation, except they shall receive their actual and necessary expenses incurred in the performance of their duties and responsibilities, including traveling expenses. Reimbursement of other expenses, which are determined to be necessary for the commission to function, but do not exceed the commission’s budget, may be approved by the commission and the executive secretary to the commission. (Amended by Stats. 1982, Ch. 1201, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 6. Advisory Commission on Special Education [33590 - 33596] SECTION 33593. Source version: id_d2be3a3c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=6. The Superintendent of Public Instruction or the superintendent’s designee shall serve as executive secretary to the commission. (Amended by Stats. 1995, Ch. 530, Sec. 8. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 6. Advisory Commission on Special Education [33590 - 33596] SECTION 33595. Source version: id_d2be3a3e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=6. (a) The commission shall study and provide assistance and advice to the State Board of Education, the Superintendent of Public Instruction, the Legislature, and the Governor in new or continuing areas of research, program development, and evaluation in special education. The commission shall also do the following: (1) Comment publicly on any rules or regulations proposed by the state regarding the education of individuals with exceptional needs, as defined in Section 56026. (2) Advise the Superintendent of Public Instruction in developing evaluations and reporting on data to the Secretary of Education in the United States Department of Education under Section 1418 of Title 20 of the United States Code. (3) Advise the Superintendent of Public Instruction in developing corrective action plans to address findings identified in federal monitoring reports under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (4) Advise the Superintendent of Public Instruction and the State Board of Education in developing and implementing policies relating to the coordination of services for individuals with exceptional needs. (b) The commission shall report to the State Board of Education, the Superintendent of Public Instruction, the Legislature, and the Governor not less than once a year on the following with respect to special education: (1) Activities enumerated in Section 56100 that are necessary to be undertaken regarding special education for individuals with exceptional needs. (2) The priorities and procedures utilized in the distribution of federal and state funds. (3) The unmet educational needs of individuals with exceptional needs within the state. (4) Recommendations relating to providing better education services to individuals with exceptional needs, including, but not limited to, the development, review, and revision, of the definition of “appropriate” as that term is used in the phrase “free and appropriate public education” for the purposes of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (c) Commission recommendations or requests shall be transmitted by letter from the commission chairperson to the president of the State Board of Education. Each communication shall be placed on the agenda of the next forthcoming state board meeting in accordance with the announced annual state board agenda cutoff dates. Following the state board meeting, the commission shall be notified by the state board as to what action has been taken on each request. Commission requests shall also be transmitted by letter from the commission chairperson to the Superintendent of Public Instruction, the Governor, and to appropriate Members of the Legislature. (Amended by Stats. 1998, Ch. 691, Sec. 6. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 4. State Educational Commissions and Committees [33500 - 33596] ARTICLE 6. Advisory Commission on Special Education [33590 - 33596] SECTION 33596. Source version: id_d2bfc0e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=4.&article=6. As used in this article, “commission” means the Advisory Commission on Special Education. The commission shall also serve as the State Advisory Panel required by paragraph (21) of subdivision (a) of Section 1412 of Title 20 of the United States Code. (Amended by Stats. 1998, Ch. 691, Sec. 7. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33800. Source version: id_cbaa39c2-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= For purposes of this chapter, the following definitions apply: (a) “Local educational agency” means a school district, county office of education, or charter school. (b) “Office” means the Office of Civil Rights established pursuant to Section 33801. (Added by Stats. 2025, Ch. 428, Sec. 5. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33801. Source version: id_cbaa39c4-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= (a) The Office of Civil Rights is hereby established under the administration of the Government Operations Agency. (b) The Director of the Office of Civil Rights shall be appointed by the Governor and subject to confirmation by the Senate. (c) The purpose of the office is to work directly with local educational agencies to prevent and address discrimination and bias pursuant to Section 220. (d) The office shall engage with and seek advice from coordinators established under this chapter on actions implemented by this office. (Added by Stats. 2025, Ch. 428, Sec. 5. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33802. Source version: id_cbaa39c6-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= The Office of Civil Rights, in consultation with the department, and under the supervision of the Government Operations Agency, shall do all of the following: (a) Provide education and educational resources to identify and prevent antisemitism and other forms of discrimination and bias, and share relevant laws and regulations with educational state agencies, local educational agencies, and community stakeholders. (b) Annually submit a report to the Government Operations Agency, the Superintendent, the executive director of the state board, and the Legislature, consistent with Section 9795 of the Government Code, on the state of discrimination and bias in all local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive. The report shall include specific information on the type of discrimination or bias against a group protected by Section 220. The report shall be made publicly available on the agency’s internet website. (c) Recommend strategies to combat discrimination or bias against groups protected by Section 220 in local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to the department and local educational agencies, including proactive strategies using a restorative justice approach with a focus on repairing harm, fostering empathy, and healing relationships. (d) (1) Beginning January 1, 2027, annually review a report that the department shall provide to the Office of Civil Rights that includes a summary of all complaints made pursuant to Section 33315 that involve discrimination as defined in Section 220. The summary shall include specific information on the type of discrimination or bias against groups protected by Section 220, any action taken by the department in response to each complaint and the timeline for that action, and the disposition of each complaint. (2) Advise on subsequent action regarding complaints made pursuant to Section 33315 that involve discrimination as defined in Section 220, including either or both of the following: (A) Provide advice to the department and the relevant county office of education, if appropriate, to implement corrective actions that may include, but not be limited to, targeted and intensive assistance for teachers, administrators and staff to identify and proactively prevent antisemitism and other forms of discrimination and bias and on restorative justice practices. (B) Provide technical assistance to teachers, administrators, governing board or body members or other school staff, upon the request of the Superintendent, district superintendent, county superintendent of schools, or the governing board or body of a local educational agency, in order to resolve discrimination issues at schoolsites. (e) (1) Provide assistance, in consultation with the office of the Attorney General and the department, on proper protocols to respond to discrimination complaints filed pursuant to Section 33315. (2) Subject to an appropriation by the Legislature for this purpose, the office shall develop a training module, in consultation with the department, the executive director of the state board, and the office of the Attorney General, regarding the appropriate manner to process and resolve discrimination complaints filed pursuant to Section 33315. The training module shall include, but not be limited to, information on timelines, appeals, and protocols regarding the interaction with pupils, parents, and school staff, in resolving complaints in a timely manner. (Added by Stats. 2025, Ch. 428, Sec. 5. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33803. Source version: id_cbaa60d8-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= It is the intent of the Legislature to enact future legislation to do both of the following: (a) Establish coordinators to be employed within the office to prevent and address discrimination and bias. (b) Enact the duties and responsibilities of the coordinators. (Added by Stats. 2025, Ch. 428, Sec. 5. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33803.1. Source version: id_cbaa60da-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= (a) The Office of Civil Rights shall employ the Antisemitism Prevention Coordinator who shall be appointed by the Governor and confirmed by the Senate. (b) The Antisemitism Prevention Coordinator, in consultation with the department, and under the supervision of the Government Operations Agency, shall do all of the following: (1) Develop, consult on, and provide antisemitism education to teachers, staff, governing board or body members, administrators, and other local educational agency personnel to identify and proactively prevent antisemitism. (2) Make recommendations, in coordination with the executive director of the state board, to the Legislature, consistent with Section 9795 of the Government Code, on legislation necessary for the prevention of antisemitism in educational settings. (3) Engage and advise on the actions taken by the office on issues relating to antisemitism and the Jewish community. (4) Engage with local educational agencies on the handling of antisemitism. (5) Beginning September 1, 2027, track and report to the Legislature, consistent with Section 9795 of the Government Code, the executive director of the state board, and the Superintendent complaints and resolutions or lack of resolutions of complaints made pursuant to Section 33315 relating to antisemitism in all local educational agencies serving pupils in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive. (6) Engage with relevant community stakeholders, as determined by the Antisemitism Prevention Coordinator, in the execution of their duties. (c) The United States National Strategy to Counter Antisemitism, published by the Biden Administration on May 25, 2023, shall be a basis to inform the Antisemitism Prevention Coordinator on how to identify, respond to, prevent, and counter antisemitism. (Added by Stats. 2025, Ch. 428, Sec. 5. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33803.2. Source version: id_f24d5f3e-c957-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= The Office of Civil Rights shall employ the Religious Discrimination Prevention Coordinator, who shall be appointed by the Governor and confirmed by the Senate. (Added by Stats. 2025, Ch. 429, Sec. 1. (SB 48) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33803.3. Source version: id_f5cb3b60-c957-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= The Office of Civil Rights shall employ the Race and Ethnicity Discrimination Prevention Coordinator, who shall be appointed by the Governor and confirmed by the Senate. (Added by Stats. 2025, Ch. 429, Sec. 2. (SB 48) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33803.4. Source version: id_f71a2992-c957-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= The Office of Civil Rights shall employ the Gender Discrimination Prevention Coordinator, who shall be appointed by the Governor and confirmed by the Senate. (Added by Stats. 2025, Ch. 429, Sec. 3. (SB 48) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33803.5. Source version: id_f864d204-c957-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= The Office of Civil Rights shall employ the LGBTQ Discrimination Prevention Coordinator, who shall be appointed by the Governor and confirmed by the Senate. (Added by Stats. 2025, Ch. 429, Sec. 4. (SB 48) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 2. STATE ADMINISTRATION [33000 - 33804] PART 20. STATE EDUCATIONAL AGENCIES [33000 - 33804] CHAPTER 5. Office of Civil Rights [33800 - 33804] SECTION 33804. Source version: id_cbaa60dc-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=2.&part=20.&chapter=5.&article= The reports or summaries required pursuant to this chapter shall not contain any personally identifying information about any individual, and the information in the report shall be sufficiently deidentified to prevent the identification of the individuals involved in the complaint. The underlying data shall be confidential and protected from public disclosure, including disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except that the information may be disclosable to the same extent as the data was disclosable by the entity that collected the data. (Added by Stats. 2025, Ch. 428, Sec. 5. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 1. Naming [35000 - 35001.1] SECTION 35000. Source version: id_0845210f-fcd2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=1. (a) The first governing board of any new school district shall, at the first meeting of the governing board or as soon as practicable thereafter, name the school district. (b) The name of an elementary school district shall be in the form of “____ District” (using the name of the district). The name of an elementary school district shall not include a number. (c) The name of a unified school district shall be in the form of “____ Unified School District” (using the name of the district). A number shall not be used as a part of the designation of any unified school district. (Amended by Stats. 2018, Ch. 507, Sec. 6. (SB 816) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 1. Naming [35000 - 35001.1] SECTION 35001. Source version: id_d2c454d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=1. (a) Whenever a petition is presented to the governing board of a school district, signed by at least 15 qualified electors of that school district, asking that the name of the district be changed and stating the new name requested, the governing board shall designate a day upon which it will act upon the petition, which shall not be less than 10 days nor more than 40 days after the receipt of the petition. The governing board shall give or cause to be given notice to all parties interested by publication in a newspaper published within the school district, or, if there is none, in any newspaper published in the county, of the time set for the hearing of the petition. The notice shall be published at least twice before the day set for hearing. At the hearing the board shall by resolution either grant or deny the petition, and, if granted, shall notify the county superintendent of schools of the change of the name of the district. The board shall also certify the name change to the county elections official of each county in which any part of the school district is situated. The name change shall also be entered in the records of the governing board. (b) As an alternative to the procedures set forth in subdivision (a), a petition may be presented to the superintendent of schools having jurisdiction of any high school district signed by at least two-thirds of the members of the governing board of the high school district asking that the name of the district be changed and stating the new name desired. The procedure shall thereafter be the same as is provided for electors’ petitions in subdivision (a). (Amended by Stats. 2002, Ch. 221, Sec. 13. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 1. Naming [35000 - 35001.1] SECTION 35001.1. Source version: id_d2c454da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=1. Notwithstanding Section 35001, the Richmond Unified School District is hereby renamed and shall be known as the “West Contra Costa Unified School District.” (Added by Stats. 1993, Ch. 57, Sec. 3. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 2. General Provisions [35010 - 35012] SECTION 35010. Source version: id_d2c5db7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=2. (a) Every school district shall be under the control of a board of school trustees or a board of education. (b) The governing board of each school district shall prescribe and enforce rules not inconsistent with law, or with the rules prescribed by the State Board of Education, for its own government. (Repealed and added by Stats. 1987, Ch. 1452, Sec. 182.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 2. General Provisions [35010 - 35012] SECTION 35012. Source version: id_6364bb72-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=2. (a) Except as otherwise provided, the governing board of a school district shall consist of five regular members elected at large by the qualified voters of the school district. The terms of the regular members shall, except as otherwise provided, be for four years and staggered so that as nearly as practicable one-half of the regular members shall be elected in each odd-numbered year. (b) A unified school district may have a governing board of seven regular members if the proposal for unification has specified a governing board of seven regular members. The regular members of the governing board of a unified school district shall be elected at large or by trustee areas as designated in the proposal for unification and shall serve four-year terms of office. (c) Notwithstanding subdivision (a), and except as provided in this subdivision and Section 5018, the governing board of an elementary school district other than a union or joint union elementary school district shall consist of three regular members selected at large from the territory comprising the school district. Whenever, in any such elementary school district, the average daily attendance during the preceding fiscal year is 300 or more, the procedures prescribed by Section 5018 shall be undertaken. (d) (1) There may be submitted to the governing board of a school district maintaining one or more high schools a pupil petition requesting the governing board to appoint one or more pupil members to the governing board pursuant to this section. (2) The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in high schools of the school district, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools of the school district, whichever is less. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing board of a school district shall order the inclusion within the membership of the governing board, in addition to the number of regular members otherwise prescribed, at least one pupil member. The governing board of a school district may order the inclusion of more than one pupil member. (3) Upon receipt of a petition for pupil representation, the governing board of a school district shall, commencing July 1, 1976, and each year thereafter, order the inclusion within the membership of the governing board, in addition to the number of regular members otherwise prescribed, at least one pupil member. The governing board of a school district may order the inclusion of more than one pupil member. The governing board of a school district may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if the governing board of a school district determines the pupil member is not fulfilling their duties. If the governing board of a school district appoints an alternate pupil member, the governing board shall suspend the prior pupil member’s rights and privileges related to service on the governing board. (4) (A) A pupil member of the governing board of a school district shall have preferential voting rights. (B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing board of the school district. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. (5) The governing board of the school district may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by the governing board, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (6) (A) Each pupil member shall have the right to attend each and all meetings of the governing board of the school district, except closed sessions. (B) (i) Each pupil member shall be appointed to subcommittees of the governing board in the same manner as regular members. (ii) Each pupil member shall be made aware of the time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee. (iii) Subcommittee meetings may be scheduled in accordance with the availability of all members, including each pupil member. (7) Any pupil selected to serve as a pupil member of the governing board of a school district shall be enrolled in a high school of the school district, may be less than 18 years of age, and shall be chosen by the pupils enrolled in the high school or high schools of the school district in accordance with policies and procedures prescribed by the governing board. The term of a pupil member shall be one year, commencing on July 1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to provide more pupils with an opportunity to serve on the governing board. (8) A pupil member shall be entitled to the mileage allowance to the same extent as regular members, and may receive compensation as specified in subdivision (f) of Section 35120. (9) (A) A pupil member shall be seated with the regular members of the governing board of the school district, and shall be recognized as a full member of the governing board at the meetings, including receiving all open meeting materials presented to the regular members at the same time the materials are presented to the regular members, being invited to staff briefings of regular members or being provided a separate staff briefing within the same timeframe as the staff briefing of regular members, being invited to attend other functions of the governing board of the school district, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues. (B) A pupil member shall also receive all materials received by regular members between open meetings, except for materials that pertain to closed session items. (C) (i) The governing board of the school district may authorize the pupil member or members to make restorative justice recommendations that may be considered by the governing board of the school district in closed session expulsion hearings. If the governing board of the school district authorizes pupil recommendations in expulsion hearings, then notwithstanding subparagraph (B), the governing board of the school district shall disclose limited case information that pertains to closed session items to the pupil member or members to allow the pupil member or members to make those recommendations. (ii) Disclosure of case information to the pupil member or members pursuant to clause (i) shall be conditioned on the voluntary, written consent of the pupil who is subject to the expulsion hearing and the pupil’s parent or guardian, and shall be consistent with federal and state privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and any implementing federal regulations. (10) The pupil member shall not be included in determining the vote required to carry any measure before the governing board of the school district. (11) The pupil member shall not be liable for any acts of the governing board of the school district. (12) A majority vote of all voting regular members shall be required to approve a motion to eliminate the pupil member position from the governing board of a school district. The motion shall be listed as a public agenda item for a meeting of the governing board before the motion being voted upon. (e) Pupil members shall not be considered members of a legislative body of a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (f) As used in this section, the following definitions apply: (1) “Pupil member” means a pupil board member appointed pursuant to subdivision (d). (2) “Regular member” means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive. (Amended by Stats. 2024, Ch. 327, Sec. 1. (SB 1445) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35020. Source version: id_d2c5db84-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. The governing board of each school district shall fix and prescribe the duties to be performed by all persons in public school service in the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35021. Source version: id_d2c76226-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. (a) Notwithstanding any other law, any person, except a person required to register as a sex offender pursuant to Section 290 of the Penal Code, may be permitted by the governing board of any school district to perform the duties specified in Section 44814 or 44815, or to serve as a nonteaching volunteer aide under the immediate supervision and direction of the certificated personnel of the district to perform noninstructional work which serves to assist the certificated personnel in performance of teaching and administrative responsibilities. With respect to this noninstructional work, the nonteaching volunteer aide shall serve without compensation of any type or other benefits accorded to employees of the district, except as provided in Section 3364.5 of the Labor Code. (b) No district may abolish any of its classified positions and utilize volunteer aides, as authorized herein, in lieu of classified employees who are laid off as a result of the abolition of a position. A district shall not refuse to employ a person in a vacant classified position and use volunteer aides in lieu of filling the classified position. (c) It is the intent of the Legislature to permit school districts to use volunteer aides to enhance its educational program but not to permit displacement of classified employees nor to allow districts to utilize volunteers in lieu of normal employee requirements. (Amended by Stats. 2001, Ch. 40, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35021.1. Source version: id_d2c76228-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. A school district or county office of education may request that a local law enforcement agency conduct an automated records check of a prospective nonteaching volunteer aide in order to ascertain whether the prospective nonteaching volunteer aide has been convicted of any sex offense as defined in Section 44010. A plea or verdict of guilty, a finding of guilt by a court in a trial without jury, or a conviction following a plea of nolo contendere shall be deemed to be a conviction within the meaning of this section. If the local law enforcement agency agrees to provide that automated records check, the results therefrom shall be returned to the requesting district or county office of education within 72 hours of the written request. A local law enforcement agency may charge a fee to the requesting agency not to exceed the actual expense to the law enforcement agency. (Added by Stats. 1994, Ch. 1021, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35021.2. Source version: id_d2c7622a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. (a) When a school district or county office of education pursuant to Section 11105.3 of the Penal Code requests from the Department of Justice records involving criminal offenses committed by a prospective volunteer, the school district or county office of education may request that the Department of Justice provide subsequent arrest notification service pursuant to Section 11105.2 of the Penal Code. The Department of Justice shall comply with a request made pursuant to this section. (b) This section also applies to a person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level that requests, pursuant to Section 11105.3 of the Penal Code, records involving criminal offenses committed by a prospective volunteer. (Added by Stats. 1999, Ch. 476, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35021.3. Source version: id_8d470774-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. (a) A school district or a county office of education may establish a registry of volunteer after school physical recreation instructors and other before and after school program volunteers. (b) (1) To be included on a registry established pursuant to this section, a prospective registrant shall submit to a criminal background check pursuant to Section 45125. The prospective registrant shall also submit current contact information to the school district or county office maintaining the registry and shall update that information whenever the information changes. (2) A school, school district, or county office of education may contribute funds to pay for all or part of the cost of a criminal background check required of a prospective registrant pursuant to paragraph (1). (c) A school district or county office maintaining a registry may impose other requirements on prospective registrants, including, but not limited to, certification in cardiopulmonary resuscitation. (d) Upon approval of the person acting as the coordinator of, or overseeing, the after school activities of the school, a school under the jurisdiction of a school district or county office of education maintaining a registry may allow a volunteer registered with the school district or county office to provide instruction in physical recreation to pupils after school hours or provide other services. (e) This section does not require a school district or county office of education to establish or maintain a registry and does not require a school to use a volunteer from a registry to provide instruction in physical recreation to pupils after school hours or provide other services. (f) Instruction in physical recreation provided to a pupil by a volunteer pursuant to subdivision (d) shall not be counted toward satisfaction of either the physical education course requirements for graduation from high school pursuant to Section 51225.3 or the number of minutes of instruction in physical education required pursuant to Section 51210, 51222, or 51223, as applicable. (Amended by Stats. 2008, Ch. 179, Sec. 44. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35021.5. Source version: id_d2c7622c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. (a) The governing board of a school district may establish a school police reserve officer corps to supplement a police department established pursuant to Section 38000. Any person deputized by a school district as a school police reserve officer shall complete the training prescribed by Section 832.2 of the Penal Code. (b) It is the intent of the Legislature to allow school districts to use volunteer school police reserve officers to the extent necessary to provide a safe and secure school environment. (Amended by Stats. 2003, Ch. 292, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35022. Source version: id_d2c8e8ce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. Every school district governing board consisting of five or more members shall, at its initial meeting and at each annual meeting, elect a president from among its members. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35023. Source version: id_d2c8e8d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. The governing board of each school district of every kind or class shall annually at its initial meeting select one of its members as its representative who shall have one vote for each member to be elected to the county committee provided by Article 1 (commencing with Section 4000) of Chapter 1 of Part 3. The secretary or clerk of the district shall furnish the county superintendent of schools with a certificate naming the representative selected by the board. (Amended by Stats. 1987, Ch. 1452, Sec. 183.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35024. Source version: id_d2c8e8d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. The governing board of any school district may appoint an executive committee. In the case of a governing board which has appointed a clerk, the committee shall consist of the president, the clerk, and one other member of the board. In the case of a governing board which has not appointed a clerk the committee shall consist of the president and two members of the board. The committee shall attend to the routine business of the board. Its action shall be reported to the board for ratification at its first meeting ensuing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35025. Source version: id_d2c8e8d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. The governing board of any school district may employ a person not a member of the board to act as secretary and bookkeeper for the board, and may delegate to such secretary the duties prescribed in paragraphs (a) and (c) of Section 35250. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35026. Source version: id_d2c8e8d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. The governing board of any school district employing eight or more teachers may employ a district superintendent for one or more schools and may delegate to the district superintendent any of the duties provided for in Section 35250. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35028. Source version: id_daaf2c73-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. A person shall not be eligible to hold a position as city superintendent, district superintendent, deputy superintendent, associate superintendent, or assistant superintendent of schools unless the person is the holder of both a valid school administration certificate and a valid teacher’s certificate, unless the person is employed as a deputy, associate, or assistant superintendent in a purely clerical capacity. (Amended by Stats. 2021, Ch. 666, Sec. 23. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35029. Source version: id_d2ca6f7a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. A local governing board may waive any credential requirement for the chief administrative officer of the school district under its jurisdiction. Any individual serving as the chief administrative officer of a school district who does not hold a credential may be required by the local governing board to pursue a program of in-service training conducted pursuant to guidelines approved by the commission. No individual serving as the chief administrative officer of a school district shall be subject to the provisions of the merit system specified in Article 6 (commencing with Section 45240) of Chapter 5 of Part 25 of this division or any other similar merit system. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35029.1. Source version: id_d2ca6f7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. Notwithstanding Section 35029, a local governing board shall not hire an individual for the position of chief administrative officer of the school district under its jurisdiction whose credential has been revoked by the Commission on Teacher Credentialing pursuant to Sections 44421 to 44427, inclusive. (Added by Stats. 2001, Ch. 135, Sec. 2. Effective July 31, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35030. Source version: id_d2ca6f7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. No governing board or county superintendent of schools shall affix the title of deputy, associate or assistant superintendent to any position not defined by this code as a position requiring certification qualifications or which does not qualify under the provisions of Section 44065 as a position requiring certification qualifications; except that any such title may be assigned to the position of business manager or a related business position but such position shall not, if so designated, be deemed to be a position requiring certification qualifications nor shall the employee be deemed to be a certificated employee. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35031. Source version: id_d2ca6f80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. Any district superintendent of schools, or deputy, associate, or assistant superintendent of schools, may be elected for a term of no more than four years. The governing board of any school district, with the consent of the employee concerned, may at any time terminate, effective on the next succeeding first day of July, the term of employment of, and any contract of employment with, the superintendent of schools, or any associate, deputy, or assistant superintendent of schools of the district, and reelect or reemploy the employee, on those terms and conditions as may be mutually agreed upon by the board and the employee, for a new term to commence on the effective date of the termination of the existing term of employment. In the event the governing board of a school district determines the superintendent of schools of the district, or deputy, associate, or assistant superintendent of schools, or employee in the senior management of the classified service is not to be reelected or reemployed as such upon the expiration of his or her term, he or she shall be given written notice thereof by the governing board at least 45 days in advance of the expiration of his or her term. In the event the governing board of a district fails to reelect or reemploy the superintendent of schools of the district, or deputy, associate, or assistant superintendent of schools, or employee in the senior management of the classified service as such and the written notice herein provided for has not been given, he or she shall be deemed reelected for a term of the same length as the one completed, and under the same terms and conditions and with the same compensation. The notice requirements of Section 44951 shall not apply to persons to whom this section applies. (Amended by Stats. 1987, Ch. 1452, Sec. 184.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35032. Source version: id_d2ca6f82-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. Notwithstanding Section 35031, the governing board of a school district may at any time during any school year increase the salaries of any district superintendent of schools and deputy, associate, or assistant superintendent of schools without terminating the term of employment of, and reelecting or reemploying, such employee and such increase may be effective on any date ordered by the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35033. Source version: id_d2cbf624-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. If a unified school district is formed pursuant to Chapter 2 (commencing with Section 4200) of Part 3, of Division 1 of Title 1 to include all the territory of one or more elementary school districts, the governing board of the unified district may elect and reelect as district superintendent of schools of the unified district, or as deputy, associate, or assistant superintendent of schools of the unified district, for a four-year term, a person employed as district superintendent of schools of one of such elementary school districts at the time of the formation of the unified school district. The person may perform service in the position for the unified district for the term to which he is elected or reelected without possessing the certification document otherwise required if he has served continuously as district superintendent of the elementary district for at least 10 years prior to the formation of the unified district and if he is elected as district superintendent of schools of the unified district or as deputy, associate or assistant superintendent of schools of the unified district pursuant to this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35034. Source version: id_d2cbf626-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. (a) Where the entire area of a county is included within one unified school district or where the entire area of a county is included within one unified school district except for the portions of the county that are included in a school district that is under the jurisdiction of the county superintendent of schools of another county, the county superintendent of schools may be employed as the superintendent of schools of the unified school district; provided he or she is the holder of a certification document authorizing him or her to perform those services. If a county superintendent of schools is employed as the superintendent of schools of a unified school district, he or she may be paid the salary, in addition to that provided by law for his office of county superintendent of schools, that he or she and the governing board of the unified school district may agree upon. (b) Any county superintendent of schools who was employed as a district superintendent of a unified school district on or before September 20, 1963, may continue to perform those services without possessing the certification document otherwise required so long as he or she remains continuously employed or reemployed in his or her position. (c) Where the entire area of a county is included within one unified school district except for the portions of the county that are included in a school district that is under the jurisdiction of the county superintendent of schools of another county, the person who was county superintendent of schools at the time the unified school district was formed may be employed as the superintendent of schools of the unified school district without possessing the certification document otherwise required so long as he or she remains continuously employed or reemployed in his or her position. (Amended by Stats. 1987, Ch. 1452, Sec. 185.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35035. Source version: id_cf5d7b19-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. The superintendent of each school district shall, in addition to other powers and duties granted to or imposed upon him or her: (a) Be the chief executive officer of the governing board of the school district. (b) Except in a school district where the governing board has appointed or designated an employee other than the superintendent, or a deputy, or assistant superintendent, to prepare and submit a budget, prepare and submit to the governing board of the school district, at the time it may direct, the budget of the school district for the next ensuing school year, and revise and take other action in connection with the budget as the governing board of the school district may desire. (c) Be responsible for the preparation and submission to the governing board of the school district, at the time the governing board may direct, the local control and accountability plan of the school district for the subsequent school year, and revise and take other action in connection with the local control and accountability plan as the governing board of the school district may desire. (d) Except in a school district where the governing board has appointed or designated an employee other than the superintendent, or a deputy, or assistant superintendent, ensure that the local control and accountability plan is implemented. (e) Subject to the approval of the governing board of the school district, assign all employees of the school district employed in positions requiring certification qualifications to the positions in which they are to serve. This power to assign includes the power to transfer a teacher from one school to another school at which the teacher is certificated to serve within the school district when the superintendent concludes that the transfer is in the best interest of the school district. (f) Upon adoption by the school district board of a school district policy concerning transfers of teachers from one school to another school within the school district, have authority to transfer teachers consistent with that policy. (g) Determine that each employee of the school district in a position requiring certification qualifications has a valid certificated document registered as required by law authorizing him or her to serve in the position to which he or she is assigned. (h) Enter into contracts for and on behalf of the school district pursuant to Section 17604. (i) Submit financial and budgetary reports to the governing board of the school district as required by Section 42130. (Amended by Stats. 2015, Ch. 303, Sec. 72. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35036. Source version: id_611ce5cc-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. (a) Notwithstanding subdivision (d) of Section 35035, the superintendent of a school district may not transfer a teacher who requests to be transferred to a school offering kindergarten or any of grades 1 to 12, inclusive, that is ranked in deciles 1 to 3, inclusive, on the Academic Performance Index if the principal of the school refuses to accept the transfer. (b) The governing board of a school district may not adopt a policy or regulation, or enter into a collective bargaining agreement, that assigns, after April 15 of the school year prior to the school year in which the transfer would become effective, priority to a teacher who requests to be transferred to another school over other qualified applicants who have applied for positions requiring certification qualification at the school. (c) The prohibitions in this section shall become operative on January 1, 2007. If the prohibitions in this section are in direct conflict with the terms of a collective bargaining agreement in effect on January 1, 2007, the prohibitions of this section shall become operative on the employees governed by that agreement upon its expiration. (Added by Stats. 2006, Ch. 518, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35038. Source version: id_d2cbf62a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. In any district the governing board of which is required to elect a clerk, the superintendent of schools of the county shall appoint one of the members of the governing board to fill the office of district clerk if a clerk is not elected by the governing board on the date prescribed, or if, except as provided in Section 35039, a vacancy occurs in the position of district clerk. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35039. Source version: id_d2cbf62c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. If the clerk of the district refuses to perform the duties prescribed in Section 35250 or by the governing board, the board may at a regular meeting dismiss him and appoint another member clerk. It shall immediately notify the superintendent of schools of the county of its action. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35041. Source version: id_d2cbf62e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. Anything in a city, county, or city and county charter to the contrary notwithstanding, the governing board or boards of any school district may appoint an administrative adviser and fix and order paid his compensation. The duties of the administrative adviser are to render administrative advice to the superintendent of schools and to other officers and employees of the school district such other administrative duties as may be assigned by the superintendent of schools and the governing board of the district, and to assist the legal counsel of the district in the preparation and conduct of school district litigation. The employee shall have been admitted to practice law in the state, and shall not be required to have any certification qualifications. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35041.3. Source version: id_d2cd7cd0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. (a) A governing board of a school district should, but is not required to, make every reasonable effort to appoint a selective service registrar for each high school. The selective service registrar may be an employee of the high school where he or she is appointed or a school volunteer who is 18 years of age or older. The duty of the selective service registrar is to help pupils subject to the federal Military Selective Service Act (50 U.S.C. App. 451 et seq.) enrolled in the high school register in accordance with that act. (b) A school district should, but is not required to, make every reasonable effort to inform pupils enrolled with the district who are subject to the federal Military Selective Service Act (50 U.S.C. App. 451 et seq.) of all of the following: (1) The importance of meeting one’s Selective Service obligations. (2) The consequences of not registering as required under the federal Military Selective Service Act. (3) How to register with the Selective Service. (Added by Stats. 1999, Ch. 189, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35041.5. Source version: id_d2cd7cd2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. Anything in a city, county, or city and county charter to the contrary notwithstanding, the governing board or boards of any school district may, in lieu of appointing an administrative advisor pursuant to Section 35041, or any county board of education or any county superintendent of schools may, appoint a legal counsel and fix and order paid the counsel’s compensation as an employee or as an independent contractor. The duties of the legal counsel may include rendering legal advice to the superintendent of schools, the county board of education, and to other officers and employees of the school district or districts and other administrative duties as may be assigned by the superintendent of schools, the county board of education, and the governing board of the district or governing boards of the districts, and serving as the legal counsel of the superintendent of schools, the county board of education, and the district or districts in the preparation and conduct of school district litigation and administrative proceedings, and rendering advice in relation to school bond and tax increase measures and prepare all legal papers and forms necessary for the voting of school bonds and tax increase measures in the district or districts. The legal counsel shall have been admitted to practice law in the state, and shall not be required to have any certification qualifications. The term “legal counsel” as used herein includes a solo practitioner, partnership, or a law corporation. The county board of education and the superintendent of schools of the same county shall appoint the same legal counsel. (Amended by Stats. 1992, Ch. 697, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35044. Source version: id_d2cd7cd4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. The governing board of each school district shall provide for the payment of the traveling expenses of any representatives of the board when performing services directed by the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35045. Source version: id_d2cd7cd6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. The governing board of any school district having an average daily attendance of 10,000 or more may appoint a director of school building planning, who shall be a person qualified by training, experience and demonstrated ability to manage the building, construction and contracting business of the district. The director shall be responsible for the coordination of the building program of the district and shall advise the superintendent of schools and other employees of the district with respect to the negotiation and performance of school building construction contracts let by the governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 1. School Districts [35000 - 35046] ARTICLE 3. Officers and Agents [35020 - 35046] SECTION 35046. Source version: id_d2cd7cd8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=1.&article=3. (a) The governing board of a school district may award consultancy contracts to retired certificated employees of the school district or of the county superintendent of schools who have been employed by the school district or by the county superintendent of schools for at least 10 years and who are at least 55 years of age. (b) The governing board of a school district may enter into a contract with a retired certificated employee who has been employed by the school district or by the county superintendent of schools at least 10 years and who is at least 55 years of age whereby the retired employee is granted a consultancy contract with the school district, which contract is renewable on an annual basis for up to five years or until the retired employee reaches age 65, whichever comes first. (c) Persons hired by a consultancy contract as authorized by this section are considered employees and are subject to the earnings limitation provided in Section 23919. (Amended by Stats. 1977, Ch. 355.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1. Membership [35100 - 35107] SECTION 35100. Source version: id_d2cf2a8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1. Within 15 days after the action necessary for the formation of any elementary school district or high school district is completed, the county superintendent of schools shall appoint an interim governing board. Within 15 days after the action necessary for the formation of any joint or joint union elementary school or high school district is completed, the county superintendent of schools having jurisdiction over the district shall appoint a majority of the members of an interim governing board. If the new district is in two counties, the other county superintendent shall appoint the rest of the interim governing board members within such 15-day period. If the new district is in more than two counties, the other county superintendents shall appoint the rest of the interim governing board members within such 15-day period as may be agreed upon by them. If they cannot agree within such 15-day period, the county superintendent who appointed the majority of the interim governing board members shall appoint the rest of the members. The term of each governing board member so appointed shall expire on the April 1st following the election of the first elected governing board of the district. If a majority of the members of the interim governing board of the school district is not appointed and qualified within such 15-day period, the county superintendent of schools having the power to appoint the interim governing board, or a majority thereof, shall assume the powers and duties belonging to the governing board until a majority of the governing board is selected and qualified. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1. Membership [35100 - 35107] SECTION 35101. Source version: id_d2cf2a90-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1. In newly formed unified school districts there shall be no interim governing board, but the county superintendent of schools having jurisdiction over the particular district shall call an election for the purpose of choosing the first governing board of the district. The election shall be held on the first Tuesday after the first Monday in March, June, or November next succeeding the call. The first members of the governing board of the district shall take office on the day the canvass of the election is certified by the county superintendent of schools. The first meeting of the governing board shall be called by the county superintendent of schools not later than the third Monday following the election. The term of office of subsequent members of the board shall begin on April 1st following their election. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1. Membership [35100 - 35107] SECTION 35102. Source version: id_d2d0b132-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1. Within 20 days after the appointment or election of the interim or initial governing board of any newly formed district, the county superintendent of schools having jurisdiction over the district shall call a meeting of the board, by giving each member of the board at least 10 days’ notice of such meeting by registered mail. At the meeting the board shall appoint such officers as boards of its class are required to appoint at annual meetings pursuant to Article 3 (commencing with Section 35140) of Chapter 2 of this division, name the district pursuant to Article 1 (commencing with Section 35000) of Chapter 1 of this part and may conduct or transact any other business relating to the affairs of the district which can properly be conducted or transacted at a regular meeting of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1. Membership [35100 - 35107] SECTION 35103. Source version: id_d2d0b134-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1. In newly formed districts for which an interim governing board is appointed by the county superintendent of schools, a governing board member election shall be held: (a) When the action necessary for the formation of a new school district is completed on or before the first of January of any odd-numbered year, on the first Tuesday after the first Monday in March of such year. (b) When the action necessary for the formation of a new school district is completed after the first of February of any year, whether even numbered or odd numbered, on the first Tuesday after the first Monday in March of the next succeeding year. The terms of the members elected at the initial election shall begin on the first day of April, and the terms of their predecessors shall expire on the 31st day of March, following the election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1. Membership [35100 - 35107] SECTION 35105. Source version: id_616671ee-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1. Subject to the procedures prescribed by Section 1302.2 of the Elections Code with respect to newly formed unified school districts, the majority of members of the first elected board of any newly formed school district, the members of which majority received the highest number of votes, shall serve until the first Friday in December of the second succeeding odd-numbered year. The other members’ terms shall expire on the first Friday in December of the first succeeding odd-numbered year. All of these members shall continue in office until their successors are elected and qualified. (Amended by Stats. 2006, Ch. 538, Sec. 102. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1. Membership [35100 - 35107] SECTION 35106. Source version: id_d2d0b138-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1. When a member of the governing board of a school district which is being reorganized and which will cease to exist takes office as a member of the initial or interim governing board of a newly formed school district, he or she shall cease to be a member of the governing board of the district being reorganized unless he or she elects to remain a member of that board. If the member does not elect to remain on the board of the district being reorganized, the county board of education shall then appoint another person who is eligible to serve on the governing board of the district being reorganized to the vacant position for the duration of the existence of the district being reorganized, but in no case for longer than 12 months. (Amended by Stats. 2000, Ch. 1058, Sec. 16. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1. Membership [35100 - 35107] SECTION 35107. Source version: id_d2d0b13a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1. (a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a school district without further qualifications. (b) (1) An employee of a school district may not be sworn into office as an elected or appointed member of that school district’s governing board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. (2) For any individual who is an employee of a school district and an elected or appointed member of that school district’s governing board prior to January 1, 1992, this subdivision shall apply when he or she is reelected or reappointed, on or after January 1, 1992, as a member of the school district’s governing board. (c) Notwithstanding any other provision of law, the governing board of a school district may adopt or the residents of the school district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the school district may serve on the governing board of the school district. Any proposal to limit the number of terms a member of the governing board of the school district may serve on the governing board of the school district shall apply prospectively only and shall not become operative unless it is submitted to the electors of the school district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. (d) (1) An initiative measure proposed pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. (2) A proposal submitted to the electors by the governing board pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 6 (commencing with Section 9500) of Division 9 of the Elections Code. (e) A member of the governing board of a school district shall abstain from voting on personnel matters that uniquely affect a relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the relative belongs. For purposes of this section, “relative” means an adult who is related to the person by blood or affinity within the third degree, as determined by the common law, or an individual in an adoptive relationship within the third degree. (Amended by Stats. 1995, Ch. 879, Sec. 6. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1.5. Common Governing Boards [35110 - 35113] SECTION 35110. Source version: id_d2d237de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1.5. When the membership of the governing boards of an elementary school district and a high school district is the same, and if the certificated employees in both districts have selected the same employee organization to be their exclusive representative for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the board may adopt a resolution making the provisions of this article applicable to each district under its jurisdiction. (Added by Stats. 1982, Ch. 22, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1.5. Common Governing Boards [35110 - 35113] SECTION 35111. Source version: id_d2d237e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1.5. (a) Except as provided in subdivisions (b) and (c), when a governing board has adopted a resolution specified in Section 35110, the elementary school district and the high school district shall be deemed to be a single school district for all purposes, including, but not limited to, budget and personnel matters, and the governing board shall be deemed to be the governing board of a single school district. (b) When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction shall continue to be treated as separate school districts for purposes of computing state apportionments and allowances, and allocations of local property tax revenue. (c) When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction shall continue to hold title to the property of each district separately and any indebtedness for such property shall remain in the indebtedness of each separate district. (d) When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction shall publish annually, in a newspaper of local circulation, the general fund income and expenses of both districts. The publication documents shall indicate the amount transferred to each district pursuant to Section 35112 from the combined special reserve of both districts. The governing board shall adopt a resolution authorizing the specific transfers pursuant to Section 35112 at the time of the final budget adoption. (e) For the purpose of Section 53892.1 of the Government Code, common governing boards, as described in Section 35110, shall be reported as one single educational entity. (Amended by Stats. 1987, Ch. 917, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1.5. Common Governing Boards [35110 - 35113] SECTION 35112. Source version: id_d2d237e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1.5. When a governing board has adopted a resolution pursuant to Section 35110, the school districts under its jurisdiction may transfer funds between the districts to the extent permitted by Section 6 of Article XVI of the California Constitution. (Added by Stats. 1982, Ch. 22, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 1.5. Common Governing Boards [35110 - 35113] SECTION 35113. Source version: id_d2d3be84-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=1.5. When a governing board has adopted a resolution pursuant to Section 35110, the length of service of each employee shall be counted from the original date of employment by either school district under the jurisdiction of the governing board. (Added by Stats. 1982, Ch. 22, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10. School Maintenance [35290 - 35293] SECTION 35290. Source version: id_d2f242be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10. The governing board of any school district shall maintain schools and classes as provided by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10. School Maintenance [35290 - 35293] SECTION 35291. Source version: id_d2f242c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10. The governing board of any school district shall prescribe rules not inconsistent with law or with the rules prescribed by the State Board of Education, for the government and discipline of the schools under its jurisdiction. The governing board of each school district which maintains any of grades 1 through 12, inclusive, may, at the time and in the manner prescribed by Sections 48980 and 48981, notify the parent or guardian of all pupils registered in schools of the district of the availability of rules of the district pertaining to student discipline. (Amended by Stats. 2002, Ch. 1032, Sec. 2. Effective September 28, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10. School Maintenance [35290 - 35293] SECTION 35291.5. Source version: id_d2f242c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10. (a) On or before December 1, 1987, and at least every four years thereafter, each public school may, at its discretion, adopt rules and procedures on school discipline applicable to the school. For schools that choose to adopt rules pursuant to this article, the school discipline rules and procedures shall be consistent with any applicable policies adopted by the governing board and state statutes governing school discipline. In developing these rules and procedures, each school shall solicit the participation, views, and advice of one representative selected by each of the following groups: (1) Parents. (2) Teachers. (3) School administrators. (4) School security personnel, if any. (5) For junior high schools and high schools, pupils enrolled in the school. Meetings for the development of the rules and procedures should be developed and held within the school’s existing resources, during nonclassroom hours, and on normal schooldays. The final version of the rules and procedures on school discipline with attendant regulations may be adopted by a panel comprised of the principal of the school, or his or her designee, and a representative selected by classroom teachers employed at the school. It shall be the duty of each employee of the school to enforce the rules and procedures on school discipline adopted under this section. (b) The governing board of each school district may prescribe procedures to provide written notice to continuing pupils at the beginning of each school year and to transfer pupils at the time of their enrollment in the school and to their parents or guardians regarding the school discipline rules and procedures adopted pursuant to subdivision (a). (c) Each school may file a copy of its school discipline rules and procedures with the district superintendent of schools and governing board on or before January 1, 1988. (d) The governing board may review, at an open meeting, the approved school discipline rules and procedures for consistency with governing board policy and state statutes. (Amended by Stats. 2002, Ch. 1032, Sec. 3. Effective September 28, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10. School Maintenance [35290 - 35293] SECTION 35291.7. Source version: id_d2f242c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10. Additional employees may not be hired and substitute teachers may not be utilized in order to comply with the requirements of Sections 35291 and 35291.5. (Added by Stats. 1986, Ch. 87, Sec. 2.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10. School Maintenance [35290 - 35293] SECTION 35292. Source version: id_d2f242c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10. The governing board of any school district shall visit each school in its district at least once each term, and examine carefully into the management, needs, and conditions of the schools. In any school district which employs district or city superintendents of schools, it shall either visit the schools or provide that they shall be visited by the district or city superintendent of schools or his assistants. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10. School Maintenance [35290 - 35293] SECTION 35292.5. Source version: id_0d7cd9c9-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10. (a) Every public and private school maintaining any combination of classes from kindergarten to grade 12, inclusive, shall comply with all of the following: (1) Every restroom shall at all times be maintained and cleaned regularly, fully operational, and stocked at all times with toilet paper, soap, and paper towels or functional hand dryers. (2) The school shall keep all restrooms open during school hours when pupils are not in classes, and shall keep a sufficient number of restrooms open during school hours when pupils are in classes. (b) (1) On or before July 1, 2026, each school district, county office of education, and charter school, including charter schools operating in a school district facility pursuant to Section 47614, maintaining any combination of classes from grades 1 to 12, inclusive, shall comply with the following for each of its schoolsites that, before July 1, 2026, has more than one female restroom and more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten: (A) Provide and maintain at least one all-gender restroom for pupil use that meets the following requirements: (i) Has signage identifying the bathroom facility as being open to all genders and in conformity with Title 24 of the California Code of Regulations. (ii) Is available for pupil use, consistent with the requirements of subdivision (a), as unlocked, unobstructed, easily accessible by any pupil, and consistent with existing pupil access to sex-segregated restrooms. (iii) Is consistent with the requirements pursuant to Section 35292.6. (iv) Is available during school hours and school functions when pupils are present. (B) Designate a staff member to serve as a point of contact for implementation of this section. (C) Post a notice regarding the requirements of this paragraph in a prominent and conspicuous location outside at least one all-gender restroom, including contact information for the person designated as a point of contact pursuant to subparagraph (B). (2) A school district, county office of education, or charter school may use an existing restroom to satisfy the requirements of this subdivision if it ensures that all pupils have restrooms that are in easily accessible locations and the existing restroom otherwise complies with the requirements in paragraph (1). (3) This subdivision shall be subject to compliance review pursuant to Section 253. (4) The department shall post on its internet website guidance for implementation of this subdivision, including, but not limited to, examples of signage and best practices. (5) This subdivision shall not supplant subdivision (f) of Section 221.5. Use of an all-gender restroom by a pupil shall be voluntary and pupils shall not be required to use an all-gender restroom. (6) This subdivision shall not preclude a schoolsite that does not have more than one female restroom and more than one male restroom designated exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten, from identifying and making easily accessible, a restroom for pupil use that satisfies the requirements of this subdivision. (c) Notwithstanding subdivisions (a) and (b), a school may temporarily close a restroom as necessary (1) for a documented pupil safety concern, (2) for an immediate threat to pupil safety, or (3) to repair the facility. (Amended by Stats. 2023, Ch. 227, Sec. 3. (SB 760) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10. School Maintenance [35290 - 35293] SECTION 35292.6. Source version: id_a7fca891-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10. (a) On or before the start of the 2024–25 school year, a public school, including a school operated by a school district, county office of education, or charter school, maintaining any combination of classes from grades 3 to 12, inclusive, shall stock the school’s restrooms at all times with an adequate supply of menstrual products, available and accessible, free of cost, in all women’s restrooms and all-gender restrooms, and in at least one men’s restroom. (b) A public school described in subdivision (a) shall not charge for any menstrual products provided to pupils. (c) A public school described in subdivision (a) shall post a notice regarding the requirements of this section in a prominent and conspicuous location in every restroom required to stock menstrual products, available and accessible, free of cost, pursuant to this section. This notice shall include the text of this section and contact information, including an email address and telephone number, for a designated individual responsible for maintaining the requisite supply of menstrual products. (d) For purposes of this section, “menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle. (e) This section shall become operative on July 1, 2024. (Repealed (in Sec. 2) and added by Stats. 2023, Ch. 421, Sec. 3. (AB 230) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10. School Maintenance [35290 - 35293] SECTION 35293. Source version: id_d2f242ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10. The governing board of any school district shall maintain all of the elementary day schools established by it, and all of the day high schools established by it with equal rights and privileges as far as possible. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] SECTION 35295. Source version: id_fde0558c-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10.5. The Legislature finds and declares the following: (a) Because of the generally acknowledged fact that California will experience moderate to severe earthquakes in the foreseeable future, increased efforts to reduce earthquake hazards should be encouraged and supported. (b) In order to minimize loss of life and disruption, it is necessary for all private elementary schools and high schools to develop school disaster plans and specifically an earthquake emergency procedure system so that pupils and staff will act instinctively and correctly when an earthquake disaster strikes. (c) It is therefore the intent of the Legislature in enacting this article to authorize the establishment of earthquake emergency procedure systems in kindergarten and grades 1 through 12 in all private schools in California. (Amended by Stats. 2004, Ch. 895, Sec. 3. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] SECTION 35296. Source version: id_6ed0f323-2bb1-11e3-986d-eec746dc55f1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10.5. The governing board of each private school shall establish an earthquake emergency procedure system in every private school building under its jurisdiction having an occupant capacity of 50 or more pupils or more than one classroom. A governing board may work with the Office of Emergency Services and the Seismic Safety Commission to develop and establish the earthquake emergency procedure systems. (Amended by Stats. 2013, Ch. 352, Sec. 71. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 10.5. Earthquake Emergency Procedures [35295 - 35297] SECTION 35297. Source version: id_d2f9e410-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=10.5. The earthquake emergency procedure system shall include, but not be limited to, all of the following: (a) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of students and staffs. (b) A drop procedure. As used in this article, “drop procedure” means an activity whereby each student and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools. (c) Protective measures to be taken before, during, and following an earthquake. (d) A program to ensure that the students and that both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. (Amended by Stats. 1988, Ch. 448, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35310. Source version: id_d2f9e414-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. The governing board of any school district may establish and maintain a scholarship and loan fund, to be administered by a committee composed of the members of the governing board of the school district, the school district superintendent, and such other community, faculty, administrative, and student representatives as the governing board shall determine. The governing board shall, by rules and regulations, determine the terms of office and the method of selection of such community, faculty, administrative, and student representatives. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35311. Source version: id_d2f9e416-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. The superintendent of school district shall be the chairman of the committee and shall be the chief executive officer of the fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35312. Source version: id_d2fb6ab8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. The committee shall meet at least once each fiscal year and at such other times as it may be called into session by the chairman. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35313. Source version: id_d2fb6aba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. The committee may accept on behalf of, and in the name of, the fund, such gifts, donations, bequests, and devises as are made for the purposes of the fund. Such gifts, donations, bequests, and devises may be made subject to such conditions or restrictions as the committee may prescribe. Any donor to the fund may impose conditions to his gift, donation, bequest, or devise. The committee shall review all such conditions and make a recommendation to the governing board as to the compatibility of such conditions with the intent and purpose of the fund. The governing board shall have the authority to prohibit the committee from accepting any proposed donation to the fund if conditions with respect to the gift, donation, bequest, or devise are incompatible with the intent and purpose of the fund, as determined by the governing board. Except as provided in this section, in no event shall the approval of any state agency be a prerequisite to acceptance by the committee of any gift, donation, bequest, or devise. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35314. Source version: id_d2fb6abc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. Money in the fund shall be deposited in a bank or other institution whose accounts are federally insured, and any money so deposited shall be in an account or accounts fully covered by that insurance. The committee shall establish and maintain procedures to identify clearly all money in the fund and its separate and distinct impressed trusts, if any, and from whom and to whom the money was received and disbursed. (Amended by Stats. 1992, Ch. 115, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35315. Source version: id_d2fb6abe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. All money in the fund shall be available for making interest-free loans for educational advancement, for scholarship, or for grants-in-aid to eligible persons. An eligible person for such loans shall be any of the following: (a) A bona fide organization of a school under the jurisdiction of the governing board of the school district. (b) An enrollee at a school under the jurisdiction of the governing board of the school district. (c) A graduate of a school under the jurisdiction of the governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35316. Source version: id_b83a289e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. An applicant for a loan from the fund shall make application therefor in accordance with reasonable rules and regulations established by the governing board of the school district, provided that the rules and regulations shall not include any conditions limiting eligibility on account of the characteristics listed in Section 220. (Amended by Stats. 2007, Ch. 569, Sec. 20. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35317. Source version: id_d2fb6ac2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. All expenses in the administration of the fund including, but not limited to, operating costs, audits, promotion of the fund, and physical housing for the committee, shall be a proper charge against the funds of the school district and the annual budget of the school districts shall include funds for such expenses. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35318. Source version: id_d2fb6ac4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. The governing board of the school district shall arrange for an annual audit of the fund in the same manner as prescribed in Section 41020. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 12. Scholarship and Loan Funds [35310 - 35319] SECTION 35319. Source version: id_d2fcf166-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=12. The chief executive officer of the fund shall make periodic reports, but not less frequently than annually, to the governing board of the school district with respect to the status and activity of the fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 13. Excursions and Field Trips [35330 - 35332] SECTION 35330. Source version: id_a4140fc5-fcd2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=13. (a) The governing board of a school district or the county superintendent of schools of a county may: (1) Conduct field trips or excursions in connection with courses of instruction or school-related social, educational, cultural, athletic, or school band activities to and from places in the state, any other state, the District of Columbia, or a foreign country for pupils enrolled in elementary or secondary schools. A field trip or excursion to and from a foreign country may be permitted to familiarize pupils with the language, history, geography, natural sciences, and other studies relative to the district’s course of study for pupils. (2) Engage instructors, supervisors, and other personnel to contribute their services over and above the normal period for which they are employed by the district, if necessary, and provide equipment and supplies for the field trip or excursion. (3) Transport by use of district equipment, contract to provide transportation, or arrange transportation by the use of other equipment, of pupils, instructors, supervisors, or other personnel to and from places in the state, another state, the District of Columbia, or a foreign country where those excursions and field trips are being conducted, provided that, when district equipment is used, the governing board shall secure liability insurance, and if travel is to and from a foreign country, liability insurance shall be secured from a carrier licensed to transact insurance business in the foreign country. (4) Provide supervision of pupils involved in field trips or excursions by certificated employees of the district. (b) (1) A pupil shall not be prevented from making the field trip or excursion because of lack of sufficient funds. To this end, the governing board shall coordinate efforts of community service groups to supply funds for pupils in need. (2) A group shall not be authorized to take a field trip or excursion authorized by this section if a pupil who is a member of an identifiable group will be excluded from participation in the field trip or excursion because of lack of sufficient funds. (c) (1) The attendance or participation of a pupil in a field trip or excursion authorized by this section shall be considered attendance for the purpose of crediting attendance for apportionments from the State School Fund in the fiscal year. Credited attendance resulting from a field trip or excursion shall be limited to the amount of attendance that would have accrued had the pupils not been engaged in the field trip or excursion. (2) Credited attendance shall not exceed 10 schooldays except in the case of pupils participating in a field trip or excursion in connection with courses of instruction, or school-related educational activities, and that are not social, cultural, athletic, or school band activities. (d) All persons making the field trip or excursion shall be deemed to have waived all claims against the district, a charter school, or the State of California for injury, accident, illness, or death occurring during or by reason of the field trip or excursion. All adults taking out-of-state field trips or excursions and all parents or guardians of pupils taking out-of-state field trips or excursions shall sign a statement waiving all claims. (e) Transportation allowances shall not be made by the Superintendent for expenses incurred with respect to field trips or excursions that have an out-of-state destination. A school district that transports pupils, teachers, or other employees of the school district in schoolbuses within the state and to destinations within the state, pursuant to the provisions of this section, shall report to the Superintendent on forms prescribed by him or her the total mileage of schoolbuses used in connection with educational excursions. In computing the allowance to a school district for regular transportation there shall be deducted from that allowance an amount equal to the depreciation of schoolbuses used for the transportation in accordance with rules and regulations adopted by the Superintendent. (Amended by Stats. 2018, Ch. 92, Sec. 49. (SB 1289) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 13. Excursions and Field Trips [35330 - 35332] SECTION 35331. Source version: id_c62acd80-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=13. (a) The governing board of any school district conducting excursions and field trips pursuant to this article shall provide, or make available, medical or hospital service, or both, for pupils of the district injured while participating in any excursion or field trip under the jurisdiction of, or sponsored or controlled by, the district or the authorities of any school of the district. (b) (1) The medical or hospital service, or both, described in subdivision (a) shall be provided, or made available, through any of the following: (A) One or more nonprofit membership corporations defraying the cost of medical or hospital service, or both. (B) One or more group, blanket, or individual policies of accident insurance from an authorized insurer. (C) A self-insurance program of the school district. (2) The cost incurred by the school district pursuant to this subdivision may be paid from the funds of the district, or by the insured pupil or his or her parent or guardian. (3) The membership may be taken in, or the insurance may be purchased from, only those corporations or insurers that are authorized to do business in this state. If the coverage described in this subdivision is to be provided through a self-insurance program of the school district, claims may be paid from a fund established for that purpose. (Amended by Stats. 2010, Ch. 89, Sec. 6. (AB 2081) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 13. Excursions and Field Trips [35330 - 35332] SECTION 35332. Source version: id_d2fe780e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=13. No transportation by air may be provided under this article unless the transportation by air is provided by any of the following: (a) aircraft owned and operated by the state or federal government; (b) chartered or regularly scheduled aircraft operated exclusively by an air carrier or foreign air carrier as defined in subdivisions (3) and (19) of Section 101 of Title 1 of the “Federal Aviation Act of 1958” (Public Law 85-726; 72 Stat. 731) engaged in air transportation as defined in subdivision (10) of the same section while there is in force a certificate or permit issued by the Civil Aeronautics Board of the United States, or its successor, authorizing such air carrier to engage in such transportation; or (c) chartered or regularly scheduled aircraft of a passenger air carrier as defined pursuant to Section 2741 of the Public Utilities Code that is authorized to engage in transportation by air in the State of California by the Public Utilities Commission pursuant to Chapter 4 (commencing with Section 2739) of Part 2 of Division 1 of the Public Utilities Code. (Amended by Stats. 1977, Ch. 41.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 13.5. School Camps [35335- 35335.] SECTION 35335. Source version: id_d2fe7812-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=13.5. The governing board of any elementary, high, or unified school district may charge a fee for school camp programs, provided that payment of such fee is not mandatory. No pupil shall be denied the opportunity to participate in a school camp program because of nonpayment of the fee. The amount of the fee may not exceed the difference between any state, local, or federal funds generated by such a program and the cost of the services actually provided. For purposes of this section a school camp program is one which is operated pursuant to Article 5 (commencing with Section 8760) of Chapter 4 of Part 6. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 15. Authority to Transport Pupils [35350 - 35351] SECTION 35350. Source version: id_d2fe7816-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=15. No governing board of a school district shall require any student or pupil to be transported for any purpose or for any reason without the written permission of the parent or guardian. This section shall not apply to the transportation of a student or pupil in an emergency arising from illness or injury to the student or pupil. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 15. Authority to Transport Pupils [35350 - 35351] SECTION 35351. Source version: id_b8e4e792-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=15. No public school pupil shall be assigned to or be required to attend a particular school because of the characteristics listed in Section 220. (Amended by Stats. 2007, Ch. 569, Sec. 21. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 16. Los Angeles Unified School District [35400 - 35401] SECTION 35400. Source version: id_67d18b74-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=16. (a) The Los Angeles Unified School District’s Inspector General of the Office of the Inspector General may conduct audits and investigations. The inspector general may subpoena witnesses, administer oaths or affirmations, take testimony, and compel the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence deemed material and relevant and that reasonably relate to the inquiry or investigation undertaken by the inspector general when the inspector general has a reasonable suspicion that a law, regulation, rule, or school district policy has been violated or is being violated. For purposes of this section, “reasonable suspicion” means that the circumstances known or apparent to the inspector general include specific and articulable facts causing the inspector general to suspect that a material violation of law, regulation, rule, or school district policy has occurred or is occurring, and that the facts would cause a reasonable officer in a like position to suspect that a material violation of a law, regulation, rule, or school district policy has occurred or is occurring. (b) Subpoenas shall be served in the manner provided by law for service of summons. A subpoena issued pursuant to this section may be subject to challenge pursuant to Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure. (c) For purposes of this section, Sections 11184, 11185, 11186, 11187, 11188, 11189, 11190, and 11191 of the Government Code shall apply to the subpoenaing of witnesses and documents, reports, answers, records, accounts, papers, and other data and documentary evidence as if the investigation was being conducted by a state department head, except that the applicable court for resolving motions to compel or motions to quash shall be the Superior Court for the County of Los Angeles. (d) Notwithstanding any other law, a person who, after the administration of an oath or affirmation pursuant to this section, states or affirms as true any material matter that the person knows to be false is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed five thousand dollars ($5,000), or by both that fine and imprisonment for the first offense. Any subsequent violation shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. (e) (1) The inspector general shall submit to the Legislature, on or before July 1 of each year, an annual report on all of the following: (A) The use and effectiveness of the subpoena power authorized by this section in the successful completion of the inspector general’s duties. (B) Any use of the subpoena power in which the issued subpoena was quashed, including the basis for the court’s order. (C) Any referral to the local district attorney or the Attorney General where the district attorney or Attorney General declined to investigate the matter further or declined to prosecute. (2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 871, Sec. 1. (SB 991) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 16. Los Angeles Unified School District [35400 - 35401] SECTION 35400.5. Source version: id_b0a05674-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=16. (a) The inspector general shall be appointed by the Board of Education of the Los Angeles Unified School District for a term of three years, subject to the terms of the inspector general’s employment contract. (b) (1) The inspector general shall conform to the Principles and Standards for Offices of Inspector General, published by the Association of Inspectors General. (2) Audits performed by the inspector general shall be conducted in accordance with generally accepted auditing standards, including either the Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, or the International Standards for the Professional Practice of Internal Auditing issued by The Institute of Internal Auditors. (Added by Stats. 2024, Ch. 871, Sec. 2. (SB 991) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 16. Los Angeles Unified School District [35400 - 35401] SECTION 35401. Source version: id_d2fffebe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=16. (a) If the inspector general determines that there is reasonable cause to believe that an employee or outside agency has engaged in any illegal activity, he or she shall report the nature and details of the activity on a timely basis to the local district attorney or the Attorney General. (b) The inspector general does not have any enforcement power. (c) Every investigation, including, but not limited to, all investigative files and work-product, shall be kept confidential, except that the inspector general may issue any report of an investigation that has been substantiated, keeping confidential the identity of the individual or individuals involved, or release any findings resulting from an investigation conducted pursuant to this article that is deemed necessary to serve the interests of the district. (d) This section does not limit any authority conferred upon the Attorney General or any other department or agency of government to investigate any matter. (e) Except as authorized in this section, or if called upon to testify in any court or proceeding at law, any disclosure of information by the inspector general or that office that was acquired pursuant to a subpoena of the private books, documents, or papers of the person subpoenaed, is punishable as a misdemeanor. (Amended by Stats. 2003, Ch. 62, Sec. 39. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 2. Officers and Agents [35120 - 35124] SECTION 35120. Source version: id_b8a1dfcc-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=2. (a) (1) In a school district in which the average daily attendance for the prior school year exceeded 250,000, each regular member of the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee. (2) In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each regular member of the board who attends all meetings held, a sum not to exceed four thousand five hundred dollars ($4,500) in any month. (3) In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed three thousand dollars ($3,000) in any month. (4) In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed two thousand dollars ($2,000) in any month. (5) In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed one thousand two hundred dollars ($1,200) in any month. (6) In a school district in which the average daily attendance for the prior school year was 1,000 or less, each regular member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the regular member’s services a sum not to exceed six hundred dollars ($600) in any month. (7) A regular member or pupil member who does not attend all meetings held in any month may receive, as compensation for the regular member’s or pupil member’s services, an amount not greater than the maximum amount allowed by this subdivision or paragraph (2) of subdivision (f), as applicable, divided by the number of meetings held and multiplied by the number of meetings attended. (8) For purposes of providing compensation pursuant to paragraphs (1) to (6), inclusive, average daily attendance for the prior school year may be increased by a school district’s percentage of excused absences reported for the 1996–97 fiscal year. (b) The compensation of regular members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year. (c) A pupil member or regular member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board. (d) Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city. (e) On an annual basis, the governing board may increase the compensation of regular members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board. (f) The governing board of a school district may award a pupil member either or both of the following: (1) Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided. (2) Monthly financial compensation as determined by the governing board. (g) As used in this section, the following definitions apply: (1) “Pupil member” means a pupil board member appointed pursuant to subdivision (d) of Section 35012. (2) “Regular member” means a board member elected or selected pursuant to subdivisions (a) to (c), inclusive, of Section 35012. (Amended by Stats. 2025, Ch. 639, Sec. 2. (AB 1390) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 2. Officers and Agents [35120 - 35124] SECTION 35120.1. Source version: id_ef88f728-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=2. (a) Notwithstanding any other law, and to the extent permitted by federal law, any compensation awarded to a pupil member pursuant to subdivision (f) of Section 35120 shall not be considered as income or resources when determining eligibility and benefit amount for any means-tested program, including, but not limited to, CalWORKs, General Assistance, Medi-Cal, and Cash Assistance Program for Immigrants (CAPI), and any scholarships for public colleges and universities, including, but not limited to, Cal Grant awards, Chafee grant awards, Middle Class Scholarship Program awards, California College Promise Grants, California State University Educational Opportunity Program (EOP) grants, Community College Extended Opportunity Programs and Services (EOPS) grants, and grants from the University of California or the California State University. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section for programs under its jurisdiction by means of all-county letters or similar written instructions from the department until regulations are adopted. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations. (c) This section shall apply to programs under the jurisdiction of the State Department of Social Services beginning on the date that the State Department of Social Services notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement this section for those programs. The department shall issue guidance as necessary to begin automation no later than July 1, 2026. (Added by Stats. 2025, Ch. 686, Sec. 2. (AB 320) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 2. Officers and Agents [35120 - 35124] SECTION 35121. Source version: id_d2d3be8a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=2. In any school district organized under the provisions of Section 35502 and which is also a high school district, and which districts are governed by a board of school trustees, and which districts have an average daily attendance in the elementary school district of at least 800, as shown by the last report of the principal of schools in the elementary school district, on file in the office of the county superintendent of schools, the trustees of the school district may appoint a clerk, who shall not be one of their own number, to act for the elementary district trustees and the high school district trustees to hold office at the pleasure of the board of trustees. The board may fix the salary of the clerk at a sum not exceeding twenty-five dollars ($25) per month for the two districts, which shall be paid in the same manner and from the same funds as other incidental expenses of the districts are paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 2. Officers and Agents [35120 - 35124] SECTION 35124. Source version: id_d2d5452c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=2. The superintendent of schools of a unified school district that is coterminous with the boundaries of a city and county shall have all the powers and duties set forth in this code for a superintendent of any school district of the class of school that is included within the unified school district and also shall perform the duties of the county superintendent. The superintendent shall have his or her compensation fixed and ordered paid by the board of education, anything in a city, county, or city and county charter to the contrary notwithstanding. (Amended by Stats. 1987, Ch. 1452, Sec. 194.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35140. Source version: id_d2d54530-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. Subject to the provisions of this article the governing board of any school district shall by rule and regulation fix the time and place for its regular meetings. Such action shall be proper notice to all members of the board of the regular meetings. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35141. Source version: id_d2d54532-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. The governing board of any union or joint union high school district, shall hold its regular meetings either monthly or quarterly. The governing board of any other high school district, shall hold its regular meetings monthly. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35142. Source version: id_d2d54534-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. Subject to the provisions of Section 35141, the times at which the regular meetings of the governing board of a high school district are to be held shall be prescribed by the rules and regulations adopted by such board for its own government. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35143. Source version: id_de18bd45-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. (a) The governing board of each school district shall hold an annual organizational meeting. In a year in which a regular election for governing board members is conducted, the meeting shall be held on a day within a 15-day period that commences with the second Friday in December following the regular election. Organizational meetings in years in which no such regular election for governing board members is conducted shall be held on any date in December, but no later than December 20. Unless otherwise provided by rule of the governing board, the day and time of the annual meeting shall be selected, in a year in which a regular election for governing board members is conducted, by the board at its regular meeting held immediately before the first day of such 15-day period, or in a year in which no such regular election for governing board members is conducted, by the board at its last regular meeting held immediately before the organizational meeting. The board shall notify the county superintendent of schools of the day and time selected. The clerk of the board shall, within 15 days before the date of the annual meeting, notify in writing all members and members-elect of the date and time selected for the meeting. (b) If the board fails to select a day and time for the meeting, the county superintendent of schools having jurisdiction over the district shall, before the first day of such 15-day period and after the regular meeting of the board held immediately before the first day of such 15-day period, designate the day and time of the annual meeting. The day designated shall be within the 15-day period. The county superintendent of schools shall notify in writing all members and members-elect of the date and time. (c) At the annual meeting the governing board of each high school district, union high school district, and joint union high school district shall organize by electing a president from its members and a clerk. (d) At the annual meeting each city board of education shall organize by electing a president from its members. (e) At the annual meeting the governing board of each other type of school district, except a community college district, shall elect one of its members clerk of the district. (f) As an alternative to the procedures set forth in this section, a city board of education whose members are elected in accordance with a city charter for terms of office commencing in December, may hold its annual organizational meeting required in this section between December 15 and January 14, inclusive, as provided in rules and regulations that shall be adopted by such board. At the annual meeting the city board of education shall organize by electing a president and vice president from its members who shall serve in such office during the period January 15 next to the following January 14, unless removed from such office by majority vote of all members of the city board of education. (Amended by Stats. 2021, Ch. 666, Sec. 24. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35144. Source version: id_d2d6cbd8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. A special meeting of the governing board of a school district may be called at any time by the presiding officer of the board, or by a majority of the members thereof, by delivering personally or by mail written notice to each member of the board, and to each local newspaper of general circulation, radio, or television station requesting notice in writing. The notice shall be delivered personally or by mail at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at those meetings by the governing board. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the board a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public and district employees. (Amended by Stats. 1986, Ch. 641, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35145. Source version: id_d2d6cbda-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. All meetings of the governing board of any school district shall be open to the public and shall be conducted in accordance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. All actions authorized or required by law of the governing board shall be taken at the meetings and shall be subject to the following requirements: (a) Minutes shall be taken at all of those meetings, recording all actions taken by the governing board. The minutes are public records and shall be available to the public. (b) An agenda shall be posted by the governing board, or its designee, in accordance with the requirements of Section 54954.2 of the Government Code. Any interested person may commence an action by mandamus or injunction pursuant to Section 54960.1 of the Government Code for the purpose of obtaining a judicial determination that any action taken by the governing board in violation of this subdivision or Section 35144 is null and void. (Amended by Stats. 1987, Ch. 1452, Sec. 196.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35145.5. Source version: id_d2d8527c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. It is the intent of the Legislature that members of the public be able to place matters directly related to school district business on the agenda of school district governing board meetings. Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the governing board on any item of interest to the public, before or during the governing board’s consideration of the item, that is within the subject matter jurisdiction of the governing board. Governing boards shall adopt reasonable regulations to insure that this intent is carried out. The regulations may specify reasonable procedures to insure the proper functioning of governing board meetings. This subdivision shall not preclude the taking of testimony at regular meetings on matters not on the agenda which any member of the public may wish to bring before the board, provided that, except as authorized by Section 54954.2 of the Government Code, no action is taken by the board on those matters at the same meeting at which the testimony is taken. Nothing in this paragraph shall be deemed to limit further discussion on the same subject matter at a subsequent meeting. (Amended by Stats. 1994, Ch. 239, Sec. 1. Effective July 21, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35146. Source version: id_d2d8527e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. Notwithstanding the provisions of Section 35145 of this code and Section 54950 of the Government Code, the governing body of a school district shall, unless a request by the parent has been made pursuant to this section, hold closed sessions if the board is considering the suspension of, or disciplinary action or any other action except expulsion in connection with any pupil of the school district, if a public hearing upon such question would lead to the giving out of information concerning school pupils which would be in violation of Article 5 (commencing with Section 49073) of Chapter 6.5 of Part 27 of this code. Before calling such closed session of the governing board of the district to consider these matters, the governing board of the district shall, in writing, by registered or certified mail or by personal service, if the pupil is a minor, notify the pupil and his or her parent or guardian, or the pupil if the pupil is an adult, of the intent of the governing board of the district to call and hold such closed session. Unless the pupil, or his or her parent, or guardian shall, in writing, within 48 hours after receipt of such written notice of intention, request that the hearing of the governing board be held as a public meeting, then the hearing to consider such matters shall be conducted by the governing board in closed session. If such written request is served upon the clerk or secretary of the governing board, the meeting shall be public except that any discussion at such meeting that might be in conflict with the right to privacy of any pupil other than the pupil requesting the public meeting or on behalf of whom such meeting is requested, shall be in closed session. Whether the matter is considered at a closed session or at a public meeting, the final action of the governing board of the school district shall be taken at a public meeting and the result of such action shall be a public record of the school district. (Amended by Stats. 1980, Ch. 1284, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35147. Source version: id_7fb13412-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. (a) Except as specified in this section, any meeting of the councils or committees specified in subdivision (b) is exempt from the provisions of this article, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Division 3 of Title 2 of the Government Code), and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (b) The councils and advisory committees established pursuant to Sections 52063, 52069, and 52176, subdivision (b) of Section 54425, Sections 54444.2, 56190, 62002.5, and 65000, and the committees formed pursuant to Section 11503 are subject to this section. (c) (1) Any meeting held by a council or committee specified in subdivision (b) shall be open to the public, and any member of the public shall be able to address the council or committee during the meeting on any item within the subject matter jurisdiction of the council or committee. Notice of the meeting shall be posted at the schoolsite, or other appropriate place accessible to the public, at least 72 hours before the time set for the meeting. The notice shall specify the date, time, and location of the meeting and contain an agenda describing each item of business to be discussed or acted upon. The council or committee may not take any action on any item of business unless that item appeared on the posted agenda or unless the council or committee members present, by unanimous vote, find that there is a need to take immediate action and that the need for action came to the attention of the council or committee subsequent to the posting of the agenda. (2) Questions or brief statements made at a meeting by members of the council, committee, or public that do not have a significant effect on pupils or employees in the school or school district, or that can be resolved solely by the provision of information, need not be described on an agenda as items of business. If a council or committee violates the procedural meeting requirements of this section, upon demand of any person, the council or committee shall reconsider the item at its next meeting, after allowing for public input on the item. (d) Any materials provided to a schoolsite council shall be made available to any member of the public who requests the materials pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended (as amended by Stats. 2021, Ch. 615, Sec. 67) by Stats. 2022, Ch. 301, Sec. 1. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35149. Source version: id_d2d85282-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. The first meeting of any newly elected or appointed school district governing board, and any annual meeting required by law to be held by such board for purposes of its organization, shall be deemed a regular meeting of the board for purposes of any requirement of law that periodic meetings shall be held by such board, and the regular business of the board may be transacted at such a meeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 3. Meetings [35140 - 35150] SECTION 35150. Source version: id_9b522a6d-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=3. (a) (1) The governing board of a school district shall not take action to terminate a superintendent or assistant superintendent of the school district, or both, without cause, at a special or emergency meeting of the governing board. (2) The governing board of a school district may hold a regular meeting pursuant to Section 54954 of the Government Code for the purpose of terminating a superintendent or assistant superintendent of the school district, or both, without cause, during any month in which a regular meeting of the governing board is not scheduled. (b) The governing board of a school district shall not terminate a superintendent or assistant superintendent of the school district, or both, without cause, within 30 days after the first convening of the governing board after an election at which one or more members of the governing board are elected or recalled. (Added by Stats. 2023, Ch. 875, Sec. 1. (SB 494) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35160. Source version: id_d2d9d926-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. On and after January 1, 1976, the governing board of any school district may initiate and carry on any program, activity, or may otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35160.1. Source version: id_d2d9d928-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. (a) The Legislature finds and declares that school districts, county boards of education, and county superintendents of schools have diverse needs unique to their individual communities and programs. Moreover, in addressing their needs, common as well as unique, school districts, county boards of education, and county superintendents of schools should have the flexibility to create their own unique solutions. (b) In enacting Section 35160, it is the intent of the Legislature to give school districts, county boards of education, and county superintendents of schools broad authority to carry on activities and programs, including the expenditure of funds for programs and activities which, in the determination of the governing board of the school district, the county board of education, or the county superintendent of schools are necessary or desirable in meeting their needs and are not inconsistent with the purposes for which the funds were appropriated. It is the intent of the Legislature that Section 35160 be liberally construed to effect this objective. (c) The Legislature further declares that the adoption of this section is a clarification of existing law under Section 35160. (Added by Stats. 1987, Ch. 1452, Sec. 199.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35160.2. Source version: id_d2d9d92a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. For the purposes of Section 35160, “school district” shall include county superintendents of schools and county boards of education. This section shall be interpreted to be declaratory of existing law. (Added by Stats. 1986, Ch. 1124, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35160.5. Source version: id_91147a2c-f764-11ea-ba1b-ed516f9ea407 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. (a) The governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, as a condition for the receipt of inflation adjustments pursuant to Section 42238.02, as implemented by Section 42238.03, shall establish a school district policy regarding participation in extracurricular and cocurricular activities by pupils in grades 7 to 12, inclusive. The criteria, which shall be applied to extracurricular and cocurricular activities, shall ensure that pupil participation is conditioned upon satisfactory educational progress in the previous grading period. (1) For purposes of this subdivision, “extracurricular activity” means a program that has all of the following characteristics: (A) The program is supervised or financed by the school district. (B) Pupils participating in the program represent the school district. (C) Pupils exercise some degree of freedom in either the selection, planning, or control of the program. (D) The program includes both preparation for performance and performance before an audience or spectators. (2) For purposes of this subdivision, an “extracurricular activity” is not part of the regular school curriculum, is not graded, does not offer credit, and does not take place during classroom time. (3) For purposes of this subdivision, a “cocurricular activity” is defined as a program that may be associated with the curriculum in a regular classroom. (4) A teacher-graded or required program or activity for a course that satisfies the entrance requirements for admission to the California State University or the University of California is not an extracurricular or cocurricular activity as defined by this section. (5) For purposes of this subdivision, “satisfactory educational progress” shall include, but not necessarily be limited to, both of the following: (A) Maintenance of minimum passing grades, which is defined as at least a 2.0 grade point average in all enrolled courses on a 4.0 scale. (B) Maintenance of minimum progress toward meeting the high school graduation requirements prescribed by the governing board. (6) For purposes of this subdivision, “previous grading period” does not include a grading period in which the pupil was not in attendance for all, or a majority of, the grading period due to absences excused by the school for reasons such as serious illness or injury, approved travel, or work. In that event, “previous grading period” means the grading period immediately before the grading period or periods excluded pursuant to this paragraph. (7) A program that has, as its primary goal, the improvement of academic or educational achievements of pupils is not an extracurricular or cocurricular activity as defined by this section. (8) (A) The governing board of each school district may adopt, as part of its policy established pursuant to this subdivision, provisions that would allow a pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), in the previous grading period to remain eligible to participate in extracurricular and cocurricular activities during a probationary period. The probationary period shall not exceed one semester in length, but may be for a shorter period of time, as determined by the governing board of the school district. A pupil who does not achieve satisfactory educational progress, as defined in paragraph (5), during the probationary period shall not be allowed to participate in extracurricular and cocurricular activities in the subsequent grading period. (B) Notwithstanding subparagraph (A), the governing board of each school district may adopt a policy that would allow a probationary period to exceed one semester in length through the completion of the 2020–21 school year due to the impact of COVID-19. (9) This subdivision does not preclude the governing board of a school district from imposing a more stringent academic standard than that imposed by this subdivision. If the governing board of a school district imposes a more stringent academic standard, the governing board shall establish the criteria for participation in extracurricular and cocurricular activities at a meeting open to the public pursuant to Section 35145. (10) The governing board of each school district annually shall review the school district policies adopted pursuant to the requirements of this section. (b) (1) On or before July 1, 1994, the governing board of each school district, as a condition for the receipt of school apportionments from the State School Fund, shall adopt rules and regulations establishing a policy of open enrollment within the district for residents of the district. This requirement does not apply to a school district that has only one school or a school district with schools that do not serve any of the same grade levels. (2) The policy shall include all of the following elements: (A) It shall provide that the parent or guardian of each schoolage child who is a resident in the district may select the schools the child shall attend, irrespective of the particular locations of the child’s residence within the district, except that school districts shall retain the authority to maintain appropriate racial and ethnic balances among their respective schools at the school districts’ discretion or as specified in applicable court-ordered or voluntary desegregation plans. (B) It shall include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that selection of pupils to enroll in the school is made through a random, unbiased process that prohibits an evaluation of whether a pupil should be enrolled based upon the pupil’s academic or athletic performance. The governing board of a school district shall calculate the capacity of the schools in the district for purposes of this subdivision in a nonarbitrary manner using pupil enrollment and available space. However, school districts may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. This subdivision shall not be construed to prohibit school districts from using academic performance to determine eligibility for, or placement in, programs for gifted and talented pupils established pursuant to former Chapter 8 (commencing with Section 52200) of Part 28 of Division 4, as that chapter read on January 1, 2014. (C) It shall provide that a pupil who currently resides in the attendance area of a school shall not be displaced by pupils transferring from outside the attendance area. (3) Notwithstanding the requirement of subparagraph (B) of paragraph (2) that the policy include a selection policy for a school that receives requests for admission in excess of the capacity of the school that ensures that the selection is made through a random, unbiased process, the policy may include either of the following elements: (A) (i) It may provide that special circumstances exist that might be harmful or dangerous to a particular pupil in the current attendance area of the pupil, including, but not necessarily limited to, threats of bodily harm or threats to the emotional stability of the pupil, that serve as a basis for granting a priority of attendance outside the current attendance area of the pupil. A finding of harmful or dangerous special circumstances shall be based upon either of the following: (I) A written statement from a representative of the appropriate state or local agency, including, but not necessarily limited to, a law enforcement official or a social worker, or properly licensed or registered professionals, including, but not necessarily limited to, psychiatrists, psychologists, marriage and family therapists, clinical social workers, or professional clinical counselors. (II) A court order, including a temporary restraining order and injunction, issued by a judge. (ii) A finding of harmful or dangerous special circumstances pursuant to this subparagraph may be used by a school district to approve transfers within the district to schools that have been deemed by the school district to be at capacity and otherwise closed to transfers that are not based on harmful or dangerous special circumstances. (B) It may provide that schools receiving requests for admission shall give priority for attendance to siblings of pupils already in attendance in that school and to pupils whose parent or legal guardian is assigned to that school as their primary place of employment. (4) To the extent required and financed by federal law and at the request of the pupil’s parent or guardian, each school district shall provide transportation assistance to the pupil. (Amended by Stats. 2020, Ch. 64, Sec. 1. (AB 908) Effective September 11, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35161. Source version: id_d2db5fce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. The governing board of any school district may execute any powers delegated by law to it or to the district of which it is the governing board, and shall discharge any duty imposed by law upon it or upon the district of which it is the governing board, and may delegate to an officer or employee of the district any of those powers or duties. The governing board, however, retains ultimate responsibility over the performance of those powers or duties so delegated. (Amended by Stats. 1987, Ch. 1452, Sec. 200.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35162. Source version: id_d2db5fd0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. In the name by which the district is designated the governing board may sue and be sued, and hold and convey property for the use and benefit of the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35163. Source version: id_d2db5fd2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. Every official action taken by the governing board of every school district shall be affirmed by a formal vote of the members of the board, and the governing board of every school district shall keep minutes of its meetings, and shall maintain a journal of its proceedings in which shall be recorded every official act taken. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35164. Source version: id_d2db5fd4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. The governing board shall act by majority vote of all of the membership constituting the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35165. Source version: id_d2dce576-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. Notwithstanding any other provision of law, if a school district governing board consists of seven (7) members and not more than two vacancies occur on the governing board, the vacant position or positions shall not be counted for purposes of determining how many members of the board constitute a majority; and, whenever any of the provisions of this code require unanimous action of all or a specific number of the members elected or appointed to the governing board, the vacant position or positions shall be excluded from determination of the total membership constituting the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35166. Source version: id_d2dce578-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. The governing board of each unified school district shall have the same powers and duties as are by law granted to the governing boards of the elementary school districts, and high school districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35167. Source version: id_d2dce57a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. Except where otherwise provided, all of the provisions of this code applicable to the government, maintenance, support, functions, and administration of elementary and high school districts are applicable to the government, maintenance, support, and administration of unified school districts. (Amended by Stats. 1981, Ch. 714, Sec. 86.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35168. Source version: id_bdc04c8e-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. (a) (1) The governing board of a school district, shall establish and maintain a historical inventory, an audit trace inventory system, or any other inventory system authorized by the state board that shall contain the description, name, identification number, date of acquisition, location of use, and original cost, of each item of equipment acquired by the school district that has a current market value that exceeds one thousand five hundred dollars ($1,500) per item. (2) The governing board of a school district shall also include the date and manner of disposal for each item of equipment in the inventory system maintained pursuant to paragraph (1) upon disposal of the item. (3) For purposes of paragraph (1), if a school district does not know the original cost of an item, the school district may use a reasonable estimate of the original cost. (b) (1) The Superintendent shall biennially adjust the threshold market value identified in subdivision (a) by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the 12-month period ending in the prior fiscal year, rounded to the nearest fifty dollars ($50). (2) The Superintendent shall post the adjusted threshold market value calculated in paragraph (1) to the department’s internet website. (Amended by Stats. 2025, Ch. 62, Sec. 1. (AB 629) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35170. Source version: id_d2dce57e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. The governing board of any school district may secure copyrights, in the name of the district, to all copyrightable works developed by the school district, and royalties or revenue from said copyrights are to be for the benefit of the school district securing said copyrights. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35171. Source version: id_d2de6c20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. The governing board of any school district shall adopt and cause to be printed and made available to each certificated employee of the district reasonable rules and regulations providing for the evaluation of the performance of certificated employees in their assigned duties. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35172. Source version: id_d2de6c22-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. The governing board of any school district may: (a) Conduct studies through research and investigation as are determined by it to be required in connection with the present and future management, conditions, needs, and financial support of the schools; or join with other school district governing boards in the conduct of such studies. (b) Install and maintain exhibits of educational programs and activities of the school district at any county fair held in the county in which the district is located in whole or in part, or at any agricultural district fair held in the county in which the school district is located in whole or in part. (c) Inform and make known to the citizens of the district, the educational programs and activities of the schools therein. (d) Subscribe for membership for any school under its jurisdiction in any society, association, or organization which has for its purpose the promotion and advancement of public or private education. (e) Subscribe for membership in, or otherwise become a member of, any national, state or local organization of governing boards of school districts or members thereof which has for its purposes the promotion and advancement of public education through research and investigation, and the cooperation with persons and associations whose interests and purposes are the betterment of the educational opportunities of the children of the state. (f) Select a member or members of the board to attend meetings of any society, association, or organization for which the school district has subscribed for membership, or any convention to which it may pay the expenses of any employee. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35175. Source version: id_d2de6c24-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. The powers and duties of boards of education in cities are as prescribed in the laws governing the respective cities, except as otherwise provided by this code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35177. Source version: id_d2de6c26-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. The governing board of a district may by resolution limit campaign expenditures or contributions in elections to district offices. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35178. Source version: id_d2de6c28-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. A member of the governing board of a school district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the effective date of the resignation, continue to have the right to exercise all powers of a member of the governing board, except that such member shall not have the right to vote for his or her successor in an action taken by the board to make a provisional appointment pursuant to Section 5091. (Added by Stats. 1978, Ch. 267.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4. Powers and Duties [35160 - 35178.4] SECTION 35178.4. Source version: id_61b02520-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4. (a) A school district governing board shall give official notice at a regularly scheduled school board meeting if a public school within the district that has elected to be accredited by the Western Association of Schools and Colleges (WASC) or any other chartered accrediting agency loses its accreditation status. (b) If a school loses its accreditation status, the school district shall notify each parent or guardian of the pupils in the school that the school has lost its accreditation status, in writing, and this notice shall indicate the potential consequences of the school’s loss of accreditation status. This notice shall also be posted on the school district’s Internet Web site and the school’s Internet Web site, if any. (c) A school district that has within its jurisdiction a school that has elected to be accredited by WASC or any other chartered accrediting agency shall require that school to publish all results of any inspection of the school by the accrediting agency not later than 60 days after the results are made available to the school. Publication shall be either by notifying each parent or guardian in writing or by posting the information on the school district’s Internet Web site or the school’s Internet Web site, or by any combination of these methods, as determined by the school district. (Amended by Stats. 2006, Ch. 402, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179. Source version: id_b741e5e8-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. (a) Each school district governing board shall have general control of, and be responsible for, all aspects of the interscholastic athletic policies, programs, and activities in its district, including, but not limited to, eligibility, season of sport, number of sports, personnel, and sports facilities. In addition, the board shall ensure that all interscholastic policies, programs, and activities in its district are in compliance with state and federal law. (b) Governing boards may enter into associations or consortia with other boards for the purpose of governing regional or statewide interscholastic athletic programs by permitting the public schools under their jurisdictions to enter into a voluntary association with other schools for the purpose of enacting and enforcing rules relating to eligibility for, and participation in, interscholastic athletic programs among and between schools. (c) Each governing board, or its designee, shall represent the individual schools located within its jurisdiction in any voluntary association of schools formed or maintained pursuant to this section. (d) No voluntary interscholastic athletic association, of which any public school is a member, shall discriminate against, or deny the benefits of any program to, any person on any basis prohibited by Chapter 2 (commencing with Section 200) of Part 1. (e) Notwithstanding any other provision of law, no voluntary interscholastic athletic association shall deny a school from participating in interscholastic athletic activities because of the religious tenets of the school, regardless of whether that school is directly controlled by a religious organization. (f) Interscholastic athletics is defined as those policies, programs, and activities that are formulated or executed in conjunction with, or in contemplation of, athletic contests between two or more schools, either public or private. (Amended by Stats. 2007, Ch. 130, Sec. 63. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179.1. Source version: id_03321d95-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. (a) This section shall be known, and may be cited, as the 1998 California High School Coaching Education and Training Program. (b) The Legislature finds and declares all of the following: (1) The exploding demand in girls athletics, and an increase in the number of pupils participating in both boys and girls athletics, are causing an increase in the number of coaches needed statewide. (2) Well-trained coaches are vital to the success of the experience of a pupil in sports and interscholastic athletic activities. (3) Improvement in coaching is a primary need identified by hundreds of principals, superintendents, and school board members who participated in the development of a strategic plan for the California Interscholastic Federation (CIF) in 1993 and 1994. (4) There are many concerns about safety, training, organization, philosophy, communications, and general management in coaching that need to be addressed. (5) It is a conservative estimate that at least 25,000 coaches annually need training and an orientation just to meet current coaching regulations contained in Title 5 of the California Code of Regulations, including basic safety and CPR requirements. (6) School districts, in conjunction with the California Interscholastic Federation, have taken the initial first steps toward building a statewide coaching education program by assembling a faculty of statewide trainers composed of school district administrators, coaches, and athletic directors using a national program being used in several states. (c) It is, therefore, the intent of the Legislature to establish a California High School Coaching Education and Training Program. It is the intent of the Legislature that the program be administered by school districts, be updated and rehearsed annually, and emphasize the following components: (1) Development of coaching philosophies consistent with school, school district, and governing board of a school district goals. (2) Sport psychology: emphasizing communication, reinforcement of the efforts of pupils, effective delivery of coaching regarding technique, and motivation of the pupil athlete. (3) Sport pedagogy: how pupil athletes learn, and how to teach sport skills. (4) Sport physiology: principles of training, fitness for sport, development of a training program, nutrition for athletes, and the harmful effects associated with the use of steroids and performance-enhancing dietary supplements by adolescents. (5) Sport management: team management, risk management, and working within the context of an entire school program. (6) Training: certification in CPR, use of an automated external defibrillator (AED), and first aid that includes, but is not limited to, training in recognizing the signs and symptoms of, and responding to, concussions, heat illness, and, by July 1, 2024, cardiac arrest. Certification in CPR and use of an AED shall be consistent with national evidence-based emergency cardiovascular care guidelines. Concussion, heat illness, and cardiac arrest training may be provided by entities offering free, online, or other types of training courses. For purposes of this section, “heat illness” includes heat cramps, heat syncope, heat exhaustion, and exertional heat stroke. (7) Knowledge of, and adherence to, statewide rules and regulations, as well as school regulations, including, but not necessarily limited to, eligibility, gender equity, and discrimination. (8) Sound planning and goal setting. (d) This section does not endorse a particular coaching education or training program. (Amended by Stats. 2023, Ch. 422, Sec. 1. (AB 245) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179.2. Source version: id_d2e17972-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. (a) Subject to funds being appropriated for this purpose in the annual Budget Act, the California Interscholastic Federation is encouraged to establish a statewide panel that includes, at a minimum, the following members: school administrators, school board members, coaches of secondary school athletics, teachers, parents, athletic directors, representatives of higher education, pupils participating in athletics at the secondary school level, and a representative of the State Department of Education, as described in Section 35179.3. (b) The panel established pursuant to subdivision (a) is encouraged to develop an application process whereby public secondary schools may submit applications to the State Department of Education for grants to offset the costs of education and training of athletic coaches in an education and training program that emphasizes the components set forth in subdivision (c) of Section 35179.1. (c) The panel established pursuant to subdivision (a) is encouraged to evaluate applications submitted to the State Department of Education pursuant to subdivision (b) and to recommend applicants to the State Department of Education for the award of dollar-for-dollar matching grants, in an amount determined by the department. (Amended by Stats. 2002, Ch. 1032, Sec. 1. Effective September 28, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179.3. Source version: id_d2e17974-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. If the California Interscholastic Federation establishes a statewide panel pursuant to Section 35179.2, the State Department of Education shall do all of the following: (a) Provide a department representative to assist the panel in developing an application and grant distribution process. (b) Review recommendations submitted by the panel for the award of dollar-for-dollar matching grants to public secondary school applicants. (c) Determine which public secondary school applicants will receive dollar-for-dollar matching grants. (d) Determine the amount of the grants. (Added by Stats. 1998, Ch. 744, Sec. 4. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179.4. Source version: id_083c6617-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. If a school district or charter school elects to offer any interscholastic athletic program, the governing board of the school district or the governing body of the charter school shall ensure that there is a written emergency action plan in place that describes the location of emergency medical equipment and procedures to be followed in the event of sudden cardiac arrest and other medical emergencies, including concussion and heat illness, related to the athletic program’s activities or events. By July 1, 2024, the emergency action plan shall include a description of the manner and frequency at which the procedures to be followed in the event of sudden cardiac arrest and other medical emergencies, including concussion and heat illness, which shall be based on the training described in paragraph (6) of subdivision (c) of Section 35179.1, will be rehearsed. The written emergency action plan shall be posted in compliance with the most recent pertinent guidelines of the National Federation of State High School Associations. (Amended by Stats. 2023, Ch. 589, Sec. 1.5. (AB 1653) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179.5. Source version: id_d5060812-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. (a) (1) If a school district, charter school, or private school elects to offer an athletic program, it shall comply with all of the following: (A) A high school or middle school football team shall not conduct more than two full-contact practices per week during the preseason and regular season. (B) The full-contact portion of a practice shall not exceed 90 minutes in any single day. (C) A high school or middle school football team shall not hold a full-contact practice during the off-season. (2) For purposes of this section, a team camp session shall be deemed to be a practice. (b) The California Interscholastic Federation is urged to develop and adopt rules to implement this section. (c) As used in this section: (1) “Full-contact practice” means a practice where drills or live action is conducted that involves collisions at game speed, where players execute tackles and other activity that is typical of an actual tackle football game. (2) “Off-season” means a period extending from the end of the regular season until 30 days before the commencement of the next regular season. (3) “Preseason” means a period of 30 days before the commencement of the regular season. (4) “Regular season” means the period from the first interscholastic football game or scrimmage until the completion of the final interscholastic football game of that season. (d) This section shall not prohibit the California Interscholastic Federation, an interscholastic athletic league, a school, a school district, or any other appropriate entity from adopting and enforcing rules intended to provide a higher standard of safety for athletes than the standard established under this section. (Added by Stats. 2014, Ch. 165, Sec. 2. (AB 2127) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179.6. Source version: id_e673de79-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. (a) For purposes of this section, “AED” means an automated external defibrillator. (b) (1) Commencing July 1, 2019, if a school district or charter school elects to offer any interscholastic athletic program, the school district or the charter school shall acquire at least one AED for each school that participates in the program within the jurisdiction of the school district or the charter school. The school district or the charter school is encouraged to ensure that the AED or AEDs are available for the purpose of rendering emergency care or treatment within a recommended three to five minutes of sudden cardiac arrest to pupils, spectators, and any other individuals in attendance at the athletic program’s on-campus activities or events, and shall ensure that the AED or AEDs are available to athletic trainers and coaches and authorized persons at these activities or events. (2) If a school district or charter school elects to sponsor or host, in or around a swimming pool, an on-campus event that is not part of an interscholastic athletic program, the school district or charter school shall require at least one adult with a valid certification of cardiopulmonary resuscitation training to be present throughout the duration of the event. The presence of an adult with cardiopulmonary resuscitation training, as mandated by the California Interscholastic Federation coaching education program requirements, would satisfy this paragraph. (c) Subdivision (b) of Section 49417 applies for purposes of determining if an employee of a school district is liable for any civil damages resulting from the employee’s use, attempted use, or nonuse of an AED in the rendering of emergency care or treatment pursuant to this section. (d) Subdivision (c) of Section 49417 applies for purposes of determining if a public school or school district is liable for any civil damages resulting from any act or omission in the rendering of emergency care or treatment pursuant to this section. (e) Except as provided in subdivision (g), if an employee of a charter school complies with Section 1714.21 of the Civil Code in rendering emergency care or treatment through the use, attempted use, or nonuse of an AED at the scene of an emergency, the employee is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (f) Except as provided in subdivision (g), if a charter school complies with the requirements of Section 1797.196 of the Health and Safety Code, the charter school is covered by Section 1714.21 of the Civil Code, and is not liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (g) Subdivisions (e) and (f) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or fails to use an AED to render emergency care or treatment. (h) In order to ensure public safety, each school district or charter school that elects to offer any interscholastic athletic program shall ensure that its AED or AEDs are maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer, the American Heart Association, or the American Red Cross, and according to any applicable rules and regulations set forth by the governmental authority under the federal Food and Drug Administration and any other applicable state and federal authority. (i) This section does not alter the requirements of Section 1797.196 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 679, Sec. 2. (SB 722) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179.7. Source version: id_d2e17976-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. The State Board of Education shall adopt rules and regulations establishing standards of ethical conduct applicable to each temporary, probationary, or permanent employee of a school district providing supervision and instruction in interscholastic athletic programs and activities. These standards shall include, at a minimum, rules and regulations prohibiting these employees from exerting undue influence in a pupil’s decision to enroll in an athletic program at any public or private postsecondary educational institution, or from otherwise influencing a pupil’s decision to enroll in an athletic program for his or her personal gain. (Added by Stats. 1985, Ch. 694, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.5. Interscholastic Athletics [35179 - 35179.8] SECTION 35179.8. Source version: id_a1b217df-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.5. (a) In order to better protect student athletes participating in athletics, no later than July 1, 2024, the California Interscholastic Federation, in consultation with the department, shall develop guidelines, procedures, and safety standards for the prevention and management of exertional heat illness. (b) Guidelines developed pursuant to this section shall identify the environmental conditions at which a school shall limit and prohibit practice and play. These guidelines shall include information regarding the accurate measurement of environmental heat stress at the site of the athletic activity, including the use of Wet Bulb Globe Temperature (WBGT) to determine ambient temperature, relative humidity, wind speed, and solar radiation from the sun, including sun angle and cloud cover. (c) Guidelines developed pursuant to this section shall identify the environmental conditions at which a school shall have a method to institute whole-body cooling to treat a student athlete with exertional heat illness, especially heat stroke, that is easily accessible at all practice and contest venues. (Added by Stats. 2023, Ch. 589, Sec. 2. (AB 1653) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35181. Source version: id_d2e1797a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. The governing board of each school district may convene hearings, make findings, and adopt and issue policy statements setting forth the responsibilities of the pupils of that school district regarding academic performance, attendance, in-school behavior, and any other aspects of school life which the school district governing board may deem relevant to this task. (Added by Stats. 1982, Ch. 302, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35182. Source version: id_d2e1797c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. The governing board of any school district may market or license any noneducational mainframe electronic data-processing software developed by the school district to any person or any public or private corporation or agency. Proceeds from the marketing or licensing of noneducational mainframe electronic data-processing software under this section shall be used exclusively for educational purposes. (Added by Stats. 1984, Ch. 607, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35182.5. Source version: id_445dc97a-e416-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. (a) The Legislature finds and declares all of the following: (1) State and federal laws require all schools participating in meal programs to provide nutritious food and beverages to pupils. (2) State and federal laws restrict the sale of food and beverages in competition with meal programs to enhance the nutritional goals for pupils, and to protect the fiscal and nutritional integrity of the school food service programs. (3) Parents, pupils, and community members should have the opportunity to ensure, through the review of food and beverage contracts, that food and beverages sold on school campuses provide nutritious sustenance to pupils, promote good health, help pupils learn, provide energy, and model fit living for life. (b) For purposes of this section, the following terms have the following meanings: (1) “Nonnutritious beverages” means any beverage that is not any of the following: (A) Drinking water. (B) Milk, including, but not limited to, chocolate milk, soy milk, rice milk, almond milk, and other similar dairy or nondairy milk. (C) An electrolyte replacement beverage that contains 42 grams or less of added sweetener per 20 ounce serving. (D) A 100 percent fruit juice, or fruit-based drink that is composed of 50 percent or more fruit juice and that has no added sweeteners. (2) “Added sweetener” means an additive that enhances the sweetness of the beverage, including, but not limited to, added sugar, but does not include the natural sugar or sugars that are contained within any fruit juice that is a component of the beverage. (3) “Nonnutritious food” means food that is not sold as part of the school breakfast or lunch program as a full meal, and that meets any of the following standards: (A) More than 35 percent of its total calories are from fat. (B) More than 10 percent of its total calories are from saturated fat. (C) More than 35 percent of its total weight is composed of sugar. This subparagraph does not apply to the sale of fruits or vegetables. (c) The governing board of a school district shall not do any of the following: (1) Enter into or renew a contract, or permit a school within the school district to enter into or renew a contract, that grants exclusive or nonexclusive advertising or grants the right to the exclusive or nonexclusive sale of carbonated beverages, nonnutritious beverages, or nonnutritious food within the school district to a person, business, or corporation, unless the governing board of the school district does all of the following: (A) Adopts a policy after a public hearing of the governing board of the school district to ensure that the school district has internal controls in place to protect the integrity of the public funds and to ensure that funds raised benefit public education, and that the contracts are entered into on a competitive basis pursuant to procedures contained in Section 20111 of the Public Contract Code or through the issuance of a request for proposal. (B) Provides to parents, guardians, pupils, and members of the public the opportunity to comment on the contract by holding a public hearing on the contract during a regularly scheduled meeting of the governing board of the school district. The governing board of the school district shall clearly, and in a manner recognizable to the general public, identify in the agenda the contract to be discussed at the meeting. (2) Enter into a contract that prohibits a school district employee from disparaging the goods or services of the party contracting with the governing board of the school district. (3) Enter into a contract or permit a school within the school district to enter into a contract for electronic products or services that requires the dissemination of advertising to pupils, unless the governing board of the school district does all of the following: (A) Enters into the contract at a noticed public hearing of the governing board of the school district. (B) Makes a finding that the electronic product or service in question is or would be an integral component of the education of pupils. (C) Makes a finding that the school district cannot afford to provide the electronic product or service unless it contracts to permit dissemination of advertising to pupils. (D) Provides written notice to the parents or guardians of pupils that the advertising will be used in the classroom or other learning centers. This notice shall be part of the school district’s normal ongoing communication to parents or guardians. (E) Offers the parents the opportunity to request in writing that the pupil not be exposed to the program that contains the advertising. A request shall be honored for the school year in which it is submitted, or longer if specified, but may be withdrawn by the parent or guardian at any time. (d) A governing board of the school district may meet the public hearing requirement set forth in subparagraph (B) of paragraph (1) of subdivision (c) for those contracts that grant the right to the exclusive or nonexclusive sale of carbonated beverages, nonnutritious beverages, or nonnutritious food within the school district, by an annual public hearing to review and discuss existing and potential contracts for the sale of food and beverages on campuses, including food and beverages sold as full meals, through competitive sales, as fundraisers, and through vending machines. (1) The public hearing shall include, but not be limited to, a discussion of all of the following: (A) The nutritional value of food and beverages sold within the school district. (B) The availability of fresh fruit, vegetables, and grains in school meals and snacks, including, but not limited to, locally grown and organic produce. (C) The amount of fat, sugar, and additives in the food and beverages discussed. (D) Barriers to pupil participation in school breakfast and lunch programs. (2) A school district that holds an annual public hearing consistent with this subdivision is not released from the public hearing requirements set forth in subparagraph (B) of paragraph (1) of subdivision (c) for those contracts not discussed at the annual public hearing. (e) The governing board of the school district shall make accessible to the public a contract entered into pursuant to paragraph (1) of subdivision (c) and shall not include in that contract a confidentiality clause that would prevent a school or school district from making any part of the contract public. (f) The governing board of a school district may sell advertising, products, or services on a nonexclusive basis. (g) The governing board of a school district may post public signs indicating the school district’s appreciation for the support of a person or business for the school district’s education program. (h) Contracts entered into before January 1, 2004, may remain in effect, but shall not be renewed if they are in conflict with this section. (Amended by Stats. 2017, Ch. 382, Sec. 1. (AB 691) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35183. Source version: id_d2e30020-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. (a) The Legislature finds and declares each of the following: (1) The children of this state have the right to an effective public school education. Both students and staff of the primary, elementary, junior and senior high school campuses have the constitutional right to be safe and secure in their persons at school. However, children in many of our public schools are forced to focus on the threat of violence and the messages of violence contained in many aspects of our society, particularly reflected in gang regalia that disrupts the learning environment. (2) “Gang-related apparel” is hazardous to the health and safety of the school environment. (3) Instructing teachers and administrators on the subtleties of identifying constantly changing gang regalia and gang affiliation takes an increasing amount of time away from educating our children. (4) Weapons, including firearms and knives, have become common place upon even our elementary school campuses. Students often conceal weapons by wearing clothing, such as jumpsuits and overcoats, and by carrying large bags. (5) The adoption of a schoolwide uniform policy is a reasonable way to provide some protection for students. A required uniform may protect students from being associated with any particular gang. Moreover, by requiring schoolwide uniforms teachers and administrators may not need to occupy as much of their time learning the subtleties of gang regalia. (6) To control the environment in public schools to facilitate and maintain an effective learning environment and to keep the focus of the classroom on learning and not personal safety, schools need the authorization to implement uniform clothing requirements for our public school children. (7) Many educators believe that school dress significantly influences pupil behavior. This influence is evident on school dressup days and color days. Schools that have adopted school uniforms experience a “coming together feeling,” greater school pride, and better behavior in and out of the classroom. (b) The governing board of any school district may adopt or rescind a reasonable dress code policy that requires pupils to wear a schoolwide uniform or prohibits pupils from wearing “gang-related apparel” if the governing board of the school district approves a plan that may be initiated by an individual school’s principal, staff, and parents and determines that the policy is necessary for the health and safety of the school environment. Individual schools may include the reasonable dress code policy as part of its school safety plan, pursuant to Section 32281. (c) Adoption and enforcement of a reasonable dress code policy pursuant to subdivision (b) is not a violation of Section 48950. For purposes of this section, Section 48950 shall apply to elementary, high school, and unified school districts. If a schoolwide uniform is required, the specific uniform selected shall be determined by the principal, staff, and parents of the individual school. (d) A dress code policy that requires pupils to wear a schoolwide uniform shall not be implemented with less than six months’ notice to parents and the availability of resources to assist economically disadvantaged pupils. (e) The governing board shall provide a method whereby parents may choose not to have their children comply with an adopted school uniform policy. (f) If a governing board chooses to adopt a policy pursuant to this section, the policy shall include a provision that no pupil shall be penalized academically or otherwise discriminated against nor denied attendance to school if the pupil’s parents chose not to have the pupil comply with the school uniform policy. The governing board shall continue to have responsibility for the appropriate education of those pupils. (g) A policy adopted pursuant to this section shall not preclude pupils that participate in a nationally recognized youth organization from wearing organization uniforms on days that the organization has a scheduled meeting. (Amended by Stats. 2003, Ch. 828, Sec. 10. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35183.1. Source version: id_c2dce490-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. (a) A pupil may wear traditional tribal regalia or recognized objects of religious or cultural significance, as determined by the pupil and the pupil’s family, as an adornment at school graduation ceremonies or related school events. (b) A local educational agency shall not require either of the following: (1) A preapproval process for a pupil to exercise the pupil’s rights pursuant to subdivision (a). (2) A pupil to wear a cap if the cap is incompatible with the adornment. (c) This section does not limit a local educational agency’s discretion and authority to prohibit an item that is likely to cause a substantial disruption of, or material interference with, the ceremony. (d) For purposes of this section, the following definitions apply: (1) “Adornment” means either of the following: (A) Something attached to, worn with, or worn in place of, the cap customarily worn at school graduation ceremonies. (B) Something attached to or worn with, but not replacing, the gown customarily worn at school graduation ceremonies. (2) “Cultural” means recognized practices and traditions of a certain group of people. (3) “Local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2025, Ch. 133, Sec. 1. (AB 1369) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35183.3. Source version: id_85a348bb-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. Notwithstanding any other provision of law, a person shall have the right to wear a dress uniform issued to him or her by a branch of the United States Armed Forces while participating in the graduation ceremony for his or her high school if that person meets both of the following requirements: (a) He or she has fulfilled all of the requirements of this code for receiving a diploma of graduation from high school, and is otherwise eligible to participate in the graduation ceremony. (b) He or she has completed basic training for, and is an active member of, a branch of the United States Armed Forces. (Added by Stats. 2009, Ch. 296, Sec. 1. (AB 1463) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35183.5. Source version: id_d2e30022-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. (a) (1) Each schoolsite shall allow for outdoor use during the schoolday, articles of sun-protective clothing, including, but not limited to, hats. (2) Each schoolsite may set a policy related to the type of sun-protective clothing, including, but not limited to, hats, that pupils will be allowed to use outdoors pursuant to paragraph (1). Specific clothing and hats determined by the school district or schoolsite to be gang-related or inappropriate apparel may be prohibited by the dress code policy. (b) (1) Each schoolsite shall allow pupils the use of sunscreen during the schoolday without a physician’s note or prescription. (2) Each schoolsite may set a policy related to the use of sunscreen by pupils during the schoolday. (3) For purposes of this subdivision, sunscreen is not an over-the-counter medication. (4) Nothing in this subdivision requires school personnel to assist pupils in applying sunscreen. (Amended by Stats. 2002, Ch. 266, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35184. Source version: id_d2e486c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. (a) Notwithstanding any other provision of law, the governing board of a high school district may enter into a contract with the governing board of any of its feeder elementary school districts to provide instruction at the schools of the high school district to all or a portion of the pupils enrolled in the sixth grade at the contracting elementary school district. (b) For the purpose of computing allowances and apportionments pursuant to Chapter 4 (commencing with Section 41600) and Article 2 (commencing with Section 42230) of Chapter 7 of Part 24, the contracting elementary school shall continue to report average daily attendance for those sixth grade pupils. Upon receipt of any funds allocated to the elementary school district based upon the average daily attendance reported for those sixth grade pupils, the contracting elementary school district shall transfer those moneys to the contracting high school district. (Added by Stats. 1993, Ch. 1296, Sec. 3. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35185. Source version: id_d2e486c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. A school district may require proof of registration pursuant to Article 8.2 (commencing with Section 12620) of Chapter 6 of Division 3 of Title 2 of the Government Code, as a condition to agreement to enroll that student. (Added by Stats. 1994, Ch. 825, Sec. 3. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 4.7. Miscellaneous Administrative Authority [35181 - 35186] SECTION 35186. Source version: id_7737cbe2-5c92-11ee-8099-c71447addb82 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=4.7. (a) A school district shall use the uniform complaint process it has adopted as required by Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, with modifications, as necessary, to help identify and resolve any deficiencies related to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignment. (1) A complaint may be filed anonymously. A complainant who identifies themselves is entitled to a response if the complainant indicates that a response is requested. A complaint form shall include a space to mark to indicate whether a response is requested. If Section 48985 is otherwise applicable, the response, if requested, and report shall be written in English and the primary language in which the complaint was filed. All complaints and responses are public records. (2) The complaint form shall specify the location for filing a complaint. A complainant may add as much text to explain the complaint as the complainant wishes. (3) A complaint shall be filed with the principal of the school or the principal’s designee. A complaint about problems beyond the authority of the school principal shall be forwarded in a timely manner but not to exceed 10 working days to the appropriate school district official for resolution. (b) The principal or the designee of the district superintendent, as applicable, shall make all reasonable efforts to investigate any problem within their authority. The principal or designee of the district superintendent shall remedy a valid complaint within a reasonable time period but not to exceed 30 working days from the date the complaint was received. The principal or designee of the district superintendent shall report to the complainant the resolution of the complaint within 45 working days of the initial filing. If the principal makes this report, the principal shall also report the same information in the same timeframe to the designee of the district superintendent. (c) A complainant not satisfied with the resolution of the principal or the designee of the district superintendent has the right to describe the complaint to the governing board of the school district at a regularly scheduled hearing of the governing board of the school district. As to complaints involving a condition of a facility that poses an emergency or urgent threat, as defined in paragraph (1) of subdivision (c) of Section 17592.72, a complainant who is not satisfied with the resolution proffered by the principal or the designee of the district superintendent has the right to file an appeal to the Superintendent, who shall provide a written report to the state board describing the basis for the complaint and, as appropriate, a proposed remedy for the issue described in the complaint. (d) Notwithstanding the provisions of this section or any other law, a complaint pursuant to paragraph (1) of subdivision (f) that more than one pupil does not have sufficient textbooks or instructional materials, as defined in subdivision (c) of Section 60119, as the result of an act by the governing board of a school district, or the governing board’s failure to act to remedy the deficiency, may be filed with the Superintendent directly. In responding to such a complaint, the Superintendent may directly intervene without waiting for an investigation under subdivisions (a), (b), and (c). A complaint filed pursuant to this subdivision shall identify the basis for filing the complaint directly with the Superintendent. The complainant shall present the Superintendent with evidence that supports the basis for the direct filing. (e) A school district shall report summarized data on the nature and resolution of all complaints on a quarterly basis to the county superintendent of schools and the governing board of the school district. The summaries shall be publicly reported on a quarterly basis at a regularly scheduled meeting of the governing board of the school district. The report shall include the number of complaints by general subject area with the number of resolved and unresolved complaints. The complaints and written responses shall be available as public records. (f) The procedure required pursuant to this section is intended to address all of the following: (1) A complaint related to instructional materials as follows: (A) A pupil, including an English learner, does not have standards-aligned textbooks or instructional materials or state-adopted or district-adopted textbooks or other required instructional material to use in class. (B) A pupil does not have access to instructional materials to use at home or after school. (C) Textbooks or instructional materials are in poor or unusable condition, have missing pages, or are unreadable due to damage. (2) A complaint related to teacher vacancy or misassignment as follows: (A) A semester begins and a teacher vacancy exists. (B) A teacher who lacks credentials or training to teach English learners is assigned to teach a class with one or more English learner pupils in the class. This subparagraph does not relieve a school district from complying with state or federal law regarding teachers of English learners. (C) A teacher is assigned to teach a class for which the teacher lacks subject matter competency. (3) A complaint related to the condition of facilities that pose an emergency or urgent threat to the health or safety of pupils or staff as defined in paragraph (1) of subdivision (c) of Section 17592.72 and any other emergency conditions the school district determines appropriate and the requirements established pursuant to subdivision (a) of Section 35292.5. (g) In order to identify appropriate subjects of complaint, a notice shall be posted in each classroom in each school in the school district notifying parents, guardians, pupils, and teachers of the following: (1) There should be sufficient textbooks and instructional materials. For there to be sufficient textbooks and instructional materials each pupil, including English learners, must have a textbook or instructional materials, or both, to use in class and to take home. (2) School facilities must be clean, safe, and maintained in good repair. (3) There should be no teacher vacancies or misassignments as defined in paragraphs (2) and (3) of subdivision (i). (4) The location at which to obtain a form to file a complaint in case of a shortage. Posting a notice downloadable from the internet website of the department shall satisfy this requirement. (h) A local educational agency shall establish local policies and procedures, post notices, and implement this section. (i) For purposes of this section, the following definitions apply: (1) “Good repair” has the same meaning as specified in subdivision (d) of Section 17002. (2) “Misassignment” means the placement of a certificated employee in a teaching or services position for which the employee does not hold a legally recognized certificate or credential or the placement of a certificated employee in a teaching or services position that the employee is not otherwise authorized by statute to hold. (3) “Teacher vacancy” means a position to which a single designated certificated employee has not been assigned at the beginning of the year for an entire year or, if the position is for a one-semester course, a position to which a single designated certificated employee has not been assigned at the beginning of a semester for an entire semester. (Amended by Stats. 2023, Ch. 229, Sec. 6. (AB 1078) Effective September 25, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 5. Instructions From Electors [35190 - 35192] SECTION 35190. Source version: id_d2e60d6c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=5. The governing board of a school district, except a district having a city board of education, may, and upon a petition signed by a majority of the electors resident in the district shall, call meetings of the qualified electors of the district for consultation in regard to any affairs in the district. A meeting so called shall be competent to instruct the governing board, and the board shall, in all cases, be bound by such instructions upon the following subjects: (a) The location or change of location of the schoolhouse, if the proposal to instruct the board in regard to changing the location of the schoolhouse is passed by a vote of two-thirds of all the electors voting at the meeting upon the proposition. (b) The use of the schoolhouse for other than school purposes, but in no case shall the schoolhouse be used for purposes which necessitate the removal of any school desks or other school furniture. (c) The sale and purchase of school sites. (d) The prosecution, settlement, or compromise of any litigation in which the district is engaged, or is likely to become engaged. The meeting may vote money not exceeding one hundred dollars ($100) in any one year, for any of these purposes in addition to any amount which may be raised by the sale of district school property, and the insurance of property destroyed by fire, except that the proceeds of the insurance of the library and apparatus shall be paid into the library fund. All funds raised by the sale of school property may be disposed of by direction of a district meeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 5. Instructions From Electors [35190 - 35192] SECTION 35191. Source version: id_d2e60d6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=5. The meeting provided for in Section 35190 shall be called by posting three notices in public places, one of which shall be in a conspicuous place on the schoolhouse, for not less than 10 days prior to the time for which the meeting is called. The notices shall specify the purposes for which the meeting is called, and no other business shall be transacted at the meeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 5. Instructions From Electors [35190 - 35192] SECTION 35192. Source version: id_d2e79410-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=5. Any district meeting called pursuant to Sections 35190 and 35191 shall be organized by choosing a chairman from the electors present. The district clerk or secretary shall be clerk of the meeting, and shall enter the minutes on the records of the district. Any district meeting may be adjourned from time to time as found necessary. All votes instructing the board of trustees shall be taken by ballot, or by “ayes” and “noes” vote as the meeting may determine. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35200. Source version: id_d2e79414-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. The governing board of any school district is liable as such in the name of the district for all debts and contracts, including the salary due any teacher, not made in excess of the school moneys accruing to the district and usable for the purposes of the debts and contracts during the school year for which the debts and contracts are made. The district shall not be liable for debts and contracts made in violation of this section. For the purposes of this section, moneys transferred to the funds of a newly organized school district pursuant to Section 42623 are deemed school moneys accruing to the district and usable for the purposes of contracts made for the school year preceding the date the district became effective for all purposes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35202. Source version: id_d2e79416-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. All claims for money or damages against a school district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35204. Source version: id_d2e79418-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. The governing board of any school district, may contract for the services of an attorney in private practice, as an employee or independent contractor, or utilize an administrative adviser for whatever purpose the governing board deems appropriate, and compensation of this attorney pursuant to contract shall be a proper use of school district funds. For purposes of this section, “an attorney in private practice” includes a sole practitioner, partnership, or professional corporation. (Amended by Stats. 1992, Ch. 696, Sec. 7. Effective September 15, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35205. Source version: id_d2e7941a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. The governing board of any school district may contract with a qualified attorney in private practice to provide legal services and compensation of this attorney in private practice pursuant to contract under this section shall be a proper use of school district funds. (Amended by Stats. 1992, Ch. 696, Sec. 8. Effective September 15, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35207. Source version: id_d2e91abc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. The governing board of any school district, may contract for the services of a hearing officer pursuant to the provisions of Chapter 14 (commencing with Section 27720), Part 3, Division 2, Title 3 of the Government Code and, for purposes of that chapter, the governing board is deemed to be a local body and the school district a local public entity. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35208. Source version: id_d2e91abe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. (a) The governing board of any school district shall insure against: (1) The liability, other than a liability which may be insured against under the provisions of Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property; and (2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer or employee when acting within the scope of his office or employment. (b) The insurance may be written in any insurance company authorized to transact the business of insurance in the state, or in a nonadmitted insurer to the extent and subject to the conditions prescribed by Section 1763 of the Insurance Code. (c) Nothing in this section is intended to limit or restrict the authority of the district to insure under Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35211. Source version: id_d2e91ac0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. The governing board of any school district maintaining a course of automobile driver training shall advise the parents or guardians or persons having custody of pupils of the district participating in automobile driver training courses under the jurisdiction of, or sponsored or controlled by, the district, who have signed the statement required by Section 12650 of the Vehicle Code or an application for a driver’s license under Section 17701 of the Vehicle Code, of each of the following: (a) Any civil liability of the minor which will be imposed on the parent, guardian, or other person by reason of such minor operating a motor vehicle. (b) The insurance coverage carried by the school district, with respect to the use of motor vehicles in connection with such courses, specifically including any limitations of such coverage which limit such coverage to an amount less than the liability imposed on the parent, guardian, or other person, or which limit the nature of such coverage to exclude any activity or situation included within the liability so imposed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35213. Source version: id_d2e91ac2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. The governing body of a school district may provide by rule or regulation for the reimbursement of any person or persons for the loss, destruction, or damage by arson, burglary or vandalism of personal property used in the schools of the district. Reimbursement shall be made only when approval for the use of the personal property in the schools was given before the property was brought to school and when the value of the property was agreed upon by the person or persons bringing the property and the school administrator or person appointed by him for this purpose at the time the approval for its use was given. The governing body may establish a maximum value of reimbursement which will be paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6. Liabilities [35200 - 35214] SECTION 35214. Source version: id_d2e91ac4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6. The board of governors of a school district may provide protection from its own funds for the purpose of covering the liability of the district, its officers, agents, and employees, in lieu of carrying insurance in insurance companies as provided in Section 35208. Nothing contained herein shall be construed as prohibiting the board of education of the district from providing protection against such liability partly by means of its own funds and partly by means of insurance written by insurance companies as provided in Section 35208. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6.5. Training [35220 - 35223] SECTION 35220. Source version: id_cffacf40-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6.5. For purposes of this article, the following definitions apply: (a) “Entity managing a charter school” means a nonprofit public benefit corporation operating a charter school consistent with Section 47604. (b) “K–12 public education school finance laws” includes both of the following: (1) Laws related to the creation and approval of a local educational agency budget to support pupil learning and achievement, including, but not limited to, Chapter 6 (commencing with Section 42100) of Part 24. (2) Laws related to fiscal penalties for noncompliance, including, but not limited to, those in Chapter 7 (commencing with Section 42238) of Part 24, Chapter 2 (commencing with Section 46100) of Part 26 of Division 4, including Sections 46207 and 46208, Chapter 1 (commencing with Section 47600) of Part 26.8 of Division 4, Sections 45037, 47612.5, 51745.6, 51749.5, and 60150, and Section 11960 of Title 5 of the California Code of Regulations. (c) “Local educational agency” means a school district, county office of education, or charter school. (d) (1) “Local educational agency official” means either of the following: (A) Any regular member of the governing board of a school district or of a county board of education. (B) Any regular member of the governing body of a charter school or of an entity managing a charter school. (2) For purposes of paragraph (1), “regular member” has the same meaning as in Section 1000, 35012, or 47604.2 that is applicable to a school district, county office of education, or charter school. (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6.5. Training [35220 - 35223] SECTION 35220.5. Source version: id_cffacf42-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6.5. (a) (1) The County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 shall, in consultation with the department, develop, on or before October 1, 2026, a curriculum for the topics described in subdivision (b) of Section 35220 that shall be used to satisfy the requirement of subdivision (a) of Section 35221. The curriculum shall be posted on the internet websites of the County Office Fiscal Crisis and Management Assistance Team and the department. (2) In developing the curriculum pursuant to paragraph (1), the County Office Fiscal Crisis and Management Assistance Team shall solicit input from experts in the topics described in subdivision (b) of Section 35220 and the public. (b) The curriculum developed pursuant to subdivision (a) shall be updated periodically to reflect statutory changes to the laws described in subdivision (b) of Section 35220. (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6.5. Training [35220 - 35223] SECTION 35221. Source version: id_cffacf44-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6.5. (a) Each local educational agency official shall receive training in K–12 public education school finance laws pursuant to this article. (b) An entity offering training courses to meet the requirements of this article shall use the curriculum developed pursuant to Section 35220.5. (c) (1) In order to meet the requirement of subdivision (a), a local educational agency or a consortium of local educational agencies shall only use the following methods: (A) Offer training courses using local educational agency employees or contracted legal counsel with demonstrable experience in the applicable topic described in subdivision (b) of Section 35220 for which it will provide training. (B) (i) Arrange for its local educational agency officials to receive training courses through an entity that meets all of the following requirements: (I) One of the entity’s primary functions is supporting local educational agencies with technical assistance and expertise in the applicable topic described in subdivision (b) of Section 35220 for which it will provide training. (II) The entity has demonstrable experience supporting local educational agencies with technical assistance and expertise. (III) The entity has trainers that each possess demonstrable experience in the applicable topic described in subdivision (b) of Section 35220 for which it will provide training. (ii) (I) Local educational agency officials of school districts and county offices of education shall only receive training from an entity described in clause (i) with demonstrable experience supporting school districts and county offices of education with technical assistance and expertise, or as provided by subparagraph (A) (C), or (D). (II) Local educational agency officials of charter schools or an entity managing charter schools shall only receive training from an entity with demonstrable experience supporting charter schools with technical assistance and expertise, or as provided by subparagraph (A) (C), or (D). (C) Arrange for its local educational agency officials to receive training courses through the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8. The County Office Fiscal Crisis and Management Assistance Team may charge a fee to local educational agencies for providing the training. (D) Arrange for its local educational agency officials to receive training courses through a nonprofit statewide education association led by officials who govern school districts and county offices of education. (E) Offer their own, or arrange through a different entity that meets the requirements of subparagraph (B) (C), or (D), sets of self-study materials with tests. (2) Courses offered or arranged pursuant to subparagraph (A), (B), (C), or (D) of paragraph (1), as applicable, may be taken at home, in person, or online. (d) A local educational agency official that has successfully completed the California School Boards Association’s Masters in Governance program and provides their local educational agency with proof of their participation and completion of the program, to comply with Section 35222, shall be exempt from the requirement of subdivision (a). (e) A training course covering the topics described in subdivision (b) of Section 35220 shall be no longer than four hours. (f) A provider of a training course that meets the requirements of this article shall provide participants with proof of participation to comply with Section 35222. (g) A local educational agency shall provide information to its officials at least annually on training available to meet the requirements of this article. (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6.5. Training [35220 - 35223] SECTION 35222. Source version: id_cffacf46-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6.5. (a) A local educational agency shall maintain records showing both of the following: (1) The dates on which each local educational agency official satisfied the requirements of this article. (2) The entity that provided the training to the local educational agency official. (b) Notwithstanding any other law, a local educational agency shall maintain the records required by this section for at least five years after a local educational agency official receives the training. These records are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 6.5. Training [35220 - 35223] SECTION 35223. Source version: id_cffacf48-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=6.5. (a) Each local educational agency official in local educational agency service as of April 1, 2027, except for officials whose term of office ends before April 1, 2028, shall receive the training required by subdivision (a) of Section 35221 before April 1, 2028. (b) Each local educational agency official who commences their initial service, or who commences a subsequent nonconsecutive term, with a local educational agency on or after April 1, 2027, shall receive the training required by subdivision (a) of Section 35221 no later than one year from the first day of their initial service, or of their subsequent nonconsecutive term, as applicable, with the local educational agency. Each local educational agency official described in this subdivision is encouraged to begin the training required by subdivision (a) of Section 35221 before the first meeting of the governing board or body that occurs after the election or appointment of the official. (c) For purposes of this article, a local educational agency official who received training pursuant to subdivision (a) or (b) during their initial term, and who then serves one or more consecutive terms, shall be deemed to have complied with the requirements of this article. (Added by Stats. 2025, Ch. 618, Sec. 1. (AB 640) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 7. Corrupt Practices [35230 - 35240] SECTION 35230. Source version: id_d2eaa168-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=7. The offering of any valuable thing to any member of the governing board of any school district, with the intent to influence his action in regard to the granting of any teacher’s certificate, the appointment of any teacher, superintendent, or other officer or employee, the adoption of any textbook, or the making of any contract to which the board of which he is a member is a party, or the acceptance by any member of the governing board of any valuable thing, with corrupt intent, is a misdemeanor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 7. Corrupt Practices [35230 - 35240] SECTION 35231. Source version: id_d2eaa16a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=7. Any contract or appointment obtained from the governing board of any school district by corrupt means is void. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 7. Corrupt Practices [35230 - 35240] SECTION 35232. Source version: id_d2eaa16c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=7. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who is charged with any offense described in Sections 35230 or 35231. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 7. Corrupt Practices [35230 - 35240] SECTION 35233. Source version: id_d2eaa16e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=7. The prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code are applicable to members of governing boards of school districts and to members of citizens’ oversight committees appointed by those governing boards pursuant to Chapter 1.5 (commencing with Section 15264) of Part 10. (Amended by Stats. 2000, Ch. 44, Sec. 4. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 7. Corrupt Practices [35230 - 35240] SECTION 35239. Source version: id_d2eaa170-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=7. (a) In a school district which during the preceding fiscal year had an average daily attendance of 70 or less, a member of the governing board may receive a reasonable compensation from the district for necessary work and labor performed by him or her for the district in repairing the schoolhouse, fences, and other property belonging to the district, or in furnishing wood or other necessary supplies. (b) In a school district which during the preceding fiscal year had an average daily attendance of 70 or less, a member of the governing board may receive a reasonable compensation from the district for providing services in a classified position if the collective bargaining agent for classified employees in that district and the governing board concur that no other qualified person is available. (c) The requisition drawn pursuant to subdivision (a) or (b) for payment for services or supplies shall be signed by the other members of the governing board and shall be subject to approval by the county superintendent of schools. (Amended by Stats. 1987, Ch. 56, Sec. 39.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 7. Corrupt Practices [35230 - 35240] SECTION 35240. Source version: id_d2eaa172-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=7. Any contract made in violation of Section 35239 is void. (Amended by Stats. 1985, Ch. 816, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35250. Source version: id_d2ec2816-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. The governing board of every school district shall: (a) Certify or attest to actions taken by the governing board whenever such certification or attestation is required for any purpose. (b) Keep an accurate account of the receipts and expenditures of school moneys. (c) Make an annual report, on or before the first day of July, to the county superintendent of schools in the manner and form and on the blanks prescribed by the Superintendent of Public Instruction. (d) Make or maintain such other records or reports as are required by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35251. Source version: id_d2ec2818-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. Whenever in any school year the school register of any teacher, or other records of any school district are destroyed by conflagration or public calamity, preventing the teacher and school officers from making their annual reports in the usual manner and with accuracy, affidavits of the teacher, the school principals, or other officers of the school district, certifying as to the contents of the destroyed register or other records, shall be accepted by all school authorities for all school purposes appertaining to the school district, except that of average daily attendance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35252. Source version: id_d2ec281a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. Whenever the average daily attendance of any school district has been materially affected in any school year by conflagration, public calamity, or epidemic of unusual duration and prevalence, the regular annual reports of the teacher, the school principal, or officers of the school district, shall be accepted by all school officers for all school matters appertaining to the school district, except that of average daily attendance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35253. Source version: id_ea07daab-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. Whenever the destruction of records of a school district is not otherwise authorized or provided for by law, the governing board of the district may destroy those records of the school district in accordance with regulations of the Superintendent that the Superintendent may by this provision adopt. (Amended by Stats. 2021, Ch. 666, Sec. 25. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35254. Source version: id_d2ec281e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. The governing board of any school district may make photographic, microfilm, or electronic copies of any records of the district. The original of any records of which a photographic, microfilm, or electronic copy has been made may be destroyed when provision is made for permanently maintaining the photographic, microfilm or electronic copies in the files of the district, except that no original record that is basic to any required audit shall be destroyed prior to the second July 1st succeeding the completion of the audit. (Amended by Stats. 1999, Ch. 646, Sec. 10. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35255. Source version: id_d2ec2820-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. In any joint school district, all returns, reports, certificates, estimates, petitions, and other papers of any kind relating to schools and school districts, required by law to be filed with or presented to the board of supervisors or county superintendent of schools, shall be filed with or presented to the supervisors or superintendent of schools of each county in which any portion of the district is situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35256. Source version: id_b794e7ea-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. School Accountability Report Card The governing board of each school district maintaining an elementary or secondary school shall develop and cause to be implemented for each school in the school district a School Accountability Report Card. (a) The School Accountability Report Card shall include, but is not limited to, the conditions listed in Section 33126. (b) Not less than triennially, the governing board of each school district shall compare the content of the School Accountability Report Card of the school district to the model School Accountability Report Card adopted by the state board. Variances among school districts shall be permitted where necessary to account for local needs. (c) The governing board of each school district annually shall issue a School Accountability Report Card for each school in the school district, publicize those reports, and notify parents or guardians of pupils that a hard copy will be provided upon request. Commencing with the 2008–09 school year, each school district shall make hard copies of its annually updated report card available, upon request, on or before February 1 of each year. (Amended by Stats. 2007, Ch. 530, Sec. 3. Effective January 1, 2008. Note: This section was added on Nov. 8, 1988, by initiative Prop. 98.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35256.1. Source version: id_d2edaec4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. In addition to the information required under Section 35256, each School Accountability Report Card shall include the information required under Section 41409.3. (Added by Stats. 1989, Ch. 1463, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8. Records and Reports [35250 - 35258] SECTION 35258. Source version: id_b7e79bcc-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8. (a) Each school district that is connected to the Internet shall make the information contained in the School Accountability Report Card developed pursuant to Section 35256 accessible on the Internet. The School Accountability Report Card information shall be updated annually. Commencing with the 2008–09 school year, each school district connected to the Internet shall make its annually updated report card available on the Internet on or before February 1 of each year. (b) Commencing with the 2008–09 school year, each school district not connected to the Internet shall make hard copies of its annually updated School Accountability Report Card available, pursuant to subdivision (c) of Section 35256, on or before February 1 of each year. (Amended by Stats. 2007, Ch. 530, Sec. 4. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8.5. Cybersecurity [35265 - 35267] SECTION 35265. Source version: id_398bbe80-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8.5. For purposes of this article, the following definitions apply: (a) “California Cybersecurity Integration Center” or “Center” means the California Cybersecurity Integration Center established by the Office of Emergency Services pursuant to Section 8586.5 of the Government Code. (b) “Cyberattack” means either of the following: (1) Any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by unauthorized access. (2) The unauthorized denial of access to legitimate users of a computer system, computer network, computer program, or data. (c) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 498, Sec. 1. (AB 2355) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 35267.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8.5. Cybersecurity [35265 - 35267] SECTION 35266. Source version: id_398bbe82-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8.5. (a) A local educational agency shall report any cyberattack impacting more than 500 pupils or personnel to the California Cybersecurity Integration Center. (b) (1) The California Cybersecurity Integration Center shall establish a database that tracks reports of cyberattacks submitted by local educational agencies pursuant to this section. The Center shall annually, by January 1, provide a report to the Governor and the relevant policy committees of the Legislature summarizing the types and number of cyberattacks on local educational agencies, the types and number of data breaches affecting local educational agencies that have been reported to the Attorney General pursuant to Sections 1798.29 and 1798.82 of the Civil Code, any activities provided by the Center to prevent cyberattacks or data breaches of a local educational agency, and support provided by the Center following a cyberattack or data breach of a local educational agency. (2) The Attorney General shall share sample copies of data breach notifications received from local educational agencies pursuant to Sections 1798.29 and 1798.82 of the Civil Code, excluding any personally identifiable information, with the Center for the purpose of compiling this report. (c) Nothing in this section shall be construed to affect any disclosure or notification requirements pursuant to Sections 1798.29 and 1798.82 of the Civil Code. (Added by Stats. 2022, Ch. 498, Sec. 1. (AB 2355) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 35267.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 8.5. Cybersecurity [35265 - 35267] SECTION 35267. Source version: id_398be594-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=8.5. This article shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2022, Ch. 498, Sec. 1. (AB 2355) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Article 8.5, commencing with Section 35265.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 9. Property [35270.5 - 35275] SECTION 35270.5. Source version: id_d2edaeca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=9. The governing board of any school district may acquire by eminent domain any property necessary to carry out any of the powers or functions of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 9. Property [35270.5 - 35275] SECTION 35271. Source version: id_ee1d247b-3b72-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=9. (a) The governing board of any school district may acquire property, construct buildings, and maintain classes outside its boundaries on sites immediately adjacent to school sites of the district within its boundaries. (b) This section shall become operative June 30, 1993. (Repealed (in Sec. 1) and added by Stats. 1989, Ch. 135, Sec. 2. Effective July 13, 1989. Section operative June 30, 1993, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 9. Property [35270.5 - 35275] SECTION 35272. Source version: id_d2ef356e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=9. The governing board of any school district may acquire and pay for educational and athletic equipment, supplies and materials, and other personal property necessary to its operation of the schools, as provided by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 9. Property [35270.5 - 35275] SECTION 35275. Source version: id_d2ef3570-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=9. The governing board of any school district shall meet with appropriate local government recreation and park authorities to review all possible methods of coordinating planning, design, and construction of new school facilities and schoolsites or major additions to existing school facilities and recreation and park facilities in the community. (Amended by Stats. 1994, Ch. 840, Sec. 9. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] SECTION 35277. Source version: id_fc7af928-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=9.5. For purposes of this article the following terms have the following meanings: (a) “Affordable housing cost” has the same meaning as set forth in Chapter 2 (commencing with Section 50050) of Part 1 of Division 31 of the Health and Safety Code as applied to persons and families of low or moderate income. (b) “Affordable rent” has the same meaning as set forth in Chapter 2 (commencing with Section 50050) of Part 1 of Division 31 of the Health and Safety Code as applied to persons and families of low or moderate income. (c) “Extremely low income households” has the same meaning as set forth in Section 50106 of the Health and Safety Code. (d) “Local governing agency” means a city in which a new schoolsite is located, or if a new schoolsite is located in an unincorporated area, the county in which the new schoolsite is located. (e) “Eligible nonprofit corporation” means a nonprofit public benefit corporation, nonprofit mutual benefit corporation, or a limited liability company in which the managing member is a nonprofit public benefit corporation or a nonprofit mutual benefit corporation. (f) “New schoolsite” means real property acquired by a school district on and after January 1, 2003, for construction of a new schoolsite or for expansion of an existing schoolsite. (g) “New schoolsite replacement housing” means housing to replace the residential dwelling units demolished or to be demolished in connection with a new schoolsite. (h) “Persons and families of low income” has the same meaning as set forth in Section 50093 of the Health and Safety Code. (i) “Persons and families of low or moderate income” has the same meaning as set forth in Section 50093 of the Health and Safety Code. (j) “Very low income households” has the same meaning as set forth in Section 50105 of the Health and Safety Code. (k) “Vicinity of a new schoolsite” means the area within the census tract in which a new schoolsite is located and the areas within the immediately adjacent census tracts. (Amended by Stats. 2004, Ch. 495, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] SECTION 35277.5. Source version: id_d2ef3576-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=9.5. For purposes of this article, an extreme shortage of affordable housing exists if any of the following conditions exist: (a) The vacancy rate for rental housing in the jurisdiction in which the new schoolsite is located is 5 percent or lower. (b) The median rent in the Zip Code where the new replacement housing is located is more than 30 percent of the median income of the households displaced by the school construction. (c) The occupancy rate for 10 percent or more of the dwelling units within the vicinity of the new schoolsite equals or exceeds 1.5 persons per room, excluding bathrooms, hallways, and porches. (Added by Stats. 2003, Ch. 574, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] SECTION 35278. Source version: id_fd18238a-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=9.5. (a) If a school district or community college district has acquired a new schoolsite containing residential dwelling units, the local governing agency, community college district, or eligible nonprofit corporation may, consistent with this article, acquire real property for the purpose of new schoolsite replacement housing and utilize or convey the property according to this article, if all of the following conditions are met: (1) The local governing agency has determined that an extreme shortage of affordable housing exists in the vicinity of the new schoolsite. (2) The real property to be used for replacement housing is acquired by the local governing agency, community college district, or an eligible nonprofit corporation in the vicinity of a new schoolsite, or in an area designated in the local governing agency’s replacement housing plan adopted pursuant to paragraph (1) of subdivision (e), within two years of the school district’s acquisition of a possessory right to the new schoolsite. (3) The combined area of the real property to be used for replacement housing acquired by the local governing agency, community college district, or an eligible nonprofit corporation pursuant to this article does not include any portion of the new schoolsite and does not, in acreage, exceed 150 percent of the area acquired by the school district for the new schoolsite. (b) (1) A local governing agency or eligible nonprofit corporation may rehabilitate, develop, or construct residential facilities on the property for the purpose of providing new schoolsite replacement housing as set forth in this article. (2) A community college district or eligible nonprofit corporation may acquire real property for the purpose of new schoolsite replacement housing only from a willing seller. (c) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code or any other provision of law, a local governing agency, community college district, or eligible nonprofit corporation that has acquired real property for new schoolsite replacement housing pursuant to this article may convey the property to an affiliated public agency for the purpose of providing new schoolsite replacement housing. An affiliated public agency that has acquired real property pursuant to this section may rehabilitate, develop, or construct residential facilities on the property for the purpose of providing new schoolsite replacement housing in compliance with this article. (d) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code or any other provision of law, a local governing agency, community college district, eligible nonprofit corporation, or an affiliated public agency, that has acquired real property for new schoolsite replacement housing pursuant to this article, may sell, lease for no more than 99 years, jointly develop, exchange, subdivide, transfer, assign, pledge, encumber by mortgage, deed of trust, or otherwise, or otherwise dispose of the real property or any interest in that property, or any portion thereof, for the purpose of providing new schoolsite replacement housing through the rehabilitation, development, or construction of residential facilities or combined residential and commercial facilities on that property. (e) (1) Any disposition of real property, pursuant to subdivision (d), acquired for new schoolsite replacement housing pursuant to this article shall be in furtherance of a replacement housing plan. The local governing agency, or community college district shall adopt a replacement housing plan for disposition of real property pursuant to this article, which shall meet all of the following requirements: (A) The replacement housing plan shall include all of the following: (i) A statement of the general location of housing to be developed pursuant to this section. (ii) A description of the means of financing the development. (iii) A finding that the actions to be taken pursuant to the plan do not require approval of the voters pursuant to Article XXXIV of the California Constitution, or that the approval has been or will be obtained. (iv) A specification of the number of dwelling units housing persons and families of low income and persons and families of moderate income, respectively, that are planned for construction or rehabilitation. (v) Provisions to ensure that persons displaced by the acquisition of a new schoolsite, and the acquisition of the new schoolsite replacement housing property pursuant to this article, shall have a right of first refusal for the purchase or rental of dwelling units developed in the replacement housing. (vi) A description of any facilities for commercial use to be constructed in combination with the replacement housing. (B) The number of dwelling units to be developed on the combined area of real property acquired pursuant to this article will be equal to a prescribed percentage, as determined by the local governing agency, or community college district, but in no event less than the sum of both of the following: (i) Seventy-five percent of the total number of dwelling units demolished or to be demolished in connection with construction or expansion of school facilities on the new schoolsite. (ii) The total number of dwelling units on the new schoolsite replacement housing property to be acquired pursuant to this article. (C) Unless the local governing agency or community college district prescribes a greater number pursuant to subparagraph (D), the number of dwelling units developed on the property acquired for new schoolsite replacement housing pursuant to this article that are available at affordable housing costs or affordable rents shall be greater than, or equal to, the lesser of either of the following: (i) A number equal to 50 percent of the dwelling units developed on the property acquired for new schoolsite replacement housing pursuant to this article. (ii) The number of households of persons and families of low, or moderate, income displaced by the acquisition of the new schoolsite property and by the acquisition of the property for new schoolsite replacement housing pursuant to this article. (D) A local governing agency, community college district, or eligible nonprofit corporation may require that all or any portion of the dwelling units, in addition to those required under subparagraph (C), be available at affordable housing cost or affordable rent to persons and families in lower income categories, including, persons and families of low income, very low income, or extremely low income. This section does not prohibit a local governing agency, community college district, or eligible nonprofit corporation from participating financially or otherwise to enable any housing developed pursuant to this article to serve households of lower income if the need for that housing is identified in, and consistent with, the replacement housing plan. (2) For a reasonable period of time prior to adopting the replacement housing plan, the agency or community college district shall make available a draft of the proposed plan for review and comment by public agencies and the general public. (Amended by Stats. 2004, Ch. 495, Sec. 2. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 2. Governing Boards [35100 - 35401] ARTICLE 9.5. Schoolsite Replacement Housing [35277 - 35278.5] SECTION 35278.5. Source version: id_d2f0bc1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=2.&article=9.5. This article does not require a local governing agency to acquire real property, develop replacement housing, or perform any other act pursuant to this article. A local governing agency may, at its option, take action pursuant to this article. (Added by Stats. 2003, Ch. 574, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 1. Legislative Intent and Purpose [35500 - 35501] SECTION 35500. Source version: id_d3030c04-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=1. It is the intent of the Legislature to utilize the organization of districts as they existed on January 1, 1981, and local educational needs and concerns shall serve as the basis for future reorganization of districts in each county. (Amended by Stats. 2000, Ch. 1058, Sec. 17. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 1. Legislative Intent and Purpose [35500 - 35501] SECTION 35501. Source version: id_d3030c06-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=1. On and after January 1, 1981, this chapter and Chapter 4 (commencing with Section 35700) shall apply to an action to reorganize school districts. (Amended by Stats. 1994, Ch. 1186, Sec. 4. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 2. Definitions [35510 - 35517] SECTION 35510. Source version: id_d999432d-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=2. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this chapter and Chapter 4 (commencing with Section 35700). (Amended by Stats. 2015, Ch. 448, Sec. 1. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 2. Definitions [35510 - 35517] SECTION 35511. Source version: id_6b16a4bf-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=2. An “action to reorganize districts” means either of the following: (a) An action to form a new school district, which is accomplished through any of, or any combination of, the following: (1) Dissolving two or more existing school districts of the same kind and forming one or more new school districts of that same kind from the entire territory of the original districts. (2) Forming one or more new school districts of the same kind from all or parts of one or more existing school districts of that same kind. (3) Unifying school districts, including the consolidation of all or part of one or more high school districts with all or part of one or more component school districts into one or more new unified school districts. (4) Deunifying a school district, including the conversion of all or part of a unified school district into one or more new high school districts, each with two or more new component districts. (b) An action to transfer territory, including the transfer of all or part of an existing school district to another existing school district. (Amended by Stats. 2009, Ch. 314, Sec. 1. (AB 174) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 2. Definitions [35510 - 35517] SECTION 35512. Source version: id_d30492ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=2. “County committee” means the county committee on school district organization, organized and acting as provided for in Article 1 (commencing with Section 4000) of Chapter 1 of Part 3, or the county board of education, organized and acting as provided for in Article 2 (commencing with Section 4020) of Chapter 1 of Part 3. (Amended by Stats. 1987, Ch. 1452, Sec. 213.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 2. Definitions [35510 - 35517] SECTION 35513. Source version: id_d30492b0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=2. For the purposes of any reference in this chapter to “districts of the same kind,” all elementary school districts are districts of the same kind, all high school districts are districts of the same kind, and all unified school districts are districts of the same kind. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 2. Definitions [35510 - 35517] SECTION 35514. Source version: id_69d0abec-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=2. As used in this chapter and in Chapter 4 (commencing with Section 35700): (a) “Affected district” means a school district that has been, or is proposed to be, affected by an action to reorganize pursuant to Section 35511 or by an action to lapse a school district pursuant to Section 35780.1. Affected districts include all of the following school district types: (1) “Original district” means a school district as it existed before an action to reorganize pursuant to Section 35511 or before an action to lapse a school district pursuant to Section 35780.1. The boundaries of an “original district” are those of the school district as it existed immediately before the action to reorganize or lapse. (2) “Former district” means a school district that has been wholly included in another school district, or has had all of its territory made part of two or more other school districts, through any action taken pursuant to Section 35511 or through a lapsation pursuant to Section 35780.1. The boundaries of a former district are those of the school district as it existed immediately before an action to reorganize or lapse. (3) “New district” means a school district that is formed from all or portions of one or more other school districts by an action to reorganize taken pursuant to subdivision (a) of Section 35511. A new district does not exist before such an action. (4) “Acquiring district” means a school district that has all or portions of one or more other school districts transferred into, or lapsed into, its boundaries pursuant to subdivision (b) of Section 35511 or Section 35780.1. (5) “Divided district” means a school district that has had a portion of its territory become part of a new school district or transferred into one or more other school districts by an action to reorganize taken pursuant to Section 35511. (A) The “reorganized portion of a divided district” means the portion of the divided school district’s territory that becomes part of a new school district or is transferred into one or more other school districts. (B) The “remaining portion of a divided district” means the portion of the divided school district’s territory that does not become part of a new school district or that is not transferred into one or more other school districts. (6) “Reorganized district” means a school district that is a “new district,” an “acquiring district,” or a “divided district.” (b) “Districts” means school districts of every kind or class. (Amended by Stats. 2016, Ch. 186, Sec. 4. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 2. Definitions [35510 - 35517] SECTION 35515. Source version: id_e36188f1-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=2. “Component district” means an elementary school district that is included within a high school district or an elementary school district that is excluded from an action to unify a high school district but that continues to feed into the high schools of the new unified school district pursuant to subdivision (b) of Section 35542. (Amended by Stats. 2015, Ch. 448, Sec. 3. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 2. Definitions [35510 - 35517] SECTION 35517. Source version: id_1ca52a53-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=2. “Uninhabited territory” means territory in which fewer than 12 persons are registered to vote at least 54 days before the time of filing of a petition or adoption of a resolution for a school district boundary change. (Added by Stats. 2005, Ch. 344, Sec. 3. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] SECTION 35520. Source version: id_d306185a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=3. In any action to reorganize school districts, which are located in more than one county and are under the jurisdiction of different county superintendents of schools, the proceedings to be conducted or the actions to be taken by county officers or agencies shall be conducted or taken in each of the counties involved, except as provided in this article or as otherwise provided by law. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] SECTION 35521. Source version: id_d306185c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=3. Any petition to a county officer or agency in an action referred to in Section 35520 shall be presented in each county. The sufficiency of the petition shall be determined jointly by the county superintendents who have jurisdiction over the districts in which any petitioners reside. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] SECTION 35522. Source version: id_d3079efe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=3. Any election in an action referred to in Section 35520 shall be called and conducted by each county superintendent in the districts which are under his or her jurisdiction and in which the election is to be held. The designation of the date and hours of the election, the form and content of the ballot, and the declaration of the result of the election shall be by joint action of the county superintendents having jurisdiction over the districts who call and conduct the election. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] SECTION 35523. Source version: id_d3079f00-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=3. Any public hearing required, or allowed to be held, in an action referred to in Section 35520 may be conducted in each county, or jointly in either county, as it appears most convenient and practical to the county officers or agencies conducting the hearing. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 3. Reorganization of Districts Under the Jurisdiction of Different Counties [35520 - 35524] SECTION 35524. Source version: id_d3079f02-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=3. Any decision in an action referred to in Section 35520 to recommend reorganization or to recommend approval or disapproval of a petition for reorganization may be taken at, or following, a joint public hearing. If separate hearings are conducted in each county, a decision to grant or deny the proposed reorganization shall be made only after findings and tentative conclusions of the hearings in each county have been transmitted to the officer or agency which conducted the hearings in each of the other counties. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] SECTION 35530. Source version: id_d3079f06-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=4. An action to reorganize districts is complete when the board of supervisors makes the order required pursuant to Section 35765. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] SECTION 35531. Source version: id_744b039e-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=4. An action to form a unified school district pursuant to Section 35542 is complete upon the date of completion of the action by which the boundaries of the school districts comprising the unified school district become coterminous. (Amended by Stats. 2016, Ch. 186, Sec. 5. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] SECTION 35532. Source version: id_d30925aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=4. Except as otherwise provided in this article, in any school district which is created or whose boundaries or status is changed by an action to reorganize districts, the changes shall be effective on the date when all of the following are completed: (a) The determination of the assessed valuation of any district or districts affected by the action. (b) The appointment or election of members of the governing board. (c) The preparation and submission of the school district budgets. (d) The election or appointment of an executive officer and other employees required to service the immediate needs of the district. (e) The election or appointment of employees for the ensuing school year. (f) The calling and conducting of any elections authorized by law relative to the financing of the district, including bonded indebtedness, tax rates, and State School Building Fund. (g) The expenditure of funds available to the district. (h) The exercise by the governing board of the school district of other powers and duties vested in governing boards of the districts of the same type of class and not inconsistent with other provisions of this code. (i) The receipt and expenditure of funds transferred pursuant to Section 42623. (j) The issuing and selling of bonds. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] SECTION 35533. Source version: id_d30925ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=4. Any district which is reorganized so as to be wholly absorbed into one or more other districts shall, after the date the action is complete and until the action is effective for all purposes, continue to have all of the powers and duties vested in governing boards of the same kind and not inconsistent with other provisions of this code. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] SECTION 35534. Source version: id_c7b712d2-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=4. Except as provided in Sections 35536 and 35786 and subject to compliance with Section 54900 of the Government Code, any action to reorganize a school district shall be effective for all purposes on July 1 of the calendar year following the calendar year in which the action is completed. (Amended by Stats. 2010, Ch. 89, Sec. 7. (AB 2081) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] SECTION 35536. Source version: id_d30925b2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=4. At any time after the appointment or election of the governing board of a school district and the naming of the school district, the board may secure an option to purchase land for school purposes for which school district bonds may be issued. The board may proceed, thereafter, in accordance with the provisions of this code, governing the issuance of school district bonds, with the same effect as though control of the property of the district had already been vested in the board. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 4. Completion and Effective Dates for Action [35530 - 35537] SECTION 35537. Source version: id_d30925b4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=4. Notwithstanding Section 35534, where a petition for reorganization and change of boundaries of one or more school districts involves a transfer of territory and the territory is uninhabited land and all districts involved consent to the transfer of territory, the effective date of the reorganization relating to the formation of a community facilities district and all matters relating to the authorization of a special tax pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, as well as bonds and the sale thereof, shall be the date agreed upon by the respective school districts, which, in any event, shall be no earlier than the date of the last resolution approved by a school district governing board pursuant to paragraph (1) of subdivision (b) of Section 35709. (Added by Stats. 1992, Ch. 968, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 5. Territory of School Districts [35540 - 35545] SECTION 35540. Source version: id_85579584-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=5. The boundaries of each high school district and unified school district shall be coextensive with the boundaries of the component districts, as defined in Section 35515, included within it. (Amended by Stats. 2022, Ch. 301, Sec. 2. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 5. Territory of School Districts [35540 - 35545] SECTION 35541. Source version: id_89da8596-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=5. When the boundaries of a district which is a component of a high school district or a unified school district, as defined in Section 35515, are for any cause changed to include territory in, or to exclude from, the district, the territory added to, or removed from, the district shall, at the same time, be included in, or excluded from, the high school district or unified school district. (Amended by Stats. 2022, Ch. 301, Sec. 3. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 5. Territory of School Districts [35540 - 35545] SECTION 35542. Source version: id_c936adf4-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=5. (a) Whenever the boundaries of an elementary school district and a high school district become coterminous, the districts are merged into a new unified district. (b) Notwithstanding subdivision (a), an elementary school district that has boundaries that are totally within a high school district may be excluded from an action to unify those districts if the governing board receives approval for an exclusion from the county committee if the conditions of subdivision (b) of Section 35710 are met or from the state board if those conditions are not met. Any elementary school district so authorized to be excluded from an action to unify may continue to feed into the coterminous high school under the same terms that existed before any action to unify pursuant to subdivision (a). (Amended by Stats. 2010, Ch. 89, Sec. 8. (AB 2081) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 5. Territory of School Districts [35540 - 35545] SECTION 35543. Source version: id_d30c32fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=5. On or after January 1, 1981, a school district shall not be formed or reorganized to include territory which is separated from other portions of the territory of the district by the territory of one or more other school districts. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 5. Territory of School Districts [35540 - 35545] SECTION 35544. Source version: id_d30c3300-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=5. Whenever territory is transferred or added by means of reorganization to another district in which trustee areas have been established, the territory being transferred shall become a part of the trustee areas to which it is contiguous. In the event that the territory being transferred is contiguous to more than one trustee area, terms of agreement to the transfer may include provisions for the division of the transferred territory among the trustee areas to which it is contiguous. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 5. Territory of School Districts [35540 - 35545] SECTION 35545. Source version: id_7ea10a70-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=5. (a) Before the date upon which a reorganized district becomes effective for all purposes, the county committee may include all, or part of, the territory in plans and recommendations for further reorganization. (b) During the first five years after the effective date for all purposes of the formation of a new district, no territory shall be removed from the school district without the consent of the governing board of the school district. (Amended by Stats. 2016, Ch. 186, Sec. 6. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] SECTION 35555. Source version: id_88dea642-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=6. (a) The reorganization of any school district or school districts shall not affect the classification of certificated employees already employed by any school district affected. Those employees have the same status with respect to their classification by the school district, including time served as probationary employees of the school district, after the reorganization as they had before it. If the reorganization results in the school or other place in which the employee is employed being maintained by another school district, the employee, if a permanent employee of the school district that formerly maintained the school or other place of employment, shall be employed as a permanent employee of the school district that thereafter maintains the school or other place of employment, unless the employee elects before February 1 of the year in which the action will become effective for all purposes to continue in the employ of the first school district. (b) If the employee is a probationary employee of the school district that formerly maintained the school or other place of employment, he or she shall be employed by the school district that thereafter maintains the school or other place of employment, unless the probationary employee is terminated by the school district pursuant to Section 44929.21, 44948, 44948.3, 44949, or 44955, and, if not so terminated, his or her status with respect to classification by the school district shall be the same as it would have been had the school or other place of employment continued to be maintained by the school district that formerly maintained it. As used in this paragraph, “the school or other place in which the employee is employed” and all references thereto, includes, but is not necessarily limited to, the school services or school program that, as a result of any reorganization of a school district, will be provided by another school district, irrespective of whether any particular building or buildings in which the schoolwork or school program was conducted is physically located in the reorganized district and irrespective of whether any reorganized district elects to provide for the education of its pupils by contracting with another school district until the reorganized district constructs its own facilities. (Amended by Stats. 2016, Ch. 186, Sec. 7. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] SECTION 35556. Source version: id_9331edf4-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=6. (a) The reorganization of any school district, or school districts, shall not affect the rights of persons employed in positions not requiring certification qualifications to retain the salary, leaves, and other benefits that they would have had if the reorganization had not occurred. These persons shall be treated in the manner provided in this section. (b) All employees of every school district that is included in any other school district, or all school districts included in a new district, shall become employees of the new district. (c) (1) When a portion of the territory of any school district becomes part of another school district, employees regularly assigned to perform their duties in the territory affected shall become employees of the acquiring district unless, in a manner consistent with relevant provisions of this code and with any applicable collective bargaining agreement, one of the following events occurs: (A) An employee elects to accept a vacant position, for which he or she qualifies, that the original district elects to fill. (B) An employee elects to fill, by exercise of his or her rights of seniority under existing law or the collective bargaining agreement with the original district, a position, for which he or she qualifies, in the original district. (C) An employee elects to have his or her name entered on a reemployment list of the original district. (2) Employees whose assignments pertained to the affected territory, but whose employment situs was not in that territory, may elect to remain with the original district or become employees of the acquiring district. (d) When the territory of any school district is divided between, or among, two or more new or acquiring districts, and the original district ceases to exist, employees of the original district regularly assigned to perform their duties in any specific territory of the school district shall become employees of the school district acquiring the territory. Employees not assigned to specific territory within the original district shall become employees of any acquiring district at the election of the employees. (e) An employee regularly assigned by the original district to any school in the school district shall be an employee of the school district in which the school is located unless that employee elects to continue in the employ of the original district pursuant to subdivision (c). (f) Except as otherwise provided in this section, nothing in this section shall be construed to deprive the governing board of the new or acquiring district from making reasonable reassignments of duties. (g) The amendments to this section made during the 1999–2000 Regular Session of the Legislature shall apply only to school district reorganizations commenced on or after January 1, 2000. (Amended by Stats. 2016, Ch. 186, Sec. 8. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] SECTION 35557. Source version: id_d30db9aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=6. (a) Notwithstanding Section 5000, whenever, in a district that has been wholly absorbed into one or more other districts and continues in existence as a district until the reorganization in which it has been included is effective for all purposes and a governing board member election is otherwise required to be held prior to the effective date of the reorganization, no election shall be held. Instead, the county superintendent of schools shall appoint successors to the members whose terms expire on the first Friday in December following the date upon which the election would otherwise have been held. The appointees shall hold office until the reorganization becomes effective for all purposes. (b) Subdivision (a) shall apply to any school district governed by a city board of education whenever the school district has been included with other school district territory within a unification effected pursuant to this chapter, where both of the following apply: (1) The charter of the city involved requires an election of city school district governing board members to be held prior to the date the new unified district becomes effective for all purposes. (2) The governing board of the new unified school district is organized to be subject to the provisions of this code rather than the provisions of the city charter. (Added by renumbering Section 5002 by Stats. 1996, Ch. 1143, Sec. 5. Effective September 30, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] SECTION 35558. Source version: id_d30db9ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=6. (a) Notwithstanding Sections 35105 and 5000, in the case of a unified school district formed in an even-numbered year, where in connection with the formation of which the first governing board was elected in that even-numbered year, all of the members of the first elected governing board shall serve until the first Friday in December of the second succeeding odd-numbered year. Their successors shall be elected at an election conducted on the first Tuesday after the first Monday in November of the second succeeding odd-numbered year. The majority of successors receiving the highest number of votes shall serve until the first Friday in December of the second odd-numbered year thereafter succeeding. The other members’ terms shall expire on the first Friday in December of the first odd-numbered year thereafter succeeding. (b) Notwithstanding subdivision (a), the governing board of a unified school district formed in an even-numbered year may provide, pursuant to an appropriate resolution adopted by the governing board, that the majority of the members of the governing board who received the highest number of votes in the first election of governing board members for the district shall serve until the first Friday in December of the third odd-numbered year succeeding that first election, and that the other members’ terms shall expire on the first Friday in December of the second odd-numbered year succeeding that first election. The resolution described in this subdivision shall be adopted on or before March 15 of the second odd-numbered year succeeding the first election of the governing board. (Added by renumbering Section 5003 by Stats. 1996, Ch. 1143, Sec. 6. Effective September 30, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 6. Personnel in Reorganized Districts [35555 - 35559] SECTION 35559. Source version: id_9d8312c6-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=6. Notwithstanding Sections 5000 and 35105, when the first elected board of any new district is elected on the same date that the election is held for adopting the proposal for the formation of the new district and when the terms of several members of the first governing board would expire before the date on which the school district becomes effective for all purposes, no election shall be held in November of that odd-numbered year, but the several members whose terms expire shall serve until April 30 of the next succeeding even-numbered year. A governing board election shall be held on the second Tuesday in April of that even-numbered year to fill the offices of the members whose terms expire on the April 30 next succeeding the election. The terms of office of the members so elected shall expire on the first Friday in December of the second succeeding odd-numbered year. Their successors shall be elected pursuant to Section 5000. (Amended by Stats. 2016, Ch. 186, Sec. 9. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] SECTION 35560. Source version: id_d0cb614f-3180-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=7. When a school district is reorganized, both of the following shall apply: (a) When the allocation of funds, property, and obligations is not fixed by terms, conditions, or recommendations as provided by law, the funds, property, and obligations of a former district, except for bonded indebtedness, shall be allocated as follows: (1) The real property and personal property and fixtures normally situated thereat shall be the property of the district in which the real property is located. (2) All other property, funds, and obligations, except bonded indebtedness, shall be divided pro rata among the districts in which the territory of the former district is included. The basis for the division and allocation shall be the assessed valuation of the part of the former district which is included within each of the districts. (b) Any qualified special taxes may continue to be imposed pursuant to Section 50079.2 of the Government Code. (Amended by Stats. 2011, Ch. 276, Sec. 1. (AB 504) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] SECTION 35561. Source version: id_a7d37448-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=7. Any funds derived from the sale of the school bonds issued by the original district shall be used for the acquisition, construction, or improvement of school property only in the territory that comprised the original district or to discharge bonded indebtedness of the original district, except that, if the bonded indebtedness is assumed by the new or acquiring district, the funds may be used in any area of the new district for the purposes for which the bonds were originally voted. (Amended by Stats. 2016, Ch. 186, Sec. 10. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] SECTION 35562. Source version: id_b21e307a-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=7. If all the territory of a school district becomes part of two or more school districts of any type, and the inclusion in the two or more new or acquiring districts of the several portions of territory comprising the whole of the former district is effective for all purposes on the same date, the records of the former district shall be disposed of as follows: (a) All records of the former district that are required by law to be kept on file shall be deposited with the governing board of the school district which, after the reorganization has become effective for all purposes, has located within its boundaries the former office of the superintendent of the original district. (b) Records of employees shall be transferred to the school district thereafter employing the personnel or thereafter maintaining the last place of employment. (c) Records of pupils shall be transferred to the school district that, after the date on which the reorganization becomes effective for all purposes, maintains the school in which a pupil was last enrolled. (Amended by Stats. 2016, Ch. 186, Sec. 11. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] SECTION 35563. Source version: id_bc61c0bc-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=7. (a) If all of the territory of a school district becomes part of two or more school districts of any type, and the inclusion in the two or more new school districts of the several portions of territory comprising the former district is effective for all purposes on the same date, the county superintendent of schools having jurisdiction over the former district shall assume responsibility for all of the following: (1) Completing all records and reports of the former district. (2) Paying all outstanding obligations, except obligations resulting from contracts that are to be assumed by a new or acquiring district. (3) Preparing for proper filing all records of the former district required to be kept permanently by the provisions of any applicable code. (4) Distributing records as provided in Section 35562. (5) Employing an auditor as required in Section 41020. (6) Discharging other functions that he or she deems necessary to the dissolution of the school district. (b) In discharging these duties, the county superintendent of schools may request the services of employees of the original district or the new or acquiring district, and the new or acquiring districts shall release those employees to the county superintendent of schools for the purpose of accomplishing the requirements of this section. The salaries of those employees and all other necessary expenses of completing the requirements of this section shall be charged against the accumulated funds of the former district before the final distribution of those funds to the new or acquiring districts. (Amended by Stats. 2016, Ch. 186, Sec. 12. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] SECTION 35564. Source version: id_d310c6fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=7. If the reorganization of a school district under this chapter results in the relocation of district boundaries so that a portion of the pupils will not be residents of the district thereafter maintaining a school previously attended by the pupils, and if there is in the school an organized student body, the property, funds, and obligations of the student body shall be divided as determined by the county committee, except that the share shall not exceed an amount equal to the ratio which the number of pupils leaving the school bears to the total number of pupils enrolled. The ownership of the property, funds, and obligations, which is the proportionate share of each segment of the student body, shall be transferred to the student body of the school or schools in which the pupils are enrolled after the reorganization. Funds from devises, bequests, or gifts made to the organized student body of a school shall remain the property of the organized student body of that school and shall not be divided. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] SECTION 35565. Source version: id_d310c6fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=7. If a dispute arises between the governing boards of the districts concerning the division of funds, property, or obligations, a board of arbitrators shall be appointed which shall resolve the dispute. The board shall consist of one person selected by each district from which territory is withdrawn pursuant to a reorganization action under this chapter, one person selected by each district of which territory has become a part pursuant to that reorganization action, and either one or two persons, such that the board of arbitrators contains an odd number of persons, appointed by the county superintendent of schools of the county in which the districts are located. The districts involved may mutually agree that a person appointed as arbitrator by the county superintendent of schools may act as sole arbitrator of the matters to be submitted to arbitration. The necessary expenses and compensation of the arbitrators shall be divided equally between the districts, and the payment of the portion of the expenses is a legal charge against the funds of the school districts. The arbitrator or arbitrators shall make a written finding on the matter submitted to arbitration. The written finding and determination of a majority of the board of arbitrators is final and binding upon the school districts submitting the question to the board of arbitration. (Amended by Stats. 1991, Ch. 409, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized [35560 - 35566] SECTION 35566. Source version: id_c6b3cfee-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=7. Notwithstanding any other provision of this article, exchanges of property tax revenues between school districts as a result of an action to reorganize shall be determined pursuant to subdivision (i) of Section 99 of the Revenue and Taxation Code if one or more affected districts receive only basic aid apportionments required by Section 6 of Article IX of the California Constitution. (Amended by Stats. 2016, Ch. 186, Sec. 13. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35570. Source version: id_62e4d498-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. This article applies only to the reallocation of bonded indebtedness of a school district on general obligation bonds under one of the following conditions: (a) The bonded indebtedness was approved by the voters prior to July 1, 1978. (b) The bonded indebtedness was incurred for the acquisition or improvement of real property and was approved on or after July 1, 1978, by two-thirds of the votes cast by the voters voting on the proposition. (c) The bonded indebtedness was incurred for the acquisition or improvement of real property and was approved on or after July 1, 1978, by 55 percent of the votes cast by the voters voting on the proposition at a regularly scheduled election or a statewide special election. (Amended by Stats. 2006, Ch. 730, Sec. 6. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35571. Source version: id_d310c704-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. When a school district is created, annexed, or abolished, or the boundaries thereof changed, the liability to taxation for the outstanding bonded indebtedness of the district or the territory affected thereby is as provided in this article. The authorities whose duty it is to levy taxes for the payment of principal and interest on the outstanding bonds shall levy the taxes upon the districts affected in such proportions as are provided in, or are determined under, the authority of this article. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35572. Source version: id_d0fb7ee0-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. No territory shall be taken from any school district having any outstanding bonded indebtedness and made a part of another school district where the action, if taken, would so reduce the last equalized assessed valuation of the divided district so that the outstanding bonded indebtedness of the divided district would exceed 5 percent of the assessed valuation in the remaining territory of the divided district for each level maintained, on the date the reorganization is effective pursuant to Section 35766. (Amended by Stats. 2016, Ch. 186, Sec. 14. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35573. Source version: id_d3124da8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. When any school district is in any manner merged with one or more school districts so as to form a single district by any procedure, the district so formed is liable for all of the outstanding bonded indebtedness of the districts united or merged. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35574. Source version: id_db67ccd2-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. Notwithstanding any other provision of this code, for the purposes of applying the State School Building Aid Law of 1952 (Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1), the amount of outstanding bonded indebtedness, exclusive of interest, of the former or divided districts that is equal to the liability incurred by the new or acquiring district pursuant to Section 35576 shall be considered a liability of the new or acquiring district for purposes of computing the bonding capacity of the school district. (Amended by Stats. 2016, Ch. 186, Sec. 15. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35575. Source version: id_d3124dac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. When territory is taken from one school district and annexed to another school district and the area transferred contains no public school property or buildings, the territory shall drop any liability for outstanding bonded indebtedness in the district of which it was formerly a part and shall automatically assume its proportionate share of the outstanding bonded indebtedness of the district of which it becomes a part. (Added by Stats. 1980, Ch. 1192, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35576. Source version: id_e5bd8584-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. (a) If territory is taken from one school district and annexed to, or included in, a new or acquiring district by any procedure, and the area transferred contains real property, the new or acquiring district shall take possession of the real property, pursuant to paragraph (1) of subdivision (a) of Section 35560, on the day when the action to reorganize becomes effective for all purposes. The reorganized territory shall cease to be liable for the bonded indebtedness of the school district of which it was formerly a part, and shall automatically assume its proportionate share of the outstanding bonded indebtedness of any school district of which it becomes a part. (b) The new or acquiring district shall be liable for the greater of the amounts determined under provisions of paragraph (1) or (2), or the amount determined pursuant to a method prescribed under Section 35738. (1) The proportionate share of the outstanding bonded indebtedness of the original district, which proportionate share shall be in the ratio that the total assessed valuation of the transferring territory bears to the total assessed valuation of the original district in the year immediately preceding the date on which the action to reorganize is effective for all purposes. This ratio shall be used each year until the bonded indebtedness for which the new or acquiring district is liable has been repaid. (2) The portion of the outstanding bonded indebtedness of the original district that was incurred for the acquisition or improvement of real property, or fixtures located on the real property, and situated in the reorganized territory. (c) The county board of supervisors shall compute for the reorganized districts an annual tax rate for bond interest and redemption that will include the bond interest and redemption on the outstanding bonded indebtedness specified in paragraph (1) or (2) of subdivision (b), or the amount determined pursuant to a method prescribed under Section 35738. The county board of supervisors shall also compute tax rates for the annual charge and use charge prescribed by former Sections 1822.2 and 1825, as they read on July 1, 1970, when those charges were established before November 23, 1970. All of those tax rates shall be levied in excess of any other ad valorem property tax authorized or required by law, and shall not be included in the computation of the limitation specified in subdivision (a) of Section 1 of Article XIII A of the California Constitution. (Amended by Stats. 2016, Ch. 186, Sec. 16. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35577. Source version: id_f00f6da6-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. Whenever a school district having authorized but unsold bonds is completely divided between two or more new or acquiring districts so that the original district ceases to exist, pursuant to any provision of this chapter, the board of supervisors shall, before the date the action is effective for the purposes of Section 35534, make and enter an order in the minutes of its proceedings that the authorization to issue the unsold bonds be divided between each new or acquiring district in the ratio that the assessed valuation of the reorganized territory included in each school district bears to the total assessed valuation of the former district. The bonds, if issued by any new or acquiring district, shall be considered a liability of the school district for purposes of computing the bonding capacity of the school district when applying the State School Building Aid Law of 1952 (Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1). (Amended by Stats. 2016, Ch. 186, Sec. 17. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35578. Source version: id_fa4ae798-ca31-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. Any unsold bonds of an elementary, high, or unified school district that is included as a whole in a new or acquiring district through any kind of reorganization may be issued by the board of supervisors in the name of the new or acquiring district and the proceeds derived upon the sale thereof shall be the funds of the new or acquiring district. However, the proceeds derived upon the sale thereof shall be expended only for the purpose, or purposes, for which those bonds were authorized. (Amended by Stats. 2016, Ch. 186, Sec. 18. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 8. Bonded Indebtedness of School Districts [35570 - 35579] SECTION 35579. Source version: id_048e29ba-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=8. Any unsold bonds of an elementary, high, or unified school district that is included as a whole in a new or acquiring district through any kind of reorganization, if issued by the board of supervisors in the names of the former districts shall be considered a liability of the new or acquiring district for purposes of computing the bonding capacity of the school district when applying the State School Building Aid Law of 1952 (Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1). (Amended by Stats. 2016, Ch. 186, Sec. 19. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] SECTION 35580. Source version: id_5187877a-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=9. Notwithstanding Article 8 (commencing with Section 35570), this article shall apply to the reorganization of the Wiseburn School District and the Centinela Valley Union High School District by the formation of the Wiseburn Unified School District and the termination of the Wiseburn School District. This article determines the liability for taxation, the bonding capacity, the permitted use of existing bond proceeds, and the allocation of authorized but unsold bonds of the Wiseburn Unified School District and the Centinela Valley Union High School District, and applies to the activities of the Local Public Schools Funding Authority, a joint powers authority created by the Wiseburn School District and the Centinela Valley Union High School District or the Wiseburn Unified School District and the Centinela Valley Union High School District. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] SECTION 35581. Source version: id_5187877c-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=9. (a) Any tax for repayment of bonds of the Wiseburn School District shall be levied on all taxable property of the Wiseburn Unified School District. (b) Any tax for repayment of bonds issued by the Wiseburn Unified School District, including bonds authorized by the Wiseburn School District, shall be levied on all taxable property of the Wiseburn Unified School District. (c) Commencing with the fiscal year that begins on the effective date of the reorganization of the Wiseburn School District by the formation of the Wiseburn Unified School District, any tax for repayment of voter approved bonds of the Centinela Valley Union High School District approved before January 1, 2012, shall be levied on both of the following: (1) All taxable property located within the Centinela Valley Union High School District as the district exists following the effective date of reorganization pursuant to this section. (2) All taxable property located within the Wiseburn Unified School District that was formerly part of the territory of the Centinela Valley Union High School District. (d) In recognition of the authority for Centinela Valley Union High School District to continue levying property taxes on taxable property located within the Wiseburn Unified School District for repayment of bonds approved by voters before January 1, 2012, beginning on the effective date of reorganization of the Wiseburn School District by the formation of the Wiseburn Unified School District, the Centinela Valley Union High School District shall transfer to the Wiseburn Unified School District an amount equal to four million dollars ($4,000,000) from the proceeds of the sale of bonds approved by voters on November 2, 2010, and issued after January 1, 2012. The transfer shall be made from the proceeds of the sale of the first series of bonds issued after January 1, 2012, unless the Centinela Valley Union High School District elects to allocate the transfers to more than one series of bonds, in which case the transfers shall aggregate to the amount of four million dollars ($4,000,000). Proceeds transferred pursuant to this subdivision shall be expended by the Wiseburn Unified School District for purposes consistent with the original voter authorization for the bonds. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] SECTION 35582. Source version: id_d7209aa7-fcd2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=9. (a) The bonding limit applicable to the Wiseburn Unified School District shall be equal to the sum of both of the following: (1) The limit specified in Section 15106, as applied to all taxable real property within the Wiseburn Unified School District zoned for residential purposes of any classification by reference to the general plan of the County of Los Angeles or any other zoning ordinance applicable to the territory. (2) The limit specified in Section 15102, as applied to all taxable property within the territory of the Wiseburn Unified School District other than real property zoned for residential purposes of any classification by reference to the general plan of the County of Los Angeles or any other zoning ordinance applicable to the territory. (b) Notwithstanding Section 35543 or any other law, the bonding limit applicable to the Centinela Valley Union High School District shall be equal to the sum of both of the following: (1) The limit specified in Section 15102, as applied to all taxable property within the Centinela Valley Union High School District. (2) The limit specified in Section 15102, as applied to all taxable property within the territory of the Wiseburn Unified School District other than real property zoned for residential purposes of any classification by reference to the general plan of the County of Los Angeles or any other zoning ordinance applicable to the territory. (c) The bonding limit applicable to bonds payable from ad valorem property taxes of a joint powers authority created by the Wiseburn School District and the Centinela Valley Union High School District or the two surviving school districts, acting together pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), shall be equal to the sum of the respective bonding limits applicable to the members of such authority. (d) If the Local Public Schools Funding Authority created by the Wiseburn School District and the Centinela Valley Union High School District, or the two surviving school districts, acting together pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), maintains outstanding bonded indebtedness issued pursuant to Chapter 1 (commencing with Section 15100), Chapter 1.5 (commencing with Section 15264), or Chapter 2 (commencing with Section 15300), of Part 10 of Division 1 of Title 1, the bonded indebtedness shall be allocated to the Wiseburn Unified School District and the Centinela Valley Union High School District, respectively, for purposes of the calculation of debt capacity pursuant to the bonding limits set forth in subdivisions (a) and (b), according to the following: (1) As to bonds issued under authorizations approved by voters before January 1, 2018, including refunding bonds issued thereafter and related to such bonds, in proportionate amounts calculated based on the assessed value of taxable property within each respective school district securing repayment of the bonds. (2) As to bonds issued under authorizations approved by voters following January 1, 2018, in appropriate amounts calculated based on the amount of proceeds of the bonds of such series expended for projects within each respective school district. (e) This section does not prohibit the Wiseburn Unified School District or the Centinela Valley Union High School District from seeking a waiver pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 or any other similar law of the bonding limits of this section or any other applicable statutory bonding limit. (Amended by Stats. 2018, Ch. 101, Sec. 1. (AB 2301) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] SECTION 35584. Source version: id_5187ae92-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=9. A pupil residing in the Wiseburn Unified School District who is eligible to attend any of grades 9 to 12, inclusive, may attend the Centinela Valley Union High School District without an interdistrict attendance agreement if the Centinela Valley Union High School District accepts that pupil for attendance. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] SECTION 35585. Source version: id_5187d5a4-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=9. Notwithstanding any other law, the election to approve the reorganization plan for the Wiseburn Unified School District shall be conducted within the territory of the Wiseburn School District, and shall be approved upon a favorable vote of a majority of all votes cast on the reorganization proposal. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 3. Reorganization of School Districts—General Provisions [35500 - 35586] ARTICLE 9. Formation of the Wiseburn Unified School District, Bonded Indebtedness, and Revenue Limit [35580 - 35586] SECTION 35586. Source version: id_5187d5a6-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=3.&article=9. The governing board of the Local Public Schools Funding Authority formed by the Wiseburn School District and the Centinela Valley Union High School District or the two surviving school districts, acting together pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code), may proceed pursuant to Chapter 1 (commencing with Section 15100), Chapter 1.5 (commencing with Section 15264), or Chapter 2 (commencing with Section 15300), of Part 10 of Division 1 of Title 1 on behalf of the joint powers authority that is created by and under the exclusive authority of its member school districts. (Added by Stats. 2012, Ch. 730, Sec. 1. (SB 477) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35700. Source version: id_d316e19a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. An action to reorganize one or more districts is initiated upon the filing, with the county superintendent of schools, of a petition to reorganize one or more school districts signed by any of the following: (a) At least 25 percent of the registered voters residing in the territory proposed to be reorganized if the territory is inhabited. Where the petition is to reorganize territory in two or more school districts, the petition shall be signed by at least 25 percent of the registered voters in that territory in each of those districts. (b) A number of registered voters residing in the territory proposed to be reorganized, equal to at least 8 percent of the votes cast for all candidates for Governor at the last gubernatorial election in the territory proposed to be reorganized, where the affected territory consists of a single school district with over 200,000 pupils in average daily attendance and the petition is to reorganize the district into two or more districts. (c) The owner of the property, provided that territory is uninhabited and the owner thereof has filed either a tentative subdivision map with the appropriate county or city agency or an application for any project, as defined in Section 21065 of the Public Resources Code, with one or more local agencies. (d) A majority of the members of the governing boards of each of the districts that would be affected by the proposed reorganization. (Amended by Stats. 1995, Ch. 267, Sec. 2. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35700.1. Source version: id_0ecb515c-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) A county superintendent of schools may do any of the following, as necessary, with respect to the reorganization of school districts within the jurisdiction of a county superintendent of schools: (1) Before the initiation of an action to reorganize, a county superintendent of schools may do any of the following: (A) Provide information, coordination, and guidance to potential petitioners for reorganization and to other parties inquiring about the petition process. (B) Provide procedural advice and counseling. (C) Provide information and assistance for community meetings, information sessions, and briefing sessions. (D) Provide for coordination of media and community relations. (2) A county superintendent of schools may perform the following duties for the processing and evaluation of multiple petitions to reorganize one or more school districts: (A) Ensure compliance with all requirements pertaining to the petitions. (B) Ensure compliance with all required timelines or deadlines for petitions. (C) Apply new and preexisting evaluation criteria to the petition. (3) A county superintendent of schools may provide assistance to reorganized districts during the interim period, as follows: (A) To ensure smooth transitions with minimum disruption to pupils and staff. (B) To provide advisory and consulting expertise on any of the following: (i) Board and administrative policies and regulations. (ii) Personnel policies. (iii) Curriculum. (iv) Instructional programs and services. (v) Financial and budgeting functions. (vi) Distribution of assets and liabilities. (b) No funds appropriated in the annual Budget Act or another statute and allocated to the Los Angeles County Office of Education shall be used to instigate, solicit, or promote the development of plans to reorganize a school district or school districts within the jurisdiction of the county office of education, except that the funds may be used to support the research necessary to review and make recommendations regarding reorganization plans that are submitted to the county office of education. (Amended by Stats. 2016, Ch. 186, Sec. 20. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35700.3. Source version: id_d316e19e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. A petition filed under Section 35700 shall be required to reasonably identify the territory to be reorganized, which identification may include references to streets or prominent geographic features. The inclusion of legal descriptions or plat maps, or both, however, shall not be a prerequisite for the filing of a valid petition. (Added by Stats. 1998, Ch. 906, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35700.5. Source version: id_d316e1a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. Before initiating proceedings to consider any reorganization plan, the county committee on school district organization shall provide written notice of the proposed action to the local agency formation commission for the affected area. (Added by Stats. 2000, Ch. 761, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35701. Source version: id_d316e1a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. In any petition to reorganize school districts there shall be designated no more than three of the petitioners as chief petitioners for the purpose of receiving notice of any public hearings to be held on the petition. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35702. Source version: id_d316e1a4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. The persons securing the signatures to a petition of electors to reorganize school districts shall attach thereto an affidavit that all persons who signed the petition did so in the presence of the affiant and that each signature is a genuine signature of the person whose name it purports to be. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35703. Source version: id_d3186846-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. Any petition filed under this article may include any of the appropriate provisions specified in Article 3 (commencing with Section 35730). (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35704. Source version: id_d3186848-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. The county superintendent of schools, within 30 days after any petition for reorganization is filed, shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, transmit the petition simultaneously to the county committee and to the State Board of Education. (Amended by Stats. 2000, Ch. 1058, Sec. 18. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35705. Source version: id_d318684a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. Within 60 days after receipt of the petition, the county committee shall hold one or more public hearings thereon at a regular or special meeting in each of the districts affected by the petition. Notice of the public hearing shall be given at least 10 days in advance thereof to not more than three persons designated in the petition as the chief petitioners, to the governing board of all districts affected by the proposed reorganization, and to all other persons requesting notice of the hearing. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35705.5. Source version: id_190803ce-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) The county committee may add to the petition any of the appropriate provisions specified in Article 3 (commencing with Section 35730) that were not included in the petition as filed and may amend any such provision that was so included. (b) At least 10 days before the public hearing, or hearings, on the petition, the county committee shall make available to the public and to the governing boards affected by the petition a description of the petition, including all of the following: (1) The rights of the employees in the affected districts to continued employment. (2) The local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, per pupil, for each affected district and the effect of the petition, if approved, on that allocation. (3) Whether the school districts involved will be governed, in part, by provisions of a city charter and, if so, in what way. (4) Whether the governing boards of any proposed new district will have five or seven members. (5) A description of the territory or school districts in which the election, if any, will be held. (6) Where the proposal is to create two or more new districts, whether the proposal will be voted on as a single proposition. (7) Whether the governing board of any new district will have trustee areas and, if so, whether the trustees will be elected by only the voters of that trustee area or by the voters of the entire school district. (8) A description of how the property, obligations, and bonded indebtedness of original districts will be divided. (9) A description of when the first governing board of any new district will be elected and how the terms of office for each new trustee will be determined. (Amended by Stats. 2016, Ch. 186, Sec. 21. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35706. Source version: id_23468b00-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) Within 120 days of the commencement of the first public hearing on the petition, the county committee shall recommend approval or disapproval of a petition to form one or more new districts or for the division of the entire territory of a school district into two or more new or acquiring districts, as the petition may be augmented, or shall approve or disapprove a petition for the transfer of territory, as the petition may be augmented. The county committee also shall approve or disapprove a petition to form one or more new districts if the conditions of subdivision (b) of Section 35710 are met. (b) The 120-day period for approving or disapproving a petition pursuant to Section 35709 or 35710 shall commence after certification of an environmental impact report, approval of a negative declaration, or a determination that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (Amended by Stats. 2016, Ch. 186, Sec. 22. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35706.5. Source version: id_2dca5892-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) No action to reorganize a school district shall be initiated or completed without the consent of a majority of all of the members of the governing board of the affected district if both of the following conditions apply to the school district: (1) It has obtained an emergency apportionment loan from the State of California, but the Superintendent has determined that a state administrator is no longer necessary, and has restored, before the effective date of this section, the legal rights, duties, and powers of the governing board of the school district pursuant to Section 41326. (2) It has a pupil population 70 percent of which is from either a “lower income household” or “very low income household” as those terms are defined in Sections 50079.5 and 50105, respectively, of the Health and Safety Code. (b) For purposes of this section, for any school district that meets the description specified in paragraph (1) of subdivision (a), consent to an action to reorganize the boundaries of the school district shall no longer be required when 10 years have elapsed from the date of final payment by the school district of the emergency loan to the State of California. (Amended by Stats. 2016, Ch. 186, Sec. 23. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35707. Source version: id_d319eef2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) Except for petitions for the transfer of territory, the county committee shall expeditiously transmit the petition to the State Board of Education together with its recommendations thereon. It shall also report whether any of the following, in the opinion of the committee, would be true regarding the proposed reorganization as described in the petition: (1) It would adversely affect the school district organization of the county. (2) It would comply with the provisions of Section 35753. (b) Petitions for transfers of territory shall be transmitted pursuant to Section 35704. (Amended by Stats. 2000, Ch. 1058, Sec. 19. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35708. Source version: id_381059d4-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. Except for a petition to form one or more new districts approved pursuant to subdivision (b) of Section 35710, a petition transmitted pursuant to Section 35707, including the plans and recommendations included therein, if any, together with the recommended approval or disapproval and the plans and recommendations, if any, of the county committee shall be heard by the state board as provided in Article 4 (commencing with Section 35750). (Amended by Stats. 2016, Ch. 186, Sec. 24. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35709. Source version: id_424b1076-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. If the following conditions are met, the county committee may approve the petition and order that the petition be granted, and shall so notify the county board of supervisors: (a) The county committee finds that the conditions enumerated in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 35753 are substantially met, and: (b) Either: (1) The petition is to transfer uninhabited territory from one school district to another and the owner of the territory, or a majority of the owners of the territory, and the governing board of each affected district consents to the transfer; or (2) The petition is to transfer inhabited territory of less than 10 percent of the assessed valuation of the school district from which the territory is being transferred, and the governing board of each affected district consents to the transfer. (Amended by Stats. 2016, Ch. 186, Sec. 25. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35710. Source version: id_6be850ae-e416-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) For all other petitions to transfer territory, if the county committee finds that the conditions enumerated in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 35753 substantially are met, the county committee may approve the petition. If the petition is approved, the county committee shall notify the county superintendent of schools, who shall call an election in the territory of the affected districts, as determined by the county committee, to be conducted at the next election of any kind, in accordance with one of the following: (1) Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1 of this code. (2) Division 4 (commencing with Section 4000) of the Elections Code. (b) A county committee also may approve a petition to form one or more new districts if the requirements of subdivision (a), and the following conditions, are met: (1) Each county superintendent of schools with jurisdiction over an affected district elects to grant approval authority to the county committee on school district organization for which he or she is secretary pursuant to Section 4012, and that county committee chooses to accept that authority. (2) The governing board of each of the affected districts consents to the petition. (3) The secretary of the county committee designated as the lead agency pursuant to Section 35710.3 enters into an agreement on behalf of the county committee for any or all affected districts to share among those districts the costs of complying with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (c) A petition to form one or more new districts that meets the conditions described in subdivision (b), but is not approved by the county committee, shall be transmitted to the state board pursuant to subdivision (a) of Section 35707 and heard by the state board pursuant to Section 35708. The state board, rather than the county committee, shall be the lead agency, as defined in Section 21067 of the Public Resources Code, for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for each petition transmitted pursuant to this subdivision, including a petition disapproved by the county committee after determining the project is exempt from the California Environmental Quality Act pursuant to paragraph (5) of subdivision (b) of Section 21080 of the Public Resources Code. (Amended by Stats. 2017, Ch. 561, Sec. 30. (AB 1516) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35710.1. Source version: id_1dcc453b-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. Notwithstanding any other provision of law, an election may not be called to vote on a petition to transfer territory if the election area for that petition, as determined pursuant to Section 35732, is uninhabited territory as described in Section 35517. The county committee, if it approves that petition, shall order that the petition be granted and shall notify the county board of supervisors. (Added by Stats. 2005, Ch. 344, Sec. 7. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35710.3. Source version: id_8c046ead-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. A county committee shall be the lead agency, as defined in Section 21067 of the Public Resources Code, for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for each petition it considers pursuant to Sections 35709 and 35710, unless the state board is the lead agency pursuant to subdivision (c) of Section 35710. (Added by Stats. 2009, Ch. 314, Sec. 6. (AB 174) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35710.5. Source version: id_8e611f28-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) (1) An action by the county committee approving a petition pursuant to Section 35709, 35710, 35710.1, or paragraph (2) or (3) of subdivision (a) of Section 35722 may be appealed to the state board by the chief petitioners or one or more affected school districts. Except as provided in paragraph (2), the appeal shall be limited to issues of noncompliance with Section 35705, 35706, or 35710, or subdivision (a) or (b) of Section 35709. If an appeal is made as to the issue of whether the proposed transfer will adversely affect the racial or ethnic integration of the schools of the districts affected, it shall be made pursuant to Section 35711. (2) Notwithstanding paragraph (1), an appeal for which notice of the appeal, pursuant to subdivision (b), was filed before July 1, 2020, shall be considered pursuant to this section, as it read on December 31, 2019. (b) Within five days after the final action of the county committee, the appellant shall file with the county committee a notice of appeal and shall provide a copy to the county superintendent of schools, except that if the appellant is one of the affected school districts it shall have 30 days to file the notice of appeal with the county committee and provide a copy to the county superintendent. Upon the filing of the notice of appeal, the action of the county committee shall be stayed, pending the outcome of the appeal. Within 15 days after the filing of the notice of appeal, the appellant shall file with the county committee a statement of reasons and factual evidence. The county committee shall then, within 15 days of receipt of the statement, send to the state board the statement and the complete administrative record of the county committee proceedings, including minutes of the oral proceedings. (c) Upon receipt of the appeal, the state board may either review the appeal or ratify the county committee’s decision by summarily denying review of the appeal. The board may review the appeal either solely on the administrative record or in conjunction with a public hearing. Following the review, the board shall affirm or reverse the action of the county committee, and if the petition will be sent to election, shall determine the territory in which the election is to be held. The board may reverse or modify the action of the county committee in any manner consistent with law. (d) The decision of the state board shall be sent to the county superintendent of schools pursuant to Section 35755. (Amended by Stats. 2022, Ch. 301, Sec. 4. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35710.51. Source version: id_e362bb9c-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) The county superintendent of schools, within 35 days after receiving the notification provided by Section 35710, shall call an election, in the manner prescribed in Part 4 (commencing with Section 5000), to be conducted at the next election of any kind in accordance with either of the following: (1) Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1. (2) Division 4 (commencing with Section 4000) of the Elections Code. (b) The county superintendent of schools shall call the election in the territory of districts as determined by the county committee on school district organization, or, in the case of territory transfers appealed to the state board pursuant to subdivision (c) of Section 35710.5, as determined by the state board. The county superintendent of schools shall not issue an order of election until after the time for an appeal pursuant to subdivision (b) of Section 35710.5 has elapsed. (Amended by Stats. 2014, Ch. 327, Sec. 5. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35711. Source version: id_92e6a74a-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. (a) A person questioning the finding of the county committee pursuant to Section 35709, 35710, or paragraph (2) or (3) of subdivision (a) of Section 35722 that the action to transfer territory or form one or more new districts will not adversely affect the racial or ethnic integration of the schools of the districts affected, may appeal a decision based on that finding. The appeal shall be made to the state board within 30 days. The appeal shall be based upon factual and statistical evidence. The secretary of the state board shall expeditiously notify the county superintendent of schools upon the filing of the appeal. Upon the filing of the appeal, the action of the county committee shall be stayed, pending the outcome of the appeal. (b) If the state board denies the appeal, the decision of the county committee shall stand. If the state board approves the appeal, it shall review the findings of the county committee at a regular meeting of the state board. (c) The state board shall notify the county committee of its decision on the appeal. If the state board approves the appeal, the county committee shall transmit a copy of the proceedings to the state board within 30 days after receipt of notice. The state board shall review the transcript, considering all factors involved. The state board may reverse, or may affirm, the decision of the county committee, or if it appears that inadequate consideration was given to the effect of the transfer on integration of the schools of the school districts affected, it shall direct the county committee to reconsider its decision and for this purpose to hold another hearing. (d) The secretary of the state board shall notify the county superintendent of schools of the state board’s final action regarding the appeal. If the action of the county committee to approve a territory transfer ultimately stands following the state board action, Section 35709 and subdivision (a) of Section 35710 shall apply, as appropriate. (e) The county superintendent of schools shall not call an election pursuant to subdivision (a) of Section 35710 until after the time for an appeal pursuant to subdivision (a) of this section has elapsed. (Amended by Stats. 2022, Ch. 301, Sec. 5. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 1. Reorganization of School Districts by the Electorate [35700 - 35712] SECTION 35712. Source version: id_d31cfc40-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=1. The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary. (Added by Stats. 1990, Ch. 1658, Sec. 7.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] SECTION 35720. Source version: id_d31cfc44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=2. Each county committee on school district organization shall, under the direction of the State Board of Education, formulate plans and recommendations for the organization of the districts in the county or any portion thereof including, if appropriate, a portion of one or more adjacent counties. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] SECTION 35720.5. Source version: id_61106a0c-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=2. (a) The county committee shall adopt a tentative recommendation following which action it shall hold one or more public hearings in the area proposed for reorganization at least 30 days before submission of a final recommendation for unification or other reorganization to the state board. (b) The public hearing required by this section shall be called when both of the following conditions are met: (1) Notice is sent to the governing board of each affected district at least 10 days before the hearing. (2) Notice of the hearing is either published in a newspaper of general circulation or posted in every schoolhouse and at least three public places in the affected territory, school district, or school districts. (c) The notice shall contain information as to the time, place, and purpose of the hearing. (Amended by Stats. 2016, Ch. 186, Sec. 28. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] SECTION 35721. Source version: id_d31cfc48-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=2. (a) On receipt of a petition signed by at least 10 percent of the qualified electors residing in any district for a consideration of unification or other reorganization of any area, the county committee shall hold a public hearing on the petition at a regular or special meeting. (b) On receipt of a petition signed by at least 5 percent of the qualified electors residing in a school district with over 200,000 pupils in average daily attendance in which the petition is to reorganize the district into two or more districts, the county committee shall hold a public hearing on the petition at a regular or special meeting. (c) On receipt of a resolution approved by a majority of the members of a city council, county board of supervisors, governing body of a special district, or local agency formation commission that has jurisdiction over all or a portion of the school district for consideration of unification or other reorganization of any area, the county committee shall hold a public hearing on the proposal at a regular or special meeting. (d) Following the hearing conducted pursuant to subdivision (a), (b), or (c), the county committee shall grant or deny the petition. If the county committee grants the petition, it shall adopt a tentative recommendation following which action it shall hold one or more public hearings in the area proposed for reorganization. The provisions of Sections 35705 and 35705.5 shall apply to any such public hearing. (Amended by Stats. 2000, Ch. 761, Sec. 1.5. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] SECTION 35721.5. Source version: id_d31e82ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=2. Before initiating proceedings to consider any reorganization plan, the county committee on school district organization shall provide written notice of the proposed action to the local agency formation commission for the affected area. (Added by Stats. 2000, Ch. 761, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] SECTION 35722. Source version: id_9773a97c-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=2. (a) Following the public hearing, or the last public hearing, required by Section 35720.5 or subdivision (d) of Section 35721, the county committee may adopt a final recommendation for unification or other reorganization and shall take one of the following actions: (1) Transmit that recommendation together with the petition filed under subdivision (a) or (b) of Section 35721, or with the resolution filed under subdivision (c) of Section 35721, if any, to the state board for hearing as provided in Article 4 (commencing with Section 35750). (2) Transmit the petition to the state board and order the reorganization granted if the requirements of Section 35709 are satisfied. (3) Transmit the petition to the state board and order that an election be held if the requirements of Section 35710 are satisfied. (b) An action of the county committee that results in a transmittal described in either paragraph (2) or (3) of subdivision (a) may be appealed to the state board pursuant to Section 35710.5 or 35711. (Amended by Stats. 2022, Ch. 301, Sec. 6. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] SECTION 35723. Source version: id_d31e82ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=2. When a county committee selects an area for study for possible recommendation for reorganization which includes territory of one or more school districts under the jurisdiction of the county superintendent of schools of another county, the county committee shall so notify the members of the county committee of such other county. Thereafter, the members of the county committee of such other county shall be notified by mail of each public hearing or meeting of the county committee at which the proposed reorganization will be considered at least 10 days prior to the day of such hearing or meeting. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization [35720 - 35724] SECTION 35724. Source version: id_d31e82f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=2. If plans and recommendations adopted by a county committee propose changes in the boundaries or status of school districts under the jurisdiction of the superintendent of any adjacent county, the county committee of each such adjacent county shall be requested in writing to concur in the plans and recommendations. If the county committee of an adjacent county concurs in the plans and recommendations, the concurrence shall accompany the recommendations transmitted to the State Board of Education. If the county committee of an adjacent county fails to respond to the request for concurrence within 90 days of the date of the request, such failure shall be deemed to be a concurrence in the plans and recommendations. If a county committee of an adjacent county does not concur in the plans and recommendations, it shall so notify the other county committee in writing and accompany the notification with plans and recommendations for the reorganization of school districts of its county including territory that would be affected by the plans and recommendations of the other county committee. After 60 days from the notification of nonconcurrence, if the county committees are still unable to agree upon plans and recommendations for reorganization of the territory, the county committees, or any of them, may submit plans and recommendations to the State Board of Education, and the board may approve or reject the plans, or any of them, in the same manner as other plans and recommendations. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35730. Source version: id_d3200994-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. The plans and recommendations, in connection with the proposed formation of a new unified school district to include within its boundaries a chartered city, may provide that the establishment and existence of the governing board of the district shall be governed by the charter of the city and not exclusively by general law. Upon adoption of plans and recommendations containing such provision, the establishment and existence of the governing board of the district shall thenceforth be governed exclusively by the city charter and the board shall be a city board of education of a chartered city. In the absence of such a recommendation, the proposed new unified district shall be governed by general law. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35730.1. Source version: id_d3200996-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. Any reorganization of a school district with more than 500,000 pupils in average daily attendance shall require that each new district created meets the following conditions: (a) Socioeconomic diversity. (b) Geographical compactness. (c) Equity of resource distribution. (d) Compliance with Crawford v. Board of Education, 17 Cal. 3d 280, and the terms of the consent decree in Rodriquez v. Los Angeles Unified School District, Consent Decree No. C-611358. (e) Preservation of the policies used by magnet schools, charter schools, site-based management initiatives, and the LEARN program as those policies already exist in practice or pursuant to law. (f) Compliance with the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (g) Compliance with the federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971), as amended. (h) The formation of the new school districts does not result in the diminution of minority protections. (i) The maintenance of the conditions of all collective bargaining agreements until their expirations. (j) Recognition of the existing retiree health, dental, and vision care benefits. (Added by Stats. 1995, Ch. 412, Sec. 2. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35731. Source version: id_d3219038-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. In any proposal for unification, plans and recommendations may include a provision for a governing board of seven members. In the absence of such a provision, any proposed new district shall have a governing board of five members. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35732. Source version: id_d321903a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. Plans and recommendations may include a provision specifying the territory in which the election to reorganize the school districts will be held. In the absence of such a provision, the election shall be held only in the territory proposed for reorganization. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35733. Source version: id_d321903c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. Whenever the recommendation is to divide the entire territory of an existing school district into two or more separate school districts, the recommendation may provide that the plans and recommendations be voted upon as a single proposition. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35734. Source version: id_d321903e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. The plans and recommendations may include a provision for trustee areas that provide for representation in accordance with population and geographic factors of the entire area of the district. Any provision of that kind shall also specify the boundaries of the proposed trustee areas and shall specify whether members of the governing board shall be elected by the registered voters of the entire school district or by only the registered voters of that particular trustee area. A proposal for trustee areas shall be considered as an inherent part of the proposal and not as a separate proposition. In the absence of a provision for trustee areas, the proposed new district shall have a governing board elected by the registered voters of the entire district. (Amended by Stats. 1987, Ch. 1452, Sec. 214.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735. Source version: id_ed580aa5-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. (a) Each proposal for the reorganization of school districts shall include a computation of the local control funding formula entitlement determined pursuant to Section 42238.02, as implemented by Section 42238.03, for the districts. That computation shall be an integral part of the proposal, and shall not be considered separately from the proposal. The funding computations for the reorganized school districts shall be made consistent with the calculations established in this article, and shall be based on the current information available for each affected school district for the second principal apportionment period for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective. (b) The county superintendent of schools shall compute the local control funding formula entitlement pursuant to this article for a school district involved in an action to reorganize. (c) (1) For a former school district that has been wholly included in more than one new or acquiring district, the county superintendent of schools with jurisdiction over the reorganized school district shall compute the local control funding formula entitlement pursuant to this article. As part of this computation, and except as otherwise provided in this article, the county superintendent of schools may determine both of the following: (2) (A) The prior year funded average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized school district. (B) Consistent with paragraph (1), the division of all of the following types of funding attributed to a former district when all of the territory of that former district is made part of two or more new or acquiring districts: (i) Categorical program funding provided pursuant to subdivisions (g) and (h) of Section 42238.02, paragraph (2) of subdivision (a) of Section 42238.03, and subdivision (e) of Section 42238.03. (ii) Economic recovery target payments computed pursuant to paragraph (2) of subdivision (d) of Section 42238.025. (iii) Necessary small school allowances provided for minimum state aid pursuant to subparagraph (D) of paragraph (1) of subdivision (e) of Section 42238.03, except that in no case shall the allowance attributed to a single necessary small elementary or necessary small high school be divided among more than one new or acquiring district. (3) The funding calculated pursuant to this subdivision shall be incorporated by the Superintendent into the new or acquiring district’s calculations as if it were a former district that is wholly included in the new district, provided that the required information is submitted to the Superintendent within the timeframe established by the Superintendent. If the county superintendent of schools does not provide all of the information in paragraphs (1) and (2), the funding shall not be included in the new or acquiring district’s calculations. (d) For all actions to reorganize, except for those actions approved pursuant to subdivision (b) of Section 35710, or appealed pursuant to subdivision (c) of Section 35710, Section 35710.5, or Section 35711, the Superintendent shall compute the local control funding formula entitlement for a reorganized school district pursuant to Section 42238.02, as implemented by Section 42238.03. (e) The Superintendent may make adjustments to the local control funding formula entitlements computed pursuant to subdivisions (b) and (c), if those adjustments are necessary to cause those entitlements to be consistent with this article. (f) For purposes of this article, a lapse pursuant to Section 35780.1 shall be considered an action to reorganize pursuant to subdivision (b) of Section 35511. (g) Any costs incurred by the county superintendent of schools in preparing reports pursuant to this section or Sections 35735.1 to 35735.9, inclusive, may be billed to the affected school districts on a proportionate basis. (Amended by Stats. 2015, Ch. 448, Sec. 5. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.1. Source version: id_23cc43bf-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. For purposes of paragraph (5) of subdivision (b) of Section 42238.02, reorganized districts shall have their percentages of unduplicated pupils calculated as follows: (a) (1) For a new district in the first fiscal year of operation, include only the current fiscal year unduplicated pupil and enrollment counts used to establish the current fiscal year percentage. (2) For a new district in the second fiscal year of operation, include only the current fiscal year and prior fiscal year unduplicated pupil and enrollment counts to establish the current fiscal year percentage. (3) For a new district in the third and subsequent fiscal years of operation, include the current fiscal year, prior fiscal year, and second prior fiscal year unduplicated pupil and enrollment counts to establish the current fiscal year percentage. (b) For an acquiring district in the first fiscal year of operation after the reorganization, retain the prior fiscal year and second prior fiscal year unduplicated pupil and enrollment counts from the fiscal years before the reorganization. For the current fiscal year and each subsequent fiscal year after reorganization, include the unduplicated pupil and enrollment counts for all pupils who are being served by the acquiring district. (c) For the remaining portion of a divided district, the percentage calculation shall include the prior and second prior fiscal year unduplicated pupil and enrollment counts from the fiscal years before the reorganization. For the current and each subsequent fiscal year after reorganization, include only the unduplicated pupil and enrollment counts for the pupils who are being served by the remaining portion of the divided district. (Repealed and added by Stats. 2015, Ch. 448, Sec. 7. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.2. Source version: id_45daadd3-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. For purposes of subdivisions (g) and (h) of Section 42238.02, paragraph (2) of subdivision (a) of Section 42238.03, and subdivision (e) of Section 42238.03, reorganized districts shall have categorical program funding determined as follows: (a) (1) A new district shall retain the same amount of categorical funding received by each former district before the reorganization. A new district shall not retain any categorical funding received by divided districts before the reorganization. (2) If the new district is composed wholly of former districts, it shall receive a reduction pursuant to paragraph (2) of subdivision (a) of Section 42238.03 only to the extent that the new district would have received a reduction in the 2012–13 fiscal year. (3) If the new district is comprised of former districts and one or more divided districts, it shall receive a reduction pursuant to paragraph (2) of subdivision (a) of Section 42238.03 only to the extent that the former districts received a reduction in the 2012–13 fiscal year. (b) (1) An acquiring district shall retain the same amount of categorical funding it received before the reorganization, plus the amount of categorical funding received by each former district before the reorganization. An acquiring district shall not retain any categorical funding received by divided districts before the reorganization. (2) If the acquiring district is composed wholly of former districts, it shall receive a reduction pursuant to paragraph (2) of subdivision (a) of Section 42238.03 only to the extent that the acquiring district would have received a reduction in the 2012–13 fiscal year. (3) If the acquiring district comprises a former district and one or more divided districts, it shall receive a reduction pursuant to paragraph (2) of subdivision (a) of Section 42238.03 only to the extent that the former district received a reduction in the 2012–13 fiscal year. (c) (1) The remaining portion of a divided district shall retain the same amount of categorical funding it received before the reorganization. (2) If a divided district received a reduction pursuant to paragraph (2) of subdivision (a) of Section 42238.03, it shall continue to receive that reduction. (d) If the reorganization includes a former district that has been wholly included in more than one new or acquiring districts, the categorical funding shall be determined pursuant to subdivision (c) of Section 35735. (Added by Stats. 2015, Ch. 448, Sec. 8. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.3. Source version: id_4acab795-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. (a) A new or acquiring district shall receive an economic recovery target payment pursuant to paragraph (2) of subdivision (d) of Section 42238.025 that is equal to the sum of the amounts determined for each former district that was eligible to receive an economic recovery target payment pursuant to paragraph (1) of subdivision (d) of Section 42238.025 before the reorganization. (b) The remaining portion of a divided district shall retain the same amount of economic recovery target funding pursuant to paragraph (2) of subdivision (d) of Section 42238.025 that it was eligible to receive before the reorganization. (c) If the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the economic recovery target funding shall be determined pursuant to subdivision (c) of Section 35735. (Added by Stats. 2015, Ch. 448, Sec. 9. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.4. Source version: id_4fa84ac7-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. For purposes of subdivision (d) of Section 42238.03, a reorganized district shall be deemed to have a zero difference in the prior fiscal year if one of the following conditions is met: (a) For a new district resulting from an action to reorganize pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511, each former district had a zero difference in the prior fiscal year. (b) For a new district resulting from an action to reorganize pursuant to paragraph (4) subdivision (a) of Section 35511, the original district had a zero difference in the prior fiscal year. (c) For an acquiring district affected by an action to reorganize taken pursuant to subdivision (b) of Section 35511, the acquiring district has a zero difference in the prior fiscal year. (Repealed and added by Stats. 2015, Ch. 448, Sec. 11. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.5. Source version: id_555059e9-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section 35511, the funding amount per unit of average daily attendance pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 42238.03 shall be calculated, as follows: (1) If the reorganization took place before December 31, 2013, for each affected district: (A) Blend the revenue limit pursuant to Section 35735.1, as that section read on January 1, 2013. (B) Multiply the average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective by the per unit of average daily attendance amount computed pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 42238.03. (C) Add the products determined in subparagraph (B) and divide by the sum of units of average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective for all affected districts. (2) If the reorganization took place after December 31, 2013, for each affected district: (A) Multiply the average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective by the per unit of average daily attendance amount computed pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 42238.03. (B) Add the products determined in subparagraph (A) and divide by the sum of units of average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective for all affected districts. (3) (A) For purposes of paragraphs (1) and (2), average daily attendance shall be the funded average daily attendance as of the second principal apportionment. (B) If the reorganization includes a divided district, the following shall apply: (i) For purposes of paragraph (1), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district. (ii) For purposes of paragraph (2), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district in the first fiscal year the reorganization becomes effective. If no average daily attendance of the divided district is estimated to be served in the first fiscal year of the reorganization, the divided district’s funding shall not be included in the blending calculation made pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 42238.03. (C) For purposes of paragraph (1) or (2), if the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the average daily attendance shall be the average daily attendance reported pursuant to subdivision (c) of Section 35735. (b) For a new district formed as a result of deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the funding amount per unit of average daily attendance pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 42238.03 shall be equal to the amount calculated for the original district for the fiscal year before the fiscal year in which the reorganization is to become effective. (Added by Stats. 2015, Ch. 448, Sec. 12. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.6. Source version: id_5a13603b-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section 35511, the funding amount per unit of average daily attendance pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03, shall be calculated as follows: (1) If the reorganization took place before December 31, 2013, for each affected district: (A) Multiply the average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective by the per unit of average daily attendance amount computed pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03. (B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year two years immediately preceding the fiscal year in which the reorganization is to become effective for all affected districts. (C) No adjustment shall be made for paragraphs (2) and (3) of subdivision (a) of Section 35735.1, as that section read on January 1, 2013. (2) If the reorganization took place after December 31, 2013, for each affected district: (A) Multiply the average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective by the per unit of average daily attendance amount computed pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03. (B) Add the products determined in subparagraph (A), and divide by the sum of units of average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective for all affected school districts. (3) (A) For purposes of paragraphs (1) and (2), average daily attendance shall be the funded average daily attendance as of the second principal apportionment. (B) If the reorganization includes a divided district, the following shall apply: (i) For purposes of paragraph (1), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district. (ii) For purposes of paragraph (2), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district in the fiscal year the first reorganization becomes effective. If no average daily attendance of the divided district is estimated to be served in the first fiscal year of the reorganization, the divided district’s funding shall not be included in the blending calculation made pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03. (C) For purposes of paragraph (1) or (2), if the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the average daily attendance shall be the average daily attendance reported pursuant to subdivision (c) of Section 35735. (b) For a new district formed as a result of deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the funding amount per unit of average daily attendance pursuant to subparagraph (A) of paragraph (1) of subdivision (e) of Section 42238.03 shall be equal to the amount calculated for the original district for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective. (Added by Stats. 2015, Ch. 448, Sec. 13. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.7. Source version: id_5ed0731d-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section 35511, the funding amount per unit of average daily attendance pursuant to paragraph (4) of subdivision (a) of Section 42238.03 shall be calculated as follows: (a) If the reorganization took place before December 31, 2013: (1) For each affected district, divide the amount of funding received in the immediately preceding fiscal year pursuant to paragraph (4) of subdivision (a) of Section 42238.03 as of the second principal apportionment by the units of average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective. (2) For each affected district, multiply the amount determined in paragraph (1) by the average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective. (3) Add the products determined in paragraph (2), and divide that sum by the sum of the average daily attendance determined in paragraph (2) for all affected districts. (b) If the reorganization took place after December 31, 2013: (1) For each affected district, divide the amount of funding received in the immediately preceding fiscal year pursuant to paragraph (4) of subdivision (a) of Section 42238.03 as of the second principal apportionment by the units of average daily attendance for the fiscal year prior to the fiscal year in which the reorganization is to become effective. (2) For each affected district, multiply the amount determined in paragraph (1) by the average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective. (3) Add the products determined in paragraph (2), and divide that sum by the sum of the average daily attendance determined in paragraph (2) for all affected districts. (c) (1) For purposes of subdivisions (a) and (b), average daily attendance shall be the funded average daily attendance as of the second principal apportionment. (2) If the reorganization includes a divided district, the following shall apply: (A) For purposes of subdivision (a), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district. (B) For purposes of subdivision (b), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district in the first fiscal year the reorganization becomes effective. If no average daily attendance of the divided district is estimated to be served in the first fiscal year of the reorganization, the divided district’s funding shall not be included in the blending calculation pursuant to paragraph (4) of subdivision (a) of Section 42238.03. (3) For purposes of subdivisions (a) and (b), if the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the average daily attendance shall be the average daily attendance reported pursuant to subdivision (c) of Section 35735. (Added by Stats. 2015, Ch. 448, Sec. 14. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.8. Source version: id_6394b1ef-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section 35511, the funding amount per unit of average daily attendance pursuant to Sections 42289 to 42289.5, inclusive, for purposes of determining funding pursuant to paragraph (2) of subdivision (i) of Section 42283.02, shall be calculated as follows: (1) If the reorganization took place before December 31, 2013, for each affected district: (A) Multiply the average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective by the amount computed pursuant to subdivision (b) of Section 42287 for the fiscal year two years before the fiscal year in which the reorganization is to become effective. (B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective for all affected districts. (C) Increase the amount determined in subparagraph (B) by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the fiscal year immediately preceding the fiscal year in which reorganization is to become effective. (2) If the reorganization took place after December 31, 2013, for each affected district: (A) Multiply the average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective by the amount computed pursuant to subdivision (b) of Section 42287 for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective. (B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective for all affected districts. (3) (A) For purposes of paragraphs (1) and (2), average daily attendance shall be the funded average daily attendance as of the second principal apportionment. (B) If the reorganization includes a divided district, both of the following shall apply: (i) For purposes of paragraph (1), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district. (ii) For purposes of paragraph (2), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district in the first year the reorganization becomes effective. If no average daily attendance of the divided district is estimated to be served in the first year of the reorganization, the divided district’s funding shall not be included in the blending calculation pursuant to paragraph (2) of subdivision (i) of Section 42238.02. (C) For purposes of paragraph (1) or (2), if the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the average daily attendance shall be the average daily attendance reported pursuant to subdivision (c) of Section 35735. (b) For a new district formed as a result of deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the funding amount per unit of average daily attendance shall be equal to the amount calculated for the original district for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective. (Added by Stats. 2015, Ch. 448, Sec. 15. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.9. Source version: id_685ff5a1-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. (a) For a new district or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section 35511, the funding amount per unit of average daily attendance pursuant to Sections 42289 to 42289.5, inclusive, for purposes of determining funding pursuant to subparagraph (D) of paragraph (1) of subdivision (a) of Section 42283.03, shall be calculated as follows: (1) If the reorganization took place before December 31, 2013, for each affected district: (A) Multiply the average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective by the amount per unit of average daily attendance that corresponds to the 2012–13 fiscal year funding amounts pursuant to Sections 42289 to 42289.5, inclusive, and Section 42238.146, as that section read on June 15, 2015. (B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year two years before the fiscal year in which the reorganization is to become effective for all affected districts. (2) If the reorganization took place after December 31, 2013, for each affected district: (A) Multiply the average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective by the amount per unit of average daily attendance that corresponds to the 2012–13 fiscal year funding amounts pursuant to Sections 42289 to 42289.5, inclusive, and Section 42238.146, as that section read on June 15, 2015. (B) Add the products determined in subparagraph (A), and divide that sum by the sum of units of average daily attendance for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective for all affected districts. (3) (A) For purposes of paragraphs (1) and (2), average daily attendance shall be the funded average daily attendance as of the second principal apportionment. (B) If the reorganization includes a divided district, the following shall apply: (i) For purposes of paragraph (1), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district. (ii) For purposes of paragraph (2), the average daily attendance shall be estimated by the county office of education and reported to the department based on the units of average daily attendance to be served by the reorganized district in the first fiscal year the reorganization becomes effective. If no average daily attendance of the divided district is estimated to be served in the first fiscal year of the reorganization, the divided district’s funding shall not be included in the blending calculation pursuant to subparagraph (D) of paragraph (1) of subdivision (a) of Section 42238.03. (C) For purposes of paragraph (1) or (2), if the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the average daily attendance shall be the average daily attendance reported pursuant to subdivision (c) of Section 35735. (b) For a new district formed as a result of deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the funding amount per unit of average daily attendance shall be equal to the amount calculated for the original district for the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective. (Added by Stats. 2015, Ch. 448, Sec. 16. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35735.10. Source version: id_402c5d21-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. For the purpose of determining funding pursuant to subparagraph (D) of paragraph (1) of subdivision (e) of Section 42238.03, the following shall apply to districts affected by reorganization pursuant to Section 35511 or a lapse pursuant to Section 35780.1: (a) A new district shall receive the same amount of the 2012–13 fiscal year funding allowance provided for qualifying necessary small elementary schools and necessary small high schools received by each former district in the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective if the former district has been wholly included in the new district. (b) An acquiring district shall retain the same amount as the 2012–13 fiscal year funding allowance provided for its qualifying necessary small elementary schools and necessary small high schools in the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective and any such allowance provided to a former district if the former district has been wholly included in the acquiring district. (c) A divided district shall retain the same amount of the 2012–13 fiscal year funding allowance provided for its qualifying necessary small elementary schools and necessary small high schools in the fiscal year immediately preceding the fiscal year in which the reorganization is to become effective. (d) If the reorganization includes a former district that has been wholly included in more than one new or acquiring district, the necessary small school allowance for minimum state aid shall be determined pursuant to subdivision (c) of Section 35735. (Added by Stats. 2015, Ch. 448, Sec. 17. (SB 148) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35736. Source version: id_6b513b2e-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. Plans and recommendations may include a proposal for dividing the property, other than real property, and obligations of any school district proposed to be divided between two or more new or acquiring districts, or proposed to be partially included in one or more new or acquiring districts. As used in this section, “property” includes funds, cash on hand, and moneys due but uncollected on the date reorganization becomes effective for all purposes, and state apportionments based on average daily attendance earned in the year immediately preceding the date reorganization becomes effective for all purposes. In providing for this division, the plans and recommendations may consider the assessed valuation of each portion of the school district, the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, in each school district, the number of children of schoolage residing in each portion of the school district, the value and location of the school property, and other matters that may be deemed pertinent and equitable. Any such proposal shall be an integral part of the proposal and not a separate proposition. (Amended by Stats. 2016, Ch. 186, Sec. 29. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35736.5. Source version: id_7a3914e3-2f7f-11e3-a1bf-e0a3fa6e661b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. Sections 35735 to 35736, inclusive, shall only apply to actions to reorganize school districts for which the order to reorganize, pursuant to Section 35765, is appropriately filed after December 1, 2013, pursuant to Section 54902 of the Government Code. Actions to reorganize school districts for which the order to reorganize is appropriately filed on or before December 1, 2013, shall be implemented pursuant to Sections 35735 to 35736, inclusive, as those sections read on January 1, 2013. (Amended by Stats. 2013, Ch. 357, Sec. 13. (SB 97) Effective September 26, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35737. Source version: id_d3249d8c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. Plans and recommendations may include a provision specifying that the election for the first governing board will be held at the same time as the election on the reorganization of the school districts. If such a provision is included, it shall specify the method whereby the length of the initial terms may be determined so that the governing board will ultimately have staggered terms which expire in years with regular election dates. In the absence of such a provision, the election of the first governing board will take place on the first regular election following the passage of the reorganization proposal. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3. Contents of Plans and Recommendations [35730 - 35738] SECTION 35738. Source version: id_d3249d8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3. Plans and recommendations may include a method of dividing the bonded indebtedness other than the method specified in paragraphs (1) and (2) of subdivision (b) of Section 35576 for the purpose of providing greater equity in the division. Consideration may be given to the assessed valuation, number of pupils, property values, and other matters which the petitioners or county committee deems pertinent. (Amended by Stats. 2003, Ch. 62, Sec. 41. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 3.5. Fiscal Actions of Newly Organized or Reorganized School Districts [35740- 35740.] SECTION 35740. Source version: id_7590acc0-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=3.5. In addition to satisfying the requirements of subdivision (j) of Section 42127.6, upon the approval of a petition for reorganization and continuing after the certification of the election results for an action to reorganize a school district pursuant to Section 35763, or upon the appointment of an interim governing board pursuant to Section 35100, until the effective date of the reorganized district in accordance with Article 4 (commencing with Section 35530) of Chapter 3, an affected district is subject to all of the following: (a) (1) The interim board or the governing board of the original district or districts, and, where applicable, the administrators of the original district or districts, shall notify the county superintendent of schools in writing, and provide relevant documents and information no less than 10 schooldays before taking any action on any matter that could have a material fiscal impact on, or impose a debt or liability on, the original, proposed, or reorganized school district. (2) Notwithstanding any other law, failure to provide the notice and relevant documents and information required by paragraph (1) shall nullify the action taken by the board or administrator of the affected district or districts. (3) As used in this section, “schoolday” means a day upon which the schools of the district are in session or nonholiday weekdays during the summer recess. (b) The county superintendent of schools may review any action taken or proposed to be taken by any interim or existing governing board or school district administrators to determine whether that action would have a material fiscal impact, debt, or liability on the original, proposed, or reorganized school district. If, based on the review of the county superintendent of schools, the county superintendent of schools determines that the action or proposed action would have a material fiscal impact on the original, proposed, or reorganized school district, and that action is unnecessary for the immediate functioning of the original or reorganized school district, the county superintendent of schools may stay or rescind that action. The county superintendent of schools shall inform the original or interim reorganized school district governing board or the school district administrators in writing of his or her justification for the exercise of authority under this subdivision to stay or rescind any action of the interim or original school district governing board. (c) A school district shall provide any documents or information requested by the county superintendent of schools in a timely manner related to proposed actions that are under review pursuant to this section. (d) The provisions of this section shall apply irrespective of a school district’s budget or certification status under Article 2 (commencing with Section 42120) or Article 3 (commencing with Section 42130) of Chapter 6 of Part 24. (Amended by Stats. 2016, Ch. 186, Sec. 30. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35750. Source version: id_d3262432-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. The State Board of Education shall establish minimum standards which it shall apply in approving or disapproving petitions and proposals for the formation or reorganization of school districts. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35751. Source version: id_d3262434-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. When it is necessary for the State Board of Education to consider petitions submitted under this chapter and prepare a proposal relating to such a petition, each county superintendent of schools and every other county officer in the counties affected, and the district superintendent of the school districts affected shall provide the statistical information required by the Department of Education to complete the study. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35752. Source version: id_645ea35e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. (a) When a petition for the reorganization of a school district is received in the office of the secretary of the state board, the secretary shall set the petition for hearing at a regular or special meeting of the state board. At least 30 days prior to the date of the hearing, he or she shall send by registered mail a notice containing a general statement of the purpose of the petition and the time and place of the hearing to each of the following persons or agencies: (1) The governing board and district superintendent of each school district whose boundaries would be affected. (2) The county superintendent and county committee of each county that has jurisdiction over any of the districts whose boundaries would be affected. (3) The persons designated in the petition as “chief petitioners.” (b) A petition for the reorganization of a school district initiated pursuant to subdivision (d) of Section 35700, and transmitted to the state board pursuant to Section 35707, shall be withdrawn from consideration if both of the following occur: (1) A majority of the members of the governing board of each school district initiating the petition approves a resolution requesting withdrawal of the petition. (2) The county committee on school district organization transmitting the petition to the state board approves a resolution supporting withdrawal of the petition. (c) A resolution for the reorganization of a school district initiated pursuant to subdivision (c) of Section 35721 and transmitted to the state board pursuant to Section 35722 shall be withdrawn from consideration if the state board receives a resolution from the county committee on school district organization transmitting the petition to the state board requesting withdrawal of the petition. (Amended by Stats. 2006, Ch. 730, Sec. 8.5. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35753. Source version: id_7f015ca2-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. (a) The state board may approve proposals for the reorganization of school districts, if the state board has determined, with respect to the proposal and the resulting school districts, that all of the following conditions are substantially met: (1) The reorganized districts will be adequate in terms of number of pupils enrolled. (2) The school districts are each organized on the basis of a substantial community identity. (3) The proposal will result in an equitable division of property and facilities of the original district or districts. (4) The reorganization of the school districts will preserve each affected district’s ability to educate pupils in an integrated environment and will not promote racial or ethnic discrimination or segregation. (5) Any increase in costs to the state as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization. (6) The proposed reorganization will continue to promote sound education performance and will not significantly disrupt the educational programs in the affected districts. (7) Any increase in school facilities costs as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization. (8) The proposed reorganization is primarily designed for purposes other than to significantly increase property values. (9) The proposed reorganization will continue to promote sound fiscal management and not cause a substantial negative effect on the fiscal status of the affected district. (10) Any other criteria that the state board may, by regulation, prescribe. (b) The state board may approve a proposal for the reorganization of school districts if the state board determines that it is not practical or possible to apply the criteria of this section literally, and that the circumstances with respect to the proposals provide an exceptional situation sufficient to justify approval of the proposals. (Amended by Stats. 2016, Ch. 186, Sec. 31. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35754. Source version: id_895121e4-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. After affording interested persons an opportunity to present their views on the petition to reorganize school districts, and after hearing any findings and recommendations of the Superintendent, the state board shall approve or disapprove the petition. If the state board approves the petition, it may amend or include in the proposal any of the appropriate provisions of Article 3 (commencing with Section 35730). (Amended by Stats. 2016, Ch. 186, Sec. 32. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35755. Source version: id_93980d86-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. After the state board has approved the plans and recommendations for the unification or other reorganization of the school districts in any area, including approval through affirmation or reversal of the action of a county committee, the secretary of the state board shall give notice of the approval to the county superintendent of schools having jurisdiction over any of the school districts whose boundaries or status would be affected by the reorganization as proposed. (Amended by Stats. 2016, Ch. 186, Sec. 33. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35756. Source version: id_9c0120de-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. The county superintendent of schools, within 35 days after receiving the notification provided by Section 35755, shall call an election, to be conducted at the next election of any kind in the territory of districts as determined by the state board, in accordance with either of the following: (a) Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1 of this code. (b) Division 4 (commencing with Section 4000) of the Elections Code. (Amended by Stats. 2022, Ch. 301, Sec. 7. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35756.5. Source version: id_d327aae0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. In the case of the transfer of territory from one district to another, if the transfer is opposed by the governing boards of one or more of the districts affected with an average daily attendance of 900 or less, the territory in which the election is held shall include the entire territory of the districts opposing the transfer. Each district with an average daily attendance of 900 or less which is included in an election because of the objection of its governing board to the transfer shall bear the additional cost of holding the election in that portion of its territory not otherwise included in the election. When a majority of the votes cast in the school district opposing the transfer and a majority of the votes cast in the entire territory in which the election is held are in favor of the reorganization, the proposal carries. (Amended by Stats. 1987, Ch. 917, Sec. 10.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35757. Source version: id_47ef25d6-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. The county superintendent of schools shall prepare a statement of official information and statistics relating to the proposed reorganization that shall include, but is not limited to, the plans and recommendations, the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, per pupil, the rate of growth, the expected enrollment, and the support from the state that can be expected if such area maintains an adequate school program. Such statistics shall be based upon the school year last completed before the date of the election. (Amended by Stats. 2015, Ch. 19, Sec. 31. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35758. Source version: id_d327aae4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. The county superintendent of schools calling the election shall cause to be prepared and distributed a statement setting forth arguments for and against the recommendations. The argument shall not exceed 500 words. The argument in favor of the recommendation shall be prepared by the president of the county board or by a proponent of the recommendations designated by the president. The arguments against the recommendations shall be prepared by a member of the county board who voted against the recommendations, or, if there be none, by an elector designated by the county superintendent of schools who has appeared before the board or at a public hearing in opposition to the recommendation. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35759. Source version: id_9dd3ae88-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. The cost of preparation and distribution of the statement setting forth the arguments in favor of, and those opposed to, the recommendations of the county board, and the cost of any election held pursuant to this article shall be a charge against the general fund of the county. If the proposed reorganized district is situated in more than one county, the cost of the election shall be prorated against each county in the same proportion as the assessed valuation of the territory of the proposed reorganized district lying in that county bears to the total assessed valuation of the proposed reorganized districts. (Amended by Stats. 2016, Ch. 186, Sec. 34. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35760. Source version: id_d3293188-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. (a) Any circular, pamphlet, letter, poster, or other campaign literature which is designed to promote either the passage or defeat of a ballot measure proposing the reorganization of school districts shall bear on its face, in a conspicuous place, either of the following: (1) The names and residence addresses of the chairmen and secretary, or the names and residence addresses of at least two officers of the organization issuing it, if issued by an organization. (2) The name and residence address, with the street and number, if any, of any individual responsible for it, if issued by an individual or individuals. (b) If any person eligible to vote upon such ballot measure has reason to believe that such campaign literature contains false and misleading statements, he or she may bring an action in the superior court for injunctive relief against further circulation of the literature, and if the court finds that the literature does, in fact, contain false and misleading statements, it may enjoin any further circulation of the literature. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35761. Source version: id_d329318a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. Every qualified elector residing within the territory in which the election is called shall be eligible to vote at such election. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35762. Source version: id_c8053b62-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. (a) The words to appear upon the ballots used for voting upon the adoption or rejection of the proposals for the reorganization of school districts shall be “Shall the school districts be reorganized as proposed?”, or words of similar import. To the right of or below those words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the proposal. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (b) If the plans and recommendations include a proposal for trustee areas in accordance with Section 35734, such proposal shall be considered a part of the reorganization proposition to be voted upon, and the ballot shall include wording to that effect. (Amended by Stats. 2025, Ch. 303, Sec. 9. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35763. Source version: id_ba06ab44-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. Upon the completion of the canvass of the election returns and the vote by mail ballots, the county superintendent of schools shall tabulate the returns and the vote by mail ballots, and notify the Superintendent of Public Instruction, the board of supervisors and the governing board of each affected school district of the number of votes cast for, and the number of votes cast against, the reorganization of school districts in each school district and also the total number of votes cast for, and the total number of votes cast against, the reorganization of school districts. (Amended by Stats. 2007, Ch. 508, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35764. Source version: id_d3293190-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. When a majority of all the votes cast are cast in favor of the reorganization or other proposal, the proposal carries. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35765. Source version: id_d3293192-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. After the board of supervisors receives a proper certificate of election or other proper evidence that an action to organize or reorganize school districts has been approved as provided by law, the board of supervisors shall make an order to create, change, or terminate school districts as may be required by the action and establish or reestablish the boundaries of the districts affected by the action. The order shall be entered in the county’s record of school districts. If the action results in the creation of a district or a change of district boundaries of the type described in Section 54900 of the Government Code, the order of the board of supervisors shall include the legal description of each district created or changed in the action and, immediately after making the order, the board of supervisors shall cause a copy of the order and a map or plat indicating the boundaries established or reestablished for each district affected by the order to be filed as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2, Title 5 of the Government Code. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35766. Source version: id_d32ab834-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. After the expiration of one year from the date of the order, the order shall be conclusive evidence that the school district has been legally organized, or the boundaries legally changed, as the case may be, and no suit shall be maintained which questions the validity of the organization or change of boundaries. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35767. Source version: id_d32ab836-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. Except as otherwise provided in Article 1 (commencing with Section 35100) of Chapter 2 of Part 21, and notwithstanding the provisions of Section 35101, the county superintendent of schools having jurisdiction may consolidate the election for the purpose of electing the governing board of a unified school district proposed to be formed under Chapter 2 (commencing with Section 4200) of Part 3 with the election held for adopting or rejecting the plans and recommendations for the formation of a new district. The election shall be called, held, and conducted pursuant to Article 1 (commencing with Section 5000) of Chapter 1 of Part 4, Chapter 3 (commencing with Section 5300) of Part 4, and Article 1 (commencing with Section 35100) of Chapter 2 of Part 21, except that the question of formation of a unified school district and any other proposition to be voted upon shall appear on the ballot before the list of candidates for election to the governing board of the proposed unified district. (Added by renumbering Section 35104 by Stats. 1987, Ch. 1452, Sec. 191.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 4. Approval and Adoption of Plans and Recommendations [35750 - 35768] SECTION 35768. Source version: id_d32ab838-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=4. The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary. (Added by Stats. 1990, Ch. 1658, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35780. Source version: id_696078ae-fed2-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. (a) A school district that has been organized for more than three years shall be lapsed as provided in this article if the number of registered electors in the school district is less than six or if the average daily attendance of pupils in the school or schools maintained by the school district is less than six in kindergarten and grades 1 to 8, inclusive, or is less than 11 in grades 9 to 12, inclusive. The county board of education may defer the lapsation of the school district for one year upon adoption of a resolution approved by a majority of the members of the governing board of the school district and written concurrence of the county superintendent of schools. (b) For a new district that has been unable to provide the school facilities necessary for instructional services by employees of the school district to all of the pupils who are residents of the school district after five years from the date that the reorganization became effective, the county committee on school district organization, upon direction from the state board, shall initiate lapsation procedures pursuant to Section 35783 or revert the reorganized district to its original status. (c) A school district may also be lapsed when there are no school facilities or sites on which to maintain any school in the school district. (d) A school district may also be lapsed upon adoption of a resolution approved by a majority of the members of the governing board of the school district and written concurrence of the county superintendent of schools. (Amended by Stats. 2022, Ch. 52, Sec. 13. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35780.1. Source version: id_b25354fc-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. For purposes of this article, the following terms have the following meanings: (a) “Lapse” means dissolving a school district and annexing the entire territory of that school district to one or more adjoining school districts. (b) “Lapsation” means an action to lapse as defined by this section. (Amended by Stats. 2016, Ch. 186, Sec. 36. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35781. Source version: id_d32c3ede-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. The attendance of pupils residing in a unified district in high schools in an adjoining state pursuant to Section 44618 or Article 1 (commencing with Section 2000) of Chapter 7 of Part 2, shall be deemed for the purposes of this article to be in high schools established and maintained by the unified district. (Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35782. Source version: id_ec11c92e-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. Within 45 days before the close of each school year, the county committee shall conduct a public hearing on the issues specified in Section 35780. Notice of the public hearing shall be given at least 10 days in advance of the hearing to each member of the governing board of the lapsed district immediately before its lapsation, to each of the governing boards that adjoin the lapsed district, and to the high school district of which the lapsed elementary district is a component. (Amended by Stats. 2014, Ch. 327, Sec. 6. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35783. Source version: id_f4ee2850-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. After the hearing, and at least 30 days before the end of the school year, the county committee shall order the territory annexed to one or more adjoining districts as seems to the county committee to be in the best interest of the adjoining districts and the residents of the lapsed district. (Amended by Stats. 2014, Ch. 327, Sec. 7. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35784. Source version: id_d32c3ee4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. If the county committee orders the territory of a lapsed district annexed to more than one adjoining district, it may provide for such a division of the funds, property, and obligations of the lapsed district as it deems most equitable in the circumstances. If no division is provided for by the committee, the general provisions of Article 7 (commencing with Section 35560) of Chapter 3 shall apply to the division of funds, property, and obligations of the lapsed district. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35785. Source version: id_d32c3ee6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. Following the order of the county committee, the county superintendent of schools shall give notice of the board action to the county board of supervisors and to the State Board of Education. (Added by Stats. 1980, Ch. 1192, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35786. Source version: id_fd979092-898d-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. An order of a county committee attaching the territory of a lapsed school district to one or more adjoining school districts shall be effective for all purposes on the July 1 after date of the order. Notwithstanding Section 35534, the effective date of the order is not subject to compliance with Section 54900 of the Government Code. Compliance with Section 54900 of the Government Code is required by December 1 of the year in which the order is made. (Amended by Stats. 2014, Ch. 327, Sec. 8. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 21. LOCAL EDUCATIONAL AGENCIES [35000 - 35787] CHAPTER 4. Reorganization of School Districts [35700 - 35787] ARTICLE 5. Lapsation [35780 - 35787] SECTION 35787. Source version: id_87e589c2-47eb-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=21.&chapter=4.&article=5. Except as otherwise provided in this article, an action to lapse a school district is subject to the provisions of Chapter 3 (commencing with Section 35500), and the county committee may add to its order to lapse a school district, pursuant to Section 35783, appropriate provisions specified in Article 3 (commencing with Section 35730). (Amended by Stats. 2012, Ch. 589, Sec. 3. (AB 2662) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 1. Maintenance of Schools [37060 - 37086] ARTICLE 5. Junior High Schools [37060 - 37086] SECTION 37060. Source version: id_d330d2ce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=1.&article=5. The governing board of a county, a high school district, a union high school district, or a joint union high school district may establish a junior high school or a system of junior high schools. (Repealed and added by Stats. 1987, Ch. 1452, Sec. 227.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 1. Maintenance of Schools [37060 - 37086] ARTICLE 5. Junior High Schools [37060 - 37086] SECTION 37085. Source version: id_d330d2d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=1.&article=5. Any school district within a junior high school or system of junior high schools, maintained by the governing board of a county, union, or joint union high school district, may withdraw from the junior high system when a majority of the qualified voters in the district voting thereat vote in favor of withdrawal. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 1. Maintenance of Schools [37060 - 37086] ARTICLE 5. Junior High Schools [37060 - 37086] SECTION 37085.5. Source version: id_d330d2d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=1.&article=5. If a school district withdraws from a junior high school system pursuant to a vote in favor of withdrawal pursuant to Section 37085, there shall not be an election to reverse that action for at least three complete school years following the date the withdrawal occurs. (Added by Stats. 1984, Ch. 503, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 1. Maintenance of Schools [37060 - 37086] ARTICLE 5. Junior High Schools [37060 - 37086] SECTION 37086. Source version: id_d330d2d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=1.&article=5. Election proceedings may be commenced upon by either of the following means: (a) A petition signed by thirty-five percent (35%) of the registered voters residing in the district shall be presented to the county superintendent of schools of the county in which the district is situated, setting forth briefly the reasons for withdrawal and praying that the question be submitted to the voters of this district. (b) The governing boards of all school districts involved shall agree that an election be held and shall notify the county superintendent of schools of such agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 1. Generally [37200 - 37202] SECTION 37200. Source version: id_d333df1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=1. The school year begins on the first day of July and ends on the last day of June. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 1. Generally [37200 - 37202] SECTION 37201. Source version: id_d333df1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=1. (a) A school month is 20 days or four weeks of five days each, including legal holidays but excluding weekend makeup classes. For the purposes of counting attendance only in providing for a school calendar the winter vacation period, or any portion thereof, may be excluded by the school district in the definition of a school month. (b) The provisions of subdivision (a) of this section are limited to defining a school month for attendance-counting purposes only. (Amended by Stats. 1987, Ch. 1452, Sec. 244.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 1. Generally [37200 - 37202] SECTION 37202. Source version: id_1690fdf9-5da4-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=1. (a) Except if a school has been closed by order of a city or a county board of health, or of the State Board of Health, on account of contagious disease, or if the school has been closed on account of fire, flood, or other public disaster, the governing board of a school district shall maintain all of the elementary day schools established by it for an equal length of time during the school year and all of the day high schools established by it for an equal length of time during the school year. (b) Notwithstanding subdivision (a), a school district that is implementing an early primary program, pursuant to Chapter 8 (commencing with Section 8970) of Part 6, may maintain kindergarten or transitional kindergarten classes for different lengths of time during the schoolday, either at the same or a different schoolsite. (Amended by Stats. 2017, Ch. 15, Sec. 20. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37220. Source version: id_a09ca200-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) Except as otherwise provided, the public schools shall close on the following holidays: (1) January 1. (2) The third Monday in January or the Monday or Friday in the week in which January 15 occurs, known as “Dr. Martin Luther King, Jr. Day.” On the Friday preceding the day on which schools are closed, schools shall include exercises commemorating and directing attention to the history of the civil rights movement in the United States and particularly the role therein of Dr. Martin Luther King, Jr. (3) The Monday or Friday of the week in which February 12 occurs, known as “Lincoln Day.” On the day that school is in session prior to the day on which schools are closed for that purpose, all public schools and educational institutions throughout the state shall hold exercises in memory of Abraham Lincoln. (4) The third Monday in February, known as “Washington Day.” On the Friday preceding, all public schools and educational institutions throughout the state shall hold exercises in memory of George Washington. (5) The last Monday in May, known as “Memorial Day.” (6) July 4. (7) The first Monday in September, known as “Labor Day.” (8) November 11, known as “Veterans Day.” (9) That Thursday in November proclaimed by the President as “Thanksgiving Day.” (10) December 25. (11) All days appointed by the Governor for a public fast, thanksgiving, or holiday, and all special or limited holidays on which the Governor provides that the schools shall close. (12) (A) All days appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday. (B) For purposes of this paragraph, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. (13) Any other day designated as a holiday by the governing board of the school district. (b) When any of the holidays on which the schools would be closed falls on Sunday, the public schools shall close on the Monday following. (c) When any of the holidays on which the schools would be closed falls on Saturday, the public schools shall close on the preceding Friday, and that Friday shall be declared a state holiday. (d) If any holiday on which the public schools are required to close pursuant to subdivision (a) occurs under federal law on a date different from the date specified in subdivision (a), the governing board of any school district may close the public schools of the district on the date recognized by federal law and maintain classes on the date specified in subdivision (a). (e) Except for Veterans Day, as designated in paragraph (8) of subdivision (a), the governing board of a school district, by adoption of a resolution, may revise the date upon which the schools of the district close in observance of any of the holidays identified in subdivision (a). (f) The governing board of a school district may not request a waiver of paragraph (8) of subdivision (a) from the state board. (g) This section does not prohibit a school district from authorizing its facilities or grounds to be used in accordance with Section 38131 on those days on which the public schools are closed. (Amended by Stats. 2022, Ch. 753, Sec. 1. (AB 1655) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37220.5. Source version: id_d33565c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) In addition to the holidays prescribed in Section 37220, public schools may be closed on March 31, known as “Cesar Chavez Day,” or the appropriate Monday or Friday following or preceding that date, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close schools for that purpose. (b) On March 31 or on the day determined by the governing board, public schools and educational institutions throughout the state may include exercises, funded through existing resources, commemorating and directing attention to the history of the farm labor movement in the United States and particularly the role therein of Cesar Chavez. The State Board of Education shall adopt a model curriculum guide to be available for use by public schools for exercises related to Cesar Chavez Day. (Amended by Stats. 2000, Ch. 213, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37220.6. Source version: id_d33565c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) There is hereby created the Cesar Chavez Day of Service and Learning program to promote service to the communities of California in honor of the life and work of Cesar Chavez. The program shall be administered by the Governor’s Office on Service and Volunteerism, in collaboration with the California Conservation Corps. (b) The Governor’s Office on Service and Volunteerism may make grants based on proposals selected through a competitive process from local and state operated Americorps, National Senior Service Corps, Learn and Serve, or Conservation Corps programs that submit proposals to engage pupils through their schools and school districts in community service that qualifies as instructional time on Cesar Chavez Day, pursuant to Section 37220.5, and that honors the life and work of Cesar Chavez. The programs shall be created and organized in consultation with community groups. The Americorps, National Senior Service Corps, Learn and Serve, or Conservation Corps programs may implement or administer the programs in collaboration with community groups and nonprofit organizations. The proposals shall demonstrate all of the following: (1) The ways and extent to which the program will be a collaborative effort between schools and the Americorps, National Senior Service Corps, Learn and Serve, or Conservation Corps program. (2) The ways that the service will be connected to instruction on the life and work of Cesar Chavez provided on Cesar Chavez Day. (3) The way in which the service provided will make a meaningful contribution to the community. (c) Grants made pursuant to subdivision (b) shall be in the amount of one dollar ($1) for each participating pupil, or two hundred fifty dollars ($250) for each school, whichever is greater. The Governor’s Office on Service and Volunteerism may, at its discretion, adjust the grant amount to account for school district size, the size of the project, and the demand on existing funding. Under no circumstances may the amount granted exceed the amount of funding appropriated to carry out this section. (d) In order for the community service performed under this program to be counted as instructional time, the service shall be performed under the supervision of a teacher, as defined in subdivision (a) of Section 46300. (e) The Superintendent of Public Instruction shall develop or revise, as needed, a model curriculum on the life and work of Cesar Chavez and submit the model curriculum to the State Board of Education for adoption pursuant to subdivision (b) of Section 37220.5. Upon adoption, the Superintendent of Public Instruction shall distribute the model curriculum to each school. (f) It is the intent of the Legislature that nothing in this section, or in the act that adds this section, shall be construed to impose a mandate on school districts. (g) For the purposes of this section, “school district” includes school districts, charter schools, and county offices of education. (Amended by Stats. 2002, Ch. 1124, Sec. 4. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37220.7. Source version: id_cc7825e4-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) In addition to the holidays prescribed in Section 37220, public schools may be closed on April 24, known as “Genocide Remembrance Day,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” and the fourth Friday in September, known as “Native American Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close schools for that purpose. (b) On the fourth Friday in September, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, commemorating and directing attention to the many contributions that Native Americans have made to this country. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Native American Day. (c) On April 24, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, remembering and honoring the many contributions that survivors of genocide have made to this country. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Genocide Remembrance Day. (d) On the 15th day of the month of Kartik in the Hindu lunar calendar of each year, or if schools are closed on that date as specified in subdivision (a), on an alternate day determined by the governing board, public schools and educational institutions throughout this state may include exercises, funded through existing resources, acknowledging and celebrating the meaning and importance of Diwali. The State Board of Education may adopt a model curriculum guide to be available for use by public schools for exercises related to Diwali. (Amended by Stats. 2025, Ch. 358, Sec. 3. (AB 268) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37221. Source version: id_d336ec6c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. Unless closed by the governing board pursuant to paragraph (13) of subdivision (a) of Section 37220, the public schools shall remain open on, but shall celebrate with appropriate commemorative exercises, the following holidays: (a) The anniversary of the adoption of the Constitution of the United States, on or near which date schools shall include exercises and instruction in the purpose, meaning, and importance of the Constitution of the United States, including the Bill of Rights. (b) March 7, the anniversary of the birthday of Luther Burbank, known as Conservation, Bird, and Arbor Day on which day schools shall include exercises and instruction on the economic value of birds and trees, and the promotion of a spirit of protection toward them, and as to the economic value of natural resources, and the desirability of their conservation. (c) February 15, the anniversary of the birthday of Susan B. Anthony, known as “Susan B. Anthony Day” on which day schools shall include exercises and instruction on the political and economic status of women in the United States and the contributions of Susan B. Anthony thereto. (d) March 5, the anniversary of the death of Crispus Attucks, the first black American martyr of the Boston Massacre, known as “Black American Day” on which day schools shall include exercises and instruction on the development of black people in the United States. (Repealed and added by Stats. 1987, Ch. 1452, Sec. 250.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222. Source version: id_e8e0ffc1-3180-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) On each day designated and set apart as a day having special significance, all public schools and educational institutions are encouraged to observe that day and to conduct suitable commemorative exercises. (b) It is the intent of the Legislature that the exercises encouraged by subdivision (a) be integrated into the regular school program, and be conducted by the school or institution within the amount of time otherwise budgeted for educational programs. (Amended by Stats. 2011, Ch. 296, Sec. 51. (AB 1023) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.10. Source version: id_2584175e-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) The second Wednesday in May of each year is designated and set apart as the Day of the Teacher, a day having special significance pursuant to Section 37222. (b) On the Day of the Teacher, all public schools and educational institutions are encouraged to conduct exercises commemorating and directing attention to teachers and the teaching profession. (Added by Stats. 2010, Ch. 241, Sec. 3. (AB 1775) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.11. Source version: id_2c1d6454-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) April 21 of each year is designated and set apart as John Muir Day, a day having special significance pursuant to Section 37222. (b) On John Muir Day, all public schools and educational institutions are encouraged to conduct exercises stressing the importance that an ecologically sound natural environment plays in the quality of life for all of us, and emphasizing John Muir’s significant contributions to the fostering of that awareness and the indelible mark he left on the State of California. (Added by Stats. 2010, Ch. 241, Sec. 4. (AB 1775) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.12. Source version: id_3275899a-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) April 6 of each year is designated and set apart as California Poppy Day, a day having special significance pursuant to Section 37222. (b) On California Poppy Day, all public schools and educational institutions are encouraged to conduct exercises honoring the California Poppy, including instruction about native plants, particularly the California Poppy, and the economic and aesthetic value of wildflowers; promoting responsible behavior toward our natural resources and a spirit of protection toward them; and emphasizing the value of natural resources and conservation of natural resources. (Added by Stats. 2010, Ch. 241, Sec. 5. (AB 1775) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.13. Source version: id_374e61e0-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) May 22 of each year is designated and set apart as Harvey Milk Day, a day having special significance pursuant to Section 37222. (b) On Harvey Milk Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Harvey Milk, recognizing his accomplishments, and familiarizing pupils with the contributions he made to this state. (Added by Stats. 2010, Ch. 241, Sec. 6. (AB 1775) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.14. Source version: id_3ba0f326-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) March 30 of each year is designated and set apart as Welcome Home Vietnam Veterans Day, a day having special significance pursuant to Section 37222. (b) On Welcome Home Vietnam Veterans Day, all public schools and educational institutions are encouraged to conduct exercises recognizing the contributions of all those involved in the Vietnam War and remembering the sacrifices they made for their country. (Added by Stats. 2010, Ch. 241, Sec. 7. (AB 1775) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.15. Source version: id_3f175538-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) January 30 of each year is designated and set apart as Fred Korematsu Day of Civil Liberties and the Constitution, a day having special significance pursuant to Section 37222. (b) On Fred Korematsu Day of Civil Liberties and the Constitution, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Fred Korematsu and recognizing the importance of preserving civil liberties, even in times of real or perceived crisis. (Added by Stats. 2010, Ch. 241, Sec. 8. (AB 1775) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.16. Source version: id_4078e10a-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) February 6 of each year is designated and set apart as Ronald Reagan Day, a day having special significance pursuant to Section 37222. (b) On Ronald Reagan Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Ronald Reagan, recognizing his accomplishments, and familiarizing pupils with the contributions he made to this state. (Added by Stats. 2010, Ch. 114, Sec. 8. (SB 944) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.17. Source version: id_41d6ea6c-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) January 23 of each year is designated and set apart as Ed Roberts Day, a day having special significance pursuant to Section 37222. (b) On Ed Roberts Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Ed Roberts, recognizing his accomplishments as well as the accomplishments of other Californians with disabilities, and familiarizing pupils with the contributions that Ed Roberts and other Californians with disabilities have made to this state. (Added by Stats. 2010, Ch. 115, Sec. 8. (SB 1256) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.18. Source version: id_6d3b65f3-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) October 25 of each year is designated and set apart as Larry Itliong Day, a day having special significance pursuant to Section 37222. (b) On Larry Itliong Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Larry Itliong, recognizing his accomplishments, and familiarizing pupils with the contributions he made to this state. (Added by Stats. 2015, Ch. 29, Sec. 2. (AB 7) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.19. Source version: id_1cd763f1-fcb8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) The date corresponding with the second new moon following the winter solstice of each year, or the third new moon following the winter solstice should an intercalary month intervene, is designated and set apart as the Lunar New Year, a day having special significance pursuant to Section 37222. (b) On the Lunar New Year, all public schools and educational institutions are encouraged to conduct exercises recognizing the traditions and cultural significance of the Lunar New Year, the contributions of Asian and Pacific Islander Californians to the state, and any local festivities and celebrations of the occasion. (c) It is the intent of the Legislature that the exercises encouraged in this section be integrated into the regular school program and be conducted by the public school or educational institution within the amount of time otherwise budgeted for educational programs. (Added by Stats. 2018, Ch. 199, Sec. 2. (SB 892) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.20. Source version: id_57579633-fcb8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) April 10 of each year is designated and set apart as Dolores Huerta Day, a day having special significance pursuant to Section 37222. (b) On Dolores Huerta Day, all public schools and educational institutions are encouraged to conduct exercises remembering the life of Dolores Huerta, recognizing her accomplishments, and familiarizing pupils with the contributions she made to this state. (Added by Stats. 2018, Ch. 130, Sec. 2. (AB 2644) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37222.21. Source version: id_345e1d7d-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) September 11 of each year is designated and set apart as September 11th Remembrance Day, a day having special significance pursuant to Section 37222. (b) When September 11th Remembrance Day falls on a schoolday, each public elementary and secondary school is encouraged to observe a moment of silence at an appropriate time while school is in session. (Added by Stats. 2021, Ch. 102, Sec. 1. (SB 254) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 2. School Calendar [37200 - 37223] ARTICLE 3. Saturdays and Holidays [37220 - 37223] SECTION 37223. Source version: id_aaad1454-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=2.&article=3. (a) The governing board of any elementary, high school, or unified school district or any county superintendent of schools may maintain classes on Saturday or Sunday, or both. The classes maintained pursuant to this section may include, but are not necessarily limited to, all of the following: (1) Continuation classes. (2) Special day classes for mentally gifted minors. (3) Makeup classes for absences occurring during the week. (4) The programs of a regional occupational center or regional occupational program. (b) Except as otherwise provided in this code, the attendance of any pupil in a class or program held on a Saturday or Sunday shall not result in the crediting of more than five days of attendance for the pupil per week. (c) Attendance at classes conducted on Saturday or Sunday, or both, shall be at the election of the pupil or, in the case of a minor pupil, the parent or guardian of the pupil. However, the governing board may require truants, as defined by Section 48260, to attend makeup classes conducted on one day of a weekend. (d) Except as otherwise provided in this code, any class that is offered on a Saturday or Sunday shall be one offered during the regular Monday through Friday school week. (e) The voluntary attendance of pupils enrolled in programs for gifted and talented pupils in special educational activities conducted on Saturday or Sunday shall not be included in the computation of the average daily attendance of the school district. (f) Subdivisions (b) and (d) shall not apply to regional occupational centers or programs. (Amended by Stats. 2022, Ch. 301, Sec. 8. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 1. General Provisions [37600- 37600.] SECTION 37600. Source version: id_d33eb4c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=1. It is the intent and purpose of the Legislature in enacting this chapter to authorize public school districts of any type or class to establish, maintain, and operate their educational program under a continuous school program, to be conducted throughout the entire school year. The Legislature is especially concerned and aware of the mounting costs of acquisition and construction of school sites and facilities, and is, therefore, desirous of providing a procedure whereby those fiscal burdens may be reduced by increased utilization of existing plants and facilities. The Legislature is also interested in providing for the replacement of the present system of lengthy summer vacations with shorter periodic vacation periods, which will result in a reduction of the student’s summer vacation “learning loss.” (Added by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37610. Source version: id_d3403b6a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. The governing board of any school district may, after notification to the Superintendent of Public Instruction, establish and operate in one or more of the schools within the district, or in all schools within the district, a continuous school program pursuant to the provisions of this chapter. (Added by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37611. Source version: id_d3403b6c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. Whenever the governing board of any school district, pursuant to Section 37610, determines to operate one or more schools of the district on a continuous school program in such a manner as to require any pupil to enroll in a continuous school program, it shall publish, not later than November 1st of the school year preceding the commencement of such a program, its intention to operate a continuous school program in such a manner as to require any pupil to enroll in a continuous school program in a newspaper of general circulation within the district, or if there is no such newspaper, then in any newspaper of general circulation that is regularly circulated in the district. Publication of notice pursuant to this section shall be once each week for three successive weeks. Three publications in a newspaper regularly published once a week or oftener, with at least five days intervening between the respective publication date not counting such publication dates, are sufficient. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37612. Source version: id_f65dc742-8d07-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. If after notice of intention has been given to establish and operate a continuous school program in a manner so as to require any pupil to enroll in a continuous school program, a petition signed by 25 percent of the registered voters of the district may be presented to the county superintendent of schools requesting that the school district not establish that program. This petition shall be presented no later than December 10th of the year in which the notice is given. The county superintendent of schools shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, order a ballot proposition, as provided by Section 37614, to be placed upon the ballot of the appropriate election as provided in Section 37613. The governing board of the school district may request that an election be called and conducted irrespective of whether or not a petition is presented. (Amended by Stats. 1992, Ch. 970, Sec. 4. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37613. Source version: id_d3403b72-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. An election ordered or requested to be held pursuant to Section 37612 may be consolidated with the next districtwide election held 80 or more days after the order or request for an election is made or the county superintendent of schools may order a special election to be held at least 80 days after the election is ordered or requested. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37614. Source version: id_d3403b74-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. (a) The ballot proposition used in an election called pursuant to Section 37613 shall contain the words “For the continuous school program of the (name of district) District to be operated in such a manner as to require any pupil to enroll in a continuous school program” followed by the words “Yes” and “No” so placed that the voter may clearly indicate his choice. (b) If a majority of those voting for the ballot proposition, as provided by subdivision (a), at the election vote “yes” then the school district shall be permitted to commence the continuous school program so designated on the ballot and to continue operating any such program in the district until all such programs are terminated. (c) If a majority of those voting for the ballot proposition, as provided by subdivision (a), at the election vote “no” then the school district shall not be permitted to commence the continuous school program so designated on the ballot. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37615. Source version: id_d341c216-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. If a continuous school program operated in such a manner as to require any pupil to enroll in the program is terminated by the governing board or prohibited pursuant to subdivision (c) of Section 37614, the governing board shall not determine to operate one or more schools of the district on a continuous school program in such a manner as to require any pupil to enroll in a continuous school program for at least two years following termination or election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37616. Source version: id_d341c218-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. Prior to implementing a continuous school program in any school of the district, the school district governing board shall consult in good faith in an effort to reach agreement with the certificated and classified employees of the school, with the parents of pupils who would be affected by the change, and with the community at large. Such consultation shall include at least one public hearing for which the board has given adequate notice to the employees and to the parents of pupils affected. In school districts where a continuous school program is implemented in fewer than all of the schools maintained by the school district, the governing board of such a school district shall make every reasonable effort to assign certificated employees who prefer the regular school schedule to schools of the same level retaining the regular school schedule. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37617. Source version: id_d341c21a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. The governing board of any school district operating pursuant to the provisions of this chapter shall divide the students of each selected school into as many groups as necessary to adequately accommodate a continuous school program so established and conducted. Students of the same family shall be placed in the same group unless one or more of such students is enrolled in a special education class or unless the parent or guardian of such students requests that the students be placed in different groups. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37618. Source version: id_d341c21c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. The governing board of any school district operating pursuant to the provisions of this chapter shall establish a school calendar whereby the teaching sessions and vacation period during the school year are on a rotating basis. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37619. Source version: id_d341c21e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. Each selected school shall be closed for all students and employees on regular school holidays specified in Article 3 (commencing with Section 37220) of Chapter 2. (Amended by Stats. 2001, Ch. 159, Sec. 65. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 2. Establishment and Maintenance [37610 - 37620] SECTION 37620. Source version: id_d341c220-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=2. The teaching sessions and vacation periods established pursuant to Section 37618 shall be established without reference to the school year as defined in Section 37200. The schools and classes shall be conducted for a total of no fewer than 175 days during the academic year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 3. Elements [37630 - 37632] SECTION 37630. Source version: id_d34348c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=3. The provisions of Article 1 (commencing with Section 48200), Article 3 (commencing with Section 48220) to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27 of Division 4 of this title, and all other laws, relating to compulsory full-time education and the enrollment and attendance of pupils in the kindergarten, elementary, and secondary grades shall be applicable with respect to the regular schooldays prescribed for the entire academic year established for the school at which a program pursuant to this chapter is conducted, and to the attendance area established for such school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 3. Elements [37630 - 37632] SECTION 37631. Source version: id_d34348c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=3. The courses of instruction offered at a school maintained pursuant to this chapter shall meet all applicable requirements of law, including the requirements prescribed by Chapter 2 (commencing with Section 51200) of Part 28 relating to physical education and Chapter 5.6 (commencing with Section 51930) of Part 28. For these purposes the instructional program shall be designed to provide at least the overall equivalent in instruction in each course of study required by law to be provided in kindergarten and grades 1 to 12, inclusive, upon the completion by a pupil of the work prescribed for any particular grade. (Amended by Stats. 2003, Ch. 650, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 3. Elements [37630 - 37632] SECTION 37632. Source version: id_d34348c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=3. The governing board of any school district operating the continuous school program pursuant to this chapter shall prescribe a separate salary schedule for the certificated employees of the district who are employed at any school maintaining the continuous school program pursuant to this chapter, and who, because of such employment, will be engaged in rendering services for the district for a greater number of total days during the academic year than would be the case for a regular academic year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 4. Finances [37640 - 37644] SECTION 37640. Source version: id_d344cf6c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=4. Each school district maintaining a continuous school program in any school within the district pursuant to this chapter shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at such school that it would have received if the school had been operating under the provisions of law relating to the regular school year, including summer school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 4. Finances [37640 - 37644] SECTION 37641. Source version: id_d344cf6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=4. The Superintendent of Public Instruction shall prescribe an appropriate procedure for the computation of allowances, apportionments, and disbursements from the State School Fund which are to be made to any school district maintaining a continuous school program pursuant to this chapter for any one or more of the purposes specified in Sections 41300 and 41301 for the average daily attendance at any school operating such a program. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 4. Finances [37640 - 37644] SECTION 37642. Source version: id_d344cf70-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=4. The allowances, disbursements, and apportionments under this article shall be made with respect to any school district maintaining a continuous school program pursuant to this chapter in accordance with the provisions of law relating to such allowances, disbursements, and apportionments, to the extent possible. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 4. Finances [37640 - 37644] SECTION 37643. Source version: id_d344cf72-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=4. The Superintendent of Public Instruction may provide for the actual disbursement of the apportionments to the school district maintaining the continuous school program pursuant to this chapter at times other than as specified in Article 3 (commencing with Section 41330) of Chapter 3 of Part 24 of this division. In no event, however, shall the school district receive apportionments in a total amount in excess of the amount determined pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5. Continuous School Programs [37600 - 37644] ARTICLE 4. Finances [37640 - 37644] SECTION 37644. Source version: id_d344cf74-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.&article=4. Any school district with an average daily attendance of more than 500 which, prior to July 1, 1979, converts one or more schools to a continuous school program pursuant to this chapter, shall, upon the approval of the Superintendent of Public Instruction, receive from funds appropriated for this purpose, a one-time grant not to exceed twenty-five thousand dollars ($25,000). School districts already operating continuous school programs on effective date of this section shall be eligible for the grant. Any school district with an average daily attendance of 500 or less, which, prior to July 1, 1979, converts one or more schools to a continuous school program pursuant to this chapter, shall, upon the approval of the Superintendent of Public Instruction, receive from funds appropriated for this purpose, a one-time grant not to exceed five thousand dollars ($5,000). (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] SECTION 37670. Source version: id_d346561a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=1. (a) Except as provided in Article 2 (commencing with Section 37680), a school district may operate a program of multitrack year-round scheduling at one or more schools within the district. A program of multitrack year-round scheduling may operate at a schoolsite for as few as 163 days in each fiscal year if the governing board of the school district adopts a resolution at a regularly scheduled board meeting certifying that both of the following criteria are met at the schoolsite: (1) The number of annual instructional minutes is not less than that of schools of the same grade levels utilizing the traditional school calendar. (2) It is not possible for the school to maintain a multitrack schedule containing the same number of instructional days as are provided in schools of the district utilizing the traditional school calendar given the facilities, program, class sizes, and projected number of pupils enrolled at the schoolsite. (b) A certificated employee working under a program described in this section, except one serving under an administrative or supervisorial credential who is assigned full time to a school in a position requiring qualifications for certification, shall work the same number of days and shall increase the number of minutes worked daily on a uniform basis. (c) A program conducted pursuant to this section is eligible for apportionment from the State School Fund. (Amended by Stats. 2004, Ch. 901, Sec. 2. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] SECTION 37671. Source version: id_d346561c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=1. Schools in programs conducted pursuant to Section 37670 shall be exempted from the requirements of Section 37202. (Amended by Stats. 1991, Ch. 756, Sec. 6. Effective October 9, 1991.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 1. Multitrack Year-Round Scheduling [37670 - 37672] SECTION 37672. Source version: id_d346561e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=1. (a) No pupil participating in programs as described in Section 37670 shall be credited with more than one day of attendance in any calendar day, except as permitted in Section 46140. Average daily attendance generated in the regular elementary, junior high, and high schools operated under Section 37670 shall be calculated as prescribed in subdivision (a) of Section 41601. (b) Notwithstanding Section 37640, subdivision (a) of Section 41601, and any other provision of law, the number of days taught in one or more late entry makeup classes in which a pupil in a program of year-round scheduling is enrolled shall be disregarded, at the option of a school district, in calculating the number of days taught in the calculation of average daily attendance of that district for any school year, if the pupil entered the program of year-round scheduling after September 1 of that school year and the track in which the pupil is enrolled began instruction in July or August of that school year. For purposes of this subdivision, “late entry makeup class” is a class in which a pupil in a program of year-round scheduling is enrolled in order to compensate for the pupil’s late enrollment in that program. The number of days taught that are disregarded under this subdivision shall not exceed the number of schooldays occurring in the school year prior to September 1 in the track in which the pupil is enrolled, reduced by the number of schooldays, if any, occurring in a program operating under the traditional school calendar in which the pupil was enrolled in that school district in the same school year prior to the date upon which the pupil is first enrolled in the program of year-round scheduling. (c) This subdivision shall only apply to school districts with an average daily attendance of 100,001 or more pupils that have installed an individual pupil tracking system and maintain schools on both the traditional calendar and on year-round calendars. For the 1993–94 and 1994–95 fiscal years, if a pupil transfers to another school within the district, other than a transfer initiated by the district, the pupil’s average daily attendance shall be calculated independently for each school in which the pupil was enrolled. For the 1993–94 fiscal year as recertified at the time of the first principal apportionment in February of 1995 and for the 1994–95 fiscal year, in no event may any transferring pupil generate more than 0.98 unit of average daily attendance for the district in any one school year under this subdivision. In no event shall this subdivision be construed to authorize any nontransferring pupil to generate more than one unit of average daily attendance for any school year. (Amended by Stats. 1995, Ch. 519, Sec. 1. Effective October 4, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37680. Source version: id_d3465622-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. For purposes of this article, the following terms have the following meanings: (a) “Capacity-related busing” means transporting a pupil to a school other than the school of residence in order to reduce the number of pupils attending the school of residence. (b) “Circumstances beyond the control of the district” means any of the following: (1) An increase in pupil population beyond the demographic projections set forth in the district’s comprehensive action plan, or an amendment thereto, if the increase was not reasonably foreseeable through the use of annual, informed reestimates of demographic projections. (2) A cost escalation, shortage in construction material or capacity, delay in completion of an environmental review, or natural or human-made disaster materially affecting the district’s facilities program, if the circumstance was not reasonably foreseeable and the district exercised due diligence in planning for that circumstance. (3) A lack of sufficient state or local funds to complete necessary school construction. “Lack of sufficient state or local funds” may not be substantiated if a district expends state or local funds designated for new construction for any purpose other than the construction of additional school facilities to reduce reliance on the Concept 6 program, except for funds for projects eligible to receive facility hardship funds pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10. (c) “Comprehensive action plan” means the plan developed pursuant to Section 37682. (d) “Concept 6” means a program whereby a school operates on a three-track year-round calendar in which each track provides fewer than 180 days, but no fewer than 163 days, of instruction per school year. (e) “Specific school building plan” means both of the following: (1) The district has identified preferred sites and has approved projects, as required under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), needed to satisfy the pupil capacity projected in the district’s comprehensive action plan. (2) The district has identified and obtained the funding necessary to complete the particular projects identified. If state funding is part of the funding identified, a district is deemed to have obtained state funding if it has received either of the following: (A) An apportionment from the state for the project. (B) A preliminary apportionment for the project under the Critically Overcrowded School Facilities Program, as set forth in Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part 10. (f) “State board” means the State Board of Education. (g) “Substantial progress” means achieving a total enrollment on Concept 6 calendars of no more than 110 percent of the annual numerical goals set forth in the district’s comprehensive action plan. (h) “Technical assistance” includes, but is not limited to, assistance in identifying and acquiring a schoolsite, guidance in maximizing access to funding, and facilitating the process of obtaining state approval for new construction projects. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37681. Source version: id_d347dcc4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) Commencing with the 2004–05 school year, a school district may not operate a Concept 6 program, unless the school district operated a Concept 6 program continuously since the 2003–04 school year. (b) A school initially operating on or after July 1, 2004, may not operate a Concept 6 program if operation of the program would increase the number of schools in the district operating a Concept 6 program above the number in operation in the district, on average, over the preceding two school years. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37682. Source version: id_d347dcc6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) As a condition of operating a Concept 6 program at a school in the 2004–05 school year or thereafter, a district shall, by January 1, 2005, present to the department a comprehensive action plan detailing the strategy and steps to be taken annually to eliminate the use of the Concept 6 program as soon as practicable, and no later than July 1, 2012. Except as provided in subdivision (b), the action plan shall include all of the following: (1) An analysis of the factors relating to the district’s current and projected operation of the Concept 6 program including, but not limited to, demographic forecasts, space use and needs, class sizes, programmatic constraints, facility construction status, the amount of funding needed to create additional classroom space, and the proposed sources of that funding. (2) A detailed description of the multiple phases of planning and construction, including site identification, site acquisition, construction commencement and completion date, and occupancy dates of projects designed to eliminate use of the Concept 6 program, including a reasonable projection of the number of additional pupil seats to be provided through each of the multiple phases of planning and construction. (3) Reasonable, districtwide numerical goals against which annual progress toward eliminating the use of the Concept 6 program can be measured, including a projection of the number of pupils, if any, the district estimates will remain on a Concept 6 program on July 1 of each year through 2012. (b) If a district projects that it will eliminate the Concept 6 program on or before July 1, 2008, the district shall not be required to include in its comprehensive action plan the information contained in paragraphs (2) and (3) of subdivision (a) but, instead, shall include a narrative explanation of the manner in which it will accomplish its goal to eliminate the Concept 6 program and shall project the date that each school in the district will eliminate the program. (c) A district may not transport pupils to another school more than 40 minutes away from the school of residence, other than as required pursuant to a desegregation plan, as a means to eliminate the Concept 6 program. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37683. Source version: id_d3496368-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) The Superintendent of Public Instruction shall evaluate a comprehensive action plan submitted by a district and shall make recommendations to the state board for approval or disapproval of the plan. The evaluation shall be based on the reasonableness and practicability of the district in eliminating the Concept 6 program by the earliest practicable date and no later than July 1, 2012. The evaluation shall include an analysis of whether adequate sources of funding have been identified for the projects necessary to eliminate the program. In considering whether a district has identified adequate sources of funding, the superintendent shall consult with the Office of Public School Construction. (b) If the state board disapproves a comprehensive action plan, it shall specify the reasons for the disapproval and require the district to submit a revised plan, within a time specified by the state board, to address the state board’s concerns. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37684. Source version: id_d349636a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) A district operating a Concept 6 program shall report each January to the Superintendent of Public Instruction, who shall report to the state board, on progress made in reaching the annual numerical goals established in its comprehensive action plan. If a district fails to meet an annual numerical goal, the district shall identify the specific cause of the failure and amend its comprehensive action plan to indicate the specific steps that it will take to remedy that failure so that it will meet its deadline to eliminate the Concept 6 program as stated in its comprehensive action plan. (b) If the district’s progress toward meeting its numerical goals has or is projected to change materially, the district shall file a supplemental, mid-year report with the Superintendent of Public Instruction. The report shall describe the nature and cause of the material change and indicate the specific steps that the district will take, and the state technical assistance needed, if any, to address the change. The superintendent shall evaluate the supplemental, mid-year report and make recommendations to the state board for approval or disapproval. The evaluation shall be based on the reasonableness and practicability of the district to reach its annual goals and eliminate the Concept 6 program by the earliest practicable date, and no later than July 1, 2012. If the state board disapproves a report, it shall specify the reasons for disapproval and require the district to submit a revised report, within a timeframe specified by the state board, to address the concerns raised by the state board. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37685. Source version: id_d349636c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) A district that plans to operate a Concept 6 program after June 30, 2006, shall, by July 1, 2006, and by July 1 of any succeeding year in which it plans to operate a Concept 6 program, as a condition of operating that program, submit evidence in writing to establish to the satisfaction of the Superintendent of Public Instruction that substantial progress has been made toward meeting its annual numerical goals as stated in its comprehensive action plan. (b) The superintendent shall evaluate the written submission to determine whether the district has made substantial progress toward meeting its goals and shall submit a report to the state board. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37686. Source version: id_d349636e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) If a district fails to meet its annual numerical goals for any two consecutive years between 2005 and 2012, the district shall be prohibited from all the following until the district achieves substantial progress toward meeting its annual numerical goals: (1) Approving any new construction or new portable classroom other than a project directly designed to eliminate the use of the Concept 6 program or to reduce reliance on capacity-related busing that transports pupils more than 40 minutes to or from school. (2) To the extent permitted by law, designating revenues from developer fees for any purpose not directly related to eliminating the Concept 6 program or reducing reliance on capacity-related busing. (3) Approving the issuance of a Certificate of Participation for any school facilities-related purpose not directly related to the elimination of the Concept 6 program or reducing reliance on capacity-related busing. (b) Subdivision (a) does not preclude a district from using funding from any source for a project that is eligible for hardship funding approved by the State Allocation Board pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37687. Source version: id_d3496370-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) A district that plans to operate a Concept 6 program after June 30, 2009, shall by July 1 of 2009, and by July 1 of any succeeding year in which it plans to operate a Concept 6 program, submit evidence in writing to establish to the satisfaction of the Superintendent of Public Instruction that it has developed a specific school building plan to provide adequate pupil capacity to eliminate the Concept 6 program by the earliest practicable date and no later than July 1, 2012. (b) The superintendent shall evaluate the written submission to determine whether the district has developed a specific school building plan and shall submit a report to the state board. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37688. Source version: id_d3496372-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) If on or after July 31, 2008, and any succeeding year in which a district operates a Concept 6 program, the state board finds that a district has failed to make substantial progress in eliminating the Concept 6 program, or if on or after July 31, 2009, and any succeeding year in which a district operates a Concept 6 program, the state board finds that a district has failed to develop a specific school building plan, the state board shall hold a public hearing to determine the cause of the failure and the remedies to be undertaken by the state board to ensure elimination of the Concept 6 program by the earliest practicable date and no later than July 1, 2012. (b) Prior to the public hearing, the Superintendent of Public Instruction and the State Allocation Board shall each provide a written analysis and opinion to the state board as to the cause of the failure and the remedies proposed to be undertaken. The State Allocation Board shall render its opinion based upon a written analysis prepared by the Office of Public School Construction. The district may submit its own analysis as to the cause of the failure and remedies it proposes to be undertaken. (c) After the public hearing, the state board shall adopt a remedial plan that the district shall follow to ensure elimination of the Concept 6 program by the earliest practicable date and no later than July 1, 2012. (d) (1) If the state board determines that the failure of a district to achieve substantial progress or develop a specific school building plan is due to circumstances beyond the control of the district, the remedial plan adopted by the state board may provide for technical assistance to the district from the department, the Office of Public School Construction, or the Division of the State Architect. The remedial plan may also recommend action for state financial assistance necessary to enable the district to eliminate the Concept 6 program by the earliest date practicable and no later than July 1, 2012. (2) If the state board determines that the failure of the district to achieve substantial progress or develop a specific school building plan is not due to circumstances beyond the control of the district, but due to its failure to act diligently to plan for the elimination of the Concept 6 program or to execute its comprehensive action plan, the remedial plan shall mandate at least quarterly review and oversight of the district by the department. The remedial plan may also include any of the measures described in paragraph (1) or other measures as the state board deems necessary to enable the district to eliminate the Concept 6 program by the earliest date practicable and no later than July 1, 2012. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37689. Source version: id_d34aea14-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) In addition to Section 37688, on or after July 31, 2009, if the state board determines that the failure of a district to achieve substantial progress or develop a specific school building plan is not due to circumstances beyond the control of the district, but due to its failure to act diligently to plan for the elimination of the Concept 6 program or to execute its comprehensive action plan, the board shall hold a public hearing to determine whether the state board should implement direct oversight of the district’s facilities construction program. (b) If the state board determines that direct oversight is necessary, the state board shall implement the oversight within 90 days of that determination. (1) Direct oversight by the state board shall consist of assigning a monitor to the district who shall report to the state board at each of its regularly scheduled meetings on progress made by the district in working toward the elimination of the Concept 6 program. The monitor shall have relevant experience in engineering, construction, or management of major public works projects and shall have the resources and authority to contract with appropriate professionals in the fields of program management, project management, and finance. In selecting a monitor, the state board shall receive nominees from, and consult with, the superintendent of the district, the Office of Public School Construction, and the citizens’ oversight committee of the district, established under Section 15278. (2) The monitor shall make recommendations to the district with respect to the planning and implementation of its school construction program. The district shall follow the recommendations of the monitor unless the district shows, to the satisfaction of the state board, good cause for not doing so. The district shall notify the state board if it disputes a recommendation and the state board shall hold a public hearing to hear and decide the dispute within 30 days of receiving the notice. (3) The district and the citizens’ oversight committee shall have an opportunity to appear at the public hearing and provide written or oral testimony to support their positions. (4) A recommendation of the monitor that is mandatory, as opposed to prohibitory, shall be stayed during the time the dispute is before the state board. (5) Upon the conclusion of the public hearing, the state board shall direct the district to implement the recommendations of the monitor if it finds, in consultation with the Office of Public School Construction, that the district lacks good cause for failing to implement the recommendations. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37690. Source version: id_d34aea16-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. All reports required by a district to be submitted to a state agency pursuant to this article shall be made available to the public. An interested party shall be permitted to submit comments regarding a report to the appropriate state agency within a reasonable time following the submission of the report to that state agency. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37691. Source version: id_d34aea18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. A Concept 6 program conducted pursuant to this article is eligible for apportionment from the State School Fund. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37692. Source version: id_d34aea1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. On or before July 1, 2008, the department, in consultation with the Office of Public School Construction, shall conduct a survey to determine whether the school districts operating Concept 6 programs will phase out the program by the 2009–10 fiscal year and shall submit a copy of the results of the survey to the Assembly Committee on Education, the Senate Committee on Education, and the Department of Finance. Based on the survey, the Legislature shall determine whether to repeal the authority to operate a Concept 6 program prior to July 1, 2012. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37693. Source version: id_d34aea1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) A Concept 6 program may not be operated after July 1, 2012, or such earlier date as may be prescribed by the Legislature pursuant to Section 37692. (b) Although the Concept 6 program is authorized until July 1, 2012, it is the intent of the Legislature that all school districts eliminate the Concept 6 program as soon as practicable. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37694. Source version: id_d34aea1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. A school district operating a Concept 6 program is exempt from the requirements of Section 37202. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 5.5. Year-Round Scheduling [37670 - 37695] ARTICLE 2. Concept 6 Class Scheduling [37680 - 37695] SECTION 37695. Source version: id_d34aea20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=5.5.&article=2. (a) A pupil participating in a Concept 6 program shall not be credited with more than one day of attendance in any calendar day, except as permitted in Section 46140. (b) Average daily attendance generated at a regular elementary, junior high, or high school operated pursuant to this article shall be calculated as prescribed in subdivision (a) of Section 41601. (c) Notwithstanding Section 37640, subdivision (a) of Section 41601, and any other law, the number of days taught in one or more late entry makeup classes in which a pupil in a Concept 6 program is enrolled shall be disregarded, at the option of a school district, in calculating the number of days taught in the calculation of average daily attendance of that district for any school year, if the pupil entered the Concept 6 program after September 1 of that school year and the track in which the pupil is enrolled began instruction in July or August of that school year. For purposes of this subdivision, “late entry makeup class” is a class in which a pupil in a Concept 6 program is enrolled in order to compensate for the pupil’s late enrollment in that program. The number of days taught that are disregarded under this subdivision shall not exceed the number of schooldays occurring in the school year prior to September 1 in the track in which the pupil is enrolled, reduced by the number of schooldays, if any, occurring in a program operating under the traditional school calendar in which the pupil was enrolled in that school district in the same school year prior to the date upon which the pupil is first enrolled in the Concept 6 program. (Added by Stats. 2004, Ch. 901, Sec. 3. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37700. Source version: id_c1dfc806-fda9-11ea-9430-f75d521b10d0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= (a) Notwithstanding any other law, the Big Sur Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District may operate one or more schools in their respective school districts on a four-day school week, if the school district complies with the instructional time requirements specified in Section 37701 and the other requirements of this chapter. (b) (1) A school district operating one or more schools on a four-day school week pursuant to this section shall annually, not later than June 1, submit to the department for review and approval a plan for how the school district will ensure that the minimum instructional minutes required under Section 46207 will be met in the following school year. (2) If the school district offered less than the minimum instructional minutes required under Section 46207, the school district shall be subject to the penalties described in subdivision (b) of Section 46207 and subdivision (c) of Section 46208. Nothing in this section shall be construed to subject a school district that has met the minimum instructional minutes required under Section 46207 to those penalties. (c) A school district with an exclusive bargaining representative may operate a school on a four-day school week pursuant to this section only if the school district and the representative of each bargaining unit of school district employees mutually agree to that operation in a memorandum of understanding. (d) Instructional time penalties shall not be imposed pursuant to this section, as this section read on June 1, 2019, for the 2016–17 fiscal year to the 2018–19 fiscal year, inclusive, on a school district operating one or more schools on a four-day school week. (e) Notwithstanding subdivisions (a) and (b) of this section and Section 37701, for the 2020–21 fiscal year only, the Big Sur Unified School District, the Leggett Valley Unified School District, and the Reeds Creek Elementary School District may operate one or more schools in their respective school districts on a four-day school week, if the school district complies with the following requirements and the other requirements of this chapter: (1) Each day, pupils shall be scheduled for at least the minimum day for their grade level, as provided in Section 43501. (2) The school district shall offer a minimum of 144 days of instruction for the 2020–21 school year. (3) Instructional minutes shall be determined as follows: (A) For in-person instruction, instructional minutes shall be based on time scheduled under the immediate physical supervision and control of an employee of the local educational agency who possesses a valid certification document, registered as required by law. (B) For distance learning, instructional time shall be based on the time value of assignments as determined, and certified to, by an employee of the local educational agency who possesses a valid certification document, registered as required by law. (C) For a combined day of instruction delivered through both in-person instruction and distance learning, time scheduled under the immediate supervision of an employee of the local educational agency who possesses a valid certification document can be combined with assignments made under the general supervision of an employee of the local educational agency who possesses a valid certification document as registered by law to meet the equivalent of a minimum day of instruction. (4) If the school district offers instruction through distance learning, the requirements of distance learning in Part 24.5 (commencing with Section 43500). (5) If the school district does not meet the minimum instructional day requirements in Section 43501, the school district shall be subject to the penalties described in paragraph (1) of subdivision (i) of Section 43504. (Amended by Stats. 2020, Ch. 110, Sec. 9. (SB 820) Effective September 18, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37701. Source version: id_012100a8-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= The school district shall provide on an annual basis, while operating a school on a four-day school week, not less than 560 hours of instructional time for kindergarten, not less than 700 hours of instructional time for grades 1, 2, and 3, and not less than 845 hours of instructional time for grades 4 to 12, inclusive. The school district may exceed these minimum instructional times except that no pupil in a kindergarten shall be kept in school more than four hours in any day, exclusive of recesses. The school day may not exceed eight hours, nor may the school week be less than four days. (Amended by Stats. 2004, Ch. 465, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37702. Source version: id_01b1cefa-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= Prior to operating a school on a four-day school week, the school district shall secure the approval of the governing board of the district and of any collective bargaining agents representing employees of the school district. (Amended by Stats. 2004, Ch. 465, Sec. 2. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37703. Source version: id_0276ccac-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= A school site council in the school district shall be involved in the planning and evaluation of a four-day school week. (Amended by Stats. 2004, Ch. 465, Sec. 3. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37704. Source version: id_0307e91e-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= The school district shall consider the impact of the longer schoolday on primary grade pupils, and the impact of the four-day school week on working parents who may be required to find child care services for their schoolage children due to the shortened school week. (Amended by Stats. 2004, Ch. 465, Sec. 4. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37706. Source version: id_03989060-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= If a school district elects to operate a school on a four-day school week as authorized by this chapter, the school district shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at the schools within the school district that it would have received if the school district had been operating under the provisions of law relating to the 175-day school year. (Amended by Stats. 2004, Ch. 465, Sec. 5. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37707. Source version: id_0422a7f2-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= If the school district elects to operate a school on a four-day school week pursuant to this chapter, the reduced number of schooldays in the school district shall not affect the rights of certificated or classified employees of the school district with regard to classification, tenure, or notice, and shall not otherwise affect the contract rights of the employees. (Amended by Stats. 2004, Ch. 465, Sec. 6. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37710. Source version: id_551a3e37-3a98-11e3-9a5b-fec3113bd267 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= If a school operating on a four-day school week pursuant to Section 37710.3, 37710.5, 37711, or 37712 fails to achieve its Academic Performance Index growth target pursuant to Section 52052, the authority of that school to operate on a four-day school week shall be permanently revoked commencing with the beginning of the following school year. (Amended by Stats. 2013, Ch. 716, Sec. 1. (SB 236) Effective October 10, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37711. Source version: id_6c9fdc66-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= Beginning in the 2004–05 fiscal year, the following school districts in San Diego County may operate one or more schools in their respective districts on a four-day school week if the districts comply with the instructional time requirements specified in Section 46207 and the other requirements of this chapter: (a) Borrego Springs Unified School District. (b) Julian Union Elementary School District. (c) Julian Union High School District. (d) Warner Unified School District. (Amended by Stats. 2024, Ch. 478, Sec. 1. (SB 1440) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 22. SCHOOL OPERATIONS [37060 - 37712] CHAPTER 6. Four-Day School Week [37700 - 37712] SECTION 37712. Source version: id_b672f806-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=22.&chapter=6.&article= (a) Notwithstanding any other law, commencing with the 2025–26 school year, the Stony Creek Joint Unified School District may operate one or more schools on a four-day school week if it complies with the instructional time requirements specified in Section 46207, the other requirements of this chapter, and all of the following requirements: (1) (A) The school district shall annually, by no later than June 1, submit to the department for review and approval, a plan for how the school district will ensure that the minimum instructional minutes required pursuant to Section 46207 will be met in the following school year. The plan shall include, but not be limited to, an annual school calendar with at least five additional days of instruction than is otherwise needed to meet the minimum instructional minute requirements pursuant to Section 46207 in the event that one or more of the schools in the school district is prevented from operating for any of the reasons described in Section 41422 or 46392. If the school district does not need some or all of the five additional days of instruction in order to meet the minimum instructional minute requirements in that school year, the school district shall only offer the extra instructional days to pupils as necessary to meet those requirements. (B) If the school district offered less than the minimum instructional minutes required pursuant to Section 46207, the school district shall be subject to the penalties described in subdivision (b) of Section 46207 and subdivision (c) of Section 46208. Nothing in this section shall be construed to subject the school district, if it has met the minimum instructional minutes required pursuant to Section 46207, to those penalties. (2) (A) The school district makes a nutritionally adequate breakfast, and a nutritionally adequate lunch, available five days per week to any pupil who requests a meal, free of charge, and without consideration of the pupil’s eligibility for federally funded free or reduced-price meals. (B) For purposes of subparagraph (A), the following definitions apply: (i) “Nutritionally adequate breakfast” is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations. (ii) “Nutritionally adequate lunch” is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations. (b) If the Stony Creek Joint Unified School District has an exclusive bargaining representative, it may operate a school on a four-day school week pursuant to this section only if the school district and the representative of each bargaining unit of school district employees mutually agree to that operation in a memorandum of understanding. (c) Notwithstanding subdivision (a), if the Stony Creek Joint Unified School District operates a four-day school week pursuant to this section but subsequently experiences, in a single year, a decline in status in 50 percent or more of the state indicators used to measure performance that are included in the evaluation rubrics adopted pursuant to Section 52064.5, the school district, commencing with the following school year, shall not operate a four-day school week. (d) This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed. (Added by Stats. 2024, Ch. 478, Sec. 2. (SB 1440) Effective January 1, 2025. Inoperative July 1, 2029. Repealed as of January 1, 2030, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38000. Source version: id_0a3a1171-c130-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= (a) The governing board of a school district may establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district. In accordance with Chapter 5 (commencing with Section 45100) of Part 25, the governing board of a school district may employ personnel to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district. It is the intent of the Legislature in enacting this section that a school district security department is supplementary to city and county law enforcement agencies and is not vested with general police powers. (b) The governing board of a school district may establish a school police department under the supervision of a school chief of police and, in accordance with Chapter 5 (commencing with Section 45100) of Part 25, may employ peace officers, as defined in subdivision (b) of Section 830.32 of the Penal Code, to ensure the safety of school district personnel and pupils, and the security of the real and personal property of the school district. (c) The governing board of a school district that establishes a security department or a police department shall set minimum qualifications of employment for the chief of security or school chief of police, respectively, including, but not limited to, prior employment as a peace officer or completion of a peace officer training course approved by the Commission on Peace Officer Standards and Training. A chief of security or school chief of police shall comply with the prior employment or training requirement set forth in this subdivision as of January 1, 1993, or a date one year subsequent to the initial employment of the chief of security or school chief of police by the school district, whichever occurs later. This subdivision shall not be construed to require the employment by a school district of additional personnel. (d) A school district may assign a school police reserve officer who is deputized pursuant to Section 35021.5 to a schoolsite to supplement the duties of school police officers pursuant to this section. (e) It is the intent of the Legislature to evaluate the presence of peace officers and other law enforcement on school campuses and to identity and consider alternative options to ensure pupil safety based on the needs of the local school communities. It is the intent of the Legislature to consider encouraging local educational agencies to use school resources currently allocated to such personnel, including school police departments and contracts with local police or sheriff departments, for pupil support services, such as mental health services and professional development for school employees on cultural competency and restorative justice, as needed, if found to be a more appropriate use of resources based upon the needs of the pupils and campuses that serve them. (Amended by Stats. 2020, Ch. 24, Sec. 17. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38001. Source version: id_d34f7e18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= Persons employed and compensated as members of a police department of a school district, when appointed and duly sworn, are peace officers, for the purposes of carrying out their duties of employment pursuant to Section 830.32 of the Penal Code. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38001.5. Source version: id_821a2a9d-0c93-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= (a) It is the intent of the Legislature to ensure the safety of pupils, staff, and the public on or near California’s public schools, by providing school security officers with training that will enable them to deal with the increasingly diverse and dangerous situations they encounter. (b) (1) Every school security officer employed by a school district shall complete the latest course of training developed by the Bureau of Security and Investigative Services of the Department of Consumer Affairs in consultation with the Commission on Peace Officer Standards and Training pursuant to Section 7583.45 of the Business and Professions Code. If a school security officer subject to the requirements of this subdivision is required to carry a firearm while performing their duties, that school security officer shall additionally satisfy the training requirements of Section 832 of the Penal Code. (2) A school district shall provide the training required pursuant to this subdivision to all school security officers who are employees of the school district. A school district shall provide the training during the employee’s regular work hours, unless otherwise negotiated and mutually agreed upon with the employee’s exclusive representative. (3) This subdivision does not require a school district to provide training to security guards who are not employees of the school district, including security guards who work on the property of the school district pursuant to a contract with a private licensed security agency. A school district that contracts for security services shall comply with the requirements of Section 45103.1. (4) This subdivision shall not apply to a school security officer employed by a school district who works 20 or fewer hours per week as a school security officer until July 1, 2021. (5) For purposes of this subdivision, “school district” includes a school district, county office of education, and charter school. (c) For purposes of this chapter, “school security officer” means any person primarily employed or assigned pursuant to subdivision (b) to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by a school district to protect persons or property or to prevent the theft or unlawful taking of school district property of any kind or to report any unlawful activity to the school district and local law enforcement agencies. (d) (1) A school security officer shall not be employed and shall not continue to be employed by a school district until both of the following conditions have been met: (A) (i) The applicant or employee has submitted to the school district two copies of their fingerprints on forms or electronically, as prescribed by the Department of Justice. The school district shall submit the fingerprints to the Department of Justice, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation. (ii) An applicant or contracted employee who holds a permanent registration with the Bureau of Security and Investigative Services of the Department of Consumer Affairs as a security guard need only submit one copy of their fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation. (iii) An applicant or contracted employee who is registered by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, and who holds a firearms qualification card as specified in Section 7583.22 of the Business and Professions Code, is exempt from the requirements of this subdivision. (B) The applicant or employee has been determined not to be a person prohibited from employment by a school district pursuant to Sections 44237 and 45122.1, or by the Department of Justice from possessing a firearm if the applicant is required to carry a firearm. (2) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this subdivision relating to firearms. (Amended by Stats. 2019, Ch. 475, Sec. 2. (SB 390) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38001.6. Source version: id_35ca2b31-a432-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= (a) Every school peace officer first employed by a K–12 public school district before July 1, 1999, shall, in order to retain his or her employment, fulfill both of the following conditions: (1) The employee shall submit to the school district one copy of his or her fingerprints on forms prescribed by the Department of Justice. The Department of Justice shall forward this copy to the United States Federal Bureau of Investigation. (2) The employee shall be determined to be a person who is not prohibited from employment by a school district pursuant to Sections 44237 and 45122.1, and, if the employee is required to carry a firearm, shall be determined by the Department of Justice to be a person who is not prohibited from possessing a firearm. (b) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this section relating to firearms. (Added by renumbering Section 39672 by Stats. 2015, Ch. 303, Sec. 77. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38002. Source version: id_d35104bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= Moneys transferred into the general fund of any school district pursuant to Section 1463.12 of the Penal Code may be made available for the following purposes: (a) The training of persons employed and compensated as members of a police department of a school district, pursuant to the requirements or approval of the Commission on Peace Officer Standards and Training. (b) The training of persons employed and compensated as members of a police department of a school district in other public safety skills, including, but not limited to, all of the following: (1) First aid. (2) Rescue. (3) Cardiopulmonary resuscitation. (4) Emergency medical technician training. (5) Juvenile procedures. (6) Specialized safety equipment. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38003. Source version: id_d35104be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= Persons employed and compensated as members of a security or police department of a school district shall be supplied with and authorized to wear a badge bearing the name of the school district. The employee shall carry a suitable identification card bearing his or her photograph and signature and the signature of the superintendent of the school district. The employee shall also carry such other identification data as may be required by local law enforcement agencies. The governing board may direct the wearing of a distinctive uniform and shall prescribe same. The costs of required uniforms, equipment, identification badges, and cards shall be borne by the district. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38004. Source version: id_d35104c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= The governing board of a school district which establishes a security or police department may provide and maintain motor vehicles for the use of the department. Any vehicle, when operated in the performance of his or her duties by any member of the police department, is an authorized emergency vehicle and may be equipped and operated as such as provided by the Vehicle Code. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38004.5. Source version: id_7325ae35-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= The governing board of a school district that establishes a school police department shall not permit the school police department to receive surplus military equipment pursuant to Section 2576a of Title 10 of the United States Code, unless the governing board of the school district does all of the following: (a) Votes to approve the acquisition of surplus military equipment at a regularly scheduled public board meeting. (b) Provides parents or guardians of pupils, and other members of the public, a chance to comment at a regularly scheduled public board meeting on the proposed acquisition of surplus military equipment, and, clearly and in a manner recognizable to the general public, identify in the agenda the topic to be discussed at the meeting. (c) Provides a detailed description of the function and purpose of the surplus military equipment to be received. (d) Identifies safe and secure storage for surplus military equipment to be received by a school police department. (e) Ensures that peace officers employed by a school police department possess adequate training in the safe use and handling of the surplus military equipment to be received. (Added by Stats. 2015, Ch. 79, Sec. 1. (SB 242) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 1. Security Departments [38000 - 38005] SECTION 38005. Source version: id_d35104c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=1.&article= The governing board of any school district may contract with a private licensed security agency to insure the safety of school district personnel and pupils and the security of the real and personal property of the school district when the personnel normally required to provide such service fail to do so because of an emergency including, but not limited to, war, epidemic, fire, flood, or work stoppage; or when such an emergency necessitates additional security services. This section shall apply only if the governing board by a majority vote makes a specific finding that an emergency exists, and that this finding is included in the board minutes. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 2. Drinking Water [38040 - 38043] SECTION 38040. Source version: id_3efedaf8-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=2.&article= For purposes of this chapter, “water bottle filling station” means a water dispenser accessible to all people in compliance with the federal Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.) that dispenses clean drinking water directly into a water bottle or other drinking container. (Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 2. Drinking Water [38040 - 38043] SECTION 38041. Source version: id_3efedafa-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=2.&article= (a) (1) A new construction or modernization project submitted to the Division of the State Architect pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 by a school district or the governing body of a charter school shall include water bottle filling stations, consistent with the requirements of this section. (2) The requirements of this section only apply to those projects described in paragraph (1) that are submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring on or after November 1, 2022. (b) (1) For modernization projects, there shall be a minimum of one water bottle filling station at each school undergoing modernization. (2) For new construction projects, there shall be a minimum of one water bottle filling station per 350 people at each school being constructed. (c) Water bottle filling stations shall be placed in or near high traffic and common areas, such as all of the following: (1) Hallways. (2) Gymnasiums. (3) School food service areas. (4) Outdoor recreation areas. (5) Faculty lounges. (d) Water bottle filling stations shall meet all of the following requirements: (1) Dispense drinking water that meets primary drinking water standards and secondary drinking water standards, as defined in Section 116275 of the Health and Safety Code. The water bottle filling station shall dispense filtered water if necessary to meet those standards. (2) Be regularly cleaned to maintain sanitary conditions. (3) Be maintained on a regular basis to ensure they function properly. (e) Water bottle filling stations may be combined with drinking fountains. (f) School districts and governing bodies of charter schools are encouraged to install touchless bottle filling stations for sanitary reasons. (g) School districts and governing bodies of charter schools are encouraged to install water bottle filling stations that dispense cooled water if the water bottle filling stations are located near an electrical source. (h) (1) An existing water bottle filling station that was installed at a school before the enactment of this chapter shall count toward the minimum number of water bottle filling stations required pursuant to subdivision (b), provided that the water bottle filling station meets the requirements of subdivision (d). (2) An existing water bottle filling station that was installed at a school before the enactment of this chapter that does not meet the requirements of subdivision (d) may be repaired or improved by a school in order to meet the requirements of subdivision (d). Upon repair or improvement of the water bottle filling station to meet the requirements of subdivision (d), the school may count the water bottle filling station toward the minimum number of water bottle filling stations required pursuant to subdivision (b). (Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 2. Drinking Water [38040 - 38043] SECTION 38042. Source version: id_3efedafc-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=2.&article= (a) A school district or the governing body of a charter school shall allow pupils, teachers, and staff to bring and carry water bottles. (b) Water bottles may be excluded from libraries, computer labs, science labs, and other places where it is deemed dangerous to have drinking water. (c) School districts and governing bodies of charter schools are encouraged to develop and adopt policies about the type of water bottles that may be carried. (Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 2. Drinking Water [38040 - 38043] SECTION 38043. Source version: id_3efedafe-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=2.&article= (a) Administrators of a school district or the governing body of a charter school shall inform teachers, staff, parents, and pupils about their rights under this chapter, including providing information in pupil and employee handbooks and making the information accessible on the internet website of the school district or charter school. (b) Administrators of a school district or the governing body of a charter school shall encourage water consumption through promotional and educational activities and signage that focus on the benefits of drinking water and highlight water bottle filling stations throughout schools. (Added by Stats. 2022, Ch. 793, Sec. 2. (AB 2638) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 1. Establishment and Use [38080 - 38086.1] SECTION 38080. Source version: id_d3528b6c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=1. The term “cafeteria” as used in this code is considered synonymous with the term “food service.” (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 1. Establishment and Use [38080 - 38086.1] SECTION 38081. Source version: id_d3528b6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=1. The governing board of any school district may establish cafeterias in the schools under its jurisdiction whenever in its judgment it is advisable to do so. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 1. Establishment and Use [38080 - 38086.1] SECTION 38082. Source version: id_d3528b70-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=1. Food shall not be sold at any cafeteria operated by a school district to anyone except pupils and employees of any school district, members of the governing board thereof, and members or employees of the fund or association maintaining the cafeteria; provided, however, that nothing herein contained shall prohibit the use of the cafeteria facilities by any work or harvest camp maintained by or within the district, and by persons entitled to use the school under the Civic Center Act; and provided further, that the governing board of any school district operating a cafeteria may exempt by formal resolution of the board other individuals and organizations from the operation of this section including senior citizens participating in any program conducted pursuant to Chapter 6 (commencing with Section 9500) of Division 8.5 of the Welfare and Institutions Code. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 1. Establishment and Use [38080 - 38086.1] SECTION 38083. Source version: id_d3541212-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=1. Perishable foodstuffs and seasonal commodities needed in the operation of cafeterias may be purchased by the school district in accordance with rules and regulations for such purchase adopted by the governing board of said district notwithstanding any provisions of this code in conflict with such rules and regulations. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 1. Establishment and Use [38080 - 38086.1] SECTION 38084. Source version: id_d3541214-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=1. The food served shall be sold to the patrons of the cafeterias at such a price as will pay the cost of maintaining the cafeterias, exclusive of the costs made a charge against the funds of the school district by this chapter, and items made a charge against the funds of the school district by resolution of the governing board under authority of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 1. Establishment and Use [38080 - 38086.1] SECTION 38086. Source version: id_435b8e9e-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=1. (a) Except as provided in subdivision (b), by July 1, 2011, a school district shall provide access to free, fresh drinking water during meal times in the food service areas of the schools under its jurisdiction, including, but not necessarily limited to, areas where reimbursable meals under the National School Lunch Program or the federal School Breakfast Program are served or consumed. A school district may comply with this section by, among other means, providing cups and containers of water or soliciting or receiving donated bottled water. (b) The governing board of a school district may adopt a resolution stating that it is unable to comply with the requirements of this section and demonstrating the reasons why it is unable to comply due to fiscal constraints or health and safety concerns. The resolution shall be publicly noticed on at least two consecutive meeting agendas, first as an information item and second as an action item, and approved by at least a majority of the governing board. (Added by Stats. 2010, Ch. 558, Sec. 1. (SB 1413) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 1. Establishment and Use [38080 - 38086.1] SECTION 38086.1. Source version: id_77735d77-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=1. (a) The department may receive funds transferred from any available state and federal source, to be allocated by the department to school districts for the purpose of complying with the requirements of Section 38086. (b) Subject to all laws, guidelines, policies, and criteria applicable to the funds, school districts may use funds received pursuant to subdivision (a) for water quality projects, including, but not limited to, water treatment, water facilities restructuring, water filling stations, and maintenance of water facilities. (c) The department shall do both of the following: (1) Consult with the State Department of Public Health, the Department of Water Resources, and the State Water Resources Control Board to identify available sources of funding, including, but not limited to, funding from Proposition 1, approved by the voters at the November 4, 2014, statewide general election, funds for safe drinking water programs administered by the department, the State Department of Public Health, the Department of Water Resources, and the State Water Resources Control Board, other state funding, and federal funding available to fund school water quality and infrastructure. (2) Post the information collected pursuant to paragraph (1) on the department’s Internet Web site. (d) Nothing in this section or Section 38086 affects criteria established by the State Water Resources Control Board for funds and funding programs administered by the State Water Resources Control Board. (Added by Stats. 2015, Ch. 664, Sec. 2. (AB 496) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] SECTION 38090. Source version: id_d354121a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=2. Money received for the sale of food or for any services performed by the cafeterias may be paid into the county treasury to the credit of the “cafeteria fund” of the particular school district. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] SECTION 38091. Source version: id_d75b6f58-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=2. (a) The cafeteria fund shall be used only for those expenditures authorized by the governing board of a school district as necessary for the operation of school cafeterias, including, but not limited to, expenditures for the lease or purchase of additional cafeteria equipment for the kitchen or central food processing plant, vending machines and their installation and housing, and computer equipment and related software. (b) The governing board of any school district, or of two or more school districts governed by governing boards of identical personnel, may also make expenditures from the cafeteria fund for the purchase and installation of additional preparation, cooking, or service equipment for a kitchen or central food processing plant, including necessary alterations incidental to the installation of the equipment, and for the lease or purchase of vehicles used solely in connection with the kitchen or central food processing plant. (Amended by Stats. 2013, Ch. 706, Sec. 6. (AB 626) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] SECTION 38093. Source version: id_d35598c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=2. The governing board of any school district may establish an account for each cafeteria established in a school of the district, or for all cafeterias established in the schools of the district, in one or more banks. The account shall be known as “The Cafeteria Account of (insert name of district) District.” If the account is established for one of several cafeterias, it shall be known as “The Cafeteria Account of the (insert name of school) School of (insert name of district) District.” All receipts of the cafeteria, or cafeterias, as the case may be, derived from the sale of food shall be deposited in the account and shall be expended only for the maintenance of the cafeteria, or cafeterias, exclusive of items made a charge against the funds of the school district by this chapter, and items made a charge against the funds of the school district by resolution of the governing board under authority of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] SECTION 38094. Source version: id_d35598c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=2. The governing board of the district shall designate an employee or employees of the district to have custody of the account or accounts, who shall be responsible for the payment into the account or accounts of all moneys required to be paid into the account or accounts, and for all expenditures therefrom, subject to any regulations that the governing board prescribes. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 2. Cafeterias, Funds and Accounts [38090 - 38095] SECTION 38095. Source version: id_d35598c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=2. Upon the order of the governing board of any district having a cafeteria fund in the county treasury and establishing an account, or accounts, the county treasurer shall deposit the money in the fund to the account, or accounts, and shall notify the county auditor and county or city and county superintendent of schools of his action. If the money is to be deposited in more than one account, the governing board of the district shall designate the amount to be placed in each account. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] SECTION 38100. Source version: id_06aa8e79-fcd3-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=3. (a) The cost of providing adequate housing for cafeterias, including, but not limited to, permanent kitchen facilities, is a charge against the funds of the school district. The cost of the lease or purchase of cafeteria equipment and of vending machines and their installation and housing shall be a charge against cafeteria funds, in accordance with Section 38091. However, when the governing board of a school district deems it necessary, the governing board of a school district may make the cost of the lease or purchase of cafeteria equipment for a kitchen or central food processing plant, and vending machines and their installation and housing, a charge against the funds of the school district. If school district funds are expended for the lease or purchase of kitchen equipment or for the lease, purchase, installation, or housing of vending machines, the governing board of the school district may at any time during the same fiscal year after the expenditure reimburse school district funds from cafeteria funds. The governing board of a school district shall only approve reimbursement for vending machines if one, or both, of the following apply: (1) The vending machines are owned and operated by the school food services department, sell meals that qualify for federal meal program reimbursement, and are equipped with appropriate point of service meal counting software. (2) The vending machines sell only food, or only beverages, or both that comply with state and federal competitive food laws and regulations. (b) The governing board of a school district may by resolution make the cost of maintenance of the kitchen facilities, the cost of replacement or maintenance of kitchen equipment, and costs of telephone charges, water, drinking water in the cafeteria, electricity, gas, coal, wood, fuel, oil, and garbage disposal related to food service and delivery a charge against cafeteria funds, provided that the school district complies with all applicable state and federal laws and regulations. (c) For purposes of this section, “cafeteria fund” means the nonprofit school food service account, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations. (Amended by Stats. 2018, Ch. 593, Sec. 1. (AB 3043) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] SECTION 38101. Source version: id_3a0909eb-fcd3-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=3. (a) (1) The governing board of a school district may authorize expenditures from the cafeteria fund or cafeteria account for those charges from that fund or account that are defined in the California School Accounting Manual, and as specified in paragraphs (2) and (3). (2) The governing board of a school district may authorize expenditures from the cafeteria fund or cafeteria account to provide meals pursuant to Section 49550.5. (3) (A) Upon prior approval by the department, the cost of purchasing a mobile food facility, as defined in Section 113831 of the Health and Safety Code, may be a charge against the cafeteria fund. (B) A local educational agency that uses federal reimbursements from any of the federal child nutrition programs to purchase a mobile food facility shall use the mobile food facility only to support the administration of those federal child nutrition programs. A mobile food facility used for any purposes other than to support the administration of federal child nutrition programs shall be purchased entirely from funding sources other than the cafeteria fund. (b) A food service program shall not be charged more than once for expenditures for the same service. If a food service program is being charged for a service as a direct cost, the school district shall not also allocate that cost as a direct support cost or indirect cost. (c) For purposes of this section, an “indirect cost” shall be limited to the lesser of the school district’s prior year indirect cost rate as approved by the department or the statewide average approved indirect cost for the second prior fiscal year. (d) Charges to, or transfers from, a food service program shall indicate when the charge or transfer was made and shall be accompanied by a written explanation of the purpose of, and basis for, the expenditure. (e) This section does not authorize a school district to charge a food service program any charges prohibited by state or federal law or regulation. (f) If the department and the Department of Finance concur that a school district has violated this section, the Superintendent shall direct that school district to transfer double the amount improperly transferred to the general fund of the school district from that fund to the cafeteria fund of the school district or cafeteria account for the subsequent fiscal year which is then to be used for the improvement of the food service program of the school district. If the school district fails to make that transfer as directed, the Superintendent shall reduce the regular apportionment of the school district determined pursuant to Section 42238 and increase the child nutrition allowance of the school district determined pursuant to Section 41350 by double the amount improperly transferred to the general fund of the school district and that amount is then to be used for improvement of the food service program. (g) It is the intent of the Legislature in enacting this section that responsible school district officials be held fully accountable for the accounting and reporting of food service programs and that minor and inadvertent instances of noncompliance be resolved in a fair and equitable manner to the satisfaction of the Superintendent and the Department of Finance. (h) The Superintendent, with the approval of the Department of Finance, may waive up to the full transfer amount in subdivision (f) if he or she determines that the noncompliance involved is minor or inadvertent, or both. (i) For purposes of this section, “cafeteria fund” means the nonprofit school food service account, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations. (Amended by Stats. 2018, Ch. 593, Sec. 2. (AB 3043) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 3. Cafeterias [38080 - 38103] ARTICLE 3. Cafeterias, Allocation of Charges [38100 - 38103] SECTION 38103. Source version: id_d3571f6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=3.&article=3. The governing board of a school district shall employ persons for food service positions as part of the classified service, except that school districts may utilize the services of volunteers for programs that provide meals for senior citizens as authorized pursuant to Chapter 6 (commencing with Section 9500) of Division 8.5 of the Welfare and Institutions Code. Wages, salaries, and benefits, including employer retirement contributions for food service personnel, shall be paid from the general fund of the school district or from the cafeteria fund, at the discretion of the governing board and upon approval of the county superintendent of schools who has responsibility for a countywide payroll/retirement system under Sections 42646 and 85260. Expenses of the general fund under this section for the costs of wages, salaries, and benefits, including employer retirement contributions and other purposes classed as food service, shall be excluded from the definition of “current expense of education” as defined in Section 41372. The governing board may, at any time, order reimbursement from the cafeteria fund or account to the general fund of the district for payments under this section in such amounts as it prescribes but not to exceed food service employee salary, wage and benefit costs actually incurred. Any reimbursements in excess of the amount actually required shall be refunded to the cafeteria fund or account not later than the close of the current fiscal year. The reimbursements from the cafeteria fund or account shall be considered expenses of the cafeteria fund or account, as the case may be, and only those payments made from the general fund that are not reimbursed from the cafeteria fund or account shall be considered expenses of the general fund. Accounting for those transactions shall be as prescribed in Section 41010. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38110. Source version: id_d358a614-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. The county board of education shall on or before the first day of February of each year establish rules and regulations under which any school district in the county shall, except as provided in Section 40002, purchase standard school supplies and equipment through the county superintendent of schools, or when so directed by him or her, through a county purchasing agent. When the county superintendent of schools purchases standard school supplies without directing their purchase through the county purchasing agent or other county, city, or school district agent or agency, he or she shall make such purchase from the lowest responsible bidder who shall give such security as the county superintendent of schools requires, or else reject all bids. For the purpose of securing bids, the county superintendent of schools shall publish at least once a week for two weeks in a newspaper of general circulation published in the county, a notice calling for bids stating where the list and specifications of standard school supplies and equipment to be furnished may be obtained and the time when, and the place where bids will be opened. The county board of education shall list as standard school supplies and equipment such supplies and equipment as can be advantageously purchased in quantity. The list of standard school supplies shall be accompanied by a table of specifications giving the minimum grade, quality, substance, or other standard required for the purchase of each item listed. The cost of advertising for bids and the cost of preparation of a table of specifications shall be paid from the county general fund. The provisions of this section shall not apply to counties of the first or second class containing no more than three districts with an average daily attendance of less than 2,500. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38111. Source version: id_d358a616-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. The governing board of each school district shall, except as otherwise provided in this code, purchase school furniture, including musical instruments, and apparatus, and such other articles as are necessary for the use of schools, and may, in its discretion, purchase uniforms and other regalia for the use of school bands, orchestras and choirs, and including uniforms and equipment necessary for the use of athletic teams. The provisions of Article 1 of Chapter 4 of Division 5 of Title 1 of the Government Code shall not apply to the purchase of musical instruments made pursuant to this section. Any such articles purchased shall always remain the property of the school district purchasing them. Only such books, apparatus, uniforms, and equipment shall be purchased by the governing board of an elementary school district, if the board is not a city board of education, as have been adopted by the county board of education having jurisdiction over the district. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38112. Source version: id_d358a618-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. (a) Except as provided in subdivision (b), the governing board of any school district may purchase any necessary school supplies and equipment, including standard school supplies and equipment listed by the county board of education, in the manner provided in this chapter, or the governing board of any school district may purchase such supplies and equipment directly from the vendor. Such direct purchase may be as a single district or two or more districts acting as a cooperative. (b) An elementary school district having an average daily attendance of less than 2,500 during the preceding fiscal year may purchase standard school supplies and equipment directly from a vendor only by means of a purchasing cooperative representing a total average daily attendance in excess of 2,500 and then only if the county superintendent of schools has on file a document certifying the school district’s membership in such a cooperative. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38113. Source version: id_d358a61a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. The clerk of each district shall, under the direction of the board of trustees, provide all school supplies authorized by this chapter. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38114. Source version: id_d358a61c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. The cost of maintaining schoolbuses may be paid out of any funds of the district except funds derived from the sale of bonds and funds required by law to be set aside for teachers’ salaries. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38115. Source version: id_d35a2cbe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. The superintendent of schools of each county may transfer at the beginning of any school year from the funds of the school districts of the county which elect to purchase equipment and supplies in accordance with Section 38110, to the school supply revolving fund, which fund is continued in existence, a sum not to exceed 10 percent of the amount to be received during the school year by each district from the State School Fund. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38116. Source version: id_d35a2cc0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. If in any county a school supply revolving fund is not established, payment for school supplies and equipment purchased through the county superintendent of schools or through the county purchasing agent shall be made by order of the governing board of the school district purchasing them, in the same manner as other payments are made from school district funds. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38117. Source version: id_d35a2cc2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. The governing board of each school district throughout the state shall provide for each schoolhouse under its control, a suitable Flag of the United States, which shall be hoisted above each schoolhouse during all school sessions and on school holidays, weather permitting. The governing board of each school district shall provide smaller and suitable United States Flags to be displayed in each schoolroom at all times during the school sessions. The governing board of each school district shall enforce this section. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38118. Source version: id_d35a2cc4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. Writing and drawing paper, pens, inks, blackboards, blackboard erasers, crayons, lead pencils, and other necessary supplies for the use of the schools, shall be furnished under direction of the governing boards of the school districts. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38119. Source version: id_d35a2cc6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. The governing board of a school district may rent or lease personal property needed for district purposes, including the renting or leasing of caps and gowns for seniors who participate in high school graduation ceremonies. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 1. Apparatus and Supplies [38110 - 38120] SECTION 38120. Source version: id_d35a2cc8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=1. The governing board of any school district may lend school band instruments, music, uniforms, and other regalia to persons who are or have been, during the prior school year, members of the school band for use by them on excursions to foreign countries whether or not such an excursion is sanctioned by the governing board. The governing board may require the borrower to make a deposit or take other measures to insure that the items borrowed will be returned in usable condition. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38130. Source version: id_d35bb26c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. This article shall be known and may be cited as the Civic Center Act. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38131. Source version: id_6588f296-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. (a) There is a civic center at each and every public school facility and grounds within the state where the citizens, parent teacher associations, Camp Fire girls, Boy Scout troops, veterans’ organizations, farmers’ organizations, school-community advisory councils, senior citizens’ organizations, clubs, and associations formed for recreational, educational, political, economic, artistic, or moral activities of the public school districts may engage in supervised recreational activities, and where they may meet and discuss, from time to time, as they may desire, any subjects and questions that in their judgment pertain to the educational, political, economic, artistic, and moral interests of the citizens of the communities in which they reside. For purposes of this section, “veterans’ organizations” are those groups included within the definition of that term as specified in subdivision (a) of Section 1800 of the Military and Veterans Code. (b) The governing board of any school district may grant the use of school facilities or grounds as a civic center upon the terms and conditions the board deems proper, subject to the limitations, requirements, and restrictions set forth in this article, for any of the following purposes: (1) Public, literary, scientific, recreational, educational, or public agency meetings. (2) The discussion of matters of general or public interest. (3) The conduct of religious services for temporary periods, on a one-time or renewable basis, by any church or religious organization that has no suitable meeting place for the conduct of the services, provided the governing board charges the church or religious organization using the school facilities or grounds a fee as specified in subdivision (d) of Section 38134. (4) Child care or day care programs to provide supervision and activities for children of preschool and elementary schoolage. (5) The administration of examinations for the selection of personnel or the instruction of precinct board members by public agencies. (6) Supervised recreational activities including, but not limited to, sports league activities for youths that are arranged for and supervised by entities, including religious organizations or churches, and in which youths may participate regardless of religious belief or denomination. (7) A community youth center. (8) A ceremony, patriotic celebration, or related educational assembly conducted by a veterans’ organization. (9) Other purposes deemed appropriate by the governing board. (Amended by Stats. 2006, Ch. 205, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38133. Source version: id_d35bb272-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. The management, direction, and control of school facilities under this article are vested in the governing board of the school district which shall promulgate all rules and regulations necessary to provide, at a minimum, for the following: (a) Aid, assistance, and encouragement to any of the activities authorized in Sections 38131 and 38132. (b) Preservation of order in school facilities and on school grounds, and protection of school facilities and school grounds, including, if the governing board deems necessary, appointment of a person who shall have charge of the school facilities and grounds for purposes of their preservation and protection. (c) That the use of school facilities or grounds is not inconsistent with the use of the school facilities or grounds for school purposes or interferes with the regular conduct of schoolwork. (Amended by Stats. 2002, Ch. 1168, Sec. 9. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38134. Source version: id_44dfe9a1-a078-11f0-9052-b7a92a296773 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. (a) (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following: (A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA. (B) A parent-teacher association. (C) A school-community advisory council. (D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month. (2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district. (b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs. (c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131. (d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs. (e) In the case of entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds. (f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied. (g) As used in this section: (1) “Direct costs” to the school district for the use of school facilities or grounds includes all of the following: (A) The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entity’s use of the school facilities or grounds under this section. (B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows: (i) For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. (ii) The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to: (I) Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs. (II) Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours. (iii) Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section. (2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. (h) (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks. (2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property. (Amended by Stats. 2025, Ch. 156, Sec. 1. (AB 503) Effective October 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38135. Source version: id_d35bb276-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. Any use, by any individual, society, group, or organization for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States or of the state by force, violence, or other unlawful means shall not be permitted or suffered. Any individual, society, group, or organization which commits any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government by force, violence, or other unlawful means while using school property pursuant to the provisions of this chapter is guilty of a misdemeanor. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38136. Source version: id_d35d3918-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. No governing board of a school district shall grant the use of any school property to any person or organization for any use in violation of Section 38135. For the purpose of determining whether or not any individual, society, group, or organization applying for the use of the school property intends to violate Section 38135, the governing board shall require the making and delivery to the governing board, by the applicant of a written statement of information in the following form: STATEMENT OF INFORMATION The undersigned states that, to the best of his or her knowledge, the school property for use of which application is hereby made will not be used for the commission of any act intended to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States by force, violence or other unlawful means; That ____, the organization on whose behalf he or she is making application for use of school property, does not, to the best of his or her knowledge, advocate the overthrow of the government of the United States or of the State of California by force, violence, or other unlawful means, and that, to the best of his or her knowledge, it is not a Communist action organization or Communist front organization required by law to be registered with the Attorney General of the United States. This statement is made under the penalties of perjury. _____ (Signature) _____ The school board may require the furnishing of additional information as it deems necessary to make the determination that the use of school property for which application is made would not violate Section 38135. Any person applying for the use of school property on behalf of any society, group, or organization shall be a member of the applicant group and, unless he or she is an officer of the group, must present written authorization from the applicant group to make the application. The governing board of any school district may, in its discretion, consider any statement of information or written authorization made pursuant to the requirements of this section as being continuing in effect for the purposes of this section for the period of one year from the date of the statement of information or written authorization. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38137. Source version: id_d35d391b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. Written statements of information as required by Section 38136 need not be under oath, but shall contain a written declaration that they are made under the penalty of perjury, and any person so signing the statements who willfully states therein as true any material matter which he or she knows to be false, is subject to the penalties prescribed for perjury in the Penal Code. (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38138. Source version: id_d35ebfbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. Notwithstanding the provisions of this article or any other provisions of law, when a nonpartisan charitable organization organized under the laws of this state has constructed or will construct, subject to the provisions of Article 3 (commencing with Section 39140) of Chapter 2 of this part, a school athletic and youth center facility at no cost to a school district, upon a school-district-owned site to be owned by and for the benefit of the school occupying the site, the governing board of the school district, in accepting the donation and prescribing the conditions and restrictions with respect thereto, may permit the general use of the facility under the provisions of this article for specified supervised recreational activities which are sponsored by or conducted by the donor organization, and may also permit the donor organization to use the facility for this purpose at times when the facility is not being used by the school district for the educational program and related school activities of the designated beneficiary school, unless the use and occupancy of the facility by the donor organization would otherwise interfere with the regular conduct of the school. Any use granted to the donor organization shall, however, immediately and forever terminate if the donor organization denies the use of the facility to any person because of their race, religion, creed, national origin, ancestry, or sex. This section shall apply only to elementary school districts in San Diego County which had an average daily attendance of 425 or less during the 1970–71 school year, and which, during the 1970–71 school year, had a modified assessed valuation per pupil in average daily attendance of between forty-five thousand dollars ($45,000) and fifty thousand dollars ($50,000). (Added by Stats. 1996, Ch. 277, Sec. 5. Effective January 1, 1997. Operative January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23. SUPPLEMENTAL SERVICES [38000 - 38139] CHAPTER 4. Miscellaneous Provisions [38110 - 38139] ARTICLE 2. Use of School Property [38130 - 38139] SECTION 38139. Source version: id_06427f74-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.&chapter=4.&article=2. (a) Public primary schools shall post at an appropriate area restricted to adults information regarding missing children provided by the Department of Justice pursuant to Section 14210 of the Penal Code. (b) Public secondary schools shall post at an appropriate area information regarding missing children provided by the Department of Justice pursuant to Section 14210 of the Penal Code. (Amended by Stats. 2014, Ch. 437, Sec. 1. (SB 1066) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39800. Source version: id_d361cd0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) The governing board of any school district may provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. The governing board may purchase or rent and provide for the upkeep, care, and operation of vehicles, or may contract and pay for the transportation of pupils to and from school by common carrier or municipally owned transit system, or may contract with and pay responsible private parties for the transportation. These contracts may be made with the parent or guardian of the pupil being transported. A governing board may allow the transportation of preschool or nursery school pupils in schoolbuses owned or operated by the district. A state reimbursement may not be received by a district for the transportation of preschool or nursery school pupils. (b) As used in this article, “municipally owned transit system” means a transit system owned by a city, or by a district created under Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39800.1. Source version: id_46185d0f-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) As a condition of receiving apportionments under Section 41850.1, a local educational agency shall develop a plan describing the transportation services it will offer to its pupils, and how it will prioritize planned transportation services for pupils in transitional kindergarten, kindergarten, and any of grades 1 to 6, inclusive, and pupils who are low income. The plan shall be adopted by the local educational agency’s governing board on or before April 1, 2023, and updated by April 1 each year thereafter. The plan shall include the following components: (1) A description of the local educational agency’s transportation services that would be accessible to pupils with disabilities and homeless children and youth, as defined pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). (2) A description of how unduplicated pupils, as defined in subdivision (b) of Section 42238.02, would be able to access available home-to-school transportation at no cost to the pupils. (b) (1) The plan shall be developed in consultation with classified staff, teachers, school administrators, regional local transit authorities, local air pollution control districts and air quality management districts, parents, pupils, and other stakeholders. (2) The plan shall be presented and adopted by the governing board of the local educational agency in an open meeting with the opportunity for in-person and remote public comment. (c) The plan may provide for the local educational agency to partner with a municipally owned transit system to provide service pursuant to this section to middle school and high school pupils. (d) Nothing in a local educational agency’s plan shall preclude a local educational agency from providing no-cost transit passes to pupils. (e) For purposes of this section, “local educational agency” means a school district, excluding a school district with a districtwide charter petition approved pursuant to Section 47606, or a county office of education. (Amended by Stats. 2023, Ch. 48, Sec. 19. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39800.5. Source version: id_d361cd0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) Any school district and any owner or operator of a private school that provides transportation for pupils that owns, leases, or otherwise has possession or control of a 15-passenger van, may not, on or after January 1, 2005, authorize the operation of that van for the purpose of transporting passengers unless the person driving or otherwise operating that van has both of the following: (1) A valid class B driver’s license, as provided in Division 6 (commencing with Section 12500) of the Vehicle Code, issued by the Department of Motor Vehicles. (2) An endorsement for operating a passenger transportation vehicle, as provided in Article 6 (commencing with Section 15275) of Chapter 7 of Division 6 of the Vehicle Code, issued by the Department of Motor Vehicles. (b) (1) Except as provided in paragraph (2), for purposes of this section, a “15-passenger van” means any van manufactured to accommodate 15 passengers, including the driver, regardless of whether that van has been altered to accommodate fewer than 15 passengers. (2) For purposes of this section, a “15-passenger van” does not mean a 15-passenger van with dual rear wheels that has a gross weight rating equal to, or greater than, 11,500 pounds. (Added by Stats. 2003, Ch. 559, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39801. Source version: id_d361cd0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. The governing board of any school district may contract with the county superintendent of schools to provide necessary transportation services. The county superintendent of schools, acting pursuant to the contract, shall have all the powers and duties granted to governing boards by this article. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39801.5. Source version: id_d361cd11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) The governing board of any school district may contract for the transportation of matriculated or enrolled adults, or provide transportation to adults in district-owned equipment for educational purposes other than to and from school. (b) Any district that contracts to provide or provides transportation to adults pursuant to this section may charge adults all or part of the costs of contracting for or providing transportation services. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39802. Source version: id_d36353b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. In order to procure the service at the lowest possible figure consistent with proper and satisfactory service, the governing board shall, whenever an expenditure of more than ten thousand dollars ($10,000) is involved, secure bids pursuant to Sections 20111 and 20112 of the Public Contract Code whenever it is contemplated that a contract may be made with a person or corporation other than a common carrier or a municipally owned transit system or a parent or guardian of the pupils to be transported. The governing board may let the contract for the service to other than the lowest bidder. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39803. Source version: id_d36353b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) If a continuing contract for the furnishing of transportation of pupils in school districts to and from school is made it shall be made for a term not to exceed five years. A contract is renewable at the option of the school district and the party contracting to provide transportation services, jointly, at the end of the term of the contract. The contract as renewed shall include all of the terms and conditions of the previous contract, including any provisions increasing rates based on increased costs. (b) A continuing contract may be made for the lease or rental of schoolbuses, not to exceed five years, except that if a lease or rental contract provides that the district may exercise an option either to purchase the buses or to cancel the lease at the end of each annual period during the period of the contract, the contract may be made for a term not to exceed 10 years. (c) Notwithstanding any other provisions of law to the contrary, a continuing contract executed under the provisions of this section may be negotiated annually within the contract period when economic factors indicate negotiation is necessary to maintain an equitable pricing structure. Renegotiation is subject to the approval of both contracting parties. (d) Any rental, lease, or lease-purchase of a schoolbus shall comply with all applicable provisions of Article 3 (commencing with Section 17450) of Chapter 4 of Part 10.5. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39803.5. Source version: id_ae3b5263-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) Notwithstanding Section 39803 or any other law, this section shall apply to the furnishing of transportation of pupils in local educational agencies to and from school using schoolbuses that are zero-emission vehicles and for the lease or rental of schoolbuses that are zero-emission vehicles. (b) If a continuing contract for the furnishing of transportation of pupils in local educational agencies to and from school is made, it shall be made for a term not to exceed 15 years. A contract is renewable at the option of the local educational agency and the party contracting to provide transportation services, jointly, at the end of the term of the contract. The contract as renewed shall include all of the terms and conditions of the previous contract, including any provisions increasing rates based on increased costs. (c) A continuing contract may be made for the lease or rental of schoolbuses, not to exceed 15 years, except that if a lease or rental contract provides that the local educational agency may exercise an option either to purchase the buses or to cancel the lease at the end of each annual period during the period of the contract, the contract may be made for a term not to exceed 20 years. (d) Notwithstanding any other law to the contrary, a continuing contract executed under this section may be negotiated annually within the contract period when economic factors indicate negotiation is necessary to maintain an equitable pricing structure. Renegotiation is subject to the approval of both contracting parties. (e) Any rental, lease, or lease-purchase of a schoolbus shall comply with all applicable provisions of Article 3 (commencing with Section 17450) of Chapter 4 of Part 10.5 of Division 1 of Title 1. (f) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (g) This section is effective January 1, 2024. (Added by Stats. 2023, Ch. 445, Sec. 3. (AB 579) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39805. Source version: id_d36353b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. In bidding on contracts to be made pursuant to Section 39803, bidders may include in their bids abstractions of their quotations indicating the pricing structure used to compute the annual lease or rental payments for the sole purpose of identifying that portion of each annual lease or rental payment which may represent tax exemption reimbursement to the vendor, lessor or to their assignees. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39806. Source version: id_d36353b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. In lieu of providing in whole or in part for the transportation of a pupil attending the schools of a district, the governing board may pay to the parents or guardian of the pupil a sum not to exceed the cost of actual and necessary travel incurred in transporting the pupil to and from the regular day schools of the district. A payment may not be made pursuant to this section unless it will be more economical to make the payments than to provide for said transportation. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39807. Source version: id_d36353bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. In lieu of furnishing transportation to pupils attending the schools of a school district, the governing board may pay to the parents or guardian of each pupil the cost of food and lodging of the pupil at a place convenient to the schools. The amount paid on account of each pupil may not exceed the estimated cost to the district of providing for the transportation of the pupil to and from his or her home and the school he or she attends. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39807.5. Source version: id_6e17e640-fed2-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) When a local educational agency provides for the transportation of pupils to and from schools, including the governing board of a school district pursuant to Section 39800, or between the regular full-time day schools they would attend and the regular full-time occupational training classes attended by them as provided by a regional occupational center or program, the governing board may require the parents and guardians of all or some of the pupils transported, to pay a portion of the cost of this transportation in an amount determined by the governing board. (b) The amount determined by the governing board pursuant to subdivision (a) shall be no greater than the statewide average nonsubsidized cost of providing this transportation to a pupil on a publicly owned or operated transit system as determined by the Superintendent, in cooperation with the Department of Transportation. (c) For purposes of this section, “nonsubsidized cost” means actual operating costs less federal subventions. (d) The governing board shall exempt from these charges pupils of parents and guardians who are unduplicated pupils, as defined in subdivision (b) of Section 42238.02. Nothing in this provision shall prevent the governing board from providing transportation services at no cost. (e) A charge under this section may not be made for the transportation of individuals with exceptional needs as defined in Section 56026. (f) Nothing in this section shall be construed to sanction, perpetuate, or promote the racial or ethnic segregation of pupils in the schools. (g) For purposes of this section, “local educational agency” means a school district or a county office of education. (Amended by Stats. 2022, Ch. 52, Sec. 15. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39808. Source version: id_d36353bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) The governing board of any school district may allow a pupil entitled to attend the school of the district, but who, under Section 48222, attends a school other than a public school to be transported upon the same terms, in the same manner, and over the same routes of travel as is permitted pupils attending the district school. (b) The allowance provided for in this section shall be restricted to actual transportation when furnished by the district to pupils attending the district school, and nothing in this section shall be construed to authorize or permit in lieu of transportation payments of money to parents or guardians of pupils attending private schools. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 1. General Provisions [39800 - 39809.5] SECTION 39809.5. Source version: id_d364da61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=1. (a) The sum of the state aid received and the parent fees collected in a fiscal year may not exceed actual operating cost of home-to-school transportation in that fiscal year. (b) If excess fees are collected due to errors in estimated costs, fees shall be reduced in succeeding years. (c) The governing board shall certify to the county superintendent that districts have levied fees in accordance with law, and that fees have been reduced and excess fee revenue eliminated whenever excess fees have been charged. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 2. State Reimbursement [39820- 39820.] SECTION 39820. Source version: id_f7230f89-a435-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=2. Notwithstanding any other law, the governing board of a school district may provide for the transportation to and from public school of pupils who have attained the age of three years and nine months and are enrolled in classes established pursuant to Chapter 4.45 (commencing with Section 56440) of Part 30 of Division 4 whenever in the judgment of the governing board of a school district, transportation is advisable and good reasons exist. A governing board of a school district may allow for the transportation of parents of pupils enrolled in these classes for the purpose of accompanying their children to and from the attendance center offering the early primary classes. (Amended by Stats. 2015, Ch. 538, Sec. 12. (SB 416) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39830. Source version: id_bba95ece-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. A schoolbus is any motor vehicle designed, used, or maintained for the transportation of a school pupil at or below the grade 12 level to or from a public or private school or to or from public or private school activities, except the following: (a) A motor vehicle of any type carrying only members of the household of its owner. (b) A motortruck transporting pupils who are seated only in the passenger compartment, and a passenger vehicle designed for and when actually carrying not more than 10 persons, including the driver, except any vehicle or truck transporting two or more pupils who use wheelchairs. (c) A motor vehicle operated by a common carrier, or by and under exclusive jurisdiction of a publicly owned or operated transit system, only during the time it is on a scheduled run and is available to the general public or on a run scheduled in response to a request from a pupil who uses a wheelchair, or from a parent of the pupil, for transportation to or from nonschool activities. However, the motor vehicle is designed for and actually carries not more than 16 persons and the driver, is available to eligible persons of the general public, and the school does not provide the requested transportation service. (d) A school pupil activity bus as defined in Section 39830.1. (e) A motor vehicle operated by a carrier licensed by the Interstate Commerce Commission that is transporting pupils on a school activity entering or returning to the state from another state or country. (f) A state-owned motor vehicle being operated by a state employee upon the driveways, paths, parking facilities, or grounds specified in Section 21113 of the Vehicle Code that are under the control of a state hospital under the jurisdiction of the State Department of Developmental Services where the posted speed limit is not more than 20 miles per hour. The motor vehicle may also be operated for a distance of not more than one-quarter mile upon a public street or highway that runs through the grounds of a state hospital under the jurisdiction of the State Department of Developmental Services, if the posted speed limit on the public street or highway is not more than 25 miles per hour and if all traffic is regulated by posted stop signs or official traffic control signals at the points of entry and exit by the motor vehicle. (Amended by Stats. 2007, Ch. 569, Sec. 22. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39830.1. Source version: id_d366610b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. A “school pupil activity bus” means any motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. As used in this section, “common carrier,” “publicly owned or operated transit system,” and “passenger charter-party carrier” mean carriers in business for the principal purpose of transporting members of the public on a commercial basis. This section shall not apply to a motor vehicle operated by a carrier licensed by the Interstate Commerce Commission transporting pupils on a school activity trip entering or returning to the state from another state or country. The driver of a school pupil activity bus shall be subject to the regulations adopted by the Department of the California Highway Patrol governing schoolbus drivers, except that the regulations shall not require drivers to duplicate training or schooling that they have otherwise received that is equivalent to that required pursuant to the regulations, and the regulations may not require drivers to take training in first aid. However, a valid certificate to drive a school pupil activity bus does not entitle the bearer to drive a schoolbus. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39831. Source version: id_d366610d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. (a) The State Board of Education shall adopt reasonable regulations relating to the use of schoolbuses by school districts and others. The regulations may not govern the safe operation of schoolbuses that shall be adopted instead by the Department of the California Highway Patrol. (b) The Department of the California Highway Patrol shall adopt regulations pursuant to Section 34500 of the Vehicle Code relating to the safe operation of schoolbuses that shall also require school district governing boards to include in their schoolbus driver training programs, the proper actions to be taken in the event that a schoolbus is hijacked. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39831.1. Source version: id_3a38a8e3-a432-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. The state board shall adopt regulations to require a passenger in a schoolbus equipped with passenger restraint systems in accordance with Section 27316 of the Vehicle Code to use a passenger restraint system so that the passenger is properly restrained by that system. (Added by renumbering Section 38047.5 by Stats. 2015, Ch. 303, Sec. 75. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39831.2. Source version: id_40bff475-a432-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. The state board shall adopt regulations to require a passenger in a school pupil activity bus equipped with passenger restraint systems in accordance with Section 27316.5 of the Vehicle Code to use a passenger restraint system so that the passenger is properly restrained by that system. (Added by renumbering Section 38047.6 by Stats. 2015, Ch. 303, Sec. 76. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39831.3. Source version: id_de241164-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. (a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils. The plan shall be revised as required. The plan shall address all of the following: (1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code. (2) (A) Procedures for all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, to follow as they board and exit the appropriate schoolbus at each pupil’s schoolbus stop. (B) Nothing in this paragraph requires a county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity, to use the services of an onboard schoolbus monitor, in addition to the driver, to carry out the purposes of this paragraph. (3) Boarding and exiting a schoolbus at a school or other trip destination. (4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus. (5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. (b) A current copy of a plan prepared pursuant to subdivision (a) shall be retained by each school subject to the plan and made available upon request to an officer of the Department of the California Highway Patrol. (Amended by Stats. 2016, Ch. 721, Sec. 2. (SB 1072) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39831.5. Source version: id_d3666111-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. (a) All pupils in prekindergarten, kindergarten, and grades 1 to 12, inclusive, in public or private school who are transported in a schoolbus or school pupil activity bus shall receive instruction in schoolbus emergency procedures and passenger safety. The county superintendent of schools, superintendent of the school district, or owner/operator of a private school, as applicable, shall ensure that the instruction is provided as follows: (1) Upon registration, the parents or guardians of all pupils not previously transported in a schoolbus or school pupil activity bus and who are in prekindergarten, kindergarten, and grades 1 to 6, inclusive, shall be provided with written information on schoolbus safety. The information shall include, but not be limited to, all of the following: (A) A list of schoolbus stops near each pupil’s home. (B) General rules of conduct at schoolbus loading zones. (C) Red light crossing instructions. (D) Schoolbus danger zone. (E) Walking to and from schoolbus stops. (2) At least once in each school year, all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, who receive home-to-school transportation shall receive safety instruction that includes, but is not limited to, proper loading and unloading procedures, including escorting by the driver, how to safely cross the street, highway, or private road, instruction on the use of passenger restraint systems, as described in paragraph (3), proper passenger conduct, bus evacuation, and location of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. As part of the instruction, pupils shall evacuate the schoolbus through emergency exit doors. (3) Instruction on the use of passenger restraint systems, when a passenger restraint system is installed, shall include, but not be limited to, all of the following: (A) Proper fastening and release of the passenger restraint system. (B) Acceptable placement of passenger restraint systems on pupils. (C) Times at which the passenger restraint systems should be fastened and released. (D) Acceptable placement of the passenger restraint systems when not in use. (4) Prior to departure on a school activity trip, all pupils riding on a schoolbus or school pupil activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. (b) The following information shall be documented each time the instruction required by paragraph (2) of subdivision (a) is given: (1) Name of school district, county office of education, or private school. (2) Name and location of school. (3) Date of instruction. (4) Names of supervising adults. (5) Number of pupils participating. (6) Grade levels of pupils. (7) Subjects covered in instruction. (8) Amount of time taken for instruction. (9) Busdriver’s name. (10) Bus number. (11) Additional remarks. The information recorded pursuant to this subdivision shall remain on file at the district or county office, or at the school, for one year from the date of the instruction, and shall be subject to inspection by the Department of the California Highway Patrol. (Amended by Stats. 2003, Ch. 552, Sec. 13. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39832. Source version: id_d367e7b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. The name or names of the particular school or schools to which a schoolbus conveys pupils may be painted on the side of the bus, in the manner prescribed by the Department of the California Highway Patrol. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39833. Source version: id_d367e7b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. Any officer, agent, or employee of a school district, or any other person knowingly operating, or permitting or directing the operation of a schoolbus in violation of any regulation or order of the Department of the California Highway Patrol, and any person knowingly operating a schoolbus without possessing the qualifications required by the Department of the California Highway Patrol for schoolbus operators, is guilty of a misdemeanor. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39834. Source version: id_d367e7b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. (a) Except as provided in subdivision (b), any officer, agent, or employee of a school district, office of the county superintendent of schools, or joint powers agency, or any other person, knowingly operating, or permitting or directing the operation of a schoolbus, when it is loaded with schoolchildren in excess of the limits of its seating capacity, is guilty of a misdemeanor. (b) The governing board of any school district, office of the county superintendent of schools, or joint powers agency may adopt a district policy establishing plans for the evacuation of pupils in case of any emergency that may provide, where necessary, for the loading of schoolchildren on a schoolbus in excess of the limits of its seating capacity. (c) As used in this section, “emergency” means a natural disaster or hazard that requires pupils to be moved immediately in order to ensure their safety. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39835. Source version: id_d367e7b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. (a) The governing board of any school district may use schoolbuses to transport persons for purposes of community recreation as provided in Chapter 10 (commencing with Section 10900) of Part 7. The transportation may be provided on any day or days throughout the school year. (b) Any school district that files forms with the Superintendent of Public Instruction covering the annual report of transportation expense in connection with reimbursement for transportation shall show on the forms the total mileage of schoolbuses used in providing transportation for community recreation purposes. The Superintendent of Public Instruction, in accordance with regulations adopted by him or her, shall deduct from the allowances to a school district for transportation an amount equal to the depreciation of schoolbuses due to their use in transporting persons for community recreation. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39836. Source version: id_d367e7bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. During any national emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, the governing board of a school district may operate any bus owned or under lease to the district for the transportation of pupils of the district engaged in the harvesting of crops to and from the places of harvest and shall require the payment of a reasonable charge for transportation furnished. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39837. Source version: id_d367e7bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. The governing board of any school district may use and operate any bus owned or under lease to the district for the transportation of pupils to and from their places of employment during the summer in connection with any summer employment program for youth. The governing board shall require the payment of a reasonable charge for transportation so furnished. The governing board shall, in accordance with Section 35208, adequately insure against the liability of the district, members of the board, and officers and employees of the district in connection with the furnishing of transportation. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39837.5. Source version: id_7e4e8d00-e416-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. The governing board of a school district may provide for the transportation on schoolbuses of employees of the school district, parents of pupils of the school district, and adult volunteers to and from educational activities authorized by the school district. (Amended by Stats. 2017, Ch. 173, Sec. 1. (AB 1453) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39838. Source version: id_d3696e61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. (a) Each schoolbus shall be equipped with one or more fire extinguishers bearing the approval of the laboratories of the National Board of Fire Underwriters, Underwriters’ Laboratories Incorporated, or any other nationally recognized testing laboratory, and located in an easily accessible place in the driver’s compartment. (b) Each schoolbus shall be equipped with one or more fire extinguishers with an aggregate rating of at least 8-B, C units, as rated by the Underwriters’ Laboratories Incorporated. Carbon tetrachloride fire extinguishers may not be used on schoolbuses. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39839. Source version: id_d3696e63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. Guide dogs, signal dogs, and service dogs trained to provide assistance to individuals with a disability may be transported in a schoolbus when accompanied by disabled pupils enrolled in a public or private school or by disabled teachers employed in a public or private school or community college or by persons training the dogs. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39840. Source version: id_d3696e65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. The governing board of any school district may enter into a contract under the terms of which the school district grants the use of any schoolbus that is owned or leased by the school district to any federal, state, or local governmental agency for the purpose of providing transportation for employees of the agency to or from their places of employment, or both, if the following conditions are satisfied: (a) Public transportation is not reasonably available to the agency’s employees at their place of employment. (b) The school district normally provides transportation for pupils residing on the governmental agency’s property to or from school, or both. (c) The transportation of the agency’s employees does not interfere with the school district’s use of schoolbuses for school transportation purposes. (d) All schoolbus warning lights and exterior lettering or signs that identify the bus as a schoolbus are covered or removed during operation by the federal, state, or local governmental agency. (e) Mechanical condition of a schoolbus during operation by the federal, state, or local governmental agency is maintained so as to meet or exceed those regulations promulgated by the State Department of Education pursuant to Section 39831 governing the operation of schoolbuses. (f) Accurate records are maintained that reflect the actual number of miles any schoolbus is driven during times of operation by the federal, state, or local governmental agency, which records are to be made available to the Superintendent of Public Instruction in connection with the annual report of transportation expense made by the school district. The Superintendent of Public Instruction, in accordance with Section 39835, shall deduct from the allowances to a school district for transportation an amount equal to the depreciation of schoolbuses due to their use in transporting employees of a federal, state, or local governmental agency pursuant to this section. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39841. Source version: id_d3696e67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. The following requirements shall be included in any agreement entered into between a school district and a publicly owned transit system under which the school district grants the use of any schoolbus that is owned or leased by it to the transit system for public transportation purposes: (a) All schoolbus warning lights and exterior lettering or signs that identify the bus as a schoolbus are covered or removed during operation by the transit system. (b) Mechanical condition of a schoolbus during operation by the transit system is maintained so as to meet or exceed those regulations adopted by the State Board of Education pursuant to Section 39831 governing the operation of schoolbuses. (c) Accurate records are maintained that reflect the actual number of miles any schoolbus is driven during times of operation by the transit system. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39842. Source version: id_d3696e69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. (a) Any person who enters a schoolbus or school pupil activity bus without prior authorization of the driver or other school official with intent to commit any crime and who refuses to disembark after being ordered to do so by the driver or other school official is guilty of a misdemeanor and is punishable by imprisonment in the county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both. (b) A school district or county superintendent of schools may place a notice at the entrance of a schoolbus or school pupil activity bus that complies with the requirements of paragraph (3) of subdivision (c) of Section 1256.5 of Title 13 of the California Code of Regulations and that warns against unauthorized entry. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 3. Schoolbuses [39830 - 39843] SECTION 39843. Source version: id_0e37103a-ca2c-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=3. (a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall notify the Department of Motor Vehicles, in a form and manner that the Department of Motor Vehicles specifies, within five calendar days after the county office of education, the governing board of a school district, the charter school, the owner or operator of the private school, or, in situations where the transportation services are contracted out, the driver’s employer, has done both of the following: (1) Ordered and upheld disciplinary action, after completion of disciplinary procedures conducted in compliance with rights granted by law or a collective bargaining agreement, against a driver of a schoolbus, school pupil activity bus, or youth bus who was found to have left the immediate vicinity of the vehicle to which the driver had been assigned with an unsupervised pupil onboard. (2) Made a finding that the driver’s actions constituted gross negligence. (b) For purposes of this section, escorting pupils pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code shall not be considered leaving the immediate vicinity of the vehicle. (c) For purposes of this section, “gross negligence” means the want of even scant care or an extreme departure from the ordinary standard of conduct. (Added by Stats. 2016, Ch. 721, Sec. 3. (SB 1072) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 4. Special Services [39860- 39860.] SECTION 39860. Source version: id_e80f6f86-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=4. (a) The governing board of a school district may contract for the transportation of pupils attending schools within the district to and from any exposition or fair, school activities, or other activities that the governing board of the school district determines to be for the benefit of the pupils, in this state, and may pay for the transportation out of any funds of the school district available for the purpose. (b) The governing board of a school district shall require that any contract for the transportation of pupils under this section shall include the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus in accordance with paragraph (4) of subdivision (a) of Section 39831.3. (Amended by Stats. 2016, Ch. 721, Sec. 4. (SB 1072) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 5. Compensated Driver Requirements [39875 - 39882] SECTION 39875. Source version: id_9642639f-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=5. (a) Except as provided pursuant to subdivisions (b) to (g), inclusive, this article shall apply to all drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, providing school-related pupil transportation for compensation. (b) Nothing in this article shall be construed to apply to a driver employed by any of the following: (1) A municipally owned transit system offering supplementary service. (2) A congregate care facility licensed by the State Department of Social Services. (3) A county human services agency. (4) An entity, excluding entities with a primary purpose of providing transportation services, serving pupils experiencing homelessness that is coordinated with the homeless continuum of care in counties that have one or otherwise designated to serve children who are homeless by a county without a continuum of care. (5) A county probation agency. (6) Another government agency, other than a local educational agency. (7) A foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. (8) A tribal authority. (c) Nothing in this article shall be construed to apply to any of the following persons who are compensated to drive a pupil: (1) A parent or relative as defined in paragraph (2) of subdivision (c) of Section 361.3 of the Welfare and Institutions Code, or a nonrelative extended family member as defined in Section 362.7 of the Welfare and Institutions Code. (2) A guardian. (3) A caregiver given temporary or permanent custody of the pupil by a court, child welfare agency, tribal authority, or county probation department. (4) A court-appointed educational rights holder. (5) A court-appointed special advocate. (6) A pupil who drives themself. (d) If both of the following occur, nothing in this article shall be construed to apply to a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee’s supervision of pupils for a field trip, extracurricular activity, or athletic program, or when the employee provides transportation to pupils for other activities, not to exceed 40 hours of drive time per school year per employee: (1) A local educational agency makes a reasonable effort to secure a driver who meets the requirements of this article. (2) When a local educational agency is unable to secure a driver who meets the requirements of this article, the local educational agency informs the parent, guardian, or court-appointed educational rights holder of the pupil being transported that the driver transporting their pupil does not meet the requirements of this article, unless that notice will jeopardize a pupil’s privacy rights. (e) Nothing in this article shall be construed to apply to a driver who transports a pupil who must be immediately transported to a facility in the case of a medical or psychiatric emergency, or in the case of pupils who need to be transported immediately as the result of an emergency that arises as a result of a fire, flood, earthquake, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or because of an immediate threat to the physical safety of the pupil or pupils. The exemption pursuant to this subdivision involving an epidemic shall only apply to each epidemic for a period lasting no longer than one month. (f) Nothing in this article shall be construed to apply to a driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupil’s transportation plan is being finalized. The exemption pursuant to this subdivision shall apply for a period lasting no longer than one month after the first ride is provided to that pupil under this exemption. (g) Nothing in this article shall be construed to apply to a driver during a trip for which they are authorized by the local educational agency to transport one or more pupils for a field trip when the destination is more than 200 miles from the transported pupil’s California school campus. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 5. Compensated Driver Requirements [39875 - 39882] SECTION 39877. Source version: id_964263a1-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=5. (a) A driver who provides transportation services for pupils in a vehicle with a maximum capacity of 10 or fewer persons, including the driver, shall: (1) Hold a valid California driver’s license for the appropriate class of vehicle. (2) Be at least 18 years of age. (3) Pass a criminal background check, including fingerprint clearance consistent with Section 45125 for employees and Section 45125.1 for all other compensated drivers. (4) Have a satisfactory driving record that includes none of the following: (A) Within three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections 12810 and 12810.5 of the Vehicle Code. (B) Within three years, has had their driving privilege suspended, revoked, or on probation for any reason involving the unsafe operation of a motor vehicle. (C) Has been determined by the Department of Motor Vehicles to be a negligent or incompetent operator. (5) Not have demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the driver’s ability to perform the duties of a driver may be impaired. (6) Not have been convicted of an offense listed in paragraph (1) of subdivision (a) of Section 13370 of the Vehicle Code, paragraph (5) of subdivision (a) of Section 13370 of the Vehicle Code, or subdivision (b) of Section 13370 of the Vehicle Code. (7) Provide their employer or the private entity contracting with the local educational agency a report showing the driver’s current public record as recorded by the Department of Motor Vehicles and participate in the Department of Motor Vehicles’ pull-notice system. (8) Be subjected to and comply with drug and alcohol testing consistent with Section 34520.3 of the Vehicle Code, subject to the cannabis discrimination limitations described in Section 12954 of the Government Code. (9) (A) Complete a medical examination not more than two years prior to the driver performing pupil transportation by a physician licensed to practice medicine, a licensed advanced practice registered nurse qualified to perform a medical examination, a licensed physician assistant, or a licensed doctor of chiropractic listed on the most current National Registry of Certified Medical Examiners, as adopted by the United States Department of Transportation. The driver shall provide a copy of the Medical Examiner’s Certificate, Form MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the local educational agency. Neither the driver nor the medical examiner need to submit this examination result to the Department of Motor Vehicles. (B) The driver shall complete a medical examination pursuant to this paragraph every two years after the initial examination and provide a copy of the Medical Examiner’s Certificate, Form MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the local educational agency. (C) Within the same month of reaching 65 years of age and each 12th month thereafter, the driver shall undergo a medical examination pursuant to this paragraph and provide a copy of the Medical Examiner’s Certificate, Form MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the local educational agency. (10) Submit and clear a tuberculosis risk assessment consistent with Section 49406. (11) Not drive for more than 10 hours within a work period, or after the end of the 16th hour after coming on duty following eight consecutive hours off duty. (12) Complete initial training and subsequent required training sufficient to gain proficiency in all of the following: (A) Pretrip vehicle inspections. (B) Safe loading and unloading of passengers. (C) Proper use of seatbelts and child safety restraints. (D) Handling accidents, incidents, and emergency situations. (E) Providing proper accommodations for pupils with disabilities. (F) Defensive driving. (G) Operations in inclement weather. (H) Operations at night or under impaired visibility conditions. (13) Maintain a daily log sheet and complete the daily pretrip inspection of the vehicle being driven that day, which shall include all of the following: (A) A check of the operability of all lights, initialed by the driver before the vehicle is first driven in service that day. (B) A check for fluid leaks, initialed by the driver before the vehicle is first driven in service that day. (C) A check for the operability of the brakes, initialed by the driver before the vehicle is driven in service that day. (14) Complete training at least equivalent to the American Red Cross first aid training program, or hold a valid and current first aid certificate issued by the American Red Cross or by an organization whose first aid training program is at least equivalent to the American Red Cross’ first aid training program, as determined by the Emergency Medical Services Authority. (b) For vehicles with a maximum capacity of eight or fewer passengers, excluding the driver, only street-legal coupes, sedans, or light-duty vehicles, including vans, minivans, sport utility vehicles, and pickup trucks, shall be used for pupil transportation. (c) Nothing in this article shall limit any additional safety or training requirements that may be imposed by the Public Utilities Commission, a local educational agency, or any government agency. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 5. Compensated Driver Requirements [39875 - 39882] SECTION 39878. Source version: id_964263a3-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=5. A driver who provides transportation services for pupils in a vehicle with a capacity of more than 10 persons, including the driver, shall: (a) Hold a valid California commercial driver’s license for the appropriate class of vehicle, endorsed for passenger transportation pursuant to Section 15278 of the Vehicle Code. (b) Comply with paragraphs (2) to (14), inclusive, of subdivision (a) of Section 39877 if they are not already required to by law. (c) This article shall not reduce other legal requirements placed on any driver who provides transportation services for pupils in a vehicle with a capacity of more than 10 persons, including, but not limited to, a driver of a schoolbus or school pupil activity bus. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 5. Compensated Driver Requirements [39875 - 39882] SECTION 39879. Source version: id_96428ab5-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=5. (a) Any local educational agency contracting with a private entity to provide pupil transportation shall obtain from the private entity a written attestation to all of the following: (1) That it not have any applicable law violations at the time of applying for the contract. (2) That it will maintain compliance with applicable laws for the duration of the contract. (3) That only drivers who meet the requirements of paragraphs (1) to (14), inclusive, of subdivision (a) of Section 39877 work, or will work, under the contract between the private entity and local educational agency. (4) That it has on file all the reports and documents required pursuant to paragraphs (1) to (14), inclusive, of subdivision (a) of Section 39877 for the duration of the contract, including, but not limited to, updated, revised, or modified reports and documents. These reports and documents shall be available for inspection by the local educational agency or any other state regulatory agency at any time. (b) A third party may report to the relevant local educational agency that the private entity the local educational agency contracted with has failed to provide a truthful attestation as required under subdivision (a) or has failed to maintain compliance with the applicable laws required for the duration of the contract. The third party shall provide documentation to substantiate their allegation before the local educational agency considers it. (c) Any vehicle used to provide pupil transportation for compensation by a local educational agency shall meet both of the following: (1) Be inspected every 12 months, or every 50,000 miles, whichever comes first, at a facility licensed by the Bureau of Automotive Repair to ensure that the vehicle passes a 19-point vehicle inspection, as adopted by the Public Utilities Commission and set forth in D.13-09-045, before allowing the vehicle to be driven. This requirement does not apply to vehicles owned or contracted with a local educational agency already subject to a statutory inspection program. (2) Be equipped with a first aid kit and a fire extinguisher. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 5. Compensated Driver Requirements [39875 - 39882] SECTION 39880. Source version: id_96428ab7-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=5. (a) To the extent that the requirements of this article conflict with a contract entered into between a local educational agency and a private entity before January 1, 2024, this article shall not apply until the expiration or renewal of that contract. (b) As used in this section, “local educational agency” means a school district, county office of education, charter school, entity providing services under a school transportation joint powers agreement, or regional occupational center or program. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 5. Compensated Driver Requirements [39875 - 39882] SECTION 39881. Source version: id_96428ab9-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=5. As used in this article, the following definitions apply: (a) “Applicable law” means applicable California laws within the Labor and Workforce Development Agency’s jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workers’ compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code as well as laws protecting worker health and safety. (b) “Applicable law violation” means a violation that has a final determination, order, judgment, or award issued against a private entity for engaging in illegal conduct related to applicable laws and that remains unabated or unsatisfied following the period during which an appeal may be made. (c) “Congregate care facility” means a community care facility, intermediate care facility, skilled nursing facility, or a short-term residential therapeutic program. (d) “Local educational agency” means a school district, county office of education, charter school, entity providing services under a school transportation joint powers agreement, or regional occupational center or program. (e) “School-related pupil transportation” means home-to-school transportation, field trips, after school program-related transportation, preschool and childcare-related transportation, athletic program-related transportation, extracurricular school activity-related transportation, or any transportation of pupils to or from a school campus. (f) “Municipally owned transit system” means a transit system owned by a city, or by a district created pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. (g) “Supplementary service” means additional service provided by a municipally owned transit system for the purpose of ensuring the regular transit service is not impacted by large loads associated with pupil passengers traveling to or from schoolsites around school bell times. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 1. Transportation Services [39800 - 39882] ARTICLE 5. Compensated Driver Requirements [39875 - 39882] SECTION 39882. Source version: id_96428abb-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=1.&article=5. (a) Except as provided pursuant to subdivision (b), this article shall become operative on July 1, 2025. (b) Section 39880 shall become operative on January 1, 2024. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 2. Farm Labor Driver Training Course [40070- 40070.] SECTION 40070. Source version: id_d36c7bb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=2.&article= (a) The State Department of Education shall develop or approve a course for the training of schoolbus, school pupil activity bus, and farm labor vehicle drivers that will provide them with the skills and knowledge necessary to prepare them for an examination for certification pursuant to Sections 12517 and 12519 of the Vehicle Code. The department shall seek the advice and assistance of the Department of Motor Vehicles and the Department of the California Highway Patrol in developing or approving the course. (b) The department shall train or approve the necessary instructional personnel to conduct the course. For schoolbus and school pupil activity bus training, the department shall provide for and approve the course outline and lesson plans used in the course. For farm labor vehicle training, the department shall approve the course outline and lesson plans used in the course. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40080. Source version: id_d36c7bb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= (a) This article governs the minimum training required for drivers to obtain or renew a certificate described in Section 12517, 12519, or 12804.6 of the Vehicle Code. (b) As used in this article, “department” means the State Department of Education. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40081. Source version: id_fd350253-3180-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= (a) The department shall develop or approve courses for training school pupil activity bus (SPAB), transit bus, schoolbus, and farm labor vehicle drivers that will provide them with the skills and knowledge necessary to prepare them for certification pursuant to Sections 12517, 12519, and 12804.6 of the Vehicle Code. The department shall seek the advice and assistance of the Department of Motor Vehicles and the Department of the California Highway Patrol in developing or approving those courses. (b) The department shall train or approve the necessary instructional personnel to conduct the driver training courses. For all schoolbus and school pupil activity bus (SPAB) driver instructor training, the department shall provide for and approve the course outline and lesson plans used in the course. For transit bus and farm labor vehicle driver training, the department shall approve the course outline and lesson plans used in the course. (c) All courses of study and training activities required by this article shall be approved by the department and given by, or in the presence of, an instructor in possession of a valid school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificate of the appropriate class. (d) As an alternative to subdivisions (a), (b), and (c), instructors who have received a certificate from the Transportation Safety Institute of the United States Department of Transportation indicating that they have completed the Mass Transit Instructor Orientation and Training (Train-the-Trainer) course may approve courses of instruction and train transit bus drivers in order to meet the requirements for certification pursuant to Section 12804.6 of the Vehicle Code. (Amended by Stats. 2011, Ch. 347, Sec. 16. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40082. Source version: id_d36e0259-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= (a) An original applicant for a certificate to drive a schoolbus, as defined by Section 545 of the Vehicle Code, shall have successfully completed a minimum 40-hour course of instruction. The course shall include at least 20 hours of classroom instruction in, but not limited to, all units of the Instructor’s Manual for California’s Bus Driver’s Training Course. All classroom instruction shall be given by, or in the presence of, a state-certified instructor of the appropriate class. The course shall also include at least 20 hours of applicant behind-the-wheel training in all sections of the Instructor’s Behind-the-Wheel Guide for California’s Bus Driver’s Training Course. Applicant behind-the-wheel training shall include driving vehicles comparable to those vehicles that will be driven by the applicant to transport pupils. All behind-the-wheel training shall be given by a state-certified instructor of the appropriate class or the delegated behind-the-wheel trainer as designated pursuant to Section 40084.5. (b) Except as provided in subdivision (c), a driver who is holding a driver certificate or endorsement described in Section 40083, and is seeking a schoolbus certificate of the appropriate class, shall have successfully completed a minimum of five hours of classroom instruction, including, but not limited to, schoolbus laws and regulations, defensive driving, pupil loading and unloading, and the exceptional child. All classroom instruction shall be given by, or in the presence of, a state-certified instructor of the appropriate class. The driver shall also complete at least three hours of behind-the-wheel training in defensive driving practices, lane control, railroad grade crossing procedures, and pupil loading and unloading. (c) A driver may not be certified to drive a schoolbus in the manner set forth in subdivision (b) if that driver was instructed by a person who received his or her certificate in the manner described in subdivision (d) of Section 40081. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40083. Source version: id_d36e025b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= An original applicant for a certificate to drive any bus defined by Section 546 or 642 of the Vehicle Code shall have successfully completed a minimum 35-hour course of instruction. The course shall include at least 15 hours of classroom instruction, including, but not limited to, all units of the Instructor’s Manual for California’s Bus Driver’s Training Course, or other classroom curricula which the department has certified meets or exceeds the standards in its curricula. All classroom instruction shall be given by, or in the presence of, a state-certified instructor of the appropriate class, except that an instructor who has received a certificate as described in subdivision (d) of Section 40081, may provide the training for an original applicant for a certificate to drive a bus defined by Section 642 of the Vehicle Code. The course shall also include at least 20 hours of applicant behind-the-wheel training in all sections of the Instructor’s Behind-the-Wheel Guide for California’s Bus Driver’s Training Course, or at least 20 hours of other behind-the-wheel training or driving experience that the department has certified meets or exceeds the standards of its training course. Applicant behind-the-wheel training shall include driving vehicles comparable to those vehicles that will be used to transport passengers. All behind-the-wheel training for a certificate to drive a bus defined by Section 546 of the Vehicle Code shall be given by a state-certified instructor of the appropriate class or the delegated behind-the-wheel trainer as designated pursuant to Section 40084.5. All behind-the-wheel training for a certificate to drive a bus defined by Section 642 of the Vehicle Code shall be given by a state-certified instructor of the appropriate class or the delegated behind-the-wheel trainer as designated pursuant to Section 40084.5, or the delegated behind-the-wheel trainer as designated by the instructor certified pursuant to subdivision (d) of Section 40081. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40084. Source version: id_d36e025d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= An original applicant for a certificate to drive a farm labor vehicle shall have successfully completed a minimum 20-hour course of instruction. The course shall include at least 10 hours of classroom instruction, including, but not limited to, all units of the Instructor’s Manual for California’s Bus Driver’s Training Course. All classroom instruction shall be given by, or in the presence of, a state-certified instructor of the appropriate class. The course shall also include at least 10 hours of applicant behind-the-wheel training in all sections of the Instructor’s Behind-the-Wheel Guide for California’s Bus Driver’s Training Course. Applicant behind-the-wheel training shall include driving vehicles comparable to those that will be driven by the applicant to transport farm passengers. All behind-the-wheel training shall be given by a state-certified instructor of the appropriate class or the delegated behind-the-wheel trainer as designated pursuant to Section 40084.5. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40084.5. Source version: id_d36e025f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= (a) All behind-the-wheel training required to obtain certificates pursuant to Sections 12517 and 12519 of the Vehicle Code shall be performed by a state-certified instructor or by a delegated behind-the-wheel trainer who has been certified or approved by the department to conduct the required training. (b) A “delegated behind-the-wheel trainer” means a person selected to assist a state-certified instructor in the behind-the-wheel training of drivers. Selected persons shall be trained by state-certified instructors and approved by the department before conducting any behind-the-wheel training. The minimum standards for the selection of a delegated behind-the-wheel trainer are as follows: (1) One year experience as a driver of the appropriate type and size vehicle immediately preceding the date of selection as a delegated behind-the-wheel trainer. (2) Possession of the appropriate license, certificates, and endorsements needed to drive and train in a particular type and size vehicle. (3) A high school diploma or General Education Development (GED) equivalent. (4) A driving record without chargeable accidents within the past three years immediately preceding the date of selection. (5) Successful completion of all training in the latest edition of the Instructor’s Behind-the-Wheel Training Guide for California’s Bus Driver’s Training Course given by, and in the presence of, a state-certified instructor of the appropriate class. (6) Successful completion of a written assessment test on current laws, regulations, and policies given by, and in the presence of, a state-certified instructor of the appropriate class. (7) Successful completion of a driving test and a behind-the-wheel training performance test on all phases of behind-the-wheel and vehicle inspection training. The test shall be given by, and in the presence of, a state-certified instructor of the appropriate class. (c) The state-certified instructor shall train and document the qualifications and competence of each delegated behind-the-wheel trainer to be utilized in training. All training required by this section shall be documented on the State Department of Education Training Certificate T-01, and signed by a state-certified school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor of the appropriate class, and by the delegated behind-the-wheel trainer. The signatures shall certify that the instruction was given to, and received by, the delegated behind-the-wheel trainer and that the delegated behind-the-wheel trainer displayed a level of competency necessary to train drivers to drive authorized vehicles in a safe and competent manner. The completed State Department of Education Training Certificate T-01 shall be submitted to the department in Sacramento, along with all other required documents, when requesting approval of a delegated behind-the-wheel trainer. (d) The department may disapprove the eligibility of a delegated behind-the-wheel trainer for any of the following causes: (1) The state-certified instructor authorizing the competency of the delegated behind-the-wheel trainer has requested disapproval. (2) The employer of the delegated behind-the-wheel trainer has requested disapproval. (3) The delegated behind-the-wheel trainer has voluntarily requested disapproval. (4) The delegated behind-the-wheel trainer failed to comply with Section 40087. (5) The delegated behind-the-wheel trainer failed to comply with Section 40084.5. (6) The delegated behind-the-wheel trainer does not possess a valid driver’s license, appropriate endorsements, or special driver’s certificate of the appropriate class. (7) The delegated behind-the-wheel trainer’s driver’s license or special driver’s certificate has been suspended or revoked. (e) A delegated behind-the-wheel trainer may be limited in behind-the-wheel training as determined by the department. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40085. Source version: id_f208fe78-ca32-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= Applicants seeking to renew a certificate to drive a schoolbus as defined in Section 545 of the Vehicle Code or a school pupil activity bus as defined in Section 546 of the Vehicle Code shall have successfully completed at least 10 hours of original or renewal classroom instruction, or behind-the-wheel or in-service training, during each 12 months of certificate validity. In-service training credit may be given by a state-certified driver instructor of the appropriate class to an applicant for attending or participating in appropriate driver training workshops, driver safety meetings, driver safety conferences, and other activities directly related to passenger safety and driver training. During the last 12 months of the special driver certificate validity, the 10 hours required shall consist of classroom instruction covering, but not limited to, current laws and regulations, defensive driving, accident prevention, emergency procedures, passenger loading and unloading, and the inspection procedures pursuant to paragraph (4) of subdivision (a) of Section 39831.3. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the bus driver certificate. All training required by Section 40089 may be accepted in lieu of the requirements of this section. (Amended by Stats. 2016, Ch. 721, Sec. 5. (SB 1072) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40085.5. Source version: id_d36f8903-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= Applicants seeking to renew a certificate to drive a transit bus as defined in Section 642 of the Vehicle Code shall have successfully completed at least eight hours of original or renewal classroom instruction, or behind-the-wheel or in-service training during each 12 months of certificate validity. In-service training credit may be given by a state-certified driver instructor of the appropriate class, or an instructor certified pursuant to subdivision (d) of Section 40081, to an applicant for attending or participating in appropriate driver training workshops, driver safety meetings, driver safety conferences, and other activities directly related to passenger safety and driver training. During the last 12 months of the validity of the certificate, the eight hours required shall consist of classroom instruction covering, but not limited to, current laws and regulations, defensive driving, accident prevention, emergency procedures, and passenger loading and unloading. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the busdriver certificate. All training required by Section 40089 may be accepted in lieu of the requirements of this section. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40086. Source version: id_d36f8905-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= Applicants seeking to renew a certificate to drive a farm labor vehicle shall have successfully completed two hours of classroom instruction for each 12 months of certificate validity covering, but not limited to, current laws and regulations, accident prevention, and defensive driving. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the farm labor vehicle driver license or certificate. All training required in Section 40089 may be accepted in lieu of the requirements of this section. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40087. Source version: id_d36f8907-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= (a) Except as provided in subdivision (b), driver training required by this chapter shall be properly documented on the State Department of Education Training Certificate T-01, and signed by a state-certified school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor of the appropriate class, and by the driver or applicant. The signatures certify that the instruction was given to, and received by, the applicant or driver, and that the applicant or driver displayed a level of competency necessary to drive the vehicle in a safe and competent manner. The applicant or driver shall present the completed State Department of Education Training Certificate T-01 to the examining state agency when applying for an endorsement or certificate, or, for renewal of an endorsement or certificate. (b) Driver training provided by an instructor certified pursuant to subdivision (d) of Section 40081 shall be documented on a form developed by the Department of Motor Vehicles, with the consultation of the department. The form shall be signed by the instructor and by the applicant or driver. The signatures certify that the instruction was given to, and received by, the applicant or driver, and that the applicant or driver displayed a level of competency necessary to drive the vehicle in a safe and competent manner. The applicant or driver shall present the completed form to the Department of Motor Vehicles when applying for a certificate or for renewal of a certificate. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40088. Source version: id_d36f8909-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= (a) An applicant for a school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificate shall successfully complete the appropriate instructor course given or approved by the department. (b) An applicant for the course shall possess: (1) A valid driver’s license and endorsement valid for driving the vehicles for which the driver instructor rating is sought. (2) A certificate or endorsement valid for driving the vehicles for which the driver instructor rating is sought. (3) Five years of experience as a driver in the appropriate vehicle category, or two years experience of that driving experience and three years equivalent experience driving vehicles that require a class A or B driver’s license. (4) A high school diploma or General Education Development (GED) equivalent. (5) A driving record without chargeable accidents within the past three years preceding the date of application for the instructor certificate. The department may waive any or all of the requirements of this subdivision as it determines is necessary to ensure that there are an adequate number of state-certified instructors in the state. (c) (1) A state-certified schoolbus driver instructor of the appropriate class may instruct all applicants for a schoolbus, school pupil activity bus (SPAB), transit bus, or farm labor vehicle driver’s certificate. (2) A state-certified school pupil activity bus (SPAB) driver instructor of the appropriate class may instruct all applicants for a school pupil activity bus (SPAB), transit bus, or farm labor vehicle driver’s certificate, but not a schoolbus certificate. (3) A state-certified transit bus instructor of the appropriate class may instruct all applicants for a transit bus or farm labor driver’s certificate, but not a school pupil activity bus (SPAB) or a schoolbus certificate. (4) A state-certified farm labor vehicle driver instructor may instruct applicants only for a certificate to drive a farm labor vehicle. (d) A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificate shall be valid until suspended, revoked, or canceled if it is accompanied by a valid driver’s license and a special driver’s certificate or valid driver’s license and endorsement of the appropriate class or is limited to classroom or in-service training only. (e) The department may suspend or revoke a school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificate for any of the following causes: (1) The certificate holder failed to comply with Section 40087. (2) The certificate holder failed to comply with Section 40084.5. (3) The certificate holder has committed an act listed in Section 13369 of the Vehicle Code or Section 13370 of that code. (f) The department shall revoke a schoolbus, school pupil activity bus (SPAB), transit bus, or farm labor vehicle driver instructor certificate if the certificate holder falsified a State Department of Education Training Certificate T-01, T-02, or T-03. (g) The department may cancel the driver instructor certificate for any of the following causes: (1) The certificate holder has voluntarily requested cancellation. (2) The certificate holder has his or her driving privilege suspended or revoked. (3) The certificate holder has failed to meet the provisions required for retention of the driver instructor certificate. This includes failure to meet the instructor training requirements prescribed by Section 40084.5. (4) The certificate holder does not possess a valid driver’s license, endorsement, or special driver’s certificate of the appropriate class. (h) The department shall by regulation adopt an instructor certificate appeals procedure for subdivisions (e), (f), and (g). (i) The Department of Motor Vehicles or the Department of the California Highway Patrol may disallow the driver training documentation provided pursuant to Section 40087 signed by any driver instructor certified pursuant to Section 40081 if either of those departments finds that the instructor’s certificate would have been suspended, revoked, or canceled for any of the reasons designated in subdivision (e), (f), or (g). (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40089. Source version: id_d3710fab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= (a) A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor with no instructional limitations shall conduct at least 20 hours of instruction each 12 months that includes at least 10 hours of behind-the-wheel and 10 hours of classroom training, which need not be given in a single session. A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor limited to either classroom or behind-the-wheel training only shall conduct at least 10 hours of instruction each 12 months that includes at least 10 hours of behind-the-wheel or classroom training depending on the limitation. The training need not be given in a single session. A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor limited to in-service training only shall conduct at least 10 hours of in-service training each 12 months. All school pupil activity bus (SPAB), transit bus, schoolbus, and farm labor vehicle driver instructor training conducted by department staff may be accepted in lieu of the requirements of this subdivision. (b) A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor may be limited to classroom instruction, behind-the-wheel training or in-service training only, and prohibited from recording, documenting, or signing for any training required by this article, as determined by the department. (c) A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor shall be limited to behind-the-wheel instruction in vehicles that the instructor is qualified to drive. (d) All school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor training required by subdivision (a) shall be properly documented on a State Department of Education Training Certificate T-01, and signed by the state-certified instructor at the end of each 12-month training period. The signature certifies that the required instruction was conducted during the 12-month training period. Upon renewal of the instructor driver’s license, endorsement, or certificate, the completed instructor training record, recorded on the State Department of Education Training Certificate T-01, shall be submitted to the department in Sacramento. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40090. Source version: id_244f5d1b-5da4-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= The department may assess fees to any instructor applicant who will be training drivers of any vehicle as defined in Section 322, 545, 546, or 642 of the Vehicle Code. The fees may not be more than necessary to offset the department’s reasonable costs. (Amended by Stats. 2017, Ch. 15, Sec. 21. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 23.5. TRANSPORTATION [39800 - 40090.5] CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] SECTION 40090.5. Source version: id_d3710faf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=23.5.&chapter=3.&article= Employers shall take all action necessary to make available to every transit busdriver required to be trained pursuant to Section 40083 or 40085.5 the opportunity to be trained without the loss of wages or benefits. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 1. Moneys Received by School Districts [41000 - 41003] SECTION 41000. Source version: id_d3729657-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=1. No assessor, tax collector, city, city and county, or county treasurer shall charge or receive any fees or compensation for assessing, collecting, receiving, keeping, or disbursing any school moneys, but the whole moneys collected shall be paid to the city, city and county, or county treasurer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 1. Moneys Received by School Districts [41000 - 41003] SECTION 41001. Source version: id_d3729659-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=1. The governing board of every school district shall pay all moneys received or collected by it from any source and all moneys apportioned to it from taxes levied and collected under the authority of city councils for school purposes, into the county treasury to be placed to the credit of the proper fund of its district. All money collected by the city council or other governing body of any municipality from taxes levied for school purposes when received shall be paid into the county treasury to the credit of the school district for the schools of which the taxes were levied. All deposits and payments required by this section shall be made daily, unless the county superintendent of schools authorizes them to be made weekly or otherwise, but in no event less frequently than monthly. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 1. Moneys Received by School Districts [41000 - 41003] SECTION 41002. Source version: id_d3741cfb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=1. All moneys received by any school district or paid into the county or city and county treasury to the credit of the district from state apportionments, county, district or municipal taxes, other than moneys required to be placed in a separate fund of the school district, shall be deposited in the general fund of the district, which fund shall be in existence in each county and city and county treasury. Nothing in this section shall be construed as discontinuing, nor as affecting the disposition of moneys in any of the separate funds of the school districts legally created or established in law. (Amended by Stats. 1987, Ch. 917, Sec. 13.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 1. Moneys Received by School Districts [41000 - 41003] SECTION 41002.5. Source version: id_d3741cfd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=1. Notwithstanding Sections 41001 and 41002, money received from the sources, or for the purposes listed in subdivisions (a) to (h), inclusive, may be deposited in a bank or other financial institution whose accounts are federally insured. Any money so deposited shall be in an account or accounts fully covered by that insurance: (a) Funds received for the purpose of making loans, scholarships, or grants to students in, or graduates of, a school under the jurisdiction of the governing board of the district. (b) Funds received for the sale of food or other services performed by one or more cafeterias established in the schools of the district. (c) Funds received from the sale of produce, livestock, and other products of one or more school farms established in the district. (d) Clearing accounts established pursuant to Section 41017. (e) Funds of a student body organization. (f) Funds in a revolving cash fund established pursuant to Section 42820. (g) Funds for community recreation programs established pursuant to Chapter 10 (commencing with Section 10900) of Part 7. (h) Funds that, pursuant to any other law or provision of the California School Accounting Manual, may be deposited in a bank or other federally insured financial institution in lieu of the county treasury. (Amended by Stats. 1991, Ch. 68, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 1. Moneys Received by School Districts [41000 - 41003] SECTION 41003. Source version: id_d3741cff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=1. The governing board of a school district may, by resolution, specify the particular fund or funds maintained for the district into which shall be deposited moneys received for the rental or lease of real property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41010. Source version: id_d375a3a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. The accounting system used to record the financial affairs of any school district shall be in accordance with the definitions, instructions, and procedures published in the California School Accounting Manual as approved by the State Board of Education and furnished by the Superintendent of Public Instruction. No accounting manual so approved shall expressly or by implication affect the content of any educational program or objective, except as otherwise specifically provided for by this code. The Legislature hereby finds that such content shall be best determined by those involved in the administration of educational programs, including school district governing boards, local administrators, teachers, students, and parents. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41011. Source version: id_d375a3a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. The accounting system used to record the financial affairs of any school district shall be designed to provide separate recording and clear distinction between expenditures for salaries of classroom teachers employed by the district and expenditures for other purposes of the district. As used in this section “salaries of classroom teachers” means: (a) The salary paid to each teacher employed by the district whose duties require that the full time for which the teacher is employed be devoted to the teaching of pupils of the district. (b) The portion of the salary of each teacher whose duties require that a part, but not all, of the full time for which the teacher is employed be devoted to the teaching of pupils of the district, which is equal to the portion of such full time actually devoted by the teacher to teaching pupils of the district. (c) The salary paid to each instructional aide employed by the district, any portion of whose duties are required to be performed under the supervision of a classroom teacher. As used in this section a “teacher” means an employee of the district employed in a position requiring certification qualifications and whose duties require him to teach pupils of the district for at least one full instructional period each schoolday for which the employee is employed. In the case of a teacher employed to teach in an elementary school, an instructional period is a period of not less than 20 minutes. In the case of a teacher employed to teach in a secondary school, an instructional period is the number of minutes equal to the number of minutes of the regular academic period in the junior high school, or high school, in which the teacher is employed to teach. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41011.1. Source version: id_cc839728-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) The accounting system used to record the financial affairs of any local educational agency shall be designed to provide a separate accounting of expenditures related to actual payments of legal settlements, judgments, or special assessments by a joint pooling arrangement, as a result of claims pursuant to Chapter 861 of the Statutes of 2019 (Assembly Bill 218 of the 2019–20 Regular Session) and Chapter 655 of the Statutes of 2023 (Assembly Bill 452 of the 2023–24 Regular Session). (b) The accounting system used to record financial affairs of any local educational agency shall be designed to provide a separate accounting of expenditures related to actual payments of legal settlements, judgments, or special assessments by a joint pooling arrangement, as a result of civil claims that are not captured pursuant to subdivision (a). (c) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or joint powers authority established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code consisting of a combination of school districts, county offices of education, or charter schools. (Added by Stats. 2025, Ch. 8, Sec. 16. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41012. Source version: id_d375a3a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. For purposes of determining allowances pursuant to Chapter 8 (commencing with Section 52200) of Part 28, and Chapter 3 (commencing with Section 56500) and Chapter 4 (commencing with Section 56600) of Part 30, the Superintendent of Public Instruction shall require the use of a uniform cost accounting procedure, as set forth in the California School Accounting Manual. (Amended by Stats. 1998, Ch. 89, Sec. 8. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41013. Source version: id_d375a3a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. For the purpose of achieving clarity and uniformity in the budgeting and reporting of school district expenditures by funds, whenever certain expenditures for the children’s center program, the development center for handicapped minors program, or any similar program, except the food service program, for which a special fund is required by law, are: (1) authorized by law and by action of the governing board to be paid from the general fund of the school district, or (2) required by law to be paid from the general fund of the school district, the amount estimated or actually required to meet these expenditures shall be transferred or paid from the general fund to the children’s center fund, the development center for handicapped minors fund, or other special fund as appropriate. Any amount transferred or paid in excess of the amount actually required shall be refunded to the general fund. The Superintendent of Public Instruction is hereby authorized to adopt rules and regulations governing the method of accounting for said payments and transfers. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41014. Source version: id_d375a3ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. Excepting only as provided in Article 1 (commencing with Section 41000) and this article, all constitutional and statutory limitations on the purposes for which moneys derived from particular specified sources may be expended, and all statutory provisions relative to the establishment of specified school district funds, shall be administered by county superintendents of schools, or in the discretion of county auditors, by county superintendents of schools and county auditors by means of budgetary accounting and not by the establishment and maintenance in the county or city and county treasury of special school district funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41015. Source version: id_d375a3ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. The governing board of any school district or any county office of education which has funds in a special reserve fund of the district or county office of education or any surplus moneys not required for the immediate necessities of the district or county office of education, is hereby authorized to invest all or any part of the funds in any of the investments specified in Section 16430 or 53601 of the Government Code. (Amended by Stats. 1987, Ch. 198, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41016. Source version: id_d3772a4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. The governing board of a school district which has made an investment pursuant to the authority of Section 41015 may deposit such security for safekeeping with a state or national bank or trust company located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within the state, or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System. The governing board shall take from such bank a receipt for the security so deposited. The county treasurer with whom such funds if uninvested would be deposited shall not be responsible for securities delivered to and receipted for by a bank under the authority of this section until they are withdrawn from the bank by said treasurer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41017. Source version: id_d3772a51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. The governing board of any school district or any county office of education may authorize any school district governed by it, or any school under its jurisdiction to deposit in one or more bank accounts as clearing accounts any miscellaneous receipts, including receipts from the sale of property or materials pursuant to Section 39526 or 39527, received or collected by the school district or county office of education, and may provide for the withdrawals from those accounts. All moneys in those bank accounts shall be paid into the county treasury within the time periods specified pursuant to Section 41001. Cashiers’ checks, certified checks, and money placed in the custody of the school district or county office of education as security that a bidder will execute or faithfully perform a contract, if awarded to him or her, may be deposited in those bank accounts but shall not be paid into the county treasury to the credit of the school district or county office of education unless forfeited or unless unclaimed by the bidder for a period of 12 months. Such bank accounts shall not be subject to the deposit of funds provisions of Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, except to the extent provided by Section 53679 of the Government Code. (Amended by Stats. 1987, Ch. 198, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41018. Source version: id_d3772a53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. The governing board of any school district or any county office of education having an average daily attendance of 100,000 or more may deposit in one or more bank accounts moneys received from the temporary rental of property acquired by a school district or county office of education pending construction of school facilities on the property. The moneys may be held in the accounts for a period of not to exceed three years and may be used to pay any proper costs incurred as a result of the temporary rental, provided that when the moneys are not being used to pay the costs they may be invested, along with all other moneys deposited in clearing accounts, pursuant to Section 41015 as determined by the governing board of the school district or the county office of education. The moneys invested pursuant to this section shall be invested with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of like character and with like aims. (Amended by Stats. 1987, Ch. 198, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41019. Source version: id_d378b0f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. The governing board of any school district which maintains clearing accounts, cafeteria accounts, and other accounts in a bank or banks, pursuant to Section 41017 or 39892, or pursuant to any other provisions of law, may contract and pay for the expenses of transporting money to and from such bank or banks. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41020. Source version: id_bb165930-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) It is the intent of the Legislature to encourage sound fiscal management practices among local educational agencies for the most efficient and effective use of public funds for the education of children in California by strengthening fiscal accountability at the school district, county, and state levels. (b) A local educational agency shall post the local educational agency’s annual financial and compliance audits on its internet website. (c) (1) (A) On or before May 1 of each fiscal year, the governing board of each school district or educational joint powers authority shall either provide for an audit of all funds under the control of that school district or educational joint powers authority, including an audit of income and expenditures by source of funds, or shall make arrangements with the county superintendent of schools having jurisdiction over the school district or educational joint powers authority to provide for that auditing. (B) A contract to perform the audit of a school district or educational joint powers authority that has a disapproved budget or has received a negative certification on any budget or interim financial report during the current fiscal year or either of the two preceding fiscal years, or for which the county superintendent of schools has otherwise determined that a lack of going concern exists, is not valid unless approved by the responsible county superintendent of schools and the governing board of the school district or educational joint powers authority. (2) (A) On or before May 1 of each fiscal year, the governing body of each charter school shall either provide for an audit of all funds under the control of the charter school, including an audit of income and expenditures by source of funds, or shall make arrangements with the chartering authority to provide for that auditing. Except as provided in clause (ii) of subparagraph (B), an independent audit shall be separately conducted and reported for each charter school. (B) (i) All charter schools shall be audited and subject to the applicable provisions of this section. (ii) Notwithstanding subparagraph (A), financial data for charter schools that are included in the school district or county office of education audit shall be presented separately in one of the following manners: (I) As a major fund, when applicable. (II) As a supplementary balance sheet and statement of revenues, expenditures, and changes in fund balance. (III) As supplementary combining statements for charter schools that are accounted for in the general fund or when multiple charter schools are included in the charter school fund. (3) On or before May 1 of each fiscal year, each county superintendent of schools shall either provide for an audit of all funds under their jurisdiction and control, including an audit of income and expenditures by source of funds, or shall make arrangements with the Controller to provide for that auditing. (d) If the governing board of a school district or educational joint powers authority, the governing body of a charter school, or a county superintendent of schools, pursuant to paragraphs (1) to (3), inclusive, of subdivision (c), has not provided for an audit of the books and accounts of the local educational agency by May 1, one of the following shall apply, as applicable, and in sufficient time to ensure compliance with the deadline established in subdivision (k): (1) For a school district or an educational joint powers authority, the county superintendent of schools having jurisdiction over the school district or educational joint powers authority shall provide for the audit. (2) For a charter school, the chartering authority having jurisdiction over the charter school shall provide for the audit. (3) For a county superintendent of schools, the Controller shall provide for the audit. (e) An audit conducted pursuant to this section shall comply fully with the generally accepted government auditing standards promulgated by the United States Government Accountability Office. (f) Each audit conducted in accordance with this section shall include all of the following: (1) All funds, books, and accounts of the local educational agency, including the student body and cafeteria funds and accounts and any other funds under the control or jurisdiction of the local educational agency. (2) An audit of pupil attendance procedures and other applicable compliance items as detailed in the audit guide adopted pursuant to Section 14502.1. (3) A determination of whether funds were expended pursuant to a local control and accountability plan or an approved annual update to a local control and accountability plan pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4 or, for a charter school, Section 47606.5. (g) All audit reports for each fiscal year shall be developed and reported using a format established by the Controller after consultation with the Superintendent and the Director of Finance. (h) (1) The cost of an audit provided for by a county superintendent of schools for a school district or educational joint powers authority shall be paid from the county school service fund and the county superintendent of schools shall transfer the pro rata share of the cost chargeable to each school district or educational joint powers authority from school district or educational joint powers authority funds. (2) The cost of an audit provided for by a chartering authority for a charter school shall be paid by the chartering authority and the chartering authority shall collect the pro rata share of the cost chargeable to each charter school from charter school funds. (3) The cost of an audit provided for by the Controller for a county superintendent of schools shall be paid by the Controller and the Controller shall collect the pro rata share of the cost chargeable to each county superintendent of schools from the respective county school service fund. (4) The cost of an audit provided for by a governing board or body of a local educational agency shall be paid from local educational agency funds. The audit of the funds under the jurisdiction and control of a county superintendent of schools shall be paid from the county school service fund. (i) (1) The audits shall be made by a certified public accountant or a public accountant, licensed by the California Board of Accountancy, and selected by the local educational agency, as applicable, from a directory of certified public accountants and public accountants deemed by the Controller as qualified to conduct audits of local educational agencies, which shall be published by the Controller on or before December 31 of each year. (2) Commencing with the 2003–04 fiscal year and except as provided in subdivision (d) of Section 41320.1, it is unlawful for a public accounting firm to provide audit services to a local educational agency if the lead audit partner, or coordinating audit partner, having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that local educational agency in each of the six previous fiscal years. The Education Audit Appeals Panel may waive this requirement if the panel finds that no otherwise eligible auditor is available to perform the audit. (3) It is the intent of the Legislature that, notwithstanding paragraph (2), the rotation within public accounting firms conform to provisions of the federal Sarbanes-Oxley Act of 2002 (15 U.S.C. Sec. 7201 et seq.), and upon release of the report required by the act of the Comptroller General of the United States addressing the mandatory rotation of registered public accounting firms, the Legislature intends to reconsider paragraph (2). In determining which certified public accountants and public accountants shall be included in the directory, the Controller shall use the following criteria: (A) The certified public accountants or public accountants shall be in good standing as certified by the Board of Accountancy. (B) The certified public accountants or public accountants, as a result of a quality control review conducted by the Controller pursuant to Section 14504.2, shall not have been found to have conducted an audit in a manner constituting noncompliance with Section 14503. (4) (A) (i) Commencing with the 2027–28 fiscal year, and every two years thereafter, in order to be added to, or remain on, the Controller’s directory of certified public accountants and public accountants deemed qualified to conduct audits of local educational agencies, audit engagement partners and certified public accountants or public accountants responsible for local educational agency audits and audit staff who perform audit procedures of local educational agencies shall complete 16 hours of continuing education that, at a minimum, covers both of the following: (I) Training on the specific requirements included in the most current Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting. (II) Training on compliance topics that include, but are not limited to, pupil attendance, independent study, charter schools, school calendars, instructional minutes, and, if applicable, nonclassroom-based instruction. (ii) Continuing education hours taken as part of the California Board of Accountancy license renewal requirements may be used to meet the requirements of clause (i) if the continuing education is specific to local educational agencies and includes the training content described in subclauses (I) and (II) of clause (i). (B) Commencing with the 2027–28 fiscal year, in order to be added to, or remain on, the Controller’s directory of certified public accountants and public accountants deemed qualified to conduct audits of local educational agencies, audit engagement partners, certified public accountant firms, and certified public accountants or public accountants responsible for local educational agency audits shall comply with both of the following: (i) (I) Have demonstrated experience of two or more years conducting financial and compliance audits for local educational agencies. (II) Notwithstanding subclause (I), audit engagement partners, certified public accountant firms, and certified public accountants or public accountants may perform a financial and compliance audit for a local educational agency during their first two years of conducting those audits, provided the audit report receives a preissuance review, consistent with applicable professional standards on quality control, performed by an auditor that has demonstrated experience in conducting financial and compliance audits for local educational agencies. (ii) Have maintained compliance with the California Board of Accountancy requirements to keep applicable licenses in active status and good standing. (C) The continuing education hours and prior experience required pursuant to this paragraph shall be evidenced by a certification to the Controller from the certified public accountant firm, the certified public accountant or public accountant, or the audit staff that the requirements have been met. (5) The requirements of this subdivision shall apply to audits of local educational agencies regardless of whether the local educational agency is a governmental agency or a nonprofit organization. (6) (A) A local educational agency and an auditor that is under contract with the local educational agency shall notify the chartering authority or the county superintendent of schools, as applicable, the Superintendent, and the Controller in the event that the auditor’s contract with the local educational agency is terminated or otherwise denied for renewal. The notification shall include the reason for the termination or denial for renewal and shall be made within 30 calendar days of the effective date of that termination or nonrenewal. (B) (i) Before accepting a new engagement for a local educational agency, auditors shall request the local educational agency to provide authorization for predecessor auditors to respond fully and without limitation to the successor auditor’s inquiries and request to examine work papers related to subparagraph (C). (ii) If the local educational agency refuses to authorize predecessor auditors to respond, or limits the response, the auditor shall inquire about the reasons and consider the implications of that refusal or limitation in deciding whether to accept the engagement. (iii) If the local educational agency provides permission for predecessor auditors to respond fully, the successor auditor shall make the following inquiries of the predecessor auditors: (I) Their knowledge of information that might bear on the integrity of management of the local educational agency. (II) Whether there were any disagreements with management of the local educational agency regarding matters of accounting principles, financial reporting, compliance, or audit scope. (III) Whether there were any communications to management of the local educational agency regarding fraud, illegal acts, noncompliance, or internal control matters. (IV) The predecessor auditor’s understanding of the reason for the change of auditors. (V) Any information relevant to the successor auditor’s risk assessments for the period being audited. (C) The successor auditor may request to inspect work papers as needed to gain full context of any risks identified through inquiry or to perform necessary procedures on beginning balances. (j) (1) The auditor’s report shall include each of the following: (A) A statement that the audit was conducted pursuant to standards and procedures developed in accordance with Chapter 3 (commencing with Section 14500) of Part 9 of Division 1 of Title 1. (B) A summary of audit exceptions and management improvement recommendations. (C) An evaluation by the auditor on whether there is substantial doubt about the ability of the local educational agency to continue as a going concern for a reasonable period of time. (2) To the extent possible, a description of correction or plan of correction shall be incorporated in the audit report, describing the specific actions that are planned to be taken, or that have been taken, to correct the problem identified by the auditor. The descriptions of specific actions to be taken or that have been taken shall not solely consist of general comments such as “will implement,” “accepted the recommendation,” or “will discuss at a later date.” (k) (1) On or before January 31 of each year, a report of each local educational agency audit for the preceding fiscal year shall be filed with specified entities, as follows: (A) For school districts and educational joint powers authorities, with the county superintendent of schools of the county in which the local educational agency is located, the Superintendent, and the Controller. (B) For charter schools, with its chartering authority, the Superintendent, the Controller, and the county superintendent of schools of the county in which the charter school is located, unless the county board of education of the county in which the charter school is located is the chartering authority. (C) For county superintendents of schools, with the Superintendent and the Controller. (2) The Superintendent shall make any adjustments necessary in future apportionments of all state funds to correct any audit exceptions revealed by those audit reports pursuant to Section 41344. (l) (1) Pursuant to this section and subdivision (e) of Section 41320.1, upon submission of the final audit report to the governing board of each school district or educational joint powers authority and subsequent receipt of the audit by the county superintendent of schools having jurisdiction over the school district or educational joint powers authority, the county superintendent of schools shall do all of the following: (A) Review audit exceptions related to attendance, inventory of equipment, internal control, teacher misassignments pursuant to Section 44258.9, instructional materials and information reported on the school accountability report card pursuant to Section 33126, and other miscellaneous exceptions. Attendance exceptions or issues shall include, but not be limited to, those related to local control funding formula allocations pursuant to Section 42238.02, as implemented by Section 42238.03, and independent study. (B) If a description of the correction or plan of correction has not been provided as part of the audit required by this section, the county superintendent of schools shall notify the school district or educational joint powers authority and request the governing board of the school district or educational joint powers authority to provide to the county superintendent of schools a description of the corrections or plan of correction on or before April 15. (C) Review the description of correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, the county superintendent of schools shall require the school district or educational joint powers authority to resubmit that portion of its response that is inadequate. (2) Each county superintendent of schools shall certify to the Superintendent and the Controller, on or before June 15 of each year, that the county superintendent of schools’ staff has reviewed all audits of school districts or educational joint powers authorities under the county superintendent of schools’ jurisdiction for the prior fiscal year, that all exceptions that the county superintendent of schools was required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the school district or educational joint powers authority or that an acceptable plan of correction has been submitted to the county superintendent of schools. In addition, the county superintendent of schools shall identify, by school district or educational joint powers authority any attendance-related audit exception or exceptions involving state funds, and require the school district or educational joint powers authority to which the audit exceptions were directed to submit appropriate reporting forms for processing by the Superintendent. (3) In the audit of a school district or educational joint powers authority for a subsequent year, the auditor shall review the correction or plan or plans of correction submitted by the school district or educational joint powers authority to determine if the exceptions have been resolved. If an exception has not been resolved, the auditor shall restate the exception in the audit report. After receiving a finding in an audit report, the Superintendent shall either consult with the school district or educational joint powers authority to resolve the exception or require the county superintendent of schools to follow up with the school district or educational joint powers authority. (m) (1) (A) Each chartering authority shall be responsible for reviewing the audit exceptions contained in an audit of a charter school under its jurisdiction and determining whether the exceptions have been either corrected or an acceptable plan of correction has been developed. (B) If a description of the corrections or plan of correction has not been provided as part of the audit required by this section, the chartering authority shall notify the charter school and request the governing body of the charter school to provide to the chartering authority a description of the correction or plan of correction on or before April 15. (C) The chartering authority shall review the description of the correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, the chartering authority shall require the charter school to resubmit that portion of its response that is inadequate. (2) (A) Except as provided in subparagraph (B), each chartering authority shall certify to the county superintendent of schools of the county in which the charter school is located, on or before May 15 of each year, that the chartering authority has done all of the following for the prior fiscal year: (i) Reviewed all audits of charter schools under its jurisdiction. (ii) Reviewed all exceptions that the charter school was required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the charter school or that an acceptable plan of correction has been submitted to the chartering authority. (iii) Ensured that the charter schools they authorize have corrected or developed a plan of correction for exceptions identified in the audit report. (iv) Identified any attendance-related audit exception or exceptions involving state funds and required the charter school to submit appropriate reporting forms for processing by the Superintendent. (B) If the county board of education of the county in which the charter school is located is the chartering authority, the county board of education shall instead certify to the Superintendent, on or before June 15 each year, that the county superintendent of schools has done all of the following for the prior fiscal year: (i) Reviewed all audits of charter schools under its jurisdiction. (ii) Reviewed all exceptions that the charter school was required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the charter school or that an acceptable plan of correction has been submitted to the chartering authority. (iii) Ensured that the charter school they authorize have corrected or developed a plan of correction for exceptions identified in the audit report. (iv) Identified any attendance-related audit exception or exceptions involving state funds and required the charter school to submit appropriate reporting forms for processing by the Superintendent. (3) (A) In the audit of a charter school for a subsequent year, the auditor shall review the correction or plan or plans of correction submitted by the charter school to determine if the exceptions have been resolved. (B) (i) Except as provided in subparagraph (C), if the exceptions identified in subparagraph (A) have not been corrected, the auditor shall restate the exception in the audit report. (ii) After receiving a finding in an audit report pursuant to paragraph (1) of subdivision (k), the county superintendent of schools shall either consult with the charter school to resolve the exception or require the chartering authority to follow up with the charter school. (C) (i) Notwithstanding subparagraph (B), if the exceptions identified in subparagraph (A) have not been corrected and the county board of education of the county in which the charter school is located is the chartering authority, the auditor shall restate the exception in the audit report. (ii) After receiving an audit report pursuant to paragraph (1) of subdivision (k), the Superintendent shall consult with the charter school to resolve the exception or shall require the county board of education as the chartering authority to follow up with the charter school. (4) (A) In the audit of a county superintendent of schools for a subsequent year, the auditor shall review the correction or plan or plans of correction submitted by the county superintendent of schools to determine if the exceptions have been resolved. (B) If the exceptions identified in subparagraph (A) have not been resolved, the auditor shall restate the exception in the audit report. (n) (1) The Superintendent shall review the audit exceptions contained in an audit of a county superintendent of schools and shall determine whether the exceptions have been corrected or an acceptable plan of correction has been developed. (2) After receiving a final audit report of a county superintendent of schools or the county board of education, the Superintendent shall do all of the following: (A) Review audit exceptions, including attendance exceptions or issues, that shall include, but not be limited to, those related to local control funding formula allocations pursuant to Chapter 12.5 (commencing with Section 2574) of Part 2 of Division 1 of Title 1 and those related to independent study. (B) Notify the county superintendent of schools and request the county superintendent of schools to provide to the Superintendent a description of the corrections or plan of correction within 60 days, but not later than June 15, after the Superintendent has been notified that a description of the correction or plan of correction has not been provided as part of the audit required by this section. (C) Review the description of correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, require the county superintendent of schools to resubmit that portion of its response that is inadequate. (o) (1) The Superintendent is responsible for ensuring that local educational agencies have either corrected or developed plans of correction for any one or more of the following: (A) All federal and state compliance audit exceptions identified in the audit. (B) Exceptions that the county superintendent of schools certifies as of June 15 have not been corrected. (C) Repeat audit exceptions that are not assigned to a county superintendent of schools to correct. (2) In addition, the Superintendent is responsible for ensuring that county superintendents of schools and each county board of education that serves as the governing board or body of a local educational agency either correct all audit exceptions identified in the audits of county superintendents of schools and of the local educational agencies for which the county boards of education serve as the governing boards or develop acceptable plans of correction for those exceptions. (3) The Superintendent shall report annually, on or before November 1, to the Controller on the Superintendent’s actions to ensure that school districts, county superintendents of schools, and each county board of education that serves as the governing board of a school district have either corrected or developed plans of correction for any of the exceptions noted pursuant to paragraph (1). (p) To facilitate correction of the exceptions identified by the audits issued pursuant to this section, the Controller shall require auditors to categorize audit exceptions in each audit report in a manner that will make it clear to chartering authorities, the county superintendent of schools, and the Superintendent which exceptions they are responsible for ensuring the correction of by a local educational agency. In addition, the Controller annually shall select a sampling of chartering authorities and county superintendents of schools, perform a followup of the audit resolution process of those chartering authorities and county superintendents of schools, and report the results of that followup to the Superintendent, the chartering authorities, and the county superintendents of schools that were reviewed. (q) County superintendents of schools shall adjust subsequent local property tax requirements to correct audit exceptions relating to local educational agency tax rates and tax revenues. (r) If a governing board or body of a local educational agency, chartering authority, or county superintendent of schools fails or is unable to make satisfactory arrangements for the audit pursuant to this section, the Controller shall make arrangements for the audit and the cost of the audit shall be paid from local educational agency funds or the county school service fund, as the case may be. (s) Audits of regional occupational centers and programs are subject to this section. (t) This section does not authorize examination of, or reports on, the curriculum used or provided for in any local educational agency. (u) Notwithstanding any other law, a nonauditing, management, or other consulting service to be provided to a local educational agency by a certified public accounting firm while the certified public accounting firm is performing an audit of the agency pursuant to this section shall be in accordance with the generally accepted government auditing standards promulgated by the United States Government Accountability Office. (v) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county superintendent of schools, or charter school. (Amended by Stats. 2026, Ch. 65, Sec. 39. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41020.1. Source version: id_d378b0f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. Reports of audits previously filed with the county clerk pursuant to Section 41020 shall be disposed of by the county clerk or returned to the respective superintendent of schools. (Added by Stats. 1985, Ch. 1239, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41020.2. Source version: id_c0dc5092-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) (1) If the governing board of a school district or educational joint powers authority has entered into a contract for an independent audit of its financial statements in accordance with Section 41020 and the audited financial statements have not been filed with the county superintendent of schools on or before the due date established under Section 41020, the county superintendent of schools shall investigate the causes for the delay and initiate one of the actions described in subdivision (c) that will provide the required audited financial statements in the most effective manner. (2) If the governing body of a charter school has entered into a contract for an independent audit of its financial statements in accordance with Section 41020 and the audited financial statements have not been filed with the chartering authority on or before the due date established under Section 41020, the chartering authority shall investigate the causes for the delay and initiate one of the actions described in subdivision (c) that will provide the required audited financial statements in the most effective manner. (3) If the county superintendent of schools has entered into a contract for an independent audit of its financial statements in accordance with Section 41020 and the audited financial statements have not been filed with the Superintendent and the Controller on or before the due date established under Section 41020, the Superintendent shall investigate the causes for the delay and initiate one of the actions described in subdivision (c) that will provide the required audited financial statements in the most effective manner. (b) (1) (A) The county superintendent of schools may, after consultation with the governing board of the school district or educational joint powers authority and the auditors under contract to the school district or educational joint powers authority, and with the consent of the Controller’s office and the Superintendent, grant an appropriate extension for the completion of the audit and the filing of the audited financial statements. An extension does not waive the deadline established under Section 41020, but permits the filing of the report after the deadline. (B) (i) The chartering authority may, after consultation with the governing body of the charter school and the auditors under contract to the charter school, and with the consent of the county superintendent of schools, the Controller’s office, and the Superintendent, grant an appropriate extension for the completion of the audit and the filing of the audited financial statements. An extension does not waive the deadline established under Section 41020, but permits the filing of the report after the deadline. (ii) If a charter school has an approved audit extension pursuant to this subparagraph, a failure to file an audit on or before the legal deadline shall not be a cause for or contributing justification for charter nonrenewal or revocation. Failure to file an audit with the chartering authority on or before the legal deadline due to the inability of a charter school to contract for an audit due to market conditions of available auditors shall not be a cause for or contributing justification for charter nonrenewal or revocation. (C) The Controller may, after consultation with the county superintendent of schools and the auditors under contract to the county superintendent of schools for the county office of education or for a charter school where the county board of education of the county in which the charter school is located is the chartering authority, and with the consent of the Superintendent, grant an appropriate extension for the completion of the audit and the filing of the audited financial statements. An extension does not waive the deadline established under Section 41020, but permits the filing of the report after the deadline. (2) An extension granted pursuant to this subdivision shall be appropriate if the extension adheres to all of the following requirements: (A) The local educational agency and the auditor have certified that the audit cannot be completed on time due to unforeseen circumstances or complex situations. (B) An extension shall be the shortest amount of time reasonable given the extenuating circumstances justifying the extension. (C) Extensions shall be in increments of no longer than 30 calendar days. (D) Extensions shall not be granted past March 31 following the deadline established under Section 41020. (3) (A) As applicable pursuant to subdivision (a), the county superintendent of schools or the chartering authority may, after consultation with the governing board or body of a school district, educational joint powers authority, or charter school, the auditors under contract to the school district, educational joint powers authority, or charter school, and the Controller’s office, contract with another qualified certified public accountant or public accountant to obtain the required audited financial statements and charge the cost of the audit to the funds of the school district, educational joint powers authority, or charter school. The county superintendent of schools or the chartering authority, or the Controller shall, to the extent feasible, assist the school district, educational joint powers authority, or charter school in initiating action to avoid payment to the auditors under contract who did not complete the original audit. (B) As applicable pursuant to subdivision (a), the Controller may, after consultation with the county superintendent of schools, the auditors under contract to the county superintendent of schools, and the Superintendent, contract with another qualified certified public accountant or public accountant to obtain the required audited financial statements and charge the cost of the audit to the funds of the county superintendent of schools. The Controller shall, to the extent feasible, assist the county superintendent of schools in initiating action to avoid payment to the auditors under contract who did not complete the original audit. (4) As applicable pursuant to subdivision (a), the county superintendent of schools, the chartering authority, or the Superintendent may request the Controller’s office to investigate the situation and initiate action as provided in subdivision (c). (c) (1) If the audited financial statements required by Section 41020 have not been filed by a local educational agency with the Controller’s office on or before the due date established under Section 41020, the Controller’s office shall determine the most advantageous method of obtaining the required audited financial statements. The Controller’s office may, after consultation with the governing board or body of the local educational agency and the auditor under contract with the local educational agency, do any of the following: (A) Accept the action of the county superintendent of schools, the chartering authority, or the Superintendent permitted by subdivision (b). (B) Conduct the audit and prepare the auditor’s report, using the staff available within that office and charge the cost of the audit to the next regular apportionment from the State School Fund to the local educational agency. (C) Contract with any qualified certified public accountant or public accountant, using the appropriate contracting procedures, for the conduct of the audit and preparation of the audited financial statements and charge the cost of the audit to the next regular apportionment from the State School Fund to the local educational agency. (D) Consistent with the limits described in paragraph (2) of subdivision (b), grant a reasonable extension of the time for filing the report if, in the judgment of the Controller’s office, this will provide the required audited financial statements within the shortest time period. The extension of the time for filing does not waive the deadline established under Section 41020, but permits the filing of the report after the deadline. (2) The Controller’s office shall consult with the governing board or body of the local educational agency, the auditors under contract to the local educational agency, and the county superintendent of schools or the chartering authority, as applicable, before making the determination of the method to be used in obtaining the audited financial statements. The Controller’s office shall, to the extent feasible, assist the local educational agency in initiating action to avoid payment to the auditors under contract who did not complete the original audit. (d) Notwithstanding any extension granted under subdivision (b) or subparagraph (D) of paragraph (1) of subdivision (c), the Controller’s office may determine at any time after the due date for filing of audit reports established by Section 41020 that the audited financial statements not yet filed with that office are delinquent and that the audit will be performed under subparagraph (B) or (C) of paragraph (1) of subdivision (c). (e) If an extension has not been requested or granted and the audited financial statements required by Section 41020 have not been filed by a local educational agency with the Controller’s office on or before the due date established under Section 41020, the local educational agency and the auditors under contract with the local educational agency shall notify the chartering authority, the county superintendent of schools, the Superintendent, and the Controller that the audit filing is delayed, the reasons for the delay, and the estimated filing date. The notification shall be made no later than 15 calendar days from the due date established under Section 41020. (f) Notwithstanding Section 10231.5 of the Government Code, the Controller shall notify the appropriate policy committees of the Legislature, consistent with Section 9795 of the Government Code, and the Department of Finance if local educational agencies are unable to contract for an audit due to market conditions of available auditors. (g) Notwithstanding Section 10231.5 of the Government Code, on or before September 30, 2028, and every three years thereafter, the Controller shall, in consultation with the entities listed in Section 14502.1, provide recommendations to the appropriate committees of the Legislature, consistent with Section 9795 of the Government Code, regarding outdated or ineffective audit requirements in statute. (h) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county superintendent of schools, or charter school. (Amended by Stats. 2026, Ch. 65, Sec. 40. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41020.3. Source version: id_c6a33254-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) Within 45 days after the issuance of an audit report, the governing board or body of each local educational agency shall review, at a public meeting, the annual audit of the local educational agency for the prior year, any audit exceptions identified in that audit, the recommendations or findings of any management letter issued by the auditor, and any description of correction or plans to correct any exceptions or management letter issue. (b) The review in subdivision (a) shall be placed on the agenda of the meeting pursuant to Section 35145 or 47604.1, as applicable. The action of the governing board or body of the local educational agency shall be to accept or reject the annual audit report. (c) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county superintendent of schools, or charter school. (Amended by Stats. 2026, Ch. 65, Sec. 41. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41020.5. Source version: id_cc5ea266-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) (1) If the Controller determines by two consecutive quality control reviews pursuant to Section 14504.2, or if the Superintendent, a chartering authority, or a county superintendent of schools determines, that audits performed by a certified public accountant or public accountant under Section 41020 were not performed in substantial conformity with provisions of the audit guide, or that the audit reports, including amended reports, submitted by February 15 following the close of the fiscal year audited, for two consecutive years do not conform to provisions of the audit guide as required by Section 14504, the Controller, the Superintendent, the chartering authority, or the county superintendent of schools, as appropriate, shall notify in writing the certified public accountant or public accountant and the California Board of Accountancy. (2) If the certified public accountant or public accountant does not file an appeal in writing with the California Board of Accountancy within 30 calendar days after receipt of the notification from the Controller, the Superintendent, the chartering authority, or the county superintendent of schools, the determination of the Controller, the Superintendent, the chartering authority, or the county superintendent of schools pursuant to this section shall be final. (b) If an appeal is filed with the California Board of Accountancy, the board shall complete an investigation of the appeal within 90 days of the filing date. On the basis of the investigation, the board may do either of the following: (1) Find that the determination of the Controller, the Superintendent, the chartering authority, or the county superintendent of schools should not be upheld and has no effect. (2) Schedule the appeal for a hearing, in which case, the final action on the appeal shall be completed by the board within one year from the date of filing the appeal. (c) If the determination of the Controller, the Superintendent, the chartering authority, or the county superintendent of schools under subdivision (a) becomes final, the certified public accountant or public accountant shall be ineligible to conduct audits under Section 41020 for a period of three years, or, in the event of an appeal, for any period, and subject to the conditions, that may be ordered by the California Board of Accountancy. Not later than the first day of March of each year, the Controller shall notify each school district, educational joint powers authority, charter school, and county office of education of those certified public accountants or public accountants determined to be ineligible under this section. School districts, educational joint powers authorities, charter schools and county offices of education shall not use the audit services of a certified public accountant or public accountant ineligible under this section. (d) For purposes of this section, “certified public accountant or public accountant” includes any person or firm entering into a contract to conduct an audit under Section 41020. (e) This section does not preclude the California Board of Accountancy from taking any disciplinary action it deems appropriate under other laws. (Amended by Stats. 2026, Ch. 65, Sec. 42. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41020.6. Source version: id_39900b9a-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include instructions necessary to require, as part of supplementary information, or other information as deemed applicable under generally accepted auditing standards, schedules of all of the following for local educational agencies, as applicable: (1) Pupil enrollment and attendance, including total pupil enrollment and attendance for each school month, and, if the local educational agency operates a multitrack year-round calendar, by track, and perform an analytical procedure and identify and disclose unusual increases or decreases in enrollment by month and track, if applicable, that are material and provide an opportunity for the local educational agency to provide an explanation in the note. (2) The largest 25 aggregate payments or transfers of assets to individuals or organizations determined by value accumulated over the fiscal year. (3) For school districts and county offices of education, pupil-to-teacher ratios for independent study programs. (4) Loans with related entities or employees. (5) For charter schools, governing body members and related entities. (6) The five highest-paid employees. (b) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include, but is not necessarily limited to, instructions necessary to require, at a minimum, that all of the following compliance procedures are performed in an audit of a local educational agency, except as otherwise limited: (1) Compliance: compliance with professional accounting and auditing standards with an emphasis in the audit guide that annual audits of local educational agencies issued in compliance with the standards and requirements of the Governmental Accounting Standards Board (GASB) or Financial Accounting Standards Board (FASB), as applicable, shall be conducted in accordance with generally accepted auditing standards (GAAS) and generally accepted government auditing standards. (2) (A) Sample selection: where representative samples of pupils, pupil work product, financial transactions, or other sampling are required to be performed and selected, the auditor shall independently identify the sample and make that selection in a manner that cannot be predicted, in accordance with professional standards. (B) Auditor transaction sampling shall include a sample size appropriate for the type of local educational agency pursuant to the test of compliance sample table in the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting. (C) Sampling of pupil enrollment, attendance, and instructional minutes shall be representative of and inclusive of all the local education agencies’ tracks and grade spans as applicable and in consideration of materiality levels established in the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting. (D) For an audit of a locally funded charter school that is governed by a school district or county office of education and that is included in the school district’s or county office of education’s audit, the auditor shall ensure that all samples completed are representative of each of the local educational agencies included in the audit. (E) Audits shall ensure that samples from all payment sources are selected and shall verify that those payments are legal and have proper authorization. The sampling shall include, but is not limited to, payments made through a variety of sources such as credit cards, debit cards, and other electronic payment methods and media, and bank statements. (3) Charter schools that are locally funded and governed by a school district or county office of education shall report charter school financial data separately from the general fund of the school district or county office of education. If the school district or county office of education audit includes more than one charter school, or if the charter school fund is not a major fund, the local educational agency shall also present financial data separately for each individual charter school in the supplemental section or footnotes of the audit report. (4) Using appropriate sampling techniques, verify pupil enrollment for independent study programs at local educational agencies and verify that a pupil’s residence meets applicable residency requirements based on documentation provided by the parent or guardian of the pupil, emancipated pupil, or other custodian of the pupil, or, in the case of a pupil over 18 years of age, by the pupil. (5) (A) Chartering authority input for audits of a charter school: require auditors to consult with and inquire of the chartering authority during planning stages of the audit of a charter school authorized by the chartering authority to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the charter school may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit. (B) County office of education input for audits of a school district or educational joint powers authority: require auditors to consult with and inquire of the county office of education during planning stages of the audit of a school district or educational joint powers authority to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the school district or educational joint powers authority may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit. (C) Department input for audits of a county office of education: require auditors to consult with and inquire of the department during planning stages of the audit of a county office of education to assist the auditor in identifying potential audit risks, including, but not limited to, fiscal and compliance areas that the county office of education may not meet expectations, potential fraud risks, irregularities in observations and reporting, and other background information pertinent to the audit. (6) (A) Related entity for audits of a charter school: determining if a related entity, such as a charter management organization, education management organization, or similar third party with financial, economic, or controlling membership interest, exists with the charter school, as defined by generally accepted accounting principles. A charter school that files a federal tax return shall include all related entities identified on the federal tax return in the disclosure required by this paragraph. (B) If a relationship is determined to exist pursuant to subparagraph (A), evaluate the level of the relationship to determine if it is material. For purposes of materiality, determine if the related party has a material financial, economic, or controlling interest in the charter school or can exercise material control, such as common management or board, majority voting interest, or sole corporate or statutory member or other arrangement. (7) (A) Verification: For a charter school, verify if more than 20 percent of the charter school’s total average daily attendance was generated through independent study, pursuant to Section 47634.2. (B) Verify the pupil-to-teacher ratio calculation. For independent study programs at school districts, county offices of education, and charter schools, verify the pupil-to-teacher ratios and calculations required pursuant to Section 51745.6. (8) Identify any transfers of funds or assets to other individuals or organizations that exceed one million dollars ($1,000,000) or 10 percent of the local educational agency’s total revenue and other sources, whichever is less, together with a written explanation from the local educational agency regarding the local educational agency’s purpose for each of those transfers of funds or assets. (9) Charter School Oversight: Ensure the chartering authority has documentation of completing the oversight tasks in Section 47604.32 and teacher assignment monitoring pursuant to Section 44258.9. (10) (A) For schools that offer grades 10, 11, or 12, inclusive, at local educational agencies, perform an analytical procedure and identify unusual enrollment patterns between consecutive grade levels and pupils that change grade levels during the school year for that school and report as a note that shall not include personally identifiable information for any pupil. (B) Identify if a pupil advanced to grade 12 without completing a California Assessment of Student Performance and Progress assessment in English language arts/literacy and mathematics using pupil cohort data and assessment data and report the number of such pupils as a note. Report the total number of pupils disenrolled from the school after census day, in a note. A local educational agency shall provide the auditor necessary assessment data from the Test Operations Management System or subsequent successor system. (11) Verify documentation of pupil work products, pursuant to clause (iii) of subparagraph (A) of paragraph (2) of subdivision (b) of Section 51747.5. (c) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall include a library of sample letters and schedules applicable to the Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting requirements for both school districts and charter schools as a means of guidance to auditors. (d) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or educational joint powers authority. (Added by Stats. 2026, Ch. 65, Sec. 43. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41020.8. Source version: id_40a2a73c-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) Notwithstanding any other law, the auditor conducting an annual audit pursuant to Section 41020 shall, upon request, provide pertinent financial and compliance information related to the circumstances listed in subdivision (b) to specified entities as follows: (1) To the county superintendent of schools for a school district or educational joint powers authority within the county superintendent of schools’ jurisdiction. (2) To the chartering authority of a charter school or to the county superintendent of schools for a charter school if the county superintendent of schools is not the chartering authority. (3) To the Superintendent and the Controller for any local educational agency. (b) The circumstances described in subdivision (a) include all of the following: (1) The local educational agency has a financial audit finding, an audit finding for a material weakness or significant deficiency in internal controls, or a material noncompliance finding, including an apportionment significant audit exception. (2) The audit of a local educational agency contains an audit opinion other than unmodified. (3) The audit has included a statement that there is substantial doubt about the local educational agency’s ability to continue as a going concern for a reasonable period of time. (4) A determination has been made that a school district or educational joint powers authority may not be able to meet its obligations of the current or subsequent fiscal year pursuant to Section 42127.6. (5) There is evidence that a school district is showing fiscal distress under the standards and criteria adopted in Section 33127 pursuant to paragraph (1) of subdivision (a) of Section 42127.6. (6) A school district has a negative unrestricted fund balance or negative cash balance pursuant to Section 42127.5. (7) A school district has received an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or Article 2.5 (commencing with Section 41325) of Chapter 3 of Part 24 of Division 3 of Title 2. (8) The budget of a school district, educational joint powers authority, or county superintendent of schools is disapproved or a school district or county superintendent of schools has received a negative certification on any budget or interim financial report, as defined in Sections 1240, 1622, 42127, and 42131, during the current or preceding fiscal year. (c) Information provided by an auditor to a chartering authority, a county superintendent of schools, the Controller, or the Superintendent pursuant to this section shall be submitted simultaneously to the named school district, educational joint powers authority, charter school, or county superintendent of schools, as applicable, and shall not constitute a violation of auditor-client confidentiality. (Repealed and added by Stats. 2026, Ch. 65, Sec. 45. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41020.9. Source version: id_3204e7ab-c12e-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) Notwithstanding Section 41020, for the 2019–20 fiscal year, a local educational agency shall provide for an audit by July 15, 2020, and if a local educational agency fails to provide for an audit by July 15, 2020, the county office of education having jurisdiction over the local educational agency shall provide for an audit of the local educational agency by July 31, 2020. (b) Notwithstanding subdivision (h) of Section 41020 or subdivision (m) of Section 47605, for audit reports for the 2019–20 fiscal year, a local educational agency shall file an annual audit report with the county superintendent of schools of the county in which the local educational agency is located, the Superintendent, the Controller, and, if applicable, to its chartering authority, by March 31, 2021, and notwithstanding subdivision (k) of Section 41020, the county superintendent of schools shall submit the required certification to the Superintendent and the Controller by July 15, 2021. (c) Notwithstanding subdivision (k) of Section 41020, for audit reports for the 2018–19 fiscal year, a county superintendent of schools shall submit the required certification to the Superintendent and the Controller by July 15, 2020. (d) Notwithstanding subdivision (d) of Section 41344, for audits certified by the Controller between March 1, 2020, and July 15, 2020, inclusive, a local educational agency may appeal a finding contained in a final audit report within 120 days of the date on which the local educational agency receives the final audit report resulting from an audit or review, or within 30 days of receiving a determination of a summary review pursuant to subdivision (e). (e) Notwithstanding subdivision (d) of Section 41344.1, for audits certified between March 1, 2020, and July 15, 2020, inclusive, a local educational agency may request a summary review within 90 days of the date on which the local educational agency receives the final audit report resulting from an audit or review. (Added by Stats. 2020, Ch. 24, Sec. 18. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41021. Source version: id_d37bbe45-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. The governing board of every school district shall require each employee of the district, whose duty it is to handle funds of the district, and may, in its discretion, require employees of the district, whose duty it is to handle property of the district, to be bonded under a suitable bond indemnifying the district against loss. Such bond may be a name schedule bond, schedule position bond or blanket bond, and shall be in such amount and type as the board shall consider necessary and desirable. The boards shall pay from the funds of the district the cost of the premium necessary to provide the bond. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41022. Source version: id_d37bbe47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. Except as provided in this section, any election held for the purpose permitting a school district to exceed the expenditure of school district funds fixed by the Constitution or by the statutes of the state shall be called, held, and conducted as nearly as possible as are elections for the issuance of school district bonds. The notice of election shall contain only the following: (a) The time and place or places of holding the election. (b) The names of the officers appointed to conduct the election. (c) The hours during the day in which the polls will be open. (d) The amount by which it is proposed to increase the expenditures of the district during the school year. (e) The total amount of proposed expenditures of the district, including the proposed increase, for the school year. The ballots used at the election shall contain the following language: “Shall the total authorized expenditures of the district be increased from ____ (naming the sum) to ____ (naming the sum) for the school year ____ (naming the school year)?” The hours during which the polls at the election are open shall be fixed in accordance with Section 14212 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 28. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41023. Source version: id_d37bbe49-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) Any agency organized pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the parties of which consist solely of school districts and county offices of education, shall be subject to the same restrictions as are applicable to school districts and county offices of education, under that chapter, including the preparation of budget and financial statements required by Article 1 (commencing with Section 42100) and this article; the certifications required by Article 3 (commencing with Section 42130) of Chapter 6 of Part 24; the accounting and auditing requirements prescribed by Article 1 (commencing with Section 42100) and this article; and the expenditure and appropriation controls prescribed by Chapter 9 (commencing with Section 42600) of Part 24. This section does not apply to joint powers agreements that are for the performance of the powers described in Section 17567. (b) Each agency described in subdivision (a) shall annually report to their participating school districts and county superintendents of schools on forms prescribed by the Superintendent of Public Instruction. (Amended by Stats. 2002, Ch. 1168, Sec. 10. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] SECTION 41024. Source version: id_4c3dd991-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=2. (a) (1) Commencing April 1, 2017, a local educational agency that receives any funds pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1) shall annually report a detailed list of all expenditures of state funds, including interest, and of the local educational agency’s matching funds for completed projects until all state funds, including interest, all of the local educational agency’s matching funds, and savings achieved, including interest, pursuant to Section 17070.63, are expended in accordance with the requirements of the Leroy F. Greene School Facilities Act of 1998, associated regulations, and any accompanying grant agreement signed by a local educational agency. A local educational agency’s detailed list of expenditures shall identify expenditures on a project-by-project basis, reflect completed projects that were reimbursed within that fiscal year, and shall clearly indicate the list of projects that have been completed. (2) For purposes of this section, the determination that a project is complete shall be in accordance with the regulations adopted pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1). (3) The total amount of interest earned on the state funds shall be reported on the final expenditure report upon completion of a project. For the purposes of determining the total amount of interest earned on the state funds, interest shall be considered to accrue from the time state funds are deposited in the local educational agency’s account until the time the local educational agency submits the final expenditure report to the Office of Public School Construction. (4) Commencing April 1, 2017, a local educational agency participating in the school facilities program shall ensure that it retains all financial accounts, documents, and records necessary for an audit of completed projects pursuant to Section 16026 of Title 5 of the California Code of Regulations. For purposes of this paragraph and in compliance with any applicable state and federal standards, a local educational agency may maintain records electronically. (5) Any project identified on a local educational agency’s detailed list of expenditures pursuant to paragraph (1) that is reported complete during the 2017–18 fiscal year shall be audited in accordance with the audit guide required by Section 14502.1 for the 2018–19 fiscal year. All other completed projects shall be audited in accordance with the audit guide required by Section 14502.1 for the fiscal year in which the project is reported complete. (6) The audit described in this section shall be completed within one year of project completion as determined by Section 1859.104 of Title 2 of the California Code of Regulations. (b) (1) Commencing with audits of the 2018–19 fiscal year, the Controller shall include instructions in the audit guide required by Section 14502.1 that include, but are not necessarily limited to, procedures for determining all of the following: (A) Whether funds identified by a local educational agency on its detailed list of expenditures pursuant to paragraph (1) of subdivision (a) have been expended in accordance with the requirements of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), associated regulations, and any accompanying grant agreement signed by a local educational agency. Any funds not expended in accordance with these requirements shall be disallowed and considered an audit finding. (B) That savings achieved, including interest, pursuant to Section 17070.63, are used for other high priority capital outlay purposes identified by the local educational agency or returned to the Office of Public School Construction, and are used in accordance with the requirements of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), associated regulations, and as specified in any accompanying grant agreement. (C) Adjustments to the grant amounts received by a local educational agency for site acquisition costs based upon the local educational agency’s final approved expenditures as required pursuant to Sections 1859.105 and 1859.106 of Title 2 of the California Code of Regulations. (D) Adjustments to the grant amounts received by a local educational agency associated with the substantial progress requirements reflected in the program reporting requirements pursuant to Section 1859.104 of Title 2 of the California Code of Regulations. (2) Any amounts or adjustments identified pursuant to subparagraphs (C) and (D) of paragraph (1) shall be identified within a local educational agency’s audit, but shall not be considered an audit finding for purposes of this section. (c) (1) The auditor conducting the audit pursuant to this section shall file the audit with the Controller within 60 days of the completion of the audit. The Controller shall be allowed access to audit working papers. Adjustments pursuant to paragraph (2) of subdivision (b) shall not be appealable to the Education Audit Appeals Panel pursuant to this section. (2) Within 60 days of the receipt of the certified audit, and after determining that the audit conforms with the reporting standards contained in the audit guide, the Controller shall do both of the following: (A) Provide the department a copy of the certified audit. (B) Notify the Office of Public School Construction of any audit findings pursuant to this section and any amounts or adjustments identified pursuant to clause (iii) and provide the Office of Public School Construction with a copy of the certified audit identifying the amounts to be adjusted if, as a result of the audit conducted in accordance with the requirements of subdivisions (a) and (b), the auditor determines any of the following: (i) A local educational agency has unspent funds for the project not identified as savings pursuant to Section 17070.63 that shall be returned pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (b), and any accompanying grant agreement signed by a local educational agency. (ii) A local educational agency is subject to an increase or decrease in funds provided pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (b), and any accompanying grant agreement signed by a local educational agency. (iii) A local educational agency did not expend funds in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1) and any accompanying grant agreement signed by a local educational agency. (3) Upon receipt of the certified audit, the Office of Public School Construction shall present any grant adjustments required pursuant to clauses (i) and (ii) of subparagraph (B) of paragraph (2) for a specified project to the State Allocation Board for an adjustment to the project apportionment. Funds identified for purposes of clauses (i) and (ii) of subparagraph (B) of paragraph (2) shall be apportioned from, or returned to, the appropriate funds, as established in the State Treasury pursuant to Section 17070.40 or 17070.41, as applicable. If a school district is required to return unspent funds, the fund source for returned funds shall be the county school facilities fund established pursuant to subdivision (a) of Section 17070.43. (4) A local educational agency may appeal the audit finding pursuant to the timelines and process established in subdivision (d) of Section 41344. The procedures set out in subdivision (d) of Section 41344.1 do not apply to the audit required by this section. (5) The Office of Public School Construction shall ensure that the local educational agency has corrected the audit finding by implementing a required penalty payment of funds equal to the amount of funds disallowed in the audit finding pursuant to the process specified in subdivision (d). (d) (1) If, as the result of the audit, a local educational agency is required to pay funds pursuant to clause (iii) of subparagraph (B) of paragraph (2) of subdivision (c), the Office of Public School Construction shall recover the funds from the local educational agency. (2) If the local educational agency has submitted an appeal to the Education Audit Appeals Panel pursuant to subdivision (d) of Section 41344, the Office of Public School Construction shall not recover funds until following the determination of the appeal. (3) A local educational agency may use any local fund source to pay the disallowed amount pursuant to clause (iii) of subparagraph (B) of paragraph (2) of subdivision (c) so long as there is no legal prohibition regarding the use of those funds for this purpose. (4) A local educational agency may request from the Office of Public School Construction a repayment plan within 90 days of receiving the final audit report, or within 30 days of withdrawing or receiving a final determination regarding an appeal pursuant to subdivision (d) of Section 41344 and subdivision (b) of Section 41344.1, as applicable. The Office of Public School Construction and the Director of Finance, or their designees, jointly shall establish a plan for payment. The payment plan shall be established in accordance with the following: (A) If the executive officer of the Office of Public School Construction and the Director of Finance, in consultation with the department, concur that repayment of the disallowed amount in the current fiscal year would constitute a severe financial hardship for the local educational agency, they may jointly approve a plan of equal annual payments over a period of up to eight years. The plan may include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The executive officer of the Office of Public School Construction and the Director of Finance jointly shall establish this plan. At the time the local educational agency is notified, the Controller also shall be notified of the plan by the executive officer of the Office of Public School Construction. The Controller shall withhold the annual amount established pursuant to the plan from the local educational agency’s principal apportionment or Education Protection Account payments. (B) Notwithstanding subparagraph (A), if the executive officer of the Office of Public School Construction and the Director of Finance, in consultation with the department, concur that repayment of the disallowed amount over an eight-year period would require the local educational agency to request an emergency apportionment pursuant to Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3, they may approve a plan of equal annual payments over a period of up to 20 years. The plan shall include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The Controller shall withhold the annual amount established pursuant to the plan from the local educational agency’s principal apportionment or Education Protection Account payments. (C) If a payment plan submitted pursuant to this section is not approved by the executive officer of the Office of Public School Construction and the Director of Finance, in consultation with the department, or is not requested by the local educational agency, the executive officer of the Office of Public School Construction shall invoice the local educational agency for the entire disallowed amount. If the local educational agency does not remit payment for the invoice within 120 days of issuance, the executive officer of the Office of Public School Construction shall request that the Controller withhold the entire disallowed amount from the local educational agency’s principal apportionment or Education Protection Account payments. (D) (i) Funds recovered by the executive officer of the Office of Public School Construction or withheld by the Controller pursuant to this section shall be deposited into the appropriate state school facilities fund, as established in the State Treasury pursuant to Section 17070.40 or 17070.41, as applicable. (ii) Funds remitted to the Office of Public School Construction by a local educational agency from local fund sources, as authorized by paragraph (3), shall be deposited into the appropriate state school facilities fund, as established in the State Treasury pursuant to Section 17070.40 or 17070.41, as applicable. (e) As used in this section, “audit or review” and “local educational agency” shall have the same meaning as the terms are defined in paragraphs (1) and (2) of subdivision (e) of Section 41344. (f) The State Allocation Board shall not waive all or any part of this section, any grant agreement or provisions of a grant agreement signed by a local educational agency that receives any funds pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), or any regulation adopted that implements a provision of this section. (g) In any appeal filed pursuant to Section 41344 and this section, the Office of Public School Construction, the Department of Finance, and the department may timely move to intervene as a party. (h) If the Office of Public School Construction chooses not to intervene in an appeal, the administrative law judge conducting the hearing, or the Education Audit Appeals Panel, may request that the Office of Public School Construction issue and file in the appeal an objective interpretation of any applicable law, regulation, or term of the grant agreement within 30 days of the request or such longer period as the administrative law judge or the Education Audit Appeals Panel deems reasonable. The Office of Public School Construction’s filing shall not argue or seek to resolve issues of fact, but may state how a particular law, regulation, or grant agreement term applies to competing factual contentions. The agent of the Office of Public School Construction shall be precluded from acting as a party once a request pursuant to this subdivision is made. (i) Notwithstanding subdivision (a), this section shall not apply to any school facilities project that was apportioned before July 1, 2017. (Amended by Stats. 2023, Ch. 48, Sec. 20. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41030. Source version: id_d37d44ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. Any school district which receives bequests or gifts of money which is surplus money not required for the immediate necessities of the district may invest it pursuant to the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41031. Source version: id_d37d44ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. Any gift or bequest of money which is to be invested pursuant to this article shall be placed in a district special fund in the county treasury, to be designated as a Foundation Fund. If the gift or bequest of money is required to be used for specific purposes according to the terms of the gift or bequest, the governing board shall place the money in a separate account in the Foundation Fund, and may by resolution designate the separate account by the name that it shall be known, including in its name the term “Foundation Account.” (Amended by Stats. 2002, Ch. 1168, Sec. 12. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41032. Source version: id_d37d44f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. (a) The governing board of any school district may accept on behalf of, and in the name of, the district, gifts, donations, bequests, and devises that are made to the district or to or for the benefit of any school or college administered by the district. The gifts, donations, bequests, and devises may be made subject to conditions or restrictions that the governing board may prescribe. (b) The money deposited in a separate account in the Foundation Fund shall be invested pursuant to this article or expended only for the purposes of the gift or bequest. (c) If a gift of land has been accepted by the governing board of a school district upon condition or agreement that it be devoted to school purposes of the district, whether that condition or agreement is written or oral and whether the terms thereof are recited or referred to in any instrument executed in connection with the conveyance of the gift, and the board subsequently determines that the land cannot feasibly be utilized for any school purpose of the district, the board may cause it to be reconveyed to the donor without consideration to the district; provided that failure to do so shall not affect the rights of any bona fide purchaser or encumbrancer of the land. (Amended by Stats. 2002, Ch. 1168, Sec. 13. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41033. Source version: id_d37d44f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. The governing board of a school district which has placed funds in the Foundation Fund is hereby authorized to invest all or any part of those funds as it deems wise and expedient as follows: (a) In the securities, warrants, or instruments of indebtedness specified by Section 53601 of the Government Code. (b) In corporate securities other than corporate shares, provided that the amount of investment under this subdivision shall not exceed 50 percent of the amount invested under subdivision (a). Any security, warrant, or instrument of indebtedness purchased pursuant to this section may be sold and the proceeds reinvested in similar securities, warrants, or instruments, or placed in the Foundation Fund. (Amended by Stats. 2002, Ch. 1168, Sec. 14. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41034. Source version: id_d37d44f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. The governing board of a school district may deposit such securities, warrants, or instruments purchased under Section 41033 for safekeeping pursuant to Section 41016. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41035. Source version: id_d37ecb97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. The governing board of a school district that invests money of the Foundation Fund pursuant to this article shall appoint an advisory committee equal in number to the number of members of the governing board. The committee shall be composed of qualified electors of the district and may include members of the governing board. Members of the committee shall serve without compensation. (Amended by Stats. 2002, Ch. 1168, Sec. 15. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41036. Source version: id_d37ecb99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. The advisory committee shall advise the governing board as to the investments to be made pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41037. Source version: id_d37ecb9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. The governing board shall adopt rules and regulations to effectuate the purposes of this article, not inconsistent with law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 3. Foundation Fund [41030 - 41038] SECTION 41038. Source version: id_d37ecb9d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=3. Except as may be otherwise provided in this article, other provisions of this chapter shall be applicable to the money placed in the Foundation Fund pursuant to this article. (Amended by Stats. 2002, Ch. 1168, Sec. 16. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 4. Miscellaneous Provisions [41050 - 41060] SECTION 41050. Source version: id_d3805241-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=4. “County” or “counties” includes a city and county as specified in Section 92. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 4. Miscellaneous Provisions [41050 - 41060] SECTION 41052. Source version: id_d3805243-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=4. Whenever the assessed valuation of a school district is reduced as a result of the operation of Section 992 of the Revenue and Taxation Code, the school district shall receive replacement revenue from the state for the loss of revenue to the district. A school district shall be eligible for replacement revenue when the assessed valuation exempted as the result of the operation of Section 992 of the Revenue and Taxation Code is 30 percent or more of the district’s assessed valuation in the 1970–1971 fiscal year. A school district shall be ineligible for replacement revenue when its assessed valuation has increased 250 percent or more over the 1970–1971 fiscal year assessed valuation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 4. Miscellaneous Provisions [41050 - 41060] SECTION 41053. Source version: id_d3805245-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=4. Where a reference is made to “adults” in this division in the context of apportionments to school districts or county superintendents of schools, the reference shall be deemed to refer to persons 21 years of age or over notwithstanding any other provision of law. Where a reference is made to “minors” in this division in the context of apportionments to school districts or county superintendents of schools, the reference shall be deemed to refer to persons under 21 years of age, notwithstanding Section 6500 of the Family Code or any other provision of law. (Amended by Stats. 1994, Ch. 1269, Sec. 6.5. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 1. State Financial Management and Control [41000 - 41060] ARTICLE 4. Miscellaneous Provisions [41050 - 41060] SECTION 41060. Source version: id_d3805247-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=1.&article=4. (a) The enactment of Article XIII A of the California Constitution by the voters of California at the June 6, 1978, primary election severely reduced the property taxing authority of local school districts. The California Legislature has replaced that local property taxing authority with state revenues derived from state taxing authority. It is the intent of the Legislature that local property tax revenues replaced by state funds are to continue to be considered local effort for purposes of federal grants pursuant to Public Law 81-874. (b) For purposes of computing federal grants pursuant to Public Law 81-874 which requires a local tax effort or maintenance of effort, the fiscal year 1977–78 shall be used as a base year. The percentage of local effort for fiscal year 1977–78 shall be calculated as follows: (1) The total amount of state and local funds earned by school districts, as determined by Article 2 (commencing with Section 42230) of Chapter 7 of Part 24 as it read prior to repeal by Chapter 282 of the Statutes of 1979 shall be divided into the amount of local tax receipts including tax relief subventions. (2) The resultant percentage shall be used as the percent of local effort or contribution. (Added by Stats. 1980, Ch. 1354, Sec. 37.45. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 1. Revolving Cash Fund [42800 - 42806] SECTION 42800. Source version: id_246906db-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=1. (a) The governing board of a school district may, with the consent of the county superintendent of schools, establish a revolving cash fund for the use of the chief accounting officer of the school district, by adopting a resolution setting forth the necessity for the revolving cash fund, the officer for whom and the purposes for which the revolving cash fund shall be available, and the amount of the fund. The purposes for which the revolving cash fund shall be available shall include the purposes specified in Section 45167. Three certified copies of the resolution shall be transmitted to the county superintendent of schools. If he or she approves the establishment of the fund, the county superintendent of schools shall endorse his or her consent on the resolution and return one copy to the governing board of the school district, and transmit one copy to the county auditor. (b) The maximum amount allowed for revolving cash funds established pursuant to subdivision (a) shall be the lesser of: (1) Two percent of the school district’s estimated expenditures for the current fiscal year, or (2) A dollar amount limit of seventy-five thousand dollars ($75,000) for any elementary school or high school district and one hundred fifty thousand dollars ($150,000) for any unified school district for fiscal year 1990–91. The dollar amount limit for each school district shall, through the 2012–13 fiscal year, be increased annually by the percentage increase in the school district’s revenue limit established by Section 42238, as that section read on January 1, 2013. The dollar amount limit for each school district shall thereafter be increased annually by the percentage increase in the school district’s local control funding formula allocation established pursuant to Section 42238.02, as implemented pursuant to Section 42238.03. (Amended by Stats. 2015, Ch. 303, Sec. 83. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 1. Revolving Cash Fund [42800 - 42806] SECTION 42801. Source version: id_d45de083-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=1. (a) Except as otherwise provided in subdivision (b) of this section, the officer for whose use the revolving cash fund is created shall file with the governing body of the district a bond in favor of the district, executed by him as principal and by a surety company authorized under the laws of the state to execute bonds as surety, in an amount not less than double the amount of the revolving cash fund. The bond shall be conditioned upon the faithful administration of the revolving cash fund and upon the willingness and ability of the principal to account for and pay over the revolving cash fund at any time upon the demand of the governing board of the district. The premium on the bond shall be a legal charge against the district, payable from the funds of the district. (b) In lieu of the bond required by subdivision (a) of this section, an officer may be bonded as provided by Section 41021. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 1. Revolving Cash Fund [42800 - 42806] SECTION 42801.5. Source version: id_d45f6725-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=1. Notwithstanding the requirement to provide for indemnity bonds pursuant to Sections 42650 and 42801, the governing board of a school district may, in lieu thereof, insure against losses caused by an employee or an officer of a school district if the insurance gives the same or greater protection to the school district that a bond would provide in indemnifying the school district against any loss caused by the employee or officer of the district. (Added by Stats. 1994, Ch. 330, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 1. Revolving Cash Fund [42800 - 42806] SECTION 42802. Source version: id_d45f6727-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=1. No bond shall be required when the revolving cash fund does not at any time exceed twenty-five dollars ($25). (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 1. Revolving Cash Fund [42800 - 42806] SECTION 42803. Source version: id_d45f6729-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=1. The governing board of the district shall draw an order, on the form and in the manner required by law for order, requisition, and warrant for the payment of school moneys, payable from the county or special fund of the district, in favor of the officer for whose use the revolving cash fund is created, for the amount of the revolving cash fund, and transmit the order to the county superintendent of schools accompanied by the bond and a certified copy of the resolution. Upon his approving the order, the county superintendent of schools shall detach and retain the bond. Upon his allowing and signing the warrant, the county auditor shall detach and retain the certified copy of the resolution and the county treasurer shall pay the warrant. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 1. Revolving Cash Fund [42800 - 42806] SECTION 42804. Source version: id_d45f672b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=1. The person entrusted with the revolving fund shall not be authorized to expend any portion of the fund except for services or material, the securing or purchasing of which is a legal charge against the district, and no expenditure shall be made unless a receipt is obtained therefor setting forth the date and the purpose of the expenditure and the amount expended. The governing board of any school district may establish and account for the revolving fund in one or more banks. The account shall be known as “The Revolving Fund Account of (insert name of district) District” and shall be established in the custody of the officer for whose use the revolving cash fund is created who shall be responsible for the payment into the account or accounts of all moneys required to be reimbursed into the account or accounts, and for all expenditures therefrom, subject to such regulations as the governing board prescribes. A bill shall be presented to the district monthly, or oftener if necessary, for the reimbursement of the fund in the same manner as other bills are presented. Bills shall be supported by the receipts required. All sums received in payment of the bills shall be returned to the revolving cash fund or bank account or accounts and each person entrusted with the revolving cash fund shall, upon demand of the county superintendent of schools or the county auditor or of the governing board of the district, give an account of the fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 1. Revolving Cash Fund [42800 - 42806] SECTION 42805. Source version: id_d45f672d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=1. The governing board of the district may at any time reduce or discontinue any revolving cash fund established by its order. Whenever the fund is ordered reduced the person using it shall immediately return to the county treasury the amount necessary to reduce the fund, as ordered by the board. If the fund is discontinued, the person using it shall immediately refund the amount thereof to the county treasurer. In either event a reasonable time shall be allowed the person to reimburse himself by bills presented to the school district for expenditures legally made from the fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 1. Revolving Cash Fund [42800 - 42806] SECTION 42806. Source version: id_d45f672f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=1. The county superintendent of schools may, with the consent of the county board of education, establish a revolving cash fund for the use of the chief accounting officer of the county superintendent of schools, by adopting a resolution setting forth the necessity for the revolving cash fund, the officer for whom and the purposes for which the revolving cash fund shall be available, and the amount of the fund. The purposes for which the revolving cash fund shall be available shall include the purposes specified in Section 45167. The amount of the fund shall not be more than 2 percent of the estimated expenditures of the county superintendent of schools for the current fiscal year and shall not in any event exceed thirty thousand dollars ($30,000). Three certified copies of the resolution shall be transmitted to the county board of education. If the county board of education approves the establishment of the fund, the chairman shall endorse his consent on the resolution and return one copy to the county superintendent of schools and transmit one copy to the county auditor. (Amended by Stats. 1981, Ch. 191, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 2. Alternative Revolving Cash Fund [42810- 42810.] SECTION 42810. Source version: id_d460edd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=2. In addition to establishing or maintaining a revolving cash fund under Article 1 (commencing with Section 42800), the governing board of any school district or any county superintendent of schools may, by resolution, establish revolving cash funds for use by school principals and other administrative officials designated by the governing board and acting in accordance with regulations prescribed by the governing board, for services or matériel and for the purposes specified in Section 45167. The resolution shall set forth the necessity for the revolving cash funds, the principals of schools and other administrative officials of the school district designated by the governing board, the purposes for which the revolving cash funds shall be made available, and the amount of the funds. No funds maintained in any revolving cash fund established pursuant to this section shall be available for the purposes of attempting to influence government decisions, entertainment, or any other purpose not related to classroom instruction. The total amount of the funds for each district or county superintendent of schools shall not exceed 3 percent of the current year’s instructional supply budget. The governing board of any school district or any county superintendent of schools may establish a checking account for the revolving fund in one or more banks. The account shall be established in the custody of the principal or other administrative official designated by the governing board for whose use the revolving cash fund is created. The principal or administrative official in whose name the revolving cash fund is created shall be responsible for all expenditures therefrom, subject to regulations that the governing board prescribes. The governing board shall provide for an audit of the funds on a regular basis. The revolving cash fund for supplies shall be subject to the bonding provisions of Section 42801. (Amended by Stats. 1989, Ch. 1256, Sec. 11. Effective October 1, 1989.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 3. Prepayment Funds [42820 - 42821] SECTION 42820. Source version: id_d460edd7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=3. The governing board of any school district may establish a revolving cash fund in any bank or other institution whose deposits are federally insured, for the purpose of paying bills as prescribed in Section 42821. Article 1 (commencing with Section 42800) of this chapter shall not apply to the revolving cash fund established pursuant to this article. The governing board may appropriate money from the county or joint school district fund in the county treasury belonging to the school district to establish the revolving cash fund. The maximum amount in the revolving cash fund shall be as follows: (a) In a school district with 20,000 or more units of average daily attendance, ten thousand dollars ($10,000). (b) In a school district with 5,000 or more, but less than 20,000, units of average daily attendance, five thousand dollars ($5,000). (c) In a school district with 500 or more, but less than 5,000, units of average daily attendance, two thousand five hundred dollars ($2,500). (d) In a school district with less than 500 units of average daily attendance, one thousand dollars ($1,000). (Amended by Stats. 1992, Ch. 115, Sec. 2. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 3. Prepayment Funds [42820 - 42821] SECTION 42821. Source version: id_d460edd9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=3. The governing board of any school district that has established a revolving cash fund pursuant to Section 42820 shall designate a person or persons who shall be authorized to make immediate payments by check, drawn on the revolving cash fund, for purchases in an amount of one thousand dollars ($1,000) or less, including tax and freight, or at the time of preparing the order for those purchases to make the check payable to the vendor permitting him or her to fill in the amount to be paid upon shipment of the purchases, the check to state on its face that it is not valid for more than one thousand dollars ($1,000). A monthly list of the payments shall be submitted to the governing board by the designated person or persons for approval. Upon approval of those expenditures by the governing board, the clerk of the governing board shall draw an order for the replenishment of the revolving cash fund from the county or joint school district fund in the county treasury belonging to the school district. The order shall be treated in the same manner as prescribed for payment of other claims against the funds of the school district. Any person who issues a check drawn on the revolving cash fund shall be personally liable for the amount of the check only if the expenditure is in violation of rules and regulations established by the governing board with respect to the revolving cash fund. (Amended by Stats. 1987, Ch. 1452, Sec. 357.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] SECTION 42830. Source version: id_d462747d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=4. The governing board of any elementary school district or high school district, may, if the school district maintains a stock of merchandise for school use, establish a revolving fund for budget control and stock accounting purposes, by adopting a resolution setting forth the necessity for the revolving fund, the purpose for which it shall be used and the amount thereof. Three certified copies of the resolutions shall be submitted to the county superintendent of schools, who, if he approves the establishment of the fund, shall endorse his consent upon the resolution, return one copy to the governing board of the school district and transmit one copy to the county auditor. The governing boards of two or more school districts of any type may, if the school districts maintain a stock of merchandise for school use, establish a common revolving fund for budget control and stock accounting purposes, by adopting a resolution of each district setting forth the necessity for the revolving fund, the purpose for which it shall be used and the amount thereof. Three certified copies of the resolutions shall be submitted to the county superintendent of schools, who, if he approves the establishment of the fund, shall endorse his consent upon the resolution, return one copy to the governing board of the school districts and transmit one copy to the county auditor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] SECTION 42831. Source version: id_d462747f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=4. Amounts expended from the revolving fund are restored thereto through payments into the revolving fund by warrants drawn on the various funds of the districts, including building funds, for shipments from stores for the use of the districts. The warrants shall be made payable to the “revolving fund of ____ (Here insert name or names of the school district or school districts establishing the fund.)” (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] SECTION 42832. Source version: id_d463fb21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=4. The revolving fund, when established, shall be used for the purchase of stores to be placed in stock and may be used for the payment of costs of receiving, storing, and delivering stores. Purchases shall be made in the manner prescribed by law. Nothing contained in this article shall be construed as repealing any other provisions of law relating to school district funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 4. Revolving Warehouse Stock Funds [42830 - 42833] SECTION 42833. Source version: id_d463fb23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=4. The revolving fund shall be kept by the county treasurer as a separate fund and shall be subject to such uses only as are provided by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 5. Special Reserve Fund [42840 - 42843] SECTION 42840. Source version: id_d463fb27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=5. The governing board of a school district may provide for the accumulation over a period of school years of funds for capital outlay purposes and salaries of school district employees whose work is directly related to projects financed by those funds, derived from the receipt of taxes levied for the district and from other sources including balances, and not required to be used for other than capital outlay purposes. The governing board of a school district may also provide for the accumulation over a period of school years of funds for other than capital outlay purposes, derived from the receipt of taxes levied for the district and from other sources including balances, and not required to be used for capital outlay purposes. (Amended by Stats. 1987, Ch. 917, Sec. 26.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 5. Special Reserve Fund [42840 - 42843] SECTION 42841. Source version: id_d463fb29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=5. Upon the filing of identical copies of a resolution of the governing board with the superintendent of schools, auditor, and treasurer of the county specifying the purpose or purposes of a special reserve fund, the fund shall be established for such purpose or purposes. From time to time thereafter, the governing board may file identical copies of resolutions specifying additional purposes of the fund or withdrawing any purpose previously designated. The auditor and treasurer shall transfer from the general fund to the special reserve fund of the district such amounts as may be specified by the governing board during the fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 5. Special Reserve Fund [42840 - 42843] SECTION 42842. Source version: id_d463fb2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=5. (a) The governing board may expend the money in the special reserve fund for capital outlay for the purpose or purposes specified in any resolution filed pursuant to Section 42841 unless the purpose has been withdrawn pursuant to that section. In addition, unless actually encumbered for ongoing expenses, the governing board may expend the money in the fund for the general operating purposes of the district. (b) The governing board of a school district may expend the money in the special reserve fund that is maintained for purposes other than capital outlay in accordance with this section. Any moneys to be expended from this special reserve fund first shall be transferred into the general fund of the district. (Amended by Stats. 1992, Ch. 759, Sec. 17. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 5. Special Reserve Fund [42840 - 42843] SECTION 42843. Source version: id_d46581cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=5. Any moneys remaining in the special reserve fund of the district shall be transferred to the general fund of the district by the auditor and treasurer upon written request to the superintendent of schools, auditor, and treasurer of the county by the governing board of the district, and the auditor and treasurer shall discontinue the special reserve fund. (Amended by Stats. 1992, Ch. 759, Sec. 17.5. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 10. Revolving Funds, School Districts [42800 - 42850] ARTICLE 6. Retiree Benefit Funds [42850- 42850.] SECTION 42850. Source version: id_d46581d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=10.&article=6. The governing board of any school district may establish a fund for pension and other employee benefits to accumulate restricted moneys from salary reduction agreements, other contributions for employee retirement benefit payments, or both. Moneys may be transferred to the fund from other funds by periodic expense charges, in amounts based on existing and future obligation requirements. Payments from the pension plan and other employee benefits fund for insurance, annuities, administrative costs, or any other authorized purpose shall be made in accordance with all warrant approval requirements applicable under this code. (Amended by Stats. 2002, Ch. 1168, Sec. 28. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.3. Educational Services [42920 - 42926] SECTION 42920. Source version: id_fd4d521f-0c93-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.3.&article= The Legislature finds and declares all of the following: (a) The Foster Youth Services (FYS) program has been a successful program that supports the educational achievement of pupils in foster care. This success has contributed to landmark California education finance reform that prioritizes the educational needs of pupils in foster care. (b) The county office of education FYS program is uniquely situated to support interagency collaboration and capacity building, both at the system and individual pupil level, focused on improving educational outcomes for pupils in foster care. This is a key component to the successful implementation of the local control funding formula (LCFF). The FYS program should support and facilitate such collaboration and capacity building while preserving the ability to provide direct services such as tutoring, mentoring, counseling, transition, school-based social work, and emancipation assistance when there are identified gaps in service at the local level and the local Executive Advisory Council establishes that these services are needed and aligned with local control and accountability plan priorities. (c) Pupils in foster care will benefit from increased levels of supports and services as a result of the FYS program supporting implementation of the LCFF for pupils in foster care. (d) Pupils in foster care represent one of the most vulnerable and academically at-promise pupil groups enrolled in California schools. The academic status of pupils in foster care is often profoundly impacted by the foster care system in which many pupils in foster care experience multiple placements with an average frequency of one placement change every six months. Due to this movement, pupils in foster care lose an average of four to six months of educational attainment with each move. Therefore, it is essential to recognize, identify, and plan for the critical and unique educational needs of pupils in foster care. (e) A high percentage of pupils in foster care are working substantially below grade level, and over one-half of the pupils in foster care are retained at least one year in the same grade level. Pupils in foster care earn lower grades and achieve lower scores on standardized achievements tests in reading and mathematics, have lower levels of engagement in school, and are half as likely as pupils not in foster care to be involved in extracurricular activities. The long-term consequences of poor academic experiences are significant. Pupils in foster care are twice as likely as pupils not in foster care to drop out of school before graduation and only 45 percent of pupils in foster care have graduated from high school at the time of emancipation. Foster youth are similarly underrepresented in college enrollment rates and dramatically underperform their peers in relation to college completion. Pupils in foster care are also subject to disproportionate levels of disciplinary measures, including suspension and expulsion. It is imperative that California close the foster youth achievement gap so that pupils in foster care can realize their full potential, reach their college and career goals, and become independent, productive members of society. (f) Foster youth are an especially vulnerable pupil population, as they are often also members of other underserved pupil groups. In 2013, the demographic data of pupils in foster care in California were as follows: (1) The largest ethnic group amongst pupils in foster care was Hispanic, with nearly half of the population. (2) African American and Native American pupils continue to be disproportionately represented in the child welfare system, as researchers found that 26 percent of pupils in foster care were African American despite African Americans only accounting for 7 percent of the pupil population in California, and 2 percent of pupils in foster care were Native American despite Native Americans only accounting for 1 percent of the pupil population in California. (3) Nearly one in five pupils in foster care had special education needs, which is over twice the rate of the statewide pupil population. (4) More than 1 in 10 pupils in foster care were English learners. (5) A significant number of youth in foster care identify as lesbian, gay, bisexual, transgender, queer, questioning, or gender nonconforming. (g) Compounded by the research that indicates that there is a need for California to close the achievement gap between specific ethnic pupil populations and White pupils, addressing the foster youth achievement gap will further efforts that support education equity for all pupils. (h) Given their current academic status, pupils in foster care are more likely to achieve their full potential when they are provided services and programs designed to meet their particular needs, including, but not limited to, supplemental instruction, counseling, tutoring, support services offered to lesbian, gay, bisexual, transgender, queer, questioning, and gender nonconforming youth, and other assistance relevant to their experience. (i) Policies and laws addressing the educational rights of pupils in foster care must be implemented so that pupils in foster care are immediately enrolled in school, provided access to meaningful opportunities to meet state pupil academic achievement standards to which all pupils are held, provided access to a rigorous curriculum, adequately prepared to enter postsecondary education, and afforded the academic resources, services, and extracurricular and enrichment activities made available to other pupils enrolled in California’s public schools, including, but not limited to, interscholastic sports administered by the California Interscholastic Federation. In fulfilling their responsibilities to these pupils, educators, county placing agencies, caregivers, advocates, and the juvenile courts will work together to ensure that each pupil is placed in the least restrictive educational environment. (j) Foster youth services programs provide pupils in foster care needed educational support and are a state priority. (Amended by Stats. 2019, Ch. 800, Sec. 8. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.3. Educational Services [42920 - 42926] SECTION 42920.5. Source version: id_6d5556fa-3e25-11e6-9e75-e31378363641 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.3.&article= (a) Commencing with the 2015–16 fiscal year, and each fiscal year thereafter, the Foster Youth Services Coordinating Program, administered by the Superintendent, is hereby established to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that local educational agencies within its jurisdiction are providing services to foster youth pupils pursuant to the plan established in Section 42921, with the purpose of ensuring positive educational outcomes. (b) A foster youth services coordinating program shall meet minimum standards established by the Superintendent to ensure the provisions of Section 42921 are implemented, and shall be required to meet those minimum standards annually as a condition of continued funding. (c) As a condition of receiving funds, a county office of education, or a consortium of county offices of education, shall work with the local educational agencies within the county or consortium of counties, and shall coordinate services to ensure that, for the 2015–16 and 2016–17 fiscal years, the level of direct services provided to support foster youth pupils is not less than what was provided in the 2014–15 fiscal year through the foster youth services program established pursuant to Section 42921, as it read on June 30, 2015. In meeting this requirement, services for foster youth pupils may be provided through one or any combination of state funding, including, but not limited to, the local control funding formula, or federal, local, or other funding. (d) For the 2015–16 fiscal year, the allocation amount for which any county office of education or consortium of county offices of education is eligible shall not be less than the amount allocated to that county or consortium in the 2014–15 fiscal year, including the allocation amounts of school districts identified in Section 42920, as it read on June 30, 2015. This subdivision applies only if a county office of education or consortium of county offices of education elects to apply for grant funding pursuant to Section 42921. (e) On or before October 31, 2015, the Superintendent shall develop an allocation formula to determine the allocation amounts for which each county office of education or consortium of county offices of education is eligible. The Superintendent, within 30 days of the developing the allocation formula, shall submit the allocation formula to the appropriate policy and fiscal committees of the Legislature and the Department of Finance for review, and the Department of Finance shall approve the allocation formula within 30 days of submission by the Superintendent. The allocation formula may be revised annually upon submission to the appropriate policy and fiscal committees of the Legislature and approval by the Department of Finance within 30 days of submission by the Superintendent. The Superintendent may include additional criteria in the allocation formula, but shall apply, at a minimum, the following criteria: (1) The number of pupils in foster care in the county. (2) The number of school districts in the county. (f) Notwithstanding subdivision (e), commencing with the 2016–17 fiscal year, the Superintendent shall provide a base grant of seventy-five thousand dollars ($75,000) to each participating county office of education or consortium of county offices of education that served at least one foster youth pupil in the prior fiscal year. (g) After providing base grants pursuant to subdivision (f), the Superintendent shall allocate the remaining funding to participating county offices of education or consortium of county offices of education based on the following criteria: (1) Seventy percent of the allocation shall be based on the number of pupils in foster care in the county. (2) Thirty percent of the allocation shall be based on the number of school districts in the county. (h) The allocation pursuant to subdivision (g) shall be applied after consideration of subdivision (b) of Section 42926. (i) For purposes of this chapter, “local educational agency” means a county office of education, school district, or charter school. (Amended by Stats. 2016, Ch. 29, Sec. 10. (SB 828) Effective June 27, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.3. Educational Services [42920 - 42926] SECTION 42921. Source version: id_74c1ec3a-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.3.&article= (a) A county office of education, or a consortium of county offices of education, may apply to the Superintendent for grant funding, to the extent funds are available, to operate an education-based foster youth services coordinating program to provide educational support for pupils in foster care. (b) Each foster youth services coordinating program operated pursuant to this chapter, if sufficient funds are available, shall have at least one person identified as the foster youth educational services coordinator. The foster youth educational services coordinator shall facilitate the provision of educational support pursuant to subdivisions (d) and (e) to any pupil in foster care residing or attending school in the county or consortium of counties. (c) For purposes of this chapter, a pupil in foster care means a foster youth, as defined in subdivision (b) of Section 42238.01, a foster child who is detained in a county-operated juvenile detention facility, or a child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and has been identified by a county child welfare agency, probation department, or Indian tribe that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code as being at imminent risk of removal and placement into foster care. (d) It is the intent of the Legislature that pupils in foster care with the greatest need for services be identified as the first priority for foster youth services coordinating programs. Priority shall be given to pupils who are living in out-of-home placements. (e) As a condition of receiving funds pursuant to this chapter, each foster youth services coordinating program operated by a county office of education or a consortium of county offices of education pursuant to this chapter shall develop and implement a foster youth services coordinating plan for purposes of establishing guiding principles and protocols to provide supports for foster care pupils aligned with the population priorities established in subdivision (f). The plan shall include, to the extent possible, but not be limited to, all of the following: (1) (A) A description of how the program will establish ongoing collaboration with local educational agencies, county child welfare agencies, and county probation departments to determine the proper educational placement of the foster youth. This includes, but is not limited to, all of the following: (i) Building the capacity of county agencies, school districts, and community organizations to better support the educational success of pupils in foster care. (ii) Facilitating collaboration between county agencies, school districts, and community organizations to ensure coordinated and nonduplicative service delivery and to ensure pupils in foster care receive the educational supports and services they need to succeed in school. This may include, but is not limited to, education emancipation services such as support with transitions to postsecondary education or career technical education programs. (iii) Providing services and educational case management in support of individual pupils in foster care, as necessary. This may include, but is not limited to, transition and school social work to support transition between schools or school districts. (B) The primary goal of the collaboration required pursuant to this section shall be to minimize changes in school placement by supporting the implementation of Section 48850, subdivision (c) of Section 48853, and all related statutes that pertain to pupils in foster care. As necessary, and in accordance with Section 48853.5, the foster youth services coordinating program may pay for the cost of transportation to support this subparagraph. (i) If it is in the best interests of a pupil in foster care to transfer schools, the foster youth services coordinating program shall support local educational agencies in the implementation of Section 48853.5, and all related statutes pertaining to pupils in foster care, such as ensuring transfers are done at an educationally appropriate time, educational records are quickly transferred, appropriate partial credits are awarded, and the pupil in foster care is quickly enrolled in appropriate classes. (ii) In determining the appropriate educational placement of foster youth pupils, local educational agencies, county welfare agencies, and county probation departments shall consult with an educational rights holder, caregiver, social worker, teacher, counselor, court-appointed special advocate, other stakeholders, and the pupil, as appropriate. The purpose of the consultation shall be to ensure all educational programmatic options are considered, including, but not limited to, English learner, special education, advanced placement, and career technical education. (2) (A) If a foster youth educational services coordinator annually determines that the foster youth services coordinator is unable, through coordinating activities required under this section and using any other state, federal, local, or private funds, to secure tutoring, mentoring, and counseling services provided by a foster youth pupil’s school district, and if those services are established as needed and identified by the foster youth educational services coordinator, the foster youth services coordinating program may provide those services to the pupil. (B) It is the intent of the Legislature that local educational agencies include information provided in subparagraph (C) in their local control and accountability plans when describing their services for foster youth pupils as required pursuant to paragraph (10) of subdivision (d) of Section 52066. (C) It is the intent of the Legislature that county offices of education, in the development and adoption of their local control and accountability plans, include information specific to the transition requirement established pursuant to subdivision (b) of Section 42920.5, when describing the coordination of services for foster youth pupils required pursuant to paragraph (10) of subdivision (d) of Section 52066. (3) (A) Policies and procedures to ensure educational placement for a foster youth pupil is not delayed, including, but not limited to, facilitating the establishment of an individualized education program in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), if applicable, the transfer of records, transcripts, and other relevant educational information. (B) The plan shall also describe how the program will facilitate coordination with local postsecondary educational institutions, including, but not limited to, the California Community Colleges, the California State University, and the University of California, to ensure foster youth pupils meet admission requirements and access programs that support their matriculation needs. The plan shall describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12. (4) Policies and procedures for local educational agencies, county welfare agencies, and county probation departments to share all relevant educational information for foster youth to ensure the court has updated and accurate information as it makes decisions regarding foster youths. (f) When developing the plan required pursuant to this section, the county office of education, or the consortium of county offices of education, shall consider the needs of specific age groups, pupils in foster care in specific geographic areas with the highest concentration of pupils in foster care, and pupils in foster care with the greatest academic need. A foster youth services coordinating program is encouraged to first provide services for pupils in foster care who reside in group homes, institutional settings, or other placements with pupils with high academic needs, as determined by the local Executive Advisory Council. (g) (1) Each foster youth services coordinating program operated pursuant to this chapter shall establish a local interagency Executive Advisory Council. (2) The Executive Advisory Council may include representatives from the county child welfare agency, the county probation department, local educational agencies, local postsecondary educational institutions, and community organizations. If possible, the Executive Advisory Council may include, but is not limited to, foster youth, caregivers, educational rights holders, dependency attorneys, court representatives, court-appointed special advocates, and other interested stakeholders. (3) The foster youth educational services coordinator shall be a permanent member of the Executive Advisory Council. (4) The Executive Advisory Council shall regularly review the recommendations to the foster youth services plan required pursuant to subdivision (e). (Amended by Stats. 2024, Ch. 850, Sec. 1.5. (AB 3223) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.3. Educational Services [42920 - 42926] SECTION 42923. Source version: id_03589cda-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.3.&article= (a) As a condition of receiving funds, each county office of education and consortium of county offices of education providing a foster youth services coordinating program pursuant to this chapter shall, by May 15 of each even-numbered year, report to the Superintendent any information as may be required by the Superintendent and as accessible to the Foster Youth Services Coordinating Program for purposes of subdivision (b). (b) The Superintendent shall, by July 1 of each even-numbered year, report to the appropriate policy and fiscal committees of the Legislature and the Governor on the Foster Youth Services Coordinating Program. The report shall include, but not be limited to, all of the following: (1) Recommendations regarding the effectiveness and continuation of the Foster Youth Services Coordinating Program. (2) (A) To the extent possible, aggregate educational outcome data for each county in which there were at least 15 pupils in foster care who attended school in the county, with information on each of the following indicators: (i) The number of pupils in foster care who attended school in the county. (ii) The academic achievement of the pupils in foster care who attended school in the county, as determined by quantitative and qualitative data currently collected by program participants. (iii) The number of pupils in foster care who were suspended or expelled. (iv) The number of pupils in foster care who were placed in a juvenile hall, camp, ranch, or other county-operated juvenile detention facility because of an incident of juvenile delinquency. (v) The truancy rates, attendance rates, and dropout rates for pupils in foster care. (vi) (I) The number of pupils in foster care participating in foster youth services coordinating programs pursuant to this chapter who successfully transition to postsecondary education. (II) The department shall collaborate with the Chancellor of the California Community Colleges and the Chancellor of the California State University to identify indicators that can be used to track access to postsecondary education for pupils in foster care participating in a foster youth services coordinating program pursuant to this chapter. (III) The number and percentage of pupils in foster care who successfully complete a Free Application for Federal Student Aid or California Dream Act Application while in grade 12. (vii) The amount of funds allocated and expended by each foster youth services coordinating program in the previous two fiscal years. (B) In meeting the requirement of this section, the Superintendent shall use data, where appropriate, reported pursuant to Section 49085. (3) A discussion of the meaning and implications of the indicators contained in paragraph (2). (4) Information about how the program has supported the development and implementation of new local educational agency and county agency policies, practices, and programs aimed at improving the educational outcomes of pupils in foster care. (5) Information about how the program has improved coordination of services between local educational agencies and county agencies, including the types of services provided to pupils in foster care. (Amended by Stats. 2020, Ch. 231, Sec. 2. (SB 860) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.3. Educational Services [42920 - 42926] SECTION 42924. Source version: id_448adb70-71dd-11e5-8d4b-cc5d93baa851 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.3.&article= (a) The Foster Youth Services Coordinating Program shall not be operative unless funding is provided for this purpose in the annual Budget Act or another enacted statute. (b) Any funds allocated to county offices of education or consortia of county offices of education for foster youth services coordinating programs pursuant to Section 42921 shall be used only for foster youth services coordinating programs and any funds not used by county offices of education for those services shall revert to the state General Fund. (Amended by Stats. 2015, Ch. 781, Sec. 7. (AB 854) Effective October 11, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.3. Educational Services [42920 - 42926] SECTION 42925. Source version: id_4497f168-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.3.&article= (a) As a condition of receiving funds, each county office of education and consortium of county offices of education with a foster youth services coordinating program operated pursuant to this chapter shall, to the extent possible, develop and enter into a memorandum of understanding, contract, or formal agreement with the county child welfare agency pursuant to which foster youth services coordinating program funds shall be used, to the maximum extent possible, to leverage funds received pursuant to Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.) and any other funds that may be used to specifically address the educational needs of pupils in foster care, or they shall explain in writing, annually, why a memorandum of understanding is not practical or feasible. (b) To the extent possible, each foster youth services coordinating program is encouraged to consider leveraging other local funding opportunities to support the educational success of pupils in foster care. (Amended by Stats. 2016, Ch. 86, Sec. 60. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.3. Educational Services [42920 - 42926] SECTION 42926. Source version: id_137a6ea8-71dd-11e5-8d4b-cc5d93baa851 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.3.&article= (a) The Superintendent shall administer the Foster Youth Services Coordinating Program and shall be responsible for all of the following: (1) Monitoring implementation of this chapter. (2) Facilitating the data sharing and reporting necessary to meet the requirements of Section 42923. (3) Reviewing a county office of education’s local control and accountability plan for any information pursuant to subparagraphs (B) and (C) of paragraph (2) of subdivision (e) of Section 42921. (b) The Superintendent, upon approval from the Department of Finance, shall use up to 5 percent of funding allocated for the Foster Youth Services Coordinating Program to contract with a local educational agency to administer the program established pursuant to this chapter, including, but not limited to, providing technical assistance to county offices of education and consortia of county offices of education as they implement this program. (Added by Stats. 2015, Ch. 781, Sec. 10. (AB 854) Effective October 11, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] SECTION 42950. Source version: id_d4688f25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.5.&article= Any school district that provided education in kindergarten or grades 1 to 12, inclusive, pursuant to Chapter 12 (commencing with Section 42950) of Part 24, may increase its revenue limit by an amount per unit of average daily attendance not to exceed the reimbursement received under a countywide tax levied for the local share of the revenue limit and for the excess cost of providing special programs for such children pursuant to statutes that existed in this code during the 1976–77 school year. (Added by Stats. 1979, Ch. 247.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] SECTION 42950.2. Source version: id_d4688f27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.5.&article= Notwithstanding Section 42238 or any other provision of law, the revenue limit increases authorized by this chapter shall not be used in the computation of any maximum tax rate. (Added by Stats. 1979, Ch. 247.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] SECTION 42950.3. Source version: id_d4688f29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.5.&article= The provisions of this chapter shall apply only to a school district which, during the 1977–78 school year: (a) Had an enrollment not less than 10 percent of which consisted of children living in residence facilities operated by the University of California for the use of university students and their families. (b) Reported at least 15 different native languages on the 1977 fall season R-30 enrollment and staff data report filed with the Department of Education. (c) Did not receive, and was not entitled to receive, an apportionment of funds under the Bilingual Education Act of 1972 (Article 1 (commencing with Section 52100) of Chapter 7 of Part 28). (Added by Stats. 1979, Ch. 247.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 11.5. Financial Support for Educating Foreign Children [42950 - 42950.4] SECTION 42950.4. Source version: id_d4688f2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=11.5.&article= It is the intent of the Legislature that school districts shall not identify pupils according to their immigration status in carrying out the provisions of this chapter. (Added by Stats. 1979, Ch. 247.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43040. Source version: id_d46a15d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= The provisions of this chapter shall apply only to the Chino Unified School District. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43041. Source version: id_d46b9c79-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= (a) The provisions of this chapter shall govern the collection of special taxes which satisfy all the following requirements: (1) The special tax has been approved, pursuant to Section 4 of Article XIII A of the California Constitution, by two-thirds of the voters of the school district voting upon the proposition to authorize the governing board of the school district to levy the special tax. (2) The special tax is levied against applicants for final building permits which authorize new construction within the school district. (3) The proceeds of the special taxes are used for new school facilities. (b) The sole purpose of this chapter is to govern the collection of legally imposed taxes. This chapter shall not be construed to grant, deny, extinguish, or recognize the authority to impose any tax, or to determine otherwise, expressly or impliedly, the legality of the imposition of any tax or to determine the character of any levy as a special tax or fee. (Amended by Stats. 1987, Ch. 1187, Sec. 2. Effective September 26, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43042. Source version: id_d46d231b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= The governing body of a city or county which includes a school district in which special taxes for new school facilities have been approved shall not issue final building permits until such time as the governing board of such district certifies to the governing body that the special taxes have been paid or that arrangements for payment have been made. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43043. Source version: id_d46d231d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= If a final building permit is issued and the special tax for new school facilities construction has not been paid, the governing board of the district may, after appropriate notice that such tax is due and owing and after a hearing, with notice, on the issue, determine that the amount of the unpaid special tax constitutes a lien on each lot or parcel of land for which a final building permit has been issued and that such amount is now due and owing by the owner of such lot or parcel, as specified on the last equalized assessment roll. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43044. Source version: id_d46d231f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= (a) The notice that the special tax for new school facilities is due and owing shall be published in accordance with Section 6063 of the Government Code, and shall be published prior to the date set for hearing. (b) The notice shall set forth the following information: (1) The special tax for new school facilities is due and owing. (2) The amount of special tax due and owing. (3) A description of the lot or parcel subject to such tax. Such description may be made by reference to a plat or diagram on file in the office of the county recorder, or by reference to maps prepared in accordance with Section 327 of the Revenue and Taxation Code, and on file in the office of the county assessor. (4) The penalty, not to exceed an interest rate of 7 percent per annum, to be charged on the unpaid balance of such tax. (5) Notification that, pending the hearing, the special tax and interest thereon may be determined to constitute a lien against each lot or parcel for which a building permit was issued. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43045. Source version: id_d46d2321-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= (a) At least 10 days prior to the date of hearing, the governing board of the school district shall send written notice of the hearing, by mail, to the owner of each parcel or lot, as specified on the last equalized assessment roll, for which the special tax for new school facilities is due and owing. (b) The notice shall set forth the same information as required by subdivision (b) of Section 43044 and in addition shall set forth the time, date, and place of the hearing. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43046. Source version: id_d46d2323-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= (a) At the time, date, and place stated in the notice prescribed by Section 43045, the governing board of the school district shall hear and consider all objections or protests, if any, to the levy of the special tax, as set forth in such notice, and may continue the hearing from time to time. (b) Upon conclusion of the hearing, the governing board shall determine whether the amount of the unpaid tax and the interest thereon constitutes a lien on the parcel or lot for which the final building permit was issued. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43047. Source version: id_d46d2325-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= (a) Within 30 days after the determination prescribed by paragraph (b) of Section 43046, the governing board of the school district shall record a certified copy of its determination with the county recorder of the county in which the lot or parcel is located. (b) Upon recordation, the determination shall constitute a lien with the force, effect, and priority of a judgment lien. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43048. Source version: id_d46d2327-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= (a) If a lien has been created pursuant to this chapter, the governing board of the school district may, not later than four years after the due date of the last payment of the special taxes which are due and owing, order that the same be collected pursuant to Chapter 1 (commencing with Section 681) of Title 9 of Part 2 of the Code of Civil Procedure. (b) Costs incurred pursuant to this section shall be awarded to the prevailing party. Costs shall be fixed and allowed by the court. Costs shall include reasonable attorneys’ fees, interest, and other charges or advances authorized by law and shall be included in the judgment. The amount of costs, including penalties, shall be calculated up to the date of the judgment. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43049. Source version: id_d46ea9c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= The following is exempt from the special taxes imposed by this chapter: (a) Final permits to construct buildings on property that belongs to a federal agency. (b) Final permits to construct buildings when such buildings are exempt from taxation under subdivisions (a) to (g), inclusive, of Section 3 of, and subdivisions (b) and (c) of Section 4 of, Article XIII of the California Constitution. (c) Final permits to construct buildings when the governing board of the school district certifies that satisfactory arrangements have been made between the governing board and the final building permit applicant to provide sufficient new school facilities for the district. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43050. Source version: id_d46ea9cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= When the proceeds of special taxes are used for construction of new school facilities, the State Allocation Board shall approve such construction, in accordance with building area and cost standards adopted by the board. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43051. Source version: id_d46ea9cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= As to elections held after the effective date of this section, the governing board of the school district shall, prior to ordering an election, adopt a schedule that specifies the use of the proceeds of the special taxes. Such schedule shall include, but not be limited to, school sites proposed to be acquired and facilities proposed to be constructed. Such schedule shall be reviewed and updated at least annually. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 15. Voter-Approved Special Taxes for New School Facilities [43040 - 43052] SECTION 43052. Source version: id_d46ea9cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=15.&article= Each governing board of a school district that receives the proceeds of special taxes pursuant to this chapter shall maintain a separate account for any such taxes paid and shall adopt a report, at the end of each fiscal year, showing the balance of such account, the school sites purchased during the previous fiscal year, and the facilities purchased or constructed during the previous fiscal year. Such report shall be adopted by September 1 of each year. (Added by Stats. 1980, Ch. 489, Sec. 1. Effective July 13, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 2. Determination of Minimum Level of Education Funding [41203 - 41207] SECTION 41203. Source version: id_d381d8ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=2.&article= Any calculation of the monies to be applied by the state for the support of school districts and community college districts, pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, shall be made as a single, aggregate calculation for the school districts serving kindergarten and grades 1 to 12, inclusive, for the community college districts, and for the direct elementary and secondary level instructional services provided by the State of California. (Added by Stats. 1989, Ch. 82, Sec. 8. Effective June 30, 1989. See same-numbered section in the prevailing Chapter 2 added by Stats. 1989, Ch. 83.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 2. Determination of Minimum Level of Education Funding [41203 - 41207] SECTION 41204. Source version: id_d381d8ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=2.&article= (a) It is the intent of the Legislature, pursuant to “The Classroom Instructional Improvement and Accountability Act,” that school districts, as defined in Section 41302.5, and community college districts, as constituted during 1986–87 fiscal year, annually receive a basic minimum portion of the revenues that were deposited to the General Fund in that year. (b) In recognition of this intent, it is further the intent of the Legislature that both houses and the Governor be guided by the following: (1) If the revenues of a tax that were deposited in the General Fund in the 1986–87 fiscal year are redirected to any local governmental entity, then the percentages of General Fund revenues required to be applied by the state for the support of school districts, community college districts, and state agencies providing direct elementary and secondary level instructional services shall be recalculated as if those revenues were not deposited in the General Fund in the 1986–87 fiscal year. (2) If the allocated local proceeds of taxes, as defined by subdivisions (g) and (h) of Section 41202, received by a school district or community college district during the 1986–87 fiscal year, are redirected to other entities or statutorily or constitutionally reduced or eliminated, the additional General Fund support provided to replace the allocated local proceeds of taxes may not be counted as General Fund revenues required to be applied for the support of school districts, community college districts, and state agencies providing direct elementary and secondary level instructional services pursuant to paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, unless the percentage of General Fund revenues appropriated to school districts, community college districts, and state agencies providing direct elementary and secondary level instructional services in the 1986–87 fiscal year is adjusted to reflect the amount of General Fund support that would have been provided in the 1986–87 fiscal year had the allocated local proceeds of taxes been correspondingly reduced. (c) No appropriation of funding to be allocated to school districts, as defined in Section 41302.5, or community college districts, for the support of any program or activity of either or both of those entities, that is not an ordinary or historical responsibility of one or both of those entities shall be credited toward the state’s funding obligation under subdivision (b) of Section 8 of Article XVI of the California Constitution. (Added by Stats. 1989, Ch. 82, Sec. 8. Effective June 30, 1989. See same-numbered section in the prevailing Chapter 2 added by Stats. 1989, Ch. 83.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 2. Determination of Minimum Level of Education Funding [41203 - 41207] SECTION 41207. Source version: id_878298a0-976b-11dc-b61e-ce9cbb2183f0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=2.&article= This chapter shall remain in effect only until July 1, 1990, and as of that date is repealed, unless Senate Constitutional Amendment No. 1 is ratified by the voters at the statewide election to be held on June 5, 1990. (Added by Stats. 1989, Ch. 82, Sec. 8. Effective June 30, 1989. See same-numbered section in the prevailing Chapter 2 added by Stats. 1989, Ch. 83. Note: Repeal condition failed; SCA 1 was adopted June 5, 1990, as Prop. 111.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41300. Source version: id_d38c8685-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. Commencing with July 1, 1980, the amount transferred to Section A of the State School Fund pursuant to subdivision (a) of Section 14002 shall be expended for basic aid, equalization aid, allowances for adults, and allowances to the county school tuition funds to be apportioned on account of average daily attendance. (Amended by Stats. 1979, Ch. 282.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41300.1. Source version: id_89928508-e36e-11db-83fe-f40e3ef2b1fc Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. Instructional Improvement and Accountability. The amount transferred to Section A of the State School Fund pursuant to Section 8.5 of Article XVI of the State Constitution shall to the maximum extent feasible be expended or encumbered during the fiscal year received and solely for the purpose of instructional improvement and accountability. (a) For the purpose of this section, “instructional improvement and accountability” shall mean expenditures for instructional activities for school sites which directly benefit the instruction of students, and shall be limited to expenditures for the following: (1) Lower pupil-teacher ratios until a ratio is attained of not more than 20 students per teacher providing direct instruction in any class, and until a goal is attained of total teacher loads of less than 100 total students per teacher in all secondary school classes in academic subjects as defined by the Superintendent of Public Instruction. (2) Instructional supplies, instructional equipment, instructional materials and support services necessary to improve school conditions. (3) Direct student services needed to ensure that each student makes academic progress necessary to be promoted to the next appropriate grade level. (4) Staff development which improves services to students or increases the quality and effectiveness of instructional staff, designed and implemented by classroom teachers and other participating school district personnel, including the school principal, with the aid of outside personnel as necessary. Classroom teachers shall comprise the majority of any group designated to design such staff development programs for instructional personnel. (5) Compensation of teachers. (b) Funds transferred to each school district, pursuant to this section shall be deposited in a separate account and shall be maintained and appropriated separately from funds from all other sources. Funds appropriated pursuant to this section shall supplement other resources of each school district and shall not supplant any other funds. (Added November 8, 1988, by initiative Proposition 98, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41301. Source version: id_d38c8689-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. The amount transferred to Section A of the State School Fund pursuant to Section 14002 and Section 14004 shall be expended in accordance with the following schedule: (a) Twenty-six dollars and ninety-five cents ($26.95) multiplied by the total average daily attendance credited during the preceding school year to elementary school districts which during the preceding school year had less than 901 units of average daily attendance, to high school districts which during the preceding school year had less than 301 units of average daily attendance, and to unified districts which during the preceding school year had less than 1,501 units of average daily attendance, but not to exceed an amount equal to ninety-nine cents ($0.99) multiplied by the average daily attendance credited during the preceding fiscal year to all elementary, high, and unified school districts and to all county superintendents of schools in the state, for allowance to county school service funds pursuant to subdivision (a) of Section 14054. Commencing with the 1980–81 fiscal year, the amounts in this subdivision shall be increased annually by the same percentage prescribed by Section 14002.5. (b) Fourteen dollars and thirty-five cents ($14.35) multiplied by the total average daily attendance credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, during the preceding school year for the purposes of Article 10 (commencing with Section 41850) of Chapter 5 of this part. (c) Thirty-eight dollars and thirty cents ($38.30) multiplied by the total average daily attendance credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, during the preceding school year, for the purposes of Article 3 (commencing with Section 56030) of Chapter 1, Chapter 3 (commencing with Section 56500), Chapter 5 (commencing with Section 56700) of Part 30 of Division 4 of this title, and Sections 41863, 41866, 41892, and 41897. (d) Four dollars and fifty cents ($4.50) multiplied by the total average daily attendance credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state during the preceding school year for allowances to county school service funds pursuant to subdivision (b) of Section 14054. Commencing with the 1980–81 fiscal year, the amount in this subdivision shall be increased by the same percentage allowed in Section 14002.5. (e) Three dollars and sixty-nine cents ($3.69) multiplied by the average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state for allowances to school districts for the purposes of Section 52205. The amount in this subdivision shall be annually increased by the percentage specified in subdivision (e) of Section 14002. (f) One thousand three hundred sixty-four dollars and seventy-one cents ($1,364.71) multiplied by the average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state during the preceding school year for basic aid, equalization aid, allowances for adults, and allowances to the county school tuition funds to be apportioned on account of average daily attendance. The amount expended pursuant to this subdivision shall be annually revised to reflect the adjustment prescribed by subdivision (e) of Section 14002. (g) Twenty dollars and seventy cents ($20.70) multiplied by the average daily attendance during the preceding school year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state for purposes of Chapter 4 (commencing with Section 56600) of Part 30 of Division 4 of this title. (h) Ninety cents ($0.90) multiplied by the average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state for purposes of Article 8 (commencing with Section 8150) of Chapter 1 of Part 6. (Amended by Stats. 1980, Ch. 1354, Sec. 37.46. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41302.5. Source version: id_70ea7ceb-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. For the purposes of Section 8 and Section 8.5 of Article XVI of the California Constitution, “school districts” shall include county boards of education, county superintendents of schools, and direct elementary and secondary level instructional services provided by the state, including the Diagnostic Schools for Neurologically Handicapped Children as established pursuant to Article 1 (commencing with Section 59200) of Chapter 3 of Part 32. (Amended by Stats. 1992, Ch. 703, Sec. 5. Effective September 15, 1992. Note: This section was added on Nov. 8, 1988, by initiative Prop. 98.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41303. Source version: id_f9acbd7b-e381-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. The Superintendent shall report to the Controller, on or before the 20th day of October of each year, the total average daily attendance during the preceding fiscal year credited to all kindergarten, including average daily attendance for transitional kindergarten, elementary, high school, and adult schools in the state and to county school tuition funds. (Amended by Stats. 2013, Ch. 47, Sec. 23. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41304. Source version: id_d38f93d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. (a) There is appropriated annually from the Driver Training Penalty Assessment Fund to the General Fund in the State Treasury and from the General Fund to the California Energy Extension Service of the Office of Planning and Research a sum as necessary to establish and maintain a unit for driver instruction within the State Department of Education as set forth in Section 41904. (b) In addition, subject to Section 41305, there shall be appropriated from the Driver Training Penalty Assessment Fund to the General Fund, then to the State School Fund each fiscal year, the sum the Superintendent of Public Instruction certifies as necessary to reimburse on a quarterly basis for each current fiscal year school districts, county superintendents of schools, the Department of the Youth Authority, and the State Department of Education for the actual cost of instructing pupils in the operation of motor vehicles. The amount shall not exceed ninety-seven dollars ($97) per pupil instructed in the laboratory phase of driver education in accordance with the rules and regulations of the State Board of Education. (c) Subject to Section 41305, there shall also be appropriated from the Driver Training Penalty Assessment Fund the sum the Superintendent of Public Instruction shall certify as necessary to reimburse on a quarterly basis for each current fiscal year school districts, county superintendents of schools, the Department of the Youth Authority, and the State Department of Education for the actual cost of replacing vehicles and simulators used exclusively in the laboratory phase of driver education programs, but the amount shall not exceed three-fourths of that part of the actual cost of instructing pupils in the laboratory phase of driver education which is: (1) in excess of ninety-seven dollars ($97) per pupil instructed, and (2) expended by the district, the county superintendent of schools, the Department of the Youth Authority, and the State Department of Education in replacing the vehicles and simulators. Reimbursement for vehicles shall be computed for only that portion of the total mileage used exclusively in the laboratory phase of driver education programs. (d) In addition, subject to Section 41305, there shall be provided from the Petroleum Violation Escrow Account to the General Fund, then to the State School Fund each fiscal year the sum the Superintendent of Public Instruction certifies as necessary to reimburse on a quarterly basis for each current fiscal year school districts, county superintendents of schools, the Department of the Youth Authority, and the State Department of Education for the costs of fitting automobile driver training vehicles with the instrumentation required under Section 51854 and to reimburse on a quarterly basis for each current fiscal year school districts for the costs of transferring instrumentation providing instructional information on fuel consumption and vehicle fuel efficiency from one automobile driver training vehicle to another under Section 51854. (e) In addition, subject to Section 41305, there shall be appropriated from the Petroleum Violation Escrow Account to the Driver Training Penalty Assessment Fund and from the Driver Training Penalty Assessment Fund to the General Fund, then to the Superintendent of Public Instruction each fiscal year the sum the Superintendent of Public Instruction certifies as necessary to reimburse on a quarterly basis for each current fiscal year the State Department of Education for the costs of workshops conducted by the department under Section 51854. (f) For purposes of computing reimbursement, whenever a school district, a county superintendent of schools, the Department of the Youth Authority, or the State Department of Education replaces a driver training vehicle or simulator purchased by the district with a vehicle or simulator that is a gift or loan, the purchase price of the new or acquired equipment shall be deemed to be the market value of the vehicle or simulator acquired through a gift or loan. A simulator is any device approved by the State Department of Education to be used in classrooms for purposes of laboratory instruction under simulated driving conditions. (Amended by Stats. 1989, Ch. 924, Sec. 1. Operative July 1, 1990, by Sec. 6 of Ch. 924.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41305. Source version: id_d38f93d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. The amounts provided under Section 41304 for any fiscal year shall be limited to the amounts appropriated in the annual Budget Act for the purposes of that section, and shall not exceed an amount equal to the sum of the moneys credited to the Driver Training Penalty Assessment Fund in the State Treasury during the preceding fiscal year and the amount by which the deposits in the Driver Training Penalty Assessment Fund on or after September 15, 1961, have exceeded the amounts required to reimburse the General Fund on account of transfers made after that date. (Amended by Stats. 1994, Ch. 146, Sec. 28. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41306. Source version: id_a9712f4a-47eb-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. The Superintendent of Public Instruction shall also allow as otherwise provided in Section 41304 for the driver training instruction necessary to be safely tested for a driver’s license at the Department of Motor Vehicles, those physically handicapped pupils, pupils with intellectual disabilities who come within the provisions of former Section 56501, as amended by Chapter 1247 of the Statutes of 1977, and educationally handicapped pupils who are in attendance in a public secondary school in California that offers qualified instruction, and who may qualify for a driver’s license, or other license, issued by the Department of Motor Vehicles, a total allowance not to exceed two hundred ninety dollars ($290) including the reimbursement provisions set forth in Section 41900 to each school district and county superintendent of schools. All driver training for pupils herein described shall be provided by qualified teachers, as defined by Sections 41906 and 41907. This section may not be applied if reimbursement allowable under Sections 41900 to 41912, inclusive, is sufficient to meet the total cost of instruction as herein described. It is the intent of the Legislature that driver training instruction be provided to pupils as a part of the high school curriculum, and the Legislature finds and declares that exceptional children are entitled to the benefit of that instruction so far as their individual capabilities permit, understanding that those pupils herein described often require individualized and amplified driver training instruction in order to succeed in becoming safe operators of motor vehicles. Since without a means of self-transportation much of the overall program of education and rehabilitation provided for by the Legislature would be of little avail to the person without the mobility required to become a productive and well-adjusted member of society, the Legislature further declares that it is incumbent upon the state to share in the cost of providing a most needed and desirable program of driver training instruction for these exceptional children. (Amended by Stats. 2012, Ch. 457, Sec. 10. (SB 1381) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41307. Source version: id_d3911a77-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. In addition there shall be provided such amount as the Superintendent of Public Instruction shall certify as necessary to provide the allowances to school districts during each fiscal year under the provisions of Sections 41932 to 41936, inclusive. Such amount is hereby appropriated from the Investment Fund in the State Treasury and shall be transferred therefrom to the State School Fund by the State Controller each fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41308. Source version: id_d3911a79-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. Each pregnant pupil enrolled in any program for physically handicapped pupils maintained by a county superintendent of schools, whose only condition for being enrolled in such a program is her pregnancy, shall be allowed to enroll in automobile driver training provided by the school district of residence; however, the school district shall receive, for the driver training instruction of the pupil, only the driver training allowances authorized by Section 41900 and shall not receive, for the driver training instruction of the pupil, driver training allowances authorized by Section 41306. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] SECTION 41311. Source version: id_d3911a7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=1. It is the intent of the Legislature that the Child Nutrition Program shall provide permanent financial assistance to eligible school districts, county superintendents of schools, local agencies, private schools, parochial schools, and child development programs, for implementing the school meal program. That financial assistance shall be used to reimburse the cafeteria account of school districts, county superintendents of schools, local agencies, private schools, parochial schools, and child development programs, based upon the number of qualifying meals served to students. (Amended by Stats. 1985, Ch. 1546, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2. Emergency Apportionments [41320 - 41322] SECTION 41320. Source version: id_ef232afc-bd07-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2. As a condition to any emergency apportionment to be made pursuant to Section 41320.2, the following requirements shall be met: (a) The school district requesting the apportionment shall submit to the county superintendent of schools having jurisdiction over the school district a report issued by an independent auditor approved by the county superintendent of schools on the financial conditions and budgetary controls of the school district, a written management review conducted by a qualified management consultant approved by the county superintendent of schools, and a fiscal plan adopted by the governing board to resolve the financial problems of the school district. (b) The county superintendent of schools shall review, and provide written comment on, the independent auditor’s report, the management review, and the school district plan. That written comment shall include the county superintendent’s approval or disapproval of the school district plan. In the event the county superintendent disapproves the plan, the governing board shall revise the school district plan to respond to the concerns expressed by the county superintendent. (c) Upon his or her approval of the school district plan, the county superintendent of schools shall submit copies of the report, review, plan, and written comments specified in subdivision (b) to the Superintendent, the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, the Director of Finance, the president of the state board or his or her designee, and the Controller. (d) The school district receiving the apportionment shall be eligible for assistance from the California Collaborative for Educational Excellence pursuant to Section 52074. (e) The county superintendent of schools, with the concurrence of the Superintendent, shall certify to the Director of Finance that the action taken to correct the financial problems of the school district is realistic and will result in placing the school district on a sound financial basis. (f) The school district shall develop a schedule to repay the emergency loan, including any lease financing pursuant to Article 2.7 (commencing with Section 41329.50), and submit it to the county superintendent of schools. The county superintendent of schools shall review and comment on the repayment schedule and submit it to the Superintendent for approval or disapproval. Upon the approval of the repayment schedule, and of the other reports, reviews, plans, and the appointment of the trustee required by this article, the Superintendent shall request the Controller to disburse the proceeds of the emergency loan to the school district. (g) The school district requesting the apportionment shall reimburse the county superintendent of schools for the costs incurred by the superintendent pursuant to this section. (Amended by Stats. 2018, Ch. 426, Sec. 6. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2. Emergency Apportionments [41320 - 41322] SECTION 41320.1. Source version: id_25edf65e-bd08-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2. Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following conditions: (a) The county superintendent of schools, the Superintendent, and the president of the state board or his or her designee shall, by majority vote, appoint a trustee from a pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team pursuant to subdivision (b) who has recognized expertise in management and finance and may employ, on a short-term basis, staff necessary to assist the trustee, including, but not limited to, certified public accountants, as follows: (1) The expenses incurred by the trustee and necessary staff shall be borne by the school district. (2) The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, shall establish the terms and conditions of the employment, including the remuneration of the trustee. The trustee shall report directly to the county superintendent of schools. The county superintendent of schools shall provide regular updates to the Superintendent and the president of the state board or his or her designee regarding the work of the trustee. (3) The trustee, and necessary staff, shall serve until the school district has adequate fiscal systems and controls in place, the Superintendent has determined that the school district’s future compliance with the fiscal plan approved for the school district pursuant to Section 41320 is probable, and the county superintendent of schools, the Superintendent, and the president of the state board or his or her designee decide to terminate the trustee’s appointment, but in no event for less than three years. The county superintendent of schools shall notify the Legislature, the Department of Finance, and the Controller no less than 60 days before the time that the county superintendent of schools expects these conditions to be met. (4) Before the school district repays the loan, including interest, the recipient of the loan shall select an auditor from a list established by the Superintendent and the Controller to conduct an audit of its fiscal systems. If the fiscal systems are deemed to be inadequate, the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, may retain the trustee until the deficiencies are corrected. The cost of this audit and any additional cost of the trustee shall be borne by the school district. (5) Notwithstanding any other law, all reports submitted to the trustee are public records. (6) To facilitate the appointment of the trustee and the employment of necessary staff, this section is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (7) If the trustee appointed pursuant to this section is an employee of the department, the salary and benefits of that employee shall be established by the Superintendent and paid by the school district. During the time of appointment, the employee is an employee of the school district, but shall remain in the same retirement system under the same plan as if the employee had remained in the department. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the department. The time served in the appointment shall be counted for all purposes as if the employee had served that time in his or her former position with the department. (b) The County Office Fiscal Crisis and Management Assistance Team, when selecting the pool of candidates for trustee, shall consider candidates’ expertise in management and finance, previous experience mitigating fiscal distress in school districts, and ability to meaningfully engage with the community that the school district serves, and shall provide an opportunity for public input on the selection of the pool of candidates for trustee. (c) (1) The trustee appointed pursuant to this section shall monitor and review the operation of the school district. During the period of his or her service, the trustee may stay or rescind an action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district. (2) After the trustee’s period of service, and until the loan is repaid, the county superintendent of schools that has jurisdiction over the school district may stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The county superintendent of schools shall notify the Superintendent and the president of the state board or his or her designee, within five business days, if he or she stays or rescinds an action of the governing board of the school district. The notice shall include, but not be limited to, both of the following: (A) A description of the governing board of the school district’s intended action and its financial implications. (B) The rationale and findings that support the county superintendent of school’s decision to stay or rescind the action of the governing board of the school district. (3) If the county superintendent of schools notifies the Superintendent and the president of the state board or his or her designee pursuant to paragraph (2), the county superintendent of schools shall report to the Legislature, pursuant to Section 9795 of the Government Code, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district. (4) The county superintendent of schools, with concurrence from the Superintendent, may establish timelines and prescribe formats for reports and other materials to be used by the trustee to monitor and review the operations of the school district. The trustee shall approve or reject all reports and other materials required from the school district as a condition of receiving the apportionment. The Superintendent, upon the recommendation of the trustee, may reduce an apportionment to the school district in an amount up to two hundred dollars ($200) per day for each late or unacceptable report or other material required under this part, and shall report to the Legislature a failure of the school district to comply with the requirements of this section. If the county superintendent of schools determines, at any time, that the fiscal plan approved for the school district under Section 41320 is unsatisfactory, he or she may modify the plan as necessary, with concurrence from the Superintendent, and the school district shall comply with the plan as modified. (d) At the request of the county superintendent of schools, with approval from the Superintendent, the Controller shall transfer to the department, from an apportionment to which the school district would otherwise have been entitled pursuant to Section 42238.02, as implemented by Section 42238.03, the amount necessary to pay the expenses incurred by the trustee and associated costs incurred by the county superintendent of schools. (e) For the fiscal year in which the apportionments are disbursed and every year thereafter, the Controller, or an auditor that is designated by the Controller as both active and able to perform K–12 local education agency audits, shall cause an audit to be conducted of the books and accounts of the school district, in lieu of the audit required by Section 41020. At the Controller’s discretion, the audit may be conducted by the Controller, his or her designee, an auditor that is designated by the Controller as both active and able to perform K–12 local education agency audits, or an auditor selected by the school district and approved by the Controller. The costs of these audits shall be borne by the school district. These audits shall be required until the Controller determines, in consultation with the county superintendent of schools and the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the plan or later than the time the apportionment made is repaid, including interest. The auditor selected pursuant to this subdivision, if any, the county superintendent of schools, a County Office Fiscal Crisis and Management Assistance Team representative, the Superintendent, and the school district superintendent, or their respective designees, shall meet before the audit to discuss the terms of the audit and the timeline under which it will proceed. In addition, the Controller shall conduct quality control reviews pursuant to subdivision (c) of Section 14504.2. (f) For purposes of errors and omissions liability insurance policies, the trustee appointed pursuant to this section is an employee of the local educational agency to which he or she is assigned. For purposes of workers’ compensation benefits, the trustee is an employee of the local educational agency to which he or she is assigned, except that a trustee appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes. (g) Except for an individual appointed by the vote pursuant to subdivision (a) as a trustee described in paragraph (7) of subdivision (a), the trustee appointed pursuant to this section is a member of the State Teachers’ Retirement System, if qualified, for the period of service as trustee, unless the trustee elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the trustee chooses to become a member or is already a member, the trustee shall be placed on the payroll of the school district for the purpose of providing appropriate contributions to the system. The Superintendent may also require that an individual appointed as a trustee described in paragraph (7) of subdivision (a) be placed on the payroll of the school district for purposes of remuneration, other benefits, and payroll deductions. For purposes of workers’ compensation benefits, the state-appointed trustee is deemed an employee of the local educational agency to which he or she is assigned, except that a trustee who is described in paragraph (7) of subdivision (a) is an employee of the department for those purposes. (Amended by Stats. 2018, Ch. 426, Sec. 7. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2. Emergency Apportionments [41320 - 41322] SECTION 41320.2. Source version: id_d392a123-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2. (a) The governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations may request an emergency apportionment through the Superintendent of Public Instruction subject to the requirements and repayment provisions of this article and Article 2.7 (commencing with Section 41329.50). (b) It is not the intent of the Legislature that this section authorize emergency loans to school districts for the purpose of meeting cashflow requirements pending the receipt of local taxes and other funds. (c) It is the intent of the Legislature that emergency apportionments, as described in this section, not occur, unless funds have been specifically appropriated therefor by the Legislature. (Amended by Stats. 2004, Ch. 263, Sec. 3. Effective August 23, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2. Emergency Apportionments [41320 - 41322] SECTION 41321. Source version: id_5f3644e0-bd08-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2. (a) On or before October 31 of the year following receipt of an emergency apportionment, and each year thereafter, until the emergency apportionment, including interest, is repaid, the governing board of the school district shall prepare a report on the financial condition of the school district. The report shall include, but not necessarily be limited to, all of the following information: (1) Specific actions taken to reduce expenditures or increase income, and the cost savings and increased income resulting from those actions. (2) A copy of the adopted budget for the current fiscal year. (3) Reserves for economic uncertainties. (4) Status of employee contracts. (5) Obstacles to the implementation of the adopted recovery plan. (b) The school district shall submit the report to the trustee for review. Upon the trustee’s approval of the report, the school district shall transmit copies to the county superintendent of schools, the Superintendent, the president of the state board or his or her designee, and the Controller. (Amended by Stats. 2018, Ch. 426, Sec. 8. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2. Emergency Apportionments [41320 - 41322] SECTION 41322. Source version: id_d39427c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2. (a) If a trustee has been appointed over a school district pursuant to Section 41320.1, the trustee may stay or rescind the actions of the personnel commission of the school district if a personnel commission exists. (b) If an administrator has been appointed over a school district pursuant to Section 41326, the administrator shall suspend the actions of the personnel commission of the school district if a personnel commission exists. (Added by Stats. 1993, Ch. 924, Sec. 7. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] SECTION 41325. Source version: id_97cea352-bd08-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.5. (a) The Legislature finds and declares that when a school district becomes insolvent and requires an emergency apportionment from the state in the amount designated in this article, it is necessary that the county superintendent of schools, under the supervision of the Superintendent, assume control of the school district in order to ensure the school district’s return to fiscal solvency. (b) It is the intent of the Legislature that an administrator, appointed pursuant to Section 41326, do all of the following: (1) Implement substantial changes in the school district’s fiscal policies and practices, including, if necessary, the filing of a petition under Chapter 9 of the federal Bankruptcy Code for the adjustment of indebtedness. (2) Revise the school district’s educational program to reflect realistic income projections, in response to the dramatic effect of the changes in fiscal policies and practices upon educational program quality and the potential for the success of all pupils. (3) Encourage all members of the school community to accept a fair share of the burden of the school district’s fiscal recovery. (4) Consult, for the purposes described in this subdivision, with the school district governing board, the exclusive representatives of the employees of the school district, parents, and the community. (5) Consult with and seek recommendations from the county superintendent of schools and the Superintendent for the purposes described in this subdivision. (c) For purposes of this article, the county superintendent of schools, the Superintendent, and the president of the state board or his or her designee may also appoint a trustee with the powers and responsibilities of an administrator, as set forth in this article. (Amended by Stats. 2018, Ch. 426, Sec. 9. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] SECTION 41326. Source version: id_ca723334-bd08-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.5. (a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision. (b) The county superintendent of schools shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, shall appoint an administrator from a pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team pursuant to subdivision (c) to exercise the authority described in this subdivision in accordance with all of the following: (1) The administrator shall serve under the direction and supervision of the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, until terminated by the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, at their discretion. (2) The administrator shall have recognized expertise in management and finance. (3) To facilitate the appointment of the administrator and the employment of necessary staff, this section is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (4) Notwithstanding any other law, if an employee of the state or the office of the county superintendent of schools is appointed to act as administrator pursuant to this section, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district during the tenure of his or her appointment, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools. (5) Except for an individual appointed as an administrator by the county superintendent of schools who is described in and subject to paragraph (4), the administrator shall be a member of the State Teachers’ Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions. (6) For purposes of workers’ compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator described in and subject to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable. (7) The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies. (8) The salary and benefits of the administrator shall be established by the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, and paid by the qualifying school district. (9) The county superintendent of schools or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant. (10) The administrator may do all of the following: (A) Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness. (B) Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards. (C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district. (D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community. (E) Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article. (F) Upon approval by the county superintendent of schools, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1. (G) Request the advice and assistance of the California Collaborative for Educational Excellence. (c) The County Office Fiscal Crisis and Management Assistance Team, when selecting the pool of candidates for administrator, shall consider candidates’ expertise in management and finance, previous experience mitigating fiscal distress in school districts, and ability to engage meaningfully with the community that the school district serves, and shall provide an opportunity for public input on the selection of the pool of candidates for administrator. (d) (1) Except as provided for in paragraph (2), the period of time during which the county superintendent of schools exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the administrator appointed pursuant to subdivision (b), and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district. (2) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship. (B) An advisory evaluation of an administrator shall focus on the administrator’s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following: (i) Goals and standards consistent with Section 41327.1. (ii) Commendations in the areas of the administrator’s strengths and achievements. (iii) Recommendations for improving the administrator’s effectiveness in areas of concern and unsatisfactory performance. (C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, pursuant to Section 9795 of the Government Code, the Superintendent, the president of the state board or his or her designee, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team. (3) Upon the appointment of an administrator pursuant to this section, the district superintendent of schools is no longer an employee of the qualifying school district. (4) A determination of the severance compensation for the district superintendent of schools shall be made pursuant to subdivision (k). (e) Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency. (f) The authority of the county superintendent of schools, the Superintendent, the president of the state board or his or her designee, and the administrator, under this section shall continue until all of the following occur: (1) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the county superintendent of schools, the Superintendent, and the president of the state board or his or her designee, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. (B) The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the county superintendent of schools, with concurrence from the Superintendent. (2) The county superintendent of schools, with concurrence from the Superintendent, has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school district’s progress in implementing the improvement plans. (3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans. (4) The qualifying school district has completed all reports required by the county superintendent of schools and the administrator. (5) The county superintendent of schools, with concurrence from the Superintendent, determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. (g) When the conditions stated in subdivision (f) have been met, and at least 60 days after the county superintendent of schools has notified the Legislature, pursuant to Section 9795 of the Government Code, the Department of Finance, the Superintendent, the president of the state board or his or her designee, and the Controller that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The parties specified in Section 41320.1 shall appoint a trustee under that section to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met. (h) Notwithstanding subdivision (g), if the qualifying school district violates a provision of the recovery plans approved by the county superintendent of schools, with concurrence from the Superintendent, pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee’s appointment, the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later. (i) Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article. (j) It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school district’s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district. (k) (1) The district superintendent of schools is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent of schools shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation. (2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004. (l) (1) When the county superintendent of schools assumes control over a qualifying school district pursuant to subdivision (b), the County Office Fiscal Crisis and Management Assistance Team shall review the fiscal oversight of the qualifying school district by the county superintendent of schools. The County Office Fiscal Crisis and Management Assistance Team may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review. (2) Within three months of the county superintendent of schools assuming control over a qualifying school district, the County Office Fiscal Crisis and Management Assistance Team shall report its findings to the Legislature, pursuant to Section 9795 of the Government Code, and shall provide a copy of that report to the Department of Finance, the Superintendent, and the president of the state board or his or her designee. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight. (3) In the year following the completion of the report required in paragraph (2), the County Office Fiscal Crisis and Management Assistance Team shall begin annual reviews of the effectiveness of the oversight of the qualifying school district by the county office of education. (4) If, after performing the duties described in paragraphs (1), (2), and (3), the County Office Fiscal Crisis and Management Assistance Team determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent, with the concurrence of the president of the state board or his or her designee, may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. The Superintendent and the president of the state board or his or her designee shall further require the county superintendent of schools to demonstrate remediation of deficiencies identified in reports required in paragraphs (2) and (3). If the Superintendent finds, based on the reports required in paragraphs (2) and (3), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications. (Amended by Stats. 2018, Ch. 426, Sec. 10. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] SECTION 41326.1. Source version: id_20071a17-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.5. Within 30 days of assuming authority, an administrator who has control over a school district pursuant to Section 41326 shall discuss options for resolving the fiscal problems of the district with all of the following groups and shall consider, on a monthly basis, or more frequently if so desired by the administrator, information from one or more of the following groups: (a) The governing board of the school district. (b) Any advisory council of the school district. (c) Any parent-teacher organization of the school district. (d) Representatives from the community in which the school district is located. (e) The district administrative team. (f) The County Office Fiscal Crisis and Management Assistance Team. (g) Representatives of employee bargaining units. (h) The county superintendent of schools. (Amended by Stats. 2005, Ch. 22, Sec. 36. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] SECTION 41327. Source version: id_fd59d0f6-bd08-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.5. (a) In accordance with timelines, instructions, and a format established by the county superintendent of schools, with concurrence from the Superintendent, the administrator appointed pursuant to subdivision (b) of Section 41326 shall prepare or obtain the following reports and plans: (1) A management review and recovery plan. (2) A multiyear financial recovery plan. The multiyear financial recovery plan shall include a plan, to be submitted annually on or before July 1, to repay to the state any and all loans owed by the school district. (3) During the period of service by the administrator appointed pursuant to subdivision (b) of Section 41326, an annual report on the financial condition of the school district, including, but not necessarily limited to, all of the following information: (A) Specific actions taken to reduce school district expenditures or increase income to the school district, and the amount of the resulting cost savings and increases in income. (B) A copy of the adopted school district budget for the current fiscal year. (C) The amount of the school district budgetary reserve. (D) The status of employee contracts. (E) Any obstacles to the implementation of the recovery plans described in paragraphs (1) and (2). (b) Each of the reports or plans required under this section, or under any other law that requires the school district to prepare reports or plans, shall be submitted to the county superintendent of schools for approval, with concurrence from the Superintendent. The county superintendent of schools may accept and approve, for the purposes of this section, any reports or plans that were prepared by or for the school district prior to the school district’s acceptance of a loan as described in subdivision (a) of Section 41326. (c) With the approval of the county superintendent of schools, the administrator appointed pursuant to subdivision (b) of Section 41326 may enter into agreements on behalf of the school district and, subject to any contractual obligation of the school district, change any existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in subdivision (a). (d) The County Office Financial Crisis and Management Assistance Team shall do an annual review of the progress made with regard to the recovery plans required by subdivision (a), and submit that review to the county superintendent, the Superintendent, and the president of the state board or his or her designee. (Amended by Stats. 2018, Ch. 426, Sec. 11. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] SECTION 41327.1. Source version: id_22893675-c130-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.5. (a) The state board shall adopt and may periodically update by regulation a comprehensive list of professional and legal standards that all school districts are encouraged to use as a guide to conduct a good educational program and fiscal and management practices that shall be used as the basis of evaluating the improvement of qualifying school districts pursuant to this article. These standards shall, at a minimum, address all of the following areas: (1) Financial management. (2) Pupil achievement. (3) Personnel management. (4) Facilities management. (5) Community relations. (b) If an administrator is appointed pursuant to Section 41326, the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 shall conduct comprehensive assessments in the five areas specified in subdivision (a). (c) After the assessments specified in subdivision (b) are completed, the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, the Superintendent, and the president of the state board or the president’s designee, shall determine, based upon the school district’s particular needs and circumstances, the level of improvement needed in the standards adopted pursuant to subdivision (a) before local authority will be returned pursuant to subdivision (g) of Section 41326. Based upon this determination, the County Office Fiscal Crisis and Management Assistance Team shall complete improvement plans in the five areas specified in subdivision (a) that focus on the agreed upon standards, and that are consistent with the financial improvement plan. (d) Beginning six months after an emergency loan is approved, and annually thereafter until local authority is returned pursuant to subdivision (g) of Section 41326, the County Office Fiscal Crisis and Management Assistance Team shall file a written status report with the appropriate fiscal and policy committees of the Legislature, the Members of the Legislature that represent the qualifying school district, any advisory council of the school district, the Superintendent, the county superintendent of schools, and the Director of Finance. The reports shall indicate the progress that the school district is making in meeting the recommendations of the improvement plans developed pursuant to this section. (e) If the County Office Fiscal Crisis and Management Assistance Team indicates in writing that it has insufficient resources to complete the comprehensive assessments, improvement plans, and progress reports required pursuant to this section, the county superintendent of schools shall request proposals to complete these tasks, and subject to the approval of the Department of Finance, select an entity to complete the tasks assigned to the County Office Fiscal Crisis and Management Assistance Team pursuant to this section. (Amended by Stats. 2020, Ch. 24, Sec. 21. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] SECTION 41327.2. Source version: id_6a3825aa-bd09-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.5. (a) The appointment of an administrator pursuant to Section 41326 does not remove any statutory rights, duties, or obligations from the county superintendent of schools. The county superintendent of schools retains the responsibility to superintend school districts under his or her jurisdiction. (b) The county superintendent of schools shall submit reports to the Superintendent, the president of the state board or his or her designee, the appropriate fiscal and policy committees of the Legislature, and the Director of Finance subsequent to review by the county superintendent of schools of the school district’s budget and interim reports in accordance with subdivision (d) of, and paragraph (1) of subdivision (f) of, Section 42127, and paragraph (2) of subdivision (a) of, and subdivision (e) of, Section 42131. These reports shall document the fiscal and administrative status of the qualifying school district, particularly in regard to the implementation of fiscal and management recovery plans. Each report shall also include a determination of whether the revenue streams to the school district appear to be consistent with its expenditure plan, according to the most recent data available at the time of the report. These reports are required until six months after all rights, duties, and powers are returned to the school district pursuant to this article. (Amended by Stats. 2018, Ch. 426, Sec. 13. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] SECTION 41328. Source version: id_204e3539-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.5. The qualifying district shall bear 100 percent of all costs associated with implementing this article, including the activities of the County Office Fiscal Crisis and Management Assistance Team or the regional team. The Superintendent of Public Instruction shall withhold from the apportionments to be made from the State School Fund to the district the amounts due pursuant to this section. (Amended by Stats. 2005, Ch. 22, Sec. 37. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] SECTION 41329. Source version: id_18b689dd-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.5. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district: (1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following: (A) The condition of a school facility. (B) The operating cost of a school and the associated savings resulting from a closure or consolidation. (C) The capacity of a school to accommodate excess pupils. (D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted. (E) Environmental factors, including, but not limited to, traffic and proximity to freeway access. (F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group. (G) Transportation needs of pupils. (H) Aesthetics and the opportunity for blight and negative impact on the surrounding community. (I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result. (2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information: (i) Factors used to identify the list of school closures or consolidations. (ii) Equity impact analysis findings for each school closure or consolidation. (iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility. (iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district. (v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs. (B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting. (C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant to this section has been completed. (D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications. (ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985. (iii) The information shall include all of the following: (I) The date of the approved closure or consolidation. (II) The pupil’s new school assignment, as applicable. (III) School district resources for pupils and parents to support the pupil’s transition. (IV) School district contacts for additional information. (b) For purposes of this section, “financial distress” means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article. (c) For purposes of this section, “governing board of a school district” includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article. (d) This section does not apply to a school district’s closure of a school due solely to the unsafe condition of the school’s facilities. (e) The process outlined pursuant to this section shall not take more than 12 months from the initiation of the equity impact analysis pursuant to paragraph (1) of subdivision (a) to the notification to parents of the final determination of the governing board of the school district pursuant to subparagraph (D) of paragraph (2) of subdivision (a). (f) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed. (Amended by Stats. 2023, Ch. 131, Sec. 28. (AB 1754) Effective January 1, 2024. Inoperative July 1, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.50. Source version: id_162d7570-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. The following definitions apply to this article, and, except as provided in subdivision (d), apply to Article 2 (commencing with Section 41320) and Article 2.5 (commencing with Section 41325), unless the context clearly indicates or requires another or different meaning: (a) “Bank” means the California Infrastructure and Economic Development Bank. (b) “Bonds” has the same meaning specified in Section 63010 of the Government Code. (c) “Loan” and “emergency apportionments” means the financing described in Sections 41329.51, 41329.52, and 41329.53. The financing does not constitute a borrowing, but, instead, constitutes an advance payment of apportionments subject to repayment with interest as described in the article. (d) “School district” means a school district that requests an emergency apportionment pursuant to Section 41320, including an administrator appointed pursuant to Article 2 (commencing with Section 41320) and a trustee appointed pursuant to Article 2.5 (commencing with Section 41325), or, for the purposes of this article only, a community college district, including a special trustee appointed pursuant to Section 71093 or 84040. (Amended by Stats. 2006, Ch. 50, Sec. 4. Effective June 30, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.51. Source version: id_16881892-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. Notwithstanding any other law, an emergency apportionment is a financing provided to a community college district as authorized by the Legislature or to a school district, other than a community college district, complying with the requirements contained in Article 2 (commencing with Section 41320) and Article 2.5 (commencing with Section 41325). The emergency apportionment shall be made pursuant to either Section 41329.52 or Section 41329.53, as determined by statute. The school district, the bank, and the Superintendent of Public Instruction, or the Board of Governors of the California Community Colleges, as appropriate, shall promptly perform the duties specified in the statute making the emergency apportionment. (Amended by Stats. 2006, Ch. 50, Sec. 5. Effective June 30, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.52. Source version: id_384b7547-e389-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. (a) A school district may receive a two-part financing designed to provide an advance of apportionments owed to the district from the State School Fund and the Education Protection Account. (b) The initial emergency apportionment shall be an interim loan from the General Fund to the school district. General Fund money shall not be advanced to a school district until that district agrees to obtain a lease financing as described in subdivision (c) and the bank adopts a reimbursement resolution governing the lease financing. The interim loan shall be repaid in full, with interest, from the proceeds of the lease financing pursuant to subdivision (c) at a time mutually agreed upon between the Department of Finance and the bank. The interest rate on the interim loan shall be the rate earned by moneys in the Pooled Money Investment Account as of the date of the initial disbursement of emergency apportionments to the school district. (c) The school district shall enter into a lease financing with the bank for the purpose of financing the emergency apportionment, including a repayment to the General Fund of the amount advanced pursuant to subdivision (b). In addition to the emergency apportionment, the lease financing may include funds necessary for reserves, capitalized interest, credit enhancements, and costs of issuance. The bank shall issue bonds for that purpose pursuant to the powers granted pursuant to the Bergeson-Peace Infrastructure and Economic Development Bank Act as set forth in Division 1 (commencing with Section 63000) of Part 6.7 of the Government Code. The term of the lease shall not exceed 20 years, except that if at the end of the lease term any rent payable is not fully paid, or if the rent payable has been abated, the term of the lease shall be extended for a period not to exceed 10 years. (Amended by Stats. 2013, Ch. 48, Sec. 28. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.53. Source version: id_3c946999-e389-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. (a) As an alternative to the lease financing pursuant to Section 41329.52, a school district may receive an emergency apportionment from the General Fund designed to provide an advance of apportionments owed to the district from the State School Fund and the Education Protection Account. The emergency apportionment shall be repaid within 20 years. The calculation of the amount of the apportionment, including implied costs, and the interest rate shall be calculated pursuant to subdivision (b). Each year the Superintendent shall withhold from the apportionments to be made to the school district from the State School Fund and the Education Protection Account an amount equal to the emergency apportionment repayment that becomes due in the year. (b) The determination by statute as to whether the emergency apportionment shall take the form of lease financing pursuant to Section 41329.52 or an emergency apportionment from the General Fund pursuant to this section shall be based upon the availability of funds within the General Fund and not on any cost differential between the two financing mechanisms. To ensure that the two alternatives are cost neutral, if the statute does not authorize a lease financing, the bank shall commission a cost study from financial advisers under contract with the bank to determine the interest rate, costs of issuance, and if it is more cost effective, credit enhancement costs likely if the financing was a lease financing rather than an emergency apportionment from the General Fund. These implied lease costs shall be included as the fixed interest rate on the repayment of the emergency apportionment to the General Fund, repayable over 20 years. (Amended by Stats. 2013, Ch. 48, Sec. 29. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.54. Source version: id_d39a4269-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. In furtherance of the lease financing authorized pursuant to Section 41329.52, and notwithstanding any other law, the school district may lease any property of the school district to the bank or from the bank, in connection with the bonds issued by the bank. In each case, the lease shall include any rental provision or term and any transfer, assignment, payment, security, default, remedy, and other terms or provisions agreed to by the bank and the school district. In addition, the school district may enter into any agreement for liquidity or credit enhancement, with any reimbursement, payment, interest, security, default, remedy and other terms it deems necessary or appropriate in connection with entering into the lease financing. The school district may enter into any other agreements or execute any other documents necessary or desirable to carry out the purposes of this section. This section shall be deemed to provide a complete, additional, and alternative method for accomplishing the acts authorized by this article. Any agreement entered into in connection with the lease of any property of the district pursuant to a financing pursuant to Section 41329.52, including without limitation, any agreement for liquidity or credit enhancement, need not comply with the requirements of any other law applicable to the purchase, sale, or lease of school district property or the granting of any pledge or encumbrance. (Added by Stats. 2004, Ch. 263, Sec. 8. Effective August 23, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.55. Source version: id_4eb4d9fc-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. (a) Simultaneous with the execution of the lease financing authorized pursuant to Section 41329.52, the bank shall provide to the Controller and the school district a notification of its lease financing. The notice shall include a schedule of rent payments to become due to the bank from the school district and the bond trustee. The Controller shall make the apportionment to the bond trustee of those amounts on the dates shown on the schedule. The bank may further authorize the apportionments to be used to pay or reimburse the provider of any credit enhancement of bonds and other ongoing or periodic ancillary costs of the bond financing issued by the bank in connection with this article. If the amount of rent payments vary from the schedule as a result of variable interest rates on the bonds, early redemptions, or changes in expenses, the bank shall amend or supplement the schedule accordingly. (b) Except where financing is for a community college district, the Controller shall make the apportionment only from moneys in Section A of the State School Fund and the Education Protection Account designated for apportionment to the district and any apportionment authorized pursuant to this subdivision shall constitute a lien senior to any other apportionment or payment of State School Fund and the Education Protection Account moneys to or for that district not made pursuant to this subdivision. (c) If financing is for the Compton Community College District, the Controller shall make the apportionment only from moneys in Section B of the State School Fund. Any apportionment authorized pursuant to this subdivision shall constitute a lien senior to any other apportionment or payment of Section B State School Fund moneys. (d) The amount apportioned for a school district pursuant to this section is an allocation to the school district for purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution. For purposes of computing the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, for any school district, the local control funding formula allocation for any fiscal year in which funds are apportioned for the school district pursuant to this section shall include any amounts apportioned by the Controller pursuant to subdivisions (a), (b), and (c), and Section 41329.57. (e) No party, including the school district or any of its creditors, shall have any claim to the money apportioned or to be apportioned to the bond trustee by the Controller pursuant to this section. (Amended by Stats. 2015, Ch. 19, Sec. 35. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.56. Source version: id_b0d62729-0553-11da-8afc-9fdb6e1d0b6c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. (a) Chapter 57 of the Statutes of 1993 consolidated several previous emergency apportionments and a loan to the West Contra Costa Unified School District and specified the repayment terms of that apportionment. Chapter 14 of the Statutes of 2003 authorized an emergency apportionment to the Oakland Unified School District and specified the repayment terms of that apportionment. Collectively these are referred to in this section as “existing apportionments.” (b) Promptly after August 23, 2004, the bank shall issue separate bonds for the West Contra Costa Unified School District and the Oakland Unified School District for lease financing pursuant to Section 41329.52. The school districts shall use the proceeds to repay the existing apportionments. The terms of the leases shall not exceed 20 years, except that if at the end of the lease term any rent payable is not fully paid, or if the rent payable has been abated, the term of the lease shall be extended for a period not to exceed 10 years. (Amended by Stats. 2005, Ch. 97, Sec. 3. Effective July 21, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.57. Source version: id_4535e29d-e389-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. (a) (1) Pursuant to a schedule provided to the Controller by the bank, the Controller shall transfer from Section A of the State School Fund and the Education Protection Account the amount of funds necessary to pay the warrants issued pursuant to paragraph (2) so that the effective cost of the lease financing provided to the Oakland Unified School District, the Vallejo City Unified School District, and the West Contra Costa Unified School District pursuant to this article shall be equal to the cost of the original General Fund emergency loan made to each school district. (A) For purposes of determining the cost of the original emergency loan for the West Contra Costa Unified School District, the original interest rate is the rate established pursuant to Section 41474 of 1.532 percent. (B) For purposes of determining the cost of the original emergency loan for the Oakland Unified School District, the original interest rate is 1.778 percent. This rate shall also apply to any disbursements of the loan pursuant to Chapter 14 of the Statutes of 2003 that are subsequent to August 23, 2004. (C) For purposes of determining the cost of the original emergency loan for the Vallejo City Unified School District, the original interest rate is 1.5 percent. This rate shall also apply to any disbursements of the loan pursuant to Chapter 53 of the Statutes of 2004 that are subsequent to August 23, 2004. (2) The executive director or chair of the bank shall periodically provide a schedule to the Controller and each school district of the actual amount of the difference between the cost of the lease financing compared to the cost of the original emergency loan for each school district for each year and the Controller shall issue warrants to each school district pursuant to the schedule. Payments to a school district shall occur only during the term of the loan for that district and shall be made no sooner than the corresponding payments are made to the bond trustee under the lease financing for that district. (3) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants issued pursuant to paragraph (2) are “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the fiscal years in which the warrants are issued and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal years in which the warrants are issued. (b) It is the intent of the Legislature that the financing cost subsidies funded in this section not be deemed precedent nor in conflict with Section 41329.53, as these school districts requested loans before the enactment of this article. (Amended by Stats. 2013, Ch. 48, Sec. 31. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.575. Source version: id_0efbc636-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. (a) (1) Pursuant to a schedule provided to the Controller by the bank, commencing with the 2013–14 fiscal year, the Controller shall transfer from Section A of the State School Fund and the Education Protection Account the amount of funds necessary to pay the warrants issued pursuant to paragraph (3) so that the effective cost of the lease financing for each fiscal year from 2013–14 to 2029–30, inclusive, provided to the South Monterey County Joint Union High School District pursuant to Chapter 20 of the Statutes of 2009 shall be equal to the cost of providing an emergency General Fund cashflow loan to the South Monterey County Joint Union High School District for each fiscal year from 2013–14 to 2029–30, inclusive. (2) For purposes of determining the cost of providing an emergency General Fund cashflow loan to the South Monterey County Joint Union High School District for fiscal years 2013–14 to 2029–30, inclusive, for the South Monterey County Joint Union High School District, the original interest rate is equal to the annual rate of return earned by the Pooled Money Investment Account for the applicable fiscal year, plus an additional 2 percent. This rate shall also apply to disbursements of the loan pursuant to Chapter 20 of the Statutes of 2009 that are subsequent to September 15, 2013. (3) The executive director or chair of the bank shall periodically provide a schedule to the Controller and the South Monterey County Joint Union High School District of the actual amount of the difference between the annual cost of the lease financing compared to the annual cost of providing the South Monterey County Joint Union High School District with an emergency General Fund cashflow loan for each applicable fiscal year and the Controller shall issue warrants to the South Monterey County Joint Union High School District pursuant to the schedule. Payments to the South Monterey County Joint Union High School District shall occur only during the term of the loan for the South Monterey County Joint Union High School District and shall be made no sooner than the corresponding payments are made to the bond trustee under the lease financing for the South Monterey County Joint Union High School District. (4) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants issued pursuant to paragraph (3) are “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the fiscal years in which the warrants are issued and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal years in which the warrants are issued. (b) It is the intent of the Legislature that the financing cost subsidies funded in this section not be deemed precedent nor in conflict with Chapter 20 of the Statutes of 2009. (Amended by Stats. 2014, Ch. 71, Sec. 34. (SB 1304) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.58. Source version: id_178d5398-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. The sum of thirty million dollars ($30,000,000) is hereby appropriated, without regard to fiscal year, from the General Fund to the Board of Governors of the California Community Colleges for apportionment to the Compton Community College District as an emergency apportionment to finance, among other things, the activities described in Article 5 (commencing with Section 74292) of Chapter 5 of Part 46. (Added by Stats. 2006, Ch. 50, Sec. 8. Effective June 30, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.59. Source version: id_7b2b4171-3181-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. (a) On or before October 30, 2006, the Fiscal Crisis and Management Assistance Team (FCMAT) shall conduct an extraordinary audit of the Compton Community College District, to be delivered to the Board of Governors of the California Community Colleges and the Director of Finance, focused upon an examination of alleged fraud, misappropriation of funds, or other illegal fiscal practices. The audit shall be conducted in a timely and efficient manner. (b) On or before January 31, 2007, the FCMAT shall conduct a comprehensive assessment and prepare a recovery plan, to be delivered to the Board of Governors of the California Community Colleges and the Department of Finance, for the Compton Community College District addressing the five operational areas: financial management, academic achievement, personnel management, facilities management, and governance/community relations. (c) The FCMAT shall file a written status report at regular intervals with the appropriate fiscal and policy committees of the Legislature, the advisory committee to the special trustee, the Board of Governors of the California Community Colleges, the Director of Finance, and the Governor. The status reports shall include the progress that the Compton Community College District is making in meeting the recommendations of the FCMAT comprehensive assessment and addressing the deficiencies identified by the Accrediting Commission for Community and Junior Colleges. (d) Notwithstanding any other provision of law, an amount of up to five hundred thousand dollars ($500,000) shall be provided to the Compton Community College District from any funds budgeted for FCMAT in Item 6110-107-0001 of Section 2.00 of the annual Budget Act or any other funds available from prior budget years for FCMAT for the purpose of funding the audit described in subdivision (a) of this section. (Amended by Stats. 2011, Ch. 349, Sec. 1. (SB 940) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] SECTION 41329.60. Source version: id_4e836bf2-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=2.7. Notwithstanding any other law, beginning July 1, 2016, the interest rate on any outstanding General Fund emergency apportionments made to the Compton Community College District pursuant to Section 41329.52 or 41329.58 shall be 2.307 percent. All other terms of those emergency apportionments shall remain the same. (Added by Stats. 2016, Ch. 24, Sec. 13. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41330. Source version: id_d39bc913-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. Commencing with the 2003–04 fiscal year, for the purposes of allocating the advance apportionment for the current fiscal year, the Superintendent of Public Instruction shall on or before July 20th of each year certify to the Controller the amounts estimated to be apportioned to each effective school district for the current fiscal year on the basis of the report of the districts for the second principal apportionment of the preceding fiscal year, the amounts estimated to be apportioned to each county school tuition fund and to each county school service fund for schools and classes to be maintained by the county superintendent of schools during the current fiscal year on the basis of reports provided by the county superintendent of schools, and the amounts estimated by the Superintendent of Public Instruction to be apportioned to the county school service fund during the current fiscal year under subdivisions (a) and (b) of Section 14054. (Repealed and added by Stats. 2003, 1st Ex. Sess., Ch. 4, Sec. 5. Effective March 18, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41332. Source version: id_d39d4fb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. The Superintendent of Public Instruction shall, on or before February 20th of each year, apportion to each elementary school district, high school district, county school service fund, and county school tuition fund the total amounts allowed to them under Sections 14054, 14057, 14058, 41790, 41800, 41810, 41811, 41840, 41841, 41863, 41866, 41882, 41884, 41885, 41886, 41888, 41950, 41970, 41971, 42004, 42005, 42054, 42055, 42056, and 52205, whichever are in effect. This apportionment shall be called the first principal apportionment. (Amended by Stats. 1990, Ch. 1372, Sec. 195.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41333. Source version: id_d39d4fb7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. For purposes of determining the eligibility of a school for the “necessary small school” foundation program, if by November 10th of any current fiscal year, an additional teacher or teachers are hired in elementary schools or high schools such teachers shall be deemed to have been hired as of the beginning of the school year, and the districts shall, if otherwise eligible, be entitled to the appropriate small school foundation programs for purposes of computation of the principal apportionments. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41335. Source version: id_d39d4fbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. (a) The Superintendent of Public Instruction shall on or before July 2 of each year apportion to each elementary school district, high school district, county school service fund, and county school tuition fund the total amounts allowed to each respective district or fund, as would have been apportioned on June 25 of the fiscal year of the apportionment pursuant to Section 41335 as it read on May 30, 2003, under Sections 14054, 14057, 14058, 41790, 41800, 41810, 41811, 41840, 41841, 41863, 41866, 41882, 41884, 41885, 41886, 41888, 41950, 41970, 41971, 42004, 42005, 42054, 42055, 42056, and 52205, whichever are in effect. This apportionment shall be called the second principal apportionment. (b) This section shall become operative on June 1, 2003. (Repealed (in Sec. 6) and added by Stats. 2003, 1st Ex. Sess., Ch. 4, Sec. 7. Effective March 18, 2003. Section operative June 1, 2003, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41336. Source version: id_d39d4fbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. The Superintendent of Public Instruction shall on or before June 25th of each year apportion to each school district or fund the total of the amounts allowed to the district or fund under Section 41972. This apportionment shall be called the final apportionment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41337. Source version: id_d39ed65f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. The Superintendent of Public Instruction shall apportion at such times as needed the amounts allowed pursuant to Section 14055. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41339. Source version: id_0de67a5e-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. The Superintendent shall certify each apportionment made by him or her under Sections 41332 to 41340, inclusive, whichever are in effect, to the Controller. (Amended by Stats. 2016, Ch. 186, Sec. 42. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41339.1. Source version: id_d39ed665-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. Notwithstanding subdivision (b) of Section 41339, 10 working days prior to the dates prescribed in Section 41330 and Section 41335, as Section 41335 reads on and after June 1, 2003, the Superintendent of Public Instruction shall notify the Joint Legislative Budget Committee and the Department of Finance of the average daily attendance numbers and the local property tax revenues to be utilized in the respective certification. (Added by Stats. 2003, 1st Ex. Sess., Ch. 4, Sec. 8. Effective March 18, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41339.2. Source version: id_1f4f75d0-815e-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. Commencing with the first fiscal year after subdivision (g) of Section 42238.03 applies, the Superintendent, within three business days of the first principal, second principal, and annual apportionments for each fiscal year, shall publish on the department’s Internet Web site the amount of a county office of education’s, school district’s, or charter school’s supplemental and concentration grants calculated pursuant to subdivision (c) of Section 2574 or subdivisions (e) and (f) of Section 42238.02. (Added by Stats. 2018, Ch. 32, Sec. 28. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41340. Source version: id_d39ed667-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. The Superintendent of Public Instruction shall furnish an abstract of each apportionment of the State School Fund to the State Controller, the Department of Finance and to the county and city and county auditors, county and city and county treasurers, and to the county superintendents of schools of the several counties of the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41341. Source version: id_da175c3c-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. (a) (1) If, during any fiscal year, the amount apportioned to a school district, educational joint powers authority, county office of education, charter school, or to any fund from Section A of the State School Fund differs either positively or negatively from the amount to which the school district, educational joint powers authority, county office of education, charter school, or fund was entitled by an amount equal to the local control funding formula allocation pursuant to Section 2574 or 42238.02, as implemented pursuant to Section 42238.03, for one unit of average daily attendance, the Superintendent, in accordance with regulations that the Superintendent is hereby authorized to adopt, not later than the first succeeding fiscal year from the fiscal year in which the computational error was made, shall withhold from, or add to, the apportionment made during that fiscal year, the amount of the excess or deficiency, as the case may be. Notwithstanding any other provision of this code to the contrary, excesses withheld or deficiencies added by the Superintendent pursuant this subdivision shall be added to or allowed from any portion of the State School Fund. (2) Notwithstanding paragraph (1), excesses may be withheld or deficiencies added to apportionments on account of audit exceptions reported in an audit or review, as described in subdivision (e) of Section 41344, or audit or review conducted by a certified public accountant or public accounting firm designated by a governmental agency that provided the local educational agency the opportunity to provide a written response. (3) If, during any fiscal year, a school district, educational joint powers authority, county office of education, or charter school determines that the amount apportioned to the school district, educational joint powers authority, county office of education, charter school, or to any fund from Section A of the State School Fund differs either positively or negatively from the amount to which the school district, educational joint powers authority, county office of education, charter school, or fund was entitled by an amount equal to the local control funding formula allocation pursuant to Section 2574 or 42238.02, as implemented pursuant to Section 42238.03, for one or more units of average daily attendance, the school district, educational joint powers authority, county office of education, or charter school shall report the corrected amount to the Superintendent. (b) If, during any fiscal year, the amount apportioned to a community college district or to any fund from Section B of the State School Fund differs either positively or negatively from the amount to which the community college district or fund was entitled, by an amount equal to the funding of one full-time equivalent student, the Chancellor of the California Community Colleges, in accordance with regulations that the chancellor is hereby authorized to adopt, not later than the first succeeding fiscal year from the fiscal year in which the computational error was made, shall withhold from, or add to, the apportionment made during that fiscal year, the amount of the excess or deficiency, as the case may be. Notwithstanding any other provision of this code to the contrary, excesses withheld or deficiencies added by the Chancellor of the California Community Colleges under this subdivision shall be added to or allowed from any portion of the State School Fund. (Amended by Stats. 2026, Ch. 65, Sec. 48. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41342. Source version: id_d3a05d0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. When any judgment has been rendered which requires the apportionment from the State School Fund to any school district, to any other agency, or to any fund for any fiscal year of more than the amount actually apportioned thereto during that fiscal year, the difference shall be apportioned to the district, agency, or fund by the Superintendent of Public Instruction from the State School Fund during the fiscal year following that in which the judgment becomes final before any other apportionment from the State School Fund is made. Upon the becoming final of any judgment which requires the apportionment from the State School Fund to any school district, to any other agency, or to any fund for any fiscal year of less than the amount actually apportioned thereto during any fiscal year, the difference shall be deducted from the apportionment made to that district, agency, or fund by the Superintendent of Public Instruction from the State School Fund during the fiscal year following that in which the judgment becomes final. (Amended by Stats. 1982, Ch. 466, Sec. 30.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41343. Source version: id_d3a05d0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. Wherever the attendance of pupils is not included in the computation of the average daily attendance of a school district for any fiscal year because the certification document of the person employed by the district to instruct such pupils was not in force during the period of such attendance, the governing board of the district may, upon payment of the salary of such person pursuant to Section 45036, or similar provisions of law, report such attendance to the Superintendent of Public Instruction during the fiscal year in which such salary is paid. Such report shall be made in such form as shall be prescribed and furnished by the Superintendent of Public Instruction. Thereafter the Superintendent of Public Instruction shall add to the apportionment from the State School Fund to the district during the next succeeding fiscal year or years, as determined by him but not exceeding three, the additional amount to which the district would have been entitled in the fiscal year next succeeding that in which such attendance was not included in the computation of the average daily attendance of the district if such amount is at least one hundred dollars ($100) or more. Any such additional amount shall be apportioned from the State School Fund before any other apportionment from such fund is made and shall be allowed from any portion of such fund except that portion reserved as allowances for basic state aid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41344. Source version: id_534cb1a0-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. (a) If, as the result of an audit or review, a local educational agency is required to repay an apportionment significant audit exception or to pay a penalty arising from an audit exception, the Superintendent and the Director of Finance, or their designees, jointly shall establish a plan for repayment of state school funds that the local educational agency received on the basis of average daily attendance, or other data, that did not comply with statutory or regulatory requirements that were conditions of the apportionments, or for payment of a penalty arising from an audit exception. A local educational agency shall request a plan within 90 days of receiving the final audit report or review, within 30 days of withdrawing or receiving a final determination regarding an appeal pursuant to subdivision (d), or, in the absence of an appeal pursuant to subdivision (d), within 30 days of withdrawing or receiving a determination of a summary review pursuant to subdivision (d) of Section 41344.1. At the time the local educational agency is notified, the Controller also shall be notified of the plan. The plan shall be established in accordance with the following: (1) The Controller shall withhold the disallowed or penalty amount at the next principal apportionment or pursuant to paragraph (2), unless subdivision (d) of this section or subdivision (d) of Section 41344.1 applies, in which case the disallowed or penalty amount shall be withheld, at the next principal apportionment or pursuant to paragraph (2) following the determination regarding the appeal or summary appeal. In calculating a disallowed amount, the Controller shall determine the total amount of overpayment received by the local educational agency on the basis of average daily attendance, or other data, reported by the local educational agency that did not comply with one or more statutory or regulatory requirements that are conditions of apportionment. (2) If the Superintendent and the Director of Finance concur that repayment of the full liability or payment of the penalty in the current fiscal year would constitute a severe financial hardship for the local educational agency, they may approve a plan of equal annual payments over a period of up to eight years. The plan shall include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The Superintendent and the Director of Finance jointly shall establish this plan. The Controller shall withhold amounts pursuant to the plan. (3) If the Superintendent and the Director of Finance do not jointly establish a plan, the Controller shall withhold the entire disallowed amount determined pursuant to paragraph (1), or the penalty amount, at the next principal apportionment. (b) (1) For purposes of computing average daily attendance pursuant to Section 42238.05, a local educational agency’s prior fiscal year average daily attendance shall be reduced by an amount equal to any average daily attendance disallowed in the current year, by an audit or review, as defined in subdivision (e). (2) Commencing with the 1999–2000 fiscal year, this subdivision may not result in a local educational agency repaying more than the value of the average daily attendance disallowed in the audit exception plus interest and other penalties or reductions in apportionments as provided by existing law. (c) Notwithstanding any other law, this section may not be waived under any authority set forth in this code except as provided in this section or Section 41344.1. (d) Within 60 days of the date on which a local educational agency receives a final audit report resulting from an audit or review of all or any part of the operations of the local educational agency, or within 30 days of receiving a determination of a summary review pursuant to subdivision (d) of Section 41344.1, a local educational agency may appeal a finding contained in the final report, pursuant to Section 41344.1. Within 90 days of the date on which the appeal is received by the panel, a hearing shall be held at which the local educational agency may present evidence or arguments if the local educational agency believes that the final report contains any finding that was based on errors of fact or interpretation of law, or if the local educational agency believes in good faith that it was in substantial compliance with all legal requirements. A repayment schedule may not commence until the panel reaches a determination regarding the appeal. If the panel determines that the local educational agency is correct in its assertion, in whole or in part, the allowable portion of any apportionment payment that was withheld shall be paid at the next principal apportionment. (e) (1) As used in this section, “audit or review” means an audit conducted by the Controller’s office, an annual audit conducted by a certified public accountant or a public accounting firm pursuant to Section 41020, and an audit or review conducted by a governmental agency that provided the local educational agency with an opportunity to provide a written response. (2) As used in this section, “local educational agency” includes a charter school. (Amended by Stats. 2015, Ch. 19, Sec. 39. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41344.1. Source version: id_5827bac8-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. (a) The Education Audit Appeals Panel is hereby established as a separate state agency. Its membership shall consist of the Superintendent, the Director of Finance, and the Chief Executive Officer of the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 or their designees. The panel shall have the authority to expend funds, hire staff, make contracts, sue and be sued, and issue regulations in furtherance of its duties. (b) The panel shall hear appeals filed pursuant to subdivision (d) of Section 41344. The Controller and the Department of Finance shall be a party to all appeals. The department may, at its election, timely intervene as a party in any appeal. The panel shall consider audit appeals pursuant to the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), except that it may adopt regulations specifying special pleadings that shall govern audit appeals. The panel may approve settlements and make findings of fact and interpretations of law. (c) Compliance with all legal requirements is a condition to the state’s obligation to make apportionments. A condition may be deemed satisfied if the panel finds there has been compliance or substantial compliance with all legal requirements. “Substantial compliance” means nearly complete satisfaction of all material requirements of a funding program that provide an educational benefit substantially consistent with the program’s purpose. A minor or inadvertent noncompliance may be grounds for a finding of substantial compliance provided that the local educational agency can demonstrate it acted in good faith to comply with the conditions established in law or regulation necessary for apportionment of funding. The panel may further define “substantial compliance” by issuing regulations or through adjudicative opinions, or both. If the panel finds there has been substantial compliance, the panel may waive or reduce the reimbursement or penalty amount and may also order other remedial measures sufficient to induce full compliance in the future. Other remedial measures may include restoration of a reduction or penalty amount if full compliance is not rendered in the future, ordering special audits, and requiring special training. (d) In addition to the normal appeal process specified above, there is hereby created a voluntary, informal, summary appeals process for noncompliant audit exceptions that clearly constitute substantial compliance as that term is defined in subdivision (c). The summary appeals process shall adhere to all of the following: (1) Requests for summary review shall be made to the executive officer of the panel who may seek comment from the Department of Finance or Superintendent. Summary review shall be sought within 30 days of the date on which a local educational agency receives a final audit report resulting from an audit or review. (2) If the executive officer concludes the conditions for finding substantial compliance are not clearly met or involve substantial questions of fact, the executive officer may deny the request for summary review and the appellant may pursue its claim through the normal appeal process. (3) For appeals in which the total audit exceptions for full repayment or penalty constitute less than 150 units of average daily attendance or the equivalent value of 150 units of average daily attendance, as calculated pursuant to the statewide average local control funding formula rate pursuant to subdivisions (d), (e), and (f) of Section 42238.02 for the corresponding audit year and posted on the department’s internet website, whichever is less, the executive officer may waive or reduce the reimbursement or penalty upon a finding of substantial compliance and that other remedial measures are sufficient to induce full compliance in the future. (4) For appeals in which the total audit exceptions for full repayment or penalty meet or exceed 150 units of average daily attendance or the equivalent value of 150 units of average daily attendance, as calculated pursuant to the statewide average local control funding formula rate pursuant to subdivisions (d), (e), and (f) of Section 42238.02 for the corresponding audit year and posted on the department’s internet website, whichever is greater, the executive officer may waive or reduce the reimbursement or penalty upon a finding of substantial compliance and order other remedial measures that are sufficient to induce full compliance in the future, if the executive officer has the written approval of the Department of Finance and the Superintendent. The executive officer shall provide the details of the proposed settlement and the rationale in writing to the Department of Finance and Superintendent and allow at least 30 days for their review. (5) The right to appeal pursuant to subdivision (d) of Section 41344 is independent of this subdivision and an appellant may pursue the appellant’s appeal under subdivision (b) regardless of the result under this subdivision. A local educational agency that has unresolved audit appeals pursuant to subdivision (d) of Section 41344 pending on January 1, 2003, may file a request for summary review under this subdivision for a period of 60 days after January 1, 2003. (Amended by Stats. 2025, Ch. 8, Sec. 19. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41344.2. Source version: id_d3a1e3b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. Notwithstanding subdivision (c) of Section 41344 or any other provision of law, the State Board of Education may consider and act upon requests to retroactively waive any provision of this code or any regulation adopted by the State Board of Education that is the basis of an apportionment significant audit if the request was received in writing by the State Department of Education prior to July 7, 1999. (Added by Stats. 1999, Ch. 646, Sec. 15.6. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41344.3. Source version: id_d3a1e3b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. Notwithstanding subdivision (c) of Section 41344 or any other provision of law, the State Board of Education may, upon a finding that violations were minor or inadvertent and the intent of Section 60119 was substantially met, consider and act upon requests to waive Section 60119 to the extent that a failure to comply with that section would otherwise subject the school district to a repayment due to an apportionment significant audit. The board may act on requests to waive Section 60119 regardless of whether the request was received before or after the effective date of this section. (Added by Stats. 2001, Ch. 574, Sec. 1. Effective October 7, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41344.4. Source version: id_dfcf49de-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. Notwithstanding any other law, a local educational agency shall not be required to repay an apportionment based on a significant audit exception related to the requirements specified in subparagraphs (A), (B), and (C) of paragraph (1) of subdivision (b) of Section 14501 if the county superintendent of schools certifies to the Superintendent and the Controller that the audit exception was corrected by the local educational agency or that an acceptable plan of correction was submitted to the county superintendent of schools pursuant to paragraph (2) of subdivision (l) of Section 41020. With respect to textbooks and instructional materials, the plan shall be consistent with the requirements of subparagraph (A) of paragraph (2) of subdivision (a) of Section 60119. (Amended by Stats. 2026, Ch. 65, Sec. 49. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] SECTION 41344.6. Source version: id_45e82cf0-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3. (a) Notwithstanding Sections 17456, 17457, 17462, and 17463, or any other law, from June 1, 2004, to June 30, 2015, inclusive, the Vallejo City Unified School District may sell property owned by the district and use the proceeds from the sale to reduce or retire the emergency loan provided in Section 9 of Chapter 53 of the Statutes of 2004. The sale only of property pursuant to this subdivision is not subject to Section 17459 or 17464. (b) Notwithstanding any other provision of law, from June 1, 2004, to June 30, 2015, inclusive, the Vallejo City Unified School District is not eligible for hardship assistance pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (Added by Stats. 2010, Ch. 147, Sec. 1. (AB 1874) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3.5. Child Nutrition Allowances [41352 - 41353] SECTION 41352. Source version: id_d3a3916d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3.5. (a) With the exception of those who receive reimbursement for meals only from the state, the State Department of Education shall make allowances to school food authorities and child care food program sponsors for the Child Nutrition Program on a monthly basis. Program providers shall submit claims to the department within 10 calendar days of the end of each month. Claims submitted after 60 calendar days or more from the end of the period for which reimbursement is claimed shall be invalid. Within 45 calendar days of submission of a valid claim, the State Department of Education shall tender reimbursement. (b) For sponsors of those who receive reimbursement for meals only from the state, the State Department of Education shall make allowances for the Child Nutrition Program on an annual basis. Program providers shall submit claims to the department within 10 calendar days of the end of each state fiscal year. Claims submitted after August 20 of the fiscal year immediately following the year for which reimbursement is claimed shall be invalid. Within 45 calendar days of the claim deadline, the State Department of Education shall tender reimbursement. (Amended by Stats. 1985, Ch. 1546, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 3.5. Child Nutrition Allowances [41352 - 41353] SECTION 41353. Source version: id_d3a3916f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=3.5. From funds appropriated for child nutrition the Superintendent of Public Instruction shall make the following expenditures: (a) Not to exceed 20 percent, for state administrative expenses. (b) Not to exceed 80 percent, for distribution to child nutrition entities, as defined by Section 49530.5, which maintain nutrition education programs on a project approval basis pursuant to subdivision (b) of Section 49534 and for expenditure by the Department of Education; provided, however, that of such 80 percent not more than 5 percent thereof shall be used by the department for the development, implementation, supervision, and evaluation of nutrition education programs. (Amended by Stats. 1985, Ch. 1546, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 4. Loans and Advances [41360 - 41367] SECTION 41360. Source version: id_1a1bc880-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=4. (a) Loans may be made from moneys in the Public School District Organization Revolving Fund to newly organized elementary, high school, or unified school districts upon application of the governing board of any such school district, certified by the county superintendent of schools and approved by the Superintendent for use by the school district during the period from the date the action to form the school district was completed and the date the school district becomes effective for all purposes. Money loaned to a school district pursuant to this section shall be used only to meet one or more of the following: (1) The expenses of office rental, office supplies, postage, telephone, and telegraphing. (2) The expenses of necessary elections required by law or authorized by Section 35532. (3) The expenses of employing, the salary of, and necessary travel expenses of officers and necessary clerical help for the governing board of the school district. (b) During each of the two successive fiscal years commencing with the first fiscal year of the existence of the school district for all purposes, the Controller shall deduct from apportionments made to that school district an amount equal to one-half of the amount loaned to that school district under this section and pay the same amount into the Public School District Organization Revolving Fund in the State Treasury. (Amended by Stats. 2016, Ch. 86, Sec. 58. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 4. Loans and Advances [41360 - 41367] SECTION 41365. Source version: id_d152d2e6-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=4. (a) The Charter School Revolving Loan Fund is hereby created in the State Treasury. The Charter School Revolving Loan Fund shall be composed of federal funds obtained by the state for charter schools and any other funds appropriated or transferred to the fund through the annual budget process. Funds appropriated to the Charter School Revolving Loan Fund shall remain available for purposes of the fund until reappropriated or reverted by the Legislature through the annual Budget Act or any other act. (b) Commencing with the 2013–14 fiscal year, the administration of the Charter School Revolving Loan Fund shall be transferred to the California School Finance Authority. (c) Upon application and approval by the California School Finance Authority, loans may be made from moneys in the Charter School Revolving Loan Fund to a chartering authority for one or more charter schools, none of which are a conversion of an existing school, or directly to a charter school that qualifies to receive funding pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8 of Division 4 that is not a conversion of an existing school. Money loaned to a chartering authority for a charter school, or directly to a charter school, pursuant to this section shall be used only to meet the purposes of the charter granted pursuant to Section 47605. The loan to a chartering authority for a charter school, or directly to a charter school, pursuant to this subdivision shall not exceed five hundred thousand dollars ($500,000) over the lifetime of the charter school receiving the benefit of the loan. A charter school may receive money obtained from multiple loans made directly to the charter school or to the charter school’s chartering authority from the Charter School Revolving Loan Fund, as long as the total amount received from the fund over the lifetime of the charter school does not exceed five hundred thousand dollars ($500,000). (d) The California School Finance Authority may consider all of the following when making a determination to approve a charter school’s loan application: (1) The soundness of the financial business plans of the applicant charter school. (2) Availability of the charter school of other sources of funding. (3) Geographic distribution of loans made from the Charter School Revolving Loan Fund. (4) The impact that receipt of funds received pursuant to this section will have on the charter school’s receipt of other private and public financing. (5) Plans for creative uses of the funds received pursuant to this section, such as loan guarantees or other types of credit enhancements. (6) The financial needs of the charter school. (e) Priority for loans from the Charter School Revolving Loan Fund shall be given in the following order: (1) To new charter schools for startup costs. (2) Until July 1, 2029, to charter schools that were damaged, destroyed, or closed for 10 or more schooldays as a result of conditions of disaster or of extreme peril in response to which the Governor has proclaimed a state of emergency pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (f) (1) Commencing with the first fiscal year following the fiscal year the charter school receives the loan, the Controller shall deduct from apportionments made to the chartering authority or charter school, as appropriate, an amount equal to the annual repayment of the amount loaned to the chartering authority or charter school for the charter school under this section and pay the same amount into the Charter School Revolving Loan Fund in the State Treasury. Repayment of the full amount loaned to the chartering authority or charter school shall be deducted by the Controller in equal annual amounts over a number of years agreed upon between the loan recipient and the state agency authorized to administer the Charter School Revolving Loan Fund and the Charter School Security Fund. (2) Charter schools that meet the priority criteria of paragraph (2) of subdivision (e) may request to start payments no later than the first fiscal year after the most recent full year of operation, subject to the approval of the California School Finance Authority. (3) (A) The number of repayment years pursuant to paragraph (1) shall not exceed five years. (B) Notwithstanding subparagraph (A), the number of repayment years pursuant to paragraph (1) shall not exceed eight years for charter schools that meet the priority criteria of paragraph (2) of subdivision (e). (g) (1) Notwithstanding any other law, a loan may be made directly to a charter school pursuant to this section only in the case of a charter school that is established and operating pursuant to Part 26.8 (commencing with Section 47600) of Division 4. (2) Notwithstanding any other law, in the case of default of a loan made directly to a charter school pursuant to this section, the charter school and the entity managing the charter school, as defined in Section 47604.1, shall be liable for repayment of the loan. (h) The California School Finance Authority may adopt any necessary rules and regulations for the implementation of this section and Sections 41366.6 and 41367. Any regulations adopted pursuant to this section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare. (Amended by Stats. 2025, Ch. 776, Sec. 1. (SB 631) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 4. Loans and Advances [41360 - 41367] SECTION 41366.5. Source version: id_d62a4b98-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=4. (a) Moneys in the Charter School Revolving Loan Fund shall be loaned at (1) the rate paid on moneys in the Pooled Money Investment Account as of the date of disbursement of the funds or (2) a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, computed according to the true interest cost method, whichever is less, except that the rate shall not be set at a rate lower than 3 percent. (b) A charter school shall pay the interest on any loan from the fund in regular installments withdrawn from the annual apportionment the charter school receives. (c) All interest payments shall be paid into the Charter School Security Fund established pursuant to Section 41367. (Amended by Stats. 2025, Ch. 776, Sec. 2. (SB 631) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 4. Loans and Advances [41360 - 41367] SECTION 41366.6. Source version: id_daee3c4a-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=4. (a) The California School Finance Authority shall monitor the adequacy of the amount of funds in the Charter School Revolving Loan Fund and report annually to the Department of Finance and the Controller on the need, if any, to transfer funds from the Charter School Security Fund to the Charter School Revolving Loan Fund for the sole purpose of replacing funds lost in the Charter School Revolving Loan Fund due to loan defaults. Before requesting any transfer of funds from the Charter School Security Fund, the California School Finance Authority shall make all reasonable efforts to recover funds directly from the defaulting loan recipient. To the extent that the California School Finance Authority determines that a transfer from the Charter School Security Fund to the Charter School Revolving Loan Fund is necessary, the California School Finance Authority shall obtain approval from the Director of Finance before a transfer of funds is made. Not sooner than 30 days after notification in writing to the Chairperson of the Joint Legislative Budget Committee, the Director of Finance shall direct the Controller to transfer the appropriate amount of funds. (b) (1) By October 1 of each year, and in compliance with Section 9795 of the Government Code, the California School Finance Authority shall provide detailed fund condition information for the Charter School Revolving Loan Fund and the Charter School Security Fund to the Department of Finance, the Assembly Committee on Education, the Senate Committee on Education, the Assembly Budget Subcommittee on Education Finance, the Senate Budget and Fiscal Review Subcommittee on Education, and the Legislative Analyst’s Office. At a minimum, this information shall contain an accounting of actual beginning balances, revenues, itemized expenditures, and ending balances for the prior year, as well as projected beginning balances, revenues, itemized expenditures, and ending balances for the current year and budget year. (2) (A) For the report due by October 1, 2029, the California School Finance Authority shall, in addition to the information required pursuant to paragraph (1), include an analysis and summary of the expenditures of loan funds made by the charter school loan recipient for loans issued on or after July 1, 2026. The analysis and summary shall include, but not be limited to, expenditure information related to facilities, employees, startup costs, equipment, direct services to pupils, and the administration of the loan, as applicable. (B) The California School Finance Authority shall first use information provided by the charter school loan recipient in the charter school’s loan application and in program audits before requesting additional information from the charter school loan recipient. (C) Charter school loan recipients shall provide information requested by the California School Finance Authority in order to meet the requirements of this paragraph. (Amended by Stats. 2025, Ch. 776, Sec. 3. (SB 631) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 4. Loans and Advances [41360 - 41367] SECTION 41366.7. Source version: id_d3a51819-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=4. The Director of Finance shall monitor the adequacy of the amount of funds in the Charter School Security Fund and report annually to the Legislature on the need, if any, to adjust the interest rate set forth in Section 41366.5 or to revise any other aspect of the default recovery plan. (Added by Stats. 2000, Ch. 586, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 4. Loans and Advances [41360 - 41367] SECTION 41367. Source version: id_84830dc7-2f7f-11e3-a1bf-e0a3fa6e661b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=4. (a) The Charter School Security Fund is hereby created in the State Treasury. (b) Moneys in the fund shall be available for deposit into the Charter School Revolving Loan Fund in case of default on any loan made from the Charter School Revolving Loan Fund. (c) Commencing with the 2013–14 fiscal year, the administration of the Charter School Security Fund shall be transferred to the California School Finance Authority. (Amended by Stats. 2013, Ch. 357, Sec. 16. (SB 97) Effective September 26, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41370. Source version: id_43310ba9-c130-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. (a) The governing board of a school district, the governing body of a charter school, and a county board of education shall, except as may otherwise be specifically provided by law, use all money apportioned to the school district, charter school, or county office of education from the State School Fund during any fiscal year exclusively for the support of the school or schools of the school district, charter school, or county office of education for that year. (b) School districts, charter schools, and county offices of education shall not expend funds provided in satisfaction of the state’s minimum funding obligation to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution for courses or instruction offered by private or public colleges or universities beyond that permitted in pursuit of a high school diploma, except for courses or instruction in which pupils are enrolled in before July 1, 2020. (Amended by Stats. 2020, Ch. 24, Sec. 23. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41371. Source version: id_d3a69ec1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. If at the end of any fiscal year during which the schools of a school district have been maintained for the period required or permitted by law, there is standing to the credit of the district an unexpended balance of money received from the State School Fund, it may be expended for the payment of claims against the district outstanding, or it may be expended during the succeeding fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41372. Source version: id_d3a69ec3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. For purposes of this section: (a) “Salaries of classroom teachers” and “teacher” shall have the same meanings as prescribed by Section 41011 provided, however, that the cost of all health and welfare benefits provided to the teachers by the school district shall be included within the meaning of salaries of classroom teachers. (b) “Current expense of education” means the gross total expended (not reduced by estimated income or estimated federal and state apportionments) for the purposes classified in the final budget of a school district (except one which, during the preceding fiscal year, had less than 101 units of average daily attendance) submitted to and approved by the county superintendent of schools pursuant to Section 42127 for certificated salaries other than certificated salaries for pupil transportation, food services, and community services; classified salaries other than classified salaries for pupil transportation, food services, and community services; employee benefits other than employee benefits for pupil transportation personnel, food services personnel, and community services personnel; books, supplies, and equipment replacement other than for pupil transportation and food services; and community services, contracted services, and other operating expenses other than for pupil transportation, food services, and community services. “Current expense of education,” for purposes of this section shall not include those expenditures classified as sites, buildings, books, and media and new equipment (object of expenditure 6000 of the California School Accounting Manual), the amount expended from categorical aid received from the federal or state government which funds were granted for expenditures in a program not incurring any teacher salary expenditures or requiring disbursement of the funds without regard to the requirements of this section, or expenditures for facility acquisition and construction; and shall not include the amount expended pursuant to any lease agreement for plant and equipment or the amount expended from funds received from the federal government pursuant to the “Economic Opportunity Act of 1964” or any extension of this act of Congress. There shall be expended during each fiscal year for payment of salaries of classroom teachers: (1) By an elementary school district, 60 percent of the district’s current expense of education. (2) By a high school district, 50 percent of the district’s current expense of education. (3) By a unified school district, 55 percent of the district’s current expense of education. If the county superintendent of schools having jurisdiction over the district determines, on the basis of an audit conducted pursuant to Section 41020, that a school district has not expended the applicable percentage of current expense of education for the payment of salaries of classroom teachers during the preceding fiscal year, the county superintendent of schools shall, in apportionments made to the school district from the State School Fund after April 15 of the current fiscal year, designate an amount of this apportionment or apportionments equal to the apparent deficiency in district expenditures. Any amount designated by the county superintendent of schools shall be deposited in the county treasury to the credit of the school district, but shall be unavailable for expenditure by the district pending the determination to be made by the county superintendent of schools on any application for exemption which may be submitted to the county superintendent of schools. If it appears to the governing board of a school district that the application of the preceding paragraphs of this section during a fiscal year results in serious hardship to the district, or in the payment of salaries of classroom teachers in excess of the salaries of classroom teachers paid by other districts of comparable type and functioning under comparable conditions, the board may apply to the county superintendent of schools in writing not later than September 15th of the succeeding fiscal year for exemption from the requirements of the preceding paragraphs of this section for the fiscal year on account of which the application is made. Upon receipt of this application, the county superintendent of schools shall grant the district exemption for any amount that is less than one thousand dollars ($1,000). If the amount is one thousand dollars ($1,000) or greater, the county superintendent of schools may grant an exemption from the requirements for the fiscal year on account of which the application is made. If the exemption is granted by the county superintendent of schools, the designated moneys shall be immediately available for expenditure by the school district governing board. If no application for exemption is made or exemption is denied, the county superintendent of schools shall order the designated amount or amount not exempted to be added to the amounts to be expended for salaries of classroom teachers during the next fiscal year. The county superintendent of schools shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations to that end. (Amended by Stats. 2002, Ch. 1168, Sec. 18. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41374. Source version: id_d3a69ec5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. Notwithstanding any other provision of law to the contrary, Section 41372 shall not apply to any elementary school district, high school district, or unified school district, which maintains no individual class session with pupils in attendance exceeding the numbers, for the particular grade levels, following: (a) An elementary school district—twenty-eight (28) pupils. (b) A high school district—twenty-five (25) pupils. (c) A unified school district—twenty-eight (28) pupils in respect to grades kindergarten through 8, inclusive; and twenty-five (25) pupils in respect to grades 9 through 12, inclusive. As used in this section the phrase “individual class session” shall not include any class session held in grades kindergarten through 8, inclusive, in courses in visual and performing arts, industrial arts, and physical education. The phrase shall not include any class session held in grades 9 through 12, inclusive, in courses in commercial arts, visual and performing arts, industrial arts, vocational arts, and physical education. The phrase “individual class session” shall not include any class session held in grades 9 through 12, inclusive, for which two or more individual class groups which come within the descriptions specified by the first paragraph of this section and subdivision (a) or (b), or both, are assembled together in the same room for joint lectures or demonstrations. Notwithstanding the provisions of subdivisions (b) and (c), grades 7, 8, and 9 of a junior high school shall be deemed to be high school grades for purposes of this section. (Amended by Stats. 2001, Ch. 734, Sec. 19. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41375. Source version: id_d3a82567-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. It is the intent and purpose of the Legislature to encourage, by every means possible, the reduction of class sizes and the ratio of pupils to teachers in all grade levels in the public schools, and to urge every effort to this end to be undertaken by the local school administrative authorities. (Amended by Stats. 1994, Ch. 840, Sec. 11. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41376. Source version: id_55962c72-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. (a) The Superintendent, in computing apportionments and allowances from the State School Fund for the second principal apportionment, shall determine the following for the regular day classes of the elementary schools maintained by each school district: (1) (A) For grades 1 to 3, inclusive, the Superintendent shall determine the number of classes, the number of pupils enrolled in each class, the total enrollment in all such classes, the average number of pupils enrolled per class, and the total of the numbers of pupils which are in excess of thirty (30) in each class. (B) For those school districts that do not have any classes with an enrollment in excess of 32 and whose average size for all the classes is 30.0 or less, there shall be no excess declared. For those school districts that have one or more classes in excess of an enrollment of 32 or whose average size for all the classes is more than 30, the excess shall be the total of the number of pupils which are in excess of 30 in each class having an enrollment of more than 30. (2) For grades 4 to 8, inclusive, the Superintendent shall determine the total number of pupils enrolled, the number of full-time equivalent classroom teachers, and the average number of pupils per each full-time equivalent classroom teacher. The Superintendent shall also determine the excess if any, of pupils enrolled in such grades in the following manner: (A) Determine the number of pupils by which the average number of pupils per each full-time equivalent classroom teacher for the current fiscal year exceeds the greater of the average number of pupils per each full-time equivalent classroom teacher in all the appropriate districts of the state, as determined by the Superintendent for October 30, 1964, or the average number of pupils per each full-time equivalent classroom teacher which existed in the school district on either October 30, 1964, or March 30, 1964, as selected by the governing board of the school district. (B) Multiply the number determined in subparagraph (A) by the number of full-time equivalent classroom teachers of the current fiscal year. (C) Reduce the number determined in subparagraph (B) by the remainder that results from dividing such number by the average number of pupils per each full-time equivalent teacher for October 30, 1964, as determined by the Superintendent in subparagraph (A). (3) The Superintendent shall compute the product obtained by multiplying the excess number of pupils, if any, in paragraph (1) by ninety-seven hundredths. (4) If the school district reports that it has maintained, during the current fiscal year, any classes in which there were enrolled pupils in excess of 30 per class pursuant to paragraph (1), and there is no excess number of pupils computed pursuant to paragraph (2), the Superintendent shall decrease the average daily attendance reported under the provisions of Section 41601 by the product determined pursuant to paragraph (3). (5) If the school district reports that it has maintained, during the current fiscal year, no classes in which there were enrolled pupils in excess of 30 per class determined pursuant to paragraph (1), and there is an excess number of pupils computed pursuant to paragraph (2), the Superintendent shall compute the product obtained by multiplying the excess number of pupils computed pursuant to paragraph (2) by ninety-seven hundredths. The Superintendent shall decrease the average daily attendance reported under the provisions of Section 41601 by the resulting product. (6) If the school district reports that it has maintained, during the current fiscal year, any classes in which there were enrolled pupils in excess of 30 per class determined pursuant to paragraph (1), and there is an excess number of pupils computed pursuant to paragraph (2), the Superintendent shall add to the product determined pursuant to paragraph (3), the product determined pursuant to paragraph (5), and shall decrease the average daily attendance reported under the provisions of Section 41601 by this total amount. (b) The governing board of each school district maintaining elementary schools shall report for the fiscal year 1964–65 and each year thereafter the information required for the determination to be made by the Superintendent pursuant to this section in accordance with instructions provided on forms furnished and prescribed by the Superintendent. Such information shall be reported by the school district together with, and at the same time as, the reports required to be filed for the second principal apportionment of the State School Fund. The forms on which the data and information is reported shall include a certification by the superintendent of each school district or its chief administrative officer that the data is correct and accurate for the period covered, according to his or her best information and belief. (c) For purposes of this section, a “full-time equivalent classroom teacher” means an employee of an elementary, high school, or unified school district, employed in a position requiring certification qualifications and whose duties require him to teach pupils in the elementary schools of that district in regular day classes for the full time for which he is employed during the regular schoolday. In reporting the total number of full-time equivalent classroom teachers, there shall be included, in addition to those employees defined above, the full-time equivalent of all fractional time for which employees in positions requiring certification qualifications are required to devote to teaching pupils in the elementary schools of the district in regular day classes during the regular schoolday. (d) For purposes of this section, the number of pupils enrolled in each class means the average of the active enrollment in that class on the last teaching day of each school month that ends before April 15 of each school year. (e) This section shall not be applicable to school districts with less than 101 units of average daily attendance for the current fiscal year. (f) The Superintendent shall adopt rules and regulations that he or she may deem necessary for the effective administration of this section. Those rules and regulations may specify that no decrease in average daily attendance reported under the provisions of Section 41601 shall be made for a school district on account of large classes due to instructional television or team teaching, which may necessarily involve class sizes at periods during the day larger than the standard set forth in this section. (Amended by Stats. 2015, Ch. 19, Sec. 40. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41376.1. Source version: id_77d65294-8163-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. (a) Commencing with the 2013–14 fiscal year, until the Superintendent determines that a school district is funded pursuant to Section 42238.02, and notwithstanding the requirement to decrease average daily attendance pursuant to paragraphs (4), (5), and (6) of subdivision (a) of Section 41376 and subdivision (e) of Section 41378, the Superintendent shall compute a reduction to the school district local control funding formula entitlement pursuant to Section 42238.02, as implemented by Section 42238.03, for the specified school year by the sum of the following: (1) (A) Multiply the sum of the products obtained in subdivision (e) of Section 41378 and paragraph (4) of subdivision (a) of Section 41376 by the grade span adjusted base grant specified in subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (B) Multiply the product obtained in subparagraph (A) by the sum of the entitlements computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) of Section 42238.03 and paragraph (3) of subdivision (b) of Section 42238.03 for all school districts, divided by the sum of the local control funding formula entitlements computed pursuant to Section 42238.02 for all school districts. (2) (A) Multiply the product obtained pursuant to paragraph (5) of subdivision (a) of Section 41376 by the average daily attendance for grades 4 to 6, inclusive, reported by the school district pursuant to Section 41601 for the specified school year divided by the average daily attendance for grades 4 to 8, inclusive, reported by the school district pursuant to Section 41601 for the specified school year. (B) Multiply the product obtained in subparagraph (A) by the grade span adjusted base grant specified in subparagraph (B) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (C) Multiply the product obtained in subparagraph (B) by the sum of the entitlements computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) of Section 42238.03 and paragraph (3) of subdivision (b) of Section 42238.03 for all school districts, divided by the sum of the local control funding formula entitlements computed pursuant to Section 42238.02 for all school districts. (3) (A) Multiply the product obtained pursuant to paragraph (5) of subdivision (a) of Section 41376 by the average daily attendance for grades 7 and 8 reported by the school district pursuant to Section 41601 for the specified school year divided by the average daily attendance for grades 4 to 8, inclusive, reported by the school district pursuant to Section 41601 for the specified school year. (B) Multiply the product obtained in subparagraph (A) by the grade span adjusted base grant specified in subparagraph (C) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (C) Multiply the product obtained in subparagraph (B) by the sum of the entitlements computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) of Section 42238.03 and paragraph (3) of subdivision (b) of Section 42238.03 for all school districts, divided by the sum of the local control funding formula entitlements computed pursuant to Section 42238.02 for all school districts. (b) Commencing with the 2013–14 fiscal year, if the Superintendent determines that a school district is funded pursuant to Section 42238.02, and notwithstanding the requirement to decrease average daily attendance pursuant to paragraphs (4), (5), and (6) of subdivision (a) of Section 41376 and subdivision (e) of Section 41378, the Superintendent shall compute a reduction to the school district local control funding formula entitlement pursuant to Section 42238.02 for the specified school year by the sum of the following: (1) Multiply the sum of the products obtained in subdivision (e) of Section 41378 and paragraph (4) of subdivision (a) of Section 41376 by the grade span adjusted base grant specified in subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (2) (A) Multiply the product obtained pursuant to paragraph (5) of subdivision (a) of Section 41376 by the average daily attendance for grades 4 to 6, inclusive, reported by the school district pursuant to Section 41601 for the specified school year divided by the average daily attendance for grades 4 to 8, inclusive, reported by the school district pursuant to Section 41601 for the specified school year. (B) Multiply the product obtained in subparagraph (A) by the grade span adjusted base grant specified in subparagraph (B) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (3) (A) Multiply the product obtained pursuant to paragraph (5) of subdivision (a) of Section 41376 by the average daily attendance for grades 7 and 8 reported by the school district pursuant to Section 41601 for the specified school year divided by the average daily attendance for grades 4 to 8, inclusive, reported by the school district pursuant to Section 41601 for the specified school year. (B) Multiply the product obtained in subparagraph (A) by the grade span adjusted base grant specified in subparagraph (C) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (Amended by Stats. 2018, Ch. 32, Sec. 30. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41378. Source version: id_d3a9ac0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. The Superintendent of Public Instruction, in computing apportionments and allowances from the State School Fund for the second principal apportionment, shall determine the following for the kindergarten classes maintained by each school district maintaining kindergarten classes. (a) The number of pupils enrolled in each kindergarten class, the total enrollment in all such classes, and the average number of pupils enrolled per class. (b) The total number of pupils which are in excess of thirty-three (33) in each class having an enrollment of more than thirty-three (33). (c) The total number of pupils by which the average class size in the district exceeds 31. (d) The greater number of pupils as determined in (b) or (c) above. (e) He shall compute the product obtained by multiplying the excess number of pupils computed pursuant to subdivision (d) of this section by ninety-seven hundredths (0.97). He shall decrease the average daily attendance reported under the provisions of Section 41601 by the resulting product. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41381. Source version: id_d3a9ac0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. The State Board of Education may waive the minimum schoolday requirements of Section 46112 to enable school districts to establish experimental educational programs in reading and mathematics. A waiver shall be granted pursuant to this section only if: (a) The State Board of Education has approved the experimental program. (b) The total weekly minutes of instruction in the experimental program are equivalent to the total number of minutes per week which would be required by Section 46112. Participating school districts shall conduct pretesting and posttesting of pupils enrolled in such experimental educational programs to determine the academic achievement of such pupils. Such tests shall be approved by the State Board of Education. Participating school districts shall also conduct control testing programs of pupils not enrolled in such experimental educational programs. Pupils in the control group shall be selected to be, as nearly as practicable, comparable in ability and socioeconomic background to pupils enrolled in the experimental programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] SECTION 41382. Source version: id_d3a9ac0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=5. The principal of any elementary school maintaining kindergarten classes or regular day classes in grades 1 to 3, inclusive, may recommend to the governing board of the school district, or the governing board may adopt a resolution determining, that an exemption should be granted from any of the provisions of Section 41376, 41378, or 41379 with respect to such classes on the basis that such provisions prevent the school and school district from developing more effective educational programs to improve instruction in reading and mathematics for pupils in the specified classes. Upon approval of such recommendation, or the adoption of such resolution, the governing board shall make application to the State Board of Education on behalf of the school for an exemption for such classes from the specified provisions. The State Board of Education shall grant the application if it finds that the specified provisions of Section 41376, 41378, or 41379 prevent the school from developing more effective educational programs to improve instruction in reading and mathematics for pupils in the specified classes and shall, upon granting the application, exempt the school district from the penalty provision of such sections. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41400. Source version: id_d3a9ac13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. It is the intent and purpose of the Legislature to improve public education in California by maximizing the allocation of existing resources, to discourage the growth of bureaucracy in the public schools, and to emphasize the importance and significance of the classroom teacher. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41401. Source version: id_afb6c096-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. For the purposes of this article, the following definitions apply: (a) “Administrative employee” means an employee of a school district, employed in a position requiring certification qualifications, who does not come within the definition of a “pupil services employee” or a “teacher.” (b) “Classified employee” means an employee of a school district, employed in a position not requiring certification qualifications. (c) “Pupil services employee” means an employee of a school district, employed in a position requiring a standard designated services credential, health and development credential, or a librarian credential, who performs direct services to pupils. “Pupil services employee” includes, but is not limited to, in-school librarians, school nurses, assistant in-school librarians, audiovisual personnel, counselors, psychologists, psychometrists, guidance and welfare personnel, attendance personnel, school social workers, and all other certificated personnel performing pupil-personnel, health, or librarian services. (d) (1) “Teacher” means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. “Teacher” includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. (2) The Los Angeles Unified School District may also include in the definition of “teacher” any of the following when calculating the ratio of administrative employees to teachers calculated pursuant to this article in the 2022–23 to 2024–25 fiscal years, inclusive: (A) Teachers who spend a majority of their time with pupils as intervention specialists. (B) Teachers who spend a majority of their time on a school campus providing training, coaching, or professional development to other teachers. (Amended by Stats. 2022, Ch. 908, Sec. 1. (AB 2038) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41402. Source version: id_092c0292-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. The maximum ratios of administrative employees to each 100 teachers in the various types of school districts shall be as follows: (a) In elementary school districts—9. (b) In unified school districts—8. (c) In high school districts—7. This section shall not apply to a school district that has one or fewer administrators. (Amended by Stats. 2005, Ch. 677, Sec. 13. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41403. Source version: id_b49209d8-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. (a) The Superintendent shall determine, for each current fiscal year, for each school district in the state, to two decimal points, the following: (1) The total number of administrative employees, except those serving in positions that are supported by categorical grants from any source and are in programs that require specific teacher/administrator ratios, or that are supported by federal funds. As to those serving in positions that are not supported completely by these categorical grants from any source or completely by federal funds, the number of administrative employees reported shall include the full-time equivalent of all fractional time attributable to that time not supported by categorical grants or federal funds. (2) The total number of teachers, except those serving in positions that are supported by federal funds or by categorical grants from any source and are in programs that require specific teacher/administrator ratios. As to those serving in positions that are not supported completely by these categorical grants from any source or completely by federal funds, the number of teachers reported shall include the full-time equivalent of all fractional time attributable to that time not supported by categorical grants or federal funds. Substitute teachers may be counted as teachers only if the teacher for whom they are substituting is not counted. In no event shall the number of full-time equivalent teachers reported be greater than the number of full-time equivalent teaching positions in the school district. (3) The total maximum number of administrative employees that should be employed by the school district based upon the application of the appropriate ratio prescribed by Section 41402 to the number of teachers determined pursuant to paragraph (2). (4) The number of administrative employees in excess of the number allowable without penalty as determined by subtracting the number determined pursuant to paragraph (3) from the number determined pursuant to paragraph (1). (b) The number of employees reported pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) shall include the full-time equivalent of all fractional time of those employees. (c) For purposes of determining the allowable ratio of administrative employees to teachers for the Los Angeles Unified School District and the San Diego City School District, the number of employees and the full-time equivalent of all of the fractional time of employees serving the school district in positions mandated as the result of the school district’s court-ordered integration plan is excluded from the numbers identified pursuant to paragraphs (1) to (4), inclusive, of subdivision (a). (d) No individual may be counted as more than one full-time equivalent employee unless the individual is employed on a part-time basis in adult education, driver education, or vocational education, or any part-time or additional teaching assignment, in addition to the individual’s regular full-time assignment. (Amended by Stats. 2022, Ch. 908, Sec. 2. (AB 2038) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41404. Source version: id_b96ed9ba-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. (a) The Superintendent shall determine the reduction in state support resulting from excess administrative employees identified in paragraph (4) of subdivision (a) of Section 41403 as follows: (1) Compute the ratio that total state support to the school district general fund bears to the total general fund income of the school district. (2) Multiply the ratio determined pursuant to paragraph (1) by the average salary of administrative employees. (3) Multiply the product of paragraph (2) by the number of administrative employees converted to the nearest whole number in excess of the maximum number specified in Section 41402. (b) The amount of the second principal apportionment made to the school district for the current fiscal year pursuant to Section 41335 shall be reduced by the product so produced. However, no reduction shall reduce the final apportionment below the amount specified in Section 6 of Article IX of the California Constitution. (Amended by Stats. 2022, Ch. 908, Sec. 3. (AB 2038) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41404.5. Source version: id_e5845150-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. (a) A school district with an average daily attendance of more than 400,000 as of the 2016–17 second principal apportionment shall be exempt from any reduction in state support pursuant to Section 41404 for the 2019–20 fiscal year to the 2021–22 fiscal year, inclusive. A school district subject to this exemption shall submit the following to the Superintendent, the Department of Finance, and the budget committees of both houses of the Legislature: (1) By September 1, 2019, a report containing the administrator-to-teacher ratio calculated pursuant to this article for the 2011–12 fiscal year to the 2019–20 fiscal year, inclusive, a description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils, and a plan setting out goals for meeting the ratio by the 2023–24 fiscal year. (2) By each September 1 from 2020 to 2022, inclusive, a report detailing the administrator-to-teacher ratio calculated pursuant to this article for the prior fiscal year and the progress towards meeting the goals set out in the report provided pursuant to paragraph (1). (b) The Los Angeles Unified School District shall submit the following to the Superintendent, the Department of Finance, and the budget committees of both houses of the Legislature: (1) By September 1, 2023, a report containing the ratio of administrative employees to teachers calculated pursuant to this article for the 2011–12 fiscal year to the 2022–23 fiscal year, inclusive, a description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils and the number of teachers and administrators above the required ratio, and a plan setting out goals for meeting the ratio by the 2025–26 fiscal year. (2) By each September 1 from 2024 to 2025, inclusive, a report detailing the ratio of administrative employees to teachers calculated pursuant to this article, including the number of teachers and administrators above the required ratio, for the prior fiscal year and the progress towards meeting the goals set out in the report provided pursuant to paragraph (1). (c) (1) The Paradise Unified School District shall be exempt from any reduction in state support pursuant to Section 41404 for the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. (2) (A) The Paradise Unified School District shall be exempt from any reduction in state support pursuant to Section 41404 for the 2024–25 fiscal year to the 2026–27 fiscal year, inclusive. The Paradise Unified School District shall, by September 1, 2026, submit to the Superintendent, the Department of Finance, and the appropriate budget and policy committees of both houses of the Legislature, a report containing all of the following: (i) The administrator-to-teacher ratio calculated pursuant to this article for the 2024–25 fiscal year to the 2026–27 fiscal year, inclusive, including the number of teachers and administrators above the required ratio for the prior fiscal year. (ii) A description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils. (iii) A plan setting out goals for meeting the ratio by the 2026–27 fiscal year. (iv) The progress towards meeting the ratio by the 2026–27 fiscal year. (B) The report required pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (d) The Plumas Unified School District shall be exempt from any reduction in state support pursuant to Section 41404 from the 2023–24 fiscal year to the 2026–27 fiscal year, inclusive. (Amended by Stats. 2026, Ch. 65, Sec. 50. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41406. Source version: id_d3ab32bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. Amounts allowable from the State School Fund but not transferred thereto because of the operation of Section 41404 and the provisions of subdivision (b) of Section 14002, shall be held in the General Fund and shall be expended for public school purposes pursuant to appropriations thereof enacted by the Legislature. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41407. Source version: id_d3acb95f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. Notwithstanding any other provision of law, a school district is subject, with regard to Section 41402, to audits conducted pursuant to Section 41020. (Added by Stats. 2002, Ch. 1168, Sec. 21. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41409. Source version: id_d3acb961-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. (a) Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent of Public Instruction shall determine the statewide average percentage of school district expenditures that are allocated to the salaries of administrative personnel, as that term is defined in accounts 1200, 1300, 1700, 1800, and 2200 in Part I of the California School Accounting Manual published by the State Department of Education. For school districts using the Standardized Account Code Structure, the term salaries of administrative personnel are defined in object accounts 1300 and 2300 in Part II of the California School Accounting Manual. The Superintendent of Public Instruction also shall determine the statewide average percentage of school district expenditures that are allocated to the salaries of teachers, as defined in account 1100 in Parts I and II of the California School Accounting Manual. The statewide averages shall be calculated for the following types and sizes of school districts: District ADA Elementary ........................ less than 1,000 Elementary ........................ 1,000 to 4,999 Elementary ........................ 5,000 and greater High School ........................ less than 1,000 High School ........................ 1,000 to 3,999 High School ........................ 4,000 and greater Unified ........................ less than 1,500 Unified ........................ 1,500 to 4,999 Unified ........................ 5,000 to 9,999 Unified ........................ 10,000 to 19,999 Unified ........................ 20,000 and greater (b) Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent of Public Instruction shall determine the statewide average salary, by size and type of district, for the following: (1) Beginning, mid-range, and highest salary paid to teachers. (2) Schoolsite principals. (3) District superintendents. (c) The statewide averages calculated pursuant to subdivisions (a) and (b) shall be provided annually to each school district for use in the school accountability report card. (Amended by Stats. 2001, Ch. 734, Sec. 20. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] SECTION 41409.3. Source version: id_d3afc6a4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=6. Each school district, except for school districts maintaining a single school to serve kindergarten or any of grades 1 to 12, inclusive, shall include in the school accountability report card required under Section 35256 a statement that shall include the following information: (a) The beginning, median, and highest salary paid to teachers in the district, as reflected in the district’s salary scale. (b) The average salary for schoolsite principals in the district. (c) The salary of the district superintendent. (d) Based upon the state summary information provided by the Superintendent of Public Instruction pursuant to subdivision (b) of Section 41409, the statewide average salary for the appropriate size and type of district for the following: (1) Beginning, midrange, and highest salary paid to teachers. (2) Schoolsite principals. (3) District superintendents. (e) The statewide average of the percentage of school district expenditures allocated for the salaries of administrative personnel for the appropriate size and type of district for the most recent fiscal year, provided by the Superintendent of Public Instruction pursuant to subdivision (a) of Section 41409. (f) The percentage allocated under the district’s corresponding fiscal year expenditure for the salaries of administrative personnel, as defined in Sections 1200, 1300, 1700, 1800, and 2200 of the California School Accounting Manual published by the State Department of Education. (g) The statewide average of the percentage of school district expenditures allocated for the salaries of teachers for the appropriate size and type of district for the most recent fiscal year, provided by the Superintendent of Public Instruction, pursuant to subdivision (a) of Section 41409. (h) The percentage expended for the salaries of teachers, as defined in Section 1100 of the California School Accounting Manual published by the State Department of Education. (Amended by Stats. 1992, Ch. 759, Sec. 12. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] SECTION 41420. Source version: id_d3afc6a8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=7. (a) No school district, other than one newly formed, shall, except as otherwise provided in this article, receive any apportionment based upon average daily attendance from the State School Fund unless it has maintained the regular day schools of the district for at least 175 days during the next preceding fiscal year. (b) If any school within a school district fails to maintain its school for the required 175 days, the Superintendent of Public Instruction shall withhold from the district’s apportionment based upon average daily attendance a product of 0.01143 times the district’s apportionment for each additional day the school would have had to maintain operations to meet the 175 day requirement. For the purpose of this subdivision, except as otherwise provided, the State Board of Education shall establish the standards and criteria for defining a day qualifying for the 175-day minimum requirement. (Amended by Stats. 1981, Ch. 569, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] SECTION 41421. Source version: id_d3afc6aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=7. A school district is a newly formed district up to the close of the fiscal year in which its formation became effective for all purposes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] SECTION 41422. Source version: id_6ff2ff08-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=7. (a) A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or 175 days for a charter school, or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, snowstorm, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, which fact shall be shown to the satisfaction of the Superintendent by the affidavits of the members of the governing board of the school district, the governing board of the county office of education, or the governing board or body of the charter school and of the county superintendent of schools, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school. (b) This section shall also apply to school districts, county offices of education, or charter schools that, in the absence of one or more of the conditions prescribed by this section, would have qualified for funds pursuant to Sections 46200 to 46208, inclusive, or Section 47612.5, as applicable. (c) (1) Notwithstanding the inability to secure or hold a teacher, or because of the illness of the teacher pursuant to subdivision (a), from September 1, 2021, to June 30, 2022, inclusive, with the exception of a school closure for a schoolsite or class that only serves pupils who are individuals with exceptional needs, as defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 of Division 4 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27 of Division 4, a school district, county office of education, or charter school shall not receive the same apportionment from the State School Fund pursuant to this section as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school if the school closure was due to impacts from COVID-19. (2) (A) Notwithstanding paragraph (1), a school district, county office of education, or charter school may still receive credit for instructional days and minutes that were scheduled for in-person instruction, as demonstrated by the governing board or body approved calendar in place before the event, on days in which the school district, county office of education, or charter school was prevented from maintaining school due to the conditions indicated in paragraph (1) provided that instruction was offered to all eligible pupils through independent study pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 and implementing regulations adopted thereunder. (B) The superintendent of a school district, the county superintendent of schools, or the administrator of a charter school shall certify to the Superintendent to offering all eligible pupils instruction through independent study pursuant subparagraph (A). (3) Notwithstanding paragraph (1), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive the same apportionment from the State School Fund pursuant to this section for school closures related to impacts from COVID-19 due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools: (A) The school district, county office of education, or charter school is unable to provide in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance. (B) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (C) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (Amended by Stats. 2024, Ch. 477, Sec. 1. (SB 1429) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] SECTION 41423. Source version: id_d3b14d4e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=7. No money shall be apportioned to a district for the excess cost of educating pupils in a 24-hour elementary school of the district unless such school has met the requirements of the Superintendent of Public Instruction based upon educational standards and standards established by state agencies authorized by law to inspect or supervise child-caring institutions. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] SECTION 41450. Source version: id_d3b14d50-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=7. The Legislature finds that each year one or more school districts or county offices of education experience severe financial difficulty. In some cases these school districts or county offices of education request emergency apportionments from the state under the provisions of Article 2 (commencing with Section 41320). In order to reduce the need for these apportionments, it is the intent of the Legislature that the Superintendent of Public Instruction be authorized to provide assistance and guidance to school districts and county offices of education that are experiencing severe financial difficulty. That assistance and guidance shall be limited to the fiscal concerns addressed by the standards and criteria adopted pursuant to Section 33127. (Added by Stats. 1988, Ch. 1462, Sec. 1.15.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3. State School Fund [41300 - 41455] ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] SECTION 41455. Source version: id_d3b14d52-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.&article=7. After receiving the advice of the Controller, the Superintendent of Public Instruction is authorized pursuant to Section 41450 to contract with consultants possessing financial and administrative expertise, including county offices of education, to examine the financial problems of county offices of education and school districts that are identified as being in severe financial difficulty. The examination shall result in a written report to the Superintendent of Public Instruction regarding financial problems identified and recommendations on ways to alleviate them, which report shall be presented at a public meeting of the governing board of each of the school districts and county offices of education. (Added by Stats. 1988, Ch. 1462, Sec. 1.16.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] SECTION 41470. Source version: id_d3b2d3f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.1.&article=1. Notwithstanding any other provision of law, the West Contra Costa Unified School District is authorized to lease, rent, sell, or otherwise utilize, excess school district real properties and facilities, the proceeds of which shall be used for the exclusive and sole purpose of repaying specified loans from the General Fund. Those properties may include the properties identified by prior resolution of the Richmond Unified School District. No real properties upon which state funds have been expended for acquisition or construction of new, or renovation of existing, structures for which an encumbrance to the state is currently in effect, may be used for this purpose. Any proposed utilization of school district properties or facilities shall be specified in a general district plan that is part of the financial recovery plan developed by the district pursuant to Section 41327. (Added by Stats. 1993, Ch. 57, Sec. 4. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] SECTION 41471. Source version: id_d3b45a9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.1.&article=1. (a) The loan obligations to which this chapter applies are as follows: (1) The loan of nine million five hundred twenty-five thousand dollars ($9,525,000) made to the Richmond Unified School District from the General Fund as an emergency apportionment pursuant to Chapter 171 of the Statutes of 1990, less any principal payments made prior to enactment of this bill. (2) The loan of nineteen million dollars ($19,000,000) to the Richmond Unified School District, made pursuant to the May 2, 1991, order of the Superior Court of Contra Costa County. (3) Interest charges through January 31, 1993, at the rates established by the initial loan agreements or legislation, as reflected in the repayment schedule specified in paragraph (b) of Section 41472. Interest charges beginning February 1, 1993, apply at a rate equal to the daily investment rate of the Pooled Money Investment Account on January 1, 1993. (b) The loans specified in paragraphs (1) and (2) of subdivision (a) are hereby consolidated into one outstanding debt in the amount of twenty-eight million five hundred twenty-five thousand dollars ($28,525,000), less any principal payments made prior to enactment of this bill. (Added by Stats. 1993, Ch. 57, Sec. 4. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] SECTION 41472. Source version: id_d3b45a9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.1.&article=1. (a) The school district may prepay its loan obligation without incurring any prepayment penalties. (b) (1) The minimum payment on the consolidated debt shall be determined according to the following payment schedule: Due Date Payment Amount 2/1/93 $ 0 2/1/94 0 2/1/95 5,570,443 2/1/96 1,870,443 2/1/97 1,870,443 2/1/98 5,570,443 ————— (2) The debt remaining after the school district’s 1998 payment shall be repaid as a straight-line loan amortized over a 20-year term. This amount shall be repaid by the school district, plus interest calculated at a rate equal to the rate earned by the Pooled Money Investment Account on the date the act that adds this paragraph is chaptered, for a period not to exceed 20 years. (c) If payment is not made within 60 days after the scheduled date, the Controller shall pay the defaulted loan payment of principal and interest by withholding that amount from the next available payment that would otherwise be made to the county treasurer on behalf of the district pursuant to Section 14041 of the Education Code. However, subject to the approval of the Department of Finance, the amount withheld may be in monthly amounts as determined by an agreement between the West Contra Costa Unified School District and the Controller during the period beginning with the next available apportionment through the month preceding the next scheduled payment. (d) The Director of the Department of Finance may, upon the request of the Superintendent of Public Instruction, amend the payment schedule set forth in subdivision (b) if the director concludes that the amendment is warranted and is in the best interests of both the state and the West Contra Costa Unified School District education program. Upon that determination, the director shall notify the Joint Legislative Budget Committee that the payment schedule will be changed on the date that is 90 days from the date of notification if the Legislature is in session, unless the Joint Legislative Budget Committee takes appropriate action to preclude that change. If the 90-day period ends during a recess of the Legislature or while the Legislature is not in session, the 90-day period shall be extended until the Legislature reconvenes. Amendments to the repayment schedule shall defer the unpaid portion of a repayment of the earliest fiscal year in which no other repayment is scheduled. Interest shall accrue on the unpaid portion of a repayment from the scheduled due date until the time the payment is actually made. The interest charge shall be the same rate as specified in Section 41471. (e) If the district is able to sell properties in advance of any of the obligations contained in the schedule set forth in subdivision (b), the scheduled interest cost shall be reduced in accordance with any prepayments that are made. If the repayment schedule is amended pursuant to subdivision (d), all proceeds from any properties sold in advance of any of the obligations shall be used as prepayment on the schedule. (Amended by Stats. 1997, Ch. 950, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] SECTION 41473. Source version: id_d3b767df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.1.&article=1. Any and all provisions of statute that impose a condition on the sale, use, or transfer of public agency lands and properties as they would apply to the actions of the West Contra Costa Unified School District, including, but not limited to, Sections 17732 and 39363, pertaining to the use of schoolsite sale proceeds, and Section 39363.5 and Section 54222 of the Government Code pertaining to priority offerings of public lands for public purposes, are hereby waived until the loans identified in this article are repaid. This waiver authority does not extend to any real properties upon which state funds have been expended for acquisition or construction of new, or renovation of existing, structures for which an encumbrance to the state is currently in effect. (Added by Stats. 1993, Ch. 57, Sec. 4. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] SECTION 41474. Source version: id_d3b767e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.1.&article=1. Notwithstanding Sections 41471 and 41472, the school district may submit a request to the Director of Finance to have the interest rate on the remaining outstanding balance of its emergency apportionments changed to reflect the investment rate of the Pooled Money Investment Account as reported by the State Controller’s office for the immediately preceding fiscal year. Upon receipt of the request, the Director of Finance shall change the interest rate pursuant to this section. A change in the interest rate does not change other terms of the repayment schedule. (Amended by Stats. 2004, Ch. 52, Sec. 11. Effective June 21, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 1. Educator Effectiveness Block Grant [41480- 41480.] SECTION 41480. Source version: id_761b4a84-fed2-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=1. (a) (1) The sum of one billion five hundred million dollars ($1,500,000,000) is hereby appropriated from the General Fund to the Superintendent for the Educator Effectiveness Block Grant. The Superintendent shall apportion these funds to school districts, county offices of education, charter schools, and the state special schools in an equal amount per full-time equivalent certificated staff, which shall not exceed the total certificated staff count, and full-time equivalent classified staff count, for each eligible local educational agency, in the 2020–21 fiscal year. The Superintendent shall make the calculations pursuant to this section using the data submitted through the California Longitudinal Pupil Achievement Data System and classified staff data submitted through the California Basic Educational Data System as of October 2020. (2) A school district, county office of education, charter school, or state special school may expend the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2025–26 fiscal year, inclusive. School districts, county offices of education, charter schools, and state special schools shall coordinate the use of any federal funds received under Title II of the federal Every Student Succeeds Act of 2015 (Public Law 114–95) to support teachers and administrators with the expenditure of funds received pursuant to this subdivision. (3) It is the intent of the Legislature that the Educator Effectiveness Block Grant support increased educator access to standards-aligned professional support for high-need areas of instruction, including, but not limited to, English language instruction, inclusive special education, early childhood education, and science, technology, engineering, and mathematics (STEM) instruction, including, but not limited to, computer science. (b) A school district, county office of education, charter school, or state special school shall expend funds apportioned pursuant to this section to provide professional learning for teachers, administrators, paraprofessionals who work with pupils, and classified staff that interact with pupils, with a focus on any of the following areas: (1) Coaching and mentoring of staff serving in an instructional setting and beginning teacher or administrator induction, including, but not limited to, coaching and mentoring solutions that address a local need for teachers that can serve all pupil populations with a focus on retaining teachers, and offering structured feedback and coaching systems organized around social-emotional learning, including, but not limited to, promoting teacher self-awareness, self-management, social awareness, relationships, and responsible decisionmaking skills, improving teacher attitudes and beliefs about one’s self and others, and supporting learning communities for educators to engage in a meaningful classroom teaching experience. (2) Programs that lead to effective, standards-aligned instruction and improve instruction in literacy across all subject areas, including English language arts, history-social science, science, technology, engineering, mathematics, computer science, and preschool learning foundations. This may include coursework that would allow existing staff to become credentialed, fully credentialed for their assignment, or meet the requirements of subdivision (g) of Section 48000. (3) Practices and strategies that reengage pupils and lead to accelerated learning. (4) Strategies to implement social-emotional learning, trauma-informed practices, suicide prevention, access to mental health services, and other approaches that improve pupil well-being. (5) Practices to create a positive school climate, including, but not limited to, restorative justice, training around implicit bias, providing positive behavioral supports, multitiered systems of support, transforming a schoolsite’s culture to one that values diverse cultural and ethnic backgrounds, and preventing discrimination, harassment, bullying, and intimidation based on actual or perceived characteristics, including disability, gender, gender identity, gender expression, language, nationality, race or ethnicity, religion, or sexual orientation. (6) Strategies to improve inclusive practices, including, but not limited to, universal design for learning, best practices for early identification, and development of individualized education programs for individuals with exceptional needs. (7) Instruction and education to support implementing effective language acquisition programs for English learners, which may include integrated language development within and across content areas, and building and strengthening capacity to increase bilingual and biliterate proficiency. (8) New professional learning networks for educators not already engaged in an education-related professional learning network to support the requirements of subdivision (c). (9) Instruction, education, and strategies to incorporate ethnic studies curricula adopted pursuant to Section 51226.7 into pupil instruction for grades 7 to 12, inclusive. (10) Instruction, education, and strategies for certificated and classified educators in early childhood education, or childhood development. (11) (A) Strategies to improve beginning teacher retention and support through teacher induction programs, including mentor training, stipends for mentor teachers, beginning teacher induction program costs following initial preparation, the examination or assessment fee for one administration of the reading instruction competence assessment or a teaching performance assessment, training mentors to support candidates in completing a performance assessment or reading instruction competence assessment, or contracting with commission-approved preliminary teacher preparation programs to provide mentoring support for the completion of required assessments. (B) Funding apportioned pursuant to this section that is used to improve beginning teacher retention and support through teacher induction programs consistent with subparagraph (A), shall supplement and not supplant funding already provided by grant recipients for similar purposes. (c) To ensure professional development meets educator and pupil needs, local educational agencies are encouraged to allow schoolsite and content staff to identify the topic or topics of professional learning. Reasonably related costs of providing and attending professional learning, including, but not limited to, travel, per diem reimbursement, and substitute costs, are allowable expenditures of funds apportioned pursuant to this section. Professional learning provided pursuant to this section shall do both of the following: (1) Be content focused, incorporate active learning, support collaboration, use models of effective practice, provide coaching and expert support, offer feedback and reflection, and be of sustained duration. (2) As applicable, be aligned to the academic content standards adopted pursuant to Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.8, and 60605.11, and the model curriculum adopted pursuant to Section 51226.7, as those sections read on June 30, 2020, and former Section 60605.85, as that section read on June 30, 2014. (d) As a condition of receiving funds apportioned pursuant to this section, a school district, county office of education, charter school, or state special school shall do all of the following: (1) On or before March 31, 2023, develop and adopt a plan delineating the expenditure of funds apportioned pursuant to this section, including the professional development of teachers, administrators, paraprofessionals, and classified staff. The plan shall be presented in a public meeting of the governing board of the school district, county board of education, or governing body of the charter school, before its adoption in a subsequent public meeting. (2) On or before September 30, 2023, and again on or before September 30, 2026, report detailed expenditure information to the department, including, but not limited to, specific purchases made and the number of teachers, administrators, paraprofessional educators, or classified staff that received professional development. The department shall determine the format for this report. (3) Ensure that none of their local educational agency employees are charged a fee for services allowable under this section, including, but not limited to, beginning teacher induction program costs, during the grant period pursuant to this section. (e) The department shall summarize the information reported pursuant to subdivision (d) and shall submit the summary to the appropriate budget subcommittees and policy committees of the Legislature and to the Department of Finance on or before January 1, 2024, and again on or before November 30, 2026. The department shall determine the format for this report to optimize its production within existing resources, but shall include aggregated information on planned uses of the funds by allowable use and subject area. The report shall be submitted in compliance with Section 9795 of the Government Code. (f) Funding apportioned pursuant to this section is subject to the annual audits required by Section 41020. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2022, Ch. 52, Sec. 18. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 2. Multitiered Systems of Support [41490- 41490.] SECTION 41490. Source version: id_5d49f81a-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=2. (a) For the 2021–22 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the Superintendent to apportion to the Orange County Department of Education in the manner, and for the purposes, set forth in this section. The Orange County Department of Education shall encumber or expend the funds apportioned pursuant to this subdivision on or before June 30, 2026. (b) The Orange County Department of Education, in consultation with the Superintendent and the executive director of the state board, shall award no less than thirty million dollars ($30,000,000) of the amount appropriated in subdivision (a) as grants to local educational agencies for the purpose of funding schoolwide and districtwide implementation of services or practices aligned to the Multi-Tiered Systems of Support framework developed under the “Scale Up MTSS Statewide” (SUMS) project. The grants shall be awarded to local educational agencies on or before December 15, 2021. Any funds not awarded on or before December 15, 2021, shall be available for the Orange County Department of Education, in consultation with the Superintendent and the executive director of the state board, to award as grants to local educational agencies on or before December 15, 2022. (1) Grant funds awarded to local educational agencies shall be used to support the implementation of high quality integrated academic, behavioral, and social-emotional learning practices in an integrated multitiered system of support at the schoolwide level, including, but not limited to, all of the following: (A) Educator and leader training on the foundations of the California Multi-Tiered System of Support framework and practices, as developed by the SUMS project. (B) Ongoing training and coaching support to schoolsite educators and leaders in deepening the implementation of high leverage practices for integrated academic, behavioral, and social-emotional learning across tiers throughout the school community. (C) Ongoing training and support to school and local educational agency leaders in aligning practices, policies, and structures to create and sustain a schoolwide and agencywide integrated multitiered system of support. (D) Establishing school- and local educational agency-level multitiered system of support teams to support implementation efforts. (2) Grants shall be awarded with priority to local educational agencies serving a high number of unduplicated pupils, as defined in Section 42238.02, that have participated in local educational agency-level training to implement an integrated multitiered system of support. (3) Local educational agencies receiving funds shall measure and report on implementation fidelity at least annually using the tools and resources developed by the SUMS project. Data shall be reported to the Orange County Department of Education in a form available to the public. (4) (A) On or before September 30 of each fiscal year until the Orange County Department of Education has fully expended the funds allocated pursuant to this subdivision, the Orange County Department of Education shall submit an annual report to the Superintendent summarizing how it used the funds in the prior fiscal year. The Superintendent shall provide copies of these reports to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the state board, and the Legislative Analyst’s Office. (B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (c) (1) The Superintendent shall establish a process, in consultation with and subject to the approval of the executive director of the state board, to select a local educational agency, a local educational agency in partnership with an institution of higher education or nonprofit educational service provider, or a consortia, to partner with the Orange County Department of Education and the Butte County Office of Education to expand the state’s capacity to support local educational agencies’ implementation of social-emotional learning, trauma screening, trauma-informed practices, and culturally relevant, affirming, and sustaining practices. The selected entity, known as a partner entity, shall be selected on or before February 15, 2022. No more than twenty million dollars ($20,000,000) of the amount appropriated in subdivision (a) is available for purposes of this subdivision. (2) The partner entity shall have demonstrated expertise in developing and delivering high quality professional learning to educators in social-emotional learning, trauma-informed practices, and culturally relevant, affirming, and sustaining practices in a manner that aligns with local multitiered systems of support. The partner entity shall support the Orange County Department of Education and the Butte County Office of Education in offering high quality professional learning to educators and school leaders by performing all of the following functions: (A) Creating, collecting, and curating resources for educators on social-emotional learning, trauma screening, trauma-informed practices, and culturally relevant, affirming, and sustaining practices. (B) Providing ongoing training and support in the use of trauma screening tools and mental health service referrals, school climate surveys, and the use of tool and survey data. (C) Providing grants to local educational agencies to support both of the following: (i) Convening professional learning communities of educators and school leaders. (ii) Providing ongoing training and coaching to educators and school leaders. (3) In performing the work described in this subdivision, the partner entity, in partnership with the Orange County Department of Education and the Butte County Office of Education, shall, to the extent practicable, leverage current research and work related to how educators and school leaders can best address the social-emotional needs of pupils, and consult with experts in the field on matters related to trauma screening and trauma-informed practices. (4) For purposes of this subdivision, “high quality professional learning” shall include, but not be limited to, professional learning that is content-focused, incorporates active learning using adult learning theory, supports collaboration in job-embedded contexts, uses models and modeling of effective practices, provides coaching and expert support, and offers opportunities for feedback. (d) A local educational agency that receives a grant pursuant to subdivision (b), or high quality professional learning pursuant to subdivision (c), shall, as a condition of receiving the grant or high quality professional learning, provide to the Orange County Department of Education, the Butte County Office of Education, and the department any available outcome data resulting from the practices implemented, and participate in overall program evaluation. (e) The Orange County Department of Education may expend up to one million dollars ($1,000,000) of the amount appropriated pursuant to subdivision (a) to support the administration of grants and provide support to the grantees pursuant to Department of Finance approval of an expenditure plan. The Orange County Department of Education shall not expend moneys pursuant to this subdivision sooner than 30 days after the Department of Finance provides written notification of the approval of the expenditure plan to the Joint Legislative Budget Committee. (f) (1) Any funds set aside pursuant to subdivision (b) that are not awarded on or before December 15, 2022, shall be available for the Orange County Department of Education to provide support to local educational agencies impacted by the fire-related state of emergency proclaimed by the Governor in January 2025 in providing high-quality integrated academic, behavioral, and social-emotional learning practices to pupils and educators. This may include, but is not limited to, any of the following: (A) Training, coaching, and supporting educators on trauma-informed practices, tools, and resources to meet the unique needs of each schoolsite. (B) Grants to schools to support the educational and mental health needs of affected pupils and staff. (C) Scaling up of supports provided by the Los Angeles County Office of Education. (2) Notwithstanding subdivision (e), the Orange County Department of Education may expend up to 15 percent of the amount identified pursuant to this subdivision for administrative costs associated with supporting impacted local educational agencies. (g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2025, Ch. 8, Sec. 20. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] SECTION 41540. Source version: id_675e00c2-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=6. (a) There is hereby established the targeted instructional improvement block grant. Commencing with the 2005–06 fiscal year, the Superintendent shall apportion block grant funds to a school district in the same relative statewide proportion that the school district received in the 2003–04 fiscal year for the programs listed in Section 41541. (b) If a school district is not in violation of a court order regarding desegregation, the school district may expend funds received pursuant to this article for any purpose authorized by the programs listed in Section 41541 as the statutes governing those programs read on January 1, 2004. (c) For purposes of this article, “school district” includes a county office of education if county offices of education are eligible to receive funds for the programs that are listed in Section 41541. The block grant of a county office of education shall be based only on those programs for which it was eligible to receive funds in the 2003–04 fiscal year. (d) A school that received funding in the 2000–01 fiscal year, or any fiscal year thereafter, from a desegregation program or a targeted instructional improvement grant program pursuant to Chapter 2.5 (commencing with Section 54200) of Part 29, that was allocated by a school district as part of a court-ordered desegregation program before the school converted to a charter school, shall continue to receive its proportionate share of funding from the school district through the block grant established pursuant to this section if all of the following conditions are met: (1) The charter school continues to serve the same general population. (2) The charter school implements the intended goals of the court order. (3) The court order remains in effect. (e) On and after July 1, 2006, subdivision (d) shall not apply to charter schools that receive funds through the Charter School Categorical Block Grant established pursuant to Section 47634.1. (Amended by Stats. 2006, Ch. 730, Sec. 10.5. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] SECTION 41541. Source version: id_c14c369d-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=6. The targeted instructional improvement block grant shall include funding apportioned to school districts prior to January 1, 2005, for purposes of the following programs: (a) Targeted instructional improvement as set forth in Chapter 2.5 (commencing with Section 54200) of Part 29. (b) Supplemental grants as set forth in Article 9 (commencing with Section 54760) of Chapter 9 of Part 29. (Added by Stats. 2004, Ch. 871, Sec. 7. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] SECTION 41542. Source version: id_5f27606d-4b04-11db-91af-f597e203f55c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=6. Commencing with the 2006–07 fiscal year, the amount of funding a school district receives pursuant to this article shall be adjusted for inflation by the amount calculated pursuant to Section 42238.1 and for growth as measured by the regular average daily attendance used to calculate the second principal apportionment for kindergarten and grades 1 to 12, inclusive, unless otherwise provided in the annual Budget Act. (Amended by Stats. 2006, Ch. 371, Sec. 3. Effective September 20, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] SECTION 41543. Source version: id_c26bd771-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=6. In expending funds received pursuant to this article, a school district shall give first priority to funding the costs of a court-ordered desegregation program if the order exists and is still in force. (Added by Stats. 2004, Ch. 871, Sec. 7. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] SECTION 41544. Source version: id_57c50d65-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=6. (a) For a basic aid school district that was entitled to reimbursement pursuant to former Section 42247.4, as that section read on January 1, 2001, and that received an apportionment pursuant to subdivision (h) of former Section 42247.4, as that section read on January 1, 2001, because a court order directs pupils to transfer to that school district as part of the court-ordered voluntary pupil transfer program, the Superintendent, from the 2001–02 fiscal year to the 2012–13 fiscal year, inclusive, shall calculate an apportionment of state funds for that basic aid school district that provides 70 percent of the school district revenue limit calculated pursuant to former Section 42238, as that section read on January 1, 2013, that would have been apportioned to the school district from which the pupils were transferred for the average daily attendance of any pupils credited under that court order who did not attend the basic aid school district before the 1995–96 fiscal year. (b) For a basic aid school district that was entitled to reimbursement pursuant to former Section 42247.4, as that section read on January 1, 2001, and that received an apportionment pursuant to subdivision (h) of former Section 42247.4, as that section read on January 1, 2001, because a court order directs pupils to transfer to that school district as part of the court-ordered voluntary pupil transfer program, the Superintendent, commencing with the 2013–14 fiscal year, shall calculate an apportionment of state funds for that basic aid school district that provides 70 percent of the school district local control funding formula base grant calculated pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, for the school district from which the pupils were transferred for the average daily attendance of any pupils credited under that court order who did not attend the basic aid school district before the 1995–96 fiscal year. (c) For purposes of subdivision (b), “basic aid school district” means a school district that does not receive from the state, for any fiscal year in which this section is applied, an apportionment of state funds pursuant to subdivision (o) of Section 42238.02. (Amended by Stats. 2023, Ch. 48, Sec. 22. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 7. Low-Performing Students Block Grant [41570- 41570.] SECTION 41570. Source version: id_797bad7a-815d-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=7. (a) The Legislature finds and declares all of the following: (1) It is imperative that the state address the persistent academic achievement gap in California’s public schools that has led to inequitable outcomes and opportunities for children. (2) Several factors, including those that are the residual effects of the historical oppression of disempowered communities, contribute to low academic performance. (3) Helping all pupils succeed requires both resources and evidence-based practices to initiate and sustain authentic systemic change. (b) For the 2018–19 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the Controller for transfer to Section A of the State School Fund for allocation by the Superintendent to establish the Low-Performing Students Block Grant in the manner and for the purposes set forth in this section. (c) The Low-Performing Students Block Grant is hereby established as a state education funding initiative with the goal of providing grant funds to local educational agencies serving pupils identified as low-performing on state English language arts or mathematics assessments who are not otherwise identified for supplemental grant funding under the local control funding formula or eligible for special education services, as described in subdivision (d). (d) The Superintendent shall allocate an equal amount per pupil during the 2018–19 fiscal year to school districts, county offices of education, and charter schools for pupils meeting all of the following criteria: (1) The pupil does not meet academic achievement standards based on the most recently available results of the California Assessment of Student Performance and Progress, established by Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, in any of the following ways: (A) The pupil does not meet the achievement standard, also referred to as “level 1,” in both English language arts and mathematics. (B) The pupil does not meet the achievement standard, also referred to as “level 1,” in either English language arts or mathematics, and nearly meets the achievement standard, also referred to as “level 2,” in the other subject. (C) The pupil does not meet the achievement standard, also referred to as “level 1,” in either English language arts or mathematics, and does not have a valid score for the other subject. (2) The pupil is not an unduplicated pupil, as defined in Section 42238.02, for the same school year used as the basis for the performance results. (3) The pupil is not a pupil identified for special education services pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), for the same school year used as the basis for the performance results. (e) Block grant funds allocated to eligible school districts, county offices of education, or charter schools pursuant to this section are available for expenditure or encumbrance through the 2020–21 fiscal year and shall be used for evidence-based services that directly support pupil academic achievement, including, but not limited to, professional development activities for certificated staff, instructional materials, or additional supports for pupils. (f) (1) As a condition for receiving grant funds pursuant to this section, a school district, county office of education, or charter school shall develop a plan describing how the funds will increase or improve evidence-based services for the pupils identified pursuant to subdivision (d) to accelerate increases in academic achievement, and how the effectiveness of the services will be measured. The plan shall include information regarding how the services align with and are described in the school district’s local control and accountability plan required pursuant to Section 52060, the county superintendent of schools’ local control and accountability plan required pursuant to Section 52066, or the charter school’s local control and accountability plan required pursuant to Section 47605 or 47605.6 and Section 47606.5, as applicable. To ensure community and stakeholder input, the plan shall be discussed and adopted at a regularly scheduled meeting of the governing board of the school district, the county board of education, or the governing body of the charter school. (2) Grant recipients shall report to the Superintendent on or before March 1, 2019, regarding the adopted plan to use the grant funds to increase the academic performance of pupils identified pursuant to subdivision (d). On or before November 1, 2021, grant recipients shall report to the Superintendent regarding the implementation of the plan, the strategies used, and whether those strategies increased the academic performance of the pupils identified pursuant subdivision (d). (3) The department shall compile the information reported pursuant to this subdivision and submit reports to the appropriate policy and fiscal committees of the Legislature on or before July 1, 2019, and on or before February 1, 2022, and shall update the state board on the contents of those reports. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year. (Added by Stats. 2018, Ch. 32, Sec. 31.5. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 8. College Readiness Block Grant [41580- 41580.] SECTION 41580. Source version: id_fefe6a76-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=8. (a) The sum of two hundred million dollars ($200,000,000) is hereby appropriated from the General Fund to the Superintendent for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent to establish the College Readiness Block Grant in the manner and for the purposes set forth in this section. (b) The College Readiness Block Grant is hereby established for the purposes of providing California’s high school pupils, particularly unduplicated pupils as defined in Sections 42238.01 and 42238.02, additional supports to increase the number of pupils who enroll at institutions of higher education and complete an undergraduate degree within four years. (c) The Superintendent shall allocate an equal amount per unduplicated pupil enrolled in grades 9 to 12, inclusive, during the 2015–16 fiscal year to school districts, county offices of education, and charter schools. A school district, county office of education, or charter school serving at least one unduplicated pupil in grades 9 to 12, inclusive, during the 2015–16 fiscal year shall receive a total allocation of not less than seventy-five thousand dollars ($75,000). A school district, county office of education, or charter school is eligible for an allocation pursuant to this subdivision only for unduplicated pupils, as defined in Sections 42238.01 and 42238.02, attending a school that is currently accredited or in the process of obtaining accreditation from the Accrediting Commission for Schools, Western Association of Schools and Colleges. These funds are available for expenditure or encumbrance through the 2018–19 fiscal year. (d) Block grant funds apportioned to eligible local educational agencies shall be used for activities that directly support pupil access and successful matriculation to institutions of higher education. Eligible activities may include, but are not limited to, the following: (1) Providing teachers, administrators, and counselors with professional development opportunities to improve pupil A–G course completion rates, pupil college-going rates, and college readiness of pupils, including providing for the development of honors and Advanced Placement courses. (2) Beginning or increasing counseling services to pupils and their families regarding college admission requirements and financial aid programs. (3) Developing or purchasing materials that support college readiness, including materials that support high performance on assessments required for admittance to a postsecondary educational institution. (4) Developing comprehensive advising plans to support pupil completion of A–G course requirements. (5) Implementing collaborative partnerships between high schools and postsecondary educational institutions that support pupil transition to postsecondary education, including, but not limited to, strengthening existing partnerships with the University of California and the California State University to establish early academic outreach and college preparatory programs. (6) Providing subsidies to unduplicated pupils, as defined in Sections 42238.01 and 42238.02, to pay fees for taking Advanced Placement examinations. (7) Expanding access to coursework or other opportunities to satisfy A–G course requirements to all pupils, including, but not necessarily limited to, pupils enrolled in schools identified by the department as high schools with 75 percent or greater enrollment of unduplicated pupils, pursuant to subdivision (g). These opportunities may include, but shall not be limited to, new or expanded partnerships with other secondary or postsecondary educational institutions. (e) As a condition for receiving funds under this article, a school district, county office of education, or charter school shall develop a plan describing how the funds will increase or improve services for unduplicated pupils to ensure college readiness. The plan shall include information regarding how it aligns with the school district’s local control and accountability plan required pursuant to Section 52060, the county superintendent of schools’ local control and accountability plan required pursuant to Section 52066, or the charter school’s local control and accountability plan required pursuant to Section 47605 or 47605.6 and Section 47606.5. The plan shall also include a description of the extent to which all pupils within the school district, county office of education, or charter school, particularly unduplicated pupils, as defined in Sections 42238.01 and 42238.02, will have access to A–G courses approved by the University of California. In order to ensure community and stakeholder input, the plan shall be discussed at a regularly scheduled meeting by the governing board of the school district, county board of education, or governing body of the charter school and adopted at a subsequent regularly scheduled meeting. (f) As a condition for receiving funds under this article, grant recipients shall report to the Superintendent by January 1, 2017, on how they will measure the impact of the funds received on their unduplicated pupils’ access and successful matriculation to institutions of higher education, as identified within their plan. The department shall compile the information reported pursuant to this subdivision and submit a report to the appropriate policy and fiscal committees of the Legislature on or before April 30, 2017, and shall update the state board on the contents of that report at a regularly scheduled meeting of the state board. (g) The Superintendent shall annually post on the department’s internet website a list of each school with a percentage of unduplicated pupils in grades 9 to 12, inclusive, of at least 75 percent of the school’s total enrollment in grades 9 to 12, inclusive. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2015–16 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2015–16 fiscal year. (Amended by Stats. 2020, Ch. 370, Sec. 57. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 8.5. Dual Enrollment Opportunities [41585- 41585.] SECTION 41585. Source version: id_eb50d862-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=8.5. (a) Contingent upon an appropriation by the Legislature in the annual Budget Act or another statute, the department, in consultation with the office of the Chancellor of the California Community Colleges, shall, beginning on or before January 1, 2023, administer a competitive grant program to do all of the following: (1) Enable more local educational agencies to establish either middle college or early college high schools or programs that provide pupils with access to obtain college credits while enrolled in high school. (2) Provide incentives for local educational agencies to establish dual enrollment course opportunities that are consistent with the requirements of Section 76004. (3) Enable local educational agencies with existing middle college or early college high schools or programs or College and Career Access Pathways partnerships established pursuant to Section 76004 to couple robust pupil advising and success supports with dual enrollment opportunities and establish outreach campaigns to promote dual enrollment for new or existing middle college or early college high schools or programs or College and Career Access Pathways partnerships established pursuant to Section 76004. For local educational agencies with College and Career Access Pathways partnerships, outreach shall be focused toward families and pupils who may not be college bound or who are underrepresented in higher education. (b) (1) Of the funds appropriated in support of this grant program, the Superintendent shall provide approved applicants with either or both of the following, as applicable: (A) A one-time grant of up to two hundred fifty thousand dollars ($250,000) to support the costs to plan for and start up a, or a one-time grant of up to one hundred thousand dollars ($100,000) to expand an existing, middle college or early college high school or program that is located on the campus of a local educational agency, a partnering community college, or other location determined by the local partnership, and that is consistent with the specifications of Chapter 14 (commencing with Section 11300) of Part 7 of Division 1 of Title 1. (B) A one-time grant of up to one hundred thousand dollars ($100,000) to establish a College and Career Access Pathways dual enrollment partnership agreement that is consistent with the requirements of Section 76004 and to enable pupils at the participating high school to access dual enrollment opportunities pursuant to the College and Career Access Pathways partnership agreement. (2) Nothing shall preclude a local educational agency from using any unexpended funds received for the purposes of subparagraph (A) or (B) of paragraph (1) to collaborate with their partner community college to access pupil advising and success support services offered by the partner community college district. (3) Nothing shall preclude a local educational agency from using any unexpended funds received for the purposes of subparagraph (A) or (B) of paragraph (1) to support the professional development of educators to meet minimum standards to teach dual enrollment courses. (4) A local educational agency may request grants from either or both of the opportunities specified in subparagraphs (A) and (B) of paragraph (1). (5) As a condition of funding pursuant to this section, a local educational agency receiving a grant shall develop a plan for continued financial and administrative support of dual enrollment opportunities at schoolsites with coursework supported by the grant for a period of no less than three years after the end of the grant period, and provide to the department a written commitment to do so. (c) (1) A local educational agency seeking a grant under this section shall submit an application to the Superintendent at a time, in a manner, and with any appropriate information, as the Superintendent may reasonably require, including, but not limited to, evidence of an existing or planned partnership with an institution of higher education for the creation of the dual enrollment program. (2) The Superintendent shall give priority to available grant funds to support applications from local educational agencies that display any of the following characteristics: (A) The local educational agency has a higher than state average rate of unduplicated pupils, as defined in Section 42238.02. (B) The local educational agency has a higher than state average dropout rate. (C) The local educational agency has a higher than state average rate of suspension and a higher than state average rate of expulsion. (D) The local educational agency has higher than state average rates of child homelessness, foster youth, or justice-involved youth. (E) The local educational agency has a lower than state average rate of pupils completing all of the A–G courses required to be eligible for admission to the University of California or the California State University. (F) The local educational agency does not have a College and Career Access Pathways dual enrollment partnership agreement that is consistent with the requirements of Section 76004. (G) The local educational agency has not received previous dual enrollment funding pursuant to this section. (3) The Superintendent shall allocate an additional grant of fifty thousand dollars ($50,000) to a local educational agency that uses grant funds received for purposes of paragraph (1) of subdivision (b) to expand dual enrollment opportunities directly to justice-involved youth in county-operated facilities. (4) To ensure funds appropriated for the 2022–23 fiscal year are disbursed in a timely manner, the Superintendent shall begin disbursing funds for approved applicants on or before December 1, 2023. (5) To ensure funds appropriated for the 2026–27 fiscal year are disbursed in a timely manner, the Superintendent shall begin disbursing funds for approved applicants on or before January 1, 2027. (d) (1) Courses offered to high school pupils in dual enrollment programs pursuant to this section shall be part of structured, well-sequenced pathways and count toward postsecondary certificate or degree requirements, and are counted toward high school graduation requirements in equivalent subject areas. (2) It is the intent of the Legislature that courses offered to high school pupils pursuant to a College and Career Access Pathways partnership agreement established by Section 76004 are part of structured, well-sequenced pathways and consist of transfer-level courses, unless one of the following occurs: (A) The pupil elects to participate in a degree or certificate pathway that is not met with transfer-level courses. (B) The pupil, in mathematics, English, or both, in grade 10 or 11, would warrant access to innovative remediation coursework, as determined by the partnering local educational agency. The pupil may be placed into an innovative remediation course during their first year of participating in the College and Career Access Pathways partnership agreement as an intervention taken to ensure the pupil is on track to satisfactorily complete state and any local graduation requirements, as determined by the local educational agency, and is prepared for transfer-level coursework at a community college upon graduation. (e) On or before June 30, 2024, on or before June 30, 2027, and on or before June 30, 2030, the department shall prepare a summary of how the funds in this section were disbursed and used to further the goals listed in subdivision (a), and shall submit the summary to the Department of Finance, the Joint Legislative Budget Committee, the Senate Committee on Education, the Assembly Committee on Higher Education, and the Assembly Committee on Education. The summary shall include all of the following information: (1) The number of grants awarded, disaggregated by local educational agency. (2) A qualitative description of how the funding was used by local educational agencies to accomplish the goals listed in subdivision (a). (3) The total number of high school pupils by schoolsite enrolled in dual enrollment programs disaggregated by participation in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs. (4) The total number of community college courses by course category taken by pupils participating in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs. (5) The total number of successful course completions by course category disaggregated by participation in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs. (6) Course and program outcomes for pupils who were enrolled in dual enrollment programs, disaggregated by grade level, gender, socioeconomic status, race and ethnicity, and other disproportionately impacted groups. (f) It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data and outcome reporting on dual enrollment programs shall be linked through, and conducted in accordance with, the privacy requirements of the California Cradle-to-Career Data System. (g) For purposes of this article, “local educational agency” means a school district, charter school, county office of education, or regional occupational center or program. (Amended by Stats. 2026, Ch. 65, Sec. 51. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ARTICLE 9. A–G Completion Improvement Grant Program [41590- 41590.] SECTION 41590. Source version: id_8374a991-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=3.2.&article=9. (a) For the 2021–22 fiscal year, the sum of five hundred forty-seven million five hundred thirteen thousand dollars ($547,513,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the A–G Completion Improvement Grant Program in the manner and for the purpose set forth in this section. (b) The A–G Completion Improvement Grant Program is hereby established for the purpose of providing additional supports to local educational agencies to help increase the number of California high school pupils, particularly unduplicated pupils, who graduate from high school with A–G eligibility. (c) (1) (A) For the 2021–22 fiscal year, the Superintendent shall allocate three hundred million dollars ($300,000,000) of the sum appropriated pursuant to subdivision (a), in an equal amount for every unduplicated pupil enrolled in grades 9 to 12, inclusive, as reported in the California Longitudinal Pupil Achievement Data System for the 2020–21 fiscal year Fall 1 Submission to each local educational agency that is identified by the department pursuant to subdivision (h) as having an overall A–G completion rate of less than 67 percent. A local educational agency that is otherwise eligible and is receiving concentration grant funding as of the second principal apportionment certification for the 2020–21 fiscal year shall receive a total allocation under this paragraph of not less than seventy-five thousand dollars ($75,000). These funds are available for expenditure through the 2025–26 fiscal year. On or before September 30, 2026, each local educational agency receiving an allocation pursuant to this subparagraph shall report final expenditures to the department, which shall initiate collection of any unexpended funds. Any local educational agency that does not submit the final expenditure report shall forfeit all funds allocated pursuant to this subparagraph. (B) The allocation under this paragraph shall be known as an A–G Access Grant. (2) (A) For the 2021–22 fiscal year, the Superintendent shall allocate one hundred million dollars ($100,000,000) of the sum appropriated pursuant to subdivision (a), in an equal amount for every unduplicated pupil enrolled in grades 9 to 12, inclusive, as reported in the California Longitudinal Pupil Achievement Data System for the 2020–21 fiscal year Fall 1 Submission to each local educational agency that is identified by the department pursuant to subdivision (h) as having an overall A–G completion rate of 67 percent or higher. A local educational agency that is otherwise eligible and is receiving concentration grant funding as of the second principal apportionment certification for the 2020–21 fiscal year shall receive a total allocation under this paragraph of not less than seventy-five thousand dollars ($75,000). These funds are available for expenditure through the 2025–26 fiscal year. On or before September 30, 2026, each local educational agency receiving an allocation pursuant to this subparagraph shall report final expenditures to the department, which shall initiate collection of any unexpended funds. Any local educational agency that does not submit the final expenditure report shall forfeit all funds allocated pursuant to this subparagraph. (B) The allocation under this paragraph shall be known as an A–G Success Grant. (d) (1) A–G Access Grants and A–G Success Grants shall be used for activities that directly support pupil access to, and successful completion of, the A–G course requirements. Eligible activities may include, but are not limited to, any of the following: (A) Providing teachers, administrators, and counselors with professional development opportunities to improve the local educational agency’s A–G completion rate. (B) Developing comprehensive advising plans and pupil supports, including tutoring programs, to improve the local educational agency’s A–G completion rate. (C) Expanding access to coursework or other opportunities to satisfy A–G course requirements to all pupils, including, but not necessarily limited to, unduplicated pupils. These opportunities may include, but shall not be limited to, course development, course review, incorporating A–G course requirements into the local educational agency’s graduation requirements, and new or expanded partnerships with other secondary or postsecondary educational institutions. (D) Advanced Placement and International Baccalaureate fees for unduplicated pupils. (2) The Legislature encourages local educational agencies to direct A–G Success Grant funds towards pupils in danger of not achieving a grade of “C” or better in A–G courses. (e) (1) (A) For the 2021–22 fiscal year, the Superintendent shall allocate one hundred forty-seven million five hundred thirteen thousand dollars ($147,513,000) of the sum appropriated pursuant to subdivision (a), in an equal amount for every unduplicated pupil enrolled in grades 9 to 12, inclusive, as reported in the California Longitudinal Pupil Achievement Data System for the 2020–21 fiscal year Fall 1 Submission to each local educational agency. A local educational agency that is otherwise eligible and is receiving concentration grant funding as of the second principal apportionment certification for the 2020–21 fiscal year shall receive a total allocation under this paragraph of not less than seventy-five thousand dollars ($75,000). These funds are available for expenditure through the 2025–26 fiscal year. On or before September 30, 2026, each local educational agency receiving an allocation pursuant to this subparagraph shall report final expenditures to the department, which shall initiate collection of any unexpended funds. Any local educational agency that does not submit the final expenditure report shall forfeit all funds allocated pursuant to this subparagraph. (B) The allocation under this subdivision shall be known as an A–G Learning Loss Mitigation Grant. (2) (A) (i) A–G Learning Loss Mitigation Grants shall be used to allow pupils who receive a grade of “D,” “F,” or “Fail” in an A–G approved course in the spring semester of 2020 or the 2020–21 school year to retake those A–G courses. (ii) The method of offering pupils the opportunity to retake courses provided in clause (i) shall be determined by the local educational agency. (B) If sufficient funds are available after implementing subparagraph (A), a local educational agency may also use grant funds to offer credit recovery opportunities to all pupils to ensure pupils are able to graduate high school on time. (f) A grant recipient shall develop a plan on or before April 1, 2022, describing how the funds received under this section will increase or improve services for unduplicated pupils to improve A–G eligibility, including information about the number of pupils identified for opportunities to retake courses pursuant to paragraph (2) of subdivision (e). The plan shall include information regarding how the plan and described services supplement, and do not supplant, those services identified in the school district’s local control and accountability plan required pursuant to Section 52060, the county superintendent of schools’ local control and accountability plan required pursuant to Section 52066, or the charter school’s local control and accountability plan required pursuant to Section 47605 or 47605.6 and Section 47606.5, and the local educational agency’s learning recovery program plan adopted pursuant to Section 43522. The plan shall also include a description of the extent to which all pupils within the local educational agency, particularly unduplicated pupils, will have access to A–G courses approved by the University of California. In order to ensure community and stakeholder input, the plan shall be discussed at a regularly scheduled meeting by the governing board of the school district, county board of education, or governing body of the charter school and adopted at a subsequent regularly scheduled meeting. The plan adopted by the governing board or body shall be submitted to the Superintendent at the same time as the reported information required pursuant to subdivision (g). (g) A grant recipient shall report to the Superintendent on or before December 31, 2023, on how they are measuring the impact of the funds received under this section on their A–G completion rate, as identified within their plan, and the outcomes based on those measurements. The department shall compile the information reported pursuant to this subdivision and submit a report to the appropriate policy and fiscal committees of the Legislature on or before April 30, 2024, and shall update the state board on the contents of that report at a regularly scheduled meeting of the state board. A grant recipient shall report to the Superintendent on or before August 31, 2026, on final outcomes that measure the impact of the funds received under this section on their A–G completion rate. (h) The Superintendent shall annually post on the department’s internet website in an easily accessible location a list of each local educational agency’s and each individual high school’s A–G completion rate. (i) For purposes of this section, the following definitions apply: (1) “A–G completion rate” means the percentage of pupils who have satisfied the A–G subject matter requirements for admission to the California State University and the University of California with a grade of “C” or better in each of the required courses upon graduation for the prior year. (2) “A–G course” means a course that may be used to satisfy the A–G subject matter requirements for admission to the California State University and the University of California. (3) “A–G eligibility” means the pupil has satisfied the A–G subject matter requirements for admission to the California State University and the University of California with a grade of “C” or better in each of the required courses. (4) “Local educational agency” means a school district, county office of education, or charter school. (5) “Unduplicated pupil” has the same meaning as in Sections 42238.01 and 42238.02. (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2024, Ch. 38, Sec. 17. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41600. Source version: id_d3b8ee87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. For the purposes of computing allowances and apportionments from the State School Fund for the advance apportionment, first principal apportionment, and second principal apportionment on the basis of average daily attendance: (a) Each elementary school district shall be deemed to comprise the kindergartens and grades 1 to 8, inclusive, maintained by the district, and the seventh and eighth grades of the district not maintained by the district because of the attendance upon a junior high school of pupils who would otherwise attend upon seventh and eighth grades maintained by the district. (b) Each high school district shall be deemed to comprise all of grades 9 to 12, inclusive, maintained within the high school district whether maintained by a high school district. (c) Each unified school district shall be deemed to be an elementary school district comprising the kindergartens and grades 1 to 8, inclusive, maintained by the district and the seventh and eighth grades of the district not maintained by the district in elementary schools because of the attendance upon a junior high school of pupils who would otherwise attend the seventh and eighth grades maintained in elementary schools by the district, and a high school district comprising all of grades 9 to 12, inclusive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41601. Source version: id_60b33acc-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. For purposes of this chapter, the governing board of each school district shall report to the Superintendent during each fiscal year the average daily attendance of the school district for all full school months during (1) the period between July 1 and December 31, inclusive, to be known as the “first period” report for the first principal apportionment, and (2) the period between July 1 and April 15, inclusive, to be known as the “second period” report for the second principal apportionment. Each county superintendent of schools shall report the average daily attendance for the schools and classes maintained by the county superintendent of schools and the average daily attendance for the county school tuition fund. Each report shall be prepared in accordance with instructions on forms prescribed and furnished by the Superintendent. Average daily attendance shall be computed in the following manner: (a) The average daily attendance in the regular elementary, middle, and high schools, including continuation schools and classes, opportunity schools and classes, and special day classes, maintained by the school districts shall be determined by dividing the total number of days of attendance allowed in all full school months in each period by the number of days the schools are actually taught in all full school months in each period, excluding Saturdays or Sundays, excluding weekend makeup classes pursuant to Section 37223, and excluding weekend and intersession days that generated attendance through an attendance recovery program pursuant to Article 9 (commencing with Section 46210) of Chapter 2 of Part 26 of Division 4. (b) The attendance for schools and classes maintained by a county superintendent of schools and the county school tuition fund shall be reported in the same manner as reported by school districts. The average daily attendance in special education classes operated by county superintendents of schools shall be determined in the same manner as all other attendance under subdivision (a). The average daily attendance in all other schools and classes maintained by the county superintendents of schools shall be determined by dividing the total number of days of attendance in all full school months in the first period by a divisor of 70, in the second period by 135, and at annual time by 175. For attendance in special classes and centers pursuant to Section 56364 or Section 56364.2, as applicable, the average daily attendance shall be reported by the county superintendents of schools, but credited for local control funding formula purposes to the school district in which the pupil resides. (c) The days of attendance in classes for adults in correctional facilities shall be reported in the same manner as all other attendance under subdivision (a). The average daily attendance for adults in correctional facilities shall be determined by dividing the total number of days of attendance in all full school months in the first period by a divisor of 85, in the second period by 135, and at annual time by 175. (Amended by Stats. 2025, Ch. 8, Sec. 21. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41601.3. Source version: id_d3b8ee8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. Notwithstanding any other provision of law, participation in on-the-job work experience education by a pupil enrolled in continuation education shall not be included in the determination of that pupil’s total days of attendance for the purposes of calculating average daily attendance pursuant to subdivision (a) of Section 41601 unless the pupil is 18 years of age or less or has been continuously enrolled in a kindergarten to grade 12 program since his or her 18th birthday. (Added by Stats. 1993, Ch. 66, Sec. 12. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41601.5. Source version: id_d3b8ee8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. For any fiscal year, a school district with an increase in the number of units of average daily attendance from the second principal apportionment to the annual apportionment may request the county superintendent of schools to adjust the district’s revenue limit or block grant by utilizing the units of average daily attendance for the annual apportionment in lieu of the units of average daily attendance for the second principal apportionment. To qualify for this adjustment, the increase in the units of average daily attendance between the two periods shall meet the following requirements: (a) The increase shall be equal to either paragraph (1) or (2): (1) Equal to or greater than 2 percent. (2) For the 1984–85 fiscal year and each fiscal year thereafter, for school districts with less than 2,501 units of average daily attendance, equal to or greater than 10 units of average daily attendance. (b) The increase shall be attributable to pupils of migrant agricultural workers. (Amended by Stats. 1984, Ch. 910, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41601.6. Source version: id_502f0858-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. (a) For purposes of this section, the following definitions apply: (1) “Extended school year” means the period of time between the end of one school year and the beginning of the next school year. (2) “Local educational agency” means a school district or county office of education. (3) “Migratory pupil” has the same meaning as “currently migratory child” as defined in subdivision (a) of Section 54441. (4) “School year” means that portion of the school year during which the regular school year is maintained, which must include not less than the number of days required to entitle the school district or county office of education to apportionments of state funds. (b) (1) Commencing on January 1, 2024, to mitigate lost instruction time due to family movement related to migratory agricultural employment, up to two local educational agencies may request authorization from the department to provide an extended school year program to migratory pupils who, due to that family movement, enroll in kindergarten, including transitional kindergarten, or any of grades 1 to 6, inclusive, on or after March 1 of the school year and depart on or before December 1 of the next school year. (2) If more than two local educational agencies request authorization pursuant to paragraph (1), the department shall establish a process to determine the two local educational agencies that will be authorized based on the ability of each local educational agency to provide a high-quality extended school year program consistent with this section. (c) (1) Subject to paragraph (2), a local educational agency authorized to provide an extended school year program pursuant to paragraph (1) of subdivision (b) may receive average daily attendance funding as specified in Section 46300 for those migratory pupils who meet the enrollment parameters described in paragraph (1) of subdivision (b) who are enrolled in the program. Average daily attendance shall also be available from P-2 through June 30 for qualifying migratory pupils. The local educational agency shall report to the department the average daily attendance attributable to those migratory pupils in the school year in which the extended school year program ends. (2) To receive funding pursuant to paragraph (1), the local educational agency shall meet all of the following conditions: (A) Enrollment for the extended school year program is limited to migratory pupils who meet the enrollment parameters described in paragraph (1) of subdivision (b). (B) The days of attendance for the extended school year program are the same length of time as the schoolday for pupils of the same grade level attending summer school in the local educational agency in which the extended school year program is provided, but not less than the minimum schoolday for that grade level. (C) The extended school year program is comparable in standards, scope, and quality to the school year program offered during the regular school year. (D) Instruction for the extended school year program is conducted in-person and is not independent study as specified in Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4. (3) In addition to the funding described in paragraph (1), the local educational agency may supplement the extended school year program with funding appropriated for migrant children summer school programs pursuant to Section 54444.3 to offer additional days or hours of instruction, if the requirements for the migrant children summer school program are met. (d) Local educational agencies may enter into memoranda of understanding for the purpose of transferring funds generated by the attendance of migratory pupils in multiple school districts to a local educational agency operating a program described in paragraph (1) of subdivision (b). (e) A local educational agency operating a program described in paragraph (1) of subdivision (b) shall annually report to the department, in a form and manner specified by the department, all of the following: (1) The characteristics of pupils enrolled in the program. (2) Academic and other support services provided through the program. (3) Academic and other outcomes for pupils enrolled in the program. (4) The financing for the program, including any other local, state, federal, or nongovernmental funding sources used. (Added by Stats. 2022, Ch. 483, Sec. 2. (AB 1777) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41601.7. Source version: id_d3b8ee8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. A school district with an increase or decrease in the number of units of average daily attendance at a necessary small high school from the second principal apportionment to the annual apportionment may request the county superintendent of schools to adjust the district’s revenue limit or block grant by utilizing the units of average daily attendance for the annual apportionment for the necessary small high school in lieu of the units of average daily attendance for the second principal apportionment. To qualify for this adjustment, the following conditions shall be met: (1) The increase or decrease in the units of average daily attendance between the two periods at the necessary small high school shall be equal to or greater than 15 percent and such increase or decrease shall be attributable to pupils attending a necessary small high school which provides a program of education with individualized instruction in a residential setting at an institution for pupils who have been placed in foster care for rehabilitation purposes pursuant to Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (2) The school district reimburses the county superintendent of schools for the administrative costs of making the adjustment prescribed by this section. (Added by Stats. 1980, Ch. 1369, Sec. 1. Effective October 1, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41602. Source version: id_d3b8ee91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. The governing board of a school district affected by fluctuations in enrollments and attendance levels to a degree which will, in all likelihood, result in an actual total of average daily attendance for the fiscal year in excess of that shown in the second period report for the second principal apportionment provided for in Section 41601, may, with the approval of the Superintendent of Public Instruction, submit, in lieu of such second period report, a report of the estimated total average daily attendance for the fiscal year. The report shall be in the form prescribed by the Superintendent of Public Instruction, and shall be utilized for purposes of the second principal apportionment. If the average daily attendance of a district for the period of time between July 1 and June 30 exceeds the estimated total average daily attendance reported under this section, the appropriate increases and decreases in the several categories of attendance for which separate foundation programs are required to be computed shall be brought forward to the corresponding categories of the second period report for the next succeeding fiscal year. In the event the estimated total average daily attendance reported under this section exceeds the actual average daily attendance for the fiscal year, the Superintendent of Public Instruction shall withhold, pursuant to Section 41341, from apportionments made during the succeeding fiscal year, the amount of the excess moneys which may have been apportioned as a result thereof. (Amended by Stats. 1977, Ch. 570.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41603. Source version: id_d3ba7433-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. The amounts computed as allowable to any school district for state equalization aid shall be reduced by fifty percent (50%) of miscellaneous funds, as defined in Section 41604. In no event shall the reduction exceed the total amount allowable as equalization aid to the school district for the fiscal year. For such purposes, miscellaneous funds, as defined in Section 41604, received by a unified school district, shall be allocated to the kindergarten and elementary, and high school grades, respectively, on the basis of the proportion of the district’s total average daily attendance in each such grade level, and the provisions of Section 41600 shall be applicable. Should the amount of miscellaneous funds, as defined in Section 41604, actually received by a school district for any fiscal year be more or less than that reported to the Superintendent of Public Instruction, the Superintendent of Public Instruction shall during the fiscal year next succeeding withhold from or add to the apportionment made to the district from the State School Fund the amount of the excess or deficiency in the apportionment of state equalization aid from the State School Fund for the preceding year, if the amount of the excess or deficiency in such apportionment was one hundred dollars ($100) or more. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41604. Source version: id_d3ba7435-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. “Miscellaneous funds” as used in Section 41603 means the amount the county superintendent of schools has determined and reported to the Superintendent of Public Instruction, in accordance with regulations the Superintendent of Public Instruction is hereby authorized to adopt, that the district has received and which has been deposited to the credit of the general fund of the district for a fiscal year on account of in-lieu taxes or income from bonuses or royalties. Federal forest reserve funds, potash and potassium royalties received pursuant to United States federal mineral deposits, and motor vehicle license fees distributed pursuant to Section 11003.4 of the Revenue and Taxation Code received by a district shall not be considered miscellaneous funds as defined by this section. (Amended by Stats. 1981, Ch. 714, Sec. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41604.5. Source version: id_d3ba7437-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. Notwithstanding Section 41341, in order to avoid the cost of litigation to the state, the Superintendent of Public Instruction may negotiate a settlement with any local educational agency regarding prior year adjustments of miscellaneous funds received pursuant to Sections 41603 and 41604, if the funds were federal funds received in the 1979–80, 1980–81, or 1981–82 fiscal year as in-lieu of taxes due to the expansion of the Redwood National Park. (Added by Stats. 1983, Ch. 839, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41605. Source version: id_d3bbfad9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. If any computation made under, or necessitated by, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive and Sections 46300 to 46305 inclusive, results in an amount which is: (a) Less than one dollar ($1), the amount shall be counted as one dollar ($1). (b) More than one dollar ($1) and includes a fraction of one-half dollar ($0.50) or more, the fraction shall be counted as one dollar ($1). (c) More than one dollar ($1) and includes a fraction of less than one-half dollar ($0.50), the fraction shall not be counted. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41606. Source version: id_d3bbfadb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. The term “elementary school district” as used in Section 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, Sections 46304 and 46305, whichever are in effect, means, unless expressly provided otherwise, each elementary school district which is composed of a single elementary school district and each union elementary school district, joint union elementary school district, or unified school district; and does not include any elementary school district included within a union elementary school district or a joint union elementary school district or a unified school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41607. Source version: id_d3bbfadd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. For the purposes of computation of allowances and apportionments from the State School Fund, under effective sections of this code, each elementary school district as defined by Section 41606, and each high school district merged or otherwise included within a unified school district shall be deemed a separate and independent district, but all apportionments from the State School Fund on account of any district merged or otherwise included within a unified school district shall be made to the unified school district and shall be available for expenditure by the unified school district for all schools and classes of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 4. State School Fund—Computation of Allowance [41600 - 41608] ARTICLE 1. General Provisions [41600 - 41608] SECTION 41608. Source version: id_f5a09ab1-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=4.&article=1. For purposes of computation of allowances and apportionments from the State School Fund, whenever computations of apportionments based on average daily attendance are made for high school districts only the attendance in all classes of grades 9 to 12, inclusive, and in all types of ungraded classes that have been reported as attached to, or as a part of, a school that maintains any of grades 9 to 12, inclusive, shall be included. (Amended by Stats. 2021, Ch. 666, Sec. 27. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 10. Allowances for Transportation [41850 - 41851.1] SECTION 41850. Source version: id_d3c39c26-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=10. (a) Apportionments made pursuant to this article shall only be made for home-to-school transportation and special education transportation, as defined in this section. (b) As used in this article, “home-to-school transportation” includes all of the following: (1) The transportation of pupils between their homes and the regular full-time day school they attend, as provided by a school district or county superintendent of schools. (2) The payment of moneys by a school district or county superintendent of schools to parents or guardians of pupils made in lieu of providing for the transportation of pupils between their homes and the regular full-time day schools they attend. (3) Providing board and lodging to pupils by a school district or county superintendent of schools made in lieu of providing for the transportation of pupils between their homes and the regular full-time day schools they attend. (4) The transportation of pupils between the regular full-time day schools they would attend and the regular full-time occupational training classes they attend, as provided by a regional occupational center or program. (5) The transportation of individuals with exceptional needs as specified in their individualized education programs, who do not receive special education transportation as defined in subdivision (d). (6) The payment of moneys by a school district or county superintendent of schools for the replacement or acquisition of schoolbuses. (c) For purposes of this article, the computation of the allowances provided to a regional occupational center or program shall be subject to all of the following: (1) A regional occupational center or program shall receive no allowance for 50 percent of the total transportation costs. (2) A regional occupational center or program shall be eligible for a transportation allowance only if the total transportation costs exceed 10 percent of the total operational budget of the regional occupational center or program. (3) A regional occupational center or program eligible for a transportation allowance pursuant to paragraph (2) shall receive an amount equal to one-third of the transportation costs subject to reimbursement. (d) As used in this article, “special education transportation” means either of the following: (1) The transportation of severely disabled special day class pupils, and orthopedically impaired pupils who require a vehicle with a wheelchair lift, who received transportation in the prior fiscal year, as specified in their individualized education program. (2) A vehicle that was used to transport special education pupils. (Amended by Stats. 1992, Ch. 759, Sec. 14. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 10. Allowances for Transportation [41850 - 41851.1] SECTION 41850.1. Source version: id_60b394f7-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=10. (a) (1) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, the Superintendent shall apportion to each school district and county superintendent of schools that provides pupil transportation services, a transportation allowance equal to 60 percent of the home-to-school transportation expenditures reported by the school district or county superintendent of schools, as determined by its Function 3600 entry in the Standardized Account Code Structure (SACS) report, consistent with the definition in the California School Accounting Manual, for the prior year, excluding capital outlay and nonagency expenditures. This allowance shall be reduced by the amount of the transportation add-on computed for the prior fiscal year under paragraph (1) of subdivision (h) of Section 42238.02 and adjusted under paragraph (3) of subdivision (h) of Section 42238.02 for a school district or subparagraph (A) of paragraph (2) of subdivision (e) of Section 2574 and adjusted under subparagraph (C) of paragraph (2) of subdivision (e) of Section 2574 for a county superintendent of schools. If this reduction results in an amount less than zero, the transportation allowance under this section shall be zero. (2) Home-to-school transportation expenditures reported for a school district with two component school districts under a common administration board pursuant to Section 35110 shall be divided among the component school districts in proportion to the transportation add-on amounts computed pursuant to paragraph (1) of subdivision (h) of Section 42238.02. (3) For reorganized school districts, the prior fiscal year home-to-school transportation expenditures for purposes of paragraph (1) shall be determined as follows: (A) A new school district shall be credited with the amount of eligible home-to-school transportation expenditures reported by each former school district before the reorganization. A new school district shall not be credited with eligible home-to-school transportation expenditures reported by divided school districts before the reorganization. (B) An acquiring school district shall be credited with the amount of eligible home-to-school transportation expenditures it reported before the reorganization, plus the amount of eligible home-to-school transportation expenditures reported by each former school district before the reorganization. A new school district shall not be credited with eligible home-to-school transportation expenditures reported by divided school districts before the reorganization. (C) The remaining portion of a divided school district shall be credited with eligible home-to-school transportation expenditures it reported before the reorganization. (D) If the reorganization includes a former school district that has been wholly included in more than one new or acquiring school districts, the amount of eligible home-to-school transportation expenditures shall be determined in a manner consistent with the adjustments made to the transportation add-on specified in paragraph (1) of subdivision (h) of Section 42238.02 pursuant to subdivision (c) of Section 35735. (b) A local educational agency shall be subject to audits required by Section 41020 with respect to this section, including adoption of the transportation plan pursuant to Section 39800.1. The Controller shall include instructions appropriate to the enforcement of this section in the audit guide required by subdivision (a) of Section 14502.1. (c) The department shall annually collect and publish transportation data from each local educational agency providing pupil transportation services and that receives an apportionment pursuant to this section. The data shall encompass ridership, miles driven, expenditure details, the number of pupils transported, the demographic characteristics of pupils transported, including race, ethnicity, and socioeconomic status, and other data facilitating comparisons among local educational agencies. The department shall determine the specific data elements in consultation with the Legislature and with local experts, including the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8. (d) As used in this section, “local educational agency” means a school district, excluding a school district with a districtwide charter petition approved pursuant to Section 47606, or county office of education that is providing school transportation services. (e) School districts and county offices of education that provide transportation services by means of a joint powers agreement, a cooperative pupil transportation program, or a consortium shall receive transportation allowances pursuant to this section. (Amended by Stats. 2023, Ch. 48, Sec. 23. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 10. Allowances for Transportation [41850 - 41851.1] SECTION 41851.1. Source version: id_d3c522cc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=10. (a) For the 1989–90 fiscal year, from Section A of the State School Fund, the Superintendent of Public Instruction shall apportion to each school district or county superintendent of schools, as appropriate, an amount computed pursuant to this section. School districts and county superintendents of schools that provide transportation services by means of a joint powers agreement, a cooperative pupil transportation program, or a consortium shall receive transportation allowances pursuant to this section. (b) For the 1989–90 fiscal year, each school district, joint powers agency, cooperative pupil transportation program, or consortium shall receive a transportation apportionment equal to the greater of the following: (1) Sixty-five percent of the prior year’s approved transportation costs. (2) The prior year’s transportation allowance. (c) For the 1989–90 fiscal year, each county office of education shall receive a transportation apportionment equal to the greater of the following: (1) Eighty percent of the prior year’s approved transportation costs. (2) The prior year’s transportation allowance. (d) In the event that funds appropriated for the purposes of this section are not sufficient to fully fund the formula established by that section, the amounts apportioned shall be reduced on a proportionate basis. (Added by Stats. 1989, Ch. 83, Sec. 11. Effective June 30, 1989.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] SECTION 41880. Source version: id_d3cb3d6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=11. The provisions of this article shall supersede any other provisions of this code in conflict therewith. Allowances under this article shall be provided pursuant to regulations of the State Board of Education and standards and requirements established by the State Board of Education. (Added by renumbering Section 41891 by Stats. 1980, Ch. 1353, Sec. 23. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] SECTION 41881. Source version: id_d3cb3d70-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=11. The Superintendent of Public Instruction shall allow to each district participating in a regional occupational center or to each county superintendent of schools operating a regional occupational center, for each unit of average daily attendance attributable to a person educated in a regional occupational center or program pursuant to Section 52315, the following amounts: (a) One thousand nine hundred fifty-five dollars ($1,955) for each person with a visual impairment. (b) One thousand one hundred twenty dollars ($1,120) for each deaf person. (c) Six hundred twenty dollars ($620) for each orthopedically impaired person. The allowance prescribed by this section is in addition to other allowances or apportionments which may be received because of such attendance and can only be received if the specific service for which the allowance or apportionment is made is not otherwise provided by a community college within a reasonable commuting distance of the regional occupational center. Each governing body maintaining a regional occupational center or program shall account for expenditures made on account of additional special instruction and support services pursuant to Section 52315. Expenditures shall be reported as an amount per pupil in average daily attendance in each of the categories specified in subdivisions (a), (b), and (c). If the Superintendent of Public Instruction determines that the expenditures, as reported, do not equal or exceed the allowances prescribed in subdivisions (a), (b), and (c), the amount of the deficiency shall be withheld from apportionments to the school district or the county superintendent of schools in the succeeding fiscal year in accordance with the procedure prescribed in Section 41341. (Amended by Stats. 1994, Ch. 1288, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] SECTION 41886.5. Source version: id_d3cb3d72-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=11. The Superintendent of Public Instruction shall establish procedures to limit the minimum number of students required to start a new special class as funded in Sections 41882, 41884, 41885, and 41886 and to proportionately reduce the class allowance for classes started after the beginning of the regular school year. (Added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41900. Source version: id_d3ccc416-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The Superintendent of Public Instruction shall allow to each school district maintaining a high school or high schools, county superintendent of schools, the Department of the Youth Authority, and the State Department of Education an amount equal to the actual cost, but not in excess of ninety-seven dollars ($97) per pupil instructed in the laboratory phase of driver education in accordance with Sections 41902 and 41905 and with regulations set forth by the State Board of Education to the districts, county superintendents of schools, the Department of the Youth Authority, and the State Department of Education for instructing pupils in the laboratory phase of driver education. (Amended by Stats. 1989, Ch. 924, Sec. 3. Operative July 1, 1990, by Sec. 6 of Ch. 924.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41901. Source version: id_d3ccc418-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The governing board of each school district maintaining a high school or high schools, each county superintendent of schools, the California Youth Authority, and the State Department of Education shall report annually to the county superintendent of schools and to the Superintendent of Public Instruction on forms provided by the Superintendent of Public Instruction, the cost of instructing such pupils, and other information that may be required for the computation of the total direct and direct support cost incurred in the instruction of the pupils in automobile driver training. (Amended by Stats. 1987, Ch. 1452, Sec. 334.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41902. Source version: id_d3ccc41a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. Allowances by the Superintendent of Public Instruction shall be made only for driver training classes maintained in accordance with the rules and regulations as set forth by the State Board of Education. Driver training may be made available to eligible students and, if made available, no tuition shall be charged. The governing board of a district maintaining a high school or high schools, the county superintendent of schools, the California Youth Authority, and the State Department of Education may make driver training available during school hours, or at other times, or any combination thereof. (Amended (as amended by Stats. 1981, Ch. 102) by Stats. 1981, Ch. 133, Sec. 1. Effective July 1, 1981.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41903. Source version: id_d3ccc41c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The Superintendent of Public Instruction shall determine the amount of total direct and direct support cost incurred by each school district, each county superintendent of schools, the Department of the Youth Authority, and the State Department of Education during each current fiscal year for the establishment and maintenance of automobile driver training for pupils enrolled in the schools of the district, the county superintendent of schools, the Department of the Youth Authority, and the State Department of Education in accordance with regulations that he or she may prescribe. “Total direct and direct support cost,” as used in this section, includes the total current expenditures incurred for instructing pupils in automobile driver training in special classes, including, but not limited to, automobile replacement, insurance, and upkeep and maintenance of automobiles used in the training. “Special classes,” as used in this section, includes classes providing automobile driver training for pupils who may be excused, for the purpose of taking instruction in automobile driver training. (Amended by Stats. 1989, Ch. 924, Sec. 4. Operative July 1, 1990, by Sec. 6 of Ch. 924.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41904. Source version: id_d3ce4abe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The Superintendent of Public Instruction may promote and direct the establishment and maintenance of courses of instruction in automobile driver education and driver training in the public schools. For this purpose, the superintendent may employ professional and other personnel as necessary to give full effect to this article. There is hereby established within the State Department of Education a unit for driver instruction to be comprised of three consultants and necessary support staff. All necessary costs and expenses incurred for purposes of this section shall be provided for from funds that may be appropriated by the Legislature from the Driver Training Penalty Assessment Fund. (Amended by Stats. 1989, Ch. 924, Sec. 5. Operative July 1, 1990, by Sec. 6 of Ch. 924.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41905. Source version: id_d3ce4ac0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. No allowance shall be made under this article for the instruction of pupils in automobile driver training unless the school district, the county superintendent of schools, the California Youth Authority, and the State Department of Education has complied with the rules and regulations of the State Board of Education governing the establishment, conduct, and scope of automobile driver education and driver training, except that such rules and regulations shall not relate in any way to teacher certification or licensing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41906. Source version: id_d3ce4ac2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. In applying for state reimbursement for driver training expenses incurred in the school year 1968–69 and thereafter, school districts, county superintendents of schools, the California Youth Authority, and the State Department of Education shall certify to having met the requirements set forth in this article and, in addition, shall certify that all teachers used in the driver education or driver training programs are qualified instructors, as defined in Section 41907. (Amended by Stats. 1996, Ch. 1045, Sec. 1. Effective September 30, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41907. Source version: id_d3ce4ac4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. A qualified instructor is one who has passed an approved driver’s instruction examination and holds a designated subjects credential or who holds a valid prior credential authorizing instruction in automobile driver education and driver training. (Amended by Stats. 1982, Ch. 1042, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41907.5. Source version: id_d3ce4ac6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. (a) Any waiver granted by the Commission on Teacher Credentialing of the credentialing requirements specified in Section 41907 shall not extend beyond one year unless the individual to whom the waiver was granted demonstrates substantial progress toward meeting those credentialing requirements. (b) This section shall be implemented only upon certification by the Commission on Teacher Credentialing that it has developed alternative routes to coursework requirements authorized pursuant to Section 44260.7, and that reasonable opportunities exist for prospective credentialholders to receive this coursework. (Added by Stats. 1996, Ch. 1045, Sec. 2. Effective September 30, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41908. Source version: id_d3cfd168-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The governing board of any school district employing persons exclusively to teach driver training shall adopt and make public a salary schedule setting the daily or pay period rate or rates for such persons. Salary amounts and criteria for advancement contained in any salary schedule adopted pursuant to this section shall be established at the sole discretion of the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41909. Source version: id_d3cfd16a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The Superintendent of Public Instruction shall make an additional allowance to each school district maintaining a high school or high schools, each county superintendent of schools, the California Youth Authority, and the State Department of Education as reimbursement for the actual expense of replacing vehicles used exclusively in automobile driver training programs and of replacing simulators used in such programs, but the amount shall not exceed three-fourths of that part of the actual cost of instructing pupils in automobile driver training during the preceding fiscal year which was: (1) in excess of eighty dollars ($80) per pupil instructed, and (2) expended by the district, the county superintendent of schools, California Youth Authority, or State Department of Education replacing the vehicles and simulators. Reimbursement for vehicle shall be computed for only that portion of the total mileage used exclusively in driver training programs. For purposes of computing reimbursement, whenever a school district, a county superintendent of schools, the California Youth Authority, or the State Department of Education replaces a driver training vehicle or simulator purchased by the district, the county superintendent of schools, California Youth Authority, or Department of Education with a vehicle or simulator that is a gift or loan, the purchase price of the new or acquired equipment shall be deemed to be the market value of the vehicle or simulator acquired through a gift or loan. (Amended by Stats. 1984, Ch. 268, Sec. 5.7. Effective June 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41910. Source version: id_d3cfd16c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The Department of Education may grant waivers of automobile driver training education provisions of the Education Code for the purpose of establishing experimental driver education programs directed toward improving cost effectiveness in the reduction of traffic crashes. Waivers under this section shall not increase program reimbursements authorized pursuant to Sections 41304 and 41306. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41911. Source version: id_d3cfd16e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The allowances made to the several school districts and county superintendents of schools, and to the California Youth Authority and Department of Education under Sections 41900 and 41909 shall, when the Superintendent of Public Instruction determines that the funds credited to the Driver Training Penalty Assessment Fund during the preceding fiscal year will be insufficient to provide the full amounts otherwise allowable, be proportionately reduced. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41912. Source version: id_d3cfd170-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. (a) The Legislature finds and declares all of the following: (1) To assist in reducing the number of fatalities involving youthful drivers, a minimum standard of six hours of behind-the-wheel driver training conducted by a public or private secondary school, or by a qualified instructor of a licensed private driving school, shall be established. (2) According to the National Highway Traffic Safety Administration, traffic crashes are the number one killer of teenagers. Per mile driven, teenage drivers are involved in accidents four times as often as adults. (3) According to the Center for Disease Control and Prevention, motor vehicle crashes are the leading cause of death among youths 16 to 20 years of age. Nationwide, about 6,000 youths 16 to 20 years of age, die each year in traffic accidents. Teenage drivers represent about 7 percent of the country’s population, but account for about 17 percent of the victims of fatal crashes. (4) According to the Department of Motor Vehicles, during 1993, 4,163 people were killed and 315,184 were injured in traffic accidents across the state. (5) According to the National Safety Council, driver error causes 69 percent of all automobile collisions. Annually, 11,900,000 accidents occur nationwide resulting in 2,000,000 injuries and 42,000 fatalities. Automobile accidents cost one hundred sixty-seven billion dollars ($167,000,000,000) annually. (6) The Department of Motor Vehicles has introduced the first major revision of the driver’s license test since 1933, in recognition of a need to require first-time drivers to pass an examination representative of the complex driving conditions confronting motorists throughout the state. A minimum of six hours of behind-the-wheel driver training conducted by a public or private secondary school, or by a qualified instructor of a licensed private driving school, is required to prepare the first-time driver under 18 years of age to pass this examination. (b) The expressed purpose of the Legislature is that highway accidents can and must be reduced through the education and training of drivers prior to licensing, and that this instruction properly belongs in the high school curriculum on a basis of having comparable standards of instruction, quality, teacher-pupil ratio and class scheduling in driver education as in other courses in the regular academic program. Only through a high quality program of driver instruction can the greatest potential in traffic accident prevention be realized. Further, the state has a responsibility to share in the reasonable costs of providing those courses. (Amended by Stats. 1996, Ch. 1045, Sec. 3. Effective September 30, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41913. Source version: id_d3d15812-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. Notwithstanding any other provision of law, the governing board of any school district maintaining secondary schools, may, subject to Sections 41913 to 41919, inclusive, enter into contracts with approved private driver training schools to provide to any or all of the eligible enrolled students of the district, the automobile driver training as provided pursuant to Section 51852. No such contract shall be valid unless approved by the governing board. The driver training provided under contract by an approved private driver training school shall be under the exclusive control and management of the governing board of the school district and shall comply with all rules and regulations of the State Board of Education relating to driver training offered by the public schools, except that a driver training instructor of the approved private driver training school shall not be required to possess any teaching credential or certification document of any kind except as required by the Driving School Department of the Department of Motor Vehicles. Nothing in this section shall prohibit the governing board from entering into contracts with more than one approved private driver training school and apportioning students among such schools. Upon approval of the contract, the governing board shall transmit a copy of the signed contract to the State Department of Education. (Amended by Stats. 1983, Ch. 652, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41914. Source version: id_d3d15814-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. As used in this article, an “approved private driver training school” is one which: (a) Has a valid license issued by the Department of Motor Vehicles pursuant to Chapter 1 (commencing with Section 11100) of Division 5 of the Vehicle Code. (b) Maintains at all times limits of liability insurance established by the State Superintendent of Public Instruction equal to that required of the contracting school district. (c) Provides, for such automobile driving instruction, dual-control automobiles approved by the Department of Motor Vehicles. (d) Meets such other requirements as shall be established by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41915. Source version: id_d3d15816-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. Any contract entered into and approved in the manner provided pursuant to Section 41913 may entitle the approved driver training school to payment by the school district of the sum of not more than 150 percent of the amount reimbursable to the school district as “excess cost” provided pursuant to Sections 41306, 41900, and 41903. In the event that a student who has commenced the driver training for which the district has contracted pursuant to Section 41913 and the student does not complete the driver training for any reason, the approved private driver training school may be paid a portion of the contract price which is proportionate to the amount in “excess cost,” if any, received by the school district for such student, compared to the amount the district would have received had the student completed the training. (Amended by Stats. 1978, Ch. 358.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41916. Source version: id_d3d15818-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. Upon presentment to the governing board by the approved private driver training school written verification of the name, school, dates, and times of each automobile driver training instruction lesson and such other information required by the governing board, the approved private driver training school shall be paid the contract amount as determined pursuant to Section 41915. (Amended by Stats. 1983, Ch. 652, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41917. Source version: id_d3d1581a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. The governing board of any school district shall be entitled to reimbursement for driver training provided by approved private driver training schools pursuant to this article in the amount authorized pursuant to Section 41900, upon certifying to the Superintendent of Public Instruction the number of pupils for whom automobile driver training instruction lessons was provided pursuant to Sections 41913 to 41919, inclusive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41918. Source version: id_d3d1581c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. Notwithstanding the provisions of Section 41907, a regular employee of a contracting approved private driver training school shall be a qualified instructor for automobile driver training provided that: (a) He holds a valid driver instructor license issued by the Department of Motor Vehicles, and (b) He has completed the driver instructor course required by the Department of Motor Vehicles. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] SECTION 41919. Source version: id_d3d2debe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=12. No approved private driver training school may enter into a contract pursuant to this article unless it has, at the time of entering into the contract, been operating in the State of California for at least 24 consecutive months. A contracting approved private driver training school shall provide instruction pursuant to one of the plans authorized pursuant to Section 51852. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] SECTION 41930. Source version: id_d3d46566-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=14. As used in this article the term “project” means any major, localized, undertaking by or under the jurisdiction of the State Department of Water Resources, or by or under the jurisdiction of the State Department of Water Resources and the federal government, jointly, which has a duration, estimated by the Director of the Department of Water Resources, of more than three years. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] SECTION 41931. Source version: id_d3d46568-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=14. A project-connected pupil, as used in this article, means a child of a parent, guardian, or other person standing in loco parentis who has enrolled in the regular full-time day schools of the district subsequent to the commencement of a project, whose parent or guardian is employed by a contractor or subcontractor in connection with the project, or by the State of California whose work is in connection with the project, and which child is in addition to the number of children who would otherwise normally be expected to be in the district. The identification of project-connected pupils shall be subject to the approval of the Superintendent of Public Instruction in accordance with regulations that he is herewith authorized to adopt. The records identifying and accounting for the attendance of project-connected children shall be prescribed by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] SECTION 41932. Source version: id_d3d4656a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=14. For the 1964–1965 fiscal year and each fiscal year thereafter, the Superintendent of Public Instruction shall allow to each eligible district, for each unit of average daily attendance in the regular full-time day schools of the district during the preceding fiscal year of project-connected pupils, as project-connected pupils are defined in Section 41931, an amount equal to the foundation program of the district, any supplemental amount computed under the Education Code, less basic state aid, and state equalization aid for the preceding fiscal year, divided by the second period average daily attendance of the district for the preceding fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] SECTION 41933. Source version: id_d3d4656c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=14. The units of average daily attendance of project-connected pupils, as defined in Section 41931 for a fiscal year shall be computed by dividing the total number of days of attendance of such pupils by the number of days school was actually taught in the regular day schools of the district during the fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] SECTION 41934. Source version: id_d3d4656e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=14. A district shall be eligible for an allowance under Section 41932 if the average daily attendance of project-connected pupils is at least 10 in the district during the preceding fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] SECTION 41935. Source version: id_d3d46570-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=14. For the purposes of this article, pupils in grades 7 and 8 attending a junior high school maintained by a high school district shall be deemed to be in attendance in the schools of the elementary district of residence. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] SECTION 41936. Source version: id_d3d5ec12-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=14. Amounts allowed pursuant to this article shall be apportioned by the Superintendent of Public Instruction at the same time and as a part of the special purpose apportionment made under the provisions of Section 41334, whichever is in effect. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 15. Allowances to County School Tuition Funds [41950- 41950.] SECTION 41950. Source version: id_d3d5ec16-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=15. The Superintendent of Public Instruction shall allow to each county school tuition fund one hundred twenty dollars ($120) for each unit of average daily attendance of pupils residing in the county and attending school in an adjoining state during the fiscal year. Such average daily attendance shall not be included in the computations provided for in Section 41761. (Amended by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 16. Allowances for Severance Aid [41960 - 41964] SECTION 41960. Source version: id_d3d5ec1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=16. Whenever real property within a school district is acquired for state highway purposes, the Superintendent of Public Instruction shall allow to the school district an amount of severance aid as provided in this section, in addition to any other allowances provided by this chapter. For the five years following the acquisition of such property the Superintendent of Public Instruction shall allow to the school district severance aid based on the amount of tax revenues the school district would have received from such property if there had been no such acquisition, computed as follows: for the year following such acquisition, the district shall be allowed the amount of tax revenues, except revenues for bond interest and redemption, which would have been paid during the year of acquisition if the taxes assessed on the property acquired were then paid in full; for the second year the district shall be allowed 80 percent of such amount; for the third year the district shall be allowed 60 percent of such amount; for the fourth year the district shall be allowed 40 percent of such amount; and for the fifth year the district shall be allowed 20 percent of such amount. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 16. Allowances for Severance Aid [41960 - 41964] SECTION 41962. Source version: id_fd395645-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=16. School districts may apply for severance aid as provided in this article on forms provided by the Superintendent, and in accordance with regulations that the Superintendent is authorized to adopt. (Amended by Stats. 2021, Ch. 666, Sec. 29. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 16. Allowances for Severance Aid [41960 - 41964] SECTION 41963. Source version: id_d3d772be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=16. No allowance of severance aid shall be made as provided in Section 41960 unless the total assessed value of taxable real property within the school district is reduced by one-half of one (0.5) percent or more during a fiscal year by reason of acquisitions giving rise to severance aid as provided in Section 41960. In determining whether or not the value of the acquisitions is equal to one-half of one (0.5) percent or more of the value of taxable real property, all of these acquisitions made during each fiscal year shall be considered as one sum. (Amended by Stats. 1994, Ch. 922, Sec. 55. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 16. Allowances for Severance Aid [41960 - 41964] SECTION 41964. Source version: id_d3d772c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=16. On or before each May 25th, the Superintendent of Public Instruction shall determine and certify to the Controller the amount of severance aid computed and to be allowed to school districts under Section 41960 for the fiscal year. On or before each June 15th, the Controller shall order the transfer, from the Motor Vehicle Transportation Tax Account in the Transportation Tax Fund to the State School Fund, of the amount of severance aid computed and to be allowed to school districts for the fiscal year as so certified, and the amount so computed and certified is hereby appropriated for purposes of the transfer. The Department of Transportation may charge or allocate to the appropriate particular projects on account of which severance aid was computed, the amounts so transferred. (Amended by Stats. 1994, Ch. 922, Sec. 56. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 17. Recomputation of Allowances [41970 - 41972] SECTION 41970. Source version: id_d3d772c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=17. The total amount apportioned from Section A of the State School Fund shall not exceed the amount provided by law therefor. If the total amount provided for Section A of the State School Fund is greater than the total apportioned, the balance from any specified expenditure authorization in Sections 41300 and 41301 shall be used to decrease deficits in apportionments from Section A of the State School Fund in the order prescribed in Section 41972. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 17. Recomputation of Allowances [41970 - 41972] SECTION 41971. Source version: id_d3d772c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=17. If the total amount allowed for each subdivision in Sections 41300 and 41301 is less than the apportionments named in the subsections, the apportionments shall be reduced proportionately or as otherwise prescribed. Prior to the close of the fiscal year, such reductions shall be restored to the extent possible pursuant to Section 41970. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 17. Recomputation of Allowances [41970 - 41972] SECTION 41972. Source version: id_d3d8f968-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=17. Balances available from any appropriation for apportionments from Section A of the State School Fund and funds provided by subdivision (c) of Section 14002, or provided by any other provision of law in lieu of those sections, shall be used to restore any reductions in apportionments to elementary, high, and unified school districts and county superintendents of schools as follows: (a) First, for revenue limits computed pursuant to Sections 2558 and 42238. (b) Second, for special education computed pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30. (c) Third, for home-to-school transportation computed pursuant to Section 41856 or, commencing with the 1984–85 fiscal year, Article 10 (commencing with Section 41850) of Chapter 8. Any remaining balances otherwise transferable under subdivisions (b) and (c) of Section 14002 shall revert to the General Fund. (Amended by Stats. 1998, Ch. 89, Sec. 12. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 4. Computation of District Aid and Areawide Aid [41760.2- 41760.2.] SECTION 41760.2. Source version: id_d3bd8187-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=4. On or before November 15 of each year, the county auditor of each county shall furnish to the Superintendent of Public Instruction the calculated amount of secured tax receipts, the calculated amount of unsecured tax receipts, estimated prior year tax receipts, and estimated timber tax receipts of each school district or portion of school district situated within his or her county. On or before August 15, after close of each fiscal year, the county auditor of each county shall furnish to the Superintendent of Public Instruction actual secured tax receipts, actual unsecured tax receipts, actual prior year tax receipts, actual timber tax receipts, and any other appropriate taxes or subventions of each school district or portion of school district situated within his or her county. This information shall be forwarded on forms prescribed by the Superintendent of Public Instruction. (Added by Stats. 1980, Ch. 1354, Sec. 37.7. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 5. Basic State Aid for Elementary School Districts [41790- 41790.] SECTION 41790. Source version: id_d3bf082b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=5. The Superintendent of Public Instruction shall allow one hundred twenty dollars ($120) to each elementary school district for each unit of average daily attendance therein during the fiscal year as computed for the district under Sections 46117 and 46333, but not less than two thousand four hundred dollars ($2,400) shall be allowed to any elementary school district, to be known as basic state aid. (Amended by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 6. Basic State Aid for High School Districts [41800- 41800.] SECTION 41800. Source version: id_d3bf082f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=6. The Superintendent of Public Instruction shall allow to each high school district one hundred twenty dollars ($120) for each unit of average daily attendance in the district during the fiscal year as computed under subdivision (a) of Section 41601, subject to the provisions of Section 41608, but not less than two thousand four hundred dollars ($2,400) shall be allowed to any high school district, to be known as basic state aid. The Superintendent of Public Instruction shall exclude from the computation of allowances provided by this section the average daily attendance during the fiscal year of adults, as adults are defined in Section 52610, and of inmates of any state penal institution for adults or of any city, county, or city and county jail, road camp or farm for adults. (Amended by Stats. 1991, Ch. 756, Sec. 7. Effective October 9, 1991.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 8. Adjustment of Allowances [41830- 41830.] SECTION 41830. Source version: id_d3c08ed3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=8. Notwithstanding the provisions of Articles 5, 6, and 7 (commencing with Sections 41790, 41800, and 41810, respectively) of this chapter, or any other provision of law to the contrary, if the computation made under Article 7 (commencing with Section 41810) of this chapter for any grade level maintained by a district, results in no allowance of equalization aid for such district for such grade level, the amount allowable therefor to such district under said Articles 5, 6, and 7 (commencing with Sections 41790, 41800, and 41810, respectively) of this chapter, per unit of the particular categories of average daily attendance used for such computations, shall be one hundred twenty dollars ($120) per unit of such average daily attendance during the preceding fiscal year. (Amended by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 8.5. Continuous School Program [41835- 41835.] SECTION 41835. Source version: id_d3c08ed7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=8.5. Each school district maintaining a continuous school program in any school within the district pursuant to Chapter 3 of Part 22 shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at that school that it would have received if the school had been operating under the provisions of law relating to the regular school year, including summer school. (Repealed and added by Stats. 1987, Ch. 1452, Sec. 333.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] SECTION 41840. Source version: id_f96543d3-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=9. A school district or county superintendent of schools may only claim average daily attendance for apportionment purposes for schools or classes maintained for adults in correctional facilities if those classes meet the requirements of Section 41976. (Amended by Stats. 2021, Ch. 666, Sec. 28. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] SECTION 41841.5. Source version: id_d3c2157d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=9. (a) The Superintendent of Public Instruction shall allocate to each school district maintaining a secondary school or county superintendent of schools that offers adult education classes for adults in correctional facilities an amount equal to the actual current expense of the district or county superintendent of schools of maintaining those classes for the fiscal year. The amount so allowed for each unit of average daily attendance in these classes shall in no event exceed the statewide average revenue limit for adults multiplied by 0.8. However, for the 1993–94 and 1994–95 fiscal years, the amount so allowed to a district or county superintendent of schools for each unit of average daily attendance in classes for adults in correctional facilities shall in no event exceed the statewide average revenue limit at which adults in correctional facilities were funded in the 1992–93 fiscal year, as adjusted by any cost-of-living adjustment pursuant to Section 42238.1. For the purposes of this section “correctional facilities” includes any county jail, county industrial farm, or county or joint county road camp. Each school district or county superintendent of schools shall receive advanced apportionments as authorized by Sections 41330, 41332, and 41335 on the basis of the cost data report of the district for the preceding fiscal year and each district or county superintendent of schools shall file a preliminary cost data report based upon estimated current expenses. For purposes of this section, the Superintendent of Public Instruction shall, by rules and regulations, establish minimum standards for the conduct of the adult education classes, including, but not necessarily limited to, attendance requirements and requirements concerning records to be kept and reports to be submitted. (b) There is hereby appropriated from the General Fund to Section A of the State School Fund the following sums for the following fiscal years for the purposes of subdivision (a): (1) For the 1980-81 fiscal year ........................ $1,020,100 (2) For the 1981-82 fiscal year and each fiscal year thereafter ........................ $1,113,000 Commencing with the 1982–83 fiscal year, the amounts in paragraph (2) shall be cumulatively increased by 6 percent, unless otherwise provided by law. Commencing with the 1990–91 fiscal year, the amounts in paragraph (2) shall be increased by the percentage change determined pursuant to subdivision (b) of Section 42238.1. (Amended by Stats. 1993, Ch. 670, Sec. 5. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] SECTION 41841.6. Source version: id_d3c39c20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=9. (a) Except as otherwise provided in subdivision (b) of Section 46191, for the 2000–01 fiscal year for purposes of Sections 1909 and 41841.5, in calculating the average daily attendance for schools or classes for adults in correctional facilities, a school district or county board of education may not claim or report any increase in average daily attendance in excess of the average daily attendance claimed and authorized pursuant to this article during the previous fiscal year multiplied by a factor of 1.025 to 1.14, as specified as follows: (1) A school district or county office of education that has not experienced a loss of average daily attendance due to extenuating circumstances may not claim or report an increase in average daily attendance in excess of that authorized pursuant to this article during the previous fiscal year multiplied by 1.025. (2) A school district that experienced a loss of units of average daily attendance due to extenuating circumstances may not claim or report an increase in average daily attendance in excess of that authorized pursuant to this article during the previous fiscal year multiplied by a factor equivalent to the number derived by adding 1.025 to the extenuating circumstances factor, as defined pursuant to paragraph (3). (3) For purposes of this section, “a school district or county office of education that experienced a loss of average daily attendance due to extenuating circumstances” means a school district or county office of education that experienced a loss of average daily attendance as a result of the temporary or permanent closure of jails, a jail, or a unit thereof, that occurred on or after June 30, 1993, at which the district or office provided jail education programs that were subject to reimbursement by the state. (4) For purposes of paragraph (2), “extenuating circumstances factor” means that number derived by dividing the number of units of average daily attendance lost to circumstances defined in paragraph (3) divided by the number of units of average daily attendance claimed in the fiscal year prior to the extenuating circumstances occurring, provided that the factor does not exceed 0.115. (5) Any school district or county office of education claiming additional average daily attendance pursuant to the “extenuating circumstances factor” defined in paragraph (4) shall document the extenuating circumstances and the data involved in calculating their extenuating circumstances factor. This subdivision shall apply only to average daily attendance generated in the 2000–01 fiscal year. (b) Except as otherwise provided in subdivision (b) of Section 46191, commencing with the 2001-02 fiscal year, and for each fiscal year thereafter, for purposes of Sections 1909 and 41841.5, in calculating the average daily attendance for schools or classes for adults in correctional facilities, a school district or county board of education may not claim or report any increase in average daily attendance in excess of the average daily attendance authorized pursuant to this article during the previous fiscal year multiplied by 1.025, unless the Legislature approves a greater increase for that fiscal year in the annual Budget Act. (c) Notwithstanding subdivision (b), for the 2003–04 fiscal year, and each fiscal year thereafter, a school district or county office of education shall calculate the maximum average daily attendance it may claim for schools and classes for adults in correctional facilities for the then-current fiscal year by multiplying the maximum average daily attendance that it would have been authorized to claim for those programs, without regard to actual average daily attendance, for the immediately preceding fiscal year by 1.025, or a greater increase if approved by the Legislature for that fiscal year in the annual Budget Act or other measure. (d) It is the intent of the Legislature to provide, through subsequent measures, additional adjustments to increase allocations for adults in correctional facility educational programs to the extent that funds are available. (e) No state funds shall be allocated to a school district or county board of education for units of average daily attendance for programs set forth in this section unless the allocations are in compliance with this section. (Amended by Stats. 2002, Ch. 1067, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5. Foundation Program [41760.2 - 41972] ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] SECTION 41841.8. Source version: id_d3c39c22-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.&article=9. Notwithstanding Sections 1909 and 41841.5, or any other provision of law, commencing with the 1994–95 fiscal year and each fiscal year thereafter, any school district or county superintendent of schools that did not maintain schools or classes for adults in correctional facilities in the 1993–94 fiscal year and that subsequently offers those schools or classes shall not claim, or receive apportionments for, more than 20 units of average daily attendance for the first year in which the school district or county superintendent of schools offers those classes. (Added by Stats. 1993, Ch. 670, Sec. 7. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] SECTION 41975. Source version: id_8790e893-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.3.&article= (a) Apportionments and allowances to a school district from Section A of the State School Fund in a fiscal year may not be less than the product of one hundred twenty dollars ($120) multiplied by the average daily attendance of the district in the preceding fiscal year, or two thousand four hundred dollars ($2,400), whichever amount is the greater. (b) State funds apportioned to each school district for categorical education programs, or other state funds apportioned to each school district from the State School Fund, shall be applied to meet the requirement of Section 6 of Article IX of the California Constitution to provide a minimum of one hundred twenty dollars ($120) of state aid per pupil or two thousand four hundred dollars ($2,400) per school district. (c) Notwithstanding any other law, the Superintendent of Public Instruction may not increase the local control funding formula apportionment of any school district pursuant to Section 42238.02 or 42238.03, as applicable, to provide basic state aid pursuant to Section 6 of Article IX of the California Constitution or any other law, unless that school district has not received the greater amount of one hundred twenty dollars ($120) per pupil or two thousand four hundred dollars ($2,400) from all state funds, including funds for categorical education programs. If a school district receives less than the amount specified in this subdivision, the Superintendent of Public Instruction shall allocate the difference between the amount of state funds received and the constitutional minimum of the greater amount of one hundred twenty dollars ($120) per pupil or two thousand four hundred dollars ($2,400) per school district. (Amended by Stats. 2024, Ch. 38, Sec. 18. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] SECTION 41976. Source version: id_01116057-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.3.&article= For purposes of this chapter, the following classes and courses are authorized to be offered by school districts and county superintendents of schools for the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, apportionment purposes from the adult education fund: (a) Programs for adults in elementary and secondary basic skills, including programs leading to a high school diploma or a high school equivalency certificate. (b) Programs for adult immigrants who are eligible for educational services in citizenship, English as a second language, immigrant integration, and workforce preparation. (c) Programs for adults, including, but not limited to, older adults, that are primarily related to entry or reentry into the workforce. (d) Programs for adults, including, but not limited to, older adults, that are primarily designed to develop knowledge and skills to assist and support elementary and secondary school pupils to succeed academically in school. (e) Programs for adults with disabilities. (f) Programs for adults in career technical education that are short term in nature and have high employment potential. (g) Programs for adults offering preapprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. (Amended by Stats. 2021, Ch. 666, Sec. 30. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] SECTION 41976.1. Source version: id_d3da8010-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.3.&article= Notwithstanding Section 41976, any school district may offer adult education courses and classes in the adult education programs described in Section 41976 provided that district qualifies for funding to begin those courses or classes pursuant to Section 52616.18. (Added by Stats. 1992, Ch. 1193, Sec. 1. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 1193.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] SECTION 41980. Source version: id_d3dc06b8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.4.&article= (a) Any separate joint powers entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that has as its sole function the provision of school transportation services may, subject to prior approval by the Superintendent of Public Instruction, be designated a single school district for purposes of receiving state apportionments or allowances in support of those services or programs. Those school transportation apportionments or allowances shall be allocated to a separate joint powers entity under this section in any fiscal year only to the extent that the governing board of the school district or districts that would otherwise receive those state apportionments or allowances expressly approves that allocation under a resolution adopted on or before June 30 preceding that fiscal year. (b) Any separate joint powers entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that has as its sole function the provision of school food services may, subject to prior approval by the Superintendent of Public Instruction, be designated a single school district for purposes of receiving state apportionments or allowances in support of those services or programs. Those school food apportionments or allowances shall be allocated to a separate joint powers entity under this section in any fiscal year only to the extent that the governing board of the school district or districts that would otherwise receive those state apportionments or allowances expressly approves that allocation under a resolution adopted on or before June 30 preceding that fiscal year. (Amended by Stats. 1989, Ch. 1414, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] SECTION 41981. Source version: id_d3dc06ba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.4.&article= For purposes of this chapter, and notwithstanding the provisions of Section 6505.5 of the Government Code, the fiscal officer of the joint powers entity shall be the county superintendent of schools. If the joint powers entity is situated partly within two or more counties, in terms of its participating school districts, the fiscal officer shall be the county superintendent of schools of the county in which the greatest area of the joint powers entity lies. (Added by Stats. 1988, Ch. 824, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] SECTION 41982. Source version: id_d3dd8d5c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.4.&article= The joint powers entity shall be subject to the same budget, expenditure, appropriation, accounting, auditing, and program requirements as school districts and county superintendents of schools generally with respect to school transportation programs and food services programs. Employees of the Newhall School District, the William S. Hart Union High School District, the Sulphur Springs Union School District, the Saugus Union School District, or the Castaic Union School District who become employees of a joint powers entity that has as its sole function the provision of school food services, pursuant to the participation of their respective schools in the joint powers entity, shall be entitled to carry over their seniority upon transfer to the joint powers entity. (Amended by Stats. 1989, Ch. 1414, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] SECTION 41983. Source version: id_d3dd8d5e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=5.4.&article= The Superintendent of Public Instruction may adopt regulations for the implementation of this chapter, including, but not limited to, standards and requirements relating to applications, approvals, reports, apportionments, and allowances, and changes in membership of the joint powers entity. (Added by Stats. 1988, Ch. 824, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 1. Statements [42100 - 42105] SECTION 42100. Source version: id_d3df1404-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=1. (a) On or before September 15, the governing board of each school district shall approve, in a format prescribed by the Superintendent of Public Instruction, an annual statement of all receipts and expenditures of the district for the preceding fiscal year and shall file the statement, along with the statement received pursuant to subdivision (b), with the county superintendent of schools. On or before October 15, the county superintendent of schools shall verify the mathematical accuracy of the statements and shall transmit a copy to the Superintendent of Public Instruction. (b) On or before September 15, each charter school shall approve, in a format prescribed by the Superintendent of Public Instruction, an annual statement of all receipts and expenditures of the charter school for the preceding fiscal year and shall file the statement with the entity that approved the charter school. (c) The forms prescribed by the Superintendent of Public Instruction shall be adopted as regulations by the State Board of Education, and may be amended periodically to accommodate changes in statute or government reporting standards. (Amended by Stats. 2002, Ch. 1058, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 1. Statements [42100 - 42105] SECTION 42103. Source version: id_217527d1-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=1. (a) The governing board of each school district shall hold a public hearing on the proposed budget in a school district facility, or some other place conveniently accessible to the residents of the school district. The public hearing shall be held any day on or before the date specified for this purpose in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127, but not less than three working days following availability of the proposed budget for public inspection. At the hearing, any resident in the school district may appear and object to the proposed budget or any item in the budget. (b) The public hearing required by this section may be concluded on the proposed budget when there are no requests for further hearing on file, and shall be concluded no later than the date specified for this purpose in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127. The budget shall not be finally adopted by the governing board of the school district until after the public hearing has been held. (c) The proposed budget shall show expenditures, cash balances, and all revenues, as required to be tabulated pursuant to Sections 42122 and 42123, and also shall include an estimate of those figures, unaudited, for the preceding fiscal year. In addition, any tax statement submitted by the governing board of the school district pursuant to subdivision (a) of Section 42127, any school district tax requirement computed pursuant to subdivision (b) of Section 42127 for the school year to which the proposed budget is intended to apply, and any recommendations made by the county superintendent of schools pursuant to subdivision (d) of Section 42127 shall be made available by the school district for public inspection in a facility of the school district or in some other place conveniently accessible to residents of the school district. (d) (1) (A) Notification of the dates and location or locations at which the proposed budget may be inspected by the public, and the date, time, and location of the public hearing on the proposed budget, shall be published by the school district or the county superintendent of schools on behalf of the school district, in a newspaper of general circulation in the school district or, if there is no newspaper of general circulation in the school district, in any newspaper of general circulation in the county, at least three days before the availability of the proposed budget for public inspection. (B) The publication of the dates and locations pursuant to subparagraph (A) shall occur no earlier than 45 days before the final date for the hearing as specified in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127, but not less than 10 days before the date set for hearing. The cost of the publication shall be a legal and proper charge against the school district for which the publication is made. (2) A school district may also post the notice described in paragraph (1) on the school district’s internet website. (3) Each county superintendent of schools shall verify that the publishing requirement described in paragraph (1) is met for all school districts in their jurisdiction. (e) (1) The department shall select three school districts that agree to provide information to the department regarding how the school district communicates with the school community within the school district. The department shall select school districts from the northern, southern, and central regions of the state and from urban, rural, and suburban areas, so that the school districts are broadly representative of the geographic diversity of the state. (2) (A) A participating school district shall provide all of the following information to the department: (i) How the school community receives or accesses information from the school district. (ii) The types of information posted on the school district’s internet website. (iii) The effectiveness of information posted on the school district’s internet website for communicating with the school community. (iv) Other methods by which the school district communicates with the school community aside from posting information on the school district’s internet website and the effectiveness of those other methods. (v) Recommendations for how the school district can improve communication with the school community. (vi) Any other information the department requests relating to how the school district communicates with the school community within the school district. (B) A participating school district shall solicit feedback from the larger school community, including, but not limited to, the parents and guardians of pupils enrolled in the school district, for purposes of this subdivision. (3) A participating school district shall provide the information described in paragraph (2) to the department on or before December 31, 2024, on or before December 31, 2025, and on or before December 31, 2026. (f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2023, Ch. 811, Sec. 1. (AB 721) Effective January 1, 2024. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 2 of Stats. 2023, Ch. 811.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 1. Statements [42100 - 42105] SECTION 42103. Source version: id_b457f545-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=1. (a) The governing board of each school district shall hold a public hearing on the proposed budget in a school district facility, or some other place conveniently accessible to the residents of the school district. The public hearing shall be held any day on or before the date specified for this purpose in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127, but not less than three working days following availability of the proposed budget for public inspection. At the hearing, any resident in the school district may appear and object to the proposed budget or any item in the budget. (b) The public hearing required by this section may be concluded on the proposed budget when there are no requests for further hearing on file, and shall be concluded no later than the date specified for this purpose in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127. The budget shall not be finally adopted by the governing board of the school district until after the public hearing has been held. (c) The proposed budget shall show expenditures, cash balances, and all revenues, as required to be tabulated pursuant to Sections 42122 and 42123, and also shall include an estimate of those figures, unaudited, for the preceding fiscal year. In addition, any tax statement submitted by the governing board of the school district pursuant to subdivision (a) of Section 42127, any school district tax requirement computed pursuant to subdivision (b) of Section 42127 for the school year to which the proposed budget is intended to apply, and any recommendations made by the county superintendent of schools pursuant to subdivision (d) of Section 42127 shall be made available by the school district for public inspection in a facility of the school district or in some other place conveniently accessible to residents of the school district. (d) (1) (A) Notification of the dates and location or locations at which the proposed budget may be inspected by the public, and the date, time, and location of the public hearing on the proposed budget, shall be posted prominently on the homepage of the internet website of the school district at least three days before the availability of the proposed budget for public inspection. (B) The posting of the dates and locations pursuant to subparagraph (A) shall occur no earlier than 45 days before the final date for the hearing as specified in subdivision (a) of, or paragraph (3) of subdivision (d) of, Section 42127, but not less than 10 days before the date set for hearing. (2) The notice described in paragraph (1) may also be published by the school district, or the county superintendent of schools on behalf of the school district, in a newspaper of general circulation in the school district or in any newspaper of general circulation in the county. (3) Each county superintendent of schools shall verify that the posting requirement described in paragraph (1) is met for all school districts in their jurisdiction. (e) This section shall become operative on January 1, 2027. (Repealed (in Sec. 1) and added by Stats. 2023, Ch. 811, Sec. 2. (AB 721) Effective January 1, 2024. Operative January 1, 2027, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 1. Statements [42100 - 42105] SECTION 42104. Source version: id_d3df140a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=1. Any violation of this article or a failure to comply with its provisions by the county superintendent of schools or by the governing board of any school district is punishable under Section 1222 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 1. Statements [42100 - 42105] SECTION 42105. Source version: id_d3df140c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=1. The governing board of any school district may print and distribute in pamphlet form an annual financial statement of the receipts and expenditures of the school district, and may include in the pamphlet a general report concerning the conduct and condition of the schools of the district. Similar information of value to the public regarding the school system may be printed and distributed from time to time, or published not oftener than once a year, in a newspaper of general circulation published within the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42122. Source version: id_d3e09ab2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. Effective July 1, 1988, each budget shall show a complete plan and itemized statement of all proposed expenditures of the school district and of all estimated revenues for the ensuing fiscal year, together with a comparison of revenues and expenditures for the existing fiscal year. The budget shall also include the appropriations limit and the total annual appropriations subject to limitation as determined pursuant to Division 9 (commencing with Section 7900) of Title 1 of the Government Code. The county superintendent of schools shall from his or her own records supply to the school district any information that the school district may need to make the comparisons required by this section. (Amended by Stats. 1987, Ch. 1025, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42123. Source version: id_d3e09ab4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. Each budget shall be itemized to set forth the necessary revenues and expenditures in each fund to operate the public schools of the district as authorized by law and on forms prescribed by the Superintendent of Public Instruction. (Amended by Stats. 1986, Ch. 1150, Sec. 11.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42124. Source version: id_d3e09ab6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. The budget may also contain an amount to be known as the general reserve in such sum as the governing board may deem sufficient, for the next succeeding fiscal year, to meet the cash requirements to which the district’s credit may be legally extended for that portion of said next succeeding fiscal year until adequate proceeds of the taxes levied for, or apportionment of state funds made to, the district during such succeeding fiscal year are available to the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42125. Source version: id_d3e09ab8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. The budget may contain amounts to be known as the designated fund balance, which may be designated for any specific purpose as determined by the governing board of the school district, and the unappropriated fund balance. These funds shall be available for appropriation by a majority vote of the members of the governing board, to cover expenditures that have not been provided for or that may have been insufficiently provided for, or for unforeseen requirements as they may arise. (Amended by Stats. 1987, Ch. 917, Sec. 17.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42126. Source version: id_d3e09aba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. Effective July 1, 1988, each budget shall be made on the number of forms and upon the blanks or in the format prescribed by the Superintendent of Public Instruction. It shall be the duty of the Superintendent of Public Instruction to prepare standard forms or a format necessary to show the budgeting items and comparisons required by this article. The required forms or format shall be furnished to the school districts by the county superintendent of schools. (Amended by Stats. 1987, Ch. 917, Sec. 18.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127. Source version: id_53244c2b-c130-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) On or before July 1 of each year, the governing board of each school district shall accomplish the following: (1) Hold a public hearing conducted in accordance with Section 42103 on the budget to be adopted for the subsequent fiscal year. The budget to be adopted shall be prepared in accordance with Section 42126. The agenda for that hearing shall be posted at least 72 hours before the public hearing and shall include the location where the budget will be available for public inspection. (2) (A) Adopt a budget. Not later than five days after that adoption or by July 1, whichever occurs first, the governing board of the school district shall file that budget with the county superintendent of schools. The budget and supporting data shall be maintained and made available for public review. If the governing board of the school district does not want all or a portion of the property tax requirement levied for the purpose of making payments for the interest and redemption charges on indebtedness as described in paragraph (1) or (2) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, the budget shall include a statement of the amount or portion for which a levy shall not be made. For the 2014–15 fiscal year and each fiscal year thereafter, the governing board of the school district shall not adopt a budget before the governing board of the school district adopts a local control and accountability plan, if an existing local control and accountability plan or annual update to a local control and accountability plan is not effective for the budget year. The governing board of a school district shall not adopt a budget that does not include the expenditures necessary to implement the local control and accountability plan or the annual update to a local control and accountability plan that is effective for the budget year. (B) Commencing with budgets adopted for the 2015–16 fiscal year, the governing board of a school district that proposes to adopt a budget that includes a combined assigned and unassigned ending fund balance in excess of the minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128, shall, at the public hearing held pursuant to paragraph (1), provide all of the following for public review and discussion: (i) The minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget. (ii) The combined assigned and unassigned ending fund balances that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget. (iii) A statement of reasons that substantiates the need for an assigned and unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties for each fiscal year that the school district identifies an assigned and unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties, as identified pursuant to clause (ii). (C) The governing board of a school district shall include the information required pursuant to subparagraph (B) in its budgetary submission each time it files an adopted or revised budget with the county superintendent of schools. The information required pursuant to subparagraph (B) shall be maintained and made available for public review. (b) The county superintendent of schools may accept changes in any statement included in the budget, pursuant to subdivision (a), of the amount or portion for which a property tax levy shall not be made. The county superintendent of schools or the county auditor shall compute the actual amounts to be levied on the property tax rolls of the school district for purposes that exceed apportionments to the school district pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. Each school district shall provide all data needed by the county superintendent of schools or the county auditor to compute the amounts. On or before August 15, the county superintendent of schools shall transmit the amounts computed to the county auditor who shall compute the tax rates necessary to produce the amounts. On or before September 1, the county auditor shall submit the rate computed to the board of supervisors for adoption. (c) The county superintendent of schools shall do all of the following: (1) Examine the adopted budget to determine whether it complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets. The county superintendent of schools shall identify, if necessary, technical corrections that are required to be made to bring the budget into compliance with those standards and criteria. (2) Determine whether the adopted budget will allow the school district to meet its financial obligations during the fiscal year and is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments. In addition to the county superintendent of schools’ own analysis of the budget of each school district, the county superintendent of schools shall review and consider studies, reports, evaluations, or audits of the school district that were commissioned by the school district, the county superintendent of schools, the Superintendent, and state control agencies and that contain evidence that the school district is showing fiscal distress under the standards and criteria adopted in Section 33127 or that contain a finding by an external reviewer that the school district is at moderate or high risk of intervention based on the most common indicators of a school district needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. The county superintendent of schools shall either conditionally approve or disapprove a budget that does not provide adequate assurance that the school district will meet its current and future obligations and resolve any problems identified in studies, reports, evaluations, or audits described in this paragraph. (3) Determine whether the adopted budget includes the expenditures necessary to implement the local control and accountability plan or annual update to the local control and accountability plan approved by the county superintendent of schools. (4) Determine whether the adopted budget includes a combined assigned and unassigned ending fund balance that exceeds the minimum recommended reserve for economic uncertainties. If the adopted budget includes a combined assigned and unassigned ending fund balance that exceeds the minimum recommended reserve for economic uncertainties, the county superintendent of schools shall verify that the school district complied with the requirements of subparagraphs (B) and (C) of paragraph (2) of subdivision (a). (d) (1) On or before September 15, the county superintendent of schools shall approve, conditionally approve, or disapprove the adopted budget for each school district. For the 2014–15 fiscal year and each fiscal year thereafter, the county superintendent of schools shall disapprove a budget if the county superintendent of schools determines that the budget does not include the expenditures necessary to implement a local control and accountability plan or an annual update to the local control and accountability plan approved by the county superintendent of schools. If the governing board of a school district does not submit a budget to the county superintendent of schools, the county superintendent of schools shall develop, at school district expense, a budget for that school district by September 15 and transmit that budget to the governing board of the school district. The budget prepared by the county superintendent of schools shall be deemed adopted, unless the county superintendent of schools approves any modifications made by the governing board of the school district. The budget prepared by the county superintendent of schools shall also comply with the requirements of subparagraph (B) of paragraph (2) of subdivision (a). The approved budget shall be used as a guide for the school district’s priorities. The Superintendent shall review and certify the budget approved by the county. If, pursuant to the review conducted pursuant to subdivision (c), the county superintendent of schools determines that the adopted budget for a school district does not satisfy that subdivision, the county superintendent of schools shall conditionally approve or disapprove the budget and, not later than September 15, transmit to the governing board of the school district, in writing, the county superintendent of schools’ recommendations regarding revision of the budget and the reasons for those recommendations, including, but not limited to, the amounts of any budget adjustments needed before the county superintendent of schools can approve that budget. The county superintendent of schools may assign a fiscal adviser to assist the school district to develop a budget in compliance with those revisions. In addition, the county superintendent of schools may appoint a committee to examine and comment on the county superintendent’s review and recommendations, subject to the requirement that the committee report its findings to the county superintendent of schools no later than September 20. (2) Notwithstanding any other provision of this article, for the 2014–15 fiscal year and each fiscal year thereafter, the budget shall not be adopted or approved by the county superintendent of schools before a local control and accountability plan or update to an existing local control and accountability plan for the budget year is approved. (3) If the adopted budget of a school district is conditionally approved or disapproved pursuant to paragraph (1), on or before October 8, the governing board of the school district, in conjunction with the county superintendent of schools, shall review and respond to the recommendations of the county superintendent of schools at a regular meeting of the governing board of the school district. The response shall include any revisions to the adopted budget and other proposed actions to be taken, if any, as a result of those recommendations. (e) On or before October 22, the county superintendent of schools shall provide a list to the Superintendent identifying all school districts for which budgets may be disapproved. (f) (1) The county superintendent of schools shall examine the revised budget as provided in paragraph (3) of subdivision (d) to determine whether it (A) complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets, (B) allows the school district to meet its financial obligations during the fiscal year, (C) satisfies all conditions established by the county superintendent of schools in the case of a conditionally approved budget, (D) is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments, and, not later than November 8, shall approve or disapprove the revised budget, and (E) whether the revised budget complies with the requirements of subparagraph (B) of paragraph (2) of subdivision (a). If the county superintendent of schools disapproves the budget, the county superintendent of schools shall call for the formation of a budget review committee pursuant to Section 42127.1, unless the governing board of the school district and the county superintendent of schools agree to waive the requirement that a budget review committee be formed and the department approves the waiver after determining that a budget review committee is not necessary. Upon the grant of a waiver, the county superintendent of schools immediately has the authority and responsibility provided in Section 42127.3. Upon approving a waiver of the budget review committee, the department shall ensure that a balanced budget is adopted for the school district by December 31. If no budget is adopted by December 31, the Superintendent may adopt a budget for the school district. The Superintendent shall report to the Legislature and the Director of Finance by January 10 if any school district, including a school district that has received a waiver of the budget review committee process, does not have an adopted budget by December 31. This report shall include the reasons why a budget has not been adopted by the deadline, the steps being taken to finalize budget adoption, the date the adopted budget is anticipated, and whether the Superintendent has or will exercise the Superintendent’s authority to adopt a budget for the school district. (2) Notwithstanding any other law, for the 2014–15 fiscal year and each fiscal year thereafter, if the county superintendent of schools disapproves the budget for the sole reason that the county superintendent of schools has not approved a local control and accountability plan or an annual update to the local control and accountability plan filed by the governing board of the school district pursuant to Section 52070, the county superintendent of schools shall not call for the formation of a budget review committee pursuant to Section 42127.1. (g) Not later than November 8, the county superintendent of schools shall submit a report to the Superintendent identifying all school districts for which budgets have been disapproved, and whether a budget review committee will be formed or waived. The report shall include a copy of the written response transmitted to each of those school districts pursuant to paragraph (1) of subdivision (d). (h) Not later than 45 days after the Governor signs the annual Budget Act, the school district shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act. (i) Any school district for which the county board of education serves as the governing board of the school district is not subject to subdivisions (c) to (h), inclusive, but is governed instead by the budget procedures set forth in Section 1622. (Amended by Stats. 2020, Ch. 24, Sec. 24. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.01. Source version: id_9b16de14-e416-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) In a fiscal year immediately after a fiscal year in which the amount of moneys in the Public School System Stabilization Account is equal to or exceeds 3 percent of the combined total of General Fund revenues appropriated for school districts pursuant to subdivision (c) of Section 41202 and allocated local proceeds of taxes pursuant to subdivision (g) of Section 41202 for that fiscal year, a school district budget that is adopted or revised pursuant to Section 42127 shall not contain a combined assigned or unassigned ending general fund balance that is in excess of 10 percent of those funds. (b) A county superintendent of schools may grant a school district under its jurisdiction an exemption from the requirements of subdivision (a) for up to two consecutive fiscal years within a three-year period if the school district provides documentation indicating that extraordinary fiscal circumstances, including, but not limited to, multiyear infrastructure or technology projects, substantiate the need for a combined assigned or unassigned ending general fund balance that is in excess of the amount described in subdivision (a). As a condition of receiving an exemption, a school district shall do all of the following: (1) Provide a statement that substantiates the need for a combined assigned and unassigned ending general fund balance that is in excess of the amount described in subdivision (a). (2) Identify the funding amounts in the budget adopted by the school district that are associated with the extraordinary fiscal circumstances. (3) Provide documentation that no other fiscal resources are available to fund the extraordinary fiscal circumstances. (c) This section shall not apply to a basic aid school district or to a small school district. (d) For purposes of this section, the following definitions shall apply: (1) “Basic aid school district” has the same meaning as in Section 42238.02. (2) “Combined assigned or unassigned ending general fund balance” refers to assigned and unassigned moneys in the general fund accounts of school districts, including assigned and unassigned moneys in the Special Fund for Other Than Capital Outlay. (3) “Small school district” means a school district with fewer than 2,501 units of average daily attendance. (e) The Superintendent shall notify school districts and county offices of education whenever the conditions specified in subdivision (a) are met, and shall notify school districts and county offices of education when those conditions no longer exist. (Amended by Stats. 2017, Ch. 674, Sec. 1. (SB 751) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.1. Source version: id_65d047fe-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) Pursuant to subdivision (f) of Section 42127, upon the disapproval of a school district budget by the county superintendent of schools, the county superintendent of schools shall call for the formation of a budget review committee unless the governing board of the school district and the county superintendent of schools agree to waive the requirement that a budget review committee be formed, and the department approves the waiver after determining that a budget review committee is not necessary. Upon the grant of a waiver, the county superintendent of schools has the authority and responsibility provided to a budget review committee in Section 42127.3. Upon approving a waiver of the budget review committee, the department shall ensure that a balanced budget is adopted for the school district by December 31. (b) The budget review committee shall be composed of three persons selected by the governing board of the school district from a list of candidates provided to the governing board of the school district by the Superintendent. The list of candidates shall be composed of persons who have expertise in the management of a school district or county office of education. Their experience shall include, but not necessarily be limited to, the fiscal and educational aspects of local educational agency management. (c) Notwithstanding subdivision (b) or any other provision of this article, with the approval of the Superintendent and the governing board of the school district, the county superintendent of schools may select and convene a regional review committee, consisting of persons having the expertise described in subdivision (b). The regional review committee shall operate in place of the budget review committee, in accordance with the provisions of this article governing budget review committees. (d) (1) Except as provided in paragraph (2), members of the budget review committee shall be reimbursed by the department for their services and associated expenses while on official business at rates established by the Superintendent, subject to the approval of the executive director of the state board. (2) Notwithstanding paragraph (1), an employee of the County Office Fiscal Crisis and Management Assistance Team who serves as a member of the budget review committee shall not be eligible for reimbursement by the department for their services and associated expenses while on official business. (Amended by Stats. 2025, Ch. 8, Sec. 23. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.2. Source version: id_60edc4cc-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) The governing board of a school district shall, no later than five working days after the receipt of a candidate list from the Superintendent pursuant to Section 42127.1, select a budget review committee, and the Superintendent shall convene the committee no later than five working days following that selection. If the governing board of the school district fails to select a committee within the period of time permitted by this subdivision, the Superintendent instead shall select and convene the budget review committee no later than 10 working days after the district’s receipt of the candidate list. (b) On or before November 30, the budget review committee shall review the proposed budget of the district and the underlying fiscal policies of the school district and transmit to the Superintendent of Public Instruction, the county superintendent of schools, and the governing board of the school district either of the following: (1) The recommendation that the school district budget be approved. (2) A report disapproving the school district budget and setting forth recommendations for revisions to the school district budget that would enable the district to meet its financial obligations both in the current fiscal year and with regard to the district’s multiyear financial commitments. (c) The Superintendent may extend the deadline set forth in subdivision (b) for a period of not more than 15 working days. (d) The Superintendent shall establish criteria and procedures governing the performance by budget review committees of their duties pursuant to this section. (e) Upon request of the county superintendent of schools, the Controller’s office may conduct an audit or review of the fiscal condition of the school district in order to assist a budget review committee or regional review committee for the purposes of this section. (Amended by Stats. 2015, Ch. 19, Sec. 46. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.3. Source version: id_62fd43de-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) If the budget review committee established pursuant to Sections 42127.1 and 42127.2 recommends approval of the school district budget, the county superintendent of schools shall accept the recommendation of the budget review committee and approve the budget. (b) If the budget review committee established pursuant to Sections 42127.1 and 42127.2 disapproves the school district budget, the governing board of the school district, not later than five working days after receipt of the report described in paragraph (2) of subdivision (b) of Section 42127.2, may submit a response to the Superintendent, including any revisions to the adopted final budget and any other proposed actions to be taken as a result of the recommendations of the budget review committee. Based upon the recommendations of the budget review committee and any response to those recommendations provided by the governing board of the school district, the Superintendent shall either approve or disapprove the budget. If the Superintendent disapproves the budget, he or she shall notify the governing board of the school district in writing of the reasons for that disapproval and, until the county superintendent of schools certifies the school district’s first interim report pursuant to Section 42131, the county superintendent of schools shall do the following as necessary: (1) On or before December 31, develop and adopt, in consultation with the Superintendent and the governing board of the school district, a fiscal plan and budget that will govern the district and will allow the district to meet its financial obligations, both in the current fiscal year and with regard to the district’s multiyear financial commitments. The Superintendent may extend the date by which the county superintendent of schools is required to develop and adopt a fiscal plan and budget. The governing board of the school district shall govern the operation of the school district for the current fiscal year in accordance with that adopted budget. (2) Cancel purchase orders, prohibit the issuance of nonsalary warrants, and otherwise stay or rescind any action that is inconsistent with the budget adopted pursuant to paragraph (1). The county superintendent of schools shall inform the governing board of the school district in writing of his or her justification for any exercise of authority under this paragraph. (3) Monitor and review the operation of the school district. (4) Determine the need for additional staff and may employ, subject to approval by the Superintendent, short-term analytical assistance or expertise to validate financial information if the school district staff does not have the expertise or staff. (5) Require the school district to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly or quarterly budget revisions, and to appropriately record all receivables and payables. (6) Determine whether there are any financial problem areas and may employ, subject to approval by the Superintendent, a certified public accounting firm to investigate financial problem areas. (7) Withhold compensation of the members of the governing board of the school district and the superintendent of the school district for failure to provide requested financial information. A forfeiture may be appealed to the Superintendent pursuant to subdivision (b) of Section 42127.6. (c) If, during the selection of the budget review committee or during the committee’s review of the budget, an agreement is reached between the governing board of the school district and the county superintendent of schools, and the school district revises its budget to comply with this agreement, the county superintendent of schools shall approve the school district budget and the budget review committee selection, or its review of the budget, shall be canceled. (d) The school district shall pay 75 percent and the county office of education shall pay 25 percent of the actual administrative expenses incurred pursuant to subdivision (b), or costs associated with improving the district’s financial management practices. The Superintendent shall develop, and distribute to affected school districts and county offices of education, advisory guidelines regarding the appropriate amount of any fees charged pursuant to this subdivision. (e) This section shall not be construed to authorize the county superintendent of schools to abrogate any provision of a collective bargaining agreement that was entered into by a school district prior to the date upon which the county superintendent of schools disapproved the budget of the school district pursuant to subdivision (b). (Amended by Stats. 2015, Ch. 19, Sec. 47. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.4. Source version: id_d3e3a804-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. Until a school district receives approval of its budget under this article, the school district shall continue to operate on the basis of whichever of the following budgets contains a lower total spending authority: (a) The last budget adopted or revised by the governing board of the school district for the prior fiscal year. (b) The unapproved budget for the current fiscal year, as adopted and revised by the governing board of the school district. (Amended by Stats. 1991, Ch. 1213, Sec. 19.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.5. Source version: id_d3e52ea6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. The governing board of any school district that reported a negative unrestricted fund balance or a negative cash balance in the annual report required by Section 42127 or in the audited annual financial statements required by Section 41020 shall include with the budget submitted in accordance with Section 42127 and the certifications required by Section 35015 a statement that identifies the reasons for the negative unrestricted fund balance or negative cash balance and the steps that have been taken to ensure that the negative balance will not occur at the end of the current fiscal year. (Added by Stats. 1986, Ch. 1150, Sec. 13.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.6. Source version: id_6aec91e0-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) (1) A school district shall provide the county superintendent of schools with a copy of a study, report, evaluation, or audit that was commissioned by the school district, the county superintendent, the Superintendent, and state control agencies and that contains evidence that the school district is showing fiscal distress under the standards and criteria adopted by the state board pursuant to Section 33127, or a report on the school district by the County Office Fiscal Crisis and Management Assistance Team. The county superintendent shall review and consider studies, reports, evaluations, or audits of the school district that contain evidence that the school district is demonstrating fiscal distress under the standards and criteria adopted by the state board pursuant to Section 33127 or that contain a finding by an external reviewer that the school district is at moderate or high risk of intervention based on the most common indicators of a school district needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. If these findings are made, the county superintendent of schools shall investigate the financial condition of the school district and determine if the school district may be unable to meet its financial obligations for the current or two subsequent fiscal years, or should receive a qualified or negative interim financial certification pursuant to Section 42131. If at any time during the fiscal year the county superintendent of schools determines that a school district may be unable to meet its financial obligations for the current or two subsequent fiscal years or if a school district has a qualified or negative certification pursuant to Section 42131, the county superintendent of schools shall provide a written notice of going concern determination to the governing board of the school district and the Superintendent and the basis for the determination. The notification shall include the assumptions used in making the determination and shall be available to the public. The county superintendent of schools shall report to the Superintendent on the financial condition of the school district and the county superintendent’s proposed remedial actions and shall do at least one of the following and all actions that are necessary to ensure that the school district meets its financial obligations: (A) Assign a fiscal expert, paid for by the county superintendent of schools, to advise the school district on its financial problems. (B) Conduct a study of the financial and budgetary conditions of the school district that includes, but is not limited to, a review of internal controls. If, in the course of this review, the county superintendent of schools determines that the county superintendent’s office requires analytical assistance or expertise that is not available through the school district, the county superintendent of schools may employ, on a short-term basis, with the approval of the Superintendent, staff, including certified public accountants, to provide the assistance and expertise. The school district shall pay 75 percent and the county office of education shall pay 25 percent of these staff costs. (C) Direct the school district to submit a financial projection of all fund and cash balances of the district as of June 30 of the current year and subsequent fiscal years as the county superintendent of schools requires. (D) Require the district to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly or quarterly budget revisions, and to appropriately record all receivables and payables. (E) Direct the school district to submit a proposal for addressing the fiscal conditions that resulted in the determination that the school district may not be able to meet its financial obligations. (F) Withhold compensation of the members of the governing board of the school district and the school district superintendent for failure to provide requested financial information. This action may be appealed to the Superintendent pursuant to subdivision (b). (G) Assign the County Office Fiscal Crisis and Management Assistance Team to review teacher hiring practices, teacher retention rate, percentage of provision of highly qualified teachers, and the extent of teacher misassignment in the school district, to provide the school district with recommendations to streamline and improve the teacher hiring process, teacher retention rate, extent of teacher misassignment, and provision of highly qualified teachers, and to perform any or all of the duties prescribed in subparagraphs (A) to (C), inclusive, or to further review the causes that led to a finding of moderate or high risk of intervention pursuant to subdivision (a) and recommend corrective action. If a review team is assigned to a school district, the school district shall follow the recommendations of the team, unless the school district shows good cause for failure to do so. The County Office Fiscal Crisis and Management Assistance Team may not recommend an action that would abrogate a contract that governs employment. (2) Any contract entered into by a county superintendent of schools for the purposes of this subdivision is subject to the approval of the Superintendent. (3) An employee of a school district who provides information regarding improper governmental activity, as defined in Section 44112, is entitled to the protection provided pursuant to Article 5 (commencing with Section 44110) of Chapter 1 of Part 25. (b) Within five days of the county superintendent of schools making the determination specified in subdivision (a), a school district may appeal the basis of the determination and any of the proposed actions that the county superintendent of schools has indicated that the county superintendent of schools will take to further examine the financial condition of the school district. The Superintendent shall sustain or deny any or all parts of the appeal within 10 days. (c) If after taking the actions identified in subdivision (a), the county superintendent of schools determines that a school district will be unable to meet its financial obligations for the current or subsequent fiscal year or if a school district experiences a significant fiscal event that is determined by the county superintendent of schools to have an immediate severe fiscal impact that will cause a school district to be unable to meet its financial obligations for the current or subsequent fiscal year, the county superintendent of schools shall notify the governing board of the school district, the superintendent of the school district, each recognized employee organization of the school district, each recognized parent organization of the school district, the Superintendent, and the president of the state board or the president’s designee in writing of that determination and the basis for that determination. The notification shall include the assumptions used in making the determination. (d) Within five days of the county superintendent of schools making the determination specified in subdivision (c), a school district may appeal that determination to the Superintendent. The Superintendent shall sustain or deny the appeal within 10 days. If the governing board of the school district appeals the determination, the county superintendent of schools may stay any action of the governing board of the school district that the county superintendent of schools determines is inconsistent with the ability of the school district to meet its financial obligations for the current or subsequent fiscal year until resolution of the appeal by the Superintendent. (e) If the appeal described in subdivision (d) is denied or not filed, or if the school district has a negative certification pursuant to Section 42131, the county superintendent of schools shall take all actions that are necessary to ensure that the school district meets its financial obligations, make a report to the Superintendent and the president of the state board, or the president’s designee, about the financial condition of the school district and remedial actions proposed by the county superintendent of schools, and shall, in consultation with the Superintendent, take at least one of the following actions: (1) Develop and impose, in consultation with the Superintendent and the governing board of the school district, a budget revision that will enable the school district to meet its financial obligations in the current fiscal year. (2) Stay or rescind any action that is determined to be inconsistent with the ability of the school district to meet its obligations for the current or subsequent fiscal year. This includes any actions up to the point that the subsequent year’s budget is approved by the county superintendent of schools. The county superintendent of schools shall inform the governing board of the school district in writing of the county superintendent’s justification for any exercise of authority under this paragraph. (3) Assist in developing, in consultation with the governing board of the school district, a multiyear financial recovery plan that will enable the school district to meet its future obligations. (4) Assist in developing, in consultation with the governing board of the school district, a budget for the subsequent fiscal year. If necessary, the county superintendent of schools shall continue to work with the governing board of the school district until the budget for the subsequent year is adopted by the governing board of the school district and approved by the county superintendent of schools. (5) As necessary, appoint a fiscal adviser to perform any or all of the duties prescribed by this section on behalf of the county superintendent of schools. (f) Any action taken by the county superintendent of schools pursuant to paragraph (1) or (2) of subdivision (e) shall be accompanied by a notification that shall include the actions to be taken, the reasons for the actions, and the assumptions used to support the necessity for these actions and shall be made available to the public. (g) This section does not authorize the county superintendent of schools to abrogate any provision of a collective bargaining agreement that was entered into by a school district before the date that the county superintendent of schools assumed authority pursuant to subdivision (e). (h) The school district shall pay 75 percent and the county office of education shall pay 25 percent of the administrative expenses incurred pursuant to subdivision (e) or costs associated with improving the school district’s financial management practices. The Superintendent shall develop and distribute to affected school districts and county offices of education advisory guidelines regarding the appropriate amount of administrative expenses charged pursuant to this subdivision. (i) Notwithstanding Section 42647 or 42650 or any other law, a county treasurer shall not honor any warrant if, pursuant to Sections 42127 to 42127.5, inclusive, or pursuant to this section, the county superintendent of schools or the Superintendent, as appropriate, has disapproved that warrant or the order on school district funds for which a warrant was prepared. (j) Effective upon the certification of the election results for a newly organized school district pursuant to Section 35763, the county superintendent of schools may exercise any of the powers and duties of this section regarding the reorganized school district and the other affected school districts until the reorganized school district becomes effective for all purposes in accordance with Article 4 (commencing with Section 35530) of Chapter 3 of Part 21. (k) The Superintendent shall monitor the efforts of a county office of education in exercising its authority under this section and may exercise any of that authority if the Superintendent finds that the actions of the county superintendent of schools are not effective in resolving the financial problems of the school district. Upon a decision to exercise the powers of the county superintendent of schools, the county superintendent of schools is relieved of those powers assumed by the Superintendent, and shall provide support and assistance to the Superintendent in the exercise of those powers. The Superintendent shall also request that the County Office Fiscal Crisis and Management Assistance Team identify the circumstances that led to the ineffectiveness of the county superintendent of schools in resolving the financial problems of the school district, and shall require the county office of education to demonstrate, in a manner determined by the Superintendent, remediation of those deficiencies. In addition to the actions taken by the county superintendent of schools, the Superintendent shall take further actions to ensure the long-term fiscal stability of the school district. The county office of education shall reimburse the Superintendent for all of the Superintendent’s costs in exercising the Superintendent’s authority under this subdivision. The Superintendent shall promptly notify the county superintendent of schools, the county board of education, the superintendent of the school district, the governing board of the school district, the appropriate policy and fiscal committees of each house of the Legislature, and the Department of Finance of the Superintendent’s decision to exercise the authority of the county superintendent of schools. (Amended by Stats. 2025, Ch. 8, Sec. 24. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.8. Source version: id_8bf1f8c5-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) The governing board provided for in subdivision (b) shall establish a unit to be known as the County Office Fiscal Crisis and Management Assistance Team. The team shall consist of persons having extensive experience in school district budgeting, accounting, data processing, telecommunications, risk management, food services, pupil transportation, purchasing and warehousing, facilities maintenance and operation, and personnel administration, organization, and staffing. The Superintendent may appoint one employee of the department to serve on the unit. The unit shall be operated under the immediate direction of an appropriate county office of education selected jointly, in response to an application process, by the Superintendent and the president of the state board or the president of the state board’s designee. (b) The unit established under subdivision (a) shall be selected and governed by a 25-member governing board consisting of one representative chosen by the California County Superintendents Educational Services Association from each of the 11 county service regions designated by the association, 11 superintendents of school districts chosen by the Association of California School Administrators from each of the 11 county service regions, one representative from the department chosen by the Superintendent, the Chancellor of the California Community Colleges or the chancellor’s designee, and one member of a community college district governing board chosen by the chancellor. The governing board of the County Office Fiscal Crisis and Management Assistance Team shall select a county superintendent of schools to chair the unit. (c) (1) The Superintendent may request the unit to provide the assistance described in subdivision (b) of Section 1624, Section 1630, subdivision (b) of Section 42127.3, subdivision (e) of Section 42127.6, and Section 42127.9, and with the computation described in subdivision (a) of Section 42238.2, and to review the fiscal and administrative condition of any county office of education, school district, or charter school. (2) A county superintendent of schools may request the unit to review the fiscal or administrative condition of a school district or charter school under the county superintendent of schools’ jurisdiction. (3) The Board of Governors of the California Community Colleges may request the unit to provide the assistance described in Section 84041. (d) In addition to the functions described in subdivision (c), the unit shall do all of the following: (1) Provide fiscal management assistance, at the request of any school district, charter school, or county office of education, or, pursuant to subdivision (g) of Section 84041, at the request of any community college district. Each school district, charter school, or county office of education receiving that assistance shall be required to pay the personnel costs and travel costs incurred by the unit for that purpose, pursuant to rates determined by the governing board established under subdivision (b). The governing board annually shall ensure rate information is posted on the unit’s internet website. (2) Facilitate training for members of the governing board of the school district, district and county superintendents, chief financial officers within the district, and schoolsite personnel whose primary responsibility is to address fiscal issues. Training services shall emphasize efforts to improve fiscal accountability and expand the fiscal competency of local agencies. The unit shall use state professional associations, private organizations, and public agencies to provide guidance, support, and the delivery of any training services. (3) Facilitate fiscal management training through the 11 county service regions to county office of education staff to ensure that they develop the technical skills necessary to perform their fiduciary duties. The governing board established pursuant to subdivision (b) shall determine the extent of the training that is necessary to comply with this paragraph. (4) Produce a training calendar that publicizes all of the fiscal training services that are being offered at the local, regional, and state levels, and post that training calendar on the unit’s internet website. (e) The governing board shall reserve not less than 25 percent, nor more than 50 percent, of its revenues each year for expenditure for the costs of contracts and professional services as management assistance to school districts or county superintendents of schools in which the board determines that a fiscal emergency exists. (f) The governing board established under subdivision (b) may levy an annual assessment against each county office of education that elects to participate under this section in an amount not to exceed twenty cents ($0.20) per unit of total average daily attendance for all school districts within the county. The revenues collected pursuant to that assessment shall be applied to the expenses of the unit. (g) The governing board established under subdivision (b) may pay to the department, from any available funds, a reasonable amount to reimburse the department for actual administrative expenses incurred in the review of the budgets and fiscal conditions of school districts, charter schools, and county superintendents of schools. (h) When employed as a fiscal adviser by the department pursuant to Section 1630, employees of the unit established pursuant to subdivision (a) shall be considered employees of the department for purposes of errors and omissions liability insurance. (Amended by Stats. 2024, Ch. 38, Sec. 19. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42127.9. Source version: id_e153749b-0c93-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) No later than five days after a school district receives notice of any change or changes adopted by the county superintendent of schools in the school district’s budget pursuant to subdivision (b) of Section 42127.3, subdivision (e) of Section 42127.6, or subdivision (b) of Section 42131, the governing board of the school district may submit an appeal to the Superintendent, based upon the contention that the change or changes would do one or more of the following: (1) Exceed the financial or program changes necessary to allow the school district to meet its financial obligations in the current fiscal year and with regard to its multiyear financial commitments. It is the intent of the Legislature that any change or changes adopted by the county superintendent of schools in a school district’s budget minimize, to the extent possible, any impact upon the educational program of the school district. (2) Require reductions that are unnecessary in view of other reductions that are proposed by the governing board of the school district and that reasonably can be expected to be realized. (3) Make one or more changes in the school district’s operations that are inconsistent with any provision of state or federal law. (b) No later than five days after receiving that appeal, the Superintendent, with the concurrence of the president of the state board or the president’s designee, shall deny or uphold the appeal. If the appeal is denied, the school district shall implement the change or changes adopted by the county superintendent of schools. If the appeal is upheld, the Superintendent may revise the change or changes adopted by the county superintendent of schools or issue guidelines governing the manner in which the governing board of the school district or the county superintendent of schools shall be required to change the school district budget. (Amended by Stats. 2019, Ch. 497, Sec. 51. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42128. Source version: id_70192f72-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) Except as provided in subdivision (c), a county superintendent of schools shall not make an apportionment of state, local, or county school moneys for the current fiscal year for a school district or charter school if the governing board of the school district or the school district or the governing body of the charter school or the charter school neglects or refuses to do any of the following: (1) Adopt a local control and accountability plan pursuant to Section 52060 or 47606.5. (2) Adopt an annual update to a local control and accountability plan pursuant to Section 52061 or 47606.5. (3) Adopt or submit a school district or charter school budget pursuant to this article or Section 47604.33. (4) Submit reports pursuant to Section 42130 or 47604.33. (b) A county superintendent of schools shall withhold apportionments pursuant to subdivision (a), including previously withheld apportionments for the current fiscal year, until the requirements listed in paragraphs (1) to (4), inclusive, of subdivision (a) are met and shall notify the appropriate county official that the county superintendent of schools shall not approve any warrants issued by the school district or charter school. (c) If the governing board of a school district or a school district or a governing body of a charter school or a charter school is unable to fulfill one or more requirements described in subdivision (a) due to any of the events described in subdivision (a) of Section 46392, the governing board of the school district or the governing body of the charter school shall, at the earliest opportunity after the event no longer exists, fulfill those requirements and shall submit to the county superintendent of schools and the Superintendent the following information: (1) A description of the emergency event. (2) The date that the requirements described in subdivision (a) were met. (Amended by Stats. 2025, Ch. 8, Sec. 25. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 2. Budget Requirements [42122 - 42129] SECTION 42129. Source version: id_753440d4-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=2. (a) School districts, county offices of education, and charter schools shall transmit to the Superintendent, on a timely basis, local control and accountability plans, annual updates to local control and accountability plans, all budget reports, prior year expenditure reports, qualified and negative financial status reports, program cost accounting reports, certifications, and audit reports as required by subdivision (l) of Section 1240, Sections 1621, 1623, 1628, 41020, 42100, 42127, 42131, 47604.33, 47606.5, 52060, 52061, 52066, and 52067, Chapter 7.2 (commencing with Section 56836) of Part 30 of Division 4, and Sections 7906 and 7907 of the Government Code, and reports used to calculate the first, second, and annual principal apportionments, as applicable. If a plan, update, or report is not submitted to the Superintendent within 14 days after the submission date prescribed in the statute or specified by the Superintendent, the Superintendent may direct the county auditor or charter school to withhold payment of any stipend, expenses, benefits, or salaries and wages of the district superintendent, county superintendent of schools, charter school administrator, or members of the governing board, as appropriate. The payments shall be withheld until the delinquent reports have been submitted to the Superintendent. If a county superintendent of schools performs the functions of the county auditor, the Superintendent may direct the county superintendent of schools to withhold the payments specified in this subdivision. (b) (1) Except as provided in paragraph (2), school districts and charter schools shall transmit to the county superintendent of schools, on a timely basis, local control and accountability plans, annual updates to local control and accountability plans, all budget reports, prior year expenditure reports, qualified and negative financial status reports, program cost accounting reports, certifications, and audit reports as required by Sections 41020, 42100, 42127, 42131, 47604.33, 47606.5, 52060, and 52061, Chapter 7.2 (commencing with Section 56836) of Part 30 of Division 4, and Section 7906 of the Government Code, and reports used to calculate the first, second, and annual principal apportionments, as applicable. If a plan, update, or report is not submitted to the county superintendent of schools within 14 days after the submission date prescribed in the statute or specified by the Superintendent, the county superintendent of schools shall direct the county auditor or charter school to withhold payment of any stipend, expenses, benefits, or salaries and wages of the district superintendent, charter school administrator, or members of the governing board, as appropriate. The payments shall be withheld until the delinquent reports have been submitted to the county superintendent of schools. If a county superintendent of schools performs the functions of the county auditor, the county superintendent of schools shall withhold the payments specified in this subdivision. (2) If a school district or charter school is unable to fulfill one or more requirements described in paragraph (1) due to any of the events described in subdivision (a) of Section 46392, the school district or charter school shall, at the earliest opportunity after the event no longer exists, fulfill those requirements and shall submit to the county superintendent of schools and the Superintendent the following information: (A) A description of the emergency event. (B) The date that the requirements described in paragraph (1) were met. (Amended by Stats. 2025, Ch. 8, Sec. 26. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 3. Financial Reports and Certifications [42130 - 42134] SECTION 42130. Source version: id_d3e83bf6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=3. The superintendent of each school district shall, in addition to any other powers and duties granted to or imposed upon him or her, submit two reports to the governing board of the district during each fiscal year. The first report shall cover the financial and budgetary status of the district for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be approved by the district governing board no later than 45 days after the close of the period being reported. All reports required by this subdivision shall be in a format or on forms prescribed by the Superintendent of Public Instruction, and shall be based on standards and criteria for fiscal stability adopted by the State Board of Education pursuant to Section 33127. The reports, and supporting data, shall be maintained and made available by the school district for public review. (Added by Stats. 1991, Ch. 1213, Sec. 23.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 3. Financial Reports and Certifications [42130 - 42134] SECTION 42131. Source version: id_83376d31-c130-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=3. (a) (1) Pursuant to the reports required by Section 42130, the governing board of each school district shall certify, in writing, within 45 days after the close of the period being reported, whether the school district is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for the subsequent two fiscal years. These certifications shall be based upon the governing board of the school district’s assessment, on the basis of standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127, of the school district budget, as revised to reflect current information regarding the adopted State Budget, school district property tax revenues pursuant to Sections 95 to 100, inclusive, of the Revenue and Taxation Code, and ending balances for the preceding fiscal year as reported pursuant to Section 42100. The certifications shall be classified as positive, qualified, or negative, as prescribed by the Superintendent for purposes of determining subsequent actions by the Superintendent, the Controller, or the county superintendent of schools, pursuant to subdivisions (b) and (c). These certifications shall be based upon the financial and budgetary reports required by Section 42130 but may include additional financial information known by the governing board of the school district to exist at the time of each certification. For purposes of this subdivision, a negative certification shall be assigned to any school district that, based upon current projections, will be unable to meet its financial obligations for the remainder of the fiscal year or the subsequent fiscal year. A qualified certification shall be assigned to any school district that, based upon current projections, may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to any school district that, based upon current projections, will meet its financial obligations for the current fiscal year and subsequent two fiscal years. (2) (A) A copy of each certification and a copy of the report submitted to the governing board of the school district pursuant to Section 42130 shall be filed with the county superintendent of schools. If a county office of education receives a positive certification when it determines a negative or qualified certification should have been filed, or receives a qualified certification when it determines a negative certification should have been filed, the county superintendent of schools shall change the certification to negative or qualified, as appropriate, and, no later than 75 days after the close of the period being reported, shall provide notice of that action to the governing board of the school district and to the Superintendent. No later than five days after a school district receives notice from the county superintendent of schools of a change in the school district’s certification to negative or qualified, the governing board of the school district may submit an appeal to the Superintendent regarding the validity of that change, in accordance with the criteria applied to those designations pursuant to this subdivision. No later than 10 days after receiving that appeal, the Superintendent shall determine the certification to be assigned to the school district and shall notify the governing board of the school district and the county superintendent of schools of that determination. (B) Copies of any certification in which the governing board of the school district is unable to certify unqualifiedly that these financial obligations will be met and a copy of the report submitted to the governing board of the school district pursuant to Section 42130 shall be sent by the county office of education to the Controller and the Superintendent at the time of the certification, together with a completed transmittal form provided by the Superintendent. Within 75 days after the close of the reporting period on all school district certifications that are classified as qualified or negative pursuant to this section, the appropriate county superintendent of schools shall submit to the Superintendent and the Controller the county superintendent of schools’ comments on those certifications and report any action proposed or taken pursuant to subdivision (b). (3) All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. (4) This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent of schools to the governing board of the school district, or to the Superintendent. (b) As to any school district having a negative or qualified certification, the county superintendent of schools shall exercise the county superintendent of schools’ authority, as necessary, pursuant to Section 42127.6. (c) Within 75 days after the close of each reporting period, each county superintendent of schools shall report to the Controller and the Superintendent as to whether the governing board of each of the school districts under the county superintendent of schools’ jurisdiction has submitted the certification required by subdivision (a). That report shall account for all school districts under the jurisdiction of the county office of education and indicate the type of certification filed by each school district. (d) The Controller’s office may conduct an audit or review of the fiscal condition of any school district having a negative or qualified certification. (e) Any school district having a negative or qualified certification, or classified as qualified or negative by the county superintendent of schools, shall continue to be classified as qualified or negative until the next report required under Section 42130 is filed. (f) The governing board of each school district filing a qualified or negative certification for the second report required under Section 42130, or classified as qualified or negative by the county superintendent of schools, shall provide to the county superintendent of schools, the Controller, and the Superintendent no later than June 1, financial statement projections of the school district’s fund and cash balances through June 30 for the period ending April 30. The governing boards of all other school districts are encouraged to develop a similar financial statement for use in developing the beginning fund balances of the school district for the ensuing fiscal year. (g) A school district for which the county board of education serves as the governing board of the school district is not subject to subdivisions (a) to (f), inclusive, but is governed instead by the interim report, monitoring, and review procedures set forth in subdivision (l) of Section 1240 and in Article 2 (commencing with Section 1620) of Chapter 5 of Part 2. (Amended by Stats. 2020, Ch. 24, Sec. 27. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 3. Financial Reports and Certifications [42130 - 42134] SECTION 42132. Source version: id_0baba8a0-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=3. On or before September 15 of each year, the governing board of each school district shall adopt a resolution to identify, pursuant to Division 9 (commencing with Section 7900) of Title 1 of the Government Code, the estimated appropriations limit for the district for the current fiscal year and the actual appropriations limit for the district for the preceding fiscal year. That resolution shall be adopted at a regular or special meeting of the governing board. Notwithstanding Section 7910 of the Government Code, documentation used in the identification of the appropriations limits shall be made available to the public on the date of the meeting. (Amended by Stats. 2005, Ch. 677, Sec. 20. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 3. Financial Reports and Certifications [42130 - 42134] SECTION 42133. Source version: id_d3e9c19c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=3. (a) A school district that has a qualified or negative certification in any fiscal year may not issue, in that fiscal year or in the next succeeding fiscal year, certificates of participation, tax anticipation notes, revenue bonds, or any other debt instruments that do not require the approval of the voters of the district, nor may the district cause an information report regarding the debt instrument to be submitted pursuant to subdivision (e) of Section 149 of Title 26 of the United States Code, unless the county superintendent of schools determines, pursuant to criteria established by the Superintendent of Public Instruction, that the district’s repayment of that indebtedness is probable. A school district is deemed to have a qualified or negative certification for purposes of this subdivision if, pursuant to this article, it files that certification or the county superintendent of schools classifies the certification for that fiscal year to be qualified or negative. (b) A county office of education that has a qualified or negative certification in any fiscal year may not issue, in that fiscal year or in the next succeeding fiscal year, certificates of participation, tax anticipation notes, revenue bonds, or any other debt instruments not requiring the approval of the voters of the district, nor may the county office of education cause an information report regarding the debt instrument to be submitted pursuant to subdivision (e) of Section 149 of Title 26 of the United States Code, unless the Superintendent of Public Instruction determines that the repayment of that indebtedness by the county office of education is probable. A county office of education is deemed to have a qualified or negative certification for purposes of this subdivision if, pursuant to this article, it files that certification or the Superintendent of Public Instruction classifies the certification for that fiscal year to be qualified or negative. For purposes of this subdivision, “county office of education” includes a school district that is governed by a county board of education. (c) No later than March 31, 1992, the Superintendent of Public Instruction shall develop and adopt criteria and standards to govern the determination to be made under subdivisions (a) and (b). (Added by Stats. 1991, Ch. 1213, Sec. 25.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 3. Financial Reports and Certifications [42130 - 42134] SECTION 42133.5. Source version: id_8dab2ed1-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=3. Regardless of the certification of the budgetary status of a school district or county office of education under subdivision (l) of Section 1240 or Section 42131, the proceeds obtained by a school district from the sources listed in subdivisions (a) to (d), inclusive, shall not be used for general operating purposes of the school district. (a) The sale of a saleback or leaseback agreement, or interests in the agreement. (b) A debt instrument payable from payments under a saleback or leaseback agreement. (c) Certificates of participation. (d) Other debt instruments that meet both of the following criteria: (A) They are secured by real property. (B) They do not require the approval of the voters of the school district. (Amended by Stats. 2009, Ch. 140, Sec. 52. (AB 1164) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 3. Financial Reports and Certifications [42130 - 42134] SECTION 42134. Source version: id_d3eb4840-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=3. The Superintendent of Public Instruction shall publish annually a multiyear projection of the revenues that will be available to school districts and county offices of education from state and local sources, for use by school districts and county offices of education in determining the multiyear financial condition of those entities for the purposes of this article and Article 2. That projection shall be based on revenue forecasts issued by the Department of Finance, the Legislative Analyst, or the Commission on State Finance, shall be published in a form that may easily be used by school districts and county offices of education, and shall be made available to those entities. (Added by Stats. 1991, Ch. 1213, Sec. 26.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] SECTION 42140. Source version: id_07015dec-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=4. (a) If a school district or county office of education, either individually or as a member of a joint powers agency, provides health and welfare benefits for employees upon their retirement, and those benefits will continue after the employees reach 65 years of age, the superintendent of the school district or county superintendent of schools, as appropriate, annually shall provide information to the governing board of the school district or the county board of education, as appropriate, regarding the estimated accrued but unfunded cost of those benefits. The estimate of cost shall be based upon an actuarial report that incorporates annual fiscal information and is obtained by the superintendent at least every three years. The actuarial report shall be performed by an actuary who is a member of the American Academy of Actuaries. If the school district or county office of education regularly contracts for an actuarial report for other fiscal matters, a separate actuarial report is not required, if the estimate of costs required by this subdivision is separately and clearly set forth in that report. (b) The cost information required by subdivision (a) and a copy of the actuarial report on which the estimated costs are based shall be presented by the superintendent at a public meeting of the governing board. At that meeting, the governing board shall disclose, as a separate agenda item, whether or not it will reserve a sufficient amount of money in its budget to fund the present value of the health and welfare benefits of existing retirees or the future cost of employees who are eligible for benefits in the current fiscal year, or both. (c) The governing board annually shall certify to the county superintendent of schools the amount of money, if any, that it has decided to reserve in its budget for the cost of those benefits, and shall submit to the county superintendent of schools any budget revisions that may be necessary to account for that budget reserve. (d) The county board of education annually shall certify to the Superintendent of Public Instruction the amount of money, if any, that has been reserved in the budget of the county office of education for the cost of those benefits. (e) This section is inoperative on January 1, 2005. (Amended by Stats. 2004, Ch. 895, Sec. 6. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] SECTION 42141. Source version: id_d3eb4846-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=4. (a) If a school district or county office of education, either individually or as a member of a joint powers agency, is self-insured for workers’ compensation claims, the superintendent of the school district or county superintendent of schools, as appropriate, annually shall provide information to the governing board of the school district or the county board of education, as appropriate, regarding the estimated accrued but unfunded cost of those claims. The estimate of costs shall be based on an actuarial report that incorporates annual fiscal information and is obtained by the superintendent at least every three years. The actuarial report shall be performed by an actuary who is a member of the American Academy of Actuaries. If the school district or county office of education regularly contracts for an actuarial report for other fiscal matters, a separate actuarial report is not required, if the estimate of costs required by this subdivision is separately and clearly set forth in that report. (b) The cost information required by subdivision (a) and a copy of the actuarial report on which the estimated costs are based shall be presented by the superintendent at a public meeting of the governing board. At that meeting, the governing board shall disclose, as a separate agenda item, whether or not it will reserve a sufficient amount of money in its budget to fund the present value of the accrued but unpaid workers’ compensation claims or if it is otherwise decreasing the amount in its workers’ compensation reserve fund. (c) The governing board annually shall certify to the county superintendent of schools the amount of money, if any, that it has decided to reserve in its budget for the cost of those claims, and shall submit to the county superintendent of schools any budget revisions that may be necessary to account for that budget reserve. (d) The county board of education annually shall certify to the Superintendent of Public Instruction the amount of money, if any, that has been reserved in the budget of the county office of education for the cost of those claims. (Amended by Stats. 1996, Ch. 1158, Sec. 10. Effective September 30, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] SECTION 42142. Source version: id_d3eccee8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.&article=4. Within 45 days of adopting a collective bargaining agreement, the superintendent of the school district shall forward to the county superintendent of schools any revisions to the school district’s current year budget that are necessary to fulfill the terms of that agreement. Any additional costs to the school district that may result from the terms of the collective bargaining agreement also shall be reflected in any interim fiscal reports or multiyear fiscal projections. (Added by Stats. 1994, Ch. 650, Sec. 7. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6.5. School Districts in Financial Distress [42160 - 42163] SECTION 42160. Source version: id_a8f91720-bd06-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.5.&article= (a) For the 2018–19 fiscal year, by March 1, 2019, the Oakland Unified School District, in collaboration with and with the concurrence of the Alameda County Superintendent of Schools and the County Office Fiscal Crisis and Management Assistance Team, shall do both of the following: (1) Update or develop short- and long-term financial plans based on reasonable and accurate assumptions and current and past year expenditure data. (2) Review and update school district facilities construction plans to ensure that costs are reasonable, accurate, and align with long-term financial plans for fiscal solvency. (b) Beginning with the 2019–20 fiscal year, the Budget Act shall include an appropriation for the Oakland Unified School District, if the school district complies with the terms specified in subdivisions (a) and (c), in the following amounts: (1) For the 2019–20 fiscal year, up to 75 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (2) For the 2020–21 fiscal year, up to 50 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (3) For the 2021–22 fiscal year, up to 25 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (c) Disbursement of funds specified in subdivision (b) shall be contingent on the Oakland Unified School District’s completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. These activities may include, but are not limited to, all of the following: (1) Completion of comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability. (2) Adoption and implementation of necessary budgetary solutions, including the consolidation of school sites. (3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans. (4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (5) Sale or lease of surplus property. (6) Growth and maintenance of budgetary reserves. (7) Approval of school district budgets by the Alameda County Superintendent of Schools. (d) Funds described in subdivision (b) shall be allocated to Oakland Unified School District upon the certification of the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Alameda County Superintendent of Schools, to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance that the activities described in subdivision (c), as specified in the prior year Budget Act, have been completed. Additionally, by March 1 of each year, through March 1, 2021, the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Alameda County Superintendent of Schools, shall report to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance the progress that Oakland Unified School District has made to complete the activities described in subdivision (c), as specified in the prior year Budget Act. (e) The activities described in subdivision (c) shall be determined in the annual Budget Act based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Alameda County Superintendent of Schools. These recommendations shall be submitted to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance by March 1 of each fiscal year, through March 1, 2021, in conjunction with the certification described in subdivision (d). (Added by Stats. 2018, Ch. 426, Sec. 16. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6.5. School Districts in Financial Distress [42160 - 42163] SECTION 42161. Source version: id_a8f93e32-bd06-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.5.&article= (a) For the 2018–19 fiscal year, the Inglewood Unified School District shall do both of the following: (1) Meet the requirements for qualified or positive certification for the school district’s second interim report pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (2) Complete comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability. (b) Beginning with the 2019–20 fiscal year, the Budget Act shall include an appropriation for the Inglewood Unified School District, if the school district complies with the terms specified in subdivisions (a) and (c), in the following amounts: (1) For the 2019–20 fiscal year, up to 75 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (2) For the 2020–21 fiscal year, up to 50 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (3) For the 2021–22 fiscal year, up to 25 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (c) Disbursement of funds specified in subdivision (b) shall be contingent on the Inglewood Unified School District’s completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. These activities may include, but are not limited to, all of the following: (1) Completion of comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability. (2) Adoption and implementation of necessary budgetary solutions, including the consolidation of school sites. (3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans. (4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (5) Sale or lease of surplus property. (6) Growth and maintenance of budgetary reserves. (7) Approval of school district budgets by the Los Angeles County Superintendent of Schools. (d) Funds described in subdivision (b) shall be allocated to Inglewood Unified School District upon the certification of the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Los Angeles County Superintendent of Schools, to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance that the activities described in subdivision (c), as specified in the prior year Budget Act, have been completed. Additionally, by March 1 of each year, through March 1, 2021, the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Los Angeles County Superintendent of Schools, shall report to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance the progress that Inglewood Unified School District has made to complete the activities described in subdivision (c), as specified in the prior year Budget Act. (e) The activities described in subdivision (c) shall be determined in the annual Budget Act based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Los Angeles County Superintendent of Schools. These recommendations shall be submitted to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance by March 1 of each fiscal year, through March 1, 2021, in conjunction with the certification described in subdivision (d). (f) Until June 30, 2019, the Superintendent may waive the reimbursement determination specified in Section 18054 of Title 5 of the California Code of Regulations for Inglewood Unified School District’s 2016–17 fiscal year California state preschool program contract in order to resolve the school district’s outstanding child development reimbursement liability to the state. (Added by Stats. 2018, Ch. 426, Sec. 16. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6.5. School Districts in Financial Distress [42160 - 42163] SECTION 42162. Source version: id_beb8e114-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.5.&article= (a) By April 1, 2023, the Oakland Unified School District, in collaboration with and with the concurrence of the Alameda County Superintendent of Schools and the County Office Fiscal Crisis and Management Assistance Team, shall do all of the following: (1) Update or develop short- and long-term financial plans based on reasonable and accurate assumptions and current and past year expenditure data. (2) Review and update school district facilities construction plans to ensure that costs are reasonable, accurate, and align with long-term financial plans for fiscal solvency. (3) Undergo an on-time annual independent audit pursuant to Section 41020 that is free of material weaknesses and that includes an unqualified opinion. Furthermore, the audit shall be free from any material internal control findings. (b) In the 2023–24 fiscal year, the annual Budget Act shall include an appropriation for the Oakland Unified School District, if the school district complies with the terms specified in subdivisions (a) and (c), of up to 25 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence of the Department of Finance. (c) Disbursement of funds specified in subdivision (b) shall be contingent on the Oakland Unified School District’s completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. These activities may include, but are not limited to, all of the following: (1) Updated comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability, with progress updates on each of the recommendations. (2) Adoption and implementation of necessary budgetary solutions. (3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans. (4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (5) Sale or lease of surplus property. (6) Growth and maintenance of budgetary reserves. (7) Approval of school district budgets by the Alameda County Superintendent of Schools. (8) Prompt appointment following a competitive process of a permanent, experienced, and highly qualified chief business official for any vacancy of chief business official. (d) Funds described in subdivision (b) shall be allocated to Oakland Unified School District upon the certification of the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Alameda County Superintendent of Schools, to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance that the activities described in subdivision (c) have been completed. Additionally, by October 1, 2023, the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Alameda County Superintendent of Schools, shall report to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance the progress that Oakland Unified School District has made to complete the activities described in subdivision (c). (e) The activities described in subdivision (c) shall be determined in the annual Budget Act based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Alameda County Superintendent of Schools. These recommendations shall be submitted to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance biannually by April 1 and by November 1 of the 2023–24 and 2024–25 fiscal years, in conjunction with the certification described in subdivision (d). (f) Of the moneys apportioned to Oakland Unified School District pursuant to this section from an appropriation made for purposes of this section, the school district shall return to the state such moneys if subsequent to the annual apportionment it is determined that the school district did not meet the conditions established herein. The Director of the Department of Finance may initiate such return of prior apportionments if the conditions were not subsequently met and may rely on recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Alameda County Superintendent of Schools in making such determination. (Added by Stats. 2022, Ch. 52, Sec. 36. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 6.5. School Districts in Financial Distress [42160 - 42163] SECTION 42163. Source version: id_c24d0456-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=6.5.&article= (a) By April 1, 2023, the Inglewood Unified School District shall do all of the following: (1) Meet the requirements for qualified or positive certification for the school district’s second interim report pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (2) Complete comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability. (3) Undergo an on-time annual independent audit pursuant to Section 41020 that is free of material weaknesses and that includes an unqualified opinion. Furthermore, the audit shall be free from any material internal control findings. (b) Beginning with the 2022–23 fiscal year, the annual Budget Act shall include an appropriation for the Inglewood Unified School District, if the school district complies with the terms specified in subdivisions (a) and (c), of up to 25 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (c) Disbursement of funds specified in subdivision (b) shall be contingent on the Inglewood Unified School District’s completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. These activities may include, but are not limited to, all of the following: (1) Updated comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability, with a progress update on each of the recommendations. (2) Adoption and implementation of necessary budgetary solutions. (3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans. (4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (5) Sale or lease of surplus property. (6) Growth and maintenance of budgetary reserves. (7) Approval of school district budgets by the Los Angeles County Superintendent of Schools. (8) Prompt appointment following a competitive process of a permanent, experienced, and highly qualified chief business official for any vacancy of chief business official. (d) Funds described in subdivision (b) shall be allocated to Inglewood Unified School District upon the certification of the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Los Angeles County Superintendent of Schools, to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance that the activities described in subdivision (c) have been completed. Additionally, by October 1, 2023, the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Los Angeles County Superintendent of Schools, shall report to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance the progress that Inglewood Unified School District has made to complete the activities described in subdivision (c). (e) The activities described in subdivision (c) shall be determined in the annual Budget Act based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Los Angeles County Superintendent of Schools. These recommendations shall be submitted to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance by April 1, 2023, and November 1, 2023, in conjunction with the certification described in subdivision (d). (f) Of the moneys apportioned to the Inglewood Unified School District pursuant to this section from an appropriation made for purposes of this section, the school district shall return to the state such moneys if subsequent to the annual apportionment it is determined that the school district did not meet the conditions established herein. The Director of the Department of Finance may initiate such return of prior apportionments if the conditions were not subsequently met and may rely on recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Los Angeles County Superintendent of Schools in making such determination. (Added by Stats. 2022, Ch. 52, Sec. 37. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238. Source version: id_a95ba138-8163-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) For the 1984–85 fiscal year and each fiscal year thereafter, the county superintendent of schools shall determine a revenue limit for each school district in the county pursuant to this section. (b) The base revenue limit for a fiscal year shall be determined by adding to the base revenue limit for the prior fiscal year the following amounts: (1) The inflation adjustment specified in Section 42238.1. (2) For the 1995–96 fiscal year, the equalization adjustment specified in Section 42238.4. (3) For the 1996–97 fiscal year, the equalization adjustments specified in Sections 42238.41, 42238.42, and 42238.43. (4) For the 1985–86 fiscal year, the amount per unit of average daily attendance received in the 1984–85 fiscal year pursuant to Section 42238.7. (5) For the 1985–86, 1986–87, and 1987–88 fiscal years, the amount per unit of average daily attendance received in the prior fiscal year pursuant to Section 42238.8. (6) For the 2004–05 fiscal year, the equalization adjustment specified in Section 42238.44. (7) For the 2006–07 fiscal year, the equalization adjustment specified in Section 42238.48. (8) For the 2011–12 fiscal year, the equalization adjustment specified in Section 42238.49. (c) (1) (A) For the 2010–11 fiscal year, the Superintendent shall compute an add-on for each school district by adding the inflation adjustment specified in Section 42238.1 to the adjustment specified in Section 42238.485. (B) For the 2011–12 fiscal year and each fiscal year thereafter, the Superintendent shall compute an add-on for each school district by adding the inflation adjustment specified in Section 42238.1 to the amount computed pursuant to this paragraph for the prior fiscal year. (2) Commencing with the 2010–11 fiscal year, the Superintendent shall compute an add-on for each school district by dividing each school district’s fiscal year average daily attendance computed pursuant to Section 42238.5 by the total adjustments in funding for each school district made for the 2007–08 fiscal year pursuant to Section 42238.22 as it read on January 1, 2009. (d) The sum of the base revenue limit computed pursuant to subdivision (b) and the add-on computed pursuant to subdivision (c) shall be multiplied by the school district average daily attendance computed pursuant to Section 42238.5. (e) For school districts electing to compute units of average daily attendance pursuant to paragraph (2) of subdivision (a) of Section 42238.5, the amount computed pursuant to Article 4 (commencing with Section 42280) shall be added to the amount computed in subdivision (c) or (d), as appropriate. (f) For the 1984–85 fiscal year only, the county superintendent of schools shall reduce the total revenue limit computed in this section by the amount of the decreased employer contributions to the Public Employees’ Retirement System resulting from enactment of Chapter 330 of the Statutes of 1982, offset by any increase in those contributions, as of the 1983–84 fiscal year, resulting from subsequent changes in employer contribution rates. (g) The reduction required by subdivision (f) shall be calculated as follows: (1) Determine the amount of employer contributions that would have been made in the 1983–84 fiscal year if the applicable Public Employees’ Retirement System employer contribution rate in effect immediately before the enactment of Chapter 330 of the Statutes of 1982 was in effect during the 1983–84 fiscal year. (2) Subtract from the amount determined in paragraph (1) the greater of subparagraph (A) or (B): (A) The amount of employer contributions that would have been made in the 1983–84 fiscal year if the applicable Public Employees’ Retirement System employer contribution rate in effect immediately after the enactment of Chapter 330 of the Statutes of 1982 was in effect during the 1983–84 fiscal year. (B) The actual amount of employer contributions made to the Public Employees’ Retirement System in the 1983–84 fiscal year. (3) For purposes of this subdivision, employer contributions to the Public Employees’ Retirement System for either of the following shall be excluded from the calculation specified above: (A) Positions supported totally by federal funds that were subject to supplanting restrictions. (B) Positions supported, to the extent of employer contributions not exceeding twenty-five thousand dollars ($25,000) by a single educational agency, from a revenue source determined on the basis of equity to be properly excludable from the provisions of this subdivision by the Superintendent with the approval of the Director of Finance. (4) For accounting purposes, the reduction made by this subdivision may be reflected as an expenditure from appropriate sources of revenue as directed by the Superintendent. (h) The Superintendent shall apportion to each school district the amount determined in this section less the sum of: (1) The school district’s property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code. (3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. (4) Prior years’ taxes and taxes on the unsecured roll. (5) Fifty percent of the amount received pursuant to Section 41603. (6) (A) The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), except for any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, facility reconstruction, facility remodeling, maintenance, or deferred maintenance, and except for any amount received pursuant to Section 33492.15 of, paragraph (4) of subdivision (a) of Section 33607.5 of, or Section 33607.7 of, the Health and Safety Code that is allocated exclusively for educational facilities. (B) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code. (C) The amount, if any, received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (7) For a unified school district, other than a unified school district that has converted all of its schools to charter status pursuant to Section 47606, the amount of statewide average general-purpose funding per unit of average daily attendance received by school districts for each of four grade level ranges, as computed by the department pursuant to Section 47633, multiplied by the average daily attendance, in corresponding grade level ranges, of any pupils who attend charter schools funded pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8 of Division 4 for which the school district is the sponsoring local educational agency, as defined in Section 47632, and who reside in and would otherwise have been eligible to attend a noncharter school of the school district. (i) A transfer of pupils of grades 7 and 8 between an elementary school district and a high school district shall not result in the receiving school district receiving a revenue limit apportionment for those pupils that exceeds 105 percent of the statewide average revenue limit for the type and size of the receiving school district. (j) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (k) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 32. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.01. Source version: id_7a593d46-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. For purposes of Section 42238.02, the following definitions shall apply: (a) (1) “Eligible for free or reduced-price meals” means determined to meet federal income eligibility criteria, either through completing an application for the federal National School Lunch Program, through a federal Summer Electronic Benefit Transfer for Children (Summer EBT) - compliant Universal Benefit Application, or through an alternative household income data collection form, or deemed to be categorically eligible for free or reduced-price meals under the federal National School Lunch Program, as described in Part 245 of Title 7 of the Code of Federal Regulations. (2) (A) A school participating in a special assistance alternative authorized by Section 11(a)(1) of the federal Richard B. Russell National School Lunch Act (Public Law 113-79), including Provision 2, Provision 3, or the Community Eligibility Provision, may establish a base year for purposes of the local control funding formula by doing either of the following: (i) Determining the pupils at the school who are eligible for free or reduced-price meals and using each pupil’s eligibility status in that base year to report eligibility for up to each of the following three school years. (ii) Carrying forward eligibility for pupils eligible for free or reduced-price meals from the school year in which the school applied to use a federal universal school meal provision, and using each pupil’s eligibility status from the application year to report eligibility for up to each of the following three school years. (B) The school may include between base year eligibility determinations, any current or newly enrolled pupils who are determined to be eligible for free or reduced-price meals. (3) A school that uses the special assistance alternative shall maintain information on each pupil’s eligibility status and annually submit information on that status in the California Longitudinal Pupil Achievement Data System pursuant to paragraph (2) of subdivision (b) of Section 42238.02 or subparagraph (A) of paragraph (3) of subdivision (b) of Section 2574, as applicable. (4) For a pupil who transfers to a school using a special assistance alternative and who is transferring between schools within the same school district, documentation supporting eligibility for that pupil for purposes of the local control funding formula may be transferred from the pupil’s old school to the pupil’s new school, as long as the documentation supporting eligibility for that pupil is less than four years old and is updated at least once every four years. (5) To the extent permitted by federal law, a school may choose to establish a new base year for purposes of the federal National School Lunch Program at the same time the school establishes a new base year for purposes of the local control funding formula. A school may use federal National School Lunch Program application forms to collect household income data as permitted under the federal National School Lunch Program. If the use of federal National School Lunch Program application forms is not permitted, a school shall use alternative household income data collection forms. (6) An alternative household income data collection form shall be confidential and shall not be shared by the school other than as necessary for purposes of determining funding allocations under the local control funding formula and for assessing the accountability of that funding. An alternative household income data collection form shall contain, at a minimum, all of the following information: (A) Information sufficient to identify the pupil or pupils. (B) Information sufficient to determine that the pupil or household meets federal income eligibility criteria sufficient to qualify for either a free or reduced-priced meal under the federal Richard B. Russell National School Lunch Act (Public Law 113-79). (C) Certification that the information is true and correct by the pupil’s adult household member. (7) Paragraphs (2) and (4) are effective commencing with the 2014–15 fiscal year. (b) “Foster youth” means any of the following: (1) A child who is the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code, whether or not the child has been removed from the child’s home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. (2) A child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code, has been removed from the child’s home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code, and is in foster care as defined by subdivision (d) of Section 727.4 of the Welfare and Institutions Code. (3) A nonminor under the transition jurisdiction of the juvenile court, as described in Section 450 of the Welfare and Institutions Code, who satisfies all of the following criteria: (A) The nonminor has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, and not more than 21 years of age, on or after January 1, 2014, and as described in Section 10103.5 of the Welfare and Institutions Code. (B) The nonminor is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code. (C) The nonminor is participating in a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403 of the Welfare and Institutions Code. (4) A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law. (5) A child who is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400 of the Welfare and Institutions Code. (c) “Pupils of limited English proficiency” means pupils who do not have the clearly developed English language skills of comprehension, speaking, reading, and writing necessary to receive instruction only in English at a level substantially equivalent to pupils of the same age or grade whose primary language is English. “English learner” shall have the same meaning as provided for in subdivision (a) of Section 306 and as “pupils of limited English proficiency.” (Amended by Stats. 2025, Ch. 8, Sec. 27. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.015. Source version: id_baac8308-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) The Legislature finds and declares all of the following: (1) According to 2023 findings from the Economic Policy Institute (EPI), inflation-adjusted average weekly wages of teachers have been relatively flat since 1996, finding that the average weekly wages of public school teachers (adjusted only for inflation) increased just twenty-nine dollars ($29) from 1996 to 2021, from one thousand three hundred nineteen dollars ($1,319) to one thousand three hundred forty-eight dollars ($1,348) (in 2021 dollars), where, in contrast, inflation-adjusted weekly wages of other college graduates rose from one thousand five hundred sixty-four dollars ($1,564) to two thousand nine dollars ($2,009) over the same period — a four hundred forty-five-dollar ($445) increase. (2) The EPI also found that the teacher wage penalty, when comparing wages of teachers to other professions with similar educational and certification requirements, grew to a record high in 2021 at 23.5 percent nationally and 17.6 percent in California, up from 6.1 percent in 1996. (3) Even when taking other benefits into account, the teacher total compensation penalty grew by 11.5 percentage points from 1993 to 2021. (4) When Proposition 98 was approved by voters in 1988, it set as a target for school spending per pupil to “equal or exceed the average annual expenditure per student of the 10 states with the highest annual expenditures per student for elementary and high schools.” This target is embedded in Section 8.5 of Article XVI of the California Constitution. (b) Therefore, it is the intent of the Legislature to establish a public education transparency and accountability lens to better inform the Members of the Legislature as to the impacts of the state budget on the pay and benefits of the education workforce by reporting salary and benefits data of certificated and classified employees and the impacts on the professional respect and competitiveness of pay and benefits for classified and certificated employees. (Added by Stats. 2024, Ch. 345, Sec. 1. (AB 938) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.016. Source version: id_03dd3296-a949-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) The department shall, on or before July 1, 2026, create a data collection system for salary and benefits data for represented certificated and classified nonmanagement employees. The data collected shall include salary, benefits, and full-time equivalent employee counts for certificated employees and for employees in the following classified bargaining unit classifications, which shall be collected in the same manner as for certificated employees, as determined by the department: (1) Entry level schoolsite secretary or administrative assistant. (2) Entry level central office secretary or administrative assistant. (3) Entry level custodian. (4) Entry level bus driver. (5) Entry level food service worker. (6) Entry level special education instructional aide. (7) Entry level general education instructional aide. (b) (1) On or before August 31, 2026, and on or before July 1 annually thereafter, school districts, county offices of education, and direct-funded charter schools as described in Section 47651 shall complete the data collection process created pursuant to subdivision (a) and report the data to the department. A school district or county office of education that is the chartering authority or designated oversight agency of a locally funded charter school as described in Section 47651 shall complete and report the data to the department for the locally funded charter school. (2) (A) For the 2026–27 fiscal year, the department shall make the data for the immediate prior fiscal year submitted by school districts, county offices of education, and direct-funded charter schools pursuant to this section publicly available in a downloadable open file data format by February 26, 2027. (B) Commencing with the 2027–28 fiscal year, the department shall make the data for the immediate prior fiscal year submitted by school districts, county offices of education, and direct-funded charter schools publicly available in a downloadable open file data format pursuant to this section by December 31 of each year. (c) On or before January 31, 2027, and on or before November 30 annually thereafter, the department shall report to the Legislature, in compliance with Section 9795 of the Government Code, on the progress of school districts, county offices of education, and charter schools in increasing salaries for classified employees and certificated employees. This report shall include the following: (1) The change in salary rates for certificated employees as compared to the last 10 fiscal years or, if the data has been filed for fewer than 10 fiscal years, whichever year the data was filed for first. (2) The change in salary rates for classified employees as compared to the last 10 fiscal years or, if the data has been filed for fewer than 10 fiscal years, whichever year the data was filed for first. (3) The salary rate changes year over year. (4) The rate of salary change compared to the rate of yearly inflation as measured by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. (5) The rate of total compensation changes year over year. (d) For purposes of this section, the following definitions apply: (1) “Classified bargaining unit classification” does not include, for purposes of determining employees in that classification, confidential employees as defined in Section 3540.1 of the Government Code. (2) “Full-time equivalent” means, for classified employees, the total number of full-time equivalent employees in the local educational agency, with the number of full-time equivalent employees in each classified bargaining unit classification computed as the sum of both of the following: (A) The sum of the full-time equivalent of employees who work full-time hours in each work day, as defined by the local educational agency, in that classification. Each of these employees shall count as 1.0 full-time equivalent. (B) The sum of the full-time equivalent of employees who work less than full-time hours in each work day, as defined by the local educational agency, in that classification. The full-time equivalent of these employees shall be calculated by dividing the number of hours each employee works each day in that classification by the number of full-time hours. (3) “Salary” means the hourly wage paid for work by classified employees or the annual wage paid for work by certificated employees. (Amended by Stats. 2025, Ch. 744, Sec. 3. (SB 147) Effective October 13, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.017. Source version: id_d2f1192a-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. In any fiscal year, if a decline in Education Protection Account revenue results in a nontransfer of funds into the Education Protection Account fourth-quarter payment, the Superintendent shall recover a local educational agency’s overpayment of Education Protection Account funds from the current year’s second principal apportionment payment made pursuant to Section 14041 for deposit into the Education Protection Account. The fourth-quarter Education Protection Account payment for the current fiscal year shall be made by the Controller as soon as practical, but no later than August 15 of the subsequent fiscal year. (Added by Stats. 2025, Ch. 8, Sec. 29. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.02. Source version: id_85aa1eda-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) The amount computed pursuant to this section shall be known as the school district and charter school local control funding formula. (b) (1) For purposes of this section “unduplicated pupil” means a pupil enrolled in a school district or a charter school who is either classified as an English learner, eligible for a free or reduced-price meal, or is a foster youth. A pupil shall be counted only once for purposes of this section if any of the following apply: (A) The pupil is classified as an English learner and is eligible for a free or reduced-price meal. (B) The pupil is classified as an English learner and is a foster youth. (C) The pupil is eligible for a free or reduced-price meal and is classified as a foster youth. (D) The pupil is classified as an English learner, is eligible for a free or reduced-price meal, and is a foster youth. (2) Under procedures and timeframes established by the Superintendent, commencing with the 2013–14 fiscal year, a school district or charter school shall annually submit its enrolled free and reduced-price meal eligibility, foster youth, and English learner pupil-level records for enrolled pupils to the Superintendent using the California Longitudinal Pupil Achievement Data System. (3) (A) Commencing with the 2013–14 fiscal year, a county office of education shall review and validate certified aggregate English learner, foster youth, and free or reduced-price meal eligible pupil data for school districts and charter schools under its jurisdiction to ensure the data is reported accurately. The Superintendent shall provide each county office of education with appropriate access to school district and charter school data reports in the California Longitudinal Pupil Achievement Data System for purposes of ensuring data reporting accuracy. (B) The Controller shall include the instructions necessary to enforce paragraph (2) in the audit guide required by Section 14502.1. The instructions shall include, but are not necessarily limited to, procedures for determining if the English learner, foster youth, and free or reduced-price meal eligible pupil counts are consistent with the school district’s or charter school’s English learner, foster youth, and free or reduced-price meal eligible pupil records. (4) The Superintendent shall make the calculations pursuant to this section using the data submitted by local educational agencies, including charter schools, through the California Longitudinal Pupil Achievement Data System. Under timeframes and procedures established by the Superintendent, school districts and charter schools may review and revise their submitted data on English learner, foster youth, and free or reduced-price meal eligible pupil counts to ensure the accuracy of data reflected in the California Longitudinal Pupil Achievement Data System. (5) The Superintendent shall annually compute the percentage of unduplicated pupils for each school district and charter school by dividing the enrollment of unduplicated pupils in a school district or charter school by the total enrollment in that school district or charter school pursuant to all of the following: (A) For the 2013–14 fiscal year, divide the sum of unduplicated pupils for the 2013–14 fiscal year by the sum of the total pupil enrollment for the 2013–14 fiscal year. (B) For the 2014–15 fiscal year, divide the sum of unduplicated pupils for the 2013–14 and 2014–15 fiscal years by the sum of the total pupil enrollment for the 2013–14 and 2014–15 fiscal years. (C) For the 2015–16 fiscal year and each fiscal year thereafter, divide the sum of unduplicated pupils for the current fiscal year and the two prior fiscal years by the sum of the total pupil enrollment for the current fiscal year and the two prior fiscal years. (D) (i) For purposes of the quotients determined pursuant to subparagraphs (B) and (C), the Superintendent shall use a school district’s or charter school’s enrollment of unduplicated pupils and total pupil enrollment in the 2014–15 fiscal year instead of the enrollment of unduplicated pupils and total pupil enrollment in the 2013–14 fiscal year if doing so would yield an overall greater percentage of unduplicated pupils. (ii) It is the intent of the Legislature to review each school district and charter school’s enrollment of unduplicated pupils for the 2013–14 and 2014–15 fiscal years and provide one-time funding, if necessary, for a school district or charter school with higher enrollment of unduplicated pupils in the 2014–15 fiscal year as compared to the 2013–14 fiscal year. (E) (i) Notwithstanding any other law, for purposes of subparagraph (C), the unduplicated pupils and total pupil enrollment in prior fiscal years shall be the following: (I) For a transferred charter school, the counts shall be equal to the counts reported for the original charter school. (II) For an acquiring charter school, the counts shall be equal to the counts reported for the original charter school. This subclause shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (III) For the restructured portions of a divided charter school, the counts shall be zero. (IV) For the remaining portion of a divided charter school, the counts shall be equal to the counts reported for the original charter school. (ii) The definitions in Section 47654 apply for purposes of this subparagraph. (6) Notwithstanding subdivision (a) of Section 14002, the data used to determine the percentage of unduplicated pupils shall be final once that data is no longer used in the current fiscal year calculation of the percentage of unduplicated pupils. This paragraph does not apply to a change that is the result of an audit exception, as described in paragraph (2) of subdivision (a) of Section 41341. (c) Commencing with the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall annually calculate a local control funding formula grant for each school district and charter school in the state pursuant to this section. (d) The Superintendent shall compute a grade span adjusted base grant equal to the total of the following amounts: (1) For the 2013–14 fiscal year, a base grant of: (A) Six thousand eight hundred forty-five dollars ($6,845) for average daily attendance in kindergarten and grades 1 to 3, inclusive. (B) Six thousand nine hundred forty-seven dollars ($6,947) for average daily attendance in grades 4 to 6, inclusive. (C) Seven thousand one hundred fifty-four dollars ($7,154) for average daily attendance in grades 7 and 8. (D) Eight thousand two hundred eighty-nine dollars ($8,289) for average daily attendance in grades 9 to 12, inclusive. (2) In each year the grade span adjusted base grants in paragraph (1) shall be adjusted by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (3) (A) The Superintendent shall compute an additional adjustment to the kindergarten and grades 1 to 3, inclusive, base grant as adjusted pursuant to paragraphs (2) and (5) equal to 10.4 percent. The additional grant shall be calculated by multiplying the kindergarten and grades 1 to 3, inclusive, base grant, as adjusted by paragraphs (2) and (5), by 10.4 percent. (B) Until paragraph (4) of subdivision (b) of Section 42238.03 is effective, as a condition of the receipt of funds in this paragraph, a school district shall make progress toward maintaining an average class enrollment of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative annual average class enrollment for each schoolsite in those grades is agreed to by the school district, pursuant to the following calculation: (i) Determine a school district’s average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the prior year. For the 2013–14 fiscal year, this amount shall be the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the 2012–13 fiscal year. (ii) Determine a school district’s proportion of total need pursuant to paragraph (2) of subdivision (b) of Section 42238.03. (iii) Determine the percentage of the need calculated in clause (ii) that is met by funding provided to the school district pursuant to paragraph (3) of subdivision (b) of Section 42238.03. (iv) Determine the difference between the amount computed pursuant to clause (i) and an average class enrollment of not more than 24 pupils. (v) Calculate a current year average class enrollment adjustment for each schoolsite for kindergarten and grades 1 to 3, inclusive, equal to the adjustment calculated in clause (iv) multiplied by the percentage determined pursuant to clause (iii). (C) School districts that have an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of 24 pupils or less for each schoolsite in the 2012–13 fiscal year, shall be exempt from the requirements of subparagraph (B) so long as the school district continues to maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils, unless a collectively bargained alternative ratio is agreed to by the school district. (D) (i) Upon full implementation of the local control funding formula, as a condition of the receipt of funds in this paragraph, all school districts shall maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative ratio is agreed to by the school district. (ii) Notwithstanding clause (i), for purposes of meeting the requirements of paragraph (1) of subdivision (g) of Section 48000, a school district shall maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite. (E) The average class enrollment requirement for each schoolsite for kindergarten and grades 1 to 3, inclusive, established pursuant to this paragraph shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent. (F) The Controller shall include the instructions necessary to enforce this paragraph in the audit guide required by Section 14502.1. The instructions shall include, but are not necessarily limited to, procedures for determining if the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, exceeds 24 pupils, or an alternative average class enrollment for each schoolsite pursuant to a collectively bargained alternative ratio. The procedures for determining average class enrollment for each schoolsite shall include criteria for employing sampling. (4) The Superintendent shall compute an additional adjustment to the base grant for grades 9 to 12, inclusive, as adjusted pursuant to paragraphs (2) and (5), equal to 2.6 percent. The additional grant shall be calculated by multiplying the base grant for grades 9 to 12, inclusive, as adjusted by paragraphs (2) and (5) by 2.6 percent. (5) For the 2022–23 fiscal year, the Superintendent shall increase the base grants for kindergarten and grades 1 to 12, inclusive, by 6.7 percent. This adjustment shall be calculated by multiplying the grade span-adjusted base grants calculated pursuant to paragraph (2) for the 2021–22 fiscal year by 6.7 percent. The adjustment shall be included in grade span-adjusted base grants amounts for purposes of the adjustment pursuant to paragraph (2) commencing with the 2023–24 fiscal year. (e) The Superintendent shall compute a supplemental grant add-on equal to 20 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b). The supplemental grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 20 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in that school district or charter school. The supplemental grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (f) (1) (A) The Superintendent shall compute a concentration grant add-on equal to 50 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 50 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school. (B) Commencing with the 2021–22 fiscal year, the concentration grant add-on referenced in subparagraph (A) shall instead be equal to 65 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 65 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school. (2) (A) For a charter school physically located in only one school district, the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district in which the charter school is physically located. For a charter school physically located in more than one school district, the charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed that of the school district with the highest percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school districts in which the charter school has a school facility. The concentration grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (B) For purposes of this paragraph and subparagraph (A) of paragraph (1) of subdivision (f) of Section 42238.03, a charter school shall report its physical location to the department under timeframes established by the department. For a charter school authorized by a school district, the department shall include the authorizing school district in the department’s determination of physical location. For a charter school authorized on appeal pursuant to subdivision (k) of Section 47605, the department shall include the school district that initially denied the petition in the department’s determination of physical location. Notwithstanding subdivision (a) of Section 14002, the reported physical location of the charter school shall be considered final as of the second principal apportionment for that fiscal year, and, for purposes of this paragraph, the percentage of unduplicated pupils of the school district associated with the charter school pursuant to subparagraph (A) shall be considered final as of the second principal apportionment for that fiscal year. (g) (1) The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Targeted Instructional Improvement Block Grant program, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2, for the 2012–13 fiscal year, as that article read on January 1, 2013. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount of funding received by the school district or charter school from that program in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03. (2) Notwithstanding Section 42238.05, for the 2022–23 fiscal year to the 2024–25 fiscal year, inclusive, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to two thousand eight hundred thirteen dollars ($2,813) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2023–24 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature that the costs to meet the requirements of paragraph (2) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph. (3) Commencing with the 2025–26 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to five thousand five hundred forty-five dollars ($5,545) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2026–27 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature that the costs to meet the requirements of paragraph (3) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph. (h) (1) The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Home-to-School Transportation program, as set forth in former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5, former Article 10 (commencing with Section 41850) of Chapter 5, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290), as those articles read on January 1, 2013, for the 2012–13 fiscal year. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount received by the school district or charter school for those programs in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03. (2) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent from any of the funding sources specified in paragraph (1) for the 2012–13 fiscal year, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of the entitlement to funding transferred by the joint powers agency to the member school district or charter school. (3) Commencing in the 2023–24 fiscal year, the add-on amounts referenced in paragraphs (1) and (2) shall receive the annual cost-of-living adjustment specified in paragraph (2) of subdivision (d). (i) (1) The sum of the local control funding formula rates computed pursuant to subdivisions (c) to (f), inclusive, shall be multiplied by: (A) For school districts, the average daily attendance of the school district in the corresponding grade level ranges computed pursuant to Section 42238.05, excluding the average daily attendance computed pursuant to paragraph (2) of subdivision (a) of Section 42238.05 for purposes of the computation specified in subdivision (d). (B) For charter schools, the total current year average daily attendance in the corresponding grade level ranges. (2) The amount computed pursuant to Article 4 (commencing with Section 42280) shall be added to the amount computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (d), as multiplied by subparagraph (A) or (B) of paragraph (1), as appropriate. (j) The Superintendent shall adjust the sum of each school district’s or charter school’s amount determined in subdivisions (g) to (i), inclusive, pursuant to the calculation specified in Section 42238.03, less the sum of the following: (1) (A) For school districts, the property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (B) For charter schools, the in-lieu property tax amount provided to a charter school pursuant to Section 47635. (2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code. (3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. (4) Prior years’ taxes and taxes on the unsecured roll. (5) Fifty percent of the amount received pursuant to Section 41603. (6) The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), less any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, reconstruction, or remodeling, or deferred maintenance and that is not an amount received pursuant to Section 33492.15, or paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities. (7) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code. (8) Revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (k) A school district shall annually transfer to each of its charter schools funding in lieu of property taxes pursuant to Section 47635. (l) (1) This section does not authorize a school district that receives funding on behalf of a charter school pursuant to Section 47651 to redirect this funding for another purpose unless otherwise authorized in law pursuant to paragraph (2) or pursuant to an agreement between the charter school and its chartering authority. (2) A school district that received funding on behalf of a locally funded charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or a school district that was required to pass through funding to a conversion charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42606, as that section read on January 1, 2013, may annually redirect for another purpose a percentage of the amount of the funding received on behalf of that charter school. The percentage of funding that may be redirected shall be determined pursuant to the following computation: (A) (i) Determine the sum of the need fulfilled for that charter school pursuant to paragraph (3) of subdivision (b) of Section 42238.03 in the then current fiscal year for the charter school. (ii) Determine the sum of the need fulfilled in every fiscal year before the then current fiscal year pursuant to paragraph (3) of subdivision (b) of Section 42238.03 adjusted for changes in average daily attendance pursuant to paragraph (3) of subdivision (a) of Section 42238.03 for the charter school. (iii) Subtract the amount computed pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) of Section 42238.03 from the amount computed for that charter school under the local control funding formula entitlement computed pursuant to subdivision (i) of this section. (iv) Compute a percentage by dividing the sum of the amounts computed pursuant to clauses (i) and (ii) by the amount computed pursuant to clause (iii). (B) Multiply the percentage computed pursuant to subparagraph (A) by the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013. (C) The maximum amount that may be redirected shall be the lesser of the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or the amount computed pursuant to subparagraph (B). (3) Commencing with the 2013–14 fiscal year, a school district operating one or more affiliated charter schools shall provide each affiliated charter school schoolsite with no less than the amount of funding the schoolsite received pursuant to the charter school block grant in the 2012–13 fiscal year. (m) Any calculations in law that are used for purposes of determining if a local educational agency is an excess tax school entity or basic aid school district, including, but not limited to, this section and Sections 41544, 42238.03, 47632, 47660, 47663, 48310, and 48359.5, and Section 95 of the Revenue and Taxation Code, shall exclude the revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (n) The funds apportioned pursuant to this section and Section 42238.03 shall be available to implement the activities required pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4. (o) A school district that does not receive an apportionment of state funds pursuant to this section, as implemented pursuant to Section 42238.03, excluding funds apportioned pursuant to the requirements of subparagraph (A) of paragraph (2) of subdivision (e) of Section 42238.03, shall be considered a “basic aid school district” or an “excess tax entity.” (Amended by Stats. 2025, Ch. 8, Sec. 30. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.021. Source version: id_4c727fdf-c12e-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. Notwithstanding any other law, for the 2020–21 fiscal year, the adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574, subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574, subdivision (b) of Section 2575.1, paragraph (2) of subdivision (d) of Section 42238.02, and subdivision (b) of Section 42287 shall instead be zero. (Added by Stats. 2020, Ch. 24, Sec. 29. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.022. Source version: id_ee0aef54-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Notwithstanding any other law, for the 2021–22 fiscal year, the adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574, subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574, subdivision (b) of Section 2575.1, paragraph (2) of subdivision (d) of Section 42238.02, and subdivision (b) of Section 42287 shall be 2.7 percent and shall be calculated by first assuming the adjustment referenced in Section 42238.021 is 2.31 percent instead of zero. (b) (1) For the 2026–27 fiscal year, the department shall increase the rates provided in paragraphs (1), (2), and (3) of subdivision (a) of Section 2574, base grant rates provided in subparagraph (A) of paragraph (1) of subdivision (c) of Section 2574, and base grant rates provided in subdivision (d) of Section 42238.02 by 1.44 percent. These adjustments shall be calculated by multiplying the corresponding rates for the 2025–26 fiscal year, as determined by paragraph (4) of subdivision (a) of Section 2574, subparagraphs (A) and (B) of paragraph (1) of subdivision (c) of Section 2574, and paragraph (2) of subdivision (d) of Section 42238.02, as applicable, by 1.44 percent. (2) Notwithstanding subdivision (a) of Section 2575.4, for the 2026–27 fiscal year, the rate change provided pursuant to that subdivision shall reflect the adjustments made pursuant to paragraph (1). (3) Notwithstanding any other law, for purposes of calculating subsequent fiscal year funding rates, the adjustments made pursuant to this subdivision shall be included in their respective prior year funding rates commencing with the 2027–28 fiscal year. (4) Local educational agencies incurring costs related to providing employees with up to 14 weeks of paid pregnancy disability leave pursuant to Sections 44965 and 45193 shall use the funds calculated pursuant to this subdivision to reimburse those costs. (Amended by Stats. 2026, Ch. 65, Sec. 52. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.023. Source version: id_29e16a4f-403b-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Notwithstanding any other law, for purposes of calculating local control funding formula entitlements pursuant to Sections 42238.02, 42238.03, 2574, and 2576, as applicable, if the Superintendent determines that a local educational agency’s attendance yield in the 2019–20 fiscal year is greater than the attendance yield in the 2021–22 school year, the Superintendent shall adjust the local educational agency’s 2021–22 fiscal year average daily attendance in the manner described in subdivision (b). This determination shall be made by the following calculation for each local educational agency: (1) Divide the total average daily attendance in the 2019–20 fiscal year reported for both the second period and the annual period apportionment, as applicable, by total enrollment from the California Longitudinal Pupil Achievement Data System Fall 1 Certification for the 2019–20 fiscal year. This amount shall not exceed a value of one. (2) Divide the total average daily attendance in the 2021–22 fiscal year reported for both the second period and annual period apportionment, as applicable, by total enrollment from the California Longitudinal Pupil Achievement Data System Fall 1 Certification for the 2021–22 fiscal year. This amount shall not exceed a value of one. (3) Divide the amount determined in paragraph (1) by the amount determined in paragraph (2). If the resulting quotient is greater than one, the local educational agency’s 2021–22 fiscal year average daily attendance shall be adjusted pursuant to subdivision (b). (b) (1) For county offices of education, the Superintendent shall multiply the county office of education’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for the purpose of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 2574 and 2576. (2) For school districts, the Superintendent shall make the following adjustments: (A) Multiply the school district’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for purposes of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 42238.02 and 42238.03. (B) Multiply the school district’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for purposes of calculating prior year average daily attendance or the average attendance of the three most recent prior fiscal years pursuant to Sections 42238.05 and 42280 in the 2022–23 to 2024–25 fiscal years, inclusive. (3) For charter schools, excluding a charter school classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5, the Superintendent shall multiply the charter school’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for the purpose of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 42238.02 and 42238.03. (c) (1) The calculations pursuant to subdivisions (a) and (b) shall only be applied to school districts and county offices of education that meet the following requirements: (A) By no later than November 1, 2021, offered an independent study program to all pupils, for the 2021–22 school year, consistent with the requirements of Section 51745, and provided the notification to parents and guardians of all enrolled pupils pursuant to paragraph (1) of subdivision (h) of Section 51747 and subparagraph (A) of paragraph (8) of subdivision (b) of Section 51749.6. (B) By no later than November 1, 2021, adopted written policies for providing instruction to pupils through independent study, and have verifiable documentation substantiating the provision of opportunities for live interaction and synchronous instruction pursuant to Section 51745.5, if applicable, or the provision of activities or pupil work product of a pupil while out on independent study that is equivalent to in-person instruction pursuant to Sections 51747 and 51749.5. (2) In the 2021–22 school year, a school district or county office of education that received a waiver by June 15, 2022, pursuant to subdivision (g) of Section 51745, from independent study requirements, or a school district or county office of education that entered into a contract with a county office of education or an interdistrict transfer agreement with another school district pursuant to subdivision (f) of Section 51745 for the offering of independent study, shall be deemed to have met the requirements specified in paragraph (1). (3) (A) On or before November 1, 2022, a school district or county office of education shall certify its compliance with paragraph (1) or (2) using a form the department shall provide for this purpose. A school district or county office of education that does not certify compliance shall not receive the 2021–22 average daily attendance calculation pursuant to this Section. (B) The department shall make this form available to school districts and county offices of education on or before October 11, 2022. (4) The 2022–23 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in subparagraphs (A) and (B) of paragraph (1), which may include reviewing the local educational agency’s annual audit for the 2021–22 fiscal year to determine compliance with those requirements. (Amended by Stats. 2022, Ch. 571, Sec. 19. (AB 185) Effective September 27, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.024. Source version: id_9238b8e7-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Commencing with the 2023–24 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated each fiscal year from the General Fund to the Superintendent for allocation for the Local Control Funding Formula Equity Multiplier apportionment in the manner and for the purposes set forth in this section. Commencing with the 2024–25 fiscal year, the amount appropriated pursuant to this subdivision shall be adjusted each fiscal year by the percentage change applied pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for that fiscal year. (b) (1) Funds appropriated pursuant to subdivision (a) shall be made available by the Superintendent to eligible local educational agencies for allocation to schoolsites eligible pursuant to paragraph (2) for evidence-based services and supports for pupils, with a demonstration of how the resulting services and supports are increased or improved in comparison to services and supports that would have been provided at the schoolsites if the funding were not provided. Funds appropriated pursuant to subdivision (a) shall supplement, not supplant, funding provided for these schoolsites for purposes of the local control funding formula pursuant to Section 2574, 2575, or 42238.02, the Expanded Learning Opportunities Program pursuant to Section 46120, the Literacy Coaches and Reading Specialists Grant Program established pursuant to Section 137 of Chapter 52 of the Statutes of 2022, and the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1). (2) For schoolsites with prior year nonstability rates greater than 25 percent and prior year socioeconomically disadvantaged pupil rates of greater than 70 percent, funding shall be allocated on a per-unit basis of the schoolsite’s total prior year adjusted cumulative enrollment. The per-unit funding amount is based on total statewide eligible enrollment and the amount of funds available, as reported in the stability rate data file. (3) An eligible schoolsite shall not receive funding pursuant to paragraph (2) of less than fifty thousand dollars ($50,000), adjusted each fiscal year by percentage change applied pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for that fiscal year. (4) A schoolsite deemed eligible pursuant to paragraph (2) shall instead be deemed ineligible if it meets either of the following criteria: (A) The schoolsite has closed in the year in which the funds are to be allocated, as reported pursuant to paragraph (2) of subdivision (f) of Section 60900. (B) Commencing with the 2024–25 fiscal year, the local educational agency generated funding for a schoolsite pursuant to paragraph (2) due to a pupil being enrolled in the school district office. (5) Unspent funds from any fiscal year provided to a local educational agency with a schoolsite that has closed, as reported pursuant to paragraph (2) of subdivision (f) of Section 60900, shall be returned to the department. Local educational agencies shall report the total amount of unspent funds in accordance with instructions and forms prescribed and furnished by the Superintendent. (c) For purposes of this section, the following definitions apply: (1) “Eligible local educational agency” means a school district, county office of education, or charter school that generates a local control funding formula entitlement pursuant to Sections 2574, 2575, or 42238.02, excluding a charter school classified as a nonclassroom-based charter school as of the prior fiscal year’s second principal apportionment certification pursuant to Section 47612.5. (2) “Nonstability rate” means the percentage of pupils who are either enrolled for less than 245 continuous days between July 1 and June 30 of the prior school year, or exited from a school between July 1 and June 30 of the prior school year due to either truancy, expulsion, or for unknown reasons and without stable subsequent enrollment at another school as identified in the stability rate data file. (3) “Prior year adjusted cumulative enrollment” means any enrollment with a start date in the school year in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, as identified in the stability rate data file. (4) “Schoolsite” means an individual school in an eligible local educational agency, excluding the school district office. (5) “Socioeconomically disadvantaged pupil rate” means the percentage of pupils that meet any of the following criteria for the prior school year: (A) Neither of the pupil’s parents has a high school diploma. (B) The pupil is eligible for free or reduced-price meals under the federal National School Lunch Program, including by direct certification. (C) The pupil is a migratory child for purposes of Part C (commencing with Section 6391) of Subchapter I of Chapter 70 of Title 20 of the United States Code. (D) The pupil is a homeless child or youth. (E) The pupil is a foster youth. (F) The pupil is enrolled in a county juvenile court school. (6) “Stability rate data file” means the initial publication of the annual file published by the department for the prior school year that will be used to determine a schoolsite’s prior year adjusted cumulative enrollment, nonstability rate, and socioeconomically disadvantaged rate for the purposes of calculating funding pursuant to this section for an eligible local educational agency. (d) Notwithstanding Section 10231.5 of the Government Code, by February 1, 2025, and each February 1 thereafter, the department, using existing resources, shall submit an annual report to the relevant policy and fiscal committees of the Legislature, the state board, and the Department of Finance that includes the following information on pupil outcomes at schoolsites that receive funding pursuant to this section and statewide pupil outcomes: (1) Pupil subgroup data captured in the stability rate data file, based on enrollment at the eligible schoolsite. (2) Number of truant pupils captured in the stability rate data file and enrolled at the eligible schoolsite. (3) Number of expelled pupils captured in the stability rate data file and enrolled at the eligible schoolsite. (4) Number of pupils whose reasons for exit from the schoolsite are unknown, as captured in the stability rate data file, and enrolled at the eligible schoolsite. (5) Performance of the eligible schoolsites on California School Dashboard state indicators, disaggregated by pupil subgroup. (e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year for which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year for which the appropriation is made. (Amended by Stats. 2024, Ch. 38, Sec. 20. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.025. Source version: id_6f2df11b-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) In the 2013–14 fiscal year, the Superintendent shall compute an economic recovery target rate for each school district and charter school equal to the sum of the following: (1) (A) For each school district, the school district’s revenue limit in the 2012–13 fiscal year as computed pursuant to this article, as this article read on January 1, 2013, divided by the 2012–13 fiscal year average daily attendance of the school district computed pursuant to Section 42238.05. For purposes of this section, average daily attendance shall include any applicable revenue limit average daily attendance and shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) For each charter school, the charter school’s general purpose funding as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, and the in-lieu property tax amount provided to the charter school pursuant to Section 47635, as that section read on January 1, 2013, divided by the 2012–13 fiscal year average daily attendance of the charter school computed pursuant to Section 42238.05. For purposes of this section, average daily attendance shall include any applicable charter school general purpose funding average daily attendance and shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (C) The amounts determined pursuant to subparagraphs (A) and (B) shall not reflect the deficit factor adjustments set forth in Section 42238.146, as that section read on January 1, 2013. (D) The amounts determined pursuant to subparagraphs (A) and (B) shall be adjusted for the cost-of-living adjustment for the 2013–14 fiscal year pursuant to paragraph (2) of subdivision (d) of Section 42238.02 and an annual average cost-of-living adjustment of 1.94 percent for the 2014–15 fiscal year to the 2020–21 fiscal year, inclusive. (2) (A) For each school district and charter school, the sum of the entitlements from items contained in Section 2.00 of the Budget Act of 2012 for Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4, as it read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915, divided by the 2012–13 fiscal year average daily attendance of the school district computed pursuant to Section 42238.05. For purposes of this subparagraph, 2012–13 fiscal year entitlements shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) The amounts determined pursuant to this subdivision shall not be adjusted for the reduction set forth in Section 12.42 of the Budget Act of 2012. (b) Of the amounts computed for school districts pursuant to subdivision (a), the Superintendent shall determine the funding rate per unit of average daily attendance above which fall not more than 10 percent of the total number of school districts statewide. (c) The Superintendent shall compute a 2020–21 fiscal year local control funding formula rate for each school district and charter school equal to the amount computed pursuant to Section 42238.02 for the 2013–14 fiscal year, adjusted for an annual average cost-of-living adjustment of 1.94 percent for the 2014–15 fiscal year to the 2020–21 fiscal year, inclusive, divided by the 2013–14 fiscal year average daily attendance of the school district or charter school computed pursuant to Section 42238.05. For purposes of this subdivision, the amount computed pursuant to Section 42238.02 for the 2013–14 fiscal year shall be considered final as of the second principal apportionment for the 2013–14 fiscal year, as calculated for purposes of the certification required on or before July 2, 2014, pursuant to Sections 41335 and 41339. (d) (1) For each school district and charter school that has a funding rate per unit of average daily attendance computed pursuant to subdivision (a) that is equal to, or below, the funding rate per unit of average daily attendance determined pursuant to subdivision (b), the Superintendent shall subtract the amount computed pursuant to subdivision (c) from the amount computed pursuant to subdivision (a). Each school district or charter school for which this calculation yields an amount greater than zero shall be eligible for an economic recovery target payment equal to the amount of the difference. A school district or charter school that has a funding rate per unit of average daily attendance calculated pursuant to subdivision (a) that exceeds the rate calculated pursuant to subdivision (b) shall not be eligible for an economic recovery target payment. (2) Each school district or charter school eligible for an economic recovery target payment pursuant to paragraph (1) shall receive the following apportionments: (A) For the 2013–14 fiscal year, one-eighth of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (B) For the 2014–15 fiscal year, one-quarter of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (C) For the 2015–16 fiscal year, three-eighths of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (D) For the 2016–17 fiscal year, one-half of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (E) For the 2017–18 fiscal year, five-eighths of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (F) For the 2018–19 fiscal year, three-quarters of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (G) For the 2019–20 fiscal year, seven-eighths of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (H) For the 2020–21 fiscal year and each fiscal year thereafter, the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (3) In each fiscal year until a determination has been made that all school districts and charter schools equal or exceed the local control funding formula target computed pursuant to Section 42238.02, as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) of Section 42238.03, the economic recovery target payment apportioned to each eligible school district or charter school pursuant to paragraph (2) shall be added to the school district’s or charter school’s funding amounts that are continuously appropriated pursuant to subdivision (a) of Section 42238.03 and included in the amount of funding that is subject to offset pursuant to subdivision (c) of Section 42238.03. The amount apportioned pursuant to paragraph (2) shall not receive a cost-of-living adjustment. (4) Commencing with the first fiscal year in which all school districts and charter schools are apportioned funding pursuant to Section 42238.02, the economic recovery target calculated pursuant to subparagraph (H) of paragraph (2) shall be included as an add-on to the amounts computed pursuant to subdivisions (c) to (i), inclusive, of Section 42238.02 and included in the amount of funding that is subject to offset pursuant to subdivision (j) of Section 42238.02. The amount included as an add-on pursuant to this paragraph shall not receive a cost-of-living adjustment. (e) (1) The economic recovery target payment calculated pursuant to subparagraph (H) of paragraph (2) of subdivision (d) for a restructured charter school shall be the following: (A) For a transferred charter school, the economic recovery target payment shall be equal to the amount calculated for the original charter school. (B) For an acquiring charter school, the economic recovery target payment shall be equal to the sum of the amounts calculated for the original charter schools. This subparagraph shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (C) For a divided charter school, the economic recovery target payment shall be divided between the restructured portions of a divided charter school and the remaining portion of a divided charter school based on each charter school’s share of the combined average daily attendance of the charter schools computed pursuant to Section 42238.05 as of the second principal apportionment in the fiscal year immediately before the first fiscal year of instruction as a restructured charter school. Data regarding average daily attendance shall be provided by the charter school in a format prescribed by the Superintendent. The total average daily attendance attributable to the restructured and remaining portions of a divided charter school shall not exceed the total average daily attendance of the original charter school for the applicable fiscal year. The amounts shall be final as of the second principal apportionment for the first fiscal year of instruction as a restructured charter school and each fiscal year thereafter. (2) The definitions in Section 47654 apply for purposes of this subdivision. (Amended by Stats. 2023, Ch. 48, Sec. 26. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.026. Source version: id_e0015e6c-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) On or before January 1, 2026, the Legislative Analyst’s Office shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, on the effects of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment. The report, at a minimum, shall analyze all of the following, to the extent data is available: (1) The legislative history of the change from funding excused absences to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997), including legislative intent and any indications of inaccurate or inappropriate attendance reporting of excused absences. (2) The impact on attendance of the change from funding excused absences to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997), including statewide attendance, and the equity impact of this change, including attendance by pupil subgroup, and attendance at local educational agencies with high percentages of pupils who are English learners, low-income pupils, and foster youth. (3) The programmatic changes made by local educational agencies to increase attendance after the switch to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997). (4) The methods used by other states to count pupils for education funding purposes and the ways in which other states create incentives for local educational agencies to encourage pupil attendance. (5) A review of research regarding both of the following: (A) Evidence-based approaches to improving pupil attendance. (B) The extent to which a state’s method of funding affects pupil attendance rates. (6) The fiscal, programmatic, and administrative impacts of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment, including the effects on the state and local educational agencies. (7) The potential impacts on pupil attendance of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment, including the effects on the state and local educational agencies, including by pupil grade and pupil subgroups as described in Section 52052. (8) How a change to enrollment-based funding would affect local educational agencies of varying sizes, locations, and pupil demographics. (9) Alternative methods of changing the local control funding formula that would have a similar effect on local educational agencies serving a higher percentage of English learners, low-income pupils, and foster youth. (10) Phase-in approaches to implement the cost of an enrollment-based funding model over several years that do not reduce the funding received by any local educational agency. (11) If the pupil count methodology for the local control funding formula is changed, whether the state should continue using average daily attendance for the Proposition 98 funding calculation and other education programs, such as lottery funding. (12) The impacts on Proposition 98 and the minimum funding guarantee set forth in Sections 8 and 8.5 of Article XVI of the California Constitution and its implementing statutes, and the ability of the local control funding formula with a pupil count methodology based on pupil enrollment to fund existing and ongoing public education obligations. (b) The report required by subdivision (a) shall include input from relevant stakeholders, as determined by the Legislative Analyst’s Office. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2025, Ch. 67, Sec. 48. (AB 1170) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.03. Source version: id_7673d1bd-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Commencing with the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall calculate a base entitlement for the transition to the local control funding formula for each school district and charter school equal to the sum of the amounts computed pursuant to paragraphs (1) to (4), inclusive. The amounts computed pursuant to paragraphs (1) to (4), inclusive, shall be continuously appropriated pursuant to Section 14002. (1) The current fiscal year base entitlement funding level shall be the sum of all of the following: (A) For school districts, revenue limits in the 2012–13 fiscal year as computed pursuant to Article 2 (commencing with Section 42238), as that article read on January 1, 2013, divided by the 2012–13 average daily attendance of the school district computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the school district computed pursuant to Section 42238.05. A school district’s 2012–13 fiscal year revenue limit funding shall exclude amounts computed pursuant to Article 4 (commencing with Section 42280). For purposes of this subparagraph, 2012–13 fiscal year average daily attendance and 2012–13 fiscal year revenue limits shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) (i) For charter schools, general purpose funding in the 2012–13 fiscal year as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, and the amount of in-lieu property tax provided to the charter school pursuant to Section 47635, as that section read on June 30, 2013, divided by the 2012–13 average daily attendance of the charter school computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the charter school computed pursuant to Section 42238.05. For purposes of this subparagraph, 2012–13 fiscal year average daily attendance and 2012–13 fiscal year general purpose funding, as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (ii) The amount computed pursuant to clause (i) shall exclude funds received by a charter school pursuant to Section 47634.1, as that section read on January 1, 2013. (C) The amount computed pursuant to subparagraph (A) shall exclude funds received pursuant to Section 47633, as that section read on January 1, 2013. (D) For school districts, funding for qualifying necessary small high schools and necessary small elementary schools shall be adjusted to reflect the funding levels that correspond to the 2012–13 necessary small high school and necessary small elementary school allowances pursuant to Article 4 (commencing with Section 42280) and former Section 42238.146, as those provisions read on January 1, 2013. (2) (A) Entitlements from items contained in Section 2.00, as adjusted pursuant to Section 12.42, of the Budget Act of 2012 for Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to former Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4, as it read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915. The entitlement for basic aid school districts shall include the reduction of 8.92 percent as applied pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 89 of Chapter 38 of the Statutes of 2012. For purposes of this subparagraph, 2012–13 fiscal year entitlements shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) Commencing with the 2014–15 fiscal year, the entitlements identified in subparagraph (A) shall be adjusted to reflect the exclusion of one-time redevelopment agency liquid asset recovery revenue, pursuant to Section 34179.5 and following, of the Health and Safety Code, before the application of the 8.92-percent reduction applied pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012. (3) The allocations pursuant to Sections 42606 and 47634.1, as those sections read on January 1, 2013, divided by the 2012–13 average daily attendance of the charter school computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the charter school computed pursuant to Section 42238.05. (4) The amount allocated to a school district or charter school pursuant to paragraph (3) of subdivision (b) for the fiscal years before the current fiscal year divided by the average daily attendance of the school district or charter school for the fiscal years before the current fiscal year computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the school district or charter school computed pursuant to Section 42238.05. For purposes of this paragraph, the amount allocated pursuant to paragraph (3) of subdivision (b) for the fiscal years before the current fiscal year, and the average daily attendance of the school district or charter school for the fiscal years before the current fiscal year, as computed pursuant to Section 42238.05, shall be considered final as of the third recertification of the annual apportionment. (5) (A) For the 2013–14 and 2014–15 fiscal years only, a school district that, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2), received funds on behalf of, or provided funds to, a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to secondary pupils shall not redirect that funding for another purpose unless otherwise authorized in law or pursuant to an agreement between the regional occupational center or program joint powers agency and the contracting school district. (B) For the 2013–14 and 2014–15 fiscal years only, if a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive, received, in the 2012–13 fiscal year, an apportionment of funds directly from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the regional occupational center or program joint powers agency. (6) (A) (i) For the 2013–14 and 2014–15 fiscal years only, a school district that, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2), received funds on behalf of, or provided funds to, a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation shall not redirect that funding for another purpose unless otherwise authorized in law or pursuant to an agreement between the home-to-school transportation joint powers agency and the contracting school district. (ii) For the 2013–14 and 2014–15 fiscal years only, if a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation received, in the 2012–13 fiscal year, an apportionment of funds directly from the Superintendent from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the home-to-school transportation joint powers agency. (iii) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent from any of the funding sources specified in subparagraph (A) of paragraph (2) of subdivision (a) for the 2012–13 fiscal year, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall add the reassigned amounts to the amounts calculated pursuant to subparagraph (A) of paragraph (2) of subdivision (a). (B) In addition to subparagraph (A), of the funds a school district receives for home-to-school transportation programs the school district shall expend, pursuant to former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5, former Article 10 (commencing with Section 41850) of Chapter 5, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290), as those articles read on January 1, 2013, no less for those programs than the amount of funds the school district expended for home-to-school transportation in the 2012–13 fiscal year. (7) For the 2013–14 and 2014–15 fiscal years only, of the funds a school district receives for purposes of regional occupational centers or programs, or adult education, the school district shall expend no less than the amount of funds the school district expended for purposes of regional occupational centers or programs, or adult education, respectively, in the 2012–13 fiscal year. For purposes of this paragraph, a school district may include expenditures made by its county office of education within the school district for purposes of regional occupational centers or programs so long as the total amount of expenditures by the school district and the county office of education equal or exceed the total amount required to be expended for purposes of regional occupational centers or programs pursuant to this paragraph and paragraph (3) of subdivision (k) of Section 2575. (8) For the 2013–14 and 2014–15 fiscal years only, and for purposes of ensuring the continuity of essential induction and training services for beginning teachers, the Alameda County Superintendent of Schools shall withhold five hundred eighty-one thousand five hundred forty dollars ($581,540) from the local control funding formula apportionments of the Newark Unified School District, and from those withheld funds shall allocate the following amounts to the following entities: (A) One hundred forty-seven thousand nine hundred twenty dollars ($147,920) to the Alameda Unified School District. (B) One hundred four thousand dollars ($104,000) to the San Leandro Unified School District. (C) One hundred sixty-four thousand six hundred twenty dollars ($164,620) to the Berkeley Unified School District. (D) One hundred sixty-five thousand dollars ($165,000) to the San Lorenzo Unified School District. (b) Compute an annual local control funding formula transition adjustment for each school district and charter school as follows: (1) Subtract the amount computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) from the amount computed for each school district or charter school under the local control funding formula entitlements computed pursuant to Section 42238.02. School districts and charter schools with a negative difference shall be deemed to have a zero difference. (2) Each school district’s and charter school’s total need, as calculated pursuant to paragraph (1), shall be divided by the sum of all school districts’ and charter schools’ total need to determine the school district’s or charter school’s respective proportions of total need. (3) (A) Each school district’s and charter school’s proportion of total need shall be multiplied by any available appropriations specifically made for purposes of this subdivision, and added to the school district’s or charter school’s funding amounts as calculated pursuant to subdivision (a). (B) For purposes of subparagraph (A), the proportion of total need that is funded from any available appropriations specifically made for purposes of this subdivision for a fiscal year shall be considered fixed as of the second principal apportionment for that fiscal year. Adjustments to a school district’s or charter school’s total need, as computed pursuant to paragraph (1), subsequent to the second principal apportionment for a fiscal year, shall be funded based on the fixed proportion of total need that is funded for that fiscal year pursuant to this subdivision and shall be continuously appropriated pursuant to Section 14002. (4) If the total amount of funds appropriated for purposes of paragraph (3) pursuant to this subdivision are sufficient to fully fund any positive amounts computed pursuant to paragraph (1), the local control funding formula grant computed pursuant to subdivision (c) of Section 42238.02 shall be adjusted to ensure that any available appropriation authority is expended for purposes of the local control funding formula. (c) The Superintendent shall subtract from the amounts computed pursuant to subdivisions (a) and (b) the sum of the following: (1) (A) For school districts, the property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (B) For charter schools, the in-lieu property tax amount provided to a charter school pursuant to Section 47635. (2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code. (3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. (4) Prior years’ taxes and taxes on the unsecured roll. (5) Fifty percent of the amount received pursuant to Section 41603. (6) The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), less any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, reconstruction, or remodeling, or deferred maintenance and that is not an amount received pursuant to Section 33492.15, or paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities. (7) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code. (8) Revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (d) A school district or charter school that has a zero difference pursuant to paragraph (1) of subdivision (b) in the prior fiscal year shall receive an entitlement equal to the amount calculated pursuant to Section 42238.02 in the current fiscal year and future fiscal years. (e) Notwithstanding paragraph (2) of subdivision (g), or the computations pursuant to subdivisions (b) to (d), inclusive, and Section 42238.02, commencing with the 2013–14 fiscal year, a school district or charter school shall receive state-aid funding of no less than the sum of the amounts computed pursuant to paragraphs (1) to (3), inclusive. (1) (A) For school districts, revenue limits in the 2012–13 fiscal year as computed pursuant to Article 2 (commencing with Section 42238), as that article read on January 1, 2013, divided by the 2012–13 average daily attendance of the school district computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the school district computed pursuant to Section 42238.05. A school district’s 2012–13 revenue limit funding shall exclude amounts computed pursuant to Article 4 (commencing with Section 42280). For purposes of this subparagraph, 2012–13 fiscal year average daily attendance and 2012–13 fiscal year revenue limits shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) (i) For charter schools, general purpose funding in the 2012–13 fiscal year as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, and the amount of in-lieu property tax provided to the charter school in the 2012–13 fiscal year pursuant to Section 47635, as that section read on January 1, 2013, divided by the 2012–13 average daily attendance of the charter school computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the charter school computed pursuant to Section 42238.05. For purposes of this subparagraph, 2012–13 fiscal year average daily attendance and 2012–13 fiscal year general purpose funding, as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (ii) The amount computed pursuant to clause (i) shall exclude funds received by a charter school pursuant to Section 47634.1, as that section read on January 1, 2013. (C) The amount computed pursuant to subparagraph (A) shall exclude funds received pursuant to Section 47633, as that section read on January 1, 2013. (D) For school districts, the 2012–13 funding allowance provided for qualifying necessary small high schools and necessary small elementary schools pursuant to Article 4 (commencing with Section 42280) and Section 42238.146, as those provisions read on January 1, 2013. (E) The amount computed pursuant to subparagraphs (A) to (D), inclusive, shall be reduced by the sum of the amount computed pursuant to paragraphs (1) to (8), inclusive, of subdivision (c). (2) (A) Entitlements from items contained in Section 2.00, as adjusted pursuant to Section 12.42, of the Budget Act of 2012 for Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to former Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4, as it read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915. The entitlement for basic aid school districts shall include the reduction of 8.92 percent as applied pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 89 of Chapter 38 of the Statutes of 2012. For purposes of this subparagraph, 2012–13 fiscal year entitlements shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) Commencing with the 2014–15 fiscal year, the entitlements identified in subparagraph (A) shall be adjusted to reflect the exclusion of one-time redevelopment agency liquid asset recovery revenue, pursuant to Section 34179.5 and following, of the Health and Safety Code, before the application of the 8.92-percent reduction applied pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012. (C) The Superintendent shall annually apportion any entitlement provided to the state special schools from the items specified in subparagraph (A) to the state special schools in the same amount as the state special schools received from those items in the 2012–13 fiscal year. (D) Commencing with the 2015–16 fiscal year, any portion of funding transferred to a school district or charter school by a joint powers agency pursuant to clause (iii) of subparagraph (A) of paragraph (6) of subdivision (a) shall be deemed to be included in the entitlements specified in subparagraph (A) for the school district or charter school. (3) The allocations pursuant to Sections 42606 and 47634.1, as those sections read on January 1, 2013, divided by the 2012–13 average daily attendance of the charter school. That quotient shall be multiplied by the current fiscal year average daily attendance of the charter school. (4) (A) For purposes of this subdivision, funding for a restructured charter school shall be calculated as follows: (i) Funding for a transferred charter school that meets the requirements of Section 47653 shall be calculated by doing both of the following: (I) For purposes of paragraphs (1) and (3), using the quotient calculated for the original charter school. (II) For purposes of paragraph (2), using the same amount of entitlement funding calculated for the charter school before the restructuring. (ii) (I) Funding for an acquiring charter school that meets the requirements of Section 47653 shall be calculated by doing both of the following: (ia) For purposes of paragraphs (1) and (3), using the median quotient calculated for the original charter schools. (ib) For purposes of paragraph (2), using the same amount of entitlement funding calculated for each original charter school before the restructuring. (II) This clause shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (iii) Funding for a divided charter school that meets the requirements of Section 47653 shall be calculated by doing the following: (I) For purposes of paragraphs (1) and (3), using the quotients calculated for the original charter school for both the restructured portions of a divided charter school and the remaining portion of a divided charter school. (II) For purposes of paragraph (2), dividing the amount between the restructured portions of a divided charter school and the remaining portion of a divided charter school based on each charter school’s share of the combined average daily attendance of the original charter school computed pursuant to Section 42238.05 as of the second principal apportionment in the fiscal year immediately before the first fiscal year of instruction as a restructured charter school. Data regarding average daily attendance shall be provided by the charter school in a format prescribed by the Superintendent. The total average daily attendance attributable to the restructured and remaining portions of a divided charter school shall not exceed the total average daily attendance of the original charter school for the applicable fiscal year. The amounts shall be final as of the second principal apportionment for the first fiscal year of instruction as a restructured charter school and each fiscal year thereafter. (B) The definitions in Section 47654 apply for purposes of this paragraph. (f) (1) For purposes of this section, commencing with the 2013–14 fiscal year and until all school districts and charter schools equal or exceed their local control funding formula target computed pursuant to Section 42238.02, as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b), a newly operational charter school shall be determined to have a prior year funding amount per unit of average daily attendance equal to the lesser of: (A) The prior year funding amount per unit of average daily attendance for the school district in which the charter school is physically located. The Superintendent shall calculate the funding amount per unit of average daily attendance for this purpose by dividing the total local control funding formula entitlement, calculated pursuant to subdivisions (a) and (b), received by that school district in the prior year by prior year funded average daily attendance of that school district. For purposes of this subparagraph, a charter school that is physically located in more than one school district shall use the calculated local control funding entitlement per unit of average daily attendance of the school district with the highest prior year funding amount per unit of average daily attendance. For purposes of this subparagraph, the prior year funding amount per unit of average daily attendance for the school district in which the charter school is physically located shall be considered final as of the second principal apportionment of the prior fiscal year. (B) The charter school’s local control funding formula rate computed pursuant to subdivisions (c) to (i), inclusive, of Section 42238.02. (2) For charter schools funded pursuant to paragraph (1), the charter school shall be eligible to receive growth funding pursuant to subdivision (b) toward meeting the newly operational charter school’s local control funding formula target. (3) Upon a determination that all school districts and charter schools equal or exceed the local control funding formula target computed pursuant to Section 42238.02, as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) for all school districts and charter schools, this subdivision shall not apply and the charter school shall receive an allocation equal to the amount calculated under Section 42238.02 in that fiscal year and future fiscal years. (4) For purposes of this subdivision, the determination of a charter school’s physical location shall be considered final as of the second principal apportionment for the applicable fiscal year. (g) (1) In each fiscal year the Superintendent shall determine the percentage of school districts that are apportioned funding pursuant to this section that is less than the amount computed pursuant to Section 42238.02 as of the second principal apportionments of the fiscal year. If the percentage is less than 10 percent, the Superintendent shall apportion funding to school districts and charter schools equal to the amount computed pursuant to Section 42238.02 in that fiscal year. (2) For each fiscal year thereafter, the Superintendent shall apportion funding to a school district and charter school equal to the amount computed pursuant to Section 42238.02. (Amended by Stats. 2023, Ch. 48, Sec. 27. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.04. Source version: id_0f7be49f-e381-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. Notwithstanding any other law, revenue limit funding for school districts and charter school block grant funding for charter schools for the 2012–13 fiscal year and prior fiscal years shall continue to be adjusted pursuant to Article 2 (commencing with Section 42238), and Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as those articles read on January 1, 2013. (Added by Stats. 2013, Ch. 47, Sec. 31. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.05. Source version: id_98d07f39-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) For purposes of Sections 42238.02, 42238.025, and 42238.03, the fiscal year average daily attendance for a school district shall be computed pursuant to paragraphs (1) to (3), inclusive, as applicable. (1) The second principal apportionment regular average daily attendance for the current fiscal year, or the prior fiscal year if the prior fiscal year total is greater, or the average of the three most recent prior fiscal years, if the three-year average total is greater than both the current fiscal year and prior fiscal year, excluding units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280). (2) The units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280). (3) Average daily attendance for any applicable prior fiscal year shall be adjusted for any loss or gain of average daily attendance due to a reorganization or transfer of territory. (b) For purposes of this article, regular average daily attendance shall be the base grant average daily attendance. (c) For purposes of this section, the Superintendent shall distribute total ungraded enrollment and average daily attendance among kindergarten and each of grades 1 to 12, inclusive, in proportion to the amounts of graded enrollment and average daily attendance, respectively, in each of these grades. (d) Subdivisions (a) to (c), inclusive, shall only apply to average daily attendance generated by school districts and shall not apply to average daily attendance generated by charter schools. (e) A pupil shall not be counted more than once for purposes of calculating average daily attendance pursuant to this section. (f) For purposes of Sections 42238.02, 42238.025, and 42238.03, average daily attendance for a charter school shall be the total current year average daily attendance in the corresponding grade level ranges for the charter school. (g) For purposes of computing the average of the three most recent prior fiscal years for a school district pursuant to this section, the Superintendent shall adjust a school district’s average daily attendance applicable to the 2021–22 fiscal year by the amount computed pursuant to paragraph (3) of subdivision (a) of Section 42238.023. (Amended by Stats. 2024, Ch. 38, Sec. 21. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.051. Source version: id_96db89c2-fed2-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) For purposes of paragraph (1) of subdivision (a) of Section 42238.05, a sponsoring school district’s average daily attendance shall be computed as follows: (1) Compute the sponsoring school district’s regular average daily attendance in the current fiscal year, excluding the attendance of pupils in charter schools. (2) (A) Compute the regular average daily attendance used to calculate the second principal apportionment of the school district for the three most recent prior fiscal years, excluding the attendance of pupils in charter schools. (B) For the purpose of computing attendance for the three most recent prior fiscal years pursuant to subparagraph (A), the following adjustments shall be made: (i) For a pupil attending a noncharter school of the school district between July 1, and the last day of the second attendance period, inclusive, in the current, prior, or second prior fiscal year, who attended a charter school sponsored by the school district in the respective prior fiscal year, the amount of second period attendance generated by that pupil at the charter school shall increase the sponsoring school district’s attendance for the respective prior fiscal year. (ii) For a pupil attending a charter school between July 1, and the last day of the second attendance period, inclusive, in the current, prior, or second prior fiscal year, who attended a noncharter school of the sponsoring school district in the respective prior fiscal year, the amount of second period attendance generated by that pupil at the noncharter school of the school district shall decrease the sponsoring school district’s attendance for the respective prior fiscal year. (iii) For purposes of clauses (i) and (ii), a pupil enrolled in a grade at a charter school sponsored by the school district shall not be counted if the school district does not offer classes for pupils enrolled in that grade for the respective prior fiscal year. (iv) In each fiscal year, school districts shall report to the Superintendent the total prior year increase or decrease in second period attendance pursuant to clauses (i) and (ii) at the first and second principal apportionments. (v) For the 2022–23 fiscal year, an adjustment shall not be made to attendance in the second and third prior fiscal years. (vi) For the 2023–24 fiscal year, an adjustment shall not be made to attendance in the third prior fiscal year. (vii) Notwithstanding clauses (v) and (vi), if in any fiscal year the adjustments described in clauses (i) and (ii) result in a 50 percent or greater reduction of the school district’s second period attendance for the prior or second prior fiscal year, the school district’s average second period attendance for the three most recent prior fiscal years shall be zero. (b) For purposes of this section, a “sponsoring school district” shall mean a “sponsoring local educational agency,” as defined in Section 47632, as that section read on January 1, 2013. (Amended by Stats. 2022, Ch. 52, Sec. 42. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.055. Source version: id_5277cb8e-fe2e-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Sections 42238.051 and 42238.052 do not apply to resident pupils in charter schools operating under the districtwide charter of a school district that has converted all of its schools to charter status pursuant to Section 47606. (b) For purposes of this section, “resident pupils” means pupils who reside in, and are otherwise eligible to attend, a school in the specified school district. (Added by Stats. 2014, Ch. 33, Sec. 24. (SB 859) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.06. Source version: id_28419939-e381-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. Commencing on July 1, 2013, except for Sections 42238, 42238.1, 42238.2, and 42238.5, or where the context requires otherwise, all of the following shall apply: (a) References to “revenue limit” shall instead refer to the “local control funding formula.” (b) References to “the revenue limit calculated pursuant to Section 42238” shall instead refer to “the local control funding formula calculated pursuant to Section 42238.02, as implemented by Section 42238.03.” (c) References to “Section 42238” shall instead refer to “Section 42238.02, as implemented pursuant to Section 42238.03.” (d) References to “Section 42238.1” shall instead refer to “Section 42238.02.” (e) References to “Section 42238.5” shall instead refer to “Section 42238.05.” (f) References to “general-purpose entitlement” shall instead refer to “local control funding formula grant funding pursuant to Section 42238.02, as implemented by Section 42238.03.” (Added by Stats. 2013, Ch. 47, Sec. 36. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.07. Source version: id_0b060131-e4ad-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) On or before January 31, 2014, the state board shall adopt regulations that govern the expenditure of funds apportioned on the basis of the number and concentration of unduplicated pupils pursuant to Sections 2574, 2575, 42238.02, and 42238.03. The regulations shall include, but are not limited to, provisions that do all of the following: (1) Require a school district, county office of education, or charter school to increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils in the school district, county office of education, or charter school. (2) Authorize a school district, county office of education, or charter school to use funds apportioned on the basis of the number of unduplicated pupils for schoolwide purposes, or, for school districts, districtwide purposes, for county offices of education, countywide purposes, or for charter schools, charterwide purposes, in a manner that is no more restrictive than the restrictions provided for in Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301, et seq.). (b) The state board may adopt emergency regulations for purposes of this section. (c) Commencing with the local control and accountability plan and the annual update to the local control and accountability adopted on or before July 1, 2022, each school district, county office of education, and charter school shall do both of the following: (1) Annually calculate the total difference between the total budgeted expenditures on planned actions reported in the local control and accountability plan pursuant to paragraph (4) of subdivision (b) of Section 52064 and the total estimated actual expenditures for those actions reported in the local control and accountability plan pursuant to paragraph (7) of subdivision (b) of Section 52064. (2) If the total budgeted expenditures on planned actions reported in the local control and accountability plan pursuant to paragraph (4) of subdivision (b) of Section 52064 is less than the estimate described in paragraph (5) of subdivision (b) of Section 52064, annually determine the total percentage point difference, if any, between the total planned quality improvements based on the planned specific actions reported in the local control and accountability plan pursuant to subparagraph (B) of paragraph (4) of subdivision (b) of Section 52064 and the total actual quality improvements for those actions reported in the local control and accountability plan pursuant to paragraph (7) of subdivision (b) of Section 52064. (d) If the total estimated actual expenditures and the total actual quality improvements described in paragraphs (1) and (2) of subdivision (c) are less than the total budgeted expenditures and the total planned quality improvements described in paragraphs (1) and (2) of subdivision (c), and together these efforts are less than the total increase or improvement in services required by paragraph (1) of subdivision (a), all of the following requirements shall apply: (1) The difference shall be expressed as an unused portion of the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils in the school district, county office of education, or charter school set forth in paragraph (1) of subdivision (a). (2) The funds herein shall be expended only to implement specific actions that satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to the regulations adopted by the state board pursuant to subdivision (a). (3) The local educational agency shall report the planned uses of the funds in its local control and accountability plan pursuant to Section 52064. (e) The requirements in subdivision (d) are independent and additional to the requirement to increase or improve services for the ensuing fiscal year established in regulations adopted by the state board pursuant to subdivision (a). (Amended by Stats. 2021, Ch. 44, Sec. 29. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.1. Source version: id_eb89c4be-8163-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) For the 1986–87 fiscal year and each fiscal year up to and including the 1998–99 fiscal year, the Superintendent shall compute an inflation adjustment equal to the product of paragraphs (1) and (2): (1) Compute the sum of the following: (A) The statewide average base revenue limit per unit of average daily attendance for the prior fiscal year for school districts of similar type. (B) The amount, if any, per unit of average daily attendance received by the school district pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26 for the prior fiscal year. (2) The percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 1 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 1 of the second preceding fiscal year, as reported by the Department of Finance. (b) For the 1999–2000 fiscal year and each fiscal year thereafter, the Superintendent shall compute an inflation adjustment equal to the product of paragraphs (1) and (2): (1) Compute the sum of the following: (A) The statewide average base revenue limit per unit of average daily attendance for the prior fiscal year for school districts of similar type. (B) The amount, if any, per unit of average daily attendance received by the school district pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26 for the prior fiscal year. (2) The percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as report by the Department of Finance. (c) This section shall become operative July 1, 1986. (d) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (e) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 35. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.2. Source version: id_00bdc710-8164-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) (1) Notwithstanding Section 42238.5 or any other law, a school district that meets any of the following conditions shall be entitled to an adjustment to its units of average daily attendance pursuant to this section: (A) The school district experiences a decline in the number of units of average daily attendance in excess of 8 percent of its total average daily attendance as a result of the closure of a facility operated by a branch of the United States Armed Forces in the school district’s boundaries. (B) The school district experiences a decline in the number of units of average daily attendance that is less than 8 percent but at least 5 percent of its total average daily attendance as a result of the closure of a facility operated by a branch of the United States Armed Forces in that school district’s boundaries, upon a finding by both the Superintendent and the Director of Finance that both of the following conditions exist: (i) The school district demonstrates that at the end of a three-year period the school district will experience a 10-percent reduction in the amount of funding that the school district would otherwise have received from state apportionments, funding received pursuant to the California State Lottery Act of 1984 (Chapter 12.5 (commencing with Section 8880) of Division 1 of Title 2 of the Government Code), and funding received pursuant to federal Title VIII of Public Law 103-382, as a result of the loss of pupils related to the closure of a facility operated by a branch of the United States Armed Forces. (ii) The fiscal crisis and management assistance team established pursuant to Section 42127.8 has reviewed the school district’s finances and has found that the school district has taken significant steps to reduce expenditure. (C) The school district experiences a decline in the number of units of average daily attendance in excess of 5 percent of its total average daily attendance and the Director of Finance determines that the school district is likely, within eight years of that decline, to maintain a number of units of average daily attendance that is equivalent to the number of units of average daily attendance maintained by the school district before the decline. Notwithstanding subdivision (b), loan repayments shall commence no later than the fourth year after the base year or at a later time, as determined by the Director of Finance. (2) For purposes of this section, the year preceding a decline shall be the base year. (b) In the second year after the base year, the district average daily attendance pursuant to Section 42238.5 may, if the school district chooses, be increased by 75 percent of the difference between the base year units of average daily attendance and the units of average daily attendance in the first year of decline. In the third year after the base year, the school district average daily attendance pursuant to Section 42238.5 may, if the school district chooses, be increased by 50 percent of the difference between the base year units of average daily attendance and the units of average daily attendance in the first year of decline. The amount of money represented by these increases shall be considered a loan to the school district. Loan repayments shall commence no later than the fourth year after the base year. (c) (1) The Superintendent, in consultation with a school district subject to this section, shall determine a schedule for repayment of the total amount loaned pursuant to this section that may not exceed 10 years. Payments shall include interest charged at a rate based on the most current investment rate of the Pooled Money Investment Account in the General Fund as of the date of the disbursement of funds to the school district. (2) Upon written notification by the Superintendent that the school district has not made one or more of the payments required by the schedule established pursuant to paragraph (1), the Controller shall withhold from Section A of the State School Fund the defaulted payment that shall not exceed the amount of any apportionment entitlement of the school district to moneys in Section A of the State School Fund. In that regard, the Controller shall withhold the amount of any payment made under this subdivision, including reimbursement of the Controller’s administrative costs as determined under a schedule approved by the California Debt Advisory Commission, from subsequent apportionments to the school district from Section A of the State School Fund. (3) Any apportionments made by the Controller pursuant to paragraph (2) shall be deemed to be an allocation to the school district for purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution, and for purposes of Chapter 2 (commencing with Section 41200) of Part 24. (d) In no event shall the adjustment provided by this section cause the apportionment to a school district to exceed the amount that would otherwise be calculated for apportionment to the school district pursuant to Sections 42238 and 42238.1. (e) This section does not apply to a school district that experiences a decline in enrollment as a result of a school district reorganization pursuant to Chapter 3 (commencing with Section 35500) of Part 21 or any other law. (f) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (g) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 36. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.3. Source version: id_d3efdc34-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) For each year during the loan repayment period provided for in Section 42238.2, any district utilizing the adjustment pursuant to Section 42238.2 may adjust its revenue limit computed pursuant to Section 42238 to the statewide average revenue limit per unit of average daily attendance for its size and type of district in proportion to the percentage of the loan that the school district has repaid up to and including the year in which the revenue limit adjustment is made. (b) This section does not apply to a school district that experiences a decline in enrollment as a result of a school district reorganization pursuant to Chapter 3 (commencing with Section 35500) of Part 21 or any other law. (Amended by Stats. 1994, Ch. 404, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.5. Source version: id_2cf64125-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) For purposes of Section 42238, the fiscal year average daily attendance shall be computed pursuant to paragraph (1) or (2). (1) The second principal apportionment regular average daily attendance for either the current or prior fiscal year, whichever is greater. However, prior fiscal year average daily attendance shall be adjusted for any loss or gain of average daily attendance due to a reorganization or transfer of territory. (2) Any school district that elects to receive funding pursuant to Article 4 (commencing with Section 42280) shall compute its units of average daily attendance for purposes of Section 42238 by subtracting the amount determined in subparagraph (B) from the amount determined in subparagraph (A). (A) The units of average daily attendance computed pursuant to paragraph (1). (B) The units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280). (b) For purposes of this article, regular average daily attendance shall be the base revenue limit average daily attendance, excluding summer school average daily attendance. (c) For purposes of this section, for the 1998–99 fiscal year only, the prior year average daily attendance shall be the 1997–98 regular average daily attendance, excluding absences excused pursuant to subdivision (b) of Section 46010, as that subdivision read on July 1, 1996. (d) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (e) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed. (Amended by Stats. 2023, Ch. 131, Sec. 32. (AB 1754) Effective January 1, 2024. Inoperative July 1, 2033, by its own provisions. Repealed as of January 1, 2034, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.51. Source version: id_8de668d1-c10f-11dc-af68-a426a58d9b11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) For purposes of paragraph (1) of subdivision (a) of Section 42238.5, a sponsoring school district’s average daily attendance shall be computed as follows: (1) Compute the sponsoring school district’s regular average daily attendance in the current year, excluding the attendance of pupils in charter schools. (2) (A) Compute the regular average daily attendance used to calculate the second principal apportionment of the school district for the prior year, excluding the attendance of pupils in charter schools. (B) Compute the attendance of pupils who attended one or more noncharter schools of the school district between July 1, and the last day of the second period, inclusive, in the prior year, and who attended a charter school sponsored by the school district between July 1, and the last day of the second period, inclusive, in the current year. For the purposes of this paragraph, a pupil enrolled in a grade at a charter school sponsored by the school district shall not be counted if the school district does not offer classes for pupils enrolled in that grade. The amount of the attendance counted for any pupil for the purpose of this subparagraph may not be greater than the attendance claimed for that pupil by the charter school in the current year. (C) Compute the attendance of pupils who attended a charter school sponsored by the school district in the prior year and who attended one or more noncharter schools of the school district in the current year. The amount of the attendance counted for any pupil for the purpose of this subparagraph may not be greater than the attendance claimed for that pupil by the school district in the current year. (D) From the amount determined pursuant to subparagraph (B), subtract the amount determined pursuant to subparagraph (C). If the result is less than zero, the amount shall be deemed to be zero. (E) The prior year average daily attendance determined pursuant to subparagraph (A) shall be reduced by the amount determined pursuant to subparagraph (D). (3) To the greater of the amounts computed pursuant to paragraphs (1) and (2), add the regular average daily attendance in the current year of all pupils attending charter schools sponsored by the district that are not funded pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26. (b) For the purposes of this section, a “sponsoring school district” shall mean a “sponsoring local educational agency,” as defined in Section 47632. (c) This section shall become operative on July 1, 2007. (Amended (as added by Stats. 2006, Ch. 653, Sec. 2) by Stats. 2007, Ch. 130, Sec. 68. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.52. Source version: id_d41abce1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Notwithstanding any other provision of law, the prior year average daily attendance for a school district determined pursuant to subdivision (b) of Section 42238.51 shall be increased by the prior year second principal apportionment average daily attendance of district residents only of any school that meets the following description: (1) The school was a district noncharter school in any year prior to the prior year. (2) The school was operated as a district-approved charter school in the prior year. (3) The school is again operated as a district noncharter school in the current year. (b) An adjustment to prior year average daily attendance pursuant to this section may not be made for the attendance of pupils who were not residents of the school district in the prior year. (c) This section applies to the 2000–01 fiscal year and subsequent fiscal years. (Added by renumbering Section 47661.5 by Stats. 2002, Ch. 930, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.6. Source version: id_d41c4385-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) The fiscal year average daily attendance computed under Section 42238.5 shall be increased, for each school district that operates any school that meets the eligibility requirements set forth in subdivision (b), by the number of child days of attendance of pupils enrolled in eligible schools in the district who are currently migratory children, as defined by Section 54441, and who are residing in state-operated migrant housing projects between the second principal apportionment and the end of the regular school year, divided by the number of days school was actually taught in the regular day schools of the district, excluding Saturdays and Sundays. (b) For a school to be eligible for the purposes of this section, the following conditions shall apply: (1) One or more state-operated migrant housing projects are located within the attendance area of the school. (2) The maximum number of pupils enrolled in the school in the relevant fiscal year who are currently migratory children, as calculated under subdivision (a), constitutes not less than one-third of the total pupil enrollment of the school. (c) The Superintendent of Public Instruction shall establish rules and regulations for the implementation of this section. (Added by Stats. 1985, Ch. 845, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.75. Source version: id_d41c4389-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. Notwithstanding any other provision of law: (a) All completed audits, including those on appeal, of school districts, charter schools, and county offices of education funded by Item 8860-025-0001 of Section 2.00 of Chapter 50 of the Statutes of 1999, Item 8860-025-0001 of Section 2.00 of Chapter 52 of the Statutes of 2000, and Item 8860-025-0001 of Section 2.00 of Chapter 106 of the Statutes of 2001, and any findings of those audits, are withdrawn, and no loss of apportionment arising from the findings of those audits shall be realized. (b) All audits funded by Item 8860-025-0001 of Section 2.00 of Chapter 50 of the Statutes of 1999, Item 8860-025-0001 of Section 2.00 of Chapter 52 of the Statutes of 2000, and Item 8860-025-0001 of Section 2.00 of Chapter 106 of the Statutes of 2001, shall be discontinued. (c) The Controller shall notify all school districts, charter schools, and county offices of education that it is no longer necessary to retain records supporting pupil attendance and excused absences used for purposes of calculating average daily attendance during the 1996–97 fiscal year. (Added by Stats. 2002, Ch. 1128, Sec. 13. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.15. Source version: id_5326be26-5755-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Notwithstanding any other law, and in lieu of any inflation or cost-of-living adjustment otherwise authorized for the programs enumerated in subdivision (b), state funding for the programs enumerated in subdivision (b) shall be increased annually by the product of the following: (1) The sum of 1.0 plus the percentage change determined under paragraph (2) of subdivision (d) of Section 42238.02. (2) The sum of 1.0 plus the percentage of increase, from the prior fiscal year to the current fiscal year, in each of the workload factors described in subdivision (b) or, for paragraph (2) of subdivision (b), zero, whichever is greater. (b) The programs for which annual state funding increases are determined under this section, and the factors used to measure workload for each of those programs, are as follows: (1) Special education programs and services, with workload measured by the regular second principal apportionment average daily attendance for kindergarten and grades 1 to 12, inclusive. (2) Childcare and development programs, and preschool programs, with workload measured by the state population of children up to and including four years of age. (c) Notwithstanding any other law, childcare and development programs shall not receive a cost-of-living adjustment in the 2012–13, 2013–14, 2014–15, 2020–21, and 2025–26 fiscal years. (d) Notwithstanding any other law, childcare and development programs shall not receive a cost-of-living adjustment in the 2023–24 and 2024–25 fiscal years, except for resource and referral agencies pursuant to Chapter 2 (commencing with Section 10217) of, and local childcare and development planning councils pursuant to Chapter 31 (commencing with Section 10480) of, Part 1.8 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 2025, Ch. 13, Sec. 3. (SB 120) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.18. Source version: id_d82e4b84-fe2e-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Notwithstanding any other law, only those pupils enrolled in county office of education programs while detained in a juvenile hall, juvenile home, day center, juvenile ranch, juvenile camp, or regional youth educational facility established pursuant to Article 23 (commencing with Section 850), Article 24 (commencing with Section 880), and Article 24.5 (commencing with Section 894) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code shall be counted as juvenile court school pupils. For purposes of apportionments, those pupils in a group home housing 25 or more children placed pursuant to Sections 362, 727, and 730 of the Welfare and Institutions Code or in any group home housing 25 or more children and operating one or more additional sites under a central administration for children placed pursuant to Section 362, 727, or 730 of the Welfare and Institutions Code shall be reported as county group home and institutions pupils to the Superintendent and shall be counted as juvenile court school pupils for purposes of apportionments. (b) Notwithstanding any other law, pupils who are referred by the county probation department under Section 601 or 654 of the Welfare and Institutions Code, shall be enrolled and eligible for apportionments in county community schools only after an individualized review and certification of the appropriateness of enrollment in the county group home and institution’s school or county community school. The individualized review shall include representatives of the court, the county office of education, the county probation department, and either the school district of residence or, in cases in which the pupil resides in a group home or institution, the school district in which the group home or institution is located, and, in each case, the school district representative shall agree to the appropriateness of the proposed placement and pupils so placed shall have a probation officer assigned to their case. (c) Regardless of the operative date of the amendments to this section made during the 1997 portion of the 1997–98 Regular Session, this section, as so amended, shall be implemented as though it had been operative on July 1, 1996. For the purpose of implementing this section for the entire 1996–97 fiscal year, the Superintendent and other public officers shall take all necessary steps to effect the required adjustments and shall have authority to adjust allowance computations, apportionments, and disbursements ordered from Section A of the State School Fund and other public funds. (d) Notwithstanding any other law, on or after July 1, 2013, a county office of education may expend funds previously deposited in the capital outlay reserve established pursuant to former paragraph (4) of subdivision (b) of this section, as this section read on June 30, 2013, for any of the purposes specified in the local control and accountability plan adopted pursuant to Section 52066. (Amended by Stats. 2014, Ch. 33, Sec. 25. (SB 859) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.19. Source version: id_d423e4c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. For federal audit actions that became final by entry of judgment or final administrative decision on or after July 1, 1987, and that require repayment of funds to the federal government by the State Department of Education for federal audit exceptions based on findings in any school district or any other agency receiving federal funds through the department, the amount of the repayments, with interest due the federal government, may be deducted from the apportionment made to those districts or agencies by the Superintendent of Public Instruction. The amount that is repaid to the state under the provisions of Section 459 of the General Education Provisions Act (20 U.S.C. Sec. 1234h) shall be apportioned to the district in accordance with any grant back plan submitted by the district and the department and approved by the United States Department of Education. (Added by Stats. 1993, Ch. 66, Sec. 18. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42238.24. Source version: id_ddd19df0-e3fc-11df-9c0b-aa0133d425a3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. Costs related to the salaries and benefits of teachers incurred by a school district or county office of education to provide the courses specified in paragraph (1) of subdivision (a) of Section 51225.3 shall be offset by the amount of state funding apportioned to the district pursuant to this article, or in the case of a county office of education pursuant to Article 2 (commencing with Section 2550) of Chapter 12 of Part 2 of Division 1 of Title 1, and the amount of state funding received from any of the items listed in Section 42605 that are contained in the annual Budget Act. The proportion of the school district’s current expense of education that is required to be expended for payment of the salaries of classroom teachers pursuant to Section 41372 shall first be allocated to fund the teacher salary costs incurred to provide the courses required by the state. (Added by Stats. 2010, Ch. 724, Sec. 16. (AB 1610) Effective October 19, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42242. Source version: id_d42e9339-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. The Superintendent of Public Instruction shall determine at the time of each apportionment the proposed receipts and expenditures of funds under the provisions of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). In the event that the proposed distribution of funds results in funds not being expended, those funds are hereby reappropriated for reallocation for local entitlements for special education. This section shall become operative July 1, 1984. (Amended by Stats. 1993, Ch. 1296, Sec. 8.7. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42250.1. Source version: id_d43019e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) From funds appropriated by the Legislature for this purpose for any fiscal year, the State Allocation Board shall allocate to school districts selected by the board pursuant to this section, funding for the expenses of air-conditioning equipment and insulation materials, and for the costs of installing the equipment and materials, for schools operating in the current fiscal year or planning to operate in the second subsequent fiscal year on a year-round or continuous basis pursuant to Chapter 3 (commencing with Section 37400), Chapter 4 (commencing with Section 37500), or Chapter 5 (commencing with Section 37600) of Part 22. (b) The board shall allocate the funds appropriated under subdivision (a) only to those school districts in which a high percentage of the pupils, or a significant number of the pupils, are enrolled in the current fiscal year or will be enrolled in the second subsequent fiscal year in year round or continuous schools as described in subdivision (a). The board shall grant preference in the allocation of those funds to those year round or continuous schools that are both situated in climates that require air-conditioning and insulation during June, July, and August, and have a high percentage of overcrowding of pupils. In addition, all schools participating in the demonstration program provided pursuant to Chapter 2.5 (commencing with Section 37300) of Part 22 and satisfying the criteria set forth in this subdivision shall be eligible to receive, and given priority for, the maximum allocation of funds under this section. (c) Whenever a school district has received an allocation pursuant to this section for a school that was scheduled to begin operating year round in the second subsequent fiscal year but that did not begin operating year round in that fiscal year, the school district shall repay the amount allocated with interest to the State School Building Fund. (d) A school district may elect to apply for funding under this section on a basis that groups two or more qualifying schools in the district. A school district that elects to apply for funding pursuant to this subdivision shall identify the cost for each school in that application. The total of those costs shall be the maximum amount apportioned by the state for those schools contained in that single application and that amount shall be no more than the amount that would have been apportioned to each school if each school had submitted an application individually. (e) Funds allocated to any school district under this section may be expended only to pay the actual allowable expenses of air-conditioning equipment and insulation materials, and of the installation of air-conditioning equipment and insulation materials, at the project sites that generated the funding eligibility. (Amended by Stats. 1995, Ch. 553, Sec. 1. Effective October 4, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42251. Source version: id_f8012f3a-47eb-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) The Superintendent shall make the following calculations for the 2011–12 fiscal year: (1) Determine the amount of funds that will be restricted after the Superintendent makes the deduction pursuant to Section 52335.3 for each county office of education pursuant to subdivision (e) of Section 2558 as of June 30, 2012. (2) Divide fifty million dollars ($50,000,000) by the statewide sum of the amounts determined pursuant to paragraph (1). If the fraction is greater than one it shall be deemed to be one. (3) Multiply the fraction determined pursuant to paragraph (2) by the amount determined pursuant to paragraph (1) for each county office of education. (b) The auditor-controller of each county shall distribute the amounts determined in paragraph (3) of subdivision (a) to the Supplemental Revenue Augmentation Fund created within the county pursuant to Section 100.06 of the Revenue and Taxation Code. The aggregate amount of transfers required by this subdivision shall be made in two equal shares, with the first share being transferred no later than January 15, 2012, and the second share being transferred after that date but no later than May 1, 2012. (c) The moneys transferred to the Supplemental Revenue Augmentation Fund in the 2011–12 fiscal year shall be transferred by the county office of education to the Controller, in amounts and for those purposes as directed by the Director of Finance, exclusively to reimburse the state for the costs of providing trial court services and costs until those moneys are exhausted. (Amended by Stats. 2012, Ch. 162, Sec. 31. (SB 1171) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 2. Apportionments and Revenue Control [42238 - 42252] SECTION 42252. Source version: id_eaee6d02-819c-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=2. (a) Pursuant to Sections 21 and Section 22 of Article XVI of the California Constitution, the following amounts are hereby appropriated from the Public School System Stabilization Account for the support of school districts: (1) For the 2023-24 fiscal year, five billion two hundred eighty-four million two hundred forty-eight thousand dollars ($5,284,248,000) to the Superintendent for allocation for the local control funding formula pursuant to Sections 42238.02 and 42238.03. (2) Thirty-three million eight hundred twenty-one thousand dollars ($33,821,000) for California Student Assessment System contract costs to be expended consistent with the requirements specified in Item 6100-113-0001 of Section 2.00 of the Budget Act of 2022 (Chs. 43, 45, and 249, Stats. 2022). (3) Twenty-one million two hundred thirty-four thousand dollars ($21,234,000) for the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1) to be expended consistent with the requirements specified in Item 6100-149-0001 of Section 2.00 of the Budget Act of 2022. (4) Forty-seven million nine hundred forty-one thousand dollars ($47,941,000) for Special Education Programs for Individuals with Exceptional Needs to be expended consistent with the requirements specified in Item 6100-161-0001 of Section 2.00 of the Budget Act of 2022. (5) Nine million seven hundred thousand dollars ($9,700,000) for the California Partnership Academies Program (Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4) to be expended consistent with the requirements specified in Item 6100-166-0001 of Section 2.00 of the Budget Act of 2022. (6) One million nine hundred three thousand dollars ($1,903,000) for the Agricultural Career Technical Education Incentive Grant Program (Article 7.5 (commencing with Section 52460) of Chapter 9 of Part 28 of Division 4) to be expended consistent with the requirements specified in Item 6100-167-0001 of Section 2.00 of the Budget Act of 2022. (7) Eleven million two hundred nineteen thousand dollars ($11,219,000) for the California Career Technical Education Incentive Grant Program (Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4) to be expended consistent with the requirements specified in Item 6100-168-0001 of Section 2.00 of the Budget Act of 2022. (8) Six million forty-six thousand dollars ($6,046,000) for the Career Technical Education Initiative to be expended consistent with the requirements specified in Item 6100-170-0001 of Section 2.00 of the Budget Act of 2022. (9) Six hundred thirty-four million one hundred nine thousand dollars ($634,109,000) for the California State Preschool Program to be expended consistent with the requirements specified in Item 6100-196-0001 of Section 2.00 of the Budget Act of 2022. (10) Two hundred three million six hundred twenty thousand dollars ($203,620,000) for Child Nutrition Programs to be expended consistent with the requirements specified in Item 6100-203-0001 of Section 2.00 of the Budget Act of 2022. (11) Ninety million dollars ($90,000,000) for the Classified School Employee Summer Assistance Program pursuant to Section 45500 to be expended consistent with the requirements specified in Item 6100-220-0001 of Section 2.00 of the Budget Act of 2022. (12) One hundred forty-nine million forty thousand dollars ($149,040,000) for the Arts, Music, and Instructional Materials Discretionary Block Grant to be expended consistent with the requirements specified in Section 134 of Chapter 52 of the Statutes of 2022. (13) One billion one hundred thirty-two million five hundred fifty-four thousand dollars ($1,132,554,000) for the California Community Schools Partnership Program to be expended consistent with the requirements specified in Section 8902, as amended by Section 9 of Chapter 52 of the Statutes of 2022. (b) (1) Notwithstanding any other law, the following amounts from the following Controller reference items, which would otherwise be in satisfaction of subdivision (b) of Section 8 of Article XVI of the California Constitution for the 2022–23 fiscal year, that were unallocated, unexpended, or not liquidated as of June 30, 2023, shall be deferred to the 2023–24 fiscal year: (1) 6100-113-0001 ........................ $33,821,000 (2) 6100-149-0001 ........................ $21,234,000 (3) 6100-161-0001 ........................ $47,941,000 (4) 6100-166-0001 ........................ $9,700,000 (5) 6100-167-0001 ........................ $1,903,000 (6) 6100-168-0001 ........................ $11,219,000 (7) 6100-170-0001 ........................ $6,046,000 (8) 6100-196-0001 ........................ $634,109,000 (9) 6100-203-0001 ........................ $203,620,000 (10) 6100-220-0001 ........................ $90,000,000 (11) Section 134 of Chapter 52 of the Statutes of 2022 ........................ $149,040,000 (12) Section 9 of Chapter 52 of the Statutes of 2022 ........................ $1,132,554,000 (2) It is the intent of the Legislature that the amounts deferred pursuant to this subdivision be supported by appropriations reflected in paragraphs (2) to (13), inclusive, of subdivision (a). (c) The Controller shall transfer the amounts appropriated pursuant to paragraphs (1) and (4) of subdivision (a) to Section A of the State School Fund for those purposes. (Amended by Stats. 2024, Ch. 998, Sec. 11. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42280. Source version: id_9f8bac0b-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) For each school district that meets, in the current or prior fiscal year, the conditions specified in Section 42282 or 42284 the Superintendent shall compute, for each qualifying school in the school district, an amount pursuant to this article. (b) (1) The amount of funding for each qualified school district shall equal the sum of all necessary small school allowances calculated for eligible schools within the school district. Subject to paragraph (2), each necessary small school’s allowance shall be the greater of the following: (A) The necessary small elementary school allowance determined pursuant to Section 42282 for the prior fiscal year average daily attendance and the number of full-time teachers, or the necessary small high school allowance determined pursuant to Section 42284 for the prior fiscal year average daily attendance and the number of certificated employees. (B) The necessary small elementary school allowance determined pursuant to Section 42282 for the current fiscal year average daily attendance and the number of full-time teachers, or the necessary small high school allowance determined pursuant to Section 42284 for the current fiscal year average daily attendance and the number of certificated employees. (C) The necessary small elementary school allowance determined pursuant to Section 42282 for the average of the three most recent prior fiscal years’ average daily attendance and the number of full-time teachers, or the necessary small high school allowance determined pursuant to Section 42284 for the average of the three most recent prior fiscal years’ average daily attendance and the number of certificated employees. (2) (A) If the greatest necessary small school allowance calculated pursuant to paragraph (1) is equal to the amounts computed pursuant to subparagraph (B) of paragraph (1) and either subparagraph (A) or (C) of paragraph (1), the necessary small school allowance shall be calculated based on the amount computed pursuant to subparagraph (B) of paragraph (1). (B) If the greatest necessary small school allowance calculated pursuant to paragraph (1) is equal to the amounts computed pursuant to subparagraphs (A) and (C) of paragraph (1), the necessary small school allowance shall be calculated based on the amount computed pursuant to subparagraph (A) of paragraph (1). (c) For purposes of this section, if the average number of full-time teachers or certificated employees is not a whole number, the resulting figure shall be rounded up to the next whole number. (Amended by Stats. 2024, Ch. 38, Sec. 23. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42282. Source version: id_f44af8b6-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. Commencing with the 2026–27 fiscal year, for each school district, on account of each necessary small school, as defined in Section 42283, the Superintendent shall make the following computations: (a) For each necessary small school that has an average daily attendance during the fiscal year of less than 25, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school at least one teacher was hired full time, the Superintendent shall compute for the school district three hundred thirty-two thousand nine hundred forty-eight dollars ($332,948). (b) For each necessary small school that has an average daily attendance during the fiscal year of 25 or more and less than 49, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district six hundred fifty-eight thousand eight hundred eighty-six dollars ($658,886). (c) For each necessary small school that has an average daily attendance during the fiscal year of 49 or more, but less than 73, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school three teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district nine hundred eighty-five thousand one hundred eleven dollars ($985,111). (d) For each necessary small school that has an average daily attendance during the fiscal year of 73 or more and less than 97, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school four teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district one million three hundred eleven thousand forty-seven dollars ($1,311,047). (Amended by Stats. 2026, Ch. 65, Sec. 54. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42283. Source version: id_d66f0881-fcd3-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) For purposes of Section 42282, a “necessary small school” is an elementary school with an average daily attendance of less than 97 pupils, excluding pupils attending the 7th and 8th grades of a junior high school, maintained by a school district to which any of the following conditions apply: (1) If as many as five pupils residing in a school district with fewer than 2,501 units of second principal apportionment average daily attendance and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the 7th and 8th grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than 10 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (2) If as many as 15 pupils residing in a school district with fewer than 2,501 units of second principal apportionment average daily attendance and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the 7th and 8th grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than five miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (3) If as many as 15 pupils residing in a school district with more than 2,500 and fewer than 5,001 units of second principal apportionment average daily attendance and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the 7th and 8th grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than 30 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (b) If topographical or other conditions exist in a school district that would impose unusual hardships if the number of miles specified in paragraph (1) or (2) of subdivision (a) were required to be traveled, or if during the fiscal year the roads that would be traveled have been impassable for more than an average of two weeks per year for the preceding five years, the governing board of the school district may, on or before April 1, request the Superintendent, in writing, for an exemption from these requirements or for a reduction in the miles required. The request shall be accompanied by a statement of the conditions upon which the request is based, giving the information in a form required by the Superintendent. The Superintendent shall cause an investigation to be made, and shall either grant the request to the extent he or she deems necessary, or deny the request. (c) For purposes of this section, “other public elementary school” is a public school, including a charter school, that serves kindergarten or any of grades 1 to 8, inclusive, excluding grades 7 and 8 of a junior high school. (Amended by Stats. 2018, Ch. 664, Sec. 2. (SB 1321) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42284. Source version: id_fa92ca48-7fb8-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) Commencing with the 2026–27 fiscal year, for each school district with fewer than 2,501 units of average daily attendance, on account of each necessary small high school, the Superintendent shall make one of the following computations selected with regard only to the number of certificated employees employed or average daily attendance, whichever provides the lesser amount: Average daily attendance Minimum number of certificated employees Amount to be computed per teacher 1–19 ........................ 1 $280,582 1–19 ........................ 2 $400,039 1–19 ........................ 3 $888,617 20–38 ........................ 4 $1,088,635 39–57 ........................ 5 $1,288,656 58–71 ........................ 6 $1,488,674 72–86 ........................ 7 $1,688,695 87–100 ........................ 8 $1,888,714 101–114 ........................ 9 $2,088,734 115–129 ........................ 10 $2,288,753 130–143 ........................ 11 $2,488,774 144–171 ........................ 12 $2,688,794 172–210 ........................ 13 $3,219,450 211–248 ........................ 14 $3,800,714 249–286 ........................ 15 $4,381,988 (b) For purposes of this section, a “certificated employee” means an equivalent full-time position of an individual holding a credential authorizing service and providing service in any of grades 9 to 12, inclusive, in any secondary school. Any fraction of an equivalent full-time position remaining after all equivalent full-time positions for certificated employees within the school district have been calculated shall be deemed to be a full-time position. (Amended by Stats. 2026, Ch. 65, Sec. 55. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42285. Source version: id_2bfc2e84-8164-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) For purposes of Section 42284, a necessary small high school is a high school with an average daily attendance of less than 287 pupils that meets any of the following conditions: (1) The high school had an average daily attendance of less than 96 pupils in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 15 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 20 miles or 25 percent of the pupils would be required to travel 30 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (2) The high school had an average daily attendance of 96 pupils or more and less than 144 pupils in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 10 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 18 miles or 25 percent of the pupils would be required to travel 25 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (3) The high school had an average daily attendance of 144 pupils or more and less than 192 pupils in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 71/2 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 15 miles or 25 percent of the pupils would be required to travel 20 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (4) The high school had an average daily attendance of 192 pupils or more and less than 287 pupils in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 5 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 10 miles or 25 percent of the pupils would be required to travel 15 miles to the nearest other public high school. (5) Topographical or other conditions exist in the school district that would impose unusual hardships on the pupils if the number of miles specified in paragraph (1), (2), (3), or (4) were required to be traveled. In these cases, the Superintendent may, when requested, and after investigation, grant exceptions from the distance requirements. (b) For purposes of Section 42284, a necessary small high school also includes either of the following: (1) A high school maintained by a school district for the exclusive purpose of educating juvenile hall pupils or pupils with exceptional needs. (2) A high school maintained by a unified school district as the only comprehensive high school if the high school has an average daily attendance of less than 287 pupils and the school district has 50 or fewer pupils per square mile of school district territory, as measured by the number of pupils residing in the school district. (c) For purposes of Section 42284, a necessary small high school does not include a continuation school. (d) For purposes of this section, “other public high school” is a public school, including a charter school, that serves any of grades 9 to 12, inclusive. (Amended by Stats. 2018, Ch. 32, Sec. 38. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42285.3. Source version: id_d440e2f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. Notwithstanding subdivision (b) of Section 42280 or any other provision of law, a unified school district that is the only school district in a county, that has received more than two million seven hundred thousand dollars ($2,700,000) in federal Forest Reserve funds in the 1992–93 school year and less than one million three hundred thousand dollars ($1,300,000) in federal Forest Reserve funds in the 1996–97 school year, and that has fewer than 4,501 units of average daily attendance in the 1997–98 school year or in subsequent school years shall be eligible to receive apportionments pursuant to the schedules for a “necessary small school” and a “necessary small high school,” as set forth in this article, for up to the total number of schools in the district that would have met the criteria for classification as a necessary small school or a necessary small high school in the 1996–97 fiscal year, if the district had fewer than 2,501 units of average daily attendance in the 1996–97 fiscal year, except that this section does not apply in a school year in which an otherwise eligible school district receives more than two million dollars ($2,000,000) in federal Forest Reserve funds. (Amended by Stats. 2004, Ch. 105, Sec. 1. Effective July 6, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42287. Source version: id_00ec280a-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) For the 1984–85 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall increase the funding amounts specified in Sections 42282 and 42284 by an amount proportionate to the increase applied to the statewide average revenue limit for unified school districts for the then current fiscal year. (b) For the 2013–14 fiscal year to the 2021–22 fiscal year, inclusive, the Superintendent shall increase the funding amounts specified in Sections 42282 and 42284, as previously increased pursuant to subdivision (a) and Sections 42289 to 42289.5, inclusive, by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the then current fiscal year. (c) Commencing with the 2022–23 fiscal year, the Superintendent shall increase the funding amounts specified in Sections 42282 and 42284, as previously increased by Sections 42289 to 42289.5, inclusive, by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the then current fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 56. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42289. Source version: id_4377462d-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. Notwithstanding any other law, for each fiscal year through the 2012–13 fiscal year, before calculating the increase in funding amount specified in Section 42287, the Superintendent shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the product of subdivisions (a) and (b): (a) The amount per unit of average daily attendance received by the school district pursuant to Section 46201 in the prior fiscal year. (b) The average daily attendance for each necessary small school and necessary small high school for which the school district received funding in the prior fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (Amended by Stats. 2013, Ch. 47, Sec. 56. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42289.1. Source version: id_47cc968f-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) Notwithstanding any other law, for the 1988–89 fiscal year to the 2012–13 fiscal year, inclusive, after calculating the increase in funding amounts specified in Section 42287, the Superintendent shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (g) of Section 42240. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) From the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. (Amended by Stats. 2013, Ch. 47, Sec. 57. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42289.2. Source version: id_4c2430e1-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) Notwithstanding any other law, for the 1989–90 fiscal year to the 2012–13 fiscal year, inclusive, after calculating the increase in funding amounts specified in Section 42287, the Superintendent shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (e) of Section 54060.5. (B) The average daily attendance for each necessary small school and necessary small high school for which the school district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) From the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. (Amended by Stats. 2013, Ch. 47, Sec. 58. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42289.3. Source version: id_507e1523-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) Notwithstanding any other law, for the 1989–90 fiscal year to the 2012–13 fiscal year, inclusive, after calculating the increase in funding amounts specified in Section 42287, the Superintendent shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (e) of Section 54060.6. (B) The average daily attendance for each necessary small school and necessary small high school for which the school district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) From the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. (Amended by Stats. 2013, Ch. 47, Sec. 59. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42289.4. Source version: id_54d169b5-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) Notwithstanding any other law, for the 1989–90 fiscal year to the 2012–13 fiscal year, inclusive, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (b) of Section 54060.7. (B) The average daily attendance for each necessary small school and necessary small high school for which the school district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) From the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. (Amended by Stats. 2013, Ch. 47, Sec. 60. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42289.5. Source version: id_592f6ca7-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. Notwithstanding any other law, the increases determined pursuant to Sections 42289, 42289.1, 42289.3, and 42289.4 shall be permanently increased for the 1998–99 fiscal year by the quotient, for each school district eligible for an increase, of the amount determined pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 42238.8, as that section read on January 1, 2013, divided by the amount determined pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 42238.8, as that section read on January 1, 2013. (Amended by Stats. 2013, Ch. 47, Sec. 61. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 7. Local Taxation by School Districts [42238 - 42289.6] ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] SECTION 42289.6. Source version: id_0b1363cb-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=7.&article=4. (a) It is the intent of the Legislature that the Quality Education Commission review the eligibility provisions for the establishment of necessary small schools as specified in Sections 42280, 42282, 42283, 42284, and 42285, including the following: (1) The appropriate size for a necessary small elementary school, a necessary small middle school, and a necessary small high school. (2) Whether mileage and other eligibility requirements are appropriate or need to be modified. (b) It is further the intent of the Legislature that by January 1, 2006, the Quality Education Commission recommend to the Legislature modifications regarding the size, eligibility requirements, and funding of necessary small schools. (Added by Stats. 2004, Ch. 871, Sec. 13. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 8. Supplemental School Revenues [42400 - 42403] SECTION 42400. Source version: id_ccdeee31-7406-11dc-a905-8615d891cd73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=8.&article= (a) Revenues derived from a transactions and use tax imposed pursuant to Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of the Revenue and Taxation Code shall be allocated directly to each school district within the county and to the county office of education on the basis of an equal amount for each unit of average daily attendance within the county. (b) The average daily attendance used for purposes of the allocations pursuant to subdivision (a) shall be the same average daily attendance used for purposes of allocations pursuant to Section 8880.5 of the Government Code. (Added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. Effective March 7, 1993. Note: Condition in Sec. 4 of Ch. 14 was satisfied by enactment of AB 1930 as Ch. 1024, Stats. 1991, but operative date is not earlier than effective date.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 8. Supplemental School Revenues [42400 - 42403] SECTION 42401. Source version: id_cd435553-7406-11dc-a905-8615d891cd73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=8.&article= (a) Revenues from any transactions and use tax imposed pursuant to Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of the Revenue and Taxation Code shall not be considered “allocated local proceeds of taxes” pursuant to Section 41202 of the Education Code or paragraph (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution. (b) Revenues derived from any transactions and use tax imposed pursuant to Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of the Revenue and Taxation Code shall supplement, and shall not be offset against, the allocations made pursuant to Section 2558 or 42238 of the Education Code. (Added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. Effective March 7, 1993. Note: Condition in Sec. 4 of Ch. 14 was satisfied by enactment of AB 1930 as Ch. 1024, Stats. 1991, but operative date is not earlier than effective date.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 8. Supplemental School Revenues [42400 - 42403] SECTION 42402. Source version: id_cda6ab05-7406-11dc-a905-8615d891cd73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=8.&article= In the event an ordinance is proposed to the voters in a county pursuant to Section 7288.3 of the Revenue and Taxation Code, each school district and the county office of education shall concurrently, as necessary, propose an increase in its appropriations limit pursuant to Section 4 of Article XIII B of the California Constitution in an amount equal to or greater than the revenues derived from any transactions and use tax imposed pursuant to Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of the Revenue and Taxation Code. (Added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. Effective March 7, 1993. Note: Condition in Sec. 4 of Ch. 14 was satisfied by enactment of AB 1930 as Ch. 1024, Stats. 1991, but operative date is not earlier than effective date.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 8. Supplemental School Revenues [42400 - 42403] SECTION 42403. Source version: id_ce05baf7-7406-11dc-a905-8615d891cd73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=8.&article= For purposes of this chapter, a “school district” includes a community college district. (Added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. Effective March 7, 1993. Note: Condition in Sec. 4 of Ch. 14 was satisfied by enactment of AB 1930 as Ch. 1024, Stats. 1991, but operative date is not earlier than effective date.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 1. Control of Expenditures [42600 - 42603] SECTION 42600. Source version: id_d44b918b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=1. The total amount budgeted as the proposed expenditure of the school district for each major classification of school district expenditures listed in the school district budget forms prescribed by the Superintendent of Public Instruction shall be the maximum amount which may be expended for that classification of expenditures for the school year. Transfers may be made from the designated fund balance or the unappropriated fund balance to any expenditure classification or between expenditure classifications at any time by written resolution of the board of education of any school district governed by a board of education, when filed with the county superintendent of schools and the county auditor, or by written resolution of the board of trustees of any school district not governed by a board of education, when approved by the county superintendent of schools and filed with the county auditor. A resolution providing for the transfers specified in this section shall be approved by a majority vote of the members of the governing board. Nothing in this section shall be construed as affecting Sections 42204 and 85112. (Amended by Stats. 1987, Ch. 917, Sec. 21.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 1. Control of Expenditures [42600 - 42603] SECTION 42601. Source version: id_d44b918d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=1. At the close of any school year a school district may, with the approval of the governing board, identify and request the county superintendent of schools to make the transfers between the designated fund balance or the unappropriated fund balance and any expenditure classification or classifications, or balance any expenditure classifications of the budget of the district for that school year as necessary to permit the payment of obligations of the district incurred during that school year. For each elementary, high school, and unified school district that, during the preceding school year, had an average daily attendance less than the level, as appropriate, specified in subdivision (a) of Section 41301, the county superintendent of schools, with the consent of the governing board of the school district, may identify and make the transfers, and shall so notify the districts. (Amended by Stats. 1988, Ch. 1462, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 1. Control of Expenditures [42600 - 42603] SECTION 42602. Source version: id_d44b918f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=1. Notwithstanding the provisions of Sections 42600 and 42610 or any provision of this code to the contrary, the governing board of any school district may, by a majority vote of its membership, and with the approval of the county superintendent of schools, budget and use any unbudgeted income provided during the fiscal year from any source. (Amended by Stats. 1987, Ch. 917, Sec. 23.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 1. Control of Expenditures [42600 - 42603] SECTION 42603. Source version: id_d44b9191-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=1. The governing board of any school district may direct that moneys held in any fund or account may be temporarily transferred to another fund or account of the district for payment of obligations. The transfer shall be accounted for as temporary borrowing between funds or accounts and shall not be available for appropriation or be considered income to the borrowing fund or account. Amounts transferred shall be repaid either in the same fiscal year, or in the following fiscal year if the transfer takes place within the final 120 calendar days of a fiscal year. Borrowing shall occur only when the fund or account receiving the money will earn sufficient income, during the current fiscal year, to repay the amount transferred. No more than 75 percent of the maximum of moneys held in any fund or account during a current fiscal year may be transferred. (Amended by Stats. 1987, Ch. 586, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 2. Appropriation of Income Budget Excess [42610- 42610.] SECTION 42610. Source version: id_d44d1837-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=2. Any amounts added to the general reserve of the school district in excess of the amount already budgeted shall not be available for appropriation by the school district for the current fiscal year except by the following procedure. The governing board of the school district shall, by formal action of the board, pass a resolution setting forth the need according to major classification of school district expenditures to be met from any portion of the general reserve derived from assured income in excess of the total amount anticipated in the budget. The resolution shall be submitted to the county superintendent of schools. The county superintendent of schools shall approve any resolution for the appropriation of income to the extent that the income was not anticipated in the budget of the school district. On the first day of July of each year, the general reserve together with unexpended balances of appropriations and income in excess of anticipated income for the preceding fiscal year shall be placed to the credit of the school district, and the school district shall include all money so credited in the balance shown in the budget for the ensuing fiscal year. (Amended by Stats. 1987, Ch. 917, Sec. 24.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] SECTION 42620. Source version: id_d44e9edb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=3. Whenever prior to the receipt by any school district or county school service fund of its state, county, city and county, or district funds, any school district or county school service fund of a county or city and county does not have sufficient money to its credit to meet current expenses of maintenance, the board of supervisors of the county or city and county shall order, and the auditor and treasurer of the county or city and county shall make a temporary transfer from any funds of the county or city and county not immediately needed to pay claims against them to the school fund of the district or county school service fund of the amount needed, not exceeding 85 percent of the amount of money which will accrue to the school district or county school service fund during the fiscal year. Upon the making of the transfer the auditor shall immediately notify the superintendent of schools of the county or city and county of the amount transferred. Each transfer of funds requested under this section shall be granted in order of receipt by the board of supervisors, regardless of whether sufficient county funds are available for transfer to meet pending or anticipated requests of school districts. The funds transferred under this section to the credit of a school district or county school service fund shall be retransferred by the auditor and treasurer to the fund from which they were taken from the first moneys accruing to the school district or county school service fund and before any other obligation of the school district or county school service fund is paid from the money accruing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] SECTION 42620.1. Source version: id_1263857f-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=3. (a) Whenever a charter school of a county or city and county does not have sufficient money to its credit, before the charter school receives its state, county, city and county, or district funds, to meet current expenses of maintenance, the board of supervisors of the county or city and county may order, and the auditor and treasurer of the county or city and county shall make, a temporary transfer from any funds of the county or city and county not immediately needed to pay claims against them to the charter school of the amount needed, not exceeding 85 percent of the amount of money that will accrue to the charter school during the fiscal year. Upon the making of a transfer, the auditor shall immediately notify the superintendent of schools of the county or city and county of the amount transferred. The board of supervisors may order temporary transfers of funds to charter schools only after ensuring that all transfer requests for school districts and county offices of education have been satisfied pursuant to Section 42620. (b) The funds transferred under this section to the credit of a charter school shall be retransferred by the auditor and treasurer to the fund from which they were taken from the first moneys accruing to the charter school and before any other obligation of the charter school is paid from the money accruing. (Added by Stats. 2012, Ch. 38, Sec. 50. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] SECTION 42621. Source version: id_2ec0c297-c7b8-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=3. The county superintendent of schools of each county, with the approval of the county board of education, may make temporary transfers to a school district or charter school that does not have sufficient money to its credit to meet current operating expenses from the county school service fund, in amounts and at times that the county superintendent of schools deems necessary. These transfers shall not exceed 85 percent of the amount of money accruing to the school district or charter school at the time of transfer. The amounts so transferred shall be repaid to the county school service fund before June 30 of the current year from any funds subsequently received by the school district or charter school. (Amended by Stats. 2012, Ch. 38, Sec. 51. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] SECTION 42622. Source version: id_33bcb339-c7b8-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=3. The county superintendent of schools, with the approval of the county board of education, may make an apportionment to a school district or charter school from the county school service fund conditional upon the repayment to the fund during the next succeeding fiscal year of the amount apportioned to the school district or charter school and, during the next succeeding fiscal year, shall transfer the amount of the apportionment from the general fund of the school district or charter school to the county school service fund. (Amended by Stats. 2012, Ch. 38, Sec. 52. (SB 1016) Effective June 27, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] SECTION 42623. Source version: id_1f057ac9-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=3. (a) Upon the request of the county board of education on behalf of a newly organized school district, and upon the order of the county board of supervisors of the county or city and county, the auditor and treasurer of the county or city and county shall make a temporary transfer from any funds of the county or city and county not immediately needed to pay claims against them to the general fund of the newly organized school district for the purpose of meeting the current expense of the school district until the school district receives its first state apportionments or school district tax funds. Upon the making of the transfer, the auditor shall immediately notify the superintendent of schools of the county or the city and county of the amount transferred. (b) The funds transferred under this section to the general fund of a newly organized school district shall be retransferred by the auditor and the treasurer to the fund from which they were taken from the first moneys accruing to the school district after it becomes effective for all purposes pursuant to Section 35534 and before any other obligation of the school district is paid from the money accruing. (Amended by Stats. 2015, Ch. 386, Sec. 17. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42630. Source version: id_d4502485-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. Except as otherwise provided in this code, money shall be paid from the funds of any school district for the payment of the expenses of the district, only as provided in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42631. Source version: id_d4502487-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. All payments from the funds of a school district shall be made by written order of the governing board of the district. Orders shall be on forms prescribed by the county superintendent of schools unless the warrants are processed by an on-line data processing system. Forms may be printed and furnished by the board of supervisors or the county superintendent of schools. (Amended by Stats. 1987, Ch. 1452, Sec. 352.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42632. Source version: id_d4502489-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. Each order drawn on the funds of a school district shall be signed by at least a majority of the members of the governing board of the district, or by a person or persons authorized by the governing board to sign orders in its name. No person other than an officer or employee of the district shall be authorized to sign orders. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42633. Source version: id_d450248b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. The governing board of each school district shall be responsible for filing or causing to be filed with the county superintendent of schools the verified signature of each person, including members of the governing board, authorized to sign orders in its name. Except for districts determined to be fiscally accountable pursuant to Section 42650, no order on the funds of any school district shall be approved by the county superintendent of schools unless the signatures are on file in his office and he is satisfied that the signatures on the order are those of persons authorized to sign the order. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42634. Source version: id_d450248d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. Each order drawn against the funds of a school district shall be numbered and shall state: (a) the particular fund or funds of the district against which it is drawn, (b) the amount of the payment to be made from each fund, and (c) the rate of salary and the period of service of any employee of the district for whom an order is issued for payment of salary or wages. If drawn for any purpose other than the payment of salaries or wages of school district employees, the order shall be accompanied by an itemized bill showing the separate items and the price of each. Notwithstanding that requirement, if the county superintendent of schools determines that including an itemized bill with the order is impractical under the system of payment utilized, the itemized bill showing the separate items and the price of each shall instead be retained by the school district and shall be available for audit as directed by the county auditor. (Amended by Stats. 1988, Ch. 1461, Sec. 18.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42635. Source version: id_d450248f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. Each order drawn against the funds of a school district shall be transmitted to the county superintendent of schools, and, if approved and signed by him shall become a requisition on the county auditor. The county superintendent may prescribe alternative procedures for districts determined to be fiscally accountable pursuant to Section 42650. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42636. Source version: id_d4502491-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. (a) The county superintendent of schools may examine each order on school district funds transmitted to him or her, in the order in which it is received in his or her office. If it appears that the order is properly drawn for the payment of legally authorized expenses against the proper funds of the district, and that there are sufficient moneys in the fund or funds against which the order is drawn to pay it, the county superintendent shall endorse upon it “examined and approved,” and shall, in attestation thereof, affix his or her signature and number and date the requisition and transmit it directly to the county auditor, in the order in which the order is received in his or her office. The county superintendent may prescribe alternative methods for districts determined to be fiscally accountable pursuant to Section 42650. (b) Notwithstanding subdivision (a), the county superintendent may allow electronic transfers, upon approval of the county auditor. (Amended by Stats. 1987, Ch. 1452, Sec. 353.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42637. Source version: id_d451ab33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. If at any time during a fiscal year the county superintendent of schools concludes that the budget of any school district within his or her jurisdiction does not comply with the standards and criteria for fiscal stability developed pursuant to Section 33127 for that fiscal year, he or she shall notify the Superintendent of Public Instruction and the district in writing of that conclusion and may conduct a comprehensive review of the financial and budgetary conditions of the district. The superintendent shall report his or her findings and recommendations to the governing board of the district and the Superintendent of Public Instruction and may include recommendations of methods by which the budgeted expenditures for the balance of the fiscal year may be brought into balance with the revenue of the district. That report shall be made to the governing board at a public meeting of the governing board. The governing board shall, no later than 15 days after receipt of the report, notify the county superintendent of schools and the Superintendent of Public Instruction of its proposed actions on their recommendations. (Amended by Stats. 1988, Ch. 1462, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42638. Source version: id_d451ab35-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. (a) If the order is disapproved by the county superintendent of schools, it shall be returned to the governing board of the school district, except as otherwise provided in this code for the registration of warrants, with a statement of his or her reasons for disapproving the order. (b) If the county superintendent determines that there is evidence that fraud or misappropriation of funds has occurred, the county superintendent shall notify the governing board of the school district, the State Controller, the Superintendent of Public Instruction, and the local district attorney. (Amended by Stats. 2001, Ch. 620, Sec. 4. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42639. Source version: id_0b7d873d-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. (a) The county auditor may examine each order and requisition on school district funds transmitted to the auditor by the county superintendent of schools. If the auditor allows the order and requisition, the auditor shall endorse thereon “examined and allowed,” and shall date, number, and sign it, whereupon it shall become a warrant on the county treasurer. The auditor shall detach any bill attached to the requisition, and shall number the bill, giving it the same number that the auditor gives the warrant, and file it in the auditor’s office. The auditor shall thereupon return the order, requisition, and warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to the payee’s order. (b) A requisition of the county superintendent of schools, whether based upon written order of the governing board of a school district or authorized by law, shall constitute full authority for the signature for allowance of the requisition by the county auditor as a warrant on the county treasurer, and no other authority shall be necessary or required for such action by the county auditor. (c) “Requisition,” as used in this section, includes any order or demand signed by the county superintendent of schools directing the county auditor to draw the auditor’s warrant on the county treasurer. (Amended by Stats. 2021, Ch. 666, Sec. 34. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42639.1. Source version: id_ad4ce2a6-e416-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. The county auditor may authorize the destruction of any bill or supporting document received from a school district for purposes of Section 42639 if all of the following conditions are met: (a) The record, paper, or document is photographed, microphotographed, or reproduced on film of a type approved for permanent photographic records by the National Institute of Standards and Technology. (b) The device used to reproduce such record, paper, or document on film is one which accurately reproduces the original thereof in all details. (c) The photographs, microphotographs, or other reproductions on film are placed in conveniently accessible files and provision is made for preserving, examining, and using the same. (Amended by Stats. 2017, Ch. 573, Sec. 73. (SB 800) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42640. Source version: id_d45331db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. In lieu of drawing his warrant as provided in Section 42639, the county auditor may, with the approval of the governing board of the school district, endorse, date, and number the order and requisition and may prepare a separate warrant on the county treasurer for the same amount as the order and requisition. The warrant shall show that it had been drawn on the order of a school district naming the school district and shall show, the payee, date of issue, as well as other information deemed appropriate by the auditor. The auditor shall draw such separate warrant by signing it and no other signature shall be required. Thereupon the auditor shall transmit the separate warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to his order, or with the approval of the governing board of the school district, shall transmit it to the payee. The order and requisition may direct the transfer of the amount of the separate warrant from the funds of the district to a clearing fund in the county treasury (to be known as the schools commercial revolving fund), to the end that separate warrants for all districts may be drawn against a single revolving fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42641. Source version: id_d45331dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. The governing board of any school district may, with the approval of the county auditor and county treasurer, in lieu of issuing single orders for the payment of the salary or wages of each employee, issue payroll orders, on forms prescribed by the county superintendent of schools and approved by the Superintendent of Public Instruction, for the payment of the salaries or wages of two or more employees. Payroll orders may be drawn only for the payment of salaries and wages of employees, and shall constitute requisitions on the county auditor and warrants on the county treasurer when approved and signed by the county superintendent of schools and allowed and signed by the county auditor, respectively. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42642. Source version: id_d45331df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. Each payroll order drawn pursuant to this article shall be drawn, approved, and issued in the same manner and shall contain the same minimum content as prescribed for single orders. Each payroll order shall list the names of all employees in whose favor the order is drawn and shall state the amount of money due each. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42643. Source version: id_d454b881-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. The superintendent of schools of each county shall keep, open to the inspection of the public, a register of warrants, showing the fund upon which the requisitions have been drawn, the number, in whose favor, and for what purpose they were drawn. The county superintendent shall prescribe rules for school districts he determines to be fiscally accountable, pursuant to Section 42650, that retain copies of warrants and supporting documents within the district files. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42644. Source version: id_d454b883-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. Orders for the payment of wages and payroll orders for the payment of wages of employees employed full time in positions not requiring certification qualifications shall be drawn twice during each calendar month on days designated in advance by the governing board of each school district to which this section is made applicable. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month. The governing board of each school district which has an average daily attendance of 5,000 or more, and the governing board of each school district with an average daily attendance of less than 5,000 in a county with a population in excess of 4,000,000 persons as determined by the 1960 federal census, shall make the provisions of this section applicable to the board, whenever a majority of the employees of the district employed full time in positions not requiring certification qualifications petition the board in writing to do so. The governing board of a school district which has an average daily attendance of less than 5,000, other than such a school district situated in a county with a population in excess of 4,000,000 persons as determined by the 1960 federal census, may, on the petition in writing of a majority of the employees of the district employed full time in positions not requiring certification qualifications, make the provisions of this section applicable to the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42645. Source version: id_d454b885-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. In any unified school district with 100,000 or more average daily attendance as an alternative to the payment procedures prescribed by Section 42644, orders for the payment of wages, and payroll orders for the payment of wages and warrants for the payment of wages of employees employed full time in positions not requiring certification qualifications shall be drawn once each two weeks, twice a month, or once each four weeks on days designated in advance by the governing board of the district. Labor performed during each such payroll period shall be paid for not later than the eighth working day of the following payroll period. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42646. Source version: id_d454b887-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. In any county, the county superintendent of schools, with the approval of the Superintendent of Public Instruction, the county board of education, and the county auditor, may prescribe a payroll procedure, to be followed by designated districts in the county, under which the school district governing boards, by use of payroll orders, shall authorize and direct the county superintendent of schools and the county auditor to draw separate payroll warrants in the names of the individual district employees for the respective amounts set forth therein to the end that each employee may be furnished with a statement of the amount earned and an itemization of the amounts withheld therefrom under requirements of the law or by direction of the employee. The payroll warrants shall show the closing date of the pay period for which issued and the date of issue and a statement that it is drawn by order of the governing board of the district and shall bear the signature of the county auditor. To obtain the advantage of a uniform pay period and pay date within school districts, the payroll procedure may specify the ending date of the pay period and, notwithstanding Sections 42644, 45040, and 45048, the date of issue for payroll warrants, except that the issue date shall be on or before the 10th calendar day following the end of the pay period. The payroll procedure may provide for salary payments, including salary advances, more frequently than once a month. The payroll procedure may provide for payroll orders authorizing salary payments to individual employees on a continuing basis until notifications of changes or adjustments are submitted by the school districts, provided that an itemized listing of payments made under this procedure is furnished to the school district on or before the date of issue of the payroll warrants. The payroll order may direct the transfer from the districts’ funds to a clearing fund in the county treasury, to be known as the schools payroll revolving fund, of the total of the amount of the payroll warrants to be issued under the order to the end that payroll warrants for all districts may be drawn against a single revolving fund. The payroll order may further direct the transfer from the districts’ funds of the totals of the various deductions set forth therein to the trust funds in the county treasury entitled to receive credit for them and may further direct the proper disbursement of such trust amounts. When the payroll procedure provides for payment of salary once each month the payment shall be made on the last working day of the month as required by Section 45166. (Amended by Stats. 1987, Ch. 1452, Sec. 355.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42646.3. Source version: id_d454b889-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. A payroll clearance fund, for the purpose of consolidating and balancing payroll deductions and other payroll accounting purposes for one or more school district employees whose salary is paid from one or more funds, may be established by the governing board of the school district or, if the district operates under the payroll procedures set forth in Section 42646, by the county superintendent of schools. (Added by Stats. 1987, Ch. 586, Sec. 6.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42647. Source version: id_d454b88b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. With the approval of the Superintendent of Public Instruction, the governing board of a unified school district, or district with over 10,000 average daily attendance, may cause to be drawn all warrants on the county treasurer against all the funds, except debt service, of the district in the county treasury in the payment of the expenses of the district. The warrants shall be issued by a person designated as the district auditor or district disbursing officer for the school district on the county treasurer in favor of the persons entitled thereto in payment of all claims chargeable against the district which have been legally examined, allowed, and ordered paid by the governing board. The district auditor shall issue warrants on the county treasurer for all debts and demands against the district when the amounts are fixed by law. The form of the warrant shall be as prescribed by the governing board and approved by the county auditor or county treasurer having jurisdiction. Notwithstanding Section 42631, the cost of printing the warrants shall be borne by the district. No county officer shall be responsible for producing reports, statements, and other data relating to or based on these payments of the expenses of the districts. Those districts issuing warrants as provided by this section shall provide the county superintendent of schools, in the form prescribed by him or her, with the data necessary to make retirement reports and other reports required of him or her by law. All warrants, vouchers, and supporting documents shall be kept by the school districts that draw their own warrants. Notwithstanding Section 27005 of the Government Code, or any other section requiring orders for warrants or warrants to be signed by the county superintendent of schools or the county auditor, or both, the county treasurer shall pay the warrant, if money is available. Notwithstanding Section 41000, except for assessing and tax collecting, the county auditor and the county treasurer may charge those districts that draw their own warrants for the cost of all fiscal services. The person authorized by the governing board of the district to issue warrants pursuant to this section shall execute an official bond in an amount fixed by the governing board conditioned upon the faithful performance of his or her duties under this section. A county superintendent of schools or a county auditor shall not be liable under the terms of their bonds or otherwise for any warrant issued pursuant to this section. It is not intended that this provision shall be applied so as to impair the obligation of any contract in the bond of the officer in effect on the effective date of this section. A listing of the warrants issued under this section by each school district shall be forwarded to the county auditor having jurisdiction, upon his or her request, and to the county superintendent of schools having jurisdiction over the district on the same day warrants are issued. The listing, which may be magnetic tape, punched cards, or in other form, shall report, among other things, the warrant number, date of the warrant, amount of the warrant, the name of the payee, and the fund on which the warrant is drawn. The form and content of the warrant listing shall be as prescribed by the governing board and approved by the county auditor having jurisdiction. Each unified school district or district with over 10,000 average daily attendance that issues warrants pursuant to this section shall furnish monthly to the county superintendent of schools and the county auditor of the county of jurisdiction, upon his or her request, a statement showing for the current fiscal year to date, for each required expenditure classification, the amount budgeted, actual expenditures, encumbrances and unencumbered balances. In order to obtain the approval of the Superintendent of Public Instruction, a unified school district, or district with over 10,000 average daily attendance, shall file a written application with the county superintendent of schools of jurisdiction. Upon receipt of an application from the district, the county superintendent of schools shall cause a survey to be made of the district’s accounting controls by an independent certified public accountant or public accountant in accordance with standards prescribed by the Controller. The certified public accountant or public accountant shall report his or her findings and recommendations to the county superintendent, county auditor, and to the applicant district. The county superintendent shall forward the district’s application, together with his or her other recommendations and the recommendations of the county auditor and a report of the survey, to the Superintendent of Public Instruction for approval or disapproval of the application. The Superintendent of Public Instruction shall approve the application only if he or she finds that the accounting controls of the district are adequate. If the Superintendent of Public Instruction determines that these controls are inadequate, he or she shall disapprove the application. The county superintendent of schools shall be reimbursed for all costs incident to the accounting controls survey made pursuant to the district’s application from the district’s funds. When approved by the Superintendent of Public Instruction, the issuance of warrants pursuant to this section shall be effective at the beginning of the fiscal year if the approval had been made prior to the preceding first day in January. If the issuance of warrants has been disapproved, the Superintendent of Public Instruction and the county superintendent of schools shall state the specific steps that must be taken by the school district in order to receive approval. If at any time the county superintendent of schools determines that the accounting controls of the district have become inadequate, he or she may recommend to the Superintendent of Public Instruction that the approval be revoked, to be effective on the first day of the following fiscal year. (Amended by Stats. 1995, Ch. 530, Sec. 16. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42648. Source version: id_d4563f2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. The provisions of Article 3 (commencing with Section 29850) of Chapter 5 of Division 3 of Title 3 of the Government Code shall be applicable to any unified school district, or district with over 10,000 average daily attendance authorized to issue warrants pursuant to Section 42647; except that whenever any reference is made in said Article 3 to (1) the county auditor, or (2) the general fund of the county, such reference shall be deemed, for purposes of this section, to be to (1) the person authorized to issue warrants pursuant to Section 42647, and (2) the general fund of the school district, respectively. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42649.5. Source version: id_d4563f2f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. In a county in which the board of supervisors has transferred educational functions to the county board of education pursuant to Section 1080, and a single budget has been authorized for the purposes of the county school service fund, county board of education, county committee on school district organization, and the office of the county superintendent of schools pursuant to Sections 1620 to 1625, inclusive, the duties of the county auditor specified in this article shall be performed by the county superintendent of schools. A listing of all warrants approved and allowed by the county superintendent of schools pursuant to this section shall be forwarded to the county auditor on the same day the warrants are forwarded to the school district or the payee. The form of the warrant and the form and content of the warrant listing shall be as prescribed by the county auditor. Notwithstanding Section 27005 of the Government Code, or any other section requiring orders for warrants or warrants to be signed by the county auditor, the county treasurer in counties subject to this section shall pay warrants which are signed by the county superintendent of schools, and the county auditor shall not be liable under his bond or otherwise for a warrant issued pursuant to this section. This section shall apply only in those counties in which the county board of supervisors has adopted its provisions by resolution. (Added by renumbering Section 42649 (as added by Stats. 1977, Ch. 533) by Stats. 1981, Ch. 714, Sec. 90.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42650. Source version: id_d4563f31-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. With the approval of the county superintendent of schools, the governing board of a school district may cause warrants to be drawn on the county treasury against designated funds, except debt service, of the district in the county treasury in the payment of expenses of the district. The warrants for salary and other types of claims designated by the county superintendent shall be issued by a person designated as the district disbursing officer for the school district on the county treasury in favor of the persons entitled thereto in payment of all claims in designated categories chargeable against the district which have been legally examined, allowed, and ordered paid by the governing board. The district disbursing officer shall issue warrants, using procedures prescribed by the county auditor, on the county treasury for all debts and demands, within categories designated by the county superintendent, against the district when amounts are legally approved. The form of the warrant shall be prescribed by, and approved by, the county auditor or county treasurer having jurisdiction. The cost of printing warrants may be charged to the district. Notwithstanding Section 41000, except for assessing and tax collecting, the county auditor and county treasurer may charge those districts that draw their own warrants for the cost of all fiscal services. Notwithstanding Section 27005 of the Government Code, or any other provision of law requiring orders for warrants or warrants to be signed by the county superintendent of schools or the county auditor, or both, the county superintendent and county auditor may prescribe alternative procedures for districts to issue warrants. The district disbursing officer shall not be considered a deputy county superintendent of schools or a deputy county auditor. The county treasurer shall pay the warrant in the designated category, if district funds are available. County officers shall not be responsible for providing reports, statements, or other data relating to, or based on, the designated payments of expenses of the district. Those districts issuing warrants, as provided by this section, shall provide the county superintendent of schools, in the form prescribed by him, with the data necessary to make retirement reports and other reports required of him by law. All warrants, vouchers, and supporting documents shall be kept by school districts that draw their own warrants in those designated categories. The county superintendent shall provide for a periodic review of the districts’ financial transactions and internal control pursuant to Section 1241.5. County superintendents of schools may provide fiscal, budgetary, and data-processing services through contractual agreements to school districts that have been determined to be fiscally accountable under the provisions of this section. The person authorized by the governing board of the district to issue warrants, pursuant to this section, shall execute an official bond in an amount fixed by the governing board conditioned upon the faithful performance of his duties under this section. A county superintendent or county auditor shall not be liable under the terms of their bonds or otherwise for any warrant issued pursuant to this section. This section shall not be construed as impairing the obligation of any contract in the bond of such officer in effect on January 1, 1977. A listing of the warrants issued under this section by each school district shall be forwarded to the county auditor having jurisdiction, upon his request, and to the county superintendent of schools having jurisdiction over the district on the same day warrants are issued. The listing, which may be on magnetic tape, punched cards, or in other form, shall report, among other things, the warrant number, date of the warrant, amount of the warrant, the name of the payee, and the fund on which drawn. The form and content of the warrant listing shall be as prescribed by the county auditor or county superintendent and approved by the county auditor or county superintendent having jurisdiction. Each district which issues warrants pursuant to this section shall furnish monthly to the county superintendent of schools and the county auditor of the county of jurisdiction, upon his request, a statement showing for the current fiscal year to date, for each required expenditure classification, the amount budgeted, actual expenditures, encumbrances and unencumbered balances. In order to obtain the approval of the county superintendent of schools and county auditor for fiscally accountable status, the governing board of a school district shall file a written application with the county superintendent of schools and county auditor having jurisdiction on forms which the county superintendent shall prescribe. Upon receipt of an application from the district, the county superintendent shall cause an audit to be made of the district’s management and accounting controls, in accordance with standards prescribed by him, by an independent certified public accountant or public accountant approved by the county superintendent, who shall report his findings and recommendations to the county superintendent and to the applicant district. The audit report may include Department of Finance guidelines and other assessments of fiscal management as required by the county superintendent or the audit may be the report of the annual district audit pursuant to Section 41020 if that is acceptable to the county superintendent of schools. The cost of the audit required in support of a district’s application for fiscal accountability shall be borne by the applicant district. The county superintendent and county auditor shall review the district’s application and report of financial management and control and may approve the application if they find the management and accounting controls of the district to be adequate. If the county superintendent and county auditor determine that such management and accounting controls are inadequate, they shall disapprove the application. A district that applies for fiscal accountability status shall file its written application with the county superintendent of schools on or before September 1. The required audit of financial management and accounting controls shall be filed on or before January 1. When a district’s application for fiscal accountability status has been approved by the county superintendent of schools and county auditor, the issuance of warrants by the district pursuant to this section shall be effective at the beginning of a fiscal year, provided that approval had been made prior to the preceding first day in March. If disapproved, the county superintendent of schools shall state the specific steps which must be taken by the applicant school district to receive approval and these changes shall be certified as completed by an independent certified public accountant or public accountant before the county superintendent shall approve the application. If at any time the county superintendent of schools or the county auditor determines that the financial management or accounting controls of the district have become inadequate, either such officer may revoke approval for fiscal accountability status effective immediately. (Amended by Stats. 2001, Ch. 734, Sec. 23. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42651. Source version: id_d457c5d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. (a) The governing board of a school district may authorize a bank, savings and loan association, or credit union in which school district deferred compensation funds are invested pursuant to Section 53609 of the Government Code, to disburse benefits to eligible school district employees or retired employees, or their beneficiaries, provided the following conditions are met: (1) No payment shall be made to any person by the bank, savings and loan association, or credit union unless authorized in writing by the school district. (2) Written authorization from a school district to a bank, savings and loan association, or credit union to make a payment shall include the name of each person to receive payment and the amount each person is to receive. (3) The written authorization shall be signed by a majority of the members of the governing board of the district or by a person or persons authorized by the governing board to sign the authorization, so long as such person or persons is an officer or an employee of the district. (b) The bank, savings and loan association, or credit union authorized to disburse funds pursuant to this section shall be considered an agent of the school district for the purposes of this section. (Added by Stats. 1981, Ch. 92, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] SECTION 42652. Source version: id_d457c5d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=4. (a) The approval of a school district to draw all warrants on the county treasury pursuant to Section 42647 may be revoked or suspended by the Superintendent of Public Instruction for any school district that has a qualified or negative certification pursuant to Section 42131. (b) The approval of a school district to draw warrants on the county treasury pursuant to Section 42650 may be revoked or suspended by the county superintendent of schools for any school district that has a qualified or negative certification pursuant to Section 42131. (Added by Stats. 1993, Ch. 924, Sec. 16. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 5. Void Warrants [42661 - 42662] SECTION 42661. Source version: id_d457c5d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=5. Any warrant drawn on the funds of a district retirement system and issued to the claimant thereof but not presented for payment to the county treasurer within two years after it was issued is void and the proceeds of such warrants shall revert to and become a part of the contributions of the district and shall be applied to reduce the cost to the taxpayers of the district maintaining the retirement system. The county auditor shall each month inform the county superintendent of schools of warrants which have become void during the preceding month, and the county superintendent of schools shall transmit such information to the governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 5. Void Warrants [42661 - 42662] SECTION 42662. Source version: id_d457c5db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=5. The county superintendent of schools shall keep a record of all orders, or warrants which have become void. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42670. Source version: id_d4594c7f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. When any order against the funds of a school district is presented to the county superintendent of schools, and the order constitutes a valid claim against the funds of the district, and moneys are not available in the funds of the district from which to pay the order, he shall endorse on the order the words “Not approved for want of funds” and shall register the order in the records of his office. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42671. Source version: id_d4594c81-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. The county superintendent of schools shall number and date the registered order and shall transmit the registered order to the governing board of the school district which drew the order, and it shall deliver the registered order to the payee or his order. From the date of registration the registered order shall bear interest at the rate of 5 percent per annum until the date upon which notice is given, pursuant to this article, that the county superintendent of schools is ready to approve the registered order. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42672. Source version: id_d4594c83-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. Whenever moneys are available for the payment of the registered order the county superintendent of schools shall give notice, in a newspaper published in the county, or if there is no newspaper, by written notice posted at the courthouse, stating that he is ready to approve the order. The notice may list any number of registered orders of one or more districts for the payment of which moneys are available, giving the name or names of the district or districts and listing the registered orders in the order of registration for each district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42673. Source version: id_d45ad325-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. At the time of giving the notice the county superintendent of schools shall set aside in the funds of each district for a period of 60 days the amount necessary for the payment of the registered orders of the district listed in the notice. If any registered order is not presented to the county superintendent of schools for payment within 60 days after the notice has been given, and moneys are not available to pay the registered order at the time of presentation, it shall not be approved until money becomes available for that purpose and notice is again given that the county superintendent of schools is ready to pay it. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42674. Source version: id_d45ad327-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. The county superintendent of schools shall approve the registered orders of each district, and sign them as requisitions on the county auditor, in the order of their presentation. He shall enter on each the amount of interest due and the total amount, including principal and interest, payable. Each approved registered order shall thereupon be governed by the procedure established in this code relative to payments from school district funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42675. Source version: id_d45ad329-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. As an alternative to the method provided in Section 42674, when any corporation, firm, or person presents two or more registered orders for payment at the same time, registered on the same date, and issued against the funds of the same district, the registered orders may be approved, allowed, and consecutively numbered by the county superintendent of schools and the county auditor as requisitions and warrants on the funds of the district, and a special interest requisition may be issued by the county superintendent of schools against the funds of the district for the total amount of the interest payable on the registered orders. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42676. Source version: id_d45ad32b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. The special interest requisition shall bear upon its face substantially the following notation: “In full payment of interest due on warrants numbered __ to __, inclusive, of the ____ School District.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42677. Source version: id_d45ad32d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. The special interest requisition shall be numbered by the county superintendent of schools and county auditor, being given the number immediately succeeding the number assigned to the last of the requisitions and warrants referred to in Section 42675. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 6. Orders and Warrants When Moneys Are Not Available [42670 - 42678] SECTION 42678. Source version: id_d45ad32f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=6. The county superintendent of schools shall report to the county treasurer and the county auditor within 10 days after the end of each month the amount of the interest computed pursuant to this article. The report shall show each district for which interest has been computed, the numbers of the registered orders for which the interest is to be paid, and the total amount of the interest charged to each district. He shall also, upon transmitting to the governing board of any school district registered orders which have been approved and allowed as warrants against the funds of the district, report in writing to the clerk or secretary of the district the amount of interest computed on the registered orders and the numbers of the registered orders for which the interest is to be paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] SECTION 42690. Source version: id_d45c59d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=7. In lieu of the method provided in Article 6 (commencing with Section 42670) of this chapter for the registration of school district orders, the provisions of this article may be followed upon resolution adopted by the county board of supervisors of any county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] SECTION 42691. Source version: id_d45c59d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=7. When any order on school district funds is received by the county superintendent of schools and there is insufficient money in the fund or funds against which the order is drawn to pay the order in full, the county superintendent shall endorse on the order “to be registered for lack of sufficient funds,” sign, date, and number it as a requisition on the county auditor, and transmit the requisition to the county auditor. The county auditor shall endorse on the order “examined and allowed,” sign, date, and number it as a warrant on the county treasurer, and return the warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to his order. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] SECTION 42692. Source version: id_d45c59d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=7. When the warrant is presented to the county treasurer for payment, he shall endorse, register, advertise, and pay it, with interest at the rate of 5 percent per annum, in the manner prescribed, as nearly as may be, for county warrants in Sections 29821 to 29824, inclusive, and Sections 29826 and 29827 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] SECTION 42693. Source version: id_d45c59d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=7. If the warrants are not again presented for payment within 60 days from the time the notice provided for in Section 29823 of the Government Code is given, the fund set aside for the payment of the warrants shall be applied by the treasurer to the payment of unpaid warrants next in order of registry. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24. SCHOOL FINANCE [41000 - 43052] CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ARTICLE 7. Optional Method—Registering Warrants [42690 - 42694] SECTION 42694. Source version: id_d45c59db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.&chapter=9.&article=7. Within 10 days after the end of each month, the county auditor shall report to the superintendent of schools the amount of interest added to registered warrants and paid during the preceding month. The report shall show each district to whose registered warrants, paid during the month covered by the report, interest was added and the amount of the interest for the district. The superintendent of schools shall immediately report, in writing, to the clerk or secretary of each district for which interest was paid, the amount of the interest paid for the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24.6. Instruction Support Grants [43520 - 43525] CHAPTER 1. In-Person Instruction and Expanded Learning Opportunities Grants [43520 - 43525] SECTION 43520. Source version: id_1dd864e2-8028-11eb-8f2c-250e182bdcf0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.6.&chapter=1.&article= It is the intent of the Legislature that local educational agencies offer in-person instruction to the greatest extent possible during the 2020–21 school year, consistent with subdivision (b) of Section 43504, and, starting in the 2020–21 school year and continuing into the 2022–23 school year, expand in-person instructional time and provide academic interventions and pupil supports to address barriers to learning and accelerate progress to close learning gaps. The Legislature strongly encourages local educational agencies to prioritize pupils who would benefit the most from in-person instruction and who have been identified as needing integrated supports or academic interventions, including, but not limited to, pupils with disabilities, youth in foster care, homeless youth, English language learners, pupils from low-income families, pupils without access to a computing device, software, and high-speed internet necessary to participate in online instruction, disengaged pupils, credit-deficient high school pupils, pupils at risk of dropping out, pupils with failing grades, and pupils identified as needing social and mental health supports. (Added by Stats. 2021, Ch. 10, Sec. 2. (AB 86) Effective March 5, 2021. Inoperative June 30, 2026, pursuant to Section 43525. Repealed as of January 1, 2027, pursuant to Section 43525.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24.6. Instruction Support Grants [43520 - 43525] CHAPTER 1. In-Person Instruction and Expanded Learning Opportunities Grants [43520 - 43525] SECTION 43520.5. Source version: id_1dd864e4-8028-11eb-8f2c-250e182bdcf0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.6.&chapter=1.&article= For purposes of this chapter, the following definitions apply: (a) “Disengaged pupil” means a pupil identified for tiered reengagement strategies pursuant to paragraph (2) of subdivision (f) of Section 43504. (b) “Eligible for free or reduced-price meals” has the same meaning as in Section 42238.01. (c) “English learner” has the same meaning as in Section 42238.01. (d) “Foster youth” has the same meaning as in Section 42238.01. (e) “Homeless pupil” means a pupil who meets the definition of “homeless children and youths” in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). (f) (1) “In-person instruction” means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil. (2) In-person instruction may include hybrid models offering fewer than five days per week of in-person instruction, as described in paragraph (1), only if the local educational agency offers in-person instruction to the greatest extent possible pursuant to subdivision (b) of Section 43504. (g) “Individual with exceptional needs” has the same meaning as in Section 56026. (h) “Local educational agency” means a school district, county office of education, or charter school. (i) “Pupils at risk of abuse, neglect, or exploitation” means pupils who are so identified in a written referral from a legal, medical, or social service agency, or emergency shelter. (j) “Supplemental instruction” means the instructional programs provided in addition to and complementary to the regular instructional programs, including services provided pursuant to an individualized education program, offered or provided by a local educational agency. (k) “Support” means interventions provided as a supplement to those regularly provided, including services provided pursuant to an individualized education program, that are designed to meet pupils’ needs for behavioral, social, emotional, and other integrated pupil supports, in order to enable pupils to engage in and benefit from the supplemental instruction provided pursuant to this chapter. (Added by Stats. 2021, Ch. 10, Sec. 2. (AB 86) Effective March 5, 2021. Inoperative June 30, 2026, pursuant to Section 43525. Repealed as of January 1, 2027, pursuant to Section 43525.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24.6. Instruction Support Grants [43520 - 43525] CHAPTER 1. In-Person Instruction and Expanded Learning Opportunities Grants [43520 - 43525] SECTION 43521. Source version: id_594c2a72-1fdd-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.6.&chapter=1.&article= (a) The sum of four billion five hundred forty-one million one hundred thirteen thousand dollars ($4,541,113,000) from the General Fund, and the sum of two billion sixteen million three hundred thirty thousand dollars ($2,016,330,000) from the Federal Trust Fund, are hereby appropriated to the Superintendent for apportionment in the 2020–21 fiscal year pursuant to this chapter. Funds apportioned to eligible local educational agencies from the Federal Trust Fund pursuant to this subdivision shall be used for costs dating back to March 13, 2020, and be consistent with the terms, tracking and reporting requirements, and period of fund availability in accordance with federal law for all of the following: (1) Six hundred seventy million nine hundred sixty-three thousand dollars ($670,963,000) from the Elementary and Secondary School Emergency Relief Fund pursuant to the federal Coronavirus Response and Relief Supplemental Appropriations Act, 2021, (Public Law 116-260) available for obligation through September 30, 2023, unless otherwise provided in federal law. (2) One hundred fifty-three million nine hundred ninety-two thousand dollars ($153,992,000) from the Governor’s Emergency Education Relief Fund pursuant to the federal Coronavirus Response and Relief Supplemental Appropriations Act, 2021, (Public Law 116-260) available for obligation through September 30, 2023, unless otherwise provided in federal law. (3) Four hundred thirty-seven million three hundred ninety thousand dollars ($437,390,000) from the Elementary and Secondary School Emergency Relief Fund pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2) available for obligation through September 30, 2024, unless otherwise provided in federal law. For the purposes of Section 2001(f)(4) of the federal American Rescue Plan Act of 2021 (Public Law 117-2), this constitutes the state’s reserve of funds for emergency needs. (4) Seven hundred fifty-three million nine hundred eighty-five thousand dollars ($753,985,000) from the Elementary and Secondary School Emergency Relief Fund state level reservation to address learning loss, pursuant to the federal American Rescue Plan Act of 2021 (Public Law 117-2) available for obligation through September 30, 2024, unless otherwise provided in federal law. For the purposes of Section 2001(f)(1) of the federal American Rescue Plan Act of 2021 (Public Law 117-2), this constitutes the state’s reserve of funds to carry out activities to address learning loss. (b) Of the amount appropriated pursuant to subdivision (a), four billion five hundred fifty-seven million four hundred forty-three thousand dollars ($4,557,443,000) shall be apportioned to local educational agencies and state special schools in the following manner: (1) A local educational agency shall receive one thousand dollars ($1,000) per homeless pupil enrolled in the 2020–21 fiscal year as reported in the California Longitudinal Pupil Achievement Data System as of the 2020–21 Fall 1 Submission. (2) A state special school shall receive seven hundred twenty-five dollars ($725) for each unit of average daily attendance as of the 2020–21 second principal apportionment certification. The average daily attendance for each state special school shall be deemed to be 97 percent of the enrollment as reported in the California Longitudinal Pupil Achievement Data System as of the 2020–21 Fall 1 Submission. (3) (A) The funds remaining after the apportionments in paragraphs (1) and (2) shall be apportioned proportionally on the basis of a local educational agency’s local control funding formula entitlement determined as of the 2020–21 second principal apportionment certification, pursuant to Sections 42238.02 and 42238.025, or subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as applicable. For purposes of this paragraph, entitlements shall include apportionments allocated pursuant to Section 41544 and Article 7 (commencing with Section 48300) of Chapter 2 of Part 27. (B) Consistent with Section 2576, a county office of education’s local control funding formula entitlement for purposes of subparagraph (A) shall include funding that the Superintendent transferred to the county where a pupil is enrolled, equal to the amount calculated for the school district of residence pursuant to Section 42238.02 for each unit of average daily attendance credited to the school district of residence as of the 2020–21 second principal apportionment certification. (c) (1) Of the amount appropriated from the General Fund pursuant to subdivision (a), two billion dollars ($2,000,000,000) shall be apportioned to local educational agencies, excluding a charter school classified as a nonclassroom-based charter school as of the 2019–20 second principal apportionment certification pursuant to Section 47612.5, based on the apportionment methodology described in paragraph (3) of subdivision (b). (2) (A) A local educational agency’s apportionment of funds pursuant to paragraph (1) shall be reduced pursuant to subparagraph (B) if the local educational agency does not provide in-person instruction pursuant to paragraph (3). (B) (i) From April 1, 2021, to May 15, 2021, inclusive, a local educational agency’s apportionment of funds pursuant to paragraph (1) shall be reduced by 1 percent for each day of instruction provided for in the school calendar that the local educational agency does not provide in-person instruction pursuant to paragraph (3), as identified in the school calendar adopted for the 2020–21 school year that is in effect on March 1, 2021. (ii) If a local educational agency does not provide in-person instruction pursuant to paragraph (3) on or before May 15, 2021, it shall forfeit all funds apportioned pursuant to paragraph (1). (iii) If a local educational agency does not offer continuous in-person instruction for pupils pursuant to subparagraphs (A) to (C), inclusive, of paragraph (3) from when it commences offering in-person instruction through the end of the scheduled 2020–21 school year, unless otherwise ordered by a state or local health officer, it shall forfeit all funds apportioned pursuant to paragraph (1). The scheduled school year is the adopted school calendar for the 2020–21 school year that is in effect on March 1, 2021. (3) For purposes of this subdivision, a local educational agency shall be considered to be offering in-person instruction if it does at least all of the following: (A) For a local educational agency in a county in the purple tier pursuant to the State Department of Public Health’s Blueprint for a Safer Economy that is neither open nor eligible to open as defined in the COVID-19 industry sector guidance for schools and school-based programs, the local educational agency offers optional in-person instruction pursuant to the State Department of Public Health’s Guidance Related to Cohorts to all pupils who are individuals with exceptional needs, if consistent with each pupil’s individualized education program, and to all prioritized pupil groups described in paragraph (4), unless the number of pupils in the prioritized pupil groups seeking in-person instruction exceeds the practical capacity of a local educational agency to maintain health and safety pursuant to its COVID-19 safety plan, in which case the local educational agency may limit the number of pupils within the prioritized pupil groups that receive in-person instruction to its maximum practical capacity. (B) For elementary schools, for kindergarten and grades 1 to 6, inclusive, as applicable, the following applies: (i) For a local educational agency in a county in the purple tier pursuant to the State Department of Public Health’s Blueprint for a Safer Economy, when eligible pursuant to COVID-19 industry sector guidance for schools and school-based programs, the local educational agency offers optional in-person instruction to all pupils required to be offered in-person instruction pursuant to subparagraph (A), and to all pupils in kindergarten and grades 1 and 2. (ii) When eligible pursuant to COVID-19 industry sector guidance for schools and school-based programs to provide in-person instruction for kindergarten and grades 1 to 12, inclusive, the local educational agency offers optional in-person instruction to all pupils required to be offered in-person instruction pursuant to clause (i), and to all pupils in grade 3 through the highest elementary school grade, up to grade 6, inclusive. (C) For middle schools and high schools, for grades 6 to 12, inclusive, as applicable, when eligible pursuant to COVID-19 industry sector guidance for schools and school-based programs to provide in-person instruction for kindergarten and grades 1 to 12, inclusive, the local educational agency offers optional in-person instruction to all pupils required to be offered in-person instruction pursuant to subparagraph (A), and to all pupils in at least one full grade level. (D) (i) Except as provided in clause (ii), for a local educational agency in a county in the purple tier pursuant to the State Department of Public Health’s Blueprint for a Safer Economy, the local educational agency conducts asymptomatic testing for staff and pupils participating in in-person instruction consistent with the state-supported cadences set forth in the COVID-19 industry sector guidance for schools and school-based programs. (ii) The requirement in clause (i) does not apply if, on or before March 31, 2021, the local educational agency is providing in-person instruction or the governing board or body of the local educational agency has adopted a plan to provide in-person instruction and has publicly posted its COVID-19 safety plan on its internet website. A local educational agency in a county that moves from the purple tier into the red, orange, or yellow tier pursuant to the State Department of Public Health’s Blueprint for a Safer Economy, is not required to maintain asymptomatic testing for staff and pupils participating in in-person instruction consistent with the state-supported cadences set forth in the COVID-19 industry sector guidance for schools and school-based programs. (4) For the purposes of this subdivision, “prioritized pupil groups” shall include all of the following: (A) Pupils at risk for abuse, neglect, or exploitation. (B) Homeless pupils. (C) Foster youth. (D) English learners. (E) Pupils without access to a computing device, software, and high-speed internet necessary to participate in online instruction, as determined by the local educational agency. (F) Disengaged pupils. (5) On or before June 1, 2021, a local educational agency shall certify its compliance with paragraph (3) using a form the State Department of Education shall provide for this purpose. The State Department of Education shall make this form available publicly on its internet website on or before May 1, 2021. (6) (A) The State Department of Education’s calculation of a local educational agency’s apportionment of remaining state funds pursuant to subdivision (f) shall include a reduction equal to the amount of funds reduced pursuant to clause (i) of subparagraph (B) of paragraph (2) or forfeited pursuant to clause (ii) of subparagraph (B) of paragraph (2). (B) Any funds reduced pursuant to clause (i) of subparagraph (B) of paragraph (2) or forfeited pursuant to clause (ii) of subparagraph (B) of paragraph (2) shall be redistributed in the calculations made pursuant to paragraph (1). (d) A local educational agency receiving funds pursuant to this section shall comply with the requirements of Section 43503 for all pupils participating in distance learning, instructional time requirements pursuant to Section 43501 for the 2020–21 school year, and applicable instructional day requirements pursuant to Chapter 2 (commencing with Section 46100) of Part 26 of Division 4 for the 2021–22 school year. (e) Within 15 days of March 5, 2021, the State Department of Education shall notify each local educational agency and state special school of its estimated apportionments under subdivisions (b) and (c), as applicable. (f) (1) State funds apportioned to a local educational agency or state special school pursuant to this section shall be provided by the Controller to the local educational agency or state special school as follows: (A) In May 2021, an amount equal to 50 percent of the amount determined under subdivision (e) for the local educational agency or state special school using 2020–21 first principal apportionment certification data and 2020–21 preliminary California Longitudinal Pupil Achievement Data System Fall 1 data. (B) On or before December 31, 2021, the remaining amount of state funds owed under this section, after reductions pursuant to paragraph (6) of subdivision (c), to the local educational agency or state special school using 2020–21 second principal apportionment data and 2020–21 final California Longitudinal Pupil Achievement Data System Fall 1 data. If based on the final data, the amount paid by the Controller in May 2021 exceeds the amount of state funding owed to a local educational agency, the State Department of Education may offset the local educational agency’s monthly principal apportionment payment to recover the overpayment of state funds. (2) State funds apportioned to a local educational agency or state special school pursuant to this section shall be available for expenditure through September 30, 2024. Federal funds apportioned to a local educational agency or state special school pursuant to this section shall be available for expenditure pursuant to the period of fund availability specified in paragraphs (1) to (4), inclusive, of subdivision (a). (g) Neither the funding conditions or other requirements established in this chapter or Article 8 (commencing with Section 32090) of Chapter 1 of Part 19 of Division 1 of Title 1, nor the issuance of any nonmandatory guidance by the State Department of Public Health shall be construed as creating or establishing an affirmative obligation for a local educational agency to revise its completed COVID-19 safety plan that is publicly posted on its internet website on or before March 31, 2021. (h) Notwithstanding subdivisions (b) and (c), a charter school that has ceased operation on or before March 5, 2021, shall not be allocated funding pursuant to this section. (i) For purposes of apportionments made pursuant to this section from federal funds described in paragraphs (1) to (4), inclusive, of subdivision (a), funding for a locally funded charter school shall be included in the apportionment of the chartering authority. (j) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), one billion three hundred sixty-four million nine hundred thirty-one thousand dollars ($1,364,931,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2019–20 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2019–20 fiscal year. (2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), three billion one hundred seventy-six million one hundred eighty-two thousand dollars ($3,176,182,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2021, Ch. 252, Sec. 12. (AB 167) Effective September 23, 2021. Inoperative June 30, 2026, pursuant to Section 43525. Repealed as of January 1, 2027, pursuant to Section 43525.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24.6. Instruction Support Grants [43520 - 43525] CHAPTER 1. In-Person Instruction and Expanded Learning Opportunities Grants [43520 - 43525] SECTION 43522. Source version: id_5c5e4c74-1fdd-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.6.&chapter=1.&article= (a) (1) A local educational agency receiving funds under subdivision (b) of Section 43521 shall implement a learning recovery program that, at a minimum, provides supplemental instruction, support for social and emotional well-being, and, to the maximum extent permissible under the guidelines of the United States Department of Agriculture, meals and snacks to, at a minimum, pupils who are eligible for free or reduced-price meals, English learners, foster youth, homeless pupils, pupils who are individuals with exceptional needs, pupils at risk of abuse, neglect, or exploitation, disengaged pupils, and pupils who are below grade level, including, but not limited to, those who did not enroll in kindergarten in the 2020–21 school year, credit-deficient pupils, high school pupils at risk of not graduating, and other pupils identified by certificated staff. (2) Consistent with the plan created pursuant to subdivision (e), a local educational agency shall plan supplemental instruction and support in a tiered framework that bases universal, targeted, and intensive supports on pupils’ needs for academic, social-emotional, and other integrated pupil supports, and provides the services through a program of engaging learning experiences in a positive school climate. (b) Specifically, funds received under subdivision (b) of Section 43521 shall be expended only for any of the following purposes: (1) Notwithstanding Section 37202, instructional learning time in addition to what is required pursuant to Part 24.5 (commencing with Section 43500) of Division 3 for the 2020–21 school year and Chapter 2 (commencing with Section 46100) of Part 26 of, or Chapter 3 (commencing with Section 47610) of Part 26.8 of, Division 4, and Section 300.106 of Title 34 of the Code of Federal Regulations for the 2021–22 and the 2022–23 school years by increasing the number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other action that increases the amount of instructional time or services provided to pupils based on their learning needs. (2) Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of learning supports including, but not limited to, any of the following: (A) Tutoring or other one-on-one or small group learning supports provided by certificated or classified staff. (B) Learning recovery programs and materials designed to accelerate pupil academic proficiency, English language proficiency, or both. (C) Educator training, for both certificated and classified staff, in accelerated learning strategies and effectively addressing learning gaps, including training in facilitating quality and engaging learning opportunities for all pupils. (3) Integrated pupil supports to address other barriers to learning, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs. (4) Community learning hubs that provide pupils with access to technology, high-speed internet, and other academic supports. (5) Supports for credit deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility. (6) Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning. (7) Training for school staff on strategies, including trauma-informed practices, to engage pupils and families in addressing pupils’ social-emotional health needs and academic needs. (c) (1) (A) Of the funds apportioned under paragraph (3) of subdivision (b) of Section 43521, a local educational agency shall use at least 10 percent of its apportionment to hire paraprofessionals to provide supplemental instruction and support through the duration of this program, with a priority for full-time paraprofessionals. Supplemental instruction and support shall be prioritized for English learners and pupils who are individuals with exceptional needs. It is the intent of the Legislature that a local educational agency prioritize rehiring paraprofessionals subject to layoff or release after the expiration of the protections included for classified employees in Section 94 of Chapter 24 of the Statutes of 2020, and further increasing the number of paraprofessional staff to meet the requirements of this subdivision. (B) A local educational agency shall use the General Fund funds apportioned to it pursuant to subdivision (b) of Section 43521 to fulfill the requirements of subparagraph (A). (2) The department shall identify for each local educational agency the amount of funding received pursuant to paragraph (3) of subdivision (b) of Section 43521 that is required to be expended pursuant to this subdivision. (3) Funds expended pursuant to this subdivision shall count towards meeting the minimum use of funds requirement described in paragraph (1) of subdivision (d). (4) For purposes of this subdivision, “paraprofessional” has the same meaning as in subdivision (a) of Section 45330. (d) (1) Of the funds apportioned under subdivision (b) of Section 43521, a local educational agency shall use at least 85 percent of its apportionment for expenditures related to providing in-person services allowable pursuant to subdivision (b). (2) A local educational agency that has forfeited funding pursuant to clause (ii) or (iii) of subparagraph (B) of paragraph (2) of subdivision (c) of Section 43521 may expend up to 10 percent of funding received pursuant to subdivision (b) of Section 43521 in the 2020–21 school year to support school reopening for costs consistent with allowable uses under subdivision (f). Funds expended pursuant to this paragraph shall be considered “expenditures related to providing in-person services allowable pursuant to subdivision (b)” for purposes of paragraph (1). (3) Of the funds apportioned under subdivision (b) of Section 43521, a local educational agency may expend up to 15 percent to increase or improve services for pupils participating in distance learning or to support activities intended to prepare a local educational agency for in-person instruction, before in-person instructional services are offered. (e) (1) On or before June 1, 2021, the governing board or body of a local educational agency that receives funds under subdivision (b) of Section 43521 shall adopt at a public meeting a plan describing how the apportioned funds will be used in accordance with this section. Within 5 days of adoption, a school district shall submit the plan to its county office of education, a charter school shall submit its plan to its chartering authority, and a county office of education or a school district in a single-district county shall submit its plan to the department. A county office of education or a chartering authority shall send received plans to the Superintendent upon request. Local educational agencies shall provide an opportunity for parents and schoolsite staff to be involved in the development of the plan. (2) (A) Within 21 days of March 5, 2021, the Superintendent, with the concurrence of the executive director of the state board, shall develop and post on the department’s internet website a template for the plan required pursuant to paragraph (1). The template shall include all of the following: (i) A description of the local educational agency’s plan for assessing the needs of its pupils. (ii) A description of the local educational agency’s plan for informing the parents and guardians of all of its pupils requiring learning recovery supports of the availability of these opportunities, including in parents’ and guardians’ primary languages pursuant to Section 48985. (iii) A description of how the local educational agency involved parents and schoolsite staff, including classified and certificated staff, in the development of the plan. (iv) A description of how the local educational agency has planned supplemental instruction and support pursuant to paragraph (2) of subdivision (a). (v) The local educational agency’s expenditure plan for funds received under subdivision (b) of Section 43521 and how they will be coordinated with funds received from the federal Elementary and Secondary School Emergency Relief Fund provided through the federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (Public Law 116-260) that were received by the local educational agency. The expenditure plan shall include an indication of how much of the apportioned funds the local educational agency will allocate and expend for each allowable purpose pursuant to this section, and shall reflect both estimated and actual expenditures. Actual expenditures shall be reported when they are available. (B) The development of the template for the plan pursuant to subparagraph (A) shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (3) This subdivision does not preclude a local educational agency from receiving or expending funds apportioned under subdivision (b) of Section 43521 before the adoption of its plan pursuant to paragraph (1). (f) Funds apportioned under subdivision (c) of Section 43521 may be used for any purpose consistent with providing in-person instruction for any pupil participating in in-person instruction, including, but not limited to, COVID-19 testing, cleaning and disinfection, personal protective equipment, ventilation and other schoolsite upgrades necessary for health and safety, salaries for certificated or classified employees providing in-person instruction or services, and social and mental health support services provided in conjunction with in-person instruction. (g) A local educational agency and state special school apportioned funds under Section 43521 shall ensure all services delivered to pupils who are individuals with exceptional needs are delivered in accordance with an applicable individualized education program. (h) Local educational agencies are encouraged to engage, plan, and collaborate on program operation with community partners and expanded learning programs, and leverage existing behavioral health partnerships and Medi-Cal billing options, in the design and implementation of services provided under this section. (Amended by Stats. 2021, Ch. 252, Sec. 13. (AB 167) Effective September 23, 2021. Inoperative June 30, 2026, pursuant to Section 43525. Repealed as of January 1, 2027, pursuant to Section 43525.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24.6. Instruction Support Grants [43520 - 43525] CHAPTER 1. In-Person Instruction and Expanded Learning Opportunities Grants [43520 - 43525] SECTION 43523. Source version: id_a637487d-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.6.&chapter=1.&article= (a) For 2021–22 fiscal year audits, the Controller shall include instructions in the audit guide required by Section 14502.1 that include procedures for determining both of the following for local educational agencies that receive apportionments under Section 43521: (1) Compliance with clause (iii) of subparagraph (B) of paragraph (2) of subdivision (c) of Section 43521. (2) Compliance with subdivisions (c), (d), and (e) of Section 43522. (b) (1) For a local educational agency with audit findings of noncompliance pursuant to subdivision (c) of Section 43522, the Superintendent shall withhold from the local educational agency’s principal apportionment an amount equal to the amount of expenditures from state funds that are noncompliant pursuant to subdivision (c) of Section 43522. (2) For a local educational agency with audit findings of noncompliance pursuant to subdivision (d) of Section 43522, the Superintendent shall withhold from the local educational agency’s principal apportionment an amount equal to the amount of expenditures from state funds that are noncompliant pursuant to subdivision (d) of Section 43522. (c) Local educational agencies receiving apportionments under Section 43521 shall report final expenditures of those apportioned funds to the department in accordance with paragraphs (1) to (4), inclusive. A local educational agency that does not submit an expenditure report shall forfeit all respective funds apportioned pursuant to subdivision (b) or (c) of Section 43521. The Superintendent shall initiate collection proceedings for unexpended funds or forfeited amounts, and may withhold the unexpended or forfeited amounts from the local educational agency’s principal apportionment. Final expenditures shall be reported to the department as follows: (1) On or before January 31, 2025, final expenditures of state funds received pursuant to subdivision (b) of Section 43521. (2) On or before December 1, 2024, final expenditures of state funds received pursuant to subdivision (c) of Section 43521. (3) On or before June 30, 2024, final expenditures of federal funds received pursuant to paragraphs (1) and (2) of subdivision (a) of Section 43521, based on the allocation of funds pursuant to subdivision (b) of Section 43521. (4) On or before July 31, 2026, final expenditures of federal funds received pursuant to paragraphs (3) and (4) of subdivision (a) of Section 43521, based on the allocation of funds pursuant to subdivision (b) of Section 43521. (Amended by Stats. 2024, Ch. 38, Sec. 24. (SB 153) Effective June 29, 2024. Inoperative June 30, 2026, pursuant to Section 43525. Repealed as of January 1, 2027, pursuant to Section 43525.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24.6. Instruction Support Grants [43520 - 43525] CHAPTER 1. In-Person Instruction and Expanded Learning Opportunities Grants [43520 - 43525] SECTION 43524. Source version: id_1dd8b30c-8028-11eb-8f2c-250e182bdcf0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.6.&chapter=1.&article= The requirements of this chapter shall not be waived by the state board pursuant to Section 33050 or any other law. (Added by Stats. 2021, Ch. 10, Sec. 2. (AB 86) Effective March 5, 2021. Inoperative June 30, 2026, pursuant to Section 43525. Repealed as of January 1, 2027, pursuant to Section 43525.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 24.6. Instruction Support Grants [43520 - 43525] CHAPTER 1. In-Person Instruction and Expanded Learning Opportunities Grants [43520 - 43525] SECTION 43525. Source version: id_a96a38ef-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=24.6.&chapter=1.&article= This part shall become inoperative on June 30, 2026, and, as of January 1, 2027, is repealed. (Amended by Stats. 2024, Ch. 38, Sec. 25. (SB 153) Effective June 29, 2024. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Part 24.6, commencing with Section 43520.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44000. Source version: id_d477f8ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. Unless the context otherwise requires, the definitions set forth in Sections 44000 to 44012, inclusive, shall govern the construction of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44000.5. Source version: id_d4797f4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. An “adverse action” means the denial of an application for a credential, a private admonition, or public reproval of a credential holder, or the suspension or revocation of a credential. (Added by Stats. 2001, Ch. 342, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44001. Source version: id_d4797f4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. “Education position” or “position requiring certification qualifications” includes every type of service for which certification qualifications are established by or pursuant to Sections 44000 to 44012, inclusive, Section 44065, and Chapter 2 (commencing with Section 44200) of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44001.1. Source version: id_d4797f51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. “Commission” means the Commission on Teacher Credentialing. (Added by Stats. 1997, Ch. 937, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44001.2. Source version: id_d4797f53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. “Superintendent” means the Superintendent of Public Instruction. (Added by Stats. 1997, Ch. 937, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44002. Source version: id_d4797f55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. A “credential” includes a credential, certificate, life document, life diploma, permit, certificate of clearance, or waiver issued by the commission. (Amended by Stats. 2001, Ch. 342, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44003. Source version: id_d4797f57-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. A “life diploma” is a document issued on the basis of a credential upon completion by the applicant of specified requirements. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44004. Source version: id_d4797f59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. The word “certificate” used as a noun refers to the document issued by a county board of education to license the holder to perform the service specified in the certificate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44005. Source version: id_d4797f5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. The word “certificate” used as a verb refers to the act of licensing individuals for employment in educational positions. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44006. Source version: id_d47b05fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. The term “certificated person” refers to a person who holds one or more documents such as a certificate, a credential, or a life diploma, which singly or in combination license the holder to engage in the school service designated in the document or documents. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44007. Source version: id_d47b05ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. The term “certification document” as used in this code includes only certificates, credentials and life diplomas. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44008. Source version: id_d47b0601-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. (a) Except as provided in subdivision (b) of this section, a termination of probation and dismissal of an accusation or information pursuant to Section 1203.4 of the Penal Code shall not, for the purpose of this division, have any effect. (b) Notwithstanding any other provision of this code, no person shall be denied a hearing solely on the basis that he has been convicted of a crime if he has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code, and if his probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44009. Source version: id_9339db46-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. (a) A plea or verdict of guilty or finding of guilt by a court in a trial without a jury, or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of Sections 44242.5, 44345, 44346, 44346.1, 44424, and 44425, irrespective of a subsequent order for probation suspending the imposition of a sentence or an order under Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. (b) The record of a narcotics offense, as defined in Section 44011, shall be sufficient proof of conviction of a crime involving moral turpitude for the purposes of Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, relating to the dismissal of permanent employees. (c) A plea or verdict of guilty, or finding of guilt by a court in a trial without a jury, or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of Sections 44836 and 45123, irrespective of a subsequent order for probation suspending the imposition of a sentence or an order under Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. The record of conviction shall be sufficient proof of conviction of a crime involving moral turpitude for the purposes of Section 44907 and Sections 44932 to 44947, inclusive, relating to the dismissal of permanent employees. (Amended by Stats. 2008, Ch. 577, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44010. Source version: id_e53a580e-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. “Sex offense,” as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below: (a) An offense defined in Section 220, 261, 261.5, 288.2, 288.3, 288.4, subdivision (c) of Section 290, Section 311.2, 313.1, 647b, subdivision (a) or (d) of Section 647, or paragraph (2) of subdivision (c) of Section 647.6, of the Penal Code. (b) An offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961. (c) An offense defined in Section 314 of the Penal Code committed on or after September 15, 1961. (d) An offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961. (e) An offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961. (f) An offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961. (g) An offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 1975–76 Regular Session of the Legislature committed before the effective date of the amendment. (h) An attempt to commit any of the offenses specified in this section. (i) An offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section. (j) A conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code. (k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981. (Amended by Stats. 2025, Ch. 460, Sec. 5. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44011. Source version: id_d47c8ca7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. “Controlled substance offense” as used in Sections 44346, 44425, 44436, 44836, and 45123 means any one or more of the following offenses: (a) Any offense in Sections 11350 to 11355, inclusive, 11361, 11366, 11368, 11377 to 11382, inclusive, and 11550 of the Health and Safety Code. (b) Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the above-mentioned offenses. (c) Any offense committed under former Sections 11500 to 11503, inclusive, 11557, 11715, and 11721 of the Health and Safety Code. (d) Any attempt to commit any of the above-mentioned offenses. (Amended by Stats. 1992, Ch. 272, Sec. 2. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44012. Source version: id_d47c8ca9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. Any record of conviction of any applicant for, or holder of, a certification document, shall, for the purposes of this division, be admissible in evidence in any civil action or administrative proceedings pertaining to the issuance, suspension or revocation of such certification document, any provision of law to the contrary notwithstanding. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44013. Source version: id_d47c8cab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. (a) “Educator” means a certificated person holding a valid California teaching credential or a valid California services credential issued by the commission who is employed by a local education agency or by a special education local planning area and who is not employed as an independent contractor or consultant. (b) The definition of educator as set forth in subdivision (a) does not apply to a person participating in a program enacted by statute prior to January 1, 2004. (c) The definition of educator as set forth in subdivision (a) applies to a person participating in a program enacted by statute on or after January 1, 2004, only if the statute implementing the program expressly references this section. (Added by Stats. 2003, Ch. 567, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44014. Source version: id_d47c8cad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. (a) Whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of any person under whose direction or supervision the employee is employed in the public school system who has knowledge of the incident, to promptly report the incident to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make the report shall be an infraction punishable by a fine of not more than one thousand dollars ($1,000). (b) Compliance with school district governing board procedures relating to the reporting of, or facilitation of reporting of, the incidents specified in subdivision (a) shall not exempt a person under a duty to make the report prescribed by subdivision (a) from making the report. (c) A member of the governing board of a school district, a county superintendent of schools, or an employee of any school district or the office of any county superintendent of schools, shall not directly or indirectly inhibit or impede the making of the report prescribed by subdivision (a) by a person under a duty to make the report. An act to inhibit or impede the making of a report shall be an infraction, and shall be punishable by a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (d) Neither the governing board of a school district, a member of the governing board, a county superintendent of schools, nor an employee of a school district or of the office of any county superintendent of schools shall impose any sanctions against a person under a duty to make the report prescribed by subdivision (a) for making the report. (Amended by Stats. 1996, Ch. 17, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44015. Source version: id_d47c8caf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. (a) The governing board of a school district may make awards to employees who do any of the following: (1) Propose procedures or ideas that thereafter are adopted and effectuated, and that result in eliminating or reducing district expenditures or improving operations. (2) Perform special acts or special services in the public interest. (3) By their superior accomplishments, make exceptional contributions to the efficiency, economy, or other improvement in operations of the school district. (b) The governing board of a school district may make awards to pupils for excellence. Before any awards are made pursuant to this section, the governing board shall adopt rules and regulations. The board may appoint one or more merit award committees made up of district officers, district employees, or private citizens to consider employee proposals, special acts, special services, or superior accomplishments and to act affirmatively or negatively thereon or to provide appropriate recommendations thereon to the board. Any award granted under the provisions of this section that may be made by an awards committee under appropriate district rules, shall not exceed two hundred dollars ($200), unless a larger award is expressly approved by the governing board. When an awards program is established in a school district pursuant to this section, the governing board shall budget funds for this purpose but may authorize awards from funds under its control whether or not budgeted funds have been provided or the funds budgeted are exhausted. (Amended by Stats. 1987, Ch. 1452, Sec. 360.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44015.1. Source version: id_312f929e-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. In observance of the importance of educational leadership at the school, school district, and county levels, the second full week in the month of October of each year shall be designated as “Week of the School Administrator.” Schools, school districts, and county superintendents of schools are encouraged to observe the week with public recognition of the contribution that school administrators make to successful pupil achievement. (Amended by Stats. 2014, Ch. 69, Sec. 1. (SB 1229) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44016. Source version: id_d47e1253-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. Whenever any person is requested by a school district to travel to the headquarters of such district for the purpose of being interviewed and examined prior to possible employment, the district may reimburse such candidate for expenses necessarily incurred in traveling from his place of residence to the place of interview or examination. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44017. Source version: id_d47e1255-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. Notwithstanding any provision of law to the contrary, a school district may, from funds under its jurisdiction, pay the surviving spouse of any employee who is murdered while in the course of his employment the amount that the deceased would have received if he had lived to complete the time remaining in his contract with the district. This section shall be applicable to the surviving spouse of any such employee who was murdered during or after the 1973–74 school year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44018. Source version: id_d47e1257-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. (a) In addition to the benefits provided pursuant to Sections 395.01 and 395.02 of the Military and Veterans Code, any employee of a school district who, as a member of the California National Guard or a United States Military Reserve organization, is called into active military duty, may receive, on approval of the governing board of the school district, the benefits provided for in subdivision (b). (b) Any employee to which subdivision (a) applies, while on active duty, may receive from the school employer, for a period not to exceed 180 calendar days, as part of his or her compensation, all of the following: (1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as an employee, including any merit raises that would otherwise have been granted during the time the individual was on active military duty. (2) All benefits that he or she would have received had he or she not been called to active military duty unless the benefits are prohibited or limited by vendor contracts. (c) The credential of a certificated employee may not become invalid for failure to renew while the employee, as a member of the California National Guard or a United States Military Reserve organization, is on active military duty. A certificated employee shall have a period of 120 days after the end of his or her active military duty to renew the credential. (Amended by Stats. 2003, Ch. 783, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 1. General Provisions [44000 - 44020] SECTION 44020. Source version: id_d47f98f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=1. Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall notify, in writing, the parents or guardians who reside with each pupil of that school whenever that school hires an employee who, in the course of his or her employment, will come in contact with minor pupils and who has been convicted of a sex offense, as defined in Section 44010. Notwithstanding any other provision of law, any person who conveys or receives information in good-faith conformity with this section is exempt from prosecution under Section 11142 or 11143 of the Penal Code for that conveying or receiving of information. (Added by Stats. 1996, Ch. 1074, Sec. 2. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44030. Source version: id_d47f98fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. Any principal, teacher, employee, or school officer of any elementary or secondary school who refuses or willfully neglects to make such reports as are required by law is guilty of a misdemeanor and is punishable by a fine of not more than one hundred dollars ($100). (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44030.5. Source version: id_7c760b7a-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) The superintendent of a school district or county office of education, or the administrator of a charter school, employing a person with a credential shall report any change in the employment status of the credentialholder to the commission not later than 30 days after the change in employment status, if the credentialholder, while working in a position requiring a credential, and as a result of an allegation of misconduct or while an allegation of misconduct is pending, is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy. (b) For purposes of subdivision (a), a change of employment status due solely to unsatisfactory performance pursuant to paragraph (4) of subdivision (a) of Section 44932 or a reduction in force pursuant to Sections 44955 to 44958, inclusive, is not a result of an allegation of misconduct. (c) The failure to make the report required by subdivision (a) is unprofessional conduct and may subject the superintendent of the school district or county office of education, or the administrator of a charter school, to adverse action by the commission. (d) (1) Notwithstanding Section 44030, refusing or willfully neglecting to make the report required by subdivision (a) is a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) or more than one thousand dollars ($1,000). (2) All fines imposed pursuant to this subdivision are the personal responsibility of the superintendent of the school district or county office of education, or the administrator of a charter school, and may not be paid or reimbursed with public funds. (Added by Stats. 2013, Ch. 232, Sec. 1. (AB 449) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44031. Source version: id_d47f98ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code. (b) In addition to subdivision (a), all of the following shall apply to an employee of a school district: (1) Information of a derogatory nature shall not be entered into an employee’s personnel records unless and until the employee is given notice and an opportunity to review and comment on that information. The employee shall have the right to enter, and have attached to any derogatory statement, his or her own comments. The review shall take place during normal business hours and the employee shall be released from duties for this purpose without salary reduction. (2) The employee shall not have the right to inspect personnel records at a time when the employee is actually required to render services to the district. (3) A noncredentialed employee shall have access to his or her numerical scores obtained as a result of a written examination. (4) Except as provided in paragraph (3), nothing in this section shall entitle an employee to review ratings, reports, or records that (A) were obtained prior to the employment of the person involved, (B) were prepared by identifiable examination committee members, or (C) were obtained in connection with a promotional examination. (Repealed and added by Stats. 2000, Ch. 886, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44032. Source version: id_d4811fa1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. The governing board of any school district shall provide for the payment of the actual and necessary expenses, including traveling expenses, of any employee of the district incurred in the course of performing services for the district, whether within or outside the district, under the direction of the governing board. (Amended by Stats. 1987, Ch. 1452, Sec. 361.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44033. Source version: id_d4811fa3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. The governing board of any school district may provide for the reimbursement of employees of the district for the use of automobiles owned by the employees and used in the performance of regularly assigned duties, by establishing an allowance for such use on a mileage or monthly basis. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44034. Source version: id_d4811fa5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. Any classroom teacher who, in the interest of improving his or her personal teaching techniques, wishes to use an audio recording device in a classroom to record classroom instructional presentations, may employ that device without the necessity of obtaining the approval of the school principal or other school officials. (Added by Stats. 1985, Ch. 332, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44035. Source version: id_d4811fa7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. Every permanent employee of a school district which becomes in its entirety a part of a unified school district, and every permanent employee of a school district employed in a school located in a portion of a district which becomes a part of a unified school district, where the whole of the district does not become a part of a unified school district, shall become a permanent employee of the unified school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44036. Source version: id_d482a649-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) The governing board of a school district may grant leaves of absence to employees to appear as a witness in court other than as a litigant or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee. (b) The governing board of a school district may grant leaves of absence to employees, in positions requiring certification qualifications, regularly called for jury duty in the manner provided for by law. (c) The governing board may grant such leaves of absence with pay up to the amount of the difference between the employee’s regular earnings and any amount he receives for jury or witness fees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44037. Source version: id_d482a64b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. The governing board of any district shall grant leave of absence to any employee, serving in a position not requiring certification qualifications, regularly called for jury duty in the manner provided for by law. The governing board shall grant such leave with pay up to the amount of the difference between the employee’s regular earnings and any amount he receives as juror’s fees. It is unlawful for the governing board or personnel commission of any school district to adopt or maintain any rule, regulation, or policy which has as its purpose or effect a tendency to encourage employees to seek exemption from jury duty, or to directly or by indirection solicit or suggest to any employee that he seek exemption from jury duty, or to discriminate against any employee with respect to assignment, employment, promotion, or in any other manner because of such employee’s service on any jury panel. The board or personnel commission may, however, provide by rule that only a percentage of its staff, which percentage shall not be less than 2 percent, shall be granted such leave, with pay, at any one time. Nothing in the foregoing provisions shall preclude the district superintendent or his agent from discussing with the affected employee the practicality of seeking exemption when acceptance would tend to materially disrupt the district’s operations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44038. Source version: id_d482a64d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. The governing board of any school district may use school district funds for cash deposits, when required to guarantee payment for transportation purchased on credit for school district employees or other representatives who are directed by the governing board to travel on school district business. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44039. Source version: id_d482a64f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. The governing board of any school district may use school district funds for cash deposits, when required to guarantee payment for health plans purchased on credit for school district employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44039.5. Source version: id_d482a651-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. No contract with any insurer or other employee welfare benefit provider shall be approved or renewed if an administrative employee of a school district, as defined pursuant to subdivision (d) of Section 33150, or any employee organization, as defined pursuant to subdivision (d) of Section 3540.1 of the Government Code, or any employee or agent thereof, has a direct financial interest in any plan or program which is being approved or renewed. The provisions of this section shall not apply to any employee welfare benefit fund jointly administered by one or more employers and one or more employee organizations or to any employee welfare benefit fund established by the school district for the purpose of self insuring. As used in this section, “direct financial interest” means the receipt of or entitlement to a commission, fee, or other remuneration, including the payment of fees for administrative services rendered on behalf of such plans. (Added by Stats. 1978, Ch. 433.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44040. Source version: id_d482a653-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. It shall be unlawful for any person authorized to invoke disciplinary action against any employee of a school district or employee in the office of the county superintendent of schools either in his individual capacity or as a member of any board, to invoke or attempt to invoke disciplinary action against any such employee or to discriminate against such employee in the terms, conditions and privileges of employment solely because of the employee’s appearance before the governing board of a school district, the county board of education, legislative committees, or any other duly constituted governmental board, commission or council, whether such appearance was undertaken voluntarily or otherwise. Violation of the provisions of this section shall be a misdemeanor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44041. Source version: id_bd037096-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) (1) The governing board of each school district when drawing an order for the salary payment due to employees of the district shall, without charge, reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for any or all of the following purposes: (A) Paying premiums on any policy or certificate of group life insurance for the benefit of the employee or for group disability insurance, or legal expense insurance, or any of them, for the benefit of the employee or his or her dependents issued by an admitted insurer on a form of policy or certificate approved by the Insurance Commissioner. (B) Paying rates, dues, fees, or other periodic charges on any hospital service contract for the benefit of the employee, or his or her dependents, issued by a nonprofit hospital service corporation on a form approved by the Insurance Commissioner pursuant to the former provisions of Chapter 11A (commencing with Section 11491) of Part 2 of Division 2 of the Insurance Code. (C) Paying periodic charges on any medical and hospital service agreement or contract for the benefit of the employee, or his or her dependents, issued by a nonprofit corporation subject to Part 2 (commencing with Section 5110) of, Part 3 (commencing with Section 7110) of, or Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of the Corporations Code. (D) Paying periodic charges on any legal services contract for the benefit of the employee, or his or her dependents issued by a nonprofit corporation subject to Part 3 (commencing with Section 7110) of, or Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of the Corporations Code. (2) The requirements of this subdivision shall not apply to subdivision (b). (b) For purposes of a deferred compensation plan authorized by Section 403(b) or 457 of the Internal Revenue Code or an annuity program authorized by Section 403(b) of the Internal Revenue Code that is offered by the school district which provides for investments in corporate stocks, bonds, securities, mutual funds, or annuities, except as prohibited by the California Constitution, the governing board of each school district when drawing an order for the salary payment due to an employee of the district shall, with or without charge, reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for participating in a deferred compensation plan or annuity program offered by the school district. The governing board shall determine the cost of performing the requested deduction and may collect that cost from the organization, entity, or employee requesting or authorizing the deduction. For purposes of this subdivision, the governing board of a school district is entitled to include in the amounts reducing the order the costs of any compliance or administrative services that are required to perform the requested deduction in compliance with federal or state law, and may collect these costs from the participating employee, the employee’s participant account, or the organization or entity authorizing the deduction. (c) The governing board of the district shall, beginning with the month designated by the employee and each month thereafter until authorization for the deduction is revoked, draw its order upon the funds of the district in favor of the insurer which has issued the policies or certificates or in favor of the nonprofit hospital service corporation which has issued hospital service contracts, or in favor of the nonprofit corporation which has issued medical and hospital service or legal service agreements or contracts, for an amount equal to the total of the respective deductions therefor made during the month. The governing board may require that the employee submit his or her authorization for the deduction up to one month in advance of the effective date of coverage. (d) “Group insurance” as used in this section shall mean only a bona fide group program of life or disability or life and disability insurance where a master contract is held by the school district or an employee organization but it shall, nevertheless, include annuity programs authorized by Section 403(b) of the Internal Revenue Code when approved by the governing board. (Amended by Stats. 2007, Ch. 323, Sec. 19. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44041.5. Source version: id_bd5f7348-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) For purposes of this section, the following definitions shall apply: (1) “Annuity contract” means an annuity contract described in Section 403(b) of the Internal Revenue Code that is available to employees as described in Section 770.3 of the Insurance Code. (2) “Custodial account” means a custodial account described in Section 403(b)(7) of the Internal Revenue Code. (3) “Deferred compensation plan” means a plan described in Section 457 of the Internal Revenue Code. (4) “Employer” means a school district or county office of education. (5) “Third-party administrator” means a person or entity that provides administrative or compliance services to an employer as described in subdivision (b). (b) An employer may enter into a written contract with a third-party administrator for services regarding an annuity contract and custodial account or a deferred compensation plan provided by the employer. That contract may include any of the following: (1) Services to ensure compliance with either Section 403(b) of the Internal Revenue Code regarding the annuity contract and custodial account or Section 457 of the Internal Revenue Code regarding a deferred compensation plan, including, but not limited to, any of the following: (A) Administer and maintain written plan documents governing the employer’s plan. (B) Review and authorize hardship withdrawal requests under Section 403(b) of the Internal Revenue Code, transfer requests, loan requests, unforeseeable emergency withdrawals under Section 457 of the Internal Revenue Code and other disbursements permitted under either Section 403(b) or 457 of the Internal Revenue Code. (C) Review and determine domestic relations orders as qualified domestic relations orders as described in Section 414(p) of the Internal Revenue Code. (D) Provide notice to eligible employees that is consistent with Title 26 of the Code of Federal Regulations that those employees may participate in an annuity contract and custodial account. (E) Administer and maintain specimen salary reduction agreements for the employer and employees of that employer to initiate payroll deferrals. (F) Monitor, from information provided either directly from the employee, as part of the common remitting services provided pursuant to paragraph (2), through information provided by the employer, or through information provided by vendors authorized by the employer to provide investment products, the maximum contributions allowed by employees participating in either the annuity contract and custodial account as described in Sections 402(g), 414(v), and 415 of the Internal Revenue Code or the deferred compensation plan as described in Section 414(v) or 457 of the Internal Revenue Code. (G) Calculate and maintain vesting information for contributions made by the employer to the annuity contract and custodial account or deferred compensation plan. (H) Identify and notify employees that are required to take a minimum distribution of the funds in that employee’s annuity contract and custodial account or deferred compensation plan as described in Section 401(a)(9) of the Internal Revenue Code. (I) Coordinate responses to the Internal Revenue Service if there is an Internal Revenue Service audit of the annuity contract and custodial account or deferred compensation plan. (2) Services to administer the annuity contract and custodial account or a deferred compensation plan that includes, but is not limited to, all of the following: (A) Common remitting services. (B) General educational information to employees about the annuity contract and custodial account or the deferred compensation plan that includes, but is not limited to, the enrollment process, program eligibility, and investment options. (C) Internal reports for the employer to ensure compliance with either Section 403(b) or 457 of the Internal Revenue Code and compliance with Title 26 of the Code of Federal Regulations. (D) Consulting services related to the design, operation, and administration of the plan. (E) Internal audits, on behalf of an employer, of a provider’s plan compliance procedures with respect to the provider’s annuity contract or custodial account offered under the employer’s plan. These audits shall not be conducted more than once per year for any provider’s plan unless documented evidence indicates a problem in complying with either Section 403(b) or 457 of the Internal Revenue Code. (c) (1) If an employer elects to contract with a third-party administrator for the administrative or compliance services to employers described in subdivision (b), the employer shall do all of the following: (A) Require the third-party administrator to provide proof of liability insurance and a fidelity bond in an amount determined by the employer to be sufficient to protect the assets of participants and beneficiaries in the annuity contract and custodial account or deferred compensation plan. (B) Require the third-party administrator to provide evidence of a safe chain-of-custody of assets process for ensuring fulfillment of fiduciary responsibilities and timely placement of participant investments. (C) Require evidence, if the third-party administrator is related to or affiliated with a provider of investment products pursuant to Section 403(b) or 457 of the Internal Revenue Code, that data generated from the services provided by the third-party administrator are maintained in a manner that prevents the provider of investment products from accessing that data unless access to the data is required to provide the services in accordance with the contract entered into with the employer pursuant to subdivision (b). (2) This subdivision shall apply to any administrative or compliance services provided pursuant to a contract for services between an employer and the State Teachers’ Retirement System if the system does not contract with a third-party administrator to provide those administrative and compliance services on behalf of the system. (d) A third-party administrator shall disclose to any employer seeking his or her services any fees, commissions, cost offsets, reimbursements, or marketing or promotional items received by the administrator, a related entity, or a representative or agent of the administrator or related entity from any plan provider selected as a vendor of a annuity contract, custodial account, or deferred compensation plan by the employer. A third-party administrator that is affiliated with or has a contractual relationship with a provider of annuity contracts, custodial accounts, or deferred compensation plans shall disclose the existence of the relationship to each employer and each individual participant in the annuity contract, custodial account or deferred compensation plan. (e) Any personal information obtained by the third-party administrator in providing services pursuant to this section shall be used by the third-party administrator only to provide those services for the employer in accordance with the contract entered into with the employer pursuant to subdivision (b). (f) Nothing in this section shall be construed to interfere with either of the following: (1) The rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (2) The ability of the employer to establish nonarbitrary requirements upon providers of an annuity contract that, in the employer’s discretion, aid in the administration of its benefit programs and do not unreasonably discriminate against any provider of an annuity contract or interfere with the rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (g) This section shall not apply to any services provided by a third-party administrator pursuant to a contract for services between an employer and the State Teachers’ Retirement System. Any services provided by a third-party administrator pursuant to a contract for services between an employer and the State Teachers’ Retirement System shall be subject to either Section 24953, in the case of an annuity contract or custodial account, or Section 24977, in the case of a deferred compensation plan. (Amended by Stats. 2007, Ch. 130, Sec. 70. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44042. Source version: id_d4842cf7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. School districts may, but shall not be required to, provide payroll deduction for the collection of insurance premiums except as expressly authorized by Section 44041. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44042.5. Source version: id_1baf365d-5315-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) (1) When a school employer determines a wage overpayment has been made to a school employee, it shall notify the employee in writing of the overpayment, afford the employee an opportunity to respond before commencing recoupment actions, and inform the school employee of their rights specified in paragraph (4). If the school employee agrees that the school employer overpaid them in the claimed amount, reimbursement shall be made to the school employer through one of the following methods mutually agreed to by the employee and the school employer: (A) Cash payment or cash installment payments. (B) Installment payments through payroll deduction covering at least the same number of pay periods in which the error occurred. (C) The adjustment of appropriate leave credits or compensating time off, provided that the overpayment involves the accrual or crediting of leave credits such as vacation, annual leave, holiday leave, or compensating time off. Any errors in sick leave balances shall only be adjusted with sick leave credits. (2) Installment payment amounts deducted from an employee’s salary or wages pursuant to paragraph (1), except as provided in subdivision (b), shall not exceed the amounts specified in Section 706.050 of the Code of Civil Procedure. (3) Absent mutual agreement on a method of reimbursement pursuant to paragraph (1), within 30 days of the school employee verifying the overpayment amount the school employer shall proceed with recoupment pursuant to subparagraph (B) of paragraph (1). (4) If a school employee disputes the existence or amount of a school employer’s claimed overpayment made to the school employee, the school employer shall first initiate a legal action and obtain a court order or a binding arbitration decision validating the claimed overpayment amount before it may recover the overpayment amount. For purposes of this paragraph, binding arbitration may apply only when a memorandum of understanding between the school employer and an exclusive representative of the school employee sets forth procedures for adjudicating wage overpayment disputes that, at a minimum, meet the requirements and protections for school employees set forth in this section. If in court the school employee is represented by counsel supplied by the exclusive representative designated under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code), then the provisions of subdivision (b) of Section 3543.8 of the Government Code shall apply to that litigation. (b) A school employee who is separated from employment before full repayment of the overpayment amount owed pursuant to subdivision (a) shall have an amount sufficient to provide full repayment withheld from any money owed to the employee upon separation, provided that the state minimum wage is still paid to the school employee. If the amount of money owed to the employee upon separation is insufficient to provide full reimbursement to the school employer, the school employer shall have the right to exercise any and all other legal means to recover the additional amount owed. (c) A legal action shall not be taken by the school employer pursuant to this section to recover an overpayment unless the action is initiated within three years from the date of overpayment. The school employer shall not recover overpayments made to a school employee more than three years before the school employer initiates the action. If an overpayment involves leave credits, the date of overpayment is the date that the school employee receives compensation in exchange for leave erroneously credited to the employee. For purposes of this section, leave hours are considered exchanged for compensation in the order they were credited. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, that was in effect on July 31, 2022, the memorandum of understanding shall be controlling until the expiration or renewal of the memorandum of understanding. (e) For purposes of this section, “school employer” means the applicable administrative entity of any of the following: (1) School district. (2) County office of education. (3) Charter school. (Amended by Stats. 2023, Ch. 194, Sec. 10. (SB 141) Effective September 13, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44043. Source version: id_d4842cf9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. Any school employee of a school district who is absent because of injury or illness which arose out of and in the course of the person’s employment, and for which the person is receiving temporary disability benefits under the workers’ compensation laws of this state, shall not be entitled to receive wages or salary from the district which, when added to the temporary disability benefits, will exceed a full day’s wages or salary. During such periods of temporary disability so long as the employee has available for the employee’s use sick leave, vacation, compensating time off or other paid leave of absence, the district shall require that temporary disability checks be endorsed payable to the district. The district shall then cause the employee to receive the person’s normal wage or salary less appropriate deductions including but not limited to employee retirement contributions. When sick leave, vacation, compensating time off or other available paid leave is used in conjunction with temporary disability benefits derived from workers’ compensation, as provided in this section, it shall be reduced only in that amount necessary to provide a full day’s wage or salary when added to the temporary disability benefits. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44043.5. Source version: id_40d32c6e-6e22-11f0-95c0-d9b9e1d1418a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit employees of that school district, county office of education, or charter school to donate eligible leave credits to an employee when that employee or a member of the employee’s family suffers from a catastrophic illness or injury. (b) For the purposes of this section, the following definitions apply: (1) “Catastrophic illness” or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because they have exhausted all of their sick leave and other paid time off. (2) “Eligible leave credits” means vacation leave and sick leave accrued to the donating employee. (c) Eligible leave credits may be donated to an employee for purposes of subdivision (a) if all of the following requirements are met: (1) The employee, who is, or whose family member is, suffering from a catastrophic illness or injury, requests that eligible leave credits be donated and provides verification of catastrophic injury or illness as required by the governing board or body of the school district, county office of education, or charter school in which the employee is employed. (2) The governing board or body of the school district, county office of education, or charter school determines that the employee is unable to work due to the employee’s or their family member’s catastrophic illness or injury. (3) The employee has exhausted all accrued paid leave credits. (d) If the transfer of eligible leave credits is approved by the governing board or body of the school district, county office of education, or charter school, any employee may, upon written notice to the governing board or body of the school district, county office of education, or charter school, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter. (e) The governing board or body of a school district, county office of education, or charter school that provides a catastrophic leave program pursuant to this section shall adopt rules and regulations for the administration of this section, including, but not limited to, the following: (1) The maximum amount of time for which donated leave credits may be used, but not to exceed use for a maximum period of 12 consecutive months. (2) The verification of catastrophic injury or illness required pursuant to paragraph (1) of subdivision (c). (3) Making all transfers of eligible leave credit irrevocable. (f) An employee who receives paid leave pursuant to subdivision (c) shall use any leave credits that they continue to accrue on a monthly basis before receiving paid leave pursuant to this section. (g) Notwithstanding this section, the governing board or body of a school district, county office of education, or charter school and an exclusive bargaining representative of employees in that school district, county office of education, or charter school may agree to include in any collective bargaining agreement, a provision setting forth requirements for a catastrophic leave program. (Amended by Stats. 2025, Ch. 83, Sec. 1. (AB 642) Effective July 30, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44043.6. Source version: id_31b3ddbc-6e22-11f0-95c0-d9b9e1d1418a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) The governing board or body of a school district, county office of education, or charter school may establish a catastrophic leave program to permit employees of that school district, county office of education, or charter school to donate eligible leave credits to an employee when that employee is impacted by a state of emergency. (b) For the purposes of this section, the following definitions apply: (1) “Eligible leave credits” means vacation leave and sick leave accrued to the donating employee. (2) “State of emergency” means a state of emergency that has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (c) Eligible leave credits may be donated to an employee for purposes of subdivision (a) if all of the following requirements are met: (1) The employee, who is impacted by a state of emergency, requests that eligible leave credits be donated and provides verification of impacts of a state of emergency on the employee as required by the governing board or body of the school district, county office of education, or charter school in which the employee is employed. (2) The governing board or body of the school district, county office of education, or charter school determines that the employee is unable to work due to the impact of a state of emergency on the employee. (3) The employee has exhausted all accrued paid leave credits. (d) If the transfer of eligible leave credits is approved by the governing board or body of the school district, county office of education, or charter school, any employee may, upon written notice to the governing board or body of the school district, county office of education, or charter school, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter. (e) The governing board or body of a school district, county office of education, or charter school that provides a catastrophic leave program pursuant to this section shall adopt rules and regulations for the administration of this section, including, but not limited to, all of the following: (1) The maximum amount of time for which donated leave credits may be used, but not to exceed use for a maximum period of 12 consecutive months. (2) The verification of impacts of a state of emergency on the employee required pursuant to paragraph (1) of subdivision (c). (3) Making all transfers of eligible leave credit irrevocable. (f) An employee who receives paid leave pursuant to subdivision (c) shall use any leave credits that they continue to accrue on a monthly basis before receiving paid leave pursuant to this section. (g) Notwithstanding this section, the governing board or body of a school district, county office of education, or charter school and an exclusive bargaining representative of employees in that school district, county office of education, or charter school may agree to include in any collective bargaining agreement a provision setting forth requirements for a catastrophic leave program. (Added by Stats. 2025, Ch. 83, Sec. 2. (AB 642) Effective July 30, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44044. Source version: id_d4842cfd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. Notwithstanding the provisions of Sections 44043, 44984 and 45192, a school district may waive the requirement that temporary disability checks be endorsed payable to the district, and may in lieu thereof, permit the employee to retain his temporary disability check, providing that notice be given to the district that such check has been delivered to the employee. In such cases, the district shall then cause the employee to receive his normal wage or salary less appropriate deductions, including, but not limited to, employee retirement contributions, and an amount equivalent to the face amount of the temporary disability check, which the employee has been permitted to retain. In all cases, employee benefits are to be computed on the basis of the employee’s regular wage or salary prior to the deduction of any amounts for temporary disability payments. Nothing contained herein shall be deemed to in any way diminish those rights and benefits which are granted to a school employee pursuant to the provisions of Sections 44043, 44984 and 45192. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44045. Source version: id_d485b39f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. Whenever, as a result of any school district unification proceeding all of the territory under the jurisdiction of the county superintendent of schools is included in a single unified school district and the maintenance of any schools or classes or the performance of any other function theretofore under the jurisdiction of the county superintendent of schools is assumed by such unified school district, the inclusion shall, with respect to any employee, whether in a position requiring certification qualifications or in a position not requiring certification qualifications, who was theretofore employed by the county superintendent of schools in connection with such school, class, or function, be deemed to be the inclusion of a school district in the unified district. The rights of such an employee to employment with the unified district shall be governed by the laws defining the rights of employees of a predecessor school district included within a unified school district to continue in employment as employees of the including unified school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44046. Source version: id_d485b3a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) The governing board of a small school district, which does not employ persons charged with school-community duties of counseling students and parents or guardians in their homes, may contract with any qualified social service agency or organization to secure the services, on a part-time or full-time basis, of qualified social workers as counselors in schools and in the homes of pupils. The State Board of Education shall adopt rules and regulations for the implementation of this section, but such social workers shall not be required to hold credentials or certification documents otherwise required under this code for service in the public schools. (b) Social workers authorized to serve under this section, as well as credentialed school social workers in districts other than small school districts, may perform, but are not limited to, the performance of the following service to children, parents, school personnel, and community agencies: (1) Group and individual counseling and casework with parents and children relating to learning and adjustment problems of children, including parent education. (2) Liaison with community resources offering services to schoolchildren and their families. (3) Consultation with parents and others in crisis situations, such as truancy, drug abuse, suicide threats, assaults, and child abuse. (4) Assessment of social and behavioral disabilities affecting learning, including but not limited to case study evaluation, recommendations for remediation or placement, and periodic reevaluation. (5) Participation in and coordination of staff development programs for professional, paraprofessional, and classified school staff and supervision of pupil personnel services workers. (6) Coordination of social service and mental health components of children’s centers and other early childhood development programs in the public schools. (7) Consultation and collaboration with school personnel to promote a school environment responsive to the needs of children and the planning of educational programs which will prepare children to function in a culturally diversified society. (c) As used in this section “small school district” means any of the following school districts: (1) A unified school district having an average daily attendance of less than 1,501. (2) A high school district having an average daily attendance of less than 301. (3) An elementary school district having an average daily attendance of less than 901. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44047. Source version: id_d485b3a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. Prior to implementing in any school of the district classes on Saturday or Sunday, or both, the governing board of a school district shall consult in good faith in an effort to reach agreement with the certificated and classified employees of the school, with the parents of pupils who would be affected by the change, and with the community at large. Such consultation shall include at least one public hearing for which the board has given adequate notice to the employees and to the parents of pupils affected. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44048. Source version: id_d485b3a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. A classified school employee currently employed by any school district or a county superintendent of schools which decides to maintain classes on Saturday or Sunday, or both, shall not, without his or her written consent, be required to change his or her workweek to include Saturday or Sunday, or both. No such classified employee shall be assigned to perform services on a Saturday or Sunday if such classified employee objects in writing that such assignment would conflict with his or her religious beliefs or practices. Enactment of this section shall cause no change or disruption in existing work schedules which may already include Saturday or Sunday as regular workdays. This section shall not be construed as limiting the power of any governing board of a school district, or a county superintendent of schools, to govern the schools of the district, including the assignment of classified employees employed by such district or county superintendent of schools. This section shall not be construed as modifying or otherwise affecting in any way the provisions of Sections 45127, 45128, or 45131, or any other provisions of this code relating to employment of classified employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44049. Source version: id_d485b3a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) Except as provided in subdivision (c), any principal or person designated by the principal who, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a pupil whom he or she knows, or reasonably suspects as evidenced by the pupil’s apparent intoxication, has consumed an alcoholic beverage or abused a controlled substance, as listed in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, may report the known or suspected instance of alcohol or controlled substance abuse to the parent or parents, or other person having legal custody, of the student. (b) No principal or his or her designee who reports a known or suspected instance of alcohol or controlled substance abuse by a pupil to the parent or parents, or other person having legal custody, of the pupil shall be civilly or criminally liable, for any report or as a result of any report, unless it can be proven that a false report was made and the principal or his or her designee knew that the report was false or was made with reckless disregard for the truth or falsity of the report. Any principal or his or her designee who makes a report known to be false or with reckless disregard of the truth or falsity of the report is liable for any damages caused. (c) No principal or person designated by the principal shall report a known or suspected instance of alcohol or controlled substance abuse by a pupil to the parent or parents, or other person having legal custody, of the pupil if the report would require the disclosure of confidential information in violation of Section 49602 or 72621. (Amended by Stats. 2002, Ch. 1168, Sec. 29. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44050. Source version: id_b6d76098-e40f-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) A local educational agency, or a person, firm, association, partnership, or corporation offering or conducting private school instruction at the elementary or high school level, that maintains a section on employee interactions with pupils in its employee code of conduct shall do both of the following: (1) Commencing July 1, 2018, provide a written copy of the section on employee interactions with pupils in its code of conduct to the parent or guardian of each enrolled pupil at the beginning of each school year. (2) Commencing January 1, 2018, post the section on employee interactions with pupils in its code of conduct, or provide a link to it, on each of its schools’ Internet Web sites, or, if a school of a local educational agency does not have its own Internet Web site, on the local educational agency’s Internet Web site, in a manner that is accessible to the public without a password. (b) A local educational agency may satisfy the requirement to provide a written copy of the section on employee interactions with pupils in its code of conduct to the parent or guardian of each enrolled pupil by including the section on employee interactions with pupils in its code of conduct in the notice required pursuant to Section 48980. (c) For purposes of this section, a local educational agency includes a school district, county office of education, or charter school. (d) This section shall not be construed to require a local educational agency, a school within a local educational agency, or a private school to create an Internet Web site if it does not have one. (e) This section does not apply to a private school composed of parents or guardians working exclusively with their own children. (Added by Stats. 2017, Ch. 580, Sec. 1. (AB 500) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44051. Source version: id_f560058a-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or applying for any position at a private school, shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of. (2) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department considering an applicant for a noncertificated position, and private schools considering an applicant for any position, shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were used to support a substantiated investigation. (3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employee’s egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was used to support a substantiated investigation, within its possession. (b) For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment. (Added by Stats. 2025, Ch. 460, Sec. 6. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 2. Rights and Duties [44030 - 44052] SECTION 44052. Source version: id_fd379edc-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=2. (a) On or before July 1, 2027, the commission shall, contingent upon an appropriation for these purposes in the annual Budget Act or another statute, develop a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a local educational agency or in any position for a private school employer: (1) The name, date of birth, and a unique identification number of the employee. (2) The name of the school employer. (3) The starting date, ending date, if applicable, and title for each school position held by the employee. (4) The name of any local educational agency or private school employer that conducted an employee investigation for egregious misconduct that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after July 1, 2027. (5) The date an investigation described in paragraph (4) was commenced. (6) The date a substantiated report described in paragraph (4) was filed. (b) Those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions shall, before hiring an individual for a noncertificated position at a local educational agency or any position at a private school employer, review the statewide data system established pursuant to subdivision (a) to determine whether an investigation resulted in a substantiated report pursuant to paragraph (4) of subdivision (a). (c) Within 30 calendar days of hiring an individual for a noncertificated position at a local educational agency or for any position at a private school employer, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the position. (d) Within 30 calendar days of an individual changing into, or adding, a noncertificated position with the same local educational agency employer or any position at a private school organization, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the new or additional position. (e) Within 10 calendar days of a noncertificated employee leaving a position at a local educational agency or any employee leaving a position at a private school, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the final date of employment or final date in the position. (f) (1) Within 10 calendar days of the start of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced. (2) Statewide data system records shall indicate a pending status from the receipt of notice pursuant to paragraph (1) until the local educational agency employer or private school employer submits subsequent notice pursuant to this subdivision. (3) Within 10 calendar days of the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice stating the result of the investigation to the statewide data system. (A) If an investigation of egregious misconduct results in a substantiated report as defined in subdivision (b) of Section 11165.12 of the Penal Code, a record of the investigation result shall be created in the statewide data system. (B) If an investigation of egregious misconduct results in an unfounded report or inconclusive report as defined in Section 11165.12 of the Penal Code, no record of an investigation shall be created in the statewide data system. (4) If a noncertificated employee leaves a local educational agency employer or any employee leaves a private school employer before the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice of the change in employment status mid-investigation to the statewide data system to be included in the employee’s record. (5) If a previously substantiated report is later determined by the governing board or body of the local educational agency, the private school, or an administrative law judge, if applicable, to be unfounded or inconclusive, the local educational agency or private school shall notify the commission within 10 days. Upon receiving the notification, the commission shall remove the report from the statewide data system. (g) The commission shall serve only as the data administrator for records submitted to the statewide data system pursuant to this section. The commission shall ensure the secure operation and technical functionality of the statewide data system, but shall not be responsible for verifying the truthfulness or legal sufficiency of the information submitted by local educational agency employers or private school employers. (h) For purposes of this section, the following definitions apply: (1) “Egregious misconduct” has the same meaning as defined in Section 44932. (2) “Local educational agency” means a school district, county office of education, charter school, or state special school or diagnostic center operated by the department. (Added by Stats. 2025, Ch. 460, Sec. 7. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44060. Source version: id_d4873a4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. The purpose of this article is to provide a basis of determination as to what constitutes a supervisory or administrative classified position or a position requiring certification qualifications not clearly defined in other sections of this code; to provide an interchange of qualified personnel between the certificated and classified services of the public school systems; and to secure rights and benefits to employees moving between the two services, all to the end of assuring better educational systems for the students of the public school systems. The provisions of this article are not intended, nor may they be construed, to invalidate any other sections of this code which were enacted prior to the enactment of this article, relating to positions requiring certification qualifications or the classified service covered in Article 6 (commencing with Section 45240) of Chapter 5 of this part, unless specifically provided herein. This article shall where appropriate apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of Chapter 5 of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44061. Source version: id_d4873a4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. If a person employed by the county superintendent of schools in a position requiring certification qualifications is assigned to a position under the same superintendent not requiring certification qualifications, the employee shall retain all sickness and injury, sabbatical leave, and other rights and benefits. All seniority and tenure rights accumulated by him at the time of assignment to the position not requiring certification qualifications shall be secured to him for a period of 39 months from the time of acceptance of the classified position. His return to certificated service at any time within the 39 months shall be treated as if there had not been an interruption in his certificated service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44062. Source version: id_d4967c8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. If a person employed by the county superintendent of schools in a position not requiring certification qualifications is assigned to a position under the same superintendent requiring certification qualifications, the employee shall retain all sick leave, vacation, and other rights and benefits accumulated by him at the time of assignment to the position requiring certification qualifications. All seniority and permanency rights shall be secured to such an employee for a period of 39 months from the date of his acceptance of the certificated position. Such an employee shall be eligible to return to and assume the duties of his prior classified position at any time during the 39 months and his return shall be treated as if there had not been an interruption in his classified service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44063. Source version: id_d4980331-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. If an employee of a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5, employed in a position requiring certification qualifications is assigned to a position in the classified service of the same district, the employee shall retain all sickness and injury, sabbatical leave, and other rights and benefits. All seniority and tenure rights accumulated by the employee at the time of assignment to the position in the classified service shall be secured to the employee during the period of time he or she occupies a position in the classified service. The employee’s return to certificated service at any time shall be treated as if there had not been an interruption in his or her certificated service. (Amended by Stats. 1985, Ch. 1038, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44064. Source version: id_d4980333-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. If an employee of a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5, employed in a position in the classified service is assigned to a position in the same district requiring certification qualifications, the employee shall retain all sick leave, vacation, and other rights and benefits accumulated by the employee at the time he or she is assigned to a position requiring certification qualifications. All seniority and permanency rights shall be secured to the employee during the period of time he or she occupies a position in the certificated service. The employee’s return to the classified service at any time shall be treated as if there had not been an interruption in his or her classified service. (Amended by Stats. 1985, Ch. 1038, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44065. Source version: id_d4980335-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. (a) Except as provided in subdivision (d), any person employed on or after July 1, 1963, by a school district, including a district having the merit system as outlined in Article 6 (commencing with Section 45240) of Chapter 5 of this part, or by a county superintendent of schools, in a position in which 50 percent or more of his or her duties performed during the school year, whether performed in a particular school or district or countywide, consist of rendering service in directing, coordinating, supervising or administering any portion or all of the types of functions listed below in this section shall hold a valid teaching or service credential as appropriate, whichever is designated in regulations adopted by the Commission on Teacher Credentialing, authorizing the particular service. The types of functions are: (1) The work of instructors and the instructional program for pupils. (2) Educational or vocational counseling, guidance and placement services. (3) School extracurricular activities related to, and an outgrowth of, the instructional and guidance program of the school. (4) Planning courses of study to be used in the public schools of the state. (5) The selection, collection, preparation, classification or demonstration of instructional materials of any course of study for use in the development of the instructional program in the schools of the state. (6) Research connected with the evaluation and efficiency of the instructional program. (7) The school health program. (8) Activities connected with the enforcement of the laws relating to compulsory education, coordination of child welfare activities involving the school and the home, and the school adjustment of pupils. (9) The school library services. (10) The preparation and distribution of instructional materials. (11) The in-service training of teachers, principals, or other certificated personnel. (12) The interpretation and evaluation of the school instructional program. (13) The examination, selection, or assignment of teachers, principals, or other certificated personnel involved in the instructional program. (b) Any person who was employed by a district or by a county superintendent of schools before July 1, 1963, to perform any of the services designated by the Commission on Teacher Credentialing to require a supervision or administration credential, may continue to perform such services without possessing the credential otherwise required as long as he remains continuously employed to perform the same services in that county superintendent’s office or in that district in which he was employed on that date, or is continuously employed to perform the same services in a district which results from a reorganization involving the same district. (c) Notwithstanding any other provision of law, the governing board of any school district maintaining kindergarten or any of grades 1 to 12, inclusive, or providing adult education classes, may employ for purposes of instructing apprentices duly registered with the Division of Apprenticeship Standards, persons holding any of the following valid credentials: (1) A community college instructor credential. (2) A community college limited service credential. (3) A community college special limited service credential. (d) Notwithstanding subdivision (a), a school district or county superintendent of schools may hire persons who do not hold valid teaching or service credentials to perform the examination, selection or assignment of teachers, principals, or certificated personnel involved in the instructional program. (Amended by Stats. 1986, Ch. 916, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44066. Source version: id_d4980337-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. A governing board of any school district or a county board of education or a county superintendent of schools or other appointing authority shall not require an employee or applicant to possess any certification, license, or other credential unless the possession of such a certification, license, or other credential is required by statute or is based upon a bona fide occupational qualification. It is the intent of the Legislature that any person who had served in a position for which certification, license, or other credential not necessitated by statute or bona fide occupational qualification, had been required, and in a position which was designated by the governing board as a position requiring certification qualifications, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds such position and it is further the intent of the Legislature that such position shall be deemed to be a certificated position for as long as such person holds such position. (Amended by Stats. 1977, Ch. 699.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44067. Source version: id_d4980339-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. Any person who, on September 15, 1961, is serving in a position for which a credential was issued or certification qualifications required pursuant to Section 44286 prior to the repeal of such sections, shall be deemed to be an employee in a position requiring such credential or certification qualifications for as long as he holds such position after September 15, 1961. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44068. Source version: id_d498033b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. Any person who, on June 30, 1965, was serving in a position requiring certification qualifications pursuant to the provisions of subdivisions (m), (n), and (o) of Section 13055 as amended by Chapter 840 of the Statutes of 1963, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds that position after January 1, 1987, and that position shall be deemed to be a certificated position for as long as this person holds that position. (Amended by Stats. 1986, Ch. 916, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44068.5. Source version: id_d49989dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. Any person who, on July 1, 1986, was serving in a position requiring certification qualifications pursuant to the provisions of paragraph (6) of subdivision (a) of Section 44065 as amended by Chapter 905 of the Statutes of 1985, shall be deemed to be an employee in a position requiring certification qualifications for as long as he or she holds that position after January 1, 1987, and that position shall be deemed to be a certificated position for as long as this person holds that position. (Added by Stats. 1986, Ch. 916, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 3. Interchange Between Certificated and Classified Positions [44060 - 44069] SECTION 44069. Source version: id_d49989df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=3. (a) Any person who, on September 17, 1965, was serving in a position as business manager and had been assigned a title listed in Section 35028 shall be deemed to be an employee in a position requiring certification qualifications for so long as he holds such position in the same district. (b) Any person who, on March 4, 1972, was serving in a position of business manager and that position had been declared, by the governing board, to be one requiring certification qualifications in accordance with the authority extended in this section prior to March 4, 1972, shall be deemed to be an employee in a position requiring certification qualifications for so long as he holds such position in the same district. (c) Except as provided in subdivision (d), on and after March 4, 1972, no person employed in a position of business manager shall be required to be credentialed and no title assignment, work, duty statement or other device, including but not limited to educational or other requirements of applicants, which may be established by the governing board, may be construed to require certification qualifications for any such position or reasonably related position. (d) The governing board of any school district with less than 3,000 units of average daily attendance in the prior fiscal year may require any person employed in a position of business manager to be credentialed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 4. Affirmative Action Employment [44100 - 44105] SECTION 44100. Source version: id_0c2dad6f-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=4. (a) The Legislature finds and declares the following: (1) Generally, California school districts employ a disproportionately low number of racial and ethnic minority classified and certificated employees and a disproportionately low number of women and members of racial and ethnic minorities in administrative positions. (2) It is educationally sound for the minority student attending a racially impacted school to have available to him or her the positive image provided by minority classified and certificated employees. It is likewise educationally sound for the child from the majority group to have positive experiences with minority people, that can be provided, in part, by having minority classified and certificated employees at schools where the enrollment is largely made up of majority group students. It is also educationally important for students to observe that women as well as men can assume responsible and diverse roles in society. (3) Past employment practices created artificial barriers and past efforts to promote additional action in the recruitment, employment, and promotion of women and minorities did not result in a substantial increase in employment opportunities for these persons. (4) Lessons concerning democratic principles and the richness that racial diversity brings to our national heritage can be best taught by staffs composed of mixed races and ethnic groups working toward a common goal. (b) It is the intent of the Legislature to do all of the following: (1) Establish and maintain a policy of equal opportunity in employment for all persons. (2) Prohibit discrimination on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code, in every aspect of personnel policy and practice in the employment, development, advancement, and treatment of persons employed in the public school system. (3) Promote the total realization of equal employment opportunity through a continuing affirmative action employment program. (c) The Legislature recognizes that it is not enough to proclaim that public employers do not discriminate in employment, but that effort must also be made to build a community in which opportunity is equalized. It is the intent of the Legislature to require educational agencies to adopt and implement plans for increasing the numbers of women and minority persons at all levels of responsibility. (Amended by Stats. 2004, Ch. 788, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 4. Affirmative Action Employment [44100 - 44105] SECTION 44101. Source version: id_0cb9e7e1-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=4. For the purposes of this article the following definitions apply: (a) (1) “Affirmative action employment program” means planned activities designed to seek, hire, and promote persons who are underrepresented in the work force compared to their numbers in the population, including individuals with disabilities, women, and persons of minority racial and ethnic backgrounds. It is a conscious, deliberate step taken by a hiring authority to assure equal employment opportunity for all staff, both certificated and classified. These programs require the employer to make additional efforts to recruit, employ, and promote members of groups formerly excluded at the various levels of responsibility who are qualified or may become qualified through appropriate training or experience within a reasonable length of time. These programs should be designed to remedy the exclusion, whatever its cause. (2) Affirmative action requires imaginative, energetic, and sustained action by each employer to devise recruiting, training, and career advancement opportunities that will result in an equitable representation of women and minorities in relation to all employees of the employer. (b) “Goals and timetables” means projected new levels of employment of women and minority racial and ethnic groups to be attained on an annual schedule, given the expected turnover in the work force and the availability of persons who are qualified or may become qualified through appropriate training or experience within a reasonable length of time. Goals are not quotas or rigid proportions. They should relate both to the qualitative and quantitative needs of the employer. (c) “Public education agency” means the Department of Education, each office of the county superintendent of schools, and the governing board of each school district in California. (Amended by Stats. 2004, Ch. 788, Sec. 2. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 4. Affirmative Action Employment [44100 - 44105] SECTION 44103. Source version: id_d49b1087-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=4. Each county superintendent of schools shall render assistance in developing and implementing affirmative action employment programs to elementary school districts under his jurisdiction which had fewer than 901 units of average daily attendance during the preceding fiscal year, and to high school districts under his jurisdiction which had fewer than 301 units of average daily attendance during the preceding fiscal year, and to unified school districts under his jurisdiction which had fewer than 1,501 units of average daily attendance during the preceding fiscal year. (Added by Stats. 1977, Ch. 1090.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 4. Affirmative Action Employment [44100 - 44105] SECTION 44104. Source version: id_d49b1089-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=4. The department, out of funds appropriated for such purposes, (1) shall provide assistance to local educational agencies in adopting and maintaining high-quality affirmative action programs and (2) develop and disseminate to public education agencies guidelines to assist the agencies in developing and implementing affirmative action employment programs. (Amended by Stats. 1994, Ch. 922, Sec. 75. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 4. Affirmative Action Employment [44100 - 44105] SECTION 44105. Source version: id_d49b108b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=4. The State Board of Education shall adopt all necessary rules and regulations to carry out the intent of this article. (Added by Stats. 1977, Ch. 1090.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] SECTION 44110. Source version: id_d49b108f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=5. This article shall be known and may be referred to as the Reporting by School Employees of Improper Governmental Activities Act. (Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] SECTION 44111. Source version: id_d49b1091-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=5. It is the intent of the Legislature that school employees and other persons disclose, to the extent not expressly prohibited by law, improper governmental activities. (Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] SECTION 44112. Source version: id_d49b1093-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=5. For the purposes of this article, the following terms have the following meanings: (a) “Employee” means a public school employee as defined in subdivision (j) of Section 3540.1 of the Government Code. (b) “Illegal order” means any directive to violate or assist in violating a federal, state, or local law, rule, or regulation or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. (c) “Improper governmental activity” means an activity by a public school agency or by an employee that is undertaken in the performance of the employee’s official duties, whether or not that activity is within the scope of his or her employment, and that meets either of the following descriptions: (1) The activity violates a state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty. (2) The activity is economically wasteful or involves gross misconduct, incompetency, or inefficiency. (d) “Person” means any individual, corporation, trust, association, any state or local government, or any agency or instrumentality of any of the foregoing. (e) “Protected disclosure” means a good faith communication that discloses or demonstrates an intention to disclose information that may evidence either of the following: (1) An improper governmental activity. (2) Any condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. (f) “Public school employer” has the same meaning as in subdivision (k) of Section 3540.1 of the Government Code. (Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] SECTION 44113. Source version: id_d49c9735-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=5. (a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to an official agent matters within the scope of this article. (b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer or conferring any benefit; affecting or threatening to affect any reprisal; or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (c) For the purpose of subdivision (a), “official agent” includes a school administrator, member of the governing board of a school district or county board of education, county superintendent of schools, or the Superintendent of Public Instruction. (d) An employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party. (e) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law. (Added by Stats. 2000, Ch. 531, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 1. Employees [44000 - 44114] ARTICLE 5. Reporting by School Employees of Improper Governmental Activities [44110 - 44114] SECTION 44114. Source version: id_d49c9737-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=1.&article=5. (a) A public school employee or applicant for employment with a public school employer who files a written complaint with his or her supervisor, a school administrator, or the public school employer alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 44113 for having disclosed improper governmental activities or for refusing to obey an illegal order may also file a copy of the written complaint with the local law enforcement agency together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint filed with the local law enforcement agency shall be filed within 12 months of the most recent act of reprisal that is the subject of the complaint. (b) A person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee or applicant for employment with a public school employer for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for a period not to exceed one year. Any public school employee, officer, or administrator who intentionally engages in that conduct shall also be subject to discipline by the public school employer. If no adverse action is instituted by the public school employer and it is determined that there is reasonable cause to believe that an act of reprisal, retaliation, threats, coercion, or similar acts prohibited by Section 44113 occurred, the local law enforcement agency may report the nature and details of the activity to the governing board of the school district or county board of education, as appropriate. (c) In addition to all other penalties provided by law, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against a public school employee or applicant for employment with a public school employer for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court where the acts of the offending party are proven to be malicious. Where liability has been established, the injured party shall also be entitled to reasonable attorney’s fees as provided by law. However, an action for damages shall not be available to the injured party unless the injured party has first filed a complaint with the local law enforcement agency. (d) This section is not intended to prevent a public school employer, school administrator, or supervisor from taking, failing to take, directing others to take, recommending, or approving a personnel action with respect to a public school employee or applicant for employment with a public school employer if the public school employer, school administrator, or supervisor reasonably believes the action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure as defined in subdivision (e) of Section 44112. (e) In any civil action or administrative proceeding, once it has been demonstrated by a preponderance of evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a former, current, or prospective public school employee, the burden of proof shall be on the supervisor, school administrator, or public school employer to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the public school employee had not engaged in protected disclosures or refused an illegal order. If the supervisor, school administrator, or public school employer fails to meet this burden of proof in an adverse action against the public school employee in any administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the public school employee shall have a complete affirmative defense in the adverse action. (f) Nothing in this article shall be deemed to diminish the rights, privileges, or remedies of a public school employee under any other federal or state law or under an employment contract or collective bargaining agreement. (g) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action. (Amended by Stats. 2001, Ch. 159, Sec. 68. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 1. General Provisions [44200 - 44203] SECTION 44200. Source version: id_d49e1ddd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=1. This chapter shall be known and may be cited as the “Teacher Credentialing Law of 1988” or “The Bergeson Act.” (Amended by Stats. 1989, Ch. 1360, Sec. 24.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 1. General Provisions [44200 - 44203] SECTION 44202. Source version: id_781ab42c-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=1. It is the intent of the Legislature that the commission shall exercise authority over all services provided to pupils in grade 12 or below. It is not the intent of the Legislature to authorize the commission to issue credentials authorizing service in grades 13 and 14, or in any institution of higher education. (Amended by Stats. 2024, Ch. 471, Sec. 13. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 1. General Provisions [44200 - 44203] SECTION 44203. Source version: id_10757f41-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=1. In this chapter, the following terms shall be defined as specified in this section: (a) “Authorization” means the designation that appears on a credential, certificate, or permit that identifies the subjects and circumstances in which the holder of the credential, certificate, or permit may teach, or the services that the holder may render in the public schools of this state. (b) (1) “Basic teaching credential” means either of the following: (A) A credential that authorizes the holder to teach the subjects named on the credential, and for which possession of a baccalaureate degree from a regionally accredited institution of higher education and completion of a professional preparation program that includes student teaching or completion of a district internship program pursuant to Section 44325 are minimum requirements. (B) A clear designated subjects teaching credential that authorizes the holder to teach the subjects named on the credential on a full-time basis if the holder also possesses a baccalaureate degree from a regionally accredited institution of higher education and has passed the state basic skills proficiency test. (2) A basic teaching credential meets the prerequisite teaching credential requirement for any other teaching, specialist, or service credential the commission is authorized to issue. (c) “Beginning teacher assessment” means a process that has been adopted or approved by the commission for measuring the performances of the holders of preliminary teaching credentials in order to help them improve, and to determine whether their performances satisfy the commission’s standards of performance for earning the clear teaching credential. (d) “Beginning teacher support” means a combination of assistance, guidance, encouragement, and diagnostic assessment that helps the holders of preliminary teaching credentials to fulfill their professional responsibilities effectively during the first year or two years of classroom teaching, and that satisfies standards of support adopted by the commission. (e) “Institution of higher education” means an institution that grants baccalaureate or higher degrees. (f) “Professional teacher certification requirements” means a policy of requiring each beginning teacher to complete a program of planned support and systematic assessment, as determined by the commission, as a condition for earning a clear teaching credential. (g) “Regionally accredited” means either of the following: (1) (A) An institution of higher education that has been accredited by the Accrediting Commission for Senior Colleges and Universities, the Western Association of Schools and Colleges, the Higher Learning Commission, the Middle States Commission on Higher Education, the Northwest Commission on Colleges and Universities, the New England Commission of Higher Education, or the Southern Association of Colleges and Schools Commission on Colleges. (B) A community or junior college that confers baccalaureate degrees and is regionally accredited by an accrediting agency listed in subparagraph (A) or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may meet this definition. (2) An institution of higher education that held preaccreditation status at the time the degree of an applicant for a credential was conferred, if the institution achieved full regional accreditation status within five years of earning preaccreditation status. (Amended by Stats. 2021, Ch. 663, Sec. 1. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 10. Accreditation in Educator Preparation [44370 - 44374.5] SECTION 44370. Source version: id_d502f9f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=10. The Legislature finds and declares that the competence and performance of professional educators depends in part on the quality of their academic and professional preparation. The Legislature recognizes that standards of quality in collegiate preparation complement standards of candidate competence and performance, and that general standards and criteria regarding the overall quality of a candidate’s preparation are as essential as the assessment of the candidate’s competence and performance. (Amended by Stats. 1993, Ch. 426, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 10. Accreditation in Educator Preparation [44370 - 44374.5] SECTION 44371. Source version: id_5c39d977-3182-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=10. (a) The system for accreditation of educator preparation shall do all of the following: (1) Concentrate on the overall quality of educator preparation in credential programs. (2) Hold professional elementary, secondary, and postsecondary educators responsible for quality in the preparation of professional practitioners. (3) Contribute to improvements in educator preparation and recognize excellence in preparation programs and institutions. (4) Be governed by an accreditation framework that sets forth the policies of the commission regarding the accreditation of educator preparation. (b) The accreditation framework shall do all of the following: (1) Establish broad, flexible policies and standards for accreditation of educator preparation. (2) Define the accreditation responsibilities, authority, and roles of the commission and the Committee on Accreditation. (3) Establish an accreditation system that is efficient and cost effective. (4) Require that accreditation decisions be based on sufficient, reliable evidence about the quality of educator preparation. (Amended by Stats. 2011, Ch. 348, Sec. 7. (SB 941) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 10. Accreditation in Educator Preparation [44370 - 44374.5] SECTION 44372. Source version: id_71757ce9-3182-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=10. The powers and duties of the commission regarding the accreditation system shall include the following: (a) Adopt and implement an accreditation framework, which sets forth the policies of the commission regarding the accreditation of educator preparation in California. (b) Establish and modify credential-specific standards, experimental program standards, and alternative program standards, as defined in the adopted accreditation framework. (c) Rule on the eligibility of an applicant for accreditation when the applying institution has not previously prepared educators for state certification in California, pursuant to subdivision (a) of Section 44227. (d) Appoint and reappoint the members of the Committee on Accreditation, in accordance with Section 44373, by selecting among nominees submitted by a panel of distinguished educators. (e) Review periodic accreditation reports by the Committee on Accreditation, and refer accreditation issues and concerns to the committee for its examination and response. (f) Hear and resolve appeals of accreditation decisions, pursuant to subdivision (e) of Section 44374. (g) Allocate resources annually for implementation of the accreditation system. (h) With the Committee on Accreditation, jointly design an evaluation of accreditation policies and their implementation. (i) Inform and advise the Legislature regarding statutory issues related to accreditation, and submit legislative recommendations, after considering the advice of the Committee on Accreditation, educational institutions, and professional organizations. (Amended by Stats. 2011, Ch. 348, Sec. 8. (SB 941) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 10. Accreditation in Educator Preparation [44370 - 44374.5] SECTION 44373. Source version: id_d504809d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=10. (a) There is hereby established the Committee on Accreditation consisting of 12 members selected for their distinguished records of accomplishment in education. Six members shall be from postsecondary education institutions, and six shall be certificated professionals in public schools, school districts, or county offices of education in California. No member shall serve on the committee as a representative of any organization or institution. Membership shall be, to the maximum extent possible, balanced in terms of ethnicity, gender, and geographic regions. The committee shall include members from elementary and secondary schools, and members from public and private institutions of postsecondary education. (b) The terms of committee members shall be in accordance with the accreditation framework. Appointment of the initial committee members shall be from nominees submitted by a panel of distinguished educators, who are named by a consensus of the commission and the accreditation advisory council, pursuant to Section 44371, as that section read on December 31, 1993. Appointment of subsequent committee members shall be from nominees submitted by a distinguished panel named by a consensus of the commission and the Committee on Accreditation. For each committee position to be filled by the commission, the panel shall submit two highly qualified nominees. (c) The committee shall do, but shall not be limited to doing, all of the following: (1) Make decisions about the accreditation of educator preparation. The committee’s decisionmaking process shall be in accordance with the accreditation framework. (2) Make decisions about the initial accreditation of new programs of educator preparation in accordance with procedures established by the committee. (3) Determine the comparability of standards submitted by applicants with those adopted by the commission, in accordance with the accreditation framework. (4) Adopt guidelines for accreditation reviews, and monitor the performance of accreditation teams and other aspects of the accreditation system. (5) Present an annual accreditation report to the commission and respond to accreditation issues and concerns referred to the committee by the commission. (Repealed and added by Stats. 1993, Ch. 426, Sec. 7. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 10. Accreditation in Educator Preparation [44370 - 44374.5] SECTION 44374. Source version: id_d504809f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=10. (a) The accreditation framework shall include common standards that relate to aspects of program quality that are the same for all credential programs. The framework shall also include multiple options for program standards. (b) The accreditation framework shall include provisions regarding well-trained accreditation teams whose members shall be drawn from a pool of California college and university faculty members and administrators, elementary and secondary school teachers and other certificated professionals, and local school board members. For each accreditation visit there shall be one team, whose size, composition, and expertise shall be constituted according to the accreditation framework. (c) An accreditation team shall present its report and recommendations to the Committee on Accreditation in accordance with the accreditation framework. The committee shall consider the accreditation team report and recommendations, and shall also consider evidence, which may be submitted by the institution, that the team demonstrated bias or acted arbitrarily or capriciously or contrary to the policies of the accreditation framework or the procedural guidelines of the committee. (d) The Committee on Accreditation shall make a single decision to accredit, to accredit with stipulations, or to deny accreditation to an institution’s credential programs, pursuant to Section 44373 and the accreditation framework. (e) An institution has the right to appeal to the commission if the procedures or decisions of an accreditation team or the Committee on Accreditation are arbitrary, capricious, unfair, or contrary to the policies of the commission or the procedural guidelines of the committee. An institution also has the right to recommend changes in the accreditation policies of the commission, which shall be considered by the commission in consultation with the executive director and the Committee on Accreditation. (f) At the request of an institution, the accreditation of an education unit or a specific program by a national accrediting body shall substitute for state accreditation provided that the national accrediting body has satisfied the applicable conditions set forth in the accreditation framework. (Repealed and added by Stats. 1993, Ch. 426, Sec. 9. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 10. Accreditation in Educator Preparation [44370 - 44374.5] SECTION 44374.5. Source version: id_27ec2ea6-fe2d-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=10. (a) The commission may charge fees to cover the standard costs of reviewing new and existing educator preparation programs. Sponsors of educator preparation programs shall submit the established fee to the commission when submitting a proposal for a new program, and, as determined by the commission, for the review of an existing program. The commission shall not waive the fee for the review of existing programs for in-kind contributions from sponsors of educator preparation programs. The commission may review the established fees on a periodic basis and adjust the fees as necessary. The commission shall notify the chairpersons of the committees and subcommittees in each house of the Legislature that consider the State Budget and the Department of Finance at least 30 days before implementing the fees and at least 30 days before making any subsequent fee adjustments. (b) The commission may charge commission-approved entities a fee to recover the costs of accreditation activities in excess of the regularly scheduled data reports, program assessments, and accreditation site visits. This includes, but is not necessarily limited to, accreditation revisits, addressing stipulations, or program assessment reviews beyond those supported within the standard costs of review. Sponsors of educator preparation programs shall submit the established fee to the commission in the year that the extraordinary activities are performed. The commission may review the established fee on a periodic basis, and adjust the fee as necessary. The commission shall notify the chairpersons of the committees and subcommittees in each house of the Legislature that consider the State Budget and the Department of Finance at least 30 days before implementing the fee and at least 30 days before making any subsequent fee adjustments. (Amended by Stats. 2014, Ch. 32, Sec. 29. (SB 858) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 11. Alternative Certification [44380 - 44387] SECTION 44380. Source version: id_9e4c7b78-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=11. (a) The Legislature finds and declares that the teaching profession must be able to recruit talented individuals, in addition to college students, from a variety of sources to address geographic and subject area shortages. Many persons changing careers and early retirees from industry and the military are interested in the challenge of teaching. (b) The Legislature further finds that, in California, there is a serious shortage of qualified teachers in the subjects of mathematics and science, teachers who work with limited-English-proficient pupils, minority teachers, and special education teachers. (c)Therefore, in enacting this article, the Legislature intends to encourage public school districts, county offices of education, and colleges and universities to design concentrated programs leading to a permanent credential for people with work experience and others who already have a bachelor’s degree. (Amended by Stats. 2008, Ch. 518, Sec. 4. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 11. Alternative Certification [44380 - 44387] SECTION 44381. Source version: id_d5060745-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=11. As used in this article, “alternative certification program” is a program operated by a school district, county office of education, college or university, or other public education entity, individually or in collaboration with other public education entities in the region to be served, and designed to provide a concentrated program leading to a permanent teaching credential. (Added by Stats. 1993, Ch. 1147, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 11. Alternative Certification [44380 - 44387] SECTION 44382. Source version: id_d5060747-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=11. Alternative certification programs shall address geographic and subject matter shortage areas, and shall be targeted toward people with work experience and others who already have a bachelor’s degree in the field in which they plan to teach. (Added by Stats. 1993, Ch. 1147, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 11. Alternative Certification [44380 - 44387] SECTION 44383. Source version: id_d5060749-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=11. School districts or county offices of education operating, or that propose to operate, an alternative certification program pursuant to this article, may apply to the Commission on Teacher Credentialing for incentive grant funding that has been appropriated for the purposes of this article. (Added by Stats. 1993, Ch. 1147, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 11. Alternative Certification [44380 - 44387] SECTION 44384. Source version: id_d5078deb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=11. An alternative certification program that receives grant funding pursuant to this article shall be operated pursuant to either Article 7.5 (commencing with Section 44325) of this chapter or Article 3 (commencing with Section 44450) of Chapter 3, or both. The commission shall encourage, and may provide funding to, programs that include innovative training, assessment, or support models and strategies that have the potential of improving the quality of the teaching force. The commission shall encourage collaboration among school districts in funding alternative certification programs. (Added by Stats. 1993, Ch. 1147, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 11. Alternative Certification [44380 - 44387] SECTION 44385. Source version: id_9ee33d3a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=11. The commission, with the assistance of representatives of classroom teachers, school administrators, parents, university and college educators, and others, as appropriate, shall establish criteria for selecting grant applicants to be funded. The criteria shall include the following: (a) The demonstrated need for more fully prepared credentialed teachers, as defined in Section 44225.7, within each school district included in the application. (b) The number of participants to be served and the number of credentialed teachers, with at least a preliminary or level 1 credential, at each schoolsite where interns will be assigned, including teachers serving as certificated staff mentors pursuant to Section 44560. (c) The capacity of the school districts included in the application to provide mentoring support and assistance to intern teachers. (d) The quality of the instruction, support, and assessment that will be available to interns, as evidenced by the response of the applicant to the commission’s standards of quality and effectiveness for preparation programs. (e) The cost-effectiveness of the program. (Amended by Stats. 2008, Ch. 518, Sec. 5. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 11. Alternative Certification [44380 - 44387] SECTION 44386. Source version: id_c48d5f3e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=11. (a) From funds appropriated for the purposes of this article, the Commission on Teacher Credentialing shall award incentive grants to qualifying school districts or county offices of education. Each school district or county office of education that receives a grant shall provide matching funds from available sources in an amount equal to 50 percent of the cost of the alternative certification program. Grants shall be awarded by the commission for the remaining 50 percent of the cost of the alternative certification program, but in no event shall the grant amount awarded to a school district or county office of education exceed two thousand five hundred dollars ($2,500) per intern per year, except that the commission may require a lesser local contribution, or provide a larger grant per intern per year, in hardship cases. (b) Participants in a district intern program conducted pursuant to Article 7.5 (commencing with Section 44325) or in an intern program conducted pursuant to Article 3 (commencing with Section 44450) of Chapter 3, who have received a preliminary credential and who are receiving funding for participating in an induction program pursuant to Article 4.5 (commencing with Section 44279.1) are not eligible for funding under this section. (Amended by Stats. 2007, Ch. 730, Sec. 21. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 11. Alternative Certification [44380 - 44387] SECTION 44387. Source version: id_c4e172b0-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=11. (a) From funds appropriated for purposes of this section, the commission may award increased funding, in addition to incentive grants awarded pursuant to Section 44386, to a school district or county office of education that agrees to enhance internship programs as provided in subdivision (b) and to address the distribution of teacher interns as required in subdivision (c). (b) To qualify for increased intern program funding pursuant to this section, a school district or county office of education shall do all of the following: (1) Provide teacher interns with the greater of (A) 120 hours of intensive preservice training focused on the teaching of English language learners, or (B) 40 hours of the preservice training in addition to all other required training, including, but not limited to, training required pursuant to Sections 44253.3, 44253.4, and 44253.10. The preservice training shall be completed before an intern teacher may provide instructional services. (2) Provide all teacher interns with 40 hours of classroom observation, supervision, assistance, and assessment by one or more experienced teachers who possess valid certification to teach at the same grade level and the same subject matter and who are employed by the school district or county office of education, are assigned to assist the intern at the schoolsite, and, to the extent possible, are assigned to teach at the same schoolsite as the intern who is being assisted. (3) Maintain a ratio of one experienced teacher to no more than five teacher interns at the same schoolsite. (c) To continue to receive increased intern program funding pursuant to this section, commencing with the receipt of funding for a second year, a school district or county office of education shall show annually to the commission that no high-priority school, as described in Section 52055.605, will have a higher percentage of teacher interns than the districtwide average of teacher interns at a school in that year. (d) Increased funding up to a total of three thousand five hundred dollars ($3,500) per intern, per year, may be awarded by the commission to a school district or county office of education that meets the requirements of this section. (e) Participants in an alternative certification program pursuant to this article, a district intern program conducted pursuant to Article 7.5 (commencing with Section 44325), or an intern program conducted pursuant to Article 3 (commencing with Section 44450) of Chapter 3, who have received a preliminary credential and who are generating funding for participating in an induction program pursuant to Article 4.5 (commencing with Section 44279.1) are eligible to generate enhanced funding under this section. (f) When reporting to the Legislature and the Governor pursuant to Section 44225.6, the commission shall include the number of school districts and county offices of education receiving increased funding, and the number of interns for whom increased funding is claimed, pursuant to this section. (Amended by Stats. 2007, Ch. 345, Sec. 4. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 12. California School Paraprofessional Teacher Training Program [44391 - 44393] SECTION 44391. Source version: id_7d6e20de-3e25-11e6-9e75-e31378363641 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=12. This article shall be known, and may be cited, as the California Classified School Employee Teacher Credentialing Program. (Amended by Stats. 2016, Ch. 29, Sec. 13. (SB 828) Effective June 27, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 12. California School Paraprofessional Teacher Training Program [44391 - 44393] SECTION 44392. Source version: id_87cf7250-3e25-11e6-9e75-e31378363641 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=12. For the purposes of this article, unless the context clearly requires otherwise, the following terms shall have the following meanings: (a) “Applicant” means a school district, charter school, or county office of education applying for program funds under the California Classified School Employee Teacher Credentialing Program. (b) “Institutions of higher education” means the California Community Colleges, the California State University, the University of California, and private not-for-profit institutions of higher education that offer a commission-approved teacher preparation program. (c) “Participant” means a classified school employee who elects to participate in the California Classified School Employee Teacher Credentialing Program. (d) “Program” means the California Classified School Employee Teacher Credentialing Program. (e) “Classified school employee” means a noncertificated school employee currently working in a public school. (f) “Teacher training program” means an undergraduate or graduate program of instruction conducted by a teacher preparation program approved by the commission that includes a developmentally sequenced career ladder to provide instruction, coursework, and clearly defined tasks for each level of the ladder, and that is designed to qualify students enrolled in the program for a teaching credential authorizing instruction in kindergarten and grades 1 to 12, inclusive. (Amended by Stats. 2016, Ch. 29, Sec. 14. (SB 828) Effective June 27, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 12. California School Paraprofessional Teacher Training Program [44391 - 44393] SECTION 44393. Source version: id_99c037d0-7b9a-11e6-b05e-e04aa97a9565 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=12. (a) The California Classified School Employee Teacher Credentialing Program is hereby established for the purpose of recruiting classified school employees to participate in a program designed to encourage them to enroll in teacher training programs and to provide instructional service as teachers in the public schools. (b) Subject to an appropriation for these purposes in the annual Budget Act or another statute, the commission shall issue a request for proposals to all school districts, charter schools, and county offices of education in the state in order to solicit applications for funding. The criteria adopted by the commission for the selection of school districts, charter schools, or county offices of education to participate in the program shall include all of the following: (1) The extent to which the applicant demonstrates the capacity and willingness to accommodate the participation of classified school employees in teacher training programs conducted at institutions of higher education or a local educational agency. (2) The extent to which the applicant’s plan for the implementation of its recruitment program involves the active participation of one or more local campuses of the participating institutions of higher education in the development of coursework and teaching programs for participating classified school employees. Each selected applicant shall be required to enter into a written articulation agreement with the participating campuses of the institutions of higher education. (3) The extent to which the applicant’s plan for recruitment attempts to meet the demand for bilingual cross-cultural teachers and teachers in shortage areas in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive. (4) The extent to which a developmentally sequenced series of job descriptions leads from an entry-level classified school employee position to an entry-level teaching position in that school district, charter school, or county office of education. (5) The extent to which the applicant’s plan for recruitment attempts to meet its own specific teacher needs. (c) An applicant that is selected to participate pursuant to subdivision (b) shall provide information about the program to all eligible classified school employees in the school district, charter school, or county office of education and assistance to each classified school employee it recruits under the program regarding admission to a teacher training program. (d) (1) An applicant shall require participants to satisfy both of the following requirements before participating in the program: (A) Pass a criminal background check. (B) Provide verification of one of the following: (i) Has earned an associate or higher level degree. (ii) Has successfully completed at least two years of study at a postsecondary educational institution. (2) An applicant shall certify that it has received a commitment from each participant that he or she will accomplish all of the following: (A) Graduate from an institution of higher education under the program with a bachelor’s degree. (B) Complete all of the requirements for, and obtain, a multiple subject, single subject, or education specialist teaching credential. (C) Complete one school year of classroom instruction in the school district, charter school, or county office of education for each year that he or she receives assistance for books, fees, and tuition while attending an institution of higher education under the program. (e) The commission shall contract with an independent evaluator with a proven record of experience in assessing teacher training programs to conduct an evaluation to determine the success of the program. The evaluation shall be completed on or before July 1, 2021. The commission shall submit the completed evaluation to the Governor and the education policy and fiscal committees of the Assembly and Senate. (f) On or before January 1 of each year, the commission shall report to the Legislature regarding the status of the program, including, but not limited to, the number of classified school employees recruited, the academic progress of the classified school employees recruited, the number of classified school employees recruited who are subsequently employed as teachers in the public schools, the degree to which the applicant meets the teacher shortage needs of the school district, charter school, or county office of education, and the ethnic and racial composition of the participants in the program. The report shall be made in conformance with Section 9795 of the Government Code. (Amended by Stats. 2016, Ch. 319, Sec. 1. (AB 1624) Effective September 13, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13. National Board for Professional Teaching Standards Certification Incentive Program [44395 - 44399.1] SECTION 44395. Source version: id_2a4be474-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13. (a) (1) The National Board for Professional Teaching Standards Certification Incentive Program is hereby established to award grants to school districts for the purpose of providing awards to teachers who are employed by school districts or charter schools, are assigned to teach in California public schools, and have attained or will attain certification from the National Board for Professional Teaching Standards. Awards shall be granted to the extent that funds have been appropriated for this purpose in the annual Budget Act. (2) (A) Commencing July 1, 2021, any teacher who has attained certification from the National Board for Professional Teaching Standards is eligible to receive an award of up to twenty-five thousand dollars ($25,000) if the teacher agrees to teach at a high-priority school for at least five years. Teaching service before July 1, 2021, may not be counted towards satisfaction of this five-year commitment. (B) Awards granted pursuant to this paragraph shall be disbursed in annual payments of five thousand dollars ($5,000) over a five-year period. The annual payment shall be made upon completion of the school year, and upon approval of a district-certified application pursuant to the guidelines of subdivision (c) of Section 44396. (C) An award recipient’s service shall be at a high-priority school listed on the most recent list of priority schools published by the department that is available when the grant recipient applies for a National Board for Professional Teaching Standards Certification Incentive Program grant award pursuant to this paragraph. Further service at that school shall continue to satisfy the service requirements of this paragraph even if the school is no longer listed on a future priority school list published by the department. (3) (A) Commencing July 1, 2021, any teacher who initiates the process of pursuing a certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of two thousand five hundred dollars ($2,500). (B) Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates. (C) A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraphs (2) and (4) after completion of a certification from the National Board for Professional Teaching Standards to the extent funds are available. (4) (A) (i) Commencing July 1, 2023, any teacher who initiates the process of maintenance of certification from the National Board for Professional Teaching Standards when teaching at a high-priority school is eligible to receive an award of four hundred ninety-five dollars ($495). (ii) Awards granted pursuant to this paragraph shall be disbursed from the department to the National Board for Professional Teaching Standards. Any unused funds shall be applied to future candidates. (iii) A teacher who receives an award pursuant to this paragraph may still apply to receive funds under paragraph (2). (iv) A teacher may apply for an award pursuant to this paragraph every time they begin the process of maintenance of certification from the National Board for Professional Teaching Standards. Teachers who apply for an award pursuant to this paragraph shall be teaching at a priority school at the time of application. (B) This paragraph may be implemented using funds appropriated pursuant to Section 137 of Chapter 44 of the Statutes of 2021. (b) (1) The department shall administer the awards authorized by subdivision (a), and shall develop, in consultation with the Commission on Teacher Credentialing, certification and award information, criteria, procedures, and applications, all of which shall be submitted to the state board for approval. Amendments requested by the state board to that information, criteria, procedures, and applications shall be made before the dissemination of the material and the granting of any award under this article. (2) Commencing July 1, 2027, the Commission on Teacher Credentialing shall administer the awards authorized by this section and any reference to department shall instead refer to the commission. (c) The department shall distribute the materials described in subdivision (b) to school districts. Each school district is strongly encouraged to ensure that teachers employed by the district or by charter schools affiliated with the district are informed about the program and can acquire the necessary application and information materials. (d) School districts are encouraged to provide for adequate release time and support for a teacher to complete the certification process. As a condition to providing that release time and support, a school district may require that a teacher serve in a mentor teacher capacity. (e) For purposes of this article, the following definitions apply: (1) “School district” means school district, county board of education, county superintendent of schools, a state operated program, including a special school, a regional occupational center or program operated by a joint powers authority or a county office of education, or an education program providing instruction in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, that is offered by a state agency, including the Department of Youth and Community Restoration and the State Department of Developmental Services. (2) “High-priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02. This designation shall be determined by the department. (Amended by Stats. 2026, Ch. 65, Sec. 65. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13. National Board for Professional Teaching Standards Certification Incentive Program [44395 - 44399.1] SECTION 44395.5. Source version: id_d50a9b3f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13. For the purposes of paragraph (1) of subdivision (a) of Section 44395, “assigned to teach” as used in subdivision (a) of that section may include, but is not limited to, a teacher leadership role as a peer assistance and review coach, mentor, or other teacher support provider if the position does not require an administrative credential. In order to be eligible for an award pursuant to paragraph (1) of subdivision (a) of Section 44395, a teacher shall be assigned to teach for at least 50 percent of a full-time position. (Added by Stats. 2001, Ch. 734, Sec. 25. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13. National Board for Professional Teaching Standards Certification Incentive Program [44395 - 44399.1] SECTION 44396. Source version: id_2af0f9c9-e4ae-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13. (a) (1) To the extent that funds are available for that purpose, a teacher who meets the criteria approved by the state board pursuant to subdivision (b) of Section 44395 is eligible and may apply for an award by following the procedures and instructions developed pursuant to that subdivision. (2) A teacher who attained certification from the National Board for Professional Teaching Standards before January 1, 2021, and who was employed by a school district or charter school and assigned to teach in a California public school on the date of certification may apply for an award authorized pursuant to this article if the teacher meets all the other requirements for that award specified by this article. For awards pursuant to this subdivision, teaching service before July 1, 2021, may not be counted toward satisfaction of the teacher’s five-year agreement to teach in a high-priority school. (b) Teachers shall submit their applications for an award authorized by this article to the school district employing them. Teachers employed by a charter school shall submit their application through the school district granting the school’s charter. (c) The department shall approve applications submitted by school districts that meet the criteria established pursuant to subdivision (b) of Section 44395. To the extent funds are available, the department shall apportion funds to the appropriate school districts in the amount of the award authorized by Section 44395 for each approved application. The school district shall use funds apportioned to it pursuant to this subdivision to provide the amount of the award authorized by subdivision (a) of Section 44395 to each teacher whose application is approved. (Amended by Stats. 2021, Ch. 44, Sec. 43. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13. National Board for Professional Teaching Standards Certification Incentive Program [44395 - 44399.1] SECTION 44398. Source version: id_d6e118a3-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13. (a) Notwithstanding any provision of law except Sections 44332.6, 44340, 44346.1, and 44830.1, a person who is licensed to teach or provide services in the public schools of a state other than California and who is certified by the National Board for Professional Teaching Standards shall be issued a clear teaching or services credential authorizing teaching or service in the area, as determined by the commission, in which the person has received national certification. (b) Nothing in this section shall be construed to supersede the requirements of Section 44253.3. (Amended by Stats. 2009, Ch. 316, Sec. 7. (AB 239) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13. National Board for Professional Teaching Standards Certification Incentive Program [44395 - 44399.1] SECTION 44399. Source version: id_dab35655-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13. Notwithstanding any provision of law, except Sections 44332.6, 44340, 44346.1, and 44830.1, the commission shall issue a clear credential to the holder of a preliminary teaching or services credential who attains certification from the National Board for Professional Teaching Standards. The clear credential issued pursuant to this section shall authorize the holder to teach or provide services in the area that the commission determines is equivalent to the certificate field in which the teacher or services provider received certification from the National Board for Professional Teaching Standards. (Amended by Stats. 2009, Ch. 316, Sec. 8. (AB 239) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13. National Board for Professional Teaching Standards Certification Incentive Program [44395 - 44399.1] SECTION 44399.1. Source version: id_322ec41b-e4ae-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13. (a) The commission shall issue an authorization for an additional subject or for a new teaching credential type to the holder of a valid California multiple subject or single subject teaching credential, or eligible applicant, who has earned certification from the National Board for Professional Teaching Standards in the additional single subject content area or the new multiple subject or single subject teaching credential type. (b) Notwithstanding subdivision (a), when there is no direct equivalence between the national certification and the California subject or credential type, the commission shall determine the subject or credential type or may require the applicant to qualify for a commission-approved determination of subject matter competence before issuance of the credential or authorization request. An applicant for a multiple subject teaching credential may also be required to qualify for a commission-approved determination of subject matter competence in order to comply with state subject matter requirements. (Amended by Stats. 2021, Ch. 44, Sec. 44. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13.5. Educator Recruitment and Retention Initiative [44400 - 44400.03] SECTION 44400. Source version: id_33111216-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13.5. For purposes of this article, the following definitions apply: (a) “High-need field” means a field designated as having the most significant shortages by the Commission on Teacher Credentialing and may include any of the following: (1) Credentials issued in conjunction with a bilingual or computer science authorization. (2) Mathematics, science, or technology credentials. (3) Special education credentials. (b) “Local educational agency” means a school district, charter school, or county office of education. (c) “Priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02. (d) “Program” means the Student Teacher Stipend Program established pursuant to Section 44400.01. (e) “Prospective educator” means a candidate enrolled in a program of professional preparation for a preliminary multiple subject, single subject, education specialist, or PK-3 early childhood education specialist instruction credential accredited by the Commission on Teacher Credentialing. (f) “Student teaching” shall align to clinical practice guidance by the Commission on Teacher Credentialing, and refers to time spent in the classroom with a cooperating or mentor teacher, and includes, but is not limited to, coplanning, coteaching, guided teaching, and solo teaching. For the purposes of this program, service on an intern credential does not qualify as student teaching. (Amended by Stats. 2026, Ch. 65, Sec. 66. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13.5. Educator Recruitment and Retention Initiative [44400 - 44400.03] SECTION 44400.01. Source version: id_359795e8-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13.5. (a) The Student Teacher Stipend Program is hereby established to support prospective educators during their completion of 500 or more hours of student teaching as part of their credential program’s clinical practice and to provide additional support, through enhanced stipend awards authorized pursuant to this article, to prospective educators who commit to serve in a high-need field. (b) (1) To improve both teacher retention and recruitment in California’s public school system, it is the intent of the Legislature to create a grant program to compensate student teachers, support credential attainment via clinically rich credential pathways, and support the prospective educator’s successful transition into local educational agency employment. (2) It is further the intent of the Legislature to authorize the Student Teacher Stipend Program as an ongoing, annual program to support the recruitment and retention of prospective educators. (3) It is further the intent of the Legislature to increase stipend amounts available, pursuant to this article, for prospective educators who commit to teaching in a priority school or high need field, in future years, subject to an appropriation for this purpose. (c) Funding shall be provided under this article to the extent that funds have been appropriated for this purpose in the annual Budget Act or another statute. (Amended by Stats. 2026, Ch. 65, Sec. 67. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13.5. Educator Recruitment and Retention Initiative [44400 - 44400.03] SECTION 44400.02. Source version: id_3860ef1a-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13.5. (a) The Commission on Teacher Credentialing shall award funding appropriated for this purpose to local educational agencies that host student teachers or teacher residents or that employ teacher apprentices. (b) (1) Local educational agencies awarded funding pursuant to this article shall provide stipends to prospective educators during their completion of 500 or more hours of student teaching. Stipends for each prospective educator shall be ten thousand dollars ($10,000) and paid during the school year in which the credential applicants are completing their student teaching. (2) Local educational agencies employing credentialed educator apprentices may use stipend awards to offset the wages paid to those apprentices during the initial phase of the apprenticeship when the apprentice is not yet the educator of record. (3) Local educational agencies hosting teacher residents may use student teacher stipends in cases where residents are not supported by residency stipends pursuant to Section 44415.5. (4) Commencing July 1, 2027, local educational agencies awarded funding pursuant to this article shall, consistent with subdivision (d), provide an additional stipend of five thousand dollars ($5,000) to prospective educators pursuing a credential and student teaching in a high-need field. (c) The Commission on Teacher Credentialing shall establish a streamlined online process for local educational agencies to submit the prospective educator’s information, including, but not limited to, all of the following: (1) The prospective educator’s preparation program. (2) The number of student teaching hours they will complete. (3) The local educational agency or agencies where they are completing their student teaching. (4) The schoolsite or schoolsites where they are completing their student teaching. (5) Their desired credential. (6) Evidence of their valid certificate or permit issued by the Commission on Teacher Credentialing that required professional fitness review. (7) Their demographic information. (d) (1) Commencing July 1, 2026, to the extent that funds are available for this purpose, up to one hundred twenty-five million dollars ($125,000,000) shall be available annually for the Commission on Teacher Credentialing to award stipends pursuant to paragraph (1) of subdivision (b). (2) Commencing July 1, 2027, to the extent that funds are available for this purpose, up to twenty-seven million five hundred thousand dollars ($27,500,000) shall be available annually for the Commission on Teacher Credentialing to award additional stipends pursuant to paragraph (4) of subdivision (b). (3) To the extent that demand for stipends provided pursuant to paragraph (1) of subdivision (b) exceeds the amount appropriated by the Legislature, the Commission on Teacher Credentialing shall prioritize applications on a first-come, first-serve basis. To the extent that the annual demand for stipends provided pursuant to paragraph (1) of subdivision (b) is less than the annual amount appropriated by the Legislature, the Commission on Teacher Credentialing shall allocate any excess to stipends described in paragraph (4) of subdivision (b). (4) To the extent that demand for stipends provided pursuant to paragraph (4) of subdivision (b) exceeds the amount appropriated by the Legislature, the Commission on Teacher Credentialing shall prioritize applications pursuant to paragraph (4) of subdivision (b) based on the local educational agency’s unduplicated pupil count. (e) Notwithstanding Section 10231.5 of the Government Code, the Commission on Teacher Credentialing shall, on or before January 1, 2027, and each year thereafter, report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature, regarding the state of the grant program, including, but not limited to, the number of prospective educators paid; their education preparation programs; their desired credential; the participating local educational agencies; the demographics of the participants in the program; the percentage of prospective educators who committed to a high-need field; and, to the extent applicable, all required data disaggregated by participants receiving an additional stipend pursuant to subdivision (d). The report submitted to the appropriate fiscal and policy committees of the Legislature shall be submitted consistent with Section 9795 of the Government Code. (Amended by Stats. 2026, Ch. 65, Sec. 68. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 13.5. Educator Recruitment and Retention Initiative [44400 - 44400.03] SECTION 44400.03. Source version: id_3ae01fec-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=13.5. (a) For 2025–26 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to support the base stipends provided pursuant to paragraph (1) of subdivision (b) of Section 44400.02 of the Student Teacher Stipend Program established in this article. These funds shall be available for encumbrance until June 30, 2030. (b) For the 2026–27 fiscal year, the sum of four hundred eight million dollars ($408,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to support the base stipends provided pursuant to paragraph (1) of subdivision (b) of Section 44400.02 and the high-need field stipends provided pursuant to paragraph (4) of subdivision (b) of Section 44400.02. These funds shall be available for encumbrance until June 30, 2032. (c) For the 2025–26 fiscal year, of the amount appropriated in subdivision (a), up to six million dollars ($6,000,000) shall be available for the Kern County Superintendent of Schools to do the following: (1) (A) Conduct a multimedia campaign beginning no later than April 1, 2026, and ending no sooner than July 1, 2028, to encourage students enrolled in California-based institutions of higher education and individuals employed in related fields to pursue a career in public school employment, become a credentialed teacher, and enroll in a program of professional preparation accredited by the Commission on Teacher Credentialing. (B) In conducting the multimedia campaign, the Kern County Superintendent of Schools shall consult with the Commission on Teacher Credentialing, the Student Aid Commission, the department, and other educator credentialing interestholders to create and disseminate outreach to local educational agencies, institutions of higher education, and educator pipeline organizations, including classified employees, expanded learning employees, career technical education programs, and labor organizations. These multimedia outreach methods and materials shall include state and federal student aid and education loan repayment options for aspiring or current educators and other investments that benefit teachers, including, but not limited to, the Student Teacher Stipend Program, including any additional stipend components authorized pursuant to this article, the Golden State Teacher Grant Program, and the National Board for Professional Teaching Standards Certification Incentive Program. (2) (A) Develop a grants management system that could be utilized by the Commission on Teacher Credentialing to streamline the application and administration process for all teacher recruitment and retention programs that the Commission on Teacher Credentialing administers. (B) The grant management system shall be available for public use no later than April 1, 2026, for applications for the administration of the Student Teacher Stipend Program for the 2026–27 school year. (C) The grant management system shall be made available for public use no later than December 31, 2026, for purposes of accepting applications for any additional stipend component authorized pursuant to this article for the 2026–27 school year. (D) The grant management system shall include program administration for the National Board for Professional Teaching Standards Certification Incentive Program beginning no later than April 1, 2027. (E) Notwithstanding any other law, any work executed pursuant to this paragraph shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of Technology. (3) Contract for a comprehensive independent evaluation of the state’s investments in educator recruitment and retention pursuant to this article and Section 44395, and report the evaluation to the Legislature on or before July 1, 2029, consistent with Section 9795 of the Government Code. This evaluation shall include the programs’ effectiveness in impacting prospective educator decisions to enroll in a student teaching program, increasing the number of individuals completing their student teaching program, increasing the number of individuals completing their student teaching programs in high-need credential areas, increasing the retention rates of educators after the first two years of employment, and the demographics of the participants in the programs. (d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year. (e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 69. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 14. Preparation Courses for Subject Matter Knowledge [44401- 44401.] SECTION 44401. Source version: id_284bb777-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=14. (a) A school district, county office of education, or charter school that provides intensive examination preparation courses for the purpose of preparing multiple or single subject credential holders or education specialist credential holders to demonstrate subject matter knowledge by a subject matter examination approved by the Commission on Teacher Credentialing shall do both of the following: (1) Ensure that the program meets the domains for subject matter understanding and skill adopted by the commission in the content area. (2) Provide general information to teacher participants on the requirements for adding a new credential type that may include, but need not be limited to, credential information available on the Internet Web site of the commission. (b) A school district, county office of education, or charter school may contract with other entities, including the California subject matter projects administered by the University of California, for services to provide intensive examination preparation courses to assist teacher participants to prepare for taking commission-approved subject matter examinations. (Added by Stats. 2009, Ch. 202, Sec. 3. (SB 751) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44415. Source version: id_3d6b5eae-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. (a) (1) For the 2018–19 fiscal year, the sum of seventy-five million dollars ($75,000,000) is hereby appropriated from the General Fund to the commission to establish the Teacher Residency Grant Program. This funding shall be available for encumbrance until June 30, 2023. (2) Of the amount appropriated in paragraph (1), fifty million dollars ($50,000,000) shall be expended to provide one-time competitive grants to grant applicants to develop new, or expand existing, teacher residency programs that recruit and support the preparation of special education teachers. (3) Of the amount appropriated in paragraph (1), twenty-five million dollars ($25,000,000) shall be expended to provide one-time competitive grants to grant applicants to develop new, or expand existing, teacher residency programs that recruit and support the preparation of bilingual education, science, technology, engineering, or mathematics teachers. (b) (1) The commission shall make one-time grants to grant applicants to establish new or expand existing teacher residency programs. Grant recipients shall work with one or more commission-accredited teacher preparation programs and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident teachers who will be supported through program funds and subsequently employed by the sponsoring grant recipient. (2) A grant applicant may consist of one or more, or any combination, of the following: (A) A school district. (B) A county office of education. (C) A charter school. (D) A regional occupational center or program operated by a joint powers authority. (E) A nonpublic, nonsectarian school, as defined in Section 56034. (c) Grants allocated pursuant to subdivision (b) shall be up to twenty thousand dollars ($20,000) per teacher candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient on a dollar-for-dollar basis. Grant program funding shall be used for, but is not limited to, any of the following: teacher preparation costs, stipends for mentor teachers, stipends for teacher candidates, and mentoring and beginning teacher induction costs following initial preparation. (d) A grant recipient shall not use more than 5 percent of a grant award for program administration costs. (e) A grant recipient shall provide a 100-percent match of grant funding in the form of one or both of the following: (1) One dollar ($1) for every one dollar ($1) of grant funding received that is to be used in a manner consistent with allowable grant activities pursuant to subdivision (c). (2) An in-kind match of mentor teacher personnel costs or other personnel costs related to the Teacher Residency Grant Program, provided by the grant recipient. (f) For purposes of this section, the following terms have the following meanings: (1) “Teacher residency program” is a grant applicant-based program that partners with one or more teacher preparation programs accredited by the commission and in which a prospective teacher teaches at least one-half time alongside a teacher of record, who is designated as the experienced mentor teacher, for at least one full school year while engaging in initial preparation coursework. (2) An “experienced mentor teacher” for purposes of the Teacher Residency Grant Program is an educator who meets all of the following requirements: (A) Has at least three years of teaching experience and a clear credential authorizing instruction of special education, or bilingual education, science, technology, engineering, or mathematics pupils, in the subject in which the experienced mentor teacher will be mentoring. (B) Has a record of successful teaching as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years. (C) Receives specific training for the mentor teacher role, and engages in ongoing professional learning and networking with other mentors. (D) Receives compensation, appropriate release time, or both, to serve as a mentor in the initial preparation or beginning teacher induction component of the teacher residency program. (g) Grant recipients shall do all of the following: (1) Ensure that candidates are prepared to earn a preliminary teaching credential that will authorize the candidate to teach special education, or bilingual education, science, technology, engineering, or mathematics upon completion of the program. (2) Ensure that candidates are provided instruction in all of the following: (A) Teaching the content area or areas in which the teacher will become certified to teach. (B) Planning, curriculum development, and assessment. (C) Learning and child development. (D) Management of the classroom environment. (E) Use of culturally responsive practices, supports for language development, and supports for serving pupils with disabilities. (F) Professional responsibilities, including interaction with families and colleagues. (3) Provide each candidate mentoring and beginning teacher induction support following the completion of the initial credential program necessary to obtain a clear credential and ongoing professional development and networking opportunities during the candidate’s first years of teaching. (4) Prepare candidates to teach at the same grant recipient in which they will work and learn the instructional initiatives and curriculum of the grant recipient. (5) Group teacher candidates in cohorts to facilitate professional collaboration among residents, and place candidates in teaching schools or professional development programs that are organized to support a high-quality teacher learning experience in a supportive work environment. (h) To receive a grant, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission. (i) When selecting grant recipients, the commission shall do both of the following: (1) Require applicants to demonstrate a need for special education, or bilingual education, science, technology, engineering, or mathematics, teachers and to propose to establish a new, or expand an existing, teacher residency program that recruits, prepares, and supports teachers to teach special education, or bilingual education, science, technology, engineering, or mathematics, in a school within the jurisdiction of the sponsoring grant applicant. (2) Give priority consideration to grant applicants with one or more schools that exhibit one or more of the following characteristics: (A) A school where 50 percent or more of the enrolled pupils are eligible for free and reduced-price meals. (B) A school where at least 5 percent of the teachers are misassigned, as determined by the commission, or working on a short-term staffing permit, a provisional intern permit, or a waiver. (C) A school that is located in either a rural location or a densely populated region. (D) A school with a cumulative voluntary teacher attrition rate that exceeded 20 percent over the three preceding school years. (j) A candidate in a teacher residency program sponsored by a grant provided pursuant to subdivision (b) shall agree in writing to either (1) work as an education specialist serving a caseload of pupils who receive special education services in a special education setting or (2) be placed in a bilingual education, science, technology, engineering, or mathematics assignment, in a school within the grant recipient that sponsored the candidate for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a preliminary teaching credential. A candidate who fails to earn a preliminary credential or complete the period of the placement shall reimburse the sponsoring grant recipient the amount of grant funding invested in the candidate’s residency training. The amount to be reimbursed shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient. A candidate shall have eight school years to complete the four-school-year teaching commitment. (k) If a candidate is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school years if any of the following occur: (1) The candidate has completed at least one-half of the school year. (2) The employer deems the candidate to have fulfilled the candidate’s contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement. (3) The candidate was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the next succeeding school year. (4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law. (5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States. (l) If a candidate is unable to complete their residency program or service requirement because of hardship, as defined by the commission, they may apply to waive any repayment obligation as described in subdivision (q). (m) For purposes of administering the grant program pursuant to subdivision (b), the commission shall do all of the following: (1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant. (2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds. (3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet the candidate’s commitment pursuant to subdivision (j). (n) (1) If the commission is informed that more than 10 percent of a grant recipient’s sponsored candidates failed to earn a preliminary credential or meet the sponsored candidate’s commitment to teach pursuant to subdivision (j), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the grant recipient based on the number of candidates who failed to earn a preliminary credential or meet their teaching commitment above a 10-percent attrition rate. (2) The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California. (3) A candidate who obtains a waiver pursuant to subdivision (l) shall not count toward the 10-percent attrition rate. (o) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (n), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or a program operated by a joint powers authority that does not receive principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. (p) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (o) shall be deposited into the Proposition 98 Reversion Account. (q) (1) Grant recipients may recover from a sponsored candidate who fails to earn a preliminary credential or complete the period of placement the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California. (2) Costs considered as part of a candidate’s residency training for purposes of this subdivision shall not include costs associated with a candidate’s compensation package, mentor compensation, or overall program administration and shall be limited to costs incurred that are specific to that candidate, such as tuition and materials. (r) Grant recipients shall not charge a teacher resident a fee to participate in the Teacher Residency Grant Program. (s) (1) Notwithstanding paragraphs (2) and (3) of subdivision (a), the commission may allocate up to one million five hundred thousand dollars ($1,500,000) of the amount appropriated pursuant to subdivision (a) to capacity grants that shall be awarded on a competitive basis to local educational agencies or consortia, described in subparagraphs (A) to (D), inclusive, of paragraph (2) of subdivision (b), partnering with institutions of higher education to expand or create teacher residency programs that lead to more credentialed special education, or bilingual education, science, technology, engineering, or mathematics, teachers. (2) (A) The commission shall determine the number of capacity grants to be awarded and the amount of the applicable grants. (B) Individual capacity grants shall not exceed seventy-five thousand dollars ($75,000) per grant recipient. (t) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 70. (AB 126) Effective July 9, 2026. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44415.5. Source version: id_4261d110-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. (a) For purposes of this section, the following definitions apply for the Teacher Residency Grant Program: (1) “Experienced mentor teacher” means an educator who meets all of the following requirements: (A) Has at least three years of teaching experience and holds a clear credential in the subject in which the mentor teacher will be mentoring. For programs leading to the issuance of new PK-3 early childhood education specialist credentials, the mentor teacher must have at least three years of teaching experience in prekindergarten, transitional kindergarten, kindergarten, or any of grades 1 to 3, inclusive, and hold a clear multiple subject credential. (B) Has a record of successful teaching as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years. (C) Receives specific training for the mentor teacher role, and engages in ongoing professional learning and networking with other mentors. (D) Receives compensation, appropriate release time, or both, to serve as a mentor in the initial preparation or beginning teacher induction component of the teacher residency program. (2) “Teacher residency program” is a grant applicant-based program that partners with one or more commission-approved teacher preparation programs offered by a regionally accredited institution of higher education in which a prospective teacher teaches at least one-half time alongside a teacher of record, who is designated as the experienced mentor teacher, for at least one full school year while engaging in initial preparation coursework. (b) (1) For the 2021–22 fiscal year, the sum of three hundred fifty million dollars ($350,000,000) is hereby appropriated from the General Fund to the commission for the Teacher Residency Grant Program to support teacher residency programs that recruit and support the preparation of teachers pursuant to this section. This funding shall be available for encumbrance until June 30, 2026. (2) Grant funding awarded pursuant to this section shall be expended by a grant recipient within five fiscal years of the fiscal year in which the grant was awarded. (c) (1) The commission shall make grants to applicants to establish new teacher residency programs, or expand, strengthen, or improve access to existing teacher residency programs that support either of the following: (A) Designated shortage fields, including, but not limited to, special education, bilingual education, science, computer science, technology, engineering, mathematics, transitional kindergarten, or kindergarten, school counselors, and any other fields identified by the commission based on an annual analysis of state and regional hiring and vacancy data. (B) Local efforts to recruit, develop support systems for, provide outreach and communication strategies to, and retain a diverse teacher workforce that reflects a local educational agency community’s diversity. (2) Grant recipients shall work with one or more commission-accredited teacher preparation programs and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident teachers who will be supported through program funds and subsequently employed by the sponsoring grant recipient. (3) A grant applicant may consist of one or more, or any combination, of the following: (A) A school district. (B) A county office of education. (C) A charter school. (D) A regional occupational center or program operated by a joint powers authority or a county office of education. (d) Grants allocated pursuant to subdivision (c) shall be up to forty thousand dollars ($40,000) per teacher candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient at a rate of 80 percent of the first twenty-five thousand dollars ($25,000) of the grant amount received per participant, as described in subdivision (f). Residents are also eligible for other forms of federal, state, and local educational agency financial assistance to support the cost of their preparation. Grant program funding shall be used for, but is not limited to, any of the following: (1) Teacher preparation costs. (2) Stipends for mentor teachers, including, but not limited to, housing stipends. (3) Residency program staff costs. (4) Mentoring and beginning teacher induction costs following initial preparation. (5) Compensation for residents. (e) A grant recipient shall not use more than 5 percent of a grant award for program administration costs. (f) A grant recipient shall provide a match of grant funding in the form of one or both of the following: (1) Eighty cents ($0.80) for every one dollar ($1) of the first twenty-five thousand dollars ($25,000) in grant funding received per participant, to be used in a manner consistent with allowable grant activities pursuant to subdivision (d). (2) An in-kind match of program director personnel costs, mentor teacher personnel costs, resident compensation costs, or other personnel costs related to the Teacher Residency Grant Program, provided by the grant recipient. (g) Grant recipients shall do all of the following: (1) Ensure that candidates are prepared to earn a preliminary teaching credential, including a PK-3 early childhood education specialist credential, in furtherance of paragraph (1) of subdivision (c) upon completion of the program. (2) Ensure that candidates are provided instruction in all of the following: (A) Teaching the content area or areas in which the teacher will become certified to teach. (B) Planning, curriculum development, and assessment. (C) Learning and child development. (D) Management of the classroom environment. (E) Use of culturally responsive practices, supports for language development, and supports for serving pupils with disabilities. (F) Professional responsibilities, including interaction with families and colleagues. (3) Provide each candidate mentoring and beginning teacher induction support following the completion of the initial credential program necessary to obtain a clear credential and ongoing professional development and networking opportunities during the candidate’s first years of teaching at no cost to the candidate. (4) Prepare candidates to teach in a school within the jurisdiction of the grant recipient in which they will work and learn the instructional initiatives and curriculum of the grant recipient. (5) Group teacher candidates in cohorts to facilitate professional collaboration among residents, and ensure candidates are enrolled in a teaching school or professional development program that is organized to support a high-quality teacher learning experience in a supportive work environment. (6) (A) For grants awarded during and after the 2023–24 fiscal year, provide a minimum compensation package, which may include, but is not limited to, a living stipend or wages for employment of no less than twenty thousand dollars ($20,000) per candidate. Nothing in this section precludes a grant recipient from providing a larger compensation package to candidates, and grant recipients are encouraged to provide a compensation package to residents that is similar to the grant recipient’s compensation of school staff with comparable duties. (B) To the extent a grant recipient received an award of up to twenty-five thousand dollars ($25,000) per candidate before the 2023–24 fiscal year and is serving candidates during and after the 2023–24 school year with that award, and commits to providing the minimum compensation package to those candidates, the grant recipient may submit the number of those candidates and associated per-resident award to the commission for an additional per-resident allocation for a combined per-resident total of up to forty thousand dollars ($40,000). (h) To receive a grant, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission. (i) When selecting grant recipients, the commission shall do both of the following: (1) Require applicants to demonstrate a need for teachers in one or more designated shortage fields or for the purposes described in subparagraph (B) of paragraph (1) of subdivision (c), and to propose to establish a new, or expand, strengthen, or improve access to an existing, teacher residency program that recruits, prepares, and supports teachers to teach in either one or more such fields or in furtherance of subparagraph (B) of paragraph (1) of subdivision (c) in a school within the jurisdiction of the sponsoring grant applicant. (2) Give priority consideration to grant applicants who demonstrate a commitment to increasing diversity in the teaching workforce, have a higher percentage than other applicants of unduplicated pupils, as defined in Section 42238.02, and have one or more schools that exhibit one or both of the following characteristics: (A) A school where 50 percent or more of the enrolled pupils are eligible for free or reduced-price meals. (B) A school that is located in either a rural location or a densely populated region. (j) (1) A candidate in a teacher residency program sponsored by a grant provided pursuant to subdivision (c) shall agree in writing to serve in a school within the jurisdiction of the grant recipient that sponsored the candidate or another public school in California for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a preliminary teaching credential, including a PK-3 early childhood education specialist credential. The candidate shall also commit in the written agreement to annually reporting to their sponsoring local educational agency where they are employed and their current contact information until they have completed their service requirement or eight years after completion of residency, whichever occurs first. (2) A candidate shall have eight school years to complete the four-school-year teaching commitment. (3) This subdivision shall apply to any current candidate or teacher that participates in a residency program under this section. (k) If a candidate is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school years if any of the following occur: (1) The candidate has completed at least one-half of the school year. (2) The employer deems the candidate to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement. (3) The candidate was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the succeeding school year. (4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2061 et seq.) or similar state law. (5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States. (l) If a candidate is unable to complete their residency program or service requirement because of hardship, as defined by the commission, they may apply to waive any repayment obligation as described in subdivision (q). (m) For purposes of administering the grant program pursuant to subdivision (c), the commission shall do all of the following: (1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant. (2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds. (3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet their commitment pursuant to subdivision (j). (n) (1) If the commission is informed that more than 10 percent of sponsored candidates in a local educational agency’s yearly program cohort failed to earn a preliminary credential or failed to meet their commitment to teach pursuant to subdivision (j), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the grant recipient based on the number of candidates who failed to earn a preliminary credential or meet their teaching commitment above a 10-percent attrition rate. (2) The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California. (3) A candidate who obtains a waiver pursuant to subdivision (l) shall not count toward the 10-percent attrition rate. (o) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (n), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or program operated by a joint powers authority that does not receive a principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. (p) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (o) shall be deposited into the Proposition 98 Reversion Account. (q) (1) Grant recipients may recover from a sponsored candidate who fails to earn a preliminary credential, or who fails to complete the period of placement, the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a public school in California. (2) Costs considered as part of a candidate’s residency training for purposes of this subdivision shall not include costs associated with a candidate’s compensation package, mentor compensation, or overall program administration and shall be limited to costs incurred that are specific to that candidate, such as tuition and materials. (r) Grant recipients shall not charge a teacher resident a fee to participate in the Teacher Residency Grant Program. (s) (1) Notwithstanding subdivision (c), the commission may allocate up to twenty-five million dollars ($25,000,000) of the amount appropriated pursuant to subdivision (b) to capacity and sustainability grants that shall be awarded on a competitive basis to local educational agencies or consortia, as designated pursuant to this section, partnering with regionally accredited institutions of higher education to expand, strengthen, improve access to, or create teacher residency programs. (2) (A) The commission shall determine the number of capacity and sustainability grants to be awarded and the amount of the applicable grants. (B) Notwithstanding subparagraph (A), individual capacity and sustainability grants shall range between one hundred thousand dollars ($100,000) and three hundred thousand dollars ($300,000) per grant recipient, depending on the size of the program. (t) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 71. (AB 126) Effective July 9, 2026. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44415.6. Source version: id_476318e2-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. (a) (1) For the 2022–23 fiscal year, the sum of one hundred eighty-four million dollars ($184,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to augment the Teacher Residency Grant Program pursuant to Section 44415.5 to support teacher and school counselor residency programs that recruit and support the preparation of teachers and school counselors pursuant to this section. This funding shall be available for encumbrance until June 30, 2027. (2) Grant funding awarded pursuant to this section shall be expended by a grant recipient within five fiscal years of the fiscal year in which the grant was awarded. (b) For purposes of this section, the following definitions apply: (1) “Mentor school counselor” means a school counselor who meets all of the following requirements: (A) Has at least three years of experience and holds a clear pupil personnel services credential with a specialization in school counseling. (B) Has a record of successful counseling as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years. (2) “School counselor residency program” means a grant applicant-based program that partners with one or more commission-approved professional preparation programs offering preparation in school counseling provided by a regionally accredited institution of higher education in which a prospective school counselor works at least one-half time alongside a school counselor of record, who is designated as the mentor school counselor, for at least one full school year while engaging in initial preparation coursework. (c) Of the amount appropriated pursuant to subdivision (a), the commission shall determine how to prioritize funding for residency programs that serve school counselors in training. Funds allocated for teacher residencies shall be subject to the requirements of, and administered pursuant to, subdivisions (c) to (r), inclusive, of Section 44415.5. (d) Funds allocated by the commission for school counselor residency placements shall be administered pursuant to the following: (1) The commission shall make one-time grants to grant applicants to establish new school counselor residency programs or add school counselor residencies to existing teacher residency programs that support local efforts to recruit, develop support systems for, provide outreach and communication strategies to, and retain a diverse school counselor workforce that reflects a local educational agency community’s diversity. (2) Grant recipients shall work with one or more commission-accredited professional preparation programs specializing in school counseling and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident school counselors who will be supported through program funds and subsequently employed by the sponsoring grant recipient. (3) A grant applicant may consist of one or more, or any combination, of the following: (A) A school district. (B) A county office of education. (C) A charter school. (D) A regional occupational center or program operated by a joint powers authority or a county office of education. (e) Grants allocated for school counselor residencies pursuant to subdivision (c) shall be up to forty thousand dollars ($40,000) per school counselor candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient at a rate of 80 percent of the first twenty-five thousand dollars ($25,000) of the grant amount received per participant, as described in subdivision (g). Residents are also eligible for other forms of federal, state, and local educational agency financial assistance to support the cost of their preparation. Grant program funding shall be used for, but is not limited to, any of the following: (1) School counselor preparation costs. (2) Stipends for mentor school counselors. (3) Residency program staff costs. (4) Compensation for residents. (f) A school counselor residency grant recipient shall not use more than 5 percent of a grant award for program administration costs. (g) A school counselor residency grant recipient shall provide a match of grant funding in the form of one or both of the following: (1) Eighty cents ($0.80) for every one dollar ($1) of the first twenty-five thousand dollars ($25,000) in grant funding received per participant, to be used in a manner consistent with allowable grant activities pursuant to subdivision (e). (2) An in-kind match of program director personnel costs, mentor personnel costs, resident compensation costs, or other personnel costs related to the grant program, provided by the grant recipient. (h) School counselor residency grant recipients shall do all of the following: (1) Ensure that candidates are prepared to earn a pupil personnel services credential with a specialization in school counseling that will authorize the candidate to perform the following duties: (A) Develop, plan, implement, and evaluate a school counseling and guidance program that includes academic, career, personal, and social development. (B) Advocate for the high academic achievement and social development of all pupils. (C) Provide schoolwide prevention and intervention strategies and counseling services. (D) Provide consultation, training, and staff development to teachers and parents regarding pupils’ needs. (E) Supervise a local educational agency-approved educational counseling program as described in Section 49600. (2) Ensure that candidates are provided instruction in all of the following: (A) Engaging with, advocating for, and providing support for, all pupils with respect to learning and achievement. (B) Planning, implementing, and evaluating programs to promote the academic, career, personal, and social development of all pupils, including pupils from low-income families, foster youth, homeless youth, undocumented youth, pupils with disabilities, and pupils at all levels of academic, social, and emotional abilities. (C) Using multiple sources of information to monitor and support strategies to improve pupil behavior and achievement. (D) Collaborating and coordinating with school and community resources. (E) Promoting and maintaining a safe learning environment for all pupils by supporting the provision of restorative justice practices, positive behavior interventions, and support services. (F) Intervening to ameliorate school-related problems, including issues related to chronic absences. (G) Using research-based strategies to reduce stigma, conflict, and pupil-to-pupil mistreatment and bullying. (H) Improving school climate and pupil well-being. (I) Enhancing pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs. (J) Providing counseling interventions and support services for pupils classified as English learners, eligible for free or reduced-price meals, or foster youth, including enhancing equity and access to the education system and community services. (3) Prepare candidates to work as a school counselor in a school within the jurisdiction of the grant recipient in which they will work and learn the school culture and climate of the grant recipient. (4) Group school counselor candidates in cohorts, to the extent practicable, to facilitate professional collaboration among residents, and ensure candidates are enrolled in a professional development program that is organized to support a high-quality school counselor learning experience in a supportive work environment. (5) (A) For grants awarded during and after the 2023–24 fiscal year, provide a minimum compensation package, which can include, but is not limited to, a living stipend or wages for employment of no less than twenty thousand dollars ($20,000) per candidate. Nothing in this section precludes a grant recipient from providing a larger compensation package to candidates, and grant recipients are encouraged to provide a compensation package to residents that is similar to the grant recipient’s compensation of school staff with comparable duties. (B) To the extent a grant recipient received an award of up to twenty-five thousand dollars ($25,000) per candidate before the 2023–24 fiscal year and is serving candidates during and after the 2023–24 school year with that award, and commits to providing the minimum compensation package to those candidates, the grant recipient may submit the number of those candidates and associated per-resident award to the commission for an additional per-resident allocation for a combined per-resident total of up to forty thousand dollars ($40,000). (i) To receive a grant that supports school counselor residencies, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission. (j) When selecting residency grant recipients that include school counselors, the commission shall do both of the following: (1) Require applicants to demonstrate a need for school counselors, and to propose to establish or expand a residency program that recruits, prepares, and supports school counselors to work in a school within the jurisdiction of the sponsoring grant applicant. (2) Give priority consideration to grant applicants who demonstrate a commitment to increasing diversity in the school counselor workforce, have a higher percentage than other applicants of unduplicated pupils, as defined in Section 42238.02, and have one or more schools that exhibit one or both of the following characteristics: (A) A school where 50 percent or more of the enrolled pupils are eligible for free or reduced-price meals. (B) A school that is located in either a rural location or a densely populated region. (k) (1) A school counselor candidate in a residency program sponsored by a grant provided pursuant to subdivision (c) shall agree in writing to serve in one or more schools within the jurisdiction of the grant recipient that sponsored the candidate or another public school in California for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a pupil personnel services credential. The candidate shall also commit in the written agreement to annually reporting to their sponsoring local educational agency where they are employed and their current contact information until they have completed their service requirement or eight years after completion of residency, whichever occurs first. (2) A candidate shall have eight school years to complete the four-school-year school counselor commitment. (3) This subdivision shall apply to any current candidate or school counselor that participates in a residency program under this section. (l) If a candidate is unable to complete a school year as a school counselor, that school year may still be counted toward the required four complete school years if any of the following occur: (1) The candidate has completed at least one-half of the school year. (2) The employer deems the candidate to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement. (3) The candidate was not able to work as a school counselor due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the succeeding school year. (4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2061 et seq.) or similar state law. (5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States. (m) If a candidate is unable to complete their residency program or service requirement because of hardship, as defined by the commission, they may apply to waive any repayment obligation as described in subdivision (r). (n) For purposes of administering a school counselor residency grant program pursuant to subdivision (d), the commission shall do all of the following: (1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant. (2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds. (3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet their commitment pursuant to subdivision (k). (o) (1) If the commission is informed that more than 10 percent of sponsored school counselor residency candidates in a local educational agency’s yearly program cohort failed to earn a pupil personnel services credential or meet their commitment to work as a school counselor pursuant to subdivision (k), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the grant recipient based on the number of candidates who failed to earn a pupil personnel services credential or meet their service commitment above a 10-percent attrition rate. (2) The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate worked as a school counselor at least one year, but less than four years, at one or more public schools in California. (3) A candidate who obtains a waiver pursuant to subdivision (m) shall not count toward the 10-percent attrition rate. (p) Upon confirming the amount to be recovered from the school counselor residency grant recipient pursuant to subdivision (o), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or program operated by a joint powers authority that does not receive a principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate worked as a school counselor and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. (q) An amount recovered by the commission or deducted by the Controller pursuant to subdivision (p) shall be deposited into the Proposition 98 Reversion Account. (r) (1) School counselor residency grant recipients may recover from a sponsored candidate who fails to earn a pupil personnel services credential or complete the period of placement the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate worked as a school counselor at least one year, but less than four years, at a public school in California. (2) Costs considered as part of a candidate’s residency training for purposes of this subdivision shall not include costs associated with a candidate’s compensation package, mentor compensation, or overall program administration and shall be limited to costs incurred that are specific to that candidate, such as tuition and materials. (s) School counselor residency grant recipients shall not charge a school counselor resident a fee to participate in a school counselor residency grant program. (t) (1) Notwithstanding subdivision (d), the commission may allocate up to ten million dollars ($10,000,000) of the amount appropriated pursuant to subdivision (a) to capacity and sustainability grants that shall be awarded on a competitive basis to local educational agencies or consortia, as designated pursuant to this section, partnering with regionally accredited institutions of higher education to create school counselor residency programs that lead to more credentialed school counselors that reflect a local educational agency community’s diversity. (2) (A) The commission shall determine the number of capacity and sustainability grants to be awarded and the amount of the applicable grants. (B) Notwithstanding subparagraph (A), individual capacity and sustainability grants shall range between one hundred thousand dollars ($100,000) and three hundred thousand dollars ($300,000) per grant recipient, depending on the size of the program. (u) The commission shall conduct an evaluation of the school counselor residency grants allocated pursuant to this section to determine the effectiveness of this program in recruiting, developing support systems for, and retaining school counselors, and provide a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 1, 2029. (v) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 72. (AB 126) Effective July 9, 2026. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44415.7. Source version: id_50247d6b-403b-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. (a) For the 2022–23 fiscal year, the sum of twenty million dollars ($20,000,000) is hereby appropriated from the General Fund to the commission to select a local educational agency to serve as a statewide technical assistance center to support teacher residency programs, as described in Sections 44415.5 and 44415.6. Preference shall be given to local educational agencies that currently administer residency programs and that commit to partner with commission-approved teacher preparation programs with experience supporting a residency program or residency programs. These funds shall be available for encumbrance or expenditure until June 30, 2029. (b) The statewide technical assistance center shall collaborate with the commission to develop and disseminate technical assistance. The statewide technical assistance center is encouraged to obtain interest holder feedback to create a statewide framework for successful teacher residency program implementation and sustainability. The framework and technical assistance should leverage and build upon existing technical assistance offerings disseminated by local educational agencies, nonprofit organizations, institutions of higher education, and foundations. Technical assistance offered shall include, but not be limited to, all of the following: (1) Information to the field regarding the benefits of establishing residency programs to teacher candidates, local educational agencies, and teacher preparation programs. (2) Best practices in recruitment of residents, particularly residents that represent the diversity of the state’s pupil population. (3) Minimizing cost burden to residents, including leveraging Golden State Teacher Grant Program funding pursuant to Section 69617. (4) Best practices in partnership and administration of residency programs between local educational agencies and teacher preparation programs. (5) Scaling up and sustaining residency programs. (c) On or before December 31, 2029, the commission shall submit a report to the Governor and the appropriate policy and fiscal committees of the Legislature on the impact of the statewide technical assistance center in providing technical assistance to local educational agencies and teacher preparation programs to implement, scale up, and sustain residency programs to support a well-trained and diverse educator workforce. (d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2022, Ch. 571, Sec. 26. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44415.71. Source version: id_66383c44-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. (a) For the 2026–27 fiscal year, the Commission on Teacher Credentialing shall use the funding appropriated in Item 6100-488 of the Budget Act of 2026 for allocation to the statewide technical assistance center established pursuant to Section 44415.7 for the following purposes: (1) Support expanded regional technical assistance for teacher residency programs through June 30, 2034. (A) The center shall partner with an additional local educational agency to ensure statewide coverage of regional partner county offices of education. (B) In addition to providing the technical assistance outlined in Section 44415.7, the center shall also provide support and guidance to local educational agencies on implementing teacher apprenticeship and grow-your-own preparation programs, and retention programs, including, but not limited to, the National Board for Professional Teaching Standards Certification Incentive Program pursuant to Section 44395. (b) On or before December 31, 2034, the Commission on Teacher Credentialing shall submit a report to the Governor and the appropriate policy and fiscal committees of the Legislature, consistent with Section 9795 of the Government Code, on the impact of the statewide technical assistance center in providing technical assistance to local educational agencies, county offices of education, and other partners to support educators, including recommendations to improve and sustain statewide support systems. (Added by Stats. 2026, Ch. 65, Sec. 73. (AB 126) Effective July 9, 2026. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44415.8. Source version: id_ea2c5d30-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. (a) (1) For the 2025–26 fiscal year, the sum of seventy million dollars ($70,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to augment the Teacher Residency Grant Program pursuant to Section 44415.5 to support teacher residency programs that recruit and support the preparation of teachers. This funding shall be available for encumbrance until June 30, 2030. (2) Grant funding awarded pursuant to this section shall be expended by a grant recipient within five fiscal years of the fiscal year in which the grant was awarded. (b) It is the intent of the Legislature that the commission utilizes the grant management system developed pursuant to subdivision (a) of Section 44400.3 to streamline the Teacher Residency Grant Program application and administration with other educator recruitment and retention programs administered by the commission. (c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 of the Education Code, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2025–26 fiscal year. (Added by Stats. 2025, Ch. 8, Sec. 37. (AB 121) Effective June 27, 2025. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44415.9. Source version: id_6c856506-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. (a) (1) For the 2026–27 fiscal year, the sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the Commission on Teacher Credentialing to augment the Teacher Residency Grant Program pursuant to Sections 44415.5 and 44415.6 to support teacher and school counselor residency programs that recruit and support the preparation of teachers and school counselors. This funding shall be available for encumbrance until June 30, 2030. (2) Grant funding awarded pursuant to this section shall be expended by a grant recipient within five fiscal years of the fiscal year in which the grant was awarded. (b) Funds appropriated pursuant to subdivision (a) shall be available for capacity and sustainability grants authorized pursuant to subdivision (s) of Section 44415.5 and subdivision (t) of Section 44415.6. (c) It is the intent of the Legislature that the commission utilizes the grant management system developed pursuant to subdivision (c) of Section 44400.03 to streamline the Teacher Residency Grant Program application and administration with other educator recruitment and retention programs administered by the commission. (d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2026–27 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 74. (AB 126) Effective July 9, 2026. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44416. Source version: id_742f0479-0c95-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. (a) For the 2018–19 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the commission to establish the Local Solutions Grant Program to provide one-time competitive grants to local educational agencies to develop and implement new, or expand existing, locally identified solutions that address a local need for special education teachers. This funding shall be available for encumbrance through June 30, 2023, and available for liquidation through June 30, 2028. (b) (1) A grant shall be up to twenty thousand dollars ($20,000) per teacher participant that the identified solution proposes to support, matched by that local educational agency or consortium on a dollar-for-dollar basis. Grant program funding may be used for local efforts to recruit, develop support systems for, and retain special education teachers that include, but are not limited to, teacher career pathways, signing bonuses for newly credentialed teachers who earn an education specialist credential, mentors for existing teachers, professional learning communities, service awards, teacher service scholarships, student debt payment, living stipends for newly credentialed teachers who earn an education specialist credential, or other solutions that address a local need for special education teachers. (2) (A) A teacher participant who receives a teacher service scholarship, signing bonus, or student debt payment shall agree to teach at a school within the jurisdiction of the grant recipient and work as an education specialist serving a caseload of pupils who receive special education services in a special education setting for four years, and the teacher participant shall have five years to meet that obligation. (B) A teacher participant who fails to complete the service obligation described in subparagraph (A) shall reimburse the sponsoring grant recipient the amount of grant funding received as a teacher service scholarship, signing bonus, or student debt payment. The amount to be reimbursed shall be adjusted proportionately to reflect the service provided if the teacher participant taught at least one year, but less than the required four years, at the sponsoring grant recipient. (C) If a teacher participant is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school years if any of the following occur: (i) The teacher participant has completed at least one-half of the school year. (ii) The employer deems the teacher participant to have fulfilled the teacher participant’s contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement. (iii) The teacher participant was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the next succeeding school year. (iv) The teacher participant has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law. (v) The teacher participant was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States. (D) If the commission determines or is informed that a teacher participant who fails to complete the service obligation described in subparagraph (A), the commission shall confirm with the grant recipient the applicable grant amount to be recovered from the teacher participant and the grant recipient. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the teacher participant taught at least one year, but less than four years, at the sponsoring grant recipient. (E) Upon confirming the amount to be recovered from the grant recipient pursuant to subparagraph (D), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or a program operated by a joint powers authority that does not receive principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the teacher participant taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. (F) An amount recovered by the commission or deducted by the Controller pursuant to subparagraph (E) shall be deposited into the Proposition 98 Reversion Account. (G) Grant recipients may recover from a teacher participant who fails to complete the service obligation described in subparagraph (A) the amount of grant funding received as a teacher service scholarship, signing bonus, or student debt payment. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the teacher participant taught at least one year, but less than four years, at the sponsoring grant recipient. (c) A grant recipient shall not use more than 5 percent of a grant award for program administration costs. (d) A grant recipient shall provide a 100-percent match of grant funding to support, complement, or enhance the local solution identified in subdivision (h). The match shall be in the form of one or both of the following: (1) One dollar ($1) for every one dollar ($1) of grant funding received. (2) An in-kind match. (e) An applicant may consist of one or more, or any combination, of the following: (1) A school district. (2) A county office of education. (3) A charter school. (4) A regional occupational center or program operated by a joint powers authority. (f) To receive a grant, an applicant shall submit to the commission an application at a time, in a manner, and containing information prescribed by the commission. (g) A grant recipient shall not use funds from a Local Solutions Grant Program award to support teacher candidates participating in a program supported by an award from the Teacher Residency Grant Program established pursuant to Section 44415. (h) When selecting grant recipients, the commission shall require applicants to demonstrate a local need for special education teachers and present a plan that proposes one or more solutions that address that local need. (i) For purposes of administering the grant program pursuant to this section, the commission shall do all of the following: (1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant. (2) Require grant recipients to annually report the status and progress of the identified solution and to submit a final implementation report within five years of receiving a grant award that describes the outcomes and effectiveness of the identified solution. (3) Allocate 90 percent of funding to each grant recipient at the time of the initial grant award and allocate the final 10 percent of grant funding upon receipt of the final implementation report. If the grantee fails to provide the final implementation report pursuant to paragraph (2), the grantee shall not receive the final 10 percent of the grant award. (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year. (Amended by Stats. 2019, Ch. 497, Sec. 54. (AB 991) Effective January 1, 2020. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44417. Source version: id_8df75c52-815d-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. The commission shall conduct an evaluation of the Teacher Residency Grant Program established in Section 44415 and the Local Solutions Grant Program established in Section 44416 to determine the effectiveness of these programs in recruiting, developing support systems for, and retaining special education, and bilingual education, science, technology, engineering, and mathematics, teachers and provide a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature by December 1, 2023. (Added by Stats. 2018, Ch. 32, Sec. 39. (AB 1808) Effective June 27, 2018. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44417.5. Source version: id_ae0b630b-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. The commission shall conduct an evaluation of the Teacher Residency Grant Program described in Section 44415.5 to determine the effectiveness of this program in recruiting, developing support systems for, and retaining teachers prepared to teach either in commission-designated shortage areas or in furtherance of subparagraph (B) of paragraph (1) of subdivision (c) of Section 44415.5, and provide a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 1, 2029. (Amended by Stats. 2023, Ch. 48, Sec. 36. (SB 114) Effective July 10, 2023. Repealed as of January 1, 2036, pursuant to Section 44418.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 16. Teacher Recruitment, Retention, and Support Grant Programs [44415 - 44418] SECTION 44418. Source version: id_4c630124-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=16. This article shall remain in effect only until January 1, 2036, and as of that date is repealed. (Amended by Stats. 2026, Ch. 65, Sec. 75. (AB 126) Effective July 9, 2026. Repealed as of January 1, 2036, by its own provisions. Note: Repeal affects Article 16, commencing with Section 44415.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44210. Source version: id_ec0ae1a0-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) There is hereby established in the state government the Commission on Teacher Credentialing, to consist of 15 voting members, 14 of whom shall be appointed by the Governor with the advice and consent of the Senate, as specified in paragraphs (2) to (9), inclusive. The commission shall consist of the following members: (1) The Superintendent or the Superintendent’s designee. (2) (A) Six practicing teachers from public elementary and secondary schools in California, except as provided in subparagraph (B). (B) Of the six members appointed pursuant to this paragraph, one member may be a teacher holding a commission-issued child development teacher permit who teaches at a state-funded preschool program or prekindergarten program licensed pursuant to Chapter 19 of Division 1 of Title 5 of the California Code of Regulations. (3) One person who is employed on the basis of a services credential other than an administrative services credential. (4) One member of the governing board of a school district. (5) One early childhood faculty member representing the early childhood higher education systems who teaches at either (A) an early childhood or child development baccalaureate degree program at one of the California State University or University of California campuses or (B) an associate degree program in one of the California Community Colleges’ early childhood education programs. The Governor shall make the initial appointment pursuant to this paragraph upon the occurrence of the first vacancy of a public representative position, as described in paragraph (6), that occurs on or after January 1, 2026. (6) Three representatives of the public, until the first vacancy of a member appointed pursuant to this paragraph that occurs on or after January 1, 2026, after which there shall be two representatives of the public. The occurrence of this vacancy shall not affect the status of the remaining two public representatives that had previously been appointed. None of these persons shall have been employed by an elementary or secondary school district in a position requiring certification, or shall have served as a school district governing board member in the five-year period immediately before the public member’s appointment to the commission. (7) One school administrator in a public elementary or secondary school in California. (8) One certificated human resources administrator in a public elementary or secondary school in California. (9) One faculty member from a college or university that grants baccalaureate degrees. (b) With the exception of the representatives of the public and the Superintendent, the appointment of a member shall terminate if the member is no longer a practicing teacher in a public elementary or secondary school or a teacher holding a commission-issued child development permit as described in paragraph (2) of subdivision (a), a person who is employed on the basis of a valid services credential, a school administrator, a certificated human resources administrator, a faculty member of a college or university that grants baccalaureate degrees, a faculty member as described in paragraph (5) of subdivision (a), or a member of the governing board of a school district, as may be the case, in California. (c) Not more than one member of the commission is to be appointed from the same school district or college or university campus. (d) Commencing July 1, 1989, four members shall be appointed to the commission for terms of two years, five members for terms of three years, and five members for terms of four years. (e) Each appointment pursuant to this section shall expire on November 20 of the year of expiration of the applicable term. All appointments made pursuant to this section are subject to Section 44213. (Amended by Stats. 2025, Ch. 181, Sec. 1. (AB 1123) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44210.5. Source version: id_d4a12b27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. It is the intent of the Legislature that appointees to the commission reflect the ethnic and cultural diversity of the California public schools. (Added by Stats. 1988, Ch. 1355, Sec. 4.6.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44211. Source version: id_d4a12b29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. Representatives of statewide organizations may submit for the Governor’s consideration the names of distinguished individuals to serve on the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44212. Source version: id_05bbba2c-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) The Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Association of Independent California Colleges and Universities shall each appoint a representative to serve as an ex officio member without a vote in proceedings of the commission. (b) The ex officio members shall not vote in the proceedings of the commission or in any of its committees or subcommittees, except, by a majority vote of the commission, ex officio members may be permitted to vote in committees or subcommittees in order to establish a quorum or as otherwise determined by majority vote of the commission. (Amended by Stats. 2020, Ch. 370, Sec. 59. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44213. Source version: id_d4a12b2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. Except as otherwise provided pursuant to Section 44210, upon the expiration of the term of office of an appointive member of the commission, the member’s successor shall be appointed for a term of four years. No person shall be appointed by the Governor to serve more than two consecutive full terms. Prior service on the commission for a term of less than three years resulting from an initial appointment or an appointment for the remainder of an unexpired term shall not be counted as a full term. (Amended by Stats. 1988, Ch. 1355, Sec. 4.8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44214. Source version: id_d4a12b2f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. If a member is absent from any four regularly scheduled meetings in any calendar year, his or her office as a member of the commission shall be deemed vacant. The chairperson of the commission shall forthwith notify the Governor that the vacancy exists. (Amended by Stats. 1990, Ch. 216, Sec. 15.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44215. Source version: id_d4a12b31-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. Except as provided pursuant to Section 44217 with respect to private citizens, the members of the commission shall serve without compensation, but shall be reimbursed for their actual and necessary travel expenses incurred in the performance of their duties. (Amended by Stats. 1978, Ch. 442.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44216. Source version: id_d4a2b1d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. Whenever an employee of any public school district, state college, or other public agency is appointed to membership on the commission, his employer shall grant him sufficient time away from his regular duties, without loss of income or other benefits to which he is entitled by reason of his employment, to attend meetings of the commission and to attend to the duties imposed upon him by reason of his membership on the commission. The employer of any such member may make available such stenographic, secretarial, and staff assistance as is reasonably necessary to enable him to execute the duties imposed upon him by reason of his membership on the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44217. Source version: id_d4a2b1d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The compensation of the members of the commission who are public employees shall not be reduced by the agency or body by which they are regularly employed for any absence from service occasioned by attendance upon the business of the commission, its committees or subcommittees. Each school district which employs a member of the commission and which is required to employ a person to replace such member during his attendance at meetings of the commission or any committee or subcommittee thereof, shall be reimbursed from the Teacher Credentials Fund for the cost incurred by employing a replacement. A private citizen member may be provided from the Teacher Credentials Fund a stipend of up to fifty dollars ($50) per day, exclusive of per diem, for attendance at a meeting of the commission or any committee or subcommittee thereof, if such attendance results in loss of income. (Amended by Stats. 1978, Ch. 442.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44218. Source version: id_d4a2b1d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The commission by majority vote of all its members shall elect its own chairman from among its members. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44219. Source version: id_4a858084-03e8-11da-bd8e-cca0f815df02 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The commission shall meet as deemed appropriate and necessary by the chairperson and the executive committee to accomplish its duties, but shall meet no fewer than once each quarter of the year. In order that any allegation of misconduct and the effect thereof, if any, upon the application or credential of a certified employee are determined, as required by subdivision (b) of Section 44244, no later than six months after an investigation is commenced, the commission or the Committee of Credentials shall meet more frequently than once each quarter, if possible. (Amended by Stats. 2005, Ch. 73, Sec. 6. Effective July 19, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44220. Source version: id_d4a2b1db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) The commission shall appoint an executive director, who shall be exempt from the provisions of the State Civil Service Act, and may in its discretion remove him or her by a majority vote of all its members. He or she shall be the secretary to the commission and its chief executive officer. He or she shall receive the salary that the commission determines, and, subject to appropriation, other prerequisites that the commission determines. (b) Any power, duty, purpose, function, or jurisdiction that the commission may lawfully delegate is delegated to the executive director, unless the commission specifically has reserved the same for its own action. (c) Pursuant to subdivision (aa) of Section 11126 of the Government Code, the commission may hold closed sessions when considering matters relating to the recruitment, appointment, employment, or removal of the executive director. (Amended by Stats. 1992, Ch. 1050, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44221. Source version: id_a11aebeb-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The commission may employ personnel as necessary to carry out its duties and responsibilities. The staff of the commission shall be subject to the provisions of the State Civil Service Act contained in Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code. All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred to the Commission on Teacher Credentialing or engaged in the administration of a law, the administration of which is transferred to the commission, shall remain in the state civil service and may request transfer to the commission or remain with the department on the effective date of this section. The status, position, and rights of any person shall not be affected by his or her transfer and shall continue to be retained pursuant to the State Civil Service Act, except as to positions the duties of which are vested in a position that is exempt from civil service. (Amended by Stats. 2009, Ch. 53, Sec. 1. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44221.1. Source version: id_cdd3021e-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) The Governor may appoint one deputy to the executive director of the commission. A deputy to the executive director appointed pursuant to this section shall be exempt from state civil service pursuant to subdivision (f) of Section 4 of Article VII of the California Constitution. (b) It is the intent of the Legislature that appointments to the exempt position described in subdivision (a) do not result in an increase in the amount appropriated to the commission in the annual Budget Act or a net increase in the expenditures of the commission. (Added by Stats. 2024, Ch. 889, Sec. 1. (SB 1263) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44222. Source version: id_d4a2b1df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The Department of Education shall assist the commission in any manner the commission may request in implementing this chapter; provided that the department shall be reimbursed from the Teacher Credentials Fund for any expenses incurred in assisting the commission or the Committee of Credentials. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44223. Source version: id_564b842a-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) (1) The commission and the department shall develop a survey no later than July 1, 2023, for purposes of collecting data from teachers of local educational agencies resigning their positions or electing not to accept a teaching assignment for the upcoming school year, including data on whether or not they are exiting the profession. (2) In developing the survey pursuant to paragraph (1), the commission and the department shall gather input from education stakeholders. (b) On and after the commencement of the 2023–24 school year, a local educational agency is encouraged to administer the survey developed by the commission and the department within 15 days of a teacher of the local educational agency resigning their position or electing not to accept a teaching assignment for the upcoming school year. (c) In developing the survey pursuant to subdivision (a), the commission and the department may use existing resources, including, but not limited to, the California School Climate, Health, and Learning Survey. (d) A local educational agency is encouraged to report the results of surveys administered pursuant to subdivision (b) to the commission on an annual basis. (e) (1) The commission shall work with the department to prepare an annual report that compiles the data provided pursuant to subdivision (d), submit the report to the department and the Legislature, and post the report on its internet website. (2) A report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (3) Paragraphs (1) and (2) shall be implemented only upon appropriation of funds for this purpose by the Legislature in the annual Budget Act or in another statute. (f) It is the intent of the Legislature that the data from the surveys shall be used to examine future statewide investments on teacher recruitment and retention efforts. (g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive. (Added by Stats. 2022, Ch. 924, Sec. 1. (SB 1487) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44224. Source version: id_bac96ee7-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) For purposes of this section, “campaign” means the public awareness campaign described in subdivision (b). (b) The commission shall contract with a public relations organization, or other organization with similar expertise, to develop a public awareness campaign that highlights the value and benefits of educational careers in California’s public schools, spanning from prekindergarten and kindergarten to elementary and secondary schools serving pupils in any of grades 1 to 12, inclusive. (c) The campaign shall recognize the value of the contributions made by public school teachers and encourage individuals to enter the teaching profession. (d) The campaign shall include information about available high-quality teacher credentialing pathways and available financial supports. (e) The campaign may include, but is not limited to, the development and distribution of statewide public service announcements relating to teacher recruitment and outreach to high school pupils and college students. (f) It is the intent of the Legislature that the cost of the public awareness campaign established by this section not exceed nine hundred thousand dollars ($900,000). (Added by Stats. 2023, Ch. 671, Sec. 1. (AB 934) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44225. Source version: id_160a0663-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The commission shall do all of the following: (a) Establish professional standards, assessments, and examinations for entry and advancement in the education profession. While the Legislature recognizes that the commission will exercise its prerogative to determine those requirements, it is the intent of the Legislature that standards, assessments, and examinations be developed and implemented for the following: (1) (A) The preliminary teaching credential, to be granted upon possession of a baccalaureate degree from a regionally accredited institution of higher education, completion of an accredited program of professional preparation, and either successful passage of an examination or assessment that has been adopted or approved by the commission in the subject or subjects appropriate to the grade level to be taught, to include college-level reading, writing, and mathematics skills, or completion of an accredited program of subject matter preparation and successful passage of the basic skills proficiency test as provided for in Article 4 (commencing with Section 44250). The commission shall uniformly consider the results of the basic skills proficiency test in conjunction with other pertinent information about the qualifications of each candidate for a preliminary credential, and may award the credential on the basis of the overall performance of a candidate as measured by several criteria of professional competence if the candidate meets minimum standards set by the commission on each criterion. Upon application by a regionally accredited institution of higher education, the commission may categorically grant credit to coursework completed in an accredited program of professional preparation, as specified by this paragraph, by undergraduates of that institution, if the commission finds there are adequate assurances of the quality of necessary undergraduate instruction in the liberal arts and in the subject area or areas to be taught. (B) Notwithstanding subparagraph (A), for single subject teaching credentials, the baccalaureate degree shall not be in the subject of professional education. (2) The professional teaching credential, to be granted upon successful passage of a state examination or assessment in the subject or subjects appropriate to the grade level to be taught, to include college-level basic reading, writing, and mathematics skills, and completion of a period of beginning teacher support that includes assessments of ability to teach subject matter to pupils, ability to work well with pupils, classroom management, and instructional skills. A candidate who successfully passes the examination or assessment pursuant to paragraph (1) shall be deemed to have passed the state examination or assessment in the subject or subjects to be taught pursuant to this paragraph. (b) (1) Reduce and streamline the credential system to ensure teacher competence in the subject field or fields, while allowing greater flexibility in staffing local schools. The commission shall award the following types of credentials to applicants whose preparation and competence satisfy its standards: (A) Basic teaching credentials for teaching in kindergarten, or any of grades 1 to 12, inclusive, in public schools in the state. (B) Credentials for teaching adult education classes and vocational education classes. (C) Credentials for teaching specialties, including, but not necessarily limited to, bilingual education, early childhood education, and special education. The commission may grant credentials to any candidate who concurrently meets the commission’s standards of preparation and competence for the preliminary basic teaching credential and the preliminary specialty credential. (D) Credentials for school services, for positions including, but not necessarily limited to, administrators, school counselors, speech-language therapists, audiologists, school psychologists, library media teachers, supervisors of attendance, and school nurses. (2) The commission may establish standards and requirements for preliminary and professional credentials of each type. (c) Review and, if necessary, revise the code of ethics for the teaching profession. (d) Establish standards for the issuance and renewal of credentials, certificates, and permits. In setting standards, the commission shall seek to ensure, through its credentialing of teachers, that public school teachers satisfy all of the following criteria: (1) Are academically talented. (2) Are knowledgeable of the subjects to be taught in the classroom. (3) Are creative and energetic. (4) Have the human skills to motivate and inspire pupils to achieve their goals. (5) Have the sensitivity to foster self-esteem in pupils through recognition that each pupil has their own goals, talents, and levels of development. (6) Are willing to relate the educational process and their instructional strategies to meet the needs of pupils. (7) Are able to work effectively with and motivate pupils from a variety of ethnic, socioeconomic, cultural, academic, and linguistic backgrounds. (8) Have an understanding of principles and laws related to educational equity, and the equitable practice of the profession of education among all pupils regardless of their ethnicity, race, gender, age, religious background, primary language, or disabling condition. (e) Determine the scope and authorization of credentials to ensure competence in teaching and other educational services, and establish sanctions for the misuse of credentials and the misassignment of credentialholders. The commission may grant an added or supplementary authorization to a credentialholder who has met the requirements and standards of the commission for the added or supplementary authorization. The commission shall exempt the holder of a teaching credential obtained before January 1, 1974, who adds an authorization by successfully completing a commission-approved subject matter examination, from the requirements of subdivision (e) of Section 44259 and Section 44261. (f) Collect, compile, and disseminate information regarding exemplary practices in supporting and assessing beginning teachers. (g) Establish alternative methods for entry into the teaching profession, and into other certificated roles in the schools, by persons in varying circumstances, including persons who have been educated outside of California, provided that each applicant satisfies all of the requirements established by the commission. One alternative method shall be the successful completion of at least two years of classroom instruction under a district intern certificate pursuant to Article 7.5 (commencing with Section 44325). In establishing alternative methods for entry into the teaching profession, the commission shall develop strategies to encourage classroom aides to become credentialed teachers. (h) Adopt a framework and general standards for the accreditation of preparation programs for teachers and other certificated educators pursuant to Article 7 (commencing with Section 44320). (i) Appoint classroom teachers, school administrators, other school services personnel, representatives of the public, and public or private higher education representatives to one or more standing committees, which shall be given authority to recommend to the commission standards relating to examinations, performance assessments, program accreditation, and licensing. The commission shall establish criteria for membership on those committees, and shall determine the terms of committee members. Appointments to standing committees by the commission shall reflect, to the extent feasible, the ethnic and cultural diversity of the California public schools. (j) Consult with classroom teachers, faculty members from institutions of higher education that maintain accredited programs of professional preparation for teachers, administrators or other school services personnel, and other experts to aid in the development of examinations and assessments, and to study the impact of examinations and assessments on the teaching profession. To increase the fairness of its certification decisions, the commission may uniformly consider the results of tests, subtests, and assessments in conjunction with each other, and in conjunction with other pertinent information about the qualifications of each candidate. The commission may award credentials on the basis of average overall performances by candidates on several criteria of professional competence if the candidate meets minimum standards set by the commission on each criterion. (k) Adopt standards for all examinations and assessments that shall ensure that all prospective teachers demonstrate an understanding of the history and cultures of the major ethnic populations of this state and of teaching strategies for the acquisition of English language skills by non-English-speaking pupils. (l) Determine the terms of credentials, certificates, and permits, except that no credential, certificate, or permit shall be valid for more than five years from the date of issuance. This article shall govern the issuance of any credential, certificate, or permit, except as follows: (1) A credential, certificate, or permit shall remain in force as long as it is valid and continues to be valid under the laws and regulations that were in effect when it was issued. (2) The commission shall grant teaching credentials pursuant to statutes that were in effect on December 31, 1988, to candidates who, before the effective date of regulations to implement subdivision (a), were in the process of meeting the requirements for teaching credentials that were in effect on December 31, 1988, except that neither enrollment as an undergraduate student nor receipt of a baccalaureate degree from a regionally accredited institution of higher education before the effective date of the regulations shall, by itself, exempt a candidate from the requirements of subdivision (a). Enrollment in a preparation program for teachers before the effective date of the regulations shall not exempt a candidate from the requirements of paragraph (2) of subdivision (a), if the preliminary credential of the candidate was granted after the effective date of the regulations. (m) (1) Review requests from school districts, county offices of education, private schools, and postsecondary institutions for the waiver of one or more of the provisions of this chapter or other provisions governing the preparation or licensing of educators. The commission may grant a waiver upon finding that the professional preparation equivalent to that prescribed under the provision or provisions to be waived will be, or has been, completed by the credential candidate or candidates affected, or that a waiver is necessary to accomplish any of the following: (A) Give a local educational agency one semester or less to address unanticipated, immediate, short-term shortages of fully qualified educators by assigning a teacher who holds a basic teaching credential to teach outside of the teacher’s credential authorization, with the teacher’s consent. (B) Provide credential candidates additional time to complete a credential requirement. (C) Allow local school districts or schools to implement an education reform or restructuring plan. (D) Temporarily exempt from a specified credential requirement small, geographically isolated regions with a severely limited ability to develop personnel. (E) Provide other temporary exemptions when deemed appropriate by the commission. (2) No provision in this chapter shall be waived under Sections 33050 and 33051, after June 30, 1994, by the state board. (n) It is the intent of the Legislature that the commission develop models for voluntary use by California colleges and universities that do not have these models in place, to assist in the screening of applications for admission to teacher education programs. The models shall give emphasis to the following qualifications of the applicants: academic talent, knowledge of subjects to be taught, basic academic skills, creativity, experience in working with children and adolescents, ability to motivate and inspire pupils, and willingness to relate education to pupils with a wide variety of cultural, ethnic, and academic backgrounds. The commission may continue to administer the state basic skills proficiency test, in order (1) to use the results of this test in awarding preliminary teaching credentials and emergency permits, and (2) to enable colleges and universities to use this test in conjunction with other appropriate sources of information in teacher preparation admission decisions. However, it is the intent of the Legislature that applicants for admission to teacher preparation programs shall not be denied admission solely on the basis of state basic skills proficiency test results. The commission may recover the costs of administering and developing the test by charging examinees a fee for taking the test. (o) It is the intent of the Legislature that the commission encourage colleges and universities to design and implement, by August 1, 1990, concentrated internship programs for persons who have attained a baccalaureate degree in the field in which they intend to teach. Those programs would be targeted at subject area shortages, would substitute for conventional training programs, and would include a full summer session of college-level coursework, a one-year internship, or the equivalent, a seminar throughout the internship, and a summer session following the internship. Educator preparation through internship programs shall be subject to Article 10 (commencing with Section 44370). (p) Grant a field placement certificate to a candidate who has been admitted to an accredited program of professional preparation, and who must complete a supervised practicum in public elementary or secondary schools as a condition for completion of the program. The commission shall establish standards for the issuance of field placement certificates. (q) Propose appropriate rules and regulations to implement Chapter 1355 of the Statutes of 1988. (r) Adopt subject matter assessments for teaching credentials after developing those assessments jointly with the Superintendent. (Amended by Stats. 2021, Ch. 663, Sec. 2. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44225.5. Source version: id_d4a43883-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The Commission on Teacher Credentialing shall adopt standards for the issuance of teaching credentials to persons who received a score equal to or exceeding the minimum acceptable score set by the commission. (Amended by Stats. 1994, Ch. 922, Sec. 76. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44225.6. Source version: id_071ca10c-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) By April 15 of each year, the commission shall report to the Legislature and the Governor on the availability of teachers in California. This report shall include all of the following information: (1) The number of individuals recommended for credentials by institutions of higher education and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4. (2) The number of individuals recommended for credentials by school districts operating district internship programs and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4. (3) The number of individuals receiving an initial credential based on a program completed outside of California and each type of credential, certificate, or authorization for which they were recommended, including authorizations issued pursuant to Sections 44253.3 and 44253.4. (4) The number of individuals receiving an emergency permit or credential waiver. (5) The number of individuals receiving the certificate of completion of staff development in methods of specially designed content instruction delivered in English pursuant to paragraph (1) of subdivision (d) of Section 44253.11. (6) Statewide, by county, and by school district, the number of individuals serving in the following capacities and as a percentage of the total number of individuals serving as teachers statewide, in the county, and in the school district: (A) University internship. (B) District internship. (C) Emergency-style permit, including any emergency permit, short-term staff permit, or provisional intern permit. (D) Waiver of certification. (E) Teaching permit for statutory leave issued pursuant to Division 8 of Title 5 of the California Code of Regulations. (F) Preliminary or clear credential. (G) An authorization issued pursuant to Section 44253.3. (H) Certificates or authorizations issued pursuant to Section 44253.3, 44253.4, 44253.10, or 44253.11, if available. (I) The number of individuals serving English learner pupils in settings calling for English language development, in settings calling for specially designed academic instruction in English, or in primary language instruction, without the appropriate authorization under Section 44253.3, 44253.4, 44253.10, or 44253.11, or under another statute, if available. The commission may use data from the department’s Annual Language Census Survey to report the data required pursuant to this paragraph. (7) The specific subjects and teaching areas in which there are a sufficient number of new holders of credentials to fill the positions currently held by individuals with emergency permits. (b) The commission shall make this report available to school districts and county offices of education to assist them in the recruitment of credentialed teachers and shall make the report and supporting data publicly available on the commission’s internet website. (c) A common measure of whether teacher preparation programs are meeting the challenge of preparing increasing numbers of new teachers is the number of teaching credentials awarded. The number of teaching credentials recommended by these programs and awarded by the commission are indicators of the productivity of teacher preparation programs. The commission shall include in the report prepared for the Legislature and the Governor pursuant to subdivision (a) the total number of teaching credentials recommended by all accredited teacher preparation programs authorized by the commission and the number recommended by each of the following: (1) The University of California system. (2) The California State University system. (3) Independent colleges and universities that offer teacher preparation programs approved by the commission. (4) Other institutions that offer teacher preparation programs approved by the commission. (d) The commission shall periodically provide reports and recommendations to the Legislature, in compliance with Section 9795 of the Government Code, regarding the state’s teacher workforce for purposes of developing and reviewing state policy, identifying workforce trends, and identifying future needs. These reports shall be made publicly available on the commission’s internet website. The commission may make use of information obtained from the department, including, but not necessarily limited to, information obtained pursuant to Section 44258.9, for these purposes. (e) The commission may use information obtained from the department garnered through the California Longitudinal Pupil Achievement Data System to facilitate the development of the annual Teacher Supply Report as outlined in subdivision (a) and to analyze and publicly report educator workforce trends, including, but not limited to, recipients of commission-issued grants, teacher shortage indicators defined in subdivision (b) of Section 44258.9, preparation program workforce placements, and workforce mobility, retention, and attrition. (f) For purposes of this section, “authorization” has the same meaning as defined in subdivision (a) of Section 44203. (Amended by Stats. 2026, Ch. 65, Sec. 57. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44225.7. Source version: id_94a37d6a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) The commission may approve a school district request for the assignment of an individual pursuant to subdivision (m) of Section 44225 or Section 44300 if the district has certified by an annual resolution of the governing board that it has made reasonable efforts to recruit a fully prepared teacher for the assignment. If a suitable fully prepared teacher is not available to a school district, the district under all circumstances shall make reasonable efforts to recruit an individual for the assignment, in the following order: (1) A candidate who is qualified to participate and enrolls in an approved internship program in the region of the school district. (2) A candidate who is scheduled to complete preliminary credential requirements within six months. The commission shall assure that the employer will provide orientation, guidance, and assistance to the candidate. (b) If a suitable individual who meets the priorities listed in subdivision (a) is not available to the school district, the district, as a last resort, may request approval for the assignment of a person who does not meet that criteria. (c) As the supply of teaching interns increases as a result of legislative efforts to expand the Alternative Certification Program, the commission shall notify school districts that state policy directs the assignment of interns to classrooms when available in a given region, with decreased reliance on persons serving on emergency permits or credential waivers. (d) As the supply of fully prepared teachers increases as a result of the Legislature’s efforts to recruit and retain qualified teachers for California classrooms, the commission shall notify school districts that state policy directs the assignment of fully prepared teachers to California classrooms, with the use of permits or waivers only when school districts are geographically isolated from teacher preparation programs or in the case of unanticipated, short-term need for the assignment of personnel. (e) As used in this section, a “fully prepared teacher” means an individual who has completed a teacher preparation program. For purposes of this subdivision, a “teacher preparation program” means either a set of courses, including supervised field experience, or an equivalent alternative program, that provides a curriculum of systematic preparation for serving as an educator in California public schools. (Amended by Stats. 2008, Ch. 518, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44225.8. Source version: id_493c12e2-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) All teacher preparation programs, regardless of program sponsor, including, but not limited to, local educational agencies or other programs that are not accredited by the Western Association of Schools and Colleges, shall provide information to prospective candidates regarding the license examination passage rates of completers of its program for the most recent available year, if that data is available electronically through the Internet Web site of the Commission on Teacher Credentialing. (b) For purposes of subdivision (a), “provide” includes placement of an Internet Web site address labeled as an access point for data on the passage rates of program completers on the Internet Web site of the program where enrollment information for the program is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems or programs with multiple campuses, or on an application for enrollment or other program information distributed to prospective candidates. (c) The commission shall provide all teacher preparation programs with the appropriate electronic link to comply with the provisions of subdivision (a). To the extent feasible, the link may also include access to additional data from the commission and from the California Longitudinal Teacher Integrated Data Education System regarding the types of programs offered and data on program effectiveness. (Added by Stats. 2010, Ch. 248, Sec. 2. (AB 2086) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44226. Source version: id_6c8fb11e-a417-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The commission may receive donations, bequests, grants, and philanthropic funding, subject to such conditions or restrictions as the executive director of the commission may deem advisable, and subject to the approval of the Director of Finance as provided in Section 11005 of the Government Code. (Added by Stats. 2019, Ch. 51, Sec. 25. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44227. Source version: id_2121fda7-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) The commission may approve any regionally accredited institution of higher education to recommend to the commission the issuance of credentials to persons who have successfully completed a teacher education program of the institution if the program meets the standards approved by the commission. (b) A regionally accredited institution of higher education whose teacher education program has been accredited by the commission shall approve and electronically submit credential applications to the commission, and the commission shall grant credentials to these applicants based upon that approval. (c) Notwithstanding any other law, the commission may approve for credit any coursework completed for credential purposes or for step increases in programs offered in California by out-of-state institutions of higher education that meet the requirements prescribed by Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 only if the program of courses is offered by a regionally accredited institution of higher education and evidence of satisfactory evaluation by that accrediting body is submitted by the out-of-state institution to the commission for purposes of seeking approval of the program and any courses within that program to enable potential teachers to meet one or more requirements for a teaching credential in California. (Amended by Stats. 2021, Ch. 663, Sec. 4. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44227.2. Source version: id_c36e5c1e-70e3-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) The Legislature hereby establishes the Science, Technology, Engineering, Math, and Career Technical Education Educator Credentialing Program for purposes of providing alternative routes to credentialing. (b) No later than June 1, 2010, the commission, in consultation with the Committee on Accreditation established pursuant to Section 44373, shall develop a process to authorize additional high-quality alternative route educator preparation programs provided by school districts, county offices of education, community-based organizations, and nongovernmental organizations. Organizations participating in this project may offer educator preparation programs for any science, mathematics, and career technical education credential type issued by the commission if the organization meets the requirements for being authorized pursuant to criteria established by the commission. (c) The commission shall authorize community-based or nongovernmental organizations accredited by an accrediting organization that is recognized by the Council for Higher Education Accreditation and the United States Department of Education. (d) Participating organizations shall electronically submit credential applications to the commission. (e) The commission may assess a fee on a community-based or nongovernmental organization that is seeking approval to participate in the program. For purposes of this section, an independent college or university in California is not a community-based or nongovernmental organization. (Amended by Stats. 2022, Ch. 301, Sec. 9. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44227.5. Source version: id_d4a5bf2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) It is the intent of the Legislature that college and university faculty members who teach courses relating to teaching or administrative methods in programs of professional preparation that are approved by the Commission on Teacher Credentialing have direct knowledge of the way that public elementary and secondary schools function and operate. (b) The Commission on Teacher Credentialing, in cooperation with public and private postsecondary institutions operating teacher education programs, shall develop standards and procedures which ensure that each faculty member who teaches a course relating to teaching methods in an approved program of professional preparation actively participates in public elementary or secondary schools and classrooms at least once every three academic years. (c) The commission, in cooperation with public and private postsecondary institutions operating administrative services credential programs, shall develop standards and procedures which ensure that each faculty member who teaches a course relating to administrative methods as defined by the commission in an approved program of professional preparation actively participates in public elementary or secondary schools or classrooms at least once every three academic years. (d) The commission shall exempt from this requirement faculty members whose primary assignments are in departments or schools other than education. (Amended by Stats. 1989, Ch. 1057, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44227.7. Source version: id_d4a5bf2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The Legislature encourages institutions of higher education to provide, in teacher training programs, increased emphasis on the recognition of, and teaching strategies for, specific learning disabilities, including dyslexia and related disorders. Experts in the field of these disabilities should be utilized for that purpose. (Added by Stats. 1990, Ch. 1501, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44228. Source version: id_d4a745cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. To assist in approving teacher education programs, the commission may appoint panels of educators, including public school classroom teachers, and lay persons to serve as members of visiting teams to institutions and school districts having such programs. The provisions of Sections 44215, 44216, and 44217 shall be applicable to such panels of educators. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44229. Source version: id_d4b68811-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The commission shall invite the public, the teaching profession, and interested professional groups and associations to appear before it and submit proposals for commission consideration and action. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44230. Source version: id_7f358d2e-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) (1) The commission shall maintain for public record, and may disclose, only the following information relating to the credentials, certificates, permits, or other documents that it issues: the document number, title, term of validity, subjects, authorizations, effective dates, renewal requirements, and restrictions. The commission may also disclose the last known business address of any applicant or credentialholder. (2) Notwithstanding any other law, except as provided for in Sections 10871, 44230.6, and 44248, no information, other than that set forth in paragraph (1), may be disclosed by the commission absent an order from a court of competent jurisdiction. (b) In order to expedite the application process for the benefit of applicants for credentials, certificates, permits, or other documents issued by the commission, the commission may receive from, or transmit to, the agency that submitted the application, either electronically or by printed copy, the status of, and information set forth in, that application. For purposes of this subdivision, “agency” means a charter school, school district, county office of education, nonpublic school or agency, or institution of higher education having a commission-approved program of professional preparation. (Amended by Stats. 2024, Ch. 471, Sec. 15. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44230.5. Source version: id_5479c1f9-0c94-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) The commission shall establish a nonpersonally identifiable educator identification number for each educator to whom it issues a credential, certificate, permit, or other document authorizing that individual to provide a service in the public schools. The nonpersonally identifiable educator identification number shall be used for sharing data, including, but not limited to, information obtained pursuant to Sections 44225.6 and 44258.9, with local educational agencies and the department. This identification number may also be used to disclose data pursuant to subdivision (t) of Section 1798.24 of the Civil Code. (b) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or state special school. (Amended by Stats. 2019, Ch. 782, Sec. 1. (AB 1219) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44230.6. Source version: id_5f6c01a6-1fdd-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the Office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University. (b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (c) (1) The commission shall directly collect voluntary demographic data as to the ancestry or ethnic origin of California credential applicants and voluntary self-identification information pertaining to sexual orientation and gender identity of an initial or renewal applicant who submits an application online or in paper form as part of the initial or renewal application, or who completes a recommendation for an applicant formally recommended by a commission-approved program. The collection of this data on the application shall meet the requirements of paragraph (1) of subdivision (b) of Section 8310.8 of the Government Code. (2) The commission shall not disclose personally identifiable information collected pursuant to this subdivision. (Amended by Stats. 2021, Ch. 252, Sec. 14. (AB 167) Effective September 23, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44231. Source version: id_d4b80eb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. Unless otherwise specified, the meetings of the commission shall be open and public and due notice of their time and place shall be posted. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44232. Source version: id_d4b80eb7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The commission may enter into contracts with comparable agencies in other states in order to facilitate the relocation of qualified teachers from one state to another and to expedite other matters related to ascertaining qualifications of credentialed teachers and other educators. (Added by Stats. 1992, Ch. 1050, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44234. Source version: id_d4b80eb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) There is in the State Treasury the Teacher Credentials Fund. All fees levied and collected by the commission shall be deposited in the Teacher Credentials Fund and shall not be transferred to any other fund. (b) Notwithstanding any other law, if at the beginning of any fiscal year the commission has unencumbered funds in an amount which is in excess of its operating budget, plus funds required to implement statutory mandates and other changes to teacher credentials, plus a prudent reserve, which reserve shall not exceed 10 percent of the total amount that the commission is authorized to spend in that fiscal year, as determined by the Department of Finance, the department shall recommend a reduction in credential or other fees, whether fixed by statute or determined by this commission within limits fixed by statute, in an amount which will reduce any surplus funds of the commission. (c) Nothing in this section shall preclude the implementation of multiyear mandates that require a reserve amount that is greater than 10 percent in one fiscal year. (Amended by Stats. 1994, Ch. 816, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44235. Source version: id_0fd76e6e-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) (1) Fees shall be levied by the commission for the issuance and renewal of teaching and service credentials. Commencing January 1, 1987, the fee for the issuance and renewal of teaching and service credentials shall be fifty dollars ($50). In subsequent years, through June 30, 2026, the commission may set a different fee, but in no case shall a fee exceed one hundred dollars ($100) without express legislative approval. (2) Commencing July 1, 2026, the fee for the issuance of teaching and service credentials shall not exceed one hundred dollars ($100). (3) Commencing July 1, 2026, the fee for the renewal of teaching and service clear credentials shall be one hundred twenty-five dollars ($125). (b) A single fee, not to exceed the charge for a single supplemental credential, shall be charged for all supplemental credentials applied for at the same time as a teaching or service credential pursuant to subdivision (a). (c) Subject to funds being appropriated expressly for this purpose in the annual Budget Act, fees authorized by this section shall be waived by the commission for first-time teaching credential applicants for the following credentials: (1) Single subject credential. (2) Multiple subject credential. (3) Special education credential. (4) Specialist instruction credential. (d) Annually, as part of the budget review process, the Department of Finance shall recommend to the Legislature an appropriate credential fee sufficient to generate revenues necessary to support the operating budget of the commission plus a prudent reserve, as determined by the Department of Finance pursuant to subdivision (b) of Section 44234. (Amended by Stats. 2026, Ch. 65, Sec. 58. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44235.1. Source version: id_8727f141-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) Effective July 1, 1987, through June 30, 2023, all fees collected by the commission for tests, examinations, or assessments shall be deposited in the Test Development and Administration Account, which is hereby created in the Teacher Credentials Fund. (b) Any proposed expenditures from this account shall be subject to the normal legislative budget review process. (c) Except as otherwise provided in subdivision (e) or unless otherwise authorized by the Legislature, funds deposited in this account shall be expended for the development, agency support, maintenance, or administration of tests or other assessments established, required, or administered by the commission. (d) Funds in this account shall not be subject to the provisions of subdivision (b) of Section 44234. (e) (1) If there is a deficiency in the Teacher Credentials Fund, the Department of Finance may authorize a loan from the Test Development and Administration Account to the Teacher Credentials Fund to the extent needed to cover the projected deficiency. (2) Any loan made under this subdivision shall be repaid under the terms provided in the authorization. (Amended by Stats. 2023, Ch. 48, Sec. 29. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44235.12. Source version: id_b5c5f3a9-20e6-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) Effective July 1, 2023, all fees collected by the commission for tests, examinations, or assessments shall be deposited in the Teacher Credentials Fund. (b) Any proposed expenditures from the Teacher Credentials Fund shall be subject to the normal legislative budget review process pursuant to subdivision (d) of Section 44235. (c) Except as otherwise authorized by the Legislature, these funds shall be expended for the development, agency support, maintenance, or administration of tests or other assessments established, required, or administered by the commission. (d) Fees collected by the commission for tests, examinations, and assessments shall not be subject to the provisions of subdivision (b) of Section 44234. (e) This section shall become operative July 1, 2023. (Added by Stats. 2023, Ch. 48, Sec. 30. (SB 114) Effective July 10, 2023. Operative July 1, 2023, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44235.2. Source version: id_907e1443-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) If in any month there are insufficient moneys in the Teacher Credentials Fund to satisfy monthly payroll obligations and scheduled claims, and there are moneys in the Test Development and Administration Account not required to meet any demand that has accrued or may accrue against it, the Controller shall transfer moneys from the Test Development and Administration Account to the Teacher Credentials Fund to the extent necessary to meet the immediate obligations of the Teacher Credentials Fund. (b) Moneys transferred pursuant to subdivision (a) shall be returned to the Test Development and Administration Account as soon as there are sufficient moneys in the Teacher Credentials Fund to do so, but by no later than 60 days after the transfer was made. (c) If sufficient moneys do not accumulate in the Teacher Credentials Fund within 60 days after the transfer was made, whatever portion of the amount received from the Test Development and Administration Account that is in the Teacher Credentials Fund at that time shall be returned to the Test Development and Administration Account. The remaining balance of the outstanding transfer, if any, shall be returned thereafter in monthly installments as moneys accumulate in the Teacher Credentials Fund. If the Teacher Credentials Fund fails to return the full amount of any transfer by the end of the fiscal year, the Teacher Credentials Fund shall be ineligible to receive further transfers until it has returned the full amount previously transferred from the Test Development and Administration Account. (d) This section shall become inoperative on July 1, 2023. (Amended by Stats. 2023, Ch. 48, Sec. 31. (SB 114) Effective July 10, 2023. Inoperative July 1, 2023, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44235.25. Source version: id_45c927e7-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The Test Development and Administration Account is hereby abolished on July 1, 2024, and all unencumbered moneys and authority in the fund are transferred to the Teacher Credentials Fund. (Added by Stats. 2024, Ch. 38, Sec. 27. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44235.3. Source version: id_d4b9955f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. Within the limits set forth in this chapter, the commission may establish and collect fees to recover its costs for the development and administration of any subject matter examination adopted by the commission to implement the provisions of this chapter, unless the costs are recovered by appropriations from another source of funds. (Added by Stats. 1988, Ch. 1355, Sec. 11.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44235.5. Source version: id_b2c675c9-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. Notwithstanding any other provision of law, the commission shall waive all application and processing fees for the initial issuance of a teaching credential to an out-of-state prepared applicant who relocates to California due to orders received from a branch of the United States Armed Forces that require the applicant’s spouse to relocate to California. (Added by Stats. 2009, Ch. 125, Sec. 1. (AB 794) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44236. Source version: id_d4b99561-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. Any fee or excess amount of fee paid under Section 44235 may be refunded by the commission from the Teacher Credentials Fund when the applicant does not qualify for a credential or when such fee or excess is paid in error, and the amount of any such refund is hereby appropriated for the making of such refund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44237. Source version: id_e17a87b2-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) Every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level shall require each applicant for employment in a position requiring contact with minor pupils to submit two sets of fingerprints prepared for submittal by the employer to the Department of Justice for the purpose of obtaining criminal record summary information from the Department of Justice and the Federal Bureau of Investigation. (b) (1) As used in this section, “employer” means every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level. (2) As used in this section, “employment” means the act of engaging the services of a person, who will have contact with pupils, to work in a position at a private school at the elementary or high school level on or after September 30, 1997, on a regular, paid full-time basis, regular, paid part-time basis, or paid full-time or part-time seasonal basis. (3) As used in this section, “applicant” means any person who is seriously being considered for employment by an employer. (4) This section does not apply to a secondary school pupil working at the school he or she attends or a parent or legal guardian working exclusively with his or her children. (c) (1) Upon receiving the identification cards, the Department of Justice shall ascertain whether the applicant has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice and forward the information to the employer submitting the fingerprints no more than 15 working days after receiving the identification cards. The Department of Justice shall not forward information regarding criminal proceedings that did not result in a conviction but shall forward information on arrests pending adjudication. (2) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days. If the Department of Justice cannot ascertain the information required pursuant to this subdivision within three working days, the Department of Justice shall notify the employer submitting the fingerprints that it cannot so ascertain the required information. This notification shall be delivered by telephone or email to the employer submitting the fingerprints. If the employer submitting the fingerprints is notified by the Department of Justice that it cannot ascertain the required information about a person, the employer shall not employ that person until the Department of Justice ascertains that information. (3) The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation to ascertain whether an applicant for employment has a conviction, or an arrest pending final adjudication, for any sex offense, controlled substance offense, crime of violence, or serious or violent felony. The Department of Justice shall provide written notification to the private school employer only as to whether an applicant for employment has any convictions, or arrests pending final adjudication, for any of these crimes. (d) An employer shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section. (e) (1) An employer shall not employ a person who has been convicted of a violent or serious felony or a person who would be prohibited from employment by a public school district pursuant to any provision of this code because of his or her conviction for any crime. (2) A person who would be prohibited from employment by a private school pursuant to paragraph (1) shall not, on or after July 1, 1999, own or operate a private school offering instruction on the elementary or high school level. (f) An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code. (g) This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony. (h) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (i) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (j) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the county in which he or she is a resident. (k) The commission shall make available to each private school a listing of all credentialholders who have had final adverse action taken against their credential. The information shall be identical to that made available to public schools in the state. The commission shall also send on a quarterly basis a complete and updated list of all teachers who have had their teaching credentials revoked or suspended, excluding teachers who have had their credentials reinstated, or who are deceased. (l) The Department of Justice may charge a reasonable fee to cover costs associated with the processing, reviewing, and supplying of the criminal record summary as required by this section. The fee shall not exceed the actual costs incurred by the Department of Justice. (m) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprints and related information required by this section. (n) All information obtained from the Department of Justice is confidential. Agencies handling Department of Justice information shall ensure the following: (1) A recipient shall not disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice. (Amended by Stats. 2013, Ch. 701, Sec. 1. (AB 389) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44238. Source version: id_d4b99565-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) The Commission on Teacher Credentialing, in consultation with the State Department of Education, shall contract with an independent evaluator with proven expertise in design and research to conduct a study of the availability and effectiveness of cultural competency training for teachers and administrators. (b) The study shall focus on 10 culturally diverse schools that reflect the diverse demography and geography of California. The schools shall be selected for the study based on appropriate research methods. The criteria for school selection shall include, but not be limited to, all of the following: (1) The cultural demographics of the pupil population within the school including, but not limited to, linguistic demographics and the number of English learners. (2) The Academic Performance Index scores for each school. The study shall include schools that were previously low-performing schools that have shown significant progress in their Academic Performance Index scores and include schools that were low-performing schools that have not shown significant progress in their Academic Performance Index scores. (3) The experience of teachers, including, but not limited to, the number of teachers with emergency credentials. (c) The study shall entail all of the following: (1) Evaluating cultural competency training programs by doing all of the following: (A) Assessing the availability and effectiveness of cultural competency training in teacher credentialing programs and professional development programs in which the teachers and administrators of each school have participated, including, but not limited to, university teacher preparation programs, university and district intern programs, distance learning schools, programs implemented pursuant to the California Beginning Teacher Support and Assessment System (Art. 4.5 (commencing with Sec. 44279.1), Ch. 2, Part 25), preinternship programs, and professional development institutes. (i) The study shall consider pupil performance as one of many measures to determine the effectiveness of cultural competency training programs. (ii) The study shall also consider the Academic Performance Index score of each school and their correlation to cultural competency training. (B) Describing the cultural competency component of the training programs in which the teachers and administrators of each school have participated. (C) Reporting on identifiable differences in cultural competency training in schools with a higher score on the Academic Performance Index compared to schools with a lower score on the Academic Performance Index. (D) Determining whether cultural competency training programs at each school are correlated to higher pupil performance. (E) Summarizing the participation rate of the teachers and administrators of each school in teacher credentialing programs, professional development programs, and other training programs. (2) Evaluating teacher demographics at each school by doing both of the following: (A) Summarizing the training, experience, cultural demographics, and other background characteristics of the teacher and administrative population at each school. (B) Summarizing the patterns, criteria, and attributes that are priorities for staff hiring, compensation, and training at each school. (3) Evaluating the cultural demographics of the pupil population at each school. (4) Evaluating the commitment of each school to cultural competency by doing both of the following: (A) Determining whether each school and its school district have a plan or timeline for achieving cultural competency in the classroom. (B) Discussing the responsiveness of each school and its school district to their communities with regard to developing cultural competency training programs. (5) Evaluating parent interactions at each school by doing all of the following: (A) Describing the interaction between parents, parent organizations, teachers, administrators, and pupils at each school. (B) Describing the procedures and policies that influence the interactions between each school and its administrators, teachers, parents, parent organizations, and pupils. (C) Determining whether cultural competency training is effective in building connections between teachers, administrators, pupils, and their families. (D) Reporting on identifiable differences in community and parental involvement in schools with higher scores on the Academic Performance Index compared to schools with lower scores on the Academic Performance Index. (d) Upon the conclusion of the study, and on or before May 1, 2005, the independent evaluator shall submit to the appropriate policy committees of the Legislature a report that includes recommendations of all of the following, based on the results of the study: (1) Ways to improve access to cultural competency training programs for teachers and administrators who attend teacher credentialing programs and professional development programs. (2) Criteria for cultural competency training programs. (3) Further studies that are necessary to provide information about types of cultural competency training programs that correlate to higher pupil performance. (4) A model program related to the results of the study that may be implemented as a pilot program in other schools. (e) For purposes of this section, the following phrases are defined as follows: (1) “Cultural competency” includes, but is not limited to, adequate knowledge of diverse cultures, including languages, that may be encountered by a teacher in the classroom and the appropriate skills to work with pupils and their families. (2) “Cultural demographics” includes, but is not limited to, familial country of origin and language, cultural traditions, and beliefs. (3) “Low-performing schools” means schools that are ranked in the lowest two deciles on the Academic Performance Index. (4) “Pupil performance” includes, but is not limited to, test scores, attendance rates, and graduation rates. (Added by Stats. 2003, Ch. 817, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44238.5. Source version: id_044139ce-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. (a) On or before March 1, 2027, the commission shall, with input from the education field, develop, establish, and promulgate, through the regulatory process pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, efficient routes for the following: (1) Teacher candidates to obtain a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential, and an education specialist credential, known as dual credentialing. (2) Existing teachers who hold a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential to obtain an education specialist credential. (3) Existing teachers who hold an education specialist credential to obtain a multiple subject credential, a single subject credential, or a PK–3 early childhood education specialist instruction credential. (b) In developing efficient routes pursuant to subdivision (a), the commission shall do all of the following: (1) Review current routes that holders of multiple subject and single subject credentials have to earn additional credentials and supplementary authorizations, pursuant to the commission’s authorization provided in subdivision (e) of Section 44225. (2) Determine which content of preparation in multiple subject and single subject programs and education specialist programs could satisfy the requirements for both credentials to create efficiencies toward earning dual credentials. (3) Review whether supplementary authorizations to an existing credential, authorizing the teaching of pupils with or without disabilities, could be developed. (4) Identify barriers and opportunities for teachers to become dually credentialed and barriers and opportunities for programs of preparation to prepare dually credentialed teachers. (5) Review any readily available information about other states’ routes to dual credentialing through programs of preparation or for existing holders of credentials specified in subdivision (a). (6) Identify any necessary statutory changes to establish routes to dual credentialing. (Added by Stats. 2025, Ch. 390, Sec. 2. (AB 1119) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 2. Commission on Teacher Credentialing [44210 - 44239] SECTION 44239. Source version: id_d4bb1c07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=2. The commission, the State Board of Education, and the Superintendent of Public Instruction shall notify one another regarding proposed and adopted policies and regulations, in order to achieve consistency in state policies concerning the professional preparation of teachers, and curriculum and instruction in the public elementary and secondary schools. (Added by Stats. 1988, Ch. 1355, Sec. 12.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44240. Source version: id_ca2e5349-fcd4-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. (a) The commission shall appoint a Committee of Credentials, consisting of seven persons for terms fixed by the commission but not to exceed two years. The committee shall include: (1) One member who shall be a full-time certified classroom teacher in the public elementary schools with not less than five years of classroom experience. (2) One member who shall be a full-time certified classroom teacher in the public secondary schools with not less than five years of classroom experience. (3) One member who shall be a certified administrative employee in the public schools. (4) One member who shall be a member of the governing board of a school district. A member of the governing board of a school district whose tenure on the governing board ends while serving a term on the committee may continue to serve the remainder of the term on the committee, but shall be ineligible for reappointment to the committee pursuant to this paragraph. (5) Three members who shall be representatives of the public. No person who is currently employed in a certificated position in the public schools or who is currently a member of the governing board of a school district or a county board of education shall be appointed as a public member. (b) (1) (A) The commission may establish an alternate list of individuals qualified pursuant to subdivision (a) for the purpose of filling an unanticipated vacancy on the Committee of Credentials. (B) If a member of the committee is absent from any four regularly scheduled meetings in a calendar year, his or her position shall be deemed vacant. (2) The commission may also establish a substitute list of individuals qualified pursuant to subdivision (a) who have at least 12 months of prior experience serving on the committee. The commission may designate an individual on the substitute list as a short-term substitute in the temporary absence of a regular member. (c) Appointments to the Committee of Credentials shall reflect, to the extent feasible, the ethnic and cultural diversity of California public schools. (Amended by Stats. 2018, Ch. 360, Sec. 1. (SB 1383) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44241. Source version: id_d4bca2ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. Sections 44215, 44216, 44217, 44218, 44220, and 44221 are applicable to the Committee of Credentials. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44242. Source version: id_d4bca2af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. The Committee of Credentials shall be under the direct supervision of the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44242.5. Source version: id_f39d5ba2-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. (a) Each allegation of an act or omission by an applicant for, or holder of, a credential for which the applicant may be subject to an adverse action shall be presented to the Committee of Credentials. (b) The committee has jurisdiction to commence an initial review upon receipt of any of the following: (1) (A) Official records of the Department of Justice, of a law enforcement agency, of a state or federal court, and of any other agency of this state or another state. (B) For purposes of subparagraph (A), “agency of this state” has the same meaning as that of “state agency” as set forth in Section 11000 of the Government Code. (2) An affidavit or declaration signed by a person with personal knowledge of the acts alleged to constitute misconduct. (3) (A) A statement from an employer notifying the commission that, as a result of an allegation of misconduct, or while an allegation of misconduct is pending, a credentialholder has been dismissed, nonreelected, suspended for more than 10 days, or placed pursuant to a final adverse employment action on unpaid administrative leave for more than 10 days, or has resigned or otherwise left employment. (B) The employer shall provide the notice described in subparagraph (A) to the commission not later than 30 days after the dismissal, nonreelection, suspension, placement on unpaid administrative leave, resignation, or departure from employment of the employee. (C) For purposes of subparagraphs (A) and (B), a change in status due solely to unsatisfactory performance pursuant to paragraph (4) of subdivision (a) of Section 44932 or a reduction in force pursuant to Sections 44955 to 44958, inclusive, is not a result of an allegation of misconduct. (4) A notice from an employer that a complaint was filed with the school district alleging sexual misconduct by a credentialholder. Results of an investigation by the committee based on this paragraph shall not be considered for action by the committee unless there is evidence presented to the committee in the form of a written or oral declaration under penalty of perjury that confirms the personal knowledge of the declarant regarding the acts alleged to constitute misconduct. (5) A notice from a school district, employer, public agency, or testing administrator of a violation of Section 44420, 44421.1, 44421.5, or 44439. (6) (A) An affirmative response on an application submitted to the commission as to any conviction, adverse action on, or denial of, a license, or pending investigation into a criminal allegation or pending investigation of a noncriminal allegation of misconduct by a governmental licensing entity. (B) Failure to disclose any matter set forth in subparagraph (A). (7) (A) A record of a substantiated report entered into the statewide data system established pursuant to Section 44052. (B) A record of a start of an investigation followed by a change in employment status during the investigation entered into the statewide data system established pursuant to Section 44052. (c) An initial review commences on the date that the written notice is mailed to the applicant or credentialholder that their fitness to hold a credential is under review. Upon commencement of a formal review pursuant to Section 44244, the committee shall investigate all alleged misconduct and the circumstances in mitigation and aggravation. The investigation shall include, but not be limited to, all of the following: (1) Investigation of the fitness and competence of the applicant or credentialholder to perform the duties authorized by the credential for which they have applied or that they presently hold. (2) Preparation of a summary of the applicable law, a summary of the facts, contested and uncontested, and a summary of any circumstances in aggravation or mitigation of the allegation. (3) Determination of probable cause for an adverse action on the credential. If the allegation is for unprofessional or immoral conduct, the committee, in any formal review conducted pursuant to Section 44244 to determine probable cause, shall permit the employer of the credentialholder to be present while testimony is taken. If the allegation of unprofessional or immoral conduct involves sexual abuse, the employer shall be examined in the meeting for any relevant evidence relating to the sexual abuse. (A) If the committee determines that probable cause for an adverse action does not exist, the committee shall terminate the investigation. (B) If the committee determines that probable cause for an adverse action on the credential exists, upon receipt of a request from an applicant or a credentialholder pursuant to Section 44244.1, the commission shall initiate an adjudicatory hearing, as prescribed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, by filing an accusation or statement of issues. (d) The committee has jurisdiction to commence a formal review pursuant to Section 44244 upon receipt of any of the following: (1) (A) Official records of a state or federal court that reflect a conviction or plea, including a plea of nolo contendere, to a criminal offense or official records of a state court that adjudge a juvenile to be a dependent of the court pursuant to Section 300 of the Welfare and Institutions Code due to allegations of sexual misconduct or physical abuse by a credentialholder or applicant. (B) Subparagraph (A) does not relieve the commission from the confidentiality provisions, notice, and due process requirements set forth in Section 827 of the Welfare and Institutions Code. (2) An affidavit or declaration signed by a person with personal knowledge of the acts alleged to constitute misconduct. (3) A statement described in paragraph (3) of subdivision (b). (4) Official records of a governmental licensing entity that reflect an administrative proceeding or investigation, otherwise authorized by law or regulation, that has become final. (5) A notice described in paragraph (5) of subdivision (b). (6) A response or failure to disclose, as described in paragraph (6) of subdivision (b). (e) (1) Upon completion of its investigation, the committee shall report its actions and recommendations to the commission, including its findings as to probable cause, and if probable cause exists, its recommendations as to the appropriate adverse action. (2) The findings shall be available, upon its request, to the employing or last known employing school district, or, if adverse action is recommended by the committee and the credentialholder has not filed a timely appeal of the recommendation of the committee pursuant to Section 44244.1, upon a request made within five years of the date of the committee’s recommendations to a school district providing verification that the credentialholder has applied for employment in the school district. The findings, for all purposes, shall remain confidential and limited to school district personnel in a direct supervisory capacity in relation to the person investigated. A person who otherwise releases findings received from the committee or the commission, absent a verified release signed by the person who is the subject of the investigation, shall be guilty of a misdemeanor. (3) The findings shall not contain any information that reveals the identity of persons other than the person who is the subject of the investigation. (f) (1) Except as provided in paragraph (2) and, notwithstanding subdivision (b), for purposes of determining whether jurisdiction exists under subdivision (b), the commission, in accordance with Section 44341, may make inquiries and requests for production of information and records only from the Department of Justice, a law enforcement agency, a state or federal court, and a licensing agency of this state, or a licensing agency of another state. (2) For purposes of determining whether jurisdiction exists, paragraph (1) does not apply to release of personnel records. (g) Notwithstanding subdivision (a), convictions for controlled substance offenses listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that are more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49 of the Penal Code, shall not be presented to the Committee on Credentials. (Amended by Stats. 2025, Ch. 460, Sec. 8. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44242.7. Source version: id_d4bca2b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. (a) Any allegation of an act or omission by the holder of a credential, except for an allegation that involves sexual misconduct with a minor or recurring conduct resulting in a pattern of misconduct, shall be presented to the Committee of Credentials for initial review within four years from the date of the alleged act or omission, or within one year from the date the act or omission should reasonably have been discovered. (b) The commission shall adopt regulations specifying conduct that is considered recurring conduct that results in a pattern of misconduct as set forth in subdivision (a). (Amended by Stats. 2001, Ch. 342, Sec. 12. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44243. Source version: id_d4be2955-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. (a) The commission may assign to the Committee of Credentials administrative duties as it may see fit relating to adverse actions concerning applicants and credential holders. (b) The commission shall supervise the work of the committee and shall provide statements of policy relative to committee operation and procedures as it deems appropriate to do so. (Amended by Stats. 2001, Ch. 342, Sec. 13. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44244. Source version: id_9c9cfda8-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. (a) At least 30 days prior to any formal review of the Committee of Credentials at which the application of an applicant or credential of a holder is to be considered, the committee shall notify the applicant or holder of the specific allegations of misconduct that make the application or credential subject to adverse action. The notification shall be in ordinary and concise language and set forth the acts or omissions charged and the statutes or rules violated. Supplemental allegations of misconduct shall be sent to the holder or applicant at least 30 days prior to the formal review. The portions of the investigation of the original or supplemental allegations that constitute the basis for the allegations shall be open to inspection and copying by the holder or applicant and his or her attorney. The statement of the allegations shall inform the applicant or holder that the allegations, if true, are sufficient to cause his or her application or credential to be subject to adverse action. (b) (1) The formal review shall be held no later than six months after the commencement of the initial review as set forth in subdivision (c) of Section 44242.5. The formal review shall determine either that no adverse action shall be taken or that the allegations are sufficient to cause his or her application or credential to be subject to adverse action. (2) All testimony before the committee shall be verified under penalty of perjury by oath or affirmation. The chairperson of the committee may administer the oath or affirmation. The chairperson may designate staff to administer the oath or affirmation for statements taken during the investigation of allegations of misconduct. (c) Notwithstanding subdivision (b), the chairperson of the commission may grant the committee an extension of time, not exceeding six months, when the committee demonstrates that additional time is necessary to complete its investigation or determination, as described in subdivision (b). (d) The recommendation of the committee shall be in writing and a copy of the recommendation shall be delivered to the credentialholder or applicant personally or sent to him or her by certified mail within 14 days after the formal review, together with specific information relative to any appeal rights to which the credentialholder or applicant is entitled. (Amended by Stats. 2006, Ch. 79, Sec. 9. Effective July 19, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44244.1. Source version: id_d4be2959-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. (a) (1) A recommendation by the Committee of Credentials to take an adverse action may be adopted by the commission without further proceedings if, after service of notice of the committee recommendation pursuant to Section 44244, the credential holder or applicant fails to give notice of intent to request an administrative hearing or if he or she gives notice of intent not to request an administrative hearing within 30 days. (2) For good cause shown, the commission may grant an additional 30 days for filing of a request for an administrative hearing. (b) The commission shall make no disclosures concerning private admonitions except as required by Section 44438. (Amended by Stats. 2001, Ch. 342, Sec. 15. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44245. Source version: id_d4be295b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. (a) Notwithstanding any other provisions of law, all hearings and deliberations of the commission and Committee of Credentials to consider an adverse action or a reinstatement or reduction in penalty shall be closed sessions with only commission members, committee members, staff members, the credential holder or applicant whose application or credential is in issue, the counsel of the credential holder or applicant, and any material witnesses in attendance. (b) All final actions taken pursuant to subdivision (a) shall be made public. (c) Notwithstanding subdivision (b), disclosure of private admonitions shall be in accordance with Section 44438. (Amended by Stats. 2001, Ch. 342, Sec. 16. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44246. Source version: id_d4be295d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. When a hearing is held to deny, suspend, or revoke a credential, the proceeding shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commission shall have all the powers granted therein. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44247. Source version: id_d4be295f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. Any applicant for the renewal certification document who is denied a renewal by the Committee of Credentials may request a reevaluation of his application by the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 3. Committee of Credentials [44240 - 44248] SECTION 44248. Source version: id_d4be2961-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=3. (a) Any member of the commission, commission staff member, member or staff member of the Committee of Credentials, State Department of Education employee who releases or gives out information received at a commission or committee meeting or hearing or through the investigation of a certified employee without authorization of the commission or committee, is guilty of a misdemeanor. (b) Any material witness or his or her representative who releases or gives out information received at a commission or committee meeting or hearing, or who releases or gives out information obtained as a result of direct involvement in the investigation of a certified employee, without authorization of the commission or committee, is guilty of a misdemeanor unless this information was known to the material witness or his or her representative prior to that meeting, hearing, or investigation. (Amended by Stats. 1981, Ch. 503, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44250. Source version: id_d4c136a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The commission shall issue only the following two types of credentials, with authorizations as hereinafter defined: (a) A teaching credential. (b) A services credential. The commission may issue an internship teaching or services credential. (Amended by Stats. 1993, Ch. 859, Sec. 2. Effective October 6, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44251. Source version: id_a8f8519f-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The period for which a credential, as authorized under Section 44250 issued prior to September 1, 1985, is valid shall be as follows: (1) For an internship credential: two years. (2) For a preliminary credential, pending completion of the clear credential program: five years. (3) For a life credential: the life of the holder. (b) The period for which a credential issued on or after September 1, 1985, as authorized under Section 44250 is valid, shall be as follows: (1) For an internship credential: two years. (2) For a preliminary credential, pending completion of a beginning teacher induction program approved by the commission or the clear credential program: five years. (3) For a clear teaching credential: the life of the holder, if the holder submits an application and fee for renewal every five years and meets all professional fitness requirements under Sections 44339, 44340, and 44341. (4) For a clear services credential: the life of the holder, if the holder submits an application and fee for renewal every five years and meets all professional fitness requirements under Sections 44339, 44340, and 44341. (Amended by Stats. 2009, Ch. 53, Sec. 3. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44251.2. Source version: id_4c309ac4-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. A credential, permit, certificate, or other document that is lawfully issued by the commission shall remain in force in accordance with the laws and regulations under which it was issued, and shall be exempt from new laws and regulations unless sections of this code are specifically amended to the contrary. (Added by Stats. 2010, Ch. 36, Sec. 1. (AB 1374) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44252. Source version: id_b591a463-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) (1) The commission shall establish standards and procedures for the initial issuance and renewal of credentials. (2) (A) The commission shall require an initial or renewal applicant who submits an initial or renewal application for the applicant’s credential online, as part of the application process, to read and attest by electronic signature a statement that the applicant for the credential understands the duties imposed on a holder of a teaching credential or a services credential pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code), including, but not limited to, the duty of a holder of a teaching credential or a services credential to report to any police department, sheriff’s department, county probation department authorized to receive reports, or county welfare department, whenever the credentialholder, in the credentialholder’s professional capacity or within the scope of the credentialholder’s employment, has knowledge of or observes a child whom the holder of a teaching credential or a services credential knows or reasonably suspects has been the victim of child abuse or neglect. (B) The commission shall require an initial applicant who submits an application in paper form, as part of the application process, to read and attest by signature a statement that the applicant understands the duties imposed on a holder of a teaching credential or a services credential pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code), including, but not limited to, the duty of a holder of a teaching credential or a services credential to report to any police department, sheriff’s department, county probation department authorized to receive reports, or county welfare department, whenever the credentialholder, in the credentialholder’s professional capacity or within the scope of the credentialholder’s employment, has knowledge of or observes a child whom the holder of a teaching credential or a services credential knows or reasonably suspects has been the victim of child abuse or neglect. (C) The statement described in subparagraphs (A) and (B) shall be substantially in the following form: “As a documentholder authorized to work with children, it is part of my professional and ethical duty to report every instance of child abuse or neglect known or suspected to have occurred to a child with whom I have professional contact. I understand that I must report immediately, or as soon as practicably possible, by telephone to a law enforcement agency or a child protective agency, and will send a written report and any evidence relating to the incident within 36 hours of becoming aware of the abuse or neglect of the child. I understand that reporting the information regarding a case of possible child abuse or neglect to an employer, supervisor, school principal, school counselor, coworker, or other person is not a substitute for making a mandated report to a law enforcement agency or a child protective agency. I understand that the reporting duties are individual and no supervisor or administrator may impede or inhibit my reporting duties. I understand that once I submit a report, I am not required to disclose my identity to my employer. I understand that my failure to report an instance of suspected child abuse or neglect as required by the Child Abuse and Neglect Reporting Act under Section 11166 of the Penal Code is a misdemeanor punishable by up to six months in jail or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. I acknowledge and certify that as a documentholder, I will fulfill all the duties required of a mandated reporter.” (b) The commission shall not issue initially a credential, permit, certificate, or renewal of an emergency credential to a person to serve in the public schools unless the person has demonstrated proficiency in basic reading, writing, and mathematics skills in the English language as provided in Section 44252.5 or 44252.7. The commission shall exempt the following persons from the basic skills proficiency test requirement: (1) A person credentialed solely for the purpose of teaching adults in an apprenticeship program. (2) An applicant for an adult education designated subject credential for other than an academic subject. (3) A person credentialed in another state who is an applicant for employment in a school district in this state who has passed a basic skills proficiency examination administered by the state where the person is credentialed. (4) A person credentialed in another state who is an applicant for employment in a school district in this state who has passed a basic skills proficiency examination that has been developed and administered by the school district offering that person employment, by cooperating school districts, or by the appropriate county office of education. School districts administering a basic skills proficiency examination under this paragraph shall comply with the requirements of subdivision (h) of Section 44830. The applicant shall be granted a nonrenewable credential, valid for not longer than one year, pending fulfillment of the basic skills proficiency requirement pursuant to Section 44252.5. (5) An applicant for a childcare center permit or a permit authorizing service in a development center for the handicapped if the holder of the permit is not required to have a baccalaureate degree. (6) The holder of a credential, permit, or certificate to teach, other than an emergency permit, who seeks an additional authorization to teach. (7) An applicant for a credential to provide service in the health profession. (8) An applicant who achieves scores on the writing, reading, and mathematics sections of the College Board SAT Reasoning Test, the enhanced ACT Test, or the California State University Early Assessment Program that are sufficient to waive the English placement test and the entry level mathematics examination administered by the California State University. (9) An applicant for an eminence credential to be issued pursuant to Section 44262. (10) (A) An applicant who earns at least a letter grade of B in qualifying coursework determined by a credential preparation program, or determined by the commission for an applicant not enrolled in a California credential preparation program, to sufficiently serve as an indicator of proficiency in basic reading, writing, and mathematics skills in the English language. As used in this section, “qualifying coursework” means a course or courses taken at a regionally accredited institution of higher education for academic credit that applies toward the requirements for an associate’s degree, baccalaureate degree, or higher degree. Qualifying coursework does not include professional development or continuing education units, inservice training or workshops, or courses where credits do not apply toward the requirements for an associate’s degree, baccalaureate degree, or higher degree. (B) (i) For purposes of subparagraph (A), the following courses are sufficient to serve as indicators of proficiency in basic reading, writing, and mathematics skills: (I) For reading proficiency, a course in the subjects of critical thinking, literature, philosophy, reading, rhetoric, or textual analysis. (II) For writing proficiency, a course in the subjects of composition, English, rhetoric, written communications, or writing. (III) For mathematics proficiency, a course in the subjects of algebra, geometry, mathematics, quantitative reasoning, or statistics. (ii) A course that does not fall within a subject described in clause (i) may serve as an alternative indicator of proficiency if the applicant provides documentation in writing from the registrar or relevant department chair of the regionally accredited institution of higher education where the course was taken that the course includes the study of subjects in reading, writing, or mathematics, as those terms are described in clause (i). A course that meets these standards may combine the study of reading and writing. (C) Qualifying coursework shall be a semester-length course of at least three units or a quarter-length course of at least four units. (11) A credential preparation program or the commission may determine that an applicant has demonstrated proficiency in basic reading, writing, and mathematics skills in the English language through a combination of qualifying coursework described in paragraph (10), passage of a component or components of the state basic skills proficiency test described in subdivision (d) of Section 44252.5, and scores described in paragraph (8). (12) An applicant who has obtained a baccalaureate degree or higher degree from a regionally accredited institution of higher education. (c) (1) The Superintendent shall adopt an appropriate state test to measure proficiency in these basic skills. In adopting the test, the Superintendent shall seek assistance from the commission and an advisory board. A majority of the members of the advisory board shall be classroom teachers. The advisory board also shall include representatives of school boards, school administrators, parents, and postsecondary educational institutions. (2) The Superintendent shall adopt a normed test that the Superintendent determines will sufficiently test basic skills for purposes of this section. (3) The Superintendent, in conjunction with the commission and approved teacher training institutions, shall take steps necessary to ensure the effective implementation of this section. (d) This section does not require the holders of, or applicants for, a designated subjects special subjects credential to pass the state basic skills proficiency test unless the requirements for the specific credential required the possession of a baccalaureate degree. The governing board of a school district, the governing board of a consortium of school districts, or a governing board involved in a joint powers agreement that employs a holder of a designated subjects special subjects credential shall establish its own basic skills proficiency criteria for the holders of these credentials and shall arrange for those individuals to be assessed. The basic skills proficiency criteria established by the governing board shall be at least equivalent to the test required by the district, or in the case of a consortium or a joint powers agreement, by any of the participating districts, for graduation from high school. The governing board or boards may charge a fee to individuals being tested to cover the costs of the test, including the costs of developing, administering, and grading the test. (e) The commission shall compile data regarding the rate of passing the state basic skills proficiency test by persons who have been trained in various institutions of higher education. The data shall be available to members of the public, including to persons who intend to enroll in teacher education programs. (f) (1) Each applicant to an approved credential program, unless exempted by subdivision (b), shall take the state basic skills proficiency test in order to provide both the prospective applicant and the program with information regarding the proficiency level of the applicant. Test results shall be forwarded to each California postsecondary educational institution to which the applicant has applied. The program shall use test results to ensure that, upon admission, each applicant receives appropriate academic assistance necessary to pass the state basic skills proficiency test. Persons residing outside the state shall take the test no later than the second available administration following their enrollment in a credential program. (2) It is the intent of the Legislature that applicants for admission to teacher preparation programs not be denied admission on the basis of state basic skills proficiency test results. (Amended by Stats. 2024, Ch. 38, Sec. 28. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44252.1. Source version: id_0dc1de7e-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) It is the intent of the Legislature that a credential candidate enrolled in a credential preparation program receive reasonable time to complete the program without meeting new requirements, including, but not limited to, requirements added by statutes, regulations, or commission standards, after the candidate’s enrollment in the program. Further, to ensure that all candidates for a credential receive reasonable information and advice as they proceed through their program, the Legislature finds and declares that it is incumbent upon credential preparation programs to inform candidates of new requirements and extension provisions available to eligible candidates. (b) For the purposes of this section, the following terms shall have the following meanings: (1) “Enrolled” refers to an individual who, on or after January 1, 2002, continuously participates in and is working toward completing the requirements for a program that meets the minimum requirements for a California preliminary multiple or single subject teaching credential as specified in Section 44259. Whether an individual is enrolled shall be subject to verification by the Commission on Teacher Credentialing. (2) “Continuously enrolled” refers to an individual who has begun a teacher preparation program and does not have a break in that participation that exceeds a period of 18 months. (c) The commission shall adopt regulations to provide a credential candidate enrolled in a commission-accredited preparation program, including, but not limited to, an internship program as defined in Article 7.5 (commencing with Section 44325) and Article 3 (commencing with Section 44450), a professional preparation program as defined in Article 7 (commencing with Section 44320), or an integrated program of professional preparation as defined in Section 44259.1 with a grace period to complete the program without meeting new requirements, including, but not limited to, requirements added by statutes, regulations, or commission standards, after the candidate’s enrollment in the program. The commission shall also ensure through standards and accreditation procedures that credential preparation programs provide credential candidates with information about new requirements and extension provisions as outlined in this subdivision and subdivisions (d) and (e). (1) The commission shall adopt regulations that provide a credential candidate enrolled in a commission-accredited preparation program time of not less than 24 months after enrollment in the program, during which time new or amended statutes, regulations, and commission standards that become effective and are imposed on credential candidates after the candidate’s enrollment date shall not apply to that candidate. (2) The commission shall allow a credential candidate an extension of time in addition to the time specified pursuant to paragraph (1) to complete a credential program under the statutes, regulations, and commission standards in place at the time of the candidate’s enrollment if the candidate can demonstrate extenuating circumstances, including, but not limited to, personal or family illness, bereavement, or financial hardship and develops a plan, in consultation with the credential preparation program, for continued progress toward completion of the preparation program. (d) The commission shall maintain a list of candidates who are allowed an extended time period to complete the program under the statutes, regulations, and commission standards in place at the time of the candidates’ enrollment prior to the effective date of a new or amended statute, regulation, or standard. This list shall include the projected date of program completion for each candidate. (e) (1) A credential candidate enrolled in an integrated program of professional preparation pursuant to subdivision (a) of Section 44259.1 is not subject to any new requirements added by statute, regulation, or commission standards if that candidate is continuously enrolled in the program, as defined in paragraph (2) of subdivision (b), and does not change the type of credential or program he or she is pursuing once enrolled. (2) A credential candidate continuously enrolled in an integrated program of professional preparation pursuant to subdivision (a) of Section 44259.1 who has completed all requirements necessary to begin the student teaching component of his or her program shall be eligible to receive an extension of 12 months, if necessary, to complete the outstanding requirements that were in place when that credential candidate began the preparation program, and shall not be subject to any new requirements added by statute, regulation, or commission standards, once that candidate begins the student teaching portion of his or her program. (3) This subdivision does not limit the ability of a candidate to seek additional time to complete a credential pursuant to paragraph (2) of subdivision (c). (4) By June 30, 2004, the commission shall report to the education policy committees in each house of the Legislature on the success of the integrated program of professional development pursuant to Section 44259.1 toward preparing teacher candidates, including, but not limited to, the number of students admitted to the teacher education component in each program, the number of students who have completed all course requirements, including student teaching, and who have applied for a credential, the number of students applying for and receiving an extension pursuant to subdivision (e), and the information collected pursuant to subdivision (d). (f) This section does not supersede subdivision (h) of Section 44259. (g) A modification of a credentialing examination by the commission that is made as the result of a validity study or a passing standard study shall not be considered a new requirement for purposes of this section. (h) If credential preparation coursework that a credential candidate has not yet taken is modified, the candidate shall take the modified coursework instead of the previously required coursework unless the modified coursework is not readily available, the modified coursework would result in an increased cost to the candidate, or completion of the modified coursework would delay the candidate’s completion of the credential preparation program. (i) Once a candidate has received a preliminary California teaching credential pursuant to Section 44259 and is employed as the teacher of record in a California public school, the candidate shall not be subject to any new requirements for completing the induction phase required to obtain the professional clear teaching credential pursuant to Section 44279.4, for a period not to exceed the length of time provided for the preliminary teaching credential pursuant to Section 44251. (Amended by Stats. 2005, Ch. 677, Sec. 26. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44252.2. Source version: id_3932afff-590e-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count as qualifying coursework for purposes of paragraph (10) of subdivision (b) of Section 44252. (Added by Stats. 2021, Ch. 663, Sec. 5. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44252.5. Source version: id_be79ea65-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission shall administer the state basic skills proficiency test pursuant to Sections 44227, 44252, and 44830 in accordance with rules and regulations adopted by the commission. A fee shall be charged to individuals being tested to cover the costs of the test, including the costs of developing, administering, and grading the test. The amount of the fee shall be established by the commission to recover the cost of examination administration and development pursuant to Section 44235.3. (b) The commission may enter into agreements with other states permitting the use of the state basic skills proficiency test as a requirement for the issuance of credentials or for teacher preparation program admission in those other states, provided that the use would advance the interests of the State of California and that the other states reimburse the Teacher Credentials Fund for a proportionate share of costs of the development and administration of the test. (c) An individual who possesses a baccalaureate degree or higher degree from a regionally accredited institution of higher education, or passes the state basic skills proficiency test, as adopted by the Superintendent, shall be considered proficient in the skills of reading, writing, and mathematics, and shall not be required to be retested by this test for purposes of meeting the proficiency requirements of Sections 44227, 44252, and 44830. (d) An individual who passes one or more components of the state basic skills proficiency test in the subjects of basic reading, writing, or mathematics shall be deemed to have demonstrated the individual’s proficiency in these subject areas and shall not be required to be retested in these subjects during subsequent test administrations. (Amended by Stats. 2024, Ch. 38, Sec. 29. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44252.6. Source version: id_26a546b9-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission, no later than July 1, 2007, shall ensure that the California Subject Examinations for Teachers (CSET): Multiple Subjects be modified to add an assessment of basic writing skills at least as comprehensively and to the level of rigor that basic writing skills are assessed by the state basic skills proficiency test. (b) Any individual who passes the CSET: Multiple Subjects, after it has been adjusted pursuant to subdivision (a), with the necessary score determined by the commission, shall be considered proficient in the skills of reading, writing, and mathematics, and shall not be required to pass the state basic skills proficiency requirements of Sections 44227, 44252, and 44830. (c) The commission shall ensure that the consolidation and modification of assessments pursuant to this section does not result in an increase in the total fees paid by teacher credential candidates. (Amended by Stats. 2021, Ch. 678, Sec. 2. (SB 488) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44252.8. Source version: id_d4c2bd51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission may defer the state basic skills proficiency test requirement in any case when illness, a family death, or another similar and justifiable personal reason prevented a credential applicant who had registered to take the test from taking the test, or in any case when circumstances entirely beyond the control of the applicant prevented his or her receipt of proof of having passed the test. However, the commission shall not grant a deferral to any person who has failed the state basic skills proficiency test. Any person granted a deferral pursuant to this section shall take the state basic skills proficiency test at the next available opportunity, or the deferral shall terminate. If any person granted a deferral fails to pass the test, the deferral shall terminate. (b) The commission shall keep a record of deferrals granted, the persons to whom they were granted, and the reasons for the deferrals. (Added by Stats. 1986, Ch. 989, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44252.9. Source version: id_d4c2bd53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The Legislature finds and declares that the effective education of pupils in kindergarten and grades 1 to 12, inclusive, depends substantially on the academic skills, content competence, and pedagogical preparation of classroom teachers. It is essential that the ongoing administration of the state basic skills proficiency exam for teachers be carried out at all times by a competent contractor who adheres to high standards using sound, effective, and defensible assessment procedures. The administration of this exam is jeopardized by the increasing costs of the exam and statutory restrictions that remain in effect. To preserve and strengthen the screening of teacher candidates in relation to their basic academic skills, the Legislature intends to maintain the state examination that is administered by the commission pursuant to Section 44252.5, and to support needed improvements in exam-related services to teaching credential candidates. (b) The commission shall make improvements to increase access to the state basic skills proficiency test, and shall improve exam-related services provided to candidates for teaching credentials, which may include, but are not limited to, the following: (1) Administering the test more frequently. (2) Increasing the number of testing locations. (3) Making the exam available year-round by appointment at examination centers that are highly secure and professionally supervised. (c) The commission shall adopt these improvements in consultation with the Department of Finance and shall report all improvements to the Legislature, no later than January 1, 2003. (Amended by Stats. 2001, Ch. 745, Sec. 17. Effective October 12, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.1. Source version: id_d4c443f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The Legislature finds and declares that almost one million, or one of every five, pupils in California’s public schools are of limited English proficiency, and that the number of those pupils is increasing rapidly. In addition, the number of primary languages spoken by California’s limited-English-proficient pupils is increasing. The Legislature recognizes that limited-English-proficient pupils have the same right to a quality education as all California pupils. For these pupils to have access to quality education, their special needs must be met by teachers who have essential skills and knowledge related to English language development, specially designed content instruction delivered in English, and content instruction delivered in the pupils’ primary languages. It is the intent of the Legislature that the Commission on Teacher Credentialing implement an assessment system to certify those teachers who have the essential skills and knowledge necessary to meet the needs of California’s limited-English-proficient pupils. (Added by Stats. 1992, Ch. 1050, Sec. 5. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.2. Source version: id_beb391a0-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. For purposes of this chapter, the following terms shall have the following meanings, unless the context otherwise requires: (a) “Instruction for English language development” means instruction designed specifically for limited-English-proficient pupils to develop their listening, speaking, reading, and writing skills in English. (b) “Specially designed content instruction delivered in English” means instruction in a subject area, delivered in English, that is specially designed to meet the needs of limited-English-proficient pupils. (c) “Content instruction delivered in the primary language” means instruction in a subject area delivered in the primary language of the pupil. (d) “Instruction for primary language development” means instruction designed to develop a pupil’s listening, speaking, reading, and writing skills in the primary language of the pupil. (e) “Culture and cultural diversity” means an understanding of human relations, including the following: (1) The nature and content of culture. (2) Cross cultural contact and interactions. (3) Cultural diversity in the United States and California. (4) Approaches to providing instruction responsive to the diversity of the pupil population. (5) Recognizing and responding to behavior related to bias based on the characteristics listed in Section 220. (6) Techniques for the peaceful resolution of conflict. (Amended by Stats. 2007, Ch. 569, Sec. 23. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.3. Source version: id_37741a2f-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission shall issue an authorization for a teacher to provide all of the following services to limited-English-proficient pupils: (1) Instruction for English language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit pursuant to Sections 8301 and 44252.7, a children’s center supervision permit pursuant to Section 8301, or a designated subjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, or a children’s center supervision permit, instruction for English language development is limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, instruction for English language development is limited to classes organized primarily for adults. (2) Specially designed content instruction delivered in English in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). (b) The minimum requirements for the authorization, which may be completed at the same time as the initial preparation for the prerequisite credential or at a later date, shall include all of the following: (1) Possession of a valid California teaching credential, services credential, visiting faculty permit, children’s center instructional permit, or children’s center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12, inclusive, or classes primarily organized for adults, except for any of the following: (A) Emergency credentials or permits. (B) Exchange credentials as specified in Section 44333. (C) District intern credentials as specified in Section 44325. (D) Sojourn certificated employee credentials as specified in Section 44856. (E) Teacher education internship credentials as specified in Article 3 (commencing with Section 44450) of Chapter 3. (2) Passage of one or more examinations, or by completing an approved program that consists of coursework or a combination of coursework and examinations, that the commission determines is necessary for demonstrating the knowledge and skills required for effective delivery of the services included in the authorization. (3) Completion of at least six semester units, or nine quarter units, of coursework in a second language at a regionally accredited institution of higher education. The commission shall establish minimum standards for scholarship in the required coursework. The commission also shall establish alternative ways in which the requirement can be satisfied by language-learning experience that creates an awareness of the challenges of second-language acquisition and development. (c) Completion of coursework in human relations in accordance with the commission’s standards of program quality and effectiveness that includes, at a minimum, instruction in all of the following: (1) The nature and content of culture. (2) Cross-cultural contact and interactions. (3) Cultural diversity in the United States and California. (4) Providing instruction responsive to the diversity of the pupil population. (5) Recognizing and responding to behavior related to the characteristics listed in Section 220. (6) Techniques for the peaceful resolution of conflict. (d) The commission shall establish alternative requirements for a teacher to earn the authorization, which shall be awarded as a supplementary authorization pursuant to subdivision (g) of Section 44225. (e) A teacher who possesses a credential or permit described in paragraph (1) of subdivision (b) and is able to present a valid out-of-state credential or certificate that authorizes the instruction of English language learners may qualify for the authorization issued under this section by submitting an application and fee to the commission. (f) The commission may issue an authorization under this section if the applicant possesses a valid California teaching credential and holds either of the following certificates issued by the National Board for Professional Teaching Standards: (1) Early and Middle Childhood/English as a New Language Certificate. (2) Early Adolescence through Young Adulthood/English as a New Language Certificate. (g) The authorization shall remain valid as long as the prerequisite credential or permit specified in paragraph (1) of subdivision (b) remains valid. (Amended by Stats. 2021, Ch. 663, Sec. 6. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.4. Source version: id_f11a102c-e416-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission shall issue an authorization for a teacher to provide all of the following services to limited-English-proficient pupils: (1) Instruction for English language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit pursuant to Sections 8363 and 44252.7, a children’s center supervision permit pursuant to Section 8363, or a designated subjects teaching credential in adult education pursuant to Section 44260.2. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit or a children’s center supervision permit, instruction for English language development shall be limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, instruction for English language development shall be limited to classes organized primarily for adults. (2) Specially designed content instruction delivered in English in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). (3) Content instruction delivered in the pupil’s primary language in the subjects and at the levels authorized by the teacher’s prerequisite credential or permit used to satisfy the requirement specified in paragraph (1) of subdivision (b). (4) Instruction for primary language development in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults, except when the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit, a children’s center supervision permit, or a designated subjects teaching credential in adult education. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a children’s center instructional permit or a children’s center supervision permit, instruction for primary language development is limited to the programs authorized by that permit. If the requirement specified in paragraph (1) of subdivision (b) is satisfied by the possession of a designated subjects teaching credential in adult education, instruction for primary language development is limited to classes organized primarily for adults. (b) The minimum requirements for the authorization, which may be completed at the same time as the initial preparation for the prerequisite credential or at a later date, shall include both of the following: (1) Possession of a valid California teaching credential, services credential, visiting faculty permit, children’s center instructional permit, or children’s center supervision permit which credential or permit authorizes the holder to provide instruction to pupils in preschool, kindergarten, any of grades 1 to 12, inclusive, or classes primarily organized for adults, except for the following: (A) Emergency credentials or permits. (B) Exchange credentials as specified in Section 44333. (C) District intern credentials as specified in Section 44325. (D) Sojourn certificated employee credentials as specified in Section 44856. (E) Teacher education internship credentials as specified in Article 3 (commencing with Section 44450) of Chapter 3. (2) Passage of one or more examinations, or by completing an approved program that consists of coursework or a combination of coursework and examinations, that the commission determines is necessary for demonstrating the knowledge, skills, and language proficiency required for effective delivery of the services included in the authorization. (c) To earn the authorization, teachers who hold the authorization described in Section 44253.3, or in Article 3.5 (commencing with Section 44475) of Chapter 3, as that section and that article existed on December 31, 1992, shall not be required to pass examinations that primarily assess the skills and knowledge necessary for effective delivery of the services included in the authorizations they possess. (d) The authorization shall remain valid as long as the prerequisite credential or permit specified in paragraph (1) of subdivision (b) remains valid. (e) The commission initially shall issue authorizations for languages spoken by the largest numbers of limited-English-proficient pupils for which there are reasonable numbers of teachers or potential teachers who speak those languages. The commission shall explore alternative ways to make authorizations available for other languages. (f) A teacher who possesses a credential or permit described in paragraph (1) of subdivision (b), and who is able to present a valid out-of-state credential or certificate that authorizes content instruction delivered in a pupil’s primary language, may qualify for the authorization issued pursuant to this section by submitting an application and a fee to the commission. (Amended by Stats. 2017, Ch. 561, Sec. 32. (AB 1516) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.45. Source version: id_0cc05dc0-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Notwithstanding any other law, the commission may approve a teacher education program offered by a school district or county office of education administered for purposes of earning a cross-cultural language and academic development certificate, English learner authorization, or a bilingual authorization certificate, including a California Teacher of English Learners program. (b) The commission shall apply the standards for approval of a program of professional preparation offered by a regionally accredited institution of higher education to a program of professional preparation offered by a school district or county office of education under this section. (Added by Stats. 2025, Ch. 727, Sec. 1. (AB 1306) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.5. Source version: id_d4c5ca9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission shall develop and administer examinations on which a teacher can demonstrate his or her competence in the knowledge and skills necessary for effective teaching of limited-English-proficient pupils. For the purpose of demonstrating the competencies specified in paragraphs (5) and (6) of subdivision (c) in languages for which the commission has developed no examinations, the commission may establish guidelines for approving assessments performed by organizations that are expert in the language and culture assessed. (b) To the extent possible, the scope and content of the examinations shall be congruent with the scope and content of the commission-approved professional preparation programs for prospective teachers of limited-English-proficient pupils. (c) The scope and content of the examinations shall consist of the professional skills and knowledge that are determined by the commission to be necessary for effective teaching of limited-English-proficient pupils, and shall include, but need not be limited to, the following domains of professional knowledge and skill: (1) First- and second-language development and the structure of language. (2) Methodology of English language development and specially designed content instruction in English. (3) Culture and cultural diversity. (4) Methodology of content instruction in the pupil’s primary language. (5) The culture associated with a specific language group. (6) Competence in a language other than English that is spoken by limited-English-proficient pupils in California. (d) In the development of the examinations, the commission shall confer with selected professionals who are knowledgeable and experienced in the education of limited-English-proficient pupils, with colleges and universities that prepare teachers for limited-English-proficient pupils, and with the State Department of Education. (Amended by Stats. 1994, Ch. 157, Sec. 1. Effective July 11, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.6. Source version: id_d4c5caa1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Until the commission begins the administration of Section 44253.5, as added by Chapter 1050 of the Statutes of 1992, the commission shall continue to administer Sections 44253.5 and 44253.6 and Article 3.5 (commencing with Section 44475) of Chapter 3, as those sections and that article existed on December 31, 1992. (b) A teacher who earned a passing score on a part of the examination for the bilingual cross-cultural certificate that was administered by the commission pursuant to Sections 44253.5 and 44253.6 as those sections existed on December 31, 1992, shall not be required by the commission, as a requirement for earning the certificate described in Section 44253.3 or 44253.4, to take a duplicate examination within nine years of the date when the teacher earned the passing score. (c) A teacher who has passed both sections of the examination for the language development specialist certificate of competence that was administered by the commission pursuant to Article 3.5 (commencing with Section 44475) of Chapter 3 as that article existed on December 31, 1992, shall have five years from the date of his or her earliest passing score to complete the other requirements and apply for the language development specialist certificate of competence. (d) After the commission begins to administer the examinations required by Section 44253.5, the commission shall continue to administer, until June 30, 1995, the examination for the language development specialist certificate administered pursuant to Article 3.5 (commencing with Section 44475) of Chapter 3 as that article existed on December 31, 1992, solely to those individuals who, on or after June 30, 1992, were enrolled in language development specialist programs approved by the commission pursuant to that article. (e) Certificates of bilingual cross-cultural competence issued by the commission pursuant to Sections 44253.5 and 44253.6 as those sections existed on December 31, 1992, and certificates of competence as language development specialist issued by the commission pursuant to Article 3.5 (commencing with Section 44475) of Chapter 3 as it existed on December 31, 1992, shall remain valid as long as the holder’s prerequisite teaching credential for those certificates as specified in Sections 44253.5 and 44253.6 and Article 3.5 (commencing with Section 44475) of Chapter 3 remain valid. (Amended by Stats. 1993, Ch. 809, Sec. 4. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.7. Source version: id_98d9d426-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The Commission on Teacher Credentialing, based upon the availability of funds, shall develop objective and verifiable standards for an authorization for bilingual-cross-cultural competence for holders of an appropriate credential, certificate, authorization, or permit who will be serving English language learners. These authorizations may be issued to persons holding an appropriate credential or authorization issued by the commission, including, but not limited to, counselors; special education professionals, including, but not limited to, the holders of special education credentials, clinical services credentials, and school psychologist authorizations; and child development and preschool professionals. (b) Candidates for the authorization, by oral and written examination, or by completing an approved program that consists of coursework or a combination of coursework and examinations, shall demonstrate all of the following either at the same time as the initial preparation for the prerequisite credential or at a later date: (1) That the person is competent in both the oral and written skills of a language other than English. (2) That the person is competent in both the oral and written skills in the English language. A passing score on the reading and writing portions of the basic skills proficiency test administered pursuant to Section 44252.5 or in accordance with Section 44252 shall satisfy the written skills portion of this requirement. (3) That the person has both the knowledge and understanding of the cultural and historical heritage of the limited-English-proficient individuals to be served. (4) That the person has the ability to perform the services the candidate is certified or authorized to perform in English and in a language other than English. (c) The commission may develop rules and regulations setting forth objective and verifiable standards for approval of training programs leading to the authorizations issued pursuant to this section. (d) For the purpose of assessing the qualifications established by the commission in accordance with this section, the commission shall develop rules, regulations, or guidelines establishing an assessment system that may include local educational agencies, institutions of higher education, and qualified nonprofit bilingual testing agencies as assessor agencies. (e) It is not the intent of the Legislature in enacting this section that possession of any authorization established by this section be a state-mandated requirement for employment. It is the intent that this is a matter for local educational agencies to determine. (Amended by Stats. 2008, Ch. 660, Sec. 3. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.8. Source version: id_d4c75145-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) For the examinations required by Sections 44253.5 and 44253.7, the commission shall charge examination fees that are sufficient to recover the costs of developing and administering the examinations, including the costs of periodic studies of the examinations, except to the extent that these costs are recovered by appropriations from another source of funds. (b) In addition to the fees collected pursuant to subdivision (a), within the limits set forth in this chapter, the commission may establish and collect fees to recover its costs for the administration of any assessment of teaching competence adopted by the commission to implement the provisions of this chapter, unless the costs are recovered by appropriations from another source of funds. (Amended by Stats. 1999, Ch. 737, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.9. Source version: id_d4c75147-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The commission shall promulgate regulations to clarify and make specific the requirements and authorizations of credentials, certificates, and permits established pursuant to this article. (Added by Stats. 1992, Ch. 1050, Sec. 14. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.10. Source version: id_2c508a2b-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) A teacher with a basic teaching credential may be assigned to provide specially designed content instruction delivered in English, as defined in subdivision (b) of Section 44253.2, to limited-English-proficient pupils only if both of the following conditions are met: (1) The teacher, as of January 1, 1999, is a permanent employee of a school district, county office of education, or school administered under the authority of the Superintendent, or was previously a permanent employee and then was employed in a school district within 39 months of the previous permanent status, or has been employed in a school district with an average daily attendance of not more than 250 for at least two years. (2) The teacher completes 45 clock hours of staff development in methods of specially designed content instruction delivered in English before January 1, 2008. The extension of the date by which a teacher is required to complete this staff development shall not be construed as authorizing teachers to teach limited-English-proficient pupils without a certificate issued pursuant to this section or Sections 44253.3 and 44253.4. (b) (1) The commission, in consultation with the Superintendent, shall establish guidelines for the provision of staff development pursuant to this section. The commission and the Superintendent shall use their best efforts to establish these guidelines as soon as possible, but not later than January 1, 1996. Staff development pursuant to this section shall be consistent with the commission’s guidelines. (2) To ensure the highest standards of program quality and effectiveness, the guidelines shall include quality standards for the persons who train others to perform staff development training and for those who provide the training. The guidelines may require that teachers who qualify to provide instruction pursuant to paragraph (1) of subdivision (d) include a portion, within the total 45 clock hours of training provided pursuant to paragraph (2) of subdivision (a), in English language development. (3) The guidelines for training to meet the requirements of paragraph (1) of subdivision (d) may provide for 20 hours, or fewer hours as the commission may specify, of training in any aspect of English language development or specially designed content instruction delivered in English. (4) The guidelines shall require that the staff development offered pursuant to this section be aligned to the teacher preparation leading to the issuance of a certificate pursuant to Section 44253.3 and any amendments made to that section. This alignment, however, shall not result in any increase in the number of hours of staff development necessary to meet the requirements of this section. (5) The guidelines and standards established by the commission to implement this section shall require and maintain compliance with any requirements mandated by federal law for purposes of ensuring continued federal financial assistance. (6) The commission shall review staff development programs in relation to the guidelines and standards established pursuant to this section. The review shall include all programs offered pursuant to this section except programs previously approved pursuant to subdivision (c). If the commission finds that a program meets the applicable guidelines and standards, the commission shall forward a report of its findings to the chief executive officer of the sponsoring school district, county office of education, or regionally accredited institution of higher education. If the commission finds that a program does not meet the applicable guidelines or standards, or both, the report of the commission shall specify the areas of noncompliance and the time period in which a second review shall occur. If a second review of a program by the commission reveals a pattern of continued noncompliance with the applicable guidelines or standards, or both, the sponsoring agency shall not offer the program to teachers who have not already enrolled in it. The effective date for commission approval of staff development programs not currently approved as of January 1, 2000, shall be on or before January 1, 2002, except for persons already enrolled in programs by January 1, 2002. (7) By December 4, 2007, the commission shall report to the Legislature on the status of the 45-hour and the 90-hour alternative programs, including the strengths and weaknesses of the process and programs. In preparing the report, the commission shall include a summary of its review pursuant to paragraph (6) of the staff development programs. (c) The staff development may be sponsored by any school district, county office of education, or regionally accredited institution of higher education that meets the standards included in the guidelines established pursuant to subdivision (b) or any organization that meets those standards and is approved by the commission. Any equivalent three semester unit or four quarter unit class may be taken by the teacher at a regionally accredited institution of higher education to satisfy the staff development requirement described in either subdivision (a) or (d), or both. Once the commission has made a determination that a college or university class is equivalent, no further review of the class shall be required pursuant to paragraph (6) of subdivision (b), regardless of the date of the initial review. (d) (1) A teacher who completes the staff development described in subdivision (a) shall be awarded a certificate of completion of staff development in methods of specially designed content instruction delivered in English. (2) A teacher who completes the staff development described in subdivision (a) may provide specially designed content instruction delivered in English, as defined in subdivision (b) of Section 44253.2, and instruction for English language development, as defined in subdivision (a) of Section 44253.2, in any departmentalized teaching assignment consistent with the authorization of the teacher’s basic credential. This authorization also applies to teachers who completed the required staff development before January 1, 2000. (3) A teacher who completes the staff development described in subdivision (a) shall not be assigned to provide content instruction delivered in the pupil’s primary language, as defined in subdivision (c) of Section 44253.2. (4) A teacher who completes the staff development described in subdivision (a) may be assigned to provide instruction for English language development, as defined in subdivision (a) of Section 44253.2, in a self-contained classroom under either of the following circumstances: (A) The teacher has taught for at least nine years in California public schools, certifies that the teacher has had experience or training in teaching limited-English-proficient pupils, and authorizes verification by the entity that issues the certificate of completion. The teacher shall be awarded a certificate of completion in methods of instruction for English language development in a self-contained classroom. (B) The teacher has taught for less than nine years in California public schools, or has taught for at least nine years in California public schools but is unable to certify that the teacher has had experience or training in teaching limited-English-proficient pupils, but has, within three years of completing the staff development described in subdivision (a), completed an additional 45 hours of staff development, including specially designed content instruction delivered in English and English language development training, as set forth in the guidelines developed pursuant to subdivision (b). Upon completion of this additional staff development, the teacher shall be awarded a certificate of completion in methods of instruction for English language development in a self-contained classroom. (e) During the period in which a teacher is pursuing the training specified in paragraph (2) of subdivision (a) or subdivision (d), or both, including the period for the assessment and awarding of the certificate, the teacher may be provisionally assigned to provide instruction for English language development, as defined in subdivision (a) of Section 44253.2, or to provide specially designed content instruction delivered in English, as defined in subdivision (b) of Section 44253.2. (f) (1) A teacher who completes the staff development with any provider specified in subdivision (c), and who meets the requirements of subdivision (a) or (d) for a certificate of completion of staff development in methods of specially designed content instruction delivered in English or English language development in a self-contained classroom, or both, shall be issued the certificate or certificates. (2) A teacher who completes a staff development program in methods of specially designed content instruction delivered in English or English language development in a self-contained classroom, or both, who has been determined by the commission to meet the applicable guidelines and standards pursuant to paragraph (6) of subdivision (b), shall receive a certificate or certificates of completion from the commission upon submitting an application, a staff development verification form to be furnished by the commission, and payment of a fee to be set by the commission, not to exceed forty-five dollars ($45). (3) A person who is enrolled in, or who has completed, a staff development program not approved by the commission before January 1, 2002, may, until January 1, 2003, apply to any of the following agencies for the certificate or certificates, but the teacher shall be issued the certificate or certificates by only one of these agencies: (A) The school district in which the teacher is a permanent employee. (B) The county office of education in the county in which the teacher is an employee for an agency specified in paragraph (1) of subdivision (a). (C) Any school district or county office of education that provides staff development pursuant to subdivision (c). Before issuing a certificate or certificates based on an equivalent class or classes, as provided for in subdivision (c), the issuing agency shall determine if the class or classes meet the guidelines established pursuant to subdivision (b). (4) Any school district or county office of education that issues a certificate of completion shall forward a copy of the certificate to the commission within 90 days of issuing the certificate. (5) (A) An agency that issues a certificate or certificates of completion may charge the teacher requesting the certificate or certificates of completion a fee that will cover the actual costs of the agency in issuing, forwarding to the commission a copy of, and paying any fee charged by the commission for receiving and servicing, the certificate or certificates of completion. (B) The commission may charge the agency that forwards a copy of a certificate or certificates of completion a one-time fee to cover the actual costs to the commission to file the copy or copies, and to issue duplicates when requested by the teacher. The fee shall not exceed an amount equal to one-half the fee the commission charges for issuing a credential. (g) The certificate of completion is valid in all California public schools. A teacher who has been issued a certificate of completion may be assigned indefinitely to provide the instructional services named on the certificate in any school district, county office of education, or school administered under the authority of the Superintendent. (h) The governing board of each school district shall make reasonable efforts to provide limited-English-proficient pupils in need of English language development instruction with teachers who hold appropriate credentials, language development specialist certificates, or cross-cultural language and academic development certificates that authorize English language development instruction. However, any teacher awarded a certificate or certificates of completion shall be deemed certificated and competent to provide the services listed on that certificate of completion. A teacher who completes staff development pursuant to this section may use those hours of staff development to meet the requirements of subdivision (b) of Section 44277. (i) Any teacher completing staff development pursuant to this section shall be credited with three semester units or four quarter units for each block of 45 hours of staff development completed for the purpose of meeting the requirements set forth in subdivision (b) of Section 44253.3. (j) Any school district may use funds allocated to it for the purposes of Chapter 3.1 (commencing with Section 44681) to provide staff development pursuant to this section. (Amended by Stats. 2021, Ch. 663, Sec. 7. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44253.11. Source version: id_31de819d-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) A teacher with a designated subjects teaching credential or a service credential with a special class authorization may enroll in a course that meets the minimum requirements of staff development in methods of specially designed content instruction delivered in English, as described in Section 44253.3, 44253.4, 44253.7, or 44253.10. (b) (1) The commission, in consultation with the Superintendent, shall establish guidelines for the provision of staff development pursuant to this section that are at least as rigorous as the guidelines established pursuant to Section 44253.10. The commission and the Superintendent may designate guidelines established pursuant to Section 44253.10 in satisfaction of this subdivision. Staff development pursuant to this section shall be consistent with the guidelines of the commission. (2) To ensure the highest standards of program quality and effectiveness, the guidelines shall include quality standards applicable to persons who train others to perform staff development training, as well as for persons who provide the training. (3) The guidelines shall require that staff development offered pursuant to this section be aligned with the teacher preparation that leads to the issuance of a certificate pursuant to Section 44253.3. (4) The guidelines and standards established by the commission to implement this section shall comply with federal law. (5) The commission shall review staff development programs in relation to the guidelines and standards established pursuant to this section. The review shall include all programs offered pursuant to this section. If the commission finds that a program meets the applicable guidelines and standards, the commission shall forward a report of its findings to the chief executive officer of the sponsoring school district, county office of education, or regionally accredited institution of higher education. If the commission finds that a program does not meet the applicable guidelines or standards, or both, the report of the commission shall specify the areas of noncompliance and the time period in which a second review must occur. If a second review reveals a pattern of continued noncompliance with the applicable guidelines or standards, or both, the sponsoring agency shall be prohibited from continuing to offer the program to teachers. (c) The staff development may be sponsored by a school district, county office of education, or regionally accredited institution of higher education that meets the standards included in the guidelines established pursuant to this section or an organization that meets those standards and that is approved by the commission. An equivalent course may be taken by a teacher at a regionally accredited institution of higher education in order to satisfy the staff development requirement. Once the commission makes a determination that a college or university class is equivalent, no further review of the class shall be required. (d) (1) A teacher who completes the staff development described in this section shall be awarded a certificate of completion in methods of specially designed content instruction delivered in English. (2) A teacher who completes the staff development described in this section is allowed to provide specially designed content instruction delivered in English, as defined in subdivision (b) of Section 44253.2. (3) A teacher who completes the staff development described in this section shall not be assigned to provide content instruction delivered in the primary language of the pupil, as defined in subdivision (c) of Section 44253.2. (e) A teacher who completes a staff development program in methods of specially designed content instruction delivered in English pursuant to this section shall receive a certificate of completion from the commission upon submitting an application, a staff development verification form to be furnished by the commission, and payment of a fee, as determined by the commission, not to exceed forty-five dollars ($45). (f) The certificate of completion is valid in all public schools. A teacher who has been issued a certificate of completion may be assigned indefinitely to provide the instructional services named on the certificate in a school district, county office of education, or school administered under the authority of the Superintendent. (g) Teacher assignments made in accordance with this section shall be included in the report required by Section 44225.6. (h) The governing board of each school district shall make reasonable efforts to provide limited-English-proficient pupils in need of English language development instruction with teachers who hold appropriate credentials, language development specialist certificates, or cross-cultural language and academic development certificates that authorize English language development instruction. However, a teacher awarded a certificate or certificates of completion pursuant to this section shall be deemed certificated and competent to provide the services listed on that certificate of completion. (i) A teacher completing staff development pursuant to this section shall be credited with three semester units or four quarter units for each block of 45 clock hours completed for the purpose of meeting the requirements set forth in subdivision (b) of Section 44253.3. (Amended by Stats. 2021, Ch. 663, Sec. 8. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44254. Source version: id_d4c8d7eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission shall establish standards for a restricted reading certificate to enable holders of a teaching credential to provide the early development of reading and language arts skills and the early correction of a pupil’s reading difficulties. (b) (1) The standards and qualifications for the restricted reading certificate shall include demonstrated knowledge of both of the following: (A) Current and confirmed research in teaching basic reading skills that train the candidate for the restricted reading certificate in ongoing, diagnostic techniques that inform teaching and assessment. (B) Teaching techniques for basic reading skills that include direct instruction in phonemic awareness, systematic, explicit phonics, and comprehension skills. (2) The candidate shall also demonstrate knowledge of early intervention techniques, and shall receive guided practice with all of the aforementioned skills within a clinical setting. For the purposes of this section, “direct, systematic, explicit phonics” means spelling patterns, direct instruction in the relationships among sounds and symbols, and practice in connected, decodable text. (c) The commission shall be authorized to issue a restricted reading certificate to holders of a teaching credential who meet the commission’s standards. (Added by Stats. 1996, Ch. 1067, Sec. 6. Effective January 1, 1997. See similar Section 44254 (added by Stats. 1996, Ch. 1068), as amended by Stats. 1997, Ch. 17.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44254. Source version: id_d4c8d7ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission shall establish standards for a restricted reading certificate to enable holders of a teaching credential to provide the early and continuing development of reading and language arts skills and the earliest possible correction of a pupil’s reading difficulties. (b) The standards and qualifications for the restricted reading certificate shall include, but not be limited to, demonstrated knowledge of the following: (1) Current and confirmed research in the teaching of basic reading skills, including research in ongoing, diagnostic techniques that inform teaching and assessment. (2) Techniques for teaching basic reading skills that include direct instruction in phonemic awareness, direct systematic, explicit phonics, and comprehension skills. (3) Early intervention techniques. (c) A candidate for a restricted reading certificate shall receive, within a clinical setting, guided practice in all of the skills described in subdivision (b). (d) The commission may issue a restricted reading certificate to a holder of a teaching credential who meets the commission’s standards. (e) For purposes of this section, “direct systematic, explicit phonics” means spelling patterns, the direct instruction of sound and symbol relationships, and practice in reading connected, decodable text. (Amended (as added by Stats. 1996, Ch. 1068) by Stats. 1997, Ch. 17, Sec. 28. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44256. Source version: id_fb304ad4-c953-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Authorization for teaching credentials shall be of four basic kinds, as defined below: (a) (1) “Single subject instruction” means the practice of assignment of teachers and students to specified subject matter courses, as is commonly practiced in California high schools and most California junior high schools. The holder of a single subject teaching credential or a standard secondary credential or a special secondary teaching credential, as defined in this subdivision, who either (A) has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at a regionally accredited institution of higher education in any subject commonly taught in grades 7 to 12, inclusive, or (B) has been verified as having subject matter competence pursuant to paragraph (5) of subdivision (b) of Section 44259 for any subject commonly taught in grades 7 to 12, inclusive, shall be eligible to have this subject appear on the credential as an authorization to teach this subject. The commission, by regulation, may require that evidence of additional competence is a condition for instruction in particular subjects, including, but not limited to, world languages. The commission may establish and implement alternative requirements for additional authorizations to the single subject credential on the basis of specialized needs. For purposes of this subdivision, a special secondary teaching credential means a special secondary teaching credential issued on the basis of at least a baccalaureate degree, a student teaching requirement, and 24 semester units of coursework in the subject specialty of the credential. (2) For purposes of this subdivision, coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count toward the 20 semester hours requirement. (b) (1) “Multiple subject instruction” means the practice of assignment of teachers and students for multiple subject matter instruction, as is commonly practiced in California elementary schools and as is commonly practiced in early childhood education. (2) The holder of a multiple subject teaching credential or a standard elementary credential who either (A) has completed 20 semester hours of coursework or 10 semester hours of upper division or graduate coursework approved by the commission at a regionally accredited institution of higher education in any subject commonly taught in grades 9 and below, or (B) has been verified as having subject matter competence pursuant to paragraph (5) of subdivision (b) of Section 44259 for any subject commonly taught in grades 9 and below, shall be eligible to have that subject appear on the credential as authorization to teach the subject in departmentalized classes in grades 9 and below. The governing board of a school district by resolution may authorize the holder of a multiple subject teaching credential or a standard elementary credential to teach any subject in departmentalized classes to a given class or group of pupils below grade 9, provided that the teacher has completed at least 12 semester units, or 6 upper division or graduate units, of coursework at a regionally accredited institution of higher education in each subject to be taught. The authorization shall be with the teacher’s consent. However, the commission, by regulation, may provide that evidence of additional competence is necessary for instruction in particular subjects, including, but not limited to, world languages. The commission may establish and implement alternative requirements for additional authorizations to the multiple subject credential on the basis of specialized needs. (3) For purposes of this subdivision, coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count toward the 20 semester hours or 12 semester units requirements. (c) “Specialist instruction” means any specialty requiring advanced preparation or special competence, including, but not limited to, reading specialist, mathematics specialist, specialist in special education, or early childhood education, and such other specialties as the commission may determine. (d) “Designated subjects” means the practice of assignment of teachers and pupils to designated technical, trade, or career technical courses which courses may be part of a program of trade, technical, or career technical education. (Amended by Stats. 2025, Ch. 88, Sec. 3. (AB 1216) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44257. Source version: id_16c00bed-37f3-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission shall issue single subject teaching credentials only in the following subjects: (1) Agriculture. (2) Art. (3) Business. (4) Dance. (5) English. (6) World Language. (7) Health Science. (8) Home Economics. (9) Industrial and Technology Education. (10) Mathematics. (11) Music. (12) Physical Education. (13) Science. (14) Social Science. (15) Theater. (b) The commission shall issue the single subject teaching credential in world language with an authorization to teach Mandarin, Cantonese, French, German, Russian, Spanish, or any other language that the commission determines is appropriate. (c) Subjects that are commonly taught in departmentalized classes in California public schools shall be subsumed under the credential categories in subdivision (a). (d) The commission shall issue single subject teaching credentials in the categories that were identified in Section 44282 as of December 31, 1993, to applicants who were in the process of preparing to earn those credentials before the effective date of the commission’s implementation of subdivision (a). (e) (1) A person issued a single subject teaching credential in English before the establishment of a single subject teaching credential in theater is authorized to teach theater. A person pursuing a single subject teaching credential in English before the establishment of a single subject teaching credential in theater shall not become subject to additional requirements for the single subject teaching credential in English as a result of the authorization provided by this paragraph. (2) A person issued a single subject teaching credential in physical education before the establishment of a single subject teaching credential in dance is authorized to teach dance. A person pursuing a single subject teaching credential in physical education before the establishment of a single subject teaching credential in dance shall not become subject to additional requirements for the single subject teaching credential in physical education as a result of the authorization provided by this paragraph. (f) This section shall not be construed to prohibit a school district from employing a person who holds a single subject teaching credential in another subject with an authorization to teach theater from teaching theater, or a person who holds a single subject teaching credential in another subject with an authorization to teach dance from teaching dance. (g) (1) (A) An individual holding a single subject teaching credential in Social Science, Business, Mathematics, or Home Economics is authorized to teach the personal finance course specified in subparagraph (H) of paragraph (1) of subdivision (a) of Section 51225.3. (B) This paragraph does not constitute a change in, but is declaratory of, existing law. (2) The commission may establish a supplementary authorization that authorizes individuals holding single subject teaching credentials not listed in subparagraph (A) of paragraph (1) to teach the personal finance course specified in subparagraph (H) of paragraph (1) of subdivision (a) of Section 51225.3. (Amended by Stats. 2024, Ch. 37, Sec. 1. (AB 2927) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44257.2. Source version: id_732c4fba-1fdd-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) In order to ensure excellence in teaching in specific subjects, the commission may issue a multiple or single subject teaching credential with a specified concentration in a particular subject based upon the depth of an applicant’s preparation in an important subject of the school curriculum. The commission shall establish and maintain standards for concentrations in particular subjects, as necessary. (b) The commission shall determine the authorizations of teaching credentials with concentrations. The commission shall ensure that with the exceptions of the single subject credentials specified in subdivision (c) of this section, the authorization of a credential with a specified concentration shall not be more restrictive than the authorization of the same credential without the specified concentration. (c) The commission shall issue the single subject teaching credentials in mathematics and science with a specified concentration in a particular subject. The commission shall establish and maintain standards for concentrations in the following specific subject areas: (1) Mathematics shall consist of concentrations in advanced mathematics and foundational mathematics. The holder of a single subject credential in mathematics shall be qualified and authorized to teach courses in numbers and quantity, algebra, geometry, probability, and statistics in kindergarten and grades 1 to 12, inclusive. (2) Science shall consist of concentrations in biological sciences, chemistry, geosciences, and physics. The holder of the single subject teaching credential in science shall be qualified and authorized to teach courses in general science, introductory science, integrated science, and coordinated science in kindergarten and grades 1 to 12, inclusive. (Amended by Stats. 2021, Ch. 252, Sec. 16. (AB 167) Effective September 23, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44257.3. Source version: id_7ef1f205-3177-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) For purposes of this section, the following definitions apply: (1) “Recognition of study in linked learning” is a statement added to a single subject teaching credential that the credential holder has completed a commission-approved program in linked learning teaching methods that can be applied to the academic instruction authorized by his or her credential. A recognition of study in a linked learning teacher preparation program may be offered as part of an initial teacher preparation program or as a separate program for previously credentialed teachers. (2) “Linked learning programs” are programs and pathways described in Section 52372.5 and may include, but are not limited to, California partnership academies. (b) The commission may convene a workgroup to develop program standards for the issuance of a recognition of study for linked learning competence for holders of a single subject teaching credential who will be teaching pupils enrolled in linked learning programs pursuant to Section 52372.5. (c) Members of the workgroup shall include, but are not limited to, representatives from: (1) The department. (2) Approved teacher preparation programs, including at least one representative from the California State University, the University of California, and independent institutions of higher education. To the extent practicable, representatives should have an academic interest or prior experience in preparing teachers to teach in linked learning programs. (3) The business community, including representatives from local chambers of commerce. (4) School districts, county offices of education, and charter schools that have implemented linked learning programs, California partnership academies, or other similar programs that integrate core academic subject and industry applications. (5) Regional occupational centers and programs. (6) Practicing career technical education teachers. (7) Other organizations deemed appropriate by the commission. (d) It is the intent of the Legislature that a successful candidate for a recognition of study developed in linked learning pursuant to subdivision (b) demonstrate appropriate knowledge, as determined by the commission based upon the recommendations of the workgroup convened pursuant to subdivision (b). Within the context of the academic content standards in kindergarten and any of grades 1 to 12, inclusive, this knowledge may include, but is not limited to, an understanding of the following: (1) How to develop and maintain industry and postsecondary educational partnerships. (2) Ongoing professional learning. (3) Work-based learning strategies. (4) Career exposure and development. (5) Interdisciplinary collaboration and project-based teaching methods. (6) California Career Technical Education Model Curriculum Standards adopted by the state board. (e) With respect to any recognition of study in linked learning issued pursuant to subdivision (b), the California State University and other teacher preparation institutions are encouraged to establish goals for increasing the number of teachers prepared through linked learning programs. (f) Beginning Teacher Support and Assessment programs are encouraged to provide appropriate support, mentoring, and assistance to beginning teachers who are teaching in linked learning programs, including candidates who are in externships. (g) The commission may work with the Superintendent to gather and post, on an appropriate Internet Web site, best practices from school districts and schools on curriculum development and professional development relating to implementing and sustaining multiple pathway programs. (h) The holder of a single subject teaching credential receiving a recognition of study in linked learning pursuant to subdivision (b) is not authorized to teach subject matter content or English learners unless he or she holds an appropriate authorization or is employed on the basis of a local assignment option. (i) Any recognition of study in linked learning issued pursuant to subdivision (b) shall not be considered a type of authorization, shall not be used as a condition of employment, shall not replace a subject matter competence requirement, and shall not be used in making employment decisions pursuant to Section 44955. (Added by Stats. 2011, Ch. 259, Sec. 2. (AB 1304) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44257.4. Source version: id_d4ca5e95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The commission shall periodically review and assess the adequacy and relevance of the subjects of teaching credentials set forth in Section 44257, and shall report its findings and recommendations to the Legislature. (Added by Stats. 1993, Ch. 809, Sec. 7. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44257.5. Source version: id_c3e43699-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) On or before July 1, 2024, the commission shall convene a workgroup on credentialing for instruction in computer science to do all of the following: (1) Determine which single subject teaching credentials or designated subjects career technical education teaching credentials, if any, should also authorize teaching computer science. (2) Determine whether a single subject teaching credential in computer science should be established. (3) Make recommendations on strategies to meet the workforce demands associated with expanding access to computer science instruction to all pupils. (b) At least one-half of the workgroup shall be composed of current classroom teachers with experience teaching computer science at the secondary level and the workgroup shall also include representatives from: (1) School administration. (2) Institutions of higher education involved in the preparation of teachers to teach computer science. (3) Content experts in the field of computer science education. (c) On or before July 1, 2025, the commission shall provide a report of the workgroup’s findings and recommendations to the appropriate policy and fiscal committees of the Legislature. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. (Added by Stats. 2023, Ch. 834, Sec. 1. (AB 1251) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44258. Source version: id_d4cbe437-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. A teacher who is authorized for single subject instruction may be assigned, with his consent, to teach any subject in his authorized fields at any grade level; preschool; kindergarten and grades 1 to 12, inclusive; or in classes organized primarily for adults, and similarly, a teacher authorized for multiple subject instruction may be assigned, with his consent, to teach in any self-contained classroom; preschool; kindergarten and grades 1 to 12, inclusive; or in classes organized primarily for adults; and similarly, a teacher authorized as a specialist teacher may be assigned, with his consent, to teach in his area of specialization at any grade level; preschool; kindergarten and grades 1 to 12, inclusive; or in classes organized primarily for adults. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44258.1. Source version: id_d4cbe439-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The holder of a credential authorizing instruction in a self-contained classroom may teach in any of grades 5 to 8, inclusive, in a middle school, provided that he or she teaches two or more subjects for two or more periods per day to the same group of pupils, and, in addition, may teach any of the subjects he or she already is teaching to a separate group of pupils at the same grade level as those pupils he or she already is teaching for an additional period or periods, provided that the additional period or periods do not exceed one-half of the teacher’s total assignment. (Amended by Stats. 1991, Ch. 1064, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44258.15. Source version: id_d4cbe43b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Notwithstanding Section 44258.1, the holder of a credential authorizing instruction in a self-contained classroom may provide instruction in a team teaching setting or may regroup pupils across classrooms in subjects authorized by the governing board of the school district. (Amended by Stats. 1994, Ch. 922, Sec. 80. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44258.2. Source version: id_4289ee93-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The holder of a single subject teaching credential or a standard secondary teaching credential may, with the credentialholder’s consent, be assigned by action of the governing board to teach classes in grades 5 to 8, inclusive, in a middle school, if the credentialholder has a minimum of 12 semester units, or six upper division or graduate units, of coursework at a regionally accredited institution of higher education in the subject to which the credentialholder is assigned. For purposes of this section, coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count toward the 12 semester units requirement. (Amended by Stats. 2021, Ch. 663, Sec. 10. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44258.3. Source version: id_9d77abc1-0c94-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The governing board of a school district may assign the holder of a credential, other than an emergency permit, to teach any subjects in departmentalized classes in kindergarten or any of grades 1 to 12, inclusive, if the governing board verifies, before making the assignment, that the teacher has adequate knowledge of each subject to be taught and the teacher consents to that assignment. The governing board shall adopt policies and procedures for the purpose of verifying the adequacy of subject knowledge on the part of each of those teachers. The governing board shall involve subject matter specialists in the subjects commonly taught in the school district in the development and implementation of the policies and procedures, and shall include in those policies and procedures both of the following: (1) One or more of the following ways to assess subject matter competence: (A) Observation by subject matter specialists, as defined in subdivision (d). (B) Oral interviews. (C) Demonstration lessons. (D) Presentation of curricular portfolios. (E) Written examinations. (2) Specific criteria and standards for verifying adequacy of subject matter knowledge using any of the methods in paragraph (1). The criteria shall include, but need not be limited to, evidence of the candidate’s knowledge of the subject matter to be taught, including demonstrated knowledge of the curriculum framework for the subject to be taught and the specific content of the course of study in the school district for the subject, at the grade level to be taught. (b) Teaching assignments made pursuant to this section shall be valid only in that school district. The principal of the school, or other appropriate administrator, shall notify the exclusive representative of the certificated employees for that school district, as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, of each instance in which a teacher is assigned to teach classes pursuant to this section. The commission may suspend the authority of a school district to use the teaching assignment option authorized by this section upon a finding that the school district has violated this section. (c) Nothing in this section shall be construed to alter the effect of Section 44955 with regard to the reduction by a school district governing board of the number of certificated employees. (d) For purposes of this section, “subject matter specialists” are mentor teachers, curriculum specialists, resource teachers, classroom teachers certified to teach a subject, staff to regional subject matter projects or curriculum institutes, or college faculty. (Amended by Stats. 2019, Ch. 782, Sec. 4. (AB 1219) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44258.7. Source version: id_4810e125-590f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The holder of a standard secondary credential who, before September 1, 1989, has taught successfully in a subject within the department of the credentialholder’s academic major or minor for a minimum of three years, as verified by the employing school district, may receive a supplementary authorization in that subject upon application, payment of a fee, which shall not exceed one-half of the regular credential fee, and evidence that one of the following has been accomplished: (1) (A) Successful completion, by September 1, 1989, of a minimum of 12 semester units, or six upper division or graduate units, of coursework at a regionally accredited institution of higher education in the subject. (B) For purposes of this paragraph, coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count toward the 12 semester units requirement. (2) The securing of a passing score on an examination in the subject approved by the Commission on Teacher Credentialing. (3) Verification of competence in the subject matter by a subject area specialist not associated with the employing school district. (b) A person who holds a teaching credential in a subject or subjects other than physical education may be authorized by action of the local governing board to coach one period per day in a competitive sport for which pupils receive physical education credit, provided that the credentialholder is a full-time employee of the school district and has completed a minimum of 20 hours of first aid instruction appropriate for the specific sport. (c) A teacher employed on a full-time basis who teaches kindergarten or any of grades 1 to 12, inclusive, and who has special skills and preparation outside of the teacher’s credential authorization may, with the teacher’s consent, be assigned to teach an elective course in the area of the special skills or preparation, provided that the assignment is first approved by a committee on assignments. For purposes of this subdivision an “elective course” is a course other than English, mathematics, science, or social studies. The membership of the committee on assignments shall include an equal number of teachers, selected by teachers, and school administrators, selected by school administrators. (d) Assignments approved by the committee on assignments shall be for a maximum of one school year, but may be extended by action of the committee upon application by the schoolsite administrator and the affected teacher. All initial assignments or extensions shall be approved before the assignment or extension. Districts making assignments under this subdivision shall submit a plan to the county superintendent of schools that shall include, but need not be limited to, the following: (1) Statements signed by the district superintendent and the president or chairperson of the district governing board, approving the establishment of the committee. (2) Procedures for selection of the committee membership. (3) Terms of office for committee members. (4) Criteria for determining teachers’ qualifications for these assignments. (e) The Commission on Teacher Credentialing may develop and recommend general criteria that may be used by local committees on assignment in assessing a candidate’s qualifications. (f) The commission shall issue an Activity Supervisor Clearance Certificate to candidates serving in a position pursuant to subdivision (a) of Section 49024 upon verification of the candidate’s personal identification and verification that the candidate meets all professional requirements pursuant to Sections 44339, 44340, 44341, and 44346.5. Each certificate shall be issued initially for a five-year period and may be renewed. The commission shall establish a fee for the Activity Supervisor Clearance Certificate. (Amended by Stats. 2021, Ch. 663, Sec. 11. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44258.9. Source version: id_18bd4370-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) (1) The Legislature finds and declares both of the following: (A) That continued monitoring of educator assignments by the commission and the county superintendents of schools and continued reporting of educator assignments by the department will help ensure that local educational agencies meet state and federal reporting requirements, including the requirements of the federal Every Student Succeeds Act (Public Law 114-95), or any other federal law that effectively replaces that act, and will ensure that the rate of educator misassignments remains low. (B) That local educational agencies, state officials, pupils, and guardians have a vested interest in knowing and understanding the capacity of local educational agencies to fill all available and funded teaching assignments with educators who are fully credentialed for the subjects and pupils they are teaching, and a vested interest in understanding the scope of the teacher shortage across the TK/K–12 educational system, including, but not limited to, those instances where vacancies cannot be filled, resulting in the use of substitutes, increases in class size, or cancellation of courses or classes. (2) To support pupil access to credentialed and appropriately assigned educators, the commission and the department shall collaborate to publish annual data on educator credentialing and assignment, at the school, local educational agency, and state levels. To the extent possible, and with the funds provided for that purpose, each county office of education shall perform its duties as a monitoring authority, as specified in subdivision (e). (3) The commission and the department shall collaborate to perform the duties specified in this section, with the commission executing the assignment monitoring process and the department facilitating the annual teaching assignment monitoring data production and publication. (4) The teaching assignment monitoring outcome data reporting shall be executed in a manner consistent with the statewide system of support and the school accountability system established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4, county office of education monitoring established pursuant to Article 2 (commencing with Section 1240) of Chapter 2 of Part 2 of Division 1 of Title 1, and the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act, or any other federal law that effectively replaces that act. (b) For purposes of this section, the following definitions and identifications apply: (1) (A) “An instance of a teacher shortage” means an identification by the commission that a course or class assignment is not any of the following: (i) Permanently filled as of Census Day. (ii) Filled by a fully credentialed teacher. (iii) Filled by a teacher who is appropriately assigned. (B) A “fully credentialed teacher” means an individual who has completed a teacher preparation program, as defined in subdivision (e) of Section 44225.7, and who holds a valid preliminary or clear credential issued based upon the completion of that teacher preparation program. (C) An assignment is “permanently filled as of Census Day” if the educator serving as a teacher has been contracted as of Census Day to provide instruction for either the entire school year or for a one-semester course for the entire semester. (D) A teacher is “appropriately assigned” if the teacher holds a credential, permit, or waiver issued by the commission that contains an authorization to legally teach in the setting, in the subject area, and the pupil population associated with the assignment. (2) “An unfilled position” shall be identified in each instance where a local educational agency has attempted to fill or is actively trying to fill an open and funded position, but is unable to do so. (3) “A vacant position” shall be identified in each instance where, as of Census Day, a course or class assignment has not been permanently filled by a single-designated certificated employee serving for either the entire school year or for a one-semester course for the entire semester. For purposes of identifying an instance of a teacher shortage pursuant to paragraph (3) of subdivision (i), a “vacant position” shall be limited to an employee serving as a teacher. (4) “Assignment” means the placement of an individual in a teaching or services position. An “assignment” can be filled legally by an individual with a credential, permit, waiver, or any other document issued by the commission authorizing the assignment, or the individual may be otherwise authorized by statute. (5) “Local educational agency” means a school district, county office of education, charter school, or state special school. (6) “Misassignment” has the same meaning as defined in Section 33126. For purposes of this section, “employee,” as used in the definition of “misassignment” in Section 33126, includes an individual hired on a contract. For purposes of this section, in a charter school, “misassignment” shall apply only to employees in teaching positions. (7) “Monitoring authority” means: (A) The county office of education for school districts in the county and programs operated by the county office of education. (B) The commission for a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the state special schools. (C) (i) The chartering authority for a charter school. (ii) Notwithstanding clause (i), in cases where a charter school operates under the authority of a school district in which the charter school is the sole schoolsite in the school district, the commission shall serve as the monitoring authority. (8) “System,” unless the context requires otherwise, means the California Statewide Assignment Accountability System, which is an electronic data system administered by the commission for monitoring educator assignments and vacant positions and uses department data collected pursuant to Sections 10600 and 60900 for its functioning. (c) The commission and the department shall enter into a data sharing agreement for the department to provide the commission with educator assignment data necessary to annually identify educator assignments, including assignments filled by individuals on preliminary or clear credentials, intern credentials, permits or waivers, misassignments, and vacant positions at local educational agencies. The data sharing agreement shall also require the commission to make credential, permit, waiver, misassignment, vacant positions, and other relevant data available to the department to support reporting consistent with the state plan approved by the state board that is required for compliance with the federal Every Student Succeeds Act (Public Law 114–95), or any other federal law that effectively replaces that act, and applicable state reporting requirements, including for the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4. (d) The commission and the department may engage in a variety of activities designed to inform school administrators, teachers, and personnel within the county offices of education of the regulations and statutes affecting the assignment of educators and how data on educator assignments is published and used. These activities may include, but shall not necessarily be limited to, the preparation of instructive brochures and the holding of regional workshops. (e) (1) The commission shall annually use the data provided by the department pursuant to subdivision (c) to produce an initial data file of vacant positions and educator assignments that do not have a clear match of credential to assignment. The commission shall notify local educational agencies and monitoring authorities of the opportunity to access the system and review the initial data file of potential misassignments and vacant positions. (2) A local educational agency may do any of the following within 60 days of the commission’s notification pursuant to paragraph (1): (A) Access and review the initial data file in the system to determine if each educator included in the initial data file is otherwise legally authorized for the assignment. (B) Submit documentation or additional assignment information to the commission and monitoring authority showing that the educator is otherwise legally authorized for the assignment. This information may include the use of local assignment options outlined in any statute or regulation. (C) Submit documentation to the commission and monitoring authority showing that a position identified in the initial data file as vacant was miscoded and that a legally authorized educator was assigned to the position. (3) Information submitted to the commission and monitoring authority pursuant to paragraph (2) shall be submitted electronically through the system. (4) A monitoring authority shall access the system to review the initial data file and any documentation or additional information submitted by a local educational agency for which it is a monitoring authority and make a determination of potential misassignments and vacant positions within 90 days of the commission’s notification pursuant to paragraph (1). (5) The commission shall have the authority to make a final determination for all potential assignments and misassignments. (6) After the 90-day review period pursuant to paragraph (4), the commission shall share all educator assignment data, including all preliminary and clear credentials, intern credentials, permits, waivers, misassignments, and vacant positions for that year, with the department for the department’s teaching assignment monitoring outcomes report and other state and federal reporting requirements. (7) Once published, the commission shall post a link to the department’s teaching assignment monitoring outcomes reporting on its internet website, with resources for local educational agencies seeking to maintain a fully credentialed and appropriately assigned educator workforce. (8) Notwithstanding any other law, the commission, when identifying misassignments using the system, shall identify an educator in a teaching position, including an educator at a charter school, as correctly assigned only when the educator holds the certificate or credential required by the commission for that assignment in a noncharter public school, taking into account local assignment options. (9) Commencing in the 2020–21 school year, a chartering authority, as provided in this section, may request technical assistance to assist in its determination of potential misassignments and vacant positions from the county office of education in the county in which the chartering authority is located. (10) For a school district, the county superintendent of schools shall notify, through the office of the school district superintendent, a certificated school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment, and shall advise the school administrator to correct the assignment within 30 calendar days. For a charter school, the monitoring authority shall notify the charter school administrator responsible for the assignment of a certificated person to a position for which the person has no legal authorization of the misassignment and shall advise the charter school administrator to correct the assignment within 30 calendar days. (f) The system and the data reported from the system shall not be used by a local educational agency for purposes of evaluating certificated employees, certificated employee performance determinations, or employment decisions. (g) If an employee, including an employee who is employed by a charter school, is required by a local educational agency to accept an assignment in a teaching or services position for which the employee has no legal authorization, all of the following shall occur: (1) (A) After exhausting existing local remedies, an employee of a school district shall notify the superintendent of the school district, and an employee of a charter school shall notify the administrator of the charter school, in writing, of the illegal assignment. (B) If no action is taken after the notice required pursuant to subparagraph (A), an employee of a school district shall notify the county superintendent of schools, and an employee of a charter school shall notify the chartering authority, in writing, of the illegal assignment. (2) In the case of an assignment by a school district for which the employee has filed a notice that the employee has no legal authorization, the school district or county superintendent of schools shall advise the employee about the legality of the assignment within 15 working days. In the case of an assignment by a charter school for which the employee has filed a notice that the employee has no legal authorization, the administrator of the charter school or the chartering authority shall advise the employee about the legality of the assignment within 15 working days. (3) A local educational agency shall not take adverse action against an employee who files a notice of misassignment pursuant to paragraph (1). (4) Notwithstanding any other law, for purposes of a charter school authorized by the state board, the employee shall file the written notices regarding misassignment described in paragraph (1) with the commission. (5) During the period of a misassignment, the certificated employee who files a written notice pursuant to subparagraph (B) of paragraph (1) shall be exempt from Section 45034. (6) If it is determined that a misassignment has occurred, a performance evaluation pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of the certificated employee in the misassignment shall be nullified. (7) A certificated employee who has not attained permanent status is subject to the protections described in this subdivision and subdivision (f) even if the certificated employee does not provide notice pursuant to paragraph (1). (h) For the 2019–20 school year, the final data file generated by the system to identify misassignments and vacant positions shall be nonconsequential and shall be provided to the department, local educational agencies, and monitoring authorities by the commission for informational purposes only. (i) Commencing with the 2020–21 school year, and each school year thereafter, following the 90-day review period provided for monitoring authorities pursuant to subdivision (e), the commission shall do all of the following: (1) Ensure local educational agencies have access to the results of the system’s process of assignment monitoring to support local continuous improvement efforts. (2) Publish annual certificated educator assignment data that reflects the level of preparation and licensure of educators serving California pupils. This data shall include comprehensive information on all educator assignments, including those filled by individuals on permits or waivers, intern credentials, and preliminary or clear credentials, and those appropriately assigned and misassigned, at the schoolsite, local educational agency, county, and state levels. The commission may also publish data on educators serving on administrative and pupil services credentials, educator preparation pathways, and educator retention, and whether certificated staff are employed in K–12 education. (3) (A) Identify instances of a teacher shortage in each instance where, as of Census Day, a course or class assignment is permanently filled by an employee who is not fully credentialed or who is not appropriately assigned, as identified in clauses (i) to (vii), inclusive, below: (i) Individuals who are fully credentialed teachers and are serving outside their credential area based on holding a valid commission-issued permit authorizing the subject, setting, or pupil population being taught. (ii) Individuals who are fully credentialed teachers and are serving outside of their credential area pursuant to a statute or Title 5 of the California Code Regulations that allows a local educational agency to otherwise legally assign the individual at the local level. (iii) Individuals serving on a valid district or university intern credential that authorizes the subject, setting, or pupil population being taught. (iv) Individuals who are fully credentialed teachers but are teaching a subject, setting, or pupil population not authorized by their credential area, excluding assignments authorized by subdivision (b) of Section 80005 of Title 5 of the California Code of Regulations. (v) Individuals serving on the basis of a valid permit issued by the commission that authorizes the subject, setting, or pupil population being taught. (vi) Individuals serving on a short-term or variable-term waiver document issued by the commission that authorizes the subject, setting, or pupil population being taught. (vii) Individuals who are identified as misassigned by the commission, other than those educators described in clause (iv). (B) Identify instances of a teacher shortage in each instance where, as of Census Day, a local educational agency identifies a vacant position or an unfilled position. (4) Support the department to do all of the following: (A) Make annual educator assignment, misassignment, and vacant position data generated by the system publicly available in a searchable format on the department’s internet website. Data shall be updated annually and provide comprehensive information on teaching assignment outcomes inclusive of all educator classifications at the schoolsite, school district, and county levels. (B) Ensure that data for charter schools is distinguishable from data for noncharter public schools when made publicly available in a searchable format. (C) Maintain each year’s data for no less than five years. (D) Ensure that the publicly available misassignment data reported from the system shall not include any personally identifiable information, including names, social security numbers, home addresses, telephone numbers, or email addresses of individual educators. (j) The commission may promulgate regulations that define standards for a local educational agency, including a charter school, that consistently misassigns educators and what sanctions, if any, to impose on that local educational agency. (k) (1) On or before December 1, 2022, the commission shall report to the appropriate policy and fiscal committees of the Legislature on the development of the system, including, but not limited to, all of the following: (A) The development and current status of the system. (B) The ability of the system to efficiently produce accurate annual data on teacher misassignments. (C) Statewide information regarding misassignments, delineated by credential type, assignment, and type of school. (D) Use of local assignment options, delineated by local assignment option and type of school. (E) Any recommendations to improve the system and the local assignment monitoring process required by this section. (F) Identification of any need for further technical assistance for local educational agencies, including chartering authorities, to improve assignment monitoring and reduce the overall rate of misassignment. (2) Pursuant to Section 10231.5 of the Government Code, the reporting requirement described in paragraph (1) shall be inoperative on December 1, 2026. (l) This section shall not relieve a local educational agency from compliance with state and federal law regarding teachers of English learners or be construed to alter the definition of “misassignment” for purposes of Section 33126 or the definition of “vacancy” for purposes of Section 35186. (m) This section does not change existing rights or obligations, including, but not limited to, those specified in Sections 33126 and 33315. (n) (1) Beginning July 1, 2027, a teacher employed by a local educational agency and offering a course in which pupils receive course credit or that counts toward instructional minutes, or both, shall hold the certificate, permit, or other document required by the commission for that assignment and shall be monitored. (2) Paragraph (1) does not authorize a local educational agency to assign a teacher of record that is not an employee of the local educational agency. (3) For purposes of this subdivision, “local educational agency” means a school district, county office of education, charter school, or educational joint powers authority. (Amended by Stats. 2026, Ch. 65, Sec. 59. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259. Source version: id_217db622-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Except as provided in clauses (i) and (iii) of subparagraph (A) of paragraph (3) of subdivision (b), a program of professional preparation for multiple or single subject teaching credentials shall not include more than two years of full-time study of professional preparation. (b) The minimum requirements for the preliminary multiple subject, single subject, or education specialist teaching credential are all of the following: (1) A baccalaureate degree or higher degree from a regionally accredited institution of higher education. Except as provided in subdivision (c) of Section 44227, for single subject teaching credentials, the baccalaureate degree shall not be in professional education. The commission shall encourage regionally accredited institutions of higher education to offer undergraduate minors in education and special education to students who intend to become single subject credentialed teachers. (2) [Reserved] (3) (A) Satisfactory completion of a program of professional preparation that has been accredited by the Committee on Accreditation on the basis of standards of program quality and effectiveness that have been adopted by the commission. In accordance with the commission’s assessment and performance standards, a program shall include a teaching performance assessment as set forth in Section 44320.2 that is aligned with the California Standards for the Teaching Profession. The commission shall ensure that a candidate recommended for a credential or certificate has demonstrated satisfactory ability to assist pupils to meet or exceed academic content and performance standards for pupils adopted by the state board. Programs that meet this requirement for professional preparation shall include any of the following: (i) Integrated programs of subject matter preparation and professional preparation pursuant to subdivision (a) of Section 44259.1. (ii) Postbaccalaureate programs of professional preparation, pursuant to subdivision (d) of Section 44259.1. (iii) Internship programs of professional preparation, pursuant to Section 44321, Article 7.5 (commencing with Section 44325), Article 11 (commencing with Section 44380), and Article 3 (commencing with Section 44450) of Chapter 3. (iv) Degree programs offered pursuant to Article 5 (commencing with Section 78060) of Chapter 1 of Part 48 of Division 7 of Title 3. (B) A program of professional preparation pursuant to subparagraph (A) shall provide experience that addresses all of the following: (i) Health education, including a basic understanding of youth mental health, study of nutrition, cardiopulmonary resuscitation, and the physiological and sociological effects of the abuse of alcohol, narcotics, and drugs and the use of tobacco. Training in cardiopulmonary resuscitation shall also meet the standards established by the American Heart Association or the American Red Cross. (ii) Field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular education programs. (iii) Advanced computer-based technology, including the uses of technology in educational settings. (4) Study of effective means of teaching literacy, including, but not limited to, the study of reading as described in subparagraphs (A) and (B), and evidence-based means of teaching foundational reading skills in print concepts, phonological awareness, phonics and word recognition, and fluency to all pupils, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs. The study of effective means of teaching literacy shall be in accordance with the commission’s standards of program quality and effectiveness and current teaching performance expectations, shall be aligned to the current English Language Arts/English Language Development (ELA/ELD) Framework adopted by the state board, and shall incorporate the program guidelines for dyslexia developed pursuant to Section 56335. The study of reading shall meet the following requirements: (A) Commencing January 1, 1997, satisfactory completion of comprehensive reading instruction that is research based and includes all of the following: (i) The study of organized, systematic, explicit skills including phonemic awareness, direct, systematic, explicit phonics, and decoding skills. (ii) A strong literature, language, and comprehension component with a balance of oral and written language. (iii) Ongoing diagnostic techniques that inform teaching and assessment. (iv) Early intervention techniques. (v) Guided practice in a clinical setting. (B) For purposes of this section, “direct, systematic, explicit phonics” means phonemic awareness, spelling patterns, the direct instruction of sound/symbol codes and practice in connected text, and the relationship of direct, systematic, explicit phonics to the components set forth in clauses (i) to (v), inclusive, of subparagraph (A). (C) A program for the multiple subject teaching credential and the education specialist teaching credential also shall include the study of integrated methods of teaching language arts. (5) (A) Verification of subject matter competence, demonstrated through one of the following methods: (i) Completion of a subject matter program approved by the commission on the basis of standards of program quality and effectiveness pursuant to Article 6 (commencing with Section 44310). (ii) Passage of a subject matter examination pursuant to Article 5 (commencing with Section 44280). (iii) Successful completion of coursework at one or more regionally accredited institutions of higher education that addresses each of the domains of the subject matter requirements adopted by the commission in the content area of the credential pursuant to Section 44282, as verified by a commission-approved program of professional preparation. For PK-3 early childhood education specialist credentials, completion of 24 semester units or the equivalent quarter units of nonremedial, degree-applicable coursework at a regionally accredited institution of higher education in early childhood education or child development. Coursework completed at a community or junior college that is regionally accredited by an accrediting agency listed in subparagraph (A) of paragraph (1) of subdivision (g) of Section 44203 or by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges may count for purposes of this clause. (iv) Successful completion of a baccalaureate or higher degree from a regionally accredited institution of higher education with the following, as applicable: (I) For single subject credentials, a major in one of the subject areas closely related to an area in which the commission credentials candidates. (II) For multiple subject credentials, a liberal studies major, education major, or other degree major that includes coursework required for the degree major in the content areas pursuant to subdivision (b) of Section 44282. (III) For PK-3 early childhood education specialist credentials, a major in child development, education, or a degree major in a subject area closely related to the credential area. For the PK-3 early childhood education specialist credentials, a major in a subject area closely related to the credential area means a baccalaureate or higher degree whose required coursework for the degree major includes not fewer than three courses, totaling at least 12 semester units or the equivalent quarter units, in child development, human development, or early childhood education. (IV) For education specialist credentials, either a major in one of the subject areas in which the commission credentials candidates or a liberal studies or other major that includes coursework in the content areas pursuant to subdivision (b) of Section 44282. (v) Demonstration that the candidate, through a combination of the methods described in clauses (i), (ii), and (iii) in whole or in part, has met or exceeded each of the domains of the subject matter requirements adopted by the commission in the content area of the credential pursuant to Section 44282 for multiple and single subject credentials, or pursuant to Section 44265 for education specialist credentials. (B) (i) The commission shall ensure that subject matter standards and examinations are aligned with the academic content and performance standards for pupils adopted by the state board. (ii) The commission shall maintain the subject matter domains that include both broad content areas to support coursework review pursuant to clause (iii) of subparagraph (A) and specific content elements to delineate subject matter examination specifications pursuant to clause (ii) of subparagraph (A) and Article 5 (commencing with Section 44280). (6) Demonstration of a knowledge of the principles and provisions of the Constitution of the United States pursuant to Section 44335. (7) Demonstration, in accordance with the commission’s standards of program quality and effectiveness, of basic competency in the use of computers in the classroom as determined by one of the following: (A) Successful completion of a commission-approved program or course. (B) Successful passage of an assessment that is developed, approved, and administered by the commission. (c) The minimum requirements for the clear multiple or single subject teaching credential shall include all of the following requirements: (1) Possession of a valid preliminary teaching credential, as prescribed in subdivision (b), possession of a valid equivalent credential or certificate, or completion of equivalent requirements as determined by the commission. (2) Except as provided in paragraph (3), completion of a program of beginning teacher induction, including either of the following: (A) A program of beginning teacher induction that is provided by one or more local educational agencies and has been approved by the commission on the basis of initial review and periodic evaluations of the program in relation to appropriate standards of credential program quality and effectiveness that have been adopted by the commission pursuant to this subdivision. The program standards shall encourage innovation and experimentation in the continuous preparation and induction of beginning teachers. (B) A program of beginning teacher induction that is sponsored by a regionally accredited institution of higher education in cooperation with one or more local school districts, that addresses the individual professional needs of beginning teachers and meets the commission’s standards of induction. The commission shall ensure that preparation and induction programs that qualify candidates for professional credentials extend and refine each beginning teacher’s professional skills in relation to the California Standards for the Teaching Profession and the academic content and performance standards for pupils adopted by the state board. (3) (A) If a candidate satisfies the requirements of subdivision (b) through completion of an accredited internship program of professional preparation, and if that internship program fulfills induction standards and is approved as set forth in this subdivision, the commission shall determine that the candidate has fulfilled the requirements of paragraph (2). (B) If an approved induction program is verified as unavailable to a beginning teacher, the commission shall accept completion of an approved clear credential program after completion of a baccalaureate degree at a regionally accredited institution of higher education as fulfilling the requirements of paragraph (2). The commission shall adopt regulations to implement this subparagraph. (d) The commission shall develop and implement standards of program quality and effectiveness that provide for the areas of application listed in clauses (i) to (iii), inclusive, of subparagraph (B) of paragraph (3) of subdivision (b), starting in professional preparation and continuing through induction. (e) A credential that was issued before January 1, 1993, shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission shall not, by regulation, invalidate an otherwise valid credential, unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no more restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service. (f) A credential program that is approved by the commission shall not deny an individual access to that program solely on the grounds that the individual obtained a teaching credential through completion of an internship program when that internship program has been accredited by the commission. (g) Notwithstanding this section, persons who were performing teaching services as of January 1, 1999, pursuant to the language of this section that was in effect before that date, may continue to perform those services without complying with any requirements that may be added by the amendments adding this subdivision. (h) Paragraph (4) of subdivision (b) does not apply to any person who, as of January 1, 1997, holds a multiple or single subject teaching credential, or to any person enrolled in a program of professional preparation for a multiple or single subject teaching credential as of January 1, 1997, who subsequently completes that program. It is the intent of the Legislature that the requirements of paragraph (4) of subdivision (b) apply only to persons who enter a program of professional preparation on or after January 1, 1997. (Amended by Stats. 2026, Ch. 65, Sec. 60. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259.1. Source version: id_b7a2cdde-fed2-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) (1) An integrated program of professional preparation shall enable candidates for teaching credentials to engage in professional preparation, concurrently with subject matter preparation, while completing baccalaureate degrees at regionally accredited institutions of higher education. An integrated program shall provide opportunities for candidates to complete intensive field experiences, including student teaching, in public schools maintaining prekindergarten, kindergarten, or any of grades 1 to 12, inclusive, early in the undergraduate sequence. The development and implementation of an integrated program shall be based on intensive collaboration among subject matter departments and education units within regionally accredited institutions of higher education and local public elementary and secondary school districts. (2) A regionally accredited institution of higher education may offer a four-year or five-year integrated program of professional preparation that allows a student to earn a baccalaureate degree and a preliminary multiple or single subject teaching credential, early childhood specialist credential, or an education specialist instruction credential authorizing the holder to teach special education, including student teaching requirements, concurrently and within four or five years of study. (3) The commission shall encourage regionally accredited institutions of higher education to offer integrated programs of professional preparation that follow the guidelines developed pursuant to this section. In approving integrated programs, the commission shall not compromise or reduce its standards of subject matter preparation pursuant to Article 6 (commencing with Section 44310) or its standards of professional preparation pursuant to paragraph (3) of subdivision (b) of Section 44259. (4) The commission shall, as part of its accreditation process, collect information about integrated programs of professional preparation, including which regionally accredited institutions of higher education offer integrated programs of professional preparation and the number and type of credentials the programs produce. (b) (1) Commencing with the 2005–06 school year, an integrated program offered by the California State University shall be designed to concurrently lead to a preliminary multiple subject or single subject teaching credential, early childhood specialist credential, or an education specialist instruction credential authorizing the holder to teach special education, and a baccalaureate degree. Recommendation for each shall be contingent upon satisfactory completion of the requirements for each. (2) By July 1, 2004, the Chancellor of the California State University, in consultation with California State University faculty members, shall develop a framework defining appropriate balance for an integrated program of general education, subject matter preparation, and professional education courses, for both lower division and upper division students, including an appropriate range of units to be taken in professional education courses. In developing the framework, the Chancellor of the California State University and California State University faculty members shall consult with the Academic Senate for California Community Colleges on matters related to the effective and efficient use of, and appropriate role for, lower division coursework in an integrated program. (c) (1) By January 1, 2005, the Chancellor of the California State University and the Chancellor of the California Community Colleges shall collaboratively ensure that both of the following occur: (A) Lower division coursework completed by a community college student transferring to a California State University integrated program is articulated with the corresponding coursework of the California State University. (B) The articulated community college lower division coursework is accepted as the equivalent to the coursework offered to students who enter that integrated program as freshman students. (2) Commencing with the 2005–06 school year, each campus of the California State University shall invite the community colleges in its region that send significant numbers of transfer students to that campus to enter into articulation agreements. These articulation agreements shall be based on a fully transferable education curriculum that is developed pursuant to the framework developed under paragraph (2) of subdivision (b). Approval of one or more of the articulation agreements shall enable the coursework of a community college student to be accepted as the equivalent to the coursework offered to students who enter that integrated program as freshman students. (d) A postbaccalaureate program of professional preparation may only be offered by a regionally accredited institution of higher education. These programs shall enable candidates for teaching credentials to commence and complete professional preparation after they have completed baccalaureate degrees at regionally accredited institutions of higher education. The development and implementation of a postbaccalaureate program of professional preparation shall be based on intensive collaboration among the regionally accredited institutions of higher education and local public elementary and secondary school districts. (e) (1) (A) The commission shall develop and implement a program to award, on a competitive basis, planning grants of up to two hundred fifty thousand dollars ($250,000) each to regionally accredited institutions of higher education for the development of plans to guide the creation of four-year integrated programs of professional preparation, including student teaching, that lead to more credentialed teachers to teach, with an emphasis on the shortage fields identified in clause (i) of subparagraph (C) of paragraph (2). (B) A regionally accredited institution of higher education awarded a planning grant under this paragraph may use the grant funds to create a new four-year integrated program of professional preparation or to adapt an existing integrated program of professional preparation to a four-year integrated program of professional preparation. (C) A regionally accredited institution of higher education awarded a planning grant under this paragraph may use grant funds for any proper purpose in support of planning for a four-year integrated program of professional preparation, including, but not limited to, any of the following: (i) To provide faculty release time to redesign existing courses. (ii) To provide stipends for program coordinators to assist in collaboration with subject-matter professors and pedagogy professors. (iii) To create summer courses for students in a four-year integrated program of professional preparation. (iv) To recruit individuals for participation as students in four-year integrated programs of professional preparation. (2) (A) The commission shall develop and implement a program to award, on a competitive basis, implementation or expansion grants of up to five hundred thousand dollars ($500,000) each to regionally accredited institutions of higher education for any of the following purposes: (i) Developing a new integrated program of professional preparation as specified in subparagraph (C). (ii) Establishing a new partnership with California community colleges to create four-year integrated programs of professional preparation. (B) The commission shall conduct outreach to eligible institutions to encourage applications to develop programs in the shortage areas identified in clause (i) of subparagraph (C), and support institutions that need assistance in developing programs in these shortage areas that meet the commission’s criteria. (C) The commission shall award one-time grants pursuant to subparagraph (A) for proposals to establish new integrated programs of professional preparation that support either of the following: (i) Producing teachers in the designated shortage fields of special education, bilingual education, science, health, computer science, technology, engineering, mathematics, transitional kindergarten, or kindergarten. (ii) Partnering with a California community college to create a four-year integrated program of professional preparation. (D) A regionally accredited institution of higher education awarded a grant under this paragraph may use the grant funds to create a new four-year integrated program of professional preparation or to adapt an existing integrated program of professional preparation to a four-year integrated program of professional preparation. (E) A regionally accredited institution of higher education awarded a grant under this paragraph may use grant funds for any proper purpose in support of implementation or expansion of a four-year integrated program of professional preparation, including, but not limited to, any of the following: (i) To provide faculty release time to redesign existing courses. (ii) To provide stipends for program coordinators to assist in collaboration with subject-matter professors and pedagogy professors. (iii) To create summer courses for students in a four-year integrated program of professional preparation. (iv) To recruit individuals for participation as students in four-year integrated programs of professional preparation. (F) As a condition of the receipt of an implementation or expansion grant, a regionally accredited institution of higher education shall provide to the commission program and outcome data for at least five years after receiving the grant. The information shall include program design and features, the number of graduates, the number and type of credentials earned, the time taken to earn a degree and credential, and any other information the commission may require for purposes of documenting the effect of the grant and identifying effective practices in program design and implementation. (3) The commission shall require applicants for planning grants under paragraph (1) and for implementation or expansion grants under paragraph (2) to provide assurances of all of the following: (A) A commitment to implement a planned integrated program of professional preparation. (B) A plan for recruitment and retention of candidates for educator shortage areas in subjects identified in clause (i) of subparagraph (C) of paragraph (2) in teacher preparation programs, including integrated programs of professional preparation. (C) Coordination with existing sources of candidate support, such as the Golden State Teacher Grant Program established pursuant to Article 5.1 (commencing with Section 69617) of Chapter 2 of Part 42 of Division 5 of Title 3, and other forms of financial aid. (D) Demonstrated commitment to expand enrollment in, and access to, teacher preparation programs, including enrollment in programs of integrated professional preparation. (4) A regionally accredited institution of higher education that previously received a planning grant or an implementation or expansion grant may apply for a new grant, if the institution reports on the implementation timeline and status of the program established with the grant funding previously received and proposes any of the following: (A) Expansion of integrated program capacity. (B) New integrated programs in other credentialing fields. (C) New California community college partnerships. (5) The commission may use up to two hundred fifty thousand dollars ($250,000) of moneys appropriated for purposes of this subdivision to administer the grants described in paragraphs (1) and (2), pursuant to Department of Finance approval. (6) The commission shall annually report to the appropriate fiscal and policy committees of the Legislature on any grants funded pursuant to this subdivision until funds are fully expended. In addition to the data required to be reported to the commission in subparagraph (F) of paragraph (2), the report shall also include data on the progress of community college partnerships and institutions relative to the assurances made pursuant to paragraph (3). (7) The requirements of this subdivision are contingent upon the appropriation of funds for purposes of this subdivision in the annual Budget Act or another statute. (Amended by Stats. 2022, Ch. 52, Sec. 50. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259.2. Source version: id_8d752a42-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Notwithstanding any other provision of this chapter, including, but not limited to, paragraph (3) of subdivision (b) of Section 44259, the commission shall waive the requirements for completion of a program of professional preparation for any individual with a minimum of six years of full-time teaching experience in a regionally accredited private school, as determined by the commission, in the subject and level of the credential sought, who complies with all of the following: (1) The individual submits evidence of two years of rigorous performance evaluations while teaching in an accredited private school, based on criteria determined by the commission, on which the applicant received ratings of satisfactory or better. (2) The individual meets the California requirements for teacher fitness pursuant to Sections 44339, 44340, and 44341. (3) The individual satisfies the requirement for preparation in the instruction of pupils who are English language learners in accordance with paragraph (4) of subdivision (b) of Section 44259 and subdivisions (a) and (c) of Section 44259.5. (b) Notwithstanding any other provision of this chapter, including, but not limited to, paragraph (3) of subdivision (b) of Section 44259, the commission shall waive the requirements for completion of the professional field experience component of a program of professional preparation for any individual with a minimum of three years of full-time teaching experience in an accredited private school, as determined by the commission, in the subject and level of the credential sought, who complies with all of the following: (1) The individual submits evidence of two years of rigorous performance evaluations while teaching in an accredited private school, based on criteria determined by the commission, on which the applicant received ratings of satisfactory or better. (2) The individual meets the California requirements for teacher fitness pursuant to Sections 44339, 44340, and 44341. (Amended by Stats. 2024, Ch. 471, Sec. 19. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259.3. Source version: id_d4d0782b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The commission shall review the minimum requirements set forth in Section 44259 for the preliminary and professional multiple subject teaching credential and shall recommend their revision as necessary, during the normal revision cycles, to ensure that teachers of the elementary grades receive training related to, and have knowledge of, developmentally appropriate teaching methods for pupils in kindergarten and grades 1 to 3, inclusive, who may be of the same grade level but of vastly different developmental levels. As part of its review, the commission shall ensure that the requirements link academic theory regarding child development to instructional methods designed for use in classrooms of young pupils of varying developmental levels. These instructional methods should be designed to ensure success and progress by all pupils and should especially help teachers ensure that children who enter school less prepared or with fewer skills than their classmates meet the expected performance standards for that grade by the end of the instructional year. At the conclusion of its review, the commission shall report to the Legislature on its recommended revisions, on or before January 1, 2001. (Amended by Stats. 1999, Ch. 83, Sec. 30. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259.4. Source version: id_473627ce-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) (1) There is hereby established the Pathways to Bilingual Teaching Program, to be administered by the commission, for the purpose of increasing the number of California teachers qualified to teach in bilingual settings. (2) The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the commission for allocation pursuant to this section for grant awards to be used through the 2031–32 fiscal year. (b) (1) The commission shall develop and implement a program to award, on a competitive basis, grants of up to six hundred thousand dollars ($600,000), which may be expended over six years, to consortia of local educational agencies to form, pursuant to subdivision (c), consortia with four-year institutions of higher education or consortia with four-year institutions of higher education and community colleges, for the purpose of establishing or expanding existing pathways to bilingual teaching to enable bilingual candidates to earn a multiple subject, single subject, PK-3 early childhood education specialist, or education specialist credential, with a bilingual authorization. (2) The commission shall give priority for grants to consortia of local educational agencies whose applications demonstrate a high need for teachers with a bilingual authorization by meeting one or both of the following: (A) The consortium of local educational agencies includes one or more local educational agencies with a high concentration of pupils who are English language learners. (B) The consortium of local educational agencies includes one or more local educational agencies located in a rural area or a geographic region experiencing an acute systemic shortage of teachers with a bilingual authorization, characterized by a significant gap between available teacher preparation programs and the needs of local pupils who are English language learners. (3) For purposes of this section, “pathway to bilingual teaching” means an articulated, guided sequence of secondary education, postsecondary education, and teacher preparation, including preparation to earn a bilingual authorization, leading to employment as a bilingual teacher. (c) A consortium of local educational agencies receiving a grant pursuant to subdivision (b) shall develop and implement a broader consortium through a partnership with one or more four-year institutions of higher education, or one or more four-year institutions of higher education and one or more community colleges. The broader consortium formed pursuant to this subdivision shall do all of the following: (1) Recruit bilingual candidates by local educational agencies for the pathway to bilingual teaching based on candidates’ interest in teaching, including, but not limited to, current paraprofessionals and classified employees. (2) To the extent feasible, develop pathways to bilingual teaching for high school pupils with experience working in after school programs, participating in a career technical education pathway in education, or participating in future teacher clubs, and for candidates who are likely to meet the eligibility criteria to receive the State Seal of Biliteracy. (3) Partner with at least one of the following: (A) A community college or four-year institution of higher education to use dual enrollment, including early and middle college programs, to enable these candidates to earn part or all of their associate’s degrees or bilingual authorization before graduation. (B) A four-year institution of higher education into which these candidates transfer and in which they earn their baccalaureate degrees and a multiple subject, single subject, PK-3 early childhood education specialist, or education specialist teaching credential, with a bilingual authorization. (4) Enter into an agreement with one or more local educational agencies, including, but not limited to, local educational agencies enrolling candidates in the pathway, to hire qualified graduates of the pathway in bilingual teaching positions. (d) Grants pursuant to subdivision (b) shall fund proposals to establish new or expand existing pathways to bilingual teaching, with the first year of the grant for planning purposes and the subsequent five years of the grant for implementation purposes. These funds may be expended for any proper purpose in support of this section, including, but not limited to, any of the following: (1) To provide teacher, administrator, and faculty release time or stipends to design the pathway and obtain any necessary agreements to implement the pathway. (2) To create or redesign courses for candidates in a pathway to bilingual teaching. (3) To design appropriate recruitment, guidance, and support strategies for candidates participating in the pathway. (e) As a condition of the receipt of a grant, a consortium described in subdivision (c) shall provide to the commission program and outcome information for at least five years after receiving the grant. The information shall include program design and features, the number of candidates enrolled in the program, the number of candidates who have completed the program, the number and type of credentials and bilingual authorizations earned, the time taken to earn a degree and credential, commitments made by local educational agencies with the intent to offer employment of bilingual teaching positions, any other information the commission may require for purposes of documenting the effect of the grant and identifying effective practices in program design and implementation, and, if applicable, home languages spoken by graduates, racial and ethnic backgrounds of graduates, and graduates who are or have ever been English language learners. (f) The commission shall require applicants for grants under this section to provide assurances of all of the following: (1) A commitment to implement a planned pathway to bilingual teaching. (2) A plan for recruitment and retention of candidates for the pathway to bilingual teaching for open positions. (3) Coordination with existing sources of candidate support, such as the Educator Recruitment and Retention Initiative established pursuant to Chapter 13.5 (commencing with Section 44400) and the Golden State Teacher Grant Program established pursuant to Article 5.1 (commencing with Section 69617) of Chapter 2 of Part 42 of Division 5 of Title 3, and other forms of financial aid. (4) Demonstrated commitment to develop or expand enrollment in, and access to, the pathway to bilingual teaching. (5) A plan to sustain the pathway to bilingual teaching after funding provided under this section expires. (g) The commission shall annually report to the appropriate fiscal and policy committees of the Legislature on the progress grant recipients have made in developing and implementing pathways to bilingual teaching, including, when appropriate, the number of teachers who are enrolled in the pathways and the number of teachers who have completed the pathways and are employed in bilingual settings as reported by local educational agencies, until funds are fully expended. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 61. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259.5. Source version: id_d4d0782d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) By July 1, 2002, the commission shall ensure that an accredited program of professional preparation offered pursuant to paragraph (3) of subdivision (b) of Section 44259 satisfies standards established by the commission for the preparation of teachers for all pupils, including English language learners. The standards shall be based upon an independent job analysis of the essential knowledge, skills, and abilities needed by all classroom teachers to develop English language skills while maintaining academic progress across the curriculum and shall take into account existing standards and test specifications for the Crosscultural, Language and Academic Development certificate. The commission shall ensure that the standards established pursuant to this subdivision are aligned with the requirements of subparagraph (A) of paragraph (4) of subdivision (b) of Section 44259 and Section 60200.4. (b) To maintain current statutory options for teachers in completing credential requirements, the commission shall provide candidates, including candidates prepared in other states, with an examination route to fulfilling the requirements pursuant to subdivision (a) for essential preparation to teach English language learners. The commission shall provide for a comprehensive validity study of the examination before implementing this section. (c) Commencing July 1, 2003, the commission may not issue a preliminary teaching credential to an applicant pursuant to subdivision (b) of Section 44259 unless the applicant has satisfied the standards and requirements established pursuant to subdivision (a) or has an authorization to provide services to English language learners issued pursuant to Section 44253, 44253.1, 44253.2, 44253.3, 44253.4, or 44253.10. (d) Commencing July 1, 2003, an approved program of beginning teacher induction offered pursuant to paragraph (2) of subdivision (c) of Section 44259 shall satisfy standards established by the commission and the Superintendent of Public Instruction for beginning teacher induction for teachers for all pupils, including English language learners. The commission and the superintendent shall incorporate in these standards the essential knowledge, skills, and abilities needed for first-year and second-year certificated teachers to apply effective instructional strategies that assist pupils to develop English language proficiency while maintaining academic progress across the curriculum. The standards shall be based upon the independent job analysis of the essential knowledge, skills, and abilities for all classroom teachers conducted pursuant to subdivision (a). (e) Commencing July 1, 2005, the commission may not initially issue a professional clear teaching credential to an applicant pursuant to subdivision (c) of Section 44259 unless the applicant has satisfied the standards and requirements established pursuant to subdivision (d) or has an authorization to provide services to English language learners issued pursuant to Section 44253, 44253.1, 44253.2, 44253.3, 44253.4, or 44253.10. (f) No provision of this section applies to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable. (g) A candidate for a teaching credential pursuant to Section 44259 is entitled to earn and receive the credential by fulfilling the standards and requirements for the credential that were in effect when the candidate entered accredited preparation or approved induction for the credential. (h) By July 1, 2001, the commission shall report to the education policy committees in each house of the Legislature on the new standards it is required to develop pursuant to subdivision (a) and the progress of the implementation of the new standards by accredited programs of professional preparation. (i) By July 1, 2002, the commission shall report to the education policy committees in each house of the Legislature on the outcomes and recommendations for the implementation of the validity study required pursuant to subdivision (b). (Amended by Stats. 2001, Ch. 745, Sec. 18. Effective October 12, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259.6. Source version: id_eae3690b-5915-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. By September 1, 2022, the commission shall ensure that its standards of program quality and effectiveness for the preparation of candidates for the preliminary multiple subject credential, the preliminary single subject English language arts credential, and the preliminary education specialist credential, and the teaching performance expectations for the preliminary multiple subject credential, the preliminary single subject English language arts credential, and the preliminary education specialist credential, include and specify all of the requirements in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259. (Added by Stats. 2021, Ch. 678, Sec. 4. (SB 488) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259.7. Source version: id_f15334fd-5915-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. By September 1, 2024, the commission shall ensure that, in addition to the requirements of Section 44259.6, its standards of program quality and effectiveness for the preparation of candidates for the preliminary multiple subject credential, the preliminary single subject English language arts credential, and the preliminary education specialist credential, and the teaching performance expectations for the preliminary multiple subject credential, the preliminary single subject English language arts credential, and the preliminary education specialist credential, include all of the requirements of paragraph (4) of subdivision (b) of Section 44259, including those added by the act that added this section. (Added by Stats. 2021, Ch. 678, Sec. 5. (SB 488) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44259.8. Source version: id_51ffd800-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) For the 2026–27 fiscal year, the commission shall use the funding appropriated in Item 6100–488 of the Budget Act of 2026 to enter into an agreement with a county office of education, consistent with applicable state procurement and information technology requirements, to collaborate on the design, development, and implementation of a statewide subject matter transcript review service. The selected entity shall deliver the system to the commission by July 1, 2027. The commission shall maintain and operate the service. (b) The commission shall consult with institutions of higher education, including institutions that operate commission-approved teacher preparation programs, local educational agencies, and relevant experts in developing, calibrating, and evaluating the service. (c) The service shall allow commission-approved teacher preparation programs and local educational agencies to submit candidate or employee transcripts and supporting materials to the commission for transcript review, as follows: (1) The commission may identify the supporting materials necessary to complete a transcript review, including course catalog descriptions, syllabi, or other documentation needed to evaluate alignment with commission-adopted subject matter requirements. (2) The commission shall establish a methodology for technology-supported analysis and human review to support consistent application of subject matter requirements. (3) (A) A commission-approved educator preparation program may, before the adoption of the advisory analysis process described in subdivision (e), request an advisory analysis of transcripts and supporting materials. (B) The commission shall, through the service, produce an advisory analysis in response to the request described in subparagraph (A) of the extent to which the submitted transcripts and supporting materials align with subject matter competency requirements. (C) A commission-approved educator preparation program may review, affirm, modify, or rely on the advisory analysis for purposes of making its own determination of subject matter competency consistent with clause (iii) of subparagraph (A) of paragraph (5) of subdivision (b) of Section 44259. (4) (A) A local educational agency may, upon the adoption of the advisory analysis process described in subdivision (e), request an advisory analysis of transcripts and supporting materials. (B) The commission shall, through the service, produce an advisory analysis in response to the request described in subparagraph (A) of the extent to which the submitted transcripts and supporting materials align with subject matter competency requirements. (d) The service shall comply with applicable state and federal privacy laws, security requirements, accessibility standards, and applicable artificial intelligence governance standards. (e) (1) The commission shall, at a public meeting and following an opportunity for public comment, take action to adopt formal processes for producing advisory analyses through the service and making subject matter competency determinations through the service, subject to demonstrated accuracy, consistency, and reliability. (2) The commission may adopt regulations as necessary to implement and administer this section. (f) (1) On or before January 1, 2029, the commission shall report to the Legislature, consistent with Section 9795 of the Government Code, on implementation of the service, including usage and any recommendations for future policy or statutory changes. (2) The requirement for submitting a report imposed pursuant to paragraph (1) is inoperative on January 1, 2033, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2026, Ch. 65, Sec. 62. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260. Source version: id_949c8664-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for the three-year preliminary designated subjects career technical education teaching credential shall be all of the following: (a) Three years or the equivalent of adequate, successful, and recent experience in, or experience and education in, the subject named on the credential. (b) Possession of a high school diploma or the passage of an equivalency examination as designated by the commission. (c) Satisfaction of the requirements for teacher fitness pursuant to Sections 44339, 44340, and 44341. (d) Commencing July 1, 2025, certification in cardiopulmonary resuscitation (CPR) that meets the standards established by the American Heart Association or the American Red Cross. (e) Notwithstanding subdivision (a), the holder of a credential described in this section shall satisfy the minimum experience requirements established by the local educational agency for each course the credentialholder is assigned to teach. (Amended by Stats. 2024, Ch. 65, Sec. 1. (AB 2345) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260.1. Source version: id_0a7b1658-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for the five-year clear designated subjects career technical education teaching credential shall be all of the following: (a) A valid three-year preliminary designated subjects career technical education teaching credential. (b) Two years of successful teaching, or the equivalent, as authorized by the preliminary designated subjects career technical education teaching credential. (c) Completion of a program of personalized preparation as approved by the commission. It is the intent of the Legislature that the program of personalized preparation be consistent with whether the credentialholder performs full- or part-time service. (d) The study of health education, as specified in clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 44259. (e) Completion of two semester units or passage of an examination on the principles and provisions of the United States Constitution, as specified in Section 44335. (f) The study of computer-based technology, including the uses of technology in educational settings. (g) Commencing July 1, 2025, certification in cardiopulmonary resuscitation (CPR) that meets the standards established by the American Heart Association or the American Red Cross unless the applicant has already demonstrated their certification in CPR pursuant to subdivision (d) of Section 44260. (h) Notwithstanding subdivision (b), the holder of a credential described in this section shall satisfy the minimum experience requirements established by the local educational agency for each course the credentialholder is assigned to teach. (Amended by Stats. 2025, Ch. 67, Sec. 49. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260.2. Source version: id_d921f38b-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for the three-year preliminary designated subjects adult education teaching credential shall be all of the following: (a) For nonacademic subjects: (1) Three years of adequate, successful, and recent experience in, or a combination of experience and education in, the nonacademic subject to be named on the credential. (2) Possession of a high school diploma or the passage of an equivalency examination as designated by the commission. (b) For academic subjects, a baccalaureate or higher degree from a regionally accredited institution of higher education that includes a minimum of 20 semester units, or the equivalent quarter units, of coursework in the subject to be named on the credential. (c) Satisfaction of the requirements for teacher fitness pursuant to Sections 44339, 44340, and 44341. (Amended by Stats. 2024, Ch. 38, Sec. 32. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260.3. Source version: id_d3f0ada7-0c94-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for the five-year clear designated subjects adult education teaching credential shall be all of the following: (a) A valid three-year preliminary designated subjects adult education teaching credential. (b) Two years of successful teaching, or the equivalent, as authorized by the preliminary designated subjects adult education teaching credential. (c) A program of personalized preparation as approved by the commission. (d) The study of health education as specified in paragraph (3) of subdivision (b) of Section 44259. (e) Completion of two semester units or passage of an examination on the principles and provisions of the United States Constitution, as specified in Section 44335. (f) The study of computer-based technology, including the uses of technology in educational settings. (Amended by Stats. 2019, Ch. 427, Sec. 7. (AB 525) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260.4. Source version: id_d4d38579-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for the designated subjects special subjects teaching credential shall be appropriate to the special subject named on the credential, in accordance with the requirements established by the commission. Special subjects instruction may include, but shall not be limited to, driver education and training. (Added by Stats. 1982, Ch. 1361, Sec. 7.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260.5. Source version: id_d4d3857b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The commission shall establish minimum requirements for the issuance and renewal of the designated subjects teaching credentials for part-time service. Designated subjects teaching credentials issued for part-time service shall not authorize service for more than one-half of a full-time teaching assignment. (Added by Stats. 1982, Ch. 1361, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260.6. Source version: id_d4d3857d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for the designated subjects supervision and coordination credential shall include all of the following: (a) Possession of a designated subjects teaching credential, other than for part-time service. (b) Three years of full-time teaching experience in the subject named on the designated subjects teaching credential. (c) Completion of a commission-approved personalized preservice program in supervision and coordination. (d) The designated subjects supervision and coordination credential shall authorize the holder to supervise and coordinate designated subjects classes and programs. (Added by Stats. 1982, Ch. 1361, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260.7. Source version: id_d4d3857f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The commission may develop alternative routes to the subject matter coursework requirements for the preliminary designated subjects credential in driver education and training, including approved staff development programs offered by school districts and county offices of education, if the alternative routes meet standards established by the commission. (Added by Stats. 1995, Ch. 447, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44260.9. Source version: id_0c53e751-7be3-11dc-81f0-a8b3f580f5ef Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The commission shall establish a list of authorized subjects for the designated subjects preliminary career technical education teaching credential issued pursuant to Section 44260. The list shall reflect the 15 industry sectors identified in the California career technical education model curriculum standards adopted by the state board. The commission also shall ensure that each designated subjects professional clear credential issued is consistent with the list of authorized subjects used for the preliminary credential. The commission shall implement the authorized subjects list by September 30, 2007. (b) (1) The commission shall convene an advisory committee to review credential requirements for designated subjects career technical education teaching credentials and make recommendations for consolidating requirements for full-time and part-time service. It is the intent of the Legislature that the commission focus on streamlining the credential structure by identifying the essential skills needed for successful career technical instruction. (2) By April 1, 2008, the commission shall make recommendations to the Legislature on the minimum requirements for designated subjects career technical education teaching credentials. (Added by Stats. 2007, Ch. 520, Sec. 3. Effective October 12, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44261. Source version: id_d4d50c23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for the multiple or single subject teaching credential with a designated emphasis shall be as specified in Section 44259. (Repealed and added by Stats. 1992, Ch. 1245, Sec. 6. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44261.2. Source version: id_3f100675-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The Legislature finds and declares the following: (1) The role of parents and guardians in the education of pupils and the development of children and youth is critically important. (2) Active partnerships among parents, guardians, and professional educators are essential features of effective education. (3) (A) Recent and anticipated changes in the conditions of childhood and adolescence, including, but not limited to, the changing family structure and ethnic and cultural diversity, make it more critical than before that partnerships among parents, guardians, and professional educators be effective. (B) It is the intent of the Legislature that prospective teachers and certificated educators acquire needed perspectives to serve as active partners with parents and guardians in the education of pupils. (b) The commission shall adopt standards and requirements pursuant to paragraphs (3) and (4) of subdivision (b) of Section 44259, Section 44265, Sections 44266 to 44270.1, inclusive, and Section 44372 that emphasize the preparation of prospective teachers and other certificated educators to serve as active partners with parents and guardians in the education of pupils. The standards shall address, through appropriate instruction and field experiences, the roles of parents and guardians in the educational process, strategies for involving and working with parents and guardians, and the changing conditions of childhood and adolescence, including, but not limited to, the changing family structure and ethnic and cultural diversity. (c) An institution meets the standards set forth in subdivision (b) with the incorporation of appropriate content within existing professional preparation courses. (d) The implementation of subdivision (b) as it applies to paragraphs (3) and (4) of Section 44259 shall occur in conjunction with the review of requirements for earning and renewing multiple and single subject teaching credentials, as required by subdivisions (a) and (b) of Section 44259.2. (e) The standards and requirements developed pursuant to subdivision (b) and the conditions described in subdivision (d) of this section shall not apply to any person holding a valid credential on December 31, 1993. (f) The commission shall not, by regulation, revoke or restrict in any way a credential that was valid before the effective date of this section unless the commission issues the holder of the credential a valid substitute credential. The authorization of the substitute credential shall not be more restrictive than that of the former credential. The definition of the term “authorization,” in subdivision (a) of Section 44203, applies to this subdivision. (Amended by Stats. 2021, Ch. 663, Sec. 15. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44262. Source version: id_d4d50c27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Upon the recommendation of the governing board of a school district, the commission may issue an eminence credential to any person who has achieved eminence in a field of endeavor taught or service practiced in the public schools of California. This credential shall authorize teaching or the performance of services in the public schools in the subject or subject area or service and at the level or levels approved by the commission as designated on the credential. Each credential so issued shall be issued initially for a two-year period and may be renewed for a three-year period by the commission upon the request of the governing board of the school district. Upon completion of the three-year renewal period, the holder of an eminence credential shall be eligible upon application for a professional clear teaching credential. (Amended by Stats. 1996, Ch. 1067, Sec. 7. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44262.5. Source version: id_30f8a9ff-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Upon recommendation of the tribal government of a federally recognized Indian tribe in California, the commission shall issue an American Indian language-culture credential to a candidate who has met the following requirements: (1) (A) For the American Indian language authorization, demonstrated fluency in that tribe’s language based on an assessment developed and administered by that federally recognized Indian tribe pursuant to subdivision (e). (B) For the American Indian culture authorization, demonstrated knowledge in that tribe’s culture based on an assessment developed and administered by that federally recognized Indian tribe pursuant to subdivision (e). (C) Candidates meeting the requirements of both subparagraphs (A) and (B) shall be granted both the American Indian language and the American Indian culture authorizations. (2) Successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes. (3) Submitted an application, fee, and recommendation for the credential to the commission through the federally recognized Indian tribe. (b) The American Indian language-culture credential shall authorize the holder to teach the American Indian language, or culture, or both, for which the credential was issued in California public schools in preschool, kindergarten, grades 1 to 12, inclusive, and in adult education courses. (c) The holder of an American Indian language-culture credential who does not also have a valid teaching credential issued by the State of California shall not teach in a public school, including a charter school, any subject other than the American Indian language, or culture, or both, for which he or she is credentialed. (d) Each American Indian language-culture credential shall be issued initially for a two-year period and may be renewed for a three-year period upon recommendation of the tribal government. Upon completion of the three-year period, the holder of an American Indian language-culture credential shall be eligible for a clear teaching credential for that language upon application and the recommendation of the tribal government, in consultation with the applicant’s public school employer. (e) (1) Each federally recognized American Indian tribe is encouraged to develop a written and oral assessment that should be successfully completed before an applicant is recommended for an American Indian language-culture credential. (2) In developing the language assessment, an Indian tribe should determine all of the following: (A) Which dialects of the tribal language will be included in the assessment. (B) Whether the Indian tribe will standardize its writing system. (C) The standard of knowledge and fluency required to qualify for an American Indian language authorization in that tribal language. (D) Standards for effective teaching methods to be evaluated in the classroom. (3) In developing the culture assessment, an Indian tribe should determine all of the following: (A) The candidate’s understanding of the tribe’s culture and its practices, including, but not limited to, ceremonies and traditions, social institutions and relationships, holidays and festivals, health practices and traditions, patterns of work and leisure, and culinary traditions and practices. (B) The standard of knowledge required to qualify for an American Indian culture authorization in that tribal culture. (C) Standards for effective teaching methods to be evaluated in the classroom. (4) The assessment should be administered at an appropriate location that does not create hardship for members of the Indian tribe administering the assessment. (f) Upon agreement by the tribe, a tribe recommending a candidate for an American Indian language-culture credential shall develop and administer a technical assistance program guided by the California Standards for the Teaching Profession. To the extent feasible, the program shall be offered by teachers credentialed in an American Indian language, or culture, or both, who have three or more years of teaching experience. The technical assistance program may consist of direct classroom observation and consultation, assistance in instructional planning and preparation, support in implementation and delivery of classroom instruction, and other assistance intended to enhance the professional performance and development of the teacher of an American Indian language, or culture, or both. (g) Public school personnel responsible for evaluating teachers, in accordance with local governing board policy, shall provide individuals employed to teach on the basis of the American Indian language-culture credential with information on the teaching personnel evaluation process and the California Standards for the Teaching Profession. (h) For a candidate who has already received an American Indian languages credential before the effective date of this section, the tribe that recommended the candidate for the American Indian languages credential shall determine if the candidate may add the American Indian culture authorization to the preexisting languages credential, or if the candidate must reapply for the American Indian culture authorization as a new initial credential pursuant to subdivision (a). (Amended by Stats. 2015, Ch. 64, Sec. 1. (AB 163) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44263. Source version: id_bf929ab7-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. A teacher licensed pursuant to the provisions of this article may be assigned, with his or her consent, to teach a single subject class in which he or she has 18 semester hours of coursework or nine semester hours of upper division or graduate coursework or a multiple subject class if he or she holds at least 60 semester hours equally distributed among the 10 areas of a diversified major set forth in Section 44314. A three-semester-unit variance in any of the required 10 areas may be allowed. The governing board of the school district by resolution shall provide specific authorization for the assignment. The authorization of the governing board shall remain valid for one year and may be renewed annually. (Amended by Stats. 2009, Ch. 53, Sec. 5. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44264. Source version: id_d4d692cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Notwithstanding any other provision of law, a person holding a credential issued under the laws and regulations in effect on or before December 31, 1971, authorizing teaching in grades 7 to 12, inclusive, or grades 7 to 9, inclusive, in the secondary schools may be assigned, with his or her consent, to teach any subject authorized on his or her credential in grades 5 and 6 or grade 5 or grade 6 in a departmentalized program in a school composed of grades 5, 6, 7, and 8 or grades 6, 7, and 8. Notwithstanding any other provision of law, a person holding a credential issued under the laws and regulations in effect on or before December 31, 1971, authorizing administration in grades 7 to 12, inclusive, in the secondary schools may be assigned, with his or her consent, to provide administration for grades 5 and 6 or grade 6, in a school composed of grades 5, 6, 7, and 8 or grades 6, 7, and 8. (Amended by Stats. 1986, Ch. 171, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44265. Source version: id_444ecc77-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Credentials for teaching specialties, including, but not limited to, bilingual education, early childhood education, and special education, shall be based upon a baccalaureate degree from a regionally accredited institution of higher education, completion of a program of professional preparation, and any other standards which the commission may establish. (b) In adopting the necessary rules and regulations establishing the requirements for the preparation of special education specialties, the commission shall ensure that teachers have sufficient knowledge of subject matter that is the core of the California public school curriculum and experience with nonspecial education pupils to the extent deemed appropriate by the commission. (c) All administrative regulations governing special education specialists credentials that were in effect on December 31, 1989, shall continue to be operative until the commission amends or repeals those regulations to implement this section. (Amended by Stats. 2021, Ch. 663, Sec. 16. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44265.1. Source version: id_15d58022-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) No later than January 1, 2028, the commission shall ensure that its standards of program quality and effectiveness for the preparation of candidates for the reading and literacy leadership specialist credential and the reading and literacy added authorization, and the teaching performance expectations for the preparation of candidates for the reading and literacy leadership specialist credential and the reading and literacy added authorization include preparation on how to deliver instruction and support teachers to deliver instruction through effective means for teaching literacy, aligned to all of the following: (1) The English Language Arts/English Language Development (ELA/ELD) Framework, including instruction to meet the varied language development needs of English learners. (2) Evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency to all pupils, and attending to oral and written language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs. (3) The program guidelines for dyslexia developed pursuant to Section 56335. (b) It is the intent of the Legislature that candidates for the reading and literacy leadership specialist credential and the reading and literacy added authorization are prepared to deliver instruction and support teachers to deliver instruction through effective means for teaching literacy in programs in which English learner pupils are being instructed in their primary languages. (Added by Stats. 2025, Ch. 471, Sec. 1. (AB 1454) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44265.2. Source version: id_7fa7ea7c-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) A program sponsor may offer comparability and equivalency to a special education credentialholder seeking to add a special education authorization to his or her credential. The following are guidelines for offering comparability and equivalency, subject to criteria and guidelines issued by the commission: (1) Decisions regarding comparability are at the discretion of the program sponsor. (2) A program sponsor has a broad range of possible data that may be considered as evidence for comparability. (3) For a candidate simultaneously pursuing a degree in addition to earning a credential, a program sponsor may use its own institutional process and procedure for course credit evaluations. (b) Evidence used to verify competency may include the following, subject to criteria and guidelines issued by the commission: (1) Examination results. (2) A portfolio. (3) A performance narrative. (4) Field experience. (5) Video. (6) Transcripts. (7) Prior learning assessment. (8) A review board process. (c) A program sponsor may use the following to evaluate evidence for comparability presented by a candidate, subject to criteria and guidelines issued by the commission: (1) Whether the information is based on current, adopted California credential standards, as appropriate to the authorization sought. (2) Whether a written agreement between the candidate and program sponsor is evidence based, as appropriate to the authorization sought. (3) Whether the information is aligned with the California Standards for the Teaching Profession. (d) Flexible enrollment may be considered for a candidate who needs minimal work to complete a credential program. A program sponsor may explore alternatives for candidate enrollment in the program, including, but not limited to, visitor status, concurrent enrollment, open university, county or district programs, university extension programs, and professional development activities. (e) A program sponsor may take advantage of frequent collaborations to formalize a written agreement concerning comparability of coursework or fieldwork. The agreement may be created to meet the needs of the individual program or the individual candidate. (f) A candidate may be granted recognition and credit for his or her life and learning experience through a prior learning assessment in which the candidate has the opportunity to demonstrate how his or her experience and learning are comparable to the commission program standard. (g) For purposes of this section, the following definitions apply: (1) “Equivalency” means the determination, through an evaluation process, that a set of knowledge, skills, and abilities required by a commission program standard has been met through coursework, fieldwork, or prior learning experience. (2) “Comparability” means the determination that a candidate has demonstrated the essence of a set of knowledge, skills, and abilities required by a commission program standard through another route. (3) “Prior learning assessment” means a process through which a person develops a portfolio of life experiences, training, or preparation experience that establishes the basis for meeting the commission program standard. (4) “Program sponsor” means a university-based or local educational agency-based program approved by the commission. (Added by Stats. 2013, Ch. 717, Sec. 1. (SB 368) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44265.3. Source version: id_7edd48ef-7138-11db-8acf-a65dad4a5433 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Commencing January 1, 2007, the Commission on Teacher Credentialing shall issue the following credentials: (1) A preliminary credential in speech-language pathology, to an individual who has been recommended by a commission-accredited program sponsor and who holds or has been recommended for a master’s degree in speech-language pathology from a program accredited by the American Speech-Language-Hearing Association’s Council on Academic Accreditation. The preliminary credential shall be valid for a period of two years. (2) A professional clear credential in speech-language pathology to an individual who satisfies all of the following criteria: (A) The individual holds a master’s degree in speech-language pathology from a program accredited by the American Speech-Language-Hearing Association’s Council on Academic Accreditation, or an equivalent degree or academic program, as determined by the American Speech-Language-Hearing Association. (B) The individual has achieved a passing score, as determined by the American Speech-Language-Hearing Association’s certification requirements on the Educational Testing Service’s national teachers’ Praxis series written test in speech-language pathology or a successor exam. (C) The individual has completed a mentored practical experience period, in the form of a 36-week, full-time mentored clinical experience, or an equivalent supervised practicum, as deemed by the commission. (D) The individual satisfies other typical commission credentialing processing requirements, including, but not limited to, forms, fees, and fingerprint clearances. (b) It is the intent of the Legislature in enacting this section to align the state credentialing requirements for personnel standards for California speech-language pathologists with standards for Medi-Cal local educational agency reimbursement, in order to ensure continued funding for the Local Education Agency (LEA) Medi-Cal Billing Option Program. (c) A credential issued by the Commission on Teacher Credentialing on or before January 1, 2007, authorizing speech, language, and hearing services, shall continue to be valid, subject to commission renewal requirements. (d) Upon renewal of a credential initially issued on or before January 1, 2007, the credentialholder shall have the option of renewing the credential under the standards applicable prior to January 1, 2007, or to update the credential to satisfy the requirements of subdivision (a). At any time after January 1, 2007, the credentialholder may update his or her credential, upon submission of an application and fee, and verification of requirements met in accordance with subdivision (a). (e) To the extent allowable, as determined by the federal government, services provided by an individual with a credential for speech-language pathology, as specified in this section, shall be billable through the LEA Medi-Cal Billing Option Program. (Added by Stats. 2006, Ch. 581, Sec. 1. Effective September 28, 2006. Operative, by Sec. 3 of Ch. 581, on date the Attorney General issues an opinion of a specified nature.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44265.5. Source version: id_d4d692cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Pupils who are visually impaired shall be taught by teachers whose professional preparation and credential authorization are specific to that impairment. (b) Pupils who are deaf or hard of hearing shall be taught by teachers whose professional preparation and credential authorization are specific to that impairment. (c) Pupils who are orthopedically impaired shall be taught by teachers whose professional preparation and credential authorization are specific to that impairment. (Amended by Stats. 1994, Ch. 1288, Sec. 3. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44265.6. Source version: id_39314372-e417-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Upon the request of an employing school district, county office of education, or state special school, the Commission on Teacher Credentialing shall determine specific requirements for and issue a one-year specialist instruction emergency permit, solely for the purpose of instructing deaf or hard-of-hearing pupils, to a prelingually deaf candidate upon medical or other appropriate professional verifications. (b) The applicant is exempted from the requirements in Section 44252 and subdivision (b) of Section 44830. (c) “Prelingually deaf” means, for purposes of this section, having suffered a hearing loss before three years of age that prevents the processing of linguistic information through hearing, with or without amplification. (d) The emergency specialist instruction permit issued under this section authorizes the holder to teach deaf and hard-of-hearing pupils who are enrolled in state special schools or in special classes for pupils who are deaf or hard of hearing. (e) A one-year specialist instruction emergency permit issued pursuant to subdivision (a) may be reissued at the request of the employing school district, county office of education, or state special school in accordance with criteria determined by the Commission on Teacher Credentialing. (Amended by Stats. 2017, Ch. 561, Sec. 34. (AB 1516) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44265.8. Source version: id_74494360-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Upon the recommendation of a preliminary credential preparation program sponsor approved by the Commission on Teacher Credentialing, the commission shall issue a two-year nonrenewable preliminary teaching credential or preliminary services credential to a candidate who is prelingually deaf and meets all of the requirements in law for the full, pertinent five-year teaching or services credential pursuant to paragraph (2) of subdivision (a) of Section 44251, except that the candidate is exempt from compliance with the state basic skills proficiency testing requirements in Section 44252 and subdivision (b) of Section 44830. (b) A credential issued under this section authorizes the holder to teach or provide services, as authorized by the credential, only to deaf and hard-of-hearing pupils who are enrolled in state special schools or in special classes for pupils who are deaf or hard of hearing. (c) For purposes of this section “prelingually deaf” means a person who suffered hearing loss before three years of age, which prevents the processing of linguistic information through hearing, with or without amplification, if the condition is verified through medical or other appropriate professional means. (Amended by Stats. 2016, Ch. 94, Sec. 5. (AB 1709) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44265.9. Source version: id_81be1662-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The Commission on Teacher Credentialing shall develop criteria to verify the proficiency of a holder of a credential issued under Section 44265.8 in performing the essential functions of his or her position. (b) The school district, county office of education, or state special school that employs a holder of a credential issued under Section 42265.8 shall appoint a three-person panel to verify proficiency using the criteria the commission develops for this purpose. The panel shall report its findings to the employing school district, county office of education, or state special school, which may adopt those findings. (c) The panel appointed pursuant to subdivision (b) shall consist of the following: (1) A school administrator who is selected by school administrators of the employing school district, county office of education, or state special school. (2) An individual who is the parent of a deaf or hard-of-hearing pupil and who is selected by a school-related parent group. (3) A teacher or school services provider who holds a credential to teach or service deaf or hard-of-hearing pupils and who is selected by teachers at the employing school. (d) The employing school district, county office of education, or state special school shall ensure that the panel completes the verification of proficiency within two years after the issuance of the credential issued under Section 44265.8. (e) Upon verification of proficiency, as documented by the employing school district, county office of education, or state special school, the commission shall issue a credential for the remainder of the preliminary period pursuant to paragraph (2) of subdivision (a) of Section 44251 that is limited to providing the instruction authorized by the credential to deaf and hard-of-hearing pupils enrolled in state special schools or in special classes, or a services credential for the remainder of the preliminary period that is limited to the provision of services authorized by the credential for deaf and hard-of-hearing pupils enrolled in state special schools or in special classes. (f) Upon meeting the requirements for a professional clear teaching or services credential, the applicant may apply through their commission-approved professional clear program sponsor for a professional clear credential that is limited to providing the instruction or service authorized by the credential to deaf and hard-of-hearing pupils enrolled in state special schools or in special classes. (Amended by Stats. 2016, Ch. 94, Sec. 6. (AB 1709) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44266. Source version: id_11efa81a-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The minimum requirements for the services credential with a specialization in pupil personnel services are a baccalaureate degree or higher degree from a regionally accredited institution of higher education, a fifth year of study, and any specialized and professional preparation that the commission shall require, including (1) completion of a commission-approved program of supervised field experience that includes direct classroom contact, jointly sponsored by a school district and a college or university or (2) a program of professional preparation pursuant to subdivision (d). (b) The services credential with a specialization in pupil personnel services shall authorize the holder to perform, at all grade levels, the pupil personnel service approved by the commission as designated on the credential, which may include, but need not be limited to, school counseling, school psychology, child welfare and attendance services, and school social work. (c) The commission shall continue to issue credentials with a specialization in pupil personnel services under the law as it read on December 31, 1986, for a time period of two years from the effective date of regulations adopted for the issuance of certificates under the new program required by this section, to any candidate in the process of obtaining a services credential with a specialization in pupil personnel services through a previously approved program of study. (d) (1) For a services credential with a specialization in pupil personnel services, the commission may approve a program of professional preparation offered by a local educational agency if the program of professional preparation meets standards of program quality and effectiveness that have been adopted by the commission. (2) For a services credential with a specialization in pupil personnel services in any area other than the area of child welfare and attendance, a program of professional preparation approved pursuant to paragraph (1) shall be in partnership with a regionally accredited institution of higher education. (Amended by Stats. 2025, Ch. 375, Sec. 2. (AB 606) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44266.5. Source version: id_1e5678d4-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) (1) Notwithstanding any provision of this chapter, the commission shall issue a preliminary professional services credential with a specialization in pupil personnel services to an out-of-state prepared applicant who meets all of the following requirements: (A) Possesses a baccalaureate degree from a regionally accredited institution of higher education. (B) Has earned a valid corresponding pupil personnel services credential specialization in school counseling, school social work, or school psychology, based upon an out-of-state preparation program. (C) Has successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes. (2) A preliminary professional services credential with a specialization in pupil personnel services issued pursuant to paragraph (1) shall be (A) valid for a period of two years and (B) eligible for renewal for a period of no more than two years so long as the credentialholder demonstrates satisfactory progress, as determined by the local educational agency that employs the credentialholder pursuant to the local educational agency’s established criteria. (b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2025, Ch. 375, Sec. 3. (AB 606) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44267. Source version: id_d4d81979-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for a services credential with a specialization in health are: (a) Five years, or its equivalent, of college or university education, or five years of professional preparation approved by the commission. (b) Possession of a valid license, certificate, or registration, appropriate to the health service to be designated, issued by the California agency authorized by law to license, certificate, or register persons to practice that health service in California. (c) Such additional requirements as may be prescribed by the commission. The services credential with a specialization in health shall authorize the holder to perform, at all grade levels, the health service approved by the commission as designated on the credential. Services as an audiometrist, occupational therapist, or physical therapist are not deemed health services within the meaning of this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44267.5. Source version: id_4ec52c8b-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The minimum requirements for a services credential with a specialization in health for a school nurse are all of the following: (1) A baccalaureate or higher degree from a regionally accredited institution of higher education. (2) A valid California license as a registered nurse. (3) One year of coursework beyond the baccalaureate degree in a program approved by the commission. (b) The period for which a services credential with a specialization in health for a school nurse is valid shall be as follows: (1) For a preliminary credential, pending completion of the one year of coursework beyond the baccalaureate degree in a program approved by the commission, five years. (2) For the professional credential, after completion of requirements specified by the commission, five years. (c) The services credential with a specialization in health for a school nurse shall authorize the holder to perform, in grades 12 and below, the health services approved by the commission and designated on the credential. (d) The holder of a services credential with a specialization in health for a school nurse who also completes the requirements for a special class authorization in health in a program that is approved by the commission is authorized to teach classes on health in preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults. (e) For the purposes of the requirement in paragraph (3) of subdivision (a), the commission may approve a program offered by a local educational agency, which had 40,000 or more pupils enrolled during the 2019–20 school year, for one year of coursework beyond the baccalaureate degree. The commission shall apply the standards for approval of a program of professional preparation offered by a postsecondary educational institution to a program of professional preparation offered by a local educational agency. (Amended by Stats. 2021, Ch. 668, Sec. 1. (AB 815) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44268. Source version: id_d4d8197d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The minimum requirements for a services credential in a specialization in clinical or rehabilitative services are: (a) A baccalaureate degree or higher degree from an institution approved by the commission. (b) A fifth year, or its equivalent, of college or university education. (c) Such specialized and professional preparation as the commission may require. The services credential with a specialization in clinical or rehabilitative services shall authorize the holder to perform, at all grade levels, the service approved by the commission as designated on the credential. Clinical or rehabilitative services which may be designated by the commission include, but need not be limited to, speech, language, and hearing services. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44269. Source version: id_c0da4238-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The commission may issue a services credential authorizing service as a library media teacher upon completion of specialized preparation as required by the commission. The standards for these credentials are a baccalaureate degree or higher degree from an institution approved by the commission, a valid teaching credential, and specialized and professional preparation as the commission may require. Whenever the term “librarian” or “library media teacher” is used in this article, it shall be deemed to refer to “teacher librarian.” (Amended by Stats. 2007, Ch. 730, Sec. 16. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44270. Source version: id_1987794c-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The minimum requirements for the preliminary services credential with a specialization in administrative services are all of the following: (1) Possession of one of the following: (A) A valid teaching credential requiring the possession of a baccalaureate degree and a professional preparation program including student teaching. (B) A valid designated subjects career technical education, adult education, or special subjects teaching credential, as specified in Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided the candidate also possesses a baccalaureate degree. (C) A valid services credential with a specialization in pupil personnel, health, or clinical or rehabilitative services, as specified in Section 44266, 44267, 44267.5, or 44268, or a valid services credential authorizing service as a teacher librarian, as specified in Section 44269. (D) (i) A valid license to practice occupational therapy issued by the California Board of Occupational Therapy or a valid license to practice physical therapy issued by the Physical Therapy Board of California. (ii) A preliminary administrative services credential issued to an individual based, in part, on clause (i) shall not authorize the supervision or evaluation of teachers unless the employing local educational agency determines that the individual possesses additional educational or job experience, leadership training, or an advanced degree that qualifies the individual for the responsibilities of a school administrator. (E) A valid credential issued under the laws, rules, and regulations in effect on or before December 31, 1971, which authorizes the same areas as in subparagraphs (B) and (C). (2) (A) Completion of a minimum of five years of one or more of the following: (i) Successful, full-time classroom teaching experience in the public schools, including, but not limited to, service in state- or county-operated schools, or in regionally accredited private schools of equivalent status. (ii) Successful, full-time experience in the fields of pupil personnel, health, clinical or rehabilitative, or librarian services. (iii) Successful, full-time experience as a school-based occupational therapist or physical therapist. (B) A local educational agency may request a waiver of up to two years of the experience required pursuant to subparagraph (A) for a candidate who (i) completes an administrative services program approved by the commission, (ii) holds an appropriate clear or life prerequisite credential or license, and (iii) has been offered employment in an administrative position by the local educational agency. (3) Completion of one of the following: (A) An entry-level program of specialized and professional preparation in administrative services approved by the commission. (B) (i) A one-year internship in a program of supervised training in administrative services that is provided by a school district, county office of education, or regionally accredited institution of higher education and that is approved by the commission as satisfying the requirements for the preliminary services credential with a specialization in administrative services. (ii) The commission shall examine its preservice, professional development, and supervision requirements for the internship programs identified in clause (i) when the commission next considers administrative services credential pathways. (4) Current employment in an administrative position after completion of professional preparation as defined in paragraph (3), whether full or part time, in a public school or regionally accredited private school of equivalent status. The commission shall encourage school districts to consider the recency of preparation or professional growth in school administration as one of the criteria for employment. (b) The preliminary administrative services credential shall be valid for a period of five years from the date of initial employment in an administrative position, whether full or part time, and shall not be renewable. (c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2025, Ch. 629, Sec. 1.5. (AB 1009) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44270.1. Source version: id_70f9b776-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The minimum requirements for the professional services credential with a specialization in administrative services are all of the following: (1) Possession of a valid preliminary administrative services credential, as specified in Section 44270. (2) A minimum of two years of successful experience in a full-time administrative position in a public school or private school of equivalent status, while holding the preliminary administrative services credential, as attested by the employing school district or agency, including, but not limited to, the department, in the case of state school administrators, and county offices of education, in the case of county school administrators. (3) Completion of a commission-approved program of advanced preparation. Each candidate, in consultation with employing school district personnel and university personnel, shall develop an individualized program of professional development activities for this advanced preparation program based upon individual needs. Each individualized program will include university coursework and may include, nonuniversity activities or advanced administrative field experiences. The commission shall adopt standards and criteria for the university programs of advanced preparation and nonuniversity activities. (b) The commission may, at the request of a credential candidate, grant a waiver, pursuant to subdivision (m) of Section 44225, of the requirement of university coursework upon its finding that the candidate, in consultation with personnel of the employing school district and personnel of the university, is not able to develop an individualized program of professional development for the advanced preparation program that meets the individual needs of the candidates. (Amended by Stats. 2006, Ch. 517, Sec. 11. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44270.2. Source version: id_d4db26c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The services credential with a specialization in administrative services shall authorize the holder to perform administrative services at all grade levels. Any person who administers a pupil personnel program shall hold a services credential with a pupil personnel or administrative specialization. (Amended by Stats. 1993, Ch. 378, Sec. 4. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44270.3. Source version: id_e2290c2d-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Notwithstanding any provision of this chapter, the commission shall issue a preliminary services credential with a specialization in administrative services to an out-of-state trained administrator who meets all of the following requirements: (a) Possesses a baccalaureate degree from a regionally accredited institution of higher education. (b) Completed a teacher preparation program at a regionally accredited institution of higher education, was issued an elementary, secondary, or special education teaching credential based upon that program, and served on that credential for at least three years. (c) Completed an administrator preparation program at a regionally accredited institution of higher education and was issued, or qualified for, an administrative services credential based upon that program. (d) Submitted fingerprint cards and met the requirements of California for teacher fitness pursuant to Sections 44339, 44340, and 44341. (Amended by Stats. 2024, Ch. 38, Sec. 33. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44270.4. Source version: id_d4db26cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Notwithstanding any provision of this chapter, the commission shall issue a professional services credential with a specialization in administrative services to an out-of-state trained administrator who meets all of the following requirements: (a) Possesses a baccalaureate degree from a regionally accredited institution of higher education. (b) Successfully passed the basic skills proficiency test administered pursuant to Section 44252.5. (c) Completed a teacher preparation program at a regionally accredited institution of higher education, was issued an elementary, secondary, or special education teaching credential based upon that program, and served on that credential for at least three years. (d) Completed an administrator preparation program at a regionally accredited institution of higher education and was issued an administrative services credential based upon that program. (e) Submitted to the commission a minimum of two rigorous performance evaluations, one in each of the applicant’s two most recent years of service as an administrator, upon which the applicant received ratings of satisfactory or better. (f) Successfully served as a public school administrator for at least three years or successfully completed an individual program of professional development that included intensive mentoring, assistance, and support as certified by the employing school district. (g) Submitted fingerprint cards and met the requirements of California for teacher fitness pursuant to Sections 44339, 44340, and 44341. (Added by Stats. 2000, Ch. 703, Sec. 4. Effective September 27, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44270.5. Source version: id_d4dcad6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Notwithstanding any provision of this chapter and as an expedited alternative to Section 44270, the commission may issue a preliminary services credential with a specialization in administrative services to a candidate who completes the following requirements: (1) Possess a teaching or services credential as specified in paragraph (1) of subdivision (a) of Section 44270. (2) Completes the experience requirement specified in paragraph (2) of subdivision (a) of Section 44270. (3) Successfully passes a test adopted by the commission, upon a finding by the commission that the test is aligned to state administrator preparation standards. (b) Notwithstanding any provision of this chapter and as an alternative to Section 44270.1, the commission may issue a professional clear services credential with a specialization in administrative services to a candidate who holds or is eligible for a preliminary services credential with a specialization in administrative services, and who meets one of the following requirements: (1) Successfully completes a program that is accredited by the commission for the professional clear services credential with a specialization in administrative services and receives a recommendation for the credential from the program. (2) Demonstrates mastery of commission accredited fieldwork performance standards for a professional clear services credential with a specialization in administrative services, and receives a recommendation for the professional clear services credential with a specialization in administrative services from a commission accredited program. The fieldwork performance standards required pursuant to this paragraph shall be as rigorous as all other fieldwork performance standards required by the commission to obtain a professional clear services credential with a specialization in administrative services. (3) Passes a national administrator performance assessment adopted by the commission. (Added by Stats. 2002, Ch. 225, Sec. 2. Effective August 16, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44270.6. Source version: id_26adf086-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) No later than September 1, 2028, the commission shall ensure that the program standards for the professional preparation of candidates for a preliminary services credential with a specialization in administrative services established pursuant to paragraph (3) of subdivision (a) of Section 44270 include preparation on how to support teachers in delivering instruction through effective means for teaching literacy, aligned to all of the following: (1) The English Language Arts/English Language Development (ELA/ELD) Framework, including instruction to meet the varied language development needs of English learners. (2) Evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency to all pupils, and attending to oral and written language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs. (3) The program guidelines for dyslexia developed pursuant to Section 56335. (b) The commission shall confirm that administrative preparation programs implement the standards pursuant to this section. (c) It is the intent of the Legislature that candidates for a preliminary services credential with a specialization in administrative services are prepared to support teachers to deliver instruction through effective means for teaching literacy in programs in which English learner pupils are being instructed in their primary languages. (Added by Stats. 2025, Ch. 471, Sec. 2. (AB 1454) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44271. Source version: id_d4dcad6f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The designated subjects teaching credential with a specialization in vocational trade and technical teaching shall authorize the holder, who also meets the requirements for administrative service, to supervise and administer programs of trade and technical education in school districts or in schools where the curricula are predominately trade, technical, or industrial in nature. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44272. Source version: id_d4dcad71-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. The commission may issue limited services credentials authorizing administrative service in schools which are not part of the public school system but which are administered by other state agencies. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44273. Source version: id_5409e5fd-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Notwithstanding any other provisions of this code, any credential described in Section 44250 shall be issued to an applicant under the following circumstances: (a) The commission has accepted, upon application of an approved institution supported by detailed data and justification, a program developed and offered by that institution as an experimental, exploratory, or pilot program of preparation for such a credential. The commission shall accept only those programs that it finds, by resolution entered in its minutes, to have merit and the potential of improving the quality of service authorized by the credential. (b) The applicant has completed such a program following the date of its acceptance by the commission. (c) The applicant holds upon completion of the credential program a baccalaureate or higher degree from a regionally accredited institution of higher education. (d) The applicant meets all of the requirements of this chapter and the regulations of the commission adopted pursuant thereto, respecting age, character, citizenship, health, identification, oath or affirmation, and study of or examination in the Constitution of the United States. (Amended by Stats. 2021, Ch. 663, Sec. 18. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44274.2. Source version: id_d430a9c6-802c-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Notwithstanding any provision of this chapter, the commission shall issue a five-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a five-year preliminary single subject teaching credential authorizing instruction in departmentalized classes, or a five-year preliminary education specialist credential authorizing instruction of special education pupils to an out-of-state prepared teacher who meets all of the following requirements: (1) Possesses a baccalaureate degree from a regionally accredited institution of higher education. (2) Has completed a teacher preparation program at a regionally accredited institution of higher education or a state-approved teacher preparation program offered by a local educational agency. (3) Meets the subject matter knowledge requirements for the credential. If the subject area listed on the out-of-state credential does not correspond to a California subject area, as specified in Sections 44257 and 44282, the commission may require the applicant to meet California subject matter requirements before issuing a clear credential. (4) Has earned a valid corresponding elementary, secondary, or special education teaching credential based upon the out-of-state teacher preparation program. For the education specialist credential, the commission shall determine the area of concentration based on the special education program completed out of state, or shall allow the candidate to demonstrate the area of concentration based on two years of experience in California, while the candidate holds the preliminary credential. (5) Has successfully completed a criminal background check conducted under Sections 44339, 44340, and 44341 for credentialing purposes. (b) The commission shall issue a clear multiple subject, single subject, or education specialist teaching credential to an applicant who satisfies the requirements of subdivision (a), provides verification of two or more years of teaching experience, including, but not necessarily limited to, two satisfactory performance evaluations, and documents, in a manner prescribed by the commission, that the applicant has met the state requirements for teaching English learners, including, but not necessarily limited to, the requirements in Section 44253.3 or 44259.5. (c) For applicants who do not meet the experience requirement described in subdivision (b), the commission shall issue a clear multiple subject, single subject, or education specialist teaching credential upon verification of the following requirements: (1) The commission has issued to the applicant a preliminary five-year teaching credential pursuant to subdivision (a). However, an out-of-state prepared applicant in both special education and general education, who has earned a clear California education specialist credential, shall be granted a clear multiple subject or clear single subject teaching credential without first holding a preliminary multiple subject or single subject teaching credential, unless the commission determines that the applicant does not meet the other requirements of this subdivision. (2) The applicant has completed a beginning teacher induction program pursuant to paragraph (2) of subdivision (c) of Section 44259. (3) The applicant has met the requirements for teaching English learners, including, but not necessarily limited to, the requirements in Section 44253.3 or 44259.5. (d) If an out-of-state teaching credential authorizes the credentialholder to teach a commonly taught subject, in addition to the authorization described in paragraph (4) of subdivision (a), the commission shall issue the multiple subject or single subject teaching credential along with an authorization to teach that subject consistent with subdivisions (a) and (b) of Section 44256. (Amended by Stats. 2024, Ch. 831, Sec. 3. (AB 2473) Effective September 28, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44274.3. Source version: id_c1d962be-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) Notwithstanding any other provision of this chapter, the commission shall issue a five-year preliminary single subject teaching credential authorizing instruction in departmentalized classes to an individual who satisfies all of the following requirements: (1) Possesses a valid visiting faculty permit issued pursuant to Section 44300.1. (2) Submits evidence of two years of recent satisfactory or better performance evaluations from the district while teaching pursuant to a visiting faculty permit. (3) Satisfies the standards and requirements regarding the instruction of English language learners pursuant to subdivision (c) of Section 44259.5. (4) Satisfies the methodology course requirement in paragraph (5) of subdivision (a) of Section 44300.1. (b) An applicant for a credential pursuant to this section is exempt from the basic skills proficiency requirement in Section 44252. (Added by Stats. 2007, Ch. 723, Sec. 3. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44274.4. Source version: id_0aba8ead-0c95-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Unless the commission determines that substantial evidence exists that the individual is unqualified to teach, upon the recommendation of the governing board of the school district employing the individual, and notwithstanding any other provision of this chapter, the commission shall issue a five-year professional clear single subject teaching credential authorizing instruction in departmentalized classes to an individual who satisfies all of the following requirements: (a) Possesses a valid preliminary single subject teaching credential issued pursuant to Section 44274.3. (b) Submits verification by the employing school district that the individual has completed an individualized professional development plan tailored to the needs of the individual teacher and the district that includes mentoring, support, and assistance provided by a credentialed, experienced teacher who teaches the same subject as the applicant. The individualized professional development plan shall include instruction and information about the appropriate academic content standards and curriculum frameworks to enable candidates to provide standards-based instruction and shall also include instruction on working with special populations. For purposes of satisfying the requirements of this section, an applicant may complete a beginning teacher induction program as described in paragraph (2) of subdivision (c) of Section 44259. (c) Submits verification of experience that addresses clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 44259. (Amended by Stats. 2019, Ch. 427, Sec. 9. (AB 525) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44274.5. Source version: id_d4de341b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Notwithstanding Section 44227, Section 44259, or any other provision of this chapter, an applicant who holds a valid teaching credential from a state other than California, and who has met, at a minimum, every requirement for a California professional multiple or single subject credential except the requirement of completion of a fifth year of study, may request the commission to determine whether the applicant has completed at least equivalent coursework. If the commission determines that the applicant has completed at least equivalent coursework, the commission shall issue the applicant an appropriate credential, if the applicant has submitted a fingerprint card and has met the requirements of California for teacher fitness by obtaining a certificate of clearance or eligibility, a credential, or a permit from the commission. (Added by Stats. 1998, Ch. 547, Sec. 4. Effective September 18, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44275.4. Source version: id_f3fd1aa1-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. Notwithstanding any other law: (a) It is the intent of the Legislature that both of the following occur: (1) That this section provide flexibility to enable school districts to recruit credentialed elementary, secondary, and special education teachers prepared in countries other than the United States to relocate temporarily or permanently to this state. (2) That any and all teachers prepared in countries other than the United States who are granted a California teaching credential pursuant to this section fully meet the requirements of this state. (b) Coursework, programs, or degrees completed at an institution of higher education outside of the United States are acceptable toward certification when the commission or an evaluating agency approved by the commission determines that the institution’s coursework, programs, or degrees are equivalent to those offered by a regionally accredited institution of higher education in the United States. The commission reserves the right to accept or reject an approved evaluating agency’s determination. Notwithstanding any other provision of this chapter, the commission shall issue a five-year preliminary multiple subject teaching credential authorizing instruction in a self-contained classroom, a five-year preliminary single subject teaching credential authorizing instruction in a departmentalized classroom, or a five-year preliminary education specialist credential authorizing instruction of special education pupils to a teacher prepared in a country other than the United States who meets both of the following requirements: (1) The teacher holds or is eligible for a credential from another country that required a baccalaureate or higher degree determined to be equivalent to those offered by a regionally accredited institution of higher education in the United States and completion of a professional preparation program approved by the appropriate agency in the country where the program was completed that requires the teacher to meet requirements equivalent to the multiple or single subject teaching credential requirements in Section 44259 or the special education credential requirements described in Section 44265. The commission shall determine the area of concentration for the California education specialist credential based on the special education program completed out of country. (2) The teacher successfully completes a criminal background check conducted pursuant to Sections 44339, 44340, and 44341 for credentialing purposes. (c) The commission shall issue a clear multiple subject, single subject, or education specialist teaching credential to a teacher prepared in a country other than the United States who has met the requirements in subdivision (b) and who meets the following requirements: (1) Demonstration of subject matter competence pursuant to paragraph (5) of subdivision (b) of Section 44259. (2) Completion of a course, or for multiple subject and education specialist credentials, a course or an examination, on the various methods of teaching reading pursuant to paragraph (4) of subdivision (b) of Section 44259. Completion of coursework in another state or country determined by the commission to be comparable and equivalent shall meet this requirement. (3) Completion of a course or examination on the provisions and principles of the United States Constitution pursuant to paragraph (6) of subdivision (b) of Section 44259. Completion of coursework in another state or country determined by the commission to be comparable and equivalent shall meet this requirement. (4) Completion of the study of health education pursuant to paragraph (3) of subdivision (b) of Section 44259. Completion of coursework in another state or country determined by the commission to be comparable and equivalent shall meet this requirement. (5) With the exception of the education specialist credential, completion of study and field experience in methods of delivering appropriate educational services to pupils with exceptional needs in regular education programs. Completion of coursework in another state or country determined by the commission to be comparable and equivalent shall meet this requirement. (6) Completion of the study of computer-based technology through demonstration by course or examination of basic competence in the use of computers in the classroom, and study of advanced computer-based technology, including the uses of technology in educational settings pursuant to paragraph (3) of subdivision (b) of Section 44259. Completion of coursework in another state or country determined by the commission as comparable and equivalent shall meet this requirement. (7) Completion of a beginning teacher induction program pursuant to paragraph (2) of subdivision (c) of Section 44259. (d) (1) A teacher holding a specialist credential pursuant to this section shall complete the requirements for nonspecial education pedagogy and a supervised field experience program in general education pursuant to Section 44265. (2) A teacher holding a specialist credential pursuant to this section shall complete a program for the Professional Level II credential accredited by the commission. (e) Notwithstanding subdivisions (b) to (d), inclusive, the commission shall issue a multiple subject, single subject, or education specialist teaching credential to a teacher prepared in a country other than the United States who has earned a valid corresponding elementary, secondary, or special education teaching credential in another state and who meets the requirements set forth in Section 44274.2. A corresponding elementary, secondary, or special education teaching credential earned in another state shall be deemed to satisfy the teacher preparation program requirements specified in paragraph (2) of subdivision (a) of Section 44274.2. (Amended by Stats. 2024, Ch. 38, Sec. 35. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44275.5. Source version: id_5e86d5c1-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) In addition to the authority granted to the commission under Section 44275.4, the commission may determine that the national standards for coursework, programs, or degrees in a country other than the United States are equivalent to those offered by a regionally accredited institution of higher education in the United States. If the commission determines that the other country’s national standards are equivalent, an individual who holds or is eligible for a credential in that country is presumed to have satisfied the requirements of paragraph (1) of subdivision (b) of Section 44275.4. (b) The commission may enter into an agreement with an evaluating agency as necessary to make a determination regarding another country’s national standards. (c) The commission shall adopt regulations necessary to implement this section, including regulations that do both of the following: (1) Establish uniform standards for making a determination regarding another country’s national standards. (2) Prescribe the procedure by which a determination regarding another country’s national standards shall occur. (d) (1) The commission shall annually report to the Legislature the list of countries that qualify under this section, the number of credential applications from foreign countries that are approved, and the country of origin of those credential applications. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 663, Sec. 20. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44275.6. Source version: id_642b1453-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) A school district, county office of education, and charter school shall annually report to the department, in a manner prescribed by the department, the number of visa applications for persons excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to Section 1101(a)(15)(H)(i)(b) of Title 8 of the United States Code that the school district, county office of education, or charter school applies for on behalf of potential employees, and the number of those visa applications that are granted. (b) (1) The department shall annually report the information provided pursuant to subdivision (a) to the Legislature. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 296, Sec. 16. (AB 1096) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44276. Source version: id_d4dfbac3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The Legislature hereby finds and declares that California’s public school pupils need quality instruction and support in the areas of computer education in order to develop the skills necessary for entry into an increasingly technological society. The Legislature recognizes that computers and other technologies are an integral part of contemporary society and the state educational system. It is the intent of the Legislature in enacting this section to provide a statewide standard for the preparation of educational personnel in the areas of computer education. (b) For purposes of this section, “computer education” means the process of teaching pupils about computers. (c) The Commission on Teacher Credentialing, in consultation with the Superintendent of Public Instruction, may develop and disseminate voluntary standards for the training and performance of teachers and resource personnel in the area of computer education. (Amended by Stats. 1994, Ch. 922, Sec. 81. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44276.1. Source version: id_d4e14165-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The Legislature finds and declares all of the following: (1) The educational mission of schools may be thwarted when school campuses are not safe, secure, and peaceful. (2) Effective school management can improve school safety and decrease violence and criminal behavior. (3) In many school districts and neighborhoods, violence and criminal behavior are increasingly frequent. (4) Teachers and other educators who are well prepared in principles of school safety may be able to mitigate, to some degree, the detrimental behavior of pupils and others on school campuses. (b) Therefore, it is the intent of the Legislature that a comprehensive school safety plan be established pursuant to Section 35294.1 in order to achieve safe, secure, and peaceful school campuses. It is the further intent of the Legislature that the Commission on Teacher Credentialing adopt standards that address the principles of school safety in the preparation of future classroom teachers, school administrators, school counselors, and other pupil personnel service providers as a condition for licensing these prospective practitioners. (c) Standards adopted by the commission pursuant to paragraph (3) of subdivision (b) of Section 44259, and pursuant to Sections 44266, 44270, 44277, and 44372, shall include the effective preparation of prospective classroom teachers, school administrators, school counselors, and other pupil personnel service providers in principles of school safety. In developing these standards, the commission shall consider, but is not limited to considering, the following principles of school safety: (1) School management skills that emphasize crisis intervention and conflict resolution. (2) Developing and maintaining a positive and safe school climate, including methods to prevent the possession of weapons on school campuses. (3) Developing school safety plans. (4) Developing ways to identify and defuse situations that may lead to conflict or violence. (d) In developing standards relating to school safety, the commission shall consider the findings and recommendations of an advisory panel of experts on school violence. (e) The commission shall allow an institution of postsecondary education to meet the standards developed by the commission relating to school safety by incorporating the principles of school safety in the program required by paragraph (3) of subdivision (b) of Section 44259. (f) Implementation of subdivision (b) of this section as it applies to paragraph (3) of subdivision (b) of Section 44259 shall occur in conjunction with the review of requirements for earning and renewing multiple and single subject teaching credentials, as required by Section 44259.3. (g) Instruction in principles of school safety shall be required of all candidates for credentials specified in Sections 44259, 44266, and 44270. (h) A credential that was issued prior to January 1, 1994, shall remain in force as long as it is valid under the laws and regulations that were in effect on the date it was issued. The commission may not, by regulation, invalidate an otherwise valid credential, unless it issues to the holder of the credential, in substitution, a new credential authorized by another provision in this chapter that is no less restrictive than the credential for which it was substituted with respect to the kind of service authorized and the grades, classes, or types of schools in which it authorizes service. (i) Notwithstanding this section, persons who were performing teaching, administrative, counseling, or other pupil personnel services as of January 1, 1994, pursuant to the language of this chapter that was in effect prior to that date, may continue to perform those services without complying with any requirements added by the amendments adding this section. (j) The commission shall grant credentials based on the requirements for those credentials as of December 31, 1993, to candidates who, prior to the effective date of the commission’s adoption of standards pursuant to this section, were in the process of meeting those credential requirements. (Amended by Stats. 2003, Ch. 423, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44276.6. Source version: id_d4e14167-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. It is the intent of the Legislature that the Commission on Teacher Credentialing not duplicate the efforts of the State Department of Education, Office of Criminal Justice Planning, Department of the Youth Authority, and the School/Law Enforcement Partnership in undertaking leadership activities directed toward establishing appropriate standards of preparation for teachers and other certificated personnel concerning violent behavior by pupils. The commission shall consult with these agencies and consider policies, programs, guidelines, other resource and training materials, and experts, which these agencies have identified, funded, or developed to reduce violent behavior by pupils. (Amended by Stats. 1994, Ch. 922, Sec. 84. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4. Credential Types [44250 - 44277] SECTION 44277. Source version: id_69eaca25-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4. (a) The Legislature recognizes that effective professional growth must continue to occur throughout the careers of all teachers, in order that teachers remain informed of changes in pedagogy, subject matter, and pupil needs. In enacting this section, it is the intent of the Legislature to encourage teachers to engage in an individual program of professional growth that extends their content knowledge and teaching skills and for school districts to establish professional growth programs that give individual teachers a wide range of options to pursue as well as significant roles in determining the course of their professional growth. (b) An individual program of professional growth may consist of activities that are aligned with the California Standards for the Teaching Profession that contribute to competence, performance, or effectiveness in the profession of education and the classroom assignments of the teacher. Acceptable activities may include, among other acceptable activities, the completion of courses offered by regionally accredited institutions of higher education, including instructor-led interactive courses delivered through online technologies; participation in professional conferences, workshops, teacher center programs, staff development programs, or a California Reading Professional Development Institute program operated pursuant to Article 2 (commencing with Section 99220) of Chapter 5 of Part 65 of Division 14 of Title 3; service as a mentor teacher; participation in school curriculum development projects; participation in systematic programs of observation and analysis of teaching; service in a leadership role in a professional organization; and participation in educational research or innovation efforts. Employing agencies and the bargaining agents of employees may negotiate to agree on the terms of programs of professional growth within their jurisdictions, provided that the agreements shall be consistent with this section. (c) An individual program of professional growth may include a basic course in cardiopulmonary resuscitation, which includes training in the subdiaphragmatic abdominal thrust (also known as the “Heimlich maneuver”) and meets or exceeds the standards established by the American Heart Association or the American Red Cross for courses in that subject or minimum standards for training programs established by the Emergency Medical Services Authority. An individual program of professional growth may also include a course in first aid that meets or exceeds the standards established by the American Red Cross for courses in that subject or minimum standards for training programs established by the Emergency Medical Services Authority. (d) (1) If a local educational agency offers a program of professional growth for teachers, administrators, paraprofessional educators, or other classified employees involved in the direct instruction of pupils, the local educational agency shall evaluate professional learning based on all of the following criteria, and the local educational agency is encouraged to choose professional learning that meets any of the following criteria: (A) Helps attract, grow, and retain effective educators. (B) Is a part of every educator’s experience in order to accelerate instructional improvement and support pupil learning. (C) Is based on needs assessment of educators and tied to supporting pupil learning. (D) Emphasizes the importance of meeting the needs of all pupils. (E) Is grounded in a description of effective practice, as articulated in the California Standards for the Teaching Profession. (F) Affords educators opportunities to engage with others to develop their craft, including, but not limited to, opportunities to increase their content knowledge. (G) Ensures educators have adequate time to learn about, practice, reflect, adjust, critique, and share what educators need to ensure that all pupils, especially high-needs pupils, develop knowledge and lifelong learning skills that will help the pupils to be successful. (H) Recognizes and uses expert teaching and leadership skills. (I) Attends to collective growth needs as well as educators’ individual growth needs. (J) Contributes to a positive, collaborative, and supportive adult learning environment. (K) Contributes to cycles of inquiry and improvement. (L) Is not limited to a single instance, but supports educators through multiple iterations or engagements. (M) Is based on a coherent and focused plan. (2) Professional learning activities may also include collaboration time for teachers to develop new instructional lessons, to select or develop common formative assessments, to analyze pupil data, for mentoring projects for new teachers, or for extra support for teachers to improve practice. Appropriate professional learning may be part of a coherent plan that combines school activities within the school, including, but not necessarily limited to, lesson study or coteaching, and external learning opportunities that meet all of the following criteria: (A) Are related to the academic subjects taught. (B) Provide time to meet and work with other teachers. (C) Support instruction and pupil learning to improve instruction in a manner that is consistent with academic content standards. (e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2021, Ch. 663, Sec. 21. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4.5. Marian Bergeson Beginning Teacher Support and Assessment System [44279.1 - 44279.7] SECTION 44279.1. Source version: id_0a22d5af-3182-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4.5. (a) The Legislature finds and declares that the beginning years of the career of a teacher are a critical time in which it is necessary that intensive professional development and assessment occur. The Legislature recognizes that the public invests heavily in the preparation of prospective teachers, and that more than one-half of all new teachers leave some California school districts after one or two years in the classroom. Intensive professional development and assessment are necessary to build on the preparation that precedes initial certification, to transform academic preparation into practical success in the classroom, to retain greater numbers of capable beginning teachers, and to remove novices who show little promise as teachers. It is the intent of the Legislature that the commission and the Superintendent develop and implement policies to govern the support and assessment of beginning teachers, as a condition for the professional certification of those teachers in the future. (b) There is hereby established the California Beginning Teacher Support and Assessment System, to be administered jointly by the commission and the Superintendent. In administering the system, the commission and the Superintendent shall approve the most cost-effective programs of support and assessment. The commission and the Superintendent also shall ensure that programs meet the Standards of Quality and Effectiveness for Beginning Teacher Support and Assessment Programs adopted by the commission and that local programs support beginning teachers in meeting the competencies described in the California Standards for the Teaching Profession adopted by the commission. The system shall do all of the following: (1) Provide an effective transition into the teaching career for first-year and second-year teachers in California. (2) Improve the educational performance of pupils through improved training, information, and assistance for new teachers. (3) Enable beginning teachers to be effective in teaching pupils who are culturally, linguistically, and academically diverse. (4) Ensure the professional success and retention of new teachers. (5) Ensure that a support provider provides intensive individualized support and assistance to each participating beginning teacher. (6) Improve the rigor and consistency of individual teacher performance assessments and the usefulness of assessment results to teachers and decisionmakers. (7) Establish an effective, coherent system of performance assessments that are based on the California Standards for the Teaching Profession adopted by the commission. (8) Examine alternative ways in which the general public and the educational profession may be assured that new teachers who remain in teaching have attained acceptable levels of professional competence. (9) Ensure that an individual induction plan is in place for each participating beginning teacher and is based on an ongoing assessment of the development of the beginning teacher. (10) Ensure continuous program improvement through ongoing research, development, and evaluation. (c) Participation in the system shall be voluntary for teachers, school districts, and county offices of education and participation by certificated employees shall not be made a condition of employment. The commission and the Superintendent shall adopt and implement criteria and standards for participation in the system, including criteria regarding the eligibility of teachers and standards of local program quality and intensity for schools, school districts, county offices of education, colleges, universities, and other educational and professional organizations. The criteria and standards shall be consistent with the purposes of the system. (d) (1) For purposes of this article, unless the context otherwise requires, “beginning teacher” means a teacher with a valid California credential, as defined in Section 44259. (2) For purposes of this article, “beginning teacher” does not include a teacher with a life or a clear teaching credential who returns to serve in a certificated teaching position. (e) Subject to verification and approval by an induction program director, a beginning teacher shall not be required to demonstrate that an induction standard has been met, or complete an element of an approved induction program designed to assist a candidate in mastering a given standard, if the candidate previously met the induction standard while participating in a commission-approved preparation program. (f) The Superintendent and the commission shall disseminate the California Standards for the Teaching Profession adopted by the commission to colleges, universities, school districts, county offices of education, and professional associations, who shall be encouraged to use the standards in efforts to improve teacher preparation and support programs. Performance assessments developed under this article shall be designed to provide useful, helpful feedback to beginning teachers and their support providers. That information shall not be used for employment-related evaluations, as a condition of employment, or as a basis for terminating employment. (g) It is the intent of the Legislature that the commission and the Superintendent establish a statewide teacher induction program that supports locally designed, high-quality induction programs that provide individualized support and formative assessment for all participating beginning teachers as defined in subdivision (d). At the discretion of the local beginning teacher support and assessment system teacher induction program, funds allocated to a program on the basis of eligible beginning teachers may be used to provide support, assistance, and preparation services to other credential candidates who are in their first or second year of employment as a classroom teacher. (h) This article shall be known, and may be cited, as the Marian Bergeson Beginning Teacher Support and Assessment System. (Amended by Stats. 2011, Ch. 348, Sec. 2. (SB 941) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4.5. Marian Bergeson Beginning Teacher Support and Assessment System [44279.1 - 44279.7] SECTION 44279.2. Source version: id_1e85a551-3182-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4.5. (a) The Superintendent and the commission shall jointly administer the California Beginning Teacher Support and Assessment System pursuant to this chapter. In administering this section, the Superintendent and the commission shall provide or contract for the provision of all of the following: (1) Establishing requirements for reviewing and approving teacher induction programs. (2) Developing and administering a system for ensuring teacher induction program quality and effectiveness. For purposes of this section, “program effectiveness” means producing excellent program outcomes in relation to the purposes defined in subdivision (b) of Section 44279.1. For purposes of this section, “program quality” means excellence with respect to program factors, including, but not limited to, all of the following: (A) Program goals. (B) Design resources. (C) Management, evaluation, and improvement of the program. (D) School context and working conditions. (E) Support and assessment services to each beginning teacher. (3) Developing purposes and functions for reviewing and approving supplemental grants and standards for program clusters and program consultants, as defined pursuant to Section 44279.7. (4) Improving and refining the formative assessment system. (5) Improving and refining professional development materials and strategies for all personnel involved in implementing induction programs. (6) Conducting and tracking research related to beginning teacher induction. (7) Periodically evaluating the validity of the California Standards for the Teaching Profession adopted by the commission and the Standards of Quality and Effectiveness for Beginning Teacher Support and Assessment Program adopted by the commission and making changes to those documents, as necessary. (b) As part of the California Beginning Teacher Support and Assessment System, the commission and the Superintendent shall establish requirements for local teacher induction programs. (c) A school district or consortium of school districts may apply to the Superintendent for funding to establish a local teacher induction program pursuant to this section. From amounts appropriated for purposes of this section, the Superintendent shall allocate three thousand dollars ($3,000) for each beginning teacher participating in the program. That amount shall be adjusted each fiscal year by the inflation factor set forth in Section 42238.1. To be eligible to receive funding, a school district or consortium of school districts shall, at a minimum, meet all of the following requirements: (1) Develop, implement, and evaluate teacher induction programs that meet the Quality and Effectiveness for Beginning Teacher Induction Program Standards adopted by the commission. (2) Support beginning teachers in meeting the competencies described in the California Standards for the Teaching Profession adopted by the commission. (3) Meet criteria for the cost-effective delivery of program services. (4) From amounts received from local, state, or resources available for purposes of teacher induction programs, contribute not less than two thousand dollars ($2,000) for the costs of each beginning teacher served in the induction program. (d) Teachers who have received their preliminary credential in a district intern program pursuant to Article 7.5 (commencing with Section 44325) or an intern program pursuant to Article 3 (commencing with Section 44450) of Chapter 3 and who are participating in an induction program pursuant to this section are not eligible for funding pursuant to Article 11 (commencing with Section 44380) of Chapter 2. (Amended by Stats. 2011, Ch. 348, Sec. 3. (SB 941) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4.5. Marian Bergeson Beginning Teacher Support and Assessment System [44279.1 - 44279.7] SECTION 44279.25. Source version: id_728587a0-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4.5. (a) By December 1, 2007, the Superintendent and the commission shall report to the Legislature and the Governor on the current state of the Beginning Teacher Support and Assessment System. The report shall review the articulation of teacher preparation programs and teacher induction programs to eliminate duplicative requirements and, at a minimum, do all of the following: (1) Recommend revisions to laws, regulations, or policies to eliminate duplicative requirements between teacher preparation and teacher induction programs, with particular attention paid to eliminating duplication between induction requirements and requirements for completion of state-approved alternative certification programs. (2) Recommend revisions to the system to ensure that teacher credential candidates achieve teaching competence and programs use best practices to transition candidates from teacher preparation programs to induction programs. (3) Recommend ways to ensure that beginning teachers receive direct assistance from experienced teachers who are familiar with the grade span, subject matter, and teaching and classroom management techniques appropriate to the teaching assignment of each beginning teacher. (b) By July 1, 2008, the Superintendent and the commission shall review and revise, as necessary, the Standards of Quality and Effectiveness for Professional Teacher Induction Programs of March 2002 to ensure that these standards address the application of knowledge and skills previously acquired in a preliminary credential program and to remove any requirements or activities that require candidates to duplicate the acquisition of knowledge through coursework. This review shall include, but need not be limited to, all of the following: (1) A review of formative assessment systems in use to ensure that the systems are appropriately flexible and may be adapted to reflect progress of individual candidates. (2) A review of professional development provided to induction participants to ensure that it is not duplicative of coursework completed during teacher preparation. (3) A review of new teacher support to ensure that the focus is on application and enhancement of skills and knowledge acquired in a preliminary credential program. (4) Recommendations for program monitoring with respect to this subdivision. (c) In consultation with the Superintendent, the commission shall revise the formative assessment system for beginning teachers, as necessary to ensure that related tasks and activities are aligned to the revised standards. (d) The Superintendent and the commission shall identify effective practices and techniques and provide for the dissemination of these to local induction program providers. (e) Immediately following the adoption of revised standards pursuant to subdivision (b), the commission shall review induction programs to determine whether local teacher induction programs are meeting standards of quality and effectiveness adopted pursuant to subdivision (b) and to assure greater program quality and consistency. The commission shall schedule regular reviews following the initial review of programs pursuant to this subdivision. (f) The Superintendent and the commission shall ensure that teacher credential candidates are notified of the opportunity to choose an early completion option pursuant to Section 44468. (g) It is the intent of the Legislature that funds appropriated in Provision 44 of Item 6110-001-0890 of Section 2.00 of the Budget Act of 2006 (Chapter 47 of the Statutes of 2006) be made available for reviews and preparation of the reports required pursuant to subdivisions (a) and (b), and that the implementation of recommendations proceed immediately following the adoption of those reviews and reports. (Added by Stats. 2006, Ch. 517, Sec. 23. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4.5. Marian Bergeson Beginning Teacher Support and Assessment System [44279.1 - 44279.7] SECTION 44279.3. Source version: id_d4e5fc65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4.5. (a) It is the intent of the Legislature that the executive secretary of the commission and the Superintendent of Public Instruction shall recommend to the commission standards of beginning teachers’ support and performance, and an assessment process for verifying attainment of the performance standards, which shall be based on the results of the evaluation study required by Section 44279.2, as that section read on December 31, 1992. (b) It is the intent of the Legislature that the commission shall adopt and promulgate standards and requirements for earning the professional teaching credential pursuant to paragraph (2) of subdivision (a) of Section 44225 in accordance with Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. The proposed regulations shall be developed jointly with the Superintendent of Public Instruction, and shall be drafted in consultation with the panel established pursuant to subdivision (b) of Section 44259.2. It is the intent of the Legislature that the requirements of paragraph (2) of subdivision (a) of Section 44225 be operative within six months of the commission’s adoption of standards and requirements for earning the professional credential. First priority shall be given to cost-effective requirements that maximize the use of existing state and local resources. The commission shall consider the use of credential fees and assessment fees to support the cost of implementing the requirements. In adopting professional teacher certification requirements pursuant to this subdivision, the commission shall include the criteria specified in subdivision (d) of Section 44225, and, in addition, shall include the following: (1) A rigorous program of candidate-centered assessment that relies upon individually evaluating the fitness of each individual candidate for a credential. (2) Rigorous assessments of each teaching candidate’s general knowledge and subject matter knowledge, that are designed to verify reading skills, writing ability, mathematical reasoning, and other elements of a liberal arts education. (3) Assessments of each teaching candidate’s instructional skills and classroom management skills, including an assessment of each teaching candidate’s ability to work effectively with students of both sexes and from a variety of ethnic, socioeconomic, cultural, academic, and linguistic backgrounds. (4) Alternatives for professionally supervising, supporting, and assisting beginning teachers for at least the critical first full teaching year. (5) Deregulation of the academic training of teachers by shifting the emphasis from granting credentials on the basis of program approval to granting credentials on the basis of comprehensive assessments of individual candidates. (c) If the professional teacher certification requirements adopted by the commission include passage of a standardized examination, the commission shall establish a procedure for approval by the commission of alternative examinations or assessments whose scope, contents, and level of difficulty are determined by the commission to be equivalent to the scope, contents, and level of difficulty of the standardized examination. In making these determinations, the commission may refer to and utilize, to the extent consistent with this section, accepted national and professional standards governing the use of tests and assessments, and governing the determination of equivalence between alternative tests and assessments. The commission shall recover the costs of administering any standard examination that the commission adopts by collecting examination fees from examinees. An agency or organization that recommends an alternative examination that is approved by the commission shall pay the costs of developing and administering the alternative examination from any available source of funds, including examination fees, existing budget allocations, and amended budget allocations. (d) It is the intent of the Legislature that no detailed prescriptive checklists of competencies be adopted at the state level for the assessment of each beginning teacher’s classroom performance. (e) Until the operative date of the regulations that are adopted and promulgated in accordance with subdivision (b), the commission shall continue to administer teacher certification requirements and regulations that were in effect on December 31, 1988. The commission may amend those requirements and regulations, as the need arises. (Amended by Stats. 1992, Ch. 1245, Sec. 10. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4.5. Marian Bergeson Beginning Teacher Support and Assessment System [44279.1 - 44279.7] SECTION 44279.4. Source version: id_337301b3-3182-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4.5. (a) (1) It is the intent of the Legislature that one full year, or the equivalent thereof, of paid, classroom teaching experience and beginning teacher support and assessment shall be a prerequisite to obtaining a professional credential to teach in the California public schools. (2) Any credential candidate who is eligible for a preliminary credential shall be eligible for a classroom teaching position with beginning teacher support and assessment. The requirements of this article may be waived by the commission for individuals who are pursuing alternative entry programs established pursuant to subdivision (g) of Section 44225 and subparagraph (B) of paragraph (3) of subdivision (c) of Section 44259. (b) It is the intent of the Legislature that support and assessment of beginning teachers shall be governed by standards adopted by the commission in consultation with the Superintendent and the state board. (c) A beginning teacher who has been issued a preliminary teaching credential and a preliminary specialty credential pursuant to paragraph (3) of subdivision (b) of Section 44225 shall be eligible for one year of beginning teacher support and assessment that combines classroom teaching and specialty instruction. (Amended by Stats. 2011, Ch. 348, Sec. 4. (SB 941) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 4.5. Marian Bergeson Beginning Teacher Support and Assessment System [44279.1 - 44279.7] SECTION 44279.7. Source version: id_d4e7830d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=4.5. (a) The superintendent and the commission shall award supplemental grants on a competitive basis to Beginning Teacher Support and Assessment System teacher induction programs established pursuant to Section 44279.2 that are identified as having expertise according to criteria established by the superintendent and the commission. The supplemental grants received pursuant to this section shall be expended to assist clusters of teacher induction programs operated by school districts or consortiums of school districts. (b) The superintendent and the commission shall designate each school district and consortium of school districts participating in the Beginning Teacher Support and Assessment System established pursuant to Section 44279.2 as belonging to a cluster according to the criteria established pursuant to this subdivision. For the purposes of this section “cluster” means a cluster of school districts or consortium of school districts established pursuant this section. The superintendent and the commission shall establish criteria for the formation of school districts or consortiums of school district teacher induction program clusters based upon, but not necessarily be limited to, all of the following: (1) Geographic proximity. (2) Program size. (3) The number of beginning teachers served. (4) The similarity of teacher characteristics and pupil populations in each school district. (c) School districts and consortiums of school districts awarded supplemental grants pursuant to this section shall identify a teacher induction program consultant to assist the school district or consortiums of school districts forming a cluster. The superintendent and the commission shall identify the purpose and functions of each consultant. Those purposes and functions shall include, but not necessarily be limited to, all the following: (1) Assisting in designing, implementing, refining, and evaluating their teacher induction programs. (2) Assisting in building the capacity to provide professional development for all personnel involved in the implementation of teacher induction programs, including, but not limited to, beginning teachers, support providers, and administrators. (3) Disseminating information on teacher induction programs to all interested participants within the cluster and collaborating with other consultants statewide and with state administrative agency staff to ensure ongoing program improvement. (d) The superintendent and the commission shall ensure that each grant awarded pursuant to this section supports the salary and benefits and other related costs based on the prorated amount of time dedicated to this function for a consultant to assist each cluster. (Amended by Stats. 1998, Ch. 485, Sec. 51. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44280. Source version: id_1553fc73-e4ae-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. (a) The adequacy of subject matter preparation and the basis for assignment of certified personnel shall be determined by the successful demonstration of subject matter competence as set forth in paragraph (5) of subdivision (b) of Section 44259. (b) For the purpose of determining the adequacy of subject matter knowledge of languages for which there are no adequate examinations, the commission may establish guidelines for accepting alternative assessments performed by organizations that are expert in the language and culture assessed. (Amended by Stats. 2021, Ch. 44, Sec. 40. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44281. Source version: id_5c3e5f32-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. (a) The commission and programs of professional preparation shall support teacher candidates to establish subject matter competence through a degree major or coursework, pursuant to clauses (iii) and (iv) of subparagraph (A) of paragraph (5) of subdivision (b) of Section 44259. (b) The commission shall update the degree majors that establish subject matter competence pursuant to clause (iv) of subparagraph (A) of paragraph (5) of subdivision (b) of Section 44259 and ensure the subject matter requirements support streamlined transcript review, including for use by programs of professional preparation to review transcripts for their candidates seeking to establish subject matter competence through coursework. (c) Where a candidate’s degree major or completed coursework do not establish their subject matter competence, the commission shall make subject matter examinations available. The commission shall maintain a standard error of measurement for the determination of passing scores for these examinations. (Repealed and added by Stats. 2026, Ch. 65, Sec. 64. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44282. Source version: id_d4e909b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. (a) The commission shall adopt examinations and assessments to verify the subject matter knowledge and competence of candidates for the single subject teaching credentials described in Section 44257 and the concentrations described in Section 44257.2. (b) A general subject matter examination authorizing teaching multiple subjects shall include an examination of the candidate’s knowledge of the following areas: language studies, literature, mathematics, science, social studies, history, the arts, physical education, and human development. (Amended by Stats. 1993, Ch. 809, Sec. 9. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44282.1. Source version: id_d4e909b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. (a) In carrying out its duties prescribed by subdivision (h) of Section 44225, the commission shall not develop a new health science subject matter examination, but shall instead employ an existing health science subject matter examination for the purpose of certifying single subject instruction in health science. (b) It is the intent of the Legislature that no funds be appropriated from the Teacher Credentials Fund, or any other fund, for the purpose of development of a health science subject matter examination by the commission. (Added by Stats. 1980, Ch. 604, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44283. Source version: id_932fe1ce-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. (a) The Legislature hereby recognizes that teacher competence in reading instruction is essential to the progress and achievement of pupils learning to read in elementary and secondary schools. It is the intent of the Legislature that the commission develop a reading instruction competence assessment to measure the knowledge, skill, and ability of first-time credential applicants who are not credentialed in any state who will be responsible for reading instruction. (b) The commission shall develop, adopt, and administer a reading instruction competence assessment consisting of one or more instruments to measure an individual’s knowledge, skill, and ability relative to effective reading instruction. The reading instruction competence assessment shall measure the knowledge, skill, and ability of first-time credential applicants who are not credentialed in any state that the commission determines to be essential to reading instruction and shall be consistent with the state’s reading curriculum framework adopted after July 1, 1996, and the Reading Program Advisory published by the department in 1996. The commission shall perform the following duties with respect to the reading instruction competence assessment: (1) (A) Develop, adopt, and administer the assessment. (B) The commission may also adopt an off-the-shelf assessment if it meets the requirements of this section. (2) Initially and periodically analyze the validity and reliability of the content of the assessment. (3) Establish and implement appropriate passing scores on the assessment. (4) Analyze possible sources of bias on the assessment. (5) Collect and analyze background information provided by first-time credential applicants who are not credentialed in any state who participate in the assessment. (6) Report and interpret individual and aggregated assessment results. (7) Convene a task force to advise the commission on the design, content, and administration of the assessment. Not less than one-third of the members of the task force shall be classroom teachers with recent experience in teaching reading in the early elementary grades. (8) Before requiring successful passage of the assessment for the preliminary multiple subject teaching credential, certify that all of the teacher education programs approved by the commission pursuant to Section 44227 offer instruction in the knowledge, skills, and abilities required by the assessment. (c) Until the commission ensures that an approved teaching performance assessment for a preliminary multiple subject credential, as required by Section 44320.2, and a preliminary education specialist credential assesses candidates for competence in instruction in literacy as specified in Section 44320.3, the requirements for issuance of the preliminary multiple subject teaching credential, as set forth in subdivision (b) of Section 44259, or the preliminary education specialist credential shall include successful passage of one of the following components of the reading instruction competence assessment: (1) A comprehensive examination of the knowledge and skill pertaining to effective reading instruction of the credential applicant. (2) An authentic assessment of teaching skills and classroom abilities of the credential applicant pertaining to the provision of effective reading instruction. (3) A combination of paragraphs (1) and (2), as approved by the commission. (d) The reading instruction competence assessment is subject to the provisions of Sections 44235.1 and 44298. (e) Credential candidates who have completed all program requirements, including passage of a teaching performance assessment, or preliminary credentialholders that are required to pass the reading instruction competence assessment in order to earn the clear credential, may have until October 31, 2025, to take and pass the reading instruction competence assessment. (Amended by Stats. 2025, Ch. 8, Sec. 33. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44283.1. Source version: id_e113432e-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. (a) As of the effective date of this section, an applicant for a preliminary multiple subject teaching credential or a preliminary education specialist instruction credential will hold a passing reading instruction competence assessment score prospectively if, within the 10 calendar years following the date the score was earned, the applicant has achieved a reading instruction competence assessment examination score as follows: (1) A score of 198 earned on the 2009 single administration reading instruction competence assessment examination before July 26, 2021. (2) A score of 198 earned on each subtest of the three-subtest version of the reading instruction competence assessment on or after July 26, 2021. (b) This section supersedes subdivisions (a) and (b) of Section 80071 of Title 5 of the California Code of Regulations. (Added by Stats. 2025, Ch. 8, Sec. 34. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44283.2. Source version: id_d4ea905b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. (a) Commencing on January 1, 2000, prior to the initial issuance of a specialist teaching credential in special education pursuant to Section 44265, except as provided in subdivision (b) a first time credential applicant who is not credentialed in any state shall be required to demonstrate that he or she passed the reading instruction competence assessment developed pursuant to Section 44283. (b) This section shall not apply to an applicant for an Early Childhood Special Education Certificate or Early Childhood Special Education Credential, which authorizes the holder to provide educational services to children from birth through prekindergarten who are eligible for early intervention special education and related services. (Amended by Stats. 1999, Ch. 623, Sec. 5. Effective October 10, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44283.3. Source version: id_f7c4396f-5915-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. A holder of a preliminary multiple subject credential or a preliminary education specialist credential who was unable to take the reading instruction competence assessment pursuant to Section 44283, as it read on January 1, 2020, due to the closure of assessment centers during the COVID-19 pandemic, and who must complete this requirement in order to earn a professional clear credential, may, if the reading instruction competence assessment is no longer being administered, complete this requirement through successful completion of an assessment required by another state that is identified by the commission as meeting the requirements of Section 44283, as it read on January 1, 2021. (Added by Stats. 2021, Ch. 678, Sec. 8. (SB 488) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44284. Source version: id_d4ea905d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. Examinations authorizing advanced or specialist teaching service may be authorized by the commission. Such examinations shall conform to the guidelines established by this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44288. Source version: id_d4ea905f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. The commission shall create subject matter advisory panels to advise in the selection, administration, and interpretation of examinations. The subject matter advisory panels shall consist of recognized leaders in the subject matter fields to be examined and shall be composed primarily of full-time public school classroom teachers, and full-time college or university classroom teachers. Experts and authorities in the field of examination design, interpretation, and analysis may be included in the subject matter panels or may be separately employed by the commission. Members of the examination panels shall serve without compensation, but may be reimbursed for actual and necessary expenses. The approved examinations shall provide for flexibility and variety in patterns of subject matter preparation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44289. Source version: id_d4ea9061-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. The commission shall set passing scores with the objective of assuring an adequate level of subject matter preparation. The examination shall report at least relative and absolute scores to facilitate comparison and interpretation, if practicable. The individual candidate’s score on any examination shall be a matter of record, but shall not be posted on the front of the credential or be made available to the public; the teaching or other credential shall identify by name those examinations successfully passed. Nothing in this section shall be construed to prohibit research, evaluation, analysis, or interpretation of test scores so long as individual confidentiality is maintained. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44290. Source version: id_d4ea9063-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. The commission, before the adoption of any examination, shall provide an opportunity to the public and teaching profession to present their viewpoints with respect thereto in open hearings. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44291. Source version: id_d4ea9065-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. The approved examinations shall be instruments whose purpose is to measure achievement and shall be used solely to measure objective knowledge of subject matter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44292. Source version: id_d4ea9067-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. Insofar as is reasonable and practicable, the commission shall adopt examinations which are nationally administered on a regular basis. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44293. Source version: id_d4ec1709-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. In selecting subject matter examinations, the commission shall consider the importance of timely and expeditious processing and the desirability and convenience of machine scoring. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44294. Source version: id_d4ec170b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. The commission may approve more than one examination with passing scores appropriate to each examination for any of the categories to be examined as required by this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44295. Source version: id_d4ec170d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. In the selection, adoption and interpretation of examinations, the commission shall analyze and account for any cultural, class, or social bias which may arbitrarily and unfairly work to the disadvantage of any group of examinees, and shall assess and report upon the extent to which, if any, the passing score may adversely affect any group of prospective or actual examinees due to social, cultural, or ethnic factors. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44296. Source version: id_d4ec170f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. The commission may collect various data, including the ethnic background of examinees, age, sex, the college or university attended, degrees held, teaching experience, and other factors which may pertain, in the judgment of the commission, to examination performance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44297. Source version: id_d4ec1711-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. No limit may be placed on the number of times an examinee may take the approved examinations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5. Subject Matter Examinations and Assessments [44280 - 44298] SECTION 44298. Source version: id_d4ed9db3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5. Fees charged for the examinations shall be sufficient to furnish the full cost of the examination system, except as these funds may be augmented from designated appropriations by the Legislature from the Teacher Credentials Fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5.5. Emergency Permits [44300 - 44302] SECTION 44300. Source version: id_fcdb9ca3-395c-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5.5. (a) Commencing January 1, 1990, the commission may issue or renew emergency teaching or specialist permits in accordance with regulations adopted by the commission corresponding to the credential types specified in subparagraphs (A), (B), and (C) of paragraph (1) of subdivision (b) of Section 44225, provided that all of the following conditions are met: (1) The applicant possesses a baccalaureate degree conferred by a regionally accredited institution of higher education and has fulfilled the subject matter requirements of Section 44301. (2) The commission approves the justification for the emergency permit submitted by the school district in which the applicant is to be employed. The justification shall include all of the following: (A) Annual documentation that the district has implemented in policy and practices a process for conducting a diligent search that shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, advertising in local newspapers, and participating in job fairs in this state, but has been unable to recruit a sufficient number of certificated teachers, including teacher candidates pursuing full certification through internship, district internship, or other alternative routes established by the commission. (B) A declaration of need for fully qualified educators based on the documentation set forth in subparagraph (A) and made in the form of a motion adopted by the governing board of the school district or the county board of education at a regularly scheduled meeting of the governing board or the county board of education. The motion may not be part of the consent agenda and shall be entered in the minutes of the meeting. (b) The commission may deny a request for an emergency permit that does not meet the justification set forth in subparagraph (A) of paragraph (2) of subdivision (a). (c) It is the intent of the Legislature that the commission continue to issue emergency teaching permits to individuals employed by school districts defined in regulations as remote from regionally accredited institutions of higher education. (d) The commission may issue and reissue emergency permits corresponding to the credential types specified in subparagraph (D) of paragraph (1) of subdivision (b) of Section 44225. The commission shall establish appropriate standards for each type of emergency permit specified in subparagraph (D) of paragraph (1) of subdivision (b) of Section 44225. (e) The exclusive representative of certificated employees, if any, as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, may submit a written statement to the commission agreeing or disagreeing with the justification submitted to the commission pursuant to paragraph (2) of subdivision (a). (f) A person holding an emergency teaching or specialist permit shall attend an orientation to the curriculum and to techniques of instruction and classroom management, and shall teach only with the assistance and guidance of a certificated employee of the district who has completed at least three years of full-time teaching experience, or the equivalent thereof. It is the intent of the Legislature to encourage districts to provide directed teaching experience to new emergency permitholders with no prior teaching experience. (g) The holder of an emergency permit shall participate in ongoing training, coursework, or seminars designed to prepare the individual to become a fully credentialed teacher or other educator in the subject area or areas in which the individual is assigned to teach or serve. The employing agency shall verify that employees applying to renew their emergency permits are meeting these ongoing training requirements. (h) Emergency permits for pupil personnel services shall not be valid for the purpose of determining pupil eligibility for placement in a special education class or program. (i) This section shall not apply to the issuance of an emergency substitute teaching permit, or of an emergency permit to a teacher who has consented to teach temporarily outside of their field of certification, for which the commission shall establish minimum requirements. (j) The commission may issue a one-year emergency specialist teaching permit in early childhood education that authorizes teaching all subjects in a self-contained transitional kindergarten general education classroom, as defined in Section 48000, provided that all of the following conditions are met: (1) The applicant possesses a baccalaureate or higher degree conferred by a regionally accredited institution of higher education and holds a valid commission-issued child development permit at the teacher or higher level. (2) The applicant satisfies the subject matter requirement by one of the following options: (A) Commencing July 1, 2022, completes 24 semester units of coursework in child development or early childhood education at a regionally accredited institution of higher education. (B) Commencing July 1, 2022, holds a baccalaureate or higher degree conferred by a regionally accredited institution of higher education where the major is in child development, or early childhood education, or a similar major. (C) Commencing July 1, 2023, has three or more years of full-time teaching experience in a transitional kindergarten setting, or preschool age early childhood or child development program, or a combination thereof. Experience may include, but shall not be limited to, teaching experience in a public or private preschool or transitional kindergarten setting, Head Start program, or state-funded preschool program. For the purposes of this subparagraph, “teaching” shall mean the lead or primary classroom teacher, and not teaching done in support of another lead or primary classroom teacher. (3) The commission approves the justification for the emergency permit submitted by the local employing agency in which the applicant is to be employed. The justification shall include all of the following: (A) Annual documentation that the local employing agency has implemented in policy and practices a process for conducting a diligent search that shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, advertising in local newspapers or online webpages, and participating in job fairs in this state, but has been unable to recruit a sufficient number of certificated teachers, including teacher candidates pursuing full certification through internship, district internship, or other alternative routes established by the commission. (B) A declaration of need for fully qualified educators based on the documentation set forth in subparagraph (A) and made in the form of a motion adopted by the governing body of the charter school, the governing board of the school district, or the county board of education at a regularly scheduled meeting of the governing body or board or the county board of education. The motion may not be part of the consent agenda and shall be entered in the minutes of the meeting. (C) (i) Verification that the employing charter school, school district, or county shall provide the required orientation, mentoring, and support to the applicant. (ii) The local employing agency shall report to the governing body of the charter school, the governing board of the school district, or the county board of education at a regularly scheduled meeting of the governing body or board or the county board of education on the required orientation, mentoring and support provided to the applicants. (k) The commission may renew an emergency specialist teaching permit in early childhood education for one additional year, provided all of the following conditions are met: (1) The applicant verifies current enrollment in a commission-approved teacher preparation program that will result in a credential authorizing teaching transitional kindergarten. (2) The local employing agency submits a subsequent declaration of need for fully qualified educators based on the documentation set forth in subparagraph (A) of paragraph (3) of subdivision (j) made in the form of a motion adopted by the governing body of the charter school, the governing body of the school district, or the county board of education at a regularly scheduled meeting of the governing body or board or the county board of education. The motion may not be part of the consent agenda and shall be entered in the minutes of the meeting. (3) The local employing agency verifies that the applicant continues to successfully serve in the assignment on the basis of the emergency permit. (4) (A) The local employing agency verifies that continued orientation, mentoring, and support shall be provided to the applicant. (B) The local employing agency shall report to the governing body of the charter school, the governing board of the school district, or the county board of education at a regularly scheduled meeting of the governing body or board or the county board of education on the required orientation, mentoring, and support provided to the applicant. (Amended by Stats. 2024, Ch. 38, Sec. 36. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5.5. Emergency Permits [44300 - 44302] SECTION 44300.5. Source version: id_9085908c-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5.5. As an alternative to the employment verification required pursuant to paragraph (3) of subdivision (a) of Section 80025.1 of Title 5 of the California Code of Regulations for the initial issuance of an emergency career substitute teaching permit, the commission shall accept verification by an employer or employers of, in the three years immediately preceding the date of application, at least 90 days per year of day-to-day substitute teaching accumulated from one or more California school districts participating in a consortium with the school district requesting the permit. (Added by Stats. 2022, Ch. 113, Sec. 1. (AB 1876) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5.5. Emergency Permits [44300 - 44302] SECTION 44301. Source version: id_74fb2049-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5.5. (a) A person who does not hold a valid California teaching credential that requires a baccalaureate degree shall be required to pass the appropriate subject matter competency examination or examinations, as determined by the commission, before that person may be initially issued an emergency multiple or single subject teaching permit, except an emergency substitute teaching permit, authorizing that person to teach a subject that is specified by the commission. (b) The commission may issue an emergency multiple or single subject teaching permit to an applicant who has not taken the appropriate subject matter competency test, provided the employing agency certifies all of the following to the commission: (1) The applicant has not had the opportunity to take the test. (2) The applicant shall take the appropriate subject matter competency test at its next regularly scheduled administration. (3) The employing agency shall discontinue employment of the person eight weeks after the date on which the test is administered if that person does not give the employing agency evidence of having passed the required subject matter competency test on that date. (c) The emergency teaching permit issued pursuant to subdivision (b) shall expire on the next regular expiration date for emergency permits, or on a date that is eight weeks after the date on which the required subject matter competency test was administered, whichever date comes first. (d) The commission shall waive the requirements of this section for each applicant for each of the following: (1) An emergency single subject teaching permit, if the applicant has successfully completed at least 18 semester units, or nine semester units of upper division or graduate coursework, at a regionally accredited institution of higher education, in the subject area to be taught. (2) An emergency multiple subjects permit, if the applicant has successfully completed at least 40 semester units, or the equivalent, at a regionally accredited institution of higher education, in the subjects that are commonly taught in elementary schools, as determined by the commission. (Amended by Stats. 2021, Ch. 663, Sec. 22. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 5.5. Emergency Permits [44300 - 44302] SECTION 44302. Source version: id_c389f8f8-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=5.5. The Commission on Teacher Credentialing regularly shall notify local educational agencies of the various provisions in current law that allow the assignment of personnel when a fully qualified teacher is not available and a substitute has served for the maximum days permitted by law, including emergency permits under Section 44300, long-term and short-term waivers under subdivision (m) of Section 44225, and intern permits under Sections 44235, 44250, and 44464. When fulfilling the notification requirements of this section, the commission shall utilize a variety of approaches, including, but not limited to, correspondence, annual workshops for credential analysts, a credential handbook, a waiver handbook, the commission website, and special telephone, fax, and e-mail lines for school districts and county offices of education. Additionally, the commission shall provide local educational agencies with information about waiver requests including specific timelines, key steps, and appeal rights. (Amended by Stats. 2007, Ch. 730, Sec. 19. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 6. Subject Matter Preparation [44310 - 44314] SECTION 44310. Source version: id_05b8bf15-395d-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=6. (a) The commission shall waive the subject matter examination requirement for graduates of a regionally accredited institution of higher education who successfully do any of the following: (1) Complete a subject matter program approved by the commission on the basis of standards of program quality and effectiveness pursuant to this article. (2) (A) Complete coursework at one or more regionally accredited institutions of higher education that addresses each of the domains of the subject matter requirements adopted by the commission in the content area of the credential pursuant to Section 44282. (B) A program of professional preparation shall have the authority to review transcripts supplied by a candidate and confirm that each domain’s broad content area has been addressed. (3) Address each of the broad content areas of the domains of the subject matter requirements adopted by the commission in the content area of the credential being sought through a combination of examination subtests and coursework described in paragraph (2). (b) The commission shall encourage through its accreditation system that programs of professional preparation provide candidates equitable access to all of the options in paragraph (5) of subdivision (b) of Section 44259 for meeting subject matter competence. (Amended by Stats. 2024, Ch. 38, Sec. 37. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 6. Subject Matter Preparation [44310 - 44314] SECTION 44311. Source version: id_7a8d366b-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=6. The commission shall evaluate any subject matter program offered by a regionally accredited institution of higher education in satisfaction of paragraph (5) of subdivision (b) of Section 44259. The evaluation shall be based on standards of program quality and effectiveness, which shall be consistent with the assessments and examinations of subject matter knowledge and competence adopted by the commission pursuant to subdivisions (a) and (b) of Section 44282. (Amended by Stats. 2021, Ch. 663, Sec. 23. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 6. Subject Matter Preparation [44310 - 44314] SECTION 44312. Source version: id_d4f231b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=6. A finding by the commission of the inadequacy or inappropriateness of such program as the basis for waiving the subject matter examination shall cause persons completing such programs to be ineligible for the examination waiver. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 6. Subject Matter Preparation [44310 - 44314] SECTION 44313. Source version: id_801cdb8d-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=6. (a) The subject matter examination authorizing multiple subject classroom instruction may be waived for holders of approved “diversified” or “liberal arts” degrees, or programs or their equivalent, conferred by regionally accredited institutions of higher education approved by the commission. (b) Notwithstanding the designation of the degrees conferred, the commission shall approve the programs presented by a regionally accredited institution of higher education and shall not engage in the detailed analysis of the applicant’s transcripts for purposes of issuing the credential. The commission, however, may provide for the selected analysis of transcripts to determine whether the programs presented by regionally accredited institutions of higher education conform with the requirements of the commission. (Amended by Stats. 2021, Ch. 663, Sec. 24. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 6. Subject Matter Preparation [44310 - 44314] SECTION 44314. Source version: id_d4f231b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=6. A “diversified” or “liberal arts” program is any program that has been approved by the commission on the basis of standards adopted by the commission. (a) An approved program shall consist of a minimum of 84 semester units, or equivalent quarter units, including, but not limited to, language studies, literature, mathematics, science, social science, history, humanities, the arts, physical education and human development. (b) The commission shall establish standards for “diversified” or “liberal arts” programs, or equivalent programs that waive the subject matter examination for multiple subjects instruction. (Amended by Stats. 1987, Ch. 832, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44320. Source version: id_bb4af77c-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. (a) Professional preparation, including student teaching, shall be made available in the upper division course offerings at all California public institutions of higher learning, except the California Maritime Academy and the college named in Section 92200. No more than nine semester units, or the equivalent, of professional education courses may be designated as prerequisites for purposes of admission to student teaching, except that, to satisfy the English language requirement as set forth in paragraph (3) of subdivision (b) of Section 44259, candidates may be required to take 12 semester units, or the equivalent, as professional education prerequisites to student teaching. (b) The commission shall encourage postsecondary institutions that offer programs of professional preparation to collaborate with school districts, county offices of education, and professional organizations in the design and delivery of local programs to function as part of the California Beginning Teacher Support and Assessment Program pursuant to Section 44279.2. If local educational agencies and institutions of higher education voluntarily agree to implement the program, the following provisions shall apply to each collaborative effort: (1) Postsecondary institutions and local educational agencies shall coordinate and articulate the program of professional preparation and the California Beginning Teacher Support and Assessment Program, so the two programs provide continuity in the preparation, support, and assessment of beginning teachers. (2) At the discretion of a postsecondary institution that participates in a collaborative effort, the program of professional preparation may be submitted to the commission for approval as a program of preparation, support, and assessment that is at least two years long. (3) In each program of preparation, support, and assessment, the postsecondary institution shall make it possible for each candidate to complete all requirements for a valid teaching credential in the equivalent of one year of full-time study. (4) A postsecondary institution that participates in a collaborative effort may, at its discretion, determine that successful completion of the support and assessment components of an articulated program of professional preparation, support, and assessment fulfills some or all of the requirements of subdivision (c) of Section 44259, and may accordingly recommend applicants for the professional teaching credential. The standards and criteria for making these determinations and recommendations shall be included in the institution’s proposal for a program. (5) A local educational agency that collaborates, at its own discretion, with a postsecondary education institution in the design and delivery of an articulated program of professional preparation, support, and assessment that meets the standards and criteria pursuant to subdivision (c) of Section 44279.2, and that receives funds pursuant to the annual Budget Act, may contract with the postsecondary institution to pay the institution’s costs of designing and delivering the support and assessment components of the program. (c) Local educational agencies that are approved by the commission to provide programs of personalized preparation to candidates for designated subjects teaching credentials are encouraged to participate in the design and delivery of local programs under the California Beginning Teacher Support and Assessment Program pursuant to Article 4.5 (commencing with Section 44279.2), in a manner consistent with subdivision (b). (d) Before admission to either student teaching under any professional preparation program approved by the commission, or participation in a field experience program as described in Section 44324, a candidate for a credential shall obtain a certificate of clearance from the commission which shall be issued when the commission has verified the candidate’s personal identification and health status. The fee for the certificate of clearance shall not exceed one-half of the regular fee for a credential and shall be deducted from the fee for the initial credential applied for by the certificate holder. (Amended by Stats. 2022, Ch. 478, Sec. 5. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44320.2. Source version: id_a9f6ae5a-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. (a) The Legislature finds and declares that the competence and performance of teachers are among the most important factors in influencing the quality and effectiveness of education in elementary and secondary schools. (b) Commencing July 1, 2008, for a program of professional preparation to satisfy the requirements of paragraph (3) of subdivision (b) of Section 44259, the program shall include a teaching performance assessment that is aligned with the California Standards for the Teaching Profession and that is congruent with state content and performance standards for pupils adopted by the state board. In implementing this requirement, institutions or agencies may do the following: (1) Voluntarily develop an assessment for approval by the commission. Approval of any locally developed performance assessment shall be based on assessment quality standards adopted by the commission, which shall encourage the use of alternative assessment methods including portfolios of teaching artifacts and practices. (2) Participate in an assessment training program for assessors and implement the commission developed assessment. (c) The commission shall implement the performance assessment in a manner that does not increase the number of assessments required for teacher credential candidates prepared in this state. A candidate shall be assessed during the normal term or duration of the preparation program of the candidate. (d) Subject to the availability of funds in the annual Budget Act, the commission shall perform all of the following duties with respect to the performance assessment: (1) Assemble and convene an expert panel to advise the commission about performance standards and developmental scales for teaching credential candidates and the design, content, administration, and scoring of the assessment. At least one-third of the panel members shall be classroom teachers in California public schools. (2) Design, develop, and implement assessment standards and an institutional assessor training program for the sponsors of professional preparation programs to use if they choose to use the commission developed assessment. (3) Establish a review panel to examine each assessment developed by an institution or agency in relation to the standards set by the commission and advise the commission regarding approval of each assessment system. (4) Initially and periodically analyze the validity of assessment content and the reliability of assessment scores that are established pursuant to this section. (5) Establish and implement appropriate standards for satisfactory performance in assessments that are established pursuant to this section. (6) Analyze possible sources of bias in the performance assessment and act promptly to eliminate any bias that is discovered. (7) Collect and analyze background information provided by candidates who participate in the performance assessment, and report and interpret the individual and aggregated results of the assessment. (8) Examine and revise, as necessary, the institutional accreditation system pursuant to Article 10 (commencing with Section 44370), for the purpose of providing a strong assurance to teaching candidates that ongoing opportunities are available in each credential preparation program that is offered pursuant to Section 44320, Article 6 (commencing with Section 44310), Article 7.5 (commencing with Section 44325), or Article 3 (commencing with Section 44450) of Chapter 3 for candidates to acquire the knowledge, skills, and abilities measured by the assessment system. (9) Ensure that the aggregated results of the assessment for groups of candidates who have completed a credential program are used as one source of information about the quality and effectiveness of that program. The commission shall report the number of programs with low pass rates and assist these programs to use evidence-based strategies to support candidates to pass the assessment for all administrations of the assessment. There shall be no fees to candidates for these instructional supports. (e) The commission shall ensure that each performance assessment pursuant to subdivision (b) is state approved and aligned with the California Standards for the Teaching Profession and is consistently applied to candidates in similar preparation programs. The commission shall ensure that any approved performance assessment is compliant with this section and meets the commission standards for administration. To the maximum feasible extent, each performance assessment shall be ongoing and blended into the preparation program, and shall produce the following benefits for credential candidates, sponsors of preparation programs, and local educational agencies that employ program graduates: (1) The performance assessment shall be designed to provide formative assessment information during the preparation program for use by the candidate, instructors, and supervisors for the purpose of improving the teaching knowledge, skill, and ability of the candidate. (2) The performance assessment results shall be reported so that they may serve as one basis for a recommendation by the program sponsor that the commission award a teaching credential to a candidate who has successfully met the performance assessment standards. The commission shall maintain a secondary passing standard for the teaching performance assessment that may be used, with consideration of other evidence of the candidate’s performance related to the California Standards for the Teaching Profession, for a program sponsor’s recommendation of a candidate to the commission for a teaching credential. (3) The formative assessment information pursuant to paragraph (1) and the performance assessment results pursuant to paragraph (2) shall be reported so that they may serve as one basis for the individual induction plan of the new teacher pursuant to Section 44279.2. (f) It is the intent of the Legislature that assessments in accordance with paragraphs (1) and (2) of subdivision (b), including the administrative costs of the commission, be fully funded. (Amended by Stats. 2024, Ch. 889, Sec. 2. (SB 1263) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44320.3. Source version: id_fda1fe91-5915-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. (a) By July 1, 2025, the commission shall ensure that an approved teaching performance assessment for a preliminary multiple subject credential, as required by Section 44320.2, and for a preliminary education specialist credential assesses all candidates for competence in instruction in literacy, including, but not limited to, evidence-based methods of teaching foundational reading skills, as described in paragraph (4) of subdivision (b) of Section 44259. The commission shall ensure that any competencies assessed pursuant to this section are assessed in a manner aligned to the requirements of subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259, the commission’s standards of program quality and effectiveness and current teaching performance expectations, and the current English Language Arts/English Language Development (ELA/ELD) Framework adopted by the state board. The commission shall ensure that the assessment meets the commission’s adopted teaching performance assessment design standards for validity, reliability, and sponsor support responsibilities. (b) Before requiring successful passage of the teaching performance assessment for the preliminary multiple subject teaching credential and the preliminary education specialist credential pursuant to subdivision (a), the commission shall certify that all of the teacher education programs approved by the commission pursuant to Section 44227 provide instruction in the knowledge, skills, and abilities required in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259. (c) Commencing on July 1, 2022, and annually thereafter, until the requirements of this section are met, the commission shall report to the appropriate fiscal and policy committees of the Legislature on its progress in meeting the requirements of this section and Sections 44259.6 and 44259.7, including how stakeholders were engaged in the process of meeting the requirements of this section and Sections 44259.6 and 44259.7. (Added by Stats. 2021, Ch. 678, Sec. 9. (SB 488) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44320.4. Source version: id_d63464e0-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. (a) To ensure the teaching performance assessments described in Sections 44320.2 and 44320.3 are valid and authentic, formative in nature, embedded in preparation, and inform program improvement through the accreditation system, the commission shall convene a workgroup to assess current design and implementation of the state’s current teaching performance assessments. (b) The commission shall select classroom teachers, teacher educators, and performance assessment experts to form the workgroup described in subdivision (a). At least one-third of the workgroup members shall be classroom teachers in California public schools. The commission shall not appoint any person to the workgroup with a financial interest in any teacher licensure assessment. The commission shall consult with statewide labor organizations and other representative organizations for recommendations of workgroup members. (c) The workgroup shall develop recommendations to be presented to the commission by March 1, 2025, and the commission shall vote to adopt a set of recommendations by July 1, 2025. Adopted recommendations shall be implemented by July 1, 2028. At a minimum, the recommendations from the workgroup shall include: (1) An analysis of any modifications needed to current assessments to ensure they are valid and authentic to the work of teaching, reasonable to implement in the wide range of classroom settings across the state, and appropriate for beginning teachers. (2) Recommendations for how programs might embed the assessments into coursework and clinical work to avoid duplicative work for candidates. (3) Suggested questions for program completer surveys to understand candidate experience of programmatic support for assessment completion. (4) Recommendations to strengthen the accreditation system to ensure programs embed the assessment in coursework and clinical work, offer sufficient clinical and pedagogical support, and support candidates to pass the assessment. (5) Recommendations for how programs can engage in local scoring of the assessment to inform program improvement. (d) Notwithstanding Section 10231.5 of the Government Code, the commission shall report to the Legislature annually, beginning on October 15, 2025, and through October 15, 2028, and in compliance with Section 9795 of the Government Code, on the progress of the workgroup in making its recommendations and actions taken by the commission to implement the recommendations it adopts. (e) Meetings of the workgroup are subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2024, Ch. 889, Sec. 3. (SB 1263) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44320.5. Source version: id_214967be-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. For the 2024–25 fiscal year only, the commission shall submit to the Department of Finance a plan for using existing funds available from the Teacher Credentials Fund to support the operations of the workgroup pursuant to Section 44320.4. Upon the approval of the plan by the Department of Finance, an amount not to exceed seven hundred twenty-nine thousand dollars ($729,000) shall be made available from the Teacher Credentials Fund to the commission for the operations of the workgroup convened pursuant to Section 44320.4. (Amended by Stats. 2025, Ch. 67, Sec. 50. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44321. Source version: id_d4f53efd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. Student internship programs shall be joint projects of school districts and teacher preparation institutions, and such internship programs shall be submitted to the commission for approval. Approved internship programs shall be subject to periodic review by the commission. Upon completion of an approved internship program, with district and teacher preparation institution certification, the commission shall approve the teacher intern. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44322. Source version: id_d4f53eff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. Notwithstanding any other provision of this code, the professional preparation requirements for a teaching credential may be met by certification by the Director of the Peace Corps of the United States or the Peace Corp Country Director that the applicant has satisfactorily completed not less than 18 months in a Peace Corps assignment in a foreign country, during which time 50 percent or more of his or her duties consisted of classroom teaching of resident children of the foreign country. An applicant meeting the requirements of this section shall not be required to complete any education or methodology courses or meet any other requirement relating to professional preparation as set forth in paragraph (3) of subdivision (b) of Section 44259. (Amended by Stats. 2001, Ch. 342, Sec. 24. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44323. Source version: id_d4f53f01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. Nothing in this chapter shall be construed as preventing school districts from hiring, employing, or otherwise using teacher aides, instructional aides, or teacher assistants under the terms of existing law and financial support formulas. The commission may study the various roles of such paraprofessionals and routinely report its findings. Public and private colleges, universities, and community colleges may develop cooperative programs with school districts or school governing boards to place undergraduate and graduate students in public and private classrooms as teacher aides or assistants. Such assignment may be, at the discretion of the institution, the basis for securing college credit. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7. Professional Preparation [44320 - 44324] SECTION 44324. Source version: id_41696da3-0c95-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7. (a) The Legislature encourages any public or private institution of higher education that conducts any program of professional preparation for a teaching or services credential to operate and supervise, within that program, a field experience program, and to grant up to and including three semester units, or the equivalent, to any student who participates in that field experience program, whether that participation occurs before or after the granting of a credential. For purposes of this section, “field experience program” means a program under which students work with truant, habitual truant, or other at-promise pupils enrolled in any public elementary or secondary school, and may include student participation in home-school conferences and home referrals. (b) School districts are encouraged to cooperate with public and private institutions of higher education in the operation of the field experience programs described in subdivision (a). (Amended by Stats. 2019, Ch. 800, Sec. 9. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7.5. District Interns [44325 - 44328] SECTION 44325. Source version: id_85a83aef-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7.5. (a) The commission shall issue district intern credentials authorizing persons employed by a school district that maintains kindergarten and grades 1 to 12, inclusive, or that maintains classes in bilingual education to provide classroom instruction to pupils in those grades and classes in accordance with the requirements of Section 44830.3. The commission also shall issue district intern credentials authorizing persons employed by a school district to provide classroom instruction to pupils in special education classes, in accordance with the requirements of Section 44830.3. (b) Each district intern credential is valid for a period of two years. A credential may be valid for three years if the intern is participating in a program that leads to the attainment of a specialist credential in special education or four years if the intern is participating in a program that leads to the attainment of both a multiple subject or single subject teaching credential and a specialist credential in special education. Upon the recommendation of the school district, the commission may grant a one-year extension of the district intern credential. (c) The commission shall require each applicant for a district intern credential to demonstrate that the applicant meets all of the following minimum qualifications for that credential: (1) The possession of a baccalaureate degree conferred by a regionally accredited institution of higher education. (2) The successful passage of the state basic skills proficiency requirement pursuant to Sections 44252 and 44252.5. (3) The successful completion of the appropriate subject matter examination administered by the commission, or a commission-approved subject matter preparation program for the subject areas in which the district intern is authorized to teach. (4) The oral language component of the assessment program leading to the bilingual-crosscultural language and academic development certificate for persons seeking a district intern credential to teach bilingual education classes. (d) The commission shall apply the requirements of Sections 44339, 44340, and 44341 to each applicant for a district intern credential. (e) The commission shall ensure that each district internship program in California provides program elements to its interns as required by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and its implementing regulations. (Amended by Stats. 2021, Ch. 663, Sec. 25. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7.5. District Interns [44325 - 44328] SECTION 44326. Source version: id_cb242ecd-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7.5. (a) Persons holding district intern credentials issued by the commission under Section 44325 to teach in grades 9 to 12, inclusive, or in grades 6 to 8, inclusive, in a departmentalized program, or in departmentalized bilingual classes, shall be authorized to teach in the subject area in which they have met the subject matter requirement. (b) Persons holding district intern credentials issued by the commission under Section 44325 to teach in kindergarten and grades 1 to 8, inclusive, in a self-contained program or in self-contained bilingual classes and who have met the subject matter requirement shall be authorized to teach in those grades or classes. (c) Before being assigned to teach special education pupils, persons holding district intern credentials issued by the commission under Section 44325 to teach those pupils shall meet the requirements of subdivision (b). (d) Each district intern is required to teach with the assistance and guidance of certificated employees selected through a competitive process adopted by the governing board after consultation with the exclusive teacher representative unit or by personnel employed by institutions of higher education to supervise student teachers. (e) A certificated employee who assists the district intern shall possess valid certification at the same level or of the same type of credential as the district interns they serve. (Amended by Stats. 2009, Ch. 316, Sec. 3. (AB 239) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7.5. District Interns [44325 - 44328] SECTION 44327. Source version: id_9db592a6-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7.5. On or before July 1, 1995, the commission, in consultation with participating school districts and other affected organizations, shall revise existing standards and adopt additional standards, as necessary, related to the quality of the training, support, evaluation, and performance of district interns. The standards shall be appropriate for an alternative program of teacher recruitment, preparation, and certification. Each school district with a district intern program is responsible for maintaining appropriate records of the program so that the credit earned by each district intern is transferable to his or her academic record in the same manner as if the intern had participated in a college or university program. To the extent feasible, the standards shall also be equivalent to the standards of the commission for professional preparation programs in colleges and universities. (Amended by Stats. 2008, Ch. 223, Sec. 7. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 7.5. District Interns [44325 - 44328] SECTION 44328. Source version: id_0fc85bf0-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=7.5. (a) Unless the commission determines that substantial evidence exists that a person is unqualified to teach, upon the completion of successful service as a district intern pursuant to subdivision (b) of Section 44325, and upon the recommendation of the school district governing board, the commission shall award preliminary credentials to district interns in the same manner as applicants recommended for credentials by institutions that operate approved programs of professional preparation. (b) Notwithstanding paragraphs (1) and (2) of subdivision (a) of Section 44225, paragraphs (3) to (6), inclusive, of subdivision (b) of Section 44259, paragraphs (1), (2), and (3) of subdivision (c) of Section 44259, and Sections 44261, 44265, and 44335, upon recommendation by the governing board, district interns shall be issued preliminary credentials upon the completion of successful service as a teacher pursuant to subdivision (b) of Section 44325, unless the governing board recommends, and the commission finds substantial evidence, that the person is not qualified to teach. Pursuant to Article 11 (commencing with Section 44380), teachers participating in an induction program pursuant to Article 4.5 (commencing with Section 44279.1) are no longer eligible for funding under the district intern program. (c) Notwithstanding Section 44261, the preliminary credential awarded to a district intern holding a district intern credential to teach bilingual education classes shall be a basic teaching credential with a bilingual-crosscultural language and academic development emphasis. Notwithstanding Section 44265, the preliminary credential awarded to a district intern who holds a district intern credential to teach special education pupils shall be a special education specialist instruction credential that authorizes the holder to teach special education pupils. (d) It is the intent of the Legislature that institutions of higher education that operate approved programs of professional preparation work cooperatively with school districts that offer district intern programs for a special education specialist credential to apply the regular education coursework and fieldwork from the special education district intern program toward earning a multiple or single subject teaching credential through the institution. (Amended by Stats. 2020, Ch. 370, Sec. 61. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44330. Source version: id_d4f84c53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Except where such service is provided by a school district pursuant to Section 44332.5, each county or city and county board of education may provide for the registration of any valid certification or other document authorizing the holder thereof to serve in a position requiring certification qualifications as an employee of the county superintendent of schools of such county or city and county or of a school district under the jurisdiction of such county superintendent of schools. Such registration shall authorize the service of the holder as an employee of the county superintendent of schools or of any school district under his jurisdiction in the capacity in which and for the period of time for which the certification or other document is valid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44331. Source version: id_d4f84c55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. County boards of education may renew any certificate legally issued by them prior to October 1, 1945, and now in force; provided, that no certificate granted upon a credential issued by the State Board of Education or commission for a limited period shall be renewed or extended unless the credential upon which it was issued has been renewed or extended, and then only for the period of the renewal or extension of the credential. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44332. Source version: id_8f768214-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) Except where that service is provided by a school district authorized to register certification documents pursuant to Section 44332.5, each county board of education or city and county board of education may issue temporary certificates for the purpose of authorizing salary payments to certified employees, including individuals certified in another state, whose credential applications are being processed or to personnel employed in children’s centers or other preschool educational programs whose permit applications are being processed. However, the individual must have demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to the requirements of Section 44252.5. The applicant for the temporary certificate shall make a statement under oath that he or she has duly filed an application for a credential or permit together with the required fee and that, to the best of his or her knowledge, no reason exists why a certificate or permit should not be issued. The certificate or permit shall be valid for not more than one calendar year from the date of issuance. (b) The county board of education or city and county board of education shall cancel the temporary certificate or permit immediately upon receipt of certification in writing from the commission that the applicant apparently does not possess adequate academic qualifications or apparently has a criminal record that would disqualify the applicant. (c) A temporary certificate issued to a permit applicant is not valid beyond the time that the commission either issues or denies the originally requested permit. A temporary certificate issued to a credential applicant is not valid beyond the time that the commission provides written notification to the county board of education or city and county board of education that the applicant apparently does not possess adequate qualifications or that the commission has received facts that may cause denial of the application, or beyond the time that the commission either issues or denies the originally requested credential. (d) A county board of education or city and county board of education may not issue a temporary certificate to an applicant whose teaching credential is revoked or suspended. (Amended by Stats. 2016, Ch. 127, Sec. 1. (AB 1918) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44332.5. Source version: id_51349264-e417-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) (1) A school district that may issue warrants pursuant to Section 42647 may, at its discretion, provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district. (2) A school district shall not provide for the registration of a valid certification or other document authorizing the holder to serve in a position requiring certification qualifications as an employee of the school district until the school district has obtained proof that the holder has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission. (b) During any period when summary criminal history information is not available from the Federal Bureau of Investigation, an applicant for an initial credential, certificate, or permit shall not be employed in a position requiring certification qualifications until he or she has met the minimum requirements for a temporary certificate of clearance. A temporary certificate of clearance or a credential, certificate, or permit authorizing service in the public schools shall be issued when the applicant has: (1) Made full disclosure of all facts necessary to establish his or her true identity. (2) (A) Made a statement under penalty of perjury that he or she has not been convicted of a crime that would constitute grounds for the denial of the credential, permit, or certificate applied for. (B) An applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant’s fitness to teach or to perform other duties for which he or she is certificated, or that is related to his or her competence to perform the duties authorized by his or her credential. (3) Paid to the commission the amount of twelve dollars ($12) or the fees or costs that have been or will be assessed by the Federal Bureau of Investigation for the issuance of its summary criminal history of the applicant when this information is once again made available to the commission. The fees authorized by this paragraph shall be applicable to all credentials, permits, and certificates that were applied for or issued after October 1, 1981. (c) Upon receipt of a statement from the Federal Bureau of Investigation that it has no summary criminal history information on the applicant, or upon receipt of the summary criminal history information and clearance by the Committee of Credentials, a temporary certificate of clearance shall be converted to a regular certificate of clearance. (Amended by Stats. 2017, Ch. 199, Sec. 3. (AB 681) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44332.6. Source version: id_6a0172e6-e417-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) (1) Before issuing a temporary certificate pursuant to Section 44332, a county board of education or city and county board of education shall obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission and shall not issue a temporary certificate if the applicant has been convicted of a violent or serious felony. (2) Before issuing a temporary certificate of clearance pursuant to Section 44332.5, a school district shall obtain proof that the applicant has obtained a credential, certificate, or permit authorizing the performance of services in the public schools from the commission and shall not issue a temporary certificate of clearance if the applicant has been convicted of a violent or serious felony. (b) This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony. (c) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (d) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that he or she has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (e) Notwithstanding subdivision (a), a person shall not be denied a temporary certificate or a temporary certificate of clearance solely on the basis that the person has been convicted of a serious felony that is not also a violent felony, if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. (f) (1) Notwithstanding paragraph (1) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee. (2) Notwithstanding paragraph (2) of subdivision (a), a county board of education or city and county board of education may issue a temporary certificate of clearance to an employee currently and continuously employed by a school district within the county who is serving under a valid credential and has applied for a renewal of that credential or for an additional credential without obtaining a certificate of clearance from the commission for that employee. (Amended by Stats. 2017, Ch. 199, Sec. 4. (AB 681) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44333. Source version: id_d4fb599d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. The standard for the exchange credential shall be as prescribed by the commission pursuant to Section 44853. This credential shall authorize service in a position requiring certification qualifications as an exchange certified employee for performance of the services specified in the credential. Services for which a license is required by the Business and Professions Code may not be authorized unless the applicant holds such a license. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44334. Source version: id_d4fb599f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Except as provided in this code, no certification document shall be granted to any person unless and until he has subscribed to the following oath or affirmation: “I solemnly swear (or affirm) that I will support the Constitution of the United States of America, the Constitution of the State of California, and the laws of the United States and the State of California.” The oath or affirmation shall be subscribed and certified or declared, pursuant to Section 2015. 5 of the Code of Civil Procedure, and shall be filed with the commission. Any certificated person who is a citizen or subject of any country other than the United States, and who is employed in any capacity in any of the public schools of the state shall, before entering upon the discharge of his duties, subscribe to an oath to support the institutions and policies of the United States during the period of his sojourn within the state. Upon the violation of any of the terms of the oath or affirmation, the commission shall suspend or revoke the credential which has been issued. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44335. Source version: id_d4fb59a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. The issuance of any teaching credential requires (1) the passing of a satisfactory examination on the provisions and principles of the Constitution of the United States in a community college, college, or university of recognized merit or (2) the satisfactory completion of two semester units of work on the provisions and principles of the Constitution of the United States in any university or college from which undergraduate credits earned are accepted by the commission as meeting undergraduate credit requirements for credentials issued by the commission or in any publicly supported community college in the state. Public and private institutions in California may be authorized to attest to the individual’s satisfaction of this requirement. The requirements of this section do not apply to the designated subjects teaching credential authorizing part-time employment only. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44336. Source version: id_d6fab274-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. When required by the commission, the application for a certification document or the renewal thereof shall be accompanied by a certificate in such form as shall be prescribed by the commission, from a physician and surgeon licensed under the provisions of the Business and Professions Code or a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, showing that the applicant is free from any contagious and communicable disease or other disabling disease or defect unfitting the applicant to instruct or associate with children. (Amended by Stats. 2010, Ch. 512, Sec. 4. (SB 1069) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44337. Source version: id_d4fb59a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. No person otherwise qualified shall be denied the right to receive credentials from the commission, to receive training for the purpose of becoming a teacher, or to engage in practice teaching in any school, on the grounds he or she is an individual with a disability; nor shall any school district refuse to engage a teacher on such grounds, provided, that the teacher, with reasonable accommodations, is able to carry out the duties of the position for which he or she applies in the school district. “Disability,” as used in this section, means (1) a physical or mental impairment that substantially limits one or more of the major life activities of the individual, (2) a record of such an impairment, or (3) being regarded as having such an impairment. (Amended by Stats. 1992, Ch. 913, Sec. 12. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44338. Source version: id_d4fcdf47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. No person otherwise qualified shall be denied the right to receive credentials issued by the commission, to receive training for the purpose of becoming a teacher, or to engage in practice teaching in any school, on the ground he or she is a person with a disability; provided, that the person does not pose a direct threat of substantial harm to the health or safety of other individuals. (Amended by Stats. 1992, Ch. 913, Sec. 13. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44339. Source version: id_d4fcdf49-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) The commission shall adopt, in addition to any other regulations authorized by law, regulations requiring every applicant for a credential, or for the renewal of a credential, to submit reasonable evidence of identification and good moral character. (b) The adopted rules and regulations shall specify that an applicant shall not be required to disclose, and the Committee of Credentials shall not inquire into or consider, any acts or omissions not related to the applicant’s fitness to teach or perform other duties for which he or she is certificated, or which is related to his or her competence to perform the duties authorized by his or her credential. (c) The adopted rules and regulations shall also prescribe the notice which shall be supplied to each applicant on the application form, which shall include the following information: (1) The offenses which constitute grounds for the mandatory denial or revocation of a credential. (2) The offenses for which the commission is authorized to deny or revoke a credential, depending upon the degree of rehabilitation or requalification demonstrated by the applicant. (3) The standards under which the commission determines that it shall not investigate or pursue offenses which are not clearly related to an applicant’s fitness or competence to teach or perform other certificated services. (Amended by Stats. 1982, Ch. 996, Sec. 4. Effective September 14, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44339.5. Source version: id_e1df9b47-fcb8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) The commission, by July 1, 2019, shall authorize the use of an individual tax identification number in lieu of a social security number for purposes of applying for a credential, or the renewal of a credential, when an applicant cannot provide his or her social security number. (b) An applicant shall not be required to disclose citizenship status or immigration status for purposes of the application or renewal of a credential. (c) An applicant shall not be denied a credential based solely on his or her citizenship status or immigration status if otherwise qualified and eligible for the credential. (Added by Stats. 2018, Ch. 838, Sec. 4. (SB 695) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44340. Source version: id_d4fcdf4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Each applicant for a credential, or for the renewal of a credential, shall submit with his application duplicate personal identification cards provided by the commission upon which shall appear the legible fingerprints and a personal description of the applicant. The commission is authorized to, and shall adopt such regulations as may in its judgment be necessary for the administration of this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44341. Source version: id_d4fcdf4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) (1) For the purpose of ascertaining the moral character and true identity of the holder of a credential or an applicant for a credential or the renewal of a credential after jurisdiction to commence an initial review pursuant to subdivision (b) of Section 44242.5 has been established, the commission is authorized to require the production of information, records, reports, and other data from any public agency. For the purposes of determining whether jurisdiction exists, the commission is also authorized to require the limited production of records as set forth in subdivision (f) of Section 44242.5. (2) This information shall be provided to the commission within 30 days of the request. (3) The commission shall maintain the confidentiality of this information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code. (b) Except for the situation prescribed in subdivision (d), every applicant for a credential or for the renewal of a credential shall be deemed to have given his or her consent for the securing of, and disclosure of, information to the commission for the sole purpose of ascertaining the moral character and true identity of the holder of a credential, the applicant for a credential, or a credential holder applying for the renewal of the credential. (c) The Department of Justice shall furnish, upon application of the commission or its authorized representative, all information pertaining to any applicant of whom there is a record in its office except that information which may compromise or prejudice an ongoing criminal investigative matter may be withheld until the matter is completed. (d) With the written consent of an applicant for a credential or a credential holder, the commission upon written request of any private school authority, shall release to that private school authority information and other data relative to the identification or fitness of any applicant for a teaching position in the private school so long as not otherwise prohibited by any other provision of law. (e) Each application for a credential shall contain notice that the information provided by the applicant is subject to investigation for, and verification of, the applicant’s moral character and true identity by means of review of information, records, reports, and other data from any agency or department of the state or any political subdivision of the state, whether chartered by the state or not, secured by the commission for these purposes. (Amended by Stats. 2001, Ch. 342, Sec. 25. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44342. Source version: id_d4fcdf4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Teachers, principals, supervisors, school librarians, superintendents and assistant superintendents, and other certified personnel who are presently employed in public schools in California shall not be adversely affected by this chapter. However, presently employed personnel and those in preparation shall be permitted to seek initial or renewal certification under the terms of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44343. Source version: id_d4fcdf51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. A credential which was issued prior to July 1, 1973, shall remain in force as long as it is valid and continues to be valid under the law and regulations of the commission. The commission may not by regulation invalidate such valid credential unless it issues to the holder thereof, in substitution, a new credential authorized by other sections of this chapter which is no less restrictive than the credential for which it was substituted with respect to the kind of service which it authorizes, and the grades or classes of types of schools in which it authorizes services. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44343.4. Source version: id_c01eb99b-20e6-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) The commission shall issue a comparable credential at the preliminary level to an eligible applicant for the purpose of providing instruction or services in public schools if all of the following requirements are met: (1) The eligible applicant possesses and provides proof of a valid, out-of-state, unexpired, professional-level teaching or services credential. (2) The eligible applicant provides evidence that the eligible applicant is, is married to, or is in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States. (3) The eligible applicant provides either of the following: (A) A copy of their, or their spouse or domestic partner’s, official military orders for reassignment to California. (B) Evidence of their spouse or domestic partner’s death while serving as an active duty member of the Armed Forces of the United States in the previous 12 months. (4) The eligible applicant satisfies the fingerprinting requirement for purposes of conducting a criminal background check and satisfies the professional fitness requirement pursuant to Sections 44339, 44340, and 44341. (b) (1) Except as provided in paragraph (2), a credential issued pursuant to this section shall be valid only for the duration of the military orders pursuant to subparagraph (A) of paragraph (3) of subdivision (a). (2) A credential issued to eligible applicants who provided evidence pursuant to subparagraph (B) of paragraph (3) of subdivision (a) shall be valid for no more than three years. A credential issued pursuant to this paragraph may only be issued once. (c) An eligible applicant licensed under this section may subsequently apply for full licensure in California based on existing pathways for out-of-state prepared educators. (d) The commission shall issue a credential under this section to a spouse of a United States military service member consistent with subdivision (a) of Section 44343.5. (e) For the purposes of this section, the following definitions apply: (1) “Active duty member of the Armed Forces of the United States” means any person serving in a full-time duty status in the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, including members of any reserve component of those forces and members of the National Guard. (2) “Eligible applicant” means any United States military service member or their spouse or domestic partner, or a surviving spouse or domestic partner of a service member who died while serving as an active duty member of the Armed Forces of the United States in the previous 12 months. (Added by Stats. 2023, Ch. 48, Sec. 33. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44343.5. Source version: id_03a453be-e410-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) The commission shall grant or deny a completed application for a credential within seven days of the date that the commission received the application if the applicant does both of the following: (1) Supplies the commission with evidence that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders. (2) Holds a valid teaching credential in another state, district, or territory of the United States. (b) The seven-day processing time set forth in this section shall not apply to an application subject to a fitness review by the commission pursuant to Article 3 (commencing with Section 44240). (Added by Stats. 2017, Ch. 436, Sec. 1. (AB 226) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44344. Source version: id_8b3f0c01-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) The commission shall issue the appropriate credentials authorized by the law operative, and the rules and regulations of the commission in effect on December 31, 1971, to any person who completed the requirements for such credential before September 15, 1974. (b) A person may be issued a credential under this section after September 15, 1974, if that person, between December 31, 1971, and September 15, 1974: (1) Was engaged in teaching in a foreign country, after such person had completed the requirements of such credential. (2) Holds a credential issued under partial fulfillment and was working towards meeting the requirements of that credential and was enrolled in a teacher training institution. (3) Was working towards meeting the requirements of such credential and was prevented from completing those requirements because of active military service, illness, or other causes determined by the commission. (4) Was accepted into and enrolled in a teacher education curriculum at any institution and would be required to take more than 15 semester-hour units or the equivalent quarter-hour units after September 15, 1974, beyond the requirements necessary to receive such credential, in order to meet the requirements of credentials issued under this chapter. (5) Was enrolled in a student-declared degree program at a regionally accredited institution of higher education leading to such credential with at least a junior standing as determined by the institution and would be required to take more than 15 semester-hour units or the equivalent quarter-hour units after September 15, 1974, beyond the requirements necessary to receive such credential, in order to meet the requirements of credentials issued under this chapter. (c) No credential authorized under this law and rules and regulations in effect on December 31, 1971, shall be issued to any person pursuant to the exceptions specified in paragraphs (1) to (5), inclusive, of subdivision (b) after September 15, 1976. (d) For purposes of this section, “teacher education curriculum” means any professional education course or sequence of professional education courses required for a credential authorized by the law operative, and the rules and regulations of the commission in effect on December 31, 1971. (e) For purposes of this section, “student-declared degree program” means any student-elected degree objective at a regionally accredited institution of higher education selected for the purpose of obtaining a credential authorized by the law operative, and the rules and regulations of the commission in effect on December 31, 1971. (Amended by Stats. 2021, Ch. 663, Sec. 26. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44345. Source version: id_d4fe65f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. The commission may deny any application for the issuance of a credential or for the renewal of a credential made by any applicant who falls under any of the following categories: (a) Lacks the qualifications which are prescribed by law or regulations adopted by the commission pursuant thereto. (b) Is physically or mentally so disabled as to be rendered unfit to perform the duties authorized by the credential for which he or she applies. However, the mere fact that an applicant has sought or received psychiatric treatment shall not be considered as preliminary evidence of mental disability and shall not provoke special scrutiny of such applicant’s qualifications for a credential. (c) Is addicted to the use of intoxicating beverages to excess. (d) Is addicted to the use of controlled substances. (e) Has committed any act involving moral turpitude. (f) Has had a certification document revoked. (g) Has intentionally practiced or attempted to practice any material deception or fraud in his or her application. (h) Fails or refuses to furnish reasonable evidence of identification or good moral character. (i) Has been convicted of any offense defined in subdivision 1 of Section 314 of the Penal Code prior to September 7, 1955. Any denial pursuant to subdivisions (a) to (e), inclusive, shall be based upon reasons related to the applicant’s fitness to teach or fitness to perform other duties for which that applicant is certificated, or competence to perform the duties which the credential would authorize the applicant to perform. (Amended by Stats. 1984, Ch. 1635, Sec. 25.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44346. Source version: id_c24fd77e-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) The commission shall deny an application for the issuance of a credential or for the renewal of a credential made by any applicant who comes within any of the following classes: (1) Has been determined to be a sexual psychopath under the provisions of former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state. (2) Has been convicted of a sex offense, as defined in Section 44010. (3) Has been convicted of a controlled substance offense, as defined in Section 44011. (4) Has been found to be insane through a criminal proceeding by a federal court or a court in this or any other state. (b) (1) Notwithstanding paragraphs (2) and (3) of subdivision (a), a person shall not be denied a credential solely on the basis that the person has been convicted of a crime specified in paragraphs (2) and (3) of subdivision (a) if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, and if probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code. (2) Notwithstanding any other law, the commission shall deny the application of an applicant who is required to register as a sex offender pursuant to either of the following: (A) Section 290 of the Penal Code. (B) A law of any other state or of the United States when the underlying offense, if committed or attempted in this state, would require registration as a sex offender under Section 290 of the Penal Code. (c) (1) Notwithstanding paragraph (3) of subdivision (a) or subdivision (b), the commission may issue a credential to a person convicted of a controlled substance offense, as defined in Section 44011, if the commission determines from the evidence presented that the person has been rehabilitated for at least five years, or has received a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or if the accusation or information against the person has been dismissed and the person has been released from all disabilities and penalties resulting from the offense pursuant to Section 1203.4 of the Penal Code. (2) Notwithstanding paragraph (3) of subdivision (a), a person shall not be denied a credential solely on the basis that they have been convicted of a crime specified in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code, if that conviction is more than five years old, and for which relief has been granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49 of the Penal Code. (d) Notwithstanding paragraph (4) of subdivision (a), the commission may issue a credential to a person found to be insane through a criminal proceeding by a federal court or a court in this or any other state if the commission determines from the evidence presented that the person has been rehabilitated for at least five years. (Amended by Stats. 2022, Ch. 814, Sec. 2. (SB 731) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44346.1. Source version: id_d4fe65f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) The commission shall deny any application for the issuance of a credential made by an applicant who has been convicted of a violent or serious felony or a crime set forth in subdivision (a) of Section 44424 or whose employment has been denied or terminated pursuant to Section 44830.1. (b) This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony. (c) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (d) Notwithstanding subdivision (a), the commission may, but is not required to, grant a credential to an applicant who has been convicted of a violent or serious felony if the person is eligible for, and has obtained, a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (Amended by Stats. 2001, Ch. 342, Sec. 26. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44346.5. Source version: id_d8d4a296-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) The Commission on Teacher Credentialing shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all individuals, as described in subdivision (a) of Section 49024, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the individual is free on bail or on his or her own recognizance pending trial or appeal. (b) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the commission. (c) The Department of Justice shall provide a state and federal level response to the commission pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (d) The commission shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for individuals described in subdivision (a) of Section 49024 of this code. (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this section. (f) (1) If a denial of an application for a certificate is due at least in part to the individual’s state or federal criminal history record, the commission shall provide to the individual a copy of his or her criminal history record search response with the notice of the denial. (2) The state or federal criminal history record search response shall not be modified or altered from its form or content as provided by the Department of Justice. (3) The criminal history record search response shall be provided in such a manner as to protect the confidentiality and privacy of the individual’s criminal history record and the criminal history record search response shall not be made available by the commission to any school district or county office of education. (4) The commission shall retain a copy of the individual’s criminal history record search response, and the date and the address to which it was sent. The commission shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation. (Amended by Stats. 2010, Ch. 328, Sec. 41. (SB 1330) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44346.6. Source version: id_b2bde370-802c-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the commission shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all commission employees, prospective employees, contractors, appointees pursuant to Section 44210, and volunteers. (b) The Department of Justice shall provide a state- or federal-level response to the commission pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2024, Ch. 831, Sec. 4. (AB 2473) Effective September 28, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44347. Source version: id_d4ffec9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. The terms of credentials shall be as specified in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44348. Source version: id_d4ffec9d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Except as otherwise specifically required in this chapter, the commission shall establish regulations pertaining to the expiration dates of initially issued and renewed credentials. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44349. Source version: id_d4ffec9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Each credential issued by the commission shall clearly state the kind of service that it authorizes, the grades or classes, or the types of schools in which it authorizes service, and shall have such other content as the commission may prescribe or as may be prescribed by authority of the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44350. Source version: id_c433585c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) Each credential issued shall contain its date of expiration, be issued on a form prescribed by the commission, and bear the signatures of the executive director and the chair of the commission or their facsimile signatures. (b) In order to ensure the timely processing of an application for a credential, either electronically or by printed copy, the commission shall process an application within 50 business days of receipt. (c) A school district, county office of education, nonpublic school, charter school, or institution of higher education submitting an application for a credential, certificate, permit, or other document shall submit the application to the commission not more than three months after the issuance date of the document requested. (d) The processing time set forth in subdivision (b) does not apply to an application subject to a fitness review by the commission pursuant to Article 3 (commencing with Section 44240) of Chapter 2, or an application subject to a fitness review based on allegations of unfitness pursuant to Article 1 (commencing with Section 44420) of Chapter 3. (Amended by Stats. 2007, Ch. 133, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44351. Source version: id_d5017343-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Whenever the date of expiration of any credential occurs while the person holding the credential is in the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service created or authorized as such auxiliary by the Congress of the United States of America or by the Legislature of the State of California or in the service of the United States Merchant Marine, or in the full-time paid service of the American Red Cross, during any national emergency declared by the President of the United States of America, or during a war in which the United States of America is engaged, or within six months after such person honorably leaves such service or has been placed on inactive duty, the credential is hereby continued in force until six months after such person honorably leaves such service or has been placed on inactive duty. The holder of a credential so extended shall be entitled to a renewal of the credential prior to its date of expiration as herein fixed, subject to provisions of this code relating to the renewal of credentials. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44352. Source version: id_d5017345-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Whenever satisfactory proof is presented to the commission by any person to whom the commission has granted a credential that has been lost or destroyed, the commission shall issue to him a new credential of the same kind, grade, character, and tenure as that lost or destroyed. For issuance of the new credential the commission shall require a fee to cover the cost of replacement not to exceed the fee for issuance of an original credential pursuant to Section 44235. The revenues from the fee provided for in this section shall not be available for expenditure until appropriated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44353. Source version: id_d5017347-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Satisfactory proof shall consist of an affidavit by the person, giving the kind of the credential, the date of issue, if possible, and the basis upon which it was issued, together with such other information as the issuing authority may require. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44354. Source version: id_d5017349-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. Any oath required of an applicant for a credential may be administered by any of the persons enumerated in Section 60, by such employees of the Department of Education as the Superintendent of Public Instruction may designate, and by such employee of the commission as the commission may designate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 8. Certificates and Credentials [44330 - 44355] SECTION 44355. Source version: id_d501734b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=8. (a) Except as provided in subdivision (b), all credentials regularly issued are valid until revoked, suspended, or expired as provided by law. (b) A credential issued under either of the following circumstances is void and shall be deemed to be void from the date it was issued: (1) A credential which would not have been issued but for a material deception or fraud committed by an applicant or by another in the applicant’s behalf; or (2) A credential which the commission had no lawful authority to issue and which would not have been issued but for some material mistake of law or fact by either or both the applicant and the commission. (c) A notice that a credential is void pursuant to paragraph (1) or (2) of subdivision (b) shall be served upon the credential holder at his or her last known address as provided in Section 1013 of the Code of Civil Procedure. Within 30 days thereafter, such notice may be appealed to the commission only on the grounds that there was no fraud, material deception, or error and that the commission had the lawful authority to issue the credential on the facts stated in the application. (Added by Stats. 1980, Ch. 488, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 9. Penalties for the Submission of Fraudulent Documents [44360 - 44362] SECTION 44360. Source version: id_d502f9ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=9. Any person is guilty of a misdemeanor who, individually or in a representative or any other capacity, does any of the following: (a) Alters with fraudulent intent, or uses or attempts to use any altered diploma, certificate, transcript, affidavit, or any other evidence to be used in obtaining a credential or certificate authorizing service in the public schools. (b) Assumes any degree or title not conferred upon him or her in the manner and by the authority recognized in this chapter with intent to represent falsely that he or she has received that degree or title, or who willfully makes any false statement on any application for examination, license, credential, or certificate under this chapter. (c) Sells, barters, or offers to sell or barter, or purchase or procure directly or indirectly with the intent that it be fraudulently used, any license, credential, or permit authorizing service in the public schools, or any diploma, certificate, affidavit, transcript, or any other evidence required for use in connection with any application for, or the granting of any license, credential, or certificate authorizing service in, the public schools. (d) Performs or attempts to perform any teaching or other certified service in any public school under a false or assumed name, or under any name other than that inscribed by the commission on any license, credential, or certificate authorizing him or her to perform those services. This provision shall not apply to persons who, because of marriage or other good faith reasons, have given notice of a name change. (e) Refuses or willfully fails to surrender upon demand of the commission, his or her license, credential, or certificate authorizing teaching or service in the public schools upon revocation, suspension, or voiding of those documents under this chapter. (Added by Stats. 1986, Ch. 632, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 9. Penalties for the Submission of Fraudulent Documents [44360 - 44362] SECTION 44361. Source version: id_d502f9f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=9. Every person filing for record or attempting to file for record the license, credential, or certificate issued to another person, falsely claiming himself or herself to be the person named in or entitled to the license, credential, or certificate, is guilty of a misdemeanor and, upon conviction thereof, shall be subject to imprisonment in the county jail for not more than one year. (Added by Stats. 1986, Ch. 632, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 2. Teacher Credentialing [44200 - 44418] ARTICLE 9. Penalties for the Submission of Fraudulent Documents [44360 - 44362] SECTION 44362. Source version: id_d502f9f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=2.&article=9. Every fact necessary to establish the qualifications of an applicant for the issuance of any license, credential, or certificate authorizing the performance of services in the public schools shall be verified under penalty of perjury. An oath to this effect shall be displayed prominently on each application form, and shall be dated and subscribed by the applicant. (Added by Stats. 1986, Ch. 632, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44420. Source version: id_d513c319-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) If any person employed by a school district in a position requiring certification qualifications refuses, without good cause, to fulfill a valid contract of employment with the district or leave the service of the district without the consent of the superintendent, if any, or the governing board, of the district except in the manner provided for by law, the commission may, after proof of this fact is made to it, take an adverse action on the credential holder but may not suspend the credential for more than one year or revoke the credential. (b) If the credentials issued to the person by the commission have been subject to adverse action pursuant to subdivision (a), the commission may, if the credentials again become subject to suspension under this section, suspend the credentials for not more than two years. (c) The commission shall investigate allegations brought under this section in accordance with Section 44242.5. (Amended by Stats. 2001, Ch. 342, Sec. 29. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44420.5. Source version: id_037e1603-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. As used in this chapter, the following definitions apply: (a) “Institution of higher education” has the same meaning as used in Section 44203. (b) “Regionally accredited” has the same meaning as used in Section 44203. (Added by Stats. 2021, Ch. 663, Sec. 27. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44421. Source version: id_de8a9d17-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. The Commission on Teacher Credentialing shall privately admonish, publicly reprove, revoke or suspend for immoral or unprofessional conduct, or for persistent defiance of, and refusal to obey, the laws regulating the duties of persons serving in the public school system, or for any cause that would have warranted the denial of an application for a credential or the renewal thereof, or for evident unfitness for service. (Amended by Stats. 2009, Ch. 53, Sec. 7. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44421.1. Source version: id_d513c31d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) Notwithstanding Section 44421, the commission shall take an appropriate adverse action on any credential holder who knowingly and willfully uses school records of pupil data in connection with, or implicitly or explicitly attempts to recruit a pupil to be a customer for, any business owned by the credential holder or in which the credential holder is an employee. (b) The commission shall investigate allegations brought under this section in accordance with Section 44242.5. (Amended by Stats. 2001, Ch. 342, Sec. 30. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44421.5. Source version: id_d513c31f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) Notwithstanding Section 44421, the commission shall take an appropriate adverse action on any credential holder who knowingly and willfully reports false fiscal expenditure data relative to the conduct of any educational program. (b) The commission shall investigate allegations brought under this section in accordance with Section 44242.5. (Amended by Stats. 2001, Ch. 342, Sec. 31. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44422. Source version: id_e267b039-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. Whenever the holder of a credential issued by the State Board of Education or the Commission on Teacher Credentialing is charged with immoral or unprofessional conduct or evident unfitness for service or persistent defiance of, and refusal to obey, the laws regulating the duties of his or her position, the commission in its discretion after notifying the person charged of its intention to do so, may require the county board of education of the county in which he or she is serving or has last served to give notice of, and conduct, a hearing of the charges in the manner prescribed by law for the hearing of charges for private admonition, or for the revocation or suspension of a certificate by a county board of education. The county board of education, after the hearing, shall report to the commission its findings, and a summary of the evidence, and shall make a definite recommendation concerning the revocation or suspension of the credential. Upon receipt of a copy of the findings, summary of evidence, and recommendation, the commission may privately admonish the holder of the credential, or suspend or revoke the credential for the causes stated, or order the charges dismissed. (Amended by Stats. 2009, Ch. 53, Sec. 8. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44423. Source version: id_d513c323-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) Whenever the holder of any credential issued by the commission requests in writing that the credential held by him or her be revoked, the commission shall revoke the credential. (b) Notwithstanding a revocation pursuant to subdivision (a), the commission shall retain its authority to act under subdivision (b) of Section 44440. (Amended by Stats. 2001, Ch. 342, Sec. 32. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44423.5. Source version: id_9f7c21dc-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) The commission shall suspend the credential of a holder when it receives notice that another state has taken final action to revoke a credential or license authorizing the holder of the credential to perform any duty in the public schools of another state. The suspension shall not take effect until the commission verifies by reviewing documents as set forth in paragraph (4) of subdivision (d) of Section 44242.5 that the underlying acts of misconduct in the other state could result in a revocation of a credential in this state. The suspension shall remain in effect until the commission takes final action on a recommendation of the Committee of Credentials following a review in accordance with Sections 44242.5, 44242.7, 44244, 44244.1, and 44245. (b) Nothing in this section is intended to require the commission to revoke the credential of an individual whose credential has been suspended pursuant to subdivision (a). The commission shall exercise its independent judgment in making a decision in each case. (Added by Stats. 2008, Ch. 578, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44423.6. Source version: id_a014432e-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) (1) The commission shall revoke the credential of a holder when it receives notice that the ability of the holder of the credential to associate with minors has been limited as a term or condition of probation or sentencing resulting from a criminal conviction in this state, another state, or the United States. The limitation shall include, but is not limited to, a prohibition of associating or contact with minors, or a prohibition of associating with minors unless under supervision or in the presence of another adult. (2) Paragraph (1) shall not apply to a conviction based solely on violating an order as set forth in subdivision (a) of Section 273.6 of the Penal Code. (b) The commission shall revoke the credential of a holder upon receipt of notice that the holder of the credential has been ordered to surrender a credential or certification document as a term or condition of probation or sentencing resulting from a criminal conviction in this state, another state, or the United States. The limitation shall include, but not be limited to, an order to surrender or self revoke a credential authorizing service in a public school. (c) A person whose credential is revoked pursuant to this section shall not apply to the commission for reinstatement of the credential pursuant to Section 11522 of the Government Code until the terms or conditions imposed by the conviction, as described in subdivision (a) or (b) of this section, are lifted. (Added by Stats. 2008, Ch. 578, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44424. Source version: id_07f15f13-fcd6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) Upon the conviction of the holder of any credential issued by the State Board of Education or the Commission on Teacher Credentialing of a violation, or attempted violation, of a violent or serious felony as described in Section 44346.1, or any one or more of Penal Code Sections 187 to 191, inclusive, 192 insofar as this section relates to voluntary manslaughter, 193, 194 to 217.1, inclusive, 220, 222, 244, 245, 261 to 267, inclusive, 273a, 273ab, 273d, 273f, 273g, 278, 285 to 288.7, inclusive, former Penal Code Section 288a, Penal Code Sections 424, 425, 484 to 488, inclusive, insofar as these sections relate to felony convictions, 503 and 504, or of any offense involving lewd and lascivious conduct under Section 272 of the Penal Code, or any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the offenses specified in this section, becoming final, the commission shall revoke the credential. (b) Upon a plea of nolo contendere as a misdemeanor to one or more of the crimes set forth in subdivision (a), all credentials held by the respondent shall be suspended until a final disposition regarding those credentials is made by the commission. Any action that the commission is permitted to take following a conviction may be taken after the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code. (c) The commission shall revoke a credential issued to a person whose employment has been denied or terminated pursuant to Section 44830.1. (d) Notwithstanding subdivision (a), a credential shall not be revoked solely on the basis that the applicant or holder has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (Amended by Stats. 2018, Ch. 423, Sec. 11. (SB 1494) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44425. Source version: id_a0b42bb0-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) Whenever the holder of a credential issued by the state board or the Commission on Teacher Credentialing has been convicted of a sex offense, as defined in Section 44010, or controlled substance offense, as defined in Section 44011, the commission immediately shall suspend the credential. If the conviction is reversed and the holder is acquitted of the offense in a new trial or the charges against him or her are dismissed, the commission immediately shall terminate the suspension of the credential. When the conviction becomes final or when imposition of sentence is suspended, the commission immediately shall revoke the credential. (b) (1) Notwithstanding subdivision (a) and Section 44009, if the holder of a credential enters a plea of nolo contendere for a violation of subdivision (d) of Section 647 of the Penal Code, the commission of a sex offense as defined in Section 44010, all credentials held by the individual shall be suspended until a final disposition regarding those credentials is made by the commission. Any action that the commission is permitted to take following a conviction may be taken after the time for appeal has elapsed, the judgment of conviction has been confirmed on appeal, or when an order granting probation is made suspending the imposition of sentence and the time of appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of a subsequent order pursuant to Section 1203.4 of the Penal Code. (2) The Legislature shall convene a working group of interested parties including, but not limited to, the commission, civil rights organizations, and organizations that represent teachers, administrators, county offices of education, school districts, school boards, and parents to study Sections 44010, 44011, and 44424, and to provide a report on its findings on or before December 1, 2009. (c) Notwithstanding any other law, revocation shall be final without possibility of reinstatement of the credential if the conviction is for a felony sex offense, as defined in Section 44010, or a felony controlled substance offense, as defined in Section 44011, in which an element of the controlled substance offense is either the distribution to, or use of a controlled substance by, a minor. (d) (1) Notwithstanding any other provision of law, the commission immediately shall suspend the credential of any holder who is required to register as a sex offender pursuant to either of the following: (A) Section 290 of the Penal Code. (B) A law of any other state or of the United States when the underlying offense, if committed in this state, would require registration as a sex offender pursuant to Section 290 of the Penal Code. (2) If the conviction requiring registration as a sex offender is reversed on appeal and the holder is acquitted at a new trial or if the charges against the holder are dismissed as a result of the reversal, upon notice, the commission shall immediately reinstate the credential. (3) The commission immediately shall revoke a credential based on a conviction requiring registration as a sex offender when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence and the time for appeal has elapsed. (e) A credential holder whose credential has not been revoked pursuant to subdivision (a) as a result of a misdemeanor sex offense, as defined in Section 44010, that does not require registration as a sex offender as set forth in subdivision (c), may apply for reinstatement of his or her credential pursuant to Section 11522 of the Government Code if the accusation or information against the holder has been dismissed and he or she has been released from all disabilities and penalties resulting from the offense pursuant to Section 1203.4 of the Penal Code or the equivalent statute in another federal or state jurisdiction. (Amended by Stats. 2008, Ch. 577, Sec. 3. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44425.5. Source version: id_d51549c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. Whenever the holder of any credential issued by the State Board of Education or the Commission on Teacher Credentialing is found to be insane, by a federal court or a court in this or any other state, the commission shall immediately revoke all credentials held by the person. Notwithstanding any other provision of law, revocation shall be final without possibility of reinstatement of the credentials if the holder of the credential is charged with a felony sex offense, as defined in Section 44010, a felony controlled substance offense, as defined in Section 44011, in which an element of the controlled substance offense is either the distribution to, or use of a controlled substance by, a minor, or murder, as defined in Section 187 of the Penal Code, and, in response to the charge, the holder of the credential is found to be insane through a criminal proceeding by a federal court or a court in this or any other state. (Added by Stats. 1995, Ch. 140, Sec. 2. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44426. Source version: id_e63f451b-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. Whenever the holder of a credential issued by the State Board of Education or the Commission on Teacher Credentialing has been determined to be a sexual psychopath under the provisions of Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state, the commission shall forthwith suspend the credential. If the determination is reversed and the holder is determined not be a sexual psychopath in a new proceeding or the proceeding to determine whether he or she is a sexual psychopath is dismissed, the commission shall forthwith terminate the suspension of the credential. When the determination becomes final, the commission shall forthwith revoke the credential. (Amended by Stats. 2009, Ch. 53, Sec. 9. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44427. Source version: id_d516d06d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. County boards of education may revoke or suspend, for immoral or unprofessional conduct, evident unfitness for teaching, or persistent defiance of, and refusal to obey the laws regulating the duties of, teachers, the certificates granted by them. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44428. Source version: id_d516d06f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. No certificate shall be revoked or suspended, except upon the written request of its holder, until after a hearing before the county board of education, and then only upon the affirmative vote of at least four members of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44429. Source version: id_d516d071-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. All charges of immoral or unprofessional conduct, of evident unfitness for teaching, or persistent defiance of, and refusal to obey the laws regulating the duties of teachers, shall be presented to the board in writing and shall be verified under oath. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44430. Source version: id_d516d073-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. Notice of the time of hearing and a full and complete copy of the charges shall be furnished to the accused at least 10 days before the hearing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44431. Source version: id_d5185715-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. The accused shall be given a fair and impartial hearing and shall have the right to be represented by counsel. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44432. Source version: id_d5185717-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. The hearing shall be governed by and conducted under the rules of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44433. Source version: id_d5185719-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. If any teacher employed by a board of school trustees for a specified time, leaves the school before the expiration of the time, without the consent of the trustees, in writing, the teacher is guilty of unprofessional conduct, and the board of education of the county, upon receiving notice of the fact, may suspend the certificate of the teacher for the period of one year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44434. Source version: id_d518571b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. Each city or city and county board of examination may for immoral and unprofessional conduct, profanity, intemperance, or evident unfitness for teaching, recommend to the city or city and county board of education, the revocation of any certificate previously granted by the board of education in the city or city and county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44435. Source version: id_4ab69275-fcd6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. Upon the becoming final of the conviction of the holder of a certificate issued by a county board of education of a violation or attempted violation of any one or more of Penal Code Sections 187 to 191, 192 insofar as that section relates to voluntary manslaughter, 193, 194 to 232, inclusive, 244, 245, 261 to 267, inclusive, 273a, 273f, 273g, 278, 285 to 288.7, both inclusive, former Penal Code Section 288a, Penal Code Sections 424, 425, 484 to 488, both inclusive, insofar as those sections relate to grand theft, 503 and 504, or of Penal Code Section 272, the county board of education shall revoke the certificate. (Amended by Stats. 2018, Ch. 423, Sec. 12. (SB 1494) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44436. Source version: id_d518571f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. Whenever the holder of a certificate issued by a county board of education has been convicted of any sex offense as defined in Section 44010 or controlled substance offense as defined in Section 44011, the county board of education shall forthwith suspend the certificate. If the conviction is reversed and the holder is acquitted of the offense in a new trial or the charges against him or her are dismissed, the board shall forthwith terminate the suspension of the certificate. When the conviction becomes final or when imposition of sentence is suspended, the board shall forthwith revoke the certificate. (Amended by Stats. 1984, Ch. 1635, Sec. 28.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44437. Source version: id_d519ddc1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. Whenever the holder of a certificate issued by a county board of education has been determined to be a sexual psychopath under the provisions of Article 1 (commencing with Section 6300), Chapter 2, Part 2, Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state, the county board of education shall forthwith suspend the certificate. If the determination is reversed and the holder is determined not to be a sexual psychopath in a new proceeding or the proceeding to determine whether he is a sexual psychopath is dismissed, the board shall forthwith terminate the suspension of the certificate. When the determination becomes final, the board shall forthwith revoke the certificate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44438. Source version: id_91621783-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) “Private admonition,” as used in this article and in Article 3 (commencing with Section 44240) of Chapter 2, is a warning, in writing, to the applicant or credentialholder that states in ordinary and concise language the act or omission of the applicant or credentialholder and further states that repetition of that act or omission may result in denial, suspension, or revocation of the credential. (b) The private admonition shall be included in the applicant’s or credential holder’s file, maintained by the commission. (c) The applicant’s or credentialholder’s employer at the time of admonition shall receive a copy of the admonition and shall not make that copy accessible or disclose the contents thereof, unless the applicant or credentialholder consents, in writing, thereto. (d) For purposes of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, the private admonition is deemed a personnel record within the meaning of Section 7927.700 of the Government Code. (e) The commission and the applicant’s or credentialholder’s employer shall expunge all records pertaining to the private admonition maintained in the applicant’s or credentialholder’s files pursuant to subdivisions (b) and (c) at the expiration of three years, so long as there is no recurrence of the offense. (Amended by Stats. 2021, Ch. 615, Sec. 68. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44439. Source version: id_d519ddc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. The commission may take an adverse action on the ground that an applicant or credential holder has subverted or attempted to subvert any licensing examination or the administration of an examination, including, but not limited to: (a) Conduct that violates the security of the examination materials; removing from the examination room any examination materials; the unauthorized xerographic, photographic, or other mechanical reproduction of any portion of the actual licensing examination; aiding by any means the unauthorized xerographic, photographic, or other mechanical reproduction of any portion of the actual licensing examination; paying or using professional or paid examination-takers for the purpose of reconstructing any portion of the licensing examination; obtaining examination questions or other examination material, except by specific authorization either before, during, or after an examination or use or purport to use any examination questions or materials which were improperly removed or taken from any examination for the purpose of instructing or preparing applicants for examinations; or selling, distributing, buying, receiving or having unauthorized possession of any portion of a future, current, or previously administered licensing examination. (b) Conduct that violates the standard of examination administration; communicating with any other examinee during the administration of a licensing examination; copying answers from another examinee or permitting one’s answers to be copied by another examinee; having in one’s possession during the administration of the licensing examination any books, equipment, notes, written or printed materials, or data of any kind, other than the examination materials distributed, or otherwise authorized to be in one’s possession during the examination; or impersonating any examinee or having an impersonator take the licensing examination on one’s behalf. (c) The commission shall investigate allegations brought under this section in accordance with Section 44242.5. (Amended by Stats. 2001, Ch. 342, Sec. 33. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 1. Revocation and Suspension of Certification Documents [44420 - 44440] SECTION 44440. Source version: id_d519ddc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=1. (a) No applicant who is under review by the commission shall be allowed to withdraw his or her application for a credential without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the credential upon any ground provided by law, or to enter an order denying the credential upon any ground provided by law. (b) The suspension or expiration of any credential, its surrender without the written consent of the commission, or a revocation pursuant to Section 44423 does not deprive the commission of its authority to do any of the following: (1) Institute or continue a disciplinary proceeding against the credential holder upon any ground provided by law. (2) Enter an order suspending or revoking the credential. (3) Issue a public reproval or private admonition to the credential holder. (Amended by Stats. 2001, Ch. 342, Sec. 34. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 10.5. In-Service Training: Anabolic Steroids [44645- 44645.] SECTION 44645. Source version: id_d5400355-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=10.5. (a) The Legislature hereby finds and declares that the use of anabolic steroids to expedite the physical development and enhance the performance level of secondary school athletes presents a serious health hazard to these pupil athletes. Therefore it is the intent of the Legislature to encourage county offices of education and school districts that offer in-service training to credentialed staff who provide health education, physical education, or science education to pupils to include, where appropriate, within the in-service training for any one of those subjects new developments in the scientific understanding of anabolic steroids as well as new education techniques directed at preventing the use of anabolic steroids. (b) It is also the intent of the Legislature that: (1) Participation in the training be voluntary on the part of the credentialed staff. (2) To the extent possible, training be provided to a team of educators. (3) The training be provided by persons with expertise on the effects of anabolic steroids. (c) It is further the intent of the Legislature that State Department of Education develop guidelines for the provision of in-service training relating to the use of anabolic steroids. In developing and providing the in-service training, county offices of education and school districts are encouraged to cooperate and collaborate with the State Department of Education. (Added by Stats. 1993, Ch. 424, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 11. Evaluation and Assessment of Performance of Certificated Employees [44660 - 44665] SECTION 44660. Source version: id_d5418a05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=11. It is the intent of the Legislature that governing boards establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state, including schools conducted or maintained by county superintendents of education. The system shall involve the development and adoption by each school district of objective evaluation and assessment guidelines which may, at the discretion of the governing board, be uniform throughout the district or, for compelling reasons, be individually developed for territories or schools within the district, provided that all certificated personnel of the district shall be subject to a system of evaluation and assessment adopted pursuant to this article. This article does not apply to certificated personnel who are employed on an hourly basis in adult education classes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 11. Evaluation and Assessment of Performance of Certificated Employees [44660 - 44665] SECTION 44661. Source version: id_d54310a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=11. In the development and adoption of guidelines and procedures pursuant to this article, the governing board shall avail itself of the advice of the certificated instructional personnel in the district’s organization of certificated personnel; provided, however, that the development and adoption of guidelines pursuant to this article shall also be subject to the provisions of Article 1 (commencing with Section 7100) of Chapter 2 of Part 5 of Division 1 of Title 1. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 11. Evaluation and Assessment of Performance of Certificated Employees [44660 - 44665] SECTION 44661.5. Source version: id_d54310a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=11. When developing and adopting objective evaluation and assessment guidelines pursuant to Section 44660, a school district may, by mutual agreement between the exclusive representative of the certificated employees of the school district and the governing board of the school district, include any objective standards from the National Board for Professional Teaching Standards or any objective standards from the California Standards for the Teaching Profession if the standards to be included are consistent with this article. If the certificated employees of the school district do not have an exclusive representative, the school district may adopt objective evaluation and assessment guidelines consistent with this section. (Added by Stats. 1999, Ch. 279, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 11. Evaluation and Assessment of Performance of Certificated Employees [44660 - 44665] SECTION 44662. Source version: id_d54310ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=11. (a) The governing board of each school district shall establish standards of expected pupil achievement at each grade level in each area of study. (b) The governing board of each school district shall evaluate and assess certificated employee performance as it reasonably relates to: (1) The progress of pupils toward the standards established pursuant to subdivision (a) and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments. (2) The instructional techniques and strategies used by the employee. (3) The employee’s adherence to curricular objectives. (4) The establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities. (c) The governing board of each school district shall establish and define job responsibilities for certificated noninstructional personnel, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (b) and shall evaluate and assess the performance of those noninstructional certificated employees as it reasonably relates to the fulfillment of those responsibilities. (d) Results of an employee’s participation in the Peer Assistance and Review Program for Teachers established by Article 4.5 (commencing with Section 44500) shall be made available as part of the evaluation conducted pursuant to this section. (e) The evaluation and assessment of certificated employee performance pursuant to this section shall not include the use of publishers’ norms established by standardized tests. (f) Nothing in this section shall be construed as in any way limiting the authority of school district governing boards to develop and adopt additional evaluation and assessment guidelines or criteria. (Amended by Stats. 1999, 1st Ex. Sess., Ch. 4, Sec. 4. Effective June 25, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 11. Evaluation and Assessment of Performance of Certificated Employees [44660 - 44665] SECTION 44663. Source version: id_d54310ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=11. (a) Evaluation and assessment made pursuant to this article shall be reduced to writing and a copy thereof shall be transmitted to the certificated employee not later than 30 days before the last schoolday scheduled on the school calendar adopted by the governing board for the school year in which the evaluation takes place. The certificated employee shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee’s personnel file. Before the last schoolday scheduled on the school calendar adopted by the governing board for the school year, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation. (b) In the case of a certificated noninstructional employee, who is employed on a 12-month basis, the evaluation and assessment made pursuant to this article shall be reduced to writing and a copy thereof shall be transmitted to the certificated employee no later than June 30 of the year in which the evaluation and assessment is made. A certificated noninstructional employee, who is employed on a 12-month basis shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee’s personnel file. Before July 30 of the year in which the evaluation and assessment takes place, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation and assessment. (Amended by Stats. 1986, Ch. 393, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 11. Evaluation and Assessment of Performance of Certificated Employees [44660 - 44665] SECTION 44664. Source version: id_0f0cfc24-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=11. (a) Evaluation and assessment of the performance of each certificated employee shall be made on a continuing basis as follows: (1) At least once each school year for probationary personnel. (2) At least every other year for personnel with permanent status. (3) At least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301, et seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time. (b) The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the employee. If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board, the employing authority shall notify the employee in writing of that fact and describe the unsatisfactory performance. The employing authority shall thereafter confer with the employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her performance. If any permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the employee until the employee achieves a positive evaluation or is separated from the district. (c) Any evaluation performed pursuant to this article which contains an unsatisfactory rating of an employee’s performance in the area of teaching methods or instruction may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the employee’s performance and to further pupil achievement and the instructional objectives of the employing authority. If a district participates in the Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), any certificated employee who receives an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the Peer Assistance and Review Program for Teachers. (d) Hourly and temporary hourly certificated employees, other than those employed in adult education classes who are excluded by the provisions of Section 44660, and substitute teachers may be excluded from the provisions of this section at the discretion of the governing board. (Amended by Stats. 2005, Ch. 677, Sec. 28. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 11. Evaluation and Assessment of Performance of Certificated Employees [44660 - 44665] SECTION 44665. Source version: id_d5449751-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=11. For purposes of this article, “employing authority” means the superintendent of the school district in which the employee is employed, or his designee, or in the case of a district which has no superintendent, a school principal or other person designated by the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 12. School-Based Management and Advanced Career Opportunities for Classroom Teachers Programs [44666 - 44669] SECTION 44666. Source version: id_d5449755-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=12. (a) The Legislature finds that a primary goal of every public school should be the creation of effective and productive learning environments for pupils. Increasing the educational effectiveness and productivity of public schools may require new ways of organizing instructional and adminstrative staff which increase the collective investment of all schoolsite educators in the success of their school. The Legislature also finds that innovation and change are frequently discouraged by undue administrative and organizational rigidity. The Legislature intends that the school district’s role in working with schoolsites be characterized by setting clear goals, providing sites the flexibility to achieve those goals, offering high quality technical assistance and support, and holding sites accountable for performance. The Legislature supports shifting from a rule-based system to a performance-based system of accountability. Those educators closest to pupils should be free, within limits, to create learning environments appropriate to their circumstances. The Legislature declares its intent not to diminish the leadership roles of school districts and site-level administrators. However, the Legislature does intend to encourage schools to foster more professional collaboration where teachers and principals, as an educational team, are responsible for creating the conditions that make more effective teaching and learning possible, and where schoolsite educators as a group have responsibility for the functioning and performance of their school. It is the further intent of the Legislature to encourage and foster a shift in public school administration from a system that rigidly controls and directs what goes on at the next lowest level, to a system that guides and facilitates professionals in their quest for more productive learning opportunities for their pupils. (b) The Legislature further finds and declares all of the following: (1) Hierarchical decisionmaking has tended to reduce the effectiveness and productivity of teachers in educating pupils. A more collaborative decisionmaking process may result in more effective teaching and pupil learning. (2) A true profession should offer individuals the opportunity for growth in their careers and in their professional lives. (3) Professional growth brings with it additional responsibilities and accountability, and taking greater responsibility allows the professional to achieve enhanced status and higher salary, and to make a contribution to the profession. (4) The current staffing structures and compensation structures in California school districts that emphasize seniority in setting teacher salaries and uniformity in teachers’ roles do not adequately reward teaching excellence, exceptional achievement, or the assumption of additional educational responsibilities by teachers. Neither do they provide an incentive for teachers to continue to pursue excellence. (5) The establishment of advanced career opportunities for teachers, in conjunction with greater teacher involvement in schoolsite management, should increase the variety and responsibility of a teacher’s work. It should also provide: (A) a mechanism for restructuring salary schedules to recognize experience, additional work and responsibility; and (B) the opportunity for performance-based contracts with teachers or groups of teachers. (6) Advanced career opportunities for teachers should also provide an incentive for teachers to remain in teaching, upgrade their skills, and improve the instructional program. (Added by Stats. 1989, Ch. 1282, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 12. School-Based Management and Advanced Career Opportunities for Classroom Teachers Programs [44666 - 44669] SECTION 44667. Source version: id_d5461df7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=12. (a) It is the intent of the Legislature to encourage school districts to plan and implement alternative models of school-based management projects, or advanced career opportunities for classroom teachers projects, or a combination of both, for one or more schools in the district. Further, it is the intent of the Legislature that school district governing boards and administrators work with classroom teachers and teacher bargaining units to develop and strengthen procedures that increase teachers’ decisionmaking authority in responsibilities that affect their ability to teach. These procedures may include, but need not be limited to, the following: (1) Selection of new teachers and administrators. (2) Evaluation of teacher and administrator performance. (3) Selection of curricular areas for improvement. (4) Tailoring and coordination of curriculum and instruction across grade levels and within departments at the schoolsite level. (5) Establishment of pupil discipline policies. (6) Design and conduct of staff development programs and policies. (7) Assignment of pupils and scheduling of classes. (8) Schoolwide problem solving and program development. (9) Organization of the school for effective instruction. (10) Development of procedures designed to institutionalize teacher involvement in decisionmaking. (11) Determining the roles and functions of teachers, administrators, and classified employees at the school site. (12) Development of alternative methods of teacher compensation that reward teaching excellence, exceptional achievement or the assumption of additional educational responsibilities. (13) Establishment of policies to decentralize district decisionmaking by providing schoolsite administrators and teachers with greater budget authority including the allocation of fiscal, personnel, and other resources at the schoolsite. (b) Participation of school discticts in the programs established pursuant to this article shall be on a voluntary basis. A school district shall be eligible to participate only upon the approval of participation by both the governing board of the district and the exclusive representative of certificated employees of the district. (Added by Stats. 1989, Ch. 1282, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 12. School-Based Management and Advanced Career Opportunities for Classroom Teachers Programs [44666 - 44669] SECTION 44667.2. Source version: id_d5461df9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=12. It is the intent of the Legislature that each school district’s school-based management proposal shall include the following: (a) A plan for involving parents in the planning, implementation, and evaluation of school restructuring efforts. (b) A plan for staff development that shall be made available to participating school personnel in order to assist in restructuring elements specified in the district proposal. (c) A plan for regularly assessing the progress of participating schools in meeting the goals identified in their funding proposal. Assessment plans shall include provisions for the collection of information on various school-level indicators including pupil performance, detentions, pupil and teacher absenteeism, and staff turnover. Districts are encouraged, as well, to establish a process of onsite quality reviews with the objective of evaluating the quality of instruction, leadership, staff development, and the planning and decisionmaking processes at participating schools. (Added by Stats. 1989, Ch. 1282, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 12. School-Based Management and Advanced Career Opportunities for Classroom Teachers Programs [44666 - 44669] SECTION 44668. Source version: id_d5461dfb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=12. (a) “Advanced career opportunities for classroom teachers” means a compensation system developed jointly by the governing board of a school district and the exclusive representative of certificated employees for one or more of the schools in the district that may include the following components: (1) Extended contract days. (2) Additional pay for additional duties or responsibilities. (3) Differentiated staffing. (4) Additional pay for meeting contracted performance goals. (b) Each Advanced Career Opportunity Program shall include the following components: (1) Fair selection procedures for job enlargement activities. (2) An evaluation procedure developed jointly by the governing board of the district and the exclusive representative of certificated employees that provides for periodic, fair, objective, and consistent evaluation of educator performance for purposes of placement and career advancement. (3) A plan for the periodic review of the district’s Advanced Career Opportunity Program. (Added by Stats. 1989, Ch. 1282, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 12. School-Based Management and Advanced Career Opportunities for Classroom Teachers Programs [44666 - 44669] SECTION 44669. Source version: id_d5461dfd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=12. (a) Notwithstanding any other provision of law, for the purposes of implementing a program established pursuant to this article, the State Board of Education may waive any part, article, or section of this code, or any regulation adopted by the State Board of Education that implements this code upon request by a governing board of a school district on a districtwide basis or on behalf of its schools or programs, if the governing board does both of the following: (1)Provides written documentation that the exclusive representative of certificated employees concurs with the request. Failure of the exclusive representative of certificated employees to concur in the waiver request shall constitute cause for its denial. (2) Demonstrates that the waiver request is necessary to implement the proposed pilot project. (b) Subdivision (a) does not apply to Section 51513 or Part 26 (commencing with Section 46000), other than Section 46206. (Amended by Stats. 1998, Ch. 313, Sec. 3. Effective August 19, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 13. Principal Evaluation System [44670 - 44671] SECTION 44670. Source version: id_59ceab8a-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=13. (a) The governing board of a school district may identify who will conduct the evaluation of each school principal. (b) A school principal may be evaluated annually for the first and second year of employment as a new principal in a school district. The governing board may determine the frequency at regular intervals of evaluations after this period. (c) Additional evaluations that occur outside of the regular intervals determined by the governing board may be agreed upon between the evaluator and the principal. (d) Evaluators and principals may review school success and progress throughout the year. This review should include goals that are defined by the school district. (Added by Stats. 2012, Ch. 435, Sec. 2. (SB 1292) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 13. Principal Evaluation System [44670 - 44671] SECTION 44671. Source version: id_59ceab8c-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=13. (a) Criteria for effective school principal evaluations may be based upon the California Professional Standards for Educational Leaders. These standards identify a school administrator as being an educational leader who promotes the success of all pupils through leadership that fosters all of the following: (1) A shared vision. (2) Effective teaching and learning. (3) Management and safety. (4) Parent, family, and community involvement. (5) Professional and ethical leadership. (6) Contextual awareness. (b) A school principal evaluation may include, but not be limited to, evidence of all of the following: (1) Academic growth of pupils based on multiple measures that may include pupil work as well as pupil and school longitudinal data that demonstrates pupil academic growth over time. Assessments used for this purpose must be valid and reliable and used for the purposes intended and for the appropriate pupil populations. Local and state academic assessments include, but are not limited to, state standardized assessments, formative, summative, benchmark, end of chapter, end of course, advanced placement, international baccalaureate, college entrance, and performance assessments. For career and technical education, authentic performance assessment is a strong indicator of effective teaching and learning. (2) Effective and comprehensive teacher evaluations, including, but not limited to, curricular and management leadership, ongoing professional development, teacher-principal teamwork, and professional learning communities. (3) Culturally responsive instructional strategies to address and eliminate the achievement gap. (4) The ability to analyze quality instructional strategies and provide effective feedback that leads to instructional improvement. (5) High expectations for all pupils and leadership to ensure active pupil engagement and learning. (6) Collaborative professional practices for improving instructional strategies. (7) Effective school management, including personnel and resource management, organizational leadership, sound fiscal practices, a safe campus environment, and appropriate pupil behavior. (8) Meaningful self-assessment to improve as a professional educator. Self-assessment may include, but not be limited to, a self-assessment on state professional standards for educational leaders and the identification of areas of strengths and areas for professional growth to engage in activities to foster professional growth. (9) Consistent and effective relationships with pupils, parents, teachers, staff, and other administrators. (Added by Stats. 2012, Ch. 435, Sec. 2. (SB 1292) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44450. Source version: id_d51b646b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. This article shall be known and may be cited as the Teacher Education Internship Act of 1967. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44451. Source version: id_d51b646d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. The intent of the Legislature in enacting this article is to increase the effectiveness of teachers and other professional school service personnel in the public schools of California by placing theory and practice as closely together as possible in college and university programs for the preparation of teachers and professional school service personnel. The Teacher Education Internship Act of 1967 is enacted to encourage the development and maintenance of preparation programs that are realistic and practical in content and theory and are directly related to the individual functions and responsibilities practitioners in the public schools of California face. The desirability of joining theory and practice during the learning period has been demonstrated amply in teaching internship programs during the past several years both within and without the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44452. Source version: id_d51b646f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. Any school district may, in cooperation with an approved college or university, establish a teacher education internship program as provided in Section 44321, and meeting the provisions of the statutes and of the regulations of the Commission on Teacher Credentialing. (Amended by Stats. 2001, Ch. 342, Sec. 35. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44453. Source version: id_97b22675-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. (a) For admission to all teaching internship programs authorized by this article, an applicant shall have a baccalaureate or higher degree from a regionally accredited institution of higher education and shall pass a subject matter examination as provided in Section 44280 or complete a commission-approved subject matter program as provided in Section 44310. (b) The Commission on Teacher Credentialing shall ensure that each university internship program in California provides program elements to its interns as required by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.) and its implementing regulations. (Amended by Stats. 2021, Ch. 663, Sec. 28. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44454. Source version: id_d51b6473-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. An internship credential authorizes the same service at the same levels as the regular credential authorizes. (Amended by Stats. 2001, Ch. 342, Sec. 37. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44455. Source version: id_d51ceb15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. An internship credential shall be issued initially for a two-year period and may be renewed by the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44456. Source version: id_d51ceb17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. Notwithstanding Section 44455, an internship credential may be renewed by the Commission on Teacher Credentialing if in its judgment an applicant is unable to complete renewal requirements because of illness or other circumstances judged to be extenuating and not within the control of the applicant. (Amended by Stats. 2001, Ch. 342, Sec. 38. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44457. Source version: id_d51ceb19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. Prior to enrollment in any college or university preparation program to renew the internship credential, appropriate personnel in the employing school district shall counsel with the intern and a total program for the first and subsequent renewals shall be planned. The county superintendent of schools shall be involved in the program planning in the case of joint recommendations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44458. Source version: id_d51ceb1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. The program shall meet the instructional or service needs of the district with the primary objective being to increase the effectiveness of the intern in the district. Both the district and the intern shall concur in the program planned. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44459. Source version: id_d51ceb1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. The full cooperation of colleges and universities is essential if teaching and service internship programs are to be successful. A school district establishing an internship program shall seek the cooperation of public and private colleges and universities, especially those within the geographic service area of the district for the establishment of courses and classes necessary for renewal. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44460. Source version: id_9dcd90d7-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. The intern shall have the right to attend any regionally accredited institution of higher education of the intern’s choice for the completion of renewal requirements. The success of internship programs will lie in the development of integrated, well-organized, and sequential programs of study by cooperating colleges and universities. When appropriate and feasible, colleges and universities may provide off-campus programs of study for interns within the geographic area of their employing school districts. (Amended by Stats. 2021, Ch. 663, Sec. 29. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44461. Source version: id_d51e71c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. The supervisory help and guidance of interns as they pursue their school district responsibilities are important for the success of such programs. The utilization of competent and qualified college and university staff members for this purpose is encouraged. To help achieve this end, school districts, and county superintendents of schools in the case of joint recommendations, may enter into agreements with colleges and universities for the employment of staff for such supervision. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44462. Source version: id_d51e71c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. Salary payments for supervision of interns may be made out of district funds and may be met by reducing proportionately the salaries paid interns. Under this authorization no more than eight interns may be supervised by one staff member and the normal district salary paid each intern may be reduced by as much as, but no more than, one-eighth to pay the salary of the supervisor. In no event may an intern be paid less than the minimum salary required to be paid by the state to a regularly certificated teacher. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44463. Source version: id_d51e71c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. An intern shall have the right to change school districts upon completion of a school contract year and become an intern in a new school district if recommended by the new school district. A new application recommending issuance of a new internship credential shall be submitted by the school district in behalf of the individual and the renewal procedures shall be followed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44464. Source version: id_d51e71c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. An internship credential shall be valid only as long as the holder is in good standing in the teacher internship program of the district that makes the request, notwithstanding any provision of Section 44463, and the rights provided by Sections 44948 and 44949 shall not be afforded to interns. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44465. Source version: id_d51e71c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. A school district shall give special supervision and assistance to each intern above and beyond that given to other newly certificated and newly employed school personnel. A school district shall seek the assistance of the college or university in coordinating the program for the intern. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44466. Source version: id_d51ff86b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. An intern shall not acquire tenure while serving on an internship credential. A person who, after completing a teaching internship program authorized pursuant to this article, is employed for at least one complete school year in a position requiring certification qualifications by the school district that employed the person as an intern during the immediately preceding school year and is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year, acquire tenure. (Amended by Stats. 1997, Ch. 138, Sec. 2. Effective July 28, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44467. Source version: id_d51ff86d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. Colleges and universities may continue the development and maintenance of internship credential programs under their own auspices seeking the cooperation of school districts in their full implementation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3. Teacher Education Internship Act of 1967 [44450 - 44468] SECTION 44468. Source version: id_0ea4ae97-395d-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3. (a) An internship program, established pursuant to Article 7.5 (commencing with Section 44325) of Chapter 2 or this article, that is accredited by the commission shall provide interns who meet entrance criteria and are accepted to a multiple subject teaching credential program, a PK-3 early childhood education specialist credential program, a single subject teaching credential program, or an education specialist credential program that provides instruction to individuals with mild to moderate disabilities the opportunity to choose an early program completion option, culminating in a five-year preliminary teaching credential. The early program completion option shall be made available to interns who meet the following requirements: (1) Pass a written assessment that assesses knowledge of teaching foundations, is adopted for this purpose by the commission, and includes all of the following: (A) Human development as it relates to teaching and learning aligned with the state content and performance standards for pupils adopted by the state board. (B) Techniques to address learning differences including working with pupils with special needs. (C) Techniques to address working with English learners to provide access to the curriculum. (D) Reading instruction as set forth in paragraph (4) of subdivision (b) of Section 44259. (E) The assessment of pupil progress based upon the state content and performance standards for pupils adopted by the state board and planning intervention based on the assessment. (F) Classroom management techniques. (G) Methods of teaching the subject fields. (2) (A) Pass the teaching performance assessment as set forth in Section 44320.2. (B) An intern participating in the early completion option may take the teaching performance assessment only one time as part of the early completion option. An intern who takes the teaching performance assessment but is not successful may complete the internship program. Scores on this assessment shall be used by the internship program in providing the individualized professional development plan for interns that emphasizes preparation in areas where additional growth is warranted and waiving preparation in areas where the candidate has demonstrated competence. The intern shall retake and pass the teaching performance assessment at the end of the internship in order to be considered for recommendation by the internship program to the commission. (3) Until the commission ensures that an approved teaching performance assessment for a preliminary multiple subject credential, for a preliminary PK-3 early childhood education specialist credential, and for a preliminary education specialist credential assesses candidates for competence in instruction in literacy, as specified in Sections 44320.2 and 44320.3, as applicable, successfully pass a reading instruction competence assessment required by Section 44283, if required for the intern’s credential. (4) Meet the requirements for teacher fitness as set forth in Sections 44339, 44340, and 44341. (b) An intern who elects to use the early completion option must first pass the assessment required pursuant to paragraph (1) of subdivision (a) in order to qualify to take the teaching performance assessment required pursuant to paragraph (2) of subdivision (a). (c) An intern who passes the assessments described in subdivision (a) and is recommended by the internship program to the commission is eligible for a five-year preliminary multiple subject teaching credential, single subject teaching credential, PK-3 early childhood education specialist credential, or education specialist credential that authorizes instruction to individuals with mild to moderate disabilities. (d) The commission shall issue a clear multiple subject teaching credential, a clear PK-3 early childhood education specialist credential, a clear education specialist credential, or single subject teaching credential to an applicant whose employing school district documents, in a manner prescribed by the commission, that the applicant has fulfilled both of the following requirements: (1) Holds a preliminary five-year teaching credential issued by the commission. (2) Completes a commission-approved teacher induction program. (Amended by Stats. 2024, Ch. 38, Sec. 38. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3.1. Standards for Professional Development [44470 - 44472] SECTION 44470. Source version: id_d5217f13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3.1. (a) (1) The State Department of Education shall issue a request for proposals to contract for the development of standards for professional development for educators and instructional leaders. (2) The standards shall present a vision of ongoing, high quality professional development, give special attention to high need schools and school districts, and build on existing work on quality professional development, including the Designs for Learning system. (3) The contractor shall also review and give consideration to other existing professional development programs. (4) The standards shall serve as guidelines for providers of professional development activities and may be used to facilitate the coordination among existing professional development programs. (b) By January 1, 2003, the entity with which the department contracts shall submit the standards to the Superintendent of Public Instruction for approval after which the superintendent shall submit the standards to the State Board of Education for approval. (Added by Stats. 2001, Ch. 884, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3.1. Standards for Professional Development [44470 - 44472] SECTION 44471. Source version: id_d5217f15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3.1. The entity with which the State Department of Education contracts shall convene a committee of experts in teacher development, professional development, and instructional leadership to develop the standards and disseminate them for field review. The Superintendent of Public Instruction shall determine the members of the committee of experts and shall include one representative from the University of California and one representative from the California State University. (Added by Stats. 2001, Ch. 884, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 3.1. Standards for Professional Development [44470 - 44472] SECTION 44472. Source version: id_d5217f17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=3.1. The standards developed pursuant to this article shall meet all of the following characteristics: (a) Describe core concepts of high quality professional development and differentiate, where necessary or appropriate, program qualities for high need schools. (b) Support respect for individual experience and adult learning theory. (c) Integrate the academic content standards adopted by the State Board of Education pursuant to Section 60605 and instructional guides. (d) Incorporate the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing in January 1997. (e) Provide equitable and timely access to professional development for all educators. (f) Require program models and designs that include evidence based assessment of outcomes for participants. (g) Utilize the results of evaluation research based on models of organizational learning and increased pupil learning to improve programs. (h) Describe the core skills and competencies of coaches, mentors, support providers, university supervisors, and consulting teachers. (Added by Stats. 2001, Ch. 884, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4. Student Support and Professional Development Block Grant [44475- 44475.] SECTION 44475. Source version: id_fadc68c0-7fb6-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4. (a) For the 2026–27 fiscal year, the sum of four billion four hundred million one hundred sixty-three thousand dollars ($4,400,163,000) is hereby appropriated from the General Fund to the department for the Student Support and Professional Development Discretionary Block Grant, established pursuant to Chapter 8 of the Statutes of 2025, for allocation to county offices of education, school districts, charter schools, and the state special schools for discretionary purposes, including, but not limited to, all of the following: (1) Providing standards-aligned professional development for teachers on the English Language Arts/English Language Development Framework and the Literacy Roadmap, including strategies to support literacy for English learners, and effective language acquisition programs for English learners, which may include integrated language development within and across content areas, and building and strengthening capacity to increase bilingual and biliterate proficiency. (2) Providing standards-aligned professional development for teachers on the Mathematics Framework for California Public Schools. (3) Providing professional development for certificated and classified educators of transitional kindergarten, kindergarten, and grades 1 to 3, inclusive, and elementary schoolsite administrators on the principles and guidelines of developmentally appropriate instruction, including developmentally appropriate behaviors and behavior interventions, and developmentally appropriate transitional kindergarten pursuant to subdivision (d) of Section 48000 of the Education Code, to improve the implementation of transitional kindergarten. (4) Developing and expanding teacher recruitment and retention strategies, including, but not limited to, coaching and mentoring of staff serving in an instructional setting, and beginning teacher or administrator induction. (5) Expanding career pathways and dual enrollment efforts, consistent with the Master Plan for Career Education. (6) Community school and promising neighborhood partnerships pursuant to the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1). (7) Deferred maintenance of school facilities. (8) Addressing rising costs. (b) The department shall allocate funds proportionally to county offices of education, school districts, charter schools, and the state special schools on the basis of an equal amount per unit of average daily attendance for transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, as those numbers were reported as of the second principal apportionment for the 2025–26 fiscal year. The average daily attendance for each state special school shall be deemed to be 97 percent of the enrollment as reported in the California Longitudinal Pupil Achievement Data System as of the 2025–26 Fall 1 Submission. (c) (1) Funding appropriated pursuant to this section shall be available for expenditure through June 30, 2032. County offices of education, school districts, charter schools, and the state special schools are encouraged, but not required, to use funds received pursuant to this section for the purposes described in paragraphs (1) to (8), inclusive, of subdivision (a). On or before September 30, 2032, each county office of education, school district, charter school, and state special school receiving an allocation pursuant to this section shall report final expenditures to the department, which shall initiate collection of any unexpended funds on or before January 31, 2033. (2) Notwithstanding paragraph (1), if a charter school ceases to operate before June 30, 2032, a final expenditure report shall be due to the department within 60 days of the effective date of closure and the department shall collect any unexpended funds allocated to the charter school. (d) As a condition of receiving funds apportioned pursuant to this section, a school district, county office of education, charter school, or state special school shall do all of the following, as applicable: (1) A school district or charter school with an existing declining enrollment or projected declining enrollment in the next five years shall hold a public hearing on their plans to address the declining enrollment’s impacts on the local educational agency, including, but not limited to, schoolsite closures or consolidations. (2) Ensure that none of their employees are charged a fee for professional services, including, but not limited to, beginning teacher induction program costs and professional development costs, during the grant period pursuant to this section. (e) Allocations made pursuant to subdivision (b) shall first satisfy any outstanding claims pursuant to Section 6 of Article XIII B of the California Constitution for reimbursement of state-mandated local program costs for any fiscal year. Notwithstanding Section 12419.5 of the Government Code and any amounts that are paid in satisfaction of outstanding claims for reimbursement of state-mandated local program costs, the Controller may audit any claim as allowed by law, and may recover any amount owed by school districts pursuant to an audit only by reducing amounts owed by the state to school districts for any other mandate claims. Under no circumstances shall a school district be required to remit funding back to the state to pay for disallowed costs identified by a Controller audit of claimed reimbursable state-mandated local program costs. The Controller shall not recover any amount owed by a school district pursuant to an audit of claimed reimbursable state-mandated local program costs by reducing any amount owed a school district for any purpose other than amounts owed for any other mandate claims. The Controller shall apply amounts received by each school district against any balances of unpaid claims for reimbursement of state-mandated local program costs and interest in chronological order beginning with the earliest claim. The Controller shall report to each school district the amounts of any claims and interest that are offset from funds provided pursuant to this section, and shall report a summary of the amounts offset for each mandate for each fiscal year to the Department of Finance and the fiscal committees of the Legislature. (f) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), three hundred eighty-three million eight hundred twenty thousand dollars ($383,820,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year. (2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), two billion four hundred thirty million eight hundred forty-eight thousand dollars ($2,430,848,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (3) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, of the amount appropriated from the General Fund in subdivision (a), one billion five hundred eighty-five million four hundred ninety-five thousand dollars ($1,585,495,000) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2026–27 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 76. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44500. Source version: id_d5217f1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. (a) There is hereby established the California Peer Assistance and Review Program for Teachers. The governing board of a school district and the exclusive representative of the certificated employees in the school district may develop and implement a program authorized by this article that meets local conditions and conforms with the principles set forth in subdivision (b). (b) The following principles, at a minimum, shall be included in a locally developed program authorized by this article: (1) A teacher participant shall be a permanent employee in a school district with 250 or greater units of average daily attendance or a permanent or probationary employee in a school district with fewer than 250 units of average daily attendance and volunteer to participate in the program or be referred for participation in the program as a result of an evaluation performed pursuant to subdivision (c) of Section 44664. In addition, teachers receiving assistance may be referred pursuant to a collectively bargained agreement. (2) Performance goals for an individual teacher shall be in writing, clearly stated, aligned with pupil learning, and consistent with Section 44662. (3) Assistance and review shall include multiple observations of a teacher during periods of classroom instruction. (4) The program shall expect and strongly encourage a cooperative relationship between the consulting teacher and the principal with respect to the process of peer assistance and review. (5) The school district shall provide sufficient staff development activities to assist a teacher to improve his or her teaching skills and knowledge. (6) The program shall have a monitoring component with a written record. (7) The final evaluation of a teacher’s participation in the program shall be made available for placement in the personnel file of the teacher receiving assistance. (Amended by Stats. 2003, Ch. 566, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44501. Source version: id_d52305bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. A consulting teacher participating in a program operated pursuant to this article shall meet locally determined criteria and each of the following qualifications: (a) The consulting teacher shall be a credentialed classroom teacher with permanent status or, in a school district with an average daily attendance of less than 250 pupils, a credentialed classroom teacher who has completed at least three consecutive school years as an employee of the school district in a position requiring certification qualifications. (b) The consulting teacher shall have substantial recent experience in classroom instruction. (c) The consulting teacher shall have demonstrated exemplary teaching ability, as indicated by, among other things, effective communication skills, subject matter knowledge, and mastery of a range of teaching strategies necessary to meet the needs of pupils in different contexts. (Added by Stats. 1999, 1st Ex. Sess., Ch. 4, Sec. 3. Effective June 25, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44502. Source version: id_d52305bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. (a) The governance structure of a program designed pursuant to this article shall include a joint teacher administrator peer review panel that shall select consulting teachers, review peer review reports prepared by consulting teachers, and make recommendations to the governing board of a school district regarding participants in the program, including forwarding to the governing board the names of individuals who, after sustained assistance, are not able to demonstrate satisfactory improvement. (b) The majority of the panel shall be composed of certificated classroom teachers chosen to serve on the panel by other certificated classroom teachers. The remainder of the panel shall be composed of school administrators chosen to serve on the panel by the school district. (c) The panel’s procedures for selecting consulting teachers, at a minimum, shall require the following: (1) Consulting teachers shall be selected by the majority vote of the panel. (2) The selection process shall include provisions for classroom observation of the candidates for consulting teacher by the panel. (d) The panel shall also annually evaluate the impact of the district’s peer assistance and review program in order to improve the program. This evaluation may include, but is not limited to, interviews or surveys of the program participants. The panel may submit recommendations for improvement of the program to the governing board of the school district and to the exclusive representative of the certificated employees in the school district, if the certificated employees in the district are represented by an exclusive representative. (Added by Stats. 1999, 1st Ex. Sess., Ch. 4, Sec. 3. Effective June 25, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44503. Source version: id_d52305c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. (a) The governing board of a school district that accepts state funds for purposes of this article agrees to negotiate the development and implementation of the program with the exclusive representative of the certificated employees in the school district, if the certificated employees in the district are represented by an exclusive representative. In a school district in which the certificated employees are not represented, the school district shall develop a Peer Assistance and Review Program for Teachers consistent with this article in order to be eligible to receive funding under this article. (b) Functions performed pursuant to this article by certificated employees employed in a bargaining unit position shall not constitute either management or supervisory functions as defined by subdivisions (g) and (m) of Section 3540.1 of the Government Code. (c) Teachers who provide assistance and review shall have the same protection from liability and access to appropriate defense as other public school employees pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (d) It is the intent of the Legislature that school districts be allowed to combine, by mutual agreement, their programs of peer assistance and review with those of other school districts. (e) Not more than 5 percent of the funds received by a school district for the Peer Assistance and Review Program for Teachers may be expended for administrative expenses. For the purposes of this article, administrative expenses shall include expenditures for the personnel costs of program administration and coordination, the cost of consulting teacher selection, and indirect costs associated with the Peer Assistance and Review Program for Teachers. (Amended by Stats. 2001, Ch. 734, Sec. 26. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44504. Source version: id_4351742b-6c2a-11dc-bfc4-d021d09ce77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. (a) Except as provided in Section 44505, the California Peer Assistance and Review Program for Teachers shall become fully operational on July 1, 2001, on which date it shall completely replace the California Mentor Teacher Program established pursuant to Chapter 1302 of the Statutes of 1983 and set forth in Article 4 (commencing with Section 44490). This article is applicable to all school districts that elect to receive state funds for the California Peer Assistance and Review Program for Teachers. Commencing with the 2001–02 fiscal year, funding shall only be made available for purposes authorized by this article. A school district that elects to participate in the program established pursuant to this article shall certify to the Superintendent of Public Instruction by August 1, 2001, that it has implemented a Peer Assistance and Review Program for Teachers pursuant to this article. (b) A school district that does not elect to participate in the program authorized under this article by July 1, 2001, is not eligible for any apportionment, allocation, or other funding from an appropriation for the program authorized pursuant to this article or for any apportionments, allocations, or other funding from funding for local assistance appropriated pursuant to Budget Act Item 6110-231-0001, funding appropriated for the Administrator Training and Evaluation Program set forth in Article 3 (commencing with Section 44681) of Chapter 3.1 of Part 25, from an appropriation for the Instructional Time and Staff Development Reform Program as set forth in Article 7.5 (commencing with Section 44579) of Chapter 3, or from an appropriation for school development plans as set forth in Article 1 (commencing with Section 44670.1) of Chapter 3.1 and the Superintendent of Public Instruction shall not apportion, allocate, or otherwise provide any funds to the district pursuant to those programs. (c) Commencing February 1, 2002, a school district that elects not to participate in the program authorized under this article shall report annually at a regularly scheduled meeting of the governing board of the school district on the rationale for not participating in the program. (Amended by Stats. 1999, Ch. 646, Sec. 20.3. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44505. Source version: id_d52305c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. (a) Between July 1, 1999, and June 30, 2000, a school district may notify the Superintendent of Public Instruction that it plans to implement, commencing July 1, 2000, a Peer Assistance and Review Program for Teachers pursuant to this article. Upon receipt of the notification by the school district, the Superintendent of Public Instruction shall apportion to the school district two thousand eight hundred dollars ($2,800) or an amount equal to the number of mentor teachers that the state calculated the school district is entitled to in the 1999–2000 fiscal year pursuant to Article 4 (commencing with Section 44490) multiplied by two thousand eight hundred dollars ($2,800), whichever is greater. (b) A school district that notifies the Superintendent of Public Instruction that it plans to implement a Peer Assistance and Review Program for Teachers by July 1, 2000, pursuant to subdivision (a), shall certify to the Superintendent of Public Instruction that it has implemented a program by August 1, 2000. In addition to the certification, the Superintendent of Public Instruction may request a copy of the signature page of the collective bargaining agreement implementing the program required pursuant to subdivision (a) of Section 44503. A school district that fails to provide the required certification is not eligible to receive an apportionment for the Peer Assistance and Review Program for Teachers pursuant to subdivision (a) of this section or subdivision (a) of Section 44498 in the 2000–01 school year, or in any year thereafter. The school district, however, may be eligible to receive an apportionment for the Peer Assistance and Review Program for Teachers pursuant to subdivision (c) of this section and subdivision (a) of Section 44498 in the 2000–01 school year, and in each year thereafter, if the school district complies with the requirements set forth in subdivisions (c) and (d). (c) Between July 1, 2000, and May 31, 2001, a school district may notify the Superintendent of Public Instruction that it plans to implement, commencing July 1, 2001, a Peer Assistance and Review Program for Teachers pursuant to this article. On or before June 29, 2001, the Superintendent of Public Instruction shall apportion to every school district that provides this notification an amount equal to the number of mentor teachers that the state calculated the school district is entitled to in the 1999–2000 school year pursuant to Article 4 (commencing with Section 44490) times a maximum of one thousand dollars ($1,000). Any school district that provides this notification shall receive at least the amount that would be received pursuant to this section by a school district with one state funded mentor in the 2000–01 school year pursuant to Article 4 (commencing with Section 44490). (d) A school district that notifies the Superintendent of Public Instruction that it plans to implement a Peer Assistance and Review Program for Teachers by July 1, 2001, pursuant to subdivision (c), shall certify to the Superintendent of Public Instruction that it has implemented a program by July 1, 2001. In addition to the certification, the Superintendent of Public Instruction may request a copy of the signature page of the collective bargaining agreement implementing the program required pursuant to subdivision (a) of Section 44503. A school district that fails to provide the required certification is not eligible for any apportionment for the Peer Assistance and Review Program for Teachers received pursuant to subdivision (c) of this section, and subdivision (a) of Section 44498 in the 2001–02 school year, or in any year thereafter. (e) The funding provided pursuant to subdivisions (a) and (c) of this section and subdivision (a) of Section 44498 shall be provided to eligible school districts in each year that the school operates a Peer Assistance and Review Program for Teachers. (f) The maximum amount of funds available for apportionment to school districts by the Superintendent of Public Instruction for allocation pursuant to subdivision (c) shall be the amount appropriated pursuant to subdivision (a) of Section 6 of the act adding this section, minus any funds apportioned by the Superintendent of Public Instruction to school districts pursuant to subdivision (a) as of June 30, 2000. (g) A school district may use funds apportioned pursuant to this section for activities necessary to implement the Peer Assistance and Review Program for Teachers. (Amended by Stats. 2003, Ch. 552, Sec. 16. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44506. Source version: id_c7084a58-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. (a) The state funding for this article subsequent to the 1999–2000 fiscal year is subject to an appropriation in the annual Budget Act. (b) A school district that receives funds for purposes of this article also may expend those funds for any of the following purposes: (1) The Marian Bergeson Beginning Teacher Support and Assessment System as set forth in Article 4.5 (commencing with Section 44279.1) of Chapter 2. (2) A district intern program as set forth in Article 7.5 (commencing with Section 44325) of Chapter 2. (3) Professional development or other educational activities previously provided pursuant to Article 4 (commencing with Section 44490) of Chapter 3, as it read prior to January 1, 2002. (4) A program that supports the training and development of new teachers. (c) (1) The Superintendent shall determine a base funding unit rate for the California Peer Assistance and Review Program for Teachers that is equal to the total amount provided for the California Mentor Teacher Program in subdivision (b) of Section 6 of Chapter 4 of the Statutes of 1999 for the First Extraordinary Session, divided by the total number of mentor teachers that the state calculated the school district is entitled to in the 1999–2000 fiscal year. (2) The Superintendent annually shall apportion to each school district that certified implementation of the Peer Assistance and Review Program for Teachers pursuant to subdivision (b) of Section 44505, an amount equal to 5 percent of the prior year count of certificated classroom teachers employed by the school district, multiplied by a rate that equals the sum of (i) the base amount per funding unit as calculated in paragraph (1) of subdivision (c), adjusted annually pursuant to subdivision (b) of Section 42238.1, and (ii) two thousand eight hundred dollars ($2,800); adjusted annually pursuant to subdivision (b) of Section 42238.1. (3) The Superintendent annually shall apportion to each school district that certified implementation of a Peer Assistance and Review Program for Teachers pursuant to subdivision (d) of Section 44505, an amount equal to 5 percent of the prior year count of certificated classroom teachers employed by the school district, multiplied by a rate which equals the sum of (i) the base amount per funding unit as calculated in paragraph (1) of subdivision (c), adjusted annually pursuant to subdivision (b) of Section 42238.1, and (ii) the per mentor teacher unit amount provided to the district pursuant to subdivision (c) of Section 44505, adjusted annually pursuant to subdivision (b) of Section 42238.1. (4) In paragraphs (2) and (3), 5 percent of the certificated classroom teachers employed by the district shall be rounded to the next whole integer. (5) If at the end of a fiscal year, an amount of funds available for purposes of the Peer Assistance and Review Program remain unallocated, the Superintendent shall use the unallocated amount to increase the base funding rate calculated under paragraph (1) for the succeeding fiscal year. (Amended by Stats. 2007, Ch. 730, Sec. 22. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44507. Source version: id_d5248c69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. Subject to the availability of funding in the annual Budget Act, the Superintendent of Public Instruction shall contract with an independent evaluator on or before December 15, 2002, to prepare a comprehensive evaluation of the implementation, impact, cost, and benefit of the California Peer Assistance and Review Program for Teachers. The evaluation shall be delivered to the Legislature, the Governor, and interested parties on or before January 1, 2004. As a condition of receiving funding, school districts implementing programs pursuant to this article shall provide data, as requested by the Superintendent of Public Instruction, to provide baseline information for the evaluation. (Amended by Stats. 1999, Ch. 646, Sec. 20.6. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 4.5. California Peer Assistance and Review Program for Teachers [44500 - 44508] SECTION 44508. Source version: id_d5248c6b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=4.5. For purposes of this article, “school district” includes a county office of education. (Added by Stats. 1999, 1st Ex. Sess., Ch. 4, Sec. 3. Effective June 25, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 9. Exchange and Recruitment [44610 - 44617] SECTION 44610. Source version: id_8d68b307-fcd6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=9. This article shall be known as the “World Language Teacher Exchange and Recruitment Law of 1963.” (Amended by Stats. 2018, Ch. 865, Sec. 9. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 9. Exchange and Recruitment [44610 - 44617] SECTION 44611. Source version: id_d0281a09-fcd6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=9. The purposes of this article are to encourage and promote the temporary exchange of teachers between school districts in California and schools in foreign countries and to make available to California schools as teachers foreign-born persons and others who are especially qualified to provide instruction in one or more modern world languages in order that the schools of this state may comply with the requirement of the state law that world language instruction be given to pupils in grades 6, 7, and 8 as of July 1, 1965. It is the finding of the Legislature that California teachers will become more fluent in a world language and more knowledgeable about peoples of other countries and their environment by teaching service in a country where that language is used in daily life, and that it will be of substantial benefit to California pupils beginning the study of a world language to be instructed by teachers who are fluent in the language and conversant with the attendant culture and are therefore able to instill and reinforce the appropriate speech habits early in the learning experience of the pupil. It is the purpose of the Legislature to encourage and enable California schools to benefit from the language abilities of citizens of foreign countries who are now or in the future may be residents of this state. (Amended by Stats. 2018, Ch. 865, Sec. 10. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 9. Exchange and Recruitment [44610 - 44617] SECTION 44612. Source version: id_d538620b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=9. The State Board of Education shall adopt rules and regulations under which teachers employed by California school districts may exchange positions with teachers in schools in other countries for a period of one year or less. The arrangements for such exchanges shall be made through the Department of Education and in cooperation with the teacher exchange programs administered by agencies of the federal government. The first such exchanges shall take place during the 1964–1965 school year. Grants from the federal government or any department or agency thereof may be accepted by the state and its agencies to be expended pursuant to the programs and plans enumerated in this article. The Department of Education shall administer the teacher exchange program provided for in this article and shall do all acts necessary to carry out the purposes of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 9. Exchange and Recruitment [44610 - 44617] SECTION 44613. Source version: id_d538620d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=9. Teachers employed by California school districts desiring to participate in an exchange of positions under this article shall file with the Department of Education an application setting forth a plan of study to be completed during the year of service in a foreign country and shall agree to teach in a California school district for a minimum of two years following the year of exchange service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 9. Exchange and Recruitment [44610 - 44617] SECTION 44614. Source version: id_b132f20c-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=9. (a) The exchange of teachers with a foreign country pursuant to this article shall be conditioned upon the fact that the employing school district in California shall not be required to pay the salary of the teacher from the foreign country. Teachers employed by California school districts shall, while serving as teachers in a foreign country pursuant to this article, continue to receive from their employing school districts the full amounts of the regular salaries that would be payable to them if they were serving in the schools of the particular employing school districts, and the school district shall make all deductions provided by law for retirement purposes during that period. (b) The department may pay to the teachers from a foreign country employed by a school district in California pursuant to this article, part or all of the difference between the salary being paid to them by their respective foreign employers and the salary being paid by the California school district to the particular teachers with whom they are exchanged, as the department shall determine to be appropriate in each instance, except that no payment for these purposes to a foreign teacher shall exceed three thousand dollars ($3,000) in one school year, nor shall payments for these purposes be made to more than 500 teachers from foreign countries in any one fiscal year. (c) The department may pay the travel expenses of teachers in the exchange program but those payments shall not be made to more than 500 California teachers and 500 teachers from foreign countries in any one fiscal year, and those payments shall be for the actual expense involved in travel to and from the exchange assignments or for one thousand dollars ($1,000), whichever is the lesser amount. (d) The commission shall establish minimum standards for credentials for exchange teachers from a foreign country and shall provide for the issuance of credentials to those teachers. (Amended by Stats. 2024, Ch. 471, Sec. 22. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 9. Exchange and Recruitment [44610 - 44617] SECTION 44615. Source version: id_93bd7a6d-0c95-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=9. The commission shall adopt rules and regulations providing for the recruitment of, and issuance of special credentials in the teaching of a world language to, foreign-born persons or others having native fluency in a modern world language to teach world languages in the public schools of California. The issuance of special credentials in the teaching of world languages pursuant to this section shall be limited to 500 persons a year. The commission shall prescribe the minimum standards for these special credentials and shall provide for the renewal of these credentials. In issuing the credentials to any applicant, the commission shall take into consideration fluency in the language to be taught, academic preparation, previous teaching experience, a knowledge of modern methods of world language instruction, and a knowledge of peoples of other countries and their environment. The commission shall adopt rules and regulations that require the holder of a special credential issued under this section to undertake, within a reasonable time, a course of study that will enable the holder to become eligible for a standard teaching credential. (Amended by Stats. 2019, Ch. 497, Sec. 55. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 9. Exchange and Recruitment [44610 - 44617] SECTION 44616. Source version: id_5659481d-fcd7-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=9. (a) The department may contract with universities and colleges in this state approved by the commission as a teacher education institution for furnishing refresher courses in which applicants for a special credential in the teaching of a world language issued under Section 44615 who have not had previous recent teaching experience may secure instruction in the teaching of a world language that will enable them to meet the standards prescribed by the commission. (b) Instruction in the teaching of world languages pursuant to this section shall be limited to 500 persons a year. (c) The department may pay to each person enrolled in a refresher course a stipend of seventy-five dollars ($75) a week for a total of six weeks or a stipend paid in some other manner but the total amount paid to an individual shall not exceed four hundred fifty dollars ($450). (Amended by Stats. 2018, Ch. 865, Sec. 12. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3. Certificated Employees [44420 - 44671] ARTICLE 9. Exchange and Recruitment [44610 - 44617] SECTION 44617. Source version: id_d539e8b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.&article=9. Section 44854 applies to exchange teachers. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44681. Source version: id_d5492b43-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. The Legislature recognizes that the principal plays a pivotal role in the life of a school. Research indicates that at schools where pupil achievement is higher than might be expected, principals provide strong leadership and support. Teachers at these schools report that their principals facilitate innovation, support teachers in efforts to promote new ideas, and assist staff to acquire needed skills and materials. Other studies show that the principal is the most effective agent for bringing about educational improvement. The Legislature further recognizes that although principal leadership is essential to effective instruction, research shows that many principals are neither prepared nor encouraged to be educational leaders. According to principals and others, administrator training does not always match responsibilities of the job, and opportunities for continuing development are inadequate. The Legislature, by the provisions of this article, intends to provide site and central district administrators ongoing opportunities to improve their management and leadership skills. The Legislature intends that administrator support and development activities funded by this article will result in direct improvements in services to California public school pupils. The Legislature further intends that current funding for duplicative educational programs be redirected to fund the provisions of this article. It is also the intention of the Legislature to enhance the desirability of teaching as a profession by promoting a school environment that facilitates a constructive working relationship between teachers and administrators. (Amended by Stats. 1986, Ch. 363, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44682. Source version: id_d5492b45-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. (a) Any school district, county superintendent of schools, or consortium of those entities shall be eligible for funds in order to establish an administrator training and evaluation program, which shall provide to school administrators support and development activities designed to improve clinical supervision skills. (b) In order to receive funding for an administrator training and evaluation program, a school district, county superintendent, or consortium shall: (1) Develop a three-year plan for support and development activities, based on a systematic assessment of unmet needs of pupils and school personnel in the districts to be served. (2) Operate the program in conjunction with the teacher education and computer center which serves the school district or county office of education or, in the case of a program operated by a consortium, operate the program in conjunction with one or more teacher education and computer centers which serves a school district or county office of education in the consortium. (Amended by Stats. 1983, Ch. 498, Sec. 35. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44683. Source version: id_d5492b47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. (a) The three-year plan developed pursuant to paragraph (1) of subdivision (b) of Section 44682 shall address, but need not be limited to, objectives identified pursuant to Sections 44670.4, 52014, and 52015, and the capacity of site and central district administrators to provide leadership necessary to do the following: (1) Improve instructional, management, human development, and counseling skills. (2) Ensure that curricula, instruction, and materials are keyed to the educational needs of each pupil, with particular emphasis on pupils who have not achieved proficiency in basic reading, writing, and computational skills, limited and non-English speaking pupils, disadvantaged pupils, and pupils with exceptional abilities or needs. (3) Develop curricula and instructional materials in a wide variety of areas such as arts and humanities and physical, natural, and social sciences. (4) Promote, facilitate, and ensure active participation of the school staff in the school decisionmaking process, and collaboration among the school staff, and among the staff and members of the school community, in the educational and administrative planning, implementing, and evaluating of the school program. (5) Improve the school and classroom environment, including relationships between and among pupils, school personnel, and community members, including parents. (6) Make available followup activities to assist participating individuals in using newly acquired skills on the job. (b) Each three-year plan shall describe the following: (1) General staff development objectives and steps necessary to achieve the objectives in subdivision (a), including intended outcomes. (2) A proposed budget. (3) Procedures for ongoing evaluation and modification of training activities, including evaluation on a continuing basis by participating administrators and outside personnel as necessary. (c) Administrator training and evaluation programs shall be designed and implemented under the direction of participating school and district administrators, including the district administrators or administrators responsible for supervision of curriculum and instruction, and in cooperation with teacher training institutions. The programs shall allow for diversity in development activities, including, but not limited to, small groups, self-directed learning, and systematic observation during visits to other schools. The district administrator or administrators responsible for curriculum and instruction, or other central district administrators shall be included as active participants in one or more staff development activities pursuant to this article whenever appropriate. The amendments made to Section 44681 and to paragraph (4) of subdivision (a) of this section by the Statutes of 1986 shall be applicable only to three-year plans developed on or after January 1, 1987. (Amended by Stats. 1986, Ch. 363, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44684. Source version: id_d54ab1e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. Administrator training and evaluation programs shall set aside specific times throughout the school year to conduct programs. The times shall include, but not be limited to, periods when participating administrators are released from their regular duties. (Amended by Stats. 1983, Ch. 498, Sec. 37. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44685. Source version: id_d54ab1eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. Any school district governing board, upon petition by a majority of the administrators designated to design an administrator training and evaluation program, may request the State Board of Education to grant a waiver of any provision of this article. (Amended by Stats. 1983, Ch. 498, Sec. 38. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44686. Source version: id_d54ab1ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. The State Board of Education shall adopt rules and regulations necessary to implement the provisions of this article. (Added by Stats. 1982, Ch. 1388, Sec. 4. Effective September 24, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44687. Source version: id_d54ab1ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. The State Department of Education may provide technical assistance, at the request of any entity involved in establishing and implementing an administrator training and evaluation program. At the request of the Legislature, the department shall assess the effectiveness of the training provided by administrator training and evaluation programs. (Amended by Stats. 1983, Ch. 498, Sec. 39. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44688. Source version: id_d54ab1f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. (a) Federal and state funds appropriated or apportioned for the purposes of this article shall not be used to supplant funds currently expended by school districts for the purpose of administering or conducting staff development programs. (b) Priority in funding shall be given to applicants who provide evidence of the following: (1) Programs designed to strengthen clinical supervision skills of site administrators. (2) Specific substantial district support to implement proposed administrator development activities. (3) A high degree of collaborative planning of proposed activities among school principals, and between principals and central district administrators. (4) A process to continue a high degree of collaboration among school principals and between principals and central district administrators in implementing, evaluating, and modifying development activities funded by this article and other state education programs. (5) A direct relationship between proposed activities and specific school improvement goals developed pursuant to an existing or new process which involves principals, central district administrators, teachers, other school personnel, secondary students, and parents. (c) Lowest funding priority shall be given to programs designed for the primary purpose of granting a degree or a credential to participating staff. (Amended by Stats. 1983, Ch. 498, Sec. 40. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 3. Administrator Training and Evaluation [44681 - 44689] SECTION 44689. Source version: id_d54c5fa3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=3. It is the intent of the Legislature that the administrator training and evaluation programs be funded annually in each Budget Act. (Amended by Stats. 1983, Ch. 498, Sec. 41. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 4. Evaluation of Certificated Employees [44689.1 - 44689.2] SECTION 44689.1. Source version: id_d54c5fa7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=4. (a) The Legislature finds and declares all of the following: (1) Strong schoolsite administrators play a pivotal role in the life of a school and are essential for successful schools. The principal, as leader of the schoolsite educational team, is the most effective agent for bringing about educational improvement. (2) An important component of effective leadership is evaluation of employees. (3) Training in effective evaluation strategies and techniques that supports instructional improvement is essential. (b) It is the intent of the Legislature that administrators assigned to evaluate certificated employees possess certain demonstrated competencies in assessment of employees. (Added by Stats. 2000, Ch. 935, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 4. Evaluation of Certificated Employees [44689.1 - 44689.2] SECTION 44689.2. Source version: id_d54c5fa9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=4. (a) The Superintendent of Public Instruction shall, with the approval of the State Board of Education, award a grant to any eligible applicant school district, county office of education, or charter school, for the purpose of providing necessary administrator training pursuant to this article. The grant shall consist of an amount not to exceed four hundred dollars ($400) per administrator scheduled to receive training as set forth in this article. (b) The Superintendent of Public Instruction shall administer this article and shall, where necessary, implement actions of the State Board of Education governing the implementation of this article. (c) (1) Programs funded pursuant to this section shall include all of the following: (A) Techniques and strategies for successful supervision, observation, diagnosis, and conferencing with teachers that support instructional improvement. (B) Documentation and writing techniques necessary for effective written evaluations. (C) A knowledge of evaluation, assessment, and dismissal procedures pursuant to Article 11 (commencing with Section 44660) of Chapter 3 and Article 3 (commencing with Section 44930) of Chapter 4. (2) The programs shall provide sufficient flexibility to meet the needs of the state’s diverse school districts. (3) The programs shall set forth the sources for appropriate professional development, including, but not limited to, the Governor’s Principal Leadership Institute pursuant to Chapter 12 (commencing with Section 92855) of Part 57, onsite training offered by practitioners and consulting experts, and academies offered by professional associations. (d) This article shall not be implemented during any fiscal year for which funds have not been appropriated for these purposes. (Added by Stats. 2000, Ch. 935, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 5. 21st Century California School Leadership Academy [44690 - 44690.1] SECTION 44690. Source version: id_ce6a6886-fed2-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=5. (a) The Legislature finds and declares all of the following: (1) Skilled school and school district leaders are critical for building a strong and stable workforce, and for making the important shifts in practice envisioned by the local control funding formula and the Common Core State Standards. (2) Strong leadership is a key predictor of pupil achievement, and highly skilled leadership is critical to successful improvement efforts for local educational agencies and schools. (3) The roles of principals and other school leaders have evolved considerably since the California School Leadership Academy was first established more than three decades ago, with a broad range of knowledge, skills, and competencies needed to successfully support success for the diverse learners served in California public schools. (4) Focused investments in leadership development for principals and other school leaders will benefit pupils and staff at California’s public schools and, ultimately, improve outcomes for pupils. (b) The 21st Century California School Leadership Academy is hereby established. (c) (1) The department and the California Collaborative for Educational Excellence shall establish a process, administered by the department, to organize and offer professional learning opportunities, and to select, subject to approval by the executive director of the state board, providers of high-quality professional learning for administrators and other school leaders to receive grants in a manner that ensures the availability of professional learning through the 21st Century California School Leadership Academy, free of charge, to local educational agencies that receive federal Title II funds on a statewide basis. (2) In designing professional learning opportunities and in selecting grantees pursuant to this section, the department and the California Collaborative for Educational Excellence shall ensure that professional learning provided through the 21st Century California School Leadership Academy includes all of the following: (A) Training and coaching for principals and other school leaders in critical areas identified by the department and the California Collaborative for Educational Excellence, in consultation with the executive director of the state board. (B) Training mentors for novice principals and teachers. (C) Training coaches to support leaders in high-need settings. (D) Training for central office leaders, principals, and other school leaders, including teacher leaders, involved in school improvement efforts. (3) Professional learning opportunities may include, but are not necessarily limited to, coaching and training around supporting effective standards-aligned instruction and other instruction that promotes critical thinking, inclusive practices, social-emotional learning, restorative practices and other alternative behavioral programs, implementing effective language acquisition programs for English learners, strategies for addressing performance gaps among pupil groups, leveraging wraparound services to support healthy development of pupils, civic engagement, building collegial environments, effectively engaging parents and guardians, and using resources provided by the department related to the California Assessment of Student Performance and Progress system established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, such as formative or interim assessments, to improve outcomes for pupils. (4) In designing and offering professional learning opportunities and in selecting grantees pursuant to this section, the department and the California Collaborative for Educational Excellence shall ensure that professional learning is provided through the 21st Century California School Leadership Academy in a manner that is consistent with the statewide system of support pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4. (d) Grantees eligible to be selected pursuant to this section shall be limited to local educational agencies, institutions of higher education, and nonprofit educational services providers. (e) Priority for professional learning through this program may be given to school districts and county offices of education eligible to receive differentiated assistance pursuant to Sections 52071 and 52071.5 and schools identified for comprehensive support as described in Section 1003(e)(1)(B) of the federal Every Student Succeeds Act. (f) (1) Grants shall be awarded for a term not to exceed three years. (2) The department and the California Collaborative for Educational Excellence shall evaluate the professional learning opportunities offered or funded through the 21st Century California School Leadership Academy for their effectiveness. The department and the California Collaborative for Educational Excellence shall establish criteria and measures to assess the performance of the grantees in performing the duties specified in this section. When performing these activities, the California Collaborative for Educational Excellence may enter into appropriate contracts to assist with program evaluation, as necessary. (3) At the conclusion of each grant term, the department and the California Collaborative for Educational Excellence may renew the selection of the grantees or reopen the selection process in a manner consistent with subdivision (c). (4) Before renewing the selection of a grantee, the department and the California Collaborative for Educational Excellence shall evaluate the grantee’s performance relative to the criteria and measures established pursuant to paragraph (2) and the grantee’s success in fulfilling the purposes of this section. (g) Grantees receiving funds pursuant to this section shall provide program information to, and as needed by, the department and the California Collaborative for Educational Excellence as a condition of receiving the funds, including participating in any external evaluation coordinated by the California Collaborative for Educational Excellence. (Amended by Stats. 2022, Ch. 52, Sec. 56. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.1. School Personnel Staff Development and Resource Centers [44681 - 44690.1] ARTICLE 5. 21st Century California School Leadership Academy [44690 - 44690.1] SECTION 44690.1. Source version: id_72c0b378-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.1.&article=5. (a) For the 2026–27 fiscal year, the department shall use the funding appropriated in Item 6100-488 of the Budget Act of 2026 to support the 21st Century California School Leadership Academy established pursuant to Section 44690 to support statewide professional learning opportunities, including, but not limited to, all of the following: (1) Professional learning, including training and coaching to support principals, teacher leaders, and other school leaders in critical areas, as determined by the department and the California Collaborative for Educational Excellence. (2) Professional learning, including training and coaching for educators pursuing a preliminary administrative services credential or a clear administrative services credential in a program approved by the commission and educators with a valid certificate of eligibility. (3) Continuing or expanding professional learning funded pursuant to Section 142 of Chapter 44 of the Statutes of 2021. (b) The funds appropriated pursuant to this section shall be available for encumbrance until June 30, 2031. (Added by Stats. 2026, Ch. 65, Sec. 77. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.2. Staff Development in the Detection of Child Abuse and Neglect [44691- 44691.] SECTION 44691. Source version: id_28b6f4a0-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.2.&article= (a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following: (1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, and post on the department’s internet website links to existing training resources. (2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following: (A) Information on the identification of child abuse and neglect. (B) Reporting requirements for child abuse and neglect. (b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs. (2) The State Department of Education shall develop appropriate means of instructing school personnel regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs. (c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do the following: (1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. (B) Provide annual training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs. (C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year. (D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 2023–24 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements. (2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that person’s employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school. (d) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place. (e) This section shall become operative on July 1, 2025. (f) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. (Amended (as added by Stats. 2024, Ch. 814, Sec. 2) by Stats. 2025, Ch. 460, Sec. 9. (SB 848) Effective January 1, 2026. Inoperative July 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 10 of Stats. 2025, Ch. 460.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.2. Staff Development in the Detection of Child Abuse and Neglect [44691- 44691.] SECTION 44691. Source version: id_2f04f308-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.2.&article= (a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following: (1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the detection and reporting of child abuse and assault, and post on the department’s internet website links to existing training resources. (2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not be limited to, both of the following: (A) Information on the identification of child abuse and neglect and child sexual abuse and assault. (B) Reporting requirements for child abuse and neglect and child sexual abuse and assault. (b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the department, private schools, and charter schools, and their school personnel and volunteers in California, regarding the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs. (2) The State Department of Education shall develop appropriate means of instructing school personnel regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs. (c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools shall do the following: (1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. (B) Provide annual training on the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs. (C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year and to volunteers upon commencing volunteer services. (D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 2023–24 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements. (2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year, within the first six weeks of that person’s employment, or within six weeks of commencing volunteer services. The process developed under this paragraph may include, but not be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school. (d) (1) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools that do not use the online training module provided by the State Department of Social Services shall use an equivalent training module developed specifically to meet the requirements of this section and report that training to the State Department of Education. (2) The alternative training module shall be approved by the public entity risk pool joint powers authority or liability insurance provider used by the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school. (e) For purposes of this section, a volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee. (f) A person who has completed the mandated reporter training provided by the State Department of Social Services and received a certificate of completion within the previous 12 months shall be deemed to satisfy the training requirements specified in this section. (g) It is the intent of the Legislature that the child sexual abuse and assault content, as added by Senate Bill 848 of the 2025–26 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2025, but instead only alter the content of those training requirements. (h) This section shall become operative on July 1, 2026. (Repealed (in Sec. 9) and added by Stats. 2025, Ch. 460, Sec. 10. (SB 848) Effective January 1, 2026. Operative July 1, 2026, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.4. Teacher Recruitment Resource Center [44750- 44750.] SECTION 44750. Source version: id_fd2947e6-8d07-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.4.&article= The Commission on Teacher Credentialing, with the assistance of the State Department of Education, shall establish and operate a resource center that shall collect and maintain information regarding state and federal programs that encourage or assist military personnel, upon retirement, to enter the teaching profession. That information shall be applied to improve the effectiveness of the commission and the department in administering teacher recruitment programs, and in responding to inquiries from local educational agencies and others. In addition, that information shall be applied to improve the ability of the commission and the department to provide assistance to military personnel, to the extent resources are available for this purpose, that includes advice regarding courses, and alternatives to traditional teacher training programs, that result in qualification for a teaching credential. (Added by Stats. 1992, Ch. 1142, Sec. 1. Effective January 1, 1993. Note: Sections 44740 and 44741 are in Chapter 3.8, which follows Section 44787.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.6. Regional Science Resource Centers [44770 - 44774] SECTION 44770. Source version: id_d561bbdd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.6.&article= In enacting this chapter, it is the intent of the Legislature to create and expand regional science resource centers to increase educational and training opportunities for the teachers and students of California. Towards that end, the Legislature intends to provide ongoing funding to support regional science resource centers, in partnership with nonprofit agencies which have demonstrated success in attaining private and governmental support for similar activities on a regional level. (Added by Stats. 1984, Ch. 1651, Sec. 1. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.6. Regional Science Resource Centers [44770 - 44774] SECTION 44771. Source version: id_d561bbdf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.6.&article= The Superintendent shall designate nonprofit agencies to serve as regional science resource centers. In order to be eligible to be designated as a regional science resource center, a nonprofit agency shall demonstrate all of the following: (a) A history of doing all of the following on a regional basis: (1) Developing and operating a large variety of high quality science exhibits. (2) Providing teacher training. (3) Providing educational services for elementary and secondary school pupils. (b) That its current efforts would be improved both qualitatively and quantitatively, and that a greater number of teachers and students would be served. (c) Historic success in attracting private and public financial support for development and use of its science exhibits and for its teacher training programs. (d) That its exhibits would be cross-referenced to appropriate instructional materials and strategies used by public school teachers providing science and mathematics instruction. (e) The ability to train a minimum of 200 teachers each year in all grade levels. (f) That local school districts have agreed to cooperate in the teacher training program by providing payment for a portion of the costs of release time for teacher training. (g) A commitment to comply with all state and local regulations in establishing priorities and implementing this chapter. (Added by Stats. 1984, Ch. 1651, Sec. 1. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.6. Regional Science Resource Centers [44770 - 44774] SECTION 44772. Source version: id_d561bbe1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.6.&article= From funds appropriated for the purposes of this chapter, the superintendent shall allocate funds to applicant regional science resource centers. The superintendent shall review each center’s application for funding to ensure that the funds will be used only for the purposes authorized by Section 44773, and that the objectives of this chapter will be carried out. (Added by Stats. 1984, Ch. 1651, Sec. 1. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.6. Regional Science Resource Centers [44770 - 44774] SECTION 44773. Source version: id_d561bbe3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.6.&article= Funds allocated to regional science resource centers pursuant to Section 44772 shall be used by the centers only for the following purposes: (a) Expansion of science exhibits. (b) Costs of institute staff training. (c) Payment of a portion of the costs incurred by school districts using the center’s services to train and retrain teachers. (d) Expansion of teacher training services and educational services to students at exhibit sites and schools. (e) Administration and evaluation of project funds. (f) Classroom materials and supplies relating to science education developed by the center. (Added by Stats. 1984, Ch. 1651, Sec. 1. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.6. Regional Science Resource Centers [44770 - 44774] SECTION 44774. Source version: id_d561bbe5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.6.&article= Funds allocated to a regional science resource center pursuant to this chapter shall supplement, and shall not supplant, funding for the continuing efforts of these centers to provide teacher training or educational services to public schools. (Added by Stats. 1984, Ch. 1651, Sec. 1. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.65. Social Tolerance Resource Centers [44776.1 - 44776.7] SECTION 44776.1. Source version: id_d5664fe1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.65.&article= In enacting this chapter, it is the intent of the Legislature to expand regional social tolerance resource centers to increase education and training opportunities for the teachers and pupils of California. Towards that end, the Legislature intends to provide one-time funding to support regional social tolerance resource centers, in partnership with nonprofit agencies that have demonstrated success in attaining private and governmental support for similar activities on a regional basis. (Added by Stats. 1995, Ch. 308, Sec. 15. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.65. Social Tolerance Resource Centers [44776.1 - 44776.7] SECTION 44776.2. Source version: id_d5664fe3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.65.&article= The Superintendent of Public Instruction shall designate nonprofit agencies to serve as regional social tolerance resource centers. In order to be eligible to be designated as a regional social tolerance resource center, a nonprofit agency shall demonstrate all of the following: (a) A history of doing all of the following on a regional basis: (1) Developing and operating a variety of high-quality interactive and multimedia exhibits on social tolerance, the Holocaust, and human rights. (2) Providing teacher training activities and curricular materials. (3) Providing educational services for elementary and secondary school pupils, with a special focus on pupils at risk of social violence. (b) That the agency’s current efforts would be improved qualitatively and quantitatively. (c) Historic success in attracting private and public financial support for the development and use of its social tolerance exhibits and for its teacher training programs. (d) That its exhibits would be cross-referenced to appropriate instructional materials and strategies used by public school teachers providing instruction in social tolerance. (e) The ability to serve a minimum of 500 teachers each year in all grade levels. (f) The ability to serve a minimum of 70,000 elementary and secondary pupils each year. (Added by Stats. 1995, Ch. 308, Sec. 15. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.65. Social Tolerance Resource Centers [44776.1 - 44776.7] SECTION 44776.3. Source version: id_d567d685-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.65.&article= The Superintendent of Public Instruction shall allocate the funds appropriated for the purposes of this chapter to applicant regional social tolerance resource centers. The superintendent shall review each center’s application for funding to ensure that the funds will be used only for the purposes authorized in this chapter. (Added by Stats. 1995, Ch. 308, Sec. 15. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.65. Social Tolerance Resource Centers [44776.1 - 44776.7] SECTION 44776.4. Source version: id_d567d687-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.65.&article= Funds allocated to regional social tolerance resource centers pursuant to Section 44776.3 shall be used by the centers only for either of the following purposes: (a) One-time expansion of social tolerance exhibits and teacher training materials. (b) One-time expenditures to reduce future ongoing facilities operations costs. (Added by Stats. 1995, Ch. 308, Sec. 15. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.65. Social Tolerance Resource Centers [44776.1 - 44776.7] SECTION 44776.5. Source version: id_d5695d29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.65.&article= Funds allocated to a regional social tolerance resource center pursuant to this chapter shall supplement and not supplant funding for the continuing efforts of these centers to provide teacher training or educational services to public schools. (Added by Stats. 1995, Ch. 308, Sec. 15. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.65. Social Tolerance Resource Centers [44776.1 - 44776.7] SECTION 44776.6. Source version: id_d5695d2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.65.&article= For the 1995–96 fiscal year, the Superintendent of Public Instruction shall designate one regional social tolerance resource center to receive funding pursuant to this chapter. (Added by Stats. 1995, Ch. 308, Sec. 15. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.65. Social Tolerance Resource Centers [44776.1 - 44776.7] SECTION 44776.7. Source version: id_d5695d2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.65.&article= Notwithstanding any other provision of law, “moneys to be applied by the state,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, includes funds appropriated for social tolerance resource centers pursuant to this chapter, whether or not those funds are allocated to school districts, as defined in Section 41302.5, or community college districts. (Added by Stats. 1995, Ch. 308, Sec. 15. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.66. Latino Heritage Resource Centers [44777.1 - 44777.7] SECTION 44777.1. Source version: id_d5695d31-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.66.&article= In enacting this chapter, it is the intent of the Legislature to foster the establishment of regional Latino heritage resource centers to increase educational opportunities for the teachers and pupils of California. Towards that end, the Legislature intends to provide one-time funding to help establish regional Latino heritage resource centers, in partnership with nonprofit agencies which have demonstrated success in attaining private and governmental support for this purpose on a regional basis. (Added by Stats. 1995, Ch. 308, Sec. 16. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.66. Latino Heritage Resource Centers [44777.1 - 44777.7] SECTION 44777.2. Source version: id_d5695d33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.66.&article= The Superintendent of Public Instruction shall designate nonprofit agencies to serve as regional Latino heritage resource centers. In order to be eligible to be designated as a regional Latino heritage resource center, a nonprofit agency shall demonstrate all of the following: (a) A sound programmatic and fiscal plan to do all of the following on a regional basis: (1) Develop a variety of high-quality permanent and changing exhibits on Latino history, art, and culture encompassing North, Central, and South America. (2) Provide teacher training activities. (3) Provide educational services for elementary and secondary school pupils. (b) Success in attracting private and public financial support for the development of its Latino heritage exhibits and educational programs. (c) That it will be providing educational services previously unavailable to pupils and teachers in the region including the development of a referral assistance program for teachers on Latino heritage issues, and the development of publications and audio-visual materials on Latino history, art, and culture. (d) That its current efforts would be improved qualitatively and quantitatively. (e) That it will collect and preserve Latino cultural heritage and artifacts. (Added by Stats. 1995, Ch. 308, Sec. 16. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.66. Latino Heritage Resource Centers [44777.1 - 44777.7] SECTION 44777.3. Source version: id_d56ae3d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.66.&article= The Superintendent of Public Instruction shall allocate the funds appropriated for the purposes of this chapter to applicant regional Latino heritage resource centers. The superintendent shall review each center’s application for funding to ensure that the funds will be used only for the purposes authorized in this chapter. (Added by Stats. 1995, Ch. 308, Sec. 16. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.66. Latino Heritage Resource Centers [44777.1 - 44777.7] SECTION 44777.4. Source version: id_d56ae3d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.66.&article= Funds allocated to regional Latino heritage resource centers pursuant to Section 44777.3 shall be used by the centers only for initial development costs of exhibits, collections, and teacher training materials in Latino heritage, encompassing history, art, and culture. (Added by Stats. 1995, Ch. 308, Sec. 16. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.66. Latino Heritage Resource Centers [44777.1 - 44777.7] SECTION 44777.5. Source version: id_d56ae3d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.66.&article= Funds allocated to a regional Latino heritage resource center pursuant to this chapter shall supplement and not supplant funding for the efforts of these centers to develop collections and to provide teacher training or educational services to public schools. (Added by Stats. 1995, Ch. 308, Sec. 16. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.66. Latino Heritage Resource Centers [44777.1 - 44777.7] SECTION 44777.6. Source version: id_d56ae3db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.66.&article= For the 1995–96 fiscal year, the Superintendent of Public Instruction shall designate one regional Latino heritage resource center to receive funding pursuant to this chapter. (Added by Stats. 1995, Ch. 308, Sec. 16. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 3.66. Latino Heritage Resource Centers [44777.1 - 44777.7] SECTION 44777.7. Source version: id_d56ae3dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=3.66.&article= Notwithstanding any other provision of law, “moneys to be applied by the state,” as used in subdivision (b) of Section 8 of Article XVI of the California Constitution, includes funds appropriated for Latino heritage resource centers pursuant to this chapter, whether or not those funds are allocated to school districts, as defined in Section 41302.5, or community college districts. (Added by Stats. 1995, Ch. 308, Sec. 16. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44800. Source version: id_d56f77d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. Every person employed by a school district as a probationary or permanent employee in a position requiring certification qualifications who enters the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service, created or authorized as such auxiliary by the Congress of the United States of America or by the Legislature of the State of California, or in the service of the United States Merchant Marine, or in full-time paid service of the American Red Cross, during any period of national emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, shall be entitled to absent himself from his duties as an employee of the district. Such absence shall not affect in any way the classification of such employee. In the case of a probationary employee, the period of such absence shall not count as part of the service required as a condition precedent to the classification of such employee as a permanent employee of the district, but such absence shall not be construed as a break in the continuity of the service of such employee for any purpose. The dismissal or termination of any probationary employee because of reduced attendance due to war conditions, after his entry into the active military service or service in the American Red Cross, shall not deprive him of any of the benefits of this section. Within six months after such employee honorably leaves such service or has been placed on inactive duty he shall, subject to the provisions of this section, be entitled to return to the position held by him at the time of his entrance into such service, at the salary to which he would have been entitled had he not absented himself from the service of the school district under this section. If such employee was employed under a lawful contract for a period in excess of one year in a position in which he had not become a permanent employee of the district, he shall be entitled to return to such position for the period his contract of employment had to run at the time he entered such service. Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such employee shall not have any right to such position following the return of such employee to the position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44801. Source version: id_d56f77d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. Every person employed by a school district as a permanent employee in a position requiring certification qualifications who is elected to the Legislature shall be granted a leave of absence from his duties as an employee of the district by the governing board of the district. During the term of such leave of absence, the employee may be employed by the school district to perform such less than full-time service requiring certification qualifications, for such compensation and upon such terms and conditions, as may be mutually agreed upon. Such absence shall not affect in any way the classification of such employee. Within six months after the term of office of such employee expires he shall be entitled to return to the position held by him at the time of his election, at the salary to which he would have been entitled had he not absented himself from the service of the school district under this section. Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such employee shall not have any right to such position following the return of such employee to the position. This section shall apply to any permanent certificated school district employee who held the office of Member of the Assembly or State Senator on or after January 4, 1965. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44802. Source version: id_d56f77d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. The governing board of any school district may provide for the payment of the actual and necessary traveling expenses of student teachers of vocational agriculture who hold certificates issued pursuant to Section 44292 when performing the duties of their positions. All payments heretofore made to student teachers of vocational agriculture on account of actual and necessary traveling expenses incurred by them when performing the duties of their respective positions are hereby confirmed, ratified, and validated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44803. Source version: id_d56f77db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. Every probationary employee of a school district which becomes in its entirety a part of a unified school district and every probationary employee of a school district employed in a school located in a portion of a school district which becomes a part of a unified school district, where the whole of the district does not become a part of a unified school district, shall become a probationary employee of the unified school district. The service of the probationary employee in the annexed district shall be considered as service in the unified school district for the purpose of any law relating to the classification of persons employed in school districts in positions requiring certification qualifications. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44805. Source version: id_d570fe7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. Every teacher in the public schools shall enforce the course of study, the use of legally authorized textbooks, and the rules and regulations prescribed for schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44806. Source version: id_09d6b075-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. As used in this chapter, the following definitions apply: (a) “Institution of higher education” has the same meaning as used in Section 44203. (b) “Regionally accredited” has the same meaning as used in Section 44203. (Added by Stats. 2021, Ch. 663, Sec. 30. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44807. Source version: id_d570fe7f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. Every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school, on the playgrounds, or during recess. A teacher, vice principal, principal, or any other certificated employee of a school district, shall not be subject to criminal prosecution or criminal penalties for the exercise, during the performance of his duties, of the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils, or to maintain proper and appropriate conditions conducive to learning. The provisions of this section are in addition to and do not supersede the provisions of Section 49000. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44808. Source version: id_d570fe83-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. Notwithstanding any other provision of this code, no school district, city or county board of education, county superintendent of schools, or any officer or employee of such district or board shall be responsible or in any way liable for the conduct or safety of any pupil of the public schools at any time when such pupil is not on school property, unless such district, board, or person has undertaken to provide transportation for such pupil to and from the school premises, has undertaken a school-sponsored activity off the premises of such school, has otherwise specifically assumed such responsibility or liability or has failed to exercise reasonable care under the circumstances. In the event of such a specific undertaking, the district, board, or person shall be liable or responsible for the conduct or safety of any pupil only while such pupil is or should be under the immediate and direct supervision of an employee of such district or board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44808.5. Source version: id_d570fe85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. The governing board of a school district may permit the pupils enrolled at any high school to leave the school grounds during the lunch period of such pupils. Neither the school district nor any officer or employee thereof shall be liable for the conduct or safety of any pupil during such time as the pupil has left the school grounds pursuant to this section. In the event that the governing board grants such permission, it shall send the following notice along with the notification of parents and guardians required by Section 48980: “The governing board of the ____ School District, pursuant to Section 44808.5 of the Education Code, has decided to permit the pupils enrolled at ____ High School to leave the school grounds during the lunch period. “Section 44808.5 of the Education Code further states: “‛ Neither the school district nor any officer or employee thereof shall be liable for the conduct or safety of any pupil during such time as the pupil has left the school grounds pursuant to this section.”’ (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44809. Source version: id_d5728527-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. (a) A state school register shall be kept by every teacher in the public elementary schools, except a teacher in: (1) A school in which the state school register of each teacher is kept on behalf of the teacher in a central office by an employee of the school district. (2) A school in which a central file of individual records of pupil enrollment, absence, and attendance is maintained on forms containing at least the minimum items of information prescribed by the State Department of Education, and whose principal submits periodic reports of pupil personnel data to the city or district superintendent of schools, or, if no superintendent is employed in the district, to the county superintendent of schools on forms approved by the State Department of Education. (b) There shall be recorded in each state school register the absence and attendance of each pupil enrolled in the classes taught by the teacher keeping the register or on whose behalf the register is kept and any additional information required by the State Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44810. Source version: id_d5728529-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. (a) Every minor over 16 years of age or adult who is not a pupil of the school, including but not limited to any such minor or adult who is the parent or guardian of a pupil of the school, who comes upon any school ground or into any schoolhouse and there willfully interferes with the discipline, good order, lawful conduct, or administration of any school class or activity of the school, with the intent to disrupt, obstruct, or to inflict damage to property or bodily injury upon any person, is guilty of a misdemeanor. (b) A violation of subdivision (a) shall be punished as follows: (1) Upon the first conviction, by a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. (2) Upon a second conviction, by imprisonment in a county jail for a period of not less than 10 days, and not more than one year, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000). The defendant shall not be released on probation, or for any other basis until he or she has served not less than 10 days in a county jail. (3) Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than 90 days, and not more than one year, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000). The defendant shall not be released on probation, or for any other basis until he or she has served not less than 90 days in a county jail. (4) Upon a showing of good cause, the court may find that for any mandatory minimum imprisonment specified by paragraph (2) or (3) of this subdivision, the imprisonment shall not be imposed, and the court may grant probation, or the suspension of the execution or imposition of the sentence. (Amended by Stats. 1999, Ch. 1013, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44811. Source version: id_d572852b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. (a) Any parent, guardian, or other person whose conduct in a place where a school employee is required to be in the course of his or her duties materially disrupts classwork or extracurricular activities or involves substantial disorder is guilty of a misdemeanor. (b) A violation of subdivision (a) shall be punished as follows: (1) Upon the first conviction, by a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment. (2) Upon a second conviction, by imprisonment in a county jail for a period of not less than 10 days, and not more than one year, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000). The defendant shall not be released on probation, or for any other basis until he or she has served not less than 10 days in a county jail. (3) Upon a third or subsequent conviction, by imprisonment in a county jail for a period of not less than 90 days, and not more than one year, or by both imprisonment and a fine not exceeding one thousand dollars ($1,000). The defendant shall not be released on probation, or for any other basis until he or she has served not less than 90 days in a county jail. (4) Upon a showing of good cause, the court may find that for any mandatory minimum imprisonment specified by paragraph (2) or (3) of this subdivision, the imprisonment shall not be imposed, and the court may grant probation, or the suspension of the execution or imposition of the sentence. (c) This section shall not apply to any otherwise lawful employee concerted activity, including, but not limited to, picketing and the distribution of handbills. (Amended by Stats. 1999, Ch. 1013, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44813. Source version: id_d572852d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. The governing board of every school district shall allow each teacher employed for full time in any regular day school in which two or more teachers are employed, one duty-free lunch period each day in the manner and at the time prescribed by regulation of the State Board of Education. The State Board of Education shall adopt rules and regulations fixing the duration of the duty-free lunch period of certificated employees of school districts, the time of day when the lunch period shall be granted, and prescribing the conditions under which the duty-free lunch period shall be allowed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44814. Source version: id_d572852f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. Recognizing that an adequate lunch period free from duty is essential to the health, morale and efficiency of teachers employed full time in any regular day school, the Legislature declares that it is the policy of the state to encourage school districts to provide for an adequate duty-free lunch period for teachers. In order to provide for such duty-free lunch periods, the governing board of any school district may utilize recreation personnel or other suitable persons to supervise the pupils of the district during the school lunch period. The provisions of this section shall prevail over any provision of Section 44813 which conflicts herewith. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44815. Source version: id_d5728531-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. The governing board of any school district may also utilize persons not having certification qualifications to supervise the pupils of the district during any breakfast period or other nutrition period. The compensation of such personnel may be paid from funds from which the compensation of personnel employed under Section 44814 may be paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44816. Source version: id_d5740bd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. Except in districts exempted by the Department of Education and in which regular periodic reports of pupil and employee personnel data are submitted by the principal of each school to the city or district superintendent of schools, or, if no superintendent is employed in the district, to the county superintendent of schools on forms approved by the Department of Education, every teacher in the public elementary schools shall at the close of school during each school year make an annual report to the principal of the school in which he is employed; or, in the case of one-teacher schools, to the city or district superintendent of schools, or, if no superintendent is employed, to the county superintendent of schools on forms furnished by the Superintendent of Public Instruction. Any teacher who is teaching in any school at the close of school shall, in his annual report, include all statistics for the entire school year. Where one teacher is in charge of a class and keeps the records thereof, assistant teachers or other teachers of the class or any of the pupils thereof who are required to keep no records shall not be required to render reports. The city, district, or county superintendent of schools shall in no case draw a requisition for the salary of any teacher for the last month of a school term, until the report has been filed by him and approved. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44817. Source version: id_d5740bd5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. The principal of each elementary school when directed by the city or district superintendent of schools shall submit an annual report to such superintendent, or, if no superintendent is employed in the district, to the county superintendent of schools, on forms furnished by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44818. Source version: id_d5740bd7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. The principal of each high school, when directed by the city or district superintendent of schools, shall make an annual report to such superintendent, or, if no superintendent is employed in the district, to the county superintendent of schools, on forms furnished by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44821. Source version: id_d5740bd9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. A high school principal shall not enter into any contract to act as a principal or supervising principal of any elementary school, except an elementary school in the district in which the high school is located, without the approval of the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44822. Source version: id_d5740bdb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. The principal of any high school may act as principal of any elementary school situated in the high school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44823. Source version: id_d575927d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. The principal of any high school may act as the supervising principal of two or more elementary schools situated in the high school district without regard to the number of teachers employed in each of the elementary schools, if so desired by the trustees of the elementary school district or districts and the high school board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 1. Rights and Duties [44800 - 44824] SECTION 44824. Source version: id_d575927f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=1. A full-time probationary or permanent classroom teacher currently employed by a school district which decides to maintain classes on Saturday or Sunday, or both, shall not, without his written consent, be required to teach under such program for more than 180 full days during a school year, or for more than the number of full days the schools of the district were maintained during the year preceding implementation of weekend classes, whichever is greater. This section shall not be construed as limiting the power of any governing board of a school district to govern the schools of the district, including the assignment of teachers employed by the district. No such classroom teacher shall be assigned to perform services on a Saturday or Sunday if such teacher objects in writing that such assignment would conflict with his or her religious beliefs or practices. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44830. Source version: id_1842d719-395d-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) The governing board of a school district shall employ for positions requiring certification qualifications, only persons who possess the qualifications for those positions prescribed by law. It is contrary to the public policy of this state for a person or persons charged, by the governing boards, with the responsibility of recommending persons for employment by the boards to refuse or to fail to do so for reasons of race, color, religious creed, sex, or national origin of the applicants for that employment. (b) (1) The governing board of a school district shall not initially hire on a permanent, temporary, or substitute basis a certificated person seeking employment in the capacity designated in the certificated person’s credential unless that person has demonstrated basic skills proficiency as provided in Section 44252.5 or is exempt from the requirement by subdivision (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), or (m). (A) The governing board of a school district, with the authorization of the commission, may administer the state basic skills proficiency test required under Sections 44252 and 44252.5. (B) The Superintendent, in conjunction with the commission and local governing boards, shall take steps necessary to ensure the effective implementation of this subdivision. (2) It is the intent of the Legislature that in effectively implementing this subdivision, the governing boards of school districts shall direct superintendents of schools to prepare for emergencies by developing a pool of qualified emergency substitute teachers. This preparation shall include public notice of the test requirements and of the dates and locations of administrations of the tests. The governing board of a school district shall make special efforts to encourage individuals who are known to be qualified in other respects as substitutes to take the state basic skills proficiency test at its earliest administration. (3) Demonstration of proficiency in reading, writing, and mathematics by a person pursuant to Section 44252 satisfies the requirements of this subdivision. (c) A certificated person is not required to take the state basic skills proficiency examination if the certificated person has taken and passed it at least once, achieved a passing score on any of the tests specified in subdivision (b) of Section 44252, or possessed a credential before the enactment of the statute that made the test a requirement. (d) This section does not require a person employed solely for purposes of teaching adults in an apprenticeship program, approved by the Division of Apprenticeship Standards of the Department of Industrial Relations, to pass the state proficiency assessment instrument as a condition of employment. (e) This section does not require the holder of a childcare permit or a permit authorizing service in a development center for the handicapped to take the state basic skills proficiency test, so long as the holder of the permit is not required to have a baccalaureate degree. (f) This section does not require the holder of a credential issued by the commission who seeks an additional credential or authorization to teach, to take the state basic skills proficiency test. (g) This section does not require the holder of a credential to provide service in the health profession to take the state basic skills proficiency test if that person does not teach in the public schools. (h) This section does not require the holder of a designated subjects special subjects credential to pass the state basic skills proficiency test as a condition of employment unless the requirements for the specific credential require the possession of a baccalaureate degree. The governing board of a school district, the governing board of a consortium of school districts, or a governing board involved in a joint powers agreement that employs the holder of a designated subjects special subjects credential shall establish its own basic skills proficiency for these credentials and shall arrange for those individuals to be assessed. The basic skills proficiency criteria established by the governing board shall be at least equivalent to the test required by the district, or in the case of a consortium or a joint powers agreement, by any of the participating districts, for graduation from high school. The governing board or boards may charge a fee to individuals being tested to cover the costs of the test, including the costs of developing, administering, and grading the test. (i) This section does not require the holder of a preliminary or clear designated subjects career technical education teaching credential to pass the state basic skills proficiency test. (j) This section does not require certificated personnel employed under a foreign exchange program to take the state basic skills proficiency test. The maximum period of exemption under this subdivision shall be one year. (k) This section does not require a credential applicant who qualifies for an exemption described in paragraph (10) or (11) of subdivision (b) of Section 44252 to take the state basic skills proficiency test. (l) Notwithstanding any other law, a school district or county office of education may hire certificated personnel who have not taken the state basic skills proficiency test if that person has not yet been afforded the opportunity to take the test. The person shall take the test at the earliest opportunity and may remain employed by the school district pending the receipt of the person’s test results. (m) A person is deemed to have demonstrated basic skills proficiency if they possess a baccalaureate degree or higher degree from a regionally accredited institution of higher education. (Amended by Stats. 2024, Ch. 38, Sec. 39. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44830.1. Source version: id_2d35c602-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony, or of a sex offense, shall be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony, or of a sex offense, and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employee’s second probationary year. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit their employment thereafter. (b) This section applies to any violent, serious, or sex offense which, if committed in this state, would have been punishable as a violent or serious felony or as a sex offense. (c) (1) For purposes of this section, all of the following apply: (A) A violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code. (B) A serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (C) A sex offense is an offense listed in Section 44010 other than those described in subparagraph (A) or (B). (2) For purposes of this section, a plea of nolo contendere to a serious or violent felony or a sex offense constitutes a conviction. (3) For purposes of this section, the term “school district” has the same meaning as defined in Section 41302.5. (d) When the governing board of any school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the person’s fingerprints together with a personal description and the fee, shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice. (e) When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the department. (f) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony, or of a sex offense, if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (g) Notwithstanding subdivision (f), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony or sex offense if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that they have been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which they are a resident. (h) Notwithstanding any other law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employee’s second probationary year, has been convicted of a violent or serious felony, or of a sex offense, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. (i) An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code. (j) Notwithstanding Section 47610, this section applies to a charter school. (k) This section shall not apply to a certificated employee who applies to renew their credential when both of the following conditions have been met: (1) The employee’s original application for credential was accompanied by that person’s fingerprints. (2) The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of their credential or their credential has not expired between renewals. (l) Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k). (m) This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, 1997. (n) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following: (1) No recipient may disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice. (Amended by Stats. 2025, Ch. 460, Sec. 11. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44830.2. Source version: id_d5771927-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) For situations in which a person is an applicant for employment, or is employed on a part-time or substitute basis, in a position requiring certification qualifications in multiple school districts within a county or within contiguous counties, the districts may agree among themselves to designate a single district, or a county superintendent may agree to act on behalf of participating districts within the county or contiguous counties, for the purposes of performing the following functions: (1) Sending fingerprints to the Department of Justice. (2) Receiving reports of convictions of serious and violent felonies. (3) Reviewing criminal history records and reports of subsequent arrests from the Department of Justice. (4) Maintaining common lists of persons eligible for employment. (b) The school district or county superintendent serving in the capacity authorized in subdivision (a) shall be considered the employer for purposes of subdivisions (a), (d), and (g) of Section 44830.1. (c) Upon receipt from the Department of Justice of a report of conviction of a serious or violent felony, the designated school district or county superintendent shall communicate that fact to the participating districts and remove the affected employee from the common list of persons eligible for employment. (d) Upon receipt from the Department of Justice of a criminal history record or report of subsequent arrest for any person on a common list of persons eligible for employment, the designated school district or county superintendent shall give notice to the superintendent of any participating district or a person designated in writing by that superintendent, that the report is available for inspection on a confidential basis by the superintendent or authorized designee, at the office of the designated school district or county superintendent, for a period of 30 days following receipt of notice, to enable the employing school district to determine whether the employee meets that district’s criteria for continued employment. The designated school district or county superintendent shall not release a copy of that information to any participating district or any other person, shall retain or dispose of the information in the manner required by law after all participating districts have had an opportunity to inspect it in accordance with this section, and shall maintain a record of all persons to whom the information has been shown that shall be available to the Department of Justice to monitor compliance with the requirements of confidentiality contained in this section. (e) Any agency processing Department of Justice responses pursuant to this section shall submit an interagency agreement to the Department of Justice to establish authorization to submit and receive information pursuant to this section. (f) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following: (1) No recipient may disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice. (Added by Stats. 1998, Ch. 840, Sec. 7. Effective September 25, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44830.3. Source version: id_aa51742b-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) The governing board of any school district that maintains prekindergarten, kindergarten, or any of grades 1 to 12, inclusive, classes in bilingual education, or special education programs, may, in consultation with a regionally accredited institution of higher education offering an approved program of pedagogical teacher preparation, employ persons authorized by the Commission on Teacher Credentialing to provide service as district interns to provide instruction to pupils in those grades or classes as a classroom teacher. The governing board shall require that each district intern be assisted and guided by a certificated employee selected through a competitive process adopted by the governing board after consultation with the exclusive teacher representative unit or by personnel employed by institutions of higher education to supervise student teachers. These certificated employees shall possess valid certification at the same level, or of the same type of credential, as the district interns they serve. (b) The governing board of each school district employing district interns shall develop and implement a professional development plan for district interns in consultation with a regionally accredited institution of higher education offering an approved program of pedagogical preparation. The professional development plan shall include all of the following: (1) Provisions for an annual evaluation of the district intern. (2) As the governing board determines necessary, a description of courses to be completed by the district intern, if any, and a plan for the completion of preservice or other clinical training, if any, including student teaching. (3) Mandatory preservice training for district interns tailored to the grade level or class to be taught, through either of the following options: (A) One hundred twenty clock hours of preservice training and orientation in the aspects of child development, classroom organization and management, pedagogy, and methods of teaching the subject field or fields in which the district intern will be assigned, which training and orientation period shall be under the direct supervision of an experienced permanent teacher. In addition, persons holding district intern certificates issued by the commission pursuant to Section 44325 shall receive orientation in methods of teaching pupils with disabilities. At the conclusion of the preservice training period, the permanent teacher shall provide the district with information regarding the area that should be emphasized in the future training of the district intern. (B) The successful completion, before service by the intern in any classroom, of six semester units of coursework from a regionally accredited institution of higher education designed in cooperation with the school district to provide instruction and orientation in the aspects of child development and the methods of teaching the subject matter or matters in which the district intern will be assigned. (4) Instruction in child development and the methods of teaching during the first semester of service for district interns teaching in prekindergarten, kindergarten, or any of grades 1 to 6, inclusive, including bilingual education classes and special education programs. (5) Instruction in the culture and methods of teaching bilingual pupils during the first year of service for district interns teaching pupils in bilingual classes and, for persons holding district intern certificates issued by the commission pursuant to Section 44325, instruction in the etiology and methods of teaching pupils with disabilities. (6) Any other criteria that may be required by the governing board. (7) In addition to the requirements set forth in paragraphs (1) to (6), inclusive, the professional development plan for district interns teaching in special education programs shall also include 120 clock hours of mandatory training and supervised fieldwork that shall include, but not be limited to, instructional practices, and the procedures and pedagogy of both general education programs and special education programs that teach pupils with disabilities. (8) In addition to the requirements set forth in paragraphs (1) to (6), inclusive, the professional development plan for district interns teaching bilingual classes shall also include 120 clock hours of mandatory training and orientation, which shall include, but not be limited to, instruction in subject matter relating to bilingual-crosscultural language and academic development. (9) The professional development plan for district interns teaching in special education programs shall be based on the standards adopted by the commission as provided in subdivision (a) of Section 44327. (c) Each district intern and each district teacher assigned to supervise the district intern during the preservice period shall be compensated for the preservice period required pursuant to subparagraph (A) or (B) of paragraph (3) of subdivision (b). The compensation shall be that which is normally provided by each district for staff development or in-service activity. (d) Upon completion of service sufficient to meet program standards and performance assessments, the governing board may recommend to the Commission on Teacher Credentialing that the district intern be credentialed in the manner prescribed by Section 44328. (Amended by Stats. 2021, Ch. 663, Sec. 31. (AB 320) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44830.5. Source version: id_d5789fcb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The Legislature hereby declares that it is contrary to the interests of this state and the people thereof for the governing board of any school district to adhere to a strict ethnic ratio in the assignment of certificated employees of the district. (Added by Stats. 1978, Ch. 1179.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44830.7. Source version: id_ee0bbadf-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Every contract for employment for a position requiring certification qualifications between a school district governing board and a person who possesses certification qualifications from another state shall provide that employment shall terminate upon notice by the Commission on Teacher Credentialing to the district and the employee, that the employee does not have the necessary qualifications for the credential required by law for the position for which the service was rendered. (Amended by Stats. 2009, Ch. 53, Sec. 10. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44831. Source version: id_341850f4-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The governing board of a school district shall employ persons in public school service requiring certification qualifications as provided in this code, except that the governing board or a county office of education may contract with or employ an individual who holds a license issued by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board and has earned a master’s degree in communication disorders to provide speech and language services if that individual meets the requirements of Section 44332.6 before employment or execution of the contract. (Amended by Stats. 2025, Ch. 592, Sec. 36. (SB 861) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44832. Source version: id_d57a2671-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) Notwithstanding Section 44842, and except for employees who are notified pursuant to Section 44955, each classroom teacher shall, by May 15 of each year, inform the employing school district whether he or she intends to return to a teaching position for the following school year. (b) The school district and the exclusive bargaining representative may agree to include provisions regarding the requirements of subdivision (a) in any collective bargaining agreement applying to classroom teachers. (c) This section shall apply only to teachers in school districts having an average daily attendance of less than 2,500. (Added by Stats. 1991, Ch. 375, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44833. Source version: id_d57a2673-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Notwithstanding the provisions of Sections 44001, 44830, 44831, or any other provision of law, a noncertificated student enrolled in any public or private college or university in California may be permitted by the governing board of a school district maintaining any of grades 1 through 8, to serve in elementary schools or child care centers as a nonteaching aide under the following conditions: (a) Such service by the student is based upon a program for the part-time employment of students established by the college or university under those provisions of the federal statute cited as the Economic Opportunity Act of 1964 (Public Law 452, of the 88th Congress), and acts amendatory thereof, which provide for federal financial grants for work-study programs. (b) The compensation being received by the student for such services is provided, at least in part, by grants made to the college or university by the government of the United States for a program of the type specified in subdivision (a). (c) The student has been determined under procedures established by the Department of Education to be free of any disability of person or character (other than in professional competency) which would prohibit the issuance to him of any credential or certification document provided for under this code if he were otherwise qualified therefor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44834. Source version: id_d57a2675-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) Notwithstanding any other provision of law, on and after the effective date of this section the governing board of a school district may employ an individual in any administrative or supervisory position, irrespective of whether or not that person holds any supervisory or administrative credential if he or she meets all of the following criteria: (1) He or she holds a valid teaching credential. (2) He or she has completed 15 years service as a teacher, as defined in Section 41011, including 10 years of teaching service in the employ of the district which appoints him or her to an administrative or supervisory position. (3) The last 10 years of service immediately preceding his or her appointment to an administrative or supervisory position were as a teacher of the natural sciences, the social sciences (other than education or educational methodology), the humanities, mathematics, and the fine arts. (b) Commencing January 1, 1991, subdivision (a) shall apply only to persons who were employed by the governing board of a school district in a supervisory or administrative position on or before January 1, 1991, pursuant to the requirements of this section as it read on December 31, 1990. (Amended by Stats. 1990, Ch. 979, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44834.1. Source version: id_d57bad17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. On or before June 30, 1991, the Commission on Teacher Credentialing shall adopt criteria to exempt from the requirement of obtaining an administrative services credential those certificated employees who participate in innovative programs of school organization that may be developed by the certificated personnel, including, but not limited to, administrators and teachers of a school district. Any exemption granted by the commission under this section shall be valid only in the school district for which the exemption has been approved. It is the intent of the Legislature that institutions of higher education be encouraged to actively participate in partnerships with the local governing boards of school districts, school district administrators, teachers, and other certificated personnel in the development and implementation of innovative programs of school organization. (Added by Stats. 1990, Ch. 979, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44834.2. Source version: id_d57bad19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. It is the intent of the Legislature that the minimum requirements for the administrative services credential prescribed by Sections 44270 and 44270.1 include an integration of theoretical knowledge and the demonstration of skills. It is further the intent of the Legislature that the minimum requirements for the administrative services credential reflect an appropriate balance of coursework, supervised fieldwork, and related experiences designed to contribute to the development and improvement of the educational leadership skills necessary to perform the duties of a school administrator. (Amended by Stats. 1994, Ch. 922, Sec. 91. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44835. Source version: id_d57bad1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. A student providing services in elementary schools or child development facilities as a nonteaching aide shall perform no instructional work; but shall, under the immediate supervision and direction of a certificated employee, perform noninstructional work which serves to assist certificated personnel in performance of teaching and administrative responsibilities. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44836. Source version: id_d57bad1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) (1) The governing board of a school district shall not employ or retain in employment persons in public school service who have been convicted, or who have been convicted following a plea of nolo contendere to charges, of any sex offense as defined in Section 44010. (2) If a person’s conviction of a sex offense as defined in Section 44010 is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter. If the dismissal was pursuant to Section 1203.4 of the Penal Code and the victim of the sex offense was a minor, this section does prohibit the person’s employment. (b) (1) The governing board of a school district also shall not employ or retain in employment persons in public school service who have been convicted of any controlled substance offense as defined in Section 44011. (2) If a person’s conviction for a controlled substance offense as defined in Section 44011 is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter. (c) Notwithstanding subdivision (b), the governing board of a school district may employ a person convicted of a controlled substance offense in a position requiring certification qualifications if that person holds an appropriate credential issued by the Commission on Teacher Credentialing. (Amended by Stats. 1998, Ch. 840, Sec. 8. Effective September 25, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44837. Source version: id_d57bad1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Governing boards of school districts shall not employ or retain in employment any person in public school service who has been determined to be a sexual psychopath under the provisions of Article 1 (commencing with Section 6300), Chapter 2, Part 2, Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state. If, however, such determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding or the proceeding to determine whether he is a sexual psychopath is dismissed, this section does not prohibit his employment thereafter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44838. Source version: id_d57bad21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The governing board of a school district shall, as a condition to employment, require an applicant for a position requiring certification qualification to furnish a statement of the military service of the applicant and, if any was rendered, a copy of the discharge or release from service. If no such document is available, the governing board may accept other suitable evidence of the conditions under which the military service of the applicant was terminated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44839. Source version: id_f1d87a51-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) When a school district or a county superintendent of schools wishes to employ a person in a position requiring certification qualifications and that person has not previously been employed in a position requiring certification qualifications in this state, the district or county superintendent shall require a medical certificate in such form as shall be prescribed by the state board showing that the applicant is free from any disabling disease unfitting the applicant to instruct or associate with children. The medical certificate shall be submitted directly to the governing board or county superintendent by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, a licensed advanced practice registered nurse acting pursuant to standardized procedures and protocols in compliance with Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure pursuant to federal law. The medical examination shall have been conducted not more than six months before the submission of the certificate and shall be at the expense of the applicant. A governing board or county superintendent may offer a contract of employment to an applicant subject to the submission of the required medical certificate. Notwithstanding Section 44031, the medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee. (b) The governing board of a school district or a county superintendent of schools may require certificated employees to undergo a periodic medical examination by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, a licensed advanced practice registered nurse acting pursuant to standardized procedures and protocols in compliance with Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure pursuant to federal law, to determine that the employee is free from any communicable disease unfitting the applicant to instruct or associate with children. The periodic medical examination shall be at the expense of the school district or county superintendent. The medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee. (c) The state board shall adopt rules and regulations relating to the implementation and administration of this section. (Amended by Stats. 2009, Ch. 34, Sec. 1. (SB 171) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44839.5. Source version: id_f5cbd493-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) When a school district or county superintendent of schools wishes to employ a retirant who is retired for service, and such person has not been previously employed as a retirant, such district or county superintendent shall require, as a condition of initial employment as a retirant, a medical certificate in such form as shall be prescribed by the state board showing that the retirant is free from any disabling disease unfitting him or her to instruct or associate with children. The medical certificate shall be completed and submitted directly to the school district or county superintendent by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, a licensed advanced practice registered nurse acting pursuant to standardized procedures and protocols in compliance with Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure pursuant to federal law. A medical examination as prescribed by the State Board of Education shall be required for the completion of the medical certificate. Such examination shall be conducted not more than six months before the completion and submission of the certificate and shall be at the expense of the retirant. Notwithstanding Section 44031, the medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee. (b) The school district or county superintendent of schools which initially employed the retirant, or any school district or county superintendent which subsequently employs the retirant, may require a periodic medical examination by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, a licensed advanced practice registered nurse acting pursuant to standardized procedures and protocols in compliance with Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure pursuant to federal law, to determine that the retirant is free from any communicable disease unfitting him or her to instruct or associate with children. The periodic medical examination shall be at the expense of the school district or county superintendent. The medical certificate shall become a part of the personnel record of the retirant and shall be open to the retirant or his or her designee. (c) The state board shall adopt rules and regulations relating to the implementation and administration of this section. (Amended by Stats. 2009, Ch. 34, Sec. 2. (SB 171) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44840. Source version: id_d57d33c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Persons in positions requiring certification qualifications may be elected for the next ensuing school year on and after the 15th day of March, and each person so elected shall be deemed reelected from year to year except as provided in Section 35043, Sections 44221 to 44227, inclusive, Sections 44831 to 44891, inclusive, Sections 44893 to 44900, inclusive, Sections 44901 to 44906, inclusive, and Sections 44908 to 44919, inclusive. At any time after the 31st day of December, any person not then employed in the school district may be elected for the next ensuing school year to a position requiring certification qualifications. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44841. Source version: id_eae70236-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Commencing July 1, 2025, a school district, county office of education, charter school, or state special school shall not hire any person for purposes of a short-term staff permit, provisional internship permit, or a teaching permit for statutory leave, as described in Sections 80021, 80021.1, and 80022, respectively, of Article 2 of Chapter 1 of Division 8 of Title 5 of the California Code of Regulations, unless that person has a certification in cardiopulmonary resuscitation (CPR) that meets the standards established by the American Heart Association or the American Red Cross. (Added by Stats. 2024, Ch. 65, Sec. 3. (AB 2345) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44842. Source version: id_d57d33c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) Except as set forth in subdivision (b), if, without good cause, a probationary or permanent employee of a school district fails prior to July 1 of any school year to notify the governing board of the district of his or her intention to remain or not to remain in the service of the district, as the case may be, during the ensuing school year if a request to give such notice, including a copy of this section, shall have been personally served upon the employee, or mailed to him or her by United States certified mail with return receipt requested to his or her last known place of address, by the clerk or secretary of the governing board of the school district, not later than the preceding May 30, the employee may be deemed to have declined employment and his or her services as an employee of the district may be terminated on June 30 of that year. (b) (1) In the case of an employee of a year-round school serving in a track that starts within 14 days of July 1, and serves in a position requiring certification qualifications, if the school district has, by April 30, requested that the employee notify the school district by June 1, of that year of his or her intention to remain or not to remain in the service of the school district for the following school year, and the employee, without good cause, fails to provide that notice, the school district may deem the employee to have declined employment and may terminate his or her services as an employee of the school district on June 30 of that year. An employee who gives notice of resignation pursuant to this paragraph after May 31, but before June 30, shall be released from his or her contract within 30 days of the employee’s notice, or as soon as a replacement employee is obtained, whichever occurs first. (2) The request for notice sent to the employee by the school district pursuant to this subdivision shall be in writing and shall, along with a copy of this section, be either personally served upon the employee, or mailed to him or her by United States certified mail with return receipt requested to his or her last known address, by the clerk or secretary of the governing board of the school district. (c) If, without good cause, a probationary or permanent employee of a school district fails to report for duty at the beginning of the ensuing school year after having notified the governing board of the district of his or her intention to remain in the service of the district in accordance with the procedures specified above, the employee may be deemed to have declined employment and his or her services as an employee of the district may be terminated on the day following the 20th consecutive day of absence. No school district may terminate any employee pursuant to this subdivision unless the district has specifically notified the employee, at least five days in advance, of the time and place at which the employee was to report to work, and the employee did not request or was not granted a leave of absence authorized by the governing board of the district. This subdivision is applicable only to employees who were on leave of absence for 20 or more consecutive working days after April 30 of the previous school year. (Amended by Stats. 1998, Ch. 533, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44843. Source version: id_afee119d-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The county superintendent of schools shall be given immediate notice in writing by the governing board of the school district of the employment of persons for positions requiring certification qualifications. The notice shall include, but not be limited to, such data as may be prescribed by the Superintendent, in regulations that the Superintendent may by this provision adopt. (Amended by Stats. 2021, Ch. 666, Sec. 35. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44844. Source version: id_d57eba6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Except as otherwise provided in Sections 44831 to 44855, inclusive, every probationary or permanent employee employed before July 1, 1947, shall be deemed to have been employed on the date upon which he first accepted employment in a probationary position. (Amended by Stats. 1977, Ch. 433.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44845. Source version: id_d57eba6f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Every probationary or permanent employee employed after June 30, 1947, shall be deemed to have been employed on the date upon which he first rendered paid service in a probationary position. (Amended by Stats. 1977, Ch. 433.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44846. Source version: id_d57eba71-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The following general provisions shall apply regardless of date of employment: As between two or more employees who first rendered paid service to the district on the same date, and who, following the termination of services, have a statutory preference to reappointment in the order of original employment, the governing board shall determine the order of reemployment solely on the basis of the needs of the district and the students thereof. Any terminated employee subject to the conditions of this section shall, upon request, be furnished in writing, no later than 15 days following such request, the reasons and basis of the needs of the district and the students thereof utilized by the governing board in determining which employee or employees shall be reappointed. This requirement that the governing board provide, on request, a written statement of reasons for determining the order of reappointment shall not be interpreted to give affected employees any legal right or interest that would not exist without such a requirement. Records showing date of employment, whether kept by the district or by the county, shall be accessible, on demand, to any certificated employee of the district or to his designated representative. In the absence of records as to any of the matters referred to in the two preceding sections, the governing board, in accordance with evidence presented, shall determine the order of employment after giving employees a reasonable opportunity to present such evidence. The order of employment in all districts, when required, shall be determined as prescribed by Sections 44830 to 44855, inclusive. The governing board shall have power and it shall be its duty to correct any errors discovered from time to time in its records showing the order of employment. (Amended by Stats. 1978, Ch. 898.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44847. Source version: id_d57eba73-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. When any school or part thereof shall have been transferred from one district to another, employment for any employees who transfer with said school or part thereof shall date from the time said employees first accepted employment (if before July 1, 1947) or rendered paid service (if after June 30, 1947) as probationary employees in the district from which the school or part thereof and the said employees were transferred. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44848. Source version: id_d57eba75-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. When any certificated employee shall have resigned or been dismissed for cause and shall thereafter have been reemployed by the board, his date of employment shall be deemed to be the date on which he first accepted reemployment (if reemployed before July 1, 1947) or rendered paid service (if reemployed after June 30, 1947) after his reemployment. When an employee’s services are terminated for lack of enrollment or discontinuance of service or are otherwise interrupted in a manner declared by law not to constitute a break in service, his original order of employment shall stand. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44849. Source version: id_d57eba77-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Nothing in Sections 35029, 35161, 35162, Sections 44030 to 44034, inclusive, Sections 44036 to 44048, inclusive, Sections 44800 to 44802, inclusive, Sections 44804 to 44824, inclusive, Sections 45021 to 45060, inclusive, Sections 48913, 87462, 87463, 87469, 88021, 88071, Article 1 (commencing with Section 7000) of Chapter 1, Article 1 (commencing with Section 7100) of Chapter 2 of Part 5, Chapter 4 (commencing with Section 10300) of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, Article 1 (commencing with Section 44000), Article 3 (commencing with Section 44060) of Chapter 1, Chapter 2 (commencing with Section 44200), Chapter 3 (commencing with Section 44400), Article 2 (commencing with Section 44830), Article 3 (commencing with Section 44930) of Chapter 4, Chapter 5 (commencing with Section 45100), Article 2 (commencing with Section 87600), Article 4 (commencing with Section 87660) of Chapter 3 of Part 51, shall be construed in a manner as to deprive any person of his or her rights and remedies in a court of competent jurisdiction on a question of law and fact. (Amended by Stats. 1990, Ch. 1372, Sec. 196.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44850. Source version: id_d5804019-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Nothing in Sections 35029, 35161, 35162, Sections 44030 to 44034, inclusive, Sections 44036 to 44048, inclusive, Sections 44800 to 44802, inclusive, Sections 44804 to 44824, inclusive, Sections 45021 to 45060, inclusive, Sections 48913, 87462, 87463, 87469, 88021, 88071, Article 1 (commencing with Section 7000) of Chapter 1, Article 1 (commencing with Section 7100) of Chapter 2 of Part 5, Chapter 4 (commencing with Section 10300) of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, Article 1 (commencing with Section 44000), Article 3 (commencing with Section 44060) of Chapter 1, Chapter 2 (commencing with Section 44200), Chapter 3 (commencing with Section 44400), Article 2 (commencing with Section 44830), Article 3 (commencing with Section 44930) of Chapter 4, Chapter 5 (commencing with Section 45100), Article 2 (commencing with Section 87600), Article 4 (commencing with Section 87660) of Chapter 3 of Part 51, shall be construed so as to repeal or negate any provisions concerning employees of school districts contained in the charter of any city, county, or city and county, adopted and approved in conformity with Article XI of the Constitution of this state. (Amended by Stats. 1990, Ch. 1372, Sec. 197.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44850.1. Source version: id_d580401b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Notwithstanding Section 44850, and notwithstanding provisions of the charter of any city or city and county to the contrary, on and after July 1, 1978, the certificated employees of any school district governed by such a charter who serve as the head of a department of the district or in an administrative or supervisory position shall neither acquire nor retain permanent status in such position unless the employee is or becomes eligible for permanent status in accordance with provisions of this code. (Amended by Stats. 1978, Ch. 315.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44851. Source version: id_d580401d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. All employments under the provisions of Section 35161, Sections 44221 to 44227, inclusive, Sections 44831 to 44887, inclusive, Sections 44889 to 44891, inclusive, Sections 44893 to 44906, inclusive, Sections 44908 to 44919, inclusive, Sections 87462 and 87469, shall be subordinate to the right of the Legislature to amend or repeal Section 35161, Sections 44221 to 44227, inclusive, Sections 44831 to 44887, inclusive, Sections 44889 to 44891, inclusive, Sections 44893 to 44906, inclusive, Sections 44908 to 44919, inclusive, Sections 87462 and 87469, or any provision or provisions thereof at any time, and nothing herein contained shall be construed to confer upon any person employed pursuant to the provisions hereof a contract which will be impaired by the amendment or repeal of Section 35161, Sections 44221 to 44227, inclusive, Sections 44831 to 44887, inclusive, Sections 44889 to 44891, inclusive, Sections 44893 to 44906, inclusive, Sections 44908 to 44919, inclusive, Sections 87462 and 87469, or of any provision or provisions thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44852. Source version: id_d581c6bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Nothing in this code shall be construed as prohibiting the employment of persons in positions requiring certification qualifications for less than a full school year in temporary schools or classes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44853. Source version: id_f9b48075-f548-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The governing board of any school district, subject to the rules and regulations prescribed by the state board, may enter into an agreement with the proper authorities of any foreign country, or of any state, territory, or possession of the United States, or other district within the state, for the exchange and employment of regularly credentialed employees and employees of public schools of any foreign country, state, territory, or possession, or other district within this state. Any certificated person employed as provided in this section shall be known as an “exchange certificated employee.” No exchange shall be made without the consent of the employee to be exchanged. Due consideration shall be given to the general qualifications and professional status of the exchange employee as compared to the general qualifications and professional status of the employee for whom exchanged. However, it shall not be a requirement that an exchange certificated employee be a teacher of the same subject or grade, or both, as the employee for whom exchanged. If the service authorized is other than teaching, it shall not be a requirement that the service be at the same grade level or that the service be exactly the same as the employee for whom exchanged. A person shall not be employed as an exchange employee by a school district in the state unless he or she holds the necessary valid credential or credentials issued by the Commission on Teacher Credentialing authorizing the person to serve in a position requiring certification qualifications in the school district proposing to employ the person. The commission may establish minimum standards for the credentials for exchange certificated employees, provided that no exchange certificated employee shall be required to pay a fee or other charge for the issuance of any necessary valid credential or credentials authorizing him or her to serve in a position requiring certification qualifications in any school district in this state. An exchange agreement may be made for a period not to exceed three years. At the end of the assignment period, the exchange, with the consent of all parties, may be made complete and permanent. (Amended by Stats. 2009, Ch. 53, Sec. 11. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44854. Source version: id_d581c6c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Acceptance of any exchange position by an employee of any school district in the state shall not affect his or her right to the permanent classification to which he or she is entitled, at the time of the acceptance, or any of his or her rights under the state teachers retirement salary provisions of this code, or under any local or district retirement plan, or system, and the time served in the exchange position shall be counted as time served in the service of the district in which he or she is employed immediately prior to acceptance of the exchange position in determining his or her status under Sections 35029, 35161, 35162, Sections 44030 to 44034, inclusive, Sections 44036 to 44048, inclusive, Sections 44800 to 44802, inclusive, Sections 44804 to 44824, inclusive, Sections 45021 to 45060, inclusive, Sections 48913, 87462, 87463, 87469, 88021, 88071, Article 1 (commencing with Section 7000) of Chapter 1, Article 1 (commencing with Section 7100) of Chapter 2 of Part 5, Chapter 4 (commencing with Section 10300) of Part 7, Article 1 (commencing with Section 12500) of Chapter 5 of Part 8, Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, Article 1 (commencing with Section 44000), Article 3 (commencing with Section 44060) of Chapter 1, Chapter 2 (commencing with Section 44200), Chapter 3 (commencing with Section 44400), Article 2 (commencing with Section 44830), Article 3 (commencing with Section 44930) of Chapter 4, Chapter 5 (commencing with Section 45100), Article 2 (commencing with Section 87600), Article 4 (commencing with Section 87660) of Chapter 3 of Part 51, and under the provisions of this code relating to state retirement salary, and under any local or district retirement plan. (Amended by Stats. 1990, Ch. 1372, Sec. 198.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44855. Source version: id_d581c6c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. If the teacher from the district within the state who serves as an exchange teacher without the state and the governing board regularly employing him so agree, the district may pay his regular salary, making all deductions provided by law for retirement purposes, during the period of the exchange teaching. In such case the district shall not pay the salary of the exchange teacher from without the state, serving the district in exchange for its regular teacher. In the event a teacher from a district within this state serving as an exchange teacher without the state and to whom the governing board of such district is paying the regular salary of such teacher as herein provided, is compelled to absent herself from her duties because of injury, illness or quarantine, the governing board of the district within this state may pay the substitute employed to take the place of such teacher and shall deduct the amount so paid the substitute from the compensation of the teacher. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44856. Source version: id_98d5648f-fcd7-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) The governing board of a school district, for the purposes of providing bilingual instruction, world language instruction, or cultural enrichment, in the schools of the school district, subject to the rules and regulations of the state board, may conclude arrangements with the proper authorities of a foreign country, or of a state, territory, or possession of the United States, for the hiring of bilingual teachers employed in public or private schools of a foreign country, state, territory, or possession. To be eligible for employment, the teacher must speak English fluently. Any persons employed pursuant to this section shall be known as a “sojourn certificated employee.” (b) A person shall not be hired as a sojourn certificated employee by a school district unless he or she holds the necessary valid credential or credentials issued by the commission authorizing the person to serve in a position requiring certification qualifications in the school district proposing to employ him or her. The person may be employed for a period not to exceed two years, except that thereafter the period of employment may be extended from year to year for a total period of not more than five years upon verification by the employing school district that termination of the employment would adversely affect an existing bilingual or world language program or program of cultural enrichment, and that attempts to secure the employment of a certificated California teacher qualified to fill the position have been unsuccessful. The commission shall establish minimum standards for the credentials for sojourn certificated employees. (Amended by Stats. 2018, Ch. 865, Sec. 13. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44857. Source version: id_d5834d69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Each person employed by the governing board of a school district for a position requiring certification qualifications shall, not later than 60 days after the date fixed by the governing board of the district for the commencement of the person’s service, register, in the manner prescribed by Section 44330, a valid certification document issued on or before that date, authorizing the person to serve in the position for which he or she was employed, and shall, not later than 60 days after the renewal thereof, register the renewed certification document in the manner prescribed by Section 44330. If any person so employed is the holder of a California State University, or state teachers college, diploma accompanied by the certificate of the State Board of Education, or of an educational or life diploma of this state, and has presented the diploma to, and has had his or her name recorded by, the county superintendent of schools of the county, the person shall be deemed to have registered the diploma under Section 44330. (Amended by Stats. 1986, Ch. 248, Sec. 28.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44858. Source version: id_1647bcd1-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The Legislature hereby declares that it is contrary to the interest of this state and of the people of the state for any governing board or any person charged by the governing board of any school district with the responsibility of interviewing and recommending persons for employment in positions requiring certification, to fail or refuse to interview or recommend a person applying for employment in a position requiring certification on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in this code and in Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 3. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44859. Source version: id_d584d40d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. No school district may adopt or maintain any rule or regulation which requires a candidate for a position requiring certification qualifications to be a resident of the district or to become a resident of the district, or which requires that an employee maintain residency within the district; nor may a district grant any preferential treatment to candidates or employees because they are residents of the district. The Legislature in enacting this section recognizes that the public school system of this state is the property of all its citizens, and that all qualified candidates for positions of employment with school districts, regardless of residence, should be granted the opportunity to compete for and obtain such positions based solely on merit and fitness. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44860. Source version: id_d584d40f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. No person shall be employed as principal of a school of six or more certificated employees unless he or she holds a valid school administration credential and at least one of the following: a teaching credential, or a services credential with a specialization in pupil personnel, health, clinical or rehabilitative, or librarian services. (Amended by Stats. 1990, Ch. 341, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44861. Source version: id_d584d411-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. A substitute principal holding a valid teacher’s credential of the same grade as the school to be administered may be employed without meeting the requirements of Section 44860 to meet an emergency for not more than five months of any school year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44862. Source version: id_d5865ab3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. No person is eligible to teach in any public school in the state, or to receive a certificate to teach who has not attained the age of 18 years. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44863. Source version: id_d5865ab5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. No teacher holding a special certificate shall be employed to teach any subject not authorized in the certificate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44864. Source version: id_d5865ab7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Each teacher in a joint elementary district shall hold a valid certificate in the county in which the schoolhouse is located. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44865. Source version: id_a4395ada-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. A valid teaching credential issued by the State Board or the Commission on Teacher Credentialing, based on a bachelor’s degree, student teaching, and special fitness to perform, shall be deemed qualifying for assignment as a teacher in the following assignments, provided that the assignment of a teacher to a position for which qualifications are prescribed by this section shall be made only with the consent of the teacher: (a) Home teacher. (b) Classes organized primarily for adults. (c) Hospital classes. (d) Necessary small high schools. (e) Continuation schools. (f) Alternative schools. (g) Opportunity schools. (h) Juvenile court schools. (i) County community schools. (j) District community day schools. (k) Independent study. (Amended by Stats. 2008, Ch. 223, Sec. 8. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44866. Source version: id_c80d5e4e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications of a home instructor of pupils with physical disabilities shall be a valid teaching credential or a credential authorizing the teaching of exceptional children in an area of specialized preparation issued by the state board, or the Commission on Teacher Credentialing. (Amended by Stats. 2007, Ch. 569, Sec. 25. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44867. Source version: id_d5865abd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Except as provided in Section 44865, teachers in opportunity schools, classes, or programs shall have the same qualifications and shall be employed in the same manner as in other elementary and secondary schools of the school district in which the opportunity schools, classes, or programs are situated. (Amended by Stats. 1980, Ch. 260, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44868. Source version: id_c8603940-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. No person shall be employed as a teacher librarian in an elementary or secondary school, unless he or she holds a valid credential of proper grade authorizing service as a teacher librarian or a valid teaching credential issued by the Commission on Teacher Credentialing if he or she has completed the specialized area of librarianship. (Amended by Stats. 2007, Ch. 730, Sec. 23. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44869. Source version: id_c9d3ed82-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. A teacher librarian, when employed full time as a teacher librarian or serving full time, partly as a teacher librarian and partly as a teacher, shall rank as a teacher. (Amended by Stats. 2007, Ch. 730, Sec. 24. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44870. Source version: id_d587e163-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. No one shall be employed to supervise the work of teachers for more than half time during any school week unless he is the holder of a valid teacher’s certificate authorizing him to teach in the schools and classes in which he is to supervise instruction and a valid supervision certificate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44871. Source version: id_d587e165-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications of supervisors of health shall be as provided in Sections 44873 to 44878, inclusive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44872. Source version: id_d587e167-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. For the purposes of Sections 44873 to 44878, inclusive, “standard designated services credential with a specialization in health” and “services credential with a specialization in health” includes a community college health services credential when the service is provided in grades 13 and 14. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44873. Source version: id_d587e169-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications for a physician and surgeon employed to serve on a half-time or greater than half-time basis shall be a valid certificate to practice medicine and surgery issued by the Medical Board of California or Osteopathic Medical Board of California and either a services credential with a specialization in health or a valid credential issued prior to November 23, 1970. The qualifications for a physician and surgeon employed for less than half time shall be a valid certificate to practice medicine and surgery issued by the Medical Board of California. Any school district may employ and compensate physicians and surgeons meeting the foregoing qualifications for the performance of medical services for that district and shall provide liability insurance coverage for the period of his or her employment. As used in this section “medical services” includes, but is not limited to, any medical services required to be performed while required to be in attendance at high school athletic contests or meets. (Amended by Stats. 1991, Ch. 359, Sec. 32.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44874. Source version: id_d587e16b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications for a psychologist or social worker are a valid certificate issued by the appropriate California agency authorized by law to certify such persons and a services credential with a specialization in health. Any school district may employ and compensate psychologists and social workers meeting the foregoing qualifications. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44875. Source version: id_d589680d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications for a dentist are a valid certificate issued by the Board of Dental Examiners and a services credential with a specialization in health or a valid credential issued prior to November 23, 1970. Any school district may employ and compensate dentists meeting the foregoing qualifications. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44876. Source version: id_d81a71e1-fcd7-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications for a dental hygienist, dental hygienist in alternative practice, or dental hygienist in extended functions shall be a valid license issued by the Dental Hygiene Board of California or by the Dental Board of California and either a health and development credential, a standard designated services credential with a specialization in health, or a services credential with a specialization in health. (Amended by Stats. 2018, Ch. 858, Sec. 62. (SB 1482) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44877. Source version: id_d5896811-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications for a nurse shall be a valid certificate of registration issued by the Board of Nurse Examiners of the State of California or the California Board of Nursing Education and Nurse Registration and a health and development credential, a standard designated services credential with a specialization in health, or a services credential with a specialization in health. The services credential with a specialization in health authorizing service as a school nurse shall not authorize teaching services unless the holder also completes the requirements for a special class authorization in health in a program that is approved by the commission. On and after January 1, 1981, the qualifications for a nurse shall also include proof satisfactory to the school district that the nurse has acquired training in child abuse and neglect detection. This requirement may be satisfied through participation by the nurse in continuing education activities relating to child abuse and neglect detection and treatment. (Amended by Stats. 1994, Ch. 172, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44878. Source version: id_d5896813-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications for an optometrist are a valid certificate issued by the State Board of Optometry and a services credential with a specialization in health or a credential issued prior to November 23, 1970. Any school district may employ and compensate optometrists meeting the foregoing qualifications. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44879. Source version: id_d5896815-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The qualifications for an audiometrist working under the direction of health services personnel pursuant to Section 49420 shall be a valid certificate or license issued by, or valid registration with, the California state agency authorized by law to issue the certificate or license, or to effect the registration, required for performance of the service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44885.5. Source version: id_d5896817-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) Any school district shall classify as a probationary employee of the district any person who is employed as a district intern pursuant to Section 44830.3 and any person who has completed service in the district as a district intern pursuant to subdivision (b) of Section 44325 and Section 44830.3 and is reelected for the next succeeding school year to a position requiring certification qualifications. The governing board may dismiss or suspend employees classified as probationary employees pursuant to this subdivision in accordance with the procedures specified in Section 44948 or 44948.3 as applicable. (b) Every certificated employee, who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed during the succeeding school year as described in subdivision (a) shall, upon reelection for the next succeeding school year, to a position requiring certification qualifications, be classified as and become a permanent employee of the district. The governing board shall notify the employee, on or before March 15 of the employee’s last complete consecutive school year of probationary employment in a position requiring certification qualification as described in this subdivision, of the decision to reelect or not reelect the employee for the next succeeding school year to this type of a position. In the event the governing board does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. (Amended by Stats. 1987, Ch. 1468, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44893. Source version: id_d58aeeb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. A permanent employee when advanced from a teaching position to an administrative or supervisory position, or assigned any special or other type of work, or given special classification or designation requiring certification qualifications, shall retain his permanent classification as a classroom teacher. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44894. Source version: id_d58aeebb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) A permanent employee not qualified to render service as a classroom teacher, when advanced to an administrative or supervisory position, or assigned any special or other type of work, or given special classification or designation requiring certification qualifications, shall retain his permanent classification for the performance of the type of service for which he was qualified prior to such advancement, assignment, or special classification or designation. (b) If an employee is authorized to render service in more than one type of position for which certification qualifications are required, either by virtue of his possession of one certification document authorizing service in two or more of such positions, or by virtue of his possession of separate certification documents authorizing service in two or more such positions, or any combination thereof, he shall, upon satisfying all other requirements prescribed by law, acquire permanent status as follows: (1) If he is authorized to render service as a classroom teacher, he shall acquire permanent status as a classroom teacher. (2) If he is not authorized to render service as a classroom teacher, he shall acquire permanent status below the administrative or supervisory level as a staff employee with multiple qualifications. His right to serve in one or more of the positions for which he is qualified to serve shall be subject to the power of assignment of the school district governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44895. Source version: id_d58aeebd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. A permanent employee, as specified in Section 44894, when advanced to an administrative or supervisory position requiring certification qualifications, or assigned any special or other type of work requiring certification qualifications, or given special classification or designation requiring certification qualifications, shall retain his permanent classification as specified in Section 44894. If such a person is advanced to an administrative or supervisory position not requiring certification qualifications, is assigned any special or other type of work not requiring certification qualifications, or is given special classification or designation not requiring certification qualifications, his right to retain permanent classification shall be governed by the provisions of Article 3 (commencing with Section 44060) of Chapter 1 of this part. (Amended by Stats. 1978, Ch. 909.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44896. Source version: id_d58aeebf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Whenever a person employed in an administrative or supervisory position requiring certification qualifications is transferred to a teaching position, the governing board of the school district shall give such employee, when requested by him, a written statement of the reasons for such transfer. If the reasons include incompetency, an evaluation of the person pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of this part shall have been completed not more than 60 days prior to the giving of the notice of the transfer. (Amended by Stats. 1977, Ch. 973.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44897. Source version: id_d58aeec1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) A person employed in an administrative or supervisory position requiring certification qualifications upon completing a probationary period, including any time served as a classroom teacher, in the same district, shall, in a district having an average daily attendance of 250 or more pupils, be classified as and become a permanent employee as a classroom teacher. In a district having an average daily attendance of less than 250 pupils, he or she may be so classified. (b) Persons classified pursuant to this section are subject to the limitations contained in Section 44956.5. (Amended by Stats. 1987, Ch. 1452, Sec. 377.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44898. Source version: id_d58c7563-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Notwithstanding the provisions of Section 44897 to the contrary, the governing board of any school district shall, with respect to each person who is employed in an administrative or supervisory position requiring certification qualifications under a contract of employment providing a four-year term of employment and who either has not been previously employed by the district in such position or has been employed in such position but not under such a four-year contract, determine prior to May 15 of the third year under such four-year contract of employment whether to grant or deny the person permanent classification as a classroom teacher. If it grants such classification, the person shall be classified as and become a permanent employee as a classroom teacher. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44899. Source version: id_d58c7565-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. A person employed in an administrative or supervisory position by more than one district shall be given permanent classification in whichever district he may select for the permanent classification. Other permanent classification shall be given to such an employee in a district situated wholly or partly within a city or city and county where the charter of the city or city and county provides for other classification. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44900. Source version: id_d58c7567-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Any certificated employee having permanent classification in a district, who is granted a leave of absence and transfers to another district which is under the supervision of the same chief administrative officer or district superintendent as the district from which the employee is on leave, may acquire permanent classification in the district to which he transferred if he is employed for a second year in that district, at which time his permanent classification in the district from which he transferred shall expire. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44901. Source version: id_d58c7569-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) A certificated employee who has served in a position or positions requiring certification qualifications in two or more districts, each having an average daily attendance of 250 or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last district in which he or she was employed prior to his or her election for the fourth consecutive school year. Where there are two or more districts, each having an average daily attendance of 250 or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last district in which he or she was employed prior to his or her election for the fourth consecutive school year. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (b) A certificated employee who has served in a position or positions requiring certification qualifications in two or more districts, each having an average daily attendance of 250 or more and governed by governing boards of identical personnel, for a total of two complete consecutive school years, upon being elected for the third consecutive school year to a position or positions requiring certification qualifications in any of the districts, shall at the commencement of the third consecutive school year be classified as a permanent employee of the last district in which he or she was employed prior to his or her election for the third consecutive school year. Where there are two or more districts, each having an average daily attendance of 250 or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the districts for two complete consecutive school years, upon being elected for the third consecutive school year to a position or positions requiring certification qualifications in any of the districts, shall at the commencement of the third consecutive school year be classified as and become a permanent employee of the last district in which he or she was employed prior to his or her election for the third consecutive school year. The governing board shall notify the employee, on or before March 15 of the employee’s second complete consecutive school year of employment by the districts in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position. In the event that the governing board does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter. (Amended by Stats. 1983, Ch. 498, Sec. 49. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44902.1. Source version: id_d58dfc0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. In a district which becomes unified, effective for all purposes on July 1, 1980, certificated employees employed for the school year 1980–81, who were employed for the school year 1979–80 by a union high school district included in the territory within the newly organized unified school district, may be placed on the salary schedule of the unified school district and be given credit for all service as an employee of the union high school district for years of experience as an employee of the union high school district. Their date of first paid service as a probationary employee may be the date established by the union high school district. (Added by Stats. 1980, Ch. 326, Sec. 1. Effective July 5, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44902.2. Source version: id_d58dfc0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. In a school district which becomes unified, effective for all purposes, on July 1, 1980, certificated employees who are employed for the school year 1979–80 by a union high school district included in part in the territory within the newly organized unified school district shall be entitled to be employed by the unified district for the school year 1980–81 only if such employees were employed within the schools being acquired by the unified district. However, the unified school district may, but is not required to, employ additional employees of the union high school district to the extent the unified school district agrees to employ such employees. (Added by Stats. 1980, Ch. 326, Sec. 2. Effective July 5, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44903. Source version: id_d58dfc0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. On the unionization, unification, uniting, or consolidation of one or more school districts in which the average daily attendance for the preceding school year was less than 250 pupils, with a district or districts in which the average daily attendance was or, as a result of the unionization, uniting, consolidation, or unification, becomes 250 or more pupils, the regular three-year probationary period required of certificated employees for permanent status by Section 44882 shall be deemed to have commenced at the beginning of the employee’s first complete year of consecutive employment by the school district having an average daily attendance of less than 250 pupils. Every certificated employee who has been employed for three or more complete consecutive school years by a district having an average daily attendance of less than 250 pupils shall, immediately upon his employment in a certificated position following such unionization, unification, uniting, or consolidation, be a permanent employee. The amendments to this section enacted by the Legislature at the 1977–78 Regular Session shall apply only to the unionization, unification, uniting, or consolidation of school districts which becomes effective for all purposes on or after January 1, 1979. (Amended by Stats. 1978, Ch. 1171.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44903.7. Source version: id_d58dfc11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. When a local plan for the education of individuals with exceptional needs is developed or revised pursuant to Chapter 2.5 (commencing with Section 56195) of Part 30, the following provisions shall apply: (a) Whenever any certificated employee, who is performing service for one employer, is terminated, reassigned, or transferred, or becomes an employee of another employer because of the reorganization of special education programs pursuant to Chapter 797 of the Statutes of 1980, the employee shall be entitled to the following: (1) The employee shall retain the seniority date of his or her employment with the district or county office from which he or she was terminated, reassigned, or transferred, in accordance with Section 44847. In the case of termination, permanent employees shall retain the rights specified in Section 44956 or, in the case of probationary employees, Sections 44957 and 44958, with the district or county office initiating the termination pursuant to Section 44955. (2) The reassignment, transfer, or new employment caused by the reorganization of special education programs pursuant to Chapter 797 of the Statutes of 1980, shall not affect the seniority or classification of certificated employees already attained in any school district that undergoes the reorganization. These employees shall have the same status with respect to their seniority or classification, with the new employer, including time served as probationary employees. The total number of years served as a certificated employee with the former district or county office shall be credited, year for year, for placement on the salary schedule of the new district or county office. (b) All certificated employees providing service to individuals with exceptional needs shall be employed by a county office of education or an individual school district. Special education local plan areas or responsible local agencies resulting from local plans for the education of individuals with exceptional needs formulated in accordance with Part 30 (commencing with Section 56000) shall not be considered employers of certificated personnel for purposes of this section. (c) Subsequent to the reassignment or transfer of any certificated employee as a result of the reorganization of special education programs, pursuant to Chapter 797 of the Statutes of 1980, that employee shall have priority, except as provided in subdivision (d), in being informed of and in filling certificated positions in special education in the areas in which the employee is certificated within the district or county office by which the certificated employee is then currently employed. This priority shall expire 24 months after the date of reassignment or transfer, and may be waived by the employee during that time period. (d) A certificated employee who has served as a special education teacher in a district or county office and has been terminated from his or her employment by that district or county office pursuant to Section 44955, shall have first priority in being informed of and in filling vacant certificated positions in special education, for which the employee is certificated and was employed, in any other county office or school district that provides the same type of special education programs and services for the pupils previously served by the terminated employee. For a period of 39 months for permanent employees and 24 months for probationary employees from the date of termination, the employee shall have the first priority right to reappointment as provided in this section, if the employee has not attained the age of 65 years before reappointment. (Amended by Stats. 1997, Ch. 854, Sec. 4. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44907. Source version: id_d58dfc13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The retirement of any employee of a school district under the provisions of any retirement law, except for employees retiring for disability under the Teachers’ Retirement Law, shall automatically effect the dismissal of the employee from the employ of the district at the end of the current school year. (Amended by Stats. 1992, Ch. 1165, Sec. 8. Effective September 30, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44908. Source version: id_cd46196b-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) (1) A probationary employee who, in any one school year, has served for at least 75 percent of the number of days the regular schools of the school district in which the employee is employed are maintained shall be deemed to have served a complete school year. (2) In the case of adult education programs that are part of a school district maintaining kindergarten or any grades 1 to 12, inclusive, 75 percent of the number of hours constituting a full-time equivalent position for adult education programs in the school district, as described in paragraph (3) of subdivision (b) of Section 22138.5, shall be deemed a complete school year. (b) To the extent that this section, as amended, repealed, and added by Assembly Bill 897 of the 2023–24 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before July 1, 2024, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 897 of the 2023–24 Regular Session shall not apply to the school district until expiration or renewal of that collective bargaining agreement. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 1) and added by Stats. 2023, Ch. 548, Sec. 2. (AB 897) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44909. Source version: id_d6830f1d-8892-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) (1) The governing board of a school district may employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects that are not required by federal or state statutes. The terms and conditions under which such persons are employed shall be mutually agreed upon by the employee and the governing board of the school district and the agreement shall be reduced to writing. The expected end date of employment, the source of funding, and the nature of the categorically funded program or project shall also be included in this writing. (2) Service pursuant to this section shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless (A) the person has served pursuant to this section for at least 75 percent of the number of days the regular schools of the school district by which the person is employed are maintained, and (B) the person is subsequently employed as a probationary employee in a position requiring certification qualifications. Such persons may be employed for periods that are less than a full school year and may be terminated at the expiration of the contract or specially funded project without regard to other requirements of this code respecting the termination of probationary or permanent employees other than Section 44918. (b) Whenever a certificated employee in the regular educational program is assigned to a categorically funded project not required by federal or state statute and the school district employs an additional credentialed person to replace that certificated employee, the replacement certificated employee shall be subject to Section 44918. (c) This section does not apply to a regularly credentialed employee who has been employed in the regular educational programs of the school district as a probationary employee before being subsequently assigned to any one of these programs. (d) This section does not apply to a teacher of classes for adults. (e) This section shall become operative on July 1, 2024. (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 548, Sec. 4. (AB 897) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44910. Source version: id_bdc1d1e0-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) (1) Service by a person as an instructor in classes conducted at regional occupational centers or programs, as authorized pursuant to Section 52301, shall not be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee of a school district. (2) This subdivision shall not be construed to apply to any regularly credentialed teacher who has been employed to teach in the regular educational programs of the school district and subsequently assigned as an instructor in regional occupational centers or programs, nor shall it affect the status of regional occupational center teachers classified as permanent or probationary at the time this section becomes effective. (b) Notwithstanding the prohibition prescribed in subdivision (a), commencing July 1, 2025, service by a person as an instructor in classes conducted at a regional occupational center or program operated by a single school district, as authorized pursuant to Section 52301, shall be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee of a single school district. (Amended by Stats. 2024, Ch. 956, Sec. 1. (AB 2245) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44911. Source version: id_d58f82bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Service by a person under a provisional credential shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. This section shall not be applicable to teachers granted a one-year emergency credential under the conditions specified in subdivision (b) of Section 44252 and subdivision (h) of Section 44830. (Amended by Stats. 1982, Ch. 1388, Sec. 6. Effective September 24, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44912. Source version: id_d58f82bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Service under a credential authorizing service only as a teacher of basic military drill in high school cadet companies established under Chapter 1 of Part 2 of Division 2 of the Military and Veterans Code shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44913. Source version: id_d58f82bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Nothing in Sections 44882 to 44887, inclusive, Sections 44890, 44891, Sections 44893 to 44906, inclusive, and Sections 44908 to 44919, inclusive, shall be construed as permitting a certificated employee to acquire permanent classification with respect to employment in a summer school maintained by a school district, and service in connection with any such employment shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of the district. The provisions of this section do not constitute a change in, but are declaratory of, the preexisting law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44914. Source version: id_d5910961-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. If an employee of a school district has served as a probationary employee of the district in a position requiring certification qualifications, for one complete school year, and in the year immediately preceding the service as probationary employee has served as a substitute employee, or as a substitute and probationary employee, serving in both capacities during the same school year in the schools of the district, at least 75 percent of the number of days the regular schools of the district were maintained, the governing board of the district may count the year of employment as a substitute or as a substitute and probationary employee as one year of the probationary period which he is required by law to serve as a condition to being classified as a permanent employee of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44915. Source version: id_d5910963-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Governing boards of school districts shall classify as probationary employees, those persons employed in positions requiring certification qualifications for the school year, who have not been classified as permanent employees or as substitute employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44916. Source version: id_d5910965-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The classification shall be made at the time of employment and thereafter in the month of July of each school year. At the time of initial employment during each academic year, each new certificated employee of the school district shall receive a written statement indicating his employment status and the salary that he is to be paid. If a school district hires a certificated person as a temporary employee, the written statement shall clearly indicate the temporary nature of the employment and the length of time for which the person is being employed. If a written statement does not indicate the temporary nature of the employment, the certificated employee shall be deemed to be a probationary employee of the school district, unless employed with permanent status. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44917. Source version: id_01778059-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Except as provided in Sections 44888 and 44920, governing boards of school districts shall classify as substitute employees those persons employed in positions requiring certification qualifications, to fill positions of regularly employed persons absent from service. After September 1 of any school year, the governing board of any school district may employ, for the remainder of the school year, in substitute status any otherwise qualified person who consents to be employed in a position for which no regular employee is available, including persons retired for service under the State Teachers’ Retirement System. Inability to acquire the services of a qualified regular employee shall be demonstrated to the satisfaction of the Commission on Teacher Credentialing. Any person employed for one complete school year as a temporary employee shall, if reemployed for the following school year in a position requiring certification qualifications, be classified by the governing board as a probationary employee and the previous year’s employment as a temporary employee shall be deemed one year’s employment as a probationary employee for purposes of acquiring permanent status. (Amended by Stats. 2009, Ch. 53, Sec. 13. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44918. Source version: id_c9607750-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) Any employee classified as a substitute or temporary employee, who serves during one school year for at least 75 percent of the number of days the regular schools of the district were maintained in that school year and has performed the duties normally required of a certificated employee of the school district, shall be deemed to have served a complete school year as a probationary employee if employed as a probationary employee for the following school year. (b) Any such employee shall be reemployed for the following school year to fill any vacant positions in the school district unless the employee has been released pursuant to subdivision (b) of Section 44954. (c) If an employee was released pursuant to subdivision (b) of Section 44954 and has nevertheless been retained as a temporary or substitute employee by the district for two consecutive years and that employee has served for at least 75 percent of the number of days the regular schools of the district were maintained in each school year and has performed the duties normally required of a certificated employee of the school district, that employee shall receive first priority if the district fills a vacant position, at the grade level at which the employee served during either of the two years, for the subsequent school year. In the case of a departmentalized program, the employee shall have taught in the subject matter in which the vacant position occurs. (d) Those employees classified as substitutes, and who are employed to serve in an on-call status to replace absent regular employees on a day-to-day basis shall not be entitled to the benefits of this section. (e) Permanent and probationary employees subjected to a reduction in force pursuant to Section 44955 shall, during the period of preferred right to reappointment, have prior rights to any vacant position in which they are qualified to serve superior to those rights hereunder afforded to temporary and substitute personnel who have become probationary employees pursuant to this section. (f) This section shall not apply to any school district in which the average daily attendance is in excess of 250,000. (Amended by Stats. 2022, Ch. 920, Sec. 5. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44919. Source version: id_d592900b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) Governing boards of school districts shall classify as temporary employees those persons requiring certification qualifications, other than substitute employees, who are employed to serve from day to day during the first three school months of any school term to teach temporary classes not to exist after the first three school months of any school term or to perform any other duties which do not last longer than the first three school months of any school term, or to teach in special day and evening classes for adults or in schools of migratory population for not more than four school months of any school term. If the classes or duties continue beyond the first three school months of any school term or four school months for special day and evening classes for adults, or schools for migratory population, the certificated employee, unless a permanent employee, shall be classified as a probationary employee. The school year may be divided into not more than two school terms for the purposes of this section. (b) Governing boards shall classify as temporary employees persons, other than substitute employees, who are employed to serve in a limited assignment supervising athletic activities of pupils; provided, such assignment shall first be made available to teachers presently employed by the district. Service pursuant to this subdivision shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. (c) In any district, the governing board may, to prevent the stoppage of school district business when an actual emergency arises and persons are not immediately available for probationary classification, make an appointment to a position on a temporary basis for a period not to exceed 20 working days. The person so appointed shall be deemed to be a temporary employee who is employed to serve from day to day. Service by a person in such an appointment on a temporary basis shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district. (Amended by Stats. 1977, Ch. 565.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44920. Source version: id_d592900d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Notwithstanding the provisions of Sections 44917 and 44919, the governing board of a school district may employ as a teacher, for a complete school year, but not less than one semester during a school year unless the date of rendering first paid service begins during the second semester and prior to March 15th, any person holding appropriate certification documents, and may classify such person as a temporary employee. The employment of such persons shall be based upon the need for additional certificated employees during a particular semester or year because a certificated employee has been granted leave for a semester or year, or is experiencing long-term illness, and shall be limited, in number of persons so employed, to that need, as determined by the governing board. Any person employed for one complete school year as a temporary employee shall, if reemployed for the following school year in a vacant position requiring certification qualifications, be classified by the governing board as a probationary employee and the previous year’s employment as a temporary employee shall be deemed one year’s employment as a probationary employee for purposes of acquiring permanent status. For purposes of this section “vacant position” means a position in which the employee is qualified to serve and which is not filled by a permanent or probationary employee. It shall not include a position which would be filled by a permanent or probationary employee except for the fact that such employee is on leave. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44921. Source version: id_d592900f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Notwithstanding the provisions of Section 44919, the governing board of a unified or high school district may employ persons requiring certification qualifications for the first semester only, and classify such persons as temporary employees, whenever the district expects a reduction in student enrollment during the second semester due to students completing graduation requirements at midyear. The number of persons so employed shall be limited to requirements based on the anticipated reduced enrollment as determined by the governing board. Persons so employed who are continued in employment beyond the first semester shall be deemed probationary employees for the entire school year. Any such employee shall be reemployed for the following semester or school year to fill any vacant positions in the school district for which the employee is certified. Preference for available positions shall be determined by the governing board using the method prescribed in Sections 44845 and 44846. For purposes of this section “vacant position” means a position in which the employee is qualified to serve and which is not filled by a permanent or probationary employee. It shall not include a position which would be filled by a permanent or probationary employee except for the fact that such employee is on leave. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44922. Source version: id_8ad9a6ea-e417-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Notwithstanding any other provision, the governing board of a school district or a county superintendent of schools may establish regulations which allow their certificated employees to reduce their workload from full-time to part-time duties. The regulations shall include, but shall not be limited to, the following, if the employees wish to reduce their workload and maintain retirement benefits pursuant to Section 22713 of this code or Section 20900 of the Government Code: (a) For employees subject to coverage under the Defined Benefit Program under the State Teachers’ Retirement Plan, the regulations shall include all requirements for participation in the reduced workload program pursuant to Section 22713. (b) For employees subject to coverage under the Public Employees’ Retirement System: (1) The employee shall have reached the age of 55 years of age prior to reduction in workload. (2) The employee shall have been employed full time in a position requiring certification for at least 10 years of which the immediately preceding five years were full-time employment. (3) During the period immediately preceding a request for a reduction in workload, the employee shall have been employed full time in a position requiring certification for a total of at least five years without a break in service. For purposes of this subdivision, sabbaticals and other approved leaves of absence shall not constitute a break in service. (4) The option of part-time employment shall be exercised at the request of the employee and can be revoked only with the mutual consent of the employer and the employee. (5) The minimum part-time employment shall be the equivalent of one-half of the number of days of service required by the employee’s contract of employment during his or her final year of service in a full-time position. (6) This option is limited in prekindergarten through grade 12 to certificated employees who do not hold positions with salaries above that of a school principal. (7) The period of this part-time employment shall include a period of time, as specified in the regulations, which shall be up to and include five years. (8) The period of part-time employment shall not extend beyond the end of the school year during which the employee reaches his or her 70th birthday. (c) (1) The employee shall be paid a salary that is the pro rata share of the salary he or she would be earning had he or she not elected to exercise the option of part-time employment but shall retain all other rights and benefits for which he or she makes the payments that would be required if he or she remained in full-time employment. (2) The employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time employee. (Amended by Stats. 2017, Ch. 298, Sec. 29. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44923. Source version: id_d59416b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. In the event a permanent employee of a school district has tenure as a full-time employee of the district, any assignment or employment of such employee in addition to his full-time assignment may be terminated by the governing board of the district at any time. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44924. Source version: id_d59416b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Except as provided in Sections 44937 and 44956, any contract or agreement, express or implied, made by any employee to waive the benefits of this chapter or any part thereof is null and void. Notwithstanding provisions of this or any other section of this code, governing boards of school districts may employ persons in positions requiring certification qualifications on less than a full-time basis. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44925. Source version: id_d59416b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The governing board of any school district may employ or engage as an independent contractor a qualified person to serve as limited-term or part-time reader assistant in connection with instruction in composition and writing, and in mathematics, to teachers. Any person employed as a reader shall not be deemed to be employed in a position requiring certification qualifications, and, unless otherwise determined by the governing board, shall not be subject to the provisions of Chapter 5 (commencing with Section 45100) of this part. The governing board may pay such hourly or unit compensation rates as it deems proper for the services rendered. It is the intent of the Legislature in enacting this section not to authorize an increase in the number of pupils who may be assigned to any class, but to provide an opportunity for improvement in the quality of student writing and mathematics abilities through more frequent assignments of compositions and more work in mathematics made possible by the employment of suitably trained persons to assist the instructor in the careful marking and analysis of the pupils’ work. Furthermore, the means adopted for employing persons as reader assistants is not intended as an encroachment upon the merit system of public employment, but is adopted as the most practical arrangement, since most work of such nature will be done as part-time work and in the home. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44926. Source version: id_d59416b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The governing board of any school district may employ any qualified person who possesses a temporary certificate to serve as a teacher-assistant in a program conducted in cooperation with a California teacher training institution. No person shall be so employed unless he is enrolled as a student in a cooperating California teacher training institution at the time the service is rendered. Service by a person under a teacher-assistant certificate shall not be included in computing the service required as a prerequisite to the attainment of, or eligibility to, classification as a permanent employee of a school district. The governing board may make such payments as it deems proper for the services rendered. Any person employed under this section shall not be subject to the provisions of Chapter 1 (commencing with Section 22000) to Chapter 27 (commencing with Section 24600), inclusive, of Part 13 of Division 1 of Title 1. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44927. Source version: id_d59416bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. The governing board of any school district, a county board of education, or the Department of Education may execute a contract with any California teacher-training institution whereby certificated personnel of the school district, county, or the Department of Education may be assigned to the teacher-training institution for full-time or part-time duty for a period not to exceed one year. Any teacher-training institution in California may execute a contract with the governing board of any school district, a county board of education, or the Board of Education whereby certificated personnel of the institution may be assigned to school districts, county boards of education, or the Department of Education for full-time or part-time duty for a period not to exceed one year. Any such contract shall provide for the payment, by the entity to which a person is assigned to the employer, of a sum equivalent to the salary and other employment costs of any such employee. In place of such payment, the contract may provide for the exchange of certificated personnel between the district, county, or Department of Education and the teacher-training institution. Any such employee shall retain his status as an employee of the school district, county, Department of Education, or teacher-training institution from which he is assigned in all respects during the period of such assignment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44928. Source version: id_d0406a32-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. (a) No school in any school district having an average daily attendance in excess of 250,000 shall have at any time a certificated teaching staff, excluding substitutes employed pursuant to Section 45030, of whom more than 5 percent have only an emergency credential. (b) This section does not apply to emergency credentials for bilingual education or for education of the learning handicapped, severely handicapped, physically handicapped, or to any other emergency credential established for the purposes of special education. (Amended by Stats. 2022, Ch. 920, Sec. 6. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2. Employment [44830 - 44929] SECTION 44929. Source version: id_d5959d5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2. Whenever the governing board of a school district or a county office of education, by formal action, determines that because of impending curtailment of or changes in the manner of performing services, the best interests of the district or county office of education would be served by encouraging the retirement of certificated employees and that the retirement will result in a net savings to the district or county office of education, an additional two years of service shall be credited under the Defined Benefit Program of the State Teachers’ Retirement Plan to a certificated employee pursuant to Section 22714 if all of the conditions set forth in that section are satisfied. (Amended by Stats. 2003, Ch. 313, Sec. 14. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.20. Source version: id_d5972405-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. Every certificated employee of a school district of any type or class having an average daily attendance of less than 250, and every certificated employee of any school district in a position requiring a supervision or administration credential, may be offered a continuing contract to cover a period longer than one year but not to exceed four years. (Added by Stats. 1987, Ch. 1452, Sec. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.21. Source version: id_d5972407-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. (a) Every employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year be classified as and become a permanent employee of the district. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (b) Every employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the district for two complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year be classified as and become a permanent employee of the district. The governing board shall notify the employee, on or before March 15 of the employee’s second complete consecutive school year of employment by the district in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to the position. In the event that the governing board does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter. (Added by Stats. 1987, Ch. 1452, Sec. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.22. Source version: id_d5972409-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. At the discretion of the governing board of a district with 60,000 average daily attendance or more every employee of the district who, after having been employed by the district for two consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications may, at the commencement of the succeeding school year, be classified as and become a permanent employee of the district. If the board is the governing board of more than one district, it may exercise the discretionary power given it by this section in each district under its jurisdiction, whether or not each of the districts has 60,000 average daily attendance. This section shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (Added by Stats. 1987, Ch. 1452, Sec. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.23. Source version: id_7520a4ee-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. (a) The governing board of a school district of any type or class having an average daily attendance of less than 250 pupils may classify as a permanent employee of the district any employee who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. If that classification is not made, the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made. (b) Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district, if the governing board of the school district elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board thereafter shall classify as a permanent employee of the district any probationary employee who, after being employed for two complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications as required by Section 44929.21. Any probationary employee who has been employed by the district for two or more consecutive years on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the district. (c) If the classification is not made pursuant to subdivision (a) or (b), the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until the classification is made. (Amended by Stats. 2006, Ch. 538, Sec. 106. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.25. Source version: id_d598aaad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. When a teacher of classes for adults serves sufficient probationary time as provided in Sections 44929.20 to 44929.23, inclusive, and Section 44908 to be eligible for election to permanent classification in that district, his or her tenure shall be for the service equivalent to the average number of hours per week that he or she has served during his or her probationary years. In no case shall the employee be classified as permanent for more than one full-time assignment. The service for which the person has acquired tenure may be reduced in conformity with Sections 44955 and 44956. Notwithstanding any other provision to the contrary, in a district that has, or in a district that is one of two or more districts governed by governing boards of identical personnel that have a combined average daily attendance of 400,000 or more, as shown by the annual report of the county superintendent of schools for the preceding fiscal year, no person who is assigned 10 hours or less a week in adult classes in the district shall be eligible for election to permanent classification in the district on account of the assignment in adult classes. Notwithstanding any other provision to the contrary, any person who is employed to teach adults for not more than 60 percent of the hours per week considered a full-time assignment for permanent employees having comparable duties shall be classified as a temporary employee, and shall not become a probationary employee under the provisions of Section 44954. (Added by Stats. 1987, Ch. 1452, Sec. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.26. Source version: id_d598aaaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. Nothing in Sections 44929.20 to 44929.23, inclusive, shall be construed to give permanent classification to a person in the adult school who is already classified as a permanent employee in the day school. In case a teacher obtains permanent classification in the evening school and later is eligible for the same classification in the day school by reason of having served the probationary period therein, he or she shall be given his or her choice as to which he or she shall take. Notwithstanding any other provision to the contrary, service in the evening school shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee in the day school, except service in the evening school rendered by a person rendering services in the day school who is directed or specifically requested by the school district to render services in the evening school either in addition to, or instead of, rendering service in the day school. Service in the day school shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee in the evening school, except service in the day school rendered by a person rendering services in the evening school who is directed or specifically requested by the school district to render service in the day school either in addition to, or instead of, rendering service in the evening school. (Added by Stats. 1987, Ch. 1452, Sec. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.27. Source version: id_d598aab1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. No employee of a school district or districts, in which the average daily attendance of all the districts combined is in excess of 200,000, governed by the same governing board shall hereafter acquire permanent certificated tenure or permanent noncertificated status, or a combination of tenure and status, for more than one full-time position. Any employee who hereafter acquires any combination of permanent certificated tenure or permanent noncertificated status or both which exceeds that for one full-time position shall have a choice which tenure or status to retain so long as that retained does not exceed one full-time position. It is the intent of this section that an employee holding permanent certificated tenure or permanent noncertificated status for a full-time position may not have permanent tenure or status protection for any additional time in either a certificated or a noncertificated position under any such school district governed by the same governing board. (Added by Stats. 1987, Ch. 1452, Sec. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.28. Source version: id_d598aab3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. The governing board of a school district that employs in a position requiring certification qualifications any person who has become a permanent certificated employee in any school district may employ that person as a permanent certificated employee. (Added by Stats. 1987, Ch. 1452, Sec. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 2.7. Permanent Status [44929.20 - 44929.29] SECTION 44929.29. Source version: id_d59a3155-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=2.7. Nothing in this article shall be construed as affecting the classification of any employee as it existed on September 13, 1941. (Added by Stats. 1987, Ch. 1452, Sec. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44930. Source version: id_d59a3159-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) Governing boards of school districts shall accept the resignation of any employee and shall fix the time when the resignation takes effect, which, except as provided by subdivision (b), shall not be later than the close of the school year during which the resignation has been received by the board. (b) Notwithstanding any other provision of law, an employee and the governing board of a school district may agree that a resignation will be accepted at a mutually agreed upon date not later than two years beyond the close of the school year during which the resignation is received by the board. (Amended by Stats. 1999, Ch. 80, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44931. Source version: id_d59a315b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Whenever any certificated employee of any school district who, at the time of his or her resignation, was classified as permanent, is reemployed within 39 months after his or her last day of paid service, the governing board of the district shall, disregarding the break in service, classify him or her as, and restore to him or her all of the rights, benefits and burdens of, a permanent employee, except as otherwise provided in this code. However, time spent in active military service, as defined in Section 44800, subsequent to the last day of paid service shall not count as part of the aforesaid 39-month period. (Amended by Stats. 1994, Ch. 922, Sec. 94. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44932. Source version: id_440b52f5-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) A permanent employee shall not be dismissed except for one or more of the following causes: (1) Immoral conduct, including, but not limited to, egregious misconduct. For purposes of this chapter, “egregious misconduct” is defined exclusively as immoral conduct that is the basis for an offense described in Section 44010 or 44011 of this code, or in Sections 11165.2 to 11165.6, inclusive, of the Penal Code. (2) Unprofessional conduct. (3) Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by Chapter 188 of the Statutes of 1919, or in any amendment to that chapter. (4) Dishonesty. (5) Unsatisfactory performance. (6) Evident unfitness for service. (7) Physical or mental condition unfitting him or her to instruct or associate with children. (8) Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the state board or by the governing board of the school district employing him or her. (9) Conviction of a felony or of any crime involving moral turpitude. (10) Violation of Section 51530 or conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the Statutes of 1947. (11) Alcoholism or other drug abuse that makes the employee unfit to instruct or associate with children. (b) The governing board of a school district may suspend without pay for a specific period of time on grounds of unprofessional conduct a permanent certificated employee or, in a school district with an average daily attendance of less than 250 pupils, a probationary employee, pursuant to the procedures specified in Sections 44933, 44934, 44934.1, 44935, 44936, 44937, 44943, and 44944. This authorization does not apply to a school district that has adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code. (Amended by Stats. 2015, Ch. 303, Sec. 86. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44933. Source version: id_d59bb7ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. A permanent employee may be dismissed or suspended on grounds of unprofessional conduct consisting of acts or omissions other than those specified in Section 44932, but any such charge shall specify instances of behavior deemed to constitute unprofessional conduct. This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of less than 250 pupils. (Amended by Stats. 1983, Ch. 498, Sec. 52. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44934. Source version: id_65f5db78-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) This section shall apply to dismissal or suspension proceedings based on charges as specified in Section 44932 or 44933, including proceedings based on charges of egregious misconduct in combination with other charges. Section 44934.1 shall apply to dismissal or suspension proceedings based solely on charges of egregious misconduct described in paragraph (1) of subdivision (a) of Section 44932. (b) Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of the school district, or upon a written statement of charges formulated by the governing board of the school district, charging that there exists cause, as specified in Section 44932 or 44933, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. Suspension proceedings may be initiated pursuant to this section only if the governing board of the school district has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code. (c) Any written statement of charges shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each charge. (d) If the governing board of the school district has given notice to a certificated employee of its intention to dismiss or suspend him or her, based upon written charges filed or formulated pursuant to this section, the charges may be amended less than 90 days before the hearing on the charges only upon a showing of good cause. If a motion to amend charges is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to the amended charges. (e) A notice of the governing board of the school district to an employee of its intention to dismiss or suspend him or her, together with written charges filed or formulated pursuant to this section, shall be sufficient to initiate a hearing under Section 11503 of the Government Code, and the governing board of the school district shall not be required to file or serve a separate accusation. (f) This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of less than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3542.2 of the Government Code. (Amended by Stats. 2014, Ch. 55, Sec. 3. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44934.1. Source version: id_e7623246-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) This section shall apply only to dismissal or suspension proceedings based solely on charges of egregious misconduct, as described in paragraph (1) of subdivision (a) of Section 44932. (b) Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district charging that there exists cause, as specified in paragraph (1) of subdivision (a) of Section 44932, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. (c) Any written statement of charges of egregious misconduct shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each occasion of alleged egregious misconduct. (d) This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of less than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3542.2 of the Government Code. (Added by Stats. 2014, Ch. 55, Sec. 4. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44935. Source version: id_6fdb6d3a-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) A report on the fitness of a certificated employee in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 shall not be received from a statewide professional organization by a governing board unless the certificated employee shall have been given, prior to the preparation of the report in its final form, the opportunity to submit in writing his or her comments on the report and unless a copy of the report in final form is given to the certificated employee investigated at least 10 days prior to its submission to the governing board. (b) A report shall not be distributed other than to the governing board and those persons participating in its preparation, unless the certificated employee does not demand a hearing as provided by Section 44937. (Amended by Stats. 2014, Ch. 55, Sec. 5. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44936. Source version: id_79acb3ac-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) The notice of dismissal or suspension in a proceeding initiated pursuant to Section 44934 or 44934.1 may be given at any time of year. (b) Notwithstanding subdivision (a), the notice of dismissal or suspension in a proceeding involving only charges of unsatisfactory performance initiated pursuant to Section 44934 shall only be given during the instructional year of the schoolsite where the employee is physically employed. However, a notice of dismissal or suspension in a proceeding involving charges of unsatisfactory performance may be initiated pursuant to paragraph (2) of subdivision (b) of Section 44938. (c) The notice of dismissal or suspension given during the instructional year of the schoolsite where the employee is physically employed shall be in writing and be served upon the employee personally or by United States registered mail addressed to him or her at his or her last known address. A copy of the charges filed, containing the information required by Section 11503 of the Government Code, together with a copy of the provisions of this article, shall be attached to the notice. (d) A notice of dismissal or suspension given outside of the instructional year of the schoolsite where the employee is physically employed shall be in writing and shall be served upon the employee personally. A copy of the charges filed, containing the information required pursuant to Section 11503 of the Government Code, together with a copy of the provisions of this article, shall be attached to the notice. (Amended by Stats. 2014, Ch. 55, Sec. 6. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44937. Source version: id_839308be-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. In a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1, if the employee does not demand a hearing by filing a written request for hearing with the governing board, he or she may be dismissed or suspended without pay for a specific period of time at the expiration of the 30-day period. (Amended by Stats. 2014, Ch. 55, Sec. 7. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44938. Source version: id_d59bb809-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) The governing board of any school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unprofessional conduct, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. (b) The governing board of any school district shall not act upon any charges of unsatisfactory performance unless it acts in accordance with the provisions of paragraph (1) or (2): (1) At least 90 calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. (2) The governing board may act during the time period composed of the last one-fourth of the schooldays it has scheduled for purposes of computing apportionments in any fiscal year if, prior to the beginning of that time period, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee. (c) “Unsatisfactory performance” as used in this section means, and refers only to, the unsatisfactory performance particularly specified as a cause for dismissal in Section 44932 and does not include any other cause for dismissal specified in Section 44932. “Unprofessional conduct” as used in this section means, and refers to, the unprofessional conduct particularly specified as a cause for dismissal or suspension in Sections 44932 and 44933 and does not include any other cause for dismissal specified in Section 44932. (Amended by Stats. 1995, Ch. 392, Sec. 4. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44939. Source version: id_4b604ec7-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) This section applies only to dismissal or suspension proceedings initiated pursuant to Section 44934. (b) Upon the filing of written charges, duly signed and verified by the person filing them with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district, charging a permanent employee of the school district with immoral conduct, conviction of a felony or of any crime involving moral turpitude, with incompetency due to mental disability, with willful refusal to perform regular assignments without reasonable cause, as prescribed by reasonable rules and regulations of the employing school district, or with violation of Section 51530, the governing board of the school district may, if it deems that action necessary, immediately suspend the employee from his or her duties and give notice to him or her of his or her suspension, and that 30 days after service of the notice of dismissal, he or she will be dismissed, unless he or she demands a hearing. (c) (1) An employee who has been placed on suspension pursuant to this section may serve and file with the Office of Administrative Hearings a motion for immediate reversal of suspension. Review of a motion filed pursuant to this section shall be limited to a determination as to whether the facts as alleged in the statement of charges, if true, are sufficient to constitute a basis for immediate suspension under this section. The motion shall include a memorandum of points and authorities setting forth law and argument supporting the employee’s contention that the statement of charges does not set forth a sufficient basis for immediate suspension. (2) The motion shall be served upon the governing board of the school district and filed with the Office of Administrative Hearings within 30 days after service upon the employee of the initial pleading in the matter. The governing board of the school district has the right to serve and file a written response to the motion before or at the time of hearing. (3) The hearing on the motion for immediate reversal of suspension shall be held no later than 30 days after the motion is filed with the Office of Administrative Hearings. (4) The administrative law judge shall, no later than 15 days after the hearing, issue an order denying or granting the motion. The order shall be in writing, and a copy of the order shall be served by the Office of Administrative Hearings upon the parties. The grant or denial of the motion shall be without prejudice to consideration by the Commission on Professional Competence, based upon the full evidentiary record before it, of the validity of the grounds for dismissal. The ruling shall not be considered by the commission in determining the validity of the grounds for dismissal, and shall not have any bearing on the commission’s determination regarding the grounds for dismissal. (5) An order granting a motion for immediate reversal of suspension shall become effective within five days of service of the order. The school district shall make the employee whole for any lost wages, benefits, and compensation within 14 days after service of an order granting the motion. (6) A motion made pursuant to this section shall be the exclusive means of obtaining interlocutory review of suspension pending dismissal. The grant or denial of the motion is not subject to interlocutory judicial review. (d) A motion for immediate reversal of suspension pursuant to this section does not affect the authority of a governing board of a school district to determine the physical placement and assignment of an employee who is suspended or placed on administrative leave during the review of the motion or while dismissal charges are pending. (Amended by Stats. 2015, Ch. 303, Sec. 87. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44939.1. Source version: id_f22b6d48-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.1. (b) Upon the filing of written charges, duly signed and verified by the person filing them with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district, charging a permanent employee of the school district with egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, the governing board of the school district may, if it deems such action necessary, immediately suspend the employee from his or her duties and give notice to him or her of his or her suspension, and that 30 days after service of the notice of dismissal, he or she will be dismissed, unless he or she demands a hearing. (Added by Stats. 2014, Ch. 55, Sec. 9. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44939.5. Source version: id_3b3302e6-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency. (b) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employee’s personnel file, nor shall they enter into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted. (c) (1) A person applying for a certificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school or diagnostic center operated by the department, and private school that the applicant has previously been an employee of. (2) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing. (3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employee’s egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession. (d) Any school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. (Amended by Stats. 2025, Ch. 460, Sec. 12. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44940. Source version: id_57f4109b-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) For purposes of this section, “charged with a mandatory leave of absence offense” is defined to mean charged by complaint, information, or indictment filed in a court of competent jurisdiction with the commission of any sex offense as defined in Section 44010, with a violation or attempted violation of Section 187 of the Penal Code, or with the commission of any offense involving aiding or abetting the unlawful sale, use, or exchange to minors of controlled substances listed in Schedule I, II, or III, as contained in Sections 11054, 11055, and 11056 of the Health and Safety Code. (b) For purposes of this section, “charged with an optional leave of absence offense” is defined to mean a charge by complaint, information, or indictment filed in a court of competent jurisdiction with the commission of any controlled substance offense as defined in Section 44011 or 87011 of this code, or Sections 11357 to 11361, inclusive, or Section 11363, 11364, or 11370.1 of the Health and Safety Code, insofar as these sections relate to any controlled substances except marijuana, mescaline, peyote, or tetrahydrocannabinols. (c) For purposes of this section and Section 44940.5, the term “school district” includes county offices of education. (d) (1) If a certificated employee of a school district is charged with a mandatory leave of absence offense, as defined in subdivision (a), upon being informed that a charge has been filed, the governing board of the school district shall immediately place the employee on compulsory leave of absence. The duration of the leave of absence shall be until a time not more than 10 days after the date of entry of the judgment in the proceedings. No later than 10 days after receipt of the complaint, information, or indictment described by subdivision (a), the school district shall forward a copy to the Commission on Teacher Credentialing. (2) Upon receiving a copy of a complaint, information, or indictment described in subdivision (a) and forwarded by a school district, the Commission on Teacher Credentialing shall automatically suspend the employee’s teaching or service credential. The duration of the suspension shall be until a time not more than 10 days after the date of entry of the judgment in the proceedings. (e) (1) If a certificated employee of a school district is charged with an optional leave of absence offense as defined in subdivision (b), the governing board of the school district may immediately place the employee upon compulsory leave in accordance with the procedure in this section and Section 44940.5. If any certificated employee is charged with an offense deemed to fall into both the mandatory and the optional leave of absence categories, as defined in subdivisions (a) and (b), that offense shall be treated as a mandatory leave of absence offense for purposes of this section. No later than 10 days after receipt of the complaint, information, or indictment described by subdivision (a), the school district shall forward a copy to the Commission on Teacher Credentialing. (2) Upon receiving a copy of a complaint, information, or indictment described in subdivision (a) and forwarded by a school district, the Commission on Teacher Credentialing shall automatically suspend the employee’s teaching or service credential. The duration of the suspension shall be until a time not more than 10 days after the date of entry of the judgment in the proceedings. (Amended by Stats. 2015, Ch. 303, Sec. 88. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44940.5. Source version: id_a56c0e7e-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. A certificated employee placed on compulsory leave of absence pursuant to Section 44940, and a classified employee placed on compulsory leave of absence pursuant to Section 45304 shall be subject to the following procedures: (a) The governing board of the school district may extend the compulsory leave of absence of the employee beyond the initial period specified in Section 44940 or 45304, whichever is applicable, by giving notice to the employee within 10 days after the entry of judgment in the proceedings that the employee will be dismissed at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. (b) An employee placed upon compulsory leave of absence pursuant to this section shall continue to be paid his or her regular salary during the period of his or her compulsory leave of absence if and during that time he or she furnishes to the school district a suitable bond, or other security acceptable to the governing board, as a guarantee that the employee will repay to the school district the amount of salary so paid to him or her during the period of the compulsory leave of absence in case the employee is convicted of the charges, or fails or refuses to return to service following an acquittal of the offense or dismissal of the charges. If the employee is acquitted of the offense, or the charges against the employee are dismissed, the school district shall reimburse the employee for the cost of the bond upon his or her return to service in the school district. (c) If the employee does not elect to furnish bond, or other security acceptable to the governing board of the district, and if the employee is acquitted of the offense, or the charges against him or her are dismissed without his or her guilt being established, the school district shall pay to the employee his or her full compensation for the period of the compulsory leave of absence upon his or her return to service in the school district. If the charges against the employee are dismissed as a result of the employee’s successful completion of a drug diversion program, upon the employee’s return to service in the school district, the school district, at the employee’s election, shall pay to the employee any accrued leave, and differential pay pursuant to Sections 44977, 45195, and 45196, for up to the length of the employee’s compulsory leave of absence. (d) An action taken pursuant to this section by a governing board shall be reported immediately to the Commission on Teacher Credentialing. The commission shall give priority to the investigation and resolution of these cases. (Amended by Stats. 2008, Ch. 579, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44941. Source version: id_a175f194-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) The notice of suspension and intention to dismiss shall be in writing and served pursuant to Section 44936. A copy of the charges filed, containing the information required by Section 11503 of the Government Code, together with a copy of the provisions of this article, shall be attached to the notice. If the employee does not demand a hearing within the 30-day period, he or she may be dismissed upon the expiration of 30 days after service of the notice. (b) An employee who demands a hearing shall file a single document containing his or her request for a hearing pursuant to this section and a notice of defense pursuant to Sections 11505 and 11506 of the Government Code. (Amended by Stats. 2014, Ch. 55, Sec. 12. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44941.1. Source version: id_066cf94c-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Notwithstanding Section 44941, the notice of suspension and intention to dismiss that is based exclusively on charges of egregious misconduct as described in paragraph (1) of subdivision (a) of Section 44932, shall be in writing and served pursuant to Section 44936. A copy of the charges filed, containing the information required by Section 11503 of the Government Code, together with a copy of the provisions of this article, shall be attached to the notice. If the employee does not demand a hearing within the 30-day period, he or she may be dismissed upon the expiration of 30 days after service of the notice. (Added by Stats. 2014, Ch. 55, Sec. 13. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44942. Source version: id_d59d3eb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) Any certificated employee may be suspended or transferred to other duties by the governing board if the board has reasonable cause to believe that the employee is suffering from mental illness of such a degree as to render him or her incompetent to perform his or her duties. (b) The governing board shall immediately, upon any suspension or transfer under this section, give to the employee a written statement of the facts giving rise to the board’s belief, and an opportunity to appear before the board within 10 days to explain or refute the charges. (c) If, after the employee’s appearance before the board, the board decides to continue the suspension or transfer, or if the employee chooses not to appear before the board, the employee shall then be offered, in writing, the opportunity of being examined by a panel consisting of three persons who are either psychiatrists or psychologists, at least one of whom shall be a psychiatrist, selected by him or her from a list of psychiatrists and psychologists to be provided by the board. To assist the panel in making its determination, the governing board shall supply to the panel, prior to the date scheduled for the examination, a list of the duties of the position from which the employee was suspended or transferred. The employee shall continue to receive his or her regular salary and all other benefits of employment during the period dating from his or her suspension to the filing of the report of the panel with the governing board. (d) The examination shall be conducted at school district expense within 15 days of any suspension or transfer ordered under this section. The employee shall submit to the examination, but shall be entitled to be represented by a psychiatrist, psychologist licensed under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code, or physician of his or her own choice, and any report of the psychiatrist, psychologist, or physician selected by him or her shall be filed with the panel at the request of the employee. A written report of the panel on the examination of the suspended or transferred employee shall be submitted to the governing board no later than 10 days after completion of the examination. A copy shall be supplied to the employee upon request. The report shall contain a finding on whether the employee is suffering from mental illness of such a degree as to render him or her incompetent to perform his or her duties. (e) If a majority of the panel conclude that the employee should be permitted to return to his or her duties, no written record of the suspension or of the determination of the panel shall be retained, and in all respects any written record concerning the employee shall appear as it did before the suspension was made. (f) If a majority of the panel find in the panel’s report that the employee is suffering from mental illness of such a degree as to render him or her incompetent to perform his or her duties, the governing board may, upon receipt of the report, place the employee on mandatory sick leave of absence. Any mandatory sick leave of absence imposed under this section shall not exceed two years, during which period the employee shall be entitled to sick leave and hospital and medical benefits that he or she accrued during his or her employment by the governing board but only to the extent of that accrual. (g) Any employee placed on mandatory sick leave of absence pursuant to this section may, in writing, immediately demand a hearing. Upon receipt of that written demand, the governing board shall file a complaint in the superior court of the county in which the school district, or the major part thereof, is located, setting forth the charges against the employee and asking that the court inquire into the charges and determine whether or not the charges are true, and, if true, whether they constitute sufficient grounds for placing the employee on mandatory sick leave of absence, and for a judgment pursuant to its findings. (h) If the court finds that the employee was not, at the time of the suspension, incompetent to perform his or her assigned duties and should not have been placed on mandatory sick leave of absence, the employee shall be immediately reinstated to the same or a substantially similar position with full back salary, and any written record of the suspension or transfer or any report of the panel shall be destroyed. (i) If the court confirms the placing of the employee on mandatory sick leave, or if the employee does not seek a hearing, then, upon written request of the employee made not earlier than six months nor later than two years after the date he or she was placed on mandatory sick leave of absence, a new panel consisting of three persons who are either psychiatrists or psychologists, at least one of whom shall be a psychiatrist, shall be convened by, and at the expense of, the governing board to review its original conclusion. If the original conclusion is not changed by the new panel as a result of that review, the employee shall be continued on the mandatory sick leave of absence, except that when the employee’s total period of absence exceeds two years, the governing board shall either rescind its action and reinstate the employee to the same or a substantially similar position, or shall serve the employee with a notice of intention to dismiss him or her, and proceed according to Section 44943. (j) If a majority of the new panel concludes in its report, or any subsequent review thereof, that the suspended employee or employee on mandatory sick leave of absence should be permitted to return to his or her duties, or if the court so concludes, the governing board shall take immediate action to restore the employee to the position from which he or she was suspended or transferred or to a substantially similar position. (k) Every hearing and action by or before the governing board pursuant to this section shall be in executive session, and no decision, action, or occurrence therein shall be made public, unless the employee so requests in writing. (l) Nothing in this section shall be construed to supersede Section 44949. (Amended by Stats. 1989, Ch. 455, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44943. Source version: id_ab45ff86-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. When any employee who has been served with notice pursuant to Section 44934 or 44934.1 of the governing board’s intention to dismiss or suspend him or her demands a hearing, the governing board shall have the option either (a) to rescind its action, or (b) schedule a hearing on the matter. (Amended by Stats. 2014, Ch. 55, Sec. 14. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44944. Source version: id_b584948f-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) This section applies only to dismissal or suspension proceedings initiated pursuant to Section 44934. (b) (1) (A) In a dismissal or suspension proceeding initiated pursuant to Section 44934, if a hearing is requested by the employee, the hearing shall be commenced within six months from the date of the employee’s demand for a hearing. A continuance shall not extend the date for the commencement of the hearing more than six months from the date of the employee’s request for a hearing, except for extraordinary circumstances, as determined by the administrative law judge. If extraordinary circumstances are found that extend the date for the commencement of the hearing, the deadline for concluding the hearing and closing the record pursuant to this subdivision shall be extended for a period of time equal to the continuance. The hearing date shall be established after consultation with the employee and the governing board of the school district, or their representatives, except that if the parties are not able to reach an agreement on a date, the Office of Administrative Hearings shall unilaterally set a date in compliance with this section. The hearing shall be completed by a closing of the record within seven months of the date of the employee’s demand for a hearing. A continuance shall not extend the date for the close of the record more than seven months from the date of the employee’s request for a hearing, except for good cause, as determined by the administrative law judge. (B) If substantial progress has been made in completing the previously scheduled days of the hearing within the seven-month period but the hearing cannot be completed, for good cause shown, within the seven-month period, the period for completing the hearing may be extended by the presiding administrative law judge. If the administrative law judge grants a continuance under this subparagraph, the administrative law judge shall establish a reasonable timetable for the completion of the hearing and the closing of the record. The hearing shall be initiated and conducted, and a decision made, in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the Commission on Professional Competence shall have all of the power granted to an agency pursuant to that chapter, except as described in this article. (2) (A) A witness shall not be permitted to testify at the hearing except upon oath or affirmation. Testimony shall not be given or evidence shall not be introduced relating to matters that occurred more than four years before the date of the filing of the notice, except in one of the following circumstances: (i) Testimony or evidence regarding allegations of behavior or communication of a sexual nature with a pupil that is beyond the scope or requirements of the educational program, which may constitute misconduct, or an act described in Section 212.5, but not amounting to conduct described in clause (ii), may be introduced in a disciplinary proceeding based on similar conduct, where such allegations have been substantiated through an investigation or proceeding, or for which the employee was subject to discipline or other form of penalty. (ii) Testimony or evidence regarding allegations of an act described in Section 288 of the Penal Code with respect to a pupil of any age, Section 288.3 of the Penal Code, Section 44010 of this code, or Sections 11165.2 to 11165.6, inclusive, of the Penal Code may be introduced in any disciplinary proceeding. (B) Evidence of records regularly kept by the governing board of the school district concerning the employee may be introduced, but no decision relating to the dismissal or suspension of an employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years before the filing of the notice, except as allowed pursuant to subparagraph (A). (c) (1) The hearing provided for in this section shall be conducted by a Commission on Professional Competence, unless the parties submit a statement in writing to the Office of Administrative Hearings, indicating that both parties waive the right to convene a Commission on Professional Competence and stipulate to having the hearing conducted by a single administrative law judge. If the parties elect to waive a hearing before the Commission on Professional Competence, the hearing shall be initiated and conducted, and a decision made, in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the administrative law judge conducting the hearing shall have all the powers granted to a Commission on Professional Competence pursuant to that chapter, except as described in this article. (2) If the parties elect not to waive a hearing before a Commission on Professional Competence, one member of the commission shall be selected by the employee, one member shall be selected by the governing board of the school district, and one member shall be an administrative law judge of the Office of Administrative Hearings who shall be chairperson and a voting member of the commission and shall be responsible for assuring that the legal rights of the parties are protected at the hearing. (3) The governing board of the school district and the employee shall select Commission on Professional Competence members no later than 45 days before the date set for hearing, and shall serve notice of their selection upon all other parties and upon the Office of Administrative Hearings. Failure to meet this deadline shall constitute a waiver of the right to selection, and the county board of education or its specific designee shall immediately make the selection. If the county board of education is also the governing board of the school district or has by statute been granted the powers of a governing board, the selection shall be made by the Superintendent, who shall be reimbursed by the school district for all costs incident to the selection. (4) Any party who believes that a selected Commission on Professional Competence member is not qualified may file an objection, including a statement describing the basis for the objection, with the Office of Administrative Hearings and serve the objection and statement upon all other parties within 10 days of the date that the notice of selection is filed. Within seven days after the filing of any objection, the administrative law judge assigned to the matter shall rule on the objection or convene a teleconference with the parties for argument. (5) (A) The member selected by the governing board of the school district and the member selected by the employee shall not be related to the employee and shall not be employees of the school district initiating the dismissal or suspension. Each member shall hold a currently valid credential and have at least three years’ experience within the past 10 years in the discipline of the employee. (B) For purposes of this paragraph, the following terms have the following meanings: (i) For an employee subject to dismissal whose most recent teaching assignment is in kindergarten or any of the grades 1 to 6, inclusive, “discipline” means a teaching assignment in kindergarten or any of the grades 1 to 6, inclusive. (ii) For an employee subject to dismissal whose most recent assignment requires an education specialist credential or a services credential, “discipline” means an assignment that requires an education specialist credential or a services credential, respectively. (iii) For an employee subject to dismissal whose most recent teaching assignment is in any of the grades 7 to 12, inclusive, “discipline” means a teaching assignment in any of grades 7 to 12, inclusive, in the same area of study, as that term is used in Section 51220, as the most recent teaching assignment of the employee subject to dismissal. (d) (1) The decision of the Commission on Professional Competence shall be made by a majority vote, and the commission shall prepare a written decision containing findings of fact, determinations of issues, and a disposition that shall be, solely, one of the following: (A) That the employee should be dismissed. (B) That the employee should be suspended for a specific period of time without pay. (C) That the employee should not be dismissed or suspended. (2) The decision of the Commission on Professional Competence that the employee should not be dismissed or suspended shall not be based on nonsubstantive procedural errors committed by the school district or governing board of the school district unless the errors are prejudicial errors. (3) The Commission on Professional Competence shall not have the power to dispose of the charge of dismissal by imposing probation or other alternative sanctions. The imposition of suspension pursuant to subparagraph (B) of paragraph (1) shall be available only in a suspension proceeding authorized pursuant to subdivision (b) of Section 44932 or Section 44933. (4) The decision of the Commission on Professional Competence shall be deemed to be the final decision of the governing board of the school district. (5) The governing board of the school district may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section. (6) The governing board of the school district and the employee shall have the right to be represented by counsel. (e) (1) If the member selected by the governing board of the school district or the member selected by the employee is employed by any school district in this state, the member shall, during any service on a Commission on Professional Competence, continue to receive salary, fringe benefits, accumulated sick leave, and other leaves and benefits from the school district in which the member is employed, but shall not receive additional compensation or honorariums for service on the commission. (2) If the member selected is a retired employee, the member shall receive pay at the daily substitute teacher rate in the school district that is a party to the hearing. Service on a Commission on Professional Competence shall not be credited toward retirement benefits. (3) If service on a Commission on Professional Competence occurs during summer recess or vacation periods, the member shall receive compensation proportionate to that received during the current or immediately preceding contract period from the member’s employing school district, whichever amount is greater. (f) (1) If the Commission on Professional Competence determines that the employee should be dismissed or suspended, the governing board of the school district and the state shall share equally the expenses of the hearing, including the cost of the administrative law judge. The state shall pay any costs incurred under paragraphs (2) and (3) of subdivision (e), the reasonable expenses, as determined by the administrative law judge, of the member selected by the governing board of the school district and the member selected by the employee, including, but not limited to, payments or obligations incurred for travel, meals, and lodging, and the cost of the substitute or substitutes, if any, for the member selected by the governing board of the school district and the member selected by the employee. The Controller shall pay all claims submitted pursuant to this paragraph from the General Fund, and may prescribe reasonable rules, regulations, and forms for the submission of the claims. The employee and the governing board of the school district shall pay their own attorney’s fees. (2) If the Commission on Professional Competence determines that the employee should not be dismissed or suspended, the governing board of the school district shall pay the expenses of the hearing, including the cost of the administrative law judge, any costs incurred under paragraphs (2) and (3) of subdivision (e), the reasonable expenses, as determined by the administrative law judge, of the member selected by the governing board of the school district and the member selected by the employee, including, but not limited to, payments or obligations incurred for travel, meals, and lodging, the cost of the substitute or substitutes, if any, for the member selected by the governing board of the school district and the member selected by the employee, and reasonable attorney’s fees incurred by the employee. (3) As used in this section, “reasonable expenses” shall not be deemed “compensation” within the meaning of subdivision (e). (4) If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision of the Commission on Professional Competence, the payment of expenses to members of the commission required by this subdivision shall not be stayed. (5) If the decision of the Commission on Professional Competence is reversed or vacated by a court of competent jurisdiction, either the state, having paid the commission members’ expenses, shall be entitled to reimbursement from the governing board of the school district for those expenses, or the governing board of the school district, having paid the expenses, shall be entitled to reimbursement from the state. If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision to overturn the administrative law judge’s decision, the payment of the expenses of the hearing, including the cost of the administrative law judge required by this paragraph, shall be stayed until no further appeal is sought, or all appeals are exhausted. (g) (1) The hearing provided for in this section shall be conducted in a place selected by agreement among the members of the Commission on Professional Competence. In the absence of agreement, the place shall be selected by the administrative law judge. (2) Notwithstanding paragraph (1), the parties may mutually agree to hold the hearing by telephone, videoconference, or other electronic means. (Amended by Stats. 2021, Ch. 401, Sec. 9. (AB 1578) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44944.05. Source version: id_667f359f-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) In a dismissal or suspension proceeding initiated pursuant to Section 44934, in lieu of written discovery required pursuant to Section 11507.6 of the Government Code, the parties shall make disclosures as described in this section. This section does not apply to dismissal or suspension proceedings initiated pursuant to Section 44934.1. (b) (1) An initial disclosure shall comply with the following requirements: (A) A party shall, without awaiting a discovery request, provide to the other parties both of the following: (i) The name and, if known, the address and telephone number of each individual likely to have discoverable information, along with the subjects of information relating to the allegations made in the charges and the parties’ claims and defenses, unless the use would be solely for impeachment purposes. (ii) A copy of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control relating to the allegations made in the charges and the parties’ claims or defenses, unless the use would be solely for impeachment. (B) The school district and the employee shall make their initial disclosures within 45 days of the date of the employee’s demand for a hearing. (C) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another party’s disclosures. A party’s failure to make initial disclosures within the deadlines set forth in this section shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose. (D) A party has an obligation to promptly supplement its initial disclosures as new information or evidence becomes known or available. Supplemental disclosures shall be made as soon as possible, and no later than 60 days before the date of commencement of the hearing. A party’s failure to make supplemental disclosures promptly upon discovery or availability of new information or evidence shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose. (2) The disclosure of expert testimony shall comply with the following requirements: (A) A party shall also disclose to the other parties the identities of any expert witnesses whose testimony it may use at the hearing. (B) The disclosure specified in subparagraph (A) shall be accompanied by a summary of the witness’ expected testimony, including a description of the facts and data considered by the witness; a description of the witness’ qualifications, including a list of all publications authored in the previous 10 years; a list of all other cases in which, during the previous four years, the witness testified as an expert at a hearing or by deposition; and a statement of the compensation to be paid to the expert witness. (C) Expert witness disclosures shall be made no later than 60 days before the date of commencement of the hearing. A party’s failure to make full and timely expert witness disclosures shall preclude the party’s use of the expert witness’ testimony or evidence at the hearing. (3) Prehearing disclosures shall comply with the following requirements: (A) In addition to the disclosures required in paragraphs (1) and (2), a party shall provide to the other parties the following information about the evidence that it may present at the hearing: (i) The name, and, if not previously provided, the address and telephone number of each witness, separately identifying those the party expects to present and those it may call if the need arises. (ii) An identification of each exhibit, separately identifying those items the party expects to offer and those it may offer if the need arises. (B) Prehearing disclosures shall be made at least 30 days before the hearing. (i) Within 14 days after prehearing disclosures are made, a party shall file and serve any objections, along with the grounds for each objection, to the admissibility of evidence. (ii) These objections shall be decided on the first day of the hearing, or at a prehearing conference conducted pursuant to Section 11511.5 of the Government Code. Documents and individuals not timely disclosed without good cause shall be precluded from admission at the hearing. (c) In addition to the disclosures required by subdivision (a), the parties may obtain discovery by oral deposition in California, in accordance with Sections 2025.010 to 2025.620, inclusive, of the Code of Civil Procedure, except as described in this article. The school district may take the depositions of the employee and no more than four other witnesses, and the employee may take depositions of no more than five witnesses. Each witness deposition is limited to seven hours. An administrative law judge may allow the parties to conduct additional depositions only upon a showing of good cause. If a motion to conduct additional depositions is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to new evidence introduced as a result of the additional depositions. An order granting a motion for additional depositions shall not constitute an extraordinary circumstance or good cause for purposes of extending the deadlines set forth in paragraph (1) of subdivision (b) of Section 44944. (d) If the right to disclosures or oral depositions is denied by either the employee or the governing board, the exclusive right of a party seeking an order compelling production of discovery shall be pursuant to Section 11507.7 of the Government Code. If a party seeks protection from unreasonable or oppressive discovery demands, the exclusive right of a party seeking an order for protection shall be pursuant to Section 11450.30 of the Government Code. (Amended by Stats. 2015, Ch. 303, Sec. 90. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44944.1. Source version: id_19fe4820-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.1. (b) Once the governing board of the school district has initiated dismissal or suspension proceedings pursuant to Section 44934.1, the process described in this section shall be the exclusive means of pursuing a dismissal or suspension for the acts or events constituting the charge of egregious misconduct, and these specific acts or events shall not be used to support any additional or subsequent notice of suspension or dismissal pursuant to Section 44934. Once the governing board of the school district has initiated dismissal or suspension proceedings pursuant to Section 44934.1, the process described in this section shall be the exclusive means of pursuing a dismissal or suspension against the certificated employee until a written decision has been reached by the administrative law judge pursuant to paragraph (1) of subdivision (e), the charges have been dismissed, or the dismissal or suspension proceeding has been settled or otherwise resolved. If a suspension initiated against an employee pursuant to Section 44934.1 is upheld, and a dismissal was not pursued on the same charges, the entry of judgment of the suspension under Section 44934.1 may be considered as evidence to support a subsequent notice of dismissal based on other charges. If a suspension initiated against an employee pursuant to Section 44934.1 is upheld, but the employee prevailed on the dismissal proceeding based on the same charges, the entry of judgment of the suspension under Section 44934.1 shall not be considered as evidence to support a subsequent notice of dismissal based on other charges. (c) The hearing provided for in this section shall be initiated and conducted, and a decision made, in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, by an administrative law judge. The administrative law judge conducting the hearing shall have all the powers granted to an agency pursuant to that chapter. (d) (1) (A) In a dismissal or suspension proceeding initiated pursuant to Section 44934.1, if a hearing is requested by the employee, the hearing shall be commenced within 60 days from the date of the employee’s demand for a hearing. The hearing date shall be established after consultation with the employee and the governing board, or their representatives, except that, if the parties are not able to reach agreement on a date, the Office of Administrative Hearings shall unilaterally set a date in compliance with this section. The Office of Administrative Hearings shall prioritize the scheduling of dismissal or suspension proceedings initiated pursuant to Section 44934.1 over other proceedings related to certificated school employees. (B) The right of discovery of the parties shall not be limited to those matters set forth in Section 11507.6 of the Government Code but shall include the rights and duties of any party in a civil action brought in a superior court under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. Notwithstanding any provision to the contrary, and except for the taking of oral depositions, no discovery shall occur later than 30 calendar days after the employee is served with a copy of the accusation pursuant to Section 11505 of the Government Code. In all cases, discovery shall be completed prior to seven calendar days before the date upon which the hearing commences. If any continuance is granted pursuant to Section 11524 of the Government Code, the time limitation for commencement of the hearing as provided in this subdivision shall be extended for a period of time equal to the continuance. The continuance or continuances granted pursuant to Section 11524 of the Government Code, if any, shall not extend by more than a total of 30 days the deadline set forth in paragraph (1) of subdivision (d). The extension shall not include that period of time attributable to an unlawful refusal by either party to allow the discovery provided for in this section. (2) If the right of discovery granted under paragraph (1) is denied by either the employee or the governing board, the exclusive right of a party seeking an order compelling production of discovery shall be pursuant to Section 11507.7 of the Government Code. If a party seeks protection from unreasonable or oppressive discovery demands, the exclusive right of a party seeking an order for protection shall be pursuant to Section 11450.30 of the Government Code. (3) A witness shall not be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters that occurred more than four years before the date of the filing of the notice, except evidence of egregious misconduct, as described in paragraph (1) of subdivision (a) of Section 44932, which shall not be excluded based on the passage of time. (4) Evidence of records regularly kept by the governing board of the school district concerning the employee may be introduced, but no decision relating to the dismissal or suspension of an employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years before the filing of the notice, except evidence of egregious misconduct, as described in paragraph (1) of subdivision (a) of Section 44932, which shall not be excluded based on the passage of time. (e) (1) The administrative law judge shall prepare a written decision containing findings of fact, determinations of issues, and a disposition that shall be, solely, one of the following: (A) That the employee should be dismissed. (B) That the employee should be suspended for a specific period of time without pay. (C) That the employee should not be dismissed or suspended. (2) The decision of the administrative law judge that the employee should not be dismissed or suspended shall not be based on nonsubstantive procedural errors committed by the school district or the governing board of the school district unless the errors are prejudicial errors. (3) The administrative law judge shall not have the power to dispose of the charge of dismissal by imposing probation or other alternative sanctions. The imposition of suspension pursuant to subparagraph (B) of paragraph (1) shall be available only in a suspension proceeding authorized pursuant to subdivision (b) of Section 44932 or Section 44933. (4) The decision of the administrative law judge shall be deemed to be the final decision of the governing board of the school district. (5) The state board may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section. (6) The governing board of the school district and the employee shall have the right to be represented by counsel. (f) (1) If the administrative law judge determines that the employee should be dismissed or suspended, the governing board of the school district and the state shall share equally the expenses of the hearing, including the cost of the administrative law judge. The Controller shall pay all claims submitted pursuant to this paragraph from the General Fund, and may prescribe reasonable rules, regulations, and forms for the submission of the claims. The employee and the governing board of the school district shall pay their own attorney’s fees. (2) If the administrative law judge determines that the employee should not be dismissed or suspended, the governing board of the school district shall pay the expenses of the hearing, including the cost of the administrative law judge, and reasonable attorney’s fees incurred by the employee. (3) If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision of the administrative law judge, the payment of the expenses of the hearing, including the cost of the administrative law judge required by this subdivision, shall not be stayed. (4) If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision of the administrative law judge and the decision is upheld, the appellee shall be entitled to an award of reasonable attorney’s fees and costs expended on the appeal. (5) If the decision of the administrative law judge is reversed or vacated by a court of competent jurisdiction, either the state, having paid one-half of the expenses of the hearing, including the cost of the administrative law judge, shall be entitled to reimbursement from the governing board of the school district for those expenses, or the governing board of the school district, having paid one-half of the expenses, shall be entitled to reimbursement from the state. If either the governing board of the school district or the employee petitions a court of competent jurisdiction for review of the decision to overturn the administrative law judge’s decision, the payment of the expenses of the hearing, including the cost of the administrative law judge required by this paragraph, shall be stayed until no further appeal is sought, or all appeals are exhausted. (g) The hearing provided for in this section shall be conducted in a place selected in accordance with Section 11508 of the Government Code. (Repealed and added by Stats. 2014, Ch. 55, Sec. 18. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44944.3. Source version: id_6bc834d1-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. At a hearing conducted pursuant to Section 44944 or 44944.1, the administrative law judge, before admitting any testimony or evidence concerning an individual pupil, shall determine whether the introduction of the testimony or evidence at an open hearing would violate any provision of Article 5 (commencing with Section 49073) of Chapter 6.5 of Part 27 of Division 4, relating to privacy of pupil records. If the administrative law judge, in his or her discretion, determines that any of those provisions would be violated, he or she shall order that the hearing, or any portion of the hearing at which the testimony or evidence would be produced, be conducted in executive session. (Amended by Stats. 2015, Ch. 303, Sec. 91. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44945. Source version: id_bec218aa-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. The decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 may, on petition of either the governing board or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by a hearing officer under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law. (Amended by Stats. 2014, Ch. 55, Sec. 20. (AB 215) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44946. Source version: id_d5a04bfd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. If the employee has been suspended pending the hearing, he shall be reinstated within five days after the governing board’s decision in his favor, and shall be paid full salary by the governing board for the period of his suspension. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44947. Source version: id_d5a04bff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. If an employee is dismissed for immoral conduct or conviction of a felony or crime involving moral turpitude, the governing board shall transmit to the Commission on Teacher Credentialing and to the county board of education which issued the certificate under which the employee was serving at the time of his dismissal, a copy of the reporter’s transcript of the hearing accompanied by a request that any certificate issued by the county board of education to the employee be revoked if the employee is not reinstated upon appeal. (Amended by Stats. 1990, Ch. 1263, Sec. 15.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44948. Source version: id_d5a1d2a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) Governing boards of school districts shall dismiss probationary employees during the school year for cause only, as in the case of permanent employees. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year or who are employed in a school district having an average daily attendance of less than 250 pupils. (b) The governing board may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal pursuant to this section. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (Amended by Stats. 1983, Ch. 498, Sec. 60. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44948.2. Source version: id_d5a1d2a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Notwithstanding subdivision (a) of Section 44948 and subdivision (c) of Section 44948.3, the governing board of any school district having an average daily attendance of less than 250 may elect to dismiss probationary employees during the school year pursuant to the provisions of Section 44948.3. Once a district has made an election pursuant to this section, it shall only dismiss probationary certificated employees during the school year pursuant to this section. (Added by Stats. 1991, Ch. 256, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44948.3. Source version: id_d5a1d2a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) First and second year probationary employees may be dismissed during the school year for unsatisfactory performance determined pursuant to Article 11 (commencing with Section 44660) of Chapter 3, or for cause pursuant to Section 44932. Any dismissal pursuant to this section shall be in accordance with all of the following procedures: (1) The superintendent of the school district or the superintendent’s designee shall give 30 days’ prior written notice of dismissal, not later than March 15 in the case of second year probationary employees. The notice shall include a statement of the reasons for the dismissal and notice of the opportunity to appeal. In the event of a dismissal for unsatisfactory performance, a copy of the evaluation conducted pursuant to Section 44664 shall accompany the written notice. (2) The employee shall have 15 days from receipt of the notice of dismissal to submit to the governing board a written request for a hearing. The governing board may establish procedures for the appointment of an administrative law judge to conduct the hearing and submit a recommended decision to the board. The failure of an employee to request a hearing within 15 days from receipt of a dismissal notice shall constitute a waiver of the right to a hearing. (b) The governing board, pursuant to this section, may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal. (c) This section applies only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter, and does not apply to probationary employees in a school district having an average daily attendance of less than 250 pupils. (Amended by Stats. 1985, Ch. 324, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44948.5. Source version: id_d5a1d2a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) This section applies only to (1) probationary employees of a school district with an average daily attendance of less than 250 pupils, or (2) those persons currently employed as probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. (b) No later than March 15 and before a probationary employee is given notice by the governing board that his or her services will not be required for the ensuing year for reasons other than those specified in Section 44955, the governing board and the employee shall be given written notice by the superintendent of the district or his or her designee, or, in the case of a district which has no superintendent, by the clerk or secretary of the governing board, that it has been recommended that the notice be given to the employee, and stating the reasons therefor. If the probationary employee has been in the employ of the district for less than 45 days on March 15, the giving of the notice may be deferred until the 45th day of employment and all time period and deadline dates prescribed by this subdivision shall be coextensively extended. Until the employee has requested a hearing as provided in subdivision (c) or has waived his or her right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section. (c) The employee may request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice pursuant to subdivision (b), on or before a date specified in that subdivision, which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, his or her failure to do so shall constitute a waiver of his or her right to a hearing. The notice provided for in subdivision (b) shall advise the employee of the provisions of this subdivision. (d) In the event a hearing is requested by the employee, the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board shall have all the power granted to an agency therein, except that all of the following shall apply: (1) The respondent shall file his or her notice of defense, if any, within five days after service upon him or her of the accusation and he or she shall be notified of this five-day period for filing in the accusation. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if request is made therefor within 15 days after service of the accusation, and the notice required by Section 11505 of the Government Code shall so indicate. (3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils thereof. The proposed decision shall be prepared for the governing board and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board. Nonsubstantive procedural errors committed by the school district or governing board of the school district shall not constitute cause for dismissing the charges unless the errors are prejudicial errors. Copies of the proposed decision shall be submitted to the governing board and to the employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board from the district funds. The board may adopt from time to time such rules and procedures not inconsistent with provisions of this section as may be necessary to effectuate this section. (e) The governing board’s determination not to reemploy a probationary employee for the ensuing school year shall be for cause only. The determination of the governing board as to the sufficiency of the cause pursuant to this section shall be conclusive, but the cause shall relate solely to the welfare of the schools and the pupils thereof. The decision made after the hearing shall be effective on May 15 of the year the proceeding is commenced. (f) Notice to the probationary employee by the governing board that his or her service will not be required for the ensuing year, shall be given no later than May 15. (g) If a governing board notifies a probationary employee that his or her services will not be required for the ensuing year, the board shall, within 10 days after delivery to it of the employee’s written request, provide the employee with a statement of its reasons for not reemploying him or her for the ensuing school year. (h) Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid and addressed to the last known address of the employee. (i) In the event that the governing board does not give notice provided for in subdivision (e) on or before May 15, the employee shall be deemed reemployed for the ensuing school year. (j) If after request for hearing pursuant to subdivision (c) any continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivisions (d), (e), (f), and (i) which occur on or after the date of granting the continuance shall be extended for a period of time equal to the continuance. (Amended by Stats. 1985, Ch. 324, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44949. Source version: id_e75147f8-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) (1) No later than March 15 and before an employee is given notice by the governing board that his or her services will not be required for the ensuing year for the reasons specified in Section 44955, the governing board and the employee shall be given written notice by the superintendent of the district or his or her designee, or in the case of a school district that has no superintendent by the clerk or secretary of the governing board, that it has been recommended that the notice be given to the employee, and stating the reasons therefor. (2) Until the employee has requested a hearing as provided in subdivision (b) or has waived his or her right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section. (b) The employee may request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice pursuant to subdivision (a), on or before a date specified in that subdivision, which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, his or her failure to do so shall constitute his or her waiver of his or her right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision. (c) If a hearing is requested by the employee, the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board shall have all the power granted to an agency in that chapter, except that all of the following shall apply: (1) The respondent shall file his or her notice of participation, if any, within five days after service upon him or her of the District Statement of Reduction in Force and he or she shall be notified of this five-day period for filing in the District Statement of Reduction in Force. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if request is made therefor within 15 days after service of the District Statement of Reduction in Force, and the notice required by Section 11505 of the Government Code shall so indicate. (3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils of the schools. The proposed decision shall be prepared for the governing board and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board. Nonsubstantive procedural errors committed by the school district or governing board of the school district shall not constitute cause for dismissing the charges unless the errors are prejudicial errors. Copies of the proposed decision shall be submitted to the governing board and to the employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board from the district funds. (d) Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid and addressed to the last known address of the employee. (e) If after a request for hearing pursuant to subdivision (b) a continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivision (c) that occur on or after the date of granting the continuance and the date prescribed in subdivision (c) of Section 44955 that occurs after the date of granting the continuance shall be extended for a period of time equal to the continuance. (f) The governing board may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section. (Amended by Stats. 2013, Ch. 90, Sec. 1. (SB 546) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44951. Source version: id_d5a3594b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Unless a certificated employee holding a position requiring an administrative or supervisory credential is sent written notice deposited in the United States registered mail with postage prepaid and addressed to his or her last known address by March 15 that he or she may be released from his or her position for the following school year, or unless the signature of the employee is obtained by March 15 on the written notice that he or she may be released from his or her position for the following year, he or she shall be continued in the position. The provisions of this section do not apply to a certificated employee who holds a written contract with an expiration date beyond the current school year, or to a certificated employee holding a position that is funded for less than a school year, or to a certificated employee assigned to an acting position whose continuing right to hold this position depends on being selected from an eligible list established for the position, or to the termination of employment pursuant to Section 44955. (Amended by Stats. 1993, Ch. 261, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44952. Source version: id_d5a3594d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. The provisions of Section 44949 shall not be construed as in any way modifying or affecting the provisions of Section 44948. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44953. Source version: id_d5a3594f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Governing boards of school districts may dismiss substitute employees at any time at the pleasure of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44954. Source version: id_d5a4dff1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Governing boards of school districts may release temporary employees requiring certification qualifications under the following circumstances: (a) At the pleasure of the board prior to serving during one school year at least 75 percent of the number of days the regular schools of the district are maintained. (b) After serving during one school year the number of days set forth in subdivision (a), if the employee is notified before the end of the school year of the district’s decision not to reelect the employee for the next succeeding year. (Repealed and added by Stats. 1992, Ch. 336, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44955. Source version: id_d5a4dff3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) No permanent employee shall be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, and no probationary employee shall be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive. (b) Whenever in any school year the average daily attendance in all of the schools of a district for the first six months in which school is in session shall have declined below the corresponding period of either of the previous two school years, whenever the governing board determines that attendance in a district will decline in the following year as a result of the termination of an interdistrict tuition agreement as defined in Section 46304, whenever a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or whenever the amendment of state law requires the modification of curriculum, and when in the opinion of the governing board of the district it shall have become necessary by reason of any of these conditions to decrease the number of permanent employees in the district, the governing board may terminate the services of not more than a corresponding percentage of the certificated employees of the district, permanent as well as probationary, at the close of the school year. Except as otherwise provided by statute, the services of no permanent employee may be terminated under the provisions of this section while any probationary employee, or any other employee with less seniority, is retained to render a service which said permanent employee is certificated and competent to render. In computing a decline in average daily attendance for purposes of this section for a newly formed or reorganized school district, each school of the district shall be deemed to have been a school of the newly formed or reorganized district for both of the two previous school years. As between employees who first rendered paid service to the district on the same date, the governing board shall determine the order of termination solely on the basis of needs of the district and the students thereof. Upon the request of any employee whose order of termination is so determined, the governing board shall furnish in writing no later than five days prior to the commencement of the hearing held in accordance with Section 44949, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to the other employees in the group. This requirement that the governing board provide, on request, a written statement of reasons for determining the order of termination shall not be interpreted to give affected employees any legal right or interest that would not exist without such a requirement. (c) Notice of such termination of services shall be given before the 15th of May in the manner prescribed in Section 44949, and services of such employees shall be terminated in the inverse of the order in which they were employed, as determined by the board in accordance with the provisions of Sections 44844 and 44845. In the event that a permanent or probationary employee is not given the notices and a right to a hearing as provided for in Section 44949, he or she shall be deemed reemployed for the ensuing school year. The governing board shall make assignments and reassignments in such a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render. However, prior to assigning or reassigning any certificated employee to teach a subject which he or she has not previously taught, and for which he or she does not have a teaching credential or which is not within the employee’s major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject. (d) Notwithstanding subdivision (b), a school district may deviate from terminating a certificated employee in order of seniority for either of the following reasons: (1) The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services, which others with more seniority do not possess. (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws. (Amended by Stats. 1983, Ch. 1302, Sec. 15.2. Effective September 30, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44955.5. Source version: id_210126eb-395d-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) During the time period between five days after the enactment of an annual Budget Act and August 15 of the fiscal year to which that Budget Act applies, if the governing board of a school district determines that its total local control funding formula apportionment per unit of average daily attendance for the fiscal year of that Budget Act has not increased by at least 2 percent, and if the governing board of a school district determines it is therefore necessary to decrease the number of permanent employees in the school district, the governing board of the school district may terminate the services of any permanent or probationary certificated employees of the school district, including employees holding a position that requires an administrative or supervisory credential. The termination shall be pursuant to Sections 44951 and 44955 but, notwithstanding anything to the contrary in Sections 44951 and 44955, in accordance with a schedule of notice and hearing adopted by the governing board of the school district. (b) This section is inoperative from July 1, 2002, to July 1, 2003, inclusive, and from July 1, 2011, to July 1, 2012, inclusive. (c) (1) Except as provided in paragraph (2), this section is inoperative from July 1, 2020, to July 1, 2021, inclusive. (2) Notwithstanding paragraph (1), from July 1, 2020, to July 1, 2021, inclusive, a certificated employee of a school district holding a position that requires an administrative or supervisory credential may be terminated pursuant to subdivision (a). (d) This section is inoperative from July 1, 2024, to July 1, 2025, inclusive. (Amended by Stats. 2024, Ch. 38, Sec. 40. (SB 153) Effective June 29, 2024. Amendment makes this section inoperative from July 1, 2024, to July 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44956. Source version: id_c8cac2cc-898e-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Any permanent employee whose services have been terminated as provided in Section 44955 shall have the following rights: (a) For the period of 39 months from the date of the termination, any employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, in the order of original employment as determined by the board in accordance with Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service; provided, that no probationary or other employee with less seniority shall be employed to render a service that the employee is certificated and competent to render. However, prior to reappointing any employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or that is not within the employee’s major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject. (b) The right to reappointment described in subdivision (a) may be waived by the employee, without prejudice, for not more than one school year, unless the board extends this right, but the waiver shall not deprive the employee of his or her right to subsequent offers of reappointment. (c) Notwithstanding subdivision (a), a school district may deviate from reappointing a certificated employee in order of seniority for either of the following reasons: (1) The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the employee has special training and experience necessary to teach that course or course of study, or to provide those services, that others with more seniority do not possess. (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws. (d) As to any employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when his or her services were terminated, and credit for prior service under any state or district retirement system shall not be affected by such termination, but the period of his or her absence shall not count as a part of the service required for retirement. (e) During the period of his or her preferred right to reappointment, an employee shall, in the order of original employment, be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that his or her services may be terminated upon the return to duty of the other employee and that substitute service shall not affect the retention of his or her previous classification and rights. If, in any school year the employee serves as a substitute in any position requiring certification for 21 days or more within a period of 60 schooldays, the compensation the employee receives for substitute service in that 60-day period, including his or her first 20 days of substitute service, shall be not less than the amount the employee would receive if he or she were being reappointed. (f) (1) During the period of the employee’s preferred right to reappointment, the governing board of the district, if it is also the governing board of one or more other districts, may assign him or her to service, which he or she is certificated and competent to render, in another district or districts; provided, that the compensation he or she receives therefor may, in the discretion of the governing board, be the same as he or she would have received had he or she been serving in the district from which his or her services were terminated, that his or her service in the other district or districts shall be counted toward the period required for both state and local retirement as though rendered in the district from which his or her services were terminated, and that no permanent employee in the other district or districts shall be displaced by him or her. (2) It is the intent of this subdivision that the employees of a school district, the governing board of which is also the governing board of one or more other school districts, shall not be at a disadvantage as compared with employees of a unified school district. (g) At any time prior to the completion of one year after his or her return to service, he or she may continue or make up, with interest, his or her own contributions to any state or district retirement system, for the period of his or her absence, but it shall not be obligatory on state or district to match those contributions. (h) Should he or she become disabled or reach retirement age at any time before his or her return to service, he or she shall receive, in any state or district retirement system of which he or she was a member, all benefits to which he or she would have been entitled had such event occurred at the time of his or her termination of service, plus any benefits he or she may have qualified for thereafter, as though still employed. (Amended by Stats. 2014, Ch. 71, Sec. 38. (SB 1304) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44956.5. Source version: id_d5a66699-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. For a certificated employee initially employed in an administrative position on or after July 1, 1983, who transfers to a teaching position, the period of employment in the administrative position shall not be included in determining seniority for purposes of Sections 44955 and 44956, except for school site administrators who shall earn up to a maximum of three years seniority while serving as site administrators. (Added by Stats. 1983, Ch. 498, Sec. 67. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44957. Source version: id_d5a6669b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Any probationary employee whose services have been terminated as provided in Section 44955 shall have the following rights: (a) For the period of 24 months from the date of such termination, any employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, subject to the prior rights to reappointment by all permanent employees as set forth in Section 44956, in the order of original employment as determined by the governing board in accordance with the provisions of Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. Except as otherwise provided, no probationary or temporary employee with less seniority shall be employed to render a service which such employee is certificated and competent to render and provided that such an employee shall be given a priority over employees whose right to a position is derived pursuant to Section 44918. However, prior to reappointing any employee to teach a subject which he or she has not previously taught, and for which he or she does not have a teaching credential or which is not within the employee’s major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject. (b) Notwithstanding subdivision (a), a school district may deviate from reappointing a probationary employee in order of seniority for either of the following reasons: (1) The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the employee has special training and experience necessary to teach that course or course of study, or to provide those services, which others with more seniority do not possess. (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws. (c) As to any such employee who is reappointed, the period of his absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his service, he shall retain the classification and order of employment he had when his services were terminated, and credit for prior service under any state or district retirement system shall not be affected by such termination; provided, however, that the period of his absence shall not be counted as a part of the service required for attaining permanent status in the district or, except as provided in subdivision (e), for retirement purposes. (d) During the period of his preferred right to reappointment, any such employee shall, in the order of original employment, and subject to the rights of permanent employees as set forth in Section 44956, be offered prior opportunity for substitute service during the absence of any other employee who has been granted leave of absence or who is temporarily absent from duty; provided, that his services may be terminated upon a return to duty of such other employee, that such substitute service shall not affect the retention of his previous classification and rights, and that such an employee shall be given a priority over employees whose right to a substitute position is derived pursuant to Section 44918. (e) At any time prior to the completion of one year after his return to service, an employee reappointed under the provisions of this section may elect to continue or to reinstate his membership and interest in any state or district retirement system and to receive retirement benefits as if no absence from service had occurred. In the event of such election the employee shall pay into the retirement system the amount of his share of contribution and the district’s share of contribution attributable to the period of absence and the amount of any contributions withdrawn, plus interest. (Amended by Stats. 1983, Ch. 1302, Sec. 15.5. Effective September 30, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44958. Source version: id_d5a6669d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. If the services of any probationary employee are terminated, or if such employee is dismissed, because of a reduction in the attendance of pupils or the discontinuance of a particular kind of service, and such employee is reemployed within a period of 39 months from the last day of the school year within which his service was so terminated, or within 39 months after the cessation of hostilities, if such reduction in attendance or discontinuance of service was due to war conditions, the period of his absence shall not count as a part of the service required as a condition precedent to the classification of such employee as a permanent employee of the district, but such absence shall not be construed as a break in the continuity of the service of such employee. Every such probationary employee who has been reemployed as indicated in this section shall have all of the rights enumerated in Sections 44955 to 44961, inclusive, for permanent employees, except the right of reappointment, subject only to the prior rights of permanent employees. The provisions of this section shall apply to any probationary employee who shall be or who shall have been dismissed or terminated after January 1, 1949, because of reduction in attendance or discontinuance of a particular kind of service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44959. Source version: id_d5a6669f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. As to any permanent certificated employee whose services have been terminated because of the effect of wars in which the United States is engaged upon the attendance of pupils or upon the maintenance of a particular kind of service, the effective period covered by all rights enumerated in Section 44956 is extended until two years after the cessation of hostilities, and in addition thereto for a like period these employees shall have the following rights: (a) He or she may voluntarily accept termination of service in other than the order of original employment and retain all of the other rights herein provided. (b) If he or she is engaged in any form of civilian or military war service, any credential or certificate he or she holds is continued in full force and effect until 90 days after the termination of his or her employment therein. (c) If, either before or after such termination, he or she engages in any form of war service for which provision is made in Section 44800 or elsewhere in the laws of this state, he or she shall retain all rights granted by that war service legislation as though still employed. However, the right to reappointment shall be in the order of original employment, as determined in accordance with the provisions of Sections 44844 and 44845. (Amended by Stats. 1994, Ch. 922, Sec. 95. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44959.5. Source version: id_d6fc0c34-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) The layoff provisions of Sections 44955, 44956, 44957, 44958, and 44959 shall not be applicable to probationary certificated employees who are covered by a collective agreement which contains provisions for the layoff and reassignment of such employees. (b) If layoff proceedings are commenced under procedures prescribed by any of the sections referred to in subdivision (a), such proceedings shall continue in accordance with the statutory procedures, notwithstanding the subsequent adoption of a collective agreement or the inclusion in the coverage thereof of employees not so covered at the time such proceedings commenced. (c) If layoff proceedings are commenced under a collective agreement which contains provisions for the layoff of probationary certificated employees, such proceedings shall continue in accordance with the agreement, notwithstanding the subsequent termination of the agreement. (d) This section shall only apply to a school district in which the average daily attendance is 250,000 or more and shall not be interpreted to apply to the termination of any probationary certificated employee pursuant to Section 44948 or 44949. (Amended by Stats. 2022, Ch. 920, Sec. 7. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44960. Source version: id_d5a7ed43-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. The services of any permanent certificated employee referred to in Section 44959 who has been appointed to substitute service in place of another employee who is on leave of absence for civilian or military war service may be terminated upon the return of said other employee from such leave of absence, but only at the end of the current semester or quarter and not less than 30 days after written notice that his services will no longer be required. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44961. Source version: id_0587152b-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. In specifying or defining the rights of employees in Sections 44955 to 44961, inclusive, the effect of war refers to “war” as defined in Section 22804. (Amended by Stats. 2009, Ch. 303, Sec. 10. (SB 509) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44962. Source version: id_d5a7ed47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Governing boards of school districts may grant leaves of absence to persons employed in positions requiring certification qualifications. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44963. Source version: id_d5a7ed49-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. When any provision of this code expressly authorizes or requires the governing board of a school district to grant a leave of absence for any purpose or for any period of time to persons employed in positions requiring certification qualifications, that express authorization or requirement does not deprive the governing board of the power to grant leaves of absence with or without pay to such employees for other purposes or for other periods of time, so long as the governing board does not deprive any employee of any leave of absence to which he is entitled by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44964. Source version: id_d5a7ed4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. The governing board of any school district may provide for the leave of absence from duty and may grant compensation during the leave of absence to any employee of the district who is employed in a position requiring certification qualifications and who is compelled to absent himself from his duties because of accident or illness, whether or not the cause of absence arises out of and in the course of the employment of the employee, or because of quarantine which results from his contact with other persons having a contagious disease while performing his duties, or because of temporary inability to perform the services required of him because of illness, accident, or quarantine. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44965. Source version: id_515e5586-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. The governing board of any school district shall provide for leave of absence from duty for any certificated employee of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by any school district. Except as provided herein, written and unwritten employment policies and practices of any school district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities. This section shall be construed as requiring the governing board of a school district to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury, or disability. This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2026, Ch. 65, Sec. 78. (AB 126) Effective July 9, 2026. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 79 of Stats. 2026, Ch. 65.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44965. Source version: id_785f25aa-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) (1) A public school employer shall provide for a leave of absence from duty for a certificated employee of the public school employer who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions. (2) For part-time certificated employees, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following: (A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the public school employer. (B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the six-month period immediately preceding the date that the employee began their paid leave. (ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the entire period of that employment preceding the date that the employee began their paid leave. (3) Notwithstanding any other law, a public school employer shall maintain group health coverage for an employee who takes a leave of absence under this section for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence. (4) A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee for subsequent injury, illness, or disabilities, including those caused or contributed to by pregnancy, miscarriage, or childbirth, pursuant to state or federal regulations or laws, except as provided in subdivision (e). (5) Compensation during the leave of absence taken under this section shall include retirement fund contributions required of the public school employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions to the retirement fund. (b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by a public school employer. (c) Except as provided in this section, written and unwritten employment policies and practices of a public school employer shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities. (d) Except as provided in this section, there are no eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under this section. (e) A public school employer that has elected to become an employer subject to Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code pursuant to Section 710.4 of the Unemployment Insurance Code may apply the disability benefits of an employee under Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code in partial satisfaction of the requirements of this section. Full satisfaction of the requirements of this section is met if the employer ensures that the employee receives the full amount of pay during the leave of absence required by this section without a reduction to the vacation, sick, or other compensated leave time balances of the employee. (f) This section shall not apply to any employee classified as a substitute or temporary employee. (g) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section. (h) For purposes of this section, “public school employer” means a school district, county office of education, charter school, or educational joint powers authority. (i) This section shall become operative on January 1, 2027. (Repealed (in Sec. 78) and added by Stats. 2026, Ch. 65, Sec. 79. (AB 126) Effective July 9, 2026. Operative January 1, 2027, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44966. Source version: id_d5a973ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. The governing board of any school district may grant any employee of the district employed in a position requiring certification qualifications, a leave of absence for not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the schools and pupils of the district. The governing board may provide that the leave of absence be taken in separate six-month periods or separate quarters rather than for a continuous one-year period, provided that the leave of absence for both of the separate six-month periods or any or all quarters shall be commenced and completed within a three-year period. Any period of service by the individual intervening between the two separate six-month periods or separate quarters of the leave of absence shall comprise a part of the service required for a subsequent leave of absence. (Amended by Stats. 1994, Ch. 922, Sec. 96. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44967. Source version: id_d5a973f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. No leave of absence shall be granted to any employee under Section 44966 who has not rendered service to the district for at least seven consecutive years preceding the granting of the leave, and not more than one such leave of absence shall be granted in each seven-year period. The governing board granting the leave of absence may, subject to the rules and regulations of the State Board of Education, prescribe the standards of service which shall entitle the employee to the leave of absence. No absence from the service of the district under a leave of absence, other than a leave of absence granted pursuant to Section 44966, granted by the governing board of the district shall be deemed a break in the continuity of service required by this section, and the period of such absence shall not be included as service in computing the seven consecutive years of service required by this section. Service under a national recognized fellowship or foundation approved by the State Board of Education, for a period of not more than one year, for research, teaching or lecturing shall not be deemed a break in continuity of service, and the period of such absence shall be included in computing the seven consecutive years of service required by this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44968. Source version: id_d5a973f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Every employee granted a leave of absence pursuant to Section 44966 may be required to perform such services during the leave as the governing board of the district and the employee may agree upon in writing, and the employee shall receive such compensation during the period of the leave as the governing board and the employee may agree upon in writing, which compensation shall be not less than the difference between the salary of the employee on leave and the salary of a substitute employee in the position which the employee held prior to the granting of the leave. However, in lieu of such difference, the board may pay one-half of the salary of the employee on leave or any additional amount up to and including the full salary of the employee on leave. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44968.5. Source version: id_d5a973f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. An employee granted a leave of absence pursuant to Section 44966 or 44967 may agree in writing with the governing board of the school district not to receive compensation during the period of the leave. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44969. Source version: id_d5aaf997-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Every employee, as a condition to being granted a leave of absence pursuant to Section 44966, shall agree in writing to render a period of service in the employ of the governing board of the district following his return from the leave of absence which is equal to twice the period of the leave. Compensation granted by the governing board to the employee on leave for less than one year may be paid during the first year of service rendered in the employ of the governing board following the return of the employee from the leave of absence or, in the event that the leave is for a period of one year, such compensation may be paid in two equal annual installments during the first two years of such service following the return of the employee. The compensation shall be paid the employee while on the leave of absence in the same manner as if the employee were teaching in the district, upon the furnishing by the employee of a suitable bond indemnifying the governing board of the district against loss in the event that the employee fails to render the agreed upon period of service in the employ of the governing board following the return of the employee from the leave of absence. The bond shall be exonerated in event the failure of the employee to return and render the agreed upon period of service is caused by the death or physical or mental disability of the employee. If the governing board finds and by resolution declares that the interests of the district will be protected by the written agreement of the employee to return to the service of the district and render the agreed upon period of service therein following his return from the leave, the governing board in its discretion may waive the furnishing of the bond and pay the employee on leave in the same manner as though a bond is furnished. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44970. Source version: id_d5aaf999-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. If the employee does not serve for the entire period of service agreed upon under Section 44969, the amount of compensation paid for the leave of absence shall be reduced by an amount which bears the same proportion to the total compensation as the amount of time which was not served bears to the total amount of time agreed upon. If the employee furnished an indemnity bond, upon default, the proceeds of the bond shall be divided between the employee and the school district in the same proportion as the actual amount of time served bears to the amount of time agreed upon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44972. Source version: id_d5aaf99b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Where one governing board serves as the governing board of two or more separate districts, an employee may fulfill the service requirements provided in Section 44967 or in 44969, or both, by service in any one or more of the districts under the jurisdiction of such governing board. At the option of the governing board the provisions of this section may apply in whole or in part to service rendered prior to October 1, 1949. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44973. Source version: id_d5aaf99d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. At the expiration of the leave of absence of the employee, he shall, unless he otherwise agrees, be reinstated in the position held by him at the time of the granting of the leave of absence. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44974. Source version: id_d5aaf99f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Both the governing board of any district and the district shall be freed from any liability for the payment of any compensation or damages provided by law for the death or injury of any employee of the district employed in a position requiring certification qualifications when the death or injury occurs while the employee is on any leave of absence granted under the provisions of Sections 44962 to 44976, inclusive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44975. Source version: id_d5ac8041-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. No leave of absence when granted to a probationary employee shall be construed as a break in the continuity of service required for the classification of the employee as permanent. The time during which the leave of absence is taken shall not be considered as employment within the meaning of Sections 44882 to 44891, inclusive, Sections 44893 to 44900, inclusive, Sections 44901 to 44906, inclusive, and Sections 44908 to 44919, inclusive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44976. Source version: id_d5ac8043-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. When any school or other place of employment shall have been transferred from one district to another, any certificated employees who transfer with said school or other place of employment shall be entitled to retain all sickness and injury, sabbatical and other leave rights accumulated by service prior to such transfer and the district to which such school or other place of employment has been transferred shall recognize or grant such rights, including any accumulated rights allowed by the governing board of the district from which the school or other place of employment was transferred, as fully as if there had been no change in the district maintaining such school or other place of employment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44977. Source version: id_d5ac8045-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) During each school year, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of illness or accident for an additional period of five school months, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due him or her for any of the additional five months in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee. (b) For purposes of subdivision (a): (1) The sick leave, including accumulated sick leave, and the five-month period shall run consecutively. (2) An employee shall not be provided more than one five-month period per illness or accident. However, if a school year terminates before the five-month period is exhausted, the employee may take the balance of the five-month period in a subsequent school year. (c) The governing board of every school district shall adopt a salary schedule for substitute employees. The salary schedule shall indicate a salary for a substitute for all categories or classes of certificated employees of the district. (d) Excepting in a district the governing board of which has adopted a salary schedule for substitute employees of the district, the amount paid the substitute employee during any month shall be less than the salary due the employee absent from his or her duties. (e) When a person employed in a position requiring certification qualifications is absent from his or her duties on account of illness for a period of more than five school months, or when a person is absent from his or her duties for a cause other than illness, the amount deducted from the salary due him or her for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. The rules and regulations shall not conflict with rules and regulations of the State Board of Education. (f) Nothing in this section shall be construed so as to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for persons acquiring certification qualifications. (g) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. (Amended by Stats. 1998, Ch. 30, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44977.5. Source version: id_5e75bd35-fcd8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) (1) Notwithstanding any other law, during each school year, a person employed in a position requiring certification qualifications may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. (2) In school districts that use the differential pay system described in Section 44977, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence or, if no substitute employee was employed, the amount that would have been paid to a substitute had he or she been employed. The school district shall make every reasonable effort to secure the services of a substitute employee. (3) In school districts that use the differential pay system described in Section 44983, when a person employed in a position requiring certification qualifications has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the person shall be compensated at no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (4) Regardless of the type of differential pay system used by the school district pursuant to paragraphs (2) and (3), the compensation a person employed in a position requiring certification qualifications shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (b) For purposes of subdivision (a), all of the following apply: (1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. (2) A person employed in a position requiring certification qualifications shall not be provided more than one 12-week period for parental leave during any 12-month period. (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. (c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district. (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in a position requiring certification qualifications is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. (e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. (f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (Amended by Stats. 2018, Ch. 994, Sec. 1. (AB 2012) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44978. Source version: id_d5ac8047-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Every certificated employee employed five days a week by a school district shall be entitled to 10 days’ leave of absence for illness or injury and additional days in addition thereto as the governing board may allow for illness or injury, exclusive of all days he or she is not required to render service to the district, with full pay for a school year of service. A certificated employee employed for less than five schooldays a week shall be entitled, for a school year of service, to that proportion of 10 days’ leave of absence for illness or injury as the number of days he or she is employed per week bears to five and is entitled to additional days in addition thereto as the governing board may allow for illness or injury to certificated employees employed for less than five schooldays a week. Pay for any day of this absence shall be the same as the pay that would have been received had the employee served during the day. Credit for leave of absence need not be accrued prior to taking the leave by the employee and the leave of absence may be taken at any time during the school year. If the employee does not take the full amount of leave allowed in any school year under this section the amount not taken shall be accumulated from year to year with additional days as the governing board may allow. The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purposes of this section. The rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized church or denomination. Nothing in this section shall be deemed to modify or repeal any provision of law contained in Chapter 3 (commencing with Section 120175) of Part 1 of Division 105 of the Health and Safety Code. Section 44977 relating to compensation, shall not apply to the first 10 days of absence on account of illness or accident of the employee employed five days a week or to the proportion of 10 days of absence to which the employee employed less than five days a week is entitled hereunder on account of illness or accident or to additional days granted by the governing board. Any employee shall have the right to utilize sick leave provided for in this section and the benefit provided by Section 44977 for absences necessitated by pregnancy, miscarriage, childbirth, and recovery therefrom. (Amended by Stats. 1996, Ch. 1023, Sec. 36. Effective September 29, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44978.1. Source version: id_d5ae06e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. When a certificated employee has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident for a period beyond the five-month period provided pursuant to Section 44977, and the employee is not medically able to resume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 24 months if the employee is on probationary status, or for a period of 39 months if the employee is on permanent status. When the employee is medically able, during the 24- or 39-month period, the certificated employee shall be returned to employment in a position for which he or she is credentialed and qualified. The 24-month or 39-month period shall commence at the expiration of the five-month period provided pursuant to Section 44977. (Added by Stats. 1998, Ch. 30, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44978.2. Source version: id_86f68b47-fcd8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) (1) In addition to any other entitlement for leave of absence for illness or injury with pay, a certificated employee hired on or after, or employed on or after, January 1, 2017, who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs, shall be entitled to leave of absence for illness or injury with pay of up to 10 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability. (2) Credit for leave of absence for illness or injury granted under this subdivision shall be credited to a qualifying certificated employee on the effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying certificated employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment. (3) Notwithstanding paragraph (2), credit for leave of absence for illness or injury granted under this subdivision shall be credited to a certificated employee on the date the employee receives confirmation of submission of his or her disability application to the United States Department of Veterans Affairs. When the certificated employee receives his or her disability rating decision from the United States Department of Veterans Affairs, the employee shall report that information to the employer. If the certificated employee’s disability rating decision makes the employee ineligible pursuant to paragraph (1), the employer may change the leave of absence for illness or injury time used before the disability rating decision to an alternative leave balance. If the certificated employee’s disability rating decision makes the employee eligible pursuant to paragraph (1), the employee shall be entitled to 10 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability minus the time used before the disability rating decision, for the 12-month period beginning with the confirmation of submission of his or her disability application. (4) Leave of absence for illness or injury credited pursuant to this subdivision that is not used during the 12-month period shall not be carried over and shall be forfeited. (5) Submission of satisfactory proof that a leave of absence for illness or injury granted under this subdivision is used for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district. (b) A certificated employee, as described in subdivision (a), employed less than five days per week, shall be entitled to that proportion of 10 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of days he or she is employed per week bears to five. (c) This section shall not be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater leave of absence rights to employees than the rights established under this section. (Amended by Stats. 2018, Ch. 92, Sec. 52. (SB 1289) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44979. Source version: id_cb8699a4-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) A certificated employee of a school district, county office of education, or state special school who has been an employee of that employing entity for a period of one school year or more and who accepts a position requiring certification qualifications with another school district, county office of education, state special school, or community college district shall have the total number of days of leave of absence for illness or injury that the employee has accumulated with the first employing entity pursuant to Section 44978 transferred to the subsequent employing entity. The subsequent employing entity shall honor a transfer request made at any time during the certificated employee’s employment with that school district, community college district, county office of education, or state special school. (b) The former employing school district, county office of education, or state special school shall provide all of the following information in responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity: (1) The name and identification number for the employee requesting the transfer. (2) The contact information for that former employing entity. (3) The time period of the service, including start date and end date, for the employee requesting the transfer. (4) The number of days of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employing entity’s workday. (5) The contact information for the subsequent employing entity. (6) The signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information. (c) A school district, community college district, county office of education, or state special school shall not adopt a policy or rule, written or unwritten, that requires a certificated employee transferring to that school district, community college district, county office of education, or state special school to waive any part or all of the leave of absence that the certificated employee may be entitled to have transferred pursuant to this section. (Amended by Stats. 2024, Ch. 381, Sec. 1. (AB 2134) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44980. Source version: id_d25cef96-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. A certificated employee of any school district or state special school who accepts a position requiring certification qualifications in the office of any county superintendent of schools; or, any certificated employee of any county superintendent of schools who accepts a position requiring certification qualifications in a school district, state special school, or office of another county superintendent of schools; or, any person employed by the department in a position requiring certification qualifications or an employee of the office of the Chancellor of the California Community Colleges who accepts a position requiring certification qualifications in any school district, state special school, or office of any county superintendent of schools; or, any certificated employee of the Commission on Teacher Credentialing who accepts a position requiring certification qualifications in any school district, state special school, or office of any county superintendent of schools; shall have transferred with the employee to the second position the employee’s accumulated total number of days of leave of absence for illness or injury. The amount of leave to be transferred shall be determined in the same manner as provided in Section 44979. All other provisions of Section 44979 shall also apply to the employees and employers described in this section. (Amended by Stats. 2024, Ch. 381, Sec. 2. (AB 2134) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44981. Source version: id_d5ae06ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Any days of leave of absence for illness or injury allowed pursuant to Section 44978 may be used by the employee, at his or her election in cases of personal necessity. The governing board of each school district and each office of county superintendent of schools shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section. The employee shall not be required to secure advance permission for leave taken for any of the following reasons: (1) Death or serious illness of a member of his or her immediate family. (2) Accident, involving his or her person or property, or the person or property of a member of his or her immediate family. No such accumulated leave in excess of seven (7) days may be used in any school year for the purposes enumerated in this section unless a maximum number of days in excess of seven (7) is specified for that purpose in an agreement between the exclusive bargaining representative and the district. (Amended by Stats. 1991, Ch. 123, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44982. Source version: id_d9579668-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. A person employed by a school district, county superintendent of schools, or state special school in a position requiring certification qualifications who accepts a professional education position in the department, the appointment that is, or is intended to become, permanent, shall have transferred with the employee to the department the employee’s accumulated total number of days of leave of absence for illness or injury. The amount of that leave to be transferred shall be determined in the same manner as provided in Section 44979, except the transferred accumulated sick leave shall not exceed that amount of accumulated sick leave that the person would have earned as an employee in the system to which the employee is transferring. All other provisions of Section 44979 shall also apply to the employees and employers described in this section. (Amended by Stats. 2024, Ch. 381, Sec. 3. (AB 2134) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44983. Source version: id_d5ae06f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Section 44977 shall not apply to any school district which adopts and maintains in effect a rule which provides that when a person employed in a position requiring certification qualifications is absent from his duties on account of illness or accident for a period of five school months or less whether or not the absence arises out of or in the course of the employment of the employee, he shall receive 50 percent or more of his regular salary during the period of such absence and nothing in Section 44977 shall be construed as preventing the governing board of any district from adopting any such rule. Notwithstanding the foregoing, when a person employed in a position requiring certification qualifications is absent from his duties on account of illness for a period of more than five school months, or when a person is absent from his duties for a cause other than illness, the amount deducted from the salary due him for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. Such rules and regulations shall not conflict with rules and regulations of the State Board of Education. Nothing in this section shall be construed so as to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for persons requiring certification qualifications. This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44984. Source version: id_be7d633c-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) The governing board of a school district shall provide by rules and regulations for industrial accident and illness leaves of absence for all certificated employees. The governing board of a school district that is created or whose boundaries or status is changed by an action to organize or reorganize school districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the school district becomes effective for all purposes. (b) The rules or regulations shall include the following provisions: (1) Allowable leave shall be for not less than 60 days during which the schools of the school district are required to be in session or when the employee would otherwise have been performing work for the school district in any one fiscal year for the same accident. (2) Allowable leave shall not be accumulated from year to year. (3) Industrial accident or illness leave shall commence on the first day of absence. (4) (A) If a certificated employee is absent from his or her duties on account of an industrial accident or illness, he or she shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment to him or her of not more than his or her full salary. (B) The phrase “full salary” as used in this subdivision shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is used in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. (5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. (6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury. (c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 44977, 44978, and 44983, and for purposes of each of these sections, the employee’s absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, the employee may elect to take as much of his or her accumulated sick leave as, when added to his or her temporary disability indemnity, will result in a payment to him or her of not more than his or her full salary. (d) The governing board of a school district may, by rule or regulation, provide for an additional leave of absence for industrial accident or illness as it deems appropriate. (e) During a paid leave of absence, the employee may endorse to the school district the temporary disability indemnity checks received on account of the employee’s industrial accident or illness. The school district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants. (f) In the absence of rules and regulations adopted by the governing board of a school district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of that leave. (Amended by Stats. 2016, Ch. 86, Sec. 62. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44985. Source version: id_d5af8d97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Every person employed by a school district in a position requiring certification qualifications is entitled to a leave of absence, not to exceed three days, or five days if out-of-state travel is required, on account of the death of any member of his immediate family. No deduction shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other sections of this code or provided by the governing board of the district. The governing board may enlarge the benefits of this section and may expand the class of relatives listed below as members of the immediate family. Members of the immediate family, as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44986. Source version: id_d5af8d99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) The governing board of a school district may grant a leave of absence to any certificated employee who has applied for disability benefits, not to exceed 30 days beyond final determination of the employee’s eligibility for disability benefits by the State Teachers’ Retirement System. If the employee is determined to be eligible for the disability benefits by the system, that leave shall be extended for the term of disability, but not more than 39 months. (b) (1) Governing boards of school districts shall classify as temporary employees those persons employed to fill vacancies caused by the absence of certificated employees who are classified as permanent and are receiving a disability or insurance allowance or benefit from the system or from a group insurance plan for which the employer is paying the cost or deducting the cost from the employees’ salaries. (2) For purposes of this section, the term of employment of the temporary employee shall be equal to the number of days of absence of the employee receiving the disability benefit. (3) If the term of employment extends beyond this period, the employee shall be credited for all days served as a probationary employee. (Amended by Stats. 1993, Ch. 1144, Sec. 15. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44986.1. Source version: id_d5b1143d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Any member for whom the employer makes application for a disability benefit and whom the State Teachers’ Retirement System finds not to be disabled under this chapter, shall be reinstated to the former position upon receipt by the employer of notification from the system of the denial of the disability benefit. (Amended by Stats. 1993, Ch. 1144, Sec. 16. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44987. Source version: id_bb06cc31-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) (1) The governing board of a school district shall grant to any employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of any local school district public employee organization, or any statewide or national public employee organization with which the local organization is affiliated. (2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the school district as employer. The required employer contribution rate shall be the rate adopted by the Teachers’ Retirement Board as a plan amendment with respect to the Defined Benefit Program as provided in Section 22711. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by Section 22711. Any employee who serves as a full-time officer of a public employee organization is not eligible for disability benefits under the State Teachers’ Retirement Plan while on the leave of absence. (3) Following the school district’s payment of the employee for the leave of absence, the school district shall be reimbursed by the employee organization of which the employee is an elected officer for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the school district’s certification of payment of compensation to the employee. (4) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code. The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement. (5) For purposes of this section, “school district” also means “county superintendent of schools.” (b) (1) An employee who after August 31, 1978, was absent on account of elected-officer service, shall receive full service credit in the State Teachers’ Retirement Plan, provided that both of the following conditions are met: (A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service. (B) The employee organization of which the member is an elected officer pays to the member’s employer an amount equal to the required State Teachers’ Retirement Plan member and employer retirement contributions, including regular interest on the balance of contributions due to the State Teachers’ Retirement System, calculated from the date the contributions would have been due when the elected-officer service was performed to the date payment is received by the State Teachers’ Retirement System, compounded daily based on the regular interest rate in effect the day the payment is received by the State Teachers’ Retirement System, as prescribed by this section. (2) The school district, following this written request and payment, shall transmit the amount received to the State Teachers’ Retirement System, informing it of the period of the employee’s leave of absence. The State Teachers’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence. (3) If the employee has been compensated by the school district for the period of the service, then, as a condition to the employee’s entitlement to service credit for this period, the school district shall be reimbursed by the employee organization for the amount of the compensation. (c) Notwithstanding any other provisions of law, this section shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1978. (Amended by Stats. 2021, Ch. 539, Sec. 2. (SB 294) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44987.3. Source version: id_0d5622ff-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. (a) The governing board of a school district shall grant to any employee, upon request, a leave of absence without loss of any compensation for the purpose of enabling the employee to serve on any of the following boards, commissions, committees, or groups, so long as the requirements of subdivision (b) are satisfied: (1) Advisory Commission on Special Education, as provided for by Section 33590. (2) Advisory committee for child care and development services, as provided in Section 8286. (3) Curriculum Development and Supplemental Materials Commission, as provided for by Section 33530. (4) Educational Innovation and Planning Commission, as provided for by Section 33502. (5) Educational Management and Evaluation Commission, as provided for by Section 33550. (6) Any other group, commission, or board authorized by statute; or commission or board, any of whose members are appointed by the Governor or the state board; whose purposes and activities are to further public education, exclusive of the Commission on Teacher Credentialing. (b) A leave of absence shall not be granted unless all the following requirements are satisfied: (1) Service is performed in the State of California. (2) The board, commission, committee, or group, in writing, informs the employee’s district of the service. (3) The board, commission, committee, or group agrees, prior to service, to reimburse the school district pursuant to subdivision (d). (c) The leave of absence shall be limited to 20 schooldays per school year. (d) Following the school district’s payment of the employee for the leave of absence, the school district shall be reimbursed by the board, commission, committee, or group that the employee serves for the compensation paid to the employee’s substitute and for actual administrative costs related to the leave of absence granted to the employee under this section, upon written request for reimbursement by the school district. Reimbursement by the board, commission, committee, or group shall be made within 10 days after its receipt of the school district’s certification of payment of compensation to the employee and of payment of compensation to the employee’s substitute. (e) The leave of absence without loss of compensation provided for by this section is in addition to the release time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code and the leave of absence granted employees by Section 44987. (f) As used in this section, “school district” also means a county superintendent of schools. (Amended by Stats. 2009, Ch. 53, Sec. 15. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3. Resignations, Dismissals, and Leaves of Absence [44930 - 44988] SECTION 44988. Source version: id_d5b11443-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3. Prior to July 1 of any school year, the governing board of any school district may designate other days during such year as the holidays to which certificated employees are entitled in lieu of the holidays on February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” or November 11 known as “Veterans Day,” provided that such designated days will provide for at least a three-day weekend. Certificated employees shall be required to work on the regular holiday for which another day is designated pursuant to this section, and for work of eight hours or less, shall be paid compensation at their regular rate of pay. If any certificated employee would be entitled to the regular paid holiday but would not be in a paid status during any portion of the working day immediately preceding or succeeding the day so designated in lieu of such holiday and therefore would not be entitled to such day in lieu of the holiday, he or she shall be entitled to the regular holiday. This section shall not be construed to authorize the maintenance of schools on holidays other than as provided in Article 3 (commencing with Section 37220) of Chapter 2 of Part 22. (Added by Stats. 1980, Ch. 1354, Sec. 47.5. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] SECTION 44990. Source version: id_1a635b79-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3.3. (a) It is the intent of the Legislature in enacting this article to provide an administrative law judge with discretion to employ alternative hearing procedures to protect the rights of a minor witness, the rights of the respondent, and the integrity of the judicial process. In exercising its discretion, the administrative law judge necessarily shall be required to balance the rights of the respondent against the need to protect a minor witness and to preserve the integrity of the truth-finding function. This discretion is intended to be used selectively when the facts and circumstances in an individual case present compelling evidence of the need to use these alternative procedures. (b) As used in this article, the following definitions apply: (1) “Judge” means the administrative law judge presiding over the dismissal or suspension hearing. (2) “Minor” means any person under 18 years of age. (3) “Representative of the respondent” means either counsel for, or an exclusive labor representative of, the respondent. (4) “Respondent” means the party against whom a petition has been filed. (5) “Support person” means an adult attendant, victim advocate, or other witness who is able, because of education, experience, or familiarity with the minor, to ensure that the minor’s mental health, welfare, and well-being are protected. (c) In accordance with Section 44994, this article shall apply only to proceedings brought pursuant to Section 44934.1. (Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] SECTION 44991. Source version: id_a7dcff7f-0c95-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3.3. (a) (1) In an administrative proceeding held pursuant to Section 44934.1 involving an alleged offense involving a minor that meets the definition of egregious misconduct under paragraph (1) of subdivision (a) of Section 44932, counsel for a school district may apply for an order that the minor’s testimony be taken in a room outside the hearing room and be televised by two-way closed-circuit television and bears the burden of proving that such an order is justified. The person seeking such an order shall apply for the order at least seven days before the hearing date, unless the judge finds on the record that the need for such an order was not reasonably foreseeable. (2) The judge may order that the testimony of the minor be taken by closed-circuit television as provided in paragraph (1) if the judge finds that the minor is unable to testify in the hearing room in the presence of the respondent for any of the following reasons: (A) The minor is unable to testify because of emotional distress, established by a written statement of the minor, the minor’s parent or guardian, the minor’s support person, or a mental health professional who has evaluated the minor. (B) There is a substantial likelihood, established by expert testimony, that the minor would suffer emotional distress from testifying. (C) According to expert testimony, the minor suffers from a medical condition, mental condition, or other infirmity. (D) The judge finds that conduct of the respondent or the respondent’s representative causes the minor to be unable to continue testifying. (3) The judge shall rule on the application, and support a ruling on the minor’s inability to testify with findings on the record. In determining whether the impact on an individual minor of one or more of the factors described in paragraph (2) is so substantial as to justify an order under paragraph (1), the judge may question the minor in the judge’s office, or at some comfortable place other than the hearing room, on the record for a reasonable period of time in the presence of the minor’s parent or guardian, the minor’s support person, counsel for the school district, and a representative of the respondent. (4) If the judge orders the taking of testimony by television, counsel for the school district and a representative of the respondent, not including a respondent represented pro se, shall be present in a room outside the hearing room with the minor, and the minor shall be subjected to direct and cross-examination. The following are the only other persons who may be permitted in the room with the minor during the minor’s testimony: (A) Any persons necessary to operate the closed-circuit television equipment. (B) The parent or guardian of the minor. (C) Any other persons whose presence is determined by the judge to be necessary to the welfare and well-being of the minor, including, but not necessarily limited to, a judicial officer or support person. (5) In making the determination required by this subdivision, the judge shall consider the age, maturity, and cognitive ability of the minor, compared with other minors of the same age, the relationship between the minor and the respondent, any handicap or disability of the minor, and the nature of the acts alleged to have been committed by the respondent. The minor’s testimony shall be under oath and transmitted by closed-circuit television into the hearing room for viewing and hearing by the respondent, the judge, and any members of the public in attendance. The respondent shall be provided with the means of private, contemporaneous communication with the respondent’s representative during the testimony. The closed-circuit television transmission shall relay into the room in which the minor is testifying the respondent’s image, and the voice of the judge. (b) (1) In an administrative proceeding held pursuant to Section 44934.1 involving an alleged offense involving a minor that meets the definition of egregious misconduct under paragraph (1) of subdivision (a) of Section 44932, counsel for the school district may apply for an order that a deposition be taken of the minor’s testimony and that the deposition be recorded and preserved on videotape based upon the same criteria that would allow a minor’s testimony to be taken in a room outside the hearing room and be televised by two-way closed-circuit television, as set forth in paragraph (2) of subdivision (a) of this section. Counsel for the school district shall bear the burden of proving that an order applied for under this paragraph is justified in order to be consistent with subdivision (a) of this section. (2) Upon timely receipt of an application described in paragraph (1), the judge shall make a preliminary finding regarding whether the minor is likely to be unable to testify in the hearing room in the physical presence of the respondent, the judge, and the public for any of the reasons set forth in paragraph (2) of subdivision (a). (3) If the judge finds that the minor is likely to be unable to testify in open hearing for any of the reasons set forth in paragraph (2) of subdivision (a), the judge shall order that the minor’s deposition be taken and preserved by videotape. (4) The judge shall preside at the videotaped deposition of a minor, and shall rule on all questions as if at the hearing. The following are the only other persons who shall be permitted to be present at the videotaped deposition: (A) Counsel for the school district. (B) Representative of the respondent. (C) Any persons necessary to operate the videotape equipment. (D) The respondent, unless the judge excludes the respondent from the hearing room pursuant to paragraph (6). (E) The parent or guardian of the minor. (F) Any support person appointed pursuant to Section 44993 to protect the mental health, welfare, and well-being of the minor. (5) The respondent shall be afforded the rights applicable to respondents during trials, including the right to be confronted with the witness against the respondent and the right to cross-examine the minor. (6) If the preliminary finding of inability under paragraph (2) is based on evidence that the minor is unable to testify in the physical presence of the respondent, the judge may order that the respondent, including a respondent represented pro se, be excluded from the room in which the deposition is conducted. If the judge orders that the respondent be excluded from the deposition room, the judge shall order that two-way closed-circuit television equipment relay the respondent’s image into the room in which the minor is testifying, and the minor’s testimony into the room in which the respondent is viewing the proceeding, and that the respondent be provided with a means of private, contemporaneous communication with the respondent’s representative during the deposition. (7) The complete record of the deposition of the minor, including the image and voices of all persons who in any way participate in the deposition, shall be made and preserved on videotape in addition to being stenographically recorded. The videotape shall be transmitted to the judge’s office, and shall be made available for viewing by counsel for the school district, representative of the respondent, and the respondent during ordinary business hours. (8) If at the time of the hearing, the judge finds that the minor is unavailable or unable to testify in open hearing for a reason described in paragraph (2) of subdivision (a), the judge may admit into evidence the minor’s videotaped deposition in lieu of the minor’s testifying at the hearing. The judge shall support any ruling made pursuant to this paragraph with findings on the record. (9) Upon timely receipt of notice that new evidence has been discovered after the original videotaping and before or during the hearing, the judge, for good cause shown, may order an additional videotaped deposition. The testimony of the minor shall be restricted to the matters specified by the judge as the basis for granting the order. (10) In connection with the taking of a videotaped deposition under this subdivision, the judge may enter a protective order for the purpose of protecting the privacy of the minor. (Amended by Stats. 2019, Ch. 497, Sec. 56. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] SECTION 44992. Source version: id_1a63a99d-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3.3. (a) With a witness under 18 years of age, or a dependent person with a substantial cognitive impairment, the judge shall take special care to protect the witness from undue harassment or embarrassment, and to restrict the unnecessary repetition of questions. The judge shall also take special care to ensure that questions are stated in a form that is appropriate to the age, maturity, or cognitive level of the witness. The judge may, in the interests of justice, on objection by a party, forbid the asking of a question that is in a form that is not reasonably likely to be understood by a person of the age, maturity, or cognitive level of the witness. (b) When a minor testifies, the judge may order the exclusion from the hearing room of all persons, including members of the press, who do not have a direct interest in the case. This order may be made if the judge determines, on the record, that requiring the minor to testify in the open hearing room would cause substantial psychological harm to the minor or would result in the minor’s inability to effectively communicate. Such an order shall be narrowly tailored to serve the specific compelling interest of the school district. (Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] SECTION 44993. Source version: id_1a63a99f-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3.3. (a) (1) A support person selected by the minor witness shall be appointed for the minor witness at the onset of the hearing, unless that person does not have the education, experience, and familiarity with the minor witness to protect the minor’s mental health, welfare, and well-being. A parent or guardian of the minor witness shall be presumed to be qualified to serve as the support person for the minor. (2) If the minor witness does not make a selection, or does not select a person who is able, because of education, experience, or familiarity with the minor, to ensure that the minor’s mental health, welfare, and well-being are protected, or the judge determines that the minor’s parent or guardian is not qualified to serve as the support person for the minor witness, the judge shall select and appoint a support person for the minor. The support person shall be present during all stages of the hearing to provide support to the minor. (b) If the respondent wants to contact the minor witness, the respondent shall contact the support person to coordinate any legal contact, including, but not necessarily limited to, an interview, deposition, or other hearing preparation task. (c) The respondent may not use a private investigator or similar professional to make contact with the minor. (d) The judge, at his or her discretion, may allow the support person to remain in close physical proximity to or in contact with the minor while the minor testifies. A support person shall not provide the minor with an answer to any question directed to the minor during the course of the minor’s testimony or otherwise prompt the minor. (e) A support person appointed by the judge shall assist the minor to express the minor’s views concerning the personal consequences of the minor’s victimization, at a level and in a form of communication commensurate with the minor’s age, maturity, and cognitive ability. (f) Notwithstanding subdivision (a), a support person may, but need not, be assigned to a minor witness if that minor witness was not a direct victim of the alleged egregious misconduct. (Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 3.3. Testimony of Minor Witnesses at Dismissal or Suspension Hearings [44990 - 44994] SECTION 44994. Source version: id_1a63a9a1-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=3.3. This article shall apply to a hearing conducted by an administrative law judge in any dismissal or suspension hearing held pursuant to Section 44934.1 involving an alleged offense involving a minor that meets the definition of egregious misconduct pursuant to paragraph (1) of subdivision (a) of Section 44932. (Added by Stats. 2018, Ch. 996, Sec. 1. (AB 2234) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 4. Increased Cost of Dismissal Procedure [45020- 45020.] SECTION 45020. Source version: id_d5b42187-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=4. The amount determined pursuant to subdivision (g) of Section 42233 shall be adjusted to allow for any increased costs to a school district which may be incurred by it in carrying out the requirements imposed by the amendments made to Section 44949 by the act enacting this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45022. Source version: id_d5b4218b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. The governing board of any school district shall fix and order paid the compensation of persons in public school service requiring certification qualifications employed by the board unless otherwise prescribed by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45023. Source version: id_d5b4218d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. The governing board of each school district shall adopt and cause to be printed and made available to each certificated employee a schedule of salaries to be paid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45023.5. Source version: id_d5b755e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. If compensation is provided to certificated employees of any elementary, high, or unified school district for a work assignment which is not part of the contracted instructional day duties, like compensation, whether paid on an hourly or monthly basis, or on a flat rate basis or otherwise, shall be paid to all certificated employees of the district who perform like work with comparable responsibilities. Under no condition shall certificated employees who are working comparable hours and responsibilities beyond the instructional day be paid differently based on the employee’s sex. Nothing in this section shall be construed as prohibiting a school district from establishing a salary schedule based on experience for persons who are employed for such work. Nothing in this section shall be construed as requiring a district to compensate certificated employees for work assignments which are not part of the contracted instructional day duties simply because other employees of the district receive compensation for work assignments which involve different types of service. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45024. Source version: id_d5b755e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Every person employed by the district in a position requiring certification qualifications in a day school of the district for not less than the minimum schoolday for each day the schools of the district are maintained during the school year is a full-time employee and his compensation shall be fixed accordingly. Governing boards may require persons employed in positions requiring certification qualifications to serve a longer period time in each schoolday than the minimums defined in Sections 46112 to 46116, inclusive, and 46141, in order to be compensated as full-time employees, provided all such employees in similar grades or levels are similarly required to serve such longer periods of time, and provided that the duties required of such persons during such extended time shall be directly related to and restricted to their normal assignment. With respect to a unified school district, for the purposes of this section all day kindergarten and elementary schools of the unified school district shall be deemed to be maintained by one district and all day high schools of the unified school district shall be deemed to be maintained by a second and separate district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45025. Source version: id_d5b755e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Any person employed by a district in a position requiring certification qualifications who serves less than the minimum schoolday as defined in Sections 46112 to 46116, inclusive, or 46141 may specifically contract to serve as a part-time employee. In fixing the compensation of part-time employees, governing boards shall provide an amount which bears the same ratio to the amount provided full-time employees as the time actually served by such part-time employees bears to the time actually served by full-time employees of the same grade or assignment. This section shall not apply to any person classified as a temporary employee under Sections 44919 and 44888, or any person employed as a part-time employee above and beyond his employment as a full-time employee in the same school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45028. Source version: id_75c52252-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) (1) Effective July 1, 1970, each person employed by a school district in a position requiring certification qualifications, except a person employed in a position requiring administrative or supervisory credentials, shall be classified on the salary schedule on the basis of uniform allowance for years of training and years of experience, except if a public school employer and the exclusive representative negotiate and mutually agree to a salary schedule based on criteria other than a uniform allowance for years of training and years of experience pursuant to Chapter 10.7 (commencing with Section 3540) of the Government Code. Employees shall not be placed in different classifications on the schedule, nor paid different salaries, solely on the basis of the respective grade levels in which such employees serve. (2) In no case shall the governing board of a school district draw orders for the salary of any teacher in violation of this section, nor shall any superintendent draw any requisition for the salary of any teacher in violation thereof. (3) This section shall not apply to teachers of special day and evening classes in elementary schools, teachers of special classes for elementary pupils, teachers of special day and evening high school classes and substitute teachers. (b) (1) It is not a violation of the uniformity requirement of this section for a school district, with the agreement of the exclusive representative of certificated employees, if any, to grant any employee hired after a locally specified date differential credit for prior years of experience or prior units of credit for purposes of initial placement on the salary schedule of the district. (2) This subdivision is declaratory of existing law. (c) A public school employer and the exclusive representative of credentialed teachers may jointly apply to the Superintendent for technical assistance and planning grant funding to facilitate the planning of a salary schedule for teachers based on criteria in addition to years of training and years of experience, as described in subdivision (a). The Superintendent may make planning grants from funds appropriated for this purpose in the annual Budget Act or other legislation. (d) To be eligible for grant funding pursuant to subdivision (c), the public school employer and the exclusive representative of credentialed teachers should consider a salary schedule designed to compensate teachers for the additional responsibilities, time, and effort required to serve in challenging school settings, and reward teachers for professional growth tied to their particular assignments. (e) Public school employers and exclusive representatives of credentialed teachers are encouraged to recognize teacher contributions to improving pupil achievement, provide incentives to teachers to accept teaching assignments in areas of highest need, and recognize relevant professional experience on the salary schedule in lieu of units and degrees or in lieu of teaching experience. (Amended by Stats. 2006, Ch. 517, Sec. 29. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45029. Source version: id_d5b8dc8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Teachers in an opportunity school or opportunity classes shall be paid in the same manner as in other elementary schools of the city, city and county, or the school district in which the opportunity school or opportunity classes are situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45030. Source version: id_d5b8dc8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. The governing board of any school district may employ such substitute employees of the district as it deems necessary and shall adopt and make public a salary schedule setting the daily or pay period rate or rates for substitute employees. This section shall not be construed as modifying or repealing any law fixing a minimum annual salary for employees of district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45031. Source version: id_d5b8dc8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. The salaries of home teachers shall be paid from the city or district special school funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45032. Source version: id_d5b8dc91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. The governing board of a school district may at any time during any school year increase the salaries of persons employed by the district in positions requiring certification qualifications, such increase to be effective on any date ordered by the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45033. Source version: id_d5b8dc93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. The governing board of any school district shall not decrease the annual salary of a person employed by the district in a position requiring certification qualifications for failure to meet any requirement of the district that such person complete additional educational units, course of study, or work in any college or university or any equivalent thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45034. Source version: id_d5ba6335-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. No order for a warrant, and no warrant drawn pursuant to Section 42647, shall be drawn in favor of any person employed in a position requiring certification qualifications, unless such person is at the time the holder of a proper certification document in full force for the full time for which the requisition or warrant, as the case may be, is drawn, and on file or registered as required by law at the time and unless he is employed by the governing board of the unified school district, or district with over 10,000 average daily attendance or by the county superintendent of schools as provided in this code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45035. Source version: id_d5ba6337-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. If any school district fails to pay the salary of any person employed by it in a position requiring certification qualifications who has on file a contract of employment held valid by the legal adviser of the county superintendent of schools having jurisdiction over the district, such county superintendent of schools may transfer sufficient money from the funds of the district to the county school service fund and pay such salary from such fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45036. Source version: id_e04544ea-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) Whenever, on or after September 15, 1961, a person has rendered service in a position requiring certification qualifications, or the governing board of a school district has employed a person in a position requiring certification qualifications, or the county superintendent of schools has drawn an order for a warrant in favor of a person in a position requiring certification qualifications, for a period of service during which the person did not have a valid credential required for that position in force as required by law, and when as a result of that the employment of the person to render that service, the rendering of that service, the inclusion of the attendance of pupils taught by the person in the average daily attendance of the school district, or the drawing of the order warrant for the service of that person, is in violation of Section 46300, 44830, 45034, or any other provision of this code, that employment, rendering of service, inclusion of attendance, or drawing of the order for the warrant shall be deemed fully legal for all purposes if the commission approves the rendering of the service in accordance with this section. (b) The commission shall adopt rules and regulations to establish procedures for a review in these cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the commission gives its approval to the rendering of the service, then the employment, inclusion of attendance, and drawing of the order for the warrant shall be automatically approved and made fully legal for all purposes. (c) The commission shall not approve of the rendering of the service unless it determines that the person rendering the service had, in fact, the necessary qualifications, during the period of service in question, for the credential required by law for the position in which the service was rendered, and unless a valid credential required for the position has been issued to the person before the review and action by the commission. (Amended by Stats. 2024, Ch. 471, Sec. 23. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45037. Source version: id_59e14a08-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) Except as provided in Section 45036, for a fiscal year in which a person renders service as a teacher in kindergarten or any of grades 1 to 12, inclusive, who does not have a valid credential or certification document, as those terms are defined in Sections 44002 and 44007, or for a charter school, as described in subdivision (l) of Section 47605 or subdivision (l) of Section 47605.6, the school district, county office of education, or charter school that the person is employed by shall be assessed a penalty that shall be calculated as provided in subdivision (b) and withheld from state funding otherwise due to the school district, county office of education, or charter school. (1) Notwithstanding Sections 46300 and 47612.5, the attendance of the noncertificated person’s pupils during the period of service shall be included in the computation of average daily attendance. (2) The noncertificated person’s period of service shall not be excluded from the determination of eligibility for instruction time pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26 of Division 4, or, for a charter school, pursuant to Section 47612.5. (b) (1) For each person who rendered service in the employment of the school district, county office of education, or charter school as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, add the total number of schooldays on which the person rendered any amount of the service. (2) For each person who rendered service in the employment of the school district, county office of education, or charter school as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, for a period of service during which the person did not have a valid certification document, add the number of schooldays on which the person rendered any amount of the service without a valid certification document. (3) Divide the number determined in paragraph (2) by the number determined in paragraph (1) and carry the result to four decimal places. (4) Multiply a school district’s or charter school’s local control funding formula grant apportionment for the fiscal year, calculated pursuant to Section 42238.02, as implemented by Section 42238.03, or a county office of education’s local control funding formula alternative education grant computed pursuant to Section 2574, as apportioned pursuant to Section 2575, for the fiscal year, for the program in which the noncertificated person rendered service by the number determined in paragraph (3). (c) If a county office of education releases a warrant in favor of a person for whom a period of school district service is included in the calculation set forth in paragraph (2) of subdivision (b), and the warrant is either compensation for employment as a teacher or for employment in some other capacity if the county office of education has direct knowledge or is in possession of information giving rise to a reasonable inference that the person is rendering service as a teacher, the county office of education shall be assessed a penalty. The penalty assessed to a county office of education for any fiscal year in which one or more school district teachers did not have a valid certification document shall be equal to the lesser of three amounts as follows: (1) Fifty percent of all penalties assessed for that fiscal year to all school districts in the county office of education’s jurisdiction pursuant to subdivision (b). (2) One-half percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office of education’s county school service fund, when two or fewer school districts in the county office of education’s jurisdiction are subject to penalties pursuant to subdivision (b). (3) One percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office of education’s county school service fund, when three or more school districts in the county office of education’s jurisdiction are subject to penalties pursuant to subdivision (b). (d) Except as provided in Section 41344.1, nothing in this section may be waived in whole or in part. (Amended by Stats. 2026, Ch. 65, Sec. 80. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45038. Source version: id_0cab0803-7be3-11dc-81f0-a8b3f580f5ef Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) The governing board of a school district or charter school may arrange to pay the persons in positions requiring certification qualifications employed by it, or any one or more of those employees or one or more groups or categories of those employees, in either 10, 11, or 12 equal payments instead of by the school month. (b) In lieu of the arrangement in subdivision (a), orders for the payment of salary, and payroll orders for the payment of salary and warrants for the payment of salary of employees employed in positions requiring certification qualifications may be drawn once each two weeks, twice a month, or once each four weeks as determined by the governing board. (Amended by Stats. 2007, Ch. 524, Sec. 1. Effective October 12, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45039. Source version: id_0cfb71f5-7be3-11dc-81f0-a8b3f580f5ef Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. If the governing board of a school district or charter school arranges to pay persons employed by it in 12 equal payments for the year, it may pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during the month. (Amended by Stats. 2007, Ch. 524, Sec. 2. Effective October 12, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45040. Source version: id_0d4e73f7-7be3-11dc-81f0-a8b3f580f5ef Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) The governing board of a school district or charter school not paying the annual salaries of persons employed by the district or charter school in 12 equal monthly payments may withhold from each payment made to each employee an amount equal to 162/3 percent thereof. (b) The total of the amounts deducted from the salary of an employee during a school year shall be paid to him or her in two equal installments, one installment to be paid not later than the fifth day of August next succeeding, and one installment to be paid not later than the fifth day of September next succeeding. (c) If an employee leaves the service of the district or charter school by death or otherwise before receiving the moneys that may be due him or her, the amount due him or her shall be paid within 30 days to him or her or to any other person entitled to those moneys by law. (Amended by Stats. 2007, Ch. 524, Sec. 3. Effective October 12, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45041. Source version: id_d5bbe9e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. A person in a position requiring certification qualifications who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days he serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district. Notwithstanding any provisions of this section to the contrary, a person in a position requiring certification qualifications who serves a complete semester shall receive not less than one-half of the established annual salary for the position. This section shall not be so construed as to prevent the payment of compensation to a person while on leave of absence when the payment of the compensation is authorized by law. In the event any such person dies during the school year, his estate shall be entitled to receive, as salary owed to the decedent, an amount that bears the same ratio to the established annual salary for the position as the number of working days he served bears to the total number of working days plus institutes in the annual school term, and any other day when the employee was required by the governing board to be present at the schools of the district, less any salary paid to the decedent prior to his death. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45042. Source version: id_d5bbe9e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Notwithstanding the provisions of Section 45041, the governing board of a school district may adopt an alternative method of computing the salary received by a person requiring certification qualifications who serves less than a full school year. Such method shall include the deduction from the employee’s regular salary of only that amount actually paid to a substitute or, if a substitute is not employed, the amount which would have been paid to a substitute had a substitute been employed. For the purposes of this section, the amount which would have been paid to a substitute is that amount established by the district in a published salary schedule for substitute employees. Such alternative method shall only be applied upon authorization by the school board based upon individual employee application and shall be limited to no more than five days per school year for each employee. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45043. Source version: id_d5bbe9e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Notwithstanding the provisions of Section 45041 or any other provision of law to the contrary, if a person is employed by a school district in a position requiring certification qualifications at the beginning of the second semester of a school year for services during that semester, the compensation of such employee shall be not less than one-half of the annual compensation for that position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45044. Source version: id_d5bbe9e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Whenever a salary schedule increasing the salaries of its certificated employees is adopted by a school district to be effective at the commencement of the second semester of a school year: (a) The compensation of such employees shall not exceed one-half of the annual compensation for their positions under the former salary schedule for services during the first semester. (b) The compensation of such employees shall not be less than one-half of the annual compensation for their positions under the newly adopted salary schedule for services during the second semester. This section shall not be construed to limit the time at which any salary increase ordered by the governing board shall become effective. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45045. Source version: id_d5bbe9eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. When a school district operates on a year-round schedule pursuant to Chapter 5 (commencing with Section 37600) of Part 22 of this division, the salary of an employee who is employed for the extended school year and who previously had been assigned to a 9- or 10-month teaching position in the same district shall be adjusted in accordance with the ratio of the extension in the number of days expected to be taught by said employee to the number of days expected to be taught by employees in the district in the school year prior to the commencement of year-round operation. A full-time probationary or permanent classroom teacher currently employed by a school district which converts to a continuous school program shall not, without his written consent, be required to teach under such program more than 180 days during a school year, or more than the number of days the schools of the district were maintained during the year preceding implementation of the continuous school program, whichever is the greater. This section shall not be construed as limiting the power of school district governing boards to govern the schools of the district, including the assignment of teachers employed by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45046. Source version: id_d5bd708d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Except as otherwise provided in Section 45045, the governing board of a school district in which a continuous school program is in operation pursuant to Chapter 5 (commencing with Section 37600) of Part 22 of this division, but in fewer than all of the schools in the district or with fewer than all of the certificated employees participating therein, and in which revised salary schedules become effective on a date other than July 1, may adjust the salaries of certificated employees participating in the continuous school program so that the total amount payable to each such employee in a school year does not differ from the salary which would be payable to him over such a period if he were not participating in the program. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45047. Source version: id_d5bd708f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Service on a commission on professional competence pursuant to Section 44944, in the employing school district or in some other district, by a person employed by a district in a position requiring certification qualifications shall not be considered time off job with respect to Section 45041. Neither the amount paid to a substitute required to be hired to replace such a person serving on a commission on professional competence pursuant to Section 44945 in the employing school district or in some other district nor the amount which would have been paid to a substitute had a substitute been employed, shall be deducted from the person’s salary pursuant to Section 45042. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45048. Source version: id_d5bd7091-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) Each salary payment for any calendar month may be made on the last working day of the month and shall be paid not earlier than the last working day of the month and not later than the fifth day of the succeeding calendar month except that teachers employed for less than full time in classes for adults, in a day or evening high school, or in a special day or evening class maintained in connection with an elementary school shall be paid on or before the 10th day of the succeeding calendar month for services performed during the preceding calendar month. (b) If the school district provides for the payment of the salary of employees employed in positions requiring certification qualifications once each two weeks, twice a month, or once each four weeks, pursuant to Section 45038, each salary payment may be made on the last working day of the regular payroll period and shall be made not earlier than the last working day of the regular payroll period and not later than the eighth working day of the following regular payroll period. (c) If a salary payment is not made timely as required by this section, the amount of the salary payment due shall be increased by an amount of interest on the unpaid amount for each day of delay. (d) A certificated employee of a school district who qualifies for a salary increase shall be paid the increased salary not later than three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the school district does not pay the employee his or her salary increase within three regular pay periods or three months, whichever period is longer, after the employee files proper documentation where required for the salary increase. All amounts due the employee resulting from the salary increase and not paid to the employee at the time that the employee actually receives the salary increase shall be paid to the employee within 20 business days of the date that the employee actually received the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the district does not pay the employee all amounts due the employee resulting from the salary increase within 20 business days following the date that the employee actually received the salary increase. (e) The amount of interest required by subdivisions (c) and (d) shall be determined by the method established in Section 19521 of the Revenue and Taxation Code. (f) This section shall not prohibit a school district from making a payment of earned salary before the last working day of the month or regular payroll period. (Amended by Stats. 1999, Ch. 287, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45049. Source version: id_d5bd7093-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) When any school district employs a certificated employee to perform teaching or other services in addition to his or her regular teaching duties, or when a school district employs a certificated employee to perform teaching or other services at a summer school maintained by the district, the district shall pay the employee for the services either in one lump sum or at an hourly, daily, biweekly, quadriweekly, or monthly rate of pay. If the pay is in one lump sum, the district shall pay the employee within 10 days after the termination of the services. If the pay is at an hourly, daily, biweekly, quadriweekly or monthly rate, the district shall pay the employee within 10 days after the end of each calendar month or regular pay period during which the services are performed. (b) If a salary payment is not made timely as required by this section, the amount of the salary payment due shall be increased by an amount of interest on the unpaid amount for each day of delay. (c) A certificated employee of a school district who qualifies for a salary increase shall be paid the increased salary not later than three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the school district does not pay the employee his or her salary increase within three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. All amounts due the employee resulting from the salary increase and not paid to the employee at the time that the employee actually receives the salary increase shall be paid to the employee within 20 business days of the date that the employee actually received the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the district does not pay the employee all amounts due the employee resulting from the salary increase within 20 business days following the date that the employee actually received the salary increase. (d) The amount of interest required by subdivisions (b) and (c) shall be determined by the method established in Section 19521 of the Revenue and Taxation Code. (Amended by Stats. 1999, Ch. 287, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45050. Source version: id_d5bd7095-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Instead of issuing a single warrant to each employee for salary or wages the district may use a payroll form of warrant making payment to two or more employees on one payroll warrant. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45051. Source version: id_d5bef737-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. When the payroll form of warrant is used, the approved and allowed payroll warrant shall be deposited with the county treasurer, who shall make payment to the employee or his order. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45052. Source version: id_d5bef739-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. When the payroll form of warrant is used the name of each employee shall be listed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45055. Source version: id_d5bef73b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Except as otherwise provided in this code, no warrant shall be drawn in favor of any teacher, unless the officer whose duty it is to draw the warrant is satisfied that the teacher has faithfully performed all the duties prescribed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45056. Source version: id_d5bef73d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Whenever a person is employed by two or more districts under the jurisdiction of a single county superintendent of schools, the governing boards of the districts may authorize, in writing, the county superintendent of schools to act as their agent in the payment of the salaries due such person from the districts. If such authorization is given, the county superintendent of schools may draw a warrant on the county school service fund in payment of the total salaries due such person and shall immediately draw requisitions in favor of the county school service fund against the proper funds of each district for the amount paid by him to such person on account of such district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45057. Source version: id_d5c07ddf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. The salary payment due a certificated employee for his last month of service in any district during any fiscal year shall not be approved by the county superintendent of schools until all reports required from the employee have been filed with the superintendent. Such payment shall be made within 10 calendar days after the filing of all such reports if after the regular payday or the last month of service. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45058. Source version: id_d5c07de1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. Whenever reports are required to be filed with the county superintendent of schools by certificated employees of districts authorized to issue warrants under the provision of Section 42647 and such reports have not been filed, the county superintendent of schools may direct the district in writing to withhold the salary payment due the certificated employee involved. Said payment should not be released to the certificated employee until directed in writing by the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45059. Source version: id_d5c07de3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. For the purposes of Military and Veterans Code Section 395 or any other provision of law providing for the payment of salary or compensation as such employee to an employee of a school district while absent from duty because engaged in ordered military or naval duty, his salary or compensation as such employee for 30 days shall (a) with respect to an employee serving in a position requiring certification qualifications be deemed to be one-tenth of the annual salary established for such position and (b) with respect to an employee serving in a position not requiring certification qualifications be deemed to be one month’s salary. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45060. Source version: id_9d29d3fe-8395-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) Except as provided in Section 45061, the governing board of each public school employer, when drawing an order for the salary payment due to a certificated employee of the employer, shall reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for the purpose of paying the dues of the employee for membership in any local professional organization or in any statewide professional organization, or in any other professional organization affiliated or otherwise connected with a statewide professional organization which authorizes the statewide organization to receive membership dues on its behalf, or to deduct for the purpose of paying dues in, or for any other service, program, or committee provided or sponsored by, any certified or recognized employee organization, of which the employee is a bargaining unit member, whose membership consists, in whole or in part, of employees of the public school employer, and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of the employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. (b) Unless otherwise provided in an agreement negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board shall, no later than the 10th day of each pay period for certificated employees, draw its order upon the funds of the employer in favor of the organization designated by the employee for an amount equal to the total of the dues or other deductions made with respect to that organization for the previous pay period and shall transmit the total amount to that organization no later than the 15th day of each pay period for certificated employees. When timely transmittal of dues or other payments by a county is necessary for a public school employer to comply with the provisions of this section, the county shall act in a timely manner. The governing board may deduct from the amount transmitted to the organization on whose account the dues or other payments were deducted the actual reasonable costs of making the deduction. (c) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. Whenever there is a change in the amount required for the payment to the organization, the employee organization shall provide the employee with adequate and necessary data on the change at a time sufficiently prior to the effective date of the change to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the terms of the written authorization. The employee organization shall provide the public school employer with notification of the change at a time sufficiently prior to the effective date of the change to allow the employer an opportunity to make the necessary adjustments and with a copy of the notification of the change which has been sent to all concerned employees. (d) The governing board shall not require the completion of a new deduction authorization when a dues or other change has been effected or at any other time without the express approval of the concerned employee organization. (e) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on that information. (f) A certified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a public school employer a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on its notification. (Amended by Stats. 2018, Ch. 53, Sec. 1. (SB 866) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45061. Source version: id_d5c20487-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. The governing board of each school district when drawing an order for the salary or wage payment due to a certificated employee of the district shall, with or without charge, reduce the order for the payment of service fees to the certified or recognized organization as required by an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having such service fees deducted from the salary or wage order. If the employees of a district do not authorize the board to make a deduction to pay their pro rata share of the costs of making deductions for the payment of service fees to the certificated or recognized organization, the board shall deduct from the amount transmitted to the organization on whose account the payments were deducted the actual costs, if any, of making the deduction. No charge shall exceed the actual cost to the district of the deduction. These actual costs shall be determined by the board and shall include startup and ongoing costs. (Added by Stats. 1982, Ch. 1148, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 4. Employment—Certificated Employees [44800 - 45061.5] ARTICLE 5. Salaries [45022 - 45061.5] SECTION 45061.5. Source version: id_d5c20489-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=4.&article=5. (a) Notwithstanding any other law, the governing board of a school district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a certificated employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee. (b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section. (2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney fees and costs to the prevailing party if any party to the action requests attorney fees and costs. (c) A school district or county office of education may not request, and the State Board of Education may not grant, a waiver of compliance with this section. (Added by Stats. 2003, Ch. 344, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45100. Source version: id_d5c511cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Article 2 (commencing with Section 10340) of Chapter 4 of Part 7, Articles 1 to 5, inclusive (commencing with Section 45100), Article 7 (commencing with Section 45340), and the applicable provisions of Sections 44047, 44048, Article 1 (commencing with Section 7000) of Chapter 1, Article 1 (commencing with Section 7100) of Chapter 2 of Part 5, Chapter 1 (commencing with Section 44000) shall apply to all classified employees of a school district, including those authorized in Sections 35025, 35041, and 35045, whether a merit or nonmerit system district as authorized by this chapter unless the section specifically limits its application to nonmerit system districts. These provisions shall also apply to all persons who are part of the classified service who are employed by the county superintendent of schools, or any division thereof, and whose salaries are paid out of the county school service fund regardless of the origin of the fund moneys, and to all persons employed by any entity, including a regional occupational center or program, created or established by any two or more school districts pursuant to statute, including Chapter 14 (commencing with Section 7450) of Division 6, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon such districts. These provisions shall not apply to employees of a school district lying wholly within a city and county which provides in its charter for a merit system of employment for employees employed in positions not requiring certification qualifications except that, commencing July 1, 1992, the governing board of that district may adopt a resolution to make these provisions applicable to persons employed as paraprofessionals as defined in Section 44671.5, who have not attained permanent status under the merit system as of that date. The positions authorized in Sections 35025, 35041, and 35045 may, by resolution of a governing board, be exempted from the provisions of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1991, Ch. 287, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45100.5. Source version: id_d5c69871-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) The governing board of a school district may adopt a resolution designating certain positions as senior management of the classified service. Notwithstanding the provisions of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the decision of the governing board shall not be deemed a matter subject to negotiation, but shall be subject to review by the Public Employment Relations Board. (b) Employees whose positions are designated as senior management of the classified service shall be a part of the classified service and shall be afforded all rights, benefits, and burdens of other classified employees, except that they shall be exempt from all provisions relating to obtaining permanent status in a senior management position. (c) Notice of reassignment or dismissal from a position in the senior management of the classified service shall be provided in accordance with the provisions of Section 35031. (Added by Stats. 1983, Ch. 498, Sec. 70. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45101. Source version: id_d5c69873-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Definitions as used in this chapter: (a) “Classification” means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. (b) “Permanent” as used in the phrase “permanent employee” includes tenure in the classification in which the employee passed the required probationary period, and includes all of the incidents of that classification. (c) “Regular” as used in the phrase “regular classified employee” or any similar phrase, refers to a classified employee who has probationary or permanent status. (d) “Demotion” means assignment to an inferior position or status, without the employee’s written voluntary consent. (e) “Disciplinary action” includes any action whereby an employee is deprived of any classification or any incident of any classification in which he has permanence, including dismissal, suspension, demotion, or any reassignment, without his voluntary consent, except a layoff for lack of work or lack of funds. (f) “Reclassification” means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in such position. (g) “Layoff for lack of funds or layoff for lack of work” includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. (h) “Cause” relating to disciplinary actions against classified employees means those grounds for discipline, or offenses, enumerated in the law or the written rules of a public school employer. No disciplinary action may be maintained for any “cause” other than as defined herein. The provisions of this section shall not apply to school districts to which the provisions of Article 6 (commencing with Section 45240) of this chapter are applicable. The provisions of this section shall not apply to any school district which, during the 1973–74 school year, had an average daily attendance of 100,000 or more. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45102. Source version: id_d5c69875-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) For the purposes of this section every classified employee shall be deemed to be employed for 12 months during each school year regardless of the number of months in which he or she is normally in paid status. (b) If, during a school year, it is necessary to assign a regular classified employee to perform an assignment or service in addition to his or her regular assignment, a school district shall pay the classified employee on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the school year, unless the school district has negotiated a contract that allows for a lesser pay scale. A school district shall inform a classified employee of the compensation and benefits of the additional assignment or service before the employee commences the additional assignment or service. (c) A school district that, in any school year, maintains school sessions at times other than during the regular September–June academic year shall assign for service during those times regular classified employees of the district. (d) If it is necessary to assign classified employees not regularly so assigned to serve between the end of one academic year and the commencement of another, that assignment shall be made on the basis of qualifications for employment in each classification of service that is required. (1) A school district may not require a classified employee whose regular yearly assignment for service excludes all, or any part of, the period between the end of the academic year in June to the beginning of the next academic year in September to perform services during that period. (2) A classified employee shall, for services performed as provided in this subdivision, receive, on a pro rata basis, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular academic year. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2003, Ch. 280, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45103. Source version: id_a99403fe-e417-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service. (b) (1) Substitute and short-term employees, employed and paid for less than 75 percent of a school year, shall not be a part of the classified service. (2) Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service. (3) Full-time students employed part time, and part-time students employed part time in any college workstudy program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 and that is financed by state or federal funds, shall not be a part of the classified service. (c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section. (d) As used in this section: (1) “Substitute employee” means a person employed to replace a classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board of the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time. (2) “Short-term employee” means a person who is employed to perform a service for the school district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board of a school district, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of “classification” in subdivision (a) of Section 45101, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year. (3) “Seventy-five percent of a school year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day. (e) Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program, shall not result in the displacement of classified personnel or impair existing contracts for services. (f) This section shall apply only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (Amended by Stats. 2017, Ch. 582, Sec. 1. (AB 670) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45103.1. Source version: id_dcbadd7a-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met: (1) The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the school district, provided that: (A) In comparing costs, there shall be included the school district’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the school district’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the school district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing school district costs that would be directly associated with the contracted function. These continuing school district costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not undercut school district pay rates. (3) The contract does not cause the displacement of school district employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district. (4) The savings shall be large enough to ensure that they will not be eliminated by private sector and district cost fluctuations that could normally be expected during the contracting period. (5) The amount of savings clearly justify the size and duration of the contracting agreement. (6) The contract is awarded through a publicized, competitive bidding process. (7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards. (8) The potential for future economic risk to the school district from potential contractor rate increases is minimal. (9) The contract is with a firm. A “firm” means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship. (10) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the school district. (b) Notwithstanding any other provision of this chapter, personal services contracting shall also be permissible when any of the following conditions can be met: (1) The contract is for new school district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted are not available within the district, cannot be performed satisfactorily by school district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the school district. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The policy, administrative, or legal goals and purposes of the district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary school district hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) The nature of the work is such that the criteria for emergency appointments apply. “Emergency appointment” means an appointment made for a period not to exceed 60 working days either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency employee shall be determined by the district. The frequency of appointment, length of employment, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process. (6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the school district in the location where the services are to be performed. (7) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under the district’s regular or ordinary hiring process would frustrate their very purpose. (c) This section shall apply to all school districts, including districts that have adopted the merit system. (d) This section shall apply to personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor. (Amended by Stats. 2010, Ch. 328, Sec. 43. (SB 1330) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45103.5. Source version: id_d5c9a5bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. All contracts for management consulting services relating to food service shall be governed by this section. (a) Notwithstanding Sections 39902, 45103, 45104, and 45256, any school district may enter into a contract for management consulting services relating to food service for a term not to exceed one year. Any renewal of that contract, or further requests for proposals to provide food service management consulting services, shall be considered on a year-to-year basis. A contract for food service management consulting services shall not cause or result in the elimination of any food service classified personnel or position. A contract for food service management consulting services shall not cause or result in any adverse effect upon any food service classified personnel or position with respect to wages, benefits, or other terms and conditions of employment. (b) A contract made pursuant to subdivision (a) shall not provide for or result in the supervision of food service classified personnel by the food service management consultant. This section shall not be construed to prevent an entity providing food service management consulting services from interacting or consulting with the food service manager or director, supervisors, or food service classified employees of a school district on matters relating to food services except those prohibited by subdivision (a). (c) Sections 45122, 45123, 45124, 45125, 45125.5, and 45126, and any other health criteria established by the school district, are applicable to all persons providing food service management consulting services under this section. (d) This section shall apply to all school districts, including districts that have adopted the merit system. (Added by Stats. 1992, Ch. 826 [Sec. 1]. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45104. Source version: id_d5c9a5bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified service according to the provisions of Section 45103 or 45256 shall be classified as required by those sections and shall be a part of the classified service. Such positions may not be designated as certificated nor shall the assignment of a title to any such a position remove the position from the classified service, nor shall possession of a certification document be made a requirement for employment in any such position. Nothing in this section shall be construed to prohibit the employment of any individual in a position described by this section as part of the classified service who is in possession of certification qualifications, nor shall the possession of certification qualifications be grounds for the elimination of an individual for consideration for employment in such a position. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45104.5. Source version: id_d5c9a5bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. The governing board of a school district may adopt a resolution abolishing any or all positions of the senior management of the classified service. An employee occupying a senior management position abolished by the action shall become a member of the classified or certificated service in a position to which he or she would otherwise be entitled if the employee had not been a member of the senior management of the classified service. If the employee in the senior management of the classified service had been a member of the regular classified or certificated service, he or she shall be entitled to a position which is the same as, or similar to, the position to which he or she holds rights outside of the senior management of the classified service. (Added by Stats. 1983, Ch. 498, Sec. 71. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45105. Source version: id_d5c9a5c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) Positions not requiring certification qualifications created by a governing board of a school district under the Manpower Development and Training Act of 1962, the Economic Opportunity Act of 1964, the Elementary and Secondary Education Act of 1965, or Section 11300 or Section 13650 of the Welfare and Institutions Code, any future federal or state legislative enactment, or any other special funding, and which are not a part of the regular school program shall, nevertheless, be a part of the classified service as established by Section 45103 or 45256. Persons employed in these positions shall be classified employees and shall enjoy all of the rights, burdens and benefits accorded other classified employees. Their selection and retention shall be made on the same basis as that of persons selected for positions that are a part of the regular school program. (b) (1) Notwithstanding subdivision (a), if specially funded positions are restricted to employment of persons in low-income groups, from designated impoverished areas or other criteria which restricts the privilege of all citizens to compete for employment in the positions, all these positions shall, in addition to the regular class title, be classified as “restricted.” Their selection and retention shall be made on the same basis as that of persons selected and retained in positions that are a part of the regular school program, except that persons employed in the following categories of restricted positions shall not be subject to Section 45272 or 45273: (A) The position of instructional aide, as defined in Section 45343. (B) Any other position involving personal contacts with pupils or parents that is established to assist school-staff personnel responsible for school-community relations; educational support services for such areas as counseling, library or health; or the correction or prevention of behavioral problems. (2) Persons employed in positions properly classified as “restricted” shall be classified employees for all purposes except: (A) They shall not be accorded employment permanency under Section 45113 or 45301, whichever is applicable. (B) They shall not acquire seniority credits for the purposes of Sections 45298 and 45308 or, in a district not having the merit (civil service) system, for the purposes of layoff for lack of work or lack of funds as may be established by rule of the governing board. (C) Sections 45287 and 45289 shall not apply to “restricted” employees. (D) They shall not be eligible for promotion into the regular classified service or, in districts that have adopted the merit system, shall not be subject to the provisions of Section 45241, until they have complied with the provisions of subdivision (c). (c) At any time, after completion of six months of satisfactory service, a person serving in a “restricted” position shall be given the opportunity to take qualifying examinations that are required for all other persons serving in the same class in the regular classified service. If the person satisfactorily completes the qualifying examination, regardless of final numerical listing on an eligibility list, he or she shall be accorded full rights, benefits and burdens of any other classified employee serving in the regular classified service. His or her service in the regular classified service shall be counted from the original date of employment in the “restricted” position and shall continue even though he or she continues to serve in a “restricted” position. (d) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (e) It is the intent of the Legislature in enacting this section to clearly set forth that positions normally a part of the classified service are included in the classified service regardless of the source of income to sustain the positions and to effectively implement specially funded programs intended to provide job opportunities for untrained and impoverished persons but to do so in a manner that will not be disruptive nor detrimental to the normal employment procedures relating to classified school service. (Amended by Stats. 2000, Ch. 1, Sec. 1. Effective February 22, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45106. Source version: id_d5cb2c63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding the provisions of Section 45103 or Section 45256, which exempt certain types of positions or categories of personnel from the classified service of a school district, persons serving in exempt positions or who serve in classified positions but are exempted from the classified service shall, nevertheless, be subject to the provisions of Sections 45122 to 45125, inclusive, and Section 49406. The governing board of every school district shall, by rule or regulation, provide for the implementation of this section. The provisions of this section shall not apply to full-time day students regularly attending in the district of employment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45107. Source version: id_d5cb2c65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) The “act” as used in this section shall mean the Federal Emergency Employment Act of 1971 (Public Law 92-54) or any similar federal law hereafter enacted to provide transitional employment in public service positions for unemployed or underemployed persons. (b) Funds derived from the act shall not be expended for work that: (1) would otherwise have been performed at federal, state, or local expense; (2) will not result in an increase over the employment which would otherwise be available; (3) which will result in the displacement of permanent members of the classified service (including partial displacement, such as reduction in the hours of nonovertime work or wages or employment benefits); (4) or which will impair existing rights of permanent members of the classified service. (c) If during the term of a contract or renewal thereof, executed under the act, a school district is engaged in layoffs for lack of work or lack of funds of permanent classified employees serving in regular positions and is employing personnel or contemplates employing personnel in like or reasonably similar positions under the act, a report shall be submitted by the superintendent of schools to the governing board clearly demonstrating and substantiating the fact that the duties being performed by the permanent employees in regular positions who are being laid off will not be performed by personnel employed under the act. Approval of the report by the governing board shall constitute its acceptance of the facts, as contained therein, and based thereon its affirmation of compliance with the contract executed under the act and this section. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45108. Source version: id_d5cb2c67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. If the governing board of any school district establishes positions in the categories described below and restricts initial appointments of new employees to persons in low-income groups or residing in specifically designated areas of the community, then such positions shall, in addition to the regular class title, be classified as “restricted.” The positions shall be part of the classified service and persons so employed shall be classified employees for all purposes except that (1) they shall not be subject to the provisions of Section 45272 or 45273, and (2) they shall not acquire permanent status or seniority credit and shall not be eligible for promotion into the regular classified service until they have complied with the provisions of subdivision (c) of Section 45105. The categories of positions for which the governing board may establish restrictions under this section are: (a) The position of instructional aide, as defined in Section 45343. (b) Any other position involving personal contacts with pupils or parents, that is established to assist school staff personnel responsible for school-community relations; educational support services for such areas as counseling, library, or health; or the correction or prevention of behavioral problems. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1982, Ch. 1388, Sec. 7. Effective September 24, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45108.5. Source version: id_d5cb2c69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) Senior management employee means either of the following: (1) An employee in the highest position in a principal district program area, as determined by the governing board, which does not require certification qualifications, and which has districtwide responsibility for formulating policies or administering the program area. (2) An employee who acts as the fiscal advisor to the district superintendent. (b) The maximum number of positions which may be designated as senior management positions shall be as follows: (1) For districts with less than 10,000 units of average daily attendance, two positions. (2) For districts with 10,000 to 25,000 units of average daily attendance, inclusive, three positions. (3) For districts with 25,001 to 50,000 units of average daily attendance, inclusive, 4 positions. (4) For districts with more than 50,000 units of average daily attendance, 5 positions. (c) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240), as well as to districts which have not adopted the merit system. (Added by Stats. 1983, Ch. 498, Sec. 72. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45108.7. Source version: id_d5ccb30b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. The governing board of a school district may apply to the State Board of Education to waive the provisions of Section 45108.5 for purposes of expanding the number and type of senior management positions. (Added by Stats. 1983, Ch. 498, Sec. 73. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45109. Source version: id_d5ccb30d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Governing boards shall fix and prescribe the duties to be performed by all persons in the classified service and other positions not requiring certification qualifications of the school district, except those persons employed as a part of a personnel commission staff as provided in Article 6 (commencing with Section 45240) of this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45110. Source version: id_d5ccb30f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Classified employees shall not be required to perform duties which are not fixed and prescribed for the position by the governing board in accordance with Section 45109, unless the duties reasonably relate to those fixed for the position by the board, for any period of time which exceeds five working days within a 15-calendar-day period except as authorized herein. An employee may be required to perform duties inconsistent with those assigned to the position by the governing board for a period of more than five working days provided that his salary is adjusted upward for the entire period he is required to work out of classification and in such amounts as will reasonably reflect the duties required to be performed outside his normal assigned duties. Notwithstanding the provisions of this section, a personnel commission and governing board, or a governing board in a nonmerit system district, may, by written rule, provide for an upward salary adjustment for any classified employee required to work out of classification for any period of time less than that required herein. It is the intent of this section to permit school districts to temporarily work employees outside of their normal duties but in so doing to require that some additional compensation be provided the employee during such temporary assignments. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45111. Source version: id_d5ccb311-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. No school district may adopt or maintain any rule or regulation which requires a candidate for a position in the classified service to be a resident of the district or to become a resident of the district, or which requires that an employee maintain residency within the district; nor may a district grant preferential points or other preferential treatment to those candidates or employees who are residents of the district. This section shall not apply to restricted positions as provided for in Sections 45105 and 45103. The Legislature in enacting this section recognizes that the public school system of this state is the property of all its citizens, and that all qualified candidates for positions in the classified service, regardless of residence, should be granted the opportunity to compete for and obtain such positions based solely on merit and fitness. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45112. Source version: id_d5ccb313-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. If the governing board of any school district employs staff assistants or field representatives to directly assist the governing board or individual governing board members in carrying out their policymaking duties, such assistants or representatives shall be members of the classified service, except that such assistants or representatives shall be exempt from all provisions of this code relating to obtaining a permanent status in any position in the district, and procedures pertaining to the recruitment, appointment, classification, and salary of members of the classified service. Staff assistants shall serve at the pleasure of a majority of the governing board, and each field representative appointed by the governing board to assist an individual member shall serve at the pleasure of such member. It is the intent of the Legislature that persons employed under Section 45112 will not be utilized for election campaigns of board members during hours of their employment. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45113. Source version: id_ddc3bc26-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted. (b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive. (c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employee’s right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void. (d) Disciplinary action shall not be taken for any cause that arose before the employee’s becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district. (e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. (f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the district’s policies or regulations. (2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. (3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement. (g) (1) A governing board of a school district shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judge’s ruling shall be binding upon all parties. (2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077. (3) The term “representative of the respondent,” within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative. (h) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (i) To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. (Amended by Stats. 2022, Ch. 913, Sec. 1. (AB 2413) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45114. Source version: id_d5ce39b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding the provisions of Section 45113, the governing board may lay off and reemploy classified employees only in accordance with procedures provided by Sections 45298 and 45308, except the term “personnel commission” therein shall be construed to mean the governing board. “Governing board” as used in this section shall include districts governed by a common board or by different boards but with a common administration. Employees in common board or common administration districts shall, for the purpose of layoff for lack of work or funds, be considered as having been employed in a single district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45115. Source version: id_d5ce39b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding any other provision of law, any person who was subject to being, or was in fact, laid off for lack of work or lack of funds and who elected service retirement from the Public Employees’ Retirement System shall be placed on an appropriate reemployment list. The district shall notify the Board of Administration of the Public Employees’ Retirement System of the fact that retirement was due to layoff for lack of work or of funds. If he is subsequently subject to reemployment and accepts, in writing, the appropriate vacant position, the district shall maintain the vacancy until the Board of Administration of the Public Employees’ Retirement System has properly processed his request for reinstatement from retirement. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45116. Source version: id_d5ce39bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. A notice of disciplinary action shall contain a statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary action is based, a statement of the cause for the action taken and, if it is claimed that an employee has violated a rule or regulation of the public school employer, such rule or regulation shall be set forth in said notice. A notice of disciplinary action stating one or more causes or grounds for disciplinary action established by any rule, regulation, or statute in the language of the rule, regulation, or statute, is insufficient for any purpose. A proceeding may be brought by, or on behalf of, the employee to restrain any further proceedings under any notice of disciplinary action violative of this provision. This section shall apply to proceedings conducted under the provisions of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45117. Source version: id_554c600d-403b-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) (1) No later than March 15 and before a classified employee is given notice by the governing board of a school district that the employee’s services will not be required for the ensuing year due to lack of work or lack of funds, the governing board of the school district and the employee shall be given written notice by the superintendent of the school district or the superintendent’s designee, or, in the case of a school district that has no superintendent, by the clerk or secretary of the governing board of the school district, that it has been recommended that the notice be given to the employee, stating the reasons that the employee’s services will not be required for the ensuing year, and informing the employee of the employee’s displacement rights, if any, and reemployment rights. (2) Until the classified employee has requested a hearing as provided in subdivision (b) or has waived their right to a hearing, the notice and the reasons for the notice shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, a violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of a hearing conducted pursuant to this section. (b) A classified employee may request a hearing to determine if there is cause for not reemploying the employee for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice, on or before a date specified in subdivision (a), which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, the employee’s failure to do so shall constitute a waiver of the employee’s right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision. (c) If a hearing is requested by a classified employee under subdivision (b), the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the governing board of a school district shall have all the power granted to an agency in that chapter, except that all of the following shall apply: (1) The respondent shall file their notice of participation, if any, within five days after service upon the respondent of the District Statement of Reduction in Force and the respondent shall be notified of this five-day period for filing in the District Statement of Reduction in Force. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if a request is made for discovery within 15 days after service of the District Statement of Reduction in Force, and the notice required by Section 11505 of the Government Code shall so indicate. (3) (A) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils of the schools. The proposed decision shall be prepared for the governing board of the school district and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board of the school district shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board of the school district. Nonsubstantive procedural errors committed by the school district or governing board of the school district shall not constitute cause for dismissing the charges unless the errors are prejudicial errors. Copies of the proposed decision shall be submitted to the governing board of the school district and to the classified employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board of the school district from school district funds. Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid, and addressed to the last known address of the employee. Notice of termination shall be given to the employee before May 15. If a continuance was granted after a request for hearing was made, the deadlines described in this section shall be extended for the number of days of that continuance. (B) For purposes of this section, “cause” for layoff includes school district compliance with the seniority requirements of this code, including Section 45308. (4) An employee may be represented at a hearing by an attorney or by a nonattorney representative of the employee organization designated as the exclusive representative of the employees in the employee’s classification, if any. (d) (1) Notwithstanding subdivisions (a) to (c), inclusive, or any other law, during the time period between five days after the enactment of an annual Budget Act and August 15 of the fiscal year to which that Budget Act applies, if the governing board of a school district determines that its total local control funding formula apportionment per unit of average daily attendance for the fiscal year of that Budget Act has not increased by at least 2 percent, and if the governing board of a school district determines it is therefore necessary to decrease the number of classified employees of the school district due to lack of work or lack of funds, the governing board of the school district may issue a District Statement of Reduction in Force to those employees in accordance with a schedule of notice and hearing to be adopted by the governing board of the school district. (2) Paragraph (1) shall be inoperative during any period that Section 44955.5 is inoperative as it applies to certificated employees. (e) (1) If a permanent classified employee is not given the notices and a right to a hearing as provided for in this section, the employee shall be deemed reemployed for the ensuing school year, except that nothing in this section shall be construed to interfere with the right of a district to release probationary employees who never become permanent without notice or hearing. (2) For purposes of this subdivision, “permanent employee” includes an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after the date of the required notice. (f) (1) A classified employee shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. This subdivision does not create a layoff notice requirement for any individual hired as a short-term employee, as defined in Section 45103, for a period not exceeding 60 days. (2) This subdivision does not apply to the retention of a short-term employee, as defined in Section 45103, who is hired for a period not exceeding 60 days after which the short-term service may not be extended or renewed. (g) Notwithstanding the other requirements of this code respecting layoff of permanent classified employees, when classified positions must be eliminated as a result of the expiration of a specially funded program, the employees to be laid off shall be given written notice not less than 60 days prior to the effective date of their layoff informing them of their layoff date and their displacement rights, if any, and reemployment rights. (h) If, after January 1, 2021, the Legislature provides certificated employees with any additional rights to notice or hearing as to layoffs, then permanent classified employees and those who become permanent classified employees shall be afforded the same rights by the school district. (i) The governing board of the school district may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section. (j) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2022, Ch. 571, Sec. 27. (AB 185) Effective September 27, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45118. Source version: id_e75373bc-b8d7-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) (1) The department, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, representatives of employee organizations, and representatives of voluntary local educational agencies, including, but not limited to, members of governing boards of school districts, shall convene the Classified Employee Staffing Ratio Workgroup on or before July 31, 2025. (2) For purposes of paragraph (1), “voluntary local educational agencies” means school districts, county offices of education, community college districts, and special education local plan areas electing to participate in the workgroup. (b) (1) (A) The workgroup shall group classified assignments, for both K–12 and community colleges, in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite or campus, specialized needs, including certifications or licenses, and other reasonable factors. (B) The groupings may include, but are not necessarily limited to, the categories of food service, maintenance and operations, office and technical services, paraeducators, special services, including law enforcement, and transportation services. (2) The workgroup shall recommend staffing ratios per grouping identified pursuant to paragraph (1). (3) The workgroup shall take into account the physical, mental, and emotional impact of a pandemic or other emergency environment on workers. (4) The staffing ratios shall compare the number of classified staff needed for each group with the number of pupils, or students, as applicable. The staffing ratio may compare other factors, as relevant to the group of classified workers. (c) Notwithstanding Section 10231.5 of the Government Code, the workgroup shall, on or before July 31, 2026, report recommendations on appropriate staffing ratios for classified employees in schools and community colleges to the Legislature, consistent with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 425, Sec. 1. (AB 2971) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45119. Source version: id_d5cfc05f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Whenever, by reason of any reorganization, other than the unification of districts, all or part of the territory of any school district which has adopted the merit system is included within any district, or in any new district, the governing board of the acquiring or new district shall adopt such merit system if a simple majority of the classified employees of the reorganized district voting on the adoption of a merit system approve its adoption pursuant to Section 45221. If no such election is requested by the classified employees of the reorganized district pursuant to Section 45221, adoption of a merit system shall be effective only if the number of classified employees from the merit system district who are to become employees of the acquiring district equals or exceeds the number of classified employees of the acquiring nonmerit system district. In the event that any district simultaneously acquires all or part of the territory of two or more districts which have previously adopted the merit system, the governing board of the acquiring or new district shall adopt a merit system containing such provisions as are necessary to afford to all employees the rights guaranteed by this section if a simple majority of the classified employees of the reorganized district voting on the adoption of a merit system approve its adoption pursuant to Section 45221. If no such election is requested by the classified employees of the reorganized district pursuant to Section 45221, adoption of a merit system shall be effective only if the number of classified employees from the merit system district who are to become employees of the acquiring district equals or exceeds the number of classified employees of the acquiring nonmerit system district. The employees of the reorganized or new district shall retain all rights and privileges as if they had been employed under the provisions of Article 6 (commencing with Section 45240) of this chapter, with seniority commencing as of the date of original employment in their original district. Where there are more than a sufficient number of employees for a given classification under the provisions of Article 6 (commencing with Section 45240) of this chapter, such personnel shall be retained in employment for a period of not less than two years as if the reorganization had not occurred but without prejudice to the powers of the personnel commission and governing board of the reorganized district to reasonably reassign such persons. If at the expiration of such period, upon a finding made by the personnel commission that there are excess personnel in any given classification, such personnel shall, if the governing board so directs, be placed upon appropriate reemployment lists for 39 months and, if so placed, shall be offered and may accept positions of lower rank in their line of promotion in the order of seniority as established by this section in accordance with rules drawn in compliance with the provisions of Article 6 (commencing with Section 45240) of the chapter. The acceptance of a position in lower rank in accordance herewith shall not be deemed to constitute a waiver of the right to reemployment at the original level should a vacancy at such level occur within the period mentioned in this section. (Amended by Stats. 1977, Ch. 149.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45120. Source version: id_d5cfc061-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. If all or any part of any district or districts which is unified with all or any part of a district, has, or have, the merit system prior to the date of the reorganization election, all employees not legally requiring certification qualifications of the reorganized district shall be employed in accordance with Article 6 (commencing with Section 45240) of this chapter if a simple majority of the classified employees of the reorganized district voting on the adoption of a merit system approve its adoption pursuant to Section 45221. If no such election is requested by the classified employees of the reorganized district pursuant to Section 45221, adoption of a merit system shall be effective only if the number of classified employees from the merit system district who are to become employees of the acquiring district equals or exceeds the number of classified employees of the acquiring nonmerit system district. If on the date of such reorganization election, two or more of the said defined districts of such reorganized district have merit systems, the reorganized district shall adopt a single merit system which shall contain all provisions necessary to secure to all employees the rights guaranteed by Section 45121 of this code. Seniority of the personnel of the reorganized district shall be established as of the date of original employment in the district or districts as defined above. Where there are more than a sufficient number of employees for a given classification under the provisions of Article 6 (commencing with Section 45240) of this chapter, such personnel shall be retained in employment for a period of not less than two years as if the reorganization had not occurred but without prejudice to the powers of the personnel commission and the governing board of the new unified district to reasonably reassign such person. If at the expiration of such period, upon a finding made by the personnel commission that there are excess personnel in any given classification, such personnel shall, if the governing board so directs, be placed upon appropriate reemployment lists for 39 months, and shall, if so placed, be offered and may accept positions of lower rank in their line of promotion in the order of seniority as established by this section in accordance with rules drawn in compliance with the provisions of Article 6 (commencing with Section 45240) of this chapter. The acceptance of a position in lower rank in accordance herewith shall not be deemed to constitute a waiver of the right to reemployment at the original level should a vacancy at such level occur within the period mentioned in this section. (Amended by Stats. 1977, Ch. 149.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45120.1. Source version: id_d5cfc063-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding the provisions of Sections 45119 and 45120, when any school district involved in any reorganization, annexation, unionization, merger, or unification is not required to adopt the merit system, the classified employees of such district who formerly were employed by a district having the merit system shall retain for a period of two years the salary, benefits, seniority, and other rights which they would have had had the reorganization not occurred. (Added by Stats. 1977, Ch. 149.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45120.2. Source version: id_d5cfc065-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) If the development or revision of a local plan for the education of individuals with exceptional needs pursuant to Chapter 2.5 (commencing with Section 56195) of Part 30, results in a classified employee who is performing service for one employer being terminated, reassigned, or transferred, or becoming the employee of another employer because of the reorganization of special education programs, the employee shall retain the seniority acquired at his or her employment with the school district or county office of education from which he or she was terminated, reassigned, or transferred. If terminated, the employee retains the rights specified in Sections 45115, 45117, and 45119. (b) The reassignment of an employee, transfer of an employee, or new employment of an employee caused by the reorganization of special education programs does not affect the seniority or classification that a classified employee already attained in any school district that undergoes the reorganization. The employee has the same status with respect to his or her seniority or classification, with the new employer, including time served as a probationary employee. The total number of years served as a classified employee with the former school district or county office shall be credited, year for year, for placement on the salary schedule of the new school district or county office. (c) If a local plan for the education of individuals with exceptional needs is developed or revised pursuant to Chapter 2.5 (commencing with Section 56195) of Part 30, all classified employees shall be employed by a county office of education or an individual school district. (d) A classified employee who is reassigned or transferred as a result of the reorganization of special education programs has priority, except as provided in subdivision (e), in being informed of and in filling classified positions in the classifications in which the employee was employed before the reassignment or transfer. This priority expires 24 months after the date of reassignment or transfer and may be waived by the employee during that time period. (e) A classified employee who served in a special education program in a school district or county office and is terminated from his or her employment by that school district or county office pursuant to Section 45114 as a result of the reorganization of a special education program has first priority in being informed of and in filling vacant classified positions for which the employee is qualified or was employed, in the county office or school district that operates the reorganized special education program. Permanent employees have the first priority right to reappointment as provided in this section for 39 months from the date of termination. Probationary employees have the first priority right to reappointment as provided in this section for 24 months from the date of termination. (Added by Stats. 2003, Ch. 843, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45121. Source version: id_d5cfc067-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Persons employed in positions not requiring certification qualifications in districts, all or part of whose territory is included in a unification of districts, shall continue as employees of the unified school district for not less than two years, and shall not, by reason of any unification, be deprived of any benefit which they would have had had the unification not taken place. In determining the rights of such employees, their salaries, accumulated leaves, and other rights shall be determined as of the date the unification election was conducted. No increase in benefits not previously conferred, granted by the governing board of any district, all or part of whose territory is included in a unification of districts, after such unification election, shall be binding on the governing board of the unified district, except that benefits granted in the districts comprising the new unified district which does not become effective until the second succeeding first day of July shall be binding on the governing board of the unified district. Nothing herein contained shall preclude the governing board of the unified school district from making any reasonable reassignment of the duties of such employees. The governing board of the unified district shall establish a system of uniform salaries, employee benefits and working conditions for employees performing like services in conformity with the provisions of this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45122. Source version: id_d5d14709-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Whenever a governing board of a school district requires a physical examination to be taken by a classified employee or employees, either by rule or by its direction or the direction of its authorized district administrator; or when classified employees are required by law to submit to a physical examination for continuance in employment, the board shall either provide the required examination, cause it to be provided, or provide the employee with reasonable reimbursement for the required examination. If the governing board requires a physical examination or an examination is required by law as a condition of preemployment, it may cause the required examination to be given. It may, if an applicant is required to take a preemployment physical examination, provide for reasonable reimbursement if the applicant is subsequently employed by the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2000, Ch. 1, Sec. 2. Effective February 22, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45122.1. Source version: id_d5d1470b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be employed by a school district pursuant to this chapter. A school district shall not retain in employment a current classified employee who has been convicted of a violent or serious felony, and who is a temporary, substitute, or a probationary employee who has not attained permanent status. (b) This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony. (c) (1) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (2) For purposes of this section, the term “school district” has the same meaning as defined in Section 41302.5. (d) When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone and shall be confirmed in writing and delivered to the school district by first-class mail. (e) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent of serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (f) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. (g) Notwithstanding any other provision of law, when the Department of Justice notifies a school district by telephone that a current temporary, substitute, or probationary employee who has not attained permanent status, has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. (h) Notwithstanding Section 47610, this section applies to a charter school. (Added by Stats. 1997, Ch. 589, Sec. 4. Effective September 30, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45123. Source version: id_d5d1470d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) No person shall be employed or retained in employment by a school district who has been convicted of any sex offense as defined in Section 44010. A plea or verdict of guilty, a finding of guilt by a court in a trial without jury, or a conviction following a plea of nolo contendere shall be deemed to be a conviction within the meaning of this subdivision. (b) No person shall be employed or retained in employment by a school district, who has been convicted of a controlled substance offense as defined in Section 44011. (c) If, however, a conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter. (d) The governing board of a school district may employ a person convicted of a controlled substance offense if the governing board of the school district determines, from the evidence presented, that the person has been rehabilitated for at least five years. The governing board shall determine the type and manner of presentation of the evidence, and the determination of the governing board as to whether or not the person has been rehabilitated is final. (Amended by Stats. 1990, Ch. 596, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45124. Source version: id_d5d1470f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. No person shall be employed or retained in employment by a school district who has been determined to be a sexual psychopath under the provisions of Article 1 (commencing with Section 6300), Chapter 2, Part 2, Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state. If, however, such determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding or the proceeding to determine whether he is a sexual psychopath is dismissed, this section does not prohibit his employment thereafter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45125. Source version: id_d5d14711-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) (1) Except as provided in Section 45125.01, the governing board of any school district shall require each person to be employed in a position not requiring certification qualifications, except a secondary school pupil employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school attended by the pupil, to have two fingerprint cards bearing the legible rolled and flat impressions of the person’s fingerprints together with a personal description of the applicant prepared by a local public law enforcement agency having jurisdiction in the area of the school district, which agency shall transmit the cards, together with the fee required by subdivision (f), to the Department of Justice; except that any district, or districts with a common board, may process the fingerprint cards if the district so elects. (2) As used in this section, “local public law enforcement agency” includes any school district and as used in Section 45126 requires the Department of Justice to provide to any school district, upon application, information pertaining only to applicants for employment by the district, including applicants who are employees of another district. (b) (1) Upon receiving the fingerprint cards, the Department of Justice shall ascertain whether the applicant has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department and forward the information to the employing agency submitting the applicant’s fingerprints no more than 15 working days after receiving the fingerprint cards. The Department of Justice shall not forward records of criminal proceedings that did not result in a conviction but shall forward information on arrests pending adjudication. (2) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days. If the Department of Justice cannot ascertain the information required pursuant to this subdivision within three working days, the department shall notify the school district that it cannot so ascertain the required information. This notification shall be delivered by telephone or electronic mail to the school district. If a school district is notified by the Department of Justice that it cannot ascertain the required information about a person, the school district may not employ that person until the Department of Justice ascertains that information. (3) In the case of a person to be employed in a position not requiring certification qualifications who is described in subparagraph (A) or (B), the school district shall request the Department of Justice to forward one copy of the fingerprint cards to the Federal Bureau of Investigation for the purpose of obtaining any record of previous convictions of the applicant. (A) The person has not resided in the State of California for at least one year immediately preceding the person’s application for employment. (B) The person has resided for more than one year, but less than seven years, in the State of California and the Department of Justice has ascertained that the person was convicted of a sex offense where the victim was a minor or a drug offense where an element of the offense is either the distribution to, or the use of a controlled substance by, a minor. (c) The governing board of a school district shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section and Sections 45125.5 and 45126, except that this subdivision does not apply to secondary school pupils who are to be employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school they attend. (d) The governing board of each district shall maintain a list indicating the number of current employees, except secondary school pupils employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school they attend, who have not completed the requirements of this section. The Department of Justice shall process these cards within 30 working days of their receipt and any cards in its possession on the date of the amendment of this section by Assembly Bill 1610 of the 1997–98 Regular Session within 30 working days of that date. School districts that have previously submitted identification cards for current employees to either the Department of Justice or the Federal Bureau of Investigation shall not be required to further implement the provisions of this section as it applies to those employees. (e) A plea or verdict of guilty or a finding of guilt by a court in a trial without a jury or forfeiture of bail is deemed to be a conviction within the meaning of this section, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering of a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. (f) (1) The school district shall provide the means whereby the fingerprint cards may be completed and may charge a fee determined by the Department of Justice to be sufficient to reimburse the department for the costs incurred in processing the application. The amount of the fee shall be forwarded to the Department of Justice with the required copies of applicant’s fingerprint cards. The governing board may collect a reasonable fee payable to the local public law enforcement agency taking the fingerprints and completing the data on the fingerprint cards. In no event shall the fee exceed the actual costs incurred by the agency. (2) The additional fees shall be transmitted to the city or county treasury. If an applicant is subsequently hired by the board within 30 days of the application, the fee may be reimbursed to the applicant. Funds not reimbursed to applicants shall be credited to the general fund of the district. If the fingerprint cards forwarded to the Department of Justice are those of a person already in the employ of the governing board, the district shall pay the fee required by this section, which fee shall be a proper charge against the general fund of the district, and no fee shall be charged the employee. (g) This section applies to substitute and temporary employees regardless of length of employment. (h) Subdivision (c) of this section shall not apply to a person to be employed if a school district determines that an emergency or an exceptional situation exists, and that a delay in filling the position in which the person would be employed would endanger pupil health or safety. (i) Where reasonable access to the statewide, electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprints and related information required by this section. (j) A school district shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code. (k) All information obtained from the Department of Justice is confidential. Each agency handling Department of Justice information shall ensure the following: (1) No recipient may disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice. (l) Notwithstanding any other provision of law, the Department of Justice shall process pursuant to this section all requests from a school district, an employer, or a human resource agency for criminal history information on a volunteer to be used in a school. (Amended by Stats. 1999, Ch. 78, Sec. 31. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45125.01. Source version: id_da41900a-8f11-11df-b160-8c68244b7987 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) If a person is an applicant for employment, or is employed on a part-time or substitute basis, in a position not requiring certification qualifications, or is a noncertificated candidate assuming a paid or volunteer position in accordance with Section 49024, in multiple school districts within a county or within contiguous counties, the school districts may agree among themselves to designate a single district, or a county superintendent may agree to act on behalf of participating districts within the county or contiguous counties, for the purposes of performing the following duties: (1) Sending fingerprints to the Department of Justice. (2) Receiving reports of convictions of serious and violent felonies, criminal history records, and reports of subsequent arrests from the Department of Justice. (3) Maintaining common lists of persons eligible for employment. (b) The school district or county superintendent serving in the capacity authorized in subdivision (a) shall be considered the employer for purposes of subdivisions (a) and (f) of Section 45125. (c) Upon receipt from the Department of Justice of a report of conviction of a serious or violent felony, the designated school district or county superintendent shall communicate that fact to the participating districts and remove the affected employee from the common list of persons eligible for employment. (d) Upon receipt from the Department of Justice of a criminal history record or report of subsequent arrest for any person on a common list of persons eligible for employment, the designated school district or county superintendent shall give notice to the superintendent of any participating district or a person designated in writing by that superintendent, that the report is available for inspection on a confidential basis by the superintendent or authorized designee, at the office of the designated school district or county superintendent, for a period of 30 days following receipt of notice to enable the employing school district to determine whether the employee meets that district’s criteria for continued employment. The designated school district or county superintendent shall not release a copy of that information to any participating district or any other person, shall retain or dispose of the information in the manner required by law after all participating districts have had an opportunity to inspect it in accordance with this section, and shall maintain a record of all persons to whom the information has been shown that shall be available to the Department of Justice to monitor compliance with the requirements of confidentiality contained in this section. (e) Any agency processing Department of Justice responses pursuant to this section shall submit an interagency agreement to the Department of Justice to establish authorization to submit and receive information pursuant to this section. (f) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following: (1) A recipient shall not disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 701 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice. (Amended by Stats. 2010, Ch. 52, Sec. 1. (AB 346) Effective July 9, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45125.1. Source version: id_61e830ba-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) Any entity that has a contract with a local educational agency shall ensure that any employee who interacts with pupils has a valid criminal records summary as described in Section 44237. When the contracting entity performs the criminal background check, it shall immediately provide any subsequent arrest and conviction information it receives to any local educational agency that it is contracting with pursuant to the subsequent arrest service. (b) (1) This section does not apply to an entity providing services to a local educational agency, as described in subdivision (a), in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (2) Notwithstanding subdivision (a), an employee of any entity that has a contract with a local educational agency, and that offers work experience opportunities for pupils, including, but not limited to, opportunities pursuant to Section 51760, 52336, 52372, 52410, or 52460, Article 1 (commencing with Section 52300), Article 5 (commencing with Section 52381), or Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of Division 4, Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4, Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4, or Part 54.5 (commencing with Section 88820) of Division 7 of Title 3, or workplace placements as part of a pupil’s individualized education program, including, but not limited to, the services described in Article 3 (commencing with Section 56470) of Chapter 4.5 of Part 30 of Division 4, is not required to have a valid criminal records summary pursuant to subdivision (a) if all of the following requirements are met: (A) At least one adult employee in the workplace during the pupil’s work hours, who has direct contact with the pupil and has been designated by the employer as the employee of record who is responsible for the safety of the pupil, has a valid criminal records summary as described in Section 44237. (B) A staff representative of the local educational agency makes visitations as specified in a pupil’s individualized education program, or, if unspecified, at least once every three weeks to consult with the pupil’s workplace liaison, observe the pupil at the workplace, and check in with the pupil to ensure the pupil’s health, safety, and welfare, including by addressing any concerns the pupil has raised. (C) The parent or guardian of the pupil has signed a consent form regarding the pupil’s work placement, attesting that the parent or guardian understands the duties assigned to the pupil and the nature of the workplace environment. (3) If a pupil participates in services provided by a contractor as part of an independent study program and the pupil is under the immediate supervision and control of the pupil’s parent or guardian during the provision of those services, the local educational agency shall do either of the following: (A) Verify completion of a valid criminal records summary for all employees of the contractor who interact with the pupil. (B) Ensure that the parent or guardian of the pupil has signed a consent form before the pupil’s interaction with a person employed by the contractor, attesting that the parent or guardian understands that the person employed by the contractor has not completed a valid criminal records summary as described in Section 44237. (c) On a case-by-case basis, a local educational agency may require an entity with whom it has a contract to comply with the requirements of this section for employees in addition to those described in subdivision (a). The entity shall prepare and submit those employee’s fingerprints to the Department of Justice, as described in subdivision (a). (d) (1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (h) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (h) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the Department of Justice shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or email to the employer. (2) The Department of Justice, at its discretion, may notify the local educational agencies in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1. (3) The Department of Justice shall forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses that, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication. (e) (1) An entity having a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c) shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1. (2) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (3) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that the employee has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the local educational agency in which the employee is a resident. (f) An entity having a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c) shall certify in writing to the local educational agency that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may interact with pupils have been convicted of a felony as defined in Section 45122.1. (g) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section. (h) (1) For purposes of this section, an individual operating as a sole proprietor of an entity that has a contract with a local educational agency, as described in subdivision (a), shall be considered an employee of that entity. (2) To protect the safety of any pupil that may interact with an employee of an entity that is a sole proprietorship and has a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c), a local educational agency shall prepare and submit the employee’s fingerprints to the Department of Justice, as described in subdivision (a). (i) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county office of education, or charter school. (Amended by Stats. 2026, Ch. 65, Sec. 81. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45125.2. Source version: id_d5d45457-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) A school district contracting with an entity for the construction, reconstruction, rehabilitation, or repair of a school facility where the employees of the entity will have contact, other than limited contact, with pupils shall ensure the safety of the pupils by one or more of the following methods: (1) The installation of a physical barrier at the worksite to limit contact with pupils. (2) Continual supervision and monitoring of all employees of the entity by an employee of the entity whom the Department of Justice has ascertained has not been convicted of a violent or serious felony. For purposes of this paragraph, an employee of the entity may submit his or her fingerprints to the Department of Justice pursuant to subdivision (a) of Section 45125.1 and the department shall comply with subdivision (d) of Section 45125.1. (3) Surveillance of employees of the entity by school personnel. (b) An entity that contracts with a school district for the construction, reconstruction, rehabilitation, or repair of a school facility is not required to comply with the requirements of Section 45125.1 if one or more of the methods described in subdivision (a) is utilized. (c) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (d) This section shall not apply to an entity providing construction, reconstruction, rehabilitation, or repair services to a school district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (Added by Stats. 1998, Ch. 840, Sec. 12. Effective September 25, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45125.5. Source version: id_d5d5daf9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. A school district or county office of education may request that a local law enforcement agency conduct an automated records check of a prospective noncertificated employee in order to ascertain whether the prospective noncertificated employee has a criminal record. If the local law enforcement agency agrees to provide that automated records check, the results therefrom shall be returned to the requesting district or county office of education within 72 hours of the written request. A local law enforcement agency may charge a fee to the requesting agency not to exceed the actual expense to the law enforcement agency. For purposes of this section, “prospective noncertificated employee” includes only those applicants whom the requesting school district intends to hire, at the time the automated records check is requested. (Added by Stats. 1991, Ch. 152, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45126. Source version: id_d5d5dafb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in Section 45125, furnish, upon application of a local public law enforcement agency all information pertaining to any such person of whom there is a record in its office. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45127. Source version: id_760f4ab4-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) The workweek of a classified employee, as defined in Section 45103 or 45256, shall be 40 hours. The workday shall be eight hours. These provisions do not restrict the extension of a regular workday or workweek on an overtime basis if it is necessary to carry on the business of the district. This section does not bar the district from establishing a workday of less than eight hours or a workweek of less than 40 hours for all or any of its classified positions. (b) Notwithstanding this section and Section 45128, a governing board may, with the approval of the personnel commission, where applicable, exempt specific classes of positions from compensation for overtime in excess of eight hours in one day, provided that hours worked in excess of 40 in a calendar week shall be compensated on an overtime basis. This exemption applies only to those classes that the governing board and personnel commission, where applicable, specifically find to be subject to fluctuations in daily working hours not susceptible to administrative control, such as security patrol and recreation classes, but shall not include food service and transportation classes. (c) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2006, Ch. 538, Sec. 108. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45128. Source version: id_d5d5daff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. The governing board of each district shall provide the extent to which, and establish the method by which ordered overtime is compensated. The board shall provide for such compensation or compensatory time off at a rate at least equal to time and one-half the regular rate of pay of the employee designated and authorized to perform the overtime. Overtime is defined to include any time required to be worked in excess of eight hours in any one day and in excess of 40 hours in any calendar week. If a governing board establishes a workday of less than eight hours but seven hours or more and a workweek of less than 40 hours but 35 hours or more for all of its classified positions or for certain classes of classified positions, all time worked in excess of the established workday and workweek shall be deemed to be overtime. The foregoing provisions do not apply to classified positions for which a workday of fewer than seven hours and a workweek of fewer than 35 hours has been established, nor to positions for which a workday of eight hours and a workweek of 40 hours has been established, but in which positions employees are temporarily assigned to work fewer than eight hours per day or 40 hours per week when such reduction in hours is necessary to avoid layoffs for lack of work or lack of funds and the consent of the majority of affected employees to such reduction in hours has been first obtained. For the purpose of computing the number of hours worked, time during which an employee is excused from work because of holidays, sick leave, vacation, compensating time off, or other paid leave of absence shall be considered as time worked by the employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45129. Source version: id_d5d5db01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. When compensatory time off is authorized in lieu of cash compensation, such compensatory time off shall be granted within 12 calendar months following the month in which the overtime was worked and without impairing the services rendered by the employing district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45130. Source version: id_d5d5db03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding the provisions of Sections 45127 and 45128, a personnel commission, when applicable, or a governing board of a school district may specify certain positions or classes of positions as supervisory, administrative, or executive and exclude the employees serving in such positions and the positions from the overtime provisions. To be excluded from such overtime provisions, the positions or classes of positions must clearly and reasonably be management positions. In approving positions or classes of positions for exclusion from the overtime provisions, the personnel commission, when applicable, or the governing board of a school district shall certify, in writing, that the duties, flexibility of hours, salary, benefit structure, and authority of the positions or classes of positions are of such a nature that they should be set apart from those positions which are subject to the overtime provisions, and that employees serving in such excluded positions or classes of positions will not be unreasonably discriminated against as a result of the exclusion. Notwithstanding the provisions of this section, if a person serving in an excluded position is required to work on a holiday, as provided for in this code, or by action of a governing board, he shall be paid, in addition to his regular pay for the holiday, compensation, or given compensating time off, at a rate not less than his normal rate of pay. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45131. Source version: id_d5d5db05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding the provisions of Section 45127, the workweek shall consist of not more than five consecutive working days for any employee having an average workday of four hours or more during the workweek. Such an employee shall be compensated for any work required to be performed on the sixth or seventh day following the commencement of the workweek at the rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. An employee having an average workday of less than four hours during a workweek shall, for any work required to be performed on the seventh day following the commencement of his workweek, be compensated for at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. Positions and employees excluded from overtime compensation pursuant to Section 45130 shall likewise be excluded from the provisions of this section. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45132. Source version: id_d5d761a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding the provisions of Section 45131, a governing board of a district may establish a 10-hour-per-day, 40-hour, four-consecutive-day workweek for all, or certain classes of its employees, or for employees within a class when, by reason of the work location and duties actually performed by such employees, their services are not required for a workweek of five consecutive days, provided the establishment of such a workweek has the concurrence of the concerned employee, class of employees, or classes of employees as ascertained through the employee organization representing a majority of the concerned employees or class or classes, of employees, as determined by the payroll deduction authorizations for dues in classified employee organizations on file with the district on the last day of the month next preceding the date the board action was taken. Where a board has previously established the workweek of not less than 35 hours, it may require the established workweek to be performed in four consecutive days by any class or classes of employees or by employees within a class, when by reason of the work location and duties actually performed by such employees their services are not required for a workweek of five consecutive days, with the concurrence of employee personnel as provided herein. When a four-day workweek is established, the overtime rate shall be paid for all hours worked in excess of the required workday, which shall not exceed 10 hours. Work performed on the fifth, sixth and seventh days shall be compensated for at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. An employee working an average workday of five hours or less during a workweek shall, for any work required to be performed on the sixth or seventh day following the commencement of his workweek, be compensated for at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45133. Source version: id_d5d761a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) Notwithstanding Sections 45127 and 45131, a governing board of a school district or a county superintendent of schools may establish a 9-hour-per-day, 80-hour-per-2-week work schedule, provided the establishment of the work schedule has the concurrence of the employee organization, or in the absence of an employee organization, the concurrence of the affected employee. (b) When a 9-hour-per-day, 80-hour-per-2-week work schedule is established, it shall consist of nine work days, eight of which shall be nine-hour days, and one of which shall be an eight-hour day. The overtime rate shall be paid for all hours worked in excess of the required work day, which shall not exceed nine hours, at a rate equal to one and one-half times the regular rate of pay for the employee designated and authorized to perform the work. (c) When a 9-hour-per-day, 80-hour-per-2-week work schedule is established, the workweek shall be defined in either of two ways, as follows: (1) The workweek shall begin on noon Friday and will end at noon the following Friday, with the employee working nine hours each day except on alternate Thursdays when the employee will work eight hours, and on alternate Fridays when the employee will not work; or, (2) The workweek shall begin at noon on any other day of the week and shall be defined so that no employee will be required to work more than 40 hours during any given workweek. (d) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Added by Stats. 1990, Ch. 190, Sec. 1. Effective June 29, 1990.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45133.5. Source version: id_844148be-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) Notwithstanding Sections 45127 and 45131, a governing board of a school district or a county superintendent of schools may establish a 12-hour-per-day, 80-hour-per-2-week work schedule for school police departments, provided the establishment of the work schedule is consented to in a valid collective bargaining agreement that contains all of the following: (1) Express provisions for the wages, hours of work, and working conditions of employees. (2) Express provisions for meal periods of employees, and final and binding arbitration of disputes concerning application of the meal period provisions. (3) Premium wage rates for all overtime hours worked. (4) A regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. (b) When a 12-hour-per-day, 80-hour-per-2-week work schedule is established, it shall consist of seven work days, six of which shall be 12-hour days, and one of which shall be an eight-hour day. The overtime rate shall be paid for all hours worked in excess of the required workday, at a rate equal to one and one-half times the regular rate of pay for the employee designated and authorized to perform the work. (c) When a 12-hour-per-day, 80-hour-per-2-week work schedule is established, the workweek shall be defined so that no employee will be required to work more than 40 hours during any given workweek. (Added by Stats. 2013, Ch. 73, Sec. 1. (AB 226) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45134. Source version: id_254a4d07-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. (a) Notwithstanding any other provisions of law, no minimum or maximum age limits shall be established for the employment or continuance in employment of persons as part of the classified service. (b) Any person possessing all of the minimum qualifications for any employment shall be eligible for appointment to that employment, and no rule or policy, either written or unwritten, heretofore or hereafter adopted, shall prohibit the employment or continued employment, solely because of the age of any person in any school employment who is otherwise qualified. (c) No person shall be employed in school employment while he or she is receiving a retirement allowance under any retirement system by reason of prior school employment, except that a person may be hired: (1) Pursuant to Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code. (2) As an aide in one of the following circumstances: (A) An aide is needed in a class with a high pupil-teacher ratio. (B) An aide is needed to provide one-on-one instruction in remedial classes or for underprivileged students. A person working as an aide pursuant to this subdivision shall not receive service credits for purposes of the State Teachers’ Retirement System. (d) The provisions of subdivision (c) shall be inapplicable to persons who were employed in the classified service of any school district as of September 18, 1959, and who are still in the employ of the same district on the effective date of this subdivision, and the rights of those persons shall be fixed and determined as of September 18, 1959, and no such person shall be deprived of any right to any retirement allowance or eligibility for any such allowance to which he or she would have been entitled as of that date. Any such person who, by reason of any provision of law to the contrary, has been deprived of any right to retirement allowance or eligibility for such an allowance, shall, upon the filing of application therefor, be reinstated to such rights as he or she would have had had this subdivision been in effect on September 18, 1959. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2005, Ch. 351, Sec. 40. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45135. Source version: id_d5d761ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding the provisions of subdivision (c) of Section 45134, a retired classified school employee may be employed by a school district, but only in accordance with the provisions of Article 5 (commencing with Section 21150) of Chapter 8 of Part 3 of Division 5 of Title 2 of the Government Code. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45136. Source version: id_d5d761af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. All probationary and permanent part-time classified employees shall be entitled to sick leave, and all other benefits conferred by law on classified employees. Part-time employees shall be entitled to all leaves and benefits granted by the governing board to a majority of the regular full-time employees in the classified service of the district or to regular full-time employees in the same classified positions or general class of positions; but such leaves and benefits may be prorated in the same ratio as the regular work hours per day, days per week, weeks per month, or months per year of such part-time employees bear to eight hours per day, 40 hours per calendar week, four calendar weeks per month, or 12 calendar months during the school year. Except for prorating benefits for part-time employees as herein authorized, the governing board shall provide at least the same benefits for all regular employees in the classified service as it provides for the majority of such employees. Nothing in this section shall be construed to prohibit the granting of additional benefits for some employees in recognition of nature of work, level of classification, or length of service. This section shall not apply to employees properly designated as substitute, short-term, or limited-term employees, as defined in Sections 45103 and 45286 of this code, unless such employees are specifically included by a governing board, or by a personnel commission for those districts included under the provisions of Article 6 (commencing with Section 45240) of this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. This section shall not apply to those benefits authorized under the provisions of Article 1 (commencing with Section 53200) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45137. Source version: id_d5d8e851-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. A classified employee who works a minimum of 30 minutes per day in excess of his part-time assignment for a period of 20 consecutive working days or more, shall have his basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136. If a part-time employee’s average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime. Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty. It is the intent of the Legislature, in enacting this section, to insure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to be liberally construed in order that the provisions of Section 45136 may not be circumvented by requiring employees to work in excess of the regularly fixed hours for a position on an overtime basis but for which premium pay is not provided nor appropriate adjustment is not made in fringe benefit entitlement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45138. Source version: id_d5d8e853-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. The governing board of any school district may require the wearing of a distinctive uniform by classified personnel. The cost of the purchase, lease or rental of uniforms, equipment, identification badges, emblems, and cards required by the district shall be borne by the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1. Employment [45100 - 45139] SECTION 45139. Source version: id_d5d8e855-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1. Notwithstanding any other provision of this part, the governing board of a school district or county superintendent of schools may establish regulations which allow their classified employees to reduce their workload from full-time to part-time duties. The regulations shall include, but shall not be limited to, the following, if classified employees wish to reduce their workload and maintain retirement benefits pursuant to Section 20819 of the Government Code: (a) The classified employee shall have reached the age of 55 prior to reduction in workload. (b) The classified employee shall have been employed full time in a classified position for at least 10 years of which the immediately preceding five years were full-time employment. (c) During the period immediately preceding a request for a reduction in workload, the classified employee shall have been employed full time in a classified position for a total of at least five years without a break in service. (d) The option of part-time employment shall be exercised at the request of the classified employee and can be revoked only with the mutual consent of the employer and the classified employee. (e) The classified employee shall be paid a salary which is the pro rata share of the salary he or she would be earning had he or she not elected to exercise the option of part-time employment but shall retain all other rights and benefits for which he or she makes the payments that would be required if he or she remained in full-time employment. The classified employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time classified employee. (f) The minimum part-time employment shall be the equivalent to one-half of the number of hours of service required by the classified employee’s contract of employment during his or her final year of service in a full-time classified position. (g) The period of the part-time classified employment shall not exceed five years. (h) The period of the part-time classified employment shall not extend beyond the end of the school year during which the classified employee reaches his or her 70th birthday. (Added by Stats. 1990, Ch. 658, Sec. 1. Effective September 12, 1990.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 1.5. Management and Confidential Employees [45140- 45140.] SECTION 45140. Source version: id_d5da6ef9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=1.5. The governing board of any school district which has not adopted the merit system pursuant to Article 5 (commencing with Section 45220) and Article 6 (commencing with Section 45240) may contract with temporary-help employment agencies to fill vacancies of management and confidential employees without the necessity of complying with the requirements of this part. The contracts for the services of temporary-help agency employees under this section shall not exceed 60 working days per position per approved leave period, not to exceed two per year. (Added by Stats. 1984, Ch. 823, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 10. Bilingual Office Employees [45400 - 45403] SECTION 45400. Source version: id_d6115cdb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=10. The Legislature hereby finds that when a public school that provides instruction in kindergarten or any of grades 1 through 12 has a substantial number of pupils who, together with their parents or guardians, speak a single primary language other than English, and does not have in its employ one or more bilingual employees fluent in both English and the primary language of such pupils and their parents or guardians, a serious educational disadvantage results for the pupils. Effective communication between the school authorities and both the affected pupils and their parents and guardians is absolutely essential to an effective educational program. It is, therefore, the intent of the Legislature in enacting this article to remove some of the barriers that face pupils who, together with their parents or guardians, speak a single primary language other than English, and to provide them, through more effective communication, with the most beneficial education possible from the public elementary schools, junior high schools, and high schools of this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 10. Bilingual Office Employees [45400 - 45403] SECTION 45401. Source version: id_d6115cdd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=10. When at least 15 percent of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 through 12 speak a single primary language other than English, the governing board of the school district in which such school is located shall hire a bilingual person for the administrative office of each such school, as soon as a position is available as provided by Section 45403, to serve as a bilingual community liaison person or a paraprofessional, clerical, or other qualified employee of each such school, in accordance with the provisions of Chapter 5 (commencing with Section 45100) of this part, who is fluent in both English and in the primary language spoken by such pupils and their parents or guardians. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 10. Bilingual Office Employees [45400 - 45403] SECTION 45402. Source version: id_d6115cdf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=10. The bilingual person employed pursuant to this article shall have as a principal function the communication with parents or guardians of such students in the primary language of the parents or guardians. The governing board of the school district may make additional, reasonable assignments of duties for such bilingual employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 10. Bilingual Office Employees [45400 - 45403] SECTION 45403. Source version: id_d6115ce1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=10. This article shall not be construed as requiring school districts to replace existing classified personnel or to employ additional classified personnel. However, in any case in which additional classified positions are added to the administrative staff of a school which does not already employ a person as described in Section 45401, or if a vacancy is to be filled in a classified position in the administrative staff of such a school, the provisions of Section 45401 shall be adhered to in filling such position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] SECTION 45420. Source version: id_d612e385-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=11. The provisions of this article shall become applicable upon the execution of an agreement between a county superintendent of schools and a school district governing board providing for the assumption by the county superintendent of schools of a data processing center operated by the school district. (Added by Stats. 1977, Ch. 746.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] SECTION 45421. Source version: id_35413167-f54e-11da-bccc-c495107da326 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=11. A school district employee in a position not requiring certification qualifications assigned to a data processing center which is transferred to a county superintendent of schools shall, upon the election of the employee to do so, cease to be an employee of the school district upon the effective date of the agreement transferring the data processing center to the county superintendent of schools and shall thereafter be an employee of the county superintendent of schools and be paid from the county school service fund. (Added by Stats. 1977, Ch. 746.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] SECTION 45422. Source version: id_34e5f205-f54e-11da-bccc-c495107da326 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=11. District employees whose status is changed pursuant to this article shall retain all accumulated and unused sick leave, vacation, seniority rights and other rights and benefits which can reasonably be construed to have been an earned right at the time of transfer to the county school service fund. (Added by Stats. 1977, Ch. 746.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 11. Assumption by County Superintendent of Schools of the Operation of a School District’s Data Processing Center [45420 - 45423] SECTION 45423. Source version: id_d612e38b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=11. No employee transferred from school district service pursuant to this article to a position, the salary of which is paid from the county school service fund, shall suffer any loss of salary at the time of transfer, or as to the future as it relates to his status on the salary scale of the county superintendent of schools in effect at that time. (Added by Stats. 1977, Ch. 746.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 12. Particular Employees [45450 - 45451] SECTION 45450. Source version: id_d6146a2f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=12. The governing board of any school district may employ, in accordance with the provisions of this chapter, such personnel as may be necessary to act as guards at pedestrian crossings to ensure the safety of schoolchildren who use such intersections. (Added by Stats. 1978, Ch. 295.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 12. Particular Employees [45450 - 45451] SECTION 45451. Source version: id_d6146a31-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=12. The governing board of any school district which employs school crossing guards pursuant to this article may be reimbursed from funds including, but not limited to, those collected pursuant to Sections 42200 and 42201 of the Vehicle Code. (Added by Stats. 1978, Ch. 295.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 13. Classified School Employee Week [45460- 45460.] SECTION 45460. Source version: id_d6146a37-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=13. The third full week in May is designated as Classified School Employee Week. All public schools shall annually observe that week in recognition of classified school employees and the contributions they make to the educational community. The observances required by this section shall be integrated into the regular school program. This section shall apply to all schools under the jurisdiction of any school district or county board of education that has adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240), as well as to schools under the jurisdiction of any school district or county board of education that has not adopted the merit system. (Added by Stats. 1986, Ch. 45, Sec. 1. Effective April 2, 1986.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 14. Classified School Employee Summer Assistance Program [45500- 45500.] SECTION 45500. Source version: id_f0e6eb40-a948-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=14. (a) The Classified School Employee Summer Assistance Program is hereby established. (b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section. (c) A local educational agency may elect to participate in the program. A participating local educational agency shall notify classified employees, by January 1 during a fiscal year in which moneys are appropriated for purposes of this section, that the local educational agency has elected to participate in the program for the next school year. Once a local educational agency elects to participate in the program and notifies classified employees pursuant to this subdivision, the local educational agency is prohibited from reversing its decision to participate in the program for the next school year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section. (d) (1) A classified employee who elects to participate in the program shall notify the local educational agency, in writing, by March 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that the classified employee wishes to participate in the program for the applicable school year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable school year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two payments. A participating classified employee may elect to have up to 10 percent of the classified employee’s monthly pay withheld during the applicable school year. (2) A classified employee is eligible to participate in the program if the classified employee has been employed with the local educational agency for at least one year at the time the classified employee elects to participate in the program. (3) (A) A classified employee is eligible to participate in the program if the classified employee is employed by the local educational agency in the employee’s regular assignment for 11 months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee outside of their regular assignment. (B) For the 2020–21, 2021–22, and 2022–23 school years, for purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee as a result of an extension of the academic school year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible for this program. (4) (A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the local educational agency is more than sixty-two thousand four hundred dollars ($62,400) for an entire school year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay received directly from the local educational agency, the employing local educational agency shall exclude any pay received by the classified employee during the previous summer recess period. (B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a local educational agency during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph. (e) A local educational agency that elects to participate in the program shall notify the department in writing, by April 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that it has elected to participate in the program. The local educational agency shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable school year. (f) The department shall notify participating local educational agencies in writing, by May 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the department shall notify local educational agencies of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a result of participating in the program. (g) Participating local educational agencies shall notify participating classified employees, by June 1 during a fiscal year in which moneys are appropriated for purposes of this section, the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (d) by notifying the employing local educational agency no later than 30 days after the start of school instruction for the applicable school year. (h) The local educational agency shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices made by each participating classified employee pursuant to subdivision (d) in a separate account. (i) (1) A classified employee that separates from employment with a local educational agency during the applicable school year may request from the local educational agency any pay withheld from their paycheck pursuant to this section. (2) A classified employee, due to economic or personal hardship, may request from the local educational agency any pay withheld from their paycheck pursuant to this section. (3) A classified employee who requests any pay withheld by the local educational agency pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section. (j) Participating local educational agencies shall request payment from the department, on or before July 31 following the end of a school year during which the program was operative, on a form developed by the department, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (k) The department may use any unexpended balance of moneys appropriated in any prior fiscal year to the department for purposes of this section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks. (l) The department shall apportion funds to participating local educational agencies within 30 days of receiving a request for payment by the participating local educational agency pursuant to subdivision (j). The apportionment shall be determined for each local educational agency by the department on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (m) If the total amount requested by participating local educational agencies exceeds the amount appropriated for purposes of this section, the department shall prorate the amount apportioned to participating local educational agencies accordingly, based on the amounts requested pursuant to subdivision (j). (n) The participating local educational agency shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the department that is attributable to the amount withheld from that classified employee’s paychecks during the applicable school year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d). (o) The state match funding received by participating classified employees pursuant to this section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System. (p) (1) For the 2019–20 fiscal year, the program shall be funded pursuant to Section 85 of Chapter 51 of the Statutes of 2019. (2) For the 2020–21 fiscal year and each fiscal year thereafter, the operation of this section shall be contingent upon an appropriation in the annual Budget Act or another statute. (q) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, or joint powers authority described in subdivision (a) of Section 41023 and formed pursuant to the Joint Exercise of Powers Act (Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code). (2) “Month” means 20 days or four weeks of 5 days each, including legal holidays. (3) “Program” means the Classified School Employee Summer Assistance Program. (4) “Regular assignment” means a classified employee’s employment during the academic school year, excluding the summer recess period. (r) It is the intent of the Legislature that participating employees in this section include all classified employees, as defined in this chapter, including teacher assistants, that meet the specified program requirements. (s) Commencing with the annual Budget Act for the 2023–24 fiscal year, and notwithstanding Section 1.80 of the annual Budget Act, the funds appropriated in Item 6100-220-0001 of the annual Budget Act shall be available for encumbrance during both the fiscal year in which the funds are appropriated and the immediately following fiscal year. (Amended by Stats. 2025, Ch. 744, Sec. 5.5. (SB 147) Effective October 13, 2025. Operative January 1, 2026, pursuant to Sec. 16 of Stats. 2025, Ch. 744.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45160. Source version: id_d5da6efd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. The governing board of any school district, including city boards of education, shall fix and order paid the compensation of persons a part of the classified service and other employees not requiring certification qualifications employed by the board unless otherwise prescribed by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45162. Source version: id_d5dbf59f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. (a) The governing board of any school district shall, not later than the date prescribed by law for approval of the publication budget of every year, fix the annual salaries for the ensuing school year for all persons employed by the district in positions not requiring certification qualifications. The governing board may, at the time, include an increase in such annual salaries, all or part of which increase is conditional upon the actual receipt by the district of anticipated revenue from all sources. If the revenue actually received is less than that anticipated, the governing board may, at any time during the school year, reduce such annual salaries by an amount not to exceed the amount which was granted subject to the receipt of such revenues. (b) The governing board of a school district may, at any time during the school year, increase the salaries of persons employed by the district in positions not requiring certification qualifications. Such increase shall be effective on any date ordered by the governing board. (c) A governing board may, at any time, increase the wages or salaries of classified employees if the board or, in a merit system district, the personnel commission approves a classification change in a position, a class of positions, or any or all of the positions or classes of positions a part of the classified service. (d) The provisions of this section shall not be construed to permit a governing board to demote or dismiss an employee as a result of reclassification of a position or class of positions except as may otherwise be permitted by law. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1977, Ch. 53.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45163. Source version: id_d5dbf5a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. If the governing board of a school district cannot comply with the provisions of subdivision (a) of Section 45162 because it is engaged in a study, which was commenced prior to the commencement of the school year, to increase the salaries and wages of persons employed by such district in positions not requiring certification qualifications, the board may, by appropriate action taken prior to the final adoption of its budget, do either of the following: (a) Adopt an interim salary schedule which shall be the same schedule as for the preceding year, except that increases may be granted at that time based upon increased cost-of-living indexes, and provide that the salaries and wages fixed as a result of the study shall be payable for the entire school year to include the period thereof in which the study was conducted and final board action taken. (b) Provide that the salaries and wages fixed as a result of the study shall be effective only for that portion of the school year, as determined by the board at the time it takes action after the study has been completed. “Portion of the school year,” as used in this subdivision shall not be for any period of time less than the period of time remaining in the school year from the date the governing board adopts the salary schedule based on the study commenced prior to that school year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45165. Source version: id_d5dbf5a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. The governing board of any school district not paying the annual or monthly salaries of persons employed by the district in 12 equal monthly payments may withhold, upon election by the individual employee, from each payment made to such employee an amount as follows: (a) For an employee employed 11 months of a year an amount equal to 81/3 percent thereof and the total amount deducted to be paid not later than the 10th day of September next succeeding. (b) For an employee employed 10 months of a year an amount equal to 162/3 percent thereof and the total amount deducted to be paid in two equal monthly installments not later than the 10th day of August and the 10th day of September next succeeding. (c) For an employee employed nine months a year an amount equal to 25 percent thereof and the total amount deducted to be paid in three equal monthly installments not later than the 10th day of July, the 10th day of August and the 10th day of September next succeeding. If the provisions of Section 42644 are made applicable to any district the provisions of this section shall apply except that the amount deducted from each regular pay period and ultimate dates for payment of the amount deducted shall be computed and set in accordance with the system adopted under Section 42644. Once an employee has elected to be brought under the provisions of this section such election shall not be revocable until the commencement of the next ensuing fiscal year. However, in the event any employee leaves the service of the district by death or otherwise before receiving such moneys as may be due him, the amount due him shall be paid within 30 days of the last working day to him or any other person entitled thereto by law. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45166. Source version: id_d5dbf5a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. Orders for the payment of wages and payroll orders and warrants for the payment of wages of employees a part of the classified service in any public school system shall be drawn at least once during each calendar month, for those districts not using the provisions of Sections 42644, 42645, or 42646 of this code. Such payment shall be made on the last working day of the month in which the employee was in paid status. This section shall not prohibit a school district from making a payment of earned salary prior to the last working day of the pay period or of the month. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45167. Source version: id_d5dd7b47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. Whenever it is determined that an error has been made in the calculation or reporting in any classified employee payroll or in the payment of any classified employee’s salary, the appointing authority shall, within five workdays following such determination, provide the employee with a statement of the correction and a supplemental payment drawn against any available funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45168. Source version: id_c0b233e0-8395-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. (a) (1) Except as provided in subdivision (b), the governing board of each public school employer when drawing an order for the salary or wage payment due to a classified employee of the employer may, without charge, reduce the order by the amount that it has been requested in a revocable written authorization by an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any employee organization or bona fide association, whose membership consists, in whole or in part, of employees of that employer, and that has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of those employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. (2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on the increase at a time sufficiently before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired and permitted by the terms of the written authorization. The employee organization shall provide the school district with notification of the increase at a time sufficiently before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase that has been sent to all concerned employees. (3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board shall reduce the employee’s pay warrant by the designated amount in the next pay period after the governing board receives the notification. (4) The governing board shall, on the same designated date of each month, draw its order upon the funds of the employer in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to the employee organization during the pay period. (5) The governing board shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization. (6) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on the information provided by the employee organization to cancel or change authorizations, and the employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on that information. (7) A classified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a public school employer a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on its notification. (b) The governing board of each public school employer when drawing an order for the salary or wage payment due to a classified employee of the employer may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized employee organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized employee organization as required by an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order. (c) This section shall apply to public school employers that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2018, Ch. 53, Sec. 2. (SB 866) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45168.5. Source version: id_e4a339d8-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. (a) Notwithstanding any other law, the governing board of a school district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a classified employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee. (b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section. (2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs. (c) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (d) A school district or county office of education may not request, and the state board may not grant, a waiver of compliance with this section. (Amended by Stats. 2022, Ch. 920, Sec. 8. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 2. Salaries [45160 - 45169] SECTION 45169. Source version: id_d5dd7b4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=2. Upon initial employment and upon each change in classification thereafter, each classified employee shall be furnished two copies of his class specification, salary data, assignment or work location, together with duty hours and the prescribed workweek. The salary data shall include the annual, monthly or pay period, daily, hourly, overtime and differential rate of compensation, whichever are applicable. One copy shall be retained by the employee and the other copy shall be signed and dated by the employee and returned to his supervisor. The provisions of this section shall not apply to short-term, limited-term, or provisional employees, as those terms are defined in this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 3. Differential Compensation [45180 - 45186] SECTION 45180. Source version: id_d5df01f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=3. For purposes of this article, the following definitions shall apply unless the context indicates otherwise: (a) “Differential compensation” means either a reduction in the number of hours required to be actually worked or an increase in salary. (b) “Shift” means the number of hours worked and shall include a duty-free meal period of not less than one-half hour which, in the case of a seven- or eight-hour shift, shall occur approximately at the midpoint of the shift. This subdivision shall not apply to employees working six hours or less, or assigned to a split shift. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 3. Differential Compensation [45180 - 45186] SECTION 45181. Source version: id_d5df01f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=3. The governing board of every school district, or the personnel commission in any merit system school district, shall, insofar as it is possible to do so, determine the practices relating to morning and night shift salary differentials in the private employment fields in which it must compete for employees for its classified staff and shall consider the advisability of providing comparable salary differentials for its classified staff. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 3. Differential Compensation [45180 - 45186] SECTION 45182. Source version: id_d5df01f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=3. The governing board of any school district may provide differential compensation to those classified employees who perform duties of a distasteful, dangerous, or unique nature when, in the opinion of the board, such compensation is reasonably justified. In a merit system district, such differentials shall be based upon findings and recommendations of the personnel commission and shall not be applied in a manner contrary to the principle of like pay for like service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 3. Differential Compensation [45180 - 45186] SECTION 45183. Source version: id_d5df01f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=3. (a) Assignment of duties to bargaining unit employees for which differential compensation is designated, other than a temporary assignment of less than 20 working days, shall be made on the basis of seniority among those employees within the appropriate class who request such an assignment. (b) This section may be waived by agreement between the governing board of a school district and the exclusive representative of the unit of classified employees to be affected by the waiver. (Amended by Stats. 1995, Ch. 652, Sec. 2. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 3. Differential Compensation [45180 - 45186] SECTION 45184. Source version: id_d5df01f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=3. No employee assigned to work a shift entitled to differential compensation shall be demoted in class or grade as a result of such an assignment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 3. Differential Compensation [45180 - 45186] SECTION 45185. Source version: id_d5df01fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=3. An employee receiving differential compensation on the basis of his shift shall not lose such compensation if he is temporarily, for 20 working days or less, assigned to a shift not entitled to such compensation. The regular rate of pay for all purposes of an employee assigned to a shift which provides differential compensation shall be the differential rate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 3. Differential Compensation [45180 - 45186] SECTION 45186. Source version: id_d5e0889d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=3. This article shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45190. Source version: id_4907ec6d-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) Governing boards of school districts may grant voluntary leaves of absence and vacations, with or without pay, to persons employed in the classified service of the district. (b) If a school district places an employee on an involuntary leave of absence during the period the employee is charged with a criminal offense, is under a criminal investigation, or is waiting due to administrative delay for necessary job-related administrative determinations, then upon the conclusion of the proceedings in favor of the employee, the school district shall pay to the employee the employee’s full compensation for the period of the involuntary leave of absence upon the employee’s return to service in the school district. For purposes of this subdivision, “involuntary leave of absence” includes, but is not limited to, a compulsory leave of absence or a suspension. This subdivision shall not reduce any entitlement to paid leave or replace any relevant procedures under any other law. (c) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2023, Ch. 331, Sec. 1. (AB 472) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45191. Source version: id_eb7f351a-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) (1) Every classified employee employed five days a week by a school district shall be entitled to 12 days leave of absence for illness or injury and such additional days, in addition thereto, as the governing board may allow for illness or injury, exclusive of all days the classified employee is not required to render service to the school district, with full pay for a fiscal year of service. (2) A classified employee, employed five days a week, who is employed for less than a full fiscal year is entitled to that proportion of 12 days leave of absence for illness or injury as the number of months the classified employee is employed bears to 12 and the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. (3) A classified employee employed less than five days per week shall be entitled, for a fiscal year of service, to that proportion of 12 days leave of absence for illness or injury as the number of days the classified employee is employed per week bears to five and is entitled to the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. When such persons are employed for less than a full fiscal year of service this and the preceding paragraph shall determine that proportion of leave of absence for illness or injury to which they are entitled. (4) Pay for any day of absence described in paragraphs (1) to (3), inclusive, shall be the same as the pay which would have been received had the employee served during the day. Credit for leave of absence need not be accrued before taking such leave by the employee and such leave of absence may be taken at any time during the year. However, a new employee of a school district shall not be eligible to take more than six days, or the proportionate amount to which the employee may be entitled under this section, until the first day of the calendar month after completion of six months of active service with the district. (b) If the employee does not take the full amount of leave allowed in any year under this section the amount not taken shall be accumulated from year to year with such additional days as the governing board may allow. (c) The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purpose of this section. Such rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized religious sect, denomination, or organization. (d) The provisions of this section shall not apply to a school district or districts, governed by the same governing board, in which the combined average daily attendance of all school districts is in excess of 250,000, provided those school districts maintain sick leave policies not less than those in effect in those school districts on January 1, 1961. (e) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2022, Ch. 920, Sec. 9. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45191.5. Source version: id_d937c162-e417-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) (1) In addition to any other entitlement for leave of absence for illness or injury with pay, a classified employee hired on or after, or employed on or after, January 1, 2017, who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs, shall be entitled to leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability. (2) Credit for leave of absence for illness or injury granted under this subdivision shall be credited to a qualifying classified employee on the effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying classified employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment. (3) Notwithstanding paragraph (2), credit for leave of absence for illness or injury granted under this subdivision shall be credited to a classified employee on the date the employee receives confirmation of submission of his or her disability application to the United States Department of Veterans Affairs. When the classified employee receives his or her disability rating decision from the United States Department of Veterans Affairs, the employee shall report that information to the employer. If the classified employee’s disability rating decision makes the employee ineligible pursuant to paragraph (1), the employer may change the leave of absence for illness or injury time used before the disability rating decision to an alternative leave balance. If the classified employee’s disability rating decision makes the employee eligible pursuant to paragraph (1), the employee shall be entitled to 12 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability minus the time used before the disability rating decision, for the 12-month period beginning with the confirmation of submission of his or her disability application. (4) Leave of absence for illness or injury credited pursuant to this subdivision that is not used during the 12-month period shall not be carried over and shall be forfeited. (5) Submission of satisfactory proof that a leave of absence for illness or injury granted under this subdivision is used for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district. (b) A classified employee, as described in subdivision (a) and employed five days per week, who is employed for less than a full fiscal year, is entitled to that proportion of 12 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of months he or she is employed bears to 12. (c) A classified employee, as described in subdivision (a), employed less than five days per week, shall be entitled to that proportion of 12 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of days he or she is employed per week bears to five. When such persons are employed for less than a full fiscal year of service, this subdivision and subdivision (b) shall determine that proportion of leave of absence for illness or injury granted pursuant to subdivision (a) to which they are entitled. (d) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater leave of absence rights to employees than the rights established under this section. (Amended by Stats. 2017, Ch. 597, Sec. 2. (SB 731) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45192. Source version: id_cbe42c7e-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) The governing board of a school district shall provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a school district that is created or whose boundaries or status is changed by an action to organize or reorganize school districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the school district becomes effective for all purposes. (b) The rules and regulations shall include the following provisions: (1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident. (2) Allowable leave shall not be accumulative from year to year. (3) Industrial accident or illness leave will commence on the first day of absence. (4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day. (5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. (6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. (c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 45191. When entitlement to industrial accident or illness leave has been exhausted, entitlement or other sick leave will then be used, but if an employee is receiving workers’ compensation, the employee shall be entitled to use only so much of his or her accumulated or available sick leave, accumulated compensating time, vacation, or other available leave as, when added to the workers’ compensation award, will provide for a full day’s wage or salary. (d) The governing board of a school district may, by rule or regulation, provide for as much additional leave of absence, paid or unpaid, as it deems appropriate and during this leave the employee may return to his or her position without suffering any loss of status or benefits. The employee shall be notified, in writing, that available paid leave has been exhausted, and shall be offered an opportunity to request additional leave. (e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. (f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off, or other available leave provided by law or the action of the governing board of a school district, the employee shall endorse to the school district wage loss benefit checks received under the workers’ compensation laws of this state. The school district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. (g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of the employee’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations. (h) The governing board of a school district may require that an employee serve or have served continuously a specified period of time with the school district before the benefits provided by this section are made available to the employee but this period shall not exceed three years and all service of the employee before the effective date of this section shall be credited in determining compliance with the requirement. (i) In the absence of rules and regulations adopted by the governing board of a school district, pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of this leave and without any requirement of a specified period of service. (j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. (k) This section applies to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2016, Ch. 86, Sec. 63. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45193. Source version: id_6a0a197c-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. The governing board of any school district may provide for such leave of absence from duty as it deems appropriate for any female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy or convalescence following childbirth, and may adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2026, Ch. 65, Sec. 82. (AB 126) Effective July 9, 2026. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 83 of Stats. 2026, Ch. 65.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45193. Source version: id_8272571c-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) (1) A public school employer shall provide for a leave of absence from duty for an employee in the classified service of the public school employer who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions. (2) For part-time employees in the classified service, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following: (A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the public school employer. (B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the six-month period immediately preceding the date that the employee began their paid leave. (ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the entire period of that employment preceding the date that the employee began their paid leave. (3) Notwithstanding any other law, a public school employer shall maintain group health coverage for an employee who takes a leave of absence under this section for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence. (4) A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee for subsequent injury, illness, or disabilities, including those caused or contributed to by pregnancy, miscarriage, or childbirth, pursuant to state or federal regulations or laws, except as provided in subdivision (e). (5) Compensation during the leave of absence taken under this section shall include retirement fund contributions required of the public school employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions to the retirement fund. (b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by a public school employer. (c) Except as provided in this section, written and unwritten employment policies and practices of a public school employer shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities. (d) Except as provided in this section, there are no eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under this section. (e) A public school employer that has elected to become an employer subject to Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code pursuant to Section 710.4 of the Unemployment Insurance Code may apply the disability benefits of an employee under Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code in partial satisfaction of the requirements of this section. Full satisfaction of the requirements of this section is met if the employer ensures that the employee receives the full amount of pay during the leave of absence required by this section without a reduction to the vacation, sick, or other compensated leave time balances of the employee. (f) This section shall not apply to any employee classified as a substitute or temporary employee. (g) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (h) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section. (i) For purposes of this section, “public school employer” means a school district, county office of education, charter school, or educational joint powers authority. (j) This section shall become operative on January 1, 2027. (Repealed (in Sec. 82) and added by Stats. 2026, Ch. 65, Sec. 83. (AB 126) Effective July 9, 2026. Operative January 1, 2027, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45194. Source version: id_d5e20f49-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. Every person employed in the classified service of any school district shall be granted necessary leave of absence, not to exceed three days, or five days if out-of-state travel is required, on account of the death of any member of his immediate family. No deduction shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other sections of this code or provided by the governing board of the district. The governing board may enlarge the benefits of this section and may expand the class of relatives listed below as members of the immediate family. Members of the immediate family, as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45195. Source version: id_d5e20f4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. A permanent employee of the classified service who has exhausted all entitlement to sick leave, vacation, compensatory overtime, or other available paid leave and who is absent because of nonindustrial accident or illness may be granted additional leave, paid or unpaid, not to exceed six months. The employee shall be notified, in writing, that available paid leave has been exhausted, and shall be offered an opportunity to request additional leave. The board may renew the leave of absence, paid or unpaid, for two additional six-month periods or lesser leave periods that it may provide but not to exceed a total of 18 months. An employee, upon ability to resume the duties of a position within the class to which he or she was assigned, may do so at any time during the leaves of absence granted under this section and time lost shall not be considered a break in service. The employee shall be restored to a position within the class to which the employee was assigned and, if at all possible, to his or her position with all the rights, benefits and burdens of a permanent employee. If at the conclusion of all leaves of absence, paid or unpaid, the employee is still unable to assume the duties of his or her position, the employee shall be placed on a reemployment list for a period of 39 months. At any time, during the prescribed 39 months, the employee is able to assume the duties of his or her position the employee shall be reemployed in the first vacancy in the classification of his or her previous assignment. The employee’s reemployment will take preference over all other applicants except for those laid off for lack of work or funds under Section 45298 in which case the employee shall be ranked according to his or her proper seniority. Upon resumption of his or her duties, the break in service will be disregarded and the employee shall be fully restored as a permanent employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1987, Ch. 529, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45196. Source version: id_d5e395ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. When a person employed in the classified service is absent from his duties on account of illness or accident for a period of five months or less, whether or not the absence arises out of or in the course of employment of the employee, the amount deducted from the salary due him for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employee employed to fill his position during his absence. Excepting in a district the governing board of which has adopted a salary schedule for substitute employees of the district, the amount paid the substitute employee during any month shall be less than the salary due the employee absent from his duties. Entitlement to sick leave provisions under this section, if any, shall be considered “entitlement to other sick leave” for the purposes of computing benefits under the provisions of Section 45192 if the absence is for industrial accident or illness and shall be used after entitlement to all regular sick leave, accumulated compensating time, vacation or other available paid leave has been exhausted. The foregoing provisions shall not apply to any school district which adopts and maintains in effect a rule which provides that a regular classified employee shall once a year be credited with a total of not less than 100 working days of paid sick leave, including days to which he is entitled under Section 45191. Such days of paid sick leave in addition to those required by Section 45191 shall be compensated at not less than 50 percent of the employee’s regular salary. The paid sick leave authorized under such a rule shall be exclusive of any other paid leave, holidays, vacation, or compensating time to which the employee may be entitled. Nothing in this section shall preclude the governing board from adopting such a rule. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45196.1. Source version: id_dacca42b-fcd8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. (2) In school districts that use the differential pay system described in the first paragraph of Section 45196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. (3) In school districts that use the differential pay system described in the last paragraph of Section 45196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. (4) Regardless of the type of differential pay system used by the school district pursuant to paragraphs (2) and (3), the compensation a classified employee shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (b) For purposes of subdivision (a), all of the following apply: (1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. (2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. (c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district. (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. (e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. (f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (Amended by Stats. 2018, Ch. 994, Sec. 2. (AB 2012) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45196.5. Source version: id_d5e395ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. A school district may deduct from the salary otherwise payable to an employee under Section 45196 an amount which is payable, in lieu of salary and on account of the absence for illness or accident, to the employee as the beneficiary under a policy of insurance purchased by the district. This section shall not be applicable unless specifically included in a collective bargaining agreement between the exclusive representative and the school employer. (Added by Stats. 1978, Ch. 323.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45197. Source version: id_d5e395f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) Every public school employer shall grant to regular classified employees an annual vacation at the regular rate of pay earned at the time the vacation is commenced. Such vacation shall be as determined by the public school employer, but not less than five-sixths of a day for each month in which the employee is in a paid status for more than one-half the working days in the month, provided the employee is regularly employed five days per week, seven to eight hours a day. An employee in a paid status for less than one-half the working days in a month shall have his vacation credit accrued on the basis provided for in subdivision (b) or (c). (b) In lieu of accrual of vacation credit on a monthly basis and proration as prescribed in subdivision (a), a district may provide for accrual of vacation credit on any of the following bases: (1) For all employees or classes of employees who work a full workweek of 40 hours the district shall provide 0.03846 hour of vacation credit for each hour of paid service, not including overtime. (2) For all employees or classes of employees who work a full workweek of 37.5 hours the district shall provide 0.04087 hour of vacation credit for each hour of paid service, not including overtime. (3) For all employees or classes of employees who work a full workweek of 35 hours the district shall provide 0.04379 hour of vacation credit for each hour of paid service, not including overtime. (c) For all employees regularly employed for fewer than 35 hours a week, regardless of the number of hours or days worked per week, the vacation credit shall be computed at the rate of 0.03846 for each hour the employee is in paid status, not including overtime. (d) Vacation may, with the approval of the employer, be taken at any time during the school year. If the employee is not permitted to take his full annual vacation, the amount not taken shall accumulate for use in the next year or be paid for in cash at the option of the governing board. (e) Earned vacation shall not become a vested right until completion of the initial six months of employment. (f) The employee may be granted vacation during the school year even though not earned at the time the vacation is taken. (g) If an employee is terminated and had been granted vacation which was not yet earned at the time of termination of his services, the employer shall deduct from the employee’s severence check the full amount of salary which was paid for such unearned days of vacation taken. (h) Upon separation from service, the employee shall be entitled to lump-sum compensation for all earned and unused vacation, except that employees who have not completed six months of employment in regular status shall not be entitled to such compensation. (i) This section shall not apply to substitute, short-term, or limited-term employees, as they are defined in Sections 45103 and 45286, unless such employees are specifically included by the public school employer. (j) The public school employer may expand the benefits provided for in this section. (k) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45198. Source version: id_d5e395f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. When any provision of this code expressly authorizes or requires the governing board of a school district to grant a leave of absence for any purpose or for any period of time to persons employed in positions not requiring certification qualifications, that express authorization or requirement does not deprive the governing board of the power to grant leaves of absence with or without pay to such employees for other purposes or for other periods of time, so long as the governing board does not deprive any employee of any leave of absence to which he is entitled by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45199. Source version: id_d5e395f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. Governing boards of school districts may grant leaves of absence to persons employed in positions not requiring certification qualifications, and at their discretion may pay compensation at such rate as the board prescribes, during the absence, to any such employee whose absence is caused by accident or illness, whether or not the absence arises out of or in the course of the employment of the employee, or because of quarantine which results from his contact with other persons having a contagious disease while performing his duties. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45200. Source version: id_d5e51c97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. Governing boards of school districts may allow permanent classified employees to interrupt or terminate vacation leave in order to begin another type of paid leave without a return to active service, provided the employee supplies adequate notice and relevant supporting information regarding the basis for such interruption or termination. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45201. Source version: id_d5e51c99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) The governing boards of any school district may accept the resignation of any employee and may fix the time when the resignation shall take effect, which, except as noted in subdivision (b), shall not be later than the close of the school year during which the resignation is received by the board. (b) Notwithstanding any other provision of law, an employee and the governing board of a school district may agree that a resignation will be accepted at a mutually agreed upon date not later than two years beyond the close of the school year during which the resignation is received by the board. (Amended by Stats. 1999, Ch. 80, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45202. Source version: id_422f5768-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) A classified employee of a school district, county superintendent of schools, state special school, or community college district who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause shall have the total amount of earned leave of absence for illness or injury that the employee accumulated with that first employing school district, community college district, county superintendent of schools, or state special school pursuant to Section 45191 or 88191 transferred to the subsequent employing school district, county superintendent of schools, community college district, or state special school. This transfer shall be in the same manner as provided for certificated employees. The subsequent employing entity shall honor a transfer request made at any time during the classified employee’s employment with that employing entity. (b) In a case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board or body of the subsequent employing entity. (c) All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the subsequent employing entity, be construed to have been served with the subsequent employing entity for seniority purposes, except that the previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the governing board or body of the subsequent employing entity. (d) The school district, community college district, county superintendent of schools, or state special school shall not adopt a policy or rule, written or unwritten, which requires all classified employees, or any individual classification, or group of classifications of employees transferring to that school district, community college district, county superintendent of schools, or state special school to waive any part or all benefits that they may be entitled to have transferred pursuant to this section. (e) The former employing school district, county office of education, state special school, or community college district shall provide all of the following information when responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity: (1) Name and identification number for the employee requesting the transfer. (2) Contact information for that former employer. (3) The time period of the service, including start date and end date, for the employee requesting the transfer. (4) The total amount of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employer’s workday. (5) Contact information for the subsequent employing entity. (6) Signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information. (f) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2025, Ch. 67, Sec. 52. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45203. Source version: id_49142c4a-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. All probationary or permanent employees that are a part of the classified service shall be entitled to the following paid holidays provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday: January 1, February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” July 4, the first Monday in September known as “Labor Day,” November 11 known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” December 25, every day appointed by the President, or the Governor of this state, as provided for in paragraphs (11) and (12) of subdivision (a) of Section 37220 for a public fast, thanksgiving, or holiday, or any day declared a holiday under Section 1318 or 37222 for classified or certificated employees. School recesses during the Christmas, Easter, and mid-February periods shall not be considered holidays for classified employees who are normally required to work during that period. However, this shall not be construed as affecting vacation rights specified in this section. For purposes of this section, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. Regular employees of the district who are not normally assigned to duty during the school holidays of December 25 and January 1 shall be paid for those two holidays provided that they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period. When a holiday listed in this section falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday listed in this section falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a classified employee is required to work on any of these holidays, they shall be paid compensation, or given compensating time off, for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half the employee’s regular rate of pay. The provisions of Article 3 (commencing with Section 37220) of Chapter 2 of Part 22 shall not be construed to in any way limit the provisions of this section, nor shall anything in this section be construed to prohibit the governing board from adopting separate work schedules for the certificated and the classified services, or from providing holiday pay for employees who have not been in paid status on the days specified herein. Notwithstanding the adoption of separate work schedules for the certificated and the classified services, on any schoolday during which pupils would otherwise have been in attendance but are not and for which certificated personnel receive regular pay, classified personnel shall also receive regular pay whether or not they are required to report for duty that day. In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on March 31 known as “Cesar Chavez Day,” a paid holiday on April 24 known as “Genocide Remembrance Day,” a paid holiday on the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” and a paid holiday on the fourth Friday in September known as “Native American Day,” provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the paid holiday. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2025, Ch. 358, Sec. 4. (AB 268) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45204. Source version: id_d5e51c9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. Notwithstanding the provisions of Section 45203, if a school district establishes a position or class of positions for which employees are required to work exclusively on weekends and holidays, and for which a special salary rate is established that recognizes the exclusive weekend and holiday peculiarity, the employees and positions may be exempted, by the personnel commission, where applicable, or the governing board from the benefits of Section 45203. No governing board may create a position or a class of positions, under this section, to avoid payment of overtime. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45205. Source version: id_d5e6a341-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. Prior to July 1 of any school year, the governing board of any school district may designate other days during such year as the holidays to which classified employees are entitled in lieu of the holidays on February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” or November 11 known as “Veterans Day” as specified in Section 45203, provided that such designated days will provide for at least a three-day weekend. Classified employees shall be required to work on the regular holiday for which another day is designated pursuant to this section, and for work of eight hours or less, shall be paid compensation at their regular rate of pay. If any classified employee would be entitled to the regular paid holiday but would not be in a paid status during any portion of the working day immediately preceding or succeeding the day so designated in lieu of such holiday and therefore would not be entitled to such day in lieu of the holiday, he shall be entitled to the regular holiday; however, if he is required to work on such holiday, he shall be paid compensation at the rate of time and one-half of his regular rate of pay in addition to the regular pay received for the holiday. This section shall not be construed to authorize the maintenance of schools on holidays other than as provided in Article 3 (commencing with Section 37220) of Chapter 2 of Part 22 of this division. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45206. Source version: id_d5e6a343-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. Any school district which requires any classified employee to work a workweek other than Monday through Friday, or if such classified employee consents to a workweek including Saturday or Sunday or both, pursuant to Section 44048, and as a result thereof the employee loses a holiday to which he or she would otherwise be entitled shall provide a substitute holiday for such employee, or provide compensation in the amount to which the employee would have been entitled had the holiday fallen within his or her normal work schedule. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45206.5. Source version: id_d5e6a345-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. Notwithstanding any other provision of law, if the governing board of a school district does not designate September 9 known as “Admission Day” as a paid holiday for classified employees pursuant to Section 37222, the school district shall provide a substitute holiday for such employee. Such substitute holiday shall be provided as specified in Section 45205. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1978, Ch. 992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45207. Source version: id_d5e6a347-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) A probationary or permanent employee may, at his or her election, use any days of absence for illness or injury earned pursuant to Section 45191 in cases of personal necessity, including any of the following: (1) Death of a member of his or her immediate family when additional leave is required beyond that provided in Section 45194 and that provided, in addition thereto, as a right by the governing board. (2) Accident, involving his or her person or property, or the person or property of a member of his or her immediate family. (3) Appearance in any court or before any administrative tribunal as a litigant, party, or witness under subpoena or any order made with jurisdiction. (4) Other reasons that the governing board may prescribe. (b) The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for the purpose of this section. The adopted rules and regulations may not require an employee to secure advance permission for leave taken for the purposes specified in paragraphs (1) and (2) of subdivision (a). Earned leave in excess of seven days may not be used in any school year for the purposes enumerated in this section, except if either of the following conditions exist: (1) A maximum number of days in excess of seven is specified for that purpose in an agreement between the exclusive representative of the employees and the school district. (2) If there is no exclusive representative of the employees, the governing board of the school district, by resolution, adopts a policy allowing earned leave in excess of seven days to be used in any school year for the purposes enumerated in this section. (c) Authorized necessity leave shall be deducted from sick leave earned under the exemption of Section 45191. (d) “Immediate family” has the same meaning as in Section 45194. (e) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) and to school districts that may be exempted from Section 45191. (Amended by Stats. 2003, Ch. 843, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45209. Source version: id_d5e829e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. The Director of Employment Development is the administrator of the system of unemployment insurance, as provided in Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code. (Amended by Stats. 1977, Ch. 1252.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] SECTION 45210. Source version: id_cbc32917-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=4. (a) (1) The governing board of a school district shall grant to a classified employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of a local school district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated. (2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the school district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. (b) Upon request of a recognized local school district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated, the governing board of a school district shall grant a leave of absence, without loss of compensation, to a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization. Compensation during the leave shall include retirement fund contributions required of the school district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. (c) Following the school district’s payment of the employee for the leave of absence, the school district shall be reimbursed by the employee organization of which the employee is an elected officer or an unelected member for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the school district’s certification of payment of compensation to the employee. (d) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code. The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement. (e) For purposes of this section, “school district” also means “county superintendent of schools.” (f) The representing employee organization shall provide reasonable notification to the employer requesting a leave of absence without loss of compensation pursuant to subdivision (a). (g) (1) A classified employee who after August 31, 1987, was absent on account of elected-officer service, shall receive full service credit in the Public Employees’ Retirement System, provided that both of the following conditions are met: (A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service. (B) The employee organization of which the employee is an elected officer pays to the employee’s school district an amount equal to the required Public Employees’ Retirement System member and employer retirement contributions, as prescribed by this section. (2) The school district, following this written request and payment, shall transmit the amount received to the Public Employees’ Retirement System, informing it of the period of the employee’s leave of absence. The Public Employees’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence. (3) If the employee has been compensated by the school district for the period of the service, then, as a condition to the employee’s entitlement to service credit for this period, the school district shall be reimbursed by the employee organization for the amount of the compensation. (h) Notwithstanding any other provisions of law, this section shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1987. (i) This section shall not apply to an employee who is subject to a collective bargaining agreement that expressly provides for a leave of absence without loss of compensation for participation in authorized activities as an elected officer or an unelected member of the public employee organization. (Amended by Stats. 2021, Ch. 539, Sec. 3. (SB 294) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45220. Source version: id_d5e829ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. (a) “Common board” as used in this article means a board with identical members that governs more than one school district. “Common administration” as used in this section means the administration by a person employed by governing boards of more than one district or a common board to act as chief executive officer for more than one school district. (b) The term “a district whose average daily attendance is 3,000 or greater” shall be construed to include any district which is the only district under the jurisdiction of the county superintendent of schools regardless of its average daily attendance. It shall also include districts governed by a “common board” or which use a “common administration,” as defined in this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45221. Source version: id_d1500f19-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. (a) (1) The classified employees of a school district whose average daily attendance is 3,000 or greater, may, in accordance with this article, petition the governing board of the school district to make the provisions of Article 6 (commencing with Section 45240) applicable to the school district. That petition shall read substantially as follows: “We, the undersigned classified employees of the _______________ (name of school district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to election the question of whether or not the merit (civil service) system shall become applicable to this district. NAME POSITION CLASSIFICATION” (2) “Classified employee,” as used in this section, shall be construed to include all personnel who are a part of the classified service, as defined in Section 45103. (b) Within 120 days after receipt of the petition the governing board of the school district shall do all of the following: (1) Obtain the services of competent and qualified persons to present the pros and cons of the issue. Notwithstanding this paragraph, the classified employees who submitted the petition may select the person or persons to present the proponent position on the issue. (2) Provide adequate and ample opportunity for all of its classified personnel to attend one or more meetings at which the issue is presented. (3) (A) Having complied with paragraphs (1) and (2), conduct an election by secret ballot of its classified personnel to determine whether or not they desire to make the merit system applicable to the school district. The ballot shall read: “Shall the merit (civil service) system for classified employees be applicable in the ____________ (name of school district)? ☐ Yes ☐ No” (B) Although the ballot shall not require the employees’ signatures or other personal identifying requirements, the governing board of the school district shall devise an identification system to ensure against fraud in the balloting process while also ensuring ballot secrecy. (c) (1) The governing board of the school district shall appoint a three- or five-person tabulation committee, at least one member of which shall be a member of the governing board of the school district and at least one member of which shall be a classified employee designated by the largest exclusive representative of classified employees within the school district, to canvass the ballots and present the results to the governing board of the school district. No representative of the school district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. If a simple majority votes in favor of the merit system, that system shall become applicable in the school district. (2) The tabulation committee shall certify the results of the election to the governing board of the school district at the next regular or special meeting of the governing board of the school district following the date the committee completes tabulation of the votes. If the tabulation committee completes the tabulation on the same day that the governing board of the school district meets in regular or special session, the committee shall certify the results of the election to the governing board of the school district at that meeting. (d) If the school district communicates with classified employees in opposition to adopting the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the school district to communicate in favor of that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on adopting the system. (e) All election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. (Amended by Stats. 2021, Ch. 88, Sec. 1. (AB 289) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45222. Source version: id_d5e9b095-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. Effective upon certification to a governing board by a tabulating committee that an election, as authorized in Section 45221 of this code, has been successful, all of the provisions of Article 6 (commencing with Section 45240) of this chapter that can reasonably be construed to be applicable to classified employees shall be applicable. All of the provisions of Article 6 (commencing with Section 45240) of this chapter shall become fully effective upon appointment of at least two members of the personnel commission. The commission shall immediately adopt existing rules and regulations of the district relating to classified personnel pending the establishment of its rules and which are not inconsistent with law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45223. Source version: id_d5e9b097-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. The governing board of a school district whose average daily attendance is less than 3,000 may, by affirmative vote of a majority of its members, adopt the procedure set forth in Article 6 (commencing with Section 45240) of this chapter. The motion or a resolution for adoption of the system shall specify the date that the provisions of Article 6 shall be applicable to the classified employees of the district, which shall not be later than July 1 next following the date of adoption. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45224. Source version: id_d5e9b099-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. The governing board of a school district whose average daily attendance is 3,000 or more may, by affirmative vote of a majority of its members, and a county superintendent of schools, with the consent of the majority of the members of the county board of education, adopt the procedure set forth in Article 6 (commencing with Section 45240) of this chapter, provided a lawful petition has not been received as authorized in Section 45221, or may adopt the procedure at any time after a two-year period has elapsed following an unsuccessful election conducted in accordance with Section 45221 of this code. The motion, order, or resolution for adoption of the procedure shall specify the date that the provisions of Article 6 shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45224.5. Source version: id_d5e9b09b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. The procedure set forth in Article 6 (commencing with Section 45240) of this chapter may also be adopted by a majority of the voting electors of the school districts assenting to the plan after it has been placed on the ballot upon the written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the governing board. The question of adoption shall be placed on the ballot at the next regular governing board member election, or the next primary or general election in a general election year, whichever is earlier after receipt of the petition by the registrar of voters. The ballot measure shall specify the date that the provisions of Article 6 (commencing with Section 45240) of this chapter shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45225. Source version: id_d5e9b09d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. When an election has been held, as authorized in this article, and fails to receive a simple majority affirmative vote, the classified employees of that district may not again petition for an election until at least two years has elapsed since the last election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45226. Source version: id_d5eb373f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. Any person who intimidates, coerces, or discriminates in any way against any classified employee for the doing of any act authorized herein shall be personally liable to such employee for all damages suffered thereby and such exemplary damages as the court may allow. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 5. Merit System Inclusion [45220 - 45227] SECTION 45227. Source version: id_aa865ca9-c12e-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=5. (a) Positions established by a county superintendent of schools, while serving as the administrative agent for the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8, to carry out the purposes of Section 42127.8 and Article 6 (commencing with Section 49080) of Chapter 6.5 of Part 27 of Division 4, including positions associated with the California School Information Services, shall be exempt from the merit system, including, but not limited to, the requirements of Sections 45261 and 45272. (b) Employees exempted from the merit system under subdivision (a) shall remain a part of the classified service and shall be afforded all statutory rights, benefits, and burdens of other classified employees employed by nonmerit system school districts or county superintendents of schools, as applicable. (Added by Stats. 2020, Ch. 24, Sec. 39. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45240. Source version: id_259586d9-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. A school district that adopts the provisions of this article in accordance with Section 45222 or 45224.5 shall appoint a personnel commission in the manner prescribed in Sections 45245, 45246 and 45247. The personnel commission shall appoint a director in the manner provided in Section 45264 after appointment of at least two members. (Amended by Stats. 2005, Ch. 547, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45241. Source version: id_d5eb3745-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. In any district in which the procedure set forth in this article has been incorporated the governing board shall employ, pay, and otherwise control the services of persons in positions not requiring certification qualifications only in accordance with the provisions of this article. No governing board shall remove a position from the classified service by title assignment or otherwise which would then require an incumbent to be credentialed if such position is not required by this code to be designated as certificated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45243. Source version: id_d5ecbde7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. In any district that has adopted this article there shall be appointed a personnel commission composed of three members. If two or more districts are under the jurisdiction of governing boards of identical personnel, only one commission shall be appointed. In those cases this article shall apply alike to all of the districts, and the expenses of the commission shall be paid out of the general funds of all of the districts in proportion to the benefits derived therefrom as determined by the governing board. (Amended by Stats. 2000, Ch. 1, Sec. 3. Effective February 22, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45243.5. Source version: id_d5ecbde9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Notwithstanding Section 45243, in the case of a unified district and a community college district which are under the jurisdiction of governing boards of identical personnel and which had a majority of their population within an incorporated city which had a population between 70,000 and 75,000 as of the 1950 census, the governing board may, by affirmative vote of the majority of its members, elect to make the provisions of this article applicable to each of the districts individually and separately. In such cases, the expenses of the commission shall be paid out of general funds of the districts in proportion to the benefits derived therefrom as determined by the governing board. In the case of action by the governing board to make the provisions of this article applicable to each of the districts individually and separately, and notwithstanding any other provision of law, the rights of persons employed in positions not requiring certification qualifications shall continue in the same manner as if such separation had not occurred, except that such rights shall be limited to the district in which the person is employed on the day such action is taken by the governing board. For purposes of determining seniority, employment shall be deemed to have commenced as of the date of original employment in either the unified district or the community college district. (Added by Stats. 1980, Ch. 101, Sec. 1. Effective May 16, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45244. Source version: id_d5ecbdeb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) To be eligible for appointment or reappointment to the commission a person shall meet both of the following requirements: (1) Be a registered voter and resident within the territorial jurisdiction of the school district. (2) Be a known adherent to the principle of the merit system. No member of the governing board of any school district or a county board of education shall be eligible for appointment, reappointment, or continuance as a member of the commission. During his or her term of service, a member of the commission shall not be an employee of the school district. (b) As used in this section, residence is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one residence. (c) As used in this section, “known adherent to the principle of the merit system,” with respect to a new appointee, means a person who by the nature of his or her prior public or private service has given evidence that he or she supports the concept of employment, continuance in employment, in-service promotional opportunities, and other related matters on the basis of merit and fitness. As used in this section, “known adherent to the principle of the merit system,” with respect to a candidate for reappointment, means a commissioner who has clearly demonstrated through meeting attendance and actions that he or she does, in fact, support the merit system and its operation. (Amended by Stats. 2000, Ch. 1, Sec. 4. Effective February 22, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45245. Source version: id_d5ecbded-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. One member of the personnel commission shall be appointed by the governing board of the district and one member, nominated by the classified employees of the district, shall be appointed by the governing board of the district. Those two members shall, in turn, appoint the third member. As used in this section, “classified employees” shall mean an exclusive representative which represents the largest number of noncertificated employees in a unit or units within the district. If there is no exclusive representative within the district, the governing board shall, by written rule, prescribe the method by which the recommendation is to be made by its classified employees. (Amended by Stats. 2000, Ch. 1, Sec. 5. Effective February 22, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45246. Source version: id_d5ee448f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) Within 30 days after adoption of the system, the governing board shall publicly announce its intended appointee or appointees, as appropriate, and the appointee or appointees, as appropriate, nominated by its classified employees. As soon after their appointment as practicable but within 30 days, the appointed members shall announce their intended appointee for the third member. They may consider the recommendations of the governing board, the classified employees, or other concerned citizens. If these members do not announce their intended appointee within the 30-day period, the Superintendent of Public Instruction shall make the appointment. “Adoption of the system” means, in the case of Section 45221, the day on which a successful election is certified to the governing board or, in the case of Section 45224, the day the governing board approves a motion, order, or resolution to adopt the system regardless of the date specified for operational commencement of the system. (b) Where a system is already in existence and a vacancy will exist on December 1, by not later than September 30: (1) The governing board shall publicly announce the name of the person it intends to appoint or reappoint, if the vacancy is its appointee. (2) The appointee of the governing board and the appointee or appointees of the classified employees shall publicly announce the name of the person they intend to appoint, if the vacancy is their appointee. If the governing board and the classified employees of the district are unable to agree upon a nomination by September 30, the Superintendent of Public Instruction shall make the appointment within 30 days. (c) Where a system is already in existence and a vacancy in a position nominated by the classified employees will occur, the classified employees shall submit the name of its nominee to the governing board at least 30 days before the date on which the vacancy will occur and the governing board shall appoint that nominee to be effective on the date on which the vacancy would occur. (d) At a board meeting to be held after 30 and within 45 days of the dates specified in subdivision (a) and paragraph (1) of subdivision (b), as the case may be, the governing board in open hearing shall provide the public and employees and employee organizations the opportunity to express their views on the qualifications of those persons recommended by the governing board for appointment. The board at the time may make its appointment or may make a substitute appointment or recommendation without further notification or public hearing. In the case of the nominees of the classified employees, the board shall appoint the nominee, unless the classified employees voluntarily withdraw the name of the nominee and submit the name of a new nominee. In the latter case, the board then shall appoint the new nominee. (e) If a vacancy exists because of a failure of the classified employees to agree on a nominee, the board may make an emergency appointment as authorized in subdivision (b) of Section 45248. If there is no personnel director, the board nevertheless may make an emergency interim appointment under this subdivision. (f) At the next regularly scheduled personnel commission meeting to be held after 30 days from adoption of the system, as specified in subdivision (a), or at the next regularly scheduled personnel commission meeting to be held after 30 days from the day the intended appointee is announced, as specified in paragraph (2) of subdivision (b), as the case may be, the appointee of the governing board and the appointee nominated by the classified employees shall, in an open hearing, provide the public and employees and employee organizations the opportunity to express their views on the qualifications of each candidate recommended for the vacancy. Each candidate shall be invited to this meeting. The appointee of the governing board and the appointee nominated by the classified employees may make their appointment or may make a substitute appointment or recommendation without further notification or public hearing. (g) A commissioner whose term has expired may continue to discharge the duties of the office until a successor is appointed, but for no more than 90 calendar days. (Amended by Stats. 2000, Ch. 1, Sec. 6. Effective February 22, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45247. Source version: id_d5ee4491-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Appointees to a commission in a district which has newly adopted the system shall take office upon receipt of notification of appointment but the term of office shall run from noon of the first day of December next succeeding. In school districts with a three-member personnel commission, the initial appointee of the governing board shall serve a three-year term, and the term of the appointee recommended by classified employees, and the third member selected by the two other members shall be for two years and one year respectively. In school districts which have elected to establish a five-member personnel commission, one of the initial appointees of the governing board, and one of the initial appointees nominated by the classified employees shall serve three-year terms. The term of the other initial appointee of the governing board, and the other initial appointee nominated by the classified employees of the district, shall be for two years, and the term of the appointee selected by the other members of the commission shall be for one year. Subsequent terms shall be for three years commencing at noon the first day of December. A three-member commission may perform any act authorized or required by law when two members have been appointed. A five-member commission may perform any act authorized or required by law when three members have been appointed. (Amended by Stats. 1985, Ch. 723, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45248. Source version: id_d5ee4493-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) Appointment to vacancies occurring subsequent to the initial appointment shall be made by the original appointing authority either for a new full term or to fill an unexpired term. The procedures required in Sections 45245 and 45246 shall be followed in the appointment and recommendation for appointment to fill vacancies occurring subsequent to the initial appointments. (b) Notwithstanding subsection (a) the governing board at the request of the personnel director shall declare that an emergency exists and shall make an interim appointment to fill a vacancy or vacancies to insure the continuance of the functions of the personnel commission. An interim appointment shall terminate on the date the notification of permanent appointment is received by the appointee. (c) An interim appointee must meet the requirements of Section 45244 and be free of the restrictions contained therein. (d) An interim appointment in no event shall be valid for more than 60 days. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45249. Source version: id_d5ee4495-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) (1) After January 1, 2001, the classified employees of any school district that has already adopted this article on September 17, 1965, may, in accordance with this article, petition the governing board to request that the process to determine how personnel commission members are appointed be determined by a majority vote of the classified employees entitled to vote. That petition shall read substantially as follows: “We, the undersigned classified employees of the ____________ (name of school district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to an election the question of how personnel commission members shall be appointed. NAME ____ POSITION CLASSIFICATION _____________” (2) “Classified employee,” as used in this section, shall be construed to include all personnel who are a part of the classified service as defined in Section 45103. (b) (1) Within 90 days after receipt of a petition pursuant to subdivision (a), the governing board shall conduct an election by secret ballot of its classified personnel to determine the following question and the ballot shall read: “Shall personnel commission members in the ____________ (name of school district) be appointed as follows: (A) One member appointed by the governing board of the district. (B) One member appointed by the classified employees of the district. (C) Those two members shall, in turn, appoint the third member. ____ Yes ____ No” (2) Although the ballot conducted pursuant to paragraph (1) shall not require the employees’ signatures or other personal identifying requirements, the governing board shall devise an identification system to ensure against fraud in the balloting process. (3) The governing board shall appoint a three- to five-person tabulating committee. At least one member of the committee shall be a member of the governing board, to canvass the ballots and present the results to the governing board and one member shall be a classified employee nominated by the exclusive representative of the classified employees of the district. If a simple majority votes in favor of the process for appointing personnel commission members, that process shall become applicable in the district as follows: (A) The first vacancy on the commission shall be filled by a person nominated by the classified employees of the district. (B) The second vacancy on the commission shall be filled by a person appointed by the governing board of the district. (C) The third vacancy of the commission shall be appointed by the first two members. (4) If the ballot conducted pursuant to paragraph (2) fails to pass, personnel commission members shall be appointed in accordance with the procedure described in subdivision (c), and a petition by the classified employees for another election shall not occur sooner than two years after an election. (c) (1) Subject to subdivisions (a) and (b), in a school district that has already adopted this article on September 17, 1965, members of the personnel commission shall be appointed by the Superintendent of Public Instruction who shall consider the recommendation of the governing board and other interested parties. Subsequent appointments shall be made in accordance with this section. (2) No later than 90 days before making the appointment, the Superintendent of Public Instruction shall notify the classified employees and the governing board, in writing, of the vacancy on the personnel commission and provide them with guidelines and procedures for making a recommendation and challenging a nomination. If a vacancy occurs during the term of a member of the personnel commission, the superintendent may appoint a new member after providing the foregoing notice no later than 30 days before making the appointment. A commissioner whose term has expired may continue to discharge the duties of the office until a successor is appointed but for no more than 90 calendar days. (d) As used in this section, “classified employees” means an organization of classified employees that represents the greatest number of classified employees of the district as determined by the board. If no organization exists within the district, the governing board, by written rule, shall prescribe the method by which the recommendation is to be made by its classified employees. (Amended by Stats. 2000, Ch. 488, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45250. Source version: id_d5efcb37-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The governing board may authorize payment to members of the commission an amount not to exceed fifty dollars ($50) per meeting and not to exceed two hundred fifty dollars ($250) per month. (Amended by Stats. 1985, Ch. 723, Sec. 7.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45251. Source version: id_f959328e-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. In a unified school district with an average daily attendance in excess of 250,000, the governing board may authorize payment to members of the commission an amount not to exceed one hundred dollars ($100) per meeting, and not to exceed five hundred dollars ($500) per month. (Amended by Stats. 2022, Ch. 920, Sec. 10. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45252. Source version: id_d5efcb3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The governing board shall provide the commission with suitable office accommodations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45253. Source version: id_d5efcb3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) The commission shall prepare an annual budget for its own office which, upon the approval of the county superintendent of schools, shall be included by the governing board in the regular budget of the school district. The annual budget of the commission may include amounts for the purposes of Section 45255. (b) The budget shall be prepared for a public hearing by the commission to be held not later than May 30 of each year, or at a date agreed upon between the governing board and the personnel commission to coincide with the process of adoption of the school district budget. The commission shall forward a copy of its proposed budget to the governing board indicating the time, date and place for the public hearing of the budget and shall invite board and district administration representatives to attend and present their views. The commission shall fully consider the views of the governing board prior to adoption of its proposed budget. The commission shall then forward its proposed budget to the county superintendent of schools for action. (c) If the county superintendent of schools proposes to reject the budget as submitted by the commission of a school district, he or she shall, within 30 days after the commission’s submission of the budget, hold a public hearing on the proposed rejection within the affected district. He or she shall have informed both the commission and the governing board of the date, time and place of the hearing. He or she may after the public hearing either reject, or, with the concurrence of the commission, amend the proposed budget. In the absence of agreement between the personnel commission and the county superintendent, the budget of the preceding year shall determine the amount of the new budget, and the items of expenditure shall be determined by the commission. (d) If the county superintendent of schools proposes to reject the budget as submitted by the personnel commission of a county office of education, the county superintendent shall contract with the Office of Administrative Hearings of the State of California for an administrative law judge to conduct a public hearing on the proposed rejection. The administrative law judge shall render findings and any proposed amendments, if any, to the proposed budget. The personnel commission may accept or reject the findings and proposed amendments. If the personnel commission rejects the findings and proposed amendments, if any, of the administrative law judge, the budget of the preceding year shall determine the amount of the new budget, and the items of expenditure shall be determined by the commission. (e) The procedures of subdivision (d) apply if an individual serves as both the county superintendent of schools and the superintendent of a school district within the county. (Amended by Stats. 1995, Ch. 652, Sec. 3. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45254. Source version: id_d5f151df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The budget for the first year of the personnel commission of the school district shall be determined by the personnel commission, in conjunction with the governing board of the school district. In the absence of an agreement between the personnel commission and the governing board, the commission shall forward its proposed budget to the county superintendent of schools, who shall determine the budget based upon the average of personnel commission budgets of the same type of school districts that have comparable enrollment within the county. In the absence of comparable school districts within the county, comparable statewide averages shall be used. The governing board shall provide funds to support the work of the personnel commission. (Amended by Stats. 1993, Ch. 368, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45255. Source version: id_d5f151e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission may, with respect to the staff of the commission, expend funds for their orientation, training, retraining, and development and for any purpose prescribed by Article 9 (commencing with Section 45380) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45256. Source version: id_f00699ed-fcd8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the school district or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. “To classify” shall include, but not be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications. (b) All of the following are exempt from the classified service: (1) Positions that require certification qualifications. (2) Full-time students employed part time. (3) Part-time students employed part time in a college work-study program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds. (4) Apprentice positions. (5) Positions established for the employment of professional experts on a temporary basis for a specific project by the governing board of the school district or by the commission when so designated by the commission. (c) (1) Employment of either full-time or part-time students in a college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services. (2) Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law. (d) A person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall not be employed outside the classified service. (e) A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service. (f) An employee employed by a school district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the school district without placement on an eligibility list under Section 45272 or examination under Section 45273. (Amended by Stats. 2018, Ch. 488, Sec. 1. (AB 2160) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45256.5. Source version: id_d5f151e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) The governing board of a school district may adopt a resolution designating certain positions as senior management of the classified service. Notwithstanding the provisions of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the decision of the governing board shall not be deemed a matter subject to negotiation, but shall be subject to review by the Public Employment Relations Board. (b) Employees whose positions are designated as senior management of the classified service shall be a part of the classified service and shall be afforded all rights, benefits, and burdens of other classified employees, except that they shall be exempt from all provisions relating to obtaining permanent status in a senior management position. (c) Positions in the senior management of the classified service shall be filled from an unranked list of eligible persons who have demonstrated managerial ability who have been found qualified for the positions as specified by the district superintendent and determined by the personnel commission. (d) Notice of reassignment or dismissal from a position in the senior management of the classified service shall be provided in accordance with the provisions of Section 35031. (Amended by Stats. 1983, Ch. 1302, Sec. 16.5. Effective September 30, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45258. Source version: id_2c9c24f9-fcb9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Positions established for the employment of community representatives in advisory or consulting capacities shall be considered part of the classified service. (Repealed and added by Stats. 2018, Ch. 297, Sec. 2. (AB 2261) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45259. Source version: id_d5f151e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. If the governing board of any school district establishes positions and restricts initial appointment of new employees to mentally, physically, or developmentally disabled persons, then such positions shall, in addition to the regular class title, be classified as “restricted.” The positions shall be part of the classified service and persons so employed shall be classified employees for all purposes except they shall not be subject to the provisions of Section 45272 or 45273, and that they shall not acquire permanent status or seniority credit and shall not be eligible for promotion into the regular classified service until they have complied with the provisions of subdivision (c) of Section 45105. (Amended by Stats. 1981, Ch. 151, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45260. Source version: id_d5f2d88b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) The commission shall prescribe, amend, and interpret, subject to this article, such rules as may be necessary to insure the efficiency of the service and the selection and retention of employees upon a basis of merit and fitness. The rules shall not apply to bargaining unit members if the subject matter is within the scope of representation, as defined in Section 3543.2 of the Government Code, and is included in a negotiated agreement between the governing board and that unit. The rules shall be binding upon the governing board, but shall not restrict the authority of the governing board provided pursuant to other sections of this code. (b) No rule or amendment which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted by the commission until the exclusive bargaining representative and the public school employer of the classified employees who would be affected have been given reasonable notice of the proposal. (Amended (as amended by Stats. 1982, Ch. 1514, Sec. 1) by Stats. 1984, Ch. 521, Sec. 6.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45261. Source version: id_d5f2d88d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) The rules shall provide for the procedures to be followed by the governing board as they pertain to the classified service regarding applications, examinations, eligibility, appointments, promotions, demotions, transfers, dismissals, resignations, layoffs, reemployment, vacations, leaves of absence, compensation within classification, job analyses and specifications, performance evaluations, public advertisement of examinations, rejection of unfit applicants without competition, and any other matters necessary to carry out the provisions and purposes of this article. (b) With respect to those matters set forth in subdivision (a) which are a subject of negotiation under the provisions of Section 3543.2 of the Government Code, such rules as apply to each bargaining unit shall be in accordance with the negotiated agreement, if any, between the exclusive representative for that unit and the public school employer. (Amended by Stats. 1977, Ch. 1014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45262. Source version: id_25de76bb-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) The rules of the commission and copies of this article shall be printed and made available or electronically transmitted to each school, office, and permanent worksite where employees report, and shall be distributed to school libraries for loan to employees. (b) Within one year of the adoption of the merit system, the commission shall adopt rules pursuant to Section 45260 and shall give to each new regular employee a handbook that summarizes the basic rules and working conditions for classified employees and provides information regarding access to copies of the complete rules and the merit system. (Amended by Stats. 2005, Ch. 547, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45263. Source version: id_487f226a-c1b6-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission may classify as apprentice positions certain positions where the principal requirement is that of learning to perform efficiently, by study and practice, specific duties concerning which a definite plan of systematic instruction and special supervision has been approved by the California Apprenticeship Council for a designated trade in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other designated trades. The apprenticeship training plan adopted by the governing board of the school district must be approved by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. No assignment to any position classified as an apprentice position shall be allowed to continue beyond the predetermined apprenticeship period approved by the California Apprenticeship Council for the designated trade, except that the school district’s joint apprenticeship committee may approve retention of an employee as an apprentice up to six months beyond the predetermined apprentice period. Selection of eligibles shall be made in accordance with their position on employment lists established by competitive or qualifying examinations. The provisions of Section 45134 shall be applicable to apprentice positions, provided that relative age may be considered as a factor in the ranking of candidates for apprentice positions. Credit for prior training in a regularly indentured apprenticeship program shall be given to qualified candidates. In all cases of apprenticeship probationary periods, the standards of duration and qualifications shall be fixed by the commission insofar as they do not exceed the maximum standards set up by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. Termination for cause may be prescribed for any apprentice who fails to attain the predetermined standards of apprenticeship or for causes as prescribed by the rules of the commission. The commission shall recommend to the governing board a graduated scale of compensation rates for the various levels of apprentices, taking into consideration the percentage relationship to the districts’ journeyman wage of the trade as provided in the statement of policies of the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. The commission may determine that promotional examinations shall be held for entrance into various levels of apprentice positions and entrance into journeyman positions in a skilled trade. (Amended by Stats. 2018, Ch. 704, Sec. 2. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45264. Source version: id_d5f45f33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission shall appoint a personnel director within 90 days after the adoption of a merit system from an eligibility list established from a competitive examination given under the auspices of the commission. The commission shall appoint all employees paid from funds budgeted for the support of the commission and shall supervise the activities of those employees that are performed as part of the functions of the commission. Such employees shall be appointed from eligibility lists established pursuant to the provisions of this article, be classified employees of the school district and be accorded all the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, including representation by the appropriate exclusive representative, if any. (Amended (as amended by Stats. 1981, Ch. 784, Sec. 5) by Stats. 1984, Ch. 521, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45265. Source version: id_d5f45f35-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Notwithstanding the provisions of Section 45264, the personnel commission, in a school district or a county superintendent of schools office employing 100 or fewer classified employees, may, with the consent of a majority of the classified employees, contract for the services of a qualified personnel director with another school district having the merit (civil service) system, or a city or a county governmental agency if the city or county has a civil service system for the management of its employee personnel. Such a contract shall be for not more than two years and may be extended, with the approval of a majority of the classified employees, for additional periods not to exceed two years at one time. If at the end of any contract period the district or county superintendent’s office is employing more than 100 classified employees, the personnel commission shall then comply with the provisions of Section 45264. A contract approved under the provisions of this section shall become null and void in the event of district reorganization when the provisions of the contract, if continued in force would supersede or be in conflict with the provisions of Sections 45119 or 45120. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45266. Source version: id_d5f45f37-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in conformity with this article and the rules of the commission, and shall be free of prejudgment or bias in order to ensure the impartiality of the commission. He or she shall also act as secretary of the commission and shall prepare, or cause to be prepared, an annual report which shall be sent by the commission to the governing board. (b) A personnel director shall not advise or make recommendations to the commission regarding any disciplinary action appealed to the commission under Section 45305, if the personnel director is the party who brought the action against the employee. (Amended by Stats. 1985, Ch. 730, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45267. Source version: id_d5f45f39-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The provisions of Sections 45123, 45124, 45160, 45198, 45199, 45201, and 45202 are applicable to the employees of school districts which have adopted a merit system pursuant to the procedure set forth in this article. This section is declaratory of existing law. The sections here enumerated are to be construed and applied in the same manner and with the same effect as when they were applicable to the employees of such school districts prior to the enactment of Section 45100 by Chapter 1267 of the Statutes of 1959, and in accordance with the applicable provisions of this article and the rules of the Personnel Commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45268. Source version: id_d5f45f3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission shall recommend to the governing board salary schedules for the classified service. The governing board may approve, amend, or reject these recommendations. No amendment shall be adopted until the commission is first given a reasonable opportunity to make a written statement of the effect the amendments will have upon the principle of like pay for like service. No changes shall operate to disturb the relationship which compensation schedules bear to one another, as the relationship has been established in the classification made by the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45269. Source version: id_d5f5e5dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Any person who has been continuously employed in a position defined as a position in the classified service for a period of six months immediately preceding the date on which the procedure set forth in this article is adopted shall be deemed to be in the permanent classified service. No layoff or suspension of service during the time when the schools of the district are not in session shall count as an interruption of continuous service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45270. Source version: id_d5f5e5df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. All persons who have been continuously employed by a school district for less than six months immediately preceding the date on which the procedure set forth in this article is adopted shall be deemed to hold their positions under probationary classification. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45271. Source version: id_d5f5e5e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Any employee serving in a certificated position whose position is by virtue of change of law or based upon an evaluation made pursuant to subdivision (a) of Section 44065 of the duties of the employee and subject to Section 45285 shall be deemed to be in the classified service shall without examination become a member of the classified service in accordance with the terms of Sections 45269 and 45270. Full seniority rights shall be retained, except that no seniority credit shall be allowed by virtue of previous certificated service in case of layoff for lack of funds or lack of work. Any employee serving in a classified position whose position is by virtue of change of law deemed to be in the certificated service shall without examination become an employee of the certificated service and shall be deemed to have the necessary certification qualifications for that position. Full seniority rights will be retained, except that no seniority credit will be allowed by virtue of previous classified service in case of layoff for lack of funds or lack of work. Any such person who has been continuously employed in a regular position in the classified service for the length of time necessary to acquire permanency as a certificated employee shall be deemed to be a permanent certificated employee of the district. Any such person serving in a regular position in the classified service for an amount of time less than that deemed to be necessary to acquire permanency as a certificated employee shall be a certificated probationary employee of the district. That regular classified service shall be considered as probationary service toward the attainment of permanency by a certificated employee of the district. (Amended by Stats. 1995, Ch. 652, Sec. 5. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45272. Source version: id_d5f5e5e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) All vacancies in the classified service shall be filled pursuant to this article and the rules of the commission, from applicants on eligibility lists which, wherever practicable, as determined by the commission, shall be made up from promotional examinations, or appointments may be made by means of transfer, demotion, reinstatement, and reemployment in accordance with the rules of the commission. All applicants for promotional examinations shall have the required amount of service in classes designated by the commission or meet the minimum qualifications of education, training, experience, and length of service, which shall be determined by the commission to be appropriate for the class for which they have applied. Any promotional applicant who has served the required amount of time in a designated class or who meets the minimum qualifications for admission to a promotional examination shall be admitted to the examination. The commission shall place applicants on the eligibility lists in the order of their relative merit as determined by competitive examinations. The final scores of candidates shall be rounded to the nearest whole percent for all eligibles. All eligibles with the same percentage score will be considered as having the same rank. Appointments shall be made from the eligibles having the first three ranks on the list who are ready and willing to accept the position. (b) Upon the request of a majority of the members of the governing board of a district, the commission may exempt one or more executive secretarial positions from the requirements of this section. Exemptions authorized under this subdivision shall be limited to executive secretarial positions reporting directly to members of the governing board, the district superintendent, or not more than four principal deputies of the district superintendent, or all of these positions. Any person employed in an exempt executive secretarial position shall continue to be afforded all of the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, except he or she shall not attain permanent status in an executive secretarial position. Positions of executive secretary shall be filled from an unranked list of eligible employees who have been found to be qualified for the positions as specified by the district superintendent and determined by the personnel commission. Any person whose services in an executive secretarial position are discontinued for a cause other than a cause for disciplinary action specified in this code or in a rule of the commission shall have the right to return to a position in a classification he or she previously occupied or, if that classification no longer exists, in a similar classification, as determined by the commission. Nothing contained in this section shall authorize the selection of eligible candidates in circumvention of the affirmative action programs of any school district. (Amended by Stats. 1995, Ch. 652, Sec. 6. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45273. Source version: id_d5f5e5e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Examinations shall be administered objectively, and shall consist of test parts that relate to job performance. For classes of positions deemed by the commission to require an oral examination, the oral examination board shall include at least two members. Where a structured objective examination is to be administered to the entire field of candidates, a single member oral examination board may be utilized. A “structured objective examination” means, for this purpose, an examination for which the examiner exercises no discretion in the selection of the questions or in the evaluation of the answers. Unless specifically directed to evaluate candidates’ technical knowledge and skills, the oral examination board shall confine itself to evaluating general fitness for employment in the class. When the oral examination board is directed to evaluate technical knowledge and skills, at least two members of the board shall be technically qualified in the specified occupational area. Members of the governing board or personnel commission shall not serve on an oral examination board. A district employee may serve on an oral examination board if he or she is not at the first or second level of supervision over a vacant position in the class for which the examination is held. The personnel commission shall provide for the proceedings of all oral examinations to be electronically recorded. In no case will an oral examination board be provided with confidential references on employees of the district who are competing in promotional examinations. Scores achieved by the candidate on other parts of the examination shall not be made available to the oral examination board. (Amended by Stats. 1995, Ch. 652, Sec. 7. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45274. Source version: id_d5f5e5e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Examination records, including any recordings and the rating sheet of each member of the oral board for each candidate, shall be retained by the personnel commission for a period of not less than 90 days after promulgation of an eligibility list. The commission shall prescribe procedures whereby candidates may review and protest any part of an examination. In promotional examinations for classes for which continuous examination procedures have not been authorized, the review and protest period shall be held prior to regular appointment from the eligibility list. Examination records shall not be available to the public or to any person for any purpose not directly connected with the examination and shall be considered confidential but shall, within reasonable time limits, be made available to a candidate or his or her representative. (Amended by Stats. 1995, Ch. 652, Sec. 8. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45276. Source version: id_d5f76c8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The governing board shall fix the duties of all positions a part of the classified service as required by Section 45109. The board may recommend the minimum educational and work experience requirements for classified positions to the personnel commission. Minimum qualification requirements shall be subject to approval of the commission. In approving minimum educational and work experience requirements for classified positions, the commission shall insure that such requirements reasonably relate to the duties of the position, as established by the governing board, and that they will admit an adequate field of competition. No requirements may be approved which unduly or unreasonably restrict the field of competition. The position duties shall be prescribed by the board and qualification requirements for the position class shall be prepared and approved by the commission, required by this section, prior to issuance of an announcement calling for a competitive examination to fill position vacancies. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45277. Source version: id_d5f76c8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Appointments may be made from other than the first three ranks of applicants on the eligibility list when the ability to speak, read, or write a language in addition to English or possession of a valid driver’s license is a requirement of the position to be filled. The recruitment bulletin announcing the examination shall indicate the special requirements which may be necessary for filling one or more of the positions in the class. Where such a position is to be filled, using the authority of this section, the appointment shall be made from among the highest three ranks of applicants on the appropriate eligibility list who meet the special requirements and who are ready and willing to accept the position. If there are insufficient applicants who meet the special requirements, an employee who meets the special requirements may receive provisional appointments which may accumulate to a total of 90 working days. Successive provisional appointments of 90 working days or less each may be made in the absence of an appropriate eligibility list containing applicants who meet the special requirements if the personnel commission finds that the requirements of subdivisions (a) and (b) of Section 45288 have been met. These appointments may continue for the period of the provisional appointment, but may not be additionally extended if certification can later be made from an appropriate eligibility list. (Amended by Stats. 1984, Ch. 781, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45277.5. Source version: id_1ed86866-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Notwithstanding Section 45277, for the Los Angeles Unified School District, the following shall apply: (a) An appointment may be made from other than the first three ranks of eligible applicants on the eligibility list if one or more of the following are required for successful job performance of a position to be filled: (1) The ability to speak, read, or write a language in addition to English. (2) A valid driver’s license. (3) Specialized licenses, certifications, knowledge, or ability, as determined by the personnel commission of the school district, that cannot reasonably be acquired during the probationary period. (4) A specific gender, if it is a bona fide occupational qualification. (b) The recruitment bulletin announcing the examination shall indicate the special requirements that may be necessary for filling one or more of the positions in the classification. If a position is to be filled using the authority of this section, the appointment shall be made from among the highest three ranks of eligible candidates on the appropriate eligibility list who meet the special requirements of the position and who are ready and willing to accept the position. (c) If there are insufficient applicants who meet the special requirements, an employee who meets the special requirements may receive provisional appointments that may accumulate to a total of 90 working days. Successive provisional appointments of 90 working days or fewer each may be made in the absence of an appropriate eligibility list containing applicants who meet the special requirements if the personnel commission of the school district finds that the requirements of subdivisions (a) and (b) of Section 45288 have been met. These appointments may continue for the period of the provisional appointment, but shall not be additionally extended if certification can later be made from an appropriate eligibility list. (d) This section applies only to the following classifications: (1) Principal financial analyst. (2) Principal administrative analyst. (3) Senior administrative analyst. (4) Senior administrative assistant. (5) Senior financial analyst. (6) Information technology electronic communications technician. (7) Senior human resource specialist. (8) Any classifications that have been designated as management or confidential. (e) The school district that makes an appointment pursuant to this section shall study the effectiveness of the selection method, the vacancy rates for each class, and the length of time to hire for each class, and submit a report on its findings to any affected labor union. (f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2020, Ch. 67, Sec. 1. (AB 1859) Effective January 1, 2021. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45278. Source version: id_26c04a41-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) Written notices concerning tests, vacancies, transfer opportunities, and other selections of shifts, positions, assignments, classifications, or locations shall be posted at all work locations of employees who may be affected, not later than 15 working days prior to the closing date of filing appropriate applications, together with the normal use of newspapers and bulletins for public notice for open or promotional vacancies. If the subject of those notices affects a probationary or permanent classified employee who will not be reporting at his or her work location during periods when that employee is not normally required to work, including Christmas, Easter, summer recesses, and other paid or unpaid leaves of absences, including vacations, and who has previously requested notification, those notices shall be mailed to the employee. However, the failure of an employee to receive that notice shall not invalidate any procedure, if in fact the notice was placed in the U.S. mail and postage paid. (b) (1) Subdivision (a) does not apply to a school district that publishes and distributes to all work locations examination bulletins at least once each month, provided that records of employee requests for transfer and change of location are maintained and that the names of all candidates for transfer and change of location to a vacancy are certified to the appointing authority along with names of appropriate applicants from employment lists. (2) A school district may publish and distribute pursuant to paragraph (1) by electronic means. (c) The personnel commission shall establish procedures for the maintenance of employee requests for transfer, change of location, change of shift, and notification of forthcoming examinations. (Amended by Stats. 2005, Ch. 547, Sec. 5. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45279. Source version: id_d5f76c93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. A regular employee who is determined by the governing board to be incapable of performing the duties of his class because of illness or injury may, at the discretion of the governing board, be assigned duties which he is capable of performing. The position to which he is assigned shall be subject to classification by the personnel commission, but the employee shall receive no increase in a wage or salary because of his assignment to the position unless he is appointed from an eligibility list resulting from a competitive examination. In the event that the position is classified and allocated to a higher wage or salary than that previously attained by the employee, he may be assigned to the position without competitive examination, but shall continue to receive the wage or salary of his former classification. If the position is classified and allocated to a lower wage or salary than that attained by the employee, he shall be paid the wage or salary appropriate to the position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45280. Source version: id_d5f8f335-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the position of business manager or for any other single position class which it declares to be at or above the level of business manager. It shall require that all educational and work experience requirements be developed to fit the needs of the position in such a manner that the position will attract competent and qualified applicants from within the classified service, among certificated personnel, or other persons meeting the minimum requirements established for the position. Such rule shall provide: (a) that all permanent employees of the district, classified and certificated, who meet the established minimum qualifications, shall be eligible to compete in the examination as promotional candidates; (b) that promotional credits, including seniority credits, if any, shall be equally applicable to both classified and certificated promotional candidates; (c) that eligibility lists resulting from such an open competitive and promotional examination shall be merged according to the order of the examination scores into a single eligibility list, after the scores of each candidate on the promotional list have been adjusted for promotional credits, including seniority credits, if any; and (d) that the examination for any such position shall not be construed to be an entrance level position examination. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45281. Source version: id_d5f8f337-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission may by rule provide for the competition of persons employed by the governing board in positions required to have certification qualifications in promotional examinations for positions in the classified service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45283. Source version: id_d5f8f339-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. In any school district that has geographical boundaries encompassing more than 200 square miles and that divides the area it serves into smaller areas for assignment of classified personnel, the personnel commission may establish area eligibility lists in those areas where the district eligibility list is exhausted. Appointments to positions within the area shall be made from the first three ranks of persons on the area eligibility list, as determined by the commission, who are ready and willing to accept the position. The life of the new area eligibility list shall be not less than one year. The life of the list may be extended for up to an additional period of two years at the discretion of the commission. Seniority for the purpose specified in Section 45308 shall continue to be districtwide. (Amended by Stats. 1995, Ch. 652, Sec. 10. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45284. Source version: id_d5f8f33b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. When an open competitive examination and a promotional examination for a particular class are held at the same time, the commission may prior to the examination authorize certification for employment of candidates from the open competitive eligibility list before the promotional eligibility list has been exhausted if the candidate on the open list has a higher score before adjustment for preferential credits than the score of the highest available candidate on the promotional list after seniority credits have been added. (Amended by Stats. 1977, Ch. 535.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45285. Source version: id_d5f8f33d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) When all of the positions in a class are reclassified to a higher class, the incumbents of the positions who have been in the class for two or more years may be reclassified with their positions by the personnel commission. When a portion of the positions within a class are reclassified to a higher class, an incumbent who has a continuous employment record of two or more years in one or more of the positions being reclassified may be reclassified with his or her position as provided by personnel commission rule. (b) The basis for reclassification of the position shall be a gradual accretion of duties and not a sudden change occasioned by a reorganization or the assignment of completely new duties and responsibilities. Determinations as to gradual accretion shall be on the basis of guidelines provided by personnel commission rules. (c) An employee who has been reclassified with his or her position is ineligible for subsequent reclassification with his or her position for a period of at least two years from the initial action. (Amended by Stats. 2003, Ch. 181, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45285.5. Source version: id_d5fa79df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. No position classification or reclassification plan which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted by the commission until the exclusive bargaining representative and the public school employer of the classified employees who would be affected have been given reasonable notice of the proposed classifications or reclassifications. (Added by Stats. 1982, Ch. 1514, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45286. Source version: id_d5fa79e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Whenever the appointing power shall require the appointment of a person to a position, the duration of which is not to exceed six months, or, in case of an appointment in lieu of an absent employee, is not to exceed the authorized absence of said employee, the appointing power shall submit a request in which the probable duration of the appointment is stated. Eligibles shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such position as limited-term employees. Limited-term employees shall be subject to conditions affecting status and tenure during and after employment that the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position must be related to the emergency. (Amended by Stats. 2000, Ch. 1, Sec. 8. Effective February 22, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45287. Source version: id_d5fa79e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. When no eligibility list exists for a position in the classified service, an employee may receive provisional appointments which may accumulate to a total of 90 working days. A 90-calendar-day interval shall then elapse during which the person will be ineligible to serve in any full-time provisional capacity. No person shall be employed in provisional capacities under a given governing board for a total of more than 126 working days in any one fiscal year, except that when no one is available on an appropriate eligibility list for a part-time position, as defined in Section 45256, successive 90 working days provisional appointments may be made to the part-time position for a total of more than 126 working days in any one fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45288. Source version: id_d5fa79e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The personnel commission may authorize the extension of a provisional employee’s assignment for a period not to exceed 36 working days provided the following requirements are met: (a) An examination for the class was completed during the first 90 working days of his provisional assignment. (b) Evidence satisfactory to the personnel commission is presented indicating: (1) That an adequate recruitment effort has been and is being made. (2) That extension of the provisional assignment is necessary to carry on vital functions of the district. (3) That the position cannot be satisfactorily filled by use of other employment lists or procedures. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45289. Source version: id_d5fa79e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Successive provisional appointments of 90 working days or less each may be made in any class in the absence of an appropriate eligibility list; provided, that continuous examination procedures for the class have been authorized by the commission. Such successive provisional appointments may be made and persons employed in temporary capacities under a given governing board for a total of more than six months in any one year. Such appointments may continue for the length of time for which they were made, but may not be extended if a certification can be made from an appropriate eligibility list. While this section is in effect, it shall supersede any other provisions of this article (commencing at Section 45240) which are in conflict with this section, but only to the extent there is a conflict. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45290. Source version: id_d5fa79e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The appointing power may, to prevent the stoppage of public business when an actual emergency arises and persons on eligibility lists are not immediately available, make appointments for a period not to exceed 15 working days, in accordance with commission rule. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45291. Source version: id_d5fc008b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Combinations of successive eligibility lists may be made during their first year. Eligibles on lists established within the first year of the life of another list may be placed in the order of their relative excellence in the examination on the like list, if lists so merged have been promulgated under conditions and techniques which are sufficiently similar to preserve their competitive character. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45292. Source version: id_d5fc008d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission may provide for the continuous examination of applicants for both open and promotional examinations. (Amended by Stats. 1995, Ch. 652, Sec. 11. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45293. Source version: id_17611c15-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. No questions relating to political or religious opinions or affiliations, or relating to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, shall be asked of any applicant, or any candidate whose name has been certified for appointment, nor shall any discrimination be exercised therefor, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 4. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45294. Source version: id_003d6b30-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. “Veteran” as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, proof of which shall be submitted to the commission at the time of the examination. “Armed forces” means the United States Air Force, Army, Navy, Marine Corps, Space Force, or Coast Guard. (Amended by Stats. 2022, Ch. 379, Sec. 3. (AB 1715) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45295. Source version: id_d5fc0093-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. “Disabled veteran” as used in this article means any veteran, as defined in Section 45294, who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed forces. Proof of disability shall be deemed conclusive if it is of record in the United States Veterans Administration. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45296. Source version: id_d5fc0095-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. In the case of all entrance examinations, veterans with 30 days or more of service who become eligible for appointment by attaining the passing mark established for the examination, shall be allowed an additional credit of five points and disabled veterans shall be allowed an additional credit of 10 points, which shall be added to the percentages attained in the examinations by the veterans. Veterans shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentages attained by them in examinations after the credit of five points, or 10 points in the case of disabled veterans, is added. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45297. Source version: id_d5fd8737-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) Whenever, during the absence of an employee of a school district, or student body association operating under Sections 48930 to 48937, inclusive, in the active military service of the United States of America during any period of national emergency declared by the President of the United States of America, or during any war in which the United States of America is engaged, the position held by the employee at the time of his or her entrance into that military service is placed within the classified service of the district and an eligible list is established for the position through competitive examination, the employee shall, at his or her request made within six months after leaving that active military service under honorable conditions, be given forthwith an examination of substantially the same character and scope as the competitive examination through which the original eligibility list was established. The grade secured by the employee in that examination shall be deemed to be the grade he or she would have secured had he or she taken the competitive examination as a veteran, and the employee shall be placed on the original eligibility list accordingly with all the rights and privileges to which he or she would have been entitled had he or she had that place on the original eligibility list at the time of its establishment. (b) Notwithstanding subdivision (a), any member of the Military Reserve or the National Guard who is called to active duty, either voluntarily or involuntarily, during any period of national emergency declared by the President of the United States of America, or during any war in which the United States of America is engaged, shall be entitled to any rights, in addition to the rights accorded under subdivision (a), that are accorded that member under the federal Veterans’ Reemployment Rights Law or any other applicable provision of federal law. (Amended by Stats. 1992, Ch. 303, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45298. Source version: id_285a0bd4-47ec-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as follows: (1) The person’s reemployment shall take preference over new applicants. (2) The person shall have the right to participate in promotional examinations within the district during the period of 39 months. (3) If the person is reemployed in a new position and fails to complete the probationary period in the new position, he or she shall be returned to the reemployment list for the remainder of the 39-month period. The remaining time period shall be calculated as the time remaining in the 39-month period as of the date of reemployment. (b) An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff or to remain in his or her present position rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months, provided that the same tests of fitness under which the employee qualified for appointment to the class still apply. The personnel commission shall make the determination of the specific period eligibility for reemployment on a class-by-class basis. (c) An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in his or her former class or to a position with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list the employee shall be ranked on that list in accordance with his or her proper seniority. (Amended by Stats. 2012, Ch. 586, Sec. 1. (AB 2307) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45300. Source version: id_d5fd873b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Eligibility lists shall be established for a period of not less than one year except that when a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifying eligibles, and after due notice to eligibles who may have made themselves unavailable for appointment, terminate it before a year has expired. Eligibility lists may be established for a period of six months upon the approval of the personnel commission as long as the six-months’ duration of such a list is noted in the recruitment bulletin announcing the examination. If a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifying eligibles, and after due notice to eligibles who may have made themselves unavailable for appointment, terminate it before the expiration date. A list may be extended for an additional period of two years or less at the discretion of the commission. (Amended by Stats. 1995, Ch. 652, Sec. 12. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45301. Source version: id_507c08ff-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may establish a probationary period in a class not to exceed one year for classes designated by the commission as executive, administrative, or police classes. To receive permanent classified service status, each full-time peace officer and public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training shall serve in a probationary status for a period not less than one year from their date of appointment to that full-time position. (b) An employee shall not attain permanent status in the classified service until the employee has completed a probationary period in a class. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position shall be employed in the classification from which the employee was promoted. In any case the rules of the commission may provide for the exclusion of time while employees are on a leave of absence. The rights of appeal from disciplinary action before attainment of permanent status in the classified service shall be in accordance with Section 45305. (c) To the extent that this section, as amended by Senate Bill 874 of the 2021–22 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Senate Bill 874 of the 2021–22 Regular Session shall not apply to the school district until expiration or renewal of that collective bargaining agreement. (Amended by Stats. 2023, Ch. 131, Sec. 33. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45302. Source version: id_d5fd873f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. No person in the permanent classified service shall be demoted or removed except for reasonable cause designated by rule of the commission as detrimental to the efficiency of the service. This section shall not be construed to prevent layoffs for lack of work or lack of funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45303. Source version: id_d5fd8741-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. In addition to any causes for suspension or dismissal which are designated by rule of the commission, employees in the classified service shall be suspended and dismissed in the manner provided by law for any one or more of the following causes: (a) Knowing membership by the employee in the Communist Party. (b) Conduct specified in Section 1028 of the Government Code. (Amended by Stats. 1987, Ch. 1452, Sec. 388.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45304. Source version: id_d5fd8743-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) For reasonable causes, an employee may be suspended without pay for not more than 30 days, except as provided in this section, or may be demoted or dismissed. In this case, the school district shall, within 10 days of the suspension, demotion, or dismissal, file written charges with the commission. The personnel director shall give to the employee or deposit in the United States registered mail with postage prepaid, addressed to the employee at his or her last known place of address, a copy of the charges and inform the employee of his or her appeal rights. (b) Whenever an employee of a school district or county office of education is charged with a mandatory leave of absence offense, as defined in subdivision (a) of Section 44940, the governing board of the school district shall immediately place the employee upon a compulsory leave of absence for a period of time extending for not more than 10 days after the date of entry of the judgment in the proceedings. Once the employee is placed on leave of absence, he or she is subject to the provisions of Section 44940.5. (c) Whenever an employee of a school district or county office of education is charged with an optional leave of absence offense, as defined in subdivision (b) of Section 44940, the governing board of the school district may immediately place the employee upon a compulsory leave of absence in accordance with the provisions of Section 44940.5. (Amended by Stats. 2000, Ch. 1, Sec. 9. Effective February 22, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45305. Source version: id_d5ff0de5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a copy of the written charges by filing a written answer to the charges. Such an appeal is not available to an employee who is not in the permanent classified service except as provided by rules of the commission. An employee in the permanent classified service who has not served the time designated by the commission as probationary for the class may be demoted to the class from which promoted without recourse to an appeal or hearing by the commission, except as otherwise provided by rules of the commission; and provided, that such demotion does not result in the separation of the employee from the permanent classified service. Nothing in this section shall operate to alter the protections guaranteed under Section 45309. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45306. Source version: id_d5ff0de7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of an accused employee shall, order a hearing. The accused employee shall have the right to appear in person or with counsel and to be heard in his own defense. The decision shall not be subject to review by the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45307. Source version: id_d5ff0de9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. If the commission sustains the employee, it may order paid all or part of his full compensation from the time of suspension, demotion, or dismissal, and it shall order his reinstatement upon such terms and conditions as it may determine appropriate. The commission may modify the disciplinary action, but may not make the action more stringent than that approved by the board. In addition, the commission may direct such other action as it may find necessary to effect a just settlement of the appeal, including, but not limited to, compensation for all or part of the legitimate expenses incurred in pursuit of the appeal, seniority credit for off-duty time pending reinstatement, transfer or change of location of the employee, and expunction from the employee’s personnel record of disciplinary actions, cause, and charges which were not sustained by the commission. Upon receipt of the commission’s written decision the board shall forthwith comply with the provisions thereof. When the board has fully complied with the commission’s decision it shall so notify the commission in writing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45308. Source version: id_0df64c14-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) Classified employees shall be subject to layoff for lack of work or lack of funds. If a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in order of seniority. (b) (1) For purposes of this section, in school districts with an average daily attendance below 250,000 for service commencing or continuing after July 1, 1971, “length of service” means all hours in paid status, whether during the school year, a holiday, recess, or during any period that a school is in session or closed, but does not include any hours compensated solely on an overtime basis as provided for in Section 45128. Nothing in this section shall preclude the governing board of a school district from entering into an agreement with the exclusive representative of the classified employees that defines “length of service” to mean the hire date. For purposes of this section, in school districts with an average daily attendance of 250,000 or more, for service commencing or continuing after January 1, 1986, “length of service” shall be determined by the date of hire. (2) If a governing board enters into an agreement with the exclusive representative of classified employees that defines “length of service” to mean the hire date, the governing board may define “length of service” to mean the hire date for a classification of employee not represented by any exclusive bargaining unit. (c) This section does not preclude the granting of “length of service” credit for time spent on unpaid illness leave, unpaid maternity leave, unpaid family care leave, or unpaid industrial accident leave. In addition, for military leave of absence, “length of service” credit shall be granted pursuant to Section 45297. In the event an employee returns to work following any other unpaid leave of absence, no further seniority shall be accrued for the time not worked. (d) “Hours in paid status” shall not be interpreted to mean any service performed before entering into a probationary or permanent status in the classified service of the school district except service in restricted positions as provided in this chapter. (Amended by Stats. 2022, Ch. 920, Sec. 11. (SB 913) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45309. Source version: id_d5ff0ded-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Any permanent classified employee of a school district who voluntarily resigns from his permanent classified position may be reinstated or reemployed by the governing board of the district, within 39 months after his last day of paid service and without further competitive examination, to a position in his former classification as a permanent or limited-term employee, or as a permanent or limited-term employee in a related lower class or a lower class in which the employee formerly had permanent status. If the governing board elects to reinstate or reemploy a person as a permanent employee under the provisions of this section, it shall disregard the break in service of the employee and classify him as, and restore to him all of the rights, benefits and burdens of a permanent employee in the class to which he is reinstated or reemployed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45310. Source version: id_d600948f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. No warrant shall be drawn by or on behalf of the governing board of any district for the payment of any salary or wage to any employee in the classified service unless the assignment bears the certification of the personnel director that the person named in the assignment has been employed and assigned pursuant to this article and the rules of the commission. Whenever the commission, after a public hearing, finds that any appointment has been made in violation of this article or the rules of the commission as they apply to examination procedures, the commission may order that no salary warrant shall thereafter be drawn to the employee so appointed, for services rendered after the date of said order. Any violation of this article or the rules of the commission as they apply to examination procedures shall constitute grounds for the dismissal of the employee or employees guilty of such violation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45311. Source version: id_d6009491-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths. It may, at will, inspect any records of the governing board that may be necessary to satisfy itself that the procedures prescribed by the commission have been complied with. Hearings may be held by the commission on any subject to which its authority may extend as described in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45312. Source version: id_2e274b7f-fcd9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) (1) The commission may authorize a hearing officer or other representative to conduct any hearing or investigation that the commission itself is authorized by this article to conduct. Any such authorized person conducting the hearing or investigation may administer oaths, subpoena and require the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses to be taken in the manner prescribed by law for similar depositions in civil cases in the superior court of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. The commission may instruct the authorized representative to present findings or recommendations. The commission may accept, reject, or amend any of the findings or recommendations of the authorized representative. Any rejection or amendment of findings or recommendations shall be based either on a review of the transcript of the hearing or investigation or upon the results of the supplementary hearing or investigation as the commission may order. (2) For disciplinary cases against classified employees involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990, the commission shall hire a judge, as defined in Section 44990, to conduct any hearing or investigation that the commission itself is authorized by this article to conduct. The judge’s ruling shall be binding upon all parties. (3) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011 of this code, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077 of this code. (4) The term “representative of the respondent,” within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative. (b) The commission may employ hearing officers or other representatives by contract, or as professional experts or otherwise, and may adopt and amend rules and procedures as necessary to effectuate this section. (Amended by Stats. 2018, Ch. 996, Sec. 3. (AB 2234) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45313. Source version: id_2369fe78-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receipt of the written request, the legal counsel is deemed to have refused to aid or represent the commission in that matter. (b) (1) The legal counsel shall refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that at the time the request is made a conflict exists between the interests of the commission and the interests of the governing board or the school district. (2) Notwithstanding any other provision of this article, a member of the commission may also declare that a conflict exists between the interests of the commission and the interests of the governing board or the school district. A conflict shall not be found pursuant to this paragraph unless approved by a majority vote of the members of the commission. (c) If the legal counsel or the commission finds that a conflict exists, or if the legal counsel otherwise refuses to aid or represent the commission in a legal matter, the commission may employ its own attorney, and the reasonable cost of the attorney shall constitute a legal charge against the general funds of the school district. (Amended by Stats. 2020, Ch. 48, Sec. 1. (AB 2234) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45317. Source version: id_d6009497-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. Any person who willfully or through culpable negligence violates any of the provisions of this article is guilty of a misdemeanor. It is also unlawful for any person: (a) Willfully by himself or in cooperation with another person to defeat, deceive, or obstruct any person with respect to his right of examination, application, or employment under this article or commission rule. (b) Willfully and falsely to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under this article or commission rule, or to aid in so doing, or make any false representation concerning the same or the person examined. (c) Willfully to furnish to any person any special or secret information regarding contents of an examination for the purpose of either improving or injuring the prospects or chances of any person examined, or to be examined under this article or commission rule. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45318. Source version: id_d6009499-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. In every school district coterminous with the boundaries of a city and county, except for those paraprofessionals excluded from the charter provisions by a resolution adopted by the governing board of that district pursuant to Section 45100, employees not employed in positions requiring certification qualifications shall be employed, if the city and county has a charter providing for a merit system of employment, pursuant to the provisions of that charter providing for that system and shall, in all respects, be subject to, and have all rights granted by, those provisions; provided, however, that the governing board of the school district shall have the right to fix the duties of all of its noncertificated employees. (Amended by Stats. 1991, Ch. 287, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45319. Source version: id_dc791d5d-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. (a) A merit (civil service) system within a school district may be terminated by one of the following methods: (1) (A) If the governing board of a school district, or a county board of education, receives a written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the board calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years or has been imposed pursuant to the terms of Section 45119 or 45120, the board shall order the county superintendent of schools to place the question of termination of the system on the ballot at the next regular governing board member election, or county board of education member election, or the next primary or general election in a general election year, whichever is the earlier after receipt by the county superintendent of schools. (B) The statement of purpose of the election shall read: “Shall the merit (civil service) system for school employees not requiring certification qualifications, as provided for in Article 6 (commencing with Section 45240) of Chapter 5 of Part 25 of Division 3 of Title 2 of the Education Code of the State of California, and which has been in operation for at least five years, be terminated by the ____ School District of ____ County (or counties, where appropriate), or by the County Office of Education of ____ County on ____ (date to be specified by board)?” (C) The petition calling for the election, to be valid, shall contain the statement of purpose for the election as contained in this section. (2) (A) If the governing board of a school district, or the county board of education, receives a written petition from 40 percent of the classified employees entitled to vote calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years or has been imposed pursuant to the terms of Section 45119 or 45120, the governing board of the school district shall conduct an election by secret ballot of its classified personnel to determine whether or not they desire to have the merit system terminated within the school district. The ballot shall read: “Shall the merit (civil service) system for classified employees be terminated in the ____ (name of school district, or county office of education) as of ____ (termination date)?” (B) As used in this subdivision, “classified employees” means all personnel who are a part of the classified service who are appointed in accordance with Section 45272. (C) In order to be valid, the petition calling for the termination of the merit (civil service) system shall be submitted to the governing board of the school district within 90 days after the date that the notice for the circulation of the petition was filed with the governing board of the school district. The election shall be held during the regular school year and shall be held no earlier than 45 days and no later than 180 days after the date that the petition was submitted to the governing board of the school district. (D) If the merit system was adopted pursuant to Section 45224.5, classified employees entitled to vote in an election pursuant to this paragraph shall be limited to those classified employees who reside in the school district. (E) The governing board of the school district shall devise an identification system designed to protect against fraud in the balloting process while also ensuring ballot secrecy. In addition, the governing board of the school district shall appoint a three-member tabulation committee consisting of one member of the governing board of the school district, one member of the personnel commission of the school district, and one member who shall be a classified employee of the school district designated by the largest exclusive representative of classified employees within the school district. It shall be the responsibility of the tabulation committee to canvass the election ballots and to certify the results of the election to the governing board of the school district at the next regular meeting of the governing board of the school district following the completion of the tabulation of the election ballots by the committee. No representative of the school district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. (F) Notwithstanding any other law, the governing board of the school district shall not be required to provide release time for classified personnel to vote in an election conducted pursuant to this paragraph. The governing board of the school district shall not conduct an election under this paragraph more than once in any two-year period. (G) Members of the classified service shall be provided an adequate and ample opportunity to be informed of the arguments in favor of and in opposition to the termination of the merit (civil service) system before the conducting of an election called pursuant to this paragraph. That opportunity shall include an open forum during which proponents of, and opponents to, the termination of the merit (civil service) system shall be permitted to debate the issue. (b) If the school district communicates with classified employees in favor of terminating the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the school district to communicate against terminating that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on terminating the system. (c) (1) It shall be unlawful for a public school employer and the exclusive representative of the classified employees of a school district to include the subject of the termination of the merit (classified service) system within the scope of representation. (2) Notwithstanding paragraph (1) or any other law, all election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. (Amended by Stats. 2021, Ch. 88, Sec. 2. (AB 289) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6. Merit System [45240 - 45320] SECTION 45320. Source version: id_d6021b3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6. If the majority of the qualified electors vote to terminate the merit system in a school district, or a county office of education, or if the majority of the classified employees vote to terminate the merit system in a school district, or a county office of education the personnel commission shall cease to function on the date specified in the election and the law pertaining to merit system districts, or county offices of education shall cease to have any force or effect in that district or county office of education. Simultaneously, with the termination of the merit system, the governing board shall adopt rules and regulations relating to classified school employees as required by Section 45113. Notwithstanding an action to terminate the merit system in a school district, or county office of education, the provisions of Section 45221, 45223, and 45224 shall be applicable at any time after at least two years have elapsed after the system has ceased to operate. (Amended by Stats. 1982, Ch. 188, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 6.5. Paraprofessionals [45330- 45330.] SECTION 45330. Source version: id_9a7984bd-3182-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=6.5. (a) As used in this section, a paraprofessional means a person who assists classroom teachers and other certificated personnel in instructing reading, writing, and mathematics. A paraprofessional includes an instructional aide as defined in subdivision (a) of Section 45343 and a teacher aide as described in Section 45360. (b) A paraprofessional shall perform only duties that, in the judgment of the certificated personnel to whom the instructional aide is assigned, may be performed by a person not licensed as a classroom teacher. These duties shall not include assignment of grades to pupils. (c) Pursuant to the federal No Child Left Behind Act of 2001 (P.L. 107-110), a local education agency that receives funding from Title I of that act shall ensure that every paraprofessional hired on or after January 8, 2002, who is supported by those Title I funds and who assists in instruction has demonstrated at least one of the following in addition to any other requirements under that act: (1) Completion of at least two years of study at an institution of higher education. (2) Possession of an associate’s degree or higher. (3) Through a local or state assessment, that is appropriate to the responsibilities to be assigned to the paraprofessional, knowledge of, and ability to assist in, instructing reading, writing, and mathematics. (d) Except as provided in subdivision (h), a paraprofessional hired prior to January 8, 2002, who is supported by federal funds from Title I of the federal No Child Left Behind Act of 2001 (P.L. 107-110) shall meet the requirements of subdivision (c) no later than January 8, 2006. (e) No person shall be initially assigned to assist in instruction as a paraprofessional in kindergarten and grades 1 to 12, inclusive, unless the person has demonstrated proficiency in reading, writing, and mathematics skills up to or exceeding that required by the employing district for high school seniors pursuant to subdivisions (a) and (f) of Section 51220 if the employing district educates high school pupils. (f) If the employing district is an elementary school district, the paraprofessional shall demonstrate proficiency in reading, writing, and mathematics skills up to or exceeding that required for high school seniors pursuant to subdivisions (a) and (f) of Section 51220 in the high school district that includes all or the largest portion of the elementary district. (g) In establishing the educational qualifications or in developing a proficiency exam, a school district shall align the qualifications and proficiency exams pursuant to paragraph (3) of subdivision (c). (h) A paraprofessional who is supported by federal funds from Title I of the federal No Child Left Behind Act of 2001 (P.L. 107-110) and who meets either of the following conditions is exempt from the requirements described in paragraphs (1) to (3), inclusive, of subdivision (c): (1) The paraprofessional is proficient in English and a language other than English and provides services primarily to enhance participation of pupils by acting as a translator. (2) The paraprofessional’s duties consist solely of conducting parental involvement activities. (i) A paraprofessional who was hired on or before January 1, 2003, and who has previously demonstrated, through a local assessment, knowledge of, and an ability to assist in, instructing reading, writing, and mathematics, is deemed to have met the proficiency exam requirements of paragraph (3) of subdivision (c). (j) A school district may use an existing proficiency assessment or may develop a new proficiency assessment to meet the requirements of paragraph (3) of subdivision (c). (k) Pursuant to the federal No Child Left Behind Act of 2001 (P.L. 107-110), a local education agency may use a portion of the funds from that act for staff development for paraprofessionals, to the extent that those funds are appropriated in the annual Budget Act for this purpose. (Amended by Stats. 2011, Ch. 296, Sec. 68. (AB 1023) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45340. Source version: id_d6052785-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. This article may be cited as the Instructional Aide Act of 1968. The provisions of this article shall apply to personnel referred to in Sections 35021, 44833, 44835, 54422, 54481, 54482, 54525, or any other section heretofore or hereafter enacted, who perform the duties of instructional aides. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45341. Source version: id_d6052787-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. The Legislature recognizes the need to provide classroom teachers and other certificated personnel with more time to teach and to provide the means for them to utilize their professional knowledge and skills more effectively in the educational programs of the public schools. It is the intent of the Legislature to authorize the employment of instructional aides in order that classroom teachers and other certificated personnel may draw upon the services of such aides to assist them in ways determined to be useful in improving the quality of educational opportunities for pupils. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45342. Source version: id_d6052789-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. Instructional aides shall not be utilized to increase the number of pupils in relation to the number of classroom teachers in any school, any school district, or in the state. Notwithstanding the foregoing provisions, class size ratios existing in special education classes prior to November 13, 1968, may be maintained or decreased, but not increased, by use of instructional aides. All instructional aide positions in a school district shall be assigned the basic title of “instructional aide” or other appropriate title designated by the governing board. To provide for differences in responsibilities and duties, additions to the basic title may be assigned such as “instructional aide I or II” or “instructional aide—volunteer,” or other appropriate title. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45343. Source version: id_d605278b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. (a) As used in this article, “instructional aide” means a person employed to assist classroom teachers and other certificated personnel in the performance of their duties and in the supervision of pupils and in instructional tasks which, in the judgment of the certificated personnel to whom the instructional aide is assigned, may be performed by a person not licensed as a classroom teacher. (b) “Any school district” means a school district or a county superintendent of schools who employs classroom teachers in the public schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45344. Source version: id_d605278d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. (a) Subject to the provisions of this article, any school district may employ instructional aides to assist classroom teachers and other certificated personnel in the performance of duties as defined in Section 45343. An instructional aide shall perform only such duties as, in the judgment of the certificated personnel to whom the instructional aide is assigned, may be performed by a person not licensed as a classroom teacher. These duties shall not include assignment of grades to pupils. An instructional aide need not perform such duties in the physical presence of the teacher but the teacher shall retain his responsibility for the instruction and supervision of the pupils in his charge. (b) Educational qualifications for instructional aides shall be prescribed by the school district employer and shall be appropriate to the responsibilities to be assigned. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45344.5. Source version: id_d605278f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. (a) No person shall be initially assigned to assist in instruction as an instructional aide unless the person has demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to Section 45330. (b) A school district may charge prospective aides taking the district’s proficiency test a fee to fund the costs incurred by the district in giving the test. This fee may be subject to negotiation between the district and the exclusive representative of instructional aides, but in no event shall the fee exceed seven dollars ($7). (c) An instructional aide who passes a district proficiency test as required by this section, transfers to another district, and is employed in the same capacity shall be considered to have met the proficiency standards for purposes of this section unless the district to which he or she has transferred determines that the test taken by the aide is not comparable to the standards required by the employing district. (Amended by Stats. 2002, Ch. 1080, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45345. Source version: id_d606ae31-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. Notwithstanding the provisions of Section 48950, no instructional aide shall give out any personal information concerning any pupil who is not his own child or ward, except under judicial process, to any person other than a teacher or administrator in the school which the pupil attends. A violation of this section may be a cause for disciplinary action, including dismissal. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45346. Source version: id_d606ae33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. Classroom teachers and other certificated personnel shall not be required to hold a standard supervision credential or a standard administration credential as a prerequisite to the supervision and direction of instructional aides. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45347. Source version: id_d606ae35-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. (a) An instructional aide shall not be deemed a certificated employee for the purposes of apportioning state aid and no regrouping of pupils with instructional aides shall be construed as a class for apportionment purposes. (b) Instructional aides shall be classified employees of the district, and shall be subject to all of the rights, benefits, and burdens of the classified service, except as specified in Section 45105 for “restricted” positions. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45348. Source version: id_d606ae37-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. The school district shall pay to each person employed as an instructional aide compensation at a rate not less than the minimum hourly rate prescribed by federal law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7. Instructional Aides [45340 - 45349] SECTION 45349. Source version: id_d606ae39-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7. Notwithstanding the provisions of this article, or any other provisions of law, a school district may utilize volunteers in the supervision and instruction of pupils, but any such volunteer shall be subject to the provisions of Section 35021 and this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7.5. Teacher Assistants [45350 - 45356] SECTION 45350. Source version: id_d60834dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7.5. The purposes of this article include the following: (a) To enhance the teaching of reading, language arts, mathematics, social science, science, and other basic academic subjects to general education pupils in grades 1 to 6, inclusive. (b) To begin to reduce the impact of large classes in grades 1 to 6, inclusive, through the use of trained teacher assistants, operating within the classroom of a certificated teacher under the direction of that teacher. (c) To develop, in persons who want to be teacher assistants, competency in specific academic subjects that are part of the curriculum in grades 1 to 6, inclusive, and in child development theory. In order to qualify as a teacher assistant for purposes of this article, a person shall meet both of the following conditions: (1) Successful completion of a two-year course of study at a California community college, pursuant to which the applicant has been awarded an Associate of Arts, Teacher Assistant degree. (2) Passage of an examination developed and administered for this purpose by the Commission on Teacher Credentialing. (Added by Stats. 1989, Ch. 1345, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7.5. Teacher Assistants [45350 - 45356] SECTION 45351. Source version: id_d60834df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7.5. (a) No later than June 30, 1990, the Office of the Chancellor of the California Community Colleges shall issue requests for proposal from community college districts for the establishment of an Associate of Arts, Teacher Assistant program. The requests for proposal shall describe the requirements set forth in subdivision (c), and shall be developed in consultation with representatives of the Superintendent of Public Instruction, the President of the University of California, the Chancellor of the California State University, the Chancellor of the California Community Colleges, the Executive Director of the California Postsecondary Education Commission, the Commission on Teacher Credentialing, the statewide Academic Senate for Community Colleges, and the President of the Association of Independent Colleges and Universities. That program shall include, but not necessarily be limited to, the two-year course of study described in Section 45350 and the awarding of an Associate of Arts, Teacher Assistant degree. (b) The chancellor shall select two community college districts from separate geographic areas of this state for the purposes of this section, and shall allocate to each of those districts for the 1990–91 school year a planning grant of not less than twenty-five thousand dollars ($25,000). (c) Each of the community college districts selected and funded under this section shall do all of the following: (1) Implement the Associate of Arts, Teacher Assistant program in one or more community colleges, commencing with the 1991–92 school year. (2) Ensure that each student enrolled in the program shall work under the direct supervision of a credentialed classroom teacher. (3) Design the program to ensure that credit hours earned under the program at any community college are transferable to teacher preparation programs conducted at California State University campuses in the same region as that community college. (4) No later than October 1, 1993, collect, and make available to the California Postsecondary Education Commission for purposes of the evaluation described in Section 45355, the following data for the 1991–92 and 1992–93 school years: (A) The number of persons who enrolled in the program, and the number of persons who completed the program. (B) Demographic information concerning those persons. (C) The number and percentage of graduates of the program who pass the examination described in subdivision (c) of Section 45350. (D) The number and percentage of graduates of the program who have obtained employment as teacher assistants, as reported pursuant to Section 45353. (Added by Stats. 1989, Ch. 1345, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7.5. Teacher Assistants [45350 - 45356] SECTION 45352. Source version: id_d60834e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7.5. No later than June 30, 1991, the Commission on Teacher Credentialing shall adopt policies, procedures, and regulations as it deems necessary and appropriate for the administration of an examination pursuant to subdivision (c) of Section 45350. (Added by Stats. 1989, Ch. 1345, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7.5. Teacher Assistants [45350 - 45356] SECTION 45353. Source version: id_d60834e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7.5. Teacher assistants, as described in this article, shall not be deemed to be teachers for any purpose under this code. (Added by Stats. 1989, Ch. 1345, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7.5. Teacher Assistants [45350 - 45356] SECTION 45354. Source version: id_d60834e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7.5. The Commission on Teacher Credentialing shall levy a fee for the issuance and renewal of teacher assistant licenses. The fee for the issuance or renewal of the teacher assistant license shall be twenty-five dollars ($25). In subsequent years, the Commission on Teacher Credentialing may set a different fee, but in no case shall the fee exceed forty-five dollars ($45) without the express approval of the Legislature. (Added by Stats. 1989, Ch. 1345, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7.5. Teacher Assistants [45350 - 45356] SECTION 45355. Source version: id_d60834e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7.5. The Department of Finance shall determine the amount of the examination fee that would be sufficient to generate the revenues necessary to maintain and administer the examination described in Section 45350. (Amended by Stats. 1994, Ch. 840, Sec. 18. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 7.5. Teacher Assistants [45350 - 45356] SECTION 45356. Source version: id_d609bb89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=7.5. The State Department of Education shall, in the 1991–92 and 1992–93 school years, and thereafter as it may deem necessary, coordinate workshops between the community college districts that operate Associate of Arts, Teacher Assistant programs, the California State University, and elementary schools located within those community college districts, regarding changes in instructional methodology that may be necessary to ensure the effective use of teacher assistants. (Added by Stats. 1989, Ch. 1345, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45360. Source version: id_d609bb8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. It is the intent and purpose of the Legislature that teacher aides be employed in the elementary schools of the state, specifically in grades one through six, to the end of assisting classroom teachers in carrying out activities directly related to the classroom instruction of pupils. From the moneys specially appropriated therefor by the Legislature, grants shall be made to school districts pursuant to the specifications of this article for teacher aide projects approved by the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45361. Source version: id_d609bb8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. The State Board of Education shall establish rules and regulations for the administration of this article which shall include, but not be limited to, the criteria upon which grants shall be made within the amounts appropriated by the Legislature and among the several districts of the state which may apply for such grants. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45361.5. Source version: id_d609bb91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. (a) No person shall be initially assigned to assist in instruction for work as an aide for instructional purposes in kindergarten and grades 1 to 12, inclusive, unless the person has demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to Section 45330. (b) As used in this section, “initially assigned” means any assignment, including substitute, temporary, probationary, or permanent employment, to assist in instruction as an aide for instructional purposes. (c) A school district may charge a fee to prospective aides taking the district proficiency test pursuant to the requirements of this section to fund the costs incurred by the district in giving the test. This fee may be subject to negotiation between the district and the exclusive representative of instructional aides, but in no event shall the fee exceed seven dollars ($7). (d) The school district governing board, at a public meeting, may grant an exemption from this requirement to any person, for a period of one year, if the person is to be assigned as a bilingual-crosscultural aide and the governing board determines that there is no other person available to serve in the same capacity. Upon or prior to the expiration of the one-year period, the bilingual-crosscultural aide shall be required to take and pass the basic skills test required by this section. A bilingual-crosscultural aide who has not demonstrated his or her basic skills proficiency through these means may not be compensated for work as a bilingual-crosscultural aide. A bilingual-crosscultural aide may only be granted one exemption from this requirement. The authority of district governing boards to grant these exemptions shall cease on June 30, 1985. (e) An aide who passes a district proficiency test as required by this section who transfers to another district and is employed in the same capacity, shall be considered to have met the proficiency standards for purposes of this section unless the district to which he or she has transferred determines that the test taken by the aide is not comparable to the standards required by the employing district. (f) An aide who passes a district proficiency test, as required by this section, and who is reassigned to another school or program in the district and is employed in the same capacity, shall be considered to have met the state basic skills proficiency test requirement. (Amended by Stats. 2002, Ch. 1080, Sec. 4. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45362. Source version: id_d60b4233-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. School districts shall establish standards and procedures for the implementation and conduct of teacher aide projects, authorized under the provisions of this article, which shall meet, but not be limited to, the provisions of Section 45361. Such standards and procedures shall be made a part of a school district grant application as described in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45363. Source version: id_d60b4235-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. The State Board of Education shall direct that apportionment grants for teacher aide projects be made to school districts on the basis of two thousand dollars ($2,000) per school year per teacher aide employed, diminished by an amount derived by multiplying the ratio which the assessed valuation per unit of average daily attendance during the preceding fiscal year in grades kindergarten through eight in the district bears to the assessed valuation per unit of such average daily attendance in the state times one thousand dollars ($1,000). (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45364. Source version: id_d60b4237-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. All funds received by school districts under the provisions of this article shall be used for and restricted to the purpose of paying the salaries of teacher aides employed under the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45365. Source version: id_d60b4239-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. Apportionments for the purpose of this article shall be made upon the order of the Superintendent of Public Instruction and by warrant of the State Controller. Funds apportioned shall be expended by school districts precisely in accordance with the rules and regulations established by the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45366. Source version: id_d60b423b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. Apportionments to a school district shall be in the form of grants, no part of which shall be required to be repaid to the state by the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8. Teacher Aides [45360 - 45367] SECTION 45367. Source version: id_d60b423d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8. Programs on projects conducted pursuant to this article shall be deemed a program of compensatory education, or an element thereof, and shall be coordinated with, and be an integral part of, the school district’s overall compensatory education plan. The programs and projects shall be subject to the provisions of Section 54461. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] SECTION 45370. Source version: id_d60cc8e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8.5. It is the intent of the Legislature in enacting this article that the governing board of each school district, each county superintendent of schools and each state special school or center employ qualified persons to serve as readers for the legally blind certified classroom teachers employed by each of these entities. (Amended by Stats. 1994, Ch. 1288, Sec. 4. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] SECTION 45371. Source version: id_d60cc8e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8.5. There is hereby created in the State Treasury the Reader Employment Fund, to be administered by the Superintendent of Public Instruction. From any funds that are appropriated to the Reader Employment Fund, the Superintendent of Public Instruction shall allocate to each applicant school district, county superintendent of schools, and state special school or center operated pursuant to Part 32 (commencing with Section 59000) an amount sufficient to provide the legally blind certificated classroom teachers employed by the applicant with the services of a reader for a maximum of 15 hours per school week. (Amended by Stats. 1994, Ch. 1288, Sec. 5. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 8.5. Readers for Legally Blind Teachers [45370 - 45372] SECTION 45372. Source version: id_d60cc8e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=8.5. The Superintendent of Public Instruction shall establish the procedures and necessary forms for applications for funding pursuant to this section. (Added by Stats. 1984, Ch. 648, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9. Retraining and Study [45380 - 45387] SECTION 45380. Source version: id_d60e4f89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9. In enacting this article the Legislature recognizes that technological and other changes are occurring which may displace otherwise desirable classified employees in the public school systems of the state. The Legislature intends that the enactment of this article will encourage classified employees to prepare themselves for the changes that are occurring and will also encourage governing boards to utilize the article to further study and retraining by classified personnel. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9. Retraining and Study [45380 - 45387] SECTION 45381. Source version: id_d60e4f8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9. The governing board of any school district may grant any classified employee a leave of absence not to exceed one year for the purpose of permitting study by the employee or for the purpose of retraining the employee to meet changing conditions within the district. The governing board may provide that such a leave of absence shall be taken in separate six-month periods or in any other appropriate periods, rather than for a continuous one-year period; provided, that the separate periods of leave of absence shall be commenced and completed within a three-year period. Any period of service by the individual intervening between the authorized separate periods shall comprise a part of the service required for a subsequent leave of absence for study or retraining purposes. In school districts operating under the merit system, such leaves of absence shall be granted in accordance with rules established by the personnel commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9. Retraining and Study [45380 - 45387] SECTION 45382. Source version: id_d60e4f8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9. No leave of absence shall be granted under this article to any employee for study purposes who has not rendered service to the district for at least seven consecutive years, or for retraining purposes who has not rendered service to the district for at least three consecutive years preceding the granting of the leave, and no more than one such leave of absence shall be granted in each seven- or three-year period, respectively. The governing board, or personnel commission in merit system districts, may prescribe standards of service which shall entitle the employee to the leave of absence. Any leave of absence granted under this article shall not be deemed a break in service for any purpose, except that such leave shall not be included as service in computing service for the granting of any subsequent leave under this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9. Retraining and Study [45380 - 45387] SECTION 45383. Source version: id_d60fd62f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9. Every employee granted a leave of absence pursuant to this article may be required to perform such services during the leave as the governing board of the district and the employee may agree upon in writing. The employee shall receive such compensation during the period of the leave as the governing board and the employee may agree upon in writing, which compensation shall be not less than the difference between the salary of the employee on leave and the salary of a substitute employee in the position which the employee held prior to the granting of the leave. However, in lieu of such difference, the board may pay one-half of the salary of the employee on leave or any additional amount up to and including the full salary of the employee on leave. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9. Retraining and Study [45380 - 45387] SECTION 45384. Source version: id_d60fd631-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9. Compensation granted by the governing board to the employee on leave may be paid in two equal annual installments during the first two years of service rendered in the employ of the governing board following the return of the employee from the leave of absence. The compensation shall be paid the employee while on the leave of absence in the same manner as if the employee were working for the district, upon the furnishing by the employee of a suitable bond indemnifying the governing board of the district against loss in the event that the employee fails to render at least two years’ service in the employ of the governing board following the return of the employee from the leave of absence. The bond shall be exonerated in the event the failure of the employee to return and render two years’ service is caused by the death or physical or mental disability of the employee. If the governing board finds, and by resolution declares, that the interests of the district will be protected by the written agreement of the employee to return to the service of the district and render at least two years’ service therein following his return from the leave, the governing board in its discretion may waive the furnishing of the bond and pay the employee on leave in the same manner as though a bond is furnished. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9. Retraining and Study [45380 - 45387] SECTION 45385. Source version: id_d60fd633-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9. Where one governing board serves as the governing board of two or more separate districts, an employee may fulfill the service requirements provided in Sections 45382 or 45384, or both, by service in any one or more of the districts under the jurisdiction of such governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9. Retraining and Study [45380 - 45387] SECTION 45386. Source version: id_d60fd635-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9. This article shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter or other applicable provisions of this code that may hereafter be enacted. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9. Retraining and Study [45380 - 45387] SECTION 45387. Source version: id_270dce03-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9. (a) The governing board of a school district may grant reimbursement of the costs, including tuition fees, to a permanent classified employee who satisfactorily completes approved training to improve his or her job knowledge, ability, or skill. Programs eligible for that reimbursement shall include courses of study at approved academic institutions, seminars and training institutes conducted by recognized professional associations, and conferences, meetings and other training programs that are designed to upgrade the classified service and to encourage retraining of employees who may otherwise be subject to layoff as the result of technological changes. Eligibility for reimbursement shall be in accordance with rules established by the personnel commission in those districts that have adopted a merit system. This section does not apply to an employee who is receiving training and is eligible for reimbursement by another governmental agency, organization, or association. (b) The governing board of a school district may permit a permanent classified employee to attend a minimum of one schoolday each year, during working hours, for job-related in-service training, with pay. (Amended by Stats. 2005, Ch. 547, Sec. 6. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] SECTION 45390. Source version: id_14612658-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9.5. The Legislature finds and declares all of the following: (a) Classified school employees play a vital role in the education of our pupils and students in our public schools and community colleges. They do the essential work that keeps our campuses safe, clean, and well maintained so that our pupils and students can get to school, focus on learning, and succeed at their highest levels. (b) Because classified school employees are on the front lines working to ensure the safety and care of pupils and students on our campuses, they need professional development and training to update their skills and to learn the best practices for vital education programs, including campus safety, academic achievement and curriculum standards, special education, health care, child nutrition, pupil transportation, environmental safety, and parental involvement. (c) Teachers and administrators serving pupils in kindergarten and grades 1 to 12, inclusive, play vital roles in supporting a pupil’s ability to achieve academically, and providing professional development training to teachers and administrators is essential to this goal. (Added by Stats. 2013, Ch. 723, Sec. 1. (SB 590) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] SECTION 45391. Source version: id_c6aeb423-0c95-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9.5. (a) If a local educational agency expends funds for professional development for any schoolsite staff, the local educational agency shall consider the needs of its classified school employees. (b) For purposes of this article, the following terms have the following meanings: (1) “Classified school employee” means a person employed on a full-time or a part-time basis as a classified school employee at a community college, a public school, a charter school, or a county office of education. (2) “Local educational agency” means a school district, a county office of education, a charter school, or a community college district. (c) Professional development training for classified school employees to update their skills and to learn best practices may include, but is not limited to, any of the following: (1) Pupil learning and achievement, including all of the following: (A) Training for paraprofessionals to assist teachers and administrators to improve the academic achievement of pupils. (B) Training to ensure the curriculum frameworks and instructional materials are aligned to the common core standards. (C) Training in the management and use of state and local pupil data to improve pupil learning. (D) Training on the best practices in the appropriate interventions and assistance for at-promise pupils. (2) Pupil and campus safety, including training and staff development in the latest and best practices for pupil safety and campus safety. (3) Education technology, including management strategies and best practices regarding the use of education technology to improve pupil performance. (4) School facility maintenance and operations, including new research and best practices in the operation and maintenance of school facilities, such as green technology and energy efficiency, that help reduce the use and the cost of energy at schoolsites. (5) Special education, including training and staff development on the best practices to meet the needs of special education pupils, and to comply with any new state and federal mandates. (6) School transportation and bus safety, including training and staff development on the best practices and standards for pupil transportation. (7) Parent involvement, including training and staff development to enhance the ability of a school to increase parent involvement at schoolsites. (8) Food service, including training and staff development on new research and findings for food preparation to provide nutritional meals and food management. (9) Health, counseling, and nursing services, including training and staff development on the latest and best practices for pupil health care and counseling needs. (10) Environmental safety, including training and staff development on pesticides and other possibly toxic substances so that they may be safely used at schoolsites. (Amended by Stats. 2019, Ch. 800, Sec. 10. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] PART 25. EMPLOYEES [44000 - 45500] CHAPTER 5. Classified Employees [45100 - 45500] ARTICLE 9.5. Professional Development for Classified School Employees [45390 - 45392] SECTION 45392. Source version: id_14614d6c-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=3.&part=25.&chapter=5.&article=9.5. Nothing in this article prohibits a local educational agency from providing professional development to teachers and administrators. (Added by Stats. 2013, Ch. 723, Sec. 1. (SB 590) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 1. Records [46000- 46000.] SECTION 46000. Source version: id_d62cfb51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=1. Attendance in all schools and classes shall be recorded and kept according to regulations prescribed by the State Board of Education, subject to the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46010. Source version: id_f21e54a4-819c-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. The total days of attendance of a pupil in the schools and classes maintained by a school district, or schools or classes maintained by the county superintendent of schools, during the fiscal year shall be the number of days school was actually taught for not less than the minimum schooldays during the fiscal year less the sum of the pupil’s absences. (Amended by Stats. 2024, Ch. 998, Sec. 12. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46010.1. Source version: id_d62e81f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. Commencing in the fall of the 1986–87 academic year, the governing board of each school district shall, each academic year, notify pupils in grades 7 to 12, inclusive, and the parents or guardians of all pupils enrolled in the district, that school authorities may excuse any pupil from the school for the purpose of obtaining confidential medical services without the consent of the pupil’s parent or guardian. The notice required pursuant to this section may be included with any other notice given pursuant to this code. (Added by Stats. 1986, Ch. 196, Sec. 1. Effective June 27, 1986.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46010.2. Source version: id_20a483cf-7d03-11de-8c49-ad23393e09f7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. (a) For the purpose of determining “changes in enrollment” pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, as required by subdivision (d) of Section 41204, the total days of attendance by pupils in schools and classes maintained by a school district shall, in the 1997–98 fiscal year, be separately determined both as if subdivision (b) of Section 46010, as it read in the 1997–98 fiscal year, did and did not apply. The days of attendance figure resulting from the application of subdivision (b) of Section 46010 shall be used in calculating average daily attendance for comparison with average daily attendance in the 1996–97 fiscal year. The days of attendance figure determined without applying subdivision (b) of Section 46010 shall be used in calculating average daily attendance for comparison with average daily attendance in the 1998–99 fiscal year. (b) For the purpose of determining “changes in enrollment” for the 2008–09 fiscal year pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution, as required by subdivision (d) of Section 41204, the total days of attendance by pupils in schools and classes maintained by a school district, in the 2007–08 fiscal year, shall be separately determined both as if the California School Age Families Education Program (Cal-SAFE), as set forth in Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29, as it read on January 1, 2008, did and did not apply. The days of attendance figure resulting from the application of the Cal-SAFE program shall be used in calculating average daily attendance for comparison with average daily attendance in the 2006–07 fiscal year. The days of attendance figure determined without applying the Cal-SAFE program shall be used in calculating average daily attendance for comparison with average daily attendance in the 2008–09 fiscal year. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 2, Sec. 20. Effective July 28, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46010.3. Source version: id_d62e81fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. Notwithstanding subdivision (a) of Section 46010 or any other provision of law, for purposes of calculating days of attendance in order to compute any apportionment of state funding under this code, a pupil enrolled in a regular day class, including opportunity classes and classes conducted in county community schools, for the minimum day that is applicable to that pupil is deemed to be present for the entire schoolday, unless he or she is absent for the entire schoolday. This section does not apply to any pupil whose attendance is required under this code, or under Title 5 of the California Code of Regulations, to be recorded by clock hours. (Added by Stats. 1993, Ch. 66, Sec. 25. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46011. Source version: id_d62e81fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. Absences due to illness or quarantine shall be verified by the district or the county superintendent of schools in such manner as the Superintendent of Public Instruction may provide. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46012. Source version: id_d62e81ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. For purposes of any procedure for verification of absences from school, a student 18 years of age or over, with respect to his own absences from school, shall have all of the responsibilities and powers which, in the case of a minor, would be charged to the parent, guardian, or other person having charge or control of the minor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46013. Source version: id_d63008a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. (a) If there is an increase in actual student attendance of any school maintained by a school district to which Section 46013.7 has been made applicable, then an increase in the revenue limit of a school district shall be calculated as follows: (1) The Superintendent of Public Instruction shall prescribe the manner in which actual student attendance is calculated. (2) Divide the actual student attendance in the 1979–80 fiscal year by total enrollment in the 1979–80 fiscal year. (3) Divide the actual student attendance in the current fiscal year by total enrollment in the current fiscal year. (4) Subtract the quotient calculated pursuant to paragraph (2) from the quotient calculated pursuant to paragraph (3). (5) Divide the difference calculated pursuant to paragraph (4) by 0.02. (6) If the quotient calculated pursuant to paragraph (5) is equal to or greater than one, then divide that quotient by 100. (7) If the quotient calculated pursuant to paragraph (5) is less than one, then the district shall not be affected by the provisions of this section. (8) Multiply the quotient calculated pursuant to paragraph (6) by the revenue limit per unit of average daily attendance in the current fiscal year, and multiply that product by the total enrollment of the school which generated the increased actual student attendance. This is the amount by which revenue limit shall be increased. (b) The revenue limit increase calculated pursuant to subdivision (a) shall be allocated as follows: (1) If the school receives funds pursuant to either Chapter 3.1 (commencing with Section 44670) of Part 25 or Chapter 6 (commencing with Section 52000) of Part 28, then one-half of the increase shall be added to such funds; the other half of the increase shall be added to the general fund of the district. (2) If the school does not receive funds pursuant to either Chapter 3.1 (commencing with Section 44670) of Part 25 or Chapter 6 (commencing with Section 52000) of Part 28, then one-half of the increase shall be used to initiate a program pursuant to Chapter 6 (commencing with Section 52000) of Part 28 at the school; the other half of the increase shall be added to the general fund of the district. If a program is not initiated pursuant to Chapter 6 (commencing with Section 52000) of Part 28 within one year, then those funds shall be deposited in the general fund of the district and the apportionment of funds to the district from Section A of the State School Fund for the then current fiscal year shall be reduced by the same amount. (Added by Stats. 1980, Ch. 1329, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46013.7. Source version: id_d63008a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. The Superintendent of Public Instruction may authorize 30 schools in 28 school districts to continue to use the attendance accounting and reporting procedures prescribed by Section 46013 for the 1985–86 school year through the 1993–94 school year, and shall not require these districts to keep parallel attendance accounting and reporting procedures as required under existing laws otherwise applicable. Subsequent to the 1982–83 fiscal year, no school district shall be eligible to receive a revenue limit increase pursuant to Section 46013. (Amended by Stats. 1987, Ch. 917, Sec. 29.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46014. Source version: id_d63008a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. Pupils, with the written consent of their parents or guardians, may be excused from school in order to participate in religious exercises or to receive moral and religious instruction at their respective places of worship or at other suitable place or places away from school property designated by the religious group, church, or denomination, which shall be in addition and supplementary to the instruction in manners and morals required elsewhere in this code. Such absence shall not be deemed absence in computing average daily attendance, if all of the following conditions are complied with: (a) The governing board of the district of attendance, in its discretion, shall first adopt a resolution permitting pupils to be absent from school for such exercises or instruction. (b) The governing board shall adopt regulations governing the attendance of pupils at such exercises or instruction and the reporting thereof. (c) Each pupil so excused shall attend school at least the minimum school day for his grade for elementary schools, and as provided by the relevant provisions of the rules and regulations of the State Board of Education for secondary schools. (d) No pupil shall be excused from school for such purpose on more than four days per school month. It is hereby declared to be the intent of the Legislature that this section shall be permissive only. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 1. General Provisions [46000 - 46015] ARTICLE 2. Absences [46010 - 46015] SECTION 46015. Source version: id_ba691bdb-fcb9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=1.&article=2. (a) The Legislature finds and declares that pregnant and parenting pupils are entitled to accommodations that provide them with the opportunity to succeed academically while protecting their health and the health of their children. The Legislature hereby establishes the following accommodations as rights of pregnant and parenting pupils: (1) A pregnant or parenting pupil is entitled to eight weeks of parental leave, which the pupil may take before the birth of the pupil’s infant if there is a medical necessity and after childbirth during the school year in which the birth takes place, inclusive of any mandatory summer instruction, in order to protect the health of the pupil who gives or expects to give birth and the infant, and to allow the pregnant or parenting pupil to care for and bond with the infant. It is the intent of the Legislature that the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the person holding the right to make educational decisions for the pupil, notify the school of the pupil’s intent to exercise this right. Failure to notify the school shall not abridge the rights established by this paragraph or any other right established by this subdivision. (2) A pregnant or parenting pupil who does not wish to take all or part of the parental leave to which they are entitled pursuant to paragraph (1) shall not be required to do so. (3) A pregnant or parenting pupil is entitled to receive more than eight weeks of parental leave pursuant to paragraph (1) if deemed medically necessary by the pupil’s physician. (4) When a pupil takes parental leave pursuant to paragraph (1), the supervisor of attendance shall ensure that absences from the pupil’s regular school program are excused until the pupil is able to return to the regular school program or an alternative education program. (5) During parental leave taken pursuant to paragraph (1), a local educational agency shall not require a pregnant or parenting pupil to complete academic work or other school requirements. (6) A pregnant or parenting pupil may return to the school and the course of study in which he or she was enrolled before taking parental leave pursuant to paragraph (1). (7) Upon return to school after taking parental leave pursuant to paragraph (1), a pregnant or parenting pupil is entitled to opportunities to make up work missed during his or her leave, including, but not limited to, makeup work plans and reenrollment in courses. (8) Notwithstanding any other law, a pregnant or parenting pupil may remain enrolled for a fifth year of instruction in the school in which the pupil was previously enrolled when it is necessary in order for the pupil to be able to complete state and any local graduation requirements, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. (9) A pupil who chooses not to return to the school in which he or she was enrolled before taking parental leave pursuant to paragraph (1) is entitled to alternative education options offered by the local educational agency. (10) In accordance with subdivision (d) of Section 221.51, a pregnant or parenting pupil who participates in an alternative education program shall be given educational programs, activities, and courses equal to those he or she would have been in if participating in the regular education program. (11) A pupil shall not incur an academic penalty as a result of his or her use of the accommodations specified in this subdivision. (b) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A local educational agency shall respond to a complaint filed pursuant to paragraph (1) in accordance with Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (3) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (4) If a local educational agency finds merit in a complaint, or if the department finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (c) For purposes of this section, the following definitions apply, unless the context requires otherwise: (1) “Local educational agency” means a school district, a county office of education, a school operated by a school district or a county office of education, a charter school, the California Schools for the Deaf, or the California School for the Blind. (2) “Pregnant or parenting pupil” means a pupil who gives or expects to give birth or a parenting pupil who has not given birth and who identifies as the parent of the infant. (3) “Pupil” means a pupil enrolled in a local educational agency. (Added by Stats. 2018, Ch. 942, Sec. 4. (AB 2289) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 1. Generally [46100- 46100.] SECTION 46100. Source version: id_d6318f4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=1. The governing board of each school district shall, subject to the provisions of this chapter, fix the length of the schoolday for the several grades and classes of the schools maintained by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46110. Source version: id_d6318f4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. No pupil in a kindergarten or in any grade of an elementary school shall be credited with more than one day of attendance in any calendar day and nothing in this article shall be construed to the contrary. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46111. Source version: id_37651dc1-395d-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. (a) (1) A pupil in a kindergarten shall not be kept in school in any day more than four hours excluding recesses except for pupils in Early Primary Programs, as set forth in Chapter 8 (commencing with Section 8970) of Part 6 of Division 1 of Title 1, kindergarten pupils in expanded learning opportunity programs intended to supplement instructional time provided by a school district pursuant to Section 46120, and pupils participating in an attendance recovery program pursuant to Article 9 (commencing with Section 46210). (2) A pupil in a kindergarten in a school operating on a program of multitrack year-round scheduling pursuant to subdivision (a) of Section 37670 may be kept in school on any day for 265 minutes of instruction, excluding recesses. (b) This section shall not apply to the Pasadena Unified School District or counties of the third class as determined pursuant to Section 28024 of the Government Code, as it read on January 1, 1977. (c) This section shall not apply to the San Bernardino Unified School District with regard to any pupil of that district who is determined by the principal of the school in which that pupil is enrolled, pursuant to testing, teacher recommendation, or both, to be developmentally and academically suited for the longer instructional day. (Amended by Stats. 2024, Ch. 38, Sec. 43. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46112. Source version: id_d63315f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. The minimum schoolday in grades 1, 2, and 3 in elementary schools, except in opportunity schools, classes, or programs, is 230 minutes, except where the governing board of a school district has prescribed a shorter length for the schoolday because of lack of school facilities which requires double sessions, in which case the minimum schoolday in such grades shall be 200 minutes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46113. Source version: id_d63315f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools and in special day and evening classes of an elementary school district, except in opportunity schools, classes, or programs, is 240 minutes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46114. Source version: id_d63315f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. (a) The minimum schoolday in grades 1, 2, and 3 in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 230 or more, the pupils shall be deemed to have complied with Section 46112, even if the number of minutes attended in any one schoolday is less than 230, but not less than 170. (b) The minimum schoolday in grades 4, 5, 6, 7, and 8 in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 240 or more, the pupils shall be deemed to have complied with Section 46113, even if the number of minutes attended in any one schoolday is less than 240, but not less than 180. (c) The minimum schoolday in kindergarten in elementary schools may be computed by determining the number of minutes of attendance in any 10 consecutive schooldays and dividing that number by 10. If the resulting quotient is 180 or more, pupils shall be deemed to have complied with Section 46117, even if the number of minutes attended in any one schoolday is less than 180, but not less than 60. No computation authorized by this section shall result in any increase in state apportionments. (Amended by Stats. 1988, Ch. 194, Sec. 1. Effective June 16, 1988.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46115. Source version: id_d63315f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. The minimum schoolday in kindergartens and in grades 1 to 8, inclusive, in elementary schools, is exclusive of noon intermissions and, except in kindergartens, exclusive of recesses. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46117. Source version: id_d63315fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. The minimum schoolday for pupils in kindergartens is 180 minutes inclusive of recesses, and no units of average daily attendance shall be credited for attendance in kindergarten classes if the minimum schoolday of such classes is less than 180 minutes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46118. Source version: id_d63315fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. A single-session kindergarten class shall meet all of the following criteria: (a) The class is maintained for a minimum of 180 minutes per schoolday. (b) The kindergarten class teacher is assigned to only one session of kindergarten daily as a principal teacher. (c) The kindergarten teacher is a full-time certificated employee. (d) The kindergarten teacher shall be available for assistance or assignment in the instructional program of the primary grades when not involved in the kindergarten program. (Amended by Stats. 1981, Ch. 1093, Sec. 14.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46119. Source version: id_d63315ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. The governing board of a school district which has fewer than 40 pupils enrolled in kindergarten classes may make application to the Superintendent of Public Instruction requesting approval to maintain two kindergarten classes of 150 minutes each inclusive of recesses on the same day which are taught by the same teacher. The average daily attendance for such classes shall be adjusted by a multiplication factor of 0.500. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 2. Kindergarten and Elementary Schools [46110 - 46120] SECTION 46120. Source version: id_7276038e-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=2. (a) (1) It is the intent of the Legislature that all local educational agencies offer all unduplicated pupils in classroom-based instructional programs access to comprehensive after school and intersessional expanded learning opportunities. (2) The Expanded Learning Opportunities Program is hereby established. (b) (1) For the 2021–22 and 2022–23 school years, local educational agencies that receive funds pursuant to subdivision (d) shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, and provide to at least 50 percent of enrolled unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs. Funding received pursuant to this section for the 2021–22 and 2022–23 school years shall be expended to develop an expanded learning opportunity program or provide services in accordance with program requirements. (2) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraphs (B) and (C) of paragraph (1) of subdivision (d), local educational agencies shall offer to all pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any pupil whose parent or guardian requests their placement in a program. (3) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to subparagraph (D) of paragraph (1) of subdivision (d), local educational agencies shall offer to at least all unduplicated pupils in classroom-based instructional programs in kindergarten and grades 1 to 6, inclusive, access to expanded learning opportunity programs, and shall provide access to any unduplicated pupil whose parent or guardian requests their placement in a program. (4) Commencing with the 2023–24 school year, as a condition of receipt of funds allocated pursuant to paragraph (1) of subdivision (d), expanded learning opportunity programs shall include all of the following: (A) On schooldays, as described in Section 46100 and Sections 46110 to 46119, inclusive, and days on which school is taught for the purpose of meeting the 180-instructional-day offering as described in Section 46208 for school districts and the 175-instructional-day offering as described in Section 11960 of Title 5 of the California Code of Regulations for charter schools, in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are no fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day. (B) (i) For at least 30 nonschooldays, inclusive of extended school year days provided pursuant to paragraph (3) of subdivision (b) of Section 56345, no fewer than nine hours of in-person expanded learning opportunities per day. (ii) Extended school year days may include in-person before or after school expanded learning opportunities that, when added to daily instructional minutes, recess, and meals, are not fewer than nine hours of combined instructional time, recess, meals, and expanded learning opportunities per instructional day. (C) For expanded learning opportunity programs located in a frontier designated geographical location, program requirements are no fewer than eight hours of combined instructional time, recess, meals, and in-person before or after school expanded learning opportunities per instructional day, and no fewer than eight hours of in-person expanded learning opportunities on at least 30 nonschooldays. (5) Local educational agencies operating expanded learning opportunity programs pursuant to this section may operate a before school component of a program, an after school component of a program, or both the before and after school components of a program, on one or multiple schoolsites, and shall comply with subdivisions (c), (d), and (g) of Section 8482.3, including the development of a program plan based on all of the following: (A) The department’s guidance. (B) Section 8482.6. (C) Paragraphs (1) to (9), inclusive, and paragraph (12) of subdivision (c) of Section 8483.3. (D) Section 8483.4, except that programs serving transitional kindergarten or kindergarten pupils shall maintain a pupil-to-staff member ratio of no more than 10 to 1. (6) Local educational agencies shall prioritize services provided pursuant to this section at schoolsites in the lowest income communities, as determined by prior year percentages of pupils eligible for free and reduced-price meals, while maximizing the number of schools and neighborhoods with expanded learning opportunity programs across their attendance area. (7) Local educational agencies may serve all pupils, including elementary, middle, and secondary school pupils, in expanded learning opportunity programs provided pursuant to this section. (8) Local educational agencies may charge pupil fees for expanded learning opportunity programs provided pursuant to this section, consistent with Section 8482.6. (9) Local educational agencies are encouraged to collaborate with community-based organizations and childcare providers, especially those participating in state or federally subsidized childcare programs, to maximize the number of expanded learning opportunity programs offered across their attendance areas. (10) This section does not limit parent choice in choosing a care provider or program for their child outside of the required instructional minutes provided during a schoolday. Pupil participation in an expanded learning opportunity program is optional. Children eligible for an expanded learning opportunity program may participate in, and generate reimbursement for, other state or federally subsidized childcare programs, pursuant to the statutes regulating those programs. (11) Local educational agencies may provide up to three days of staff development during regular expanded learning opportunity program hours. (12) For a local educational agency that is temporarily prevented from operating its expanded learning opportunity program because of a school or program site closure due to emergency conditions listed in Section 41422 or subdivision (d) of Section 8482.8, and is not able to meet all of the requirements pursuant to paragraph (1), which is in fact shown by a resolution adopted by the governing board or body of the local educational agency, in addition to documentation substantiating the need for closure, the local educational agency shall not be subject to the penalty required pursuant to paragraphs (1) to (3), inclusive, of subdivision (c) as a result of the emergency. (13) (A) An expanded learning opportunity program shall not be required to comply with the requirements of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 or the requirements set forth in Chapter 19 of Division 1 of Title 5 of the California Code of Regulations. (B) Notwithstanding any other law, an expanded learning opportunity program operating pursuant to this section may operate without obtaining a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph. (C) Notwithstanding subparagraph (B), an expanded learning opportunity program operated by a third party that holds a child daycare facility license or special permit pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code, as of June 1, 2023, shall maintain that license or permit capacity as a requirement of contracting pursuant to this section until June 30, 2025. An expanded learning opportunity program shall not receive any additional funding pursuant to this subparagraph. (D) Nothing in this section exempts an expanded learning opportunity program operating pursuant to this section from complying with the child daycare facility license requirements set forth in Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code when serving children who do not participate in the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1), 21st Century Community Learning Centers (Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1), or the Expanded Learning Opportunities Program pursuant to this section. If multiple funding sources are used to serve pupils in an expanded learning opportunity program, a conflict in program requirements shall be resolved in favor of the funding source with the stricter requirements. (c) (1) (A) Commencing with the 2023–24 fiscal year, a local educational agency shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with subdivision (b). (B) Notwithstanding subparagraph (A), commencing with the 2025–26 fiscal year, a local educational agency that received funding pursuant to subparagraph (D) of paragraph (1) of subdivision (d) in the prior applicable fiscal year, and receives funding pursuant to subparagraph (C) of paragraph (1) of subdivision (d) in the current applicable fiscal year, shall be subject to the audit conducted pursuant to Section 41020 to determine compliance with paragraph (3) of subdivision (b) for that current applicable fiscal year only and, for each fiscal year thereafter, shall be subject to an audit to determine compliance with paragraph (2) of subdivision (b). (2) Commencing with the 2023–24 fiscal year, if a local educational agency either fails to offer or provide access to expanded learning opportunity programs to eligible pupils pursuant to paragraph (2) or (3) of subdivision (b), the Superintendent shall withhold from the local educational agency’s apportionment of funds pursuant to subdivision (d) an amount proportionate to the number of pupils to whom the local educational agency failed to offer or provide access to expanded learning opportunity programs. Pupils opting not to participate in the expanded learning opportunity program shall not generate a penalty for a local educational agency pursuant to this paragraph. (3) (A) Commencing with the 2023–24 fiscal year, if a school district fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the school district’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0048 times the school district’s apportionment for each day the school district fails to meet the day or hour requirements. (B) Commencing with the 2023–24 fiscal year, if a charter school fails to maintain the required number of days or hours described in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (b), the Superintendent shall withhold from the charter school’s apportionment of funds pursuant to subdivision (d), as adjusted pursuant to paragraph (2), an amount equal to the product of 0.0049 times the charter school’s apportionment for each day the charter school fails to meet the day or hour requirements. (d) (1) The Superintendent shall allocate funding appropriated in Item 6100-110-0001 of the annual Budget Act and in subdivision (h), if applicable, in the following manner: (A) For the 2021–22 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 80 percent, the amount of one thousand one hundred seventy dollars ($1,170) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (B) For the 2022–23 to 2024–25 fiscal years, inclusive, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 75 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (C) Commencing with the 2025–26 fiscal year, for local educational agencies with a prior fiscal year local control funding formula unduplicated pupil percentage calculated pursuant to paragraph (5) of subdivision (b) of Section 42238.02 of equal to or greater than 55 percent, the amount of two thousand seven hundred fifty dollars ($2,750) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (D) For all other local educational agencies not receiving an allocation under subparagraph (A), (B), or (C), the amount of funds remaining from the appropriations in Item 6100-110-0001 of the annual Budget Act and subdivision (h), if applicable, after the amount allocated pursuant to subparagraph (A), (B), or (C), shall be allocated on a per-unit basis of the local educational agency’s prior year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. The per-unit rate pursuant to this subparagraph shall not exceed the per-unit rate pursuant to subparagraph (C), and, commencing with the 2026–27 fiscal year, shall not be less than a per-unit rate of one thousand eight hundred dollars ($1,800). (E) For purposes of allocating funding pursuant to subparagraphs (C) and (D) for the 2025–26 fiscal year only, the Superintendent shall calculate the difference between the prior fiscal year average daily attendance from the first period reported kindergarten and grades 1 to 6, inclusive, and the second period reported kindergarten and grades 1 to 6, inclusive, and, if there is a difference, allocate to the applicable local educational agency the amount of that difference attributable to the following local educational agencies: (i) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District. (ii) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District. (iii) Alma Fuerte Public in the City of Pasadena. (iv) The Los Angeles Unified School District and the Pasadena Unified School District. (2) (A) For the 2021–22 fiscal year to the 2024–25 fiscal year, inclusive, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than fifty thousand dollars ($50,000). (B) Commencing with the 2025–26 fiscal year, a local educational agency with prior year classroom-based average daily attendance in kindergarten and grades 1 to 6, inclusive, shall not receive funding pursuant to paragraph (1) of less than one hundred thousand dollars ($100,000). (3) (A) Funds provided to a local educational agency pursuant to paragraph (1) shall be used to support pupil access to expanded learning opportunity programs, which may include, but is not limited to, hiring literacy coaches, high-dosage tutors, school counselors, and instructional day teachers and aides to assist pupils as part of the local educational agency’s program enrichment activities. (B) Funds provided to a local educational agency pursuant to paragraph (1) may also be used to support attendance recovery pursuant to Article 9 (commencing with Section 46210) when attendance recovery is operated by a local educational agency in conjunction with, and on the same schoolsite as, its expanded learning opportunities program. A local educational agency that elects to use expanded learning opportunity program funds to support attendance recovery shall comply with the supervision requirements described in subdivision (f) of Section 46211. (4) A local educational agency receiving funding pursuant to subparagraph (B) or (C) of paragraph (1) shall be provided at least three years of funding pursuant to that subparagraph upon becoming eligible to receive funding pursuant to that subparagraph. A local educational agency that does not meet the requirements of subparagraph (B) or (C) of paragraph (1) for four consecutive years shall be ineligible to receive funding pursuant to that subparagraph. (5) The Superintendent shall proportionately reduce the amount of funding allocated pursuant to this section for a charter school that has ceased operation during the school year if school was actually taught in the charter school on fewer than 175 calendar days during that school year. The reduction shall be commensurate to the number of days that the charter school failed to operate due to the closure. (6) (A) For the 2021–22 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. For the 2022–23 fiscal year, a school district or charter school may expend or encumber the funds received pursuant to this subdivision from the 2022–23 and 2023–24 fiscal years. Any encumbered funds pursuant to this paragraph that are not expended by the school district or charter school by September 30, 2024, shall be returned to the state. (B) On or before October 31, 2024, each local educational agency that received an allocation pursuant to subparagraph (A), (B), or (D) of paragraph (1) for the 2021–22 fiscal year or the 2022–23 fiscal year shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the 2021–22 and 2022–23 fiscal years pursuant to subparagraphs (A), (B), and (D) of paragraph (1). (C) (i) For the 2024–25 fiscal year, funds returned pursuant to subparagraph (A) shall be added to the amount of funds remaining from the appropriations in the calculation of the rate pursuant to subparagraph (D) of paragraph (1), and be expended consistent with paragraphs (9) and (10), up to the amount sufficient to provide the amount of two thousand dollars ($2,000) per unit of the local educational agency’s prior fiscal year second period reported kindergarten and grades 1 to 6, inclusive, classroom-based average daily attendance multiplied by the local educational agency’s unduplicated pupil percentage. Prior fiscal year average daily attendance and unduplicated pupil percentage shall be considered final as of the second principal apportionment for that fiscal year. (ii) If there is insufficient funding to provide the full amount described in clause (i), the Superintendent may prorate that amount per unit. (7) (A) For reorganized school districts, the prior fiscal year percentage of unduplicated pupils for purposes of paragraph (1) shall be calculated as follows: (i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by all of two or more existing districts, combine the unduplicated pupils and total pupil enrollment of the original school districts. (ii) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, formed by parts of one or more existing districts, and for the remaining portion of a divided district, or for a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the county office of education with jurisdiction over the reorganized school district may provide to the department, under timelines and procedures established by the Superintendent, the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized district, and the prior fiscal year unduplicated pupil percentage may be based on the unduplicated pupils and total pupil enrollment attributed to each reorganized school district. If the county office of education with jurisdiction over the reorganized school district does not provide to the department the unduplicated pupils and total pupil enrollment for the prior three fiscal years from each affected school district that will be served by each reorganized school district, the unduplicated pupils and total pupil enrollment shall be equal to the counts reported for the original school district. (B) For reorganized school districts, the prior fiscal year average daily attendance for purposes of paragraph (1) shall be calculated as follows: (i) For a new or acquiring school district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a), or subdivision (b), of Section 35511, the sum of the average daily attendance of the original school districts. (ii) For a remaining portion of a divided school district, the average daily attendance attributed to that portion of the school district. (iii) For a new school district formed as a result of a deunification pursuant to paragraph (4) of subdivision (a) of Section 35511, the average daily attendance of the former school district shall be attributed to the new school districts so that the sum of the average daily attendance for the new school districts equals the average daily attendance of the former school district. (iv) For purposes of clauses (i), (ii), and (iii), the county superintendent of schools with jurisdiction over the reorganized school district shall provide to the department the prior fiscal year average daily attendance as of the second principal apportionment from each affected school district that will be served by each reorganized district. (8) (A) (i) For the 2022–23 fiscal year to the 2025–26 fiscal year, inclusive, the department may allocate up to five million dollars ($5,000,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in Section 8483.55. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds. (ii) Beginning with the 2026–27 fiscal year, the department may allocate up to seven million five hundred dollars ($7,500,000) of moneys appropriated for purposes of this subdivision to county offices of education to provide technical assistance, evaluation, and training services to support program improvement, in coordination with activities described in Section 8483.55 and the state transformation assistance center activities pursuant to Section 8902. County offices of education already providing technical assistance pursuant to Section 8483.55 shall be prioritized to receive these funds. (B) Training and support shall include, but is not limited to, supporting local educational agencies with leveraging multiple funding initiatives to support expanded learning, including, but not limited to, community schools, school meal programs, and California state preschool programs. (9) (A) Commencing with the 2023–24 fiscal year, any funds allocated pursuant to subparagraphs (B), (C), and (D) of paragraph (1) shall be expended by June 30 of the fiscal year following the fiscal year in which the appropriation is made. Any funds that are not expended by a local educational agency by the end of that period shall be returned to the state. On or before September 30 of the second fiscal year following the fiscal year in which the appropriation is made, each local educational agency receiving an allocation pursuant to subparagraph (B), (C), or (D) of paragraph (1) shall report final expenditures to the department, which shall initiate collection of any unexpended funds. A local educational agency that does not submit the final expenditure report shall forfeit all funds allocated for the fiscal year pursuant to subparagraph (B), (C), or (D) of paragraph (1). (B) If a charter school receiving an allocation pursuant to subparagraph (B), (C), or (D) of paragraph (1) ceases to operate, a final expenditure report, using a template developed by the department, shall be due to the department within 60 days of the effective date of closure. The department shall collect any unspent amounts from funds allocated to the charter school in that fiscal year and the immediately preceding fiscal year. (10) (A) Commencing with the 2025–26 fiscal year and annually thereafter, local educational agencies shall annually declare their operational intent to the department to run an expanded learning opportunity program pursuant to this section in accordance with instructions and forms prescribed and furnished by the Superintendent. (B) To the extent possible, any funds made available by a local educational agency’s decision not to operate an expanded learning opportunity program may be reallocated pursuant to subparagraph (D) of paragraph (1). (e) Commencing with the 2023–24 school year, the Superintendent, in consultation with the State Department of Social Services, shall establish a process and a timeline for local educational agencies that contract with third-party providers to operate expanded learning opportunity programs at a location other than a local educational agency’s school campus pursuant to this section, and California state preschool program providers pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1, to annually submit program access information to the department, which shall distribute a compiled list to the State Department of Social Services for purposes of Community Care Licensing Division data collection and submission to the local educational agency’s applicable resource and referral agency. Information required to be submitted under this subdivision shall include, but not be limited to, all of the following: (1) The name, address, and telephone number of each third party. (2) The number of pupils being served by each third party, as well as the grade levels of those pupils. (3) The State Department of Social Services child daycare facility license number of each third party, if applicable. (4) A single point of contact for each local educational agency regarding expanded learning opportunity programs. (f) By February 1, 2024, the Superintendent, in consultation with the State Department of Social Services, shall submit a report to the relevant fiscal and policy committees of the Legislature that includes all of the following: (1) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during the fiscal year, and how many pupils are provided access to these programs. (2) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site during nonschooldays, and how many pupils are provided access to these programs. (3) The number of expanded learning providers who are operating an expanded learning opportunity program for pupils enrolled in transitional kindergarten and kindergarten on a nonlocal educational agency site in the 2023–24 and 2024–25 fiscal years who are also licensed by the State Department of Social Services for purposes of community care licensing, the type of programs that are licensed by the State Department of Social Services for purposes of community care licensing, and how many pupils are provided access to their programs. (4) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during the fiscal year, how many contractors they work with, and the number of pupils provided access to these programs, by grade. (5) A list of local educational agencies that contract with third-party providers that provide access to pupils on a nonlocal educational agency site during nonschooldays, how many contractors they work with, and the number of pupils provided access to these programs, by grade. (g) For purposes of this section, the following definitions apply: (1) “Expanded learning opportunities” has the same meaning as “expanded learning” is defined in Section 8482.1. “Expanded learning opportunities” does not mean an extension of instructional time, but rather, opportunities to engage pupils in enrichment, play, nutrition, and other developmentally appropriate activities. (2) “Frontier designated geographic location” means a schoolsite in an area that has a population density of fewer than 11 persons per square mile. (3) “Local educational agency” means a school district or charter school, excluding a charter school established pursuant to Section 47605.5. (4) “Nonschooldays” means days not identified pursuant to subparagraph (A) of paragraph (1) of subdivision (b), inclusive of Saturdays, as described in Section 37223. (5) “Offer access” means to recruit, advertise, publicize, or solicit through culturally and linguistically effective and appropriate communication channels, including, but not limited to, publishing program availability information in local educational agency pupil enrollment forms, on the local educational agency internet website, and posted publicly at each program site in a location accessible to the public. (6) “Provide access,” with respect to an “expanded learning opportunity program,” means to enroll in the expanded learning opportunity program. If a parent or guardian has a signed expanded learning opportunity program registration form and that form is on file, the pupil shall be considered enrolled in the expanded learning opportunity program. For a local educational agency receiving an expanded learning opportunity program apportionment, transportation shall be provided for any pupil who attends a school that is not operating an expanded learning opportunity program to attend a location that is providing an expanded learning opportunity program and to return to their original location or another location that is established by the local educational agency. (7) “Unduplicated pupil” has the same meaning as in Section 42238.02. (h) For the 2021–22 fiscal year, the sum of seven hundred fifty-four million twenty-one thousand dollars ($754,021,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the Expanded Learning Opportunities Program in the manner and for the purpose set forth in this section. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (h) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 84. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46140. Source version: id_d6349ca3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. No pupil in a high school, other than a pupil enrolled in a regional occupational center or program, evening high school, continuation high school, or continuation education class, shall be credited with more than one day of attendance in any calendar day and nothing in this article shall be construed to the contrary. (Amended by Stats. 1977, Ch. 1230.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46140.1. Source version: id_d6349ca5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. It is the intent of the Legislature that the term “pupil in a vocational education program occupationally organized and conducted under federal approval,” as used in Section 46140 as it read prior to the enactment of Chapter 1230 of the Statutes of 1977, applies only to pupils in regional occupational programs and centers. Notwithstanding any provision of law to the contrary, no funds appropriated by any act enacted prior to or after the enactment of this section, shall be deemed appropriated or available for expenditure for purposes of claims for attendance of pupils in vocational education programs occupationally organized and conducted under federal approval, other than for attendance of pupils in regional occupational centers or programs, arising from Section 46140 as it read prior to the enactment of Chapter 1230 of the Statutes of 1977, except for appropriations to fund the Settlement Agreement entered into on March 4, 1983, by and between the Fullerton Union High School District and the State Department of Education of the State of California, the Superintendent of Public Instruction of the State of California, and the Local Assistance Bureau in connection with that action otherwise known as Fullerton Union High School District, et al. v. Wilson Riles, Superintendent of Public Instruction, et al., Orange County Superior Court No. 33-46-93; and the Settlement Agreement entered into on March 4, 1983, by and between Rowland Unified School District and the State Department of Education of the State of California, the Superintendent of Public Instruction of the State of California, and the Local Assistance Bureau in connection with that action otherwise known as Rowland Unified School District, et al., v. Wilson Riles, Superintendent of Public Instruction, et al., Los Angeles Superior Court No. C 323905. (Added by Stats. 1984, Ch. 268, Sec. 12. Effective June 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46140.5. Source version: id_d6362347-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. Any school district which was credited with attendance of pupils pursuant to Section 46140 under a vocational education program occupationally organized and conducted under federal approval in 1976–77, other than a regional occupational program or regional occupational center, may request the county superintendent of schools to increase the district base revenue limit for fiscal year 1977–78 and fiscal years thereafter by the amount of revenue received on account of such vocational education attendance in 1976–77. The county superintendent, upon verification of such amounts, shall adjust the district’s base revenue limit. As a clarification of the intent of the law, a district, which had not submitted attendance documents of pupils pursuant to Section 46140 under a vocational education program occupationally organized and conducted under federal approval in 1976–77, other than a regional occupational program or regional occupational center, at the time the attendance reports were originally due, shall not have the right at a later date to submit amended attendance documents to have credited this attendance. (Amended by Stats. 1979, Ch. 1101.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46141. Source version: id_7765e640-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. The minimum schoolday in a high school is 240 minutes, except in an evening high school, an early college high school, a middle college high school, a dual enrollment program that is part of a College and Career Access Pathways dual enrollment partnership agreement that is consistent with the requirements of Section 76004, a regional occupational center, an opportunity school and in opportunity classes, a continuation high school, in continuation education classes, in late afternoon or Saturday occupationally organized vocational training programs conducted under a federally approved plan for vocational education, and for students enrolled in a work experience education program approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28. (Amended by Stats. 2026, Ch. 65, Sec. 85. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46142. Source version: id_d636234b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. (a) The minimum schoolday in any junior high school or high school described in Section 46141 may be computed by determining the number of minutes of attendance in any two consecutive schooldays and dividing that number by two. If the resulting quotient is 240 or more, the pupils shall be deemed to have complied with Section 46141, even if the number of minutes attended in any one schoolday is less than 240, but not less than 180. (b) No computation authorized by this section shall result in any increase in state apportionments. (Amended by Stats. 1994, Ch. 922, Sec. 101. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46144. Source version: id_d636234d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. The minimum day in a special day or a Saturday vocational training program and for a pupil enrolled in a work experience education program approved under Article 7 (commencing with Section 51760) of Chapter 5 of Part 28, except for a pupil enrolled in a continuation school or class pursuant to Section 48402, is four periods totaling at least 180 minutes in duration, except that for a pupil in an approved work experience program who attends a school, other than a continuation school or class, in which the regularly scheduled period is greater than 60 minutes in length, the minimum day is one or more periods totaling at least 180 minutes in duration. (Amended by Stats. 2003, Ch. 72, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46144.5. Source version: id_8ea6987a-6804-11e7-9634-e0ee5ca92914 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. (a) Notwithstanding any other law, commencing with the 2008–09 fiscal year, the minimum schoolday for a pupil concurrently enrolled in regular secondary school classes and classes operating pursuant to a joint powers agreement that became effective before January 1, 2008, is 180 minutes. These regular secondary school classes constitute regular school classes for purposes of Section 46010.3. (b) For a pupil described in subdivision (a), the average daily attendance shall be included as school district average daily attendance computed pursuant to Section 42238.05. (c) For purposes of computing attendance pursuant to Section 46300 or any other law, immediate supervision and control of pupils while attending classes pursuant to a joint powers agreement described in subdivision (a) is deemed satisfied regardless of the school district employing the certificated employee providing the supervision and control, provided the school district is a party to the joint powers agreement. (Added by renumbering Section 42238.20 by Stats. 2017, Ch. 47, Sec. 1. (AB 760) Effective July 10, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46145. Source version: id_d636234f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. Commencing with the first semester or quarter that begins after January 1, 1984, pupils in grade 12 shall be enrolled in at least five courses each semester or the equivalent number of courses per quarter. If any pupil in grade 12 is required by medical prescription to attend school for less than five courses during the semester or the equivalent number of courses during the quarter, the average daily attendance allowed for that pupil’s attendance shall bear the same proportion to one day of attendance as the number of courses in which the pupil is enrolled bears to five or the equivalent number for the quarter system. However, this requirement shall not apply to pupils enrolled in regional occupational programs, regional occupational centers, courses at accredited postsecondary educational institutions, independent study, special education programs where the pupil’s individualized education program establishes a different number of courses, continuation education classes, work experience education programs approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28, or any other course of study authorized by the governing board which is equivalent to the approved high school course of study. (Amended by Stats. 1985, Ch. 1597, Sec. 10.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46146. Source version: id_7c4acc72-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. (a) A day of attendance in grades 11 and 12 is 180 minutes of attendance if the pupil is also enrolled part time in classes of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses. (b) A day of attendance for any pupil who is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27 and who will receive academic credit upon satisfactory completion of enrolled courses is 180 minutes of attendance. (c) Notwithstanding any other law, for purposes of computing the average daily attendance of a pupil described in subdivision (a) or (b), the 180-minute minimum schoolday permitted by this section shall be computed and reported as attendance for three-quarters of the full 240-minute minimum schoolday prescribed by Section 46141, except as provided in Section 46146.5. Commencing with the 1995–96 fiscal year, if a pupil described in subdivision (a) or (b) is in attendance for more than 180 minutes, the average daily attendance of the pupil shall be computed and reported by determining the percentage of the full 240-minute minimum schoolday prescribed by Section 46141 that the pupil was in attendance at the school. No more than one full day of attendance may be reported for any pupil for any schoolday pursuant to this subdivision. (Amended by Stats. 2026, Ch. 65, Sec. 86. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46146.5. Source version: id_81377ad4-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. (a) A day of attendance for a pupil enrolled in grade 11 or 12 in an early college high school, a middle college high school, or dual enrollment courses offered by a local educational agency with or without a College and Career Access Pathways partnership agreement consistent with the requirements of Section 76004 is 180 minutes of attendance if the pupil is also enrolled part time in courses of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses. (b) A day of attendance for a pupil enrolled in an early college high school, a middle college high school, or dual enrollment courses offered by a local educational agency with or without a College and Career Access Pathways partnership agreement who is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27, and who will receive academic credit upon satisfactory completion of enrolled courses, is 180 minutes of attendance. (c) A day of attendance for a pupil enrolled in an early college high school, a middle college high school, or dual enrollment courses offered by a local educational agency with or without a College and Career Access Pathways partnership agreement who does not satisfy subdivision (a) or (b) is 240 minutes of attendance. (d) For a charter school that is an early college high school or middle college high school, for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of a pupil enrolled in grade 11 or 12 for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5 if the pupil is also enrolled part time in courses of the California State University or the University of California for which academic credit will be provided upon satisfactory completion of enrolled courses. (e) For a charter school that is an early college high school or middle college high school, for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5 if the pupil is also a special part-time student enrolled in a community college under Article 1 (commencing with Section 48800) of Chapter 5 of Part 27, and who will receive academic credit upon satisfactory completion of enrolled courses. (f) For a pupil enrolled in a charter school that is an early college high school or middle college high school and who does not satisfy the attendance and enrollment requirements of subdivision (d) or (e), for purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of the pupil for a minimum of 67 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5. (g) For purposes of this section, the following definitions apply: (1) “College and Career Access Pathways partnership agreement” has the same meaning as described in Section 76004. (2) “Early college high school” has the same meaning as described in Section 11302. (3) “Local educational agency” means a school district, county office of education, or charter school. (4) “Middle college high school” has the same meaning as described in Section 11300. (h) The requirements of this section shall be subject to annual audits, which shall be conducted pursuant to Section 41020. (Amended by Stats. 2026, Ch. 65, Sec. 87. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46147. Source version: id_d637a9f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. Notwithstanding the 180-minute minimum day requirement of Section 46144, the governing board of any school district may permit a 12th-grade pupil in his or her last semester or quarter, as the case may be, before graduation, who is enrolled in a work experience education program approved under the provisions of Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 and who would complete all of the requirements for graduation by attending high school, except courses of physical education, for less than 180 minutes each day, to attend high school for less than a minimum day of 180 minutes, upon the written request of a parent or legal guardian or upon his or her own request if the pupil is 18 years of age or over. If a pupil attends classes for less than 180 minutes per day pursuant to this section, the number of minutes actually attended per day shall be rounded down to the nearest multiple of 60. The average daily attendance allowed for that pupil’s attendance shall bear the same proportion to one day of attendance as the number of minutes of attendance per day bears to 180. (Amended by Stats. 1983, Ch. 498, Sec. 79. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46148. Source version: id_be25f775-0c8e-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. (a) (1) The schoolday for high schools, including high schools operated as charter schools, shall begin no earlier than 8:30 a.m. (2) The schoolday for middle schools, including middle schools operated as charter schools, shall begin no earlier than 8:00 a.m. (b) For purposes of this section, “schoolday” has the same meaning as defined by the school district or charter school for purposes of calculating average daily attendance in order to compute any apportionments of state funding. This section does not prohibit a school district or charter school from offering classes or activities to a limited number of pupils before the start of the schoolday that do not generate average daily attendance for purposes of computing any apportionments of state funding. (c) This section shall be implemented by middle schools and high schools no later than July 1, 2022, or the date on which a school district’s or charter school’s respective collective bargaining agreement that is operative on January 1, 2020, expires, whichever is later. (d) This section shall not apply to rural school districts. (e) The department is encouraged to post on its internet website available research on the impact of sleep deprivation on adolescents and the benefits of a later school start time and examples of successful strategies for managing the change to a later school start time, and to advise school districts and charter schools of this posting. (f) The Legislature encourages school districts, charter schools, and community organizations to inform their communities, including parents, teenagers, educators, athletic coaches, and other stakeholders, about the health, safety, and academic impact of sleep deprivation on middle and high school pupils and the benefits of a later school start time, and to discuss local strategies to successfully implement the later school start time. (Added by Stats. 2019, Ch. 868, Sec. 1. (SB 328) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3. Junior High School and High School [46140 - 46149] SECTION 46149. Source version: id_8c3e465e-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3. Notwithstanding any other law, a school district, county office of education, or charter school that offers grades 10 and 12 shall also offer and enroll pupils in grade 11. (Added by Stats. 2026, Ch. 65, Sec. 88. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 3.5. State High School Attendance Awards [46150- 46150.] SECTION 46150. Source version: id_d637a9f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=3.5. It is the intent of the Legislature that efforts by high school faculty, staff, and students to improve student attendance at their schools be recognized. It is also the intent of the Legislature that this recognition shall be provided through a state high school attendance awards program, if feasible. (Added by Stats. 1984, Ch. 36, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] SECTION 46160. Source version: id_3e407251-5da4-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=4. (a) (1) Notwithstanding any other law, the governing board of a school district that maintains a junior high school or high school may schedule classes in these schools so that each pupil attends classes for at least 1,200 minutes during any five-schoolday period or 2,400 minutes during any 10-schoolday period. (2) Notwithstanding any other law, the governing board of a school district that maintains an early college high school or middle college high school may schedule classes in these schools so that each pupil who satisfies subdivision (a) or (b) of Section 46146.5 attends classes for at least 900 minutes during any five-schoolday period or 1,800 minutes during any 10-schoolday period. (b) Under a schedule pursuant to subdivision (a), any pupil may be authorized to attend school for less than the total number of days in which the school is in session as long as the pupil attends the required number of minutes per five-schoolday period or per 10-schoolday period to accommodate career technical education and regional occupational center and program courses and block or other alternative school class schedules. (c) Computations authorized by this section shall not result in an increase in state apportionments to a school district. (Amended by Stats. 2017, Ch. 15, Sec. 27. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] SECTION 46161. Source version: id_d639309d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=4. If a pupil attends classes pursuant to a schedule adopted under the authority of this chapter, he shall be deemed to have complied with all of the requirements of this code relating to school attendance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 4. Alternative Schedule—Junior High and High School [46160 - 46162] SECTION 46162. Source version: id_d639309f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=4. Prior to implementing a program under the provisions of this chapter in any school of the district, the school district governing board shall consult in good faith in an effort to reach agreement with the certificated and classified employees of the school, with the parents of pupils who would be affected by the change, and with the community at large. Such consultation shall include at least one public hearing for which the board has given adequate notice to the employees and to the parents of pupils affected. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 5. Minimum Day—Continuation Schools [46170- 46170.] SECTION 46170. Source version: id_50242fdc-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=5. (a) In continuation high schools and continuation education classes, a day of attendance is 180 minutes of attendance, but no pupil shall be credited with more than 15 hours of attendance per school week, proportionately reduced for those school weeks having weekday holidays on which classes are not held. (b) Notwithstanding subdivision (a) and any other law, the governing board of a school district that maintains a continuation high school or continuation education classes may offer youth workforce development programs to pupils on one or two weekdays per school week if it ensures that they are otherwise enrolled in at least 15 hours of class attendance per school week. (c) A school district that implements a youth workforce development program for purposes of this section shall establish procedures to track pupil attendance and pupil participation while engaging in a youth workforce development program. (d) (1) For purposes of this section, “youth workforce development program” means a program implemented by a continuation high school or school offering continuation education classes, under the supervision of a certificated employee, which enables pupils to earn either academic credit or an industry certificate while engaging in workplace experiences, or workforce development training, with the goal of providing the pupils with the skills and experience necessary to obtain employment at a livable wage following graduation. A youth workforce development program shall be aligned to pupil skills and in-demand careers and provide pupils with technical training and soft skills. A youth workforce development program shall be offered in partnership with a community college district, adult education program, regional occupational program or center, workforce development program accredited by the Western Association of Schools and Colleges, or an organization that offers industry-recognized certifications. School districts are encouraged to give priority to programs that lead to an industry-recognized certificate or credential. (2) For purposes of paragraph (1), “supervision” means pupil participation in paid or unpaid on-the-job experiences wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences. (Amended by Stats. 2025, Ch. 696, Sec. 1. (AB 542) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 6. Opportunity Schools [46180- 46180.] SECTION 46180. Source version: id_d63930a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=6. The minimum day in an opportunity school or opportunity class is 180 minutes. A pupil may be enrolled in an opportunity program for not less than a class period of the school, nor more than 179 minutes per day. Attendance for a pupil enrolled in an opportunity program shall be credited to the regular class attendance. A pupil who is enrolled in both an opportunity program and a regular school, shall attend school for a period of time not less than the minimum schoolday required for the grade level in which he is enrolled. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 7. Adult School [46191- 46191.] SECTION 46191. Source version: id_d63ab74d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=7. (a) In classes for adults maintained for adults in any county jail, or any correctional facility, including any county industrial farm or county or joint county road camp, a day of attendance is 180 minutes of attendance; but no pupil in such a class shall be credited with more than one day of attendance in any calendar day, nor with more than 15 clock hours of attendance during any one school week. (b) Notwithstanding subdivision (a), a pupil in that class may be credited with more than one day of attendance in any calendar day, and more than 15 clock hours of attendance during any one school week, so long as the total number of units of average daily attendance calculated on that basis for the school district or county superintendent of schools do not exceed the number of units of average daily attendance actually reimbursed for the 1992–93 fiscal year for the school district or county superintendent of schools, as adjusted for any statutorily authorized rates of growth of units of average daily attendance. However, pursuant to subdivision (e) of Section 46300, no pupil in independent study, in a setting described in subdivision (a), shall be credited with more than one day of attendance in a calendar day. (c) One adult in a correctional facility may not generate more than one day of attendance if it results in another adult in the same correctional facility being denied classes. (Amended by Stats. 1993, Ch. 670, Sec. 8. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46200. Source version: id_c5d7250f-2f7f-11e3-a1bf-e0a3fa6e661b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. For a school district that received an apportionment pursuant to subdivision (a) of this section, as it read on January 1, 2013, and that offers less than 180 days of instruction or, in multitrack year-round schools, fewer than the number of days required in subdivision (a) of this section, as it read on January 1, 2013, in the 2013–14 fiscal year, or any fiscal year thereafter, the Superintendent shall withhold from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level the sum of 0.0056 multiplied by that apportionment for each day less than what was required in subdivision (a) of this section, as it read on January 1, 2013, up to a maximum of five days. (Amended by Stats. 2013, Ch. 357, Sec. 29. (SB 97) Effective September 26, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46200.5. Source version: id_e6e3a1ad-c130-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. (a) For a county office of education that operates a special day class or special day classes pursuant to Section 56364.2 and that offers fewer than 180 days of instruction, or, in multitrack year-round schools, fewer than the 163 days of instruction, the Superintendent shall withhold from the county superintendent of schools’ local control funding formula entitlement computed pursuant to either subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as determined pursuant to subdivision (g) of Section 2575, the amount computed pursuant to subdivision (b). (b) The withholding shall be equal the product of 0.0056 multiplied by the amount calculated for the affected pupil’s school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of average daily attendance of each affected grade level for each day less than what is required to avoid a reduction pursuant to this section, up to a maximum of five days. (c) This section does not apply to special day classes operated in county community schools established pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1 or juvenile court schools established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (Amended by Stats. 2020, Ch. 24, Sec. 40. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46201. Source version: id_ccc63321-2f7f-11e3-a1bf-e0a3fa6e661b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. (a) For each school district that received an apportionment pursuant to subdivision (a) of this section, as it read on January 1, 2013, and that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (b), the Superintendent shall withhold from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the sum of that apportionment multiplied by the percentage of the minimum offered minutes at that grade level that the school district failed to offer. (b) Commencing with the 2013–14 fiscal year: (1) Thirty-six thousand minutes in kindergarten. (2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive. (3) Fifty-four thousand minutes in grades 4 to 8, inclusive. (4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive. (Amended by Stats. 2013, Ch. 357, Sec. 30. (SB 97) Effective September 26, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46201.5. Source version: id_f70f092f-c130-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. (a) For a county office of education that operates a special day class or special day classes pursuant to Section 56364.2 and that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (b), the Superintendent shall withhold from the county superintendent of schools’ county local control funding formula entitlement computed pursuant to either subdivision (e) of Section 2574 or subdivision (a) of Section 2575, as determined pursuant to subdivision (g) of Section 2575, the amount computed pursuant to subdivision (c). (b) Commencing with the 2013–14 fiscal year, a county office of education shall, at a minimum, offer the following amount of instructional time: (1) Thirty-six thousand minutes in kindergarten. (2) Fifty thousand four hundred minutes in grades 1 to 3, inclusive. (3) Fifty-four thousand minutes in grades 4 to 8, inclusive. (4) Sixty-four thousand eight hundred minutes in grades 9 to 12, inclusive. (c) The withholding shall be equal to the amount calculated for the affected pupil’s school district of residence pursuant to subdivisions (d) to (f), inclusive, of Section 42238.02 for each unit of average daily attendance of each affected grade level multiplied by the percentage of the minimum required minutes at that grade level that the county office of education failed to offer. (d) This section does not apply to special day classes operated in county community schools established pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1 or juvenile court schools established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (Amended by Stats. 2020, Ch. 24, Sec. 41. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46201.6. Source version: id_d63dc49d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. Any school district that elected not to participate in either or both of the longer-day and longer-year incentive funding programs set forth in this article may commence participation in, and begin receiving funding for, either or both of those programs in the 1998–99 or 1999–2000 fiscal years, on the same basis as if it had participated in the program or programs since July 1, 1984, if the district meets the requirement of paragraph (3) of subdivision (a) of Section 46201 in the fiscal year in which it commences participation and each fiscal year thereafter. (Added by Stats. 1998, Ch. 330, Sec. 10. Effective August 21, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46202. Source version: id_d3cb6143-2f7f-11e3-a1bf-e0a3fa6e661b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. If a school district that does not participate in the program set forth in Sections 46200 to 46206, inclusive, as those sections read on January 1, 2013, offers less instructional time in a fiscal year than the amount of instructional time fixed for the 1982–83 fiscal year, the Superintendent shall withhold for that fiscal year, from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the amount of that apportionment multiplied by the percentage of instructional minutes fixed in the 1982–83 school year, at that grade level, that the school district failed to offer. (Amended by Stats. 2013, Ch. 357, Sec. 31. (SB 97) Effective September 26, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46203. Source version: id_d63dc4a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. Amounts apportioned to school districts pursuant to this article shall supplement, and not supplant, apportionments received pursuant to any other provision of law. (Added by Stats. 1983, Ch. 498, Sec. 80. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46205. Source version: id_d63f4b45-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. (a) For purposes of this article, instructional time for school districts conducting early-late instructional programs in kindergarten and grades 1 to 8, inclusive, shall be computed by adding the total amount of instructional time provided in each portion of the early-late instructional programs to the amount of instructional time offered when all pupils in the class are scheduled to attend. It is not the intent of the Legislature to disrupt or restrict early-late instructional programs for pupils in kindergarten and grades 1 to 8, inclusive. (b) This section shall be applicable only if the early-late instructional program was in operation during the 1983–84 fiscal year, except that the Superintendent of Public Instruction may approve, based on educational reasons, the application of this section to programs commencing operation after the 1983–84 fiscal year. (c) Notwithstanding any other provision of law, this section is not applicable to any class in any grade level for which class size reduction funding is received pursuant to the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28; provided, however, that this section may be applicable to any class in any grade level for which class size reduction funding is received pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 52122 if a school district operated under this section prior to July 1, 1996. (Amended by Stats. 1996, Ch. 621, Sec. 5. Effective September 19, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46206. Source version: id_d63f4b47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. (a) The State Board of Education may waive the fiscal penalties set forth in this article for a school district or county office of education that fails to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year, or both. (b) For fiscal penalties incurred as a result of a shortfall on instructional time in the 2000–01 fiscal year or thereafter, a waiver may only be granted pursuant to subdivision (a) upon the condition that the school or schools in which the minutes, days, or both, were lost, maintain minutes and days of instruction equal to those lost and in addition to the amount otherwise prescribed in this article for twice the number of years that it failed to maintain the prescribed minimum length of time for the instructional school year, minimum number of instructional days for the school year following the year, or both, commencing not later than the school year following the year in which the waiver was granted and continuing for each succeeding school year until the condition is satisfied. Compliance with the condition shall be specifically verified in the report of the annual audit of the school district or county office of education for each year in which the additional time is to be maintained. If an audit report for a year in which the additional time is to be maintained does not verify that the time was provided, that finding shall be addressed as set forth in Section 41344. (c) It is the intent of the Legislature that school districts and county offices of education make every effort to make up any instructional days and minutes lost during the school year in which the loss occurred, rather than seeking a waiver pursuant to the provisions of this section. (d) The State Board of Education may grant a waiver pursuant to subdivision (a) without the condition provided in subdivision (b) to any school district that maintained a single session kindergarten class in the 1982–83 school year for more than the maximum number of 240 minutes permitted by state law and that, due to the school district’s growth and facilities limitations, is required to operate two sessions of kindergarten per day in the same classroom. (Amended by Stats. 2002, Ch. 942, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46207. Source version: id_321f3bbd-e381-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. (a) Notwithstanding Sections 46200 to 46205, inclusive, upon a determination that a school district equals or exceeds its local control funding formula target computed pursuant to Section 42238.02 as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) of Section 42238.03, each school district, as a condition of apportionment pursuant to Section 42238.02, as implemented pursuant to Section 42238.03, shall, for each fiscal year, offer, at a minimum, the following number of minutes of instruction: (1) To pupils in kindergarten, 36,000 minutes. (2) To pupils in grades 1 to 3, inclusive, 50,400 minutes. (3) To pupils in grades 4 to 8, inclusive, 54,000 minutes. (4) To pupils in grades 9 to 12, inclusive, 64,800 minutes. (b) For a school district that has met its local control funding formula target that reduces the amount of instructional time offered below the minimum amounts specified in subdivision (a), the Superintendent shall withhold from the school district’s local control funding formula apportionment for the average daily attendance of each affected grade level, the product of that apportionment multiplied by the percentage of the minimum offered minutes at that grade level that the school district failed to offer. (c) Notwithstanding subdivision (a), for the 2013–14 and 2014–15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section. (Added by Stats. 2013, Ch. 47, Sec. 71. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 8. Incentives for Longer Instructional Day and Year [46200 - 46208] SECTION 46208. Source version: id_dabfc685-2f7f-11e3-a1bf-e0a3fa6e661b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=8. (a) Notwithstanding Sections 46200 to 46205, inclusive, upon a determination that a school district equals or exceeds its local control funding formula target computed pursuant to Section 42238.02 as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) of Section 42238.03, each school district, as a condition of apportionment pursuant to Section 42238.02, as implemented pursuant to Section 42238.03, shall offer 180 days or more of instruction per school year. A school operating as a multitrack year-round school shall be deemed to be in compliance with the 180-day requirement if it certifies to the Superintendent that it is a multitrack year-round school and maintains its school for a minimum of 163 schooldays. (b) Notwithstanding subdivision (a), for the 2013–14 and 2014–15 school years, a school district that equals or exceeds its computed local control funding formula target may reduce the equivalent of up to five days of instruction or the equivalent number of instructional minutes without incurring the penalties set forth in this section. (c) For a school district that has met its local control funding formula target and that offers fewer than the number of instructional days required pursuant to this section, the Superintendent shall withhold from the school district’s local control funding formula grant apportionment pursuant to Section 42238.02, as implemented by Section 42238.03, for the average daily attendance of each affected grade level, the sum of 0.0056 multiplied by that apportionment for each day less than what was required pursuant to this section, for up to five days. (Amended by Stats. 2013, Ch. 357, Sec. 32. (SB 97) Effective September 26, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 9. Attendance Recovery Programs [46210 - 46211] SECTION 46210. Source version: id_40cb02c7-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=9. (a) (1) It is the intent of the Legislature to support local educational agencies in conducting evidence-based activities to address chronic absenteeism and loss of attendance due to emergency events. These activities may include, but are not limited to, all of the following: (A) Establishing a community school model, as described in Section 8901. (B) Implementing activities or programs to improve attendance and reduce chronic absenteeism, including, but not limited to, early warning systems or early intervention programs. (C) Implementing restorative practices, restorative justice models, or other programs to improve retention rates, reduce suspensions and other school removals, and reduce the referral of pupils to law enforcement agencies. (D) Implementing activities that advance social-emotional learning, positive behavior interventions and supports, culturally responsive practices, and trauma-informed strategies. (E) Establishing partnerships with community-based organizations or other relevant entities to support the implementation of evidence-based, nonpunitive approaches to further the goals of the program. (F) Adding or increasing staff within a local educational agency whose primary purpose is to address ongoing chronic attendance problems, including, but not necessarily limited to, conducting outreach to families and children currently, or at risk of becoming, chronically truant. (2) The Legislature also finds and declares that opportunities for attendance recovery increase pupil access to instructional time and content that otherwise might not be made available to them, and provide local educational agencies with the ability to recover funding dependent upon pupil attendance. It is the intent of the Legislature that local educational agencies implement evidence-based strategies to address absenteeism and leverage innovation to improve pupil attendance and increase instructional time, especially for more vulnerable and high-needs pupil populations. (3) The Legislature also finds and declares that access to instruction as part of a regular instructional program is the preferred method of learning for pupils, and the availability of attendance recovery should not discourage local educational agencies that regularly experience school closures from maintaining school calendars of greater than 180 days for school districts and 175 days for charters schools to maximize instruction in a regular instructional program. (b) (1) It is the intent of the Legislature that, in implementing attendance recovery programs, local educational agencies maintain the same high expectations for pupils participating in regular instructional programs. It is further the intent of the Legislature that a pupil in an attendance recovery program will receive instruction that aligns with grade-level standards that are substantially equivalent to a pupil’s regular classroom-based instructional program. (2) It is further the intent of the Legislature that the operation of attendance recovery programs does not negatively impact implementation of expanded learning programs, which are designed to improve pupil engagement and regular schoolday attendance, including before- and after-school programs and intersessional programs operated pursuant to Section 46120 and Article 19 (commencing with Section 8420) of, Article 22.5 (commencing with Section 8482) of, and Article 22.6 (commencing with Section 8484.7) of, Chapter 2 of Part 6 of Division 1 of Title 1. It is the intent of the Legislature that when attendance recovery programs are operated in conjunction with expanded learning programs to achieve fiscal efficiencies, fiscal impacts to expanded learning programs are minimized and pupil access to expanded learning programs are expanded. Local educational agencies are encouraged to offer expanding learning programs to chronically absent pupils as an attendance reengagement strategy. (Added by Stats. 2024, Ch. 38, Sec. 45. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 2. Attendance—Maximum Credit—Minimum Day [46100 - 46211] ARTICLE 9. Attendance Recovery Programs [46210 - 46211] SECTION 46211. Source version: id_1c69aebe-a949-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=2.&article=9. (a) Beginning July 1, 2025, to address the educational and fiscal impacts of pupil absences, a local educational agency may implement attendance recovery programs for pupils to make up lost instructional time and offset absences, including reducing chronic absenteeism. (b) (1) An attendance recovery program implemented pursuant to this article may be operated before or after school, on weekends, or during intersessional periods. Local educational agencies that operate attendance recovery programs shall offer access to attendance recovery programs throughout the school year, including, at least once during each term, such as each trimester or quarter. Average daily attendance generated through an attendance recovery program shall be credited to the school year in which the attendance recovery program is operated and the local educational agency in which the pupil is enrolled. (2) Instructional time included for the purposes of generating average daily attendance pursuant to this section shall not be included within the instructional time used to meet the annual day and minute requirements pursuant to Sections 46207, 46208, 47612, and 47612.5 of this code, and Section 11960 of Title 5 of the California Code of Regulations, as applicable. (c) Participation in an attendance recovery program shall not be compulsory or punitive for pupils. Pupils concurrently participating in both an attendance recovery program and an expanded learning opportunities program pursuant to Section 46120 shall retain their ability to participate in the entirety of an expanded learning opportunities program’s offerings pursuant to Section 46120 for the duration of the school year. (d) (1) For participation in an attendance recovery program, a pupil shall not be credited with more than the lesser of the equivalent of 10 days of attendance in a school year, or the number of absences the pupil accrued in that school year. For purposes of meeting all of the requirements of this section, an individual pupil shall not be credited with more than one day of attendance for any calendar day of participation in an attendance recovery program. (2) A pupil shall not be credited with more than five days of attendance per school week for school districts or county offices of education, or more than one day of attendance in a calendar day when school is actually taught pursuant to Section 47612 of this code and Section 11960 of Title 5 of the California Code of Regulations for charter schools. (3) Attendance accrued through participation in an attendance recovery program shall be tracked and reported to the department by local educational agencies separately from average daily attendance generated during the schoolday in classroom-based programs. (4) When reporting attendance accrued through participation in an attendance recovery program to the department pursuant to Sections 60900 and 60901, consistent with paragraph (3), the attendance shall be reported separately from those days of attendance not accrued through participation in an attendance recovery program. The department shall also separately report days accrued through attendance recovery programs on its internet website. (e) (1) Notwithstanding Sections 46112, 46113, 46114, 46117, 46141, 46142, 46146, 46146.5, 46148, 46170, 46180, 48645.3, and 48663, pupils participating in an attendance recovery program operating pursuant to this section may generate average daily attendance. Average daily attendance generated through a pupil’s participation in an attendance recovery program may be accumulated in increments of one hour, as documented by the teacher of each attendance recovery classroom described in subdivision (g) and maintained by the local educational agency. A pupil shall only be credited with not less than a full day of attendance in an attendance recovery program, and only once the amount of time that a pupil participates in an attendance recovery program meets the applicable minimum daily minutes requirements pursuant to Article 2 (commencing with Section 46110) and Article 3 (commencing with Section 46140), including the minimum schoolday for a pupil with an individualized education program pursuant to Section 46307, up to the limits established in subdivision (d). (2) (A) For the purposes of computing average daily attendance for purposes of this article, the minimum daily instructional minute requirements pursuant to Article 2 (commencing with Section 46110) and Article 3 (commencing with Section 46140) apply to all local educational agencies, including charter schools, except for county community schools operated pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1, continuation high schools operated pursuant to Chapter 3 (commencing with Section 48400) of Part 27, opportunity schools operated pursuant to Chapter 4 (commencing with Section 48640) of Part 27, juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27, and community day schools operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27. (B) Charter schools shall comply with the minimum daily instructional minute requirements for the applicable grade span pursuant to Sections 46112, 46113, 46114, 46117, 46141, and 46142. (C) County community schools, continuation high schools, opportunity schools, juvenile court schools, and community day schools shall comply with schoolday and instructional minute requirements for the applicable setting pursuant to Sections 1983, 46170, 46180, 48645.3, and 48663. (f) As a condition of generating average daily attendance, an attendance recovery program shall be composed of pupils engaged in educational activities and content aligned to grade level standards that are substantially equivalent to the pupils’ regular instructional program, which may include one-on-one or small group tutoring, and shall be under the immediate supervision and control of a certificated teacher who is also an employee of the local educational agency and who possesses a valid certification document, registered as required by law, pursuant to Sections 46300 and 47612.5. An attendance recovery program shall not exceed a pupil-to-certificated teacher ratio of 10 to 1 for transitional kindergarten and kindergarten or 20 to 1 for grades 1 to 12, inclusive. A local educational agency shall maintain documentation demonstrating how the attendance recovery program met the applicable ratios required pursuant to this subdivision. (g) (1) An attendance recovery program shall be provided only as a limited-term option for a classroom-based, regular educational program for pupils in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive. Pupils otherwise enrolled in a nonclassroom-based program, including pupils served by a nonclassroom-based charter school pursuant to Section 47612.5, shall not participate in an attendance recovery program and a local educational agency shall not generate apportionment through an attendance recovery program for pupils enrolled in a nonclassroom-based program. (2) (A) For school districts, a pupil is enrolled in a nonclassroom-based program for purposes of this subdivision if the pupil meets the minimum day requirements for independent study and is continually enrolled in independent study for more than 15 schooldays in a school year. (B) For charter schools, a pupil is enrolled in a nonclassroom-based program for purposes of this subdivision if the pupil is continually enrolled in independent study for more than 15 schooldays on any of the days on which school is taught for the purpose of meeting the requirement to offer 175 instructional days, as described in Section 11960 of Title 5 of the California Code of Regulations. (3) A charter school that serves pupils pursuant to Section 47612.1 shall not participate in an attendance recovery program operated pursuant to this section. (h) On or before June 30, 2025, the department shall develop and maintain on its internet website guidance to support local educational agencies in creating and implementing high-quality attendance recovery programs. (i) (1) In consultation with the executive director of the state board, the department shall research local pupil information systems to identify opportunities for local educational agencies to collect and report to the state more nuanced data about the reasons for pupil absences. (2) At a minimum, the department shall investigate opportunities to use and improve existing pupil information systems to more accurately track pupil absences and their reasons, including, but not limited to, those absences caused by each of the following: (A) School closures due to emergencies pursuant to Section 41422. (B) Schooldays of materially decreased attendance due to emergencies pursuant to Section 46392. (C) Pupil absences due to emergencies pursuant to Section 46392, or any other personal or large-scale emergencies. (3) The department shall use the research collected pursuant to this subdivision to develop recommendations to amend existing laws, regulations, guidance, and processes to collect, aggregate, and disaggregate absenteeism data from local educational agencies to provide additional clarity on the causes of pupil absenteeism across the state, including by pupil subgroup. These recommendations shall include steps to calculate an adjusted chronic absenteeism rate that does not include absences due to emergencies pursuant to Section 46392. (4) On or before January 1, 2026, the department shall submit a report of its findings and recommendations to the chairs of the budget committees of both houses of the Legislature, the Superintendent, the executive director of the state board, and the Director of Finance. (j) Commencing with the 2025–26 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in subdivisions (d) to (g), inclusive, including loss of apportionment for an attendance recovery program pursuant to this article for local educational agencies found to be noncompliant. (k) For purposes of this article, the following terms have the following meanings: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “School year” has the same meaning as described in Section 37200. (Amended by Stats. 2025, Ch. 744, Sec. 7. (SB 147) Effective October 13, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46300. Source version: id_94cd34d1-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. (a) In computing average daily attendance of a school district or county office of education, there shall be included the attendance of pupils while engaged in educational activities required of those pupils and under the immediate supervision and control of an employee of the district or county office who possessed a valid certification document, registered as required by law. (b) (1) For purposes of a work experience education program in a secondary school that meets the standards of the California State Plan for Career Technical Education, “immediate supervision,” in the context of off-campus work training stations, means pupil participation in on-the-job training as outlined under a training agreement, coordinated by the school district under a state-approved plan, wherein the employer and certificated school personnel share the responsibility for on-the-job supervision. (2) The pupil-teacher ratio in a work experience program shall not exceed 125 pupils per full-time equivalent certificated teacher coordinator. This ratio may be waived by the state board pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2 under criteria developed by the state board. (3) A pupil enrolled in a work experience program shall not be credited with more than one day of attendance per calendar day, and shall be a full-time pupil enrolled in regular classes that meet the requirements of Section 46141 or 46144. (c) (1) For purposes of the rehabilitative schools, classes, or programs described in Section 48917 that require immediate supervision, “immediate supervision” means that the person to whom the pupil is required to report for training, counseling, tutoring, or other prescribed activity shares the responsibility for the supervision of the pupils in the rehabilitative activities with certificated personnel of the district. (2) A pupil enrolled in a rehabilitative school, class, or program shall not be credited with more than one day of attendance per calendar day. (d) (1) For purposes of computing the average daily attendance of pupils engaged in the educational activities required of high school pupils who are also enrolled in a regional occupational center or regional occupational program, the school district shall receive proportional average daily attendance credit for those educational activities that are less than the minimum schoolday, pursuant to regulations adopted by the state board; however, none of that attendance shall be counted for purposes of computing attendance pursuant to Section 52324. (2) A school district shall not receive proportional average daily attendance credit pursuant to this subdivision for a pupil in attendance for less than 145 minutes each day. (3) The divisor for computing proportional average daily attendance pursuant to this subdivision is 240, except that, in the case of a pupil excused from physical education classes pursuant to Section 52316, the divisor is 180. (4) Notwithstanding any other law, travel time of pupils to attend a regional occupational center or regional occupational program shall not be used in any manner in the computation of average daily attendance. (e) (1) In computing the average daily attendance of a school district, there shall also be included the attendance of pupils participating in independent study conducted pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28. (2) A pupil participating in independent study shall not be credited with more than one day of attendance per calendar day. (f) For purposes of cooperative career technical education programs and community classrooms described in Section 52372.1, “immediate supervision” means pupil participation in paid and unpaid on-the-job experiences, as outlined under a training agreement and individualized training plans wherein the supervisor of the training site and certificated school personnel share the responsibility for the supervision of on-the-job experiences. (g) (1) In computing the average daily attendance of a school district or charter school, there shall be included the attendance of pupils in kindergarten after they have completed one school year in kindergarten or pupils in a transitional kindergarten program after they have completed one year in that program if one of the following conditions is met: (A) The school district or charter school has on file for each of those pupils an agreement made pursuant to Section 48011, approved in form and content by the department and signed by the pupil’s parent or guardian, that the pupil may continue in kindergarten for not more than one additional school year. (B) The pupils participated in a transitional kindergarten program pursuant to subdivision (c) of Section 48000. (2) A school district or charter school may not include for apportionment purposes the attendance of any pupil for more than two years in kindergarten or for more than two years in a combination of transitional kindergarten and kindergarten. (Amended by Stats. 2024, Ch. 38, Sec. 46. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46300.1. Source version: id_d642588f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. Commencing July 1, 1993, no school district may receive school district apportionments pursuant to Section 42238 for independent study by pupils 21 years of age or older or by pupils 19 years of age or older who have not been continuously enrolled in kindergarten or any of grades 1 to 12, inclusive, since their 18th birthday. (Repealed and added by Stats. 1992, Ch. 1195, Sec. 5. Effective January 1, 1993. Operative July 1, 1993, by Sec. 15 of Ch. 1195.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46300.2. Source version: id_d6425891-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. The State Department of Education shall apportion funds for community school and independent study average daily attendance only for average daily attendance claimed by school districts and county superintendents of schools for pupils who officially reside in the county in which the apportionment claim is reported, or who officially reside in a county immediately adjacent to the county in which the apportionment claim is reported. (Added by Stats. 1993, Ch. 66, Sec. 27. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46300.3. Source version: id_de440a05-684f-11ee-9c78-87c31dafaaa8 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. An employee of the Mountain Valley Special Education Joint Powers Authority who possessed a valid certification document, registered as required by law, shall be deemed an employee of a school district in the County of Shasta or an employee of the Shasta County Office of Education who possessed a valid certification document, registered as required by law, for purposes of Section 46300. (Added by Stats. 2023, Ch. 623, Sec. 1. (SB 648) Effective October 8, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46300.5. Source version: id_d6425895-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. For the purposes of educational programs sponsored by the California Firefighter Joint Apprenticeship Program, the term “immediate supervision” as used in Section 46300 means, in the context of classes conducted at the workplace, pupil participation in classes instructed by a person who is qualified, by means of education or experience, as a journeyman, and shares the responsibility for supervision of the pupils participating in the classes with certificated personnel of the district. (Added by Stats. 1988, Ch. 1355, Sec. 20.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46300.6. Source version: id_d6425897-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. The State Department of Education shall not apportion funds to a local education agency for a pupil in the independent study program if that agency has provided any funds or other things of value to the pupil or his or her parent or guardian that the agency does not provide to pupils who attend regular classes or to their parents or guardians. (Added by Stats. 1993, Ch. 66, Sec. 28. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46300.7. Source version: id_d6425899-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. Notwithstanding any other provision of law, no school district or county office of education shall receive apportionments for any pupil in independent study unless that entity receives written permission from the parent or guardian of the pupil prior to the commencement of independent study by that pupil. The written permission shall specify the actual dates of participation, the methods of study and evaluation, and the resources to be made available for the independent study program for the pupil. (Added by Stats. 1993, Ch. 66, Sec. 29. Effective June 30, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46301. Source version: id_d643de3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. Whenever it is necessary to compute the average daily attendance of a school of a district for any certain purpose and no provision is made for the computation thereof for such purpose, the average daily attendance of the school shall be computed by dividing the total number of days of pupil attendance allowed by the number of days school was actually taught in the regular day schools of the district, exclusive of Saturdays or Sundays. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46302. Source version: id_d643de3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. Where in a high school or elementary school four terms of school of at least 12 weeks each are maintained during a fiscal year, and where the course of instruction is so arranged that students may complete a full year’s work in any three terms, the total number of days of pupils attendance shall be divided by the greatest number of days school was actually taught in any three of the four terms, but in no case shall the divisor be less than 175. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46303. Source version: id_d643de3f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. (a) If any computation of average daily attendance made under, or necessitated by, any provision of law, results in a fraction of less than one-half of a unit, the average daily attendance shall be taken as the next lowest whole number, except that if such computation results in an average daily attendance of less than one unit, the average daily attendance shall be deemed to be one unit; but if the fraction is one-half or more of a unit, the average daily attendance shall be taken as the next highest whole number. (b) Whenever any reference is made to a specific whole number of units of average daily attendance said number shall include any fraction above said number which is less than one-half of a unit, and any fraction of one-half or more of a unit above the next lowest whole number. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46304. Source version: id_d643de41-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. (a) Notwithstanding anything in this code to the contrary when as a result of the unification or other reorganization of school districts, or the change of school district boundaries, and if the Superintendent of Public Instruction determines that a school district in which pupils reside does not have suitable facilities in which to maintain school for all the day pupils of the district, or that for other good and sufficient reasons the education of pupils in the district in which they reside is not practical or in the best interests of the pupils, the governing board of the district of residence shall contract with the governing board of another school district for the education of those pupils for whom suitable facilities are not available, or who should be educated in another district, as determined by the Superintendent of Public Instruction. (b) Except as provided in subdivision (b) of Section 46607 and Sections 46610 and 46611, the average daily attendance of pupils attending a district other than the district in which they reside pursuant to a contract described in subdivision (a) shall be credited to the district of attendance for apportionment purposes. (c) Any reorganization proposal approved by the State Board of Education on or before December 31, 1994, shall be governed by Section 46304 as it existed on December 31, 1994. (Amended by Stats. 1994, Ch. 1186, Sec. 16. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46305. Source version: id_d643de43-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. Each elementary, high school, and unified school district shall report to the Superintendent of Public Instruction on forms prepared by the Department of Education in addition to all other attendance data as required, the active enrollment as of the third Wednesday of each school month and the actual attendance on the third Wednesday of each school month; except that if such day is a school holiday, the active enrollment and actual attendance of the first immediate preceding schoolday shall be reported. “Active enrollment” on a day a count is taken means the pupils in enrollment in the regular schooldays of the district on the first day of the school year on which the schools were in session, plus all later enrollees, minus all withdrawals since that day. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46307. Source version: id_d643de47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. Attendance of individuals with exceptional needs, identified pursuant to Chapter 4 (commencing with Section 56300) of Part 30, enrolled in a special day class or given instruction individually or in a home, hospital, or licensed children’s institution who attend school for either the same number of minutes that constitutes a minimum schoolday pursuant to Chapter 2 (commencing with Section 46100), or for the number of minutes of attendance specified in that pupil’s individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30, whichever is less, shall constitute a day of attendance. (Amended by Stats. 1997, Ch. 825, Sec. 19. Effective October 9, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 1. General Provisions [46300 - 46307.1] SECTION 46307.1. Source version: id_d64564e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=1. The computation of average daily attendance pursuant to this chapter shall not include the attendance of minors between the ages of 18 months and three years, inclusive, enrolled in programs operated by a county superintendent of schools who are physically handicapped, deaf or hard of hearing, or have speech disorders or speech defects. (Added by Stats. 1987, Ch. 1452, Sec. 393.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 6. County School Service Fund [46360- 46360.] SECTION 46360. Source version: id_d646eb97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=6. The average daily attendance of individuals with exceptional needs given instruction by a county superintendent of schools and whose attendance is credited to the county school service fund, shall be computed by dividing the total days of attendance of such pupils during the fiscal year by 175. (Amended by Stats. 1987, Ch. 1452, Sec. 395.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 7. County School Tuition Fund [46380- 46380.] SECTION 46380. Source version: id_41b602a6-8164-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=7. The average daily attendance for the fiscal year of pupils residing in a county of this state and attending a school in an adjoining state under Article 1 (commencing with Section 2000) of Chapter 7 of Part 2 of Division 1 of Title 1 shall be reported using the methodology for reporting second principal apportionment attendance as provided in Section 41601. (Amended by Stats. 2018, Ch. 32, Sec. 40. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] SECTION 46390. Source version: id_d648723f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=8. Where a school in a district maintaining more than one school is closed for a part of a term by order of a city or county board of health or of the State Board of Health, or because of fire, flood, impassable roads, epidemic, or other emergency, or by an order provided for in Section 41422, the average daily attendance of the school shall be estimated separately, as provided in Section 46392, and added to the average daily attendance of the other schools of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] SECTION 46391. Source version: id_d6487241-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=8. Whenever any attendance records of any district have been lost or destroyed, making it impossible for an accurate report on average daily attendance for the district for any fiscal year to be rendered, which fact shall be shown to the satisfaction of the Superintendent of Public Instruction by the affidavits of the members of the governing board of the district and the county superintendent of schools, the Superintendent of Public Instruction shall estimate the average daily attendance of such district. The estimated average daily attendance shall be deemed to be the actual average daily attendance for that fiscal year for the making of apportionments to the school district from the State School Fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] SECTION 46392. Source version: id_862cb4b6-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=8. (a) If the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of any of the following, the fact shall be established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools: (1) Fire. (2) Flood. (3) Impassable roads. (4) Epidemic. (5) Earthquake. (6) The imminence of a major safety hazard as determined by the local law enforcement agency. (7) A strike involving transportation services to pupils provided by a nonschool entity. (8) An order provided for in Section 41422. (9) Snowstorm. (b) (1) In the event a state of emergency is declared by the Governor in a county, a decrease in average daily attendance in the county below the approximate total average daily attendance that would have been credited to a school district, county office of education, or charter school had the state of emergency not occurred shall be deemed material. The Superintendent shall determine the length of the period during which average daily attendance has been reduced by the state of emergency. (2) The period determined by the Superintendent shall not extend into the next fiscal year following the declaration of the state of emergency by the Governor, except upon a showing by a school district, county office of education, or charter school, to the satisfaction of the Superintendent, that extending the period into the next fiscal year is essential to alleviate continued reductions in average daily attendance attributable to the state of emergency. (3) Notwithstanding any other law, the Superintendent shall extend through the 2018–19 fiscal year the period during which it is essential to alleviate continued reductions in average daily attendance attributable to a state of emergency declared by the Governor in October 2017, for a school district where no less than 5 percent of the residences within the school district or school district facilities were destroyed by the qualifying emergency. (c) (1) The average daily attendance of the school district, county office of education, or charter school for the fiscal year shall be estimated by the Superintendent in a manner that credits to the school district, county office of education, or charter school for determining the apportionments to be made to the school district, county office of education, or charter school from the State School Fund approximately the total average daily attendance that would have been credited to the school district, county office of education, or charter school had the emergency not occurred or had the order not been issued. (2) (A) From September 1, 2021, to June 30, 2022, inclusive, with the exception of a material loss of attendance for pupils who are individuals with exceptional needs, as that term is defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, a school district, county office of education, or charter school shall not receive average daily attendance credit pursuant to this section for pupils that have been quarantined and are unable to attend in-person instruction due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance. (B) Notwithstanding subparagraph (A), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive average daily attendance credit pursuant to this section for school closures related to impacts from COVID-19 or material loss of attendance due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools: (i) The school district, county office of education, or charter school is unable to provide in person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance. (ii) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (iii) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (d) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in November 2018, all of the following shall apply: (1) (A) In the 2020–21 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified second principal apportionment local control funding formula entitlement pursuant to Section 42238.02 in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, allocate the amount of that difference to the school district. (B) In the 2021–22 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 25 percent of the difference calculated in subparagraph (A) to the school district. (C) In the 2022–23 fiscal year, for school districts, the Superintendent shall allocate an amount equal to 12.5 percent of the difference calculated in subparagraph (A) to the school district. (2) (A) In the 2019–20 and 2020–21 fiscal years, for charter schools, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula entitlement pursuant to 42238.02 in the current year and each respective prior year and, if there is a difference, allocate the amount of that difference to the charter school. (B) In the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall allocate 25 percent of the difference calculated in subparagraph (A) to the charter school. (3) For a county office of education funded pursuant to paragraph (1) of subdivision (g) of Section 2575 that has within the boundaries of the county school districts or charter schools affected pursuant to this subdivision and that has in the schools operated by the county office of education at least a 10-percent decrease in average daily attendance in the current fiscal year, in the 2019–20 and 2020–21 fiscal years, the Superintendent shall calculate the difference between the county office of education’s alternative education grant entitlement certified at the annual principal apportionment pursuant to Section 2574 in the current fiscal year and each respective prior fiscal year and, if there is a difference, allocate the amount of that difference to the county office of education. (4) A school district may transfer funds received pursuant to paragraph (1) to the county office of education for the portion of the funds that represents pupils served by the county office of education who are funded through the school district’s local control funding formula apportionment pursuant to Section 2576. (5) In each fiscal year, the allocations pursuant to this subdivision shall be made to school districts and charter schools by the Superintendent as soon as practicable after the second principal apportionment and to county offices of education as soon as practicable after the annual principal apportionment. The allocations made shall be final. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment. (6) (A) The amounts described in this subdivision shall be continuously appropriated from the General Fund to the Superintendent for these purposes. (B) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by this subdivision shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202. (e) Notwithstanding any other law, for a school district or charter school physically located within a school district, where no less than 5 percent of the residences within the school district, or the school district’s facilities, were destroyed as a result of a state of emergency that was declared by the Governor in September 2020, all of the following shall apply: (1) For the 2021–22 fiscal year, for school districts, the Superintendent shall calculate the difference between the school district’s certified annual principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, including local revenue, pursuant to subdivision (j) of Section 42238.02, and any additional funds received pursuant to subdivision (e) of Section 42238.03 in excess of the entitlement calculated pursuant to Section 42238.02 and 42238.03 and, if there is a difference, allocate the amount of that difference to the school district. (2) For the 2021–22 fiscal year, for charter schools that operate a minimum of 175 school days and report at least 75 percent of the total second period average daily attendance for the 2019–20 fiscal year, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified second principal apportionment local control funding formula revenues pursuant to Section 42238.02 in the 2021–22 fiscal year and the 2019–20 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school. (3) School districts and charter schools shall notify the Superintendent of their eligibility pursuant to this subdivision by November 1, 2021, in the manner prescribed by the Superintendent. (4) Preliminary allocations made pursuant to paragraph (1) shall be made to school districts by the Superintendent through the principal apportionment beginning with the 2021–22 fiscal year first principal apportionment certification and shall be made final as of the annual principal apportionment. (5) Allocations pursuant to paragraph (2) shall be made to charter schools by the Superintendent as soon as practicable after the second principal apportionment and shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation of up to 50 percent no sooner than the first principal apportionment. (f) Notwithstanding any other law, for a school district where a school eligible for funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 was destroyed as a result of a state of emergency that was declared by the Governor in August 2021, the following shall apply: (1) The school district may continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 2021–22, 2022–23, and 2023–24 fiscal years. (2) The school shall be considered a necessary small school for the purpose of Section 42282 in the 2022–23 and 2023–24 fiscal years. (g) (1) Notwithstanding any other law, paragraphs (2) and (3) shall apply for the following charter schools identified in subparagraph (A), (B), or (C) that were damaged, destroyed, or directly impacted, as a result of a state of emergency that was declared by the Governor in January 2025: (A) Marquez Charter, Palisades Charter Elementary, and Palisades Charter High within the Los Angeles Unified School District. (B) Aveson Global Leadership Academy, Aveson School of Leaders, Odyssey Charter, OCS - South, and Pasadena Rosebud Academy in the Pasadena Unified School District. (C) Alma Fuerte Public in the City of Pasadena. (2) For the 2025–26 fiscal year, for charter schools identified in paragraph (1) that operate a minimum of 175 school days, as described in Section 41601, the Superintendent shall calculate the difference between the charter school’s certified local control funding formula entitlement pursuant to Section 42238.02 as of the annual principal apportionment in the 2025–26 fiscal year and the first principal apportionment in the 2024–25 fiscal year, and, if there is a difference, allocate the amount of that difference to the charter school. The amount calculated shall be adjusted to account for the increase in the add-on amount for transitional kindergarten pursuant to paragraph (3) of subdivision (g) of Section 42238.02 from the 2024–25 to 2025–26 fiscal years, inclusive, in a manner that ensures that the charter schools identified in paragraph (1) are not negatively impacted for the difference in the funding increase for transitional kindergarten. (3) Allocations pursuant to paragraph (2) shall be made final as of the annual principal apportionment. The Superintendent may provide a preliminary allocation no sooner than the first principal apportionment. (h) (1) Notwithstanding any other law, for charter schools listed in paragraph (1) of subdivision (g), the Superintendent shall calculate 30 percent of the charter school’s local control funding formula entitlement pursuant to Section 42238.02 as of the 2024–25 first principal apportionment and allocate that amount for each charter school in the 2026–27 fiscal year. (2) In the 2026–27 fiscal year, the Superintendent shall allocate four million dollars ($4,000,000) to Pasadena Unified School District to help address outstanding and ongoing recovery-related costs that resulted from the state of emergency that was declared by the Governor in January 2025. (i) This section applies to any average daily attendance that occurs during any part of a school year. (Amended by Stats. 2026, Ch. 65, Sec. 89. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 3. Average Daily Attendance [46300 - 46393] ARTICLE 8. Emergency Average Daily Attendance [46390 - 46393] SECTION 46393. Source version: id_fef5fd4a-819c-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=3.&article=8. (a) (1) The Legislature finds and declares that, given the effects of public health emergencies and the significant and growing number of natural disasters that the state has faced in recent years, there is an increased need for local educational agencies to provide instructional continuity for pupils when conditions make in-person instruction infeasible for all or some pupils, and that maintaining access to instruction during a natural disaster or emergency is crucial in mitigating the negative impacts of lost learning time and supporting pupil mental health. (2) It is the intent of the Legislature that all local educational agencies have plans in place to keep pupils learning in the event of school closures or absences, especially by being prepared to shift to online or other remote learning options, if necessary. While the first priority will always be to get pupils back to in-person instruction as quickly as possible following a natural disaster or other emergency event, schools should have the infrastructure in place to move instruction online, or otherwise deliver curriculum remotely, and ensure that pupils can access that instruction at short notice. Best practices like including independent study program agreements in back-to-school paperwork provided pursuant to Section 48980 for parents to sign ahead of time, posting assignments and pupil academic resources online, assigning laptops to all pupils, developing emergency partnerships with neighboring local educational agencies, and maintaining an online instructional platform can help local educational agencies be better prepared to shift to remote learning options if the need arises. (b) For affidavits submitted to the Superintendent for events occurring after September 1, 2021, but on or before June 30, 2026, that resulted in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, shall certify that it has a plan for which independent study will be offered to pupils, pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4. The plan shall comply with all of the following: (1) Independent study is offered to any pupil impacted by any of the conditions listed in Section 46392 within 10 instructional days of the first day of a school closure or material decrease in attendance. Pupils who are individuals with exceptional needs shall receive the services identified in their individualized education programs pursuant to paragraph (9) of subdivision (a) of Section 56345 and may participate in an independent study program. (2) Require reopening for in-person instruction as soon as possible unless prohibited under the direction of the local or state health officer. (3) Notwithstanding subdivision (c) of Section 51745 or subparagraph (F) of paragraph (9) of subdivision (g) of Section 51747, include information regarding establishing independent study master agreements in a reasonable amount of time. (c) Notwithstanding subdivision (b), the plan is not required to comply with subdivision (d), (e), or (f) of Section 51747 for school closures or a material decrease in attendance for 15 days or less for affected pupils. (d) A copy of the plan and, if applicable, the state or local public health or public safety order that required school closure shall accompany the affidavit provided to the Superintendent described in subdivision (b). (e) (1) For affidavits submitted to the Superintendent for events occurring on or after July 1, 2026, that result in a school closure or material decrease in attendance, a school district, county office of education, or charter school that provides an affidavit to the Superintendent, pursuant to Section 41422 or 46392, shall certify all of the following: (A) It has a local governing board- or body-adopted comprehensive school safety plan in place meeting the requirements of Section 32282, including the requirements of paragraph (3) of subdivision (a) of Section 32282. (B) Either of the following: (i) It has offered pupil engagement and instruction consistent with paragraph (3) of subdivision (a) of Section 32282. (ii) Due to extenuating circumstances, it has not provided pupil engagement and instruction consistent with paragraph (3) of subdivision (a) of Section 32282. A school district, county office of education, or charter school that certifies pursuant to this clause shall describe the circumstances that prevented it from providing pupil engagement and instruction and shall describe what pupil engagement, services, and instruction it did provide to support its pupils during or immediately after the period of closure or material decrease in attendance. (2) If applicable, a copy of the state or local public health or public safety order that required school closure shall accompany the affidavit provided to the Superintendent described in paragraph (1). (Amended by Stats. 2024, Ch. 998, Sec. 15. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46600. Source version: id_2a58222c-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= (a) (1) The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which the pupil is enrolled, except as specified in paragraphs (2) and (4). (2) The agreement shall stipulate the terms and conditions under which interdistrict attendance shall be permitted or denied. The agreement may contain standards for reapplication agreed to by the school district of residence and the school district of enrollment that differ from the requirements prescribed by paragraph (1). The agreement may stipulate terms and conditions established by the school district of residence and the school district of enrollment under which the permit may be revoked. (3) The designee of the superintendent of the school district of residence shall issue an individual permit verifying the school district’s approval, pursuant to policies of the governing board of the school district and terms of the agreement for the transfer. A permit shall be valid upon concurring endorsement by the designee of the governing board of the school district of proposed enrollment. The stipulation of the terms and conditions under which the permit may be revoked is the responsibility of the school district of enrollment. (4) Notwithstanding paragraph (2), a school district of residence or school district of enrollment shall not rescind existing transfer permits for pupils after June 30 following the completion of grade 10, or for pupils in grade 11 or 12. (b) A pupil who has been determined by personnel of either the school district of residence or the school district of proposed enrollment to have been the victim of an act of bullying, as defined in subdivision (r) of Section 48900, committed by a pupil of the school district of residence shall, at the request of the parent, be given priority for interdistrict attendance. (c) In addition to the requirements of subdivision (e) of Section 48915.1, and regardless of whether an agreement exists or a permit is issued pursuant to this section, any school district may admit a pupil expelled from another school district in which the pupil continues to reside. (d) (1) Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active duty military parent to a school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer. (2) A school district of residence shall approve an intradistrict transfer request for a victim of an act of bullying unless the requested school is at maximum capacity, in which case the school district shall accept an intradistrict transfer request for a different school in the school district. Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, if the school district of residence has only one school offering the grade level of the victim of an act of bullying and therefore there is no option for an intradistrict transfer, the victim of an act of bullying may apply for an interdistrict transfer and the school district of residence shall not prohibit the transfer if the school district of proposed enrollment approves the application for transfer. (3) A school district of proposed enrollment that elects to accept an interdistrict transfer pursuant to this subdivision shall accept all pupils who apply to transfer under this subdivision until the school district is at maximum capacity. A school district of proposed enrollment shall ensure that pupils admitted under this subdivision are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based on academic or athletic performance, physical condition, proficiency in English, family income, or any of the individual characteristics set forth in Section 220, including, but not limited to, race or ethnicity, gender, gender identity, gender expression, and immigration status. (4) (A) For purposes of this subdivision, “active military duty parent” means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Guard on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code. (B) For purposes of this subdivision, a “victim of an act of bullying” means a pupil that has been determined to have been a victim of bullying by an investigation pursuant to the complaint process described in Section 234.1 and the bullying was committed by any pupil in the school district of residence, and the parent of the pupil has filed a written complaint regarding the bullying with the school, school district personnel, or a local law enforcement agency. (5) (A) Upon request of the parent or guardian on behalf of a pupil eligible for transfer pursuant to this subdivision, a school district of enrollment shall provide transportation assistance to a pupil who is eligible for free or reduced-price meals. (B) A school district of enrollment may provide transportation assistance to any pupil admitted under this subdivision. (C) It is the intent of the Legislature that the amount of transportation assistance provided to a pupil pursuant to subparagraph (A) or (B) not exceed the supplemental grant received, if any, for the pupil pursuant to subdivision (e) of Section 42238.02. (Amended by Stats. 2020, Ch. 97, Sec. 1. (AB 2193) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46600.1. Source version: id_f55e570d-fcb9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= For purposes of this chapter, the following terms have the following meanings: (a) “Class 1 county” and “class 2 county” have the same meanings as defined in subdivision (e) of Section 48919.5. (b) “County board of education” means the county board that has jurisdiction over the school district denying the permit. (c) “Current year request” means a request for interdistrict transfer received beginning 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought. (d) (1) For purposes of appealing to the county board of education, a “denial” includes a school district’s failure to provide written notification of the school district’s decision within the timelines prescribed in this chapter. (2) A “denial” shall not include any of the following: (A) A request that has been deemed abandoned, as described in paragraph (4) of subdivision (a) of Section 46600.2. (B) An existing interdistrict transfer permit that has been revoked or rescinded in accordance with the policy of the governing board of the school district. (C) A denial by the school district of proposed enrollment when no permit has been first issued by the school district of residence. (e) “Future year request” means a request for interdistrict transfer received up until 15 calendar days before the commencement of instruction in the school year for which interdistrict transfer is sought. (f) “Parent” means the natural or adoptive parent or guardian, the person having legal custody, or other educational rights holder. (g) “School district of proposed enrollment” means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this chapter. (h) “School district of residence” means a school district in which the parent of a pupil resides and in which the pupil would otherwise be required to enroll pursuant to the compulsory education requirements as specified in Section 48200. (Added by Stats. 2018, Ch. 550, Sec. 2. (AB 2826) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46600.2. Source version: id_1e3449ff-fcba-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= (a) Each school district of residence and school district of proposed enrollment shall post on its Internet Web site the procedures and timelines, including a link to the policy of the governing board of the school district, regarding a request for an interdistrict transfer permit in a manner that is accessible to the public without a password. The information posted on the Internet Web site shall include, but need not be limited to, all of the following: (1) The date upon which the school district will begin accepting and processing interdistrict transfer requests for the subsequent school year. (2) The reasons for which the school district may approve or deny a request, and any information or documents that must be submitted as supporting evidence. (3) If applicable, the process and timelines by which a denial of a request may be appealed within the school district before the school district renders a final decision. (4) That failure of the parent to meet any timelines established by the school district shall be deemed an abandonment of the request. (5) Applicable timelines for processing a request, including statements that the school district shall do both of the following: (A) Notify a parent submitting a current year request, as defined in Section 46600.1, of its final decision within 30 calendar days from the date the request was received. (B) Notify a parent submitting a future year request, as defined in Section 46600.1, of its final decision as soon as possible, but no later than 14 calendar days after the commencement of instruction in the school year for which interdistrict transfer is sought. (6) The conditions under which an existing interdistrict transfer permit may be revoked or rescinded. (b) A school district that denies a request for an interdistrict transfer shall advise the parent, in writing, of the right to appeal to the county board of education within 30 calendar days from the date of the final denial. (c) Any written notice to parents regarding a school district’s decision on a request for interdistrict transfer shall conform to the translation requirements of Section 48985 and may be provided using any of the following methods: (1) Regular mail. (2) Electronic format, if the parent provides an email address. (3) By any other method normally used to communicate with parents in writing. (Added by Stats. 2018, Ch. 550, Sec. 3. (AB 2826) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46601. Source version: id_57e80f41-8893-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= (a) A parent may appeal a school district’s decision regarding a request for interdistrict transfer, within 30 calendar days of the date of the school district’s final denial, to the county board of education. (b) (1) Failure by the parent to appeal within the required time is good cause for rejection of an appeal. An appeal shall be accepted only upon verification by the county board of education’s designee that appeals within the school districts have been exhausted within the timelines provided pursuant to Section 46600.2. If new evidence or grounds for the request are introduced, the county board of education may remand the matter for further consideration by the school district or districts. In all other cases, the appeal shall be granted or denied on its merits. (2) (A) (i) The county board of education shall, unless clause (ii) applies, within 30 calendar days after the appeal is filed, determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance. (ii) The county board of education in a class 1 or class 2 county may extend the time period to up to 60 calendar days after the appeal is filed to determine whether the pupil should be permitted to attend the school district of proposed enrollment and the applicable period of attendance, if one or more of the following circumstances apply: (I) A delay in response by the parent, guardian, educational rights holder, or school district. (II) A delay due to incompatible availability for the factfinding hearing of the parent, guardian, educational rights holder, or school district. (III) A request to delay a factfinding hearing or board hearing by the parent, guardian, or educational rights holder, or an inability of the parent, guardian, or educational rights holder to attend a factfinding hearing or board hearing. (IV) A school district has closed their annual application window and is no longer accepting permit applications for the remainder of the current or future school year. (B) In the event that compliance by the county board of education within the time requirement for determining whether the pupil should be permitted to attend the school district of proposed enrollment is impractical, the county board of education or the county superintendent of schools, for good cause, may extend the time period for up to an additional five schooldays. The county board of education shall provide adequate notice to all parties of the date and time of any hearing scheduled and of the opportunity to submit written statements and documentation and to be heard on the matter pursuant to rules and regulations adopted by the county board of education in accordance with this chapter. The county board of education’s rules may provide for the granting of continuances upon a showing of good cause. The county board of education shall render a decision within three schooldays of any hearing conducted by the county board of education unless the parent requests a postponement. (C) In a class 1 or class 2 county, the county board of education’s rules may provide for any hearing pursuant to this section to be conducted by a hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code, or by an impartial administrative panel of three or more certificated persons appointed by the county board of education. Section 27722 of the Government Code applies to a hearing by an impartial administrative panel and, for purposes of this section, the term “hearing officer” in Section 27722 of the Government Code includes an impartial administrative panel. A member of the impartial administrative panel shall not be a member of the county board of education, nor be employed by the school district of residence or the school district of proposed enrollment. (D) If the hearing officer is not authorized to decide whether the pupil should be permitted to attend in the school district of proposed enrollment, the county board of education, within 10 calendar days of receiving the recommended decision pursuant to subdivision (b) of Section 27722 of the Government Code, shall render a decision. (3) The designee of the county superintendent of schools shall investigate to determine whether local remedies in the matter have been exhausted and to provide any additional information deemed useful to the county board of education in reaching a decision. (4) Pupils who are under consideration for expulsion, or who have been expelled pursuant to Sections 48915 and 48918, may not appeal interdistrict attendance denials or rescissions while expulsion proceedings are pending, or during the term of the expulsion. (Amended by Stats. 2023, Ch. 606, Sec. 1. (SB 413) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46602. Source version: id_b7f109a5-fcd9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= (a) If the county board of education determines that the pupil should be permitted to attend the school district of proposed enrollment, the pupil shall be admitted to school in the school district without delay and the attendance may be counted by the school district of enrollment for state apportionment purposes. (b) Written notice of the decision by the county board of education shall be delivered to the parent and to the governing boards of the school districts. Notice shall conform to the requirements of Section 48985 and may be provided using any of the following methods: (1) Regular mail. (2) Electronic format, if the parent provides an email address. (3) By any other method normally used to communicate with parents in writing. (Amended by Stats. 2018, Ch. 550, Sec. 5. (AB 2826) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46603. Source version: id_ddbbb867-fcd9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= (a) (1) For a period not to exceed two school months, the governing board of a school district of proposed enrollment may provisionally admit to the schools of the school district a pupil who resides in another school district, pending a decision of the governing boards of the two school districts, or by the county board of education upon appeal, regarding the interdistrict attendance. A pupil shall be eligible for provisional attendance only upon providing reasonable evidence that a final decision for a request for interdistrict transfer is pending either with the school district of residence, the school district of proposed enrollment, or the county board of education. (2) The period of provisional attendance begins on the first day of the pupil’s attendance in the school. (3) If a decision by the school districts or the county board of education has not been rendered by the conclusion of two school months, and the school districts or the county board of education are still operating within the prescribed timelines, the pupil shall not be allowed to continue attendance at the school district of proposed enrollment. The pupil is subject to compulsory full-time education pursuant to Section 48200 and shall enroll in the school district of residence or in another educational program. (4) Provisional attendance shall not guarantee that a school district or county board of education will approve a request for interdistrict transfer. (b) Regardless of whether the decision on interdistrict attendance is allowed, the provisional attendance may be counted by the school district of proposed enrollment for state apportionment purposes. (Amended by Stats. 2018, Ch. 550, Sec. 6. (AB 2826) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46604. Source version: id_d64b7f91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= If the governing board of a school district in which pupils reside who are lawfully attending in another district fails or refuses to pay, when due, the amount required to be paid to the district of attendance for the education of those pupils under any provision of this code, the county superintendent of schools having jurisdiction over the district of residence shall draw a requisition against the funds of the district of residence in favor of the district of attendance in payment of that amount and transmit the requisition to the governing board of the district of attendance. (Added by renumbering Section 46612 by Stats. 1986, Ch. 742, Sec. 11.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46606. Source version: id_d64b7f93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= (a) A regional occupational program or regional occupational center maintained by a school district, county superintendent of schools, or a regional occupational program or regional occupational center maintained by two or more school districts pursuant to a joint powers or cooperative agreement, may admit pupils who reside outside the attendance area of the regional occupational program or regional occupational center. (b) The average daily attendance for attendance of pupils who reside outside of the regional occupational center or program attendance area and are enrolled in a regional occupational center or program pursuant to Section 52317 shall be credited to the regional occupational center or program that incurs the training costs for purposes of determining state apportionments and the revenue limits. (c) For purposes of computing the revenue limits for pupils who enroll in a regional occupational center or program outside their district of residence, the regional occupational center or program shall claim its own revenue limit. (d) The regional occupational center or program is not eligible for state reimbursement for home-to-school transportation allowances for pupils who are enrolled in the regional occupational center or program pursuant to this section. (Amended by Stats. 1991, Ch. 64, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46607. Source version: id_d64d0635-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= (a) Except as provided in subdivision (b) or (c), the average daily attendance for attendance of pupils from another district shall be credited to the district of attendance for purposes of determining state apportionments and the revenue limit pursuant to Section 42237 or 42238. (b) For any district that would have a reduction of 25 percent or more in its federal grant pursuant to Public Law 81-874 if the average daily attendance of pupils residing within the district were credited to the district of attendance, then the average daily attendance resulting from an interdistrict attendance agreement shall be credited to the district of residence and the district of residence shall pay a tuition to the district of attendance no later than the next August 31, after the close of the fiscal year as follows: (1) For attendance in regular day schools and summer schools the tuition per unit of average daily attendance, if any, shall not exceed the actual cost per unit of average daily attendance for the grade level or program less any income, other than tuition, received by the district of attendance on account of such attendance. (2) The district in which the pupil resides shall reduce its total revenue limit pursuant to Section 42238 by the total excess, if any, of its revenue limit per unit of average daily attendance multiplied by the total interdistrict attendance over the total tuition to be paid to districts of attendance. The district in which the pupil resides may increase its total revenue limit pursuant to Section 42238 by the total excess, if any, of the total tuition to be paid to districts of attendance over the district of residence’s revenue limit per unit of average daily attendance multiplied by the total interdistrict average daily attendance. (c) For any consortium of school districts operating an adult education and a regional occupational program serving four or more school districts, the school districts may agree to claim the unit of average daily attendance on the basis of the district of residence and pay such interdistrict tuition to the district of attendance as agreed to by the participating districts. (Added by renumbering Section 46616 by Stats. 1986, Ch. 742, Sec. 15.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46609. Source version: id_d64d0637-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= The governing board of a unified school district, whose boundaries are coterminous with the boundaries of a county, and which is contiguous to an adjoining state, may provide for the education of all or any number of the high school pupils of the district who reside in the district by the attendance of these pupils at the schools of a school district of an adjoining state. The governing board of the unified school district may enter an agreement with the school district of an adjoining state for the education of these pupils, subject to the terms and conditions agreed upon. The provisions of Sections 2000 to 2011, inclusive, do not apply to pupils educated pursuant to an agreement authorized by this section. The average daily attendance of pupils educated pursuant to an agreement authorized by this section shall be credited to the district of residence for apportionment purposes. The superintendent of schools of the district, or the principal of the school, in the adjoining state attended by the pupils under such an agreement shall, not later than July 2 of each year, certify, to the county superintendent of schools having jurisdiction over the school district of residence of the pupils, the average daily attendance of the pupils of the district attending the schools of the school district in the adjoining state. Certification shall be made on forms furnished by the Superintendent of Public Instruction. The county superintendent of schools shall report the average daily attendance to the Superintendent of Public Instruction, who shall include the average daily attendance in his report of average daily attendance in all of the duly established schools of the state for the last preceding school year certified by him to the State Controller. (Added by renumbering Section 46618 by Stats. 1986, Ch. 742, Sec. 17.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26. ATTENDANCE FOR COMPUTING APPORTIONMENTS [46000 - 46610] CHAPTER 5. Interdistrict Attendance Computation [46600 - 46610] SECTION 46610. Source version: id_ee38fece-fe2e-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.&chapter=5.&article= (a) (1) Notwithstanding any other law, the Fallbrook Union High School District shall enter into an interdistrict attendance agreement with the Capistrano Unified School District to allow any pupil, at the request of his or her parent or guardian, to attend schools of the Capistrano Unified School District when the pupil resides in the San Onofre housing area of the Marine Corps Base, Camp Joseph H. Pendleton. No more than 150 pupils from the Fallbrook Union High School District may attend school in the Capistrano Unified School District pursuant to this interdistrict attendance agreement. (2) The Fallbrook Union High School District shall be credited with the average daily attendance of these pupils solely for purposes of receiving federal grants pursuant to Public Law 81-874. (b) The Fallbrook Union High School District shall pay tuition to the Capistrano Unified School District for the attendance of these pupils only in the amount computed pursuant to paragraphs (1) and (2), as follows: (1) Divide the amount of funds paid pursuant to Section 3 of Public Law 81-874 (20 U.S.C. 238) to the Fallbrook Union High School District in the current fiscal year by the average daily attendance of the school district in the current fiscal year. (2) Multiply the amount in subdivision (a) by the average daily attendance, for the year of attendance for secondary school pupils attending the schools of the Capistrano Unified School District pursuant to Section 46610. (c) Notwithstanding any other law, the amount provided to the Fallbrook Union High School District and the Capistrano Unified School District for the 2012–13 fiscal year pursuant to this section and Section 46111, as these sections read on June 1, 2013, shall be included in the computations made pursuant to paragraph (2) of subdivision (a) of Section 42238.025, paragraph (2) of subdivision (a) of Section 42238.03, and paragraph (2) of subdivision (e) of Section 42238.03. For purposes of calculating funding pursuant to subdivisions (a) and (e) of Section 42238.03, the school district of residence shall be credited with the 2012–13 fiscal year revenue limit funding received for the pupils reported pursuant to this section after accounting for the amount of tuition paid to the school district of attendance. For purposes of calculating funding pursuant to subdivisions (a) and (e) of Section 42238.03, the school district of attendance shall be credited with the average daily attendance of the pupils reported pursuant to this section in the 2012–13 fiscal year, and the tuition received by the school district of residence pursuant to this section and Section 46611, as these sections read on March 1, 2014. (Amended by Stats. 2014, Ch. 33, Sec. 35. (SB 859) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47600. Source version: id_d6501381-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= This part shall be known, and may be cited, as the “Charter Schools Act of 1992.” (Added by Stats. 1992, Ch. 781, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47601. Source version: id_d6501383-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= It is the intent of the Legislature, in enacting this part, to provide opportunities for teachers, parents, pupils, and community members to establish and maintain schools that operate independently from the existing school district structure, as a method to accomplish all of the following: (a) Improve pupil learning. (b) Increase learning opportunities for all pupils, with special emphasis on expanded learning experiences for pupils who are identified as academically low achieving. (c) Encourage the use of different and innovative teaching methods. (d) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the schoolsite. (e) Provide parents and pupils with expanded choices in the types of educational opportunities that are available within the public school system. (f) Hold the schools established under this part accountable for meeting measurable pupil outcomes, and provide the schools with a method to change from rule-based to performance-based accountability systems. (g) Provide vigorous competition within the public school system to stimulate continual improvements in all public schools. (Amended by Stats. 1998, Ch. 34, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47602. Source version: id_d6501385-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= (a) (1) In the 1998–99 school year, the maximum total number of charter schools authorized to operate in this state shall be 250. In the 1999–2000 school year, and in each successive school year thereafter, an additional 100 charter schools are authorized to operate in this state each successive school year. For the purposes of implementing this section, the State Board of Education shall assign a number to each charter petition that it grants pursuant to subdivision (j) of Section 47605 or Section 47605.8 and to each charter notice it receives pursuant to this part, based on the chronological order in which the notice is received. Each number assigned by the state board on or after January 1, 2003, shall correspond to a single petition that identifies a charter school that will operate within the geographic and site limitations of this part. The State Board of Education shall develop a numbering system for charter schools that identifies each school associated with a charter and that operates within the existing limit on the number of charter schools that can be approved each year. For purposes of this section, sites that share educational programs and serve similar pupil populations may not be counted as separate schools. Sites that do not share a common educational program shall be considered separate schools for purposes of this section. The limits contained in this paragraph may not be waived by the State Board of Education pursuant to Section 33050 or any other provision of law. (2) By July 1, 2003, the Legislative Analyst shall, pursuant to the criteria in Section 47616.5, report to the Legislature on the effectiveness of the charter school approach authorized under this part and recommend whether to expand or reduce the annual rate of growth of charter schools authorized pursuant to this section. (b) No charter shall be granted under this part that authorizes the conversion of any private school to a charter school. No charter school shall receive any public funds for a pupil if the pupil also attends a private school that charges the pupil’s family for tuition. The State Board of Education shall adopt regulations to implement this section. (Amended by Stats. 2002, Ch. 1058, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47603. Source version: id_2f6bc4c3-c7b7-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= (a) This part shall not be construed to prohibit any private person or organization from providing funding or other assistance to the establishment or operation of a charter school. (b) This section shall become operative on July 1, 2017. (Repealed (in Sec. 54) and added by Stats. 2012, Ch. 38, Sec. 55. (SB 1016) Effective June 27, 2012. Section operative July 1, 2017, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47604. Source version: id_496df681-fcba-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= (a) A charter school may elect to operate as, or be operated by, a nonprofit public benefit corporation, formed and organized pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). (b) (1) On and after July 1, 2019, a petitioner that submits a charter petition or a charter school that submits a charter renewal or material revision application shall not operate as, or be operated by, a for-profit corporation, a for-profit educational management organization, or a for-profit charter management organization. For purposes of this section, a for-profit educational management organization and a for-profit charter management organization are entities that manage or operate a charter school. (2) (A) “Operate as, or be operated by,” as referenced in paragraph (1), means services provided by a for-profit corporation to a charter school that include any of the following: (i) Nominating, appointing, or removing board members or officers of the charter school. (ii) Employing, supervising, or dismissing employees of the charter school, including certificated and noncertificated school personnel. (iii) Managing the charter school’s day-to-day operations as its administrative manager. (iv) Approving, denying, or managing the budget or any expenditures of the charter school that are not authorized by the governing body of the charter school. (v) Providing services to a charter school before the governing body of the charter school has approved the contract for those services at a publicly noticed meeting. (B) A charter school shall not enter into a subcontract to avoid the requirements of this paragraph. (c) A chartering authority that grants a charter to a charter school to be operated as or by a nonprofit public benefit corporation shall be entitled to a single representative on the board of directors of the nonprofit public benefit corporation. (d) A chartering authority that grants a charter to a charter school to be operated as or by a nonprofit public benefit corporation is not liable for the debts or obligations of the charter school or for claims arising from the performance of acts, errors, or omissions by the charter school if the chartering authority has complied with all oversight responsibilities required by law, including, but not limited to, those required by Section 47604.32 and subdivision (m) of Section 47605. (e) This section shall become operative on July 1, 2019. (Repealed and added by Stats. 2018, Ch. 291, Sec. 2. (AB 406) Effective January 1, 2019. Section operative July 1, 2019, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47604.1. Source version: id_e253d53f-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= (a) For purposes of this section, an “entity managing a charter school” means a nonprofit public benefit corporation that operates a charter school consistent with Section 47604. An entity that is not authorized to operate a charter school pursuant to Section 47604 is not an “entity managing a charter school” solely because it contracts with a charter school to provide to that charter school goods or task-related services that are performed at the direction of the governing body of the charter school and for which the governing body retains ultimate decisionmaking authority. (b) A charter school and an entity managing a charter school shall be subject to all of the following: (1) The Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), except that a charter school operated by an entity pursuant to Chapter 5 (commencing with Section 47620) shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) regardless of the authorizing entity. (2) (A) The California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (B) (i) The chartering authority of a charter school shall be the custodian of records with regard to any request for information submitted to the charter school if either of the following apply: (I) The charter school is located on a federally recognized California Indian reservation or rancheria. (II) The charter school is operated by a nonprofit public benefit corporation that was formed on or before May 31, 2002, and is currently operated by a federally recognized California Indian tribe. (ii) This subparagraph does not allow a chartering authority to delay or obstruct access to records otherwise required under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (3) Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code. (4) (A) The Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (B) For purposes of Section 87300 of the Government Code, a charter school and an entity managing a charter school shall be considered an agency and is the most decentralized level for purposes of adopting a conflict-of-interest code. (c) (1) (A) The governing body of one charter school shall meet within the physical boundaries of the county in which the charter school is located. (B) A two-way teleconference location shall be established at each schoolsite. (2) (A) The governing body of one nonclassroom-based charter school that does not have a facility or operates one or more resource centers shall meet within the physical boundaries of the county in which the greatest number of pupils who are enrolled in that charter school reside. (B) A two-way teleconference location shall be established at each resource center. (3) (A) For a governing body of an entity managing one or more charter schools located within the same county, the governing body of the entity managing a charter school shall meet within the physical boundaries of the county in which that charter school or schools are located. (B) A two-way teleconference location shall be established at each schoolsite and each resource center. (4) (A) For a governing body of an entity that manages two or more charter schools that are not located in the same county, the governing body of the entity managing the charter schools shall meet within the physical boundaries of the county in which the greatest number of pupils enrolled in those charter schools managed by that entity reside. (B) A two-way teleconference location shall be established at each schoolsite and each resource center. (C) The governing body of the entity managing the charter schools shall audio record, video record, or both, all the governing board meetings and post the recordings on each charter school’s internet website. (5) This subdivision does not limit the authority of the governing body of a charter school and an entity managing a charter school to meet outside the boundaries described in this subdivision if authorized by Section 54954 of the Government Code, and the meeting place complies with Section 54961 of the Government Code. (d) Notwithstanding Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, an employee of a charter school shall not be disqualified from serving as a member of the governing body of the charter school because of that employee’s employment status. A member of the governing body of a charter school who is also an employee of the charter school shall abstain from voting on, or influencing or attempting to influence another member of the governing body regarding, all matters uniquely affecting that member’s employment. (e) To the extent a governing body of a charter school or an entity managing a charter school engages in activities that are unrelated to a charter school, Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), and the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code) shall not apply with regard to those unrelated activities unless otherwise required by law. (f) A meeting of the governing body of a charter school to discuss items related to the operation of the charter school shall not include the discussion of any item regarding an activity of the governing body that is unrelated to the operation of the charter school. (g) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2021, Ch. 615, Sec. 69. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47604.2. Source version: id_549879ee-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= (a) For purposes of this section, “entity managing a charter school” has the same meaning as described in subdivision (a) of Section 47604.1. (b) (1) There may be submitted to the governing body of a charter school attended by high school pupils, or to the governing body of an entity managing multiple charter schools including a charter school attended by high school pupils, a pupil petition requesting the governing body of the charter school or the governing body of the entity managing multiple charter schools, as appropriate, to appoint one or more pupil members to the appropriate governing body pursuant to this section. (2) The petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in the high school of the charter school, or (B) not less than 10 percent of the number of pupils regularly enrolled in the high school of the charter school. If a charter school attended by high school pupils is operated by an entity managing a charter school or managing multiple charter schools, then the petition shall contain the signatures of either (A) not less than 500 pupils regularly enrolled in any of the high schools operated by the entity managing a charter school or multiple charter schools, or (B) not less than 10 percent of the number of pupils regularly enrolled in high schools operated by the entity managing a charter school or multiple charter schools. Each fiscal year, and within 60 days of receipt of a petition for pupil representation, or at its next regularly scheduled meeting if no meeting is held within those 60 days, the governing body of the charter school or of the entity managing multiple charter schools shall order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of the charter school or of the entity managing multiple charter schools may order the inclusion of more than one pupil member. (3) Upon receipt of a petition for pupil representation, the governing body of a charter school or of an entity managing multiple charter schools shall, commencing July 1, 2023, and each year thereafter, order the inclusion within the membership of that governing body, in addition to the number of regular members otherwise prescribed, of at least one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may order the inclusion of more than one pupil member. The governing body of a charter school or of an entity managing multiple charter schools may appoint a pupil to serve as an alternate pupil member who would fulfill all duties and have the same rights as a pupil member if that governing body determines the pupil member is not fulfilling their duties. If the governing body of a charter school or of an entity managing multiple charter schools appoints an alternate pupil member, that governing body shall suspend the prior pupil member’s rights and privileges related to service on that governing body. (4) (A) A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall have preferential voting rights. (B) Preferential voting, as used in this section, means a formal expression of opinion that is recorded in the minutes and cast before the official vote of the governing body of the charter school or of an entity managing multiple charter schools. A preferential vote shall not serve in determining the final numerical outcome of a vote. No preferential vote shall be solicited on matters subject to closed session discussion. (5) The governing body of a charter school or of an entity managing multiple charter schools may adopt a resolution authorizing the pupil member or members to make motions that may be acted upon by that governing body, except on matters dealing with employer-employee relations pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (6) (A) Each pupil member shall have the right to attend each and all meetings of the governing body of a charter school or of an entity managing multiple charter schools, except closed sessions. (B) (i) Each pupil member shall be appointed to subcommittees of the governing body in the same manner as other governing body regular members. (ii) Each pupil member shall be made aware of the time commitment required to participate in subcommittee meetings and work, and may decline an appointment to a subcommittee. (iii) Subcommittee meetings may be scheduled in accordance with the availability of all members of the governing body, including each pupil member. (7) Any pupil selected to serve as a member of the governing body of a charter school or of an entity managing multiple charter schools shall be enrolled in high school within the charter school, may be less than 18 years of age, and shall be chosen by the pupils enrolled in high school within the charter school in accordance with policies and procedures prescribed by that governing body. The term of a pupil member shall be one year, commencing on July 1 of each year, except that the term of a pupil member may be adjusted only in cases where a vacancy occurs or to provide more pupils with an opportunity to serve on the governing body. (8) (A) A pupil member shall be entitled to the mileage allowance to the same extent as regular governing body members, and may receive compensation, as specified pursuant to subparagraph (B). (B) The governing body of a charter school or of an entity managing multiple charter schools may award a pupil member either or both of the following: (i) Elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided. (ii) Monthly financial compensation as determined by the governing body. (9) (A) A pupil member shall be seated with the regular members of the governing body of a charter school or of an entity managing multiple charter schools, and shall be recognized as a full member of that governing body at the meetings, including receiving all open meeting materials presented to the governing body regular members at the same time the materials are presented to the other governing body regular members, being invited to staff briefings of governing body regular members, or being provided a separate staff briefing within the same timeframe as the staff briefing of other governing body regular members, being invited to attend other functions of that governing body, such as forums, meetings with pupils and parents, and other general assemblies, and participating in the questioning of witnesses and the discussion of issues. (B) A pupil member shall also receive all materials received by other governing body regular members between open meetings, except for materials that pertain to closed session items. (C) (i) The governing body of a charter school or of an entity managing multiple charter schools may authorize the pupil member or members to make restorative justice recommendations that may be considered by the governing body in closed session expulsion hearings. If the governing body authorizes pupil recommendations in expulsion hearings, then notwithstanding subparagraph (B), the governing body shall disclose limited case information that pertains to closed session items to the pupil member or members to allow the pupil member or members to make those recommendations. (ii) Disclosure of case information to the pupil member or members pursuant to clause (i) shall be conditioned on the voluntary, written consent of the pupil who is subject to the expulsion hearing and the pupil’s parent or guardian, and shall be consistent with federal and state privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and any implementing federal regulations. (10) A pupil member shall not be included in determining the vote required to carry any measure before the governing body of a charter school or of an entity managing multiple charter schools. (11) The pupil member shall not be liable for any acts of the governing body of a charter school or of an entity managing multiple charter schools. (12) A majority vote of all voting governing body regular members shall be required to approve a motion to eliminate the pupil member position from the governing body of a charter school or of an entity managing multiple charter schools. The motion shall be listed as a public agenda item for a meeting of the governing body before the motion being voted upon. (c) A pupil member of the governing body of a charter school or of an entity managing multiple charter schools shall not be considered a member of a legislative body or a local agency for purposes of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) or the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (d) The governing body of a charter school or of an entity managing multiple charter schools that orders the inclusion of a pupil member within its governing body membership pursuant to paragraph (2) of subdivision (b) shall do both of the following: (1) (A) Notify the chartering authority of the charter school within 30 days of either of the following: (i) The inclusion of the pupil member. (ii) Any subsequent change in the pupil membership. (B) The notification shall be in writing, include the name of the pupil member, the duration of the term of the pupil, and a copy of the approved pupil petition described in subdivision (b). (2) Include at the next charter renewal with the chartering authority, the inclusion of the pupil member as a change to the governing body of the charter school or of an entity managing multiple charter schools. (e) As used in this section, the following definitions apply: (1) “Pupil member” means a pupil member appointed pursuant to subdivision (b). (2) “Regular member” means a governing body member nominated or appointed to the governing body of the charter school or of an entity managing multiple charter schools, consistent with Section 47605 or 47605.6, as applicable. (f) This section shall prevail over any contrary provision in the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), or between this section and a nonprofit public benefit corporation’s articles of incorporation or bylaws, relating to pupil members on the governing body of the charter school or of an entity managing multiple charter schools. Nothing in this section otherwise alters, amends, or impairs the rights, duties, and obligations of a nonprofit public benefit corporation relating to the operation of a charter school. (g) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2025, Ch. 67, Sec. 54. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47604.3. Source version: id_8b7bce68-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= A charter school and an entity managing a charter school shall promptly respond to all reasonable inquiries, including, but not limited to, inquiries regarding its respective financial records and contracts, from its chartering authority, the county superintendent of schools that has jurisdiction over the charter school’s chartering authority, or from the Superintendent and shall consult with the chartering authority, the county superintendent of schools, or the Superintendent regarding any inquiries. (Amended by Stats. 2026, Ch. 65, Sec. 90. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47604.32. Source version: id_8edb742a-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= (a) Each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority: (1) Identify at least one staff member as a contact person for the charter school. (2) Visit each schoolsite approved in the charter petition or material revision that has been established by the charter school at least annually. (3) Verify that each charter school under its authority complies with all reports required of charter schools by law, including the local control and accountability plan and annual update to the local control and accountability plan required pursuant to Section 47606.5. (4) Monitor the fiscal condition, including enrollment and attendance data, and make periodic checks of credit and debit card transactions of each charter school under its authority. (5) Provide the governing body of the charter school with feedback on any issues of concern identified pursuant to paragraph (4) and an opportunity to respond. If in the course of the review, the chartering authority has reasonable suspicion that fraud, misappropriations of public funds, embezzlement, or other financial crimes may be occurring, the chartering authority shall notify the Superintendent and the county superintendent of schools. (6) Provide timely notification to the Superintendent if any of the following circumstances occurs or will occur with regard to a charter school for which it is the chartering authority: (A) A renewal of the charter is granted or denied. (B) The charter is revoked. (C) The charter school will cease operation for any reason. (7) (A) After completing annual financial and compliance audit oversight responsibilities pursuant to Section 41020, identify and provide notification to the governing body of the charter school within 60 days of any material concern arising out of the chartering authority’s ongoing oversight and monitoring activities. (B) For purposes of this paragraph, “material concern” means a concern that could lead to a decision of non-renewal or revocation of the charter, such as concerns regarding any of the following: (i) Academic performance expectations. (ii) Compliance with laws, contracts, or the terms of the charter. (iii) Issues with fiscal conditions or governance procedures. (iv) Issues pertaining to pupil health, or employee or pupil safety. (v) Issues pertaining to equity or accessibility. (b) Commencing July 1, 2027, each chartering authority, in addition to any other duties imposed by this part, shall do all of the following with respect to each charter school under its authority: (1) (A) Visit each resource center, meeting space, and satellite facility approved in a charter petition or material revision and established by the charter school (i) upon the opening and (ii) pursuant to subparagraph (B) thereafter. (B) Visit each resource center, meeting space, and satellite facility approved in a charter petition or material revision and established by the charter school at least once every two years. (2) Annually attend, in person, at least one meeting of the governing body of the charter school. (3) Review the agendas and minutes of the meetings of the governing body of the charter school. (4) Conduct annual financial and compliance audit oversight responsibilities pursuant to Section 41020. (5) Refer any credible allegations of fraud, misappropriation of funds, or other illegal fiscal practices received from third parties, or observed through the chartering authority’s duties, to the county superintendent of schools who may elect to exercise its authority pursuant to subdivision (c) of Section 1241.5, Section 47604.3, or Section 47604.4. (c) (1) Commencing July 1, 2027, each chartering authority, in addition to any other duties imposed by this part, shall annually review, with respect to each nonclassroom-based charter school under its authority, the charter school’s average daily attendance. The chartering authority shall review a sample of independent study written agreements and work samples from each track to gauge whether the documents generally align with the reported attendance if the independent study average daily attendance reported by the charter school to the Superintendent for apportionment purposes has increased by 10 percent or more relative to the most recent prior principal apportionment reporting period, as defined in Section 41601, as follows: (A) For the first principal reporting period compared to the prior year first principal reporting period. (B) For the second principal reporting period compared to the current year first principal reporting period. (C) For the annual principal reporting period compared to the current year second principal reporting period. (2) If a review pursuant to paragraph (1) does not generally align with the reported attendance during the applicable apportionment reporting period, including subsequent corrected reports submitted to the chartering authority, the chartering authority shall request additional information to explain the misalignment. (d) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613. (e) A charter school shall provide the chartering authority the necessary supporting documentation in order for the chartering authority to perform verification duties described in this section. (Amended by Stats. 2026, Ch. 65, Sec. 91. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47604.33. Source version: id_2cf9a80e-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= (a) Each charter school shall annually prepare and submit the following reports to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority: (1) On or before July 1, a preliminary budget. For a charter school in its first year of operation, the information submitted pursuant to subdivision (h) of Section 47605 satisfies this requirement. (2) On or before July 1, a local control and accountability plan and an annual update to the local control and accountability plan required pursuant to Section 47606.5. (3) On or before December 15, an interim financial report. This report shall reflect changes through October 31. (4) On or before March 15, a second interim financial report. This report shall reflect changes through January 31. (5) On or before September 15, a final unaudited report for the full prior year. (b) The chartering authority shall use any financial or other information it obtains from the charter school, including, but not limited to, the reports required by this section, to perform the duties described in subdivision (a) of Section 47604.32, including monitoring the fiscal condition of the charter school. (c) The cost of performing the duties required by this section shall be funded with supervisorial oversight fees collected pursuant to Section 47613. (Amended by Stats. 2020, Ch. 370, Sec. 66. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47604.4. Source version: id_2d0b0a99-73f9-11da-8ba4-be44ba728b5f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= (a) In addition to the authority granted by Sections 1241.5 and 47604.3, a county superintendent of schools may, based upon written complaints by parents or other information that justifies the investigation, monitor the operations of a charter school located within that county and conduct an investigation into the operations of that charter school. If a county superintendent of schools monitors or investigates a charter school pursuant to this section, the county office of education shall not incur any liability beyond the cost of the investigation. (b) A charter school shall notify the county superintendent of schools of the county in which it is located of the location of the charter school, including the location of each site, if applicable, prior to commencing operations. (Amended by Stats. 2005, Ch. 357, Sec. 3. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 1. General Provisions [47600 - 47604.5] SECTION 47604.5. Source version: id_e5959f77-0c95-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=1.&article= The state board may, based upon the recommendation of the Superintendent, take appropriate action, including, but not limited to, revocation of the charter school’s charter, when the state board finds any of the following: (a) Gross financial mismanagement that jeopardizes the financial stability of the charter school. (b) Illegal or substantially improper use of charter school funds for the personal benefit of any officer, director, or fiduciary of the charter school. (c) Substantial and sustained departure from measurably successful practices such that continued departure would jeopardize the educational development of the charter school’s pupils. (d) Failure to improve pupil outcomes across multiple state and school priorities identified in the charter pursuant to subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6. (e) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2019, Ch. 486, Sec. 1. (AB 1505) Effective January 1, 2020. Operative July 1, 2020, pursuant to Sec. 18 of Stats. 2019, Ch. 486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47605. Source version: id_925112ec-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) (1) Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district if each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met: (A) The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation. (B) The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation. (2) A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (c) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted. (3) A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. (4) After receiving approval of its petition, a charter school that proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter school’s charter. (5) (A) A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following: (i) First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating. (ii) Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located. (B) If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to. (C) Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity. (D) (i) A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1. (ii) The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5. (E) The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654. (6) Commencing January 1, 2003, a petition to establish a charter school shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district. (b) No later than 60 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. (c) In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings: (1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. (2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. (3) The petition does not contain the number of signatures required by subdivision (a). (4) The petition does not contain an affirmation of each of the conditions described in subdivision (e). (5) The petition does not contain reasonably comprehensive descriptions of all of the following: (A) (i) The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. (ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals. (iii) If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements. (B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school. (C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card. (D) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement. (E) The qualifications to be met by individuals to be employed by the charter school. (F) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following: (i) That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237. (ii) The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3. (G) The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school. (H) Admission policies and procedures, consistent with subdivision (e). (I) The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following: (i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story. (ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following: (I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights. (II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate. (iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). (iv) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (J) The manner by which staff members of the charter schools will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security. (K) The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools. (L) The rights of an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school. (M) The procedures to be followed by the charter school and the chartering authority to resolve disputes relating to provisions of the charter. (N) The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. (6) The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (7) The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors: (A) The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings. (B) Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate. (8) The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial. (d) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. (2) Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter school’s educational programs. (e) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of that pupil’s parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school. (2) (A) A charter school shall admit all pupils who wish to attend the charter school. (B) If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following: (i) Each type of preference shall be approved by the chartering authority at a public hearing. (ii) Preferences shall be consistent with federal law, the California Constitution, and Section 200. (iii) Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation. (iv) In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment. (C) In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not take any action to impede the charter school from expanding enrollment to meet pupil demand. (3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200. (4) (A) A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). (B) A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment. (C) A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (I) of paragraph (5) of subdivision (c). (D) The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times: (i) When a parent, guardian, or pupil inquires about enrollment. (ii) Before conducting an enrollment lottery. (iii) Before disenrollment of a pupil. (E) (i) A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority. (ii) The department shall develop a template to be used for filing complaints pursuant to clause (i). (5) Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department. (6) A charter school shall, at a governing body meeting, obtain the approval of the governing body of the charter school for any contract that would cause the charter school to compensate an individual contractor more than one hundred thousand dollars ($100,000) in a fiscal year. (f) The governing board of a school district shall not require an employee of the school district to be employed in a charter school. (g) The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school. (h) The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school. (i) In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006. (j) Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board. (k) (1) (A) (i) If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education. (ii) The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school district’s findings pursuant to paragraph (8) of subdivision (c). (iii) As used in this subdivision, “material terms” of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority. (B) If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority. (2) If the county board of education denies a petition, the petitioner may appeal that denial to the state board. (A) The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education. (B) If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board. (C) Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education. (D) The state board’s Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board. (E) The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by both the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. (3) A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part. (4) A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the chartering authority to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate. (5) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board. (6) If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review. (l) (1) Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district. (2) By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341. (3) The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies. (m) A charter school shall provide for an annual and independent financial and compliance audit in accordance with Section 41020. (n) A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school. (o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2026, Ch. 65, Sec. 92. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47605.1. Source version: id_2f9820b0-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) (1) Notwithstanding any other law, a charter school that is granted a charter from the governing board of a school district or county office of education after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, shall locate in accordance with the geographic and site limitations of this part. (2) Notwithstanding any other law, a charter school that is granted a charter by the state board after July 1, 2002, and commences providing educational services to pupils on or after July 1, 2002, based on the denial of a petition by the governing board of a school district or county board of education, as described in paragraphs (1) and (2) of subdivision (j) of Section 47605, may locate only within the geographic boundaries of the chartering entity that initially denied the petition for the charter. (3) A charter school that receives approval of its charter from a governing board of a school district, a county office of education, or the state board before July 1, 2002, but does not commence operations until after January 1, 2003, shall be subject to the geographic limitations of this part, in accordance with subdivision (d). (b) This section is not intended to affect the admission requirements contained in subdivision (d) of Section 47605. (c) (1) A charter school may establish one resource center, meeting space, or other satellite facility within the jurisdiction of the school district where the charter school is physically located if the following conditions are met: (A) The facility is used exclusively for the educational support of pupils who are enrolled in nonclassroom-based independent study of the charter school. (B) The charter school provides its primary educational services in, and a majority of the pupils it serves are residents of, the county in which the charter school is authorized. (2) Except as provided in paragraphs (5) to (9), inclusive, a charter school shall not establish a resource center, meeting space, or other satellite facility in any other location than the one authorized in paragraph (1). (3) A charter school shall notify the charter school’s chartering authority of the name and physical location of any resource center, meeting space, or other satellite facility operated by that charter school. (4) Notwithstanding Section 33050 or any other law, the state board shall not waive the restrictions listed in this subdivision. (5) (A) A charter school that was operating a resource center, meeting space, or other satellite facility outside the jurisdiction of the school district where the charter school is physically located before January 1, 2020, may continue to operate the resource center, meeting space, or other satellite facility until the charter school submits a request for the renewal of its charter petition. To continue operating the resource center, meeting space, or other satellite facility, the charter school, before submitting the request to the charter school’s chartering authority for the renewal of the charter petition, shall first obtain approval in writing from the school district where the resource center, meeting space, or other satellite facility is operating. (B) The department shall regard as a continuing charter school for all purposes a nonclassroom-based charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this subdivision by the addition of this paragraph that took effect January 1, 2020. (6) A countywide charter school approved by a county office of education that is operating a resource center, meeting space, or other satellite facility in a county other than the county in which the countywide charter school is authorized before January 1, 2020, may continue to operate that resource center, meeting space, or other satellite facility until the countywide charter school submits a request for the renewal of its charter petition. To continue operating the resource center, meeting space, or other satellite facility, the countywide charter school, before submitting the request to the countywide charter school’s chartering authority for the renewal of the charter petition, shall obtain approval in writing from the county office of education where the resource center, meeting space, or other satellite facility is operating. (7) If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter school is operating a resource center, meeting space, or other satellite facility, the charter school, for not more than five years, may relocate the resource center, meeting space, or other satellite facility outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the resource center, meeting space, or other satellite facility is being relocated to. (8) A charter school may establish additional resource centers, meetings spaces, or other satellite facilities within the jurisdiction of the charter school’s chartering authority only if both of the following are met: (A) The charter school is physically located within the boundaries of the charter school’s chartering authority. (B) The charter school has obtained written approval from the charter school’s chartering authority for each additional resource center, meeting space, or other satellite facility. (9) (A) Notwithstanding paragraph (5), a charter school that operates a resource center located in a school district outside of the boundaries of the charter school’s authorizing school district may continue to operate the existing resource center if all of the following conditions are met: (i) The charter school operating the resource center is authorized by, and physically located in, a school district adjacent to a school district with an enrollment of at least 500,000 pupils. (ii) The charter school operating the resource center was established before January 1, 2009. (iii) The resource center is physically located in a school district with an enrollment of at least 500,000 pupils and was established before January 1, 2011. (iv) The resource center serves a pupil population of which at least 50 percent of the pupils are currently or formerly on probation or were formerly incarcerated individuals. (B) A charter school described in this paragraph shall not establish a new resource center outside of the boundaries of the charter school’s authorizing school district. (d) (1) For a charter school that was granted approval of its charter before July 1, 2002, and provided educational services to pupils before July 1, 2002, this section only applies to new educational services or schoolsites established or acquired by the charter school on or after July 1, 2002. (2) For a charter school that was granted approval of its charter before July 1, 2002, but did not provide educational services to pupils before July 1, 2002, this section only applies upon the expiration of a charter that is in existence on January 1, 2003. (3) Notwithstanding other implementation timelines in this section, by June 30, 2005, or upon the expiration of a charter that is in existence on January 1, 2003, whichever is later, all charter schools shall be required to comply with this section for schoolsites at which educational services are provided to pupils before or after July 1, 2002, regardless of whether the charter school initially received approval of its charter school petition before July 1, 2002. To achieve compliance with this section, a charter school shall be required to receive approval of a charter petition in accordance with this section and Section 47605. (4) This section is not intended to affect the authority of a governmental entity to revoke a charter that is granted on or before the effective date of this section. (e) A charter school that submits its petition directly to a county board of education, as authorized by Section 47605.5 or 47605.6, may establish charter school operations only within the geographical boundaries of the county in which that county board of education has jurisdiction. (f) Notwithstanding any other law, the jurisdictional limitations set forth in this section do not apply to a charter school that provides instruction exclusively in partnership with any of the following: (1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.). (2) Federally affiliated Youth Build programs. (3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider. (4) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Sections 14507.5 or 14406 of the Public Resources Code. (5) Instruction provided to juvenile court school pupils pursuant to subdivision (b) of Section 42238.18 or pursuant to Section 1981 for individuals who are placed in a residential facility. (Amended by Stats. 2020, Ch. 370, Sec. 68. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47605.2. Source version: id_18b78459-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= The Delta Charter High School, located in the County of Santa Cruz, is exempt from the geographic and site limitations contained in subdivision (a) of Section 47605. (Added by Stats. 2004, Ch. 112, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47605.3. Source version: id_3229ef22-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= Notwithstanding subdivision (e) of Section 47605, a charter school with a schoolsite physically located in the attendance area of a public elementary school in which 50 percent or more of the pupil enrollment is eligible for free or reduced price meals may give a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the charter schoolsite is located. This section is not intended to affect the requirement contained in subdivision (e) of Section 47605 that a public school converting partially or entirely to a charter school adopt and maintain a policy that gives an admission preference to pupils who reside within the former attendance area of that public school. (Amended by Stats. 2020, Ch. 370, Sec. 69. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47605.5. Source version: id_d6562e1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= A petition may be submitted directly to a county board of education in the same manner as set forth in Section 47605 for charter schools that will serve pupils for whom the county office of education would otherwise be responsible for providing direct education and related services. Any denial of a petition shall be subject to the same process for any other county board of education denial of a charter school petition pursuant to this part. (Added by Stats. 1998, Ch. 34, Sec. 7. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47605.6. Source version: id_961bd68e-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) (1) In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions is met: (A) The petition is signed by a number of parents or guardians of pupils residing within the county that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section. (B) The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section. (2) An existing public school shall not be converted to a charter school in accordance with this section. (3) After receiving approval of its petition, a charter school that proposes to establish operations at additional sites within the geographic boundaries of the county board of education shall notify the school districts where those sites will be located. The charter school shall also request a material revision of its charter by the county board of education that approved its charter and the county board of education shall consider whether to approve those additional locations at an open, public meeting, held no sooner than 30 days following notification of the school districts where the sites will be located. If approved, the location of the approved sites shall be a material revision of the charter school’s approved charter. (4) A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. (b) No later than 60 days after receiving a petition, in accordance with subdivision (a), the county board of education shall hold a public hearing on the provisions of the charter, at which time the county board of education shall consider the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities. Following review of the petition and the public hearing, the county board of education shall either grant or deny the charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. A county board of education may impose any additional requirements beyond those required by this section that it considers necessary for the sound operation of a countywide charter school. A county board of education may grant a charter for the operation of a charter school under this part only if it is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. The county board of education shall deny a petition for the establishment of a charter school if it finds one or more of the following: (1) The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. (2) The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. (3) The petition does not contain the number of signatures required by subdivision (a). (4) The petition does not contain an affirmation of each of the conditions described in subdivision (e). (5) The petition does not contain reasonably comprehensive descriptions of all of the following: (A) (i) The educational program of the charter school, designed, among other things, to identify those pupils whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. (ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals. (iii) If the proposed charter school will enroll high school pupils, the manner in which the charter school will inform parents regarding the transferability of courses to other public high schools. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered to be transferable to other public high schools. (iv) If the proposed charter school will enroll high school pupils, information as to the manner in which the charter school will inform parents as to whether each individual course offered by the charter school meets college entrance requirements. Courses approved by the University of California or the California State University as satisfying their prerequisites for admission may be considered as meeting college entrance requirements for purposes of this clause. (B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and aptitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school. (C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card. (D) The location of each charter school facility that the petitioner proposes to operate. (E) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement. (F) The qualifications to be met by individuals to be employed by the charter school. (G) The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following: (i) That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237. (ii) The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3. (iii) That the school safety plan be reviewed and updated by March 1 of every year by the charter school. (H) The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the county board of education to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school. (I) The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following: (i) For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story. (ii) For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following: (I) Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights. (II) Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate. (iii) Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). (iv) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (J) The manner by which staff members of the charter school will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security. (K) The procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter. (L) Admission policy and procedures, consistent with subdivision (e). (M) The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school. (N) The rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school, and any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school. (O) The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. (6) A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code). (7) Any other basis that the county board of education finds justifies the denial of the petition. (c) A county board of education that approves a petition for the operation of a countywide charter may, as a condition of charter approval, enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board of education on the operations of the charter school. The county board of education may prescribe the aspects of the charter school’s operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the county board of education. (d) (1) Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. (2) Charter schools shall on a regular basis consult with their parents and teachers regarding the charter school’s educational programs. (e) (1) In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, gender identity, gender expression, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of the pupil’s parent or guardian, within this state. (2) (A) A charter school shall admit all pupils who wish to attend the charter school. (B) If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following: (i) Each type of preference shall be approved by the chartering authority at a public hearing. (ii) Preferences shall be consistent with federal law, the California Constitution, and Section 200. (iii) Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation. (iv) In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment. (C) In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand. (3) If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200. (4) (A) A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). (B) A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment. (C) A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (I) of paragraph (5) of subdivision (b). (D) The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times: (i) When a parent, guardian, or pupil inquires about enrollment. (ii) Before conducting an enrollment lottery. (iii) Before disenrollment of a pupil. (E) (i) A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority. (ii) The department shall develop a template to be used for filing complaints pursuant to clause (i). (5) Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department. (6) A charter school shall, at a governing body meeting, obtain the approval of the governing body of the charter school for any contract that would cause the charter school to compensate an individual contractor more than one hundred thousand dollars ($100,000) in a fiscal year. (f) The county board of education shall not require an employee of the county or a school district to be employed in a charter school. (g) The county board of education shall not require a pupil enrolled in a county program to attend a charter school. (h) The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school, any school district where the charter school may operate, and upon the county board of education. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school. (i) In reviewing petitions for the establishment of charter schools within the county, the county board of education shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006. (j) Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the school districts within the county, the Superintendent, and the state board. (k) If a county board of education denies a petition, the petitioner shall not elect to submit the petition for the establishment of the charter school to the state board. (l) (1) Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district. (2) The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies. (m) A charter school shall provide for an annual and independent financial and compliance audit in accordance with Section 41020. (n) A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school. (o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2026, Ch. 65, Sec. 93. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47605.7. Source version: id_34bcf614-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) A petition for the establishment of a charter school shall not be denied based on the actual or potential costs of serving individuals with exceptional needs, as that term is defined pursuant to Section 56026. (b) Notwithstanding subdivision (a), this section shall not be construed to prevent a school district from meeting its obligation to ensure that the proposed charter school will meet the needs of individuals with exceptional needs in accordance with state and federal law, nor shall it be construed to limit or alter the reasons for denying a petition for the establishment of a charter school pursuant to subdivision (c) of Section 47605. (Amended by Stats. 2020, Ch. 370, Sec. 70. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47605.9. Source version: id_997ae010-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) A petition to establish a charter school under this part may be submitted only to the governing board of the school district or county office of education within the boundaries of which the charter school proposes to locate. (b) A charter school operating under a charter approved by the state board pursuant to Section 47605, as that section read on January 1, 2019, may continue to operate under the authority of that chartering authority only until the date on which the charter is up for renewal, at which point the charter school shall submit a petition for renewal to the governing board of the school district within the boundaries of which the charter school is located. If the governing board of the school district denies the renewal petition, the charter school may submit the petition for renewal directly to the state board, which shall review the petition in accordance with subparagraph (B) of paragraph (1) of subdivision (k) of Section 47605. If the state board grants renewal pursuant to Section 47607, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. Subsequent renewals shall be subject to the same requirements as other charter schools authorized by the designated chartering authority, including review by the state board in accordance with Section 47607 and paragraph (2) of subdivision (k) of Section 47605. (c) A charter school operating under a charter approved by the state board pursuant to Section 47605.8, as that section read on January 1, 2019, may continue to operate under the authority of that chartering authority only until the date on which the charter is up for renewal. The charter school shall submit a petition for renewal to the state board. If the state board grants renewal pursuant to Section 47607, the state board shall designate, in consultation with the petitioner, the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. A charter school assigned to a county board of education under this subdivision shall qualify as a charter school pursuant to Section 47605.6, but, notwithstanding any other law, for purposes of data collection and reporting, the charter school shall continue to disaggregate and report pupil-level data at the schoolsite level consistent with how it reported data to the department when it was authorized under Section 47605.8, as that section read on January 1, 2019. Subsequent renewals shall be subject to the same requirements as other charter schools authorized by the same chartering authorities, including review by the state board in accordance with Section 47607 and paragraph (2) of subdivision (k) of Section 47605. (d) A charter school designated to a new chartering authority pursuant to this section shall be regarded by the department as a continuing charter school for all purposes. (e) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2026, Ch. 65, Sec. 94. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47606. Source version: id_37568cb6-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) A school district may convert all of its schools to charter schools under this part only if it meets all of the following conditions: (1) Fifty percent of the teachers within the school district sign the charter petition. (2) The charter petition contains all of the requirements set forth in subdivisions (c), (d), (e), (f), and (g) of Section 47605 and a provision that specifies alternative public school attendance arrangements for pupils residing within the school district who choose not to attend charter schools. (b) Notwithstanding subdivision (c) of Section 47605, the districtwide charter petition shall be approved only by joint action of the Superintendent of Public Instruction and the State Board of Education. (Amended by Stats. 2020, Ch. 370, Sec. 71. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47606.2. Source version: id_f508b7b1-0c8e-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= A petition to establish a charter school shall contain, in addition to the reasonably comprehensive description of the procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason and the explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are required by Section 47605, a statement that the suspension procedures will include both of the following requirements: (a) Upon the request of a parent, a legal guardian or other person holding the right to make education decisions for the pupil, or the affected pupil, a teacher shall provide to a pupil in any of grades 1 to 12, inclusive, who has been suspended from school for two or more schooldays, the homework that the pupil would otherwise have been assigned. (b) If a homework assignment that is requested pursuant to subdivision (a) and turned into the teacher by the pupil either upon the pupil’s return to school from suspension or within the timeframe originally prescribed by the teacher, whichever is later, is not graded before the end of the academic term, that assignment shall not be included in the calculation of the pupil’s overall grade in the class. (Added by Stats. 2019, Ch. 779, Sec. 2. (AB 982) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47606.3. Source version: id_c14068d5-98e2-11f0-98be-735ec597c8a2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) For purposes of clause (ii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 and clause (ii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, the procedures shall require the following: (1) For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (N), inclusive, of paragraph (2) of subdivision (a) of Section 32282. (2) For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (O) of paragraph (2) of subdivision (a) of Section 32282. (3) The review and update of the school safety plan by March 1 of every year by the charter school. (b) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2025, Ch. 124, Sec. 6. (SB 98) Effective September 20, 2025. Repealed as of January 1, 2031, by its own provisions. See later operative version added by Sec. 7 of Stats. 2025, Ch. 124.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47606.3. Source version: id_c5eefcc7-98e2-11f0-98be-735ec597c8a2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) For purposes of clause (ii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 and clause (ii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, the procedures shall require the following: (1) For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (M), inclusive, of paragraph (2) of subdivision (a) of Section 32282. (2) For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (N) of paragraph (2) of subdivision (a) of Section 32282. (3) The review and update of the school safety plan by March 1 of every year by the charter school. (b) This section shall become operative on January 1, 2031. (Repealed (in Sec. 6) and added by Stats. 2025, Ch. 124, Sec. 7. (SB 98) Effective September 20, 2025. Operative January 1, 2031, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47606.5. Source version: id_a007a835-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) On or before July 1, 2015, and each year thereafter, the governing body of a charter school shall hold a public hearing to adopt a local control and accountability plan using a template adopted by the state board. The governing body of a charter school shall update the goals and annual actions to achieve those goals identified in the charter petition pursuant to subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605 or subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, using the template for the local control and accountability plan and annual update to the local control and accountability plan adopted by the state board pursuant to Section 52064 and shall include all of the following: (1) A review of the progress toward the goals included in the charter, an assessment of the effectiveness of the specific actions described in the charter toward achieving the goals, and a description of changes to the specific actions the charter school will make as a result of the review and assessment. (2) A listing and description of the expenditures for the fiscal year implementing the specific actions included in the charter as a result of the reviews and assessment required by paragraph (1). (b) For purposes of the review required by subdivision (a), a governing body of a charter school may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subdivision (b) of Section 52052 or any other reviews. (c) To the extent practicable, data reported pursuant to this section shall be reported in a manner consistent with how information is reported on the California School Dashboard maintained by the department pursuant to Section 52064.5. (d) The charter school shall consult with teachers, principals, administrators, other school personnel, parents, and pupils in developing the local control and accountability plan and annual update to the local control and accountability plan. (e) (1) The charter school shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year as part of a nonconsent item at a regularly scheduled meeting of the governing body of the charter school. (2) The report shall include both of the following: (A) All available midyear outcome data related to metrics identified in the current year’s local control and accountability plan. (B) All available midyear expenditure and implementation data on all actions identified in the current year’s local control and accountability plan. (f) The governing body of a charter school shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing, and the local control and accountability plan or annual update to the local control and accountability plan shall be made available for public inspection at each site operated by the charter school. (g) The governing body of a charter school may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The governing body of a charter school may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting. (h) Pursuant to Section 47604.33, the charter school shall submit the adopted or revised local control and accountability plan pursuant to this section to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority. (i) The charter school shall prominently post on the home page of the internet website of the charter school any local control and accountability plan adopted by the governing body of the charter school, and any updates, revisions, or addenda, including those to comply with federal law, to a local control and accountability plan approved by the governing body of the charter school. (Amended by Stats. 2024, Ch. 38, Sec. 48. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47607. Source version: id_9cd10ff2-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) (1) A charter may be granted pursuant to Sections 47605, 47605.5, 47605.6, and 47606 for a period not to exceed five years. (2) A chartering authority may grant one or more subsequent renewals pursuant to subdivisions (b) and (c) and Section 47607.2. Notwithstanding subdivisions (b) and (c) and Section 47607.2, a chartering authority may deny renewal pursuant to subdivision (e). (3) A charter school that, concurrently with its renewal, proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter. A material revision of the provisions of a charter petition may be made only with the approval of the chartering authority. A material revision of a charter is governed by the standards and criteria described in Section 47605. (4) The findings of paragraphs (7) and (8) of subdivision (c) of Section 47605 shall not be used to deny a renewal of an existing charter school, but may be used to deny a proposed expansion constituting a material revision. For a material revision, analysis under paragraphs (7) and (8) of subdivision (c) of Section 47605 shall be limited to consideration only of the impact of the proposed material revision. (5) The chartering authority may inspect or observe any part of the charter school at any time. (b) Renewals and material revisions of charters are governed by the standards and criteria described in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. Notwithstanding any other law, and beginning on July 1, 2026, standards and criteria include timelines, deadlines, and other procedures referenced in subdivision (b) of Section 47605 or subdivision (b) of Section 47605.6, as applicable. (c) (1) As an additional criterion for determining whether to grant a charter renewal, the chartering authority shall consider the performance of the charter school on the state and local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5. (2) (A) The chartering authority shall not deny renewal for a charter school pursuant to this subdivision if either of the following apply for two consecutive years immediately preceding the renewal decision: (i) The charter school has received the two highest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels. (ii) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or higher than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are higher than the state average. (B) Notwithstanding subparagraph (A), if the two consecutive years immediately preceding the renewal decision include the 2019–20 or 2020–21 school year, the chartering authority shall not deny renewal for a charter school if either of the following apply for two of the most recent years for which state data is available preceding the renewal decision: (i) The charter school has received the two highest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels. (ii) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or higher than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are higher than the state average. (C) Notwithstanding subparagraphs (A) and (B), a charter school eligible for technical assistance pursuant to Section 47607.3 shall not qualify for renewal under this paragraph. (D) A charter school that meets the criteria established by this paragraph and subdivision (a) of Section 47607.2 shall not qualify for treatment under this paragraph. (E) The chartering authority that granted the charter may renew a charter pursuant to this paragraph for a period of between five and seven years. (F) A charter that satisfies the criteria in subparagraph (A) or (B) shall only be required to update the petition to include a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed and as necessary to reflect the current program offered by the charter. (3) For purposes of this section and Section 47607.2, “measurements of academic performance” means indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 that are based on statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, the English Language Proficiency Assessments for California, or any successor system, and the college and career readiness indicator. (4) For purposes of this section and Section 47607.2, “subgroup” means numerically significant pupil subgroups as defined in paragraph (1) of subdivision (a) of Section 52052. (5) To qualify for renewal under clause (i) of subparagraph (A) or (B) of paragraph (2), subparagraph (A) of paragraph (1) or (2) of subdivision (a) of Section 47607.2, or paragraph (3) of subdivision (a) of Section 47607.2, the charter school shall have schoolwide performance levels on at least two measurements of academic performance per year in each of the two consecutive years immediately preceding the renewal decision. To qualify for renewal under clause (ii) of subparagraph (A) or (B) of paragraph (2), subparagraph (B) of paragraph (1) or (2) of subdivision (a) of Section 47607.2, or paragraph (3) of subdivision (a) of Section 47607.2, the charter school shall have performance levels on at least two measurements of academic performance for at least two subgroups. A charter school without sufficient performance levels to meet these criteria shall be considered under subdivision (b) of Section 47607.2. (6) For purposes of this section and Section 47607.2, if the dashboard indicators are not yet available for the most recently completed academic year before renewal, the chartering authority shall consider verifiable data provided by the charter school related to the dashboard indicators, such as data from the California Assessment of Student Performance and Progress, or any successor system, for the most recent academic year. (7) Paragraph (2) and subdivisions (a) and (b) of Section 47607.2 shall not apply to a charter school that is eligible for alternate methods for calculating the state and local indicators pursuant to subdivision (d) of Section 52064.5. In determining whether to grant a charter renewal for such a charter school, the chartering authority shall consider, in addition to the charter school’s performance on the state and local indicators included in the evaluation rubrics adopted pursuant to subdivision (c) of Section 52064.5, the charter school’s performance on alternative metrics applicable to the charter school based on the pupil population served. The chartering authority shall meet with the charter school during the first year of the charter school’s term to mutually agree to discuss alternative metrics to be considered pursuant to this paragraph and shall notify the charter school of the alternative metrics to be used within 30 days of this meeting. The chartering authority may deny a charter renewal pursuant to this paragraph only upon making written findings, setting forth specific facts to support the findings, that the closure of the charter school is in the best interest of pupils. (d) (1) At the conclusion of the year immediately preceding the final year of the charter school’s term, the chartering authority may request, and the department shall provide, the following aggregate data reflecting pupil enrollment patterns at the charter school: (A) The cumulative enrollment for each school year of the charter school’s term. For purposes of this chapter, cumulative enrollment is defined as the total number of pupils, disaggregated by race, ethnicity, and pupil subgroups, who enrolled in school at any time during the school year. (B) For each school year of the charter school’s term, the percentage of pupils enrolled at any point between the beginning of the school year and census day who were not enrolled at the conclusion of that year, and the average results on the statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, for any such pupils who were enrolled in the charter school the prior school year. (C) For each school year of the charter school’s term, the percentage of pupils enrolled the prior school year who were not enrolled as of census day for the school year, except for pupils who completed the grade that is the highest grade served by the charter school, and the average results on the statewide assessments in the California Assessment of Student Performance and Progress system, or any successor system, for any such pupils. (2) When determining whether to grant a charter renewal, the chartering authority shall review data provided pursuant to paragraph (1), any data that may be provided to chartering authorities by the department, and any substantiated complaints that the charter school has not complied with subparagraph (J) of paragraph (5) of subdivision (c) of Section 47605 or with subparagraph (J) of paragraph (5) of subdivision (b) of Section 47605.6. (3) As part of its determination of whether to grant a charter renewal based on the criterion established pursuant to subdivision (c) and subdivisions (a) and (b) of Section 47607.2, the chartering authority may make a finding that the charter school is not serving all pupils who wish to attend and, upon making such a finding, specifically identify the evidence supporting the finding. (e) Notwithstanding subdivision (c) and subdivisions (a) and (b) of Section 47607.2, the chartering authority may deny renewal of a charter school upon a finding that the school is demonstrably unlikely to successfully implement the program set forth in the petition due to substantial fiscal or governance factors, or is not serving all pupils who wish to attend, as documented pursuant to subdivision (d). The chartering authority may deny renewal of a charter school under this subdivision only after it has provided at least 30 days’ notice to the charter school of the alleged violation and provided the charter school with a reasonable opportunity to cure the violation, including a corrective action plan proposed by the charter school. The chartering authority may deny renewal only by making either of the following findings: (1) The corrective action proposed by the charter school has been unsuccessful. (2) The violations are sufficiently severe and pervasive as to render a corrective action plan unviable. (f) A charter may be revoked by the chartering authority if the chartering authority finds, through a showing of substantial evidence, that the charter school did any of the following: (1) Committed a material violation of any of the conditions, standards, or procedures set forth in the charter. (2) Failed to meet or pursue any of the pupil outcomes identified in the charter. (3) Failed to meet generally accepted accounting principles, or engaged in fiscal mismanagement. (4) Violated any law. (g) Before revocation, the chartering authority shall notify the charter school of any violation of this section and give the school a reasonable opportunity to remedy the violation, unless the chartering authority determines, in writing, that the violation constitutes a severe and imminent threat to the health or safety of the pupils. (h) Before revoking a charter for failure to remedy a violation pursuant to subdivision (f), and after expiration of the school’s reasonable opportunity to remedy without successfully remedying the violation, the chartering authority shall provide a written notice of intent to revoke and notice of facts in support of revocation to the charter school. No later than 30 days after providing the notice of intent to revoke a charter, the chartering authority shall hold a public hearing, in the normal course of business, on the issue of whether evidence exists to revoke the charter. No later than 30 days after the public hearing, the chartering authority shall issue a final decision to revoke or decline to revoke the charter, unless the chartering authority and the charter school agree to extend the issuance of the decision by an additional 30 days. The chartering authority shall not revoke a charter, unless it makes written factual findings supported by substantial evidence, specific to the charter school, that support its findings. (i) (1) If a school district is the chartering authority and it revokes a charter pursuant to this section, the charter school may appeal the revocation to the county board of education within 30 days following the final decision of the chartering authority. (2) The county board of education may reverse the revocation decision if the county board of education determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence. The school district may appeal the reversal to the state board. (3) If the county board of education does not issue a decision on the appeal within 90 days of receipt, or the county board of education upholds the revocation, the charter school may appeal the revocation to the state board. (4) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence. The state board may uphold the revocation decision of the school district if the state board determines that the findings made by the chartering authority under subdivision (h) are supported by substantial evidence. (j) (1) If a county board of education is the chartering authority and the county board of education revokes a charter pursuant to this section, the charter school may appeal the revocation to the state board within 30 days following the decision of the chartering authority. (2) The state board may reverse the revocation decision if the state board determines that the findings made by the chartering authority under subdivision (h) are not supported by substantial evidence. (k) If the revocation decision of the chartering authority is reversed on appeal, the agency that granted the charter shall continue to be regarded as the chartering authority. (l) During the pendency of an appeal filed under this section, a charter school whose revocation proceedings are based on paragraph (1) or (2) of subdivision (f) shall continue to qualify as a charter school for funding and for all other purposes of this part, and may continue to hold all existing grants, resources, and facilities, in order to ensure that the education of pupils enrolled in the school is not disrupted. (m) Immediately following the decision of a county board of education to reverse a decision of a school district to revoke a charter, all of the following shall apply: (1) The charter school shall qualify as a charter school for funding and for all other purposes of this part. (2) The charter school may continue to hold all existing grants, resources, and facilities. (3) Any funding, grants, resources, and facilities that had been withheld from the charter school, or that the charter school had otherwise been deprived of use, as a result of the revocation of the charter, shall be immediately reinstated or returned. (n) A final decision of a revocation or appeal of a revocation pursuant to subdivision (f) shall be reported to the chartering authority, the county board of education, and the department. (o) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2026, Ch. 65, Sec. 95. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47607.2. Source version: id_a02d0c34-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision: (A) The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels. (B) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average. (2) A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision. (3) The chartering authority shall consider the following factors, and may renew a charter that meets the criteria in paragraph (1) only upon making both of the following written factual findings, specific to the particular petition, setting forth specific facts to support the findings: (A) The charter school is taking meaningful steps to address the underlying cause or causes of low performance, and those steps are reflected, or will be reflected, in a written plan adopted by the governing body of the charter school. (B) There is clear and convincing evidence showing either of the following: (i) The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school. (ii) Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers. (C) Clauses (i) and (ii) of subparagraph (B) shall be demonstrated by verified data, as defined in subdivision (c). (4) Verified data, as defined in subdivision (c), shall be considered by the chartering authority until June 30, 2028, for a charter school pursuant to this subdivision for the charter school’s next two subsequent renewals. (5) For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years. (b) (1) For all charter schools for which paragraph (2) of subdivision (c) of Section 47607 and subdivision (a) of this section do not apply, the chartering authority shall consider the schoolwide performance and performance of all subgroups of pupils served by the charter school on the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 and the performance of the charter school on the local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5. (2) The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal. (3) In addition to the state and local indicators, the chartering authority shall consider clear and convincing evidence showing either of the following: (A) The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school. (B) Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers. (4) Subparagraphs (A) and (B) of paragraph (3) shall be demonstrated by verified data, as defined in subdivision (c). (5) Verified data, as defined in subdivision (c), shall be considered by the chartering authority for the next two subsequent renewals until June 30, 2028, for a charter school pursuant to this paragraph. (6) The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils, and, if applicable pursuant to paragraphs (2) and (3), that its decision provided greater weight to performance on measurements of academic performance. (7) For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years. (c) (1) For purposes of this section, “verified data” means data derived from nationally recognized, valid, peer-reviewed, and reliable sources that are externally produced. Verified data shall include measures of postsecondary outcomes. (2) The state board shall establish criteria to define verified data and identify an approved list of valid and reliable assessments that shall be used for this purpose. (3) No data sources other than those adopted by the state board pursuant to paragraph (2) shall be used as verified data. (4) Notwithstanding paragraph (3), a charter school under consideration for renewal before the state board’s adoption pursuant to paragraph (2) may present data consistent with this subdivision. (5) Adoption of the criteria pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (6) The state board may adopt and make necessary revisions to the criteria in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (7) Upon adoption of a pupil-level academic growth measure for English language arts and mathematics, the state board may reconsider criteria adopted pursuant to this subdivision. (d) This section shall become inoperative on July 1, 2028, and as of January 1, 2029, is repealed. (Amended by Stats. 2026, Ch. 65, Sec. 96. (AB 126) Effective July 9, 2026. Inoperative July 1, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions. See later operative version added by Sec. 97 of Stats. 2026, Ch. 65.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47607.2. Source version: id_92ac64a0-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision: (A) The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels. (B) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average. (2) A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision. (3) For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years. (b) (1) For all charter schools for which paragraph (2) of subdivision (c) of Section 47607 and subdivision (a) of this section do not apply, the chartering authority shall consider the schoolwide performance and performance of all subgroups of pupils served by the charter school on the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 and the performance of the charter school on the local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5. (2) The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal. (3) The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils, and, if applicable pursuant to paragraph (2), that its decision provided greater weight to performance on measurements of academic performance. (4) For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years. (c) This section shall become operative on July 1, 2028. (Repealed (in Sec. 96) and added by Stats. 2026, Ch. 65, Sec. 97. (AB 126) Effective July 9, 2026. Operative July 1, 2028, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47607.3. Source version: id_a3de0646-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) Using an evaluation rubric adopted by the state board pursuant to Section 52064.5, and beginning with the 2025–26 school year, and every three years thereafter, for any charter school for which one or more pupil subgroups identified pursuant to Section 52052 meet the criteria established pursuant to subdivision (g) of Section 52064.5, which may also include an all pupils subgroup as described in Section 52064.5, the county superintendent of schools in which the charter school is located shall provide technical assistance for a minimum of three years following the identification that shall be focused on building the charter school’s capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following: (1) Assisting the charter school to identify its strengths and weaknesses in regard to the state priorities applicable to the charter school pursuant to subdivision (c) of Section 47605. This shall include working collaboratively with the charter school to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5 and other relevant local data, and to identify effective, evidence-based programs or practices that address any areas of weakness. (2) Working collaboratively with the charter school to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the charter school. The county superintendent of schools in which the charter school is located, in consultation with the charter school, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the charter school in need of technical assistance. (3) Obtaining from the charter school timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or substantially similar activities, or has selected another service provider to work with the charter school to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the chartering authority to assess the charter school’s progress in improving pupil outcomes. (b) (1) For purposes of this section, the geographic lead agency, as identified pursuant to Section 52073, or its designee, as identified in subdivision (d) of Section 52071, shall serve in the role of the county superintendent of schools for a charter school authorized by the county board of education. (2) The geographic lead agency shall choose a designee to provide the technical assistance pursuant to subdivision (a) for any charter school for whom the geographic lead agency’s county board of education is the chartering authority. The geographic lead agency shall contract with the designee using the funds allocated pursuant to Sections 2575.3 and 2575.35. (c) If the charter school meets the criteria established for school districts under subdivision (a) of Section 52072, the county superintendent of schools in the county which the charter school is located may request assistance from the California Collaborative for Educational Excellence. The California Collaborative for Educational Excellence may, after consulting with the Superintendent, and with the approval of the state board, provide advice and assistance to the charter school pursuant to Section 52074. (d) A chartering authority shall consider for revocation any charter school to which the California Collaborative for Educational Excellence has provided advice and assistance pursuant to subdivision (c) and about which it has made either of the following findings, which shall be submitted to the chartering authority: (1) That the charter school has failed, or is unable, to implement the recommendations of the California Collaborative for Educational Excellence. (2) That the inadequate performance of the charter school, based upon an evaluation rubric adopted pursuant to Section 52064.5, is either so persistent or so acute as to require revocation of the charter. (e) The chartering authority shall consider increases in pupil academic achievement for all pupil subgroups served by the charter school in determining whether to revoke the charter. (f) A chartering authority shall comply with the hearing process described in subdivisions (g) and (h) of Section 47607 in revoking a charter. A charter school may not appeal a revocation of a charter made pursuant to this section. (g) If the governing body of a charter school requests technical assistance, the chartering authority shall provide technical assistance consistent with paragraph (1) or (2) of subdivision (a). If a charter school has not been identified for technical assistance pursuant to subdivision (a), the chartering authority may assess the charter school a fee not to exceed the cost of the service. (h) A charter school shall accept the technical assistance provided pursuant to subdivision (a). For purposes of accepting technical assistance, a charter school may satisfy this requirement by providing the timely documentation to the county superintendent of schools of the county in which the charter school is located, and maintaining regular communication with the chartering authority. (i) For a charter school that is eligible for alternate methods for calculating the state and local indicators pursuant to subdivision (d) of Section 52064.5, technical assistance provided pursuant to subdivision (a) shall take into account the charter school’s performance on alternative metrics applicable to the charter school based on the pupil population served. (j) This section shall not preclude a charter school from soliciting technical assistance from other entities at its own expense. (k) For a charter school operating before July 1, 2020, subdivision (a) as it read on January 1, 2019, shall apply until June 30, 2022. (l) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2026, Ch. 65, Sec. 98. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47607.4. Source version: id_d3f53299-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= Notwithstanding the renewal process and criteria established in Sections 47605.9, 47607, and 47607.2 or any other law, effective July 1, 2021, all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, inclusive, shall have their term extended by two years, and all charter schools whose term expires on or between January 1, 2024, and June 30, 2027, inclusive, shall have their term extended by one additional year. (Amended by Stats. 2023, Ch. 48, Sec. 43. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47607.5. Source version: id_35bdf109-c131-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= (a) Except for charter schools authorized pursuant to Section 47605.6, if either a school district governing board or a county board of education, as a chartering authority, does not grant a renewal to a charter school pursuant to Section 47607 or 47607.2, the charter school may appeal the decision pursuant to the procedures pertaining to a denial of a petition for establishment of a charter school, as provided in subdivision (k) of Section 47605 for review in accordance with Section 47607. (b) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2020, Ch. 24, Sec. 46. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47607.8. Source version: id_3f198c9c-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= The department, in consultation with the state board, shall collect data to track implementation of Chapter 486 of the Statutes of 2019 (Assembly Bill 1505 of the 2019-20 Regular Session). (Amended by Stats. 2020, Ch. 370, Sec. 75. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 2. Establishment of Charter Schools [47605 - 47608] SECTION 47608. Source version: id_d66d118b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=2.&article= All meetings of the governing board of the school district and the county board of education at which the granting, revocation, appeal, or renewal of a charter petition is discussed shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code). (Amended by Stats. 1998, Ch. 34, Sec. 9. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47610. Source version: id_773f8d5c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= A charter school shall comply with this part and all of the provisions set forth in its charter, but is otherwise exempt from the laws governing school districts, except all of the following: (a) As specified in Section 47611. (b) As specified in Section 41365. (c) All laws establishing minimum age for public school attendance. (d) The California Building Standards Code (Part 2 (commencing with Section 101) of Title 24 of the California Code of Regulations), as adopted and enforced by the local building enforcement agency with jurisdiction over the area in which the charter school is located. (e) Charter school facilities shall comply with subdivision (d) by January 1, 2007. (Amended by Stats. 2006, Ch. 538, Sec. 110. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47610.5. Source version: id_778c74de-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= A charter school facility is exempt from the requirements of subdivision (d) of Section 47610 if either of the following conditions apply: (a) The charter school facility complies with Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5. (b) The charter school facility is exclusively owned or controlled by an entity that is not subject to the California Building Standards Code, including, but not limited to, the federal government. (Amended by Stats. 2006, Ch. 538, Sec. 111. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47611. Source version: id_d66d1191-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) If a charter school chooses to make the State Teacher’s Retirement Plan available, all employees of the charter school who perform creditable service shall be entitled to have that service covered under the plan’s Defined Benefit Program or Cash Balance Benefit Program, and all provisions of Part 13 (commencing with Section 22000) and Part 14 (commencing with Section 26000) shall apply in the same manner as the provisions apply to other public schools in the school district that granted the charter. (b) (1) If a charter school offers its employees coverage by the State Teachers’ Retirement System or the Public Employees’ Retirement System, or both, the charter school shall inform all applicants for positions within that charter school of the retirement system options for employees of the charter school. (2) The information shall specifically include whether the charter school makes available to employees coverage under the State Teachers’ Retirement System, the Public Employees’ Retirement System, or both systems, and that accepting employment in the charter school may exclude the applicant from further coverage in the applicant’s current retirement system, depending on the retirement options offered by the charter of the charter school. (Amended by Stats. 2000, Ch. 1025, Sec. 40. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47611.3. Source version: id_d66e9833-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) At the request of a charter school, a school district or county office of education that is the chartering authority of a charter school shall create any reports required by the State Teachers’ Retirement System and the Public Employees’ Retirement System. The county superintendent of schools, employing agency, or school district that reports to those systems pursuant to Section 23004 of this code or Section 20221 of the Government Code shall submit the required reports on behalf of the charter school. The school district or county office of education may charge the charter school for the actual costs of the reporting services. (b) As a condition of creating and submitting reports for the State Teachers’ Retirement System and the Public Employees Retirement System, the school district or county office of education shall not require a charter school to purchase payroll processing services from the chartering authority. Information submitted on behalf of the charter school to the State Teachers’ Retirement System, the Public Employees’ Retirement System, or both, shall be in a format conforming to the requirements of those systems. (Added by Stats. 2000, Ch. 466, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47611.5. Source version: id_41b768fe-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code shall apply to charter schools. (b) A charter school charter shall contain a declaration regarding whether or not the charter school shall be deemed the exclusive public school employer of the employees at the charter school for the purposes of Section 3540.1 of the Government Code. If the charter school is not so deemed a public school employer, the school district where the charter is located shall be deemed the public school employer for the purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of the Government Code. (c) If the charter of a charter school does not specify that it shall comply with those statutes and regulations governing public school employers that establish and regulate tenure or a merit or civil service system, the scope of representation for that charter school shall also include discipline and dismissal of charter school employees. (d) The Public Employment Relations Board shall take into account the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600)) when deciding cases brought before it related to charter schools. (e) The approval or a denial of a charter petition by a granting agency pursuant to subdivision (c) of Section 47605 shall not be controlled by collective bargaining agreements nor subject to review or regulation by the Public Employment Relations Board. (f) By March 31, 2000, all existing charter schools must declare whether or not they shall be deemed a public school employer in accordance with subdivision (b), and that declaration shall not be materially inconsistent with the charter. (Amended by Stats. 2020, Ch. 370, Sec. 76. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47612. Source version: id_de218f27-2f7f-11e3-a1bf-e0a3fa6e661b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) A charter school shall be deemed to be under the exclusive control of the officers of the public schools for purposes of Section 8 of Article IX of the California Constitution, with regard to the appropriation of public moneys to be apportioned to any charter school, including, but not necessarily limited to, appropriations made for purposes of this chapter. (b) The average daily attendance in a charter school may not, in any event, be generated by a pupil who is not a California resident. To remain eligible for generating charter school apportionments, a pupil over 19 years of age shall be continuously enrolled in public school and make satisfactory progress towards award of a high school diploma. The state board shall, on or before January 1, 2000, adopt regulations defining “satisfactory progress.” (c) A charter school shall be deemed to be a “school district” for purposes of Article 1 (commencing with Section 14000) of Chapter 1 of Part 9 of Division 1 of Title 1, Section 41301, Section 41302.5, Article 10 (commencing with Section 41850) of Chapter 5 of Part 24 of Division 3, Section 47638, and Sections 8 and 8.5 of Article XVI of the California Constitution. (d) For purposes of calculating average daily attendance, no pupil shall generate more than one day of attendance in a calendar day. Notwithstanding any other law, a charter school that operates a multitrack calendar shall comply with all of the following: (1) Calculate attendance separately for each track. The divisor in the calculation shall be the calendar days in which school was taught for pupils in each track. (2) Operate no more than five tracks. (3) Operate each track for a minimum of 175 days. If the charter school is a conversion school, the charter school may continue its previous schedule as long as it provides no fewer than 163 days of instruction in each track. (4) For each track, provide the total number of instructional minutes, as specified in Section 47612.5. (5) No track shall have less than 55 percent of its schooldays before April 15. (6) Unless otherwise authorized by statute, no pupil shall generate more than one unit of average daily attendance in a fiscal year. (e) Compliance with the conditions set forth in this section shall be included in the audits conducted pursuant to Section 41020. (Amended by Stats. 2013, Ch. 357, Sec. 33. (SB 97) Effective September 26, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47612.1. Source version: id_f7606048-ca33-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) Except for the requirement that a pupil be a California resident, subdivision (b) of Section 47612 shall not apply to a charter school program that provides instruction exclusively in partnership with any of the following: (1) The federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.). (2) Federally affiliated Youth Build programs. (3) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider. (4) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Section 14406 or 14507.5 of the Public Resources Code. (b) This section shall become operative on July 1, 2015. (Amended by Stats. 2016, Ch. 186, Sec. 48. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47612.5. Source version: id_450a1c1b-c131-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) Notwithstanding any other law and as a condition of apportionment, a charter school shall do all of the following: (1) For each fiscal year, offer, at a minimum, the following number of minutes of instruction: (A) To pupils in kindergarten, 36,000 minutes. (B) To pupils in grades 1 to 3, inclusive, 50,400 minutes. (C) To pupils in grades 4 to 8, inclusive, 54,000 minutes. (D) To pupils in grades 9 to 12, inclusive, 64,800 minutes. (2) Maintain written contemporaneous records that document all pupil attendance and make these records available for audit and inspection. (3) Certify that its pupils have participated in the state testing programs specified in Chapter 5 (commencing with Section 60600) of Part 33 in the same manner as other pupils attending public schools as a condition of apportionment of state funding. (b) Notwithstanding any other law and except to the extent inconsistent with this section and Section 47634.2, a charter school that provides independent study shall comply with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 and implementing regulations adopted thereunder. The state board shall adopt regulations that apply this article to charter schools. To the extent that these regulations concern the qualifications of instructional personnel, the state board shall be guided by subdivision (l) of Section 47605. (c) A reduction in apportionment made pursuant to subdivision (a) shall be proportional to the magnitude of the exception that causes the reduction. For purposes of paragraph (1) of subdivision (a), for each charter school that fails to offer pupils the minimum number of minutes of instruction specified in that paragraph, the Superintendent shall withhold from the charter school’s apportionment for average daily attendance of the affected pupils, by grade level, the sum of that apportionment multiplied by the percentage of the minimum number of minutes of instruction at each grade level that the charter school failed to offer. (d) (1) Notwithstanding any other law and except as provided in paragraph (1) of subdivision (e), a charter school that has an approved charter may receive funding for nonclassroom-based instruction only if a determination for funding is made pursuant to Section 47634.2 by the state board. The determination for funding shall be subject to any conditions or limitations the state board may prescribe. The state board shall adopt regulations on or before February 1, 2002, that define and establish general rules governing nonclassroom-based instruction that apply to all charter schools and to the process for determining funding of nonclassroom-based instruction by charter schools offering nonclassroom-based instruction other than the nonclassroom-based instruction allowed by paragraph (1) of subdivision (e). Nonclassroom-based instruction includes, but is not limited to, independent study, home study, work study, and distance and computer-based education. In prescribing any conditions or limitations relating to the qualifications of instructional personnel, the state board shall be guided by subdivision (l) of Section 47605. (2) Except as provided in paragraph (2) of subdivision (b) of Section 47634.2, a charter school that receives a determination pursuant to subdivision (b) of Section 47634.2 is not required to reapply annually for a funding determination of its nonclassroom-based instruction program if an update of the information the state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the board. A charter school that has achieved a rank of 6 or greater on the Academic Performance Index for the two years immediately before receiving a funding determination pursuant to subdivision (b) of Section 47634.2 shall receive a five-year determination and is not required to annually reapply for a funding determination of its nonclassroom-based instruction program if an update of the information the state board reviewed when initially determining funding would not require material revision, as that term is defined in regulations adopted by the state board. Notwithstanding any law, the state board may require a charter school to provide updated information at any time it determines that a review of that information is necessary. The state board may terminate a determination for funding if updated or additional information requested by the board is not made available to the board by the charter school within a reasonable amount of time or if the information otherwise supports termination. A determination for funding pursuant to Section 47634.2 shall not exceed five years. (3) A charter school that offers nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2 to receive funding each time its charter is renewed or materially revised pursuant to Section 47607. A charter school that materially revises its charter to offer nonclassroom-based instruction in excess of the amount authorized by paragraph (1) of subdivision (e) is subject to the determination for funding requirement of Section 47634.2. (e) (1) Notwithstanding any other law, and as a condition of apportionment, “classroom-based instruction” in a charter school, for purposes of this part, occurs only when charter school pupils are engaged in educational activities required of those pupils and are under the immediate supervision and control of an employee of the charter school who possesses a valid certification document registered as required by law. For purposes of calculating average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by the charter school shall be at the schoolsite, and the charter school shall require the attendance of all pupils for whom a classroom-based apportionment is claimed at the schoolsite for at least 80 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a). (2) For the purposes of this part, “nonclassroom instruction” or “nonclassroom-based instruction” means instruction that does not meet the requirements specified in paragraph (1). The state board may adopt regulations pursuant to paragraph (1) of subdivision (d) specifying other conditions or limitations on what constitutes nonclassroom-based instruction, as it deems appropriate and consistent with this part. (3) For purposes of this part, a schoolsite is a facility that is used principally for classroom instruction. (4) Notwithstanding any other law, neither the state board nor the Superintendent may waive the requirements of paragraph (1) of subdivision (a). (Amended by Stats. 2020, Ch. 24, Sec. 47. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47612.6. Source version: id_29c5e931-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) The State Board of Education may waive fiscal penalties calculated pursuant to subdivision (c) of Section 47612.5 for a charter school that fails to offer the minimum number of instructional minutes required pursuant to subdivision (a) of Section 47612.5 for the fiscal year. (b) For fiscal penalties incurred as a result of providing insufficient instructional minutes in the 2002–03 fiscal year, or any fiscal year thereafter, the State Board of Education may grant a waiver only upon the condition that the charter school agrees to maintain minutes of instruction equal to those minutes of instruction it failed to offer and the minimum number of instructional minutes required pursuant to subdivision (a) of Section 47612.5 for twice the number of years that it failed to maintain the required minimum number of instructional minutes for the fiscal year. Compliance with the condition shall commence no later than the school year following the fiscal year that the waiver was granted and shall continue for each subsequent school year until the condition is satisfied. (c) Compliance with the condition set forth in subdivision (b) shall be verified in the report of the annual audit of the charter school for each fiscal year in which it is required to maintain additional time pursuant to subdivision (b). If the audit report for a year in which the additional time is required to be maintained does not verify that the additional time was provided, the waiver granted pursuant to subdivision (b) shall be revoked and the charter school shall repay the fiscal penalty calculated pursuant to subdivision (c) of Section 47612.5, in accordance with subdivision (a) of Section 41344. (d) It is the intent of the Legislature that charter schools make every effort to make up any instructional minutes lost during the fiscal year in which the loss occurred rather than seek a waiver pursuant to this section. (Added by Stats. 2005, Ch. 543, Sec. 6. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47612.7. Source version: id_d7f3624b-20e7-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) Notwithstanding any other law and except as provided in subdivision (b), from January 1, 2020, to January 1, 2026, inclusive, the approval of a petition for the establishment of a new charter school, as defined in paragraph (2) of subdivision (e) of Section 47612.5, is prohibited. (b) Subdivision (a) shall not apply to a nonclassroom-based charter school that was granted approval of its petition and providing educational services to pupils before October 1, 2019, under either of the following circumstances: (1) If Assembly Bill 1507 of the 2019–20 Regular Session amends Section 47605.1 and becomes operative on January 1, 2020, and the charter school is required to submit a petition to the governing board of a school district or county board of education in an adjacent county in which its existing resource center is located in order to comply with Section 47605.1, as amended by Assembly Bill 1507 of the 2019–20 Regular Session, or to retain current program offerings or enrollment. (2) If a charter school is required to submit a petition to a school district or county board of education in which a resource center is located in order to comply with the court decision in Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262, or other relevant court ruling, and the petition is necessary to retain current program offerings or enrollment. (3) A charter school authorized by a different chartering authority pursuant to paragraphs (1) and (2) shall be regarded by the department as a continuing charter school for all purposes to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654. (c) Notwithstanding Section 33050 or any other law, the state board shall not waive the restrictions described in this section. (d) (1) No later than October 1, 2023, the Legislative Analyst and the County Office Fiscal Crisis and Management Assistance Team shall study the processes used to determine funding for nonclassroom-based charter schools. (2) The study shall identify and make recommendations on potential improvements to the processes, including recommendations for enhancing oversight and reducing fraud, waste, and abuse. (3) No later than March 1, 2024, the Legislative Analyst and the County Office Fiscal Crisis and Management Assistance Team shall report to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the department, and the executive director of the state board on recommendations and observations as a result of the study. These recommendations or observations shall consider the fiscal impact on the state. (e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2023, Ch. 48, Sec. 44. (SB 114) Effective July 10, 2023. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47613. Source version: id_f5017212-fe2e-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) Except as set forth in subdivision (b), a chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 1 percent of the revenue of the charter school. (b) A chartering authority may charge for the actual costs of supervisorial oversight of a charter school not to exceed 3 percent of the revenue of the charter school if the charter school is able to obtain substantially rent free facilities from the chartering authority. (c) A local educational agency that is given the responsibility for supervisorial oversight of a charter school, pursuant to paragraph (1) of subdivision (k) of Section 47605, may charge for the actual costs of supervisorial oversight, and administrative costs necessary to secure charter school funding. A charter school that is charged for costs under this subdivision may not be charged pursuant to subdivision (a) or (b). (d) This section does not prevent the charter school from separately purchasing administrative or other services from the chartering authority or any other source. (e) For purposes of this section, “chartering authority” means a school district, county board of education, or the state board, that granted the charter to the charter school. (f) For purposes of this section, “revenue of the charter school” means the amount received in the current fiscal year from the local control funding formula calculated pursuant to Section 42238.02, as implemented by Section 42238.03. (g) For purposes of this section, “costs of supervisorial oversight” include, but are not limited to, costs incurred pursuant to Section 47607.3. (Amended by Stats. 2014, Ch. 33, Sec. 38. (SB 859) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47613.1. Source version: id_f84b6cf4-fe2e-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) The Superintendent shall make all of the following apportionments on behalf of a charter school in a school district in which all schools have been converted to charter schools pursuant to Section 47606: (1) From funds appropriated to Section A of the State School Fund for apportionment for that fiscal year pursuant to Article 2 (commencing with Section 42238) of Chapter 7 of Part 24 of Division 3, an amount for each unit of current fiscal year regular average daily attendance in the charter school multiplied by the funding rates calculated pursuant to Section 42238.02, as implemented by Section 42238.03, except that average daily attendance generated by pupils who are residents of the school district may be funded pursuant to paragraph (1) of subdivision (a) of Section 42238.05. (2) For each pupil enrolled in the charter school who is entitled to special education services, the state and federal funds for special education services for that pupil that would have been apportioned for that pupil to the school district to which the charter petition was submitted. (3) Funds for the programs described in former clause (i) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 54761, as that section read on June 30, 2005, and Sections 63000 and 64000, to the extent that any pupil enrolled in the charter school is eligible to participate. (b) Transfers of funding in lieu of property taxes pursuant to Section 47635 shall not apply to a school district in which all schools have been converted to charter schools pursuant to Section 47606. (c) For each pupil residing in the school district and receiving instruction provided by the county office of education, a school district in which all schools have been converted to charter schools shall, for purposes of Section 2576, be treated as a school district in which all schools have not been converted to charter schools. (d) The provisions of subparagraph (A) of paragraph (2) of subdivision (f) of Section 42238.02 that cap the percentage of unduplicated pupils used for calculating the concentration grant add-on to the percentage of unduplicated pupils of the school district in which the charter school is physically located shall not apply to a school district described in this section. (e) Consistent with Section 47630, necessary small school funding shall not be provided to a school district described in this section. (Amended by Stats. 2014, Ch. 33, Sec. 39. (SB 859) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47614. Source version: id_717e7f8f-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) The intent of the people in amending Section 47614 is that public school facilities should be shared fairly among all public school pupils, including those in charter schools. (b) Each school district shall make available, to each charter school operating in the school district, facilities sufficient for the charter school to accommodate all of the charter school’s in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the district. Facilities provided shall be contiguous, furnished, and equipped, and shall remain the property of the school district. The school district shall make reasonable efforts to provide the charter school with facilities near to where the charter school wishes to locate, and shall not move the charter school unnecessarily. (1) The school district may charge the charter school a pro rata share (based on the ratio of space allocated by the school district to the charter school divided by the total space of the district) of those school district facilities costs which the school district pays for with unrestricted general fund revenues. The charter school shall not be otherwise charged for use of the facilities. No school district shall be required to use unrestricted general fund revenues to rent, buy, or lease facilities for charter school students. (2) Each year each charter school desiring facilities from a school district in which it is operating shall provide the school district with a reasonable projection of the charter school’s average daily classroom attendance by in-district students for the following year. The district shall allocate facilities to the charter school for that following year based upon this projection. If the charter school, during that following year, generates less average daily classroom attendance by in-district students than it projected, the charter school shall reimburse the district for the over-allocated space at rates to be set by the State Board of Education. (3) Each school district’s responsibilities under this section shall take effect three years from the effective date of the measure which added this subparagraph, or if the school district passes a school bond measure prior to that time on the first day of July next following such passage. (4) Facilities requests based upon projections of fewer than 80 units of average daily classroom attendance for the year may be denied by the school district. (5) The term “operating,” as used in this section, shall mean either currently providing public education to in-district students, or having identified at least 80 in-district students who are meaningfully interested in enrolling in the charter school for the following year. (6) The State Department of Education shall propose, and the State Board of Education may adopt, regulations implementing this subdivision, including but not limited to defining the terms “average daily classroom attendance,” “conditions reasonably equivalent,” “in-district students,” “facilities costs,” as well as defining the procedures and establishing timelines for the request for, reimbursement for, and provision of, facilities. (Amended November 7, 2000, by initiative Proposition 39, Sec. 6. Note: Prop. 39 is titled the Smaller Classes, Safer Schools and Financial Accountability Act.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47614.5. Source version: id_6a33755a-8164-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) The Charter School Facility Grant Program is hereby established, and shall be administered by the California School Finance Authority. The grant program is intended to provide assistance with facilities rent and lease costs for pupils in charter schools. (b) (1) Commencing with the 2017–18 fiscal year, and subject to available funding in the annual Budget Act, eligible charter schools shall receive an amount equivalent to one of the following, whichever is less: (A) Seventy-five percent of annual facilities rent and lease costs for the charter school. (B) For the 2017–18 fiscal year, an amount equal to one thousand one hundred seventeen dollars ($1,117) per unit of average daily attendance, as certified at the second principal apportionment. Commencing with the 2018–19 fiscal year, the amount of funding provided per unit of average daily attendance in the preceding fiscal year, as adjusted by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (2) In any fiscal year, if the funds appropriated for purposes of this section by the annual Budget Act are insufficient to fully fund the approved amounts, the California School Finance Authority shall apportion the available funds on a pro rata basis. (c) For purposes of this section, the California School Finance Authority shall do all of the following: (1) Inform charter schools of the grant program. (2) Upon application by a charter school, determine eligibility, based on the geographic location of the charter schoolsite, pupil eligibility for free or reduced-price meals, and a preference in admissions, as appropriate. Eligibility for funding shall not be limited to the grade level or levels served by the school whose attendance area is used to determine eligibility. A charter schoolsite is eligible for funding pursuant to this section if the charter schoolsite meets either of the following conditions: (A) The charter schoolsite is physically located in the attendance area of a public elementary school in which 55 percent or more of the pupil enrollment is eligible for free or reduced-price meals and the charter schoolsite gives a preference in admissions to pupils who are currently enrolled in that public elementary school and to pupils who reside in the elementary school attendance area where the charter schoolsite is located. (B) Fifty-five percent or more of the pupil enrollment at the charter schoolsite is eligible for free or reduced-price meals. (3) Inform charter schools of their grant eligibility. (4) Make apportionments to a charter school for eligible expenditures according to the following schedule: (A) An initial apportionment by October 31 of each fiscal year, provided the charter school has submitted a timely application for funding, as determined by the California School Finance Authority. The initial apportionment shall be 50 percent of the charter school’s estimated annual entitlement as determined by this section. (B) A second apportionment by March 1 of each fiscal year. This apportionment shall be 75 percent of the charter school’s estimated annual entitlement, as adjusted for any revisions in cost, enrollment, and other data relevant to computing the charter school’s annual entitlement, less any funding already apportioned to the charter school. (C) A third apportionment within 30 days of the end of each fiscal year or 30 days after receiving the data and documentation needed to compute the charter school’s total annual entitlement, whichever is later. This apportionment shall be the charter school’s total annual entitlement less any funding already apportioned to the charter school. (D) Notwithstanding subparagraph (A), the initial apportionment in the 2013–14 fiscal year shall be made by October 15, 2013, or 105 days after enactment of the Budget Act of 2013, whichever is later. (d) For purposes of this section: (1) The California School Finance Authority shall use prior year data on pupil eligibility for free or reduced-price meals to determine eligibility pursuant to paragraph (2) of subdivision (c). A new charter school that was not operational in the prior year shall be eligible in the current year if it meets the free or reduced-price meal eligibility requirements specified in paragraph (2) of subdivision (c) based on current year data. Prior year rent or lease costs provided by charter schools shall be used to determine eligibility for the grant program until actual rent or lease costs become known or until June 30 of each fiscal year. (2) If prior year rent or lease costs are unavailable, and the current year lease and rent costs are not immediately available, the California School Finance Authority shall use rent or lease cost estimates provided by the charter school. (3) (A) The California School Finance Authority shall verify costs associated with facility rents or leases, as evidenced by an executed rental or lease agreement. (B) The verified facility agreement shall be subject to either of the following conditions: (i) Reimbursable facility rent or lease costs do not exceed the prior year’s costs on file with the authority as of the 2016–17 fiscal year, subject to a cost-of-living adjustment consistent with subparagraph (B) of paragraph (1) of subdivision (b). (ii) The rent or lease costs of new facility agreements are at or below market rate based on an independent appraisal paid for by the charter school. (4) The California School Finance Authority shall verify that the grant amount awarded to each charter school is consistent with eligibility requirements as specified in this section and in regulations adopted by the authority. If it is determined by the California School Finance Authority that a charter school did not receive the proper grant award amount, either the charter school shall transfer funds back to the authority as necessary within 60 days of being notified by the authority, or the authority shall provide an additional apportionment as necessary to the charter school within 60 days of notifying the charter school, subject to the availability of funds. (e) Funds appropriated for purposes of this section shall not be apportioned for any of the following: (1) Units of average daily attendance generated through nonclassroom-based instruction as defined by paragraph (2) of subdivision (e) of Section 47612.5 or that does not comply with conditions or limitations set forth in regulations adopted by the state board pursuant to this section. (2) Charter schools occupying existing school district or county office of education facilities, except that charter schools shall be eligible for the portions of their facilities that are not existing school district or county office of education facilities. (3) Charter schools receiving reasonably equivalent facilities from their chartering authorities pursuant to Section 47614, except that charter schools shall be eligible for the portions of their facilities that are not reasonably equivalent facilities received from their chartering authorities. (f) Funds appropriated for purposes of this section shall first be used for costs associated with facilities rents and leases, consistent with the definitions used in the California School Accounting Manual or regulations adopted by the California School Finance Authority. These funds also may be used for costs, including, but not limited to, costs associated with remodeling buildings, deferred maintenance, initially installing or extending service systems and other built-in equipment, and improving sites. (g) If an existing charter school located in an elementary attendance area in which less than 50 percent of pupil enrollment is eligible for free or reduced-price meals relocates to an attendance area identified in paragraph (2) of subdivision (c), admissions preference shall be given to pupils who reside in the elementary school attendance area into which the charter school is relocating. (h) The California School Finance Authority annually shall report to the department and the Director of Finance, and post information on its Internet Web site, regarding the use of funds that have been made available during the fiscal year to each charter school pursuant to the grant program. (i) The California School Finance Authority shall annually allocate the facilities grants to eligible charter schools according to the schedule in paragraph (4) of subdivision (c) for the current school year rent and lease costs. (j) It is the intent of the Legislature that the funding level for the Charter School Facility Grant Program for the 2012–13 fiscal year be considered the base level of funding for subsequent fiscal years. (k) The Controller shall include instructions appropriate to the enforcement of this section in the audit guide required by subdivision (a) of Section 14502.1. (l) The California School Finance Authority, effective with the 2013–14 fiscal year, shall be considered the senior creditor for purposes of satisfying audit findings pursuant to the audit instructions to be developed pursuant to subdivision (k). (m) The California School Finance Authority may adopt regulations to implement this section. Any regulations adopted pursuant to this section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (n) Notwithstanding any other law, a charter school shall be subject, with regard to this section, to audit conducted pursuant to Section 41020. (Amended by Stats. 2018, Ch. 32, Sec. 42. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 3. Charter School Operation [47610 - 47615] SECTION 47615. Source version: id_d67acd47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=3.&article= (a) The Legislature finds and declares all of the following: (1) Charter schools are part of the Public School System, as defined in Article IX of the California Constitution. (2) Charter schools are under the jurisdiction of the Public School System and the exclusive control of the officers of the public schools, as provided in this part. (3) Charter schools shall be entitled to full and fair funding, as provided in this part. (b) This part shall be liberally construed to effectuate the findings and declarations set forth in this section. (Added by Stats. 1998, Ch. 34, Sec. 16. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 4. Notice [47616.5 - 47616.7] SECTION 47616.5. Source version: id_d67c53eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=4.&article= The Legislative Analyst shall contract for a neutral evaluator to conduct an evaluation of the effectiveness of the charter school approach authorized under this part. On or before July 1, 2003, the neutral evaluator shall report directly to the Legislature and the Governor with recommendations to modify, expand, or terminate the charter school approach. The evaluation of the effectiveness of the charter school approach shall include, but shall not be limited to, the following factors: (a) If available, the pre- and post-charter school test scores of pupils attending charter schools and other pupil assessment tools. (b) The level of parental satisfaction with the charter school approach compared with schools within the district in which the charter school is located. (c) The impact of required parental involvement. (d) The fiscal structures and practices of charter schools as well as the relationship of these structures and practices to school districts, including the amount of revenue received from various public and private sources. (e) An assessment of whether or not the charter school approach has resulted in increased innovation and creativity. (f) Opportunities for teachers under the charter school approach. (g) Whether or not there is an increased focus on low-achieving and gifted pupils. (h) Any discrimination and segregation in charter schools. (i) If available, the number of charter school petitions submitted to governing boards of school districts and the number of those proposals that are denied, per year, since the enactment of the charter school law, including the reasons why the governing boards denied these petitions, and the reasons governing boards have revoked charters. (j) The governance, fiscal liability and accountability practices and related issues between charter schools and the governing boards of the school districts approving their charters. (k) The manner in which governing boards of school districts monitor the compliance of the conditions, standards, and procedures entered into under a charter. (l) The extent of the employment of noncredentialed personnel in charter schools. (m) An assessment of how the exemption from laws governing school districts allows charter schools to operate differently than schools operating under those laws. (n) A comparison in each school district that has a charter school of the pupil dropout rate in the charter schools and in the noncharter schools. (o) The role and impact of collective bargaining on charter schools. (Amended by Stats. 1998, Ch. 673, Sec. 4. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 4. Notice [47616.5 - 47616.7] SECTION 47616.7. Source version: id_d67c53ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=4.&article= The evaluation provided for in Section 47616.5 shall include an analysis of the funding system for charter schools that offer nonclassroom-based instruction. The evaluation shall also examine the effectiveness of the State Board of Education’s process, as provided for in Sections 47612.5 and 47634.2, for approving funding for charter schools offering nonclassroom-based instruction. (Added by Stats. 2001, Ch. 892, Sec. 4. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 5. University Charter Schools [47620 - 47626] ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] SECTION 47620. Source version: id_d67dda93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=5.&article=1. An elementary school that has been operated by the University of California at the Los Angeles campus prior to January 1, 1994, may apply to become a charter school under this chapter. The school may apply under either Section 47621 or Section 47622. If a charter is granted under this chapter, the resulting charter school shall be part of the public school system. (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 5. University Charter Schools [47620 - 47626] ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] SECTION 47621. Source version: id_d67dda95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=5.&article=1. An elementary school that meets the requirements of Section 47620 may apply to become a charter school by petitioning the governing board of the local school district and otherwise following the procedures and requirements contained in Chapter 2 (commencing with Section 47605) and Chapter 3 (commencing with Section 47610). (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 5. University Charter Schools [47620 - 47626] ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] SECTION 47622. Source version: id_d67dda97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=5.&article=1. As an alternative to Section 47621, an elementary school that meets the requirements of Section 47620 may apply to become a charter school by petitioning the State Board of Education. Under this section, the petition shall be signed by not less than 50 percent of the school’s currently employed teachers. All other procedures and requirements, other than those prescribed in subdivision (a) of Section 47605, that are contained in Chapter 2 (commencing with Section 47605) and Chapter 3 (commencing with Section 47610) are applicable to a petition filed pursuant to this section except that references to “governing board” shall mean the State Board of Education. (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 5. University Charter Schools [47620 - 47626] ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] SECTION 47624. Source version: id_d67dda9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=5.&article=1. If a charter is granted under this chapter, the University of California shall continue to own and be liable for the resulting charter school to the same extent as before the granting of the charter. (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 5. University Charter Schools [47620 - 47626] ARTICLE 1. University of California at Los Angeles Elementary Charter School [47620 - 47625] SECTION 47625. Source version: id_d67f613d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=5.&article=1. A charter granted pursuant to Section 47620 shall not become operative before July 1, 1995. (Added by Stats. 1994, Ch. 118, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 5. University Charter Schools [47620 - 47626] ARTICLE 2. Employer [47626- 47626.] SECTION 47626. Source version: id_d67f6141-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=5.&article=2. (a) Notwithstanding Section 47611.5, a charter school operated by the University of California in facilities owned by the Regents of the University of California shall declare in its charter that it is the employer of the employees at the charter school for the purposes of Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code. The provisions of Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code shall apply to the charter school. A charter school operated by the University of California in facilities owned by the Regents of the University of California may not be deemed a public school employer for the purposes of this chapter. (b) By March 31, 2000, an existing charter school operated by the University of California shall amend its charter to comply with this section. (Added by Stats. 1999, Ch. 828, Sec. 4. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 1. General Provisions [47630 - 47632] SECTION 47630. Source version: id_80c61518-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=1. It is the intent of the Legislature that each charter school be provided with operational funding that is equal to the total funding that would be available to a similar school district serving a similar pupil population, except that a charter school may not be funded as a necessary small school or a necessary small high school. (Amended by Stats. 2015, Ch. 19, Sec. 96. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 1. General Provisions [47630 - 47632] SECTION 47630.5. Source version: id_8309274a-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=1. (a) This chapter applies to the calculation of operational funding for charter schools. Except as otherwise provided in this chapter, this chapter shall apply to all charter schools without regard to their sponsoring local education agency. (b) Additional legal or fiscal responsibilities on the part of a county superintendent of schools are not imposed by this chapter, except as specifically provided in this chapter. (Amended by Stats. 2015, Ch. 19, Sec. 97. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 1. General Provisions [47630 - 47632] SECTION 47631. Source version: id_fb9bd076-fe2e-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=1. (a) Article 3 (commencing with Section 47636) shall not apply to a charter granted pursuant to Section 47605.5. (b) A charter school authorized pursuant to Section 47605.5 shall receive the average daily attendance rate calculated pursuant to paragraph (1) of subdivision (c) of Section 2574 for enrolled pupils who are identified as any of the following: (1) Probation-referred pursuant to Section 300, 601, 602, or 654 of the Welfare and Institutions Code. (2) On probation or parole and not attending a school. (3) Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915. (4) Attending schools or classes established pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (c) A charter school authorized pursuant to Section 47605.5 shall be funded pursuant to the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03, for all pupils except for pupils funded pursuant to subdivision (b). (d) A charter school authorized pursuant to Section 47605.5 shall be funded pursuant to the local control funding formula pursuant to Section 2575 for pupils receiving the average daily attendance rate computed pursuant to paragraph (1) of subdivision (c) of Section 2574 and identified in paragraphs (1) to (4), inclusive, of subdivision (b). (Amended by Stats. 2014, Ch. 33, Sec. 40. (SB 859) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 1. General Provisions [47630 - 47632] SECTION 47632. Source version: id_5dab31af-c131-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=1. For purposes of this chapter, the following terms shall be defined as follows: (a) “General-purpose entitlement” means an amount computed by the local control funding formula pursuant to Section 42238.02, as implemented by Section 42238.03. (b) “Economic impact aid-eligible pupils” means those pupils that are included in the economic impact aid-eligible pupil count pursuant to Section 54023. For purposes of applying Section 54023 to charter schools, “economically disadvantaged pupils” means the pupils described in paragraph (2) of subdivision (a) of Section 54026. (c) “General-purpose funding” means those funds that consist of state aid, local property taxes, and other revenues applied toward a school district’s local control funding formula, pursuant to Section 42238.02, as implemented by Section 42238.03. (d) “Categorical aid” means aid that consists of state or federally funded programs, or both, that are apportioned for specific purposes set forth in statute or regulation. (e) “Educationally disadvantaged pupils” means those pupils who meet federal eligibility criteria for free and reduced-price meals as specified in Section 49531, as that section read on January 1, 2013, except in regard to meals in family day care homes. (f) “Operational funding” means all funding except funding for capital outlay. (g) “School district of a similar type” means a school district that is serving similar grade levels. (h) “Similar pupil population” means similar numbers of pupils by grade level, with a similar proportion of educationally disadvantaged pupils. (i) “Sponsoring local educational agency” means the following: (1) If a charter school petition is granted by a school district, the sponsoring local educational agency is the school district. (2) If a charter school petition is granted by a county office of education after having been previously denied by a school district, the sponsoring local educational agency means the school district that initially denied the charter petition. (3) If a charter school petition is granted after a local educational agency determination is reversed by the state board, the sponsoring local educational agency means the pupils’ school district of residence if the school district is a basic aid school district. For purposes of this paragraph, “basic aid school district” means a school district that did not receive an apportionment of state funds in the prior fiscal year as described in subdivision (o) of Section 42238.02. The requirements of this paragraph shall not be waived by the state board pursuant to Section 33050 or any other law. (4) For pupils attending county-sponsored charter schools authorized pursuant to Section 47605.5 who do not meet the criteria identified in subdivision (b) of Section 47631, the sponsoring local educational agency means the pupils’ school district of residence. (5) For pupils attending countywide charter schools authorized pursuant to Section 47605.6 who reside in a basic aid school district, the sponsoring local educational agency means the pupils’ school district of residence. For purposes of this paragraph, “basic aid school district” means a school district that did not receive an apportionment of state funds as described in subdivision (o) of Section 42238.02 in the prior fiscal year. (Amended by Stats. 2020, Ch. 24, Sec. 49. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 2. Charter School Block Grant [47633 - 47635] SECTION 47633. Source version: id_7789279c-8164-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=2. The Superintendent shall annually compute a general-purpose entitlement, funded from a combination of state aid and local funds, for each charter school as follows: (a) The Superintendent shall annually compute the statewide average amount of general-purpose funding per unit of average daily attendance received by school districts for each of four grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and, grades 9 to 12, inclusive. For purposes of making these computations, both of the following conditions shall apply: (1) Revenue limit funding attributable to pupils in kindergarten and grades 1 to 5, inclusive, shall equal the statewide average revenue limit funding per unit of average daily attendance received by elementary school districts; revenue limit funding attributable to pupils in grades 6, 7, and 8, shall equal the statewide average revenue limit funding per unit of average daily attendance received by unified school districts; and revenue limit funding attributable to pupils in grades 9 to 12, inclusive, shall equal the statewide average revenue limit funding per unit of average daily attendance received by high school districts. (2) Revenue limit funding received by school districts shall exclude the value of any benefit attributable to the presence of necessary small schools or necessary small high schools within the school district. (b) The Superintendent shall multiply each of the four amounts computed in subdivision (a) by the charter school’s average daily attendance in the corresponding grade level ranges. The resulting figure shall be the amount of the charter school’s general-purpose entitlement, which shall be funded through a combination of state aid and local funds. From funds appropriated for this purpose pursuant to Section 14002, the Superintendent shall apportion to each charter school this amount, less local funds allocated to the charter school pursuant to Section 47635 and any amount received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (c) General-purpose entitlement funding may be used for any public school purpose determined by the governing body of the charter school. (d) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (e) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 43. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 2. Charter School Block Grant [47633 - 47635] SECTION 47634.2. Source version: id_d683f537-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=2. (a) (1) Notwithstanding any other provision of law, the amount of funding to be allocated to a charter school on the basis of average daily attendance that is generated by pupils engaged in nonclassroom-based instruction, as defined by paragraph (2) of subdivision (d) of Section 47612.5, including funding provided on the basis of average daily attendance pursuant to Sections 47613.1, 47633, 47634, and 47664, shall be adjusted by the State Board of Education. The State Board of Education shall adopt regulations setting forth criteria for the determination of funding for nonclassroom-based instruction, at a minimum the regulation shall specify that the nonclassroom-based instruction is conducted for the instructional benefit of the pupil and substantially dedicated to that function. In developing these criteria and determining the amount of funding to be allocated to a charter school pursuant to this section, the State Board of Education shall consider, among other factors it deems appropriate, the amount of the charter school’s total budget expended on certificated employee salaries and benefits and on schoolsites, as defined in paragraph (3) of subdivision (d) of Section 47612.5, and the teacher-to-pupil ratio in the school. (2) For the 2001–02 fiscal year only, the amount of funding determined by the State Board of Education pursuant to this section shall not be less than 90 percent of the unadjusted amount to which a charter school would otherwise be entitled on the basis of average daily attendance. (3) For the 2002-03 fiscal year, the amount of funding determined by the State Board of Education pursuant to this section shall not be more than 80 percent of the unadjusted amount to which a charter school would otherwise be entitled, unless the State Board of Education determines that a greater or lesser amount is appropriate based on the criteria specified in paragraph (1) of subdivision (a). (4) For the 2003–04 fiscal year and each fiscal year thereafter, the amount of funding determined by the State Board of Education pursuant to this section shall not be more than 70 percent of the unadjusted amount to which a charter school would otherwise be entitled, unless the State Board of Education determines that a greater or lesser amount is appropriate based on the criteria specified in paragraph (1) of subdivision (a). (5) This section does not authorize the board to adjust the amount of funding a charter school receives on the basis of average daily attendance generated through classroom-based instruction, as defined for purposes of calculating average daily attendance for classroom-based instruction apportionments by paragraph (1) of subdivision (d) of Section 47612.5. (b) (1) The State Board of Education shall appoint an advisory committee to recommend criteria to the board in accordance with this section if it has not done so by the effective date of the act adding this section. The advisory committee shall include, but is not limited to, representatives from school district superintendents, charter schools, teachers, parents, members of the governing boards of school districts, county superintendents of schools, and the Superintendent of Public Instruction. (2) If a charter school submits a substantially complete request for a determination for funding by February 13, 2002, and the State Board of Education does not act on that request by March 19, 2002, full funding is automatically granted for the 2001–02 fiscal year, but the charter school shall reapply for a determination for funding for the 2002–03 fiscal year. (3) The determination for funding shall be on a percentage basis and the superintendent shall implement the determination for funding by reducing the charter school’s reported average daily attendance by the determination for funding percentage specified by the State Board of Education. (4) If the State Board of Education denies request for a determination for funding or provides a reduction as authorized by subdivision (a), the board shall, in writing, give the reasons for its denial or reduction and, if appropriate, may describe how any deficiencies or problems may be addressed. (c) Each charter school offering nonclassroom-based instruction shall, in each report provided to the Superintendent of Public Instruction for apportionment purposes, identify the portion of its average daily attendance that is generated through nonclassroom-based instruction as defined in paragraph (2) of subdivision (d) of Section 47612.5. (d) Notwithstanding any other provision of law, charter schools shall be subject, with regard to subdivisions (c) and (d) of Section 47612.5 and this section, to audits conducted pursuant to Section 41020. (Amended by Stats. 2002, Ch. 664, Sec. 62. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 2. Charter School Block Grant [47633 - 47635] SECTION 47634.4. Source version: id_a1e1d7b5-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=2. (a) A charter school that elects to receive its funding directly, pursuant to Section 47651, may apply individually for federal and state categorical programs, not excluded in this section, but only to the extent it is eligible for funding and meets the provisions of the program. For purposes of determining eligibility for, and allocation of, state or federal categorical aid, a charter school that applies individually shall be deemed to be a school district, except as otherwise provided in this chapter. (b) A charter school that does not elect to receive its funding directly, pursuant to Section 47651, may apply, in cooperation with its chartering authority, for federal and state categorical programs not specified in this section, but only to the extent it is eligible for funding and meets the provisions of the program. (c) Notwithstanding any other law, a charter school shall not apply directly for categorical programs for which services are exclusively or almost exclusively provided by a county office of education. (d) Consistent with subdivision (c), a charter school shall not receive direct funding for any of the following county-administered categorical programs: (1) American Indian Education Centers. (2) County Office Fiscal Crisis and Management Assistance Team. (3) The K–12 High Speed Network. (e) A charter school may apply separately for district-level or school-level grants associated with any of the categorical programs specified in subdivision (d). (Amended by Stats. 2015, Ch. 538, Sec. 24. (SB 416) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 2. Charter School Block Grant [47633 - 47635] SECTION 47635. Source version: id_6f5522e1-c131-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=2. (a) A sponsoring local educational agency shall annually transfer to each of its charter schools funding in lieu of property taxes equal to the lesser of the following two amounts: (1) The average amount of property taxes per unit of average daily attendance, including average daily attendance attributable to charter schools, received by the local educational agency, multiplied by the charter school’s average daily attendance. (2) The local control funding formula grant funding computed pursuant to subdivision (d) of Section 42238.02, per unit of average daily attendance, multiplied by the charter school’s average daily attendance in each of the four corresponding grade level ranges: kindergarten and grades 1, 2, and 3; grades 4, 5, and 6; grades 7 and 8; and grades 9 to 12, inclusive. (3) Notwithstanding paragraph (2), until the Superintendent determines that a charter school is funded pursuant to Section 42238.02, the Superintendent shall apportion funding per unit of average daily attendance pursuant to this article. The base grant for purposes of paragraph (2) shall be the lesser of the amount calculated pursuant to paragraph (2) or the sum of the entitlements for the charter school in the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02. (4) If the sum of the funding transferred pursuant to this subdivision and the funding calculated pursuant to subdivision (e) of Section 42238.03 exceeds the sum of the amounts calculated pursuant to subdivisions (e), (f), and (i) of Section 42238.02, the excess funding shall be used to offset funding calculated pursuant to subdivision (e) of Section 42238.03. (b) The sponsoring local educational agency shall transfer funding in lieu of property taxes to the charter school in monthly installments, by no later than the 15th of each month. (1) For the months of August to February, inclusive, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes received by the sponsoring local educational agency during the preceding fiscal year, as reported to the Superintendent for purposes of the second principal apportionment. A sponsoring local educational agency shall transfer to the charter school the charter school’s estimated annual entitlement to funding in lieu of property taxes as follows: (A) Six percent in August. (B) Twelve percent in September. (C) Eight percent each month in October, November, December, January, and February. (2) For the months of March to June, inclusive, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes estimated to be received by the sponsoring local educational agency during the fiscal year, as reported to the Superintendent for purposes of the first principal apportionment. A sponsoring local educational agency shall transfer to each of its charter schools an amount equal to one-sixth of the difference between the school’s estimated annual entitlement to funding in lieu of property taxes and the amounts provided pursuant to paragraph (1). An additional one-sixth of this difference shall be included in the amount transferred in the month of March. (3) For the month of July, a charter school’s funding in lieu of property taxes shall be computed based on the amount of property taxes estimated to be received by the sponsoring local educational agency during the prior fiscal year, as reported to the Superintendent for purposes of the second principal apportionment. A sponsoring local educational agency shall transfer to each of its charter schools an amount equal to the remaining difference between the school’s estimated annual entitlement to funding in lieu of property taxes and the amounts provided pursuant to paragraphs (1) and (2). (4) Notwithstanding subdivision (a) of Section 14002, final adjustments to the amount of funding in lieu of property taxes allocated to a charter school shall be made in June, in conjunction with the third recertification of annual apportionments to schools. (5) Subdivision (a) and paragraphs (1) to (4), inclusive, do not apply for pupils who reside in, and are otherwise eligible to attend a school in, a basic aid school district, but who attend a charter school in a nonbasic aid school district. With regard to these pupils, the sponsoring basic aid school district shall transfer to the charter school an amount of funds equivalent to the local control funding formula grant pursuant to Section 42238.02, as implemented by Section 42238.03, earned through average daily attendance by the charter school for each pupil’s attendance, not to exceed the average property tax share per unit of average daily attendance for pupils residing and attending in the basic aid school district. The transfer of funds shall be made in not fewer than two installments at the request of the charter school, the first occurring not later than February 1 and the second not later than June 1 of each school year. Payments shall reflect the average daily attendance certified for the time periods of the first and second principal apportionments, respectively. The Superintendent may not apportion any funds for the attendance of pupils described in this subdivision unless the amount transferred by the basic aid school district is less than the local control funding formula grant pursuant to Section 42238.02, as implemented by Section 42238.03, earned by the charter school, in which event the Superintendent shall apportion the difference to the charter school from state funds. (Amended by Stats. 2020, Ch. 24, Sec. 50. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 3. Other Operational Funding Available to Charter Schools [47636 - 47638] SECTION 47636. Source version: id_940ba1b5-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=3. (a) This chapter shall not prevent a charter school from negotiating with a local educational agency for a share of operational funding from sources not otherwise set forth in this chapter including, but not limited to, all of the following: (1) Forest reserve revenues and other operational revenues received due to harvesting or extraction of minerals or other natural resources. (2) Sales and use taxes, to the extent that the associated revenues are available for noncapital expenses of public schools. (3) Parcel taxes, to the extent that the associated revenues are available for noncapital expenses of public schools. (4) Ad valorem property taxes received by a school district which exceed its local control funding formula entitlement pursuant to Section 42238.02, as implemented by Section 42238.03. (5) “Basic aid” received by a school district pursuant to Section 6 of Article IX of the California Constitution. (b) This section shall become operative July 1, 2006. (Amended by Stats. 2013, Ch. 47, Sec. 86. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 3. Other Operational Funding Available to Charter Schools [47636 - 47638] SECTION 47638. Source version: id_d6870283-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=3. For purposes of determining eligibility for, and allocations of, lottery funds, a charter school shall be deemed to be a school district. The State Department of Education shall determine each charter school’s appropriate share of statewide total average daily attendance and include this information in its transmittals to the Controller for use in computing allocations of lottery funds. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 4. Special Education Funding [47640 - 47647] SECTION 47640. Source version: id_d6870287-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=4. For the purposes of this article, “local educational agency” means a school district as defined in Section 41302.5 or a charter school that is deemed a local educational agency pursuant to Section 47641. As used in this article, “local educational agency” also means a charter school that is responsible for complying with all provisions of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations as they relate to local educational agencies. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 4. Special Education Funding [47640 - 47647] SECTION 47641. Source version: id_d6870289-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=4. (a) A charter school that includes in its petition for establishment or renewal, or that otherwise provides, verifiable, written assurances that the charter school will participate as a local educational agency in a special education plan approved by the State Board of Education shall be deemed a local educational agency for the purposes of compliance with federal law (Individuals with Disabilities Education Act; 20 U.S.C. Sec. 1400 et seq.) and for eligibility for federal and state special education funds. A charter school that is deemed a local educational agency for the purposes of special education pursuant to this article shall be permitted to participate in an approved special education local plan that is consistent with subdivision (a), (b), or (c) of Section 56195.1. (b) A charter school that was granted a charter by a local educational agency that does not comply with subdivision (a) may not be deemed a local educational agency pursuant to this article, but shall be deemed a public school of the local educational agency that granted the charter. (c) A charter school that has been granted a charter by the State Board of Education, and for which the board has delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, and does not comply with subdivision (a), shall be deemed a public school of the local educational agency to which the board has delegated its supervisorial and oversight responsibilities. (d) A charter school that has been granted a charter by the State Board of Education, and for which the board has not delegated its supervisorial and oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, may not be deemed a local educational agency unless the charter school complies with subdivision (a). (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 4. Special Education Funding [47640 - 47647] SECTION 47642. Source version: id_d687028b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=4. Notwithstanding Section 47651, all state and federal funding for special education apportioned on behalf of pupils enrolled in a charter school shall be included in the allocation plan adopted pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, or both, by the special education local plan area that includes the charter school. (Amended by Stats. 1999, Ch. 646, Sec. 23.4. Effective January 1, 2000. Applicable from July 1, 1999, by Sec. 47 of Ch. 646.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 4. Special Education Funding [47640 - 47647] SECTION 47643. Source version: id_d687028d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=4. If the approval of a petition for a charter school requires a change to the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, the change shall be adopted pursuant to the policymaking process of the special education local plan area. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 4. Special Education Funding [47640 - 47647] SECTION 47644. Source version: id_8065ba43-c131-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=4. For each charter school deemed a local educational agency for the purposes of special education, an amount equal to the amount computed pursuant to Section 56836.148 for the special education local plan area in which the charter school is included shall be apportioned by the Superintendent pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05, or both. (Amended by Stats. 2020, Ch. 24, Sec. 51. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 4. Special Education Funding [47640 - 47647] SECTION 47645. Source version: id_d6888931-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=4. An agency reviewing a request by a charter school to participate as a local educational agency in a special education local plan area may not treat the charter school differently from the manner in which it treats a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, a local or state agency shall ensure all of the following: (a) The special education local plan area complies with Section 56140. (b) The charter school participates in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area. (c) The charter school participates in governance of the special education local plan area and benefits from services provided throughout the special education local plan area, in the same manner as other local educational agencies of the special education local plan area. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 4. Special Education Funding [47640 - 47647] SECTION 47646. Source version: id_cc8ad032-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=4. (a) A charter school that is deemed to be a public school of the local educational agency that granted the charter for purposes of special education shall participate in state and federal funding for special education in the same manner as any other public school of that local educational agency. A child with disabilities attending the charter school shall receive special education instruction or designated instruction and services, or both, in the same manner as a child with disabilities who attends another public school of that local educational agency. The agency that granted the charter shall ensure that all children with disabilities enrolled in the charter school receive special education and designated instruction and services in a manner that is consistent with their individualized education program and is in compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations, including Section 300.209 of Title 34 of the Code of Federal Regulations. (b) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56205) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education receives an equitable share of special education funding and services consisting of either, or both, of the following: (1) State and federal funding provided to support special education instruction or designated instruction and services, or both, provided or procured by the charter school that serves pupils enrolled in and attending the charter school. Notwithstanding any other provision of this chapter, a charter school may report average daily attendance to accommodate eligible pupils who require extended year services as part of an individualized education program. (2) Any necessary special education services, including administrative and support services and itinerant services, that are provided by the local educational agency on behalf of pupils with disabilities enrolled in the charter school. (c) In administering the local operation of special education pursuant to the local plan established pursuant to Chapter 3 (commencing with Section 56205) of Part 30, in which the local educational agency that granted the charter participates, the local educational agency that granted the charter shall ensure that each charter school that is deemed a public school for purposes of special education also contributes an equitable share of its charter school block grant funding to support districtwide special education instruction and services, including, but not limited to, special education instruction and services for pupils with disabilities enrolled in the charter school. (Amended by Stats. 2007, Ch. 56, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 4. Special Education Funding [47640 - 47647] SECTION 47647. Source version: id_d6888935-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=4. A local educational agency reviewing a petition for the establishment or renewal of a charter school may not refuse to grant the petition solely because the charter might enroll pupils with disabilities who reside in a special education local plan area other than the special education local plan area that includes the local educational agency reviewing the petition. (Added by Stats. 1999, Ch. 78, Sec. 32.8. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 5. Apportionment of Funds [47650 - 47655] SECTION 47650. Source version: id_cf587f46-8980-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=5. A charter school shall be deemed to be a school district for purposes of determining the manner in which warrants are drawn on the State School Fund pursuant to Section 14041. For purposes of Section 14041, a charter school’s “total amount certified” means the state aid portion of the charter school’s total local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03. (Amended by Stats. 2014, Ch. 923, Sec. 39. (SB 971) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 5. Apportionment of Funds [47650 - 47655] SECTION 47651. Source version: id_a725a6c7-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=5. (a) A charter school may receive the state aid portion of the charter school’s total local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, directly or through the local educational agency that either grants its charter or was designated by the state board. (1) In the case of a charter school that elects to receive its funding directly, the warrant shall be drawn in favor of the county superintendent of schools of the county in which the local educational agency that granted the charter, or was designated by the state board as the oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605, is located, for deposit to the appropriate funds or accounts of the charter school in the county treasury. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school. (2) In the case of a charter school that does not elect to receive its funding directly pursuant to this section, the warrant shall be drawn in favor of the county superintendent of schools of the county in which the local educational agency that granted the charter is located or was designated the oversight agency by the state board pursuant to paragraph (1) of subdivision (k) of Section 47605, for deposit to the appropriate funds or accounts of the local educational agency. (3) In the case of a charter school, the charter of which was granted by the state board, but for which the state board has not delegated oversight responsibilities pursuant to paragraph (1) of subdivision (k) of Section 47605, the warrant shall be drawn in favor of the county superintendent of schools in the county where the local educational agency is located that initially denied the charter that was later granted by the state board. The county superintendent of schools is authorized to establish appropriate funds or accounts in the county treasury for each charter school. (b) On or before June 1 of each year, a charter school electing to receive its funding directly shall so notify the county superintendent of schools of the county in which the local educational agency that granted the charter is located or, in the case of charters for which the state board has designated an oversight agency pursuant to paragraph (1) of subdivision (k) of Section 47605, the county superintendent of schools of the county in which the designated oversight agency is located. An election to receive funding directly applies to all funding that the charter school is eligible to receive including, but not limited to, the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, other state and federal categorical aid, and lottery funds. (Amended by Stats. 2015, Ch. 303, Sec. 99. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 5. Apportionment of Funds [47650 - 47655] SECTION 47652. Source version: id_7825f5c2-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=5. (a) Notwithstanding Section 41330, a charter school in its first year of operation shall be eligible to receive funding for the advance apportionment based on an estimate of average daily attendance for the current fiscal year, as approved by the local educational agency that granted its charter and the county office of education in which the charter-granting agency is located. For charter schools approved by the state board, estimated average daily attendance shall be submitted directly to, and approved by, the department. Not later than five business days following the end of the first 20 schooldays, a charter school receiving funding pursuant to this section shall report to the department its actual average daily attendance for that first month, and the Superintendent shall adjust immediately, but not later than 45 days, the amount of its advance apportionment accordingly. (b) In addition to funding received pursuant to Section 41330, a charter school in its second or later year of operation also shall be eligible to receive an advance apportionment pursuant to the process and conditions described in subdivision (a) in any year in which the charter school is adding at least one grade level. The average daily attendance funded for a new grade level shall not exceed the portion of the certified average daily attendance at the second principal apportionment for the prior year that was attributable to pupils in the highest grade served by the charter school. (c) A charter school in its first year of operation may only commence instruction within the first three months of the fiscal year beginning July 1 of that year. A charter school shall not be eligible for an apportionment pursuant to subdivision (a), or any other apportionment for a fiscal year in which instruction commenced after September 30 of that fiscal year. (Amended by Stats. 2006, Ch. 139, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 5. Apportionment of Funds [47650 - 47655] SECTION 47653. Source version: id_e51f9f71-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=5. (a) A charter school required to be regarded as a continuing charter school by the department pursuant to subparagraph (E) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (B) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (d) of Section 47605.9, or paragraph (3) of subdivision (b) of Section 47612.7 shall notify the department by May 15 before the fiscal year in which the charter school is to be regarded as a continuing charter school by the department, in a format to be established by the Superintendent. The Superintendent may require the charter school to submit attendance records or other documents necessary to verify that instruction had been provided at the site to substantiate that the charter school meets the requirements to be regarded as a continuing charter school by the department. (b) Failure of an eligible charter school or its chartering authority to provide notice and substantiation to the department in accordance with subdivision (a) relieves the department of any obligation to regard the charter school as a continuing charter school. (c) A charter school petition authorized by a different chartering authority pursuant to subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7 shall be effective before the date instruction begins for the current fiscal year. (d) A charter school regarded as a continuing charter school in accordance with this section shall commence instruction within the first three months of the fiscal year beginning July 1 of the year the petition is effective pursuant to subdivision (c). A charter school shall not be eligible for an apportionment for any fiscal year in which instruction commenced after September 30 of that fiscal year. (e) A charter school regarded as a continuing charter school by the department shall not be eligible for funding as a new charter school pursuant to subdivision (a) of Section 47652. (f) The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. (Amended by Stats. 2021, Ch. 124, Sec. 20. (AB 938) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 5. Apportionment of Funds [47650 - 47655] SECTION 47654. Source version: id_d9109cc7-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=5. The definitions set forth in this section apply for purposes of this part and Chapter 7 (commencing with Section 42238) of Part 24 of Division 3. “Affected charter school” means a charter school that has been, or is proposed to be, affected by an action to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. Affected charter schools include all of the following charter school types: (a) (1) “Acquiring charter school” means a state charter school site deemed a continuing charter school that has wholly combined with one or more other affected state charter school sites by an action taken to comply with subdivision (c) of Section 47605.9. This paragraph shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (2) On the date paragraph (1) becomes inoperative, a charter school that meets the definition of an acquiring charter school pursuant to paragraph (1) shall no longer be regarded as a continuing charter school. (b) “Continuing charter school” means a charter school that the department has deemed to have met the requirements of Section 47653. (c) (1) “Divided charter school” means a continuing charter school that has had one or more of its sites become a separately authorized charter school by an action to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. (2) The “restructured portion of a divided charter school” means the site or sites of the divided charter school that each become separately authorized by an action taken to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7, and that is regarded as a continuing charter school in accordance with Section 47653. (3) The “remaining portion of a divided charter school” means the portion of the original charter school remaining after action is taken to bring sites, resource centers, satellite facilities, and meeting spaces into compliance with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. (d) “Original charter school” means a charter school as it existed before an action taken to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. (e) “Restructured charter school” means a transferred charter school, acquiring charter school, or divided charter school. (f) “Transferred charter school” means a continuing charter school that is wholly authorized by a different chartering authority to comply with subparagraph (A) of paragraph (5) of subdivision (a) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605.1, subdivision (c) of Section 47605.9, or subdivision (b) of Section 47612.7. (Amended by Stats. 2023, Ch. 48, Sec. 45. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 5. Apportionment of Funds [47650 - 47655] SECTION 47655. Source version: id_dec1d3a9-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=5. (a) Notwithstanding any other law, all debt and liabilities owed to the state for an original charter school shall transfer to a restructured charter school in accordance with this section. (b) (1) A transferred charter school shall retain all of the debt and liabilities owed to the state incurred by, or applicable to, the original charter school for the period before the fiscal year the restructuring becomes effective. (2) An acquiring charter school shall assume all of the debt and liabilities owed to the state incurred by, or applicable to, the original charter schools for the period before the fiscal year the restructuring becomes effective. This paragraph shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (3) For a divided charter school, the debt and liabilities owed to the state incurred by, or applicable to, the original charter school for the period before the fiscal year the restructuring becomes effective shall be the responsibility of the remaining portion of a divided charter school. If the remaining portion of a divided charter school closes, unassigned debt and liability owed to the state shall be the responsibility of the restructured charter schools. (Amended by Stats. 2023, Ch. 48, Sec. 46. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] SECTION 47660. Source version: id_98611927-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=6. For purposes of computing eligibility for, and entitlements to, general purpose funding and operational funding for categorical programs, the enrollment and average daily attendance of a sponsoring local educational agency shall exclude the enrollment and attendance of pupils in its charter schools funded pursuant to this chapter. (Amended by Stats. 2013, Ch. 47, Sec. 87. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] SECTION 47662. Source version: id_6684ac99-5da4-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=6. For purposes of Section 42238.02, as implemented by Section 42238.03, the property tax revenues received by a sponsoring local educational agency pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of the Revenue and Taxation Code shall be reduced by the amount of funding in lieu of property taxes allocated to a charter school or schools pursuant to Section 47635. (Amended by Stats. 2017, Ch. 15, Sec. 31. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 26.8. CHARTER SCHOOLS [47600 - 47663] CHAPTER 6. Funding [47630 - 47663] ARTICLE 6. Computations Affecting Sponsoring Local Educational Agencies [47660 - 47663] SECTION 47663. Source version: id_9f107a80-8164-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=26.8.&chapter=6.&article=6. (a) (1) For a pupil of a charter school sponsored by a basic aid school district who resides in, and is otherwise eligible to attend, a school district other than a basic aid school district, the Superintendent shall apportion to the sponsoring school district an amount equal to 70 percent of the local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, per unit of average daily attendance that would have been apportioned to the school district that the pupil resides in, and would otherwise have been eligible to attend. (2) Notwithstanding paragraph (1), until the Superintendent determines that the school district the pupil resides in, and would otherwise have been eligible to attend, is funded pursuant to Section 42238.02, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to paragraph (1) or 70 percent of the sum of the entitlements for the school district that the pupil resides in, and would otherwise have been eligible to attend, for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02. (3) If the entitlements for the school district the pupil resides in, and would otherwise have been eligible to attend, as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, paragraph (2) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to paragraph (1). (b) A school district that loses basic aid status as a result of transferring property taxes to a charter school or schools pursuant to Section 47635 for pupils who reside in, and are otherwise eligible to attend, a school district other than the school district that sponsors the charter school, shall be eligible to receive a pro rata share of funding provided by subdivision (a), with the proration factor calculated as the ratio of the following: (1) The amount of property taxes that the school district receives in excess of its total base grant per unit of average daily attendance calculated pursuant to Section 42238.02, as implemented by Section 42238.03, before any transfers made pursuant to Section 47635, except for transfers in lieu of property taxes made for pupils who reside in, and would otherwise be eligible to attend, a school of the school district. (2) The total amount in lieu of property taxes transferred pursuant to Section 47635 to the charter school or schools that it sponsors, except for transfers in lieu of property taxes made for pupils who reside in, and would otherwise be eligible to attend, a school of the school district. (c) In no event shall the amount provided pursuant to this section exceed the amount in lieu of property taxes transferred on behalf of charter school pupils who do not reside in the school district, less the proportionate amount of base grant state aid provided pursuant to Section 42238.02, as implemented by Section 42238.03, that is attributable to the charter school pupils who do not reside in the school district. (d) The Superintendent shall not apportion funds for the attendance of a pupil in a charter school of a nonbasic aid school district who resides in, and is otherwise eligible to attend school in, a basic aid school district unless the pupil is subject to the exceptions set forth in paragraph (5) of subdivision (b), and subdivision (c), of Section 47635. (e) For purposes of this section, “basic aid school district” means a school district that does not receive from the state, for any fiscal year in which the subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02. (Amended by Stats. 2018, Ch. 32, Sec. 45. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 1. Kindergartens [48000 - 48004] SECTION 48000. Source version: id_a740b948-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=1. (a) A child shall be admitted to a kindergarten maintained by the school district at the beginning of a school year, or at a later time in the same year, if the child will have their fifth birthday on or before one of the following dates: (1) December 2 of the 2011–12 school year. (2) November 1 of the 2012–13 school year. (3) October 1 of the 2013–14 school year. (4) September 1 of the 2014–15 school year and each school year thereafter. (b) The governing board of the school district of a school district maintaining one or more kindergartens may, on a case-by-case basis, admit to a kindergarten a child having attained the age of five years at any time during the school year with the approval of the parent or guardian, subject to the following conditions: (1) The governing board of the school district determines that the admittance is in the best interests of the child. (2) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance. (c) (1) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, and Chapter 3 (commencing with Section 47610) of Part 26.8, as applicable, a school district or charter school shall ensure the following: (A) In the 2012–13 school year, a child who will have their fifth birthday between November 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (B) In the 2013–14 school year, a child who will have their fifth birthday between October 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (C) From the 2014–15 school year to the 2021–22 school year, inclusive, a child who will have their fifth birthday between September 2 and December 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (D) In the 2022–23 school year, a child who will have their fifth birthday between September 2 and February 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (E) In the 2023–24 school year, a child who will have their fifth birthday between September 2 and April 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (F) In the 2024–25 school year, a child who will have their fifth birthday between September 2 and June 2 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (G) In the 2025–26 school year, and in each school year thereafter, a child who will have their fourth birthday by September 1 shall be admitted to a transitional kindergarten program maintained by the school district or charter school. (2) (A) In any school year, a school district or charter school may, at any time during a school year, admit a child to a transitional kindergarten program who will have their fifth birthday after the date specified for the applicable year in subparagraphs (A) to (F), inclusive, of paragraph (1) but during that same school year, with the approval of the parent or guardian, subject to the following conditions: (i) The governing board of the school district or the governing body of the charter school determines that the admittance is in the best interests of the child. (ii) The parent or guardian is given information regarding the advantages and disadvantages and any other explanatory information about the effect of this early admittance. (B) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to subparagraph (A) shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained the pupil’s fifth birthday, regardless of when the pupil was admitted during the school year. (d) For purposes of this section, “transitional kindergarten” means the first year of a two-year kindergarten program that uses a curriculum that is age and developmentally appropriate. Developmentally appropriate curriculum includes both of the following: (1) Instructional practices that promote a child’s development and learning through a strengths- and play-based approach to joyful, engaged learning that addresses the domains of development in the department’s California Preschool/Transitional Kindergarten Learning Foundations. (2) A cohesive set of principles, learning goals, intentional teaching strategies, activities, experiences, environments, and materials designed to help children learn and thrive in ways that are appropriate to their age and stage of cognitive, social, emotional, and physical development, as well as their individual needs, home languages, and cultural experiences. (e) A transitional kindergarten shall not be construed as a new program or higher level of service. (f) It is the intent of the Legislature that transitional kindergarten curriculum be aligned to the California Preschool/Transitional Kindergarten Learning Foundations developed by the department. (g) As a condition of receipt of apportionment for pupils in a transitional kindergarten program pursuant to Section 46300, a school district or charter school shall do all of the following: (1) Maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school: (A) “Class” means a group of pupils scheduled to report regularly at a particular time to a particular teacher during the regular schoolday, as defined by the governing board of the school district or the governing body of the charter school, as applicable, excluding special day classes. Classes in the evening and summer school class shall not be considered classes for purposes of this calculation. (B) (i) “Active enrollment count” for purposes of subparagraph (C) means the count of all pupils enrolled in a class with transitional kindergarten pupils on the first day of the school year on which the class was in session, plus all later enrollees, minus all withdrawals since that first day. An active enrollment count shall be made on the last teaching day of each school month that ends before April 15 of the school year. (ii) For school districts, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who meet the minimum day requirements for independent study and are continually enrolled in independent study for more than 14 schooldays in a school year. (iii) For charter schools, active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who are continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught for the purpose of meeting the 175-instructional-day offering, as described in Section 11960 of Title 5 of the California Code of Regulations. (C) “Average number of pupils enrolled per class” means the quotient of the sum of the active enrollment counts made under subparagraph (B) divided by the total number of those active enrollment counts for each class of the schoolsite. (D) “Average transitional kindergarten class enrollment” means the quotient of the sum of the average number of pupils enrolled per class determined pursuant to subparagraph (C) of all classes at the schoolsite divided by the total number of all classes at the schoolsite that include transitional kindergarten pupils, rounded to the nearest half or whole integer. (2) Commencing with the 2022–23 school year, maintain an average of at least one adult for every 12 pupils for transitional kindergarten classrooms at each schoolsite. For purposes of this calculation, the following shall apply for each schoolsite of a school district or charter school: (A) “Total transitional kindergarten enrollment” is the sum of the average number of pupils enrolled per class of all classes at the schoolsite, as determined in subparagraph (C) of paragraph (1). (B) “Number of adults” shall be determined for each schoolsite as follows: (i) A count of employees of the school district or charter school assigned to each class at the schoolsite that includes transitional kindergarten pupils shall be made on the last teaching day of each school month that ends before April 15 of the school year. (ii) The sum of all of the adult counts pursuant to clause (i) shall be divided by the total number of those counts, rounded to the nearest half or whole integer. (C) “Adult-to-pupil ratio” shall be the quotient of the total transitional kindergarten enrollment divided by the total number of adults, rounded to the nearest half or whole integer. (3) (A) Commencing with the 2025–26 school year, and for each year thereafter, maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms. (B) It is the intent of the Legislature to appropriate funds for purposes of this paragraph. (4) Ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, one of the following: (A) At least 24 units in early childhood education, childhood development, or both. (B) As determined and documented by the local educational agency employing the teacher, professional experience in a classroom setting with preschool age children meeting the criteria established by the governing board or body of the local educational agency that is comparable to the 24 units of education described in subparagraph (A). (C) A child development teacher permit, or an early childhood education specialist credential, issued by the Commission on Teacher Credentialing. (h) A school district or charter school may place four-year-old children, as defined in Section 8205, enrolled in a California state preschool program into a transitional kindergarten program classroom. A school district or charter school that commingles children from both programs in the same classroom shall meet all of the requirements of the respective programs in which the children are enrolled, and the school district or charter school shall adhere to all of the following requirements, irrespective of the program in which the child is enrolled: (1) An observation using the Classroom Assessment Scoring System (CLASS) tool and CLASS Environment tool shall be completed for the classroom. (2) All children enrolled for 10 or more hours per week shall be evaluated using the Desired Results Developmental Profile, as specified in Section 17702 of Title 5 of the California Code of Regulations. (3) The classroom shall be taught by a teacher that holds a credential issued by the Commission on Teacher Credentialing in accordance with Section 44065 and subdivision (b) of Section 44256 and who meets the requirements set forth in subdivision (g). (4) The classroom shall be in compliance with the adult-child ratio specified in subdivision (c) of Section 8241. (5) Contractors of a school district or charter school commingling children enrolled in the California state preschool program with children enrolled in a transitional kindergarten program classroom shall report the services, revenues, and expenditures for the California state preschool program children in accordance with Section 18068 of Title 5 of the California Code of Regulations. Those contractors are not required to report services, revenues, and expenditures for the children in the transitional kindergarten program. (i) Until July 1, 2019, a transitional kindergarten classroom that has in attendance children enrolled in a California state preschool program shall be licensed pursuant to Chapter 3.4 (commencing with Section 1596.70) of, and Chapter 3.5 (commencing with Section 1596.90) of, Division 2 of the Health and Safety Code. (j) A school district or charter school that chooses to place California state preschool program children into a transitional kindergarten program classroom shall not also include children enrolled in transitional kindergarten for a second year or children enrolled in kindergarten in that classroom. (k) A child’s eligibility for transitional kindergarten enrollment under paragraph (1) or (2) of subdivision (c) shall not impact family eligibility for a preschool or childcare program, including, but not limited to, all of the following: (1) A Head Start or Early Head Start program, as defined by the federal Head Start Act, as amended (42 U.S.C. Sec. 9801 et seq.). (2) A childcare center, family childcare home, or license-exempt provider serving children through an alternative payment program pursuant to Chapter 3 (commencing with Section 10225) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (3) A migrant childcare and development program serving children pursuant to Chapter 6 (commencing with Section 10235) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (4) A childcare center or family childcare home educational network serving children through a California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6 of Division 1 of Title 1. (5) A childcare center, family childcare home, or license-exempt provider serving children through a general childcare and development program pursuant to Chapter 7 (commencing with Section 10240) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (6) A family childcare home educational network serving children pursuant to Chapter 8 (commencing with Section 10250) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (7) Childcare and development services for children with special needs pursuant to Chapter 9 (commencing with Section 10260) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (8) A program serving children through a CalWORKs Stage 1, Stage 2, or Stage 3 program pursuant to Chapter 21 (commencing with Section 10370) of Part 1.8 of Division 9 of the Welfare and Institutions Code. (l) (1) The Superintendent shall authorize California state preschool program contracting agencies to offer less than four hours each instructional day of wraparound childcare services within a part-day California state preschool program for children enrolled in an education program as a transitional kindergarten or kindergarten pupil, if their families meet the requirements of Section 8208. (2) The Superintendent shall authorize California state preschool programs operating on a local education agency campus to operate a part-day California state preschool program that allows flexibility in the operational hours and enrollment cutoff dates to better align with the enrollment for the new school year. (3) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) and Section 33308.5, until regulations are filed with the Secretary of State to implement this subdivision the department shall implement this subdivision, through management bulletins or similar letters of instruction on or before December 31, 2022. (Amended by Stats. 2026, Ch. 65, Sec. 99. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 1. Kindergartens [48000 - 48004] SECTION 48000.1. Source version: id_2074fdd0-a949-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=1. (a) For the purposes of subparagraphs (A) and (B) of paragraph (4) of subdivision (g) of Section 48000, “units” means semester units, or their quarterly equivalent, as used for the purposes of a degree program at the University of California, California State University, California Community Colleges, or independent institutions of higher education, as defined in Section 66010. (b) (1) Commencing with the 2022–23 school year, if a school district or charter school fails to comply with the requirements of paragraphs (1) to (4), inclusive, of subdivision (g) of Section 48000, the Superintendent shall withhold from the school district’s or charter school’s entitlement computed pursuant to Section 42238.02 the sum of the following: (A) (i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (2) of subdivision (g) of Section 48000, the amount determined by multiplying: (I) The number of additional adults needed to meet the requirements of paragraph (2) of subdivision (g) of Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 12, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000. (II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (III) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (g) of Section 42238.02. (ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (3) of subdivision (g) of Section 48000, the amount determined by multiplying: (I) The number of additional adults needed to meet the requirements of paragraph (3) of subdivision (g) of Section 48000, as calculated by dividing the total transitional kindergarten enrollment at the schoolsite, as determined pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 48000, by 10, rounded to the nearest half or whole integer, minus the total number of adults at the schoolsite, as determined pursuant to subparagraph (B) of paragraph (2) of subdivision (g) of Section 48000. (II) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (III) The per average daily attendance rate determined pursuant to paragraph (3) of subdivision (g) of Section 42238.02. (B) For school districts and charter schools that fail to ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2025, met one of the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000, the amount determined by multiplying: (i) The number of credentialed teachers that did not meet the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000. (ii) Twenty-four, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest 10th. (iii) The per average daily attendance rate pursuant to subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02. (iv) The quotient of the sum of all schooldays on which all teachers identified pursuant to clause (i) rendered any amount of service in a classroom with transitional kindergarten pupils without meeting the applicable requirements divided by the total days of instruction for those teachers. (C) (i) For the 2022–23, 2023–24, and 2024–25 school years, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying the then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02. (ii) For the 2025–26 school year and for each school year thereafter, for school districts and charter schools that fail to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite, as required pursuant to paragraph (1) of subdivision (g) of Section 48000, the amount determined by multiplying the transitional kindergarten average daily attendance for the second principal apportionment period for the affected schoolsites by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02. (2) The requirements of paragraphs (1), (2), and (4) of subdivision (g) of Section 48000, and, if operative, the requirements of paragraph (3) of subdivision (g) of Section 48000, shall apply to any classroom providing instruction to pupils enrolled in a transitional kindergarten program. (c) The Superintendent shall adjust an amount withheld pursuant to the requirements of subdivision (b) to ensure that the total amount withheld does not exceed the product of both of the following: (1) The then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten for the applicable school district or charter school. (2) The sum of the per average daily attendance rates of all of the following: (A) Subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02. (B) Subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02. (C) Paragraph (2) of subdivision (g) of Section 42238.02. (d) An individual with a substitute permit or teaching permit authorized by the Commission on Teacher Credentialing pursuant to subdivision (m) of Section 44225 or Section 44300 of this code, or Sections 80025, 80025.1, and 80025.2 of Title 5 of the California Code of Regulations, that provides substitute teaching services in a transitional kindergarten classroom, shall not be subject to the requirements of paragraph (4) of subdivision (g) of Section 48000. (Amended by Stats. 2025, Ch. 744, Sec. 8. (SB 147) Effective October 13, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 1. Kindergartens [48000 - 48004] SECTION 48000.15. Source version: id_2fcc9893-5315-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=1. (a) It is the intent of the Legislature that each transitional kindergarten classroom that includes an early enrollment child maintains at least one adult for every 10 pupils, and that credentialed teachers who are first assigned to a transitional kindergarten classroom that includes one or more early enrollment children meet at least one of the requirements specified subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000. (b) For purposes of this section, the following definitions apply: (1) (A) “Active enrollment count” means the count of all pupils enrolled in a transitional kindergarten classroom with early enrollment children on the first day of the school year on which the class was in session, plus all subsequent enrollees, minus all withdrawals since that first day. (B) An active enrollment count shall be made on the last teaching day of each school month that ends before April 15 of the school year. (C) (i) For school districts, the active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who (I) meet the minimum day requirements for independent study and (II) are continually enrolled in independent study for more than 14 schooldays in a school year. (ii) For charter schools, the active enrollment count shall not include pupils enrolled in independent study pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 who are continually enrolled in independent study for more than 14 schooldays on any of the days on which school is taught for the purpose of meeting the 175-instructional-day offering requirement, as described in Section 11960 of Title 5 of the California Code of Regulations. (2) “Adult-to-pupil ratio” shall be the quotient of the active enrollment count divided by the total number of adults, rounded to the nearest half or whole integer. (3) “Class” means a group of pupils scheduled to report regularly at a particular time to a particular teacher during the regular schoolday, as defined by the governing board of the school district or the governing body of the charter school, as applicable, excluding special day classes. Classes in the evening and summer school class shall not be considered classes for purposes of this calculation. (4) “Early enrollment child” means a child whose fourth birthday will be between the third of June and first of September, inclusive, preceding the school year during which they are enrolled in a transitional kindergarten classroom. (5) “Number of adults” shall be determined for each classroom subject to this section as follows: (A) A count of employees of the school district or charter school assigned to each class that includes early enrollment transitional kindergarten pupils shall be made on the last teaching day of each school month that ends before April 15 of the school year. (B) The sum of all of the adult counts pursuant to subparagraph (A) shall be divided by the total number of those counts, rounded to the nearest half or whole integer. (c) (1) Beginning July 1, 2023, and for the 2023–24 and 2024–25 school years, any school district or charter school that offers transitional kindergarten to early enrollment children shall concurrently offer enrollment in a California state preschool program that is operated by the school district or charter school if the school district or charter school operates a California state preschool program and if that program is not fully subscribed, and may, notwithstanding Section 8208, enroll an early enrollment child in a California state preschool program operated by the school district or charter school, regardless of income, after all other eligible children have been enrolled. (2) Notwithstanding any other law, a pupil admitted to a transitional kindergarten program pursuant to this section shall not generate average daily attendance for purposes of Section 46300, or be included in the enrollment or unduplicated pupil count pursuant to Section 42238.02, until the pupil has attained their fifth birthday. (d) Notwithstanding subparagraph (A) of paragraph (2) of subdivision (c) of Section 48000, a school district or charter school may enroll an early enrollment child in a transitional kindergarten program if all of following conditions are met: (1) Any classroom that includes an early enrollment child shall maintain an adult-to-pupil ratio of at least one adult to every 10 pupils. (2) The school district or charter school prioritizes assigning credentialed teachers that meet at least one of the requirements specified in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000 to early enrollment transitional kindergarten classrooms, to the extent possible. (3) Any transitional kindergarten classroom that includes an early enrollment child shall maintain a classroom enrollment that does not exceed 20 pupils. (e) (1) If a school district or charter school fails to comply with the requirements of paragraph (1) or (3) of subdivision (d), the Superintendent shall withhold from the school district’s or charter school’s entitlement computed pursuant to Section 42238.02 an amount pursuant to the following: (A) For school districts and charter schools that fail to meet the adult-to-pupil ratio requirements of paragraph (1) of subdivision (d) for classrooms that include an early enrollment child, the amount shall be determined by multiplying: (i) The number of additional adults needed to meet the requirements of paragraph (1) of subdivision (d), as calculated by dividing the total enrollment pupils in each transitional kindergarten classroom with early enrollment children, by 10, rounded to the nearest half or whole integer, minus the total number of adults assigned to the classroom, as determined pursuant to subparagraph (B) of paragraph (3) of subdivision (b). (ii) Twenty, reduced by the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, as calculated by the department for the prior fiscal year, with the resultant figures and rates rounded to the nearest tenth. (iii) The per average daily attendance rate determined pursuant to paragraph (2) of subdivision (g) of Section 42238.02. (B) For school districts and charter schools that fail to maintain a class enrollment of not more than 20 pupils, as required pursuant to paragraph (3) of subdivision (d), the amount determined by multiplying the then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten classrooms with early enrollment children by the amount specified in subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02, unless the school district or charter school fails to meet the requirements for average class size for kindergarten and grades 1 to 3, inclusive, pursuant to clause (i) of subparagraph (D) of paragraph (3) of subdivision (d) of Section 42238.02. (2) The Superintendent shall adjust an amount withheld pursuant to the requirements of paragraph (1) in order to ensure that the total amount withheld pursuant to paragraph (1) and Section 48000.1 does not exceed the product of both of the following: (A) The then-current fiscal year’s average daily attendance reported for the second principal apportionment period in transitional kindergarten for the applicable school district or charter school. (B) The sum of the per average daily attendance rates of all of the following: (i) Subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02. (ii) Subparagraph (A) of paragraph (3) of subdivision (d) of Section 42238.02. (iii) Paragraph (2) of subdivision (g) of Section 42238.02. (f) For the 2023–24 and 2024–25 school years, any school district or charter school that serves early enrollment children in transitional kindergarten shall report to the department, pursuant to a process determined by the department, the number of teachers in transitional kindergarten classrooms with early enrollment children that did not meet at least one of the requirements specified in subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (g) of Section 48000. The department shall submit a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance by October 1, 2024, and again by October 1, 2025, that includes this information, disaggregated by each school district and charter school. (g) For the 2023–24 and 2024–25 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in paragraphs (1) and (3) of subdivision (d). (h) This section shall become inoperative on July 1, 2025. (Amended by Stats. 2023, Ch. 194, Sec. 13. (SB 141) Effective September 13, 2023. Inoperative July 1, 2025, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 1. Kindergartens [48000 - 48004] SECTION 48002. Source version: id_d699787f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=1. The parent or guardian of a child shall, prior to the admission of the child to the kindergarten or first grade of a school district, present proof to the authorities of the district evidencing that the child is of the minimum age fixed by law for admission thereto. The method of proof of age shall be prescribed by the governing board, and the evidence may be in the form of a certified copy of a birth record or a statement by the local registrar or a county recorder certifying the date of birth, or a baptism certificate duly attested, or a passport, or, when none of the foregoing is obtainable, an affidavit of the parent, guardian, or custodian of the minor, or any other appropriate means of proving the age of the child as prescribed by the governing board of the school district. (Amended by Stats. 1990, Ch. 700, Sec. 1. Effective September 12, 1990.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 1. Kindergartens [48000 - 48004] SECTION 48003. Source version: id_ac391709-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=1. Commencing with the 2015–16 school year, a local educational agency shall provide an annual report to the department that contains information on the type of kindergarten program offered by the local educational agency, including part-day, full-day, or both, in a manner determined by the department. (Amended by Stats. 2015, Ch. 303, Sec. 100. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 1. Kindergartens [48000 - 48004] SECTION 48004. Source version: id_efed2472-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=1. (a) The Legislature finds and declares all of the following: (1) With the expansion of transitional kindergarten, there is an increased need to support our youngest multilingual learners, including pupils whose primary language is a language other than English, pupils who are learning two or more languages at the same time, and pupils who are learning a second language while still developing their first language. (2) The languages and cultures that pupils bring with them are an asset to their learning communities and should be uplifted and celebrated. Research demonstrates the cognitive, economic, and long-term academic benefits of multilingualism and multiliteracy. (3) Early identification of multilingual learners is key in providing early support with evidence-based language development resources and in improving pupil outcomes. However, identification should be done in a developmentally appropriate manner that minimizes the stress placed on young pupils. (4) With the passage of Assembly Bill 2268 of the 2023–24 Regular Session, signed by the Governor on June 14, 2024, the Legislature affirmed its commitment to ensuring all pupils in transitional kindergarten, including young four-year-old children eligible for transitional kindergarten, are not assessed for English language acquisition status with a language proficiency assessment that is not developmentally appropriate. (5) As a result of the passage of Assembly Bill 2268 of the 2023–24 Regular Session, pupils in transitional kindergarten were exempted from the requirement to be administered the English Language Proficiency Assessments for California (ELPAC) in the 2024–25 school year, thereby eliminating the ability of local educational agencies to screen pupils in transitional kindergarten for English language acquisition status. (6) It is the intent of the Legislature to ensure an efficient method of screening pupils in transitional kindergarten for English language acquisition status to determine if they are a multilingual learner and to streamline processes for local educational agencies and staff through the statewide use of a standardized screening instrument that is developmentally appropriate for use with three- and four-year-old children entering transitional kindergarten. (7) It is further the intent of the Legislature that local educational agencies provide language development support to multilingual learners in transitional kindergarten and that local educational agencies and teachers and staff assigned to transitional kindergarten classrooms provide parents or guardians of pupils enrolled in transitional kindergarten with information regarding the benefits of multilingualism. (8) It is further the intent of the Legislature that local educational agencies identify multilingual learners in transitional kindergarten who need language development support by using a screening instrument that meets all requirements of subdivision (d) and a home language survey that complements the screening. (b) (1) (A) By no later than March 31, 2026, the Superintendent shall select, subject to the approval of the executive director of the state board, a list of screening instruments that meet the requirements of subdivision (d) to support the identification of multilingual learners in transitional kindergarten. (B) The Superintendent shall submit recommendations to the executive director of the state board, and the relevant policy and fiscal committees of the Legislature, whether any of the screening instruments chosen pursuant to this section are also developmentally appropriate for identifying dual language learners, who are three through four years old, inclusive, in California state preschool programs. (2) (A) For the 2025–26 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Superintendent for any of the following purposes: (i) To acquire screening instruments selected pursuant to subparagraph (A) of paragraph (1) and any training materials, available for use by, and free of cost to, local educational agencies. (ii) To support field testing of the screening instruments pursuant to paragraph (2) of subdivision (c). (B) Funds appropriated pursuant to paragraph (2) shall be available for expenditure or encumbrance through June 30, 2028. (3) For purposes of this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (c) (1) (A) Commencing with the 2027–28 school year, a local educational agency serving pupils in transitional kindergarten pursuant to Section 48000 shall screen transitional kindergarten pupils whose primary language is a language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, to identify whether they are multilingual learners using a screening instrument selected by the Superintendent pursuant to subparagraph (A) of paragraph (1) of subdivision (b). (B) The department shall provide guidance to local educational agencies on the use of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b). (2) In the 2026–27 school year the Superintendent may select local educational agencies to voluntarily conduct a field test of the screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b). (d) The screening instruments selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall be able to measure the extent to which a pupil enrolled in a transitional kindergarten pursuant to Section 48000 would benefit from additional support in English by screening their English language listening and speaking skills and shall meet all of the following requirements: (1) Have psychometric properties of reliability and validity deemed adequate by technical experts. (2) Be developmentally and age-appropriate for pupils in transitional kindergarten. (3) Be capable of administration to pupils with a primary language other than English. (4) Be capable of administration by classroom teachers or other adults assigned to the classroom. (5) Not discriminate on the basis of race, ethnicity, or gender. (e) Local educational agencies that screen pupils pursuant to this section shall ensure that, based on the responses of a home language survey administered upon a pupil’s enrollment, a pupil is screened within 30 days upon enrollment in a transitional kindergarten program. (f) Results of the screening administered pursuant to this section shall not be used for any of the following: (1) To identify a pupil as an English learner pursuant to Section 306. (2) Any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs. (g) (1) This section does not preclude a local educational agency from administering, based on the responses of a home language survey administered upon a pupil’s enrollment, the English language proficiency assessment pursuant to Sections 313 and 60810 to a pupil in kindergarten or any of grades 1 to 12, inclusive. (2) This section does not change existing law that excludes a pupil enrolled in a transitional kindergarten program pursuant to Section 48000 from being administered an English language proficiency assessment pursuant to Section 313 or 60810. (h) This section does not preclude an educator from providing language development support to pupils in transitional kindergarten based on classroom observations and the educator’s interactions with a pupil. (i) For purposes of this section, the following definitions apply: (1) “English learner” has the same meaning as defined in subdivision (a) of Section 306. (2) “Home language survey” means a survey administered at or before the time of a pupil’s initial enrollment to identify whether the primary or native language of a pupil is a language other than English and may be the same as the survey required pursuant to subdivision (a) of Section 11518.5 of Title 5 of the California Code of Regulations. (3) “Kindergarten” does not include transitional kindergarten, as defined in subdivision (d) of Section 48000. (4) “Local educational agency” means a school district, county office of education, or charter school. (5) “Multilingual learner” is a pupil enrolled in transitional kindergarten pursuant to Section 48000 who has a primary language other than English, as indicated on a home language survey administered upon the pupil’s enrollment, and could benefit from support for their linguistic and developmental needs as determined by a screening instrument selected pursuant to subparagraph (A) of paragraph (1) of subdivision (b). (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to paragraph (2) of subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (k) Notwithstanding any other law, this section shall not be waived by the state board pursuant to Section 33050 or by the Superintendent. (Added by Stats. 2025, Ch. 8, Sec. 42. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 2. Elementary Schools [48010 - 48011] SECTION 48010. Source version: id_e28fc802-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=2. (a) A child shall be admitted to the first grade of an elementary school during the first month of a school year if the child will have his or her sixth birthday on or before one of the following dates: (1) December 2 of the 2011–12 school year. (2) November 1 of the 2012–13 school year. (3) October 1 of the 2013–14 school year. (4) September 1 of the 2014–15 school year and each school year thereafter. (b) For good cause, the governing board of a school district may permit a child of proper age to be admitted to a class after the first school month of the school term. (Amended by Stats. 2010, Ch. 705, Sec. 4. (SB 1381) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 2. Elementary Schools [48010 - 48011] SECTION 48011. Source version: id_d69f931f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=2. A child who, consistent with Section 48000, has been admitted to the kindergarten maintained by a private or a public school in California or any other state, and who has completed one school year therein, shall be admitted to the first grade of an elementary school unless the parent or guardian of the child and the school district agree that the child may continue in kindergarten for not more than an additional school year. A child who has been lawfully admitted to a public school kindergarten or a private school kindergarten in California and who is judged by the administration of the school district, in accordance with rules and regulations adopted by the State Board of Education, to be ready for first-grade work may be admitted to the first grade at the discretion of the school administration of the district and with the consent of the child’s parent or guardian if the child is at least five years of age. When a child has been legally enrolled in a public school of another district within or out of the state, he or she may be admitted to school and placed in the grade of enrollment in the district of former attendance, at the discretion of the school administration of the district entered. (Amended by Stats. 1991, Ch. 221, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 4. High Schools [48031- 48031.] SECTION 48031. Source version: id_d6a119c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=4. Any person who is eligible to attend high school and who does not reside in a high school district or in a unified school district may attend high school in any high school district or unified school district in the county in which he or she resides or in another county. (Amended by Stats. 1994, Ch. 1186, Sec. 19. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 6. Nonresidents [48050 - 48054] SECTION 48050. Source version: id_03e7565a-e418-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=6. (a) The governing board of any school district may, with the approval of the county superintendent of schools, admit to the elementary and high schools of the school district pupils living in an adjoining state that is contiguous to the school district. An agreement shall be entered into between the governing board of the school district in this state and the governing board or authority of the school district in which the pupils from the adjoining state reside providing for the payment by the latter of an amount sufficient to reimburse the school district of attendance for the total cost of educating the pupil, including the total of the amounts expended per pupil for the current expenses of education, the use of buildings and equipment, the repayment of local bonds and interest payments and state building loan funds, capital outlay, and transportation to and from school. The amount of the tuition for the current expenses of education per unit of average daily attendance of pupils from the adjoining state shall equal the average current expenditure, exclusive of all transportation expenditures, per unit of average daily attendance in the school district of attendance. The per pupil cost attributable to capital outlay shall be on the basis of an average expenditure for the preceding five years. The cost of transportation shall not exceed ten dollars ($10) per month. Tuition payments shall be made during the school year with final payment at the end of the school year after all costs have been determined. If the amount paid is more or less than the total cost of education and transportation, adjustment shall be made for the following semester or school year. The attendance of the pupils shall not be included in computing the average daily attendance of the class or school for the purpose of obtaining apportionment of state funds. In lieu of entering an agreement with the governing board or authority of the school district in which the pupil from the adjoining state resides, the governing board of the school district in this state may enter an agreement with the parent or guardian of the pupil on the same terms as is provided in this subdivision. (b) This section is inapplicable to a pupil attending a school in a school district pursuant to Section 48204.4 and the pupil shall be included in computing the average daily attendance of the school for the purpose of obtaining apportionment of state funds. (Amended by Stats. 2017, Ch. 498, Sec. 1. (SB 257) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 6. Nonresidents [48050 - 48054] SECTION 48051. Source version: id_d6a119c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=6. Any person, otherwise eligible for admission to any class or school of a school district of this state, whose parents are or are not citizens of the United States, whose actual and legal residence is in a foreign country adjacent to this state, and who regularly returns within a 24-hour period to said foreign country may be admitted to the class or school of the district by the governing board of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 6. Nonresidents [48050 - 48054] SECTION 48052. Source version: id_16572f9c-e418-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=6. (a) The governing board of the school district shall, as a condition precedent to the admission of any person, under Section 48051, require the parent or guardian of such person to pay to the school district an amount not more than sufficient to reimburse the school district for the total cost of educating the person, including the total of the amounts expended per pupil for the current expenses of education, the use of buildings and equipment, the repayment of local bonds and interest payments and state building loan funds, capital outlay, and transportation to and from school. The per pupil cost attributable to capital outlay shall be on the basis of an average expenditure for the preceding five years. The cost of transportation shall not exceed ten dollars ($10) per month. Tuition payments shall be made in advance for each month or semester during the period of attendance. If the amount paid is more or less than the total cost of education and transportation, adjustment shall be made for the following semester or school year. The attendance of the pupils shall not be included in computing the average daily attendance of the class or school for the purpose of obtaining apportionment of state funds. The school district shall not be eligible for nonimmigrant or noncitizen reimbursement under the provisions of Chapter 11 (commencing with Section 42900) of Part 24 of Division 3 of this title, Article 2 (commencing with Section 56865) of Chapter 6 of Part 30 of this division for these pupils. (b) This section is inapplicable to a pupil attending a school in a school district pursuant to Section 48204.4 and the pupil shall be included in computing the average daily attendance of the school for the purpose of obtaining apportionment of state funds. (Amended by Stats. 2017, Ch. 498, Sec. 2. (SB 257) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 6. Nonresidents [48050 - 48054] SECTION 48053. Source version: id_d6a2a06d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=6. Notwithstanding any other provisions of this code, and except as provided in Section 3074.7 of the Labor Code, no charges or fees of any kind shall be required to be paid by any apprentice, or by his parents or guardian, for admission or attendance in any class in any school district which provides instruction under Section 3074 of the Labor Code in accord with the requirements of subdivision (d) of Section 3078 of that code. (Amended by Stats. 1980, Ch. 750, Sec. 4. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 6. Nonresidents [48050 - 48054] SECTION 48054. Source version: id_d6a2a06f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=6. (a) The Superintendent of Public Instruction shall develop and implement a specific plan to help achieve the objectives contained in the April 17, 1996, Joint Statement between the United States and Japan providing for the educational exchange of high school pupils between the two countries. The plan shall include ways to best utilize the strong cooperative relationship between California and the Osaka Prefecture that was established pursuant to the Cooperation Agreement dated November 15, 1994, between the State of California and the Prefecture of Osaka. (b) It is the intent of the Legislature that the plan be developed and implemented no later than June 1, 1997. (c) The costs of the plan shall be funded through donations from the private sector. No state funds shall be appropriated to the State Department of Education for the purposes of developing and implementing the plan required pursuant to subdivision (a). (Added by Stats. 1996, Ch. 773, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 7. Promotion and Retention [48070 - 48071] SECTION 48070. Source version: id_d6a2a073-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=7. The governing board of each school district and each county superintendent of schools shall adopt policies regarding pupil promotion and retention. A pupil shall be promoted or retained only as provided in the policies adopted pursuant to this article. (Added by Stats. 1983, Ch. 498, Sec. 81. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 7. Promotion and Retention [48070 - 48071] SECTION 48070.5. Source version: id_d6a2a075-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=7. (a) In addition to the policy adopted pursuant to Section 48070, the governing board of each school district and each county board of education shall, in those applicable grade levels, approve a policy regarding the promotion and retention of pupils between the following grades: (1) Between second grade and third grade. (2) Between third grade and fourth grade. (3) Between fourth and fifth grade. (4) Between the end of the intermediate grades and the beginning of middle school grades which typically occurs between sixth grade and seventh grade, but may vary depending upon the grade configuration of the school or school district. (5) Between the end of the middle school grades and the beginning of high school which typically occurs between eighth grade and ninth grade, but may vary depending upon the grade configuration of the school or school district. (b) The policy shall provide for the identification of pupils who should be retained and who are at risk of being retained in their current grade level on the basis of either of the following: (1) The results of the assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 and the minimum levels of proficiency recommended by the State Board of Education pursuant to Section 60648. (2) The pupil’s grades and other indicators of academic achievement designated by the district. (c) The policy shall base the identification of pupils pursuant to subdivision (b) at the grade levels identified pursuant to paragraph (1) and (2) of subdivision (a) primarily on the basis of the pupil’s level of proficiency in reading. The policy shall base the identification of pupils pursuant to subdivision (b) at the grade levels identified pursuant to paragraphs (3) through (5) of subdivision (a) on the basis of the pupil’s level of proficiency in reading, English language arts, and mathematics. (d) (1) If either measure identified in paragraph (1) or (2) of subdivision (b) identifies that a pupil is performing below the minimum standard for promotion, the pupil shall be retained in his or her current grade level unless the pupil’s regular classroom teacher determines in writing that retention is not the appropriate intervention for the pupil’s academic deficiencies. This written determination shall specify the reasons that retention is not appropriate for the pupil and shall include recommendations for interventions other than retention that in the opinion of the teacher are necessary to assist the pupil to attain acceptable levels of academic achievement. If the teacher’s recommendation to promote is contingent upon the pupil’s participation in a summer school or interim session remediation program, the pupil’s academic performance shall be reassessed at the end of the remediation program, and the decision to retain or promote the pupil shall be reevaluated at that time. The teacher’s evaluation shall be provided to and discussed with the pupil’s parent or guardian and the school principal before any final determination of pupil retention or promotion. (2) If the pupil does not have a single regular classroom teacher, the policy adopted by the school district shall specify the teacher or teachers responsible for the promotion or retention decision. (e) The policy shall provide for parental notification when a pupil is identified as being at risk of retention. This notice shall be provided as early in the school year as practicable. The policy shall provide a pupil’s parent or guardian the opportunity to consult with the teacher or teachers responsible for the decision to promote or retain the pupil. (f) The policy shall provide a process whereby the decision of the teacher to retain or promote a pupil may be appealed. If an appeal is made, the burden shall be on the appealing party to show why the decision of the teacher should be overruled. (g) The policy shall provide that pupils who are at-risk of being retained in their current grade be identified as early in the school year, and as early in their school careers, as practicable. (h) The policy shall indicate the manner in which opportunities for remedial instruction will be provided to pupils who are recommended for retention or who are identified as being at risk for retention. (i) The policy adopted pursuant to this section shall be adopted at a public meeting of the governing board of the school district. (j) Nothing in this section shall be construed to prohibit the retention of a pupil not included in grade levels identified pursuant to subdivision (a), or for reasons other than those specified in subdivision (b), if such retention is determined to be appropriate for that pupil. Nothing in this section shall be construed to prohibit a governing board from adopting promotion and retention policies that exceed the criteria established in this section. (Added by Stats. 1998, Ch. 742, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 7. Promotion and Retention [48070 - 48071] SECTION 48070.6. Source version: id_2868e34e-e418-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=7. (a) On or before August 1, 2011, and annually thereafter, utilizing data produced by the California Longitudinal Pupil Achievement Data System pursuant to Section 60900 and other available data, the Superintendent shall submit to the Governor, the Legislature, and the state board a report that shall be called the Annual Report on Dropouts in California. The report shall include, but not be limited to, all of the following: (1) One-year dropout rates for each of grades 7 to 12, inclusive. (2) Four-year cohort dropout rates for grades 9 to 12, inclusive. (3) Two- or three-year cohort dropout rates, as appropriate, for middle schools. (4) Grade 9 to grade 10 promotion rates. (5) Percentage of high school pupils for each of grades 9 to 12, inclusive, who are on track to earn sufficient credits to graduate. (6) The average number of nonpromotional school moves that pupils make between grades 6 to 12, inclusive. (7) “Full-year” dropout rates for alternative schools, including dropout recovery high schools, calculated using a methodology developed by the Superintendent to appropriately reflect dropout rates in each type of alternative school. (8) An explanation of the methodology or methodologies used to calculate “full-year” dropout rates for alternative schools pursuant to paragraph (7). (9) Other available data relating to dropout or graduation rates or pupil progress toward high school graduation. (b) When cohort dropout rates can be calculated accurately using longitudinal data, the rates described in paragraph (3) of subdivision (a) shall be replaced by dropout rates for cohorts of pupils entering middle school. (c) When data is available, the report shall also include all of the following: (1) Rates at which pupils graduate in four, five, and six years, pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 52052. (2) Percentage of high school graduates and dropouts who completed courses that are certified by the University of California as meeting admission requirement criteria for the University of California and California State University systems. (3) Percentage of high school graduates and dropouts who completed two or more classes in career technical education. (4) Percentage of high school graduates and dropouts who completed both course sequences described in paragraphs (2) and (3). (5) Behavioral data by school and school district, including suspensions and expulsions. (6) Truancy rates. (7) GED earning rates. (8) Chronic absentee rates, as defined in Section 60901. (d) If possible, the data listed in subdivisions (a) and (b) shall be presented in the report, organized as follows: (1) By state. (2) By county. (3) By school district, both including and excluding charter schools. (4) By school. (e) The report shall include data from alternative middle and high schools, including continuation high schools, community day schools, juvenile court schools, special schools, opportunity schools, and schools attended by wards of the Department of Corrections and Rehabilitation, Division of Juvenile Justice. (f) The report may include relevant data on school climate and pupil engagement from the California Healthy Kids Survey. (g) If possible, the data listed in subdivisions (a) and (b) shall be presented for the following subgroups, if the subgroup consists of at least 50 pupils, and the subgroup constitutes at least 15 percent of the total population of pupils at a school: (1) Grade level. (2) Ethnicity. (3) Gender. (4) Low socioeconomic status. (5) English learners. (6) Special education status. (h) The first Annual Report on Dropouts in California shall include data from the most recent year. Subsequent annual reports shall include data from the most recent year and, at a minimum, the two prior years, so that comparisons can be made easily. (i) The Superintendent or his or her designee shall make an oral presentation of the contents of the report to the state board at a regularly scheduled meeting of the state board. (j) The Superintendent shall make the contents of the report available on the department’s Internet Web site in a format that is easy for the public to access and understand. (k) If inclusion of school-level data would render the written report unwieldy, the data may be omitted from the written report and posted on the department’s Internet Web site. (l) It is the intent of the Legislature that the report prepared by the Superintendent be usable by schools, school districts, policymakers, researchers, parents, and the public, for purposes of identifying and understanding trends, causal relations, early warning indicators, and potential points of intervention to address the high rate of dropouts in California. (m) For purposes of this section, dropouts shall be defined using the exit/withdrawal codes developed by the department. (n) For purposes of this section, “dropout recovery high school” has the same meaning as defined in subparagraph (D) of paragraph (4) of subdivision (a) of Section 52052. (Amended by Stats. 2017, Ch. 641, Sec. 7. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 1. Admission [48000 - 48071] ARTICLE 7. Promotion and Retention [48070 - 48071] SECTION 48071. Source version: id_e58f3f87-de67-11eb-8614-c762768b4f1e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=1.&article=7. (a) For purposes of this section, the following definitions apply: (1) (A) Except as provided in subparagraph (B), “eligible pupil” means either of the following: (1) (A) Except as provided in subparagraph (B), “eligible pupil” means a pupil who has received deficient grades for at least one-half of the pupil’s coursework in the 2020–21 academic year. For purposes of this paragraph, a deficient grade is a D, F, a No Pass, or an equivalent as determined by the local educational agency. (B) A pupil enrolled in grade 12 during the 2020–21 school year shall not be eligible for retention under this section. (2) “Local educational agency” means a school district, county office of education, or charter school. (3) “Parent” means the natural or adoptive parent or guardian, the person having legal custody, or other educational rights holder. (b) (1) Notwithstanding any other law, a local educational agency shall implement this section and shall permit an eligible pupil for whom a decision to retain is made by the local educational agency to be retained in the pupil’s 2020–21 grade level for the 2021–22 academic year. (2) The requirements of this section are supplemental to, and do not replace, any existing retention policy, which shall continue to remain operative for all school years. (c) A local educational agency, upon receiving a written request from the parent of an eligible pupil to retain the pupil for the 2021–22 school year, shall offer the parent a consultation with the parent, the pupil, the administrator, and a teacher. A consultation shall occur within 30 calendar days of receiving the written request for a consultation and shall include all of the following: (1) Discussion of all available learning recovery options, including both of the following: (A) Specific interventions and supports pursuant to Part 24.6 (commencing with Section 43520) of Division 3. (B) Access to prior semester courses in which the pupil received a D or F letter grade in the 2020–21 academic year, some other form of credit recovery, or other support pursuant to Section 51225. (2) Consideration of the pupil’s academic data and any other information relevant to whether retention is in the pupil’s best interests, academically and socially. (3) Discussion about research on the effects of pupil retention and the types of interventions and supports that have been shown to be beneficial to pupils. (d) A local educational agency shall ensure that a retention decision is consistent with an eligible pupil’s individualized education program. (e) A local educational agency shall notify a parent with the final determination of the local educational agency’s decision regarding the pupil’s retention within 10 calendar days of the consultation described in subdivision (c). (f) A pupil retained pursuant to this section shall also be offered supplemental interventions and supports pursuant to Part 24.6 (commencing with Section 43520) of Division 3. (g) A pupil who is not retained pursuant to this section shall be offered both of the following: (1) Specific interventions and support pursuant to Part 24.6 (commencing with Section 43520) of Division 3. (2) Access to prior semester courses in which the pupil received a D or F letter grade in the 2020–21 academic year, some other form of credit recovery, or other supports pursuant to Section 51225. (Added by Stats. 2021, Ch. 41, Sec. 1. (AB 104) Effective July 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 10. Educational Counseling [49600 - 49604] SECTION 49600. Source version: id_a622a284-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=10.&article= (a) The governing board of a school district may, and is urged to, provide access to a comprehensive educational counseling program for all pupils enrolled in the school district. It is the intent of the Legislature that a school district that provides educational counseling to its pupils implement a structured and coherent counseling program within a Multi-Tiered Systems of Support framework. (b) For purposes of this section, “educational counseling” means specialized services provided by a school counselor possessing a valid credential with a specialization in pupil personnel services who directly counsels pupils and implements equitable school programs and services that support pupils in their academic development, social emotional development, and college and career readiness. (c) It is the intent of the Legislature that school counselors do all of the following: (1) Engage with, advocate for, and provide both of the following services for all pupils: (A) Direct services, including, but not limited to, individual counseling, group counseling, risk assessment, crisis response, and instructional services, including, but not limited to, mental health, behavioral, academic, and postsecondary educational services. (B) Indirect services, including, but not limited to, positive school climate strategies, teacher and parent consultations, and referrals to public and private community services. (2) Plan, implement, and evaluate comprehensive school counseling programs. (3) Work within multi-tiered systems of support that use multiple data sources to monitor and improve pupil behavior, attendance, engagement, and achievement. (4) Develop, coordinate, and supervise comprehensive pupil support systems in collaboration with teachers, administrators, other pupil personnel services professionals, families, community partners, and community agencies, including county mental health agencies. (5) Promote and maintain a safe learning environment for all pupils by providing restorative practices, positive behavior interventions, and support services, and by developing and responding with a variety of intervention strategies to meet individual, group, and school community needs before, during, and after crisis response. (6) Intervene to ameliorate school-related problems, including problems related to chronic absences and retention. (7) Use research-based strategies to promote mental wellness, reduce mental health stigma, and identify characteristics, risk factors, and warning signs of pupils who develop, or are at risk of developing, mental health and behavioral disorders and who experience, or are at risk of experiencing, mistreatment, including mistreatment related to any form of conflict or bullying. (8) Improve school climate and pupil well-being by, including, but not limited to, addressing the mental and behavioral health needs of pupils during their times of transition, separation, heightened stress, and critical changes, and accessing community programs and services to meet those needs. (9) Enhance pupils’ social and emotional competence, character, health, civic engagement, cultural literacy, and commitment to lifelong learning and the pursuit of high-quality educational programs. (10) Provide counseling services for unduplicated pupils who are classified as English learners, eligible for free or reduced-price meals, or foster youth in a manner that promotes equity and access to appropriate education systems and public and private services. (11) Engage in continued development as a professional school counselor. (d) Educational counseling shall include academic counseling and postsecondary services, in the following areas: (1) Development and implementation, with parental involvement, of the pupil’s immediate and long-range educational plans. (2) Optimizing progress towards achievement of proficiency standards and competencies. (3) Completion of the required curriculum in accordance with the pupil’s needs, abilities, interests, and aptitudes. (4) Academic planning for access and success in higher education programs, including advisement on courses needed for admission to colleges and universities, standardized admissions tests, and financial aid. (5) Provide high-quality career programs at all grade levels for pupils, in which pupils are assisted in doing all of the following: (A) Planning for the future, including, but not limited to, identifying personal interests, skills, and abilities, career planning, course selection, and career transition. (B) Becoming aware of personal preferences and interests that influence educational and occupational exploration, career choice, and career success. (C) Developing work self-efficacy for the ever-changing work environment, the changing needs of the workforce, and the effects of work on the quality of life. (D) Understanding the relationship between academic achievement and career success, and the importance of maximizing career options. (E) Understanding the value of participating in career technical education pathways, programs, and certifications, including, but not limited to, those related to regional occupational programs and centers, the federal program administered by the United States Department of Labor offering free education and vocational training to pupils, known as “Job Corps,” the California Conservation Corps, work-based learning, industry certifications, college preparation and credit, and employment opportunities. (F) Understanding the need to develop essential employable skills and work habits. (G) Understanding entrance requirements to the Armed Forces of the United States, including the benefits of the Armed Services Vocational Aptitude Battery (ASVAB) test. (e) Educational counseling may also include counseling in any of the following: (1) Individualized review of the academic and deportment records of a pupil. (2) Advising pupils, in consultation with their parents and legal guardians when at all possible, who are at risk of not promoting or graduating with the rest of their class. (3) Developing a list of coursework and experience necessary to assist each pupil in middle school to successfully transition to high school and meet all graduation requirements. (4) In schools that enroll pupils in grades 6 to 12, inclusive, developing a list of coursework and experience necessary to assist and counsel each pupil to begin to satisfy the A–G requirements for admission to the University of California and the California State University and encourage participation in college preparation programs, including, but not limited to, the Advancement Via Individual Determination (AVID) program, and early college, dual enrollment, advanced placement, and international baccalaureate programs. (5) Developing pupil knowledge of financial aid planning for postsecondary education by providing pupils with financial aid information, including, but not limited to, information on the Free Application for Federal Student Aid (FAFSA), the California Dream Act application (CADAA), the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3, local and national scholarship programs, financial aid programs and resources for foster and homeless youth, fee waiver programs, and other financial aid programs and options, and net college cost. (6) Providing a copy of the lists developed pursuant to paragraph (4) to a pupil and the pupil’s parent or legal guardian, ensuring that the list of coursework and experience is part of the pupil’s cumulative record. (7) Developing a list of coursework and experience for a pupil enrolled in grade 12, including options for continuing the pupil’s education if the pupil fails to meet graduation requirements. These options shall include, but are not limited to, all of the following: (A) Enrolling in an adult education program. (B) Enrolling in a community college. (C) Continuing enrollment in the pupil’s current school district. (8) Providing a copy of the list of coursework and experiences developed pursuant to paragraph (7) to the pupil and the pupil’s parent or legal guardian, ensuring that the list of coursework and experience is part of the cumulative records of a pupil. (9) Offering and scheduling an individual conference with each pupil in grades 10 and 12 who has not satisfied, or is not on track to satisfy, the curricular requirements for admission to the University of California and the California State University and to successfully transition to postsecondary education or employment, and providing the following information to the pupil and the pupil’s parent or legal guardian: (A) The score of the pupil on the English language arts or mathematics portion of the California Assessment of Student Performance and Progress, established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33, administered in grade 6, as applicable. (B) The availability of financial aid for postsecondary education. (10) Providing mental and behavioral health services to which pupils receive prevention, early intervention, and short-term counseling services and receive classroom instruction in mental health to reduce stigma and increase awareness of counseling support services. (11) Providing training to school staff to recognize mental health warning signs. (f) This section does not prohibit persons participating in an organized advisory program approved by the governing board of a school district, and supervised by a school district counselor, from advising pupils pursuant to the organized advisory program. (Amended by Stats. 2022, Ch. 153, Sec. 1. (AB 2508) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 10. Educational Counseling [49600 - 49604] SECTION 49601. Source version: id_d77273e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=10.&article= (a) The State Department of Education shall, no later than December 31, 1986, develop a career guidance model for science and technology for use in school district counseling programs, and shall make the model available to the governing boards of all school districts in this state. (b) The model shall be designed to provide information for use in career guidance offered to pupils in grades 7 through 12, regarding the potential for employment, educational requirements, and other matters pertaining to careers in the fields of science and technology. The purposes of the model shall be to objectively acquaint pupils with the option of pursuing careers in those fields, and to advise them in a timely manner of the preparation necessary to undertaking those careers. (c) In developing the model, the State Department of Education shall employ materials and other resources that are available from public and private organizations, to the extent appropriate for the purposes of this section. (Added by Stats. 1987, Ch. 1452, Sec. 426.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 10. Educational Counseling [49600 - 49604] SECTION 49602. Source version: id_d773fa8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=10.&article= Any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential. Any information of a personal nature disclosed to a school counselor by a parent or guardian of a pupil who is 12 years of age or older and who is in the process of receiving counseling from a school counselor as specified in Section 49600 is confidential. The information shall not become part of the pupil record, as defined in subdivision (b) of Section 49061, without the written consent of the person who disclosed the confidential information. The information shall not be revealed, released, discussed, or referred to, except as follows: (a) Discussion with psychotherapists as defined by Section 1010 of the Evidence Code, other health care providers, or the school nurse, for the sole purpose of referring the pupil for treatment. (b) Reporting of child abuse or neglect as required by Article 2.5 (commencing with Section 11165) of Chapter 2 of Title 1 of Part 4 of the Penal Code. (c) Reporting information to the principal or parents of the pupil when the school counselor has reasonable cause to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the pupil or the following other persons living in the school community: administrators, teachers, school staff, parents, pupils, and other school community members. (d) Reporting information to the principal, other persons inside the school, as necessary, the parents of the pupil, and other persons outside the school when the pupil indicates that a crime, involving the likelihood of personal injury or significant or substantial property losses, will be or has been committed. (e) Reporting information to one or more persons specified in a written waiver after this written waiver of confidence is read and signed by the pupil and preserved in the pupil’s file. Notwithstanding the provisions of this section, a school counselor shall not disclose information deemed to be confidential pursuant to this section to the parents of the pupil when the school counselor has reasonable cause to believe that the disclosure would result in a clear and present danger to the health, safety, or welfare of the pupil. Notwithstanding the provisions of this section, a school counselor shall disclose information deemed to be confidential pursuant to this section to law enforcement agencies when ordered to do so by order of a court of law, to aid in the investigation of a crime, or when ordered to testify in any administrative or judicial proceeding. Nothing in this section shall be deemed to limit access to pupil records as provided in Section 49076. Nothing in this section shall be deemed to limit the counselor from conferring with other school staff, as appropriate, regarding modification of the pupil’s academic program. It is the intent of the Legislature that counselors use the privilege of confidentiality under this section to assist the pupil whenever possible to communicate more effectively with parents, school staff, and others. No person required by this section to keep information discussed during counseling confidential shall incur any civil or criminal liability as a result of keeping that information confidential. As used in this section, “information of a personal nature” does not include routine objective information related to academic and career counseling. (Added by Stats. 1987, Ch. 1452, Sec. 426.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 10. Educational Counseling [49600 - 49604] SECTION 49603. Source version: id_1291f4dd-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=10.&article= (a) Each school district, county office of education, and charter school offering instruction in any of grades 9 to 12, inclusive, that provides on-campus access to employers, shall not prohibit access to the military services. (b) “Military services,” for purposes of this section, includes the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Coast Guard, the United States Space Force, or any reserve component of those federal forces, the National Guard, the State Guard, and the active militia. (Amended by Stats. 2023, Ch. 142, Sec. 1. (AB 1605) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 10. Educational Counseling [49600 - 49604] SECTION 49604. Source version: id_d775812f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=10.&article= The Superintendent of Public Instruction shall send a notice to each middle school, junior high school, and high school that encourages each school to provide suicide prevention training to each school counselor at least one time while employed as a counselor, provides information on the availability of the suicide prevention training curriculum developed by the State Department of Education, and informs schools about the suicide prevention training provided by the department and describes how a school might retain those services. (Added by Stats. 1992, Ch. 545, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 11. Interstate Compact on Educational Opportunity for Military Children [49700 - 49703] SECTION 49700. Source version: id_e6a71deb-f53f-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=11.&article= The Legislature finds and declares that the purpose of the Interstate Compact on Educational Opportunity for Military Children is to remove barriers to educational success imposed on children of military families due to the frequent moves and deployment of their parents by doing all of the following: (a) Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of educational records from the previous school district or variations in entrance or age requirements. (b) Facilitating the pupil placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment. (c) Facilitating the qualification and eligibility of children of military families for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities. (d) Facilitating the on-time graduation of children of military families. (e) Providing for the promulgation and enforcement of administrative rules implementing the provisions of the compact. (f) Providing for the uniform collection and sharing of information between and among member states, schools, and military families pursuant to the compact. (g) Promoting coordination between the compact and other compacts affecting military children. (h) Promoting flexibility and cooperation between the educational system, parents, and the pupil in order to achieve educational success for the pupil. (Added by Stats. 2009, Ch. 237, Sec. 1. (AB 343) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 11. Interstate Compact on Educational Opportunity for Military Children [49700 - 49703] SECTION 49700.5. Source version: id_e6a7931d-f53f-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=11.&article= The Legislature of the State of California hereby ratifies the Interstate Compact on Educational Opportunity for Military Children as set forth in Section 49701. (Added by Stats. 2009, Ch. 237, Sec. 1. (AB 343) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 11. Interstate Compact on Educational Opportunity for Military Children [49700 - 49703] SECTION 49701. Source version: id_15ae9e2f-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=11.&article= The provisions of the Interstate Compact on Educational Opportunity for Military Children are as follows: Article I.Purpose It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: (A) Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements. (B) Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment. (C) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities. (D) Facilitating the on-time graduation of children of military families. (E) Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact. (F) Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact. (G) Promoting coordination between this compact and other compacts affecting military children. (H) Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student. Article II.Definitions As used in this compact, unless the context clearly requires a different construction: (A) “Active duty” means: full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211. (B) “Children of military families” means: a school-aged child or children, enrolled in Kindergarten through Twelfth (12th) grade, in the household of an active duty member. (C) “Compact commissioner” means: the voting representative of each compacting state appointed pursuant to Article VIII of this compact. (D) “Deployment” means: the period one (1) month prior to the service members’ departure from their home station on military orders though six (6) months after return to their home station. (E) “Educational records” means: those official records, files, and data directly related to a student and maintained by the school or local education agency, including, but not limited to, records encompassing all the material kept in the student’s cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols, and individualized education programs. (F) “Extracurricular activities” means: a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. (G) “Interstate Commission on Educational Opportunity for Military Children” means: the commission that is created under Article IX of this compact, which is generally referred to as Interstate Commission. (H) “Local education agency” means: a public authority legally constituted by the state as an administrative agency to provide control of and direction for Kindergarten through Twelfth (12th) grade public educational institutions. (I) “Member state” means: a state that has enacted this compact. (J) “Military installation” means: a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. (K) “Non-member state” means: a state that has not enacted this compact. (L) “Receiving state” means: the state to which a child of a military family is sent, brought, or caused to be sent or brought. (M) “Rule” means: a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule. (N) “Sending state” means: the state from which a child of a military family is sent, brought, or caused to be sent or brought. (O) “State” means: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. Territory. (P) “Student” means: the child of a military family for whom the local education agency receives public funding and who is formally enrolled in Kindergarten through Twelfth (12th) grade. (Q) “Transition” means: 1) the formal and physical process of transferring from school to school or 2) the period of time in which a student moves from one school in the sending state to another school in the receiving state. (R) “Uniformed service(s)” means: the U.S. Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration and the U.S. Public Health Services. (S) “Veteran” means: a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable. Article III.Applicability (A) Except as otherwise provided in Section B, this compact shall apply to the children of: (1) Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Military Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211; (2) Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one (1) year after medical discharge or retirement; and (3) Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one (1) year after death. (B) The provisions of this interstate compact shall only apply to local education agencies as defined in this compact. (C) The provisions of this compact shall not apply to the children of: (1) Inactive members of the National Guard and Military Reserve; (2) Members of the uniformed services now retired, except as provided in Section A; (3) Veterans of the uniformed services, except as provided in Section A; and (4) Other U.S. Dept. of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services. Article IV.Educational Records and Enrollment (A) Unofficial or “hand-carried” education records – In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission to the extent feasible. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. (B) Official education records/transcripts – Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten (10) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission to the extent practicable in each case. (C) Immunizations – Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunization(s) required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty (30) days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. (D) Kindergarten and First (1st) grade entrance age – Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including Kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on his or her validated level from an accredited school in the sending state. Article V.Placement and Attendance (A) Course placement – When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and/or educational assessments conducted at the school in the sending state if the courses are offered and there is space available, as determined by the school district. Course placement includes, but is not limited to, Honors, International Baccalaureate, Advanced Placement, vocational, technical and career pathways courses. Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course(s). (B) Educational program placement – The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation/placement in like programs in the sending state, provided that the program exists in the school and there is space available, as determined by the school district. Such programs include, but are not limited to: 1) gifted and talented programs; and 2) English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. (C) Special education services – 1) In compliance with the federal requirements of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C.A. Section 1400 et seq., the receiving state shall initially provide comparable services to a student with disabilities based on his/her current Individualized Education Program (IEP); and 2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing Section 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. (D) Placement flexibility – Local education agency administrative officials shall have flexibility in waiving course/program prerequisites, or other preconditions for placement in courses/programs offered under the jurisdiction of the local education agency. (E) Absence as related to deployment activities – A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian. Article VI.Eligibility (A) Eligibility for enrollment (1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. (2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. (3) A transitioning military child, placed in the care of a noncustodial parent or other person standing in loco parentis, who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent. (B) Eligibility for extracurricular participation – State and local education agencies shall facilitate the opportunity for transitioning military children’s inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified and space is available, as determined by the school district. Article VII.Graduation In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures: (A) Waiver requirements – Local education agency administrative officials shall use best efforts to waive specific courses required for graduation if similar coursework has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall use best efforts to provide an alternative means of acquiring required coursework so that graduation may occur on time. (B) Exit exams – States shall accept: 1) exit or end-of-course exams required for graduation from the sending state; or 2) national norm-referenced achievement tests; or 3) alternative testing, in lieu of testing requirements for graduation in the receiving state; or 4) in California, the passage of the exit examination adopted pursuant to Section 60850 is required for the student to graduate if the diploma is to be issued by a California public school, as long as it is a requirement in California. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her Senior year, then the provisions of Section C of this Article shall apply. (C) Transfers during Senior year – Should a military student transferring at the beginning or during his or her Senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall make best efforts to ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with Sections A and B of this Article. Article VIII.State Coordination (A) (1) Each member state shall, through the creation of a State Council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies and military installations concerning the state’s participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own State Council, its membership must include at least: the state superintendent of education, superintendent of a school district with a high concentration of military children, representative from a military installation, one representative each from the legislative and executive branches of government, and other offices and stakeholder groups the State Council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the State Council. (2) In California, members of the State Council shall include all of the following: (a) The State Superintendent of Public Instruction or his or her designee. (b) A school district superintendent or his or her designee from a school district with a high concentration of military children, selected by the State Superintendent of Public Instruction. (c) A representative from a military installation. (d) A member of the Senate appointed by the Senate Committee on Rules, or his or her designee, who represents a legislative district with a high concentration of military children. (e) A member of the Assembly appointed by the Speaker of the Assembly, or his or her designee, who represents a legislative district with a high concentration of military children. (f) The President of the State Board of Education or his or her designee. (g) Any other persons appointed by the State Superintendent of Public Instruction. (B) The State Council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. (C) (1) The compact commissioner responsible for the administration and management of the state’s participation in the compact shall be appointed by the Governor or as otherwise determined by each member state. (2) In California, the State Superintendent of Public Instruction shall appoint the compact commissioner. (D) The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the State Council, unless either is already a full voting member of the State Council. Article IX.Interstate Commission on Educational Opportunity for Military Children The member states hereby create the “Interstate Commission on Educational Opportunity for Military Children.” The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall: (A) Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact. (B) Consist of one Interstate Commission voting representative from each member state, who shall be that state’s compact commissioner. (1) Each member state represented at a meeting of the Interstate Commission is entitled to one vote. (2) A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. (3) A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or State Council may delegate voting authority to another person from their state for a specified meeting. (4) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication. (C) Consist of ex-officio, nonvoting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the U.S. Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel and other interstate compacts affecting the education of children of military members. (D) Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings. (E) Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The U.S. Dept. of Defense shall serve as an ex-officio, nonvoting member of the executive committee. (F) Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. (G) Public notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to: (1) Relate solely to the Interstate Commission’s internal personnel practices and procedures; (2) Disclose matters specifically exempted from disclosure by federal and state statute; (3) Disclose trade secrets or commercial or financial information which is privileged or confidential; (4) Involve accusing a person of a crime, or formally censuring a person; (5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (6) Disclose investigative records compiled for law enforcement purposes; or (7) Specifically relate to the Interstate Commission’s participation in a civil action or other legal proceeding. (H) For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission. (I) The Interstate Commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules. (J) The Interstate Commission shall create a process that permits military officials, education officials and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state. Article X.Powers and Duties of the Interstate Commission The Interstate Commission shall have the following powers: (A) To provide for dispute resolution among member states. (B) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as specifically set forth in Articles IV, V, VI, and VII of this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact. (C) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions. (D) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process. (E) To establish and maintain offices which shall be located within one or more of the member states. (F) To purchase and maintain insurance and bonds. (G) To borrow, accept, hire, or contract for services of personnel. (H) To establish and appoint committees including, but not limited to, an executive committee as required by Article IX, Section E, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder. (I) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications, and to establish the Interstate Commission’s personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel. (J) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it. (K) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed. (L) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed. (M) To establish a budget and make expenditures. (N) To adopt a seal and bylaws governing the management and operation of the Interstate Commission. (O) To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission. (P) To coordinate education, training, and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity. (Q) To establish uniform standards for the reporting, collecting, and exchanging of data. (R) To maintain corporate books and records in accordance with the bylaws. (S) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact. (T) To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact. Article XI.Organization and Operation of the Interstate Commission (A) The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: (1) Establishing the fiscal year of the Interstate Commission; (2) Establishing an executive committee, and such other committees as may be necessary; (3) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; (4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; (5) Establishing the titles and responsibilities of the officers and staff of the Interstate Commission; (6) Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations. (7) Providing “start up” rules for initial administration of the compact. (B) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission. (C) Executive Committee, Officers and Personnel (1) The executive committee shall have such authority and duties as may be set forth in the bylaws, including, but not limited to: (a) Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; (b) Overseeing an organizational structure within, and appropriate procedures for the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and (c) Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the Interstate Commission. (2) The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission. (D) The Interstate Commission’s executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. (1) The liability of the Interstate Commission’s executive director and employees or Interstate Commission representatives, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. (2) The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. (3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. Article XII.Rulemaking Functions of the Interstate Commission (A) Rulemaking Authority – The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact, as specifically set forth in Articles IV, V, VI, and VII. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the specific matters set forth in Articles IV, V, VI, and VII of this Act, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect. (B) Rulemaking Procedure – Rules shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act,” of 1981, Uniform Laws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission. (C) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission’s authority. (D) If a majority of the legislatures of the compacting states rejects a Rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state. Article XIII.Oversight, Enforcement, and Dispute Resolution (A) Oversight (1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact, and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission. (3) The Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact or promulgated rules. (B) Default, Technical Assistance, Suspension and Termination – If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall: (1) Provide written notice, to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default. (2) Provide remedial training and specific technical assistance regarding the default. (3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default. (4) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states. (5) The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination. (6) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state. (7) The defaulting state may appeal the action of the Interstate Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (C) Dispute Resolution (1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states. (2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. (D) Enforcement (1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact or its promulgated rules and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (3) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession. Article XIV.Financing of the Interstate Commission (A) The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. (B) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. (C) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state. (D) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. Article XV.Member, States, Effective Date and Amendment (A) Any state is eligible to become a member state. (B) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten (10) of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states. (C) The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. Article XVI.Withdrawal and Dissolution (A) Withdrawal (1) Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (2) Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other member jurisdiction. (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt thereof. (4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal. (5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission. (B) Dissolution of Compact (1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one (1) member state. (2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. Article XVII.Severability and Construction (A) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (B) The provisions of this compact shall be liberally construed to effectuate its purposes. (C) Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. Article XVIII.Binding Effect of Compact and Other Laws (A) Other Laws (1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact. (2) All member states’ laws conflicting with this compact are superseded to the extent of the conflict. (B) Binding Effect of the Compact (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. (2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms. (3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Amended by Stats. 2023, Ch. 142, Sec. 2. (AB 1605) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 11. Interstate Compact on Educational Opportunity for Military Children [49700 - 49703] SECTION 49702. Source version: id_e6ad5f81-f53f-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=11.&article= Notwithstanding any other provision of law, the Superintendent may accept nonstate funding to offset the cost of the annual assessment required by Section (B) of Article XIV of the Interstate Compact on Educational Opportunity for Military Children. These moneys shall be available, upon appropriation by the Legislature, for that purpose. (Added by Stats. 2009, Ch. 237, Sec. 1. (AB 343) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 11. Interstate Compact on Educational Opportunity for Military Children [49700 - 49703] SECTION 49703. Source version: id_e6ad8693-f53f-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=11.&article= The Superintendent may develop procedures for the training of employees of local educational agencies in the implementation of the Interstate Compact on Educational Opportunity for Military Children as part of the process developed pursuant to Article 4.5 (commencing with Section 51250) of Chapter 2 of Part 28. (Added by Stats. 2009, Ch. 237, Sec. 1. (AB 343) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48200. Source version: id_d6a5adbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. Each person between the ages of 6 and 18 years not exempted under the provisions of this chapter or Chapter 3 (commencing with Section 48400) is subject to compulsory full-time education. Each person subject to compulsory full-time education and each person subject to compulsory continuation education not exempted under the provisions of Chapter 3 (commencing with Section 48400) shall attend the public full-time day school or continuation school or classes and for the full time designated as the length of the schoolday by the governing board of the school district in which the residency of either the parent or legal guardian is located and each parent, guardian, or other person having control or charge of the pupil shall send the pupil to the public full-time day school or continuation school or classes and for the full time designated as the length of the schoolday by the governing board of the school district in which the residence of either the parent or legal guardian is located. Unless otherwise provided for in this code, a pupil shall not be enrolled for less than the minimum schoolday established by law. (Amended by Stats. 1987, Ch. 1452, Sec. 411.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48200.5. Source version: id_d6a5adbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. Notwithstanding Section 48200, any resident of the City of Carson who is the parent or legal guardian of a person subject to compulsory education may enroll that person in either the school district in which the residency of the parent or guardian is located or in the Los Angeles Unified School District pursuant to the terms of an agreement permitting those transfers that is mutually adopted by the Compton Unified School District and the Los Angeles Unified School District. (Added by Stats. 1995, Ch. 323, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48201. Source version: id_d6a73463-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) Except for pupils exempt from compulsory school attendance under Section 48231, any parent, guardian, or other person having control or charge of any minor between the ages of 6 and 16 years who removes the minor from any city, city and county, or school district before the completion of the current school term, shall enroll the minor in a public full-time day school of the city, city and county, or school district to which the minor is removed. (b) (1) Upon a pupil’s transfer from one school district to another, the school district into which the pupil is transferring shall request that the school district in which the pupil was last enrolled provide any records that the district maintains in its ordinary course of business or receives from a law enforcement agency regarding acts committed by the transferring pupil that resulted in the pupil’s suspension from school or expulsion from the school district. Upon receipt of this information, the receiving school district shall inform any teacher of the pupil that the pupil was suspended from school or expelled from the school district and shall inform the teacher of the act that resulted in that action. (2) A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this subdivision unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false or the information was provided with a reckless disregard for its truth or falsity. (3) Any information received by a teacher pursuant to this subdivision shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher. (Amended by Stats. 2000, Ch. 345, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48202. Source version: id_d6a73465-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. The county board of education of each county may establish, by resolution, the following regulation requiring the reporting of various types of severance of attendance of or by any pupil subject to the compulsory education laws of California or of any one or more of the types of severance enumerated in subdivision (a) below and may require such reporting of any or all of the private and public schools of the county: (a) The administration of each private school and public school district of the county shall, upon the severance of attendance by any pupil subject to the compulsory education laws of California, whether by expulsion, exclusion, exemption, transfer, suspension beyond 10 schooldays, or other reasons, report such severance to the county superintendent of schools in the jurisdiction. The report shall include names, ages, last known address and the reason for each such severance. (b) It shall be the duty of the county superintendent of such county to examine such reports and draw to the attention of the county board of education and local district board of education any cases in which the interests of the child or the welfare of the state may need further examination. (c) After preliminary study of available information in cases so referred to it, the county board of education may, on its own action, hold hearings on such cases in the manner provided in Sections 48915 through 48920 and with the same powers of final decision as therein provided. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48203. Source version: id_78c43196-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) The superintendent of a school district and the principal of a private school in each county shall, upon the severance of attendance or the denial of admission of any child who is an individual with exceptional needs, as that term is defined in Section 56026, or who is a qualified handicapped person, as that term is defined in regulations promulgated by the United States Department of Education pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), but who is otherwise subject to the compulsory education laws of California, report the severance, expulsion, exclusion, exemption, transfer, or suspension beyond 10 schooldays to the county superintendent of schools. The report shall include names, ages, last known address, and the reason for the severance, expulsion, exclusion, exemption, transfer, or suspension. (b) It is the duty of the county superintendent to examine those reports and draw to the attention of the county board of education and governing board of a school district any cases in which the interests of the child or the welfare of the state may need further examination. (c) After a preliminary study of available information in cases referred to it, the county board of education may, on its own action, hold hearings on those cases in the manner provided in Section 48914 and with the same powers of final decision as therein provided. (Amended by Stats. 2006, Ch. 59, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48204. Source version: id_3abcd020-e418-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district if he or she is any of the following: (1) (A) A pupil placed within the boundaries of that school district in a regularly established licensed children’s institution or a licensed foster home as defined in Section 56155.5, or a family home pursuant to a commitment or placement under Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (B) An agency placing a pupil in a home or institution described in subparagraph (A) shall provide evidence to the school that the placement or commitment is pursuant to law. (2) A pupil who is a foster child who remains in his or her school of origin pursuant to subdivisions (f) and (g) of Section 48853.5. (3) A pupil for whom interdistrict attendance has been approved pursuant to Chapter 5 (commencing with Section 46600) of Part 26. (4) A pupil whose residence is located within the boundaries of that school district and whose parent or legal guardian is relieved of responsibility, control, and authority through emancipation. (5) A pupil who lives in the home of a caregiving adult that is located within the boundaries of that school district. Execution of an affidavit under penalty of perjury pursuant to Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code by the caregiving adult is a sufficient basis for a determination that the pupil lives in the home of the caregiver, unless the school district determines from actual facts that the pupil is not living in the home of the caregiver. (6) A pupil residing in a state hospital located within the boundaries of that school district. (7) A pupil whose parent or legal guardian resides outside of the boundaries of that school district but is employed and lives with the pupil at the place of his or her employment within the boundaries of the school district for a minimum of three days during the school week. (b) (1) A school district may deem a pupil to have complied with the residency requirements for school attendance in the school district if at least one parent or the legal guardian of the pupil is physically employed within the boundaries of that school district for a minimum of 10 hours during the school week. (2) This subdivision does not require the school district within which at least one parent or the legal guardian of a pupil is employed to admit the pupil to its schools. A school district shall not, however, refuse to admit a pupil under this subdivision on the basis, except as expressly provided in this subdivision, of race, ethnicity, sex, parental income, scholastic achievement, or any other arbitrary consideration. (3) The school district in which the residency of either the parents or the legal guardian of the pupil is established, or the school district to which the pupil is to be transferred under this subdivision, may prohibit the transfer of the pupil under this subdivision if the governing board of the school district determines that the transfer would negatively impact the court-ordered or voluntary desegregation plan of the school district. (4) The school district to which the pupil is to be transferred under this subdivision may prohibit the transfer of the pupil if the school district determines that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. (5) The governing board of a school district that prohibits the transfer of a pupil pursuant to paragraph (2), (3), or (4) is encouraged to identify, and communicate in writing to the parents or the legal guardian of the pupil, the specific reasons for that determination and is encouraged to ensure that the determination, and the specific reasons for the determination, are accurately recorded in the minutes of the board meeting in which the determination was made. (6) The average daily attendance for pupils admitted pursuant to this subdivision is calculated pursuant to Section 46607. (7) Unless approved by the sending school district, this subdivision does not authorize a net transfer of pupils out of a school district, calculated as the difference between the number of pupils exiting the school district and the number of pupils entering the school district, in a fiscal year in excess of the following amounts: (A) For a school district with an average daily attendance for that fiscal year of less than 501 pupils, 5 percent of the average daily attendance of the school district. (B) For a school district with an average daily attendance for that fiscal year of 501 pupils or more, but less than 2,501 pupils, 3 percent of the average daily attendance of the school district or 25 pupils, whichever amount is greater. (C) For a school district with an average daily attendance of 2,501 pupils or more, 1 percent of the average daily attendance of the school district or 75 pupils, whichever amount is greater. (8) Once a pupil is deemed to have complied with the residency requirements for school attendance pursuant to this subdivision and is enrolled in a school in a school district the boundaries of which include the location where at least one parent or the legal guardian of a pupil is physically employed, the pupil does not have to reapply in the next school year to attend a school within that school district and the governing board of the school district shall allow the pupil to attend school through grade 12 in that school district if the parent or legal guardian so chooses and if at least one parent or the legal guardian of the pupil continues to be physically employed by an employer situated within the attendance boundaries of the school district, subject to paragraphs (2) to (7), inclusive. (Amended by Stats. 2017, Ch. 561, Sec. 37. (AB 1516) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48204.1. Source version: id_79dc49b6-47ec-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) A school district shall accept from the parent or legal guardian of a pupil reasonable evidence that the pupil meets the residency requirements for school attendance in the school district as set forth in Sections 48200 and 48204. Reasonable evidence of residency for a pupil living with his or her parent or legal guardian shall be established by documentation showing the name and address of the parent or legal guardian within the school district, including, but not limited to, any of the following documentation: (1) Property tax payment receipts. (2) Rental property contract, lease, or payment receipts. (3) Utility service contract, statement, or payment receipts. (4) Pay stubs. (5) Voter registration. (6) Correspondence from a government agency. (7) Declaration of residency executed by the parent or legal guardian of a pupil. (b) Nothing in this section shall be construed to require a parent or legal guardian of a pupil to show all of the items of documentation listed in paragraphs (1) to (7), inclusive, of subdivision (a). (c) If an employee of a school district reasonably believes that the parent or legal guardian of a pupil has provided false or unreliable evidence of residency, the school district may make reasonable efforts to determine that the pupil actually meets the residency requirements set forth in Sections 48200 and 48204. (d) Nothing in this section shall be construed as limiting access to pupil enrollment in a school district as otherwise provided by federal and state statutes and regulations. This includes immediate enrollment and attendance guaranteed to a homeless child or youth, as defined in Section 11434a(2) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2) et seq.), without any proof of residency or other documentation. (e) Consistent with Section 11432(g) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), proof of residency of a parent within a school district shall not be required for an unaccompanied youth, as defined in Section 11434a(6) of Title 42 of the United States Code. A school district shall accept a declaration of residency executed by the unaccompanied youth in lieu of a declaration of residency executed by his or her parent or legal guardian. (Amended by Stats. 2012, Ch. 162, Sec. 33. (SB 1171) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48204.2. Source version: id_094d74fc-ca34-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) If a school district elects to undertake an investigation pursuant to subdivision (c) of Section 48204.1, the governing board of the school district shall adopt a policy regarding the investigation of a pupil to determine whether the pupil meets the residency requirements for school attendance in the school district before investigating any pupils. (b) The policy shall do all of the following: (1) Identify the circumstances upon which the school district may initiate an investigation, which shall, at a minimum, require the school district employee to be able to identify specific, articulable facts supporting the belief that the parent or legal guardian of the pupil has provided false or unreliable evidence of residency. (2) (A) Describe the investigatory methods that may be used by the school district in the conduct of the investigation, including whether the school district will be employing the services of a private investigator. (B) Before hiring a private investigator, the policy shall require the school district to make reasonable efforts to determine whether the pupil resides in the school district. (3) Prohibit the surreptitious photographing or video-recording of pupils who are being investigated. For purposes of this paragraph, “surreptitious photographing or video-recording” means the covert collection of photographic or videographic images of persons or places subject to an investigation. For purposes of this paragraph, the collection of images is not covert if the technology is used in open and public view. (4) Require that employees and contractors of the school district engaged in the investigation identify themselves truthfully as such to individuals contacted or interviewed during the course of the investigation. (5) Require a school district to specify the basis for a determination of nonresidency of a pupil, and provide a process to appeal that determination. If an appeal is made, the burden shall be on the appealing party to show why the decision of the school district should be overruled. (c) The policy required pursuant to this section shall be adopted at a public meeting of the governing board of the school district. (Amended by Stats. 2016, Ch. 86, Sec. 65. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48204.3. Source version: id_57650770-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) For purposes of this section, the following definitions apply: (1) “Active military duty” means full-time military duty status in the active uniformed service of the United States, including members of the California National Guard and the State Guard on active duty orders pursuant to Title 10 or 32 of the United States Code or Part 1 (commencing with Section 100) of Division 2 of the Military and Veterans Code. (2) “Military installation” means a base, camp, post, station, yard, center, home port facility for any ship, or other activity under the jurisdiction of the United States Department of Defense or the United States Coast Guard. (3) “Parent” means the natural or adoptive parent or guardian of a dependent child. (b) (1) Notwithstanding Section 48200, a pupil complies with the residency requirements for school attendance in a school district, if the pupil is a pupil whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order. (2) For purposes of paragraph (1), “pupil” includes a pupil eligible for services or accommodations pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as applicable. (c) A school district shall accept applications by electronic means for enrollment, including enrollment in a specific school or program within the school district, and course registration for pupils described in subdivision (b). (d) (1) The parent shall provide proof of residence in the school district within 10 days after the published arrival date provided on official documentation. (2) For purposes of paragraph (1), a parent may use any of the following addresses as related to their military move: (A) A temporary on-base billeting facility. (B) A purchased or leased home or apartment. (C) Federal government or public-private venture off-base military housing. (e) Upon notification that a pupil enrolling pursuant to this section is receiving, or may be eligible to receive, services or accommodations pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), or the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as applicable, the school district shall promptly coordinate with the pupil’s parents and previous school pursuant to Section 56325 to ensure the timely exchange of records and to reduce any delays in the pupil receiving comparable services or accommodations from the school district, including, but not limited to, implementation of their individualized education program, individualized family service plan, or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), as applicable. (Amended by Stats. 2025, Ch. 453, Sec. 1. (AB 1412) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48204.4. Source version: id_774f0eff-fcda-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) A pupil complies with the residency requirements for school attendance in a school district if he or she is a pupil whose parent or parents were residents of this state and departed California against their will, as defined in subdivision (d), and, if the pupil seeks admission to a school of the school district, shall be admitted by the governing board of the school district regardless of his or her current residency, if that pupil meets both of the following requirements: (1) The pupil has a parent or guardian who departed California against his or her will, as defined in subdivision (d). The pupil shall provide official documentation evidencing the departure of his or her parent or guardian. (2) The pupil moved outside of California as a result of his or her parent or guardian departing California against his or her will, as defined in subdivision (d), and the pupil lived in California immediately before moving outside of California. The pupil shall provide information and evidence demonstrating that the pupil was enrolled in a public school in California immediately before moving outside of California. (b) The parent or guardian of a pupil subject to subdivision (a) may designate an adult to attend school meetings and serve as an emergency contact. (c) Charges or fees of any kind shall not be required to be paid by a pupil, or by his or her parents or guardian, for admission or attendance in a school of a school district that provides instruction in accord with the requirements of this section. (d) (1) For purposes of this section, a person has “departed California against his or her will” if any of the following circumstances apply: (A) The person was in custody of a government agency and was transferred to another state. (B) The person was subject to a lawful order from a court or government agency that authorized the person’s removal from California. (C) The person was subject to a lawful order pursuant to subparagraph (B) and was permitted to depart California before being removed from California pursuant to the lawful order. (D) The person was removed or is permitted to depart voluntarily pursuant to the federal Immigration and Nationality Act (8 U.S.C. Sec. 1229c). (2) A school district may determine additional circumstances that are consistent with the purposes of this section. (Amended by Stats. 2018, Ch. 92, Sec. 54. (SB 1289) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48204.5. Source version: id_d6a8bb0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) The Legislature finds that school districts that are adjacent to the international border, because of their geographic position, face unique circumstances in conducting the verification of a pupil’s residency. (b) The Legislature declares that international border school districts may need to employ certain efforts to verify residency. (Added by Stats. 1995, Ch. 309, Sec. 1. Effective August 3, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48204.6. Source version: id_eb7e7535-fcba-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, a school district, or a charter school. (2) “Pupil who is a child of a military family” means a pupil who meets the definition of “children of military families” in Section 49701. (3) “School of origin” means the school in which the pupil is enrolled at the time that a change in residence occurs. (b) Notwithstanding Section 48200, the local educational agency serving a pupil who is a child of a military family shall do either of the following: (1) Allow the pupil to continue his or her education in the school of origin, regardless of any change of residence of the military family during that school year, for the duration of the pupil’s status as a child of a military family. (2) For a pupil whose status changes due to the end of military service of his or her parent during a school year, comply with either of the following, as applicable: (A) If the pupil is enrolled in kindergarten or any of grades 1 to 8, inclusive, allow the pupil to continue his or her education in the school of origin through the duration of that academic school year. (B) If the child is enrolled in high school, allow the pupil to continue his or her education in the school of origin through graduation. (c) To ensure that the pupil who is a child of a military family has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, the following apply: (1) If the pupil who is a child of a military family is transitioning between school grade levels, the local educational agency shall allow the pupil who is a child of a military family to continue in the school district of origin in the same attendance area. (2) If the pupil who is a child of a military family is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the local educational agency shall allow the pupil who is a child of a military family to continue to the school designated for matriculation in that school district. (3) The new school shall immediately enroll the pupil who is a child of a military family even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms. (d) Unless otherwise required by federal law, this section does not require a local educational agency to provide transportation services to allow a pupil subject to paragraph (1) or (2) of subdivision (b) or subdivision (c) to attend a school pursuant to this section. (Added by Stats. 2018, Ch. 327, Sec. 1. (AB 2949) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48204.7. Source version: id_1f8507ab-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, or charter school. (2) “Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” in Section 54441. (3) “School of origin” means the school in which the pupil is enrolled at the time that a change in residence occurs. (b) Notwithstanding Section 48200, the local educational agency serving a pupil who is a migratory child shall do either of the following: (1) Allow the pupil to continue their education in the school of origin, regardless of any change of residence of the migratory child during that school year, for the duration of the pupil’s status as a pupil who is a migratory child. (2) For a pupil whose status changes as a pupil who is a migratory child during a school year, comply with either of the following, as applicable: (A) If the pupil is enrolled in kindergarten or any of grades 1 to 8, inclusive, allow the pupil to continue their education in the school of origin through the duration of that academic school year. (B) If the child is enrolled in high school, allow the pupil to continue their education in the school of origin through graduation. (c) To ensure that a pupil who is a migratory child has the benefit of matriculating with their peers in accordance with the established feeder patterns of school districts, the following apply: (1) If the pupil who is a migratory child is transitioning between school grade levels, the local educational agency shall allow the pupil who is a migratory child to continue in the school district of origin in the same attendance area. (2) If the pupil who is a migratory child is transitioning to a middle school or high school and the school designated for matriculation is in another school district, the local educational agency shall allow the pupil who is a migratory child to continue to the school designated for matriculation in that school district. (3) The new school shall immediately enroll the pupil who is a migratory child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms. (d) Unless otherwise required by federal law, this section does not require a local educational agency to provide transportation services to allow a pupil subject to paragraph (1) or (2) of subdivision (b) or subdivision (c) to attend a school pursuant to this section. (e) This section does not require a local educational agency to provide a pupil who is a migratory child with a program with online instruction as a substitute for physical attendance. (f) A local educational agency shall inform a pupil who is a migratory child and that pupil’s parent or guardian of the impact of remaining in the school of origin on the eligibility of that pupil to receive migrant education services, as described in Article 3 (commencing with Section 54440) of Chapter 4 of Part 29. (Added by Stats. 2019, Ch. 458, Sec. 1. (AB 1319) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48205. Source version: id_026bf1f8-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is: (1) Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health. (2) Due to quarantine under the direction of a county or city health officer. (3) For purposes of having medical, dental, optometrical, or chiropractic services rendered. (4) For purposes of attending the funeral services or grieving the death of either a member of the pupil’s immediate family, or of a person that is determined by the pupil’s parent or guardian to be in such close association with the pupil as to be considered the pupil’s immediate family, so long as the absence is not more than five days per incident. (5) For purposes of jury duty in the manner provided for by law. (6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor. (7) For justifiable personal reasons, including, but not limited to, an attendance or appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district. (8) For purposes of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code. (9) For purposes of spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district. (10) For purposes of attending the pupil’s naturalization ceremony to become a United States citizen. (11) For purposes of participating in a cultural ceremony or event. (12) (A) For purposes of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school ahead of the absence. (B) (i) A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year. (ii) A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260. (13) (A) For any of the purposes described in clauses (i) to (iii), inclusive, if an immediate family member of the pupil, or a person that is determined by the pupil’s parent or guardian to be in such close association with the pupil as to be considered the pupil’s immediate family, has died, so long as the absence is not more than three days per incident. (i) To access services from a victim services organization or agency. (ii) To access grief support services. (iii) To participate in safety planning or to take other actions to increase the safety of the pupil or an immediate family member of the pupil, or a person that is determined by the pupil’s parent or guardian to be in such close association with the pupil as to be considered the pupil’s immediate family, including, but not limited to, temporary or permanent relocation. (B) Any absences beyond three days for the reasons described in subparagraph (A) shall be subject to the discretion of the school administrator, or their designee, pursuant to Section 48260. (14) Due to the pupil’s participation in military entrance processing. (15) Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260. (b) A pupil absent from school pursuant to this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit for those assignments and tests. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. (c) For purposes of this section, attendance at religious retreats shall not exceed one schoolday per semester. (d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments. (e) For purposes of this section, the following definitions apply: (1) A “civic or political event” includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls. (2) “Cultural” means relating to the practices, habits, beliefs, and traditions of a certain group of people. (3) “Immediate family” means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil. (4) “Victim services organization or agency” has the same meaning as defined in subdivision (j) of Section 12945.8 of the Government Code. (Amended by Stats. 2024, Ch. 967, Sec. 2.3. (AB 2499) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48206.3. Source version: id_c1e6f9b3-fcda-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) A pupil with a temporary disability that makes attendance in the regular day classes or alternative education program in which the pupil is enrolled impossible or inadvisable shall receive either individual instruction at home provided by the school district in which the pupil is deemed to reside, or individual instruction in a hospital or other residential health facility, excluding state hospitals, provided by the school district in which the hospital or other residential health facility is located. (b) For purposes of this section and Sections 48207, 48207.3, 48207.5, and 48208, the following terms have the following meanings: (1) “Individual instruction” means instruction provided to an individual pupil in the pupil’s home, in a hospital or other residential health facility, excluding state hospitals, or under other circumstances prescribed by regulations adopted for that purpose by the state board. (2) “Temporary disability” means a physical, mental, or emotional disability incurred while a pupil is enrolled in regular day classes or an alternative education program, and after which the pupil can reasonably be expected to return to regular day classes or the alternative education program. A temporary disability shall not include a disability for which a pupil is identified as an individual with exceptional needs pursuant to Section 56026. (c) (1) For purposes of computing average daily attendance pursuant to Section 42238.05, each clock hour of teaching time devoted to individual instruction shall count as one day of attendance. (2) No pupil shall be credited with more than five days of attendance per calendar week, or more than the total number of calendar days that regular classes are maintained by the school district in any fiscal year. (d) Notice of the availability of individual instruction shall be given pursuant to Section 48980, and shall include information regarding a pupil’s eligibility for, and the duration of, individual instruction. (e) Nothing in this section shall be construed to limit any rights accruing to a pupil with a temporary disability who is also identified as an individual with exceptional needs, as defined in Section 56026. (Amended by Stats. 2018, Ch. 167, Sec. 1. (AB 2109) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48207. Source version: id_fb04b5c5-fcda-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) Notwithstanding Section 48200, a pupil with a temporary disability, who is in a hospital or other residential health facility, excluding a state hospital, located outside of the school district in which the pupil’s parent or guardian resides, shall be deemed to have complied with the residency requirements for school attendance in the school district in which the hospital is located. (b) Notwithstanding any other law, a school district or charter school may continue to enroll a pupil with a temporary disability who is receiving individual instruction in a hospital or other residential health facility in order to facilitate the timely reentry of the pupil in his or her prior school after the hospitalization has ended, or in order to provide a partial week of instruction to a pupil who is receiving individual instruction in a hospital or other residential health facility, for fewer than five days of instruction per week, or the equivalent, as described in subdivision (c) of Section 48206.3. (c) (1) A pupil with a temporary disability who remains enrolled in a school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district of residence or charter school for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is in attendance in that school district or charter school. (2) A pupil with a temporary disability who remains enrolled in a school district of residence or a charter school pursuant to subdivision (b) while also receiving individual instruction in a hospital or other residential health facility may only be counted by the school district in which the hospital or other residential health facility is located for purposes of computing average daily attendance pursuant to Section 42238.05 for days on which the pupil is receiving individual instruction in a hospital or other residential health facility. (d) The total attendance counted for purposes of computing average daily attendance pursuant to Section 42238.05 for a pupil with a temporary disability, including days of attendance in a hospital or other residential health facility, shall not exceed five days per week, or the equivalent, as described in subdivision (c) of Section 48206.3. (Amended by Stats. 2018, Ch. 167, Sec. 3. (AB 2109) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48207.3. Source version: id_2a85dd47-fcbb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) A pupil receiving individual instruction who is well enough to return to a school shall be allowed to return to the school, including a charter school, that he or she attended immediately before receiving individual instruction, if the pupil returns during the school year in which the individual instruction was initiated. (b) A pupil who attends a school operated by a school district or a charter school, who is subsequently enrolled in individual instruction in a hospital or other residential health facility for a partial week, shall be entitled to attend school in his or her school district of residence, or receive individual instruction provided by the school district of residence in the pupil’s home, on days in which he or she is not receiving individual instruction in a hospital or other residential health facility, if he or she is well enough to do so. (Added by Stats. 2018, Ch. 167, Sec. 4. (AB 2109) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48207.5. Source version: id_681c2929-fcbb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. Individual instruction in a pupil’s home pursuant to Section 48206.3 shall commence no later than five working days after a school district has determined that the pupil shall receive this instruction. (Added by Stats. 2018, Ch. 167, Sec. 5. (AB 2109) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 1. Persons Included [48200 - 48208] SECTION 48208. Source version: id_344207c7-fcdb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=1. (a) It shall be the primary responsibility of the parent or guardian of a pupil with a temporary disability to notify the school district in which the pupil is deemed to reside pursuant to Section 48207 of the pupil’s presence in a qualifying hospital. (b) Upon receipt of notification pursuant to subdivision (a), a school district shall do all of the following: (1) Within five working days of receipt of the notification, determine whether the pupil will be able to receive individual instruction, and, if the determination is positive, when the individual instruction may commence. Individual instruction shall commence no later than five working days after a positive determination has been rendered. (2) Provide the pupil with individual instruction pursuant to Section 48206.3. The school district may enter into an agreement with the school district in which the pupil previously attended regular day classes or an alternative education program to have the school district the pupil previously attended provide the pupil with individual instruction pursuant to Section 48206.3. (3) Within five working days of the commencement of individual instruction, provide the school district in which the pupil previously attended regular day classes or an alternative education program with written notice that the pupil shall not be counted by that school district for purposes of computing average daily attendance pursuant to Section 42238.05, effective the date on which individual instruction commenced, except as provided in Section 48207. (Amended by Stats. 2018, Ch. 167, Sec. 6. (AB 2109) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48350. Source version: id_ad1fa7a5-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. This article shall be known, and may be cited, as the Open Enrollment Act. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48351. Source version: id_ad1fa7a7-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. The purpose of this article is to improve pupil achievement, in accordance with the regulations and guidelines for the federal Race to the Top Fund, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and to enhance parental choice in education by providing additional options to pupils to enroll in public schools throughout the state without regard to the residence of their parents. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48352. Source version: id_ad1fceb9-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. For purposes of this article, the following definitions apply: (a) “Low-achieving school” means any school identified by the Superintendent pursuant to the following: (1) Excluding the schools, and taking into account the impact of the criteria in paragraph (2), the Superintendent annually shall create a list of 1,000 schools ranked by increasing API with the same ratio of elementary, middle, and high schools as existed in decile 1 in the 2008–09 school year. (2) In constructing the list of 1,000 schools each year, the Superintendent shall ensure each of the following: (A) A local educational agency shall not have more than 10 percent of its schools on the list. However, if the number of schools in a local educational agency is not evenly divisible by 10, the Superintendent shall round up to the next whole number of schools. (B) Court, community, or community day schools shall not be included on the list. (C) Charter schools shall not be included on the list. (b) “Parent” means the natural or adoptive parent or guardian of a dependent child. (c) “School district of enrollment” means a school district other than the school district in which the parent of a pupil resides, but in which the parent of the pupil nevertheless intends to enroll the pupil pursuant to this article. (d) “School district of residence” means a school district in which the parent of a pupil resides and in which the pupil would otherwise be required to enroll pursuant to Section 48200. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48353. Source version: id_ad2043eb-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. The state board shall adopt emergency regulations to implement this article. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48354. Source version: id_ad2043ed-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. (a) The parent of a pupil enrolled in a low-achieving school may submit an application for the pupil to attend a school in a school district of enrollment pursuant to this article. (b) (1) Consistent with the requirements of Section 1116(b)(1)(E) of the federal Elementary and Secondary Education Act of 2001 (20 U.S.C. Sec. 6301 et seq.), on or before the first day of the school year, or, if later, on the date the notice of program improvement, corrective action, or restructuring status is required to be provided under federal law the district of residence shall provide the parents and guardians of all pupils enrolled in a school determined in subdivision (a) of Section 48352 with notice of the option to transfer to another public school served by the school district of residence or another school district. (2) An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of enrollment prior to January 1 of the school year preceding the school year for which the pupil is requesting to transfer. The school district of enrollment may waive the deadline specified in this paragraph. (3) The application deadline specified in paragraph (2) does not apply to an application requesting a transfer if the parent, with whom the pupil resides, is enlisted in the military and was relocated by the military within 90 days prior to submitting the application. (4) The application may request enrollment of the pupil in a specific school or program within the school district of enrollment. (5) A pupil may enroll in a school in the school district of enrollment in the school year immediately following the approval of his or her application. (6) In order to provide priority enrollment opportunities for pupils residing in the school district, a school district of enrollment shall establish a period of time for resident pupil enrollment prior to accepting transfer applications pursuant to this article. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48355. Source version: id_ad20920f-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. (a) The school district of residence of a pupil or a school district of enrollment to which a pupil has applied to attend may prohibit the transfer of the pupil pursuant to this article or limit the number of pupils who transfer pursuant to this article if the governing board of the district determines that the transfer would negatively impact either of the following: (1) A court-ordered or voluntary desegregation plan of the district. (2) The racial and ethnic balance of the district, provided that any policy adopted pursuant to this paragraph is consistent with federal and state law. (b) A school district of residence shall not adopt any other policies that in any way prevent or discourage pupils from applying for a transfer to a school district of enrollment. (c) Communications to parents or guardians by districts regarding the open enrollment options provided by this article shall be factually accurate and not target individual parents or guardians or residential neighborhoods on the basis of a child’s actual or perceived academic or athletic performance or any other personal characteristic. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48356. Source version: id_ad20e031-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. (a) A school district of enrollment may adopt specific, written standards for acceptance and rejection of applications pursuant to this article. The standards may include consideration of the capacity of a program, class, grade level, school building, or adverse financial impact. Subject to subdivision (b), and except as necessary in accordance with Section 48355, the standards shall not include consideration of a pupil’s previous academic achievement, physical condition, proficiency in the English language, family income, or any of the individual characteristics set forth in Section 200. (b) In considering an application pursuant to this article, a nonresident school district may apply its usual requirements for admission to a magnet school or a program designed to serve gifted and talented pupils. (c) Subject to the rules and standards that apply to pupils who reside in the school district of enrollment, a resident pupil who is enrolled in one of the district’s schools pursuant to this article shall not be required to submit an application in order to remain enrolled. (d) A school district of enrollment shall ensure that pupils enrolled pursuant to standards adopted pursuant to this section are enrolled in a school with a higher Academic Performance Index than the school in which the pupil was previously enrolled and are selected through a random, unbiased process that prohibits an evaluation of whether or not the pupil should be enrolled based on his or her individual academic or athletic performance, or any of the other characteristics set forth in subdivision (a), except that pupils applying for a transfer pursuant to this article shall be assigned priority for approval as follows: (1) First priority for the siblings of children who already attend the desired school. (2) Second priority for pupils transferring from a program improvement school ranked in decile 1 on the Academic Performance Index determined pursuant to subdivision (a) of Section 48352. (3) If the number of pupils who request a particular school exceeds the number of spaces available at that school, a lottery shall be conducted in the group priority order identified in paragraphs (1) and (2) to select pupils at random until all of the available spaces are filled. (e) The initial application of a pupil for transfer to a school within a school district of enrollment shall not be approved if the transfer would require the displacement from the desired school of any other pupil who resides within the attendance area of that school or is currently enrolled in that school. (f) A pupil approved for a transfer to a school district of enrollment pursuant to this article shall be deemed to have fulfilled the requirements of Section 48204. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48357. Source version: id_ad215563-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. Within 60 days of receiving an application pursuant to Section 48354, a school district of enrollment shall notify the applicant parent and the school district of residence in writing whether the application has been accepted or rejected. If an application is rejected, the school district of enrollment shall state in the notification the reasons for the rejection. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48358. Source version: id_ad215565-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. A school district of enrollment that enrolls a pupil pursuant to this article shall accept credits toward graduation that were awarded to the pupil by another school district and shall graduate the pupil if the pupil meets the graduation requirements of the school district of enrollment. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48359. Source version: id_ad217c77-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. (a) Each school district is encouraged to keep an accounting of all requests made for alternative attendance pursuant to this article and records of all disposition of those requests that may include, but are not limited to, all of the following: (1) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records may indicate the reasons for the denials. (2) The number of pupils who transfer out of the district. (3) The number of pupils who transfer into the district. (4) The race, ethnicity, gender, self-reported socioeconomic status, and the school district of residence of each of the pupils described in paragraphs (2) and (3). (5) The number of pupils described in paragraphs (2) and (3) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026. (b) The information maintained pursuant to subdivision (a) may be reported to the governing board of the school district at a regularly scheduled meeting of the governing board. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48359.5. Source version: id_ecb57e26-8164-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. (a) For a school district of enrollment that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this article shall be 70 percent of the school district local control funding formula base grant that would have been apportioned to the school district of residence pursuant to subdivision (d) of Section 42238.02. Apportionment of these funds shall begin in the second consecutive year of enrollment, and continue annually until the pupil graduates from, or is no longer enrolled in, the school district of enrollment. (b) Notwithstanding subdivision (a), until the Superintendent determines that the school district of residence is funded pursuant to Section 42238.02, the Superintendent shall apportion, for average daily attendance pursuant to this article, the lesser of the amount calculated pursuant to subdivision (a) or 70 percent of the sum of the entitlements for the school district of residence for the specified fiscal year as computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, divided by the average daily attendance pursuant to this article for that fiscal year and then multiplied by the ratio of local control funding formula base grant funding computed pursuant to subdivision (d) of Section 42238.02 to the local control funding formula amount for the fiscal year computed pursuant to Section 42238.02. (c) If the entitlements for the school district of residence computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), and paragraph (3) of subdivision (b), of Section 42238.03, include funding calculated pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3 for a fiscal year, subdivision (b) shall not apply and the apportionment of state funds for the average daily attendance credited pursuant to this section for that fiscal year shall be calculated pursuant to subdivision (a). (d) For purposes of this section, “basic aid school district” means a school district that does not receive an apportionment of state funds as described in subdivision (o) of Section 42238.02 for a fiscal year in which this section may apply. (Amended by Stats. 2018, Ch. 32, Sec. 48. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48360. Source version: id_ad21f1ab-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. (a) From federal funds appropriated for this purpose, the Superintendent shall contract for an independent evaluation of the open enrollment program operated pursuant to this article. The evaluation shall, at a minimum, consider all of the following: (1) The levels of, and changes in, academic achievement of pupils in school districts of residence and school districts of enrollment for pupils who do and do not elect to enroll in a school district of enrollment. (2) Fiscal and programmatic effects on school districts of residence and school districts of enrollment. (3) Numbers and demographic and socioeconomic characteristics of pupils who do and do not elect to enroll in a school district of enrollment. (b) The Superintendent shall provide a final evaluation report to the Legislature, Governor, and state board on or before October 1, 2014. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 10. Open Enrollment Act [48350 - 48361] SECTION 48361. Source version: id_ad2218bd-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=10. No exercise of discretion by a district of enrollment in its administration of this article shall be overturned absent a finding as designated by a court of competent jurisdiction that the district governing board acted in an arbitrary and capricious manner. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 1. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 2. Persons Excluded [48210 - 48216] SECTION 48210. Source version: id_d6aa41bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=2. Children under six years of age are excluded from the public schools, except as provided in this code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 2. Persons Excluded [48210 - 48216] SECTION 48213. Source version: id_0fa14ce8-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=2. If a pupil is excluded from attendance pursuant to Section 120230 of the Health and Safety Code or Section 49451 of this code, or if a principal or his or her designee determines that the continued presence of the child would constitute a clear and present danger to the life, safety, or health of a pupil or school personnel, the governing board is not required to send prior notice of the exclusion to the parent or guardian of the pupil. The governing board shall send a notice of the exclusion as soon as is reasonably possible after the exclusion. (Repealed and added by Stats. 2005, Ch. 677, Sec. 31. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 2. Persons Excluded [48210 - 48216] SECTION 48216. Source version: id_d6abc867-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=2. (a) The county office of education or the governing board of the school district of attendance shall exclude any pupil who has not been immunized properly pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code. (b) The governing board of the district shall notify the parent or guardian of the pupil that they have two weeks to supply evidence either that the pupil has been properly immunized, or that the pupil is exempted from the immunization requirement pursuant to Section 120365 or 120370 of the Health and Safety Code. (c) The governing board of the district, in the notice, shall refer the parent or guardian of the pupil to the pupil’s usual source of medical care to obtain the immunization, or if no usual source exists, either refer the parent or guardian to the county health department, or notify the parent or guardian that the immunizations will be administered at a school of the district. (Added by renumbering Section 46010.5 by Stats. 1997, Ch. 855, Sec. 10. Effective January 1, 1998. Operative July 1, 1998, by Sec. 12 of Ch. 855.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48220. Source version: id_d6abc86b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. The classes of children described in this article, shall be exempted by the proper school authorities from the requirements of attendance upon a public full-time day school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48222. Source version: id_d6ad4f0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. Children who are being instructed in a private full-time day school by persons capable of teaching shall be exempted. Such school shall, except under the circumstances described in Section 30, be taught in the English language and shall offer instruction in the several branches of study required to be taught in the public schools of the state. The attendance of the pupils shall be kept by private school authorities in a register, and the record of attendance shall indicate clearly every absence of the pupil from school for a half day or more during each day that school is maintained during the year. Exemptions under this section shall be valid only after verification by the attendance supervisor of the district, or other person designated by the board of education, that the private school has complied with the provisions of Section 33190 requiring the annual filing by the owner or other head of a private school of an affidavit or statement of prescribed information with the Superintendent of Public Instruction. The verification required by this section shall not be construed as an evaluation, recognition, approval, or endorsement of any private school or course. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48223. Source version: id_6f3a9e59-fcdb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. Children who are mentally gifted and who are being instructed in a private full-time day school by persons capable of teaching, where all or part of the courses of instruction required to be taught in the public schools of this state is taught in a world language with not less than 50 percent of the total daily instructional time taught in the English language, shall be exempted. The attendance of the pupils shall be kept pursuant to Section 48222. (Amended by Stats. 2018, Ch. 865, Sec. 14. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48224. Source version: id_d6aed5b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. Children not attending a private, full-time, day school and who are being instructed in study and recitation for at least three hours a day for 175 days each calendar year by a private tutor or other person in the several branches of study required to be taught in the public schools of this state and in the English language shall be exempted. The tutor or other person shall hold a valid state credential for the grade taught. The instruction shall be offered between the hours of 8 o'clock a.m. and 4 o'clock p.m. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48225. Source version: id_d6aed5b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. The governing board of any school district which has children holding work permits to work temporarily in the entertainment or allied industries who are exempted from attending public full-time day school under the provisions of this article, or a county superintendent of schools, may contract with any person, firm or corporation responsible for the education of any children, so employed or acting on behalf thereof, to provide eligibility lists and placement services for qualified teaching and other necessary personnel for the tutoring of such children while so employed. Such personnel shall not for these purposes be deemed public employees. The contract shall require the payment of all costs of the school district, or the county superintendent of schools in providing the lists or services. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48225.5. Source version: id_d6aed5b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. (a) (1) Notwithstanding Section 48200, a pupil who holds a work permit to work for a period of not more than five consecutive days in the entertainment or allied industries shall be excused from school during the period that the pupil is working in the entertainment or allied industry for a maximum of up to five absences per school year. (2) Notwithstanding Section 48200, a pupil shall be excused from school in order to participate with a not-for-profit performing arts organization in a performance for a public school pupil audience for a maximum of up to five days per school year provided the pupil’s parent or guardian provides a written note to the school authorities explaining the reason for the pupil’s absence. (b) A pupil absent from school under this section shall be permitted to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion, shall be given full credit therefor. The teacher of any class from which a pupil is absent shall determine, pursuant to the regulations of the governing board of the school district, or the county board of education, what assignments the pupil shall make up and in what period of time the pupil shall complete those assignments. The tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence. (c) A pupil absent pursuant to paragraph (1) of subdivision (a) shall receive instruction during the period of the absence from a studio teacher certified by the Labor Commissioner holding credentials as defined in Section 11755 of Title 8 of the California Code of Regulations. The instruction shall be offered between 7 a.m. and 4 p.m. for pupils in kindergarten and grades 1 to 6, inclusive, and between 7 a.m. and 7 p.m. for pupils in grades 7 to 12, inclusive. The school district or county superintendent of schools shall accept the work done by the pupil and the grades given to the pupil on that work and shall provide the pupil with credit for the instruction the pupil received from that teacher. (d) At the request of a pupil excused from school pursuant to paragraph (1) of subdivision (a), the pupil may be permitted to enroll in a work experience program of the school district and shall receive appropriate academic credit for that work experience. (e) This section shall apply to all pupils, whether a pupil is enrolled in regular classes or special education classes, a regional occupational program or center, or a program of independent study, or any other program of the school district or county superintendent of schools. (Added by Stats. 1997, Ch. 879, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48230. Source version: id_d6aed5b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. Children who hold permits to work shall be exempted, but such children shall be subject to compulsory attendance upon part-time classes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48231. Source version: id_d6aed5b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. Notwithstanding Section 48201, pupils between 12 and 18 years of age who enter an attendance area from another state within 10 schooldays before the end of the school term during which such entrance occurs are exempt for the remainder of the school term. (Added by Stats. 1977, Ch. 1221.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 3. Pupils Exempt [48220 - 48232] SECTION 48232. Source version: id_d6aed5bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=3. Notwithstanding any other provision of law, a child who will be 15 years old at the time a leave of absence is to begin may take a leave of absence from school for a period of up to one semester, if all of the following conditions are satisfied: (a) The school district governing board adopts a written policy to allow pupil leaves of absence consistent with this section. (b) The purpose of the leave is supervised travel, study, training, or work not available to the pupil under another education option. (c) A written agreement is entered into that is signed by the child’s parent or guardian, the principal or administrative officer of the school which the child would otherwise attend, a classroom teacher familiar with the child’s academic progress selected by the child, and the district supervisor of child welfare and attendance, and that provides for all of the following: (1) The purpose of the leave. (2) The length of time the child will be on leave. (3) A meeting between, or contact with, the child and a school official designated in the agreement at least once a month while the child is on leave. (4) A statement incorporating the provisions contained in subdivision (b). (d) The child shall be entitled to return to school at any time. No child who takes a leave of absence shall be penalized from completing his or her academic requirements within a time period equal to that of classmates who did not take a leave of absence, plus a period of time equal to the leave of absence. However, when a child reenrolls at any time other than the beginning of a semester, the school shall not be required to give makeup sessions during that semester for the classes that the child has missed. (e) A leave of absence may be extended for an additional semester upon approval by all parties to the written agreement and the local school attendance review board. (f) No leave of absence may be taken that would continue past the end of the school year in which the leave is taken. (g) If the pupil does not contact the designated school official as stipulated in the written agreement, the leave of absence shall be nullified. Any party to the written agreement may nullify the agreement for cause at any time. (h) No more than 1 percent of the pupils enrolled and in attendance at each school shall be permitted to take a leave of absence during each academic year. (Amended by Stats. 1994, Ch. 922, Sec. 103. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 4. Supervisors of Attendance [48240 - 48246] SECTION 48240. Source version: id_b8c3b11b-fcdb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=4. (a) The governing board of each school district and each county superintendent of schools shall appoint a supervisor of attendance and any assistant supervisors of attendance as may be necessary to supervise the attendance of pupils in the school district or county. The governing board of the school district or county superintendent of schools shall prescribe the duties of the supervisor of attendance and assistant supervisors of attendance to include, among other duties that may be required, those specific duties related to compulsory full-time education, truancy, work permits, compulsory continuation education, and opportunity schools, classes, and programs, now required of the attendance supervisors by this chapter and Article 4 (commencing with Section 48450) of Chapter 3 and Article 2 (commencing with Section 48640) of Chapter 4. (b) It is the intent of the Legislature that in performing his or her duties, the supervisor of attendance promote a culture of attendance and establish a system to accurately track pupil attendance in order to achieve all of the following: (1) Raise the awareness of school personnel, parents, guardians, caregivers, community partners, and local businesses of the effects of chronic absenteeism and truancy and other challenges associated with poor attendance. (2) Identify and respond to grade level or pupil subgroup patterns of chronic absenteeism or truancy. (3) Identify and address factors contributing to chronic absenteeism and habitual truancy, including suspension and expulsion. (4) Ensure that pupils with attendance problems are identified as early as possible to provide applicable support services and interventions. (5) Evaluate the effectiveness of strategies implemented to reduce chronic absenteeism rates and truancy rates. (c) When a pupil with a temporary disability, as defined in Section 48206.3, is receiving individual instruction in the home or a hospital or other residential health facility, the supervisor of attendance shall ensure that absences from the pupil’s regular school program are excused until the pupil is able to return to the regular school program. (d) The supervisor of attendance may provide support services and interventions, which may include, but are not limited to, any or all of the following: (1) A conference between school personnel, the pupil’s parent or guardian, and the pupil. (2) Promoting cocurricular and extracurricular activities that increase pupil connectedness to school, such as tutoring, mentoring, the arts, service learning, or athletics. (3) Recognizing pupils who achieve excellent attendance or demonstrate significant improvement in attendance. (4) Referral to a school nurse, school counselor, school psychologist, school social worker, and other pupil support personnel for case management and counseling. (5) Collaboration with child welfare services, law enforcement, courts, public health care agencies, or government agencies, or medical, mental health, and oral health care providers to receive necessary services. (6) Collaborating with school study teams, guidance teams, school attendance review teams, or other intervention-related teams to assess the attendance or behavior problem in partnership with the pupil and his or her parents, guardians, or caregivers. (7) In schools with significantly higher rates of chronic absenteeism, identify barriers to attendance that may require schoolwide strategies rather than case management. (8) Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program for an individual with exceptional needs, as that term is defined in Section 56026, or plan adopted for a qualified handicapped person, as that term is defined in regulations promulgated by the United States Department of Education pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). (9) Referral to a school attendance review board established by the county or by a school district pursuant to Section 48321 or to the probation department pursuant to Section 48263. (10) Referral to a truancy mediation program operated by the county’s district attorney or probation officer pursuant to Section 48260.6. (Amended by Stats. 2018, Ch. 167, Sec. 7. (AB 2109) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 4. Supervisors of Attendance [48240 - 48246] SECTION 48241. Source version: id_d6b05c61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=4. In any city or city and county no supervisor of attendance or assistant supervisors of attendance shall be appointed, unless he has been lawfully certificated for the work by the county board of education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 4. Supervisors of Attendance [48240 - 48246] SECTION 48242. Source version: id_22c11cd2-ca34-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=4. The governing board of a school district may appoint a school district supervisor of attendance to act under the direction of the county supervisor of attendance. (Amended by Stats. 2016, Ch. 829, Sec. 2. (AB 2815) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 4. Supervisors of Attendance [48240 - 48246] SECTION 48243. Source version: id_d6b05c65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=4. Two or more districts may unite in appointing a district supervisor of attendance and in paying his compensation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 4. Supervisors of Attendance [48240 - 48246] SECTION 48244. Source version: id_2c8284c4-ca34-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=4. A school district may contract with the county superintendent of schools for the supervision of attendance of pupils in the school district. The county superintendent of schools shall transfer from the funds of the school district to the county school service fund an amount equal to the actual cost of providing for the supervision of attendance. (Amended by Stats. 2016, Ch. 829, Sec. 3. (AB 2815) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 4. Supervisors of Attendance [48240 - 48246] SECTION 48245. Source version: id_d6b1e309-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=4. In any district or districts with an average daily attendance of 1,000 or more school children, according to the annual school report of the last preceding school year, no district supervisor of attendance shall be appointed, unless he has been lawfully certificated for the work by the county board of education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 4. Supervisors of Attendance [48240 - 48246] SECTION 48246. Source version: id_d6b1e30b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=4. The attendance supervisor, who is a full-time attendance supervisor performing no other duties, of any county, city and county, or school district in which any place of employment is situated, or the probation officer of the county, may at any time enter into any such place of employment for the purpose of examining permits to work or to employ of all minors employed in such place of employment, or for the purpose of investigating violations of the provisions of the Labor Code or of the provisions of this chapter, or Chapter 7 (commencing with Section 49100) of this part. If the attendance supervisor or probation officer is denied entrance to such place of employment, or if any violation of laws relating to the education of minors is found to exist, the attendance supervisor or probation officer shall report the denial of entrance or the violation to the Labor Commissioner. Such report shall be made within 48 hours and shall be in writing, setting forth the fact that he has good cause to believe that such laws are being violated in such place of employment and describing the nature of the violation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48260. Source version: id_834690f8-47ec-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. (a) A pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse three full days in one school year or tardy or absent for more than a 30-minute period during the schoolday without a valid excuse on three occasions in one school year, or any combination thereof, shall be classified as a truant and shall be reported to the attendance supervisor or to the superintendent of the school district. (b) Notwithstanding subdivision (a), it is the intent of the Legislature that school districts shall not change the method of attendance accounting provided for in existing law and shall not be required to employ period-by-period attendance accounting. (c) For purposes of this article, a valid excuse includes, but is not limited to, the reasons for which a pupil shall be excused from school pursuant to Sections 48205 and 48225.5 and may include other reasons that are within the discretion of school administrators and, based on the facts of the pupil’s circumstances, are deemed to constitute a valid excuse. (Amended by Stats. 2012, Ch. 432, Sec. 1. (AB 2616) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48260.5. Source version: id_f36032b8-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. Upon a pupil’s initial classification as a truant, the school district shall notify the pupil’s parent or guardian using the most cost-effective method possible, which may include email or a telephone call: (a) That the pupil is truant. (b) That the parent or guardian is obligated to compel the attendance of the pupil at school. (c) That alternative educational programs are available in the school district. (d) That the parent or guardian has the right to meet with appropriate school personnel to discuss solutions to the pupil’s truancy. (e) That mental health and supportive services may be available to the pupil and the family. (f) That school personnel are available to meet with the pupil and family to develop strategies to support the pupil’s attendance at school. (g) That research shows that missing 10 percent of school for any reason can translate into pupils having difficulty learning to read by third grade, achieving in middle school, and graduating from high school. (h) This section shall become operative on July 1, 2025. (Repealed (in Sec. 1) and added by Stats. 2024, Ch. 863, Sec. 2. (SB 691) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48260.6. Source version: id_d6b369b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. (a) In any county which has not established a county school attendance review board pursuant to Section 48321, the school district may notify the district attorney or the probation officer, or both, of the county in which the school district is located, by first-class mail or other reasonable means, of the following if the district attorney or the probation officer has elected to participate in the truancy mediation program described in subdivision (d): (1) The name of each pupil who has been classified as a truant. (2) The name and address of the parent or guardian of each pupil who has been classified as a truant. (b) The school district may also notify the district attorney or the probation officer, or both, as to whether the pupil continues to be classified as a truant after the parents have been notified pursuant to subdivision (a) of Section 48260.5. (c) In any county which has not established a county school attendance review board, the district attorney or the probation officer of the county in which the school district is located may notify the parents or guardians of every truant, by first-class mail or other reasonable means, that they may be subject to prosecution pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27 for failure to compel the attendance of the pupil at school. (d) If the district attorney or the probation officer, or both, are notified by a school district that a child continues to be classified as a truant after the parents or guardians have been notified pursuant to subdivision (a) of Section 48260.5, the district attorney or the probation officer in any county which has not established a county school attendance review board may request the parents or guardians and the child to attend a meeting in the district attorney’s office or at the probation department pursuant to Section 601.3 of the Welfare and Institutions Code to discuss the possible legal consequences of the child’s truancy. Notice of the meeting shall be given pursuant to Section 601.3 of the Welfare and Institutions Code. (Amended by Stats. 1994, Ch. 1024, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48261. Source version: id_d6b369b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. Any pupil who has once been reported as a truant and who is again absent from school without valid excuse one or more days, or tardy on one or more days, shall again be reported as a truant to the attendance supervisor or the superintendent of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48262. Source version: id_53dae71c-e3fd-11df-9c0b-aa0133d425a3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. Any pupil is deemed an habitual truant who has been reported as a truant three or more times per school year, provided that no pupil shall be deemed an habitual truant unless an appropriate district officer or employee has made a conscientious effort to hold at least one conference with a parent or guardian of the pupil and the pupil himself, after the filing of either of the reports required by Section 48260 or Section 48261. For purposes of this section, a conscientious effort means attempting to communicate with the parents of the pupil at least once using the most cost-effective method possible, which may include electronic mail or a telephone call. (Amended by Stats. 2010, Ch. 724, Sec. 22. (AB 1610) Effective October 19, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48263. Source version: id_4738dd52-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. (a) If a minor pupil in a school district of a county is a habitual truant, or is a chronic absentee, as defined in Section 60901, or is habitually insubordinate or disorderly during attendance at school, the pupil may be referred to a school attendance review board, or to the probation department for services if the probation department has elected to receive these referrals. The school district supervisor of attendance, or any other persons the governing board of the school district or county may designate, making the referral shall provide documentation of the interventions undertaken at the school to the pupil, the pupil’s parents or guardians, and the school attendance review board or probation department and shall notify the pupil and parents or guardians of the pupil, in writing, of the name and address of the school attendance review board or probation department to which the matter has been referred and of the reason for the referral. The notice shall indicate that the pupil and parents or guardians of the pupil will be required, along with the referring person, to meet with the school attendance review board or probation officer to consider a proper disposition of the referral. (b) (1) If the school attendance review board or probation officer determines that available community services can resolve the problem of the truant or insubordinate pupil, then the school attendance review board or probation officer shall direct the pupil or the pupil’s parents or guardians, or both, to make use of those community services. The school attendance review board or probation officer may require, at any time that it determines proper, the pupil or parents or guardians of the pupil, or both, to furnish satisfactory evidence of participation in the available community services. (2) If the school attendance review board or probation officer determines that available community services cannot resolve the problem of the truant or insubordinate pupil or if the pupil or the parents or guardians of the pupil, or both, have failed to respond to directives of the school attendance review board or probation officer or to services provided, the school attendance review board may, pursuant to Section 48263.5, notify the district attorney or the probation officer, or both, of the county in which the school district is located, or the probation officer may, pursuant to Section 48263.5, notify the district attorney, if the district attorney or the probation officer has elected to participate in the truancy mediation program described in that section. (c) In any county that has not established a school attendance review board, if the school district determines that available community resources cannot resolve the problem of the truant or insubordinate pupil, or if the pupil or the pupil’s parents or guardians, or both, have failed to respond to the directives of the school district or the services provided, the school district, pursuant to Section 48260.6, may notify the district attorney or the probation officer, or both, of the county in which the school district is located, if the district attorney or the probation officer has elected to participate in the truancy mediation program described in Section 48260.6. (Amended by Stats. 2020, Ch. 323, Sec. 2. (AB 901) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48263.5. Source version: id_d6b369bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. (a) In any county which has established a county school attendance review board pursuant to Section 48321, the school attendance review board may notify the district attorney or the probation officer, or both, of the county in which the school district is located, or the probation officer may notify the district attorney, by first-class mail or other reasonable means, of the following if the district attorney or the probation officer has elected to participate in the truancy mediation program described in subdivision (b): (1) The name of each pupil who has been classified as a truant and concerning whom the school attendance review board or the probation officer has determined: (A) That available community services cannot resolve the truancy or insubordination problem. (B) That the pupil or the parents or guardians of the pupil, or both, have failed to respond to directives of the school attendance review board or probation officer or to services provided. (2) The name and address of the parent or guardian of each pupil described in paragraph (1). (b) Upon receipt of notification provided pursuant to subdivision (a), the district attorney or the probation officer may notify the parents or guardians of each pupil concerning whom notification has been received, by first-class mail or other reasonable means, that they may be subject to prosecution pursuant to Article 6 (commencing with Section 48290) of Chapter 2 of Part 27 for failure to compel the attendance of the pupil at school. The district attorney or the probation officer may also request the parents or guardians and the child to attend a meeting in the district attorney’s office or at the probation department pursuant to Section 601.3 of the Welfare and Institutions Code to discuss the possible legal consequences of the child’s truancy. Notice of the meeting shall be given pursuant to Section 601.3 of the Welfare and Institutions Code. (Amended by Stats. 1994, Ch. 1024, Sec. 3. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48263.6. Source version: id_4fd40046-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. Any pupil subject to compulsory full-time education or to compulsory continuation education who is absent from school without a valid excuse for 10 percent or more of the schooldays in one school year, from the date of enrollment to the current date, is deemed a chronic truant, provided that the appropriate school district officer or employee has complied with Sections 48260, 48260.5, 48261, 48262, 48263, and 48291. (Added by Stats. 2010, Ch. 647, Sec. 1. (SB 1317) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48264. Source version: id_d6b369bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. The attendance supervisor or his or her designee, a peace officer, a school administrator or his or her designee, or a probation officer may arrest or assume temporary custody, during school hours, of any minor subject to compulsory full-time education or to compulsory continuation education found away from his or her home and who is absent from school without valid excuse within the county, city, or city and county, or school district. (Amended by Stats. 1994, Ch. 1023, Sec. 3. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48264.5. Source version: id_23967dbe-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. A minor who is classified as a truant pursuant to Section 48260 or 48261 may be required to attend makeup classes conducted on one day of a weekend pursuant to subdivision (c) of Section 37223 and is subject to the following: (a) The first time a truancy report is issued, the pupil and, as appropriate, the parent or legal guardian, may be requested to attend a meeting with a school counselor or other school designee to discuss the root causes of the attendance issue and develop a joint plan to improve the pupil’s attendance. (b) The second time a truancy report is issued within the same school year, the pupil may be given a written warning by a peace officer as specified in Section 830.1 of the Penal Code. A record of the written warning may be kept at the school for not less than two years or until the pupil graduates or transfers from that school. If the pupil transfers from that school, the record may be forwarded to the school receiving the pupil’s school records. A record of the written warning may be maintained by the law enforcement agency in accordance with that law enforcement agency’s policies and procedures. The pupil may also be assigned by the school to an afterschool or weekend study program located within the same county as the pupil’s school. If the pupil fails to successfully complete the assigned study program, the pupil shall be subject to subdivision (c). (c) The third time a truancy report is issued within the same school year, the pupil shall be classified as a habitual truant, as defined in Section 48262, and may be referred to, and required to attend, an attendance review board or a truancy mediation program pursuant to Section 48263 or pursuant to Section 601.3 of the Welfare and Institutions Code. If the school district does not have a truancy mediation program, the pupil may be required to attend a comparable program deemed acceptable by the school district’s attendance supervisor. If the pupil does not successfully complete the truancy mediation program or other similar program, the pupil shall be subject to subdivision (d). (d) The fourth time a truancy report is issued within the same school year, the pupil may be within the jurisdiction of the juvenile court that may adjudge the pupil to be a ward of the court pursuant to Section 601 of the Welfare and Institutions Code. If the pupil is adjudged a ward of the court, the pupil shall be required to do one or more of the following: (1) Performance at court-approved community services sponsored by either a public or private nonprofit agency for not less than 20 hours but not more than 40 hours over a period not to exceed 90 days, during a time other than the pupil’s hours of school attendance or employment. The probation officer shall report to the court the failure of the pupil to comply with this paragraph. (2) Payment of a fine by the pupil of not more than fifty dollars ($50) for which a parent or legal guardian of the pupil may be jointly liable. The fine described in this paragraph shall not be subject to the assessments of Section 1464 of the Penal Code or any other applicable section. (3) Attendance of a court-approved truancy prevention program. (Amended by Stats. 2022, Ch. 301, Sec. 11. (SB 1057) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48265. Source version: id_d6b4f061-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. Any person arresting or assuming temporary custody of a minor pursuant to Section 48264 shall forthwith deliver the minor either to the parent, guardian, or other person having control, or charge of the minor, or to the school from which the minor is absent, or to a nonsecure youth service or community center designated by the school or district for counseling prior to returning such minor to his home or school, or to a school counselor or pupil services and attendance officer located at a police station for the purpose of obtaining immediate counseling from the counselor or officer prior to returning or being returned to his home or school, or, if the minor is found to have been declared an habitual truant, he shall cause the minor to be brought before the probation officer of the county having jurisdiction over minors. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48266. Source version: id_d6b67703-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. Any person taking action pursuant to Sections 48264 and 48265 shall report the matter, and the disposition made by him of the minor to the school authorities of the city, or city and county, or school district and to the minor’s parent or guardian. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48267. Source version: id_4a7a4cb4-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. Any pupil who has been found to be a person described in Section 602 and as a condition of probation is required to attend a school program approved by a probation officer, who is reported as a truant from school one or more days or tardy on one or more days without valid excuse, in the same school year or in a succeeding year, shall be brought to the attention of the juvenile court and the pupil’s probation or parole officer within 10 days of the reported violation. Notwithstanding Section 827 of the Welfare and Institutions Code, written notice that a minor enrolled in a public school in any of grades 7 to 12, inclusive, has been found by a court to be a person described in Section 602 and as a condition of probation is required to attend a school program approved by a probation officer shall be provided by the juvenile court, within seven days of the entry of the dispositional order, to the superintendent of the school district of attendance, which information shall be expeditiously transmitted to the principal or to one person designated by the principal of the school that the minor is attending. The principal or the principal’s designee shall not disclose this information to any other person except as otherwise required by law. (Amended by Stats. 2020, Ch. 323, Sec. 3. (AB 901) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48268. Source version: id_4dc7a2f6-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. The court may render judgment that the parent, guardian, or person having the control or charge of the pupil shall deliver the pupil at the beginning of each schoolday, for the remainder of the school term, at the school from which the pupil is a truant or to a school designated by school authorities. (Amended by Stats. 2020, Ch. 323, Sec. 4. (AB 901) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48269. Source version: id_51060518-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. If the parent, guardian, or other person having control or charge of the pupil, within three days after the rendition of the judgment executes a bond to the governing board of the school district in the sum of two hundred dollars ($200), conditioned that the pupil will, during the remainder of the current school year, regularly attend a public or private school in the city, or city and county, or school district, the court may make an order suspending the execution of the judgment so long as the condition of the bond is complied with. The bond shall be filed with the secretary of the board of education, or clerk of the board of trustees. All money paid or collected on the bond shall be paid into the county treasury as provided in Section 41001. (Amended by Stats. 2020, Ch. 323, Sec. 5. (AB 901) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 5. Truants [48260 - 48273] SECTION 48273. Source version: id_d6b7fdab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=5. The governing board of each school district shall adopt rules and regulations to require the appropriate officers and employees of the district to gather and transmit to the county superintendent of schools the number and types of referrals to school attendance review boards and of requests for petitions to the juvenile court pursuant to Section 48263. (Amended by Stats. 1978, Ch. 843.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 6. Violations [48290 - 48297] SECTION 48290. Source version: id_d6b7fdaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=6. The governing board of any school district, shall, on the complaint of any person, make full and impartial investigation of all charges against any parent, guardian, or other person having control or charge of any child, for violation of any of the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 6. Violations [48290 - 48297] SECTION 48291. Source version: id_d6b7fdb1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=6. If it appears upon investigation that any parent, guardian, or other person having control or charge of any child has violated any of the provisions of this chapter, the secretary of the board of education, except as provided in Section 48292, or the clerk of the board of trustees, shall refer such person to a school attendance review board. In the event that any such parent, guardian, or other person continually and willfully fails to respond to directives of the school attendance review board or services provided, the school attendance review board shall direct the school district to make and file in the proper court a criminal complaint against the parent, guardian, or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority. In the event that a criminal complaint is not prosecuted by the proper authority as recommended, the official making the determination not to prosecute shall provide the school attendance review board with a written explanation for the decision not to prosecute. (Amended by Stats. 1980, Ch. 1329, Sec. 7.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 6. Violations [48290 - 48297] SECTION 48292. Source version: id_d6b7fdb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=6. In counties, cities, and cities and counties, and in school districts having an attendance supervisor, the attendance supervisor shall make and file the complaint provided for by this article and shall see that the charge is prosecuted by the proper authorities. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 6. Violations [48290 - 48297] SECTION 48293. Source version: id_40dd3ed0-48a0-11db-ac35-98ff3821c058 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=6. (a) Any parent, guardian, or other person having control or charge of any pupil who fails to comply with this chapter, unless excused or exempted therefrom, is guilty of an infraction and shall be punished as follows: (1) Upon a first conviction, by a fine of not more than one hundred dollars ($100). (2) Upon a second conviction, by a fine of not more than two hundred fifty dollars ($250). (3) Upon a third or subsequent conviction, if the person has willfully refused to comply with this section, by a fine of not more than five hundred dollars ($500). In lieu of imposing the fines prescribed in paragraphs (1), (2), and (3), the court may order the person to be placed in a parent education and counseling program. (b) A judgment that a person convicted of an infraction be punished as prescribed in subdivision (a) may also provide for the payment of the fine within a specified time or in specified installments, or for participation in the program. A judgment granting a defendant time to pay the fine or prescribing the days of attendance in a program shall order that if the defendant fails to pay the fine, or any installment thereof, on the date that it is due, or fails to attend a program on a prescribed date, he or she shall appear in court on that date for further proceedings. Willful violation of the order is punishable as contempt. (c) The court may also order that the person convicted of the violation of subdivision (a) immediately enroll or reenroll the pupil in the appropriate school or educational program and provide proof of enrollment to the court. Willful violation of an order under this subdivision is punishable as civil contempt with a fine of up to one thousand dollars ($1,000). An order of contempt under this subdivision shall not include imprisonment. (Amended by Stats. 2006, Ch. 273, Sec. 1. Effective September 14, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 6. Violations [48290 - 48297] SECTION 48294. Source version: id_d6b98457-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=6. All fines paid as penalties for the violation of any of the provisions of this chapter shall, when collected or received, be paid over by the court or officer receiving them to the treasurer of the city, county, or city and county, in which the offense was committed, to be placed to the credit of the school fund of the school district in which the offense was committed. Such moneys shall be used to support the activities of the school attendance review board prescribed by Section 48291 and the parent education and counseling program prescribed by Section 48293. (Amended by Stats. 1998, Ch. 931, Sec. 130. Effective September 28, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 6. Violations [48290 - 48297] SECTION 48295. Source version: id_d6b98459-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=6. Any judge of the superior court, in the county in which the school district is located, or in which the offense is committed, has jurisdiction of offenses committed under this article. A juvenile court has jurisdiction of a violation of Section 48293 as provided by Section 601.4 of the Welfare and Institutions Code. (Amended by Stats. 2003, Ch. 449, Sec. 16. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 6. Violations [48290 - 48297] SECTION 48296. Source version: id_d6b9845b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=6. No fees shall be charged or received by any court or officer in any proceeding under this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 6. Violations [48290 - 48297] SECTION 48297. Source version: id_baf277ff-a436-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=6. (a) (1) A state or local agency conducting a truancy-related mediation or prosecuting a pupil or a pupil’s parent or legal guardian pursuant to Article 5 (commencing with Section 48260), this article, Section 48454, Section 270.1 or 272 of the Penal Code, or Section 601 of the Welfare and Institutions Code, as applicable, shall provide, using the most cost-effective method possible, including, but not limited to, by email or telephone, the school district, school attendance review board, county superintendent of schools, probation department, or any other agency that referred a truancy-related mediation, criminal complaint, or petition with the outcome of each referral. For purposes of this section, “outcome” means the imposed conditions or terms placed on a pupil or a pupil’s parent or legal guardian and the acts or actions taken by a state or local agency with respect to a truancy-related mediation, prosecution, criminal complaint, or petition. (2) This subdivision applies to, but is not limited to, the referrals referenced in Article 5 (commencing with Section 48260), this article, Section 48454, Sections 270.1 and 272 of the Penal Code, and Sections 601, 601.2, and 601.3 of the Welfare and Institutions Code. (b) It is the intent of the Legislature to determine the best evidence-based practices to reduce truancy. This section is not intended to encourage additional referrals, complaints, petitions, or prosecutions, or to encourage more serious sanctions for pupils. (Amended by Stats. 2015, Ch. 303, Sec. 101. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48300. Source version: id_0b34f02c-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. For purposes of this article, the following definitions apply: (a) “Active military duty” means full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Reserve on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) of, and Chapter 1211 (commencing with Section 12401) of, Part II of Subtitle E of Title 10 of the United States Code. (b) “Foster youth” has the same meaning as specified in Section 42238.01. (c) “Homeless child or youth” has the same meaning as “homeless children and youths” specified in Section 11434a(2) of Title 42 of the United States Code. (d) “Parent” means the natural or adoptive parent or guardian of a dependent child. (e) “School district of choice” means a school district for which a resolution is in effect as described in subdivision (a) of Section 48301. (f) “School district of residence” means the school district that a pupil would be directed by this chapter to attend, except as otherwise provided by this article. (Amended by Stats. 2024, Ch. 865, Sec. 1. (SB 897) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48301. Source version: id_0f8d26be-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) (1) The governing board of a school district may elect to operate the school district as a school district of choice and may accept transfers from school districts of residence pursuant to this article. If the governing board of a school district elects to accept transfers as authorized pursuant to this article, it shall, by resolution, determine and adopt the number of transfers it is willing to accept pursuant to this article and shall accept all pupils who apply to transfer until the school district of choice is at maximum capacity. The school district of choice shall ensure that pupils admitted pursuant to this article are selected through an unbiased process that prohibits an inquiry into or evaluation or consideration of whether or not a pupil should be enrolled based upon academic or athletic performance, physical condition, proficiency in English, any of the individual characteristics set forth in Section 200, and, except for purposes of determining priority for pupils eligible for free or reduced-price meals pursuant to Section 48306, family income. (2) If the number of transfer applications exceeds the number of transfers the governing board of a school district of choice elects to accept pursuant to this article, approval for transfer pursuant to this article shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board of the school district of choice. (b) Communications to parents by school districts of choice shall be factually accurate and not target individual parents or residential neighborhoods on the basis of a pupil’s or pupils’ actual or perceived academic or athletic skill, proficiency in English, any of the individual characteristics set forth in Section 200, or family income. (c) A school district of choice, with respect to compliance with this article, shall be subject to the audit conducted pursuant to Section 41020. (d) A school district of choice shall post application information on its internet website. This information shall include, at a minimum, any applicable form and the timeline for a transfer pursuant to this article. This information also shall include an explanation of the selection process the school district of choice implements pursuant to subdivision (a). (e) A pupil attending a school in a school district of choice shall be deemed to have fulfilled the requirements of Section 48204. (f) All communication from a school district of choice regarding the transfer opportunities pursuant to the program shall be available in all languages for which translations are required in the school district of residence pursuant to Section 48985. (g) A school district of choice shall register as a school district of choice with both the Superintendent, in a manner specified by the Superintendent, and the county board of education where the school district of choice is located. (h) A school district of choice shall not enroll pupils pursuant to this article until the school district has registered pursuant to subdivision (g). (Amended by Stats. 2024, Ch. 865, Sec. 2. (SB 897) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48302. Source version: id_7e8870bd-5da4-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. School districts are encouraged to hold informational meetings and make public announcements on the current educational programs the school district is offering so that parents may provide input to the school district on methods to improve the current programs and so that parents may make informed decisions regarding their children’s education. (Amended by Stats. 2017, Ch. 15, Sec. 33. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48303. Source version: id_13cfb270-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) The school district of choice shall not prohibit a transfer of a pupil pursuant to this article based upon a determination by the governing board of that school district that the additional cost of educating the pupil would exceed the amount of additional state aid received as a result of the transfer. A school district of choice may reject the transfer of a pupil if the transfer of that pupil would require that school district to create a new program to serve that pupil, except that a school district of choice shall not reject the transfer of a special needs pupil, including an individual with exceptional needs, as defined in Section 56026, an English learner, a foster youth, or a homeless child or youth. (b) This section is intended to ensure that pupils in special education, or who are bilingual, English learners, foster youth, or homeless children or youth, are not discriminated against by the school district of choice because of the costs associated with educating those pupils. Pupils with special needs may take full advantage of the choice options available under this section. (Amended by Stats. 2024, Ch. 865, Sec. 3. (SB 897) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48304. Source version: id_6a56cd94-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. An application of any pupil for transfer may not be approved under this article if the transfer would require the displacement, from a school or program conducted within any attendance area of the school district of choice, of any other pupil who resides within that attendance area or is currently enrolled in that school. (Added by Stats. 2004, Ch. 21, Sec. 1. Effective March 5, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48305. Source version: id_6aa2cab6-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. School districts of choice may employ existing entrance criteria for specialized schools or programs if the criteria are uniformly applied to all applicants. (Added by Stats. 2004, Ch. 21, Sec. 1. Effective March 5, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48306. Source version: id_5bdcace2-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) A school district of choice shall give first priority for attendance to siblings of children already in attendance in that school district. (b) A school district of choice shall give second priority for attendance to pupils eligible for free or reduced-price meals, and pupils who are foster youth or homeless children or youth. (c) A school district of choice shall give third priority for attendance to children of military personnel. (Amended by Stats. 2025, Ch. 67, Sec. 55. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48307. Source version: id_1c560254-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) A school district of residence with an average daily attendance greater than 50,000 may limit the number of pupils transferring to a school district of choice pursuant to this article each year to 1 percent of its average daily attendance, as reported as of the first principal apportionment for the prior fiscal year. (b) (1) A school district of residence with an average daily attendance of 50,000 or less may limit the number of pupils transferring to a school district of choice pursuant to this article each year to 3 percent of its average daily attendance, as reported as of the first principal apportionment for the prior fiscal year, and may limit the maximum number of pupils transferring out for the duration of the program authorized by this article to 10 percent of the average daily attendance for that period. (2) (A) Upon the request of a school district of residence, the county office of education shall determine the percentage of pupils transferring out of the school district of residence for the duration of the program pursuant to paragraph (1). (B) The county office of education shall request data from the school district of choice regarding the number of pupils transferring into the school district of choice. (C) Notwithstanding subdivision (a) of Section 48301, if the school district of choice does not provide the number of pupils transferring into the school district of choice to the county office of education within 30 days, the school district of choice is prohibited from accepting new pupil transfers pursuant to this article until the school district of choice complies with the county office of education data request. (D) Within 60 days of receiving the determination from the county office of education that the 10-percent cap has been reached, a school district of residence shall issue a letter to the county office of education and the school district of choice notifying them that the 10-percent cap has been reached and that further pupil transfers are prohibited. (c) (1) If, pursuant to the audit described in Section 48301, a school district of choice is identified as having accepted pupils from a school district of residence pursuant to this article after a school district of residence has provided a notice pursuant to subparagraph (D) of paragraph (2) of subdivision (b) of this section or subparagraph (A) of paragraph (2) of subdivision (c) of Section 48308 that it has reached a limit specified in subdivision (a) or (b), as applicable, of this section, all of the following shall occur: (A) The auditor shall determine the average daily attendance generated by each pupil in excess of the applicable cap whose transfer originated from the school district of residence subsequent to the notice, disaggregated by local control funding formula grade span. (B) The auditor shall calculate the portion of the school district of choice’s local control funding formula apportionment attributable to the average daily attendance determined pursuant to subparagraph (A) and report that amount to the Superintendent. (C) Notwithstanding any other law, the Superintendent shall reduce the school district of choice’s local control funding formula apportionment each year by the amount calculated and reported by the auditor. (2) Pupils admitted to a school district of choice pursuant to this article before any audit findings pursuant to paragraph (1) may continue to attend that school district pursuant to this article. (d) A school district of residence that has a qualified or negative status on the most recent budget certification completed by the county superintendent of schools in any fiscal year may limit the number of pupils who transfer out of the district in that fiscal year. (e) Notwithstanding any prior or existing certification of a school district of residence pursuant to Article 3 (commencing with Section 42130) of Chapter 6 of Part 24, if a county superintendent of schools determines that a school district of residence would not meet the standards and criteria for fiscal stability specified in Section 42131 for the subsequent fiscal year exclusively due to the impact of additional pupil transfers pursuant to this article in that year, the school district of residence may limit the number of additional pupils who transfer in the upcoming school year pursuant to this article up to the number that the county superintendent of schools identifies beyond which number of additional transfers would result in a qualified or negative certification in that year exclusively as a result of additional transfers pursuant to this article. (f) A school district of residence, upon receiving notification of a pupil’s acceptance into the school district of choice, may prohibit the transfer of a pupil pursuant to this article or limit the number of pupils so transferred if the governing board of the school district of residence determines that the transfer would negatively impact any of the following: (1) The court-ordered desegregation plan of the school district of residence. (2) The voluntary desegregation plan of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election. (3) The racial and ethnic balance of the school district of residence, consistent with the provisions of Proposition 209, an initiative measure adopted by the voters at the November 5, 1996, statewide general election. (g) Notwithstanding any other provision of this article, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active military duty parent. (h) A school district of residence shall not adopt policies that in any way block or discourage pupils from applying for transfer to a school district of choice. (i) Notwithstanding any other provision of this article, a pupil attending a school district of choice, or a pupil who received a notice of acceptance into a school district of choice before the school district of residence restricted further transfers pursuant to subdivision (d) or (e), shall be permitted to attend the school district of choice. (Amended by Stats. 2024, Ch. 865, Sec. 5. (SB 897) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48308. Source version: id_20a00816-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) (1) An application requesting a transfer pursuant to this article shall be submitted by the parent of a pupil to the school district of choice before January 1 of the school year preceding the school year for which the pupil is requesting to be transferred. This application deadline may be waived upon agreement of the school district of residence of the pupil and the school district of choice. (2) The application deadline specified in paragraph (1) does not apply to an application requesting a transfer if the parent of the pupil with whom the pupil resides is enlisted in the military and was relocated by the military less than 90 days before submitting the application. (b) The application may be submitted on a form provided for this purpose by the department, and may request enrollment of the pupil in a specific school or program of the school district of choice. (c) (1) By no later than January 15, the school district of choice shall notify the school district of residence of the number and names of pupils from the school district of residence who are requesting to be transferred for the following school year, by school and grade level. (2) (A) By no later than February 15, the school district of residence shall notify the school district of choice of the total number and names of pupils requesting to be transferred to school districts of choice in excess of the limits specified in subdivision (a) or (b), as applicable, of Section 48307, if applicable. (B) The notification shall include the maximum pupil yields pursuant to subdivision (a) or (b), as applicable, of Section 48307, the name of each school district of choice that pupils are requesting to be transferred, and the number of pupil transfer requests for each school district of choice. (3) By no later than March 1 of the school year preceding the school year for which the pupil is requesting to be transferred, the governing board of the school district of choice shall notify the parent in writing whether the application has been provisionally accepted or rejected, or of the placement of the pupil on a waiting list. The governing board of the school district of choice may fill vacancies from the waiting list until May 1 preceding the school year for which the pupil is requesting to be transferred. No pupils shall be accepted at a school district of choice after May 1 preceding the school year for which the pupil is requesting to be transferred. (4) On or before May 1, the school district of choice shall provide the school district of residence with the final number of pupils to be enrolled in the school district of choice, disaggregated by school, grade level, and pupil name. (5) If the application is rejected, the governing board of the school district of choice shall include in the written notification to the parent that the number of pupils applying to transfer exceeded the capacity of the school district of choice or the specific school or program to which the pupil applied and that the pupil was not selected during the random drawing. The determination shall be accurately recorded in the minutes of the governing board meeting in which the determination was made. (6) (A) Notwithstanding paragraph (3), the governing board of a school district of choice shall, not later than 90 days after receipt of an application submitted according to paragraph (2) of subdivision (a), make a final acceptance or rejection of that application. A pupil may enroll in a school in the school district of choice immediately upon the pupil’s acceptance. (B) If an application submitted according to paragraph (2) of subdivision (a) is submitted less than 90 days before the beginning of the school year for which the pupil seeks to be transferred, the governing board of the school district of choice shall accept or deny the application before the commencement of the school year. A pupil may enroll in a school in the school district of choice immediately upon the pupil’s acceptance. (d) Final acceptance of the transfer is applicable for one school year and will be renewed automatically each year unless the school district of choice, through the adoption of a resolution, elects to no longer accept any transfer pupils pursuant to this article. However, if a school district of choice elects to no longer accept pupils under this article, high school pupils admitted under this article may continue to attend the same school in the school district of choice until they graduate from high school. (Amended by Stats. 2024, Ch. 865, Sec. 6. (SB 897) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48309. Source version: id_6bcfb1fe-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) Any school district of choice that admits any pupil under this section may accept any completed coursework, attendance, and other academic progress credited to that pupil by the school district or districts previously attended by that pupil, and may grant academic standing to that pupil based upon the district’s evaluation of the academic progress credited to that pupil. (b) Any school district of choice that admits a pupil under this section may revoke the pupil’s transfer if the pupil is recommended for expulsion pursuant to Section 48918. (Added by Stats. 2004, Ch. 21, Sec. 1. Effective March 5, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48310. Source version: id_f05b4a1f-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) The average daily attendance for pupils admitted by a school district of choice pursuant to this article shall be credited to that school district pursuant to Section 46607. The attendance report for the school district of choice may include an identification of the school district of residence. (b) Notwithstanding any other law, state aid for categorical education programs for pupils admitted under this article shall be apportioned to the school district of choice. (c) (1) For a school district of choice that is a basic aid school district, the apportionment of state funds for average daily attendance credited pursuant to this section shall be 25 percent of the school district local control funding formula base grant computed pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, that would have been apportioned to the school district of residence. (2) For purposes of this subdivision, the term “basic aid school district” means a school district that does not receive from the state, for a fiscal year in which this subdivision is applied, an apportionment of state funds as described in subdivision (o) of Section 42238.02. (d) The average daily attendance of pupils admitted by a school district of choice pursuant to this article shall be credited to that school district for purposes of any determination under Article 2 (commencing with Section 17010) of Chapter 12 of Part 10 of Division 1 of Title 1 that uses an average daily attendance calculation. (Amended by Stats. 2023, Ch. 48, Sec. 50. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48311. Source version: id_bd083247-5da4-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. Upon request of the pupil’s parent, each school district of choice that admits a pupil under this article to any school or program of the school district may provide to the pupil transportation assistance to that school or program, to the extent that the school district otherwise provides transportation assistance to pupils. (Amended by Stats. 2017, Ch. 15, Sec. 38. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48312. Source version: id_c9870c89-5da4-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) Each school district may make information regarding its schools, programs, policies, and procedures available to any interested person upon request. (b) A school district of choice shall make public announcements regarding its schools, programs, policies, and procedures, including transportation options pursuant to Section 48311, if applicable, during the enrollment period. (Amended by Stats. 2017, Ch. 15, Sec. 39. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48313. Source version: id_24efda38-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. (a) (1) Pursuant to this article, each school district of choice shall keep an accounting of all requests made for transfers pursuant to this article and records of all disposition of those requests that shall include, but are not limited to, all of the following: (A) The number of requests granted, denied, or withdrawn. In the case of denied requests, the records shall indicate the reasons for the denials. (B) The number of pupils transferred out of the school district of choice pursuant to this article. (C) The number of pupils transferred into the school district of choice pursuant to this article. (D) The race, ethnicity, gender, self-reported socioeconomic status, eligibility for free or reduced-price meals, foster youth status, homeless child or youth status, and the school district of residence of each of the pupils described in subparagraphs (B) and (C). (E) The number of pupils described in subparagraphs (B) and (C) who are classified as English learners or identified as individuals with exceptional needs, as defined in Section 56026. (2) If the school district of choice provides transportation to pupils pursuant to Section 48311, the school district of choice shall keep an accounting of the number of pupils as described in subparagraphs (D) and (E) of paragraph (1) transported pursuant to Section 48311 and the total number of pupils transported under this article. (b) The information maintained pursuant to subdivision (a) shall be reported to the governing board of the school district of choice at a regularly scheduled meeting of the governing board of the school district of choice. By no later than October 15 of each year, the school district of choice shall report the information maintained pursuant to subdivision (a) for the current school year in addition to information regarding the school district’s status as a school district of choice for the upcoming school year to each school district that is geographically adjacent to the school district of choice, to the county office of education in which the school district of choice is located, and, in a manner specified by the Superintendent, to the Superintendent. (c) A school district of choice shall not enroll a pupil under this article if the school district does not report all the data required pursuant to subdivision (b). (d) The Superintendent shall do all of the following: (1) Maintain a list of the school districts of choice in the state. (2) Collect the information specified in subdivision (a) from each school district of choice. The Superintendent shall ensure school districts of choice provide this information in a complete format and shall not create a new field in the California Longitudinal Pupil Achievement Data System for this purpose. The Superintendent may provide a template for school districts of choice to use and may issue guidance regarding the procedures for collecting and reporting data. (3) Post the information collected under paragraphs (1) and (2) on the department’s internet website. The Superintendent shall make this information available upon request to any school district. (4) Post a single list of all school choice programs, including, but not limited to, school districts of choice, on the department’s internet website. (e) It is the intent of the Legislature that the Superintendent collect data in a manner that minimizes the administrative burden on school districts and the state. (f) The Superintendent annually shall make all of the following information available to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, and the Legislative Analyst’s Office: (1) The number and characteristics of pupils who use the school district of choice option pursuant to this article. (2) Assessment scores of school districts of choice and school districts of residence pursuant to subdivision (b) of Section 60640. (3) The graduation rates of school districts of residence and school districts of choice. (4) The enrollment of school districts of residence and school districts of choice for the previous five years. (5) The fiscal health of school districts of residence and school districts of choice, including, but not limited to, both of the following: (A) Increasing or declining enrollment. (B) Whether a school district received a negative or qualified rating pursuant to Section 42131. (6) Whether a school district of residence has exceeded the transfer limits specified in Section 48307. (7) The number of pupils described in subparagraphs (D) and (E) of paragraph (1) of subdivision (a) transported pursuant to this article pursuant to Section 48311. (Amended by Stats. 2024, Ch. 865, Sec. 7. (SB 897) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48314. Source version: id_e228be5d-5da4-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. It is the intent of the Legislature that every parent in this state be informed of his or her opportunity for currently existing school district of choice options under this article regardless of ethnicity, primary language, literacy, or special needs. (Amended by Stats. 2017, Ch. 15, Sec. 41. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 7. Pupil Attendance Alternatives [48300 - 48317] SECTION 48317. Source version: id_fb3837c7-5da2-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=7. Commencing with the 2018–19 school year, and each year thereafter, the department shall investigate complaints regarding a school district operating as a school district of choice without registering pursuant to subdivision (g) of Section 48301 and a school district of choice failing to report data required pursuant to subdivision (b) of Section 48313. If the Superintendent finds that a school district is accepting pupils through a school district of choice program and the school district is not registered or the school district fails to report the required data, the Superintendent shall withhold from the school district’s apportionment pursuant to Section 42238.02 or 42238.03 an amount attributable to the average daily attendance of pupils enrolled through the school district of choice in the previous year. The Superintendent shall withhold this amount of the school district’s apportionment until the school district registers or reports the required data. (Added by Stats. 2017, Ch. 15, Sec. 44. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 8. School Attendance Review Boards [48320 - 48326] SECTION 48320. Source version: id_d6bf9e01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=8. (a) In enacting this article it is the intent of the Legislature that intensive guidance and coordinated community services may be provided to meet the special needs of pupils with school attendance problems or school behavior problems. (b) Any school attendance review board, established pursuant to this article, which determines that available public and private services are insufficient or inappropriate to correct school attendance or school behavior problems of minors may: (1) Propose and promote the use of alternatives to the juvenile court system. (2) Provide, in any proposed alternative, for maximum utilization of community and regional resources appropriately employed in behalf of minors prior to any involvement with the judicial system. (3) Encourage an understanding that any alternative based on the utilization of community resources carries an inherent agency and citizen commitment directed toward the continuing improvement of such resources and the creation of resources where none exist. (Amended by Stats. 1982, Ch. 327, Sec. 9. Effective June 30, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 8. School Attendance Review Boards [48320 - 48326] SECTION 48321. Source version: id_293b3f8a-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=8. (a) (1) A county school attendance review board may be established in each county. The county school attendance review board may accept referrals or requests for hearing services from one or more school districts within its jurisdiction pursuant to subdivision (f). A county school attendance review board may be operated through a consortium or partnership of a county with one or more school districts or between two or more counties. (2) A county school attendance review board, if established, shall include, but need not be limited to, all of the following: (A) A parent. (B) A representative of school districts. (C) A representative of the county probation department. (D) A representative of the county welfare department. (E) A representative of the county superintendent of schools. (F) A representative of law enforcement agencies. (G) A representative of community-based youth service centers. (H) A representative of school guidance personnel. (I) A representative of child welfare and attendance personnel. (J) A representative of school or county health care personnel. (K) A representative of school, county, or community mental health personnel. (L) A representative of the county district attorney’s office. If more than one county is represented in a county school attendance review board, a representative from each county’s district attorney’s office may be included. (M) A representative of the county public defender’s office. If more than one county is represented in a county school attendance review board, a representative from each county’s public defender’s office may be included. (3) Notwithstanding paragraph (2), for purposes of conducting hearings, the chairperson of the county school attendance review board is authorized to determine the members needed at a hearing, based on the needs of the pupil, in order to address attendance or behavioral problems. (4) The school district representatives on the county school attendance review board shall be nominated by the governing boards of school districts and shall be appointed by the county superintendent of schools. All other persons and group representatives shall be appointed by the county board of education. (5) (A) If a county school attendance review board exists, the county superintendent of schools shall, at the beginning of each school year, convene a meeting of the county school attendance review board for purposes of adopting plans to promote interagency and community cooperation and to reduce the duplication of services provided to youth who have serious school attendance and behavior problems. (B) Notwithstanding subparagraph (A), for purposes of conducting hearings, a county school attendance review board may meet as needed. (b) (1) Local school attendance review boards may include, but need not be limited to, all of the following: (A) A parent. (B) A representative of school districts. (C) A representative of the county probation department. (D) A representative of the county welfare department. (E) A representative of the county superintendent of schools. (F) A representative of law enforcement agencies. (G) A representative of community-based youth service centers. (H) A representative of school guidance personnel. (I) A representative of child welfare and attendance personnel. (J) A representative of school or county health care personnel. (K) A representative of school, county, or community mental health personnel. (L) A representative of the county district attorney’s office. If more than one county is represented in a local school attendance review board, a representative from each county’s district attorney’s office may be included. (M) A representative of the county public defender’s office. If more than one county is represented in a county school attendance review board, a representative from each county’s public defender’s office may be included. (2) Other persons or group representatives shall be appointed by the county board of education. (c) A county school attendance review board may elect, pursuant to regulations adopted pursuant to Section 48324, one member as chairperson with responsibility for coordinating services of the county school attendance review board. (d) A county school attendance review board may provide for the establishment of local school attendance review boards in any number as shall be necessary to carry out the intent of this article. (e) In any county in which there is no county school attendance review board the governing board of a school district may elect to establish a local school attendance review board, which shall operate in the same manner and have the same authority as a county school attendance review board. (f) A county school attendance review board may provide guidance to local school attendance review boards. (g) Each county school attendance review board and each local school attendance review board shall, at least annually, consult with pupils who reflect the diversity of all the schools that are served by the board for the purpose of soliciting input that will assist board members in gaining a better understanding of, and proposing interventions for, pupil attendance challenges and behavioral challenges. (h) If the county school attendance review board determines that the needs of pupils, as defined in this article, can best be served by a single board, the county school attendance review board may then serve as the school attendance review board for all pupils in the county, or, upon the request of any school district in the county, the county school attendance review board may serve as the school attendance review board for pupils of that school district. (i) This article is not intended to prohibit an agreement on the part of counties to provide these services on a regional basis. (Amended by Stats. 2024, Ch. 13, Sec. 1. (AB 1939) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 8. School Attendance Review Boards [48320 - 48326] SECTION 48321.5. Source version: id_d6bf9e05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=8. (a) In every case in which a minor pupil has been referred to it under Section 48263, each county or local school attendance review board may, for the purpose of making a proper disposition of the referral, issue subpoenas pursuant to the procedures provided in Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure and subject to subdivision (f), or may request the juvenile court having jurisdiction to issue subpoenas, requiring the production of pertinent or material written information or the attendance of any of the following persons: (1) The minor. (2) The minor’s parents, guardians, or other person having control of the minor. (3) The school authority referring the minor. (4) Any other person who has pertinent or material information concerning the matter. (b) The juvenile court may issue subpoenas requiring the attendance of witnesses or the production of pertinent or material written information, subject to Section 1985 of the Code of Civil Procedure. (c) Enforcement of a subpoena issued by a county or local school attendance review board is within the jurisdiction of the juvenile court. The juvenile court does not have jurisdiction to order detention in any secure facility or other confinement for failure to comply with a subpoena issued pursuant to this section. (d) Nothing in this section shall be construed to authorize a county or local school attendance review board to issue a subpoena for the production of written materials or the attendance of any person except as specifically provided in subdivision (a) with respect to the limited purpose of making a proper disposition of the referral of a minor pupil made pursuant to Section 48263. (e) Nothing in this section shall be construed to authorize a county or local school attendance review board to issue a subpoena or request a subpoena to be issued for the production of written materials or the attendance of any person if it is verified that the minor pupil is enrolled and in regular attendance in a private school maintaining kindergarten or any of grades 1 to 12, inclusive, that has filed an affidavit pursuant to Sections 33190 and 48222 of the Education Code. (f) A county or local school attendance review board shall not issue a subpoena that includes a request for production of written materials, but may request a juvenile court having jurisdiction to issue a subpoena for production of written materials pursuant to subdivision (a). (Amended by Stats. 1994, Ch. 506, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 8. School Attendance Review Boards [48320 - 48326] SECTION 48322. Source version: id_d6bf9e07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=8. The county school attendance review board may encourage local school attendance review boards to maintain a continuing inventory of community resources, including alternative educational programs, and to make recommendations for the improvement of such resources and programs or for the creation of new resources and programs where none exist. (Amended by Stats. 1982, Ch. 327, Sec. 11. Effective June 30, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 8. School Attendance Review Boards [48320 - 48326] SECTION 48323. Source version: id_d6c124a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=8. Each of the departments or agencies authorized to participate in school attendance review boards may assign personnel to represent the department or agency on a continuing basis in accordance with the intent of this article. The duties, obligations, or responsibilities which may be imposed on local governmental entities by this act are such that the related costs are incurred as a part of their normal operating procedures. The minor costs of such services may be borne by each agency or department and each or all of the participants may apply for and utilize state or federal funds as may be available. (Amended by Stats. 1982, Ch. 327, Sec. 12. Effective June 30, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 8. School Attendance Review Boards [48320 - 48326] SECTION 48324. Source version: id_d6c124ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=8. The county school attendance review board may adopt such rules and regulations not inconsistent with law, as are necessary for its own government and to enable it to carry out the provisions of this article. The rules and regulations may be binding upon the local school attendance review boards which are established pursuant to subdivision (d) of Section 48321. (Amended by Stats. 1982, Ch. 327, Sec. 13. Effective June 30, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 8. School Attendance Review Boards [48320 - 48326] SECTION 48325. Source version: id_d6c124ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=8. (a) The Legislature finds and declares that statewide policy coordination and personnel training with respect to county attendance review boards will greatly facilitate the achievement of the goals expressed in Section 48320. It is therefore the intent of the Legislature in enacting this section to do the following: (1) Encourage the cooperation, coordination, and development of strategies to support county school attendance review boards in carrying out their responsibilities to establish local school attendance review boards as necessary. These strategies may include, but need not be limited to, plans for the training of school attendance review board personnel. (2) Divert pupils with serious attendance and behavioral problems from the juvenile justice system to agencies more directly related to the state public school system by developing a system for gathering and dispensing information on successful community-based and school-based programs. (3) Reduce duplication of the services of state and county agencies in serving high-risk youth, including youth with school attendance or behavioral problems. (4) Reduce the number of dropouts in the state public education system by promoting interagency cooperation among those agencies which have as their goals preventing students from dropping out, and increasing the holding power of the public schools. (b) The Superintendent of Public Instruction shall coordinate and administer a state school attendance review board, as follows: (1) On or before January 31 of each year, the superintendent shall extend invitations of participation to representatives of appropriate groups throughout the state, including, but not limited to, representatives of school districts, parent groups, county probation departments, county welfare departments, county superintendents of schools, law enforcement agencies, community-based youth service centers, school guidance personnel, child welfare and attendance personnel, the health care profession and state associations having an interest in youth with school attendance or behavioral problems. The superintendent shall also request the participation of representatives from interested state agencies or departments, including, but not limited to, the Department of the California Youth Authority, the Department of Justice, the State Department of Social Services, and the Office of Criminal Justice Planning. To the extent feasible, members of the board shall include persons who are currently members of county or local school attendance review boards. For every year after the first year that the board is convened, the purpose of the invitations of participation shall be to inform appropriate groups, state agencies, and departments of the purposes of the board, to fill vacancies, and to supplement the membership of the board as necessary. (2) The superintendent shall prescribe an appropriate deadline for acceptance of invitations of participation as a member of the state school attendance review board for that particular year, and the invitations accepted on or before the deadline shall constitute the board for that year, except that the board shall also include a representative of the State Department of Education designated by the director of that department. The representative of the State Department of Education shall be the chairperson of the board. (3) The superintendent shall convene the board at least four times during the year. At its first meeting, the board shall elect any officers, other than its chairperson, as it deems necessary. Members of the board shall serve without compensation and without reimbursement of travel and living expenses. (4) The State Department of Education shall provide assistance as requested by the Superintendent of Public Instruction in order to implement the provisions of this section. (c) The state school attendance review board shall make recommendations annually to the Superintendent of Public Instruction, and to state agencies as deemed appropriate, regarding the needs and services provided to high-risk youth, including youth with school attendance or behavioral problems, in the state public schools, and shall propose uniform guidelines or other means to attain the goals stated in subdivision (a). (Amended by Stats. 2000, Ch. 222, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 8. School Attendance Review Boards [48320 - 48326] SECTION 48326. Source version: id_f8a7d25a-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=8. The department shall, by the beginning of the 2026–27 school year, post information on its internet website about the methods of reducing chronic absenteeism listed in subdivisions (a) to (g), inclusive. (a) Identifying barriers to attendance for chronically absent pupils through screenings and interpersonal data collection. (b) Developing and implementing absence intervention plans that may include supportive services for pupils and families. (c) Home visits to chronically absent pupils. (d) Counseling and wellness check-ins. (e) Workshop trainings for families of chronically absent pupils. (f) Partnering with public and nonprofit agencies to provide assistance to families and pupils to reduce absences. (g) Forming schoolsite absence intervention teams. Members of schoolsite absence intervention teams may include, but need not be limited to, the following: (1) A pupil personnel services (PPS) credentialholder. (2) A representative from the school or school district. (3) A representative from the school or school district who has a relationship with truant children. (4) A representative of community-based youth service centers. (5) A representative of child welfare and attendance personnel. (6) A representative of school or county health care personnel. (7) A representative of school, county, or community mental health personnel. (Added by Stats. 2024, Ch. 154, Sec. 1. (AB 2771) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 9. Improvement of Pupil Attendance [48340 - 48341] SECTION 48340. Source version: id_d6c2ab51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=9. In enacting this article it is the intent of the Legislature to encourage school districts and county offices of education maintaining any classes in kindergarten and grades 1 to 12, inclusive, to adopt pupil attendance policies based on the active involvement of parents, pupils, teachers, administrators, other personnel, and community members which include proposals and procedures for the following: (a) Notifying parents of pupil absences, including notification of parents on the day of each absence. (b) Increasing parent and pupil awareness of the importance of regular pupil attendance. (c) Auditing and accountability of pupil attendance. (d) Staff development for certificated and classified personnel. (e) Alternative learning programs designed to respond to the different ways pupils learn, such as independent study. (f) Joint efforts between law enforcement and schools, such as school level attendance review teams and periodic efforts to return truant pupils to school. (Added by Stats. 1980, Ch. 1329, Sec. 10.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 9. Improvement of Pupil Attendance [48340 - 48341] SECTION 48341. Source version: id_d6c2ab53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=9. The Superintendent of Public Instruction shall prepare and disseminate to school districts and county superintendents of schools information regarding effective practices to improve pupil attendance. (Added by Stats. 1980, Ch. 1329, Sec. 10.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 9.5. Local Educational Agency Instruction Collaboration Agreements [48345 - 48349] SECTION 48345. Source version: id_81dd4686-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=9.5. (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) Notwithstanding any other law, the governing board or body of a local educational agency may enter into an agreement with one or more local educational agencies to offer the same or similar corresponding individual courses and coursework to a pupil from another local educational agency subject to the agreement who has been impacted by any of the following: (1) Disruptions or cancellations in science, technology, engineering, and mathematics (STEM) classes. (2) Disruptions or cancellations in dual language immersion programs. (3) Teacher shortages in STEM classes or dual language immersion programs. (c) If the governing board or body of a local educational agency elects to accept pupils pursuant to subdivision (b), it shall determine the number of pupils it is willing to offer the same or similar corresponding individual courses or coursework to under this section and shall accept pupils who apply for the same or similar corresponding individual courses or coursework until the local educational agency is at maximum capacity. (d) The local educational agency accepting pupils pursuant to subdivision (b) shall ensure that the pupils admitted are selected through an unbiased process that prohibits an inquiry into, or evaluation or consideration of, whether or not a pupil should be authorized to participate in the course or coursework based upon the pupil’s academic or athletic performance, proficiency in English, physical condition, any of the individual characteristics set forth in Section 200, or family income. (e) If the number of pupils seeking a classroom opportunity pursuant to subdivision (b) exceeds the number of seats available in a classroom of the local educational agency offering to serve pupils from another local educational agency, the approval for study shall be determined by a random drawing held in public at a regularly scheduled meeting of the governing board or body of the local educational agency offering to serve pupils from another local educational agency. (f) Local educational agencies that enter into a collaborative agreement pursuant to subdivision (b) shall publicly post information to ensure that pupils and their families are aware of the opportunities to participate under the agreement. This publicly available information shall include, at a minimum, any applicable forms and the timelines for submissions pursuant to the agreement. (g) Notwithstanding any other law, the average daily attendance attributable to a pupil authorized to participate in the course or coursework by a local educational agency pursuant to this section shall remain with the local educational agency that the pupil originated from for purposes of state apportionment. The agreement entered into pursuant to subdivision (b) shall include an appropriate shared cost structure negotiated by the collaborating local educational agencies. (h) On or before January 1, 2028, the department shall evaluate the programs implemented pursuant to this section, including an analysis of whether pupils benefited from the programs and any obstacles to creating the programs. (Added by Stats. 2022, Ch. 711, Sec. 2. (SB 941) Effective January 1, 2023. Inoperative July 1, 2029, pursuant to Section 48349. Repealed as of January 1, 2030, pursuant to Section 48349.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 2. Compulsory Education Law [48200 - 48361] ARTICLE 9.5. Local Educational Agency Instruction Collaboration Agreements [48345 - 48349] SECTION 48349. Source version: id_81dd4688-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=2.&article=9.5. This article shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed. (Added by Stats. 2022, Ch. 711, Sec. 2. (SB 941) Effective January 1, 2023. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Article 9.5, commencing with Section 48345.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 1. Pupils Subject To [48400 - 48403] SECTION 48400. Source version: id_d6c431f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=1. All persons 16 years of age or older and under 18 years of age, not otherwise exempted by this chapter, shall attend upon special continuation education classes maintained by the governing board of the high school district in which they reside, or by the governing board of a neighboring high school district, for not less than four 60-minute hours per week for the regularly established annual school term. Such minimum attendance requirement of four 60-minute hours per week may be satisfied by any combination of attendance upon special continuation education classes and regional occupational centers or programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 1. Pupils Subject To [48400 - 48403] SECTION 48401. Source version: id_d6c431fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=1. The complaint of any citizen of a school district that such school district has failed to meet the requirements of providing continuation education classes pursuant to this chapter shall be presented to the county superintendent of the county in which such district is located. If, upon investigation, the county superintendent of schools finds the complaint to be justified, he shall forward the complaint along with the results of his investigation to the Superintendent of Public Instruction who shall take steps to enforce compliance with the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 1. Pupils Subject To [48400 - 48403] SECTION 48402. Source version: id_d6c431fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=1. Whenever a minor subject to the provisions of this chapter, who is not otherwise exempted by this chapter, cannot give satisfactory proof of regular employment he shall attend, for not less than 15 hours per week, special continuation education classes during the period of unemployment. The minimum attendance requirement of 15 hours per week may be satisfied by any combination of attendance upon special continuation education classes and regional occupational centers or programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 1. Pupils Subject To [48400 - 48403] SECTION 48403. Source version: id_d6c431ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=1. If any person subject to the provisions of this chapter is an habitual truant or is irregular in attendance as required by this chapter or is habitually insubordinate or disorderly during attendance at school, the county superintendent of schools may request a petition on his behalf in the juvenile court of the county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 2. Pupils Exempt [48410 - 48416] SECTION 48410. Source version: id_d6c5b8a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=2. There are exempted from compulsory attendance in continuing education classes as otherwise required by Sections 48400 and 48402, persons who: (a) Have been graduated from a high school maintaining a four-year course above the eighth grade of the elementary schools, or who have had an equal amount of education in a private school or from a private tutor. (b) Are in attendance upon a public or private full-time day school, or satisfactory part-time classes maintained by other agencies. (c) Are disqualified for attendance in these classes because of their physical or mental condition, or because of personal services that must be rendered to their dependents. (d) Are satisfactorily attending a regional occupational program or center as provided in Section 48432. (e) Have successfully demonstrated proficiency equal to or greater than standards established by the State Department of Education pursuant to Section 48412, and have verified approval submitted by their parent or guardian. (f) Are subject to Section 48400 but not Section 48402 and are in attendance upon classes for adults for not less than four clock hours per calendar week. (g) Are exempt from compulsory school attendance under Section 48231. (Amended by Stats. 1993, Ch. 1296, Sec. 10. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 2. Pupils Exempt [48410 - 48416] SECTION 48412. Source version: id_acd3b81b-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=2. (a) (1) A person 16 years of age or older, or who has been enrolled in grade 10 for one school year or longer, or who will complete one school year of enrollment in grade 10 at the end of the semester during which the next regular examination will be conducted, may have their proficiency in basic skills taught in public high schools verified according to criteria established by the department. (2) The state board shall award a “certificate of proficiency” to persons who demonstrate that proficiency. The certificate of proficiency shall be equivalent to a high school diploma, and the department shall keep a permanent record of the issuance of all certificates. (b) (1) (A) The department shall develop standards of competency in basic skills taught in public high schools and shall provide for the administration of examinations prepared by or with the approval of the department to verify competency. Regular examinations shall be held at least once in the fall semester and at least once in the spring semester of every school year on dates, as determined by the department, that will enable notification of examinees and the schools they attend, if any, of the results of the examinations not later than two weeks before the date on which that semester ends in a majority of school districts that maintain high schools. (B) For the 2020–21 school year, regular examinations shall be offered only if they can be administered in accordance with state and local public health orders, as determined by the Superintendent. (2) In addition to regular examinations, the department may, at the discretion of the Superintendent, conduct examinations for all eligible persons at least once during each summer recess and may conduct examinations at any other time that the Superintendent deems necessary to accommodate eligible persons whose religious convictions or physical handicaps prevent their attending one of the regular examinations. (c) (1) The department may charge a fee for each examination application in an amount sufficient to recover the costs of administering the requirements of this section. However, the fee shall not exceed an amount equal to the cost of test renewal and administration per examination application. Pursuant to Section 16370 of the Government Code, there is hereby authorized in the State Treasury a Special Deposit Fund Account, which shall consist of fees that may be prescribed by this section. All of the fees collected are hereby appropriated, without regard to fiscal years, for the support of the department to be used pursuant to this section. (2) The department shall not charge the fee to an examinee who meets all of the following criteria: (A) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (h). (B) The examinee has not attained 25 years of age as of the date of the scheduled examination. (C) For an examinee who qualifies as a homeless child or youth pursuant to subparagraph (A), the examinee can verify the examinee’s status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this subparagraph. (3) For purposes of this subdivision, a “homeless services provider” includes either of the following: (A) A homeless services provider listed in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code. (B) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. (4) The loss of fees pursuant to paragraph (2), if any, shall be deemed to be a cost of administering this section for purposes of paragraph (1). (d) (1) The state board shall adopt rules and regulations as necessary for implementation of this section. (2) Notwithstanding paragraph (1), the state board shall adopt emergency regulations, as necessary, to implement the provisions of subdivision (c), as amended by Chapter 384 of the Statutes of 2015. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (e) The department shall periodically review the effectiveness of the examinations administered pursuant to this section. The costs of this review may be recovered through the fees levied pursuant to subdivision (c). (f) (1) On or before December 1, 2018, the Superintendent shall submit a report to the appropriate policy and fiscal committees of the Legislature that includes, but is not limited to, all of the following: (A) The number of homeless youth and foster youth that took a high school proficiency test in each of the 2016, 2017, and 2018 calendar years. (B) The impact of the opportunity to take a high school proficiency test at no cost on the number and percentage of homeless youth and foster youth taking a high school proficiency test. (C) The estimated number of homeless youth and foster youth who may take a high school proficiency test in future years. (D) Recommendations for a permanent funding source to cover the cost of the waived fees. (E) The annual and projected administrative cost to the department. (F) The annual and projected reimbursement to contractors pursuant to this section. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2020, pursuant to Section 10231.5 of the Government Code. (g) Additional state funds shall not be appropriated for purposes of implementing paragraph (2) of subdivision (c). (h) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria: (1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from the child’s home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. (2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from the child’s home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. (Amended by Stats. 2024, Ch. 38, Sec. 51. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 2. Pupils Exempt [48410 - 48416] SECTION 48413. Source version: id_d6c73f47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=2. Persons 16 years of age or older and under 18 years of age who have not been graduated from high school shall be permitted by the governing board to enroll in continuation classes conducted by the school district pursuant to Article 3 (commencing with Section 48430) of this chapter if such enrollment does not preclude attainment of the goals of continuation education schools and classes prescribed in Article 3 (commencing with Section 48430) of this chapter, as determined by the governing board. The provisions of Article 5 (commencing with Section 48260) of Chapter 2 of this part shall be applicable to such persons. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 2. Pupils Exempt [48410 - 48416] SECTION 48414. Source version: id_d6c73f49-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=2. Any person 16 or 17 years of age exempt from compulsory continuation attendance laws by subdivision (e) of Section 48410 who has terminated his enrollment on the basis of such exemption shall be permitted by the governing board of the school district in which he resides to reenroll in the district, without prejudice, as if he had never taken advantage of subdivision (e) of Section 48410. If such person subsequently again terminates enrollment on the basis of such exemption, the district may deny him reenrollment until the beginning of the next semester in the district’s academic year. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 2. Pupils Exempt [48410 - 48416] SECTION 48415. Source version: id_d6c73f4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=2. In the case of attendance upon private school, exemption from the requirements of attendance upon compulsory continuation education shall be valid only after verification by the attendance supervisor of the district, or other person designated by the board of education, that the private school has complied with the provisions of Section 33190 requiring the annual filing by the owner or other head of a private school of an affidavit or statement of prescribed information with the Superintendent of Public Instruction. The verification required by this section shall not be construed as an evaluation, recognition, approval, or endorsement of any private school or course. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 2. Pupils Exempt [48410 - 48416] SECTION 48416. Source version: id_d6c8c5ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=2. Notwithstanding any other provision of law, a child who, at the time a leave of absence is to begin, will be between the ages of 16 and 18, inclusive, may take a leave of absence from compulsory continuation education classes or, if exempted pursuant to subdivision (b) of Section 48410, from the school that the child attends, for a period of up to two semesters, if all the following conditions are satisfied: (a) The school district governing board adopts a written policy to allow student leaves of absence consistent with this section. (b) The purpose of the leave is supervised travel, study, training, or work not available to the student under another education option. (c) A written agreement is entered into that is signed by the child, the child’s parent or guardian, the principal or administrative officer of the school that the child would otherwise attend, a classroom teacher familiar with the child’s academic progress selected by the child, and the district supervisor of child welfare and attendance, and that provides for all of the following: (1) The purpose of the leave. (2) The length of time the child will be on leave. (3) A meeting between or contact with the child and a school official designated in the agreement at least once a month while the child is on leave. (4) A statement incorporating the provisions contained in subdivision (b). (d) The child shall be entitled to return to school at any time. No child who takes a leave of absence shall be penalized from completing his or her academic requirements within a time period equal to that of classmates who did not take a leave of absence, plus a period of time equal to the leave of absence. However, when a child reenrolls at any time other than the beginning of a semester, the school shall not be required to give makeup sessions during that semester for the classes that the child has missed. (e) A leave of absence may be extended for an additional semester upon approval by all parties to the written agreement and the local school attendance review board. (f) No leave of absence may be taken that would continue past the end of the school year in which the leave is taken. (g) If the student does not contact the designated school official as stipulated in the written agreement, the leave of absence shall be nullified. Any party to the written agreement may nullify the written agreement for cause at any time. (h) No more than 1 percent of the students enrolled and in attendance at each school shall be permitted to take a leave of absence during each academic year. (Added by Stats. 1988, Ch. 21, Sec. 1. Effective March 7, 1988.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48430. Source version: id_d6c8c5f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. It is the intent of the Legislature that continuation education schools and classes shall be established and maintained to provide all of the following: (1) An opportunity for pupils to complete the required academic courses of instruction to graduate from high school. (2) A program of instruction which emphasizes occupational orientation or a work-study schedule and offers intensive guidance services to meet the special needs of pupils. (3) A program designed to meet the educational needs of each pupil, including, but not limited to, independent study, regional occupation programs, work study, career counseling, and job placement services, as a supplement to classroom instruction. (Amended by Stats. 1983, Ch. 498, Sec. 83. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48431. Source version: id_d6c8c5f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. The governing board of each high school district shall establish and maintain a program of guidance, placement, and followup for all minors within the district subject to compulsory continuation education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48432. Source version: id_d6ca4c99-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. The governing board of each high school district and each unified school district shall establish and maintain within its boundaries special continuation education classes and may establish and maintain regional occupational centers or programs, in accordance with the provisions of Section 52301, whenever there are any minors residing within the district who are subject to compulsory continuation education; provided, that if there are fewer than 100 students enrolled in grade 12 in any school of the district maintaining that grade, the governing board of the district may apply to the State Department of Education for exemption of that school from the requirements of this section and such exemption may be granted in accordance with rules and regulations that shall be adopted by the State Board of Education to govern the granting of the exemptions. An exemption may also be granted to schools having an enrollment of more than 100 pupils in grade 12 if the district seeking the exemption has entered into an agreement with another high school district or unified school district to maintain special continuation education classes for minors residing in either of the districts, but shall not be granted if the agreement would make it necessary for such minors to travel an excessive distance from their homes to the continuation education classes. If there is a regional occupational center or program as provided in Article 1 (commencing with Section 52300) of Chapter 9 of Part 28, of this division within a county, the governing board of any school district within that county may enroll minors, otherwise subject to, and in lieu of, continuation education, in the center or program in accordance with the provisions of Section 52314. Any minor admitted to a regional occupational center or program under the provisions of Section 52314.5 shall be considered to have enrolled in the regional occupational center or program in lieu of continuation education classes. Nothing in this section shall prohibit a minor from enrolling in a program of continuation education or a regular high school program if the minor voluntarily chooses to enroll in the program. (Amended by Stats. 1982, Ch. 814, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48432.3. Source version: id_876fcc60-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. (a) If the governing board of a school district chooses to voluntarily enroll high school pupils in a continuation school, the governing board of the school district shall establish and adopt policies and procedures governing the identification, placement, and intake procedures for these pupils. These policies and procedures shall ensure that there is a clear criterion for determining which pupils may voluntarily transfer or be recommended for a transfer to a continuation school and that this criterion is not applied arbitrarily, but is consistently applied on a districtwide basis. Approval for the voluntary transfer of a pupil to a continuation school shall be based on a finding that the voluntary placement will promote the educational interests of the pupil. (b) The policies and procedures adopted under this section shall also ensure all of the following: (1) That voluntary placement in a continuation school shall not be used as an alternative to expulsion unless alternative means of correction have been attempted pursuant to Section 48900.5. (2) Shall strive to ensure that no specific group of pupils, including a group based on race, ethnicity, language status, or special needs, is disproportionately enrolled in continuation schools within the school district. (3) If the governing board of a school district chooses to permit pupils to voluntarily transfer to a continuation school, a copy of the policies and procedures adopted under this section shall be provided to a pupil whose voluntary transfer to a continuation school is under consideration, and to the parent or legal guardian of that pupil. (4) That the transfer is voluntary and the pupil has a right to return to his or her previous school. (5) Upon a parent or legal guardian’s request and before a pupil is transferred, the parent or legal guardian may meet with a counselor, principal, or administrator from both the transferor school and the continuation school to determine if transferring is the best option for the pupil. (6) To the extent possible, voluntary transfer to a continuation school occurs within the first four weeks of each semester. (Added by Stats. 2013, Ch. 365, Sec. 1. (AB 570) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48432.5. Source version: id_a33c3761-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. (a) The governing board of each high school or unified school district that assigns pupils to continuation schools shall adopt rules and regulations governing procedures for the involuntary transfer of pupils to continuation schools. (b) The rules and regulations shall provide that written notice be given to the pupil and the pupil’s parent or guardian or, if the pupil is a foster child, the foster child’s educational rights holder, attorney, and county social worker, or, if the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the Indian child’s tribal social worker and, if applicable, county social worker informing them of the opportunity to request a meeting with a designee of the district superintendent of schools before the transfer. (c) At the meeting, the pupil, the pupil’s parent or guardian, or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker or, if applicable, county social worker shall be informed of the specific facts and reasons for the proposed transfer and shall have the opportunity to inspect all documents relied upon, question any evidence and witnesses presented, and present evidence on the pupil’s behalf. The pupil may designate one or more representatives and witnesses to be present with the pupil at the meeting. (d) A decision to transfer the pupil involuntarily shall be based on a finding that the pupil committed an act enumerated in Section 48900, or has been habitually truant or irregular in attendance from instruction upon which the pupil is lawfully required to attend. (e) The decision to transfer shall be in writing, stating the facts and reasons for the decision, and sent to the pupil and the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker. It shall indicate whether the decision is subject to periodic review and the periodic review procedure. (f) The persons involved in the final decision to make an involuntary transfer of a pupil to a continuation school shall not be a member of the staff of the school in which the pupil is enrolled at the time that the decision is made. (g) A pupil, with the concurrence of a designee of the district superintendent of schools, may transfer voluntarily to a continuation school in order to receive special attention such as individualized instruction. (h) Involuntary transfer to a continuation school shall be imposed only when other means fail to bring about pupil improvement; provided that a pupil may be involuntarily transferred the first time the pupil commits an act enumerated in Section 48900 if the principal determines that the pupil’s presence causes a danger to persons or property or threatens to disrupt the instructional process. (i) An involuntary transfer to a continuation school shall not extend beyond the end of the semester following the semester during which the acts leading directly to the involuntary transfer occurred unless the governing board of the school district adopts a procedure for yearly review of the involuntary transfer conducted pursuant to this section at the request of the pupil, the pupil’s parent or guardian, or, if applicable, the foster child’s educational rights holder, attorney, or county social worker, or, if applicable, the Indian child’s tribal social worker or, if applicable, county social worker. (j) A pupil who has voluntarily transferred to a continuation school shall have the right to return to the regular high school at the beginning of the following school year and, with the consent of a designee of the district superintendent of schools, may return at any time. (Amended by Stats. 2023, Ch. 131, Sec. 36. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48433. Source version: id_d6ca4c9d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. Special continuation education classes or classes conducted by a regional occupational center or any combination thereof shall provide at least four 60-minute hours of instruction per week for each minor within the high school district who is subject to compulsory continuation education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48434. Source version: id_d6ca4c9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. (a) Except as otherwise provided in subdivision (b), such classes shall be maintained during the district’s regular school hours, or during special school hours for these classes established by the governing board. (b) If the school district maintains classes for adults, the governing board of the school district may maintain continuation education classes during such hours and for such length of time during the day or evening as the classes for adults are maintained. (Amended by Stats. 1983, Ch. 365, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48435. Source version: id_d6ca4ca1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. Such classes shall provide suitable instruction for the various individuals for whose benefit they are established. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48436. Source version: id_d6cbd343-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. The State Board of Education shall prescribe and enforce standards and regulations for the organization and administration of programs of guidance, placement and followup, for programs of coordination and instruction in continuation education, for the special reimbursement thereof, and for the certification of teachers and coordinators for continuation education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48437. Source version: id_d6cbd345-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. The governing board of a school district or school districts, as the case may be, maintaining special continuation education classes may accept and expend grants from the federal government or from other public or private sources for the purpose of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 3. Continuation Classes [48430 - 48438] SECTION 48438. Source version: id_d6cbd347-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=3. It is the intent of the Legislature that special funds for eligible pupils be expended by the continuation schools in which those pupils are enrolled. State and federal categorical funds shall be allocated to continuation schools in the same manner as to comprehensive schools to the maximum extent permitted by state and federal laws and regulations. (Added by Stats. 1983, Ch. 498, Sec. 87. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 4. Violations [48450 - 48454] SECTION 48450. Source version: id_d6cbd34b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=4. Each parent, guardian, or other person having control or charge of any minor required to attend special continuation education classes, shall compel the attendance of the minor upon the classes. He shall retain a copy of the permit to work and shall present it upon request of any officer of the law, or other person authorized to enforce the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 4. Violations [48450 - 48454] SECTION 48451. Source version: id_d6cd59ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=4. The governing board of any high school district in which a minor resides who violates the provisions of this chapter shall, on the complaint of any person, make full and impartial investigation of all charges against any parent, guardian, or other person having control or charge of the minor for violation of the provisions of Section 48450. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 4. Violations [48450 - 48454] SECTION 48452. Source version: id_d6cd59ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=4. If it appears upon the investigation that any parent, guardian, or other person having control or charge of the minor has violated the provisions of Section 48450, the clerk of the board, or other person authorized by the board to bring such actions, shall make and file in the proper court a criminal complaint against the parent, guardian, or other person having control or charge of the minor, charging the violation, and shall see that the charge is prosecuted by the proper authorities. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 4. Violations [48450 - 48454] SECTION 48453. Source version: id_d6cd59f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=4. In cities, and in cities and counties, and in school districts having an attendance supervisor, the attendance supervisor shall make and file the complaint provided for in this article, and shall see that the charge is prosecuted by the proper authorities. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 3. Compulsory Continuation Education [48400 - 48454] ARTICLE 4. Violations [48450 - 48454] SECTION 48454. Source version: id_d6cd59f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=3.&article=4. Any parent, guardian, or other person having control or charge of any minor subject to this chapter who fails to perform any of the duties imposed upon him by the provisions of Section 48450 is guilty of a misdemeanor, and shall be punished as follows: (1) Upon a first conviction, by a fine of not more than fifty dollars ($50) or by imprisonment in the county jail for a period of not more than five days. (2) Upon a second or subsequent conviction, by a fine of not less than fifty dollars ($50) or more than five hundred dollars ($500), by imprisonment in the county jail for a period of not less than five days or more than 25 days, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 86. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48600. Source version: id_549cc06a-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. (a) The purpose of this article is to provide for the operation of 24-hour elementary schools, established pursuant to Article 27 (commencing with Section 940) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, for minors between the ages of 8 and 16 years and to provide for the attendance, maintenance, care, home supervision, guidance, observation, and education of minors attending the schools, and to provide the minors with that vocational, family and consumer sciences, mental, moral, physical, and other training that will tend to strengthen and develop them and enable them to become good and useful citizens. The staff of every 24-hour school shall make adjustments as rapidly as possible so that the period of time the child is away from ordinary community life is as brief as possible. They shall place the minors in properly licensed children’s institutions where they will be assured of suitable educational opportunities, and shall cooperate with child placement agencies to this end and to stimulate proper care of the minors by their parents. (b) For purposes of this article, the county superintendent of schools has the primary authority to provide for the education and training of minors in 24-hour schools within the county. (Amended by Stats. 2020, Ch. 370, Sec. 78. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48601. Source version: id_d6cee09b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. This article shall be construed in conformity with the intent as well as the express provisions thereof and shall confer upon the county probation officer, and the county superintendent or governing board, as the case may be, of any 24-hour school that may be created authority to do all those lawful acts which it may deem necessary to promote the prosperity of the school, or to promote the well-being and education of all minors entrusted to its charge. (Enacted to Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48602. Source version: id_d6cee09d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The county superintendent of schools or the governing board of the district, as the case may be, which shall have, in reference to 24-hour schools, the same powers and duties which are now or may hereafter be assigned by law for the management of other schools. A 24-hour school established by a school district maintaining elementary schools shall be one of the public elementary schools of the district. The average daily attendance of each such school shall be reported to the Superintendent of Public Instruction for purposes of allowances and apportionments from the State School Fund in the manner otherwise prescribed by and pursuant to law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48603. Source version: id_d6d0673f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The cost of securing sites or constructing and equipping buildings and in general the cost of housing and equipping any 24-hour school, including the necessary dormitories, dining halls, and other living quarters for pupils and employees of the county or the district shall be a charge against the funds of the county or school district maintaining it. The county superintendent or governing board of any district, as the case may be, may employ such principals, assistants, teachers, and employees as it deems necessary for the proper conduct of the 24-hour school and may pay them from available funds. The expenses of lodging and boarding pupils residing within the buildings of any 24-hour school shall be paid from the sums received from contracts with the parents or guardians of the pupils, or from the funds of the county within which the school is located paid to the school district, if applicable, in pursuance of court orders for the maintenance of pupils. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48604. Source version: id_d6d06741-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The superintendent appointed pursuant to Section 942 of the Welfare and Institutions Code may reside in the 24-hour school and may be furnished suitable quarters, furniture, food, supplies, and laundry for himself and his family. The county superintendent or governing board of the district, as the case may be, may make provision for the employment of such certificated personnel, including a principal, and such classified personnel at such school as may be necessary for the education and training of the minors enrolled. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48605. Source version: id_d6d06743-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. Admission and discharge of minors with behavioral disorders to programs provided under the provisions of this article shall be made only on the basis of an individual evaluation according to standards established by the State Board of Education and upon the recommendation of an admissions committee which shall include a teacher, a psychologist, a school nurse or social worker, a principal or supervisor, an attendance supervisor, a licensed physician, a representative of the probation department and a representative of the social welfare department of the county in which the 24-hour school is located. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48606. Source version: id_d6d06745-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The board of admission, or some person or persons designated by it, shall investigate the case of any child whose name is submitted in writing accompanied by a signed statement for consideration for admission to the school and shall make recommendations in each case. The board of admission shall observe the progress of each child, and shall advise and recommend his release as soon as sufficient progress is indicated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48607. Source version: id_bf012519-6775-11dc-8af0-bbc91aab7dbd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The county superintendent or governing board, as the case may be, maintaining a 24-hour school may accept in the school any minor between the ages of 8 and 16 years who is a resident of the county or the school district, as the case may be, whose parent or guardian does not exercise proper care, supervision, and guidance over him, or who is, by reason of insubordinate conduct, or refusal to obey the rules and regulations of the school authorities, in need of special educational training and discipline to prevent him from becoming subject to the provisions of the juvenile court law. The pupil may be assigned to the school by order of the county superintendent or the superintendent of schools of the district, as the case may be, approved in writing by the parent, or guardian in compliance with the recommendation of the board of admission. If the parent or guardian of the pupil enters into a contract with the county or school district, as the case may be, for the support of the pupil, he may be maintained in the school for the period of the assignment. (Enacted by Stats. 1976, Ch. 1010 (1st text).) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48608. Source version: id_d6d06749-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. If the parent or guardian of the pupil refuses to enter into a contract providing for the payment to the county or school district, as the case may be, of a sum sufficient to meet the average cost of maintaining a pupil within the school, including meals and a reasonable sum for lodging, and if the presence of the child within another school of the county or district, as the case may be, or within its home is a menace to the future welfare of other children or of the child itself, the county superintendent or superintendent of schools of the district, as the case may be, shall cause to be filed in the superior court of the county, acting in the department of the court performing the functions of the juvenile court or in any other court of competent jurisdiction, a complaint asking for an order of the court, committing the child to the 24-hour school and fixing the amount the parent or guardian shall pay for his maintenance until such time as the county superintendent or superintendent of schools of the district, as the case may be, reports to the court that the best interests of the minor will be served by his discharge from the school. A copy of the complaint shall at the same time be furnished the parent or guardian. If the parent or guardian is unable to pay the amount, the court may in the order provide for the payment by the county of a sum sufficient to cover the costs of maintenance of the child during the period of his commitment to the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48609. Source version: id_453e9e37-6c2a-11dc-bfc4-d021d09ce77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The principal of any school in the county or district, as the case may be, in which there has been established a 24-hour school shall report to the county superintendent or superintendent of schools of the district, as the case may be, after conference held with the parent or guardian, any pupil in his school who he believes comes within the provisions and intent of this article. This report shall be in writing and shall set forth the facts upon which he believes that the child comes within the provisions of this article. (Added by renumbering Section 48607 (2nd text in Stats. 1976, Ch. 1010) by Stats. 1977, Ch. 242.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48610. Source version: id_d6e1302d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. Any minor who has been placed in the care and control of the 24-hour school without the consent of the parent or guardian, shall remain therein, if placed by order of the court, for the duration of the period provided by the order, or until recommendation is made by the admissions and discharge committee to the court requesting that consideration be given the minor’s release. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48611. Source version: id_d6e1302f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. If the minor has been placed in the 24-hour school by order of the county superintendent or superintendent of schools of the district, as the case may be, the parent or guardian with whose consent the minor was placed in the school, upon application to the county superintendent or superintendent of schools, as the case may be, who placed him therein, may secure the release of the minor and his restoration to the care, custody, and control of the parent or guardian. The county superintendent or superintendent of the district, as the case may be, shall require a written report from the principal of the 24-hour school, giving the progress of the child and the advisability of the release of the child from the 24-hour school. If the report indicates that the minor is in need of further care and treatment and that his release would be detrimental to his own welfare or the welfare of others, the county superintendent or superintendent of the district, as the case may be, may report the minor to the juvenile court or other proper court for action. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48612. Source version: id_d6e2b6d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. If, in the opinion of the principal of any 24-hour school, the further detention of any minor is detrimental to the minor, the minor may upon order of the principal be returned to the county superintendent or superintendent of schools of the district, as the case may be, in which the school is located or to the court which committed him, as may seem necessary for the best interest of the child. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48613. Source version: id_d6e2b6d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. Any pupil who absents himself from any 24-hour elementary school without permission being first obtained from the principal shall be deemed an habitual truant within the meaning of Section 601 of the Welfare and Institutions Code, and dealt with as such. Any person who contributes to the absence of any pupil from the school without permission first having been obtained from the principal, or advises, connives at, or aids or assists in such absence or conceals any pupil after such absence is guilty of a misdemeanor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48614. Source version: id_d6e2b6d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The course of study for the pupils and the methods used in enforcing the course of study shall be approved by the county superintendent or the governing board of the district, as the case may be. There shall also be provided in the schools the proper facilities and equipment for vocational and trade training. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48615. Source version: id_d6e2b6d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. Each 24-hour school may conduct clinics for the diagnosis and observation of children and may advise parents and school authorities regarding courses of study or treatment in the interests of the normal development of any child and to prevent waywardness and delinquency. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48616. Source version: id_d6e2b6d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The funding of the educational vocational program conducted in a 24-hour school shall be in the manner described by Section 41703 when maintained by the county superintendent of schools. Twenty-four-hour schools maintained by the county superintendent shall be considered a necessary small school as defined by Section 41702. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48617. Source version: id_d6e2b6db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The county probation officer having management and control of a 24-hour school may enter into a contract with any other county or state agency to provide for the supervision, care and treatment of the minors placed in the 24-hour school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 1. Twenty-four Hour Elementary Schools [48600 - 48618] SECTION 48618. Source version: id_d6e2b6dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=1. The enrollment in each 24-hour school shall be limited to the standards established under Section 56615. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2. Opportunity Schools [48640 - 48641] SECTION 48640. Source version: id_1d1e534a-82f4-11dc-9b7f-ded0cef8c8a3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2. Opportunity schools established pursuant to this article by the county board of education shall be limited to counties which have an average daily attendance of less than 8,000. (Enacted by Stats. 1976, Ch. 1010. Note: The Jan. 1, 2006, article repeal date (in former Section 48642) was made inapplicable to this section by Stats. 2005, Ch. 118, Sec. 10.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2. Opportunity Schools [48640 - 48641] SECTION 48641. Source version: id_1d7f861c-82f4-11dc-9b7f-ded0cef8c8a3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2. An opportunity school established by a county board of education in a county which has an average daily attendance of less than 8,000 shall be deemed to be in lieu of any continuation education program, and shall excuse the school districts within the county from complying with otherwise applicable statutes requiring the establishment of continuation education schools. (Enacted by Stats. 1976, Ch. 1010. Note: The Jan. 1, 2006, article repeal date (in former Section 48642) was made inapplicable to this section by Stats. 2005, Ch. 118, Sec. 10.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48645. Source version: id_d6ea582b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. The purpose of this article is to provide for the administration and operation of public schools in juvenile halls, juvenile homes, day centers, juvenile ranches, juvenile camps, regional youth educational facilities, or Orange County youth correctional centers in existence and providing services prior to the effective date of the amendments to this section made by the Statutes of 1989, established pursuant to Article 23 (commencing with Section 850), Article 24 (commencing with Section 880), Article 24.5 (commencing with Section 894) of Chapter 2 of Division 2, or Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5, of the Welfare and Institutions Code or in any group home housing 25 or more children placed pursuant to Sections 362, 727, and 730, of the Welfare and Institutions Code or in any group home housing 25 or more children and operating one or more additional sites under a central administration for children placed pursuant to Section 362, 727, or 730 of the Welfare and Institutions Code, with acceptable school structures at one or more centrally located sites to serve the single or composite populations, and to provide the juvenile court school pupils therein detained with quality education and training. Nothing in this section shall be construed as indicating that it is the intent of the Legislature to prevent juvenile court school pupils who are housed in group homes from enrolling in regular public schools, or that it is the intent of the Legislature to transfer the responsibility for any costs associated with the operation of group homes to the counties. The Orange County Office of Education shall only provide educational services in youth correctional centers for individuals up to 19 years of age. (Amended by Stats. 1989, Ch. 929, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48645.1. Source version: id_d6ea582d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. Public schools or classes in any juvenile hall, juvenile home, day center, juvenile ranch, juvenile camp, regional youth educational facility, or Orange County youth correctional center in existence and providing services prior to the effective date of the amendments to this section made by the Statutes of 1989, established in accordance with Article 23 (commencing with Section 850), Article 24 (commencing with Section 880), and Article 24.5 (commencing with Section 894) of Chapter 2 of Division 2, or Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5, of the Welfare and Institutions Code, or in any group home housing 25 or more children and operating one or more additional sites under a central administration, with acceptable school structures at one or more centrally located sites to serve the single or composite populations of juvenile court school pupils detained therein in accordance with the provisions of Section 362, 727, or 730 of the Welfare and Institutions Code, shall be known as juvenile court schools. (Amended by Stats. 1989, Ch. 929, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48645.2. Source version: id_d6ea582f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. The county board of education shall provide for the administration and operation of juvenile court schools established pursuant to Section 48645.1: (a) By the county superintendent of schools, provided that, in any county in which the board of supervisors is establishing or maintaining juvenile court schools on January 1, 1978, the county superintendent of schools may contract with the board of supervisors for the administration and operation of such schools if agreed upon between the board of education and the board of supervisors. In any event, the county superintendent of schools may contract with other educational agencies for supporting services to the same extent that school districts may contract with other such agencies. (b) By contract with the respective governing boards of the elementary, high school, or unified school district in which the juvenile court school is located. (Added by Stats. 1977, Ch. 430.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48645.3. Source version: id_68aa7916-e418-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. (a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 1 (commencing with Section 51200) to Article 3 (commencing with Section 51220), inclusive, of Chapter 2 of Part 28, except subdivision (c) of Section 51220. (b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies. (c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools. (2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency. (d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University. (Amended by Stats. 2017, Ch. 754, Sec. 1. (AB 1124) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48645.5. Source version: id_2d91a15c-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. (a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of the pupil’s school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma. (b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that the pupil has had contact with the juvenile justice system, including, but not limited to: (1) Arrest. (2) Adjudication by a juvenile court. (3) Formal or informal supervision by a probation officer. (4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school. (c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school. (d) (1) If a pupil transfers into a juvenile court school any time after the completion of the pupil’s second year of high school and completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, and the pupil is in their third or fourth year of high school, the county office of education shall exempt the pupil from all coursework or other requirements of the county office of education that are in addition to the statewide coursework specified in Section 51225.3, unless the county office of education makes a finding that the pupil is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. (2) To determine whether a juvenile court school pupil is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupil’s school enrollment, or, for pupils with significant gaps in school attendance, the pupil’s age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. (3) Within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, the county office of education shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption. If the county office of education fails to provide timely notice pursuant to this section, the pupil shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. (4) The county office of education shall comply with all of the requirements of Section 48645.7. (e) If a juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupil’s fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, the county office of education shall not require or request that the pupil graduate before the end of the pupil’s fourth year of high school. (f) For the purposes of this section, “local graduation requirements” means the coursework and other requirements for high school graduation adopted by the county board of education. (Amended by Stats. 2024, Ch. 703, Sec. 1. (AB 2181) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48645.6. Source version: id_d6ebded5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. Plans for any juvenile court school classrooms, offices, or any other school structures in any juvenile hall, juvenile home, day center, juvenile ranch, or juvenile camp shall be approved by the county board of education. Upon approval of the board of supervisors and the county board of education, the cost of such structures shall be a required charge against the funds of the county. The cost of constructing or otherwise providing classrooms, offices, or other onsite school structures in group homes or other agencies housing children described in Sections 362, 727, and 730 of the Welfare and Institutions Code shall be the responsibility of the private agency. This contruction shall not entitle private agencies to an increase in the foster care reimbursement rates available from the State Department of Social Services or any other state agency. It is the intent of the Legislature that nothing in this section shall be construed to preclude the county boards of education or the governing boards of school districts from entering into a contractual agreement providing compensation to group homes for the use of classrooms, offices, or other onsite school structures. (Amended by Stats. 1982, Ch. 407, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48645.7. Source version: id_3196129e-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. (a) When a juvenile court school pupil qualifies for an exemption from local graduation requirements pursuant to subdivision (d) of Section 48645.5, the county office of education shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker and probation officer of all of the following: (1) The availability of the exemption pursuant to subdivision (d) of Section 48645.5. (2) How any of the local graduation requirements that are waived may affect the pupil’s postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education. (3) Information about other opportunities available to the pupil, including, but not limited to, staying enrolled in high school beyond the fourth year, possible credit recovery, and any transfer opportunities available through the California Community Colleges. (4) The pupil’s or the education rights holder’s, as applicable, option to allow the pupil to defer or decline the exemption and take additional coursework pursuant to paragraph (4) of subdivision (b) or subdivision (c). (5) The pupil’s academic data and any other information relevant to making an informed decision on whether to accept the exemption from local graduation requirements. (b) If a county office of education determines that a juvenile court school pupil is reasonably able to complete the local graduation requirements after the pupil’s fourth year of high school, the county office of education shall do all of the following: (1) Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupil’s option to remain in school after the pupil’s fourth year to complete the local graduation requirements. (2) Consult with the pupil and the person holding the right to make educational decisions for the pupil, about how remaining in school after the pupil’s fourth year to complete the local graduation requirements will affect the pupil’s ability to gain admission to an institution of higher education. (3) Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges. (4) Permit the pupil to stay in school after the pupil’s fourth year to complete the local graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. (c) A juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to subdivision (d) of Section 48645.5 and who would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. (d) (1) If a juvenile court school pupil who is eligible for an exemption from local graduation requirements pursuant to subdivision (d) of Section 48645.5 is not exempted or if the pupil or the education rights holder, as applicable, has previously deferred or declined an exemption pursuant to paragraph (4) of subdivision (b) or subdivision (c), a county office of education shall grant an exemption within 30 days if it is requested by the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, by the education rights holder. (2) If a juvenile court school pupil is eligible for an exemption from local graduation requirements pursuant to subdivision (d) of Section 48645.5, a county office of education shall not revoke that eligibility. (3) If a former juvenile court school pupil is eligible for an exemption from local graduation requirements pursuant to subdivision (d) of Section 48645.5, that right shall continue to apply after the termination of the court’s jurisdiction over the pupil. (e) A county office of education shall not require or request a juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section. (f) A juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, and the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (g) (1) A complaint of noncompliance with the requirements of this section may be filed with the county office of education under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a county office of education may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (3) If a county office of education finds merit in a complaint, or if the Superintendent finds merit in an appeal, the county office of education shall provide a remedy to the affected pupil. (4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (h) If a county office of education determines that a juvenile court school pupil is not reasonably able to complete the local graduation requirements after the pupil’s fourth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 after the pupil’s fourth year of high school, the county office of education shall exempt the pupil from the local graduation requirements and provide the pupil the option to remain in school to complete the statewide coursework requirements. The county office of education shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following: (1) The pupil’s option to remain in school to complete the statewide coursework requirements. (2) How waiving the local educational requirements and remaining in school may affect the pupil’s postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education. (3) Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges. (4) The pupil’s academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school to complete the statewide coursework requirements. (i) (1) If a juvenile court school pupil is not eligible for an exemption from local graduation requirements pursuant to subdivision (d) of Section 48645.5 in the pupil’s third year of high school, because a county office of education makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school, a county office of education shall reevaluate eligibility in the pupil’s next academic year and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker and probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the pupil’s next academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. (2) If it is determined within the first 30 calendar days of the pupil’s next academic year, that given their course completion status at the time of the reevaluation conducted pursuant to paragraph (1) the pupil is not reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school, the county office of education shall provide the pupil with the option to receive an exemption from all local graduation requirements that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school after the pupil’s fourth year to complete the local graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (a) and (b). (3) If the pupil stays in high school after the fourth year, the county shall reevaluate eligibility at least annually within 30 calendar days of the beginning of the pupil’s subsequent academic years. (j) If a county office of education offers to exempt a juvenile court school pupil from local graduation requirements that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil or the pupil themselves if they are 18 years of age or older whether to accept, defer, or decline the exemption, based on the pupil’s best educational interests. (k) Each county office of education shall report to the department annually on the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for court school pupils graduating in the fourth year cohort or in subsequent year cohorts, and shall be disaggregated by cohort, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data. (l) For the purposes of this section, “local graduation requirements” means the coursework and other requirements for high school graduation adopted by the county board of education. (Amended by Stats. 2024, Ch. 703, Sec. 2. (AB 2181) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48646. Source version: id_f6b40ba1-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. (a) It is the intent of the Legislature that all pupils, including the state’s justice-involved youth, have access to their constitutional right of a free and appropriate public education, and to reduce barriers incarcerated pupils may have to academic supports, career and college preparatory pathways, and higher education. (b) The Legislature encourages each county superintendent of schools or governing board of a school district, as determined by the county board of education pursuant to subdivision (b) of Section 48645.2, and the county chief probation officer to enter into a memorandum of understanding or equivalent mutual agreement to support a collaborative process for meeting the needs of wards of the court who are receiving their education in juvenile court schools. The memorandum of understanding or equivalent mutual agreement may include, but is not limited to, a process for communication, decisionmaking, mutually established goals, and conflict resolution. The purpose of this memorandum of understanding or equivalent mutual agreement is to develop a collaborative model that will foster an educational and residential environment that nurtures the whole child and consistently supports services that will meet the educational needs of the pupils. (c) A memorandum of understanding or equivalent mutual agreement on providing educational and related services for juvenile court school pupils developed in accordance with this section may include, but is not limited to, the following provisions: (1) Mutually developed goals and objectives that are reviewed annually, including, but not limited to, the following: (A) Building resiliency and strengthening life skills. (B) Fostering prosocial attitudes and behaviors. (C) Assigning pupils to appropriate classrooms based on their educational needs. (D) Ensuring regular classroom attendance. (E) Providing clean, safe, and appropriate educational facilities. (F) Improving academic achievement and vocational preparation. (2) Clear delineation of responsibilities among the educational and residential or custodial service providers. (3) A process for communicating, collaborating, and resolving conflicts. Whenever possible, resolution of issues shall be reached by consensus through a collaborative process that would promote decisionmaking at the site where services are delivered. A working group charged with this responsibility may be appointed by the county superintendent of schools, or the superintendent of the school district with responsibility for providing juvenile court school services, and the county chief probation officer, or their designees. The working group is responsible for establishing and maintaining open communication, collaboration, and resolution of issues that arise. (4) A clearly identified mechanism for resolving conflicts. (d) If a memorandum of understanding or equivalent mutual agreement is agreed to pursuant to this section, it shall include both of the following: (1) A joint process for performing an intake evaluation for each ward to determine educational needs and ability to participate in all educational settings within two business days, or under extraordinary circumstances up to five business days, of the ward entering the local juvenile facility. The process shall recognize the limitations on academic evaluation and planning that can result from short-term placements. The evaluation team shall include staff from the responsible educational agency and the county probation department, and may include other participants as appropriate, and as mutually agreed upon by the education and probation members of the team. The evaluation process specified in the memorandum of understanding or equivalent mutual agreement may: (A) Include a timeline for evaluation once a ward is assigned to a local facility. (B) (i) Result in an educational plan for a ward while assigned to a local juvenile facility that is integrated with other rehabilitative and behavioral management programs, and that supports the educational needs of the pupil. (ii) It is the intent that this shared information about each ward placed in a juvenile court school shall assist both the county superintendent of schools and the county chief probation officer in meeting the needs of wards in their care and promoting a system of comprehensive services. (2) A transition plan for when the ward reenrolls at a local educational agency postplacement that shall be transferred to the postplacement local educational agency within two business days of the youth being enrolled in the postplacement local educational agency. (e) A memorandum of understanding or equivalent mutual agreement pursuant to this section shall not cede responsibility or authority prescribed by statute or regulation from one party to another party unless mutually agreed upon by both parties. (f) A memorandum of understanding or equivalent mutual agreement pursuant to this section shall be posted on the internet webpage of the county office of education. (Amended by Stats. 2023, Ch. 48, Sec. 51. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48647. Source version: id_7337199b-0c96-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. (a) Local educational agencies are strongly encouraged to enter into memoranda of understanding and create joint policies, systems, including data sharing systems, transition centers, and other joint structures that will allow for the immediate transfer of educational records, create uniform systems for calculating and awarding course credit, and allow for the immediate enrollment of pupils transferring from juvenile court schools. (b) As part of their existing responsibilities for coordinating education and services for youth in the juvenile justice system, the county office of education and county probation department shall have a joint transition planning policy that includes collaboration with relevant local educational agencies to improve communication regarding dates of release and the educational needs of pupils who have had contact with the juvenile justice system, to coordinate immediate school placement and enrollment, and to ensure that probation officers in the community have the information they need to support the return of pupils who are being transferred from juvenile court schools to public schools in their communities. (c) As part of the joint transition planning policy required under subdivision (b), the county office of education shall assign transition oversight responsibilities to existing county office of education personnel who will work in collaboration with the county probation department, as needed, and relevant local educational agencies to ensure all of the following: (1) The transfer of complete and accurate education records, including the pupil’s individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), if applicable, within 72 hours of the pupil’s release from the juvenile detention facility. (2) Access to information about postsecondary academic and vocational opportunities, including college financial aid programs. (3) The implementation of the pupil’s transition plan, if one exists. (d) As part of the joint transition planning policy required under subdivision (b), the county office of education personnel assigned transition oversight responsibilities shall work in collaboration with the county probation department, as needed, and relevant local educational agencies to facilitate all of the following: (1) The immediate enrollment in an appropriate public school in their community when a pupil is transferred from the juvenile court school. (2) The acceptance, upon enrollment by the pupil in a public school, of course credits, including partial credits, for coursework completed in the juvenile court school, pursuant to subdivision (b) of Section 51225.2. (3) The immediate placement in appropriate courses, based on coursework completed by the pupil, pursuant to subdivision (d) of Section 51225.2. (4) The transfer of complete and accurate education records, including the pupil’s individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), if applicable, when a pupil enters the juvenile court school. (e) Each pupil detained for more than 20 consecutive schooldays shall have an individualized transition plan developed by the county office of education in collaboration with the county probation department, as needed. The individualized transition plan shall be developed before the pupil’s release and reviewed and revised as needed, and shall address, but not be limited to, both of the following: (1) The academic, behavioral, social-emotional, and career needs of the pupil. (2) The identification and engagement of programs, including higher education programs, services, and individuals to support a pupil’s successful transition into and out of the juvenile detention facility. (f) Each pupil detained for more than 20 consecutive schooldays shall have all of the following accessible to the holder of the educational rights for that pupil upon the pupil’s release from the juvenile detention facility: (1) School transcripts. (2) The pupil’s individualized learning plan, if applicable. For purposes of this section, an individualized learning plan is a plan developed collaboratively by a pupil and school personnel that identifies academic and career goals and how the pupil will progress toward meeting those goals. (3) The pupil’s individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), if applicable. (4) The pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), if applicable. (5) Any academic and vocational assessments. (6) An analysis of credits completed and needed. (7) Any certificates or diplomas earned by the pupil. (g) For each pupil detained for 20 consecutive schooldays or fewer, a copy of the pupil’s individualized learning plan, if one exists, shall be made available by the county office of education to the pupil upon the pupil’s release, if possible. (h) The county office of education, in collaboration, as needed, with the county probation department, shall establish procedures for the timely, accurate, complete, and confidential transfer of educational records in compliance with state and federal law. (i) Notwithstanding any other law, this section applies to juvenile court schools that are operated by, or as, charter schools. As used in this section, “county office of education” includes a charter school that serves juvenile court school pupils. (Amended by Stats. 2019, Ch. 756, Sec. 2. (AB 1354) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48648. Source version: id_050f44cc-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. (a) Commencing with the 2024–25 fiscal year, the department shall annually report all of the following on its internet website: (1) The number and percentage of pupils who leave juvenile court schools or county community schools at any point in a given academic year, who did not earn a high school diploma or a high school equivalency by the end of that academic year, and who enroll back into a school district or charter school the following academic year. (2) The number and percentage of pupils who leave juvenile court schools or county community schools at any point in a given academic year, who do not earn a high school diploma or a high school equivalency by the end of that academic year, and who do not enroll back into a school district or charter school the following academic year. (3) Juvenile court school or county community school pupil access to A–G approved courses, high school equivalency tests, accredited college coursework, and the number and percentage of pupils who satisfy the A–G course requirements needed to be eligible for admission to the University of California or the California State University. (4) A statewide summary of outcomes aligned with the California School Dashboard indicators for pupils served by county office of education alternative schools, with the ability to display information by all juvenile court schools, or by all county community schools. (b) The information reported by the department pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) shall be available at the statewide, county, and school levels. (Amended by Stats. 2024, Ch. 998, Sec. 16. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48649. Source version: id_3b851597-5315-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. (a) The department shall, within existing resources, enter into a contract for an independent evaluation of county juvenile court and county community schools. On or before November 1, 2025, the Superintendent shall, within existing resources, provide a report of the evaluation to the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the state board or their designee, and the Director of Finance. The evaluation shall include all of the following: (1) An analysis of state and federal funding available to support pupils enrolled in county juvenile court schools and county community schools. (2) The availability and transparency of pupil- and school-level outcome data available for county juvenile court schools and county community schools. (3) County juvenile court school and county community school pupil enrollment and demographic trends, including: (A) Enrollment projections. (B) The impacts of recent changes to pupil expulsion policies, including recent changes to Sections 48900, 48901.1, and 48915. (C) The impacts of the closure of all California Division of Juvenile Justice facilities pursuant Senate Bill 92 of the 2021–22 Regular Session on county office of education programs. (D) Recommendations for how the state may collect and utilize pupil- and school-level data related to justice-involved youth as a demographic subgroup, as these youth often make frequent moves between local educational agencies. (4) A representative sample and summary of cost-sharing agreements between county offices of education and county probation departments or other relevant county agencies related to the operation of county juvenile court schools. (b) The report required to be submitted pursuant to subdivision (a) shall be submitted consistent with Section 9795 of the Government Code. (Amended by Stats. 2023, Ch. 194, Sec. 15. (SB 141) Effective September 13, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 2.5. Juvenile Court Schools [48645 - 48650] SECTION 48650. Source version: id_41222839-5315-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=2.5. (a) (1) The Superintendent shall convene a workgroup on meeting the needs of pupils with disabilities who enroll in juvenile court schools operated by county offices of education. (2) The workgroup shall include, but not be limited to, representatives of county offices education, school districts, charter schools, county probation, county behavioral health, special education local plan areas, regional centers, former pupils of county juvenile court schools and county community schools, staff from the appropriate fiscal subcommittees and policy committees of the Legislature, staff from the state board, and relevant state and national juvenile court school and federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) policy experts. (3) The workgroup shall examine existing law and current practices regarding the education of pupils with disabilities enrolled in county juvenile court schools and county community schools and make recommendations on improvements regarding all the following, specific to the county juvenile court school setting: (A) Child find procedures, as required by the federal Individuals with Disabilities Education Act. (B) Referral for, and provision of, timely evaluation, as required by the federal Individuals with Disabilities Education Act. (C) Timely transfer of pupil records to and from county juvenile court schools, including individualized education programs (IEPs). (D) Provision of education and related services, as required by pupils’ IEPs. (E) Provision of education in the least restrictive environment, as required by the federal Individuals with Disabilities Education Act. (F) Staffing of special education certificated and classified positions serving pupils with disabilities, including participation in state educator workforce initiatives. (G) Implementation of Section 48645.7, transition planning required by the federal Individuals with Disabilities Education Act, and provision for alternate pathways to earn a diploma for pupils with disabilities. (H) Family support and dispute prevention and resolution, as required by the federal Individuals with Disabilities Education Act and state law. (I) Transition planning for pupils with disabilities moving to educational placements after leaving county juvenile court schools and county community day schools. (J) Compliance monitoring of special education in county juvenile court schools and county community schools. (K) Coordination and collaboration between county offices and other agencies, including, but not limited to, county probation departments, county courts, county child welfare agencies, county behavioral health care programs, and regional centers. (4) To the extent practicable, the workgroup shall leverage the findings related to foster youth pursuant to Assembly Bill 2083 of the 2017–18 Regular Session. (b) On or before February 25, 2025, the department shall submit a report with findings and recommendations regarding the topics identified in subdivision (a) to the relevant policy and budget committees of the Legislature, the state board, and the Department of Finance. (Amended by Stats. 2023, Ch. 194, Sec. 16. (SB 141) Effective September 13, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 3. Community Day Schools [48660 - 48666] SECTION 48660. Source version: id_e008801a-8980-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=3. (a) The governing board of a school district may establish one or more community day schools for pupils who meet one or more of the conditions described in subdivision (b) of Section 48662. A community day school may serve pupils in any of kindergarten and grades 1 to 6, inclusive, or any of grades 7 to 12, inclusive, or the same or lesser included range of grades as may be found in an individual middle or junior high school operated by the school district. If a school district is organized as a school district that serves kindergarten and grades 1 to 8, inclusive, but no higher grades, the governing board of the school district may establish a community day school for any kindergarten and grades 1 to 8, inclusive, upon a two-thirds vote of the governing board of the school district. It is the intent of the Legislature, that to the extent possible, the governing board of a school district operating a community day school for any of kindergarten and grades 1 to 8, inclusive, separate younger pupils from older pupils within that community day school. (b) The average daily attendance of a community day school shall be determined by dividing the total number of days of attendance in all full school months, by a divisor of 70 in the first period of each fiscal year, by a divisor of 135 in the second period of each fiscal year, and by a divisor of 180 at the annual time of each fiscal year. (Amended by Stats. 2014, Ch. 923, Sec. 41. (SB 971) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 3. Community Day Schools [48660 - 48666] SECTION 48660.1. Source version: id_823069bd-0c96-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=3. It is the intent of the Legislature that school districts operating community day schools to the extent possible include the following program components: (a) School district cooperation with the county office of education, law enforcement, probation, and human services agencies personnel who work with at-promise youth. (b) Low pupil-teacher ratio. (c) Individualized instruction and assessment. (d) Maximum collaboration with school district support service resources, including, but not limited to, school counselors and psychologists, academic counselors, and pupil discipline personnel. (Amended by Stats. 2019, Ch. 800, Sec. 11. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 3. Community Day Schools [48660 - 48666] SECTION 48661. Source version: id_d6ed657f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=3. (a) A community day school shall not be situated on the same site as an elementary, middle, junior high, comprehensive senior high, opportunity, or continuation school, except as follows: (1) When the governing board of a school district with 2,500 or fewer units of average daily attendance reported for the most recent second principal apportionment certifies by a two-thirds vote of its membership that satisfactory alternative facilities are not available for a community day school. (2) When the governing board of a school district that is organized as a district to serve kindergarten and grades 1 to 8, inclusive, but no higher grades, certifies by a two-thirds vote of its membership that satisfactory alternative facilities are not available for a community day school. (3) When the governing board of a school district that desires to operate a community day school to serve any of kindergarten and grades 1 to 6, inclusive, but no higher grades, certifies by a two-thirds vote of its membership that satisfactory alternative facilities are not available for a community day school. (b) A certification made pursuant to this section is valid for not more than one school year and may be renewed by a subsequent two-thirds vote of the governing board. (Amended by Stats. 1999, Ch. 646, Sec. 24. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 3. Community Day Schools [48660 - 48666] SECTION 48662. Source version: id_d6ed6581-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=3. (a) The governing board of a school district that establishes a community day school shall adopt policies that provide procedures for the involuntary transfer of pupils to a community day school. (b) A pupil may be assigned to a community day school only if he or she meets one or more of the following conditions: (1) The pupil is expelled for any reason. (2) The pupil is probation referred pursuant to Sections 300 and 602 of the Welfare and Institutions Code. (3) The pupil is referred to a community day school by a school attendance review board or other district level referral process. (4) First priority for assignment to a community day school shall be given to a pupil expelled pursuant to subdivision (d) of Section 48915, second priority shall be given to pupils expelled for any other reasons, and third priority shall be given for placement to all other pupils pursuant to this section, unless there is an agreement that the county superintendent of schools shall serve any of these pupils. (Amended by Stats. 1998, Ch. 847, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 3. Community Day Schools [48660 - 48666] SECTION 48663. Source version: id_d6ed6583-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=3. (a) The minimum schoolday in a community day school is 360 minutes of classroom instruction provided by a certificated employee of the district reporting the attendance of the pupils for apportionment funding. (b) A pupil enrolled in a community day school may not generate more than one day of community day school attendance credit in a schoolday for any purpose. (c) For the purposes of calculating the additional funding provided to a school district pursuant to Section 48664, only community day school attendance shall be reported in clock hours. Attendance of less than five clock hours in a schoolday shall be disregarded for purposes of Section 48664. Five clock hours of attendance in one schoolday shall be deemed to be one-half day of attendance, for purposes of additional funding pursuant to Section 48664. Six clock hours or more of attendance in one schoolday shall be deemed to be one day of attendance, for purposes of additional funding pursuant to Section 48664. (d) Independent study may not be utilized as a means of providing any part of the minimum instructional day provided pursuant to subdivision (a). (e) A community day school’s academic programs shall be comparable to those available to pupils of a similar age in the school district. (Amended by Stats. 1998, Ch. 847, Sec. 3. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 4. Attendance at Adjustment Schools [48600 - 48666] ARTICLE 3. Community Day Schools [48660 - 48666] SECTION 48666. Source version: id_d6eeec27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=4.&article=3. Notwithstanding any other provision of law, the governing board of a school district maintaining a community day school may establish attendance policies for the community day school that permit the community day school to require pupils to attend school for up to seven days each week when this action is taken as part of a directed program designed to provide community day pupils with the skills and attitudes necessary for success when returned to a regular school environment. (Added by Stats. 1995, Ch. 974, Sec. 2. Effective January 1, 1996. Operative July 1, 1996, by Sec. 9 of Ch. 974.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1. Advanced Education [48800 - 48802] SECTION 48800. Source version: id_600ebdd4-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1. (a) The governing board of a school district may determine which pupils would benefit from advanced scholastic or vocational work. The intent of this section is to provide educational enrichment opportunities for a limited number of eligible pupils, rather than to reduce current course requirements of elementary and secondary schools, and also to help ensure a smoother transition from high school to college for pupils by providing them with greater exposure to the collegiate atmosphere. The governing board of a school district may authorize those pupils, upon recommendation of the principal of the pupil’s school of attendance, and with parental consent, to attend a community college during any session or term as special part-time or full-time students and to undertake one or more courses of instruction offered at the community college level. (b) If the governing board of a school district denies a request for a special part-time or full-time enrollment at a community college for any session or term for a pupil who is identified as highly gifted, the governing board shall issue its written recommendation and the reasons for the denial within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. (c) A pupil shall receive credit for community college courses that the pupil completes at the level determined appropriate by the governing boards of the school district and community college district. Using available funding apportioned to the community college district pursuant to Section 84750.4, the governing board of the community college district shall report the pupil’s completed courses and grades received through eTranscript California, also referred to as “eTranscriptCA,” for purposes of enabling the uniform integration of the pupil’s completed courses and grades received into the pupil’s universal and electronic high school transcript that is housed on the CaliforniaColleges.edu platform. (d) (1) The principal of a school may recommend a pupil for community college summer session only if that pupil meets both of the following criteria: (A) Demonstrates adequate preparation in the discipline to be studied. (B) Exhausts all opportunities to enroll in an equivalent course, if any, at the pupil’s school of attendance. (2) For any particular grade level, a principal shall not recommend for community college summer session attendance more than 5 percent of the total number of pupils who completed that grade immediately before the time of recommendation. (3) (A) Except as provided in subparagraph (B), a high school pupil recommended by the pupil’s principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is part of a College and Career Access Pathways (CCAP) program established pursuant to Section 76004 in which a majority of the pupils served are unduplicated pupils, as defined in Section 42238.02, the course meets one of the criteria listed in clauses (i) and (ii), and the high school principal who recommends the pupil for enrollment provides the Chancellor of the California Community Colleges, upon the request of that office, with the data required for purposes of paragraph (5). (i) The course is a lower division, college-level course for credit that is designated as part of the California General Education Transfer Curriculum. (ii) The course is a college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence. (B) The 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) shall apply to all physical education courses. (4) (A) Except as provided in subparagraph (B), a high school pupil recommended by the pupil’s principal for enrollment in a course shall not be included in the 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) if the course in which the pupil is enrolled is either of the following: (i) A lower division, college-level course for credit that is designated as part of the California General Education Transfer Curriculum. (ii) A college-level, occupational course for credit assigned a priority code of “A,” “B,” or “C,” pursuant to the Student Accountability Model, as defined by the Chancellor of the California Community Colleges and reported in the management information system, and the course is part of a sequence of vocational or career technical education courses leading to a degree or certificate in the subject area covered by the sequence. (B) The 5-percent limitation of pupils allowed to be recommended pursuant to paragraph (2) shall apply to all physical education courses. (5) On or before March 1 of each year, the Chancellor of the California Community Colleges shall report to the Department of Finance the number of pupils recommended pursuant to paragraphs (3) and (4) who enroll in community college summer session courses and who receive a passing grade. The information in this report may be submitted with the report required by subdivision (c) of Section 76002. (6) The Board of Governors of the California Community Colleges shall not include enrollment growth attributable to paragraphs (3) and (4) as part of its annual budget request for the California Community Colleges. (7) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this subdivision shall not be waived. (Amended by Stats. 2025, Ch. 74, Sec. 1. (SB 619) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1. Advanced Education [48800 - 48802] SECTION 48800.5. Source version: id_d6f072d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1. (a) A parent or guardian of a pupil, regardless of the pupil’s age or class level, may petition the governing board of the school district in which the pupil is enrolled to authorize the attendance of the pupil at a community college as a special full-time student on the ground that the pupil would benefit from advanced scholastic or vocational work that would thereby be available. If the governing board denies the petition, the pupil’s parent or guardian may file an appeal with the county board of education, which shall render a final decision on the petition in writing within 30 days. (b) A pupil who attends a community college as a special full-time student pursuant to this section is exempt from compulsory school attendance under Chapter 2 (commencing with Section 46100) of Part 26. (c) A parent or guardian of a pupil who is not enrolled in a public school may directly petition the president of any community college to authorize the attendance of the pupil at the community college as a special part-time or full-time student on the ground that the pupil would benefit from advanced scholastic or vocational work that would thereby be available. (d) Any pupil authorized to attend a community college as a special full-time student shall, nevertheless, be required to undertake courses of instruction of a scope and duration sufficient to satisfy the requirements of law. (e) For purposes of allowances and apportionments from the State School Fund, a community college shall be credited with additional units of average daily attendance attributable to the attendance of special full-time students at the community college. (Amended by Stats. 2003, Ch. 786, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1. Advanced Education [48800 - 48802] SECTION 48801. Source version: id_d6f1f973-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1. Any student authorized to attend a community college as a special part-time student pursuant to Sections 48800 and 76001 shall, nevertheless, be required to undertake courses of instruction of a scope and duration sufficient to satisfy the requirements of law. The student shall also be required to attend school for the minimum schoolday, except as provided for in Section 46145 or 46147. However, the governing board of the school district may permit the student to attend school for such a lesser period of time than the minimum schoolday as the board shall find to be in the student’s best interests. (Amended by Stats. 1983, Ch. 513, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1. Advanced Education [48800 - 48802] SECTION 48802. Source version: id_d6f1f975-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1. (a) For purposes of allowances and apportionments from Section B of the State School Fund, a community college shall be credited with additional units of average daily attendance attributable to the attendance of pupils at the community college as special part-time students pursuant to this article and as set forth in Section 76002. (b) A school district whose pupils attend a community college as special part-time students pursuant to this article shall, for purposes of allowances and apportionments from Section A of the State School Fund, continue to receive credit for attendance by those pupils computed in the manner prescribed by law, and a pupil’s attendance at school for the minimum schoolday shall be deemed a day of attendance for purposes of making the computation. (Amended by Stats. 2003, Ch. 786, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1.5. College Promise Partnership Act [48810 - 48813] SECTION 48810. Source version: id_8dcf2393-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1.5. This article shall be known and may be cited as the College Promise Partnership Act. (Added by Stats. 2011, Ch. 633, Sec. 2. (SB 650) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1.5. College Promise Partnership Act [48810 - 48813] SECTION 48810.5. Source version: id_8dcf4aa5-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1.5. The Long Beach Community College District and the Long Beach Unified School District may enter into a partnership to provide participating pupils with an aligned sequence of rigorous high school and college coursework leading to capstone college courses, with consistent and jointly established eligibility for college courses. As used in this article, “capstone college course” means a community college course described in subparagraph (A) or (B) of paragraph (3) of subdivision (d) of Section 48800. (Added by Stats. 2011, Ch. 633, Sec. 2. (SB 650) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1.5. College Promise Partnership Act [48810 - 48813] SECTION 48811. Source version: id_c586abd1-b367-11e7-b4e7-fdf8821c638f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1.5. (a) The purpose of the partnership authorized by Section 48810.5 shall be to provide a seamless bridge to college for pupils not already college bound and to reduce the time needed for advanced students to complete programs. (b) A pupil who elects to participate in the partnership authorized by Section 48810.5 shall complete the grade 11 achievement test provided for in Section 60640, or a successor test approved by the state board, to determine readiness for college-level coursework, and shall enroll in coursework during grade 12 to remedy any deficiencies diagnosed by the achievement test. The consent of a parent or guardian of a pupil shall be required prior to a pupil’s participation in the partnership. (c) Article 1 (commencing with Section 48800) does not apply to pupils enrolled in a partnership operating pursuant to this article. (Amended by Stats. 2017, Ch. 762, Sec. 1. (AB 1533) Effective October 13, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1.5. College Promise Partnership Act [48810 - 48813] SECTION 48812. Source version: id_8dcf98c9-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1.5. (a) The Long Beach Community College District and the Long Beach Unified School District shall design the partnership to include focused curricular pathways leading to credit in at least one of the following: general education, a career technical certificate, or a degree, including at least one capstone college course. (b) The partnership shall coordinate the delivery of student support services, including counseling, to participating pupils. (c) The Long Beach Community College District shall not be eligible to enter into the partnership unless it participates in the Early Assessment Program (EAP) as described in Section 99301. (Added by Stats. 2011, Ch. 633, Sec. 2. (SB 650) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5. Attendance at Community College [48800 - 48813] ARTICLE 1.5. College Promise Partnership Act [48810 - 48813] SECTION 48813. Source version: id_8dcfe6eb-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.&article=1.5. (a) For purposes of allowances and apportionments from Section B of the State School Fund, the Long Beach Community College District shall be credited with additional units of full-time equivalent students (FTES) attributable to the attendance of partnership pupils at the Long Beach City College. (b) Pupils of the Long Beach Unified School District who attend Long Beach City College pursuant to this article shall, for purposes of allowances and apportionments from Section A of the State School Fund, continue to receive credit for attendance by those pupils computed in the manner prescribed by law, and a pupil’s attendance at school for the minimum schoolday shall be deemed a day of attendance for purposes of making the computation. (c) The Long Beach Community College District shall not receive an allowance or an apportionment for an instructional activity for which the Long Beach Unified School District has been, or shall be, paid an allowance or an apportionment. (d) The Long Beach Community College District shall implement this article and Sections 76001.5, 76002.1, 76003, and 76004 in a manner that does not result in increased allocations, which are above the regularly funded FTES enrollment cap, from the General Fund for the Long Beach Community College District. (Added by Stats. 2011, Ch. 633, Sec. 2. (SB 650) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48850. Source version: id_a7b71123-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) (1) It is the intent of the Legislature to ensure that all pupils in foster care and those who are homeless, as defined by the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), have a meaningful opportunity to meet the challenging state pupil academic achievement standards to which all pupils are held. In fulfilling their responsibilities to these pupils, educators, county placing agencies, care providers, advocates, and the juvenile courts shall work together to maintain stable school placements and to ensure that each pupil is placed in the least restrictive educational programs, and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils, including, but not necessarily limited to, interscholastic sports administered by the California Interscholastic Federation. In all instances, educational and school placement decisions shall be based on the best interests of the child and shall consider, among other factors, educational stability and the opportunity to be educated in the least restrictive educational setting necessary to achieve academic progress. (2) A foster child who changes residences pursuant to a court order or decision of a child welfare worker or a homeless child or youth shall be immediately deemed to meet all residency requirements for participation in interscholastic sports or other extracurricular activities. (3) (A) Pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), public schools, including charter schools, and county offices of education shall immediately enroll a homeless child or youth seeking enrollment except where the enrollment would be in conflict with subdivision (e) of Section 47605. (B) The department and the State Department of Social Services shall identify representatives from the department, the State Department of Social Services, and other state agencies that have experience in homeless youth issues to develop policies and practices to support homeless children and youths and to ensure that child abuse and neglect reporting requirements do not create barriers to the school enrollment and attendance of homeless children or youths, including, but not limited to, ensuring that a pupil who is a homeless child or youth is not reported to law enforcement by school personnel if the sole reason for the report is the pupil’s homelessness. The selected representatives shall present the policies and practices to the Superintendent and the State Department of Social Services to be considered for implementation or dissemination, as appropriate. (C) (i) If a local educational agency operates an intersession program, the local educational agency shall grant priority access to a homeless child or youth. (ii) Notwithstanding any other law, if the homeless youth will be moving during an intersession period, the pupil’s parent, guardian, educational rights holder, or Indian custodian in the case of an Indian child, or, if there is no parent, guardian, educational rights holder, or Indian custodian, the unaccompanied homeless youth, shall determine which school the pupil attends for the intersession period, if applicable. (b) Every county office of education shall make available to agencies that place children in licensed children’s institutions information on educational options for children residing in licensed children’s institutions within the jurisdiction of the county office of education for use by the placing agencies in assisting parents and foster children to choose educational placements. (c) For purposes of individuals with exceptional needs residing in licensed children’s institutions, making a copy of the annual service plan, prepared pursuant to subdivision (b) of Section 56205, available to those special education local plan areas that have revised their local plans pursuant to Section 56836.03 shall meet the requirements of subdivision (b). (d) For purposes of this section, the following definitions shall apply: (1) “Homeless child or youth” and “homeless children and youths” as they are defined in Section 11434a(2) of Title 42 of the United States Code. (2) “Indian custodian” as it is defined in Section 1903 of Title 25 of the United States Code. (3) (A) “Intersession program” means an expanded learning program offered by a local educational agency on nonschooldays, including, but not limited to, summer school. (B) An intersession program does not include an extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations. (4) “Local educational agency” means a school district, county office of education, or charter school. (5) “Pupils in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (a) of Section 48853.5. (6) “Unaccompanied homeless youth” has the same meaning as “unaccompanied youth” in Section 11434a(2) of Title 42 of the United States Code. (Amended by Stats. 2023, Ch. 327, Sec. 1. (AB 373) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48851. Source version: id_30419724-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) As required pursuant to Section 11432(g)(6)(A)(i) of Title 42 of the United States Code, a local educational agency shall ensure that each school within the local educational agency identifies all homeless children and youths and unaccompanied youths enrolled at the school. (b) (1) A local educational agency shall administer a housing questionnaire for purposes of identifying homeless children and youths and unaccompanied youths, as those terms are defined in Section 11434a(2) of Title 42 of the United States Code, in accordance with the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11303 et seq.). By the end of the 2021–22 school year, a local educational agency shall ensure that the housing questionnaire is based on best practices developed by the department pursuant to subparagraph (A) of paragraph (1) of subdivision (f) of Section 48852.5. The housing questionnaire shall include an explanation of the rights and protections a pupil has as a homeless child or youth or as an unaccompanied youth. The housing questionnaire shall be available in paper form. (2) A local educational agency shall annually provide the housing questionnaire described in paragraph (1) to all parents or guardians of pupils and to all unaccompanied youths of the local educational agency. (3) If the primary language of a pupil’s parent or guardian or an unaccompanied youth is not English, either of the following shall occur: (A) The housing questionnaire shall be made available in the primary language of the unaccompanied youth or the pupil’s parent or guardian pursuant to Section 48985. (B) An appropriate translation of the housing questionnaire shall be provided upon request of a pupil’s parent or guardian or an unaccompanied youth. (4) A local educational agency shall collect the completed housing questionnaires that it administered pursuant to this section, and shall annually report to the department the number of homeless children and youths and unaccompanied youths enrolled. (Amended by Stats. 2022, Ch. 912, Sec. 1. (AB 2375) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48851.3. Source version: id_986f524e-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) As used in this section, “liaison” means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code. (b) A local educational agency shall establish homeless education program policies that are consistent with the provisions of this chapter and use resources developed by the department and posted on the department’s internet website pursuant to Section 48852.5 and resources developed by homeless education technical assistance centers established using funding from the American Rescue Plan Act of 2021 (Public Law 117-2). The local educational agency shall update these policies at intervals that shall not exceed three years. (c) A liaison shall do both of the following: (1) (A) Offer training to local educational agency certificated and classified employees providing services to pupils experiencing homelessness, pursuant to Section 11432(g)(6)(A)(ix) of Title 42 of the United States Code, including, but not limited to, teachers, support staff, and other school staff who work with pupils, at least annually relating to both of the following: (i) The homeless education program policies established under subdivision (b). (ii) Recognition of signs that pupils are experiencing, or are at risk of experiencing, homelessness. (B) A liaison is encouraged to offer the training described in subparagraph (A) to all local educational agency certificated and classified employees, including, but not limited to, teachers, support staff, and other school staff who work with pupils. (2) Inform the employees described in subparagraphs (A) and (B) of paragraph (1) of the availability of training and the services the liaison provides to aid in the identification and provision of services to pupils who are experiencing, or are at risk of experiencing, homelessness. (Added by Stats. 2022, Ch. 904, Sec. 1. (AB 408) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48851.5. Source version: id_12418919-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= Pursuant to Section 11432(g)(6) of Title 42 of the United States Code, a local educational agency liaison for homeless children and youths shall ensure that homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies and that homeless families and homeless children and youths receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services. (Added by Stats. 2021, Ch. 400, Sec. 1. (SB 400) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48852. Source version: id_d6f3801d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= Every agency that places a child in a licensed children’s institution shall notify the local educational agency at the time a pupil is placed in a licensed children’s institution. As part of that notification, the placing agency shall provide any available information on immediate past educational placements to facilitate prompt transfer of records and appropriate educational placement. Nothing in this section shall be construed to prohibit prompt educational placement prior to notification. (Added by Stats. 1998, Ch. 311, Sec. 1. Effective August 19, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48852.3. Source version: id_9c299b30-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= The department, to the extent possible within existing resources, shall develop and implement a plan for monitoring the compliance of local educational agencies with this chapter. The implementation of this risk-based monitoring plan shall include reviews of the local educational agencies that shall include, but not be limited to, schoolsite inspections to ensure that the state is not underestimating the number of youth experiencing homelessness. (Added by Stats. 2022, Ch. 904, Sec. 2. (AB 408) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48852.5. Source version: id_eb06b365-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) Pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall ensure that public notice of the educational rights of homeless children and youths and unaccompanied youths is disseminated in schools within the liaison’s local educational agency that provide services pursuant to the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). (b) The department shall provide informational materials to local educational agency liaisons for homeless children and youths and unaccompanied youths regarding the educational rights of homeless children and youths and unaccompanied youths under state and federal law, updates and changes to state and federal law regarding the rights of homeless students, the responsibilities of local educational agency liaisons relating to homeless children and youths and unaccompanied youths, and the resources available to schools to assist homeless children and youths and unaccompanied youths. (c) (1) The department shall provide training materials to local educational agency liaisons for homeless children and youths and unaccompanied youths to assist liaisons with providing professional development and other support to school personnel providing services pursuant to the federal McKinney-Vento Homeless Assistance Act. These materials are intended to support liaisons in meeting the requirements of the federal Every Student Succeeds Act, as specified in Section 11432(g)(6)(A)(ix) of Title 42 of the United States Code. (2) The department shall develop and implement a system to verify that local educational agencies are providing the required training to school personnel providing services to youth experiencing homelessness at least annually. (d) The department may use and adapt informational and training materials from state or national sources when applicable and appropriate. (e) The department shall adopt policies and practices to ensure that local educational agency liaisons for homeless children and youths participate in professional development and other technical assistance programs that are deemed appropriate by the Superintendent in accordance with the federal Every Student Succeeds Act, as specified in Section 11432(g)(1)(J)(iv) of Title 42 of the United States Code. (f) (1) The department shall develop and implement procedures for verifying key information submitted by local educational agencies to comply with the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001 (42 U.S.C. Sec. 11431 et seq.). (2) The department shall review the information submitted by local educational agencies to comply with the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001 (42 U.S.C. Sec. 11431 et seq.), and remind each local educational agency for which information about its policies is outdated to update their policies to reflect current requirements. (g) (1) The department shall develop both of the following: (A) Best practices that a local educational agency may use to identify and obtain accurate data on all homeless children and youths and unaccompanied youths enrolled in schools of the local educational agency. The department shall develop these best practices in accordance with the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) and in a manner informed by relevant guidance from experts on the identification of homeless children and youths and unaccompanied youths, including, but not limited to, the United States Department of Education and technical assistance centers sponsored by the Office of Safe and Healthy Students of the United States Department of Education. These best practices may include the distribution of information relating to the educational rights and resources of persons experiencing homelessness in public places that are frequently visited by homeless children and youths and unaccompanied youths. (B) A model housing questionnaire, based on best practices developed pursuant to subparagraph (A), that a local educational agency may use to identify and obtain accurate data on all homeless children and youths and unaccompanied youths enrolled at schools of the local educational agency. (2) The department shall post the best practices and model housing questionnaire developed pursuant to paragraph (1) on its internet website. (h) Data collected by the department or by a local educational agency pursuant to this chapter shall be used in accordance with all state and federal laws regarding student privacy and the collection and use of student data. (Amended by Stats. 2021, Ch. 400, Sec. 2.5. (SB 400) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48852.6. Source version: id_2bb5b9f0-2215-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) For purposes of this section, “liaison” means a local educational agency liaison for homeless children and youths and unaccompanied youths designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code. (b) A school district, charter school, or county office of education shall create an internet web page or post on its internet website both of the following: (1) A list of the liaisons in that school district, charter school, or county office of education, respectively, and the contact information for those liaisons. (2) Specific information on homelessness, including, but not limited to, information regarding the educational rights and resources available to persons experiencing homelessness. (c) If available, a school shall post on its internet website, if the school has an internet website, the contact information for the liaison. In addition, if a school has an employee or person under contract whose duties include assisting the liaison in completing the liaison’s duties under Section 11432(g)(6) of Title 42 of the United States Code, the school shall post on its internet website, if the school has an internet website, the name and contact information for that employee or person under contract. (Added by Stats. 2021, Ch. 394, Sec. 4. (AB 27) Effective September 29, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48852.7. Source version: id_8c23fefd-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) At the point of any change or any subsequent change in residence once a child becomes a homeless child, the local educational agency serving the homeless child shall allow the homeless child to continue his or her education in the school of origin through the duration of homelessness. (b) If the homeless child’s status changes before the end of the academic year so that he or she is no longer homeless, either of the following apply: (1) If the homeless child is in high school, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through graduation. (2) If the homeless child is in kindergarten or any of grades 1 to 8, inclusive, the local educational agency shall allow the formerly homeless child to continue his or her education in the school of origin through the duration of the academic school year. (c) To ensure that the homeless child has the benefit of matriculating with his or her peers in accordance with the established feeder patterns of school districts, the following apply: (1) If the homeless child is transitioning between school grade levels, the local educational agency shall allow the homeless child to continue in the school district of origin in the same attendance area. (2) If the homeless child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, the local educational agency shall allow the homeless child to continue to the school designated for matriculation in that school district. (3) The new school shall immediately enroll the homeless child even if the child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms. (d) It is the intent of the Legislature that this section shall not supersede or exceed other laws governing special education services for eligible homeless children. (e) (1) The federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.) shall govern the procedures for transportation and dispute resolution with respect to homeless children and school of origin. (2) This section does not require a school district to provide transportation to a former homeless child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in his or her school of origin pursuant to this section, unless the individualized education program team determines that transportation is a necessary related service, or the federal McKinney-Vento Homeless Assistance Act requires transportation to be provided. (3) This section does not require a school district to provide transportation services to allow a homeless child to attend a school or school district, unless otherwise required under the federal McKinney-Vento Homeless Assistance Act or other federal law. A school district may, at its discretion, provide transportation services to allow a homeless child to attend a school or school district. (f) For purposes of this section, the following definitions apply: (1) “Homeless child” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code. (2) “School of origin” means the school that the homeless child attended when permanently housed or the school in which the homeless child was last enrolled. If the school the homeless child attended when permanently housed is different from the school in which the homeless child was last enrolled, or if there is some other school that the homeless child attended with which the homeless child is connected and that the homeless child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the homeless child and the person holding the right to make educational decisions for the homeless child, shall determine, in the best interests of the homeless child, the school that shall be deemed the school of origin. (Added by Stats. 2015, Ch. 289, Sec. 1. (SB 445) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48853. Source version: id_648b4e70-ca34-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) A pupil described in subdivision (a) of Section 48853.5 who is placed in a licensed children’s institution or foster family home as defined in Section 56155.5, shall attend programs operated by the local educational agency, unless one of the following applies: (1) The pupil is entitled to remain in his or her school of origin pursuant to paragraph (1) of subdivision (e) of Section 48853.5. (2) The pupil has an individualized education program requiring placement in a nonpublic, nonsectarian school or agency, or in another local educational agency. (3) The parent or guardian, or other person holding the right to make educational decisions for the pupil pursuant to Section 361 or 726 of the Welfare and Institutions Code or Section 56055, determines that it is in the best interests of the pupil to be placed in another educational program, in which case the parent or guardian or other person holding the right to make educational decisions for the pupil shall provide a written statement that he or she has made that determination to the local educational agency. This statement shall include a declaration that the parent, guardian, or other person holding the right to make educational decisions for the pupil is aware of all of the following: (A) The pupil has a right to attend a regular public school in the least restrictive environment. (B) The alternate education program is a special education program, if applicable. (C) The decision to unilaterally remove the pupil from the regular public school and to place the pupil in an alternate education program may not be financed by the local educational agency. (D) Any attempt to seek reimbursement for the alternate education program may be at the expense of the parent, guardian, or other person holding the right to make educational decisions for the pupil. (b) For purposes of ensuring a parent, guardian, or other person holding the right to make educational decisions for the pupil is aware of the information described in subparagraphs (A) to (D), inclusive, of paragraph (3) of subdivision (a), the local educational agency may provide him or her with that information in writing. (c) Before any decision is made to place a pupil in a juvenile court school as defined by Section 48645.1, a community school as described in Sections 1981 and 48660, or other alternative educational setting, the parent or guardian, or person holding the right to make educational decisions for the pupil pursuant to Section 361 or 726 of the Welfare and Institutions Code or Section 56055, shall first consider placement in the regular public school. (d) If any dispute arises as to the school placement of a pupil subject to this section, the pupil has the right to remain in his or her school of origin, as defined in subdivision (f) of Section 48853.5, pending resolution of the dispute. The dispute shall be resolved in accordance with the existing dispute resolution process available to any pupil served by the local educational agency. (e) This section does not supersede other laws that govern pupil expulsion. (f) This section does not supersede any other law governing the educational placement in a juvenile court school, as defined by Section 48645.1, of a pupil detained in a county juvenile hall, or committed to a county juvenile ranch, camp, forestry camp, or regional facility. (g) (1) Foster children living in emergency shelters, as referenced in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), may receive educational services at the emergency shelter as necessary for short periods of time for either of the following reasons: (A) For health and safety emergencies. (B) To provide temporary, special, and supplementary services to meet the child’s unique needs if a decision regarding whether it is in the child’s best interests to attend the school of origin cannot be made promptly, it is not practical to transport the child to the school of origin, and the child would otherwise not receive educational services. (2) The educational services may be provided at the shelter pending a determination by the person holding the right regarding the educational placement of the child. (h) All educational and school placement decisions shall be made to ensure that the child is placed in the least restrictive educational programs and has access to academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child. (i) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (Amended by Stats. 2016, Ch. 612, Sec. 3. (AB 1997) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48853.5. Source version: id_aadb0d75-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) This section applies to a foster child. “Foster child” means any of the following: (1) A child who has been removed from their home pursuant to Section 309 of the Welfare and Institutions Code. (2) A child who is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, whether or not the child has been removed from their home. (3) A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law. (4) A child who is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400 of the Welfare and Institutions Code. (b) The department, in consultation with the California Foster Youth Education Task Force, shall develop a standardized notice of the educational rights of foster children, as specified in Sections 48850 to this section, inclusive, and Sections 48911, 48915.5, 49069.5, 49076, 51225.1, and 51225.2. The notice shall include complaint process information, as applicable. The department shall make the notice available to educational liaisons for foster children for dissemination by posting the notice on its internet website. Any version of this notice prepared for use by foster children shall also include, to the greatest extent practicable, the rights established pursuant to Section 16001.9 of the Welfare and Institutions Code. In developing the notice that includes the rights in Section 16001.9 of the Welfare and Institutions Code, the department shall consult with the Office of the State Foster Care Ombudsperson. (c) Each local educational agency shall designate a staff person as the educational liaison for foster children. In a school district that operates a foster children services program pursuant to Chapter 11.3 (commencing with Section 42920) of Part 24 of Division 3, the educational liaison shall be affiliated with the local foster children services program. The educational liaison shall do both of the following: (1) Ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children. (2) Assist foster children when transferring from one school to another school or from one school district to another school district in ensuring proper transfer of credits, records, and grades. (d) A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s, as defined in Section 224.1 of the Welfare and Institutions Code, tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. (e) This section does not grant authority to the educational liaison that supersedes the authority granted under state and federal law to a parent or legal guardian retaining educational rights, a responsible adult appointed by the court to represent the child pursuant to Section 361 or 726 of the Welfare and Institutions Code, a surrogate parent, or a foster parent exercising the authority granted under Section 56055. The role of the educational liaison is advisory with respect to placement decisions and determination of the school of origin. (f) (1) At the initial detention or placement, or any subsequent change in placement of a foster child, the local educational agency serving the foster child shall allow the foster child to continue the foster child’s education in the school of origin for the duration of the jurisdiction of the court. (2) If the jurisdiction of the court is terminated before the end of an academic year, the local educational agency shall allow a former foster child who is in kindergarten or any of grades 1 to 8, inclusive, to continue the former foster child’s education in the school of origin through the duration of the academic school year. (3) (A) If the jurisdiction of the court is terminated while a foster child is in high school, the local educational agency shall allow the former foster child to continue the former foster child’s education in the school of origin through graduation. (B) For purposes of this paragraph, a school district is not required to provide transportation to a former foster child who has an individualized education program that does not require transportation as a related service and who changes residence but remains in the former foster child’s school of origin pursuant to this paragraph, unless the individualized education program team determines that transportation is a necessary related service. (4) To ensure that the foster child has the benefit of matriculating with the foster child’s peers in accordance with the established feeder patterns of school districts, if the foster child is transitioning between school grade levels, the local educational agency shall allow the foster child to continue in the school district of origin in the same attendance area, or, if the foster child is transitioning to a middle school or high school, and the school designated for matriculation is in another school district, to the school designated for matriculation in that school district. (5) (A) Paragraphs (2), (3), and (4) do not require a school district to provide transportation services to allow a foster child to attend a school or school district, unless there is an agreement with a local child welfare agency that the school district assumes part or all of the transportation costs in accordance with Section 6312(c)(5) of Title 20 of the United States Code, or unless otherwise required under federal law. This paragraph does not prohibit a school district from, at its discretion, providing transportation services to allow a foster child to attend a school or school district. (B) In accordance with Section 6312(c)(5) of Title 20 of the United States Code, local educational agencies shall collaborate with local child welfare agencies to develop and implement clear written procedures to address the transportation needs of foster youth to maintain them in their school of origin, when it is in the best interest of the foster youth. (6) The educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, may recommend, in accordance with the foster child’s best interests, that the foster child’s right to attend the school of origin be waived and the foster child be enrolled in a public school that pupils living in the attendance area in which the foster child resides are eligible to attend. (7) Before making a recommendation to move a foster child from the foster child’s school of origin, the educational liaison shall provide the foster child and the person holding the right to make educational decisions for the foster child with a written explanation stating the basis for the recommendation and how the recommendation serves the foster child’s best interests. (8) (A) If the educational liaison, in consultation with the foster child and the person holding the right to make educational decisions for the foster child, agrees that the best interests of the foster child would best be served by the foster child’s transfer to a school other than the school of origin, the foster child shall immediately be enrolled in the new school. (B) The new school shall immediately enroll the foster child even if the foster child has outstanding fees, fines, textbooks, or other items or moneys due to the school last attended or is unable to produce clothing or records normally required for enrollment, such as previous academic records, medical records, including, but not limited to, records or other proof of immunization history pursuant to Chapter 1 (commencing with Section 120325) of Part 2 of Division 105 of the Health and Safety Code, proof of residency, other documentation, or school uniforms. (C) Within two business days of the foster child’s request for enrollment, the educational liaison for the new school shall contact the school last attended by the foster child to obtain all academic and other records. The last school attended by the foster child shall provide all required records to the new school regardless of any outstanding fees, fines, textbooks, or other items or moneys owed to the school last attended. The educational liaison for the school last attended shall provide all records to the new school within two business days of receiving the request. (9) If a dispute arises regarding the request of a foster child to remain in the school of origin, the foster child has the right to remain in the school of origin pending resolution of the dispute. The dispute shall be resolved in accordance with the existing dispute resolution process available to a pupil served by the local educational agency. (10) The local educational agency and the county placing agency are encouraged to collaborate to ensure maximum use of available federal moneys, explore public-private partnerships, and access any other funding sources to promote the well-being of foster children through educational stability. (11) (A) If a local educational agency operates an intersession program, the local educational agency shall grant priority access to a foster child. (B) Notwithstanding any other law, if the foster child will be moving during an intersession period, the pupil’s educational rights holder, or Indian custodian in the case of an Indian child, shall determine which school the pupil attends for the intersession period, if applicable. (12) It is the intent of the Legislature that this subdivision shall not supersede or exceed other laws governing special education services for eligible foster children. (g) For purposes of this section, the following definitions shall apply: (1) “Indian custodian” as it is defined in Section 1903 of Title 25 of the United States Code. (2) (A) “Intersession program” means an expanded learning program offered by a local educational agency on nonschooldays, including, but not limited to, summer school. (B) An intersession program does not include an extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations. (3) (A) “School of origin” means the school that the foster child attended when permanently housed or the school in which the foster child was last enrolled. If the school the foster child attended when permanently housed is different from the school in which the foster child was last enrolled, or if there is some other school that the foster child attended with which the foster child is connected and that the foster child attended within the immediately preceding 15 months, the educational liaison, in consultation with, and with the agreement of, the foster child and the person holding the right to make educational decisions for the foster child, shall determine, in the best interests of the foster child, the school that shall be deemed the school of origin. (B) For a foster child who is an individual with exceptional needs as defined in Section 56026, “school” as used in the definition of “school of origin” in subparagraph (A) includes a placement in a nonpublic, nonsectarian school as defined in Section 56034, subject to the requirements of Section 56325. (h) This section does not supersede other law governing the educational placements in juvenile court schools, as described in Section 48645.1, by the juvenile court under Section 602 of the Welfare and Institutions Code. (i) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (Amended by Stats. 2023, Ch. 812, Sec. 1.5. (AB 723) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48854. Source version: id_d6f38023-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= A licensed children’s institution or nonpublic, nonsectarian school, or agency may not require as a condition of placement that educational authority for a child, as defined in Section 48859 be designated to that institution, school, or agency. (Added by Stats. 1998, Ch. 311, Sec. 1. Effective August 19, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48856. Source version: id_d6f38025-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= A local educational agency shall invite at least one noneducational agency representative that has placement responsibility for a pupil residing in a licensed children’s institution to collaborate with the local educational agency in the monitoring of a placement in a nonpublic, nonsectarian school or agency. (Added by Stats. 1998, Ch. 311, Sec. 1. Effective August 19, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48857. Source version: id_b2a6ff3a-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= (a) Pursuant to funding appropriated in Item 6100-135-0890 of the Budget Act of 2024 (Chs. 22, 35, and 994, Stats. 2024), the department shall allocate up to two million five hundred thousand dollars ($2,500,000) to up to three county offices of education in different regions throughout the state for purposes of sustaining and enhancing the operations of technical assistance centers to foster relationships between community partners and local educational agencies in each region, including integration with local educational agency grantees and their county and regional assistance providers under the California Community Schools Partnership Program. The department shall determine the county offices of education that will be designated technical assistance centers through a competitive process that provides each county office of education with the opportunity to apply to become a technical assistance center. In making this determination, the department shall take into account geographic diversity and concentrations of homeless children and youths and unaccompanied youths. (b) Pursuant to funding appropriated in Item 6100-136-0001 of the annual Budget Act, commencing in the 2025–26 fiscal year, the department shall allocate these funds to the technical assistance centers described in subdivision (a). (c) A technical assistance center described in subdivision (a) shall prioritize providing regional support, resources, and expertise to homeless education liaisons to ensure that local educational agencies meet all of the requirements specified in Section 11432(g)(3) of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), which include, but are not limited to, all of the following responsibilities: (1) Creating, and facilitating the implementation of, training materials that outline the needs and challenges of, and barriers facing, homeless children and youths, unaccompanied youths, and their families. (2) Disseminating and providing technical assistance in implementing best practices, such as the scaling up of models of innovative practice, for small, midsize, and large counties to support the educational progress and academic outcomes of homeless children and youths and unaccompanied youths. (3) Assisting counties and local educational agencies in the process of ensuring accuracy in the identification of homeless children and youths and unaccompanied youths in local pupil information systems and using this data to report educational outcomes for homeless children and youths and unaccompanied youths who receive support services. (4) Fostering relationships between community partners and local educational agencies in each region, including providing professional development and coaching opportunities to homeless liaisons to build capacity locally. (5) Assisting the county offices of education homeless liaisons in providing targeted technical assistance to their local educational agencies that have been identified for technical assistance pursuant to Sections 47607.3, 52071, and 52071.5 for their homeless pupil group, which includes both of the following: (A) Developing recommendations on optimizing existing funding streams to target and support homeless children and youth based on spending gaps between homeless children and youth and other high-need pupil subgroups, which includes additional funding intended for these pupils based on planned spending of local control funding formula allocations in local control and accountability plans. (B) Assisting the county offices of education homeless liaisons in working collaboratively with their local educational agencies to utilize data reported through the California School Dashboard, on the department’s internet website, and locally to assess outcomes and success of local educational agency homeless education programs, and providing guidance on implementing best practices, such as the scaling up of models of innovative practice, to improve academic and other performance outcomes for homeless children and youths. (d) Technical assistance provided by a technical assistance center pursuant to this section shall be provided consistent with the statewide system of support established pursuant to Section 52059.5. (e) Technical assistance centers shall report to the department detailing the allocation and utilization of funds, along with the impact of technical assistance center support on local educational agencies and homeless pupils. (Amended by Stats. 2025, Ch. 8, Sec. 43. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 5.5. Education of Pupils in Foster Care and Pupils Who Are Homeless [48850 - 48859] SECTION 48859. Source version: id_3d0e55d6-2215-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=5.5.&article= For purposes of this chapter, the following terms have the following meanings: (a) “County placing agency” means the county social services department or county probation department. (b) “Educational authority” means an entity designated to represent the interests of a child for educational and related services. (c) “Homeless children and youths” and “unaccompanied youths” are as defined in Section 11434a(2) of Title 42 of the United States Code. (d) “Local educational agency” means a school district, a county office of education, a charter school, or a special education local plan area. (Amended by Stats. 2021, Ch. 394, Sec. 6. (AB 27) Effective September 29, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900. Source version: id_359776a0-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. A pupil shall not be suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed an act as defined pursuant to any of subdivisions (a) to (r), inclusive: (a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person. (2) Willfully used force or violence upon the person of another, except in self-defense. (b) Possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object, unless, in the case of possession of an object of this type, the pupil had obtained written permission to possess the item from a certificated school employee, which is concurred in by the principal or the designee of the principal. (c) (1) Unlawfully possessed, used, sold, or otherwise furnished, or been under the influence of, a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind. (2) Pupils who voluntarily disclose their use of a controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure. (d) Unlawfully offered, arranged, or negotiated to sell a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, an alcoholic beverage, or an intoxicant of any kind, and either sold, delivered, or otherwise furnished to a person another liquid, substance, or material and represented the liquid, substance, or material as a controlled substance, alcoholic beverage, or intoxicant. (e) Committed or attempted to commit robbery or extortion. (f) Caused or attempted to cause damage to school property or private property. (g) Stole or attempted to steal school property or private property. (h) (1) Possessed or used tobacco, or products containing tobacco or nicotine products, including, but not limited to, cigarettes, cigars, miniature cigars, clove cigarettes, smokeless tobacco, snuff, chew packets, and betel. However, this section does not prohibit the use or possession by a pupil of the pupil’s own prescription products. (2) Pupils who voluntarily disclose their use of a tobacco product in order to seek help through services or supports shall not be suspended solely for that disclosure. (i) Committed an obscene act or engaged in habitual profanity or vulgarity. (j) Unlawfully possessed or unlawfully offered, arranged, or negotiated to sell drug paraphernalia, as defined in Section 11014.5 of the Health and Safety Code. (k) (1) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. (2) Except as provided in Section 48910, a pupil enrolled in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended for any of the acts specified in paragraph (1), and those acts shall not constitute grounds for a pupil enrolled in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. (3) Except as provided in Section 48910, a pupil enrolled in any of grades 6 to 8, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029. (4) Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts specified in paragraph (1). This paragraph is inoperative on July 1, 2029. (5) (A) A certificated or classified employee may refer a pupil to school administrators for appropriate and timely in-school interventions or supports from the list of other means of correction specified in subdivision (b) of Section 48900.5 for any of the acts enumerated in paragraph (1). (B) A school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupil’s record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The school administrator shall, by the end of the fifth business day, also inform the referring certificated or classified employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports. (l) Knowingly received stolen school property or private property. (m) Possessed an imitation firearm. As used in this section, “imitation firearm” means a replica of a firearm that is so substantially similar in physical properties to an existing firearm as to lead a reasonable person to conclude that the replica is a firearm. (n) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed a sexual battery as defined in Section 243.4 of the Penal Code. (o) Harassed, threatened, or intimidated a pupil who is a complaining witness or a witness in a school disciplinary proceeding for purposes of either preventing that pupil from being a witness or retaliating against that pupil for being a witness, or both. (p) Unlawfully offered, arranged to sell, negotiated to sell, or sold the prescription drug Soma. (q) Engaged in, or attempted to engage in, hazing. For purposes of this subdivision, “hazing” means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil. For purposes of this subdivision, “hazing” does not include athletic events or school-sanctioned events. (r) Engaged in an act of bullying. For purposes of this subdivision, the following terms have the following meanings: (1) “Bullying” means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, and including one or more acts committed by a pupil or group of pupils as defined in Section 48900.2, 48900.3, or 48900.4, directed toward one or more pupils that has or can be reasonably predicted to have the effect of one or more of the following: (A) Placing a reasonable pupil or pupils in fear of harm to that pupil’s or those pupils’ person or property. (B) Causing a reasonable pupil to experience a substantially detrimental effect on the pupil’s physical or mental health. (C) Causing a reasonable pupil to experience substantial interference with the pupil’s academic performance. (D) Causing a reasonable pupil to experience substantial interference with the pupil’s ability to participate in or benefit from the services, activities, or privileges provided by a school. (2) (A) “Electronic act” means the creation or transmission originated on or off the schoolsite, by means of an electronic device, including, but not limited to, a telephone, wireless telephone, or other wireless communication device, computer, or pager, of a communication, including, but not limited to, any of the following: (i) A message, text, sound, video, or image. (ii) A post on a social network internet website, including, but not limited to: (I) Posting to or creating a burn page. “Burn page” means an internet website created for the purpose of having one or more of the effects listed in paragraph (1). (II) Creating a credible impersonation of another actual pupil for the purpose of having one or more of the effects listed in paragraph (1). “Credible impersonation” means to knowingly and without consent impersonate a pupil for the purpose of bullying the pupil and such that another pupil would reasonably believe, or has reasonably believed, that the pupil was or is the pupil who was impersonated. (III) Creating a false profile for the purpose of having one or more of the effects listed in paragraph (1). “False profile” means a profile of a fictitious pupil or a profile using the likeness or attributes of an actual pupil other than the pupil who created the false profile. (iii) (I) An act of cyber sexual bullying. (II) For purposes of this clause, “cyber sexual bullying” means the dissemination of, or the solicitation or incitement to disseminate, a photograph or other visual recording by a pupil to another pupil or to school personnel by means of an electronic act that has or can be reasonably predicted to have one or more of the effects described in subparagraphs (A) to (D), inclusive, of paragraph (1). A photograph or other visual recording, as described in this subclause, shall include the depiction of a nude, semi-nude, or sexually explicit photograph or other visual recording of a minor where the minor is identifiable from the photograph, visual recording, or other electronic act. (III) For purposes of this clause, “cyber sexual bullying” does not include a depiction, portrayal, or image that has any serious literary, artistic, educational, political, or scientific value or that involves athletic events or school-sanctioned activities. (B) Notwithstanding paragraph (1) and subparagraph (A), an electronic act shall not constitute pervasive conduct solely on the basis that it has been transmitted on the internet or is currently posted on the internet. (3) “Reasonable pupil” means a pupil, including, but not limited to, a pupil with exceptional needs, who exercises average care, skill, and judgment in conduct for a person of that age, or for a person of that age with the pupil’s exceptional needs. (s) A pupil shall not be suspended or expelled for any of the acts enumerated in this section unless the act is related to a school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district or principal or occurring within any other school district. A pupil may be suspended or expelled for acts that are enumerated in this section and related to a school activity or school attendance that occur at any time, including, but not limited to, any of the following: (1) While on school grounds. (2) While going to or coming from school. (3) During the lunch period whether on or off the campus. (4) During, or while going to or coming from, a school-sponsored activity. (t) A pupil who aids or abets, as defined in Section 31 of the Penal Code, the infliction or attempted infliction of physical injury to another person may be subject to suspension, but not expulsion, pursuant to this section, except that a pupil who has been adjudged by a juvenile court to have committed, as an aider and abettor, a crime of physical violence in which the victim suffered great bodily injury or serious bodily injury shall be subject to discipline pursuant to subdivision (a). (u) As used in this section, “school property” includes, but is not limited to, electronic files and databases. (v) For a pupil subject to discipline under this section, a superintendent of the school district or principal is encouraged to provide alternatives to suspension or expulsion, using a research-based framework with strategies that improve behavioral and academic outcomes, that are age appropriate and designed to address and correct the pupil’s specific misbehavior as specified in Section 48900.5. (w) (1) A suspension or expulsion shall not be imposed against a pupil based solely on the fact that they are truant, tardy, or otherwise absent from school activities. (2) It is the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, be used to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community. (Amended by Stats. 2024, Ch. 840, Sec. 1. (AB 2711) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.1. Source version: id_1d64b8c9-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The governing board of each school district may adopt a policy authorizing teachers to require the parent or guardian of a pupil who has been suspended by a teacher pursuant to Section 48910 for reasons specified in subdivision (i) or (k) of Section 48900, to attend a portion of a schoolday in the classroom of his or her child or ward. The policy shall take into account reasonable factors that may prevent compliance with a notice to attend. The attendance of the parent or guardian shall be limited to the class from which the pupil was suspended. (b) The policy shall be adopted pursuant to the procedures set forth in Sections 35291 and 35291.5. Parents and guardians shall be notified of this policy prior to its implementation. A teacher shall apply any policy adopted pursuant to this section uniformly to all pupils within the classroom. The adopted policy shall include the procedures that the district will follow to accomplish the following: (1) Ensure that parents or guardians who attend school for the purposes of this section meet with the school administrator or his or her designee after completing the classroom visitation and before leaving the schoolsite. (2) Contact parents or guardians who do not respond to the request to attend school pursuant to this section. (c) If a teacher imposes the procedure pursuant to subdivision (a), the principal shall send a written notice to the parent or guardian stating that attendance by the parent or guardian is pursuant to law. This section shall apply only to a parent or guardian who is actually living with the pupil. (d) A parent or guardian who has received a written notice pursuant to subdivision (c) shall attend class as specified in the written notice. The notice may specify that the attendance of the parent or guardian be on the day the pupil is scheduled to return to class, or within a reasonable period of time thereafter, as established by the policy of the board adopted pursuant to subdivision (a). (Amended by Stats. 2004, Ch. 895, Sec. 9. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.2. Source version: id_d6f6b381-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. In addition to the reasons specified in Section 48900, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has committed sexual harassment as defined in Section 212.5. For the purposes of this chapter, the conduct described in Section 212.5 must be considered by a reasonable person of the same gender as the victim to be sufficiently severe or pervasive to have a negative impact upon the individual’s academic performance or to create an intimidating, hostile, or offensive educational environment. This section shall not apply to pupils enrolled in kindergarten and grades 1 to 3, inclusive. (Added by Stats. 1992, Ch. 909, Sec. 2. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.3. Source version: id_d6f83a23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Section 233. (Amended by Stats. 1999, Ch. 646, Sec. 25. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.4. Source version: id_d6f83a25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment. (Amended by Stats. 2002, Ch. 643, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.5. Source version: id_b2fde099-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) Suspension, including supervised suspension as described in Section 48911.1, shall be imposed only when other means of correction fail to bring about proper conduct. A school district may document the other means of correction used and place that documentation in the pupil’s record, which may be accessed pursuant to Section 49069.7. However, a pupil, including an individual with exceptional needs, as defined in Section 56026, may be suspended, subject to Section 1415 of Title 20 of the United States Code, for any of the reasons enumerated in Section 48900 upon a first offense, if the principal or superintendent of schools determines that the pupil violated subdivision (a), (b), (c), (d), or (e) of Section 48900 or that the pupil’s presence causes a danger to persons. (b) Other means of correction include, but are not limited to, the following: (1) A conference between school personnel, the pupil’s parent or guardian, and the pupil. (2) Referrals to the school counselor, psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling. (3) Study teams, guidance teams, resource panel teams, or other intervention-related teams that assess the behavior, and develop and implement individualized plans to address the behavior in partnership with the pupil and the pupil’s parents. (4) Referral for a comprehensive psychosocial or psychoeducational assessment, including for purposes of creating an individualized education program, or a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). (5) Enrollment in a program for teaching prosocial behavior or anger management. (6) Participation in a restorative justice program. (7) A positive behavior support approach with tiered interventions that occur during the schoolday on campus. (8) After school programs that address specific behavioral issues or expose pupils to positive activities and behaviors, including, but not limited to, those operated in collaboration with local parent and community groups. (9) Any of the alternatives described in Section 48900.6. (c) For a pupil who has been suspended, or for whom other means of correction have been implemented pursuant to subdivision (b), for an incident of racist bullying, harassment, or intimidation, local educational agencies are encouraged to have both the victim and perpetrator engage in a restorative justice practice that is found to suit the needs of both the victim and the perpetrator. Local educational agencies are encouraged to regularly check on the victim of racist bullying, harassment, or intimidation to ensure that the victim is not in danger of suffering from long-lasting mental health issues. Local educational agencies are encouraged to require perpetrators to engage in culturally sensitive programs that promote racial justice and equity and combat racism and ignorance. (Amended by Stats. 2023, Ch. 22, Sec. 1. (AB 1165) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.6. Source version: id_d6f83a29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. As part of or instead of disciplinary action prescribed by this article, the principal of a school, the principal’s designee, the superintendent of schools, or the governing board may require a pupil to perform community service on school grounds or, with written permission of the parent or guardian of the pupil, off school grounds, during the pupil’s nonschool hours. For the purposes of this section, “community service” may include, but is not limited to, work performed in the community or on school grounds in the areas of outdoor beautification, community or campus betterment, and teacher, peer, or youth assistance programs. This section does not apply if a pupil has been suspended, pending expulsion, pursuant to Section 48915. However, this section applies if the recommended expulsion is not implemented or is, itself, suspended by stipulation or other administrative action. (Amended (as amended by Stats. 1995, Ch. 972) by Stats. 2000, Ch. 225, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.7. Source version: id_d6f83a2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) In addition to the reasons specified in Sections 48900, 48900.2, 48900.3, and 48900.4, a pupil may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both. (b) For the purposes of this section, “terroristic threat” shall include any statement, whether written or oral, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars ($1,000), with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, or for the protection of school district property, or the personal property of the person threatened or his or her immediate family. (Added by Stats. 1997, Ch. 405, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.8. Source version: id_1032424c-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. For purposes of notification to parents, and for the reporting of expulsion or suspension offenses to the department, each school district shall specifically identify, by offense committed, in all appropriate official records of a pupil each suspension or expulsion of that pupil for the commission of any of the offenses set forth in Section 48900, 48900.2, 48900.3, 48900.4, 48900.7, or 48915. (Amended by Stats. 2005, Ch. 677, Sec. 33. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48900.9. Source version: id_0303def9-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The superintendent of a school district, the principal of a school, or the principal’s designee may refer a victim of, witness to, or other pupil affected by, an act of bullying, as defined in paragraph (1) of subdivision (r) of Section 48900, committed on or after January 1, 2015, to the school counselor, school psychologist, social worker, child welfare attendance personnel, school nurse, or other school support service personnel for case management, counseling, and participation in a restorative justice program, as appropriate. (b) A pupil who has engaged in an act of bullying, as defined in paragraph (1) of subdivision (r) of Section 48900, may also be referred to the school counselor, school psychologist, social worker, child welfare attendance personnel, or other school support service personnel for case management and counseling, or for participation in a restorative justice program, pursuant to Section 48900.5. (Amended by Stats. 2015, Ch. 303, Sec. 104. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48901. Source version: id_58078ff9-2e84-11e6-a283-b6c1cc3c4d02 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) No school shall permit the smoking or use of a tobacco product by pupils of the school while the pupils are on campus, or while attending school-sponsored activities or while under the supervision and control of school district employees. (b) The governing board of any school district maintaining a high school shall take all steps it deems practical to discourage high school students from smoking. (c) For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (d) For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. (Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 9. (SB 5 2x) Effective June 9, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48901.1. Source version: id_3a278612-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. Notwithstanding Section 47610 or any other law, the following provisions apply to charter schools: (a) (1) A pupil enrolled in a charter school in kindergarten or any of grades 1 to 5, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties, and those acts shall not constitute grounds for a pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, to be recommended for expulsion. (2) A pupil enrolled in a charter school in any of grades 6 to 8, inclusive, shall not be suspended on the basis of having disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties. This paragraph is inoperative on July 1, 2029. (3) Except as provided in Section 48910, commencing July 1, 2024, a pupil enrolled in a charter school in any of grades 9 to 12, inclusive, shall not be suspended for any of the acts described in paragraph (1). This paragraph is inoperative on July 1, 2029. (4) (A) A certificated or noncertificated employee may refer a pupil to charter school administrators for appropriate and timely in-school interventions or supports from the list specified in subdivision (b) of Section 48900.5 for any of the acts described in paragraph (1). (B) A charter school administrator shall, within five business days, document the actions taken pursuant to subparagraph (A) and place that documentation in the pupil’s record to be available for access, to the extent permissible under state and federal law, pursuant to Section 49069.7. The charter school administrator shall, by the end of the fifth business day, also inform the referring certificated or noncertificated employee, verbally or in writing, what actions were taken and, if none, the rationale used for not providing any appropriate or timely in-school interventions or supports. (b) A pupil enrolled in a charter school in kindergarten or any of grades 1 to 12, inclusive, who voluntarily discloses their use of a tobacco product, controlled substance, alcohol, or an intoxicant of any kind in order to seek help through services or supports shall not be suspended solely for that disclosure. (Amended by Stats. 2024, Ch. 840, Sec. 2. (AB 2711) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48901.5. Source version: id_d6f9c0d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The governing board of each school district, or its designee, may regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including, but not limited to, paging and signaling equipment, by pupils of the school district while the pupils are on campus, while attending school-sponsored activities, or while under the supervision and control of school district employees. (b) No pupil shall be prohibited from possessing or using an electronic signaling device that is determined by a licensed physician and surgeon to be essential for the health of the pupil and use of which is limited to purposes related to the health of the pupil. (Amended by Stats. 2002, Ch. 253, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48901.7. Source version: id_64235bb6-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The governing board of a school district, a county board of education, and the governing body of a charter school shall, no later than July 1, 2026, develop and adopt, and shall update every five years, a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. The goal of the policy shall be to promote evidence-based use of smartphone practices to support pupil learning and well-being. The development of the policy shall involve significant stakeholder participation in order to ensure that the policies are responsive to the unique needs and desires of pupils, parents, and educators in each community. The policy may also include enforcement mechanisms that limit access to smartphones. (b) Notwithstanding subdivision (a), a pupil shall not be prohibited from possessing or using a smartphone under any of the following circumstances: (1) Unless explicitly addressed in a comprehensive school safety plan adopted pursuant to Section 32282, in the case of an emergency or in response to a perceived threat of danger. (2) When a teacher or administrator of the school district, county office of education, or charter school grants permission to a pupil to possess or use a smartphone, subject to any reasonable limitation imposed by that teacher or administrator. (3) When a licensed physician and surgeon determines that the possession or use of a smartphone is necessary for the health or well-being of the pupil. (4) When the possession or use of a smartphone is required in a pupil’s individualized education program. (c) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities. (Amended by Stats. 2025, Ch. 284, Sec. 1. (AB 962) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48901.8. Source version: id_fde3b22c-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) (1) The governing board of a school district, a county board of education, or the governing body of a charter school may adopt a policy to limit or prohibit the use by its pupils of social media while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. (2) This section does not authorize monitoring, collecting, or otherwise accessing any information related to a pupil’s online activities. (b) For purposes of this section, “social media” means a “social media platform” as that term is defined in Section 22675 of the Business and Professions Code. (Added by Stats. 2024, Ch. 891, Sec. 1. (SB 1283) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48902. Source version: id_f4f58f76-6cde-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The principal of a school or the principal’s designee shall, before the suspension or expulsion of any pupil, notify the appropriate law enforcement authorities of the county or city in which the school is situated, of any acts of the pupil that may violate Section 245 of the Penal Code. (b) The principal of a school or the principal’s designee shall, within one schoolday after suspension or expulsion of any pupil, notify, by telephone or any other appropriate method chosen by the school, the appropriate law enforcement authorities of the county or the school district in which the school is situated of any acts of the pupil that may violate subdivision (c) or (d) of Section 48900. (c) Notwithstanding subdivision (b), the principal of a school or the principal’s designee shall notify the appropriate law enforcement authorities of the county or city in which the school is located of any acts of a pupil that may involve the possession or sale of narcotics or of a controlled substance or a violation of Section 626.9 or 626.10 of the Penal Code. The principal of a school or the principal’s designee shall report any act specified in paragraph (1) or (5) of subdivision (c) of Section 48915 committed by a pupil or nonpupil on a schoolsite to the city police or county sheriff with jurisdiction over the school and the school security department or the school police department, as applicable. (d) A principal, the principal’s designee, or any other person reporting a known or suspected act described in subdivision (a) or (b) is not civilly or criminally liable as a result of making any report authorized by this article unless it can be proven that a false report was made and that the person knew the report was false or the report was made with reckless disregard for the truth or falsity of the report. (e) The principal of a school or the principal’s designee reporting a criminal act committed by a schoolage individual with exceptional needs, as defined in Section 56026, shall ensure that copies of the special education and disciplinary records of the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the United States Code, for consideration by the appropriate authorities to whom he or she reports the criminal act. Any copies of the pupil’s special education and disciplinary records may be transmitted only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et seq.). (Amended by Stats. 2013, Ch. 76, Sec. 41. (AB 383) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48903. Source version: id_d6f9c0d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) Except as provided in subdivision (g) of Section 48911 and in Section 48912, the total number of days for which a pupil may be suspended from school shall not exceed 20 schooldays in any school year, unless for purposes of adjustment, a pupil enrolls in or is transferred to another regular school, an opportunity school or class, or a continuation education school or class, in which case the total number of schooldays for which the pupil may be suspended shall not exceed 30 days in any school year. (b) For the purposes of this section, a school district may count suspensions that occur while a pupil is enrolled in another school district toward the maximum number of days for which a pupil may be suspended in any school year. (Amended by Stats. 1998, Ch. 527, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48904. Source version: id_cf2357c8-47ec-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) (1) Notwithstanding Section 1714.1 of the Civil Code, the parent or guardian of any minor whose willful misconduct results in injury or death to any pupil or any person employed by, or performing volunteer services for, a school district or private school or who willfully cuts, defaces, or otherwise injures in any way any property, real or personal, belonging to a school district or private school, or personal property of any school employee, shall be liable for all damages so caused by the minor. The liability of the parent or guardian shall not exceed ten thousand dollars ($10,000), adjusted annually for inflation. The parent or guardian shall be liable also for the amount of any reward not exceeding ten thousand dollars ($10,000), adjusted annually for inflation, paid pursuant to Section 53069.5 of the Government Code. The parent or guardian of a minor shall be liable to a school district or private school for all property belonging to the school district or private school loaned to the minor and not returned upon demand of an employee of the school district or private school authorized to make the demand. (2) The Superintendent annually shall compute an adjustment of the liability limits prescribed by this subdivision to reflect the percentage change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the prior fiscal year. The annual adjustment shall be rounded to the nearest one hundred dollars ($100). (b) (1) Any school district or private school whose real or personal property has been willfully cut, defaced, or otherwise injured, or whose property is loaned to a pupil and willfully not returned upon demand of an employee of the school district or private school authorized to make the demand may, after affording the pupil his or her due process rights, withhold the grades, diploma, and transcripts of the pupil responsible for the damage until the pupil or the pupil’s parent or guardian has paid for the damages thereto, as provided in subdivision (a). (2) The school district or private school shall notify the parent or guardian of the pupil in writing of the pupil’s alleged misconduct before withholding the pupil’s grades, diploma, or transcripts pursuant to this subdivision. When the minor and parent are unable to pay for the damages, or to return the property, the school district or private school shall provide a program of voluntary work for the minor in lieu of the payment of monetary damages. Upon completion of the voluntary work, the grades, diploma, and transcripts of the pupil shall be released. (3) The governing board of each school district or governing body of each private school shall establish rules and regulations governing procedures for the implementation of this subdivision. The procedures shall conform to, but are not necessarily limited to, those procedures established in this code for the expulsion of pupils. (Amended by Stats. 2012, Ch. 589, Sec. 10. (AB 2662) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48904.3. Source version: id_d6fb4779-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) Upon receiving notice that a school district has withheld the grades, diploma, or transcripts of any pupil pursuant to Section 48904, any school district to which the pupil has transferred shall likewise withhold the grades, diploma, or transcripts of the pupil as authorized by that section, until the time that it receives notice, from the district that initiated the decision to withhold, that the decision has been rescinded under the terms of that section. (b) Any school district that has decided to withhold a pupil’s grades, diploma, or transcripts pursuant to Section 48904 shall, upon receiving notice that the pupil has transferred to any school district in this state, notify the parent or guardian of the pupil in writing that the decision to withhold will be enforced as specified in subdivision (a). (c) For purposes of this section and Section 48904, “school district” is defined to include any county superintendent of schools. (d) This section and Section 48904 shall also apply to the state special schools, as described in subdivision (a) of Section 48927. (Amended by Stats. 2002, Ch. 492, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48905. Source version: id_d6fb477b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. An employee of a school district whose person or property is injured or damaged by the willful misconduct of a pupil who attends school in such district, when the employee or the employee’s property is (1) located on property owned by the district, (2) being transported to or from an activity sponsored by the district or a school within the district, (3) present at an activity sponsored by such district or school, or (4) otherwise injured or damaged in retaliation for acts lawfully undertaken by the employee in execution of the employee’s duties, may request the school district to pursue legal action against the pupil who caused the injury or damage, or the pupil’s parent or guardian pursuant to Section 48904. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48906. Source version: id_2c2fe461-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. When a principal or other school official releases a minor pupil to a peace officer for the purpose of removing the minor from the school premises, the school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to the officer, and regarding the place to which the minor is reportedly being taken, except when a minor has been taken into custody as a victim of suspected child abuse, as defined in Section 11165.6 of the Penal Code, or pursuant to Section 305 of the Welfare and Institutions Code. In those cases, the school official shall provide the peace officer with the address and telephone number of the minor’s parent or guardian. The peace officer shall take immediate steps to notify the parent, guardian, or responsible relative of the minor that the minor is in custody and the place where he or she is being held. If the officer has a reasonable belief that the minor would be endangered by a disclosure of the place where the minor is being held, or that the disclosure would cause the custody of the minor to be disturbed, the officer may refuse to disclose the place where the minor is being held for a period not to exceed 24 hours. The officer shall, however, inform the parent, guardian, or responsible relative whether the child requires and is receiving medical or other treatment. The juvenile court shall review any decision not to disclose the place where the minor is being held at a subsequent detention hearing. (Amended by Stats. 2005, Ch. 279, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48907. Source version: id_ea02850c-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) Pupils of the public schools, including charter schools, shall have the right to exercise freedom of speech and of the press including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, the wearing of buttons, badges, and other insignia, and the right of expression in official publications, whether or not the publications or other means of expression are supported financially by the school or by use of school facilities, except that expression shall be prohibited which is obscene, libelous, or slanderous. Also prohibited shall be material that so incites pupils as to create a clear and present danger of the commission of unlawful acts on school premises or the violation of lawful school regulations, or the substantial disruption of the orderly operation of the school. (b) The governing board or body of each school district or charter school and each county board of education shall adopt rules and regulations in the form of a written publications code, which shall include reasonable provisions for the time, place, and manner of conducting such activities within its respective jurisdiction. (c) Pupil editors of official school publications shall be responsible for assigning and editing the news, editorial, and feature content of their publications subject to the limitations of this section. However, it shall be the responsibility of a journalism adviser or advisers of pupil publications within each school to supervise the production of the pupil staff, to maintain professional standards of English and journalism, and to maintain the provisions of this section. (d) There shall be no prior restraint of material prepared for official school publications except insofar as it violates this section. School officials shall have the burden of showing justification without undue delay prior to a limitation of pupil expression under this section. (e) “Official school publications” refers to material produced by pupils in the journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee. (f) This section does not prohibit or prevent the governing board or body of a school district or charter school from adopting otherwise valid rules and regulations relating to oral communication by pupils upon the premises of each school. (g) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a pupil engaged in the conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution. (Amended by Stats. 2010, Ch. 142, Sec. 2. (SB 438) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48908. Source version: id_d6fb4781-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. All pupils shall comply with the regulations, pursue the required course of study, and submit to the authority of the teachers of the schools. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48909. Source version: id_d6fcce23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. When a petition is requested in juvenile court or a complaint is filed in any court alleging that a minor of compulsory school attendance age or any pupil currently enrolled in a public school in a grade to and including grade 12 is a person who (a) has used, sold, or possessed narcotics or other hallucinogenic drugs or substances; (b) has inhaled or breathed the fumes of, or ingested any poison classified as such in Section 4160 of the Business and Professions Code; or (c) has committed felonious assault, homicide, or rape the district attorney may, within 48 hours, provide written notice to the superintendent of the school district of attendance, notwithstanding the provisions of Section 827 of the Welfare and Institutions Code, and to the pupil’s parent or guardian. (Amended by Stats. 1991, Ch. 1202, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48910. Source version: id_1df7f81b-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the designee of the principal for appropriate action. If that action requires the continued presence of the pupil at the schoolsite, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a school psychologist may attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal. (b) A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended. (c) A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or the designee of the principal for consideration of a suspension from the school. (Amended by Stats. 2004, Ch. 895, Sec. 10. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48911. Source version: id_360f0898-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The principal of the school, the principal’s designee, or the district superintendent of schools may suspend a pupil from the school for any of the reasons enumerated in Section 48900, and pursuant to Section 48900.5, for no more than five consecutive schooldays. (b) Suspension by the principal, the principal’s designee, or the district superintendent of schools shall be preceded by an informal conference conducted by the principal, the principal’s designee, or the district superintendent of schools between the pupil and, whenever practicable, the teacher, supervisor, or school employee who referred the pupil to the principal, the principal’s designee, or the district superintendent of schools. At the conference, the pupil shall be informed of the reason for the disciplinary action, including the other means of correction that were attempted before the suspension as required under Section 48900.5, and the evidence against the pupil, and shall be given the opportunity to present the pupil’s version and evidence in the pupil’s defense. (c) A principal, the principal’s designee, or the district superintendent of schools may suspend a pupil without affording the pupil an opportunity for a conference only if the principal, the principal’s designee, or the district superintendent of schools determines that an emergency situation exists. “Emergency situation,” as used in this article, means a situation determined by the principal, the principal’s designee, or the district superintendent of schools to constitute a clear and present danger to the life, safety, or health of pupils or school personnel. If a pupil is suspended without a conference before suspension, the pupil and the pupil’s parent or guardian, or, if the pupil is a foster child, the foster child’s educational rights holder, attorney, and county social worker, or, if the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the Indian child’s tribal social worker and, if applicable, county social worker shall be notified of the pupil’s right to a conference and the pupil’s right to return to school for the purpose of a conference. The conference shall be held within two schooldays, unless the pupil waives this right or is physically unable to attend for any reason, including, but not limited to, incarceration or hospitalization. The conference shall then be held as soon as the pupil is physically able to return to school for the conference. (d) At the time of suspension, a school employee shall make a reasonable effort to contact the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker in person, by email, or by telephone. If a pupil is suspended from school, the parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker shall be notified in writing of the suspension. (e) A school employee shall report the suspension of the pupil, including the cause for the suspension, to the governing board of the school district or to the district superintendent of schools in accordance with the regulations of the governing board of the school district. (f) (1) The parent or guardian of a pupil or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker shall respond without delay to a request from school officials to attend a conference regarding the child’s behavior. (2) Penalties shall not be imposed on a pupil for failure of the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker to attend a conference with school officials. Reinstatement of the suspended pupil shall not be contingent upon attendance by the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker at the conference. (g) In a case where expulsion from a school or suspension for the balance of the semester from continuation school is being processed by the governing board of the school district, the district superintendent of schools or other person designated by the district superintendent of schools in writing may extend the suspension until the governing board of the school district has rendered a decision in the action. However, an extension may be granted only if the district superintendent of schools or the district superintendent’s designee has determined, following a meeting in which the pupil and the pupil’s parent or guardian are invited to participate, that the presence of the pupil at the school or in an alternative school placement would cause a danger to persons or property or a threat of disrupting the instructional process. If the pupil is a foster child, as defined in Section 48853.5, the district superintendent of schools or the district superintendent’s designee, including, but not limited to, the educational liaison for the school district, shall also invite the pupil’s educational rights holder, attorney, and the county social worker to participate in the meeting. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the district superintendent of schools or the district superintendent’s designee, including, but not limited to, the educational liaison for the school district, shall also invite the pupil’s tribal social worker and, if applicable, county social worker to participate in the meeting. If the pupil, the pupil’s parent or guardian, or, if applicable, the foster child’s educational rights holder, attorney, or county social worker, or, if applicable, the Indian child’s tribal social worker or, if applicable, county social worker has requested a meeting to challenge the original suspension pursuant to Section 48914, the purpose of the meeting shall be to decide upon the extension of the suspension order under this section and may be held in conjunction with the initial meeting on the merits of the suspension. (h) (1) For purposes of this section, a “principal’s designee” is one or more administrators at the schoolsite specifically designated by the principal, in writing, to assist with disciplinary procedures. (2) In the event that there is not an administrator in addition to the principal at the schoolsite, a certificated person at the schoolsite may be specifically designated by the principal, in writing, as a “principal’s designee,” to assist with disciplinary procedures. The principal may designate only one person at a time as the principal’s primary designee for the school year. (3) An additional person meeting the requirements of this subdivision may be designated by the principal, in writing, to act for purposes of this article when both the principal and the principal’s primary designee are absent from the schoolsite. The name of the person, and the names of any person or persons designated as “principal’s designee,” shall be on file in the principal’s office. (i) This section is not an exception to, and does not place any limitation on, Section 48903. (Amended by Stats. 2022, Ch. 400, Sec. 5. (AB 740) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48911.1. Source version: id_3aac5e7a-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) A pupil suspended from a school for any of the reasons enumerated in Sections 48900 and 48900.2 may be assigned, by the principal or the principal’s designee, to a supervised suspension classroom for the entire period of suspension if the pupil poses no imminent danger or threat to the campus, pupils, or staff, or if an action to expel the pupil has not been initiated. (b) Pupils assigned to a supervised suspension classroom shall be separated from other pupils at the schoolsite for the period of suspension in a separate classroom, building, or site for pupils under suspension. (c) School districts may continue to claim apportionments for each pupil assigned to and attending a supervised suspension classroom provided as follows: (1) The supervised suspension classroom is staffed as otherwise provided by law. (2) Each pupil has access to appropriate counseling services. (3) The supervised suspension classroom promotes completion of schoolwork and tests missed by the pupil during the suspension. (4) Each pupil is responsible for contacting the pupil’s teacher or teachers to receive assignments to be completed while the pupil is assigned to the supervised suspension classroom. The teacher shall provide all assignments and tests that the pupil will miss while suspended. If no classroom work is assigned, the person supervising the suspension classroom shall assign schoolwork. (d) At the time a pupil is assigned to a supervised suspension classroom, a school employee shall notify, in person, by email, or by telephone, the pupil’s parent or guardian, or, if the pupil is a foster child, the foster child’s educational rights holder, attorney, and county social worker, or, if the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the Indian child’s tribal social worker and, if applicable, county social worker. If a pupil is assigned to a supervised suspension classroom for longer than one class period, a school employee shall notify, in writing, the pupil’s parent or guardian or, if applicable, the foster child’s educational rights holder, attorney, and county social worker, or, if applicable, the Indian child’s tribal social worker and, if applicable, county social worker. (e) This section does not place any limitation on a school district’s ability to transfer a pupil to an opportunity school or class or a continuation education school or class. (f) Apportionments claimed by a school district for pupils assigned to supervised suspension shall be used specifically to mitigate the cost of implementing this section. (Amended by Stats. 2022, Ch. 400, Sec. 6. (AB 740) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48911.2. Source version: id_d6fe54cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) If the number of pupils suspended from school during the prior school year exceeded 30 percent of the school’s enrollment, the school should consider doing at least one of the following: (1) Implement the supervised suspension program described in Section 48911.1. (2) Implement an alternative to the school’s off-campus suspension program, which involves a progressive discipline approach that occurs during the schoolday on campus, using any of the following activities: (A) Conferences between the school staff, parents, and pupils. (B) Referral to the school counselor, psychologist, child welfare attendance personnel, or other school support service staff. (C) Detention. (D) Study teams, guidance teams, resource panel teams, or other assessment-related teams. (b) At the end of the academic year, the school may report to the district superintendent in charge of school support services, or other comparable administrator if that position does not exist, on the rate of reduction in the school’s off-campus suspensions and the plan or activities used to comply with subdivision (a). (c) It is the intent of the Legislature to encourage schools that choose to implement this section to examine alternatives to off-campus suspensions that lead to resolution of pupil misconduct without sending pupils off campus. Schools that use this section should not be precluded from suspending pupils to an off-campus site. (Added by Stats. 1994, Ch. 1016, Sec. 3. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48911.5. Source version: id_d6fe54cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. The site principal of a contracting nonpublic, nonsectarian school providing services to individuals with exceptional needs under Sections 56365 and 56366, shall have the same duties and responsibilities with respect to the suspension of pupils with previously identified exceptional needs prescribed for the suspension of pupils under Section 48911. (Added by Stats. 1985, Ch. 907, Sec. 3. Effective September 23, 1985.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48912. Source version: id_d6fe54cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The governing board may suspend a pupil from school for any of the acts enumerated in Section 48900 for any number of schooldays within the limits prescribed by Section 48903. (b) Notwithstanding the provisions of Section 35145 of this code and Section 54950 of the Government Code, the governing board of a school district shall, unless a request has been made to the contrary, hold closed sessions if the board is considering the suspension of, disciplinary action against, or any other action against, except expulsion, any pupil, if a public hearing upon that question would lead to the giving out of information concerning a school pupil which would be in violation of Article 5 (commencing with Section 49073) of Chapter 6.5. (c) Before calling a closed session to consider these matters, the governing board shall, in writing, by registered or certified mail or by personal service, notify the pupil and the pupil’s parent or guardian, or the pupil if the pupil is an adult, of the intent of the governing board to call and hold a closed session. Unless the pupil or the pupil’s parent or guardian shall, in writing, within 48 hours after receipt of the written notice of the board’s intention, request that the hearing be held as a public meeting, the hearing to consider these matters shall be conducted by the governing board in closed session. In the event that a written request is served upon the clerk or secretary of the governing board, the meeting shall be public, except that any discussion at that meeting which may be in conflict with the right to privacy of any pupil other than the pupil requesting the public meeting, shall be in closed session. (Amended by Stats. 1992, Ch. 1360, Sec. 4. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48912.5. Source version: id_d6fe54d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. The governing board of a school district may suspend a pupil enrolled in a continuation school or class for a period not longer than the remainder of the semester if any of the acts enumerated in Section 48900 occurred. The suspension shall meet the requirements of Section 48915. (Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48913. Source version: id_d6ffdb73-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. The teacher of any class from which a pupil is suspended may require the suspended pupil to complete any assignments and tests missed during the suspension. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48913.5. Source version: id_42495441-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) Upon the request of a parent, a legal guardian or other person holding the right to make educational decisions for the pupil, or the affected pupil, a teacher shall provide to a pupil in any of grades 1 to 12, inclusive, who has been suspended from school for two or more schooldays the homework that the pupil would otherwise have been assigned. (b) If a homework assignment that is requested pursuant to subdivision (a) and turned into the teacher by the pupil either upon the pupil’s return to school from suspension or within the timeframe originally prescribed by the teacher, whichever is later, is not graded before the end of the academic term, that assignment shall not be included in the calculation of the pupil’s overall grade in the class. (Added by Stats. 2019, Ch. 779, Sec. 3. (AB 982) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48914. Source version: id_d6ffdb75-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. Each school district is authorized to establish a policy that permits school officials to conduct a meeting with the parent or guardian of a suspended pupil to discuss the causes, the duration, the school policy involved, and other matters pertinent to the suspension. (Amended by Stats. 1987, Ch. 134, Sec. 6. Effective July 7, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48915. Source version: id_e39ac0dc-47ec-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) (1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct: (A) Causing serious physical injury to another person, except in self-defense. (B) Possession of any knife or other dangerous object of no reasonable use to the pupil. (C) Unlawful possession of any controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, except for either of the following: (i) The first offense for the possession of not more than one avoirdupois ounce of marijuana, other than concentrated cannabis. (ii) The possession of over-the-counter medication for use by the pupil for medical purposes or medication prescribed for the pupil by a physician. (D) Robbery or extortion. (E) Assault or battery, as defined in Sections 240 and 242 of the Penal Code, upon any school employee. (2) If the principal or the superintendent of schools makes a determination as described in paragraph (1), he or she is encouraged to do so as quickly as possible to ensure that the pupil does not lose instructional time. (b) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil committed an act listed in paragraph (1) of subdivision (a) or in subdivision (a), (b), (c), (d), or (e) of Section 48900. A decision to expel a pupil for any of those acts shall be based on a finding of one or both of the following: (1) Other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) Due to the nature of the act, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. (c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds: (1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of a school district. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed. (2) Brandishing a knife at another person. (3) Unlawfully selling a controlled substance listed in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (4) Committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or committing a sexual battery as defined in subdivision (n) of Section 48900. (5) Possession of an explosive. (d) The governing board of a school district shall order a pupil expelled upon finding that the pupil committed an act listed in subdivision (c), and shall refer that pupil to a program of study that meets all of the following conditions: (1) Is appropriately prepared to accommodate pupils who exhibit discipline problems. (2) Is not provided at a comprehensive middle, junior, or senior high school, or at any elementary school. (3) Is not housed at the schoolsite attended by the pupil at the time of suspension. (e) Upon recommendation by the principal or the superintendent of schools, or by a hearing officer or administrative panel appointed pursuant to subdivision (d) of Section 48918, the governing board of a school district may order a pupil expelled upon finding that the pupil, at school or at a school activity off of school grounds violated subdivision (f), (g), (h), (i), (j), (k), (l), or (m) of Section 48900, or Section 48900.2, 48900.3, or 48900.4, and either of the following: (1) That other means of correction are not feasible or have repeatedly failed to bring about proper conduct. (2) That due to the nature of the violation, the presence of the pupil causes a continuing danger to the physical safety of the pupil or others. (f) The governing board of a school district shall refer a pupil who has been expelled pursuant to subdivision (b) or (e) to a program of study that meets all of the conditions specified in subdivision (d). Notwithstanding this subdivision, with respect to a pupil expelled pursuant to subdivision (e), if the county superintendent of schools certifies that an alternative program of study is not available at a site away from a comprehensive middle, junior, or senior high school, or an elementary school, and that the only option for placement is at another comprehensive middle, junior, or senior high school, or another elementary school, the pupil may be referred to a program of study that is provided at a comprehensive middle, junior, or senior high school, or at an elementary school. (g) As used in this section, “knife” means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 31/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade. (h) As used in this section, the term “explosive” means “destructive device” as described in Section 921 of Title 18 of the United States Code. (Amended by Stats. 2012, Ch. 431, Sec. 3. (AB 2537) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48915.01. Source version: id_d6ffdb79-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. If the governing board of a school district has established a community day school pursuant to Section 48661 on the same site as a comprehensive middle, junior, or senior high school, or at any elementary school, the governing board does not have to meet the condition in paragraph (2) of subdivision (d) of Section 48915 when the board, pursuant to subdivision (f) of Section 48915, refers a pupil to a program of study and that program of study is at the community day school. All the other conditions of subdivision (d) of Section 48915 are applicable to the referral as required by subdivision (f) of Section 48915. (Added by Stats. 1996, Ch. 937, Sec. 3. Effective September 26, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48915.1. Source version: id_d701621b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) If the governing board of a school district receives a request from an individual who has been expelled from another school district for an act other than those described in subdivision (a) or (c) of Section 48915, for enrollment in a school maintained by the school district, the board shall hold a hearing to determine whether that individual poses a continuing danger either to the pupils or employees of the school district. The hearing and notice shall be conducted in accordance with the rules and regulations governing procedures for the expulsion of pupils as described in Section 48918. A school district may request information from another school district regarding a recommendation for expulsion or the expulsion of an applicant for enrollment. The school district receiving the request shall respond to the request with all deliberate speed but shall respond no later than five working days from the date of the receipt of the request. (b) If a pupil has been expelled from his or her previous school for an act other than those listed in subdivision (a) or (c) of Section 48915, the parent, guardian, or pupil, if the pupil is emancipated or otherwise legally of age, shall, upon enrollment, inform the receiving school district of his or her status with the previous school district. If this information is not provided to the school district and the school district later determines the pupil was expelled from the previous school, the lack of compliance shall be recorded and discussed in the hearing required pursuant to subdivision (a). (c) The governing board of a school district may make a determination to deny enrollment to an individual who has been expelled from another school district for an act other than those described in subdivision (a) or (c) of Section 48915, for the remainder of the expulsion period after a determination has been made, pursuant to a hearing, that the individual poses a potential danger to either the pupils or employees of the school district. (d) The governing board of a school district, when making its determination whether to enroll an individual who has been expelled from another school district for these acts, may consider the following options: (1) Deny enrollment. (2) Permit enrollment. (3) Permit conditional enrollment in a regular school program or another educational program. (e) Notwithstanding any other provision of law, the governing board of a school district, after a determination has been made, pursuant to a hearing, that an individual expelled from another school district for an act other than those described in subdivision (a) or (c) of Section 48915 does not pose a danger to either the pupils or employees of the school district, shall permit the individual to enroll in a school in the school district during the term of the expulsion, provided that he or she, subsequent to the expulsion, either has established legal residence in the school district, pursuant to Section 48200, or has enrolled in the school pursuant to an interdistrict agreement executed between the affected school districts pursuant to Chapter 5 (commencing with Section 46600). (Amended by Stats. 1996, Ch. 937, Sec. 4. Effective September 26, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48915.2. Source version: id_d701621d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) A pupil expelled from school for any of the offenses listed in subdivision (a) or (c) of Section 48915, shall not be permitted to enroll in any other school or school district during the period of expulsion unless it is a county community school pursuant to subdivision (c) of Section 1981, or a juvenile court school, as described in Section 48645.1, or a community day school pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27. (b) After a determination has been made, pursuant to a hearing under Section 48918, that an individual expelled from another school district for any act described in subdivision (a) or (c) of Section 48915 does not pose a danger to either the pupils or employees of the school district, the governing board of a school district may permit the individual to enroll in the school district after the term of expulsion, subject to one of the following conditions: (1) He or she has established legal residence in the school district, pursuant to Section 48200. (2) He or she is enrolled in the school pursuant to an interdistrict agreement executed between the affected school districts pursuant to Chapter 5 (commencing with Section 46600) of Part 26. (Amended by Stats. 1995, Ch. 974, Sec. 3. Effective January 1, 1996. Operative July 1, 1996, by Sec. 9 of Ch. 974, which was amended by Stats. 1996, Ch. 937.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48915.5. Source version: id_3f5489cc-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) An individual with exceptional needs, as defined in Section 56026, may be suspended or expelled from school in accordance with Section 1415(k) of Title 20 of the United States Code, the discipline provisions contained in Sections 300.530 to 300.537, inclusive, of Title 34 of the Code of Federal Regulations, and other provisions of this part that do not conflict with federal law and regulations. (b) A free appropriate public education for individuals with exceptional needs suspended or expelled from school shall be in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.530(d) of Title 34 of the Code of Federal Regulations. (c) If an individual with exceptional needs is excluded from schoolbus transportation, the pupil is entitled to be provided with an alternative form of transportation at no cost to the pupil or parent or guardian if that transportation is specified in the pupil’s individualized education program. (d) If the individual with exceptional needs is a foster child, as defined in Section 48853.5, and the local educational agency has proposed a change of placement, the educational rights holder, attorney, and county social worker for the individual with exceptional needs shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (e) If the individual with exceptional needs is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, and the local educational agency has proposed a change of placement due to an act for which a decision to recommend expulsion is at the discretion of the principal or the district superintendent of schools, the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (f) If the individual with exceptional needs is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, and the local educational agency has proposed a change of placement, the tribal social worker and, if applicable, county social worker for the individual with exceptional needs shall be invited to participate in the individualized education program team meeting that makes a manifestation determination pursuant to Section 1415(k) of Title 20 of the United States Code. The invitation may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (Amended by Stats. 2022, Ch. 400, Sec. 7. (AB 740) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48916. Source version: id_688f4158-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) An expulsion order shall remain in effect until the governing board, in the manner prescribed in this article, orders the readmission of a pupil. At the time an expulsion of a pupil is ordered for an act other than those described in subdivision (c) of Section 48915, the governing board shall set a date, not later than the last day of the semester following the semester in which the expulsion occurred, when the pupil shall be reviewed for readmission to a school maintained by the district or to the school the pupil last attended. If an expulsion is ordered during summer session or the intersession period of a year-round program, the governing board shall set a date, not later than the last day of the semester following the summer session or intersession period in which the expulsion occurred, when the pupil shall be reviewed for readmission to a school maintained by the district or to the school the pupil last attended. For a pupil who has been expelled pursuant to subdivision (c) of Section 48915, the governing board shall set a date of one year from the date the expulsion occurred, when the pupil shall be reviewed for readmission to a school maintained by the district, except that the governing board may set an earlier date for readmission on a case-by-case basis. (b) (1) The governing board shall recommend a plan of rehabilitation for the pupil at the time of the expulsion order, which shall include, but not be limited to, periodic review and a preliminary assessment for readmission at least 45 days before the end of the expulsion term. The plan shall be tailored to the individual pupil’s needs and address the pupil’s behavior that led to the expulsion. The plan may be developed in consultation with school personnel who have knowledge or special expertise regarding the pupil and include recommendations for improved academic performance, tutoring, special education assessments, job training, counseling, employment, community service, or other rehabilitative programs. (2) The governing board shall assist the pupil in locating opportunities accessible to the pupil that are necessary to complete the requirements of a plan for rehabilitation, including, but not limited to, opportunities for counseling and community service. (3) The governing board shall not require the pupil or the pupil’s parent or guardian to pay for any costs or services the governing board determines to be necessary for the pupil to complete a plan of rehabilitation. (c) (1) The governing board of each school district shall adopt rules and regulations establishing a procedure for the filing and processing of requests for readmission, a process for the required review of all expelled pupils for readmission, and a procedure for the transition process for readmitted pupils. As part of the process for a required review, the governing board shall indicate whether or not the pupil had access to the necessary resources to complete their rehabilitation plan. A rehabilitation plan that is not completed due to financial or transportation barriers or a lack of viable opportunities to complete a term of the rehabilitation plan shall not be a basis to deny the readmission of a pupil. A description of the readmission procedure shall be made available to the pupil and the pupil’s parent or guardian at the same time the pupil and the pupil’s parent or guardian are notified of the expulsion order. (2) Upon completion of the readmission review process, the governing board shall readmit the pupil, unless the governing board makes a finding that the pupil (A) has not substantially met the conditions of the rehabilitation plan despite having access to the necessary resources and viable opportunities to complete their rehabilitation plan or (B) continues to exhibit documented behaviors that the pupil was expelled for or is documented to have committed one or more new acts during the expulsion term that would make the pupil eligible for another expulsion. (3) If the pupil is not readmitted pursuant to paragraph (2), the expulsion term may be extended for one semester at a time, at which point the pupil shall be reassessed for readmission pursuant to paragraph (1). (d) If the governing board denies the readmission of an expelled pupil pursuant to subdivision (c), the governing board shall make a determination to continue the placement of the pupil in the alternative educational program initially selected for the pupil during the period of the expulsion order or to place the pupil in another program that may include, but need not be limited to, serving expelled pupils, including placement in a county community school. (e) The governing board shall provide written notice to the expelled pupil and the pupil’s parent or guardian describing the reasons for denying the pupil readmittance into the regular school district program. The written notice shall also include the determination of the educational program for the expelled pupil pursuant to subdivision (d). The expelled pupil shall enroll in that educational program unless the parent or guardian of the pupil elects to enroll the pupil in another school district. (Amended by Stats. 2025, Ch. 294, Sec. 1. (AB 1230) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48916.1. Source version: id_6cfef78a-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) At the time an expulsion of a pupil is ordered, the governing board of the school district shall ensure that an educational program is provided to the pupil who is subject to the expulsion order for the period of the expulsion. Before an expulsion order is finalized, the governing board shall notify the pupil and the pupil’s family of the available educational options for expelled pupils as outlined in the plan pursuant to Section 48926. No later than three days after the expulsion, the governing board shall complete the initial referral of the pupil for enrollment in an educational program. Except for pupils expelled pursuant to subdivision (d) of Section 48915, the governing board of a school district is required to implement the provisions of this section only to the extent funds are appropriated for this purpose in the annual Budget Act or other legislation, or both. (b) Notwithstanding any other law, an educational program provided pursuant to subdivision (a) may be operated by the school district, the county superintendent of schools, or a consortium of districts or in joint agreement with the county superintendent of schools. (c) An educational program provided pursuant to subdivision (b) may not be situated within or on the grounds of the school from which the pupil was expelled. (d) If the pupil who is subject to the expulsion order was expelled from any of kindergarten or grades 1 to 6, inclusive, the educational program provided pursuant to subdivision (b) may not be combined or merged with educational programs offered to pupils in any of grades 7 to 12, inclusive. The district or county program is the only program required to be provided to expelled pupils as determined by the governing board of the school district. This subdivision, as it relates to the separation of pupils by grade levels, does not apply to community day schools offering instruction in any of kindergarten and grades 1 to 8, inclusive, and established in accordance with Section 48660. (e) (1) Each school district shall maintain the following outcome data: (A) The number of pupils recommended for expulsion. (B) The grounds for each recommended expulsion. (C) Whether the pupil was subsequently expelled. (D) Whether the expulsion order was suspended. (E) The type of referral made after the expulsion. (F) The disposition of the pupil after the end of the period of expulsion, including the completion of a rehabilitation plan or the successful readmission of the pupil, or both. (G) The average length of expulsion terms, including any extensions. (2) The Superintendent may require a school district to report this data as part of the coordinated compliance review. (f) If the county superintendent of schools is unable at any time during the expulsion term and for any reason to serve the expelled pupils of a school district within the county, the county superintendent of schools shall notify the governing board of that school district. Upon notification, the governing board of the school district shall ensure that another educational program is provided to the pupil who is subject to an expulsion order for the duration of the expulsion order. The governing board of the school district may enter into an agreement with a county superintendent of schools in another county to provide education services for the school district’s expelled pupils. Upon the change of a pupil’s eligibility for an educational program or at the request of the pupil’s parent or guardian, the governing board of the school district shall review with the pupil and the pupil’s parent or guardian the educational options for expelled pupils as outlined in the plan pursuant to Section 48926. (Amended by Stats. 2025, Ch. 294, Sec. 2. (AB 1230) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48916.5. Source version: id_d702e8c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. The governing board may require a pupil who is expelled from school for reasons relating to controlled substances, as defined in Sections 11054 to 11058, inclusive, of the Health and Safety Code, or alcohol, prior to returning to school to enroll in a county-supported drug rehabilitation program. No pupil shall be required to enroll in a rehabilitation program pursuant to this section without the consent of his or her parent or guardian. (Added by Stats. 1988, Ch. 50, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48917. Source version: id_d7046f69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The governing board, upon voting to expel a pupil, may suspend the enforcement of the expulsion order for a period of not more than one calendar year and may, as a condition of the suspension of enforcement, assign the pupil to a school, class, or program that is deemed appropriate for the rehabilitation of the pupil. The rehabilitation program to which the pupil is assigned may provide for the involvement of the pupil’s parent or guardian in his or her child’s education in ways that are specified in the rehabilitation program. A parent or guardian’s refusal to participate in the rehabilitation program shall not be considered in the governing board’s determination as to whether the pupil has satisfactorily completed the rehabilitation program. (b) The governing board shall apply the criteria for suspending the enforcement of the expulsion order equally to all pupils, including individuals with exceptional needs as defined in Section 56026. (c) During the period of the suspension of the expulsion order, the pupil is deemed to be on probationary status. (d) The governing board may revoke the suspension of an expulsion order under this section if the pupil commits any of the acts enumerated in Section 48900 or violates any of the district’s rules and regulations governing pupil conduct. When the governing board revokes the suspension of an expulsion order, a pupil may be expelled under the terms of the original expulsion order. (e) Upon satisfactory completion of the rehabilitation assignment of a pupil, the governing board shall reinstate the pupil in a school of the district and may also order the expungement of any or all records of the expulsion proceedings. (f) A decision of the governing board to suspend an expulsion order does not affect the time period and requirements for the filing of an appeal of the expulsion order with the county board of education required under Section 48919. Any appeal shall be filed within 30 days of the original vote of the governing board. (Amended by Stats. 1995, Ch. 95, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48918. Source version: id_0a77cf7c-898f-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. The governing board of each school district shall establish rules and regulations governing procedures for the expulsion of pupils. These procedures shall include, but are not necessarily limited to, all of the following: (a) (1) The pupil shall be entitled to a hearing to determine whether the pupil should be expelled. An expulsion hearing shall be held within 30 schooldays after the date the principal or the superintendent of schools determines that the pupil has committed any of the acts enumerated in Section 48900, unless the pupil requests, in writing, that the hearing be postponed. The adopted rules and regulations shall specify that the pupil is entitled to at least one postponement of an expulsion hearing, for a period of not more than 30 calendar days. Any additional postponement may be granted at the discretion of the governing board of the school district. (2) Within 10 schooldays after the conclusion of the hearing, the governing board of the school district shall decide whether to expel the pupil, unless the pupil requests in writing that the decision be postponed. If the hearing is held by a hearing officer or an administrative panel, or if the governing board of the school district does not meet on a weekly basis, the governing board of the school district shall decide whether to expel the pupil within 40 schooldays after the date of the pupil’s removal from his or her school of attendance for the incident for which the recommendation for expulsion is made by the principal or the superintendent of schools, unless the pupil requests in writing that the decision be postponed. (3) If compliance by the governing board of the school district with the time requirements for the conducting of an expulsion hearing under this subdivision is impracticable during the regular school year, the superintendent of schools or the superintendent’s designee may, for good cause, extend the time period for the holding of the expulsion hearing for an additional five schooldays. If compliance by the governing board of the school district with the time requirements for the conducting of an expulsion hearing under this subdivision is impractical due to a summer recess of governing board meetings of more than two weeks, the days during the recess period shall not be counted as schooldays in meeting the time requirements. The days not counted as schooldays in meeting the time requirements for an expulsion hearing because of a summer recess of governing board meetings shall not exceed 20 schooldays, as defined in subdivision (c) of Section 48925, and unless the pupil requests in writing that the expulsion hearing be postponed, the hearing shall be held not later than 20 calendar days before the first day of school for the school year. Reasons for the extension of the time for the hearing shall be included as a part of the record at the time the expulsion hearing is conducted. Upon the commencement of the hearing, all matters shall be pursued and conducted with reasonable diligence and shall be concluded without any unnecessary delay. (b) Written notice of the hearing shall be forwarded to the pupil at least 10 calendar days before the date of the hearing. The notice shall include all of the following: (1) The date and place of the hearing. (2) A statement of the specific facts and charges upon which the proposed expulsion is based. (3) A copy of the disciplinary rules of the school district that relate to the alleged violation. (4) A notice of the parent, guardian, or pupil’s obligation pursuant to subdivision (b) of Section 48915.1. (5) Notice of the opportunity for the pupil or the pupil’s parent or guardian to appear in person or to be represented by legal counsel or by a nonattorney adviser, to inspect and obtain copies of all documents to be used at the hearing, to confront and question all witnesses who testify at the hearing, to question all other evidence presented, and to present oral and documentary evidence on the pupil’s behalf, including witnesses. In a hearing in which a pupil is alleged to have committed or attempted to commit a sexual assault as specified in subdivision (n) of Section 48900 or to have committed a sexual battery as defined in subdivision (n) of Section 48900, a complaining witness shall be given five days’ notice before being called to testify, and shall be entitled to have up to two adult support persons, including, but not limited to, a parent, guardian, or legal counsel, present during his or her testimony. Before a complaining witness testifies, support persons shall be admonished that the hearing is confidential. This subdivision shall not preclude the person presiding over an expulsion hearing from removing a support person whom the presiding person finds is disrupting the hearing. If one or both of the support persons is also a witness, the provisions of Section 868.5 of the Penal Code shall be followed for the hearing. This section does not require a pupil or the pupil’s parent or guardian to be represented by legal counsel or by a nonattorney adviser at the hearing. (A) For purposes of this section, “legal counsel” means an attorney or lawyer who is admitted to the practice of law in California and is an active member of the State Bar of California. (B) For purposes of this section, “nonattorney adviser” means an individual who is not an attorney or lawyer, but who is familiar with the facts of the case, and has been selected by the pupil or pupil’s parent or guardian to provide assistance at the hearing. (c) (1) Notwithstanding Section 35145, the governing board of the school district shall conduct a hearing to consider the expulsion of a pupil in a session closed to the public, unless the pupil requests, in writing, at least five days before the date of the hearing, that the hearing be conducted at a public meeting. Regardless of whether the expulsion hearing is conducted in a closed or public session, the governing board of the school district may meet in closed session for the purpose of deliberating and determining whether the pupil should be expelled. (2) If the governing board of the school district or the hearing officer or administrative panel appointed under subdivision (d) to conduct the hearing admits any other person to a closed deliberation session, the parent or guardian of the pupil, the pupil, and the counsel of the pupil also shall be allowed to attend the closed deliberations. (3) If the hearing is to be conducted at a public meeting, and there is a charge of committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or to commit a sexual battery as defined in subdivision (n) of Section 48900, a complaining witness shall have the right to have his or her testimony heard in a session closed to the public when testifying at a public meeting would threaten serious psychological harm to the complaining witness and there are no alternative procedures to avoid the threatened harm, including, but not limited to, videotaped deposition or contemporaneous examination in another place communicated to the hearing room by means of closed-circuit television. (d) Instead of conducting an expulsion hearing itself, the governing board of the school district may contract with the county hearing officer, or with the Office of Administrative Hearings pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code and Section 35207 of this code, for a hearing officer to conduct the hearing. The governing board of the school district may also appoint an impartial administrative panel of three or more certificated persons, none of whom is a member of the governing board of the school district or employed on the staff of the school in which the pupil is enrolled. The hearing shall be conducted in accordance with all of the procedures established under this section. (e) Within three schooldays after the hearing, the hearing officer or administrative panel shall determine whether to recommend the expulsion of the pupil to the governing board of the school district. If the hearing officer or administrative panel decides not to recommend expulsion, the expulsion proceedings shall be terminated and the pupil immediately shall be reinstated and permitted to return to the classroom instructional program from which the expulsion referral was made, unless the parent, guardian, or responsible adult of the pupil requests another school placement in writing. Before the placement decision is made by the parent, guardian, or responsible adult, the superintendent of schools or the superintendent’s designee shall consult with school district personnel, including the pupil’s teachers, and the parent, guardian, or responsible adult regarding any other school placement options for the pupil in addition to the option to return to his or her classroom instructional program from which the expulsion referral was made. If the hearing officer or administrative panel finds that the pupil committed any of the acts specified in subdivision (c) of Section 48915, but does not recommend expulsion, the pupil shall be immediately reinstated and may be referred to his or her prior school or another comprehensive school, or, pursuant to the procedures set forth in Section 48432.5, a continuation school of the school district. The decision not to recommend expulsion shall be final. (f) (1) If the hearing officer or administrative panel recommends expulsion, findings of fact in support of the recommendation shall be prepared and submitted to the governing board of the school district. All findings of fact and recommendations shall be based solely on the evidence adduced at the hearing. If the governing board of the school district accepts the recommendation calling for expulsion, acceptance shall be based either upon a review of the findings of fact and recommendations submitted by the hearing officer or panel or upon the results of any supplementary hearing conducted pursuant to this section that the governing board of the school district may order. (2) The decision of the governing board of the school district to expel a pupil shall be based upon substantial evidence relevant to the charges adduced at the expulsion hearing or hearings. Except as provided in this section, no evidence to expel shall be based solely upon hearsay evidence. The governing board of the school district or the hearing officer or administrative panel may, upon a finding that good cause exists, determine that the disclosure of either the identity of a witness or the testimony of that witness at the hearing, or both, would subject the witness to an unreasonable risk of psychological or physical harm. Upon this determination, the testimony of the witness may be presented at the hearing in the form of sworn declarations that shall be examined only by the governing board of the school district or the hearing officer or administrative panel. Copies of these sworn declarations, edited to delete the name and identity of the witness, shall be made available to the pupil. (g) A record of the hearing shall be made. The record may be maintained by any means, including electronic recording, so long as a reasonably accurate and complete written transcription of the proceedings can be made. (h) (1) Technical rules of evidence shall not apply to the hearing, but relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. A decision of the governing board of the school district to expel shall be supported by substantial evidence showing that the pupil committed any of the acts enumerated in Section 48900. (2) In hearings that include an allegation of committing or attempting to commit a sexual assault as defined in subdivision (n) of Section 48900 or to commit a sexual battery as defined in subdivision (n) of Section 48900, evidence of specific instances, of a complaining witness’ prior sexual conduct is to be presumed inadmissible and shall not be heard absent a determination by the person conducting the hearing that extraordinary circumstances exist requiring the evidence be heard. Before the person conducting the hearing makes the determination on whether extraordinary circumstances exist requiring that specific instances of a complaining witness’ prior sexual conduct be heard, the complaining witness shall be provided notice and an opportunity to present opposition to the introduction of the evidence. In the hearing on the admissibility of the evidence, the complaining witness shall be entitled to be represented by a parent, guardian, legal counsel, or other support person. Reputation or opinion evidence regarding the sexual behavior of the complaining witness is not admissible for any purpose. (i) (1) Before the hearing has commenced, the governing board of the school district may issue subpoenas at the request of either the superintendent of schools or the superintendent’s designee or the pupil, for the personal appearance of percipient witnesses at the hearing. After the hearing has commenced, the governing board of the school district or the hearing officer or administrative panel may, upon request of either the county superintendent of schools or the superintendent’s designee or the pupil, issue subpoenas. All subpoenas shall be issued in accordance with Sections 1985, 1985.1, and 1985.2 of the Code of Civil Procedure. Enforcement of subpoenas shall be done in accordance with Section 11455.20 of the Government Code. (2) Any objection raised by the superintendent of schools or the superintendent’s designee or the pupil to the issuance of subpoenas may be considered by the governing board of the school district in closed session, or in open session, if so requested by the pupil before the meeting. Any decision by the governing board of the school district in response to an objection to the issuance of subpoenas shall be final and binding. (3) If the governing board of the school district, hearing officer, or administrative panel determines, in accordance with subdivision (f), that a percipient witness would be subject to an unreasonable risk of harm by testifying at the hearing, a subpoena shall not be issued to compel the personal attendance of that witness at the hearing. However, that witness may be compelled to testify by means of a sworn declaration as provided for in subdivision (f). (4) Service of process shall be extended to all parts of the state and shall be served in accordance with Section 1987 of the Code of Civil Procedure. All witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the state or any political subdivision of the state, shall receive fees, and all witnesses appearing pursuant to subpoena, except the parties, shall receive mileage in the same amount and under the same circumstances as prescribed for witnesses in civil actions in a superior court. Fees and mileage shall be paid by the party at whose request the witness is subpoenaed. (j) Whether an expulsion hearing is conducted by the governing board of the school district or before a hearing officer or administrative panel, final action to expel a pupil shall be taken only by the governing board of the school district in a public session. Written notice of any decision to expel or to suspend the enforcement of an expulsion order during a period of probation shall be sent by the superintendent of schools or his or her designee to the pupil or the pupil’s parent or guardian and shall be accompanied by all of the following: (1) Notice of the right to appeal the expulsion to the county board of education. (2) Notice of the education alternative placement to be provided to the pupil during the time of expulsion. (3) Notice of the obligation of the parent, guardian, or pupil under subdivision (b) of Section 48915.1, upon the pupil’s enrollment in a new school district, to inform that school district of the pupil’s expulsion. (k) (1) The governing board of the school district shall maintain a record of each expulsion, including the cause for the expulsion. Records of expulsions shall be nonprivileged, disclosable public records. (2) The expulsion order and the causes for the expulsion shall be recorded in the pupil’s mandatory interim record and shall be forwarded to any school in which the pupil subsequently enrolls upon receipt of a request from the admitting school for the pupil’s school records. (Amended by Stats. 2014, Ch. 837, Sec. 5. (SB 1111) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48918.1. Source version: id_441b87be-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) If the decision is expulsion and the pupil is a foster child, as defined in Section 48853.5, the governing board of the school district shall provide notice of the expulsion hearing to the pupil’s educational rights holder, attorney, and county social worker at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (b) (1) If the decision to recommend expulsion is a discretionary act and the pupil is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, the governing board of the school district shall provide notice of the expulsion hearing to the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (2) If a recommendation of expulsion is required and the pupil is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, the governing board of the school district may provide notice of the expulsion hearing to the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (c) If the decision is expulsion and the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the governing board of the school district shall provide notice of the expulsion hearing to the pupil’s tribal social worker and, if applicable, county social worker at least 10 calendar days before the date of the hearing. The notice may be made using the most cost-effective method possible, which may include, but is not limited to, email or a telephone call. (Amended by Stats. 2022, Ch. 400, Sec. 8. (AB 740) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48918.5. Source version: id_d705f60d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. In expulsion hearings involving allegations brought pursuant to subdivision (n) of Section 48900, the governing board of each school district shall establish rules and regulations governing procedures. The procedures shall include, but are not limited to, all of the following: (a) At the time that the expulsion hearing is recommended, the complaining witness shall be provided with a copy of the applicable disciplinary rules and advised of his or her right to: (1) receive five days’ notice of the complaining witness’s scheduled testimony at the hearing, (2) have up to two adult support persons of his or her choosing, present in the hearing at the time he or she testifies; and (3) to have the hearing closed during the time they testify pursuant to subdivision (c) of Section 48918. (b) An expulsion hearing may be postponed for one schoolday in order to accommodate the special physical, mental, or emotional needs of a pupil who is the complaining witness where the allegations arise under subdivision (n) of Section 48900. (c) The district shall provide a nonthreatening environment for a complaining witness in order to better enable them to speak freely and accurately of the experiences that are the subject of the expulsion hearing, and to prevent discouragement of complaints. Each school district shall provide a room separate from the hearing room for the use of the complaining witness prior to and during breaks in testimony. In the discretion of the person conducting the hearing, the complaining witness shall be allowed reasonable periods of relief from examination and cross-examination during which he or she may leave the hearing room. The person conducting the hearing may arrange the seating within the hearing room of those present in order to facilitate a less intimidating environment for the complaining witness. The person conducting the hearing may limit the time for taking the testimony of a complaining witness to the hours he or she is normally in school, if there is no good cause to take the testimony during other hours. The person conducting the hearing may permit one of the complaining witness’s support persons to accompany him or her to the witness stand. (d) Whenever any allegation is made of conduct violative of subdivision (n) of Section 48900, complaining witnesses and accused pupils are to be advised immediately to refrain from personal or telephonic contact with each other during the pendency of any expulsion process. (Added by Stats. 1996, Ch. 915, Sec. 6. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48918.6. Source version: id_d705f60f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. In addition to any other immunity that may exist, any testimony provided by a pupil witness in an expulsion hearing conducted pursuant to this article is expressly deemed to be a communication protected by subdivision (b) of Section 47 of the Civil Code. (Added by Stats. 2002, Ch. 136, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48919. Source version: id_d705f611-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. If a pupil is expelled from school, the pupil or the pupil’s parent or guardian may, within 30 days following the decision of the governing board to expel, file an appeal to the county board of education which shall hold a hearing thereon and render its decision. The county board of education, or in a class 1 or class 2 county a hearing officer or impartial administrative panel, shall hold the hearing within 20 schooldays following the filing of a formal request under this section. If the county board of education hears the appeal without a hearing conducted pursuant to Section 48919.5, then the board shall render a decision within three schooldays of the hearing conducted pursuant to Section 48920, unless the pupil requests a postponement. The period within which an appeal is to be filed shall be determined from the date a governing board votes to expel even if enforcement of the expulsion action is suspended and the pupil is placed on probation pursuant to Section 48917. A pupil who fails to appeal the original action of the board within the prescribed time may not subsequently appeal a decision of the board to revoke probation and impose the original order of expulsion. The county board of education shall adopt rules and regulations establishing procedures for expulsion appeals conducted under this section. If the county board of education in a class 1 or class 2 county elects to use the procedures in Section 48919.5, then the board shall adopt rules and regulations establishing procedures for expulsion appeals conducted under Section 48919.5. The adopted rules and regulations shall include, but need not be limited to, the requirements for filing a notice of appeal, the setting of a hearing date, the furnishing of notice to the pupil and the governing board regarding the appeal, the furnishing of a copy of the expulsion hearing record to the county board of education, procedures for the conduct of the hearing, and the preservation of the record of the appeal. The pupil shall submit a written request for a copy of the written transcripts and supporting documents from the school district simultaneously with the filing of the notice of appeal with the county board of education. The school district shall provide the pupil with the transcriptions, supporting documents, and records within 10 schooldays following the pupil’s written request. Upon receipt of the records, the pupil shall immediately file suitable copies of these records with the county board of education. (Amended by Stats. 2000, Ch. 147, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48919.5. Source version: id_d705f613-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) A county board of education in a class 1 or class 2 county may have a hearing officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Title 3 of the Government Code, or an impartial administrative panel of three or more certificated persons appointed by the county board of education, hear appeals filed pursuant to Section 48919. The members of the impartial administrative panel shall not be members of the governing board of the school district nor employees of the school district, from which the pupil filing the appeal was expelled. Neither the hearing officer, nor any member of the administrative panel, hearing a pupil’s appeal shall have been the hearing officer or a member of the administrative panel that conducted the pupil’s expulsion hearing. (b) A hearing conducted pursuant to this section shall not issue a final order of the county board. The hearing officer or impartial administrative panel shall prepare a recommended decision, including any findings or conclusions required for that decision, and shall submit that recommendation and the record to the county board of education within three schooldays of hearing the appeal. (c) Sections 48919, 48920, 48921, 48922, 48923, and 48925 are applicable to a hearing conducted pursuant to this section. (d) Within 10 schooldays of receiving the recommended decision and record from the hearing officer or the impartial administrative panel, the county board of education shall review the recommended decision and record and render a final order of the board. (e) For purposes of this article, the following definitions shall apply: (1) “Countywide ADA” means the aggregate number of annual units of regular average daily attendance for the fiscal year in all school districts within the county. (2) “Class 1 county” means a county with 1994/95 countywide ADA of more than 500,000. (3) “Class 2 county” means a county with 1994/95 countywide ADA of at least 180,000 but less than 500,000. (Added by Stats. 1997, Ch. 417, Sec. 3. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48920. Source version: id_d705f615-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. Notwithstanding the provisions of Section 54950 of the Government Code and Section 35145 of this code, the county board of education shall hear an appeal of an expulsion order in closed session, unless the pupil requests, in writing, at least five days prior to the date of the hearing, that the hearing be conducted in a public meeting. Upon the timely submission of a request for a public meeting, the county board of education shall be required to honor the request. Whether the hearing is conducted in closed or public session, the county board may meet in closed session for the purpose of deliberations. If the county board admits any representative of the pupil or the school district, the board shall, at the same time, admit representatives from the opposing party. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48921. Source version: id_d7077cb7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. The county board of education shall determine the appeal from a pupil expulsion upon the record of the hearing before the district governing board, together with such applicable documentation or regulations as may be ordered. No evidence other than that contained in the record of the proceedings of the school board may be heard unless a de novo proceeding is granted as provided in Section 48923. It shall be the responsibility of the pupil to submit a written transcription for review by the county board. The cost of the transcript shall be borne by the pupil except in either of the following situations: (1) Where the pupil’s parent or guardian certifies to the school district that he or she cannot reasonably afford the cost of the transcript because of limited income or exceptional necessary expenses, or both. (2) In a case in which the county board reverses the decision of the local governing board, the county board shall require that the local board reimburse the pupil for the cost of such transcription. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48922. Source version: id_d7077cb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) The review by the county board of education of the decision of the governing board shall be limited to the following questions: (1) Whether the governing board acted without or in excess of its jurisdiction. (2) Whether there was a fair hearing before the governing board. (3) Whether there was a prejudicial abuse of discretion in the hearing. (4) Whether there is relevant and material evidence which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board. (b) As used in this section, a proceeding without or in excess of jurisdiction includes, but is not limited to, a situation where an expulsion hearing is not commenced within the time periods prescribed by this article, a situation where an expulsion order is not based upon the acts enumerated in Section 48900, or a situation involving acts not related to school activity or attendance. (c) For purposes of this section, an abuse of discretion is established in any of the following situations: (1) If school officials have not met the procedural requirements of this article. (2) If the decision to expel a pupil is not supported by the findings prescribed by Section 48915. (3) If the findings are not supported by the evidence. A county board of education may not reverse the decision of a governing board to expel a pupil based upon a finding of an abuse of discretion unless the county board of education also determines that the abuse of discretion was prejudicial. (Repealed and added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48923. Source version: id_d7077cbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. The decision of the county board shall be limited as follows: (a) If the county board finds that relevant and material evidence exists which, in the exercise of reasonable diligence, could not have been produced or which was improperly excluded at the hearing before the governing board, it may do either of the following: (1) Remand the matter to the governing board for reconsideration and may in addition order the pupil reinstated pending the reconsideration. (2) Grant a hearing de novo upon reasonable notice thereof to the pupil and to the governing board. The hearing shall be conducted in conformance with the rules and regulations adopted by the county board under Section 48919. (b) If the county board determines that the decision of the governing board is not supported by the findings required to be made by Section 48915, but evidence supporting the required findings exists in the record of the proceedings, the county board shall remand the matter to the governing board for adoption of the required findings. This remand for the adoption and inclusion of the required findings shall not result in an additional hearing pursuant to Section 48918, except that final action to expel the pupil based on the revised findings of fact shall meet all requirements of subdivisions (j) and (k) of Section 48918. (c) In all other cases, the county board shall enter an order either affirming or reversing the decision of the governing board. In any case in which the county board enters a decision reversing the local board, the county board may direct the local board to expunge the record of the pupil and the records of the district of any references to the expulsion action and the expulsion shall be deemed not to have occurred. (Amended by Stats. 2000, Ch. 147, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48924. Source version: id_d7077cbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. The decision of the county board of education shall be final and binding upon the pupil and upon the governing board of the school district. The pupil and the governing board shall be notified of the final order of the county board, in writing, either by personal service or by certified mail. The order shall become final when rendered. (Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48925. Source version: id_d7077cbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. As used in this article: (a) “Day” means a calendar day unless otherwise specifically provided. (b) “Expulsion” means removal of a pupil from (1) the immediate supervision and control, or (2) the general supervision, of school personnel, as those terms are used in Section 46300. (c) “Schoolday” means a day upon which the schools of the district are in session or weekdays during the summer recess. (d) “Suspension” means removal of a pupil from ongoing instruction for adjustment purposes. However, “suspension” does not mean any of the following: (1) Reassignment to another education program or class at the same school where the pupil will receive continuing instruction for the length of day prescribed by the governing board for pupils of the same grade level. (2) Referral to a certificated employee designated by the principal to advise pupils. (3) Removal from the class, but without reassignment to another class or program, for the remainder of the class period without sending the pupil to the principal or the principal’s designee as provided in Section 48910. Removal from a particular class shall not occur more than once every five schooldays. (e) “Pupil” includes a pupil’s parent or guardian or legal counsel. (Added by Stats. 1983, Ch. 498, Sec. 91. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48926. Source version: id_7163631c-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) (1) Each county superintendent of schools in counties that operate community schools pursuant to Section 1980, in conjunction with superintendents of the school districts within the county, shall develop a plan for providing education services, including any services that may be required pursuant to a pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), to all expelled pupils in that county. The plan shall be adopted by the governing board of each school district within the county and by the county board of education. (2) The plan shall accomplish all of the following: (A) Enumerate existing educational alternatives for expelled pupils. (B) Identify gaps in educational services to expelled pupils and recommend strategies for filling those service gaps. (C) Identify multiple educational programs and services. (D) Outline a timely readmission process after the expulsion term is complete. (E) Describe the steps to be taken by the school district, in collaboration with the county office of education, to support the successful transition of a pupil upon readmission. (F) Identify alternative placements for pupils who are expelled and placed in district community day school programs, but who fail to substantially meet the terms and conditions of their rehabilitation plan. (b) Each county superintendent of schools, in conjunction with the superintendents of the school districts, shall submit to the Superintendent the county plan for providing educational services to all expelled pupils in the county no later than June 30, 1997, and shall submit a triennial update to the plan to the Superintendent that reflects the outcome data pursuant to Section 48916.1, on June 30 thereafter. (Amended by Stats. 2025, Ch. 294, Sec. 3. (AB 1230) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1. Suspension or Expulsion [48900 - 48927] SECTION 48927. Source version: id_d7090363-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1. (a) This chapter shall also apply to pupils attending the California School for the Blind and the two California Schools for the Deaf, which shall be referred to as the “state special schools.” (b) Because the state special schools have a governance structure different from that of school districts, for the purposes of this section the following definitions shall apply: (1) “Superintendent” means the appropriate principal of the state special school in which the pupil is enrolled, or the principal’s designee, for purposes of Sections 48900, 48900.2, 48900.3, 48900.4, 48900.5, 48900.7, and 48911, and subdivisions (a) and (j) of Section 48918. (2) “Governing board of each school district,” “governing board of any school district,” or “each governing board of a school district” means the Superintendent of Public Instruction or his or her designee for purposes of subdivision (a) of Section 48900.1, subdivision (b) of Section 48901, subdivision (b) of Section 48901.5, Section 48907, Section 48910, the first paragraph of Section 48918, and the first paragraph of Section 48918.5. (3) “Governing board” means the Superintendent of the State Special School in which the pupil is enrolled for purposes of Section 48912, subdivision (d) of Section 48915, Section 48915.5, Section 48916, Section 48917, subdivisions (a), (c), (d), (f), (h), (i), (j), and (k) of Section 48918, and Sections 48921, 48922, 48923, and 48924. (4) “Governing board” means the governing board of the district of residence of the expelled pupil for purposes of subdivision (f) of Section 48915 and Section 48916.1. In the case of an adult pupil expelled from a state special school, “governing board” means the governing board of the school district that referred the pupil to the state special school for purposes of the code section cited in this paragraph. (5) “Superintendent of schools or the governing board” means the appropriate principal of the state special school in which the pupil is enrolled, or the principal’s designee, for the purposes of Section 48900.6. (6) “School district” or “district” means the state special school in which the pupil is enrolled for purposes of Section 48900.8, subdivision (b) of Section 48903, Section 48905, Section 48909, Section 48914, paragraph (1) of subdivision (e) of Section 48916.1, subdivision (c) of Section 48918.5, Section 48919, Section 48920, and Section 48921. (7) “County board of education” or “county board” means the Superintendent of Public Instruction or his or her designee for purposes of Sections 48920, 48921, 48922, 48923, and 48924. (8) “Local educational agency” includes a state special school for purposes of Section 48902 and Section 48915.5. (9) “A change in placement” for purposes of paragraph (2) of subdivision (a) of Section 48915.5 means a referral by the state special school to the pupil’s school district of residence for placement in an appropriate interim alternative educational setting. (10) “Individualized education program team” means the individualized education program team of the pupil’s school district of residence with appropriate representation from the state special school in which the pupil is enrolled for purposes of subdivision (a) of Section 48915.5.2. (11) “Individualized education program team” means the individualized education program team of the state special school in which the pupil is enrolled with appropriate representation from the pupil’s school district of residence for purposes of subdivisions (b), (c), and (d) of Section 48915.5.3. (c) Subdivision (b) of this section shall be deemed to provide the same due process procedural protections to pupils in the state special schools as afforded to pupils in the public school districts of the state. (Amended by Stats. 2003, Ch. 62, Sec. 56.5. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 1.5. Transfer of Pupil Convicted of Violent Felony or Misdemeanor [48929- 48929.] SECTION 48929. Source version: id_fb9df91a-ca2a-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=1.5. Notwithstanding any other law, the governing board of a school district may transfer to another school in that school district a pupil enrolled in that school district who has been convicted of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, or convicted of a misdemeanor listed in Section 29805 of the Penal Code if the pupil to be transferred and the victim of the crime for which the pupil was convicted are enrolled at the same school, subject to satisfaction of both of the following conditions: (a) The governing board of the school district has adopted a policy at a regularly scheduled meeting that contains all of the following provisions: (1) A requirement that the pupil and pupil’s parent or guardian be notified of the right to request a meeting with the school principal or designee of the school or school district. (2) A requirement that the school first attempt to resolve the conflict before transferring a pupil, including, but not limited to, using restorative justice, counseling, or other services. (3) Whether the decision to transfer a pupil is subject to periodic review and the procedure for conducting the review. (4) The process to be used by the governing board of the school district to consider and approve or disapprove of the recommendation of the school principal or other school or school district designee to transfer the pupil. (b) The governing board of the school district has provided notice of the policy to parents or guardians as part of the annual notification required pursuant to Section 48980. (Added by Stats. 2016, Ch. 154, Sec. 1. (SB 1343) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 2. Student Organizations [48930 - 48938] SECTION 48930. Source version: id_d70a8a07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=2. Any group of students may organize a student body association within the public schools with the approval and subject to the control and regulation of the governing board of the school district. Any such organization shall have as its purpose the conduct of activities on behalf of the students approved by the school authorities and not in conflict with the authority and responsibility of the public school officials. Any student body organization may be granted the use of school premises and properties without charge subject to such regulations as may be established by the governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 2. Student Organizations [48930 - 48938] SECTION 48931. Source version: id_d70a8a09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=2. The governing board of any school district or any county office of education may authorize any pupil or adult entity or organization to sell food on school premises, subject to policy and regulations of the State Board of Education. The State Board of Education shall develop policy and regulations for the sale of food by any pupil or adult entity or organization, or any combination thereof, which shall ensure optimum participation in the school district’s or the county office of education’s nonprofit food service programs and shall be in consideration of all programs approved by the governing board of any school district or any county office of education. The policy and regulations shall be effective the first of the month following adoption by the State Board of Education. Nothing in this section shall be construed as exempting from the California Uniform Retail Food Facilities Law (Chapter 4 (commencing with Section 113700) of Part 7 of Division 104 of the Health and Safety Code), food sales that are authorized pursuant to this section and that would otherwise be subject to the California Uniform Retail Food Facilities Law. (Amended by Stats. 1996, Ch. 1023, Sec. 40. Effective September 29, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 2. Student Organizations [48930 - 48938] SECTION 48932. Source version: id_d70c10ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=2. The governing board of any school district may authorize any organization composed entirely of pupils attending the schools of the district to maintain such activities, including fund-raising activities, as may be approved by the governing board. The governing board of any school district may, by resolution, authorize any student body organization to conduct fund-raising activities on school property during school hours provided that the governing board has determined that such activities will not interfere with the normal conduct of the schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 2. Student Organizations [48930 - 48938] SECTION 48933. Source version: id_d70c10ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=2. (a) The funds of any student body organization established in the public schools of any school district shall, subject to approval of the governing board of the school district, be deposited or invested in one or more of the following ways: (1) Deposits in a bank or banks, or other institution, whose accounts are federally insured. (2) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, provided those associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation. (3) Purchase of repurchase agreements issued by savings and loan associations or banks. (4) Purchase of bonds, notes, bills, certificates, debentures, or any other obligations issued by the United States of America. (5) Shares or certificates for funds received or any form of evidence of interest or indebtedness issued by any credit union in this state, organized under the provisions of Division 5 (commencing with Section 14000) of the Financial Code or the statutes of the United States relating to credit unions insured by the administrator of the National Credit Union Administration or a comparable agency as provided by a state government. (b) The funds shall be expended subject to such procedure as may be established by the student body organization subject to the approval of each of the following three persons, which shall be obtained each time before any of the funds may be expended: an employee or official of the school district designated by the governing board, the certificated employee who is the designated adviser of the particular student body organization, and a representative of the particular student body organization. (Amended by Stats. 1992, Ch. 115, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 2. Student Organizations [48930 - 48938] SECTION 48934. Source version: id_d70c10af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=2. The funds of a student body organization established in the public schools for kindergarten and grades 1 to 6, inclusive, of any school district maintaining kindergarten and grades 1 to 6, inclusive, may be used to finance activities for noninstructional periods or to augment or to enrich the programs provided by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 2. Student Organizations [48930 - 48938] SECTION 48936. Source version: id_d70c10b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=2. In addition to deposit or investment pursuant to Section 48933, the funds of a student body organization may be loaned or invested in any of the following ways: (a) Loans, with or without interest, to any student body organization established in another school of the district for a period not to exceed three years. (b) Invest money in permanent improvements to any school district property including, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadia and playing fields, where such facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when such improvements are for the benefit of the student body. Such investment shall be made on condition that the principal amount of the investment plus a reasonable amount of interest thereon shall be returned to the student body organization as provided herein. Any school district approving such an investment shall establish a special fund in which moneys derived from the rental of school district property to student body organizations shall be deposited. Moneys shall be returned to the student body organization as contemplated by this section exclusively from such special fund and only to the extent that there are moneys in such special fund. Whenever there are no outstanding obligations against the special fund, all moneys therein may be transferred to the general fund of the school district by action of the local governing board. Two or more student body organizations of the same school district may join together in making such investments in the same manner as is authorized herein for a single student body. Nothing herein shall be construed so as to limit the discretion of the local governing board in charging rental for use of school district property by student body organizations as provided in Section 48930. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 2. Student Organizations [48930 - 48938] SECTION 48937. Source version: id_d70c10b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=2. The governing board of any school district shall provide for the supervision of all funds raised by any student body or student organization using the name of the school. The cost of supervision may constitute a proper charge against the funds of the district. The governing board of a school district may also provide for a continuing audit of student body funds with school district personnel. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 2. Student Organizations [48930 - 48938] SECTION 48938. Source version: id_d70d9755-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=2. In schools or classes for adults, regional occupational centers or programs, or in elementary, continuation, or special education schools in which the student body is not organized, the governing board may appoint an employee or official to act as trustee for student body funds and to receive these funds in accordance with procedures established by the board. These funds shall be deposited in a bank, a savings and loan association, a credit union, or any combination of these financial institutions, approved by the board and shall be expended subject to the approval of the appointed employee or official and also subject to the procedure that may be established by the board. (Amended by Stats. 2001, Ch. 430, Sec. 5. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 3. Speech and Other Communication [48950- 48950.] SECTION 48950. Source version: id_eb88fdfe-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=3. (a) A school district operating one or more high schools, a charter school, or a private secondary school shall not make or enforce a rule subjecting a high school pupil to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside of the campus, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution. (b) A pupil who is enrolled in a school at the time that the school has made or enforced a rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section. (c) This section does not apply to a private secondary school that is controlled by a religious organization, to the extent that the application of this section would not be consistent with the religious tenets of the organization. (d) This section does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected. (e) This section does not supersede, or otherwise limit or modify, the provisions of Section 48907. (f) The Legislature finds and declares that free speech rights are subject to reasonable time, place, and manner regulations. (g) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a pupil engaged in conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution. (Amended by Stats. 2010, Ch. 142, Sec. 3. (SB 438) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48980. Source version: id_75cb9f3e-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. (a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 46015, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19 of Division 1 of Title 1. (b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9. (c) The notification also shall advise the parents and guardians of all pupils attending a school within the school district of the schedule of minimum days and pupil-free staff development days, and if minimum or pupil-free staff development days are scheduled thereafter, the governing board of the school district shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day. (d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options, including, but not limited to, United States savings bonds. (e) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 of Division 1 of Title 1 shall inform parents or guardians of the program as specified in Section 32390. (f) The notification also shall include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils. (g) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. This notification component shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. This notification component also shall include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the school district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification component also shall include an explanation of the existing statutory attendance options, including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and subdivision (b) of Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts. (h) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within its school district and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of the pupils of California. (i) The notification shall advise the parent or guardian that a pupil shall not have a grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205. (j) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52242. (k) The notification to the parent or guardian of a minor pupil enrolled in any of grades 9 to 12, inclusive, also shall include the information required pursuant to Section 51229. (l) If a school district elects to allow a career technical education course to satisfy the requirement imposed by subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, the school district shall include, in the notification required pursuant to this section, both of the following: (1) Information about the high school graduation requirements of the school district and how each requirement satisfies or does not satisfy the subject matter requirements for admission to the California State University and the University of California. (2) A complete list of career technical education courses offered by the school district that satisfy the subject matter requirements for admission to the California State University and the University of California, and which of the specific college admission requirements these courses satisfy. (m) A school district that elects to adopt a policy regarding the transfer of pupils pursuant to Article 1.5 (commencing with Section 48929) shall inform parents or guardians of the policy in the notification required pursuant to this section. (n) The notification to the parents or guardians of pupils admitted to, or advancing to, grades 11 and 12 shall include the information required pursuant to Section 48980.5. (o) The notification also shall advise the parent or guardian of the protections, requirements, and responsibilities prescribed in Assembly Bill 715 of the 2025–26 Regular Session. (Amended by Stats. 2025, Ch. 428, Sec. 6. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48980.3. Source version: id_d70f1dff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. The notification required pursuant to Section 48980 shall include information regarding pesticide products as specified in subdivision (a) of Section 17612. (Added by Stats. 2000, Ch. 718, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48980.4. Source version: id_907350b9-94d0-11f0-b924-ab4989f102ab Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. (a) (1) Until June 30, 2026, the notification required pursuant to Section 48980 for pupils admitted to, or advancing to, grade 6 shall include a notification to the pupil’s parent or guardian containing a statement about the state’s public policy described in subdivision (a) of Section 120336 of the Health and Safety Code, advising that the pupil adhere to current immunization guidelines, as recommended by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention as of January 1, 2025, the American Academy of Pediatrics, and the American Academy of Family Physicians, regarding full human papillomavirus (HPV) immunization before admission or advancement to the grade 8. (2) Beginning July 1, 2026, the notification required pursuant to Section 48980 for pupils admitted to, or advancing to, grade 6 shall include a notification to the pupil’s parent or guardian containing a statement about the state’s public policy described in subdivision (a) of Section 120336 of the Health and Safety Code, advising that the pupil adhere to current immunization guidelines, as recommended by the State Department of Public Health, in accordance with Section 120164 of the Health and Safety Code, regarding full human papillomavirus (HPV) immunization before admission or advancement to the grade 8. (b) The notification sent pursuant to subdivision (a) shall conform to the notification requirements outlined in this article. (c) The notification sent pursuant to subdivision (a) shall also include the statement specified in subdivision (c) of Section 120336 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 105, Sec. 10. (AB 144) Effective September 17, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48980.5. Source version: id_03d2402e-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. (a) The notification required pursuant to Section 48980 for the parents or guardians of pupils admitted to, or advancing to, grades 11 and 12 shall include information on local apprenticeship programs and preapprenticeship programs as follows: (1) A school district shall use the database of registered program sponsors provided on the internet website of the Department of Industrial Relations’ Division of Apprenticeship Standards. (2) A school district may use contact information contained in the Division of Apprenticeship Standard’s database to obtain information or materials, including, but not limited to, pamphlets or brochures. (b) If a school district maintains an internet website, the school district shall make the Division of Apprenticeship Standards’ database accessible through a direct link on its internet website. (c) The notification sent pursuant to subdivision (a) shall conform to the notification requirements outlined in this article. (Added by Stats. 2024, Ch. 62, Sec. 2. (AB 2179) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48980.6. Source version: id_0961be40-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. (a) (1) At the beginning of the first semester or quarter of the regular school term, a local educational agency shall notify the parents or guardians of pupils admitted to, or advancing to, grades 7 to 12, inclusive, of any dual enrollment or International Baccalaureate courses offered by the local educational agency. (2) School districts shall provide the notice as part of the annual notification required pursuant to Section 48980. (b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 143, Sec. 1. (AB 1796) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48981. Source version: id_f801fd50-47ec-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. The notice shall be provided at the time of registration for the first semester or quarter of the regular school term. The notice may be provided using any of the following methods: (a) By regular mail. (b) If a parent or guardian requests to receive the notice in electronic format, by providing access to the notice electronically. Notice provided in electronic format shall conform to the requirements of Section 48985. (c) By any other method normally used to communicate with the parents or guardians in writing. (Amended by Stats. 2012, Ch. 17, Sec. 1. (AB 2262) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48982. Source version: id_0269de72-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. (a) The notice shall be signed by the parent or guardian and returned to the school. Signature of the notice is an acknowledgment by the parent or guardian that he or she has been informed of his or her rights but does not indicate that consent to participate in any particular program has either been given or withheld. (b) If the notice is provided in electronic format pursuant to subdivision (b) of Section 48981, the parent or guardian shall submit to the school a signed acknowledgment of receipt of the notice. (Amended by Stats. 2012, Ch. 17, Sec. 2. (AB 2262) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48983. Source version: id_d70f1e05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. If any activity covered by the sections set forth in Section 48980 will be undertaken by the school during the forthcoming school term, the notice shall state that fact and shall also state the approximate date upon which any of such activities will occur. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48984. Source version: id_d70f1e07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. No school district shall undertake any activity covered by the sections set forth in Section 48980 with respect to any particular pupil unless the parent or guardian has been informed of such action pursuant to this article or has received separate special notification. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48985. Source version: id_afa2c11e-a418-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. (a) If 15 percent or more of the pupils enrolled in a public school that provides instruction in kindergarten or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, all notices, reports, statements, or records sent to the parent or guardian of any such pupil by the public school or school district shall, in addition to being written in English, be written in the primary language, and may be responded to either in English or the primary language. (b) Pursuant to subdivision (e) of Section 64001, the department shall monitor adherence to the requirements of subdivision (a) as part of its regular monitoring and review of public schools and school districts and shall determine the types of documents and languages a public school or school district translates to a primary language other than English, the availability of these documents to parents or guardians who speak a primary language other than English, and the gaps in translations of these documents. (c) Based on census data submitted to the department pursuant to Section 52164 in the preceding fiscal year, the department shall notify a school district, by August 1 of each year, of the schools within the school district, and the primary language other than English, for which the translation of documents is required pursuant to subdivision (a). The department shall make that notification using electronic methods. (d) The department shall use existing resources to comply with subdivisions (b) and (c). (Amended by Stats. 2019, Ch. 51, Sec. 35. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48985.5. Source version: id_47cf01d8-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. (a) A local educational agency shall inform the parents or guardians of each enrolled pupil about all of the following: (1) The dangers associated with using synthetic drugs that are not prescribed by a physician, such as fentanyl. (2) The possibility that dangerous synthetic drugs can be found in counterfeit pills. (3) The risk of social media platforms being used as a way to market and sell synthetic drugs, such as fentanyl. (b) (1) The information shall be annually provided to parents or guardians at the beginning of the first semester or quarter of the regular school term. (2) The information may be provided to parents or guardians pursuant to Section 48980. (c) If a local educational agency maintains an internet website, the local educational agency shall post the information on their internet website and shall ensure that each individual school within the local educational agency that maintains an individual internet website also posts the information on that school’s internet website. (d) As used in this section, a “local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2024, Ch. 241, Sec. 1. (AB 2690) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4. Notification of Parent or Guardian [48980 - 48986] SECTION 48986. Source version: id_9f8bb1f2-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4. (a) (1) A local educational agency shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of California’s child access prevention laws and laws relating to the safe storage of firearms, including, but not limited to, Division 4 (commencing with Section 25000) of Title 4 of Part 6 of the Penal Code. (2) The notice shall be provided annually at the beginning of the first semester or quarter of the regular school term. (3) The notice shall be informed by the most updated model language developed pursuant to subdivision (c). (b) (1) The notice described in subdivision (a) shall be made using any of the methods described in Section 48981 that apply and may be provided as a single notice for multiple pupils living in the same household. (2) A school district shall provide the notice as part of the annual notification required pursuant to Section 48980. (c) (1) On or before July 1, 2023, the department shall develop, in consultation with the Department of Justice, model language for the notice described in subdivision (a). (2) On or before July 1, 2024, and each July 1 thereafter, the department shall update as necessary for any change in the law, in consultation with the Department of Justice, the model language developed pursuant to paragraph (1). (3) The department shall share the model language developed and updated pursuant to paragraphs (1) and (2) in both of the following manners: (A) With all local educational agencies for the purposes described in subdivision (a). (B) Upon request, with any private school for distribution or potential distribution by the private school. (d) A local educational agency, a private school, and the department are immune from civil liability for any damages allegedly caused by, arising out of, or relating to the notice if the entity provided the notice using the model language provided to it by the department. (e) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “Private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction in the state. (3) “Private school instruction” means instruction at the elementary or high school level for one or more pupils who are 6 to 18 years of age, inclusive. Private school instruction includes, but is not limited to, instruction by conventional or traditional private schools, private school satellite programs, private online or virtual schools, and certified nonpublic nonsectarian schools. (f) (1) If a local educational agency provides a notice required by Section 49392, the local educational agency shall be deemed to have complied with the requirements of subdivisions (a) and (b), as applicable. (2) If the department develops model language pursuant to Section 49391, the department shall be deemed to have complied with the requirements of subdivision (c). (3) This subdivision shall only become operative if Senate Bill 906 of the 2021–22 Regular Session is enacted and becomes effective on or before January 1, 2023, and adds Sections 49391 and 49392 to the Education Code. (Added by Stats. 2022, Ch. 199, Sec. 2. (AB 452) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 4.5. Guidelines for Filing Complaint of Child Abuse [48987- 48987.] SECTION 48987. Source version: id_d710a4ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=4.5. The governing board of a school district or county office of education shall upon request disseminate the guidelines adopted by the State Department of Education pursuant to Section 33308.1 to parents or guardians of minor pupils in the primary language of the parent or guardian. The governing board of a school district or county office of education is encouraged to inform a parent or guardian, that desires to file a complaint against a school employee or other person that commits an act of child abuse as defined in Section 11165.6 of the Penal Code against a pupil at a schoolsite, of the procedures for filing the complaint with local child protective agencies pursuant to the Child Abuse and Neglect Reporting Act, established pursuant to Chapter 1444 of the Statutes of 1987. In the case of oral communications with the parent or guardian whose primary language is other than English, concerning that guideline or the procedures for filing child abuse complaints, the governing board shall provide an interpreter for that parent or guardian. (Added by Stats. 1994, Ch. 1172, Sec. 13. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5. Prohibition of Corporal Punishment [49000 - 49001] SECTION 49000. Source version: id_d710a4b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5. The Legislature finds and declares that the protection against corporal punishment, which extends to other citizens in other walks of life, should include children while they are under the control of the public schools. Children of school age are at the most vulnerable and impressionable period of their lives and it is wholly reasonable that the safeguards to the integrity and sanctity of their bodies should be, at this tender age, at least equal to that afforded to other citizens. (Repealed and added by Stats. 1986, Ch. 1069, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5. Prohibition of Corporal Punishment [49000 - 49001] SECTION 49001. Source version: id_7a4c9380-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5. (a) For the purposes of this section, “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. (b) No person employed by or engaged in a public school shall inflict, or cause to be inflicted corporal punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing the infliction of corporal punishment upon a pupil attending a public school is void and unenforceable. (c) For purposes of this section, “public school” includes a school operated by a school district or a county office of education, a charter school, a nonpublic, nonsectarian school, and a state special school for the blind or the deaf. (Amended by Stats. 2025, Ch. 579, Sec. 2. (SB 373) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49005. Source version: id_bb2a2315-0c96-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. The Legislature finds and declares all of the following: (a) While it is appropriate to intervene in an emergency to prevent a pupil from imminent risk of serious physical self-harm or harm of others, restraint and seclusion are dangerous interventions, with certain known practices posing a great risk to child health and safety. (b) United States Department of Education guidelines specify that the use of restraint and seclusion must be consistent with the child’s right to be treated with dignity and to be free from abuse. (c) Restraint and seclusion should only be used as a safety measure of last resort, and should never be used as punishment or discipline or for staff convenience. (d) Restraint and seclusion may cause serious injury or long lasting trauma and death, even when done safely and correctly. (e) There is no evidence that restraint or seclusion is effective in reducing the problem behaviors that frequently precipitate the use of those techniques. (f) Pupils with disabilities and pupils of color, especially African American boys, are disproportionately subject to restraint and seclusion. (g) Well-established California law already regulates restraint techniques in a number of settings, including general acute care hospitals, acute psychiatric hospitals, psychiatric health facilities, crisis stabilization units, community treatment facilities, group homes, skilled nursing facilities, intermediate care facilities, community care facilities, and mental health rehabilitation centers. These minimal protections should be provided to all pupils in schools. (h) It is the intent of the Legislature to ensure that schools foster learning in a safe and healthy environment and provide adequate safeguards to prevent harm, and even death, to children in school. (i) This article is intended to be read to be consistent with, and does not change any requirements, limitations, or protections in, existing law pertaining to pupils with exceptional needs. (j) It is the intent of the Legislature to prohibit dangerous practices. Restraint and seclusion, as described in this article, do not further a child’s education. At the same time, the Legislature recognizes that if an emergency situation arises, the ability of education personnel to act in that emergency to safeguard a pupil or others from imminent physical harm should not be restricted. (Amended by Stats. 2019, Ch. 497, Sec. 62. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49005.1. Source version: id_4c58337a-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. The following definitions apply to this article: (a) “Behavioral restraint” means “mechanical restraint” or “physical restraint,” as defined in this section, used as an intervention when a pupil presents an immediate danger to self or to others. “Behavioral restraint” does not include postural restraints or devices used to improve a pupil’s mobility and independent functioning rather than to restrict movement. (b) “Educational provider” means a person who provides educational or related services, support, or other assistance to a pupil enrolled in an educational program provided by a local educational agency or a nonpublic school or agency. (c) “Local educational agency” means a school district, county office of education, charter school, the California Schools for the Deaf, and the California School for the Blind. (d) (1) “Mechanical restraint” means the use of a device or equipment to restrict a pupil’s freedom of movement. (2) (A) “Mechanical restraint” does not include the use of devices by peace officers or security personnel for detention or for public safety purposes. (B) “Mechanical restraint” does not include the use of devices by trained school personnel, or by a pupil, prescribed by an appropriate medical or related services professional, if the device is used for the specific and approved purpose for which the device or equipment was prescribed, which shall include, but not be limited to, all of the following: (i) Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports. (ii) Vehicle safety restraints when used as intended during the transport of a pupil in a moving vehicle. (iii) Restraints for medical immobilization. (iv) Orthopedically prescribed devices that permit a pupil to participate in activities without risk of harm. (e) “Nonpublic school or agency” means any nonpublic school or nonpublic agency, including both in-state and out-of-state nonpublic schools and nonpublic agencies. (f) (1) “Physical restraint” means a personal restriction that immobilizes or reduces the ability of a pupil to move the pupil’s torso, arms, legs, or head freely. “Physical restraint” does not include a physical escort, which means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a pupil who is acting out to walk to a safe location. (2) “Physical restraint” does not include the use of force by peace officers or security personnel for detention or for public safety purposes. (g) “Prone restraint” means the application of a behavioral restraint on a pupil in a facedown position for any period of time and includes the procedure known as prone containment. (h) “Pupil” means a pupil enrolled in preschool, kindergarten, or any of grades 1 to 12, inclusive, and receiving educational services from an educational provider. (i) “Seclusion” means the involuntary confinement of a pupil alone in a room or area from which the pupil is physically prevented from leaving. “Seclusion” does not include a timeout, which is a behavior management technique that is part of an approved program, that involves the monitored separation of the pupil in a nonlocked setting, and is implemented for the purpose of calming. (Amended by Stats. 2024, Ch. 857, Sec. 2. (SB 483) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49005.2. Source version: id_4c471dd9-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. A pupil has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or retaliation by staff. This right includes, but is not limited to, the right to be free from the use of a drug administered to the pupil in order to control the pupil’s behavior or to restrict the pupil’s freedom of movement, if that drug is not a standard treatment for the pupil’s medical or psychiatric condition. (Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49005.4. Source version: id_4c471ddb-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. An educational provider may use seclusion or a behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive. (Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49005.6. Source version: id_4c471ddd-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques. (Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49005.8. Source version: id_504ced4c-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. (a) An educational provider shall not do any of the following: (1) Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation. (2) Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. (3) Use a physical restraint technique that obstructs a pupil’s respiratory airway or impairs the pupil’s breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil’s back or places the staff member’s body weight against the pupil’s torso or back. (4) Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupil’s face. (5) Use prone restraint. (6) Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others. (b) An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television. (c) An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others. (Amended by Stats. 2024, Ch. 857, Sec. 3. (SB 483) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49006. Source version: id_bcf4895d-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. (a) A local educational agency that meets the definition of a “local educational agency” specified in Section 300.28 of Title 34 of the Code of Federal Regulations shall collect and, no later than three months after the end of a school year, report to the department annually on the use of behavioral restraints and seclusion for pupils enrolled in or served by the local educational agency for all or part of the prior school year. (b) The report required pursuant to subdivision (a) shall include all of the following information, disaggregated by race or ethnicity, and gender: (1) The number of pupils subjected to mechanical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (2) The number of pupils subjected to physical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (3) The number of pupils subjected to seclusion, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (4) The number of times mechanical restraint was used on pupils, with separate counts for the number of times mechanical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (5) The number of times physical restraint was used on pupils, with separate counts for the number of times physical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (6) The number of times seclusion was used on pupils, with separate counts for the number of times seclusion was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. (c) Notwithstanding any other law, the data collected and reported pursuant to this section shall be available as a public record pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, and shall be posted annually on the internet website of the local educational agency. (d) No later than three months after the report is due to the department pursuant to subdivision (a), the department shall post the data from the report annually on its internet website. (Amended by Stats. 2023, Ch. 582, Sec. 1. (AB 1466) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49006.2. Source version: id_4c4744f3-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. Notwithstanding Section 49006, the data collection and reporting requirements contained in this article shall be conducted in compliance with the requirements of the Civil Rights Data Collection of the United States Department of Education’s Office for Civil Rights imposed pursuant to Sections 100.6(b) and 104.61 of Title 34 of the Code of Federal Regulations, and shall not be construed to impose a new program or higher level of service on local educational agencies or nonpublic schools or agencies. (Added by Stats. 2018, Ch. 998, Sec. 1. (AB 2657) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.2. Restraint and Seclusion [49005 - 49006.4] SECTION 49006.4. Source version: id_cf560439-0c96-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.2. (a) This article applies with regard to all pupils, including individuals with exceptional needs. For an individual with exceptional needs, if a behavioral restraint or seclusion is used, the procedures for followup contained in subdivisions (e), (f), (g), and (h) of Section 56521.1 also apply. (b) For purposes of this section, “individual with exceptional needs” has the same meaning specified in Section 56026. (Amended by Stats. 2019, Ch. 497, Sec. 64. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.5. Pupil Fees [49010 - 49014] SECTION 49010. Source version: id_63681920-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.5. For purposes of this article, the following terms have the following meanings: (a) “Educational activity” means an activity offered by a school, school district, charter school, or county office of education that constitutes an integral fundamental part of elementary and secondary education, including, but not limited to, curricular and extracurricular activities. (b) “Pupil fee” means a fee, deposit, or other charge imposed on pupils, or a pupil’s parents or guardians, in violation of Section 49011 and Section 5 of Article IX of the California Constitution, which require educational activities to be provided free of charge to all pupils without regard to their families’ ability or willingness to pay fees or request special waivers, as provided for in Hartzell v. Connell (1984) 35 Cal.3d 899. A pupil fee includes, but is not limited to, all of the following: (1) A fee charged to a pupil as a condition for registering for school or classes, or as a condition for participation in a class or an extracurricular activity, regardless of whether the class or activity is elective or compulsory, or is for credit. (2) A security deposit, or other payment, that a pupil is required to make to obtain a lock, locker, book, class apparatus, musical instrument, uniform, or other materials or equipment. (3) A purchase that a pupil is required to make to obtain materials, supplies, equipment, or uniforms associated with an educational activity. (Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.5. Pupil Fees [49010 - 49014] SECTION 49011. Source version: id_63684032-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.5. (a) A pupil enrolled in a public school shall not be required to pay a pupil fee for participation in an educational activity. (b) All of the following requirements apply to the prohibition identified in subdivision (a): (1) All supplies, materials, and equipment needed to participate in educational activities shall be provided to pupils free of charge. (2) A fee waiver policy shall not make a pupil fee permissible. (3) School districts and schools shall not establish a two-tier educational system by requiring a minimal educational standard and also offering a second, higher educational standard that pupils may only obtain through payment of a fee or purchase of additional supplies that the school district or school does not provide. (4) A school district or school shall not offer course credit or privileges related to educational activities in exchange for money or donations of goods or services from a pupil or a pupil’s parents or guardians, and a school district or school shall not remove course credit or privileges related to educational activities, or otherwise discriminate against a pupil, because the pupil or the pupil’s parents or guardians did not or will not provide money or donations of goods or services to the school district or school. (c) This article shall not be interpreted to prohibit solicitation of voluntary donations of funds or property, voluntary participation in fundraising activities, or school districts, schools, and other entities from providing pupils prizes or other recognition for voluntarily participating in fundraising activities. (d) This article applies to all public schools, including, but not limited to, charter schools and alternative schools. (e) This article is declarative of existing law and shall not be interpreted to prohibit the imposition of a fee, deposit, or other charge otherwise allowed by law. (Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.5. Pupil Fees [49010 - 49014] SECTION 49012. Source version: id_63686744-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.5. (a) Commencing with the 2014–15 fiscal year, and every three years thereafter, the department shall develop and distribute guidance for county superintendents of schools, district superintendents, and charter school administrators regarding the imposition of pupil fees for participation in educational activities in public schools. The department shall post the guidance on the department’s Internet Web site. (b) The guidance developed pursuant to subdivision (a) shall not constitute a regulation subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.5. Pupil Fees [49010 - 49014] SECTION 49013. Source version: id_63686746-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.5. (a) A complaint of noncompliance with the requirements of this article may be filed with the principal of a school under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (b) A complaint may be filed anonymously if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with the requirements of this article. (c) A complainant not satisfied with the decision of a public school may appeal the decision to the department and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. (d) If a public school finds merit in a complaint, or the department finds merit in an appeal, the public school shall provide a remedy to all affected pupils, parents, and guardians that, where applicable, includes reasonable efforts by the public school to ensure full reimbursement to all affected pupils, parents, and guardians, subject to procedures established through regulations adopted by the state board. (e) Information regarding the requirements of this article shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (f) Public schools shall establish local policies and procedures to implement the provisions of this section on or before March 1, 2013. (Added by Stats. 2012, Ch. 776, Sec. 1. (AB 1575) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 5.5. Pupil Fees [49010 - 49014] SECTION 49014. Source version: id_a0dbbfab-fcbb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=5.5. (a) A pupil or former pupil, unless emancipated at the time the debt is incurred, shall not owe or be billed for a debt owed to a public school or school district. (b) A public school or school district shall not, because of a debt owed to the public school or school district, take negative action against a pupil or former pupil, including, but not limited to, all of the following: (1) Denying full credit for any assignments for a class. (2) Denying full and equal participation in classroom activity. (3) Denying access to on-campus educational facilities, including, but not limited to, the library. (4) Denying or withholding grades or transcripts. (5) Denying or withholding a diploma. (6) Limiting or barring participation in an extracurricular activity, club, or sport. (7) Limiting or excluding from participation in an educational activity, field trip, or school ceremony. (c) (1) A public school or school district shall provide an itemized invoice for any amount owed by the parent or guardian on behalf of a pupil or former pupil before pursuing payment of the debt and shall provide a receipt to the parent or guardian of a pupil or former pupil for each payment made to the public school or school district for any amount owed by the parent or guardian on behalf of the pupil or former pupil. (2) The invoice required in paragraph (1) shall include references to school policies relating to debt collection and the rights established in this section and Section 49557.5. (d) Except as provided in subdivision (g), a debt collector, as defined in Section 803 of the federal Fair Debt Collection Practices Act (15 U.S.C. Sec. 1692a), shall not report a debt owed by a parent or guardian to a credit reporting agency if the debt collector is contracted with a public school or school district for the purpose of pursuing the repayment of a debt owed by a parent or guardian of a pupil or former pupil. (e) A public school or school district shall not sell debt owed by a parent or guardian of a pupil or former pupil. (f) Any waiver by a parent, guardian, pupil, or former pupil of the provisions of this section is contrary to public policy and shall be unenforceable and void. (g) (1) This section shall not apply to debt owed as a result of vandalism or to cover the replacement cost of public school or school district books, supplies, or property loaned to a pupil that the pupil fails to return or that are willfully cut, defaced, or otherwise injured. A public school or school district may offer a pupil or former pupil, with the permission of the parent or guardian of the pupil or former pupil, alternative, nonmonetary forms of compensation to settle debt described in this paragraph. Alternatives that include service or work in exchange for repayment of a debt shall comply with all provisions of the Labor Code, including those sections relating to youth employment. (2) Paragraph (1) shall not apply if the pupil is a current or former homeless child or youth or a current or former foster youth. (h) For purposes of this section, the following terms have the following meanings: (1) “Foster youth” has the same meaning as in Section 42238.01. (2) “Homeless child or youth” has the same meaning as “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code. (3) “Public school” includes the state special schools, as described in subdivision (a) of Section 48927, charter schools, schools operated by a county office of education, and schools within a school district. (4) “School district” means a school district or county office of education. (Added by Stats. 2018, Ch. 577, Sec. 2. (AB 1974) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6. Athletic Programs [49020 - 49024] SECTION 49020. Source version: id_d7122b57-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6. It is the intent of the Legislature that opportunities for participation in interschool athletic programs in public high schools of the state be provided on as equal a basis as is practicable to male and female students. The costs of providing these equal opportunities may vary according to the type of sports contained within the respective male and female athletic programs. Additional sources of revenue should be determined to provide for these equal opportunity programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6. Athletic Programs [49020 - 49024] SECTION 49021. Source version: id_d713b1f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6. It is the intent of the Legislature that opportunities for participation in athletics be provided on an equitable basis to all students. It is the further intent of the Legislature that females be given the same opportunity to participate in athletics and compete with other females in individual and team sports as is available to males who compete with other males in individual and team sports. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6. Athletic Programs [49020 - 49024] SECTION 49022. Source version: id_d713b1fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6. Insofar as practicable, in apportioning public funds school district governing boards shall apportion amounts available for athletics to ensure that equitable amounts will be allocated for all students, except that allowances may be made for differences in the costs of various athletic programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6. Athletic Programs [49020 - 49024] SECTION 49023. Source version: id_d713b1fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6. Notwithstanding any other provision of law, no public funds shall be used in connection with athletic programs conducted under the auspices of a school district governing board or any student organization within the district, which do not provide facilities and opportunities for participation by both sexes on an equitable basis. Facilities and opportunities for participation include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6. Athletic Programs [49020 - 49024] SECTION 49024. Source version: id_df9e173c-8f11-11df-b160-8c68244b7987 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6. (a) Prior to assuming a paid or volunteer position to work with pupils in a pupil activity program sponsored by a school district, all noncertificated candidates shall obtain an Activity Supervisor Clearance Certificate from the Commission on Teacher Credentialing pursuant to subdivision (f) of Section 44258.7. (b) A pupil activity program sponsored by a school district includes, but is not limited to, scholastic programs, interscholastic programs, and extracurricular activities sponsored by a school district or school booster club, including, but not limited to, cheer team, drill team, dance team, and marching band. (c) Volunteer supervisors for breakfast, lunch, or other nutritional periods pursuant to Sections 44814 and 44815, and nonteaching volunteer aides, as defined in Section 35021, under the immediate supervision and direction of certificated personnel of the district, shall not be required to obtain an Activity Supervisor Clearance Certificate. For purposes of this section, a nonteaching volunteer aide includes a parent volunteering in a classroom or on a field trip or a community member providing noninstructional services. (d) Candidates may be issued a temporary certificate in accordance with Sections 44332 and 44332.5 while the application is being processed. (e) This section does not apply to a candidate who is required by the school district to clear a Department of Justice and Federal Bureau of Investigation criminal background check prior to beginning the paid or volunteer activities described in subdivision (a). (f) This section shall become operative on July 1, 2010. (Amended by Stats. 2010, Ch. 52, Sec. 2. (AB 346) Effective July 9, 2010. Note: Operative date in subd. (f) originated in a prior version of this section.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] SECTION 49030. Source version: id_7a81990e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6.5. (a) Sixty days after the posting of the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping on the Internet Web site of the department pursuant to subdivision (b), dietary supplements, as defined by subsection (ff) of Section 321 of Title 21 of the United States Code, that include any of the following substances, are prohibited from being used by a pupil participating in interscholastic high school sports: (1) Synephrine. (2) A prohibited substance enumerated by the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping. (b) The State Department of Health Services shall provide the State Department of Education with the United States Anti-Doping Agency Guide to Prohibited Substances and Prohibited Methods of Doping, on or before March 30, 2006. Upon receipt of the guide, the State Department of Education shall notify each school district that serves pupils in grades 9 to 12, inclusive, that the guide has been completed and shall post the guide on its Internet Web site. The State Department of Health Services shall annually notify the State Department of Education of any amendments to the guide for the following school year. For an amendment to be applicable for the ensuing school year, the State Department of Health Services shall notify the State Department of Education as to that amendment no later than the March 30 immediately preceding the school year to which the amendment is to be applicable. Upon receipt of this notice, the State Department of Education shall notify each school district that serves pupils in grades 9 to 12, inclusive, that the guide has been amended and shall post the amended guide on its Internet Web site. The amendment becomes effective 60 days after the department posts the amended guide on its Internet Web site. (Amended by Stats. 2006, Ch. 538, Sec. 113. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] SECTION 49031. Source version: id_f3a4f323-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6.5. (a) A school may not accept a sponsorship from a manufacturer of a dietary supplement described in subdivision (a) of Section 49030, or from the distributor of a dietary supplement described in subdivision (a) of Section 49030 whose name appears on the labeling of the dietary supplement. (b) A dietary supplement prohibited by Section 49030 may not be marketed on a schoolsite or at a school-related event. (c) A dietary supplement prohibited by Section 49030 may not be sold or distributed on a schoolsite or at a school-related event. (d) (1) For purposes of subdivision (b), “market” includes, but is not limited to, all of the following: (A) Direct product advertising. (B) Provision of educational materials. (C) Product promotion by a school district employee or school district volunteer. (D) Product placement. (E) Clothing or equipment giveaways. (F) Scholarships. (2) For purposes of subdivision (b), “market” does not include the inadvertent display of a product name or product advertising by a person who is not a manufacturer or distributor of a dietary supplement described in subdivision (a) of Section 49030. (e) Subdivision (a) does not apply to either of the following: (1) An affiliate of a manufacturer or distributor of a dietary supplement described in subdivision (a) of Section 49030 if the affiliate does not manufacture or distribute a dietary supplement described in subdivision (a). (2) A manufacturer or distributor of a dietary supplement described in subdivision (a) if no more than 50 percent of its annual gross sales are derived from the manufacture or distribution of dietary supplements as defined in subsection (ff) of Section 321 of Title 21 of the United States Code. (Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] SECTION 49032. Source version: id_f3f24fd5-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6.5. (a) (1) Effective December 31, 2008, each high school sports coach shall have completed a coaching education program developed by his or her school district or the California Interscholastic Federation that meets the guidelines set forth in Section 35179.1. (2) The coaching education program described by paragraph (1) may be taught by an athletic director or high school sports coach who is deemed to be qualified by the California Interscholastic Federation. (b) Upon completion of the program, a high school sports coach shall be deemed to have completed the education requirement for the remainder of his or her time coaching at the high school level in any school district in the state. (c) Each high school sports coach shall be responsible for the costs of taking the course. (d) The training requirements of this section shall count toward the continuing education required for the renewal of the teaching credential of a coach who is also a certificated employee. (e) Notwithstanding subdivision (a), a high school sports coach who does not meet the requirements of subdivision (a) may be used for no longer than one season of interscholastic competition. (f) For the purposes of this section, “high school sports coach” means an employee or a volunteer who is authorized by a high school to be responsible for leading a school sports team of pupil athletes. (Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] SECTION 49033. Source version: id_f43b18a7-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6.5. The California Interscholastic Federation shall amend its constitution and bylaws to require, as a condition of participation in interscholastic sports, that school districts effective July 1, 2006, upon the notification provided pursuant to subdivision (b) of Section 49030, shall prohibit a pupil from participating in interscholastic high school sports, unless that pupil signs a pledge not to use anabolic steroids, as defined in Section 802 of Title 21 of the United States Code, without a prescription from a licensed health care practitioner or a dietary supplement prohibited by Section 49030 and the parent and guardian of that pupil signs a notification form regarding those restrictions. (Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 6.5. Performance-Enhancing Substances [49030 - 49034] SECTION 49034. Source version: id_f486c7a9-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=6.5. (a) The State Treasurer may accept voluntary contributions for the purpose of offsetting costs of training coaches pursuant to Sections 35179.2 and 35179.3. Contributions received by the State Treasurer shall be deposited in the California Coaching Education Fund, which is hereby created in the State Treasury. (b) Funds deposited in the California Coaching Education Fund are available upon appropriation by the Legislature and may only be expended for purposes of Sections 35179.2 and 35179.3, and for administration of the California Coaching Education Fund. (Added by Stats. 2005, Ch. 673, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 7. Registering to Vote [49040 - 49041] SECTION 49040. Source version: id_1b170770-898f-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=7. (a) The last two full weeks in April and the last two full weeks in September shall be known as “high school voter education weeks,” during which time persons authorized by the county elections official shall be allowed to register students and school personnel on any high school campus in areas designated by the administrator of the high school, or his or her designee, which are reasonably accessible to all students. (b) This section does not preclude a person from registering to vote students and school personnel on a high school campus as is otherwise permitted by the Elections Code. (Amended by Stats. 2014, Ch. 131, Sec. 1. (AB 1817) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 7. Registering to Vote [49040 - 49041] SECTION 49041. Source version: id_66c43670-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=7. (a) The administrator of a high school, or his or her designee, may appoint one or more pupils who are enrolled at that high school to be voter outreach coordinators. (b) A voter outreach coordinator may coordinate voter registration activities on his or her high school campus that encourage persons who are eligible to register to vote pursuant to Section 2101 of the Elections Code, or other persons who may submit an affidavit of registration pursuant to Section 2102 of the Elections Code, to apply to register to vote by submitting an affidavit of registration on paper or electronically on the Internet Web site of the Secretary of State. (c) A voter outreach coordinator may, with the approval of the administrator of the high school, or his or her designee, coordinate election-related activities on his or her high school campus, including voter registration drives, mock elections, debates, and other election-related pupil outreach activities. (Added by Stats. 2014, Ch. 131, Sec. 2. (AB 1817) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 8. Searches by School Employees [49050 - 49051] SECTION 49050. Source version: id_d71538a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=8. No school employee shall conduct a search that involves: (a) Conducting a body cavity search of a pupil manually or with an instrument. (b) Removing or arranging any or all of the clothing of a pupil to permit a visual inspection of the underclothing, breast, buttocks, or genitalia of the pupil. (Added by Stats. 1988, Ch. 1102, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 8. Searches by School Employees [49050 - 49051] SECTION 49051. Source version: id_d716bf47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=8. Nothing in this article shall be construed to affect the admissibility of evidence in subsequent juvenile or criminal proceedings. (Added by Stats. 1988, Ch. 1102, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 9. Restorative Justice Practices [49055 - 49056] SECTION 49055. Source version: id_87e501dc-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=9. (a) On or before June 1, 2024, the department shall develop evidence-based best practices for restorative justice practice implementation on a school campus and make these best practices available on the department’s internet website for use by local educational agencies to implement restorative justice practices as part of efforts to improve campus culture and climate. In developing best practices, the department shall consult with all of the following to identify best practices for effective, evidence-based restorative justice practices in elementary and secondary schools: (1) School-based restorative justice practitioners. (2) Educators from public schools serving kindergarten and grades 1 to 12, inclusive. (3) Pupils from public schools serving kindergarten and grades 1 to 12, inclusive. (4) Community partners or community members. (5) Nonprofit and public entities. (b) When developing best practices pursuant to subdivision (a), the department is encouraged to, to the extent feasible, take into account resources and best practices that have been identified or developed as part of aligned efforts, including, but not limited to, the Scaling Up MTSS Statewide (SUMS) Initiative, the California Community Schools Partnership Program, and resources developed by the department in support of social-emotional learning. (c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 914, Sec. 1. (AB 2598) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6. Pupil Rights and Responsibilities [48900 - 49056] ARTICLE 9. Restorative Justice Practices [49055 - 49056] SECTION 49056. Source version: id_bb470f61-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.&article=9. (a) Commencing with the 2024–25 school year, all of the following shall apply to recess provided by a public elementary school: (1) (A) Recess shall be at least 30 minutes on regular instructional days and at least 15 minutes on early release days and may be provided in one or more periods. (B) The requirement pursuant to subparagraph (A) does not apply to days in which there is a field trip or other educational program. (2) Recess shall be held outdoors whenever the weather and air quality permits. If outdoor space is not sufficient, recess may be held indoors. (3) Recess shall comply with a pupil’s individualized education program or pupil’s plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). (4) (A) A public elementary school pupil shall not be denied recess by a member of the school’s staff unless the pupil’s participation poses an immediate threat to the physical safety of the pupil or to the physical safety of one or more of the pupil’s peers. (B) If a pupil’s recess period is denied pursuant to subparagraph (A), school staff members shall make all reasonable efforts to resolve such threats and minimize exclusion from recess to the greatest extent practicable. School staff members are encouraged to use other means of correction, such as those specified in subdivision (b) of Section 48900.5. (b) This section does not prohibit a public elementary school from providing pupils with a snack during recess. (c) For purposes of this section, the following definitions apply: (1) “Educational program” means the entire school-sponsored offering for pupils, including in-class and out-of-class activities. (2) (A) “Public elementary school” means a school that is operated by a school district or county office of education, or a charter school that maintains kindergarten or any of grades 1 to 6, inclusive. (B) For a school that also maintains a grade higher than grade 6, the provisions of this section apply only to recess provided to pupils in kindergarten and any of grades 1 to 6, inclusive. (C) Notwithstanding subparagraph (B), the provisions of this section do not apply to pupils in grade 6 of a school that maintains grade 6 as part of a middle school or that solely maintains some or all of grades 6 to 12, inclusive, if the grade 6 pupils receive physical education pursuant to the requirements of Section 51222. (3) “Recess” means a period of time during the schoolday, separate and distinct from physical education courses and meal times, but may follow or precede physical education courses or meal times, when pupils are given supervised and unstructured time for any of the following: (A) Physical activity. (B) Play. (C) Organized games. (D) Social engagement with peers. (Amended by Stats. 2024, Ch. 38, Sec. 54. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 1. Legislative Intent [49060- 49060.] SECTION 49060. Source version: id_f4becc8b-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=1. (a) It is the intent of the Legislature to resolve potential conflicts between California law and the provisions of Public Law 93-380 regarding parental access to, and the confidentiality of, pupil records in order to ensure the continuance of federal education funds to public educational institutions within the state, and to revise generally and update the law relating to those records. (b) This chapter applies to public agencies that provide educationally related services to pupils with disabilities pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code and to public agencies that educate pupils with disabilities in state hospitals or developmental centers and in youth and adult facilities. (c) This chapter has no effect regarding public community colleges, other public or private institutions of higher education, other governmental or private agencies that receive federal education funds unless described herein, or, except for Sections 49068 and 40969.7 and paragraph (5) of subdivision (b) of Section 49076, private schools. (d) The provisions of this chapter prevail over the provisions of Section 12400 of this code and Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code to the extent that they may pertain to access to pupil records. (Amended by Stats. 2021, Ch. 615, Sec. 71. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 2. Definitions [49061- 49061.] SECTION 49061. Source version: id_0cbc3bc4-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=2. As used in this chapter: (a) “Parent” means a natural parent, an adopted parent, or legal guardian. If the parents are divorced or legally separated, only a parent having legal custody of the pupil may challenge the content of a record pursuant to Section 49070, offer a written response to a record pursuant to Section 49072, or consent to release records to others pursuant to Section 49075. Either parent may grant consent if both parents have notified, in writing, the school or school district that an agreement has been made. If a pupil has attained the age of 18 years or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to, the parents or guardian of the pupil shall thereafter only be required of, and accorded to, the pupil. (b) “Pupil record” means any item of information directly related to an identifiable pupil, other than directory information, that is maintained by a school district or required to be maintained by an employee in the performance of his or her duties whether recorded by handwriting, print, tapes, film, microfilm, or other means. “Pupil record” does not include informal notes related to a pupil compiled by a school officer or employee that remain in the sole possession of the maker and are not accessible or revealed to any other person except a substitute. For purposes of this subdivision, “substitute” means a person who performs the duties of the individual who made the notes on a temporary basis, and does not refer to a person who permanently succeeds the maker of the notes in his or her position. (c) “Directory information” means one or more of the following items: pupil’s name, address, telephone number, date of birth, email address, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous public or private school attended by the pupil. (d) “School district” means any school district maintaining any kindergarten or any of grades 1 to 12, inclusive, any public school providing instruction in any kindergarten or any of grades 1 to 12, inclusive, the office of the county superintendent of schools, or any special school operated by the department. (e) “Access” means a personal inspection and review of a record or an accurate copy of a record, or receipt of an accurate copy of a record, an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. (f) “County placing agency” means the county social service department or county probation department. (Amended by Stats. 2012, Ch. 162, Sec. 34. (SB 1171) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49062. Source version: id_d719cc95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. School districts shall establish, maintain, and destroy pupil records according to regulations adopted by the State Board of Education. Pupil records shall include a pupil’s health record. Such regulations shall establish state policy as to what items of information shall be placed into pupil records and what information is appropriate to be compiled by individual school officers or employees under the exception to pupil records provided in subdivision (b) of Section 49061. No pupil records shall be destroyed except pursuant to such regulations or as provided in subdivisions (b) and (c) of Section 49070. (Amended by Stats. 1980, Ch. 1347, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49062.5. Source version: id_4d1f3973-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) If a school district, charter school, or county office of education receives government-issued documentation, as described in subdivision (b), demonstrating that a former pupil’s legal name or gender has been changed, the school district, charter school, or county office of education shall update the former pupil’s records to include the updated legal name or gender. If requested by the former pupil, the school district, charter school, or county office of education shall reissue any documents conferred upon the former pupil with the former pupil’s updated legal name or gender. Documents that may be reissued by the school district, charter school, or county office of education include, but are not limited to, a transcript, a high school diploma conferred pursuant to Section 51410, a high school equivalency certificate issued pursuant to Section 51420, or other similar documents conferred upon the former pupil. This section does not require the school district, charter school, or county office of education to modify records that the former pupil has not requested for modification or reissuance. (b) The documentation provided by a former pupil demonstrating legal name or gender change may include, but need not be limited to, any of the following: (1) State-issued driver’s license. (2) Birth certificate. (3) Passport. (4) Social security card. (5) Court order indicating a name change or a gender change, or both. (c) If a former pupil requests that the former pupil’s name or gender be changed and the requested records are reissued, the school district, charter school, or county office of education shall add a new document to the former pupil’s file that includes all of the following: (1) The date of the request. (2) The date the requested records were reissued to the former pupil. (3) A list of the records that were requested by, and reissued to, the former pupil. (4) The type of documentation provided by the former pupil in order to demonstrate the legal name or gender change. (5) The name of the school district, charter school, or county office of education staff person that completed the request. (6) The current and former name or gender of the former pupil. (d) The process to request a change to pupil records described in Section 49070 is separate from the process described in this section. Former pupils who are unable to provide the government-issued documentation described in subdivision (b) may request a name or gender change, or both, to the former pupil’s records through the process described in Section 49070. (Added by Stats. 2019, Ch. 179, Sec. 1. (AB 711) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49063. Source version: id_cbdea205-fcdc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. School districts shall notify parents in writing of their rights under this chapter upon the date of the pupil’s initial enrollment, and thereafter at the same time as notice is issued pursuant to Section 48980. The notice shall be, insofar as is practicable, in the home language of the pupil. The notice shall take a form that reasonably notifies parents of the availability of the following specific information: (a) The types of pupil records and information contained therein that are directly related to pupils and maintained by the institution. (b) The position of the official responsible for the maintenance of each type of record. (c) The location of the log or record required to be maintained pursuant to Section 49064. (d) The criteria to be used by the school district in defining “school officials and employees” and in determining “legitimate educational interest” as used in Section 49064 and paragraph (1) of subdivision (a) of Section 49076. (e) The policies of the institution for reviewing and expunging those records. (f) The right of the parent to access pupil records. (g) The procedures for challenging the content of pupil records. (h) The cost, if any, that will be charged to the parent for reproducing copies of records. (i) The categories of information that the institution has designated as directory information pursuant to Section 49073. (j) Any other rights and requirements set forth in this chapter, and the right of the parent to file a complaint with the United States Department of Education concerning an alleged failure by the school district to comply with the provisions of Section 444 of the General Education Provisions Act (20 U.S.C. Sec. 1232g). (k) The availability of the prospectus prepared pursuant to Section 49091.14. (Amended by Stats. 2018, Ch. 507, Sec. 10. (SB 816) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49064. Source version: id_e46e8f4d-0c96-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. A log or record shall be maintained for each pupil’s record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor. Such listing need not include: (a) Parents or pupils to whom access is granted pursuant to Section 49069.7 or paragraph (6) of subdivision (a) of Section 49076; (b) Parties to whom directory information is released pursuant to Section 49073; (c) Parties to whom written consent has been executed by the parent pursuant to Section 49075; or (d) School officials or employees having a legitimate educational interest pursuant to paragraph (1) of subdivision (a) of Section 49076. The log or record shall be open to inspection only by a parent and the school official, or the official’s designee, responsible for the maintenance of pupil records, and to the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, and administrative head of an education agency as defined in Public Law 93-380, and state educational authorities as a means of auditing the operation of the system. (Amended by Stats. 2019, Ch. 497, Sec. 66. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49065. Source version: id_d719cc9b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. Any school district may make a reasonable charge in an amount not to exceed the actual cost of furnishing copies of any pupil record; provided, however, that no charge shall be made for furnishing (1) up to two transcripts of former pupils’ records or (2) up to two verifications of various records of former pupils. No charge may be made to search for or to retrieve any pupil record. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49066. Source version: id_d719cc9d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) When grades are given for any course of instruction taught in a school district, the grade given to each pupil shall be the grade determined by the teacher of the course and the determination of the pupil’s grade by the teacher, in the absence of clerical or mechanical mistake, fraud, bad faith, or incompetency, shall be final. (b) The governing board of the school district and the superintendent of such district shall not order a pupil’s grade to be changed unless the teacher who determined such grade is, to the extent practicable, given an opportunity to state orally, in writing, or both, the reasons for which such grade was given and is, to the extent practicable, included in all discussions relating to the changing of such grade. (c) No grade of a pupil participating in a physical education class, however, may be adversely affected due to the fact that the pupil does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the pupil. (Amended by Stats. 1980, Ch. 715, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49066.5. Source version: id_9fb93036-1fdd-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) (1) This section applies only to pupils enrolled in high school in the 2020–21 academic year. (2) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) The parent, guardian, or education rights holder of a pupil or, for a pupil 18 years of age or older, the pupil who was enrolled in high school and enrolled in a course during the 2020–21 school year may apply to the pupil’s local educational agency to have a letter grade earned for that course, as reflected on the pupil’s transcript, changed to a Pass or No Pass grade. (c) Notwithstanding any other law, a local educational agency shall grant a request described in subdivision (b). All of the following shall apply to the granting of the request: (1) Subject to the conditions in subdivision (b), the local educational agency shall not limit the number or type of courses eligible for the grade change. (2) The grade change shall not negatively affect the pupil’s grade point average. (3) Notwithstanding any other law, the grade change shall not result in the forfeiture of the pupil’s eligibility or entitlement to state or institutional student financial aid. (d) The California State University shall, and private postsecondary educational institutions and the University of California are encouraged to, do both of the following: (1) Accept for admission purposes, and without prejudice, a transcript with a Pass or No Pass grade instead of a letter grade for any coursework described in subdivision (b) for an applicant who had enrolled in a high school in the state during any school year from the 2020–21 school year to the 2023–24 school year, inclusive. (2) Within 15 calendar days of the operative date of the act that added this section, notify the department if the institution will comply with paragraph (1). (e) The department shall post on its internet website, and provide to local educational agencies, both of the following: (1) Within 15 calendar days of the operative date of the act that added this section, an application template for use by local educational agencies for the grade change described in subdivision (b). (2) Within 20 calendar days of the operative date of the act that added this section, a list of postsecondary educational institutions operating in the state that have indicated, pursuant to paragraph (2) of subdivision (d), that they will comply with paragraph (1) of subdivision (d). (f) Within 15 calendar days of the department posting the application template pursuant to paragraph (1) of subdivision (e), a local educational agency serving high school pupils shall post a notice on its internet website and provide written notice to its pupils and their parents or guardians of the grade change option described in subdivision (b). The notice shall include all of the following: (1) The application to request a grade change. (2) The list of postsecondary educational institutions described in paragraph (2) of subdivision (e). (3) A statement that some postsecondary educational institutions, including those in other states, may not accept a Pass or No Pass grade instead of a letter grade for admission purposes. (g) (1) Except as provided in paragraphs (2) and (3), an application described in subdivision (b) shall be submitted to the pupil’s local educational agency within 15 calendar days of the local educational agency, pursuant to subdivision (f), posting a notice on its internet website and providing written notice to its pupils and their parents or guardians. (2) Notwithstanding paragraph (1), an application that has been submitted under subdivision (b) to the pupil’s local educational agency after the deadline described in paragraph (1) shall be accepted by the local educational agency pursuant to subdivision (c) if the application is received by the pupil’s local educational agency on or before October 1, 2021. (3) Notwithstanding paragraphs (1) and (2), a local educational agency may accept an application submitted under subdivision (b) after October 1, 2021, for the 2020–21 school year. (h) A local educational agency shall change a transcript pursuant to subdivision (c) and shall notify the pupil and the pupil’s parent or guardian of the change within 15 calendar days of receiving the pupil’s application pursuant to subdivision (b). (Amended by Stats. 2021, Ch. 252, Sec. 22. (AB 167) Effective September 23, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49067. Source version: id_d71b533f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) The governing board of each school district shall prescribe regulations requiring the evaluation of each pupil’s achievement for each marking period and requiring a conference with, or a written report to, the parent of each pupil whenever it becomes evident to the teacher that the pupil is in danger of failing a course. The refusal of the parent to attend the conference, or to respond to the written report, shall not preclude failing the pupil at the end of the grading period. (b) The governing board of any school district may adopt regulations authorizing a teacher to assign a failing grade to any pupil whose absences from the teacher’s class that are not excused pursuant to Section 48205 equal or exceed a maximum number which shall be specified by the board. Regulations adopted pursuant to this subdivision shall include, but not be limited to, the following: (1) A reasonable opportunity for the pupil or the pupil’s parent or guardian to explain the absences. (2) A method for identification in the pupil’s record of the failing grades assigned to the pupil on the basis of excessive unexcused absences. (c) Notwithstanding the provisions of subdivision (a) of Section 49061, the provisions of this section shall apply to the parent or guardian of any pupil without regard to the age of the pupil. (Amended by Stats. 1998, Ch. 846, Sec. 20. Effective September 25, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49068. Source version: id_16bb9716-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) The Legislature finds and declares that the academic record of a transferring pupil is essential to the pupil’s placement, academic success, and timely graduation. The Legislature further finds and declares that an accurate, updated pupil record enhances school safety, academic achievement, and pupil welfare when the record of a transferring pupil includes transcripts, immunization records, and, when applicable, suspension notices, expulsion records, and individualized education programs. (b) If a pupil transfers from one public school to another or to a private school, or transfers from a private school to a public school within the state, the pupil’s permanent record or a copy of it shall be transferred by the former public school or private school no later than 10 schooldays following the date the request is received from the public school or private school where the pupil intends to enroll. (c) As used in this section, “schoolday” means a day upon which the school is in session or nonholiday weekdays during the summer break. (d) A public school requesting a transfer of a record pursuant to this section shall notify the parent of his or her right to receive a copy of the record and a right to a hearing to challenge the content of the record. (e) The state board may adopt rules and regulations concerning the transfer of records. (f) Nothing in this section shall supersede any other state or federal law governing the transfer of pupil records for specific pupil populations, including, but not limited to, Sections 49069.5 and 56043. (Amended by Stats. 2012, Ch. 369, Sec. 1. (AB 1799) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49068.5. Source version: id_240d5732-898f-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. Upon the initial enrollment of a pupil in a public or private elementary school, or whenever an elementary school pupil transfers from one school district to another, transfers to an elementary school within the same district, transfers from one private elementary school to another, transfers from a private elementary school to a public elementary school, or transfers from a public elementary school to a private elementary school, the principal of the school that the child enters or to which he or she transfers is urged to check to see if the child resembles a child listed as missing by the bulletins provided by the Department of Justice pursuant to Section 14204 of the Penal Code. (Amended by Stats. 2014, Ch. 437, Sec. 2. (SB 1066) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49068.6. Source version: id_bd86ba13-6775-11dc-8af0-bbc91aab7dbd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) Any law enforcement agency responsible for the investigation of a missing child shall inform the school district, other local educational agency, or private school, in which the child is enrolled, that the child is missing. The notice shall be in writing, shall include a photograph of the child if a photograph is available, and shall be given within 10 days of the child’s disappearance. (b) Every school notified pursuant to this section shall place a notice that the child has been reported missing on the front of each missing child’s school record. For public schools this shall be in addition to the posting requirements set forth in Section 38139. (c) Local law enforcement agencies may establish a process for informing local schools about abducted children pursuant to this section. (d) If a school receives a record inquiry or request from any person or entity for a missing child about whom the school has been notified pursuant to this section, the school shall immediately notify the law enforcement authorities who informed the school of the missing child’s status. (Added by Stats. 1999, Ch. 832, first Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49069.3. Source version: id_b925801e-e418-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, may access the current or most recent records of grades, transcripts, attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any individualized education programs (IEP) that may have been developed pursuant to Chapter 4 (commencing with Section 56300) of Part 30 or any plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) maintained by school districts, county offices of education, charter schools, nonpublic schools, as defined in Section 60010, or private schools of that pupil. A caregiver, pursuant to this section, may access the information specified in this section regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to Section 319, 361, or 726 of the Welfare and Institutions Code. (b) A foster family agency, short-term residential treatment program, or caregiver may review and receive pupil records pursuant to subdivision (a) for purposes of monitoring the pupil’s educational progress, updating and maintaining the pupil’s education records as required by Section 16010 of the Welfare and Institutions Code, and ensuring the pupil has access to educational services, supports, and activities. These purposes include, but are not limited to, enrolling the pupil in school, assisting the pupil with homework, class assignments, and college and scholarship applications, and enrolling the pupil in extracurricular activities, tutoring, and other afterschool and summer enrichment programs. (c) (1) If direct communication between a caregiver and an educational rights holder is appropriate, a caregiver who is not the pupil’s educational rights holder shall notify the pupil’s educational rights holder of any educational needs of the pupil that require the educational rights holder’s consent or participation, including, but not limited to, school placement decisions, decisions on whether to invoke or waive school of origin rights, consent for special education assessments and individualized education programs, meetings or hearings regarding attendance or discipline, and decisions regarding graduation. In instances involving significant discipline or that potentially impact a pupil’s continued enrollment and progress in school, the caregiver shall also provide the same information to the pupil’s social worker as is provided to the educational rights holder. (2) If direct communication between a caregiver and an educational rights holder is inappropriate, the pupil’s social worker shall direct the caregiver to communicate the information specified in paragraph (1) with the pupil’s social worker or attorney instead of the educational rights holder. (3) Nothing in this subdivision affects the responsibilities of a placement agency with regard to the education of a pupil. (4) This subdivision shall not be construed to alter or increase a social worker’s or attorney’s decisionmaking rights and responsibilities regarding a pupil. (d) Nothing in this section affects the duties of a local educational agency related to informing and involving educational rights holders in educational decisions affecting the child. (Amended by Stats. 2017, Ch. 829, Sec. 2. (SB 233) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49069.5. Source version: id_48ee4580-70e5-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) The Legislature finds and declares all of the following: (1) The mobility of pupils in foster care often disrupts their educational experience. (2) Efficient transfer procedures and transfer of pupil records are critical factors in the swift placement of foster children in educational settings. (3) Pupils who have had contact with the juvenile justice system are often denied credit or partial credit earned during enrollment in juvenile court schools. Delays in school enrollment and loss of earned credit can result in improper class or school placement, denial of special education services, and school dropout. (b) The proper and timely transfer between schools of pupils in foster care is the responsibility of both the local educational agency, including the county office of education for pupils in foster care who are enrolled in juvenile court schools, and the county placing agency, which includes the county probation department. (c) As soon as the county placing agency or county office of education becomes aware of the need to transfer a pupil in foster care out of the pupil’s current school, the county placing agency or county office of education shall contact the appropriate person at the local educational agency of the pupil. The county placing agency shall notify the local educational agency of the date that the pupil will be leaving the school and request that the pupil be transferred out. (d) Upon receiving a transfer request from a county placing agency or notification of enrollment from the new local educational agency, the local educational agency receiving the transfer request or notification shall, within two business days, transfer the pupil out of school and deliver the educational information and records of the pupil to the next educational placement. (e) As part of the transfer process described under subdivisions (c) and (d), the local educational agency shall compile the complete educational record of the pupil, including a determination of days of enrollment or seat time, or both if applicable, an official transcript that meets the requirements of Section 51225.2, including full and partial credits earned, or any measure of full or partial coursework being satisfactorily completed, as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 51225.2, including a determination of the days of enrollment or seat time, current classes and grades, immunization and other records, and, if applicable, a copy of the pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (f) The local educational agency shall assign the duties listed in this section to a person who is competent to handle the transfer procedure and who is aware of the specific educational recordkeeping needs of homeless, foster, and other transient children who transfer between schools. (g) The local educational agency shall ensure that, if the pupil in foster care is absent from school due to a decision to change the placement of a pupil made by a court or placing agency, the grades and credits of the pupil will be calculated as of the date the pupil left school and no lowering of grades will occur as a result of the absence of the pupil under these circumstances. (h) The local educational agency shall ensure that, if the pupil in foster care is absent from school due to a verified court appearance or related court ordered activity, no lowering of the pupil’s grades will occur as a result of the absence of the pupil under these circumstances. (i) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (j) For purposes of this section, the following definitions apply: (1) “County placing agency” means a county social services department or county probation department. (2) “Local educational agency” means a school district, a county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area. (3) “Pupil in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (a) of Section 48853.5. (Amended by Stats. 2022, Ch. 918, Sec. 2. (SB 532) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 3. General Provisions [49062 - 49069.7] SECTION 49069.7. Source version: id_5f76b36f-0c90-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=3. (a) Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools. The editing or withholding of any of those records, except as provided for in this chapter, is prohibited. (b) Each school district shall adopt procedures for the granting of requests by parents for copies of all pupil records pursuant to Section 49065, or to inspect and review records during regular school hours, provided that the requested access shall be granted no later than five business days following the date of the request. Procedures shall include the notification to the parent of the location of all official pupil records if not centrally located and the availability of qualified certificated personnel to interpret records if requested. (Added by renumbering Section 49069 by Stats. 2019, Ch. 497, Sec. 67. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 4. Rights of Parents [49070 - 49072] SECTION 49070. Source version: id_eed8934f-0c96-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=4. Following an inspection and review of a pupil’s records, the parent or guardian of a pupil or former pupil of a school district may challenge the content of any pupil record. (a) The parent or guardian of a pupil may file a written request with the superintendent of the school district to correct or remove any information recorded in the pupil’s written records that the parent or guardian alleges to be any of the following: (1) Inaccurate. (2) An unsubstantiated personal conclusion or inference. (3) A conclusion or inference outside of the observer’s area of competence. (4) Not based on the personal observation of a named person with the time and place of the observation noted. (5) Misleading. (6) In violation of the privacy or other rights of the pupil. (b) (1) Within 30 days of receipt of a request pursuant to subdivision (a), the superintendent or the superintendent’s designee shall meet with the parent or guardian and the certificated employee who recorded the information in question, if any, and if the employee is presently employed by the school district. The superintendent shall then sustain or deny the allegations. (2) If the superintendent sustains any or all of the allegations, the superintendent shall order the correction or the removal and destruction of the information. However, in accordance with Section 49066, the superintendent shall not order a pupil’s grade to be changed unless the teacher who determined the grade is, to the extent practicable, given an opportunity to state orally, in writing, or both, the reasons for which the grade was given and is, to the extent practicable, included in all discussions relating to the changing of the grade. (3) If the superintendent denies any or all of the allegations and refuses to order the correction or the removal of the information, the parent or guardian may, within 30 days of the refusal, appeal the decision in writing to the governing board of the school district. (c) (1) Within 30 days of receipt of an appeal pursuant to subdivision (b), the governing board shall, in closed session with the parent or guardian and the certificated employee who recorded the information in question, if any, and if the employee is presently employed by the school district, determine whether or not to sustain or deny the allegations. (2) If the governing board sustains any or all of the allegations, it shall order the superintendent to immediately correct or remove and destroy the information from the written records of the pupil, and inform the parent or guardian in writing. However, in accordance with Section 49066, the governing board shall not order a pupil’s grade to be changed unless the teacher who determined the grade is, to the extent practicable, given an opportunity to state orally, in writing, or both, the reasons for which the grade was given and is, to the extent practicable, included in all discussions relating to the changing of the grade. (3) The decision of the governing board shall be final. (4) Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the governing board, unless the parent or guardian initiates legal proceedings relative to the disputed information within the prescribed period. (5) (A) If the superintendent or governing board of the school district sustains the parent’s or guardian’s request to change the name, gender, or both, of a pupil or former pupil, the school district shall add a new document to the pupil’s or former pupil’s record that includes all of the following information: (i) The date of the request. (ii) The date the requested records were corrected. (iii) A list of the records that the parent or guardian of the pupil or former pupil requested to be corrected. (iv) The type of documentation, if any, provided by the parent or guardian of the pupil or former pupil to demonstrate a legal change to the pupil’s or former pupil’s name, gender, or both. The parent or guardian of the pupil or former pupil is not required to provide documentation of a legal change to the pupil’s or former pupil’s name, gender, or both. (v) The name of the employee that completed the request. (vi) The corrected and former names, genders, or both, of the pupil or former pupil. (B) Notwithstanding paragraph (4), the document generated pursuant to subparagraph (A) regarding a parent’s or guardian’s request to change a pupil’s or former pupil’s name, gender, or both, shall be indefinitely maintained in a confidential manner. (d) If the final decision of the governing board is unfavorable to the parent or guardian, or if the parent or guardian accepts an unfavorable decision by the superintendent of the school district, the parent or guardian shall be informed and shall have the right to submit a written statement of the parent’s or guardian’s objections to the information. This statement shall become a part of the pupil’s school record until the information objected to is corrected or removed. (Amended by Stats. 2019, Ch. 179, Sec. 2. (AB 711) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 4. Rights of Parents [49070 - 49072] SECTION 49071. Source version: id_d71cd9f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=4. (a) To assist in making determinations pursuant to Section 49070, a district superintendent or governing board may convene a hearing panel composed of the following persons, provided that the parent has given written consent to release information from the relevant pupil’s records to the members of the panel so convened: (1) The principal of a public school other than the public school at which the record is on file. (2) A certificated employee appointed by the chairman of the certificated employee council of the district, or, if no such council exists, a certificated employee appointed by the parent. (3) A parent appointed by the superintendent or by the governing board of the district, depending upon who convenes the panel. (b) The persons appointed pursuant to paragraphs (2) and (3) of subdivision (a) shall, if possible, not be acquainted with the pupil, his parent or guardian, or the certificated employee who recorded the information, except when the parent or guardian appoints the person pursuant to paragraph (2). (c) The principal appointed to the hearing panel shall serve as its chairman. (d) The hearing panel shall, in closed session, hear the objections to the information of the parent and the testimony of the certificated employee who recorded the information in question, if any, and if such employee is presently employed by the school district. The hearing panel shall be provided with verbatim copies of the information which is the subject of the controversy. Written findings shall be made setting forth the facts and decisions of the panel, and such findings shall be forwarded to the superintendent or the governing board, depending upon who convened the panel. The proceedings of the hearing shall not be disclosed or discussed by panel members except in their official capacities. (Amended by Stats. 1979, Ch. 373.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 4. Rights of Parents [49070 - 49072] SECTION 49072. Source version: id_d71e6093-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=4. Whenever there is included in any pupil record information concerning any disciplinary action taken by school district personnel in connection with the pupil, the school district maintaining such record or records shall allow the pupil’s parent to include in such pupil record a written statement or response concerning the disciplinary action. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49073. Source version: id_7eb65642-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) School districts shall adopt a policy identifying those categories of directory information as defined in subdivision (c) of Section 49061 that may be released. The school district shall determine which individuals, officials, or organizations may receive directory information. However, no information may be released to a private profitmaking entity other than employers, prospective employers, and representatives of the news media, including, but not limited to, newspapers, magazines, and radio and television stations. The names and addresses of pupils enrolled in grade 12 or who have terminated enrollment before graduation may be provided to a private school or college operating under Chapter 8 (commencing with Section 94800) of Part 59 of Division 10 of Title 3 or its authorized representative. However, no such private school or college shall use that information for other than purposes directly related to the academic or professional goals of the institution, and a violation of this provision is a misdemeanor, punishable by a fine of not to exceed two thousand five hundred dollars ($2,500). In addition, the privilege of the private school or college to receive the information shall be suspended for a period of two years from the time of discovery of the misuse of the information. Any school district may limit or deny the release of specific categories of directory information to any public or private nonprofit organization based upon a determination of the best interests of pupils. (b) Directory information may be released according to local policy as to any pupil or former pupil. However, notice shall be given at least on an annual basis of the categories of information that the school district plans to release and of the recipients. Directory information shall not be released regarding a pupil if a parent of that pupil has notified the school district that the information shall not be released. (c) (1) Directory information shall not be released regarding a pupil identified as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), unless a parent, or pupil accorded parental rights, as identified in the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), has provided written consent that directory information may be released. (2) (A) Notwithstanding paragraph (1), directory information of a pupil identified as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) may be disclosed, as authorized by school district policy in accordance with subdivision (a), to facilitate an eye examination by a nonprofit eye examination provider authorized by Section 49455.5, or a free oral health assessment hosted by schools as authorized by Section 49452.8, unless the parent or pupil accorded parental rights, as identified in the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), has provided written notice to the school that they do not consent to the physical examination pursuant to Section 49451, subdivision (b) of, or subparagraph (C) of paragraph (2) of subdivision (d) of, Section 49452.8, or subdivision (f) of Section 49455. (B) Directory information disclosed pursuant to subparagraph (A) shall only be disclosed for the purpose of facilitating an eye examination by a nonprofit eye examination provider authorized by Section 49455.5, or a free oral health assessment hosted by schools as authorized by Section 49452.8. (Amended by Stats. 2025, Ch. 163, Sec. 1. (AB 677) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49073.1. Source version: id_0bd9604d-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) A local educational agency may, pursuant to a policy adopted by its governing board or, in the case of a charter school, its governing body, enter into a contract with a third party for either or both of the following purposes: (1) To provide services, including cloud-based services, for the digital storage, management, and retrieval of pupil records. (2) To provide digital educational software that authorizes a third-party provider of digital educational software to access, store, and use pupil records in accordance with the contractual provisions listed in subdivision (b). (b) A local educational agency that enters into a contract with a third party for purposes of subdivision (a) shall ensure the contract contains all of the following: (1) A statement that pupil records continue to be the property of and under the control of the local educational agency. (2) Notwithstanding paragraph (1), a description of the means by which pupils may retain possession and control of their own pupil-generated content, if applicable, including options by which a pupil may transfer pupil-generated content to a personal account. (3) A prohibition against the third party using any information in the pupil record for any purpose other than those required or specifically permitted by the contract. (4) A description of the procedures by which a parent, legal guardian, or eligible pupil may review personally identifiable information in the pupil’s records and correct erroneous information. (5) A description of the actions the third party will take, including the designation and training of responsible individuals, to ensure the security and confidentiality of pupil records. Compliance with this requirement shall not, in itself, absolve the third party of liability in the event of an unauthorized disclosure of pupil records. (6) A description of the procedures for notifying the affected parent, legal guardian, or eligible pupil in the event of an unauthorized disclosure of the pupil’s records. (7) (A) A certification that a pupil’s records shall not be retained or available to the third party upon completion of the terms of the contract and a description of how that certification will be enforced. (B) The requirements provided in subparagraph (A) shall not apply to pupil-generated content if the pupil chooses to establish or maintain an account with the third party for the purpose of storing that content pursuant to paragraph (2). (8) A description of how the local educational agency and the third party will jointly ensure compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (9) A prohibition against the third party using personally identifiable information in pupil records to engage in targeted advertising. (c) In addition to any other penalties, a contract that fails to comply with the requirements of this section shall be rendered void if, upon notice and a reasonable opportunity to cure, the noncompliant party fails to come into compliance and cure any defect. Written notice of noncompliance may be provided by any party to the contract. All parties subject to a contract voided under this subdivision shall return all pupil records in their possession to the local educational agency. (d) For purposes of this section, the following terms have the following meanings: (1) “Deidentified information” means information that cannot be used to identify an individual pupil. (2) “Eligible pupil” means a pupil who has reached 18 years of age. (3) “Local educational agency” includes school districts, county offices of education, and charter schools. (4) “Pupil-generated content” means materials created by a pupil, including, but not limited to, essays, research reports, portfolios, creative writing, music or other audio files, photographs, and account information that enables ongoing ownership of pupil content. “Pupil-generated content” does not include pupil responses to a standardized assessment where pupil possession and control would jeopardize the validity and reliability of that assessment. (5) (A) “Pupil records” means both of the following: (i) Any information directly related to a pupil that is maintained by the local educational agency. (ii) Any information acquired directly from the pupil through the use of instructional software or applications assigned to the pupil by a teacher or other local educational agency employee. (B) “Pupil records” does not mean any of the following: (i) Deidentified information, including aggregated deidentified information, used by the third party to improve educational products, for adaptive learning purposes, and for customizing pupil learning. (ii) Deidentified information, including aggregated deidentified information, used to demonstrate the effectiveness of the operator’s products in the marketing of those products. (iii) Deidentified information, including aggregated deidentified information, used for the development and improvement of educational sites, services, or applications. (6) “Third party” refers to a provider of digital educational software or services, including cloud-based services, for the digital storage, management, and retrieval of pupil records. (e) If the provisions of this section are in conflict with the terms of a contract in effect before January 1, 2015, the provisions of this section shall not apply to the local educational agency or the third party subject to that agreement until the expiration, amendment, or renewal of the agreement. (f) Nothing in this section shall be construed to impose liability on a third party for content provided by any other third party. (Amended by Stats. 2015, Ch. 386, Sec. 20. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49073.2. Source version: id_d8065e4d-fcbb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) Notwithstanding Section 49073, a local educational agency shall not include the directory information or the personal information of a pupil or of a parent or guardian of a pupil in the minutes of a meeting of its governing body, except as required by judicial order or federal law, if a pupil who is 18 years of age or older or a parent or guardian of a pupil has provided a written request to the secretary or clerk of the governing body to exclude his or her personal information or the name of his or her minor child from the minutes of a meeting of the governing body. (b) As used in this section: (1) “Directory information” has the same meaning as defined in subdivision (c) of Section 49061. (2) “Governing body” includes charter school governing bodies, county boards of education, and school district governing boards. (3) “Local educational agency” includes charter schools, county offices of education, and school districts. (4) “Personal information” includes a person’s address, telephone number, date of birth, and email address. (c) This section is not intended to affect the public’s right of access to information pursuant to any other law. (Added by Stats. 2018, Ch. 788, Sec. 1. (SB 1036) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49073.5. Source version: id_d71fe739-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) It is the intent of the Legislature that a school district, in adopting a policy pursuant to Section 49073 governing the release of pupil directory information, not purposefully exclude any military services representative from access to that information. (b) It is further the intent of the Legislature, in the interest of pupil confidentiality, that school districts minimize the release of pupil telephone numbers in the absence of express parental consent. The Legislature finds and declares that the nondisclosure of pupil telephone numbers will reduce the possibility of harassment of pupils and their families by organizations that receive pupil directory information. (Added by Stats. 1991, Ch. 299, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49073.6. Source version: id_792e6a64-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) For purposes of this section, the following terms have the following meanings: (1) “Educational purposes” means for purposes that aid in instruction in the classroom or at home, or in classroom administration. (2) (A) “Social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. (B) “Social media” shall not include an electronic service or account used exclusively for educational purposes or primarily to facilitate creation of school-sponsored publications, such as a yearbook or pupil newspaper, under the direction or control of a school, teacher, or yearbook adviser. (b) Notwithstanding any other law or regulation, a school district, county office of education, or charter school that considers a program to gather or maintain in its records any information obtained from social media of any enrolled pupil shall notify pupils and their parents or guardians about the proposed program and provide an opportunity for public comment at a regularly scheduled public meeting of the governing board of the school district or county office of education, or governing body of the charter school, as applicable, before the adoption of the program. The notification required by this subdivision may be provided as part of the notification required pursuant to Section 48980. (c) Notwithstanding Section 49062, a school district, county office of education, or charter school that adopts a program pursuant to subdivision (b) shall do all of the following: (1) Gather or maintain only information that pertains directly to school safety or to pupil safety. (2) Provide a pupil with access to any information about the pupil gathered or maintained by the school district, county office of education, or charter school that was obtained from social media, and an opportunity to correct or delete such information. (3) (A) Destroy information gathered from social media and maintained in its records within one year after a pupil turns 18 years of age or within one year after the pupil is no longer enrolled in the school district, county office of education, or charter school, whichever occurs first. (B) Notify each parent or guardian of a pupil subject to the program that the pupil’s information is being gathered from social media and that any information subject to this section maintained in the school district’s, county office of education’s, or charter school’s records with regard to the pupil shall be destroyed in accordance with subparagraph (A). The notification required by this subparagraph may be provided as part of the notification required pursuant to Section 48980. The notification shall include, but is not limited to, all of the following: (i) An explanation of the process by which a pupil or a pupil’s parent or guardian may access the pupil’s records for examination of the information gathered or maintained pursuant to this section. (ii) An explanation of the process by which a pupil or a pupil’s parent or guardian may request the removal of information or make corrections to information gathered or maintained pursuant to this section. (C) If the school district, county office of education, or charter school contracts with a third party to gather information from social media on an enrolled pupil, require the contract to do all of the following: (i) Prohibit the third party from using the information for purposes other than to satisfy the terms of the contract. (ii) Prohibit the third party from selling or sharing the information with any person or entity other than the school district, county office of education, charter school, or the pupil or his or her parent or guardian. (iii) Require the third party to destroy the information immediately upon satisfying the terms of the contract. (iv) Require the third party, upon notice and a reasonable opportunity to act, to destroy information pertaining to a pupil when the pupil turns 18 years of age or is no longer enrolled in the school district, county office of education, or charter school, whichever occurs first. The school district, county office of education, or charter school shall provide notice to the third party when a pupil turns 18 years of age or is no longer enrolled in the school district, county office of education, or charter school. Notice provided pursuant to this clause shall not be used for any other purpose. (Added by Stats. 2014, Ch. 799, Sec. 1. (AB 1442) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49074. Source version: id_d71fe73b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. Nothing in this chapter shall preclude a school district from providing, in its discretion, statistical data from which no pupil may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of pupils. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49075. Source version: id_d71fe73d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) A school district may permit access to pupil records to any person for whom a parent of the pupil has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient must be notified that the transmission of the information to others without the written consent of the parent is prohibited. The consent notice shall be permanently kept with the record file. (b) Notwithstanding subdivision (a), school lunch applications and information shared pursuant to Section 49557.2 shall be retained by any school district in the manner most useful to the administration of the school lunch program. (Amended by Stats. 2001, Ch. 894, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49076. Source version: id_cbba94a0-e418-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations. (1) Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following: (A) School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record. (B) Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068. (C) Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Education’s Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations. (D) Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974. (E) Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code. (F) A pupil 16 years of age or older or having completed the 10th grade. (G) A district attorney who is participating in or conducting a truancy mediation program pursuant to Section 48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. (H) A district attorney’s office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)). (I) (i) A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation. (ii) For purposes of this subparagraph, a probation officer, district attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations. (iii) Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code. (J) A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil within 24 hours of the release of the information. (K) A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations. (L) A pupil 14 years of age or older who meets both of the following criteria: (i) The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). (ii) The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)). (M) An individual who completes items 1 to 4, inclusive, of the Caregiver’s Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school. (N) (i) An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil. (ii) The agency or organization specified in clause (i) may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupil’s educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law. (O) A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelated extended family member, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code. (2) School districts may release information from pupil records to the following: (A) Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations. (B) Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or his or her parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid. (C) Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency. (D) Accrediting associations in order to carry out their accrediting functions. (E) Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations. (F) Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupil’s permanent record transferred pursuant to Section 49068. (G) (i) A contractor or consultant with a legitimate educational interest who has a formal written agreement or contract with the school district regarding the provision of outsourced institutional services or functions by the contractor or consultant. (ii) Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party. (3) A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupil’s parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations. (4) Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met: (A) Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system. (B) Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure. (C) Each school district shall comply with the access log requirements of Section 49064. (D) The right of access granted shall not include the right to add, delete, or alter data without the written permission of the agency holding the data. (E) An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation. (b) The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupil’s educational rights. (c) (1) A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2). (2) A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupil’s parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupil’s identity is not personally identifiable, whether through single or multiple releases, and has taken into account other pertinent reasonably available information. (Amended by Stats. 2017, Ch. 829, Sec. 3. (SB 233) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49076.5. Source version: id_2b09581a-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) Notwithstanding Section 49076, each school district shall release the information it has specific to a particular pupil’s identity and location that relates to the transfer of that pupil’s records to another school district within this state or any other state or to a private school in this state to a designated peace officer, upon his or her request, when a proper police purpose exists for the use of that information. As permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations, the designated peace officer or law enforcement agency shall show the school district that the peace officer or law enforcement agency has obtained prior written consent from one parent, or provide information indicating that there is an emergency in which the information is necessary to protect the health or safety of the pupil or other individuals, or that the peace officer or law enforcement agency has obtained a lawfully issued subpoena or a court order. (b) In order to protect the privacy interests of the pupil, a request to a school district for pupil record information pursuant to this section shall meet the following requirements: (1) For purposes of this section, “proper police purpose” means that probable cause exists that the pupil has been kidnapped and that his or her abductor may have enrolled the pupil in a school and that the agency has begun an active investigation. (2) Only designated peace officers and federal criminal investigators and federal law enforcement officers, as defined in Section 830.1 of the Penal Code, whose names have been submitted to the school district in writing by a law enforcement agency, may request and receive the information specified in subdivision (a). Each law enforcement agency shall ensure that each school district has at all times a current list of the names of designated peace officers authorized to request pupil record information. (3) This section does not authorize designated peace officers to obtain any pupil record information other than that authorized by this section. (4) The law enforcement agency requesting the information shall ensure that at no time shall information obtained pursuant to this section be disclosed or used for a purpose other than to assist in the investigation of suspected criminal conduct or kidnapping. A violation of this paragraph shall be punishable as a misdemeanor. (5) The designated peace officer requesting information authorized for release by this section shall make a record on a form created and maintained by the law enforcement agency that shall include the name of the pupil about whom the inquiry was made, the consent of a parent having legal custody of the pupil or a legal guardian, the name of the officer making the inquiry, the date of the inquiry, the name of the school district, the school district employee to whom the request was made, and the information that was requested. (6) Whenever the designated peace officer requesting information authorized for release by this section does so in person, by telephone, or by some means other than in writing, the officer shall provide the school district with a letter confirming the request for pupil record information before any release of information. (7) A school district, or officer or employee of the school district, shall not be subject to criminal or civil liability for the release of pupil record information in good faith as authorized by this section. (Amended by Stats. 2012, Ch. 388, Sec. 2. (AB 733) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49076.7. Source version: id_55f79704-ca2c-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) The Legislature finds and declares both of the following: (1) Pupil data privacy is a priority because pupils are at risk for identity theft when providing their social security numbers. (2) A technical brief titled “Data Stewardship: Managing Personally Identifiable Information in Electronic Student Education Records” published by the United States Department of Education states that social security numbers are the single most misused piece of information by criminals perpetrating identity thefts. (b) A school district, county office of education, or charter school shall not collect or solicit social security numbers or the last four digits of social security numbers from pupils or their parents or guardians unless otherwise required to do so by state or federal law. (c) The department may additionally prohibit the collection and solicitation of other personally identifiable information, as recommended by the Superintendent and approved by the state board. (Added by Stats. 2016, Ch. 184, Sec. 1. (AB 2097) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49077. Source version: id_f9ca64f1-0c96-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) Information concerning a pupil shall be furnished in compliance with a court order or a lawfully issued subpoena. The school district shall make a reasonable effort to notify the pupil’s parent or legal guardian and the pupil in advance of compliance with a lawfully issued subpoena and, in the case of compliance with a court order, if lawfully possible within the requirements of the order. (b) Once a court order or lawfully issued subpoena is issued to obtain a pupil’s contact information, the school district shall make a reasonable effort to enter into an agreement with the entity that obtained the court order or subpoena requiring that the pupil contact information be maintained in a confidential manner. (c) Notwithstanding the content or existence of any agreement with a school district, a party that obtains pupil contact information pursuant to this section shall not use or disseminate that information for any purpose except as authorized by the court order or subpoena. (Amended by Stats. 2019, Ch. 497, Sec. 68. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49078. Source version: id_d722f485-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. The service of a lawfully issued subpoena or a court order upon a public school employee solely for the purpose of causing him or her to produce a school record pertaining to any pupil may be complied with by that employee, in lieu of the personal appearance as a witness in the proceeding, by submitting to the court, or other agency, or person designated in the subpoena, at the time and place required by the subpoena or court order, a copy of that record, accompanied by an affidavit certifying that the copy is a true copy of the original record on file in the school or school office. The copy of the record shall be in the form of a photostat, microfilm, microcard, or miniature photograph or other photographic copy or reproduction, or an enlargement thereof. (Amended by Stats. 1996, Ch. 879, Sec. 3. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49079. Source version: id_d722f487-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) A school district shall inform the teacher of each pupil who has engaged in, or is reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except subdivision (h), of Section 48900 or in Section 48900.2, 48900.3, 48900.4, or 48900.7 that the pupil engaged in, or is reasonably suspected to have engaged in, those acts. The district shall provide the information to the teacher based upon any records that the district maintains in its ordinary course of business, or receives from a law enforcement agency, regarding a pupil described in this section. (b) A school district, or school district officer or employee, is not civilly or criminally liable for providing information under this section unless it is proven that the information was false and that the district or district officer or employee knew or should have known that the information was false, or the information was provided with a reckless disregard for its truth or falsity. (c) An officer or employee of a school district who knowingly fails to provide information about a pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in subdivision (a) is guilty of a misdemeanor, which is punishable by confinement in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both. (d) For the 1994–95 school year, the information provided shall be from the previous two school years. For the 1996–97 school year and each school year thereafter, the information provided shall be from the previous three school years. (e) Any information received by a teacher pursuant to this section shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated by the teacher. (Amended by Stats. 2000, Ch. 345, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49079.5. Source version: id_ee0f09d9-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. The Legislature recognizes that a longitudinal pupil data system provides direct and tangible benefits to pupils, educators, policymakers, and the public. The Legislature intends to make statewide longitudinal education data accessible to, and used to inform and engage, authorized stakeholders in an effort to support the continuous improvement of instruction, operations, management, and resource allocation, and in a manner that complies with all federal and state privacy laws. The Legislature intends to make statewide longitudinal education data available and accessible to researchers so they may evaluate the effectiveness of instructional materials, strategies, and approaches for educating different types of pupils in a manner that complies with federal and state privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) (FERPA). It is the intent of the Legislature, in enacting this section, to accomplish all of the following: (a) Comply with the United States Constitution and all applicable federal laws, including FERPA and its implementing regulations (34 C.F.R. 99). (b) Comply with the California Constitution and all applicable state laws and their implementing regulations, including, but not limited to, Section 1798.24 of the Civil Code. (c) Further an environment in which the department and the California Longitudinal Pupil Achievement Data System (CALPADS) serve as resources for local educational agencies. (d) Promote a culture of continuous improvement through collaboration and informed decisionmaking at the classroom, school, district, state, and policymaker level. (e) Minimize the anticipated workload increase on the department that may be generated by an increased number of data requests as CALPADS becomes operational, by establishing clear guidance on data access and an efficient process for responding to requests for access. (f) Pursuant to FERPA and as defined in Section 1798.24 of the Civil Code, make pupil data available to qualified researchers from nonprofit organizations while appropriately protecting the privacy of individual pupils. (Added by Stats. 2010, 5th Ex. Sess., Ch. 1, Sec. 4. (SB 2 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 5. Privacy of Pupil Records [49073 - 49079.7] SECTION 49079.7. Source version: id_f7c1569d-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=5. (a) Notwithstanding paragraph (3) of subdivision (c) of Section 49079.6, the department shall impose reasonable fees or charges upon researchers applying for access to individually identifiable data, in order to cover costs of responding to time-intensive request. (b) Fees or charges imposed upon an applicant pursuant to this section shall equal the actual costs incurred by the department in responding to the applicant’s request. (c) Fees or charges shall not be imposed pursuant to this section upon any state agency, except for fees or charges related to the release of data for research purposes to the University of California, the California State University, or the Chancellor of the California Community Colleges. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 6. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 6. California School Information Services [49080 - 49085] SECTION 49080. Source version: id_d7247b2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=6. The Legislature finds and declares that the mission of the California School Information Services is to do all of the following: (a) Build the capacity of local education agencies to implement and maintain comparable, effective, and efficient pupil information systems that will support their daily program needs, assist local education agencies in improving the outcomes of pupils, and promote the use of information for educational decisionmaking by schoolsite, district office, and county staff. (b) Enable the accurate and timely exchange of pupil transcripts between local education agencies and to postsecondary institutions. (c) Assist local education agencies to transmit state and federal reports electronically to the State Department of Education, thereby reducing the reporting burden of local education agency staff. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 6. California School Information Services [49080 - 49085] SECTION 49080.5. Source version: id_d7247b2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=6. For the purposes of this chapter, the following definitions apply: (a) “CSIS” means the California School Information Services established pursuant to this article. (b) “FCMAT” means the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8. (c) “Administrator” means the administrator of the California School Information Services. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 6. California School Information Services [49080 - 49085] SECTION 49081. Source version: id_d7247b2f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=6. The California School Information Services is hereby established. The CSIS shall be administered by the County Office Fiscal Crisis and Management Assistance Team. FCMAT shall hire a program administrator. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 6. California School Information Services [49080 - 49085] SECTION 49082.5. Source version: id_d72600d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=6. The California School Information Services shall consult with technical and support staff from local education agencies, special education local plan areas, and schoolsites, the State Department of Education, the University of California, the California State University, the California Community Colleges, and parents. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 6. California School Information Services [49080 - 49085] SECTION 49083. Source version: id_d72600d5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=6. (a) The California School Information Services program administrator shall submit to the State Board of Education a plan to administer, coordinate, and manage the development and implementation of an electronic statewide school information system to address current problems of information exchange. The plan shall be updated with State Board of Education approval annually. (b) The plan shall prescribe the set of statewide data elements and codes to be implemented by the California School Information Services. The data elements and codes that are prescribed to be implemented shall comply with Sections 49061 to 49079, inclusive, and Sections 49602 and 56347, with Sections 430 to 438, inclusive, of Title 5 of the California Code of Regulations, with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and with the Family Education Rights and Privacy Act statute (20 U.S.C. Secs. 1232g and 1232h and related federal regulations. (c) The plan shall prescribe the statewide standards for security of the California School Information Services. Those standards shall include, but not be limited to, processes and procedures for handling both paper and electronic data, training for staff that handle the data, administrative management of the data system, and technical measures to secure the data contained in the electronic system. (d) The data elements and codes set forth in the plan approved by the State Board of Education, as transferred through any electronic statewide school information system, may not contain any questions of items that solicit or invite disclosure of the personal beliefs or practices of a pupil, or his or her parent or guardian, as to sex, family life, morality, or religion, nor may it contain any question designed to evaluate personal behavioral characteristics including, but not limited to, honesty, integrity, sociability, or self-esteem. (Added by Stats. 1999, Ch. 78, Sec. 36. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 6. California School Information Services [49080 - 49085] SECTION 49083.5. Source version: id_500f65b3-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=6. (a) CSIS, in consultation with the department, shall create and maintain a list of SIS vendors. This list shall include the product capabilities of SIS vendors. (b) The list established pursuant to subdivision (a) shall include a state designation established by CSIS for SIS vendors that meet all of the following requirements: (1) Serve local educational agencies educating pupils in any of kindergarten or grades 1 to 12, inclusive. (2) Comply, without passing the costs of complying to local educational agencies, with the California High School Transcript and Student Record Portability Standard that is acknowledged by the Office of Cradle-to-Career Data and promoted by the department, the California State University, the University of California, the California Community Colleges, and the Student Aid Commission, maintained in a data standards repository within the data system administered by the Office of Cradle-to-Career Data pursuant to Section 10862, and managed by the CCGI pursuant to subdivision (c) of Section 60900.5, and include the accompanying data standards and file specifications. (3) Provide an API that facilitates a local educational agency’s ability to meet the requirements of subparagraphs (B) and (D) of paragraph (3) of subdivision (f) of Section 60900. (4) Are small-sized vendors that offer an alternative extract to paragraph (3) for use by the CCGI. (c) CSIS, the department, and CCGI shall collaboratively establish the criteria to assess whether vendors meet the requirements of paragraphs (1) to (4), inclusive, of subdivision (b) to receive the state designation pursuant to that subdivision. (d) CSIS shall post the list established pursuant to this section on its internet website. (e) As used in this section, the following definitions apply: (1) “API” means an application programming interface. (2) “CCGI” means the California College Guidance Initiative. (3) “Local educational agency” means a school district, county office of education, or charter school. (4) “SIS vendor” means a school information system vendor. (Added by Stats. 2024, Ch. 38, Sec. 55. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 6. California School Information Services [49080 - 49085] SECTION 49084. Source version: id_d72600d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=6. (a) A participating local education agency with an enrollment of 3,500 or more pupils, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program, is eligible for one-time funding for startup costs based on the greater of the following: (1) Eight dollars and fifty-one cents ($8.51) for each pupil who is enrolled, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program. (2) Two thousand five hundred dollars ($2,500) per schoolsite under the jurisdiction of the local education agency. (b) A participating local education agency with a pupil enrollment of fewer than 3,500 pupils and greater than 1,800 pupils, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program, is eligible for one-time funding for startup costs based on the greater of the following: (1) Eight dollars and fifty-one cents ($8.51) per pupil who is enrolled, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program. (2) Two thousand five hundred dollars ($2,500) per schoolsite under the jurisdiction of the local education agency. (3) Thirty thousand dollars ($30,000). (c) A participating local education agency with a pupil enrollment of fewer than 1,800 pupils, as determined by the most current California Basic Educational Data System information that is available when the agency joins the California School Information Services Program, is eligible for one-time funding for the startup costs based on the greater of the following: (1) Eight dollars and fifty-one cents ($8.51) for each pupil who is enrolled, as determined by the most current California Basic Educational Data System information, and two thousand five hundred dollars ($2,500) per schoolsite. (2) Fifteen thousand dollars ($15,000). (d) Notwithstanding subdivisions (a), (b), and (c) the California School Information Services Program may not provide a local education agency more than 50 percent of the total funds required by an agency to achieve full participation in the California School Information Services Program. Total costs may include both actual expenditures and in-kind contributions, including those made within the previous three years, that are necessary to enable the local education agency to participate in the California School Information Services Program. (e) For each consortium of local education agencies using the same pupil information system software, the consortium fiscal agent shall receive five thousand nine hundred seventy dollars ($5,970) for each new local education agency in the first and second year of participation in the California School Information Services Program to provide project and fiscal management services on behalf of participating consortium members after July 1, 2002. (Added by Stats. 2002, Ch. 1002, Sec. 2. Effective September 27, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.5. Pupil Records [49060 - 49085] ARTICLE 6. California School Information Services [49080 - 49085] SECTION 49085. Source version: id_fc8eebcf-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.5.&article=6. (a) On or before February 1, 2014, the department and the State Department of Social Services shall develop and enter into a memorandum of understanding that shall, at a minimum, require the State Department of Social Services, at least once per week, to share with the department both of the following: (1) Disaggregated information on children and youth in foster care sufficient for the department to identify pupils in foster care. (2) Disaggregated data on children and youth in foster care that is helpful to county offices of education and other local educational agencies responsible for ensuring that pupils in foster care receive appropriate educational supports and services. (b) To the extent allowable under federal law, the department shall regularly identify pupils in foster care and designate those pupils in the California Longitudinal Pupil Achievement Data System or any future data system used by the department to collect disaggregated pupil outcome data. (c) To the extent allowable under federal law, the Superintendent, on or before July 1 of each even-numbered year, shall report to the Legislature and the Governor on the educational outcomes for pupils in foster care at both the individual schoolsite level and school district level. The report shall include, but is not limited to, all of the following: (1) Individual schoolsite level and school district level educational outcome data for each local educational agency that enrolls at least 15 pupils in foster care, each county in which at least 15 pupils in foster care attend school, and for the entire state. (2) The number of pupils in foster care statewide and by each local educational agency. (3) The academic achievement of pupils in foster care. (4) The incidence of suspension and expulsion for pupils in foster care. (5) Truancy rates, attendance rates, and dropout rates for pupils in foster care. (d) To the extent allowable under federal law, the department, at least once per week, shall do all of the following: (1) Inform school districts and charter schools of any pupils enrolled in those school districts or charter schools who are in foster care. (2) Inform county offices of education of any pupils enrolled in schools in the county who are in foster care. (3) Provide school districts, county offices of education, and charter schools disaggregated data helpful to ensuring pupils in foster care receive appropriate educational supports and services. (e) (1) For purposes of this section, “pupil in foster care” has the same meaning as “foster youth,” as defined in subdivision (b) of Section 42238.01. (2) This section does not require the State Department of Social Services to collect, nor share with the department, any information regarding the population described in paragraph (4) of subdivision (b) of Section 42238.01. (3) (A) For purposes of a dependent child, as described in paragraph (4) of subdivision (b) of Section 42238.01, the tribe may notify a local educational agency about the pupil’s status as a dependent child under the court of an Indian tribe, consortium of tribes, or tribal organization. (B) A local educational agency shall not require an Indian tribe or tribal court representative to certify that any pupil is a dependent of an Indian tribe, consortium of tribes, or tribal organization. (Amended by Stats. 2021, Ch. 287, Sec. 6. (AB 1055) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ARTICLE 1. Parental Review [49091.10 - 49091.19] SECTION 49091.10. Source version: id_49f84afd-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.6.&article=1. (a) All primary supplemental instructional materials and assessments, including textbooks, teacher’s manuals, films, audio and video recordings, and software shall be compiled and stored by the classroom instructor and made available promptly for inspection by a parent or guardian in a reasonable timeframe or in accordance with procedures determined by the governing board of the school district. (b) A parent or guardian has the right to observe instruction and other school activities that involve his or her child in accordance with procedures determined by the governing board of the school district to ensure the safety of pupils and school personnel and to prevent undue interference with instruction or harassment of school personnel. Reasonable accommodation of parents and guardians shall be considered by the governing board of the school district. Upon written request by the parent or guardian, school officials shall arrange for the parental observation of the requested class or classes or activities by that parent or guardian in a reasonable timeframe and in accordance with procedures determined by the governing board of the school district. (Amended by Stats. 2009, Ch. 88, Sec. 24. (AB 176) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ARTICLE 1. Parental Review [49091.10 - 49091.19] SECTION 49091.12. Source version: id_d727877f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.6.&article=1. (a) A pupil may not be compelled to affirm or disavow any particular personally or privately held world view, religious doctrine, or political opinion. This section does not relieve pupils of any obligation to complete regular classroom assignments. (b) Nothing in this chapter shall be construed to affect a pupil’s right or ability to obtain confidential medical care or confidential counseling relating to the diagnosis or treatment of a drug- or alcohol-related problem, or mental health treatment or counseling on an outpatient basis, without the consent of his or her parent or guardian. Nothing in this chapter shall be construed to restrict the authority of school officials or law enforcement officials to investigate, or intervene in, cases of suspected child abuse. (c) A pupil may not be tested for a behavioral, mental, or emotional evaluation without the informed written consent of his or her parent or guardian. (d) A general consent, including medical consent used to approve admission to or involvement in, a special education or remedial program or regular school activity, does not constitute written consent under this section. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ARTICLE 1. Parental Review [49091.10 - 49091.19] SECTION 49091.14. Source version: id_d7278781-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.6.&article=1. The curriculum, including titles, descriptions, and instructional aims of every course offered by a public school, shall be compiled at least once annually in a prospectus. Each schoolsite shall make its prospectus available for review upon request. When requested, the prospectus shall be reproduced and made available. School officials may charge for the prospectus an amount not to exceed the cost of duplication. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ARTICLE 1. Parental Review [49091.10 - 49091.19] SECTION 49091.16. Source version: id_d7278783-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.6.&article=1. It is the intent of the Legislature to encourage pupil-school-parent compacts that are voluntary. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ARTICLE 1. Parental Review [49091.10 - 49091.19] SECTION 49091.18. Source version: id_d7290e25-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.6.&article=1. Notwithstanding any provision of law to the contrary, a school may not require a pupil or a pupil’s family to submit to or participate in any of the following: (a) Any assessment, analysis, evaluation, or monitoring of the quality or character of the pupil’s home life. (b) Any form of parental screening or testing. (c) Any nonacademic home-based counseling program. (d) Parent training. (e) Any prescribed family education service plan. (f) Nothing in this section shall be construed as preventing the screening, testing, or training of public school employees. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ARTICLE 1. Parental Review [49091.10 - 49091.19] SECTION 49091.19. Source version: id_d7290e27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.6.&article=1. No provision of this chapter shall be construed as restricting teachers in the assignment of homework. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 6.6. The Education Empowerment Act of 1998 [49091.10 - 49091.24] ARTICLE 2. Teacher Rights [49091.24- 49091.24.] SECTION 49091.24. Source version: id_d7290e2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=6.6.&article=2. A teacher shall have the right to refuse to submit to any evaluation or survey conducted by the school district concerning the following: (a) Personal values, attitudes, and beliefs. (b) Sexual orientation. (c) Political affiliations or opinions. (d) Critical appraisals of other individuals with whom the teacher has a family relationship. (e) Religious affiliations or beliefs. (Added by Stats. 1998, Ch. 1031, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 1. Employment and Attendance [49100 - 49101] SECTION 49100. Source version: id_d72a94d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=1. No minor having a permit to work and no minor under 18 years of age, who is otherwise required by law to attend school, shall be out of school and unemployed for a period longer than 10 consecutive days while the public schools are in session, but shall enroll and attend school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 1. Employment and Attendance [49100 - 49101] SECTION 49101. Source version: id_d72a94d3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=1. The provisions of this chapter shall not apply to any minor who has been graduated from a high school maintaining a four-year course above the eighth grade of elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code. (Added by Stats. 1977, Ch. 796.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49110. Source version: id_4dd7cf1f-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. (a) It is the intent of the Legislature that school district, charter school, and private school personnel responsible for issuing work permits to pupils have a working knowledge of California labor laws as they relate to minors and be trained to provide pupils with practical personal guidance in career education. (b) Any of the following individuals may issue a work permit to a minor subject to the requirements and conditions of this chapter: (1) The superintendent of a school district in which the minor resides. (2) The chief executive officer, or the equivalent position, of a charter school that the minor attends. (3) A person holding a services credential with a specialization in pupil personnel services authorized by the superintendent of the school district or chief executive officer in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent of the school district or chief executive officer in writing. (4) If the minor resides in a portion of a county not under the jurisdiction of the superintendent of a school district and does not attend a charter school, the county superintendent of schools, a person holding a services credential with a specialization in pupil personnel services authorized by the county superintendent of schools in writing, or a certificated work experience education teacher or coordinator authorized by the county superintendent of schools in writing may issue a work permit. (5) Subject to the requirements and conditions in subparagraphs (A) to (C), inclusive, the principal of a public or private school may issue, or designate another administrator in the school to issue, work permits to pupils who attend the school. If the principal of a public or private school chooses not to issue work permits pursuant to this paragraph, work permits may be issued to pupils attending that school pursuant to paragraph (1), (3), or (4) or Section 49110.1. (A) A principal who issues a work permit pursuant to this paragraph shall provide a self-certification that he or she understands the requirements in existing law for issuing a work permit. The principal shall submit a copy of each work permit he or she issues along with a copy of the application for each work permit to the superintendent of the school district in which the school is located. (B) The superintendent of a school district may revoke a work permit issued by the principal of a public or private school located within the district if the superintendent becomes aware of any grounds upon which the pupil may be deemed ineligible for a work permit under existing law. (C) An individual with authority to issue a work permit pursuant to this subdivision shall not issue a work permit to his or her own child. (c) A work permit shall not be issued until the written request for the permit from the parent, guardian, foster parent, caregiver with whom the minor resides, or residential shelter services provider, has been filed with the issuing authority. “Residential shelter services” refers to residential and other support services provided to minors by a governmental agency, a person or agency under contract with a governmental agency to provide these services, an agency receiving funding from community funds, or a licensed community care facility or crisis resolution center on a temporary or emergency basis in a facility that services only minors. (d) If the certificated person designated to issue work permits by the superintendent of a school district or the chief executive officer, or the equivalent position, of a charter school is not available, and delay in issuing a permit would jeopardize the ability of a pupil to secure work, another person authorized by the superintendent of the school district or the chief executive officer, or the equivalent position, of a charter school may issue the work permit. (e) If a school district or charter school does not employ or contract with a person holding a services credential with a specialization in pupil personnel services or with a certificated work experience education teacher or coordinator, the superintendent of the school district or the chief executive officer, or the equivalent position, of a charter school may authorize, in writing, a person who does not hold that credential to issue work permits during periods of time in which the superintendent is absent from the district or the chief executive officer is absent from the charter school. (f) Notwithstanding the hour limitations imposed by this chapter or any other provision of law, the hour limitations that apply to a work permit issued by any of the individuals described in subdivision (b) shall be based on the school calendar of the school the pupil attends. (Amended by Stats. 2009, Ch. 214, Sec. 1. (AB 66) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49110.1. Source version: id_33eb6561-f54e-11da-bccc-c495107da326 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. The superintendent of any school district may designate the principal or other person having charge of a private school within the district, in which pupils are enrolled pursuant to Section 48222, as a person authorized to issue work permits to pupils of the school, in accordance with this chapter. Where the pupil resides in a portion of the county not under the jurisdiction of the superintendent of any school district, the county superintendent of schools may designate the principal or other person having charge of a private school as the person authorized to issue such work permits. The superintendent of the school district, or the county superintendent of schools as the case may be, shall periodically ascertain that the designated person has complied with the requirements of this chapter pertaining to issuing authorities. (Added by Stats. 1977, Ch. 117.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49110.5. Source version: id_5ec58365-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. (a) The week of each year that includes April 28 shall be known as “Workplace Readiness Week.” All public high schools, including charter schools, shall annually observe that week by providing information to pupils on their rights as workers. The topics covered shall include, but are not limited to, all the following: (1) Local, state, and federal laws regarding each of the following issues: (A) Prohibitions against misclassification of employees as independent contractors. (B) Child labor. (C) Wage and hour protections. (D) Worker safety. (E) Workers’ compensation. (F) Unemployment insurance. (G) Paid Sick Leave, Paid Family Leave, State Disability Insurance, and the California Family Rights Act. (H) The right to organize a union in the workplace. (I) Prohibitions against retaliation by employers when workers exercise these or any other rights guaranteed by law. (2) The labor movement’s role in winning the protections and benefits described in subparagraphs (A) to (I), inclusive, of paragraph (1). (3) An introduction to state-approved apprenticeship programs in California, how to access them, the variety of programs available, and how they can provide an alternative career path for those who do not attend college. (b) For pupils in grades 11 and 12, the observances required by this section shall be integrated into the regular school program, consistent with the history-social science framework, but may also include special events after regular school hours. This integration is encouraged, but not required, to occur during Workplace Readiness Week. (c) (1) Beginning August 1, 2024, any minor seeking the signature of a verifying authority on a Statement of Intent to Employ a Minor and Request for a Work Permit-Certificate of Age under this chapter shall be issued, before or at the time of receiving the signature of the verifying authority, a document clearly explaining basic labor rights extended to workers. (2) Topics covered in this document shall include, but are not limited to, those identified in subparagraphs (A) to (I), inclusive, of paragraph (1) of subdivision (a). (3) The University of California Berkeley Center for Labor Research and Education is encouraged to produce, with input from bona fide labor organizations, a draft template for the document to be provided to minors, including translations into other languages, including, but not limited to, Spanish, Chinese, Tagalog, Vietnamese, and Korean. (4) The document shall express these labor rights in plain, natural terminology easily understood by the pupil. (5) The document shall be in a physical form in English and shall include both a Uniform Resource Locator for, and a quick response code linked to, an internet website with electronic versions of the document, and any translated versions of the document, produced by the University of California Berkeley Center for Labor Research and Education pursuant to paragraph (3). (d) The Superintendent shall annually send a written notice, detailing requirements of Workplace Readiness Week and how teachers may access related instructional materials and other resources, to every public high school, including charter schools, at least one month before Workplace Readiness Week. (Added by Stats. 2023, Ch. 271, Sec. 2. (AB 800) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49111. Source version: id_d72c1b7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. A permit to work may be issued to any minor over the age of 12 years and under the age of 18 years to be employed on a regular school holiday, during the regular vacation of the public school, during such time as the minor is exempt from compulsory school attendance pursuant to Section 48231, and during the period of a specified occasional public school vacation in any of the establishments or occupations not otherwise prohibited by law. (Amended by Stats. 1977, Ch. 1221.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49112. Source version: id_d72c1b7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. (a) Except as provided in subdivisions (b) and (c), a permit to work may be issued to a minor who has completed the equivalent of the 7th grade in a public school course to work outside of school hours for a period of time not to exceed three hours in any day while school is in session if the minor is 14 or 15 years of age, or four hours in any day in which he or she is required by law to attend school if the minor is 16 or 17 years of age. (b) Notwithstanding subdivision (a), a permit to work may be issued, at the school district’s discretion, to a minor 13 years of age if he or she has completed grade 6, has been identified by the school district in which he or she is enrolled as exhibiting the potential to drop out of school, and is a participant in an employment program that is conducted on school premises and sponsored by one or more school districts, provided the program serves to foster the development of an appreciation by the pupil of the importance of education in preparing a pupil for future education and employment. The permit shall limit the period any minor age 13 may work pursuant to this subdivision to two hours on any given day, up to a maximum of four hours each week. (c) A permit to work may also be issued to a minor age 16 or older to work outside of school hours for a period of time not to exceed eight hours in any day in which the minor is required by law to attend school and which is immediately prior to a nonschoolday. (d) Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. (Amended by Stats. 1992, Ch. 1189, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49113. Source version: id_d72da21f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. A permit to work may be issued to a minor who is under the age of 18 years and over the age of 14 years who is regularly enrolled in a high school or community college or who has been assigned to a vocational course in a place of employment, and who will work part time as a properly enrolled pupil in a work experience education course that meets all the requirements of such course as provided in Sections 51760 to 51769, inclusive. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49114. Source version: id_d72da221-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. The person authorized to issue permits to work or to employ may issue to any minor a certificate of age when the minor accompanied by his parent, guardian, or other person in control or charge of the minor, presents to the authority, the evidence of age specified in this chapter. The certificate of age shall serve as a permit to employ a minor who is not by law required to attend school, and who is otherwise required to hold a permit to work. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49115. Source version: id_d72da223-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. The permit to employ shall contain: (a) The name, age, birth date, address and phone number of the minor. (b) The place and hours of compulsory part-time school attendance for the minor, or statement of exemption therefrom, and the hours of compulsory full-time school attendance for the minor, if the permit is issued for outside of school hours. (c) The maximum number of hours per day and per week the student may work while school is in session. (d) The minor’s social security number. (e) The signature of the minor and the issuing authority. (f) The date on which the permit expires. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49116. Source version: id_d72da225-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. (a) While school is in session, an employer shall not employ a minor 14 or 15 years of age for more than three hours in any day, nor more than 18 hours in any week, nor during school hours, except that a minor enrolled in and employed pursuant to a school-supervised and school-administered work experience and career exploration program may be employed for no more than 23 hours, any portion of which may be during school hours. (b) An employer shall not employ a minor 16 or 17 years of age for more than four hours in any day in which that minor is required by law to attend school for 240 minutes or more, except as follows: (1) The minor is employed in personnel attendance occupations, as defined in the Industrial Welfare Commission Minimum Wage Order No. 15, school-approved work experience, or cooperative vocational education programs. (2) The minor has been issued a permit to work pursuant to subdivision (c) of Section 49112 and is employed in accordance with the provisions of that permit. (c) If evidence is shown, to the satisfaction of the authority issuing the permit to work, that the schoolwork or the health of the minor is being impaired by the employment, that authority may revoke the permit. (d) Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. (Amended by Stats. 1995, Ch. 887, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49117. Source version: id_d72da227-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. All permits to work or to employ, all certificates of age, and certificates of health pursuant to this chapter, shall be issued on forms prepared and provided by the Superintendent of Public Instruction. Local school districts authorized to issue permits to work may be authorized by the Superintendent of Public Instruction to produce permits to work. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49118. Source version: id_d72da229-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. Permits to work issued during the school year shall expire five days after the opening of the next succeeding school year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49119. Source version: id_d72da22b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. Nothing in this article shall require a minor to obtain a permit to work in order for such minor to participate in horseback riding exhibitions, contests or events specified in paragraph (3) of subdivision (b) of Section 1308 of the Labor Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 2. Permits to Work [49110 - 49120] SECTION 49120. Source version: id_106696bf-fcbc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=2. A work permit shall not be denied on the basis of a pupil’s grades, grade point average, or school attendance if the pupil is applying for the work permit in order to participate in a government-administered employment and training program that will occur during the regular summer recess or vacation of the school that the pupil attends. (Added by Stats. 2018, Ch. 420, Sec. 1. (SB 1428) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 3. Permits to Work Full Time [49130 - 49135] SECTION 49130. Source version: id_d72f28cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=3. A permit to work full time may be issued to a minor under the age of 16 years and over the age of 14 years who holds a diploma of graduation from the prescribed elementary school course under both of the following circumstances: (a) The permit expires not later than the end of the current school year. (b) Any of the following conditions: (1) The parent or guardian of the minor child presents a sworn statement that the parent or guardian of the minor is incapacitated for labor through illness or injury, or that through the death or desertion of the father or mother of the minor, the family is in need of the earnings of the minor and that sufficient aid cannot be secured in any other manner. (2) The minor is unable to reside with his or her family and the earnings of the minor are necessary for the support of the minor. (3) The minor is residing with a foster care provider, or guardian receiving foster care funds for the minor, if the provider or guardian obtains written authorization from the minor’s social worker, probation officer, or child protective services worker acting as an officer of the court. A permit may be issued to a minor who is subject to this paragraph only if the child’s case plan documents that the purpose of the employment is to further the goal of emancipation pursuant to Part 6 (commencing with Section 7000) of Division 11 of the Family Code, or to enable the minor to gain knowledge of necessary work skills and work habits, and of the responsibilities related to maintaining employment. The person issuing the permit shall sign a statement that he or she, or a competent person designated by him or her, has investigated the conditions under which the application for the permit has been made and has found that, in his or her judgment, the earnings of the minor are necessary for the family to support the minor or that the earnings of the minor are necessary to support the minor and that sufficient aid cannot be secured in any other manner. Before issuing a work permit to a minor who is subject to paragraph (3) of subdivision (b), the person issuing the permit shall sign a statement that he or she has received authorization from the minor’s social worker, probation officer, or child protective services worker. A minor who applies for a work permit pursuant to this section shall be duly enrolled in a work experience education program. (Amended by Stats. 1994, Ch. 257, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 3. Permits to Work Full Time [49130 - 49135] SECTION 49131. Source version: id_d72f28d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=3. Notwithstanding Section 49130, 49132, or 49134 or subdivision (d) of Section 49133, a permit to work full time may be issued to a minor over the age of 16 and under the age of 18. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 3. Permits to Work Full Time [49130 - 49135] SECTION 49132. Source version: id_a32a257e-f764-11ea-ba1b-ed516f9ea407 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=3. (a) A permit shall not be issued until the minor accompanied by the minor’s parent or guardian appears before the person authorized to issue the permit and submits the minor’s application thereto. (b) A permit shall not be denied for noncompliance with subdivision (a) if all of the following apply: (1) The minor’s school is physically closed for an extended period of time because of a natural disaster, pandemic, or other emergency. (2) The minor’s application is complete and has been successfully submitted electronically. (3) The minor, accompanied by the minor’s parent or guardian, has attended a video conference with the person issuing the work permit. (c) This section shall apply only to minors subject to Section 49130. (Amended by Stats. 2020, Ch. 64, Sec. 2. (AB 908) Effective September 11, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 3. Permits to Work Full Time [49130 - 49135] SECTION 49133. Source version: id_d730af75-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=3. No permit shall be issued until the issuing authority has received, examined, approved, and filed, the following papers duly executed: (a) The school record of the minor giving age, grade, and attendance for the current term signed by the principal or teacher. (b) Evidence of age, such as the school record of enrollment, or a certificate of birth, or a baptism certificate duly attested, or a passport, or affidavit of the parent, guardian, or custodian of the minor, such as shall convince the officer that the minor is of the age required by law. (c) The written statement from a prospective employer that work is waiting for the minor and describing the nature of the work. (d) A certificate signed by a physician appointed by the school board, or by other public medical officer, stating that the minor has been thoroughly examined by him, and, in his opinion, is physically fit to pursue the work specified. No fee shall be charged the minor for the physical certificate. This section shall be applicable only to minors subject to Section 49130. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 3. Permits to Work Full Time [49130 - 49135] SECTION 49134. Source version: id_d730af77-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=3. The parent, guardian, or custodian accompanying the minor shall make oath that his statement of the name, address, birthplace, and age of the minor as entered upon the application for the permit to work are true and correct to the best of his knowledge and belief. This section shall be applicable only to minors subject to Section 49130. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 3. Permits to Work Full Time [49130 - 49135] SECTION 49135. Source version: id_d730af79-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=3. The authority issuing any permit to work full time shall immediately notify, in writing, the person in charge of the organization and maintenance of part-time continuation classes of the place of the minor’s prospective employment, and the parent or guardian of the minor shall send the minor to the classes designated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 4. Exceptions [49140 - 49141] SECTION 49140. Source version: id_d732361d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=4. Every owner, tenant, or operator of a farm employing thereon as agricultural labor any parent or guardian having minor children in his immediate care and custody shall post at a conspicuous place on the property or place of employment where it may be easily read by those employed, a notice stating that minor children are not allowed to work upon the premises unless legally permitted to do so by law and unless permits to work have been secured by the minor children from duly constituted authorities. All such notices shall be printed in both the English and Spanish languages. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 4. Exceptions [49140 - 49141] SECTION 49141. Source version: id_d732361f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=4. In order that children may be disciplined and trained in habits of work and industry by their parents, guardians, or other persons standing in the place of parents, nothing in this chapter shall require a permit to work to be issued to any minor or require a permit to employ to be issued to the parent or guardian when the work or intended work to be performed by the minor is for or under the control of his parent or guardian and is performed upon or in connection with the premises owned, operated, or controlled by the parent or guardian. Nothing in this section shall be held to affect existing provisions of law which require permits to work to be issued to minors employed in manufacturing, mercantile, or similar commercial enterprises by their parents or guardians, or to do work which is otherwise forbidden by Section 1294, 1296, or 1308.5 of the Labor Code. All other provisions of law relating to compulsory education shall be effective as to the minor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 5. Compliance [49151- 49151.] SECTION 49151. Source version: id_d7323623-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=5. Nothing in this chapter shall be construed to repeal or in any way modify the provisions of Sections 1298, 1390, 1394, 1396, and 1397 of the Labor Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 6. Duties of Employer [49160 - 49165] SECTION 49160. Source version: id_d733bcc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=6. No person, firm or corporation shall employ, suffer, or permit any minor under the age of 18 years to work in or in connection with any establishment or occupation except as provided in Section 49151 without a permit to employ, issued by the proper educational officers in accordance with law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 6. Duties of Employer [49160 - 49165] SECTION 49161. Source version: id_d733bcc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=6. Every person, firm, corporation, or agent or officer of a firm or corporation, employing minors under the age of 18 years shall keep on file all permits to employ minors under the age of 18 years during the term of the employment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 6. Duties of Employer [49160 - 49165] SECTION 49162. Source version: id_d733bccb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=6. The employer of any minor subject to this chapter shall send to the officer authorized to issue the permit to work a written notification of intent to employ a minor. The form of the intent to employ a minor shall be prescribed by the Department of Education and shall be furnished to the employer by the officer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 6. Duties of Employer [49160 - 49165] SECTION 49163. Source version: id_d733bccd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=6. The notification of intent to employ a minor shall contain: (a) The name, address, phone number, and social security number of the minor. (b) The name, address, phone number, and supervisor at the minor’s place of employment. (c) The kind of work the minor will perform. (d) The maximum number of hours per day and per week the student will be expected to work for the employer. (e) The signatures of the parent or guardian, of the minor, and of the employer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 6. Duties of Employer [49160 - 49165] SECTION 49164. Source version: id_d733bccf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=6. Permits to work and to employ and certificates of age shall always be open to inspection by supervisors of attendance, probation officers, designees of the Labor Commissioner, and by officers of the Superintendent of Public Instruction. Every permit to work or to employ and every certificate of age shall be subject to cancellation at any time by the Superintendent of Public Instruction, the Labor Commissioner, or by the person issuing the permit or certificate whenever any person authorized to inspect such permits and certificates finds that the conditions for the legal issuance of the permit or certificate of age do not exist or did not exist at the time the permit or certificate was issued. A permit to work shall be revoked by the issuing authority when he is satisfied that the employment of the minor is impairing the health or education of the minor, or that any provision or condition of the permit is being violated, or that the minor is performing work in violation of any provision of law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 6. Duties of Employer [49160 - 49165] SECTION 49165. Source version: id_d733bcd1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=6. Nothing in this article shall require a person to obtain a permit to employ in order for a minor to participate in horseback riding exhibitions, contests or events specified in paragraph (3) of subdivision (b) of Section 1308 of the Labor Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 7. Violations [49180 - 49183] SECTION 49180. Source version: id_001e2d11-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=7. If upon inspection or investigation a supervisor of attendance, probation officer, or officer of the Superintendent determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, the Superintendent shall report the violation to the Labor Commissioner. The report shall be made within 48 hours, and shall be in writing, setting forth the fact that the Superintendent has good cause to believe that a statutory provision or rule or regulation is being violated by the person. Upon receipt of the report of violation, the Director of Industrial Relations shall make an inspection or investigation of the violation and shall take action as provided in Section 1287 of the Labor Code. (Amended by Stats. 2021, Ch. 666, Sec. 42. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 7. Violations [49180 - 49183] SECTION 49181. Source version: id_d7354377-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=7. Failure to produce a permit to work is prima facie evidence of the illegal employment of any minor whose permit to work is not produced. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 7. Violations [49180 - 49183] SECTION 49182. Source version: id_d7354379-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=7. Any person, firm, corporation, or agent or officer of a firm or corporation, that violates or omits to comply with any of the provisions of this chapter, or that employs or suffers any minor under 18 years of age who is too old to be subject to compulsory full-time school attendance to be employed in violation thereof, is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100), nor more than four hundred dollars ($400), or by imprisonment in the county jail for not more than 60 days, or by both such fine and imprisonment for each and every offense. (Amended by Stats. 1983, Ch. 1092, Sec. 87. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 7. Violations [49180 - 49183] SECTION 49183. Source version: id_d736ca1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=7. Every person authorized to sign any certificate of age or any permit to work or to employ which allows employment of any minor during or outside school hours, during a vacation of the public schools, or upon the regular school holiday who knowingly certifies to any false statement therein, is guilty of a misdemeanor, and is punishable by a fine of not less than ten dollars ($10) or more than one hundred dollars ($100), or imprisonment for not more than 30 days, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 88. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 7. Employment of Minors [49100 - 49200] ARTICLE 8. Permit to Work during Extended Emergency School Closure [49200- 49200.] SECTION 49200. Source version: id_8322d60a-f764-11ea-ba1b-ed516f9ea407 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=7.&article=8. (a) Documentation required pursuant to this chapter, including signatures, may be collected electronically during an extended school closure due to a natural disaster, pandemic, or other emergency. (b) A work permit shall not be denied based on a pupil’s grades, grade point average, or school attendance when the pupil’s school has been physically closed for an extended time due to a natural disaster, pandemic, or other emergency. (Added by Stats. 2020, Ch. 64, Sec. 3. (AB 908) Effective September 11, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 1. School Safety Patrols [49300 - 49307] SECTION 49300. Source version: id_d736ca21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=1. The governing board of any school district may, subject to such rules and regulations as shall be adopted by the State Board of Education, establish and maintain a school safety patrol in any of the schools of the district for the purpose of assisting school pupils in safely crossing streets and highways adjacent to or near such school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 1. School Safety Patrols [49300 - 49307] SECTION 49301. Source version: id_d73850c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=1. A school safety patrol established in any school as herein provided shall be composed of pupils attending in such school. The members of the patrol shall be under the supervision and control of a qualified employee of the district designated by the board, except as otherwise provided in Sections 1299, 49472 to 49473, inclusive, 49510 to 49517, inclusive, Article 1 (commencing with Section 49400) to Article 5 (commencing with Section 49470), inclusive, Article 8 (commencing with Section 49500) of Chapter 9 of this part, and this article. The provisions of this section shall not, however, be deemed to require the physical presence of such employee at any particular street or highway location where any such school safety patrol is functioning. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 1. School Safety Patrols [49300 - 49307] SECTION 49302. Source version: id_d73850c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=1. The pupils who serve as members of a school safety patrol shall be designated by the principal of the school in which the patrol is established, but no pupil shall be designated to serve on any patrol unless the pupil and the person having legal custody of such pupil consent, in writing, thereto. Upon the revocation, in writing, of the consent of either such pupil or such person, the pupil shall cease to be a member of the patrol. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 1. School Safety Patrols [49300 - 49307] SECTION 49303. Source version: id_d73850c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=1. The State Board of Education is hereby authorized to adopt all rules and regulations necessary to effect the purposes of this act, and the governing board of each school district is hereby authorized to adopt additional rules and regulations not inconsistent therewith governing school safety patrols established under its jurisdiction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 1. School Safety Patrols [49300 - 49307] SECTION 49304. Source version: id_d73850c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=1. The members of a school safety patrol established hereunder shall be authorized and required only to give traffic signals and directions in order to assist school pupils in safely crossing streets and highways. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 1. School Safety Patrols [49300 - 49307] SECTION 49305. Source version: id_d73850cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=1. The chief of police in each city, and the Commissioner of the California Highway Patrol in unincorporated territory, may upon the request of the governing board of any school district, cooperate in the establishment, supervision and control of a school safety patrol to such extent as may be agreed upon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 1. School Safety Patrols [49300 - 49307] SECTION 49306. Source version: id_d73850cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=1. The governing board of a school district which authorizes the establishment of a school safety patrol may provide for adequate hospital and medical attention to care for any injury or disability that may be suffered by any pupil while performing any act within and arising out of his duties as a member of a school safety patrol provided, however, that no pupil shall be compelled to accept such services if his parent or guardian objects. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 1. School Safety Patrols [49300 - 49307] SECTION 49307. Source version: id_d73850cf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=1. Any person who shall disregard any traffic signal or direction given by a member of a school safety patrol, shall be guilty of an infraction and subject to the penalties provided in subdivision (a) of Section 42001 of the Vehicle Code. (Amended by Stats. 1978, Ch. 626.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 2. Basic Work Station [49320- 49320.] SECTION 49320. Source version: id_d739d773-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=2. A basic work station in industrial education is defined as an assigned location where a student normally spends the majority of his class time performing the operational functions necessary to meet the performance objectives and goals of the course, including industrial safety education. For these purposes, the number of students in any industrial education facility or laboratory in elementary and secondary programs shall not exceed the number of basic work stations designed for the number of students assigned, as determined by the local governing board of the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 3. Injurious Objects [49330 - 49335] SECTION 49330. Source version: id_ae3c758b-3183-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=3. (a) (1) As used in this article “injurious object” shall mean those objects specified in the following sections: (A) Section 16250 of the Penal Code. (B) Subdivisions (a) to (d), inclusive of Section 16520 of the Penal Code. (C) Section 16590 of the Penal Code. (D) Section 16880 of the Penal Code. (E) Section 17235 of the Penal Code. (F) Section 17240 of the Penal Code. (G) Section 17250 of the Penal Code. (2) As used in this article, “injurious object” shall also mean objects capable of inflicting substantial bodily damage, not necessary for the academic purpose of the pupil. (b) As used in this section, “academic purpose” means any school sponsored activity or class of instruction scheduled during the schoolday. (c) “Injurious object” does not include any personal possessions or items of apparel which a schoolage child reasonably may be expected either to have in his or her possession or to wear. (Amended by Stats. 2011, Ch. 285, Sec. 5. (AB 1402) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 3. Injurious Objects [49330 - 49335] SECTION 49331. Source version: id_d739d779-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=3. Any certificated employee of any school district and any classified employee of a school district who is designated by the governing board for such purposes may take from the personal possession of any pupil upon school premises or while under the authority of school personnel any injurious object in the possession of the pupil. (Added by Stats. 1979, Ch. 210.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 3. Injurious Objects [49330 - 49335] SECTION 49332. Source version: id_d739d77b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=3. The parent or guardian of a pupil from whom an injurious object has been taken pursuant to this section may be notified by school personnel of the taking. School personnel may retain protective possession of any injurious object taken pursuant to this section until the risk of its use as a weapon has dissipated, unless prior to dissipation of the risk, the parent or guardian requests that the school personnel retain the object, in which case, the school personnel shall retain the object until the parent or guardian or another adult with the written consent of the parent or guardian appears personally to take possession of the injurious object from the school personnel. (Added by Stats. 1979, Ch. 210.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 3. Injurious Objects [49330 - 49335] SECTION 49333. Source version: id_d73b5e1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=3. Notwithstanding Section 49332, a pupil who brings an injurious object to school, and who presents the object to a certificated or classified employee, may have the object returned to him or her at the conclusion of the school day, provided such injurious object may be lawfully possessed off school grounds. (Added by Stats. 1979, Ch. 210.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 3. Injurious Objects [49330 - 49335] SECTION 49334. Source version: id_d73b5e1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=3. If a school employee initially notifies a law enforcement agency regarding a student or adult who possesses an injurious object while upon school premises or while under the authority of school personnel, the employee may not be subject to any civil or administrative proceeding, including any disciplinary action, for violation of any local policy or procedure relating to the notification of a law enforcement agency. The employee shall conform to locally adopted procedures after exercising his or her personal option to notify a law enforcement agency. (Added by Stats. 1986, Ch. 469, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 3. Injurious Objects [49330 - 49335] SECTION 49335. Source version: id_d73b5e21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=3. On or before April 1, 2001, the Superintendent of Public Instruction shall adopt a system that will shield the identity and provide protection to pupils who report the presence of injurious objects on school campuses that offer instruction in kindergarten and any of grades 1 to 12, inclusive. (Added by Stats. 2000, Ch. 265, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 4. Hazardous Materials Education [49340 - 49341] SECTION 49340. Source version: id_d73ce4c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=4. This article shall be known and may be cited as the California Hazardous Materials Education Act of 1982. (Added by Stats. 1982, Ch. 785, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 4. Hazardous Materials Education [49340 - 49341] SECTION 49341. Source version: id_2d7e5d67-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=4. The Legislature hereby finds and declares as follows: (a) Because school science laboratories pose a potentially serious threat to the health and safety of school pupils and school personnel due to the use and storage of hazardous materials in these laboratories, educational efforts are needed to increase the awareness of persons dealing with these materials in these settings so that possible losses of life, injuries, losses of property, and social disruption, which could result from the improper and unsafe use of hazardous materials, will be minimized. (b) Effective safety in school laboratories requires informed judgment, decisionmaking, and operating procedures by those responsible for laboratory and related instruction. It is desirable that each high school and junior high, middle, or elementary school offering laboratory work have a trained member of the professional staff who is designated as the building laboratory consultant and who is responsible for the review, updating, and carrying out of the school’s adopted procedures for laboratory safety. (c) Efforts by state and local agencies to implement training programs designed to provide qualified individuals with the necessary information, organizational skills, and materials to assist schools and teachers in the development of their laboratory safety policies and procedures are nonexistent or inadequate, and it is necessary that this situation be remedied. The state should assume leadership through the policy and guidance of the State Department of Education in the development, support, and implementation of a statewide training program. (d) The Legislature requests that the State Department of Education consider making this program a part of the department’s energy and environmental education program that is conducted pursuant to Chapter 4 (commencing with Section 8700) of Part 6. (Amended by Stats. 2005, Ch. 22, Sec. 41. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 6. Reporting of Missing Children [49370- 49370.] SECTION 49370. Source version: id_d73ff21b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=6. The Legislature hereby declares its intent in enacting this article to require that specified persons, including school teachers, school administrators, school aides, school playground workers, and school bus drivers, report missing children to a law enforcement agency in a timely manner, in order to provide those children a necessary level of protection when they are at serious risk. (Added by Stats. 1999, Ch. 1013, Sec. 3. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 7. Sexual Abuse and Sex Trafficking Prevention [49380 - 49381] SECTION 49380. Source version: id_efaad2d2-8986-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=7. (a) A school district is encouraged to collaborate with outside consultants, including law enforcement, with expertise in sexual abuse and sex trafficking prevention education in order to create a school safety plan to address the threat of sexual abuse and sex trafficking. (b) A school district is encouraged to collaborate with law enforcement on a referral protocol for high-risk pupils and minors. (c) In-service training may be conducted periodically to enable school district personnel to learn about new developments in the understanding of sexual abuse and sex trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of sexual abuse and sex trafficking of pupils and minors. (Added by Stats. 2014, Ch. 713, Sec. 2. (SB 1165) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 7. Sexual Abuse and Sex Trafficking Prevention [49380 - 49381] SECTION 49381. Source version: id_48abf431-fcbc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=7. (a) The governing board of a school district and the governing body of a charter school shall work with their schools that maintain any of grades 6 to 12, inclusive, to identify the most appropriate methods of informing parents and guardians of pupils in those grades of human trafficking prevention resources. (b) The governing board of a school district and the governing body of a charter school shall implement the methods identified pursuant to subdivision (a) in their schools that maintain any of grades 6 to 12, inclusive, by January 1, 2020. (Added by Stats. 2018, Ch. 848, Sec. 1. (SB 1104) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 8. Threats of Homicide at School [49390 - 49395] SECTION 49390. Source version: id_8cbf12a0-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=8. For purposes of this article, unless the context requires otherwise, the following definitions apply: (a) “Law enforcement” means any of the following: (1) A peace officer employed or contracted by a school, school district, or local educational agency for school safety purposes. (2) A police or security department of a local educational agency. (3) A local law enforcement agency or agencies with geographic jurisdiction over a local educational agency. (b) “Local educational agency” means a school district, county office of education, or charter school serving pupils in any of grades 6 to 12, inclusive, as part of a middle school or high school. (c) “Reasonable suspicion” means articulable facts, together with rational inferences from those facts, warranting an objective suspicion. (d) “School official” means any certificated or classified employee of a local educational agency or member of the school district governing board, county board of education, or governing body of a charter school whose official duties bring the individual in contact with pupils in any of grades 6 to 12, inclusive, as part of a middle school or high school, on a regular basis. (e) “Threat or perceived threat” means any writing or action of a pupil that creates a reasonable suspicion that the pupil is preparing to commit a homicidal act related to school or a school activity. This may include possession, use, or depictions of firearms, ammunition, shootings, or targets in association with infliction of physical harm, destruction, or death in a social media post, journal, class note, or other media associated with the pupil. It may also include a warning by a parent, pupil, or other individual. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 8. Threats of Homicide at School [49390 - 49395] SECTION 49391. Source version: id_8cbf39b2-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=8. (a) (1) On or before July 1, 2023, the department shall develop model content, in consultation with relevant local educational agencies, civil rights groups, and the Department of Justice. (2) The model content developed pursuant to paragraph (1) shall include, at a minimum, content that informs parents or guardians of California’s child access prevention laws and laws relating to the safe storage of firearms, including, but not limited to, Division 4 (commencing with Section 25000) of Title 4 of Part 6 of the Penal Code. (b) The department shall update the model content on a yearly basis as necessary to reflect any changes in law. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 8. Threats of Homicide at School [49390 - 49395] SECTION 49392. Source version: id_8cbf39b4-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=8. (a) Commencing with the 2023–24 school year, and each school year thereafter, a local educational agency serving pupils in kindergarten or any of grades 1 to 12, inclusive, shall, informed by the model content developed by the department pursuant to Section 49391, include in the annual notification pursuant to Section 48980, to the parents or guardians of pupils in kindergarten or any of grades 1 to 12, inclusive, information related to the safe storage of firearms. (b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 8. Threats of Homicide at School [49390 - 49395] SECTION 49393. Source version: id_8cbf39b6-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=8. (a) A school official who is alerted to or observes any threat or perceived threat, as described in subdivision (e) of Section 49390, shall immediately report the threat or perceived threat to law enforcement. The report shall include copies of any documentary or other evidence associated with the threat or perceived threat. (b) When two or more school officials jointly have an obligation to report pursuant to subdivision (a), and when there is agreement among them, the report required by this section may be made by any of them in a single report. A school official who has knowledge that the designated reporting school official has failed to make the single report shall thereafter make the report. (c) Law enforcement shall keep a record of any report received pursuant to this section. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 8. Threats of Homicide at School [49390 - 49395] SECTION 49394. Source version: id_8cbf39b8-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=8. (a) Upon the notification described in Section 49393, the local law enforcement agency or the schoolsite police, as described in paragraphs (1) and (2) of subdivision (a) of Section 49390, as appropriate, with the support of the local educational agency, shall immediately conduct an investigation and assessment of any threat or perceived threat described in subdivision (e) of Section 49390. (b) The investigation and threat assessment under subdivision (a) shall include a review of the firearm registry of the Department of Justice. (c) The investigation and threat assessment under subdivision (a) shall include a search conducted at the schoolsite, only if the search is justified by a reasonable suspicion that it would produce evidence related to the threat or perceived threat. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 8. Pupil Safety [49300 - 49395] ARTICLE 8. Threats of Homicide at School [49390 - 49395] SECTION 49395. Source version: id_8cbf39ba-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=8.&article=8. A local educational agency serving pupils in kindergarten or any of grades 1 to 12, inclusive, and a school of a local educational agency, is immune from civil liability for any damages allegedly caused by, arising out of, or relating to the requirements of this article. (Added by Stats. 2022, Ch. 144, Sec. 1. (SB 906) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49400. Source version: id_d74178c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. The governing board of any school district shall give diligent care to the health and physical development of pupils, and may employ properly certified persons for the work. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49401.5. Source version: id_d74178c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) It is the intent of the Legislature in enacting this section to express its concern for the health and safety of school pupils and school personnel at schools where hazardous materials are stored on the school premises, and to encourage school districts to take steps to ensure hazardous materials are properly used and stored. (b) The governing board of any school district may request consultation services from the California Occupational Safety and Health Consultation Service to ensure hazardous materials are being used and stored safely in school laboratories. (Added by Stats. 1982, Ch. 785, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49402. Source version: id_d74178c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. Contracts between any city, county, or local health district and the governing board of any school district located wholly or partially within such city, county, or local health district for the performance by the health officers or other employees of the health department of such city, county, or local health district of any or all of the functions and duties set forth in this chapter, Section 49404, and in Article 1 (commencing with Section 49300) of Chapter 8 of this part relating to health supervision of school buildings and pupils are hereby authorized. In any such contracts the consideration shall be such as may be agreed upon by the governing board and the city, county, or local health district and shall be paid by the governing board at such times as shall be specified in the contract. This section shall not apply to any district which is under the control of a governing board which has under its control a district or districts having a total average daily attendance of 100,000 or more pupils. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49403. Source version: id_7f3ddda9-b276-11df-aed0-eb7ab4ffcc79 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) Notwithstanding any other law, the governing board of a school district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in schoolage children. For that purpose, the board may use any funds, property, and personnel of the district, and may permit a licensed physician and surgeon, or a health care practitioner listed in subdivision (b) who is acting under the direction of a supervising physician and surgeon, to administer an immunizing agent to a pupil whose parent or guardian has consented in writing to the administration of the immunizing agent. (b) (1) The following health care practitioners, acting under the direction of a supervising physician and surgeon, may administer an immunizing agent within the course of a school immunization program: (A) A physician assistant. (B) A nurse practitioner. (C) A registered nurse. (D) A licensed vocational nurse. (E) A nursing student who is acting under the supervision of a registered nurse, in accordance with applicable provisions of law. (2) A health care practitioner’s authority to administer an immunizing agent pursuant to this subdivision is subject to the following conditions: (A) The administration of an immunizing agent is upon the standing orders of a supervising physician and surgeon and in accordance with any written regulations that the State Department of Public Health may adopt. (B) The school nurse is notified and he or she maintains control, as necessary, as supervisor of health in accordance with Sections 44871, 44877, 49422, and subdivision (a) of Section 49426. (C) The health care practitioner may only administer immunizations for the prevention and control of any of the following: (i) Annual seasonal influenza. (ii) Influenza pandemic episodes. (iii) Other diseases that represent a current or potential outbreak as declared by a federal, state, or local public health officer. (c) As used in this section, “supervising physician and surgeon” means the physician and surgeon of the local health department or school district that is directing the school immunization program. (d) While nothing in this section shall be construed to require the physical presence of the supervising physician and surgeon, the supervising physician and surgeon shall require a health care practitioner under his or her direction to do both of the following: (1) Satisfactorily demonstrate competence in the administration of the immunizing agent, including knowledge of all indications and contraindications for the administration of the agent, and the recognition and treatment of emergency reactions to the agent that constitute a danger to the health or life of the person receiving the immunization. (2) Possess the medications and equipment that are required, in the medical judgment of the supervising physician and surgeon, to treat any emergency conditions and reactions caused by the immunizing agents that constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer the medications and use the equipment as necessary. (e) It is the intent of the Legislature to encourage school-based immunization programs, when feasible, to use the California Immunization Registry to assist providers to track patient records, reduce missed opportunities, and to help fully immunize all children in California. (Amended by Stats. 2010, Ch. 203, Sec. 1. (AB 1937) Effective August 27, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49405. Source version: id_d742ff69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. The control of smallpox is under the direction of the State Department of Health Services, and no rule or regulation on the subject of vaccination shall be adopted by school or local health authorities. (Amended by Stats. 1981, Ch. 714, Sec. 93.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49406. Source version: id_c1270f7f-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) (1) (A) Except as provided in subdivision (j), a person shall not be initially employed by a school district, or employed under contract, in a certificated or classified position unless the person has submitted to a tuberculosis risk assessment within the past 60 days, and, if tuberculosis risk factors are identified, has been examined to determine that the person is free of infectious tuberculosis by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a nurse practitioner practicing in compliance with Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code. If no risk factors are identified, an examination is not required. A person who is subject to the requirements of this subdivision may submit to an examination that complies with subparagraph (B) instead of submitting to a tuberculosis risk assessment. (B) The examination required by this subdivision shall consist of either an approved intradermal tuberculin test or any other test for tuberculosis infection that is recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA). If the test is positive, the test shall be followed by an X-ray of the lungs in accordance with subdivision (f) of Section 120115 of the Health and Safety Code. (2) The X-ray may be taken by a competent and qualified X-ray technician if the X-ray is subsequently interpreted by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (3) The district superintendent of schools or their designee may exempt, for a period not to exceed 60 days following termination of the pregnancy, a pregnant employee from the requirement that a positive test for tuberculosis infection be followed by an X-ray of the lungs. (b) Thereafter, an employee who has no identified risk factors or who tests negative for the tuberculosis infection shall be required to undergo the tuberculosis risk assessment and, if risk factors are identified, the examination, at least once every four years or more often if directed by the governing board of the school district upon recommendation of the local health officer. Once an employee has a documented positive test for tuberculosis infection conducted pursuant to this subdivision that has been followed by an X-ray, the tuberculosis risk assessment is no longer required. A referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for followup care. (c) After the tuberculosis risk assessment and, if indicated, the examination, the employee shall file with the district superintendent of schools a certificate from the examining physician and surgeon, physician assistant, or nurse practitioner showing the employee was examined and found free from infectious tuberculosis. The county board of education may require, by rule, that the certificates be filed in the office of the county superintendent of schools or maintained in the office of the county superintendent of schools if a majority of the governing boards of the school districts within the county petition the county board of education. A school district, or school districts with a common governing board, having an average daily attendance of 60,000 or more may elect to maintain the files for its employees in that school district. (d) As used in this section, “certificate” means a certificate signed by the examining physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a nurse practitioner practicing in compliance with Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, or a notice from a public health agency that indicates freedom from infectious tuberculosis. The latter, regardless of form, shall constitute evidence of compliance with this section. (e) Nothing in this section shall prevent the governing board of a school district, upon recommendation of the local health officer, from establishing a rule requiring a more extensive or more frequent physical examination than required by this section. The rule shall provide for reimbursement on the same basis as required in this section. (f) The tuberculosis risk assessment and, if indicated, the examination is a condition of initial employment and the expense shall be borne by the applicant unless otherwise provided by rules of the governing board of the school district. However, the governing board of a school district may, if an applicant is accepted for employment, reimburse that person in a like manner prescribed in this section for employees. (g) The governing board of a school district shall reimburse the employee for the cost, if any, of the tuberculosis risk assessment and the examination. The governing board of a school district may provide for the tuberculosis risk assessment and examination required by this section or may establish a reasonable fee for the examination that is reimbursable to employees of the school district complying with this section. (h) At the discretion of the governing board of a school district, this section shall not apply to those employees not requiring certification qualifications who are employed for any period of time less than a school year whose functions do not require frequent or prolonged contact with pupils. (i) If the governing board of a school district determines by resolution, after hearing, that the health of pupils in the school district would not be jeopardized, this section shall not apply to an employee of the school district who files an affidavit stating that the employee adheres to the faith or teachings of a well-recognized religious sect, denomination, or organization and, in accordance with its creed, tenets, or principles, depends for healing upon prayer in the practice of religion, and that to the best of the employee’s knowledge and belief, the employee is free from infectious tuberculosis. If at any time there is probable cause to believe that the affiant is afflicted with infectious tuberculosis, the employee may be excluded from service until the governing board of the school district is satisfied that the employee is not afflicted. (j) A person who transfers employment from one school or school district to another school or school district shall be deemed to meet the requirements of subdivision (a) if that person can produce a certificate that shows the person was found to be free of infectious tuberculosis within 60 days of initial hire, or the school previously employing the person verifies that the person has a certificate on file showing that the person is free from infectious tuberculosis. (k) A person who transfers their employment from a private or parochial elementary school, secondary school, or nursery school to a school or school district subject to this section shall be deemed to meet the requirements of subdivision (a) if that person can produce a certificate as provided for in Section 121525 of the Health and Safety Code that shows that they were found to be free of infectious tuberculosis within 60 days of initial hire, or if the school previously employing the person verifies that the person has a certificate on file showing that the person is free from infectious tuberculosis. (l) (1) A governing board, county superintendent of schools, or governing body of a charter school providing for the transportation of pupils under contract authorized by Section 39800, 39801, or any other provision of law shall require as a condition of the contract the tuberculosis risk assessment and, if indicated, the examination for infectious tuberculosis within 60 days of initial hire, as provided by subdivision (a), of all drivers transporting pupils for compensation. (2) At the discretion of the governing board, county superintendent of schools, or governing body of a charter school, paragraph (1) shall not apply to a private contracted driver who transports pupils infrequently and without prolonged contact with the pupils before July 1, 2025. (m) A volunteer in a school shall also be required to have on file with the school a certificate showing that, upon initial volunteer assignment, the person submitted to a tuberculosis risk assessment and, if tuberculosis risk factors were identified, was examined and found to be free of infectious tuberculosis. If no risk factors are identified, an examination is not required. At the discretion of the governing board of a school district, this section shall not apply to a volunteer whose functions do not require frequent or prolonged contact with pupils. (n) The State Department of Public Health, in consultation with the California Tuberculosis Controllers Association, shall develop a risk assessment questionnaire, to be used to conduct tuberculosis risk assessments pursuant to this section. The risk assessment questionnaire shall be administered by a health care provider, which shall be specified on the questionnaire. This risk assessment questionnaire shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2023, Ch. 380, Sec. 3. (SB 88) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49407. Source version: id_d742ff6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. Notwithstanding any provision of any law, no school district, officer of any school district, school principal, physician, or hospital treating any child enrolled in any school in any district shall be held liable for the reasonable treatment of a child without the consent of a parent or guardian of the child when the child is ill or injured during regular school hours, requires reasonable medical treatment, and the parent or guardian cannot be reached, unless the parent or guardian has previously filed with the school district a written objection to any medical treatment other than first aid. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49408. Source version: id_d742ff6f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. For the protection of a pupil’s health and welfare, the governing board of a school district may require the parent or legal guardian of a pupil to keep current at the pupil’s school of attendance, emergency information including the home address and telephone number, business address and telephone number of the parents or guardian, and the name, address and telephone number of a relative or friend who is authorized to care for the pupil in any emergency situation if the parent or legal guardian cannot be reached. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49409. Source version: id_d7448611-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. Notwithstanding any provision of any law, no physician and surgeon who in good faith and without compensation renders voluntary emergency medical assistance to a participant in a school athletic event or contest at the site thereof, or during transportation to a health care facility, for an injury suffered in the course of the event or contest, shall be liable for any civil damages as a result of any acts or omissions by the physician and surgeon in rendering the emergency medical care. The immunity granted by this paragraph shall not apply in the event of an act or omission constituting gross negligence. (Added by Stats. 1978, Ch. 547.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49410. Source version: id_d7448613-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) The Legislature finds that: (1) There is substantial scientific and medical evidence that human exposure to asbestos fibers significantly increases the likelihood of contracting cancer and other debilitating or fatal diseases such as asbestosis. (2) Medical and epidemiological evidence suggests that children exposed to asbestos fibers may be especially susceptible to the environmentally induced diseases associated with the exposure. (3) Substantial amounts of asbestos materials were used in school construction during the period from 1946 through 1973 for fireproofing, soundproofing, decoration, and other purposes. (4) When these materials age, deteriorate, or become damaged or friable, they release asbestos fibers into the ambient air. This can result in the exposure of school children and school employees to potentially dangerous levels of asbestos fibers. (5) The presence of asbestos in the air in concentrations far exceeding the normal ambient levels has been found in schools, especially where the asbestos materials have reached a damaged, deteriorated, or disturbed state as a result of abuse, abrasion, water leakage, or forced air circulation. (6) In view of the fact that the State of California has compulsory attendance laws for children of school age, and these children must be educated in a safe and healthy environment, the hazard presented by asbestos materials in the schools is of special concern to the Legislature. (b) As a result of the findings in subdivision (a), it is the intent of the Legislature to provide for the safe and expeditious containment or removal of asbestos materials posing a hazard to health in schools. (c) As used in this section and Sections 49410.2 and 49410.5, the following terms have the following meanings: (1) “Asbestos” means naturally occurring hydrated mineral silicates separable into commercially used fibers: specifically chrysotile, amosite, crocidolite, tremolite, anthrophyllite, and actinolite. (2) “Asbestos materials” means materials formed by mixing asbestos fibers with other products, including, but not limited to, rock wool, plaster, cellulose, clay, vermiculite, perlite, and a variety of adhesives. Some of these materials may be sprayed on surfaces or applied to surfaces in the form of plaster or a textured paint. (3) “Hazard to health” means that the asbestos material is loose, friable, flaking, or dusting, or is likely to become so within the service life of the material in place. (Repealed and added by Stats. 1984, Ch. 1751, Sec. 7. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49410.2. Source version: id_d7448615-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. School districts and county offices of education may apply to the State Allocation Board pursuant to Section 39619.6 for funds for the purposes of containment or removal of asbestos materials posing a hazard to health. (Added by Stats. 1984, Ch. 1751, Sec. 8. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49410.5. Source version: id_d7448617-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) The State Allocation Board shall retain all information provided by school districts making application for funds pursuant to Sections 39619.6, 39619.7, and 39619.8 regarding the actual or estimated cost of inspection and testing for, and encapsulation or removal of, asbestos. (b) The Legislature finds and declares that: (1) Federal moneys may be made available to reimburse schools for costs related to asbestos inspection, testing, encapsulation, and removal, and that the distribution of these moneys will be expedited by the early collection of these data. (2) School districts shall comply with guidelines suggested by the Environmental Protection Agency for the purposes of inspection and testing for asbestos materials, and for the protection and safety of workers and all other individuals during the encapsulation and removal of asbestos. (Added by Stats. 1984, Ch. 1751, Sec. 9. Effective September 30, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49410.7. Source version: id_d7448619-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) For purposes of funding pursuant to Section 39619.9, the factors determining the need for abatement of friable asbestos or potentially friable asbestos shall include, but not be limited to, visual inspection and bulk samples and air monitoring showing an airborne concentration of asbestos in the school building in excess of the standard 0.01 fibers/cc by Transmission Electron Microscopy (TEM) monitoring, as specified in subdivision (b), or the concurrently measured concentration of asbestos in the ambient air immediately adjacent to the building, whichever is higher. For purposes of reconstruction and rehabilitation projects approved pursuant to Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code, for which asbestos abatement related work commenced on or after October 2, 1985, and for purposes of abating asbestos contained in pipe and block insulation, air monitoring shall not be required to determine the need for abatement of friable asbestos or potentially friable asbestos. (b) For purposes of air monitoring, the operating agency for each public school building in which friable asbestos-containing materials (other than pipe and block insulation or materials to be abated during rehabilitation or reconstruction projects as specified in subdivision (a)) have been identified shall monitor airborne asbestos levels in each sampling area. Each sampling area in which asbestos-containing materials have been identified shall be monitored for at least eight hours during a period of normal building activity. Analysis of samples shall be by Transmission Electron Microscopy (TEM) methods, in accordance with the Environmental Protection Agency provisional method and update, to measure the number of observable asbestos fibers. The results of this monitoring shall be recorded in terms of the number of visible fibers greater than 1 micron in length per cubic centimeter of air (f/cc) in accord with standard definitions for asbestos monitoring established by the Occupational Safety and Health Administration. “Sampling area,” as used in this section, means any area, whether contiguous or not, within a building that contains friable material that is homogenous in texture and appearance. (c) Any public primary or secondary school building in which asbestos abatement work has been performed shall not be reoccupied until air monitoring has been conducted to show that the airborne concentration of asbestos does not exceed the air monitoring standard of subdivision (a). Not less than one month after the reoccupancy of the school building where asbestos abatement work has occurred, the building shall be remonitored to determine compliance with subdivision (b). (d) “School building,” as used in this section, means any of the following: (1) Structures used for the instruction of public school children, including classrooms, laboratories, libraries, research facilities, and administrative facilities. (2) School eating facilities and school kitchens. (3) Gymnasiums or other facilities used for athletic or recreational activities or for courses in physical education. (4) Dormitories or other living areas of residential schools. (5) Maintenance, storage, or utility facilities essential to the operation of the facilities described in paragraphs (1) to (4). (e) School districts and county offices of education may apply for reimbursement from the Asbestos Abatement Fund for the costs of air monitoring completed pursuant to this section. (Amended by Stats. 1987, Ch. 1254, Sec. 1. Effective September 27, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49411. Source version: id_d7460cbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) The State Department of Education, in cooperation with the Division of Occupational Safety and Health within the Department of Industrial Relations, shall formulate a listing of chemical compounds used in school programs that includes the potential hazards and estimated shelf life of each compound. (b) The Superintendent of Public Instruction, in cooperation with the Division of Occupational Safety and Health within the Department of Industrial Relations, shall develop guidelines for school districts for the regular removal and disposal of all chemicals whose estimated shelf life has elapsed. (c) The county superintendent of schools may implement a system for disposing of chemicals from schools within the county or may permit school districts to arrange for the disposal of the chemicals. (Amended by Stats. 1994, Ch. 840, Sec. 23. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49412. Source version: id_d7460cbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) Except as provided in subdivision (b), counties and school districts, in the utilization of funds allocated pursuant to any appropriation from any account in the Cigarette and Tobacco Products Surtax Fund for the provision of health care to school populations, shall give initial consideration to the use of those of credentialed school nurses and school nurse practitioners employed by the school districts, to the extent those services are within the scope of practice of those nurses, and to the extent these purposes are consistent with the Tobacco Tax and Health Protection Act of 1988 and Chapter 1331 of the Statutes of 1989. (b) Subdivision (a) does not apply to funds appropriated from the Health Education Account in the Cigarette and Tobacco Products Surtax Fund, except for purposes of providing health screenings through the Child Health and Disability Prevention Screening program. (c) Any county which, after the initial consideration regarding the utilization of funds, as required by subdivision (a), elects to utilize funds to which subdivisions (a) and (b) apply for the credentialed school nurses and school nurse practitioners employed by school districts may allocate those funds to the school districts for those purposes. (Added by Stats. 1990, Ch. 51, Sec. 1. Effective April 18, 1990.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49413. Source version: id_d7460cbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) The Legislature recognizes the importance of first aid and cardiopulmonary resuscitation training. In enacting this section, it is the intent of the Legislature to encourage school districts and schools, individually or jointly, to develop a program whereby their staff and pupils understand the importance of this training and have an appropriate opportunity to develop these skills. (b) A school district or school, individually or jointly with another school district or school, may provide a comprehensive program in first aid or cardiopulmonary resuscitation (CPR) training, or both, to pupils and employees. The program shall be developed using the following guidelines: (1) The school district or school collaborates with existing local resources, including, but not limited to, parent teacher associations, hospitals, school nurses, fire departments, and other local agencies that promote safety, to make first aid or CPR training, or both, available to the pupils and employees of the school district or school. (2) Each school district that develops a program, or the school district that has jurisdiction over a school that develops a program, compiles a list of resources for first aid or CPR information, to be distributed to all of the schools in the district. (3) The first aid and CPR training are based on standards that are at least equivalent to the standards currently used by the American Red Cross or the American Heart Association. (Amended by Stats. 2001, Ch. 750, Sec. 11. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414. Source version: id_8297af24-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) Local educational agencies shall provide emergency epinephrine delivery systems, to be stored at each schoolsite, including at the location of any childcare program operated by or under contract with the local educational agency, in an accessible location upon need for emergency use, to school nurses or trained personnel who have volunteered pursuant to subdivision (d), or to childcare employees who have volunteered, received training, and are subject to liability limitations pursuant to Section 1596.7985 of the Health and Safety Code, and school nurses, trained personnel, and childcare employees may use epinephrine delivery systems to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an anaphylactic reaction. (b) For purposes of this section, the following definitions apply: (1) “Anaphylaxis” means a potentially life-threatening hypersensitivity to a substance. (A) Symptoms of anaphylaxis may include shortness of breath, wheezing, difficulty breathing, difficulty talking or swallowing, hives, itching, swelling, shock, or asthma. (B) Causes of anaphylaxis may include, but are not limited to, an insect sting, a food allergy, a drug reaction, or exercise. (2) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (3) “Childcare program” means a state or federally subsidized childcare program operated by, or under contract with, the local educational agency, including, but not limited to, a California state preschool program or Head Start program pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1, or a childcare program, including, but not limited to, general childcare and development programs pursuant to Part 1.8 (commencing with Section 10207) of Division 9 of the Welfare and Institutions Code. (4) “Epinephrine delivery system” means a disposable delivery system designed for the delivery of a premeasured dose of epinephrine into the human body to prevent or treat a life-threatening allergic reaction. (5) “Local educational agency” means a school operated by a school district, county office of education, or charter school. (6) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (7) “Volunteer” or “trained personnel” means an employee or a holder of an Activity Supervisor Clearance Certificate pursuant to subdivision (f) of Section 44258.7, who has volunteered to administer epinephrine delivery systems to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, has been designated by a school, and has received training pursuant to subdivision (d), or employees of a childcare program operated by or under contract with a local educational agency, who have volunteered, received training, and are subject to liability limitations pursuant to Section 1596.7985 of the Health and Safety Code. (c) Each private school in the state may voluntarily determine whether or not to make emergency epinephrine delivery systems and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to epinephrine delivery systems and trained personnel. A private school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. (d) Each public and private school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of an epinephrine delivery system from the school nurse or other qualified person designated by an authorizing physician and surgeon. (e) (1) Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of epinephrine delivery systems that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering epinephrine delivery systems and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, Food Allergy Research and Education, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, the Sean N. Parker Center for Allergy Research, and others. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of anaphylaxis. (B) Standards and procedures for the storage, restocking, and emergency use of epinephrine delivery systems. (C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent and physician. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (E) Instruction on how to determine which epinephrine delivery system to use, which shall include consideration of the age of the person suffering, or reasonably believed to be suffering, from an anaphylactic reaction as a guideline of equivalency for the person’s weight determination. (F) Written materials covering the information required under this subdivision. (3) Training established pursuant to this subdivision shall be consistent with the most recent Voluntary Guidelines for Managing Food Allergies In Schools and Early Care and Education Programs published by the federal Centers for Disease Control and Prevention and the most recent guidelines for medication administration issued by the department. (4) A school shall retain for reference the written materials prepared under subparagraph (F) of paragraph (2). A copy of these written materials shall be made accessible, such as through publicly posting at the location of the epinephrine delivery systems. (f) A local educational agency shall distribute a notice at least once per school year to all staff that contains the following information: (1) A description of the volunteer request stating that the request is for volunteers to be trained to administer an epinephrine delivery system to a person if the person is suffering, or reasonably believed to be suffering, from anaphylaxis, as specified in subdivision (b). (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (3) The location of the epinephrine delivery system at each schoolsite. (g) (1) A qualified supervisor of health at a local educational agency shall obtain from an authorizing physician and surgeon a prescription for each schoolsite for epinephrine delivery systems that, at a minimum, includes appropriate doses of available epinephrine delivery systems for the ages and weights of individuals at the schoolsite and those participating in any childcare program operated by or under contract with the local educational agency. A qualified supervisor of health at a local educational agency shall be responsible for stocking the epinephrine delivery system and restocking it if it is used. (2) If a local educational agency does not have a qualified supervisor of health, an administrator at the local educational agency shall carry out the duties specified in paragraph (1). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or epinephrine delivery system manufacturers. (4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (h) A school nurse or, if the schoolsite does not have a school nurse or the school nurse is not onsite or available, a volunteer, may administer an epinephrine delivery system to a person exhibiting potentially life-threatening symptoms of anaphylaxis at school or a school activity or program operated by or under contract with the local educational agency when a physician is not immediately available. If an epinephrine delivery system is used, it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Epinephrine delivery systems shall be restocked before their expiration date. (i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (4) of subdivision (e). (j) A local educational agency shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the local educational agency for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. (k) A state agency, the department, or a local educational agency may accept gifts, grants, and donations from any source for the support of the local educational agency carrying out the provisions of this section, including, but not limited to, the acceptance of epinephrine delivery systems from a manufacturer or wholesaler. (Amended by Stats. 2025, Ch. 322, Sec. 2. (SB 568) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.1. Source version: id_5ac71eee-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) For purposes of this section, the following apply: (1) “Cannabis” has the same meaning as in Section 11018 of the Health and Safety Code. “Cannabis” includes cannabis products. (2) “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code. (3) “Medicinal cannabis” excludes medicinal cannabis or cannabis products in a smokeable or vapeable form. (b) Notwithstanding Sections 11357 and 11361 of the Health and Safety Code, the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, may adopt, at a regularly scheduled meeting of the governing board or body, a policy that allows a parent or guardian of a pupil to possess and administer medicinal cannabis at a schoolsite to the pupil who is a qualified patient pursuant to Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code. (c) The policy shall include, at a minimum, all of the following elements: (1) The parent or guardian shall not administer the medicinal cannabis in a manner that disrupts the educational environment or exposes other pupils. (2) After the parent or guardian administers the medicinal cannabis, the parent or guardian shall remove any remaining medicinal cannabis from the schoolsite. (3) The parent or guardian shall sign in at the schoolsite before administering the medicinal cannabis. (4) Before administering the medicinal cannabis, the parent or guardian shall provide to an employee of the school a valid written medical recommendation for medicinal cannabis for the pupil to be kept on file at the school. (d) For purposes of confidentiality and disclosure, pupil records collected in accordance with a policy adopted pursuant to subdivision (b) for the purpose of administering medicinal cannabis to a pupil shall be treated as medical records and shall be subject to all provisions of state and federal law that govern the confidentiality and disclosure of medical records. (e) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (b) may amend or rescind the policy at a regularly scheduled meeting of the governing board or body for any reason, including, but not limited to, if the school district, county office of education, or charter school is at risk of, or has lost, federal funding as a result of the policy. (f) The governing board of a school district, a county board of education, or the governing body of a charter school that adopts a policy pursuant to subdivision (b) may amend or rescind the policy at a special meeting in compliance with Section 54956 of the Government Code if both of the following conditions are met: (1) Exigent circumstances necessitate an immediate change to the policy adopted pursuant to subdivision (b). (2) At the meeting the governing board or body will address the intent to amend or rescind the policy adopted pursuant to subdivision (b). (g) This section does not require the staff of a school district, county office of education, or charter school to administer medicinal cannabis. (Amended by Stats. 2020, Ch. 370, Sec. 80. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.2. Source version: id_a5260574-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) The department shall create the California Food Allergy Resource internet web page to provide voluntary guidance to local educational agencies to help protect pupils with food allergies. In creating the internet web page, the department shall ensure all of the following: (1) The focus of the internet web page is to provide local educational agencies, caregivers, and pupils practical information, planning steps, and strategies for reducing allergic reactions to food within schools and early education centers. (2) The internet web page includes a link to the most recent version of the federal Centers for Disease Control and Prevention “Voluntary Guidelines for Managing Food Allergies in Schools and Early Care Education Programs,” as well as other relevant resources, which may include, but are not limited to, best practices fact sheets produced by the Institute of Child Nutrition. (3) A summary of the specific state laws relevant to the issue of pupils with food allergies in schools are included to serve as a complement to the federal laws and regulations included in the federal guidelines identified in paragraph (2). (b) The content of the California Food Allergy Resource internet web page shall include, at a minimum, all of the following: (1) A compilation of state and federal resources available for pupils with food allergies. (2) Methods and qualifications necessary for pupils, or their parents and guardians, to initiate individualized food allergy management and prevention plans. (3) Potential strategies to minimize the risk of food allergy anaphylaxis in school. (4) Methods to obtain ingredient lists for foods served to pupils at school from each of the school’s food service providers. (c) A local educational agency is encouraged to consult the internet web page created pursuant to this section and use it as an equitable resource to ensure the inclusiveness of pupils with food allergies at school and is encouraged to make it available annually to pupils, parents, and guardians. (d) For purposes of this section, “local educational agency” means a school district, county office of education, and charter school. (Added by Stats. 2022, Ch. 794, Sec. 2. (AB 2640) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.3. Source version: id_6118dd16-ca2c-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) School districts, county offices of education, and charter schools may provide emergency naloxone hydrochloride or another opioid antagonist to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use naloxone hydrochloride or another opioid antagonist to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from an opioid overdose. (b) For purposes of this section, the following terms have the following meanings: (1) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (2) “Auto-injector” means a disposable delivery device designed for the automatic injection of a premeasured dose of an opioid antagonist into the human body and approved by the federal Food and Drug Administration for layperson use. (3) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. (4) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (5) “Volunteer” or “trained personnel” means an employee who has volunteered to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose, has been designated by a school, and has received training pursuant to subdivision (d). (c) Each public and private elementary and secondary school in the state may voluntarily determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to naloxone hydrochloride or another opioid antagonist and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. (d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of naloxone hydrochloride or another opioid antagonist from the school nurse or other qualified person designated by an authorizing physician and surgeon. A benefit shall not be granted to or withheld from any individual based on his or her offer to volunteer, and there shall be no retaliation against any individual for rescinding his or her offer to volunteer, including after receiving training. Any school district, county office of education, or charter school choosing to exercise the authority provided under this subdivision shall provide the training for the volunteers at no cost to the volunteer and during the volunteer’s regular working hours. (2) An employee who volunteers pursuant to this section may rescind his or her offer to administer emergency naloxone hydrochloride or another opioid antagonist at any time, including after receipt of training. (e) (1) The Superintendent shall establish minimum standards of training for the administration of naloxone hydrochloride or another opioid antagonist that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of naloxone hydrochloride or other opioid antagonists that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering naloxone hydrochloride or another opioid antagonist and administering medication in a school environment, including, but not limited to, the California Society of Addiction Medicine, the Emergency Medical Services Authority, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, and others. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of an opioid overdose. (B) Standards and procedures for the storage, restocking, and emergency use of naloxone hydrochloride or another opioid antagonist. (C) Basic emergency followup procedures, including, but not limited to, a requirement for the school or charter school administrator or, if the administrator is not available, another school staff member to call the emergency 911 telephone number and to contact the pupil’s parent or guardian. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (E) Written materials covering the information required under this subdivision. (3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. (4) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2). (5) The department shall include on its Internet Web site a clearinghouse for best practices in training nonmedical personnel to administer naloxone hydrochloride or another opioid antagonist to pupils. (f) Any school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information: (1) A description of the volunteer request stating that the request is for volunteers to be trained to administer naloxone hydrochloride or another opioid antagonist to a person if the person is suffering, or reasonably believed to be suffering, from an opioid overdose. (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (3) The right of an employee to rescind his or her offer to volunteer pursuant to this section. (4) A statement that no benefit will be granted to or withheld from any individual based on his or her offer to volunteer and that there will be no retaliation against any individual for rescinding his or her offer to volunteer, including after receiving training. (g) (1) A qualified supervisor of health at a school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for naloxone hydrochloride or another opioid antagonist. A qualified supervisor of health at a school district, county office of education, or charter school shall be responsible for stocking the naloxone hydrochloride or another opioid antagonist and restocking it if it is used. (2) If a school district, county office of education, or charter school does not have a qualified supervisor of health, an administrator at the school district, county office of education, or charter school shall carry out the duties specified in paragraph (1). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or naloxone hydrochloride or another opioid antagonist manufacturers. (4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (h) (1) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer naloxone hydrochloride or another opioid antagonist to a person exhibiting potentially life-threatening symptoms of an opioid overdose at school or a school activity when a physician is not immediately available. If the naloxone hydrochloride or another opioid antagonist is used it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Naloxone hydrochloride or another opioid antagonist shall be restocked before its expiration date. (2) Volunteers may administer naloxone hydrochloride or another opioid antagonist only by nasal spray or by auto-injector. (3) A volunteer shall be allowed to administer naloxone hydrochloride or another opioid antagonist in a form listed in paragraph (2) that the volunteer is most comfortable with. (i) A school district, county office of education, or charter school electing to utilize naloxone hydrochloride or another opioid antagonist for emergency aid shall ensure that each employee who volunteers under this section will be provided defense and indemnification by the school district, county office of education, or charter school for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. (j) (1) Notwithstanding any other law, a person trained as required under subdivision (d), who administers naloxone hydrochloride or another opioid antagonist, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for his or her acts or omissions in administering the naloxone hydrochloride or another opioid antagonist. (2) The protection specified in paragraph (1) shall not apply in a case of gross negligence or willful and wanton misconduct of the person who renders emergency care treatment by the use of naloxone hydrochloride or another opioid antagonist. (3) Any public employee who volunteers to administer naloxone hydrochloride or another opioid antagonist pursuant to subdivision (d) is not providing emergency medical care “for compensation,” notwithstanding the fact that he or she is a paid public employee. (k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of naloxone hydrochloride or another opioid antagonist from a manufacturer or wholesaler. (Added by Stats. 2016, Ch. 557, Sec. 2. (AB 1748) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.35. Source version: id_0e6db472-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) Notwithstanding any other law or regulation, a local educational agency shall not prohibit a pupil 12 years of age or older, while on a schoolsite or participating in school activities, from carrying or administering, for the purposes of providing emergency treatment to persons who are suffering, or reasonably believed to be suffering, from an opioid overdose, naloxone hydrochloride or another opioid antagonist. (b) Notwithstanding any other law or regulation, a pupil 12 years of age or older of a local educational agency who administers naloxone hydrochloride or another opioid antagonist on a schoolsite or while participating in school activities, in good faith and not for compensation, to a person who appears to be experiencing an opioid overdose shall not be liable in a civil action or be subject to criminal prosecution for their acts or omissions in administering the naloxone hydrochloride or another opioid antagonist, unless the pupil’s acts or omissions constitute gross negligence or willful and wanton misconduct connected to the administration of the naloxone hydrochloride or another opioid antagonist. (c) Notwithstanding any other law or regulation, a local educational agency, or an employee of a local educational agency, shall not be subject to professional review, liable in a civil action, or subject to criminal prosecution for a pupil’s acts or omissions in administering naloxone hydrochloride or another opioid antagonist, unless an act or omission of the local educational agency, or the employee of the local educational agency, constitutes gross negligence or willful and wanton misconduct connected to the administration of the naloxone hydrochloride or another opioid antagonist. (d) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “Naloxone hydrochloride or another opioid antagonist” means either of the following: (A) A naloxone hydrochloride nasal spray that is federally approved for over-the-counter, nonprescription use. (B) Any other opioid overdose reversal medication that is federally approved for over-the-counter, nonprescription use. (Added by Stats. 2024, Ch. 974, Sec. 1. (AB 2998) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.4. Source version: id_64602507-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) It is the intent of the Legislature that, as part of a restorative justice framework, a school use alternatives to a referral of a pupil to a law enforcement agency in response to an incident involving the pupil’s misuse of an opioid, to the extent not in conflict with any other law requiring that referral. (b) It is further the intent of the Legislature that the Multi-Tiered System of Supports, which includes restorative justice practices, trauma-informed practices, social and emotional learning, and schoolwide positive behavior interventions and support, may be used to achieve the alternatives described in subdivision (a), in order to help pupils gain critical social and emotional skills, receive support to help transform trauma-related responses, understand the impact of their actions, and develop meaningful methods for repairing harm to the school community. (Added by Stats. 2023, Ch. 856, Sec. 5. (SB 10) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.5. Source version: id_2dccf299-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) In the absence of a credentialed school nurse or other licensed nurse onsite at the school, each school district may provide school personnel with voluntary emergency medical training to provide emergency medical assistance to pupils with diabetes suffering from severe hypoglycemia, and volunteer personnel shall provide this emergency care, in accordance with standards established pursuant to subdivision (b) and the performance instructions set forth by the licensed health care provider of the pupil. A school employee who does not volunteer or who has not been trained pursuant to subdivision (b) may not be required to provide emergency medical assistance pursuant to this subdivision. (b) (1) The Legislature encourages the American Diabetes Association to develop performance standards for the training and supervision of school personnel in providing emergency medical assistance to pupils with diabetes suffering from severe hypoglycemia. The performance standards shall be developed in cooperation with the department, the California School Nurses Organization, the California Medical Association, and the American Academy of Pediatrics. Upon the development of the performance standards pursuant to this paragraph, the State Department of Health Services’ Diabetes Prevention and Control Program shall approve the performance standards for distribution and make those standards available upon request. (2) Training established pursuant to this subdivision shall include all of the following: (A) Recognition and treatment of hypoglycemia. (B) Administration of glucagon. (C) Basic emergency followup procedures, including, but not limited to, calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent or guardian and licensed health care provider. (3) Training by a physician, credentialed school nurse, registered nurse, or certificated public health nurse according to the standards established pursuant to this section shall be deemed adequate training for the purposes of this section. (4) (A) A school employee shall notify the credentialed school nurse assigned to the school district if he or she administers glucagon pursuant to this section. (B) If a credentialed school nurse is not assigned to the school district, the school employee shall notify the superintendent of the school district, or his or her designee, if he or she administers glucagon pursuant to this section. (5) All materials necessary to administer the glucagon shall be provided by the parent or guardian of the pupil. (c) In the case of a pupil who is able to self-test and monitor his or her blood glucose level, upon written request of the parent or guardian, and with authorization of the licensed health care provider of the pupil, a pupil with diabetes shall be permitted to test his or her blood glucose level and to otherwise provide diabetes self-care in the classroom, in any area of the school or school grounds, during any school-related activity, and, upon specific request by a parent or guardian, in a private location. (d) For the purposes of this section, the following terms have the following meanings: (1) “School personnel” means any one or more employees of a school district who volunteers to be trained to administer emergency medical assistance to a pupil with diabetes. (2) “Emergency medical assistance” means the administration of glucagon to a pupil who is suffering from severe hypoglycemia. (Amended by Stats. 2005, Ch. 22, Sec. 42. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.6. Source version: id_14979dc4-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) Notwithstanding any other law or regulation, local educational agencies shall not prohibit pupils in middle schools, junior high schools, high schools, or adult schools, while on a schoolsite or participating in school activities, from carrying fentanyl test strips or a federally approved opioid antagonist for over-the-counter use for the emergency treatment of persons suffering, or reasonably believed to be suffering, from an opioid overdose. (b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 872, Sec. 1. (SB 997) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.7. Source version: id_6addac99-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) School districts, county offices of education, and charter schools may provide emergency stock albuterol inhalers, including, if necessary, single-use disposable holding chambers, to school nurses or trained personnel who have volunteered pursuant to subdivision (d), and school nurses or trained personnel may use an emergency stock albuterol inhaler to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from respiratory distress. (b) For purposes of this section, the following definitions apply: (1) “Albuterol” means a bronchodilator used to open the airways by relaxing the muscles around the bronchial tubes. (2) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracting with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (3) “Inhaler” means a device used for the delivery of prescribed asthma medication that is inhaled. (4) “Local educational agency” means a school district, county office of education, or charter school. (5) “Metered-dose inhaler (MDI)” means a pressurized sprayer that delivers a measured amount of a medication. (6) “Qualified supervisor of health” may include, but is not limited to, a school nurse. (7) “Respiratory distress” means the sudden appearance of signs and symptoms of difficulty breathing. Signs and symptoms of respiratory distress may include one or more of the following: (A) Complaints of a tight chest or chest pain. (B) Wheezing or noisy breathing. (C) Persistent coughing. (D) Difficulty breathing. (E) Appears to be in distress. (F) Lips or fingernails turning blue. (G) Shortness of breath. (8) “Stock albuterol inhaler” means albuterol medication in the form of a metered-dose inhaler (MDI) that is ordered by a health care provider and is not prescribed for a specific person and also includes, if necessary, a single-use disposable holding chamber. (9) “Volunteer” or “trained personnel” means an employee who has volunteered to administer stock albuterol inhalers to a person if the person is suffering, or reasonably believed to be suffering, from respiratory distress, has been designated by a school, and has received training pursuant to subdivision (d). (c) Each private elementary and secondary school in the state may voluntarily determine whether or not to make emergency stock albuterol inhalers and trained personnel available at its school. In making this determination, a school shall evaluate the emergency medical response time to the school and determine whether initiating emergency medical services is an acceptable alternative to stock albuterol inhalers and trained personnel. A private elementary or secondary school choosing to exercise the authority provided under this subdivision shall not receive state funds specifically for purposes of this subdivision. (d) (1) Each public and private elementary and secondary school in the state may designate one or more volunteers to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (e), regarding the storage and emergency use of a stock albuterol inhaler from the school nurse or other qualified person designated by an authorizing physician and surgeon. (2) Schools are encouraged and recommended to have a minimum of two trained school employees. (e) (1) The Superintendent shall establish, and post on the department’s internet website, minimum standards of training for the administration of stock albuterol inhalers that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review minimum standards of training for the administration of stock albuterol inhalers that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in administering stock albuterol inhalers and administering medication in a school environment, including, but not limited to, the State Department of Public Health, the Emergency Medical Services Authority, the American Academy of Allergy, Asthma and Immunology, the California School Nurses Organization, the California Medical Association, the American Academy of Pediatrics, the California Society of Allergy, Asthma and Immunology, the American College of Allergy, Asthma and Immunology, and others. (2) Training established pursuant to this subdivision shall include all of the following: (A) Techniques for recognizing symptoms of respiratory distress. (B) Standards and procedures for the storage, restocking, and emergency use of stock albuterol inhalers. (C) Emergency followup procedures, including calling the emergency 911 telephone number and contacting, if possible, the pupil’s parent or guardian and physician. (D) Recommendations on the necessity of instruction and certification in cardiopulmonary resuscitation. (E) Written materials covering the information required under this subdivision. (3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. (4) Training established pursuant to this subdivision shall be provided to a volunteer during the volunteer’s regular working hours and at no cost to the volunteer. (5) A school shall retain for reference the written materials prepared under subparagraph (E) of paragraph (2). (f) Any local educational agency electing to utilize stock albuterol inhalers for emergency aid shall distribute a notice at least once per school year to all staff that contains the following information: (1) A description of the volunteer request stating that the request is for volunteers to be trained to administer a stock albuterol inhaler to a person if the person is suffering, or reasonably believed to be suffering, from respiratory distress, as specified in subdivision (b). (2) A description of the training that the volunteer will receive pursuant to subdivision (d). (g) (1) A qualified supervisor of health at a local educational agency electing to utilize stock albuterol inhalers for emergency aid shall obtain from an authorizing physician and surgeon a prescription for each school for stock albuterol inhalers. A qualified supervisor of health at a local educational agency shall be responsible for stocking the stock albuterol inhalers and restocking it if it is used. (2) If a local educational agency does not have a qualified supervisor of health, an administrator at the local educational agency shall carry out the duties specified in paragraph (1). (3) A prescription pursuant to this subdivision may be filled by local or mail order pharmacies or stock albuterol inhaler manufacturers. (4) An authorizing physician and surgeon shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the issuance of a prescription or order pursuant to this section, unless the physician and surgeon’s issuance of the prescription or order constitutes gross negligence or willful or malicious conduct. (h) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer may administer a stock albuterol inhaler to a person exhibiting potentially life-threatening symptoms of respiratory distress at school or a school activity when a physician is not immediately available. If the stock albuterol inhaler is used, it shall be restocked as soon as reasonably possible, but no later than two weeks after it is used. Stock albuterol inhalers shall be restocked before their expiration date. (i) A volunteer shall initiate emergency medical services or other appropriate medical followup in accordance with the training materials retained pursuant to paragraph (5) of subdivision (e). (j) (1) A local educational agency electing to utilize stock albuterol inhalers for emergency aid shall not be liable for any civil damages resulting from any act or omission, other than an act or omission constituting gross negligence or willful and wanton misconduct, in the emergency administration of an albuterol inhaler by any of its school nurses or trained volunteers who have volunteered pursuant to subdivision (d). (2) An employee who volunteers under this section shall be provided defense and indemnification by the local educational agency for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. (k) A state agency, the department, or a public school may accept gifts, grants, and donations from any source for the support of the public school carrying out the provisions of this section, including, but not limited to, the acceptance of stock albuterol inhalers from a manufacturer or wholesaler. (Added by Stats. 2023, Ch. 574, Sec. 1. (AB 1283) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49414.8. Source version: id_7600f669-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) (1) Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, the sum of three million five hundred thousand dollars ($3,500,000) shall be appropriated from the General Fund to the department to allocate to county offices of education for the purpose of purchasing and maintaining a sufficient stock of emergency opioid antagonists for local educational agencies within its jurisdiction. (2) (A) County offices of education shall purchase a minimum of two units for each middle school, junior high school, high school, and adult school schoolsite within their jurisdiction. (B) Funding allocations provided to county offices of education pursuant to this section may be used to complement any emergency opioid antagonist resources allocated through the State Department of Health Care Services’ Naloxone Distribution Project for these purposes. (3) County offices of education may enter into agreements with local educational agencies within their jurisdiction, or other county offices of education, to comply with the minimum purchasing requirements specified in paragraph (2). (4) Funding allocations shall be reevaluated each year based on the factors listed in subdivision (c). (b) Of the amount appropriated in subdivision (a), up to three hundred fifty thousand dollars ($350,000) shall be allocated to county offices of education for administrative costs to coordinate, maintain stock, and distribute emergency opioid antagonists to local educational agencies within their jurisdiction. The Superintendent shall develop an allocation formula for use in determining the allocation amounts for each county office of education based on the number of local educational agencies within each county office of education’s jurisdiction and the number of pupils and students served in schools within those local educational agencies. (c) After allocations are made pursuant to subdivision (b), the department shall consider, in allocating the remaining funds to county offices of education, the number of middle school, junior high school, high school, and adult school schoolsites that are within each county office of education, the number of pupils and students served by those required schoolsites, and any other factors determined by the department. (d) As a condition of receiving funds pursuant to this section, county offices of education shall do all of the following: (1) Coordinate the purchase of and maintain a stock of emergency opioid antagonists on behalf of local educational agencies within their jurisdiction, in a manner consistent with paragraph (2) or (3) of subdivision (a), that is best suited for distribution and use in schools by doing all of the following: (A) Either applying to be a qualified direct purchaser with the naloxone manufacturer to purchase the emergency opioid antagonist at the public interest price or purchasing directly from a distributor, state entity, or local entity, a quantity sufficient to stock, at a minimum, two units per middle school, junior high school, high school, and adult school schoolsite for each local educational agency within their jurisdiction, or administering the program consistent with paragraph (3) of subdivision (a). (B) Distributing a minimum of two units of an emergency opioid antagonist to local educational agencies for each middle school, junior high school, high school, and adult school schoolsite within their jurisdiction, or administering the program consistent with paragraph (3) of subdivision (a). (C) To the extent that the minimum stocking requirements pursuant to subparagraph (B) of paragraph (2) are met, county offices of education may also distribute emergency opioid antagonists to local educational agencies for distribution to elementary schoolsites. (2) As a condition of receiving emergency opioid antagonist units from a county office of education, or consistent with an agreement pursuant to paragraph (3) of subdivision (a), local educational agencies shall do the following: (A) (i) Ensure no fewer than two schoolsite staff members per required schoolsite meet the minimum standards of training for the administration of an emergency opioid antagonist as specified in subdivision (e) of Section 49414.3 or have undergone opioid overdose prevention and treatment training and reviewed materials available on the State Department of Public Health’s internet website. (ii) County offices of education may use resources for technical assistance on the State Department of Education or State Department of Public Health’s respective internet websites that include, but are not limited to, all of the following: (I) The State Department of Public Health Office of Communications’ Fentanyl and Overdose Prevention​ toolkit. (II) A sample school naloxone policy. (III) School and educator resources. (IV) Education on recognizing overdoses. (V) A naloxone administration training video. (B) Distribute the minimum of two units of an emergency opioid antagonist to each required schoolsite, including restocking a unit before its expiration date and, if used, as soon as reasonably possible after its use, but no later than two weeks after its use. (e) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district or charter school. (2) “Opioid antagonist” means naloxone hydrochloride, or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year for which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year for which the appropriation is made. (Added by Stats. 2023, Ch. 48, Sec. 55. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49415. Source version: id_d7479365-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. On or before July 1, 2004, the State Board of Education shall adopt maximum weight standards for textbooks used by pupils in elementary and secondary schools. The weight standards shall take into consideration the health risks to pupils who transport textbooks to and from school each day. (Added by Stats. 2002, Ch. 1096, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1. General Powers—School Boards [49400 - 49417] SECTION 49417. Source version: id_832f7366-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1. (a) A public school may solicit and receive nonstate funds to acquire and maintain an automated external defibrillator (AED). These funds shall only be used to acquire and maintain an AED and to provide training to school employees regarding use of an AED. (b) Except as provided in subdivision (d), if an employee of a school district complies with Section 1714.21 of the Civil Code in rendering emergency care or treatment through the use, attempted use, or nonuse of an AED at the scene of an emergency, the employee shall not be liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (c) Except as provided in subdivision (d), if a public school or school district complies with the requirements of Section 1797.196 of the Health and Safety Code, the public school or school district shall be covered by Section 1714.21 of the Civil Code and shall not be liable for any civil damages resulting from any act or omission in the rendering of the emergency care or treatment. (d) Subdivisions (b) and (c) do not apply in the case of personal injury or wrongful death that results from gross negligence or willful or wanton misconduct on the part of the person who uses, attempts to use, or maliciously fails to use an AED to render emergency care or treatment. (e) This section does not alter the requirements of Section 1797.196 of the Health and Safety Code. (Added by Stats. 2014, Ch. 812, Sec. 1. (AB 2217) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] SECTION 49418. Source version: id_c23ffaef-e4ad-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1.5. For purposes of this article, “office” means the Office of School-Based Health Programs established within the department that is dedicated to expanding access to school-based health programs pursuant to this article. (Added by Stats. 2021, Ch. 44, Sec. 61. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] SECTION 49419. Source version: id_c23ffaf1-e4ad-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1.5. (a) The department shall, no later than January 1, 2022, establish an Office of School-Based Health Programs for the purpose of assisting local educational agencies regarding the current health-related programs under the purview of the department. The scope of the office shall include collaborating with the State Department of Health Care Services and other departments and offices involved in the provision of school-based health services. The scope of the office shall also include assisting local educational agencies with information on, and participation in, the following school-based health programs: (1) The Administrative Claiming process described in Section 14132.47 of the Welfare and Institutions Code. (2) The Local Educational Agency Medi-Cal Billing Option Program described in Section 14132.06 of the Welfare and Institutions Code. (3) All other programs under the federal Early and Periodic Screening, Diagnostic, and Treatment services entitlement supporting the provision of health services to eligible pupils, including screening, diagnostic, and treatment services to prevent, identify, or address physical and behavioral health needs. (4) Providing consultation and technical assistance to local educational agencies on school-based nursing and health services. (5) Coordinating school health program activities with public health, social services, environmental, and local educational agencies, and other public and private entities. (6) Participating in the development of policies, standards, and guidelines, interpreting updates, and disseminating policies, standards, guidelines, and procedures to enhance coordinated school health programs. (7) Promoting quality assurance in school health services by initiating and coordinating a quality assurance program that includes needs assessment, data collection and analysis, and evidenced-based practices. (8) Initiating, participating in, and using research studies related to a coordinated school health program, the health needs of children and youth, school nursing practice, and related issues. (9) Additional school-based health efforts available to local educational agencies through the California Health and Human Services Agency and its offices and departments. (b) The office shall advise the department on opportunities for effective coordination between health and education systems at the state, regional, and local levels to advance school-based health programs, and on strategies to leverage school-based Medi-Cal programs to sustain school-based health services. (c) The office shall collaborate with the local educational agency selected to provide guidance around Medi-Cal billing pursuant to Section 49422. (d) The office may provide technical assistance to local educational agencies on matters such as expanding services, simplifying the administration of school-based health programs, and increasing local educational agency participation in, and maximizing allowable federal financial participation in, the school-based health programs. (e) The office shall assist in the development of the telehealth guidelines required pursuant to Section 49429. (f) The office shall provide technical assistance, outreach, and informational materials to local educational agencies on allowable services and on the submission of claims. The office shall not otherwise provide informational materials related to the State Department of Health Care Services’ school-based health programs that have not been approved by the State Department of Health Care Services, as the State Department of Health Care Services is the sole state agency with authority from the federal Centers for Medicare and Medicaid Services to define allowable services and submit claims for federal matching funds. (g) The office shall oversee the School Health Demonstration Project established pursuant to Section 49421. (h) The office may form, or participate in, advisory groups for technical assistance and other purposes as deemed necessary. (i) To the extent necessary, the State Department of Health Care Services shall make available to the office any information on other school-based dental, health, and mental health programs, and school-based health centers, that may receive Medi-Cal funding. (j) (1) This section shall not prohibit the department from using an existing branch or division within the department to serve as the office, in lieu of establishing a new office, for purposes of implementing this section. (2) This section shall not limit or modify Section 14132.06 of the Welfare and Institutions Code. (Added by Stats. 2021, Ch. 44, Sec. 61. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] SECTION 49420. Source version: id_c2402203-e4ad-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1.5. (a) The department shall by January 1, 2022, appoint a state school nurse consultant to be housed within the office, as established pursuant to Section 49419. The state school nurse consultant shall be a school nurse with a services credential with a specialization in health for a school nurse issued by the Commission on Teacher Credentialing, who has a minimum of five years of experience in school health program management. The state school nurse consultant shall work with local educational agencies and school nurses to promote quality school nursing services and school health programs that address the broad health needs of pupils. The state school nurse consultant, in performing the duties of the position, shall collaborate with the State Department of Public Health, the State Department of Health Care Services, the Governor’s Office of Emergency Services, and the Board of Registered Nursing. (b) The state school nurse consultant shall be responsible for all of the following: (1) Serving as a liaison and resource expert in school nursing and school health program areas for local, regional, state, and national school health care providers and policy setting groups. (2) Monitoring, interpreting, synthesizing, and working to ensure that the office disseminates relevant information associated with changes in health, nursing, and medical care, school nursing practice, legislation, and legal issues that impact schools and the pupils they serve. (3) Fostering and promoting staff development for school nurses, which may include planning and providing orientation, coordinating or providing educational offerings, and networking with universities and other providers of continuing education to meet identified needs. (4) Participating in state-level public interagency partnerships and private partnerships with statewide stakeholders to foster a coordinated school health program, representing school nurses in multidisciplinary collaborations. (Added by Stats. 2021, Ch. 44, Sec. 61. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] SECTION 49421. Source version: id_8774a616-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1.5. (a) The sum of five million dollars ($5,000,000) is hereby appropriated from the General Fund to the Superintendent on a one-time basis for the School Health Demonstration Project. The School Health Demonstration Project is hereby established in the office as a pilot project to expand comprehensive health and mental health services to public school pupils by providing local educational agencies with intensive assistance and support to build the capacity for long-term sustainability by leveraging multiple revenue sources. For these purposes, the project is intended to provide training and technical assistance on the requirements for health care provider participation in the Medi-Cal program pursuant to Article 1.3 (commencing with Section 14043) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code to enable local educational agencies to participate in, contract with, and conduct billing and claiming in the Medi-Cal program through all of the following: (1) The Local Educational Agency Medi-Cal Billing Option Program. (2) The School-Based Medi-Cal Administrative Activities Program. (3) Contracting or entering into a memorandum of understanding with Medi-Cal managed care plans as a participating Medi-Cal managed care plan contracting provider. (4) Contracting with or entering into a memorandum of understanding with county mental health plans for specialty mental health services, such as through the Early and Periodic Screening, Diagnostic and Treatment Program. (5) Contracting with community-based providers to deliver health and mental health services to pupils in school through contracts with Medi-Cal managed care plans or county mental health plans. (b) On or before June 30, 2022, the Superintendent, in consultation with the executive director of the state board and the State Department of Health Care Services, shall select up to three organizations to serve as technical assistance teams for purposes of the pilot project. Technical assistance teams selected to serve shall be a consortia that consists of one or more local educational agencies, county agencies, or community-based organizations with experience in general and special education mental health program and service development, school finance, health care, Medi-Cal managed care contracting and benefits, Medicaid billing, commercial health insurance, and data analysis. The technical assistance teams are intended to provide hands-on, intensive support for a two-year period to the local educational agencies selected to be pilot participants to create capacity for those local educational agencies to become self-sustaining by securing federal reimbursement and other revenue sources for health and mental health services provided to pupils. In selecting the technical assistance teams, consideration shall be given to demonstrated expertise, including, but not limited to, all of the following: (1) Knowledge of the process to submit claims through the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and drawing down federal reimbursement for Medi-Cal services. (2) The knowledge and capacity to provide direct, hands-on assistance and support to selected local educational agencies in securing federal reimbursement for health and mental health services provided to pupils, and identifying additional sources of funding through programs identified in subdivision (a). (3) Experience working with the department, the State Department of Health Care Services, county health departments, county behavioral health departments, Medi-Cal managed care plans, private health care service plans and health insurers, and the Behavioral Health Services Oversight and Accountability Commission. (4) Experience in the legally compliant development and sustainable funding of general and special education mental health programs and supports in public schools, including the Multi-Tiered System of Supports, positive behavioral interventions and supports services for children under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), public school contracting requirements, and relevant state and federal privacy protections. (c) On or before September 1, 2022, the department, in consultation with the State Department of Health Care Services, shall select up to 25 local educational agencies to serve as pilot participants for a period of two years. In selecting local educational agencies to serve as pilot participants, consideration shall be given to all of the following factors: (1) Demonstrated need for health and mental health services for pupils. (2) Commitment of the local educational agency’s leadership to expand health and mental health services for all pupils through school-based services, school-connected services, or both. (3) Willingness to reinvest increased reimbursements gained through the pilot project into direct health and mental health services for pupils. (4) Unduplicated pupil count. (5) Geographic diversity of the state. (6) Mix of urban, suburban, and rural. (d) A local educational agency selected to serve as a pilot participant pursuant to subdivision (c) shall receive up to one hundred thousand dollars ($100,000) per year for each of the two years it participates in the pilot project. Funds shall be used for contracting with one of the technical assistance teams identified by the department pursuant to subdivision (b), and may also be used to address needs identified by the in-depth analysis conducted by the technical assistance provider. (e) The technical assistance teams selected pursuant to subdivision (b) shall, under the direction of the department, work with each pilot participant to do all of the following: (1) Conduct an analysis of all of the following related to the local educational agency: (A) The need for health and mental health services for pupils. (B) The current capacity within the local educational agency to meet those needs. (C) Current participation in the programs identified in paragraphs (1) and (2) of subdivision (a). (D) The barriers to participating in the programs identified in paragraphs (1) and (2) of subdivision (a). (E) Any existing partnerships with county agencies or community-based agencies to provide health and mental health services to pupils. (2) Work with local educational agency staff to establish or expand the expertise necessary to maximize federal reimbursement revenue through an analysis of past claims and review eligible school expenditures to ensure maximum usage of potential Medi-Cal reimbursements, including the Early and Periodic Screening, Diagnostic, and Treatment services provided to eligible pupils. (3) Facilitate the exploration of opportunities to collaborate with county mental health plans, Medi-Cal managed care plans, and private health care service plans and health insurers to establish partnerships through memoranda of understanding or other means to coordinate the funding and provision of health and mental health services to pupils. (4) Complete, and provide to the department, a final report at the conclusion of the pilot project with data on any increases in the level of health and mental health services provided to pupils in the local educational agency, any improved measurable outcomes for pupils, increased funding secured, plans for ongoing sustainability of health and mental health services beyond the pilot project period, and recommendations on maximizing federal reimbursement and other revenue sources to provide effective health and mental health services to pupils. (f) (1) The department, in consultation with the State Department of Health Care Services, participating local educational agencies, and the technical assistance teams established pursuant to subdivision (b), shall prepare and submit to the relevant policy and fiscal committees of the Legislature on or before January 1, 2025, or six months after the final local educational agency has ended its service as a pilot participant, whichever comes first, a final report of the pilot programs established pursuant to this section. The report shall include, but not be limited to, all of the following: (A) Best practices developed by local educational agencies that ensure every pupil receives an uninterrupted continuum of effective care services. (B) Program requirements and support services needed for the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment benefits, to ensure ease of use and access for local educational agencies. (C) Total dollars drawn down from federal sources by local educational agencies participating in the pilot project. (D) The number of pupils receiving health and mental health services by participating local educational agencies throughout the course of the pilot project, including breakdowns by subgroups, and measurable improved outcomes for those pupils. (E) Recommendations for expanding the program statewide, including an estimate of the cost of fully funding an ongoing technical assistance and support program on a statewide basis. (F) Strategies for working with the State Department of Health Care Services to coordinate, streamline, and prevent the duplication of Medi-Cal covered services. (G) Recommendations on specific changes needed to state regulations or statute, the need for approval of amendments to the state Medicaid plan or federal waivers, changes to implementation of federal regulations, changes to state agency support and oversight, and associated staffing or funding needed to implement recommendations. (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (g) The department, in consultation with the technical assistance teams, the State Department of Health Care Services, and the Behavioral Health Services Oversight and Accountability Commission, shall prepare materials for use by local educational agencies in developing the capacity to effectively secure sustainable funding for the delivery of comprehensive health and mental health services to pupils. (h) The State Department of Health Care Services shall seek federal financial participation for the activities conducted pursuant to this section. (i) The following definitions apply to this section: (1) “County mental health plan” means an entity authorized pursuant to Article 5 (commencing with Section 14680) of Chapter 8.8 of Part 3 of Division 9 of the Welfare and Institutions Code. (2) “Medi-Cal managed care plan” means an individual, organization, or entity that enters into a contract with the department to provide services to enrolled Medi-Cal beneficiaries pursuant to any of the following: (A) Article 2.7 (commencing with Section 14087.3) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, excluding dental managed care programs developed pursuant to Section 14087.46 of the Welfare and Institutions Code. (B) Article 2.8 (commencing with Section 14087.5), Article 2.81 (commencing with Section 14087.96), Article 2.82 (commencing with Section 14087.98), Article 2.9 (commencing with Section 14088), or Article 2.91 (commencing with Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code. (C) Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, excluding dental managed care plans. (D) Chapter 3 (commencing with Section 101675) of Part 4 of Division 101 of the Health and Safety Code. (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Amended by Stats. 2025, Ch. 243, Sec. 2. (SB 862) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 1.5. Office of School-Based Health Programs [49418 - 49421.5] SECTION 49421.5. Source version: id_fcacabc3-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=1.5. (a) (1) On or before June 30, 2022, the State Department of Education shall establish a process to select, with approval from the executive director of the state board, a local educational agency to provide guidance around Medi-Cal billing and increase local educational agencies’ capacity to successfully submit claims through the Local Educational Agency Medi-Cal Billing Option Program. The local educational agency selected shall have demonstrated success in submitting claims through the Local Educational Agency Medi-Cal Billing Option Program and drawing down federal reimbursement for Medi-Cal services, and a willingness and capacity to perform the duties described in paragraph (2). The State Department of Health Care Services shall provide relevant data, including, but not limited to, the number of years participating in the program and cost reimbursement data for each local educational agency, in the form and manner requested by the State Department of Education and the executive director of the state board no later than August 31, 2021, to aid in the selection process. The State Department of Health Care Services shall assist the State Department of Education, as needed, with the selection process, including verifying information provided by local educational agencies regarding program participation during the selection process. (2) The local educational agency selected pursuant to paragraph (1) shall do all of the following: (A) Provide effective assistance and support to local educational agencies in securing federal reimbursement for services provided to Medi-Cal eligible pupils. (B) Work in coordination and collaboration with expert lead agencies identified pursuant to Section 52073.1, special education resource leads identified pursuant to Section 52073.2, the State Department of Education, and the State Department of Health Care Services. (C) Identify and disseminate information regarding existing resources, professional development activities, and other efforts currently available to assist local educational agencies in successfully submitting claims through the Local Educational Agency Medi-Cal Billing Option Program and drawing down federal reimbursement for Medi-Cal services. (D) Upon request by the State Department of Education and the State Department of Health Care Services, develop new resources and activities designed to build capacity for local educational agencies to secure federal reimbursement for services provided to Medi-Cal eligible pupils. (E) Serve as a point of contact for local educational agencies, and regularly participate and share the perspectives of local educational agencies in the Local Educational Agency Program Advisory Workgroup convened by the State Department of Health Care Services. (F) Other duties, as prescribed by the State Department of Education, to enhance Medi-Cal services on schoolsites, increase access of care for pupils, and increase Medi-Cal reimbursement for local educational agencies. (3) A local educational agency may partner as a consortium with other local educational agencies, institutions of higher education, nonprofit educational services providers, county mental health providers, or other local partners to submit a proposal to the State Department of Education to be considered for selection as the local educational agency pursuant to paragraph (1). (b) (1) The term of a local educational agency selected pursuant to subdivision (a) shall not exceed five years. (2) The selected local educational agency shall commit to providing program data to the State Department of Education, as specified by the Superintendent, to evaluate the effectiveness of the activities performed under paragraph (2) of subdivision (a). (3) At the conclusion of the term of the selected local educational agency, the State Department of Education, with approval from the executive director of the state board, may renew the term of the selected local educational agency or select a new local educational agency in a manner consistent with subdivision (a). (4) If a selected local educational agency requests that its term be renewed, it shall provide a description of the efforts it has made to carry out the duties described in paragraph (2) of subdivision (a), and before renewing the term, the State Department of Education shall evaluate the local educational agency’s success in carrying out those duties. (c) Notwithstanding Section 13340 of the Government Code, commencing with the 2021–22 fiscal year, each fiscal year the sum of two hundred fifty thousand dollars ($250,000) shall be appropriated from the General Fund to the State Department of Education to be awarded to the local educational agency selected pursuant to this section. (d) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated. (2) Notwithstanding paragraph (1), the appropriation made by subdivision (c) for the 2021–22 fiscal year shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2022–23 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2022–23 fiscal year. (Amended by Stats. 2023, Ch. 48, Sec. 56. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] SECTION 49530. Source version: id_d761aaad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10. (a) The Legislature finds that (1) the proper nutrition of children is a matter of highest state priority, and (2) there is a demonstrated relationship between the intake of food and good nutrition and the capacity of children to develop and learn, and (3) the teaching of the principles of good nutrition in schools is urgently needed to assist children at all income levels in developing the proper eating habits essential for lifelong good health and productivity. (b) It is the policy of the State of California that no child shall go hungry at school or a child development program and that schools and child development programs conducted pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 have an obligation to provide for the nutritional needs and nutrition education of all pupils during the schoolday and all children receiving child development services. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] SECTION 49530.5. Source version: id_d761aaaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10. As used in this article, “child nutrition entity” means any school district, county superintendent of schools, child development program operated pursuant to Chapter 2 (commencing with Section 8200) or Chapter 2.5 (commencing with Section 8400) of Part 6 of Division 1 of Title 1, local agency, private school, or parochial school, or any other agency which qualifies for federal aid under the federal school lunch program or the federal child nutrition program prescribed, respectively, by Chapter 13 (commencing with Section 1751) and Chapter 13A (commencing with Section 1771) of Title 42 of the United States Code. (Amended by Stats. 1977, Ch. 1041.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] SECTION 49531. Source version: id_bba1470c-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10. (a) A school district, county superintendent of schools, or charter school may apply to the department for all available federal and state funds that they are eligible for so that a nutritionally adequate breakfast and lunch may be made available to pupils each schoolday at each schoolsite or school facility where pupils are present during the schoolday and to children receiving child development services. A school district, county superintendent of schools, or charter school that receives state funds pursuant to this article shall make available breakfasts and lunches in accordance with state and federal guidelines. If an entity’s school meal service is not in compliance with state and federal guidelines or regulations, or both, including noncompliance determined during administrative reviews, procurement reviews, or complaint investigations conducted by the department, the entity shall be ineligible for state meal reimbursement. (b) (1) A nutritionally adequate breakfast, for the purposes of this article, is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations and paragraph (2). A nutritionally adequate lunch for purposes of this article is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations and paragraph (2). (2) A nutritionally adequate breakfast or lunch shall not consist of more added sugar than the amount allowed by the federal School Breakfast Program and the federal National School Lunch Program, respectively. (3) Beginning December 31, 2027, a nutritionally adequate breakfast or lunch, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, shall not contain any of the following substances: (A) Blue 1 (CAS 3844-45-9). (B) Blue 2 (CAS 860-22-0). (C) Green 3 (CAS 2353-45-9). (D) Red 40 (CAS 25956-17-6). (E) Yellow 5 (CAS 1934-21-0). (F) Yellow 6 (CAS 2783-94-0). (4) Beginning July 1, 2035, a nutritionally adequate breakfast or lunch, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, shall not include either of the following: (A) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (B) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (c) (1) If the federal School Breakfast Program and federal National School Lunch Program allow more added sugar or sodium than is recommended by the most recent Dietary Guidelines for Americans, established by the United States Department of Agriculture and the United States Department of Health and Human Services, the State Department of Education shall convene representatives from the California School Nutrition Association and cafeteria workers, or their representatives, to work in partnership to provide the following: (A) Maximum daily added sugar intake recommendations for each grade level commensurate with the American Academy of Pediatrics’ standards for children two years of age or older. (B) Maximum daily added sodium intake recommendations for each grade level commensurate with recommendations for children and adolescents in the Dietary Guidelines for Americans. (2) Recommendations pursuant to this subdivision shall encourage the prioritization of foods with higher nutritional density when there is added sugar or sodium in the food. (d) State reimbursement for meals provided pursuant to this article shall be limited to meals made available to pupils pursuant to Section 49501.5. (Amended by Stats. 2025, Ch. 467, Sec. 7. (AB 1264) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] SECTION 49531.1. Source version: id_fcc004d5-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10. (a) The department shall develop and maintain nutrition guidelines for school lunches and breakfasts that are provided pursuant to Section 49501.5 and for all food and beverages sold on public school campuses. (b) The nutrition guidelines for school lunches and breakfasts, pursuant to subdivision (a), shall be consistent with the requirements for a nutritionally adequate breakfast and a nutritionally adequate lunch, as defined in subdivision (b) of Section 49531. (Amended by Stats. 2023, Ch. 600, Sec. 13. (SB 348) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] SECTION 49533. Source version: id_1225bf55-5da5-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10. (a) A Child Nutrition Advisory Council composed of 13 members shall be appointed by January 1, 1975, to recommend plans and guidelines for school and child care meal service and nutrition education programs. The members of the council shall be appointed by the Superintendent and shall include one member of the department, one school administrator, one school board member, one school food service director, one school food service supervisor or manager, one classroom teacher, one curriculum coordinator, one nutrition education specialist, one layperson, one child care food program sponsor, one secondary high school pupil, one representative from a recognized parent-teacher organization, and one qualified consultant specializing in nutrition, education, child care, or health and welfare. (b) The members shall serve for a term of three years, except the pupil representative, who shall serve a one-year term. Council members shall serve without pay, but shall be reimbursed for authorized travel costs according to established department procedures. (Amended by Stats. 2017, Ch. 15, Sec. 46. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] SECTION 49534. Source version: id_07cc1e55-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10. (a) The department may formulate the basic elements of nutrition education programs for child nutrition entities participating in programs established under this article. Such programs may coordinate classroom instruction with the food service program and may be of sufficient variety and flexibility to meet the needs of pupils in the total spectrum of education, including early childhood, elementary and secondary schools, special education classes and programs, and child development programs. (b) Nutrition education programs may be maintained on a project approval basis. The state board may establish rules and regulations for nutrition education projects. County offices of education may apply for and receive funds on behalf of school districts under their jurisdiction in order to implement projects. (c) Projects may include, but need not be limited to, innovative ways to coordinate the school meal service program with the nutrition education program; development of community resources for purposes of nutrition education; instructional programs for teachers, parents, food service employees; and training and usage of paraprofessionals to assist the instructional staff. (Amended by Stats. 2021, Ch. 666, Sec. 44. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10. Child Nutrition Act of 1974 [49530 - 49536] SECTION 49536. Source version: id_ae42c0a1-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10. (a) The department shall, before July 1 of each year, prescribe an adjustment in the state meal contribution rates established pursuant to this section for the forthcoming fiscal year. The adjustments shall reflect the changes in the cost of operating a school breakfast and lunch program and shall be made commencing on July 1 of each year. The adjustment shall be the average of the separate indices of the “Food Away From Home Index” for Los Angeles and San Francisco as prepared by the United States Bureau of Labor Statistics. (b) In giving effect to the cost-of-living provisions of this section, the department shall use the same month for computation of the percentage change in the cost of living after July 1, 1975. The same month shall be used annually thereafter. The product of a percentage increase or decrease in the average index and the per meal reimbursement disbursement rate shall be adjusted by the amount of a cost-of-living change currently in effect pursuant to the provisions of this section. (c) For the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the cost-of-living adjustment shall be equal to the percentage change determined pursuant to subdivision (b) of Section 42238.1, as that section read on January 1, 2013. Commencing with the 2013–14 fiscal year, the cost-of-living adjustment shall be equal to the percentage determined pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (Amended by Stats. 2013, Ch. 47, Sec. 93. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.5. Child Care Food Program [49540 - 49546] SECTION 49540. Source version: id_d763315d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.5. The Department of Education shall, on behalf of the state, participate in the federal child care food program prescribed by Public Law 95-627, as codified in Section 1766 of Title 42 of the United States Code, and shall not terminate its participation in such program unless the Legislature authorizes such termination. (Added by Stats. 1980, Ch. 959, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.5. Child Care Food Program [49540 - 49546] SECTION 49541. Source version: id_d763315f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.5. The Department of Education is hereby designated as the single state agency to administer the child care food program. (Added by Stats. 1980, Ch. 959, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.5. Child Care Food Program [49540 - 49546] SECTION 49542. Source version: id_d7633161-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.5. (a) The Department of Education shall administer the child care food program for all eligible, participating entities that provide child development services pursuant to Chapter 2 (commencing with Section 8200) of, and alternative child care programs pursuant to Chapter 2.5 (commencing with Section 8400) of, Part 6. (b) To the extent permitted by federal law, the child care food program shall be administered as part of such child development services and such alternative child care programs. (c) The department shall seek the waiver of all federal provisions necessary to reduce fragmentation and duplication in administering the child care food program within such child development services and such alternative child care programs. (Added by Stats. 1980, Ch. 959, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.5. Child Care Food Program [49540 - 49546] SECTION 49543. Source version: id_d764b803-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.5. The Department of Education shall administer the child care food program for all eligible, participating entities that provide child development services outside of the provisions of Chapter 2 (commencing with Section 8200) of, or child care programs outside of the provisions of Chapter 2.5 (commencing with Section 8400) of, Part 6. (Added by Stats. 1980, Ch. 959, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.5. Child Care Food Program [49540 - 49546] SECTION 49544. Source version: id_d764b805-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.5. The Department of Education shall maximize the use of available federal funds for the federal child care food program by all eligible entities that provide child development services or child care programs. (Added by Stats. 1980, Ch. 959, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.5. Child Care Food Program [49540 - 49546] SECTION 49545. Source version: id_d764b807-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.5. The Department of Education shall secure, in a timely manner, federal reimbursement for all eligible, participating entities in the child care food program. (Added by Stats. 1980, Ch. 959, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.5. Child Care Food Program [49540 - 49546] SECTION 49545.5. Source version: id_d7663ea9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.5. To the extent permitted by federal law, the State Department of Education shall adopt regulations to establish eligibility requirements for participation in the child care food program and to impose penalties and sanctions for noncompliance by sponsoring organizations. This section may not be construed to prohibit the State Department of Education from terminating contracts with sponsoring organizations. The State Department of Education is authorized to establish contracts effective for periods of 12 months or less for sponsoring organizations meeting the department’s high-risk profile. (Added by Stats. 1999, Ch. 78, Sec. 37. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.5. Child Care Food Program [49540 - 49546] SECTION 49546. Source version: id_d7663eab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.5. It is the intent of the Legislature that funding for costs for the implementation of this article shall come from either federal funds or transfer of funds appropriated for the support of the Department of Education. (Added by Stats. 1980, Ch. 959, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] SECTION 49547. Source version: id_d7663eaf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.7. (a) The Legislature finds and declares as follows: (1) Proper nutrition for children is a matter of the highest state priority. (2) There is a demonstrated relationship between the good nutrition practices on a year-round basis and the capacity of children to develop and learn. (3) Teaching the principles of good nutrition in schools is urgently needed to assist children at all income levels in developing proper eating habits that are essential for lifelong good health and productivity. (b) The Legislature finds and declares that it is essential that schools, local governing boards, parents, and communities provide leadership and support for the establishment of nutrition program services for children on a year-round basis. The nutritional needs of children must continue to be met when school is not in session. (c) The Legislature further recognizes the need to establish a permanent funding plan in order to provide qualifying local agencies with continuous financial support for the operation of child nutrition programs. (Added by Stats. 1992, Ch. 948, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] SECTION 49547.5. Source version: id_02417927-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.7. (a) The Legislature finds and declares the following: (1) Needy children rely upon school meals for supplemental nutrition that benefits their health, growth, and academic and social development. (2) Existing federal law, Section 1761 of Title 42 of the United States Code, establishes the Summer Food Service Program. This program provides assistance to states to support the operation of nonprofit food service programs for needy children during those times of the year when free and reduced-price school meals are not available. (b) The State Department of Education is designated the state agency for purposes of the Summer Food Service Program (42 U.S.C. Sec. 1761) and shall submit to the Western Regional Office of the Food and Nutrition Service of the United States Department of Agriculture a program management and administration plan. If the plan is approved, the department shall manage and administer the program. (c) The provisions of Sections 49501.5, 49536, 49550, and 49559 do not apply to the Summer Food Service Program, as set forth in this section. (Amended by Stats. 2023, Ch. 600, Sec. 14. (SB 348) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] SECTION 49548. Source version: id_0b941e5c-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.7. (a) The state board, in order to effect compliance with legislative findings expressed in Section 49547, shall restrict the criteria for the issuance of waivers from the requirements of Section 49550 to feed children during a summer school session. A waiver shall be granted for a period not to exceed one year if either of the following conditions exists: (1) (A) A summer school session serving pupils enrolled in elementary school, as defined in clause (iii), shall be granted a waiver if a Summer Food Service Program for Children site is available within one-half mile of the schoolsite and either of the following conditions exists: (i) The hours of operation of the Summer Food Service Program for Children site commence no later than one-half hour after the completion of the summer school session day. (ii) The hours of operation of the Summer Food Service Program for Children site conclude no earlier than one hour after the completion of the summer school session day. (iii) For purposes of this subdivision, “elementary school” means a public school that maintains kindergarten or any of grades 1 to 8, inclusive. (B) A summer school session serving pupils enrolled in middle school, junior high school, or high school shall be granted a waiver if a Summer Food Service Program for Children site is available within one mile of the schoolsite and either of the following conditions exists: (i) The hours of operation of the Summer Food Service Program for Children site commence no later than one-half hour after the completion of the summer school session day. (ii) The hours of operation of the Summer Food Service Program for Children site conclude no earlier than one hour after the completion of the summer school session day. (2) (A) Serving meals during the summer school session would result in a financial loss to the school district, documented in a financial analysis performed by the school district, in an amount equal to one-third of net cash resources, as defined in Section 210.2 of Part 210 of Title 7 of the Code of Federal Regulations, which, for purposes of this article, shall exclude funds that are encumbered. If there are no net cash resources, an amount equal to the operating costs of one month as averaged over the summer school sessions. (B) The financial analysis required by subparagraph (A) shall include a projection of future meal program participation based on either of the following: (i) Commencement of a meal service period after the commencement of the summer school session day and conclusion of a meal service period before the completion of the summer school session day. (ii) Operation of a schoolsite as an open Summer Seamless Option or a Summer Food Service Program for Children site, and providing adequate notification thereof, including flyers and banners, in order to fulfill community needs under the Summer Food Service Program for Children (7 C.F.R. 225.14(d)(3)). (3) The entire summer school day is two hours or less in duration. (b) The state board and the Superintendent shall provide leadership to encourage and support schools and public agencies to participate in the Summer Food Service Program for Children, consistent with the intent of Section 49504. (c) An application for a waiver shall be submitted no later than 60 days before the last regular meeting of the state board before the commencement of the summer school session for which the waiver is sought. (Amended by Stats. 2013, Ch. 76, Sec. 44. (AB 383) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] SECTION 49548.2. Source version: id_d767c555-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.7. (a) The State Department of Education shall seek federal statutory amendments as follows: (1) To cause the Summer Food Service Program for Children to become more compatible with the National School Lunch Program by defining “enrollment” to allow flexibility in the eligibility criteria for the National School Lunch Program in order that more children can be served during school vacation periods under an ongoing school lunch-breakfast program. (2) To specifically authorize California to be a pilot for universal year-round feeding under the concept of comprehensive child nutrition programs. (b) The State Department of Education shall work to expand coordinated services for children to include comprehensive nutrition program services. (Added by Stats. 1992, Ch. 948, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 10.7. Comprehensive Nutrition Services [49547 - 49548.3] SECTION 49548.3. Source version: id_d767c557-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=10.7. The State Department of Education shall invite the United States Department of Agriculture to join the Child Nutrition and Food Distribution Division in its annual workshops and conferences to present information on the Summer Food Service Program for Children. The State Department of Education shall integrate information on the Summer Food Service Program for Children into nutritional activities, presentations, and contacts with professional groups, including the Association of California School Administrators, California Association of School Business Officials, California School Food Service Association, California Dietetic Association, and California Nutrition Council. In addition, the State Department of Education shall: (a) Assist the United States Department of Agriculture in preparing and distributing outreach materials and presentations on the Summer Food Service Program for Children that target schools, public and private nonprofit agencies, including soup kitchens, homeless feeding sites, and other charitable institutions. (b) Obtain from the United States Department of Agriculture the profile of participating agencies and then work cooperatively with that department in targeting those underserved areas for intensive outreach efforts. (c) Establish linkages with other agencies and organizations to facilitate increasing the number of Summer Food Service Program for Children sponsors. These agencies may include, but not be limited to, the California Department of Parks and Recreation, League of California Cities, County Supervisors Association of California, California Hunger Action Coalition, and other organizations. (Added by Stats. 1992, Ch. 948, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49550.3. Source version: id_5d0073d3-fcde-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) Because a hungry child cannot learn, the Legislature intends, as a state nutrition and health policy, that the federal School Breakfast Program be made available in all schools where it is needed to provide adequate nutrition for children in attendance. (b) The department, in cooperation with school districts and county superintendents of schools, shall provide information and limited financial assistance to encourage program startup and expansion into all qualified schools, as follows: (1) Provide information to school districts and county superintendents of schools concerning the benefits and availability of the federal School Breakfast Program. (2) Each year, provide additional information and financial assistance to schools in the state, in which 20 percent or more of the school enrollment consists of children who have applied and qualify for free and reduced-price meals. (c) The department shall award grants of up to fifteen thousand dollars ($15,000) per schoolsite on a competitive basis to school districts, county superintendents of schools, or entities approved by the department, limited to an amount subject to budget appropriations each fiscal year, for nonrecurring expenses incurred in initiating or expanding a school breakfast program under this section or a federal summer meals program, including the summer food service program pursuant to Article 10.7 (commencing with Section 49547) and the Seamless Summer Option component of the federal National School Lunch Program. (d) Grants awarded under this section shall be used for nonrecurring costs of initiating or expanding a school breakfast program or a federal summer meals program, including the acquisition of equipment, training of staff in new capacities, outreach efforts to publicize new or expanded school breakfast programs or federal summer meals programs, minor alterations to accommodate new equipment, computer point-of-service systems for food service, and the purchase of vehicles for transporting food to schools. Funds may not be used for salaries and benefits of staff, food, computers, except computer point-of-service systems, or capital outlay. (e) In making grant awards under this section in any fiscal year, the department shall give a preference to school districts and county superintendents of schools that do all of the following: (1) Submit to the department a plan to start or expand school breakfast programs or federal summer meals programs in the school district or the county, including a description of the following: (A) The manner in which the school district or county superintendent of schools will provide technical assistance and funding to schoolsites to expand those programs. (B) Detailed information on the nonrecurring expenses needed to initiate a program. (C) Public or private resources that have been assembled to carry out expansion of these programs during that year. (2) Agree to operate the school breakfast program or the federal summer meals program for a period of not less than three years. (3) Assure that the expenditure of funds from state and local resources for the maintenance of the school breakfast program or the federal summer meals program shall not be diminished as a result of grant awards received under this section. (f) A grant awarded under this section may be used to implement a school breakfast program that serves breakfast after the start of the schoolday. (Amended by Stats. 2018, Ch. 593, Sec. 5. (AB 3043) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49550.5. Source version: id_2b053499-fcbd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) For purposes of this section, the following definitions apply: (1) “Cafeteria fund” means the nonprofit school food service account, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations. (2) “Educational entity” means a school district, county office of education, private nonprofit school, charter school, or residential child care institution, as defined in Section 210.2 of Title 7 of the Code of Federal Regulations within the definition of “school.” (3) “Universal breakfast” means a nutritionally adequate breakfast that complies with, and qualifies for reimbursement under, the federal School Breakfast Program and that is provided to every pupil at no charge. (b) (1) Commencing with the 2019–20 school year, an educational entity that participates in the federal School Breakfast Program may, to the maximum extent practicable, provide universal breakfast. Except as provided in paragraph (2), an educational entity that seeks to use the cafeteria fund to supplement meal costs for universal breakfast shall submit to the department for approval before implementing universal breakfast pursuant to this section, on or before July 1 of each year, an application, signed by the educational entity’s governing board or governing body, certifying that the educational entity will provide breakfasts at no charge to all pupils and cover with nonfederal funds any costs of providing those breakfasts to all pupils above the amount provided in federal reimbursement. (2) The requirement to submit an application to the department in paragraph (1) does not apply to an educational entity that participates in a federally authorized provision pursuant to which the educational entity provides universal breakfast, including, but not limited to, Provision 1, 2, or 3, or the Community Eligibility Provision of the federal Richard B. Russell National School Lunch Act (42 U.S.C. Sec. 1751 et seq.). (c) Contributions that are a direct support of universal breakfast may be used to offset operation costs. These contributions may include the following: (1) Funds from the cafeteria fund. (2) Funds provided to support universal breakfast by organizations, including, but not limited to, school-related and community groups or by the city, county, city and county, or state. (Added by Stats. 2018, Ch. 593, Sec. 6. (AB 3043) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49551. Source version: id_d7694bff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. The State Board of Education shall adopt regulations prescribing standards and guidelines for carrying out the purposes of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49552. Source version: id_d7694c01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. For the purposes of this article, needy children shall be defined as those children who meet federal eligibility criteria for free and reduced price meals as defined in Section 49531, except for family day care homes which shall be reimbursed for 75 percent of the meals. The amendments to this section enacted by the Legislature in the 1982 portion of the 1981–82 Regular Session of the Legislature shall apply retroactively to July 1, 1981, to the extent that they may legally do so. (Amended by Stats. 1982, Ch. 209, Sec. 14.6. Effective May 20, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49553. Source version: id_763caf49-55ba-11de-a30b-fa9346123419 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) A nutritionally adequate meal, for the purposes of this article, is a breakfast or lunch as defined in Section 49531 that qualifies for reimbursement under the federal child nutrition program regulations. (b) (1) (A) For the purposes of special school nutrition supplements provided to pregnant or lactating pupils under Section 49559, protein and grain meal components for any given day shall, together, offer a total of five ounces of protein, one ounce of which shall be cheese or eight ounces of milk and three servings from the grain group, preferably whole and nutritious grains. This may be accomplished by adding one ounce of protein and one serving from the grain group at breakfast or serving these as a snack, and by adding one or two ounces of protein, one ounce of which shall be cheese or eight ounces of milk, to lunch, or by offering a morning supplement consisting of two or three ounces of protein, one ounce of which must be cheese, or eight ounces of milk, and one or two servings from the grain group. (B) Meal components where only breakfast is served shall be increased to a total including one ounce of protein and two servings from the grain group, preferably whole and nutritious grains. (C) Where both breakfast and lunch are provided, they shall, together, provide a total of five ounces of protein foods, one ounce of which shall be cheese, three servings from the grain group, preferably whole and nutritious grains, one and one-fourth cups from the fruit and vegetable group, and one pint from the milk group. (2) The following options shall be allowed: (A) One cup of fruit in place of one serving of the grain group, once a week. (B) One cup of yogurt, made with pasteurized milk, in place of eight ounces of milk or one ounce of cheese, up to two times per week. (Amended (as amended by Stats. 1998, Ch. 1078) by Stats. 2002, Ch. 1168, Sec. 34. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49554. Source version: id_d76ad2a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. Any school district or county superintendent of schools which has had no food service employees since July 1, 1977, or has inadequate or no food preparation facilities as determined by the State Department of Education, and is, therefore, unable to provide a nutritionally adequate breakfast or lunch, or both, may contract for the preparation, delivery, and service of those meals. Any contract for the preparation, delivery, and service of meals shall not be deemed to establish food service positions for the purposes of Section 39902. Prior to contracting for preparation, delivery, and service of such meals, a school district shall certify to the State Department of Education that no school district in the county nor the county superintendent of schools has the facilities and is willing to furnish those services. (Amended by Stats. 1982, Ch. 613, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49556. Source version: id_0bda2c87-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. The Superintendent shall supervise the implementation of this article and shall investigate acts of alleged noncompliance. If the Superintendent finds that a school district or county superintendent of schools has failed to comply with this article, the Superintendent shall certify the noncompliance. The Superintendent shall conduct an investigation as may be necessary to document the noncompliance. The Superintendent, in the Superintendent’s discretion, shall seek injunctive relief to secure compliance with this article. (Amended by Stats. 2021, Ch. 666, Sec. 45. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49557. Source version: id_1931d1b3-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) (1) The governing board of a school district and the county superintendent of schools shall make paper applications for free or reduced-price meals available to pupils at all times during each regular schoolday, and may also make an application electronically available online, provided that the online application complies with paragraph (3). Pursuant to federal and state guidelines, the application shall contain clear instructions for families that are homeless or are migrants, and shall also contain, in at least 8-point boldface type, each of the following statements: (A) Applications for free and reduced-price meals may be submitted at any time during a schoolday. (B) Children participating in the federal National School Lunch Program will not be overtly identified by the use of special tokens, special tickets, special serving lines, separate entrances, separate dining areas, or by any other means. (2) A school district and the county superintendent of schools shall use all other paper applications it has for free or reduced-price meals before utilizing the applications pursuant to this subdivision. (3) If a governing board of a school district, a county office of education, or a school food authority chooses to provide access to an online application for free or reduced-price meals pursuant to paragraph (1), the online application shall comply with all of the following requirements: (A) Include a link to the Internet Web site on which translated applications are posted by the United States Department of Agriculture, with instructions in that language that inform the applicant how to submit the application. The Legislature finds and declares that federal guidelines require school food authorities to accept and process these applications if they are submitted to the school food authority. (B) Require completion of only those questions that are necessary for determining eligibility. (C) Include clear instructions for families that are homeless or are migrants. (D) Comply with the privacy rights and disclosure protections established by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Children’s Online Privacy Protection Act of 1998 (Public Law 105-277). (E) Include links to all of the following: (i) The online application to CalFresh. (ii) The online single state application for health care. (iii) The Internet Web page maintained by the State Department of Public Health entitled “About WIC and How to Apply,” or another Internet Web page identified by the State Department of Public Health that connects families to the Special Supplemental Nutrition Program for Women, Infants and Children. (iv) The Internet Web site of a summer lunch program authorized to participate within the city or school district. (F) No online application for free or reduced-price meals shall be made available online or made accessible online by a school district, a county office of education, or a school food authority if the online application allows for the information provided by an applicant to be used by a private entity for any purpose not related to the administration of a school food program, or if the online application requires an applicant to waive any right or to create a user account in order to submit the application. (b) The governing board of each school district and each county superintendent of schools shall formulate a plan, which shall be mailed to the State Department of Education for its approval, that will ensure that children eligible to receive free or reduced-price meals and milk shall not be treated differently from other children. These plans shall ensure each of the following: (1) Unless otherwise specified, the names of the children shall not be published, posted, or announced in any manner, or used for any purpose other than the federal National School Lunch Program. (2) There shall be no overt identification of any of the children by the use of special tokens or tickets or by any other means. (3) The children shall not be required to work for their meals or milk. (4) The children shall not be required to use a separate dining area, go through a separate serving line, enter the dining area through a separate entrance, or consume their meals or milk at a different time. (c) When more than one lunch or breakfast or type of milk is offered pursuant to this article, the children shall have the same choice of meals or milk that is available to those children who pay the full price for their meal or milk. (Amended by Stats. 2015, Ch. 390, Sec. 2. (SB 708) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49557.1. Source version: id_d76c594b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. In making available to pupils the application for participation in the free or reduced-price meal program provided for under subdivision (a) of Section 49557, each school district and county superintendent of schools is encouraged to include information that parents may use to request information concerning the Medi-Cal program administered pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, and the Healthy Families Program, administered pursuant to Part 6.2 (commencing with Section 12693) of Division 2 of the Insurance Code. School districts and county superintendents of schools are encouraged to perform this task in the most cost-beneficial manner. (Added by Stats. 2000, Ch. 93, Sec. 1. Effective July 7, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49557.2. Source version: id_61f126e0-898f-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) (1) At the option of the school district or county superintendent, and to the extent necessary to implement Section 14005.41 of the Welfare and Institutions Code, the following information may be incorporated into the School Lunch Program application packet or notification of eligibility for the School Lunch Program using simple and culturally appropriate language: (A) A notification that if a child qualifies for free school lunches, then the child may qualify for free or reduced-cost health coverage. (B) A request for the applicant’s consent for the child to participate in the Medi-Cal program, if eligible for free school lunches, and to have the information on the school lunch application shared with the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program. (C) A notification that the school district will not forward the school lunch application to the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program, without the consent of the child’s parent or guardian. (D) A notification that the school lunch application is confidential and, with the exception of forwarding the information for use in health program enrollment upon the consent of the child’s parent or guardian, the school district will not share the information with any other governmental agency, including the federal Department of Homeland Security and the Social Security Administration. (E) A notification that the school lunch application information will only be used by the entity designated by the State Department of Health Care Services to make an accelerated determination and the state and local agencies that administer the Medi-Cal program for purposes directly related to the administration of the Medi-Cal program and will not be shared with other governmental agencies, including the federal Department of Homeland Security and the Social Security Administration for any purpose other than the administration of the Medi-Cal program. (F) Information regarding the Medi-Cal program, including available services, program requirements, rights and responsibilities, and privacy and confidentiality requirements. (2) The department, in consultation with school districts, county superintendents of schools, consumer advocates, counties, the State Department of Health Care Services, and other stakeholders, shall make recommendations regarding the School Lunch Program application, on or before February 1, 2003. The recommendations shall include specific changes to the School Lunch Program application materials as necessary to implement Section 14005.41 of the Welfare and Institutions Code, information for staff as to how to implement the changes, and a description of the process by which information on the School Lunch Program application will be shared with the county, as the local agency that determines eligibility under the Medi-Cal program. (3) At the option of the school, the request for consent in subparagraph (B) of paragraph (1) may be modified so that the parent or guardian can also consent to allowing Medi-Cal to inform the school as provided in subdivision (n) of Section 14005.41 of the Welfare and Institutions Code when followup is needed in order to complete the Medi-Cal application process. (b) (1) School districts and county superintendents of schools may implement a process to share information provided on the School Lunch Program application with the entity designated by the State Department of Health Care Services to make an accelerated determination and with the local agency that determines eligibility under the Medi-Cal program, and shall share this information with those entities, if the applicant consents to that sharing of information. Schools may designate, only as necessary to implement this section, nonfood service staff to assist in the administration of free, reduced price, or paid school lunch applications that have applicant consent, but only if that designation does not displace or have an adverse effect on food service staff. This information may be shared electronically, physically, or through whatever method is determined appropriate. (2) If a school is aware that a child, who has been found eligible for free school lunches under the National School Lunch Program, and for whom the parent or guardian has consented to share the information provided on the application, already has an active Medi-Cal or Healthy Families case, the application shall not be processed for an accelerated determination but shall be forwarded to the local agency that determines eligibility under the Medi-Cal program pursuant to Section 14005.41 of the Welfare and Institutions Code. The school shall notify the parent or guardian of the child’s ineligibility for an accelerated Medi-Cal determination due to the current eligibility status and that the child’s application will be forwarded to the county pursuant to this section. The notice shall include a statement, with contact information, advising the parent or guardian to contact the Medi-Cal or Healthy Families programs regarding the child’s eligibility status. (3) Each school district or county superintendent that chooses to share information pursuant to this subdivision shall enter into a memorandum of understanding with the local agency that determines eligibility under the Medi-Cal program, that sets forth the roles and responsibilities of each agency and the process to be used in sharing the information. (4) The local agency that determines eligibility under the Medi-Cal program shall only use information provided by applicants on the school lunch application for purposes directly related to the administration of the Medi-Cal program. (5) After school districts share information regarding the school lunch application with the entity designated by the State Department of Health Care Services to make an accelerated determination and the local agency that determines eligibility under the Medi-Cal program, for the purpose of determining Medi-Cal program eligibility, the local agency and the school district shall not share information about school lunch participation or the Medi-Cal program eligibility information with each other except as specifically authorized under subdivision (n) of Section 14005.41 of the Welfare and Institutions Code and other provisions of law. (c) Effective July 1, 2005, the notifications and consent referenced in subdivision (a) and the procedures set out in subdivision (b) shall include the Healthy Families Program and any relevant county- and local-sponsored health insurance programs as necessary to implement Section 14005.41 of the Welfare and Institutions Code. (d) Effective January 1, 2014, the notifications referenced in subdivision (a) shall do all of the following: (1) Advise the applicant that the applicant may be eligible for reduced-cost comprehensive health care coverage through the California Health Benefit Exchange. (2) Advise that, if the applicant’s family income is low, the applicant may be eligible for no-cost coverage through Medi-Cal. (3) Provide the applicant with the contact information for the California Health Benefit Exchange, including its Internet Web site and telephone number. (4) Comply with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and any other applicable federal or state disabled access law. (e) If a school district finds that the child is eligible for reduced price or paid meals under the National School Lunch Program and consent was provided as described in subdivision (b), the entity designated by the State Department of Health Care Services to make an accelerated determination shall notify the parent or guardian of the child’s ineligibility for an accelerated Medi-Cal determination pursuant to Section 14005.41 of the Welfare and Institutions Code. The notification shall include information on other available health programs for which the child may be eligible. (f) A school district may also include the notifications in the notifications at the beginning of the first semester or quarter of the regular school term required pursuant to Section 48980. (g) Upon receipt of information provided on the School Lunch Program application pursuant to this section, for a pupil who is not already enrolled in a health insurance affordability program, the county shall treat the School Lunch Program application as an application for a health insurance affordability program. For purposes of administration of the Medi-Cal program, the application date shall be the date that the School Lunch Program application is received by the county human services department. The county shall take no further action if it determines that the pupil is already enrolled in a health insurance affordability program. (Amended by Stats. 2014, Ch. 71, Sec. 40. (SB 1304) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49557.3. Source version: id_15a84061-3178-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) Each school district or county office of education, at its option, may enter into a memorandum of understanding with the local agency that determines CalFresh program eligibility, or its designee, to share information provided on the School Lunch Program application with that agency, if the child is approved for free meals or, if included in the memorandum of understanding, reduced-price meals, and if the applicant consents to the sharing of that information. The information may be shared electronically, physically, or through whatever method is determined appropriate. Any memorandum of understanding entered into pursuant to this section shall set forth the roles and responsibilities of the school district or county office of education and the local agency, and the process to be used in sharing the information. (b) The local agency that determines CalFresh program eligibility shall use information provided on a School Lunch Program application only for purposes directly related to the enrollment of families in the CalFresh program. (c) The School Lunch Program application is confidential, and, with the exception of forwarding the information on the application for use in CalFresh program enrollment consistent with Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code upon the consent of the pupil’s parent or guardian, the school district, county superintendent of schools, or CalFresh program administrators shall not share the information with any other governmental agency, including the federal Immigration and Naturalization Service and the Social Security Administration, or use the information for any purpose other than enrollment in the CalFresh program. (d) After a school district or county office of education shares information provided on a School Lunch Program application with the local agency that determines CalFresh program eligibility, or its designee, for the purpose of determining the applicant’s eligibility for the CalFresh program, the school district or county office of education and the local agency, or its designee, shall not share information about the applicant or his or her household with each other, or any other entity, unless specifically authorized to do so pursuant to other provisions of law. (Added by Stats. 2011, Ch. 504, Sec. 1. (AB 402) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49557.4. Source version: id_3803c852-2b76-11ec-933a-ad390f1f0ee9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) Notwithstanding Sections 49076, 49557.3, and 49558, and accompanying regulations, the State Department of Education and the State Department of Social Services may share data for the limited purpose of administering the Pandemic Electronic Benefit Transfer (P-EBT) food benefit program established pursuant to Public Law 116-127, including, but not limited to, identifying eligible students and evaluating program outcomes. (b) The authority provided by this section shall continue until the P-EBT program established pursuant to Public Law 116-127 has been terminated pursuant to federal law or federal approval to administer the program has expired. (Added by Stats. 2021, Ch. 696, Sec. 2. (AB 172) Effective October 8, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49557.5. Source version: id_07b35d19-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) For purposes of this section, “local educational agency” means a school, school district, county office of education, or charter school. (b) (1) A local educational agency shall ensure that a pupil is not denied an available reimbursable meal of the pupil’s choice and is not shamed or treated differently from other pupils due to the pupil’s eligibility for free or reduced-price meals. This paragraph does not prohibit a school from serving an alternative reimbursable meal to a pupil who may need one for dietary or religious reasons, or as a regular menu item. (2) If a local educational agency is required to provide to the department or to the United States Department of Agriculture a copy of the meal charge policy required pursuant to memorandum SP 46-2016 issued by the United States Department of Agriculture, the local educational agency or governing board or body of the local educational agency, as applicable, shall make that policy public. (c) School personnel and volunteers at a local educational agency that serves nutritionally adequate meals to pupils during the instructional day shall not allow any disciplinary action that is taken against a pupil to result in the denial or delay of a nutritionally adequate breakfast or a nutritionally adequate lunch, as defined in Section 49553, to that pupil. (d) A local educational agency shall not take any action directed at a pupil to collect school meal fees. (e) This section shall only apply to a local educational agency that provides school meals through the federal National School Lunch Program or the federal School Breakfast Program. (Amended by Stats. 2023, Ch. 600, Sec. 16. (SB 348) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49557.6. Source version: id_27c366a9-20c4-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. Notwithstanding Sections 49076, 49557.3, and 49558, and accompanying regulations, the State Department of Education and the State Department of Social Services may share data for the limited purpose of administering the federal Summer Electronic Benefit Transfer for Children (Summer EBT) program established pursuant to Section 1762 of Title 42 of the United States Code, including, but not limited to, identifying eligible students and evaluating program outcomes. (Added by Stats. 2023, Ch. 43, Sec. 1. (AB 120) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49558. Source version: id_964518d5-fcde-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) All applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any provision of this code relating to free or reduced-price meal eligibility shall be confidential, and may not be open to examination for any purpose not directly connected with the administration of any free or reduced-price meal program, or any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any free or reduced-price meal program. (b) Notwithstanding subdivision (a), a public officer or agency may allow school district employees, who are authorized by the governing board of the school district, to disclose from the individual meal records only the pupil’s name and school meal eligibility status, solely for purposes of disaggregation of academic achievement data or to identify pupils eligible for public school choice and direct pupil services pursuant to the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), if the public agency ensures the following: (1) The public agency has adopted a policy that allows for the use of individual records for these purposes. (2) No individual indicators of participation in any free or reduced-price meal program are maintained in the permanent record of any pupil, unless otherwise allowed by law. (3) No public release of information regarding individual pupil participation in any free or reduced-price meal program is permitted. (4) All other confidentiality provisions required by law are met. (5) The information collected regarding individual pupils certified to participate in the free or reduced-price meal program is destroyed when it is no longer needed for its intended purpose. (c) Notwithstanding subdivision (a), the school districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the Medi-Cal program if the child is approved for free meals and if the applicant consents to the sharing of information pursuant to Section 49557.2. (d) Notwithstanding subdivision (a), the school districts and county superintendents of schools may release information on the School Lunch Program application to the local agency that determines eligibility under the CalFresh program or to an agency that determines eligibility for nutrition assistance programs authorized by Chapter 2 (commencing with Section 210.1) of Subtitle B of Title 7 of the Code of Federal Regulations, if the child is approved for free or reduced-price meals and if the applicant consents to the sharing of information pursuant to Section 49557.3. (e) Notwithstanding subdivision (a), a school district, charter school, or county office of education may release the name and eligibility status of a pupil participating in the free or reduced-price meal program as follows: (1) To the Superintendent for purposes of determining funding allocations under the local control funding formula and for assessing the accountability of that funding. (2) Upon request, to another school district, charter school, or county office of education that is serving a pupil living in the same household as an enrolled pupil for purposes related to free or reduced-price meal program eligibility and for data used in local control funding formula calculations. (f) Information released pursuant to subdivision (c), (d), or (e) shall adhere to all of the following requirements: (1) Individual indicators of participation in a free or reduced-price meal program shall not be maintained in the permanent record of any pupil, unless otherwise authorized by law. (2) The public release of information regarding individual pupil participation in a free or reduced-price meal program is not permitted. (3) All other confidentiality requirements imposed by law or regulation are met. (Amended by Stats. 2018, Ch. 669, Sec. 10. (AB 1661) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49559. Source version: id_0d20fb4b-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) Any school food authority that participates in a federal child nutrition program and is reimbursed pursuant to subdivision (b) of Section 49501.5 for meals served pursuant to this article may be reimbursed at the current rate as determined by the State Department of Education, pursuant to subdivision (d). If the sum appropriated for purposes of this section is not sufficient to make the allowances specified by this section, the allowances shall be reduced proportionately. This rate shall be in addition to the reimbursement currently provided under Section 49536. The additional funds shall be used exclusively to supplement the meals served pursuant to Section 49501.5. (b) The State Department of Education shall make allowances to school food authorities from the General Fund on at least a quarterly basis. Program providers shall submit claims to the department within 60 days after the close of each claim month. Within 45 calendar days of submission of a timely and valid claim, the State Department of Education shall tender reimbursement. (c) (1) The State Department of Education shall, upon enactment of the annual Budget Act, prescribe an adjustment in the state meal contribution rates for the next fiscal year. The adjustments shall reflect the changes in the cost of operating a school breakfast, snack, and lunch program and shall be effective July 1 of each year. The adjustment shall be based on the average of the separate indices of the “Food Away From Home Index” for Los Angeles and San Francisco, as prepared by the United States Bureau of Labor Statistics. (2) In giving effect to the cost-of-living provisions of this subdivision, the State Department of Education shall prescribe a calendar month for the computation of the percentage change in the cost of living after July 1, 1985. The same month shall be used annually thereafter. The product of any percentage increase or decrease in the average index and the per meal reimbursement disbursement rate shall be adjusted by the amount of any cost-of-living change currently in effect pursuant to this subdivision. For the purposes of this subdivision, state reimbursement shall be made for the breakfast or lunch that qualifies for reimbursement pursuant to the nutritional requirements of Section 49553. (Amended by Stats. 2023, Ch. 600, Sec. 17. (SB 348) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49560. Source version: id_d76ddff5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. The child nutrition programs operated pursuant to Section 49559 shall maintain a data base as specified by the Superintendent of Public Instruction for purposes of program evaluation. From the funds appropriated in Section 4 of this act, an amount not to exceed 5 percent may be used for administrative expenses incurred by the State Department of Education, including administrative costs incurred in the collection of the data. (Added by Stats. 1985, Ch. 1482, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49561. Source version: id_05b93ad6-e419-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) The department shall create a computerized data matching system using existing databases from the department and the State Department of Health Care Services to directly certify recipients of CalFresh, the California Work Opportunity and Responsibility to Kids program (the CalWORKs program) (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), and other programs authorized for direct certification under federal law for enrollment in the federal National School Lunch Program and the federal School Breakfast Program. (b) The department shall design a process using an existing agency database that will conform with data from the State Department of Health Care Services to meet the direct certification requirements of the federal National School Lunch Act, as amended, pursuant to Chapter 13 (commencing with Section 1751) of Title 42 of the United States Code, and the federal Child Nutrition Act of 1966, as amended, pursuant to Chapter 13A (commencing with Section 1771) of Title 42 of the United States Code. (c) The department shall design a process using computerized data pursuant to subdivision (a) that will maximize enrollment in school meal programs and improve program integrity while ensuring that pupil privacy safeguards remain in place. The State Department of Health Care Services or the department shall conduct the data match of local school records to determine program eligibility, as required by federal law. Use of any data by the department in the data match process shall conform with the privacy and confidentiality protections identified in paragraph (1) of subdivision (d). (d) (1) Each state agency identified in subdivision (a) is responsible for the maintenance and protection of data received by the respective agency. The state agency that possesses the data shall follow privacy and confidentiality procedures consistent with all applicable state and federal law. Additionally, each state agency involved in the data match process shall amend any applicable existing agreements before the department may conduct the data match pursuant to subdivision (c). Before a state agency provides the department with data to conduct a data match, the department and that state agency shall execute a written agreement that outlines the use of the data in the data match process and incorporates privacy and confidentiality procedures consistent with all applicable state and federal law. To the extent permitted by state and federal law, the department and the State Department of Health Care Services may review the data only for the purposes of improving the effectiveness of the data matches made pursuant to this section and Section 49562. (2) Notwithstanding Section 10850 of the Welfare and Institutions Code, data that identify applicants for, or recipients of, public social services, may be transferred from existing databases maintained by the State Department of Health Care Services, in order to directly certify recipients of CalFresh, the CalWORKs program, and other programs authorized for direct certification under federal law, in compliance with subdivision (a). The Legislature hereby finds and declares that this paragraph is declaratory of existing law. (e) The department shall determine the availability of and request or apply for, as appropriate, federal funds to assist the state in implementing new direct certification requirements mandated by federal law. (f) This section shall become operative upon receipt of federal funds to assist the state in implementing new direct certification requirements mandated by federal law. (Amended by Stats. 2017, Ch. 91, Sec. 1. (AB 1502) Effective January 1, 2018. Section conditionally operative as provided in subd. (f).) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49562. Source version: id_1032ff59-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) The department, in consultation with the State Department of Health Care Services, shall develop and implement a process to use the participation data from the Medi-Cal program administered pursuant to Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, to verify income as established in the federal Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265) and, to the extent permitted under federal law, directly certify children whose families meet the applicable income criteria into the school meal program. (b) The department shall share the participation data described in subdivision (a) with local educational agencies. A local educational agency that participates in a federal school meal program shall use the participation data described in subdivision (a), commencing with the participation data of pupils in the 2017–18 school year, to directly certify pupils eligible for free and reduced-price school meals, to the extent permitted under federal law. (c) In the operation of this process, the department shall limit the information needed from the State Department of Health Care Services to identify families whose income falls below the eligibility cutoff for free or reduced-price meals, and utilize the least amount of information needed to facilitate a match of local school records. The State Department of Health Care Services shall conduct the data match of local school records and return a list to the department, including only the data fields submitted by the department and an indicator of program eligibility, as required by federal law. (d) The department and the State Department of Health Care Services shall design this process to maintain pupil privacy and the privacy of Medi-Cal recipients by establishing privacy and confidentiality procedures consistent with all applicable state and federal laws. Local educational agencies shall maintain pupil privacy and the privacy of Medi-Cal recipients through privacy and confidentiality procedures consistent with applicable state and federal laws. The department and local educational agencies shall utilize appropriate technical and security safeguards to ensure any Medi-Cal participation data is protected, consistent with applicable state and federal laws. To the extent permitted by state and federal law, the department and the State Department of Health Care Services may review the data only for the purposes of improving the effectiveness of the data matches made pursuant to this section and Section 49561. (e) (1) The participation data described in subdivision (a) is exempt from the disclosure requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The participation data described in subdivision (a) shall be used only for the purposes of direct certification pursuant to this section, shall not be open to the public for inspection, and shall not be disclosed to any other party without the written consent of the parent or legal guardian of the pupil, except for the purpose of directly certifying pupils for free and reduced-price meals pursuant to this section or as otherwise required or authorized by law or state or federal court order. (2) This subdivision does not prohibit the disclosure of aggregate data that does not reveal personally identifying information about a pupil or a pupil’s family. (f) The department specifically shall ensure that the process, and use and sharing of participation data from the Medi-Cal program, conforms to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5) and its implementing regulations, and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), by using strategies employed by other states’ Medicaid verification projects or by developing a new strategy that ensures conformity. If applicable, Medi-Cal participation data shall also be subject to Section 49602 and its implementing regulations. (g) The department shall seek all necessary approvals to establish this process and shall apply for available federal funds to support the work of this process. (h) This section shall become operative upon the receipt of federal funds to assist the state in implementing the provisions of this section. (Amended by Stats. 2021, Ch. 615, Sec. 72. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615. Section conditionally operative as provided in its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49563. Source version: id_726ac968-e410-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) For purposes of this section, the following terms have the following meanings: (1) “Buy American provision” means the provision requiring a school food authority to purchase, to the maximum extent practicable, domestic commodities or products, as specified in subdivision (n) of Section 1760 of Title 42 of the United States Code. (2) “Domestic” means an agricultural commodity that is produced in the United States and a food product that is processed in the United States using substantial agricultural commodities that are produced in the United States. (3) “Substantial” means over 51 percent of the final processed product consists of agricultural commodities grown domestically. (4) “School food authority” has the same meaning as defined in Section 210.2 of Title 7 of the Code of Federal Regulations. (b) In order to monitor school food authorities’ compliance with the Buy American provision, the department shall fulfill its obligations in accordance with the federal regulations. (c) The department shall make requirements, resources, and best practices for the Buy American provision available on its Internet Web site. (d) The department shall distribute to school food authorities guidance or regulations from the United States Department of Agriculture for the Buy American provision, as updates are issued. (e) The requirements of this section shall be operative only if mandated by federal law. (Added by Stats. 2017, Ch. 571, Sec. 2. (SB 730) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49564.3. Source version: id_cb521da7-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. (a) For purposes of this section, a “high-poverty school” is a school that enrolls pupils in kindergarten or in any of grades 1 to 12, inclusive, and is eligible to operate under the Community Eligibility Provision, pursuant to Section 1759a of Title 42 of the United States Code. (b) (1) In order to provide pupils in high-poverty schools with optimal nutrition for learning and to ensure that schools receive the maximum federal meal reimbursement, a school district or a county superintendent of schools shall provide breakfast and lunch free of charge to all pupils at a high-poverty school pursuant to this section. (2) (A) On or before June 30, 2022, a school district or county superintendent of schools that has a high-poverty school with an identified student percentage of 40 percent or more in its jurisdiction shall apply to operate a federal universal meal service provision, which may include, but is not limited to, the Community Eligibility Provision or Provision 2, pursuant to Section 1759a of Title 42 of the United States Code. (B) Nothing in this paragraph shall prohibit a school district or a county superintendent of schools from participating in a federal universal meal service provision if a high-poverty school in its jurisdiction has an identified student percentage of less than 40 percent. (3) A school district or county superintendent of schools shall begin providing a universal meal service pursuant to Section 1759a of Title 42 of the United States Code to all pupils at a high-poverty school upon state approval to operate a universal meal service. (c) The department shall provide technical assistance to school districts and county superintendents of schools for the purpose of maximizing the number of schools within each local educational agency to be eligible for the Community Eligibility Provision, pursuant to Section 1759a of Title 42 of the United States Code. (d) For purposes of this section, a charter school shall be considered a high-poverty school only if it participates in the federal National School Lunch Program or the federal School Breakfast Program, or both, and meets the description in subdivision (a). A charter school that is a high-poverty school shall comply with the requirements specified in subdivision (b). (Amended by Stats. 2024, Ch. 38, Sec. 59. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 11. Meals for Needy Pupils in Kindergarten and Grades 1 to 12 [49550.3 - 49564.5] SECTION 49564.5. Source version: id_9d0f13bc-e410-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=11. In order to ensure optimal access to nutrition, facilitate the use of the federal Community Eligibility Provision (42 U.S.C. Sec. 1759a), and further reduce the burden of collecting annual unduplicated pupil income data through free and reduced-price school meal applications, a school district or county superintendent of schools may determine a pupil’s eligibility for free and reduced-price school meals based on data including the direct certification match and alternative measures of poverty pursuant to Section 42238.01 for purposes of the local control funding formula, paragraph (5) of subdivision (a) of Section 6313 of Title 20 of the United States Code, and Section 54.505 of Title 47 of the Code of Federal Regulations. (Added by Stats. 2017, Ch. 724, Sec. 4. (SB 138) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 12. National School Lunch Act [49570 - 49571] SECTION 49570. Source version: id_d76ddff9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=12. Each school district, county superintendent of schools, and other public or private entity that participates in programs under the National School Lunch Act, as amended, and as prescribed by Chapter 13 (commencing with Section 1751) of Title 42 of the United States Code, may, if consistent with federal law, offer whole milk, in addition to other kinds of milk, if federal regulations require a lunch eligible for federal cash reimbursement under the act to contain unflavored, fluid lowfat milk, skim milk, or buttermilk. (Added by Stats. 1980, Ch. 930, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 12. National School Lunch Act [49570 - 49571] SECTION 49571. Source version: id_30c763eb-0c97-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=12. (a) The Legislature finds and declares that the state strives to serve National School Lunch Program meals of the highest quality and greatest nutritional value possible. (b) Upon appropriation by the Legislature, and contingent upon allocations provided by the federal Consolidated Appropriations Act, the department shall provide a state matching grant of up to one hundred thousand dollars ($100,000) to a school food authority participating in the federal National School Lunch Program that applies for and is awarded a federal Equipment Assistance Grant for School Food Authorities from the department in its administration of the federal National School Lunch Program. The state appropriation shall be for a minimum of two years and shall align with the United States Department of Agriculture National School Lunch Program Equipment Grant for School Food Authorities terms and conditions, period of performance, criteria, timelines, and procurement and funding expenditure requirements. (c) A school food authority may use the federal and state grants for up to five individual schoolsites or may combine the federal and state grants for one purpose, such as creating a centralized industrial kitchen. The state matching assistance grant shall be competitively awarded and shall align with the federal equipment assistance grant requirements pursuant to subdivision (b). Unspent state matching grant funds shall be retained by the department for one or more additional equipment grants, subject to the same requirements. (Amended by Stats. 2019, Ch. 497, Sec. 71. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 13. Food Recovery Program [49580 - 49581] SECTION 49580. Source version: id_3cedc544-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=13. For purposes of this article, the following terms have the following meanings: (a) “Food” has the same meaning as in Section 113781 of the Health and Safety Code. (b) “Food bank” has the same meaning as in Section 113783 of the Health and Safety Code. (c) “Nonprofit charitable organization” has the same meaning as in Section 113841 of the Health and Safety Code. (Added by Stats. 2017, Ch. 285, Sec. 1. (SB 557) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 13. Food Recovery Program [49580 - 49581] SECTION 49581. Source version: id_3cedc546-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=13. The department shall update its guidance on the donation of leftover food to allow a public school cafeteria to donate food to a food bank or to any other nonprofit charitable organization for distribution to persons free of charge or to make leftover food available to pupils during the course of a regular school meal time that is consistent with Section 114079 of the Health and Safety Code. (Added by Stats. 2017, Ch. 285, Sec. 1. (SB 557) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 14. School Nutrition Report [49590- 49590.] SECTION 49590. Source version: id_cfb7d2b7-fcde-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=14. The Legislature finds and declares that the State of California strives to serve food of the highest quality and greatest nutritional value possible. The department shall monitor schools participating in the federal National School Lunch Program or federal School Breakfast Program to ensure that the nutrition levels of meals served to schoolage children qualify those meals for reimbursement under the federal child nutrition program regulations as nutritionally adequate breakfasts and nutritionally adequate lunches, as defined in subdivision (b) of Section 49531. (Amended by Stats. 2018, Ch. 593, Sec. 7. (AB 3043) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49422. Source version: id_d7479369-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) No physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse not employed in that capacity by the State Department of Health Services, shall be, nor shall any other person be, employed or permitted to supervise the health and physical development of pupils unless he or she holds a services credential with a specialization in health or a valid credential issued prior to the operative date of Section 25 of Chapter 557 of the Statutes of 1990. (b) Any psychologist employed pursuant to Section 49400 and this article shall hold a school psychologist credential, a general pupil personnel services credential authorizing service as a school psychologist, a standard designated services credential with a specialization in pupil personnel services authorizing service as a psychologist, or a services credential issued by the State Board of Education or Commission on Teacher Credentialing. (c) The services credential with a specialization in health authorizing service as a school nurse shall not authorize teaching services unless the holder also completes the requirements for a special class authorization in health in a program that is approved by the commission. (d) No physician employed by a district to perform medical services pursuant to Section 44873, who meets the requirements of that section, shall be required to hold a credential issued by the State Board of Education or commission. (e) (1) Notwithstanding Section 2910 of the Business and Professions Code, no person who is an employee of a school district shall administer psychological tests or engage in other psychological activities involving the application of psychological principles, methods, or procedures unless at least one of the following applies: (A) The person holds a valid and current credential as a school psychologist issued by the Commission on Teacher Credentialing that permits the holder to administer psychological testing to, or engage in psychological activities with, pupils. (B) Psychological assistants or school psychology interns perform the testing or activities under the supervision of a person who holds a credential described in subparagraph (A). (C) This section does not preclude appropriately credentialed school personnel including, but not limited to, holders of a pupil personnel services credential, health services credential, or special education personnel, from performing the duties consistent with the training standards established by the Commission on Teacher Credentialing for the credential held. (2) The application of these principles and methods includes, but is not restricted to, procedures on interviewing, psychoeducational assessment, diagnosis of specific learning and behavioral disabilities, and amelioration of learning and behavioral problems of individuals or groups. (3) The person conducting a test or other assessment shall be qualified in accordance with the requirements established by the producer of the assessment instrument and shall follow all ethical requirements for the use of the test or assessment as prescribed by the appropriate professional organization. (f) This section shall not be construed to affect any lawfully contracted mental health professional licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code from performing services within the scope of his or her employment. (Amended by Stats. 1996, Ch. 661, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49423. Source version: id_8a25e368-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) Notwithstanding Section 49422, any pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician and surgeon or ordered for the pupil by a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, may be assisted by the school nurse or other designated school personnel, or may carry and self-administer a prescription epinephrine delivery system, if the local educational agency receives the appropriate written statements identified in subdivision (b). (b) (1) In order for a pupil to be assisted by a school nurse or other designated school personnel pursuant to subdivision (a), the local educational agency shall obtain both a written statement from the physician and surgeon or physician assistant detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken and a written statement from the parent, foster parent, or guardian of the pupil indicating the desire that the local educational agency assist the pupil in the matters set forth in the statement of the physician and surgeon or physician assistant. (2) In order for a pupil to carry and self-administer a prescription epinephrine delivery system pursuant to subdivision (a), the local educational agency shall obtain both a written statement from the physician and surgeon or physician assistant detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken, and confirming that the pupil is able to self-administer the epinephrine delivery system, and a written statement from the parent, foster parent, or guardian of the pupil consenting to the self-administration, providing a release for the school nurse or other designated school personnel to consult with the health care provider of the pupil regarding any questions that may arise with regard to the medication, and releasing the local educational agency and school personnel from civil liability if the self-administering pupil suffers an adverse reaction as a result of self-administering medication pursuant to this paragraph. (3) The written statements specified in this subdivision shall be provided at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes. (c) A pupil may be subject to disciplinary action pursuant to Section 48900 if that pupil uses an epinephrine delivery system in a manner other than as prescribed. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2025, Ch. 322, Sec. 3. (SB 568) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49423.1. Source version: id_0f3ea495-0c97-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) Notwithstanding Section 49422, a pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician or surgeon, may be assisted by the school nurse or other designated school personnel or may carry and self-administer inhaled asthma medication if the school district receives the appropriate written statements specified in subdivision (b). (b) (1) In order for a pupil to be assisted by a school nurse or other designated school personnel pursuant to subdivision (a), the school district shall obtain both a written statement from the physician or surgeon detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken and a written statement from the parent, foster parent, or guardian of the pupil requesting that the school district assist the pupil in the matters set forth in the statement of the physician or surgeon. (2) (A) In order for a pupil to carry and self-administer prescription inhaled asthma medication pursuant to subdivision (a), the school district shall obtain both a written statement from the physician or surgeon detailing the name of the medication, method, amount, and time schedules by which the medication is to be taken, and confirming that the pupil is able to self-administer inhaled asthma medication, and a written statement from the parent, foster parent, or guardian of the pupil consenting to the self-administration, providing a release for the school nurse or other designated school personnel to consult with the health care provider of the pupil regarding any questions that may arise with regard to the medication, and releasing the school district and school personnel from civil liability if the self-administering pupil suffers an adverse reaction by taking medication pursuant to this section. (B) (i) A school district shall accept the written statement from a physician or surgeon, as specified in this paragraph, from a physician or surgeon who is contracted with a health plan licensed pursuant to Section 1351.2 of the Health and Safety Code. A written statement specified in this subparagraph shall be provided in both English and Spanish, and shall include the name and contact information for the physician or surgeon. (ii) A school nurse or other school personnel shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for their acts or omissions relating to a pupil self-administering inhaled asthma medication in accordance with this subparagraph. A school district shall not be subject to civil liability if a pupil self-administering inhaled asthma medication in accordance with this subparagraph suffers an adverse reaction. (3) The written statements specified in this subdivision shall be provided at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes. (c) A pupil may be subject to disciplinary action pursuant to Section 48900 if the pupil uses inhaled asthma medication in a manner other than as prescribed. (Amended by Stats. 2019, Ch. 101, Sec. 2. (AB 743) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49423.5. Source version: id_8fdda9fa-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) Notwithstanding Section 49422, an individual with exceptional needs who requires specialized physical health care services, during the regular schoolday, may be assisted by any of the following individuals: (1) Qualified persons who possess an appropriate credential issued pursuant to Section 44267 or 44267.5, or hold a valid certificate of public health nursing issued by the Board of Registered Nursing. (2) Qualified designated school personnel trained in the administration of specialized physical health care if they perform those services under the supervision, as defined by Section 3051.12 of Title 5 of the California Code of Regulations, of a credentialed school nurse, public health nurse, or licensed physician and surgeon and the services are determined by the credentialed school nurse or licensed physician and surgeon, in consultation with the physician treating the pupil, to be all of the following: (A) Routine for the pupil. (B) Pose little potential harm for the pupil. (C) Performed with predictable outcomes, as defined in the individualized education program of the pupil. (D) Do not require a nursing assessment, interpretation, or decisionmaking by the designated school personnel. (3) For basic respiratory services authorized by subdivision (l) of Section 3765 of the Business and Professions Code, a vocational nurse licensed by the Board of Vocational Nursing and Psychiatric Technicians of the State of California under the supervision of a credentialed school nurse. (b) Specialized health care or other services that require medically related training shall be provided pursuant to the procedures prescribed by Section 49423. (c) Persons providing specialized physical health care services shall also demonstrate competence in basic cardiopulmonary resuscitation and shall be knowledgeable of the emergency medical resources available in the community in which the services are performed. (d) “Specialized physical health care services,” as used in this section, includes catheterization, gastric tube feeding, suctioning, or other services that require medically related training. (e) Regulations necessary to implement this section shall be developed jointly by the State Department of Education and the State Department of Health Care Services, and adopted by the state board. (f) This section does not diminish or weaken any federal requirement for serving individuals with exceptional needs under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and its implementing regulations, and under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and its implementing regulations. (g) This section does not affect current state law or regulation regarding medication administration. (h) It is the intent of the Legislature that this section not cause individuals with exceptional needs to be placed at schoolsites other than those they would attend but for their needs for specialized physical health care services. (Amended by Stats. 2025, Ch. 582, Sec. 2. (SB 389) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49423.5.1. Source version: id_d7491a0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. On or before June 15, 2001, the State Department of Education shall review and make recommendations to the State Board of Education regarding any needed updates to the regulations adopted pursuant to subdivision (e) of Section 49423.5. (Added by Stats. 2000, Ch. 281, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49423.6. Source version: id_d7491a11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) On or before June 15, 2001, the State Department of Education shall develop and recommend to the State Board of Education, and the board shall adopt regulations, regarding the administration of medication in the public schools pursuant to Section 49423. These regulations shall be developed in consultation with parents, representatives of the medical and nursing professions, and other individuals jointly designated by the Superintendent of Public Instruction, the Advisory Commission on Special Education established pursuant to Section 33590, and the Department of Health Services. The Board of Registered Nursing may designate a liaison to consult with the Board of Education in the adoption of these regulations. (b) Any regulations adopted pursuant to this section shall be limited to addressing a situation where a pupil’s parent or legal guardian has initiated a request to have a local educational agency dispense medicine to a pupil, based on the written consent of the pupil’s parent or legal guardian, for a specified medicine with a specified dosage, for a specified period of time, as prescribed by a physician or other authorized medical personnel. (Added by Stats. 2000, Ch. 281, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49424. Source version: id_d7491a13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. A school psychologist is a credentialed professional whose primary objective is the application of scientific principles of learning and behavior to ameliorate school-related problems and to facilitate the learning and development of children in the public schools of California. To accomplish this objective the school psychologist provides services to children, teachers, parents, community agencies, and the school system itself. These services include: (a) Consultation with school administrators concerning appropriate learning objectives for children, planning of developmental and remedial programs for pupils in regular and special school programs, and the development of educational experimentation and evaluation. (b) Consultation with teachers in the development and implementation of classroom methods and procedures designed to facilitate pupil learning and to overcome learning and behavior disorders. (c) Consultation with parents to assist in understanding the learning and adjustment processes of children. (d) Consultation with community agencies, such as probation departments, mental health clinics, and welfare departments, concerning pupils who are being served by such community agencies. (e) Consultation and supervision of pupil personnel services workers. (f) Psychoeducational assessment and diagnosis of specific learning and behavioral disabilities, including, but not limited to, case study evaluation, recommendations for remediation or placement, and periodic reevaluation of such children. (g) Psychological counseling of and other therapeutic techniques with children and parents, including parent education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49425. Source version: id_d74aa0b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. Notwithstanding the provisions of Section 49422, a licensed physician need not hold a credential if his sole service for a school district or county superintendent of schools is service as a member of a committee whose function is to consider written and oral information and reports concerning the pupil that are available to the committee and, upon the basis of such information and reports, to recommend the admission of the pupil to, or his discharge from, special schools and classes for exceptional children. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49426. Source version: id_d74aa0b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. A school nurse is a registered nurse currently licensed under Chapter 6 (commencing with Section 2700) of Division 2 of the Business and Professions Code, and who has completed the additional educational requirements for, and possesses a current credential in, school nursing pursuant to Section 44877. School nurses strengthen and facilitate the educational process by improving and protecting the health status of children and by identification and assistance in the removal or modification of health-related barriers to learning in individual children. The major focus of school health services is the prevention of illness and disability, and the early detection and correction of health problems. The school nurse is especially prepared and uniquely qualified in preventive health, health assessment, and referral procedures. Nothing in this section shall be construed to limit the scope of professional practice or otherwise to change the legal scope of practice for any registered nurse or other licensed healing arts practitioner. Rather, it is the intent of the Legislature to provide positively for the health services, many of which may be performed in the public schools only by physicians and school nurses. School nurses may perform, if authorized by the local governing board, the following services: (a) Conduct immunization programs pursuant to Section 49403 and assure that every pupil’s immunization status is in compliance with the law, including parental or guardian consent, and good health practice. (b) Assess and evaluate the health and developmental status of pupils to identify specific physical disorders and other factors relating to the learning process, communicate with the primary care provider, and contribute significant information in order to modify the pupils’ educational plans. (c) Interpret the health and developmental assessment to parents, teachers, administrators, and other professionals directly concerned with the pupil. (d) Design and implement a health maintenance plan to meet the individual health needs of the students, incorporating plans directed by a physician. (e) Refer the pupil and his or her parent or guardian to appropriate community resources for necessary services. (f) Maintain communication with parents and all involved community practitioners and agencies to promote needed treatment and secure reports of findings pertinent to educational planning. (g) Interpret medical and nursing findings appropriate to the student’s individual educational plan and make recommendations to professional personnel directly involved. (h) Consult with, conduct in-service training to, and serve as a resource person to teachers and administrators, and act as a participant in implementing any section or sections of a comprehensive health instruction curriculum for students by providing current scientific information regarding nutrition, preventive dentistry, mental health, genetics, prevention of communicable diseases, self-health care, consumer education, and other areas of health. (i) Counsel pupils and parents by: (1) Assisting children and youth, parents, and school personnel in identifying and utilizing appropriate and mutually acceptable private and community health delivery services for professional care and remediation of defects. (2) Counseling with parents, pupils and school staff regarding health-related attendance problems. (3) Helping parents, school personnel and pupils understand and adjust to physical, mental and social limitations. (4) Exploring with families and pupils, attitudes, information and values which affect their health behavior. (j) Assist parents and pupils to solve financial, transportation and other barriers to needed health services. The holder of a services credential with a specialization in health for a school nurse who also completes the requirements for a special class authorization in health in a program that is approved by the commission is authorized to teach classes on health in a preschool, kindergarten, grades 1 to 12, inclusive, and classes organized primarily for adults. (Amended by Stats. 1994, Ch. 172, Sec. 4. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49426.5. Source version: id_70c8911b-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) A licensed vocational nurse hired pursuant to this section shall be supervised by a credentialed school nurse who is employed as a school nurse at the same local educational agency or at another local educational agency. (b) (1) If a local educational agency elects to hire a licensed vocational nurse to be supervised by a credentialed school nurse employed by another local educational agency, both local educational agencies shall enter into a written agreement containing all of the following: (A) The duties of the credentialed school nurse and the licensed vocational nurse. (B) A communication policy delineating how the licensed vocational nurse and the credentialed school nurse are to communicate. (C) The indemnification requirement pursuant to subdivision (h). (D) The financial arrangement between the local educational agencies. (E) The additional compensation for the credentialed school nurse to act as a supervisor. (2) A local educational agency is only authorized to hire a licensed vocational nurse pursuant to this subdivision if a written agreement with another local educational agency is in place. (c) (1) A local educational agency shall only hire a licensed vocational nurse pursuant to this section if a diligent search has been conducted for a suitable credentialed school nurse each school year. A diligent search shall include, but is not limited to, distributing job announcements, contacting college and university placement centers, and advertising in print or electronic media. Copies of all recruitment efforts and the salary or salary range advertised as part of the recruitment efforts shall be retained by the employing agency. (2) A local educational agency shall seek approval from its governing board or body before hiring a licensed vocational nurse pursuant to this section, including by submitting a declaration to its governing board or body containing all of the following: (A) That the local educational agency made a diligent effort to recruit a credentialed school nurse with the proper qualifications for the opening. (B) That the effort to recruit a credentialed school nurse was not successful. (C) That hiring a licensed vocational nurse is necessary to fulfill a critical need. (3) A local educational agency electing to hire a licensed vocational nurse pursuant to this section shall certify to the department, upon penalty of perjury, that a diligent recruitment effort to hire a credentialed school nurse was made. (d) Subdivision (a) shall not be interpreted to allow a licensed vocational nurse to go beyond the approved scope of practice pursuant to the Vocational Nursing Practice Act (Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code). (e) A licensed vocational nurse hired pursuant to this section shall only operate under the supervision of a credentialed school nurse based on levels of supervision described in Section 3051.12 of Title 5 of the California Code of Regulations. (f) County offices of education are encouraged to establish networks of credentialed school nurses for employment by local educational agencies that are not able to hire a credentialed school nurse. County offices of education are encouraged to provide mentoring opportunities for licensed vocational nurses. (g) A local educational agency employing a credentialed school nurse who is supervising a licensed vocational nurse at another local educational agency pursuant to this section shall have indemnification for the supervisorial liability from the local educational agency employing the licensed vocational nurse. (h) A credentialed school nurse who is supervising a licensed vocational nurse at another local educational agency pursuant to this section shall have indemnification for the supervisorial liability from the local educational agency employing the licensed vocational nurse. (i) If a local educational agency uses its authority pursuant to this section, the local educational agency shall report its use of that authority to the department. (j) (1) On or before January 1, 2028, the department shall submit a report to the Legislature containing a list of the local educational agencies that have used their authority pursuant to this section. (2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (k) As used in this section, the following terms have the following meanings: (1) “Credentialed school nurse” means only qualified persons who possess an appropriate credential issued pursuant to Section 44267.5. (2) “Licensed vocational nurse” means a person licensed pursuant to the provisions of Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code. (3) “Local educational agency” means a school district, county office of education, or charter school. (l) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2023, Ch. 853, Sec. 1. (AB 1722) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49427. Source version: id_d74aa0b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) It is the intent of the Legislature that the governing board of each school district and each county superintendent of schools maintain fundamental school health services at a level that is adequate to accomplish all of the following: (1) Preserve pupils’ ability to learn. (2) Fulfill existing state requirements and policies regarding pupils’ health. (3) Contain health care costs through preventive programs and education. (b) The Legislature finds and declares that the provision of these services may be in jeopardy due to the current caseloads in the public schools, and that failure to maintain adequate health services and standards will result in pupils’ poorer health and ability to learn. (Amended by Stats. 1994, Ch. 922, Sec. 107. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49428. Source version: id_7e9a1b33-fcbc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) A school of a school district or county office of education and a charter school shall notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as follows: (1) A school shall use at least two of the following methods to notify parents or guardians: (A) Distributing the information in a letter electronically or in hardcopy, including, but not limited to, through the postal service. (B) Including the information in the parent handbook at the beginning of the school year in accordance with Section 48980. (C) Posting the information on the school’s Internet Web site or social media Internet Web page. (2) A school shall use at least two of the following methods to notify pupils: (A) Distributing the information in a document or school publication electronically or in hardcopy. (B) Including the information in pupil orientation materials at the beginning of the school year or in a pupil handbook. (C) Posting the information on the school’s Internet Web site or social media Internet Web page. (b) (1) A county may use funds from the Mental Health Services Act, enacted by the voters at the November 2, 2004, statewide general election as Proposition 63, to provide a grant to a school district or county office of education, or to a charter school, within the county, for purposes of funding the activities required pursuant to subdivision (a). (2) A school district or county office of education, or a charter school, may apply to its respective county for a grant pursuant to paragraph (1). (Added by Stats. 2018, Ch. 484, Sec. 1. (AB 2022) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49428.1. Source version: id_be72acd3-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) On or before June 1, 2025, the department shall develop model referral protocols for addressing pupil behavioral health concerns. In developing these protocols, the department shall consult with the State Department of Health Care Services, the members of the Student Mental Health Policy Workgroup, local educational agencies that have served as state or regional leaders in state or federal pupil behavioral health initiatives, county behavioral health programs, current classroom teachers and administrators, current schoolsite classified staff, current schoolsite staff who hold pupil personnel services credentials, current school nurses, current school counselors, and other professionals involved in pupil behavioral health as the department deems appropriate. The department shall also select at least one member of each of the following groups to consult with in developing the protocols: (1) Current high school pupils. (2) Parents of current high school or middle school pupils. (3) Parents of current elementary school pupils. (b) These protocols shall be designed for use, on a voluntary basis, by schoolsites, school districts, county offices of education, charter schools, the California School for the Deaf, and the California School for the Blind, and by teacher, administrator, school counselor, pupil personnel services, and school nurse preparation programs operated by postsecondary educational institutions. The protocols shall do all of the following: (1) Address the appropriate and timely referral by school staff of pupils with behavioral health concerns. (2) Reflect a multitiered system of support process and positive behavioral interventions and supports. These protocols are encouraged to be used in lieu of disciplinary actions, and pupils who may be the subject of disciplinary action should be able to access these protocols and should not be prohibited from accessing them. (3) Be adaptable to varied local service arrangements for behavioral health services. (4) (A) Reflect evidence-based and culturally appropriate approaches to pupil behavioral health referral without disciplinary actions. (B) For purposes of this paragraph, “evidence-based” means peer-reviewed, scientific research evidence, including studies based on research methodologies that control threats to both the internal and the external validity of the research findings. (5) Address the inclusion of parents and guardians in the referral process. (6) Be written to ensure clarity and ease of use by certificated and classified school employees. (7) Reflect differentiated referral processes for pupils with disabilities and other populations for whom the referral process may be distinct. (8) Be written to ensure that school employees act only within the authorization or scope of their credential or license. This section shall not be construed as authorizing or encouraging school employees to diagnose or treat youth behavioral health disorders unless they are specifically licensed and employed to do so. (9) Be consistent with state activities conducted by the department in the administration of federally funded behavioral health programs. (c) The department shall consider, when developing protocols under this section, the school behavioral health referral pathways toolkit developed by the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services. (d) The department shall post the model referral protocols on its internet website so that they may be accessed and used by educational institutions specified in subdivision (b). (Amended by Stats. 2024, Ch. 38, Sec. 56. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49428.15. Source version: id_94d5a2fc-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) For purposes of this section, the following definitions apply: (1) “Evidence-based” means peer-reviewed, scientific research evidence, including studies based on research methodologies that control threats to both the internal and the external validity of the research findings. (2) “Evidence-informed” means using research that is already available and has been tested for efficacy and effectiveness. This evidence is then combined with the experiences and expertise of the training program developers to best fit the population intended to be served. (3) “Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. (4) “Youth behavioral health disorders” means pupil mental health and substance use disorders. (5) “Youth behavioral health training” means training addressing the signs and symptoms of a pupil mental health or substance use disorder. (b) The department shall, on or before January 1, 2023, recommend best practices, and identify evidence-based and evidence-informed training programs for schools to address youth behavioral health, including, but not necessarily limited to, staff and pupil training. (c) In identifying one or more evidence-based or evidence-informed youth behavioral health training programs for use by local educational agencies to train school staff or pupils pursuant to subdivision (b), the department shall ensure that each training program meets all of the following requirements: (1) Provides instruction on recognizing the signs and symptoms of youth behavioral health disorders, including common psychiatric conditions and substance use disorders such as opioid and alcohol abuse. (2) Provides instruction on how school staff can best provide referrals to youth behavioral health services or other support to individuals in the early stages of developing a youth behavioral health disorder. (3) Provides instruction on how to maintain pupil privacy and confidentiality in a manner consistent with federal and state privacy laws. (4) Provides instruction on the safe de-escalation of crisis situations involving individuals with a youth behavioral health disorder. (5) Is capable of assessing trainee knowledge before and after training is provided in order to measure training outcomes. (6) Is administered by a nationally recognized training authority in youth behavioral health disorders or by a local educational agency. (7) (A) Includes in-person and virtual training with certified instructors who can recommend resources available in the community for individuals with a youth behavioral health disorder. (B) For purposes of this paragraph, “certified instructors” means individuals who obtain or have obtained a certification to provide the selected youth behavioral health training. (d) This section shall be implemented only to the extent that an appropriation is made in the annual Budget Act or another statute for these purposes. (Amended by Stats. 2025, Ch. 241, Sec. 4. (SB 857) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49428.16. Source version: id_774e7d1d-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) It is the intent of the Legislature to assist local educational agencies in developing strategies for preventing pupil opioid overdoses, including synthetic opioids. (b) The Legislature encourages county offices of education to establish a County Working Group on Fentanyl Education in Schools for the purposes of outreach, building awareness, and collaborating with local health agencies regarding fentanyl overdoses. A County Working Group on Fentanyl Education in Schools is encouraged to, at a minimum, include representatives of local educational agencies within the county and the county public health department. (c) The department shall curate and maintain on its internet website all of the following: (1) Informational materials containing awareness and safety advice, for school staff, pupils, and parents or guardians of pupils, on how to prevent an opioid overdose and any relevant information developed by a County Working Group on Fentanyl Education in Schools established pursuant to subdivision (b). (2) Resource information on an entity’s application process for the statewide standing order issued by the State Public Health Officer pursuant to Section 1714.22 of the Civil Code, and resource information on an entity’s participation in the Naloxone Distribution Project administered by the State Department of Health Care Services. (3) Resource information on the provision of emergency naloxone hydrochloride or another opioid antagonist, as described in Section 49414.3. (d) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. (2) “Opioid antagonist” means naloxone hydrochloride or another drug approved by the federal Food and Drug Administration that, when administered, negates or neutralizes in whole or in part the pharmacological effects of an opioid in the body, and has been approved for the treatment of an opioid overdose. (Added by Stats. 2023, Ch. 856, Sec. 6. (SB 10) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49428.2. Source version: id_99bafe5e-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. (2) “Youth behavioral health disorders” means pupil mental health and substance use disorders. (3) “Youth behavioral health training” means training that develops awareness of trauma and the brain’s response to stress and the protective factors for behavioral health and well-being that support healing and resilience. (b) (1) The governing board or body of a local educational agency shall, before January 31, 2026, adopt, at a regularly scheduled meeting, a policy on referral protocols for addressing pupil behavioral health concerns in grades 7 to 12, inclusive. The policy shall be developed in consultation with school and community stakeholders and school-linked behavioral health professionals, and shall, at a minimum, address procedures relating to referrals to behavioral health professionals and support services. Policies adopted before the date of enactment of the act that added this section may be considered to meet the requirements of this section, if they fulfill the requirements of this section. (2) The policy adopted pursuant to paragraph (1) shall either be based on the model policy developed by the department or be consistent with subdivision (b) of Section 49428.1. (3) The policy adopted pursuant to paragraph (1) shall specifically address the needs of high-risk groups, including, but not limited to, all of the following: (A) Pupils bereaved by death or loss of a close family member or friend. (B) Pupils for whom there is concern due to behavioral health disorders, including common psychiatric conditions and substance use disorders such as opioid and alcohol abuse. (C) Pupils with disabilities, mental illness, or substance use disorders. (D) Pupils experiencing homelessness or placed in out-of-home settings, such as foster care. (E) Lesbian, gay, bisexual, transgender, or questioning pupils. (4) (A) The policy adopted pursuant to paragraph (1) shall also address any training to be provided to teachers of pupils in grades 7 to 12, inclusive, on pupil behavioral health. (B) Materials approved by a local educational agency for training shall include how to identify appropriate contacts for behavioral health evaluation, services, or both evaluation and services, at both the schoolsite and within the larger community, and when and how to refer pupils and their families to those services. (C) Materials approved for training may also include programs that can be completed through self-review of materials developed pursuant to this section. (5) The policy adopted pursuant to paragraph (1) shall be written to ensure that a school employee acts only within the authorization and scope of the employee’s credential or license. Nothing in this section shall be construed as authorizing or encouraging a school employee to diagnose or treat youth behavioral health disorders unless the employee is specifically licensed and employed to do so. (6) To assist local educational agencies in developing policies on referral protocols, the department shall develop and maintain a model policy in accordance with Section 49428.1 to serve as a guide for local educational agencies. (c) Subject to subdivision (d), on or before July 1, 2029, a local educational agency shall certify to the department that 100 percent of its certificated employees and 40 percent of its classified employees, who have direct contact with pupils in any of grades 7 to 12, have received youth behavioral health training at least one time, in accordance with all of the following: (1) The training provides instruction around the unique risk factors and warning signs of behavioral health problems in adolescents, builds understanding of the importance of early intervention, and teaches classified and certificated employees how to help an adolescent in crisis or experiencing a behavioral health challenge, including guidance on when to make referrals consistent with the policy adopted pursuant to subdivision (b). The training may also include the following: (A) Instruction on recognizing the signs and symptoms of youth behavioral health disorders, including, but not limited to, psychiatric conditions and substance use disorders such as opioid and alcohol abuse. (B) Instruction on how to maintain pupil privacy and confidentiality in a manner consistent with federal and state privacy laws. (C) Instruction on the safe de-escalation of crisis situations involving pupils with a youth behavioral health disorder. (2) Except as provided in paragraph (3), the youth behavioral health training is provided to classified and certificated employees during regularly scheduled work hours. (3) If a classified or certificated employee receives the youth behavioral health training in a manner other than through an in-service training program provided by the local educational agency, the employee may present a certificate of successful completion of the training to the local educational agency for purposes of satisfying the requirements of this subdivision. (4) The youth behavioral health training shall not be a condition of employment or hiring for classified or certificated employees. (5) A local educational agency may use the training described in subdivision (c) of Section 49428.15 to meet the requirements of this section. (d) A local educational agency may exclude a licensed behavioral health professional who holds a pupil personnel services credential from the youth behavioral health training required by this section. (e) A local educational agency may meet the requirements of subdivision (c) through an alternative approach by adopting a policy that describes how this approach is consistent with the goals specified in subdivision (c) but better meets the needs of pupils. (f) Any parts of this section that fall within the scope of representation, as that term is used in paragraph (1) of subdivision (a) of Section 3543.2 of the Government Code, are subject to bargaining with the exclusive representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (g) It is the intent of the Legislature that the sum of thirty-five million dollars ($35,000,000), or as much of that amount as is available, be allocated to the department, for apportionments to local educational agencies in the 2025–26 fiscal year pursuant to paragraph (2) of subdivision (c) of Section 36005 of the Revenue and Taxation Code. Upon appropriation for this purpose, all of the following shall apply: (1) The funding shall be provided on a per-pupil basis for each pupil enrolled in grades 7 to 12, inclusive, as reported in the California Longitudinal Pupil Achievement Data System for the prior year Fall 1 Submission to meet the requirements of this section. (2) Local educational agencies shall first use the funding provided to support the youth behavioral health training described in subdivision (c). (3) If there are remaining funds, local educational agencies shall use the funds to offer additional training consistent with this section or to increase the number of staff that hold a pupil personnel services credential within the local educational agency. (h) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (Amended by Stats. 2025, Ch. 241, Sec. 3. (SB 857) Effective January 1, 2026. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49428.5. Source version: id_aae768f6-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) On or before the start of the 2023–24 school year, each schoolsite in a school district, county office of education, or charter school, serving pupils in any of grades 6 to 12, inclusive, shall create a poster that identifies approaches and shares resources regarding pupil mental health. (b) The schoolsite may partner with pupils enrolled at that schoolsite, local, state, or federal agencies, or nonprofit organizations, for purposes of the design and content of the poster. (c) The language in the poster shall be age appropriate and culturally relevant, and the schoolsite may partner with pupils enrolled at that schoolsite, local, state, or federal agencies, or nonprofit organizations, for these purposes. (d) The poster shall be displayed in English and any primary language spoken by 15 percent or more of the pupils enrolled at the schoolsite as determined pursuant to Section 48985. (e) The poster shall be no smaller than 8.5 by 11 inches and use at least 12-point font. (f) The poster shall display, at a minimum, all of the following: (1) Identification of common behaviors of those struggling with mental health or who are in a mental health crisis, including, but not limited to, anxiety, depression, eating disorders, emotional dysregulation, bipolar episodes, and schizophrenic episodes. (2) A list of, and contact information for, schoolsite-specific resources, including, but not limited to, counselors, wellness centers, and peer counselors. (3) A list of, and contact information for, community resources, including, but not limited to, suicide prevention, substance abuse, child crisis, nonpolice mental health hotlines, public behavioral health services, and community mental health centers. (4) A list of positive coping strategies to use when dealing with mental health, including, but not limited to, meditation, mindfulness, yoga, breathing exercises, grounding skills, journaling, acceptance, and seeking therapy. (5) A list of negative coping strategies to avoid, including, but not limited to, substance abuse or self-medication, violence and abuse, self-harm, compulsivity, dissociation, catastrophizing, and isolating. (g) (1) (A) Commencing with the 2023–24 school year, the poster shall be prominently and conspicuously displayed in appropriate public areas that are accessible to, and commonly frequented by, pupils at each schoolsite. (B) The governing board of a school district, governing body of a charter school, and county board of education shall have full discretion to select additional appropriate public areas that are accessible to, and commonly frequented by, pupils to display the poster at the schoolsite. These areas may include, but are not limited to, bathrooms, locker rooms, classrooms, classroom hallways, gymnasiums, auditoriums, cafeterias, wellness centers, and offices. (2) The poster shall be digitized and distributed online to pupils through social media, internet websites, portals, and learning platforms at the beginning of each school year. (3) To assist school districts, county offices of education, and charter schools in developing policies for pupil suicide prevention, the department shall develop and maintain a model poster, in collaboration with mental health experts, pupils, and administrators, in accordance with this section to serve as a guide for school districts, county offices of education, and charter schools. (h) No basis for civil liability is created by this section for any school district, county office of education, or charter school serving pupils in any of grades 6 to 12, inclusive. (Added by Stats. 2022, Ch. 431, Sec. 1. (AB 748) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49429. Source version: id_a9c9a28a-1fdd-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) The department, in consultation with the State Department of Health Care Services and appropriate stakeholders, including stakeholders with experience in telehealth, as defined in subdivision (d), shall develop guidelines on or before December 31, 2022, for the use of telehealth technology in public schools, including charter schools, to provide mental health and behavioral health services to pupils on school campuses. (b) The guidelines developed pursuant to subdivision (a) shall include, but are not limited to, guidance on all of the following: (1) Qualifications of individuals authorized to provide assistance, within their scope of practice, to pupils in accessing mental health and behavioral health services via telehealth technology at a schoolsite. (2) Qualifications of individuals authorized to provide mental health and behavioral health services, within their scope of practice, to pupils via telehealth technology. (3) Potential sources of funding for the purchase of the necessary equipment and technology infrastructure by schools to allow schools to provide telehealth services. (4) The ability of mental and behavioral health services providers to access reimbursement through the Medi-Cal program or other sources for services provided to pupils at schoolsites via telehealth technology. (5) The legal requirements for parental consent for the provision of mental health and behavioral health treatment of minors via telehealth technology. (6) Measures necessary to protect the security of data transmitted via telehealth technology. (7) Measures necessary to protect the privacy of pupil data pursuant to the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) and medical records pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (8) Potential school district, county office of education, and charter school liability associated with the provision of telehealth services. (c) The department shall post the guidelines developed pursuant to this section on its internet website on or before December 31, 2022. (d) For purposes of this section, “telehealth” means the mode of delivering health care services via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a pupil’s health care while the pupil is at a schoolsite and the health care provider is at a distant site. (e) This section shall only be implemented if sufficient funds are made available to the department pursuant to an appropriation in the annual Budget Act or another statute for that purpose. (Amended by Stats. 2021, Ch. 252, Sec. 25. (AB 167) Effective September 23, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2. Employment of Medical Personnel [49422 - 49429.5] SECTION 49429.5. Source version: id_b09ee168-70e4-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2. (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) On or before November 1, 2024, county offices of education, in consultation with the department and other relevant state and local agencies, shall coordinate agreements between school districts and charter schools within the county in order to develop a system through which qualified mental health professionals and other key school personnel employed by individual school districts and charter schools throughout the county could be rapidly deployed on a short- or long-term basis to an area of the county that has experienced a natural disaster or other traumatic event, in order to provide support to pupils and staff, to the extent the school district or charter school employing those professionals or personnel determines they can be deployed under the circumstances. In developing agreements for this system of sharing mental health professionals and other key school personnel, county offices of education shall consider, at a minimum, all of the following: (1) The cost of creating and maintaining the system described in this subdivision. (2) The criteria required for a local educational agency to request the use of mental health professionals and other key school personnel employed by another local educational agency. (3) Potential reimbursement between local educational agencies. (4) Reimbursement for travel expenses incurred by mental health professionals and other key school personnel. (c) Single school district county offices of education shall comply with subdivision (b) by entering into agreements with at least one other county office of education they share a border with. (d) County offices of education that share a county border with a single school district county office of education shall consult with and enter into agreements with at least one single school district county office of education in order to comply with subdivision (b). (Added by Stats. 2022, Ch. 909, Sec. 2. (AB 2072) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49430. Source version: id_89394298-ca34-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. As used in this article, the following terms have the following meanings: (a) “Added sweetener” means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage. (b) “Combination foods” means products that contain two or more components representing two or more of the recommended food groups: fruit, vegetable, dairy, protein, or grains. (c) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. Sec. 1771 et seq.) available for sale to pupils on the school campus during the schoolday. (d) “Deep fried” means a food item that is cooked by total submersion in oil or fat. (e) “Elementary school” means a school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. (f) “Entrée” means a food that is generally regarded as being the primary food in a meal, and shall include, but not be limited to, sandwiches, burritos, pasta, and pizza. (g) “Flash fried” means a food item that is quickly fried on both sides in oil with a temperature of 400 degrees Fahrenheit or higher. (h) “High school” means a school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. (i) “Middle school” means a school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. (j) “Par fried” means a food item that is fried to reach an internal temperature of 160 degrees Fahrenheit then it is cooled to room temperature so that it may be refrigerated or frozen for future frying. (k) “School campus” means all areas of the property under the jurisdiction of the school that are accessible to pupils during the schoolday. (l) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. (m) “Snack” means a food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. (n) “Sold” means the exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. (Amended by Stats. 2016, Ch. 280, Sec. 2. (SB 1169) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49430.3. Source version: id_d74c275f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. Notwithstanding any provisions of law, including, but not limited to, Chapter 3 (commencing with Section 38080) of Part 23 or Section 48931, this article shall control over contrary provisions relating to the sale of food items to public school pupils. (Added by Stats. 2001, Ch. 913, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49430.7. Source version: id_03c6c2b3-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. (a) For purposes of this section, the following terms have the following meanings: (1) “Child development program” means a program operated pursuant to Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (2) “School” means a school operated and maintained by a school district or county office of education, or a charter school. (3) “School district” means a school district, charter school, or county office of education. (b) As a condition of receipt of state meal reimbursement funds pursuant to Article 10 (commencing with Section 49530), for meals and food items sold as part of the free and reduced-price meal programs, a school or school district shall comply with all of the following requirements and prohibitions: (1) Follow the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school or school district. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat that is prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this paragraph include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (c) For meals and food items sold as part of the free and reduced-price meal programs, a child development program is encouraged to comply with all of the following guidelines: (1) Meet developmentally and programmatically appropriate meal pattern and the United States Department of Agriculture meal pattern. (2) Not sell or serve a food item that has in any way been deep fried, par fried, or flash fried by a school, school district, or child development program. (3) Not sell or serve a food item containing artificial trans fat. A food item contains artificial trans fat if it contains vegetable shortening, margarine, or any kind of hydrogenated or partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams per serving. (4) Not sell or serve a food item that, as part of the manufacturing process, has been deep fried, par fried, or flash fried in an oil or fat prohibited by this paragraph. Oils and fats prohibited by this paragraph include, but are not limited to, palm, coconut, palm kernel, and lard, typically solid at room temperature and are known to negatively impact cardiovascular health. Oils permitted by this provision include, but are not limited to, canola, safflower, sunflower, corn, olive, soybean, peanut, or a blend of these oils, typically liquid at room temperature and are known for their positive cardiovascular benefit. (d) As a condition of receipt of funds pursuant to Article 10 (commencing with Section 49530), schools and school districts shall provide the department with an annual certification of compliance with this section. (e) This section shall become operative only upon an appropriation for its purposes in the annual Budget Act or another statute. (Amended by Stats. 2021, Ch. 666, Sec. 43. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49431. Source version: id_9e9d7390-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. (a) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary school, the only competitive foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meets the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph shall not apply to individually sold portions of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. This paragraph shall not apply to fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (7) Beginning December 31, 2027, competitive foods do not contain any of the following substances: (A) Blue 1 (CAS 3844-45-9). (B) Blue 2 (CAS 860-22-0). (C) Green 3 (CAS 2353-45-9). (D) Red 40 (CAS 25956-17-6). (E) Yellow 5 (CAS 1934-21-0). (F) Yellow 6 (CAS 2783-94-0). (8) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program food and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not include either of the following: (A) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (B) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (b) An elementary school may permit the sale of food items that do not comply with subdivision (a) as part of a school fundraising event in either of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (c) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section and Section 49431.5. (d) Nothing in this section shall be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant to Section 49501.5, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service. (Amended by Stats. 2025, Ch. 467, Sec. 3. (AB 1264) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49431.2. Source version: id_a37847a2-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. (a) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, the only competitive snack foods that may be sold to a pupil are fruit, vegetable, dairy, protein, or whole grain rich food items; foods with a fruit, vegetable, dairy, protein, or whole grain item as its first ingredient; or combination foods containing at least one-quarter cup of fruit or vegetable that meet all of the following standards: (1) Not more than 35 percent of its total calories shall be from fat. This paragraph does not apply to the sale of nuts, nut butters, seeds, seed butters, reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, fruits, vegetables that have not been deep fried, seafood, or a dried fruit and nut and seed combination. (2) Less than 10 percent of its total calories shall be from saturated fat. This paragraph shall not apply to reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, eggs, nuts, nut butters, seeds, seed butters, or a dried fruit and nut and seed combination. (3) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugars. This paragraph shall not apply to the sale of fruits, vegetables that have not been deep fried, or a dried fruit and nut and seed combination. (4) Contains less than 0.5 grams of trans fat per serving. (5) Contains not more than 200 milligrams of sodium per item, package, or container sold to a pupil. (6) Contains not more than 200 calories per individual food item. (7) Beginning December 31, 2027, competitive foods do not contain any of the following substances: (A) Blue 1 (CAS 3844-45-9). (B) Blue 2 (CAS 860-22-0). (C) Green 3 (CAS 2353-45-9). (D) Red 40 (CAS 25956-17-6). (E) Yellow 5 (CAS 1934-21-0). (F) Yellow 6 (CAS 2783-94-0). (8) Beginning July 1, 2035, competitive foods do not include either of the following: (A) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (B) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (b) (1) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu shall meet the following standards: (A) Contains not more than 400 calories per entrée item. (B) Not more than 35 percent of its total calories shall be from fat. (C) Contains less than 0.5 grams trans fat per serving. (D) Is offered in the same or smaller portion sizes as in the federal National School Lunch Program or federal School Breakfast Program. (E) Beginning December 31, 2027, federal National School Lunch Program and federal School Breakfast Program entrées, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (F) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program entrées, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (2) From the midnight before to 30 minutes after the end of the official schoolday, at each middle school or high school, a competitive entrée sold by the district food service department but not the day, or the day after, it is served on the federal National School Lunch Program or federal School Breakfast Program menu, or a competitive entrée sold by any other entity, shall meet the following standards: (A) Not more than 35 percent of its total calories shall be from fat. (B) Less than 10 percent of its calories shall be from saturated fat. (C) Not more than 35 percent of its total weight shall be composed of sugar, including naturally occurring and added sugar. (D) Contains less than 0.5 grams of trans fat per serving. (E) Contains not more than 480 milligrams of sodium. (F) Contains not more than 350 calories. (G) Beginning December 31, 2027, federal National School Lunch Program and federal School Breakfast Program entrées and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (H) Beginning July 1, 2035, federal National School Lunch Program and federal School Breakfast Program entrées and competitive entrées sold by any entity, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, do not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (c) A middle school or high school may permit the sale of food items that do not comply with subdivision (a) or (b) in any of the following circumstances: (1) The sale of those items takes place off of and away from school premises. (2) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (d) It is the intent of the Legislature that the governing board of a school district annually review its compliance with the nutrition standards described in this section. (e) Nothing in this section shall be construed to prohibit a school from selling to a pupil, after the pupil has been provided a school meal pursuant to Section 49501.5, the entrée from an additional nutritiously adequate meal that qualifies for federal reimbursement, from the same meal service. (Amended by Stats. 2025, Ch. 467, Sec. 4. (AB 1264) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49431.5. Source version: id_a8503584-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. (a) (1) (A) From the midnight before to 30 minutes after the end of the official schoolday, at each elementary or middle school, the only competitive beverages that may be sold to a pupil are the following: (i) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (ii) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (iii) Plain water or plain carbonated water. (iv) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 8 fluid ounces for elementary school or 12 fluid ounces for middle school. (B) A beverage shall not contain any of the following: (i) Caffeine, with the exception of trace amounts of naturally occurring caffeine substances. (ii) Beginning December 31, 2027, any of the following substances: (I) Blue 1 (CAS 3844-45-9). (II) Blue 2 (CAS 860-22-0). (III) Green 3 (CAS 2353-45-9). (IV) Red 40 (CAS 25956-17-6). (V) Yellow 5 (CAS 1934-21-0). (VI) Yellow 6 (CAS 2783-94-0). (iii) Beginning July 1, 2035, either of the following: (I) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (II) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (2) An elementary school or middle school may permit the sale of beverages that do not comply with paragraph (1) as part of a school fundraising event in either of the following circumstances: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (3) (A) From the midnight before to 30 minutes after the end of the official schoolday, at each high school, the only competitive beverages that may be sold to a pupil are the following: (i) Fruit-based drinks that are composed of no less than 50 percent fruit juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (ii) Vegetable-based drinks that are composed of no less than 50 percent vegetable juice and have no added sweetener in a maximum serving size of 12 fluid ounces. (iii) Plain water or plain carbonated water. (iv) One-percent-fat unflavored milk, nonfat flavored or unflavored milk, soy milk, rice milk, almond milk, and other similar nondairy milk in a maximum serving size of 12 fluid ounces. (v) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain less than five calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (vi) Flavored water or flavored carbonated water with no added sweetener that is labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (vii) Electrolyte replacement beverages that are labeled to contain less than five calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces. (viii) Electrolyte replacement beverages that are labeled to contain no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces. (B) Beverages labeled or commonly referred to as sodas, colas, or soft drinks are not allowed. (C) A beverage shall not contain any of the following: (i) Caffeine, with the exception of trace amounts of naturally occurring caffeine substances. (ii) Beginning December 31, 2027, any of the following substances: (I) Blue 1 (CAS 3844-45-9). (II) Blue 2 (CAS 860-22-0). (III) Green 3 (CAS 2353-45-9). (IV) Red 40 (CAS 25956-17-6). (V) Yellow 5 (CAS 1934-21-0). (VI) Yellow 6 (CAS 2783-94-0). (iii) Beginning July 1, 2035, either of the following: (I) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (II) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (4) A high school may permit the sale of beverages that do not comply with paragraph (3) as part of a school event if the sale of those items meets either of the following criteria: (A) The sale of those items takes place off and away from the premises of the school. (B) The sale of those items takes place on school premises at least one-half hour after the end of the schoolday. (b) It is the intent of the Legislature that the governing board of a school district annually review its compliance with this section. (c) Notwithstanding Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of Division 2, compliance with this section shall not be waived. (Amended by Stats. 2025, Ch. 467, Sec. 5. (AB 1264) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49431.7. Source version: id_c3fa0054-ca34-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. (a) From the midnight before to 30 minutes after the end of the official schoolday, a school or school district shall not sell to pupils enrolled in kindergarten, or any of grades 1 to 12, inclusive, food containing artificial trans fat, as defined in subdivision (b). (b) For purposes of this section, a food contains artificial trans fat if a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, unless the manufacturer’s documentation or the label required on the food, pursuant to applicable federal and state law, lists the trans fat content as less than 0.5 grams of trans fat per serving. (c) This section shall not apply to food provided as part of a United States Department of Agriculture meal program. (Amended by Stats. 2016, Ch. 280, Sec. 8. (SB 1169) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49431.9. Source version: id_46e5e314-e410-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. (a) For purposes of this section, and unless the context requires otherwise, the following terms have the following meanings: (1) “Advertising” means an oral, written, or graphic statement or representation, including a company logo or trademark, made for the purposes of promoting the use or sale of a product by the producer, manufacturer, distributor, seller, or any other entity with a commercial interest in the product. (2) “Brand” means a corporate or product name, a business logo, or a mark, regardless of whether it may legally qualify as a trademark used by a seller or manufacturer to identify goods or services and to distinguish them from competitors’ goods. (3) “Food or beverage” means any food or beverage that does not comply with the nutrition standards for food or beverages pursuant to this article. (4) “Schoolday” means the period from the midnight before to 30 minutes after the end of the official schoolday. (b) Except as provided in subdivision (c), a school, school district, or charter school that participates in the federal National School Lunch Program or federal School Breakfast Program shall not do either of the following: (1) Advertise any food or beverage during the schoolday unless the food or beverage product manufactured, sold, or distributed under the corporate brand name can be served or sold on the school campus during the schoolday. This prohibition includes the advertising during the schoolday on any property or facility owned or leased by the school district or school and used for school-related activities, including, but not limited to, school buildings, athletic fields, facilities, signs, scoreboards, or parking lots, or any schoolbuses or other vehicles, equipment, vending machines, uniforms, educational material, or supplies. (2) Participate in a corporate incentive program that rewards pupils with free or discounted foods or beverages that do not comply with the nutritional standards required pursuant to this article when the pupils reach certain academic goals. (c) The restriction on advertising in subdivision (b) does not apply to any of the following: (1) Advertising on broadcast, digital, or print media, unless the media are produced or controlled by the local educational agency, school, faculty, or its pupils. (2) Advertising on clothing with brand images worn on school grounds. (3) Advertising contained in product packaging. (4) Advertising of infrequent school fundraising events, involving food or beverages that do not meet the nutritional standards pursuant to this article. (d) This section does not require a school, school district, or charter school to replace durable, nonconsumable items that are not in compliance with this section, including, but not limited to, scoreboards or team uniforms, in use as of January 1, 2018, but requires a school, school district, or charter school to comply with this section as these items are replaced or contracts are renegotiated. (e) It is the intent of the Legislature that the governing board or body of a school district and a charter school annually review their compliance with this section. (Added by Stats. 2017, Ch. 843, Sec. 1. (AB 841) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49432. Source version: id_cdbffc26-ca34-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. Every public school may post a summary of nutrition and physical activity laws and regulations, and shall inform the public about the content of the school’s local school wellness policy, established pursuant to the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). The department shall develop the summary of state law and regulations. (Amended by Stats. 2016, Ch. 280, Sec. 9. (SB 1169) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 2.5. The Pupil Nutrition, Health, and Achievement Act of 2001 [49430 - 49434] SECTION 49434. Source version: id_8cf27934-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=2.5. Compliance with this article shall be monitored by the department in conformity with the United States Department of Agriculture’s administrative review process, as published in the Federal Register, Volume 77, Number 17, on January 26, 2012. (Repealed and added by Stats. 2013, Ch. 706, Sec. 19. (AB 626) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49450. Source version: id_d750ba59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. The governing board of any school district shall make such rules for the examination of the pupils in the public schools under its jurisdiction as will insure proper care of the pupils and proper secrecy in connection with any defect noted by the supervisor of health or his assistant and may tend to the correction of the physical defect. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49451. Source version: id_d75240fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. A parent or guardian having control or charge of any child enrolled in the public schools may file annually with the principal of the school in which he is enrolled a statement in writing, signed by the parent or guardian, stating that he will not consent to a physical examination of his child. Thereupon the child shall be exempt from any physical examination, but whenever there is a good reason to believe that the child is suffering from a recognized contagious or infectious disease, he shall be sent home and shall not be permitted to return until the school authorities are satisfied that any contagious or infectious disease does not exist. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49452. Source version: id_d6f0c227-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. (a) The governing board of a school district shall, subject to Section 49451, provide for the testing of the sight and hearing of each pupil enrolled in the schools of the school district. (b) The test shall be adequate in nature and shall be given only by any of the following: (1) By duly qualified supervisors of health employed by the school district. (2) By certificated employees, registered nurses, or licensed vocational nurses, under the supervision of a credentialed school nurse, of the school district, charter school, or the county superintendent of schools who possess the qualifications prescribed by the Commission on Teacher Credentialing. (3) By contract with an agency duly authorized to perform those services by the county superintendent of schools of the county in which the school district is located, under guidelines established by the state board. (4) By accredited schools or colleges of optometry, osteopathic medicine, or medicine. (c) The records of the tests shall serve as evidence of the need of the pupils for the educational facilities provided physically handicapped individuals. The equipment necessary to conduct the tests may be purchased or rented by governing boards of school districts. The state, any agency, or political subdivision thereof may sell or rent such equipment owned by it to the governing board of a school district upon terms as may be mutually agreeable. (d) As used in this section, the following definitions apply: (1) “Credentialed school nurse” means only qualified persons who possess an appropriate credential issued pursuant to Section 44267.5. (2) “Licensed vocational nurse” means a person licensed pursuant to the provisions of Chapter 6.5 (commencing with Section 2840) of Division 2 of the Business and Professions Code. (Amended by Stats. 2023, Ch. 853, Sec. 2. (AB 1722) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49452.5. Source version: id_d75240ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. The governing board of any school district shall, subject to Section 49451 and in addition to the physical examinations required pursuant to Sections 100275, 124035, and 124090 of the Health and Safety Code, provide for the screening of every female pupil in grade 7 and every male pupil in grade 8 for the condition known as scoliosis. The screening shall be in accord with standards established by the State Department of Education. The screening shall be supervised only by qualified supervisors of health as specified in Sections 44871 to 44878, inclusive, and Section 49422, or by school nurses employed by the district or the county superintendent of schools, or pursuant to contract with an agency authorized to perform these services by the county superintendent of schools of the county in which the district is located pursuant to Sections 1750 to 1754, inclusive, and Section 49402 of this code, Section 101425 of the Health and Safety Code, and guidelines established by the State Board of Education. The screening shall be given only by individuals who supervise, or who are eligible to supervise, the screening, or licensed chiropractors, or by certificated employees of the district or of the county superintendent of schools who have received in-service training, pursuant to rules and regulations adopted by the State Board of Education, to qualify them to perform these screenings. It is the intent of the Legislature that these screenings be performed, at no additional cost to the state, the school district, or the parent or guardian, during the regular schoolday and that any staff time devoted to these activities be redirected from other ongoing activities not related to the pupil’s health care. In-service training may be conducted by orthopedic surgeons, physicians, registered nurses, physical therapists, and chiropractors, who have received specialized training in scoliosis detection. Pupils suspected of having scoliosis during the initial screening shall be rescreened by an orthopedic surgeon when there will be no cost to the state, the school district, or the parent or guardian. No person screening pupils for scoliosis pursuant to this section shall solicit, encourage, or advise treatment or consultation by that person, or any entity in which that person has a financial interest, for scoliosis or any other condition discovered in the course of the screening. The governing board of any school district shall provide for the notification of the parent or guardian of any pupil suspected of having scoliosis. The notification shall include an explanation of scoliosis, the significance of treating it at an early age, and the public services available, after diagnosis, for treatment. Referral of the pupil and the pupil’s parent or guardian to appropriate community resources shall be made pursuant to Sections 49426 and 49456. No action of any kind in any court of competent jurisdiction shall lie against any individual, authorized by this section to supervise or give a screening, by virtue of this section. In enacting amendments to this section, it is the intent of the Legislature that no participating healing arts licentiate use the screening program for the generation of referrals or for his or her financial benefit. The Legislature does not intend to deny or limit the freedom of choice in the selection of an appropriate health care provider for treatment or consultation. (Amended by Stats. 1996, Ch. 1023, Sec. 41. Effective September 29, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49452.6. Source version: id_196dc73d-5916-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. (a) The department, in coordination with any other entity the department deems appropriate, shall develop type 1 diabetes informational materials for the parents and guardians of pupils. The informational materials shall be made available to each school district, county office of education, and charter school through the department’s internet website. (b) On and after January 1, 2023, the governing board of a school district, county board of education, and governing body of a charter school shall make the type 1 diabetes informational materials accessible to the parent or guardian of a pupil when the pupil is first enrolled in elementary school, or with the information provided pursuant to Section 48980. (c) Information provided to parents and guardians pursuant to this section may include, but shall not be limited to, all of the following: (1) A description of type 1 diabetes. (2) A description of the risk factors and warning signs associated with type 1 diabetes. (3) A recommendation regarding those pupils displaying warning signs associated with type 1 diabetes that the parents or guardians of those pupils should immediately consult with the pupil’s primary care provider to determine if immediate screening for type 1 diabetes is appropriate. (4) A description of the screening process for type 1 diabetes and the implications of test results. (5) A recommendation that, following a type 1 diagnosis, parents or guardians should consult with the pupil’s primary care provider to develop an appropriate treatment plan, which may include consultation with and examination by a specialty care provider, including, but not limited to, a properly qualified endocrinologist. (Added by Stats. 2021, Ch. 674, Sec. 1. (SB 97) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49452.7. Source version: id_7bac5d76-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. (a) On and after July 1, 2010, the school district shall provide an information sheet regarding type 2 diabetes to the parent or guardian of incoming 7th grade pupils. The information sheet may be provided to the parent or guardian of incoming 7th graders with the information provided pursuant to Section 48980. The information sheet shall include, but shall not be limited to, all of the following: (1) A description of type 2 diabetes. (2) A description of the risk factors and warning signs associated with type 2 diabetes. (3) A recommendation that pupils displaying or possibly suffering from risk factors or warning signs associated with type 2 diabetes should be screened for type 2 diabetes. (4) A description of treatments and prevention methods of type 2 diabetes. (5) A description of the different types of diabetes screening tests available. (b) The information sheet shall be developed by the State Department of Education in coordination with any other entity the department deems appropriate. The information sheet shall be made available to each school district through the State Department of Education’s Web site and any other Web site the department deems appropriate, as well as by providing written copies of the information sheet to the school district upon written request to the department. (c) It is the intent of the Legislature that school districts, to the extent that resources or funds, or both, are available, provide information to parents regarding locations at which parents may receive diabetes screening and education services at free or reduced costs from public or private sources. (Added by Stats. 2006, Ch. 235, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49452.8. Source version: id_ad2982f6-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. (a) (1) A pupil, while enrolled in kindergarten in a public school, or while enrolled in first grade in a public school if the pupil was not previously enrolled in kindergarten in a public school, no later than May 31 of the school year, shall present proof of having received an oral health assessment by a licensed dentist, or other licensed or registered dental health professional operating within the professional’s scope of practice, that was performed no earlier than 12 months before the date of the initial enrollment of the pupil. (2) For purposes of this section, “kindergarten” includes both transitional kindergarten and kindergarten. The proof described in subdivision (a) shall be required only once during a two-year kindergarten program. (b) The parent or legal guardian of a pupil may be excused from complying with subdivision (a) by indicating on the form described in subdivision (d) that the oral health assessment could not be completed because of one or more of the reasons provided in subparagraphs (A) to (C), inclusive, of paragraph (2) of subdivision (d). (c) A public school shall notify the parent or legal guardian of a pupil described in subdivision (a) concerning the assessment requirement. The notification, at a minimum, shall consist of a letter that includes all of the following: (1) An explanation of the administrative requirements of this section. (2) Information on the importance of primary teeth. (3) Information on the importance of oral health to overall health and to learning. (4) A toll-free telephone number to request an application for Medi-Cal or other government-subsidized health insurance programs. (5) Contact information for county public health departments. (6) A statement of privacy applicable under state and federal laws and regulations. (d) In order to ensure uniform data collection, the department, in consultation with the state dental director and interested persons, shall develop, revise as necessary, and make available on the internet website of the department, a standardized notification form as specified in subdivision (c) that shall be used by each school district. The standardized form shall include all of the following: (1) A section to be used by the licensed dentist or other licensed or registered dental health professional performing the assessment to record information that is consistent with the information collected on the oral health assessment form developed by the Association of State and Territorial Dental Directors. (2) A section in which the parent or legal guardian of a pupil can indicate the reason why an assessment could not be completed by marking the box next to the appropriate reason. The reasons for not completing an assessment shall include all of the following: (A) Completion of an assessment poses an undue financial burden on the parent or legal guardian. (B) Lack of access by the parent or legal guardian to a licensed dentist or other licensed or registered dental health professional. (C) The parent or legal guardian does not consent to an assessment. (3) (A) A section stating that, if a school or school district hosts a free oral health assessment event at which licensed dentists or other licensed or registered dental health professionals perform schoolsite assessments of pupils enrolled in the school, a pupil shall be given an oral health assessment unless the parent or legal guardian of the pupil has opted out of the schoolsite assessment pursuant to subparagraph (B). (B) A section in which the parent or legal guardian of a pupil can indicate that the parent or legal guardian does not consent to the pupil receiving the oral health assessment described in subparagraph (A). A failure to opt out of the pupil oral health assessment pursuant to this subparagraph shall not be deemed to be consent for dental treatment of any kind. (C) A section informing the parent or legal guardian that a pupil shall not receive dental treatment of any kind as part of the schoolsite assessment described in subparagraph (A) unless the pupil’s parent or legal guardian has provided informed consent for the treatment. (e) Upon receiving completed assessments, all school districts, by July 1 of each year, shall submit a report to a system designated by the state dental director for the collection of those reports or the county office of education of the county in which the school district is located, or both. The report shall include all of the following: (1) The total number of pupils in the school district, by school, who are subject to the requirement to present proof of having received an oral health assessment pursuant to subdivision (a). (2) The total number of pupils described in paragraph (1) who present proof of an assessment. (3) The total number of pupils described in paragraph (1) who could not complete an assessment due to financial burden. (4) The total number of pupils described in paragraph (1) who could not complete an assessment due to lack of access to a licensed dentist or other licensed or registered dental health professional. (5) The total number of pupils described in paragraph (1) who could not complete an assessment because their parents or legal guardians did not consent to their child receiving the assessment. (6) The total number of pupils described in paragraph (1) who are assessed and found to have had caries experience. (7) The total number of pupils described in paragraph (1) who are assessed and found to have untreated decay. (8) The total number of pupils described in paragraph (1) who did not return either the assessment form or the waiver request to the school. (f) All school districts that have fulfilled the report requirement described in subdivision (e) by submitting a report to the county office of education and all county offices of education are encouraged to submit the report described in subdivision (e) to a system designated by the state dental director for the collection of those reports. (g) Each county office of education shall maintain the data described in subdivision (e) in a manner that allows the county office of education to release it upon request. (h) This section does not prohibit any of the following: (1) County offices of education from sharing aggregate data collected pursuant to this section with other governmental agencies, philanthropic organizations, or other nonprofit organizations for the purpose of data analysis. (2) Use of assessment data that is compliant with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) for purposes of conducting research and analysis on the oral health status of public school pupils in California. (i) (1) This section does not preclude a school district or county office of education from developing a schoolsite-based oral health assessment program to meet the requirements of this section. (2) If a school district or county office of education hosts an oral health assessment program, reports made to a parent, legal guardian, or caregiver of a pupil experiencing homelessness about a pupil defect identified from this oral health assessment should be made by alternative communication channels rather than mail, when possible. (j) The Office of Oral Health of the Chronic Disease Control Branch of the State Department of Public Health shall conduct or provide for the conducting of periodic evaluations of the requirements imposed by this section. The Office of Oral Health may receive private funds and contract with the University of California to fulfill the duties described in this subdivision. (k) Funds appropriated in the annual Budget Act for the activities required by this section shall first be used to offset reimbursement provided to local educational agencies pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for state-mandated costs imposed by this section. (Amended by Stats. 2025, Ch. 163, Sec. 2. (AB 677) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49454. Source version: id_d753c7a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. A person employed by a school district in a position requiring certification qualifications who holds a valid special credential authorizing the teaching of lipreading or the teaching of the deaf and hard of hearing or a standard teaching credential with specialized preparation in the area of the deaf and hard of hearing or in the area of the speech and hearing handicapped or who holds a certificate of registration to serve as a school audiometrist issued by the State Department of Health Services may, subject to Section 49451, test the hearing of pupils of the district through the use of an audiometer for the purpose of detecting pupils with impaired hearing. (Amended by Stats. 1981, Ch. 714, Sec. 96.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49455. Source version: id_dc5d00c9-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. (a) (1) During the kindergarten year or upon first enrollment or entry in a California school district of a pupil at an elementary school, and in grades 2, 5, and 8, the pupil’s vision shall be appraised by the school nurse or other authorized person under Section 49452. (2) A pupil whose first enrollment or entry occurs in grade 4 or 7 shall not be required to be appraised in the year immediately following the pupil’s first enrollment or entry. (b) The vision appraisal shall include tests for near vision, far vision, and color vision; however, color vision shall be appraised once and only on male pupils, and the results of the appraisal shall be entered in the health record of the pupil. Color vision appraisal need not begin until the male pupil has reached the first grade. (c) The appraisal may be waived, if the pupil’s parents so desire, by their presenting of a certificate from a physician and surgeon, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or an optometrist setting out the results of a determination of the pupil’s vision, including visual acuity and color vision. (d) A pupil’s vision may be appraised by using an eye chart or any other scientifically validated photoscreening test. Photoscreening tests shall be performed, under an agreement with, or the supervision of, an optometrist or ophthalmologist, by the school nurse or a trained individual who meets requirements established by the department. (e) Continual and regular observation of the pupil’s eyes, appearance, behavior, visual performance, and perception that may indicate vision difficulties shall be done by the school nurse and the classroom teacher. (f) This section shall not apply to a pupil whose parents or guardian file with the principal of the school in which the pupil is enrolling, a statement in writing that they adhere to the faith or teachings of any well-recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depend for healing upon prayer in the practice of their religion. (g) The department shall adopt guidelines to implement this section, including training requirements and a method of testing for near vision. (Amended by Stats. 2023, Ch. 853, Sec. 3. (AB 1722) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49455.5. Source version: id_b1f89738-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. (a) A local educational agency maintaining kindergarten or any of grades 1 to 12, inclusive, may enter into a memorandum of understanding with a nonprofit eye examination provider to provide eye examinations to pupils at any schoolsite within the local educational agency. Eye examinations provided under this section shall be supplemental to, and shall not replace, the vision screenings provided pursuant to Section 49455, and shall be noninvasive and provided exclusively for the purpose of providing eyeglasses. Examination providers providing eye examinations pursuant to this section shall provide reports to parents and guardians consistent with Section 49456. (b) (1) Before an eye examination is provided at a schoolsite pursuant to subdivision (a), the local educational agency shall have a memorandum of understanding in place with a nonprofit eye examination provider, including, but not limited to, a nonprofit mobile eye examination provider, and the school shall notify parents and guardians of the upcoming provision of eye examinations at the schoolsite. Notification shall include a form on which a parent or guardian may indicate that they do not consent to an eye examination being provided, pursuant to subdivision (a), to their child. The parent or guardian may opt out of their child receiving an eye examination, pursuant to subdivision (a), by submitting the completed form to the school before an eye examination is provided at the schoolsite. Except as provided in clause (ii) of subparagraph (D) of paragraph (3) of subdivision (d), a parent or guardian who submits a written statement in accordance with Section 49451 is deemed to have opted out of their child receiving an eye examination pursuant to subdivision (a). (2) No later than March 1, 2023, the department shall develop and post on appropriate department internet websites a model opt-out form for purposes of paragraph (1). (c) (1) Notwithstanding any other law and subject to paragraph (3), participating licensed health care professionals, including independent contractors of those professionals, shall have immunity from civil and criminal liability, and shall not be subject to disciplinary action by a licensing board, for providing services that are authorized by this section without parent or guardian consent pursuant to this section or Section 49091.12. (2) Notwithstanding any other law and subject to paragraph (3), participating local educational agencies shall have immunity from civil and criminal liability for providing services that are authorized by this section without parent or guardian consent pursuant to this section or Section 49091.12. (3) This subdivision does not affect any of the following: (A) A person’s liability for damages caused by an act or omission that constitutes gross negligence or willful or wanton misconduct. (B) A person’s culpability for an act that constitutes a crime and is not specifically authorized by this section. (C) The ability of a licensing board to take disciplinary action against a licensed health care professional for an act not specifically authorized by this section. (D) (i) The ability of a parent or guardian, having control or charge of a pupil enrolled in the school, to file an annual written statement pursuant to Section 49451, stating that they do not consent to a physical examination of their child, thereby exempting the pupil from any physical examination, including, but not limited to, the eye examination authorized in this section. (ii) Notwithstanding the filing of a written statement exempting a child from any physical examination in accordance with Section 49451, a parent or guardian having control or charge of any child enrolled in the school may consent to an eye examination authorized in this section by means of executing a written consent to the examination, a copy of which shall be provided to the parent or guardian and the school. (d) Eye examination providers providing eye examinations to pupils at a school pursuant to this section are subject to, and shall comply with, Section 51520. (e) Any nonprofit eye examination provider, participating licensed health care professional, including independent contractors of these professionals, or other entity providing services under this section shall comply with the requirements of Section 45125.1 before interacting with any pupils. (f) Reports made to a parent, legal guardian, or caregiver of a pupil experiencing homelessness about a pupil defect identified from an eye examination facilitated by a nonprofit eye examination provider pursuant to this section should be made by alternative communication channels rather than mail, when possible. (g) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “Nonprofit mobile eye examination provider” means a nonprofit owner and operator of a “mobile optometric office,” as defined in subdivision (a) of Section 3070.2 of the Business and Professions Code. (Amended by Stats. 2025, Ch. 163, Sec. 3. (AB 677) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49456. Source version: id_d753c7a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. (a) When a defect other than a visual defect has been noted by the supervisor of health or his assistant, a report shall be made to the parent or guardian of the child, asking the parent or guardian to take such action as will cure or correct the defect. Such report, if made in writing, shall not include any recommendation suggesting or directing the pupil to a designated individual for the purpose of curing or correcting any defect referred to in the report. (b) When a visual defect has been noted by the supervisor of health or his assistant, a report shall be made to the parent or guardian of the child, asking the parent or guardian to take such action as will correct the defect. Such report, if made in writing, must be made on a form prescribed or approved by the Superintendent of Public Instruction and shall not include therein any recommendation suggesting or directing the pupil to a designated individual or class of practitioner for the purpose of correcting any defect referred to in the report. (c) The provisions of this section do not prevent a supervisor of health from recommending in a written report that the child be taken to a public clinic or diagnostic and treatment center operated by a public hospital or by the state, county, or city department of public health. (Amended by Stats. 1978, Ch. 843.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49457. Source version: id_d753c7a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. The supervisor of health shall make such reports from time to time as he deems best to the governing board of the school district, or as the board may call for, showing the number of defective children in the schools of the district and the effort made to correct the defects. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4. Physical Examinations [49450 - 49458] SECTION 49458. Source version: id_54b4eed8-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4. When a school district or a county superintendent of schools requires a physical examination as a condition of participation in an interscholastic athletic program, the physical examination may be performed by a physician and surgeon or physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. (Added by Stats. 2010, Ch. 512, Sec. 8. (SB 1069) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] SECTION 49460. Source version: id_d7554e4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.5. (a) The State Department of Education, the State Department of Health Services, and the State Department of Social Services shall jointly enter into a collaborative agreement with the California State University, the University of California, and California medical schools, to establish a standardized health assessment of the children within public schools, and develop a data base on the health of children who are representative of the state’s population. The California State University is responsible for coordinating this effort. (b) The agreement shall address all of the following: (1) Conducting the health assessment which may include the following: (A) Anthropometric measures. (B) Testing for physical fitness. (C) Testing for chronic disease indicators by using the following methods: (i) A survey of family health and medical history. (ii) Blood pressure measurement. (iii) A blood panel by participating pupils, on a voluntary basis, and with the written consent of the pupil’s parent or guardian. (D) Assessment of the nutritional status of participating pupils. (E) Conducting a voluntary and anonymous survey relating to alcohol, drug, and tobacco use, and related diseases. (2) Establishing a coordinating center at the California State University, in collaboration with the University of California and California medical schools, with pupil assessment sites at public schools. (3) Summarizing the assessment findings that shall be made available to the public. (4) Providing the assessment results to the State Department of Health Services, other state agencies, and to medical and education groups. (c) No child shall be required to participate in a standardized health assessment program if the parent or guardian of that child objects to that participation because the program conflicts with the religious beliefs of the parent or guardian. The objection shall be made in a written form and shall be included in a letter submitted to the coordinating center, acknowledging parental notice of the health assessment. (Amended by Stats. 1997, Ch. 430, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] SECTION 49461. Source version: id_d7554e4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.5. The coordinating center at the California State University shall select a sample of schools that is demographically and ethnically representative of the state’s population to participate in the health assessment. (Amended by Stats. 1997, Ch. 430, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] SECTION 49462. Source version: id_d7554e51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.5. The health assessment shall be conducted over a four-year period and shall be completed on or before December 31, 2002. (Amended by Stats. 1997, Ch. 430, Sec. 3. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] SECTION 49463. Source version: id_d7554e53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.5. The California State University shall notify the parent or guardian of each pupil for whom the assessment has detected health problems and shall recommend further consultation with a physician. If there is no physician available, the coordinating center shall direct the parent or guardian to an appropriate medical referral. Under no circumstances shall a school, the California State University, or the University of California be held liable for the parent or guardian’s action, or failure to take action on seeking medical care for the identified health problem. This section is not applicable to alcohol, drug, and tobacco use. (Amended by Stats. 1997, Ch. 430, Sec. 4. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] SECTION 49464. Source version: id_d756d4f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.5. The State Department of Health Services and the State Department of Social Services shall be provided with scientifically valid results of the health assessment that may be used to base revisions of school curriculum, state health programs, and teacher and personnel training related to child health and development. (Added by Stats. 1992, Ch. 1246, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] SECTION 49465. Source version: id_d756d4f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.5. (a) The agencies enumerated in Section 49460 shall only be required to implement this article upon the availability of funds received from the private sector and state funds appropriated for the purposes of this article in a total amount sufficient to cover all costs relating to the implementation and continuing administration of this article. (b) The California State University shall notify all participating entities, including school districts, the State Department of Education, the State Department of Health Services, the State Department of Social Services, and the University of California when sufficient funds are available to meet the requirements specified in subdivision (a). (c) All funds received from the private sector under this article shall be deposited in the State Treasury and are continuously appropriated to the California State University, which shall allocate those funds to participating agencies to reimburse those agencies for costs incurred in carrying out this article. The amounts allocated to the State Department of Education shall include amounts sufficient to reimburse participating school districts for any costs incurred pursuant to this article. (d) No school district shall be required to participate in the assessments unless it is reimbursed from those funds for all costs incurred pursuant to this article. (e) It is the intent of the Legislature that each fiscal year funds be appropriated to the California State University for the purposes of this article in an amount equal to the private sector funds received for those purposes for the relevant fiscal year, up to a maximum of one hundred twenty thousand dollars ($120,000) in state funds in any fiscal year. Under no circumstances shall state funds appropriated for the purposes of this article be apportioned in any fiscal year until the private funds necessary to fully fund the assessment required by this article have been received. (f) Reimbursements pursuant to this section shall be limited to the amounts and purposes specified in the collaborative agreement described in Section 49460. (Amended by Stats. 1997, Ch. 430, Sec. 5. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.5. Pupil Health Assessment [49460 - 49466] SECTION 49466. Source version: id_d756d4f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.5. No provision of this chapter shall apply to the University of California unless the Regents of the University of California, by resolution, make that provision applicable. (Added by Stats. 1994, Ch. 195, Sec. 5. Effective July 12, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] SECTION 49468. Source version: id_06b13874-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.6. This article shall be known, and may be cited, as the Seizure Safe Schools Act. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] SECTION 49468.1. Source version: id_06b15f86-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.6. For purposes of this article, the following definitions apply: (a) “Authorizing physician and surgeon” may include, but is not limited to, a physician and surgeon employed by, or contracted with, a local educational agency, a medical director of the local health department, or a local emergency medical services director. (b) “Local educational agency” means a school district, county office of education, or charter school. (c) “School” means a public school maintained by a school district or county office of education, or a charter school. (d) “Seizure action plan” means a written, individualized health plan designed to acknowledge and prepare for the health care needs of a pupil diagnosed with seizures, a seizure disorder, or epilepsy. (e) “Volunteer” means an employee who (1) has volunteered to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure, (2) has been designated by a school or local educational agency, and (3) has received training pursuant to subdivision (c) of Section 49468.2. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] SECTION 49468.2. Source version: id_06b15f88-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.6. (a) (1) If a pupil diagnosed with seizures, a seizure disorder, or epilepsy has been prescribed an emergency anti-seizure medication by the pupil’s health care provider, the pupil’s local educational agency, upon receipt of a request from the pupil’s parent or guardian, may designate one or more volunteers at the pupil’s school to receive initial and annual refresher training, based on the standards developed pursuant to subdivision (c), regarding the emergency use of anti-seizure medication from the school nurse or other qualified person designated by an authorizing physician and surgeon. There shall be no retaliation against any individual who chooses not to volunteer or who rescinds the individual’s offer to volunteer, including after receiving training. (2) An employee who volunteers pursuant to this article may rescind their offer to administer emergency anti-seizure medication at any time, including after receipt of training. (b) A school nurse or, if the school does not have a school nurse or the school nurse is not onsite or available, a volunteer who is designated pursuant to paragraph (1) of subdivision (a) and who has received training as described in that paragraph, may administer emergency anti-seizure medication in accordance with this article to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. (c) (1) The Superintendent shall, on or before July 1, 2023, establish minimum standards of training to recognize and respond to seizures, including training for the administration of emergency anti-seizure medication that satisfies the requirements of paragraph (2). Every five years, or sooner as deemed necessary by the Superintendent, the Superintendent shall review the minimum standards of training for the administration of emergency anti-seizure medication that satisfy the requirements of paragraph (2). For purposes of this subdivision, the Superintendent shall consult with organizations and providers with expertise in epilepsy and administering emergency anti-seizure medication and administering medication in a school environment, including, but not limited to, the Epilepsy Foundation, Epilepsy Foundations in California, the California School Nurses Organization, the California Medical Association, and the American Academy of Pediatrics. (2) Training established pursuant to this subdivision shall include all of the following: (A) Recognition of the signs and symptoms of seizures and the appropriate steps to be taken to respond to those symptoms. (B) Administration, or assisting with the self-administration of, an emergency anti-seizure medication, or a medication or therapy prescribed to treat the symptoms of seizures, seizure disorders, or epilepsy, including manual vagus nerve stimulation, approved by the United States Food and Drug Administration, or any successor agency. (C) Basic emergency followup procedures. (D) Written materials covering the information required under this subdivision. (3) Training established pursuant to this subdivision shall be consistent with the most recent guidelines for medication administration issued by the department. (4) A school shall retain for reference the written materials prepared under subparagraph (D) of paragraph (2). (5) The department shall include on its internet website a clearinghouse for best practices in training nonmedical personnel to administer emergency anti-seizure medication. (6) Training established pursuant to this subdivision shall be provided to the volunteer at no cost to the volunteer and during the volunteer’s regular working hours. (d) (1) Except as provided in paragraph (2), any local educational agency or school, upon receipt of a parent or guardian’s request pursuant to subdivision (a), shall distribute a notice at least once but no more than two times per school year to all staff that includes all of the following information: (A) A description of the volunteer request stating that the request is for volunteers to be trained to recognize and respond to seizures, including training to administer emergency anti-seizure medication to a pupil diagnosed with seizures, a seizure disorder, or epilepsy if the pupil is suffering from a seizure. (B) A description of the training that the volunteer will receive pursuant to subdivision (c). (C) The right of an employee to rescind their offer to volunteer pursuant to this article. (D) A statement that there will be no retaliation against any individual for rescinding the individual’s offer to volunteer, including after receiving training. (2) Notwithstanding paragraph (1), if a volunteer rescinds the volunteer’s offer to volunteer or is no longer able to act as a volunteer for any reason, or if the placement of a pupil changes and the pupil no longer has access to a trained volunteer, an additional two notices per school year may be distributed to all staff. (e) Pursuant to Section 504 of the federal Rehabilitation Act of 1973, as amended, (29 U.S.C. Sec. 794), and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), upon receipt of the parent’s or guardian’s request pursuant to subdivision (a), the local educational agency shall notify the parent or guardian that the parent or guardian’s child may qualify for services or accommodations pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program and shall assist the parent or guardian with the exploration of that option. (f) The local educational agency may ask the parent or guardian to sign a notice verifying that the parent or guardian was given information about Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and that the parent or guardian understands that it is the parent or guardian’s right to request a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program at any time. (g) If there are no volunteers at the pupil’s school pursuant to subdivision (a) the local educational agency shall notify the pupil’s parent or guardian of the pupil’s right to be assessed for services and accommodations guaranteed under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (h) This section shall not be construed to preclude the negotiation by collective bargaining of additional compensation for volunteers. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] SECTION 49468.3. Source version: id_06b15f8a-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.6. (a) Before administering emergency anti-seizure medication or therapy prescribed to treat seizures in a pupil diagnosed with seizures, a seizure disorder, or epilepsy, a local educational agency shall obtain from the pupil’s parent or guardian a seizure action plan that includes all of the following: (1) (A) Authorization, in writing, for the medication to be administered to the pupil at school. (B) Authorization pursuant to subparagraph (A) shall be effective for the school year in which it is granted, and shall be renewed each school year, unless needed sooner. (2) A copy of a statement, in writing, from the pupil’s health care provider that includes all of the following information: (A) The pupil’s name. (B) The name and purpose of the medication. (C) The prescribed dosage. (D) The method of administration. (E) The frequency with which the medication may be administered. (F) Detailed seizure symptoms, including frequency, type, or length of seizures that identify when the administration of an emergency anti-seizure medication becomes necessary. (G) The circumstances under which the medication may be administered. (H) Any potential adverse responses by the pupil and recommended mitigation actions, including when to call emergency services, including the emergency 911 telephone number. (I) A protocol for observing the pupil after a seizure, including, but not limited to, whether the pupil should rest in the school office, whether the pupil may return to class, and the length of time the pupil should be under direct observation. (3) How and where the emergency anti-seizure medication will be stored at the school. (4) A signed notice verifying that the parent or guardian was given information about Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), pursuant to subdivision (e) of Section 49468.2, and that the parent or guardian understands that it is the parent or guardian’s right to request a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program at any time. (5) A signed notice verifying that a pupil’s seizure may be responded to, including with the administration of emergency anti-seizure medication prescribed to the pupil, by a nonmedical professional who has received training pursuant to subdivision (c) of Section 49468.2. (b) The school administrator or the school administrator’s designee shall notify the school nurse assigned to the school or local educational agency if an employee at the schoolsite administers an emergency anti-seizure medication pursuant to this article. If a school nurse is not assigned to the local educational agency, the school administrator or the school administrator’s designee shall notify the superintendent of the school district or the superintendent of the school district’s designee, the county superintendent of schools or the county superintendent of schools’ designee, or the charter school administrator or the charter school administrator’s designee, as appropriate, if an employee at the school administers an emergency anti-seizure medication pursuant to this article. (c) (1) The school nurse assigned to the school or a nurse from the local educational agency shall collaborate with the parent or guardian of each pupil diagnosed with seizures, a seizure disorder, or epilepsy to create a seizure action plan pursuant to subdivision (a), if the pupil does not have an individualized education plan pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). (2) If the school obtains written consent from a pupil’s parent or guardian, in accordance with Section 99.30 of Title 34 of the Code of Federal Regulations, the seizure action plan shall be distributed to any school personnel or volunteers responsible for the supervision or care of that pupil. (d) The notification required pursuant to subdivision (b) and the seizure action plan created pursuant to subdivision (a) shall be kept on file in the office of the school nurse or a school administrator, in compliance with all applicable state and federal privacy laws. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] SECTION 49468.4. Source version: id_06b15f8c-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.6. Emergency anti-seizure medication or medication prescribed to a pupil to treat the pupil’s seizures, a seizure disorder, or epilepsy symptoms shall be provided to the school with the label affixed by the dispensing pharmacy intact. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 4.6. The Seizure Safe Schools Act [49468 - 49468.5] SECTION 49468.5. Source version: id_06b15f8e-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=4.6. (a) Any local educational agency that designates volunteers pursuant to subdivision (a) of Section 49468.2 shall ensure that each employee who volunteers under this article will be provided defense and indemnification by the local educational agency for any and all civil liability, in accordance with, but not limited to, that provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. This information shall be reduced to writing, provided to the volunteer, and retained in the volunteer’s personnel file. (b) (1) Notwithstanding any other law, except as provided in paragraph (2), a person trained as required under subdivision (c) of Section 49468.2 who administers emergency anti-seizure medication or medication prescribed for seizure disorder symptoms in compliance with this article, in good faith and not for compensation, to a pupil diagnosed with seizures, a seizure disorder, or epilepsy who appears to be experiencing a seizure shall not be subject to professional review, be liable in a civil action, or be subject to criminal prosecution for the person’s acts or omissions in administering the emergency anti-seizure medication. (2) The protection specified in paragraph (1) shall not affect any of the following: (A) A person’s liability for an act or omission that constitutes gross negligence or willful or wanton misconduct. (B) A person’s culpability for an act that constitutes a crime and is not specifically authorized by this article. (C) The ability of a licensing board to take disciplinary action against a licensed health care professional for an act not specifically authorized by this article. (3) Any public employee who volunteers to administer emergency anti-seizure medication pursuant to subdivision (b) of Section 49468.2 is not providing emergency medical care for compensation, notwithstanding the fact that the employee is a paid public employee. (Added by Stats. 2022, Ch. 906, Sec. 1. (AB 1810) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 5. District Medical Services and Insurance [49470 - 49476] SECTION 49470. Source version: id_d756d4fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=5. The governing board of any school district or districts may provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance from authorized insurer, for pupils of the district or districts injured while participating in athletic activities under the jurisdiction of, or sponsored or controlled by, the district or districts or the authorities of any school of the district or districts. The cost of the insurance or membership may be paid, from the funds of the district or districts, or by the insured pupil, his parent or guardian. The insurance may be purchased from, or the membership may be taken in, only such companies or corporations as are authorized to do business in this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 5. District Medical Services and Insurance [49470 - 49476] SECTION 49471. Source version: id_d7585b9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=5. If the governing board of any school district maintaining junior high schools or high schools does not provide or make available medical and hospital services for pupils of the district injured while participating in athletic activities, in accordance with Section 49470, the board shall notify, in writing, the parent or guardian of each pupil of the district participating in such athletic activities that the services are not provided or made available by the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 5. District Medical Services and Insurance [49470 - 49476] SECTION 49471.5. Source version: id_d7585ba1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=5. (a) If funding is made available for this purpose, the Legislature requests the University of California to design a study and conduct a representative sampling of pupil injuries from participation in high school athletic events over a period of three school years commencing with the 2000–01 school year. It is further the intent of the Legislature that the University of California consult with the State Board of Education and the State Department of Education regarding the design of the study and regarding the university’s procedure for ensuring the success of the project. The data shall be compiled and analyzed so as to permit valid conclusions to be drawn and recommendations to be made regarding, at a minimum, all of the following: (1) The actual statewide frequency of injuries and reinjuries. (2) Methods for creating intervention programs to decrease the incidence of injuries. (3) The number and extent of training of primary health personnel responsible for the care of athletes at the high schools. (4) Possible methods for decreasing health care costs due to improper evaluation and care of athletic injuries. (5) Identifying risk factors for high school athletes including factors relating to the severity of injuries, the immediate evaluation, care, and treatment of injuries, and the time loss associated with injuries. (6) Recommended programs, policies, and procedures designed to provide long-term solutions for preventing injuries to high school athletes. (7) Developing an athletic safety plan, including, but not limited to, written safety standards of care for high school athletes. (b) The completed project, including an executive summary, key findings, conclusions, and recommendations, shall be disseminated to all public high schools in the state, and shall be submitted to the Legislature and the State Board of Education by December 1, 2003. (c) The annual General Fund costs of the program shall not exceed seventy-five thousand dollars ($75,000). (d) This section shall apply to the University of California only if its participation is approved by resolution of the Regents of the University of California. (Added by Stats. 1998, Ch. 940, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 5. District Medical Services and Insurance [49470 - 49476] SECTION 49472. Source version: id_d7585ba3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=5. The governing board of any school district or districts which does not employ at least five physicians as full-time supervisors of health, or the equivalent thereof, may provide, or make available, medical or hospital service, or both, through nonprofit membership corporations defraying the cost of medical service or hospital service, or both, or through group, blanket or individual policies of accident insurance or through policies of liability insurance from authorized insurers, for injuries to pupils of the district or districts arising out of accidents occurring while in or on buildings and other premises of the district or districts during the time such pupils are required to be therein or thereon by reason of their attendance upon a regular day school of such district or districts or while being transported by the district or districts to and from school or other place of instruction, or while at any other place as an incident to school-sponsored activities and while being transported to, from and between such places. No pupils shall be compelled to accept such service without his consent, or if a minor without the consent of his parent or guardian. The cost of the insurance or membership may be paid, from the funds of the district or districts, or by the insured pupil, his parent or guardian. Such insurance may be purchased from, or such membership may be taken in, only such companies or corporations as are authorized to do business in California. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 5. District Medical Services and Insurance [49470 - 49476] SECTION 49473. Source version: id_d7585ba5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=5. To facilitate the authority referred to in Sections 49470 and 49472 the governing board of the school district or school districts may authorize the distribution by district personnel of such printed matter as may be furnished by the insurer or membership corporation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 5. District Medical Services and Insurance [49470 - 49476] SECTION 49474. Source version: id_d759e247-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=5. The governing board of any school district or districts may provide, or make available, ambulance service, paid for out of school district funds, for pupils, instructors, spectators, and other individuals in attendance at athletic activities under the jurisdiction of, or sponsored or controlled by, the district or districts or the authorities of any school of the district or districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 5. District Medical Services and Insurance [49470 - 49476] SECTION 49475. Source version: id_59c4ddde-898f-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=5. (a) If a school district, charter school, or private school elects to offer an athletic program, the school district, charter school, or private school shall comply with both of the following: (1) An athlete who is suspected of sustaining a concussion or head injury in an athletic activity shall be immediately removed from the athletic activity for the remainder of the day, and shall not be permitted to return to the athletic activity until he or she is evaluated by a licensed health care provider. The athlete shall not be permitted to return to the athletic activity until he or she receives written clearance to return to the athletic activity from a licensed health care provider. If the licensed health care provider determines that the athlete sustained a concussion or a head injury, the athlete shall also complete a graduated return-to-play protocol of no less than seven days in duration under the supervision of a licensed health care provider. The California Interscholastic Federation is urged to work in consultation with the American Academy of Pediatrics and the American Medical Society for Sports Medicine to develop and adopt rules and protocols to implement this paragraph. (2) On a yearly basis, a concussion and head injury information sheet shall be signed and returned by the athlete and the athlete’s parent or guardian before the athlete initiates practice or competition. (b) As used in this section, “licensed health care provider” means a licensed health care provider who is trained in the management of concussions and is acting within the scope of his or her practice. (c) This section does not apply to an athlete engaging in an athletic activity during the regular schoolday or as part of a physical education course required pursuant to subdivision (d) of Section 51220. (Amended by Stats. 2014, Ch. 165, Sec. 3. (AB 2127) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 5. District Medical Services and Insurance [49470 - 49476] SECTION 49476. Source version: id_f07d6137-fcbc-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=5. (a) If a school district, charter school, or private school elects to offer an athletic program, the school district, charter school, or private school shall annually give the Opioid Factsheet for Patients published by the Centers for Disease Control and Prevention to each athlete. The athlete and, if the athlete is 17 years of age or younger, the athlete’s parent or guardian shall sign a document acknowledging receipt of the Opioid Factsheet for Patients and return that document to the school district, charter school, or private school before the athlete initiates practice or competition. The Opioid Factsheet for Patients may be sent and returned through an electronic medium, including, but not limited to, fax or email. (b) This section does not apply to an athlete engaging in an athletic activity during the regular schoolday or as part of a physical education course required pursuant to subdivision (d) of Section 51220. (Added by Stats. 2018, Ch. 693, Sec. 12. (SB 1109) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 6. Notice to School of Nonepisodic Condition [49480- 49480.] SECTION 49480. Source version: id_d759e24b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=6. The parent or legal guardian of any public school pupil on a continuing medication regimen for a nonepisodic condition, shall inform the school nurse or other designated certificated school employee of the medication being taken, the current dosage, and the name of the supervising physician. With the consent of the parent or legal guardian of the pupil, the school nurse may communicate with the physician and may counsel with the school personnel regarding the possible effects of the drug on the child’s physical, intellectual, and social behavior, as well as possible behavioral signs and symptoms of adverse side effects, omission, or overdose. The superintendent of each school district shall be responsible for informing parents of all pupils of the requirements of this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] SECTION 49490. Source version: id_d759e24f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=7. The Legislature finds and declares that hunger and malnutrition among children from low-income families constitute one of the most critical child health problems in the state; that federal programs to meet child nutrition needs are providing nourishing meals to thousands of the state’s poverty area children who previously could not participate in school lunch programs; that federal funds allocated for child nutrition to California are inadequate to meet critical needs; that the state and local communities bear a responsibility towards meeting these needs; and that the physical well-being of all of the children of the state is a matter of public concern and expenditures to secure such well-being serves a public purpose. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] SECTION 49491. Source version: id_d75b68f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=7. No amount received by a school district or other public or private nonprofit school pursuant to this article or the National School Lunch Program shall be used to reduce the level of district or school expenditures for any existing program of free or reduced-price meals, unless free or reduced-price lunches are provided for each eligible needy child. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] SECTION 49492. Source version: id_e1a9d08b-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=7. A school district or other public or private nonprofit school or agency receiving reimbursement pursuant to this article shall meet standards adopted by the Superintendent for all of the following: (a) The definition of a “nutritionally adequate breakfast.” (b) The definition of a “nutritionally adequate lunch.” (c) Standards for determining the eligibility of children to receive free or reduced-price meals. (d) Standards for the protection of the identity of children for whom reimbursement is made pursuant to this article. (Amended by Stats. 2023, Ch. 600, Sec. 3. (SB 348) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] SECTION 49493. Source version: id_d75b68f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=7. No allocation or reimbursement of funds shall be made pursuant to this article to any public or private nonprofit school or agency in behalf of any child who resides on the premises of such school or agency. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 7. School Breakfast and Lunch Program [49490 - 49494] SECTION 49494. Source version: id_d75b68f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=7. Notwithstanding Section 49493, an allocation shall be made pursuant to this article for a ward or dependent of the court who resides in a probation camp, ranch, juvenile hall, or county operated children’s emergency shelter. The department shall make an allocation for these purposes to a county probation department and welfare agency from funds appropriated to the department for the 1999–2000 fiscal year by crediting the county probation department or welfare agency commencing on July 1, 1999. (Added by Stats. 2000, Ch. 20, Sec. 1. Effective May 8, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 7.5. Breakfast and Morning Snacks for Nonschoolaged Children [49495 - 49496] SECTION 49495. Source version: id_0c844f42-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=7.5. (a) The department shall, in consultation with the State Department of Social Services, develop guidance for local educational agencies participating in the federal School Breakfast Program that maintain kindergarten or any of grades 1 to 6, inclusive, on how to serve eligible nonschoolaged children breakfast or a morning snack at a local educational agency schoolsite. (b) The guidance shall highlight opportunities to maximize federal reimbursement through the federal School Breakfast Program and the federal Child and Adult Care Food Program. (c) A guardian of an eligible nonschoolaged child shall be present at the local educational agency schoolsite in order for the nonschoolaged child to receive breakfast or a morning snack at the schoolsite pursuant to this section. (d) The department shall, in consultation with the State Department of Social Services, develop the guidance in a manner that does not jeopardize federal funding for school meal programs and that maximizes federal meal reimbursement. (e) The department shall post the guidance on its internet website by July 1, 2023. The department is not required to mail the guidance to local educational agencies. (f) This section does not require a local educational agency to take any action. (Added by Stats. 2022, Ch. 905, Sec. 3. (AB 558) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 7.5. Breakfast and Morning Snacks for Nonschoolaged Children [49495 - 49496] SECTION 49496. Source version: id_0c844f44-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=7.5. For purposes of this article, the following definitions apply: (a) “Eligible nonschoolaged child” means a child who is not enrolled in school and who is a sibling, half sibling, or stepsibling of, or a foster child residing with, a pupil who meets the federal eligibility criteria for a free or reduced-price breakfast at a local educational agency participating in the federal School Breakfast Program that maintains kindergarten or any of grades 1 to 6, inclusive. (b) “Guardian” means a parent, stepparent, grandparent, or other adult family member or caretaker who is caring for an eligible nonschoolaged child. (c) “Local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2022, Ch. 905, Sec. 3. (AB 558) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 8. Meals [49501.5 - 49507] SECTION 49501.5. Source version: id_b6cf258a-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=8. (a) Notwithstanding any other provision of this chapter, commencing with the 2022–23 school year all of the following shall apply: (1) (A) (i) A school district, county superintendent of schools, or charter school maintaining kindergarten or any of grades 1 to 12, inclusive, shall make available a nutritionally adequate breakfast and a nutritionally adequate lunch free of charge and with adequate time to eat, as determined by that school district, county superintendent of schools, or charter school in consideration of the recommendations provided by the department pursuant to subdivision (e), during each schoolday to any pupil who requests a meal without consideration of the pupil’s eligibility for a federally funded free or reduced-price meal, except as described in clauses (i) and (ii) of subparagraph (B), with a maximum of one free breakfast meal and one free lunch meal, except for family daycare homes that shall be reimbursed for 75 percent of the meals served. The meals made available under this paragraph shall be nutritionally adequate meals that qualify for federal reimbursement. Participating school districts, county superintendents of schools, and charter schools shall comply with federal regulations for the National School Lunch Program and School Breakfast Program, which includes established mealtimes and shall comply with state requirements for meals served. (ii) Meals served that do not meet federal requirements shall not be eligible for federal or state meal reimbursement. (iii) Meals served that do not meet state requirements shall not be eligible for state meal reimbursement. (B) (i) The department shall submit a waiver request to the United States Department of Agriculture to allow for one meal provided during a schoolday lasting four hours or less to be served in a noncongregate manner. (ii) If the department receives approval for the federal noncongregate waiver required by clause (i), school districts, county superintendents of schools, and charter schools may make available either a nutritionally adequate breakfast or a nutritionally adequate lunch in a noncongregate manner for meal service combinations resulting in either (I) a congregate nutritionally adequate breakfast and a noncongregate nutritionally adequate lunch or (II) a noncongregate nutritionally adequate breakfast and a congregate nutritionally adequate lunch. These meals shall be reimbursed under the provisions of paragraph (2) if both state and federal requirements are met. (2) (A) The department shall provide state meal reimbursement to school districts, county offices of education, and charter schools that participate in, and comply with the requirements of, the federal School Breakfast Program and National School Lunch Program, and any applicable state laws and regulations. State meal reimbursement shall be provided for reduced-price and paid meals served to pupils, as described in subdivision (b). (B) As a condition of receiving funding pursuant to this paragraph, school districts, county offices of education, and charter schools shall conduct direct certification matching through the California Longitudinal Pupil Achievement Data System on a monthly basis. (b) The amount of per-meal reimbursements provided under this section shall not exceed the difference between the sum of the amounts calculated from meals claimed based on the free combined breakfast and lunch reimbursement rates established by the United States Department of Agriculture and state meal contribution established in Section 49559, and the combined federal and state amounts reimbursed for reduced-price and paid meals claimed. (c) The reimbursement required pursuant to this section shall be provided upon appropriation by the Legislature. This section shall not be operative until the Legislature has appropriated funds for purposes of this section. (d) (1) The department may adopt, and as necessary revise, guidelines in accordance with this section at a publicly noticed meeting if the department complies with all of the following: (A) Provides an opportunity for public comment at the meeting. (B) Provides written public notice of a meeting at least 30 days before the meeting at which the guideline to be adopted will be considered or approved. (C) For a substantive revision of the guidelines, the department provides written notice of a meeting at least 15 days before the meeting at which the revision will be considered or approved. (2) The adoption or revision of guidelines pursuant to this subdivision is exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code until July 1, 2023. (e) The department shall review available evidence-based research, studies, and survey findings with school food authorities and school food workers, or their representatives, to make a recommendation for the amount of time that is adequate for a pupil to eat a school meal, including, but not limited to, the steps necessary to ensure that a pupil has adequate time to eat school meals that are served pursuant to this section and examining the role that breakfast in the classroom and other innovative breakfast models can play in supporting adequate time to eat. These recommendations shall be made public on the department’s internet website on or before June 30, 2025. (f) Notwithstanding subdivision (a), a school district, county office of education, or charter school that offers independent study, pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28, shall meet the requirements of this section for any pupil on any schoolday that the pupil is scheduled for educational activities, as defined in Section 49010, lasting two or more hours, at a schoolsite, resource center, meeting space, or other satellite facility. Pupils who are present during established meal times shall have a nutritionally adequate breakfast and nutritionally adequate lunch made available. (g) The chartering authority shall, upon request by a charter school and to the extent feasible within existing resources, provide technical assistance to the charter school in implementing this section. (h) A charter school may enter into a partnership with an existing school food authority for the purposes of implementing this section. (i) The chartering authority shall, upon request by a new charter school, contract with a charter school to make available a nutritionally adequate school breakfast and a nutritionally adequate school lunch until the charter school is an approved school food authority or until July 1 of the school year after the charter school becomes operational, whichever occurs first. The contract shall not exceed the actual costs to provide meals to the charter school, including, but not limited to, additional staffing costs and delivery of meals to the schoolsite, that are not covered by federal or state meal reimbursement. (j) To comply with subdivision (a), a school district, county office of education, or charter school may use funds made available through any federal or state program the purpose of which includes the provision of meals to a pupil, including the federal School Breakfast Program, the federal National School Lunch Program, the federal Summer Food Service Program, the federal Seamless Summer Option, or the state meal program, or may do so at the expense of the school district, county office of education, or charter school. (k) For purposes of this section, the following definitions apply: (1) (A) “Nutritionally adequate breakfast” is one that qualifies for reimbursement under the most current meal pattern for the federal School Breakfast Program, as defined in Section 220.8 of Title 7 of the Code of Federal Regulations. (B) Beginning December 31, 2027, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, a “nutritionally adequate breakfast” does not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (C) Beginning July 1, 2035, a “nutritionally adequate breakfast” does not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (2) (A) “Nutritionally adequate lunch” is one that qualifies for reimbursement under the most current meal pattern for the federal National School Lunch Program, as defined in Section 210.10 of Title 7 of the Code of Federal Regulations. (B) Beginning December 31, 2027, excluding foods provided by the United States Department of Agriculture (USDA) Foods in Schools program, a “nutritionally adequate lunch” does not contain any of the following substances: (i) Blue 1 (CAS 3844-45-9). (ii) Blue 2 (CAS 860-22-0). (iii) Green 3 (CAS 2353-45-9). (iv) Red 40 (CAS 25956-17-6). (v) Yellow 5 (CAS 1934-21-0). (vi) Yellow 6 (CAS 2783-94-0). (C) Beginning July 1, 2035, a “nutritionally adequate lunch” does not include either of the following: (i) Restricted school foods, as defined pursuant to Section 104662 of the Health and Safety Code. (ii) Ultraprocessed foods of concern, as defined pursuant to Section 104662 of the Health and Safety Code. (3) “Schoolday” means any day that pupils in kindergarten or any of grades 1 to 12, inclusive, are present at a schoolsite or school facility for purposes of instruction or educational activities, as defined in Section 49010, including, but not limited to, pupil attendance at minimum days, state-funded preschool, transitional kindergarten, summer school including incoming kindergarten pupils, extended school year days, school-sponsored field trips, independent study when a pupil is onsite during the schoolday, and Saturday school sessions. (Amended by Stats. 2025, Ch. 467, Sec. 6. (AB 1264) Effective January 1, 2026. Section conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 8. Meals [49501.5 - 49507] SECTION 49503. Source version: id_ec8979bf-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=8. School district funds may also be used for the purchase of school meals for pupils, as provided in Sections 49500 and 49501.5. (Amended by Stats. 2023, Ch. 600, Sec. 7. (SB 348) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 8. Meals [49501.5 - 49507] SECTION 49504. Source version: id_d75cefa1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=8. Each official and department of the state having charge of the administering of funds for the relief of indigents may contribute and pay any of the funds subject to his disposal to any school district within the state, to be used by the district for the purchase of school meals for needy pupils. Every county, city and county, and city within the state may pay any of its funds available for the relief of indigents to any school district, within or partly within the county, city and county, and city for this purpose. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 8. Meals [49501.5 - 49507] SECTION 49505. Source version: id_d75cefa3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=8. (a) Any school district or county office of education participating in the National School Lunch Program that provides a meal to a pupil rendered homeless by a state or federally declared disaster may receive reimbursement equal to the combined state and federal free rate, regardless of the pupil’s eligibility for free meals. It is the intent of the Legislature to ensure that pupils who are not eligible for free meals be considered for inclusion in the meal program when their families are temporarily unable to provide adequate meals for them due to the effects of a natural disaster. It is the intent of the Legislature that the reimbursement for these children be on a temporary basis. (b) Any school district or county office of education participating in the National School Lunch Program which is unable to meet the meal component requirement of the state meal program because of a state or federally declared disaster is exempted from serving all required meal components and may be reimbursed at the combined state and federal rates as if the meal component requirements had been met. (c) The State Department of Education may provide a school district or county office of education participating in the National School Lunch Program which has been temporarily closed as a result of a state or federally declared disaster a reimbursement equal to the average daily participation times the average combined state and federal reimbursement rate received by the entity in the month prior to the closure, times the number of days the entity is closed to pay for salaries and other fixed expenses of child nutrition programs. (d) The State Department of Education shall make reimbursements pursuant to subdivision (a), (b), or (c) to school districts and county offices of education participating in the National School Lunch Program from money appropriated from the General Fund for that purpose. Requests for those reimbursements shall be subject to the review and approval of the State Department of Education. Any funds provided for the purposes of this section shall be in lieu of state reimbursement for child nutrition programs. (e) All school districts and county offices of education participating in the National School Lunch Program that apply for exemptions and allowances pursuant to subdivision (c) shall demonstrate conformity with any applicable procedures required in the Disaster Relief Act of 1974, P.L. 93-288, as amended by P.L. 100-707. The State Department of Education shall ensure that applicants for relief under subdivision (c) have followed those procedures. (f) For purposes of this section, “state or federally declared disaster” means only a state or federally declared disaster that occurs on or after the effective date of this section. (g) Moneys in the Disaster Response-Emergency Operations Account in the Reserve for Economic Uncertainties may be allocated for the purposes of this section. (Added by Stats. 1990, Ch. 796, Sec. 2. Effective September 13, 1990.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 8. Meals [49501.5 - 49507] SECTION 49506. Source version: id_7d351bdf-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=8. (a) (1) The department shall work with the State Department of Social Services to maximize participation in the federal Summer Electronic Benefit Transfer for Children (Summer EBT) program established pursuant to the federal Consolidated Appropriations Act, 2023. (2) The department shall share all data determined by the departments to be necessary to adhere to the requirements of paragraph (1) and Section 18901.57 of the Welfare and Institutions Code. (b) The department shall follow the federal guidelines and regulations established pursuant to Section 502 of Title IV of Division HH of the Consolidated Appropriations Act, 2023 to maximize flexibility for local educational agencies to distribute summer meals through noncongregate distributions. (Added by Stats. 2023, Ch. 600, Sec. 8. (SB 348) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 8. Meals [49501.5 - 49507] SECTION 49506.5. Source version: id_f57a3184-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=8. A school that participates in the National School Lunch Program or School Breakfast Program shall determine a pupil’s Summer Electronic Benefits Transfer (EBT) eligibility as follows: (a) For a school that also participates in a special assistance alternative, including the Community Eligibility Provision or Provision 2, for every school year in which annual determinations of eligibility for free and reduced-price school meals is not already required, through a Universal Benefits Application that meets all Summer EBT application and verification requirements established pursuant to Part 292 of Title 7 of the Code of Federal Regulations. (b) For a school that does not participate in a special assistance alternative, annually through a School Meals Application that meets all verification requirements established pursuant to Section 245.6 of Title 7 of the Code of Federal Regulations. (Added by Stats. 2025, Ch. 8, Sec. 44. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 8. Meals [49501.5 - 49507] SECTION 49507. Source version: id_979123c2-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=8. (a) In addition to the funds allocated pursuant to Item 6100-488 of Section 2.0 of the Budget Act of 2026, the sum of four hundred million dollars ($400,000,000) is hereby appropriated, for the 2026–27 fiscal year, from the General Fund to the department for grants to local educational agencies to support kitchen equipment, infrastructure, training, and the continued implementation of universal school meals. Funds allocated to eligible local educational agencies shall be encumbered on or before June 30, 2030, and shall be used for any of the following: (1) Kitchen infrastructure upgrades that will increase capacity for freshly prepared onsite meals using minimally processed, locally grown, and sustainable food, increase a school’s capacity to prepare meals that surpass the current nutritional quality of food served through a federal school meal program, or reduce waste, including any of the following: (A) (i) Cooking equipment, including, but not limited to, electrical support and facility upgrade requirements, combination ovens, dishwashers, steamers, and tilting skillets. (ii) When acquiring new cooking equipment pursuant to this paragraph, local educational agencies receiving funds are encouraged, to the extent practicable, to acquire energy-saving electric and induction equipment rather than equipment that uses fossil fuels. (B) Service equipment, including, but not limited to, service lines, point-of-sale systems, and mobile carts. (C) Refrigeration and storage, including, but not limited to, walk-in refrigerators, freezers, blast chillers, and system upgrades. (D) Transportation of ingredients, meals, and equipment between sites, including, but not limited to, vehicles and equipment to prevent spoilage of food in transit. (E) The support of infrastructure system needs for items described in subparagraphs (A) to (D), inclusive. (F) Nutrition planning equipment, including, but not limited to, equipment needed to determine nutritional content of menus and remove ultraprocessed foods of concern and restricted school foods from school meals. (G) Resources to implement innovative strategies that increase access and participation of the universal school meals program and food assistance for pupils who are or may be experiencing food insecurity, and increased coordination with community services providing food assistance. (2) Staffing and training costs related to implementing universal school meals, including any of the following: (A) Staffing strategies, including recruitment, retention, training, and professional development for food service staff to increase capacity for freshly prepared onsite meals, which may include training on minimally processed, freshly prepared onsite meals, removal of ultraprocessed foods of concern and restricted school foods from menus, sourcing locally and sustainably grown foods, food preparation, healthy food marketing, reducing food waste, and changing the school lunchroom environment. (B) Additional compensation for additional work relating to serving universal school meals that may include minimally processed, locally and sustainably grown foods, a plant-based or restricted diet food option, or a plant-based milk option. (3) Procurement of California-grown, whole or minimally processed, sustainably grown food from California producers, plant-based food and milk options, or restricted diet food options for inclusion in reimbursable meals served through the federal National School Lunch Program and the federal School Breakfast Program, as determined by the State Department of Education, in consultation with the Department of Food and Agriculture. (4) Establishment or expansion of food pantries on schoolsites, which may serve pupils and their family members. (5) Hands-on food education opportunities that engage pupils and connect the classroom with the cafeteria, including, but not limited to, activities in school gardens, on farms, in culinary classes, in settings that celebrate traditional foodways and cultivate food sovereignty, and through other experiential learning pathways. (b) The department shall award grant funds as allocations to local educational agencies, using criteria established by the department, consistent with this section. The department shall give priority, to the greatest extent possible, in this given order: (1) (A) Base Allocation Funding: each eligible local educational agency shall receive a base funding amount, to be determined by the department, to be used for any of the purposes specified in paragraphs (1) to (3), inclusive, of subdivision (a). (B) Priority shall be given to eligible local educational agencies that did not receive funds for kitchen infrastructure or training pursuant to Section 12 of Chapter 744 of the Statutes of 2025. (2) Free or Reduced-Price Meals Pupil Population Allocation Funding: additional funding, if available, shall be allocated to eligible local educational agencies serving high populations of pupils who are eligible for free or reduced-price meals, as defined in Section 42238.01. (3) Additional funding, if available, shall be provided based on the total number for National School Lunch Program meals served from a given time period, to be determined by the State Department of Education. (c) (1) As a condition of receiving funding pursuant to this section, a local educational agency shall provide a progress report and final report to the department, to be made available to other state agencies upon request. The final report shall be submitted on or before June 30, 2031, and include both of the following, as applicable: (A) How the local educational agency used the funding to improve the quality of school meals, including, but not limited to, eliminating food options containing processed foods, ultraprocessed foods of concern, and restricted school foods, lowering the sodium and sugar levels in meal options, and offering more freshly prepared meal options. (B) How the local educational agency used the funding to increase capacity for freshly prepared onsite meals using minimally processed, locally grown, and sustainable food. (2) The department may develop forms or designate existing forms that may be used by local educational agencies to comply with paragraph (1). (3) To the extent practicable, the department shall allow local educational agencies that have previously received funding for kitchen infrastructure and training to consolidate grant reporting pursuant to this subdivision. (d) For purposes of this section, the following definitions apply: (1) “Federal school meal program” means the federal National School Lunch Program, the federal School Breakfast Program, or the federal Seamless Summer Option. (2) “Food service staff” means a person employed on a full-time or part-time basis as a classified school employee by a local educational agency. (3) “Freshly prepared onsite meal” means food service in which the preparation of meals takes place on a daily basis at the site of consumption or in a central kitchen, using whole ingredients in their most basic, minimally processed form, or cooking with both fresh, raw, and whole ingredients and ready-made products. (4) “Local educational agency” means a school district, county office of education, or charter school participating in the federal School Breakfast Program and the federal National School Lunch Program. (5) “Nutritious” means, at minimum, foods that align with the federal and state standards for meals served through the federal National School Lunch Program and the federal School Breakfast Program, and as further defined for purposes of Section 49531. (6) “Restricted school foods” has the same meaning as defined in Section 104662 of the Health and Safety Code. (7) “Ultraprocessed foods of concern” has the same meaning as defined in Section 104662 of the Health and Safety Code. (e) (1) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, three hundred million dollars ($300,000,000) of the amount appropriated in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (2) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one hundred million dollars ($100,000,000) of the amount appropriated in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2026–27 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2026–27 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 100. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 9. Nutrition [49510 - 49520] SECTION 49510. Source version: id_d75cefa7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=9. This article shall be known and may be cited as the Duffy-Moscone Family Nutrition Education and Services Act of 1970. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 9. Nutrition [49510 - 49520] SECTION 49511. Source version: id_d75e9d59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=9. It is the intent of this article to establish an ongoing program to assure that the nutritional requirements of pupils in receipt of public assistance are enhanced by a pervasive program of food supplementation while they are attending school. It is the intent of the Legislature that the program established by this article shall in fiscal years subsequent to the year in which this article is enacted be funded according to customary budgetary procedures. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 9. Nutrition [49510 - 49520] SECTION 49512. Source version: id_f1ebf461-8952-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=9. (a) The State Department of Education shall establish a statewide program to provide nutritious meals at school for pupils and shall enter into an agreement with the United States Department of Health and Human Services, the United States Department of Education, or the United States Department of Agriculture in order to implement the provisions of this article. (b) Funds shall be allocated to school districts in accordance with subdivision (b) of Section 49501.5. Determination with respect to the annual income of any household shall be made solely on the basis of an affidavit executed in such form as the United States Secretary of Agriculture may prescribe by an adult member of such household. The income poverty guidelines to be used for any fiscal year shall be those prescribed by the United States Secretary of Agriculture as of July 1 of each year. (Amended by Stats. 2023, Ch. 600, Sec. 9. (SB 348) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 9. Nutrition [49510 - 49520] SECTION 49513. Source version: id_d75e9d5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=9. To the extent that school districts have an operational program of school meals for pupils, the program authorized by this article shall be integrated with such existing service. In order to extend the program to those pupils attending schools which do not operate a school lunch program and are unable or unwilling to provide meals required by this article, contracts shall be entered into with nonprofit organizations, other public agencies or proprietary agencies. In making such contracts, special consideration shall be given to utilizing the Business Enterprises Program for the Blind established under Article 5 (commencing with Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions Code. Such contracts shall be negotiated, approved and supervised by the Department of Education and terminated as soon as feasible upon certification by the Department of Education that the local school district or school is able and willing to establish a food service program. (Amended by Stats. 1997, Ch. 825, Sec. 22. Effective October 9, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 9. Nutrition [49510 - 49520] SECTION 49515. Source version: id_d76023ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=9. Programs established under this article shall, to the extent feasible and practicable, include provisions for the use of parents of needy pupils in the planning, preparation and serving of meals at school, in order to provide practical experience and training for such parents as part of the educational component of public social services. It is the intent of the Legislature that necessary formal training for such purposes shall, to the maximum extent feasible, be provided under the work incentive programs established under Division 2 (commencing with Section 5000) of the Unemployment Insurance Code. The use of volunteers in the planning, preparation and serving of school meals and nutritional supplements under this article shall also be encouraged in order to enlist the good will of the community toward the success of this program, and in order to reduce program costs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 9. Nutrition [49510 - 49520] SECTION 49518. Source version: id_d7602405-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=9. To the extent that available funds are insufficient to provide services under the program established by this article to all pupils defined as eligible, the following priorities for the provision of such services shall be observed by the Department of Education: (a) First priority for services shall go to pupils within the category of children described in Section 11202 of the Welfare and Institutions Code. (b) Second priority shall go to pupils eligible for social services only under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, and among such category of pupils the order of priorities shall decline progressively according to the age of the pupils, with the youngest pupils receiving the highest priority. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 9. Nutrition [49510 - 49520] SECTION 49519. Source version: id_d7602407-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=9. Each meal provided under this article shall include an appropriate serving of milk; provided, that the provisions of this section shall not be mandatory in the case of demonstration projects conducted pursuant to Section 49514. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 27. PUPILS [48000 - 49703] CHAPTER 9. Pupil and Personnel Health [49400 - 49590] ARTICLE 9. Nutrition [49510 - 49520] SECTION 49520. Source version: id_d7602409-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=27.&chapter=9.&article=9. Notice of the availability of the program prescribed by this article shall be given pursuant to Section 48980. (Added by Stats. 1980, Ch. 975, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51000. Source version: id_d77b9bb7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. This chapter may be known as the George Miller, Jr., Education Act of 1968. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51002. Source version: id_d77b9bb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. The Legislature hereby recognizes that, because of the common needs and interests of the citizens of this state and the nation, there is a need to establish a common state curriculum for the public schools, but that, because of economic, geographic, physical, political and social diversity, there is a need for the development of educational programs at the local level, with the guidance of competent and experienced educators and citizens. Therefore, it is the intent of the Legislature to set broad minimum standards and guidelines for educational programs, and to encourage local districts to develop programs that will best fit the needs and interests of the pupils, pursuant to stated philosophy, goals, and objectives. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51003. Source version: id_d77d225b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. It is the intent of the Legislature that explicit, rigorous statewide academic standards be adopted for all pupils enrolled in public schools. (Added by Stats. 1995, Ch. 274, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51004. Source version: id_d0a53a88-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. The Legislature hereby recognizes that it is the policy of the people of the State of California to provide an educational opportunity to the end that every pupil leaving school shall have the opportunity to be prepared to enter the world of work; that every pupil who graduates from any state-supported educational institution should have sufficient marketable skills for legitimate remunerative employment; that every qualified and eligible adult citizen shall be afforded an educational opportunity to become suitably employed in some remunerative field of employment; and that these opportunities are a right to be enjoyed without regard to economic status or the characteristics listed in Section 220. The Legislature further recognizes that all pupils need to be provided with opportunities to explore and make career choices and to seek appropriate instruction and training to support those choices. The Legislature therefore finds that fairs as community resource and youth leadership activities are integral to assisting and guiding pupils in making choices and therefore encourage the further expansion of cooperative activities between schools, youth leadership activities, and community resources. Among community resources of particular significance in providing information on various career opportunities are vocational and occupational exhibits, demonstrations and activities conducted at fairs. (Amended by Stats. 2007, Ch. 569, Sec. 28. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51005. Source version: id_d77d225f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. In order to carry out the intent of Section 51004, the Department of Education shall annually encourage school districts to plan programs and activities which utilize the resources of fairs and youth leadership activities as an integral part of the vocational instructional program and career decisionmaking. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51006. Source version: id_d77d2261-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. The Legislature finds that the increasing integration of computers and computer technology into our economy has profound implications for our society, and equally important implications for state educational policy. The Legislature also finds that the methods of distribution of computer resources in the public schools will have a substantial effect upon the state’s ability to meet the economic, political, and social challenges of the new technological era. Without adequate and early exposure to a basic computer education and computer resources, many students may be placed at a significant disadvantage in their opportunities to secure success in academics and the job market in the future. As females compose 51 percent of the student population in the state’s public elementary and secondary schools, and ethnic minorities constitute over one-third of that population, it is imperative that California adopt a policy to ensure equitable access to technological education programs. (Added by Stats. 1984, Ch. 293, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51007. Source version: id_f96862e3-3183-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. (a) It is the policy of the State of California that all students enrolled in the state’s public elementary and secondary schools, regardless of race, creed, color, national origin, gender, gender identity, gender expression, physical disability, geographic location, or socioeconomic background, shall have equitable access to educational programs designed to strengthen technological skills, including, but not limited to, computer education programs. (b) It is the intent of the Legislature that state appropriations for educational programs designed to strengthen technological skills, including, but not limited to, computer education programs, shall have the goal of ensuring equitable access to those programs for all students. (c) It is the intent of the Legislature that this section shall not be construed to preclude funding of programs designed to serve certain categories of students as part of the state’s efforts to target areas of high need. (Amended by Stats. 2011, Ch. 719, Sec. 8. (AB 887) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51008. Source version: id_0f8c0c80-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. The State Board of Education shall ensure that the state curriculum and framework, where appropriate, include instruction on Cesar Chavez and the history of the farm labor movement in the United States, and the role of immigrants, including Filipino Americans, in that movement, and that the state criteria for selecting textbooks include information to guide the selection of textbooks that contain sections that highlight the life and contributions of Cesar Chavez, the history of the farm labor movement in the United States, and the role of immigrants, including Filipino Americans, in that movement. (Amended by Stats. 2013, Ch. 476, Sec. 2. (AB 123) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 1. Legislative Intent [51000 - 51009] SECTION 51009. Source version: id_5072ad02-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=1. The month of May is hereby deemed to be Labor History Month throughout the public schools, and school districts are encouraged to commemorate this month with appropriate educational exercises that make pupils aware of the role the labor movement has played in shaping California and the United States. (Amended by Stats. 2012, Ch. 584, Sec. 1. (AB 2269) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51010. Source version: id_d77ea90b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. Unless the context otherwise requires, the definitions set forth in this article govern the construction of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51011. Source version: id_d77ea90d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Educational program” means the entire school-sponsored offering for pupils of a district, including in-class and out-of-class activities. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51012. Source version: id_d77ea90f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Common state curriculum” means the basic curriculum which is prescribed by the proper authority for all elementary schools, or all secondary schools, or all elementary and secondary schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51013. Source version: id_d77ea911-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Curriculum” means the courses of study, courses, subjects, classes and organized group activities provided by a school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51014. Source version: id_d77ea913-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Course of study” means the planned content of a series of classes, courses, subjects, studies, or related activities. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51015. Source version: id_d7802fb5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Course” means an instructional unit of an area or field of organized knowledge, usually provided on a semester, year, or prescribed length-of-time basis. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51016. Source version: id_d7802fb7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Class” means an organized group of pupils within a school who are pursuing a particular course, subject or activity. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51017. Source version: id_d7802fb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Governing board” means that board of education or governing board of any county, city and county, city, or district which has the duty to prescribe the course of study for the schools of the county, city and county, city, or district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51018. Source version: id_d7802fbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “State board” means the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51019. Source version: id_d7802fbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Philosophy” means a composite statement of the relationship between the individual and society based upon beliefs, concepts, and attitudes from which the goals and objectives of the district are derived. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51020. Source version: id_d7802fbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Goal” means a statement of broad direction or intent which is general and timeless and is not concerned with a particular achievement within a specified time period. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 2. Definitions [51010 - 51021] SECTION 51021. Source version: id_d781b561-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=2. “Objective” means a devised accomplishment that can be verified within a given time and under specifiable conditions which, if attained, advances the system toward a corresponding goal. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 3. Role of Local Agency [51040 - 51041] SECTION 51040. Source version: id_d781b565-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=3. The governing board of every school district shall prepare and shall keep on file for public inspection the courses of study prescribed for the schools under its jurisdiction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 3. Role of Local Agency [51040 - 51041] SECTION 51041. Source version: id_d781b567-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=3. The governing board of every school district shall evaluate its educational program, and shall make such revisions as it deems necessary. Any revised educational program shall conform to the requirements of this division. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 4. Enforcement of Courses of Study [51050 - 51057] SECTION 51050. Source version: id_d7833c0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=4. The governing board of every school district shall enforce in its schools the courses of study and the use of textbooks and other instructional materials prescribed and adopted by the proper authority. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 4. Enforcement of Courses of Study [51050 - 51057] SECTION 51053. Source version: id_d7833c0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=4. The course of study for preschool, kindergarten, grades 1 through 6, and grades 7 and 8 of those elementary districts maintaining grades 7 and 8, shall be prescribed and enforced by the governing board. The governing board of any school district may cooperate with the county board of education and the county superintendent of schools in the development of the courses of study required by this section. The development of any course of study by a school district governing board which involves the cooperation of the county board of education and the county superintendent of schools is a proper charge against whatever funds the county superintendent of schools may have for this purpose. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 4. Enforcement of Courses of Study [51050 - 51057] SECTION 51054. Source version: id_d7833c0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=4. Except as provided in Section 51053, the course of study for grades 7 through 12 shall be prepared under the direction of the governing board having control thereof and shall be subject to approval as may be required by the state board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 4. Enforcement of Courses of Study [51050 - 51057] SECTION 51055. Source version: id_d7833c11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=4. Courses for continuation high schools shall be prepared under the direction of the governing board having control thereof. Insofar as possible courses shall meet the high school requirements set forth in Sections 51220 and 51222. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 4. Enforcement of Courses of Study [51050 - 51057] SECTION 51056. Source version: id_d7833c13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=4. A course of study for each adult school shall be prepared under the direction of the governing board of the district maintaining the adult school and shall be subject to approval of the Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1. Education Program [51000 - 51057] ARTICLE 4. Enforcement of Courses of Study [51050 - 51057] SECTION 51057. Source version: id_d7833c15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.&article=4. Upon request of the governing board of any school district, the State Board of Education may, for a number of years to be specified by the board, grant the district exemption from one or more of the course of study requirements set forth in this division. The exemption may be renewed. Such exemption may be granted only if the board deems that the request made is an essential part of a planned experimental curriculum project which the board determines will adequately fit the educational needs and interests of the pupils. The request for exemption shall include all of the following elements: (a) Rationale for the planned experimental curriculum project. (b) Objectives of the planned experimental curriculum project. (c) Plans for the administration and conduct of the planned experimental curriculum project, including the use of personnel, facilities, time, techniques, and activities. (d) Plans for testing and evaluation of the planned experimental curriculum project. (e) Plans for necessary revisions, if any, of the planned experimental curriculum project. (f) Plans for reporting to the State Board of Education on the planned experimental curriculum project. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 1. General Provisions [51100 - 51102] SECTION 51100. Source version: id_d784c2bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=1. The Legislature finds and declares all of the following: (a) It is essential to our democratic form of government that parents and guardians of schoolage children attending public schools and other citizens participate in improving public education institutions. Specifically, involving parents and guardians of pupils in the education process is fundamental to a healthy system of public education. (b) Research has shown conclusively that early and sustained family involvement at home and at school in the education of children results both in improved pupil achievement and in schools that are successful at educating all children, while enabling them to achieve high levels of performance. (c) All participants in the education process benefit when schools genuinely welcome, encourage, and guide families into establishing equal partnerships with schools to support pupil learning. (d) Family and school collaborative efforts are most effective when they involve parents and guardians in a variety of roles at all grade levels, from preschool through high school. (Added by Stats. 1998, Ch. 864, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 1. General Provisions [51100 - 51102] SECTION 51101. Source version: id_d784c2bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=1. (a) Except as provided in subdivision (d), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows: (1) Within a reasonable period of time following making the request, to observe the classroom or classrooms in which their child is enrolled or for the purpose of selecting the school in which their child will be enrolled in accordance with the requirements of any intradistrict or interdistrict pupil attendance policies or programs. (2) Within a reasonable time of their request, to meet with their child’s teacher or teachers and the principal of the school in which their child is enrolled. (3) To volunteer their time and resources for the improvement of school facilities and school programs under the supervision of district employees, including, but not limited to, providing assistance in the classroom with the approval, and under the direct supervision, of the teacher. Although volunteer parents may assist with instruction, primary instructional responsibility shall remain with the teacher. (4) To be notified on a timely basis if their child is absent from school without permission. (5) To receive the results of their child’s performance on standardized tests and statewide tests and information on the performance of the school that their child attends on standardized statewide tests. (6) To request a particular school for their child, and to receive a response from the school district. This paragraph does not obligate the school district to grant the parent’s request. (7) To have a school environment for their child that is safe and supportive of learning. (8) To examine the curriculum materials of the class or classes in which their child is enrolled. (9) To be informed of their child’s progress in school and of the appropriate school personnel whom they should contact if problems arise with their child. (10) To have access to the school records of their child. (11) To receive information concerning the academic performance standards, proficiencies, or skills their child is expected to accomplish. (12) To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school. (13) To receive information about any psychological testing the school does involving their child and to deny permission to give the test. (14) To participate as a member of a parent advisory committee, schoolsite council, or site-based management leadership team, in accordance with any rules and regulations governing membership in these organizations. In order to facilitate parental participation, schoolsite councils are encouraged to schedule a biannual open forum for the purpose of informing parents about current school issues and activities and answering parents’ questions. The meetings should be scheduled on weekends, and prior notice should be provided to parents. (15) To question anything in their child’s record that the parent feels is inaccurate or misleading or is an invasion of privacy and to receive a response from the school. (16) To be notified, as early in the school year as practicable pursuant to Section 48070.5, if their child is identified as being at risk of retention and of their right to consult with school personnel responsible for a decision to promote or retain their child and to appeal a decision to retain or promote their child. (b) In addition to the rights described in subdivision (a), parents and guardians of pupils, including those parents and guardians whose primary language is not English, shall have the opportunity to work together in a mutually supportive and respectful partnership with schools, and to help their children succeed in school. Each governing board of a school district shall develop jointly with parents and guardians, and shall adopt, a policy that outlines the manner in which parents or guardians of pupils, school staff, and pupils may share the responsibility for continuing the intellectual, physical, emotional, and social development and well-being of pupils at each schoolsite. The policy shall include, but is not necessarily limited to, the following: (1) The means by which the school and parents or guardians of pupils may help pupils to achieve academic and other standards of the school. (2) A description of the school’s responsibility to provide a high quality curriculum and instructional program in a supportive and effective learning environment that enables all pupils to meet the academic expectations of the school. (3) The manner in which the parents and guardians of pupils may support the learning environment of their children, including, but not limited to, the following: (A) Monitoring attendance of their children. (B) Ensuring that homework is completed and turned in on a timely basis. (C) Participation of the children in extracurricular activities. (D) Monitoring and regulating the television viewed by their children. (E) Working with their children at home in learning activities that extend learning in the classroom. (F) Volunteering in their children’s classrooms, or for other activities at the school. (G) Participating, as appropriate, in decisions relating to the education of their own child or the total school program. (c) All schools that participate in the High Priority Schools Grant Program established pursuant to Article 3.5 (commencing with Section 52055.600) of Chapter 6.1 of Part 28 and that maintain kindergarten or any of grades 1 to 5, inclusive, shall jointly develop with parents or guardians for all children enrolled at that schoolsite, a school-parent compact pursuant to Section 6319 of Title 20 of the United States Code. (d) This section does not authorize a school to inform a parent or guardian, as provided in this section, or to permit participation by a parent or guardian in the education of a child, if it conflicts with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction. (Amended by Stats. 2004, Ch. 896, Sec. 46. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 1. General Provisions [51100 - 51102] SECTION 51101.1. Source version: id_d786495f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=1. (a) A parent or guardian’s lack of English fluency does not preclude a parent or guardian from exercising the rights guaranteed under this chapter. A school district shall take all reasonable steps to ensure that all parents and guardians of pupils who speak a language other than English are properly notified in English and in their home language, pursuant to Section 48985, of the rights and opportunities available to them pursuant to this section. (b) Parents and guardians of English learners are entitled to participate in the education of their children pursuant to Section 51101 and as follows: (1) To receive, pursuant to paragraph (5) of subdivision (a) of Section 51101, the results of their child’s performance on standardized tests, including the English language development test. (2) To be given any required written notification, under any applicable law, in English and the pupil’s home language pursuant to Section 48985. (3) To participate in school and district advisory bodies in accordance with federal and state laws and regulations. (4) To support their children’s advancement toward literacy. School personnel shall encourage parents and guardians of English learners to support their child’s progress toward literacy both in English and, to the extent possible, in the child’s home language. School districts are encouraged to make available, to the extent possible, surplus or undistributed instructional materials to parents and guardians, pursuant to subdivision (d) of Section 60510, in order to facilitate parental involvement in their children’s education. (5) To be informed, pursuant to Sections 33126 and 48985, about statewide and local academic standards, testing programs, accountability measures, and school improvement efforts. (c) A school with a substantial number of pupils with a home language other than English is encouraged to establish parent centers with personnel who can communicate with the parents and guardians of these children to encourage understanding of and participation in the educational programs in which their children are enrolled. (Amended by Stats. 2004, Ch. 896, Sec. 47. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 1. General Provisions [51100 - 51102] SECTION 51102. Source version: id_d7864961-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=1. Upon approval of the materials by the State Board of Education, the State Department of Education shall make materials available that describe a comprehensive partnership at a schoolsite that involves parents and guardians of pupils in the public schools of California in the education of their children in a variety of roles at all grade levels on or before December 31, 1999. The materials shall include information about the possible roles of each teacher, principal, parent or guardian, and other school personnel in fostering and participating in parent involvement activities and programs. The materials shall also include a statement that the right of parents and guardians to participate in parent activities and programs shall only apply to the extent that the participation does not conflict with a valid restraining order, protective order, or order for custody or visitation issued by a court of competent jurisdiction. (Added by Stats. 1998, Ch. 864, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 3. Teresa P. Hughes Family-School Partnership Award and Grant Program [51130 - 51133] SECTION 51130. Source version: id_d78956b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=3. This article shall be known, and may be cited, as the Teresa P. Hughes Family-School Partnership Award and Grant Program and shall be administered by the State Department of Education. (Added by Stats. 1999, Ch. 734, Sec. 7. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 3. Teresa P. Hughes Family-School Partnership Award and Grant Program [51130 - 51133] SECTION 51131. Source version: id_d78956b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=3. As used in this article, “parent” means the natural, adoptive, or foster parent of a pupil, a surrogate parent, a family member acting on behalf of the parent, or any person having legal authority to make educational decisions on behalf of a pupil. (Added by Stats. 1999, Ch. 734, Sec. 7. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 3. Teresa P. Hughes Family-School Partnership Award and Grant Program [51130 - 51133] SECTION 51133. Source version: id_d78956b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=3. (a) The Superintendent of Public Instruction shall award nonmonetary Teresa P. Hughes Family-School Partnership Awards pursuant to this article to school districts and county offices of education for schools that operate outstanding family-school partnership programs. (b) Nonmonetary awards made pursuant to this section shall be based upon the degree of parent participation and an assessment of any combination of the following types of parental participation: (1) The membership or other participation in a functioning schoolsite council or other parent organization. (2) The regular volunteer assistance provided in school activities both in the classroom and outside of the classroom. (3) The participation in signed compacts or other educational plans with the teachers. (4) The attendance at school functions that parents or families are invited to attend. (5) The participation in parent training and education programs established or conducted by the school. (6) The progress made over time toward increasing parental participation. (7) The number of home visits by school personnel. (8) The degree to which the outreach program emphasizes the importance of including parents of all pupils within its efforts to enhance parent participation. (c) Nonmonetary awards made pursuant to this section shall be in the form of a plaque or sign. (Added by Stats. 1999, Ch. 734, Sec. 7. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 4. Drowning Prevention [51139 - 51141] SECTION 51139. Source version: id_33f28bca-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=4. For purposes of this article, all of the following definitions apply: (a) “Public school” means a school operated by a school district, county office of education, or a charter school. (b) “Water safety” means age-appropriate education intended (1) to promote safety in, on, and around bodies of water, including residential and public pools and spas, home water sources such as bathtubs, and open bodies of water such as lakes, rivers, canals, and the ocean, and (2) to reduce the risk of injury or drowning. (Added by Stats. 2025, Ch. 387, Sec. 2. (AB 1005) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 4. Drowning Prevention [51139 - 51141] SECTION 51140. Source version: id_c078e6ce-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=4. (a) (1) A drowning or injury prevention organization may provide informational materials, in electronic or hardcopy form, to a public school that serves pupils in kindergarten or any of grades 1 to 12, inclusive, in accordance with the requirements of this article, regarding all of the following topics: (A) The role that water safety education courses and swim lessons play in drowning prevention and saving lives. (B) Local water safety and swimming skills programs in the county and communities served by the public school, including free or reduced-price programs, and how to access information about age-appropriate public or private water safety courses and swimming skills programs that result in a certificate indicating successful completion. (C) Contact information of the organization to receive further water safety education information. (2) The informational materials shall not be used to solicit funding or donations for the organization. (3) It is the intent of the Legislature that public schools that receive information pursuant to paragraph (1) facilitate the sharing of that information with the parents, caregivers, or guardians of pupils. (b) (1) Upon receipt of the informational materials described in subdivision (a), a public school is authorized to provide the informational materials to parents, legal guardians, or caregivers of pupils at the time the pupil enrolls at the public school and at the beginning of each school year, and are encouraged to provide the materials described in subdivision (a) during the first week of May in the year that the informational materials were provided. (2) In recognition of the importance of drowning as a public health issue impacting the lives of many pupils, public schools are authorized to, and are encouraged to, provide to their pupils water safety informational materials through multiple means, including, but not limited to, school assemblies, classroom instruction, or library programs. These informational materials shall meet the following criteria: (A) Be age and grade appropriate. (B) Be aligned with the information from the federal Centers for Disease Control and Prevention, as described in paragraph (1) of subdivision (a) of Section 51141, and identified by the department pursuant to Section 51900.1. (C) Be provided for free by drowning prevention or children safety organizations. (c) Upon request by a public school, a drowning or injury prevention organization that elects to provide informational materials shall provide the informational materials in English and is encouraged to provide informational materials in the other most commonly spoken languages associated with the population attending the school based on available data from the department. (Amended by Stats. 2025, Ch. 387, Sec. 3. (AB 1005) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 1.5. Parental Involvement [51100 - 51141] ARTICLE 4. Drowning Prevention [51139 - 51141] SECTION 51141. Source version: id_3f1112bc-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=1.5.&article=4. (a) A drowning or injury prevention organization that provides informational materials to a public school pursuant to this article shall adhere to both of the following: (1) Provide written evidence, in the form of a letter or document, either of which shall be no longer than one page, to a school administrator that demonstrates that the informational materials provided by the drowning or injury prevention organization align with the drowning, drowning prevention, water safety, rescue, and swim skills lesson information found on the drowning prevention web page of the federal Centers for Disease Control and Prevention, which includes evidence-based water safety and drowning prevention information vetted through such authorities on drowning and drowning prevention as the American Academy of Pediatrics and the American Red Cross, among other sources. (2) Provide informational materials at no cost to the public school and allow the school to offer copies of the materials to pupils and parents and decide how the materials are made available. (b) A school administrator or school entity authorized by the school district or school, which also may include the school’s parent-teacher association or an equivalent association, that engages with a drowning or injury prevention organization pursuant to this article shall not be responsible for confirming the drowning or injury prevention organization’s compliance with paragraph (1) of subdivision (a). (Added by Stats. 2025, Ch. 387, Sec. 4. (AB 1005) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52500. Source version: id_d8825caa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. Adult schools and evening high schools shall consist of classes for adults. Minors may be admitted to those classes pursuant to board policy and Section 52500.1. (Amended by Stats. 1992, Ch. 1193, Sec. 2. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 1193.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52500.1. Source version: id_f4dc106d-5919-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. (a) Adult schools shall consist of programs, courses, and classes for adults. Minors may be admitted to those programs, courses, and classes pursuant to governing board policy and this section. (b) Eligibility of high school pupils for enrollment in adult education programs, courses, and classes shall be limited to pupils who meet both of the following conditions: (1) High school pupils who enroll in adult education programs, courses, and classes pursuant to Section 41976, except that high school pupils shall not be counted for adult education apportionment purposes. (2) High school pupils who have completed a counseling session that involved the pupil, a certificated representative of the high school, and the pupil’s parent or guardian, and who have a school record that contains written documentation of the session and a statement that the pupil is voluntarily enrolling in the adult education program, course, or class, and that enrollment in an adult education program, course, or class will enhance the pupil’s progress toward meeting the educational requirements for graduation from high school. Commencing July 1, 1994, a school district shall not enroll high school pupils pursuant to this subdivision unless the school district complies with the conditions set forth in this subdivision. (c) Money for the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be used to support the costs of adult education programs, courses, and classes described in this section. A school district shall clearly demonstrate that the costs of instruction for persons under 18 years of age enrolled in an adult education program, course, or class described in this section are from another allowable fund source or sources. (Amended by Stats. 2021, Ch. 666, Sec. 50. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52501. Source version: id_fc61e03f-5919-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. The governing board of a school district maintaining secondary schools shall have power with the approval of the department to establish and maintain classes for adults, except programs and classes in outdoor science education and conservation education, as the term is employed in Section 8760, for the purpose of providing instruction in classes and courses defined in Section 41976. (Amended by Stats. 2021, Ch. 666, Sec. 51. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52501.3. Source version: id_d8825cb0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. Each governing board maintaining classes for adults shall meet the requirements set forth in Sections 35145, 41010, 41011, 41015, 41020, 42103, 42600, 51040, 51041, 51050, and 51056. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52501.5. Source version: id_03da69a1-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. Revenue derived from the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be expended for other than adult education purposes. (Amended by Stats. 2021, Ch. 666, Sec. 52. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52502. Source version: id_0b5fc443-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. The governing board of a high school district or unified school district may establish classes for adults. If these classes result in enrollment in any school year of 500 or more students, such districts shall establish an adult school for the administration of the program, if one is not established. This section shall not prohibit the governing board of a high school district or unified school district from establishing an adult school at an enrollment threshold in classes for adults lower than 500 students for any school year. (Amended by Stats. 2021, Ch. 666, Sec. 53. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52503. Source version: id_d883e356-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. The governing board of a high school district or unified school district may establish and maintain one or more adult schools by resolution of the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52504. Source version: id_d883e358-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. Classes for adults shall conform to any course of study and graduation requirements otherwise imposed by law or under the authority of law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52505. Source version: id_12de4115-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. Such classes may be convened at such hours and for such length of time during the day or evening and at such period and for such length of time during the school year as may be determined by the governing authority. The governing board of any high school district or unified school district may provide for the maintenance of these classes. (Amended by Stats. 2021, Ch. 666, Sec. 54. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52506. Source version: id_d883e35c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. The department shall establish standards including standards of attendance, curriculum, administration, and guidance and counseling service for these classes as a basis for the several apportionments of state funds provided herein for the support of these classes. The Superintendent of Public Instruction shall prepare, distribute, and maintain a detailed handbook for use by the local educational agencies. The handbook shall contain course approval criteria, implementation plans for administrative regulations, and procedures for securing course and program approvals. (Amended by Stats. 1994, Ch. 922, Sec. 135. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52507. Source version: id_d883e35e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. Governing boards shall have the authority to provide for granting appropriate credits, certificates, diplomas or other recognition of skill or accomplishment in such classes which such districts are otherwise authorized to grant. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52508. Source version: id_d883e360-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. The governing board of a high school district or a unified school district shall have the authority to award diplomas or certificates to adults and eligible minors enrolled in adult schools upon satisfactory completion of a prescribed course of study in an elementary school program. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52509. Source version: id_d883e362-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. The governing board of any school district maintaining an adult school shall prescribe the requirements for the granting of diplomas. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52511. Source version: id_9b3df0cd-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. Whenever the governing board of a school district maintaining an adult school or classes for adults is unable to maintain the school or classes in the school district because of its inability to secure a teacher or teachers, or because of lack of facilities, the governing board of the school district may, with the approval of the county superintendent of schools and the Superintendent, maintain the school or classes of the school district elsewhere than within the school district or contract for instruction of the students in an adult school or classes with the governing board of another school district. (Amended by Stats. 2023, Ch. 131, Sec. 40. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52514. Source version: id_d8856a0c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. High schools maintained in any state institution for adults or in any city, county, or city and county jail, road camp or farm shall consist only of classes for adults. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52515. Source version: id_21e15539-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. State funds shall not be apportioned to a school district unless the courses have been approved by the department pursuant to Section 41976. (Amended by Stats. 2021, Ch. 666, Sec. 59. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52517. Source version: id_29704ccb-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. (a) A high school or unified school district shall report for attendance in a class if either of the following occurs: (1) The school district receives full compensation for the class from any public or private agency, individual, or group of individuals, except fees authorized by Section 52612. (2) The class is not located in a facility clearly identified in a manner, and established by appropriate procedures, to ensure that attendance in the class is open to the general public, unless the class is authorized pursuant to Section 52570 or located in a state hospital. (b) The state board may adopt regulations as may be necessary to enforce this section. (Amended by Stats. 2021, Ch. 666, Sec. 61. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52523. Source version: id_30ec318d-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. Adult education programs, courses, and classes shall not be used to supplant the regular high school curriculum for high school pupils enrolled in adult education. Adult education shall supplement and enrich the high school pupil’s educational experiences. Therefore, adult education, at a minimum, shall meet the following criteria: (a) All programs, courses, and classes conducted as adult education shall be open to adults and listed in the school district’s catalog of adult education classes provided to the public and shall be under the supervision and jurisdiction of the adult education administrator as determined by the governing board of the school district. Adults shall have priority over other students for admission to any adult education class if those adults enroll not later than the regular enrollment period for those classes. The enrollment period shall be published in the course catalog. A course required by the school district for high school graduation or necessary for pupils to maintain satisfactory academic progress shall not be offered exclusively through the adult education program. An adult for purposes of this section is a person 18 years of age or older or other person who is not concurrently enrolled in a regular high school program. (b) Each adult education teacher, whether part time or full time, under contract status or in an hourly position, shall be part of the adult school faculty and shall be under the direct supervision of the authorized adult education administrator. (c) Enrollment of high school pupils shall be voluntary on the part of the pupil taking the class. Before enrollment by a high school pupil in an adult education program, class, or course, the pupil shall have documentation of the counseling session held pursuant to subdivision (b) of Section 52500.1. (d) Enrollment of a high school pupil in an adult education program, course, or class shall be for sound educational purposes, including, but not limited to, the following: (1) The adult education program, course, or class is not offered in the regular high school curriculum. (2) The adult education program, course, or class is needed by the pupil to make up deficient credits for graduation from high school. (3) The adult education program, course, or class allows the pupil to gain vocational and technical skills beyond that provided by the regular high school’s vocational and technical education program. (4) The adult education program, course, or class supplements and enriches the high school pupil’s educational experience. (e) A high school pupil shall not be enrolled for apportionment purposes in an adult education program, course, or class that would be considered any of the following: (1) Physical education. (2) Driver’s training and education. (3) Visual and performing arts. (4) Band. (5) Preparation of a school yearbook or school newspaper. (6) Training for, or participation in, athletic camps, cheerleading or spirit organizations, student government, or extracurricular student clubs. (f) The Superintendent shall issue a program advisory that further defines the purposes set forth in subdivision (d) and the courses set forth in subdivision (e). The Superintendent is authorized to issue, at any time, rules and regulations instead of the program advisory. (g) Money under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be used to support the costs of an adult education program, course, and class described in subdivision (e). A school district shall clearly demonstrate that the costs of instruction for pupils under 18 years of age enrolled in an adult education program, course, or class described in subdivision (e) are from another allowable fund source or sources. (h) Students enrolled in adult education programs, courses, and classes shall be assigned a statewide student identifier consistent with the identifiers assigned to pupils in K–12 education programs, if the student is not already identified by a social security number in the data system of the adult school or other local educational agency providing the adult education programs, courses, or classes. Adult schools shall share the assigned identifiers with the California Community Colleges for inclusion in the student data system. (Amended by Stats. 2021, Ch. 666, Sec. 67. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 1. General Provisions [52500 - 52524] SECTION 52524. Source version: id_c81cb6f2-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=1. (a) The department, in conjunction with the chancellor’s office, as part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall jointly develop and issue assessment policy recommendations regarding assessments to be used by school districts and community college districts for purposes of placement in adult education courses offered pursuant to Section 84830. (b) The department and the chancellor’s office, as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall jointly develop and issue policy recommendations to the Legislature regarding a comprehensive accountability system for adult education courses offered pursuant to Sections 41976 and 84757. The department and the chancellor’s office shall develop recommendations for all adult education-funded providers for assessment, evaluation, and data collection to document participant outcomes and placement, and other measures they deem appropriate. Accountability measures may include receipt of a secondary school diploma or its recognized equivalent, placement in a postsecondary educational institution, training, and employment. All funded programs shall be required to annually submit demographic and other student-level outcome information to the department or the chancellor’s office, as appropriate. (c) The department, in conjunction with the chancellor’s office, and as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall coordinate and issue both of the following: (1) Recommendations, including recommendations as to whether or not fees should be assessed, and fee policy guidelines to be used by school districts and community college districts regarding the authority to charge fees for courses offered pursuant to Section 84830. With respect to these recommendations and guidelines, it is the intent of the Legislature that: (A) Registration and course fees should be equivalent across all programs. (B) Fees should not generate income beyond the cost of providing the courses. (C) Fees should not create a barrier to student access to adult education programs. (2) Recommendations and policy guidelines regarding the use of a single student identifier to be used by school districts and community college districts for purposes of developing a comprehensive accountability system pursuant to the requirements of Section 84830. (d) As used in this section, “chancellor’s office” means the Office of the Chancellor of the California Community Colleges. (Added by Stats. 2014, Ch. 545, Sec. 1. (SB 173) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 3. Adult English Classes [52540- 52540.] SECTION 52540. Source version: id_38702c9f-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=3. Upon application of 20 or more persons above 18 years of age residing in a high school district who cannot speak, read, or write the English language to a degree of proficiency equal to that required for the completion of grade 8 of the elementary schools, the governing board of the high school district shall establish classes in English. These classes may be offered directly by the high school district or in partnership with another public adult education provider. (Amended by Stats. 2021, Ch. 666, Sec. 70. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 4. Classes in Citizenship [52550 - 52555] SECTION 52550. Source version: id_d88d0b56-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=4. In counties in which the U.S. district courts are located, the superintendent of schools of the county or city and county shall obtain monthly from the clerk of the U.S. district court the names and addresses of all persons filing their declarations of intention to become citizens of the United States or their petitions for naturalization. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 4. Classes in Citizenship [52550 - 52555] SECTION 52551. Source version: id_d88d0b58-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=4. The superintendent of schools of the county or city and county, after obtaining the names and addresses of the applicants, shall send a written or printed notice to the applicants, stating that this article authorizes the governing board of any school district to establish upon application classes in training for citizenship. The form of this notice shall be furnished by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 4. Classes in Citizenship [52550 - 52555] SECTION 52552. Source version: id_3fe44931-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=4. Upon application of 25 or more persons desiring training for citizenship and residing in a high school district, the governing board of the high school district shall establish special classes in training for citizenship. Upon demand, the governing board of the high school district may establish the classes with a lesser number of applicants. These classes may be offered directly by the high school district or in partnership with another public adult education provider. (Amended by Stats. 2021, Ch. 666, Sec. 75. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 4. Classes in Citizenship [52550 - 52555] SECTION 52555. Source version: id_d88e9200-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=4. The course of study in training for citizenship shall consist of the teaching of U.S. history, state and community civics, and the Constitution of the United States, with special reference to those sections in the Constitution which relate directly to the duties, privileges, and rights of the individual, and such allied subjects, including English for foreigners, or activities as will properly prepare the applicants to understand and assume the responsibilities of citizenship. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 5. Handicapped Adults [52570 - 52572] SECTION 52570. Source version: id_476955b3-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=5. The governing board of a school district maintaining secondary schools or a county superintendent of schools, shall have the power, with the approval of the department, to establish special classes for adults designed to serve the educational needs of adults with disabilities. These classes shall be directed to providing instruction in civic education, career technical education, work readiness, independent living skills, community access and integration, communication and social skills, literacy, and academics. These classes shall conform to standards of attendance, curriculum, and administration established by the department. (Amended by Stats. 2021, Ch. 666, Sec. 79. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 5. Handicapped Adults [52570 - 52572] SECTION 52572. Source version: id_4edf6e15-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=5. The governing board of a school district or the county superintendent of schools authorized by this article to establish special classes for adults designed to serve the educational needs of adults with disabilities may contract to provide those classes by any adjacent high school district or unified school district, subject to the approval of the Superintendent. Any contract entered into pursuant to this section shall be for a term of not to exceed one year but may be renewed or revised and renewed annually. (Amended by Stats. 2021, Ch. 666, Sec. 81. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52610. Source version: id_d89018ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. “Adult,” for purposes of this section, means a person 18 years of age or older or a person who is not concurrently enrolled in a regular high school program. However, persons 18 years of age or older who are concurrently enrolled in a regular high school program are not adults for purposes of this section. Adults enrolled in any classes maintained by high school or unified school districts or county superintendents of schools pursuant to Sections 52300 through 52330, 8530, 8531, 8532, and 8533 shall be reported separately, and the adult foundation program shall be used in computing district apportionments. (Repealed and added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52610.5. Source version: id_56645387-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. Notwithstanding Section 52610, any minor, regardless of age, who is pregnant or is a parent actively engaged in raising one or more of the minor’s children, is eligible to enroll in any adult education course or class described in Section 41976. Money under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall not be used to support the costs of adult education courses or classes described in Section 41976. A school district shall clearly demonstrate that the costs of instruction for persons under 18 years of age enrolled in an adult education course or class described in Section 41976 are from another allowable fund source or sources. (Amended by Stats. 2021, Ch. 666, Sec. 82. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52612. Source version: id_3c79ec33-3185-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. (a) Except as specified in this section, the governing board of the school district maintaining the class may require an adult enrolled in a class for adults to pay a fee for the class. Except as specified in Section 52613, the governing board of a school district shall not impose a charge of any kind for a class in English and citizenship or a class in an elementary subject. A fee charge shall not be made for a class designated by the governing board as a class for which high school credit is granted when the class is taken by a person who does not hold a high school diploma. The total of the fees required and revenues derived from average daily attendance shall not exceed the estimated cost of all such classes maintained, including the reserves authorized by Section 52501.5. (b) All textbooks and classroom materials furnished without charge under this section may also be offered for sale at the school bookstore. (c) Notwithstanding subdivision (a), the governing board of a school district may charge a fee for a class in English and citizenship until July 1, 2015. (Amended by Stats. 2011, Ch. 606, Sec. 2. (AB 189) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52613. Source version: id_5ded7eb9-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. (a) Notwithstanding any section to the contrary, each governing board of a school district maintaining classes for adults that issues a Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, Form I-20AB, or completes Form I-20AB for a person described in subparagraph (F)(i) of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, for the purposes of enrolling that person in a class in English and citizenship for foreigners or a class in an elementary subject, shall charge that person a fee to cover the full costs of instruction, but in no case shall the fee exceed the actual cost of the instruction. The fee shall be adopted at a regular meeting of the governing board of each of these school districts maintaining classes for adults at least 90 days prior to the commencement of the classes for which the fee is charged. (b) No district maintaining classes for adults shall include the attendance of F-1 visa students enrolled in a class in English and citizenship for foreigners or in a class in elementary subjects for apportionment purposes. (Amended (as added by Stats. 1987, Ch. 318, Sec. 3) by Stats. 2021, Ch. 296, Sec. 18. (AB 1096) Effective January 1, 2022. Superseded by amendment by Stats. 2017, Ch. 69, only if it becomes operative on or before January 20, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52613. Source version: id_96a2aea4-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. (a) Notwithstanding any section to the contrary, each governing board of a school district maintaining classes for adults that issues a Certificate of Eligibility for Nonimmigrant (F-1) Student Status - For Academic and Language Students, Form I-20AB, or completes Form I-20AB for a nonimmigrant foreign national, as defined in subparagraph (F)(i) of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, for the purposes of enrolling the nonimmigrant foreign national in a class in English and citizenship for foreigners or a class in an elementary subject, shall charge the nonimmigrant foreign national a fee to cover the full costs of instruction, but in no case shall the fee exceed the actual cost of the instruction. The fee shall be adopted at a regular meeting of the governing board of each of these school districts maintaining classes for adults at least 90 days before the commencement of the classes for which the fee is charged. (b) No school district maintaining classes for adults shall include the attendance of F-1 visa students enrolled in a class in English and citizenship for foreigners or in a class in elementary subjects for apportionment purposes. (Amended by Stats. 2016, Ch. 69, Sec. 5. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52616. Source version: id_65a952ab-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. Money derived under the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, shall be deposited in a separate fund of the school district to be known as the “adult education fund.” Money in the school district’s adult education fund shall be expended only for adult education purposes. Except for moneys received pursuant to the local control funding formula, moneys received for programs for specifically designated pupils shall not be expended for adult education. (Amended by Stats. 2021, Ch. 666, Sec. 85. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52616.4. Source version: id_74bdcbef-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. (a) Money in the Adult Education Fund of a school district may be expended only for the following charges: (1) Direct instructional costs relating directly to the adult education program, including, but not limited to, the salaries and benefits of adult education teachers and aides, textbooks, instructional supplies, travel and conference expenses for employees who work in the adult education program, and repair, maintenance, acquisition, and replacement of instructional equipment used in the adult education program. (2) (A) Direct support costs for the adult education program. For purposes of this section, “direct support costs” means: (i) Instructional administration and instructional media costs that are supported by auditable documentation. For purposes of this subparagraph, instructional administration costs include the documented costs of individuals who, regardless of specific job title, administer the district’s adult education program. (ii) School administration and pupil services costs that are supported by auditable documentation and that represent the activities of individuals whose employment by the school district is exclusively in support of the adult education program, or school administration and pupil services costs that are supported by auditable documentation and that meet all of the following conditions: (I) Those costs are able to be identified in a separate contract with the adult education program. (II) The administration and services are provided exclusively to adult students and only for the period identified in the contract made pursuant to subclause (I). (III) The services are provided during a time that is different than when services to pupils in kindergarten and grades 1 to 12, inclusive, are provided, and the administration is provided after 4:00 p.m. (IV) The persons who provide the services and administration to adult students report to the adult education director during the period of the contract made pursuant to subclause (I). (V) The person providing the administration immediately supervises the adult school personnel. (iii) Plant maintenance and operations costs, including costs for facilities that are used to provide childcare services to the children of the students attending the adult education program at a particular site as follows: (I) For facilities that exclusively house adult education programs, the costs that are supported by auditable documentation. For purposes of this clause, a facility that houses an adult education program and a regional occupational center or program or a childcare program, or both, is a facility that exclusively houses an adult education program. (II) For facilities that are used by more than one program, including the adult education program, a district may charge the Adult Education Fund for an amount attributable to the adult education program, but this charge shall not exceed the amount derived from the following calculation: (ia) Calculate, according to the general description in the California School Accounting Manual, the prorated number of classroom units that the adult education program uses for instructional and childcare purposes. (ib) Calculate the total number of classroom units in the district. (ic) Divide the amount calculated in sub-subclause (ia) by the amount calculated in sub-subclause (ib). (id) Multiply the quotient calculated in sub-subclause (ic) by the district’s total plant maintenance and operations costs. (iv) Facilities costs for nondistrict-owned facilities that exclusively house adult education programs, including, but not limited to, costs of facilities that are used to provide childcare services to the children of the students attending the adult education program at the same site. For purposes of this subparagraph, a facility that houses an adult education program and a regional occupational center or program or a child care program, or both, is a facility that exclusively houses an adult education program. (v) Facilities costs for the acquisition of facilities originally acquired by adult education programs, or for the restoration of those facilities, including costs for debt service for the acquisition or restoration of a facility, including the costs of facilities that are used to provide childcare services to the children of the students attending the adult education program at the same site. (B) For purposes of subparagraph (A), “auditable documentation” means time reports and other contemporaneous records that establish the time that individual employees spend working for the adult education program, and the documentation that supports nonpersonnel costs substantiating that the adult education program received the service, supply, or equipment. That documentation shall comply with the documentation requirements set forth in the California School Accounting Manual published pursuant to Section 41010. (b) If the department and the Department of Finance concur that a school district has violated this section, the Superintendent shall direct that school district to transfer double the amount improperly transferred to the school district’s general fund from that fund to the school district’s Adult Education Fund for the subsequent fiscal year, which amount shall be used for the improvement of the school district’s adult education program. If the school district fails to make that transfer as directed, the Superintendent shall reduce the school district’s regular apportionment determined pursuant to Section 42238.02, as implemented by Section 42238.03, by that amount, and that shall be used for improvement of the school district’s adult education program. (c) It is the intent of the Legislature in enacting this section that responsible school district officials be held fully accountable for the accounting and reporting of adult education programs and that minor and inadvertent instances of noncompliance be resolved in a fair and equitable manner to the satisfaction of the Superintendent and the Department of Finance. (d) The Superintendent, with the approval of the Department of Finance, may waive up to the full transfer amount in subdivision (b) if the Superintendent determines that the noncompliance involved is minor or inadvertent, or both. (Amended by Stats. 2021, Ch. 666, Sec. 87. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52616.6. Source version: id_d894aca2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. A school district or county superintendent of schools may expend funds allocated to it for the purposes of classes for adults in correctional facilities only for the direct instructional charges of those classes and for related direct and indirect support costs. (Added by Stats. 1993, Ch. 670, Sec. 9. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 6. Finances [52610 - 52616.18] SECTION 52616.18. Source version: id_6d32f30d-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=6. (a) Commencing July 1, of each fiscal year, notwithstanding that a school district was not authorized to operate an adult education program pursuant to Section 41976, a school district may apply to the department for initial program approval and funding to begin any adult education programs specified in Section 41976 provided the school district meets both of the following criteria: (1) The school district did not operate nor claim state apportionment for an adult education program in the prior fiscal year. (2) The school district has participated in the appropriate local adult education consortium, approved pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, and the applicable adult education plan approved pursuant to that article for adult education activities and services. (b) The Superintendent may approve the program funding on the basis of the school district’s documented need for adult education programs. The Superintendent shall issue a program advisory that sets forth the criteria of need that a school district is required to document. (Amended by Stats. 2021, Ch. 666, Sec. 91. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 7. Advanced Scholastic and Vocational Training Program [52620 - 52621] SECTION 52620. Source version: id_80793377-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=7. The governing board of a school district overseeing an adult education program or the governing board of a community college district overseeing a noncredit program may authorize a student pursuing a high school diploma or a high school equivalency certificate, upon recommendation of the administrator of the student’s adult school or noncredit program of attendance, to attend a community college during any session or term as a special part-time student, and the community college district shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity. The intent of this section is to better facilitate streamlined enrollment in colocated credit college courses on adult education and noncredit program sites and to help ensure a smoother transition from secondary education to college for adult high school equivalency students by providing them with greater exposure to the collegiate atmosphere. (Added by Stats. 2019, Ch. 528, Sec. 1. (SB 554) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10. Adult Schools [52500 - 52621] ARTICLE 7. Advanced Scholastic and Vocational Training Program [52620 - 52621] SECTION 52621. Source version: id_80793379-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.&article=7. (a) For purposes of allowances and apportionments from Section B of the State School Fund, a community college shall be credited with additional units of average daily attendance attributable to the attendance of students at the community college as special part-time students. (b) The attendance of a high school student at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district has received reimbursement for the same instructional activity. (Added by Stats. 2019, Ch. 528, Sec. 1. (SB 554) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10.5. Immigrant Workforce Preparation Act [52651 - 52656] SECTION 52651. Source version: id_7c482fa1-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.5.&article= For the purposes of this chapter, unless the context otherwise requires, the following terms shall have the following meanings: (a) “Board of Governors” means the Board of Governors of the California Community Colleges. (b) “Chancellor” means the Chancellor of the California Community Colleges. (c) “Community-based organizations” means public nonprofit benefit corporations of demonstrated effectiveness approved by the superintendent to provide educational services to eligible legalized persons. (d) “Department” means the State Department of Education. (e) “Educational outreach activities” means: (1) Information transmitted to temporary resident persons who are not citizens or nationals of the United States regarding the requirements of the Immigration and Nationality Act of 1986 (8 U.S.C. Secs. 1160, 1161, and 1255a), as those requirements existed on the effective date of this chapter, relating to adjustment of resident status, sources of assistance to those persons who are not citizens or nationals of the United States obtaining adjustment of resident status, including educational, informational, and referral services, and the rights and responsibilities of those persons and persons lawfully admitted for permanent residence, the identification of health, employment, and social services, and the importance of identifying oneself as a temporary resident who is not a citizen or national of the United States to service providers. It does not include client counseling or any other service that would assume responsibility of the person’s application for the adjustment of resident status. (2) Information provided to newly legalized persons and other immigrants regarding educational opportunities available to them. (f) “Immigrant” means a person who is a citizen of a country other than the United States and is eligible for education services in California or a naturalized United States citizen who is now residing in California. (g) “Newly legalized person” means a person who is not a citizen or national of the United States who has been granted lawful temporary resident status under Sections 1160, 1161, and 1255a of Title 8 of the United States Code, as those sections exist on the effective date of this chapter. In addition, it means a person who has, after being granted lawful temporary resident status, obtained permanent resident or citizenship status. (h) “Services provider” means any community-based organization, school district maintaining adult education programs, or community college that has been approved by the superintendent in the 1991–92 fiscal year as eligible to provide educational services to newly legalized persons pursuant to subdivision (k) of Section 23.50 of the Budget Act of 1991. (i) “SLIAG” means the State Legalization Impact-Assistance Grants as set forth in Section 204 of the Immigration Reform and Control Act of 1986, (Sec. 204, P.L. 99-603), as it exists on the effective date of this chapter. (j) “Superintendent” means the Superintendent of Public Instruction. (Amended (as added by Stats. 1992, Ch. 1068, Sec. 3) by Stats. 2021, Ch. 296, Sec. 19. (AB 1096) Effective January 1, 2022. Superseded by amendment by Stats. 2017, Ch. 69, only if it becomes operative on or before January 20, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10.5. Immigrant Workforce Preparation Act [52651 - 52656] SECTION 52651. Source version: id_c3625ee6-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.5.&article= For purposes of this chapter, unless the context otherwise requires, the following terms shall have the following meanings: (a) “Board of Governors” means the Board of Governors of the California Community Colleges. (b) “Chancellor” means the Chancellor of the California Community Colleges. (c) “Community-based organizations” means public nonprofit benefit corporations of demonstrated effectiveness approved by the Superintendent to provide educational services to eligible legalized persons. (d) “Department” means the State Department of Education. (e) “Educational outreach activities” means: (1) Information transmitted to temporary resident foreign nationals regarding the requirements of the federal Immigration and Nationality Act of 1986 (8 U.S.C. Secs. 1160, 1161, and 1255a), as those requirements existed on the effective date of this chapter, relating to adjustment of resident status, sources of assistance to those foreign nationals obtaining adjustment of resident status, including educational, informational, and referral services, and the rights and responsibilities of those foreign nationals and foreign nationals lawfully admitted for permanent residence, the identification of health, employment, and social services, and the importance of identifying oneself as a temporary resident foreign national to service providers. It does not include client counseling or any other service that would assume responsibility of the foreign national’s application for the adjustment of resident status. (2) Information provided to newly legalized persons and other immigrants regarding educational opportunities available to them. (f) “Immigrant” means a person who is a citizen of a country other than the United States and is eligible for education services in California or a naturalized United States citizen who is now residing in California. (g) “Newly legalized person” means a foreign national who has been granted lawful temporary resident status under Sections 1160, 1161, and 1255a of Title 8 of the United States Code, as those sections existed on the effective date of this chapter. In addition, it means a person who has, after being granted lawful temporary resident status, obtained permanent resident or citizenship status. (h) “Services provider” means any community-based organization, school district maintaining adult education programs, or community college that has been approved by the Superintendent in the 1991–92 fiscal year as eligible to provide educational services to newly legalized persons pursuant to subdivision (k) of Section 23.50 of the Budget Act of 1991. (i) “SLIAG” means the State Legalization Impact-Assistance Grants as set forth in Section 204 of the federal Immigration Reform and Control Act of 1986, (Sec. 204, P.L. 99-603), as it exists on the effective date of this chapter. (j) “Superintendent” means the Superintendent of Public Instruction. (Amended by Stats. 2016, Ch. 69, Sec. 6. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10.5. Immigrant Workforce Preparation Act [52651 - 52656] SECTION 52652. Source version: id_d89ac738-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.5.&article= It is the intent of the Legislature that the students enrolled in classes and courses for immigrants pursuant to this chapter be provided with information written in a language understood by the student on available programs to enable that student to continue education and training through existing courses. (Added by Stats. 1992, Ch. 1068, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10.5. Immigrant Workforce Preparation Act [52651 - 52656] SECTION 52653. Source version: id_811b1473-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.5.&article= School districts that receive funding pursuant to Section 52656 shall provide the following: (a) Classes and courses offered pursuant to subdivision (b) of Section 41976. (b) Services that were reimbursable under the provisions of SLIAG in the 1991–92 fiscal year, including, but not limited to, instruction in English as a second language, citizenship, basic skills, and ancillary services such as outreach and counseling. (c) Services to develop the work and educational skills needed by the immigrant in the workplace, including, but not limited to, the communication, computational, problem solving, and interpersonal skills needed to succeed in the workplace. (d) Services that enable immigrants to access educational services and economic development services available to all Californians. (Amended by Stats. 2021, Ch. 666, Sec. 97. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10.5. Immigrant Workforce Preparation Act [52651 - 52656] SECTION 52654. Source version: id_d89c4ddc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.5.&article= Community college districts that receive funding for the purposes of this chapter shall provide the following: (a) Services that were reimbursable under the provision of SLIAG in the 1991–92 fiscal year, including, but not limited to, instruction in English as a second language, citizenship, basic skills, and ancillary services such as outreach counseling, whether provided for credit or noncredit. (b) Services to develop the work and education skills needed by the immigrant in the workplace, including, but not limited to, the communication, computational, problem solving, and interpersonal skills needed to succeed in the workplace, whether provided for credit or noncredit. (c) Services that enable immigrants to access educational services and economic development services available to all Californians, whether provided for credit or noncredit. (Added by Stats. 1992, Ch. 1068, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10.5. Immigrant Workforce Preparation Act [52651 - 52656] SECTION 52655. Source version: id_d89c4dde-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.5.&article= It is the intent of the Legislature that the superintendent develop a course of instruction for each level of English as a second language and basic skills instruction leading, respectively, to a Certificate of Proficiency in English as a Second Language, and a Certificate of Proficiency in Basic Skills. It is further the intent of the Legislature that the superintendent establish the level of performance and the measures for granting the certificates for adult schools and community-based organizations and that the Board of Governors establish the level of performance and the measures for granting the certificates for community colleges. (Added by Stats. 1992, Ch. 1068, Sec. 3. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 10.5. Immigrant Workforce Preparation Act [52651 - 52656] SECTION 52656. Source version: id_857e4785-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=10.5.&article= (a) Notwithstanding any other law, school districts that received apportionment for extraordinary needs in English as a second language and basic skills from Provision (4) of Schedule (a) of Item 6110-156-001 of the Budget Act of 1991 for the 1991–92 fiscal year shall continue to receive those funds in the school district’s adult block entitlement in the 1992–93 fiscal year, and each fiscal year thereafter. (b) Commencing in the 1993–94 fiscal year, school districts that receive an apportionment from subdivision (a) shall give priority to eligible immigrants in need of courses pursuant to subdivisions (a) and (b) of Section 41976 and Section 52653. (c) School districts are not restricted by this chapter from providing classes for immigrants pursuant to subdivision (b) of Section 41976 with other funds for adult education that are available to the district. (Amended by Stats. 2021, Ch. 666, Sec. 98. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 1. School Farms [52700 - 52706] SECTION 52700. Source version: id_d89dfb96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=1. The governing board of any school district may, for the purpose of providing practical instruction in agriculture, establish one or more school farms for any one or more of the schools of the district whenever in its judgment it is advisable to do so. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 1. School Farms [52700 - 52706] SECTION 52701. Source version: id_d89dfb98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=1. The cost of purchasing and equipping a school farm and all other costs not met from the receipts of the operation of the farm shall be a charge against the funds of the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 1. School Farms [52700 - 52706] SECTION 52702. Source version: id_d89dfb9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=1. The governing board of the district may provide for the general supervision of the farm and the cost of the supervision may be a charge against the funds of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 1. School Farms [52700 - 52706] SECTION 52703. Source version: id_d89dfb9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=1. All moneys received from the sale of produce, livestock and other products of a farm shall be paid into the county treasury to the credit of the general fund of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 1. School Farms [52700 - 52706] SECTION 52704. Source version: id_d89dfb9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=1. The governing board of the school district may, as an alternative to the procedure provided for in Section 52703, establish an account for each such farm established in the district, or for all such farms established by the district, in one or more banks to be known as “The School Farm Account” of (insert name of district) District. If the account is established for one of several farms, it shall be known as “The School Farm Account of (insert name of school) School of (insert name of district) District.” All receipts of the school farm, or farms, derived from the sale of produce, livestock, and other products, may be withdrawn from the general fund in the same manner as other moneys may be withdrawn from funds of the district and deposited in the account for expenditure for the operation and maintenance of the farm, or farms, in accordance with the direction of the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 1. School Farms [52700 - 52706] SECTION 52705. Source version: id_d89f8240-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=1. The governing board may designate an employee or employees of the district to have custody of the account or accounts established under Section 52704, who shall be responsible for the payment into the account or accounts of all moneys received for or to be paid into the account or accounts, and for all expenditures therefrom, subject to such regulations as the governing board may prescribe. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 1. School Farms [52700 - 52706] SECTION 52706. Source version: id_d89f8242-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=1. The governing board may buy feed, livestock, and materials and supplies for a farm and may sell produce, livestock and other products of a farm in accordance with rules and regulations adopted by the board notwithstanding any provision of this code in conflict with such rules and regulations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 2. Patriotic Exercises and Instruction [52720 - 52730] SECTION 52720. Source version: id_d89f8246-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=2. In every public elementary school each day during the school year at the beginning of the first regularly scheduled class or activity period at which the majority of the pupils of the school normally begin the schoolday, there shall be conducted appropriate patriotic exercises. The giving of the Pledge of Allegiance to the Flag of the United States of America shall satisfy the requirements of this section. In every public secondary school there shall be conducted daily appropriate patriotic exercises. The giving of the Pledge of Allegiance to the Flag of the United States of America shall satisfy such requirement. Such patriotic exercises for secondary schools shall be conducted in accordance with the regulations which shall be adopted by the governing board of the district maintaining the secondary school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 2. Patriotic Exercises and Instruction [52720 - 52730] SECTION 52730. Source version: id_b7477024-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=2. (a) Providing instruction that promotes understanding the concepts of “pledge,” “allegiance,” “republic,” and “indivisible,” and understanding the importance of the pledge as an expression of patriotism, love of country, and pride in the United States of America shall satisfy the requirement of Section 52720. (b) When pupils in a public school are instructed with regard to the words of the Pledge of Allegiance to the Flag of the United States of America as part of the patriotic exercises conducted pursuant to this article, that public school shall provide a combination of the giving of the Pledge of Allegiance to the Flag of the United States of America and the instruction specified in subdivision (a). School districts shall provide this instruction during the time allotted for the patriotic exercise. (Added by Stats. 2008, Ch. 523, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 3. Educational Films or Video Tapes [52740 - 52743] SECTION 52740. Source version: id_7efa8b77-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=3. (a) It is the intent of the Legislature to provide accurate instructional materials to schools on all of the following topics: (1) The internment in the United States of persons of Japanese origin and its impact on Japanese American citizens. (2) The Armenian genocide. (3) The World War II internment, relocation, and restriction in the United States of persons of Italian origin and its impact on the Italian American community. (b) The Legislature finds and declares that there are few films or video recordings available on the subjects of the internment of persons of Japanese origin, the Armenian genocide, and the World War II internment, relocation, and restriction of persons of Italian origin for teachers to use when teaching pupils about these three devastating events. The shortage of available films or video recordings on these subjects is especially true for the Armenian genocide. (c) The Legislature hereby finds and declares that films and video recordings giving a historically accurate depiction of the internment in the United States of persons of Japanese origin during World War II, the Armenian genocide, and the World War II internment, relocation, and restriction of persons of Italian origin should be made in order that pupils will recognize these events for the horror they represented. The Legislature hereby encourages teachers to use these films and video recordings as a resource in teaching pupils about these three important historical events that are commonly overlooked in today’s school curriculum. (Amended by Stats. 2009, Ch. 88, Sec. 25. (AB 176) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 3. Educational Films or Video Tapes [52740 - 52743] SECTION 52742. Source version: id_8307fd69-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=3. The films or video recordings produced pursuant to this article shall be submitted to the Curriculum Development and Supplemental Materials Commission for its review, and may be made available to schools, as provided by this article, only upon adoption by the Curriculum Development and Supplemental Materials Commission. (Amended by Stats. 2009, Ch. 88, Sec. 26. (AB 176) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 3. Educational Films or Video Tapes [52740 - 52743] SECTION 52743. Source version: id_870a24bb-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=3. The State Department of Education shall make available the films or video recordings produced pursuant to this article to schools. (Amended by Stats. 2009, Ch. 88, Sec. 27. (AB 176) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 5. Pupil Survey of Instruction [52760- 52760.] SECTION 52760. Source version: id_03b12f72-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=5. (a) The student government of a school maintaining any of grades 9 to 12, inclusive, may establish a committee of pupils and teachers to develop a survey by which pupils may provide feedback to teachers for the purpose of fostering improved communication between pupils and teachers and improving individual classes and teaching methods for future generations of pupils. The survey developed by the committee shall solicit pupil opinion on different aspects of a class and the effectiveness of the teacher of the class. The committee annually may revise the survey. (b) The administration of the survey and the survey results shall conform to all of the following requirements: (1) Teachers annually shall be provided the survey and may survey the pupils in the classes they teach. (2) Survey responses shall be confidential and shall be made known only to the teacher whose class is surveyed. (3) No administrator or any other school or district official shall view or have access to any survey responses without the express written consent of the teacher to whom the survey relates. (4) Survey responses shall not become part of a teacher’s personnel record. (5) The survey and any responses shall not be used for collective bargaining purposes. (6) The survey responses shall not be included in, nor shall they be used to influence the existing teacher evaluation process, if any, in a school or district in which the survey is conducted. (Added by Stats. 2010, Ch. 186, Sec. 1. (SB 1422) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 11. Miscellaneous [52700 - 52770] ARTICLE 6. College and Career Fairs [52770- 52770.] SECTION 52770. Source version: id_1019f9a3-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=11.&article=6. (a) For purposes of this section, the following definitions apply: (1) “Career fair” means an event where multiple private businesses, governmental agencies, university representatives, or career technical school representatives are invited by a local educational agency to present career options or career technical education options to pupils. (2) “College fair” means an event where multiple college or university representatives are invited by a local educational agency to present college options to pupils. (3) “Local educational agency” means a school district, county office of education, or charter school. (b) (1) A local educational agency serving pupils in any of grades 9 to 12, inclusive, that is planning to hold a college or career fair shall notify each community college district that has overlapping jurisdiction with the local educational agency of the college or career fair and provide an opportunity for the community college district to participate in the college or career fair. (2) A notice provided pursuant to paragraph (1) shall include both of the following: (A) The planned date and time of the college or career fair. (B) The planned location of the college or career fair. (3) A notice provided pursuant to paragraph (1) shall be delivered to the community college district before the planned date of the college or career fair either by first-class mail or by email. (Added by Stats. 2023, Ch. 23, Sec. 1. (AB 1173) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 12.5. International Baccalaureate Diploma Program [52920 - 52922] SECTION 52920. Source version: id_b19dbf73-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=12.5.&article= (a) The Legislature hereby finds and declares that the International Baccalaureate Diploma Program is a comprehensive and rigorous two-year curriculum, leading to examinations for high school pupils. Its objectives are to provide pupils with a balanced education, to facilitate geographic and cultural mobility, and to promote international understanding through a shared academic experience. Successful International Baccalaureate Diploma candidates pursue a specific, intensive, balanced liberal arts course of study and must pass rigorous examinations in seven curricula areas. Successful International Baccalaureate Diploma candidates are typically granted substantial advanced placement credit at the finest colleges and universities in the nation. The academic content and rigor of the instruction and examinations in International Baccalaureate Diploma Programs is governed and continuously monitored by the International Baccalaureate Organization in Geneva, Switzerland. (b) It is the intent of the Legislature to encourage high schools to offer the intensive, rigorous course of instruction leading to International Baccalaureate Diplomas and to encourage pupils in these schools to enroll in, attempt, and pass the rigorous International Baccalaureate Diploma course of study and the rigorous examinations leading to the International Baccalaureate Diploma. (c) The Superintendent shall annually update information on the International Baccalaureate Diploma Program available on the department’s Internet Web site. The Superintendent also shall provide support to high schools that offer International Baccalaureate (IB) courses to facilitate communication with the Academic Senate for the California Community Colleges, the Academic Senate of the California State University, and the Academic Senate of the University of California about the rigor of those courses and to ensure that college credit is given to pupils who participate so that they benefit from successful efforts in IB programs. (Amended by Stats. 2015, Ch. 538, Sec. 40. (SB 416) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 12.5. International Baccalaureate Diploma Program [52920 - 52922] SECTION 52922. Source version: id_b6f3b6f5-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=12.5.&article= A school district that offers an International Baccalaureate Diploma Program may help pay the test fees for pupils in need of financial assistance. (Amended by Stats. 2015, Ch. 538, Sec. 42. (SB 416) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 1. Legislative Findings and Declarations, and Statewide Goals [52950 - 52951] SECTION 52950. Source version: id_d8b1d132-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=1. (a) The Legislature finds and declares that improved science education in elementary and secondary schools contributes to improvements in student performance. The Legislature further finds that the California Writing Project and the California Mathematics Project are exemplary training programs which were established to improve student competence in writing and mathematics through effective in-service education and training programs for teachers in these subject areas. The Legislature recognizes that the California writing and math projects provide effective models which could be utilized in providing staff development for teachers in science. (b) It is the intent of the Legislature that the Regents of the University of California consider establishing the California Science Project, to be administered jointly by the Regents of the University of California and the Trustees of the California State University in cooperation with the State Department of Education. The purpose of this project shall be to provide in-service education to elementary and secondary teachers in public schools. It is also the intent of the Legislature that projects be distributed throughout the state so that elementary and secondary school personnel located in rural, urban, and suburban areas may benefit from the in-service education opportunities. It is further the intent of the Legislature that participating school districts, colleges, and universities coordinate these projects with staff development programs and activities currently administered by the State Department of Education, including, but not limited to, teacher education and computer centers established in the same geographic area. It is further the intent of the Legislature that the scientists in the community be contacted in order to determine their interest in participating in the projects. (Added by Stats. 1987, Ch. 1486, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 1. Legislative Findings and Declarations, and Statewide Goals [52950 - 52951] SECTION 52951. Source version: id_d8b357d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=1. The Legislature finds and declares as follows: (a) California is a national and international leader in scientific and technological development. California employs 45 percent of the nation’s computer specialists and 21 percent of its engineers. The economic growth of California and the nation will depend in a large part upon its ability to remain competitive with other states and with foreign nations. Maintaining our preeminence will be dependent upon persons who have a solid foundation in science. (b) There is growing concern about science illiteracy within the state’s adult population. A National Science Foundation Report shows that less than half of all high school juniors and one-third of high school seniors take a science course. As a result, American high school students receive only one-half to one-third the exposure to science as their counterparts in other developed countries, such as Japan, West Germany, East Germany, and the Soviet Union. (c) California has an insufficient number of teachers trained in science and mathematics. There were 1,400 positions filled by teachers not trained in science or mathematics in 1985, and there is a projected shortage of 2,000 to 2,500 positions being filled by teachers not trained in science and mathematics in 1986. (d) Due to the higher entry level salaries provided by the private sector for college graduates trained in science and mathematics, the growing shortage of qualified science and mathematics teachers will continue. (e) There are exemplary programs in California that upgrade the training of science teachers and train science teachers. (f) Complex problems must be overcome if science education is to advance students to a level of competence appropriate for an increasingly technological society. The decline in science achievement of students in schools, colleges, and universities in California affects all students, but is particularly acute for women students, minority students, and students from lower income groups. The problems related to this situation include, but are not limited to, all of the following: (1) A lack of understanding of the fundamental principles of science and their implications for everyday life. (2) Inadequate mastery of knowledge of science by students and many teachers, resulting in poor comprehension of college coursework and high attrition rates for those students who have these deficiencies. (3) A tendency among girls and young women to avoid taking science courses in high school, which limits their choice of educational options, and screens them out of future careers in science, engineering, and other science-related professions. (4) Lack of science instruction at the elementary school level to enable all students, including female, minority, and low-income students, to develop skills and attitudes which will enable and encourage them to pursue science successfully in later grades. (5) A critical shortage of qualified teachers, with significant numbers of science teachers leaving the classroom for nonteaching jobs, and few students training to take their places. (6) Lack of teachers’ training in the use of laboratory equipment and procedures, as well as the lack of laboratory-based facilities in schools, thereby reducing the opportunity for students to receive “hands-on” science instruction. (7) Staffing of more than 25 percent of science classes by teachers not certified to teach science. (g) While some colleges and universities are improving courses in the teaching of science, this will not fully address the problem, since the number of new teacher candidates is relatively small. Therefore, the Legislature recognizes the need to assist existing teachers in gaining the knowledge necessary to improve science education for all students. (h) The science problem is shared by all segments and levels of California education, and the problem can best be addressed by cooperatively planned and funded efforts. (i) Appropriate models for cooperative, intersegmental approaches to solving the science problem should address the findings of state and national science associations, including, but not limited to, the National Science Foundation and National Association of Science Teachers. The comprehensive approach will give special attention to providing in-service training of classroom teachers, defining more clearly those standards of science knowledge required at each school level, and developing curricula and instructional strategies to meet these standards. Whenever possible, existing resources shall be pooled to support this comprehensive program. Models for the program may include the California Writing Project; the California Mathematics Project; the EQUALS Project; the MESA Project; the University of California at Irvine’s Summer Science Institute; the Lawrence Hall of Science’s Programs for Schools; and the Lawrence Livermore Laboratory’s Science Education Center, Summer Science Institute, and Lesson In-service Science Workshop for Elementary and Middle School Teachers. (Added by Stats. 1987, Ch. 1486, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52955. Source version: id_d8b357d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. With funds appropriated therefor, the University of California, upon approval by the regents, shall establish a cooperative endeavor entitled the California Science Project, to be administered jointly with the Trustees of the California State University in cooperation with the State Department of Education. Science projects shall be distributed throughout the state so that public elementary, secondary, and postsecondary school personnel located in rural, urban, and suburban areas may avail themselves of science education. “Project,” as used in this chapter, means the California Science Project. (Added by Stats. 1987, Ch. 1486, Sec. 1. Operative July 8, 1988, by Sec. 2 of Ch. 1486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52956. Source version: id_d8b7ebba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. The project shall establish an advisory committee to recommend proposals to be funded and criteria for project evaluation. The advisory committee shall evaluate the progress of the project and recommend appropriate changes. (Added by Stats. 1987, Ch. 1486, Sec. 1. Operative July 8, 1988, by Sec. 2 of Ch. 1486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52957. Source version: id_d8b7ebbc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. The advisory committee shall include: (a) One representative selected by the California Postsecondary Education Commission. (b) Two representatives selected by the President of the University of California, one of whom has the responsibility for teaching science. (c) Two representatives selected by the Chancellor of the California State University, one of whom has the responsibility for teaching science. (d) Two representatives selected by the Chancellor of the California Community Colleges, one of whom has the responsibility for teaching science. (e) Four public school classroom teachers of science, and one additional representative, selected by the Superintendent of Public Instruction. (f) One teacher of science plus a representative selected by the Association of Independent California Colleges and Universities. (g) One representative of business and industry selected by the Industry Education Council of California. (h) One representative of California labor, selected by the California branch of the American Federation of Labor-Congress of Industrial Organizations (AFL-CIO). (i) One representative of the National Science Supervisors Association. (j) One representative of a national laboratory, selected by the Regents of the University of California. (Added by Stats. 1987, Ch. 1486, Sec. 1. Operative July 8, 1988, by Sec. 2 of Ch. 1486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52958. Source version: id_d8cecf1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. The project shall establish criteria for approval of science projects. These criteria shall include, but not be limited to, the extent to which: (a) The science project addresses the need to integrate existing standards of science competence in the curriculum at each school level. (b) The science project establishes clear and informed approaches to the needs of women and minorities for continuing with those science courses required to enhance future career options. (c) The science project is designed to expand the base of scientific knowledge and the repertoire of teaching techniques of participating teachers and their colleagues in science teaching, and the scientific knowledge of students attending the classes they attend. (d) Neighboring institutions have worked collaboratively to develop a proposal which clearly indicates their intention to continue to work cooperatively through the duration of the project. (e) Participating districts, colleges, universities, businesses, federal laboratories, and individual scientists intend to provide financial and personnel support for the science project. (f) Selection of participating teachers will create school-based or district-based teams of leaders for improvement of science education at all grade levels. (g) Participating districts, colleges, universities, and businesses intend to use the expertise of participating teachers for leadership among their teaching colleagues. (h) The science project provides continuing science education to teachers in the public schools. (i) Scientists in both the public and private sector are recruited to enhance the science project by providing facilities or personnel support. (Added by Stats. 1987, Ch. 1486, Sec. 1. Operative July 8, 1988, by Sec. 2 of Ch. 1486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52959. Source version: id_d8cecf20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. Proposals for science projects which meet the criteria specified in Section 52958 shall be submitted to the advisory committee for review and recommendation. The advisory committee shall establish procedures to assure that individuals reviewing a specific proposal do not submit the proposals for a science project. The Regents of the University of California shall provide funding to projects which, as a group, provide a comprehensive approach to solving the problems identified in Section 52951. Agencies eligible to submit a proposal for a project shall include, but are not limited to, school districts, county superintendents of schools, colleges, universities, and national laboratories. (Added by Stats. 1987, Ch. 1486, Sec. 1. Operative July 8, 1988, by Sec. 2 of Ch. 1486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52961. Source version: id_d8cecf22-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. The Educational Technology Committee and the State Board of Education shall give careful consideration to funding proposals for classroom application utilizing computers, videos, and other educational technology which would enhance the project. (Added by Stats. 1987, Ch. 1486, Sec. 1. Operative July 8, 1988, by Sec. 2 of Ch. 1486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52962. Source version: id_d8d055c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. The advisory committee shall develop criteria for evaluating each project. The criteria shall include at least the following elements: (a) The change in science knowledge and pedagogical techniques for teaching science of participating teachers served by the local project. (b) Participants’ attitudes towards the effectiveness of the local project. (c) Changes in classroom behavior and perceived in-class teaching effectiveness. (d) Participants’ contribution to ongoing teacher retraining and in-service programs. (e) Any change in the students’ knowledge of science due to their teacher’s participation in the science project. (Added by Stats. 1987, Ch. 1486, Sec. 1. Operative July 8, 1988, by Sec. 2 of Ch. 1486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52964. Source version: id_d8d055c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. (a) The executive director of the project and the advisory committee shall secure the maximum amount of funding available from the federal government, universities and colleges, school districts, county boards of education, the State Department of Education, and the private sector. The funding may be provided through in-kind contributions. (b) To the extent possible, training provided to teachers shall be eligible for credit through the University of California or the California State University. (Added by Stats. 1987, Ch. 1486, Sec. 1. Operative July 8, 1988, by Sec. 2 of Ch. 1486.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 13. Science and Technology Education Improvement Programs [52950 - 52965] ARTICLE 2. California Science Project [52955 - 52965] SECTION 52965. Source version: id_d8d055c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=13.&article=2. This article does not apply to the University of California unless the regents, by resolution, make these provisions applicable. (Amended by Stats. 1990, Ch. 216, Sec. 17.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15. Comprehensive Reading Leadership Program [53000 - 53006] SECTION 53000. Source version: id_d8d7f6ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.&article= This chapter shall be known and may be cited as the Comprehensive Reading Leadership Program Act of 1996. (Added by Stats. 1996, Ch. 196, Sec. 2. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15. Comprehensive Reading Leadership Program [53000 - 53006] SECTION 53001. Source version: id_d8d7f6f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.&article= The Legislature hereby finds and declares that strong leadership is needed at the local level to improve reading instruction in kindergarten and grades 1 to 3, inclusive, of the public schools. Therefore, it is the intent of the Legislature in enacting this chapter to encourage members of governing boards of school districts, school administrators, and teachers identified by the governing board of the school district as having demonstrated leadership in reading instruction to implement a comprehensive reading program for kindergarten and grades 1 to 3, inclusive, that emphasizes basic reading skills and continued improvement of reading skills through the reading of high quality books. (Added by Stats. 1996, Ch. 196, Sec. 2. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15. Comprehensive Reading Leadership Program [53000 - 53006] SECTION 53002. Source version: id_d8d7f6f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.&article= (a) County offices of education may apply to the State Board of Education to design a reading leadership program and develop materials that focus on systematically explicit phonics instruction, phonemic awareness, sound-symbol relationships, decoding, word-attack skills, spelling instruction, diagnosis of reading deficiencies, research on how children learn to read, research on how proficient readers read, the structure of the English language, relationships between reading, writing, and spelling, planning and delivery of appropriate reading instruction based on assessment and evaluation, and independent pupil reading of high quality books and the relationship of that reading to improved reading performance. (b) From the applications received pursuant to this section, the State Board of Education shall select one county office of education that has a proposed reading leadership program and a proposed materials development program that, in the judgment of the State Board of Education, will provide an effective reading leadership training program addressing the elements listed in subdivision (a) of this section and meet the requirements of subdivision (a) of Section 53003. The State Board of Education is hereby authorized to allocate from moneys appropriated to it an amount sufficient to fund the reading leadership program selected pursuant to this section. (Added by Stats. 1996, Ch. 196, Sec. 2. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15. Comprehensive Reading Leadership Program [53000 - 53006] SECTION 53003. Source version: id_d8d7f6f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.&article= From the applications received pursuant to this chapter, the State Board of Education shall select county offices of education and school districts on a statewide basis to conduct reading leadership training programs pursuant to the program developed pursuant to Section 53002. The State Board of Education shall select an applicant in accordance with the following criteria: (a) The selected applicants shall have the qualifications necessary to deliver a high-quality reading leadership training program. (b) The selected applicants shall represent all areas of the state so that each geographical area of the state has reasonable access to a reading leadership training program. (Added by Stats. 1996, Ch. 196, Sec. 2. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15. Comprehensive Reading Leadership Program [53000 - 53006] SECTION 53004. Source version: id_d8d97d96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.&article= From the amount appropriated for the purposes of this chapter, the State Board of Education shall determine the amount of funds to allocate to each school district and county office of education selected pursuant to Section 53003 to provide reading leadership training programs according to criteria established by the State Board of Education that is based on the actual cost of providing the leadership program. (Added by Stats. 1996, Ch. 196, Sec. 2. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15. Comprehensive Reading Leadership Program [53000 - 53006] SECTION 53005. Source version: id_d8d97d98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.&article= The State Board of Education shall designate the school districts and county offices of education that will be served by each of the reading leadership training program providers selected pursuant to Section 53003. (Added by Stats. 1996, Ch. 196, Sec. 2. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15. Comprehensive Reading Leadership Program [53000 - 53006] SECTION 53006. Source version: id_d8d97d9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.&article= The county offices of education and school districts selected pursuant to Section 53003 shall conduct reading leadership training programs in accordance with the following: (a) The members of the governing boards of the school districts, administrators of school districts and schools, and teachers who have been identified by the governing boards of the school districts as having demonstrated leadership in reading instruction in each school district to be served, as determined pursuant to Section 53004, shall be invited to participate in the reading leadership training program. (b) The reading leadership training programs shall adhere to the program designs and use the materials produced pursuant to Section 53002. (c) The reading leadership training programs shall address systematically explicit phonics instruction, phonemic awareness, sound-symbol relationships, decoding, word-attack skills, spelling instruction, diagnosis of reading deficiencies, research on how children learn to read, research on how proficient readers read, the structure of the English language, relationships between reading, writing, and spelling, planning and delivery of appropriate reading instruction based on assessment and evaluation, and independent pupil reading of high quality books and the relationship of that reading to improved reading performance. (Added by Stats. 1996, Ch. 196, Sec. 2. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15.5. Screening for Risk of Reading Difficulties [53008 - 53009.5] SECTION 53008. Source version: id_13e9f44c-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.5.&article= (a) (1) The Legislature finds and declares that screening pupils for risk of reading difficulties, including dyslexia, is one of many tools that educators can employ to gain information about how to support their pupils’ learning. Screening should be considered part of a school’s comprehensive instructional strategy, and should be used by educators like other types of formative and summative assessments: to inform individualized instruction, measure a pupil’s progress, identify pupil learning needs, and enable parents and educators to discuss pupil needs in a more informed way. (2) The Legislature further finds and declares that early identification and intervention with evidence-based early literacy instructional strategies and materials improves literacy outcomes for pupils at risk of, and with, reading difficulties, including dyslexia. Dyslexia is the most common learning disability; however, many pupils on the dyslexia spectrum struggle every day to read without proper identification and support. By screening all pupils for risk of reading difficulties early, California can help families and teachers achieve the best learning and life outcomes for all pupils and close academic achievement gaps. (3) It is the intent of the Legislature that local educational agencies be provided funding to offset costs related to administering pupil screenings pursuant to this section if the Commission on State Mandates determines that this section contains costs mandated by the state, pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. (b) On or before January 31, 2024, the state board shall appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for risk of reading difficulties, including possible neurological disorders such as dyslexia, pursuant to this section. The state board shall not appoint any person to the panel of experts with a financial interest in the screening instruments under consideration. The state board shall establish a review process, including how screening instruments will be evaluated against the criteria specified in subdivision (g), for the panel to use to evaluate and approve screening instruments. This subdivision does not prohibit the state board from periodically reconstituting this expert panel or updating the review process, nor does it prohibit the expert panel from periodically amending the list of screening instruments described in subdivision (c) at the request of the state board. (c) (1) The work of the panel of experts appointed by the state board pursuant to subdivision (b) is subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and all meetings of the panel are subject to the Bagley-Keene Open Meeting Act. (2) On or before December 31, 2024, the panel of experts appointed by the state board shall, at a regularly scheduled public meeting, vote to approve a list of screening instruments pursuant to the review process and evaluation criteria established by the state board pursuant to subdivision (b). The list shall include screening instruments that are developed both for English-speaking pupils and for non-English speaking pupils, in languages reflecting the primary languages of pupils in the state, to the extent assessments in those languages are available. The panel of experts shall also identify information about the appropriate administration of each screening instrument, including the appropriate grade or grades for administration of each screening instrument. (d) On or before June 30, 2025, the governing board or body of a local educational agency serving pupils in kindergarten or grades 1 or 2 shall adopt, at a public meeting, one or more screening instruments from the list adopted pursuant to subdivision (c) to assess pupils for risk of reading difficulties pursuant to this section. The screening instrument or instruments adopted shall provide assessments for both English-speaking pupils and non-English speaking pupils, in languages reflecting the primary languages of pupils in the local educational agency, to the extent assessments in those languages are available. (e) (1) Commencing no later than the 2025–26 school year, and annually thereafter, a local educational agency serving pupils in kindergarten or grades 1 or 2 shall assess each pupil in kindergarten and grades 1 and 2 for risk of reading difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency pursuant to subdivision (d), unless the pupil’s parent or guardian opts out of the screening in writing. Employees administering screening instruments shall be appropriately trained to administer the instrument. (2) In determining when during the school year to administer each screening instrument, a local educational agency shall consider whether pupils have received sufficient instruction in foundational reading skills to support a valid assessment. For the purposes of identifying pupils at risk of reading difficulties pursuant to paragraph (1), a local educational agency shall not administer a screening instrument to a kindergarten pupil before the 91st schoolday of the school year. This paragraph does not prohibit local educational agencies from administering more than one pupil screening or diagnostic evaluation annually in addition to those administered for the purposes of identifying pupils at risk of reading difficulties pursuant to paragraph (1), as appropriate. (3) In order to ensure the accuracy and precision of screening, and in accordance with the administration instructions for each screening instrument adopted pursuant to subdivision (c), local educational agencies are strongly recommended to administer screening instruments on a one-on-one or small group basis. (4) On or before January 31, 2027, the department shall develop and disseminate guidance to local educational agencies regarding the implementation of paragraph (2), including factors that may be considered in determining whether a pupil has received sufficient instruction in foundational reading skills to support a valid assessment. The guidance shall be informed by diverse research regarding screening administration and factors affecting the predictive validity of reading difficulties risk screening, as well as by the first year of implementation of reading difficulties risk screening pursuant to this section with data from all of the screening instruments approved by the expert panel described in subdivision (c). (f) If a pupil enrolls for the first time in kindergarten or grades 1 or 2 after the screening instrument or instruments have been administered to all pupils in the given grade in that school year pursuant to subdivision (e), the local educational agency shall assess the pupil using the screening instrument or instruments adopted by the governing board or body of the local educational agency pursuant to subdivision (d) within 45 calendar days of enrollment, unless the pupil’s parent or guardian opts out of the screening in writing, or unless the parent or guardian provides documentation or the local educational agency has documentation that the pupil has had a similar screening in their prior school for their current grade and the parent or guardian was made aware of the results. (g) (1) To support the adoption of high-quality screening instruments that minimize the overidentification or underidentification of pupils’ risk of reading difficulties, and offer meaningful information for followup, the state board shall consider the extent to which a screening instrument addresses the following factors when adopting evaluation criteria pursuant to subdivision (b): (A) Use of direct measurement, supplemented by other pupil data, to determine if a pupil is at risk of a reading difficulty, including dyslexia. (B) Measurement of domains that may predict dyslexia and other reading disorders, including, but not limited to, measures of oral language, phonological and phonemic awareness, decoding skills, letter-sound knowledge, knowledge of letter names, rapid automatized naming, visual attention, reading fluency, vocabulary, and language comprehension. (C) Evidence that the tool is normed and validated using a contemporary multicultural and multilanguage sample of pupils, with outcome data for pupils whose home language is a language other than English as well as those who are native English speakers. (D) Integration of relevant pupil demographic information, such as home language, English language fluency, and access to prekindergarten education, to more fully understand a pupil’s performance. (E) Guidance and resources for educators regarding how to administer screening instruments, interpret results, explain results to families, including in pupils’ primary languages, and determine further educational strategies, assessments, diagnostics, and interventions that should be considered and that are specific to each type of pupil result. Guidance and resources provided pursuant to this subparagraph shall be informed by the English Language Arts/English Language Development Framework for California Public Schools developed pursuant to Section 60207 and the California Dyslexia Guidelines developed pursuant to Section 56335, as well as knowledge of effective interventions for the specific needs of individual pupils, and shall reflect a tiered interventions model aligned with the Multi-Tiered Systems of Support. (2) Assessments administered pursuant to this section shall not be considered an evaluation or diagnostic tool to establish eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or an evaluation to determine eligibility for a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). However, assessments administered pursuant to this section shall not be used to delay the child find process required under the federal Individuals with Disabilities Education Act. Additionally, assessments administered pursuant to this section may be used by a local educational agency to recommend that a pupil receive further assessment and evaluation to establish eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act, or to determine eligibility for a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973. (h) Pupils who do not speak sufficient English to be screened with an English-language instrument shall be screened pursuant to this section in their primary language if a screening instrument in their primary language approved pursuant to subdivision (c) is available. If a screening instrument is not available in at least one language in which a pupil is proficient, before the pupil can be screened, the pupil’s risk for reading difficulties shall be evaluated through an analysis of the pupil’s developmental history, educational history, and literacy progress, taking into account the pupil’s home background and evolving English language abilities, including speaking, listening, reading, spelling, and writing, consistent with the California Dyslexia Guidelines. Components of screening instruments that do not require English language proficiency may be used in this evaluation. When a pupil acquires sufficient English language knowledge and fluency to be able to be assessed using a screening instrument pursuant to this section, or if a screening instrument in their primary language becomes available, the local educational agency shall assess that pupil using the appropriate screening instrument. (i) A pupil may be exempted from the requirements of this section with the prior written consent of the parent or guardian if any of the following criteria are satisfied: (1) The pupil has a current identification or diagnosis of a reading difficulty, reading disorder, or other disability. (2) The pupil is eligible for special education and related services pursuant to the federal Individuals with Disabilities Education Act or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973. (3) The pupil is in the process of being assessed for eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act or a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973, and the pupil is being evaluated with diagnostic assessments that make screening pursuant to this section redundant. (j) A local educational agency shall provide parents or guardians of pupils eligible for screening pursuant to this section with information about the screening, including the date or dates of the screening and instructions for how parents or guardians can opt out of the screening on behalf of their child, no later than 15 calendar days before the administration of the screening instrument or instruments. A local educational agency is encouraged to provide information about screening pursuant to this section with other back-to-school materials at the beginning of the school year. (k) Pupil results from assessments administered pursuant to this section shall be made available to the pupil’s parent or guardian in a timely manner, but no more than 45 calendar days from the date the assessment was administered. These results shall include information about how to interpret the results, as well as the next steps pursuant to subdivision (l), if applicable. (l) Screening results shall be used as a flag for potential risk of reading difficulties, not as a diagnosis of a disability. Results from a screening instrument shall be used as part of a broader process that further evaluates pupil needs and progress, identifies supports for classroom instruction, enables targeted individual intervention as needed, and allows for further diagnosis if concerns do not resolve. Accordingly, if a pupil is identified as being at risk of having reading difficulties after being screened pursuant to this section, the local educational agency shall provide the pupil with supports and services, appropriate to the specific challenges identified by the screening instrument and other pertinent information about the pupil, which may include, among other supports and services, any of the following: (1) Evidence-based literacy instruction focused on the pupil’s specific needs. (2) Progress monitoring. (3) Early intervention in the regular general education program. (4) One-on-one or small group tutoring. (5) Further evaluation or diagnostic assessment. (m) Results of an assessment administered pursuant to this section shall not be used for any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs. (n) Notifications to parents or guardians provided pursuant to this section shall comply with the translation requirements set forth in Section 48985. (o) For purposes of this section, the following definitions apply: (1) “English learner” has the same meaning as defined in subdivision (a) of Section 306. (2) “Kindergarten” shall not include transitional kindergarten, as defined in subdivision (d) of Section 48000. (3) “Local educational agency” means a school district, county office of education, or charter school. (4) “Reading difficulties” means a barrier that impacts a pupil’s ability to learn to read or improve reading abilities, including dyslexia. (5) “Screening instrument” means a brief tool administered by an appropriately trained school employee, including, but not limited to, a certificated teacher of record, measuring discrete areas to determine pupils at risk of reading difficulties, including dyslexia. (Amended by Stats. 2026, Ch. 65, Sec. 114. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15.5. Screening for Risk of Reading Difficulties [53008 - 53009.5] SECTION 53008.5. Source version: id_c662c41a-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.5.&article= (a) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the department for the Literacy Coaches and Reading Specialists Grant Program, which is hereby established, in the manner and for the purposes set forth in this section. Funds appropriated for this purpose are available for encumbrance through June 30, 2031. (b) (1) Of the amount appropriated in subdivision (a), two hundred twenty-five million ($225,000,000) shall be allocated by the department to local educational agencies for schools eligible pursuant to paragraph (2), to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support. Local educational agencies may opt not to participate in the program described pursuant to this subdivision by informing the department, by September 30, 2022, and via a form provided by the department, of their intent to decline program funds for their eligible schoolsites. Local educational agencies who receive funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program. (2) Of the amount identified in paragraph (1), the department shall compute an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, such that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2021–22 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. Local educational agencies receiving an allocation of funds pursuant to this paragraph are encouraged to use these funds over the full grant period, through June 30, 2031. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority. (3) On or before June 30, 2024, and again on or before June 30, 2027, a recipient local educational agency shall submit an interim report to the department, and a final report on or before June 30, 2031, detailing how it used funds awarded pursuant to this subdivision. The department shall create a reporting template for the purposes of this requirement no later than December 31, 2022. Specifically, these reports shall include: (A) How funds were used to employ literacy coaches and reading and literacy specialists for its eligible schools. (B) How funds were used to develop and implement school literacy programs. (C) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups. (D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy specialists past the award period. (E) Other metrics as determined by the department. (4) On or before July 30, 2024, and again on or before July 30, 2027, the department shall provide the interim and final reports submitted by recipient local educational agencies to the grantee selected pursuant to subdivision (c) for an independent evaluation pursuant to subdivision (c) of Section 53008.7. (5) On or before December 31, 2025, again on or before December 31, 2028, and again on or before December 31, 2032, the department shall provide a comprehensive report to the Department of Finance, the state board, and the appropriate policy and fiscal committees of both houses of the Legislature summarizing the data collected pursuant to paragraph (3) of this section and paragraph (3) of subdivision (b) of Section 53008.7. (c) (1) Of the funds appropriated pursuant to subdivision (a), twenty-five million dollars ($25,000,000) shall be available for the department, in collaboration with the Commission on Teacher Credentialing, and subject to the approval of the executive director of the state board, to select a county office of education, through a competitive process, to develop and provide training for educators to become literacy coaches and reading and literacy specialists. The department shall prioritize applicants with demonstrated success in improving literacy, especially among underperforming pupil subgroups, as well as for those planning on partnering with institutions of higher education with demonstrated success in providing statewide professional development for expert literacy practice. Applicants who participate in the training established pursuant to this subdivision may also participate in the Reading and Literacy Supplementary Authorization Incentive Grant Program. (2) The grantee selected pursuant to paragraph (1) shall do all of the following: (A) Consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision. (B) Offer professional learning to educators at schoolsites funded pursuant to subdivision (b) and, as capacity allows, to other schoolsites. (C) Provide funding for participating educators to pursue a Reading and Literacy Added Authorization, a Reading and Literacy Leadership Credential, a Bilingual Specialist Authorization, or any combination of those. (3) Resources and training for literacy developed pursuant to this subdivision shall be coordinated with other state- and federally funded literacy initiatives to reduce duplication of effort and provide coordinated, streamlined access to literacy professional development and resources for educators and school leaders that are aligned with the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction. (d) For purposes of this section, the following definitions apply: (1) “Eligible schoolsite” means an elementary schoolsite operated by a local educational agency with an unduplicated pupil percentage of 97 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2021–22 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System. The unduplicated pupil percentage for a schoolsite shall be calculated by the sum of the number of unduplicated pupils eligible for free and reduced-price meals, English language learners, and youth in foster care, divided by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive. (2) “Employ” means that a local educational agency, to the extent feasible, will hire a new literacy coach, reading specialist, or both, train existing staff to become a literacy coach, or support existing staff in obtaining a reading specialist credential or authorization. Funds shall not be used to support the salaries of existing literacy coaches and reading specialists. (3) “Local educational agency” means an elementary or unified school district, county office of education, or charter school. (4) “School” and “schoolsite” means an elementary school of a local educational agency. (5) “School literacy program” means a program that includes all of the following: (A) A school literacy plan that includes goals and actions to improve literacy acquisition for pupils in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress toward the goals and actions. (B) At least one literacy coach or reading and literacy specialist per school to support educators and pupils in improving literacy instruction and pupil outcomes. (C) Increased access to evidence-based literacy instruction, through strategies, including, but not limited to, any of the following: (i) Providing bilingual reading specialists to support dual language acquisition and English language development programs. (ii) Developing and implementing culturally responsive curriculum and instruction. (iii) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils. (iv) Providing professional development for educators and school leaders regarding implementation of the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207 and the use of data to support effective instruction. (v) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following: (I) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members. (II) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. Local educational agencies may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals. (III) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. Local educational agencies are encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours. (IV) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy. (e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 115. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15.5. Screening for Risk of Reading Difficulties [53008 - 53009.5] SECTION 53008.7. Source version: id_c9a67d6c-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.5.&article= (a) The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated from the General Fund to the department to augment the Literacy Coaches and Reading Specialists Grant Program established pursuant to Section 53008.5. Funds appropriated for this purpose are available for encumbrance through June 30, 2031. (b) (1) Of the amount appropriated in subdivision (a), two hundred forty-eight million dollars ($248,000,000) shall be allocated by the department to local educational agencies for schools eligible pursuant to paragraph (2), to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support. Local educational agencies may opt not to participate in the program described pursuant to this subdivision by informing the department, by September 30, 2023, and via a form provided by the department, of their intent to decline program funds for their eligible schoolsites. Local educational agencies who receive funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program. (2) Of the amount identified in paragraph (1), the department shall compute an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, in a manner that also ensures that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2022–23 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. Local educational agencies receiving an allocation of funds pursuant to this paragraph are encouraged to use these funds over the full grant period, through June 30, 2031. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority. (3) On or before June 30, 2025, a recipient local educational agency receiving funds pursuant to this section shall submit an interim report to the department, and a final report on or before June 30, 2028, detailing how it used funds awarded pursuant to this subdivision. The department shall use the existing reporting template described in paragraph (3) of subdivision (b) of Section 53008.5 for the purposes of this requirement. Specifically, these reports shall include all of the following: (A) How funds were used to employ literacy coaches and reading and literacy specialists for its eligible schools. (B) How funds were used to develop and implement school literacy programs. (C) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups. (D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy specialists beyond the award period. (E) Other metrics as determined by the department. (4) On or before July 30, 2025, again on or before July 30, 2028, and again on or before July 30, 2031, the department shall provide the interim and final reports submitted by recipient local educational agencies to the grantee selected pursuant to subdivision (c) of Section 53008.5 for the independent evaluation pursuant to subdivision (c) of this section. (5) On or before December 31, 2025, again on or before December 31, 2028, and again on or before December 31, 2031, the department shall provide a comprehensive report to the Department of Finance, the state board, and the appropriate policy and fiscal committees of both houses of the Legislature summarizing the data collected pursuant to paragraph (3) of this subdivision and paragraph (3) of subdivision (b) of Section 53008.5. (c) (1) Of the funds appropriated pursuant to subdivision (a), two million dollars ($2,000,000) shall be available to the grantee selected pursuant to subdivision (c) of Section 53008.5 to provide additional training for educators to become literacy coaches and reading and literacy specialists, consistent with the training developed for the Literacy Coaches and Reading Specialists Grant program pursuant to Section 53008.5 and to contract for an independent evaluation pursuant to paragraph (4). (2) The grantee selected pursuant to paragraph (1) shall do all of the following: (A) Consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision. (B) Offer professional learning to educators at schoolsites funded pursuant to subdivision (b) and, as capacity allows, to other schoolsites. (C) Provide funding for participating educators to pursue a Reading and Literacy Added Authorization, a Reading and Literacy Leadership Credential, a Bilingual Specialist Authorization, or any combination of those. (3) Resources and training for literacy developed pursuant to this subdivision shall be coordinated with other state- and federally funded literacy initiatives to reduce duplication of effort and provide coordinated, streamlined access to literacy professional development and resources for educators and school leaders that are aligned with the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction. (4) The grantee selected pursuant to subdivision (c) of Section 53008.5 shall, in consultation with, and subject to the approval of, the executive director of the state board and the department, issue a request for proposals and contract for an independent evaluation of the effectiveness of the funding provided pursuant to this section, as well as the funding appropriated pursuant to Section 53008.5. The grantee shall use up to five hundred thousand dollars ($500,000) of the funding appropriated pursuant to paragraph (1) for the independent evaluation. (5) The evaluation conducted pursuant to paragraph (4) shall include an examination of the following: (A) Data collected from recipient local educational agencies pursuant to subdivision (b) of this section and subdivision (b) of Section 53008.5, including, but not limited to, all of the following: (i) How funds were used to employ literacy coaches and reading and literacy specialists. (ii) How funds were used to develop and implement school literacy programs. (iii) How expenditures impacted pupils’ literacy achievement, including for pupil subgroups. (iv) How the local educational agencies plan to continue to fund literacy coaches and reading and literacy specialists beyond the award period. (B) How the trainings developed and provided by the grantee selected pursuant to subdivision (c) of Section 53008.5 impacted the training of literacy coaches and literacy and reading specialists. (6) On or before June 30, 2029, the grantee selected pursuant to subdivision (c) of Section 53008.5 shall provide the evaluation report to the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the state board or their designee, the department, and the Director of Finance. (d) For purposes of this section, the following definitions apply: (1) “Eligible schoolsite” means an elementary schoolsite operated by a local educational agency with an unduplicated pupil percentage of 95 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2022–23 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System that did not receive funding pursuant to Section 53008.5. The unduplicated pupil percentage for a schoolsite shall be calculated by the sum of the number of unduplicated pupils eligible for free and reduced-price meals, English language learners, and youth in foster care, divided by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive. (2) “Local educational agency” means an elementary or unified school district, county office of education, or charter school. (3) “School” and “schoolsite” means an elementary school of a local educational agency. (4) “School literacy program” means a program that includes all of the following: (A) A school literacy plan that includes goals and actions to improve literacy acquisition for pupils in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress toward the goals and actions. (B) At least one literacy coach or reading and literacy specialist per school to support educators and pupils in improving literacy instruction and pupil outcomes. (C) Increased access to evidence-based literacy instruction through strategies, including, but not limited to, any of the following: (i) Providing bilingual reading specialists to support dual language acquisition and English language development programs. (ii) Developing and implementing culturally responsive curriculum and instruction. (iii) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils. (iv) Providing professional development for educators and school leaders regarding implementation of the curriculum framework for English language arts and English language development adopted by the state board pursuant to Section 60207 and the use of data to support effective instruction. (v) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following: (I) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members. (II) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. Local educational agencies may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals. (III) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. Local educational agencies are encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours. (IV) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy. (e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 116. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15.5. Screening for Risk of Reading Difficulties [53008 - 53009.5] SECTION 53009. Source version: id_16428a4e-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.5.&article= (a) The sum of two hundred fifteen million dollars ($215,000,000) is hereby appropriated from the General Fund to the department to augment the Literacy Coaches and Reading Specialists Grant Program established in Sections 53008.5 and 53008.7. Funds appropriated for this purpose are available for encumbrance through June 30, 2031. (b) (1) Of the amount appropriated in subdivision (a), two hundred million dollars ($200,000,000) shall be allocated by the department to local educational agencies for eligible schoolsites to develop school literacy programs, including dual language immersion and other programs for multilingual learners, employ and develop literacy coaches and specialists, and develop and implement interventions for pupils in need of targeted literacy support, including English learners. A local educational agency may opt not to participate in the program pursuant to this subdivision by informing the department, by September 30, 2025, using a form provided by the department, of the local educational agency’s intent to decline program funds for their eligible schoolsites and the local educational agency. A local educational agency that receives funding pursuant to this section may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program. (2) The department shall allocate funding under paragraph (1) based on an amount per pupil enrolled in kindergarten or any of grades 1 to 3, inclusive, at each eligible schoolsite, except that no local educational agency shall receive less than four hundred fifty thousand dollars ($450,000) per eligible schoolsite. Grant amounts shall be determined using 2024–25 school enrollment data determined as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority. (3) A local educational agency receiving grant funding pursuant to this subdivision is encouraged to use these funds over the full grant period, through June 30, 2031. (4) On or before June 30, 2027, and June 30, 2031, respectively, a recipient local educational agency shall submit an interim and final report to the department detailing how it used funds awarded pursuant to this subdivision using a reporting template developed by the department for the purposes of this requirement. Specifically for literacy, the report shall include all of the following: (A) How funds were used to employ literacy coaches and specialists for its eligible schoolsites. (B) How funds were used to develop, improve, and expand upon school literacy programs, including English Language Development and dual language immersion programs, and other programs for multilingual learners. (C) How expenditures impacted pupils’ literacy achievement, including achievement of high need pupil groups. (D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy and bilingual specialists past the award period. (E) Other metrics as determined by the department. (5) For purposes of this subdivision, the following definitions apply: (A) “Eligible schoolsite” means a schoolsite with an unduplicated pupil percentage of 94 percent or greater for pupils enrolled in kindergarten and grades 1 to 3, inclusive, based on 2024–25 Fall 1 census day pupil data submitted through the California Longitudinal Pupil Achievement Data System that did not receive funding pursuant to Section 53008.5 or 53008.7. The unduplicated pupil percentage for a schoolsite shall be calculated by dividing the sum of the number of unduplicated pupils, as defined in Section 42238.02, by each schoolsite’s total enrollment for kindergarten and grades 1 to 3, inclusive. (B) “Local educational agency” means a school district, county office of education, or charter school. (C) “School literacy program” means a program that includes all of the following: (i) A school literacy plan that includes goals and actions to improve literacy acquisition for all pupils, including those needing targeted literacy support, in preschool, if applicable, and kindergarten or any of grades 1 to 3, inclusive. The plan shall identify metrics to measure progress towards the goals and actions. (ii) At least one literacy coach or specialist per schoolsite to support educators and pupils in improving literacy instruction and pupil outcomes. The literacy coach or specialist may serve educators and pupils schoolwide, beyond grade 3. (iii) Increased access to evidence-based literacy instruction, through strategies, including, but not limited to, any of the following: (I) Providing professional learning for educators and school leaders regarding implementation of the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction. This may include supporting educators in obtaining Reading and Literacy Leadership Specialist Credentials, Reading and Literacy Added Authorizations, and Bilingual Specialist Authorizations. (II) Providing English language development and bilingual education specialists to support language development for multilingual learners. (III) Providing professional development for educators and school leaders in literacy instruction and the use of data to identify and support struggling pupils. (IV) Establishing an evidence-based family literacy initiative, which may include, but is not limited to, any of the following: (ia) Family literacy plans that identify literacy and biliteracy goals, benchmarks, and roles for all family members. (ib) Family literacy home visiting programs, including, but not limited to, “promotora” family literacy outreach specialists. A local educational agency may establish literacy and biliteracy home visits to engage families in how to best support their pupils and every family member in reaching their literacy goals. (ic) Extended-day, summer, or weekend family institutes related to literacy and biliteracy. A local educational agency shall be encouraged to work with in-house expanded learning programs to establish literacy and biliteracy support programs and literacy enrichment programs during after school, weekend, and summer hours. (id) Public library family literacy partnerships, including, but not limited to, digital tools to support whole family literacy. (D) “Schoolsite” means an elementary school operated by a local educational agency. (c) (1) Of the amount appropriated in subdivision (a), fifteen million dollars ($15,000,000) shall be available for the department, subject to the approval of the executive director of the state board, to select a county office of education or a consortium of county offices of education with expertise in both literacy instruction and multilingual education, through a competitive process, to provide training for educators to become literacy coaches and provide credentialing opportunities for educators to become reading and literacy and bilingual specialists, working with professional development providers, including, but not limited to, the California Reading and Literature Project, the California Writing Project, and other experts specializing in multilingual education. The department shall prioritize applicants with demonstrated success in improving literacy instruction and outcomes through dual language immersion and other programs for multilingual learners, through professional development based on the English Language Arts/English Language Development Framework adopted by the state board pursuant to Section 60207, the English Learner Roadmap adopted by the state board, and the Literacy Roadmap, especially for English learners and other high-need pupil groups and for those planning on partnering with institutions of higher education with demonstrated success in providing statewide professional development for expert literacy practice for multilingual learners. (2) The selected county office of education or a consortium of county offices of education shall do all of the following: (A) Consider the preparation program standards set by the Commission on Teacher Credentialing for reading and literacy in developing the standards for educator training developed pursuant to this subdivision. (B) Offer professional learning to educators at schoolsites funded pursuant to subdivision (b) and, as capacity allows, to other schoolsites. (C) Provide funding for participating educators to pursue a Reading and Literacy Added Authorization, a Reading and Literacy Leadership Credential, a Bilingual Specialist Authorization, or any combination of those. (3) Resources and training for literacy developed pursuant to this subdivision shall be coordinated with other state- and federally funded literacy initiatives to reduce duplication of effort and provide coordinated, streamlined access to literacy professional development and resources for educators and school leaders that are aligned with the curriculum framework for English Language Arts/English Language Development adopted by the state board pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction. (4) Of the amount made available to the department pursuant to paragraph (1), one million dollars ($1,000,000) shall be available to the selected county office of education or consortium of county offices of education to contract for an independent evaluation of their training and dissemination of literacy coaches and specialists under this chapter. (d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated from the General Fund in subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 117. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15.5. Screening for Risk of Reading Difficulties [53008 - 53009.5] SECTION 53009.1. Source version: id_cce8d72e-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.5.&article= (a) (1) The sum of three hundred fifty million dollars ($350,000,000) is hereby appropriated from the General Fund to the department to augment the Literacy Coaches and Reading Specialists Grant Program established in Sections 53008.5, 53008.7, and 53009. Funds appropriated for this purpose are available for encumbrance through June 30, 2031. (2) Of the amount appropriated in paragraph (1), one hundred fifty million dollars ($150,000,000) shall be allocated by the department to local educational agencies to supplement existing recipient funding pursuant to Section 53008.5 to extend the Literacy Coach and Reading Specialists Grant Program through June 30, 2031. (3) Of the amount appropriated in paragraph (1), one hundred thousand dollars ($100,000,000) shall be allocated by the department to local educational agencies to supplement existing recipient funding pursuant to Section 53008.7 to extend the Literacy Coach and Reading Specialists Grant Program through June 30, 2031. (4) Of the amount appropriated in paragraph (1), one hundred million dollars ($100,000,000) shall be allocated by the department to local educational agencies to supplement existing recipient funding pursuant to paragraph (1) of subdivision (b) of Section 53009, to extend the Literacy Coach and Reading Specialists Grant Program through June 30, 2031. (b) (1) Funds appropriated pursuant to subdivision (a) shall be used to develop and sustain school literacy programs, including English language development and dual language immersion programs, and other programs for multilingual learners. (2) A local educational agency may opt not to participate in the grant extension pursuant to this section by informing the department, by September 30, 2026, using a form provided by the department, of the local educational agency’s intent to decline additional program funds for their eligible schoolsites and the local educational agency. (A) A charter school that was awarded funding pursuant to Section 53008.5, Section 53008.7, or Section 53009 that has ceased operation by July 1, 2026, shall not be awarded additional funding under this section. (B) A local educational agency that receives funding pursuant to this or other programs for multilingual learners, employs and develops literacy coaches and specialists, and develops and implements interventions for pupils in need of targeted literacy support may also be eligible for the Reading and Literacy Supplementary Authorization Incentive Grant Program. (3) The department shall allocate funding under paragraphs (2), (3), and (4) of subdivision (a) consistent with the grant amounts received by local educational agencies pursuant to Sections 53008.5, 53008.7, and 53009. For purposes of allocations and apportionments under this paragraph, a locally funded charter school shall be included with the chartering authority. (4) A local educational agency receiving grant funding pursuant to subdivision (a) is encouraged to use these funds over the full grant period, through June 30, 2031. (5) On or before June 30, 2031, a recipient local educational agency shall submit a report to the department detailing how it used funds awarded pursuant to subdivision (a) using a reporting template developed by the department for the purposes of this requirement. The report shall include all of the following: (A) How funds were further used to employ literacy coaches and specialists for recipient schoolsites. (B) How funds were used to develop, improve, and expand upon school literacy programs, including comprehensive English language development and dual language immersion programs, and other programs for multilingual learners. (C) How expenditures impacted pupils’ literacy and biliteracy achievement, including achievement of high need pupil groups. (D) How the local educational agency plans to continue to fund literacy coaches and reading and literacy and bilingual specialists past the award period. (E) Other metrics as determined by the department. (6) For purposes of this section, the definitions in paragraph (5) of subdivision (b) of Section 53009 apply to this section. (c) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 118. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 15.5. Screening for Risk of Reading Difficulties [53008 - 53009.5] SECTION 53009.5. Source version: id_cfdbb160-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=15.5.&article= (a) For the 2026–27 fiscal year, the sum of forty million dollars ($40,000,000) is hereby appropriated from the General Fund to the Superintendent for allocation to local educational agencies that administer literacy screenings to pupils in kindergarten and grades 1 and 2 for risk of reading difficulties to support implementation of the requirements of Section 53008 of the Education Code, in the manner specified in this section. (b) The Superintendent shall make the following computations in order to determine the amount of funding for each local educational agency: (1) (A) Determine the total number of pupils in kindergarten and grades 1 and 2, but excluding pupils in transitional kindergarten, attending school in that local educational agency using the prior year’s school enrollment data as of the California Longitudinal Pupil Achievement Data System Fall 1 Certification. (B) Calculate a statewide total number of pupils by adding the total number of pupils identified pursuant to subparagraph (A) across all local educational agencies. (2) Calculate a per-pupil rate by dividing the amount appropriated pursuant to subdivision (a) by the statewide total number of pupils identified in subparagraph (B) of paragraph (1). (3) Calculate the apportionment for each local educational agency by multiplying the per-pupil rate calculated in paragraph (2) by the number determined in paragraph (1) for the local educational agency. (c) The governing board or body of a local educational agency serving pupils in kindergarten or grade 1 or 2 shall expend the funds received pursuant to this section on any costs associated with the implementation of Section 53008 of the Education Code, including, but not limited to, the procurement of screening instruments, screening administration, and training for school employees to administer pupil screenings in kindergarten and grades 1 and 2, but excluding transitional kindergarten, in order to assess for risk of reading difficulties using screening instruments approved pursuant to subdivisions (b) and (c) of Section 53008. (d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2026, Ch. 65, Sec. 119. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16. California Career Pathways Trust [53010 - 53016] SECTION 53010. Source version: id_526406f0-fe2c-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.&article= The California Career Pathways Trust is hereby established as a state education and economic and workforce development initiative with the goal of preparing pupils in kindergarten and grades 1 to 12, inclusive, to successfully transition to postsecondary education and training and to employment in high-skill, high-wage, and high-growth or emerging sectors of the state’s economy. (Added by Stats. 2014, Ch. 32, Sec. 41. (SB 858) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16. California Career Pathways Trust [53010 - 53016] SECTION 53011. Source version: id_cbccbb6e-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.&article= Contingent upon funding provided for this purpose in the annual Budget Act, the department shall administer the California Career Pathways Trust as a competitive grant program for kindergarten and grades 1 to 14, inclusive. Funds appropriated in Item 6110-280-0001 of Section 2.00 of the Budget Act of 2014 shall be available for expenditure in the 2014–15 fiscal year to the 2016–17 fiscal year, inclusive. Recipients shall do all of the following: (a) Prioritize work-based learning opportunities, as defined in Section 51760.1, for pupils and students in partnership with regional business and industry, state and local governmental entities, and nonprofit and community-based organizations. (b) Define the labor market of the regional economy in a manner that identifies high-skill, high-wage, high-growth jobs in the current regional economy or in emerging economic sectors. (c) Establish or strengthen existing regional collaborative relationships and partnerships among business entities, schools serving pupils in kindergarten and grades 1 to 12, inclusive, and postsecondary educational agencies, organizations that provide apprenticeship opportunities, and nonprofit or government entities. (d) Develop and integrate standards-based academics with a career-relevant, sequenced curriculum following industry-themed pathways that are aligned to high-skill, high-wage, high-growth jobs in the current regional economy, or in emerging regional economic sectors. (e) Provide articulated pathways from high school to postsecondary education and training that are aligned with the workforce development needs of regional economies. (f) Ensure that career pathway programs are designed and implemented in a manner that leads students to a postsecondary degree or certification in a high-skill, high-wage, and high-growth or emerging field. (g) Leverage and build on any of the following: (1) Existing structures, requirements, and resources of the Carl D. Perkins Career and Technical Education Improvement Act of 2006, California Partnership Academies, and Regional Occupational Centers and Programs. (2) The California Community Colleges Economic and Workforce Development Program. (3) Matching resources and in-kind contributions from public, private, and philanthropic sources. (Amended by Stats. 2015, Ch. 13, Sec. 35. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16. California Career Pathways Trust [53010 - 53016] SECTION 53012. Source version: id_a4ad1ea1-48ef-11e4-95b1-e62827160777 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.&article= A grant recipient under this chapter may be a school district, county office of education, direct-funded charter school, regional occupational center or program operated by a joint powers authority, or community college district. (Amended by Stats. 2014, Ch. 687, Sec. 7. (SB 876) Effective September 27, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16. California Career Pathways Trust [53010 - 53016] SECTION 53013. Source version: id_52642e06-fe2c-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.&article= The following are conditions of receipt of California Career Pathways Trust funds: (a) A grant recipient shall not use the funds to supplant other funding from state, federal, or any other public or private sources that would otherwise be used in the absence of funding provided by a California Career Pathways Trust grant. (b) A grant recipient shall identify and set aside funding within its own budget and obtain funding commitments from program partners sufficient to support the ongoing costs of the program for multiple years following the expiration of grant funding pursuant to this chapter. (c) A grant recipient subject to the requirements of Sections 52060 and 52061, Sections 52066 and 52067, or Section 47606.5 shall ensure that the activities supported by the California Career Pathways Trust funds are in alignment with the priorities and activities of the grant recipient’s local control and accountability plan. (d) A grant recipient subject to the requirements of subdivision (c) of Section 52302 shall ensure that the activities supported by the California Career Pathways Trust funds are in alignment with the elements of the plan identified in that section. (e) A grant recipient shall annually collect and submit data on outcome measures to the department, which shall include, but are not limited to, all of the following: (1) Pupil and student academic performance indicators. (2) The number and rate of school or program graduates. (3) Attainment of certificates, transfer readiness, and postsecondary enrollment. (4) Transitions to appropriate employment, apprenticeships, or job training. (Added by Stats. 2014, Ch. 32, Sec. 41. (SB 858) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16. California Career Pathways Trust [53010 - 53016] SECTION 53014. Source version: id_52645518-fe2c-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.&article= The Superintendent shall consult with the Chancellor of the California Community Colleges, state workforce investment organizations, and organizations representing business in the development of the request for grant applications and in the consideration of grant applications under this chapter. (Added by Stats. 2014, Ch. 32, Sec. 41. (SB 858) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16. California Career Pathways Trust [53010 - 53016] SECTION 53015. Source version: id_5264551a-fe2c-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.&article= For purposes of administering the California Career Pathways Trust, the Superintendent may do any of the following: (a) Establish a structure for awarding grants on a regional or local basis as defined by the Superintendent. (b) Determine specific funding amount categories and the number of grants to be awarded in each category. (c) Distribute funding on a multiyear schedule, and establish a process for monitoring the use of the funding, and, if necessary, cease distribution of funding and recover previously distributed funding in the case of a recipient’s failure to comply with a grant award condition. (d) Require grant recipients to submit program reports pursuant to a schedule determined by the Superintendent. (e) Set aside up to 1 percent of the total amount provided for in the trust for one or both of the following purposes: (1) To provide planning grants. (2) To contract with a local educational agency for the provision of technical assistance to applicants and grant recipients. (Added by Stats. 2014, Ch. 32, Sec. 41. (SB 858) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16. California Career Pathways Trust [53010 - 53016] SECTION 53016. Source version: id_52647c2c-fe2c-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.&article= For purposes of considering competitive priorities for the California Career Pathways Trust, the Superintendent shall do all of the following: (a) Consider how to prioritize grants to applicants in regions with higher-than-state-average rates of high school dropouts as measured by the California Longitudinal Pupil Achievement Data System. (b) Provide special consideration to an applicant or applicants seeking to establish or strengthen legal career pathways and promote a better understanding of the role and operations of state and federal courts and their relationship to the other branches of government. (c) Provide special consideration to an applicant or applicants seeking to establish or strengthen career pathways that include both high school opportunities and at least one of the following significant postsecondary pathways: a degree pursuant to Section 78041, if that section is added by Senate Bill 850 of the 2013–14 Regular Session of the Legislature, or an EdPrize apprenticeship opportunity pursuant to Section 33135.5, if that section is added by Senate Bill 923 of the 2013–14 Regular Session of the Legislature. (Added by Stats. 2014, Ch. 32, Sec. 41. (SB 858) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.1. Golden State Pathways Program [53020 - 53025] SECTION 53020. Source version: id_99a5754a-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.1.&article= This chapter shall be known, and may be cited, as the Golden State Pathways Program Act. (Added by Stats. 2022, Ch. 52, Sec. 88. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.1. Golden State Pathways Program [53020 - 53025] SECTION 53021. Source version: id_99a5754c-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.1.&article= The Golden State Pathways Program is hereby established to do all of the following: (a) Promote pathways in high-wage, high-skill, high-growth areas, including, but not limited to, technology, health care, education, including early education and child development, and climate-related fields that allow pupils to advance seamlessly from high school to college and career and, provide the workforce needed for economic growth. (b) Encourage collaboration between local educational agencies, institutions of higher education, local and regional employers, and other relevant community interest holders to develop, or expand the availability of, innovative college and career pathways that simultaneously align with a local educational agency’s local or regional labor market needs. (c) Enable more pupils to access postsecondary education opportunities and workforce training opportunities, or to obtain gainful employment in an industry that simultaneously aligns with local, regional, or state labor market needs. (d) Support the continued development of a skilled and educated workforce, with an emphasis on addressing areas of acute statewide need, such as developing a diverse workforce to meet the need for professional and learning support positions in childcare settings, preschools, and schools maintaining prekindergarten, kindergarten, or any of grades 1 to 12, inclusive. (Added by Stats. 2022, Ch. 52, Sec. 88. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.1. Golden State Pathways Program [53020 - 53025] SECTION 53022. Source version: id_99a5754e-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.1.&article= For purposes of this chapter, the following definitions apply: (a) “High-priority local educational agency” means a local educational agency that meets any of the following criteria: (1) Fifty percent or more of the enrolled pupils at the local educational agency are unduplicated pupils, as defined in Section 42238.02. (2) The local educational agency has a higher than state average dropout rate. (3) The local educational agency has a higher than state average rate of suspension and a higher than state average rate of expulsion. (4) The local educational agency has higher than state average rates of child homelessness, foster youth, or justice-involved youth. (5) The local educational agency has a lower than state average rate of pupils completing all of the A–G courses required to be eligible for admission to the University of California or the California State University. (b) “Local educational agency” means a school district, charter school, county office of education, or regional occupational center or program operated by a joint powers authority or county office of education. (c) “Region” means the regional planning unit as defined by California’s Unified Strategic Workforce Development Plan, developed by the California Workforce Development Board, pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113–128). (Added by Stats. 2022, Ch. 52, Sec. 88. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.1. Golden State Pathways Program [53020 - 53025] SECTION 53023. Source version: id_99a57550-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.1.&article= Contingent upon appropriation by the Legislature in the annual Budget Act or other statute, the department shall administer the Golden State Pathways Program as a competitive grant program. In order to be eligible to receive a grant award, grant recipients shall do the following, as applicable: (a) Commit to providing participating pupils with all of the following: (1) An integrated program of study that includes all of the courses to meet the A–G course requirements needed to be eligible for admission to the University of California or the California State University and at least one of the other criteria to be considered prepared for the purposes of meeting academic and career-readiness standards as defined in the College/Career Indicator associated with the California School Dashboard maintained by the department pursuant to Section 52064.5. Local educational agencies are encouraged to integrate career pathways content and applications into A–G courses. Local educational agencies may also provide or expand access to courses that satisfy A–G course requirements through existing programs such as: (A) UC Scout, which is a University of California Student Academic Preparation and Educational Partnerships (SAPEP) program that develops and delivers A–G approved online classes and curriculum to pupils. (B) University of California and California State University extended learning programs that offer college preparatory courses that fulfill the A–G subject requirements for admission to the University of California and the California State University. (2) The opportunity to earn at least 12 postsecondary credits that are applicable toward the completion of a degree, certificate, or credential through any of the following: (A) (i) Consistent with the requirements of Section 76004, College and Career Access Pathways dual enrollment courses. (ii) To meet the requirements of clause (i), grant recipients are expected to establish, expand, or maintain a College and Career Access Pathways partnership agreement with their local community college district consistent with the requirements of Section 76004. (B) Advanced Placement courses. (C) International Baccalaureate courses. (3) Opportunities to participate in work-based learning experiences in partnership with regional businesses and industries, state and local governmental entities, and nonprofit and community-based organizations that do all of the following: (A) Integrate career awareness and career exposure activities. (B) Emphasize opportunities to pupils in paid internships, preapprenticeships, or apprenticeships that offer pupils the ability to learn technical and professional skills. (C) Emphasize opportunities for pupils to develop social and professional networks that will better enable them to launch their careers. (4) Integrated support services necessary to address a pupil’s social, emotional, and academic needs. (b) Develop and integrate standards-based academics with a career-relevant, sequenced curriculum following industry-themed pathways that are aligned to high-skill, high-wage, or high-demand jobs in their regional economy or the state economy. (c) Provide articulated pathways from high school to postsecondary education and training that are aligned with the workforce development needs of their regional economy. (d) Collaborate with other local educational agencies, institutions of higher education, local and regional employers, and other relevant community interest holders to develop, or expand the availability of, innovative college and career pathways that align with their regional labor market needs. (e) Leverage available resources or in-kind contributions from public, private, and philanthropic sources to sustain the ongoing operation of their Golden State Pathways Program. (Added by Stats. 2022, Ch. 52, Sec. 88. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.1. Golden State Pathways Program [53020 - 53025] SECTION 53023.5. Source version: id_99a57552-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.1.&article= Community college districts may partner with local educational agencies to submit applications to receive funding under this program to support the offering of a Golden State Pathways Program. (Added by Stats. 2022, Ch. 52, Sec. 88. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.1. Golden State Pathways Program [53020 - 53025] SECTION 53024. Source version: id_99a57554-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.1.&article= (a) As a condition of receiving a Golden State Pathways Program grant, a recipient shall: (1) Not use Golden State Pathways Program grant funds to supplant state, federal, or any other public or private sources of funding that is otherwise, or would otherwise be, used to support the activities required of a Golden State Pathways Program grant recipient. (2) Identify and set aside funding within its own budget or obtain funding commitments from program partners to fully sustain the ongoing operation of their Golden State Pathways Program and how other programs would be supported or integrated with, or that have been aligned with, a local educational agency’s Golden State Pathways Program. (b) A grant recipient subject to the requirements of Sections 52060 and 52061, Sections 52066 and 52067, or Section 47606.5, as applicable, shall ensure that the activities supported by a Golden State Pathways Program grant are in alignment with the priorities and activities of the grant recipient’s local control and accountability plan. (c) (1) A grant recipient shall annually collect and submit data, disaggregated by pupil subgroup, on outcome measures to the department, which shall include, but are not limited to, the quality indicators described in the California State Plan for Career Technical Education required by the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V), and all of the following as applicable: (A) Pupil academic performance indicators, including information disaggregated by pupil subgroups. (B) The number and rate of school or program graduates by pupil subgroups. (C) The rate of pupils completing the courses to meet the A–G course requirements needed to be eligible for admission to the University of California or the California State University at the participating schoolsite, disaggregated by pupils participating in a pathways program pursuant to this chapter and pupils not participating in a pathways program pursuant to this chapter. (D) The number of postsecondary credits earned, internships and apprenticeships completed, and career technical education courses completed. (E) Attainment of certificates, credentials, and degrees. (F) Postsecondary enrollment, or pupils who meet the requirements to be considered a pupil who successfully transferred to a four-year university for purposes of Section 84750.4. (G) Transitions to employment, apprenticeships, or job training in the industry sector educational pathway program offered by the participating local educational agency. (H) The number of pupils completing career technical education coursework and the number of pupils completing a career technical education pathway consisting of a sequence of two or more career technical education courses in the same career technical education subject matter discipline. (2) To the extent feasible, it is the intent of the Legislature that upon the implementation of the California Cradle-to-Career Data System established in Section 10860, the data required pursuant to paragraph (1) shall be integrated within the California Cradle-to-Career Data System. (Added by Stats. 2022, Ch. 52, Sec. 88. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.1. Golden State Pathways Program [53020 - 53025] SECTION 53025. Source version: id_99a59c66-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.1.&article= (a) The Superintendent, in consultation with the executive director of the state board, shall award grants on a competitive basis to grant recipients for the following: (1) Consortium development and planning grants to support collaborative planning between a grant recipient and their program partners in the development of high-quality college and career pathways opportunities that are consistent with the requirements of this chapter. Of the amounts appropriated to support the Golden State Pathways Program, the Superintendent may use up to 10 percent of the funds for consortium development and planning grants. (2) Implementation grants to support a grant recipient’s ability to offer participating pupils high-quality college and career pathways opportunities consistent with the requirements of this chapter. Of the amounts appropriated to support the Golden State Pathways Program, the Superintendent shall use not less than 85 percent of the funds for implementation grants. (b) (1) Of the amounts appropriated to support the Golden State Pathways Program, the Superintendent may use up to 5 percent of the appropriation to contract, in consultation with the executive director of the state board, with up to 10 local educational agencies for the provision of technical assistance to local educational agencies, applicants, and grant recipients that is aligned to technical assistance provided for other College and career readiness initiatives, including, but not limited to, those established pursuant to this chapter and the California Career Technical Education Incentive Grant Program pursuant to Chapter 16.5 (commencing with Section 53070). Of these technical assistance grantees, one local educational agency with demonstrated expertise in the design and implementation of college and career pathways will act as the lead technical assistance grantee and work with the department to provide leadership and direction for the other technical assistance grantees, who will provide technical assistance to different regions in the state. (2) To be eligible for the contract pursuant to paragraph (1), the local educational agency shall commit to all of the following: (A) Assisting local educational agencies in the continuous improvement of their Golden State Pathways Programs. (B) Leveraging evidence-based program frameworks, such as linked learning framework and quality standards, to provide assistance to grantees. (C) Providing prospective applicants and grantees with feedback regarding the development of their planned application, implementation, and continuous improvement of their Golden State Pathways Program and other career technical education programs, courses, and pathways that have been integrated with, or that have been aligned with, a local educational agency’s Golden State Pathways Program. (D) Creating a community of practice network that enables grantees to share best practices with other grantees and other interested local educational agencies. (E) Assisting grant recipients with the collection and reporting of required data pursuant to this chapter. (3) It is the intent of the Legislature that the Superintendent identify and contract with a local educational agency to provide technical assistance consistent with the requirements of paragraph (2) not less than three months prior to grant applications being due to the Superintendent. (4) The Superintendent, in consultation with the executive director of the state board, shall contract with an independent entity to evaluate the program’s effectiveness in meeting the goals described in Section 53021. This evaluation shall be completed no sooner than June 30, 2027, and no later than June 30, 2028. (5) Any funds used by the Superintendent for purposes of paragraph (1) shall be available for encumbrance and expenditure for five fiscal years. (c) In determining the grant amounts for an implementation grant and for a consortium development and planning grant, the Superintendent, in consultation with the executive director of the state board, shall consider all of the following: (1) The number of pupils enrolled by the applicant. (2) The number of pathways programs proposed to be established or expanded by the applicant and the number of schoolsites that would participate in the pathways program. (3) The estimated number of pupils that would be enrolled in the applicant’s pathways programs. (4) The number of entities collaborating with the applicant to achieve the goal outlined in subdivision (a) of Section 53021. (d) An applicant seeking a grant under this chapter shall submit an application to the Superintendent at a time, in a manner, and with any appropriate information, as the Superintendent may reasonably require. Each grant application submitted shall include all of the following: (1) A description and documentation of how the applicant will collaborate with their local or regional interest holders to develop or offer high-quality college and career pathways opportunities consistent with the requirements of this chapter. (2) A description of all of the educational, career, or support services to be provided at the schoolsite, a partnering college or university site, virtually, or at the locations where eligible work-based learning would occur. (3) A description regarding how the applicant’s Golden State Pathways Program would support the needs of the applicant’s underrepresented pupils. (4) A description of all direct and indirect resources, and partner entities that will support the applicant’s development or implementation of high-quality college and career pathways opportunities consistent with the requirements of this chapter. (5) A description of the applicant’s current and future efforts to sustain the ongoing operation of their Golden State Pathways Program beyond the life of their grant. Additionally, if applicants participate in the California Career Technical Education Incentive Grant Program established pursuant to Section 53070, the K–12 component of the Strong Workforce Program, or any other state college and career programs, they are encouraged to describe how they will create cohesion between those programs and college and career pathways developed or offered under the Golden State Pathways Program. (6) Provisions for data collection and recordkeeping necessary to comply with the requirements of subdivision (c) of Section 53024 and to verify that the grant funds were expended to develop or implement high-quality college and career pathways opportunities consistent with the requirements of this chapter. (e) (1) An applicant seeking a grant under this chapter may request both a planning and implementation grant. (2) An applicant that is seeking both a planning and implementation grant shall submit, and receive approval of, a supplemental report to the Superintendent detailing the implementation plan developed using the resources received from their planning grant, before expending their implementation grant resources. (f) In awarding grants pursuant to this chapter, the Superintendent shall prioritize applications submitted by a high-priority local educational agency that seeks to establish pathways programs in the following areas: (1) Education, including early education and child development. (2) Computer science. (3) Health care. (4) Science, technology, engineering, and mathematics pathways that also focus on climate resilience. (Added by Stats. 2022, Ch. 52, Sec. 88. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53070. Source version: id_ffba23a0-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) The California Career Technical Education Incentive Grant Program is hereby established as a state education, economic, and workforce development initiative with the goal of providing pupils in kindergarten and grades 1 to 12, inclusive, with the knowledge and skills necessary to transition to employment and postsecondary education. The purpose of the competitive program is to encourage, maintain, and strengthen the delivery of high-quality career technical education programs. (b) The following amounts are hereby appropriated to the department from the General Fund for the program established pursuant to this chapter: (1) For the 2015–16 fiscal year, four hundred million dollars ($400,000,000). (2) For the 2016–17 fiscal year, three hundred million dollars ($300,000,000). (3) For the 2017–18 fiscal year, two hundred million dollars ($200,000,000). (c) For the 2018–19 fiscal year to the 2020–21 fiscal year, inclusive, one hundred fifty million dollars ($150,000,000) shall be made available to the department, upon appropriation by the Legislature in the annual Budget Act or another statute, for the program established pursuant to this chapter. (d) For the 2021–22 fiscal year and each fiscal year thereafter, three hundred million dollars ($300,000,000) shall be made available to the department, upon appropriation by the Legislature in the annual Budget Act or another statute, for the program established pursuant to this chapter. (e) It is the intent of the Legislature that one-time funding for career technical education appropriated pursuant to Section 94 of Assembly Bill 121 of the 2024–25 Regular Session (Chapter 8 of the Statutes of 2025) be made available to the department for the program established pursuant to this chapter. (f) Of the amounts appropriated pursuant to subdivisions (b), (c), and (d), 4 percent is designated for applicants with average daily attendance of less than or equal to 140, 8 percent is designated for applicants with average daily attendance of more than 140 and less than or equal to 550, and 88 percent is designated for applicants with average daily attendance of more than 550, unless otherwise determined by the Superintendent in collaboration with the executive director of the state board. For purposes of this section, average daily attendance shall be those figures that are reported at the time of the second principal apportionment for the previous fiscal year for pupils in grades 7 to 12, inclusive. For any applicant consisting of more than one school district, county office of education, charter school, or regional occupational center or program (ROCP) operated by a joint powers authority or county office of education, or of any combination of those entities, the sum of the average daily attendance for each of the constituent entities shall be used for purposes of this subdivision. (Amended by Stats. 2025, Ch. 457, Sec. 2. (SB 638) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53070.1. Source version: id_03e13812-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) Commencing July 1, 2018, before awarding any grants under the program, the department shall report to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Governor on how it will determine that an applicant has met the minimum eligibility standards of the program. This report shall include, but not be limited to, all of the following: (1) The components that need to be contained in the written commitment required to meet the requirements of subdivision (b) of Section 53071 and the process that will be used to determine if a grant recipient has upheld the agreement. (2) The process that will be used to determine that an applicant, or an applicant’s career technical education program, meets all of the minimum eligibility standards specified in subdivision (c) of Section 53071, including, but not limited to, all of the following: (A) The components that need to be contained in the written agreements required to meet the requirements of paragraphs (4) and (5) of subdivision (c) of Section 53071 and the process that will be used to verify that the partnerships are ongoing and structural. (B) The process for determining that programs reflect regional or local labor market demands and focus on current or emerging high-skill, high-wage, or high-demand occupations. (C) The process for determining that programs are informed by the regional plan developed by their Strong Workforce Program consortium and in effect during the period for which the grant is awarded. (D) The mechanisms that will be used by the department to collect and report data submitted pursuant to paragraph (11) of subdivision (c) of Section 53071. (E) The process that will be used by the department to verify that an applicant receiving a renewal grant includes career technical education programs in its local control and accountability plan and annual update. (b) Before awarding grants under the program for the 2021–22 fiscal year, the department shall submit an updated report, as outlined in subdivision (a), detailing the process they will use to determine and verify that an applicant meets the minimum eligibility standards of the program. Annually thereafter, the department shall notify the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Governor of any changes to the updated information reported pursuant to this subdivision. (c) This section shall become inoperative on June 1, 2026, and, as of January 1, 2027, is repealed. (Amended by Stats. 2025, Ch. 457, Sec. 3. (SB 638) Effective January 1, 2026. Inoperative June 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 4 of Stats. 2025, Ch. 457.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53070.1. Source version: id_5822c472-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) Commencing July 1, 2018, before awarding any grants under the program, the department shall report to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Governor on how it will determine that an applicant has met the minimum eligibility standards of the program. This report shall include, but not be limited to, all of the following: (1) The components that need to be contained in the written commitment required to meet the requirements of subdivision (b) of Section 53071 and the process that will be used to determine if a grant recipient has upheld the agreement. (2) The process that will be used to determine that an applicant, or an applicant’s career technical education program, meets all of the minimum eligibility standards specified in subdivision (c) of Section 53071, including, but not limited to, all of the following: (A) The components that need to be contained in the written agreements required to meet the requirements of paragraphs (4) and (5) of subdivision (c) of Section 53071 and the process that will be used to verify that the partnerships are ongoing and structural. (B) The process for determining that programs reflect regional or local labor market demands and focus on current or emerging high-skill, high-wage, or high-demand occupations. (C) The process for determining that programs are informed by the regional plan developed by their Strong Workforce Program consortium and in effect during the period for which the grant is awarded. (D) The mechanisms that will be used by the department to collect and report data submitted pursuant to paragraph (12) of subdivision (c) of Section 53071. (E) The process that will be used by the department to verify that an applicant receiving a renewal grant includes career technical education programs in its local control and accountability plan and annual update. (b) Before awarding grants under the program for the 2021–22 fiscal year, the department shall submit an updated report, as outlined in subdivision (a), detailing the process they will use to determine and verify that an applicant meets the minimum eligibility standards of the program. Annually thereafter, the department shall notify the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Governor of any changes to the updated information reported pursuant to this subdivision. (c) This section shall become operative on June 1, 2026. (Repealed (in Sec. 3) and added by Stats. 2025, Ch. 457, Sec. 4. (SB 638) Effective January 1, 2026. Operative June 1, 2026, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53071. Source version: id_084ef274-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= The department shall administer this program as a competitive grant program. An applicant shall demonstrate all of the following to be considered for a grant award: (a) (1) A proportional dollar-for-dollar match as follows for any funding that an applicant is determined to be eligible to receive under the allocation formula established pursuant to Section 53076: (A) For the fiscal year beginning July 1, 2015, one dollar ($1) for every one dollar ($1) received from this program. (B) For the fiscal year beginning July 1, 2016, one dollar and fifty cents ($1.50) for every one dollar ($1) received from this program. (C) For the fiscal year beginning July 1, 2017, two dollars ($2) for every one dollar ($1) received from this program. (D) (i) For the fiscal year beginning July 1, 2018, and each fiscal year thereafter, two dollars ($2) for every one dollar ($1) received from this program. (ii) Beginning July 1, 2021, the proportional dollar-for-dollar match shall be encumbered in the fiscal year for which an applicant is applying to receive a grant under the program. (2) In the event an applicant is unable to fully match the amount of funding that the allocation formula determines that they are eligible to receive, the applicant’s award shall be reduced to the amount necessary for the applicant to meet the requirements of this subdivision. Under no circumstances shall an applicant be awarded an amount higher than the amount that the allocation formula determines them to be eligible to receive under the program. (3) That local match may include funding from school district and charter school local control funding formula apportionments pursuant to Section 42238.02, the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V) (Public Law 115-224), the California Partnership Academies, the Agricultural Career Technical Education Incentive Grant, or any other allowable source except as provided in paragraph (4). (4) That local match shall not include funding from the K–12 component of the Strong Workforce Program established pursuant to Section 88827 or the Career Technical Education Facilities Program established pursuant to Section 17078.72. (5) An applicant’s matching funds shall be used to support the program or programs for which the applicant was awarded a grant. (b) A three-year plan for continued financial and administrative support of career technical education programs that demonstrates a financial commitment of no less than the amount expended on those programs in the previous fiscal year. The plan, at a minimum, shall include the identification of available funding within an applicant’s current or projected budget to continue to support career technical education programs and a written commitment to do so. If an applicant consisting of more than one school district, county office of education, charter school, or regional occupational center or program operated by a joint powers authority or county office of education, or any combination of these entities, is applying for grant funding from this program, identification of available funding and a written commitment shall be demonstrated by each participating constituent entity. (c) The applicant, or the applicant’s career technical education program, as applicable, meets all of the following minimum eligibility standards: (1) Offers high-quality curriculum and instruction aligned with the California Career Technical Education Model Curriculum Standards, including, but not limited to, providing a coherent sequence of career technical education courses that enable pupils to transition to postsecondary education programs that lead to a career pathway or attain employment or industry certification upon graduation from high school, including programs that integrate academic and career technical education and that offer the opportunity for participants to prepare for postsecondary enrollment and to earn postsecondary credits through Advanced Placement courses, International Baccalaureate courses, or by formal agreement with a postsecondary partner to provide dual enrollment opportunities. (2) Provides pupils with quality career exploration, guidance, and a continuum of work-based learning opportunities aligned with academic coursework, which may include paid internships. (3) Provides pupil support services, including counseling and leadership development, to address pupils’ social, emotional, career, and academic needs. (4) Provides for system alignment, coherence, and articulation, including ongoing and structural regional or local partnerships with postsecondary educational institutions, documented through formal written agreements allowing for dual enrollment opportunities. (5) Forms ongoing and meaningful industry and labor partnerships, evidenced by written agreements and through participation on advisory committees and collaboration with business and labor organizations to provide opportunities for pupils to gain access to preapprenticeships, internships, industry certifications, and work-based learning opportunities as well as opportunities for industry to provide input to the career technical education programs and curriculum. (6) Provides opportunities for pupils to participate in after school, extended day, and out-of-school internships, competitions, leadership development opportunities, career and technical education student organizations, and other work-based learning opportunities. (7) Reflects regional or local labor market demands, and focuses on current or emerging high-skill, high-wage, or high-demand occupations, and is informed by the regional plan of the local Strong Workforce Program consortium. (8) Leads to an industry-recognized credential or certificate, or appropriate postsecondary education or training, employment, or a postsecondary degree. (9) Is staffed by skilled teachers or faculty, and provides professional development opportunities for any teachers or faculty members supporting pupils in those programs. (10) Provides opportunities for pupils who are individuals with exceptional needs to participate in all programs. (11) (A) Reports data to the Superintendent, no later than November 1 of each fiscal year, as a program participation requirement, to allow for an evaluation of the program. (B) Data reported pursuant to this paragraph shall include, but not be limited to, the quality indicators described in the California State Plan for Career Technical Education required by the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V), and each of the following metrics, disaggregated by race and gender: (i) The high school graduation rate. (ii) The number of pupils completing career technical education coursework. (iii) The number of pupils meeting academic and career-readiness standards as defined in the College/Career Indicator associated with the California School Dashboard. (iv) The number of pupils obtaining an industry-recognized credential, certificate, license, or other measure of technical skill attainment. (v) The number of former pupils employed and the types of businesses in which they are employed. (vi) The number of former pupils enrolled in each of the following: (I) A postsecondary educational institution. (II) A state apprenticeship program. (III) A form of job training other than a state apprenticeship program. (C) No later than November 30 of each fiscal year, the California Workforce Pathways Joint Advisory Committee, established pursuant to Section 12053, shall review the data metrics specified in subparagraph (B) and make recommendations to the Department of Finance, the Governor, and the appropriate policy and fiscal committees of the Legislature as to both of the following topics: (i) Whether these data metrics remain the most appropriate metrics to measure and evaluate program outcomes for both new and renewal applicants. (ii) Whether other metrics should be included. (D) The department shall make the data reported pursuant to subparagraph (B) available to the office of the Chancellor of the California Community Colleges, in the manner and form requested by the office of the Chancellor of the California Community Colleges, on or before December 30 of each fiscal year to ensure that data is included in the California Community Colleges LaunchBoard data platform. (d) This section shall become inoperative on June 1, 2026, and, as of January 1, 2027, is repealed. (Amended by Stats. 2025, Ch. 457, Sec. 5. (SB 638) Effective January 1, 2026. Inoperative June 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 6 of Stats. 2025, Ch. 457.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53071. Source version: id_5d0c3e84-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= The department shall administer this program as a competitive grant program. An applicant shall demonstrate all of the following to be considered for a grant award: (a) (1) A proportional dollar-for-dollar match as follows for any funding that an applicant is determined to be eligible to receive under the allocation formula established pursuant to Section 53076: (A) For the fiscal year beginning July 1, 2015, one dollar ($1) for every one dollar ($1) received from this program. (B) For the fiscal year beginning July 1, 2016, one dollar and fifty cents ($1.50) for every one dollar ($1) received from this program. (C) For the fiscal year beginning July 1, 2017, two dollars ($2) for every one dollar ($1) received from this program. (D) (i) For the fiscal year beginning July 1, 2018, and each fiscal year thereafter, two dollars ($2) for every one dollar ($1) received from this program. (ii) Beginning July 1, 2021, the proportional dollar-for-dollar match shall be encumbered in the fiscal year for which an applicant is applying to receive a grant under the program. (2) In the event an applicant is unable to fully match the amount of funding that the allocation formula determines that they are eligible to receive, the applicant’s award shall be reduced to the amount necessary for the applicant to meet the requirements of this subdivision. Under no circumstances shall an applicant be awarded an amount higher than the amount that the allocation formula determines them to be eligible to receive under the program. (3) That local match may include funding from school district and charter school local control funding formula apportionments pursuant to Section 42238.02, the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V) (Public Law 115-224), the California Partnership Academies, the Agricultural Career Technical Education Incentive Grant, or any other allowable source except as provided in paragraph (4). (4) That local match shall not include funding from the K–12 component of the Strong Workforce Program established pursuant to Section 88827 or the Career Technical Education Facilities Program established pursuant to Section 17078.72. (5) An applicant’s matching funds shall be used to support the program or programs for which the applicant was awarded a grant. (b) A three-year plan for continued financial and administrative support of career technical education programs that demonstrates a financial commitment of no less than the amount expended on those programs in the previous fiscal year. The plan, at a minimum, shall include the identification of available funding within an applicant’s current or projected budget to continue to support career technical education programs and a written commitment to do so. If an applicant consisting of more than one school district, county office of education, charter school, or regional occupational center or program operated by a joint powers authority or county office of education, or any combination of these entities, is applying for grant funding from this program, identification of available funding and a written commitment shall be demonstrated by each participating constituent entity. (c) The applicant, or the applicant’s career technical education program, as applicable, meets all of the following minimum eligibility standards: (1) Offers high-quality curriculum and instruction aligned with the California Career Technical Education Model Curriculum Standards, including, but not limited to, providing a coherent sequence of career technical education courses that lead to a career pathway that enables pupils to transition to employment or to postsecondary education in either of the following: (A) Programs that integrate academic and career technical education and that offer the opportunity for participants to prepare for postsecondary enrollment and to earn postsecondary credits through Advanced Placement courses, International Baccalaureate courses, or by formal agreement with a postsecondary partner to provide dual enrollment opportunities. (B) Programs that allow pupils to attain employment upon graduation from high school, including through industry certifications, preapprenticeships, or apprenticeships. (2) Provides pupils with quality career exploration, guidance, and a continuum of work-based learning opportunities aligned with academic coursework, which may include paid internships or service learning. (3) Provides pupil support services, including counseling and leadership development, to address pupils’ social, emotional, career, and academic needs. (4) Provides for system alignment, coherence, and articulation, including ongoing and structural regional or local partnerships with postsecondary educational institutions, documented through formal written agreements allowing for dual enrollment opportunities and partnerships to establish new or expand existing career pathways, including, but not limited to, green technology, health care, information technology, education, and artificial intelligence. (5) Collaborates with labor and business entities for purposes of placement of pupils in apprenticeships, preapprenticeships, dual enrollment opportunities, earn and learn opportunities, service learning, and work-based learning opportunities. (6) Provides opportunities for pupils to participate in after school, extended day, and out-of-school internships, competitions, leadership development opportunities, career and technical education student organizations, and other work-based learning opportunities. (7) Ensures career programs and career pathways are aligned with workforce needs and labor market demand, as identified through local, regional, or statewide economic and workforce development plans, Strong Workforce Program consortia plans, other relevant labor market information, and employer engagement. (8) Leads to an industry-recognized credential or certificate, or appropriate postsecondary education or training, employment, or a postsecondary degree. (9) Is staffed by skilled teachers or faculty, and provides professional development opportunities for any teachers or faculty members supporting pupils in those programs. (10) Provides opportunities for pupils who are individuals with exceptional needs to participate in all programs. (11) Provides opportunities for pupils from historically underrepresented communities, foster youth, adult learners, people with children, low-income pupils, English language learners, and other populations that struggle to access career technical education and career pathway programs. (12) (A) Reports data to the Superintendent, no later than November 1 of each fiscal year, as a program participation requirement, to allow for an evaluation of the program. (B) Data reported pursuant to this paragraph shall include, but not be limited to, the quality indicators described in the California State Plan for Career Technical Education required by the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V), and each of the following metrics, disaggregated by race and gender: (i) The high school graduation rate. (ii) The number of pupils completing career technical education coursework. (iii) The number of pupils earning dual credit through career technical education courses and career pathways. (iv) The number of pupils participating in work-based learning, earn and learn activities, or service learning, linked to career technical education courses and career pathways. (v) The number of pupils meeting academic and career-readiness standards as defined in the College/Career Indicator associated with the California School Dashboard. (vi) The number of pupils obtaining an industry-recognized credential, certificate, license, or other measure of technical skill attainment. (vii) The number of former pupils employed and the types of businesses in which they are employed. (viii) The number of former pupils enrolled in each of the following: (I) A postsecondary educational institution. (II) A state apprenticeship program. (III) A form of job training other than a state apprenticeship program. (C) No later than January 1 of each fiscal year, the California Workforce Pathways Joint Advisory Committee established pursuant to Section 12053, in consultation with the California Education Interagency Council established pursuant to Section 11902 of the Government Code, shall review the data metrics specified in subparagraph (B) and make recommendations to the Department of Finance, the Governor, and the appropriate policy and fiscal committees of the Legislature as to both of the following topics: (i) Whether these data metrics remain the most appropriate metrics to measure and evaluate program outcomes for both new and renewal applicants. (ii) Whether other metrics should be included. (D) The department shall make the data reported pursuant to subparagraph (B) available to the office of the Chancellor of the California Community Colleges, in the manner and form requested by the office of the Chancellor of the California Community Colleges, on or before December 30 of each fiscal year to ensure that data is included in the California Community Colleges LaunchBoard data platform. (d) This section shall become operative on June 1, 2026. (Repealed (in Sec. 5) and added by Stats. 2025, Ch. 457, Sec. 6. (SB 638) Effective January 1, 2026. Operative June 1, 2026, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53071.1. Source version: id_67ba3c7b-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) Commencing July 1, 2019, as part of the application process, the department shall ask applicants to indicate whether they have received a grant under the K–12 component of the Strong Workforce Program. (b) On or before June 30 of each fiscal year, the department shall work with the office of the Chancellor of the California Community Colleges to produce a list of grant recipients that receive funding under this program as well as through the K–12 component of the Strong Workforce Program in the fiscal year, including the grant amounts awarded through each program and the purpose for which each grant was awarded, and share the list with the California Workforce Pathways Joint Advisory Committee, established pursuant to Section 12053. (Amended by Stats. 2021, Ch. 44, Sec. 81. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53072. Source version: id_0cc3d8c6-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) A grant recipient under this chapter may consist of one or more, or any combination, of the following: (1) School districts. (2) County offices of education. (3) Charter schools. (4) Regional occupational centers or programs operated by joint powers authorities or county offices of education, provided that the application has the written consent of each participating local educational agency. (b) This section shall become inoperative on June 1, 2026, and, as of January 1, 2027, is repealed. (Amended by Stats. 2025, Ch. 457, Sec. 7. (SB 638) Effective January 1, 2026. Inoperative June 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 8 of Stats. 2025, Ch. 457.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53072. Source version: id_61eabc16-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) A grant recipient under this chapter may, consistent with subdivision (b), consist of one or more, or any combination, of the following: (1) School districts. (2) County offices of education. (3) Charter schools. (4) Regional occupational centers or programs operated by joint powers authorities or county offices of education, provided that the application has the written consent of each participating local educational agency. (b) Successful applicants shall demonstrate a holistic approach to providing career technical education and career pathways, including by demonstrating involvement of employers, providing wraparound services for pupils, aligning proposed programs and services with current or projected labor market demand within the applicant’s region, and providing a clear explanation of how a receipt of a grant will provide programs and services related to career technical education and career pathways. (c) This section shall become operative on June 1, 2026. (Repealed (in Sec. 7) and added by Stats. 2025, Ch. 457, Sec. 8. (SB 638) Effective January 1, 2026. Operative June 1, 2026, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53073. Source version: id_6bbf981d-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) An applicant receiving a grant from this program in a prior fiscal year shall be eligible to apply to receive a renewal grant if the applicant’s career technical education program meets the requirements specified in Section 53071, and, to the extent practicable, has been evaluated and deemed successful by the Superintendent, in collaboration with the executive director of the state board, based on the metrics specified in paragraph (1) of subdivision (b). (b) (1) The department, in collaboration with the executive director of the state board, shall determine reporting requirements and renewal grant eligibility using metrics identified pursuant to paragraph (11) of subdivision (c) of Section 53071. (2) If an applicant for a renewal grant is subject to the requirements of Sections 52060 and 52061, Sections 52066 and 52067, or Section 47606.5, the inclusion of career technical education programs in the applicant’s local control and accountability plan and annual update shall be required to be eligible for a renewal grant. (Amended by Stats. 2021, Ch. 44, Sec. 82. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53074. Source version: id_11266f98-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= The department shall consult with the executive director of the state board and entities having career technical education expertise, including, but not limited to, the California Education Interagency Council established pursuant to Section 11902 of the Government Code, state workforce investment organizations, and organizations representing business in the development of the request for grant applications and in the consideration of grant applications under this chapter. The department shall annually submit its list of recommended new and renewal grant recipients to the state board for review and approval before making annual grant awards. At least 30 days before submitting the list of recommended new and renewal grant recipients to the state board for review and approval, the department shall make the information specified in subdivision (a) of Section 53076 public. (Amended by Stats. 2025, Ch. 457, Sec. 9. (SB 638) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53075. Source version: id_154127fa-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) When determining proposed grant recipients, the department, in consultation with the executive director of the state board, shall do both of the following: (1) Give positive consideration to each of the following characteristics in an applicant: (A) Serving unduplicated pupils, as defined in Section 42238.02. (B) Serving pupil subgroups that have higher than average dropout rates as identified by the Superintendent. (C) Located in an area of the state with a high unemployment rate. (D) Offer an existing high-quality regional-based career technical education program as a joint powers agency or county office of education. (2) Give positive consideration to programs to the extent they do any of the following: (A) Successfully leverage one or both of the following: (i) Existing structures, requirements, and resources of the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V) (Public Law 115-224), California Partnership Academies, or Agricultural Career Technical Education Incentive Grants. (ii) Contributions from industry, labor, and philanthropic sources. (B) Engage in regional collaboration with postsecondary educational institutions, including the Strong Workforce Program consortium operating in their respective geographic areas, or other local educational agencies to align career pathway instruction with postsecondary program requirements. This shall include, but not be limited to, pathway programs provided under an adopted College and Career Access Pathways partnership agreement pursuant to Section 76004. (C) Make significant investment in career technical education infrastructure, equipment, and facilities. (D) Operate within rural school districts. (b) When determining grant recipients, the department, in consultation with the executive director of the state board, shall give greatest weight to the applicant characteristics included in paragraph (1) of subdivision (a). (c) Grant recipients are encouraged to use funds provided for in subdivision (d) of Section 53070 to create high school programs that provide career-themed coursework with articulated pathways to postsecondary education, including programs established through a College and Career Access Pathways partnership agreement pursuant to Section 76004, and to develop pathway programs that lead into careers that are in high demand in the state. (d) This section shall become inoperative on June 1, 2026, and, as of January 1, 2027, is repealed. (Amended by Stats. 2025, Ch. 457, Sec. 10. (SB 638) Effective January 1, 2026. Inoperative June 1, 2026, by its own provisions. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 11 of Stats. 2025, Ch. 457.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53075. Source version: id_665df4b8-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= (a) When determining proposed grant recipients, the department, in consultation with the executive director of the state board, shall do both of the following: (1) Give positive consideration to each of the following characteristics in an applicant: (A) Serving unduplicated pupils, as defined in Section 42238.02. (B) Serving pupil subgroups that have higher than average dropout rates as identified by the Superintendent. (C) (i) Located in an area of the state with a high unemployment rate or a high poverty rate. (ii) For purposes of clause (i), the following definitions apply: (I) “High unemployment rate” means a city or county, or a city and county, within California, with an unemployment rate of at least 150 percent of the California statewide unemployment rate pursuant to the most recently updated data from the Employment Development Department. (II) “High poverty rate” means a city or county, or a city and county, within California, with a poverty rate of at least 150 percent of the California statewide poverty rate pursuant to the most recently updated data available from the United States Census Bureau’s American Community Survey five-year estimates. (D) Offer an existing high-quality regional-based career technical education program as a joint powers agency or county office of education. (2) Give positive consideration to programs to the extent they do any of the following: (A) Successfully leverage one or both of the following: (i) Existing structures, requirements, and resources of the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V) (Public Law 115-224), California Partnership Academies, Agricultural Career Technical Education Incentive Grants, the Golden State Pathways Program, or the California Regional K-16 Education Collaboratives Grant Program. (ii) Contributions from industry, labor, and philanthropic sources. (B) Engage in regional collaboration with postsecondary educational institutions, including the Strong Workforce Program consortium operating in their respective geographic areas, or other local educational agencies to align career pathway instruction with postsecondary program requirements. This shall include, but not be limited to, pathway programs provided under an adopted College and Career Access Pathways partnership agreement pursuant to Section 76004. (C) Make significant investment in career technical education infrastructure, equipment, and facilities. (D) Operate within rural school districts. (b) When determining grant recipients, the department, in consultation with the executive director of the state board, shall give greatest weight to the applicant characteristics included in paragraph (1) of subdivision (a). (c) Grant recipients are encouraged to use funds provided for in subdivision (d) of Section 53070 to create high school programs that provide career-themed coursework with articulated pathways to postsecondary education, including programs established through a College and Career Access Pathways partnership agreement pursuant to Section 76004, and to develop pathway programs that lead into careers that are in high demand in the state, including, but not limited to, green technology, health care, information technology, education, and artificial intelligence. (d) This section shall become operative on June 1, 2026. (Repealed (in Sec. 10) and added by Stats. 2025, Ch. 457, Sec. 11. (SB 638) Effective January 1, 2026. Operative June 1, 2026, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53076. Source version: id_77d639b3-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= For purposes of administering the program established by this chapter, the Superintendent shall do all of the following: (a) Determine, in collaboration with the executive director of the state board, and make public on a preliminary basis at least 30 days before a regularly scheduled meeting of the state board, the allocation formula, specific funding amounts, the purposes for which grant funds may be used, allowable and nonallowable expenditures, and the number of grants to be awarded. The information specified in this subdivision shall also be provided in writing to the appropriate policy and fiscal committees of the Legislature, the Department of Finance, and the Governor within 30 days following final approval of the state board. (b) Distribute funding on a multiyear schedule, establish a process for monitoring the use of the funding, and, if necessary, cease distribution of funding and recover previously distributed funding in the case of a recipient’s failure to report the specified data to the Superintendent or comply with a grant prerequisite or minimum standard. (c) Annually review grant recipients’ expenditures on career technical education programs for purposes of determining if the grant recipients have met the dollar-for-dollar match requirement specified in subdivision (a) of Section 53071. If, pursuant to Section 53076.1, an auditor determines that a grant recipient failed to meet the matching funds requirement, the Superintendent shall reduce the following year’s grant allocation in an amount equal to the unmet portion of the match requirement, if applicable. The reduction shall not reduce the grant recipient’s match requirement for the year in which the Superintendent reduces the allocation. If a grant recipient with an audit finding pursuant to Section 53076.1 does not have an allocation in the subsequent year to reduce, the department shall require the recipient to return the unmatched funds identified in the audit finding. (d) Require grant recipients to submit program reports pursuant to paragraph (11) of subdivision (c) of Section 53071. (e) Manage the grant process, collect pertinent data, and undertake statewide program improvement activities. (f) Promote the success of K–12 career technical education programs through statewide activities to improve and administer the program, including by facilitating system, program, and data alignment at the state and regional levels, facilitating the development and delivery of professional development training modules, and supporting school districts in meeting their college indicator and career indicator targets. (g) Ensure that the department fulfills the reporting requirements in Section 53076.5. (Amended by Stats. 2021, Ch. 44, Sec. 85. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53076.1. Source version: id_aa82c8e1-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= The Controller shall include instructions in the audit guide required by Section 14502.1 that include procedures for determining that a grant recipient has met the proportional dollar-for-dollar match requirements specified in subdivision (a) of Section 53071. The processes identified in subdivision (d) of Section 41344 or subdivision (d) of Section 41344.1 shall not apply to this audit procedure. (Amended by Stats. 2023, Ch. 131, Sec. 42. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53076.2. Source version: id_7bdd4305-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= On or before January 31, 2024, and on or before January 31 every five years thereafter, the department shall submit to the Department of Finance, the Governor, and the appropriate policy and fiscal committees of the Legislature a report evaluating the progress that local educational agencies have made, pursuant to Section 88828 and this chapter, with respect to all of the following: (a) Expanding the availability, and supporting the ongoing provision, of high-quality, industry-valued career technical education and workforce development opportunities. (b) Improving coordination and alignment with postsecondary educational institutions and workforce agencies and programs. (c) Closing equity gaps in program access and completion, to the extent possible. (Amended by Stats. 2021, Ch. 44, Sec. 87. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 16.5. California Career Technical Education Incentive Grant Program [53070 - 53076.4] SECTION 53076.4. Source version: id_71b3dfe6-815f-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=16.5.&article= For purposes of the program established by this chapter, the K–12 Workforce Pathway Coordinators and the K–14 Technical Assistance Providers established pursuant to Section 88833 shall provide technical assistance and support to recipients of grants pursuant to this chapter in implementing career technical education courses, programs, and pathways consistent with the duties outlined in Section 88833. (Added by Stats. 2018, Ch. 32, Sec. 86. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 17.5. California Career Resource Network [53086- 53086.] SECTION 53086. Source version: id_40794a30-ca15-11e1-9cdf-99ae97e409bf Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=17.5.&article= (a) There is in the department the California Career Resource Network Program, formerly called the California Occupational Information Coordinating Committee. This program is established for the purposes of Section 2328 of Title 20 of the United States Code, for the purposes of this article, and for other purposes authorized by the Legislature. (b) The mission of the program is to provide all persons in California with career development information and resources to enable them to reach their career goals. (c) The primary duty of the program is to distribute career information, resources, and training materials to middle school and high school counselors, educators, and administrators, in order to ensure that middle schools and high schools have the necessary information available to provide a pupil with guidance and instruction on education and job requirements necessary for career development. (d) Information and resources distributed by the program shall provide all of the following: (1) Encouragement to completing a secondary education. (2) Career exploration tools, provided in written and multimedia format, that offer an introduction to the nature of career planning, self-assessment, methods of investigating the work world, methods of identifying and meeting education and training needs, and methods of creating a career action plan. (3) Relevant information on the labor market and career opportunities. (4) Assistance to a pupil in the acquisition and development of career competencies including the appropriate skills, attitudes, and knowledge to allow a pupil to successfully manage his or her career. (e) (1) There is hereby established the State Agency Partners Committee composed of the following members or their designees: (A) The Director of Employment Development. (B) The Superintendent of Public Instruction. (C) The Chancellor of the California Community Colleges. (D) The Director of Rehabilitation. (E) The Director of Social Services. (F) The Executive Director of the California Workforce Investment Board. (G) The Director of the Division of Adult Institutions in the Department of Corrections and Rehabilitation. (H) The Director of the Division of Juvenile Justice in the Department of Corrections and Rehabilitation. (I) The Director of Developmental Services. (2) The State Agency Partners Committee shall coordinate the use of network information and resources in programs that are implemented by the entities that the members of the committee represent. (f) The program shall perform its duties only upon funding provided in the annual Budget Act. (Amended by Stats. 2012, Ch. 41, Sec. 5. (SB 1021) Effective June 27, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 1. General Provisions [53100 - 53103] SECTION 53100. Source version: id_b63602a3-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=1. For the purposes of implementing the federal Race to the Top program established by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5): (a) The Superintendent and the President of the state board may enter into a memorandum of understanding with a local educational agency. (b) Participating local educational agencies shall enter into a memorandum of understanding, with the Superintendent and the President of the state board, that meets the requirements expressed in the Race to the Top guidelines and that is signed by as many as possible of each participating local educational agency’s: (1) Superintendent of schools, or their equivalents. (2) President of the local governing boards, or their equivalents. (3) Leader of any local collective bargaining unit for teachers, if applicable. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 1. General Provisions [53100 - 53103] SECTION 53101. Source version: id_b7550646-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=1. (a) The Governor, the Superintendent, and the state board shall jointly develop a single high-quality plan or multiple plans, in collaboration with participating local educational agencies, as necessary, to submit as part of an application for federal Race to the Top funds, authorized under the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (b) The plan shall include a budget or expenditure plan consistent with the requirements of the Race to the Top program and application. At a minimum, the plan shall address how the Race to the Top program funds and any other applicable federal funds shall be used to provide resources to the low-achieving and persistently lowest-achieving schools as defined in this chapter. These resources may include, but are not necessarily limited to, professional development, technical assistance, and partnering with schools that have successfully transitioned from low- to higher-performing status. (c) It is the intent of the Legislature that funding for local educational agencies be the highest priority in the allocation of Race to the Top program funds. (Amended by Stats. 2012, Ch. 728, Sec. 35. (SB 71) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 1. General Provisions [53100 - 53103] SECTION 53102. Source version: id_b63677d7-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=1. (a) On or before January 1, 2011, the Superintendent shall contract for an independent evaluation of the implementation and impact of the state plan submitted in application for a federal Race to the Top Fund competitive grant award. (b) On or before September 1, 2010, the Superintendent shall convene a working group consisting of staff representing the policy and fiscal committees of both houses of the Legislature, the Legislative Analyst’s Office, the Department of Finance, the Governor, the state board, and the department to do all of the following: (1) Jointly develop the parameters of the evaluation. (2) Make recommendations regarding development of any request for proposals or request for applications used to solicit contract proposals, and regarding the selection of the independent evaluator. (c) The Superintendent shall provide to the Legislature, the Governor, and the state board: (1) An interim evaluation report on or before June 1, 2012. (2) The final evaluation report on or before June 1, 2014. (d) The department shall use federal funds made available from the Race to the Top Fund and detailed in the expenditure plan required pursuant to subdivision (c) of Section 53101 for the purpose of contracting for this evaluation. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 1. General Provisions [53100 - 53103] SECTION 53103. Source version: id_b636c5f9-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=1. The Legislature finds and declares that this act is declaratory of the requirements and definitions specified in the federal guidelines for the federal Race to the Top Fund. It is the intent of the Legislature that, to the extent that the federal guidelines are revised, the state plan or plans also be revised accordingly. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] SECTION 53200. Source version: id_b637141d-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=2. For purposes of this article, the following definitions apply: (a) “Low-achieving school” means a school described in subdivision (a) of Section 53201. (b) “Persistently lowest-achieving school” means a school identified pursuant to subdivisions (a) to (f), inclusive, of Section 53201. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] SECTION 53201. Source version: id_b6373b2f-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=2. The Superintendent and the state board shall establish a list of schools according to the following: (a) Identify any Title 1 school in improvement, corrective action, or restructuring. (b) Identify the lowest 5 percent of the schools in subdivision (a) as measured by the academic achievement of all pupils in a school in terms of proficiency on the state’s assessment under Section 1111(b)(3) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) in reading/language arts and mathematics, combined pursuant to subdivision (h). (c) Identify any secondary school that is eligible for, but that does not receive, Title I funds and is in the lowest 5 percent of secondary schools as measured by the academic achievement of all pupils in a school in terms of proficiency on the state’s assessment under Section 1111(b)(3) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) in reading/language arts and mathematics, combined pursuant to subdivision (h). (d) Add to the schools identified pursuant to subdivisions (a) to (c), inclusive, any high school that has had a graduation rate, as defined in Section 200.19(b) of Title 34 of the Code of Federal regulations, that is less than 60 percent in each of the previous three years. (e) To the extent allowable under federal law, exclude from the schools identified pursuant to subdivisions (a) to (d), inclusive, a school that meets any of the following, except as provided in subdivision (f): (1) The school is a county community school operated pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 of Division 1 of Title 1. (2) The school is a juvenile court school operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (3) The school provides educational services exclusively to individuals with exceptional needs as defined in Section 56026. (4) The school has experienced academic growth of at least 50 points over the previous five years as measured by the Academic Performance Index, using the most recent data available. (f) Notwithstanding subdivision (e), a school that meets any of the criteria in subdivision (e) shall not be excluded from the schools identified pursuant to subdivisions (a) to (d), inclusive, if both the Superintendent and the state board find cause not to exclude the school. (g) To the extent allowable under federal law, a community day school, operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27, may be excluded from the schools identified pursuant to subdivisions (a) to (d), inclusive, if both the Superintendent and the state board find cause to exclude the school. (h) For the purposes of identifying the lowest 5 percent of the schools pursuant to subdivisions (b) and (c), the Superintendent and the state board may use a methodology consistent with the methodology used to calculate the Academic Performance Index in order to create composite results across content areas and grade levels in reading/language arts and mathematics pursuant to subdivisions (b) and (c), unless the Superintendent and the state board develop a more appropriate methodology to meet the requirements of subdivisions (b) and (c). (i) Prior to the implementation of subdivision (h), the Superintendent and the state board shall notify the appropriate policy and fiscal committees of the Legislature. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] SECTION 53201.5. Source version: id_b637b061-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=2. The Superintendent shall notify the governing board of a school district, county superintendent of schools, or the governing body of a charter school or its equivalent, that one or more of the schools in its jurisdiction have been identified as a persistently lowest-achieving school. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 2. Intervening in the Persistently Lowest-Achieving Schools [53200 - 53202] SECTION 53202. Source version: id_b637d773-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=2. (a) For purposes of implementing the federal Race to the Top program established by Sections 14005 and 14006 of Title XIV of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the governing board of a school district, county superintendent of schools, or the governing body of a charter school or its equivalent, shall implement, for any school identified by the Superintendent as persistently lowest-achieving pursuant to subdivision (b) of Section 53200, unless the Superintendent and the state board determines, to the extent allowable under federal law, that the school has implemented a reform within the last two years that conforms to the requirements of the interventions required by the Race to the Top program and is showing significant progress, one of the following four interventions for turning around persistently lowest-achieving schools described in Appendix C of the Notice of Final Priorities, Requirements, Definitions, Selection Criteria for the Race to the Top program published in Volume 74 of Number 221 of the Federal Register on November 18, 2009: (1) The turnaround model. (2) The restart model. (3) School closure. (4) The transformation model. (b) Prior to the governing board meeting to select one of the four interventions described in subdivision (a), the governing board of a school district, county superintendent of schools, or the governing body of a charter school or its equivalent, with one or more persistently lowest-achieving schools shall hold at least two public hearings to notify staff, parents, and the community of the designation and to seek input from staff, parents, and the community regarding the option or options most suitable for the applicable school or schools in its jurisdiction. At least one of those public hearings shall be held at a regularly scheduled meeting, if applicable, and at least one of the public hearings shall be held on the site of a school deemed persistently lowest-achieving. (c) In addition to meeting the requirements specified in Appendix C of the Notice of Final Priorities, Requirements, Definitions, Selection Criteria for the Race to the Top program published in Volume 74 of Number 221 of the Federal Register on November 18, 2009, a persistently lowest-achieving school implementing the turnaround or transformation model may participate in a school-to-school partnership program by working with a mentor school that has successfully transitioned from a low-achieving school to a higher-achieving school. (1) For purposes of this article, a mentor school is a school that meets either of the following: (A) The school has exited Program Improvement pursuant to the No Child Left Behind Act. (B) The school has increased, in the statewide rankings based on the Academic Performance Index, by two or more deciles over the last five years, using the most recent data available. (2) The principal and, at the discretion of the principal, the staff of a mentor school shall provide guidance to a persistently lowest-achieving school to develop a reform plan for the school using the required elements of the turnaround or transformation model, and provide guidance and advice on how the mentor school was able to transform the culture of the school from low-achieving to higher-achieving and how that transformation could be replicated at the school implementing a turnaround or transformation model. (3) To the extent that federal funds are made available for this purpose pursuant to subdivision (c) of Section 53101, the mentor school shall receive funds for serving as a mentor school. As a condition for receipt of funds, the principal, and at the principal’s discretion, the staff, of a mentor school shall meet regularly with the assigned persistently lowest-achieving school for a period of at least three years. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 8. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 3. Parent Empowerment [53300 - 53303] SECTION 53300. Source version: id_d2c6f019-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=3. For any school not identified as a persistently lowest-achieving school under Section 53201 which, after one full school year, is subject to corrective action pursuant to paragraph (7) of Section 1116(b) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) and continues to fail to make adequate yearly progress, and has an Academic Performance Index score of less than 800, and where at least one-half of the parents or legal guardians of pupils attending the school, or a combination of at least one-half of the parents or legal guardians of pupils attending the school and the elementary or middle schools that normally matriculate into a middle or high school, as applicable, sign a petition requesting the local educational agency to implement one or more of the four interventions identified pursuant to paragraphs (1) to (4), inclusive of subdivision (a) of Section 53202 or the federally mandated alternative governance arrangement pursuant to Section 1116(b)(8)(B)(v) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.), the local educational agency shall implement the option requested by the parents unless, in a regularly scheduled public hearing, the local educational agency makes a finding in writing stating the reason it cannot implement the specific recommended option and instead designates in writing which of the other options described in this section it will implement in the subsequent school year consistent with requirements specified in federal regulations and guidelines for schools subject to restructuring under Section 1116(b)(8) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) and regulations and guidelines for the four interventions. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 3. Parent Empowerment [53300 - 53303] SECTION 53301. Source version: id_d2c73e3b-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=3. (a) The local educational agency shall notify the Superintendent and the state board upon receipt of a petition under Section 53300 and upon its final disposition of that petition. (b) If the local educational agency indicates in writing that it will implement in the upcoming school year a different alternative governance arrangement than requested by the parents, the local educational agency shall notify the Superintendent and the state board that the alternative governance option selected has substantial promise of enabling the school to make adequate yearly progress as defined in the federally mandated state plan under Section 1111(b)(2) of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.). (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 3. Parent Empowerment [53300 - 53303] SECTION 53302. Source version: id_eeb2514f-0c97-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=3. (a) No more than 75 schools shall be subject to a petition authorized by this article. (b) A petition shall be counted toward this limit upon the Superintendent and state board receiving notice from the local educational agency of its final disposition of the petition. (Amended by Stats. 2019, Ch. 497, Sec. 73. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 18. Race to the Top [53100 - 53303] ARTICLE 3. Parent Empowerment [53300 - 53303] SECTION 53303. Source version: id_d2c78c5f-479b-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=18.&article=3. A local educational agency shall not be required to implement the option requested by the parent petition if the request is for reasons other than improving academic achievement or pupil safety. (Added by Stats. 2010, 5th Ex. Sess., Ch. 3, Sec. 2. (SB 4 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 1. General Provisions [51200 - 51206.4] SECTION 51200. Source version: id_d78deaa5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=1. Except as otherwise provided, the provisions contained in this chapter are the requirements for courses of study in grades 1 through 12. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 1. General Provisions [51200 - 51206.4] SECTION 51202. Source version: id_d78deaa7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=1. The adopted course of study shall provide instruction at the appropriate elementary and secondary grade levels and subject areas in personal and public safety and accident prevention, including emergency first aid instruction, instruction in hemorrhage control, treatment for poisoning, resuscitation techniques, and cardiopulmonary resuscitation when appropriate equipment is available; fire prevention; the protection and conservation of resources, including the necessity for the protection of our environment; and health, including venereal disease and the effects of alcohol, narcotics, drugs, and tobacco upon the human body. The health instruction may include prenatal care for pregnant women and violence as a public health issue. (Amended by Stats. 1992, Ch. 1065, Sec. 2. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 1. General Provisions [51200 - 51206.4] SECTION 51203. Source version: id_7236433a-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=1. (a) Instruction upon the nature of alcohol, narcotics, restricted dangerous drugs as defined in Section 11032 of the Health and Safety Code, and other dangerous substances and their effects upon the human system as determined by science shall be included in the curriculum of all elementary and secondary schools. (b) Instruction on the effects of alcohol, narcotics, restricted dangerous drugs as defined in Section 11032 of the Health and Safety Code, and other dangerous substances upon prenatal development as determined by science shall be included in the curriculum of all secondary schools. (c) Instruction on the nature and effects of alcohol pursuant to this section shall include information about excessive alcohol use and the short-term and long-term health risks of excessive alcohol use. This instruction shall include information about excessive drinking, the immediate effects of alcohol that increase the risks of harmful health conditions, and how excessive alcohol use can lead to the development of chronic diseases and other serious problems, including alcohol-related deaths and mental health problems. The instruction about mental health problems may include instruction about depression and anxiety. (d) The governing board of the school district shall adopt regulations specifying the grade or grades and the course or courses in which the instruction with respect to alcohol, narcotics, restricted dangerous drugs as defined in Section 11032 of the Health and Safety Code, and other dangerous substances shall be included. (e) All persons responsible for the preparation or enforcement of courses of study shall provide for instruction on the subjects of alcohol, narcotics, restricted dangerous drugs as defined in Section 11032 of the Health and Safety Code, and other dangerous substances. (Amended by Stats. 2024, Ch. 314, Sec. 1. (AB 2865) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 1. General Provisions [51200 - 51206.4] SECTION 51204. Source version: id_d78deaab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=1. Any course of study adopted pursuant to this division shall be designed to fit the needs of the pupils for which the course of study is prescribed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 1. General Provisions [51200 - 51206.4] SECTION 51204.5. Source version: id_7e37a2d4-5c92-11ee-8099-c71447addb82 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=1. Instruction in social sciences shall include the early history of California and a study of the role and contributions of people of all genders, Native Americans, African Americans, Latino Americans, Asian Americans, Pacific Islanders, European Americans, LGBTQ+ Americans, persons with disabilities, and members of other ethnic, cultural, religious, and socioeconomic status groups, to the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society. (Amended by Stats. 2023, Ch. 229, Sec. 7. (AB 1078) Effective September 25, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 1. General Provisions [51200 - 51206.4] SECTION 51205. Source version: id_d78f714f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=1. Pupils enrolled in a year-round school pursuant to Part 22 (commencing with Section 37000) shall have access, as necessary, to an equal educational opportunity as provided during summer school to pupils enrolled in regular school year programs. (Added by Stats. 1980, Ch. 1334, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 1. General Provisions [51200 - 51206.4] SECTION 51206. Source version: id_d78f7151-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=1. The Legislature hereby finds and declares that the physical fitness and motor development of children in the public elementary schools is of equal importance to that of other elements of the curriculum. The Legislature further finds that, in order to improve the level of physical education in the elementary grades, the Superintendent of Public Instruction shall, through the regular budget process, employ an elementary physical education specialist to develop model curriculum standards in physical education for grades 1 to 8, inclusive, provide technical assistance to teachers, and assist school districts in the development of their physical education programs. (Added by Stats. 1985, Ch. 1590, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 1. General Provisions [51200 - 51206.4] SECTION 51206.4. Source version: id_9efb7c1d-fcbd-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=1. (a) For purposes of this section, the following terms have the following meanings: (1) “Digital citizenship” means a diverse set of skills related to current technology and social media, including the norms of appropriate, responsible, and healthy behavior. (2) “Media literacy” means the ability to access, analyze, evaluate, and use media and encompasses the foundational skills that lead to digital citizenship. (b) On or before July 1, 2019, the department shall make available to school districts on its Internet Web site a list of resources and instructional materials on media literacy, including media literacy professional development programs for teachers. (Added by Stats. 2018, Ch. 448, Sec. 2. (SB 830) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 2. Course of Study, Grades 1 to 6 [51210 - 51212] SECTION 51210. Source version: id_7c3c554c-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=2. (a) The adopted course of study for grades 1 to 6, inclusive, shall include instruction, beginning in grade 1 and continuing through grade 6, in the following areas of study: (1) English, including knowledge of, and appreciation for, literature and the language, as well as the skills of speaking, reading, listening, spelling, handwriting, including instruction in cursive or joined italics in the appropriate grade levels, and composition. (2) Mathematics, including concepts, operational skills, and problem solving. (3) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; the development of the American economic system, including the role of the entrepreneur and labor; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; contemporary issues; the wise use of natural resources; and the Spanish colonization of California and the Gold Rush Era, including the treatment and perspectives of Native Americans during those periods. (4) Science, including the biological and physical aspects, with emphasis on the processes of experimental inquiry, on the place of humans in ecological systems, on the causes and effects of climate change, and on the methods to mitigate and adapt to climate change. Appropriate coursework including material on the causes and effects of climate change and methods to mitigate and adapt to climate change shall be offered to pupils as soon as possible, commencing no later than the 2024–25 school year. (5) Visual and performing arts, including instruction in the subjects of dance, music, theater, and visual arts, aimed at the development of aesthetic appreciation and the skills of creative expression. (6) Health, including instruction in the principles and practices of individual, family, and community health. (7) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, excluding recesses and the lunch period, except as provided in subdivision (c) of Section 51222. (8) Other studies that the governing board may prescribe. (b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of paragraph (7) of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. (3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. (c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate. (Amended by Stats. 2024, Ch. 658, Sec. 1.5. (AB 1821) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 2. Course of Study, Grades 1 to 6 [51210 - 51212] SECTION 51210.1. Source version: id_d78f7157-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=2. (a) (1) The Legislature finds and declares all of the following: (A) The Education Code currently mandates 200 minutes of physical education every 10 schooldays for pupils in elementary school. Recent studies have shown that the vast majority of children and youth are not physically fit. (B) According to a March 1997 report by the Centers for Disease Control, the percentage of children and adolescents who are overweight has more than doubled in the last 30 years. Most of this increase occurred within the last 10 years. (C) Nearly 40 percent of children of ages five to eight years have health conditions that significantly increase their risk of early heart disease. (D) Some 70 percent of girls, and 40 percent of boys, who are from 6 to 12 years of age do not have enough muscle strength to do more than one pullup. (E) Most children lead inactive lives. On the average, first through fourth graders spend two hours watching television on schooldays and spend close to three and one-half hours watching television on weekend days. (2) It is, therefore, the intent of the Legislature that all children shall have access to a high-quality, comprehensive, and developmentally appropriate physical education program on a regular basis. (b) (1) Each school district selected by the Superintendent of Public Instruction pursuant to paragraph (2) shall report to the Superintendent of Public Instruction in the Coordinated Compliance Review as to the extent of its compliance with subdivision (g) of Section 51210 for grades 1 to 6, inclusive, during that school year. (2) The Superintendent of Public Instruction shall select not less than 10 percent of the school districts of the state to report compliance with the provisions set forth in paragraph (1). The school districts selected shall provide a random and accurate sampling of the state as a whole. (c) For purposes of determining compliance with paragraphs (1) and (2) of subdivision (b), the Superintendent of Public Instruction shall not count the time spent in recesses and the lunch period. (d) A school district that fails to comply with the existing statutory requirements shall issue a corrective action plan to the State Department of Education in accordance with the Coordinated Compliance Review process. (e) This section shall not be applicable to high schools. (Added by renumbering Section 51223.1 by Stats. 2002, Ch. 943, Sec. 4. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 2. Course of Study, Grades 1 to 6 [51210 - 51212] SECTION 51210.2. Source version: id_d790f7f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=2. (a) The Legislature hereby finds and declares that the physical fitness and motor development of children in the public elementary schools is of equal importance to that of other elements of the curriculum. (b) It is, therefore, the intent of the Legislature to encourage each school district maintaining an elementary school composed of any of grades 1 to 6, inclusive, to do one of the following: (1) Employ a credentialed physical education teacher to provide instruction in physical education for each class of grades 1 to 6, inclusive, within any elementary school in the district for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. (2) Provide each teacher providing instruction in physical education to any of grades 1 to 6, inclusive, within any elementary school in the district with yearly theoretical practical training in developmental physical education, as set forth in the Physical Education Framework adopted by the State Department of Education pursuant to Section 33350, except that any teacher who has successfully completed one college level course in elementary physical education shall not be subject to this paragraph. (Added by Stats. 2002, Ch. 943, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 2. Course of Study, Grades 1 to 6 [51210 - 51212] SECTION 51210.3. Source version: id_7cd9e0fe-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=2. (a) The governing board of a school district may designate a credentialed teacher at each elementary school as a science coach, or provide staff development to teachers, in order to accomplish the objectives described in subdivision (b), as determined by the governing board. (b) The designated teacher shall do all of the following: (1) Develop, coordinate, and provide instruction in a science curriculum that incorporates experimentation. The curriculum shall be aligned to the California standards for investigation and experimentation, and be designed to develop all of the following: (A) Understanding of basic scientific facts and principles. (B) Mathematics skills. (C) Reading comprehension. (D) Analytical and intellectual skills required to pose and answer questions. (2) Act as a coach for other teachers at the school in the provision of a science curriculum based on experimentation. (c) This section does not preclude the assignment of duties to a science coach that are not listed in subdivision (b) and relate to developing, coordinating, and providing instruction in a science curriculum that incorporates experimentation. (Added by Stats. 2006, Ch. 549, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 2. Course of Study, Grades 1 to 6 [51210 - 51212] SECTION 51210.4. Source version: id_d790f7fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=2. The State Department of Education shall incorporate nutrition education curriculum content into the health curriculum framework at its next revision. This curriculum shall focus on pupils’ eating behaviors, be based on theories and methods proven effective by published research. Nutrition education shall be designed to help pupils learn all of the following: (a) Nutritional knowledge, including but not limited to, the benefits of healthy eating, essential nutrients, nutritional deficiencies, principles of healthy weight management, the use and misuse of dietary supplements, and safe food preparation, handling, and storage. (b) Nutrition-related skills, including, but not limited to, planning a healthy meal, understanding and using food labels, and critically evaluating nutrition information, misinformation, and commercial food advertising. (c) How to assess their own personal eating habits, set goals for improvement, and achieve those goals by using the Food Guide Pyramid, Dietary Guidelines for Americans, Nutrition Fact Labels, and the Physical Activity Pyramid. (Added by Stats. 2002, Ch. 1163, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 2. Course of Study, Grades 1 to 6 [51210 - 51212] SECTION 51210.5. Source version: id_90393fc6-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=2. The instruction in all areas of study specified in subdivisions (a) to (g), inclusive, of Section 51210 as deemed appropriate by the governing board and consistent with the adopted course of study for each subject area, may include grade-level appropriate instruction on violence awareness and prevention, which may include personal testimony in the form of oral or video histories that illustrate the economic and cultural effects of violence within a city, the state, and the country. (Added by Stats. 2013, Ch. 497, Sec. 1. (SB 552) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 2. Course of Study, Grades 1 to 6 [51210 - 51212] SECTION 51210.8. Source version: id_30b8c7fd-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=2. (a) On or before March 1, 2008, based on recommendations of the Superintendent, the State Board of Education shall adopt content standards in the curriculum area of health education. (b) The content standards shall provide a framework for instruction that a school may offer in the curriculum area of health education. This section does not require a school to follow the content standards. (c) The content standards described in subdivision (a) shall only be developed if sufficient funds from any source are made available for that purpose, including state, federal, or private sources. (Added by Stats. 2005, Ch. 645, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 2. Course of Study, Grades 1 to 6 [51210 - 51212] SECTION 51212. Source version: id_093ae049-fcdf-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=2. It is the intent and purpose of the Legislature to encourage the establishment of programs of instruction in world language, with instruction beginning as early as feasible for each school district. (Amended by Stats. 2018, Ch. 865, Sec. 15. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51220. Source version: id_864f389e-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. The adopted course of study for grades 7 to 12, inclusive, shall offer courses in the following areas of study: (a) English, including knowledge of and appreciation for literature, language, and composition, and the skills of reading, listening, and speaking. (b) (1) Social sciences, drawing upon the disciplines of anthropology, economics, geography, history, political science, psychology, and sociology, designed to fit the maturity of the pupils. Instruction shall provide a foundation for understanding the history, resources, development, and government of California and the United States of America; instruction in our American legal system, the operation of the juvenile and adult criminal justice systems, and the rights and duties of citizens under the criminal and civil law and the State and Federal Constitutions; the development of the American economic system, including the role of the entrepreneur and labor; personal financial literacy; the relations of persons to their human and natural environment; eastern and western cultures and civilizations; human rights issues, with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust, and, to the extent instruction is provided on the Spanish colonization of California or the Gold Rush Era, the treatment and perspectives of Native Americans during those periods; and contemporary issues. (2) For purposes of this subdivision, genocide may include the Armenian Genocide. The “Armenian Genocide” means the torture, starvation, and murder of 1,500,000 Armenians, which included death marches into the Syrian desert, by the rulers of the Ottoman Turkish Empire and the exile of more than 500,000 innocent people during the period from 1915 to 1923, inclusive. (c) World language or languages, beginning not later than grade 7, designed to develop a facility for understanding, speaking, reading, and writing the particular language. (d) Physical education, with emphasis given to physical activities that are conducive to health and to vigor of body and mind, as required by Section 51222. (e) Science, including the physical and biological aspects, with emphasis on basic concepts, theories, and processes of scientific investigation, on the place of humans in ecological systems, on the causes and effects of climate change, on the methods to mitigate and adapt to climate change, and with appropriate applications of the interrelation and interdependence of the sciences. Appropriate coursework including material on the causes and effects of climate change and methods to mitigate and adapt to climate change shall be offered to pupils as soon as possible, commencing no later than the 2024–25 school year. (f) Mathematics, including instruction designed to develop mathematical understandings, operational skills, and insight into problem solving procedures. (g) Visual and performing arts, including dance, music, theater, and visual arts, with emphasis upon development of aesthetic appreciation and the skills of creative expression. (h) Applied arts, including instruction in the areas of consumer education, family and consumer sciences education, industrial arts, general business education, or general agriculture. (i) Career technical education designed and conducted for the purpose of preparing youth for gainful employment in the occupations and in the numbers that are appropriate to the personnel needs of the state and the community served and relevant to the career desires and needs of the pupils. (j) Automobile driver education, designed to develop a knowledge of the Vehicle Code and other laws of this state relating to the operation of motor vehicles, a proper acceptance of personal responsibility in traffic, a true appreciation of the causes, seriousness, and consequences of traffic accidents, and the knowledge and attitudes necessary for the safe operation of motor vehicles. A course in automobile driver education shall include education in the safe operation of motorcycles. (k) Other studies that the governing board may prescribe. (Amended by Stats. 2024, Ch. 810, Sec. 1.5. (AB 1871) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51220.1. Source version: id_d7927ea3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. In addition to the requirements specified in subdivision (j) of Section 51220, automobile driver education shall be designed to develop a knowledge of the dangers involved in consuming alcohol or drugs in connection with the operation of a motor vehicle. (Added by Stats. 1985, Ch. 1455, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51220.2. Source version: id_d7927ea5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) For purposes of subdivision (b) of Section 51220, “instruction in our American legal system, the operation of the juvenile and adult criminal justice systems, and the rights and duties of citizens under the criminal and civil law and the State and Federal Constitutions” may include participation in a teen court or peer court program as described in subdivision (b). (b) A teen court or peer court program shall include each of the following components: (1) Adjudicates nonviolent misdemeanor offenses committed by pupils in which both the defendant and the defendant’s parents agree to participate in the teen court or peer court proceedings and agree to abide by the teen court’s or peer court’s ruling. (2) Uses other pupils as jurors, district attorney, counsel for the defense, bailiff, and court clerk. (3) Operates in cooperation with the court, probation department, district attorney, and public defender. (Added by Stats. 1994, Ch. 607, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51220.3. Source version: id_9382ec88-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. The instruction in all areas of study specified in subdivisions (a) to (j), inclusive, of Section 51220 as deemed appropriate by the governing board and consistent with the adopted course of study for each subject area, may include grade-level appropriate instruction on violence awareness and prevention, which may include personal testimony in the form of oral or video histories that illustrate the economic and cultural effects of violence within a city, the state, and the country. (Added by Stats. 2013, Ch. 497, Sec. 2. (SB 552) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51220.4. Source version: id_a910e8d6-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. For purposes of subdivision (j) of Section 51220, a course in automobile driver education shall include, but is not limited to, both of the following: (a) Education regarding the rights and duties of a motorist as those rights and duties pertain to pedestrians and the rights and duties of pedestrians as those rights and duties pertain to traffic laws and traffic safety. (b) Viewing the Department of Justice’s video on proper conduct during traffic stops created pursuant to Section 1656.1 of the Vehicle Code. (Amended by Stats. 2022, Ch. 332, Sec. 1. (AB 2537) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51220.5. Source version: id_d7927ea9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) The Legislature finds and declares the following: (1) The family is our most fundamental social institution and the means by which we care for, prepare, and train our children to be productive members of society. (2) Social research shows increasingly that the disintegration of the family is a major cause of increased welfare enrollment, child abuse and neglect, juvenile delinquency, and criminal activity. (3) The lack of knowledge of parenting skills and the lack of adequate preparation to assume parental responsibilities are not only major causes of family disintegration, but also contribute substantially to the disastrous consequences of teen pregnancy. (4) Because the state government bears much of the economic and social burden associated with the disintegration of the family in California, the state has a legitimate and vital interest in adequately preparing its residents for parenthood. (b) The Legislature recognizes that the public education system is the most efficient and effective means to educate the populace on a large-scale basis, and intends, therefore, to use the public education system to ensure that each California resident has an opportunity to acquire knowledge of parenting skills prior to becoming a parent. That knowledge should include, at a bare minimum, all of the following: (1) Child development and growth. (2) Effective parenting. (3) Prevention of child abuse. (4) Nutrition. (5) Household finances and budgeting. (6) Personal and family interaction and relations. (7) Methods to promote self-esteem. (8) Effective decisionmaking skills. (9) Family and individual health. (c) Commencing with the 1995–96 fiscal year, the adopted course of study for grade 7 or 8 shall include the equivalent content of a one-semester course in parenting skills and education. All pupils entering grade 7 on or after July 1, 1995, shall be offered that course or its equivalent content during grade 7 or 8, or both. On or before January 1, 1995, the State Department of Education shall supply, to each school district that includes a grade 7 or 8, a sample curriculum suitable either for implementation as a stand-alone one-semester course or for incorporation within identified existing required or optional courses, with content designed to develop a knowledge of topics including, but not limited to, all of the following: (1) Child growth and development. (2) Parental responsibilities. (3) Household budgeting. (4) Child abuse and neglect issues. (5) Personal hygiene. (6) Maintaining healthy relationships. (7) Teen parenting issues. (8) Self-esteem. A district that implements the curriculum set forth in this subdivision in a stand-alone required course may exempt a pupil from the course if the pupil requests the exemption and satisfactorily demonstrates mastery of the course content. The district shall determine the method by which a pupil may demonstrate this mastery. (d) Commencing with the 1993–94 fiscal year, community college districts may offer, to interested individuals, noncredit fee-supported courses in parenting skills and education as described in subdivision (c). (e) This section is not intended to replace existing courses that accomplish the intent of this section. School districts may meet the requirements of this section with existing courses of study offered in any of grades 6 to 9, inclusive, that includes the course contents identified in subdivision (c). When the parenting skills and education curriculum is incorporated within courses other than consumer and home economics courses, these courses are not subject to the curricular standards specified in Section 2 of Chapter 775 of the Statutes of 1989 or in the consumer and home economics education model performance standards and framework. Teachers of courses other than consumer and home economics that incorporate parenting skills and education are not required to meet the qualifications specified for teachers of consumer and home economics. (f) This section shall become operative only if a funding source is identified by the Superintendent of Public Instruction for the purposes of this section on or before January 1, 1995. (g) The Superintendent of Public Instruction shall identify the funding source for this section from existing resources or private resources, or both, that may be available for the purposes of this section. The superintendent shall notify school districts when sufficient funds have been identified and are allocated to cover all costs relating to the operation of this section. (Amended by Stats. 1993, Ch. 637, Sec. 1. Effective January 1, 1994. Section conditionally operative by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51220.6. Source version: id_317931cf-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Notwithstanding any other provision of law, a private school is not required to offer courses in driver education or driver training. (b) This section shall not be construed to require a private school to offer automobile driver education that meets the requirements of this chapter unless the private school requests the Department of Motor Vehicles to issue a certificate of satisfactory completion form. (c) For purposes of subdivision (j) of Section 51220, Section 51220.1, and subparagraph (A) of paragraph (3) of subdivision (a) of Section 12814.6 of the Vehicle Code, the satisfactory completion by a pupil of an Internet-based, correspondence, or other distance-learning course in automobile driver education offered by a private secondary school satisfies the driver education instructional requirements of those provisions and the Department of Motor Vehicles shall issue certificates of satisfactory completion forms if all of the following conditions are met: (1) The private secondary school has a current affidavit or statement on file in compliance with Section 33190. (2) The private secondary school utilizes the Department of Motor Vehicles’ driver education curriculum developed under subdivision (f) of former Section 12814.8 of the Vehicle Code for providing the automobile driver education course, or the private school certifies to the Department of Motor Vehicles that the curriculum used is educationally equivalent to the Department of Motor Vehicles’ curriculum. (3) All certificates issued to a private school by the Department of Motor Vehicles shall remain under the exclusive control of that school. A school shall only issue a certificate to a student who is enrolled in the private school, and has successfully completed a driver education course offered by that school. (4) All course curriculums contain the school name, school address, and telephone number. (5) Internet web pages or CD courses are reasonably secure and protected from unauthorized access, modifications, or extraction of confidential data. (6) Test questions for Internet and CD courses are secured and randomly extracted to safeguard from copying. (Repealed and added by Stats. 2005, Ch. 314, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51221. Source version: id_d794054b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. Instruction required by subdivision (b) of Section 51220 in the area of study of social sciences shall also provide a foundation for understanding the wise use of natural resources. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51221.1. Source version: id_1a413386-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) As used in this section, the following definitions apply: (1) “Collaborative” means the California Teachers Collaborative for Holocaust and Genocide Education. (2) “Genocide” means, as defined by the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group: (A) Killing members of the group. (B) Causing serious bodily or mental harm to members of the group. (C) Deliberately inflicting on the group conditions of life calculated to bring about, in whole or in part, its physical destruction. (D) Imposing measures intended to prevent births within the group. (E) Forcibly transferring children of the group to another group. (3) “Holocaust,” as described by the United States Holocaust Memorial Museum, was the systematic, bureaucratic, state-sponsored persecution and murder of 6,000,000 European Jews by the Nazi regime and its allies and collaborators; the Nazis also targeted other groups for persecution and murder, including Roma, people with disabilities, some Slavic peoples, especially Poles and Russians, Black people, communists, socialists, Jehovah’s Witnesses, gay men, and people the Nazis called “asocials” and “professional criminals.” (b) The California Teachers Collaborative for Holocaust and Genocide Education is hereby established. The collaborative shall be responsible for establishing a statewide teacher professional development program on genocide, including the Holocaust, for school district, county office of education, and charter school teachers. (c) The collaborative shall consist of leading genocide and Holocaust education organizations and institutions, genocide survivors, educators, and community leaders. (d) The collaborative’s mission is to ensure that genocide, including Holocaust, education is taught consistent with the current content standards, curriculum frameworks, and instructional materials adopted by the state board, and any other requirements of this code, including, but not limited to, Sections 51204.5 and 60040, in ways that are interdisciplinary and age-appropriate to pupils of different grade levels. (e) In addition to focusing on education regarding the Holocaust and other genocides, including, but not limited to, those of the Armenian, Bosnian, Cambodian, Guatemalan, Indigenous American, Rwandan, and Uyghur peoples, the collaborative shall focus on education to identify and confront antisemitism and hate in modern society. (f) The duties of the collaborative shall include, but are not limited to, both of the following: (1) Developing and providing curriculum resources on genocide and Holocaust education. (2) Providing a statewide teacher professional development program on genocide and Holocaust education. (g) Subject to available funding, the collaborative duties may include all of the following: (1) Distributing grants to genocide and Holocaust education organizations and institutions to provide teacher training programs, and developing innovative academic standards-based curricula and digital tools, consistent with the purposes of this section. (2) Creating a robust digital library of lesson plans and resources on genocide, including Holocaust, education that align with the academic standards, distributing these lesson plans to school districts, county offices of education, and charter schools statewide, and supporting teachers with the successful implementation of the lesson plans through workshops, conferences, and digital tools. (3) Organizing statewide and regional workshops, and providing participating teachers with transportation and accommodation. (4) Launching and maintaining an internet website that serves as a central hub for sharing the latest educational resources, including curricula and other materials, and best practices on genocide education to provide access to all California teachers of pupils in any of grades 6 to 12, inclusive, and increasing the use of high-quality resources, in school districts, county offices of education, and charter schools. (5) Evaluating the implementation and administration of this section annually to assess whether teaching about genocide, including the Holocaust, has improved, and whether the mission of the collaborative, as described in subdivision (d), has been met. (6) Providing, as determined by the department, annual verbal or written reports to the department and the Legislature, pursuant to Section 9795 of the Government Code, on the collaborative’s achievement of its mission, as described in subdivision (d). (h) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. (Added by Stats. 2024, Ch. 890, Sec. 2. (SB 1277) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51221.2. Source version: id_ac605e8a-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) (1) The department shall issue a notice to all local educational agencies serving pupils in any of grades 7 to 12, inclusive, clarifying that social science instruction provided pursuant to subdivision (b) of Section 51220 is designed to provide a foundation for the understanding of human rights issues with particular attention to the study of the inhumanity of genocide, slavery, and the Holocaust. In furtherance of this instruction, the notice shall advise these local educational agencies of all of the following: (A) Holocaust and genocide education are part of the adopted History-Social Science Content Standards and Framework adopted by the state board. (B) The History-Social Science Framework adopted by the state board provides information about instruction on the Holocaust and genocide. (2) The department shall include, within the notice described in paragraph (1), information about the existing resources available to support local educational agencies and teachers in the instruction of Holocaust and genocide education. (3) The department is authorized to issue a survey to local educational agencies, no more than two years after these local educational agencies are issued the notice described in paragraph (1), on the status of Holocaust and genocide instruction at their schools. (b) (1) The Holocaust and Genocide Education Grant Program is hereby established and shall be administered by the California Teachers Collaborative for Holocaust and Genocide Education to provide direct allocations to local educational agencies for the purposes of providing Holocaust and genocide education and professional development on Holocaust and genocide education. (2) Grants provided under the grant program shall be used to provide resources and opportunities related to Holocaust and genocide education, which may include, but are not limited to, any of the following: (A) Providing instructional resources on topics about the Holocaust and genocide. (B) Hosting an event or an organization at a schoolsite maintained by the local educational agency for purposes related to Holocaust or genocide education. (C) Financing teacher attendance at professional development opportunities focused on Holocaust and genocide education. (D) Hiring substitute teachers to support teacher attendance at professional development opportunities focused on Holocaust and genocide education. (E) Financing staff time to plan and facilitate local educational agency or school-based programs related to Holocaust and genocide education. (F) Financing transportation to events and educational opportunities related to Holocaust and genocide education. (3) The California Teachers Collaborative for Holocaust and Genocide Education shall adopt policies and guidelines for the grant program, which shall include, but not be limited to, programmatic details, application criteria and deadlines, and reporting requirements on how allocations were spent. The California Teachers Collaborative for Holocaust and Genocide Education shall consult with the department in developing the policies and guidelines. (c) The Holocaust and Genocide Education Grant Program Fund is hereby established in the State Treasury. Upon appropriation by the Legislature, moneys in the fund shall be directed to the Marin County Office of Education for distribution to the California Teachers Collaborative for Holocaust and Genocide Education. The California Teachers Collaborative for Holocaust and Genocide Education shall use these moneys for administering and implementing the grant program established pursuant to subdivision (b). (d) The California Teachers Collaborative for Holocaust and Genocide Education shall provide, as determined by the department, annual written reports to the department and the Legislature, pursuant to Section 9795 of the Government Code, on the administration of the grant program established pursuant to subdivision (b). (e) For purposes of this section, the following definitions apply: (1) “California Teachers Collaborative for Holocaust and Genocide Education” means the collaborative established in Section 51221.1. (2) “Genocide” has the same meaning as defined in Section 51221.1. (3) “Holocaust” has the same meaning as defined in Section 51221.1. (4) “Local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2026, Ch. 65, Sec. 101. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51221.3. Source version: id_5b00b3c4-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Instruction in the area of social sciences, as required pursuant to subdivision (b) of Section 51220, may include instruction on World War II and the American role in that war. The Legislature encourages this instruction to include, but not be limited to, a component drawn from personal testimony, especially in the form of oral or video histories, if available, of American soldiers who were involved in World War II and those men and women who contributed to the war effort on the homefront. The oral histories used as part of the instruction regarding World War II shall exemplify the personal sacrifice and courage of the wide range of ordinary citizens who were called upon to participate. The oral histories shall contain the views and comments of their subjects regarding the reasons for American participation in World War II and the actions taken to end the war in the Pacific. These oral histories shall also solicit comments from their subjects regarding the aftermath of World War II in Eastern Europe and the former Soviet Union. (b) The Legislature finds and declares that the current state-adopted academic content standards already include instruction on the Korean War and the Vietnam War in the appropriate grade level consistent with those standards. The Legislature encourages that this instruction include a component drawn from personal testimony, especially in the form of oral or video histories, if available, of American soldiers who were involved in those wars. (c) (1) The Legislature encourages the instruction required pursuant to subdivision (b) of Section 51220 to include instruction on World War II and the role of Filipinos in that war, consisting of an accurate history of the contributions of the Filipino American veterans who fought courageously in the United States Army for freedom and democracy in World War II under the leadership of General Douglas MacArthur. (2) The Legislature encourages the instruction described in paragraph (1) to include a component drawn from personal testimony, especially in the form of oral or video histories of Filipinos who were involved in World War II and those men and women who contributed to the war effort on the homefront. The oral histories used as a part of the instruction regarding the role of Filipinos in World War II are encouraged to do all of the following: (A) Exemplify the personal sacrifice and courage of the wide range of ordinary citizens who were called upon to participate and to provide intelligence for the United States. (B) Contain the views and comments of their subjects regarding the reasons for their participation in World War II. (C) Solicit comments from their subjects regarding the aftermath of World War II and the immigration of Filipinos to the United States. (d) (1) Instruction in the area of social sciences, as required pursuant to subdivision (b) of Section 51220, may include instruction on the Bracero program. (2) The instruction described in paragraph (1) may include a component drawn from personal testimony, especially in the form of oral or video histories of individuals who were involved with the Bracero program. Oral histories used as part of the instruction regarding the Bracero program may do all of the following: (A) Exemplify the economic and cultural effects of the Bracero program during and after World War II, including, but not limited to, its effects on the railroad system, agriculture, and immigration in California and the United States of America. (B) Contain the views and comments of their subjects regarding the reasons for their participation in the Bracero program and their immigrant story, generally. (3) This subdivision shall be carried out in a manner that does not result in new duties or programs being imposed on a school district. In that regard, the Legislature finds and declares that this subdivision does not mandate costs to local agencies or school districts and that materials used to comply with this subdivision shall be part of normal curriculum materials purchased by school districts in their normal course of business and purchasing cycles. (Amended by Stats. 2012, Ch. 211, Sec. 1. (SB 993) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51221.4. Source version: id_d0f8d8ca-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) The Legislature encourages instruction in the area of social sciences, as required pursuant to subdivision (b) of Section 51220, which may include instruction on the Vietnam war including the “Secret War” in Laos and the role of Southeast Asians in that war. The Legislature encourages that this instruction include, but not be limited to, a component drawn from personal testimony, especially in the form of oral or video history of Southeast Asians who were involved in the Vietnam war and those men and women who contributed to the war effort on the homefront. The oral histories used as a part of the instruction regarding the role of Southeast Asians in the Vietnam war and the “Secret War” in Laos shall exemplify the personal sacrifice and courage of the wide range of ordinary citizens who were called upon to participate and provide intelligence for the United States. The oral histories shall contain the views and comments of their subjects regarding the reasons for their participation in the war. These oral histories shall also solicit comments from their subjects regarding the aftermath of the war and the immigration of Southeast Asians to the United States. (b) This section shall be carried out in a manner that does not result in any new duties or programs being imposed on the school district. In that regard, the Legislature finds and declares that this section does not mandate costs to local agencies or school districts and that materials used to comply with this section shall be part of normal curriculum materials purchased by school districts in their normal course of business and purchasing cycles. (Amended by Stats. 2007, Ch. 130, Sec. 73. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51221.5. Source version: id_d7940551-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. For the purposes of this code, the phrase “vocational-technical education” shall have the same meaning as “career technical education” as described in subdivision (i) of Section 51220. (Added by Stats. 2002, Ch. 988, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51222. Source version: id_c3002df0-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) All pupils, except pupils excused or exempted pursuant to Section 51241, shall be required to attend upon the courses of physical education for a total period of time of not less than 400 minutes each 10 schooldays, except as provided in subdivision (c). Any pupil may be excused from physical education classes during one of grades 10, 11, or 12 for not to exceed 24 clock hours in order to participate in automobile driver training. A pupil who is excused from physical education classes to enroll in driver training shall attend upon a minimum of 7,000 minutes of physical education instruction during such school year. (b) The governing board of each school district that maintains a high school and that elects to exempt pupils from required attendance in physical education courses pursuant to paragraph (1) or (2) or both of subdivision (b) of Section 51241 shall offer those pupils so exempted a variety of elective physical education courses of not less than 400 minutes each 10 schooldays. (c) The governing board of a school district that maintains any of grades 6 to 12, inclusive, may adopt a policy providing for an alternate term schedule for physical education courses, which shall be deemed to satisfy the requirements of a course in physical education for purposes of subparagraph (F) of paragraph (1) of subdivision (a) of Section 51225.3, if all of the following conditions are met: (1) (A) For a pupil in grade 6, the pupil receives no less than 400 minutes of instruction every 10 schooldays for a semester of not fewer than 18 weeks during the regular school year, for a total of 3,600 instructional minutes for the school year. (B) For a pupil in grades 7 to 12, inclusive, the pupil receives no less than 800 minutes of instruction every 10 schooldays for a semester of not fewer than 18 weeks during the regular school year, for a total of 7,200 instructional minutes for the school year. (2) The physical education program is aligned with the physical education framework adopted by the state board in that it provides a sequential, articulated, age-appropriate program. (3) The physical education program complies with the course of study requirements of high school physical education programs specified in Article 3.1 (commencing with Section 10060) of Subchapter 1 of Chapter 10 of Division 1 of Title 5 of the California Code of Regulations, as applicable. (4) Pupils are prepared for, and participate in, the physical performance testing required pursuant to Section 60800. (d) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of subdivision (a) or (c) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. (3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. (e) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate. (Amended by Stats. 2025, Ch. 88, Sec. 5. (AB 1216) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51223. Source version: id_eafcac82-70fe-11e5-a257-d59a842c4432 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Notwithstanding Sections 51210 and 51222, instruction in physical education in an elementary school maintaining any of grades 1 to 8, inclusive, shall be for a total period of time of not less than 200 minutes each 10 schooldays, exclusive of recesses and the lunch period. (b) (1) A complaint that a school district or county superintendent of schools has not complied with the instructional minute requirements of subdivision (a) may be filed with a school district or county superintendent of schools pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a school district or county superintendent of schools may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written appeal decision within 60 days of the department’s receipt of the appeal. (3) If a school district or county superintendent of schools finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district or county superintendent of schools shall provide a remedy to all affected pupils, parents, and guardians. (c) The Legislature finds and declares that neither the original provisions of this section, nor any subsequent amendments to it, were intended to create a private right of action. However, nothing in this subdivision shall restrict or expand the existing right of any party to seek relief from noncompliance with this section pursuant to a writ of mandate. (Amended by Stats. 2015, Ch. 706, Sec. 2. (AB 1391) Effective October 9, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51223.3. Source version: id_3ae6e579-3184-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) During the first revision of the physical education framework that occurs on or after January 1, 2011, the state board and the Curriculum Development and Supplemental Materials Commission shall include self-defense instruction and safety instruction in that framework for pupils in grades 7, 8, 9, 11, and 12. (b) As used in this section: (1) “Safety instruction” includes, but is not necessarily limited to, awareness and avoidance of potentially dangerous situations. (2) “Self-defense instruction” includes, but is not necessarily limited to, martial arts, boxing, and other defensive techniques. (Amended by Stats. 2011, Ch. 296, Sec. 69. (AB 1023) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51224. Source version: id_d7958bf7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. The governing board of any school district maintaining a high school shall prescribe courses of study designed to provide the skills and knowledge required for adult life for pupils attending the schools within its school district. The governing board shall prescribe separate courses of study, including, but not limited to, a course of study designed to prepare prospective pupils for admission to state colleges and universities and a course of study for career technical training. (Amended by Stats. 2000, Ch. 1058, Sec. 39. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51224.5. Source version: id_22282177-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) The adopted course of study for grades 7 to 12, inclusive, shall include algebra as part of the mathematics area of study pursuant to subdivision (f) of Section 51220. (b) Before receiving a diploma of graduation from high school, a pupil shall complete at least one course, or a combination of the two courses required for graduation pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3, that meets or exceeds the rigor of Algebra I or Mathematics I, that is aligned to the content standards adopted by the state board pursuant to Sections 60605.8 and 60605.11. (c) A pupil who, before enrollment in grade 9, completes a course in Algebra I or Mathematics I, or mathematics courses of equal rigor, that is aligned to the content standards adopted by the state board, is exempt from subdivision (b), but is not exempt from the requirement that the pupil complete two courses in mathematics while enrolled in grades 9 to 12, inclusive, as specified in subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3. (d) A pupil who has completed a course or courses that meet or exceed the content standards for Algebra I adopted by the state board pursuant to Section 60605, as that section read on June 30, 2011, shall be deemed to have satisfied the graduation requirement specified in subdivision (b). (Amended by Stats. 2015, Ch. 165, Sec. 1. (AB 220) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51224.7. Source version: id_90788c0f-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) This act shall be known, and may be cited, as the California Mathematics Placement Act of 2015. (b) Governing boards or bodies of local educational agencies that serve pupils entering grade 9 and that have not adopted a fair, objective, and transparent mathematics placement policy, as described in paragraphs (1) to (5), inclusive, as of January 1, 2016, shall, before the beginning of the 2016–17 school year, develop and adopt, in a regularly scheduled public meeting, a fair, objective, and transparent mathematics placement policy for pupils entering grade 9 that does all of the following: (1) Systematically takes multiple objective academic measures of pupil performance into consideration. For purposes of this paragraph, “objective academic measures” means measures, such as statewide mathematics assessments, including interim and summative assessments authorized pursuant to Section 60640, placement tests that are aligned to state-adopted content standards in mathematics, classroom assignment and grades, and report cards. (2) Includes at least one placement checkpoint within the first month of the school year to ensure accurate placement and permit reevaluation of individual pupil progress. (3) Requires examination of aggregate pupil placement data annually to ensure that pupils who are qualified to progress in mathematics courses based on their performance on objective academic measures selected for inclusion in the policy pursuant to paragraph (1) are not held back in a disproportionate manner on the basis of their race, ethnicity, gender, or socioeconomic background. The local educational agency shall report the aggregate results of this examination to the governing board or body of the local educational agency. (4) Offers clear and timely recourse for each pupil and his or her parent or legal guardian who questions the pupil’s placement. (5) For nonunified school districts, addresses the consistency of mathematics placement policies between elementary and high school districts. (c) Governing boards or bodies of local educational agencies serving pupils who are transitioning between elementary and middle school or elementary and junior high school may develop and implement a mathematics placement policy for these pupils, as applicable, that satisfies paragraphs (1) to (5), inclusive, of subdivision (b). (d) Each governing board or body of a local educational agency shall ensure that its mathematics placement policy is posted on its Internet Web site. (e) For purposes of this section, “local educational agency” means county office of education, school district, state special school, or charter school. (Added by Stats. 2015, Ch. 508, Sec. 2. (SB 359) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225. Source version: id_f9064f9b-de67-11eb-8614-c762768b4f1e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Governing body” means the governing board of a school district, the governing body of a charter school, or a county board of education, as applicable. (2) “Local educational agency” means a school district, charter school, or county office of education. (b) Notwithstanding any other law, a local educational agency shall do both of the following: (1) Exempt a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year and who is not on track to graduate in four years from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3. (2) Provide a pupil who was enrolled in the pupil’s third or fourth year of high school during the 2020–21 school year, and who is not on track to graduate in the 2020–21 or 2021–22 school years, the opportunity to complete the statewide coursework required for graduation pursuant to Section 51225.3, which opportunity may include, but is not limited to, completion of the coursework through a fifth year of instruction, credit recovery, or other opportunity to complete the required coursework. (Added by Stats. 2021, Ch. 41, Sec. 3. (AB 104) Effective July 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.1. Source version: id_2c7834a5-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Notwithstanding any other law, a local educational agency, as defined in subdivision (t), shall exempt a pupil in foster care, as defined in subdivision (t), a pupil who is a homeless child or youth, as defined in Section 11434a(2) of Title 42 of the United States Code, a former juvenile court school pupil, as defined in Section 51225.2, a pupil who is a child of a military family, as defined in Section 49701, or a pupil who is a migratory child, as defined in subdivision (a) of Section 54441, who transfers between schools any time after the completion of the pupil’s second year of high school, or a newcomer pupil, as defined in Section 51225.2, and who is in their third or fourth year of high school, from all coursework and other requirements adopted by the governing body that are in addition to the statewide coursework requirements specified in Section 51225.3, unless the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. (b) If the local educational agency determines that the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil is reasonably able to complete the local educational agency’s graduation requirements within the pupil’s fifth year of high school, the local educational agency shall do all of the following: (1) Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupil’s option to remain in school for a fifth year to complete the local educational agency’s graduation requirements. (2) Consult with the pupil, and the person holding the right to make educational decisions for the pupil, about how remaining in school for a fifth year to complete the local educational agency’s graduation requirements will affect the pupil’s ability to gain admission to a postsecondary educational institution. (3) Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges. (4) Permit the pupil to stay in school for a fifth year to complete the local educational agency’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil. (5) For a pupil in foster care or a pupil who is a homeless child or youth, consult with the pupil, and the person holding the right to make educational decisions for the pupil, regarding the pupil’s option to remain in the pupil’s school of origin, pursuant to Section 48852.7 for a pupil who is a homeless child or youth, or Section 48853.5 for a pupil in foster care. (c) To determine whether a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupil’s school enrollment, or, for pupils with significant gaps in school attendance, the pupil’s age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption. In the case of a newcomer pupil, enrollment in grade 11 or 12, based on the average age of pupils in the third or fourth year of high school, may be used to determine whether the pupil is in the pupil’s third or fourth year of high school. (d) (1) (A) Within 30 calendar days of the date that a pupil in foster care who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. (2) (A) Within 30 calendar days of the date that a pupil who is a homeless child or youth who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil is no longer a homeless child or youth, if the pupil otherwise qualifies for the exemption pursuant to this section. (3) (A) Within 30 calendar days of the date that a former juvenile court school pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section. (4) (A) Within 30 calendar days of the date that a pupil who is a child of a military family who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupil’s parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of “children of military families” under Section 49701, if the pupil otherwise qualifies for the exemption pursuant to this section. (5) (A) Within 30 calendar days of the date that a pupil who is a migratory child who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupil’s parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of “migratory child” if the pupil otherwise qualifies for the exemption pursuant to this section. (6) (A) Within 30 calendar days of the date that a newcomer pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a school, the local educational agency shall notify the pupil and the pupil’s parent or guardian of the availability of the exemption and whether the pupil qualifies for an exemption. (B) If the local educational agency fails to provide timely notice pursuant to subparagraph (A), the pupil described in subparagraph (A) shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the pupil no longer meets the definition of a “newcomer pupil” if the pupil otherwise qualifies for the exemption pursuant to this section. (e) If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupil’s fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, a school, including a charter school, or school district shall not require or request that the pupil graduate before the end of the pupil’s fourth year of high school. (f) If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, in addition to providing notification of the exemption pursuant to subdivision (d), the local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil. The consultation shall include all of the following: (1) Discussion regarding how any of the requirements that are waived may affect the pupil’s postsecondary education or vocation plans, including the ability to gain admission to a postsecondary educational institution. (2) Discussion and information about other options available to the pupil, including, but not limited to, a fifth year of high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges. (3) Consideration of the pupil’s academic data and any other information relevant to making an informed decision on whether to accept the exemption. (g) A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who is eligible for the exemption from local graduation requirements pursuant to this section and would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. (h) (1) If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is not exempted from local graduation requirements or has previously declined the exemption pursuant to this section, a local educational agency shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil and the pupil qualifies for the exemption. (2) If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil who was eligible for an exemption pursuant to this section, was not properly notified of the availability of the exemption pursuant to subdivision (d), or declined the exemption, a local educational agency nonetheless shall exempt the pupil within 30 days of the date of the exemption request, if an exemption is requested by the pupil or the person holding the right to make educational decisions for the pupil, and the pupil at one time qualified for the exemption, even if the pupil is no longer homeless, a child of a military family, a pupil who is a migratory child, a newcomer pupil, or the court’s jurisdiction over the pupil has terminated. (i) If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil is exempted from local graduation requirements pursuant to this section, a local educational agency shall not revoke the exemption. (j) (1) If a pupil in foster care is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district. (2) If a pupil who is a homeless child or youth is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil is no longer a homeless child or youth while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district. (3) If a former juvenile court school pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the termination of the court’s jurisdiction over the pupil while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district. (4) If a pupil who is a child of a military family is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of “children of military families” under Section 49701 while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district. (5) If a pupil who is a migratory child is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of “migratory child” while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district. (6) If a newcomer pupil is exempted from local graduation requirements pursuant to this section, the exemption shall continue to apply after the pupil no longer meets the definition of a “newcomer pupil” while the pupil is enrolled in school or if the pupil transfers to another school, including a charter school, or school district. (k) A local educational agency shall not require or request a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child to transfer schools in order to qualify the pupil for an exemption pursuant to this section. (l) (1) A pupil in foster care, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (2) A pupil who is a homeless child or youth, the person holding the right to make educational decisions for the pupil, or the local educational agency liaison for homeless children and youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (3) A former juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, or the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (4) A pupil who is a child of a military family, or the pupil’s parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (5) A pupil who is a migratory child, or the pupil’s parent or guardian, shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section. (m) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (3) If a local educational agency finds merit in a complaint, or the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (n) (1) If a local educational agency determines that a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child and who transfers between schools any time after the completion of the pupil’s second year of high school, or a newcomer pupil who is in their third or fourth year of high school, is not reasonably able to complete the local educational agency’s graduation requirements within the pupil’s fifth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 within the pupil’s fifth year of high school, the local educational agency shall exempt a pupil from the local educational agency’s graduation requirements and provide the pupil the option to remain in school for a fifth year to complete the statewide coursework requirements. The local educational agency shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following: (A) The pupil’s option to remain in school for a fifth year to complete the statewide coursework requirements. (B) How waiving the local educational requirements and remaining in school for a fifth year may affect the pupil’s postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education. (C) Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges. (D) The pupil’s academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school for a fifth year to complete the statewide coursework requirements. (2) This subdivision shall become inoperative on January 1, 2028. (o) (1) If a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, or a pupil who is a migratory child is not eligible for an exemption pursuant to this section in the year in which the pupil transfers between schools, or for a newcomer pupil, is not eligible for an exemption pursuant to this section in the pupil’s third year of high school, because the local educational agency makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school, a local educational agency nonetheless shall reevaluate eligibility and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the following academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. (2) If it is determined within the first 30 calendar days of the following academic year, that given their course completion status at that time of the reevaluation conducted pursuant to paragraph (1) that the pupil is not reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school, the local educational agency shall provide the pupil with the option to receive an exemption from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school for a fifth year to complete the local educational agency’s graduation requirements upon agreement with the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, upon agreement with the person holding the right to make educational decisions for the pupil and provide notification of the availability of these options pursuant to subdivisions (b) and (d). (p) (1) This section shall apply to a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, who is enrolled in an adult education program, regardless of the pupil’s age. (2) This section shall apply to a pupil who is enrolled in an adult education program who, while enrolled in high school, was a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil. (q) For a pupil who is an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, the “person holding the right to make educational decisions for the pupil” is the unaccompanied youth. (r) If a local educational agency or adult school offers to exempt a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil from all coursework and other requirements adopted by the governing body of the local educational agency that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil, or the pupil themselves if they are 18 years of age or older, an unaccompanied youth as defined in Section 11434a(6) of Title 42 of the United States Code, or an unaccompanied minor who holds their own education rights, whether to accept the exemption, based on the pupil’s best educational interests. (s) Each local educational agency shall report to the department annually on the number of pupils who, for the prior school year, graduated with an exemption from the local educational agency’s graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for pupils graduating in the fourth year and fifth year cohorts, and shall be disaggregated by cohort, pupil category, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California dashboard graduation data. For purposes of this subdivision, “pupil category” means the categories of pupils identified in subdivision (a). (t) For purposes of this section, the following terms have the following meanings: (1) “Governing body” means the governing board of a school district or the governing body of a charter school, as applicable. (2) “Local educational agency” means a school district or charter school. (3) “Pupil in foster care” has the same meaning as foster child, defined in subdivision (a) of Section 48853.5. (4) “School” means a public school, including a charter school, that maintains any of grades 9 to 12, inclusive. (5) “Unaccompanied youth” means an unaccompanied youth between 12 to 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). (Amended by Stats. 2023, Ch. 342, Sec. 2. (AB 714) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.2. Source version: id_3678a167-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school. (2) “Local educational agency” means a school district, county office of education, or charter school. (3) “Newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code. (4) “Partial coursework satisfactorily completed” includes any portion of an individual course, even if the pupil did not complete the entire course. (5) “Pupil in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (a) of Section 48853.5. (6) “Pupil who is a child of a military family” means a pupil who meets the definition of “children of military families” under Section 49701. (7) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code. (8) “Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” under subdivision (a) of Section 54441. (b) (1) Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept, full or partial credit for all full or partial coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil, while attending a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. (2) The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following: (A) All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school. (B) The credits and grades for each school and local educational agency listed separately so it is clear where they were earned. (C) A complete record of the pupil’s seat time, including both period attendance and days of enrollment. (3) The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c). (4) If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request. (5) For purposes of coursework completed by a pupil who is a child of a military family, “public school” includes schools operated by the United States Department of Defense. (c) (1) The credits accepted pursuant to subdivision (b) shall be applied for enrollment purposes as specified in subdivision (d) to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school. (2) For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned. (d) A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the newcomer pupil shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course. (e) A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a newcomer pupil shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California. (f) (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations and shall receive a written decision regarding the appeal within 60 days of the department’s receipt of the appeal. (3) If a local educational agency finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency shall provide a remedy to the affected pupil. (4) Information regarding the requirements of this section shall be included in the annual notification distributed to, among others, pupils, parents or guardians of pupils, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations. (Amended by Stats. 2023, Ch. 342, Sec. 3. (AB 714) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.25. Source version: id_bd52ef12-802c-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) A “pupil participating in a newcomer program,” as defined in Section 51225.2, as that section read on January 1, 2023, who was enrolled before January 1, 2024, is entitled to the rights in Sections 51225.1 and 51225.2. (b) Except as provided in subdivision (a), a local educational agency may, in its discretion, extend the rights in Sections 51225.1 and 51225.2 to a “pupil participating in a newcomer program,” as defined in Section 51225.2, as that section read on January 1, 2023. (Added by Stats. 2024, Ch. 831, Sec. 5. (AB 2473) Effective September 28, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.3. Source version: id_ccd285d2-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) A pupil shall complete all of the following while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school: (1) At least the following numbers of courses in the subjects specified, each course having a duration of one year, unless otherwise specified: (A) Three courses in English. (B) Two courses in mathematics. If the governing board of a school district requires more than two courses in mathematics for graduation, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to Section 51225.35. (C) Two courses in science, including biological and physical sciences. (D) Three courses in social studies, including United States history and geography; world history, culture, and geography; a one-semester course in American government and civics; and a one-semester course in economics. (E) One course in visual or performing arts, world language, or career technical education. (i) For purposes of satisfying the requirement specified in this subparagraph, a course in American Sign Language shall be deemed a course in world language. (ii) For purposes of this subparagraph, “a course in career technical education” means a course in a district-operated career technical education program that is aligned to the career technical model curriculum standards and framework adopted by the state board, including courses through a regional occupational center or program operated by a county superintendent of schools or pursuant to a joint powers agreement. (iii) This subparagraph does not require a school or school district that currently does not offer career technical education courses to start new career technical education programs for purposes of this section. (iv) If a school district or county office of education elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the governing board of the school district or county office of education, before offering that alternative to pupils, shall notify parents, teachers, pupils, and the public at a regularly scheduled meeting of the governing board of all of the following: (I) The intent to offer career technical education courses to fulfill the graduation requirement specified in this subparagraph. (II) The impact that offering career technical education courses, pursuant to this subparagraph, will have on the availability of courses that meet the eligibility requirements for admission to the California State University and the University of California, and whether the career technical education courses to be offered pursuant to this subparagraph are approved to satisfy those eligibility requirements. If a school district elects to allow a career technical education course to satisfy the requirement imposed by this subparagraph, the school district shall comply with subdivision (l) of Section 48980. (III) The distinction, if any, between the high school graduation requirements of the school district or county office of education, and the eligibility requirements for admission to the California State University and the University of California. (F) Two courses in physical education, unless the pupil has been exempted pursuant to this code. (G) (i) Commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school, a one-semester course in ethnic studies. A local educational agency, including a charter school, may require a full-year course in ethnic studies at its discretion. Commencing with the 2025–26 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer at least a one-semester course in ethnic studies. (ii) Subject to the course offerings of a local educational agency, including a charter school, a pupil may fulfill the requirement of clause (i) through the completion of any of the following types of courses: (I) A course based on the model curriculum developed pursuant to Section 51226.7. (II) An existing ethnic studies course. (III) An ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University. (IV) A locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The proposed course shall first be presented at a public meeting of the governing board of the school district or the governing body of the charter school, and shall not be approved until a subsequent public meeting of the governing board or governing body at which the public has had the opportunity to express its views on the proposed course. (iii) A course that does not use ethnic studies content as the primary content through which the subject is taught shall not be used to satisfy the requirement of clause (i). (iv) A pupil completing a course described in clause (ii) shall also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit toward satisfying a course required for a diploma of graduation from high school pursuant to this section. (v) Curriculum, instruction, and instructional materials for a course described in clause (ii) shall meet all of the following requirements: (I) Be appropriate for use with pupils of all races, religions, nationalities, genders, sexual orientations, and diverse ethnic and cultural backgrounds, pupils with disabilities, and English learners. (II) Not reflect or promote, directly or indirectly, any bias, bigotry, or discrimination against any person or group of persons on the basis of any category protected by Section 220. (III) Not teach or promote religious doctrine. (vi) It is the intent of the Legislature that local educational agencies, including charter schools, consider that, pursuant to Section 51226.7, the Instructional Quality Commission undertook a lengthy, thorough, deliberative, and inclusive process before submitting a model curriculum in ethnic studies to the state board. To the extent that local educational agencies, including charter schools, choose to locally develop an ethnic studies program for approval by their governing board or governing body, it is the intent of the Legislature that local educational agencies not use the portions of the draft model curriculum that were not adopted by the Instructional Quality Commission due to concerns related to bias, bigotry, and discrimination. (vii) The amendments made to this section by Section 1 of Chapter 661 of the Statutes of 2021 shall not be construed to alter any other requirement of this section for pupils enrolled in a charter school. (H) (i) Commencing with pupils graduating in the 2030–31 school year, including for pupils enrolled in a charter school, a separate, stand-alone one-semester course in personal finance, that shall not be combined with any other course. (ii) Commencing with pupils graduating in the 2030–31 school year, a local educational agency may exempt a pupil who completes a separate, stand-alone one-semester course in personal finance, that is not combined with any other course, from the requirement to complete a one-semester course in economics pursuant to subparagraph (D). (iii) (I) A local educational agency may elect to eliminate one or more locally required courses established pursuant to paragraph (2) in order to accommodate the requirement that pupils, commencing with pupils graduating in the 2030–31 school year, complete a separate, stand-alone one-semester course in personal finance. (II) This clause does not constitute a change in, but is declaratory of, existing law. (iv) Commencing with the 2027–28 school year, a local educational agency, including a charter school, with pupils in grades 9 to 12, inclusive, shall offer in all of its high schools at least a separate, stand-alone one-semester course in personal finance, that is not combined with any other course. (v) To satisfy the requirement of this subparagraph, a separate, stand-alone one-semester course in personal finance shall include information for pupils in grades 9 to 12, inclusive, on all of, and only, the topics listed in paragraphs (1) to (13), inclusive, of subdivision (a) of Section 51284.5. (2) (A) Other coursework requirements adopted by the governing board of the school district. (B) The governing board of a school district may, at its discretion, adopt a policy to exempt pupils from any coursework requirements adopted pursuant to subparagraph (A). It is the intent of the Legislature that the policy include a consultation with the pupil and the educational rights holder for the pupil regarding any impact of not fulfilling locally required coursework on the pupil’s ability to gain admission to an institution of higher education. (C) This paragraph does not affect a pupil’s rights pursuant to Section 51225.1 or 51225.31. (b) The governing board, with the active involvement of parents, administrators, teachers, and pupils, shall adopt alternative means for pupils to complete the prescribed course of study that may include practical demonstration of skills and competencies, supervised work experience or other outside school experience, career technical education classes offered in high schools, courses offered by regional occupational centers or programs, interdisciplinary study, independent study, and credit earned at a postsecondary educational institution. Requirements for graduation and specified alternative modes for completing the prescribed course of study shall be made available to pupils, parents, and the public. (c) On or before July 1, 2017, the department shall submit a comprehensive report to the appropriate policy committees of the Legislature on the addition of career technical education courses to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a), including, but not limited to, the following information: (1) A comparison of the pupil enrollment in career technical education courses, world language courses, and visual and performing arts courses for the 2005–06 to 2011–12 school years, inclusive, to the pupil enrollment in career technical education courses, world language courses, and visual and performing arts courses for the 2012–13 to 2016–17 school years, inclusive. (2) The reasons, reported by school districts, that pupils give for choosing to enroll in a career technical education course to satisfy the requirement specified in subparagraph (E) of paragraph (1) of subdivision (a). (3) The type and number of career technical education courses that were conducted for the 2005–06 to 2011–12 school years, inclusive, compared to the type and number of career technical education courses that were conducted for the 2012–13 to 2016–17 school years, inclusive. (4) The number of career technical education courses that satisfied the subject matter requirements for admission to the University of California or the California State University. (5) The extent to which the career technical education courses chosen by pupils are aligned with the California Career Technical Education Model Curriculum Standards, and prepare pupils for employment, advanced training, and postsecondary education. (6) The number of career technical education courses that also satisfy the visual and performing arts requirement, and the number of career technical education courses that also satisfy the world language requirement. (7) Annual pupil dropout and graduation rates for the 2011–12 to 2014–15 school years, inclusive. (d) For purposes of completing the report described in subdivision (c), the Superintendent may use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants, and receive donations and other financial support from public or private sources for purposes of this section. (e) For purposes of completing the report described in subdivision (c), the Superintendent may accept support, including, but not limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. (f) The amendments made to this section by Section 1 of Chapter 661 of the Statutes of 2021 shall become operative only upon an appropriation of funds by the Legislature for purposes of these amendments in the annual Budget Act or another statute. (Amended (as amended by Stats. 2025, Ch. 8, Sec. 45) by Stats. 2025, Ch. 622, Sec. 1. (AB 821) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.31. Source version: id_d1b4a329-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) (1) Notwithstanding any other law, a local educational agency shall exempt an individual with exceptional needs who satisfies the eligibility criteria described in subdivision (b) from all courses and other requirements adopted by the governing board or body of the local educational agency that are additional to the statewide course requirements specified in Section 51225.3 and shall award the pupil a diploma of graduation from high school, as described in Section 7801(23)(A)(ii)(I)(bb) of Title 20 of the United States Code. (2) The award of a diploma of graduation from high school pursuant to this subdivision, in accordance with Section 300.102(a)(3) of Title 34 of the Code of Federal Regulations, does not change a local educational agency’s obligation to provide a free appropriate public education, as described in subdivision (c) of Section 56026, or otherwise constitute a change in placement. (b) An individual with exceptional needs, who entered ninth grade in the 2022–23 school year or later, shall be eligible for the exemption and award described in subdivision (a) if their individualized education program provides for all of the following: (1) The pupil’s individualized education program team has deemed the pupil eligible to take the state alternate assessments as described in subdivision (k) of Section 60640. (2) The pupil is required to complete state standards aligned coursework to meet the statewide course requirements specified in Section 51225.3. (c) An individual with exceptional needs who meets the criteria for the diploma pursuant to this section shall be eligible to participate in any graduation ceremony and any school activity related to graduation with their grade-level peers with and without disabilities. Participation in graduation activities that are subject to this section shall not be construed as termination of the provision of a free appropriate public education for pupils described in Section 56026, consistent with Section 300.102(a)(3)(ii) of Title 34 of the Code of Federal Regulations, unless the individualized education program team, which includes the parent and pupil, as defined in Sections 300.320 and 300.321 of Title 34 of the Code of Federal Regulations, has determined the pupil has completed their high school experience. (d) For purposes of this section, “local educational agency” includes a school district, county office of education, charter school, or state special school. (e) Notwithstanding any other law, this section shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent. (Amended by Stats. 2024, Ch. 38, Sec. 60. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.32. Source version: id_5fe24cf7-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) (1) A local educational agency may exempt an individual with exceptional needs who was enrolled in grade 10 or higher in the 2022–23 school year, and who, while eligible pursuant to Section 56026, satisfies all the eligibility criteria described in subdivision (b) from all courses and requirements adopted by the governing board or body of the local educational agency that are additional to the statewide course requirements specified in Section 51225.3 and may award the pupil a diploma of graduation from high school, as described in Section 7801(23)(A)(ii)(I)(bb) of Title 20 of the United States Code. (2) The award of a diploma of graduation from high school pursuant to this subdivision, in accordance with Section 300.102(a)(3) of Title 34 of the Code of Federal Regulations, does not change a local educational agency’s obligation to provide a free appropriate public education, as described in subdivision (c) of Section 56026, or otherwise constitute a change in placement. (b) An individual with exceptional needs, who was enrolled in grade 10 or higher in the 2022–23 school year and is currently eligible pursuant to Section 56026, may be eligible for the exemption and award described in subdivision (a) if their individualized education program provides for all of the following: (1) The pupil’s individualized education program team has deemed the pupil eligible to take the state alternate assessments as described in subdivision (k) of Section 60640. (2) The pupil is required to complete state standards aligned coursework to meet the statewide course requirements specified in Section 51225.3. (c) An individual with exceptional needs who meets the criteria for the diploma pursuant to this section shall be eligible to participate in any graduation ceremony and any school activity related to graduation with their grade-level peers with and without disabilities. Participation in graduation activities that are subject to this section shall not be construed as termination of the provision of a free appropriate public education for pupils described in Section 56026, consistent with Section 300.102(a)(3)(ii) of Title 34 of the Code of Federal Regulations, unless the individualized education program team, which includes the parent and pupil, as defined in Sections 300.320 and 300.321 of Title 34 of the Code of Federal Regulations, has determined the pupil has completed their high school experience. (d) For purposes of this section, “local educational agency” includes a school district, county office of education, charter school, or state special school. (e) This section shall become inoperative on July 1, 2031, and, as of January 1, 2032, is repealed. (Added by Stats. 2024, Ch. 38, Sec. 61. (SB 153) Effective June 29, 2024. Inoperative July 1, 2031, by its own provisions. Repealed as of January 1, 2032, by its own provisions. See same-numbered section added by Stats. 2024, Ch. 37.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.33. Source version: id_9f28a6d4-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) (1) For the 2026–27 fiscal year, the Sacramento County Office of Education shall utilize the finding appropriated in Item 6100-488 of Section 2.0 of the Budget Act of 2026 to develop resources and provide technical assistance to support the implementation of alternative pathways and means to a diploma, pursuant to subdivision (b) of Section 51225.3, Sections 51225.31 and 51225.32, and paragraph (1) of subdivision (b) of Section 56345. (2) Funding appropriated for purposes of this section shall be available for encumbrance through June 30, 2031. (b) Assistance provided pursuant to this section shall include, but is not limited to, developing resources, training, and technical assistance to ensure coherence and consistency related to diploma attainment, secondary transition, and inclusive college programs, and the development of a statewide community of practice available to all local educational agencies to assist with implementation of alternative pathways to a high school diploma. (Added by Stats. 2026, Ch. 65, Sec. 102. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.35. Source version: id_95fd994a-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) (1) If the governing board of a school district requires more than two courses in mathematics for graduation from high school, the governing board of the school district may award a pupil up to one mathematics course credit pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 51225.3 for successfully completing a “category C” approved computer science course. (2) The governing board of a school district is encouraged to ensure that any computer science course that the school district awards a pupil mathematics course credit for pursuant to paragraph (1) builds upon fundamental mathematics content. (3) The governing board of a school district is encouraged to support schools in submitting any computer science course that a school wishes to use to fulfill school district imposed mathematics subject area requirements to the University of California for certification and addition to the school’s “A–G” course list. (b) For purposes of this section, “category C” refers to the “A–G” admission requirements for the California State University and the University of California. (Added by Stats. 2014, Ch. 888, Sec. 3. (AB 1764) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.36. Source version: id_99213101-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) If the governing board of a school district requires a course in health education for graduation from high school, the governing board of the school district shall include instruction in sexual harassment and violence, including, but not limited to, information on the affirmative consent standard, as defined in paragraph (1) of subdivision (a) of Section 67386. (b) If the governing board of a school district provides instruction pursuant to subdivision (a), the governing board of the school district shall ensure teachers consult information related to sexual harassment and violence in the Health Framework for California Public Schools when delivering health instruction. (Added by Stats. 2015, Ch. 424, Sec. 2. (SB 695) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.37. Source version: id_75adc9a1-0c97-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. The department shall encourage the governing board of each school district, and the governing body of each charter school, whose schools offer world language courses that are specifically designed for native speakers that are not approved as “A–G” courses, to support their respective schools in submitting those courses to the University of California for certification and addition to the schools’ “A–G” course list. (Amended by Stats. 2019, Ch. 497, Sec. 72. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.38. Source version: id_26172398-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) If the governing board of a school district or the governing body of a charter school requires a course in health education for graduation from high school, the governing board of a school district or the governing body of a charter school shall include, commencing with the 2026–27 school year, instruction in the dangers associated with fentanyl use. (b) Instruction provided pursuant to subdivision (a) shall be consistent with the state board’s most recently adopted “Health Framework for California Public Schools” (health framework) and based on information from the National Institutes of Health and the United States Department of Health and Human Services. Instruction shall include, but not be limited to, all of the following: (1) Information on what fentanyl is, including, but not limited to, all of the following: (A) An explanation of the differences between synthetic opioids, nonsynthetic opioids, and illicit drugs. (B) Variations of fentanyl. (C) The differences between the legal and illegal uses of fentanyl. (2) The risks of using fentanyl, including, but not limited to, all of the following: (A) The lethal dose of fentanyl, including comparing that lethal dose of fentanyl to the lethal dose of other drugs. (B) How often fentanyl is put into illegal drugs without a user’s knowledge. (C) An explanation of what fentanyl does to a human body and the severity of fentanyl’s addictive properties. (D) How the consumption of fentanyl can lead to hypoxia and an explanation of what hypoxia is and how it can affect the human body. (3) An explanation of the process of adding or mixing fentanyl with other drugs, a process more commonly known as “lacing,” and why lacing with fentanyl is common. (4) How to detect fentanyl in drugs and how to potentially save a person from a fentanyl overdose, including, but not limited to, all of the following: (A) How to buy and use fentanyl test strips. (B) How to buy and use naloxone or other opioid antagonists in the form of a prefilled nasal product and an injection. (C) How to detect if someone is overdosing on fentanyl. (Added by Stats. 2024, Ch. 67, Sec. 1. (AB 2429) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.4. Source version: id_d797129d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. The governing board of each elementary school district shall certify to the Superintendent of Public Instruction that it has adopted a policy to implement a course of instruction that sufficiently prepares the pupils in the district for the course of study required in Section 51225.3. This certification shall be submitted to the superintendent at the same time the district submits its apportionment reports. (Amended by Stats. 2000, Ch. 1058, Sec. 41. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.5. Source version: id_d0ee6c15-fce0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) (1) The governing board of a school district maintaining a high school may confer honorary high school diplomas upon foreign exchange students from other countries who have not completed the course of study ordinarily required for graduation, and who are returning to their home countries following the completion of one academic school year in a school district in the state. (2) The governing board of a school district, a county office of education, and the governing body of a charter school maintaining a high school may confer an honorary high school diploma upon a pupil who is terminally ill. (b) An honorary high school diploma awarded pursuant to this section shall be clearly distinguishable from the regular diploma of graduation awarded by the school district, county office of education, or charter school. (Amended by Stats. 2018, Ch. 167, Sec. 8. (AB 2109) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.6. Source version: id_6c2bcb48-ca2c-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) If the governing board of a school district or the governing body of a charter school requires a course in health education for graduation from high school, the governing board of a school district or the governing body of a charter school shall include, commencing with the 2018–19 school year, instruction in performing compression-only cardiopulmonary resuscitation (CPR). This instruction shall include both of the following: (1) An instructional program based on national evidence-based emergency cardiovascular care guidelines for the performance of compression-only CPR, such as those developed by the American Heart Association or the American Red Cross. (2) Instruction to pupils relative to the psychomotor skills necessary to perform compression-only CPR. For purposes of this paragraph, “psychomotor skills” means skills that pupils are required to perform as hands-on practice to support cognitive learning. (b) Before the commencement of the 2017–18 school year, the department shall provide guidance on how to implement this section, including, but not limited to, who may provide instruction pursuant to this section. (c) The governing board of a school district or the governing body of a charter school is encouraged to provide to pupils general information on the use and importance of an automated external defibrillator (AED). The physical presence of an AED in the classroom is not required. (d) The governing board of a school district or the governing body of a charter school may adopt policies to implement this section. (e) (1) The governing board of a school district or the governing body of a charter school providing instruction in performing compression-only CPR or information on the use of an AED pursuant to this section is encouraged to use the most cost-effective means possible to implement that requirement. (2) This section shall not be construed to require the governing board of a school district or the governing body of a charter school to make any purchases, including, but not limited to, purchasing an AED. (f) (1) A local agency, entity of state or local government, or other public or private organization that sponsors, authorizes, supports, finances, or supervises the instruction of pupils in compression-only CPR or the use of an AED pursuant to this section shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction. (2) A public employee who provides or facilitates the instruction of pupils in compression-only CPR or the use of an AED pursuant to this section shall not be liable for any civil damages alleged to result from the acts or omissions of an individual who received such instruction. (3) This subdivision shall not be construed to grant immunity from civil damages to any person who provides or facilitates the instruction of pupils in compression-only CPR or the use of an AED in a manner that constitutes gross negligence or willful or wanton misconduct. (Added by Stats. 2016, Ch. 556, Sec. 1. (AB 1719) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.7. Source version: id_1a2d20b2-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Local educational agency” means a school district, county office of education, or charter school. (2) “Opt-out form” means a form developed by the Student Aid Commission that permits parents, legal guardians, a legally emancipated pupil, a pupil who is 18 years of age or older, or a local educational agency on a pupil’s behalf to not fill out a Free Application for Federal Student Aid or California Dream Act Application for any reason. (3) “Outreach program” means a nonprofit entity that is exempt from taxation pursuant to Section 501(c)(3) of the United States Internal Revenue Code or a public entity with experience in either or both of the following: (A) Assisting pupils with financial aid application completion. (B) Serving pupils who are eligible to submit a California Dream Act Application. (4) “Pupil” means a pupil in grade 12 attending a high school maintained by a local educational agency. (5) “Transcript-informed pupil accounts” means accounts available to grade 9 to 12, inclusive, pupils that use data provided to the California College Guidance Initiative by local educational agencies, in accordance with data specified in the California High School Transcript and Student Record Portability Standard, as acknowledged by the Office of Cradle-to-Career Data. (6) “Universal basic pupil accounts” means accounts available on the CaliforniaColleges.edu platform for grade 6 to 12, inclusive, pupils that use data provided to the California College Guidance Initiative by the department that are not inclusive of courses and grades. (b) (1) Commencing with the 2022–23 school year, except as provided in subdivisions (c) and (d), the governing body of a local educational agency shall confirm that a pupil complies with at least one of the following: (A) The pupil completes and submits to the United States Department of Education a Free Application for Federal Student Aid. (B) If the pupil is exempt from paying nonresident tuition pursuant to Section 68130.5, the pupil completes and submits to the Student Aid Commission a form established pursuant to Section 69508.5 for purposes of the California Dream Act. (2) Commencing with the 2025–26 school year, the governing body of a local educational agency shall provide each pupil and the pupil’s parent or legal guardian with information about the California Kids Investment and Development Savings Program established pursuant to Article 19.5 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3 and the pupil’s potential eligibility for that benefit. (c) The parent or legal guardian of the pupil, or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, may opt out of the requirements of this section by filling out and submitting an opt-out form, as defined in subdivision (a), to the local educational agency. The Student Aid Commission shall make the opt-out form available to all local educational agencies pursuant to subdivision (h). (d) (1) If the local educational agency determines that a pupil is unable to complete a requirement of this section, the local educational agency shall exempt the pupil or, if applicable, the pupil’s parent or legal guardian from completing and submitting a Free Application for Federal Student Aid, a form established pursuant to Section 69508.5 for purposes of the California Dream Act, or an opt-out form pursuant to subdivision (c). (2) (A) A local educational agency, before exempting the pupil or the pupil’s parent or legal guardian pursuant to paragraph (1), shall comply with both of the following: (i) Provide the information described in subparagraph (B) to the pupil through a meeting between a school counselor and the pupil or, if no school counselor is employed at the school, between the pupil and other school staff, through written material, or by other means of communication. (ii) Provide, to the pupil’s parent or legal guardian or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, the information described in subparagraph (B) and notification of the date by which the pupil will be opted out by the local educational agency if no action is taken. This notice shall be provided with sufficient time for the parent or legal guardian or the pupil if the pupil is a legally emancipated minor or 18 years of age or older, to act before the local educational agency opts out the pupil. (B) The information to be provided, as required in subparagraph (A), shall be all of the following: (i) The purposes and benefits of the Free Application for Federal Student Aid or a form established pursuant to Section 69508.5, which include consideration for financial aid. (ii) The consequences of not completing and submitting a Free Application for Federal Student Aid or a form established pursuant to Section 69508.5. (iii) The option to complete a Free Application for Federal Student Aid or a form established pursuant to Section 69508.5 after an opt-out form has been submitted. (3) If the local educational agency exempts the pupil from having to complete the requirements of this section, the local educational agency shall complete and submit the opt-out form, as defined in subdivision (a), on the pupil’s behalf and notify the pupil’s parent or legal guardian of the pupil’s exemption. (e) The governing board or body of the local educational agency shall ensure both of the following: (1) The local educational agency directs each high school pupil and, if applicable, the pupil’s parent or legal guardian to any support and assistance services necessary to comply with the requirement described in subdivision (b) that may be available through outreach programs, including, but not limited to, those programs operated by the Student Aid Commission, postsecondary immigration resource centers, college readiness organizations, community-based organizations, and legal resource organizations. (2) Information shared by parents, legal guardians, and pupils under this section is handled in compliance with the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and applicable state laws, including Chapters 493 and 495 of the Statutes of 2017, regardless of any person’s immigration status or other personal information, in order to protect all pupil and parent data to the fullest extent possible so that schools and all personal data remain safe. (f) It is the intent of the Legislature that high school pupils have the support and assistance services to help pupils successfully complete and submit a Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act. (g) On or before September 1, 2022, and each year thereafter, the Student Aid Commission and the department shall facilitate the completion of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act in the following manner: (1) The department shall share the current school year’s roster of pupils with the Student Aid Commission. (2) The Student Aid Commission shall match the data described in paragraph (1) with a pupil’s application status based on the data possessed by the Student Aid Commission related to submission of the Free Application for Federal Student Aid and the form established pursuant to Section 69508.5 for purposes of the California Dream Act. (3) The Student Aid Commission shall provide, to the extent permissible pursuant to state and federal law, the California College Guidance Initiative, described in Section 10861, with the data necessary, as determined by the California College Guidance Initiative, in consultation with the department, to inform the educator reports available through the CaliforniaColleges.edu platform to improve educator access to the information needed to determine whether each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act application. (4) Upon participation of a local educational agency in the California College Guidance Initiative’s implementation of transcript-informed accounts for pupils in grades 9 to 12, inclusive, on the CaliforniaColleges.edu platform, and to the extent permissible pursuant to state and federal law, the California College Guidance Initiative shall provide pupil grade point average information necessary, for each participating pupil in the local educational agency, to ensure that each pupil successfully completes and submits their Free Application for Federal Student Aid or California Dream Act application, to the Student Aid Commission in accordance with the privacy requirements of the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g). (h) The Student Aid Commission shall, on or before July 1, 2022, adopt regulations that include, but are not limited to, model opt-out forms and acceptable use policies for the purpose of providing guidance on the requirements relating to state law in paragraph (2) of subdivision (e). The Student Aid Commission shall post and make available any model opt-out forms and policies established pursuant to this subdivision on its internet website. (i) A pupil who does not fulfill the requirements of this section shall not be penalized or punished and this section shall not affect a pupil’s ability to graduate. (Amended by Stats. 2025, Ch. 9, Sec. 2. (AB 123) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.8. Source version: id_e8aac7dd-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Commencing with the 2020–21 school year, the governing board of a school district and the governing body of a charter school, as appropriate, shall ensure that each of its pupils receives information on how to properly complete and submit the Free Application for Federal Student Aid (FAFSA) or the California Dream Act application, as appropriate, at least once before the pupil enters grade 12. The manner in which information is provided pursuant to this section shall be at the discretion of the governing board of the school district or the governing body of the charter school, as appropriate, and may include, but not necessarily be limited to, information dissemination through in-class instruction, an existing program, family information sessions, or group or individual sessions with school counselors. (b) Notwithstanding subdivision (a), commencing with participation of a local educational agency in the California College Guidance Initiative’s implementation of universal basic pupil accounts on the CaliforniaColleges.edu platform, and in furtherance of satisfying the requirements of subdivision (b) of Section 51225.7, the governing board of a school district and the governing body of a charter school, as appropriate, shall ensure that each pupil in grade 11 is advised to complete the grade 11 financial aid lessons on the CaliforniaColleges.edu platform operated by the California College Guidance Initiative pursuant to Section 10861. (c) The manner in which information is provided pursuant to subdivision (a) and the grade 11 financial aid lessons described in subdivision (b) shall be developed in partnership with the Student Aid Commission in order to ensure timely communication to pupils of changes in the process for applying for financial aid. A memorandum of understanding shall be established between the California College Guidance Initiative and the Student Aid Commission, detailing the partnership in creation of these lessons. These lessons are provided to pupils at the discretion of the governing board of the school district or the governing body of the charter school, as appropriate, and may include, but not be limited to, information dissemination through in-class instruction, an existing program, family information sessions, or group or individual sessions with school counselors. The grade 11 financial aid lessons provided pursuant to subdivision (b) shall include, but not necessarily be limited to, material related to all of the following: (1) The types of documentation and personal information that each student financial aid application requires, including, but not necessarily limited to, documents relating to income taxes, finances and income, college choices, academic status, and personal identification such as social security or taxpayer identification numbers. (2) An explanation of definitions used for each application. These definitions may include, but are not necessarily limited to, definitions of “legal guardianship,” “household size,” “parent,” “dependent,” and “taxable college grants and scholarships.” (3) Eligibility requirements for student financial aid that may be applied for using the FAFSA or the California Dream Act Application. (4) Application timelines and submission deadlines. (5) The importance of submitting applications early, especially when student financial aid is awarded on a first-come, first-served basis. (d) The governing board of a school district and the governing body of a charter school shall ensure that both of the following occurs: (1) A paper copy of the FAFSA or the California Dream Act application is provided to each pupil, upon request by that pupil or upon request of a parent or guardian of that pupil. (2) Commencing with participation of a local educational agency in the California College Guidance Initiative’s basic universal pupil accounts on the CaliforniaColleges.edu platform, a representative of the school district and the charter school, as applicable, has a district administrator account registered on the CaliforniaColleges.edu platform for purposes of this representative serving as the district administrator to support grade 11 pupils in completing the grade 11 financial aid lessons provided pursuant to this section. (e) The governing board of a school district and the governing body of a charter school shall ensure that any information shared by parents, guardians, and pupils under this section is handled according to applicable state and federal privacy laws and regulations. (Amended by Stats. 2024, Ch. 38, Sec. 63. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51225.9. Source version: id_b42026b1-403a-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. Notwithstanding any other law, if a pupil completed a career technical education course, between July 1, 2022, and the effective date of this section, that met the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3, as that section read on June 30, 2022, that course shall be deemed to have fulfilled the requirements of subparagraph (E) of paragraph (1) of subdivision (a) of Section 51225.3. (Added by Stats. 2022, Ch. 571, Sec. 37. (AB 185) Effective September 27, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226. Source version: id_d79712a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. The Superintendent of Public Instruction shall coordinate the development, on a cyclical basis, of model curriculum standards for the course of study required by Section 51225.3 and for a career technical education course of study necessary to assist school districts with complying with subdivision (b) of Section 51228. The superintendent shall set forth these standards in terms of a wide range of specific competencies, including higher level skills, in each academic subject area. The superintendent shall review currently available textbooks in conjunction with the curriculum standards. The superintendent shall seek the advice of classroom teachers, school administrators, parents, postsecondary educators, and representatives of business and industry in developing these curriculum standards. The superintendent shall recommend policies to the State Board of Education for consideration and adoption by the board. The State Board of Education shall adopt these policies no later than January 1, 1985. However, neither the superintendent nor the board shall adopt rules or regulations for course content or methods of instruction. The superintendent shall, to the extent applicable, incorporate the integration of career technical and academic education into the development of curriculum standards for career technical education courses. The standards for a career technical education course of study shall be adopted no later than June 1, 2005. (Amended by Stats. 2002, Ch. 989, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.1. Source version: id_1161e8b4-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Upon adoption of the model curriculum standards developed pursuant to Section 51226, the Superintendent shall develop a curriculum framework consistent with criteria set forth in subdivision (a) of Section 60005 that offers a blueprint for implementation of career and technical education. The framework shall be adopted no later than November 1, 2006. (b) In developing the framework, the Superintendent shall work in consultation and coordination with an advisory group, including, but not limited to, representatives from all of the following: (1) Business and industry. (2) Labor. (3) The California Community Colleges. (4) The University of California. (5) The California State University. (6) Classroom teachers. (7) School administrators. (8) Pupils. (9) Parents and guardians. (10) Representatives of the Legislature. (11) The department. (12) The Labor and Workforce Development Agency. (c) In convening the membership of the advisory group set forth in subdivision (b), the Superintendent is encouraged to seek representation broadly reflective of the state population. (d) Costs incurred by the superintendent in complying with this section shall be covered, to the extent permitted by federal law, by the state administrative and leadership funds available pursuant to the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. Sec. 2301 et seq.). (e) In developing the framework, the Superintendent shall consider developing frameworks for various career pathways that will prepare pupils for both career entry and matriculation into postsecondary education. (f) Upon completion of the framework, the advisory group is encouraged to identify career technical education courses that meet state-adopted academic content standards and that satisfy high school graduation requirements and admissions requirements of the University of California and the California State University, and to determine the extent to which local educational agencies accept credit earned for the completion of those courses, in lieu of other courses of study. (g) The adoption of the framework developed and adopted pursuant to this section by a local educational agency shall be voluntary. (Amended by Stats. 2005, Ch. 677, Sec. 37. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.2. Source version: id_d7989945-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. The Superintendent of Public Instruction shall inform county offices of education and each school district that maintains any of grades 6 to 12, inclusive, of the availability of the consumer and home economics education model performance standards and framework. The superintendent shall provide a copy of the consumer and home economics education model performance standards and framework to each county office of education and school district that requests one. (Added by Stats. 1993, Ch. 1207, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.3. Source version: id_d64b24f4-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) (1) The department shall incorporate into publications that provide examples of curriculum resources for teacher use those materials developed by publishers of nonfiction, trade books, and primary sources, or other public or private organizations, that are age appropriate and consistent with the subject frameworks on history and social science that deal with civil rights, human rights violations, genocide, slavery, and the Holocaust. (2) The Legislature encourages the department to incorporate into publications that provide examples of curriculum resources for teacher use those materials developed by publishers of nonfiction, trade books, and primary sources, or other public or private organizations, that are age appropriate and consistent with the subject frameworks on history and social science that deal with the Armenian, Cambodian, Darfur, and Rwandan genocides. (b) (1) The Legislature encourages the incorporation of survivor, rescuer, liberator, and witness oral testimony into the teaching of human rights, the Holocaust, and genocide, including, but not limited to, the Armenian, Cambodian, Darfur, and Rwandan genocides. (2) As used in this subdivision, “oral testimony” means the firsthand accounts of significant historical events presented in a format that includes, but is not limited to, in-person testimony, video, or a multimedia option, such as a DVD or an online video. (c) The Legislature encourages all state and local professional development activities to provide teachers with content background and resources to assist them in teaching about civil rights, human rights violations, genocide, slavery, the Armenian Genocide, and the Holocaust. (d) The Legislature encourages all state and local professional development activities to provide teachers with content background and resources to assist them in teaching about the Great Irish Famine of 1845–50. (e) The Great Irish Famine of 1845–50 shall be considered in the next cycle in which the history-social science curriculum framework and its accompanying instructional materials are adopted. (f) (1) The Legislature encourages all state and local professional development activities to provide teachers with content background and resources to assist them in teaching about the Chinese Exclusion Act of 1882 and the contributions of Chinese Americans to the establishment of the transcontinental railroad. (2) When the state board revises and adopts the curriculum framework for history-social science on or after January 1, 2017, the state board shall consider providing for the inclusion, in that curriculum framework, evaluation criteria, and accompanying instructional materials, of instruction on the Chinese Exclusion Act of 1882 and the contributions of Chinese Americans to the establishment of the transcontinental railroad. (g) When the history-social science curriculum framework is revised as required by law, the Instructional Quality Commission shall consider including the Armenian, Cambodian, Darfur, and Rwandan genocides in the recommended history-social science curriculum framework. (h) The Model Curriculum for Human Rights and Genocide adopted by the state board, pursuant to Section 51226, shall be made available to schools in grades 7 to 12, inclusive, as soon as funding is available for this purpose. In addition, the department shall make the curriculum available on its internet website. (i) For purposes of this article, “Armenian Genocide” means the torture, starvation, and murder of 1,500,000 Armenians, which included death marches into the Syrian Desert, by the rulers of the Ottoman Turkish Empire and the exile of more than 500,000 innocent people during the period from 1915 to 1923, inclusive. (j) When the state board revises and adopts the curriculum framework for history-social science on or after January 1, 2016, the state board shall consider providing for the inclusion, in that curriculum framework, evaluation criteria, and accompanying instructional materials, of instruction on the unconstitutional deportation to Mexico during the Great Depression of citizens and lawful permanent residents of the United States. (k) As used in subdivisions (b) and (c), “human rights” and “human rights violations” include the unconstitutional deportation to Mexico during the Great Depression of citizens and lawful permanent residents of the United States. (l) When the history-social science curriculum framework is next revised on or after January 1, 2024, the Instructional Quality Commission shall consider providing for inclusion, in that curriculum framework, related evaluation criteria, and accompanying instructional materials, of instruction on both of the following: (1) The historical, social, economic, and political contributions of Asian Americans, Native Hawaiians, and Pacific Islanders in the United States. (2) Examples of racism, discrimination, and violence perpetrated against Asian Americans, Native Hawaiians, and Pacific Islanders in the United States, including, but not limited to, hate crimes committed during the COVID-19 pandemic. (m) When the state board next revises the history-social science curriculum framework or adopts new instructional materials, after January 1, 2025, the Instructional Quality Commission shall consider, in consultation with California tribes, including in that curriculum framework or including in its evaluation criteria for instructional materials, content on the treatment and perspectives of Native Americans during the periods of the Spanish colonization of California and the Gold Rush Era. (n) When the state board adopts new instructional materials for history-social science on or after January 1, 2025, the Instructional Quality Commission shall consider providing for inclusion, in its evaluation criteria, content on the case of Mendez v. Westminster School District of Orange County (64 F. Supp. 544 (S.D. Cal. 1946)), aff’d, Westminster School District of Orange County v. Mendez (161 F. 2d 774 (9th Cir. 1947)). (o) When the state board next revises the history-social science curriculum framework or adopts new instructional materials, after January 1, 2026, the Instructional Quality Commission shall consider including in that curriculum framework or including in its evaluation criteria for instructional materials, content on the historical, social, economic, and political contributions of African Americans during the Spanish colonization of California, the Gold Rush Era, and Antebellum, including, but not limited to, addressing African Americans’ experience with discriminatory laws, barriers to land ownership, and their efforts to establish economic and social stability in California. (Amended by Stats. 2025, Ch. 100, Sec. 1. (SB 510) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.4. Source version: id_a2631f2c-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. Pursuant to subdivision (a) of Section 51226.3, the Legislature encourages all of the following: (a) Instruction in the origins of genocide as a phenomenon throughout history that continues to the present day. (b) Content providers and teachers to promote pupil analysis of genocides, including the ethnic, religious, and political causes. (c) Content providers and teachers to incorporate instructional materials for pupils that examine the possible means of preventing and halting genocide policies or interventions by the United Nations, other groups of nations, or the United States. (d) Examinations of interventions to prevent genocides should include arguments and evidence for and against intervention, the role of public support for the intervention, and the possible consequences of such interventions. (Added by Stats. 2014, Ch. 441, Sec. 2. (SB 1380) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.5. Source version: id_d798994b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) No later than January 1, 1991, the State Board of Education, with the assistance of the Superintendent of Public Instruction, shall establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. (b) No later than April 1, 1991, the Superintendent of Public Instruction shall make that list of textbooks and instructional materials available for use by school districts throughout the state, and shall submit the list to the Legislature. (c) The Superintendent of Public Instruction shall incorporate the textbooks and instructional materials on the list described in subdivision (a) into the implementation element of the history-social science framework adopted by the State Board of Education in July 1987, and into the implementation element of the framework adopted by the State Board of Education for any other subject area for which those textbooks and instructional materials identify important minority roles and contributions. (Added by Stats. 1989, Ch. 452, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.6. Source version: id_d79a1fed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) The State Department of Education shall develop and adopt a model curriculum framework for driver education and training that incorporates the rules and regulations adopted by the State Board of Education relating to driver education pursuant to Sections 41905 and 51850, and that is directed to preparing student drivers for compliance with paragraph (4) of subdivision (a) of Section 12814.6 of the Vehicle Code. (b) The State Department of Education shall not be required to comply with the requirements of subdivision (a) unless federal funding is available to defray the cost of developing and adopting the model curriculum framework for driver training and education. (Amended by Stats. 1997, Ch. 760, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.7. Source version: id_32f52813-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) The Instructional Quality Commission shall develop, and the state board shall adopt, modify, or revise, a model curriculum in ethnic studies to ensure quality courses of study in ethnic studies. The model curriculum shall be developed with participation from faculty of ethnic studies programs at universities and colleges with ethnic studies programs and a group of representatives of local educational agencies, a majority of whom are kindergarten to grade 12, inclusive, teachers who have relevant experience or education background in the study and teaching of ethnic studies. (b) The model curriculum shall be written as a guide to allow school districts to adapt their courses to reflect the pupil demographics in their communities. The model curriculum shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses. (c) On or before December 31, 2020, the Instructional Quality Commission shall submit the model curriculum to the state board for adoption, and the state board shall adopt the model curriculum on or before March 31, 2021. (d) The Instructional Quality Commission shall provide a minimum of 45 days for public comment before submitting the model curriculum to the state board. (e) It is the intent of the Legislature that local educational agencies submit course outlines for ethnic studies for approval as A–G courses. (Amended by Stats. 2021, Ch. 661, Sec. 3. (AB 101) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.8. Source version: id_f06ece14-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) The Instructional Quality Commission shall develop and recommend to the state board, for consideration and adoption by the state board, a curriculum guide and resources for a separate, stand-alone one-semester course in personal finance, that is not combined with any other course. On or before May 31, 2026, the state board shall adopt a curriculum guide and resources for a separate, stand-alone one-semester course in personal finance based on the Instructional Quality Commission’s recommendation. The curriculum guide and resources shall include all of, and only, the personal finance content specified in paragraphs (1) to (13), inclusive, of subdivision (a) of Section 51284.5. (b) In the event that the state board has not adopted a curriculum guide and resources for a separate, stand-alone one-semester course in personal finance as of May 31, 2026, local educational agencies, including charter schools, shall locally develop the curriculum and resources to offer a separate, stand-alone one-semester course in personal finance meeting the requirements of clause (v) of subparagraph (H) of paragraph (1) of subdivision (a) of Section 51225.3 for approval by the governing board or body of the local educational agency, in order to meet the requirement to offer the separate, stand-alone one-semester course in personal finance as of the 2027–28 school year described in clause (iv) of subparagraph (H) of paragraph (1) of subdivision (a) of Section 51225.3. (c) The sum of three hundred thousand dollars ($300,000) is hereby appropriated from the General Fund to the Instructional Quality Commission for purposes of carrying out the duties required under subdivision (a). (Added by renumbering Section 51225.32 (as added by Stats. 2024, Ch. 37, Sec. 4) by Stats. 2025, Ch. 67, Sec. 57. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51226.9. Source version: id_b8db83be-1fdd-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) (1) The department shall, no later than June 1, 2022, in collaboration with, and subject to the approval of, the executive director of the state board, use the funding appropriated pursuant to Section 156 of Chapter 44 of the Statutes of 2021 to enter into a contract with a county office of education or a consortium of county offices of education for the purposes of developing a model curriculum related to Native American studies by September 1, 2025. The model curriculum shall be housed on the platform developed and maintained by the California History-Social Science Project. The designated county office of education or consortium of county offices of education shall work with the California History-Social Science Project and Teaching California to ensure that the model curriculum is accessible and compatible with the platform. (2) The county office of education or consortium of county offices of education shall ensure the inclusion of authentic voices and perspectives in the development of the model curriculum and shall provide multiple opportunities for authentic stakeholder engagement across the state which shall include, but not be limited to, town halls or other input sessions and surveys. The county office of education or consortium of county offices of education shall consult with federally recognized Native American tribes located in California, California Native American tribes, faculty of Native American studies programs at universities and colleges with Native American studies programs, representatives of local educational agencies, members of the Instructional Quality Commission established pursuant to Section 33530, and teachers, including teachers who have relevant experiences or education backgrounds in the study and teaching of Native American studies. The Governor’s Tribal Advisor, the Native American Heritage Commission, and the department shall assist the county office of education or consortium of county offices of education in statewide tribal consultations with federally recognized Native American tribes located in California and California Native American tribes. (3) For purposes of this subdivision, “California Native American tribe” means a Native American tribe that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004 and Chapter 532 of the Statutes of 2014. (b) The model curriculum shall be written as a guide to allow school districts and charter schools to adapt their related courses to reflect the pupil demographics in their communities. The model curriculum shall include examples of courses offered by local educational agencies that have been approved as meeting the A–G admissions requirements of the University of California and the California State University, including, to the extent possible, course outlines for those courses. (c) The model curriculum shall be open source and accessible to educators across the state and include online instructional modules appropriate for use in elementary, middle, and high schools. (d) The county office of education or consortium of county offices of education may subcontract with a nonprofit organization or institution of higher education in the development of the model curriculum pursuant to this subdivision. (e) The county office of consortium or county offices of education shall submit a report annually, until the completion of the model curriculum, on its progress in the development of the model curriculum to the appropriate fiscal and policy committees of the Legislature and to the state board. (f) Beginning in the school year following the completion of the model curriculum pursuant to subdivision (a), each school district or charter school maintaining any of grades 9 to 12, inclusive, that does not otherwise offer a standards-based Native American studies curriculum is encouraged to offer to all otherwise qualified pupils a course of study in Native American studies. A school district or charter school that elects to offer a course of study in Native American studies pursuant to this subdivision shall offer the course as an elective in the social sciences or English language arts and shall make the course available in at least one year during a pupil’s enrollment in grades 9 to 12, inclusive. (g) It is the intent of the Legislature that local educational agencies submit course outlines for Native American studies for approval as A–G courses. (h) For purposes of this section, “model curriculum” means lesson plans, primary source documents, planning resources, teaching strategies, and professional development activities to assist teachers in teaching about Native American studies. (Amended by Stats. 2021, Ch. 252, Sec. 27. (AB 167) Effective September 23, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51227.3. Source version: id_8ceb80b3-fcbe-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) The Instructional Quality Commission shall ensure that the environmental principles and concepts developed pursuant to Section 71301 of the Public Resources Code are integrated into the content standards and curriculum frameworks in the subjects of English language arts, science, history-social science, health, and, to the extent practicable, mathematics whenever those standards and frameworks are revised. (b) The environmental principles and concepts shall be incorporated, as the state board determines to be appropriate, in the criteria developed for textbook adoption required pursuant to Section 60200 or 60400. (Added by Stats. 2018, Ch. 374, Sec. 4. (SB 720) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51228. Source version: id_aeb8e2ca-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Each school district maintaining any of grades 7 to 12, inclusive, shall offer to all otherwise qualified pupils in those grades a course of study fulfilling the requirements and prerequisites for admission to the California public institutions of postsecondary education and shall provide a timely opportunity to each of those pupils to enroll within a four-year period in each course necessary to fulfill those requirements and prerequisites prior to graduation from high school. (b) Each school district maintaining any of grades 7 to 12, inclusive, shall offer to all otherwise qualified pupils in those grades a course of study that provides an opportunity for those pupils to attain entry-level employment skills in business or industry upon graduation from high school. Districts are encouraged to provide all pupils with a rigorous academic curriculum that integrates academic and career skills, incorporates applied learning in all disciplines, and prepares all pupils for high school graduation and career entry. (c) A school district that adopts a required curriculum that meets or exceeds the model standards developed and adopted by the state board pursuant to Section 51226 shall be deemed to have fulfilled its responsibilities pursuant to subdivision (b). (d) A school district that adopts a required curriculum pursuant to subdivision (c) that meets or exceeds the model standards developed by the state board pursuant to Section 51226, or that adopts alternative means for pupils to complete the prescribed course of study pursuant to subdivision (b) of Section 51225.3, may substitute pupil demonstration of competence in the prescribed subjects through a practical demonstration of these skills in a regional occupational center or program, work experience, interdisciplinary study, independent study, credit earned at a postsecondary institution, or other outside school experience, as prescribed by Section 51225.3. (Amended by Stats. 2008, Ch. 179, Sec. 50. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51228.1. Source version: id_a1a9cad3-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Commencing with the 2016–17 school year, except as provided in subdivision (e), a school district maintaining any of grades 9 to 12, inclusive, shall not assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to any course period without educational content for more than one week in any semester, unless all of the following conditions are satisfied: (1) A pupil is assigned to that course only if the pupil or, for a pupil who has not reached the age of majority, the pupil’s parent, guardian, or educational rights holder has consented in writing to the assignment. (2) A school official has determined that the pupil will benefit from being assigned to the course period. (3) The principal or assistant principal of the school has stated in a written document maintained at the school that, for the relevant school year, no pupils are assigned to those classes unless the school has met the conditions specified in paragraphs (1) and (2). (b) Under no circumstances shall a school district assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course period without educational content because there are not sufficient curricular course offerings for the pupil to take during the relevant period of the designated schoolday. (c) For purposes of this section, “course period without educational content” is defined as one course period during which any of the following occurs: (1) The pupil is sent home or released from campus before the conclusion of the designated schoolday. (2) The pupil is assigned to a service, instructional work experience, or to an otherwise named course in which the pupil is assigned to assist a certificated employee, but not expected to complete curricular assignments, in a course the certificated employee is teaching during that period and where the ratio of certificated employees to pupils assigned to the course for curricular purposes is less than one to one. (3) The pupil is not assigned to any course for the relevant course period. (d) Nothing in this section shall be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college, as provided for in Chapter 5 (commencing with Section 48800) of Part 27, to establish and maintain evening high school programs, as provided for in Article 3 (commencing with Section 51720) of Chapter 5, to offer independent study, as provided for in Article 5.5 (commencing with Section 51745) of Chapter 5, to provide courses of work-based learning or work experience education, as provided for in Article 7 (commencing with Section 51760) of Chapter 5, or to offer any class or course of instruction authorized under Chapter 5 (commencing with Section 51700), if the program otherwise meets all of the requirements of law governing that program. (e) This section shall not apply to a pupil enrolled in any of the following: (1) An alternative school. (2) A community day school. (3) A continuation high school. (4) An opportunity school. (f) The Superintendent shall develop regulations for adoption by the state board to establish procedures governing this section, including the form of the written statement required pursuant to subdivision (a). (Added by Stats. 2015, Ch. 703, Sec. 1. (AB 1012) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51228.2. Source version: id_a9d9e465-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Commencing with the 2016–17 school year, except as provided in subdivision (d), a school district maintaining any of grades 9 to 12, inclusive, shall not assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course that the pupil has previously completed and received a grade determined by the school district to be sufficient to satisfy the requirements and prerequisites for admission to the California public institutions of postsecondary education and the minimum requirements for receiving a diploma of graduation from high school established in this article, unless either of the following applies: (1) The course has been designed to be taken more than once because pupils are exposed to a new curriculum year to year and are therefore expected to derive educational value from taking the course again. (2) For any course that has not been designed to be taken more than once, all of the following conditions are satisfied: (A) A pupil is assigned to the course only if the pupil or, for a pupil who has not reached the age of majority, the pupil’s parent, guardian, or educational rights holder has consented in writing to the assignment for the purpose of improving a lower grade. (B) A school official has determined that the pupil will benefit from being assigned to the course period. (C) The principal or assistant principal of the school has stated in a written document to be maintained at the school that, for the relevant school year, no pupils are assigned to those classes unless the school has met the conditions specified in subparagraphs (A) and (B). (b) Under no circumstances shall a school district assign a pupil enrolled in any of grades 9 to 12, inclusive, in a school in the school district to a course that the pupil has previously completed and received a grade determined by the school district to be sufficient to satisfy the requirements and prerequisites for admission to the California public institutions of postsecondary education and the minimum requirements for receiving a diploma of graduation from high school established in this article because there are not sufficient curricular course offerings for the pupil to take during the relevant period of the designated schoolday. (c) Nothing in this section shall be interpreted to limit or otherwise affect the authority of a school district to authorize dual enrollment in community college, as provided for in Chapter 5 (commencing with Section 48800) of Part 27, to establish and maintain evening high school programs, as provided for in Article 3 (commencing with Section 51720) of Chapter 5, to offer independent study, as provided for in Article 5.5 (commencing with Section 51745) of Chapter 5, to provide courses of work-based learning or work experience education, as provided for in Article 7 (commencing with Section 51760) of Chapter 5, or to offer any class or course of instruction authorized under Chapter 5 (commencing with Section 51700), if the program otherwise meets all of the requirements of law governing that program. (d) This section shall not apply to a pupil enrolled in any of the following: (1) An alternative school. (2) A community day school. (3) A continuation high school. (4) An opportunity school. (e) The Superintendent shall develop regulations for adoption by the state board to establish procedures governing this section, including the form of the written statement required pursuant to subdivision (a). (Added by Stats. 2015, Ch. 703, Sec. 2. (AB 1012) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51228.3. Source version: id_b1c13527-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) A complaint of noncompliance with the requirements of Section 51228.1 or 51228.2 may be filed with the local educational agency under the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (b) A complainant not satisfied with the decision of a local educational agency may appeal the decision to the department pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations, and shall receive a decision regarding the appeal within 60 days of the department’s receipt of the appeal. (c) If a local educational agency finds merit in a complaint filed pursuant to subdivision (a), or the Superintendent finds merit in an appeal made pursuant to subdivision (b), the local educational agency shall provide a remedy to the affected pupil. (d) The Superintendent shall prepare an annual report detailing actions taken pursuant to this section. By January 1 of each year, the Superintendent shall submit the report to the appropriate fiscal and policy committees of the Legislature. (e) The Superintendent shall have all power and authority necessary to effectuate the requirements of this section. The Superintendent shall develop regulations for adoption by the state board that set forth the procedures governing this section. (Added by Stats. 2015, Ch. 703, Sec. 3. (AB 1012) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51229. Source version: id_f3f8751f-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) Each school year, as part of the annual notification required pursuant to Section 48980, a school district offering any of grades 9 to 12, inclusive, shall provide the parent or guardian of each minor pupil enrolled in any of those grades in the district with written notification that, to the extent possible, shall not exceed one page in length and that includes all of the following: (1) A brief explanation of the college admission requirements. (2) A list of the current University of California and California State University internet websites that help pupils and their families learn about college admission requirements and that list high school courses that have been certified by the University of California as satisfying the requirements for admission to the University of California and the California State University. (3) A brief description of what career technical education is, as defined by the department. (4) The internet address for the portion of the department’s internet website where pupils can learn more about career technical education. (5) Information about how pupils may meet with school counselors to help them choose courses at their schools that will meet college admission requirements or enroll in career technical education courses, or both. (6) A separate and distinct disclosure, provided as part of the school district’s annual parent notification, as required by the federal Family Education Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), that data may be shared with the California College Guidance Initiative to provide pupils and their families with direct access to online tools and resources for college and career planning. (7) Direction to the CaliforniaColleges.edu platform in order to access resources that help pupils and their families learn about college admissions requirements. (b) For purposes of this section, “college admission requirements” means the list of courses that satisfy the subject requirements for admission to the California State University and the University of California. (Amended by Stats. 2024, Ch. 38, Sec. 64. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 3. Courses of Study, Grades 7 to 12 [51220 - 51230] SECTION 51230. Source version: id_634c41c7-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=3. (a) If the governing board of a school district requires the completion of community service hours as a requirement for graduation from high school, the school district may provide a pupil with credit towards the community service hours required for graduation commensurate with the hours required for completion of a course in community emergency response training. (b) Subdivision (a) does not exempt the governing board of a school district from complying with the requirements of subdivision (b) of Section 51225.3. (Added by Stats. 2019, Ch. 70, Sec. 1. (AB 1062) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4. Exemptions from Requirements [51240 - 51246] SECTION 51240. Source version: id_d79ba695-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4. (a) If any part of a school’s instruction in health conflicts with the religious training and beliefs of a parent or guardian of a pupil, the pupil, upon written request of the parent or guardian, shall be excused from the part of the instruction that conflicts with the religious training and beliefs. (b) For purposes of this section, “religious training and beliefs” includes personal moral convictions. (Added by Stats. 2004, Ch. 896, Sec. 49. Effective September 29, 2004. Note: Similar provisions were in the previous Section 51240, which was enacted by Stats. 1976, Ch. 1010, and repealed by Stats. 2003, Ch. 650.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4. Exemptions from Requirements [51240 - 51246] SECTION 51240.5. Source version: id_310bb45a-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4. (a) A pupil in kindergarten or any of grades 1 to 12, inclusive, shall be granted an accommodation in connection with any physical activity components of a physical education course during a period of religious fasting upon the submission to the school principal of written notification from the pupil’s parent or guardian, if the pupil is less than 18 years of age, or from the pupil, if the pupil is 18 years of age or older, that the pupil is participating in religious fasting. (b) For purposes of calculating compliance with the instructional time requirements of paragraph (7) of subdivision (a) of Section 51210, subdivision (a) of Section 51222, and subdivision (a) of Section 51223, a pupil shall be credited with instructional time for any time for which the pupil was granted an accommodation in connection with engaging in physical activity components pursuant to this section, upon completion of alternative assignments or activities by the pupil. (Added by Stats. 2024, Ch. 960, Sec. 1. (AB 2377) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4. Exemptions from Requirements [51240 - 51246] SECTION 51241. Source version: id_56a56133-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4. (a) The governing board of a school district or the office of the county superintendent of schools of a county may grant a temporary exemption to a pupil from courses in physical education, if the pupil is one of the following: (1) Ill or injured and a modified program to meet the needs of the pupil cannot be provided. (2) Enrolled for one-half, or less, of the work normally required of full-time pupils. (b) (1) The governing board of a school district or the office of the county superintendent of schools of a county, with the consent of a pupil, may grant a pupil an exemption from courses in physical education for two years anytime during grades 10 to 12, inclusive, if the pupil has met satisfactorily at least five of the six standards of the physical performance test administered in grade 9 pursuant to Section 60800. (2) Pursuant to Sections 51210, 51220, and 51222, physical education is required to be offered to all pupils, and, therefore, schools are required to provide adequate facilities and instructional resources for that instruction. In this regard, paragraph (1) shall be implemented in a manner that does not create a new program or impose a higher level of service on a local educational agency. Paragraph (1) does not mandate any overall increase in staffing or instructional time because, pursuant to subdivision (d), pupils are not permitted to attend fewer total hours of class if they do not enroll in physical education. Paragraph (1) does not mandate any new costs because any additional physical education instruction that a local educational agency provides may be accomplished during the existing instructional day, with existing facilities. Paragraph (1) does not prevent a local educational agency from implementing any other temporary or permanent exemption authorized by this section. (c) The governing board of a school district or the office of the county superintendent of a county may grant permanent exemption from courses in physical education if the pupil complies with any one of the following: (1) Is 16 years of age or older and has been enrolled in grade 10 for one academic year or longer. (2) Is enrolled as a postgraduate pupil. (3) Is enrolled in a juvenile home, ranch, camp, or forestry camp school where pupils are scheduled for recreation and exercise pursuant to the requirements of Article 24 (commencing with Section 880) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code. (d) A pupil exempted under paragraph (1) of subdivision (b) or paragraph (1) of subdivision (c) shall not attend fewer total hours of courses and classes if he or she elects not to enroll in a physical education course than he or she would have attended if he or she had elected to enroll in a physical education course. (e) Notwithstanding any other law, the governing board of a school district also may administer to pupils in grades 10 to 12, inclusive, the physical performance test required in grade 9 pursuant to Section 60800. A pupil who meets satisfactorily at least five of the six standards of this physical performance test in any of grades 10 to 12, inclusive, is eligible for an exemption pursuant to subdivision (b). (Amended (as amended by Stats. 2008, Ch. 32) by Stats. 2009, Ch. 140, Sec. 56. (AB 1164) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4. Exemptions from Requirements [51240 - 51246] SECTION 51242. Source version: id_d79ba69b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4. The governing board of a school district may exempt any four-year or senior high school pupil from attending courses of physical education, if the pupil is engaged in a regular school-sponsored interscholastic athletic program carried on wholly or partially after regular school hours. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4. Exemptions from Requirements [51240 - 51246] SECTION 51243. Source version: id_1ddf3ae7-fce1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4. Credit shall be given for purposes of the course of study requirements prescribed by school district governing boards or other authorities having jurisdiction for grades 9 to 12, inclusive, to courses in world languages in private schools on the basis of their being at least equivalent to those that would be required for the pupil in a world language class in the same grade level in the public schools. The state board shall adopt rules and regulations prescribing standards and conditions pursuant to which credit shall be given for those purposes to pupils in the public schools who have successfully completed world language studies in private schools. (Amended by Stats. 2018, Ch. 865, Sec. 19. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4. Exemptions from Requirements [51240 - 51246] SECTION 51244. Source version: id_6ac92be9-fce1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4. The provisions of Section 51243 giving credit for world language courses given in private schools shall apply to courses in the following languages: Chinese, French, German, Greek (classical and modern), Hebrew (classical and modern), Italian, Japanese, Jewish, Latin, Spanish, and Russian, and other languages as the state board shall designate. (Amended by Stats. 2018, Ch. 865, Sec. 20. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4. Exemptions from Requirements [51240 - 51246] SECTION 51245. Source version: id_b7dee7db-fce1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4. For purposes of the credit that may be given pursuant to Sections 51243 and 51244 for world language courses undertaken in private schools, it shall not be required that instructors in the private schools be regularly credentialed teachers. (Amended by Stats. 2018, Ch. 865, Sec. 21. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4. Exemptions from Requirements [51240 - 51246] SECTION 51246. Source version: id_d79d2d43-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4. The governing board of a school district may exempt any pupil enrolled in his last semester or quarter, as the case may be, of the 12th grade who, pursuant to Section 46145 or 46147, is permitted to attend school less than 240 or 180 minutes per day, from attending courses of physical education; provided, however, that such pupil may not be exempted pursuant to this section from attending courses of physical education if such pupil would, after such exemption, attend school for 240 minutes or more per day. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4.5. Schoolage Military Dependents [51250 - 51251] SECTION 51250. Source version: id_0e8fc7dc-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4.5. The department shall establish a formal liaison with the United States Department of Defense and school districts and county offices of education that enroll military dependents to do all of the following: (a) Examine course credit transfer issues and establish guidelines for course credit transfer. (b) Develop procedures to facilitate the integration of military dependents into new public schools. (c) Establish procedures to assist military dependents in meeting local graduation requirements. (d) Create model memorandums of agreement between military bases and school districts or county offices of education regarding enabling schoolage military dependents to experience a smoother transition from one school to another school. (Added by Stats. 2006, Ch. 608, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4.5. Schoolage Military Dependents [51250 - 51251] SECTION 51251. Source version: id_d1f3b390-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4.5. (a) A governing board of a school district and a county office of education may undertake any or all of the following in order to properly address the needs of military dependents: (1) Establish a course credit transfer policy for schoolage military dependents provided that, under the policy, the military dependents would still substantially meet the graduation requirements prescribed by the governing board. A school district may require a military dependent, within reason, to meet the graduation requirements of the district, established pursuant to paragraph (2) of subdivision (a) of Section 51225.3, that are in addition to state graduation requirements. (2) Provide early entry transfer, pretranscript evaluation, pupil support services, and other similar assistance to aid schoolage military dependents in meeting graduation requirements. (b) A governing board of a school district may take the actions described in subdivision (a) if both of the following circumstances have been met: (1) The parent or legal guardian of the military dependent is serving on active duty or has been discharged from military service within the last year. (2) The transfer of the military dependent to a new school is the direct result of a military transfer or discharge of the parent or legal guardian of the dependent. (c) For purposes of this section, the following terms have the following meanings: (1) “Early entry transfer” means that a pupil shall have completed the transfer process prior to arriving on the campus of the school to which the pupil is transferring and that upon arrival at the school to which the pupil is transferring, the pupil shall be able to attend his or her assigned classes and participate in his or her desired extracurricular activities, if the pupil meets the eligibility requirements for those activities. (2) “Pretranscript evaluation” means that the school to which the pupil is transferring shall review the coursework-to-date of the pupil, including any unofficial transcripts, prior to the receipt of official transcripts or the arrival of the pupil. This evaluation process shall be designed to clarify any questions about the placement of the pupil in classes at the school to which the pupil is transferring and shall include communication with school counselors and teachers at the school from which the pupil is transferring by any or all of the following means: videoconferencing, e-mail correspondence, and telephone calls. (Amended by Stats. 2007, Ch. 130, Sec. 74. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 4.6. California Purple Star School Designation Program [51255- 51255.] SECTION 51255. Source version: id_e04b91b6-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=4.6. (a) The department shall establish a nonmonetary California Purple Star School Designation Program pursuant to this article in order to achieve both of the following goals: (1) Reduce the burden on military-connected pupils and their families by articulating the most critical transition supports for military-connected pupils and their families. (2) Publicly recognize and designate schools that meet certain requirements and signal which schools are the most committed and best equipped to meet military-connected pupils and their families’ unique needs. (b) (1) The department shall develop an application process that provides annual opportunities for schoolsites to earn the Purple Star School designation by demonstrating compliance with the application criteria adopted pursuant to paragraph (2). (2) The department shall adopt application criteria for schoolsites seeking the Purple Star School designation. The department shall consider including, as part of the application criteria, a requirement that a schoolsite do all of the following: (A) Demonstrate an active status designation, as identified by the department on the department’s internet website. (B) Designate a staff member to serve as a point of contact, who shall act as a liaison between military families and the schoolsite, easing military-connected pupils’ enrollment and acclimation period, and assist with pupils’ graduation requirements. (C) Provide professional development opportunities to train staff on the unique considerations for, and needs of, military-connected pupils. (D) Develop a dedicated webpage on the schoolsite’s internet website with easily accessible information and resources for military-connected families. (E) Provide a transition program to welcome and socially acclimate incoming military-connected pupils. This transition program may be pupil led. (F) Provide programming and events to include, celebrate, and honor service members and military-connected pupils and families, including community members. (c) (1) Once a schoolsite is awarded a Purple Star School designation, it shall display its active status designation, as identified by the department, on the schoolsite’s internet website. (2) A Purple Star School designation shall be valid for three years, after which a schoolsite seeking to renew its designation shall reapply pursuant to subdivision (b). (3) The department may request additional information to verify if a schoolsite that has earned a Purple Star School designation continues to adhere to the Purple Star School designation criteria adopted pursuant to paragraph (2) of subdivision (b). (4) (A) Notwithstanding paragraphs (1) and (2), if the department finds that a schoolsite that has earned a Purple Star School designation ceases to comply with the criteria adopted pursuant to paragraph (2) of subdivision (b) during the three-year designation period, the schoolsite shall lose the designation. (B) A schoolsite that loses the designation pursuant to subparagraph (A) may reapply pursuant to subdivision (b). (d) For purposes of this section, the following definitions apply: (1) “Military-connected pupil” means a schoolage child who is either of the following: (A) A dependent of a current or former member of any of the following: (i) The United States military, serving in the United States Air Force, United States Army, United States Coast Guard, United States Marine Corps, United States Navy, or United States Space Force on active duty. (ii) The California National Guard. (iii) A reserve force of the United States military. (B) Was a dependent of a member of a military or reserve force described in subparagraph (A) who was killed in the line of duty. (2) “Schoolsite” means a publicly funded school serving pupils in kindergarten or any of grades 1 to 12, inclusive. (Amended by Stats. 2025, Ch. 67, Sec. 58. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51260. Source version: id_d79eb3e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. (a) Instruction shall be given in the elementary and secondary schools by appropriately trained instructors on drug education and the effects of the use of tobacco, alcohol, narcotics, dangerous drugs, as defined in Section 11032 of the Health and Safety Code, and other dangerous substances. For purposes of this chapter, an “appropriately trained instructor” is one who, based upon the determination of the site administrator, demonstrates competencies in interacting in a positive manner with children and youth; demonstrates knowledge of the properties and effects of tobacco, alcohol, narcotics, and dangerous drugs; and who demonstrates skills in conducting affective education, which include methods and techniques for helping children and youth to freely express ideas and opinions in a responsible manner and to gain an awareness of their values as they affect decisions related to drug use and misuse. In grades 1 through 6, instruction on drug education should be conducted in conjunction with courses given on health pursuant to subdivision (f) of Section 51210. In grades 7 to 12, inclusive, instruction on drug education shall be conducted in conjunction with courses given on health or in any appropriate area of study pursuant to Section 51220. Such instruction shall be sequential in nature and suited to meet the needs of students at their respective grade level. (b) Services provided under this section shall be in addition to, but shall not be duplicative of, services provided pursuant to Article 2 (commencing with Section 11965) of Part 3 of Division 10.5 of the Health and Safety Code. (Amended by Stats. 1987, Ch. 880, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51261. Source version: id_d79eb3e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. Notwithstanding the provisions of Sections 44227 and 44228, the State Board of Education shall not accredit any teacher education institution for teacher certification purposes after the 1972–73 fiscal year unless it offers courses for prospective teachers on drug education and the effects of the use of tobacco, alcohol, narcotics, restricted dangerous drugs, as defined in Section 11032 of the Health and Safety Code, and other dangerous substances. The State Board of Education shall continually reevaluate approved teacher training institutions to insure that programs are in conformance with the intent of this section. (Repealed and added by Stats. 1977, Ch. 242.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51262. Source version: id_d79eb3eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. The Legislature hereby finds and declares that the use of anabolic steroids to expedite the physical development and to enhance the performance level of secondary school athletes presents a serious health hazard to these student athletes. It is the intent of the Legislature in enacting this measure that, beginning with the 1987–88 school year, schools be encouraged to include in instruction in grades 7 to 12, inclusive, in science, health, drug abuse, or physical education programs a lesson on the effects of the use of anabolic steroids. (Amended by Stats. 1994, Ch. 840, Sec. 24. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51263. Source version: id_d79eb3ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. The State Department of Education shall make available information on model drug and alcohol abuse prevention education programs developed and funded pursuant to Article 2 (commencing with Section 11965) of Chapter 2 of Part 3 of Division 10.5 of the Health and Safety Code, Chapter 7 (commencing with Section 13860) of Title 6 of Part 4 of the Penal Code, and other public and private sources. (Amended by Stats. 2003, Ch. 828, Sec. 29. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51264. Source version: id_76266425-2bb1-11e3-986d-eec746dc55f1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. (a) The State Department of Education shall prepare and distribute to school districts and county offices of education guidelines for incorporating in-service training in gang violence and drug and alcohol abuse prevention for teachers, counselors, athletic directors, school board members, and other educational personnel into the staff development plans of all school districts and county offices of education. (b) The department shall, upon request, assist school districts and county offices of education in developing comprehensive gang violence and drug and alcohol abuse prevention in-service training programs. The department’s information and guidelines, to the maximum extent possible, shall encourage school districts and county offices of education to avoid duplication of effort by sharing resources, adapting or adopting model in-service training programs, developing joint and collaborative programs, and coordinating efforts with existing state staff development programs, county gang violence and drug and alcohol staff development programs, county health departments, county and city law enforcement agencies, and other public and private agencies providing health, drug, alcohol, gang violence prevention, or other related services at the local level. (c) The department shall assist school districts and county offices of education in qualifying for the receipt of federal and state funds to support their gang violence and drug and alcohol abuse prevention in-service training programs. (d) Each school that chooses to utilize the provisions of this article related to in-service training in gang violence and drug and alcohol abuse prevention, is encouraged to develop a single plan to strengthen its gang violence and drug and alcohol abuse prevention efforts. If a school develops or has developed a school improvement plan pursuant to Article 2 (commencing with Section 52010) of Chapter 6 of Part 28, or a school safety plan pursuant to Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19, it is encouraged to incorporate into that plan, where appropriate, the gang violence and drug and alcohol prevention plan that it has developed. (e) The department shall consult with the Office of Emergency Services regarding gang violence. (Amended by Stats. 2013, Ch. 352, Sec. 72. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51265. Source version: id_d7a03a91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. It is the intent of the Legislature that school districts and county offices of education give high priority to gang violence and drug and alcohol abuse prevention in-service training programs, which shall be part of the overall strategy for comprehensive gang violence and drug and alcohol abuse prevention education. “Gang violence and drug and alcohol abuse prevention in-service training” for purposes of this article means the presentation of programs, instruction and curricula that will help educators develop competencies in interacting in a positive manner with children and youth to assist them in developing the positive values, self-esteem, knowledge, and skills to lead productive, gang-free and drug-free lives; develop knowledge of the causes of gang violence and substance abuse, and the properties and effects of tobacco, alcohol, narcotics, and dangerous drugs, including the risk of contracting acquired immune deficiency syndrome (AIDS) associated with intravenous drug use; receive training regarding available information and resources concerning gang violence and drug and alcohol abuse prevention as well as antigang and antisubstance abuse crime trends; develop familiarity with teaching social skills and resistance skills to children and youth; and develop skills in conducting effective education, which includes methods and techniques for helping children and youth to freely express ideas and opinions in a responsible manner and to understand the nature and consequences of their decisions as they relate to gang involvement and drug and alcohol abuse. (Added by Stats. 1988, Ch. 1048, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51266. Source version: id_80e3a923-0c97-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. (a) The Office of Emergency Services, in collaboration with the State Department of Education, shall develop a model gang violence suppression and substance abuse prevention curriculum for grades 2, 4, and 6. The curriculum for grades 2, 4, and 6 shall be modeled after a similar curriculum that has been developed by the Orange County Office of Education for grades 3, 5, and 7. The Office of Emergency Services, in collaboration with the State Department of Education, may contract with a county office of education for the development of the model curriculum. The model curriculum shall be made available to school districts and county offices of education and shall, at a minimum, provide for each of the following: (1) Lessons for grades 2, 4, and 6 that are aligned with the state curriculum frameworks for history, social science, and English and language arts. (2) Instructional resources that address issues of ethnic diversity and at-promise pupils. (3) The integration of the instructional resources of the Office of Emergency Services and the School/Law Enforcement Partnership in order to support the school curriculum and assist in the alignment of the state curriculum framework. (b) The Office of Emergency Services shall develop an independent evaluation of the pupil outcomes of the model gang violence suppression and substance abuse prevention curriculum program. (Amended by Stats. 2019, Ch. 800, Sec. 12. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51266.5. Source version: id_85163e69-2bb1-11e3-986d-eec746dc55f1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. The Rural Gang Task Force Subcommittee provided for by subdivision (g) of Section 13826.1 of the Penal Code, in collaboration with the Gang Violence Suppression Advisory Committee provided for by subdivision (g) of Section 13826.1 of the Penal Code and the Office of Emergency Services, shall review the model gang violence suppression and substance abuse prevention curriculum for grades 2, 4, and 6, developed pursuant to Section 51266, and identify methods by which the curriculum can best be utilized in rural school settings. (Amended by Stats. 2013, Ch. 352, Sec. 74. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51268. Source version: id_d7a03a97-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. The State Department of Education shall encourage school districts and county offices of education to avoid duplication of efforts with regard to education programs for the prevention of drug, alcohol, and tobacco abuse through the following methods: (a) The sharing of resources. (b) The adaptation or adoption of model programs. (c) The development of joint and collaborative programs. (d) Coordination of the local planning and implementation of state programs with local health, social services, criminal justice, and education agencies and other entities. (e) The use of a single community advisory committee or task force for drug, alcohol, and tobacco abuse prevention programs, as an alternative to the creation of a separate group for that purpose under each state or federally funded program. (Added by Stats. 1990, Ch. 923, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 5. Drug Education [51260 - 51269] SECTION 51269. Source version: id_e20fd2e3-e12a-11e2-8073-8b526af6a4e7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=5. (a) The State Department of Education shall collaborate, to the extent possible, with other state agencies that administer drug, alcohol, and tobacco abuse prevention education programs to streamline and simplify the process whereby local educational agencies apply for state and federal drug, alcohol, and tobacco education funds. (b) The State Department of Education, in consultation with the Department of Justice, Office of Emergency Services, the State Department of Public Health, and the State Department of Health Care Services, shall develop, to the extent possible, an ongoing statewide monitoring and assessment system to provide current and reliable data on the utilization of resources for programs for prevention of and early intervention for drug, alcohol, and tobacco abuse. The purpose of the system shall be to facilitate improved planning and program delivery among state and local agencies, including law enforcement, juvenile justice, county health, and county drug and alcohol agencies and programs, and communities. (Amended by Stats. 2013, Ch. 22, Sec. 6. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 6. Primary Education Model Curriculum for Lifelong Health, Aging, and Financial Literacy [51280 - 51284.5] SECTION 51280. Source version: id_d7a1c13d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=6. (a) The Legislature finds and declares all of the following: (1) There are profound personal and financial implications for Californians associated with the average life expectancy steadily increasing toward 100 years of age. (2) The savings rate among “boomers” continues to drop, while their cumulative debt continues to rise. (3) A majority of workers choose to “cash out” of their employment savings plans when changing jobs, rather than transferring the accounts upon job changes and maintaining their savings in these accounts. (4) It is estimated that 40 to 50 percent of “boomers” will likely find themselves living their later years in financial hardship. (5) Californians should be financially prepared for, and aware of, the lifelong health issues associated with later life. (b) It is the intent of the Legislature to enact legislation that will result in the education of all Californians regarding our prospect of becoming an “aging” state, including education as to all of the following: (1) The changes we can expect in the later years of our lives. (2) The changes we can expect of a society that is growing older. (3) How we can be better prepared to sustain ourselves and our society in the coming years. (4) The financial realities of living for a century. (5) The importance of saving and financial planning. (6) The financial benefits of healthful living and disease prevention. (7) A new vision of aging, thereby dispelling ageist myths. (8) An understanding of chronic disease and illness, with an emphasis on disease prevention and health in later life. (Added by Stats. 2002, Ch. 541, Sec. 10. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 6. Primary Education Model Curriculum for Lifelong Health, Aging, and Financial Literacy [51280 - 51284.5] SECTION 51282. Source version: id_d7a1c13f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=6. (a) It is the intent of the Legislature to enact legislation to establish educational requirements in order to instill in California’s youth a sense of importance about lifelong financial planning and preparation, including, among other things, the costs of health care, in a much-extended later life. (b) Educational institutions have developed a model curriculum in lifelong healthy aging and financial preparedness, with materials, free of charge, for the Superintendent of Public Instruction to disseminate to school teachers at the local level. (c) The Superintendent of Public Instruction shall make this existing curriculum available to teachers, using materials that are currently available at no cost, with information and links provided through the Internet, in order to provide to students in grades 7 to 12, inclusive, instruction on human growth, human development, and financial preparedness. (Added by Stats. 2002, Ch. 541, Sec. 10. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 6. Primary Education Model Curriculum for Lifelong Health, Aging, and Financial Literacy [51280 - 51284.5] SECTION 51284. Source version: id_15337f64-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=6. Concurrently with, but not prior to, the next revision of textbooks or curriculum frameworks in the social sciences, health, and mathematics curricula, the state board shall ensure that these academic areas integrate components of human growth, human development, and human contribution to society, across the life course, and also financial literacy, including, but not limited to, budgeting and managing credit, student loans, consumer debt, and identity theft security. (Amended by Stats. 2013, Ch. 135, Sec. 3. (AB 166) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 2. Required Courses of Study [51200 - 51284.5] ARTICLE 6. Primary Education Model Curriculum for Lifelong Health, Aging, and Financial Literacy [51280 - 51284.5] SECTION 51284.5. Source version: id_cbeeb510-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=2.&article=6. Notwithstanding Section 51284, when the history-social science curriculum framework is revised after January 1, 2017, the Instructional Quality Commission shall consider including both of the following: (a) Age-appropriate information for grade spans, as listed in paragraphs (1) to (3), inclusive, of subdivision (b), on financial literacy that includes, but is not limited to, all of the following: (1) Fundamentals of banking for personal use, including, but not limited to, savings and checking and managing to minimize fees. (2) Principles of budgeting for independent living. (3) Employment and understanding factors that affect net income, including the topics described in subdivision (a) of Section 49110.5. (4) Uses and effects of credit, including managing credit scores and the relation of debt and interest to credit. (5) Uses and costs of loans, including student loans, as well as policies that provide student loan forgiveness. (6) Types and costs of insurance, including home, auto, health, and life insurance. (7) Impacts of the tax system, including its impact on personal income, the process to file taxes, and how to read tax forms and pay stubs. (8) Principles of investing and building wealth, including investment alternatives to build financial security, including tax-advantaged investments such as pensions and 401(k) plans, individual retirement accounts (IRAs), and stocks, bonds, mutual funds, and index funds. (9) Enhancing consumer protection skills by raising awareness of common scams and frauds and preventing identity theft. (10) Identifying means to finance college, workforce education, low-cost community college options, and other career technical educational pathways or apprenticeships. Financing options covered may include scholarships, merit aid, the California Kids Investment and Development Savings Program, as established in Article 19.5 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3, and student loans. (11) Understanding how psychology can impact one’s financial well-being. (12) Charitable giving. (13) Other topics that are directly and specifically relevant to personal finance. (b) Age-appropriate content related to the topics listed in paragraphs (1) to (13), inclusive, of subdivision (a), at least twice in each of the following grade spans: (1) Kindergarten and grades 1 to 5, inclusive. (2) Grades 6 to 8, inclusive. (3) Grades 9 to 12, inclusive. (Amended by Stats. 2025, Ch. 8, Sec. 47. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 1. Elementary School Diploma [51400 - 51403] SECTION 51400. Source version: id_d7a4ce87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=1. The governing board of any school district maintaining an elementary school may provide for the conferring of diplomas of graduation, by examination, and may issue diplomas of graduation from the elementary schools of the district and from special day and evening classes of elementary grade maintained by the district of any type or class. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 1. Elementary School Diploma [51400 - 51403] SECTION 51401. Source version: id_d7a4ce89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=1. Nothing in this article shall be construed as prohibiting the governing board of any school district from issuing diplomas of graduation without examination to the pupils in any school which has been accredited by the county board of education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 1. Elementary School Diploma [51400 - 51403] SECTION 51402. Source version: id_d7a4ce8b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=1. The diplomas of graduation from elementary schools shall be conferred only upon the pupils who have completed the course of study prescribed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 1. Elementary School Diploma [51400 - 51403] SECTION 51403. Source version: id_d7a4ce8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=1. Elementary school diplomas granted by the governing board of a school district may be on blanks furnished by the Superintendent of Public Instruction or on forms provided by the district, which shall be subject to the approval of the Superintendent of Public Instruction. All diplomas shall be signed by a majority of the members of the board or its designated representative. Facsimile signatures or signature stamps may be used for this purpose. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 2. Diplomas [51410 - 51413] SECTION 51410. Source version: id_d7a65531-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=2. No diploma, certificate or other document which is conferred upon a pupil as evidence of his completion of a prescribed course of study or training shall bear any distinctive marking or words which indicate that the pupil upon whom it was conferred was, for purposes of his course of study or training, placed within a particular classification based upon his intellectual or mental capacity. The provisions of this section shall not be construed to prevent a diploma, certificate or other document from indicating that the pupil upon whom it is conferred maintained exceptionally high grades during his course of study or training, or that he completed his course with honors, or to prevent the governing board of any school district from publicizing such information. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 2. Diplomas [51410 - 51413] SECTION 51411. Source version: id_d7a65533-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=2. No governing board of any school district maintaining a high school shall require as a condition for graduation from the high schools within the district that a pupil have resided within the district for any minimum length of time. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 2. Diplomas [51410 - 51413] SECTION 51412. Source version: id_d7a65535-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=2. No diploma, certificate or other document, except transcripts and letters of recommendation, shall be conferred on a pupil as evidence of completion of a prescribed course of study or training, or of satisfactory attendance, unless the pupil has met the standards of proficiency in basic skills prescribed by the governing board of the high school district, or equivalent thereof. (Amended by Stats. 2000, Ch. 1058, Sec. 43. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 2. Diplomas [51410 - 51413] SECTION 51413. Source version: id_cd65cd70-e410-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=2. (a) Notwithstanding any other law, the governing board or body of a local educational agency, and the department on behalf of state special schools, shall grant a diploma of graduation from high school to any pupil who completed grade 12 in the 2003–04 school year through the 2014–15 school year and met all applicable graduation requirements other than the passage of the high school exit examination required pursuant to former Section 60851, as that section read on January 1, 2017. (b) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2017, Ch. 641, Sec. 11. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51420. Source version: id_87577352-e419-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. The Superintendent shall issue a California high school equivalency certificate and an official score report, or an official score report only, to any person who has not completed high school and who meets all of the following requirements: (a) Is a resident of this state or is a member of the armed services assigned to duty in this state. (b) Has taken all or a portion of a high school equivalency test that has been approved by the state board and that is administered by a testing center approved by the department, with a score determined by the state board to be equal to the standard of performance expected from high school graduates. (c) Meets one of the following: (1) Is at least 18 years of age. (2) Would have graduated from high school had he or she remained in school and followed the usual course of study toward graduation. (3) Is at least 17 years of age, has accumulated fewer than 100 units of high school credit, and is confined to a state or county hospital or to an institution maintained by a state or county correctional agency. (4) (A) Is at least 17 years of age, has accumulated fewer than 100 units of high school credit prior to enrollment in the academic program described in this paragraph, and has successfully completed the academic program offered by a dropout recovery high school that provides the pupil with all of the following: (i) Instruction aligned to state academic content standards. (ii) The opportunity to complete the requirements for a high school diploma. (iii) At least one year of instruction or instruction followed by services related to the academic program. (B) For purposes of this paragraph, “dropout recovery high school” has the same meaning as set forth in subparagraph (D) of paragraph (4) of subdivision (a) of Section 52052. (Amended by Stats. 2017, Ch. 663, Sec. 1. (AB 1176) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51421. Source version: id_a29ddf54-e419-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. (a) The Superintendent may charge a one-time only fee, established by the state board, to be submitted by an examinee when registering for the test sufficient in an amount not greater than the amount required to pay the cost of administering this article, including costs related to subdivision (b), and for the cost of providing services related to the completion of a high school equivalency test that has been approved by the state board. The amount of each fee may not exceed twenty dollars ($20) per person. (b) The examinee shall be responsible for submitting to the Superintendent both of the following requests: (1) A request for a duplicate copy of the high school equivalency certificate. (2) A request to forward a report of the results of a high school equivalency test approved by the state board to a postsecondary educational institution. (Amended by Stats. 2017, Ch. 663, Sec. 2. (AB 1176) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51421.5. Source version: id_23111c54-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. (a) If, for purposes of this article, a contractor or testing center charges an examinee its own separate fee, the contractor or testing center shall not charge that fee to an examinee who meets all of the following criteria: (1) The examinee qualifies as a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), or as a foster youth, as defined in subdivision (f). (2) The examinee has not attained 25 years of age as of the date of the scheduled examination. (3) For an examinee who qualifies as a homeless child or youth pursuant to paragraph (1), the examinee can verify his or her status as a homeless child or youth. A homeless services provider that has knowledge of the examinee’s housing status may verify the examinee’s status for purposes of this paragraph. (b) For purposes of this section, a “homeless services provider” includes either of the following: (1) A homeless services provider listed in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) Any other person or entity that is qualified to verify an individual’s housing status, as determined by the department. (c) Additional state funds shall not be appropriated for purposes of implementing this section. (d) The Superintendent shall adopt emergency regulations, as necessary, to implement this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. (e) The department shall include a provision in all memorandums of understanding with contractors for purposes of providing a high school equivalency test, that if the surplus funds in the Special Deposit Fund Account are depleted, the ongoing costs of a fee waiver for an examinee deemed eligible for a waiver pursuant to this section shall be absorbed by the contractor. (f) For purposes of this section, a “foster youth” means any individual who meets or has ever met one of the following criteria: (1) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. (2) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. (g) This section shall become operative on July 1, 2019. (Amended (as added by Stats. 2015, Ch. 384, Sec. 4) by Stats. 2016, Ch. 697, Sec. 3. (AB 2656) Effective January 1, 2017. Section operative July 1, 2019, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51422. Source version: id_1179717d-fce2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. Each scoring contractor shall provide the Superintendent with a set of results for each examinee who has taken all or a portion of a high school equivalency test that has been approved by the state board. Each scoring contractor shall forward to the Superintendent the fee established pursuant to Section 51421 for each examinee who has taken the general educational development test. (Amended by Stats. 2018, Ch. 92, Sec. 55. (SB 1289) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51423. Source version: id_dc3efc38-e419-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. (a) (1) The Superintendent may provide for the administration of a high school equivalency test that has been approved by the state board to persons confined to state or county hospitals or to institutions maintained by state or county correctional agencies. (2) Those agencies, upon request, shall reimburse the Superintendent in an amount sufficient to pay the cost of administering the test. (b) Notwithstanding any other law, the Superintendent may grant a waiver to a county office of education to provide a preparation program, for a high school equivalency test that has been approved by the state board, as part of any other instructional program during the regular schoolday to a person who is at least 17 years of age, has accumulated insufficient units of high school credit to graduate from high school by 18 years of age, and is confined to a state or county hospital or to an institution maintained by a state or county correctional agency. (Amended by Stats. 2017, Ch. 663, Sec. 4. (AB 1176) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51424. Source version: id_d7a7dbe1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. The Superintendent of Public Instruction shall keep a permanent record of California high school equivalency certificates issued pursuant to this article. (Amended by Stats. 2002, Ch. 163, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51425. Source version: id_d7a7dbe3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. A California high school equivalency certificate shall be deemed to be a high school diploma for the purpose of meeting the requirements of employment by all state and local public agencies in this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51426. Source version: id_d7a7dbe5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. The State Board of Education shall adopt rules and regulations necessary to implement this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3. High School Equivalency Certificates [51420 - 51427] SECTION 51427. Source version: id_d7a7dbe7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3. Pursuant to Section 16370 of the Government Code, there is hereby authorized in the State Treasury a Special Deposit Fund Account, which shall consist of fees that may be prescribed by Sections 51421 and 51423. All of the fees collected are hereby appropriated without regard to fiscal year for the support of the Department of Education to be used pursuant to this article. (Amended by Stats. 1985, Ch. 1546, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3.5. Retroactive High School Diplomas [51430 - 51442] SECTION 51430. Source version: id_6dac7656-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3.5. (a) Notwithstanding any other law, a high school district, unified school district, county office of education, or the governing body of a charter school may retroactively grant a high school diploma to a person who has not received a high school diploma if they meet any of the following conditions: (1) The person was interned by order of the federal government during World War II and was enrolled in a high school operated by the school district or under the jurisdiction of the county office of education immediately preceding their internment and did not receive a high school diploma because their education was interrupted due to their internment during World War II. (2) The person is a veteran of World War II, the Korean War, or the Vietnam War; was honorably discharged from their military service; was enrolled in a high school operated by the school district or under the jurisdiction of the county office of education immediately preceding their military service in those wars; and did not receive a high school diploma because their education was interrupted due to their military service in those wars. (3) The person has departed California against their will, as defined in subdivision (d) of Section 48204.4, and, at the time of their departure, was enrolled in grade 12 of a high school operated by the school district, by or under the jurisdiction of the county office of education, or by the charter school; did not receive a high school diploma because their education was interrupted due to their departure; and was in good academic standing at the time of their departure. In making an evaluation as to whether to award a high school diploma to a pupil who meets the conditions of this paragraph, a school district, county office of education, or charter school shall consider any coursework that may have been completed by the pupil outside of the United States or that may have been completed by the pupil through online or virtual courses. (4) The person was in their senior year of high school during the 2019–20 school year; in good academic standing and on track to graduate at the end of the 2019–20 school year, as of March 1, 2020; and unable to complete the statewide graduation requirements as a result of the COVID-19 crisis. (b) A high school district, unified school district, or county office of education may retroactively grant a high school diploma to a deceased person who meets the conditions of paragraph (1) or (2) of subdivision (a), to be received by the next of kin of the deceased person. (Amended by Stats. 2020, Ch. 66, Sec. 2. (AB 1350) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3.5. Retroactive High School Diplomas [51430 - 51442] SECTION 51440. Source version: id_23d436af-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3.5. (a) (1) Notwithstanding any other provision of law, subject to regulations that the state board shall prescribe, a high school district, unified school district, or county office of education maintaining a four-year high school or senior high school, may, for a person who has not received a high school diploma included in paragraph (2), evaluate classes completed in any high school, community college, or state college; grant credit toward graduation for military service and training received while in the military service of the United States, and if satisfied that that person has completed the equivalent of the requirements for graduation from high school, grant him or her a diploma of graduation. (2) Persons who may be granted a diploma pursuant to paragraph (1) are: (A) A former member of the Armed Forces who is a resident of this state and who has received an honorable discharge. (B) A member of the Armed Forces who is, and on the date he or she entered the Armed Forces was, a resident of this state. (b) A veteran who entered the military service of the United States while a pupil in grade 12 of a high school and who at the time of his or her entrance into military service had satisfactorily completed the first half of the work required for grade 12 shall be granted a diploma of graduation from that high school. (Amended by Stats. 2004, Ch. 255, Sec. 4. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 3.5. Retroactive High School Diplomas [51430 - 51442] SECTION 51442. Source version: id_24655321-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=3.5. For purposes of this article, “veteran” means a person who has served 90 days or more in the military service of the United States during a war with a foreign power or during any national emergency declared by the President of the United States and who has received an honorable discharge from that service. (Amended by Stats. 2004, Ch. 255, Sec. 6. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 5. Golden State Seal Merit Diploma [51450 - 51455] SECTION 51450. Source version: id_d7ac6fd7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=5. The Golden State Seal Merit Diploma is hereby established as an honors diploma to recognize high school graduates who have mastered the high school curriculum. The Golden State Seal Merit Diploma shall be awarded jointly by the State Board of Education and the Superintendent of Public Instruction to each qualifying high school student. (Added by Stats. 1996, Ch. 204, Sec. 13. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 5. Golden State Seal Merit Diploma [51450 - 51455] SECTION 51451. Source version: id_d7ac6fd9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=5. A student who meets the following requirements shall qualify for a Golden State Seal Merit Diploma: (a) The completion of all requirements for a high school diploma. (b) A demonstration of the mastery of the curriculum in at least six subject matter areas, four of which shall be mathematics, English language arts, science, and United States history, with the remaining two subject matter areas selected by the student. (Added by Stats. 1996, Ch. 204, Sec. 13. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 5. Golden State Seal Merit Diploma [51450 - 51455] SECTION 51452. Source version: id_5b75d505-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=5. The state board shall determine and adopt, based upon the recommendations of the Superintendent, the following: (a) The means by which pupils may demonstrate mastery of the curriculum. For subject matter areas, the means may include, but shall not be limited to, any subject matter examinations deemed appropriately rigorous by the state board. For this purpose, the state board may designate examinations administered by or under the auspices of the department, or examinations produced by private providers or local educational agencies, that are supervised and administered under conditions that are deemed adequate by the state board. (b) Pupil performance standards or achievement levels that demonstrate mastery of the curriculum. (Amended by Stats. 2009, Ch. 303, Sec. 13. (SB 509) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 5. Golden State Seal Merit Diploma [51450 - 51455] SECTION 51453. Source version: id_d7ac6fdd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=5. Under the policy direction of the State Board of Education and the administrative leadership of the Superintendent of Public Instruction, the State Department of Education shall do the following: (a) Ensure that the results of the Golden State Examination are sent to school districts in a timely manner and work with providers of other examinations to provide timely information to school districts on students who have met the performance standards so that school districts can efficiently maintain student records and identify pupils who meet the requirements of the Golden State Seal Merit Diploma. (b) Prepare and distribute to school districts an appropriate insignia to be affixed to a student’s diploma and transcript indicating that the student has been awarded a Golden State Seal Merit Diploma by the State Board of Education and the Superintendent of Public Instruction. (c) Consider whether it would be appropriate and feasible to provide any additional awards to recipients of the Golden State Seal Merit Diploma. (Added by Stats. 1996, Ch. 204, Sec. 13. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 5. Golden State Seal Merit Diploma [51450 - 51455] SECTION 51454. Source version: id_d7ac6fdf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=5. Each school district that confers high school diplomas shall maintain appropriate records in order to identify students who have earned a Golden State Seal Merit Diploma, and shall affix the appropriate insignia to the diploma and transcript of each student that earns a Golden State Seal Merit Diploma. (Added by Stats. 1996, Ch. 204, Sec. 13. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 5. Golden State Seal Merit Diploma [51450 - 51455] SECTION 51455. Source version: id_d7ac6fe1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=5. (a) It is the intent of the Legislature that no fee or other cost be charged to any pupil pursuant to this article. However, notwithstanding any other provision of law, a school district receiving funds pursuant to Chapter 1 (commencing with Section 54000) of Part 29 may expend any portion of those funds to pay for all or part of the costs of one or more examinations pursuant to this article that are charged to economically disadvantaged pupils. (b) An economically disadvantaged pupil means a pupil from a family that receives Aid to Families with Dependent Children. (Added by Stats. 1996, Ch. 204, Sec. 13. Effective July 22, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 6. State Seal of Biliteracy [51460 - 51464] SECTION 51460. Source version: id_bbf36941-fce2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=6. (a) The State Seal of Biliteracy is established to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English. The State Seal of Biliteracy shall be awarded by the Superintendent. School district participation in this program is voluntary. (b) The purposes of the State Seal of Biliteracy are as follows: (1) To encourage pupils to study languages. (2) To certify attainment of biliteracy. (3) To provide employers with a method of identifying people with language and biliteracy skills. (4) To provide universities with a method to recognize and give academic credit to applicants seeking admission. (5) To prepare pupils with 21st century skills. (6) To recognize and promote world language instruction in public schools. (7) To strengthen intergroup relationships, affirm the value of diversity, and honor the multiple cultures and languages of a community. (Amended by Stats. 2018, Ch. 865, Sec. 22. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 6. State Seal of Biliteracy [51460 - 51464] SECTION 51461. Source version: id_4a688afb-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=6. (a) The State Seal of Biliteracy certifies attainment of a high level of proficiency by a graduating high school pupil in one or more languages, in addition to English, and certifies that the graduate meets the following criteria for being proficient in English and one or more languages other than English: (1) Proficiency in English shall be demonstrated through one of the following requirements: (A) Completion of all English language arts requirements for graduation with an overall grade point average of 3.0 or above in those classes. Completion of one or more English language arts courses at a public higher education institution or an independent institution of higher education, as described in subdivisions (a) and (b) of Section 66010, with a grade equivalent to a grade point average of 3.0 or above may also be used to satisfy one or more course requirements of this subparagraph. (B) Passing the California Assessment of Student Performance and Progress for English language arts, or any successor test, administered in grade 11, at or above the “standard met” achievement level, or at the achievement level determined by the Superintendent for any successor test. (C) (i) Passing an English Advanced Placement examination with a score of 3 or higher or an English International Baccalaureate examination with a score of 4 or higher. (ii) For purposes of clause (i), “English Advanced Placement” means Advanced Placement English Language and Composition, Advanced Placement English Literature and Composition, or Advanced Placement Seminar. (D) Achieving a score of 480 or higher on the Evidence-Based Reading and Writing section of the SAT. (2) Proficiency in one or more languages other than English shall be demonstrated through one of the following requirements: (A) Passing a world language Advanced Placement examination with a score of 3 or higher, passing a world language International Baccalaureate examination with a score of 4 or higher, or passing a world language ACTFL Writing Proficiency Test (WPT) and an Oral Proficiency Interview (OPI) with scores of Intermediate Mid or higher. (B) Successful completion of a four-year course of study of content in a world language at a high school or higher level attaining an overall grade point average of 3.0 or above in that course of study, and oral proficiency in the language comparable to that required pursuant to subparagraph (A). Pupils may also satisfy the requirements of this subparagraph by either or both of the following: (i) Successful completion of high school level courses completed in another country in a language other than English with the equivalent of an overall grade point average of 3.0 or above, as verified through a transcript. (ii) Completion of one or more world language courses at a public higher education institution or an independent institution of higher education, as described in subdivisions (a) and (b) of Section 66010, with a grade equivalent to a grade point average of 3.0 or above and oral proficiency in the language comparable to that required pursuant to subparagraph (A), as verified through a transcript. (C) (i) If no Advanced Placement examination or off-the-shelf language test exists and the school district can certify to the Superintendent that the test meets the rigor of a four-year high school course of study in that world language, passing a school district language examination that, at a minimum, assesses speaking, reading, and writing in a language other than English at the proficient level or higher. If a school district offers a language examination in a language in which an Advanced Placement examination or off-the-shelf language test exists, the school district language examination shall be approved by the Superintendent for the purpose of determining proficiency in a language other than English. (ii) Notwithstanding clause (i), a pupil who seeks to qualify for the State Seal of Biliteracy through a language that is not characterized by listening, speaking, or reading, or for which there is no written system, shall pass an assessment on the modalities that characterize communication in that language at the proficient level or higher. (b) If a pupil in any of grades 9 to 12, inclusive, is an English learner, the pupil shall meet both of the following criteria in order to qualify for the State Seal of Biliteracy: (1) Attain an Oral Language composite score of level 4 on the English Language Proficiency Assessments for California, or any successor English oral language proficiency assessment, in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive. (2) Demonstrate proficiency in English through one of the accomplishments listed in paragraph (1) of subdivision (a) and demonstrate proficiency in one or more languages other than English through one of the accomplishments listed in paragraph (2) of subdivision (a). (c) For languages in which an Advanced Placement test is not available, the Superintendent may provide a listing of equivalent summative tests that school districts may use in place of an Advanced Placement test for purposes of subparagraph (A) of paragraph (2) of subdivision (a). A school district may provide the Superintendent with a list of equivalent summative tests that the school district uses in place of an Advanced Placement test for purposes of subparagraph (A) of paragraph (2) of subdivision (a). The Superintendent may use lists received from school districts in developing the Superintendent’s list of equivalent summative tests. (d) For purposes of this article, “world language” has the same meaning as defined in Section 91. (e) Notwithstanding subdivision (a), for those pupils on track to graduate in 2022 and who were unable to take the assessment identified in subparagraph (B) of paragraph (1) of subdivision (a), the Superintendent may use the assessments identified in Section 121 of Chapter 44 of the Statutes of 2021 to determine whether a pupil obtained the achievement level on a grade 11 English language arts assessment for the purposes of subparagraph (B) of paragraph (1) of subdivision (a). (Amended by Stats. 2023, Ch. 326, Sec. 1. (AB 370) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 6. State Seal of Biliteracy [51460 - 51464] SECTION 51462. Source version: id_9e1edc07-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=6. The Superintendent shall do both of the following: (a) Prepare and deliver to participating school districts an appropriate insignia to be affixed to the diploma or transcript of the pupil indicating that the pupil has been awarded a State Seal of Biliteracy by the Superintendent. (b) Provide other information it deems necessary for school districts to successfully participate in the program. (Added by Stats. 2011, Ch. 618, Sec. 2. (AB 815) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 6. State Seal of Biliteracy [51460 - 51464] SECTION 51463. Source version: id_9e1f0319-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=6. A school district that participates in the program under this article shall do both of the following: (a) Maintain appropriate records in order to identify pupils who have earned a State Seal of Biliteracy. (b) Affix the appropriate insignia to the diploma or transcript of each pupil who earns a State Seal of Biliteracy. (Added by Stats. 2011, Ch. 618, Sec. 2. (AB 815) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 6. State Seal of Biliteracy [51460 - 51464] SECTION 51464. Source version: id_9e1f513b-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=6. It is the intent of the Legislature that no fee be charged to a pupil pursuant to this article. (Added by Stats. 2011, Ch. 618, Sec. 2. (AB 815) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 7. State Seal of Civic Engagement [51470 - 51475] SECTION 51470. Source version: id_4bc7586a-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=7. It is the intent of the Legislature to establish a State Seal of Civic Engagement to encourage, and create pathways for, pupils in elementary and secondary schools to become civically engaged in democratic governmental institutions at the local, state, and national levels. (Added by Stats. 2017, Ch. 604, Sec. 1. (AB 24) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 7. State Seal of Civic Engagement [51470 - 51475] SECTION 51471. Source version: id_e2ce1de8-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=7. (a) On or before January 1, 2020, the Superintendent shall recommend to the state board criteria for awarding a State Seal of Civic Engagement to pupils who have demonstrated excellence in civics education and participation and have demonstrated an understanding of the United States Constitution, the California Constitution, and the democratic system of government. In developing criteria for the State Seal of Civic Engagement, the Superintendent shall incorporate the Six Proven Practices for Effective Civic Learning, developed by the Education Commission of the States, and any and all other best practices for civic learning and engagement. In developing criteria for the State Seal of Civic Engagement, the Superintendent shall also consult with a diverse group of credentialed, current, classroom teachers who teach the subject of history-social science, including government, in secondary schools. The Superintendent shall also consider including criteria based on each of the following: (1) Successful completion of history, government, and civics courses, including courses that incorporate character education. (2) Voluntary participation in community service or extracurricular activities. (3) Any other related requirements as it deems appropriate. (b) In developing criteria pursuant to subdivision (a), the Superintendent shall ensure, to the greatest extent feasible, that the criteria: (1) Provide all pupils with an opportunity to earn the State Seal of Civic Engagement. (2) Recognize pupil excellence or outstanding achievement. (3) Are not based primarily on pupil achievement that is already recognized through grades or other standard measures of pupil achievement. (4) To the extent possible, result in a seal that confers some benefit to pupils beyond secondary school. (c) On or before January 31, 2021, the state board shall adopt, reject, or modify the criteria recommended by the Superintendent pursuant to subdivision (a). (d) When the state board next revises the criteria for the State Seal of Civic Engagement, the Superintendent shall recommend revised criteria to the state board for awarding the State Seal of Civic Engagement, requiring, along with meeting all other eligibility criteria for the award, a demonstrated understanding of the importance of preserving democracy and its vital institutions, including, but not limited to, the free press, free access to libraries, compulsory education, and the federalist system. The Superintendent shall limit recommendations to content that is not already included in the criteria established pursuant to subdivision (c). (e) School district participation in this program is voluntary. (Amended by Stats. 2025, Ch. 692, Sec. 1. (AB 422) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 7. State Seal of Civic Engagement [51470 - 51475] SECTION 51472. Source version: id_4bc7586e-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=7. The Superintendent shall do both of the following: (a) Prepare and deliver to participating school districts an appropriate insignia to be affixed to the diploma or transcript of the pupil indicating that the pupil has been awarded a State Seal of Civic Engagement by the Superintendent. (b) Provide other information he or she deems necessary for school districts to successfully participate in the program. (Added by Stats. 2017, Ch. 604, Sec. 1. (AB 24) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 7. State Seal of Civic Engagement [51470 - 51475] SECTION 51473. Source version: id_4bc77f80-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=7. A school district that participates in the program under this article shall do both of the following: (a) Maintain appropriate records in order to identify pupils who have earned a State Seal of Civic Engagement. (b) Affix the appropriate insignia to the diploma or transcript of each pupil who earns a State Seal of Civic Engagement. (Added by Stats. 2017, Ch. 604, Sec. 1. (AB 24) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 7. State Seal of Civic Engagement [51470 - 51475] SECTION 51474. Source version: id_4bc77f82-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=7. No fee shall be charged to a pupil to receive a State Seal of Civic Engagement. (Added by Stats. 2017, Ch. 604, Sec. 1. (AB 24) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 3. Diplomas and Certificates [51400 - 51475] ARTICLE 7. State Seal of Civic Engagement [51470 - 51475] SECTION 51475. Source version: id_e5b4bce2-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=3.&article=7. (a) The California Serves Program is hereby established under the administration of the department, in collaboration with CaliforniaVolunteers, for purposes of promoting access to effective service learning for pupils in grade 12 who are enrolled at participating local educational agencies, with the goal of expanding access for high school graduates in obtaining a State Seal of Civic Engagement through service learning. (b) The department, in partnership with CaliforniaVolunteers, shall do all of the following: (1) Review the available evidence on ways to incorporate effective service learning for pupils in grades 9 to 12, inclusive, and, on or before January 1, 2024, provide recommendations to the Legislature, consistent with Section 9795 of the Government Code and consistent with the recommended criteria and implementation guidance for the State Seal of Civic Engagement pursuant to this article, on evidence-based strategies to expand access to high-quality service learning programs in California high schools and promote equitable access to these programs. (2) On or before January 1, 2024, develop and post on the department’s and CaliforniaVolunteers’ internet websites evidence-based strategies for expanding access to high-quality service learning programs that may be used by teachers and local educational agencies. (3) Develop model uniform metrics, based on the recommended criteria for the State Seal of Civic Engagement, for the measurement of pupil progress toward academic, civic engagement, and other learning objectives. Civic learning objectives shall include the final goal of awarding of the State Seal of Civic Engagement pursuant to this article. (4) Use the evidence, recommendations, and metrics identified pursuant to paragraphs (1) to (3), inclusive, in the administration of the California Serves Program. (c) (1) Commencing with the 2022–23 fiscal year, the sum of five million dollars ($5,000,000) is hereby appropriated, each fiscal year, from the General Fund to the department for annual awards to local educational agencies for California Serves Program grants pursuant to this section. (2) The department, in collaboration with CaliforniaVolunteers, shall establish the California Serves Program grant program, develop criteria for the awarding of grants and an application process, request necessary data from participating local educational agencies, and award grants consistent with this section. (d) In order for a local educational agency to be eligible for a grant under this section, at least 55 percent of the pupils enrolled in the applicant local educational agency shall be unduplicated pupils as defined in Section 2574 or 42238.02, as applicable. (e) Eligible local educational agencies who receive grants pursuant to this grant program shall receive an amount of up to five hundred thousand dollars ($500,000) annually. (f) Allowable uses for funding allocated pursuant to this grant program include all of the following: (1) Paid planning time for teachers to increase the use of service learning in their instruction. (2) Professional development for school and local educational agency administrators and classroom teachers on service learning. (3) Purchase of instructional materials to aid in the use of service learning in instruction. (4) Participation costs of pupils and school personnel, including any materials or travel expenses related to service learning activities. (5) Personnel costs for coordination of service learning at a local educational agency or a schoolsite of a local educational agency. (6) Participation costs associated with grant program evaluation. (g) Notwithstanding Section 10231.5 of the Government Code, on or before November 5, 2024, and annually thereafter, the department, in partnership with CaliforniaVolunteers, shall submit a report on the program to the appropriate fiscal and policy committees of the Legislature, consistent with Section 9795 of the Government Code. The report shall include an evaluation of the program using the model uniform metrics established by the department in partnership with CaliforniaVolunteers pursuant to paragraph (3) of subdivision (b), and shall include, but not be limited to, all of the following information: (1) The number of participating pupils, schools, and local educational agencies, and the grant awards for each grantee. (2) The demographics of pupils engaged in service learning as a result of the grant. (3) The impact of the service performed by pupils and school staff as a result of the grant. (4) Pupil outcomes in the academic, civic engagement, and other learning objectives measured by the model uniform metrics identified by the department in partnership with CaliforniaVolunteers pursuant to paragraph (3) of subdivision (b), including, but not limited to, obtaining the State Seal of Civic Engagement. (h) For purposes of this section, the following definitions apply: (1) “CaliforniaVolunteers” means CaliforniaVolunteers as established by Executive Order No. S-24-06. (2) “Local educational agency” means a school district, county office of education, or charter school. (3) “Program” means the California Serves Program established pursuant to subdivision (a). (4) “Service learning” means an educational approach that intentionally combines meaningful community service activities with instruction and reflection to support pupil progress toward academic and civic engagement learning objectives while meeting societal needs. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (c) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the appropriation is made. (Added by Stats. 2022, Ch. 52, Sec. 71. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 1. Prejudices [51500 - 51501] SECTION 51500. Source version: id_e84d213a-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=1. (a) (1) A teacher shall not give instruction and a school district shall not sponsor any activity that promotes a discriminatory bias on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or pursuant to a characteristic listed in Section 220. (2) Discriminatory bias in instruction and school-sponsored activities does not require a showing of direct harm to members of a protected group. Members of a protected group do not need to be present while the discriminatory bias is occurring for the act to be considered discriminatory bias. (3) If the governing board or body of a local educational agency finds that instruction or school-sponsored activities are discriminatory pursuant to this section, corrective action shall be taken. (b) Teacher instruction shall be factually accurate and align with the adopted curriculum and standards as described in paragraph (3) of subdivision (c) of Section 60200, and be consistent with accepted standards of professional responsibility, rather than advocacy, personal opinion, bias, or partisanship. (c) Local educational agencies shall ensure that parents and guardians have access to materials in a reasonable amount of time pursuant to Section 49091.10 and the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2025, Ch. 428, Sec. 7. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 1. Prejudices [51500 - 51501] SECTION 51501. Source version: id_f1e7ee5c-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=1. (a) The state board and any governing board shall not adopt any textbooks or other instructional materials for use in the public schools that contain any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, or because of a characteristic listed in Section 220, or that violates Section 243, 244, 51500, or 60044. (b) Instructional materials, including, but not limited to, materials adopted by the state board or any governing body, shall be factually accurate and reflect the adopted curriculum and standards as described in subdivision (c) of Section 60200, and be consistent with accepted standards of professional responsibility, rather than advocacy, personal opinion, bias, or partisanship. (c) A governing board shall not prohibit the continued use of an appropriately adopted textbook, instructional material, or curriculum on the basis that it contains inclusive and diverse perspectives, including those in compliance with Sections 51204.5, 51933, 51934, and 60040. (Amended by Stats. 2025, Ch. 428, Sec. 8. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 2. Prohibited Materials [51510 - 51514] SECTION 51510. Source version: id_d7af7c2d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=2. Except as to textbooks approved by the state board or a county board of education, no bulletin, circular, or publication may be used as the basis of study or recitation or to supplement the regular school studies if the material contained in the bulletin, circular, or publication has been disapproved by the governing board of the school district in which the school is situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 2. Prohibited Materials [51510 - 51514] SECTION 51511. Source version: id_d7af7c2f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=2. Nothing in this code shall be construed to prevent, or exclude from the public schools, references to religion or references to or the use of religious literature, dance, music, theatre, and visual arts or other things having a religious significance when such references or uses do not constitute instruction in religious principles or aid to any religious sect, church, creed, or sectarian purpose and when such references or uses are incidental to or illustrative of matters properly included in the course of study. (Amended by Stats. 2001, Ch. 734, Sec. 33. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 2. Prohibited Materials [51510 - 51514] SECTION 51512. Source version: id_d7af7c31-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=2. The Legislature finds that the use by any person, including a pupil, of any electronic listening or recording device in any classroom of the elementary and secondary schools without the prior consent of the teacher and the principal of the school given to promote an educational purpose disrupts and impairs the teaching process and discipline in the elementary and secondary schools, and such use is prohibited. Any person, other than a pupil, who willfully violates this section shall be guilty of a misdemeanor. Any pupil violating this section shall be subject to appropriate disciplinary action. This section shall not be construed as affecting the powers, rights, and liabilities arising from the use of electronic listening or recording devices as provided for by any other provision of law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 2. Prohibited Materials [51510 - 51514] SECTION 51513. Source version: id_d7af7c33-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=2. No test, questionnaire, survey, or examination containing any questions about the pupil’s personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupil’s parents’ or guardians’ beliefs and practices in sex, family life, morality, and religion, shall be administered to any pupil in kindergarten or grades 1 to 12, inclusive, unless the parent or guardian of the pupil is notified in writing that this test, questionnaire, survey, or examination is to be administered and the parent or guardian of the pupil gives written permission for the pupil to take this test, questionnaire, survey, or examination. (Added by Stats. 1995, Ch. 275, Sec. 4. Effective August 2, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 2. Prohibited Materials [51510 - 51514] SECTION 51514. Source version: id_e9630652-e410-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=2. If a local educational agency administers a voluntary survey that already includes questions pertaining to sexual orientation and gender identity, the local educational agency shall not remove those questions. (Added by Stats. 2017, Ch. 744, Sec. 2. (AB 677) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 3. Solicitations [51520 - 51521] SECTION 51520. Source version: id_d7b102d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=3. (a) During school hours, and within one hour before the time of opening and within one hour after the time of closing of school, pupils of the public school shall not be solicited on school premises by teachers or others to subscribe or contribute to the funds of, to become members of, or to work for, any organization not directly under the control of the school authorities, unless the organization is a nonpartisan, charitable organization organized for charitable purposes by an act of Congress or under the laws of the state, the purpose of the solicitation is nonpartisan and charitable, and the solicitation has been approved by the county board of education or by the governing board of the school district in which the school is located. (b) A licensed dentist who provides voluntary dental health screening programs for pupils on school premises, shall not solicit a pupil, or the pupil’s parent or guardian, or encourage, or advise treatment or consultation for the pupil by the licensed dentist, or any entity in which the licensed dentist has a financial interest, for any condition discovered in the course of the dental health screening. It is the intent of the Legislature that no licensed dentist use voluntary dental health screening programs for the generation of referrals or for financial benefit. The Legislature does not intend to deny or limit freedom of choice in the selection of an appropriate dental provider for treatment or consultation. (c) A licensed optometrist who provides voluntary vision testing programs for pupils on school premises, shall not solicit a pupil, or the pupil’s parent or guardian, or encourage, or advise treatment or consultation for the pupil by the licensed optometrist, or any entity in which the licensed optometrist has a financial interest, for any condition discovered in the course of the vision testing. It is the intent of the Legislature that no licensed optometrist use voluntary vision testing programs for the generation of referrals or for financial benefit. The Legislature does not intend to deny freedom of choice in the selection of an appropriate vision care provider for treatment or consultation. (d) Nothing in this section shall be construed as prohibiting the solicitation of pupils of the public school on school premises by pupils of that school for any otherwise lawful purpose. (Amended by Stats. 1996, Ch. 83, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 3. Solicitations [51520 - 51521] SECTION 51521. Source version: id_d7b102d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=3. No person shall solicit any other person to contribute to any fund or to purchase any item of personal property, upon the representation that the money received is to be used wholly or in part for the benefit of any public school or the student body of any public school, unless such person obtains the prior written approval of either the governing board of the school district in which such solicitation is to be made or the governing board of the school district having jurisdiction over the school or student body represented to be benefited by such solicitation, or the designee of either of such boards. The prohibitions of this section shall not apply with respect to any solicitation or contribution the total proceeds of which are delivered to a public school, nor to a solicitation of a transfer to be effected by a testamentary act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 4. Advocacy or Teaching of Communism [51530- 51530.] SECTION 51530. Source version: id_d7b102dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=4. No teacher giving instruction in any school, or on any property belonging to any agencies included in the public school system, shall advocate or teach communism with the intent to indoctrinate or to inculcate in the mind of any pupil a preference for communism. In prohibiting the advocacy or teaching of communism with the intent of indoctrinating or inculcating a preference in the mind of any pupil for such doctrine, the Legislature does not intend to prevent the teaching of the facts about communism. Rather, the Legislature intends to prevent the advocacy of, or inculcation and indoctrination into, communism as is hereinafter defined, for the purpose of undermining patriotism for, and the belief in, the government of the United States and of this state. For the purposes of this section, communism is a political theory that the presently existing form of government of the United States or of this state should be changed, by force, violence, or other unconstitutional means, to a totalitarian dictatorship which is based on the principles of communism as expounded by Marx, Lenin, and Stalin. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 4. Prohibited Instruction [51500 - 51540] ARTICLE 5. Humane Treatment of Animals [51540- 51540.] SECTION 51540. Source version: id_d7b28981-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=4.&article=5. In the public elementary and high schools or in public elementary and high school school-sponsored activities and classes held elsewhere than on school premises, live vertebrate animals shall not, as part of a scientific experiment or any purpose whatever: (a) Be experimentally medicated or drugged in a manner to cause painful reactions or induce painful or lethal pathological conditions. (b) Be injured through any other treatments, including, but not limited to, anesthetization or electric shock. Live animals on the premises of a public elementary or high school shall be housed and cared for in a humane and safe manner. The provisions of this section are not intended to prohibit or constrain vocational instruction in the normal practices of animal husbandry. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 1.5. The Online Classroom Pilot Program [51705- 51705.] SECTION 51705. Source version: id_d7b596d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=1.5. For purposes of this article, the following terms have the following meanings: (a) “Asynchronous interactive instructional program” means a program in which a pupil and teacher interact using online resources, including, but not limited to, discussion boards, Web sites, and e-mail. However, the pupil and teacher need not necessarily be online at the same time. (b) “Internet” means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or provides, uses, or makes accessible, either publicly or privately, high-level services layered on the communications and related infrastructure described in this subdivision. (Added by Stats. 2003, Ch. 429, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 10. Community Service Classes [51810 - 51815] SECTION 51810. Source version: id_9300f595-0c97-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=10. The governing board of any school district maintaining secondary schools is authorized without the approval of the department to establish and maintain community service classes in civic, vocational, literacy, health, family and consumer sciences, technical, and general education, including, but not limited to, classes in the fields of dance, music, theater, visual arts, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics. These classes shall be designed to provide instruction and to contribute to the physical, mental, moral, economic, or civic development of the individuals or groups enrolled in the classes. (Amended by Stats. 2019, Ch. 543, Sec. 8. (AB 1595) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 10. Community Service Classes [51810 - 51815] SECTION 51811. Source version: id_d7ce2873-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=10. Community service classes shall be open for the admission of adults and of such minors as in the judgment of the governing board may profit therefrom. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 10. Community Service Classes [51810 - 51815] SECTION 51812. Source version: id_d7cfaf15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=10. Community service classes may be convened at such hours and for such length of time during the day or evening and at such period and for such length of time during the school year as may be determined by the governing board of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 10. Community Service Classes [51810 - 51815] SECTION 51813. Source version: id_d7cfaf17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=10. Governing boards shall have the authority to provide for granting appropriate certificates or other recognition of skill or accomplishment in such classes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 10. Community Service Classes [51810 - 51815] SECTION 51814. Source version: id_d7cfaf19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=10. Attendance or average daily attendance in community service classes pursuant to this article shall not be reported to the State Department of Education for apportionment. No apportionment from state funds shall be made to establish or maintain such classes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 10. Community Service Classes [51810 - 51815] SECTION 51815. Source version: id_d7cfaf1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=10. Governing boards may expend from the general fund of the district any money which is budgeted for community services to establish and maintain community service classes and may charge student fees not to exceed the cost of maintaining such classes or may provide instruction in such classes for remuneration by contract, or with contributions or donations of individuals or groups. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 11.5. Local Educational Agency Contracting [51827- 51827.] SECTION 51827. Source version: id_0484a364-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=11.5. (a) On or before July 1, 2027, the governing board of a school district or educational joint powers authority, the governing body of a charter school, or the county superintendent of schools shall adopt a policy for the local educational agency to comply with in order to evaluate and approve contractors. The policy shall include all of the following provisions: (1) A local educational agency shall not expend public funds for a contract unless the materials, programs, and activities are nonsectarian and comply with nondiscrimination provisions of state and federal law. (2) A local educational agency shall not expend public funds for a contract that pays for tuition or fees for a pupil at a private school that has filed an affidavit pursuant to Section 33190, except if required pursuant to a pupil’s individualized education program. (3) (A) Financial payments or gifts shall not be offered by a local educational agency to a pupil, prospective pupil, or a pupil’s parent, guardian, or relative as an incentive for enrollment, referral, or retention. (B) A local educational agency shall not offer any financial incentives to employees to manipulate or falsify pupil attendance records and reports. Nothing in this subparagraph is intended to prohibit a local educational agency from offering financial incentives to employees for activities to encourage pupil engagement and reengagement of chronically absent pupils, including, but not limited to, home visits. (4) For a nonclassroom-based charter school, contracts shall itemize costs attributed to credentialed staff, administrative staff, and instruction and related services with sufficient detail to determine a qualifying expense for purposes of a funding determination. (5) A local educational agency shall ensure contracts reflect a reasonable market value. (6) A local educational agency shall not purchase or contract for annual and season passes or membership to amusement or theme parks, zoos, or family entertainment activities, except that a local educational agency may purchase or contract for single-use admission, meals, and transportation that is aligned with educational opportunities and assignments by teachers, or for graduation, school celebrations, or co-curricular activities. (7) A local educational agency shall only contract with an entity that has a business license or business certificate, where applicable, and has appropriate insurance for the service being offered. Government agencies are not required to have a business license. (8) A local educational agency shall not contract with a pupil or a pupil’s parent, guardian, or relative for services provided exclusively to that pupil, except for any of the following persons who are compensated by the local educational agency to provide school-related transportation for a pupil: (A) A parent or legal guardian. (B) A relative, as defined in paragraph (2) of subdivision (c) of Section 361.3 of the Welfare and Institutions Code, or a nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code. (C) A court-appointed educational rights holder. (D) A court-appointed special advocate. (9) A local educational agency shall not reimburse parents or guardians for any activities or services. This paragraph does not prohibit a local educational agency from reimbursing parents or guardians for activities or services for pupils with disabilities pursuant to an individualized education program and required by a legal settlement or agreement. (10) A contractor who interacts with pupils outside the immediate supervision and control of a school employee shall have policies and procedures related to pupil and site safety, including in virtual settings, emergency response, and accident reporting that are reasonable for the instruction or activity. (11) Contractor personnel interacting with pupils shall have a valid criminal records summary as described in Section 45125.1. (12) As part of a contract with a local educational agency, contractors shall provide evidence of qualification and expertise for the activities to be provided, in accordance with policies of the governing board or body of the local educational agency. (13) As part of a contract with a local educational agency, contractors shall not charge fees to a pupil or the pupil’s parent or legal guardian. (b) Auditing the approval of, and compliance with, policies enacted in accordance with subdivision (a) shall be included in the audit guide, Standards and Procedures for Audits of California K-12 Local Educational Agencies, described in Section 14502.1. (c) This section does not supersede or invalidate a contract that is in effect on or before July 1, 2027. If a contract is in effect on or before July 1, 2027, the contract shall remain in effect until the expiration of the contract or the parties to the agreement negotiate a successor agreement that will be operative after July 1, 2027, that complies with this section. A local educational agency shall not enter into a contract or make an amendment or other ancillary agreement to an existing contract on or after the effective date of the act adding this section that would be operative after July 1, 2027, unless it would comply with this section. (d) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county office of education, or charter school. (Added by Stats. 2026, Ch. 65, Sec. 105. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 12. Consumer Economics Programs [51833- 51833.] SECTION 51833. Source version: id_d7d135bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=12. (a) The Superintendent of Public Instruction shall, with the approval of the State Board of Education, plan and develop a one-semester instructional program entitled consumer economics for use in schools maintaining any of grades 7 to 12, inclusive. When completed, the program shall be made available to all school districts and schools with grades 7 to 12, inclusive. (b) The instructional program shall include, but not be limited to, the following elements: (1) Fundamentals of banking for personal use. (2) Elementary contracts. (3) Consumer guides to purchasing. (4) Uses and costs of credit. (5) Types and costs of insurance. (6) Forms of governmental taxation. (Amended by Stats. 1987, Ch. 1452, Sec. 440.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 13. Driver Training [51850 - 51854] SECTION 51850. Source version: id_d7d135c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=13. The governing board of a school district maintaining a high school or high schools, a county superintendent of schools, and the California Youth Authority and State Department of Education in providing programs of high school education, may prescribe regulations determining who can profit by and who shall receive instruction in automobile driver training; provided, however, that no pupil shall be permitted to enroll in automobile driver training unless such pupil is presently enrolled in a course of instruction in automobile driver education, or has satisfactorily completed such course. The regulations shall be subject to such standards for driver education and driver training as may be prescribed by the State Board of Education. Where driver training is provided, such course of instruction shall be given in one or more of the grades 9, 10, 11, or 12. Pupils shall be at least 15 years and six months of age at the time of completion of a driver training course. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 13. Driver Training [51850 - 51854] SECTION 51851. Source version: id_d7d135c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=13. A course of instruction in automobile driver education shall meet all of the following: (a) Be of at least 21/2 semester periods and shall be taught by a qualified instructor. (b) Provide the opportunity for pupils to take driver education within the regular schoolday, and within the regular academic year, as defined in Section 37250. Additional classes may be offered at the discretion of the local school district governing board, the county superintendent of schools, California Youth Authority, and the State Department of Education, to accommodate the pupils who have failed or who cannot otherwise enroll in the regular schoolday program. For purposes of this section, the regular schoolday shall be that time during which classes are maintained in the courses of instruction provided for in Chapter 1 (commencing with Section 51000), Chapter 2 (commencing with Section 51200), Article 1 (commencing with Section 51500), Article 2 (commencing with Section 51510), Article 3 (commencing with Section 51520), and Article 4 (commencing with Section 51530) of Chapter 4, and Chapter 5.6 (commencing with Section 51930) of this part, and Chapter 2 (commencing with Section 58400) of Part 31. (c) Be completed by the pupil within the academic year or summer session in which it was begun. (Amended by Stats. 2003, Ch. 650, Sec. 12. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 13. Driver Training [51850 - 51854] SECTION 51852. Source version: id_eec8a6bf-3b72-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=13. A course of instruction in the laboratory phase of driver education shall include, for each student enrolled in the class, instruction under one of the following plans: (a) Plan One. A minimum of 12 hours allocated as follows: (1) A minimum of six hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) A minimum of six hours in a dual-control automobile with a qualified instructor for the purposes of observation. Practice driving on an off-street multiple-car driving range approved by the department under the supervision of a qualified instructor may be substituted for all or part of the observation time. (b) Plan Two. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Six hours in a dual-control automobile with a qualified instructor for the purposes of observation. Practice driving on an off-street multiple-car driving range approved by the department under the supervision of a qualified instructor may be substituted for all or part of the observation time. (3) Twelve hours of instruction by a qualified instructor in a driving simulator approved by the department. (4) At least three additional hours of instruction specified in one or more of paragraphs 1 to 3, inclusive, of this subdivision. (c) Plan Three. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Six hours in a dual-control automobile with a qualified instructor for the purpose of observation. (3) Twelve hours of instruction by a qualified instructor on an off-street multiple-car driving range. (4) At least three additional hours of instruction specified in one or more of paragraphs 1 to 3, inclusive, of this subdivision. (d) Plan Four. A minimum of 24 hours allocated as follows: (1) Three hours of on-street behind-the-wheel practice driving instruction in a dual-control automobile with a qualified instructor. (2) Three hours in a dual-control automobile with a qualified instructor for the purpose of observation. (3) Eighteen hours of instruction by a qualified instructor in a driving simulator approved by the department and on an off-street multiple-car driving range. The governing board of the district shall establish the proportion of time to be utilized in simulators and on the off-street multiple-car driving range. (e) Plan Five. (1) Competency-based driver training which means a program in which each student receives a minimum of three hours of on-street behind-the-wheel practice driving instruction, a minimum of one hour of behind-the-wheel pretesting, and a minimum of one hour of behind-the-wheel posttesting. The pretest and posttest for public school programs shall include basic skill evaluation by the instructor, as adopted by the Superintendent of Public Instruction pursuant to paragraph (2). The one hour posttest shall be conducted by an instructor other than the instructor who conducted the three hours of behind-the-wheel practice driving instruction or the pretest. Each student shall receive at least one additional hour of either behind-the-wheel practice driving instruction or observation time. (2) The Superintendent of Public Instruction shall adopt rules, regulations, and basic skill requirements for public school programs pursuant to this subdivision. (3) Local district superintendents offering this program shall annually report to the Superintendent of Public Instruction, on a form developed by the State Department of Education, on student completion of instruction pursuant to paragraph (1). (f) For purposes of this section, one hour means 60 minutes including passing time. (g) Any deviation from the standard use of a simulator or off-street multiple-car driving range, or both, shall have prior approval by the Department of Education before the school district, county superintendent of schools, the California Youth Authority, or the Department of Education can be reimbursed for the students trained. (h) Nothing in this section shall be construed to direct or restrict courses of instruction in the classroom phase or the laboratory phase of driver education offered by private elementary and secondary schools or to require the use of credentialed or certified instructors in the laboratory phase of driver education offered by private elementary and secondary schools, except that each student enrolled in a course shall satisfactorily complete a minimum of six hours of on-street behind-the-wheel driving instruction. This section shall not be construed to limit eligibility for a provisional driver’s license for pupils who have completed driver education or driver training courses offered in private elementary or secondary schools. (i) For the purposes of this section, private elementary or secondary schools are those subject to the provisions of Sections 33190 and 48222. (j) This section shall become operative on July 1, 2004. (Repealed (in Sec. 1) and added by Stats. 2002, Ch. 774, Sec. 1.5. Effective September 21, 2002. Section operative July 1, 2004, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 13. Driver Training [51850 - 51854] SECTION 51853. Source version: id_d7d2bc6b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=13. Any reference in this code to automobile driver training shall be deemed to refer to the laboratory phase of driver education described by Section 51852. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 13. Driver Training [51850 - 51854] SECTION 51854. Source version: id_d7d4430d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=13. (a) The State Department of Education shall adopt rules and regulations requiring all automobile driver training vehicles to be fitted with instrumentation providing instructional information on fuel consumption and vehicle fuel efficiency such as fuel efficiency meters or computerized fuel equipment. (b) The department shall conduct workshops to provide in-service training to automobile driver training instructors on fuel-efficient driving which shall include, but not be limited to, all of the following instructional techniques: (1) Minimization of braking. (2) Brisk acceleration to high gear. (3) Methods to emphasize deceleration modes. (4) Reduce idling. (5) Methods to anticipate stops and to maintain safe distances between vehicles. (6) The use of momentum and gravity to save fuel. (7) Driving at the most fuel-efficient and safe speeds. (8) Smooth steering, turning, acceleration, and braking. (9) The use of fuel-efficient driving instrumentation to remind drivers of methods for fuel-efficient driving. (c) The Superintendent of Public Instruction shall review claims submitted by school districts for reimbursement for the costs of fitting automobile driver training vehicles with instrumentation providing information on fuel consumption and vehicle fuel efficiency required by subdivision (a) and may approve claims for reimbursement up to three hundred dollars ($300) per vehicle for the installation of this equipment, including parts and labor. The superintendent may approve claims for reimbursement for the transfer of equipment from one vehicle to another at the reimbursement rates authorized for the replacement of automobile driver training vehicles and simulators. Allowances made to school districts under this subdivision during the first year that the program is in operation shall be allocated by the superintendent from the Petroleum Violation Escrow Account. Allowances made to school districts under this subdivision in subsequent years shall be allocated by the superintendent from the Driver Training Penalty Assessment Fund. (Added by Stats. 1986, Ch. 1339, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 14. Bicycle Safety Instruction [51860- 51860.] SECTION 51860. Source version: id_c38f980c-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=14. (a) The governing board of any school district having jurisdiction over any elementary, intermediate, junior high, or high school may provide time and facilities to any local law enforcement agency having jurisdiction over the schools of the district, as well as to other organizations, as described in paragraph (1) of subdivision (a) of Section 38134, or public agencies that provide bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction, for bicycle, scooter, electric bicycle, motorized bicycle, or motorized scooter safety instruction. (b) For purposes of this section, the following definitions apply: (1) “Electric bicycle” has the same meaning as in Section 312.5 of the Vehicle Code. (2) “Motorized bicycle” has the same meaning as in Section 406 of the Vehicle Code. (3) “Motorized scooter” has the same meaning as in Section 407.5 of the Vehicle Code. (Amended by Stats. 2022, Ch. 116, Sec. 1. (AB 2028) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 14.5. California Distance Learning Policy [51865- 51865.] SECTION 51865. Source version: id_994ee447-fce3-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=14.5. (a) It is the intent of the Legislature that legislation be enacted to implement the policy objectives set forth in this section with regard to distance learning. For purposes of this article, “distance learning” means instruction in which the pupil and instructor are in different locations and interact through the use of computer and communications technology. Distance learning may include video or audio instruction in which the primary mode of communication between pupil and instructor is instructional television, video, telecourses, or any other instruction that relies on computer or communications technology. (b) Distance learning should be utilized by the state to achieve the following educational goals: (1) Equity in education, which requires that every pupil in California’s public schools, and every adult in the state, have equal access to educational opportunities, regardless of where he or she lives or how small a school the pupil attends. (2) Quality in education, which would be enhanced through the creative application of telecommunications, as pupils are given the opportunity to interact with pupils from other cultures and geographical locations, and with outstanding educators from other educational institutions. (3) Diversity among educational institutions, which has been recognized in California through the support of various types of public educational institutions as well as of independent and private colleges and universities. Distance learning technology permits greater diversity in the means of instruction and in the delivery of educational and training services to an adult population that is more and more likely to seek education outside of the traditional baccalaureate program designed for four consecutive years on a full-time basis shortly after graduating from high school. (4) Efficiency and accountability, which receive increasing emphasis as state budget resources become increasingly restricted. Distance learning technologies can be effective only through the cooperative efforts of individuals from different institutions, a collaboration that has the potential to reduce costs and increase efficiency. A technology-integrated educational delivery system would allow for the electronic transmittal of files and reports, thus providing the information needed for accountability more rapidly and at a lower cost, and for video teleconferencing for state and local education and other government agencies, thereby diminishing travel requirements. (c) To the extent that funding is made available for this purpose, a coordinated distance learning system should be developed to serve the following high priority education needs: (1) The enhancement of work force skills and competency in the adult population. (2) The expansion of adult education classes in English as a second language, in response to the growing level of unmet need for that instruction. (3) The enhancement of curriculum to meet the needs of high-risk pupils who would be likely to drop out of traditional classroom programs. (4) The expansion of course offerings in subjects that include, but are not limited to, world languages, science, and mathematics, to rural and inner-city secondary schools that are unable to provide the college preparatory and enrichment courses that their pupils require and that other secondary schools provide. (5) The expansion of course offerings at community colleges and off-campus centers to better serve students in all parts of the state. This expansion should include university-level courses, to better serve community college students who seek a university-level education but do not have the financial resources to transfer to a university. (6) The establishment of staff development courses for elementary school, secondary school, and community college teachers who otherwise might be unable to participate in training opportunities. (7) The enhancement of curriculum through an increased communication capability on the part of schools, colleges, and universities, providing the opportunity for those institutions to receive various types of supplementary educational programs, conduct exchanges with business, industry, and government, participate in live lectures and conferences on special topics, and increase cooperation and communication with other educational institutions. (d) The state should encourage the use of multiple technologies in distance learning education, including microwave, satellite, and public/private switched network delivery systems. Priority in this regard should be placed upon interconnecting the various delivery systems, while providing educators with the opportunity to experiment with each alternative distance learning technology. (e) The state shall recognize the value of regional networks serving regional needs, as well as the value of a statewide network. (f) In expanding the use of distance learning technology, the state should emphasize the delivery of education and training services to populations currently not receiving those services, the ease of access by educational institutions to the technology, and the lower cost over time of providing instruction through distance learning rather than on site. (g) The state should employ incentives, rather than requirements, to induce educational institutions to expand their utilization of distance learning technologies. (h) The state should ensure that the same standards are applied to distance learning for course and program quality, course content, pupil achievement levels, and coherence of curriculum that are currently applied for those purposes to traditional classroom instruction at public educational institutions. (i) The state should encourage collaboration between the private sector and educational institutions in the use of technology, both to enhance the quality of education in the classroom and to expand the delivery of educational services to the worksite. (Amended by Stats. 2018, Ch. 865, Sec. 24. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 16. Aquatic Safety [51879.7 - 51879.9] SECTION 51879.7. Source version: id_d7da5dab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=16. The Legislature finds that, given the great diversity of water recreation activities available statewide and the significant loss of life associated with those activities, there is a great need for an aquatic safety program in the state. It is the intent of the Legislature in enacting this article that fundamental water safety training be provided for all the children of the state so that California’s youth will be able to enjoy water recreation while avoiding its hazards. (Added by renumbering Section 51880 (as added by Stats. 1983, Ch. 1033) by Stats. 1986, Ch. 248, Sec. 31.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 16. Aquatic Safety [51879.7 - 51879.9] SECTION 51879.8. Source version: id_d7da5dad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=16. The Department of Boating and Waterways, in cooperation with the State Department of Education and other appropriate agencies, industry, and nonprofit organizations involved with water safety, shall develop an aquatic safety program which shall be made available for use at an appropriate grade level in public elementary schools, as determined by the Director of Boating and Waterways, at no expense to the schools. The aquatic education program shall include, but not be limited to, an audiovisual instructional aid and parental involvement materials. The Department of Boating and Waterways shall act as liaison between the schools and school districts and the industry and nonprofit organizations involved with water safety. (Added by renumbering Section 51881 (as added by Stats. 1983, Ch. 1033) by Stats. 1986, Ch. 248, Sec. 32.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 16. Aquatic Safety [51879.7 - 51879.9] SECTION 51879.9. Source version: id_d7da5daf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=16. Once developed, the Department of Boating and Waterways shall notify the schools and school districts of the availability of the aquatic safety program. (Added by renumbering Section 51882 (as added by Stats. 1983, Ch. 1033) by Stats. 1986, Ch. 248, Sec. 33.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 2. Mathematics Readiness Challenge [51710- 51710.] SECTION 51710. Source version: id_fc10c1e6-3e24-11e6-9e75-e31378363641 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=2. (a) The Mathematics Readiness Challenge program is hereby established. (b) It is the intent of the Legislature that the program support the implementation and evaluation of grade 12 experiences that are designed to prepare pupils for placement into college-level courses in mathematics. (c) Funds appropriated in Item 6100-195-0890 of Section 2.00 of the Budget Act of 2016 shall be available for purposes of this article. (d) (1) The program shall be administered by the department, and shall adhere to the minimum criteria, standards, and requirements that are applicable pursuant to Part A (commencing with Section 201) of Title II of the federal Elementary and Secondary Education Act (Public Law 107-110). (2) The department shall make awards to eligible partnerships selected by a committee consisting of three representatives, with one from each of the following: (A) The department. (B) The California State University. (C) The California Mathematics Project established pursuant to Article 1 (commencing with Section 99200) of Chapter 5 of Part 65 of Division 14 of Title 3. (3) The committee shall consult with the president of the state board or his or her designee before selecting eligible partnerships pursuant to this article. (e) A grant made pursuant to this article shall only be made to an eligible partnership that includes participation by each of the following entities: (1) At least one division of a postsecondary educational institution that prepares teachers and principals. (2) At least one school of arts and sciences of a postsecondary educational institution. (3) At least one high-need local educational agency. (f) The department shall award grants of one million two hundred eighty thousand dollars ($1,280,000) each to five eligible partnerships selected by the committee. (g) It is the intent of the Legislature that all of the following occur: (1) These funds support different kinds of grade 12 experiences to allow for the evaluation of the effectiveness of various experiences. (2) The grade 12 experiences focus on the needs of pupils who have completed three years of college-preparatory mathematics courses but are not expected to be deemed ready for college-level mathematics courses upon matriculation to a postsecondary educational institution. (3) The grade 12 experiences be implemented by no later than the 2017–18 school year. (h) The committee shall select eligible partnerships such that each eligible partnership that receives a grant would implement a grade 12 experience sufficiently different from those that would be implemented by other eligible partnerships that receive awards. The committee shall give preference to partnerships that include local educational agencies whose high school graduates have high mathematics remediation rates based on California State University freshmen enrollment data. (i) Grants awarded pursuant to this article shall be used for professional development for teachers, paraprofessionals, and principals for purposes of this article and for the development and provision of assistance necessary for the professional development of those individuals, consistent with federal law. (j) As a condition of receiving a grant award, eligible partnerships shall commit to both of the following: (1) Making any new course materials, including curriculum, widely available or available as open educational resources. (2) Sharing information about their policies and practices and evidence regarding the effectiveness of those policies and practices in preparing pupils for college-level courses in mathematics with other entities within their regions and across the state. (k) On or before November 30, 2018, the Trustees of the California State University shall report to the Director of Finance and the Legislature, in conformance with Section 9795 of the Government Code, any policy changes made based on evidence collected through the program. (Added by Stats. 2016, Ch. 29, Sec. 21. (SB 828) Effective June 27, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 3. Evening High School for Minors [51720 - 51724] SECTION 51720. Source version: id_d7b71d77-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=3. The governing board of a school district which maintains high schools and a continuation education program may establish and maintain evening high school programs in grades 9 to 12, inclusive, for minors subject to Section 48200. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 3. Evening High School for Minors [51720 - 51724] SECTION 51721. Source version: id_d7b71d79-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=3. Notwithstanding any other provision of law, a governing board to which this article applies may establish the number of, and the specific days of the week on which such a program shall be in session. The governing board may further prescribe the number of hours during which the program shall be in session. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 3. Evening High School for Minors [51720 - 51724] SECTION 51722. Source version: id_d7b71d7b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=3. An evening high school program shall consist of courses similar to the curriculum of the regular high schools of the district. Credit for coursework satisfactorily completed shall be acceptable by all of the regular day high schools of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 3. Evening High School for Minors [51720 - 51724] SECTION 51723. Source version: id_d7b71d7d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=3. The attendance of a minor at an evening high school program shall be voluntary, but the written permission of the minor’s parent or guardian is required. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 3. Evening High School for Minors [51720 - 51724] SECTION 51724. Source version: id_d7b8a41f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=3. The attendance of a pupil in an evening high school program shall not result in the crediting of more than one unit of average daily attendance during the regular school year, even if the pupil also attends one or more classes in the regular high schools of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 4. Elementary School Special Day and Evening Classes [51730 - 51732] SECTION 51730. Source version: id_d7b8a423-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=4. The governing body of any elementary school district may establish and maintain, in connection with any school under its jurisdiction, special day and evening classes and summer schools, consisting of special day classes or special evening classes or both, for the purpose of giving instruction in any of the branches of study prescribed and authorized for the elementary schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 4. Elementary School Special Day and Evening Classes [51730 - 51732] SECTION 51731. Source version: id_d7b8a425-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=4. These classes may be convened at the hours and for the length of time during the school day or evening, and at the period and for the length of time during the school year as may be determined by the governing authority. (Amended by Stats. 1986, Ch. 1124, Sec. 7.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 4. Elementary School Special Day and Evening Classes [51730 - 51732] SECTION 51732. Source version: id_d7b8a427-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=4. The evening elementary schools and the special day and evening classes of the elementary schools of any school district shall be open for the admission of such minors and adults as in the judgment of the governing board of the school district maintaining the schools or classes may profit from the instruction offered. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5. Instruction by Correspondence [51740 - 51741] SECTION 51740. Source version: id_d7ba2acb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5. The governing board of a district maintaining one or more secondary schools may, subject to such rules and regulations as may be prescribed by the State Board of Education and upon the authorization of the Superintendent of Public Instruction, provide pupils enrolled in the regular day schools of the district with instruction by correspondence provided by the University of California, or other university or college in California accredited for teacher training under this code, in subjects included within or related to the course of study offered in the school and which for good reason cannot be taken by the pupil, and pay the cost thereof. Such instruction when provided for a pupil must be a part of the program of study approved for such pupil. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5. Instruction by Correspondence [51740 - 51741] SECTION 51741. Source version: id_d7ba2acd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5. Notwithstanding anything in Section 51740 to the contrary, the governing board of any school district may, subject to such rules and regulations as may be prescribed by the State Board of Education and upon the authorization of the Superintendent of Public Instruction, provide veterans enrolled in schools or classes of the district with instruction by correspondence, provided by any university or college referred to in Section 51740 or by any other university, college, school, institution or organization approved by the Superintendent of Public Instruction in subjects which may be necessary to adjust the veteran to an occupation and which, for good reason, cannot be given by the school, and pay for the cost thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51744. Source version: id_eb8e1534-fed1-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. (a) The Legislature finds and declares that by offering a range of quality educational options, including classroom-based, hybrid, and nonclassroom-based programs, local educational agencies can better tailor instruction to pupils, thereby improving academic outcomes while maximizing enrollment. (b) It is the intent of the Legislature that local educational agencies offer educational programs that best serve the needs of their pupils. (c) It is also the intent of the Legislature to encourage local educational agencies, when adopting a written policy pursuant to Section 51747 or 51749.5, to consider offering more than one independent study model for short- and long-term placements in accordance with Sections 51747, 51747.5, and 51749.6. (Added by Stats. 2022, Ch. 52, Sec. 72. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51745. Source version: id_043724f0-fed3-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. (a) Commencing with the 1990–91 school year, a local educational agency may offer independent study to meet the educational needs of pupils in accordance with the requirements of this article. For the 2021–22 school year only, the governing board of a school district or a county office of education shall offer independent study to meet the educational needs of pupils. Educational opportunities offered through independent study may include, but shall not be limited to, the following: (1) Special assignments extending the content of regular courses of instruction. (2) Individualized study in a particular area of interest or in a subject not currently available in the regular school curriculum. (3) Continuing and special study during travel. (4) Volunteer community service activities and leadership opportunities that support and strengthen pupil achievement. (5) Individualized study for a pupil whose health would be put at risk by in-person instruction, as determined by the parent or guardian of the pupil, or a pupil who is unable to attend in-person instruction due to a quarantine due to exposure to, or infection with, COVID-19, pursuant to local or state public health guidance. (b) Beginning July 1, 2021, with the exception of pupils participating in independent study programs due to an emergency, as described in Sections 41422 and 46392, not more than 10 percent of the pupils participating in an opportunity school or program, or a continuation high school, calculated as specified by the department, shall be eligible for apportionment credit for independent study pursuant to this article. A pupil who is pregnant or is a parent who is the primary caregiver for one or more of their children shall not be counted within the 10 percent cap. (c) An individual with exceptional needs, as defined in Section 56026, may participate in independent study, if the pupil’s individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 specifically provides for that participation. If a parent or guardian of an individual with exceptional needs requests independent study pursuant to paragraph (5) of subdivision (a), the pupil’s individualized education program team shall make an individualized determination as to whether the pupil can receive a free appropriate public education in an independent study placement. A pupil’s inability to work independently, the pupil’s need for adult support, or the pupil’s need for special education or related services shall not preclude the individualized education program team from determining that the pupil can receive a free appropriate education in an independent study placement. (d) A temporarily disabled pupil shall not receive individual instruction pursuant to Section 48206.3 through independent study. (e) No course included among the courses required for high school graduation under Section 51225.3 shall be offered exclusively through independent study. (f) The governing board of a school district or county office of education may meet the requirement to offer independent study for the 2021–22 school year described in subdivision (a) by contracting with a county office of education or by entering into an interdistrict transfer agreement with another school district pursuant to Section 46600. (g) The requirement to offer independent study for the 2021–22 school year described in subdivision (a) may be waived for school districts by the county superintendent of schools in the county in which the school district is located and waived for county offices of education and school districts in single-district counties by the Superintendent if the school district or county office of education, as applicable, demonstrates both of the following: (1) Offering independent study would create an unreasonable fiscal burden on the school district or county office of education due to low numbers of pupils participating or other extenuating circumstances. (2) The governing board of the school district or county office of education does not have the option to enter into an interdistrict transfer agreement with another school district or to contract with a county office of education to provide an independent study option, as described in subdivision (f). (Amended by Stats. 2022, Ch. 52, Sec. 73. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51745.5. Source version: id_0db47f02-fed3-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. For purposes of this article the following definitions apply: (a) “Live interaction” means interaction between the pupil and local educational agency classified or certificated staff, and may include peers, provided for the purpose of maintaining school connectedness, including, but not limited to, wellness checks, progress monitoring, provision of services, and instruction. This interaction may take place in person, or in the form of internet or telephonic communication. (b) “Local educational agency” means a school district, county office of education, or charter school. (c) “Pupil-parent-educator conference” means a meeting involving, at a minimum, all parties who signed the pupil’s written independent study agreement pursuant to subdivision (g) of Section 51747 or the written learning agreement pursuant to subdivision (b) of Section 51749.6. (d) “Synchronous instruction” means classroom-style instruction or designated small group or one-on-one instruction delivered in person, or in the form of internet or telephonic communications, and involving live two-way communication between the teacher and pupil. Synchronous instruction shall be provided by a teacher or teachers of record for that pupil pursuant to Section 51747.5 or the certificated employee of the local educational agency providing instruction for course-based independent study. (Amended by Stats. 2022, Ch. 52, Sec. 74. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51745.6. Source version: id_b833415c-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. (a) (1) Except as provided in paragraph (2), the ratio of average daily attendance for independent study pupils 18 years of age or less for a school district or county office of education, and for independent study pupils regardless of age for a charter school, to full-time equivalent certificated employees responsible for independent study, calculated as specified by the department, shall be in compliance with one of the following: (A) It shall not exceed the equivalent ratio of average daily attendance to full-time equivalent certificated employees providing instruction in other educational programs operated by the school district, county office of education, or charter school. (B) It shall not exceed the equivalent prior year ratio of average daily attendance to full-time equivalent certificated employees for all other educational programs operated by the high school or unified school district with the largest average daily attendance of pupils in the county or the collectively bargained alternative ratio used by that high school or unified school district in the prior year. In the case of a charter school serving pupils in more than one county, the ratio shall not exceed the ratio of the high school or unified school district with the average daily attendance of pupils in the county in which the chartering authority is located. The computation of the ratios shall be performed annually by the reporting agency at the time of, and in connection with, the second principal apportionment report to the Superintendent. A high school or unified school district shall annually report the attendance ratios to the county superintendent of schools by a date established by the county superintendent of schools. The county superintendent of schools shall annually report the attendance ratios on their internet website. (C) It shall not exceed a fixed average-daily-attendance-to-certificated-employee ratio of 25 to 1, or a fixed ratio of less than 25 pupils per certificated employee. (2) Notwithstanding paragraph (1), a new higher or lower ratio for all other educational programs offered by a school district, county office of education, or charter school may be negotiated in a collective bargaining agreement, or a memorandum of understanding is entered into that indicates an existing collective bargaining agreement contains an alternative average daily attendance ratio. (b) Only those units of average daily attendance for independent study that reflect a pupil-teacher ratio that does not exceed the ratios described in subdivision (a) shall be eligible for apportionment pursuant to Section 2575 for county offices of education, and Section 42238.05 for school districts. This section does not prevent a school district or county office of education from serving additional units of average daily attendance greater than the ratios described in subdivision (a), except that those additional units shall not be funded pursuant to Section 2575 or 42238.05, as applicable. If a school district, charter school, or county office of education has a memorandum of understanding to provide instruction in coordination with the school district, charter school, or county office of education at which a pupil is enrolled, the ratios that shall apply for purposes of this paragraph are the ratios for the local educational agency providing the independent study program to the pupil pursuant to Section 51749.5. (c) The calculations performed for purposes of this section shall not include either of the following: (1) The average daily attendance generated by special education pupils enrolled in special day classes on a full-time basis, or the teachers of those classes. (2) The average daily attendance or teachers in necessary small schools that are eligible to receive funding pursuant to Article 4 (commencing with Section 42280) of Chapter 7 of Part 24 of Division 3. (d) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the ratios included in this section, including fiscal penalties for noncompliance as described in this section. (Amended by Stats. 2026, Ch. 65, Sec. 103. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51746. Source version: id_17226fc4-fed3-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. It is the intent of the Legislature that school districts and county offices of education offering independent study shall provide appropriate existing services and resources to enable pupils to complete their independent study successfully and shall ensure the same access to all existing services and resources in the school in which the pupil is enrolled pursuant to Section 51748 as is available to all other pupils in the school. In addition, the services and resources may include, but need not be limited to, any of the following: (a) A designated learning center or study area staffed by appropriately trained personnel. (b) The services of qualified personnel to assess the achievement, abilities, interests, aptitudes, and needs of participating pupils to determine each of the following: (1) Whether full-time independent study is the most appropriate placement for the pupil being referred. (2) If the answer to paragraph (1) is affirmative, the determination of the most appropriate individualized plan and resources to be made available to pupils enrolled in full-time independent study. (Amended by Stats. 2022, Ch. 52, Sec. 75. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51747. Source version: id_ff743741-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. A local educational agency shall not be eligible to receive apportionments for independent study by pupils, regardless of age, unless it has adopted written policies, and has implemented those policies, pursuant to rules and regulations adopted by the Superintendent, that include, but are not limited to, all of the following: (a) The maximum length of time, by grade level and type of program, that may elapse between the time an independent study assignment is made and the date by which the pupil must complete the assigned work. (b) (1) The level of satisfactory educational progress and the number of missed assignments that will be allowed before an evaluation is conducted to determine whether it is in the best interests of the pupil to remain in independent study, or whether the pupil should return to the regular school program. A written record of the findings of any evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school. (2) Satisfactory educational progress shall be determined based on all of the following indicators: (A) The pupil’s achievement and engagement in the independent study program, as indicated by the pupil’s performance on applicable pupil-level measures of pupil achievement and pupil engagement set forth in paragraphs (4) and (5) of subdivision (d) of Section 52060. (B) The completion of assignments, assessments, or other indicators that evidence that the pupil is working on assignments. (C) Learning required concepts, as determined by the supervising teacher. (D) Progressing toward successful completion of the course of study or individual course, as determined by the supervising teacher. (c) The provision of content aligned to grade level standards that is substantially equivalent to in-person instruction. For high schools, this shall include access to all courses offered by the local educational agency for graduation and approved by the University of California or the California State University as creditable under the A–G admissions criteria. (d) Procedures for tiered reengagement strategies for all pupils who are not generating attendance for more than 10 percent of required minimum instructional time over four continuous weeks of a local educational agency’s approved instructional calendar, pupils found not participatory in synchronous instructional offerings pursuant to Section 51747.5 for more than 50 percent of the scheduled times of synchronous instruction in a school month as applicable by grade span, or pupils who are in violation of the written agreement pursuant to subdivision (g). These procedures shall include local programs intended to address chronic absenteeism, as applicable, with at least all of the following: (1) Verification of current contact information for each enrolled pupil. (2) Notification to parents or guardians of lack of participation within one school day of the recording of a nonattendance day or lack of participation. (3) A plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary. (4) A clear standard for requiring a pupil-parent-educator conference to review a pupil’s written agreement, and reconsider the independent study program’s impact on the pupil’s achievement and well-being, consistent with the policies adopted pursuant to paragraph (4) of subdivision (g). (e) (1) For pupils in transitional kindergarten and grades 1 to 3, inclusive, a plan to provide opportunities for daily synchronous instruction for all pupils throughout the school year. (2) For pupils in grades 4 to 8, inclusive, a plan to provide opportunities for both daily live interaction and at least weekly synchronous instruction for all pupils throughout the school year. (3) For pupils in grades 9 to 12, inclusive, a plan to provide opportunities for at least weekly synchronous instruction for all pupils throughout the school year. (f) A plan to transition pupils whose families wish to return to in-person instruction from independent study expeditiously, and, in no case, later than five instructional days. (g) A requirement that a current written agreement for each independent study pupil shall be maintained on file, including, but not limited to, all of the following: (1) The manner, time, frequency, and place for submitting a pupil’s assignments, for reporting the pupil’s academic progress, and for communicating with a pupil’s parent or guardian regarding a pupil’s academic progress. (2) The objectives and methods of study for the pupil’s work, and the methods used to evaluate that work. (3) The specific resources, including materials and personnel, that will be made available to the pupil. These resources shall include confirming or providing access to all pupils to the connectivity and devices adequate to participate in the educational program and complete assigned work. (4) A statement of the policies adopted pursuant to subdivisions (a) and (b) regarding the maximum length of time allowed between the assignment and the completion of a pupil’s assigned work, the level of satisfactory educational progress, and the number of missed assignments allowed before an evaluation of whether or not the pupil should be allowed to continue in independent study. (5) The duration of the independent study agreement, including the beginning and ending dates for the pupil’s participation in independent study under the agreement. No independent study agreement shall be valid for any period longer than one school year. (6) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the agreement, to be earned by the pupil upon completion. (7) A statement detailing the academic and other supports that will be provided to address the needs of pupils who are not performing at grade level, or need support in other areas, such as English learners, individuals with exceptional needs in order to be consistent with the pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils in foster care or experiencing homelessness, and pupils requiring mental health supports. (8) The inclusion of a statement in each independent study agreement that independent study is an optional educational alternative in which no pupil may be required to participate. In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Section 48915 or 48917, the agreement also shall include the statement that instruction may be provided to the pupil through independent study only if the pupil is offered the alternative of classroom instruction. (9) (A) (i) For a pupil participating in an independent study program that is scheduled for more than 15 schooldays, each written agreement shall be signed, before the commencement of independent study, by the pupil, the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable. (ii) For a pupil participating in an independent study program that is scheduled for 15 schooldays or fewer, each written agreement shall be signed, during the school year in which the independent study program takes place, by the pupil, the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable. The written agreement may be signed at any time during the school year, but it is the intent of the Legislature that parents or guardians of pupils be provided the agreement at or before the beginning of the school year. (iii) For purposes of this paragraph, “caregiver” means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code. (B) Signed written agreements, supplemental agreements, assignment records, work samples, and attendance records assessing time value of work or evidence that an instructional activity occurred may be maintained as an electronic file. (C) For purposes of this section, an electronic file includes a computer or electronic stored image of an original document, including, but not limited to, portable document format (PDF), JPEG, or other digital image file type, that may be sent via fax machine, email, or other electronic means. (D) Either an original document or an electronic file of the original document is allowable documentation for auditing purposes. (E) Written agreements may be signed using an electronic signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of an electronic signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied. (F) Notwithstanding subparagraph (A), for the 2021–22 school year only, a local educational agency shall obtain a signed written agreement for an independent study program of any length of time from the pupil, or the pupil’s parent or legal guardian if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable, no later than 30 days after the first day of instruction in an independent study program or October 15, whichever date comes later. This subparagraph does not relieve a local educational agency from the obligation to comply with the requirements of this article, as amended by the act adding this subparagraph, upon commencement of instruction for a participating pupil in the 2021–22 school year. (h) (1) For the 2021–22 school year only, school districts and county offices of education shall notify the parents and guardians of all enrolled pupils of their options to enroll their child in in-person instruction or independent study during the 2021–22 school year. This notice shall include written information on the local educational agency’s internet website, including, but not limited to, the right to request a pupil-parent-educator conference meeting before enrollment pursuant to this section, pupil rights regarding procedures for enrolling, disenrolling, and reenrolling in independent study, and the synchronous and asynchronous instructional time that a pupil will have access to as part of independent study. If 15 percent or more of the pupils enrolled in a local educational agency that provides instruction in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, the written information shall, in addition to being written in English, be written in the primary language. (2) Before signing a written agreement pursuant to this section, the parent or guardian of a pupil may request that the local educational agency conduct a telephone, videoconference, or in-person pupil-parent-educator conference or other school meeting during which the pupil, parent or guardian, and, if requested by the pupil or parent, an education advocate, may ask questions about the educational options, including which curriculum offerings and nonacademic supports will be available to the pupil in independent study, before making the decision about enrollment or disenrollment in the various options for learning. (i) Subdivisions (d), (e), and (f) shall not apply to pupils that participate in an independent study program for fewer than 16 schooldays in a school year and pupils enrolled in a comprehensive school for classroom-based instruction who, under the care of appropriately licensed professionals, participate in independent study due to necessary medical treatments or inpatient treatment for mental health care or substance abuse. Local educational agencies shall obtain evidence from appropriately licensed professionals of the need for pupils to participate in independent study pursuant to this subdivision. (j) (1) Notwithstanding paragraph (8) of subdivision (g) of this section, paragraph (1) of subdivision (e) of Section 46300, and subdivision (d) of Section 51745, for the 2021–22 school year only, a local educational agency shall be eligible to receive apportionments for independent study for pupils that are subject to quarantine for exposure to, or infection with, COVID-19 pursuant to local or state health guidance, and the pupil cannot participate in classroom-based instruction due to the quarantine, and for school closures due to COVID-19 pursuant to subdivision (c) of Section 41422. Local educational agencies shall receive apportionment for these pupils for all schooldays that they participate in and meet all other apportionment requirements of independent study while in quarantine or during a school closure. (2) Notwithstanding Section 47612.5, for the 2021–22 fiscal year, a classroom-based charter school that provides an independent study program pursuant to this article for pupils that are subject to quarantine for exposure to, or infection with, COVID-19 pursuant to local or state health guidance, and the pupil cannot participate in classroom-based instruction due to the quarantine, shall not attribute quarantine-based independent study average daily attendance required pursuant to law for a nonclassroom-based charter school pursuant to Section 47612.5 and shall not be required to submit a request for a funding determination as a result of providing independent study to quarantined pupils. (3) This subdivision shall apply only to pupils participating in independent study due to quarantine who do not have the option of in-person instruction, and only for the period of quarantine mandated pursuant to state or local health guidance or order. This subdivision shall not apply to classroom-based charter schools offering independent study to pupils whose parents or guardians have requested independent study pursuant to subdivision (a) of Section 51745. (k) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the adoption of the policies required pursuant to this section, including loss of apportionment for independent study for local educational agencies found to be noncompliant, unless compliance verification for those policies is already included in the audit guide. (l) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600). (Amended by Stats. 2024, Ch. 38, Sec. 65. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51747.3. Source version: id_94c060eb-e4ae-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. (a) Notwithstanding any other law, a local educational agency, including, but not limited to, a charter school, may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the local educational agency has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that the local educational agency does not provide to pupils who attend regular classes or to their parents or guardians. A charter school may not claim state funding for the independent study of a pupil, whether characterized as home study or otherwise, if the charter school has provided any funds or other thing of value to the pupil or the pupil’s parent or guardian that a school district could not legally provide to a similarly situated pupil of the school district, or to the pupil’s parent or guardian. (b) Providing access to connectivity and local educational agency-owned devices adequate to participate in an independent study program and complete assigned work, consistent with paragraph (3) of subdivision (g) of Section 51747, or to participate in an independent study course, as authorized in Section 51749.5, shall not be considered funds or other things of value for purposes of subdivision (a). (c) Notwithstanding paragraph (1) of subdivision (e) of Section 47605 or any other law, community school and independent study average daily attendance shall be claimed by school districts, county superintendents of schools, and charter schools only for pupils who are residents of the county in which the apportionment claim is reported, or who are residents of a county immediately adjacent to the county in which the apportionment claim is reported. (d) The Superintendent shall not apportion funds for reported average daily attendance, through full-time independent study, of pupils who are enrolled in school pursuant to subdivision (b) of Section 48204. (e) In conformity with Provisions 25 and 28 of Item 6110–101–001 of Section 2.00 of the Budget Act of 1992, this section applies to average daily attendance reported for apportionment purposes beginning July 1, 1992. (f) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600). (Amended by Stats. 2021, Ch. 44, Sec. 70. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51747.5. Source version: id_c4aceb7e-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. (a) The independent study by each pupil shall be coordinated, evaluated, and, notwithstanding subdivision (a) of Section 46300, shall be under the general supervision of an employee of the local educational agency who possesses a valid certification document pursuant to Section 44865 or an emergency credential pursuant to Section 44300, registered as required by law. (b) (1) A local educational agency may claim apportionment credit for independent study only to the extent of the time value of pupil work products, as personally judged in each instance by a certificated teacher employed by the local educational agency, or the combined time value of pupil work product and pupil participation in synchronous instruction pursuant to paragraph (2). It is the intent of the Legislature that teachers be given access to digital assignment tracking systems to reduce workload associated with evaluating and accounting for pupil work and synchronous instruction participation. (2) For purposes of computing average daily attendance for each pupil enrolled in independent study pursuant to Section 51747, the following computations shall apply: (A) (i) For each schoolday, add the combined equivalent daily time value of pupil work products, as personally judged by a certificated employee of the local educational agency. (ii) For purposes of this section, pupil work products may include the daily time value spent by a pupil engaged in asynchronous instruction, including work completed on an online or computer-based instructional activity, regardless of whether pupil work products are produced, if the computer program documents pupil participation. The local educational agency shall maintain documentation of hours or fraction of an hour of both pupil work products and the time that the pupil engaged in asynchronous instruction. (iii) (I) Except as provided in subclause (II), a local educational agency shall maintain one completed pupil work product in each of the subjects of English language arts, mathematics, history-social science, and science for a pupil enrolled in independent study for each of three attendance periods as follows: (ia) The beginning of the school year through the first attendance period. (ib) The day following the end of the first attendance period to the end of the school’s second attendance period. (ic) The day following the end of the school’s second attendance period to the end of the school year. (II) Notwithstanding subclause (I), if a pupil is not enrolled in one or more of the subjects identified in subclause (I) during an attendance period, the local educational agency shall maintain four completed pupil work products per attendance period that are representative of the pupil’s course schedule. (B) (i) For each schoolday, add the combined daily instructional minutes a pupil participated in synchronous instruction, as defined by subdivision (d) of Section 51745.5 and offered pursuant to subdivision (e) of Section 51747, for which evidence of pupil participation is furnished and maintained. Evidence of pupil participation may include, but is not limited to, pupil work produced or performed, or documentation that the pupil participated in an instructional period either visually or verbally, as verified by a certificated employee and maintained by the local educational agency for each hour or fraction thereof of the synchronous instructional offering. (ii) Pursuant to paragraph (1), a local educational agency may claim apportionment credit in this paragraph insofar as a pupil’s participation in a synchronous instructional offering augments the time value of pupil work product. (C) For each schoolday, add the sum of subparagraphs (A) and (B). If the sum of subparagraphs (A) and (B) meets the applicable minimum schoolday requirements for each schoolday, and all other requirements in this section have been met, each schoolday shall be credited as up to one schoolday of attendance. (3) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil. (4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in independent study shall not be credited with average daily attendance other than what is specified in this section. (c) A local educational agency shall document each pupil’s participation in live interaction and synchronous instruction pursuant to Section 51747 on each schoolday, as applicable, in whole or in part, for which live interaction or synchronous instruction is provided as part of the independent study program. A pupil who does not participate in scheduled live interaction or synchronous instruction shall be documented as nonparticipatory for that schoolday for purposes of pupil participation reporting and tiered reengagement pursuant to Section 51747. (d) A local educational agency shall maintain written or computer-based evidence of pupil engagement that includes, but is not limited to, a grade book or summary document that, for each class, lists all assignments, assessments, and associated grades. (e) For purposes of this section, a local educational agency shall not be required to sign and date pupil work products when assessing the time value of pupil work products for apportionment purposes. (f) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate compliance reviews for subdivisions (a) to (d), inclusive, unless compliance verification for those subdivisions is already included in the audit guide. Findings of noncompliance shall result in the loss of apportionment equal to the average daily attendance impacted by the noncompliance. (g) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600). (Amended by Stats. 2026, Ch. 65, Sec. 104. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51748. Source version: id_dcabdacc-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. School districts and county offices of education shall not be eligible to receive apportionment for independent study attendance by any pupil who is not otherwise identified in the written records of the district or county board by grade level, program placement, and the school in which he or she is enrolled. (Added by Stats. 1989, Ch. 1089, Sec. 5. Operative July 1, 1990, pursuant to Section 51749.5 as added by Ch. 1089 (later repealed).) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51749. Source version: id_175669a5-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. (a) The Superintendent, upon the next revision of the California Basic Educational Data System, or its equivalent, following July 1, 1990, shall include all data collection elements necessary to compile an annual statewide profile of pupils participating in independent study, including data on the number and percentage of pupils pursuing their coursework through independent study who successfully complete the requirements for a high school diploma. (b) Commencing with the 2021–22 school year, the department shall include a required field in the California Longitudinal Pupil Achievement Data System for the collection of the number of pupils participating in independent study pursuant to this article for 16 or more schooldays. (Amended by Stats. 2024, Ch. 38, Sec. 67. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51749.3. Source version: id_d7bebec3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. The Superintendent of Public Instruction shall establish rules and regulations for the purposes of implementing this article. (Amended by Stats. 1994, Ch. 922, Sec. 117. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51749.5. Source version: id_17716270-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. (a) Notwithstanding any other law, and commencing with the 2015–16 school year, a local educational agency may, for pupils enrolled in kindergarten and grades 1 to 12, inclusive, provide independent study courses pursuant to the following conditions: (1) The governing board or body of the local educational agency adopts policies, at a public meeting, that comply with the requirements of this section and any applicable regulations adopted by the state board. (2) A signed learning agreement is completed and on file pursuant to Section 51749.6. (3) Courses are taught under the general supervision of certificated employees who hold the appropriate subject matter credential pursuant to Section 44300 or 44865, or subdivision (l) of Section 47605, and are employed by the local educational agency at which the pupil is enrolled, or by a local educational agency that has a memorandum of understanding to provide the instruction in coordination with the local educational agency at which the pupil is enrolled. (4) (A) Courses are annually certified, by local educational agency governing board or body resolution, to be of the same rigor, educational quality, and intellectual challenge substantially equivalent to in-person instruction and equivalent classroom-based courses, and shall be aligned to all relevant local and state content standards. For high schools, this shall include access to all courses offered by the local educational agency for graduation and approved by the University of California or the California State University as creditable under the A-G admissions criteria. (B) This certification shall, at a minimum, include the duration, number of equivalent daily instructional minutes for each schoolday that a pupil is enrolled, number of equivalent total instructional minutes, number of course credits for each course, and a plan as described in subparagraph (C). This information shall be consistent with that of equivalent classroom-based courses. (C) (i) For pupils in transitional kindergarten and grades 1 to 3, inclusive, a plan to provide opportunities for daily synchronous instruction for all pupils throughout the school year. (ii) For pupils in grades 4 to 8, inclusive, a plan to provide opportunities for both daily live interaction and at least weekly synchronous instruction for all pupils throughout the school year. (iii) For pupils in grades 9 to 12, inclusive, a plan to provide opportunities for at least weekly synchronous instruction for all pupils throughout the school year. (5) Pupils enrolled in courses authorized by this section shall meet the applicable age requirements established pursuant to Sections 46300.1, 46300.4, 47612, and 47612.1. (6) Pupils enrolled in courses authorized by this section shall meet the applicable residency and enrollment requirements established pursuant to Sections 46300.2, 47612, 48204, and 51747.3. (7) (A) An individual with exceptional needs, as defined in Section 56026, may participate in course-based independent study, if the pupil’s individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 specifically provides for that participation. (B) A temporarily disabled pupil shall not receive individual instruction pursuant to Section 48206.3 through course-based independent study. (8) (A) Satisfactory educational progress shall be determined based on all of the following indicators: (i) The pupil’s achievement and engagement in the independent study program, as indicated by the pupil’s performance on applicable pupil-level measures of pupil achievement and pupil engagement set forth in paragraphs (4) and (5) of subdivision (d) of Section 52060. (ii) The completion of assignments, assessments, or other indicators that evidence that the pupil is working on assignments. (iii) Learning required concepts, as determined by the supervising teacher. (iv) Progressing toward successful completion of the course of study or individual course, as determined by the supervising teacher. (B) If satisfactory educational progress in one or more courses is not being made, certificated employees providing instruction shall notify the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, and conduct an evaluation to determine whether it is in the best interest of the pupil to remain in the course or whether the pupil should be referred to an alternative program, which may include, but is not limited to, a regular school program. A written record of the findings of an evaluation made pursuant to this subdivision shall be treated as a mandatory interim pupil record. The record shall be maintained for a period of three years from the date of the evaluation and, if the pupil transfers to another California public school, the record shall be forwarded to that school. (C) Procedures for tiered reengagement strategies for all pupils who are not making satisfactory educational progress in one or more courses, or who are in violation of the written learning agreement pursuant to Section 51749.6. These procedures shall include, but are not necessarily limited to, all of the following: (i) Verification of current contact information for each enrolled pupil. (ii) A plan for outreach from the school to determine pupil needs, including connection with health and social services as necessary. (iii) A clear standard for requiring a pupil-parent-educator conference to review a pupil’s written learning agreement, and reconsider the independent study course’s impact on the pupil’s achievement and well-being. (D) Written or computer-based evidence of satisfactory educational progress, as described in subparagraph (A), shall be retained for each course and pupil. At a minimum, this evidence shall include a grade book or summary document that, for each course, lists all assignments, examinations, and associated grades. (9) A plan to transition pupils whose families wish to return to in-person instruction from course-based independent study expeditiously, and, in no case, later than five instructional days. (10) A proctor shall administer examinations. (11) (A) Statewide testing results for pupils enrolled in any course authorized pursuant to this section shall be reported and assigned to the school or charter school at which the pupil is enrolled, and to any school district, charter school, or county office of education within which that school’s or charter school’s testing results are aggregated. (B) Statewide testing results for pupils enrolled in a course or courses pursuant to this section shall be disaggregated for purposes of comparing the testing results of those pupils to the testing results of pupils enrolled in classroom-based courses. (12) A pupil shall not be required to enroll in courses authorized by this section. (13) The pupil-to-certificated-employee ratio limitations established pursuant to Section 51745.6 are applicable to courses authorized by this section. (14) For each pupil, the combined equivalent daily instructional minutes for enrolled courses authorized by this section and enrolled courses authorized by all other laws and regulations shall meet the minimum instructional day requirements applicable to the local educational agency. Pupils enrolled in courses authorized by this section shall be offered the minimum annual total equivalent instructional minutes pursuant to Sections 46200 to 46208, inclusive, and Section 47612.5. (15) Courses required for high school graduation or for admission to the University of California or California State University shall not be offered exclusively through independent study. (16) A pupil participating in independent study shall not be assessed a fee prohibited by Section 49011. (17) A pupil shall not be prohibited from participating in independent study solely on the basis that the pupil does not have the materials, equipment, or internet access that are necessary to participate in the independent study course. (b) Subparagraph (C) of paragraph (4) of, subparagraph (C) of paragraph (8) of, and paragraph (9) of, subdivision (a) shall not apply to pupils that participate in an independent study program for fewer than 16 schooldays in a school year or to pupils enrolled in a comprehensive school for classroom-based instruction who, under the care of appropriately licensed professionals, participate in independent study due to necessary medical treatments or inpatient treatment for mental health care or substance abuse. Local educational agencies shall obtain evidence from appropriately licensed professionals of the need for pupils to participate in independent study pursuant to this subdivision. (c) For purposes of computing average daily attendance for each pupil enrolled in one or more courses authorized by this section, the following computations shall apply: (1) (A) For each schoolday, add the combined equivalent daily instructional minutes, as certified in paragraph (4) of subdivision (a), for courses authorized by this section in which the pupil is enrolled. (B) For each schoolday, add the combined daily instructional minutes of courses authorized by all other laws and regulations in which the pupil is enrolled and for which the pupil meets applicable attendance requirements. (C) For each schoolday, add the sum of subparagraphs (A) and (B). (2) If subparagraph (C) of paragraph (1) meets applicable minimum schoolday requirements for each schoolday, and all other requirements in this section have been met, credit each schoolday that the pupil is demonstrating satisfactory educational progress pursuant to the requirements of this section, with up to one schoolday of attendance. (3) (A) Using credited schoolday attendance pursuant to paragraph (2), calculate average daily attendance pursuant to Section 41601 or 47612, whichever is applicable, for each pupil. (B) The average daily attendance computed pursuant to this subdivision shall not result in more than one unit of average daily attendance per pupil. (4) Notwithstanding any other law, average daily attendance computed for pupils enrolled in courses authorized by this section shall not be credited with average daily attendance other than what is specified in this section. (5) If more than 10 percent of the total average daily attendance of a local educational agency is claimed pursuant to this section, then the amount of average daily attendance for all pupils enrolled by that school district, charter school, or county office of education in courses authorized pursuant to this section that is in excess of 10 percent of the total average daily attendance for the local educational agency shall be reduced by either (A) the statewide average rate of absence for elementary school districts for kindergarten and grades 1 to 8, inclusive, or (B) the statewide average rate of absence for high school districts for grades 9 to 12, inclusive, as applicable, as calculated by the department for the prior fiscal year, with the resultant figures and ranges rounded to the nearest 10th. (d) For purposes of this section, “equivalent total instructional minutes” means the same number of minutes as required for an equivalent classroom-based course. (e) This section does not prohibit the right to collectively bargain any subject within the scope of representation pursuant to Section 3543.2 of the Government Code. (f) (1) The Superintendent shall conduct an evaluation of independent study courses offered pursuant to this section and report the findings to the Legislature and the Director of Finance no later than September 1, 2019. The report shall, at a minimum, compare the academic performance of pupils in independent study with demographically similar pupils enrolled in equivalent classroom-based courses. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on September 1, 2023, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (g) (1) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of the ratios included in this section, including fiscal penalties for noncompliance as described in this section. (2) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate compliance reviews for subdivisions (a) to (f), inclusive, unless compliance verification for those subdivisions is already included in the audit guide. Findings of noncompliance shall result in the loss of apportionment equal to the average daily attendance impacted by the noncompliance. (h) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600). (Amended by Stats. 2024, Ch. 998, Sec. 18. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 5.5. Independent Study [51744 - 51749.6] SECTION 51749.6. Source version: id_2f847219-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=5.5. (a) Before enrolling a pupil in a course authorized by Section 51749.5, each local educational agency shall provide the pupil and, if the pupil is less than 18 years of age, the pupil’s parent or legal guardian, with a written learning agreement that includes all of the following: (1) A summary of the policies and procedures adopted by the governing board or body of the local educational agency pursuant to Section 51749.5, as applicable. (2) The duration of the enrolled course or courses, the duration of the learning agreement, and the number of course credits for each enrolled course consistent with the certifications adopted by the governing board or body of the local educational agency pursuant to Section 51749.5. The duration of a learning agreement shall not exceed a school year or span multiple school years. (3) The learning objectives and expectations for each course, including, but not limited to, a description of how satisfactory educational progress is measured and when a pupil evaluation is required to determine whether the pupil should remain in the course or be referred to an alternative program, which may include, but is not limited to, a regular school program. (4) The specific resources, including materials and personnel, that will be made available to the pupil. These resources shall include confirming or providing access to all pupils to the connectivity and devices adequate to participate in the educational program and complete assigned work. (5) A statement detailing the academic and other supports that will be provided to address the needs of pupils who are not performing at grade level, or need support in other areas, such as English learners, individuals with exceptional needs in order to be consistent with the pupil’s individualized education program or plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils in foster care or experiencing homelessness, and pupils requiring mental health supports. (6) A statement that enrollment in a course authorized pursuant to Section 51749.5 is an optional educational alternative in which no pupil may be required to participate. In the case of a pupil who is referred or assigned to any school, class, or program pursuant to Section 48915 or 48917, the agreement also shall include the statement that instruction may be provided to the pupil through course-based independent study only if the pupil is offered the alternative of classroom instruction. (7) The manner, time, frequency, and place for submitting a pupil’s assignments, for reporting the pupil’s academic progress, and for communicating with a pupil’s parent or guardian regarding a pupil’s academic progress. (8) The objectives and methods of study for the pupil’s work, and the methods used to evaluate that work. (9) A statement of the adopted policies regarding the maximum length of time allowed between the assignment and the completion of a pupil’s assigned work, the level of satisfactory educational progress, and the number of missed assignments allowed before an evaluation of whether or not the pupil should be allowed to continue in course-based independent study. (10) A statement of the number of course credits or, for the elementary grades, other measures of academic accomplishment appropriate to the learning agreement, to be earned by the pupil upon completion. (b) (1) (A) For independent study programs projected to last more than 15 schooldays for an individual pupil, the learning agreement shall be signed, before the commencement of an independent study course, by the pupil, the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of the independent study course, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable. (B) For independent study programs projected to last fewer than 16 schooldays for an individual pupil, each learning agreement shall be signed, during the school year in which the independent study program takes place, by the pupil, the pupil’s parent, legal guardian, or caregiver, if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of independent study, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable. The written agreement may be signed at any time during the school year, but it is the intent of the Legislature that parents or guardians of pupils be provided the agreement at or before the beginning of the school year. (C) For purposes of this paragraph, “caregiver” means a person who has met the requirements of Part 1.5 (commencing with Section 6550) of Division 11 of the Family Code. (2) The signed learning agreement constitutes permission from a pupil’s parent or legal guardian, if the pupil is less than 18 years of age, for the pupil to receive instruction through course-based independent study. (3) Either an original document or an electronic file of the original document is allowable documentation for auditing purposes. (4) For purposes of this section, an electronic file includes a computer or electronic stored image of an original document, including, but not limited to, portable document format (PDF), JPEG, or other digital image file type, that may be sent via fax machine, email, or other electronic means. (5) Signed written agreements, supplemental agreements, assignment records, work samples, and attendance records assessing time value of work or evidence that an instructional activity occurred may be maintained as an electronic file. (6) Written agreements may be signed using an electronic signature that complies with state and federal standards, as determined by the department, that may be a marking that is either computer generated or produced by electronic means and is intended by the signatory to have the same effect as a handwritten signature. The use of an electronic signature shall have the same force and effect as the use of a manual signature if the requirements for digital signatures and their acceptable technology, as provided in Section 16.5 of the Government Code and in Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations, are satisfied. (7) Notwithstanding paragraph (1), for the 2021–22 school year only, a local educational agency shall obtain a signed written agreement for independent study from the pupil, or the pupil’s parent or legal guardian if the pupil is less than 18 years of age, the certificated employee who has been designated as having responsibility for the general supervision of the independent study course, and the certificated employee designated as having responsibility for the special education programming of the pupil, as applicable, no later than 30 days after the first day of instruction. This subparagraph does not relieve a local educational agency from the obligation to comply with the requirements of this article, as amended by the act adding this paragraph, upon commencement of instruction for a participating pupil in the 2021–22 school year. (8) (A) For the 2021–22 school year only, school districts and county offices of education shall notify the parents and guardians of all enrolled pupils of their options to enroll their child in in-person instruction or independent study during the 2021–22 school year. This notice shall include written information on the local educational agency’s internet website, including, but not limited to, the right to request a pupil-parent-educator conference meeting before enrollment pursuant to this section, pupil rights regarding procedures for enrolling, disenrolling, and reenrolling in independent study, and the synchronous and asynchronous instructional time that a pupil will have access to as part of independent study. If 15 percent or more of the pupils enrolled in a local educational agency that provides instruction in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, speak a single primary language other than English, as determined from the census data submitted to the department pursuant to Section 52164 in the preceding year, the written information shall, in addition to being written in English, be written in the primary language. (B) Upon the request of the parent or guardian of a pupil, and before signing a written agreement pursuant to this section, the local educational agency shall conduct a telephone, videoconference, or in-person pupil-parent-educator conference or other school meeting during which the pupil, parent or guardian, and, if requested by the pupil or parent, an education advocate, may ask questions about the educational options, including which curriculum offerings and nonacademic supports will be available to the pupil in independent study, before making the decision about enrollment or disenrollment in the various options for learning. (c) Notwithstanding paragraph (6) of subdivision (a) of this section, paragraph (1) of subdivision (e) of Section 46300, and subparagraph (B) of paragraph (7) of subdivision (a) of Section 51749.5 for the 2021–22 school year only, a local educational agency shall be eligible to receive apportionments for independent study for pupils that are subject to quarantine for exposure to, or infection with, COVID-19 pursuant to local or state health guidance, and the pupil cannot participate in classroom-based instruction due to the quarantine, and for school closures due to COVID-19 pursuant to subdivision (c) of Section 41422. Local educational agencies shall receive apportionment for these pupils for all schooldays that they participate in and meet all other apportionment requirements of independent study while in quarantine or during a school closure. (d) Commencing with the 2021–22 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate compliance reviews for subdivisions (a) and (b) unless compliance verification for those subdivisions is already included in the audit guide. Findings of noncompliance shall result in the loss of apportionment equal to the average daily attendance impacted by the noncompliance. (e) The provisions of this section are not subject to waiver by the state board, by the Superintendent, or under any provision of Part 26.8 (commencing with Section 47600). (Amended by Stats. 2024, Ch. 38, Sec. 69. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 6. Military Science and Tactics [51750- 51750.] SECTION 51750. Source version: id_d7c04567-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=6. The governing board of any school district maintaining a secondary school may establish in the school courses in military science and tactics complying with the laws of the United States made and provided with reference to Reserve Officers Training Corps units in educational institutions. No student enrolled in any such school shall be required to enroll in any course in military science and tactics. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51760. Source version: id_4e9b9a7a-c87a-11df-95d1-aacc869f36fb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. The governing board of a district maintaining a high school may do all of the following: (a) Provide for the instruction of pupils in the skills, attitudes, and understanding necessary to succeed in employment by means of courses of work-based learning or work experience education as provided in this article. (b) Provide for guidance and supervision procedures designed to ensure maximum educational benefit to pupils from placement in suitable work-based learning or work experience education courses. (c) Provide for arranging, approving, coordinating, and awarding credit for work-based learning or work experience education courses, and for those purposes employ instructors, coordinators, and other necessary personnel. (d) Provide for the district to purchase liability insurance for pupils enrolled in programs of study involving work experience, which may include work-based learning, or vocational education at locations off school grounds approved by the governing board, or require pupils to purchase insurance and to pass on all or a portion of the costs, at the discretion of the governing board, to the district. (Amended by Stats. 2010, Ch. 254, Sec. 2. (AB 2211) Effective September 24, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51760.1. Source version: id_434cb4b6-c87a-11df-95d1-aacc869f36fb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. (a) Consistent with the most recent state plan on career technical education, work-based learning opportunities for pupils may be delivered by partnership academies conducted pursuant to Article 5 (commencing with Section 54690) of Chapter 9 of Part 29, regional occupational programs, as defined in Section 52303, programs established pursuant to Section 88532, and local educational agencies, and may include, but are not limited to, work experience education, as defined in Section 51764, community classrooms, as defined in subdivision (c) of Section 52372.1, cooperative career technical education programs, as defined in subdivision (b) of Section 52372.1, and job shadowing experience, as defined in subdivision (b) of Section 51769. (b) School districts and community colleges that receive funding to provide career technical education programs pursuant to Section 52055.770 may include a work-based learning component in these programs. (c) Notwithstanding any other law, school districts opting to offer work-based learning opportunities to pupils enrolled in the district shall ensure that, when applicable, pupils are afforded the same statutory and regulatory safeguards as pupils in work experience programs. (d) For purposes of this section, “work-based learning” means an educational approach or instructional methodology that uses the workplace or real work to provide pupils with the knowledge and skills that will help them connect school experiences to real-life work activities and future career opportunities. When feasible, work-based learning should be an integral part of a more comprehensive program that integrates academic courses and career technical education. (e) High-quality work-based learning may include, but is not limited to, any of the following: (1) Emphasis on learning in the workplace. (2) Exposure to a wide range of career areas and worksites in order to help youth make informed choices about education, training options, and career pursuits. (3) Thoughtful placement of pupils into opportunities that are evaluated for their safety, qualified supervision, and learning opportunities. (4) Appropriate sequencing of experiences based upon the pupil’s age and maturity, ranging from site visits and tours, job shadowing, unpaid and paid internships, and paid work experience. (5) Explicit aim to supplement, or systematically reinforce, classroom instruction in technical courses, academic courses, or both. (6) Systematic attention to the development of 21st century skills, such as communication, problem solving, teamwork, project planning, and critical thinking. (7) A trained mentor who structures the learning at the worksite. (8) Coordination between the classroom teacher and the workplace mentor or supervisor. (9) Built-in regular assessment and feedback. (10) Involvement of youth in choosing and structuring the experience. (11) Clear and measurable learning outcomes. (f) School districts are encouraged to work with local workforce investment board youth councils and workforce investment boards to maximize the use of available resources for youth employment opportunities by coordinating work-based learning opportunities and facilitating work-based learning regional planning. (Added by Stats. 2010, Ch. 254, Sec. 3. (AB 2211) Effective September 24, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51760.2. Source version: id_4b319478-c87a-11df-95d1-aacc869f36fb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. Regional and local business organizations, in conjunction with school districts and community colleges, and any other representatives deemed appropriate, including, but not limited to, industry representatives, research centers, and parents, may develop principles and guidelines for the establishment of work-based learning programs. If these organizations develop principles and guidelines pursuant to this section, both of the following shall occur: (a) The organizations shall consider existing guidelines or regulations relative to the programs described in subdivision (a) of Section 51760.1, the state’s most recent career technical education plan, and the most current academic and career technical education standards adopted by the state board. (b) The guidelines shall include specific guidance to school districts and community colleges on ensuring that a pupil’s workplace learning opportunities are linked directly to academic learning objectives and provide the necessary skills for the pupil to use in future employment or postsecondary education opportunities. (Added by Stats. 2010, Ch. 254, Sec. 4. (AB 2211) Effective September 24, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51760.3. Source version: id_3ad08478-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. The governing board of any school district offering work experience education pursuant to the authority of Section 51760 shall grant credit to pupils satisfactorily completing a work experience education program, in an amount not to exceed a total of 40 semester credits, of which no more than 10 credits may be conferred in any one semester, provided the pupil meets all of the following requirements: (a) At the time of enrollment, the pupil is at least 16 years of age. Pupils under the age of 16 years may receive credit for work experience education under the following conditions: (1) The pupil is enrolled in grade 11 or a higher grade. (2) The principal of the school in which the pupil is enrolled certifies that the pupil is in need of immediate work experience education in order to pursue employment opportunities. (3) The principal of the school in which the pupil is enrolled certifies that there is a probability that the pupil will no longer be enrolled as a full-time pupil without being provided the opportunity to enroll in a work experience education program. (4) The pupil is at least 14 years of age and the principal in the school in which the pupil is enrolled certifies that it is necessary for the pupil’s participation in a career technical education program. (5) The pupil’s individualized education program, adopted pursuant to the requirements of Part 30 (commencing with Section 56000), prescribes the type of training for which participation in a work experience program is deemed appropriate. (b) During the course of the pupil’s enrollment in the program, the pupil receives as a minimum the equivalent of one instructional period per week of classroom instruction or counseling by a certificated employee. The instruction or counseling shall be offered in sessions scheduled intermittently throughout the semester. (c) The work experience education program meets all of the requirements of law governing these programs. (Amended by Stats. 2016, Ch. 72, Sec. 1. (AB 2063) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51760.5. Source version: id_d7c352b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. Notwithstanding Section 51760, attendance in work experience classes or programs maintained by a regional occupational center or regional occupational program shall not receive apportionments from state funds based on average daily attendance unless such classes or programs are in conformance with standards adopted pursuant to Section 52372. A student enrolled in a vocational education class using the cooperative vocational education methodology conducted by a regional occupational center or program shall not be credited with more than 15 hours of attendance in any calendar week for purposes of the methodology. (Amended by Stats. 1988, Ch. 780, Sec. 1. Effective September 9, 1988.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51762. Source version: id_d7c352b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. The Department of Education shall adopt any rules and regulations necessary to implement the standards set by the Superintendent of Public Instruction, in order to maintain the educational purpose and character of work experience education. (Amended by Stats. 1984, Ch. 1024, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51762.5. Source version: id_d7c352b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. The Superintendent of Public Instruction shall adopt standards for district plans required by subdivision (b) of Section 46300. The adopted standards shall include, but shall not necessarily be limited to, all of the following: (a) Selection and approval of work stations. (b) Classroom instruction. (c) Supervision of pupils. (d) Formal training agreements. (e) Paid and unpaid on-the-job work experience programs. (f) Academic credit for participation in work experience education programs. (Added by Stats. 1984, Ch. 1024, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51763. Source version: id_d7c352bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. All laws or rules applicable to minors in employment relationships are applicable to students enrolled in work experience education courses. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51764. Source version: id_d7c352bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. Work experience education as authorized by this article includes the employment of pupils in part-time jobs selected or approved as having educational value for the students employed therein and coordinated by school employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51765. Source version: id_857e8a5c-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. (a) The governing board of a school district that establishes and supervises a work experience education program in which pupils with intellectual disabilities are employed in part-time jobs may use funds derived from any source, to the extent permissible by appropriate law or regulation, to pay the wages of pupils so employed. (b) The Legislature hereby finds and declares that the authority granted by this section is necessary to ensure that the work experience education program will continue to provide maximum educational benefit to pupils, particularly pupils with intellectual disabilities, and that the program is deemed to serve a public purpose. (Amended by Stats. 2012, Ch. 589, Sec. 12. (AB 2662) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51766. Source version: id_8c02007c-c1b6-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. Work experience education involving apprenticeable occupations shall be consistent with the purposes of Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code and with standards established by the California Apprenticeship Council for programs in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other programs. (Amended by Stats. 2018, Ch. 704, Sec. 3. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51767. Source version: id_d7c4d963-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. The governing board of any school district which maintains one or more high schools may provide for the establishment and supervision of work experience education programs in areas outside the district, either within this state or in a contiguous state. (Amended by Stats. 1977, Ch. 871.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51768. Source version: id_d7c4d965-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. The governing board of any school district providing work experience and work study education may provide for employment under the program of pupils in part-time jobs located in areas outside the district, either within this state or in a contiguous state, and the employment may be by any public or private employer. The districts may pay wages to persons receiving the training whether assigned within or without the district and may provide workers’ compensation insurance as may be necessary, but no payments may be made to or for private employers. However, wages to individuals with exceptional needs, as defined in Section 56026, may be paid to or for private employers as part of work experience programs funded through the annual Budget Act for these individuals. (Amended by Stats. 1993, Ch. 1296, Sec. 11.3. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51769. Source version: id_4a3c6c8a-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. (a) Notwithstanding any provision of this code or the Labor Code to the contrary, the school district, county superintendent of schools, or any school administered by the State Department of Education, under whose supervision work experience education, cooperative vocational education, or community classrooms, as defined by regulations adopted by the Superintendent, or a job shadowing experience, as defined in subdivision (b), or student apprenticeship programs registered by the Division of Apprenticeship Standards of the Department of Industrial Relations for registered student apprentices, are provided, shall be considered the employer under Division 4 (commencing with Section 3200) of the Labor Code of persons receiving this training unless the persons during the training are being paid a cash wage or salary by a private employer, except in the case of registered student apprentices, when the school district, county superintendent of schools, or any school administered by the State Department of Education elects to provide workers’ compensation insurance, or unless the person or firm under whom the persons are receiving work experience or occupational training elects to provide workers’ compensation insurance. A registered student apprentice is a registered apprentice who is (1) at least 16 years of age, (2) a full-time high school pupil in the 10th, 11th, or 12th grade, and (3) in an apprenticeship program for registered student apprentices registered with the Division of Apprenticeship Standards. An apprentice, while attending related and supplemental instruction classes, shall be considered to be in the employ of the apprentice’s employer and not subject to this section, unless the apprentice is unemployed. Whenever this work experience education, cooperative vocational education, community classroom education, or job shadowing, or student apprenticeship program registered by the Division of Apprenticeship Standards for registered student apprentices, is under the supervision of a regional occupational center or program operated by two or more school districts pursuant to Section 52301, the district of residence of the persons receiving the training shall be deemed the employer for the purposes of this section. (b) For purposes of this section, “job shadowing experience” means a visit to a workplace for the purpose of career exploration for no less than three hours and no more than 25 hours in one semester, intersession, or summer school session. (c) Notwithstanding subdivision (b), a pupil may participate in a job shadowing experience for up to 40 hours in one semester, intersession, or summer school session if the principal of the school in which the pupil is enrolled certifies that it is necessary for the pupil’s participation in a career technical education program. (Amended by Stats. 2016, Ch. 72, Sec. 2. (AB 2063) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7. Work Experience Education [51760 - 51769.5] SECTION 51769.5. Source version: id_d7c4d969-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7. Sections 1292, 1293, and 1294 of the Labor Code shall not apply to work experience education programs established pursuant to this article if all of the following occur: (a) The work experience coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited. (b) Parental approval is obtained. (c) The principal or the counselor of the student has determined that the progress of the student toward graduation will not be impaired. (Added by renumbering Section 51770 (as enacted by Stats. 1976, Ch. 1010) by Stats. 1988, Ch. 160, Sec. 24.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.3. Energy Education [51770 - 51772] SECTION 51770. Source version: id_d7c6600d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.3. The Legislature hereby finds and declares that despite various energy conservation measures, energy costs have continued to increase and will likely increase in the future. The Legislature also finds and declares that a model comprehensive energy education program to be made available to pupils enrolled in the public schools is required in order to acquaint pupils with the limited availability of energy resources, the need for effective energy conservation measures, and other issues addressing our future energy needs. (Added by Stats. 1985, Ch. 1192, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.3. Energy Education [51770 - 51772] SECTION 51771. Source version: id_d7c6600f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.3. (a) The Superintendent of Public Instruction shall provide for the development of a model energy education program appropriate for use by school districts maintaining kindergarten and grades 1 to 12, inclusive. In developing the model program, the superintendent may utilize or incorporate existing instructional materials in the area of energy and other available resources, so long as the superintendent determines that they are reasonably balanced and objective, or are capable of being used in conjunction with other materials to establish a reasonably balanced and objective perspective. The model program, including the review of the utilization or incorporation of existing instructional materials in the area of energy and other available resources, shall be developed in consultation with the California Energy Commission, and shall be periodically updated to incorporate additional technological changes. The model program shall include an accurate, objective assessment of the nation’s current and projected energy supplies and a review of the nation’s progress in the development of alternative energy resources, with an emphasis on renewable energy sources such as solar and wind power. (b) The model program shall be designed to provide instruction to pupils regarding all of the following: (1) The finite nature of our nation’s current basic energy resources. (2) The effects of energy extraction from nonrenewable resources on the environment. (3) An examination of the balance between consumer demands for energy and the need for energy conservation, as well as the effect of present energy usage on the energy needs of future generations. (4) An examination of policy issues regarding the use of alternative energy resources, including the weatherization of homes and businesses, individual and business energy conservation, the availability of incentives to promote the development of renewable energy resources, and the cost-effectiveness of various types of energy production such as fossil fuels, nuclear energy, solar power, wind power, and geothermal energy. (5) An examination of the viability of energy conservation as an energy resource. (Added by Stats. 1985, Ch. 1192, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.3. Energy Education [51770 - 51772] SECTION 51772. Source version: id_d7c66011-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.3. The Superintendent of Public Instruction shall make the model program developed under this article available to each school district. School districts shall have the option to include the model program as part of their required or authorized courses of instruction, but it is the intent of the Legislature that the Superintendent of Public Instruction shall take any steps necessary to encourage school districts to provide some form of energy education instruction. (Added by Stats. 1985, Ch. 1192, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.4. Work Experience Education Program Reviews [51775 - 51778] SECTION 51775. Source version: id_d7c66015-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.4. The Legislature hereby finds and declares that work experience education is an integral part of the total educational process of pupils, and that work experience education can provide opportunities for pupils to acquire lifelong employability skills, as well as opportunities for pupils to develop general and specific occupational skills. The Legislature recognizes that there is a need to provide for the review of work experience education programs offered by school districts offering these programs at least once every three years, in accordance with regulations prescribed by the Superintendent of Public Instruction. It is the intent of the Legislature in enacting this article to establish a mechanism for the review and improvement of work experience education programs offered in the public schools to ensure that pupils receive high quality instruction. It is further the intent of the Legislature to establish a system whereby school districts and county offices of education may form consortia for purposes of conducting quality reviews of work experience education programs and for the sharing of information, resources, and technical assistance. (Added by Stats. 1985, Ch. 964, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.4. Work Experience Education Program Reviews [51775 - 51778] SECTION 51776. Source version: id_d7c7e6b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.4. The governing board of each school district offering work experience education programs may elect to provide for independent onsite program review of work experience education programs at least once every three years in the district offering these programs. If the governing board elects to provide for an independent onsite program review, it shall not be required to participate in the federally required consolidated compliance review conducted by the State Department of Education. (Added by Stats. 1985, Ch. 964, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.4. Work Experience Education Program Reviews [51775 - 51778] SECTION 51777. Source version: id_d7c7e6b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.4. (a) For purposes of facilitating the program reviews required by Section 51776, the governing boards of two or more school districts may agree to establish a consortium of participating school districts. The Superintendent of Public Instruction may determine whether the size of a school district would be counterproductive to the establishment of a consortium with that school district and another school district, thereby making it advisable that the school district is reviewed by its own certified program reviewers. In cases in which the Superintendent of Public Instruction has determined that the onsite review shall be conducted by certified program reviewers from that district, the reviewers may conduct reviews in any school of the district other than the school in which they are employed. In all other onsite reviews, the reviews shall not be conducted by persons who are employed by the district. (b) Each consortium shall maintain a list of available certified program reviewers submitted by participating school districts. (c) Trained members of each consortium shall review work experience education programs in participating school districts. A report on the results of the review shall be submitted to the governing board of the school district, the State Department of Education, and the Work Experience Education Consortia Steering Committee established under Section 51778. (Added by Stats. 1985, Ch. 964, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.4. Work Experience Education Program Reviews [51775 - 51778] SECTION 51778. Source version: id_d7c7e6bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.4. (a) The Superintendent of Public Instruction shall establish a Work Experience Education Consortia Steering Committee comprised of certificated representatives of consortia of school districts established under this article. The steering committee, in consultation with the superintendent, utilizing applicable program standards and regulations regarding work experience education programs shall develop all of the following materials: (1) Program quality indicators. (2) Training materials. (3) Guide books. (4) Program review reports. (b) The Work Experience Education Consortia Steering Committee shall contract with appropriate personnel to conduct in-service training programs for work experience education teachers and coordinators who will be conducting schoolsite reviews of work experience education programs. The training shall include, but is not necessarily limited to, all of the following: (1) A program quality review instrument. (2) The compliance review instrument developed by the department. (3) Reporting and review materials. (4) Program review methodologies. (5) The preparation of summary reports. Only persons who have been certified by the steering committee as having completed the training program shall be eligible to conduct work experience education program quality reviews. (c) Utilizing the compliance review instrument described in paragraph (2) of subdivision (b), the advisory committee shall recommend a followup review for schools that have not met a prescribed number of the work experience education compliance criteria. The followup review required by this subdivision shall be conducted within one year of the initial review. (Amended by Stats. 1994, Ch. 840, Sec. 25. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.5. Genetic Diseases and Disorders Instruction [51780 - 51782] SECTION 51780. Source version: id_d7c9946f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.5. It is the intent of the Legislature in enacting this article to generate and encourage the development of educational programs for the prevention of genetic diseases, disorders, and birth defects, in grades 7 through 12, and thereby to reduce the annual incidence of genetic diseases, disorders, and birth defects through preventive educational programs. (Added by Stats. 1981, Ch. 685, Sec. 1. Effective September 23, 1981.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.5. Genetic Diseases and Disorders Instruction [51780 - 51782] SECTION 51781. Source version: id_59e165fc-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.5. (a) The department shall prepare, and distribute to school districts, guidelines and plans for the preparation of comprehensive educational programs for the prevention of genetic diseases, disorders, and birth defects, and, in cooperation with those county offices of education that desire to participate, shall assist school districts in developing comprehensive genetic diseases and disorders plans and programs. (b) For the purposes set forth in subdivision (a), the department shall conduct, on an annual basis, at least 25 workshops and training programs for approximately 2,500 school district teams of certified school personnel, using instructional materials, curricula, and guidelines developed by the department for dissemination at training programs conducted during the year. (Amended by Stats. 2016, Ch. 186, Sec. 51. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 7.5. Genetic Diseases and Disorders Instruction [51780 - 51782] SECTION 51782. Source version: id_d7c99473-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=7.5. The instructional program in genetic diseases and disorders shall provide pupils with practical information concerning, but not limited to, the following elements: (a) Genetics. (b) Maternal and prenatal health care. (c) Transmission of genetic diseases and disorders. (d) Human development. (e) Nutrition. (f) Effects of environmental factors on human development. (Added by Stats. 1981, Ch. 685, Sec. 1. Effective September 23, 1981.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8. Aviation Education [51790 - 51792] SECTION 51790. Source version: id_d7cb1b17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8. The Department of Education shall aid and assist local school districts in the development and conduct of a program of aviation education. The Department of Aeronautics may aid and assist in the selection of airports and pilots used by the local school districts in flight indoctrination and instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8. Aviation Education [51790 - 51792] SECTION 51791. Source version: id_d7cb1b19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8. The governing board of each district is encouraged to develop aims and purposes of aviation education designed to include: (a) integration of appropriate aviation concepts throughout the elementary school with units of instruction in science, social studies, and arithmetic; (b) aviation experiences in junior high schools in the areas of social studies, science, and arithmetic; and (c) elective courses in senior high schools and four-year high schools including air transportation, vocational training, economic, social and political implications of aviation, the science of flight, history of aviation, and flight experience where appropriate airports, planes, and pilots are available, and the need for this instruction is indicated. (Amended by Stats. 1994, Ch. 840, Sec. 26. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8. Aviation Education [51790 - 51792] SECTION 51792. Source version: id_d7cb1b1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8. The Department of Aeronautics is authorized to make available to public schools offering actual flight experience as part of the regular curriculum a basic insurance program and to assure that adequate supervision and precautionary measures are taken by the flight school operators contracted to provide services for public school students. The governing board of any school district offering actual flight experience as part of the regular curriculum may participate in the basic insurance program provided by the commission and pay from the funds of the district a pro rata share of the cost of the insurance program. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8.5. School Instructional Gardens [51795 - 51798] SECTION 51795. Source version: id_7d247e90-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8.5. The Legislature finds and declares all of the following: (a) School gardens provide an interactive, hands-on learning environment in which pupils learn composting and waste management techniques, fundamental concepts about nutrition and obesity prevention, and the cultural and historical aspects of our food supply. School gardens also foster a better understanding and appreciation of where food comes from, how food travels from the farm to the table, and the important role of agriculture in the state, national, and global economy. (b) Encouraging and supporting school gardens creates opportunities for children to learn to make healthier food choices, participate more successfully in their education experiences, and develop a deeper appreciation of their community. (c) School garden programs can equally enhance any subject area including science, environmental education, mathematics, reading, writing, art, nutrition, physical education, history, and geography. School gardens provide a unique setting in which improved pupil performance can be achieved. (Amended by Stats. 2006, Ch. 437, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8.5. School Instructional Gardens [51795 - 51798] SECTION 51796. Source version: id_3a37fb75-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8.5. (a) The Instructional School Gardens Program is hereby established for the promotion, creation, and support of instructional school gardens through the allocation of grants, and through technical assistance provided, to school districts, charter schools, or county offices of education. The program shall be administered by the department. (b) The Superintendent may convene an interagency working group on instructional school gardens that may include, but not be limited to, representatives of the department, the Department of Food and Agriculture, the State Department of Public Health, and the California Integrated Waste Management Board. The working group may advise the Superintendent on the following: (1) Effective and efficient means of encouraging school districts, charter schools, and county offices of education to develop and maintain a quality instructional school garden program. (2) The availability of state and nonstate resources and technical assistance to help school districts, charter schools, and county offices of education in establishing and maintaining instructional school gardens. (3) Public and private partnerships available to assist school districts, charter schools, and county offices of education in using instructional school gardens to complement the academic program of participating schools. (c) The Superintendent may establish an advisory group involving other agencies and groups with expertise in instructional school gardens, including, but not limited to, the California Environmental Education Interagency Network. The purpose of the advisory group is to support program efforts through technical assistance, resources, in-kind support, site visits, and other related efforts. (d) (1) The Superintendent shall use existing resources to comply with subdivisions (b) and (c). (2) The Department of Food and Agriculture, the State Department of Public Health, and the California Integrated Waste Management Board shall use existing resources to comply with subdivision (b). (Amended by Stats. 2021, Ch. 666, Sec. 47. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8.5. School Instructional Gardens [51795 - 51798] SECTION 51796.2. Source version: id_41e417f7-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8.5. (a) A school district, charter school, or county office of education may apply to the Superintendent for funding for a three-year grant under this article in a manner determined by the Superintendent, in order to develop and maintain an instructional school garden. The application, at a minimum, shall indicate the school or schools at which the instructional school gardens are, or are to be, located; the grade level or grade levels to be targeted; the potential number of classes within the grade levels and number of pupils who would use the instructional school gardens; and the intended items of expenditure for any funds received. The application also shall include an explanation of the six-month reporting requirement specified in Section 51796.5. (b) The Superintendent shall distribute the grants applied for pursuant to subdivision (a) to school districts, charter schools, or county offices of education. Each grant shall be not more than two thousand five hundred dollars ($2,500) per schoolsite, except that a district, charter school, or county office of education that applies on behalf of at least one schoolsite with an enrollment of 1,000 or more pupils may receive a grant of not more than five thousand dollars ($5,000) per schoolsite with an enrollment of 1,000 or more pupils. (Amended by Stats. 2021, Ch. 666, Sec. 48. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8.5. School Instructional Gardens [51795 - 51798] SECTION 51796.5. Source version: id_7e8fce66-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8.5. As a condition of the receipt of funds pursuant to this article, a school district, charter school, or county office of education, within six months of the final expenditure of funds received, shall report to the Superintendent, in conjunction with the interagency working group convened pursuant to subdivision (b) of Section 51796, in a manner prescribed by the Superintendent, regarding the use of funds and the manner in which the instructional school garden or gardens are used to complement the academic program of the participating school or schools. A school district or county office of education may submit one report for all of the schools that have received grants that are under the jurisdiction of the district or county office. (Added by Stats. 2006, Ch. 437, Sec. 4. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8.5. School Instructional Gardens [51795 - 51798] SECTION 51797. Source version: id_498d9c69-5917-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8.5. During its annual discretionary grant funding process, the California Integrated Waste Management Board may give preferential consideration to providing an appropriate level of funding to the program established pursuant to this article. (Amended by Stats. 2021, Ch. 666, Sec. 49. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 8.5. School Instructional Gardens [51795 - 51798] SECTION 51798. Source version: id_64cff0a6-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=8.5. A school district, charter school, or county office of education that is operating a school garden may sell produce grown in the school garden, regardless of whether the school participates in the Instructional School Gardens Program, if the school district, charter school, or county office of education complies with applicable federal, state, and local health and safety requirements for the production, processing, and distribution of the produce. (Added by Stats. 2012, Ch. 428, Sec. 1. (AB 2367) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 9. Home Teaching [51800 - 51802] SECTION 51800. Source version: id_d7cca1c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=9. The governing board of any school district, may employ teachers known as “home teachers” not exceeding one teacher for every 500 units of average daily attendance in the elementary or high schools of the district as shown by the report of the county superintendent of schools for the next preceding school year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 9. Home Teaching [51800 - 51802] SECTION 51801. Source version: id_d7ce286b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=9. The home teacher shall work in the homes of the pupils, instructing children and adults in matters relating to school attendance and preparation therefor, in sanitation, in the English language, in household duties, such as purchase, preparation, and use of food and clothing, and in the fundamental principles of the American system of government and the rights and duties of citizenship. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5. Authorized Classes and Courses of Instruction [51705 - 51879.9] ARTICLE 9. Home Teaching [51800 - 51802] SECTION 51802. Source version: id_d386afaa-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.&article=9. (a) The governing board of a school district maintaining a home teaching program, or providing home instruction as authorized by law for pupils with disabilities, may provide home teaching or instruction on Saturday. (b) No pupil shall be required to attend a home teaching program or home instruction on Saturday without the consent of his or her parent or legal guardian. (Amended by Stats. 2007, Ch. 569, Sec. 30. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 1. General [51880 - 51881.5] SECTION 51880. Source version: id_d7dd69f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=1. This chapter shall be known and may be cited as the Comprehensive Health Education Act of 1977. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 1. General [51880 - 51881.5] SECTION 51881. Source version: id_d7dd69f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=1. The Legislature finds and declares that although many of the communicable diseases and environmental hazards which plagued earlier generations have been controlled, major health problems and hazards are prevalent among today’s school-age children and youth including the abuse of alcohol, narcotics, and tobacco; emotional instability; forced marriage; self-medication; dental caries; nutritional disorders; suicide; and accidents. The Legislature finds and declares that an adequate health education program in the public schools is essential to continued progress and improvement in the quality of public health in this state, and the Legislature further believes that comprehensive health education, taught by properly trained persons, is effective in the prevention of disease and disability. It is further the intent of the Legislature that, to the maximum extent possible, the present state-funded projects in the school health unit of the Department of Education shall be redirected to carrying out the provisions of this chapter and maximum use shall be made of existing state and federal funds in the implementation of comprehensive health education. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 1. General [51880 - 51881.5] SECTION 51881.5. Source version: id_cd4714ee-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=1. (a) The Legislature finds and declares that hazardous substances, as defined in subdivision (a) of Section 78075 of the Health and Safety Code, are an integral part of daily life, and that some substances, which are routinely found in and around homes, present potential hazards to the public and to the environment because of the lack of public awareness and education on the hazards of these substances and because of the lack of safe disposal options for hazardous substances from households. (b) The Legislature, therefore, finds that hazardous substances education programs in the public schools would serve a beneficial purpose by fostering in students an understanding of their role in protecting the environment, and in safeguarding themselves from other health and safety dangers which may be posed by hazardous substances. (c) It is the intent of the Legislature that the department provide school districts with information concerning the availability of educational materials and curricula on hazardous substances. (Amended by Stats. 2022, Ch. 258, Sec. 14. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 2. Definitions [51890 - 51891] SECTION 51890. Source version: id_d7def09d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=2. (a) For the purposes of this chapter, “comprehensive health education programs” are defined as all educational programs offered in kindergarten and grades 1 to 12, inclusive, in the public school system, including in-class and out-of-class activities designed to ensure that: (1) Pupils will receive instruction to aid them in making decisions in matters of personal, family, and community health, to include the following subjects: (A) The use of health care services and products. (B) Mental and emotional health and development. (C) Drug use and misuse, including the misuse of tobacco and alcohol. (D) Family health and child development, including the legal and financial aspects and responsibilities of marriage and parenthood. (E) Oral health, vision, and hearing. (F) Nutrition, which may include related topics such as obesity and diabetes. (G) Exercise, rest, and posture. (H) Diseases and disorders, including sickle cell anemia and related genetic diseases and disorders. (I) Environmental health and safety. (J) Community health. (2) To the maximum extent possible, the instruction in health is structured to provide comprehensive education in health that includes all the subjects in paragraph (1). (3) The community actively participates in the teaching of health including classroom participation by practicing professional health and safety personnel in the community. (4) Pupils gain appreciation for the importance and value of lifelong health and the need for each individual to take responsibility for his or her own health. (5) School districts may voluntarily provide pupils with instruction on preventative health care, including obesity and diabetes prevention through nutrition education. (b) Health care professionals, health care service plans, health care providers, and other entities participating in a voluntary initiative with a school district may not market their services when undertaking activities related to the initiative. For purposes of this subdivision, “marketing” is defined as making a communication about a product or service that is intended to encourage recipients of the communication to purchase or use the product or service. Health care or health education information provided in a brochure or pamphlet that contains the logo or name of a health care service plan or health care organization is not considered marketing if provided in coordination with the voluntary initiative. The marketing prohibitions contained in this subdivision do not apply to outreach, application assistance, and enrollment activities relating to federal, state, or county sponsored health care insurance programs that are conducted by health care professionals, health care service plans, health care providers, and other entities if the activities are conducted in compliance with the statutory, regulatory, and programmatic guidelines applicable to those programs. (Amended by Stats. 2003, Ch. 550, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 2. Definitions [51890 - 51891] SECTION 51891. Source version: id_d7def09f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=2. As used in this chapter, “community participation” means the active participation in the planning, implementation, and evaluation of comprehensive health education by parents, professional practicing health care and public safety personnel, and public and private health care and service agencies. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 3. Department of Education [51900 - 51901] SECTION 51900. Source version: id_d7def0a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=3. The department shall prepare and distribute to school districts guidelines for the preparation of comprehensive health education plans, and, in cooperation with those county offices of education which desire to participate, assist school districts in developing comprehensive health education plans and programs. For this purpose, the department shall assume the following functions and carry out the following duties: (a) Assist in the development of model curricula for the public schools for comprehensive health education programs consistent with the provisions and intent of approved district comprehensive health education plans. (b) Identify innovative teaching methods for the instruction in health in the public schools. (c) With the cooperation and assistance of the State Department of Health, develop methods of evaluating the effectiveness of instruction in health. (d) Develop model instructional materials for comprehensive health education courses and make these materials available to local school districts. (e) In cooperation with the Commission on Teacher Credentialing, assist teacher training institutions in development of courses on comprehensive health education. (f) Assist in the development of adult education programs which include parents, students, and community health agencies and personnel. (g) With the cooperation of, and assistance of, the qualified instructional staffs of state-supported public institutions of higher education, develop and establish a health education training program for public school teachers and administrators to provide in-service training at the local district or regional level. (Amended by Stats. 1994, Ch. 922, Sec. 119. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 3. Department of Education [51900 - 51901] SECTION 51900.1. Source version: id_4d877740-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=3. The department, in consultation with the State Department of Developmental Services and the State Department of Public Health, shall gather and make available on its internet website school-based water safety and drowning prevention education resources and curriculum that are age appropriate to pupils of different grade levels and adaptable for public school use. The department is encouraged to refer to the existing, freely accessible, age- and grade-appropriate curriculum that has been identified by relevant water safety and drowning prevention stakeholder organizations and that can be used in school settings. (Added by Stats. 2025, Ch. 387, Sec. 5. (AB 1005) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 3. Department of Education [51900 - 51901] SECTION 51900.5. Source version: id_96de9aaa-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=3. (a) During the next revision of the publication “Health Framework for California Public Schools” (health framework), the Instructional Quality Commission shall consider developing, and recommending for adoption by the state board, a distinct category on mental health instruction to educate pupils about all aspects of mental health. (b) As used in this section, “mental health instruction” shall include, but not be limited to, all of the following: (1) Reasonably designed and age-appropriate instruction on the overarching themes and core principles of mental health. (2) Defining common mental health challenges such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder. (3) Elucidating the services and supports that effectively help individuals manage mental health challenges. (4) Promoting mental health wellness, which includes positive development, social connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. (5) Ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so pupils know to take action before a situation turns into a crisis. This should include instruction on both of the following: (A) How to appropriately seek and find assistance from mental health professionals and services within the school district and in the community for themselves or others. (B) Appropriate evidence-based research and practices that are proven to help overcome mental health challenges. (6) The connection and importance of mental health to overall health and academic success as well as to cooccurring conditions, such as chronic physical conditions and chemical dependence and substance abuse. (7) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of culture on the experience and treatment of mental health challenges. (8) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by peers and other individuals who have experienced mental health challenges, and how they coped with their situations, including how they sought help and acceptance. (c) In the normal course of recommending curriculum frameworks to the state board, as required by Section 60204, the Instructional Quality Commission shall ensure that one or more experts in the mental health and educational fields provides input in the development of the mental health instruction in the health framework. It is the intent of the Legislature that the Instructional Quality Commission seek experts from culturally, racially, and ethnically diverse communities, representatives from all mental health professions, teachers, counselors, parents, those involved in promoting mental wellness, and those living with a mental health challenge and their families. (d) This section does not require or authorize the Instructional Quality Commission to recommend new health education content standards. (Added by Stats. 2013, Ch. 481, Sec. 2. (SB 330) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 3. Department of Education [51900 - 51901] SECTION 51900.6. Source version: id_bbe39840-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=3. (a) (1) The state board shall, based upon recommendations by the Superintendent, consider including age-appropriate content for kindergarten and grades 1 to 12, inclusive, in sexual abuse and sexual assault awareness and prevention in the next revision of the health content standards. (2) The state board shall, based upon recommendations by the Instructional Quality Commission, consider including information in sexual abuse and sexual assault awareness and prevention in the Health Framework for California Public Schools when next revised. (b) (1) School districts, county offices of education, and charter schools may provide age-appropriate instruction, pursuant to the content standards adopted by the state board under subdivision (a), for kindergarten and grades 1 to 12, inclusive, as applicable, in sexual abuse and sexual assault awareness and prevention. (2) Upon written request of the pupil’s parent or legal guardian, a pupil in kindergarten or grades 1 to 12, inclusive, shall be excused from taking instruction in sexual abuse and sexual assault awareness and prevention established pursuant to this section. (Added by Stats. 2014, Ch. 809, Sec. 1. (AB 2016) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 3. Department of Education [51900 - 51901] SECTION 51901. Source version: id_d7def0a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=3. The Department of Education shall be responsible for the preparation and distribution of health education materials and for providing assistance for in-service teaching programs carried out with districts that have plans approved pursuant to Section 51911. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 4. Comprehensive Health Education Plans [51911 - 51915] SECTION 51911. Source version: id_d7e07749-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=4. Approval of district plans shall be made in accordance with rules and regulations adopted by the State Board of Education. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 4. Comprehensive Health Education Plans [51911 - 51915] SECTION 51913. Source version: id_9e9f00d3-3184-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=4. The plan for a comprehensive health education program shall include a statement setting forth the district’s educational program for health education on a districtwide basis. The state board shall establish standards and criteria to be used in the evaluation of plans submitted by school districts. The standards and criteria for review and approval of plans by the state board shall include, but not be limited to, provision for: (a) Assessment of the health educational needs of the pupils. (b) Defined and measurable program objectives and methods of assessing the effectiveness of the program. (c) Coordination of all district resources with the objectives of the plan. (d) Utilization of health care professionals representing, at the school district’s option, the varied fields of health care, including voluntary collaborations with managed health care and health care providers; local public and private health, safety, and community service agencies; and other appropriate community resources in the development and implementation of the plan. (e) Direct participation of health care professionals representing, at the school district’s option, the varied fields of health care, including voluntary collaborations with managed health care, health care providers, and local public and private health, safety, and community service agencies in the course evaluation. (f) Staff development and in-service training. (g) Evaluation of the program by the governing board of the school district with the assistance of administrators, teachers, parents, pupils, and participants in the program from the community. (Amended by Stats. 2011, Ch. 296, Sec. 70. (AB 1023) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 4. Comprehensive Health Education Plans [51911 - 51915] SECTION 51914. Source version: id_d7e0774d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=4. No plan shall be approved by the State Board of Education unless it determines that the plan was developed with the active cooperation of parents, community, and teachers, in all stages of planning, approval, and implementation of the plan. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 4. Comprehensive Health Education Plans [51911 - 51915] SECTION 51915. Source version: id_332aad6d-f54e-11da-bccc-c495107da326 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=4. In the development of a plan for a comprehensive health education program, the governing board of a school district may include in such plan the employment of the following as resource persons, with or without compensation: (a) licensed physicians and surgeons, school or public health nurses, county health officers, optometrists, dentists, and other persons licensed by the state to practice in allied health professions, and other persons recognized by the governing board as being experts in the health sciences. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 5. In-Service Training [51920 - 51921] SECTION 51920. Source version: id_d7e1fdf3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=5. The Department of Education shall reimburse all school certificated personnel from those school districts in which the governing board has adopted a comprehensive health education plan approved by the Department of Education according to this chapter for necessary travel and expenses resulting from participation in health education in-service training programs sponsored by the department. When training is held during the time that the certificated personnel are employed in teaching, their regular pay shall not be diminished by reason of their attendance. Reimbursements shall not include the cost of hiring substitute classroom teaching personnel. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 5. In-Service Training [51920 - 51921] SECTION 51921. Source version: id_d7e1fdf5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=5. School district governing boards may, at their discretion, assign units of credit for participation in in-service training programs undertaken pursuant to this chapter and such units may be included as units of credit for purposes of the salary schedule of the school district. (Added by Stats. 1977, Ch. 809.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 6. Mandatory Mental Health Education [51925 - 51929] SECTION 51925. Source version: id_cde35e4d-5918-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=6. Each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school shall include in those courses instruction in mental health that meets the requirements of this article. This section shall not be construed to limit a school district, county office of education, state special school, or charter school in offering or requiring instruction in mental health as specified in this article. This instruction shall include all of the following: (a) Reasonably designed instruction on the overarching themes and core principles of mental health. (b) Defining signs and symptoms of common mental health challenges. Depending on pupil age and developmental level, this may include defining conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, eating disorders, and anxiety, including post-traumatic stress disorder. (c) Elucidating the evidence-based services and supports that effectively help individuals manage mental health challenges. (d) Promoting mental health wellness and protective factors, which includes positive development, social and cultural connectedness and supportive relationships, resiliency, problem solving skills, coping skills, self-esteem, and a positive school and home environment in which pupils feel comfortable. (e) The ability to identify warning signs of common mental health problems in order to promote awareness and early intervention so that pupils know to take action before a situation turns into a crisis. This shall include instruction on both of the following: (1) How to seek and find assistance from professionals and services within the school district that includes, but is not limited to, school counselors with a pupil personnel services credential, school psychologists, and school social workers, and in the community for themselves or others. (2) Evidence-based and culturally responsive practices that are proven to help overcome mental health challenges. (f) The connection and importance of mental health to overall health and academic success and to co-occurring conditions, such as chronic physical conditions, chemical dependence, and substance abuse. (g) Awareness and appreciation about the prevalence of mental health challenges across all populations, races, ethnicities, and socioeconomic statuses, including the impact of race, ethnicity, and culture on the experience and treatment of mental health challenges. (h) Stigma surrounding mental health challenges and what can be done to overcome stigma, increase awareness, and promote acceptance. This shall include, to the extent possible, classroom presentations of narratives by trained peers and other individuals who have experienced mental health challenges and how they coped with their situations, including how they sought help and acceptance. (Added by Stats. 2021, Ch. 675, Sec. 2. (SB 224) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 6. Mandatory Mental Health Education [51925 - 51929] SECTION 51926. Source version: id_cde35e4f-5918-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=6. Instruction and materials required pursuant to this article shall satisfy all of the following: (a) Be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. (b) Be accessible to pupils with disabilities, including, but not limited to, providing a modified curriculum, materials and instruction in alternative formats, and auxiliary aids. (c) Not reflect or promote bias against any person on the basis of any category protected by Section 220. (d) Be coordinated with any existing on-campus mental health providers including, but not limited to, providers with a pupil personnel services credential, who may be immediately called upon by pupils for assistance. (Added by Stats. 2021, Ch. 675, Sec. 2. (SB 224) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 6. Mandatory Mental Health Education [51925 - 51929] SECTION 51927. Source version: id_cde35e51-5918-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=6. (a) This article does not limit a pupil’s health and mental health privacy or confidentiality rights. (b) A pupil receiving instruction pursuant to this article shall not be required to disclose their confidential health or mental health information at any time in the course of receiving that instruction, including, but not limited to, for the purpose of the peer component described in subdivision (h) of Section 51925. (Added by Stats. 2021, Ch. 675, Sec. 2. (SB 224) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 6. Mandatory Mental Health Education [51925 - 51929] SECTION 51928. Source version: id_cde35e53-5918-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=6. For purposes of this article, the following definitions apply: (a) “Age appropriate” has the same meaning as defined in Section 51931. (b) “English learner” has the same meaning as defined in Section 51931. (c) “Evidence-based” means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the mental health field. (d) “Instructors trained in the appropriate courses” means instructors with knowledge of the most recent evidence-based research on mental health. (Added by Stats. 2021, Ch. 675, Sec. 2. (SB 224) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.5. Comprehensive Health Education [51880 - 51929] ARTICLE 6. Mandatory Mental Health Education [51925 - 51929] SECTION 51929. Source version: id_cde38565-5918-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.5.&article=6. On or before January 1, 2024, the department shall develop a plan to expand mental health instruction in California public schools. (Added by Stats. 2021, Ch. 675, Sec. 2. (SB 224) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 1. General Provisions [51930 - 51932] SECTION 51930. Source version: id_58a5de55-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=1. (a) This chapter shall be known, and may be cited, as the California Healthy Youth Act. (b) The purposes of this chapter are as follows: (1) To provide pupils with the knowledge and skills necessary to protect their sexual and reproductive health from HIV and other sexually transmitted infections and from unintended pregnancy. (2) To provide pupils with the knowledge and skills they need to develop healthy attitudes concerning adolescent growth and development, body image, gender, sexual orientation, relationships, marriage, and family. (3) To promote understanding of sexuality as a normal part of human development. (4) To ensure pupils receive integrated, comprehensive, accurate, and unbiased sexual health and HIV prevention instruction and provide educators with clear tools and guidance to accomplish that end. (5) To provide pupils with the knowledge and skills necessary to have healthy, positive, and safe relationships and behaviors. (Amended by Stats. 2015, Ch. 398, Sec. 2. (AB 329) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 1. General Provisions [51930 - 51932] SECTION 51931. Source version: id_c5023f2a-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=1. For the purposes of this chapter, the following definitions apply: (a) “Age appropriate” refers to topics, messages, and teaching methods suitable to particular ages or age groups of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. (b) “Comprehensive sexual health education” means education regarding human development and sexuality, including education on menstrual health, pregnancy, contraception, and sexually transmitted infections. (c) “English learner” means a pupil as described in subdivision (a) of Section 306. (d) “HIV prevention education” means instruction on the nature of human immunodeficiency virus (HIV) and AIDS, methods of transmission, strategies to reduce the risk of HIV infection, and social and public health issues related to HIV and AIDS. (e) “Instructors trained in the appropriate courses” means instructors with knowledge of the most recent medically accurate research on human sexuality, healthy relationships, pregnancy, and HIV and other sexually transmitted infections. (f) “Medically accurate” means verified or supported by research conducted in compliance with scientific methods and published in peer-reviewed journals, where appropriate, and recognized as accurate and objective by professional organizations and agencies with expertise in the relevant field, such as the federal Centers for Disease Control and Prevention, the American Public Health Association, the American Academy of Pediatrics, and the American College of Obstetricians and Gynecologists. (g) (1) “School district” includes county boards of education, county superintendents of schools, the California School for the Deaf, and the California School for the Blind. (2) Commencing with the 2019–20 school year, “school district” also includes charter schools. (Amended by Stats. 2024, Ch. 706, Sec. 2. (AB 2229) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 1. General Provisions [51930 - 51932] SECTION 51932. Source version: id_69e10829-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=1. (a) This chapter does not apply to description or illustration of human reproductive organs that may appear in a textbook, adopted pursuant to law, if the textbook does not include other elements of comprehensive sexual health education or HIV prevention education as defined in Section 51931. (b) This chapter does not apply to instruction, materials, presentations, or programming that discuss gender, gender identity, gender expression, sexual orientation, discrimination, harassment, bullying, intimidation, relationships, or family and do not discuss human reproductive organs and their functions. (Amended by Stats. 2015, Ch. 398, Sec. 4. (AB 329) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 2. Required Comprehensive Sexual Health Education and HIV Prevention Education [51933 - 51934] SECTION 51933. Source version: id_7c8a67fd-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=2. All comprehensive sexual health education and HIV prevention education pursuant to Section 51934, whether taught or supplemented by school district personnel or by outside consultants or guest speakers pursuant to Section 51936, shall satisfy all of the following criteria: (a) Instruction and materials shall be age appropriate. (b) All factual information presented shall be medically accurate and objective. (c) All instruction and materials shall align with and support the purposes of this chapter as set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 51930 and may not be in conflict with them. (d) (1) Instruction and materials shall be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. (2) Instruction and materials shall be made available on an equal basis to a pupil who is an English learner, consistent with the existing curriculum and alternative options for an English learner pupil as otherwise provided in this code. (3) Instruction and materials shall be accessible to pupils with disabilities, including, but not limited to, the provision of a modified curriculum, materials and instruction in alternative formats, and auxiliary aids. (4) Instruction and materials shall not reflect or promote bias against any person on the basis of any category protected by Section 220. (5) Instruction and materials shall affirmatively recognize that people have different sexual orientations and, when discussing or providing examples of relationships and couples, shall be inclusive of same-sex relationships. (6) Instruction and materials shall teach pupils about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes. (e) Instruction and materials shall encourage a pupil to communicate with his or her parents, guardians, and other trusted adults about human sexuality and provide the knowledge and skills necessary to do so. (f) Instruction and materials shall teach the value of and prepare pupils to have and maintain committed relationships such as marriage. (g) Instruction and materials shall provide pupils with knowledge and skills they need to form healthy relationships that are based on mutual respect and affection, and are free from violence, coercion, and intimidation. (h) Instruction and materials shall provide pupils with knowledge and skills for making and implementing healthy decisions about sexuality, including negotiation and refusal skills to assist pupils in overcoming peer pressure and using effective decisionmaking skills to avoid high-risk activities. (i) Instruction and materials may not teach or promote religious doctrine. (Amended by Stats. 2015, Ch. 398, Sec. 6. (AB 329) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 2. Required Comprehensive Sexual Health Education and HIV Prevention Education [51933 - 51934] SECTION 51934. Source version: id_cf8ff7cc-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=2. (a) Each school district shall ensure that all pupils in grades 7 to 12, inclusive, receive comprehensive sexual health education and HIV prevention education from instructors trained in the appropriate courses. Each pupil shall receive this instruction at least once in junior high or middle school and at least once in high school. This instruction shall include all of the following: (1) Information on the nature of HIV, as well as other sexually transmitted infections, and their effects on the human body. (2) Information on the manner in which HIV and other sexually transmitted infections are and are not transmitted, including information on the relative risk of infection according to specific behaviors, including sexual activities and injection drug use. (3) Information that abstinence from sexual activity and injection drug use is the only certain way to prevent HIV and other sexually transmitted infections and abstinence from sexual intercourse is the only certain way to prevent unintended pregnancy. This instruction shall provide information about the value of delaying sexual activity while also providing medically accurate information on other methods of preventing HIV and other sexually transmitted infections and pregnancy. (4) Information about the effectiveness and safety of all federal Food and Drug Administration (FDA) approved methods that prevent or reduce the risk of contracting HIV and other sexually transmitted infections, including use of antiretroviral medication, consistent with the federal Centers for Disease Control and Prevention. (5) Information about the effectiveness and safety of reducing the risk of HIV transmission as a result of injection drug use by decreasing needle use and needle sharing. (6) Information about the treatment of HIV and other sexually transmitted infections, including how antiretroviral therapy can dramatically prolong the lives of many people living with HIV and reduce the likelihood of transmitting HIV to others. (7) Discussion about social views on HIV and AIDS, including addressing unfounded stereotypes and myths regarding HIV and AIDS and people living with HIV. This instruction shall emphasize that successfully treated HIV-positive individuals have a normal life expectancy, all people are at some risk of contracting HIV, and the only way to know if one is HIV-positive is to get tested. (8) Information about local resources, how to access local resources, and pupils’ legal rights to access local resources for sexual and reproductive health care such as testing and medical care for HIV and other sexually transmitted infections and pregnancy prevention and care, as well as local resources for assistance with sexual assault and intimate partner violence. (9) Information about the effectiveness and safety of all FDA-approved contraceptive methods in preventing pregnancy, including, but not limited to, emergency contraception. Instruction on pregnancy shall include an objective discussion of all legally available pregnancy outcomes, including, but not limited to, all of the following: (A) Parenting, adoption, and abortion. (B) Information on the law on surrendering physical custody of a minor child 72 hours of age or younger, pursuant to Section 1255.7 of the Health and Safety Code and Section 271.5 of the Penal Code. (C) The importance of prenatal care. (10) Information about sexual assault, sexual harassment, sexual abuse, and human trafficking. Information on human trafficking shall include both of the following: (A) Information on the prevalence, nature, and strategies to reduce the risk of human trafficking, techniques to set healthy boundaries, and how to safely seek assistance. (B) Information on how social media and mobile device applications are used for human trafficking. (11) Information about adolescent relationship abuse and intimate partner violence, including the early warning signs thereof, and information about the resources available to pupils related to adolescent relationship abuse and intimate partner violence, including the National Domestic Violence Hotline and local domestic violence hotlines that provide confidential support services for pupils that have experienced domestic violence or stalking and are available by telephone 24 hours a day. (b) A school district may provide optional instruction, as part of comprehensive sexual health education and HIV prevention education, regarding the potential risks and consequences of creating and sharing sexually suggestive or sexually explicit materials through cellular telephones, social networking internet websites, computer networks, or other digital media. (c) A school district may provide comprehensive sexual health education or HIV prevention education consisting of age-appropriate instruction earlier than grade 7 using instructors trained in the appropriate courses. A school district that elects to offer comprehensive sexual health education or HIV prevention education earlier than grade 7 may provide age appropriate and medically accurate information on any of the general topics contained in paragraphs (1) to (11), inclusive, of subdivision (a). (Amended by Stats. 2024, Ch. 695, Sec. 1. (AB 2053) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 3. In-Service Training [51935 - 51936] SECTION 51935. Source version: id_87993781-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=3. (a) A school district shall cooperatively plan and conduct in-service training for all school district personnel that provide HIV prevention education, through regional planning, joint powers agreements, or contract services. (b) In developing and providing in-service training, a school district shall cooperate and collaborate with the teachers of the district who provide HIV prevention education and with the department. (c) In-service training shall be conducted periodically to enable school district personnel to learn new developments in the scientific understanding of HIV. In-service training shall be voluntary for school district personnel who have demonstrated expertise or received in-service training from the department or federal Centers for Disease Control and Prevention. (d) A school district may expand HIV in-service training to cover the topic of comprehensive sexual health education in order for school district personnel who provide comprehensive sexual health education to learn new developments in the scientific understanding of sexual health. (Amended by Stats. 2015, Ch. 398, Sec. 10. (AB 329) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 3. In-Service Training [51935 - 51936] SECTION 51936. Source version: id_8a763fc3-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=3. School districts may contract with outside consultants or guest speakers, including those who have developed multilingual curricula or curricula accessible to persons with disabilities, to deliver comprehensive sexual health education and HIV prevention education or to provide training for school district personnel. All outside consultants and guest speakers shall have expertise in comprehensive sexual health education and HIV prevention education and have knowledge of the most recent medically accurate research on the relevant topic or topics covered in their instruction. (Amended by Stats. 2015, Ch. 398, Sec. 11. (AB 329) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 4. Notice and Parental Excuse [51937 - 51939] SECTION 51937. Source version: id_8d5802f5-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=4. It is the intent of the Legislature to encourage pupils to communicate with their parents or guardians about human sexuality and HIV and to respect the rights of parents or guardians to supervise their children’s education on these subjects. The Legislature intends to create a streamlined process to make it easier for parents and guardians to review materials and evaluation tools related to comprehensive sexual health education and HIV prevention education, and, if they wish, to excuse their children from participation in all or part of that instruction or evaluation. The Legislature recognizes that while parents and guardians overwhelmingly support medically accurate, comprehensive sex education, parents and guardians have the ultimate responsibility for imparting values regarding human sexuality to their children. (Amended by Stats. 2015, Ch. 398, Sec. 13. (AB 329) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 4. Notice and Parental Excuse [51937 - 51939] SECTION 51938. Source version: id_90157547-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=4. (a) A parent or guardian of a pupil has the right to excuse their child from all or part of comprehensive sexual health education, HIV prevention education, and assessments related to that education through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for comprehensive sexual health education and HIV prevention education. (b) At the beginning of each school year, or, for a pupil who enrolls in a school after the beginning of the school year, at the time of that pupil’s enrollment, each school district shall notify the parent or guardian of each pupil about instruction in comprehensive sexual health education and HIV prevention education and research on pupil health behaviors and risks planned for the coming year. The notice shall do all of the following: (1) Advise the parent or guardian that written and audiovisual educational materials used in comprehensive sexual health education and HIV prevention education are available for inspection. (2) Advise the parent or guardian whether the comprehensive sexual health education or HIV prevention education will be taught by school district personnel or by outside consultants. A school district may provide comprehensive sexual health education or HIV prevention education, to be taught by outside consultants, and may hold an assembly to deliver comprehensive sexual health education or HIV prevention education by guest speakers, but if it elects to provide comprehensive sexual health education or HIV prevention education in either of these manners, the notice shall include the date of the instruction, the name of the organization or affiliation of each guest speaker, and information stating the right of the parent or guardian to request a copy of this section, Section 51933, and Section 51934. If arrangements for this instruction are made after the beginning of the school year, notice shall be made by mail or another commonly used method of notification, no fewer than 14 days before the instruction is delivered. (3) Include information explaining the parent’s or guardian’s right to request a copy of this chapter. (4) Advise the parent or guardian that the parent or guardian has the right to excuse their child from comprehensive sexual health education and HIV prevention education and that in order to excuse their child they must state their request in writing to the school district. (c) Notwithstanding Section 51513, anonymous, voluntary, and confidential research and evaluation tools to measure pupils’ health behaviors and risks, including tests, questionnaires, and surveys containing age-appropriate questions about the pupil’s attitudes concerning or practices relating to sex, may be administered to any pupil in grades 7 to 12, inclusive. A parent or guardian has the right to excuse their child from the test, questionnaire, or survey through a passive consent (“opt-out”) process. A school district shall not require active parental consent (“opt-in”) for these tests, questionnaires, or surveys in grades 7 to 12, inclusive. Parents or guardians shall be notified in writing that this test, questionnaire, or survey is to be administered, given the opportunity to review the test, questionnaire, or survey if they wish, notified of their right to excuse their child from the test, questionnaire, or survey, and informed that in order to excuse their child they must state their request in writing to the school district. (d) The use of outside consultants or guest speakers as described in paragraph (2) of subdivision (b) is within the discretion of the school district. (Amended by Stats. 2015, Ch. 398, Sec. 14. (AB 329) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.6. California Healthy Youth Act [51930 - 51939] ARTICLE 4. Notice and Parental Excuse [51937 - 51939] SECTION 51939. Source version: id_92dc3669-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.6.&article=4. (a) A pupil may not attend any class in comprehensive sexual health education or HIV prevention education, or participate in any anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks, if the school has received a written request from the pupil’s parent or guardian excusing the pupil from participation. (b) A pupil may not be subject to disciplinary action, academic penalty, or other sanction if the pupil’s parent or guardian declines to permit the pupil to receive comprehensive sexual health education or HIV prevention education or to participate in anonymous, voluntary, and confidential tests, questionnaires, or surveys on pupil health behaviors and risks. (c) While comprehensive sexual health education, HIV prevention education, or anonymous, voluntary, and confidential test, questionnaire, or survey on pupil health behaviors and risks is being administered, an alternative educational activity shall be made available to pupils whose parents or guardians have requested that they not receive the instruction or participate in the test, questionnaire, or survey. (Amended by Stats. 2015, Ch. 398, Sec. 15. (AB 329) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.7. Prevention of Brain and Spinal Cord Injuries [51940- 51940.] SECTION 51940. Source version: id_d7e99f39-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.7.&article= (a) The California Healthy Kids Resource Center, in consultation with the State Department of Education, shall review, acquire, and circulate curricula focused on the prevention of brain and spinal cord injuries for use, on a voluntary basis, by school districts maintaining kindergarten and any of grades 1 to 12, inclusive. (b) The curricula shall contain, at a minimum, age-appropriate components concerning all of the following: (1) Critical thinking related to learned behavioral patterns, including, but not limited to, strategies and behavioral patterns for avoiding common risk factors or situations. (2) Acceptance of individual responsibility for avoiding or controlling the risk of injury in activities of daily life, and awareness of the possible consequences of injury, especially the effects of serious brain or spinal cord injuries. (3) Recognition, avoidance, and management of high-risk situations, such as the following: (A) Use of automobiles or motorcycles as either a driver or passenger. (B) Consumption of intoxicating or consciousness-altering substances. (C) Participation in recreational activities that involve risk of significant physical injury. These activities include skiing, skydiving, hunting, mountain climbing, skateboarding, equestrian events, and other physically challenging pursuits or sports. (D) Presence as a spectator at events or a witness in circumstances where there is potential for physical injury. (c) The California Healthy Kids Resource Center shall notify school districts regarding the availability of the curricula. (d) The review, acquisition, and circulation of curricula pursuant to this section shall be contingent upon the California Healthy Kids Resource Center receiving funds to review, acquire, and circulate the brain and spinal cord injury prevention curricula. All funds necessary to implement this chapter shall be provided by nonstate sources. (Added by Stats. 2002, Ch. 755, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 5.8. Sexual Abuse and Sex Trafficking Prevention Education [51950- 51950.] SECTION 51950. Source version: id_fb76385e-c954-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=5.8.&article= (a) Except as required by subdivision (d), a school district may provide abuse, including sexual abuse and assault, and human trafficking prevention education. (b) For purposes of this section, “abuse, including sexual abuse and assault, and human trafficking prevention education” means instruction on the prevalence and nature of abuse, including sexual abuse and assault, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance. (c) The Superintendent, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, local educational agencies, and public entity risk pool joint powers authorities that provide risk management services to California schools, shall do all of the following: (1) On or before July 1, 2026, develop, disseminate to all school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools, and post on the department’s internet website, resources and information regarding all of the following: (A) Building awareness and understanding of appropriate boundaries regarding adult-to-pupil interactions and relationships. (B) Building awareness and understanding of appropriate professional boundaries between pupils and school personnel and volunteers. (C) Building awareness and understanding of appropriate pupil-to-pupil interactions and relationships. (D) Building awareness and understanding of the detection and indicators of inappropriate behaviors in adults and pupils, and strategies to reduce risk and establish healthy boundaries. (E) Options to report child abuse and assault, and inappropriate interactions and relationships, and to safely seek assistance. (2) On or before July 1, 2026, develop guidance on the appropriate means of instructing pupils regarding the prevention of abuse, including sexual abuse and assault, of pupils, consistent with all of the following: (A) The instruction shall be age appropriate and differentiated by grade and instructional setting. (B) The instruction shall include the prevention of abuse, including sexual abuse and assault, of children at home, in the community, on school grounds, by school personnel, other pupils, and school volunteers, or in school-sponsored programs. (C) The instruction shall be delivered by certificated personnel who do not otherwise have regular contact with the pupils receiving the instruction and who have received training described in subdivision (h). (d) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools may provide annual instruction, using the resources, information, and guidance developed and disseminated by the Superintendent pursuant to subdivision (c), to all enrolled pupils. (e) A parent or guardian of a pupil shall have the right to excuse their child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, and from the instruction described in subdivision (d), consistent with Section 51938. (f) The Superintendent may make available on the department’s internet website information about the education described in this section, resources on abuse, including sexual abuse and assault, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils. (g) A school district is encouraged to collaborate with its county’s child welfare probation, mental health, public health, and sheriff’s departments, juvenile court, and office of education on intervention programs for pupils and other minors. (h) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse and assault, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors. (Amended by Stats. 2025, Ch. 460, Sec. 13. (SB 848) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6. Homework Policies [52000- 52000.] SECTION 52000. Source version: id_f93f2544-b8d3-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.&article= (a) Each local educational agency is encouraged to do all of the following: (1) (A) By the start of the 2027–28 school year, develop a homework policy for all grades maintained by the local educational agency. (B) The goal of the policy is encouraged to be to promote evidence-based homework practices to support pupil learning and well-being, and to ensure consistency and clarity in assigning of homework. (C) The development of the policy is encouraged to involve significant stakeholder participation in order to ensure that the policies are responsive to the unique needs and desires of pupils, parents, and educators in each community, consistent with subdivision (b). (2) Formally adopt a final homework policy by the start of the 2028–29 school year, consistent with subdivision (c). (3) Update the adopted homework policy at least once every five years, consistent with subdivisions (b) and (c). (b) In developing and updating the homework policy, the governing board or body of the local educational agency is encouraged to convene stakeholders, including, but not limited to, pupils, parents, teachers and education specialists, administrators, and other school staff, to do all of the following: (1) Examine and collect data on the current homework practices of schools in the local educational agency, including the nature of assignments and the time required at each grade level. (2) Reflect on the effectiveness of these practices and identify strengths and weaknesses of current practices. (3) Solicit stakeholder feedback. (c) The local educational agency’s homework policy adoption, and any updates to the local educational agency’s homework policy, are encouraged to be publicly discussed, with public comment, and considered for adoption at a minimum of two separate regularly scheduled public meetings conducted pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (d) In developing and updating the homework policy, the governing board or body of the local educational agency is encouraged to consider all of the following: (1) Research on effective homework practices, including the quality of assignments and quantity of work assigned, which support pupil learning and well-being, including, but not limited to, mental and physical health. (2) Elements of a homework policy that ensure the use of effective homework practices to support pupil learning and well-being, including the quality of assignments, quantity of work assigned at each grade level, and days on which homework is assigned. (3) Equity in homework practices, including, but not limited to, the availability of supports needed to successfully complete homework, such as parental support and access to technology. (4) Different types of homework, including for practice, completion of in-class work, preparation, and extension. (5) Different educational placements and programs in which pupils are enrolled, including, but not limited to, independent study, honors courses, Advanced Placement courses, International Baccalaureate courses, dual enrollment courses, accelerated pathways, music programs, credit recovery programs, continuation schools, block scheduling, and project-based learning. (6) Individual pupil needs, including, but not limited to, pupils with individualized education programs adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), pupils with a plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), and English learners. (7) Developmental appropriateness of homework assigned in primary, intermediate, and secondary grades. (8) Grading practices for homework, including whether homework should be optional and whether it should be graded, and opportunities to complete makeup work for missed assignments. (9) The need for professional development and collaboration time for teachers to coordinate and implement effective homework practices. (10) The roles and responsibilities of all pupils, parents, teachers, and administrators in implementing the homework policy. (e) Local educational agencies are encouraged to annually distribute the adopted or updated homework policy at the beginning of the school year to all certificated staff and administrators, to all pupils and parents or legal guardians as part of the notification pursuant to Section 48980 or upon enrollment, and by publication on the local educational agency’s internet website and on the internet websites of the individual schools operated by the local educational agency. (f) (1) The department may develop and post on its internet website guidelines for local educational agencies to use in developing a local homework policy, as described in subdivision (a), including the processes described in subdivisions (b), (c), and (e), and the considerations listed in subdivision (d). (2) The department is encouraged to develop and post the guidelines by January 1, 2026. (g) A local educational agency that has formally adopted a homework policy on or before July 31, 2024, is encouraged to update its adopted homework policy before the start of the 2028–29 school year or within five years of its adoption, whichever is later, and the local educational agency’s updated homework policy is encouraged to be consistent with this section. (h) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 751, Sec. 3. (AB 2999) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 1. Legislative Findings and Intent [52050 - 52050.5] SECTION 52050. Source version: id_d7fa685b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=1. This chapter shall be known and may be cited as the Public Schools Accountability Act of 1999. (Added by Stats. 1999, 1st Ex. Sess., Ch. 3, Sec. 1. Effective June 25, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 1. Legislative Findings and Intent [52050 - 52050.5] SECTION 52050.5. Source version: id_d7fa685d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=1. The Legislature finds and declares all of the following: (a) The purpose of the California public school system is to provide for the academic development of each pupil and prepare each pupil, to the extent of his or her ability, to become a lifelong learner, equipped to live and succeed within the economic and societal complexities of the 21st century. (b) It is in the interest of the people and the future of this state to ensure that each child in California receives a high quality education consistent with all statewide content and performance standards, as adopted by the State Board of Education, and with a meaningful assessment system and reporting program requirements. (c) Recent assessments indicate that many pupils in California are not now, generally, progressing at a satisfactory rate to achieve a high quality education. (d) To remedy this, the state is in need of an immediate and comprehensive accountability system to hold each of the state’s public schools accountable for the academic progress and achievement of its pupils within the resources available to schools. (e) Any promising and effective accountability system must be based upon a constructive and collaborative process that seeks to include stakeholders in the accountability process. (f) Any promising and effective accountability system requires the active involvement of parents and guardians, pupils, educators, community leaders, school boards, and schoolsite teams. (g) The statewide school accountability system must encourage the active participation of parents and guardians, pupils, educators, and the local community in improving pupil achievement. (h) The statewide accountability system must be easily accessible and understandable to parents and others. (i) The statewide accountability system must include rewards that recognize high achieving schools as well as interventions and, ultimately, sanctions for schools that are continuously low performing. (j) It is also the intent of the Legislature that the comprehensive and effective school accountability system primarily focus on increasing academic achievement. (k) To achieve better pupil performance, it is the intent of the Legislature that any school accountability system do all of the following: (1) Encourage teacher preparation that allows teachers to develop the ability to inspire pupils to become lifelong learners. (2) Encourage teacher preparation and consistent ongoing professional development that serves to develop competency in content and pedagogy and that allows teachers to effectively involve themselves in promoting school accountability. (3) Encourage the involvement of the community and its stakeholders in the accountability system. (4) Encourage local community involvement in providing support for education and identifying causes of pupil failure and designing programs for remediation. (5) Approach accountability with an attitude of collaboration, encouragement, and correction. (6) Utilize the state infrastructure to support schools, school districts, and county offices of education in their efforts to improve pupil achievement and progress. (7) Encourage each local community to support and sustain high-quality educational programs and to build the capacity of educators and schools to succeed in educating every pupil. (8) Encourage active involvement of parents and guardians in the development and implementation of school accountability systems. (Added by Stats. 1999, 1st Ex. Sess., Ch. 3, Sec. 1. Effective June 25, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 2. Public School Performance Accountability Program [52052- 52052.] SECTION 52052. Source version: id_52a88bdd-5315-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=2. (a) (1) The single multiple measures public school accountability system authorized by Article 4.5 (commencing with Section 52059.5) shall measure the overall performance of numerically significant pupil subgroups in schools, including charter schools, school districts, and county offices of education. (2) For purposes of this section, numerically significant pupil subgroups include all of the following: (A) Ethnic subgroups. (B) Socioeconomically disadvantaged pupils. (C) English learners and, separately, long-term English learners, defined as a pupil who has not attained English language proficiency within seven years of initial classification as an English learner. (D) Pupils with disabilities. (E) Foster youth. (F) Homeless youth. (3) (A) For purposes of this section, a numerically significant pupil subgroup is one that consists of at least 30 pupils. (B) Notwithstanding subparagraph (A), for a subgroup of pupils who are foster youth, homeless youth, or long-term English learners, a numerically significant pupil subgroup is one that consists of at least 15 pupils. (b) To complement the multiple measures system, the Superintendent, with the approval of the state board, may develop and implement a program of school quality review that features locally convened panels to visit schools, observe teachers, interview pupils, and examine pupil work. (c) The Superintendent shall annually provide to local educational agencies and the public a transparent and understandable explanation of the individual components of the multiple measures system. (d) For purposes of the statewide system of support established pursuant to Article 4.5 (commencing with Section 52059.5), or any successor system, alternative schools include schools under the jurisdiction of a county board of education or a county superintendent of schools, community day schools, nonpublic, nonsectarian schools pursuant to Section 56366, and alternative schools serving high-risk pupils, including continuation high schools, dropout recovery high schools, and opportunity schools. (e) For purposes of this section, the following terms shall have the following meanings: (1) “Dropout recovery high school” means a school offering instruction in any of grades 9 to 12, inclusive, in which 50 percent or more of its pupils are either designated as dropouts pursuant to the exit and withdrawal codes developed by the department or left a school and were not otherwise enrolled in a school for a period of at least 180 days and the school provides instruction in partnership with any of the following: (A) The federal Workforce Innovation and Opportunity Act (Public Law 113-128). (B) Federally affiliated Youthbuild programs (29 U.S.C. Sec. 3226 et seq.). (C) Federal job corps training or instruction provided pursuant to a memorandum of understanding with the federal provider. (D) The California Conservation Corps or local conservation corps certified by the California Conservation Corps pursuant to Section 14406 or 14507.5 of the Public Resources Code. (2) “Homeless youth” has the same meaning as in Section 11434a(2) of Title 42 of the United States Code. (f) For any program identified in law that utilized a calculation pursuant to the former Academic Performance Index established pursuant to this section, as this section read on January 1, 2018, the 2013 growth calculation shall be applied for those purposes. For purposes of paragraphs (1) to (3), inclusive, of subdivision (b) of Section 47607, alternative measures that show increases in pupil academic achievement for all groups of pupils schoolwide and among numerically significant pupil subgroups shall be used. (Amended by Stats. 2023, Ch. 194, Sec. 18. (SB 141) Effective September 13, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.700. Source version: id_0f74f7c2-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. This article shall be known and may be cited as the Quality Education Investment Act of 2006. (Added by Stats. 2006, Ch. 751, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.710. Source version: id_1071ce54-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. It is the intent of the Legislature in enacting this article to accomplish all of the following: (a) Implement the terms of the proposed settlement agreement in California Teachers Association, et al. v. Arnold Schwarzenegger, et al. (Case Number 05CS01165 of the Superior Court for the County of Sacramento). (b) Provide for the discharge of the minimum state educational funding requirement of Section 8 of Article XVI of the California Constitution and Chapter 213 of the Statutes of 2004 for the 2004–05 and 2005–06 fiscal years. (c) Improve the quality of academic instruction and the level of pupil achievement in schools in which pupils have high levels of poverty and complex educational needs. (d) Develop exemplary school district and school practices that will create the working conditions and classroom learning environments that will attract and retain well qualified teachers, administrators, and other staff. (e) Focus school resources, including all categorical funds, solely on instructional improvement and services to pupils. (Added by Stats. 2006, Ch. 751, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.720. Source version: id_10bba896-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. (a) For purposes of this article, the following definitions apply: (1) “Academic Performance Index” or “API” means the Academic Performance Index established under Section 52052. (2) “CBEDS” means the California Basic Educational Data System. (3) “Funded school” means a school that is within a school district or chartering authority, receives funds allocated under this article, and complies with all applicable interim programs and alternative requirements described in this article. (4) The “High Priority Schools Grant Program” or “HPSGP” means the High Priority Schools Grant Program established under Article 3.5 (commencing with Section 52055.600). (5) “Secretary” means the Secretary for Education. (6) “Superintendent” means the Superintendent of Public Instruction. (b) Public schools and charter schools that are ranked in either decile 1 or 2 on the 2005 Academic Performance Index are eligible to receive funds under this article. (c) A school that is funded under the High Priority Schools Grant Program, has not met the annual growth target requirements under Section 52055.650, and is designated as a state sanctioned school is eligible to be funded under this article if the school undergoes a rigorous review directed by the Superintendent. (d) A school that is funded under the High Priority Schools Grant Program, and has met or is meeting the requirements of Section 52055.650, is eligible to receive funding under this article and the HPSGP if the school agrees to meet all accountability requirements of both programs. (e) A school that is funded under this article and continues to meet the program and achievement requirements of this article shall be funded annually through the 2013–14 fiscal year. (f) The funds appropriated pursuant to this article may be expended for any purpose identified under the schoolsite’s Single Plan for Pupil Achievement established under Section 64001. (Added by Stats. 2006, Ch. 751, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.730. Source version: id_b43ee455-3184-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. (a) The Superintendent shall identify and invite school districts and chartering authorities that have eligible schools to participate in the program established under this article. (b) The Superintendent shall notify school districts and chartering authorities at the earliest possible date of all of the following: (1) Schoolsites in the district or of a chartering authority that are eligible to receive funding pursuant to this article. (2) The program and accountability requirements for schools that receive funding pursuant to this article. (3) The deadlines for the submission of documents necessary to receive funding pursuant to this article. (4) Any other information the Superintendent deems necessary to implement this article. (c) The Superintendent shall specify the manner in which school districts and chartering authorities shall submit applications to receive funding pursuant to this article. It is the intent of the Legislature that this submission process be as simple as possible, use easily available data, and include the requirements of this article. (d) On or before June 30, 2007, the Superintendent, in consultation with interested parties, shall develop a uniform process that can be used to calculate average experience for purposes of reporting, analyzing, or evaluating the distribution of classroom teaching experience in grades, schoolsites, or subjects across the district. The uniform process shall include an index that uses the 2005–06 California Basic Educational Data System (CBEDS) Professional Assignment Information Form (PAIF), including any necessary corrections, as the base-reporting year to evaluate annual improvements of the funded schools toward balancing the index of teaching experience. The index shall be approved by the Superintendent. The uniform process shall designate teaching experience beyond 10 years as 10 years. (e) The Superintendent shall make applications submitted pursuant to subdivision (c) available for review by the president of the state board or his or her designee. The Superintendent, and the president of the state board or his or her designee, shall review the applications and select the schools for recommendation to the state board within 30 days after the date the application is submitted to the Superintendent. (f) After reviewing applications submitted pursuant to subdivision (c), the Superintendent and the president of the state board or his or her designee, jointly shall submit the recommendations for schools to be funded to the state board for approval. The recommendations shall ensure a wide geographic distribution of funded schools across urban, rural, and suburban areas of the state. Schools selected should also represent a diverse distribution of grade levels. If the Superintendent and the president of the state board or his or her designee cannot complete the review and recommendation process in the time provided, the Superintendent shall submit recommendations to the state board. (g) To the maximum extent possible the Superintendent and the state board shall recommend and approve sufficient schools to use all available funds. A school selected in the first year shall continue in the program unless it is terminated pursuant to subdivision (c) of Section 52055.740, it declines to participate, or there is evidence of fraud or fiscal irregularities. (h) In approving the recommendations for funding from the Superintendent and the president of the state board or his or her designee, the state board also shall verify that the funded schools represent the required balance, geographic distribution, and diverse distribution of grade levels. (i) The Superintendent shall perform the duties of a county superintendent of schools pursuant to this article for funded schools in those counties in which a single school district operates. The Superintendent may delegate this responsibility to a county superintendent of schools in the region in which the single district county is located. (j) The Superintendent and the president of the state board or his or her designee may select not more than two county offices of education to provide regional technical support, document best practices, and provide information regarding those practices and other support information to schools, school districts, and chartering authorities. It is the intent of the Legislature that these activities be merged to the maximum extent feasible with other state and federally funded activities with similar requirements. (Amended by Stats. 2011, Ch. 347, Sec. 24. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.740. Source version: id_115b921a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. (a) For each funded school, the county superintendent of schools for the county in which the school is located shall annually review the school and its data to determine if the school has met all of the following program requirements by the school by the end of the third full year of funding: (1) Meet all of the following class size requirements: (A) For kindergarten and grades 1 to 3, inclusive, no more than 20 pupils per class, as set forth in the Class Size Reduction Program (Chapter 6.10 (commencing with Section 52120)). (B) For self-contained classrooms in grades 4 to 8, inclusive, an average classroom size that is the lesser of clause (i) or (ii), as follows: (i) At least five pupils fewer per classroom than was the average in 2006–07. (ii) An average of 25 pupils per classroom. (iii) For purposes of this subparagraph, average classroom size shall be calculated at the grade level based on the number of self-contained classrooms in that grade at the schoolsite. If the self-contained classrooms at the school averaged fewer than 25 pupils per classroom during the 2005–06 school year, that lower average shall be used as the “average in 2006–07” for purposes of this subparagraph. A school that receives funding under this article shall not have a self-contained classroom in grades 4 to 8, inclusive, with more than 27 pupils regardless of its average classroom size. (C) For classes in English language arts, reading, mathematics, science, or history and social science courses in grades 4 to 12, inclusive, an average classroom size that is the lesser of clause (i) or (ii), as follows: (i) At least five pupils fewer per classroom than was the average in 2006–07. (ii) An average of 25 pupils per classroom. (iii) For purposes of this subparagraph, average classroom size shall be calculated at the grade level based on the number of subject-specific classrooms in that grade at the schoolsite. If the subject-specific classrooms at the school averaged fewer than 25 pupils per classroom during the 2005–06 school year, that lower average shall be used as the “average in 2006–07” for purposes of this subparagraph. A school that receives funding under this article shall not have a class in English language arts, reading, mathematics, science, or history and social science in grades 4 to 12, inclusive, with more than 27 pupils regardless of its average classroom size. (D) Not increase any other class sizes in the school above the size used during the 2005–06 school year. If a funded school has a low-enrollment innovative class, it may increase the number of pupils in that class to a number that does not exceed the schoolwide average. (2) In high schools, have a pupil-to-counselor ratio of no more than 300 to 1. Each counselor shall hold a services credential with a specialization in pupil personnel services issued by the Commission on Teacher Credentialing. (3) Ensure that each teacher in the school, including intern teachers, shall be highly qualified in accordance with the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). (4) Using the index established under Section 52055.730, have an average experience of classroom teachers in the school equal to or exceeding the average for the school district for this type of school. (5) Exceed the API growth target for the school averaged over the first three full years of funding. Beginning in the fifth year of participation, funded schools shall meet their annual API growth targets. If the school fails to meet its annual growth target, the school shall continue to receive funding pursuant to this article, but shall be subject to state review, assistance, and timeline requirements pursuant to the HPSGP under Section 52055.650. The schoolsite administrator shall not automatically be reassigned based solely on that failure. (b) For each funded school, the county superintendent of schools for the county in which the school is located shall annually review the school and its data to determine if the school has met all of the following interim requirements: (1) Be at least one-third of the way toward meeting each of the program requirements specified in paragraphs (1) to (5), inclusive, of subdivision (a) by the end of the first full year of funding. (2) Be at least two-thirds of the way toward meeting each of the program requirements specified in paragraphs (1) to (5), inclusive, of subdivision (a) by the end of the second full year of funding, and achieve full implementation by the end of the third full year and for each year thereafter. (3) Have provided professional development to at least one-third of teachers and instructional paraprofessionals in the school annually. (4) Meet all of the requirements of the settlement agreement in Williams v. State of California (Case Number CGC-00-312236 of the Superior Court for the County of San Francisco), including, among other things, the requirements regarding teachers, instructional materials, and school facilities, by the end of the first full year of funding, and in each year of funding thereafter. (c) (1) If a county superintendent of schools determines that a funded school has not substantially met the requirements of subdivision (b) after the first or second full year of funding, or any alternative program requirements approved under Section 52055.760, he or she shall notify the Superintendent. If all of the interim and final requirements are not met by the end of any subsequent school year, the Superintendent shall terminate funding for that school. (2) If the Superintendent terminates funding under this subdivision, the Superintendent shall provide advance notice to the district that is sufficient to allow the district a reasonable amount of time to make staff and other cost adjustments necessitated by the termination. The Superintendent shall provide the district with funds sufficient to cover the staff and other cost adjustments. (d) A school district or chartering authority that includes a participating school or schools for which funding is terminated pursuant to subdivision (c) may appeal that action to the state board. The state board shall order the reinstatement of funding if, on appeal, the school district or chartering authority demonstrates that the data upon which the county superintendent of schools relied is in error and that the school in question can fully demonstrate its compliance with the applicable requirements. (Added by Stats. 2006, Ch. 751, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.750. Source version: id_c2403ec9-e382-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. (a) A school district or chartering authority that receives funding pursuant to this article shall agree to do all of the following for each funded school within its jurisdiction: (1) Comply with the program requirements of this article and require that each funded schoolsite complete and meet the criteria of an academic review process that includes the elements of the school assistance and intervention team review process described in Section 52055.51, as that section read on January 1, 2013. (2) Ensure that funded schools meet the requirements of this article. (3) Ensure that each school administrator in a funded school is confirmed to have exemplary qualifications and experience by the end of the first full year of funding and in each year of funding thereafter. Those qualifications shall include the ability to support the success of all pupils by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community as well as the ability to advocate, nurture, and sustain a school culture and instructional program that is conducive to pupils learning and staff professional growth. The school district or chartering authority shall provide for high quality professional development for each administrator through leadership training, coaching, and mentoring and shall take all reasonable steps to maintain stable school leadership in schools that receive funding pursuant to this article. To the extent appropriate, the professional development shall be similar in quality and rigor to that provided pursuant to the Administrator Training Program under Article 4.6 (commencing with Section 44510) of Chapter 3 of Part 25. (4) Provide all fiscal and evaluation data requested by the Superintendent for initial approval, annual reviews, and reports. (5) Comply with subdivisions (a) to (c), inclusive, of Section 52055.630, as that section read on January 1, 2013, and in the same manner consult with the exclusive representative of classified employees. (6) Assist eligible schools in developing and carrying out a plan to implement the provisions of this article to ensure the school district’s plan supports the work of the school. (7) Agree to focus on conditions that improve instruction and achievement in funded schools. (8) Express its full understanding that not meeting annual and final program and academic achievement requirements under this article will result in the termination of funding. (9) Ensure that the funds received on behalf of funded schools are expended on that school, except that during the first partial year of funding school districts may use funding under this article for facilities necessary to meet the class size reduction requirements of this article, if all funds are spent on funded schools within the school district. (10) Use the uniform process recommended by the Superintendent pursuant to subdivision (d) of Section 52055.730 to ensure that the average teaching experience of the classroom teachers in funded schools is equal to or greater than the average teaching experience of classroom teachers in the school district as a whole. (b) If not expressly prohibited by federal law, a school district or chartering authority on behalf of a funded school is exempt from requirements imposed on the use of state categorical or federal funds in the consolidated application, except those funds related to economic impact aid, if those funds are identified in the revised plan of Section 52055.755. Funded schools are exempt from all program requirements associated with funds in the consolidated application, except requirements regarding parent advisory committees, schoolsite councils, and special education. Funds provided under the economic aid program shall not be used to implement this program. (c) Each funded school shall ensure that each teacher in a subject-specific classroom or teaching covered subjects participates in professional development that is made available by the school district or the schoolsite councils, is developed in a collaborative process with interested parties, and is articulated in an improvement plan. For purposes of this article, professional development activities may include collaboration time for teachers to develop new instructional lessons or analyze pupil data, mentoring projects for new teachers, or extra support for teachers to improve practice. At a minimum, appropriate professional development for the site shall be part of a coherent plan that combines school activities within the school, including, but not limited to, lesson study or coteaching, and external learning opportunities that meet all of the following criteria: (1) Are related to the academic subjects taught. (2) Provide time to meet and work with other teachers. (3) Support instruction and pupil learning to improve instruction in a manner that is consistent with academic content standards. (4) Include an average of 40 hours per teacher per year. (d) At a minimum, professional development in a self-contained classroom shall include content regarding mathematics, science, English language arts, reading, and English language development. Professional development for teachers teaching subject specific courses shall include the specific subject and English language development. To the extent appropriate the professional development shall be similar in quality and rigor to the training provided under the Mathematics and Reading Professional Development Program in Article 3 (commencing with Section 99230) of Chapter 5 of Part 65 of Division 14 of Title 3. (e) On or before the end of the first three years of full funding, funded schools shall do the following: (1) Increase actual pupil attendance, as compared with monthly enrollment in the school. (2) For secondary schools, increase graduation rates as described in Section 52055.640. (Amended by Stats. 2013, Ch. 47, Sec. 101. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.755. Source version: id_11fb066e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. With assistance from the school district or the chartering authority, or, where appropriate, with regional assistance provided under subdivision (j) of Section 52055.730, each funded school shall revise its plan adopted pursuant to Section 64001. The revised plan shall do all of the following: (a) Include funds available pursuant to this article, including, but not limited to, the categorical funds described in subdivision (b) of Section 52055.750, unless expressly excluded under that section. (b) Describe the manner in which the requirements of this act will be met. (c) Focus on instructional improvement and improving instructional conditions. (Added by Stats. 2006, Ch. 751, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.760. Source version: id_c9c59a87-3184-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. (a) A school district or chartering authority may apply for authority from the Superintendent to use alternative program requirements if the district or authority demonstrates that compliance with alternative program requirements would provide a higher level of academic achievement among pupils than compliance with the interim and program requirements of this article. (b) Alternative program requirements may be used to serve no more than 15 percent of the pupils funded pursuant to this article. Alternative programs shall serve the entire school. (c) A school district or chartering authority may use alternative program requirements at a funded school if all the following criteria are satisfied: (1) The proposed alternative requirements are based on reliable data and are consistent with sound scientifically based research consistent with subdivision (j) of Section 44757.5 on effective practices. (2) The costs of complying with the proposed alternative requirements do not exceed the amount of funding received by the school district or chartering authority pursuant to this article. (3) Funded schools agree to comply with the alternative program requirements and be subject to the termination procedures specified in subdivision (c) of Section 52055.740. Funded schools with alternative programs shall also be required to exceed the API growth target for the school averaged over the first three fully funded years and annually thereafter. (4) The Superintendent and the president of the state board or his or her designee jointly have reviewed the proposed alternative funded schools of the school district or chartering authority for purposes of this section and have recommended to the state board for its approval those schools, using the same process as for the regular program recommendations. (d) The Superintendent shall give priority for approval of schools with alternative programs to any school serving any of grades 9 to 12, inclusive, that has demonstrated to the satisfaction of the Superintendent and the president of the state board or his or her designee that the school cannot decrease class sizes as required under this article due to extraordinary issues relating to facilities, or due to the adverse impact of the requirements of this program, if implemented in the school, on the eligibility of the school district for state school facility funding. (Amended by Stats. 2011, Ch. 347, Sec. 25. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.765. Source version: id_12971f62-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. (a) The department shall perform, or contract with an independent evaluator to perform, all of the following: (1) Compose a progress report on or before January 1, 2010, and a second progress report on or before January 1, 2012, on the implementation of the program authorized under this article. (2) On or before January 1, 2014, conduct a final evaluation of the implementation of the program authorized under this article. (3) Provide a report to the Legislature and the Governor regarding the final evaluation completed under paragraph (2) and, in that report, make recommendations to continue, modify, or terminate the program by January 1, 2014, based upon the results in meeting the measurements described in subdivision (b). (b) The evaluation of the effectiveness of the program shall be based on effectiveness of strategies used by schools to implement the program and meet its accountability requirements pursuant to this article. (c) The reports shall include pupil achievement data, disaggregated by subgroups, as required by the Academic Performance Index. (d) The department may use resources provided pursuant to subdivision (j) of Section 52055.770, or funds allocated in the annual Budget Act, for the purposes of carrying out the requirements of this section. (Added by Stats. 2006, Ch. 751, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.770. Source version: id_4c273cc6-fe2d-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. (a) School districts and chartering authorities shall receive funding at the following rate, on behalf of funded schools: (1) For kindergarten and grades 1 to 3, inclusive, five hundred dollars ($500) per enrolled pupil in funded schools. (2) For grades 4 to 8, inclusive, nine hundred dollars ($900) per enrolled pupil in funded schools. (3) For grades 9 to 12, inclusive, one thousand dollars ($1,000) per enrolled pupil in funded schools. (b) For purposes of subdivision (a), enrollment of a pupil in a funded school in the prior fiscal year shall be based on data from the CBEDS. For the 2007–08 fiscal year, the funded rates shall be reduced to reflect the percentage difference in the total amounts appropriated for purposes of this section in that year compared to the amounts appropriated for purposes of this section in the 2008–09 fiscal year. (c) The following amounts are hereby appropriated from the General Fund for the purposes set forth in subdivision (g): (1) For the 2007–08 fiscal year, three hundred million dollars ($300,000,000), to be allocated as follows: (A) Thirty-two million dollars ($32,000,000) for transfer by the Controller to Section B of the State School Fund for allocation by the Chancellor of the California Community Colleges to community colleges for the purpose of providing funding to the community colleges to improve and expand career technical education in public secondary education and lower division public higher education pursuant to Section 88532, including the hiring of additional faculty to expand the number of career technical education programs and course offerings. (B) Two hundred sixty-eight million dollars ($268,000,000) for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent pursuant to this article. (2) For each of the 2008–09 and 2011–12 fiscal years, four hundred fifty million dollars ($450,000,000) per fiscal year, to be allocated as follows: (A) Forty-eight million dollars ($48,000,000) for transfer by the Controller to Section B of the State School Fund for allocation by the Chancellor of the California Community Colleges to community colleges as required under subdivision (e) for the 2008–09 fiscal year, and under subdivision (f) for the 2011–12 fiscal year. (B) Four hundred two million dollars ($402,000,000) for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent pursuant to this article. (3) For the 2009–10 fiscal year, thirty million dollars ($30,000,000), to be allocated for transfer by the Controller to Section B of the State School Fund for allocation by the Chancellor of the California Community Colleges to community colleges as required under subdivision (e). (4) For the 2010–11 fiscal year, four hundred twenty million dollars ($420,000,000), to be allocated as follows: (A) Eighteen million dollars ($18,000,000) for transfer by the Controller to Section B of the State School Fund for allocation by the Chancellor of the California Community Colleges to community colleges as required under subdivision (e). (B) Four hundred two million dollars ($402,000,000) for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent pursuant to this article. (5) For the 2014–15 fiscal year, four hundred nine million six hundred fourteen thousand dollars ($409,614,000), the amount determined by the Director of Finance to be the amount of the difference between the sum of amounts appropriated under paragraphs (1) to (4), inclusive, and Section 41207.6, and the total fiscal settlement agreed to by the parties in California Teachers Association, et al. v. Arnold Schwarzenegger (Super. Ct., Sacramento County, 2006, No. 05CS01165), to be allocated pursuant to subparagraphs (A) to (C), inclusive. The sum of all fiscal years of funding provided pursuant to this section and Section 41207.6 shall not exceed the total funds agreed to by those parties, in accordance with both of the following: (A) Forty-eight million dollars ($48,000,000) for transfer by the Controller to Section B of the State School Fund for allocation by the Chancellor of the California Community Colleges to community colleges as required under subdivision (d) of Section 52055.780. (B) (i) Two hundred sixty-seven million dollars ($267,000,000) for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent pursuant to this article. (ii) Notwithstanding any other law, funds appropriated for the 2014–15 fiscal year pursuant to clause (i) that are not allocated to schools with kindergarten or grades 1 to 12, inclusive, due to program termination or otherwise, shall be reallocated within the fiscal year for purposes of this article. The amount reallocated shall be distributed based on the proportionate share of funding each school that was funded received pursuant to this paragraph for the 2014–15 fiscal year. (C) Ninety-four million six hundred fourteen thousand dollars ($94,614,000) for transfer by the Controller to the School Facilities Emergency Repair Account pursuant to Section 17592.71. (6) Commencing with the 2010–11 fiscal year, payments made pursuant to this subdivision shall be made only on or after October 8 of each fiscal year. (d) The sum transferred under subparagraph (A) of paragraph (2) of subdivision (c) for the 2008–09 fiscal year shall be allocated by the Chancellor of the California Community Colleges as follows: (1) Thirty-eight million dollars ($38,000,000) to the community colleges for the purpose of providing funding to the community colleges to improve and expand career technical education in public secondary education and lower division public higher education pursuant to Section 88532, including the hiring of additional faculty to expand the number of career technical education programs and course offerings. (2) Ten million dollars ($10,000,000) to the community colleges for the purpose of providing one-time block grants to community college districts to be used for one-time items of expenditure, including, but not limited to, the following purposes: (A) Physical plant, scheduled maintenance, deferred maintenance, and special repairs. (B) Instructional materials and support. (C) Instructional equipment, including equipment related to career technical education, with priority for nursing program equipment. (D) Library materials. (E) Technology infrastructure. (F) Hazardous substances abatement, cleanup, and repair. (G) Architectural barrier removal. (H) State-mandated local programs. (3) The Chancellor of the California Community Colleges shall allocate the amount allocated pursuant to paragraph (2) to community college districts on an equal amount per actual full-time equivalent student (FTES) reported for the prior fiscal year, except that each community college district shall be allocated an amount not less than fifty thousand dollars ($50,000), and the equal amount per unit of FTES shall be computed accordingly. (4) Funds allocated under paragraph (2) shall supplement and not supplant existing expenditures and may not be counted as the community college district contribution for physical plant projects and instructional material purchases funded in Item 6870-101-0001 of Section 2.00 of the annual Budget Act. (e) For each of the 2011–12 and 2014–15 fiscal years, the sum transferred pursuant to subparagraph (A) of paragraph (2) and subparagraph (A) of paragraph (5) of subdivision (c) shall be allocated by the Chancellor of the California Community Colleges to the community colleges for the purpose of improving and expanding career technical education in public secondary education and lower division public higher education pursuant to Section 88532, including the hiring of additional faculty to expand the number of career technical education programs and course offerings. (f) The appropriations made under subdivision (c) and the amount specified in Section 41207.6 are for the purpose of discharging in full the minimum state educational funding obligation to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution and Chapter 213 of the Statutes of 2004 for the 2004–05 fiscal year, and the outstanding maintenance factor for the 2005–06 fiscal year resulting from this additional payment of the Chapter 213 amount for the 2004–05 fiscal year. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, including computation of the state’s minimum funding obligation to school districts and community college districts in subsequent fiscal years, the first one billion six hundred twenty million nine hundred twenty-eight thousand dollars ($1,620,928,000) in appropriations made pursuant to subdivision (c) and the amount specified in Section 41207.6 shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 and “General Fund Revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2004–05 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for that fiscal year. The remaining appropriations made pursuant to subdivision (c) and the amount specified in Section 41207.6 shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, and “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2005–06 fiscal year and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for that fiscal year. (h) From funds appropriated under subdivision (c), the Superintendent shall provide both of the following: (1) Not more than two million dollars ($2,000,000) annually to county superintendents of schools to carry out the requirements of this article, allocated in a manner similar to that created to carry out the new duties of those superintendents under the settlement agreement in the case of Williams v. California (Super. Ct. San Francisco, No. CGC-00-312236). (2) Five million dollars ($5,000,000) in the 2007–08 fiscal year to support regional assistance under Section 52055.730. It is the intent of the Legislature that the Superintendent and the president of the state board or his or her designee, along with county offices of education, seek foundational and other financial support to sustain and expand these services. Funds provided under this paragraph that are not expended in the 2007–08 fiscal year shall be reappropriated for use in subsequent fiscal years for the same purpose. (i) Notwithstanding any other law, funds appropriated under subdivision (c) but not allocated to schools with kindergarten or grades 1 to 12, inclusive, in a fiscal year, due to program termination in any year or otherwise, shall be reappropriated in furtherance of the purposes of this article. First priority for those amounts shall be to provide cost-of-living increases and enrollment growth adjustments to funded schools. (j) The sum of three hundred fifty thousand dollars ($350,000) is hereby appropriated from the General Fund to the department to fund 3.0 positions to implement this article. Funding provided under this subdivision is not part of funds provided pursuant to subdivision (c). (Amended by Stats. 2014, Ch. 32, Sec. 40. (SB 858) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 3.7. Quality Education Investment Act of 2006 [52055.700 - 52055.780] SECTION 52055.780. Source version: id_c056298a-1189-11e2-9869-ea114ea61ec7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=3.7. (a) School districts and chartering authorities shall receive funding at the following rate, on behalf of funded schools: (1) For kindergarten and grades 1 to 3, inclusive, five hundred dollars ($500) per enrolled pupil in funded schools. (2) For grades 4 to 8, inclusive, nine hundred dollars ($900) per enrolled pupil in funded schools. (3) For grades 9 to 12, inclusive, one thousand dollars ($1,000) per enrolled pupil in funded schools. (b) For purposes of subdivision (a), enrollment of a pupil in a funded school in the prior fiscal year shall be based on data from the CBEDS. (c) For the 2012–13 fiscal year, three hundred sixty-one million dollars ($361,000,000) is hereby appropriated from the General Fund to be allocated as follows: (1) Forty-eight million dollars ($48,000,000) for transfer by the Controller to Section B of the State School Fund for allocation by the Chancellor of the California Community Colleges to community colleges as required under subdivision (d). (2) Three hundred thirteen million dollars ($313,000,000) for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent pursuant to this article. (3) Payments made pursuant to this subdivision shall be made only on or after October 8 of the 2012–13 fiscal year. (d) The sum transferred pursuant to paragraph (1) of subdivision (c) shall be allocated by the Chancellor of the California Community Colleges to the community colleges for the purpose of improving and expanding career technical education in public secondary education and lower division public higher education pursuant to Section 88532, including the hiring of additional faculty to expand the number of career technical education programs and course offerings. (e) For the 2013–14 fiscal year, three hundred sixty-one million dollars ($361,000,000) is hereby appropriated from the General Fund to be allocated as follows: (1) Forty-eight million dollars ($48,000,000) for transfer by the Controller to Section B of the State School Fund for allocation by the Chancellor of the California Community Colleges to community colleges as required under subdivision (d). (2) Three hundred thirteen million dollars ($313,000,000) for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent pursuant to this article. (f) From funds appropriated under subdivision (c), the Superintendent shall provide not more than two million dollars ($2,000,000) to county superintendents of schools to carry out the requirements of this article, allocated in a manner similar to that created to carry out the new duties of those superintendents under the settlement agreement in the case of Williams v. California (Super. Ct. San Francisco, No. CGC–00–312236). (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, including computation of the state’s minimum funding obligation to school districts and community college districts in subsequent fiscal years, the appropriations made pursuant to subdivisions (c) and (e) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 and “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2012–13 and 2013–14 fiscal years and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for that fiscal year. (Amended by Stats. 2012, Ch. 575, Sec. 3. (SB 1028) Effective September 26, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52059.5. Source version: id_8605b4f4-815e-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) A single system for providing support to local educational agencies and schools pursuant to this article and for federal programs pursuant to the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) is hereby established. (b) The purpose of this statewide system of support is to build the capacity of local educational agencies to do all of the following: (1) Support the continuous improvement of pupil performance within the state priorities as described in Sections 52060 and 52066. (2) Address the gaps in achievement between pupil subgroups as described in Section 52052. (3) Improve outreach and collaboration with stakeholders to ensure that goals, actions, and services as described in school district and county office of education local control and accountability plans reflect the needs of pupils and the community, especially for historically underrepresented or low-achieving populations. (Added by Stats. 2018, Ch. 32, Sec. 61. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52060. Source version: id_a61c9f37-0c97-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) On or before July 1, 2014, the governing board of each school district shall adopt a local control and accountability plan using a template adopted by the state board. (b) A local control and accountability plan adopted by the governing board of a school district shall be effective for a period of three years, and shall be updated on or before July 1 of each year. (c) A local control and accountability plan adopted by the governing board of a school district shall include, for the school district and each school within the school district, all of the information specified in the template adopted by the state board pursuant to Section 52064. (d) All of the following are state priorities for purposes of a school district’s local control and accountability plan: (1) The degree to which the teachers of the school district are appropriately assigned in accordance with Section 44258.9, and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the school district has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair, as defined in subdivision (d) of Section 17002. (2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or former Section 60811.4, as that section read on June 30, 2016, for purposes of gaining academic content knowledge and English language proficiency. (3) (A) Parental involvement and family engagement, including efforts the school district makes to seek parent input in making decisions for the school district and each individual schoolsite, and including how the school district will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. (B) Family engagement may include, but need not be limited to, efforts by the school district and each individual schoolsite to apply research-based practices, such as welcoming all families into the school community, engaging in effective two-way communication, supporting pupil success, and empowering families to advocate for equity and access. Family engagement may include, but need not be limited to, treating families as partners to inform, influence, and create practices and programs that support pupil success and collaboration with families and the broader community, expand pupil learning opportunities and community services, and promote civic participation. (4) Pupil achievement, as measured by all of the following, as applicable: (A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. (B) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University. (C) The percentage of pupils who have successfully completed courses that satisfy the requirements for career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. (D) The percentage of pupils who have successfully completed both types of courses described in subparagraphs (B) and (C). (E) The percentage of English learner pupils who make progress toward English proficiency as measured by the English Language Proficiency Assessments for California or any subsequent assessment of English proficiency, as certified by the state board. (F) The English learner reclassification rate. (G) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. (H) The percentage of pupils who demonstrate college preparedness pursuant to the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. (5) Pupil engagement, as measured by all of the following, as applicable: (A) School attendance rates. (B) Chronic absenteeism rates. (C) Middle school dropout rates. (D) High school dropout rates. (E) High school graduation rates. (6) School climate, as measured by all of the following, as applicable: (A) Pupil suspension rates. (B) Pupil expulsion rates. (C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. (7) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. (8) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. (e) For purposes of the descriptions required by subdivision (b) of Section 52064, the governing board of a school district may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subdivision (b) of Section 52052 or any other reviews. (f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on the California School Dashboard maintained by the department pursuant to Section 52064.5. (g) The governing board of a school district shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the school district, parents, and pupils in developing a local control and accountability plan. (h) A school district may identify local priorities, goals in regard to the local priorities, and the method for measuring the school district’s progress toward achieving those goals. (Amended by Stats. 2019, Ch. 783, Sec. 1. (AB 1240) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52061. Source version: id_b6867d8a-bd0a-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. On or before July 1, 2015, and each year thereafter, a school district shall update the local control and accountability plan. The annual update shall be developed using a template adopted by the state board pursuant to Section 52064 and shall include all of the information specified in the template. (Amended by Stats. 2018, Ch. 426, Sec. 22. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52062. Source version: id_3b9b3bbb-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) Before the governing board of a school district considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur: (1) The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the applicable committees pursuant to Section 52063 for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the parent advisory committee. (2) The superintendent of the school district shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52063, if applicable, for review and comment. The superintendent of the school district shall respond, in writing, to comments received from the English learner parent advisory committee. (3) The superintendent of the school district shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a school district to produce printed notices or to send notices by mail. The superintendent of the school district shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985. (4) The superintendent of the school district shall review school plans submitted pursuant to Section 64001 for schools within the school district and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001. (5) The superintendent of the school district shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs. (6) (A) The superintendent of the school district shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year as part of a nonconsent item at a regularly scheduled meeting of the governing board of the school district. (B) The report shall include both of the following: (i) All available midyear outcome data related to metrics identified in the current year’s local control and accountability plan. (ii) All available midyear expenditure and implementation data on all actions identified in the current year’s local control and accountability plan. (b) (1) A governing board of a school district shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by paragraph (1) of subdivision (a) of Section 42127. (2) A governing board of a school district shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the governing board of the school district adopts a budget pursuant to paragraph (2) of subdivision (a) of Section 42127. (c) A governing board of a school district may adopt revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. A governing board of a school district may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting. (Amended by Stats. 2024, Ch. 38, Sec. 70. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52063. Source version: id_274d26e6-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) (1) The governing board of a school district shall establish a parent advisory committee to provide advice to the governing board of the school district and the superintendent of the school district regarding the requirements of this article. (2) A parent advisory committee shall include parents or legal guardians of currently enrolled pupils in the school district to whom one or more of the definitions in Section 42238.01 apply, and parents or legal guardians of currently enrolled pupils with disabilities in the school district. (3) A parent advisory committee of a school district serving middle school or high school pupils shall include at least two pupils as full members. The pupils shall serve for a renewable term of one full school year. (4) This subdivision shall not require the governing board of a school district serving middle school or high school pupils to include two pupil members on the parent advisory committee if the governing board of the school district establishes or has already established a student advisory committee pursuant to subdivision (b). (5) This subdivision shall not require the governing board of the school district to establish a new parent advisory committee if the governing board of the school district already has established a parent advisory committee that meets the requirements of this subdivision, including any committee established to meet the requirements of the federal Elementary and Secondary Education Act, as amended by the federal Every Student Succeeds Act (Public Law 114-95), pursuant to Section 1116 of Subpart 1 of Part A of Title I of that act. (b) (1) The governing board of a school district serving middle school or high school pupils shall establish a student advisory committee to provide advice to the governing board of the school district and the superintendent of the school district regarding the requirements of this article. (2) This subdivision shall not require the governing board of a school district serving middle school or high school pupils to establish a new student advisory committee if the governing board of the school district already has established a student advisory committee that meets the requirements of this subdivision, or has two established pupil positions on the parent advisory committee pursuant to subdivision (a). (c) (1) The governing board of a school district shall establish an English learner parent advisory committee if the enrollment of the school district includes at least 15 percent English learners and the school district enrolls at least 50 pupils who are English learners. (2) This subdivision shall not require the governing board of the school district to establish a new English learner parent advisory committee if the governing board of the school district already has established a committee that meets the requirements of this subdivision. (d) A school district shall take into consideration that the pupil members of a parent advisory committee or student advisory committee represent the diversity of the school district’s pupils, including geographical, socioeconomic, cultural, physical, and educational diversity. Particular effort should be made to reach out to at-risk or disadvantaged pupils to serve as members of a parent advisory committee or student advisory committee, as their participation will provide keen insight into many of the issues that pupils face in their day-to-day lives. (e) This section shall become operative on July 1, 2024. (Repealed (in Sec. 2) and added by Stats. 2022, Ch. 922, Sec. 3. (SB 997) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52064. Source version: id_38d1db7f-20e9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) On or before March 31, 2014, the state board shall adopt a template for a local control and accountability plan and an annual update to the local control and accountability plan for the following purposes: (1) For use by school districts to meet the requirements of Sections 52060 to 52063, inclusive. (2) For use by county superintendents of schools to meet the requirements of Sections 52066 to 52069, inclusive. (3) For use by charter schools to meet the requirements of Section 47606.5. (b) On or before January 31, 2022, the template adopted by the state board shall require the inclusion of all of the following information: (1) A description of the annual goals, for all pupils and each subgroup of pupils identified pursuant to Section 52052, to be achieved for each of the state priorities identified in subparagraph (A) of paragraph (5) of subdivision (c) of Section 47605, subparagraph (A) of paragraph (5) of subdivision (b) of Section 47605.6, subdivision (d) of Section 52060, or subdivision (d) of Section 52066, as applicable, and for any additional local priorities identified by the governing board of the school district, the county board of education, or in the charter school petition. For purposes of this article, a subgroup of pupils identified pursuant to Section 52052 shall be a numerically significant pupil subgroup as specified in subdivision (a) of Section 52052. (2) A description of the specific actions that the school district, county office of education, or charter school will take during each year of the local control and accountability plan to achieve the goals identified in paragraph (1), including actions to implement work related to technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5. The specific actions shall not supersede the provisions of existing local collective bargaining agreements, if any, within the jurisdiction of the school district, county office of education, or charter school. (3) One or more summary tables listing and describing the budgeted expenditures for the ensuing fiscal year implementing each specific action included in the local control and accountability plan, including expenditures and specific actions for the ensuing fiscal year that will serve unduplicated pupils, as defined in Section 42238.02, including long-term English learners, and pupils redesignated as fluent English proficient. The summary table or tables shall include both of the following: (A) The total overall expenditures for all specific actions included in the local control and accountability plan, broken down by personnel and nonpersonnel expenditures. (B) The subtotals of expenditures for each specific action included in the local control and accountability plan broken down into the following categories: (i) Funds apportioned under the local control funding formula pursuant to Section 42238.02. (ii) All other state funds. (iii) All local funds. (iv) All federal funds. (4) One or more summary tables listing and describing all of the specific actions and budgeted expenditures in paragraph (3) that contribute to the demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, grouped as follows: (A) Specific actions and budgeted expenditures provided to all pupils on a districtwide, countywide, or charterwide basis. (B) Specific actions and budgeted expenditures that are targeted only to one or more unduplicated pupil subgroups. For these specific actions, the description shall specify the unduplicated pupil subgroup or subgroups that are targeted by each specific action and, if not provided at all schools, the school or schools where the specific action is provided. (C) Only for school districts and county offices of education that operate more than one schoolsite, specific actions and budgeted expenditures provided to all pupils on a schoolwide basis, but only at schools serving certain grade spans or only at one or more schools. For these specific actions, the description shall specify the school or schools at which the specific action is provided. (5) An estimate of the funds to be apportioned in the ensuing fiscal year on the basis of the number and concentration of unduplicated pupils and calculation of the percent the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07. (6) (A) A demonstration that the school district, county office of education, or charter school will increase or improve services for unduplicated pupils in the ensuing fiscal year in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07. (B) As part of the demonstration required by subparagraph (A), the summary tables required by paragraph (4) shall demonstrate both of the following: (i) That the full proportionality obligation referenced in paragraph (1) of subdivision (a) of Section 42238.07 is being met annually through the listed actions and services. (ii) Each action’s quantitative contribution toward the proportionality obligation as expenditures or its qualitative contribution as a percentage of increased or improved services for unduplicated pupils over and above the level of services provided to all pupils, consistent with the regulations adopted by the state board pursuant to Section 42238.07. (7) A review of the progress toward the goals included in the existing local control and accountability plan, a review of any changes in the applicability of the goals, an assessment of the effectiveness, or lack thereof, of the specific actions described in the existing local control and accountability plan toward achieving the goals, a description of changes to the specific actions and related expenditures or quality improvements the school district, county office of education, or charter school will make as a result of the review and assessment, and an update on progress implementing the specific actions in the current fiscal year, including estimated actual expenditures for the specific actions and actual quality improvements. (8) (A) The calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07. (B) If applicable to the school district, county office of education, or charter school pursuant to subdivision (d) of Section 42238.07, a description of the specific actions and related expenditures to be implemented using the funds specified in that paragraph, including a demonstration that the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07. (9) A plan summary that includes general information about the school district, county office of education, or charter school and highlights of the local control and accountability plan and annual update to the local control and accountability plan, including reflections on annual performance on the California School Dashboard authorized in Section 52064.5 and other local data and, as applicable, a summary of the work underway as part of technical assistance pursuant to Section 47607.3, 52071, 52071.5, 52072, or 52072.5. (10) A summary of the stakeholder engagement process, including stakeholders at schools generating funding pursuant to Section 42238.024, and how stakeholder engagement influenced the development of the adopted local control and accountability plan and annual update to the local control and accountability plan. (11) For local educational agencies that receive concentration grant funding pursuant to Section 42238.02, a demonstration that the additional funding received as a result of the increased concentration grant add-on percent specified in subparagraph (B) of paragraph (1) of subdivision (f) of Section 42238.02 will be used to increase the number of credentialed staff, classified staff, or both of those, that provide direct services to pupils, including custodial staff, on school campuses with greater than 55-percent unduplicated pupil enrollment in the prior year as compared to the staff-to-pupil ratios at schools within the local educational agency with an unduplicated pupil enrollment in the prior year of 55 percent or less, if any. (c) If possible, the templates identified in paragraph (2) of subdivision (a) for use by county superintendents of schools shall allow a county superintendent of schools to develop a single local control and accountability plan that would also satisfy the requirements of Section 48926. (d) (1) The template for the local control and accountability plan and annual update to the local control and accountability plan shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The state board shall include instructions for school districts, county offices of education, and charter schools to complete the local control and accountability plan and annual update to the local control and accountability plan consistent with the requirements of this section. The state board may include more technical language in the instructions. (2) Except as provided in paragraph (3), the state board shall not require school districts, county offices of education, or charter schools to provide any information in addition to the information required pursuant to subdivision (b). (3) The state board may require the inclusion of additional information in the template in order to meet requirements of federal law, including meeting the requirements of Section 300.600 of Title 34 of the Code of Federal Regulations. (e) (1) The process of developing and annually updating the local control and accountability plan shall support school districts, county offices of education, and charter schools in comprehensive strategic planning, accountability, and improvement across the state priorities, particularly to address and reduce disparities in opportunities and outcomes between pupil groups indicated by the California School Dashboard, and any locally identified priorities through meaningful engagement with local stakeholders. (2) In developing the template for the local control and accountability plan and annual update to the local control and accountability plan, the state board shall ensure that school districts, county offices of education, and charter schools track and report their progress annually on all state priorities, including the applicable metrics specified within each state priority and, for charter schools, in accordance with Section 47606.5. (3) For each action and budgeted expenditure provided to all pupils on a districtwide, countywide, or charterwide basis pursuant to Section 42238.07, one or more specific metrics to monitor the intended outcome of that action and budgeted expenditure shall be identified. (4) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools should prioritize the focus of the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan within one or more state priorities. The instructions shall further specify that school districts, county offices of education, and charter schools shall consider their performance on the state and local indicators, including their locally collected and reported data for the local indicators, that are included in the California School Dashboard authorized in Section 52064.5 in determining whether and how to prioritize the goals, specific actions, and related expenditures included within the local control and accountability plan and annual update to the local control and accountability plan. (5) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools that have a numerically significant English learner pupil subgroup shall include specific actions in the local control and accountability plan related to, at a minimum, the language acquisition programs, as defined in Section 306, provided to pupils and professional development activities specific to English learners, including long-term English learners. (6) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 2024–25 school year, school districts, county offices of education, and charter schools shall include specific actions in the local control and accountability plan to address all instances where a school or pupil group within a local educational agency, or a pupil group within a school, receives the lowest performance level on one or more state indicators on the California School Dashboard. The results of the California School Dashboard in the year preceding the adoption of the local control and accountability plan shall determine the instances of low performance that shall apply for the three-year period in which the local control and accountability plan is in effect pursuant to subdivision (b) of Section 52060 or subdivision (b) of Section 52066, as applicable. (7) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that beginning with local control and accountability plans for the 2024–25 school year, local educational agencies receiving funding pursuant to Section 42238.024 shall include focused goals for each school generating funding pursuant to Section 42238.024. The focused goals shall address both of the following: (A) All pupil groups that have the lowest performance level on one or more state indicators on the California School Dashboard pursuant to Section 52064.5. (B) Any underlying issues in the credentialing, subject matter preparation, and retention of the school’s educators, if applicable. (8) The instructions developed by the state board pursuant to paragraph (1) of subdivision (d) shall specify that school districts, county offices of education, and charter schools shall change actions that have not proven effective over a three-year period. This shall include a description of changes that explain the reasons for lack of progress and how any changes to the action will result in a new or strengthened approach. (f) (1) Except as provided in subdivision (g), the state board shall adopt the template pursuant to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may adopt emergency regulations for purposes of implementing this section. The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (2) Notwithstanding paragraph (1), the state board may adopt or revise the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). When adopting the template pursuant to the requirements of the Bagley-Keene Open Meeting Act, the state board shall present the template at a regular meeting and may only take action to adopt the template at a subsequent regular meeting. This paragraph shall become inoperative on January 31, 2019. (g) Notwithstanding subdivision (f), revisions of the template for the local control and accountability plan and annual update to the local control and accountability plan necessary to implement Assembly Bill 1808 and Assembly Bill 1840 of the 2017–18 Regular Session, legislation passed during the 2019–20 Regular Session, or Assembly Bill 130 of the 2021–22 Regular Session shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The state board may make necessary revisions to the template in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (h) Revisions to a template shall be approved by the state board by January 31 before the fiscal year during which the template is to be used by a school district, county superintendent of schools, or charter school. (i) In developing the template, the state board shall take steps to minimize duplication of effort at the local level to the greatest extent possible. The adoption of a template or evaluation rubric by the state board shall not create a requirement for a governing board of a school district, a county board of education, or a governing body of a charter school to submit a local control and accountability plan to the state board, unless otherwise required by federal law. The Superintendent shall not require a local control and accountability plan to be submitted by a governing board of a school district or the governing body of a charter school to the state board. The state board may adopt a template or evaluation rubric that would authorize a school district or a charter school to submit to the state board only the sections of the local control and accountability plan required by federal law. (j) Notwithstanding any other law, the templates developed by the state board pursuant to this section, as it read on June 30, 2018, shall continue in effect until the state board adopts a new template pursuant to subdivision (b) on or before January 31, 2020, except that the state board may adopt revisions to those templates pursuant to subdivision (g) that are necessary to implement Assembly Bill 1808 of the 2017–18 Regular Session or meet federal requirements. (Amended by Stats. 2023, Ch. 48, Sec. 62. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52064.1. Source version: id_5ee21fbf-5315-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) (1) On or before July 1, 2019, and each year thereafter, each school district, county office of education, and charter school shall develop a summary document that shall be known as the local control funding formula budget overview for parents. (2) The local control funding formula budget overview for parents shall be developed in conjunction with, and attached as a cover to, the local control and accountability plan and annual update to the local control and accountability plan adopted by the governing board of a school district pursuant to Section 52062, by a county board of education pursuant to Section 52068, or by a charter school pursuant to Section 47606.5. The local control funding formula budget overview for parents, local control and accountability plan, and annual update to the local control and accountability plan shall comprise a single document for purposes of the posting requirements described in Section 52065. (b) The local control funding formula budget overview for parents shall include all of the following information for the school district, county office of education, or charter school: (1) The total projected general fund revenue for the ensuing fiscal year and the subtotals for each of the following categories: (A) (i) Funds apportioned under the local control funding formula pursuant to Section 2574 or 42238.02, as applicable. (ii) Additionally and separately, for county offices of education, funds apportioned pursuant to subdivision (c) of Section 2574. (B) Of the funds described in paragraph (1), the funds apportioned on the basis of the number and concentration of unduplicated pupils pursuant to Section 2574 or 42238.02, as applicable. (C) (i) All other state funds. (ii) Additionally and separately, for county offices of education, funds apportioned pursuant to Section 2575.5. (D) All local funds. (E) All federal funds. (2) (A) The total projected general fund expenditures for the ensuing fiscal year. (B) Additionally and separately, for county offices of education, budgeted expenditures of funds apportioned pursuant to subdivision (c) of Section 2574. (C) Additionally and separately, for county offices of education, budgeted expenditures of funds apportioned pursuant to Section 2575.5. (3) (A) The total budgeted expenditures for the ensuing fiscal year on the planned actions and services to meet the goals included in the local control and accountability plan. (B) Additionally and separately, for county offices of education, budgeted expenditures of finds apportioned pursuant to subdivision (c) of Section 2574 for the ensuing fiscal year on the planned actions and services to meet the goals included in the local control and accountability plan. (C) Additionally and separately, for county offices of education, budgeted expenditures of funds apportioned pursuant to Section 2575.5 for the ensuing fiscal year on the planned actions and services to meet the goals included in the local control and accountability plan. (4) The total budgeted expenditures for the ensuing fiscal year on the planned actions and services included in the local control and accountability plan that contribute to the increased or improved services for unduplicated pupils pursuant to Section 42238.07. (5) The total budgeted expenditures for the existing fiscal year on the planned actions and services included in the local control and accountability plan that contribute to the increased or improved services for unduplicated pupils pursuant to Section 42238.07. (6) The estimated actual expenditures for the existing fiscal year on the planned actions and services included in the local control and accountability plan that contribute to the increased or improved services for unduplicated pupils pursuant to Section 42238.07. (7) A brief description of the activities or programs supported by any expenditures described in paragraph (2) that are not included in paragraph (3). (8) To the extent there is any difference between the expenditures described in paragraph (4) and the revenue described in subparagraph (B) of paragraph (1), a brief description of how the actions and services included in the local control and accountability plan improve services for unduplicated pupils pursuant to Section 42238.07. (9) A brief description of how any difference between the expenditures described in paragraph (5) that are not included in paragraph (6) impacted the planned actions and services included in the local control and accountability plan that contribute to the increased or improved services for unduplicated pupils pursuant to Section 42238.07, and the overall increased or improved services for unduplicated pupils pursuant to Section 42238.07. (10) For county offices of education, a brief description of activities supported by the expenditures described in subparagraphs (B) and (C) of paragraph (2) that are not included in subparagraphs (B) and (C) of paragraph (3). (11) The name and contact information for the school district, county office of education, or charter school. (c) (1) The local control funding formula budget overview for parents shall be subject to all of the following requirements for adoption, review, and approval of the local control and accountability plan and annual update to the local control and accountability plan: (A) For a school district, Sections 52062, 52065, and 52070. (B) For a county superintendent of schools, Sections 52065, 52068, and 52070.5. (C) For a charter school, Section 47604.33 and subdivisions (e) and (f) of Section 47606.5. (2) (A) A local control funding formula budget overview for parents filed by the governing board of a school district with a county superintendent of schools, or a local control funding formula budget overview for parents filed by a county board of education with the Superintendent, shall be approved by the county superintendent of schools or the Superintendent, as applicable, if it adheres to the template adopted by the Superintendent pursuant to subdivision (e) and follows any instructions or directions for completing the template developed by the Superintendent. (B) If a county superintendent of schools or the Superintendent does not approve a local control funding formula budget overview for parents pursuant to subparagraph (A), the county superintendent of schools or the Superintendent shall withhold approval of the local control and accountability plan and annual update to the local control and accountability plan filed by the governing board of the school district or county board of education and shall provide technical assistance pursuant to subdivision (b) of Section 52071 or subdivision (b) of Section 52071.5. (d) The template for the local control funding formula budget overview for parents developed pursuant to subdivision (e) shall, to the greatest extent practicable, use language that is understandable and accessible to parents. The information specified in subdivision (b) shall be displayed, to the greatest extent practicable, using visuals and graphics. (e) (1) The Superintendent, subject to approval by the executive director of the state board, shall develop a template for the local control funding formula budget overview for parents on or before December 31, 2018. In developing the template, the Superintendent shall not require school districts to provide any information in addition to the information required pursuant to subdivision (b) and shall establish reasonable word or character limits for the information required pursuant to subdivision (b), as appropriate. (2) The Superintendent, subject to approval by the executive director of the state board, shall update the template for the local control funding formula budget overview for parents, on or before December 31, 2024, to reflect county office of education requirements pursuant to subdivision (b) imposed by Section 63 of Chapter 48 of the Statutes of 2023. (3) The development of the template for the local control funding formula budget overview for parents shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2023, Ch. 194, Sec. 19. (SB 141) Effective September 13, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52064.4. Source version: id_6d46a539-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) On or before January 31, 2025, the instructions developed by the state board pursuant to paragraph (1) of subdivision (d) of Section 52064 shall specify that all funds received by the local educational agency pursuant to Section 32526 and subject to the requirements of paragraph (1) of subdivision (d) of Section 32526 shall be included in the local control and accountability plan, or the annual update to the plan, for the period of July 1, 2025, to June 30, 2028, inclusive. The instructions shall be updated to address all of the following: (1) Require identification of all planned expenditures using the funds apportioned pursuant to Section 32526 in the local control and accountability plan within the description of the associated actions and analysis of the implementation of those planned expenditures in the annual update. (2) Require identification of at least one metric to monitor the impact of each identified action or service. (3) Require the local educational agency to articulate the rationale for selecting among the permissible use of funds based on the needs assessment required under subdivision (d) of Section 32526, including identification of how the selected actions are expected to address the identified areas of need, based on one or more metrics, and for pupils or schools in the greatest need, as identified by the metrics in the needs assessment. (4) Require the action description to explain how research supports each selected action or service based on the identified area or areas of need set forth in the needs assessment required under subdivision (d) of Section 32526. (5) Specify that the requirements in Section 52064 for school districts receiving technical assistance pursuant to Section 52071 include assistance provided pursuant to subdivision (b). (6) For the 2027–28 local control and accountability plan, or the annual update to the plan, require the local educational agency to review the rationale for selecting among the permissible use of funds included in the 2025–26 local control or accountability plan, or the annual update to the plan, pursuant to paragraph (3) in order to assess the overall effectiveness of the chosen strategy and whether adjustments to the chosen approach are warranted based on progress shown on the relevant metrics. (b) School districts receiving technical assistance pursuant to Section 52071 and county offices of education providing technical assistance are encouraged to use technical assistance to support the school district in conducting the needs assessment pursuant to subdivision (d) of Section 32526 and a selection of actions funded by the Learning Recovery Emergency Block Grant or evaluation of implementation of those actions, as applicable, pursuant to subdivision (a). (c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (d) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed. (Added by Stats. 2024, Ch. 38, Sec. 72. (SB 153) Effective June 29, 2024. Inoperative July 1, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52064.5. Source version: id_d0f94410-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) On or before October 1, 2016, the state board shall adopt evaluation rubrics for all of the following purposes: (1) To assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. (2) To assist a county superintendent of schools, the department, or a chartering authority in identifying school districts, county offices of education, and charter schools in need of technical assistance pursuant to Section 52071, 52071.5, or 47607.3, as applicable, and the specific priorities upon which the technical assistance should be focused. (3) To assist the Superintendent in identifying school districts and county offices of education for which intervention pursuant to Section 52072 or 52072.5, as applicable, is warranted. (b) The evaluation rubrics shall reflect a holistic, multidimensional assessment of school district and individual schoolsite performance and shall include all of the state priorities described in subdivision (d) of Section 52060. (c) As part of the evaluation rubrics, the state board shall adopt state and local indicators to measure school district and individual schoolsite performance in regard to each of the state priorities described in subdivision (d) of Section 52060. No later than January 31, 2021, local indicators shall reflect school-level data to the extent the department collects or otherwise has access to relevant and reliable school-level data for all schools statewide. (d) The state board may adopt alternate methods for calculating the state and local indicators described in subdivision (c) for alternative schools, as described in subdivision (d) of Section 52052, if appropriate to more fairly evaluate the performance of these schools or of a specific category of these schools. Alternate methods may include an individual pupil growth model. (e) (1) As part of the evaluation rubrics, the state board shall adopt standards for school district and individual schoolsite performance and expectations for improvement in regard to each of the state priorities described in subdivision (d) of Section 52060. The standards shall be based on the state and local indicators specified in subdivision (c). (2) (A) No later than January 31, 2020, the standards for local indicators shall, at a minimum, ensure that the governing board of a school district, the county board of education, and the governing body of a charter school review any data to be publicly reported for the local indicators in conjunction with the adoption of a local control and accountability plan pursuant to Section 52062, 52068, or 47606.5, as applicable. No later than January 31, 2021, the standards for local indicators for which the department collects or otherwise has access to relevant and reliable school-level data for all schools statewide shall, to the extent practicable, be based on objective criteria, which may include, but are not necessarily limited to, the extent of any disparities across schoolsites within a school district or county office of education or performance relative to statewide data. (B) If the governing board of a school district, the county board of education, or the governing body of a charter school is unable to review any data required pursuant to subparagraph (A) due to any of the events described in subdivision (a) of Section 46392, the local indicator data shall be reviewed at the next meeting of the governing board or body and a resolution shall be adopted and submitted to the department with the following information: (i) A description of the emergency event. (ii) The date on which the local indicator data was reviewed. (f) (1) The department, in collaboration with, and subject to the approval of, the executive director of the state board, shall develop and maintain the California School Dashboard, a web-based system for publicly reporting performance data on the state and local indicators included in the evaluation rubrics. (2) The public reporting of performance data on state and local indicators via the web-based system shall be completed on or before the following dates for the prior school year: (A) December 15, 2023. (B) December 1, 2024. (C) November 15, 2025. (D) October 15, 2026, and October 15 of each year thereafter. (3) Timelines associated with the collection of data through the California Longitudinal Pupil Achievement Data System pursuant to Section 60900 shall be adjusted to support the public reporting dates in paragraph (2). (g) (1) As part of the evaluation rubrics, the state board shall adopt performance criteria for local educational agency assistance and intervention pursuant to Sections 47607.3, 52071, 52071.5, 52072, and 52072.5. The criteria shall be based on performance by pupil subgroups either across two or more of the state and local indicators specified in subdivision (c) or across two or more of the state priorities described in subdivision (d) of Section 52060 and subdivision (d) of Section 52066. The criteria may also be based on performance by an all pupils subgroup, comprised of at least 30 pupils at a local educational agency, in addition to the criteria based on performance by pupil subgroups. (2) (A) No later than July 15, 2026, the state board shall update the performance criteria, taking into consideration the findings and recommendations from the state-funded evaluation of the state’s differentiated assistance system and its implementation, pursuant to Section 127 of Chapter 44 of the Statutes of 2021, as amended by Section 37 of Chapter 252 of the Statutes of 2021, and the need to appropriately focus resources and supports where the demonstrated needs are greatest. (B) No later than May 15, 2029, the state board shall do all of the following: (i) Provide recommendations to the Legislature regarding possible statutory changes to ensure the performance criteria for alternative schools, as described in subdivision (d), is based on methods of measuring performance that fairly evaluate the performance of local educational agencies serving alternative school pupil populations. (ii) Provide recommendations to the Legislature regarding possible statutory changes to ensure the performance criteria for assistance and intervention pursuant to Sections 52072 and 52072.5 are based on factors that demonstrate the local educational agency is in need of intensive, extended support, and is not duplicative of performance criteria pursuant to Sections 47607.3, 52071, and 52071.5. (iii) Update the performance criteria for local educational assistance and intervention pursuant to Sections 52072 and 52072.5, taking into consideration the impact of any updates to the performance criteria pursuant to Sections 47607.3, 52071, and 52071.5, and any relevant research conducted on differentiated assistance, direct technical assistance, and the statewide system of support. (3) Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f), and every three years thereafter, the department shall determine local educational agency eligibility for assistance and intervention pursuant to Sections 47607.3, 52071, and 52071.5, according to the performance criteria adopted by the state board pursuant to paragraph (2). (h) The department shall annually publish information on the following: (1) All school districts and county offices of education identified for technical assistance pursuant to subdivision (b) of Section 52071.1 and subdivision (a) of section 52071.51. (2) All local educational agencies identified for prioritized support through universal assistance pursuant to Section 2575.35, as determined by the state board’s targeted assistance criteria. (Amended by Stats. 2026, Ch. 65, Sec. 106. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52065. Source version: id_5ec00fff-8953-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) The superintendent of a school district shall do both of the following: (1) Prominently post on the homepage of the internet website of the school district any local control and accountability plan approved by the governing board of the school district and the county superintendent of schools, and any updates, revisions, or addenda, including those to comply with federal law, to a local control and accountability plan approved by the governing board of the school district. (2) Prominently post all local control and accountability plans submitted by charter schools that were authorized by the school district, or links to those plans, and any updates, revisions, or addenda, including those to comply with federal law, on the internet website of the school district. (b) A county superintendent of schools shall do both of the following: (1) Prominently post on the homepage of the internet website of the county office of education any local control and accountability plan approved by the county board of education and the Superintendent, and any updates, revisions, or addenda, including those to comply with federal law, to a local control and accountability plan approved by the county board of education. (2) Prominently post all local control and accountability plans submitted by school districts and charter schools, or links to those plans, on the internet website of the county office of education. (c) (1) (A) Each school district shall post the current school year’s local control and accountability plan that has been adopted by the governing board of the school district pursuant to Section 52060, and that has been approved by the county superintendent of schools pursuant to Section 52070, on the performance overview portion of the California School Dashboard, established pursuant to subdivision (f) of Section 52064.5. (B) Each county office of education shall post the current school year’s local control and accountability plan that has been adopted by the county board of education pursuant to Section 52066, and that has been approved by the Superintendent pursuant to Section 52070.5, on the performance overview portion of the California School Dashboard, established pursuant to subdivision (f) of Section 52064.5. (C) Each charter school shall post the current school year’s local control and accountability plan that has been adopted by the governing body of the charter school pursuant to Section 47606.5, and submitted to its chartering authority and the county superintendent of schools, or only to the county superintendent of schools if the county board of education is the chartering authority, pursuant to Section 47606.5, on the performance overview portion of the California School Dashboard, established pursuant to subdivision (f) of Section 52064.5. (2) The department shall notify each school district, county office of education, and charter school of the requirement to comply with the requirements of paragraph (1) and shall ensure that each school district, county office of education, and charter school has complied with the requirements of paragraph (1). (Amended by Stats. 2023, Ch. 494, Sec. 1. (SB 609) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52065.1. Source version: id_fc0acbe6-56c4-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) (1) If a local educational agency is identified pursuant to the audit described in Section 41020 as not having adopted a local control and accountability plan by July 1, as required pursuant to Section 47606.5, 52060, or 52066, as applicable, or as not having adopted an annual update to a local control and accountability plan by July 1, as required pursuant to Section 47606.5, 52060, or 52066, as applicable, the local educational agency shall be assessed a financial penalty equal to 20 percent of the local educational agency’s second principal apportionment local control funding formula entitlement pursuant to Section 2574, 2575, or 42238.02, as applicable. (2) For each additional business day that the local educational agency does not adopt a local control and accountability plan or an annual update to a local control and accountability, the penalty described in paragraph (1) shall be increased by 1 percent of the local educational agency’s second principal apportionment local control funding formula entitlement pursuant to Section 2574, 2575, or 42238.02, as applicable, but shall not exceed a total of 80 percent of the second principal apportionment. (b) A financial penalty applied pursuant to subdivision (a) shall (1) be a reduction to the principal apportionment made to the local educational agency for the applicable fiscal year pursuant to Section 41330, 41332, or 41335, as applicable, (2) not reduce the final apportionment below the amount necessary to meet the requirements of Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution, and (3) be modified, as applicable, if the delay is due to any of the events described in subdivision (a) of Section 46392. (c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2025, Ch. 8, Sec. 49. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52066. Source version: id_dc2dc402-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) On or before July 1, 2014, each county superintendent of schools shall develop, and present to the county board of education for adoption, a local control and accountability plan using a template adopted by the state board. (b) A local control and accountability plan adopted by a county board of education shall be effective for a period of three years, and shall be updated on or before July 1 of each year. (c) A local control and accountability plan adopted by a county board of education shall include, for each school or program operated by the county superintendent of schools, all of the information specified in the template adopted by the state board pursuant to Section 52064. (d) All of the following are state priorities for purposes of a county board of education’s local control and accountability plan: (1) The degree to which the teachers in the schools or programs operated by the county superintendent of schools are appropriately assigned in accordance with Section 44258.9 and fully credentialed in the subject areas, and, for the pupils they are teaching, every pupil in the schools or programs operated by the county superintendent of schools has sufficient access to the standards-aligned instructional materials as determined pursuant to Section 60119, and school facilities are maintained in good repair as specified in subdivision (d) of Section 17002. (2) Implementation of the academic content and performance standards adopted by the state board, including how the programs and services will enable English learners to access the common core academic content standards adopted pursuant to Section 60605.8 and the English language development standards adopted pursuant to former Section 60811.3, as that section read on June 30, 2013, or former Section 60811.4, as that section read on June 30, 2016, for purposes of gaining academic content knowledge and English language proficiency. (3) (A) Parental involvement and family engagement, including efforts the county superintendent of schools makes to seek parent input in making decisions for each individual schoolsite and program operated by a county superintendent of schools, and including how the county superintendent of schools will promote parental participation in programs for unduplicated pupils and individuals with exceptional needs. (B) Family engagement may include, but need not be limited to, efforts by the county superintendent of schools and each individual schoolsite to apply research-based practices, such as welcoming all families into the school community, engaging in effective two-way communication, supporting pupil success, and empowering families to advocate for equity and access. Family engagement may include, but need not be limited to, treating families as partners to inform, influence, and create practices and programs that support pupil success and collaboration with families and the broader community, expand pupil learning opportunities and community services, and promote civic participation. (4) Pupil achievement, as measured by all of the following, as applicable: (A) Statewide assessments administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 or any subsequent assessment, as certified by the state board. (B) The percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University. (C) The percentage of pupils who have successfully completed courses that satisfy the requirements for career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, including, but not limited to, those described in subdivision (a) of Section 52302, subdivision (a) of Section 52372.5, or paragraph (2) of subdivision (e) of Section 54692. (D) The percentage of pupils who have successfully completed both types of courses described in subparagraphs (B) and (C). (E) The percentage of English learner pupils who make progress toward English proficiency as measured by the English Language Proficiency Assessments for California or any subsequent assessment of English proficiency, as certified by the state board. (F) The English learner reclassification rate. (G) The percentage of pupils who have passed an advanced placement examination with a score of 3 or higher. (H) The percentage of pupils who demonstrate college preparedness pursuant to the Early Assessment Program, as described in Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3, or any subsequent assessment of college preparedness. (5) Pupil engagement, as measured by all of the following, as applicable: (A) School attendance rates. (B) Chronic absenteeism rates. (C) Middle school dropout rates. (D) High school dropout rates. (E) High school graduation rates. (6) School climate, as measured by all of the following, as applicable: (A) Pupil suspension rates. (B) Pupil expulsion rates. (C) Other local measures, including surveys of pupils, parents, and teachers on the sense of safety and school connectedness. (7) The extent to which pupils have access to, and are enrolled in, a broad course of study that includes all of the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable, including the programs and services developed and provided to unduplicated pupils and individuals with exceptional needs, and the programs and services that are provided to benefit these pupils as a result of the funding received pursuant to Section 42238.02, as implemented by Section 42238.03. (8) Pupil outcomes, if available, in the subject areas described in Section 51210 and subdivisions (a) to (i), inclusive, of Section 51220, as applicable. (9) How the county superintendent of schools will coordinate instruction of expelled pupils pursuant to Section 48926. (10) How the county superintendent of schools will coordinate services for foster children, including, but not limited to, all of the following: (A) Working with the county child welfare agency to minimize changes in school placement. (B) Providing education-related information to the county child welfare agency to assist the county child welfare agency in the delivery of services to foster children, including, but not limited to, educational status and progress information that is required to be included in court reports. (C) Responding to requests from the juvenile court for information and working with the juvenile court to ensure the delivery and coordination of necessary educational services. (D) Establishing a mechanism for the efficient expeditious transfer of health and education records and the health and education passport. (e) For purposes of the descriptions required by subdivision (b) of Section 52064, a county board of education may consider qualitative information, including, but not limited to, findings that result from school quality reviews conducted pursuant to subdivision (b) of Section 52052 or any other reviews. (f) To the extent practicable, data reported in a local control and accountability plan shall be reported in a manner consistent with how information is reported on the California School Dashboard maintained by the department pursuant to Section 52064.5. (g) The county superintendent of schools shall consult with teachers, principals, administrators, other school personnel, local bargaining units of the county office of education, parents, and pupils in developing a local control and accountability plan. (h) A county board of education may identify local priorities, goals in regard to the local priorities, and the method for measuring the county office of education’s progress toward achieving those goals. (i) (1) Beginning with the 2018–19 fiscal year and in each fiscal year thereafter, a county superintendent of schools shall prepare a summary of how the county superintendent of schools plans to support school districts and schools within the county in implementing this article and present the summary to the county board of education at the same public meeting required under paragraph (2) of subdivision (b) of Section 52068. The summary shall include, but is not necessarily limited to, all of the following: (A) A description of how the county superintendent of schools will support the continuous improvement of all school districts within the county, including, at a minimum, clearly identifying the activities being performed by the county office of education and the source of funding for those activities. This description shall include the steps that the county superintendent of schools plans to take to collaborate with the California Collaborative for Educational Excellence, the department, the lead agencies specified in Sections 52073 and 52073.1, and other county superintendents of schools to support school districts and schools within the county in implementing this article. (B) A description of how the county superintendent of schools will assist each school district identified for technical assistance pursuant to subdivision (c) of Section 52071 and each charter school identified for technical assistance pursuant to subdivision (a) of Section 47607.3 in improving pupil outcomes, including, at a minimum, clearly identifying the activities being performed by the county office of education and the source of funding for those activities. This description shall include the actions the school district and charter school will take independent of the county superintendent of schools to improve pupil outcomes pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 52071 or paragraph (3) of subdivision (a) of Section 47607.3. (C) One or more goals for each of the following: (i) Completing the review of local control and accountability plans submitted by school districts pursuant to Section 52070. (ii) Providing technical assistance to school districts pursuant to subdivisions (a) and (b) of Section 52071 and charter schools pursuant to subdivision (a) of Section 47607.3. (iii) Providing universal and targeted assistance to local educational agencies pursuant to Section 2575.35. (iv) Providing any other support to school districts and schools within the county in implementing this article. (v) Providing support to school districts in developing and implementing the addendum specified in Section 52064.3. (D) One or more metrics to assess progress toward each goal identified in subparagraph (C). (E) Specific actions and related expenditures to achieve each goal identified in subparagraph (C), to the extent this information is not provided pursuant to subparagraph (B). The specific actions shall not supersede the provisions of existing local collective bargaining agreements within the jurisdiction of the county superintendent of schools. (2) Commencing with the 2019–20 fiscal year and in each fiscal year thereafter, the county superintendent of schools shall submit the summary described in this subdivision with its local control and accountability plan pursuant to subdivision (a) of Section 52070.5. (3) On or before November 1 of each year, the department shall compile the information provided by county superintendents of schools pursuant to subparagraphs (A) and (B) of paragraph (1) into a single document and shall make this report available to the public on the department’s internet website. (Amended by Stats. 2026, Ch. 65, Sec. 107. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52067. Source version: id_ca77f852-bd0b-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. On or before July 1, 2015, and each year thereafter, a county board of education shall update the local control and accountability plan. The annual update shall be developed using a template adopted by the state board pursuant to Section 52064 and shall include all of the information specified in the template. (Amended by Stats. 2018, Ch. 426, Sec. 26. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52068. Source version: id_682005e3-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) Before the county board of education considers the adoption of a local control and accountability plan or an annual update to the local control and accountability plan, all of the following shall occur: (1) The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to a parent advisory committee established pursuant to Section 52069 for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the parent advisory committee. (2) The county superintendent of schools shall present the local control and accountability plan or annual update to the local control and accountability plan to the English learner parent advisory committee established pursuant to Section 52069, if applicable, for review and comment. The county superintendent of schools shall respond, in writing, to comments received from the English learner parent advisory committee. (3) The county superintendent of schools shall notify members of the public of the opportunity to submit written comments regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan, using the most efficient method of notification possible. This paragraph shall not require a county superintendent of schools to produce printed notices or to send notices by mail. The county superintendent of schools shall ensure that all written notifications related to the local control and accountability plan or annual update to the local control and accountability plan are provided consistent with Section 48985. (4) The county superintendent of schools shall review school plans submitted pursuant to Section 64001 for schools operated by the county superintendent of schools and ensure that the specific actions included in the local control and accountability plan or annual update to the local control and accountability plan are consistent with strategies included in the school plans submitted pursuant to Section 64001. (5) The county superintendent of schools shall consult with its special education local plan area administrator or administrators to determine that specific actions for individuals with exceptional needs are included in the local control and accountability plan or annual update to the local control and accountability plan, and are consistent with strategies included in the annual assurances support plan for the education of individuals with exceptional needs. (6) (A) The county superintendent of schools shall present a report on the annual update to the local control and accountability plan and the local control funding formula budget overview for parents on or before February 28 of each year as part of a nonconsent item at a regularly scheduled meeting of the county board of education. (B) The report shall include all of the following: (i) All available midyear outcome data related to metrics identified in the current year’s local control and accountability plan. (ii) All available midyear expenditure and implementation data on all actions identified in the current year’s local control and accountability plan. (b) (1) The county board of education shall hold at least one public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the local control and accountability plan or annual update to the local control and accountability plan. The agenda for the public hearing shall be posted at least 72 hours before the public hearing and shall include the location where the local control and accountability plan or annual update to the local control and accountability plan, and any comments received pursuant to paragraphs (1) to (3), inclusive, of subdivision (a), will be available for public inspection. The public hearing shall be held at the same meeting as the public hearing required by Section 1620. (2) The county board of education shall adopt a local control and accountability plan or annual update to the local control and accountability plan in a public meeting. This meeting shall be held after, but not on the same day as, the public hearing held pursuant to paragraph (1). This meeting shall be the same meeting as that during which the county board of education adopts a budget pursuant to Section 1622. (c) A county superintendent of schools may develop and present to a county board of education for adoption revisions to a local control and accountability plan during the period the local control and accountability plan is in effect. The county board of education may only adopt a revision to a local control and accountability plan if it follows the process to adopt a local control and accountability plan pursuant to this section and the revisions are adopted in a public meeting. (Amended by Stats. 2024, Ch. 38, Sec. 75. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52069. Source version: id_310455a8-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) (1) A county superintendent of schools shall establish a parent advisory committee to provide advice to the county board of education and the county superintendent of schools regarding the requirements of this article. (2) A parent advisory committee shall include parents or legal guardians of pupils currently enrolled in county office of education-operated schools to whom one or more of the definitions in Section 42238.01 apply, and parents or legal guardians of pupils with disabilities currently enrolled in county office of education-operated schools. (3) A parent advisory committee shall include at least two pupils as full members. The pupils shall serve for a renewable term of one full school year. (4) This subdivision shall not require a county superintendent of schools to include two pupil members on the parent advisory committee if the county superintendent of schools establishes or has already established a student advisory committee pursuant to subdivision (b). (5) This subdivision shall not require the county superintendent of schools to establish a new parent advisory committee if the county superintendent of schools already has established a parent advisory committee that meets the requirements of this subdivision, including any committee established to meet the requirements of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) pursuant to Section 6312 of that act. (b) (1) A county superintendent of schools shall establish a student advisory committee to provide advice to the county board of education and the county superintendent of schools regarding the requirements of this article. (2) This subdivision shall not require a county superintendent of schools to establish a new student advisory committee if a county superintendent of schools has already established a student advisory committee that meets the requirements of this subdivision, or has two established pupil positions on the parent advisory committee pursuant to subdivision (a). (c) (1) A county superintendent of schools shall establish an English learner parent advisory committee if the enrollment of the pupils in the schools and programs operated by the county superintendent of schools includes at least 15 percent English learners and the schools and programs operated by the county superintendent of schools enroll at least 50 pupils who are English learners. (2) This subdivision shall not require the county superintendent of schools to establish a new English learner parent advisory committee if the county superintendent of schools already has established a committee that meets the requirements of this subdivision. (d) A county superintendent of schools shall take into consideration that the pupil members of a parent advisory committee or student advisory committee represent the diversity of the county’s pupils, including geographical, socioeconomic, cultural, physical, and educational diversity. Particular effort should be made to reach out to at-risk or disadvantaged pupils to serve as members of a parent advisory committee or student advisory committee, as their participation will provide keen insight into many of the issues that pupils face in their day-to-day lives. (e) This section shall become operative on July 1, 2024. (Repealed (in Sec. 4) and added by Stats. 2022, Ch. 922, Sec. 5. (SB 997) Effective January 1, 2023. Operative July 1, 2024, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52070. Source version: id_80592adb-20e9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) Not later than five days after adoption of a local control and accountability plan or annual update to a local control and accountability plan, the governing board of a school district shall file the local control and accountability plan or annual update to the local control and accountability plan with the county superintendent of schools. (b) On or before August 15 of each year, the county superintendent of schools may seek clarification, in writing, from the governing board of a school district about the contents of the local control and accountability plan or annual update to the local control and accountability plan. Within 15 days the governing board of a school district shall respond, in writing, to requests for clarification. (c) Within 15 days of receiving the response from the governing board of the school district, the county superintendent of schools may submit recommendations, in writing, for amendments to the local control and accountability plan or annual update to the local control and accountability plan. The governing board of a school district shall consider the recommendations submitted by the county superintendent of schools in a public meeting within 15 days of receiving the recommendations. (d) The county superintendent of schools shall approve a local control and accountability plan or annual update to a local control and accountability plan on or before October 8, if the county superintendent of schools determines all of the following: (1) The local control and accountability plan or annual update to the local control and accountability plan adheres to the template adopted by the state board pursuant to Section 52064 and follows any instructions or directions for completing the template that are adopted by the state board, including, but not limited to, all of the following requirements: (A) If applicable to the school district, the local control and accountability plan includes one or more specific actions consistent with the instructions developed by the state board pursuant to paragraph (5) of subdivision (e) of Section 52064. (B) If applicable to the school district, the local control and accountability plan includes all required actions consistent with the instructions developed by the state board pursuant to paragraph (6) of subdivision (e) of Section 52064. (C) If applicable to the school district, the local control and accountability plan includes one or more focused goals consistent with the instructions developed by the state board pursuant to paragraph (7) of subdivision (e) of Section 52064. (D) Each specific action identified as contributing to the demonstration that the school district will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, subdivisions (c), (d), and (e) of Section 42238.07, and any applicable instructions developed by the state board pursuant to paragraph (1) of subdivision (d) of Section 52064, provided on a schoolwide or districtwide basis is supported by the required description. (E) If applicable to the school district, the local control and accountability plan includes a description of the specific action or actions that improve services for unduplicated pupils, meets the requirements of subparagraph (D), and demonstrates how the degree of improvement in services is sufficient to increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, as required by subparagraph (B) of paragraph (6) of subdivision (b) of Section 52064. (F) For school districts that meet the criteria of Section 52071 or 52072, or both, the local control and accountability plan includes actions and services that implement the work related to technical assistance for improving the outcomes of the pupil group or groups that lead to identification. (2) The budget for the applicable fiscal year adopted by the governing board of the school district includes expenditures sufficient to implement the specific actions and strategies included in the local control and accountability plan adopted by the governing board of the school district, based on the projections of the costs included in the plan. (3) The local control and accountability plan or annual update to the local control and accountability plan adheres to the expenditure requirements adopted pursuant to Section 42238.07 for funds apportioned on the basis of the number and concentration of unduplicated pupils pursuant to Sections 42238.02 and 42238.03, and any applicable instructions for the local control and accountability plan developed by the state board pursuant to paragraph (1) of subdivision (d) of Section 52064, including, but not limited to, the requirement that any specific action provided on a schoolwide or districtwide basis is supported by the required description. (4) The local control and accountability plan includes the calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07 and, if applicable to the school district pursuant to subdivision (d) of Section 42238.07, includes a description of the planned uses of the specified funds and a description of how the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07. (e) If a county superintendent of schools has jurisdiction over a single school district, the Superintendent shall perform the duties specified in this section. (Amended by Stats. 2023, Ch. 48, Sec. 68. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52070.5. Source version: id_8bf3988d-20e9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) Not later than five days after adoption of a local control and accountability plan or annual update to a local control and accountability plan, the county board of education shall file the local control and accountability plan or annual update to the local control and accountability plan with the Superintendent. (b) On or before August 15 of each year, the Superintendent may seek clarification, in writing, from the county board of education about the contents of the local control and accountability plan or annual update to the local control and accountability plan. Within 15 days the county board of education shall respond, in writing, to requests for clarification. (c) Within 15 days of receiving the response from the county board of education, the Superintendent may submit recommendations, in writing, for amendments to the local control and accountability plan or annual update to the local control and accountability plan. The county board of education shall consider the recommendations submitted by the Superintendent in a public meeting within 15 days of receiving the recommendations. (d) The Superintendent shall approve a local control and accountability plan or annual update to a local control and accountability plan on or before October 8, if the Superintendent determines all of the following: (1) The local control and accountability plan or annual update to the local control and accountability plan adheres to the template adopted by the state board pursuant to Section 52064 and follows any instructions or directions for completing the template that are adopted by the state board, including, but not limited to, all of the following requirements: (A) If applicable to the county office of education, the local control and accountability plan includes one or more specific actions consistent with the instructions developed by the state board pursuant to paragraph (5) of subdivision (e) of Section 52064. (B) If applicable to the county office of education, the local control and accountability plan includes all required actions consistent with the instructions developed by the state board pursuant to paragraph (6) of subdivision (e) of Section 52064. (C) If applicable to the county office of education, the local control and accountability plan includes one or more focused goals consistent with the instructions developed by the state board pursuant to paragraph (7) of subdivision (e) of Section 52064. (D) Each specific action identified as contributing to the demonstration that the county office of education will increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, consistent with regulations adopted by the state board pursuant to Section 42238.07, subdivisions (c), (d), and (e) of Section 42238.07, and any applicable instructions developed by the state board pursuant to paragraph (1) of subdivision (d) of Section 52064, provided on a schoolwide or countywide basis is supported by the required description. (E) If applicable to the county office of education, the local control and accountability plan includes a description of the specific action or actions that improve services for unduplicated pupils, meets the requirements of subparagraph (D), and demonstrates how the degree of improvement in services is sufficient to satisfy the requirement to increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils, as required by subparagraph (B) of paragraph (6) of subdivision (b) of Section 52064. (F) For county offices of education that meet the criteria of Section 52071.5 or 52072.5, or both, the local control and accountability plan includes actions and services that implement the work related to technical assistance for improving the outcomes of the pupil group or groups that lead to identification. (2) The budget for the applicable fiscal year adopted by the county board of education includes expenditures sufficient to implement the specific actions and strategies included in the local control and accountability plan adopted by the county board of education, based on the projections of the costs included in the plan. (3) The local control and accountability plan or annual update to the local control and accountability plan adheres to the expenditure requirements adopted pursuant to Section 42238.07 for funds apportioned on the basis of the number and concentration of unduplicated pupils pursuant to Sections 2574 and 2575, and any applicable instructions for the local control and accountability plan developed by the state board pursuant to paragraph (1) of subdivision (d) of Section 52064, including, but not limited to, the requirement that any specific action provided on a schoolwide or countywide basis is supported by the required description. (4) The local control and accountability plan includes the calculations required by paragraphs (1) and (2) of subdivision (c) of Section 42238.07 and, if applicable to the county office of education pursuant to subdivision (d) of Section 42238.07, includes a description of the planned uses of the specified funds and a description of how the planned uses of those funds satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to regulations adopted by the state board pursuant to Section 42238.07. (Amended by Stats. 2023, Ch. 48, Sec. 69. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52071. Source version: id_e74bfcd4-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) If the governing board of a school district requests technical assistance, the county superintendent of schools shall provide technical assistance consistent with subdivision (c). If a school district has not been identified for technical assistance pursuant to subdivision (c) or for state intervention pursuant to Section 52072, and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service. (b) If a county superintendent of schools does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a governing board of a school district, the county superintendent of schools shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved. (c) Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f) of Section 52064.5, and upon determination by the department every three years thereafter, for any school district for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, which may also include an all pupils subgroup as described in Section 52064.5, the county superintendent of schools shall provide technical assistance for a minimum of three years following the identification that shall be focused on building the school district’s capacity to develop and implement actions and services responsive to pupil and community needs, including, but not limited to, any of the following: (1) Assisting the school district to do each of the following: (A) Identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52060. This shall include working collaboratively with the school district to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness. (B) Identify pupil subgroups that are low performing or experiencing significant disparities from other pupil subgroups as identified on the California School Dashboard. The county superintendent of schools may consult equity leads pursuant to Section 52073.5 to identify and implement effective programs and practices to improve the outcomes and opportunities for low-performing pupil subgroups or pupil subgroups experiencing significant disparities from other pupil subgroups. (2) Working collaboratively with the school district to secure assistance from an academic, programmatic, or fiscal expert or team of experts to identify and implement effective programs and practices that are designed to improve performance in any areas of weakness identified by the school district. The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the school district in need of technical assistance. (3) Obtaining from the school district timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2) or substantially similar activities, or has selected another service provider pursuant to subdivision (f) to work with the school district to complete the activities described in subparagraphs (A) and (B), or substantially similar activities, and ongoing communication with the school district to assess the school district’s progress in improving pupil outcomes. (4) Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the school district, pursuant to subdivision (g) of Section 52074. (5) A review of the school district’s local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals. (d) Upon request of a county superintendent of schools or a school district, a geographic lead agency identified pursuant to Section 52073 may provide technical assistance pursuant to subdivision (c). A geographic lead agency identified pursuant to Section 52073 may request that another geographic lead agency, an expert lead agency identified pursuant to Section 52073.1, a special education resource lead identified pursuant to Section 52073.2, or the California Collaborative for Educational Excellence provide the assistance described in this subdivision. (e) A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivisions (b) and (c). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (c), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in paragraph (3) of subdivision (c). (f) For the 2025–26 fiscal year, any school district in which one or more pupil subgroups, identified pursuant to Section 52052, meets the criteria pursuant to subdivision (g) of Section 52064.5, as that section read on January 1, 2026, for three or more consecutive years, the school district’s geographic lead agency, identified pursuant to Section 52073, shall, in collaboration with the county superintendent of schools, provide technical assistance to the school district pursuant to subdivision (c), as that subdivision read on January 1, 2026, for a minimum of two years. The geographic lead agency shall evaluate whether the assistance of one or more expert lead agencies should be consulted as part of the technical assistance process. (g) This section shall not preclude a school district from soliciting technical assistance from entities other than its county superintendent of schools at its own cost. (Amended by Stats. 2026, Ch. 65, Sec. 108. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52071.1. Source version: id_ac9c8f76-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) If the governing board of a school district requests technical assistance regarding the school district’s data management processes, the county superintendent of schools shall provide technical assistance consistent with subdivision (b). If a school district has not been identified for technical assistance pursuant to subdivision (b), and if the service requested creates an unreasonable or untenable cost burden for the county superintendent of schools, the county superintendent of schools may assess the school district a fee not to exceed the cost of the service. (b) For any school district that fails to meet the requirements of Section 60900, the county superintendent of schools shall provide technical assistance for a minimum of one year that shall be focused on the school district’s data management processes and building the school district’s capacity to develop and implement actions and services responsive to data quality and integrity in support of state and federal accountability, including, but not limited to, any of the following: (1) Assisting the school district to identify its strengths and weaknesses in meeting state and federal reporting requirements pursuant to Section 60900. This shall include working collaboratively with the school district to review California Longitudinal Pupil Achievement Data System data reporting practices, including, but not limited to, the roles and responsibilities, data management policies and data collection submission processes, monitoring and oversight of the student information system, and accountability and audit mechanisms that address any areas of weakness to ensure the submission of accurate data according to the processes and timelines established by the department pursuant to Section 60900. (2) Working collaboratively with the school district to secure assistance from an expert or team of experts to identify and implement effective programs and initiatives that are designed to improve performance in any areas of weakness identified by the school district pursuant to paragraph (1). The county superintendent of schools, in consultation with the school district, may solicit another service provider, which may include, but is not limited to, a school district, a county office of education, or the California School Information Services, established pursuant to Section 49081, to act as a partner to the school district in need of technical assistance. (3) Obtaining from the school district timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or substantially similar activities, or has selected another service provider to work with the school district to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the school district to assess the school district’s progress in improving data management practices. (c) A school district shall accept the technical assistance provided by the county superintendent of schools pursuant to subdivision (b). For purposes of accepting technical assistance provided by the county superintendent of schools pursuant to subdivision (b), a school district may satisfy this requirement by providing the timely documentation to, and maintaining regular communication with, the county superintendent of schools as specified in paragraph (3) of subdivision (b). (d) For a school district or county office of education that operates within a city or county in which there is a single school district, including the Counties of Alpine, Amador, Del Norte, Mariposa, Plumas, and Sierra, and the City and County of San Francisco, and the school district is identified for technical assistance pursuant to subdivision (b), the department shall provide the technical assistance described in subdivision (a) of Section 52071.51 to the eligible school district. (e) This section shall not preclude a school district from: (1) Requesting or receiving technical assistance pursuant to subdivision (c) of Section 52071. (2) Soliciting technical assistance from entities other than its county superintendent of schools at its own cost. (Added by Stats. 2026, Ch. 65, Sec. 109. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52071.5. Source version: id_f28e1156-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) If the Superintendent does not approve a local control and accountability plan or annual update to the local control and accountability plan approved by a county board of education, or if the county board of education requests technical assistance, the Superintendent shall provide technical assistance focused on revising the local control and accountability plan or annual update so that it can be approved. (b) Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f) of Section 52064.5, and upon determination by the department every three years thereafter, for any county office of education for which one or more pupil subgroups identified pursuant to Section 52052 meets the criteria established pursuant to subdivision (g) of Section 52064.5, which may also include an all pupils subgroup as described in Section 52064.5, the Superintendent shall provide technical assistance for a minimum of three years following the identification that shall be focused on building the county office of education’s capacity to develop and implement actions and services responsive to pupil and community needs, including, among other things, any of the following: (1) Assisting the county office of education to do each of the following: (A) Identify its strengths and weaknesses in regard to the state priorities described in subdivision (d) of Section 52066. This shall include working collaboratively with the county office of education to review performance data on the state and local indicators included in the California School Dashboard authorized by subdivision (f) of Section 52064.5, including educator qualifications data and relevant local data to identify effective, evidence-based programs or practices that address any areas of weakness. (B) Identify pupil subgroups that are low performing or experiencing significant disparities from other pupil subgroups as identified on the California School Dashboard. The Superintendent may consult equity leads pursuant to Section 52073.5 to identify and implement effective programs and practices to improve the outcomes and opportunities for low-performing pupil subgroups or pupil subgroups experiencing significant disparities from other pupil subgroups. (2) Working collaboratively with the county office of education to secure assistance from an academic expert or team of academic experts to identify and implement effective programs that are designed to improve performance in any areas of weakness identified by the county office of education. The Superintendent, in consultation with the county office of education, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or charter school, to act as a partner to the county office of education in need of technical assistance. (3) Obtaining from the county office of education timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or has selected another service provider to work with the county office of education to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the county office of education to assess the county office of education’s progress in improving pupil outcomes. (4) Requesting that the California Collaborative for Educational Excellence provide advice and assistance to the county office of education pursuant to subdivision (g) of Section 52074. (5) A review of the county office of education’s local control and accountability plan to identify areas of strengths and weaknesses in the identified goals, actions, and services, with a particular focus on those areas considered to be contributing toward meeting the increased or improved services requirement and all required goals. (c) Technical assistance provided pursuant to this section at the request of a county board of education shall be paid for by the county board of education receiving assistance. (Amended by Stats. 2026, Ch. 65, Sec. 110. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52071.51. Source version: id_ba3d2d68-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) For any county office of education that fails to meet the requirements of Section 60900, the department shall provide technical assistance for a minimum of one year that shall be focused on the county office of education’s data management processes and building the county office of education’s capacity to develop and implement actions and services responsive to data quality and integrity in support of state and federal accountability, including, but not limited to, any of the following: (1) Assisting the county office of education to identify its strengths and weaknesses in meeting state and federal reporting requirements pursuant to Section 60900. This shall include working collaboratively with the county office of education to review California Longitudinal Pupil Achievement Data System data reporting practices, including, but not limited to, the roles and responsibilities, data management policies and data collection submission processes, monitoring and oversight of the student information system, and accountability and audit mechanisms that address any areas of weakness to ensure the submission of accurate data according to the processes and timelines established by the department pursuant to Section 60900. (2) Working collaboratively with the county office of education to secure assistance from an expert or team of experts to identify and implement effective programs that are designed to improve performance in any areas of weakness identified by the county office of education pursuant to paragraph (1). The department, in consultation with the county office of education, may solicit another service provider, which may include, but is not limited to, a school district, county office of education, or the California School Information Services, established pursuant to Section 49081, to act as a partner to the county office of education in need of technical assistance. (3) Obtaining from the county office of education timely documentation demonstrating that it has completed the activities described in paragraphs (1) and (2), or has selected another service provider to work with the county office of education to complete the activities described in paragraphs (1) and (2), or substantially similar activities, and ongoing communication with the county office of education to assess the county office of education’s progress in improving data management practices. (b) Technical assistance provided pursuant to this section at the request of a county board of education shall be paid for by the county board of education receiving assistance. (Added by Stats. 2026, Ch. 65, Sec. 111. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52072. Source version: id_fdbf0ed8-7fb9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f) of Section 52064.5, and upon determination by the department every three years thereafter, if a school district meets the criteria established by the state board pursuant to subdivision (g) of Section 52064.5, as that section read on January 1, 2026, for three or more pupil subgroups identified pursuant to Section 52052 or, if the school district has less than three pupil subgroups, all of the school district’s pupil subgroups, in three out of four consecutive school years, the California Collaborative for Educational Excellence shall determine, in consultation with the school district and any provider of technical assistance pursuant to Section 52071, if assistance from the California Collaborative for Educational Excellence is necessary. When making this determination, primary consideration shall be given to the needs of the pupils in the school district. (b) Technical assistance provided pursuant to this section shall be facilitated by the California Collaborative for Educational Excellence, in collaboration with the county superintendent of schools with jurisdiction over the school district, and shall focus on building the school district’s capacity to develop and implement actions and services responsive to pupil and community needs pursuant to Section 52071 in a manner that streamlines improvement efforts for the school district. (Amended by Stats. 2026, Ch. 65, Sec. 112. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52072.1. Source version: id_8a14e2bd-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) The Superintendent may, with the approval of the state board, identify school districts in need of intervention. (b) The Superintendent shall only intervene in a school district identified pursuant to subdivision (a) of Section 52072 and where the California Collaborative for Educational Excellence determines that the school district meets either of the following criteria: (1) The school district has failed, or is unable, to implement the recommendations of the California Collaborative for Educational Excellence. (2) That the inadequate performance of the school district, based upon an evaluation rubric adopted pursuant to Section 52064.5, is either so persistent or acute as to require intervention by the Superintendent. (c) For school districts identified pursuant to subdivision (a), the Superintendent may, with the approval of the state board, do one or more of the following: (1) Make changes to a local control and accountability plan adopted by the governing board of the school district. (2) Develop and impose a budget revision, in conjunction with revisions to the local control and accountability plan, that the Superintendent determines would allow the school district to improve the outcomes for all pupil subgroups identified pursuant to Section 52052 in regard to state and local priorities. (3) Stay or rescind an action, if that action is not required by a local collective bargaining agreement, that would prevent the school district from improving outcomes for all pupil subgroups identified pursuant to Section 52052 in regard to state or local priorities. (4) Appoint an academic trustee to exercise the powers and authority specified in this section on the Superintendent’s behalf. (d) The Superintendent shall notify the county superintendent of schools, the county board of education, the superintendent of the school district, and the governing board of the school district of any action by the state board to direct the Superintendent to exercise any of the powers and authorities specified in this section. (Added by Stats. 2023, Ch. 48, Sec. 74. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52072.5. Source version: id_08e3d75a-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) Beginning with the release of the 2026 California School Dashboard pursuant to subdivision (f) of Section 52064.5, and upon determination by the department every three years thereafter, if a county office of education meets the criteria established by the state board pursuant to subdivision (g) of Section 52064.5, as that section read on January 1, 2026, for three or more pupil subgroups identified pursuant to Section 52052 or, if the county office of education has less than three pupil subgroups, all of the county office of education’s pupil subgroups, in three out of four consecutive school years, the California Collaborative for Educational Excellence shall determine, in consultation with the county office of education and any provider of technical assistance pursuant to Section 52071.5, if assistance from the California Collaborative for Educational Excellence is necessary. When making this determination, primary consideration shall be given to the needs of the pupils in the county office of education. (b) Technical assistance provided pursuant to this section shall be facilitated by the California Collaborative for Educational Excellence, in collaboration with the department, and shall focus on building the county office of education’s capacity to develop and implement actions and services responsive to pupil and community needs pursuant to Section 52071.5 in a manner that streamlines improvement efforts for the county office of education. (Amended by Stats. 2026, Ch. 65, Sec. 113. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52072.6. Source version: id_a2a99c41-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) The Superintendent may, with the approval of the state board, identify county offices of education in need of intervention. (b) The Superintendent shall only intervene in a county office of education identified pursuant to subdivision (a) of Section 52072.5 and where the California Collaborative for Educational Excellence determines that the county office of education meets either of the following criteria: (1) The county office of education has failed, or is unable, to implement the recommendations of the California Collaborative for Educational Excellence pursuant to Section 52072.5. (2) The inadequate performance of the county office of education, based upon an evaluation rubric adopted pursuant to Section 52064.5, is either so persistent or acute as to require intervention by the Superintendent. (c) For county offices of education identified pursuant to subdivision (a), the Superintendent may, with the approval of the state board, do one or more of the following: (1) Make changes to a local control and accountability plan adopted by the county board of education. (2) Develop and impose a budget revision, in conjunction with revisions to the local control and accountability plan, that the Superintendent determines would allow the county office of education to improve the outcomes for all pupil subgroups identified pursuant to Section 52052 in regard to state and local priorities. (3) Stay or rescind an action, if that action is not required by a local collective bargaining agreement, that would prevent the county office of education from improving outcomes for all pupil subgroups identified pursuant to Section 52052 in regard to state or local priorities. (4) Appoint an academic trustee to exercise the powers and authority specified in this section on the Superintendent’s behalf. (d) The Superintendent shall notify the county board of education and the county superintendent of schools, in writing, of any action by the state board to direct the Superintendent to exercise any of the powers and authorities specified in this section. (Added by Stats. 2023, Ch. 48, Sec. 77. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52073. Source version: id_7354d3f5-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) (1) By September 1, 2018, the California Collaborative for Educational Excellence and the department shall establish a process, administered by the department, to select, subject to approval by the executive director of the state board, county offices of education to serve as geographic lead agencies to conduct the activities required pursuant to this section. (2) (A) The department, the California Collaborative for Educational Excellence, and the geographic lead agencies shall work collaboratively to advance the purpose of the statewide system of support specified in subdivision (b) of Section 52059.5. (B) The department and the California Collaborative for Educational Excellence shall establish a formal process to ensure that the department, the California Collaborative for Educational Excellence, and the geographic lead agencies communicate with each other regularly. (C) The department and the California Collaborative for Educational Excellence shall establish a process for the department, the California Collaborative for Educational Excellence, and the geographic lead agencies to engage with stakeholders to inform each entity’s work within the statewide system of support established by Section 52059.5. (D) The department and the California Collaborative for Educational Excellence, in consultation with the executive director of the state board, shall establish a formal process to coordinate the activities of the department, the California Collaborative for Educational Excellence, geographic lead agencies established pursuant to this section, expert lead agencies established pursuant to Section 52073.1, and special education resource leads established pursuant to Section 52073.2 to provide coherent and effective support to local educational agencies. The California Collaborative for Educational Excellence, in consultation with the department, shall facilitate this formal process. (3) The process to select geographic lead agencies shall ensure that no fewer than six and no more than 10 geographic lead agencies are selected in a manner to ensure statewide coverage. Geographic lead agencies shall be selected for a term not to exceed five years. (4) The process to select geographic lead agencies shall, at a minimum, specify that a county office of education applying to be a geographic lead agency demonstrate all of the following: (A) Appropriate expertise with the state priorities identified in subdivision (d) of Section 52060 and subdivision (d) of Section 52066 and with federal programs, which may include a plan to partner or subcontract, as appropriate, with other county offices of education or other entities for that expertise. (B) Ability to build the capacity of county offices of education within a defined geographic area to provide effective assistance and support to school districts under the state priorities identified in subdivision (d) of Section 52060 and federal programs. (C) Demonstrated capacity to provide assistance to school districts on improving pupil performance and closing achievement gaps for pupil subgroups identified pursuant to Section 52052. (D) Capacity and willingness to provide necessary assistance and support to other county offices of education. (E) Ability to coordinate and calibrate assistance and support provided to local educational agencies within a defined geographic area and with other geographic lead agencies, the California Collaborative for Educational Excellence, and the department. (F) Willingness to establish goals and be held accountable for improved performance across multiple measures within a defined geographic area. (5) A county office of education may partner as a consortium with other local educational agencies, institutions of higher education, or nonprofit educational services providers to submit a proposal to serve as a geographic lead agency. (b) (1) A geographic lead agency shall have all of the following responsibilities: (A) Assist in building the capacity of county offices of education within the geographic lead agency’s defined geographic area to provide effective assistance and support to school districts under the state priorities identified in subdivision (d) of Section 52060 and federal programs. (B) Coordinate and calibrate assistance and support provided to local educational agencies within its defined geographic area and with other geographic lead agencies, expert lead agencies identified pursuant to Section 52073.1, special education resource leads identified pursuant to Section 52073.2, the California Collaborative for Educational Excellence, and the department. (C) Provide assistance and support if another county office of education within the geographic lead agency’s defined geographic area is unable to provide appropriate assistance and support to one or more school districts in that county office of education’s boundaries, or at the request of a school district or county superintendent of schools pursuant to subdivision (d) of Section 52071. (D) Identify existing resources, professional development activities, and other efforts currently available within its designated geographic area to assist school districts and county offices of education to improve outcomes under the state priorities identified in subdivision (d) of Section 52060 and subdivision (d) of Section 52066, and upon request, share information about these existing resources. (E) Upon request by the department and the California Collaborative for Educational Excellence, develop new resources and activities that are designed to build capacity within school districts and county offices of education across the state under the state priorities identified in subdivision (d) of Section 52060 and subdivision (d) of Section 52066 or other areas of identified need. (F) Other duties as specified by the department and the California Collaborative for Educational Excellence as part of the process to select geographic lead agencies. (2) A geographic lead agency may enter into subcontracts with one or more local educational agencies, institutions of higher education, or nonprofit educational services providers to assist in fulfilling the responsibilities described in this subdivision. (c) The California Collaborative for Educational Excellence, in consultation with the department, shall assist the geographic lead agencies in fulfilling the responsibilities described in subdivision (b). (d) (1) At the conclusion of the term for each selected geographic lead agency, the department and the California Collaborative for Educational Excellence, subject to approval by the executive director of the state board, may renew the selection of the existing geographic lead agency or reopen the selection of a geographic lead agency in a manner consistent with subdivision (a). (2) Before renewing the selection of an existing geographic lead agency, the department and the California Collaborative for Educational Excellence shall determine that the geographic lead agency has been successful in doing both of the following: (A) Meeting the goals established pursuant to subparagraph (F) of paragraph (4) of subdivision (a). (B) Fulfilling the responsibilities described in subdivision (b), including, but not limited to, progress in building the capacity of county offices of education within the geographic lead agency’s defined geographic area as demonstrated by trends within the geographic lead agency’s defined geographic area in the number of school districts receiving technical assistance pursuant to subdivision (c) of Section 52071 and the number of school districts that stopped receiving technical assistance pursuant to subdivision (c) of Section 52071 due to improved performance on the state and local indicators developed for the California School Dashboard pursuant to Section 52064.5. (3) As part of the request for renewal, an existing geographic lead agency shall provide a description of efforts the geographic lead agency has made to fulfill the responsibilities described in subdivision (b). (e) Commencing with the 2018–19 fiscal year, the sum of four million dollars ($4,000,000) shall be appropriated annually to the department from the General Fund to be awarded to county offices of education serving as geographic lead agencies pursuant to this section. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the amount appropriated in subdivision (e) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202. (Amended by Stats. 2024, Ch. 38, Sec. 76. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52073.1. Source version: id_f91f310c-815e-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) Subject to an appropriation included in the annual Budget Act for this purpose, the department and the California Collaborative for Educational Excellence may establish a process, administered by the department, to select, subject to approval by the executive director of the state board, an expert lead agency based on specific expertise in an area of need to conduct activities and build statewide capacity to address that area of need within the statewide system of support. (b) The process for selecting an expert lead agency pursuant to this section shall ensure, at a minimum, that the expert lead agency demonstrate the ability to coordinate and calibrate assistance and support provided based on the specific expertise in an area of need with geographic lead agencies, the California Collaborative for Educational Excellence, and the department, and, as appropriate, that the expert lead agency demonstrates the ability to provide assistance on improving pupil performance and closing achievement gaps for pupil subgroups identified pursuant to Section 52052 in the specific area of statewide need. (c) In selecting an expert lead agency pursuant to this section, the department and California Collaborative for Educational Excellence may select a county office of education serving as a geographic lead agency pursuant to Section 52073 or another local educational agency. (d) Selection of an expert lead agency pursuant to this section shall be in addition to the limitation on the number of geographic lead agencies specified in paragraph (3) of subdivision (a) of Section 52073. (Added by Stats. 2018, Ch. 32, Sec. 75. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52073.2. Source version: id_723b5c18-fed3-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) The California Collaborative for Educational Excellence and the department shall establish a process, administered by the department, to select, subject to approval by the executive director of the state board in consultation with the Department of Finance, special education local plan areas, county offices of education, or consortia of special education local plan areas and county offices of education to serve as special education resource leads to work with lead agencies selected pursuant to Sections 52073 and 52073.1, and other county offices of education, to improve pupil outcomes as part of the statewide system of support pursuant to this article. (b) The process to select special education resource leads shall ensure that no more than 10 special education resource leads are selected to provide specific expertise on special education issues within the statewide system of support. At least three resource leads shall be selected in a manner to ensure statewide representation and focus directly on building local and regional capacity to support local educational agencies in achieving the goals, actions, and services identified in their local control and accountability plans. Special education resource leads shall be selected for a term not to exceed five years. (c) Commencing with the grant cycle beginning July 1, 2023, both of the following shall occur: (1) At least one resource lead shall be selected to support the development and implementation of high-quality individualized education programs. (2) At least one resource lead shall be selected to, in partnership with a family support organization, or coalition of family support organizations, that provides support to families of pupils with disabilities, provide capacity building, training, and technical assistance on family support for families of pupils with disabilities, and conflict prevention and alternate dispute resolution in special education. (d) For purposes of this section, “family support organization that provides support to families of pupils with disabilities” includes, but is not limited to, a state or federally funded organization that provides support to families of pupils with disabilities. (Amended by Stats. 2022, Ch. 52, Sec. 86. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52073.3. Source version: id_7e889097-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) The Legislature finds and declares all of the following: (1) Without capacity in California’s public school system to conduct meaningful interestholder engagement, especially as it relates to the local control and accountability plan development process, pupils, families, and communities may not be able to hold school districts accountable for decisions that affect pupil outcomes. (2) The statewide system of support established pursuant to Section 52059.5 should include expertise and resources to help school districts improve in their ability to engage interestholders meaningfully. (3) Through an important investment made through the Budget Act of 2018, the statewide system of support has grown to include the Community Engagement Initiative, which was established for the purpose of all of the following: (A) Building capacity in communities and school districts to have difficult conversations with each other and build trust, with a focus on improving outcomes for pupils. (B) Identifying effective models of community engagement and metrics to evaluate those models. (C) Developing effective peer-to-peer partnerships between school districts and county offices of education, utilizing the existing professional learning networks structure administered by the California Collaborative for Educational Excellence, to deepen community engagement using lessons learned from the work identified in subparagraph (A) and the models identified in subparagraph (B). (D) Scaling up the work identified in subparagraphs (A), (B), and (C) to improve community engagement statewide and incorporate practices that prove effective toward school district and county office of education continuous improvement efforts. (4) Through the Community Engagement Initiative, local educational agencies have been able to create authentic partnerships among pupils, families, districts, and communities that nurture relationships, build trust, ensure cultural, racial, and linguistic equity, and lead to transformative pupil outcomes. (5) While the initial investment in the Community Engagement Initiative was an important initial foray into building local educational agency engagement capacity, work remains to strengthen engagement statewide and further address the gaps in local capacity for meaningful community engagement. (b) The Community Engagement Initiative Expansion, or the Expansion, is hereby established for all of the following purposes: (1) Increasing and enhancing the emphasis on the engagement of pupils, families, and communities in all aspects of the Community Engagement Initiative. (2) Expanding the use of the Community Engagement Initiative’s identified metrics to create a common definition and clear standards for meaningful engagement at the local and state levels. (3) Developing an in-depth training series on meaningful pupil, family, and community engagement and engaging local educational agencies and schoolsite staff in those trainings to build the knowledge, skillsets, and commitment of key staff in improving pupil, family, and community engagement. (4) Increasing the capacity of the California Collaborative for Educational Excellence and the lead agency selected pursuant to subdivision (c) to scale up the initiative and improve alignment with the statewide system of support. (c) (1) By May 1, 2023, the department and the California Collaborative for Educational Excellence, with approval from the executive director of the state board, shall select an expert community engagement lead agency, consistent with Section 52073.1, to coadminister the Expansion with the California Collaborative for Educational Excellence. (2) The lead agency selected for the Expansion shall demonstrate a willingness and capacity to do all of the following: (A) Develop and disseminate expertise in community engagement. (B) Work collaboratively with the California Collaborative for Educational Excellence and a diverse group of education interestholders. (C) Communicate regularly with the department, the California Collaborative for Educational Excellence, and the lead agencies specified in Section 52073 through the formal process established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 52073. (D) Document the outcomes of the activities authorized by this section through the duration of the Expansion and, in partnership with the California Collaborative for Educational Excellence and the Expansion participants, develop resources based on the experiences and conclusions of the Community Engagement Initiative’s participants and the Expansion’s participants from their specific contexts that are broadly applicable and actionable statewide. (E) Play a leadership role in disseminating the information specified in subparagraph (D) throughout the statewide system of support established pursuant to Section 52059.5 and serving as a resource to local educational agencies and community interestholders in applying that information to their local context. (d) (1) The California Collaborative for Educational Excellence and the lead agency selected pursuant to subdivision (c) shall create a common definition and clear metrics for effective, equitable community engagement that draw upon the metrics developed pursuant to paragraph (3) of subdivision (f) Section 140 of Chapter 32 of the Statutes of 2018. (2) The metrics shall mirror the original purpose of the Community Engagement Initiative, which is to engage underrepresented pupils, families, and communities, build trust and have authentic and productive conversations, and link engagement to efforts that improve student outcomes. (e) (1) On or before December 1, 2023, the California Collaborative for Educational Excellence and the lead agency selected pursuant to subdivision (c) shall develop an in-depth training series and resources on meaningful pupil, family, and community engagement. (2) The developed training series and resources shall be able to accomplish, at a minimum, all of the following: (A) Develop professional development through train-the-trainer models or online training modules that are scaffolded to support the continued professional development and deeper expertise of educators. (B) Provide technical assistance to local educational agencies. (C) Develop a network of educators, especially those selected to participate in previous community engagement professional learning networks pursuant to Section 140 of Chapter 32 of the Statutes of 2018, who can provide coaching and training to other local educational agencies. (3) The developed training series and resources shall include content on areas, including, but not limited to, all of the following: (A) How to have conversations on complex issues such as race, language, disability, understanding community expertise, and sharing power. (B) Engaging local educational agency and schoolsite staff in those trainings to build the knowledge, skillsets, and commitment of key staff in improving pupil, family, and community engagement. (C) Focusing on and centering the voices of pupils, families, and communities in decisionmaking processes. (D) Protocols for facilitating professional learning networks to help other communities and school districts improve and deepen their interactions, including the Community Engagement Initiative Protocol Toolkit, developed and tested by community engagement professional learning networks convened pursuant to Section 140 of Chapter 32 of the Statutes of 2018. (E) Metrics for measuring increases in community engagement, including the metrics developed pursuant to subdivision (d). (F) How to leverage the Community Engagement Initiative for transformational school investments and authentic pupil, family, community, and educator engagement, including, but not limited to, local control and accountability plans, expanded learning opportunity programs, and California Community School Partnership Act grants. (4) The training series and resources shall be made publicly available, at no cost to local educational agencies statewide. (5) The California Collaborative for Educational Excellence shall periodically update the trainings and resources, as needed, based on the findings of future community engagement professional learning networks and other research. (f) For the 2022–23 fiscal year to the 2026–27 fiscal year, inclusive, the California Collaborative for Educational Excellence and the lead agency selected pursuant to subdivision (c) shall convene 30 community engagement professional learning networks. Each of these professional learning networks shall be similar in composition to the teams described in subdivision (d) of Section 140 of Chapter 32 of the Statutes of 2018. These teams shall be willing to do all of the following: (1) Participate in the professional learning network for no less than two years. (2) Engage in open dialogue on issues related to improving local pupil outcomes. (3) (A) Partner with other communities and school districts on improving community engagement. (B) A partnership pursuant to subparagraph (A) shall include providing fiscal support to partnering organizations to support their capacity for meaningful collaboration and implementation of the Community Engagement Initiative. (g) For the 2022–23 fiscal year, each of the professional learning networks created pursuant to subdivision (f) shall include as cofacilitators members of a team that participated in the initial community engagement professional learning networks established pursuant to subdivisions (e) and (g) of Section 140 of Chapter 32 of the Statutes of 2018. (h) Beginning on July 1, 2024, the professional learning networks created pursuant to subdivision (f) may also include as cofacilitators members of a team that participated in the initial community engagement professional learning networks established pursuant to subdivision (k) of Section 140 of Chapter 32 of the Statutes of 2018. (i) Each of the professional learning networks established pursuant to subdivision (f) shall do both of the following: (1) Deepen the community engagement of the school districts and communities participating in each professional learning network, including by engaging with the Community Engagement Protocol Toolkit developed by the community engagement professional learning networks established pursuant to Section 140 of Chapter 32 of the Statutes of 2018. (2) Use the metrics developed pursuant to paragraph (3) of subdivision (f) of Section 140 of Chapter 32 of the Statutes of 2018 to measure changes in community engagement in each of the participating communities and school districts. (j) The California Collaborative for Educational Excellence and the lead agency selected pursuant to subdivision (c) shall incorporate learning recovery work, as authorized by the funds apportioned pursuant to Section 32526, into the training and resources provided to local educational agencies. (k) By June 30, 2027, the California Collaborative for Educational Excellence and the lead agency selected pursuant to subdivision (c) shall submit a report to the executive director of the state board, the Superintendent, the executive director of the California Collaborative for Educational Excellence, each of the lead agencies identified pursuant to Section 52073, and the chairpersons of each of the appropriate policy and fiscal committees of the Legislature. The report shall include all of the following: (1) A description of best practices for improving community engagement identified by the professional learning networks established under the Community Engagement Initiative and the Expansion, and any changes in the understanding of best practices throughout the duration of the Expansion. (2) Using the definition and metrics identified pursuant to subdivision (d), an analysis of the impact of the work done by each team through the professional learning networks on their home communities and school districts. (3) Feedback to improve the community engagement professional learning network protocol and metrics, and additional activities or resources that would assist in continued development of capacity within local educational agencies and local communities for conducting meaningful interestholder engagement. (l) For the 2022–23 fiscal year, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund to the Superintendent for allocation to the California Collaborative for Educational Excellence to expand and strengthen the Community Engagement Initiative pursuant to this section. The administrative agent of the California Collaborative for Educational Excellence, pursuant to policy and program direction from the governing board of the California Collaborative for Educational Excellence, shall develop the budget for the Community Engagement Initiative Expansion, subject to approval by the Department of Finance. Of the amount appropriated in this subdivision, five million dollars ($5,000,000) shall be allocated to the administrative agent of the California Collaborative for Educational Excellence for costs associated with administering this program. All funds appropriated pursuant to this subdivision shall be available for encumbrance until June 30, 2029. (m) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (l) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (Amended by Stats. 2024, Ch. 38, Sec. 77. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52073.4. Source version: id_07981a3a-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) (1) Contingent upon federal English Language Acquisition, Language Enhancement, and Academic Achievement Act (20 U.S.C. 6811 et seq.) funds appropriated in Item 6100-125-0890 of the Budget Act of 2025 for the support of regional English learner lead agencies not being available due to a reduction in California’s receipt of federal funds, for the 2025–26 fiscal year, the sum of two million dollars ($2,000,000) shall be appropriated from the General Fund to the Superintendent to award to county offices of education serving as regional English learner lead agencies consistent with this section. (2) Commencing with the 2026–27 fiscal year, the sum of two million dollars ($2,000,000) shall be annually appropriated each fiscal year from the General Fund to the Superintendent to award to county offices of education serving as regional English learner lead agencies consistent with this section. (b) For the 2025–26 fiscal year, the department shall allocate the funds appropriated pursuant to subdivision (a) to the 11 county offices of education serving as regional county office of education English learner specialists, pursuant to Provision 2 of Item 6100-125-0890 of the Budget Act of 2024, to provide technical assistance to local educational agencies on state and federal programs, and recommendations for best practices, instructional strategies, and improvement in English language proficiency and state academic standards. The department shall assess the performance of the county offices of education in performing the duties specified according to the metrics approved by the executive director of the state board pursuant to Provision 2 of Item 6100-125-0890 of the Budget Act of 2023, to the extent practicable, and provide a final report to the Department of Finance and the executive director of the state board on the regional county offices of education’s performance on these metrics no later than December 30, 2026. (c) (1) On or before July 1, 2026, the department shall select, in consultation with and subject to approval by the executive director of the state board, county offices of education to serve as regional English learner lead agencies to conduct the activities required pursuant to subdivision (d). (2) The process to select regional English learner lead agencies shall ensure that no fewer than five and no more than seven regional English learner lead agencies are selected in a manner to ensure statewide coverage. Regional English learner lead agencies shall be selected for a term not to exceed four years. (3) The process to select regional English learner lead agencies shall, at a minimum, specify that a county office of education applying to be a regional English learner lead agency demonstrate all of the following: (A) Appropriate expertise of the California English Learner Roadmap State Board of Education Policy: Educational Programs and Services for English Learners (EL Roadmap Policy), adopted by the state board on July 12, 2017. (B) Ability to build the capacity of county offices of education within a defined region to provide effective assistance and support to school districts and charter schools around high-quality, comprehensive English language development instruction. (C) Demonstrated capacity to provide technical assistance and resources to school districts and charter schools that support the development, implementation, and evaluation of effective English learner instructional programs. (D) Capacity and willingness to provide necessary assistance and support to other county offices of education. (E) Ability to coordinate and calibrate assistance and support provided to local educational agencies within a defined region and with other regional English learner lead agencies, Literacy Lead Agencies, and the department. (F) Willingness and ability to establish outcome measures and high-leverage strategies, monitor progress, and be held accountable for improved performance across multiple measures within a defined region. (4) Priority consideration to serve as a regional English learner lead agency shall be given to a county office of education with experience providing technical assistance to local educational agencies on state and federal requirements related to English learners pursuant to Provision 2 of Item 6100-125-0890 of the Budget Act of 2024. (d) A regional English learner lead agency shall have all of the following responsibilities: (1) Assist in building the capacity of county offices of education within the regional English learner lead agency’s defined region to provide technical assistance to support the development, implementation, and evaluation of effective English learner instructional programs. (2) Coordinate and calibrate assistance and support provided to local educational agencies within its defined region and with other regional English learner lead agencies, geographic lead agencies identified pursuant to Section 52073, expert lead agencies identified pursuant to Section 52073.1, special education resource leads identified pursuant to Section 52073.2, literacy leads in the Statewide Literacy Network pursuant to Section 90 of the act that added this section, the California Collaborative for Educational Excellence, and the department. This shall include coordinating and calibrating assistance provided to school districts and charter schools receiving technical assistance pursuant to subdivision (c) of Section 52071 and subdivision (a) of Section 47607.3, based on performance on the state and local indicators included in the California School Dashboard pursuant to Section 52064.5 of English learners and long-term English learners as defined in Section 52052. (3) Coordinate and collaborate with other regional English learner lead agencies to provide support around high-quality English language development instruction across regions. (4) Identify existing resources, professional development activities, and other efforts currently available within its designated region to assist local educational agencies in building effective English language acquisition programs and share information about these existing resources. (5) In alignment with Section 361, work to incorporate the EL Roadmap Policy meaningfully within the statewide system of support established pursuant to Section 52059.5. (6) Upon request by the department, develop new resources and activities that are designed to build capacity within local educational agencies to support the outcomes of English learner pupils, including long-term English learners. (7) Participate in the Statewide Literacy Network activities to convene literacy leads to support statewide implementation of evidence-based practices aligned to the English Language Arts/English Language Development Framework adopted by the State Board of Education pursuant to Section 60207, the English Learner Roadmap, the Literacy Roadmap, and the use of data to support effective instruction. (8) Other duties as specified by the department. (e) The department shall assist the regional English learner lead agencies in fulfilling the responsibilities described in subdivision (d). (f) (1) At the conclusion of the term for each selected regional English learner lead agency, the department, subject to approval by the executive director of the state board, may renew the selection of the existing regional English learner lead agency or reopen the selection of a regional English learner lead agency in a manner consistent with subdivision (c). (2) Before renewing the selection of an existing regional English learner lead agency, the department shall determine that the regional English learner lead agency has been successful in doing both of the following: (A) Meeting the outcome measures established pursuant to subparagraph (F) of paragraph (3) of subdivision (c). (B) Fulfilling the responsibilities described in subdivision (d), including, but not limited to, progress in supporting school districts and charter schools and building the capacity of county offices of education within the regional English learner lead agency’s defined region, as demonstrated by trends within the regional English learner lead agency’s defined region in the number of school districts and charter schools receiving technical assistance pursuant to subdivision (c) of Section 52071 and subdivision (a) of Section 47607.3, and the number of school districts and charter schools that stopped receiving technical assistance pursuant to subdivision (c) of Section 52071 and subdivision (a) of Section 47607.3 due to improved performance on the state and local indicators developed for the California School Dashboard pursuant to Section 52064.5 of English learners and long-term English learners as defined in Section 52052. (3) As part of the request for renewal, an existing regional English learner lead agency shall provide a description of efforts the regional English learner lead agency has made to fulfill the responsibilities described in subdivision (d). (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated. (Added by Stats. 2025, Ch. 8, Sec. 50. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52073.5. Source version: id_aed610c3-20e8-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) (1) By March 1, 2024, the California Collaborative for Educational Excellence and the department shall select, subject to approval by the executive director of the state board and as a result of a competitive process, local educational agencies, or a consortium of local educational agencies, to serve as Equity Leads within the system of support to conduct the activities required pursuant to this section. (2) The competitive process to select the Equity Leads shall ensure that no fewer than two Equity Leads and no more than four Equity Leads are selected in a manner that provides for statewide coverage. The Equity Leads shall be selected for a term not to exceed five years. (3) Notwithstanding the deadline established pursuant to paragraph (1), if the competitive selection process administered pursuant to paragraphs (1) and (2) yields fewer than six applicants, the California Collaborative for Educational Excellence and the department shall reestablish a new competitive process, subject to all other requirements of this subdivision, to solicit a larger pool of applicants. (b) The Equity Leads selected pursuant to subdivision (a) shall demonstrate a willingness and capacity to do all of the following: (1) Work collaboratively with the California Collaborative for Educational Excellence, the department, and other lead agencies in the system of support to advance the purpose of the statewide system of support specified in subdivision (b) of Section 52059.5. (2) Partner with other subject matter experts across the state, including, but not limited to, the Community Engagement Initiative, 21st Century California School Leadership Academy, California Community Schools Partnership Program Regional Technical Assistance Center, Local Literacy Lead Agencies, and Statewide System of Support for Expanded Learning. (3) Develop and disseminate resources on effective practices for analyzing programs, identifying barriers and opportunities, and implementing actions and services to meet the identified needs of all pupils, including by addressing racial disparities. (4) Understand the local control and accountability plan and how to use the local control and accountability plan for strategic planning, including, but not limited to, by: (A) Identifying and analyzing available and relevant data to understand pupil needs and helping practitioners, educators, and interestholders understand the data. (B) Assisting practitioners in implementing and monitoring changes to practice to meet the needs of all pupils, including by addressing racial disparities in opportunities and outcomes and aligning to the technical assistance provided pursuant to Sections 47607.3, 52071, 52071.5, 52072, and 52072.5. (C) Including diverse and underrepresented pupils, families, and communities in decisionmaking processes in school settings. (5) Understanding the history of racial inequities in California, including, but not limited to, past policies related to segregation, immigration, education, and public safety and incarceration, and how it currently impacts pupils in California. (c) The Equity Leads shall have all of the following responsibilities: (1) Partnering with the local educational agencies, prioritizing those with schools receiving Local Control Funding Formula Equity Multiplier funding pursuant to Section 42238.024, to analyze programs, identify barriers and opportunities, and implement actions and services to meet the identified needs of all pupils, including by addressing racial disparities. This shall include enhancing and expanding existing work in these areas. (2) Supporting the work of local educational agencies, prioritizing those with schools receiving Local Control Funding Formula Equity Multiplier funding pursuant to Section 42238.024, in developing and implementing programs and supports that address racial disparities in opportunities and academic outcomes. (3) Identifying existing resources, including support for educator preparation; recruitment, retention, and professional development activities; instructional coaching; and other efforts currently available to address disparities, including racial disparities, in pupil outcomes, and sharing these resources with local educational agencies, prioritizing those receiving Local Control Funding Formula Equity Multiplier funding pursuant to Section 42238.024. (4) Monitoring the impact of the implementation of local control and accountability plan goals pursuant to paragraph (7) of subdivision (e) of Section 52064, and reporting on the best practices developed and outcomes. (d) Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, the sum of two million dollars ($2,000,000) is hereby appropriated to the department from the General Fund to be awarded to local educational agencies serving as Equity Leads pursuant to this section. (e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (d) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year for which the appropriation is made, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year for which the appropriation is made. (Added by Stats. 2023, Ch. 48, Sec. 79. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52074. Source version: id_ba495225-20e9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) The California Collaborative for Educational Excellence is hereby established. (b) The purpose of the California Collaborative for Educational Excellence is to advise and assist school districts, county superintendents of schools, and charter schools in achieving the goals set forth in a local control and accountability plan adopted pursuant to this article. The California Collaborative for Educational Excellence shall achieve this purpose by facilitating continuous improvement for local educational agencies within California’s system of public school support. (c) The California Collaborative for Educational Excellence shall be governed by a board consisting of the following five members: (1) The Superintendent or the Superintendent’s designee. (2) The president of the state board or the president of the state board’s designee. (3) A county superintendent of schools appointed by the Senate Committee on Rules. (4) A teacher appointed by the Speaker of the Assembly. (5) A superintendent of a school district appointed by the Governor. (d) The governing board of the California Collaborative for Educational Excellence shall select, and direct the administrative agent provided for in subdivision (e) to hire, the executive director of the California Collaborative for Educational Excellence and provide policy and program direction. (e) The department, in consultation with the executive director of the state board and with the approval of the Department of Finance, shall enter into a memorandum of understanding with a local educational agency, or consortium of local educational agencies, to serve as the administrative agent for the California Collaborative for Educational Excellence. The administrative agent shall operate all aspects of the California Collaborative for Educational Excellence in accordance with the terms of the memorandum of understanding entered into with the state, applicable statutes, and the policy and program direction of the governing board of the California Collaborative for Educational Excellence. (f) Pursuant to the policy and program direction of the governing board of the California Collaborative for Educational Excellence, the administrative agent shall contract with individuals, local educational agencies, or organizations with the expertise, experience, and a record of success to carry out the purposes of this article. The areas of expertise, experience, and record of success shall include, but are not limited to, all of the following: (1) State priorities as described in subdivision (d) of Section 52060, including the state and local indicators developed for the California School Dashboard pursuant to Section 52064.5. (2) Improving the quality of teaching. (3) Improving the quality of school district and schoolsite leadership. (4) Successfully addressing the needs of special pupil populations, including, but not limited to, English learners, pupils eligible to receive a free or reduced-price meal, pupils in foster care, and individuals with exceptional needs. (g) (1) The California Collaborative for Educational Excellence may accept a request or referral to advise and assist a school district, county superintendent of schools, or charter school pursuant to paragraph (2) or in either of the following circumstances: (A) If the county superintendent of schools of the county in which the school district or charter school is located determines, following the provision of technical assistance pursuant to Section 52071 or 47607.3, as applicable, and the geographic lead agency of that county identified pursuant to Section 52073 agrees, that the advice and assistance of the California Collaborative for Educational Excellence is necessary to help the school district or charter school accomplish the goals described in the local control and accountability plan adopted pursuant to this article. (B) If the Superintendent determines that the advice and assistance of the California Collaborative for Educational Excellence is necessary to help the school district, county superintendent of schools, or charter school accomplish the goals set forth in the local control and accountability plan adopted pursuant to this article. (2) (A) If a school district receives an emergency apportionment pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3, the school district shall be deemed to have been referred to the California Collaborative for Educational Excellence. (B) If the California Collaborative for Educational Excellence provides assistance to a school district referred pursuant to this paragraph, the California Collaborative for Educational Excellence shall conduct a systemic review of the school district to identify needs and strategies to improve pupil academic achievement, including, but not limited to, needs identified pursuant to Sections 52052, 52064.5, and 52071. Based on the results of the systemic review, the California Collaborative for Educational Excellence shall coordinate and facilitate the assistance provided to the school district by governmental agencies to provide coherent and effective support consistent with the purpose of the statewide system of support specified in Section 52059.5. The governmental agencies may include, among others, the department, the local county superintendent, the applicable geographic lead agency, and the County Office Fiscal Crisis and Management Assistance Team. It is the intent of the Legislature that no single governmental agency providing assistance in partnership with other governmental agencies bear the full cost of assistance. (3) Outside of the processes described in paragraphs (1) and (2), only a school district, county office of education, or charter school that is eligible for technical assistance pursuant to Section 52071, 52071.5, or 47607.3 may request the advice and assistance of the California Collaborative for Educational Excellence. A school district, county office of education, or charter school that requests advice and assistance pursuant to this paragraph shall reimburse the California Collaborative for Educational Excellence for the cost of those services pursuant to authority provided in the annual Budget Act. (4) Notwithstanding paragraphs (1), (2), and (3), the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 may request the advice or assistance of the California Collaborative for Educational Excellence and shall reimburse the California Collaborative for Educational Excellence for the cost of those services pursuant to authority provided in the annual Budget Act. (h) To the extent authority is provided in the annual Budget Act, a school district at risk of qualifying for state intervention pursuant to subdivision (b) of Section 52072 shall have priority for direct technical assistance from the California Collaborative for Educational Excellence. (i) In addition to the functions described in subdivision (g), the California Collaborative for Educational Excellence shall do both of the following: (1) Facilitate professional development activities that increase the capacity of local educational agencies to improve pupil outcomes in alignment with state priorities pursuant to Section 52060 and to improve performance on the state and local indicators developed for the California School Dashboard pursuant to Section 52064.5. The California Collaborative for Educational Excellence shall provide professional development in partnership with state professional associations, nonprofit organizations, and public agencies. The governing board of the California Collaborative for Educational Excellence shall determine the extent of the training that is necessary to comply with this paragraph. (2) Produce a professional development training calendar, to be posted on the California Collaborative for Educational Excellence’s internet website, that publicizes all of the professional development activities offered pursuant to paragraph (1) at the local, regional, and state levels. (j) The individuals with whom the administrative agent enters into employment contracts to carry out the purposes of this article shall be deemed employees of the administrative agent and eligible for participation in either the State Teachers’ Retirement System or the Public Employees’ Retirement System, as appropriate to the nature of the work to be performed by the employees. (k) Receipt of any revenues not appropriated by the Legislature to the California Collaborative for Educational Excellence, including revenues received for assistance provided pursuant to paragraphs (3) and (4) of subdivision (g), shall be subject to approval by the governing board of the California Collaborative for Educational Excellence. The governing board of the California Collaborative for Educational Excellence shall ensure that all activities, regardless of fund source, are aligned with the purpose of the California Collaborative for Educational Excellence, as described in subdivision (b). (Amended by Stats. 2023, Ch. 48, Sec. 80. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52075. Source version: id_89e5a729-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. (a) A complaint that a school district, county superintendent of schools, or charter school has not complied with the requirements of this article or Sections 47606.5 and 47607.3, as applicable, may be filed with a school district, county superintendent of schools, or charter school pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (b) Consistent with subdivision (d) of Section 4600 of Title 5 of the California Code of Regulations, a complaint may be filed by any member of the public, including anyone electing to file anonymously, if the complaint provides evidence or information leading to evidence to support an allegation of noncompliance with the requirements of this article. (c) A complainant not satisfied with the decision of a school district, county superintendent of schools, or charter school may appeal the decision to the Superintendent and shall receive a written appeal decision within 60 days of the Superintendent’s receipt of the appeal. (d) If a school district, county superintendent of schools, or charter school finds merit in a complaint, or the Superintendent finds merit in an appeal, the school district, county superintendent of schools, or charter school shall provide a remedy to all affected pupils, parents, and guardians. (e) If the Superintendent finds merit in an appeal of a complaint filed against a school district related to a local control and accountability plan approved by a county superintendent of schools, or finds merit in an appeal against a county superintendent of schools related to the approval of a school district’s local control and accountability plan, the Superintendent shall provide technical assistance to the county superintendent of schools focused on improving the county superintendent of schools’ review and approval of local control and accountability plans. (f) Information regarding the requirements of this article shall be included in the annual notification distributed to pupils, parents and guardians, employees, and other interested parties pursuant to Section 4622 of Title 5 of the California Code of Regulations or any successor regulation. (g) School districts, county superintendents of schools, and charter schools shall establish local policies and procedures to implement the provisions of this section on or before June 30, 2014. (Amended by Stats. 2024, Ch. 38, Sec. 78. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52076. Source version: id_f0497151-e380-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. Notwithstanding any other law, this article shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent. (Added by Stats. 2013, Ch. 47, Sec. 103. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 6.1. Public Schools Accountability Act of 1999 [52050 - 52077] ARTICLE 4.5. Local Control and Accountability Plans and the Statewide System of Support [52059.5 - 52077] SECTION 52077. Source version: id_f0497153-e380-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=6.1.&article=4.5. If any activities authorized pursuant to this article and implementing regulations are found to be a state reimbursable mandate pursuant to Section 6 of Article XIII B of the California Constitution, funding provided for school districts and county offices of education pursuant to Sections 2574, 2575, 42238.02, and 42238.03 shall be used to directly offset any mandated costs. (Added by Stats. 2013, Ch. 47, Sec. 103. (AB 97) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52160. Source version: id_d829b57f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. This article shall be known and may be referred to as the Chacon-Moscone Bilingual-Bicultural Education Act of 1976. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52161. Source version: id_d829b581-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. The Legislature finds that there are more than 288,000 school age children who are limited English proficient and who do not have the English language skills necessary to benefit from instruction only in English at a level substantially equivalent to pupils whose primary language is English. Their lack of English language communication skills presents an obstacle to such pupils’ right to an equal educational opportunity which can be removed by instruction and training in the pupils’ primary languages while such pupils are learning English. The Legislature recognizes that the school dropout rate is excessive among pupils of limited English proficiency. This represents a tremendous loss in human resources and in potential personal income and tax revenues. Furthermore, high rates of joblessness among these dropouts contribute to the unemployment burden of the state. The Legislature recognizes that a critical need exists for teaching and administrative personnel qualified in the bilingual and crosscultural skills necessary to the instruction of the limited-English-proficient population in the state’s school districts. Therefore, the Legislature directs school districts to provide for in-service programs to qualify existing and future personnel in the bilingual and crosscultural skills necessary to serve the pupils of limited English proficiency of this state. Furthermore, the Legislature intends that the public institutions of higher education establish programs to qualify teachers and administrators in the bilingual and crosscultural skills necessary to serve these pupils. The Legislature finds and declares that the primary goal of all programs under this article is, as effectively and efficiently as possible, to develop in each child fluency in English. The programs shall also provide positive reinforcement of the self-image of participating pupils, promote crosscultural understanding, and provide equal opportunity for academic achievement, including, when necessary, academic instruction through the primary language. It is the purpose of this article to require California school districts to offer bilingual learning opportunities to each pupil of limited English proficiency enrolled in the public schools, and to provide adequate supplemental financial support to achieve such purpose. Insofar as the individual pupil is concerned, participation in bilingual programs is voluntary on the part of the parent or guardian. (Amended by Stats. 1980, Ch. 1339, Sec. 5. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52162. Source version: id_d82b3c23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. The State Board of Education shall adopt such rules and regulations as are necessary for the effective administration of this article. (Amended by Stats. 1980, Ch. 1339, Sec. 6. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52163. Source version: id_6ef82fbf-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article. (a) “Basic bilingual education” is a system of instruction that builds upon the language skills of the pupil and that consists of, but is not limited to, all of the following: (1) A structured English language development component with daily instruction leading to the acquisition of English language proficiency, including English reading and writing skills. (2) A structured primary language component with daily basic skills instruction in the primary language for the purpose of sustaining achievement in basic subject areas until the transfer to English is made. As the pupil develops English language skills, the amount of instruction offered through English shall increase. (b) “Bilingual-bicultural education” is a system of instruction that uses two languages, one of which is English, as a means of instruction. It is a means of instruction that builds upon and expands the existing language skills of each participating pupil, that will enable the pupil to achieve competency in both languages. This instruction shall include all of the following: (1) Daily instruction in English language development that shall include: (A) Listening and speaking skills. (B) Reading and writing skills; formal instruction in reading and writing of English shall be introduced when appropriate criteria are met. (2) Language development in the pupil’s primary language, including oral and literacy skills. (3) Reading in the pupil’s primary language. (4) Selected subjects taught in the pupil’s primary language. (5) Development of an understanding of the history and culture of California and the United States, as well as an understanding of customs and values of the cultures associated with the languages being taught. (c) (1) “Experimental bilingual programs” are: (A) Innovative programs that are consistent with the provisions of this article, the requirements for bilingual teaching personnel pursuant to Section 52165, and the requirements for English language and primary language development pursuant to this section. Innovative programs may include new management approaches, greater emphasis on team teaching, or other appropriate improvements that expand the learning opportunities of pupils of limited English proficiency. Unless waivers of code sections are required, project approval of the state board is not required. A description of each innovative program shall be included with the consolidated application for program funding and an annual evaluation of the programs shall be included in the multiple-funded program evaluation required pursuant to Section 33403. (B) Planned variation programs for the purpose of comparing and improving language development programs for pupils of limited English proficiency. A primary focus shall be on appropriate instruction for pupils of limited English proficiency whose English skills are superior to their skills in their primary language. A focus may also be placed upon situations in which the number of pupils who, in accordance with Section 52165, would be required to receive instruction pursuant to subdivision (a) or (b) of Section 52163, is substantially smaller than the census indicated for the previous year, in which case all pupils of limited English proficiency shall receive instruction through individual learning programs during the preparation of the district’s proposal and the consideration of the proposal by the state board. The programs shall be authorized by the state board in up to 300 classrooms in 1982–83 and up to 700 classrooms in 1983–84 and each school year thereafter in districts that are representative of the state both geographically and by size. Not more than 30 classrooms in 1982–83 and 50 classrooms in 1983–84, that may or may not be in another school, shall be approved in any one district. The programs shall not result in segregation. For districts proposing a planned variation program, the staffing requirements of Section 52165 may be partially or totally waived by the state board provided that the district has an inadequate number of certified bilingual teachers, that certified bilingual teachers are not replaced, that present level of effort is not reduced, and that the proposed language development program is appropriate. For each participating classroom there shall be another similar classroom in the district that has fully implemented and is in compliance with the other provisions of this article. (2) Proposals for planned variation programs shall include, but need not be limited to: (A) A clear statement of the purposes, goals, and objectives for planned variation programs and projected outcomes. (B) A delineated management, staffing, and instructional plan. (C) Pupil identification, diagnosis, and assessment procedures. (D) Evidence of qualified bilingual and other instructional staff with demonstrated competence in language development, bicultural or multicultural knowledge of participating pupils, and instructional methodologies. (E) Documented parent and community participation and support. (F) Use of state and federal funding, where applicable. (G) Evaluation component that controls for instructional treatments, instructional engaged time, staffing, pupil language characteristics, achievement, attendance, and related data. (H) For purposes of this subdivision, if formal action upon a proposal for a planned variation program is not taken by the state board on or before the second regular meeting of the state board following the receipt of a complete and documented proposal, the proposal shall be deemed approved for the remainder of the school year. Proposals that meet the requirements of this subdivision shall be approved by the state board in accordance with standards established in subdivision (b) of Section 52820. Proposals may be approved annually for a second, third, or fourth year based upon a demonstration of compliance with planned variation program requirements. (3) The department shall include in its annual report to the Legislature submitted pursuant to Sections 33405 and 52171.6 the number and nature of experimental bilingual and planned variation programs and progress of participating pupils. (4) Nothing contained in this subdivision shall be construed to permit the operation of experimental bilingual and planned variation programs contrary to the purposes or intent of this article and other state or federal statutes and regulations promulgated for and on behalf of pupils of limited English proficiency. The primary goal of all programs shall be to teach the pupil English. (d) “Secondary level language development program” is a program in grades 7 to 12 that provides a prescriptive English language program that systematically develops a pupil’s listening and speaking skills, knowledge of linguistic and grammatical structure leading to proficiency in reading and writing English. The prescriptive English language program shall be based on the diagnosis of a pupil’s language skills pursuant to Sections 52164 and 52164.1 and shall be conducted as an integral instructional program of English curriculum for not less than one full period a day or its equivalent for the purpose of providing pupils with minimum English language competencies pursuant to subdivision (e). The primary goal of the programs shall be to teach pupils the English language. In addition to the prescriptive English language program required by this subdivision, a secondary level language development program shall provide primary language instructional support to sustain academic achievement in nonelective content subject areas required for high school graduation consistent with current law. Instruction in a secondary level language development program shall be provided either by a language development specialist, or by a certified bilingual-crosscultural teacher, who has received the recommendation of the local superintendent of schools verifying in writing that the teacher is competent and qualified to teach an English-as-a-second-language component, as measured by the district’s personnel evaluation system. School districts offering an instructional program pursuant to this subdivision shall not be required to provide a secondary level individual learning program, as defined in subdivision (e), but shall be required to maintain records documenting all parental notices and of the continuing evaluation of pupil needs and services. A school district may make a secondary level language development program available to pupils enrolled in grade 6 whenever that grade is maintained by the district in a middle school comprised of any of grades 6, 7, 8, or 9. (e) “Secondary level individual learning program” is an individualized systematic program of instruction that meets the needs of limited-English-proficient pupils and builds upon their language skills in order to develop proficiency in English. This program shall be offered in a manner consistent with the United States Supreme Court decision in Lau v. Nichols (414 U.S. 563), the Equal Education Opportunities Act of 1974 (20 U.S.C. Sec. 1701 et seq.) and federal regulations promulgated pursuant to those court decisions and federal statutes. The primary goal of the programs shall be to teach the pupil English. (f) “Elementary level individual learning program” is any program of instruction for a pupil of limited English proficiency in which any one of the three program options described in subdivision (a), (b), or (c) is individualized to meet the needs of the pupil of limited English proficiency and is offered in a manner consistent with the requirements of this article. Instruction shall be offered in a manner consistent with the United States Supreme Court decision in Lau v. Nichols (414 U.S. 563), the Equal Educational Opportunities Act of 1974 (20 U.S.C. Sec. 1701 et seq.), and federal regulations promulgated pursuant to those court decisions and federal statutes. The primary goal of the programs shall be to teach the pupil English. (g) “Primary language” is a language other than English that is the language the pupil first learned or the language that is spoken in the pupil’s home. (h) “Bilingual-crosscultural teacher” means a person who (1) holds a valid, regular California teaching credential and (2) holds either a bilingual-crosscultural certificate of proficiency or other credential in bilingual education authorized by the Commission on Teacher Credentialing or a bilingual-crosscultural specialist credential. The person shall be fluent in the primary language and familiar with the cultural heritage of limited-English-proficiency pupils in the bilingual classes he or she conducts. The person shall have a professional demonstrated working knowledge of the methodologies that are necessary to effectively educate those pupils. (i) “Bilingual-crosscultural teacher aide” means an aide fluent in both English and the primary language of the pupil or pupils of limited English proficiency in a bilingual-bicultural program. The aide shall be familiar with the cultural heritage of pupils of limited English proficiency in the bilingual classes to which he or she is assigned. (j) “State board” means the State Board of Education. (k) “Superintendent” means the Superintendent of Public Instruction. (l) “Basic skills” means language arts, including, but not limited to, reading and writing, and mathematics. (m) “Pupils of limited English proficiency” are pupils who do not have the clearly developed English language skills of comprehension, speaking, reading, and writing necessary to receive instruction only in English at a level substantially equivalent to pupils of the same age or grade whose primary language is English. The determination of which pupils are pupils of limited English proficiency shall be made in accordance with the procedures specified in Sections 52164 and 52164.1. Pupils who have no proficiency in their primary language are not included within this definition. (n) “Pupils of fluent English proficiency” are pupils whose English proficiency is comparable to that of the majority of pupils, of the same age or grade, whose primary language is English. (o) “Department” means the State Department of Education. (Amended by Stats. 2009, Ch. 53, Sec. 17. (SB 512) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52163.5. Source version: id_d82cc2c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Each of the program options defined in subdivision (a), (b), (c), (d), (e), or (f) of Section 52163 shall include structured activities which promote the pupil’s positive self-image and crosscultural understanding. The Legislature recognizes that language development is a continuum and that pupils in the same classroom may have varying levels of English and primary language skills. The individualized instruction for each pupil, pursuant to all of the program options, shall be based on a continuing evaluation of the pupil’s progress by the classroom teacher, and by others, as appropriate. An English development component is required for all participating pupils. Pupils with greater strength in their primary language shall receive instruction in academic subjects through the primary language as long as such instruction is needed to sustain academic achievement. As pupils develop the skills which allow them to learn more effectively in English, more of their instruction shall be through the English language. A primary language component shall be provided as specified in subdivision (a), (b), (c), (d), (e), or (f) of Section 52163, but shall be less extensive as the pupil progresses into English. (Added by Stats. 1980, Ch. 1339, Sec. 8. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52163.6. Source version: id_d82cc2c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. The Legislature recognizes that for many languages there is a shortage of primary language textbooks, curriculum, teacher training programs, and bilingual personnel. The requirement for reading in the primary language may be waived by the board if the district documents the lack of available materials, personnel, and training programs. The department shall maintain a list of available curriculum materials and teacher training programs in all appropriate languages, to verify the waiver requests. The waiver is renewable yearly. Each waiver request shall be signed by the chairperson of the district bilingual committee. The waiver does not eliminate the requirement for primary oral language development. (Added by Stats. 1980, Ch. 1339, Sec. 9. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52164. Source version: id_d82cc2cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Each school district shall ascertain not later than the first day of March of each year, under regulations prescribed by the State Board of Education, the total number of pupils of limited English proficiency within the district, and shall classify them according to their primary language, age, and grade level. This count shall be known as the “census of pupils of limited English proficiency” and shall consist of a determination of the primary language of each pupil enrolled in the school district and an assessment of the language skills of all pupils whose primary language is other than English. The census shall be taken by individual, actual count, and not by estimates or samplings. All pupils of limited English proficiency, including migrant and special education pupils, shall be counted. Special language assessment instruments, designated by the superintendent and in compliance with the requirements of subdivision (j) of Section 56001, may be used for special education pupils. The results of this census shall be reported to the Department of Education not later than the 30th day of April of each year. The previous census shall be updated to include new enrollees and to eliminate pupils who are no longer pupils of limited English proficiency and pupils who no longer attend school in the district, and shall be reported pursuant to Section 52164.1. Census data gathered in one school year shall be used to plan the number of bilingual classrooms to be established in the following school year. (Amended by Stats. 1980, Ch. 1339, Sec. 10. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52164.1. Source version: id_d82e496d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. The superintendent, with the approval of the State Board of Education, shall prescribe census-taking methods, applicable to all school districts in the state, which shall include, but need not be limited to, the following: (a) A determination of the primary language of each pupil enrolled in the school district. The primary language of new pupils shall be determined as they enroll. Once determined, the primary language need not be redetermined unless the parent or guardian claims there is an error. Home language determinations are required only once, unless the results are disputed by a parent or guardian. (b) An assessment of the language skills of all pupils whose primary language is other than English. All the skills listed in subdivision (m) of Section 52163 shall be assessed, except that reading and writing skills need not be assessed for pupils in kindergarten and grades 1 and 2. For those pupils who, on the basis of oral language proficiency alone, are clearly limited English proficient, assessment of reading and writing skills shall be necessary only to the extent required by subdivision (c). This assessment, which shall be made as pupils enroll in the district, shall determine whether such pupils are fluent in English or are of limited English proficiency. (c) For those pupils identified as being of limited English proficiency, a further assessment shall be made to determine the pupil’s primary language proficiency, including speaking, comprehension, reading, and writing, to the extent assessment instruments are available. Parallel forms of the instruments used to determine English proficiency shall be used, if available. The results of the parallel assessment shall determine the extent and sequence in which English and the primary language will be used in the instruction of basic skills. A diagnostic assessment in the language designated for basic skills instruction measuring speaking, comprehension, reading, and writing, shall be administered for instructional use at the district level. Such diagnostic assessment shall be updated as necessary to provide a curriculum meeting the individual needs of each pupil of limited English proficiency. If the assessment conducted pursuant to this subdivision indicates that the pupil has no proficiency in the primary language, further assessment of the pupil’s primary language skills including consultation with the pupil’s parents or guardians, the classroom teacher, the pupil, or others who are familiar with the pupil’s language ability in various environments shall be conducted. If this detailed assessment indicates that the pupil has no proficiency in his or her primary language, then the pupil is not entitled to the protection of this article. The diagnostic assessment process shall be completed within 90 days after the date of the pupil’s initial enrollment and shall be performed in accordance with rules and regulations adopted by the board. The parent or guardian of the pupil shall be notified of the results of the assessment. The Department of Education shall conduct an equivalency study of all language proficiency tests designated for the identification of pupils of limited English proficiency to insure uniformity of language classifications and to insure the reliability and validity of such tests. Tests, materials, and procedures to determine proficiency shall be selected to meet psychometric standards and administered so as not to be racially, culturally, or sexually discriminatory. The Department of Education shall annually evaluate the adequacy of and designate the instruments to be used by school districts, and such instruments shall be available by March 15 of each year. The assessments shall be conducted by persons who speak and understand English and the primary language of the pupils assessed, who are adequately trained and prepared to evaluate cultural and ethnic factors, and who shall follow procedures formulated by the superintendent to determine which pupils are pupils of limited English proficiency, as defined in subdivision (m) of Section 52163. A school district may require that the assessment be conducted by persons who hold a valid, regular California teaching credential and who meet the other qualifications specified in this paragraph. The superintendent may waive the requirement that the assessment be conducted by persons who can speak and understand the pupil’s primary language where the primary language is spoken by a small number of pupils and the district certifies that it is unable to comply. This certification shall be accompanied by a statement from the district superintendent that the chairperson of the district advisory committee on bilingual education has been consulted and was unable to assist in the effort to locate appropriate individuals to administer the assessment. Any district may elect to follow federal census requirements provided that the language skills described in subdivision (m) of Section 52163 are assessed, and provided that such procedures are consistent with Section 52164, the district shall be exempt from the state census procedures described in subdivisions (a) and (b). (Amended by Stats. 1980, Ch. 1339, Sec. 11. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52164.2. Source version: id_d82e496f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. The Department of Education shall review the results of the census each year. Where the information provided by a school district appears to be inaccurate or where parents, teachers, or counselors file a formal written complaint that the census is inaccurate, the department shall audit the district’s census. Where the department concludes that the census has been incorrectly taken, or the results appear to be inaccurate, the department shall require another census to be taken and the corrected information to be provided. (Amended by Stats. 1980, Ch. 1339, Sec. 12. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52164.3. Source version: id_d82e4971-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. (a) Each school district shall reassess pupils whose primary language is other than English, whether they are designated as limited English proficient, or fluent English proficient, when a parent or guardian, teacher, or school site administrator claims that there is a reasonable doubt about the accuracy of the pupil’s designation. (b) In all cases of reassessment, the parent or guardian of the pupil shall be notified of the result. This notice shall be given orally when school personnel have reason to think that a written notice will not be understood. (Amended by Stats. 1980, Ch. 1339, Sec. 13. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52164.4. Source version: id_d82e4973-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. If a previously untested pupil enrolling in a school for the first time speaks a language other than English in the home, such pupil shall be enrolled as a pupil of limited English proficiency in a bilingual program pursuant to subdivision (a), (b), (c), (e), or (f) of Section 52163 at least until that child has been assessed pursuant to Section 52164. (Amended by Stats. 1980, Ch. 1339, Sec. 14. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52164.5. Source version: id_d82e4975-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Pertinent information from the assessment of language skills for each pupil whose primary language is other than English shall be retained by the school district as long as the pupil is enrolled in the district. Each school district shall report annually to the Department of Education, and the department shall report to the State Board of Education, the number of pupils (1) whose primary language is other than English; (2) who are of limited English proficiency; (3) whose primary language is other than English who are enrolled in classes defined in subdivision (a), (b), (c), (d), (e) or (f) of Section 52163; (4) the number of such pupils who have become bilingual and literate in English and in their primary language, as appropriate; and (5) the number of such pupils who have met the language reclassification criteria for exit criteria pursuant to Section 52164.6. (Amended by Stats. 1980, Ch. 1339, Sec. 15. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52164.6. Source version: id_d82fd017-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Reclassification criteria shall be established by each school district in which pupils of limited English proficiency are enrolled. The criteria shall determine when pupils of limited English proficiency have developed the English language skills necessary to succeed in an English-only classroom. The reclassification process shall, at a minimum, utilize multiple criteria, including, but not limited to, all of the following: (a) Teacher evaluation, including a review of the pupil’s curriculum mastery. (b) Objective assessment of language proficiency and reading and writing skills. (c) Parental opinion and consultation. (d) An empirically established range of performance in basic skills, based on nonminority English-proficient pupils of the same grade and age, which demonstrates that the pupil is sufficiently proficient in English to succeed in an English-only classroom. The board shall adopt regulations setting forth standards for language reclassification criteria to be adopted by school districts. The board’s regulations shall, at a minimum, prescribe a reclassification process that utilizes multiple criteria as required by this section. Each school district shall, in following the board’s regulations establish criteria for determining when pupils of limited English proficiency enrolled in programs defined in Section 52163 have developed the English language skills of comprehension, speaking, reading, and writing necessary to succeed in an English-only instructional setting. (Amended by Stats. 1994, Ch. 922, Sec. 123. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52165. Source version: id_faf66cc0-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Each pupil of limited English proficiency enrolled in the California public school system in kindergarten and grades 1 to 12, inclusive, shall receive instruction in a language understandable to the pupil that recognizes the pupil’s primary language and teaches the pupil English. (a) In kindergarten and grades 1 to 6, inclusive, the following shall apply: (1) If the language census indicates that any school of a school district has 10 or more pupils of limited English proficiency with the same primary language in the same grade level or 10 or more pupils of limited English proficiency with the same primary language, in the same age group, and in a multigrade or ungraded instructional environment, the school district shall offer instruction pursuant to subdivision (a), (b), or (c) of Section 52163 for those pupils at the school. If there are pupils of limited English proficiency with different primary languages who do not otherwise satisfy the program requirements of subdivision (a), (b), or (c) of Section 52163 or of this subdivision, a language development specialist defined in subdivision (b) may be used. (2) To the extent state or federal categorical funds are available, the services, as described in this paragraph, are required for pupils of limited English proficiency in concentrations of fewer than 10 per grade level. If there are fewer than 10 pupils of limited English proficiency in the same grade, but at least 20 pupils of limited English proficiency in the school with the same primary language, the school district shall provide at least one certified bilingual-crosscultural teacher or teachers on waiver as defined in Section 52178 and an elementary level individual learning program as defined in subdivision (f) of Section 52163 for those pupils at the school. If the number of pupils of limited English proficiency in the school exceeds 45, the district shall provide two of those teachers. These teachers may be used as resource teachers or team teachers or to provide any other services to pupils of limited English proficiency as the district deems appropriate. These teachers shall be different teachers than those required pursuant to paragraph (1). (b) The Legislature recognizes that in the past equal educational opportunities have not been fully available to secondary pupils of limited English proficiency. It is the intent of the Legislature to encourage school districts to offer a language learning program pursuant to subdivision (d) of Section 52163. Certified bilingual-crosscultural teachers or, if those teachers are not available, language development specialists assisted by a bilingual aide shall be qualified to provide instruction for those programs. Language development specialists shall be formally trained and competent in the field of English language learning, including second language acquisition and development, structure of modern English, and basic principles of linguistics, and shall meet the culture and methodology competencies established by subdivisions (b) and (c) of Section 44253.5. The Commission on Teacher Credentialing shall provide for the assessment of language competencies specified in this section and shall modify existing culture and methodology competency for language development specialist to ensure that they meet the crosscultural and instructional methodologies for pupils being served by those teachers. A teacher of English to speakers of other languages certificate from a commission-approved teacher training institution of higher education that meets the criteria established by the commission pursuant to Section 44253.5 shall be accepted instead of the methodology requirement. (c) In kindergarten and grades 1 to 12, inclusive, pupils of limited English proficiency who are not enrolled in a program described in subdivision (a), (b), (c), or (d) of Section 52163 shall be individually evaluated and shall receive educational services defined in subdivision (e) or (f), as appropriate, of Section 52163. These services shall be provided in consultation with the pupil and the parent, parents, or guardian of the pupil. (d) As a part of its consolidated application for categorical program funds, each district receiving those funds shall include a specific plan indicating the ways in which the individual learning plans will meet the needs of pupils of limited English proficiency. The plan shall describe all of the following: (1) Procedures used in making the individual evaluation. (2) The pupils’ levels of English and primary language proficiency and levels of educational performance. (3) Instructional objectives and scope of educational services to be provided. (4) Periodic evaluation procedures, using objective criteria, to determine whether the instructional objectives are being met. (Amended by Stats. 2010, Ch. 328, Sec. 47. (SB 1330) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52166. Source version: id_d82fd01b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. All teachers and aides providing instruction in programs established pursuant to subdivision (a), (b), or, unless waived by the board, (c) of Section 52163, shall meet the criteria of subdivision (h) or (i) of Section 52163. In the event a school operates an individualized program described in subdivision (e) or (f) of Section 52163, such a district which receives categorical aid funds to meet the needs of pupils of limited English proficiency shall certify to the board that sufficient teachers and aides meeting the criteria of subdivision (h) or (i) of Section 52163, as appropriate, are available to the school to ensure that all pupils of limited English proficiency have instructional opportunities in both English and their primary language to meet the intent of this chapter. Other instructional personnel who are not bilingual-crosscultural as defined in subdivisions (h) and (i) of Section 52163 may provide instructional and educational services to pupils enrolled in programs established pursuant to subdivision (a), (b), or (c) of Section 52163 if the principal teachers and aides providing instruction in such programs meet the criteria established in subdivisions (h), unless waived by the board pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 52163, and (i) of Section 52163. In the development of teacher evaluation procedures pursuant to Article 11 (commencing with Section 44660) of Chapter 1 of Part 25, the governing board of each school district may ensure that a teacher meeting the criteria of subdivision (h) of Section 52163 is evaluated on the basis of his or her classroom performance by an onsite administrator upon the advice of another person meeting the criteria of subdivision (h) of Section 52163. (Amended by Stats. 1980, Ch. 1339, Sec. 18. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52167. Source version: id_ca9f5565-fce5-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. (a) (1) Except as provided in subdivision (b), in classes established pursuant to subdivision (a), (b), or (c) of Section 52165, not more than two-thirds nor less than one-third of the pupils shall be pupils of limited English proficiency. The remaining proportion of pupils in the class shall be pupils of fluent English proficiency. However, where there is documented evidence that these proportions cannot be met, the classroom proportions shall, at a minimum, reflect the proportion of the language proficiency classification for the particular grade level in the school and shall not result in segregation. Fluent-English-proficient pupils shall receive basic skills instruction in English and, to the extent possible, be achieving at the district norm. (2) In no event shall the primary purpose of the program be to teach a world language to English-speaking pupils. (3) The state board shall adopt any necessary regulations governing this section within 90 days after January 1, 1981. (b) The classroom proportion specified in subdivision (a) may be modified for the purpose of providing effective instruction for all pupils in core academic subjects. Pupils of limited English proficiency participating in programs established pursuant to subdivision (a), (b), or (c) of Section 52165 shall receive instruction for at least 20 percent of the schoolday in classes in which the proportions specified in subdivision (a) are met, and shall receive instruction in classes with pupils of fluent English proficiency for an increased portion of the schoolday, as their English language skills increase. (Amended by Stats. 2018, Ch. 865, Sec. 25. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52168. Source version: id_d82fd01f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. (a) The superintendent shall ensure that funds appropriated for purposes of this article supplement and do not supplant categorical funds allocated from other local or state sources in meeting the needs of pupils of limited English proficiency. Categorical aid funds used for the purposes of Section 52165 shall not exceed, on a per pupil basis, the maximum allowance established pursuant to subdivision (b) of Section 54004.5 and regulations implementing that section. Categorical funds used for the purposes of Section 52165 shall include all state and local categorical aid funds which are wholly or partially allocated on the basis of the educational needs of limited-English-proficient pupils. (b) School districts may claim funds appropriated for purposes of this article for expenditures in, but not limited to, the following categories: (1) The employment of bilingual-crosscultural teachers and aides; however, funds are available for employment expenditures only to the extent such personnel are employed in providing bilingual services to eligible pupils. School districts applying for these funds shall submit an assurance that personnel hired for this program only supplement and do not supplant district personnel whose positions are funded by the district general fund. (2) The purchase and development of special bilingual-bicultural teaching materials. (3) The costs of special in-service training to develop bilingual-crosscultural instructional skills with preference given to teachers and teacher aides employed as part of the bilingual-bicultural program. (4) Reasonable expenses (which may include transportation, child care, translation services, meals, and training) of parent advisory groups on bilingual-bicultural education, at the school and school district level, in the course of their duties as members of the parent advisory groups. The State Board of Education shall adopt rules and regulations defining reasonable expenses. (5) Health and auxiliary services to the extent that they meet the direct needs of eligible pupils. (6) Reasonable district administrative expenses including, but not limited to, costs incurred for the census of pupils of limited English proficiency pursuant to subdivision (a) of Section 52164.1, assessments pursuant to subdivisions (b) and (c) of Section 52164.1, and parent consultation pursuant to subdivision (a) of Section 52173 allowed pursuant to regulations of the board. (c) Nothing contained in this section shall be interpreted to authorize school districts to reduce per pupil expenditures from local, state, or federal sources for the education of pupils of limited English proficiency. (Amended by Stats. 1980, Ch. 1339, Sec. 20. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52169. Source version: id_d83156c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. (a) The requirements for establishing programs mandated pursuant to subdivision (b) of Section 52165 shall be in effect beginning with the 1977–78 school year. (b) Nothing contained in this section shall be interpreted to authorize school districts to reduce per pupil expenditures from local, state, or federal sources for the education of limited-English-speaking pupils. (Amended by Stats. 1994, Ch. 922, Sec. 124. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52170. Source version: id_d83156c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. (a) Each school which has enrolled one or more pupils of limited English proficiency shall prepare a plan to meet the needs of pupils of limited English proficiency in attendance in the school. (1) Only those schools with 10 or more pupils with the same primary language in a grade level or 20 or more such pupils in the school and which receive consolidated application funding shall submit such plans to the superintendent. (2) Schools with less than 10 pupils of limited English proficiency receiving consolidated application funding as well as schools with 10 or more pupils of limited English proficiency not receiving such funding shall develop and retain their plan to meet such pupils’ needs. Such plan shall be available to the superintendent and the public upon request. (b) Schools required to submit plans shall prepare an application on forms provided by the Department of Education. Such application shall meet the applicable criteria of the consolidated application regulations and shall include, in addition, all of the following components: (1) Teacher and aide preservice training which will identify and improve knowledge levels of each teacher and aide in teaching methodology, bilingual-crosscultural philosophy, and education. (2) An in-service training program for teachers and aides that is linked with an institution of higher education, to the maximum extent feasible, which shall include the establishment of a liaison with a nearby institution of higher education and the solicitation of help from such institution in order to upgrade continually the bilingual-crosscultural education program. (3) An assurance that all bilingual-crosscultural aides are provided the opportunity to enroll in a career ladder program leading toward a single- or multiple-subject teaching credential and a certificate of competence in bilingual-crosscultural education. (c) The district’s application to the Department of Education shall include all of the individual school applications. (Repealed and added by Stats. 1980, Ch. 1339, Sec. 23. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52171. Source version: id_d83156c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Each district shall submit annually to the department an evaluation of pupil progress for every program that has been approved pursuant to this article in a form and manner prescribed by the superintendent. (Amended by Stats. 1994, Ch. 922, Sec. 125. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52172. Source version: id_d8330479-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Teachers and teacher aides who are not bilingual-crosscultural teachers and aides, as defined by subdivisions (h) and (i) of Section 52163, shall not be permitted to teach in programs authorized pursuant to subdivision (a), (b), or, unless waived by the board, (c) of Section 52163, except as provided in Sections 52166 and 52178, or except as staffing requirements are waived by the board pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 52163. It is the intent of the Legislature that the provisions of Section 44955 shall apply to this section. However, in no case shall a school district dismiss a fully certificated teacher, who previously taught in the bilingual-bicultural program pursuant to a waiver granted under Section 52178, solely on the basis that such waiver has expired. Even if such person is unable to qualify for a bilingual credential or a bilingual-crosscultural certificate of competence, he or she shall retain his or her status, seniority, and rights as a probationary or permanent employee, as the case may be, for the purpose of serving as a monolingual teacher in other programs offered by the school district. (Amended by Stats. 1980, Ch. 1339, Sec. 27. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52173. Source version: id_d833047b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. (a) Prior to the enrollment of any pupils in any program authorized pursuant to subdivision (a), (b), (c), or (d) of Section 52163, parents or guardians of pupils of all potential participants shall be provided the opportunity for consultation about the placement of their child or ward in such a program. To achieve this purpose, the governing board of the school district in which the pupil resides shall notify by mail or in person the parent, parents, or guardian of the pupil of the fact that their child or ward will be enrolled in a program of bilingual education. The notice shall: (1) contain a simple, nontechnical description of the purposes, method, and content of the program in which their child or ward will be enrolled; (2) inform the parent, parents, or guardian that the parent, parents, or guardian have the right and are encouraged to visit such classes in which their child or ward will be enrolled and to come to the school for a conference to explain the nature and objectives of such education; (3) further inform the parent, parents, or guardian that they have the right, if they so wish, not to have their child or ward enrolled in such an education program; (4) inform the parent, parents, or guardian that they have the opportunity to participate in the school or school district advisory committee, or both. The written notice shall be in English and in the primary language of the pupil. (b) Any parent or guardian whose child or ward has been or will be enrolled in programs authorized pursuant to subdivision (a), (b), (c), or (d) of Section 52163 shall have the right, either at the time of the original notification of enrollment or at the close of any semester thereafter, to withdraw his or her child or ward from the program, by written notice to the principal of the school in which his or her child or ward is enrolled. (Amended by Stats. 1980, Ch. 1339, Sec. 28. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52174. Source version: id_d8348b1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Nothing in this article shall preclude the participation by an individual school district in a consortium or a cooperative in order to provide support and contract services to school districts that receive funds for the purposes of this article. (Repealed and added by Stats. 1980, Ch. 1339, Sec. 30. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52175. Source version: id_d8348b1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. A school district governing board may allow a nonresident pupil of limited English proficiency to enroll in or attend its program authorized pursuant to subdivision (a), (b), (c), or (d) of Section 52163 subject to Chapter 5 (commencing with Section 46600) of Part 26, if the tuition of the child is paid by the school district in which the pupil resides. (Amended by Stats. 1980, Ch. 1339, Sec. 31. Operative July 1, 1981, by Sec. 39 of Ch. 1339.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52176. Source version: id_d8348b21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. (a) Each school district with more than 50 pupils of limited English proficiency shall establish a districtwide advisory committee on bilingual education. Parents or guardians, or both, of pupils of limited English proficiency who are not employed by the district shall constitute a majority of the committee, unless the district designates for this purpose an existing districtwide advisory committee on which parents or guardians, or both, of pupils of limited English proficiency have membership in at least the same percentage as their children and wards represent of the total number of pupils in the district, provided that a subcommittee on bilingual-bicultural education on which parents or guardians, or both, of pupils of limited English proficiency constitute a majority is established. The district advisory committee and subcommittee, if applicable, shall be responsible for at least six specific tasks. These tasks shall be to advise the district governing board regarding all of the following: (1) Establishment of a timetable for development of a district master plan for bilingual education. (2) Districtwide needs assessment on a school-by-school basis. (3) Establishment of district program goals and objectives in bilingual education. (4) A plan to ensure district compliance with the provisions of Section 52178. (5) Administration of the annual language census. (b) Each school with more than 20 pupils of limited English proficiency shall establish a school level advisory committee on which parents or guardians, or both, of such pupils constitute membership in at least the same percentage as their children and wards represent of the total number of pupils in the school. The school may designate for this purpose an existing school level advisory committee, or subcommittee of such an advisory committee, if the advisory committee, or subcommittee where appropriate, meets the criteria stated above. (c) Each school advisory committee maintained pursuant to this section shall be responsible for advising the principal and staff in the development of a detailed master plan for bilingual education for the individual school and submitting the plan to the governing board for consideration for inclusion in the district master plan. It shall also be responsible for assisting in the development of the school needs assessment, language census, and ways to make parents aware of the importance of regular school attendance. The Department of Education shall develop guidelines for the selection of advisory committees established or maintained pursuant to this section by May 1, 1981. (Amended by Stats. 1980, Ch. 1339, Sec. 32.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52177. Source version: id_d83611c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. Out of funds appropriated for these purposes, the superintendent shall administer this article. The responsibilities of the superintendent in administering this article shall include, but are not limited to, ensuring all of the following: (a) Sufficient bilingual personnel are available within the department with familiarity, competency, and proficiency in bilingual-crosscultural instruction to meet the needs of this article and to administer, review, monitor, and evaluate the use of state or federal categorical aid funds allocated to local districts which have been wholly or partially allocated on the basis of the educational needs of pupils of limited-English proficiency. (b) Department personnel responsible for the administration, review, monitoring, or evaluation of programs operating pursuant to this article have been sufficiently trained to carry out the intent of this article to meet the needs of the pupil of limited-English proficiency. (c) There is within the department an administrative unit responsible for bilingual-bicultural educational programs and policies through which the superintendent shall carry out his or her functions pursuant to this article. (d) Districts are providing each pupil of limited-English proficiency with an educational opportunity equal to that available to English-speaking pupils; they are making appropriate use of local and state general funds to provide bilingual-crosscultural teachers and other required services; and an annual report is made to the Legislature regarding the extent to which this article has been implemented by school districts throughout the state. All districts in which pupils of limited-English proficiency are enrolled shall be reviewed through an onsite technical assistance, monitoring, and enforcement process at least once every three years. (Amended by Stats. 2001, Ch. 750, Sec. 14. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 3. Bilingual-Bicultural Education Act of 1976 [52160 - 52178] SECTION 52178. Source version: id_d83611c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=3. All principal teachers providing instruction in programs defined by subdivision (a), (b), or, unless waived by the board, (c), and insofar as teachers are available, (d) of Section 52163 shall be bilingual-crosscultural teachers as defined pursuant to subdivision (h) of Section 52163, or shall be bilingual in English and the primary language of the pupils of limited-English proficiency in the bilingual class and hold an internship credential or an emergency bilingual-crosscultural credential. In recognition of the shortage of qualified bilingual-crosscultural teachers, a school district may request a renewable two-year waiver from the board for each teacher who is not bilingual-crosscultural but who is enrolled and participating in a program leading to a bilingual specialist credential or a certificate of competence for bilingual-crosscultural instruction pursuant to Section 44253.5. Such a teacher, with the assistance of a bilingual-crosscultural aide, may teach in a program of bilingual instruction mandated by Section 52165 for not more than four school years, except as otherwise provided by this section, commencing with the first year that the teacher was under waiver, so long as continuing progress toward the certificate of competence is indicated in accordance with this section. Each school district which requests waivers shall file its application for such a waiver with the State Board of Education on or before October 1 of the appropriate year, and shall give assurance that all teachers receiving such a waiver are, or will be, participating in, and fulfilling the requirements of, an appropriate program, as specified in this section, leading to a bilingual specialist credential or a certificate of competence for bilingual-crosscultural instruction pursuant to Section 44253.5 during each of the school years for which the waiver is granted, and shall state who is in charge of the program and which institution or district is conducting it. Existing state and federal staff development funds may be used for training and assessment leading to a bilingual specialist credential or a bilingual-crosscultural certificate of competence. The district shall further assure that all teachers receiving such a waiver have been notified in writing by the school board as to their obligations while under waiver. The waiver application shall list the names of the teachers who are to receive the waiver, the school to which they are assigned, and the date by which the teacher is expected to obtain a bilingual specialist credential or the certificate of competence. Each district, whether or not it requests a waiver, shall report the number of classrooms for which a bilingual teacher is required pursuant to Section 52165, the total number of certificated bilingual-crosscultural teachers employed by the district in classroom positions, and, in the event the district requests a waiver, the total number of teachers for whom a waiver is being requested. If a district hires new teachers, no waiver shall be granted unless the board finds that the district made a good faith effort to contact, recruit, and hire bilingual-crosscultural teachers. It is not the intent of the Legislature, by amending this section in the 1979–80 Regular Legislative Session, to expand the requirements for the certificate of bilingual-crosscultural competence. For purposes of this section, programs for the study of language, culture, and methodology offered by accredited postsecondary institutions shall be approved and regulated by the Commission on Teacher Credentialing. Courses for the study of language, culture, and methodology established by the State Department of Education pursuant to Article 4 (commencing with Section 52180) of Chapter 7 of Part 28 shall be approved by the State Department of Education and shall be deemed appropriate. All other courses for the study of language, culture, or methodology offered for bilingual teachers on waiver shall meet the standards and criteria published by the State Department of Education. The department shall adopt standards and criteria for training programs in language, culture, and methodology for teachers on waiver lacking competencies in those areas. District applications for initial waivers to commence on or after July 1, 1984, and applications for two-year renewals, shall include certification by the district that the applicant is enrolled in or will be enrolled in an approved language, culture, or methodology course or a course for the study of language, culture, or methodology that meets the standards and criteria adopted by the State Department of Education, and certification by the employing school district or education agency that the applicant teacher is making the following progress toward meeting the requirements for the bilingual-crosscultural certificate of competence: (a) For the teacher who is just entering the bilingual program: no requirement. (b) For the teacher beginning his or her second year on waiver: (1) competence in language, culture, or methodology, as required by subdivision (a), (b), or (c) of Section 44253.5, and (2), for the teacher who is not competent in language, enrollment in a program for the study of language which is approved by the Commission on Teacher Credentialing or enrollment in a course for the study of language which is established or approved by the State Department of Education, or a program which meets the standards and criteria prescribed by the department under this section. (c) For the teacher beginning his or her third year on waiver: (1) competence in language as required by subdivision (a) of Section 44253.5, or (2) continued enrollment in a program for the study of language which is approved by the Commission on Teacher Credentialing or continued enrollment in a course for the study of language which is established and approved by the State Department of Education, or a program which meets the standards and criteria prescribed by the department under this section. (d) For the teacher beginning his or her fourth year on waiver: (1) competence in two of the three areas required by Section 44253.5 and (2), for the teacher who is not competent in language, continued enrollment in a program for the study of language which is approved by the Commission on Teacher Credentialing or continued enrollment in a course for the study of language which is established and approved by the State Department of Education, or a program which meets the standards and criteria prescribed by the department under this section. (Amended by Stats. 1984, Ch. 1204, Sec. 1. Effective September 17, 1984.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 4. Bilingual Teacher Training Assistance Program [52180 - 52186] SECTION 52180. Source version: id_d8379869-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=4. It is the intent of the Legislature that school districts, county offices of education and institutions of higher education, with the assistance of the State Department of Education, shall continue to provide training for teachers under bilingual teacher waivers. (Added by Stats. 1981, Ch. 1169, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 4. Bilingual Teacher Training Assistance Program [52180 - 52186] SECTION 52181. Source version: id_d837986b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=4. The State Bilingual Teacher Training Assistance Program is hereby established for teachers who are granted waivers under Section 52178 and who are enrolled and participating in a program leading to a bilingual specialist credential or a certificate of competence for bilingual-crosscultural competence. The program shall be administered by the State Department of Education which shall, in consultation with the Commission on Teacher Credentialing and representatives of bilingual educators from institutions of higher education, county offices of education, and school districts, develop annual and long-range goals and objectives for the program, based upon the reports required under subparagraph (B) of paragraph (2) of subdivision (a) of Section 52171.6 and under Section 52178. (Amended by Stats. 1998, Ch. 485, Sec. 58. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 4. Bilingual Teacher Training Assistance Program [52180 - 52186] SECTION 52182. Source version: id_d837986d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=4. (a) The State Department of Education shall establish minimum standards and criteria for the State Bilingual Teacher Training Assistance Program, and shall conduct appropriate training programs, or provide for training services by allocation to existing state staff development resource centers, county offices of education, public or private four-year institutions of postsecondary education, bilingual programs consortia, or cooperatives formed among two or more of these groups. (b) Allocations for training programs conducted under this article shall be primarily directed toward school districts with high concentrations of pupils of limited-English-proficiency and teachers on waiver under Section 52178. (c) In awarding allocations pursuant to subdivision (a), the department shall adopt evaluative criteria demonstrating the agency’s ability to provide appropriate training services. The adopted criteria shall include, but need not be limited to, all of the following: (1) Demonstrated commitment to bilingual education and bilingual teacher training. (2) Demonstrated capability to fully prepare candidates for bilingual certificates of competence in accordance with the criteria for assessment in language, methodology, and culture. (3) The availability of bilingual education staff with demonstrated experience and knowledge of bilingual education training programs. (4) Demonstrated management and supportive services necessary to efficiently and effectively meet the intent of this article. (5) District matching funds or in-kind matching resources in support of teachers participating in training programs under this article. (d) Agencies maintaining programs for the training of bilingual teachers on waiver shall have their programs approved for a period not to exceed three consecutive years, contingent upon all of the following: (1) The availability of funds. (2) The submission of acceptable plans and modifications thereof. (3) An annual evaluation that demonstrates that participants have made significant progress toward passing competency requirements leading to bilingual teachers certification. Upon the successful completion of a three-year cycle, centers shall be eligible to reapply for continued funding. (Amended by Stats. 1988, Ch. 1461, Sec. 21.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 4. Bilingual Teacher Training Assistance Program [52180 - 52186] SECTION 52183. Source version: id_da27746e-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=4. The department shall establish minimum requirements for teachers who may wish to participate in the program, including, but not limited to, the following requirements: (a) That the teacher is working in a bilingual classroom serving pupils of limited-English-proficiency and is under a bilingual teacher waiver issued pursuant to Section 52178. (b) That the teacher’s waiver application includes a certification by an assessor agency approved by the Commission on Teacher Credentialing issued pursuant to Section 52178. (c) That the teacher is enrolled and participating in a program leading to a bilingual specialist credential or a certificate of competence for bilingual-crosscultural instruction pursuant to Section 44253.5. (d) That the teacher demonstrates the ability and commitment to meet the requirements of the certificate of competence within the time period specified in Section 52178. (Amended by Stats. 2024, Ch. 471, Sec. 25. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 4. Bilingual Teacher Training Assistance Program [52180 - 52186] SECTION 52185. Source version: id_d8391f13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=4. Agencies funded under Section 52182 to provide training services shall report annually to the Superintendent of Public Instruction the information required under Section 52184. (Amended by Stats. 1988, Ch. 1461, Sec. 22.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 4. Bilingual Teacher Training Assistance Program [52180 - 52186] SECTION 52186. Source version: id_d8391f15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=4. The department shall provide ongoing technical assistance and support for districts establishing or continuing bilingual teacher training assistance programs under this article. (Added by Stats. 1981, Ch. 1169, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 5. Bilingual Teacher Professional Development Program [52200 - 52202] SECTION 52200. Source version: id_96c70595-5da2-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=5. This article shall be known, and may be cited, as the Bilingual Teacher Professional Development Program. (Added by Stats. 2017, Ch. 15, Sec. 54. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 5. Bilingual Teacher Professional Development Program [52200 - 52202] SECTION 52201. Source version: id_c612e627-20e9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=5. (a) (1) The purpose of the grant program established under this article is to ensure that California can meet the demand for bilingual teachers necessary for the implementation of dual language and other bilingual education programs as authorized by the California Education for a Global Economy Initiative, approved by the voters as Proposition 58 at the November 8, 2016, statewide general election, and to ensure California is able to meet the demand in preparing bilingual education teachers. (2) The purpose of this grant program shall also be to increase bilingual teachers in multiple languages to staff bilingual classrooms, such as Spanish, Vietnamese, Mandarin, Cantonese, Tagalog, and Arabic classrooms, and other languages, as represented in instructional programs. (b) The Legislature hereby establishes the Bilingual Teacher Professional Development Program for teachers seeking to provide instruction in bilingual and multilingual settings. (Amended by Stats. 2023, Ch. 48, Sec. 81. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 7. Bilingual Education [52160 - 52202] ARTICLE 5. Bilingual Teacher Professional Development Program [52200 - 52202] SECTION 52202. Source version: id_94f4236b-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=7.&article=5. (a) The Bilingual Teacher Professional Development Program shall be administered by the department in consultation with the Commission on Teacher Credentialing. The department shall issue grants to applicants through a competitive process. (b) (1) The department shall allocate grant funding to eligible local educational agencies, including county offices of education, school districts, charter schools, or a consortia of local educational agencies for purposes of providing professional development services to teachers or paraprofessionals who satisfy the requirements of subdivision (c). Grant recipients may partner with community colleges, public or private four-year institutions of postsecondary education, and professional organizations or nonprofit organizations with English learner expertise. (2) The department shall issue a minimum of five grants under the program. (c) (1) A teacher shall be eligible for professional development services pursuant to subdivision (b) if the teacher possesses a teaching credential or an education specialist credential authorizing the holder to teach pupils with exceptional needs, and does either of the following: (A) Possesses an authorization to provide instruction to English learners pursuant to Section 44253.3, 44253.4, or 44253.7, and has provided instruction solely in English-only classrooms for three years or more. (B) Is fluent in a language other than English, and seeks an authorization pursuant to Section 44253.3, 44253.4, or 44253.7 to provide instruction to English learners. (2) A school paraprofessional employee shall be eligible for professional development services if the employee is fluent in a language other than English, seeks to work with English learners or in a bilingual program, and intends to enter a pathway to become a credentialed teacher who holds a bilingual authorization. (3) Notwithstanding paragraph (1), participants who are currently enrolled in, or have completed, the Asian Language Bilingual Teacher Education Program shall be eligible for professional development services. (4) Notwithstanding paragraph (1), participants who are currently enrolled in, or have completed, programs to support bilingual teacher education in languages in the classroom, such as Arabic, Cantonese, Mandarin, Spanish, Tagalog, and Vietnamese, and other languages, as represented in an instructional program, shall be eligible for professional development services. (d) In selecting a grant recipient pursuant to subdivision (b), the department shall ensure that an applicant indicates how it plans to increase the number of teachers who obtain a bilingual authorization as a result of participation in the program and increase the number of teachers with a bilingual authorization who return to teaching in a bilingual or multilingual setting. (e) In awarding funding to eligible applicants pursuant to subdivision (b), the department shall adopt criteria demonstrating an applicant’s ability to provide professional development services. The adopted criteria shall include, but are not limited to, all of the following: (1) Demonstrated commitment to bilingual and multilingual education and bilingual teacher development. (2) Demonstrated capability to fully prepare teachers to obtain bilingual authorizations and to improve or update a teacher’s knowledge and skills relating to biliteracy, English language acquisition, English language development, pupil assessment in English and other languages, and instruction in the components of a high-quality bilingual or multilingual education program. (3) The availability of bilingual education staff with demonstrated experience and knowledge of bilingual and multilingual education for purposes of providing professional development programs. (4) Demonstrated management and support services necessary to efficiently and effectively use funding provided under subdivision (b) to help meet the demand for bilingual teachers. (5) Matching funds, or other in-kind matching resources, offered by the applicant in support of a professional development program funded pursuant to this article. (6) Capacity to conduct an evaluation of a professional development program offered by the applicant for the purpose of identifying areas of strength, areas requiring improvement, and recommendations for making improvement. (f) The department shall ensure grant recipients selected for purposes of this article, to the maximum extent possible, are balanced with regard to geographic regions and urban and rural settings. (g) The department shall meet quarterly with grant recipients to share promising practices and resources, and to resolve issues of implementation. (h) (1) By January 1, 2022, grant recipients awarded funds appropriated pursuant to Section 85 of Chapter 15 of the Statutes of 2017 shall provide a final report to the department on the number of participants who were issued bilingual authorizations, the number of previously authorized teachers who have participated in the program and subsequently returned to bilingual teaching assignments, and the number of teachers who are still working at least 50 percent of the time in a bilingual setting. (2) The project performance period for Bilingual Teacher Professional Development grant funds appropriated pursuant to Section 85 of Chapter 15 of the Statutes of 2017 is January 1, 2018, to June 30, 2021, inclusive. (i) (1) By July 1, 2026, grant recipients awarded funds appropriated pursuant to Section 119 of Chapter 48 of the Statutes of 2023 shall provide a preliminary report, and, by January 1, 2030, a final report, to the department on the number of participants who were issued bilingual authorizations, the number of previously authorized teachers who have participated in the program and subsequently returned to bilingual teaching assignments, and the number of teachers who are still working at least 50 percent of the time in a bilingual setting. (2) The project performance period for Bilingual Teacher Professional Development grant funds appropriated pursuant to Section 119 of Chapter 48 of the Statutes of 2023 is January 1, 2024, to June 30, 2029, inclusive. (Amended by Stats. 2023, Ch. 830, Sec. 1. (AB 1127) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 8.3. Advanced Placement Program [52240 - 52243] SECTION 52240. Source version: id_959ba48b-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=8.3.&article= (a) The Legislature hereby finds and declares all of the following: (1) Advanced placement courses, for which school credit is awarded, provide rigorous academic coursework opportunities for high school pupils and help to improve the overall curriculum at schools where those courses are provided. (2) The successful completion of advanced placement courses and the subsequent advanced placement examinations, which are conducted by the College Entrance Examination Board and for which college credit is awarded, provide a cost-effective means for high school pupils to obtain college-level coursework experience. (3) To the extent economically disadvantaged pupils are provided financial assistance to take advanced placement examinations, they will be provided with successful college-level experience and be encouraged to pursue postsecondary education opportunities. (b) The Superintendent shall annually update the information on advanced placement available on the department’s Internet Web site to include current information on the various means available to school districts to offer or access advanced placement courses, including online courses. The Superintendent shall annually communicate with high schools that offer advanced placement courses in fewer than five subjects, and inform them of the various options for making advanced placement courses and other rigorous courses available to pupils who may benefit from them. (Amended by Stats. 2015, Ch. 538, Sec. 27. (SB 416) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 8.3. Advanced Placement Program [52240 - 52243] SECTION 52242. Source version: id_9ad1b7fd-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=8.3.&article= A school district may help pay for all or part of the costs of one or more advanced placement examinations that are charged to economically disadvantaged pupils. (Amended by Stats. 2015, Ch. 538, Sec. 29. (SB 416) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 8.3. Advanced Placement Program [52240 - 52243] SECTION 52243. Source version: id_3bf5e4dc-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=8.3.&article= On or before February 1, 2025, the department shall request the College Board to provide an alternative testing date at the end of the fall semester for pupils whose advanced placement courses conclude in the fall semester, while maintaining the option for those pupils to take the advanced placement examination for those courses during the spring semester, at the discretion of the pupil. (Added by Stats. 2024, Ch. 885, Sec. 1. (SB 1195) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52300. Source version: id_d85001e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. In enacting this article, it is the intent of the Legislature to provide qualified students with the opportunity to attend a technical school or enroll in a career technical or technical training program, regardless of the geographical location of their residence in a county or region. The Legislature hereby declares that a regional occupational center will serve the state and national interests in providing career technical and technical education to prepare students for an increasingly technological society in which generalized training and skills are insufficient to prepare high school students and graduates, and out-of-school youth and adults for the many employment opportunities which require special or technical training and skills. The Legislature also declares that regional occupational centers will enable a broader curriculum in technical subjects to be offered, and will avoid unnecessary duplication of courses and expensive training equipment, and will provide a flexibility in operation which will facilitate rapid program adjustments and meeting changing training needs as they arise. It is recognized by the Legislature that career technical programs may achieve great flexibility of planning, scope and operation by the conduct of these programs in a variety of physical facilities at various training locations. It is the further intent of the Legislature that regional occupational centers and programs provide career technical and occupational instruction related to the attainment of skills so that trainees are prepared for gainful employment in the area for which training was provided, or are upgraded so they have the higher level skills required because of new and changing technologies or so that they are prepared for enrollment in more advanced training programs. (Amended by Stats. 2000, Ch. 1058, Sec. 46. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52301. Source version: id_84dc821a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) (1) The county superintendent of schools of each county, with the consent of the state board, may establish and maintain, or with one or more counties may establish and maintain, a regional occupational center, or regional occupational program, in the county to provide education and training in career technical courses. The governing boards of any school districts maintaining high schools in the county may, with the consent of the state board and of the county superintendent of schools, cooperate in the establishment and maintenance of a regional occupational center or program, except that if a school district also maintains 500 or more schools, its governing board may establish and maintain one or more regional occupational centers or programs, without those restrictions. A regional occupational center or program may be established by two or more school districts maintaining high schools through the use of the staff and facilities of a community college or community colleges serving the same geographic area as the school districts maintaining the high schools, with the consent of the state board and the county superintendent of schools. (2) The establishment and maintenance of a regional occupational center or program, by two or more school districts may be undertaken pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. In a regional occupational center or program, the functions of the county auditor undertaken pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code shall be performed by the county superintendent of schools in a county in which the board of supervisors has transferred educational functions from the county auditor to the county superintendent of schools pursuant to Sections 42649, as added by Chapter 533 of the Statutes of 1977, and 85265.5. If a school district or school districts establish and maintain a regional occupational center or program, pursuant to this chapter, the county superintendent of schools may, with the consent of the state board, establish and maintain a separate regional occupational center or centers or program or programs. (b) Notwithstanding other provisions of this section, a single school district located in a class 1 county, as defined in Section 1205, and having an average daily attendance of 50,000 or more, or a single school district located in a class 2 county, as defined in Section 1205, and having an average daily attendance of 100,000 or more, may apply to the state board through the county superintendent of schools for permission to establish a regional occupational center or program. Except as provided in subdivision (c), the state board shall, within 90 days of receipt of an application, prescribe a procedure whereby the school district may establish a center or program in accordance with its application and in compliance with the provisions of the State Plan for Career Technical Education. The county superintendent of schools may supervise establishment of the center or program. (c) (1) The state board may disapprove a waiver application submitted by a single school district pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 for permission to establish a regional occupational center or program which does not meet the requirements of this section if the state board determines that the establishment of the center or program would have an adverse effect upon existing regional occupational centers or programs located in school districts which are contiguous to the applicant school district. (2) The state board shall establish criteria to measure adverse effect. The criteria shall include, but not be limited to, hardship on (A) school districts operating regional occupational centers or programs which are contiguous to the applicant school district and (B) students of school districts operating regional occupational centers or programs that are contiguous to the applicant school district. (d) Notwithstanding any other provision of law, any regional occupational center or program operated by a single school district under Section 33050 shall be granted permanent status if the single school district has previously been granted two waivers from the state board to operate a single school district regional occupational center or program and the single school district maintains at least three but not more than five comprehensive high schools within the school district. The revenue limit for a regional occupational center or program established under this subdivision shall be the lower of either: (1) the revenue limit under which the center or program operates as of January 1, 1985, or (2) the revenue limit of the school district as of January 1, 1985, except that this revenue limit shall be subject to annual percentage cost-of-living adjustments provided for regional occupational centers and programs. The governing board of the school district shall retain authority to decide whether or not to operate the regional occupational center or program under this subdivision. (Amended by Stats. 2006, Ch. 572, Sec. 2. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52301.3. Source version: id_d85001eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. Notwithstanding subdivision (d) of Section 52301, the State Board of Education may grant permanent status to the Kern Union High School District to operate a single district regional occupational center or program, if that status is requested in writing by the county superintendent of schools of Kern County and the governing board of the Kern Union High School District. (Added by Stats. 1990, Ch. 762, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52301.5. Source version: id_3302df19-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. For the purposes of this chapter: (a) “California Occupational Information System” means the statewide comprehensive labor market and occupational supply and demand information system described by Section 10530 of the Unemployment Insurance Code. (b) “State-Local Cooperative Labor Market Information program” means that labor market information system established in Section 10533 of the Unemployment Insurance Code. (c) “Job market study” means a review of the existing educational programs in light of available labor market information, including occupational supply and demand, for a labor market area. (d) “Labor market area” means a county or aggregation of counties designated by the Employment Development Department that has one or more central core cities and that meets criteria of population, population density, commute patterns, and social and economic integration specified by the Employment Development Department. (Amended by Stats. 2005, Ch. 208, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52302. Source version: id_b2726866-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) On or before July 1, 2010, the governing board of each regional occupational center or program shall ensure that at least 90 percent of all state-funded courses offered by the center or program, in occupational areas in which both the program or center and the community college offer instruction, are part of occupational course sequences that target comprehensive skills. Each occupational sequence shall do all of the following: (1) Result in an occupational skill certificate developed in cooperation with the appropriate employer advisory board created under Section 52302.2. (2) Provide prerequisite courses that are needed to enter apprenticeship or postsecondary vocational certificate or degree programs. Where possible, sequenced courses shall be linked to certificate and degree programs in the region. (3) Focus on occupations requiring comprehensive skills leading to high entry-level wages or the possibility of significant wage increases after a few years on the job, or both. (4) Offer as many courses as possible that have been approved by the University of California as courses meeting the “A-G” admissions requirements. (b) (1) On or before July 1, 2008, the governing board of each regional occupational center or program shall develop a plan for establishing sequences of courses, and certify to the department, that those sequences have been developed, as described in subdivision (a). The board shall consult with the superintendents of the school districts served by the center or program and presidents of community colleges in the area during the development of the plan. (2) The plan shall be presented at a public hearing by the governing board of each school district served by the regional occupational center or program and by the county board of education. (3) Community college boards with identified articulated programs shall also review the plans in a public session. (4) In developing the plan, each regional occupational program or center shall consult with school districts and community college districts located within the region served by the program or center and with the relevant occupational advisers and local workforce investment board to ensure the plan meets the vocational education needs of high school pupils in the region by providing sequences of courses that begin with middle or high school introductory courses, including, but not limited to, occupational skill courses provided by high schools or regional occupational programs or centers. (5) The plan shall maximize the use of local, state, and federal resources in helping high school pupils enter comprehensive skill occupations or apprenticeship programs, or continue education in college, or all of these, after graduating from high school. (6) The plan shall include strategies for filling gaps in courses or other services needed to make the sequences effective in meeting the needs of pupils in developing skills and attending community college upon graduation from high school. (7) Each center or program shall submit a copy of the approved plan to the appropriate community college or colleges in the region and the Superintendent on or before September 1, 2008. Every four years after this date, on or before July 1, each center and program shall submit an update to the plan to the local community college or colleges and the Superintendent. (c) As a condition of receiving federal funds provided under the Carl D. Perkins Vocational and Applied Technology Education Act of 1998 (20 U.S.C. Sec. 2301 et seq.), or a successor of that act, and to the extent permitted by federal law, school districts, regional occupational centers or programs, and community college districts shall do all of the following: (1) Develop course sequences that meet the requirements of this section according to the schedule set forth in this paragraph. (A) On or before July 1, 2008, school districts, regional occupational centers or programs, and community college districts shall have adopted an approved plan as required under this section. (B) On or before July 1, 2009, school districts, regional occupational centers or programs, and community college districts shall have established course sequences as required under this section that include at least one-third of the courses offered by the regional occupational center or program in occupational areas in which both the program or center and the community college offer instruction. (C) On or before July 1, 2010, school districts, regional occupational centers or programs, and community college districts shall have established course sequences as required under this section that include at least two-thirds of the courses offered by the regional occupational center or program in occupational areas in which both the program or center and the community college offer instruction. (2) Provide pupils who are participating in vocational sequences with information and experiences designed to increase their postgraduation work and school options, including, but not limited to, all of the following: (A) Information about the admissions requirements of the University of California and California State University. (B) Information about the placement requirements of the local community college or colleges. (C) Information about higher education options related to the interests of the pupil. (D) Encourage visits to local colleges and universities offering programs that allow pupils to gain additional skills and degrees in related occupations. (E) Information and referrals to employers for internships, summer employment opportunities, and employment after graduation from high school. (3) School districts, regional occupational centers or programs, and community college districts that do not develop course sequences on or before the dates established under this subdivision, and have not received a waiver under subdivision (d), shall enter into a corrective action plan with the department and shall meet any timelines established by the Superintendent. (d) (1) The department, with the assistance of the Office of the Chancellor of the California Community Colleges, shall meet with each program or center and the community college or colleges in the region no later than the 2009–10 fiscal year to validate that course sequences meeting the requirements of this section have been developed. These meetings shall be conducted using the existing resources of the department and shall be consistent with the standards developed pursuant to Section 51226. (2) The department and the office of the chancellor shall provide technical assistance to programs or centers and community colleges that have developed articulated sequences for less than half of the courses offered by the program or center. (3) The Superintendent may waive the requirements of subdivision (a) for programs or centers and community colleges located in rural areas of the state if the Superintendent finds that development of sequences is infeasible because of the distance, travel time, or safety between the center or program and the community college. (Amended by Stats. 2008, Ch. 223, Sec. 10. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52302.2. Source version: id_76f838a3-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) The governing board of each regional occupational center or program shall establish and maintain an employer advisory board or boards pursuant to guidelines developed by the department. The advisory board shall do all of the following: (1) Assist in the development of skill certificates that identify the skills and knowledge that pupils completing an occupational course sequence are expected to acquire upon completing the sequence. The advisory board also shall recommend the measures and criteria, and methods to evaluate whether pupils actually acquired the identified skills and knowledge. (2) Review at least once a year whether pupils who are assessed as having met the requirements for a skill certificate possess the skills needed for success in employment in that occupation. (3) Review the specific occupational sequences offered by the regional occupational center or program to train pupils for jobs that are in demand and offer high beginning salaries or the potential for significant wage increase after several years on the job. (4) Assist the regional occupational center or program in developing internships, paid summer employment, and postgraduation employment opportunities for pupils participating in the course sequences. (5) Assist the regional occupational center or program in identifying and creating college scholarships for pupils participating in the course sequences. (b) Employer advisory boards shall be composed of representatives of trade organizations and businesses or government agencies that hire a significant number of employees each year and require the skills and knowledge that are taught in the course sequence or sequences in that occupational area, as well as at least one representative from a school district career technical educational advisory committee. The department shall develop regulations guiding the establishment of these boards. (c) Regional occupational centers or programs operated in a rural county of the sixth, seventh, or eighth class may designate a local business or industry organization as the advisory board and consult with the leadership of the local business or industry organization to determine skill needs in the region and emerging job market needs. For purposes of this section, the local business organization may be designated as the advisory board for the regional occupational center or program. (Amended by Stats. 2009, Ch. 58, Sec. 1. (SB 640) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52302.3. Source version: id_85c1d910-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) Every career technical course or program offered by a school district or districts or county superintendent or superintendents sponsoring a regional occupational center or program shall be reviewed every two years by the appropriate governing body to assure that each course or program does all of the following: (1) Meets a documented labor market demand. (2) Does not represent unnecessary duplication of other job skills training programs in the area. (3) Is of demonstrated effectiveness as measured by the employment and completion success of its pupils. (b) Any course or program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing body shall be terminated within one year. (Amended by Stats. 2006, Ch. 572, Sec. 6. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52302.5. Source version: id_86821bd2-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. A regional occupational center or regional occupational program shall do all of the following: (a) Provide individual counseling and guidance in career technical matters. (b) Provide a curriculum that includes a sequence of academic and skill instruction in specific occupational fields leading to an approved skill certificate and vocational degree, apprenticeship, or postsecondary certificate program pursuant to paragraph (2) of subdivision (b) of Section 52302, or provide an opportunity for pupils to acquire entry-level career technical skills. (c) Maintain a pupil-teacher ratio which will enable pupils to achieve optimum benefits from the instructional program. (d) Assign the highest priority in services to youth from the age of 16 to 18 years, inclusive. (Amended by Stats. 2006, Ch. 572, Sec. 7. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52302.8. Source version: id_62f008b4-e41a-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) The Legislature hereby finds and declares that vocational training resources that are provided through regional occupational centers and programs are an essential component of the state’s secondary school system and the local system of providing occupational skills training to high school pupils. For this reason, the Legislature finds and declares that these resources should be focused primarily on the needs of pupils enrolled in high school. (b) For the 2008–09 fiscal year, a regional occupational center or program may claim no more than 50 percent of the state-funded average daily attendance for which the center or program is eligible, for services provided to students who are not enrolled in grades 9 to 12, inclusive. (c) For the 2009–10 fiscal year, a regional occupational center or program may claim no more than 30 percent of the state-funded average daily attendance for which the center or program is eligible, for services provided to students who are not enrolled in grades 9 to 12, inclusive. (d) For the 2011–12 fiscal year and every fiscal year thereafter, a regional occupational center or program may claim no more than 10 percent of the state-funded average daily attendance for which the center or program is eligible, for services provided to students who are not enrolled in grades 9 to 12, inclusive, and up to an additional 5 percent for CalWORKs, Temporary Assistance Program, or Job Corps participants and participants under the federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.) who are enrolled in Intensive Training services. (e) Pupils who are CalWORKs, Temporary Assistance Program, or Job Corps participants shall have priority for service within the percentage limits established under subdivision (d). (f) Notwithstanding subdivision (d), a regional occupational center or program may claim more than 15 percent of its average daily attendance for students who are not enrolled in grades 9 to 12, inclusive, if all of the students who are not enrolled in grades 9 to 12, inclusive, are CalWORKs, Temporary Assistance Program, or Job Corps participants, and if the governing board of the regional occupational center or program does all of the following: (1) Meets with local human services directors, and representatives of adult education programs, community colleges, and other institutions of higher education, to assess the needs of CalWORKs, Temporary Assistance Program, or Job Corps and federal Workforce Innovation and Opportunity Act participants to identify alternative ways to meet the needs of these adult students. (2) Enters into a transition plan, approved by the Superintendent, to become in compliance with subdivision (d) in accordance with benchmarks and timelines established in the transition plan. Transition plans shall be established pursuant to guidelines issued by the department, in consultation with the State Department of Social Services, and shall be resubmitted and reviewed annually. (g) Notwithstanding subdivisions (b), (c), and (d), a regional occupational center or program that claims more than 40 percent of its students are not enrolled in grades 9 to 12, inclusive, on January 1, 2007, shall submit a letter to the Superintendent by July 1 of each year until it complies with this subdivision, outlining the goals of the regional occupational center or program to reduce the number of adult students in order to comply with subdivision (d) on or before July 1, 2013. (h) Regional occupational centers and programs operated in a rural county of the sixth, seventh, or eighth class may exceed the number of adults by an additional 10 percent of the limits established in subdivisions (b), (c), and (d). (i) Adult average daily attendance funding for a regional occupational center or program that has entered into a corrective action plan pursuant to subdivision (k) shall not be redirected to other regional occupational centers or programs to serve additional secondary pupils for up to three years while the regional occupational center or program is in corrective action. (j) The governing boards of a community college district and a regional occupational center or program may enter into contractual agreements under which the center or program provides services to adult students of the community college district affected by this section if both of the following are satisfied: (1) The agreements conform to state regulations and audit requirements jointly developed by the Chancellor of the Office of the California Community Colleges and the department, in consultation with, and subject to approval by, the Department of Finance. (2) A course offered for adults pursuant to an agreement entered into pursuant to this subdivision is limited to the same cost per student to the state as if the course were offered at the regional occupational center or program. This subdivision does not authorize the apportionment of funds for community colleges for adult students in excess of the revenue limit for regional occupational centers or programs if a course is deemed eligible for college credit. (k) A regional occupational center or program that fails to meet a timeline established under subdivision (c), (d), or (g) shall meet with the community college, adult education program, or other adult service to identify alternative means of meeting the needs of adult students and shall enter into a corrective action plan administered by the department. The corrective action plan shall be established pursuant to guidelines issued by the department and shall be submitted to the department annually for review. (Amended by Stats. 2017, Ch. 641, Sec. 13. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52302.9. Source version: id_d8518897-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. Regional occupational centers and programs may jointly establish, operate, and share the enrollments and costs of career technical education instruction with adult education programs offered by school districts serving the same geographic area. These programs shall be approved by the State Board of Education and the county superintendent of schools and shall be subject to guidelines established by the Superintendent of Public Instruction. These programs shall also be funded at the adult revenue limit amount provided pursuant to Section 42238. (Amended by Stats. 2000, Ch. 1058, Sec. 52. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52303. Source version: id_876290c8-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. “Regional occupational program,” as used in this chapter, means a sequence of career technical or technical training programs that meet the criteria and standards of instructional programs in regional occupational centers and are conducted in a variety of physical facilities that are not necessarily situated in one single plant or site. (Amended by Stats. 2006, Ch. 572, Sec. 10. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52304. Source version: id_d8530f3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. Subsequent to completing the survey required by Section 52302 and prior to establishing a regional occupational center or program authorized by Section 52301, the appropriate governing board, boards, or county superintendent of schools, as the case may be, shall determine whether or not the survey and analysis made pursuant to Section 52302 justifies the proposed skill training, and shall further determine whether the skill training will be offered through a regional occupational center or program, or through a contract with an approved private postsecondary school pursuant to the provisions of Section 8092. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52304.1. Source version: id_d8530f3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. The governing board of each school district maintaining a high school shall annually review and assess the participation of pupils in grades 11 and 12 in regional occupational centers and programs. The governing board shall prepare an annual plan to increase the participation of these pupils unless it determines that there are no additional pupils enrolled in the district who would benefit from this participation. The governing board shall conduct public hearings for purposes of reviewing the participation of these pupils and for the adoption of the plan required under this section. (Added by Stats. 1983, Ch. 498, Sec. 101. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52305. Source version: id_d8530f3f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. A regional occupational center or regional occupational program may: (a) Be established pursuant to Section 52301 to provide day, including Saturday and Sunday, and evening full-time and part-time career technical education programs for minors and adults, the year around. (b) Include within its career technical training programs, the establishment and operation of a sheltered workshop. (c) Permit the establishment and operation of business, commercial, trade, manufacturing, or construction activities as will best serve the aims and purposes of career technical education. These activities shall also permit the sale of products or services to private or public corporations or companies, or to the general public. (Amended by Stats. 2000, Ch. 1058, Sec. 54. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52306. Source version: id_d8530f41-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) Any business, commercial, trade, manufacturing, or construction activity referred to in subdivision (c) of Section 52305 may be undertaken as part of a regional occupational center or program provided all the following conditions have been complied with: (1) Any facility or program operated pursuant to this section shall be only for the education or training of students enrolled in a regional occupational center or program. (2) The facility or program shall be operated on a nonprofit basis, with all revenues restricted in their use to cover instructional and operating costs. (3) Notwithstanding any other provision of law, the facility or program initially shall obtain the approval of the appropriate trade associations concerned with the activity proposed and the approval of the county labor council in the county in which the facility or program is located. (b) An activity conducted by a regional occupational center or program, as described in subdivision (a), may be conducted without the need to apply for or obtain local business licenses or permits, nor shall the activity be subject to payment of local business taxes. Notwithstanding any other provision of law, proceeds from business activities authorized in this section may, subject to the approval of the governing board, be deposited in a checking account or accounts by each regional occupational center or program and disbursed for the necessary expenses of those business activities. The account shall be established by the regional occupational center or program and be in the custody of the principal or other administrative official designated by the governing board or the county superintendent of schools, as the case may be. The principal or administrative official shall be responsible for all expenditures therefrom, subject to regulations prescribed for this purpose by the governing board or the county superintendent of schools, as the case may be. An exact accounting of receipts and disbursements shall be made to the district or county accounting office within a reasonable period of time. The governing board or the county superintendent of schools, as the case may be, shall provide for an audit of these accounts on a regular basis. (c) Attendance of students in any business, commercial, trade, manufacturing, or construction activity referred to in subdivision (c) of Section 52305, at any regional occupational center or regional occupational program, shall be credited to that facility or program for the purposes of apportionments from the State School Fund. (Amended by Stats. 1992, Ch. 507, Sec. 9. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52307. Source version: id_d85495e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. To the extent feasible, in establishing programs pursuant to subdivision (c) of Section 52305, efforts shall be made to work cooperatively with sheltered workshops which are located in the area of such programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52308. Source version: id_d85495e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. A regional occupational center or program may lease buildings of not more than one story or equipment for a term not to exceed 10 years, subject to an extension for a period not to exceed 10 years, without complying with any other provision of this code relating to the lease of school buildings or equipment. (Repealed and added by Stats. 1982, Ch. 1143, Sec. 10.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52309. Source version: id_d85495e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) The curriculum initially provided by a regional occupational center or regional occupational program upon commencing operation shall be subject to the approval of the department and shall comply with all requirements and standards set forth in the State Plan for Career Technical Education. The department shall approve regional occupational centers only after giving due consideration to career technical education opportunities offered by community colleges serving the same geographical area. The State Board of Education shall adopt rules and regulations establishing guidelines and criteria for differentiating between courses appropriate for regional occupational centers or regional occupational programs and those appropriate for high schools. (b) The Superintendent of Public Instruction shall prepare and distribute by April 1, 1977, and thereafter maintain, a detailed handbook for use by the local educational agencies and regional councils established pursuant to Section 8020. The handbook shall contain course approval criteria, job market study criteria, implementation plans for administrative regulations, and procedures for securing course and program approvals. (c) Notwithstanding subdivision (a), the curriculum provided by a regional occupational center or program shall not be subject to the approval of the department as to any curriculum that is certified, by resolution of the governing body of the regional occupational center or program, to comply with the course approval criteria set forth in the handbook described in subdivision (b). (Amended by Stats. 2000, Ch. 1058, Sec. 55. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52310. Source version: id_d85495e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. Credits earned from courses completed in a regional occupational center or regional occupational program may be applied toward fulfillment of requirements for a high school diploma. A governing board of a district maintaining a regional occupational center may confer a high school diploma upon any pupil who attends a regional occupational center maintained by the district full time and has satisfactorily completed the prescribed course of study of the school district of residence or the course of study prescribed by the county superintendent of schools, school district, or school districts, as the case may be, maintaining such center. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52310.5. Source version: id_d85495eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) Each regional occupational program or center shall be maintained by, and subject to the authority and control of, its governing board. (b) The governing board of a regional occupational program or center maintained by a single school district is the governing board of the school district. (c) The governing board of a regional occupational program or center maintained by a county superintendent of schools is the county board of education. (d) The governing board of a regional occupational program or center established by two or more school districts pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, shall consist of at least one member of the governing board of each of the school districts cooperating in the regional occupational program or center, the member to be selected by the governing board of the district represented by that member. (e) Any other cooperative agreement established after 1965 to establish a regional occupational program or center pursuant to Section 52301 shall have a governing board which shall consist of at least one member of the governing board of each of the school districts cooperating in the regional occupational program or center. Each member is to be selected by the governing board of the district represented by that member. (f) The governing board of a regional occupational center maintained by either a single school district or a county is not entitled to an additional stipend merely to carry out governance of the operations of the regional occupational center or program. (Amended by Stats. 2002, Ch. 1168, Sec. 40. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52311. Source version: id_d8561c8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. Each regional occupational center shall be established at a readily accessible place selected to serve the pupils who will attend the center. The county superintendent of schools or district or districts, as the case may be, maintaining, or participating in the operation of, the center may provide necessary transportation to the pupils attending such center. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52312. Source version: id_d8561c8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. For the purposes of this chapter the county superintendent of schools, the governing board of the school district, or the governing boards of school districts establishing a regional occupational center, or regional occupational program, may acquire a site for each regional occupational center or regional occupational program maintained by him or the district, or districts, as the case may be, and may plan, construct, purchase, or lease buildings therefor, and may purchase or lease furniture, equipment, fixtures, and other personal property therefor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52313. Source version: id_d8561c91-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. The county superintendent of schools or governing board of a school district or districts, as the case may be, maintaining a regional occupational center, or regional occupational program, may accept and expend grants from the federal government or from other public or private sources for the purposes of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52314. Source version: id_ab91dae4-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) (1) Except as provided in subdivision (b), any pupil eligible to attend a high school or adult school in a school district subject to the jurisdiction of a county superintendent of schools operating a regional occupational center or regional occupational program, and who resides in a school district which by itself or in cooperation with other school districts, has not established a regional occupational center, or regional occupational program, is eligible to attend a regional occupational center or regional occupational program maintained by the county superintendent of schools. Any school district which in cooperation with other school districts maintains a regional occupational center, or regional occupational program, or any cooperating school districts may admit to the center, or program, any pupil, otherwise eligible, who resides in the district or in any of the cooperating districts. Any school district which by itself maintains a regional occupational center, or regional occupational program, may admit to the center, or program, any pupil, otherwise eligible, who resides in the district. No pupil, including adults under Section 52610 shall be admitted to a regional occupational center, or regional occupational program, unless the county superintendent of schools or governing board of the district or districts maintaining the center, or program, as the case may be, determines that the pupil will benefit therefrom and approves of his or her admission to the regional occupational center or regional occupational program. (2) Adult students shall not be enrolled in regional occupational center or program courses during the school day on a high school campus unless specifically authorized by the policy of the governing board of the school district. (3) A pupil may be admitted on a full-time or part-time basis, as determined by the county superintendent of schools or governing board of the school district or districts maintaining the center, or program, as the case may be. (b) A pupil is not eligible to be admitted to a regional occupational center or program, and his or her attendance shall not be credited to a regional occupational center or program, until he or she has attained the age of 16 years, unless the pupil meets one or more of the following conditions: (1) The pupil is enrolled in grade 11 or a higher grade. (2) The pupil received a referral and all of the following conditions are met: (A) The pupil is referred to a regional occupational center or program as part of a comprehensive high school plan that has been approved by a school counselor or school administrator. The approval of the pupil’s parents or guardian may be sought but is not required. (B) The pupil’s comprehensive high school plan requires referral to a regional occupational center or program as part of a sequence of vocational courses that allows the pupil to learn a comprehensive skill occupation that culminates in earning a postsecondary vocational certificate or diploma or its equivalent. (C) The pupil is enrolled in a school that maintains any of grades 9 to 12, inclusive. (3) The individualized education program of a pupil adopted pursuant to the requirements of Chapter 4 (commencing with Section 56300) of Part 30 prescribes occupational training for which his or her enrollment in a regional occupational center or program is deemed appropriate. (4) The pupil is enrolled in grade 10 and has a comprehensive high school plan that has been approved by a school counselor, and the admission of that pupil will not result in the denial of admission or displacement of pupils in grades 11 and 12 that would otherwise participate in the regional occupational center or program. (c) Each school district, county superintendent of schools, or joint powers agency that maintains a regional occupational center or regional occupational program shall submit to the department, at the time and in the manner prescribed by the Superintendent, the enrollment and average daily attendance for each grade level and the enrollment and average daily attendance for each exemption set forth in subdivision (b). (Amended by Stats. 2012, Ch. 728, Sec. 34. (SB 71) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52314.5. Source version: id_87fa8b0c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. A regional occupational center or program established and maintained by a county superintendent of schools, school districts, or joint powers agencies pursuant to Section 52301 shall admit youths between the ages of 15 to 18 years who are eligible to attend a high school in a school district, but who have not been enrolled on a full-time or part-time basis for a period of more than three months during the regular school year, if all of the following apply: (a) The center or program, in conjunction with the appropriate school district, develops a comprehensive high school plan that describes the academic and vocational instruction that will be provided to the pupil. (b) The pupil’s parents or guardian approves the comprehensive plan in writing. (c) The pupil enrolls in the appropriate adult school or high school courses that are needed to satisfy the comprehensive high school plan. (Amended by Stats. 2006, Ch. 572, Sec. 12. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52315. Source version: id_8e64de54-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) A visually impaired, orthopedically impaired, or deaf person who is not enrolled in a regular high school or community college program may attend a regional occupational center or regional occupational program pursuant to the requirements described in Section 52314.5. Additional special instruction and support services shall be provided to these persons. (b) If the Superintendent determines that there would be a duplication of effort to these impaired persons if a regional occupational center or regional occupational program provided services to them, in that other programs exist that are available to them, the Superintendent may disapprove of the curriculum to provide programs to these impaired persons pursuant to Section 52309. (Amended by Stats. 2015, Ch. 19, Sec. 102. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52316. Source version: id_d857a33d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. Any pupil enrolled in grade 10, 11, or 12, and who is also attending a regional occupational center or regional occupational program may be excused from attending courses in physical education by the governing board of the school district maintaining grade 10, 11, or 12, and in which the pupil is enrolled, if attendance upon such classes results in hardship because of travel time involved. If a pupil is excused from physical education classes pursuant to this section, the minimum schoolday for him in his regular high school is 180 minutes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52317. Source version: id_d85929df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. The governing board of any regional occupational center or program operated by a joint powers agency, a single district, or a county superintendent of schools maintaining a county regional occupational center or program, may admit to its programs or classes, on a full-time or part-time basis, any person who can benefit from the program or class, including a person who does not reside in the attendance area of the center or program, if there are openings in the program or class. For purposes of this section, an interdistrict attendance agreement shall not be required for out-of-district enrollments. Under no circumstances shall any person be enrolled in a regional occupational center or program pursuant to this section in a manner which contradicts delineation of function agreements. Notwithstanding Section 51769 of the Education Code and Section 3368 of the Labor Code, regional occupational centers or programs or school districts within the area controlled by regional occupational centers or programs offering training to pupils residing outside its attendance area, shall provide for workers’ compensation for pupils enrolled in a community classroom program. (Amended by Stats. 1984, Ch. 1385, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52319. Source version: id_928f4e26-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) Whenever the establishment and maintenance of a regional occupational center by two or more school districts has been undertaken pursuant to an agreement entered into in accordance with the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, and the terms of the agreement so authorize, provision may be made for the issuance of bonds for construction and other capital expenditure for the regional occupational center. An election shall be called, held, and conducted in the manner provided in Chapter 3 (commencing with Section 5300) of Part 4 of Division 1 of Title 1 on the question of the approval of the issuance of such bonds. If, at the election, the requisite number of voters cast their ballots in favor of the issuance of bonds, the bonds shall be issued and sold in the manner provided by law for the issuance and sale of bonds of a high school district. The issuance and sale of such bonds shall be deemed to be an act of the governing board of a high school district. (b) The total amount of bonds issued shall not exceed one-half of 1 percent of the taxable property of the area served by the regional occupational center as shown by the last equalized assessment roll of the county or counties that the center serves. (c) Bonds issued and sold pursuant to this section shall be retired from proceeds of the tax under the provisions of Section 52317. (Amended by Stats. 2015, Ch. 19, Sec. 103. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52320. Source version: id_d85929e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. For the purposes of receiving advances of funds from the county treasury only, a regional occupational center shall be deemed to be a school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52321. Source version: id_b3b8cb1a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) (1) Commencing in the 2009–10 fiscal year, a regional occupational center or program established and maintained by school districts or joint powers agencies pursuant to Section 52301 shall receive in annual operating funds directly from the county office of education in which it is located an amount per unit of average daily attendance equal to the revenue limit received by each of the participating school districts for each unit of average daily attendance generated in the regional occupational center or program by each participating school district. (2) A regional occupational center or program established and maintained by a county superintendent of schools pursuant to Section 52301 shall receive funding pursuant to Section 2550. A county superintendent of schools shall report average daily attendance to the Superintendent for that funding. (b) A regional occupational center or program may budget and accumulate an amount necessary to meet the cashflow needs of the regional occupational center or program known as a general reserve, and also may budget and accumulate amounts known as the designated fund balance and as the unappropriated fund balance. Alternatively, a regional occupational center or program may budget and accumulate amounts necessary to meet its long-term program needs in a separate account known as the capital outlay and equipment replacement reserve account, and this account shall be part of the designated fund balance. At the end of each school year, the ending balance in the regional occupational center or program account may be distributed to any of the general reserve, designated fund balance, and unappropriated fund balance accounts, provided that the combined total distributed does not exceed 15 percent of the expenditures for the current school year. (1) The general reserve, the designated fund balance, including the capital outlay and equipment replacement reserve account, and the unappropriated fund balance shall be available for appropriation only after approval by a majority vote of the governing body of the regional occupational center or program. (2) Funds of a regional occupational center or program shall be distributed to the capital outlay and equipment replacement reserve account only upon adoption by the governing board of a resolution specifying the general use to which each appropriation from the account would be put. (c) (1) At the end of each school year, the combined ending balances of the general reserve, the designated fund balance, except the capital outlay and equipment replacement reserve account, and the unappropriated fund balance shall not exceed 15 percent of the expenditures for the current fiscal year. (2) A regional occupational center or program may accumulate, over a period of two or more school years, an ending balance in the capital outlay and equipment replacement reserve account of more than 15 percent of the expenditures for the current fiscal year, under provisions of a resolution of the governing board pursuant to paragraph (2) of subdivision (b). (d) Funds placed in either the general reserve, the designated fund balance, including the capital outlay and equipment replacement reserve account, or the unappropriated fund balance shall be expended only for regional occupational center or program educational purposes. (e) Commencing in the 2007–08 fiscal year, the Superintendent shall require an annual certification by school districts, county superintendents of schools, and joint powers agencies that the regional occupational center or program funds have been expended as provided in this section. The Superintendent shall withhold from the apportionment of a subsequent fiscal year, any ending fund balance in excess of 15 percent of the expenditures for the year, except those funds specifically set aside by the governing board in the capital outlay and equipment replacement reserve account. (Amended by Stats. 2008, Ch. 519, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52322. Source version: id_d85929e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. The State Board of Education shall make provision in allocating any funds received from the federal government pursuant to Public Law 576 of the 90th Congress to include regional occupational centers and programs that comply with the requirements of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52323. Source version: id_d85ab089-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. No instruction shall be given in a regional occupational center except by a qualified teacher holding a certificate issued pursuant to Chapter 2 (commencing with Section 44200) of Part 25 of Division 3 of this title. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52324.6. Source version: id_d85ab08f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) Any regional occupational program shall be eligible to apply for apportionments as a necessary small regional occupational program under this section if it is a regional occupational program with an annual total average daily attendance of 350 or less in the prior fiscal year, and the regional occupational program provides instructional service to a comprehensive high school or schools that have an average daily attendance in grades 9 to 12, inclusive, during the fiscal year of 350 or less. A necessary small regional occupational program may apply for a small school regional occupational program service allocation pursuant to this section for any or all of the comprehensive high schools within its boundaries that have an average daily attendance of 350 or less during the fiscal year, and at which instruction is provided by the regional occupational program. The county superintendents of schools shall annually certify the eligibility of a regional occupational program as a necessary small regional occupational program and annually certify the eligibility of all comprehensive high schools within the boundaries that have been selected by the necessary small regional occupational program to receive small school regional occupational program service allocations. (b) The Superintendent of Public Instruction shall annually allocate small school regional occupational program service funding, in accordance with the schedule prescribed in this subdivision, for any and all comprehensive high schools that are certified as eligible and are selected in accordance with subdivision (a). Regional occupational programs that do not certify the employment of the minimum number of full-time equivalent certificated employees at each school shall have the total small school regional occupational program service allocation for that school reduced by a pro rata amount, based on the percentage of employee service provided in comparison to the total number of regional occupational program employees required for full funding. Full-time equivalency for purposes of this subdivision shall be equal to six teaching periods of comprehensive high school. The small school regional occupational program service allocation shall be adjusted annually by the same percentage cost-of-living adjustment applied to other regional occupational center and program revenue limits. (c) (1) If a regional occupational program applies for funding under this section, the regional occupational program shall certify to the Superintendent of Public Instruction all concurrently enrolled average daily attendance generated during the previous year in each school to which small school regional occupational program service funds were allocated under subdivision (b). The average daily attendance certified under this subdivision shall be subtracted from the regional occupational program’s prior year total allowable average daily attendance, and the remainder shall become the current year allowable regional occupational program average daily attendance for all nonconcurrently enrolled students and concurrently enrolled students from schools not funded under subdivision (b). This calculation shall be completed the year a regional occupational program applies to become a necessary small regional occupational program or the year that the eligible regional occupational program selects any comprehensive high school defined in subdivision (a) to receive a small school regional occupational program service allocation. (2) In the fiscal year that an eligible regional occupational program selects to remove a certified comprehensive high school from the small school regional occupational program service allocation funding or when the comprehensive high school no longer qualifies under the provisions of subdivision (a), the superintendent shall allocate a sum equal to the average of the prior two years’ annual regional occupational program average daily attendance for the comprehensive high school multiplied by either the statewide average revenue limit per average daily attendance or the revenue limit per average daily attendance of the regional occupational program, whichever is greater, to the revenue limit of the eligible regional occupational program. (3) In addition, the superintendent shall raise the prior year’s annual concurrently enrolled average daily attendance for all schools not funded under subdivision (b) of the eligible small school regional occupational program an amount equal to the average of the prior two years’ annual regional occupational program average daily attendance for the comprehensive high school. This adjusted allowable average daily attendance shall be the new base upon which growth is calculated for nonconcurrently enrolled students and concurrently enrolled students from high schools not funded under subdivision (b), within an eligible regional occupational program. (d) Total annual apportionments for regional occupational programs that qualify for funding under this section as necessary small regional occupational programs shall be calculated in accordance with the following formula: Total small school ROP service allocations to selected comprehensive high schools of 350 or less average daily attendance pursuant to subdivision (b) + Reported allowable average daily attendance pursuant to subdivision (c) multiplied by either the statewide average ROP revenue limit or the ROP revenue limit, whichever is greater = Total annual state apportionment for a necessary small ROP (e) Nothing in this section shall be construed to require eligible regional occupational programs to apply for funding under this section. (f) In fiscal years subsequent to the 1989–90 fiscal year, the prior year’s apportionment under this section shall be annually adjusted by the same cost-of-living increase provided to regional occupational programs through the standard apportionment system. (Amended by Stats. 1994, Ch. 922, Sec. 132. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52325. Source version: id_d7a2c6ae-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. A day of attendance for pupils enrolled in a regional occupational center or program is 180 minutes of attendance. (Added by Stats. 2007, Ch. 730, Sec. 32. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52327. Source version: id_96c074b8-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) The governing board of a school district maintaining a regional occupational center may establish a bookstore on school district property for the purpose of offering for sale textbooks, workbooks, supplementary textbooks and workbooks, school supplies, stationery supplies, confectionary items, and related auxiliary school supplies and services. (b) The governing board of the school district may establish a bookstore fund into which the proceeds derived from the operation of a regional occupational center bookstore may be transferred. Moneys in a bookstore fund shall be deposited or invested in one or more of the following ways: (1) Deposits in a bank or banks, or other institution, whose accounts are federally insured. (2) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, provided the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation. (3) Purchase of United States securities pursuant to subdivision (a) of Section 16430 of the Government Code. (c) The governing board of the school district shall designate an employee or official of the school district to act as trustee for funds derived from the operation of a regional occupational center bookstore and to receive those funds in accordance with procedures established by the board. (d) All necessary expenses, including salaries, wages and costs of capital improvements may be deducted from the revenue of a regional occupational center bookstore. Net proceeds from the operation of a regional occupational center bookstore shall be used for the general benefit of the student body as determined by the governing board of the school district. Income from a regional occupational center bookstore shall not be included in the school district funding allocation. Funds derived from the operation of a regional occupational center bookstore shall be subject to audit pursuant to Section 41020. (Amended by Stats. 2015, Ch. 19, Sec. 106. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52327.5. Source version: id_d85c3738-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. Each governing board establishing or maintaining a regional occupational center or program pursuant to Section 52310.5 shall meet the requirements set forth in Sections 35145, 41010, 41011, 41015, 41020, 42103, 51040, 51041, 51050, and 51056. (Amended by Stats. 1977, Ch. 242.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52328. Source version: id_d85c373a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) Any school district, located in whole or in part in a county contiguous with the Republic of Mexico, or any county superintendent of schools of a county contiguous with the Republic of Mexico, which maintains a regional occupational center may enter into a student exchange agreement with a trade and technical training school located in the Republic of Mexico. Such student exchange agreement shall permit Mexican students to take all or part of their occupational training in the regional occupational center and shall permit United States students to take all or part of their occupational training in the Mexican trade and technical school. (b) In computing the average daily attendance of the regional occupational center, the Superintendent of Public Instruction shall include any Mexican students in attendance if all of the following conditions are met: (1) The student exchange agreement provides as nearly as practicable for the exchange of students on a one-for-one basis between the regional occupational center and the trade and technical school. (2) The educational services provided the United States students in Mexico are at least equivalent in quality to the services provided in the regional occupational center. (3) The student exchange agreement has been approved by the Superintendent of Public Instruction prior to its operative date. (c) No average daily attendance shall be credited to the regional occupational center for the United States students while in attendance at the Mexican trade and technical school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52329. Source version: id_9afe939a-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) The governing board of a school district located in a county, or the county superintendent of schools maintaining a regional occupational program in a county, any of the boundaries of which are contiguous to the State of Arizona, may enter into an agreement with a public or private educational agency located in the State of Arizona to provide to pupils living in the school district and enrolled in a regional occupational program, career technical or technical training which, due to geographical isolation, is not otherwise available to these pupils. (b) The program of training at the public or private educational agency shall conform to the California State Plan for Career Technical Education. (Amended by Stats. 2015, Ch. 19, Sec. 107. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52330. Source version: id_d85dbdde-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. The governing board of any school district or the county superintendent of schools that is operating or jointly operating a regional occupational center or program may establish and maintain regional occupational center or regional occupational program classes in industrial or school facilities located outside of the school district or the jurisdiction of the county superintendent of schools, respectively, for the purpose of providing training for students enrolled in such a center or program. The governing board of a school district or the county superintendent of schools shall notify the Superintendent of Public Instruction, prior to the establishment of classes pursuant to this section, of the proposed establishment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52331. Source version: id_d85dbde0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. A regional occupational program or center, established pursuant to Section 52301, may contract with a community college district to provide career technical education instruction and services for students enrolled, or seeking to enroll, in a regional occupational center or program. The instruction and services shall comply with the requirements and standards for regional occupational programs and centers as set forth in the State Plan for Career Technical Education. (Amended by Stats. 2000, Ch. 1058, Sec. 57. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52334. Source version: id_9f2dbe5c-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) Indirect costs charged to regional occupational centers and programs may not exceed the school district or county office of education, as appropriate, prior year indirect cost rate as approved by the department. (b) The indirect costs charged by county offices of education and school districts that provide regional occupational centers and programs services on behalf of the county office of education or joint powers authority, when added together, may not exceed the indirect cost rate approved by the department for the county office of education or the school district, whichever is higher. (Amended by Stats. 2015, Ch. 19, Sec. 108. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52334.5. Source version: id_88da63c2-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) Within existing resources, the department shall conduct monitoring reviews of each regional occupational center or program at least once every four years for compliance with applicable state laws and regulations, to provide focused and targeted technical assistance and support, and to assist with the remediation of identified deficiencies. (b) The department, in consultation with local regional occupational centers or programs, shall develop a monitoring instrument focused on all of the following: (1) The regional occupational center or program administration and instructional programs. (2) The alignment of curriculum with standards. (3) The sequencing of courses in a pathway articulated with middle schools, campus-based secondary school courses, and postsecondary educational institutions. (4) Teacher credentials. (5) Counseling and guidance. (6) Business and industry involvement. (7) Local labor market review. (8) Required actions of local governing boards. (9) Other components determined by the Superintendent. (Added by Stats. 2006, Ch. 572, Sec. 19. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1. Regional Occupational Centers [52300 - 52334.7] SECTION 52334.7. Source version: id_b05e1c3d-1ea6-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1. (a) The Superintendent may certify, by name, any regional occupational center or program, county office of education, or adult education program established pursuant to Section 52501 that provides a program of training to prepare adult students for gainful employment in a recognized occupation, to legally authorize the center, program, or office to provide an educational program beyond secondary education, including an education program that leads to a degree or certificate, for purposes of the center, program, or office participating in any student financial assistance program authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (b) A regional occupational center or program, county office of education, or adult education program established pursuant to Section 52501 applying for certification pursuant to subdivision (a) shall comply with all of the following: (1) It shall admit as regular students to its program of training only those students who meet one or more of the following requirements: (A) Have a high school diploma. (B) Have the recognized equivalent of a high school diploma. (C) Are beyond the age of compulsory school attendance. (2) It shall provide an eligible program of training, as defined in Section 668.8 of Title 34 of the Code of Federal Regulations, as this section reads on July 1, 2015, to prepare students for gainful employment in a recognized occupation. (3) It shall be accredited or preaccredited. (4) It shall have been in existence for at least two years as described in subsection (b) of Section 600.6 of Title 34 of the Code of Federal Regulations, as this section reads on July 1, 2015. (5) It shall be an institution or site physically located in the state. (6) It shall agree to submit any dispute involving the final denial, withdrawal, or termination of its accreditation to initial arbitration before initiating any other legal action. (7) It shall satisfy all applicable eligibility requirements specified in federal rulemaking pursuant to Sections 600.6, 600.7, and 600.9 of Title 34 of the Code of Federal Regulations, as these sections read on July 1, 2015, other than the authorization provided for in subdivision (a). (8) It shall apply in writing to the Superintendent, as an individual center, program, or office, to be considered for certification pursuant to subdivision (a). (c) Any person may file a complaint under the Uniform Complaint Procedures, as set forth in Title 5 of the California Code of Regulations, regarding an alleged violation by a local agency of federal or state law or regulations governing adult education programs established pursuant to Section 52501 or regional occupational centers and programs. (d) The Superintendent shall adopt regulations that authorize any person to file a complaint under the Uniform Complaint Procedures, as set forth in Title 5 of the California Code of Regulations, regarding an alleged violation by a county office of education of federal or state law or regulations governing that county office’s participation in any student financial assistance program authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (e) The Superintendent may decertify, for purposes of participating in any student financial aid assistance program authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.), a regional occupational center or program, county office of education, or adult education program established pursuant to Section 52501 previously certified in accordance with subdivision (a) if the Superintendent determines that the regional occupational center or program, county office of education, or adult education program established pursuant to Section 52501 is no longer in compliance with the requirements outlined in subdivision (b). (Added by Stats. 2015, Ch. 22, Sec. 2. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1.5. Apportionment of Funds for Regional Occupational Centers [52335 - 52335.12] SECTION 52335. Source version: id_a3648a3e-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1.5. For purposes of this article, “ROC/P” means regional occupational center or program. (Amended by Stats. 2015, Ch. 19, Sec. 109. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1.5. Apportionment of Funds for Regional Occupational Centers [52335 - 52335.12] SECTION 52335.12. Source version: id_7e3aba76-e41a-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1.5. (a) As a condition of receiving state or federal funds, the regional occupational center or program shall report annually to the department the academic and workforce preparation progress of the secondary pupils enrolled in the center or program. Indicators to measure that progress shall include, but are not limited to, the California Assessment of Student Performance and Progress, established pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33, and other indicators of academic and workforce preparation success, such as reduced dropout rates, workforce preparation, increased matriculation into postsecondary educational institutions, and other measures as determined by the department. (b) This section shall become effective only when the longitudinal data on pupils enrolled in regional occupational centers and programs can be disaggregated from the California longitudinal pupil achievement data system database, established pursuant to Chapter 10 (commencing with Section 60900) of Part 33. (Amended by Stats. 2017, Ch. 641, Sec. 14. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1.7. Career Preparatory Program [52336 - 52336.5] SECTION 52336. Source version: id_d863d87e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1.7. (a) Any business, trade or professional association, union, or state or local governmental agency operating within this state may establish and operate, under the auspices of the local school district, a career preparatory program within this state that meets the requirements of this article. (b) As part of a career preparatory program, an entity establishing and operating the program shall develop and implement a course of instruction for all pupils enrolled in the program that satisfies the requirements of Section 51225.3 applicable to grades 11 and 12. (c) Subject to the development of the course of instruction delineated in subdivision (b) and to continuing certification by the State Department of Education, an entity establishing and operating a career preparatory program may propose and implement a program that is designed to provide on-the-job training and instruction in specific career technical skills to prepare students for future employment. (d) An entity establishing and operating a career preparatory program shall present pupils who have successfully completed all aspects of the program with a certificate of completion that shall supplement a high school diploma. (Amended by Stats. 2000, Ch. 1058, Sec. 59. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1.7. Career Preparatory Program [52336 - 52336.5] SECTION 52336.1. Source version: id_d863d880-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1.7. Any pupil who has successfully completed his or her education through grade 10, with the written consent of his or her parent or guardian, may choose to follow either a traditional college preparatory curriculum or a career preparatory program established pursuant to Section 52336. (Added by Stats. 1994, Ch. 1180, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1.7. Career Preparatory Program [52336 - 52336.5] SECTION 52336.3. Source version: id_d863d882-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1.7. (a) The State Department of Education shall adopt rules and regulations by January 1, 1996, in relation to the following: (1) An application process for entities that are seeking to establish and operate a career preparatory program pursuant to Section 52336 that includes, but is not limited to, the name of the entity, the organizational structure of the entity, its years of operation within the state, its financial stability, and the type of career preparatory program to be offered. (2) An application process for pupils who are seeking to enroll in a career preparatory program established pursuant to Section 52336 that includes, but is not limited to, the age of the pupil, transcripts, or other official documents that show successful completion of his or her education through grade 10, and written consent for participation in the career preparatory program from the parent or guardian of the pupil. (3) An initial and continuing certification process to ensure that the entity seeking to establish and operate a career preparatory program pursuant to Section 52336 develops and implements the course of instruction set forth in subdivision (b) of Section 52336. (4) A process to evaluate and certify that pupils have successfully completed the course of instruction set forth in subdivision (b) of Section 52336. This process may include the successful completion of standardized achievement tests as developed by the State Department of Education. (5) Any other necessary standards or policies to govern the administration of career preparatory programs established under this article. (b) The rules and regulations adopted pursuant to this section shall be published for distribution as soon as practicable after adoption. (Added by Stats. 1994, Ch. 1180, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 1.7. Career Preparatory Program [52336 - 52336.5] SECTION 52336.5. Source version: id_d863d884-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=1.7. (a) A private entity establishing a career preparatory program pursuant to this article shall not be eligible for any moneys from the state or any school district. (b) An entity establishing a career preparatory program pursuant to Section 52336 may contract for assistance in the development or administration of that program with one or more of the following: (1) A community college district. (2) A school district that operates an adult education program. (3) A regional occupational center or program. (4) Any other public career technical education program. (Amended by Stats. 2000, Ch. 1058, Sec. 60. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52370. Source version: id_d86b79d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. The governing board of any high school district may provide for the maintenance on Saturday of special day and evening classes in career technical training authorized and provided for by any program of national defense of the federal government, or any agency thereof, acting through the State Department of Education. No apportionments from state funds based upon average daily attendance in special day or evening classes, whether maintained on Saturday or other days, shall be made where the total cost of the classes is borne by the federal government, or any agency thereof. (Amended by Stats. 2000, Ch. 1058, Sec. 68. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52371. Source version: id_d86d0076-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. Pilot programs may be established by school districts to provide for the maintenance on Saturday of classes in career technical training, upon the approval of the Superintendent of Public Instruction. Career technical training may be a part of, but is not limited to, a program of national defense of the federal government, or any agency thereof. No apportionments to districts from state funds based upon average daily attendance in these classes, whether maintained on Saturday or other days, shall be made where the total cost of the classes is borne by the federal government, or any agency thereof. (Amended by Stats. 2000, Ch. 1058, Sec. 69. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52372. Source version: id_d86d0078-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. The governing board of any high school district, subject to the provisions of this code relating to courses of study for high schools, the governing board of any joint powers regional occupational center or program, or the county superintendent of schools which conducts any county-operated regional occupational center or program, may establish and maintain, in connection with any high school or regional occupational center or program under its or his or her jurisdiction, cooperative career technical education programs or community classrooms as part of a career technical education course in accordance with rules and regulations prescribed by the Superintendent of Public Instruction. (Amended by Stats. 2000, Ch. 1058, Sec. 70. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52372.1. Source version: id_d86d007a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. (a) The Superintendent of Public Instruction shall adopt rules and regulations for cooperative career technical education programs and community classrooms. The rules and regulations shall include, but need not necessarily be limited to, all of the following: (1) Selection and approval of work and training stations. (2) Related classroom instruction. (3) Supervision of students while in training. (4) Joint venture training agreements and plans. (5) Student teacher ratios. (6) Paid and unpaid on-the-job experiences. (7) Credit for participation in cooperative career technical education programs and community classrooms. (b) As used in this section, “cooperative career technical education programs” includes cooperative agreements between schools and employers to provide students with paid on-the-job experiences, as well as career technical education instruction contributing to the student’s education and employability. (c) As used in this section, “community classrooms” includes instructional methodologies which are part of a career technical education course, and which may utilize the facilities and equipment of a public agency or private business to provide students the opportunity to expand competencies developed in a career technical course in unpaid on-the-job experiences. (d) Joint venture agreements shall be entered into between the director and the management of the community classroom site to ensure that students will be provided, through unpaid on-the-job experiences, the opportunity to expand the competencies developed in the classroom instruction portion of their training. Each instructor, in cooperation with the business or agency in which the student will be placed, shall develop an individualized training plan for each pupil enrolled in a community classroom. (e) All statutes and regulations applicable to minors in employment relationships apply to cooperative career technical education programs and to community classrooms. (f) For purposes of this section, “public agency” means any public agency capable of providing unpaid on-the-job experience meeting all of the following requirements: (1) The on-the-job experiences are in occupations for which there is a local job market. (2) The on-the-job experiences are equivalent to those which could be received for each specific occupational area as if they were held at a private business site. (Amended by Stats. 2000, Ch. 1058, Sec. 71. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52372.5. Source version: id_2710a911-3185-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. (a) For purposes of this section, a “linked learning program” is a program that is all of the following: (1) A multiyear, comprehensive high school program of integrated academic and technical study that is organized around a broad theme, interest area, or industry sector, including, but not necessarily limited to, the industry sectors identified in the model standards adopted by the state board pursuant to Section 51226. (2) A program that ensures that all pupils have curriculum choices that will prepare them for career entry and a full range of postsecondary options, including two- and four-year college, apprenticeship, and formal employment training. (3) A program that is comprised, at a minimum, of the following components: (A) An integrated core curriculum that meets the eligibility requirements for admission to the University of California and the California State University and is delivered through project-based learning and other engaging instructional strategies that intentionally bring real-world context and relevance to the curriculum where broad themes, interest areas, and career technical education are emphasized. (B) An integrated technical core of a sequence of at least four related courses, that may reflect career technical education standards-based courses, that provide pupils with career skills, that are aligned to and underscore academic principles, and to the extent possible fulfill the academic core requirements listed in subparagraph (A). (C) A series of work-based learning opportunities that begin with mentoring and job shadowing and evolve into intensive internships, school-based enterprises, or virtual apprenticeships. (D) Support services, including supplemental instruction in reading and mathematics, that help pupils master the advanced academic and technical content that is necessary for success in college and career. (b) The Superintendent, in conjunction with the Office of the Secretary for Education, the California Community Colleges, the University of California, the California State University, the Employment Development Department, both houses of the California Legislature, teachers, chamber organizations, industry representatives, research centers, parents, school administrators, representatives of regional occupational centers and programs, community-based organizations, labor organizations, and others deemed appropriate by the Superintendent, shall develop a report that explores the feasibility of establishing and expanding additional linked learning programs in California, including the costs and merits associated with expansion of these programs. Linked learning programs created for high schools may include, but are not limited to, California partnership academies, regional occupational centers and programs, charter schools, academies, small learning communities, and other career-themed small schools. (c) The report described in subdivision (b) shall do all of the following: (1) Identify regulations, policies, and practices that need to be added, deleted, or amended in order to promote the development and expansion of linked learning programs. (2) Set forth a reasonable timeline for the development and expansion of linked learning programs. (3) Include at least all of the following components: (A) Assessment of the current capacity of the department for the purpose of maximizing the development of these programs. (B) Identifying the possible roles and responsibilities of other departments or agencies to assist in developing or expanding linked learning programs. (C) An assessment of the appropriateness of school districts fulfilling the requirements set forth in subdivisions (a) and (b) of Section 51228 by developing industry-focused linked learning programs, including those described in this section. (D) Methods for developing and sharing models of integrated curriculum and instruction. (E) Strategies for increasing the course options and instructional time for pupils in high school. (F) Plans for increasing opportunities for high-quality learning based on real-world applications in industry and careers. (G) Methods for improving alignment of curriculum between middle schools and high schools with career instruction, exploration, and counseling for middle school pupils. (H) Methods for improving coordination and articulation between high schools and postsecondary institutions, including, but not limited to, California Community Colleges, the California State University, and the University of California. (I) Recommendations for increasing the supply of teachers who can teach effectively in a linked learning setting that aims to prepare pupils for a full range of postsecondary options. Necessary specialized skills include, but are not limited to, the abilities to design interdisciplinary projects and use project-based learning as an instructional strategy, work with other teachers in a team-teaching arrangement, develop curriculum that effectively integrates academic and technical content, design and utilize high-quality work-based learning to reinforce lessons in both academic and technical courses, and develop authentic pupil assessments. (J) Recommendations for increasing the supply of schoolsite and district administrators who can effectively create and manage schools that are implementing one or more industry-focused linked learning programs. Necessary specialized skills include, but are not limited to, the abilities to develop and sustain partnerships with industry partners, recruit and retain uniquely qualified teachers, guide development of integrated curriculum, understand needs for and provide teacher professional development, guide development of comprehensive guidance systems that integrate college advising and career counseling, guide development of a coordinated and sequenced work-based learning component, and utilize data to assess pupil readiness for college and career. (K) Recommendations for supporting regional coalitions in planning and developing programs. (L) Evaluation of current linked learning programs, including partnership academies, regional occupational centers or programs and postsecondary linked learning programs, including middle colleges and early college models. (M) Recommendations for increasing and improving in-school support services. (N) Recommendations for incorporating new measures into the state’s accountability system to better assess the results of these linked learning programs. (O) Assessment of the budgetary implications of offering all pupils access to these linked learning programs. (d) For purposes of completing the report described in subdivision (b), the Superintendent is authorized to use existing state resources and federal funds. If state or federal funds are not available or sufficient, the Superintendent may apply for and accept grants and receive donations, and other financial support from public or private sources for purposes of this section. (e) In developing the report, the Superintendent may accept support including, but not necessarily limited to, financial and technical support, from high school reform advocates, teachers, chamber organizations, industry representatives, research centers, parents, and pupils. (f) The Superintendent shall report to the Legislature as to the status of completing the report and any preliminary recommendations no later than July 1, 2009. (g) The Superintendent shall submit a final report with recommendations to the Legislature and the Governor no later than December 1, 2009. (Amended by Stats. 2011, Ch. 616, Sec. 2. (AB 790) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52373. Source version: id_d86d007c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. (a) The governing board of any high school district maintaining an agriculture course may transport pupils, instructors, or supervisors of classes to and from any classes or places where the work of the classes is being done, whether within or without the district, in the same manner and subject to the same limitations as in transporting pupils to and from school. (b) No pupil shall be required to pay any fee or charge for transportation associated with activities of career technical student organizations which are a part of a career technical class or course of instruction offered for credit, when those activities are integral to assisting the pupil to achieve the career objectives of the class or course. (Amended by Stats. 2000, Ch. 1058, Sec. 72. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52374. Source version: id_d86e871e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. The duties, powers, purposes, responsibilities, and jurisdiction of the governing board of any high school district with respect to any high school established in the district prior to August 14, 1929, and not supported in whole or in part by any funds derived from the levy of any district tax may, with the approval of the State Board of Education, acting upon the recommendation of the Superintendent of Public Instruction, be transferred to the Chief of the Division of Vocational Education in the Department of Education who may appoint any qualified person to exercise immediate supervision over the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52375. Source version: id_d86e8720-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. No pupil shall be required to pay any fee or charge for enrollment or participation in activities of career technical student organizations which are a part of a career technical class or course of instruction offered for credit, when those activities are integral to assisting the pupil to achieve the career objectives of the class or course. This section shall apply to activities which occur during or outside of the regular schoolday. This section does not constitute a change in, but is declaratory of, existing law. Furthermore, this section shall not be construed to authorize a fee or charge for any pupil to enroll or participate in any activity other than career technical student organizations. (Amended by Stats. 2000, Ch. 1058, Sec. 73. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52376. Source version: id_d86e8722-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. (a) The governing board of any school district that maintains a high school may expend supplemental funding apportioned pursuant to Section 54761 for the purposes of this section. Any governing board that expends supplemental grant funding pursuant to this section or accepts other funds made available for purposes of this section shall do all of the following: (1) By May 1, 1991, establish procedures and policies required pursuant to subdivision (b). (2) By July 1, 1992, establish a program required pursuant to subdivision (c). (b) The governing board of each school district that elects to utilize supplemental grant funding or accept other funds for the purposes of this section shall do the following: (1) Establish district policies and procedures to systematically review career technical education classes offered by the district to determine the degree to which each class may offer an alternative means for completing and receiving credit for specific portions of the district’s prescribed course of study to graduate from high school. The governing board shall ensure that those classes are equivalent, in terms of content and rigor, to the courses prescribed in subdivision (a) of Section 51225.3. (2) Establish district policies and procedures to compare, not less than every three years, the local curriculum, course content, and course sequence of career technical education programs in the district with the state model curriculum standards for career technical education. (c) Each governing board expending supplemental grant funding or accepting other funds made available for the purposes of this section shall develop and implement, in consultation with the regional occupational center or program and community college serving the geographic area of the school district, a career technical education program that meets at least the following criteria: (1) Provides a series of career technical education programs, each of which offers a sequence of courses leading to specific competencies that will enable pupils to manage personal and work life and attain entry level employment in business or industry upon graduation from high school. The plan to provide a series of career technical education programs shall be consistent with local agreements with regional occupational centers and programs and community colleges regarding the responsibilities for the provision and articulation of services among those local agencies. Each governing board shall also develop and implement plans for articulation of career technical courses, or both career technical and technical courses, with the community colleges to extend the sequence of courses through grades 13 and 14. (2) Conducts or obtains access to needs data and assessment of local business and industry to ensure that the career technical education programs offered will prepare pupils in competencies for which employment opportunities exist. (3) Provides counseling and guidance services to pupils to help them meet all necessary requirements for high school graduation and make informed career preparation choices. Counseling and guidance services provided to promote the purposes of this section may include counseling for pupils in grades 6 to 12, inclusive. (4) Involves business and industry in cooperative projects with the schools to provide work experience opportunities, instructors from business and industry, assistance with needs assessments and program evaluations, and access to business and industry employment placement services. (5) Provides access to employment placement services to help graduating pupils obtain employment. (6) Includes a system of data collection to report annually to the governing board on the success or failure of each career technical education program in terms of all of the following: (A) Pupils achieving the desired competencies. (B) Pupils securing employment, particularly in jobs related to the area of their career technical preparation. (C) Pupils proceeding to advanced education and training at the postsecondary level. (D) Number and types of career technical classes offered and the number of those classes that qualify as alternative means to complete the prescribed course of study pursuant to subdivision (b) of Section 51225.3. (E) Number of pupils enrolled in career technical classes. (Amended by Stats. 2000, Ch. 1058, Sec. 74. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 4. High School Career Technical Courses [52370 - 52377] SECTION 52377. Source version: id_d86e8724-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=4. Any reference to “vocational” education, skill training, instruction, or training in this code shall be deemed to be a reference to “career technical” education, skill training, instruction, or training. (Added by Stats. 2000, Ch. 1058, Sec. 75. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 5. Summer Vocational Education [52381 - 52386] SECTION 52381. Source version: id_d8700dc8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=5. The Legislature finds that it is urgently necessary to reduce the continuing high level of unemployment among the youth and young adults by broadening and strengthening the existing career technical education programs to provide them with the necessary work skills in order that they will be equipped to participate in a meaningful manner in our ever increasingly technical society. It is the intent of the Legislature by the provisions of this article to afford a means whereby school districts may broaden and strengthen the existing career technical education programs and to provide the districts with necessary financial support to enable them to implement career technical training and work programs during the summer months for the unemployed youth and young adults so that they may be trained in marketable work skills and earn funds as may be necessary to enable them to continue their education. (Amended by Stats. 2000, Ch. 1058, Sec. 76. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 5. Summer Vocational Education [52381 - 52386] SECTION 52382. Source version: id_ecd9e4ab-5919-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=5. A program of summer career technical and technical education may be established pursuant to this article by the governing board of any school district maintaining one or more high schools. Pupils who have completed grades 9 to 12, inclusive, may be permitted to participate in a program. Summer career technical and technical education programs shall consist of training and instruction in any skills and crafts in which ample opportunities for gainful employment are to be found. The program may include work experience involving the gainful employment of pupils. (Amended by Stats. 2021, Ch. 296, Sec. 17. (AB 1096) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 5. Summer Vocational Education [52381 - 52386] SECTION 52383. Source version: id_d8700dcc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=5. Wages earned by pupils participating in a program of summer career technical and technical education, shall be paid weekly, or, if not reasonably possible, biweekly. (Amended by Stats. 2000, Ch. 1058, Sec. 78. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 5. Summer Vocational Education [52381 - 52386] SECTION 52386. Source version: id_a009791f-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=5. The governing board of a school district may contract with and receive and expend funds from any other public or private agency, foundation, or corporation for the purposes of this article. The governing board of a school district may cooperate with public and private institutions of higher education in conducting programs pursuant to this article. (Amended by Stats. 2015, Ch. 538, Sec. 34. (SB 416) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 6. Summer Environmental Internship Program [52410 - 52414] SECTION 52410. Source version: id_d8731b1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=6. Upon the approval of appropriate school district personnel, or the approval of the county superintendent of schools as to students under his jurisdiction, and with the written approval of the parent or guardian of the student, a student in grade 11 or 12, who will be at least 17 years of age at the commencement of his junior year, may be employed as an environmental intern by a federal, state, or local agency in California concerned with the regulation of natural resources or with the protection of the environment during the summer vacation period. These agencies shall include, but not be limited to, the Resources Agency, the Agriculture and Services Agency, the Business and Transportation Agency, the Department of Fish and Game, the Department of Conservation, the Department of Parks and Recreation, the Department of Water Resources, the State Water Resources Control Board, the State Air Resources Board, the State Lands Division, California regional water quality control boards, air pollution control districts, mosquito abatement districts, soil conservation districts, local planning agencies, and county and city park and recreation departments. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 6. Summer Environmental Internship Program [52410 - 52414] SECTION 52411. Source version: id_d8731b1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=6. Duties of environmental interns employed pursuant to this article shall be established by the employing agency in conjunction with the local school district or the county superintendent of schools and shall be oriented toward providing maximum exposure to problems of environmental control and resource use. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 6. Summer Environmental Internship Program [52410 - 52414] SECTION 52412. Source version: id_d8731b20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=6. Approval of environmental internships shall be required by the district superintendent or the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 6. Summer Environmental Internship Program [52410 - 52414] SECTION 52413. Source version: id_d8731b22-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=6. Successful completion of a summer program and submission by the environmental intern of a suitable project report to the school district may result in academic credit toward graduation from high school. Such students may be deemed to be temporarily employees of the agency involved for purposes of social security, unemployment insurance, and workers’ compensation or may be deemed for these purposes to be employees of the school district or the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 6. Summer Environmental Internship Program [52410 - 52414] SECTION 52414. Source version: id_d874a1c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=6. The school district or county superintendent of schools and the employing agency shall jointly apply to the Conservation Education Service for funds. The Superintendent of Public Instruction, upon the recommendation of the Curriculum Development and Supplemental Materials Commission, and with the approval of the State Board of Education, is authorized to make grants for the purposes of this article, and for remuneration of interns and for travel and other job-related expenses, in an amount per person not to exceed three hundred twenty dollars ($320) per month. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7. Agricultural Career Technical Education [52450 - 52454] SECTION 52450. Source version: id_d874a1c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7. The Legislature of the State of California recognizes that agriculture is the most basic and singularly important industry in the state, that agriculture is of central importance to the welfare and economic stability of the state, and that the maintenance of this vital industry requires a continued source of trained and qualified individuals for employment in agriculture and agribusiness. The Legislature hereby declares that it is within the best interests of the people of the State of California that a comprehensive career technical education program in agriculture be created and maintained by the state’s school system in order to ensure an adequate supply of trained and skilled individuals and to ensure appropriate representation of racial and ethnic groups in all phases of the industry. For this purpose, the Legislature affirms that a state program for agricultural career technical education shall be established. It is the intent of the Legislature that a state program for agricultural education shall be a part of the curriculum of the state school system and made readily available to all school districts who may, at their option, include programs in career technical education in agriculture as a part of the curriculum of that district. (Amended by Stats. 2000, Ch. 1058, Sec. 82. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7. Agricultural Career Technical Education [52450 - 52454] SECTION 52451. Source version: id_d874a1ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7. The State Department of Education shall adopt such rules and regulations as are necessary to implement the provisions of this article. The rules and regulations shall not create any new state mandates on school districts or county offices of education as a condition of receiving federal, state, and local funds by those entities. It is the intent of the Legislature that, although this article does not create any new mandates, school districts and county offices of education are strongly advised to follow the guidelines set forth in this article. (Added by Stats. 1981, Ch. 571, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7. Agricultural Career Technical Education [52450 - 52454] SECTION 52452. Source version: id_ffc4d2b8-a418-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7. (a) There is hereby created within the department an agricultural career technical education unit to assist school districts in the establishment and maintenance of educational programs established pursuant to this article. (b) The staffing of the unit shall at all times be composed of an appropriate number of full-time employees, including the State Supervisor of Agricultural Career Technical Education and the Assistant State Supervisor of Agricultural Career Technical Education. The State Supervisor of Agricultural Career Technical Education shall, under the direction of the Superintendent, assume responsibility for the administration of the state program adopted under this article throughout the public school system as well as the articulation of the state program to the requirements and mandates of federally assisted career technical education. The Assistant State Supervisor of Agricultural Career Technical Education shall, under the direction of the State Supervisor of Agricultural Career Technical Education, assume responsibility for the coordination of the state program of agricultural career technical education adopted under this article and the coordination of the activities of student agricultural organizations and associations. (c) (1) An appropriate number of employees of the department shall serve as regional program consultants in agricultural career technical education in a manner that ensures statewide coverage. Duties of a regional program consultant in agricultural career technical education include, but are not limited to, all of the following: (A) Providing technical assistance to school districts, including teachers, counselors, principals, superintendents, and others as needed to develop, maintain, and strengthen local agricultural programs. (B) Assisting with the administration of local agricultural programs, including collecting information relating to program participation, interacting with and serving as a point of contact for local educational agencies, participating in regional or state meetings, and serving on committees and task forces, as assigned. (C) Identifying, conducting, or overseeing professional development opportunities for teachers to improve teacher performance and better integrate agriculture into the curriculum. (D) Organizing career technical student organization activities that promote leadership development for all pupils, including serving as a regional advisor for pupil officers. (E) Acting as a liaison between the department, local educational agencies, postsecondary educational institutions, business and industry groups in agriculture-related fields, and other agencies providing agricultural education. (2) Each regional program consultant shall be geographically located within the region for which the regional program consultant is assigned, and to the extent possible, geographically located in those areas most readily accessible to the school districts they assist. (d) The department shall accomplish the staffing of the agricultural career technical education unit in compliance with this article by prioritizing the use of funding provided pursuant to the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V) (Public Law 115-224) for this purpose and by reassigning priorities in staff assignments within the department in a manner that will not result in new costs to the state as a consequence. (Amended by Stats. 2019, Ch. 51, Sec. 40. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7. Agricultural Career Technical Education [52450 - 52454] SECTION 52453. Source version: id_d874a1ce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7. (a) The State Director of Career Technical Education shall establish and convene an Agricultural Advisory Committee representative of the various and diverse areas of the agricultural industry in California. (b) The committee shall be composed of the following: (1) A representative from a university conducting teacher training in career technical agriculture. (2) A representative from a community college conducting career technical education in agriculture. (3) A representative from a high school conducting a program of career technical education in agriculture. (4) A representative from a school conducting general education in agriculture. (5) A parent of a pupil enrolled in career technical education in agriculture. (6) Nine other individuals representing diverse agricultural interests from various geographic locations in the state. The State Supervisor of Agricultural Education shall serve as the committee consultant. (c) It shall be the purpose of this committee to advise, in an ongoing manner, the State Supervisor of Agricultural Education, the Superintendent of Public Instruction, and the State Board of Education on policy matters pertaining to the state program of agricultural career technical education. The advice of the committee shall include, but not be limited to, the development of a curriculum and a strategy for the purpose of establishing a source of trained and qualified individuals in agriculture, a strategy for articulating the state program in agricultural career technical education throughout the state school system, and a consumer education outreach strategy regarding the importance of agriculture in California. (d) The committee shall serve without compensation, including travel and per diem and shall operate in accordance with the established policies of the State Department of Education. (Amended by Stats. 2000, Ch. 1058, Sec. 84. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7. Agricultural Career Technical Education [52450 - 52454] SECTION 52454. Source version: id_d8762870-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7. (a) The curriculum of school districts that choose to participate in the state program of agricultural career technical education shall include all of the following components: (1) Organized classes in the study of agricultural science and technology. (2) A student-supervised occupational experience program in agriculture. (3) A program of leadership, organization, and personal development. (b) Student learning activity developed to supplement these components shall be considered curricular and shall contribute to the grade of the participating student when those activities are integral to assisting the student to achieve the career objective of the class or course. It is the intent of the Legislature that opportunities are provided for teachers to be employed on a 12-month basis in order to maintain supervised occupational experience on a year-round basis for students enrolled in agricultural career technical programs. (Amended by Stats. 2000, Ch. 1058, Sec. 85. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7.5. Agricultural Career Technical Education Incentive Program [52460 - 52462] SECTION 52460. Source version: id_d8762874-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7.5. The governing board of a school district which operates an agricultural career technical education program may apply to the Superintendent of Public Instruction for an incentive grant, pursuant to this article, for the purpose of purchasing or leasing agricultural career technical education equipment. (Amended by Stats. 2000, Ch. 1058, Sec. 87. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7.5. Agricultural Career Technical Education Incentive Program [52460 - 52462] SECTION 52461. Source version: id_d8762876-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7.5. The Superintendent of Public Instruction shall award grants to applicant school districts which meet the following requirements: (a) The school district shall contribute an amount of funds equal to the amount of the grant to the purchase or lease of equipment for use in agricultural career technical education programs. (b) The school district shall certify to the Superintendent of Public Instruction that the grant funds received and the matching funds contributed by the district shall be used solely for the purpose of purchasing or leasing equipment for use in agricultural career technical education programs. (Amended by Stats. 2000, Ch. 1058, Sec. 88. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7.5. Agricultural Career Technical Education Incentive Program [52460 - 52462] SECTION 52461.5. Source version: id_d8762878-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7.5. (a) For purposes of this article, “agricultural career technical education equipment” shall mean any nonsalary item of expenditure, including, but not limited to, capital outlay, for approved agricultural career technical education programs. (b) Notwithstanding any other provision of law, any requirement of this article or any other provision chaptered during the 1983–84 fiscal year that school districts contribute local matching funds to be eligible for state funds for nonsalary costs of career technical agriculture programs may be waived by the Superintendent of Public Instruction if he or she finds that a matching requirement would create a financial hardship for any school district. (Amended by Stats. 2000, Ch. 1058, Sec. 89. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 28. GENERAL INSTRUCTIONAL PROGRAMS [51000 - 53303] CHAPTER 9. Career Technical Education [52300 - 52462] ARTICLE 7.5. Agricultural Career Technical Education Incentive Program [52460 - 52462] SECTION 52462. Source version: id_d877af1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=28.&chapter=9.&article=7.5. The State Board of Education may, with the advice of the Superintendent of Public Instruction, adopt rules and regulations governing the distribution of funds provided for purposes of this article and shall adopt criteria for assessing whether school districts have met the requirements of Section 52461. (Amended by Stats. 1988, Ch. 1461, Sec. 24.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54000. Source version: id_d90a78e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. It is the intent of the Legislature to provide quality educational opportunities for all children in the public schools. The Legislature recognizes that a wide variety of factors such as low family income, pupil transiency rates, and large numbers of homes where a primary language other than English is spoken have a direct impact on a child’s success in school and personal development, and require that different levels of financial assistance be provided districts in order to assure a quality level of education for all pupils. (Repealed and added by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54001. Source version: id_d90a78e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. From the funds appropriated by the Legislature for the purposes of this chapter, the Superintendent of Public Instruction, with the approval of the State Board of Education, shall administer this chapter and make apportionments to school districts to meet the total approved expense of the school districts incurred in establishing education programs for pupils who qualify economically and educationally in preschool, kindergarten, or any of grades 1 through 12, inclusive. Funds provided pursuant to this chapter in any fiscal year but not expended by school district in that fiscal year may be expended in subsequent fiscal years. Nothing in this chapter shall in any way preclude the use of federal funds for educationally disadvantaged youths. Districts which receive funds pursuant to this chapter shall not reduce existing district resources which have been utilized for programs to meet the needs of educationally disadvantaged students. (Amended by Stats. 1978, Ch. 893.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54003. Source version: id_d90bff86-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. Under rules and regulations established by the State Board of Education, participating school district governing boards shall evaluate the effectiveness of participating schools and shall terminate entitlements to schools which are unsuccessful over a four-year period in substantially meeting their objectives of the approved school site plan, as defined in Section 54004.1. It is the intent of the Legislature that to the extent feasible the State Board of Education develop rules and regulations that will assure consistency between subdivision (f) of Section 52034 and this section. (Repealed and added by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54004.1. Source version: id_8a5ee7f7-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. For fiscal year 1979–80 and each year thereafter, the Superintendent of Public Instruction shall apportion funds available for programs in accord with procedures specified in this chapter and rules and regulations established by the State Board of Education. Funds shall be allocated to each district within its entitlement based upon the following: (a) A district allocation plan developed pursuant to Sections 54004.3, 54004.5, and 54004.7, which shall be submitted to the Superintendent of Public Instruction and approved by the State Board of Education. (b) A school plan, including any modification for each school receiving funds allocated pursuant to Sections 54004.5 and 54004.7, which has been approved by the governing board of the school district and is retained at the school site and at the school district office. This plan shall be available to the Superintendent of Public Instruction upon demand and shall be made available to the public on a reasonable basis pursuant to the provisions of the California Public Records Act, Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. The plan shall include, but not be limited to: (1) An explicit statement of what the school seeks to accomplish. (2) A description of the program and activities designed to achieve these purposes. (3) A planned program of annual evaluation, including a statement of criteria to be used to measure the effectiveness of the program. (c) Schools that provide programs pursuant to subdivision (a) of Section 52165 shall include those programs in the school plan. (Amended by Stats. 2021, Ch. 615, Sec. 73. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54004.3. Source version: id_d90d862a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. It is the intent of the Legislature to provide all districts receiving impact aid with sufficient flexibility to design and administer an intra-district allocation system for impact aid which reflects the distribution and the needs of the needy population and assures the provision of services to students traditionally served by the educationally disadvantaged youth programs and bilingual education programs. (Added by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54004.5. Source version: id_d90d862c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. Under the rules and regulations established by the State Board of Education, school districts receiving entitlements for the 1979–80 year and thereafter under this chapter shall develop and submit to the Department of Education for approval an intra-district allocation plan for distribution of impact aid to schools with high concentrations of pupils in need. Such intra-district allocation plans shall include, but not be limited to: (a) A method for determining the eligibility of schools to receive impact aid based on the following factors which shall be given equal weight in the allocation of funds: (1) The number or percentage of limited- and non-English-speaking youth at individual school sites. (2) The number or percentage of students from low-income families at individual school sites as identified using data sources such as Aid to Families with Dependent Children, Federal Free Lunch, assessed value of single family residences, and census data. (3) The number or percentage of students with low academic achievement at individual school sites. In the development of its allocation plan, an eligible district may employ, other factors unique to the district which further identify numbers or concentrations of pupils in need of impact aid at individual school sites. (b) A method for determining the minimum and maximum levels of service expressed as an average amount per pupil, for schools scheduled to receive impact aid. (Added by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54004.7. Source version: id_d90d862e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. The intradistrict allocation plan shall assure adequate support to any school to provide programs appropriate to the educational needs of limited- and non-English-speaking pupils as required by Section 52165 except that programs funded under Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 in fiscal year 1978–79 in grades 7 to 12, inclusive, shall continue to receive appropriate funding if the governing board determines that the program is of sufficient quality to warrant the funding. (Amended by Stats. 1987, Ch. 1452, Sec. 448.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54005. Source version: id_d90d8630-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. The State Board of Education shall adopt regulations setting forth the standards and criteria to be used in the administration, monitoring, evaluation, and dissemination of programs submitted for consideration. (Repealed and added by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54007. Source version: id_d90d8634-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. In approving projects pursuant to this chapter, the Superintendent of Public Instruction, with the concurrence of the Director of Finance, may, upon the request of the applicant district, designate a portion of the district’s entitlement which may be expended for noninstructional costs, including, but not limited to, costs for vandalism, security, and insurance. In no event, shall the total amount of funds designated for such purposes for all districts in the state exceed two million dollars ($2,000,000). (Repealed and added by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 1. General Provisions [54000 - 54008] SECTION 54008. Source version: id_d90d8636-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=1. Expenditures pursuant to this chapter shall be considered to be categorical program expenditures within the meaning of Section 52165 and therefore subject to the requirements of the Chacon-Moscone Bilingual-Bicultural Education Act of 1976 (Article 3 (commencing with Section 52160) of Chapter 7 of Part 28 of Division 4 of this title). (Added by Stats. 1977, Ch. 894.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54020. Source version: id_970bf8d8-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. It is the intent of the Legislature that funds authorized pursuant to this chapter replace, as of July 1, 1979, funds previously authorized to support educationally disadvantaged youth programs and bilingual education. To that end, the purpose of this article is to provide a method of impact aid allocation to be utilized by the Superintendent, that will allow efforts initiated under those programs to continue and expand so long as a need exists while previously unserved and underserved populations are provided with adequate aid. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54021. Source version: id_9757a7da-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. For the 2006–07 fiscal year, the Superintendent shall make the following calculations for each school district: (a) Using the methodology specified in Section 54023, determine the economic impact aid-eligible pupil count for each school district for the 2005–06 fiscal year as if Section 54023 had been in effect for that fiscal year. (b) Divide the school district economic impact aid calculated funding in the 2005–06 fiscal year, excluding the minimum grant specified in Section 54031, as it read during that fiscal year, by the number calculated pursuant to subdivision (a). (c) For the purpose of calculating the economic impact aid allocations for the 2006–07 fiscal year, the quotient calculated in subdivision (b) shall be deemed to be the prior year economic impact aid per pupil amount for the 2006–07 fiscal year. (d) For the purpose of establishing a base year economic impact aid per pupil amount pursuant to this section, if a school district received an allocation for the economic impact aid program in the 2005–06 fiscal year, but has no economic impact aid eligible pupils as determined in Section 54023 for that year, the school district shall be deemed to have a prior-year economic impact aid per pupil amount for the 2006–07 fiscal year that is equal to the statewide average economic impact aid per pupil amount for the 2005–06 fiscal year calculated for the state as a whole as specified in subdivisions (a) and (b). (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54021.1. Source version: id_e6dab262-e3fc-11df-9c0b-aa0133d425a3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. (a) The Superintendent shall make the following calculations for each school district: (1) For the 2010–11 fiscal year, after calculating the economic impact aid allocation of each school district based on Section 54022, the Superintendent shall add to that allocation the amount the school district received, based on Section 404, for the English Language Acquisition Program in the 2009–10 fiscal year. A school district shall expend the funds added pursuant to this subdivision consistent with the parameters described in Section 54025 or Section 400, as it read on January 1, 2010. (2) The Superintendent shall divide the total amount provided to each school district in the 2010–11 fiscal year pursuant to paragraph (1) by the district’s total number of economic impact aid-eligible pupils in the 2010–11 fiscal year, calculated pursuant to Section 54023. (b) For the 2011–12 fiscal year, the amount calculated in subdivision (a) shall be the prior fiscal year economic impact aid per pupil amount for purposes of Section 54022. (Added by Stats. 2010, Ch. 724, Sec. 24. (AB 1610) Effective October 19, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54021.2. Source version: id_f228d4d4-e3fc-11df-9c0b-aa0133d425a3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. (a) Commencing with the 2010–11 fiscal year and each fiscal year thereafter, a juvenile court school operated by a county superintendent of schools shall be eligible to receive economic impact aid funding. (b) For the 2010–11 fiscal year, the Superintendent shall allocate to each juvenile court school operated by a county superintendent of schools the product of its economic impact aid-eligible pupil count calculated pursuant to Section 54023 multiplied by the current year economic impact aid statewide average per pupil rate for school districts based on subdivision (b) of Section 54021.1. (c) For the 2011–12 fiscal year, the Superintendent shall determine the allocation of each juvenile court school operated by a county superintendent of schools pursuant to the formulas described in Section 54022. (Added by Stats. 2010, Ch. 724, Sec. 25. (AB 1610) Effective October 19, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54022. Source version: id_40e53242-afc6-11dc-b302-fcbd1019d7cc Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. For the 2006–07 fiscal year and each fiscal year thereafter, each school district shall receive the amount of economic impact aid determined by the Superintendent pursuant to subdivision (b) or (c), whichever is greater, calculated for each school district according to all of the following: (a) Increase the prior fiscal year economic impact aid per pupil amount by the percentage change specified in paragraph (2) of subdivision (b) of Section 42238.1 for the current fiscal year. (b) Multiply the economic impact aid per pupil amount for the current fiscal year calculated in subdivision (a) by the economic impact aid-eligible pupil count for the current fiscal year as calculated in Section 54023. (c) A school district shall, at a minimum, receive funds based on the number of economic impact aid-eligible pupils according to the following schedule: (1) For the 2006–07 fiscal year, according to the following table: Number of economic impact aid-eligible pupils Amount 0 ........................ None 1–10 ........................ $5,500 11 or more ........................ $8,300 (2) For the 2007–08 fiscal year and each fiscal year thereafter, the minimum amounts for the schedule in paragraph (1) for the prior fiscal year shall be increased by the percentage change specified in paragraph (2) of subdivision (b) of Section 42238.1. (Amended by Stats. 2007, Ch. 730, Sec. 34. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54023. Source version: id_db2a3fc8-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. For each fiscal year, the economic impact aid-eligible pupil count shall be calculated for each school district as follows: (a) Determine the count of economically disadvantaged pupils, as defined in Section 54026. (b) Determine the count of English learners, as defined in subdivision (b) of Section 54026. (c) Calculate an economic impact aid weighted pupil concentration factor: (1) Add the pupil counts determined in subdivisions (a) and (b). (2) Divide the fall CBEDS enrollment for the school district for the prior school year by two. (3) Subtract from the sum calculated in paragraph (1) the quotient calculated in paragraph (2). (4) If the result of the calculation in paragraph (3) is greater than zero, multiply that difference by 0.5. If the result is less than zero, it shall be deemed to be zero. (d) The economic impact aid-eligible pupil count for each school district shall equal the sum of the pupil counts determined in subdivisions (a) and (b), and the weighted pupil concentration factor determined in subdivision (c). (e) In calculating the economic impact aid-eligible pupil count for a new charter school in its first year of operation, the department shall use CBEDS enrollment counts and counts of English learners reported in the current year instead of the prior year. (Amended by Stats. 2007, Ch. 730, Sec. 35. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54024. Source version: id_9842a420-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. The state board may, pursuant to Article 3 (commencing with Section 33050) of Chapter 1 of Part 20, waive any statutory provision or regulation regarding the use of funds apportioned pursuant to this article, provided that the funds are used in the same schools, or in schools with similar need levels, and the district demonstrates a reasonable case that the waiver will improve pupil services in those schools. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54025. Source version: id_988e2c12-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. (a) A school district shall expend economic impact aid funds to serve and assist English learners and economically disadvantaged pupils and may not expend those funds at schoolsites that do not have English learners or economically disadvantaged pupils. (b) A school shall use funds received pursuant to this article to support programs and activities designed to assist English learners achieve proficiency in the English language as rapidly as practicable and to support programs and activities designed to improve the academic achievement of English learners and economically disadvantaged pupils. (c) Funds received by school districts pursuant to this article shall supplement, and not supplant, existing resources at the schoolsite. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54026. Source version: id_5c814220-e3fd-11df-9c0b-aa0133d425a3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. For purposes of this article, the following definitions apply: (a) “Economically disadvantaged pupils” means either of the following, whichever is applicable: (1) Pupils described in Section 101 of Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6333(c)(1)(A)(B)). Counts of the pupils described in this paragraph shall be the counts used in the current year apportionment calculations for purposes of Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). (2) (A) Notwithstanding paragraph (1), for a small school district and for a juvenile court school operated by a county superintendent of schools, the product of the number of pupils eligible for participation in the free meals program for the prior fiscal year, as defined in subdivision (d), and the free meals adjustment factor. The free meals adjustment factor is the quotient, rounded to two decimal places, resulting from dividing the statewide total of economically disadvantaged pupils as defined in paragraph (1) by the statewide total of pupils eligible for participation in the free meals program for the prior fiscal year, as defined in subdivision (d). (B) Notwithstanding paragraph (1) or subparagraph (A), for charter schools that are funded through the block grant funding model pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 in the 2006–07 fiscal year, the department shall use counts as of October 2006 of pupils 5 to 17 years of age, inclusive, who are living with families whose annual income is at or below the federal poverty guideline, as collected through the first principal apportionment data collection process, as defined in Section 41601. Commencing in the 2007–08 fiscal year, the Superintendent shall use counts as of October of the prior year of pupils 5 to 17 years of age, inclusive, who are living with families whose annual income is at or below the federal poverty guideline, as collected through the first principal apportionment data collection process, as defined in Section 41601. For purposes of this subdivision, the department may use in the first year of operation of a charter school that is established on or after July 1, 2007, the current year counts of pupils 5 to 17 years of age, inclusive, who are living with families whose annual income is at or below the federal poverty guideline. (C) The Superintendent may expand upon an existing process of collecting free or reduced price meal data in order to collect from small districts, as defined in subdivision (c), counts of pupils living with families whose annual income is at or below the federal poverty guideline. (b) “English learner” means a pupil described in subdivision (a) of Section 306 or identified as a pupil of limited English proficiency, as that term is defined in subdivision (m) of Section 52163. Counts of the pupils described in this subdivision shall be the counts reported in the prior year language census. (c) “Small school district” means a school district that has an annual enrollment of less than 600 pupils based on prior school year CBEDS data and is, for the purposes of this section, designated a rural school by the Superintendent based on the appropriate school locale codes, as used by the National Center for Education Statistics of the United States Department of Education. (d) “Free meals” means the aggregate number of pupils meeting the income eligibility guidelines established by the federal government for free meals as reported for all schools for which the district is the authorizing agency. (e) For purposes of subparagraph (B) of paragraph (2) of subdivision (a), the count of economically disadvantaged pupils for a charter school that is operated pursuant to Section 47612.1 shall be calculated without regard to the age of the pupil. A pupil who resides in program housing shall be considered a family of one. (Amended by Stats. 2010, Ch. 724, Sec. 26. (AB 1610) Effective October 19, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54027. Source version: id_9927acf6-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. If a school district reorganizes either by unification or by consolidation with another school district of similar type, the Superintendent shall calculate an economic impact aid per pupil amount based on the respective per pupil amounts for each school district participating in the reorganization, weighted by the number of economic impact aid-eligible pupils contributed by each school district. The Superintendent shall use the appropriate data from the year prior to the year that the reorganization is effective for all purposes. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54028. Source version: id_99738308-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. Notwithstanding any other provision of law, the provisions of this article are subject to Sections 62002.5 and 62004, and to the portions of Section 62003 that relate to auditing the use of funds allocated for purposes of economic impact aid. (Repealed and added by Stats. 2006, Ch. 79, Sec. 15. Effective July 19, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 1. Educationally Disadvantaged Youth Programs [54000 - 54029] ARTICLE 2. Economic Impact Aid [54020 - 54029] SECTION 54029. Source version: id_7afc83ca-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=1.&article=2. As a condition of the receipt of economic impact aid funds, a school district shall post in an easily accessible location on its Internet Web site data related to economic impact aid funding, for purposes of budget transparency, including all of the following: (a) The amount of economic impact aid allocated to the school district in that fiscal year. (b) The amount of economic impact aid used by the school district for administrative costs in that fiscal year. (c) The amount of economic impact aid expended for limited-English-proficient pupils in that fiscal year and the prior fiscal year by the school district and by each school within the district. (d) The amount of economic impact aid expended for state compensatory education in that fiscal year and the prior fiscal year by the school district and by each school within the district. (e) The amount of unexpended economic impact aid and an explanation of why these funds have not been expended. (Added by Stats. 2012, Ch. 573, Sec. 1. (SB 754) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 1. General Provisions [54400 - 54407] SECTION 54400. Source version: id_d925efb4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=1. This chapter may be cited as the McAteer Act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 1. General Provisions [54400 - 54407] SECTION 54401. Source version: id_d925efb6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=1. The Legislature finds and declares that because of home, community, environmental and other conditions which give rise to language, cultural and economic disadvantages, the latent talents of many minors in the elementary and secondary schools in the state remain undiscovered and are not adequately developed by the general educational programs afforded by the public school system and private schools or school systems. It is the intent and purpose of the Legislature to encourage the establishment and development, by local officers and agencies of the public school system, of programs directed to identifying those pupils affected by language, cultural, and economic disadvantages who are potentially capable of completing the regular courses of instruction leading to graduation from the public elementary and secondary schools, and by special services, techniques, and activities to stimulating their interest in intellectual and educational attainment. It is further recognized that to combat effectively the evils of such disadvantage a comprehensive, communitywide and statewide cooperative effort will be required together with a marshaling of all public and private resources and aids which may be useful in the endeavor. Securing cooperation, unity of action, and the concentration and effective direction of available outside resources and aids, public and private, should be an essential element of the programs for compensatory education, at both the state and local levels. The Legislature finds that such special undertakings are essential to the conservation and development of the cultural, economic and intellectual resources of the state and nation. The provisions of this chapter shall be liberally construed to carry out these intents and purposes. Nothing in this chapter shall be construed to sanction, perpetuate or promote the racial or ethnic segregation of pupils in the public schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 1. General Provisions [54400 - 54407] SECTION 54402. Source version: id_d925efb8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=1. For purposes of this chapter, a “disadvantaged minor” is a minor who is potentially academically able but scholastically underachieving, and must compensate for inability to profit from the normal educational program. He is a minor who: (a) Is three years of age or more, but under 18 years of age and has not graduated from high school. (b) Is potentially capable of successfully completing a regular educational program leading to graduation from the elementary or secondary school in which he is enrolled or required to be enrolled. (c) Is, because of home and community environment, subject to such language, cultural, economic, and like disadvantages as will make improbable his completion of the regular program leading to graduation without special efforts on the part of school authorities, over, above, and, in addition to those involved in providing the regular educational programs, directed to the positive stimulation of his potential. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 1. General Provisions [54400 - 54407] SECTION 54403. Source version: id_d927765a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=1. A “program of compensatory education” is an undertaking by any school district maintaining any of grades kindergarten through 12, in the form prescribed by Article 2 (commencing with Section 54420) of this chapter, which is over, above, and in addition to the regular educational programs of the district, having the purpose of providing positive stimulation of the intellectual abilities of disadvantaged minors, and which embodies a positive plan for the identification of such minors. Participation in a program of compensatory education under this chapter shall not preclude an individual’s participation in any other potentially beneficial program which may be offered in the public school system or otherwise. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 1. General Provisions [54400 - 54407] SECTION 54404. Source version: id_d927765c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=1. Each county superintendent of schools is authorized, upon request, to provide consultative and coordination services for the school districts under his jurisdiction which have established programs of compensatory education under this chapter. Such activity shall be financed through the county school service fund, and shall be subject to budget review pursuant to Section 14050. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 1. General Provisions [54400 - 54407] SECTION 54405. Source version: id_d927765e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=1. (a) The State Board of Education may establish programs of the following types: (1) Establishment of new curricula or modification of existing curricula in connection with the education and training of prospective teachers, to incorporate instruction in methods and techniques developed by competent authorities designed to enable teachers effectively to teach disadvantaged children. (2) Research and consultative work projects undertaken to assist state and local public school agencies in carrying out their responsibilities under this chapter. (3) Independently, or in cooperation with any public or private agency or organization, engaging in research and development undertakings directed to overcoming disadvantage, together with related activities involving evaluation, demonstration, and dissemination of findings having to do with programs of compensatory education. (b) It is the intent and aim of the Legislature that the University of California and the California State University participate to the extent practicable with local public school agencies and the State Board of Education in their endeavors under this chapter. It is recommended that greater attention be devoted in the training of teachers to their preparation in the techniques and skills required to cope with the problems of disadvantaged children at the preschool as well as the elementary and secondary level. The University of California and the California State University are urged to participate at the local level in the programs being administered by the local public school authorities and agencies, and to provide all technical and personnel services practicable. (Amended by Stats. 1983, Ch. 143, Sec. 38.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 1. General Provisions [54400 - 54407] SECTION 54406. Source version: id_d9277660-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=1. All compensatory preschool programs operated by school districts, regardless of source of funds, shall be subject to the regulations of the State Board of Education. The State Board of Education is authorized to establish standards for all compensatory preschool programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 1. General Provisions [54400 - 54407] SECTION 54407. Source version: id_d9277662-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=1. The governing board of a school district, in its application, may request waiver of the provisions of any section or sections of this code for any compensatory education program if such waiver is necessary to establish and operate a program for low-income children. The need for a waiver shall be explained and justified in the application. The Superintendent of Public Instruction, at the discretion and upon recommendation of the Director of Compensatory Education, with the approval of the State Board of Education, may grant, in whole, or in part, any such request. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 2. Compensatory Education [54420 - 54425] SECTION 54420. Source version: id_d928fd06-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=2. The purpose of this article is to establish criteria to guide local school districts in making applications for federal funds under the Elementary and Secondary Education Act of 1965 as accepted in Sections 12400, 12402, 12403, 12404, Article 4 (commencing with Section 12030) of Chapter 1 of Part 8 of Division 1 of Title 1, or any state funds provided specially for the purposes of this chapter. These criteria shall apply to the extent that they do not conflict with the provisions of the Elementary and Secondary Education Act of 1965 or administrative regulations promulgated under that act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 2. Compensatory Education [54420 - 54425] SECTION 54421. Source version: id_d928fd08-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=2. Each application of a local school district for federal funds or state funds shall include a comprehensive compensatory education plan which shall demonstrate that the district has fully utilized all other sources of funds, and the assistance of all volunteer aid offered by individuals and public and private organizations providing assistance for similar educational endeavors, and has effectively coordinated the same. This plan should emphasize a preventive program aimed at the child between the ages of three years and eight years, and have an ultimate goal of teaching the child to read, awakening the child’s interest in learning, giving the child a sense of success in school achievement, preventing the child’s alienation from the school, and preventing his possible early departure from school. It shall also include remedial programs for older children. Expenditures should be directed to schools with large concentrations of educationally disadvantaged children. If the situation involves disadvantaged children who speak English as a second language, any programs should include early English language instruction, and the use of teachers, teachers’ aides or volunteers who are proficient in the child’s primary language, and in-service training for teachers in that language. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 2. Compensatory Education [54420 - 54425] SECTION 54422. Source version: id_32aa80eb-f54e-11da-bccc-c495107da326 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=2. For purposes of applications for federal funds a plan should be comprehensive in scope, and may include any or all of the program components set out below. The State Board of Education shall act, upon recommendation of the Advisory Compensatory Education Commission, to establish a priority listing of the following program elements which shall be used in the approval of school district plans to determine those elements which shall be emphasized on a statewide basis: (a) Reduction of ratios of pupils to teachers, directed specifically to enabling more individual attention to be given to disadvantaged pupils. (b) Special efforts in the area of reading instruction, including the employment of additional teachers, special reading teachers, teacher aides, and volunteer aides. Special reading programs authorized pursuant to this subdivision shall be conducted pursuant to standards established under Chapter 2 (commencing with Section 54100) of this part, Article 3 (commencing with Section 60604) of Chapter 5 of Part 33 of this division. (c) Preschool programs provided through the use of either school facilities, other public or private facilities, or any combination thereof, for children three years of age or older, involving intensive parent participation, established pursuant to standards prescribed by the State Board of Education. Preschool programs authorized pursuant to this subdivision shall be conducted pursuant to the educational standards established by the State Board of Education under Section 8253. (d) In-service professional study involving instruction and orientation of school district personnel to enable them to more effectively deal with disadvantaged students. (e) School-home cooperation, including home visitation, parent education and participation, parent-teacher conferences utilizing, wherever necessary, bilingual interpreters. (f) Cultural enrichment including the use of field trips, special speakers, motion pictures, records, library programs, concerts and other means which serve to broaden the educational and cultural experience of the students. (g) After-school tutoring programs utilizing the services of qualified college and university students and volunteers from the community. (h) Remedial and corrective programs directed to enhancing the pupils’ interest and competence in the English language, including extended remedial reading programs, special speech and oral programs, and the teaching of English as a second language, as, for example, where Spanish-speaking children are involved. (i) Evaluation, testing, and consultation, involving the formulation of evaluation standards which are as rigorous as feasible under the circumstances; the yearly administration of comprehensive achievement tests to all compensatory education students; and the development and use of data based on group controls which will provide evidence of contrast, and the assembly and classification of data for use at the statewide level. A school district plan of compensatory education under this chapter shall, in order to receive approval, contain this program element. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 2. Compensatory Education [54420 - 54425] SECTION 54423. Source version: id_d928fd0c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=2. In addition, the district may propose other programs, subject to the approval of the Director of Compensatory Education, to include the following elements: (a) Employment of competent school-community coordinators, to secure effective coordination of the efforts of pupils, parents, schools, and the community. (b) Curriculum revision and the development and use of new instructional equipment and facilities to reorient the education program to meet the particular needs of the disadvantaged pupils, with special attention to be given to the teaching of the English language. (c) Effective use of auxiliary personnel, the services of whom may be made available not only by the public school system, but by other public and private agencies and organizations, including ethnic organizations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 2. Compensatory Education [54420 - 54425] SECTION 54425. Source version: id_d92a83ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=2. (a) Whenever a districtwide school advisory committee on compensatory education programs has been established pursuant to a compensatory education plan, the procedures adopted for the selection of the district advisory committee shall specify that parents shall constitute a majority of the membership of the district advisory committee and shall require that the parent representatives be elected by the parents of pupils participating in a program of compensatory education residing in the district. (b) Whenever a school advisory committee on compensatory education programs has been established pursuant to a compensatory education plan, the procedures adopted for the selection of the school advisory committee shall specify that parents shall constitute a majority of the membership of the school advisory committee and shall require that parent representatives be elected by the parents of pupils participating in a program of compensatory education at that school. For purposes of this subdivision, a school advisory committee on compensatory education programs may designate a school site council established pursuant to Section 52012 or 52851 to function as the school advisory council on compensatory education for all purposes required by applicable statutory provisions and regulations for a period of up to two years. (Added by Stats. 1982, Ch. 206, Sec. 11. Effective May 18, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54440. Source version: id_fca8d7b2-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. The Legislature finds and declares all of the following: (a) A significant number of children under 18 years of age whose parents are migratory agricultural workers or migratory fishermen reside in California for at least a part of each year. These children, from among the least affluent segments of American society, tend to move frequently, attend school irregularly, and suffer health problems and language barriers. This results in many becoming early school dropouts, poorly prepared to enter the workforce or for academic success and upward social mobility. (b) The problems of children of migratory agricultural parents and of migratory fisherman parents are of such magnitude and severity that local school districts have been unable to solve them with the resources normally available. It is, therefore, necessary for the state to aid local school districts through regional coordinating offices and the provision of special programs of educational and related services for these children. (Amended by Stats. 2010, Ch. 274, Sec. 1. (SB 331) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54441. Source version: id_3f9363f3-a07f-11f0-9052-b7a92a296773 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. The definitions set forth in this section shall govern the interpretation of this article. (a) “Currently migratory child” means a child who has moved with a parent, guardian, or other person having custody, from one school district to another, either within the State of California or from another state within the 12-month period immediately preceding their identification as such a child, in order that the child, a parent, guardian, or other member of the immediate family might secure temporary or seasonal employment in an agricultural or fishing activity, and whose parents or guardians have been informed of the child’s eligibility for migrant education services. “Currently migratory child” includes a child who, without the parent or guardian, has continued to migrate annually to secure temporary or seasonal employment in an agricultural or fishing activity. (b) “Former migratory child” means a child who was formerly eligible to be counted and served as a currently migratory child within the past five years, but who is no longer a currently migratory child, and who lives in an area served by an ESEA Title I Migrant Education project, and whose parents have been informed of the child’s eligibility for migrant education services but have not removed the child from the program. (c) “Agricultural activity” means any activity directly related to the production or processing of agricultural products and the cultivation or harvesting of trees. (d) “Fishing activity” means any activity directly related to the catching or processing of fish or shellfish for initial commercial sale or as a principal means of personal subsistence. (e) “Operating agency” means a local educational agency operating under a subgrant of state migrant education funding, or a public or private nonprofit agency under a special arrangement with the department to carry out a migrant education program. (f) “Migrant region” means an operating agency comprised of a county office of education or a combination of county offices of education, a combination of school districts within a county, a public or private nonprofit agency not controlled in whole or part by a school district, or a combination of county offices of education and public or private nonprofit agencies, meeting the criteria of subdivision (a) of Section 54444.1. (g) “Quality control” means the development of program quality standards by the state and the conduct of quality review procedures and processes at the operating agency, school district, and school level by state and other professional staff and parents, in conjunction with other interested parties, on a regular basis to assure the maintenance of high quality migrant education programs. (h) “Supplementary services” means services provided to migratory children which are above the services already provided by a school or school district to other children of that school or school district. (i) “Average monthly enrollments” means the average monthly number of pupils who are enrolled in a migrant education program. Average monthly enrollments shall be computed by totaling the number of migrant pupils reported by an operating agency during the months of September to June, inclusive, and dividing that total by 10. (j) “Department” means the State Department of Education. (k) “Superintendent” means the Superintendent of Public Instruction. (Amended by Stats. 2025, Ch. 185, Sec. 2. (AB 1255) Effective October 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54441.5. Source version: id_008379d4-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. With the concurrence of the child’s parent, a child who has been identified as a “migrant child” may be deemed a migrant child for a period, not in excess of three years, during which the child resides in an area where programs are provided for migrant children. Priority for the provision of services shall be consistent with federal statutes and regulations governing migrant education programs. (Amended by Stats. 2010, Ch. 274, Sec. 2. (SB 331) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54442. Source version: id_02075ab6-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. The state board shall adopt a state master plan for services to migrant children. The plan shall include all of the following: (a) Instructional activities on a regular and extended year basis. These activities shall be designed to identify, assess, and provide treatment for academic deficiencies of migrant children. Special emphasis shall be given to oral and written communications, reading, and mathematics. Small group or individual instruction and tutorial services shall be provided to assist migrant children to attain normal progress rates in all subject areas. All instructional services shall be provided as supplements to regular programs of instruction provided by the public schools for all children. (b) Health and welfare services. These services shall be designed to identify, assess, and provide treatment for conditions that interfere with the education and learning of migrant children, including dental, emotional, or environmental conditions. To the extent possible, existing community resources will be utilized to provide these services. (c) Preservice and in-service education of professional and nonprofessional personnel. This education shall be planned to prepare school administrators, teachers, aides, and other personnel to meet the special needs of migrant children. (d) Supportive services including transportation, family liaison, and other services necessary to the success of the programs. (e) Child development activities including, but not limited to, social, sensorimotor, conceptual and language development, and perceptual discrimination activities for migrant infants and prekindergarten children who are too young to participate in instructional services normally provided by the public schools. (f) The active involvement of parents, teachers, and community representatives in the local implementation of migrant education programs. (Amended by Stats. 2010, Ch. 274, Sec. 3. (SB 331) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54443. Source version: id_d92d90fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. (a) Migratory children shall be served according to their needs in the following order: (1) School-aged currently migratory children. (2) School-aged former migratory children. (3) Preschool currently migratory children. (4) Preschool former migratory children. (b) A project may provide instructional or supporting services to former migratory children only if the participation of these children does not prevent the participation of currently migratory children in the same preschool or school-aged group, and does not dilute the effectiveness of the state migrant education program for currently migratory children. (c) Eligibility provisions shall be determined in a manner consistent with federal statutes and regulations. (Repealed and added by Stats. 1981, Ch. 942, Sec. 4. Operative July 1, 1982, by Sec. 12 of Ch. 942.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54443.1. Source version: id_039f11b8-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. Migrant education programs shall include all of the following: (a) An individual assessment of the educational and relevant health needs of each participating pupil within 30 days of enrollment. This assessment shall include assessments concurrently provided pursuant to compensatory education, bilingual-crosscultural education, school improvement programs, and other programs serving the pupil. (b) A general needs assessment developed in compliance with federal requirements summarizing the needs of the population to be served. (c) A comprehensive program to meet the educational, health, and related needs of participating pupils which is supplemental to the program the operating agency is otherwise required to provide. The program shall include, but need not be limited to, the following: (1) Academic instruction. (2) Remedial and compensatory instruction. (3) Bilingual and crosscultural instruction. (4) Career technical instruction. (5) Counseling and career education services. (6) Preschool services in accordance with Section 54443. (7) Other educational services that are not available in sufficient quantity or quality to eligible migratory children. (8) The acquisition of instructional materials and equipment necessary to adequately provide the appropriate services. (9) Other related services to meet the special needs of eligible migratory children that are necessary to enable these children to effectively participate in instructional services. (10) The coordination and teaming of existing resources serving migrant pupils, such as bilingual-crosscultural education, health screening, and compensatory education. (d) A brief individual learning plan listing the services to be provided to each pupil shall be provided in writing or at a parent conference to the parent or guardian of each participating pupil, annually and each time the pupil moves to a new district. (e) Staffing and staff development plans and practices to meet the needs of pupils and implement the program. (f) Parent and community involvement as specified in Section 54444.2. (g) Evaluations that shall include annual pupil progress and overall program effectiveness and quality control reports. (h) School districts and other education agencies shall be eligible to apply for funding to serve migrant pupils upon application to their respective region, or, if they meet the criteria established in subdivision (b) of Section 54444.1, to the department. Operating agencies shall include in their application a description of how the entities will coordinate the planning, budgeting, and operation of the migrant education programs with the planning, budgeting, and operation of other federal and state education programs addressing the needs of the same or similar pupils of the operating agency. The description shall include time lines and cover services provided through school improvement, nonmigrant Title I, state compensatory and limited- and non-English proficient, Title VII, and other funds. If the application meets state and federal requirements, negotiations for an appropriate service agreement shall begin involving the parties listed in subdivision (a) or (b) of Section 54444.1. (Amended by Stats. 2010, Ch. 274, Sec. 4. (SB 331) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54444. Source version: id_d92d90fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. In implementing the plan adopted by the State Board of Education, the Superintendent of Public Instruction is authorized to: (a) Contract with county superintendents of school or local educational agencies to supply services to migrant children residing within specified geographical regions. (b) Enter into agreements or otherwise cooperate with other states or agencies of the state or the federal government in providing or coordinating services to migrant children including the Mini-Corps Program as well as participation in or utilization of the Migrant Student Record Transfer System, or other equivalent information systems as may be used by the state. (Amended by Stats. 1981, Ch. 942, Sec. 6. Operative July 1, 1982, by Sec. 12 of Ch. 942.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54444.1. Source version: id_052e3d3a-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. (a) In implementing the state master plan for services to migrant children, the Superintendent shall establish the service regional system as the primary method for the delivery of services to migrant children. The Superintendent shall review and approve plans for the establishment of service regions and shall incorporate the following criteria in the approval of regional plans: (1) The boundaries of regions shall include all geographic areas with migrant and seasonal agricultural workers and fishermen. (2) Regional service centers shall be located in areas with high concentrations of migrant and seasonal agricultural workers and fishermen. Regional headquarters shall be located as follows: (A) In areas requiring large numbers of these workers for a period of at least two consecutive months during each year. (B) In areas that normally contract for migrant and seasonal agricultural workers with families rather than single adults. (C) In areas where migrant and seasonal agricultural workers are involved in the transition from hand labor to mechanization. (3) Regions shall be located in each geographic area of the state, except areas within the boundaries of directly funded districts. (4) Except areas within the boundaries of directly funded districts, regions shall be contiguous to one another and should have no less than 1,500 migratory children. In no event shall a county be split among two separate regions in order to meet the requirements of this paragraph. (5) Regions shall be organized so as to provide quality services to all affected parties and maintain fiscal procedures in conformity with requirements adopted by the department. (6) The boundaries of regions shall be drawn in a manner that avoids excessive commuting by personnel or by participants in the programs, not to exceed 100 miles from the schoolsite to the operating agency. (7) If a proposed region cannot meet the criteria established in paragraph (4) or (6), it may request that the criteria be waived by the state board. The waiver request shall be based upon a study, conducted by the entities, including their respective parent advisory councils, comprising the proposed region, that explains why the waiver is required and that describes likely outcomes if the waiver is not granted. (b) An agency meeting the criteria set forth in this subdivision and subdivision (f) of Section 54441 may apply to the department for designation as a region. The application shall be in a format with sufficient information and at times designated by the Superintendent. The application shall include documentation of active participation, review and comment by the appropriate parent advisory councils, and signatures by parent advisory council chairpersons that the review and comment has taken place, and shall further include documentation that the agencies and parent representative comprising the proposed region have met as a group prior to submission of the application and have agreed upon the formation of, and participation in, the region and a general delineation of the services which will be provided in the region. Directly funded districts shall be invited by the regions to participate in regional activities and meetings. Staff and parent advisory council members in the districts shall also be invited to regional inservice activities and conferences. (c) The department may directly fund local educational agencies, in whole or in part, to provide services to eligible migrant children if it is cost effective to do so; if the applicant agency serves not less than 1,500, nor more than 8,000, currently migratory children; has sufficient programmatic and fiscal resources to deliver an effective migrant education program; is in compliance with the federal and state requirements regarding migrant education programs; maintains an ongoing and functional parent advisory council that has voted on a biennial basis to approve the participation in the directly funded program, including the approval of a majority of the members who are the parents of migrant children; and maintains fiscal procedures in conformity with the requirements adopted by the department. All districts that are directly funded on January 1, 1982, may continue to be funded directly, provided that the districts comply with the criteria prescribed by this subdivision, except for the size criterion. (d) The responsibilities of the various parties involved in the delivery of services to migrant children shall be set forth in a service agreement. A service agreement shall be a legally binding contract signed by the duly constituted authorities at the state, county, district, or private or public nonprofit agencies, or a combination thereof. In the regional delivery system, there shall be two parties to every service agreement; the region and the district or other operating agencies in which the eligible migrant pupils are enrolled. When a district or agency is funded directly by the state, the parties to the service agreement shall include the department and the district or operating agency in which the eligible migrant pupils are enrolled. The basic responsibilities of these three parties shall be as specified in Section 54444.4. The parties, whether regional or directly funded, shall take the necessary steps to ensure the effective involvement of the migrant parent advisory committee for that district or agency. Representatives of the migrant parent advisory committee shall have the right to be present and participate in all deliberations between the parties regarding the service agreement or any subsequent changes thereto. The service agreement shall include a signed statement from the officers of the migrant parent advisory committee signifying that the participation has occurred. (e) The Superintendent shall develop an annual operating calendar for regions and directly funded districts, including dates for the submission and approval of applications and service agreements. Any changes in regional boundaries for the subsequent fiscal year shall be made and approved by December 31 of the current year. Any changes in funding allocations for regions shall be made by December 31 of the current year or immediately after notification of a federal grant award. (f) The Superintendent shall preserve the supplemental nature of the migrant education program. The program shall be maintained outside the supervision or above the administrative level of the consolidated application programs. The Superintendent shall not incorporate the migrant education program into the consolidated application process, except as provided below: (1) Directly funded districts may apply for migrant education funds as part of their consolidated application provided the district parent advisory council on migrant education approves the inclusion. (2) A copy of the district’s annual application for migrant education funds as required by subdivision (h) of Section 54443.1 shall be attached to the district’s annual consolidated application. (Amended by Stats. 2010, Ch. 274, Sec. 5. (SB 331) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54444.2. Source version: id_00fd582f-c132-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. (a) The Superintendent shall take the steps necessary to ensure effective parental involvement throughout the state migrant education program, which shall include, but need not be limited to, all of the following: (1) The Superintendent shall adopt rules and regulations requiring each operating agency receiving migrant education funds or services to actively solicit parental involvement in the planning, operation, and evaluation of its programs through the establishment of, and consultation with, a parent advisory council. (A) The membership of each parent advisory council shall be composed of members who are knowledgeable of the needs of migrant children, and shall be elected by the parents of migrant children enrolled in the operating agency’s programs. The composition of the council shall be determined by the parents at a general meeting to which all parents of pupils enrolled in the migrant program shall be invited. Parents shall be informed, in a language they understand, that the parents have the sole authority to decide on the composition of the council. All parent candidates for the council shall be nominated by parents; nonparent candidates shall be nominated by the groups they represent: teachers by teachers, administrators by administrators, other school personnel by other school personnel, and pupils by pupils. All other community candidates shall be nominated by the parents. Each parent advisory council shall hold meetings on a regular basis during the operation of the regular program, but not less than six times during the year. (B) At least two-thirds of the members of each parent advisory council shall be the parents of migrant children. Each parent advisory council shall have the responsibilities listed in subdivision (a) of Section 54444.4. (2) The Superintendent shall establish a statewide parent advisory council that shall participate in the planning, operation, and evaluation of the state migrant education program. The membership of the statewide parent advisory council shall be composed of members who are knowledgeable of the needs of migrant children, and shall be nominated and elected by the parents of migrant children enrolled in the operating agencies. At least two-thirds of the members of the State Parent Advisory Council shall be the parents of migrant children. The state council shall meet a minimum of six times a calendar year to provide input on issues relating to the operation of the program. Special meetings may be called at the discretion of the state director. (3) (A) (i) The Superintendent also shall sponsor a biennial State Parent Advisory Council Conference. The conference shall be scheduled during the spring. (ii) The Superintendent may sponsor regional conferences to take the place of the State Parent Advisory Council Conference if the Superintendent determines that regional conferences will increase parent participation. (B) Every three years, the State Parent Advisory Council shall prepare and submit a report to the Legislature, pursuant to Section 9795 of the Government Code, the state board, the Superintendent, and the Governor regarding the status of the migrant education program. The report shall be submitted within 120 days from the conclusion of a training program on preparing the report provided by the Superintendent in accordance with paragraph (5). (C) The report shall include an evaluation of the migrant education program, as required pursuant to paragraph (2), a review of annual needs and a yearend assessment, as required pursuant to paragraph (2) of subdivision (a) of Section 54444.4, and policy recommendations. (4) The Superintendent and each operating agency shall furnish, without charge, to the statewide and operating agency parent advisory councils and, upon request, to each member, a copy of all applicable state and federal migrant education statutes, rules and regulations, and guidelines. In addition, the Superintendent and each operating agency shall furnish, without charge, to the statewide and operating agency parent advisory councils and, upon request, to each member, copies of all applicable state and federal audits, monitoring reports, and evaluations. (5) The Superintendent and each operating agency shall establish and implement training programs for members of the statewide and operating agency parent advisory councils to enable them to carry out their responsibilities. Each training program shall be developed in consultation with the parent advisory councils, and shall include appropriate training materials in a language understandable to each member. Costs incurred in providing training under this paragraph, including federally authorized expenses associated with the attendance of members at training sessions, shall be funded, to the extent that funds are available, by federal funds allocated to the state, based upon the educational and related health needs of migratory children defined in subdivisions (a) and (b) of Section 54441, and may be supported by funds from the state migrant education program. (b) Each operating agency that provides services on a statewide basis shall be exempt from the requirement that it create its own parent advisory council, but shall consult the statewide parent advisory council in the planning, operation, and evaluation of its programs. (c) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (a) or any other law, all requirements for 2020 nominations and elections for parent advisory councils shall be suspended until September 1, 2020. (d) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (a), parent advisory councils shall meet at least three times in the 2020 calendar year. (e) Notwithstanding paragraph (2) of subdivision (a), the State Parent Advisory Council shall meet at least three times in the 2020 calendar year. (f) Notwithstanding subparagraph (A) of paragraph (3) of subdivision (a), the Superintendent shall not be required to sponsor a biennial State Parent Advisory Council Conference in the 2020 calendar year. (Amended by Stats. 2020, Ch. 24, Sec. 60. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54444.3. Source version: id_12aa7db1-c132-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. (a) Each operating agency receiving federal Title I Migrant Education funding shall conduct summer school programs for eligible migrant children in kindergarten and grades 1 to 12, inclusive. The summer school programs shall respond to the individual needs of participating pupils, and shall build on and be consistent with the instructional programs offered to these pupils during the regular school year. Each summer school program shall be funded, to the extent that funds are available, by federal funds earmarked for migrant education programs, and shall meet all of the following criteria: (1) (A) That summer school programs meet the following time requirements: (i) For kindergarten classes, not less than 180 minutes per day, based upon the full apportionment day of 240 minutes, including recesses, for not less than 20 teaching days. (ii) For grades 1 to 8, inclusive, not less than 200 minutes per day, based upon the full apportionment day of 240 minutes, including recesses and passing time but excluding noon intermissions, for not less than 20 teaching days. (iii) For grades 7 to 12, inclusive, not less than 240 minutes per day, including passing time but excluding noon intermissions, for not less than 30 teaching days. (B) Exemptions from the requirements of this paragraph may be made by the Superintendent upon petition submitted to the Superintendent by the school district. The basis for the exemption shall be agricultural labor factors, climatic conditions, specialized educational programs, and other conditions appearing to the Superintendent to warrant exemption. (C) For purposes of this paragraph, holidays designated in Section 37220 other than Saturday and Sunday may be deducted from the required number of teaching days. (2) That the program has been established with the prior written approval of the Superintendent based upon the submission of an application that is in the form prescribed and furnished by the Superintendent. Each application shall designate the persons who will exercise administrative or supervisorial responsibilities for the summer school program, and shall be submitted before the establishment of the summer school program. (3) That the summer school program contains coursework that is of the same level of difficulty in each subject as that provided to pupils enrolled in regular classes of instruction within the school district in the preceding year. (4) That instructional programs are taught by staff with cultural training or background and understanding of the special needs of migrant children, and who are properly credentialed for the subjects and grade levels to which they are assigned. (5) That the summer school program supplements other summer school programs, whether required or optional and whether federally or state funded, operated by the school district, including the programs for graduating high school seniors, handicapped children, pupils enrolled in grade 11, pupils enrolled in any of grades 7 to 12, inclusive, who do not meet the school district’s adopted proficiency standards, and eligible compensatory education pupils. (b) (1) Each school district, county office of education, and community college district shall, upon request, make facilities available at cost for the operation of migrant summer school programs whenever they are available. Where available, these facilities shall be suitable for the summer climate. The Superintendent may allow neighboring districts to jointly offer facilities if the Superintendent determines that the use of one district’s facilities for an area will adequately meet the needs of the migrant summer school program for the entire area. (2) If the Superintendent determines that requests from prospective users of these facilities were denied without just cause, the Superintendent shall reduce the school district’s or county superintendent’s entitlement from Section A of the State School Fund by an amount equal to one thousand dollars ($1,000) or four times the costs to the prospective user for alternative facilities for the entire period for which the facilities were requested, whichever is greater. (c) Notwithstanding subdivision (b), school districts, county offices of education, and community college districts that have closed their facilities due to the COVID-19 pandemic are not required to make facilities available for migrant summer school programs in the 2020 calendar year. (d) Summer school programs required by this section may be offered through distance learning for the 2020 calendar year. (e) The time requirements in subdivision (a) are waived for the 2020 calendar year. However, local educational agencies are encouraged to offer the minimum instructional minute requirements to the extent practicable for the 2020 calendar year. (Amended by Stats. 2020, Ch. 24, Sec. 61. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54444.4. Source version: id_d9309e46-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. (a) The responsibilities of parent advisory councils at the district, regional, and state levels shall include, but are not limited to, all of the following: (1) The establishment of migrant education program goals, objectives, and priorities. (2) The review of annual needs and year-end assessment, as well as program activities, for each school, and a review of individualized educational plans. (3) Advice on the selection, development, and reassignment of migrant education program staff. (4) Active involvement in the planning and negotiation of program applications and service agreements required under Section 54444.1. (5) All other responsibilities required under state and federal laws or regulations. (b) The responsibilities of the school districts or other agencies operating programs for migrant pupils include, but are not limited to, all of the following: (1) Providing services in compliance with applicable state and federal laws or regulations. (2) Providing information to parents. (3) Providing support to instructional staff. (c) The responsibilities of the region include, but are not limited to, the following: (1) Providing funding to operating agencies within its jurisdiction in accordance with service agreements. (2) Providing technical assistance to operating agencies operating under service agreements. (3) Providing interagency coordination to improve the services available to participating pupils. (4) Providing training for the parents and members of district, regional, and school parent advisory councils. (5) Providing or arranging for staff development services for migrant education staff at the school and district levels. (6) Providing direct services required pursuant to a service agreement entered into by the region. (d) The responsibilities of the State Board of Education and the department shall be as set forth in the State Master Plan for Migrant Education developed under Section 54442. (Added by Stats. 1981, Ch. 942, Sec. 10. Operative July 1, 1982, by Sec. 12 of Ch. 942.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54444.5. Source version: id_d9309e48-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. The reorganization of service regions established pursuant to Section 54444.1 shall not affect the right to retain salary, leaves, and other benefits of persons employed in positions that do not require certification as follows: (a) An employee of a service region that is included in any other service region shall become the employee of the new service region if the new service region has an equivalent vacant position that the new service region elects to fill in its program for migratory children. (b) When a portion of the service region of a regional service center becomes part of another regional service center, an employee regularly assigned to perform duties in the service region affected shall become the employee of the acquiring regional service center if the acquiring regional service center has an equivalent vacant position that the acquiring regional service center elects to fill in its program for migratory children. An employee whose assignment pertained to the affected service region, but whose employment site was not in the service region, may elect to remain with the original regional service center or become the employee of the acquiring regional service center if the acquiring regional service center has an equivalent vacant position that the acquiring regional service center elects to fill in its program for migratory children. (c) When the service region of any regional service center is divided between, or among, two or more regional service centers and the original regional service center ceases to exist, an employee of the original regional service center regularly assigned to perform duties in any specific service region shall become the employee of the regional service center acquiring the service region if the acquiring regional service center has an equivalent vacant position that the acquiring regional service center elects to fill in its program for migratory children. An employee not assigned to a specific service region within the original regional service center shall become the employee of any acquiring regional service center at the election of the employee if the acquiring regional service center has an equivalent vacant position that the acquiring regional service center elects to fill in its program for migratory children. (d) If, pursuant to this section, an employee of a service region is unable to become an employee of a new or acquiring service region because there are no equivalent vacant positions available in the new or acquiring service region, that employee shall be placed on an eligibility list for an equivalent position for the migrant education program in the new or acquiring service region for a period of not less than 39 months. (e) A service region that employs individuals pursuant to this section shall do so on a seniority basis. (Added by Stats. 1999, Ch. 691, Sec. 1. Effective October 10, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3. Migrant Children [54440 - 54445] SECTION 54445. Source version: id_d93224ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3. The State Board of Education shall adopt rules and regulations necessary to implement the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3.5. Newcomer Pupils [54450 - 54451] SECTION 54450. Source version: id_17027807-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3.5. (a) For purposes of this section, “newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code. (b) The department shall conduct all of the following activities in support of the education of newcomer pupils: (1) Curate and maintain on its internet website information regarding requirements and best practices for newcomer pupils under current law, and available state and federally funded programs and resources that are supportive of these pupils’ success in school. This information shall include, but not be limited, to all of the following: (A) The requirements of Sections 51225.1, 51225.2, and 60811.8 for newcomer pupils. (B) The requirement to provide English language development instruction for those newcomer pupils classified as English learners, and best practices for English language development instruction for newcomer pupils. (C) Local discretion in grade placement of newcomer pupils. (D) Local discretion to enroll pupils for more than four years of high school instruction. (E) Information about how the use of coursework completed in languages other than English in other countries may fulfill the world language course requirement for graduation pursuant to Section 51225.3 and the admissions requirements of the University of California and the California State University. (F) Resources for the evaluation of foreign transcripts. (G) Resources for support of newcomer pupils with disabilities. (H) Information about the California Newcomer Education and Well-Being Program (CalNEW) program authorized by Section 13265 of the Welfare and Institutions Code. (I) Information about programs authorized under the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1). (2) Publicly report on an annual basis on its internet website on the enrollment of newcomer pupils, using data currently collected pursuant to federal law, including statewide and local educational agency and charter school enrollment, disaggregated by country of origin. (Added by Stats. 2023, Ch. 342, Sec. 4. (AB 714) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 3.5. Newcomer Pupils [54450 - 54451] SECTION 54451. Source version: id_d2cd5212-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=3.5. (a) Notwithstanding any other law, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund to the State Department of Education, in consultation with the State Department of Social Services, for the California’s New Americans in Schools (CalNAS) program, which is hereby established, to provide services for newcomer pupils, English learners, and immigrant families. This funding shall be available for encumbrance until June 30, 2032. (b) Funds allocated under this section shall be used to plan, design, and implement academic and social support services for the purpose of improving pupils’ educational outcomes and well-being. Allowable uses for funds allocated under this section include, but are not limited to, all of the following: (1) Professional development and resources for staff designed to effectively support immigrant pupils and families. (2) Academic supports, including, but not limited to, specialized academic and English language development instruction and programming and college and career counseling, including on the exercise of newcomer pupil rights under Sections 51225.1 and 51225.2. (3) Social support services, including, but not limited to, family engagement, connection to community resources, extracurricular programs, transportation, and pupil leadership. (4) Contracting with immigration legal services providers to support outreach or immigration-related legal and other support services to pupils and families pursuant to Chapter 5.6 (commencing with Section 13300) of Part 3 Division 9 of the Welfare Institutions Code. (c) Notwithstanding any other law, the State Department of Education shall award grants on a competitive basis to local educational agencies for purposes of this section. The department, in consultation with the executive director of the state board, may further refine the allocation formula of the grants to ensure the funds are allocated to the intended targeted population. Award amounts shall be prioritized based on the following factors: (1) The percentage of pupils, defined as socioeconomically disadvantaged in Section 42238.024, that the local educational agency serves, with local educational agencies serving the highest percentage of socioeconomically disadvantaged pupils being prioritized first. (2) The percentage of pupils in the local educational agency who are English learners. (d) Of the amount appropriated in subdivision (a), ten million dollars ($10,000,000) shall be available to the State Department of Education to competitively award a grant to a local educational agency, or a consortium of local educational agencies, to provide statewide technical assistance for the CalNAS program, including all of the following: (1) Providing technical assistance to establish immigrant pupil support programs for grantees, including resources for planning and implementation, such as program models, best practices, and resources for implementing academic, social, and legal supports. (2) Professional development opportunities for school employees in addressing the needs of newcomer pupil and immigrant family populations, including antibias education and training, specialized academic and English language development instruction, social supports, and other supports as needed. (3) Convenings and resource sharing opportunities for grantees to share successful strategies in serving newcomer pupils and immigrant families. (e) The technical assistance provider awarded in subdivision (d) shall submit a biannual report to the State Department of Education, the Department of Finance, the State Department of Social Services, and the appropriate legislative fiscal and policy committees by no later than January 20, 2033. This report shall include success strategies in serving newcomer pupils and immigrant families, academic outcomes of the pupils that the grantees served, and services provided using the funds. (f) The State Department of Social Services, the State Department of Education, and local educational agencies shall ensure that any data collected or reported pursuant to this section, including any data collected by a community based organization, complies with Section 234.7, as well as any other restrictions, prohibitions, or other requirements of state or federal law regarding the confidentiality of pupil and family information. (g) For purposes of this section, “local educational agency” means a county office of education, school district, or charter school. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 120. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 4. Administration [54460 - 54465] SECTION 54460. Source version: id_d93224ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=4. There is in the Department of Education the office of Director of Compensatory Education. The Director of Compensatory Education shall be appointed by the State Board of Education, upon nomination by the Superintendent of Public Instruction, and he shall be subject to state civil service. In performing his duties and responsibilities under this chapter the director shall act as the representative of the Department of Education. The Director of Compensatory Education shall be provided with such facilities and staffing necessary to provide him with such technical and clerical assistance as is required in order for him to carry out his duties under the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 4. Administration [54460 - 54465] SECTION 54461. Source version: id_d93224f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=4. The Director of Compensatory Education shall, under the policy direction of the State Board of Education and the administrative direction of the Director of Education, have overall supervision and control of programs of compensatory education provided throughout the state, and shall take action necessary to coordinate all such programs. He shall, pursuant to the provisions of this chapter and the provisions of the Elementary and Secondary Education Act of 1965 and the regulations promulgated thereunder, be responsible for receiving and recommending approval or disapproval to the State Board of Education of local program applications and providing technical and consultative assistance to school districts. The Director of Compensatory Education shall conduct continuing research and study of the subject of programs of compensatory education, involving not only the examination and evaluation of programs established under the provisions of this chapter but comparable undertakings in other states, to the end of effecting improvement in the administration of the programs for compensatory education established under the provisions of this chapter. He shall serve as a clearinghouse and center of information, and shall issue and disseminate to school districts participating in programs established under this chapter or otherwise affected by problems presented by the presence of disadvantaged minors anywhere, such publications and results of investigations as will tend to foster the establishment of sound programs for compensatory education and to enhance their effectiveness. He shall collect and provide information concerning sources of federal, state, and local public funds, and private funds, which may be available for compensatory education purposes. It shall be the responsibility of the local officials and agencies of the public school system to take necessary measures to secure all outside financial assistance which may be available. The State Board of Education, on recommendation of the Director of Compensatory Education, shall determine the eligibility of applicant school districts for grants provided under this chapter. Applications for approval of programs and for grants shall be comprehensive in scope. Applicant districts shall, to the extent practicable, provide programs at all grade levels, but special emphasis is to be given programs provided at the preschool and early elementary grade levels. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 4. Administration [54460 - 54465] SECTION 54462. Source version: id_d93224f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=4. The State Board of Education shall adopt rules and regulations necessary to implement the provisions of this chapter, including rules and regulations which: (a) Prescribe the procedure by which a district shall identify disadvantaged minors. (b) Establish minimum standards for programs. (c) Require the annual submission of such reports by school districts as will permit the evaluation of the programs of compensatory education and the accumulation of data and information which will be useful in developing suggestions, policies, and requirements for improvement of such programs generally. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 4. Administration [54460 - 54465] SECTION 54463. Source version: id_d933ab94-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=4. The State Board of Education, on the recommendation of the Director of Compensatory Education, shall, for purposes of this chapter, in accordance with the provisions of this chapter and the rules and regulations of the State Board of Education implementing the same, have the power to approve, withhold approval of, or disapprove of any program of compensatory education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 4. Administration [54460 - 54465] SECTION 54464. Source version: id_d933ab96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=4. The Director of Compensatory Education shall not recommend, and the State Board of Education shall not approve, a project or program in compensatory education without assurance that the teacher in the class in which the project or program is to be conducted and other certificated personnel required to provide services under the project or program hold a regular credential. The Director of Compensatory Education may waive this requirement where the school district submits evidence which is satisfactory to him that provisionally credentialed teachers have been provided through an established career opportunities program, a teacher corps program, or through a district career development plan designed to provide employment opportunities, concurrent training, and career advancement for capable persons of low-income background who wish to enter the teaching profession. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 4. Administration [54460 - 54465] SECTION 54465. Source version: id_d933ab98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=4. For all purposes of this chapter the Director of Compensatory Education may array and assign priorities to the programs of compensatory education maintained by the different school districts on the basis of numbers, concentration or density of disadvantaged pupils in particular areas. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] SECTION 54480. Source version: id_d933ab9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=5. From moneys specially appropriated therefor by the Legislature, grants shall be made to school districts pursuant to this article for projects approved by the Director of Compensatory Education involving a particular school or schools to be expended for the employment and in-service education of teachers in grades kindergarten or 1 through 6, with special emphasis on kindergarten and primary grades, and any needed teacher materials and supplies to the end that the number of pupils in these grades in relation to each full-time equivalent classroom teacher in the particular school will be reduced to a ratio of 25 to 1. For purposes of this article a full-time equivalent classroom teacher is a person employed in a position requiring certification qualifications and whose duties require him to teach pupils in regular day classes for the full time for which he is employed during the regular schoolday. In computing the total number of full-time equivalent classroom teachers, there shall be included, in addition to the employees defined in the preceding sentence, the full-time equivalent of all fractional time for which employees in positions requiring certification qualifications are required to devote to teaching pupils in regular day classes during the regular schoolday. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] SECTION 54481. Source version: id_d935323e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=5. It is the intent and purpose of the Legislature that the money appropriated for the purposes of this article be expended primarily for the employment of teachers to the end that the number of pupils in the designated grades in relation to each full-time equivalent classroom teacher be reduced to and sustained at a ratio of 25 to 1. Emphases shall be placed on kindergarten and primary grades for the purpose of continuing to provide small classes for children with preschool experiences. The Director of Compensatory Education shall consider this intent in approving projects submitted pursuant to this article. In the event an applicant district is unable to employ the number of teachers necessary to effect the purposes of this article, the Director of Compensatory Education, notwithstanding the provisions of Section 54480, is authorized to approve projects that provide for the employment of noncertificated teachers’ aides for grades kindergarten or 1 through 6, inclusive, to the end that the number of pupils in those grades in relation to the number of both classroom teachers and teachers’ aides employed for such grades shall not exceed 20 to 1. All teachers’ aides shall be trained in a specially designed in-service education program. Not more than 25 percent of the total allocated to a school district shall be devoted to the employment of teachers’ aides. The use of any portion of the total allocated shall be approved for the employment of noncertificated teachers’ aides by the Director of Compensatory Education only upon certification of the applicant district, approved by the county superintendent of schools which has jurisdiction over the applicant district, that teachers are unavailable for employment in accordance with the primary legislative intent of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] SECTION 54482. Source version: id_d9353240-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=5. Noncertificated teachers’ aides employed under this article shall be under the immediate supervision and direction of certificated classroom teachers and shall not be utilized to carry out administrative duties other than those administrative duties which may be assigned by the classroom teacher. A school district may employ as a teachers’ aide any person determined to be qualified, including pupils in attendance in grades 11 and 12 in high schools, and students in attendance in community colleges and in colleges and universities. The employment may be on a regular full-time, or on a part-time basis. The employment of pupils in attendance in grades 11 through 14, in public high schools and community colleges, shall be arranged so that no reduction in attendance credit and State School Fund apportionments results therefrom. Teachers’ aides shall be compensated by the employing school district at a rate no lower than the federal minimum hourly wage for time in which service was actually performed. A person employed as a teachers’ aide shall be under the direct supervision of a certificated employee of the school district for no less than 75 percent of the time for which he is engaged in the performance of the duties during any day. The employment of college and university students as teachers’ aides may, where appropriate, be undertaken for student teaching credit purposes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] SECTION 54483. Source version: id_d9353242-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=5. The Director of Compensatory Education, acting pursuant to rules and regulations adopted by the State Board of Education, upon the advice of the Directors of the Departments of Finance, Social Services, Employment Development, and Industrial Relations, shall designate the most concentrated areas of poverty and social tension in the state, taking into consideration such factors, among others, as the high incidence of poverty and low family and per capita incomes, unemployment, juvenile delinquency, persons receiving assistance under the program of aid to families with dependent children, and especially the low level of academic achievement by pupils in the public schools. The Director of Compensatory Education shall allocate the funds available for programs under Section 54480 proportionately by public school population among the areas designated by him. He shall then approve projects proposed to be undertaken by school districts within such areas at particular schools with the highest concentration of low-income children and with the lowest records of academic achievement. Funds not fully utilized in one designated area may be reallocated to the other designated areas. Upon the request of a school district, the Director of Compensatory Education may authorize funds to be used outside the designated areas to serve children from the designated areas. (Amended by Stats. 1978, Ch. 429.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] SECTION 54484. Source version: id_d9353244-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=5. Apportionments for purposes of this article shall be made upon order of the Superintendent of Public Instruction and by warrant of the State Controller. Moneys apportioned shall be expended precisely as directed by the Director of Compensatory Education, with not more than five percent (5%) of the total apportionments expended for in-service education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] SECTION 54485. Source version: id_d9353246-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=5. Apportionments to a school district shall be in the form of grants, no part of which shall be required to be matched by a district as a condition to receiving state aid under this article. In making allocations pursuant to this article the Director of Compensatory Education shall use an allocation factor equivalent to the average statewide teacher salary per full-time equivalent classroom teacher. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 5. Special Teacher Employment Programs [54480 - 54486] SECTION 54486. Source version: id_d936b8e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=5. The Director of Compensatory Education shall require that the class size reduction project undertaken pursuant to this article be coordinated with and be an integral part of the school district’s overall compensatory education plan and evaluation report, and that a significant portion of all funds which may be received by a district for purposes of this chapter shall be devoted to the purposes of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] SECTION 54520. Source version: id_d936b8ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=6. It is the intent and purpose of the Legislature by this article to ensure that the instructional program in the early elementary grades in the public schools will complement preschool programs and reinforce the benefits afforded children who have participated therein, and will be directed to maintaining and raising the levels of educational achievement and potential of such children. Preschool followthrough programs and projects conducted pursuant to this article shall comprise an essential component of compensatory education, and shall be included among and coordinated with other components of compensatory education programs. Except as otherwise specifically provided by this article, such programs and projects shall be subject to all other provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] SECTION 54521. Source version: id_d936b8ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=6. From funds which may be appropriated therefor by the Legislature, or from federal funds which may be made available for the purpose, grants may be made to applicant school districts which have established projects or programs pursuant to this article. No matching-fund requirements shall be imposed as a condition upon entitlement to any such grant, unless otherwise required for purposes of establishing eligibility for federal funds. The grants shall be disbursed upon order of the Superintendent of Public Instruction and by warrants of the State Controller. Eligibility for grants and the expenditure thereof by the recipient school district shall be provided for by standards and requirements prescribed in rules and regulations of the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] SECTION 54522. Source version: id_d9383f90-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=6. In accepting federal funds which may be made available for purposes of this article the people of the State of California agree to accept and comply with all conditions and requirements which may be prescribed in connection therewith by or under the authority of federal law. The State Board of Education is designated as the state educational agency which shall carry out the purposes and provisions of any federal statute under which federal funds may be provided for purposes of this article. The board shall formulate and submit to the United States Commissioner or other designated federal officer or agency any state plan which may be required for such purposes, and shall have the power to revise and amend the same, as required, and shall have overall control and direction of its administration. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] SECTION 54524. Source version: id_d9383f92-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=6. The State Board of Education shall provide for the establishment of pilot preschool followthrough programs and projects in schools maintaining grades kindergarten, 1, 2, and 3 at the elementary level. The programs and projects shall be subject to the provisions of Section 54461. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] SECTION 54525. Source version: id_d9383f94-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=6. Pilot preschool followthrough programs and projects shall serve disadvantaged minors in kindergarten, and grades 1, 2, and 3, who have participated in preschool programs conducted pursuant to this chapter or pursuant to any other law of this state, or pursuant to federal law under which funds are provided for the programs, and shall include, to the extent that funds are available, any one or more of the following elements and components (in addition to others which may be determined to be essential under Section 54523): (a) Reduction of pupil-teacher ratios. Reduction of such ratios to 20 to 1, or lower, at the kindergarten level, and to 25 to 1 or lower in grades 1, 2, and 3 at the elementary level, shall be the basic standards to which such efforts shall be directed. (b) Establishment of single-session kindergarten programs, with the individual classroom teacher to be responsible for one, rather than two kindergarten classes. (c) Utilization of teacher aides and other supporting staff personnel. (d) In-service professional study involving instruction and orientation of school district personnel, with emphasis on developing a better understanding of the disadvantaged children and their educational needs, and developing particular teaching techniques to meet those needs. (e) Development of curricula and educational aides to meet the educational needs of disadvantaged children, with emphasis upon improving comprehension of, and facility in, the language, and cultural enrichment, and including the development of new approaches to the teaching of academic subjects which will enhance abstract thinking and sharpen the cognitive skills. (f) Providing comprehensive health services, including medical and dental examinations, programs in nutrition, psychological counseling and speech therapy. (g) Experimentation in grouping of children to realize the maximum benefits for children. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] SECTION 54526. Source version: id_d9383f96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=6. Pilot preschool followthrough programs and projects shall be established on the basis of a geographical dispersion throughout the state which is most appropriate for purposes of this article, as determined by the State Board of Education. The programs and projects shall serve as demonstration models for other school districts in the state in the coordination of preschool, kindergarten, and elementary grade instructional programs for the benefit of disadvantaged minors. (Amended by Stats. 1981, Ch. 714, Sec. 99.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 4. Compensatory Education Programs for Disadvantaged Children [54400 - 54529] ARTICLE 6. Preschool Followthrough Programs [54520 - 54529] SECTION 54529. Source version: id_d9383f98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=4.&article=6. Federal funds which may be provided for purposes of this article shall bear all the costs of the administration of the provisions of this article by the State Board of Education and the Department of Education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 10. California Student Author Program [54800 - 54804] SECTION 54800. Source version: id_be67b19e-817a-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=10. The Legislature finds and declares all of the following: (a) The trend of low-income youth struggling to become proficient in reading and writing is a narrative that is passed down from era to era. (b) According to The Literacy Project, there are currently 45 million Americans who are functionally illiterate and unable to read above a 5th grade level. In California, 25 percent of the state’s 6 million pupils are unable to perform basic reading skills. (c) According to the organization DoSomething.org, nearly 85 percent of the juveniles who face trial in the juvenile court system are functionally illiterate, proving that there is a close relationship between illiteracy and crime. (d) Over half of California pupils failed to meet English standards based on Spring 2017 standardized test results, a performance that remained essentially flat compared to the previous year. (e) About 49 percent of pupils statewide met or exceeded English standards on the California Assessment of Student Performance and Progress in 2017, which is administered to public school pupils at certain grade levels each year. The same proportion of California pupils met English standards in 2016. (f) For decades, generational illiteracy has hindered the careers, futures, and hopes of many pupils and their families. (Added by Stats. 2018, Ch. 33, Sec. 5. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 10. California Student Author Program [54800 - 54804] SECTION 54801. Source version: id_0d260873-0c98-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=10. There is hereby established the California Student Author Program to accomplish all of the following for public schoolage children from extremely low-income communities: (a) Improve English language skills. (b) Improve academic performance. (c) Build healthy relationships with the community. (d) Equip participants with critical life skills. (e) Promote positive life choices. (f) Increase literacy, reading, and writing among program participants. (Amended by Stats. 2019, Ch. 497, Sec. 74. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 10. California Student Author Program [54800 - 54804] SECTION 54802. Source version: id_176700a5-0c98-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=10. (a) Any organization that is a grant recipient pursuant to Section 54804 shall implement the literacy program described in this section in the 2019–20 and 2020–21 school years. (b) A grant recipient shall provide the literacy program described in this section to public schoolage children who are eligible for free and reduced cost lunch. (c) A grant recipient shall establish a student author program to provide the participants an opportunity to write, edit, and promote a short story or other forms of literature. A grant recipient should provide regular, sequential student author workshops that parallel or complement school calendars, such as quarterly, semester, or summer and vacation-intensive programs that include, but are not limited to, the following components: (1) Writing and editing, including instruction in the skills necessary for creative writing. (2) Publishing an anthology. (3) Marketing, media, and community relations, including instruction in book brand development and entrepreneurship. (4) Individual and group presentations. (5) Community-based book signing events. (d) Grant recipients are expected to implement programming that does all of the following: (1) Fosters critical thinking in student authors. (2) Teaches students to practice effective problem solving. (3) Instructs students on creating an outline for their writing project. (4) Teaches students to develop promotional and advertising tools. (5) Provides students with an understanding of how to create a literary character and an engaging plot. (e) A grant recipient shall collect and provide to the California State Library, on a reporting schedule set by the California State Library, any information sought by the library, including achieving the outcomes listed in Section 54801 and the reporting data described in Section 54803. (Amended by Stats. 2019, Ch. 497, Sec. 75. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 10. California Student Author Program [54800 - 54804] SECTION 54803. Source version: id_be67d8b4-817a-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=10. (a) Not later than January 1, 2022, the California State Library shall report to the Legislature on the outcomes of the California Student Author Program. The report shall include, but is not limited to, all of the following information: (1) The extent to which the project accomplished the outcomes described in Section 54801. (2) Demographic data about program participants, disaggregated by race, gender, foster youth, and English learners. (b) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code. (2) The report prepared pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2018, Ch. 33, Sec. 5. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 10. California Student Author Program [54800 - 54804] SECTION 54804. Source version: id_21c67d57-0c98-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=10. (a) (1) The California State Library shall provide grant awards for purposes of this article to nonprofit organizations, public libraries, and local educational entities that have demonstrated experience in providing similar literacy programs to children in extremely low-income communities. (2) The California State Library shall select grant recipients for the California Student Author Program with the participation goal of at least 1,000 public schoolage students, cumulatively, over the course of the 2019–20 and 2020–21 school years. (b) A grant recipient shall use the funds awarded pursuant to this article only for the purposes described in this article. (c) The California State Library may use up to 3 percent of the funds appropriated for the purposes of this article for administrative costs. (Amended by Stats. 2019, Ch. 497, Sec. 76. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685.1] SECTION 54680. Source version: id_1bb2e0bb-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=4. (a) The Dream Resource Center Grant Program is hereby established with the goal of creating Dream Resource Centers at schoolsites that serve pupils in grades 9 to 12, inclusive. (b) The purpose of a Dream Resource Center is to provide pupils, including undocumented pupils, in grades 9 to 12, inclusive, with resources that include, but are not limited to, all of the following: (1) Financial aid support. (2) Social services support. (3) State-funded immigration legal services. (4) Academic opportunities. (5) Parent and family workshops. (c) For purposes of this article, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2023, Ch. 424, Sec. 1. (AB 278) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685.1] SECTION 54681. Source version: id_189a8410-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=4. (a) The department shall administer the Dream Resource Center Grant Program, which shall be a four-year grant program. (b) (1) (A) A local educational agency, including those that have already established a Dream Resource Center at one or more schoolsites, may apply for funds for one or more schoolsites within the local educational agency. (B) A local educational agency that can demonstrate that they are already providing resources specified in subdivision (b) of Section 54680 through existing programmatic structures, including, but not limited to, community schools or redesigned high schools, may also apply for funds to establish a Dream Resource Center and expand upon existing services. (2) An application shall demonstrate the need for a Dream Resource Center at one or more schoolsites within the local educational agency or the need for supplemental funding at one or more schoolsites within the local educational agency that has already established a Dream Resource Center. (Amended by Stats. 2026, Ch. 65, Sec. 121. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685.1] SECTION 54682. Source version: id_1b4b7342-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=4. (a) The department shall perform all of the following functions in the administration of the Dream Resource Center Grant Program: (1) Review applications and award grants based off of a tiered point system that prioritizes applications for funding as follows: (A) Local educational agencies that are applying for funds for multiple schoolsites shall be given additional points. (B) Local educational agencies in underserved areas, including those in rural areas, shall be given additional points to ensure local educational agencies across the state are given fair opportunities for funding. (C) Local educational agencies that serve a large number of English learners shall be given additional points. (D) Local educational agencies that serve a large number of pupils who are eligible for free or reduced-price meals, as defined in Section 42238.01, shall be given additional points. (E) Award no more than 5 percent of the total funding to supplementing the funding of existing Dream Resource Centers. (2) Identify data to be collected by grant recipients. (3) Identify how the department will collect data reported by grant recipients. (b) The department and local educational agencies shall ensure that any data collected or reported pursuant to this program, including any data collected by community-based organizations or institutions of higher education pursuant to Section 54683, complies with Section 234.7, as well as any other restrictions, prohibitions, or other requirements of state or federal law regarding the confidentiality of pupil and family information. (Amended by Stats. 2026, Ch. 65, Sec. 122. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685.1] SECTION 54683. Source version: id_1e075ef4-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=4. (a) A grant recipient shall use the grant for either of the following purposes: (1) (A) To create a Dream Resource Center that provides pupils with the resources identified pursuant to subdivision (b) of Section 54680. (B) Schoolsites may choose to have the Dream Resource Center solely supported by the schoolsite or can choose to have the Dream Resource Center be supported through memorandums of understanding between the schoolsite and community-based organizations or institutions of higher education. (2) To supplement, but not supplant, funding for an existing Dream Resource Center that provides pupils with the resources identified pursuant to subdivision (b) of Section 54680. (b) At the conclusion of the grant term, grant recipients shall provide a final report to the department containing both of the following: (1) Data collected pursuant to paragraph (2) of subdivision (a) of Section 54682. (2) Successes, best practices, barriers or constraints, outcomes, and other components specified by the department. (Amended by Stats. 2026, Ch. 65, Sec. 123. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685.1] SECTION 54684. Source version: id_20beddd6-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=4. On or before December 30, 2028, again on or before December 30, 2030, and again on or before December 30, 2032, the department shall submit a report to the appropriate policy committees of the Legislature detailing the successes, best practices, barriers or constraints, and outcomes of Dream Resource Centers funded with grants pursuant to this article. The report shall include the data collected pursuant to paragraph (2) of subdivision (a) of Section 54682. (Amended by Stats. 2026, Ch. 65, Sec. 124. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685.1] SECTION 54685. Source version: id_1bb307d5-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=4. This article shall be implemented only upon an appropriation by the Legislature for its purposes in the annual Budget Act or other statute. (Added by Stats. 2023, Ch. 424, Sec. 1. (AB 278) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 4. Dream Resource Center Grant Program [54680 - 54685.1] SECTION 54685.1. Source version: id_d69b7114-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=4. (a) For the 2026–27 fiscal year, the sum of seventy five million dollars ($75,000,000) is hereby appropriated from the General Fund to the department to support the Dream Resource Center Grant Program pursuant to this article. This funding shall be available for encumbrance until June 30, 2030. (b) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2025–26 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2025–26 fiscal year. (Added by Stats. 2026, Ch. 65, Sec. 125. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 5. Partnership Academies [54690 - 54697] SECTION 54690. Source version: id_e8a01e94-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=5. (a) The Legislature hereby finds and declares that the partnership academies program has proven to be a highly effective state-school-private sector partnership, providing combined academic and occupational training to high school pupils who present a high risk of dropping out of school, and motivating those pupils to stay in school and graduate. Partnership academies are functioning in high schools across the state, with occupational education and skills development successfully offered in California’s 15 different industry sectors, including electronics, computer technology, finance, agribusiness, alternative energy, environmental design and construction, graphic arts and printing, international business, and space. Partnership academies have been honored with national awards for excellence, and the California partnership academies have been given high accolades in various textbooks and studies addressing career technical education or science, technology, engineering, and mathematics (STEM) programs. (b) The Legislature finds the partnership academies are in the forefront of school efforts to integrate academic and career technical education or STEM, and that they can be effective in providing an integrated learning program and high motivation toward pursuing skilled occupational fields to pupils at risk of dropping out of school and to pupils not motivated by the regular educational curriculum. Further, the Legislature finds the partnership academies can make a very positive contribution towards meeting the needs of the state for a highly skilled and educated workforce in the 21st century. (c) Therefore, the Legislature hereby states its intent to expand the number of partnership academies in this state’s high schools, hereafter to be known as California Partnership Academies; to broaden the availability of these learning experiences to interested pupils who do not meet the criteria of at-promise pupils; and to encourage the establishment of academies whose occupational fields address the needs of developing technologies. (d) For purposes of this article, “at-promise pupil” means a pupil enrolled in high school who is at risk of dropping out of school, as indicated by at least three of the following criteria: (1) Past record of irregular attendance. For purposes of this section, “irregular attendance” means absence from school 20 percent or more of the school year. (2) Past record of underachievement in which the pupil is at least one-third of a year behind the coursework for the respective grade level, or as demonstrated by credits achieved. (3) Past record of low motivation or a disinterest in the regular school program. (4) Disadvantaged economically. (5) Scoring below basic or far below basic in mathematics or English language arts on the standardized test administered pursuant to Article 4 (commencing with Section 60640) of Chapter 5 of Part 33. (6) Maintaining a grade point average of 2.2 or below, or the equivalent of a C minus. (e) Up to one-half of the pupils enrolled at a partnership academy may be pupils who do not meet the criteria of at-promise pupils. (f) The department may expend no more than 5 percent of the funds received to carry out this article on administrative expenses. (Amended by Stats. 2022, Ch. 114, Sec. 1. (AB 1923) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 5. Partnership Academies [54690 - 54697] SECTION 54691. Source version: id_09fed820-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=5. Commencing with the 1993–94 fiscal year, from the funds appropriated for that purpose, the Superintendent shall issue grants to school districts maintaining high schools that meet the specifications of Section 54692, for purposes of planning, establishing, and maintaining academies, as follows: (a) The Superintendent may issue planning grants for purposes of planning partnership academies. The Superintendent shall ensure that the planning grants are equitably distributed among high-wealth and low-wealth school districts in urban, rural, and suburban areas. Each planning grant shall be in the amount of fifteen thousand dollars ($15,000). (b) For the 1993–94 fiscal year, and each fiscal year thereafter, the Superintendent may issue grants for the implementation and maintenance of existing academies or academies planned pursuant to subdivision (a). Implementation and maintenance grants shall be calculated in accordance with the following schedule: (1) Districts operating academies may receive one thousand four hundred dollars ($1,400) per year for each qualified pupil enrolled in an academy during the first year of that academy’s operation, provided that no more than forty-two thousand dollars ($42,000) may be granted to any one academy for the initial year. (2) Districts operating academies may receive one thousand two hundred dollars ($1,200) for each qualified pupil enrolled in an academy during the second year of that academy’s operation, provided that no more than seventy-two thousand dollars ($72,000) may be granted to any one academy for the second year. (3) Districts operating academies may receive nine hundred dollars ($900) for each qualified pupil enrolled in an academy during the third and following years of that academy’s operation, provided that no more than eighty-one thousand dollars ($81,000) may be granted to any one academy for each fiscal year. (c) For purposes of this section, a qualified pupil is a pupil who is enrolled in a partnership academy for the 10th, 11th, or 12th grade, obtains 90 percent of the credits each academic year in courses that are required for graduation, and does any of the following: (1) Successfully completes a school year during the 10th grade with an attendance record of no less than 80 percent. (2) Successfully completes a school year during the 11th grade with an attendance record of no less than 80 percent. (3) Successfully graduates after the 12th grade. A pupil enrolled in an academy who successfully completes only one semester with regard to enrollment, attendance, and credits within the school year is considered qualified for that semester and the district may receive one-half of the funds specified under subdivision (b) for that pupil. (d) At the end of each school year, school districts that have been approved to operate academies pursuant to this article shall certify the following information to the Superintendent: (1) The operation of each academy in accordance with this article, including Sections 54692 and 54694. (2) The number of qualified pupils enrolled during the just completed school year, by grade level, for each academy operated by the district. (3) The amount of matching funds and the dollar value of in-kind support made available to each academy in accordance with subdivisions (a) and (b) of Section 54692. (e) The Superintendent shall adjust each school district’s grant in accordance with the certification made to him or her pursuant to subdivision (d) or in accordance with any discrepancies to the certification that may be revealed by audit. Notwithstanding the provisions of this section, the Superintendent may advance up to 50 percent of the funds as he or she deems appropriate to districts that are approved to operate, or plan to operate partnership academies. (f) Funds granted to school districts pursuant to this article may be expended without regard to fiscal year. However, the funds must be expended for the maintenance and operation of academies. (Amended by Stats. 2010, Ch. 650, Sec. 2. (SB 1354) Effective January 1, 2011. Operative July 1, 2011, by Sec. 4 of Ch. 650.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 5. Partnership Academies [54690 - 54697] SECTION 54692. Source version: id_aefa4743-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=5. In order to be eligible to receive funding pursuant to this article, a school district shall provide all of the following: (a) An amount equal to a 100-percent match of all funds received pursuant to this article in the form of direct and in-kind support provided by the district. (b) An amount equal to a 100-percent match of all funds received pursuant to this article in the form of direct and in-kind support provided by participating companies or other private sector organizations. (c) An assurance that state funds provided by the partnership academies program shall be used only for the development, operation, and support of partnership academies. (d) An assurance that each academy will be established as a “school within a school.” Academy teachers shall work as a team in planning, teaching, and troubleshooting program activities. Classes in the academy program shall be limited to academy pupils as specified in subdivision (e). Each participating school district shall establish an advisory committee consisting of individuals involved in academy operations, including school district and school administrators, lead teachers, and representatives of the private sector. (e) Assurance that each academy pupil will be provided with the following: (1) Instruction in at least three academic subjects each regular school term that prepares the pupil for a regular high school diploma, and, where possible and appropriate, to meet the subject requirements for admission to the California State University and the University of California. These subjects should contribute to an understanding of the occupational field of the academy. (2) Career technical education or science, technology, engineering, and mathematics (STEM) courses offered at each grade level at the academy that are part of an occupational course sequence that targets comprehensive skills and that does the following: (A) Provides career technical education or STEM courses in high skill occupations of regional and local economic need. (B) Focuses on occupations requiring comprehensive skills leading to higher than entry-level wages, or the possibility of significant wage increases after a few years on the job, or both. (C) Provides a sequence of courses that build upon each other in knowledge, skill development, and experience, and ends in a capstone course that includes an internship component. (D) Prepares pupils for employment and postsecondary education. Sequenced courses shall be linked to certificate and degree programs in the region, where possible. (E) Whenever possible, prepares pupils for industry-recognized certifications. (F) Whenever possible and appropriate, offers career technical education or STEM courses that also meet the subject requirements for admission to the California State University and the University of California. (3) A class schedule that limits the attendance to the classes required in paragraphs (1) and (2) to pupils of the academy. Whenever possible, these classes should be block scheduled in a cluster to provide flexibility to academy teachers. During the 12th grade the number of academic classes may vary. (4) A mentor from the business community during the pupil’s 11th grade year. (5) An employer-based internship or work experience that occurs in the summer following the 11th grade or during 12th grade year. (6) Additional motivational activities with private sector involvement to encourage academic and occupational preparation. (f) Assurance that academy teachers have a common planning period to interchange pupil and educational information. A second planning period should be provided for the lead teacher in addition to the normal planning period for full-time teachers and be supported as a part of the school district’s matching funds, whenever practical. (Amended by Stats. 2023, Ch. 131, Sec. 43. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 5. Partnership Academies [54690 - 54697] SECTION 54693. Source version: id_f37c4558-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=5. (a) The Superintendent shall establish eligibility criteria for school districts that apply for grants pursuant to this article. When establishing criteria, the Superintendent shall consider the commitment and need of the applicant school district. The Superintendent may consider school district indicators of need, including, but not limited to, the number or percent of pupils in poverty or with limited English proficiency, and the dropout rate. (b) Notwithstanding subdivision (a), the Superintendent shall prioritize proposals for new partnership academies based upon a school district’s enrollment of the following pupil groups: (1) Unduplicated pupils, as defined in paragraph (1) of subdivision (b) of Section 42238.02. (2) Pupils from groups historically underrepresented in career technical education or STEM programs or professions. (3) At-promise pupils, as defined in subdivision (d) of Section 54690. (c) The Superintendent may also prioritize new partnership academies for school districts located in a rural area or an economically disadvantaged area. (Amended by Stats. 2022, Ch. 114, Sec. 3. (AB 1923) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 5. Partnership Academies [54690 - 54697] SECTION 54694. Source version: id_d950a92a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=5. The Superintendent of Public Instruction shall develop guidelines with respect to the California Partnership Academies. The guidelines shall include, but not be limited to, enrollment provisions, application procedures, and student eligibility. (Amended by Stats. 1993, Ch. 574, Sec. 6. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 5. Partnership Academies [54690 - 54697] SECTION 54695. Source version: id_d9522fcc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=5. (a) The ninth grade teachers and counselors in schools maintained by school districts approved to operate academies pursuant to this article shall identify students eligible to participate in an academy. (b) Teachers and counselors in schools maintained by school districts approved to operate academies pursuant to this article, business representatives, and academy students of academies that are operating in the area shall be encouraged to make presentations to prospective students and their parents. (c) The staff of each academy shall select students from among those who have expressed an interest in the academy and whose parents or guardians have approved the student’s participation. (Amended by Stats. 1993, Ch. 574, Sec. 7. Effective January 1, 1994.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 5. Partnership Academies [54690 - 54697] SECTION 54696. Source version: id_d9522fce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=5. The Legislature finds that each new academy requires technical assistance for the academy team, administrators, teachers, and private sector participants in the multiple aspects of the academy program that differ from the standard high school program. To provide for the transfer of the experiences gained in the operation of currently successful academies to new academies, the Superintendent of Public Instruction shall develop a technical assistance team whose members have prior involvement in successful academy operation and make their expertise available, as necessary, to each new academy during its first two years of operation. (Amended by Stats. 2001, Ch. 750, Sec. 16. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 5. Partnership Academies [54690 - 54697] SECTION 54697. Source version: id_d9522fd0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=5. (a) The Superintendent of Public Instruction shall select an entity (the “evaluating entity”) to conduct a long-term evaluation of the Partnership Academies conducted pursuant to this article using a random assignment of pupils into program and control groups. The participation of any school district in this long-term evaluation is voluntary. (b) In order to qualify for participation in the evaluation of any Partnership Academy as described in subdivision (a), a school district shall demonstrate that the number of pupils seeking admission to the academy, who qualify for admission under applicable criteria, exceeds the number of openings in the academy. (c) The evaluation shall be conducted on a basis that results in no net cost to the state or to any participating school district. The evaluating entity is responsible for obtaining, from other sources, any funding that is necessary for the purposes of subdivision (a). (d) Notwithstanding any other provision of law, the evaluating entity shall have access to pupil records, to the extent permitted by federal law, as necessary to perform the evaluation. The evaluating entity shall ensure that all personally identifiable information regarding any pupil and his or her parent or guardian remains confidential. (e) The evaluating entity shall coordinate its evaluation activities under subdivision (a) with the Superintendent of Public Instruction, and provide the superintendent with the results of the evaluation upon completion. The Superintendent of Public Instruction shall submit the results of the evaluation to the Legislature. (Added by Stats. 1992, Ch. 1213, Sec. 5. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 6. University and College Opportunities Program [54700 - 54704] SECTION 54700. Source version: id_d9522fd4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=6. It is the intent and purpose of the Legislature that the University and College Opportunities Program provided for in this article shall be directed to improve the preparation of elementary and secondary school pupils for their successful matriculation through courses of study at two-year and four-year institutions of postsecondary education. It is the intent and purpose of the Legislature that school districts be authorized to establish college preparatory programs targeted towards pupils from groups which are underrepresented in institutions of postsecondary education. It is further the intent of the Legislature that funding for these programs shall be derived from existing funds apportioned to participating school districts so as to result in no additional costs to the state. It is further the intent of the Legislature that participating school districts shall be encouraged to coordinate and utilize new and existing resources and service networks available to them and that they solicit the participation of the California Community Colleges, the California State University and Colleges, the University of California, and other public and private sector entities. (Added by Stats. 1982, Ch. 1298, Sec. 16.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 6. University and College Opportunities Program [54700 - 54704] SECTION 54701. Source version: id_d953b676-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=6. Any school district may apply to establish a University and College Opportunities Program with existing local or categorical funds. Any funds which may be donated by businesses or foundations may be used by participating districts to establish science and math regional centers which provide high quality science and mathematics instruction not normally available in regular school, to establish summer programs to provide academic enrichment in math, science, and English, and career awareness programs in professions requiring math and science backgrounds. Participation on the part of any school district shall be voluntary. Districts currently participating in existing categorical aid programs may utilize existing plans developed for these programs to describe their University and College Opportunities Program. The existing district plans and school plans submitted in the applications adopted by the State Board of Education pursuant to the rules and regulations adopted under Section 54704 shall contain a description of the University and College Opportunities Program, including the following: (a) A description of the proposed program administration, staff training, and pupil identification and assessment components. (b) A description of the comprehensive program, which shall be of sufficient size and scope to meet the intent of this article and which shall include, but not be limited to, the following criteria: (1) Assurances that the instructional program will maintain a sound curriculum for pupils, particularly for pupils from those underrepresented groups identified pursuant to the passage of Resolution Chapter 212 of the Statutes of 1974, to meet the minimum university requirements to excel in math, science, and other technology-based careers. (2) Academic advising to assist pupils who desire to enter into careers in the fields of math and science to select classes that best prepare them for study at the university and college levels in these fields. (3) College counseling to assist pupils in preparing the necessary application forms for college admission, to procure scholarships and other financial aid, and to meet all deadlines for these programs. (4) Career counseling to inform pupils of the opportunities and options available to them within the mathematics-based professions, such as the fields of engineering, business administration, and computer sciences. (5) The establishment of tutorial programs and study groups to enable pupils to develop the study skills necessary to compete successfully at the postsecondary level. (6) The establishment and operation of summer programs to provide academic enrichment in mathematics, science, and English as well as providing an orientation to those professions requiring a background in mathematics. (7) The development of strategies for parental involvement. (8) The development of appropriate pupil and staff incentive awards. (9) The development of a system for collecting follow-up data on pupils who participate in the program. (10) Assurances that the educational needs of pupils intended to be served by categorical funds used by this program will continue to be addressed. (c) A description of the district’s plans for the participation of appropriate advisory groups, representatives from postsecondary institutions, representatives from private organizations and, whenever feasible, Mathematics, Engineering, Science Achievement (MESA) coordinators. (Added by Stats. 1982, Ch. 1298, Sec. 16.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 6. University and College Opportunities Program [54700 - 54704] SECTION 54702. Source version: id_d953b678-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=6. School districts participating in the University and College Opportunities Program may enter into contractual agreements with neighboring community colleges, public and private universities and colleges, and other private and public sector entities for the utilization of facilities and services necessary to operate a University and College Opportunities Program. Participating districts may also enter into agreements with other districts to establish cooperative programs or to operate regional centers for instruction in the math- and science-related fields. (Added by Stats. 1982, Ch. 1298, Sec. 16.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 6. University and College Opportunities Program [54700 - 54704] SECTION 54703. Source version: id_d953b67a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=6. The Superintendent of Public Instruction shall prepare rules and regulations necessary to implement the provisions of this article, including rules and regulations which: (a) Prescribe the procedure by which a district shall identify pupils who are traditionally underrepresented in higher education. (b) Provide for the rendering of technical assistance which, upon request, shall be available to enable school districts and schools to design, implement, or evaluate the University and College Opportunities Programs authorized by this article. (c) Identify effective practices regarding, but not necessarily limited to, University and College Opportunities Programs and which disseminate information regarding these programs to each participating school district and county superintendent of schools. (d) Develop, in conjunction with the California Postsecondary Education Commission, common data elements, which can be used by secondary and postsecondary educators to assess and improve program performance. (Added by Stats. 1982, Ch. 1298, Sec. 16.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 6. University and College Opportunities Program [54700 - 54704] SECTION 54704. Source version: id_d9553d1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=6. The State Board of Education shall adopt rules and regulations necessary to implement the provisions of this article on or before March 1, 1983. (Added by Stats. 1982, Ch. 1298, Sec. 16.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54740. Source version: id_d95b57c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. This article shall be known and may be cited as the California School Age Families Education Program (Cal-SAFE). (Added by Stats. 1998, Ch. 1078, Sec. 11. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54741. Source version: id_d95b57c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. The Legislature hereby finds and declares all of the following: (a) Adolescents, due to early pregnancy and childbearing, experience significant educational losses leading to a lifelong loss of schooling. (b) Although less than a quarter of California’s pregnant and parenting teen mothers use welfare as teenagers, over time they make up a significant percentage of the AFDC caseload. Half of all unmarried teen mothers go on welfare within four years of the birth of their children and 42 percent of all AFDC mothers began families as teenagers. (c) In 1995, there were 123,240 pregnant and parenting mothers age 18 years and younger. (d) Approximately one-quarter of teen mothers in California will experience a second or subsequent birth while in their teen years. (e) The number one reason cited by females for dropping out of school is pregnancy and parenting responsibilities, although existing school data collection systems do not include the number of pregnant and parenting pupils enrolled in school nor the number who drop out of school due to pregnancy and parenting responsibilities. (f) Eighty percent of females who become mothers before the age of 18 do not finish high school, and 40 percent of females who give birth by age 15 do not complete the 8th grade. (g) Young women with poor basic skills, regardless of ethnicity, are five times as likely to become mothers before age 16 as are those with average basic skills, and young women with poor or fair basic skills are four times as likely as those with average basic skills to have more than one child in their teens. (h) Teen fathers are at high risk of low educational achievement, as they are more likely to drop out of school to secure low-paying, unskilled jobs with little promise of future improvement. (i) Children of teenage mothers have a greater chance of experiencing behavior problems during adolescence, engaging in delinquent or criminal activities, becoming sexually active at a young age, and becoming teen parents. (j) School-based programs for pregnant and parenting teens and their children offering a wide range of educational and supportive services, including child care and transportation, which begin during pregnancy and continue after childbirth, have been successful in increasing school enrollment and high school graduation rates, and reducing the incidence of low birth weight babies and repeat pregnancies. (k) School-based programs targeting pregnant and parenting teens and their children are often nonexistent or fragmented, have inequitable program funding, lack comprehensive integrated school-linked services, lack useful school data, and often have not been evaluated. (Added by Stats. 1998, Ch. 1078, Sec. 11. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54742. Source version: id_d95b57c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. (a) It is the intent of the Legislature to establish a comprehensive, continuous, and community linked school-based program that focuses on youth development and dropout prevention for pregnant and parenting pupils and on child care and development services for their children for the purpose of improving results for approximately 60,000 pupils and their children. (b) The goals of the program are all of the following: (1) A significant number of eligible female and male pupils in need of targeted supportive services related to school success will be served. (2) Pupils shall have the opportunity to be continuously enrolled in the Cal-SAFE program through graduation from high school. (3) Pupils served who receive program services for one or more years will earn a high school diploma or its equivalent or demonstrate progress towards completion of education goals. (4) Pupils served who graduate will transition to postsecondary education, including a technical school, or into the world of work. (5) Pupils served and their children will not become welfare dependent. (6) Pupils served will demonstrate effective parenting skills. (7) Pupils served will not have a repeat birth or father a repeat pregnancy before graduating from high school. (8) Pregnant pupils served will not have a low birth weight baby. (9) Children of enrolled teen parents will receive child care and development services based upon the assessed developmental and health needs of each child. (10) Children of enrolled teen parents will receive health screening and immunizations except when the custodial parent annually provides a written request for an exemption pursuant to Section 49451 and Section 120365 of the Health and Safety Code. (11) Children of enrolled teen parents will have enhanced school readiness, demonstrate progress towards meeting their assessed developmental goals, or both. (c) It is the intent of the Legislature that if there are not enough resources to serve all eligible pupils, the program shall target services to pupils who are most in need or to pupils who are least likely to access services on their own. (d) It is the intent of the Legislature that Cal-SAFE programs be integrated with local Adolescent Family Life programs and Cal-Learn programs in a manner that avoids duplication of services. (Amended by Stats. 2000, Ch. 1057, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54743. Source version: id_d95cde66-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. For the purposes of this chapter, the following definitions shall apply: (a) “Case management” means a process that ensures that the pupil and child receive identified needed services in an efficient, supportive, and cost effective manner. The process is interactive, pupil-centered, culturally appropriate, and goal-oriented. (b) “Child care and development program” means developmentally appropriate learning activities for the children of enrolled teen parents that are provided when the child’s teen parent is, or parents are, participating in a school-approved activity both during and outside the schoolday. (c) “Intake process” means the interactive process upon entry into the Cal-SAFE program through which academic and service needs are inventoried and demographic data are collected. (d) “Interventions” means services needed to correct or ameliorate a pupil’s health, psychosocial, educational, vocational, daily living, or economic problems, which may impede the pupil from achieving the program goals. (e) “Local education agency” means a school district or county office of education. (f) “Support services” means services, as referenced in subdivision (b) of Section 54746, that will enhance the academic ability of the enrolled pupil in order for her or him to earn a high school diploma or its equivalent and for healthy development of their children. (g) “Title IX of the Education Amendments of 1972 Regulations” refers to federal Public Law 92-318 and the regulations set forth in Section 106.1 and following of Title 34 of the Code of Federal Regulations, which prohibit discrimination against pupils, among other things, because of their pregnant or parenting status. (h) “Expectant parent” means a female who is pregnant or a male who voluntarily identifies himself as the parent of an unborn child, and who meets eligibility criteria specified in Section 54747. (Amended by Stats. 2002, Ch. 1168, Sec. 42. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54744. Source version: id_d95cde68-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. (a) It is the intent of the Legislature that communities implementing new programs or initiatives connect with existing program strategies and build upon existing local collaboratives, when possible, to provide a unified integrated system of service for children and families. (b) No application for participation in the Cal-SAFE program is complete unless each county superintendent of schools, in conjunction with superintendents of school districts, the Adolescent Family Life Program, the Cal-Learn program, the local child care and development planning council as defined by Section 8499.5, and, as appropriate, other existing organizations such as Healthy Start and local job training councils, have developed a county service coordination plan for providing educational and related support services to pregnant and parenting teens and their children. (c) The county service coordination plan shall include, at a minimum, all of the following information: (1) Incidence of live births to teen mothers by a method to be determined by the State Department of Education. (2) Incidence of pregnant and parenting pupils receiving welfare aid by a method to be determined by the State Department of Education. (3) Incidence of low birth weight children born to teen mothers by a method to be determined by the State Department of Education. (4) Educational alternatives for pregnant and parenting teens. (5) Child care and development resources for the children of teen parents. (6) Public and private resources providing support services necessary for pregnant and parenting teens to achieve academically. (7) Gaps and overlaps in educational and support services for pregnant and parenting pupils and their children. (8) Proposed strategies to address identified gaps and overlaps in services. (d) The county service coordination plan shall be submitted to the State Department of Education no later than June 1, 2000. (e) If the county service coordination plan is not submitted to the State Department of Education by June 1, 2000, a local education agency may only operate a Cal-SAFE program on an interim basis until January 1, 2001. (f) The county superintendent of schools, in conjunction with superintendents of school districts, the Adolescent Family Life Program, the Cal-Learn program, the local child care and development planning council as defined by Section 8499.5, and, as appropriate, other existing organizations such as Healthy Start and local job training councils, shall annually review the county service coordination plan, update the plan as needed, disseminate the revised plan to superintendents of school districts within its jurisdiction, and submit a copy of the revised plan to the State Department of Education. (Amended by Stats. 2000, Ch. 71, Sec. 20. Effective July 5, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54745. Source version: id_d95cde6a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. (a) In the administration of the Cal-SAFE program, the following provisions apply: (1) Participation by a school district or county superintendent of schools in the Cal-SAFE program is voluntary. (2) The governing board of a school district or county superintendent of schools may submit an application to the State Department of Education in the manner, form, and by the date specified by the department to establish and maintain a Cal-SAFE program. (3) A school district or county superintendent of schools approved to implement the Cal-SAFE program shall be funded as one program to be operated at one or multiple sites depending upon the need within the service area. (4) Notwithstanding any other law, a school district or county superintendent of schools operating, by October 1, 1999, a School Age Parent and Infant Development Program pursuant to Article 17 (commencing with Section 8390) of Chapter 2 of Part 6, a Pregnant Minors Program pursuant to Chapter 6 (commencing with Section 8900) of Part 6 and Section 2551.3, or a Pregnant and Lactating Students Program pursuant to Sections 49553 and 49559, as those provisions existed prior to January 1, 1999, or any combination thereof, that chooses to participate in the Cal-SAFE program shall have priority for Cal-SAFE program funding for an amount up to the dollar amount provided to each school district or county superintendent of schools under those provisions in the fiscal year prior to participation in the Cal-SAFE program, provided that an application is submitted and approved. (5) If a school district or county superintendent of schools operating a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program, or any combination thereof, chooses not to participate in the Cal-SAFE program, it is the intent of the Legislature that the funding it would have received for the operation of those programs shall be redirected to the Cal-SAFE program and the school district or county superintendent of schools may apply in a subsequent school year to operate a Cal-SAFE program. (6) A school district or county superintendent of schools that terminates its Cal-SAFE program may reapply to establish a Cal-SAFE program. (7) In order to continue implementation of the Cal-SAFE program beyond the initial three years of funding, each funded agency shall be reviewed by the department to determine progress towards achieving the goals set forth in Section 54742. Thereafter, funded agencies shall be reviewed and reauthorized every five years based upon a process determined by the department to continue implementation of a Cal-SAFE program. (b) All of the following requirements apply to an application for the Cal-SAFE program: (1) The governing board of a participating local education agency shall adopt a policy or resolution declaring its commitment to provide a comprehensive, continuous, community-linked program for expectant and parenting pupils and their children that reflects the cultural and linguistic diversity of the community. (2) The local education agency shall provide assurance for participation in the development of the County Service Coordination Plan as described in Section 54744. (3) A school district or county superintendent of schools shall agree to participate in the data collection and evaluation of the Cal-SAFE program. (c) To implement a Cal-SAFE program, the funded school district, or county superintendent of schools shall meet all of the following criteria: (1) Be in compliance with the regulations adopted pursuant to Title IX of the Education Amendments of 1972. (2) Ensure that enrolled pupils retain their right to participate in any comprehensive school or educational alternative programs in which they could otherwise enroll. School placement and instructional strategies shall be based upon the needs and styles of learning of the individual pupils. The classroom setting shall be the preferred instructional strategy unless an alternative is necessary to meet the needs of the individual parent, child, or both. (3) Enroll pupils into the Cal-SAFE program on an open entry and open exit basis. (4) Provide a quality education program to pupils in a supportive and accommodating learning environment with appropriate classroom strategies to ensure school access and academic credit for all work completed. (5) Provide parenting education and life skills instruction to enrolled pupils. (6) Make maximum utilization of available programs and facilities to serve expectant and parenting pupils and their children. (7) Provide a quality child care and development program for the children of enrolled teen parents located on or near the schoolsite. (8) Make maximum utilization of its local school food service program. (9) Provide special school nutrition supplements, as defined by subdivision (b) of Section 49553, to pregnant and lactating pupils. (10) Enter into formal partnership agreements, as necessary, with community-based organizations and other governmental agencies to assist pupils in accessing support services or to provide child care and development services. (11) Provide staff development and community outreach in order to establish a positive learning environment and school policies supportive of expectant and parenting pupils’ academic achievement and to promote the healthy development of their children. (12) Maintain an annual program budget and expenditure report to document that funds are expended pursuant to Section 54749. (13) Assess no fees to enrolled pupils or their families for services provided through the Cal-SAFE program. (14) Establish and maintain a database in the manner and form prescribed by the State Department of Education for purposes of program evaluation. (15) Coordinate to the maximum extent possible with Cal-Learn program case managers provided pursuant to Section 11332.5 of the Welfare and Institutions Code and Adolescent Family Life Program case managers provided pursuant to Article 1 (commencing with Section 124175) of Chapter 4 of Part 2 of Division 106 of the Health and Safety Code. (Amended by Stats. 2003, Ch. 523, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54746. Source version: id_d95e650c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. (a) In meeting the goals of the program and responding to the individual needs and differences of pupils and their children to be served, the funded agency shall complete an intake procedure regarding each pupil and child upon entry into the program and periodically as needed thereafter. (b) Based upon the information provided during the intake procedure pursuant to subdivision (a), the funded agency shall determine appropriate levels and types of services to be provided. These services may not duplicate services currently provided to the pupil by a local Adolescent Family Life Program or Cal-Learn program. In addition to an academic program that meets district standards, necessary support services for pupils shall be funded by the calculation pursuant to paragraph (1) of subdivision (a) of Section 54749. Allowable expenditures for support services are as follows: (1) Parenting education and life skills instruction. (2) Perinatal education and care, including childbirth preparation. (3) Safe home-to-school transportation. (4) Case management services. (5) Comprehensive health education, including reproductive health care. (6) Nutrition education, counseling, and meal supplements. (7) School safety and violence prevention strategies targeted to expectant and parenting teens and their children. (8) Academic support and youth development services, such as tutoring, mentoring, and community service internships. (9) Career counseling, preemployment skills, and job training. (10) Substance abuse prevention education, counseling, and treatment services. (11) Mental health assessment, interventions, and referrals. (12) Crisis intervention counseling services, including suicide prevention. (13) Peer support groups and counseling. (14) Family support and development services, including individual and family counseling. (15) Child and domestic abuse prevention education, counseling, and services. (16) Enrichment and recreational activities, as appropriate. (17) Services that facilitate transition to postsecondary education, training, or employment. (18) Support services for grandparents, siblings, and fathers of babies who are not enrolled in the Cal-SAFE program. (19) Outreach activities to identify eligible pupils and to educate the community about the realities of teen pregnancy and parenting. (c) The funded agency shall provide child care and development program services located on or near the schoolsite for the children of teen parents enrolled in the Cal-SAFE program. Program services shall be funded by the revenue generated pursuant to paragraph (4) of subdivision (a) of Section 54749. (1) Participation in the child care and development component of the Cal-SAFE program shall be voluntary. (2) There is no minimum age for enrollment, but the child shall be eligible for enrollment in the child care and development component until the age of five years or the child is enrolled in kindergarten, whichever occurs first, as long as the teen parent is enrolled in the Cal-SAFE program. (3) Each child shall have a health evaluation form signed by a physician, or his or her designee, before the child is allowed on the school campus or is enrolled in the child care and development program. Health screening and immunizations shall not be required when the custodial parent annually files a written request as provided for in Section 49451 and Section 120365 of the Health and Safety Code. (4) A developmental profile shall be maintained for each infant, toddler, and child. This development profile shall be utilized by the program staff to design a program that meets the infant’s, toddler’s, or child’s developmental needs. (5) The arrangement of the child care site environment shall be safe, healthy, and comfortable for children and staff, easily maintained, and appropriate for meeting the developmental needs of the individual child. Child care sites shall meet the health and safety requirements specified in Chapter 1 (commencing with Section 101151) of, and Subchapter 2 (commencing with Section 101351) of, Division 12 of Title 22 of the California Code of Regulations. (6) The child care and development component of the Cal-SAFE program shall operate pursuant to applicable sections of Chapter 2 (commencing with Section 8200) of Part 6. In addition to meeting the requirements of Section 8360, teachers shall have at least three semester units, or the equivalent number of quarter units, of coursework related to the care of infants and toddlers. (7) The child care site shall be available as a laboratory for parenting or related courses that are offered by the funded agency with priority given to pupils enrolled in the Cal-SAFE program. (d) In-service training for school staff on teen pregnancy and parenting-related issues may be funded from revenue generated pursuant to paragraphs (1) and (4) of subdivision (a) of Section 54749. However, use of these funds for this purpose shall supplement and, not supplant, existing resources in these areas. (e) The database required pursuant to paragraph (14) of subdivision (c) of Section 54745 may be funded from revenue appropriated for purposes of subdivision (a) of Section 54749. (Amended by Stats. 2002, Ch. 1168, Sec. 44. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54746.5. Source version: id_d95e650e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. (a) Local education agencies that are applying to operate a Cal-SAFE program pursuant to Section 54749 but which are not in full compliance may submit a timeline and a corrective action plan for approval by the Superintendent of Public Instruction on a case-by-case basis to extend, to no later than June 30, 2002, a waiver from implementation of the child care and development requirements set forth in paragraph (7) of subdivision (c) of Section 54745 and in subdivision (c) of Section 54746. (b) Local education agencies that are applying to operate a Cal-SAFE program pursuant to Section 2551.3 but are not in full compliance may submit a timeline and a corrective action plan for approval by the Superintendent of Public Instruction on a case-by-case basis to extend, to no later than June 30, 2002, a waiver from implementation of the child care and development physical environment requirements pursuant to paragraph (5) of subdivision (c) of Section 54746, and as set forth in subdivision (d) of Section 101238 of, Section 101238.2 of, subdivision (a) of Section 101238.3 of, subdivisions (b) and (c) of Section 101238.4 of, subdivisions (e), (h), and (j) of Section 101239 of, and paragraph (2) of subdivision (a) of Section 101239.2 of, Title 22 of the California Code of Regulations. (c) If the Superintendent of Public Instruction finds that a local education agency that has submitted a timeline and a corrective action plan pursuant to this section has not complied with all provisions of the corrective action plan as approved by the Superintendent of Public Instruction, the local education agency shall be ineligible for any funding pursuant to Section 2551.3 after the date of mailing of the written notification of noncompliance to the local education agency. (d) For teachers in Cal-SAFE child care programs operated pursuant to Section 54749, the Superintendent of Public Instruction may waive the qualification requirements of paragraph (6) of subdivision (c) of Section 54746 for the 2001–02 fiscal year if the superintendent determines that the existence of compelling need is appropriately documented and the applicant is making satisfactory progress toward securing a permit issued by the Commission on Teacher Credentialing. (e) For teachers in Cal-SAFE child care programs operated pursuant to Section 2551.3, the Superintendent of Public Instruction may waive the qualification requirements of paragraph (6) of subdivision (c) of Section 54746 until June 30, 2002, if the superintendent determines that the existence of compelling need is appropriately documented and the applicant is making satisfactory progress toward securing a permit issued by the Commission of Teacher Credentialing. (Added by Stats. 2001, Ch. 734, Sec. 48. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54747. Source version: id_d95e6510-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. (a) A male or female pupil, 18 years of age or younger, may enroll in the Cal-SAFE program and be eligible for all services afforded to pupils enrolled if he or she is an expectant parent, the custodial parent, or the noncustodial parent taking an active role in the care and supervision of the child, and has not earned a high school diploma or its equivalent. (b) A pupil who is an expectant parent, custodial parent, or noncustodial parent taking an active role in the care and supervision of his or her child, has not earned a high school diploma or its equivalent, and has an active special education Individualized Education Plan (IEP) shall be eligible as long as she or he has an active IEP and meets the eligibility criteria as specified in paragraph (4) of subdivision (c) of Section 56026, and shall continue to receive services identified in the IEP while enrolled in the Cal-SAFE program. (c) Pupils shall be eligible for enrollment on a voluntary basis for as long as they meet eligibility criteria specified in subdivisions (a) and (b) until they earn a high school diploma or its equivalent. (d) A pupil may not be denied initial or continuous enrollment in the Cal-SAFE program for any of the following reasons: (1) The pupil has had multiple pregnancies. (2) The pupil has more than one child. (3) The pupil’s eligibility status changed from expectant to parenting. (e) If an enrolled 18-year-old pupil reaches age 19 without earning a high school diploma or its equivalent, the pupil may be enrolled for one additional semester if the pupil has been continuously enrolled in the Cal-SAFE program since before his or her 19th birthday. (f) Pupils receiving services under Article 3.5 (commencing with Section 11331) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code are eligible for services under this chapter. Child care provided under this article shall be the primary source of child care for these recipients when participating in a Cal-SAFE program operated by school districts or county superintendents of schools. (Amended by Stats. 2002, Ch. 1168, Sec. 45. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54748. Source version: id_d95febb2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. The duties of the State Department of Education include all of the following: (a) Provision of technical assistance, focused upon transition into the Cal-SAFE program, to school districts and county superintendents of schools currently operating a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program, or any combination thereof. (b) Provision of technical assistance to school districts and county superintendents of schools that do not currently operate a School Age Parent and Infant Development Program, a Pregnant Minors Program, or a Pregnant and Lactating Students Program as defined by subdivision (a) of Section 54745. (c) Identification and sharing of information on best practices across program sites. (d) Development of benchmarks to determine to what degree pupils and children enrolled in the Cal-SAFE program attain the program goals. (e) Consultation with local education agency representatives and others, as appropriate, to develop strategies for implementation of the Cal-SAFE program. (f) Determination of areas in the state where there are pupils who are most in need or pupils who are least likely to access services on their own if there are not enough resources to serve all eligible pupils. (g) Development of an application process and approval of local education agencies to implement a Cal-SAFE program. (h) Development of operating guidelines for implementing an effective Cal-SAFE program. (i) Development of guidelines for fiscal reporting. (j) Coordination with other state agencies that administer teen pregnancy prevention and intervention programs. (k) Development of procedures to conduct program evaluation and monitoring, as appropriate. (l) Commencing March 1, 2005, and every five years thereafter, preparation and submission of a report to the Joint Legislative Budget Committee and appropriate policy and fiscal committees of the Legislature. The report shall include data, analysis of data, and an evaluation of the Cal-SAFE program. (Amended by Stats. 2000, Ch. 71, Sec. 24. Effective July 5, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54749. Source version: id_138e3ea0-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. (a) For the 2000-01 fiscal year and each fiscal year thereafter, a school district or county superintendent of schools participating in Cal-SAFE is eligible for state funding from funds appropriated for services provided for the purposes of the program as follows: (1) A support services allowance of two thousand two hundred thirty-seven dollars ($2,237) for each unit of average daily attendance generated by each pupil who has completed the intake process pursuant to subdivision (a) of Section 54746 and is receiving services pursuant to subdivision (b) of Section 54746. This allowance shall be adjusted annually by the inflation factor set forth in subdivision (b) of Section 42238.1. In no event shall more than one support service allowance be generated by any pupil concurrently enrolled in more than one educational program. (A) A support services allowance may not be claimed for units of average daily attendance reported pursuant to the following: (i) Subdivision (b) of Section 1982 for pupils attending county community schools operated pursuant to Chapter 6.5 of Part 2 (commencing with Section 1980). (ii) Pupils attending juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (iii) Pupils attending community day schools operated pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27. (iv) Pupils attending a county operated Cal-SAFE program pursuant to this article whose attendance is reported pursuant to Section 2551.3. (B) A support services allowance may not be used to supplant average daily attendance and revenue limit funding provided pursuant to paragraph (2) for the support of educational programs that Cal-SAFE program pupils attend. (2) Average daily attendance and revenue limit funding for pupils receiving services in the Cal-SAFE program shall be computed pursuant to provisions and regulations applicable to the educational program or programs that each pupil attends, except as provided in paragraph (3). (3) For attendance not claimed pursuant to paragraph (2), a county office of education may claim the statewide average revenue limit per unit of average daily attendance for high school districts, payable from Section A of the State School Fund, for the attendance of pupils receiving services in the Cal-SAFE program, provided that no other revenue limit funding is claimed for the same pupil and pupil attendance of no less than 240 minutes per day and is computed and maintained pursuant to Section 46300. (4) Except as provided in subdivision (c) of Section 54749.5, operators of Cal-SAFE programs shall be reimbursed in accordance with the amount specified in subdivision (b) of Section 8265 and the amounts specified in subdivisions (a) and (b) of Section 8265.5 for each child receiving services pursuant to the Cal-SAFE program who is the child of teen parents enrolled in the Cal-SAFE program. To be eligible for funding pursuant to this paragraph, the operational days of child care and development programs are only those necessary to provide child care services to children of pupils participating in Cal-SAFE. (5) Notwithstanding paragraph (1), pupils for whom attendance is reported pursuant to subdivision (b) of Section 1982, pupils attending juvenile court schools, and pupils attending community day schools may complete the intake process for the Cal-SAFE program and, if the intake process is completed, shall receive services pursuant to subdivision (b) of Section 54746. The children of pupils receiving services in the Cal-SAFE program pursuant to subdivision (b) of Section 54746 and attending juvenile court schools, county community schools, or community day schools are eligible for funding pursuant to paragraph (4) and no other provisions of this section. (b) Funds allocated pursuant to paragraph (1) of subdivision (a) shall be accounted for separately and shall be expended only to provide the supportive services enumerated in subdivision (b) of Section 54746, to provide in-service training as specified in subdivision (d) of Section 54746, and for the expenditures enumerated in subdivision (d) of this section. (c) Funds allocated pursuant to paragraph (4) of subdivision (a) shall be accounted for separately and shall be expended only to provide developmentally appropriate child care and development services pursuant to subdivision (c) of Section 54746 and staff development of child development program staff pursuant to subdivision (d) of Section 54746 for children of teen parents enrolled in the Cal-SAFE program for the purpose of promoting the children’s development comparable to age norms, access to health and preventive services, and enhanced school readiness. (d) Funds generated pursuant to Section 2551.3, subdivision (b) of Section 54749.5, and this section shall be accounted for separately and shall be expended only to provide the services enumerated in Section 54746 and the following expenditures as defined by the California State School Accounting Manual: (1) Expenditures defined as direct costs of instructional programs. (2) Expenditures defined as documented direct support costs. (3) Expenditures defined as allocated direct support costs. (4) Expenditures for indirect charges. (5) Expenditures defined as facility costs, including the costs of renting, leasing, lease-purchase, remodeling, or improving buildings. (e) Indirect costs may not exceed the lesser of the approved indirect cost rate or 10 percent. (f) Expenditures that represent contract payments to community-based organizations and other governmental agencies pursuant to paragraph (10) of subdivision (b) of Section 54745 for the operation of a Cal-SAFE program shall be included in the Cal-SAFE program account. (g) To the extent permitted by federal law, any funding made available to a school district or county superintendent of schools is subject to all of the following conditions: (1) The program is open to all eligible pupils without regard to any pupil’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the program. (3) The space where the program is operated is not used in any manner to foster religion during the time used for operation of the program. (h) A school district or county superintendent of schools implementing a Cal-SAFE program may establish a claims process to recover federal funds available for any services provided that are Medi-Cal eligible. (i) For purposes of serving pupils enrolled in the Cal-SAFE program in a summer school program or enrolled in a school program operating more than 180 days, eligibility for child care services pursuant to subdivision (c) of Section 54746 shall be determined by the parent’s hours of enrollment and shall be for only those hours necessary to further the completion of the parent’s educational program. (j) To meet startup costs for the opening of child care and development sites, as defined in subdivision (ab) of Section 8208, and applicable regulations, a school district or county office of education may apply for a one-time 15-percent service level exemption within the amount appropriated in the annual Budget Act for the purposes of paragraph (4) of subdivision (a) for each site meeting the criteria set forth in subdivision (ab) of Section 8208. To the extent that Budget Act funding is insufficient to cover the full costs of Cal-SAFE child care, reimbursements to all participating programs shall be reduced on a pro rata basis. A school district or county office of education shall submit claims pursuant to this subdivision with other claims submitted pursuant to this section. Funding provided for startup costs shall be utilized for approvable startup costs enumerated in subdivision (a) of Section 8275. (k) To meet costs for the renovation, repair, or improvement of an existing building to make the building suitable for licensure for child care and development services and for the purchase of new relocatable child care facilities for lease to school districts and contracting agencies that provide child care and development services, a school district or county office of education that provides child care pursuant to this article may apply for and receive funding pursuant to Section 8278.3. (l) Notwithstanding any other provision of this article, the implementation of this article is contingent upon appropriations in the annual Budget Act for the purpose of its administration and evaluation by the department. (m) Notwithstanding any other law, a charter school may apply for funding pursuant to this article and shall meet the requirements of this article to be eligible for funding pursuant to this section. (Amended by Stats. 2005, Ch. 677, Sec. 44. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.1. California School Age Families Education Program [54740 - 54749.5] SECTION 54749.5. Source version: id_741b55e3-55ba-11de-a30b-fa9346123419 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.1. (a) County superintendents who operated pregnant minors programs in the 1979–80 fiscal year, or commenced operation during the 1996–97 fiscal year, shall continue to operate pregnant minors programs in the 1980–81 fiscal year, or the 1997–98 fiscal year, as appropriate, and each fiscal year thereafter, and school districts that increased their revenue limit in the 1981–82 fiscal year pursuant to subdivision (d) of Section 42241 shall continue to operate pregnant minors programs in subsequent fiscal years, unless the program is transferred to another local education agency, or unless the county superintendent or district superintendent demonstrates that programs and services for pregnant minors, such as continuation school, home instruction, or independent instruction, are available from other local education agencies in the county, pursuant to rules and regulations adopted by the Superintendent of Public Instruction. (b) Pregnant minors programs that continue to operate pursuant to subdivision (a) and that continue to operate as Cal-SAFE programs may continue to claim funding pursuant to Section 2551.3 for an amount of average daily attendance up to the amount certified at the 1998–99 annual apportionment for that program. Programs continuing under this section may enroll pupils above the level of average daily attendance certified at the 1998–99 annual apportionment, and that additional average daily attendance shall be eligible for funding pursuant to Section 54749 and provisions that apply to the educational program that the pupil attends. (c) County offices of education that choose to retain their pregnant minor program revenue limit rather than convert to the Cal-SAFE revenue limit shall provide child care services from funds provided in their pregnant minor program revenue limit pursuant to Section 2551.3 for children of pupils comprising base year average daily attendance as certified at the 1998–99 annual apportionment. Growth funding for child care shall be equal to the proportionate share of child care funding for the specific agency’s program, determined by dividing the certified growth in pupil average daily attendance by the total certified average daily attendance. (d) Nothing in this section shall be construed as allowing a county superintendent to receive funding pursuant to Sections 2551.3 and 54749 for the same average daily attendance, or for average daily attendance generated by the same pupil on the same calendar day. (Amended by Stats. 2000, Ch. 1057, Sec. 8. Effective January 1, 2001. Note: Previously, this section was conditionally amended and renumbered from 8901 by Stats. 1998, Ch. 1078, and amended by Stats. 2000, Ch. 71.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.5. Green Technology Partnership Academies [54750- 54750.] SECTION 54750. Source version: id_566c5ce6-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.5. (a) Commencing with the 2009–10 school year, when funds become available for additional partnership academies within the total number of grants available for all partnership academies pursuant to Section 54691, the Superintendent shall issue grants for the establishment of partnership academies and shall give priority to the establishment of partnership academies dedicated to educating pupils in the emerging environmentally sound technologies until no less than one green technology partnership academy has been established in each of the nine economic regions established by the state. The academies may include, but are not limited to, technologies that educate pupils in the following areas: (1) Energy audits that include a determination of energy savings. (2) Retrofitting and weatherization activities that increase energy efficiency and conservation. (3) Energy-efficient and water-efficient buildings. (4) Retrofitting and installing energy-efficient household appliances, windows, doors, insulation, and lighting. (5) Retrofitting and installing water and energy conservation technologies in existing homes, industrial buildings, and commercial and public buildings, to improve efficiency, including the use of energy and water management technologies and control systems. (6) The design, construction, manufacture, sale, assembly, installation, and maintenance of energy-efficient technologies and renewable energy facilities, or the component parts of renewable energy technologies. (7) Energy-efficient technologies or practices and renewable energy production, or the component parts of renewable energy plants and energy distribution, including energy storage; energy infrastructure, including transmission; transportation, including logistics; and water and wastewater, including water conservation. (8) Performance and low-emission vehicle technology, automotive computer systems, mass transit fleet conversion, and the servicing and maintenance of those technologies. (9) Pollution prevention and hazardous and solid waste reduction. (10) Ocean, soil, or water conservation, or forestation strategies to mitigate climate change impacts. (b) (1) The selection of school districts to establish the green technology partnership academies and the planning and development of the green technology partnership academies shall be conducted pursuant to the procedures and requirements established in Section 54691 for all partnership academies. The planning grants shall be made available for academies pursuant to this article from the total number of grants established pursuant to Section 54691. (2) In the event a school district applies to convert an existing school program to a partnership academy and meets all the criteria for a partnership academy pursuant to Section 54692 and paragraph (3), the department, in coordination with the Superintendent, may provide that academy with first-year implementation funds, as appropriate. (3) (A) In order to be eligible for funding pursuant to this article, the coursework and internship or preapprenticeship programs of the proposed academy shall focus on the use of environmentally sound technologies and practices. The proposed academy shall demonstrate this through its efforts to obtain input from environmental industry, utilities, and professional trade organizations. (B) Staff development opportunities also shall be included in the academy plans to ensure that teaching staff has the opportunity to be educated in the use of emerging technologies and to become familiar with new materials and current practices in the field. (c) The priority established in this section may be satisfied when the specified number of green technology partnership academies meeting the requirements of this article are funded by any of, or a combination of, funds appropriated for the establishment of partnership academies. (Added by Stats. 2008, Ch. 685, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 7.7. Goods Movement Partnership Academies [54760- 54760.] SECTION 54760. Source version: id_579dff1a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=7.7. (a) Commencing with the 2009–10 school year, when funds become available for additional partnership academies within the total number of grants available for all partnership academies pursuant to Section 54691, the Superintendent shall issue grants for the establishment of partnership academies and shall give priority to the establishment of partnership academies dedicated to educating pupils in goods movement occupational areas, such as port and terminal operations, pollution prevention, performance and low-emission vehicle technology, transportation computer systems, fleet conversion, and the servicing and maintenance of those technologies, shipping, logistics, trucking, rail, air, and security, until no less than one goods movement partnership academy has been established in each of the four transportation corridors established by the state. (b) (1) The selection of school districts to establish the goods movement partnership academies and the planning and development of the goods movement partnership academies shall be conducted pursuant to the procedures and requirements established in Section 54691 for all partnership academies. The planning grants shall be made available for academies pursuant to this article from the total number of grants established pursuant to Section 54691. (2) In the event a school district applies to convert an existing school program to a partnership academy and meets all the criteria for a partnership academy pursuant to Section 54692 and paragraph (3), the department, in coordination with the Superintendent, may provide that academy with first-year implementation funds, as appropriate. (3) (A) In order to be eligible for funding pursuant to this article, the coursework and internship or preapprenticeship programs of the proposed academy shall focus significant time on the use of emerging technologies and state-of-the-art equipment. The proposed academy shall demonstrate this through its efforts to obtain input from industry and professional trade organizations. (B) Staff development opportunities also shall be included in the academy plans to ensure that teaching staff has the opportunity to be educated in the use of emerging technologies and to become familiar with new equipment and current practices in the field. (c) The priority established in this section may be satisfied when the specified number of goods movement partnership academies meeting the requirements of this article are funded by any of, or a combination of, funds appropriated for the establishment of partnership academies. (Added by Stats. 2008, Ch. 685, Sec. 3. Effective January 1, 2009. See same-numbered section in Article 9, as added by Stats. 1989, Ch. 82.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 29. PROGRAMS FOR DISADVANTAGED PUPILS [54000 - 54804] CHAPTER 9. Miscellaneous Programs [54680 - 54804] ARTICLE 9. Supplemental Grants [54760- 54760.] SECTION 54760. Source version: id_47bb8848-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=29.&chapter=9.&article=9. It is the intent of the Legislature to provide equal educational opportunity for all children in California. To achieve this end, the Legislature hereby establishes supplemental grants to be allocated to school districts that are receiving less than average funding from existing state programs. It is the intent of the Legislature that supplemental grants be funded by appropriations in the Budget Act in each of the two fiscal years following the first fiscal year in which funds for these grants are appropriated. (Added by Stats. 1989, Ch. 82, Sec. 24. Effective June 30, 1989. See same-numbered section in Article 7.7, as added by Stats. 2008, Ch. 685. Note: A similar Section 54760 in former Article 9, as added by Stats. 1989, Ch. 83, was repealed on Jan. 1, 2006, pursuant to former Section 54763.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 1. Intent [56000 - 56001] SECTION 56000. Source version: id_67c902de-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=1. (a) The Legislature finds and declares that all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs. (b) The Legislature further finds and declares that special education is an integral part of the total public education system and provides education in a manner that promotes maximum interaction between children or youth with disabilities and children or youth who are not disabled, in a manner that is appropriate to the needs of both. (c) The Legislature further finds and declares that special education provides a full continuum of program options, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings, and instruction in physical education, to meet the educational and service needs in the least restrictive environment. (d) It is the intent of the Legislature to unify and improve special education programs in California under the flexible program design of the Master Plan for Special Education. It is the further intent of the Legislature to ensure that all individuals with exceptional needs are provided their rights to appropriate programs and services which are designed to meet their unique needs under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (e) It is the further intent of the Legislature that this part does not abrogate any rights provided to individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). It is also the intent of the Legislature that this part does not set a higher standard of educating individuals with exceptional needs than that established by Congress under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (f) It is the further intent of the Legislature that the Master Plan for Special Education provide an educational opportunity for individuals with exceptional needs that is equal to or better than that provided prior to the implementation of programs under this part, including, but not limited to, those provided to individuals previously served in a development center for handicapped pupils. (g) It is the intent of the Legislature that the restructuring of special education programs as set forth in the Master Plan for Special Education be implemented in accordance with this part by all districts and county offices. (Amended by Stats. 2007, Ch. 454, Sec. 1. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 1. Intent [56000 - 56001] SECTION 56000.5. Source version: id_d96a9a38-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=1. (a) The Legislature finds and declares that: (1) Pupils with low-incidence disabilities, as a group, make up less than 1 percent of the total statewide enrollment for kindergarten through grade 12. (2) Pupils with low-incidence disabilities require highly specialized services, equipment, and materials. (b) The Legislature further finds and declares that: (1) Deafness involves the most basic of human needs—the ability to communicate with other human beings. Many hard-of-hearing and deaf children use an appropriate communication mode, sign language, which may be their primary language, while others express and receive language orally and aurally, with or without visual signs or cues. Still others, typically young hard-of-hearing and deaf children, lack any significant language skills. It is essential for the well-being and growth of hard-of-hearing and deaf children that educational programs recognize the unique nature of deafness and ensure that all hard-of-hearing and deaf children have appropriate, ongoing, and fully accessible educational opportunities. (2) It is essential that hard-of-hearing and deaf children, like all children, have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency. (3) It is essential that hard-of-hearing and deaf children have an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other special education personnel understand the unique nature of deafness and are specifically trained to work with hard-of-hearing and deaf pupils. It is essential that hard-of-hearing and deaf children have an education in which their special education teachers are proficient in the primary language mode of those children. (4) It is essential that hard-of-hearing and deaf children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level. (5) It is essential that hard-of-hearing and deaf children have an education in which their parents and, where appropriate, hard-of-hearing and deaf people are involved in determining the extent, content, and purpose of programs. (6) Hard-of-hearing and deaf children would benefit from an education in which they are exposed to hard-of-hearing and deaf role models. (7) It is essential that hard-of-hearing and deaf children, like all children, have programs in which they have direct and appropriate access to all components of the educational process, including, but not limited to, recess, lunch, and extracurricular social and athletic activities. (8) It is essential that hard-of-hearing and deaf children, like all children, have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach. (9) Each hard-of-hearing and deaf child should have a determination of the least restrictive educational environment that takes into consideration these legislative findings and declarations. (10) Given their unique communication needs, hard-of-hearing and deaf children would benefit from the development and implementation of regional programs for children with low-incidence disabilities. (Amended by Stats. 1994, Ch. 1126, Sec. 1. Effective September 30, 1994. Implementation contingent upon funding, as prescribed by Sec. 6 of Ch. 1126.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 1. Intent [56000 - 56001] SECTION 56001. Source version: id_df235c1e-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=1. It is the intent of the Legislature that special education programs provide all of the following: (a) Each individual with exceptional needs is assured an education appropriate to his or her needs in publicly supported programs through completion of his or her prescribed course of study or until the time that he or she has met proficiency standards prescribed. (b) Early educational opportunities shall be available to all children between the ages of three and five years who require special education and services. (c) Early educational opportunities shall be made available to children younger than three years of age pursuant to Chapter 4.4 (commencing with Section 56425), appropriate sections of this part, and the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code). (d) Any child younger than three years of age, potentially eligible for special education, shall be afforded the protections provided pursuant to the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) and Section 1439 of Title 20 of the United States Code and implementing regulations. (e) Each individual with exceptional needs shall have his or her educational goals, objectives, and special education and related services specified in a written individualized education program. (f) Education programs are provided under an approved local plan for special education that sets forth the elements of the programs in accordance with this part. This plan for special education shall be developed cooperatively with input from the community advisory committee and appropriate representation from special and regular teachers and administrators selected by the groups they represent to ensure effective participation and communication. (g) Individuals with exceptional needs are offered special assistance programs that promote maximum interaction with the general school population in a manner that is appropriate to the needs of both, taking into consideration, for hard-of-hearing or deaf children, the individual’s needs for a sufficient number of age and language mode peers and for special education teachers who are proficient in the individual’s primary language mode. (h) Pupils are transferred out of special education programs when special education services are no longer needed. (i) The unnecessary use of labels is avoided in providing special education and related services for individuals with exceptional needs. (j) Procedures and materials for assessment and placement of individuals with exceptional needs shall be selected and administered so as not to be racially, culturally, or sexually discriminatory. No single assessment instrument shall be the sole criterion for determining the placement of a pupil. The procedures and materials for assessment and placement shall be in the individual’s mode of communication. Procedures and materials for use with pupils of limited-English proficiency, as defined in subdivision (m) of Section 52163 and in paragraph (18) of Section 1401 of Title 20 of the United States Code, shall be in the individual’s native language, as defined in paragraph (20) of Section 1401 of Title 20 of the United States Code. All assessment materials and procedures shall be selected and administered pursuant to Section 56320. (k) Educational programs are coordinated with other public and private agencies, including preschools, child development programs, nonpublic nonsectarian schools, regional occupational centers and programs, and postsecondary and adult programs for individuals with exceptional needs. (l) Psychological and health services for individuals with exceptional needs shall be available to each schoolsite. (m) Continuous evaluation of the effectiveness of these special education programs by the local educational agencies shall be made to ensure the highest quality educational offerings. (n) Appropriate qualified staff are employed, consistent with credentialing requirements, to fulfill the responsibilities of the local plan and positive efforts are made to employ qualified disabled individuals. (o) Regular and special education personnel are adequately prepared to provide educational instruction and services to individuals with exceptional needs. (Amended by Stats. 2005, Ch. 653, Sec. 2. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56020. Source version: id_d96c20de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. As used in this part, the definitions prescribed by this article apply unless the context otherwise requires. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56020.5. Source version: id_df6f0b20-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Assistive technology device,” as provided in paragraph (1) of Section 1401 of Title 20 of the United States Code, means any item, piece of equipment, or product system, whether acquired commercially without the need for modification, modified, or customized, that is used to increase, maintain, or improve functional capabilities of an individual with exceptional needs. The term does not include a medical device that is surgically implanted, or the replacement of that device. (Added by Stats. 2005, Ch. 653, Sec. 2.5. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56021. Source version: id_d96c20e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Board” means the State Board of Education. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56021.1. Source version: id_0d173bb4-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Consent,” as provided in Section 300.9 of Title 34 of the Code of Federal Regulations, means all of the following: (a) The parent or guardian has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication. (b) The parent or guardian understands and agrees in writing to the carrying out of the activity for which his or her consent is sought; and the consent describes that activity and lists the records, if any, that will be released and to whom. (c) The parent or guardian understands that the granting of consent is voluntary on the part of the parent or guardian and may be revoked at any time. If a parent or guardian revokes consent, that revocation is not retroactive to negate an action that has occurred after the consent was given and before the consent was revoked. A public agency is not required to amend the education records of a child to remove any reference to the child’s receipt of special education and services if the child’s parent or guardian submits a written revocation of consent after the initial provision of special education and related services to the child. (Amended by Stats. 2010, Ch. 243, Sec. 1. (AB 1841) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56022. Source version: id_d96da784-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “County office” means office of the county superintendent of schools. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56023. Source version: id_d96da786-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Day” means a calendar day. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56024. Source version: id_d96da788-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Department” means the Department of Education. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56025. Source version: id_d96da78a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “District” means school district. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56026. Source version: id_dccccc3e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Individuals with exceptional needs” means those persons who satisfy all the following: (a) Identified by an individualized education program team as a child with a disability, as that phrase is defined in Section 1401(3)(A) of Title 20 of the United States Code. (b) Their impairment, as described by subdivision (a), requires instruction and services which cannot be provided with modification of the regular school program in order to ensure that the individual is provided a free appropriate public education pursuant to Section 1401(9) of Title 20 of the United States Code. (c) Come within one of the following age categories: (1) Younger than three years of age and identified by the local educational agency as requiring intensive special education and services, as defined by the board. (2) Between the ages of three to five years, inclusive, and identified by the local educational agency pursuant to Section 56441.11. (3) Between the ages of five and 18 years, inclusive. (4) Between the ages of 19 and 21 years, inclusive; enrolled in or eligible for a program under this part or other special education program prior to his or her 19th birthday; and has not yet completed his or her prescribed course of study or who has not met proficiency standards or has not graduated from high school with a regular high school diploma. (A) Any person who becomes 22 years of age during the months of January to June, inclusive, while participating in a program under this part may continue his or her participation in the program for the remainder of the current fiscal year, including any extended school year program for individuals with exceptional needs established pursuant to Section 3043 of Title 5 of the California Code of Regulations and Section 300.106 of Title 34 of the Code of Federal Regulations. (B) Any person otherwise eligible to participate in a program under this part shall not be allowed to begin a new fiscal year in a program if he or she becomes 22 years of age in July, August, or September of that new fiscal year. However, if a person is in a year-round school program and is completing his or her individualized education program in a term that extends into the new fiscal year, then the person may complete that term. (C) Any person who becomes 22 years of age during the months of October, November, or December while participating in a program under this act shall be terminated from the program on December 31 of the current fiscal year, unless the person would otherwise complete his or her individualized education program at the end of the current fiscal year. (D) No local educational agency may develop an individualized education program that extends these eligibility dates, and in no event may a pupil be required or allowed to attend school under the provisions of this part beyond these eligibility dates solely on the basis that the individual has not met his or her goals or objectives. (d) Meet eligibility criteria set forth in regulations adopted by the board, including, but not limited to, those adopted pursuant to Article 2.5 (commencing with Section 56333) of Chapter 4. (e) Unless disabled within the meaning of subdivisions (a) to (d), inclusive, pupils whose educational needs are due primarily to limited English proficiency; a lack of instruction in reading or mathematics; temporary physical disabilities; social maladjustment; or environmental, cultural, or economic factors are not individuals with exceptional needs. (Amended by Stats. 2007, Ch. 56, Sec. 5. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56026.1. Source version: id_6813a070-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. (a) As provided in Section 300.102(a)(3)(i) of Title 34 of the Code of Federal Regulations, an individual with exceptional needs who graduates from high school with a regular high school diploma is no longer eligible for special education and related services. (b) For purposes of this section and Section 56026, a “regular high school diploma” means a diploma conferred on a pupil who has met all local and state high school graduation requirements. (c) As used in this section, and in accordance with Section 300.102(a)(3)(iv) of Title 34 of the Code of Federal Regulations, “regular high school diploma” does not include an alternative degree that is not fully aligned with the academic standards of the State of California, such as a certificate or a General Educational Development credential (GED). (Amended by Stats. 2007, Ch. 454, Sec. 2. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56026.2. Source version: id_d96f2e30-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Language mode” means the method of communication used by hard-of-hearing and deaf children that may include the use of sign language to send or receive messages or the use of spoken language, with or without visual signs or cues. (Added by Stats. 1994, Ch. 1126, Sec. 3. Effective September 30, 1994. Implementation contingent upon funding, as prescribed by Sec. 6 of Ch. 1126.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56026.3. Source version: id_dd1c72e0-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Local educational agency” means a school district, a county office of education, a nonprofit charter school participating as a member of a special education local plan area, or a special education local plan area. (Amended by Stats. 2007, Ch. 56, Sec. 5.5. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56026.5. Source version: id_d96f2e32-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Low incidence disability” means a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12. For purposes of this definition, severe disabling conditions are hearing impairments, vision impairments, and severe orthopedic impairments, or any combination thereof. For purposes of this definition, vision impairments do not include disabilities within the function of vision specified in Section 56338. (Amended by Stats. 1995, Ch. 203, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56027. Source version: id_dd6dc732-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Local plan” means a plan that meets the requirements of Chapter 2.5 (commencing with Section 56195) and Chapter 3 (commencing with Section 56205) and that is submitted by a single school district, two or more school districts, or one or more school districts together with one or more county offices of education. (Amended by Stats. 2007, Ch. 56, Sec. 6. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56028. Source version: id_b910be7a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. (a) “Parent” means any of the following: (1) A biological or adoptive parent of a child. (2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by court order in accordance with Section 300.30(b)(1) or (2) of Title 34 of the Code of Federal Regulations. (3) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child, including a responsible adult appointed for the child in accordance with Sections 361 and 726 of the Welfare and Institutions Code. (4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child’s welfare. (5) A surrogate parent who has been appointed pursuant to Section 7579.5 or 7579.6 of the Government Code, and in accordance with Section 300.519 of Title 34 of the Code of Federal Regulations and Section 1439(a)(5) of Title 20 of the United States Code. (b) (1) Except as provided in paragraph (2), the biological or adoptive parent, when attempting to act as the parent under this part and when more than one party is qualified under subdivision (a) to act as a parent, shall be presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. (2) If a judicial decree or order identifies a specific person or persons under paragraphs (1) to (4), inclusive, of subdivision (a) to act as the “parent” of a child or to make educational decisions on behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code. (c) “Parent” does not include the state or any political subdivision of government. (d) “Parent” does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child. (Amended by Stats. 2008, Ch. 223, Sec. 12. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56028.3. Source version: id_427a985e-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Prone restraint” means the application of a behavioral restraint on a pupil in a facedown position for any period of time and includes the procedure known as prone containment. (Added by Stats. 2024, Ch. 857, Sec. 4. (SB 483) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56028.5. Source version: id_68b055a4-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Public agency” means a school district, county office of education, special education local plan area, a nonprofit public charter school that is not otherwise included as a local educational agency and is not a school within a local educational agency, or any other public agency under the auspices of the state or any political subdivisions of the state providing special education or related services to individuals with exceptional needs. For purposes of this part, “public agency,” means all of the public agencies listed in Section 300.33 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 5. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56029. Source version: id_d970dbea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Referral for assessment” means any written request for assessment to identify an individual with exceptional needs made by any of the following: (a) A parent or guardian of the individual. (b) A teacher or other service provider of the individual. (c) A foster parent of the individual, consistent with the limitations contained in federal law. (Amended by Stats. 2001, Ch. 734, Sec. 51. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56030. Source version: id_b9a7321c-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Responsible local agency” means the school district or county office of education designated in the local plan as the administrative entity the duties of which shall include, but are not limited to, receiving and distributing regionalized services funds, providing administrative support, and coordinating the implementation of the plan. (Amended by Stats. 2008, Ch. 179, Sec. 55. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56030.5. Source version: id_61363837-3185-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Severely disabled” means individuals with exceptional needs who require intensive instruction and training in programs serving pupils with the following profound disabilities: autism, blindness, deafness, severe orthopedic impairments, serious emotional disturbances, severe intellectual disability, and those individuals who would have been eligible for enrollment in a development center for handicapped pupils under Chapter 6 (commencing with Section 56800), as it read on January 1, 1980. (Amended by Stats. 2011, Ch. 347, Sec. 33. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56031. Source version: id_199ae52c-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. (a) “Special education,” in accordance with Section 1401(29) of Title 20 of the United States Code, means specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education. (b) In accordance with Section 300.39 of Title 34 of the Code of Federal Regulations, special education includes each of the following, if the services otherwise meet the requirements of subdivision (a): (1) Speech-language pathology services, or any other designated instruction and service or related service, pursuant to Section 56363, if the service is considered special education rather than a designated instruction and service or related service under state standards. (2) Travel training. (3) Vocational education. (c) Transition services for individuals with exceptional needs may be special education, in accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, if provided as specially designed instruction, or a related service, if required to assist an individual with exceptional needs to benefit from special education. (d) Individuals with exceptional needs shall be grouped for instructional purposes according to their instructional needs. (e) This section shall not be construed to prohibit an individualized education program from including specialized deaf and hard-of-hearing related services as the only services. (Amended by Stats. 2025, Ch. 44, Sec. 2. (AB 784) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56032. Source version: id_de0ffaa6-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Individualized education program” means a written document described in Sections 56345 and 56345.1 for an individual with exceptional needs that is developed, reviewed, and revised in a meeting in accordance with Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations and this part. It also means “individualized family service plan” as described in Section 1436 of Title 20 of the United States Code if the individualized education program pertains to an individual with exceptional needs younger than three years of age. (Amended by Stats. 2007, Ch. 56, Sec. 9. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56033. Source version: id_d9726294-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Superintendent” means the Superintendent of Public Instruction. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56033.5. Source version: id_69dc2b78-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Supplementary aids and services,” as provided in Section 1401(33) of Title 20 of the United States Code and in Section 300.42 of Title 34 of the Code of Federal Regulations, means aids, services, and other supports that are provided in regular education classes or other education-related settings and in extracurricular and nonacademic settings, to enable individuals with exceptional needs to be educated with nondisabled children to the maximum extent appropriate in accordance with Section 1412(a)(5) of Title 20 of the United States Code and Sections 300.114 to 300.116, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 7. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56034. Source version: id_334c1d1b-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Nonpublic, nonsectarian school” means a private, nonsectarian school that enrolls individuals with exceptional needs pursuant to an individualized education program and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, or a public university or college. A nonpublic, nonsectarian school also shall meet standards as prescribed by the Superintendent and board. (Amended by Stats. 2005, Ch. 639, Sec. 6. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 2. Definitions [56020 - 56035] SECTION 56035. Source version: id_d9726298-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=2. “Nonpublic, nonsectarian agency” means a private, nonsectarian establishment or individual that provides related services necessary for an individual with exceptional needs to benefit educationally from the pupils’ educational program pursuant to an individualized education program and that is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college, or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board. (Added by Stats. 1993, Ch. 939, Sec. 2. Effective October 8, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56040. Source version: id_de61c428-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. (a) Every individual with exceptional needs who is eligible to receive special education instruction and related services under this part, shall receive that instruction and those services at no cost to his or her parents or, as appropriate, to him or her. A free appropriate public education shall be available to individuals with exceptional needs in accordance with Section 1412(a)(1) of Title 20 of the United States Code and Section 300.101 of Title 34 of the Code of Federal Regulations. (b) An individual, aged 18 through 21 years, who, in the educational placement prior to his or her incarceration in an adult correctional facility was not identified as being an individual with exceptional needs or did not have an individualized education program under this part, is not entitled to a free appropriate public education pursuant to Section 1412(a)(1)(B)(ii) of Title 20 of the United States Code. (Amended by Stats. 2007, Ch. 56, Sec. 10. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56040.1. Source version: id_6a29af3a-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. In accordance with Section 1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public agency shall ensure the following to address the least restrictive environment for individuals with exceptional needs: (a) To the maximum extent appropriate, individuals with exceptional needs, including children in public or private institutions or other care facilities, are educated with children who are nondisabled. (b) Special classes, separate schooling, or other removal of individuals with exceptional needs from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (Added by Stats. 2007, Ch. 454, Sec. 8. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56040.3. Source version: id_7694c7c9-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or in other settings if the child’s individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education. (b) (1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency. (2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first. (c) For purposes of this section, in addition to the definition of “local educational agency,” in this article, “local educational agency” also includes a charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8. (Added by Stats. 2019, Ch. 228, Sec. 2. (AB 605) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56040.5. Source version: id_e09cdcc8-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. (a) State and local educational agency personnel are prohibited, pursuant to paragraph (25) of subsection (a) of Section 1412 of Title 20 of the United States Code, from requiring an individual with exceptional needs to obtain a prescription for a medication that is a substance covered by the Controlled Substances Act (21 U.S.C. Sec. 801 et seq.) as a condition of attending school, receiving an assessment under subsection (a) or (c) of Section 1414 of Title 20 of the United States Code, or receiving services under this part. (b) Subdivision (a) does not create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a pupil’s academic and functional performance, his or her behavior in the class or school, or the need for assessment for special education and related services under paragraph (3) of subsection (a) of Section 1412 of Title 20 of the United States Code. (Added by Stats. 2005, Ch. 653, Sec. 5. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56040.6. Source version: id_47a2c920-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. (a) Consistent with state and federal law, implementing inclusion and universal design for learning initiatives for pupils 0 to 22 years of age, inclusive, a local educational agency shall consider all of the following with respect to the full language access needs of pupils who are deaf, hard of hearing, or deaf-blind, as described in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345: (1) The legislative findings and declarations in subdivision (b) of Section 56000.5. (2) Section 300.114(a)(2)(ii) of Title 34 of the Code of Federal Regulations, which requires each public agency to ensure that special classes, separate schooling, or other removal of pupils with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (3) Section 300.324(a)(2)(iv) of Title 34 of the Code of Federal Regulations, and paragraph (4) of subdivision (b) of Section 56341.1, which requires an individualized family service plan and individualized education program teams in the case of a pupil who is deaf, hard of hearing, or deaf-blind, to consider the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode. (4) Section 300.324(a)(2)(iii) of Title 34 of the Code of Federal Regulations, which requires in the case of a pupil who is blind or visually impaired, to provide for instruction in braille and the use of braille unless the individualized education program team determines, after an evaluation of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an evaluation of the pupil’s future needs for instruction in braille or the use of braille, that instruction in braille or the use of braille is not appropriate for the pupil. (5) Federal guidance, as set forth in 57 Federal Register 49274 (October 30, 1992), which states that meeting the unique communication and related needs of a pupil who is deaf, hard of hearing, or deaf-blind is a fundamental part of providing a free appropriate public education to the pupil. (6) Federal guidance, as set forth in 57 Federal Register 49274 (October 30, 1992), which states that the decision as to what placement will provide a free appropriate public education for an individual pupil who is deaf, hard of hearing, or deaf-blind, includes a determination as to the least restrictive environment in which appropriate services can be made available to the pupil, must be made only after a full and complete individualized family service plan or individualized education program has been developed that addresses the full range of the pupil’s needs. (7) Subdivision (c) of Section 56341.1, which requires an individualized education program team to, if the team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, include a statement to that effect in the pupil’s individualized education program. (8) The importance of obtaining stakeholder input from deaf, hard of hearing, or deaf-blind individuals and experts from nonprofit organizations serving deaf and hard of hearing individuals. (9) The importance of actively involving and respecting the input and choices of the parents or guardians of pupils, by including all of the following: (A) Considering a pupil’s language development as specified in in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345. (B) Considering a pupil’s academic progress. (C) Considering a parent’s or guardian’s knowledge and understanding of their child’s unique needs, including their insights into the child’s language and communication preferences. (D) Facilitating meaningful participation of a parent or guardian in all team meetings and decisionmaking processes, ensuring their choices are documented and considered in the development and review of the individualized family service plan or the individualized education program. (b) When an individualized family service plan or individualized education program team is determining the least restrictive environment for a deaf, hard of hearing, or deaf-blind pupil 0 to 22 years of age, inclusive, the individualized family service plan and individualized education program team shall do both of the following: (1) Consider the language needs, as described in paragraph (2) of subdivision (a) of Section 56326.5 and subdivision (d) of Section 56345, of the pupil, including the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode consistent with, but not limited to, the requirements of Section 56341.1 and the findings and declarations in Section 56000.5. (2) Consider reviewing placements and services available to the pupil, including those provided by a school district, a county office of education, a regional program, a nonpublic, nonsectarian school or an agency certified by the state, and the California School for the Deaf. (c) The department shall, on or before July 1, 2025, communicate the requirements of this section to all local educational agencies and charter schools, as well as notify nonpublic, nonsectarian schools or agencies certified by the state, special education local plan areas, the California School for the Deaf, and the California School for the Blind regarding this section. (d) Nothing in this section shall be construed as modifying or otherwise affecting the right of pupils with disabilities, including pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind, to a free and appropriate public education pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the development of an individualized education program, as defined in Section 56032, or the individualized education program team’s determination of placement pursuant to Sections 300.320 to 300.328, inclusive, of Title 34 of the Code of Federal Regulations, and Section 56345, aids to ensure effective communication pursuant to Section 35.160 of Title 28 of the Code of Federal Regulations, or the continuum of program options that shall be made available as required by Sections 56000.5, 56360, and 56361. (e) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2024, Ch. 903, Sec. 1. (AB 1938) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56041. Source version: id_d973e93e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. Except for those pupils meeting residency requirements for school attendance specified in subdivision (a) of Section 48204, and notwithstanding any other provision of law, if it is determined by the individualized education program team that special education services are required beyond the pupil’s 18th birthday, the district of residence responsible for providing special education and related services to pupils between the ages of 18 to 22 years, inclusive, shall be assigned, as follows: (a) For nonconserved pupils, the last district of residence in effect prior to the pupil’s attaining the age of majority shall become and remain as the responsible local educational agency, as long as and until the parent or parents relocate to a new district of residence. At that time, the new district of residence shall become the responsible local educational agency. (b) For conserved pupils, the district of residence of the conservator shall attach and remain the responsible local educational agency, as long as and until the conservator relocates or a new one is appointed. At that time, the new district of residence shall attach and become the responsible local educational agency. (Added by Stats. 1992, Ch. 1360, Sec. 8. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56041.5. Source version: id_d973e940-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights. (Added by Stats. 1998, Ch. 691, Sec. 17. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56042. Source version: id_d973e942-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. Notwithstanding any other provision of law, an attorney or advocate for a parent of an individual with exceptional needs shall not recommend placement in a nonpublic, nonsectarian school or agency with which the attorney or advocate is employed or contracted, or otherwise has a conflict of interest or from which the attorney or advocate receives a benefit. (Added by Stats. 1993, Ch. 939, Sec. 3. Effective October 8, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56043. Source version: id_4cd448b2-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. The primary timelines affecting special education programs are as follows: (a) A proposed assessment plan shall be developed within 15 calendar days of referral for assessment, not counting calendar days between the pupil’s regular school sessions or terms or calendar days of school vacation in excess of five schooldays, from the date of receipt of the referral, unless the parent or guardian agrees in writing to an extension, pursuant to subdivision (a) of Section 56321. (b) A parent or guardian shall have at least 15 calendar days from the receipt of the proposed assessment plan to arrive at a decision, pursuant to subdivision (c) of Section 56321. (c) Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs and to determine the educational needs of the child, these determinations shall be made, and an individualized education program team meeting shall occur, within 60 days of receiving parental consent for the assessment, pursuant to subdivision (a) of Section 56302.1, except as specified in subdivision (b) of that section, and pursuant to Section 56344. (d) The individualized education program team shall review the pupil’s individualized education program periodically, but not less frequently than annually, pursuant to subdivision (d) of Section 56341.1. (e) A parent or guardian shall be notified of the individualized education program team meeting early enough to ensure an opportunity to attend, pursuant to subdivision (b) of Section 56341.5. Consistent with Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, if determined appropriate by a pupil’s individualized education program team, in the case of an individual with exceptional needs who is starting their high school experience and not later than when the pupil is 16 years of age or younger, as appropriate, the meeting notice shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual with exceptional needs, and the meeting notice described in this subdivision shall indicate that the individual with exceptional needs is invited to attend, pursuant to subdivision (e) of Section 56341.5. (f) (1) An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 calendar days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s or guardian’s written consent for assessment, unless the parent or guardian agrees in writing to an extension, pursuant to Section 56344. (2) A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the child needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344. (g) (1) Consistent with Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code, if determined appropriate by a pupil’s individualized education program team, beginning when the pupil starts their high school experience or not later than the first individualized education program to be in effect when the pupil is 16 years of age or younger, as appropriate, and updated annually thereafter, the individualized education program shall include appropriate measurable postsecondary goals and transition services needed to assist the pupil in reaching those goals, pursuant to paragraph (8) of subdivision (a) of Section 56345. If the individualized education program team determines that the pupil would benefit from the postponement of the inclusion of appropriate measurable postsecondary goals and transition services until 16 years of age, rather than when the pupil begins their high school experience, the individualized education program team is encouraged to appropriately justify the basis for that postponement. (2) The individualized education program for pupils in grades 7 to 12, inclusive, shall include any alternative means and modes necessary for the pupil to complete the district’s prescribed course of study and to meet or exceed proficiency standards for graduation, pursuant to paragraph (1) of subdivision (b) of Section 56345. (3) Beginning not later than one year before the pupil reaches 18 years of age, the individualized education program shall contain a statement that the pupil has been informed of the pupil’s rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age, pursuant to Section 56041.5, subdivision (g) of Section 56345, and Section 300.520 of Title 34 of the Code of Federal Regulations. (h) Pursuant to Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code and Section 56345.1, if determined appropriate by the pupil’s individualized education program team, beginning when the pupil starts their high school experience and not later than when the pupil is 16 years of age or younger, as appropriate, and annually thereafter, a statement of needed transition services shall be included in the pupil’s individualized education program. If the individualized education program team determines that the pupil would benefit from the postponement of the inclusion of appropriate measurable postsecondary goals and transition services until 16 years of age, rather than when the pupil begins their high school experience, the individualized education program team is encouraged to appropriately justify the basis for that postponement. (i) A pupil’s individualized education program shall be implemented as soon as possible following the individualized education program team meeting, pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations and in accordance with Section 56344. (j) An individualized education program team shall meet at least annually to review a pupil’s progress, the individualized education program, including whether the annual goals for the pupil are being achieved, the appropriateness of the placement, and to make any necessary revisions, pursuant to subdivision (d) of Section 56343. The local educational agency shall maintain procedures to ensure that the individualized education program team reviews the pupil’s individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1, pursuant to subdivision (a) of Section 56380. (k) A reassessment of a pupil shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise in writing, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary, pursuant to Section 56381, and in accordance with Section 1414(a)(2) of Title 20 of the United States Code. (l) A meeting of an individualized education program team requested by a parent or guardian to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 calendar days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s or guardian’s written request, pursuant to Section 56343.5. (m) If an individual with exceptional needs transfers from district to district within the state, the following apply pursuant to Section 56325: (1) If the child has an individualized education program and transfers into a district from a district not operating programs under the same special education local plan area in which the child was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent or guardian, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law, pursuant to paragraph (1) of subdivision (a) of Section 56325. (2) If the child has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which the child was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with state and federal law, pursuant to paragraph (2) of subdivision (a) of Section 56325. (3) If the child has an individualized education program and transfers from an educational agency located outside the state to a district within the state within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with a parent or guardian, until the local educational agency conducts an assessment as specified in paragraph (3) of subdivision (a) of Section 56325. (4) In order to facilitate the transition for an individual with exceptional needs described in paragraphs (1) to (3), inclusive, the new school in which the pupil enrolls shall take reasonable steps to promptly obtain the pupil’s records, as specified, pursuant to subdivision (b) of Section 56325. (n) The parent or guardian shall have the right and opportunity to examine all school records of the child and to receive complete copies within five business days after a request is made by the parent or guardian, either orally or in writing, and before any meeting regarding an individualized education program of the parent’s or guardian’s child or any hearing or resolution session pursuant to Chapter 5 (commencing with Section 56500), in accordance with Section 56504 and Chapter 6.5 (commencing with Section 49060) of Part 27. (o) Upon receipt of a request from a local educational agency where an individual with exceptional needs has enrolled, a former educational agency shall send the pupil’s special education records, or a copy of those records, to the new local educational agency within five working days, pursuant to subdivision (a) of Section 3024 of Title 5 of the California Code of Regulations. (p) The department shall do all of the following: (1) Have a time limit of 60 calendar days after a complaint is filed with the state educational agency to investigate the complaint. (2) Give the complainant the opportunity to submit additional information about the allegations in the complaint. (3) Review all relevant information and make an independent determination as to whether there is a violation of a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (4) Issue a written decision pursuant to Section 300.152(a)(5) of Title 34 of the Code of Federal Regulations. (q) A prehearing mediation conference shall be scheduled within 15 calendar days of receipt by the Superintendent of the request for mediation, and shall be completed within 30 calendar days after the request for mediation, unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation, pursuant to Section 56500.3. (r) Any request for a due process hearing arising from subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of facts underlying the basis for the request, except that this timeline shall not apply to a parent if the parent was prevented from requesting the due process hearing, pursuant to subdivision (l) of Section 56505. (s) The Superintendent shall ensure that, within 45 calendar days after receipt of a written due process hearing request, the hearing is immediately commenced and completed, including any mediation requested at any point during the hearing process, and a final administrative decision is rendered, pursuant to subdivision (f) of Section 56502. (t) If either party to a due process hearing intends to be represented by an attorney in the due process hearing, notice of that intent shall be given to the other party at least 10 calendar days before the hearing, pursuant to subdivision (a) of Section 56507. (u) Any party to a due process hearing shall have the right to be informed by the other parties to the hearing, at least 10 calendar days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues, pursuant to paragraph (6) of subdivision (e) of Section 56505. (v) Any party to a due process hearing shall have the right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents, including all assessments completed and not completed by that date, and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing, pursuant to paragraph (7) of subdivision (e) of Section 56505. (w) An appeal of a due process hearing decision shall be made within 90 calendar days of receipt of the hearing decision, pursuant to subdivision (k) of Section 56505. (x) A complaint filed with the department shall allege a violation of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) or a provision of this part that occurred not more than one year before the date that the complaint is received by the department, pursuant to Section 56500.2 and Section 300.153(c) of Title 34 of the Code of Federal Regulations. (y) This section shall become operative on July 1, 2025. (Repealed (in Sec. 1) and added by Stats. 2024, Ch. 901, Sec. 2. (AB 438) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56045. Source version: id_df1e5d6c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. (a) The Superintendent shall send a notice to the governing board of each local educational agency within 30 days of when the Superintendent determines any of the following: (1) The local educational agency is substantially out of compliance with one or more significant provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations. (2) The local educational agency fails to comply substantially with corrective action orders issued by the department resulting from focused monitoring findings or complaint investigations. (3) The local educational agency fails to implement the decision of a due process hearing officer for noncompliance with provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations, which noncompliance results in the denial of, or impedes the delivery of, a free appropriate public education for an individual with exceptional needs. (b) The notice shall provide a description of the special education and related services that are required by law and with which the local educational agency is not in compliance. (c) Upon receipt of the notification sent pursuant to subdivision (a), the governing board shall at a regularly scheduled public hearing address the issue of noncompliance. (Amended by Stats. 2007, Ch. 56, Sec. 12. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56046. Source version: id_df735b3e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. (a) An employee of a local educational agency shall not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, or attempting to intimidate, threaten, or coerce, any person, including, but not limited to, a teacher, a provider of designated instruction and services, a paraprofessional, an instructional aide, a behavioral aide, a health aide, other educators or staff of the local educational agency, a private individual or entity under contract with the local educational agency, or a subordinate of the employee, for the purpose of interfering with the action of that person at any time, to assist a parent or guardian of a pupil with exceptional needs to obtain services or accommodations for that pupil. (b) If a person described in subdivision (a), believes an employee or agent of a local educational agency is in violation of subdivision (a) because of using or attempting to use official authority or influence, that person may file a complaint under the Uniform Complaint Procedures as set forth in Title 5 of the California Code of Regulations. If a person files a complaint pursuant to this subdivision, the state shall intervene directly and the conditions for intervention in Section 4650 of Title 5 of the California Code of Regulations are not applicable. (c) This section does not limit or alter any right a person described in subdivision (a) may have to file a complaint pursuant to either a governing board-adopted grievance process or a collectively bargained grievance process. (d) This section does not do any of the following: (1) Limit or alter the right or duty of a public school official to direct or discipline an employee or contractor. (2) Prevent a local educational agency from enforcing a law or regulation regarding conflicts of interest, incompatible activities, or the confidentiality of pupil records. (e) (1) For purposes of this section, “services or accommodations” includes information that would assist a parent or guardian to obtain a free appropriate public education for his or her child as guaranteed by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or other services or accommodations guaranteed under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as well as state laws regarding individuals with exceptional needs. (2) For purposes of this section, “use of official authority or influence” includes promising to confer or conferring any benefit, affecting or threatening to affect any reprisal, or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to, appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. “Use of official authority or influence” does not include good faith advocacy by an employee of a public school agency, to any person including another agency employee or contractor, regarding the services, if any, to be provided to a pupil under the laws referred to in paragraph (1). (f) This section does not diminish the rights, privileges, or remedies of a public school employee under any other federal or state law or under an employment contract or collective bargaining agreement. (g) A school employee’s or contractor’s assistance offered to a parent or guardian of a pupil with exceptional needs to obtain services or accommodations for that pupil shall not interfere with the school employee’s or contractor’s regular duties for the local educational agency. (Amended by Stats. 2007, Ch. 56, Sec. 13. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56048. Source version: id_d9756fea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. The superintendent shall review the information and calculations submitted by special education local plan areas in support of all apportionment computations described in this part. The review shall be conducted on the data submitted during the initial year of apportionment and for the first succeeding fiscal year only. Adjustments to any year’s apportionment shall be received by the superintendent from the special education local plan area prior to the end of the first fiscal year following the fiscal year to be adjusted. The superintendent shall consider and adjust only the information and computational factors originally established during an eligible fiscal year, if the superintendent’s review determines that they are correct. (Added by Stats. 1998, Ch. 89, Sec. 17. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56049. Source version: id_3a0ddf4a-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. The Legislature finds and declares all of the following: (a) All pupils are general education pupils first, including pupils with disabilities. (b) Comprehensive local educational agency and school-level fiscal and programmatic planning, including planning conducted pursuant to Section 52064, must reflect the needs of all pupils, including pupils with disabilities. (c) Inclusion in general education classrooms and programs should be considered the first setting for all pupils, unless the individualized education program for a pupil with a disability determines that another setting is more suitable to guarantee a free and appropriate public education. (d) Data transparency and analysis are essential to understanding the needs of pupils. Local educational agencies should use all available data sources on pupils with disabilities, with a particular focus on least restrictive environment data, to inform continuous improvement efforts. (Added by Stats. 2022, Ch. 919, Sec. 1. (SB 692) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3. General Provisions [56040 - 56049.1] SECTION 56049.1. Source version: id_3f323f7c-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3. (a) On or before November 30, 2023, the department shall publish data related to federal measures of least restrictive environment for pupils with disabilities on its internet website and shall include it as a resource on the California School Dashboard, established pursuant to subdivision (f) of Section 52064.5. (b) The data shall be disaggregated by race or ethnicity and local educational agency. (Added by Stats. 2022, Ch. 919, Sec. 2. (SB 692) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3.5. Surrogate Parents [56050- 56050.] SECTION 56050. Source version: id_dfc54bd0-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3.5. (a) For the purposes of this article, “surrogate parent” shall be defined as it is defined in Section 300.519 of Title 34 of the Code of Federal Regulations. (b) A surrogate parent may represent an individual with exceptional needs in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program, and in other matters relating to the provision of a free appropriate public education to the individual. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. The surrogate parent may sign any consent relating to individualized education program purposes. (c) A surrogate parent shall be held harmless by the State of California when acting in his or her official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious. (d) A surrogate parent shall also be governed by Section 7579.5 of the Government Code. (Amended by Stats. 2007, Ch. 56, Sec. 14. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3.7. Foster Parents [56055- 56055.] SECTION 56055. Source version: id_aca2ea9a-e41a-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3.7. (a) (1) Except as provided in subdivisions (b), (c), and (d), a foster parent may exercise, to the extent permitted by federal law, including, but not limited to, Section 300.30 of Title 34 of the Code of Federal Regulations, the rights related to his or her foster child’s education that a parent has under Title 20 (commencing with Section 1400) of the United States Code and pursuant to Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. The foster parent may represent the foster child for the duration of the foster parent-foster child relationship in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising an individualized education program, if necessary, and in all other matters relating to the provision of a free appropriate public education of the child. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program, including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter. The foster parent may sign any consent relating to individualized education program purposes. (2) A foster parent exercising rights relative to a foster child under this section may consult with the parent or guardian of the child to ensure continuity of health, mental health, or other services. (b) A foster parent who had been excluded by court order from making educational decisions on behalf of a pupil does not have the rights relative to the pupil set forth in subdivision (a). (c) This section only applies if the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the child, and the child has been placed in a planned permanent living arrangement pursuant to paragraph (3) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or paragraph (5) or (6) of subdivision (b) of Section 727.3 of the Welfare and Institutions Code. (d) For purposes of this section, a foster parent includes an approved relative, approved nonrelative extended family member, as defined in Section 362.7 of the Welfare and Institutions Code, a licensed or certified foster parent, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a person who has been designated by the court as a specified placement. (Amended by Stats. 2017, Ch. 732, Sec. 1. (AB 404) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3.9. Qualifications for Special Education Teachers [56058 - 56059] SECTION 56058. Source version: id_6a7425bc-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3.9. Special education teachers providing instruction and educational services under this part shall meet the same “highly qualified” requirements, as defined in Section 1401(10) of Title 20 of the United States Code, and in Section 300.18 of Title 34 of the Code of Federal Regulations, and personnel qualifications described in Section 1412(a)(14) of Title 20 of the United States Code, and in Section 300.156 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 9. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 3.9. Qualifications for Special Education Teachers [56058 - 56059] SECTION 56059. Source version: id_6ac1f79e-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=3.9. (a) This part does not create a right of action on behalf of an individual with exceptional needs or class of pupils for failure of a state or local educational agency employee to be highly qualified. (b) In accordance with Section 300.156(e) of Title 34 of the Code of Federal Regulations, nothing in this part prevents a parent from filing a complaint with the department under Section 56500.2, and under Sections 300.151 to 300.153, inclusive, of Title 34 of the Code of Federal Regulations, about staff qualifications. (Amended by Stats. 2007, Ch. 454, Sec. 10. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 4. Substitute Teachers [56060 - 56063] SECTION 56060. Source version: id_d9787d36-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=4. A noncredentialed person shall not substitute for any special education certificated position. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 4. Substitute Teachers [56060 - 56063] SECTION 56061. Source version: id_d9787d38-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=4. A person holding a valid credential authorizing substitute teaching may serve as a substitute for the appropriately credentialed special education teacher as follows: (a) Except as provided in subdivisions (b) and (c), the employer shall not employ an inappropriately credentialed substitute teacher for a period of more than 20 cumulative school days for each special education teacher absent during each school year. (b) Upon application by the district or county office, the superintendent may approve an extension of 20 school days in addition to those authorized by subdivision (a). (c) Only in extraordinary circumstances may an additional number of days be granted beyond the 40 school days provided for by subdivisions (a) and (b). Such additional days shall be granted in writing by the superintendent. The superintendent shall report to the board on all requests granted for an additional number of days pursuant to this subdivision. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 4. Substitute Teachers [56060 - 56063] SECTION 56062. Source version: id_d97a03da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=4. The employer shall use the following priorities in placing substitute teachers in special education classrooms: (a) A substitute teacher with the appropriate special education credential or credentials. (b) A substitute teacher with any other special education credential or credentials. (c) A substitute teacher with a regular teaching credential. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 4. Substitute Teachers [56060 - 56063] SECTION 56063. Source version: id_d97a03dc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=4. The employer shall be responsible for seeking, and maintaining lists of, appropriately credentialed substitute teachers. The employer shall contact institutions of higher education with approved special education programs for possible recommendations of appropriately credentialed special education personnel. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 1. General Provisions [56000 - 56070] ARTICLE 5. Qualifications for Designated Instruction and Services Personnel, Related Services Personnel, and Paraprofessionals [56070- 56070.] SECTION 56070. Source version: id_677b09ec-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=1.&article=5. (a) In accordance with Section 1412(a)(14)(A), (B), and (D) of Title 20 of the United States Code and Section 300.156(a), (b), and (d) of Title 34 of the Code of Federal Regulations, qualifications for designated instruction and services personnel, related services personnel, and paraprofessionals shall include the following: (1) Be consistent with a state-approved or state-recognized certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing special education or designated instruction and services, and related services. (2) Ensure that personnel who deliver services in their discipline or profession meet the requirements of this subdivision and have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis. (3) Allow paraprofessionals and assistants who are appropriately trained and supervised, in accordance with state law, regulation, or written policy, in meeting the requirements of this part to be used to assist in the provision of special education, designated instruction and services, and related services under this part to individuals with exceptional needs. (b) Local educational agencies shall take measurable steps to recruit, hire, train, and retain highly qualified personnel to provide special education, designated instruction and services, and related services under this part to individuals with exceptional needs. (Added by Stats. 2007, Ch. 454, Sec. 11. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 1. State Board of Education [56100 - 56101] SECTION 56100. Source version: id_e06b76e4-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=1. The board shall do all of the following: (a) Adopt rules and regulations necessary for the efficient administration of this part. (b) Adopt criteria and procedures for the review and approval by the board of local plans. (c) Adopt size and scope standards for determining the efficacy of local plans submitted by special education local plan areas, pursuant to subdivision (a) of Section 56195.1. (d) Provide review, upon petition, to a local educational agency that appeals a decision made by the department that affects its providing services under this part except a decision made pursuant to Chapter 5 (commencing with Section 56500). (e) Review and approve a program evaluation plan for special education programs provided by this part in accordance with Chapter 6 (commencing with Section 56600). This plan may be approved for up to three years. (f) Recommend to the Commission on Teacher Credentialing the adoption of standards for the certification of professional personnel for special education programs conducted pursuant to this part. (g) Adopt regulations to provide specific procedural criteria and guidelines for the identification of pupils as individuals with exceptional needs. (h) Adopt guidelines of reasonable pupil progress and achievement for individuals with exceptional needs. The guidelines shall be developed to aid teachers and parents or guardians in assessing a pupil’s individualized education program and the appropriateness of the special education services. (i) In accordance with the requirements of federal law, adopt regulations for all individualized education programs for individuals with exceptional needs, including programs administered by other state or local agencies. (j) Adopt uniform rules and regulations relating to parental due process rights in the area of special education. (k) Adopt rules and regulations regarding the ownership and transfer of materials and equipment, including facilities, related to transfer of programs, reorganization, or restructuring of special education local plan areas. (Amended by Stats. 2007, Ch. 56, Sec. 16. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 1. State Board of Education [56100 - 56101] SECTION 56101. Source version: id_e0bd1956-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=1. (a) A public agency, as defined in Section 56028.5, may request the board to grant a waiver of any provision of this code or regulations adopted pursuant to that provision if the waiver is necessary or beneficial to the content and implementation of the pupil’s individualized education program and does not abrogate any right provided individuals with exceptional needs and their parents or guardians under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or affect the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), and federal regulations relating thereto. (b) The board may grant, in whole or in part, any request pursuant to subdivision (a) when the facts indicate that failure to do so would hinder implementation of the pupil’s individualized education program or compliance by a local educational agency with federal mandates for a free appropriate public education for children or youth with disabilities. (Amended by Stats. 2007, Ch. 56, Sec. 17. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56120. Source version: id_d97b8a88-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall administer the provisions of this part. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56121. Source version: id_d97d112a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall grant approval of the organization of the local plans within each county. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56122. Source version: id_7b30c17a-fed3-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. (a) The Superintendent shall establish guidelines for the development of local plans, including a standard format for local plans, and provide assistance in the development of local plans. The purposes of the guidelines and assistance shall be to help districts and county offices benefit from the experience of other local agencies that implement programs under this part, including, but not limited to, reducing paperwork, increasing parental involvement, improving transparency, and providing effective staff development activities. To the extent possible, all forms, reports, and evaluations shall be designed to satisfy simultaneously state and federal requirements. (b) On or before July 1, 2019, the department shall develop templates that shall be used by special education local plan areas, districts, and county superintendents of schools to meet the requirements of Sections 56195.1 and 56205. (c) Commencing July 1, 2027, each local plan shall include an annual assurances support plan. The purpose of the annual assurances support plan is to demonstrate how the special education local plan area and its participating agencies are coordinating for purposes of assuring effective outcomes for pupils with disabilities. The department shall develop a template for the annual assurances support plan by July 1, 2026. The annual assurances support plan shall include all of the following elements: (1) A description of how the governing board of the special education local plan area has determined that the special education local plan area will support participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans. (2) A description of how the governing board of the special education local plan area has determined that the special education local plan area will connect its participating agencies in need of technical assistance to the statewide system of support. (3) A brief description of the services, technical assistance, and support the governing board of the special education local plan area has determined that it will provide in meeting the requirements under paragraphs (1) to (21), inclusive, of subdivision (a) of Section 56205. (Amended by Stats. 2022, Ch. 52, Sec. 89. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56123. Source version: id_d97d112e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall review and recommend to the board for approval, local plans developed and submitted in accordance with this part. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56124. Source version: id_d97d1130-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall promote innovation and improvement in the field of special education at the public and nonpublic, nonsectarian school, district, county, and state levels. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56125. Source version: id_e10d8348-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. (a) The Superintendent shall monitor, provide technical assistance, and enforce the provisions of this part pursuant to Section 56600.6. (b) The Superintendent shall monitor the implementation of local plans by periodically conducting onsite program and fiscal reviews, in accordance with Sections 300.114 to 300.120, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 18. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56126. Source version: id_d97d1134-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall encourage the maximum practicable involvement of parents of children enrolled in special education programs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56127. Source version: id_d97d1136-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall make recommendations in the areas of staff development, curriculum, testing and multicultural assessment, and the development of materials for special education programs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56128. Source version: id_d97e96d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall prepare for board approval, as necessary, any state plan required by federal law in order that this state may qualify for any federal funds available for the education of individuals with exceptional needs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56129. Source version: id_e15d29ea-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The Superintendent shall maintain the state special schools and diagnostic centers in accordance with Part 32 (commencing with Section 59000) so that the services of those schools and centers are coordinated with the services of the local educational agency. (Amended by Stats. 2007, Ch. 56, Sec. 19. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56130. Source version: id_d97e96dc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall develop in accordance with Section 56602, a biennial performance report of special education programs authorized under this part for submission to the board. (Amended by Stats. 2002, Ch. 1168, Sec. 49. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56131. Source version: id_d97e96de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall apportion funds in accordance with Chapter 7.2 (commencing with Section 56836) and approved local plans. (Amended by Stats. 1998, Ch. 89, Sec. 18. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56132. Source version: id_d97e96e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall assist districts, county offices, and special education local plan areas in the improvement and evaluation of their programs. (Amended by Stats. 1998, Ch. 89, Sec. 19. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56133. Source version: id_d9801d82-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall provide for the mediation conference prescribed by Sections 56502 and 56503 and the state hearing prescribed by Section 56505. (Amended by Stats. 1980, Ch. 1353, Sec. 38. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56134. Source version: id_d9801d84-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall perform the duties prescribed by Chapter 4.5 (commencing with Section 56452). (Amended by Stats. 1993, Ch. 1296, Sec. 13.7. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56135. Source version: id_d9801d86-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. (a) The superintendent shall be responsible for assuring provision of, and supervising, education and related services to individuals with exceptional needs as specifically required pursuant to the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (b) Nothing in this part shall be construed to authorize the superintendent to prescribe health care services. (Amended by Stats. 1993, Ch. 1296, Sec. 14. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56136. Source version: id_d9801d88-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The superintendent shall develop guidelines for each low incidence disability area and provide technical assistance to parents, teachers, and administrators regarding the implementation of the guidelines. The guidelines shall clarify the identification, assessment, planning of, and the provision of, specialized services to pupils with low incidence disabilities. The superintendent shall consider the guidelines when monitoring programs serving pupils with low incidence disabilities pursuant to subdivision (a) of Section 56836.04. The adopted guidelines shall be promulgated for the purpose of establishing recommended guidelines and shall not operate to impose minimum state requirements. (Amended by Stats. 1998, Ch. 89, Sec. 20. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 2. Superintendent of Public Instruction [56120 - 56138] SECTION 56138. Source version: id_e1adbaec-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=2. The Superintendent shall develop, and the board shall adopt, performance goals and indicators for individuals with exceptional needs that are consistent with, to the maximum extent appropriate, the standards for all pupils in the public education system, in accordance with the provisions of Section 1412(a)(15) of Title 20 of the United States Code and Section 300.157 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 20. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 3. County Offices [56140- 56140.] SECTION 56140. Source version: id_e32e4e4c-8166-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=3. County offices shall do all of the following: (a) Initiate and submit to the Superintendent a countywide plan for special education that demonstrates the coordination of all local plans submitted pursuant to Section 56205 and that ensures that all individuals with exceptional needs residing within the county, including those enrolled in alternative education programs, including, but not limited to, alternative schools, charter schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices of education, and juvenile court schools, will have access to appropriate special education programs and related services. However, a county office shall not be required to submit a countywide plan when all the districts within the county elect to submit a single local plan. (b) Within 45 days, approve or disapprove any proposed local plan submitted by a district or group of districts within the county or counties. If approved, the county office shall submit the plan with comments and recommendations to the Superintendent. If disapproved, the county office shall return the plan with comments and recommendations to the district. The district may immediately appeal to the Superintendent to overrule the county office’s disapproval. The Superintendent shall make a decision on an appeal within 30 days of receipt of the appeal. A local plan shall not be implemented without approval of the plan by the county office or a decision by the Superintendent to overrule the disapproval of the county office. Approval shall be based on the capacity of the district or districts to ensure that special education programs and services are provided to all individuals with exceptional needs, and both of the following: (1) Whether the local plan adheres to the guidelines established pursuant to Section 56122 for the development of local plans. (2) Whether the local plan contains all of the required components as detailed in Section 56205. (c) Participate in the state onsite review of the district’s implementation of an approved local plan. (d) Join with districts in the county that elect to submit a plan or plans pursuant to subdivision (c) of Section 56195.1. Any plan may include more than one county, and districts located in more than one county. Nothing in this subdivision shall be construed to limit the authority of a county office to enter into other agreements with these districts and other districts to provide services relating to the education of individuals with exceptional needs. (e) For each special education local plan area located within the jurisdiction of the county office of education that has submitted a revised local plan pursuant to Section 56836.03, the county office shall comply with Section 48850, as it relates to individuals with exceptional needs, by making available to agencies that place children in licensed children’s institutions a copy of the annual service plan adopted pursuant to paragraph (2) of subdivision (b) of Section 56205. (Amended by Stats. 2018, Ch. 32, Sec. 89. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 3.5. Charter Schools [56145 - 56146] SECTION 56145. Source version: id_d9832ad6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=3.5. Individuals with exceptional needs attending charter schools pursuant to Part 26.8 (commencing with Section 47600) shall be served in the same manner as individuals with exceptional needs are served in other public schools. (Added by Stats. 1998, Ch. 691, Sec. 20. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 3.5. Charter Schools [56145 - 56146] SECTION 56146. Source version: id_e1fe4bee-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=3.5. It is the intent of the Legislature that local plans for special education local plan areas, adopted pursuant to Chapter 2.5 (commencing with Section 56195) and Chapter 3 (commencing with Section 56205), shall provide for federal funds available under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) to individuals with exceptional needs enrolled in charter schools. (Amended by Stats. 2007, Ch. 56, Sec. 21. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 4. Juvenile Court Schools [56150- 56150.] SECTION 56150. Source version: id_d9832adc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=4. Special education programs authorized by this part shall be provided, pursuant to Section 48645.2, for individuals with exceptional needs who have been adjudicated by the juvenile court for placement in a juvenile hall or juvenile home, day center, ranch or camp, or for individuals with exceptional needs placed in a county community school pursuant to Section 1981. (Amended by Stats. 1985, Ch. 795, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56155. Source version: id_e1776cb2-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. The provisions of this article shall only apply to individuals with exceptional needs placed in a licensed children’s institution or foster family home by a court, regional center for the developmentally disabled, or public agency, other than an educational agency. (Added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56155.5. Source version: id_cebf9c88-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. (a) As used in this part, “licensed children’s institution” means a residential facility that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide nonmedical care to children, including, but not limited to, individuals with exceptional needs. “Licensed children’s institution” includes a group home or short-term residential therapeutic program, as defined in Section 1502 of the Health and Safety Code. As used in this article and Article 3 (commencing with Section 56836.165) of Chapter 7.2, a “licensed children’s institution” does not include any of the following: (1) A juvenile court school, juvenile hall, juvenile home, day center, juvenile ranch, or juvenile camp administered pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27. (2) A county community school program provided pursuant to Section 1981. (3) Any special education programs provided pursuant to Section 56150. (4) Any other public agency. (b) As used in this part, “foster family home” means a family residence that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide 24-hour nonmedical care and supervision for not more than six foster children, including, but not necessarily limited to, individuals with exceptional needs. “Foster family home” includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2016, Ch. 612, Sec. 4. (AB 1997) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56155.7. Source version: id_ca56983a-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. A licensed children’s institution shall not require that a child be identified as an individual with exceptional needs as a condition of admission or residency. (Amended by Stats. 2012, Ch. 571, Sec. 2. (SB 121) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56156. Source version: id_e2fdba90-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. (a) Each court, regional center for the developmentally disabled, or public agency that engages in referring children to, or placing children in, licensed children’s institutions shall report to the special education administrator of the special education local plan area in which the licensed children’s institution is located any referral or admission of a child who is potentially eligible for special education. (b) At the time of placement in a licensed children’s institution or foster family home, each court, regional center for the developmentally disabled, or public agency shall identify all of the following: (1) Whether the courts have specifically limited the rights of the parent or guardian to make educational decisions for a child who is a ward or dependent of the court. (2) The location of the parents, in the event that the parents retain the right to make educational decisions. (3) Whether the location of the parents is unknown. (c) Each person licensed by the state to operate a licensed children’s institution, or his or her designee, shall notify the special education administrator of the special education local plan area in which the licensed children’s institution is located of any child potentially eligible for special education who resides at the facility. (d) The Superintendent shall provide each county office of education with a current list of licensed children’s institutions in that county at least biannually. The county office shall maintain the most current list of licensed children’s institutions located within the county and shall notify each district and special education local plan area within the county of the names of licensed children’s institutions located in the geographical area of the county covered by the district and special education local plan area. The county office shall notify the director of each licensed children’s institution of the appropriate person to contact regarding individuals with exceptional needs. (Amended by Stats. 2007, Ch. 56, Sec. 22. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56156.4. Source version: id_d984b186-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. (a) Each special education local plan area shall be responsible for providing appropriate education to individuals with exceptional needs residing in licensed children’s institutions and foster family homes located in the geographical area covered by the local plan. (b) In multidistrict and district and county office local plan areas, local written agreements shall be developed, pursuant to subdivision (f) of Section 56195.7, to identify the public education entities that will provide the special education services. (c) If there is no local agreement, special education services for individuals with exceptional needs residing in licensed children’s institutions shall be the responsibility of the county office in the county in which the institution is located, if the county office is part of the special education local plan area, and special education services for individuals with exceptional needs residing in foster family homes shall be the responsibility of the district in which the foster family home is located. If a county office is not a part of the special education local plan area, special education services for individuals with exceptional needs residing in licensed children’s institutions, pursuant to this subdivision, shall be the responsibility of the responsible local agency or other administrative entity of the special education local plan area. This program responsibility shall continue until the time local written agreements are developed pursuant to subdivision (f) of Section 56195.7. (d) This section shall apply to special education local plan areas that are submitting a revised local plan for approval pursuant to Section 56836.03 or that have an approved revised local plan pursuant to Section 56836.03. (Added by Stats. 1998, Ch. 89, Sec. 22. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56157. Source version: id_d4459fdc-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. (a) In providing appropriate programs to individuals with exceptional needs residing in licensed children’s institutions or foster family homes, the local educational agency shall first consider services in programs operated by public educational agencies for individuals with exceptional needs. If those programs are not appropriate, special education and related services shall be provided by contract with a nonpublic, nonsectarian school. (b) (1) An individual with exceptional needs residing in a licensed children’s institution or foster family home shall not be referred to, or placed in, a nonpublic, nonsectarian school unless his or her individualized education program specifies that the placement is appropriate. (2) If special education and related services are provided by contract with a nonpublic, nonsectarian school, or with a licensed children’s institution under this article, the terms of the contract shall be developed in accordance with Section 56366. (c) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic, nonsectarian school, the local educational agency that made the placement shall conduct an annual evaluation, in accordance with federal law as part of the annual individualized education program process, of whether the placement is the least restrictive environment that is appropriate to meet the pupil’s needs. (d) If an individual with exceptional needs residing in a licensed children’s institution or foster family home is placed in a nonpublic, nonsectarian school, the nonpublic, nonsectarian school shall report to the local educational agency that made the placement, on a quarterly or trimester basis, as appropriate, the educational progress demonstrated by the individual with exceptional needs towards the attainment of the goals and objectives specified in the individual’s individualized education program. Pursuant to federal law, no local educational agency shall refer a pupil to a nonpublic, nonsectarian school unless the services required by the individualized education program of the pupil can be ensured. (Amended by Stats. 2012, Ch. 571, Sec. 3. (SB 121) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56159. Source version: id_de13b1fe-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. If a district, special education local plan area, or county office does not make the placement decision of an individual with exceptional needs in a licensed children’s institution or in a foster family home, the regional center for the developmentally disabled or public agency, excluding an education agency, placing the individual in the institution, shall be responsible for the residential costs and the cost of noneducation services of the individual. (Amended by Stats. 2012, Ch. 470, Sec. 7. (AB 1529) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56162. Source version: id_d986382e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. Individuals with exceptional needs placed in a licensed children’s institution or foster family home by a court, regional center for the developmentally disabled, or public agency, other than an educational agency, prior to the effective date of this article, shall be considered residents of the geographical area of the local plan in which the licensed children’s institution or foster family home is located, for special education and related services pursuant to the provisions of this article. (Amended by Stats. 1982, Ch. 1201, Sec. 10. Effective September 22, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56163. Source version: id_e56dd43e-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. A licensed children’s institution which provides nonsectarian educational programs for individuals with exceptional needs shall be certified by the department as prescribed by subdivision (c) of Section 56366. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56164. Source version: id_e5c0af30-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. This article shall not apply to programs operating in state hospitals and juvenile court schools. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56165. Source version: id_e615d412-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. This article shall not apply to individuals with exceptional needs placed in a licensed children’s institution pursuant to Section 56365. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56166. Source version: id_e66812c4-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. The board shall adopt rules and regulations to implement the provisions of this article. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Operative July 1, 1982, pursuant to Section 56166.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5. Licensed Children’s Institutions and Foster Family Homes [56155 - 56166.5] SECTION 56166.5. Source version: id_e80484be-3071-11dc-9029-f60733c397d3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5. This article shall become operative July 1, 1982. (Repealed and added by Stats. 1981, Ch. 1044, Sec. 6.5. Note: This section prescribes a delayed operative date for Article 5, commencing with Section 56166.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] SECTION 56167. Source version: id_e34e2482-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.5. (a) Individuals with exceptional needs who are placed in a public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes are the educational responsibility of the local educational agency in which the hospital or facility is located, as determined in local written agreements pursuant to subdivision (e) of Section 56195.7. (b) For the purposes of this part, “health facility” shall have the definition set forth in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (Amended by Stats. 2007, Ch. 56, Sec. 23. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] SECTION 56167.5. Source version: id_e39f9fe4-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.5. Nothing in this article shall be construed to mean that the placement of any individual with exceptional needs in a hospital or health facility constitutes a necessary residential placement, as described under Section 300.104 of Title 34 of the Code of Federal Regulations, for which the local educational agency would be responsible as an educational program option under this part. (Amended by Stats. 2007, Ch. 56, Sec. 24. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] SECTION 56168. Source version: id_e3f253c6-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.5. (a) A public hospital, state licensed children’s hospital, psychiatric hospital, proprietary hospital, or a health facility for medical purposes located either within and outside of this state that did not provide special education to individuals with exceptional needs who satisfy the criteria set forth in paragraph (2) of subdivision (c) of Section 56026 pursuant to a waiver granted under Section 56366.2 for the 1994–95 school year, is ineligible for certification as a nonpublic, nonsectarian school pursuant to Section 56034 and Sections 56365 to 56366.5, inclusive, to provide special education to individuals with exceptional needs. Districts, special education local plan areas, or county offices shall have until September 1, 1994, to find an appropriate alternative placement for any children currently served in one of these programs. (b) Pursuant to Section 56167, the local educational agency in which the hospital or health facility is located has the educational responsibility for individuals with exceptional needs who reside in these facilities. (c) A hospital or health facility is eligible for certification as a nonpublic, nonsectarian agency pursuant to Section 56035 and Sections 56365 to 56366.5, inclusive, to provide designated instruction and services to individuals with exceptional needs whether the child attends a public or nonpublic school or is enrolled in both a public and nonpublic school program as specified in Section 56361.5. (Amended by Stats. 2007, Ch. 56, Sec. 25. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] SECTION 56169.5. Source version: id_d9894582-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.5. This article shall not apply to programs operating in state hospitals. (Amended by Stats. 1986, Ch. 1296, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.5. Public Hospitals, Proprietary Hospitals and Other Residential Medical Facilities [56167 - 56169.7] SECTION 56169.7. Source version: id_d9894584-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.5. If any provision of this article, or the application thereof to any person or circumstances, is held invalid by an appellate court of competent jurisdiction, the remainder of the article, and the application of the provision to other persons or circumstances, shall not be affected thereby. (Added by Stats. 1986, Ch. 1296, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56170. Source version: id_e4444458-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. As used in this part, “private school children with disabilities” means children with disabilities enrolled by a parent in private schools or facilities that meet the definition of “elementary school” in Section 300.13 of Title 34 of the Code of Federal Regulations or “secondary school” in Section 300.36 of Title 34 of the Code of Federal Regulations, in accordance with Section 300.130 of Title 34 of the Code of Federal Regulations, other than individuals with exceptional needs placed by a local educational agency in a nonpublic, nonsectarian school pursuant to Section 56365. (Amended by Stats. 2007, Ch. 56, Sec. 26. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56171. Source version: id_6b0f2c40-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. Pursuant to Section 300.131 of Title 34 of the Code of Federal Regulations, local educational agencies shall locate, identify, and assess all private school children with disabilities, including religiously affiliated schoolage children, who have disabilities and are in need of special education and related services attending private school in the service area of the local educational agencies where the private school is located in accordance with Section 56301. The activities undertaken to carry out this responsibility for private school children with disabilities shall be comparable to activities undertaken in accordance with Section 1412(a)(10)(A)(ii) of Title 20 of the United States Code. (Amended by Stats. 2007, Ch. 454, Sec. 12. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56172. Source version: id_e497e29a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. (a) The local educational agency shall make provision for the participation of private school children with disabilities in special education programs under this part by providing them with special education and related services in accordance with the provisions of this article and Section 1412(a)(10)(A) of Title 20 of the United States Code and Section 300.132 of Title 34 of the Code of Federal Regulations. (b) The local educational agency or, where appropriate, the department, shall ensure timely and meaningful consultation with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children in accordance with Section 1412(a)(10)(A)(iii) of Title 20 of the United States Code and Section 300.134 of Title 34 of the Code of Federal Regulations. (c) When timely and meaningful consultation as required in subdivision (b) has occurred, the local educational agency shall obtain a written affirmation signed by the representatives of participating private schools, and if the representatives do not provide the affirmation within a reasonable period of time, the local educational agency shall forward the documentation of the consultation process to the department in accordance with Section 1412(a)(10)(A)(iv) of Title 20 of the United States Code. (d) A private school official shall have the right, pursuant to Section 1412(a)(10)(A)(v) of Title 20 of the United States Code and Section 300.136 of Title 34 of the Code of Federal Regulations, to submit a complaint to the department that the local educational agency did not engage in consultation that was meaningful and timely or did not give due consideration to the views of the private school official. (e) The provision of equitable services for children enrolled in private schools by their parents shall be provided by employees of a public agency, as defined in Section 56028.5, or through contract by the public agency with an individual, association, agency, organization, or other entity. (f) Special education and related services, including materials and equipment, provided to a pupil with a disability who has been parentally placed in a private school shall be secular, neutral, and nonideological, as required by Section 1412(a)(10)(A)(vi) of Title 20 of the United States Code and Section 300.138(c)(2) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 27. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56173. Source version: id_6b61b912-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. To meet the requirements of Section 56172, each local educational agency shall provide special education and related services to pupils with disabilities enrolled by a parent in private elementary and secondary schools, described in Section 56171, by expending an amount of federal state grant funds allocated to the state under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) equal to a proportionate amount of federal funds made available under the Part B grant program for local assistance, in accordance with Section 1412(a)(10)(A)(i) of Title 20 of the United States Code and Section 300.133 of Title 34 of the Code of Federal Regulations. In accordance with Section 300.131(d) of Title 34 of the Code of Federal Regulations, the cost of carrying out the child find requirements in Section 56171 cannot come from the proportional share of federal grant funds received pursuant to this section and Section 300.133 of Title 34 of the Code of Federal Regulations since those funds are required to be spent on the provision of services to the pupils with disabilities enrolled by a parent in private elementary and secondary schools. The control of public funds used to provide special education and related services under Section 1412(a)(10)(A) of Title 20 of the United States Code, and title to materials, equipment, and property purchased with those funds, shall be in a public agency for the uses and purposes provided in the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). A public agency shall administer the funds and property. (Amended by Stats. 2007, Ch. 454, Sec. 13. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56174. Source version: id_e4e90fdc-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. The local educational agency shall not be required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the local educational agency made a free appropriate public education available to the child and the parent of the child elected to place the child in the private school or facility. (Amended by Stats. 2007, Ch. 56, Sec. 28. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56174.5. Source version: id_e539a0de-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. (a) Private school individuals with exceptional needs may receive a different amount of services than individuals with exceptional needs in public school receive pursuant to Section 300.138(a)(2) of Title 34 of the Code of Federal Regulations. No private school individual with exceptional needs is entitled to any amount of service the child would receive if enrolled in a public school pursuant to Section 300.137(a) of Title 34 of the Code of Federal Regulations. (b) Decisions about the services provided to private school individuals with exceptional needs pursuant to this article shall be made pursuant to this section and Sections 300.137 to 300.139, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 29. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56175. Source version: id_e5922120-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. If a parent or guardian of an individual with exceptional needs, who previously received special education and related services under the authority of the local educational agency, enrolls the child in a private elementary or secondary school without the consent of or referral by the local educational agency, a court or a due process hearing officer may require the local educational agency to reimburse the parent or guardian for the cost of that enrollment if the court or due process hearing officer finds that the local educational agency had not made a free appropriate public education available to the child in a timely manner prior to that enrollment in the private elementary or secondary school and that the private placement is appropriate, in accordance with Section 1412(a)(10)(C)(ii) of Title 20 of the United States Code and Section 300.148(c) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 30. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56176. Source version: id_e2cfe976-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. The cost of the reimbursement described in Section 56175 may be reduced or denied pursuant to clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code in the event of any of the following: (a) At the most recent individualized education program meeting that a parent or guardian attended prior to removal of the child from the public school, the parent or guardian did not inform the individualized education program team that they were rejecting the placement proposed by the local educational agency to provide a free appropriate public education to the child, including stating his or her concerns and the intent to enroll the child in a private school at public expense. (b) The parent or guardian did not give written notice to the local educational agency of the information described in subdivision (a) at least 10 business days, including any holidays that occur on a business day, prior to the removal of the child from the public school. (c) Prior to the parent’s or guardian’s removal of the child from the public school, the local educational agency informed the parent, through the notice requirements described in paragraph (3) of subsection (b) of Section 1415 of Title 20 of the United States Code, of its intent to assess the child, including a statement of the purpose of the assessment that was appropriate and reasonable, but the parent or guardian did not make the child available for the assessment. (d) Upon a judicial finding of unreasonableness with respect to actions taken by a parent or guardian. (Amended by Stats. 2005, Ch. 653, Sec. 12. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 5.6. Children Enrolled in Private Schools [56170 - 56177] SECTION 56177. Source version: id_e31b9878-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=5.6. (a) Notwithstanding the notice requirement in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code, the cost of reimbursement shall not be reduced or denied, in accordance with clause (iv) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code, for failure to provide the notice in the event of any of the following: (1) The school prevented the parent or guardian from providing the notice. (2) The parents had not received notice, pursuant to Section 1415 of Title 20 of the United States Code, of the notice requirement in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code. (3) Compliance with the federal provision cited in paragraph (2) would likely result in physical harm to the child. (b) In the discretion of a court or a hearing officer, the cost of reimbursement may not be reduced or denied for failure to provide the notice in either of the following circumstances: (1) The parent or guardian is illiterate or cannot write in English. (2) Providing the notice described in subclause (I) of clause (iii) of subparagraph (C) of paragraph (10) of subsection (a) of Section 1412 of Title 20 of the United States Code would likely result in serious emotional harm to the child. (Amended by Stats. 2005, Ch. 653, Sec. 13. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 7. Community Advisory Committee [56190 - 56194] SECTION 56190. Source version: id_d98dd97c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=7. Each plan submitted under Section 56195.1 shall establish a community advisory committee. The committee shall serve only in an advisory capacity. (Amended by Stats. 1997, Ch. 854, Sec. 11. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 7. Community Advisory Committee [56190 - 56194] SECTION 56191. Source version: id_d98dd97e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=7. The members of the community advisory committee shall be appointed by, and responsible to, the governing board of each participating district or county office, or any combination thereof participating in the local plan. Appointment shall be in accordance with a locally determined selection procedure that is described in the local plan. Where appropriate, this procedure shall provide for selection of representatives of groups specified in Section 56192 by their peers. Such procedure shall provide that terms of appointment are for at least two years and are annually staggered to ensure that no more than one half of the membership serves the first year of the term in any one year. (Amended by Stats. 1981, Ch. 972, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 7. Community Advisory Committee [56190 - 56194] SECTION 56192. Source version: id_d98dd980-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=7. The community advisory committee shall be composed of parents of individuals with exceptional needs enrolled in public or private schools, parents of other pupils enrolled in school, pupils and adults with disabilities, regular education teachers, special education teachers and other school personnel, representatives of other public and private agencies, and persons concerned with the needs of individuals with exceptional needs. (Amended by Stats. 1992, Ch. 759, Sec. 29. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 7. Community Advisory Committee [56190 - 56194] SECTION 56193. Source version: id_d98dd982-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=7. At least the majority of such committee shall be composed of parents of pupils enrolled in schools participating in the local plan, and at least a majority of such parents shall be parents of individuals with exceptional needs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2. Administration [56100 - 56194] ARTICLE 7. Community Advisory Committee [56190 - 56194] SECTION 56194. Source version: id_fa7503fe-8166-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.&article=7. The community advisory committee shall have the authority and fulfill the responsibilities that are defined for it in the local plan. The responsibilities shall include, but need not be limited to, all the following: (a) Advising the policy and administrative entity of the special education local plan area regarding the development, amendment, and review of the local plan. The entity shall review and consider comments from the community advisory committee. (b) Recommending annual priorities to be addressed by the plan. (c) Assisting in parent education and in recruiting parents and other volunteers who may contribute to the implementation of the plan. (d) Encouraging community involvement in the development and review of the local plan. (e) Supporting activities on behalf of individuals with exceptional needs. (f) Assisting in parent awareness of the importance of regular school attendance. (g) Supporting community involvement in the parent advisory committee established pursuant to Section 52063 to encourage the inclusion of parents of individuals with exceptional needs to the extent these pupils also fall within one or more of the definitions in Section 42238.01. (Amended by Stats. 2018, Ch. 32, Sec. 90. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2.5. Governance [56195 - 56195.10] ARTICLE 1. Local Plans [56195 - 56195.5] SECTION 56195. Source version: id_d98f602a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.5.&article=1. Each special education local plan area, as defined in subdivision (d) of Section 56195.1, shall administer local plans submitted pursuant to Chapter 3 (commencing with Section 56205) and shall administer the allocation of funds pursuant to Chapter 7.2 (commencing with Section 56836). (Amended by Stats. 2004, Ch. 896, Sec. 57. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2.5. Governance [56195 - 56195.10] ARTICLE 1. Local Plans [56195 - 56195.5] SECTION 56195.1. Source version: id_d54324cb-20e9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.5.&article=1. The governing board of a district shall elect to do one of the following described in subdivision (a), (b), or (c): (a) (1) If of sufficient size and scope, under standards adopted by the board, submit to the superintendent a local plan for the education of all individuals with exceptional needs residing in the district in accordance with Chapter 3 (commencing with Section 56205). (2) From July 1, 2020, to July 1, 2026, inclusive, the governing board of a district shall not submit a local plan for the education of all individuals with exceptional needs residing in the district under paragraph (1) for the purpose of creating a single district special education local plan area. (b) In conjunction with one or more districts, submit to the superintendent a local plan for the education of individuals with exceptional needs residing in those districts in accordance with Chapter 3 (commencing with Section 56205). The plan shall include, through joint powers agreements or other contractual agreements, all the following: (1) Provision of a governance structure and any necessary administrative support to implement the plan. (2) Establishment of a system for determining the responsibility of participating agencies for the education of each individual with exceptional needs residing in the special education local plan area. (3) Designation of a responsible local agency or alternative administrative entity to perform functions such as the receipt and distribution of funds, provision of administrative support, and coordination of the implementation of the plan. Any participating agency may perform any of these services required by the plan. (c) Join with the county office, to submit to the superintendent a local plan in accordance with Chapter 3 (commencing with Section 56205) to assure access to special education and services for all individuals with exceptional needs residing in the geographic area served by the plan. The county office shall coordinate the implementation of the plan, unless otherwise specified in the plan. The plan shall include, through contractual agreements, all of the following: (1) Establishment of a system for determining the responsibility of participating agencies for the education of each individual with exceptional needs residing in the geographical area served by the plan. (2) Designation of the county office, of a responsible local agency, or of any other administrative entity to perform functions such as the receipt and distribution of funds, provision of administrative support, and coordination of the implementation of the plan. Any participating agency may perform any of these services required by the plan. (d) The service area covered by the local plan developed under subdivision (a), (b), or (c) shall be known as the special education local plan area. (e) This section does not limit the authority of a county office and a district or group of districts to enter into contractual agreements for services relating to the education of individuals with exceptional needs. Except for instructional personnel service units serving infants, until a special education local plan area adopts a revised local plan approved pursuant to Section 56836.03, the county office or district that reports a unit for funding shall be the agency that employs the personnel who staff the unit, unless the combined unit rate and support service ratio of the nonemploying agency is equal to or lower than that of the employing agency and both agencies agree that the nonemploying agency will report the unit for funding. (f) A charter school that is deemed a local educational agency for purposes of special education pursuant to Article 4 (commencing with Section 47640) of Chapter 6 of Part 26.8 shall participate in an approved local plan pursuant to subdivision (a), (b), or (c). A charter school may submit written policies and procedures to the department for approval by the board that establish compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and implementing regulations, either individually, pursuant to subdivision (a) or with other charter schools pursuant to subdivision (b). The board shall review these policies and procedures, based on the criteria established pursuant to Section 56100. Upon approval by the board, these written policies and procedures shall become the local plan. (g) The requirements of this section shall not be waived by the board pursuant to Section 56101 or any other law. (h) The Superintendent shall post all local plans submitted by each special education local plan area on the internet website of the department. (Amended by Stats. 2023, Ch. 48, Sec. 84. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2.5. Governance [56195 - 56195.10] ARTICLE 1. Local Plans [56195 - 56195.5] SECTION 56195.3. Source version: id_11b57820-8167-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.5.&article=1. In developing a local plan under Section 56195.1, each district shall do the following: (a) Involve special and general teachers selected by their peers and parents selected by their peers in an active role. (b) Cooperate with the county office and other districts in the geographic areas in planning its option under Section 56195.1 and each fiscal year, notify the department, impacted special education local plan areas, and participating county offices of its intent to elect an alternative option from those specified in Section 56195.1, at least one year before the proposed effective date of the implementation of the alternative plan. (c) Cooperate with the county office to assure that the local plan is compatible with other local plans in the county, including the local control and accountability plans adopted for the district and the county board of education, and any county plan of a contiguous county. (d) Submit to the county office for review any local plan developed under subdivision (a) or (b) of Section 56195.1. (Amended by Stats. 2018, Ch. 32, Sec. 91. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2.5. Governance [56195 - 56195.10] ARTICLE 1. Local Plans [56195 - 56195.5] SECTION 56195.5. Source version: id_d9a02910-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.5.&article=1. (a) Each county office and district governing board shall have authority over the programs it directly maintains, consistent with the local plan submitted pursuant to Section 56195.1. In counties with more than one special education local plan area for which the county office provides services, relevant provisions of contracts between the county office and its employees governing wages, hours, and working conditions shall supersede like provisions contained in a plan submitted under Section 56195.1. (b) Any county office or district governing board may provide for the education of individual pupils in special education programs maintained by other districts or counties, and may include within the special education programs pupils who reside in other districts or counties. Section 46600 shall apply to interdistrict attendance agreements for programs conducted pursuant to this part. (Added by Stats. 1997, Ch. 854, Sec. 12. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2.5. Governance [56195 - 56195.10] ARTICLE 2. Local Requirements [56195.7 - 56195.10] SECTION 56195.7. Source version: id_13da62d2-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.5.&article=2. In addition to the provisions required to be included in the local plan pursuant to Chapter 3 (commencing with Section 56205), each special education local plan area that submits a local plan pursuant to subdivision (b) of Section 56195.1 and each county office that submits a local plan pursuant to subdivision (c) of Section 56195.1 shall develop written agreements to be entered into by entities participating in the plan. The agreements need not be submitted to the superintendent. These agreements shall include, but not be limited to, the following: (a) A coordinated identification, referral, and placement system pursuant to Chapter 4 (commencing with Section 56300). (b) Procedural safeguards pursuant to Chapter 5 (commencing with Section 56500). (c) Regionalized services to local programs, including, but not limited to, all of the following: (1) Program specialist service pursuant to Section 56368. (2) Personnel development, including training for staff, parents, and members of the community advisory committee pursuant to Article 3 (commencing with Section 56240). (3) Evaluation pursuant to Chapter 6 (commencing with Section 56600). (4) Data collection and development of management information systems. (5) Curriculum development. (6) Provision for ongoing review of programs conducted, and procedures utilized, under the local plan, and a mechanism for correcting any identified problem. (d) A description of the process for coordinating services with other local public agencies that are funded to serve individuals with exceptional needs. (e) A description of the process for coordinating and providing services to individuals with exceptional needs placed in public hospitals, proprietary hospitals, and other residential medical facilities pursuant to Article 5.5 (commencing with Section 56167) of Chapter 2. (f) A description of the process for coordinating and providing services to individuals with exceptional needs placed in licensed children’s institutions and foster family homes pursuant to Article 5 (commencing with Section 56155) of Chapter 2. (g) A description of the process for coordinating and providing services to individuals with exceptional needs placed in juvenile court schools or county community schools pursuant to Section 56150. (h) A budget for special education and related services that shall be maintained by the special education local plan area and be open to the public covering the entities providing programs or services within the special education local plan area. The budget language shall be presented in a form that is understandable by the general public. For each local educational agency or other entity providing a program or service, the budget, at minimum, shall display the following: (1) Expenditures by object code and classification for the previous fiscal year and the budget by the same object code classification for the current fiscal year. (2) The number and type of certificated instructional and support personnel, including the type of class setting to which they are assigned, if appropriate. (3) The number of instructional aides and other qualified classified personnel. (4) The number of enrolled individuals with exceptional needs receiving each type of service provided. (i) For multidistrict special education local plan areas, a description of the policymaking process that shall include a description of the local method used to distribute state and federal funds among the local educational agencies in the special education local plan area. The local method to distribute funds shall be approved according to the policymaking process established consistent with subdivision (f) of Section 56001 and pursuant to paragraph (3) of subdivision (b) of Section 56205. (j) (1) In accordance with Section 1413 of Title 20 of the United States Code, each single-district special education local plan area established pursuant to Section 56195.1 shall have a written procedure for the ongoing review of programs conducted, and procedures utilized pursuant to Section 56205, under the local plan as defined pursuant to Section 56027 and administered pursuant to Section 56195, and a mechanism for correcting any identified problem pursuant to paragraph (6) of subdivision (c). (2) Multidistrict special education local plan areas established pursuant to subdivision (b) of Section 56195.1 and a district or districts joined with the county office in accordance with subdivision (c) of Section 56195.1 shall have a written agreement entered into by entities participating in the local plan that includes a provision for ongoing review of programs conducted, and procedures utilized, under the local plan, and a mechanism for correcting any identified problem pursuant to paragraph (6) of subdivision (c). (3) The written procedure referenced in paragraph (1) and the written agreement referenced in paragraph (2) need not be submitted to the superintendent but shall be available upon request by the department. (Amended by Stats. 2005, Ch. 677, Sec. 45. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2.5. Governance [56195 - 56195.10] ARTICLE 2. Local Requirements [56195.7 - 56195.10] SECTION 56195.8. Source version: id_d9a02916-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.5.&article=2. (a) Each entity providing special education under this part shall adopt policies for the programs and services it operates, consistent with agreements adopted pursuant to subdivision (b) or (c) of Section 56195.1 or Section 56195.7. The policies need not be submitted to the superintendent. (b) The policies shall include, but not be limited to, all of the following: (1) Nonpublic, nonsectarian services, including those provided pursuant to Sections 56365 and 56366. (2) Review, at a general education or special education teacher’s request, of the assignment of an individual with exceptional needs to his or her class and a mandatory meeting of the individualized education program team if the review indicates a change in the pupil’s placement, instruction, related services, or any combination thereof. The procedures shall indicate which personnel are responsible for the reviews and a timetable for completion of the review. (3) Procedural safeguards pursuant to Chapter 5 (commencing with Section 56500). (4) Resource specialists pursuant to Section 56362. (5) Transportation, where appropriate, which describes how special education transportation is coordinated with regular home-to-school transportation. The policy shall set forth criteria for meeting the transportation needs of special education pupils. The policy shall include procedures to ensure compatibility between mobile seating devices, when used, and the securement systems required by Federal Motor Vehicle Safety Standard No. 222 (49 C.F.R. 571.222) and to ensure that schoolbus drivers are trained in the proper installation of mobile seating devices in the securement systems. (6) Information on the number of individuals with exceptional needs who are being provided special education and related services. (7) Caseloads pursuant to Chapter 4.45 (commencing with Section 56440) of Part 30. The policies, with respect to caseloads, shall not be developed until guidelines or proposed regulations are issued pursuant to Section 56441.7. The guidelines or proposed regulations shall be considered when developing the caseload policy. A statement of justification shall be attached if the local caseload policy exceeds state guidelines or proposed regulations. (c) The policies may include, but are not limited to, provisions for involvement of district and county governing board members in any due process hearing procedure activities conducted pursuant to, and consistent with, state and federal law. (Added by Stats. 1997, Ch. 854, Sec. 12. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2.5. Governance [56195 - 56195.10] ARTICLE 2. Local Requirements [56195.7 - 56195.10] SECTION 56195.9. Source version: id_28988a02-8167-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.5.&article=2. (a) The plan for special education shall be developed and updated cooperatively by a committee of representatives of special and regular teachers and administrators selected by the groups they represent and with participation by parent members of the community advisory committee, or parents selected by the community advisory committee, to ensure adequate and effective participation and communication. (b) Commencing July 1, 2020, a special education local plan area shall review its local plan at least once every three years and update as needed to ensure information contained within the plan remains relevant and accurate. This requirement shall not be construed to change the annual budget plan, annual service plan, and annual assurances support plan requirements that are contained in Section 56205. (Amended by Stats. 2018, Ch. 32, Sec. 92. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 2.5. Governance [56195 - 56195.10] ARTICLE 2. Local Requirements [56195.7 - 56195.10] SECTION 56195.10. Source version: id_d9a1afba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=2.5.&article=2. Unless the process described in subdivision (i) of Section 56195.7 specifies an alternative method of distribution of state and local funds among the participating local educational agencies, the funds shall be distributed by the special education local plan area as allocated instructional personnel service units and operated as computed in Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998, or Chapter 7.1 (commencing with Section 56835). (Added by Stats. 1998, Ch. 89, Sec. 29. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.1. State Requirements [56205 - 56208] SECTION 56205. Source version: id_3fbdadf4-8167-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.1. (a) Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with Sections 1412(a) and 1413(a)(1) of Title 20 of the United States Code, and in accordance with Section 300.201 of Title 34 of the Code of Federal Regulations, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following: (1) Free appropriate public education. (2) Full educational opportunity. (3) Child find and referral. (4) Individualized education programs, including development, implementation, review, and revision. (5) Least restrictive environment. (6) Procedural safeguards. (7) Annual and triennial assessments. (8) Confidentiality. (9) Transition from Subchapter III (commencing with Section 1431) of Title 20 of the United States Code to the preschool program. (10) Children in private schools. (11) Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), federal regulations relating thereto, and this part. (12) (A) A description of the governance and administration of the local plan, including identification of the governing body of a multidistrict local plan or the individual responsible for administration in a single district local plan, and of the elected officials to whom the governing body or individual is responsible. (B) A description of the regionalized operations and services listed in Section 56836.23 and the direct instructional support provided by program specialists in accordance with Section 56368 to be provided through the local plan. (C) Verification that a community advisory committee has been established pursuant to Section 56190. (D) Multidistrict local plans, submitted pursuant to subdivision (b) or (c) of Section 56195.1, shall do the following: (i) Specify the responsibilities of each participating county office and district governing board in the policymaking process, the responsibilities of the superintendents of each participating district and county in the implementation of the local plan, and the responsibilities of district and county administrators of special education in coordinating the administration of the local plan. (ii) Identify the respective roles of the administrative unit and the administrator of the special education local plan area and the individual local educational agencies within the special education local plan area in relation to the following: (I) The hiring, supervision, evaluation, and discipline of the administrator of the special education local plan area and staff employed by the administrative unit in support of the local plan. (II) The allocation from the state of federal and state funds to the special education local plan area administrative unit or to local educational agencies within the special education local plan area. (III) The operation of special education programs. (IV) Monitoring the appropriate use of federal, state, and local funds allocated for special education programs. (V) The preparation of program and fiscal reports required of the special education local plan area by the state. (iii) Include copies of joint powers agreements or contractual agreements, as appropriate, for districts and counties that elect to enter into those agreements pursuant to subdivision (b) or (c) of Section 56195.1. (E) The description of the governance and administration of the local plan, and the policymaking process, shall be consistent with subdivision (f) of Section 56001, subdivision (a) of Section 56195.3, and Section 56195.9, and shall reflect a schedule of regular consultations regarding policy and budget development with representatives of special education and regular education teachers and administrators selected by the groups they represent and parent members of the community advisory committee established pursuant to Article 7 (commencing with Section 56190) of Chapter 2. (13) Personnel qualifications to ensure that personnel, including special education teachers and personnel and paraprofessionals providing related services, necessary to implement this part are appropriately and adequately prepared and trained in accordance with Sections 56058 and 56070 and Sections 1412(a)(14) and 1413(a)(3) of Title 20 of the United States Code. (14) Performance goals and indicators. (15) Participation in state and districtwide assessments, including assessments described under Section 1111 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.) and alternate assessments in accordance with Section 1412(a)(16) of Title 20 of the United States Code, and reports relating to assessments. (16) Supplementation of state, local, and other federal funds, including nonsupplantation of funds. (17) Maintenance of financial effort. (18) Opportunities for public participation before adoption of policies and procedures. (19) Suspension and expulsion rates. (20) Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with Section 1412(a)(23) of Title 20 of the United States Code. (21) Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in Section 1401 of Title 20 of the United States Code and in accordance with Section 1412(a)(24) of Title 20 of the United States Code. (22) Prohibition of mandatory medication use pursuant to Section 56040.5 and in accordance with Section 1412(a)(25) of Title 20 of the United States Code. (b) Each local plan submitted to the Superintendent under this part shall also contain all the following: (1) An annual budget plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the local plan area at least 15 days before the hearing. The annual budget plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and Section 56195.9. The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following: (A) A description of the special education local plan area’s allocation plan in accordance with Chapter 7.2 (commencing with Section 56836), including funds apportioned to the administrative unit of the special education local plan area. (B) All revenues by revenue source received by the special education local plan area specifically for the purpose of special education, including any property taxes allocated to the special education local plan area as designated in Section 2572. (C) A breakdown of the distribution of funds to each local educational agency within the special education local plan area. (D) A description of projected total special education expenditures by local educational agency, including supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments and special education services to pupils with low incidence disabilities. (E) A description of projected total expenditures by the special education local plan area and the local educational agencies within the special education local plan area by standardized account code structure object code. (F) A description of projected funding to be received specifically for regionalized operations and a breakdown of projected special education local plan area operating expenditures by standardized account code structure object code. (2) An annual service plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual service plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual service plan shall include a description of services to be provided by each local educational agency, including the nature of the services and the physical location at which the services will be provided, including alternative schools, opportunity schools and classes, community day schools operated by districts, community schools operated by county offices, and juvenile court schools, regardless of whether the local educational agency is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs. (3) An annual assurances support plan that shall be adopted at a public hearing held by the special education local plan area. Notice of this hearing shall be posted in each school in the special education local plan area at least 15 days before the hearing. The annual assurances support plan may be revised during any fiscal year according to the policymaking process established pursuant to subparagraphs (D) and (E) of paragraph (12) of subdivision (a) and consistent with subdivision (f) of Section 56001 and with Section 56195.9. The annual assurances support plan shall meet the requirements of subdivision (c) of Section 56122. (4) A description of programs for early childhood special education from birth through five years of age. (5) A description of the method by which members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the local plan, may address questions or concerns to the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a). (6) A description of a dispute resolution process, including mediation and final and binding arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan. (7) Verification that the local plan has been reviewed by the community advisory committee and that the committee had at least 30 days to conduct this review before submission of the local plan to the Superintendent. (8) A description of the process being utilized to meet the requirements of Section 56303. (c) A description of the process being utilized to oversee and evaluate placements in nonpublic, nonsectarian schools and the method of ensuring that all requirements of each pupil’s individualized education program are being met. The description shall include a method for evaluating whether the pupil is making appropriate educational progress. (d) The local plan, budget plan, annual service plan, and annual assurances support plan shall adhere to the guidelines established pursuant to Section 56122, and shall be written in language that is understandable to the general public. (Amended by Stats. 2018, Ch. 32, Sec. 93. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.1. State Requirements [56205 - 56208] SECTION 56205.5. Source version: id_83a95908-815f-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.1. (a) The superintendent or other chief administrator of a local educational agency shall post on the Internet Web site of the local educational agency any local plan, annual budget plan, annual service plan, and annual assurances support plan upon approval of the special education local plan area, and any updates or revisions to the plans upon approval of the special education local plan area. (b) A county superintendent of schools shall do both of the following: (1) Post on the Internet Web site of the county office any local plan, annual budget plan, annual service plan, and annual assurances support plan upon approval of the county office, and any updates or revisions to the plans upon approval of the county office. (2) Post on the Internet Web site of the county office all local plans submitted by special education local plan areas in the county, or links to those plans. (c) A complete copy of the local plan, annual budget plan, annual service plan, annual assurances support plan, and policies and procedures shall be held on file in the special education local plan area office and at each participating local educational agency, and shall be accessible to any interested party. (Added by Stats. 2018, Ch. 32, Sec. 94. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.1. State Requirements [56205 - 56208] SECTION 56206. Source version: id_d9b585e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.1. As a part of the local plan submitted pursuant to Section 56205, each special education local plan area shall describe how specialized equipment and services will be distributed within the local plan area in a manner that minimizes the necessity to serve pupils in isolated sites and maximizes the opportunities to serve pupils in the least restrictive environments. (Added by Stats. 1997, Ch. 854, Sec. 15. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.1. State Requirements [56205 - 56208] SECTION 56207. Source version: id_d9b585e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.1. (a) No educational programs and services already in operation in school districts or a county office of education pursuant to Part 30 (commencing with Section 56000) shall be transferred to another school district or a county office of education or from a county office of education to a school district unless the special education local plan area has developed a plan for the transfer which addresses, at a minimum, all of the following: (1) Pupil needs. (2) The availability of the full continuum of services to affected pupils. (3) The functional continuation of the current individualized education programs of all affected pupils. (4) The provision of services in the least restrictive environment from which affected pupils can benefit. (5) The maintenance of all appropriate support services. (6) The assurance that there will be compliance with all federal and state laws and regulations and special education local plan area policies. (7) The means through which parents and staff were represented in the planning process. (b) The date on which the transfer will take effect may be no earlier than the first day of the second fiscal year beginning after the date on which the sending or receiving agency has informed the other agency and the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a) of Section 56205, unless the governing body or individual identified in subparagraph (A) of paragraph (12) of subdivision (a) of Section 56205 unanimously approves the transfer taking effect on the first day of the first fiscal year following that date. (c) If either the sending or receiving agency disagree with the proposed transfer, the matter shall be resolved by the alternative resolution process established pursuant to paragraph (5) of subdivision (b) of Section 56205. (d) Notwithstanding Section 56208, this section shall apply to all special education local plan areas commencing on July 1, 1998, whether or not a special education local plan area has submitted a revised local plan for approval or has an approved revised local plan pursuant to Section 56836.03. (Amended by Stats. 2001, Ch. 734, Sec. 55. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.1. State Requirements [56205 - 56208] SECTION 56207.5. Source version: id_d9b585e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.1. A request by a charter school to participate as a local educational agency in a special education local plan area may not be treated differently from a similar request made by a school district. In reviewing and approving a request by a charter school to participate as a local educational agency in a special education local plan area, the following requirements shall apply: (a) The special education local plan area shall comply with Section 56140. (b) The charter school shall participate in state and federal funding for special education and the allocation plan developed pursuant to subdivision (i) of Section 56195.7 or Section 56836.05 in the same manner as other local educational agencies of the special education local plan area. (c) The charter school shall participate in governance of the special education local plan area in the same manner as other local educational agencies of the special education local plan area. (Added by Stats. 1999, Ch. 78, Sec. 44.6. Effective July 7, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.1. State Requirements [56205 - 56208] SECTION 56208. Source version: id_d9b70c88-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.1. This article shall apply to special education local plan areas that are submitting a revised local plan for approval pursuant to Section 56836.03 or that have an approved revised local plan pursuant to Section 56836.03. (Added by Stats. 1997, Ch. 854, Sec. 15. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] SECTION 56211. Source version: id_d9b70c8c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.5. A special education local plan area submitting a local plan, pursuant to subdivision (c) of Section 56195.1, which includes all of the school districts located in the county or counties submitting the plan, except those participating in a countywide special education local plan area located in an adjacent county, and which meets the criteria for special education local plan areas with small populations set forth in Section 56212, is eligible to request that designation in its local plan application. This section shall become operative on July 1, 1998. (Amended (as added by Stats. 1997, Ch. 854, Sec. 18) by Stats. 1998, Ch. 89, Sec. 33. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] SECTION 56212. Source version: id_d9b70c8e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.5. An eligible special education local plan area, which submits a local plan under the provisions of Section 56211, may request designation as a necessary small special education local plan area if its total reported units of average daily attendance in kindergarten and grades 1 to 12, inclusive, is less than 15,000, and if it includes all of the school districts located in the county or counties participating in the local plan, except those districts participating in a countywide special education local plan area located in an adjacent county that also meets the criteria of this section. This section shall become operative on July 1, 1998. (Amended (as added by Stats. 1997, Ch. 854, Sec. 20) by Stats. 1998, Ch. 89, Sec. 34. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 1.5. Special Education Local Plan Areas with Small or Sparse Populations [56211 - 56214] SECTION 56214. Source version: id_eb329b21-c12e-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=1.5. For the 2020–21 fiscal year and each fiscal year thereafter, a necessary small special education local plan area, as described in Section 56212, shall receive, in addition to the funding it received in the 2019–20 fiscal year, an additional funding amount equal to the sum of both of the following: (a) The amount it received in the 2019–20 fiscal year pursuant to subdivision (b) of Section 56213, as that section read on January 1, 2020. (b) A proportional share of any additional funding provided for this purpose in the annual Budget Act. (Added by Stats. 2020, Ch. 24, Sec. 65. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 3. Staff Development [56240 - 56245] SECTION 56240. Source version: id_e634c9c4-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=3. Staff development programs shall be provided for regular and special education teachers, administrators, certificated and classified employees, volunteers, community advisory committee members and, as appropriate, members of the district and county governing boards. The programs shall be coordinated with other staff development programs in the special education local plan area, including school level staff development programs authorized by state and federal law. (Amended by Stats. 2007, Ch. 56, Sec. 33. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 3. Staff Development [56240 - 56245] SECTION 56241. Source version: id_d9b89336-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=3. Staff development programs shall include, but not be limited to, all the following: (a) Provision of opportunities for all school personnel, paraprofessionals, and volunteers to participate in ongoing development activities pursuant to a systematic identification of pupil and personnel needs. (b) Be designed and implemented by classroom teachers and other participating school personnel, including the school principal. Teachers shall comprise the majority of any group designated to design local staff development programs for instructional personnel to be established pursuant to this part. Positive efforts shall be made to ensure the individuals with exceptional needs and parents of such individuals are involved in the design and implementation of staff development programs. (c) Allowance for diversity in development activities, including, but not limited to, small groups, self-directed learning, and systematic observation during visits to other classrooms or schools. (d) Scheduling of time which is set aside for such purpose throughout the school year, including, but not limited to, time when participating school personnel are released from their regular duties. (e) Evaluation and modification on a continuing basis by participating school personnel with the aid of outside personnel, as necessary. (f) Inclusion of the school principal and other administrative personnel as active participants in one or more staff development activities implemented pursuant to this chapter. (g) Provision of a budget for reasonable and necessary expenses, relating to staff development programs. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 3. Staff Development [56240 - 56245] SECTION 56243. Source version: id_e6866c36-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=3. It is the intent of the Legislature, pursuant to this article, that a local educational agency provide regular classroom teachers serving individuals with exceptional needs appropriate training each year relating to the needs of those individuals. (Amended by Stats. 2007, Ch. 56, Sec. 34. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 3. Staff Development [56240 - 56245] SECTION 56244. Source version: id_d9b8933a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=3. The superintendent shall, to the extent possible using federal and state funds appropriated for this purpose, provide staff development to child care center staff and family day care providers to improve child care services to individuals with exceptional needs. (Added by Stats. 1990, Ch. 1596, Sec. 6.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 3. Elements of the Local Plan [56205 - 56245] ARTICLE 3. Staff Development [56240 - 56245] SECTION 56245. Source version: id_e6d7e798-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=3.&article=3. The Legislature encourages the inclusion, in local in-service training programs for regular education teachers and special education teachers in local educational agencies, of a component on the recognition of, and teaching strategies for, specific learning disabilities, including dyslexia and related disorders. (Amended by Stats. 2007, Ch. 56, Sec. 35. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 1. Identification and Referral [56300 - 56305] SECTION 56300. Source version: id_bafed2e0-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=1. A local educational agency shall actively and systematically seek out all individuals with exceptional needs, from birth to 21 years of age, inclusive, including children not enrolled in public school programs, who reside in a school district or are under the jurisdiction of a special education local plan area or a county office of education. (Amended by Stats. 2008, Ch. 179, Sec. 56. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 1. Identification and Referral [56300 - 56305] SECTION 56301. Source version: id_1da522ce-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=1. (a) All children with disabilities residing in the state, including children with disabilities who are homeless children or are wards of the state and children with disabilities attending private, including religious, elementary and secondary schools, regardless of the severity of their disabilities, and who are in need of special education and related services, shall be identified, located, and assessed and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services as required by Sections 1412(a)(3) and 1412(a)(10)(A)(ii) of Title 20 of the United States Code. A child is not required to be classified by their disability so long as each child who has a disability listed in Section 1401(3) of Title 20 of the United States Code and who, by reason of that disability, needs special education and related services as an individual with exceptional needs defined in Section 56026. (b) (1) In accordance with Section 300.111(c) of Title 34 of the Code of Federal Regulations, the requirements of this section also apply to highly mobile individuals with exceptional needs, including migrant children, and children who are suspected of being an individual with exceptional needs pursuant to Section 56026 and in need of special education, even though they are advancing from grade to grade. (2) In accordance with Section 300.213 of Title 34 of the Code of Federal Regulations, the local educational agency shall cooperate in the efforts of the federal Secretary of Education, under Section 6398 of Title 20 of the United States Code, to ensure the linkage of records pertaining to migratory children with disabilities for the purpose of electronically exchanging, among other states, health and educational information regarding those children. (c) (1) The child find process shall ensure the equitable participation in special education and related services of parentally placed private schoolchildren with disabilities and an accurate count of those children. Child find activities conducted by local educational agencies, or where applicable, the department, shall be similar to those activities undertaken for pupils in public schools. (2) In accordance with Section 1412(a)(10)(A)(ii)(IV) of Title 20 of the United States Code, the cost of the child find activities in private, including religious, elementary and secondary schools, may not be considered in determining whether a local educational agency has met its obligations under the proportionate funding provisions for children enrolled in private, including religious, elementary and secondary schools. (3) The child find process described in paragraph (1) shall be completed in a time period comparable to that for other pupils attending public schools in the local educational agency. (d) (1) Each special education local plan area shall establish written policies and procedures pursuant to Section 56205 for use by its constituent local agencies for a continuous child find system that addresses the relationships among identification, screening, referral, assessment, planning, implementation, review, and the triennial assessment. The policies and procedures shall include, but need not be limited to, written notification to all parents of their rights under this chapter, and the procedure for initiating a referral for assessment to identify individuals with exceptional needs. (2) In accordance with Section 1415(d)(1)(A) of Title 20 of the United States Code and Section 300.504(a) of Title 34 of the Code of Federal Regulations, parents and pupils shall be given a copy of their rights and procedural safeguards once every school year and at all of the following times: (A) Upon initial referral or parental request for assessment. (B) Upon receipt of the first state complaint under Section 56500.2 in a school year. (C) Upon receipt of the first due process hearing request under Section 56502 in a school year. (D) When a decision is made to make a removal that constitutes a change of placement of an individual with exceptional needs because of a violation of a code of pupil conduct in accordance with Section 300.530(h) of Title 34 of the Code of Federal Regulations. (E) Upon request by a parent or pupil. (3) A local educational agency may place a current copy of the procedural safeguards notice on its internet website, if the internet website exists, pursuant to Section 1415(d)(1)(B) of Title 20 of the United States Code. (4) The contents of the procedural safeguards notice shall contain the requirements listed in Section 1415(d)(2) of Title 20 of the United States Code and Section 300.504(c) of Title 34 of the Code of Federal Regulations. (e) Child find data collected pursuant to this chapter, or collected pursuant to a regulation or an interagency agreement, are subject to the confidentiality requirements of Sections 300.610 to 300.627, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 579, Sec. 3. (SB 373) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 1. Identification and Referral [56300 - 56305] SECTION 56302. Source version: id_bb954682-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=1. A local educational agency shall provide for the identification and assessment of the exceptional needs of an individual, and the planning of an instructional program to meet the assessed needs. Identification procedures shall include systematic methods of utilizing referrals of pupils from teachers, parents, agencies, appropriate professional persons, and from other members of the public. Identification procedures shall be coordinated with schoolsite procedures for referral of pupils with needs that cannot be met with modification of the regular instructional program. (Amended by Stats. 2008, Ch. 179, Sec. 57. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 1. Identification and Referral [56300 - 56305] SECTION 56302.1. Source version: id_e4ab603e-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=1. (a) Once a child has been referred for an initial assessment to determine whether the child is an individual with exceptional needs as defined in Section 56026 and to determine the educational needs of the child, these determinations shall be made, and an individualized education program meeting shall occur, within 60 days of receiving parental consent for the assessment in accordance with subparagraph (C) of paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code. (b) The 60-day time period does not apply to a local educational agency if either of the following occurs: (1) A child enrolls in a school served by the local educational agency after the relevant time period has commenced but prior to a determination by his or her previous local educational agency of whether the child is an individual with exceptional needs. The exemption of this paragraph applies only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the assessment, and the parent and subsequent local educational agency agree to a specific date by which the assessment shall be completed. (2) The parent of a child repeatedly fails or refuses to produce the child for the assessment. (Added by Stats. 2005, Ch. 653, Sec. 16. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 1. Identification and Referral [56300 - 56305] SECTION 56302.5. Source version: id_d9c64ee8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=1. The term “assessment,” as used in this chapter, shall have the same meaning as the term “evaluation” in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. (Added by Stats. 1998, Ch. 691, Sec. 26. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 1. Identification and Referral [56300 - 56305] SECTION 56303. Source version: id_d9c64eea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=1. A pupil shall be referred for special educational instruction and services only after the resources of the regular education program have been considered and, where appropriate, utilized. (Repealed and added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 1. Identification and Referral [56300 - 56305] SECTION 56304. Source version: id_e4f40200-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=1. (a) The parents or guardians of a pupil who has been referred for initial assessment, or of a pupil identified as an individual with exceptional needs, shall be afforded an opportunity to participate in meetings with respect to the identification, assessment, and educational placement, pursuant to Section 56342.5 and subdivisions (b) and (c) of Section 56341.5, of the pupil and with respect to the provision of a free appropriate public education, as provided in Section 300.501 of Title 34 of the Code of Federal Regulations. (b) In accordance with subsection (f) of Section 1414 of Title 20 of the United States Code, when conducting individualized education program meetings and placement meetings pursuant to this part, and when carrying out administrative matters under Chapter 5 (commencing with Section 56500), including scheduling exchange of witness lists and status conferences, the parent of an individual with exceptional needs and a local educational agency may agree to use alternative means of meeting participation, such as video conferences and conference calls. (Amended by Stats. 2005, Ch. 653, Sec. 17. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 1. Identification and Referral [56300 - 56305] SECTION 56305. Source version: id_56d09da9-fce6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=1. (a) On or before July 1, 2019, the department shall develop a manual providing guidance to local educational agencies on identifying English learners as individuals with exceptional needs, classifying individuals with exceptional needs as English learners, supporting pupils who are both English learners and individuals with exceptional needs, and determining when such dually identified pupils should be either removed from classification as English learners or exited from special education. (b) The goal of the manual shall be to provide guidance, for voluntary use by local educational agencies, charter schools, and the state special schools, on evidence-based and promising practices for the identification, assessment, support, and reclassification of these pupils and to promote a collaborative approach among general education teachers, special education teachers, school administrators, paraprofessionals, other involved personnel, and parents in determining the most appropriate academic placements and services for these pupils. (c) In developing the manual, the department shall do both of the following: (1) Review manuals and other resources produced on this topic by local educational agencies, special education administrators, other organizations, other states, and the federal government. (2) Establish and consult with a stakeholder group comprised of experts and practitioners. These individuals shall have expertise or experience in either special education, English learner education, or in both. (d) The manual shall include all of the following topics: (1) Guidance for accurately identifying English learners suspected of being individuals with exceptional needs and accurately classifying individuals with exceptional needs as English learners, including guidance on avoiding overidentification and underidentification of these pupils for special education services and in different disability categories and in different grade spans. (2) Information on second language acquisition and progress, including guidance on distinguishing between language acquisition and disabilities. (3) Examples of prereferral strategies, early interventions, and early intervening strategies specifically addressing the needs of English learners, including examples of early interventions for pupils in preschool and the primary grades who are acquiring foundational language and literacy skills. (4) Guidance on referral processes. (5) Guidance on the use of assessments, including the use of multiple measures as well as assessment accommodations for both language and disability, including assessment accommodations in primary languages. (6) Guidance on the consideration of extrinsic factors, such as vision, hearing, and health, in the identification of pupils. (7) Guidance on the development of individualized education programs for English learners, including the composition of individualized education program teams. (8) Guidance on how to support the language and content learning needs of English learners who are individuals with exceptional needs, including how to do so in the least restrictive environment, as described in Section 56040.1, and in a manner that enables access to the core curriculum. (9) Guidance regarding placement or continued placement in bilingual programs and on providing services and instruction in primary languages. (10) Guidance on special education exit and English learner reclassification processes for English learners who are individuals with exceptional needs. (11) Information on the role of culture and acculturation, to the extent it is related to the process of identifying English learners for special education services. (12) Guidance for working with families, including guidance on meeting the needs of nonnative English speaking parents, guardians, and educational rights holders in special education proceedings. (13) Examples of any plans or processes used by local educational agencies for continuous evaluation and systemic review and guidance on sharing information between special education and English learner programs within local educational agencies for the purpose of tracking effectiveness, to the extent permitted under state and federal law regarding the privacy of pupil information. (14) State and federal law, regulations, and guidance related to the rights of English learners and individuals with exceptional needs. (e) All guidance in the manual shall be consistent with state and federal law, regulations, and guidance regarding English learners and special education. (f) The manual shall be written for ease of use by educators. The department is encouraged to incorporate features such as flowcharts, checklists, sample forms, and case examples. (g) The department shall post the manual on its Internet Web site and on its professional development Internet Web site. (h) For purposes of this section, the following terms have the following meanings: (1) “English learners” has the same definition as in subdivision (a) of Section 435. (2) “Individuals with exceptional needs” has the same definition as in Section 56026. (3) “Reclassification,” with respect to an English learner, means the procedures described in Section 11303 of Title 5 of the California Code of Regulations. (i) (1) (A) In implementing this section, the department, with input from the stakeholder group, shall develop a plan for the dissemination of the manual and the means of providing professional development on the content of the manual. The plan shall address how the state and local educational agencies can collaborate in meeting both of these objectives in a cost-effective manner. (B) Implementation of the plan developed pursuant to subparagraph (A) shall be contingent upon an appropriation for that purpose in the annual Budget Act or another enacted statute. (2) The plan shall be submitted to the state board, the Department of Finance, the Legislative Analyst’s Office, the California Collaborative for Educational Excellence, the Advisory Commission on Special Education, and the appropriate policy and fiscal committees of the Legislature on or before July 1, 2019. (j) It is the intent of the Legislature that this section be funded with federal funds, to the extent permissible. (Amended by Stats. 2018, Ch. 507, Sec. 13. (SB 816) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56320. Source version: id_e7d0033e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. Before any action is taken with respect to the initial placement of an individual with exceptional needs in special education instruction, an individual assessment of the pupil’s educational needs shall be conducted, by qualified persons, in accordance with requirements including, but not limited to, all of the following: (a) Testing and assessment materials and procedures used for the purposes of assessment and placement of individuals with exceptional needs are selected and administered so as not to be racially, culturally, or sexually discriminatory. Pursuant to Section 1412(a)(6)(B) of Title 20 of the United States Code, the materials and procedures shall be provided in the pupil’s native language or mode of communication, unless it is clearly not feasible to do so. (b) Tests and other assessment materials meet all of the following requirements: (1) Are provided and administered in the language and form most likely to yield accurate information on what the pupil knows and can do academically, developmentally, and functionally, unless it is not feasible to so provide or administer as required by Section 1414(b)(3)(A)(ii) of Title 20 of the United States Code. (2) Are used for purposes for which the assessments or measures are valid and reliable. (3) Are administered by trained and knowledgeable personnel and are administered in accordance with any instructions provided by the producer of the assessments, except that individually administered tests of intellectual or emotional functioning shall be administered by a credentialed school psychologist. (c) Tests and other assessment materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient. (d) Tests are selected and administered to best ensure that when a test administered to a pupil with impaired sensory, manual, or speaking skills produces test results that accurately reflect the pupil’s aptitude, achievement level, or any other factors the test purports to measure and not the pupil’s impaired sensory, manual, or speaking skills unless those skills are the factors the test purports to measure. (e) Pursuant to Section 1414(b)(2)(B) of Title 20 of the United States Code, no single measure or assessment is used as the sole criterion for determining whether a pupil is an individual with exceptional needs or determining an appropriate educational program for the pupil. (f) The pupil is assessed in all areas related to the suspected disability including, if appropriate, health and development, vision, including low vision, hearing, motor abilities, language function, general intelligence, academic performance, communicative status, self-help, orientation and mobility skills, career and vocational abilities and interests, and social and emotional status. A developmental history shall be obtained, when appropriate. For pupils with residual vision, a low vision assessment shall be provided in accordance with guidelines established pursuant to Section 56136. In assessing each pupil under this article, the assessment shall be conducted in accordance with Sections 300.304 and 300.305 of Title 34 of the Code of Federal Regulations. (g) The assessment of a pupil, including the assessment of a pupil with a suspected low incidence disability, shall be conducted by persons knowledgeable of that disability. Special attention shall be given to the unique educational needs, including, but not limited to, skills and the need for specialized services, materials, and equipment consistent with guidelines established pursuant to Section 56136. (h) As part of an initial assessment, if appropriate, and as part of any reassessment under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and this part, the group that includes members of the individualized education program team, and other qualified professionals, as appropriate, shall follow the procedures specified in Section 1414(c) of Title 20 of the United States Code. The group may conduct its review without a meeting. (i) Each local educational agency shall ensure that assessments of individuals with exceptional needs who transfer from one district to another district in the same academic year are coordinated with the individual’s prior and subsequent schools, as necessary and as expeditiously as possible, in accordance with Section 1414(b)(3)(D) of Title 20 of the United States Code, to ensure prompt completion of the full assessment. (Amended by Stats. 2007, Ch. 56, Sec. 38. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56320.1. Source version: id_d9cc6972-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. All identification, evaluation, and assessment procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425) and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. (Added by Stats. 1993, Ch. 1296, Sec. 14.4. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56321. Source version: id_6c6e6e28-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. (a) If an assessment for the development or revision of the individualized education program is to be conducted, the parent or guardian of the pupil shall be given, in writing, a proposed assessment plan within 15 days of the referral for assessment not counting days between the pupil’s regular school sessions or terms or days of school vacation in excess of five schooldays from the date of receipt of the referral, unless the parent or guardian agrees, in writing, to an extension. However, in any event, the assessment plan shall be developed within 10 days after the commencement of the subsequent regular school year or the pupil’s regular school term as determined by each district’s school calendar for each pupil for whom a referral has been made 10 days or less prior to the end of the regular school year. In the case of pupil school vacations, the 15-day time shall recommence on the date that the pupil’s regular schooldays reconvene. A copy of the notice of a parent’s or guardian’s rights shall be attached to the assessment plan. A written explanation of all the procedural safeguards under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and the rights and procedures contained in Chapter 5 (commencing with Section 56500), shall be included in the notice of a parent’s or guardian’s rights, including information on the procedures for requesting an informal meeting, prehearing mediation conference, mediation conference, or due process hearing; the timelines for completing each process; whether the process is optional; and the type of representative who may be invited to participate. (b) The proposed assessment plan given to parents or guardians shall meet all the following requirements: (1) Be in language easily understood by the general public. (2) Be provided in the native language of the parent or guardian or other mode of communication used by the parent or guardian, unless to do so is clearly not feasible. (3) Explain the types of assessments to be conducted. (4) State that no individualized education program will result from the assessment without the consent of the parent. (c) (1) The local educational agency proposing to conduct an initial assessment to determine if the child qualifies as an individual with exceptional needs shall make reasonable efforts to obtain informed consent from the parent of the child before conducting the assessment, in accordance with Section 1414(a)(1)(D) of Title 20 of the United States Code. (2) If the parent of the child does not provide consent for an initial assessment, or the parent fails to respond to a request to provide the consent, the local educational agency may, but is not required to, pursue the initial assessment utilizing the procedures described in Section 1415 of Title 20 of the United States Code and in accordance with paragraph (3) of subdivision (a) of Section 56501 and subdivision (e) of Section 56506. (3) In accordance with Section 300.300(a)(3)(ii) of Title 34 of the Code of Federal Regulations, the local educational agency does not violate its obligation under Section 300.111 and Sections 300.301 to 300.311, inclusive, of Title 34 of the Code of Federal Regulations if it declines to pursue the assessment. (4) The parent or guardian shall have at least 15 days from the receipt of the proposed assessment plan to arrive at a decision. The assessment may begin immediately upon receipt of the consent. (d) Consent for initial assessment shall not be construed as consent for initial placement or initial provision of special education and related services to an individual with exceptional needs, pursuant to Section 1414(a)(1)(D)(i)(I) of Title 20 of the United States Code. (e) In accordance with Section 300.300(d)(1) of Title 34 of the Code of Federal Regulations, parental consent is not required before reviewing existing data as part of an assessment or reassessment, or before administering a test or other assessment that is administered to all children, unless before administration of that test or assessment, consent is required of the parents of all the children. (f) Pursuant to Section 1414(a)(1)(E) of Title 20 of the United States Code, the screening of a pupil by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an assessment for eligibility for special education and related services. (g) In accordance with Section 300.300(d)(5) of Title 34 of the Code of Federal Regulations, to meet the reasonable efforts requirement in subdivision (c), the local educational agency shall document its attempts to obtain parental consent using the procedures in subdivision (h) of Section 56341.5. (Amended by Stats. 2007, Ch. 454, Sec. 15. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56321.1. Source version: id_e5db54c6-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. If the child is a ward of the state and is not residing with his or her parent, the agency shall, pursuant to clause (iii) of subparagraph (D) of paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code, make reasonable efforts to obtain the informed consent from the parent, as defined in Section 56028, of the child for an initial assessment to determine whether the child is an individual with exceptional needs. (Added by Stats. 2005, Ch. 653, Sec. 20. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56321.5. Source version: id_e820bb50-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. The copy of the notice of parent rights shall include the right to electronically record the proceedings of individualized education program team meetings as specified in subdivision (g) of Section 56341.1. (Amended by Stats. 2007, Ch. 56, Sec. 39. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56321.6. Source version: id_bc2a3384-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. The copy of the notice of parent rights shall include information regarding the state special schools for pupils who are deaf, hard of hearing, blind, visually impaired, or deaf-blind. (Added by Stats. 2008, Ch. 245, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56322. Source version: id_e870b012-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. The assessment shall be conducted by persons competent to perform the assessment, as determined by the local educational agency. (Amended by Stats. 2007, Ch. 56, Sec. 40. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56323. Source version: id_d9e066aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. Admission of a pupil to special education instruction shall be made only in accordance with this article, Article 2.5 (commencing with Section 56333) and standards established by the board and upon a recommendation by the individualized education program team. (Added by Stats. 1980, Ch. 797, Sec. 9. Effective July 28, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56324. Source version: id_d9e066ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. (a) Any psychological assessment of pupils shall be made in accordance with Section 56320 and shall be conducted by a credentialed school psychologist who is trained and prepared to assess cultural and ethnic factors appropriate to the pupil being assessed. (b) Any health assessment of pupils shall be made in accordance with Section 56320 and shall be conducted by a credentialed school nurse or physician who is trained and prepared to assess cultural and ethnic factors appropriate to the pupil being assessed. (Amended by Stats. 1980, Ch. 1353, Sec. 53. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56325. Source version: id_21e19400-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. (a) (1) As required by subclause (I) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from district to district within the state. In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district not operating programs under the same local plan in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, for a period not to exceed 30 days, by which time the local educational agency shall adopt the previously approved individualized education program or shall develop, adopt, and implement a new individualized education program that is consistent with federal and state law. (2) In the case of an individual with exceptional needs who has an individualized education program and transfers into a district from a district operating programs under the same special education local plan area of the district in which the individual with exceptional needs was last enrolled in a special education program within the same academic year, the new district shall continue, without delay, to provide services comparable to those described in the existing approved individualized education program, unless the parent and the local educational agency agree to develop, adopt, and implement a new individualized education program that is consistent with federal and state law. (3) (A) As required by subclause (II) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from an educational agency located outside the State of California to a district within California. In the case of an individual with exceptional needs who transfers from district to district within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, until the local educational agency conducts an assessment pursuant to paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code, if determined to be necessary by the local educational agency, and develops a new individualized education program, if appropriate, that is consistent with federal and state law. (B) (i) For purposes of subparagraph (A), a local educational agency shall, within 30 days of receipt of official or unofficial records, either adopt and implement the individualized education program previously adopted for the pupil or develop, adopt, and implement a new individualized education program for the pupil that is consistent with federal and state law, if applicable. (ii) For purposes of clause (i), “unofficial records” has the same meaning as described in subdivision (A) of Article IV of the Interstate Compact on Educational Opportunity for Military Children, as specified in Section 49701. (b) (1) To facilitate the transition for an individual with exceptional needs described in subdivision (a), the new school in which the individual with exceptional needs enrolls shall take reasonable steps to promptly obtain the pupil’s records, including the individualized education program and supporting documents and any other records relating to the provision of special education and related services to the pupil, from the previous school in which the pupil was enrolled, pursuant to paragraph (2) of subsection (a) of Section 99.31 of Title 34 of the Code of Federal Regulations and consistent with the Interstate Compact on Educational Opportunity for Military Children, as specified in subdivision (A) of Article I, subdivision (E) of Article II, and subdivisions (B) and (C) of Article V of Section 49701, as applicable. (2) The previous school in which the individual with exceptional needs was enrolled shall take reasonable steps to promptly respond to the request from the new school. (3) The new school in which the individual with exceptional needs enrolls shall accept unofficial records provided by the pupil’s parent or guardian pending validation by the official records, consistent with the requirements of the Interstate Compact on Educational Opportunity for Military Children, as specified in subdivision (A) of Article I, subdivision (E) of Article II, and subdivisions (B) and (C) of Article V of Section 49701, as applicable. (c) If whenever a pupil described in subdivision (a) was placed and residing in a residential nonpublic, nonsectarian school, prior to transferring to a district in another special education local plan area, and this placement is not eligible for funding pursuant to Section 56836.165, the special education local plan area that contains the district that made the residential nonpublic, nonsectarian school placement is responsible for the funding of the placement, including related services, for the remainder of the school year. An extended year session is included in the school year in which the session ends. (Amended by Stats. 2025, Ch. 453, Sec. 2. (AB 1412) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56326. Source version: id_d9e066b0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. A pupil may be referred, as appropriate, for further assessment and recommendations to the California Schools for the Deaf or Blind or the Diagnostic Centers. (Amended by Stats. 1992, Ch. 759, Sec. 30. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56326.5. Source version: id_c521d70d-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. (a) The department’s Deaf and Hard of Hearing unit and the California School for the Deaf shall jointly select language developmental milestones from existing standardized norms, pursuant to the process specified in subdivision (d), for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. This parent resource shall: (1) Include the language developmental milestones selected pursuant to the process specified in subdivision (d). (2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use both or one of the languages of American Sign Language (ASL) and English. For purposes of this section, “English” includes spoken English, written English, or English with the use of visual supplements. (3) Present the developmental milestones in terms of typical development of all children, by age range. (4) Be written for clarity and ease of use by parents. (5) Be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and state standards in English language arts. (6) Make clear that the parent resource is not a formal assessment of language and literacy development, and that a parent’s observations of their children may differ from formal assessment data presented at an individualized family service plan (IFSP) or individualized education program (IEP) meeting. (7) Make clear that a parent may bring the parent resource to an IFSP or IEP meeting for purposes of sharing their observations about their child’s development. (b) The department shall also select existing tools or assessments for educators that can be used to assess the language and literacy development of deaf and hard-of-hearing children. These educator tools or assessments: (1) Shall be in a format that shows stages of language development. (2) Shall be selected for use by educators to track the development of deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy. (3) Shall be selected from existing instruments or assessments used to assess the development of all children from birth to five years of age, inclusive. (4) Shall be appropriate, in both content and administration, for use with deaf and hard-of-hearing children. (5) May be used, in addition to the assessment required by federal law, by the child’s IFSP or IEP team, as applicable, to track deaf and hard-of-hearing children’s progress, and to establish or modify IFSP or IEP plans. (6) May reflect the recommendations of the advisory committee established pursuant to subdivision (e). (c) (1) The department shall disseminate the parent resource developed pursuant to subdivision (a) to parents and guardians of deaf and hard-of-hearing children, and, pursuant to federal law, shall disseminate the educator tools and assessments selected pursuant to subdivision (b) to local educational agencies for use in the development and modification of IFSP and IEP plans, and shall provide materials and training on its use, to assist deaf and hard-of-hearing children in becoming linguistically ready for kindergarten using both or one of the languages of ASL and English. (2) If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills, as measured by one of the educator tools or assessments selected pursuant to subdivision (b), or by the existing instrument used to assess the development of children with disabilities pursuant to federal law, the child’s IFSP or IEP team, as applicable, shall, as part of the process required by federal law, explain in detail the reasons why the child is not meeting the language developmental milestones or progressing towards them, and shall recommend specific strategies, services, and programs that shall be provided to assist the child’s success toward English literacy. (d) (1) On or before March 1, 2017, the department shall provide the advisory committee established pursuant to subdivision (e) with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the parent resource developed pursuant to subdivision (a). These language developmental milestones shall be aligned to the department’s existing infant, toddler, and preschool guidelines, the existing instrument used to assess the development of children with disabilities pursuant to federal law, and the state standards in English language arts. (2) On or before June 1, 2017, the advisory committee shall recommend language developmental milestones for selection pursuant to subdivision (a). (3) On or before June 30, 2017, the department shall inform the advisory committee of which language developmental milestones were selected. (e) (1) The Superintendent shall establish an ad hoc advisory committee for purposes of soliciting input from experts on the selection of language developmental milestones for children who are deaf or hard of hearing that are equivalent to those for children who are not deaf or hard of hearing, for inclusion in the parent resource developed pursuant to subdivision (a). The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments selected pursuant to subdivision (b). (2) The advisory committee shall consist of 13 volunteers, the majority of whom shall be deaf or hard of hearing, and all of whom shall be within the field of education for the deaf and hard of hearing. The advisory committee shall include all of the following: (A) One parent of a child who is deaf or hard of hearing who uses the dual languages of ASL and English. (B) One parent of a child who is deaf or hard of hearing who uses only spoken English, with or without visual supplements. (C) One credentialed teacher of deaf and hard-of-hearing pupils who use the dual languages of ASL and English. (D) One credentialed teacher of deaf and hard-of-hearing pupils from a state certified nonpublic, nonsectarian school. (E) One expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English. (F) One expert who researches language outcomes for deaf and hard-of-hearing children using spoken English, with or without visual supplements. (G) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in ASL and English. (H) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in curriculum and instruction in spoken English, with or without visual supplements. (I) One advocate for the teaching and use of the dual languages of ASL and English. (J) One advocate for the teaching and use of spoken English, with or without visual supplements. (K) One early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using the dual languages of ASL and English. (L) One credentialed teacher of deaf and hard-of-hearing pupils whose expertise is in ASL and English language assessment. (M) One speech pathologist from spoken English, with or without the use of visual supplements. (f) The advisory committee established pursuant to subdivision (e) may also advise the department or its contractor on the content and administration of the existing instrument used to assess the development of children with disabilities pursuant to federal law, as used to assess deaf and hard-of-hearing children’s language and literacy development to ensure the appropriate use of that instrument with those children, and may make recommendations regarding future research to improve the measurement of progress of deaf and hard-of-hearing children in language and literacy. (g) Commencing on or before July 31, 2017, and on or before each July 31 thereafter, the department shall annually produce a report, using existing data reported in compliance with the federally required state performance plan on pupils with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive, including those who are deaf or hard of hearing and have other disabilities, relative to their peers who are not deaf or hard of hearing. The department shall make this report available on its Internet Web site. (h) All activities of the department in implementing this section shall be consistent with federal law regarding the education of children with disabilities and federal law regarding the privacy of pupil information. (i) For the purpose of this section, the term “language developmental milestones” means milestones of development aligned with the existing state instrument used to meet the requirements of federal law for the assessment of children from birth to five years of age, inclusive. (j) This section shall apply only to children from birth to five years of age, inclusive. (k) Implementation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute. (Added by Stats. 2015, Ch. 652, Sec. 1. (SB 210) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56327. Source version: id_d9e066b2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. The personnel who assess the pupil shall prepare a written report, or reports, as appropriate, of the results of each assessment. The report shall include, but not be limited to, all the following: (a) Whether the pupil may need special education and related services. (b) The basis for making the determination. (c) The relevant behavior noted during the observation of the pupil in an appropriate setting. (d) The relationship of that behavior to the pupil’s academic and social functioning. (e) The educationally relevant health and development, and medical findings, if any. (f) For pupils with learning disabilities, whether there is such a discrepancy between achievement and ability that it cannot be corrected without special education and related services. (g) A determination concerning the effects of environmental, cultural, or economic disadvantage, where appropriate. (h) The need for specialized services, materials, and equipment for pupils with low incidence disabilities, consistent with guidelines established pursuant to Section 56136. (Amended by Stats. 1982, Ch. 1334, Sec. 4.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56328. Source version: id_bcbf2086-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. Notwithstanding the provisions of this chapter, a special education local plan area may utilize a schoolsite level and a regional level service, as provided for under Section 56336.2 as it read prior to July 28, 1980, to provide the services required by this chapter. (Amended by Stats. 2008, Ch. 179, Sec. 58. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56329. Source version: id_6cc085ca-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. As part of the assessment plan given to parents or guardians pursuant to Section 56321, the parent or guardian of the pupil shall be provided with a written notice that shall include all of the following information: (a) (1) Upon completion of the administration of tests and other assessment materials, an individualized education program team meeting, including the parent or guardian and his or her representatives, shall be scheduled, pursuant to Section 56341, to determine whether the pupil is an individual with exceptional needs as defined in Section 56026, and to discuss the assessment, the educational recommendations, and the reasons for these recommendations. (2) In making a determination of eligibility under paragraph (1), a pupil shall not, pursuant to Section 1414(b)(5) of Title 20 of the United States Code, and Section 300.306(b) of Title 34 of the Code of Federal Regulations, be determined to be an individual with exceptional needs if the determinant factor for the determination is one of the following in subparagraphs (A) to (C), inclusive, plus subparagraph (D): (A) Lack of appropriate instruction in reading, including the essential components of reading instruction as defined in Section 6368(3) of Title 20 of the United States Code. (B) Lack of appropriate instruction in mathematics. (C) Limited-English proficiency. (D) If the pupil does not otherwise meet the eligibility criteria under Section 300.8(a) of Title 34 of the Code of Federal Regulations. (3) A copy of the assessment report and the documentation of determination of eligibility shall be given to the parent or guardian. (b) A parent or guardian has the right to obtain, at public expense, an independent educational assessment of the pupil from qualified specialists, as defined by regulations of the board, if the parent or guardian disagrees with an assessment obtained by the public education agency, in accordance with Section 300.502 of Title 34 of the Code of Federal Regulations. A parent or guardian is entitled to only one independent educational assessment at public expense each time the public education agency conducts an assessment with which the parent or guardian disagrees. If a public education agency observed the pupil in conducting its assessment, or if its assessment procedures make it permissible to have in-class observation of a pupil, an equivalent opportunity shall apply to an independent educational assessment of the pupil in the pupil’s current educational placement and setting, and observation of an educational placement and setting, if any, proposed by the public education agency, regardless of whether the independent educational assessment is initiated before or after the filing of a due process hearing proceeding. (c) The public education agency may initiate a due process hearing pursuant to Chapter 5 (commencing with Section 56500) to show that its assessment is appropriate. If the final decision resulting from the due process hearing is that the assessment is appropriate, the parent or guardian maintains the right for an independent educational assessment, but not at public expense. If the parent or guardian obtains an independent educational assessment at private expense, the results of the assessment shall be considered by the public education agency with respect to the provision of free appropriate public education to the child, and may be presented as evidence at a due process hearing pursuant to Chapter 5 (commencing with Section 56500) regarding the child. If a public education agency observed the pupil in conducting its assessment, or if its assessment procedures make it permissible to have in-class observation of a pupil, an equivalent opportunity shall apply to an independent educational assessment of the pupil in the pupil’s current educational placement and setting, and observation of an educational placement and setting, if any, proposed by the public education agency, regardless of whether the independent educational assessment is initiated before or after the filing of a due process hearing proceeding. (d) If a parent or guardian proposes a publicly financed placement of the pupil in a nonpublic school, the public education agency shall have an opportunity to observe the proposed placement and the pupil in the proposed placement, if the pupil has already been unilaterally placed in the nonpublic school by the parent or guardian. An observation conducted pursuant to this subdivision shall only be of the pupil who is the subject of the observation and shall not include the observation or assessment of any other pupil in the proposed placement. The observation or assessment by a public education agency of a pupil other than the pupil who is the subject of the observation pursuant to this subdivision may be conducted, if at all, only with the consent of the parent or guardian pursuant to this article. The results of an observation or assessment of any other pupil in violation of this subdivision shall be inadmissible in a due process or judicial proceeding regarding the free appropriate public education of that other pupil. (Amended by Stats. 2007, Ch. 454, Sec. 16. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2. Assessment [56320 - 56330] SECTION 56330. Source version: id_e9c2d296-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2. A local educational agency shall follow the procedures in Section 300.306(c) of Title 34 of the Code of Federal Regulations when interpreting assessment data for the purpose of determining if a child is an individual with exceptional needs under Section 56026. (Amended by Stats. 2007, Ch. 56, Sec. 42. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2.4. Eligibility Criteria for Special Education and Related Services on the Basis of Other Health Impairment [56332- 56332.] SECTION 56332. Source version: id_11b00278-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2.4. The State Board of Education shall include “fetal alcohol spectrum disorder” in the definition of “other health impairment” in Section 3030 of Title 5 of the California Code of Regulations. (Added by Stats. 2022, Ch. 611, Sec. 1. (SB 1016) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] SECTION 56333. Source version: id_8f298f69-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2.5. A pupil shall be assessed as having a language or speech disorder that makes the pupil eligible for special education and related services when the pupil demonstrates difficulty understanding or using language to such an extent that it adversely affects the pupil’s educational performance and cannot be corrected without special education and related services. In order to be eligible for special education and related services, difficulty in understanding or using language shall be assessed by a speech-language pathologist who determines that such difficulty results from any of the following disorders: (a) Speech sound disorder, characterized by deficits in the pupil’s production of speech sounds that significantly interferes with communication and attracts adverse attention. (b) Voice disorder, characterized by persistent, deficits in voice quality, pitch, intensity, or resonance. A medical examination shall be conducted, where appropriate. (c) Fluency disorder, characterized by persistent deficits in the flow of verbal expression to such a degree that these difficulties adversely affect communication between the pupil and listener. (d) Language disorder, characterized by inappropriate or inadequate acquisition, comprehension, or expression of language such that the pupil’s language performance level is found to be significantly below the language performance level of the pupil’s peers. (e) Hearing impairment or deafness that contributes to or results in a language or speech disorder and significantly affects educational performance. (Amended by Stats. 2021, Ch. 666, Sec. 99. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] SECTION 56334. Source version: id_cab4fe9f-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2.5. The state board shall include “phonological processing” in the description of basic psychological processes in Section 3030 of Title 5 of the California Code of Regulations. (Added by Stats. 2015, Ch. 647, Sec. 1. (AB 1369) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] SECTION 56335. Source version: id_d0135a91-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2.5. (a) The Superintendent shall develop program guidelines for dyslexia to be used to assist regular education teachers, special education teachers, and parents to identify and assess pupils with dyslexia, and to plan, provide, evaluate, and improve educational services to pupils with dyslexia. For purposes of this section, “educational services” means an evidence-based, multisensory, direct, explicit, structured, and sequential approach to instructing pupils who have dyslexia. (b) The program guidelines shall include, but shall not be limited to, characteristics typical of pupils with dyslexia and strategies for their remediation, as well as information to assist educators in distinguishing between characteristics of dyslexia and characteristics of normal growth and development. (c) In developing program guidelines pursuant to subdivision (a), the Superintendent shall consult with teachers, school administrators, other educational professionals, medical professionals, parents, and other professionals involved in the identification and education of pupils with dyslexia. (d) The Superintendent shall complete the program guidelines in time for use no later than the beginning of the 2017–18 academic year. (e) The Superintendent shall disseminate the program guidelines through the department’s Internet Web site and provide technical assistance regarding their use and implementation to parents, teachers, school administrators, and faculty members in teacher training programs of institutions of higher education. (Added by Stats. 2015, Ch. 647, Sec. 2. (AB 1369) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] SECTION 56337. Source version: id_751e80a9-3185-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2.5. (a) A specific learning disability, as defined in Section 1401(30) of Title 20 of the United States Code, means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or perform mathematical calculations. The term “specific learning disability” includes conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. That term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of intellectual disabilities, of emotional disturbance, or of environmental, cultural, or economic disadvantage. (b) Notwithstanding any other law and pursuant to Section 1414(b)(6) of Title 20 of the United States Code, in determining whether a pupil has a specific learning disability as defined in subdivision (a), a local educational agency is not required to take into consideration whether a pupil has a severe discrepancy between achievement and intellectual ability in oral expression, listening comprehension, written expression, basic reading skill, reading comprehension, mathematical calculation, or mathematical reasoning. (c) In determining whether a pupil has a specific learning disability, a local educational agency may use a process that determines if the pupil responds to scientific, research-based intervention as a part of the assessment procedures described in Section 1414(b)(2) and (3) of Title 20 of the United States Code and covered in Sections 300.307 to 300.311, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2011, Ch. 347, Sec. 34. (SB 942) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] SECTION 56337.5. Source version: id_d89b433a-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2.5. (a) A pupil who is assessed as being dyslexic and meets eligibility criteria specified in Section 56337 and paragraph (10) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) category of specific learning disabilities is entitled to special education and related services. (b) If a pupil who exhibits the characteristics of dyslexia or another related reading dysfunction is not found to be eligible for special education and related services pursuant to subdivision (a), the pupil’s instructional program shall be provided in the regular education program. (c) It is the intent of the Legislature that the program guidelines developed pursuant to Section 2 of Chapter 1501 of the Statutes of 1990, for specific learning disabilities, including dyslexia and other related disorders, be available for use by teachers and parents in order for them to have knowledge of the strategies that can be utilized with pupils for the remediation of the various types of specific learning disabilities. (Amended by Stats. 2016, Ch. 186, Sec. 54. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2.5. Eligibility Criteria for Special Education and Related Services on the Basis of Language and Speech Disorder or Specific Learning Disabilities [56333 - 56338] SECTION 56338. Source version: id_d9ec9bc4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2.5. As used in Section 56337, “specific learning disability” includes, but is not limited to, disability within the function of vision which results in visual perceptual or visual motor dysfunction. (Added by Stats. 1980, Ch. 1353, Sec. 57. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 2.6. Attention Deficit and Hyperactivity Disorders [56339- 56339.] SECTION 56339. Source version: id_e282348c-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=2.6. (a) A pupil whose educational performance is adversely affected by a suspected or diagnosed attention deficit disorder or attention deficit hyperactivity disorder and demonstrates a need for special education and related services by meeting eligibility criteria specified in paragraph (4) or (9) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations or Section 56337 and paragraph (10) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations for the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) categories of “emotional disturbance,” “other health impairments,” or “specific learning disabilities,” is entitled to special education and related services. (b) If a pupil with an attention deficit disorder or attention deficit hyperactivity disorder is not found to be eligible for special education and related services pursuant to subdivision (a), the pupil’s instructional program shall be provided in the regular education program. (c) It is the intent of the Legislature that local educational agencies promote coordination between special education and regular education programs to ensure that all pupils, including those with attention deficit disorders or attention deficit hyperactivity disorders, receive appropriate instructional interventions. (d) It is further the intent of the Legislature that regular education teachers and other personnel be trained to develop an awareness about attention deficit disorders and attention deficit hyperactivity disorders and the manifestations of those disorders, and the adaptations that can be implemented in regular education programs to address the instructional needs of pupils having these disorders. (Amended by Stats. 2016, Ch. 186, Sec. 55. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56340. Source version: id_eab9679c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. A local educational agency shall initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with Section 300.323(c) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 44. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56340.1. Source version: id_d9ee226e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. All instructional planning procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425) and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. (Added by Stats. 1993, Ch. 1296, Sec. 14.5. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56341. Source version: id_6d15839c-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) Each meeting to develop, review, or revise the individualized education program of an individual with exceptional needs shall be conducted by an individualized education program team. (b) The individualized education program team shall include all of the following: (1) One or both of the pupil’s parents, a representative selected by a parent, or both, in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (2) Not less than one regular education teacher of the pupil, if the pupil is, or may be, participating in the regular education environment. If more than one regular education teacher is providing instructional services to the individual with exceptional needs, one regular education teacher may be designated by the local educational agency to represent the others. The regular education teacher of an individual with exceptional needs, to the extent appropriate, shall participate in the development, review, and revision of the pupil’s individualized education program, including assisting in the determination of appropriate positive behavioral interventions and supports, and other strategies for the pupil, and the determination of supplementary aids and services, program modifications, and supports for school personnel that will be provided for the pupil, consistent with Section 1414(d)(1)(A)(i)(IV) of Title 20 of the United States Code. (3) Not less than one special education teacher of the pupil, or if appropriate, not less than one special education provider of the pupil. (4) A representative of the local educational agency who meets all of the following: (A) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of individuals with exceptional needs. (B) Is knowledgeable about the general education curriculum. (C) Is knowledgeable about the availability of resources of the local educational agency. (5) An individual who can interpret the instructional implications of the assessment results. The individual may be a member of the team described in paragraphs (2) to (6), inclusive. (6) At the discretion of the parent, guardian, or the local educational agency, other individuals who have knowledge or special expertise regarding the pupil, including related services personnel, as appropriate. The determination of whether the individual has knowledge or special expertise regarding the pupil shall be made by the party who invites the individual to be a member of the individualized education program team. (7) Whenever appropriate, the individual with exceptional needs. (c) In accordance with Sections 300.308 and 300.310 of Title 34 of the Code of Federal Regulations, for a pupil suspected of having a specific learning disability, at least one member of the individualized education program team shall be qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher. In accordance with Section 300.310 of Title 34 of the Code of Federal Regulations, at least one team member shall observe the pupil’s academic performance and behavior in the areas of difficulty in the pupil’s learning environment, including in the regular classroom setting. In the case of a child who is less than schoolage or out of school, a team member shall observe the child in an environment appropriate for a child of that age. (d) (1) The local educational agency shall invite an individual with exceptional needs to attend his or her individualized education program meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the individual and the needed transition services for the individual to assist the individual in reaching those goals under subparagraphs (A) and (B) of paragraph (8) of subdivision (a) of Section 56345. (2) If the individual with exceptional needs does not attend the individualized education program meeting, the local educational agency shall take steps to ensure that the individual’s preferences and interests are considered. (3) To the extent appropriate, with the consent of the parents or an individual with exceptional needs who has reached the age of majority, in implementing the requirements of paragraph (1), the local educational agency shall invite a representative of a participating agency that is likely to be responsible for providing or paying for transition services. (e) A local educational agency may designate another local educational agency member of the individualized education program team to serve also as the representative required pursuant to paragraph (4) of subdivision (b) if the requirements of subparagraphs (A), (B), and (C) of paragraph (4) of subdivision (b) are met. (f) A member of the individualized education program team described in paragraphs (2) to (5), inclusive, of subdivision (b) shall not be required to attend an individualized education program meeting, in whole or in part, if the parent of the individual with exceptional needs and the local educational agency agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting. (g) A member of the individualized education program team described in subdivision (f) may be excused from attending an individualized education program meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if both of the following occur: (1) The parent, in writing, and the local educational agency consent to the excusal after conferring with the member. (2) The member submits, in writing, to the parent and the individualized education program team input into the development of the individualized education program prior to the meeting. (h) A parent’s agreement under subdivision (f) and consent under subdivision (g) shall be in writing. (i) In the case of a child who was previously served under Chapter 4.4 (commencing with Section 56425), Early Education for Individuals with Exceptional Needs, or the California Early Intervention Services Act under Title 14 (commencing with Section 95000) of the Government Code, an invitation to the initial individualized education program team meeting shall, at the request of the parent, be sent to the infants and toddlers with disabilities service coordinator, as described in Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or other representatives of the early education or early intervention system to assist with the smooth transition of services. (Amended by Stats. 2007, Ch. 454, Sec. 17. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56341.1. Source version: id_964315f3-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) When developing each pupil’s individualized education program, the individualized education program team shall consider the following: (1) The strengths of the pupil. (2) The concerns of the parents or guardians for enhancing the education of the pupil. (3) The results of the initial assessment or most recent assessment of the pupil. (4) The academic, developmental, and functional needs of the child. (b) The individualized education program team shall do the following: (1) In the case of a pupil whose behavior impedes his or her learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior. (2) In the case of a pupil with limited English proficiency, consider the language needs of the pupil as those needs relate to the pupil’s individualized education program. (3) In the case of a pupil who is blind or visually impaired, provide for instruction in braille, and the use of braille, unless the individualized education program team determines, after an assessment of the pupil’s reading and writing skills, needs, and appropriate reading and writing media, including an assessment of the pupil’s future needs for instruction in braille or the use of braille, that instruction in braille or the use of braille is not appropriate for the pupil. (4) Consider the communication needs of the pupil, and in the case of a pupil who is deaf or hard of hearing, consider the pupil’s language and communication needs, opportunities for direct communications with peers and professional personnel in the pupil’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the pupil’s language and communication mode. (5) Consider whether the pupil requires assistive technology devices and services as defined in Section 1401(1) and (2) of Title 20 of the United States Code. (c) If, in considering the special factors described in subdivisions (a) and (b), the individualized education program team determines that a pupil needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the pupil to receive a free appropriate public education, the individualized education program team shall include a statement to that effect in the pupil’s individualized education program. (d) The individualized education program team shall review the pupil’s individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved, and revise the individualized education program, as appropriate, to address, among other matters, the following: (1) A lack of expected progress toward the annual goals and in the general education curriculum, where appropriate. (2) The results of any reassessment conducted pursuant to Section 56381. (3) Information about the pupil provided to, or by, the parents or guardians, as described in subdivision (b) of Section 56381. (4) The pupil’s anticipated needs. (5) Any other relevant matter. (e) A regular education teacher of the pupil, who is a member of the individualized education program team, shall participate, consistent with Section 1414(d)(1)(C) of Title 20 of the United States Code, in the review and revision of the individualized education program of the pupil. (f) The parent or guardian shall have the right to present information to the individualized education program team in person or through a representative and the right to participate in meetings, relating to eligibility for special education and related services, recommendations, and program planning. (g) (1) Notwithstanding Section 632 of the Penal Code, the parent or guardian or local educational agency shall have the right to audio record the proceedings of individualized education program team meetings. The parent or guardian or local educational agency shall notify the members of the individualized education program team of his, her, or its intent to audio record a meeting at least 24 hours prior to the meeting. If the local educational agency initiates the notice of intent to audio record a meeting and the parent or guardian objects or refuses to attend the meeting because it will be audio recorded, the meeting shall not be audio recorded. (2) The Legislature hereby finds as follows: (A) Under federal law, audio recordings made by a local educational agency are subject to the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and are subject to the confidentiality requirements of the regulations under Sections 300.610 to 300.626, inclusive, of Title 34 of the Code of Federal Regulations. (B) Parents or guardians have the right, pursuant to Sections 99.10 to 99.22, inclusive, of Title 34 of the Code of Federal Regulations, to do all of the following: (i) Inspect and review the audio recordings. (ii) Request that the audio recordings be amended if the parent or guardian believes that they contain information that is inaccurate, misleading, or in violation of the rights of privacy or other rights of the individual with exceptional needs. (iii) Challenge, in a hearing, information that the parent or guardian believes is inaccurate, misleading, or in violation of the individual’s rights of privacy or other rights. (h) It is the intent of the Legislature that the individualized education program team meetings be nonadversarial and convened solely for the purpose of making educational decisions for the good of the individual with exceptional needs. (Amended by Stats. 2009, Ch. 88, Sec. 28. (AB 176) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56341.2. Source version: id_d9f8d0d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) In the case of a pupil with exceptional needs who has been placed in a group home, as defined in subdivision (g) of Section 80001 of Title 22 of the California Code of Regulations, by the juvenile court pursuant to Section 300, 601, or 602 of the Welfare and Institutions Code, the district, special education local plan area, or county office shall invite to the individualized education program team meetings a representative of the group home. (b) This section shall not be construed to delay the individualized education program process or to change the individualized education program team requirements of subdivision (b) of Section 56341. (Added by Stats. 2003, Ch. 413, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56341.5. Source version: id_51782e44-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) A local educational agency convening a meeting of the individualized education program team shall take steps to ensure that no less than one of the parents or guardians of the individual with exceptional needs is present at each individualized education program meeting or are afforded the opportunity to participate. (b) A parent or guardian shall be notified of the individualized education program meeting early enough to ensure an opportunity to attend. (c) The individualized education program meeting shall be scheduled at a mutually agreed-upon time and place. The notice of the meeting under subdivision (b) shall indicate the purpose, time, and location of the meeting and who shall be in attendance. A parent or guardian also shall be informed in the notice of the right, pursuant to Section 300.322(b)(1)(ii) of Title 34 of the Code of Federal Regulations, to bring other people to the meeting who have knowledge or special expertise regarding the individual with exceptional needs, and shall be informed of subdivision (i) of Section 56341 relating to the participation of the infants and toddlers with disabilities service coordinator under Subchapter III (commencing with Section 1431) of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) at the initial individualized education program team meeting for a child previously served under the Subchapter III program. (d) As part of the participation of an individual with exceptional needs in the development of an individualized education program, as required by federal law, the individual with exceptional needs shall be allowed to provide confidential input to any representative of the individualized education program team. (e) Pursuant to Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code and Section 56345.1, if determined appropriate by the pupil’s individualized education program team, beginning when the pupil starts their high school experience or not later than the first individualized education program to be in effect when the pupil is 16 years of age or younger, as appropriate, the meeting notice also shall indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the individual, and the meeting notice shall indicate that the individual with exceptional needs is invited to attend. If the pupil does not attend the individualized education program meeting, the local educational agency shall take steps to ensure that the preferences and interests of the pupil are considered in accordance with Section 300.321(b)(2) of Title 34 of the Code of Federal Regulations. (f) The local educational agency, to the extent appropriate, with the consent of the parents or the individual with exceptional needs who has reached the age of majority, and in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations, shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. (g) Pursuant to Section 300.322(c) of Title 34 of the Code of Federal Regulations, if no parent or guardian can attend the meeting, the local educational agency shall use other methods to ensure parent or guardian participation, including individual or conference telephone calls, and consistent with Section 300.328 of Title 34 of the Code of Federal Regulations, the parent or guardian and the local educational agency may agree to use alternative means of meeting participation. (h) A meeting may be conducted without a parent or guardian in attendance if the local educational agency is unable to convince the parent or guardian that the parent or guardian should attend. In this event, the local educational agency shall maintain a record of its attempts to arrange a mutually agreed-upon time and place, such as: (1) Detailed records of telephone calls made or attempted and the results of those calls. (2) Copies of correspondence sent to the parent or guardian and any responses received. (3) Detailed records of visits made to the home or place of employment of the parent or guardian and the results of those visits. (i) The local educational agency shall take any action necessary to ensure that the parent or guardian understands the proceedings at a meeting, including arranging for an interpreter for parents or guardians with deafness or whose native language is a language other than English. (j) The local educational agency shall give the parent or guardian a copy of the individualized education program, at no cost to the parent or guardian. (k) This section shall become operative on July 1, 2025. (Repealed (in Sec. 3) and added by Stats. 2024, Ch. 901, Sec. 4. (AB 438) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56342. Source version: id_eb60a420-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) The individualized education program team shall review the assessment results, determine eligibility, determine the content of the individualized education program, consider local transportation policies and criteria developed pursuant to paragraph (5) of subdivision (b) of Section 56195.8, and make program placement recommendations. (b) In determining the program placement of an individual with exceptional needs, a local educational agency shall ensure that the placement decisions and the child’s placement are made in accordance with Sections 300.114 to 300.118, inclusive, of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 46. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56342.1. Source version: id_e7f747f0-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. Before a local educational agency places an individual with exceptional needs in, or refers an individual to, a nonpublic, nonsectarian school, the district, special education local plan area, or county office of education shall initiate and conduct a meeting to develop an individualized education program in accordance with Sections 56341.1 and 56345 and in accordance with Section 300.325(a) of Title 34 of the Code of Federal Regulations. An individual with exceptional needs shall not be referred to, or placed in, a nonpublic, nonsectarian school unless his or her individualized education program specifies that the placement is appropriate. (Amended by Stats. 2012, Ch. 571, Sec. 4. (SB 121) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56342.5. Source version: id_ec00dbc4-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. A local educational agency shall ensure that the parent of each individual with exceptional needs is a member of any group that makes decisions on the educational placement of the individual with exceptional needs. (Amended by Stats. 2007, Ch. 56, Sec. 48. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56343. Source version: id_d9fa577e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. An individualized education program team shall meet whenever any of the following occurs: (a) A pupil has received an initial formal assessment. The team may meet when a pupil receives any subsequent formal assessment. (b) The pupil demonstrates a lack of anticipated progress. (c) The parent or teacher requests a meeting to develop, review, or revise the individualized education program. (d) At least annually, to review the pupil’s progress, the individualized education program, including whether the annual goals for the pupil are being achieved, and the appropriateness of placement, and to make any necessary revisions. The individualized education program team conducting the annual review shall consist of those persons specified in subdivision (b) of Section 56341. Other individuals may participate in the annual review if they possess expertise or knowledge essential for the review. (Amended by Stats. 1998, Ch. 691, Sec. 30. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56343.5. Source version: id_ec584a96-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. A meeting of an individualized education program team requested by a parent to review an individualized education program pursuant to subdivision (c) of Section 56343 shall be held within 30 days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s written request. If a parent makes an oral request, the local educational agency shall notify the parent of the need for a written request and the procedure for filing a written request. (Amended by Stats. 2007, Ch. 56, Sec. 49. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56344. Source version: id_6dbac450-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 days, not counting days between the pupil’s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent’s written consent for assessment, unless the parent agrees, in writing, to an extension. However, an individualized education program required as a result of an assessment of a pupil shall be developed within 30 days after the commencement of the subsequent regular school year as determined by each local educational agency’s school calendar for each pupil for whom a referral has been made 30 days or less prior to the end of the regular school year. In the case of pupil school vacations, the 60-day time shall recommence on the date that pupil schooldays reconvene. A meeting to develop an initial individualized education program for the pupil shall be conducted within 30 days of a determination that the pupil needs special education and related services pursuant to Section 300.323(c)(1) of Title 34 of the Code of Federal Regulations. (b) Pursuant to Section 300.323(c)(2) of Title 34 of the Code of Federal Regulations, as soon as possible following development of the individualized education program, special education and related services shall be made available to the individual with exceptional needs in accordance with the individual’s individualized education program. (c) Each local educational agency shall have an individualized education program in effect for each individual with exceptional needs within its jurisdiction at the beginning of each school year in accordance with subdivision (a) and pursuant to Section 300.323(a) and (b) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 19. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56345. Source version: id_56df63d6-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) The individualized education program is a written statement for each individual with exceptional needs that is developed, reviewed, and revised in accordance with this section, as required by Section 1414(d) of Title 20 of the United States Code, and that includes all of the following: (1) A statement of the individual’s present levels of academic achievement and functional performance, including all of the following: (A) The manner in which the disability of the individual affects their involvement and progress in the general education curriculum. (B) For preschool children, as appropriate, the manner in which the disability affects their participation in appropriate activities. (C) For individuals with exceptional needs who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives. (2) A statement of measurable annual goals, including academic and functional goals, designed to do both of the following: (A) Meet the needs of the individual that result from the disability of the individual to enable the pupil to be involved in and make progress in the general education curriculum. (B) Meet each of the other educational needs of the pupil that result from the disability of the individual. (3) A description of the manner in which the progress of the pupil toward meeting the annual goals described in paragraph (2) will be measured and when periodic reports on the progress the pupil is making toward meeting the annual goals, such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards, will be provided. (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the pupil, or on behalf of the pupil, and a statement of the program modifications or supports for school personnel that will be provided to enable the pupil to do all of the following: (A) To advance appropriately toward attaining the annual goals. (B) To be involved in and make progress in the general education curriculum in accordance with paragraph (1) and to participate in extracurricular and other nonacademic activities. (C) To be educated and participate with other individuals with exceptional needs and nondisabled pupils in the activities described in this subdivision. (5) An explanation of the extent, if any, to which the pupil will not participate with nondisabled pupils in the regular class and in the activities described in subparagraph (C) of paragraph (4). (6) (A) A statement of individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the pupil on state and districtwide assessments consistent with Section 1412(a)(16)(A) of Title 20 of the United States Code. (B) If the individualized education program team determines that the pupil shall take an alternate assessment instead of a particular state or districtwide assessment of pupil achievement, a statement of both of the following: (i) The reason why the pupil cannot participate in the regular assessment. (ii) The reason why the particular alternate assessment selected is appropriate for the pupil. (7) The projected date for the beginning of the services and modifications described in paragraph (4), and the anticipated frequency, location, and duration of those services and modifications. (8) Pursuant to Section 1414(d)(1)(A)(i)(VIII) of Title 20 of the United States Code and Section 56345.1, if determined appropriate by the pupil’s individualized education program team, beginning when the pupil starts their high school experience or not later than the first individualized education program to be in effect when the pupil is 16 years of age or younger, as appropriate, and updated annually thereafter, both of the following shall be included: (A) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills. (B) The transition services, as defined in Section 56345.1, including courses of study, needed to assist the pupil in reaching those goals. (9) (A) A description of the means by which the individualized education program will be provided under emergency conditions, as described in Section 46392, in which instruction or services, or both, cannot be provided to the pupil either at the school or in person for more than 10 schooldays. The description shall include all of the following: (i) Special education and related services. (ii) Supplementary aids and services. (iii) Transition services, as defined in Section 56345.1. (iv) Extended school year services pursuant to Section 300.106 of Title 34 of the Code of Federal Regulations. (B) Subparagraph (A) applies, on or after the operative date of this paragraph, to the development of an initial individualized education program or the next regularly scheduled revision of an individualized education program that has not already met the requirements of subparagraph (A). (C) Public health orders shall be taken into account in implementing subparagraph (A). (b) If appropriate, the individualized education program shall also include, but not be limited to, all of the following: (1) For pupils in grades 7 to 12, inclusive, any alternative means and modes necessary for the pupil to complete the prescribed course of study of the district and to meet or exceed proficiency standards for graduation. (2) For individuals whose native language is a language other than English, linguistically appropriate goals, objectives, programs, and services. (3) Pursuant to Section 300.106 of Title 34 of the Code of Federal Regulations, extended school year services shall be included in the individualized education program and provided to the pupil if the individualized education program team of the pupil determines, on an individual basis, that the services are necessary for the provision of a free appropriate public education to the pupil. (4) Provision for the transition into the regular class program if the pupil is to be transferred from a special class or nonpublic, nonsectarian school into a regular class in a public school for any part of the schoolday, including both of the following: (A) A description of activities provided to integrate the pupil into the regular education program. The description shall indicate the nature of each activity, and the time spent on the activity each day or week. (B) A description of the activities provided to support the transition of pupils from the special education program into the regular education program. (5) For pupils with low-incidence disabilities, specialized services, materials, and equipment, consistent with guidelines established pursuant to Section 56136. (c) It is the intent of the Legislature in requiring individualized education programs, that the local educational agency is responsible for providing the services delineated in the individualized education program. However, the Legislature recognizes that some pupils may not meet or exceed the growth projected in the annual goals and objectives of the individualized education program of the pupil. (d) Consistent with Section 56000.5 and Section 1414(d)(3)(B)(iv) of Title 20 of the United States Code, it is the intent of the Legislature that, in making a determination of the services that constitute an appropriate education to meet the unique needs of a deaf or hard-of-hearing pupil in the least restrictive environment, the individualized education program team shall consider the related services and program options that provide the pupil with an equal opportunity for communication access. The individualized education program team shall specifically discuss the communication needs of the pupil, consistent with “Deaf Students Education Services Policy Guidance” (57 Fed. Reg. 49274 (October 1992)), including all of the following: (1) The pupil’s primary language mode and language, which may include the use of spoken language with or without visual cues, or the use of sign language, or a combination of both. (2) The availability of a sufficient number of age, cognitive, and language peers of similar abilities, which may be met by consolidating services into a local plan areawide program or providing placement pursuant to Section 56361. (3) Appropriate, direct, and ongoing language access to special education teachers and other specialists who are proficient in the pupil’s primary language mode and language consistent with existing law regarding teacher training requirements. (4) Services necessary to ensure communication-accessible academic instructions, school services, and extracurricular activities consistent with the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.) and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). (5) In accordance with Section 300.113 of Title 34 of the Code of Federal Regulations, each public agency shall ensure that hearing aids worn in school by children with hearing impairments, including deafness, are functioning properly. (6) Subject to paragraph (7), each public agency, pursuant to Section 300.113(b) of Title 34 of the Code of Federal Regulations, shall ensure that external components of surgically implanted medical devices are functioning properly. (7) For a child with a surgically implanted medical device who is receiving special education and a service under Section 56363, a public agency is not responsible for the postsurgical maintenance, programming, or replacement of the medical device that has been surgically implanted, or of an external component of the surgically implanted medical device. (e) State moneys appropriated to districts or local educational agencies may not be used for any additional responsibilities and services associated with paragraphs (1) and (2) of subdivision (d), including the training of special education teachers and other specialists, even if those additional responsibilities or services are required pursuant to a judicial or state agency determination. Those responsibilities and services shall only be funded by a local educational agency as follows: (1) The costs of those activities shall be funded from existing programs and funding sources. (2) Those activities shall be supported by the resources otherwise made available to those programs. (3) Those activities shall be consistent with Sections 56240 to 56243, inclusive. (f) It is the intent of the Legislature that the communication skills of teachers who work with hard-of-hearing and deaf children be improved. This section does not remove the discretionary authority of the local educational agency in regard to inservice activities. (g) Beginning not later than one year before the pupil reaches 18 years of age, a statement that the pupil has been informed of the pupil’s rights under this part, if any, that will transfer to the pupil upon reaching 18 years of age pursuant to Section 56041.5. (h) The individualized education program team is not required to include information under one component of a pupil’s individualized education program that is already contained under another component of the individualized education program. (i) This section does not require that additional information, beyond that explicitly required by Section 1414 of Title 20 of the United States Code and this part, be included in the individualized education program of a pupil. (j) This section shall become operative on July 1, 2025. (Repealed (in Sec. 5) and added by Stats. 2024, Ch. 901, Sec. 6. (AB 438) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56345.1. Source version: id_6e618ba4-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) The term “transition services,” as defined in Section 1401(34) of Title 20 of the United States Code and as used in subparagraph (B) of paragraph (8) of subdivision (a) of Section 56345, means a coordinated set of activities for an individual with exceptional needs that does all of the following: (1) Is designed within an results-oriented process, that is focused on improving the academic and functional achievement of the individual with exceptional needs to facilitate the movement of the pupil from school to postschool activities, including postsecondary education, vocational education, integrated employment, including supported employment, continuing and adult education, adult services, independent living, or community participation. (2) Is based upon the individual needs of the pupil, taking into account the strengths, preferences, and interests of the pupil. (3) Includes instruction, related services, community experiences, the development of employment and other postschool adult living objectives, and, if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation. (b) In accordance with Section 300.43(b) of Title 34 of the Code of Federal Regulations, transition services for individuals with exceptional needs may be special education, if provided as specially designed instruction, or a designated instruction and service, if required to assist a pupil to benefit from special education. (c) If a participating agency, other than the local educational agency, fails to provide the transition services described in the individualized education program of the pupil in accordance with Section 1414(d)(6) of Title 20 of the United States Code and paragraph (8) of subdivision (a) of Section 56345, the local educational agency shall reconvene the individualized education program team to identify alternative strategies to meet the transition service needs for the pupil set out in the program. (Amended by Stats. 2007, Ch. 454, Sec. 21. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56345.2. Source version: id_6f3381a6-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) Pursuant to Section 300.107 of Title 34 of the Code of Federal Regulations, each public agency shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the individualized education program team of the individual with exceptional needs, to provide nonacademic and extracurricular services and activities in the manner necessary to afford individuals with exceptional needs an equal opportunity for participation in those services and activities. (b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with exceptional needs, and employment of pupils, including both employment by the public agency and assistance in making outside employment available. (c) Pursuant to Section 300.117 of Title 34 of the Code of Federal Regulations, each public agency shall ensure that each individual with exceptional needs participates with nondisabled children in extracurricular services and activities to the maximum extent appropriate to the needs of that individual. Each public agency shall ensure that each individual with exceptional needs has the supplementary aids and services determined by the individualized education program team of the individual to be appropriate and necessary for the individual to participate in nonacademic settings. (Added by Stats. 2007, Ch. 454, Sec. 22. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56345.5. Source version: id_eca7a318-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. Except as prescribed in subdivision (b) of Section 56324, nothing in this part shall be construed to authorize local educational agencies to prescribe health care services. (Amended by Stats. 2007, Ch. 56, Sec. 50. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56346. Source version: id_0eb7a546-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. (a) A public agency, as defined in Section 56028.5, that is responsible for making a free appropriate public education and related services to the child with a disability under this part shall seek to obtain informed consent from the parent of the child before providing special education and related services to the child pursuant to Section 1414(a)(1)(D)(i)(II) of Title 20 of the United States Code. The public agency shall make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child in accordance with Section 300.300(b)(2) of Title 34 of the Code of Federal Regulations. (b) If the parent of the child fails to respond or refuses to consent to the initiation of services pursuant to subdivision (a), the public agency shall not provide special education and related services to the child by utilizing the procedures in Section 1415 of Title 20 of the United States Code or the procedures in subdivision (e) of Section 56506 in order to obtain agreement or a ruling that the services may be provided to the child. (c) If the parent of the child refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide the consent, both of the following are applicable: (1) The public agency shall not be considered to be in violation of the requirement to make available a free appropriate public education to the child for the failure to provide the child with the special education and related services for which the public agency requests consent. (2) The public agency shall not be required to convene an individualized education program team meeting or develop an individualized education program under this part for the child for the special education and related services for which the public agency requests consent. (d) (1) Pursuant to Section 300.300(b)(4) of Title 34 of the Code of Federal Regulations, if the parent or guardian of a child submits a written revocation of his or her consent pursuant to this section at any time subsequent to the initial provision of special education and related services to the child, the public agency shall not do either of the following: (A) Continue to provide special education and related services to the child, but shall provide prior written notice to the child’s parent or guardian in accordance with Section 56500.4 before ceasing the provision of the special education and related services. (B) Use the procedural safeguards specified in Chapter 5 (commencing with Section 56500), including mediation and the due process complaint procedures, to obtain agreement or a ruling that the services may be provided to the child. (2) A public agency shall be deemed in compliance with the requirement to make a free appropriate public education available to a child if the agency ceases to provide the child with further special education and related services pursuant to this subdivision. A public agency is not required to convene an individualized education program team meeting or develop an individualized education program pursuant to this article for the child for further provision of special education and related services. (e) If the parent of the child consents in writing to the receipt of special education and related services for the child but does not consent to all of the components of the individualized education program, those components of the program to which the parent has consented shall be implemented so as not to delay providing instruction and services to the child. (f) With the exception of a parent of a child who fails to respond pursuant to subdivision (b), or refuses to consent to services pursuant to subdivision (b), if the public agency determines that the proposed special education program component to which the parent does not consent is necessary to provide a free appropriate public education to the child, a due process hearing shall be initiated in accordance with Section 1415(f) of Title 20 of the United States Code. If a due process hearing is held, the hearing decision shall be the final administrative determination and shall be binding upon the parties. While a resolution session, mediation conference, or due process hearing is pending, the child shall remain in his or her current placement, unless the parent and the public agency agree otherwise. (g) In accordance with Section 300.300(d)(4)(i) of Title 34 of the Code of Federal Regulations, if the parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial assessment or the reassessment, or the parent fails to respond to a request to provide consent, the public agency shall not use the consent override procedures described in Section 300.300(a)(3) and (c)(1) of Title 34 of the Code of Federal Regulations. The public agency is not required to consider the child as eligible for services under Article 5.6 (commencing with Section 56170) of Chapter 2. (Amended by Stats. 2010, Ch. 243, Sec. 2. (AB 1841) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56347. Source version: id_ecfaa51a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. A local educational agency, prior to the placement of the individual with exceptional needs, shall ensure that the regular teacher or teachers, the special education teacher or teachers, and other persons who provide special education, related services, or both to the individual with exceptional needs have access to the pupil’s individualized education program, shall be knowledgeable of the content of the individualized education program, and shall be informed of his or her specific responsibilities related to implementing a pupil’s individualized education program and the specific accommodations, modifications and supports that shall be provided for the pupil in accordance with the individualized education program, pursuant to Section 300.323(d) of Title 34 of the Code of Federal Regulations. A copy of each individualized education program shall be maintained at each schoolsite where the pupil is enrolled. Service providers from other agencies who provide instruction or a related service to the individual off the schoolsite shall be provided a copy of the individualized education program. All individualized education programs shall be maintained in accordance with state and federal pupil record confidentiality laws. (Amended by Stats. 2007, Ch. 56, Sec. 51. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3. Instructional Planning and Individualized Education Program [56340 - 56348] SECTION 56348. Source version: id_5baf8988-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3. By January 1, 2027, or no later than 18 months after the final draft of the state standardized individualized education program (IEP) template developed by the California Collaborative for Educational Excellence is converted to a digital platform, whichever date comes first, the department shall do both of the following: (a) Translate the IEP template into the top 10 most commonly spoken languages used across the state other than English and make those templates available on the department’s internet website. (b) Notify school districts, county offices of education, charter schools, and other relevant stakeholders that the IEP template, including all translated templates, is available on the department’s internet website and via other methods of dissemination upon request. (Added by Stats. 2024, Ch. 906, Sec. 1. (SB 445) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56350. Source version: id_73b21c0b-fce6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article. (a) A “functionally blind pupil” means a pupil who relies basically on senses other than vision as major channels for learning. (b) A “pupil with low vision” means a pupil who uses vision as a channel for learning, but who may also benefit from instruction in braille. (c) A “visually impaired pupil” means a pupil who is functionally blind or a pupil with low vision. For purposes of this article, a “visually impaired pupil” does not include a pupil who is eligible for special education and related services based on a specific learning disability identified pursuant to Section 56338. (d) (1) “Braille” means the system of reading and writing through touch commonly known as Unified English Braille. (2) Nothing in paragraph (1) shall be construed to prohibit the use of Nemeth Code for Mathematics and Science Notation in the teaching of mathematics and science, the use of Music Braille Code, or the use of International Phonetic Alphabet Braille Code. (Amended by Stats. 2018, Ch. 85, Sec. 1. (AB 3223) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56351. Source version: id_ed4b361c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. Local educational agencies shall provide opportunities for braille instruction for pupils who, due to a prognosis of visual deterioration, may be expected to have a need for braille as a reading medium. (Amended by Stats. 2007, Ch. 56, Sec. 52. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56351.5. Source version: id_b5282835-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. (a) (1) A local educational agency may reinforce braille instruction using a braille instructional aide who meets the criteria set forth in paragraph (2) under the supervision of a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired. This instruction shall be in accordance with the individualized education program of the pupil. (2) For purposes of this section, a braille instructional aide shall demonstrate to the supervising teacher that the aide is fluent in reading and writing grade 2 braille and possesses basic knowledge of the rules of braille construction. (b) A local educational agency that employs a braille instructional aide shall provide the aide with information regarding teaching credential programs, including the California Classified School Employee Teacher Credentialing Program (Article 12 (commencing with Section 44391) of Chapter 2 of Part 25 of Division 3) and the Teacher Education Internship Act of 1967 (Article 3 (commencing with Section 44450) of Chapter 3 of Part 25 of Division 3). (Amended by Stats. 2023, Ch. 15, Sec. 1. (AB 497) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56351.7. Source version: id_da081236-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. (a) The Superintendent of Public Instruction shall form an advisory task force to develop standards for the mastery of the braille code as a child progresses through kindergarten to grade 12, inclusive. (b) The task force shall include, but shall not be limited to, members approved by the State Board of Education representing all of the following: (1) Parents of visually impaired pupils. (2) Teachers of visually impaired pupils. (3) Researchers in the field of visual impairment. (4) Braille experts. (5) Groups that advocate for teaching of, and use of, braille. (6) Groups that advocate for the visually impaired. (c) The task force shall report to the Governor and to the education committees of the Assembly and the Senate by June 30, 2004. (Added by Stats. 2002, Ch. 653, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56351.8. Source version: id_3395d04d-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. (a) The Superintendent shall utilize the advisory task force established pursuant to Section 56351.7 to develop standards for pupils described in subdivision (b) to learn, and to achieve mastery of, the braille mathematics code as they progress through kindergarten and grades 1 to 12, inclusive. (b) The standards described in subdivision (a) shall be developed for pupils who, due to a visual impairment, are functionally blind or may be expected to have a need to learn the braille code as their primary literacy mode for learning. (c) The task force shall, by March 1, 2006, report to the state board with the standards it develops pursuant to subdivision (a). (Added by Stats. 2005, Ch. 530, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56351.9. Source version: id_33db3dbf-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. (a) By June 1, 2006, the state board shall adopt braille reading and mathematics standards for pupils who, due to a visual impairment, are functionally blind or may be expected to have a need to learn the braille code as their primary literacy mode for learning. (b) County offices of education, school districts, and special education local plan areas shall provide to pupils described in subdivision (a) opportunities for instruction to master the braille reading and mathematics standards described in subdivision (a). (Added by Stats. 2005, Ch. 530, Sec. 3. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56352. Source version: id_eded6990-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. (a) A functional vision assessment conducted pursuant to Section 56320 shall be used as one criterion in determining the appropriate reading medium or media for the pupil. (b) An assessment of braille skills shall be required for functionally blind pupils who have the ability to read in accordance with guidelines established pursuant to Section 56136. A local educational agency may provide pupils with low vision with the opportunity to receive assessments to determine the appropriate reading medium or media, including braille instruction, for the pupils. (c) The determination, by a pupil’s individualized education program team, of the most appropriate medium or media, including braille, for functionally blind pupils who have the ability to read shall use as one criterion the assessment provided for pursuant to subdivision (b) and shall be in accordance with guidelines established pursuant to Section 56136. (d) Except as provided in subdivision (b) of Section 56351.5, braille instruction shall be provided by a teacher who holds an appropriate credential, as determined by the Commission on Teacher Credentialing, to teach pupils who are functionally blind or visually impaired. (e) Each visually impaired pupil shall be provided with the opportunity to receive an assessment to determine the appropriate reading medium or media, including braille instruction, if appropriate, for that pupil. (Amended by Stats. 2007, Ch. 56, Sec. 54. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56353. Source version: id_81a0ff3b-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. (a) The Legislature finds and declares that the expanded core curriculum is a set of knowledge and skills in which instruction or services, or both, may be beneficial to a pupil who is blind, has low vision, or is visually impaired. Local educational agencies may consider the expanded core curriculum when developing individualized education programs for a pupil who is blind, has low vision, or is visually impaired. (b) The expanded core curriculum is defined to be all of the following: (1) Compensatory skills, such as braille and concept development and other skills needed to access the core curriculum. (2) Orientation and mobility. (3) Social interaction skills. (4) Career technical education. (5) Assistive technology, including optical devices. (6) Independent living skills. (7) Recreation and leisure. (8) Self-determination. (9) Sensory efficiency. (c) When appropriate to ensure that a pupil will receive adequate services under this section, those services may be provided before or after school hours. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2019, Ch. 778, Sec. 2. (AB 947) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 3.5. Individualized Education Program for Visually Impaired Pupils [56350 - 56354] SECTION 56354. Source version: id_8c6494ed-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=3.5. (a) (1) If an orientation and mobility evaluation is determined to be needed for a pupil who is blind, has low vision, or is visually impaired, it shall be conducted by a person who is appropriately certified as an orientation and mobility specialist. (2) The orientation and mobility evaluations described in paragraph (1) shall occur in familiar and unfamiliar environments, in varying lighting conditions, and in the home, school, and community, as appropriate. (b) Except as specified in subdivision (c), a local educational agency shall not impose any limitations that result in the preclusion or the limitation of the ability of a pupil to receive instruction in orientation and mobility services in the home, school, or community setting and in varying lighting conditions, as designated in the pupil’s individualized education program and provided for pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (c) (1) A local educational agency may require annual written parental consent to provide the services described in subdivision (b) when those services are provided before or after regular school hours and when those services are provided away from the schoolsite. (2) If a local educational agency prohibits an orientation and mobility specialist from using their vehicles for the transportation of pupils to and from orientation and mobility instruction, the local educational agency shall provide, without cost to the orientation and mobility specialist, an equally effective transportation alternative for that purpose. (d) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2019, Ch. 778, Sec. 3. (AB 947) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56360. Source version: id_da0998dc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. Each special education local plan area shall ensure that a continuum of program options is available to meet the needs of individuals with exceptional needs for special education and related services, as required by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and federal regulations relating thereto. (Amended by Stats. 1997, Ch. 854, Sec. 29. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56361. Source version: id_da0998de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. The continuum of program options shall include, but not necessarily be limited to, all of the following or any combination of the following: (a) Regular education programs consistent with subparagraph (A) of paragraph (5) of subsection (a) of Section 1412 of Title 20 of the United States Code and implementing regulations. (b) A resource specialist program pursuant to Section 56362. (c) Designated instruction and services pursuant to Section 56363. (d) Special classes pursuant to Section 56364.2. (e) Nonpublic, nonsectarian school services pursuant to Section 56365. (f) State special schools pursuant to Section 56367. (g) Instruction in settings other than classrooms where specially designed instruction may occur. (h) Itinerant instruction in classrooms, resource rooms, and settings other than classrooms where specially designed instruction may occur to the extent required by federal law or regulation. (i) Instruction using telecommunication, and instruction in the home, in hospitals, and in other institutions to the extent required by federal law or regulation. (Amended by Stats. 2004, Ch. 896, Sec. 59. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56361.2. Source version: id_da0998e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. All special education and related services for any individual with exceptional needs who is younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425). (Added by Stats. 1986, Ch. 1296, Sec. 5.5. Operative July 1, 1987, by Sec. 25 of Ch. 1296.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56361.5. Source version: id_ee3f0c02-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) In addition to the continuum of program options listed in Section 56361, a local educational agency may contract with a hospital to provide designated instruction and services, as defined in subdivision (b) of Section 56363, required by the individual with exceptional needs, as specified in the individualized education program. However, a local educational agency shall not contract with a sectarian hospital for instructional services. A local educational agency shall contract with a hospital for designated instruction and services required by the individual with exceptional needs only when no appropriate public education program is available. For purposes of this section, “hospital” means a health care facility licensed by the State Department of Health Care Services. (b) Contracts with hospitals pursuant to subdivision (a) shall be subject to the procedures prescribed in Sections 56365, 56366, and 56366.5. (Amended by Stats. 2007, Ch. 56, Sec. 55. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56362. Source version: id_2626ded2-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) The resource specialist program shall provide, but not be limited to, all of the following: (1) Provision for a resource specialist or specialists who shall provide instruction and services for those pupils whose needs have been identified in an individualized education program developed by the individualized education program team and who are assigned to regular classroom teachers for a majority of a schoolday. (2) Provision of information and assistance to individuals with exceptional needs and their parents. (3) Provision of consultation, resource information, and material regarding individuals with exceptional needs to their parents and to regular staff members. (4) Coordination of special education services with the regular school programs for each individual with exceptional needs enrolled in the resource specialist program. (5) Monitoring of pupil progress on a regular basis, participation in the review and revision of individualized education programs, as appropriate, and referral of pupils who do not demonstrate appropriate progress to the individualized education program team. (6) Emphasis at the secondary school level on academic achievement, career and vocational development, and preparation for adult life. (b) The resource specialist program shall be under the direction of a resource specialist who is a credentialed special education teacher, or who has a clinical services credential with a special class authorization, who has had three or more years of teaching experience, including both regular and special education teaching experience, as defined by rules and regulations of the Commission on Teacher Credentialing, and who has demonstrated the competencies for a resource specialist, as established by the Commission on Teacher Credentialing. (c) Caseloads for resource specialists shall be stated in the local policies developed pursuant to Section 56195.8 and in accordance with regulations established by the board. A resource specialist shall not have a caseload that exceeds 28 pupils. (d) Resource specialists shall not simultaneously be assigned to serve as resource specialists and to teach regular classes. (e) Resource specialists shall not enroll a pupil for a majority of a schoolday without approval by the pupil’s individualized education program team. (f) At least 80 percent of the resource specialists within a local plan shall be provided with an instructional aide. (g) Local educational agencies shall take all reasonable steps to distribute the workload associated with initial assessments across all resource specialists employed by the local educational agency in an equal manner, unless otherwise collectively bargained. (Amended by Stats. 2025, Ch. 560, Sec. 1. (AB 560) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56362.1. Source version: id_da0b1f86-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. For the purposes of Section 56362, “caseload” shall include, but not be limited to, all pupils for whom the resource specialist performs any of the services described in subdivision (a) of Section 56362. (Added by Stats. 1981, Ch. 972, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56362.5. Source version: id_da0b1f88-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. By July 1982, the Commission on Teacher Credentialing shall adopt rules and regulations for a resource specialist certificate of competence. The certificate shall provide all the following: (a) Definition of the competencies required of a resource specialist. (b) Provision for a system of direct application to the commission for a certificate of competence for each teacher who holds a valid special education credential, other than an emergency credential, and who satisfies any one of the following criteria: (1) Provided instruction and services as specified in subdivision (a) of Section 80070.1 of Title 5 of the California Administrative Code as it read immediately prior to July 28, 1980, for two years prior to September 1, 1981. (2) Provided instruction and services as specified in subdivision (b) of Section 80070.2 of Title 5 of the California Administrative Code as it read immediately prior to July 28, 1980, for two years prior to June 30, 1983. (c) Provision for the issuance, for up to three years, of a preliminary nonrenewable certificate of competence for the resource specialist, and adoption of the standards for the issuance and continuing validity of such a certificate. (d) Establishment of a system for verification of competencies through both of the following: (1) Commission on Teacher Credentialing approved institution of higher education resource specialist certificate program. (2) Commission on Teacher Credentialing approved competency assessment panels for resource specialist certification. (e) Cooperation with the department in implementing these provisions. Notwithstanding any other provision of law, any person who held a preliminary resource specialist certificate of competence on January 28, 1982, and who met the requirements for a clear resource specialist certificate of competence as specified in paragraph (1) of subdivision (b) may be issued a clear resource specialist certificate of competence upon submission of a completed application, but without any additional fee. (Amended by Stats. 1984, Ch. 144, Sec. 27.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56362.7. Source version: id_14265ff4-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) The Legislature recognizes the need for specially trained professionals to assess and serve pupils of limited English proficiency. This is particularly true of pupils with exceptional needs or pupils with suspected disabilities. (b) The commission shall develop a bilingual-crosscultural certificate of assessment competence for those professionals who may participate in assessments for placements in special education programs. The certificate shall be issued to holders of appropriate credentials, certificates, or authorizations who demonstrate, by written and oral examination, all of the following: (1) That the person is competent in both the oral and written skills of a language other than English. (2) That the person has both the knowledge and understanding of the cultural and historical heritage of the limited-English-proficient individuals to be served. (3) That the person has the ability to perform the assessment functions the candidate is certified or authorized to perform in English and in a language other than English. (4) That the person has knowledge of the use of instruments and other assessment techniques appropriate to evaluate limited-English-proficient individuals with exceptional needs and ability to develop appropriate data, instructional strategies, individualized education programs, and evaluations. (c) Certificates of bilingual-crosscultural competence for special education professionals who implement individual education plans requiring bilingual services shall be granted by the commission pursuant to Section 44253.7. (d) It is not the intent of the Legislature in enacting this section that possession of any certificate established by this section be a state-mandated requirement for employment or continued employment. It is the intent that this is a matter for local educational agencies to determine. (Amended by Stats. 2005, Ch. 677, Sec. 46. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56363. Source version: id_b9f9fb97-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) As used in this part, the term “designated instruction and services” means “related services” as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300.34 of Title 34 of the Code of Federal Regulations. The term “related services” means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. (b) These services may include, but are not limited to, the following: (1) Language and speech development and remediation. The language and speech development and remediation services may be provided by a speech-language pathology assistant as defined in Section 2530.2 of the Business and Professions Code. (2) Audiological services. (3) Orientation and mobility services. (4) Instruction in the home or hospital. (5) Adapted physical education. (6) Physical and occupational therapy. (7) Vision services. (8) Specialized driver training instruction. (9) Counseling and guidance services, including rehabilitation counseling. (10) Psychological services other than assessment and development of the individualized education program. (11) Parent counseling and training. (12) Health and nursing services, including school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program. (13) Social worker services. (14) Specially designed vocational education and career development. (15) Recreation services. (16) Specialized services for low-incidence disabilities, such as readers, transcribers, and vision and hearing services. (17) Interpreting services. (c) The terms “designated instruction and services” and “related services” do not include a medical device that is surgically implanted, including cochlear implants, the optimization of the functioning of a medical device, maintenance of that device, or the replacement of that device, pursuant to Section 300.34(b) of Title 34 of the Code of Federal Regulations. In accordance with Section 300.34(b) of Title 34 of the Code of Federal Regulations, nothing in this subdivision shall do any of the following: (1) Limit the right of an individual with exceptional needs with a surgically implanted device, including a cochlear implant, to receive related services or designated instruction and services that are determined by the individualized education program team to be necessary for the individual to receive a free appropriate public education. (2) Limit the responsibility of a local educational agency to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the individual, including breathing, nutrition, or operation of other bodily functions, while the individual is transported to and from school or is at school. (3) Prevent the routine checking of an external component of a surgically implanted device to make sure it is functioning properly, as required by Section 300.113(b) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2023, Ch. 620, Sec. 2. (SB 612) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56363.1. Source version: id_ef937876-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. A local educational agency is not required to purchase medical equipment for an individual pupil. However, the local educational agency is responsible for providing other specialized equipment for use at school that is needed to implement the individualized education program. For purposes of this section, “medical equipment” does not include an assistive technology device, as defined in Section 1401(1) of Title 20 of the United States Code. (Amended by Stats. 2007, Ch. 56, Sec. 57. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56363.3. Source version: id_efe14a58-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. The average caseload for language, speech, and hearing specialists in special education local plan areas shall not exceed 55 cases, unless the local plan specifies a higher average caseload and the reasons for the greater average caseload. (Amended by Stats. 2007, Ch. 56, Sec. 58. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56363.5. Source version: id_d4a09a44-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. Pursuant to Section 300.154(d)(2)(iv) and (v) of Title 34 of the Code of Federal Regulations, if an individual with exceptional needs is covered by public benefits or insurance, a public agency may use Medicaid, other public benefits, or insurance programs in which a pupil participates to provide or pay for the services required by this part, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Part 300 of Title 34 of the Code of Federal Regulations, if both of the following conditions are met: (a) The public agency provides written notification to the pupil’s parents. (b) The public agency obtains written parental consent before accessing the pupil’s or parents’ public benefits or insurance for the first time, and annually thereafter. (Repealed and added by Stats. 2014, Ch. 327, Sec. 14. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56364.1. Source version: id_da15cdf4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. Notwithstanding the provisions of Section 56364.2, pupils with low incidence disabilities may receive all or a portion of their instruction in the regular classroom and may also be enrolled in special classes taught by appropriately credentialed teachers who serve these pupils at one or more schoolsites. The instruction shall be provided in a manner which is consistent with the guidelines adopted pursuant to Section 56136 and in accordance with the individualized education program. (Amended by Stats. 2004, Ch. 896, Sec. 60. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56364.2. Source version: id_da15cdf6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) Special classes that serve pupils with similar and more intensive educational needs shall be available. The special classes may enroll pupils only when the nature or severity of the disability of the individual with exceptional needs is such that education in the regular classes with the use of supplementary aids and services, including curriculum modification and behavioral support, cannot be achieved satisfactorily. These requirements also apply to separate schooling, or other removal of individuals with exceptional needs from the regular educational environment. (b) In providing or arranging for the provision of activities, each public agency shall ensure that each individual with exceptional needs participates in those activities with nondisabled pupils to the maximum extent appropriate to the needs of the individual with exceptional needs, including nonacademic and extracurricular services and activities. Special classes shall meet standards adopted by the board. (c) This section shall only apply to special education local plan areas that have had a revised local plan approved pursuant to Section 56836.03. (Added by renumbering Section 56364.5 (as added by Stats. 1997, Ch. 854) by Stats. 1998, Ch. 691, Sec. 38. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56364.3. Source version: id_6acbfd3a-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) On or before July 1, 2027, the Superintendent shall recommend a maximum adult-to-pupil staffing ratio for special classes authorized pursuant to Section 56364.2 for pupils 3 to 22 years of age, inclusive, and post the recommendation on the department’s internet website. (b) In making the recommendation required pursuant to subdivision (a), the Superintendent shall do all of the following: (1) (A) Consult with all of the following individuals: (i) Current credentialed education specialists teaching in a special class setting. A majority of the individuals consulted pursuant to this paragraph shall meet this requirement. (ii) Administrators and chief business officials serving at schoolsites, school districts, county offices of education, and special education local plan areas. (iii) Paraprofessionals serving in special class settings. (iv) Parents of pupils with exceptional needs who are served in special class settings. (B) The individuals consulted pursuant to subparagraph (A) shall represent the state’s geographic diversity, including, but not limited to, rural, urban, and high-need regions. (2) Consult with researchers and representatives with expertise in inclusive practices and advocates focused on equity and disability rights. (3) Consider all of the following: (A) The varying needs of pupils, including pupils with mild to moderate support needs and pupils with extensive support needs. (B) The varying needs of pupils by age. (C) The types of school settings, including preschools, elementary schools, secondary schools, and nonpublic schools. (D) Existing practices among local educational agencies. (E) Other states’ adult-to-pupil ratios for special classes. (F) Other constraints, including, but not limited to, workforce and facility needs, and conditions in small and rural local educational agencies. (G) The effects on the education of pupils with disabilities in the least restrictive environment, as required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (H) Determining appropriate staffing ratios to enhance pupil outcomes in accordance with the principles of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and state law. (I) The supports needed for general education and special education educators to succeed in implementing inclusive models. (c) Notwithstanding Section 10231.5 of the Government Code, the Superintendent shall report their recommendations to the appropriate policy and fiscal committees of the Legislature and the state board on or before April 1, 2027, consistent with the requirements of Section 9795 of the Government Code. (Added by Stats. 2025, Ch. 560, Sec. 2. (AB 560) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56365. Source version: id_2b9db739-0c98-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) Services provided by nonpublic, nonsectarian schools, as defined pursuant to Section 56034, and nonpublic, nonsectarian agencies, as defined pursuant to Section 56035, shall be made available. These services shall be provided pursuant to Section 56366, and in accordance with Section 300.146 of Title 34 of the Code of Federal Regulations, under contract with the local educational agency to provide the appropriate special educational facilities, special education, or designated instruction and services required by the individual with exceptional needs if no appropriate public education program is available. (b) Pupils enrolled in nonpublic, nonsectarian schools and agencies under this section shall be deemed to be enrolled in public schools for all purposes of Chapter 4 (commencing with Section 41600) of Part 24 of Division 3 and Section 42238.02. The local educational agency shall be eligible to receive allowances under Articles 3 (commencing with Section 56836.165) and 4 (commencing with Section 56836.20) of Chapter 7.2 for services that are provided to individuals with exceptional needs pursuant to the contract. (c) If the state participates in the federal program of assistance for state-operated or state-supported programs for individuals with exceptional needs (Public Law 89-313, Sec. 6), pupils enrolled in nonpublic, nonsectarian schools shall be deemed to be enrolled in state-supported institutions for all purposes of that program and shall be eligible to receive allowances under Chapter 7.2 (commencing with Section 56836) for supplemental services provided to individuals with exceptional needs pursuant to a contract with a local educational agency. In order to participate in the federal program, the state shall find that participation will not result in any additional expenditures from the General Fund. (d) The local educational agency shall pay to the nonpublic, nonsectarian school the full amount of the tuition or to the nonpublic, nonsectarian agency fees, as applicable, for individuals with exceptional needs that are enrolled in programs or receiving services provided by the nonpublic, nonsectarian school or agency pursuant to the contract. (e) Before contracting with a nonpublic, nonsectarian school or agency outside of this state, the local educational agency shall document its efforts to use public schools or to locate an appropriate nonpublic, nonsectarian school or agency program, or both, within the state. (f) If a local educational agency places a pupil with a nonpublic, nonsectarian school or agency outside of this state, the pupil’s individualized education program team shall submit a report to the Superintendent within 15 days of the placement decision. The report shall include information about the special education and related services provided by the out-of-state program placement and the costs of the special education and related services provided, and shall indicate the efforts of the local educational agency to locate an appropriate public school or nonpublic, nonsectarian school or agency, or a combination thereof, within the state. The Superintendent shall submit a report to the board on all placements made outside of this state. (g) If a local educational agency decides to place a pupil with a nonpublic, nonsectarian school or agency outside of this state, that local educational agency shall indicate the anticipated date for the return of the pupil to a public or nonpublic, nonsectarian school or agency placement, or a combination thereof, located in the state and shall document efforts during the previous placement year to return the pupil. (h) In addition to meeting the requirements of Section 56366.1, a nonpublic, nonsectarian school or agency that operates a program outside of this state shall be certified or licensed by that state to provide, respectively, special education and related services and designated instruction and related services to pupils under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (i) A nonpublic, nonsectarian school or agency that is located outside of this state is eligible for certification pursuant to Section 56366.1 only if a pupil is enrolled in a program operated by that school or agency pursuant to the recommendation of an individualized education program team in California, and if that pupil’s parents or guardians reside in California. (j) In accordance with Section 300.147(b) and (c) of Title 34 of the Code of Federal Regulations, the department shall disseminate copies of applicable standards to each nonpublic, nonsectarian school and nonpublic, nonsectarian agency to which a local educational agency has referred or placed an individual with exceptional needs and shall provide an opportunity for those nonpublic, nonsectarian schools and nonpublic, nonsectarian agencies to participate in the development and revision of state standards that apply to those entities. (Amended by Stats. 2019, Ch. 454, Sec. 2. (AB 1172) Effective January 1, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366. Source version: id_c65a20cb-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. It is the intent of the Legislature that the role of a nonpublic, nonsectarian school or agency shall be maintained and continued as an alternative special education service available to a local educational agency and parents. (a) The master contract for nonpublic, nonsectarian school or agency services shall be developed in accordance with the following provisions: (1) The master contract shall specify the general administrative and financial agreements, including teacher-to-pupil ratios, between the nonpublic, nonsectarian school or agency and the local educational agency to provide the special education and designated instruction and services, as well as transportation specified in each pupil’s individualized education program. The administrative provisions of the contract also shall include procedures for recordkeeping and documentation, and the maintenance of school records by the contracting local educational agency to ensure that appropriate high school graduation credit is received by each pupil. The contract may allow for partial or full-time attendance at the nonpublic, nonsectarian school. (2) (A) The master contract shall include an individual services agreement for each pupil placed by a local educational agency that will be negotiated for the length of time for which nonpublic, nonsectarian school or agency special education and designated instruction and services are specified in the pupil’s individualized education program. (B) The master contract shall include a description of the process being utilized by the local educational agency to oversee and evaluate placements in nonpublic, nonsectarian schools, as required by federal law. This description shall include a method for evaluating whether each pupil is making appropriate educational progress. At least once every year, the local educational agency shall do all of the following and, to the extent possible, the following shall be conducted as part of the development and provision of an individualized education program: (i) Evaluate the educational progress of each pupil placed in a nonpublic, nonsectarian school, including all state assessment results pursuant to the requirements of Section 52052. (ii) Consider whether or not the needs of the pupil continue to be best met at the nonpublic, nonsectarian school and whether changes to the individualized education program of the pupil are necessary, including whether the pupil may be transitioned to a public school setting. This consideration shall be made at the meeting required by subdivision (d) of Section 56343. (C) In the case of a nonpublic, nonsectarian school that is owned, operated by, or associated with a licensed children’s institution, the master contract shall include a method for evaluating whether the nonpublic, nonsectarian school is in compliance with the mandate set forth in Section 56366.9 of this code and subdivision (b) of Section 1501.1 of the Health and Safety Code. (3) (A) Changes in educational instruction, services, or placement provided under contract may only be made on the basis of revisions to a pupil’s individualized education program. (B) At any time during the term of the contract or individual services agreement, the parent, the nonpublic, nonsectarian school or agency, or the local educational agency may request a review of a pupil’s individualized education program by the individualized education program team. Changes in the administrative or financial agreements of the master contract that do not alter the individual services agreement that outlines each pupil’s educational instruction, services, or placement may be made at any time during the term of the contract as mutually agreed by the nonpublic, nonsectarian school or agency and the local educational agency. (4) The master contract or individual services agreement may be terminated for cause. The cause shall not be the availability of a public class initiated during the period of the contract unless the parent agrees to the transfer of the pupil to a public school program. To terminate the contract either party shall give 20 days’ notice. (5) The nonpublic, nonsectarian school or agency shall provide all services specified in an individualized education program, unless the nonpublic, nonsectarian school or agency and the local educational agency agree otherwise in the contract or individual services agreement. (6) Related services provided pursuant to a nonpublic, nonsectarian agency master contract shall only be provided during the period of a pupil’s regular or extended school year program, or both, unless otherwise specified by the pupil’s individualized education program. (7) The nonpublic, nonsectarian school or agency shall report attendance of pupils receiving special education and designated instruction and services, as defined by Section 46307, for purposes of submitting a warrant for tuition to each contracting local educational agency. (8) (A) A nonpublic, nonsectarian school is subject to the alternative accountability system developed pursuant to Section 52052 in the same manner as public schools and each pupil placed in the nonpublic, nonsectarian school by a local educational agency shall be tested by qualified staff of the nonpublic, nonsectarian school in accordance with that accountability program. The test results shall be reported by the nonpublic, nonsectarian school to the department. (B) Beginning with the 2006–07 school year testing cycle, each nonpublic, nonsectarian school shall determine its California Assessment of Student Performance and Progress period subject to subdivisions (b) and (c) of Section 60640. The nonpublic, nonsectarian school shall determine this period based on completion of 85 percent of the instructional year at that nonpublic, nonsectarian school, plus and minus 10 days, resulting in a 21-day period. Each nonpublic, nonsectarian school shall notify the district of residence of a pupil enrolled in the school of its testing period. Staff at the nonpublic, nonsectarian school who administer the assessments shall attend the regular testing training sessions provided by the district of residence. If staff from a nonpublic, nonsectarian school have received training from one local educational agency, that training shall be sufficient for all local educational agencies that send pupils to the nonpublic, nonsectarian school. The district of residence shall order testing materials for its pupils that have been placed in the nonpublic, nonsectarian school. The board shall adopt regulations to facilitate the distribution of and collection of testing materials. (9) With respect to a nonpublic, nonsectarian school, the school shall prepare a school accountability report card in accordance with Section 33126. (b) (1) The master contract or individual services agreement shall not include special education transportation provided through the use of services or equipment owned, leased, or contracted by a local educational agency for pupils enrolled in the nonpublic, nonsectarian school or agency unless provided directly or subcontracted by that nonpublic, nonsectarian school or agency. (2) The Superintendent shall withhold 20 percent of the amount apportioned to a local educational agency for costs related to the provision of nonpublic, nonsectarian school or agency placements if the Superintendent finds that the local educational agency is in noncompliance with this subdivision. This amount shall be withheld from the apportionments in the fiscal year following the Superintendent’s finding of noncompliance. The Superintendent shall take other appropriate actions to prevent noncompliant practices from occurring and report to the Legislature on those actions. (c) (1) If a pupil is enrolled in a nonpublic, nonsectarian school or agency with the approval of the local educational agency prior to agreement to a contract or individual services agreement, the local educational agency shall issue a warrant, upon submission of an attendance report and claim, for an amount equal to the number of creditable days of attendance at the per diem tuition rate agreed upon prior to the enrollment of the pupil. This provision shall be allowed for 90 days during which time the contract shall be consummated. (2) If after 60 days the master contract or individual services agreement has not been finalized as prescribed in paragraph (1) of subdivision (a), either party may appeal to the county superintendent of schools, if the county superintendent of schools is not participating in the local plan involved in the nonpublic, nonsectarian school or agency contract, or the Superintendent, if the county superintendent of schools is participating in the local plan involved in the contract, to negotiate the contract. Within 30 days of receipt of this appeal, the county superintendent of schools or the Superintendent, or his or her designee, shall mediate the formulation of a contract, which shall be binding upon both parties. (d) A master contract for special education and related services provided by a nonpublic, nonsectarian school or agency may not be authorized under this part, unless the school or agency has been certified as meeting those standards relating to the required special education and specified related services and facilities for individuals with exceptional needs. The certification shall result in the nonpublic, nonsectarian school or agency receiving approval to educate pupils under this part for a period no longer than 18 months from the date of the initial approval. (e) By September 30, 1998, the procedures, methods, and regulations for the purposes of contracting for nonpublic, nonsectarian school and agency services pursuant to this section and for reimbursement pursuant to Sections 56836.165 and 56836.20 shall be developed by the Superintendent in consultation with statewide organizations representing providers of special education and designated instruction and services. The regulations shall be established by rules and regulations issued by the board. (Amended by Stats. 2015, Ch. 386, Sec. 26. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.1. Source version: id_2a66d274-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) A nonpublic, nonsectarian school or agency that seeks certification shall file an application with the Superintendent on forms provided by the department, and shall include all of the following information on the application: (1) A description of the special education and designated instruction and services provided to individuals with exceptional needs if the application is for nonpublic, nonsectarian school certification. (2) A description of the designated instruction and services provided to individuals with exceptional needs if the application is for nonpublic, nonsectarian agency certification. (3) A list of appropriately qualified staff, a description of the credential, license, or registration that qualifies each staff member rendering special education or designated instruction and services to do so, and copies of their credentials, licenses, or certificates of registration with the appropriate state or national organization that has established standards for the service rendered. (4) (A) (i) Commencing with the 2020–21 school year, documentation that the nonpublic, nonsectarian school or agency will train staff who will have contact or interaction with pupils during the schoolday in the use of evidence-based practices and interventions specific to the unique behavioral needs of the nonpublic, nonsectarian school’s or agency’s pupil population. The training shall be provided within 30 days of employment to new staff who have any contact or interaction with pupils during the schoolday, and annually to all staff who have any contact or interaction with pupils during the schoolday. (ii) For a nonpublic, nonsectarian school or agency that was in existence as of the January 1 immediately preceding a school year, documentation that the nonpublic, nonsectarian school’s or agency’s staff members who will have contact or interaction with pupils during the schoolday have received training that complies with the requirements of subparagraphs (B) and (C). (B) The training described in this paragraph shall be selected and conducted by the nonpublic, nonsectarian school or agency and shall satisfy all of the following conditions: (i) Be conducted by persons licensed or certified in fields related to the evidence-based practices and interventions being taught. (ii) Be taught in a manner consistent with the development and implementation of individualized education programs. (iii) Be consistent with the requirements of Article 5.2 (commencing with Section 49005) of Chapter 6 of Part 27, relating to pupil discipline. (C) The content of the training described in this paragraph shall include, but is not limited to, all of the following: (i) Positive behavioral intervention and supports, including collection, analysis, and use of data to inform, plan, and implement behavioral supports. (ii) How to understand and address challenging behaviors, including evidence-based strategies for preventing those behaviors. (iii) Evidence-based interventions for reducing and replacing challenging behaviors, including de-escalation techniques. (D) (i) The contracting local educational agency shall verify the nonpublic, nonsectarian school’s or agency’s compliance with the requirements of this paragraph, and the nonpublic, nonsectarian school or agency shall report the contracting local educational agency’s verification to the Superintendent annually with the annual certification documents described in subdivision (h). (ii) For a nonpublic, nonsectarian school or agency seeking initial certification, the contracting local educational agency shall verify that the plan and timeline for training provided pursuant to this paragraph are included in the master contract. (iii) For a nonpublic, nonsectarian school or agency not in existence as of the January 1 immediately preceding a school year, the contracting local educational agency shall, 30 days following the commencement of the school year, verify that the nonpublic, nonsectarian school or agency provided the training required by this paragraph, and shall submit the verification to the Superintendent at that time. (iv) The nonpublic, nonsectarian school or agency shall maintain written records of the training provided pursuant to this paragraph, and shall provide written verification of the training upon request. (5) Commencing with the 2021–22 school year, documentation that the administrator of the nonpublic, nonsectarian school holds or is in the process of obtaining one of the following: (A) An administrative credential granted by an accredited postsecondary educational institution and two years of experience with pupils with disabilities. (B) A pupil personnel services credential that authorizes school counseling or psychology. (C) A license as a clinical social worker issued by the Board of Behavioral Sciences. (D) A license in psychology regulated by the Board of Psychology. (E) A master’s degree issued by an accredited postsecondary institution in education, special education, psychology, counseling, behavioral analysis, social work, behavioral science, or rehabilitation. (F) A credential authorizing special education instruction and at least two years of experience teaching in special education before becoming an administrator. (G) A license as a marriage and family therapist certified by the Board of Behavioral Sciences. (H) A license as an educational psychologist issued by the Board of Behavioral Sciences. (I) A license as a professional clinical counselor issued by the Board of Behavioral Sciences. (6) An annual operating budget. (7) Affidavits and assurances necessary to comply with all applicable federal, state, and local laws and regulations that include criminal record summaries required of all nonpublic, nonsectarian school or agency personnel having contact with minor children under Section 44237. (8) Assurances of compliance with Article 5 (commencing with Section 49000) and Article 5.2 (commencing with Section 49005) of Chapter 6 of Part 27, and Section 56521.1, relating to behavioral interventions. (9) Commencing with the 2024–25 school year, a nonpublic nonsectarian school shall include assurances that for any pupil served by the school who is a foster child as defined in subdivision (a) of Section 48853.5, the school agrees to do both of the following: (A) Serve as the school of origin of the foster child, as applicable pursuant to subdivision (g) of Section 48853.5. (B) Allow the foster child to continue their education in the school, as applicable pursuant to subdivisions (f) and (g) of Section 48853.5. (b) (1) The applicant shall provide the special education local plan area in which the applicant is located with the written notification of its intent to seek certification or renewal of its certification. The local educational agency representatives shall acknowledge that they have been notified of the intent to certify or renew certification. The acknowledgment shall include a statement that representatives of the local educational agency for the area in which the applicant is located have had the opportunity to review the application at least 60 calendar days before submission of an initial application to the Superintendent, or at least 30 calendar days before submission of a renewal application to the Superintendent. The acknowledgment shall provide assurances that local educational agency representatives have had the opportunity to provide input on all required components of the application. (2) If the local educational agency has not acknowledged an applicant’s intent to be certified 60 calendar days from the date of submission for initial applications or 30 calendar days from the date of the return receipt for renewal applications, the applicant may file the application with the Superintendent. (3) The department shall provide electronic notification of the availability of renewal application materials to certified nonpublic, nonsectarian schools and agencies at least 120 days before the date their current certification expires. (c) If the applicant operates a facility or program on more than one site, each site shall be certified. (d) If the applicant is part of a larger program or facility on the same site, the Superintendent shall consider the effect of the total program on the applicant. A copy of the policies and standards for the nonpublic, nonsectarian school or agency and the larger program shall be available to the Superintendent. (e) (1) Before certification, the Superintendent shall conduct an onsite review of the facility and program for which the applicant seeks certification. The Superintendent may be assisted by representatives of the special education local plan area in which the applicant is located and a nonpublic, nonsectarian school or agency representative who does not have a conflict of interest with the applicant. The Superintendent shall conduct an additional onsite review of the facility and program within three years of the effective date of the certification, unless the Superintendent conditionally certifies the nonpublic, nonsectarian school or agency, or unless the Superintendent receives a formal complaint against the nonpublic, nonsectarian school or agency. In the latter two cases, the Superintendent shall conduct an onsite review at least annually. (2) In carrying out paragraph (1), the Superintendent may verify that the nonpublic, nonsectarian school or agency has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service, pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency. (3) Commencing with the 2026–27 school year, the Superintendent shall also do all of the following before certifying a nonpublic, nonsectarian school located outside of California: (A) Review assurances provided pursuant to paragraph (8) of subdivision (a) relating to behavioral interventions to evaluate consistency with California laws. (B) Ensure that pupils have been provided a copy of their rights and procedural safeguards, as referenced in Section 300.504(a) of Title 34 of the Code of Federal Regulations, and information on how to contact the department’s Constituent Services Office, upon admission to the nonpublic, nonsectarian school and that this information is accessible and require the telephone number for the department’s Constituent Services Office to be prominently displayed at the nonpublic, nonsectarian school. (C) Review policies, procedures, and practices of the nonpublic, nonsectarian school to determine if there is a clear and confidential process for residents to report grievances without fear of retaliation and review the process for investigating and reporting internal and external resident complaints. (D) Examine the use of positive behavioral reinforcement systems, including if the nonpublic, nonsectarian school correctly implements behavior intervention pursuant to Chapter 5.5 (commencing with Section 56520) and manifestation determinations pursuant to Section 300.530(e) of Title 34 of the Code of Federal Regulations, and provide a copy of the nonpublic, nonsectarian school’s policies on behavior intervention to pupils and parents of pupils enrolled in the nonpublic, nonsectarian school. (E) Review protocols for identifying signs of abuse or neglect, both physical and psychological, for consistency with the mandated reporting requirements of Section 11165.7 of the Penal Code, ensure that all staff are trained to recognize these signs, and review any behavior emergency reports required pursuant to Section 56521.1 to ensure compliance with that section. (4) Commencing with the 2020–21 school year, a local educational agency that enters into a master contract with a nonpublic, nonsectarian school shall conduct, at minimum, all of the following: (A) An onsite visit to the nonpublic, nonsectarian school before placement of a pupil if the local educational agency does not have any pupils enrolled at the school at the time of placement. (B) At least one onsite monitoring visit during each school year to the nonpublic, nonsectarian school at which the local educational agency has a pupil attending and with which it maintains a master contract. The monitoring visit shall include, but is not limited to, a review of services provided to the pupil through the individual service agreement between the local educational agency and the nonpublic, nonsectarian school, a review of progress the pupil is making toward the goals set forth in the pupil’s individualized education program, a review of progress the pupil is making toward the goals set forth in the pupil’s behavioral intervention plan, if applicable, an observation of the pupil during instruction, a walkthrough of the facility, and, for a pupil placed in a nonpublic, nonsectarian school located outside of California, an in-person interview with the pupil, in a manner consistent with the pupil’s individualized education program, to evaluate the pupil’s health and safety. The local educational agency shall report the findings resulting from the monitoring visit to the department, using the “Local Educational Agency Onsite Visit for Nonpublic School” form developed and published by the department on its internet website, within 60 calendar days of the onsite visit. On or before July 1, 2026, the department shall update the form to additionally require, for nonpublic, nonsectarian schools located outside of California, all of the following findings to be reported to the department: (i) A summary of the local educational agency’s interview of pupils to assess their perceptions of the nonpublic, nonsectarian school and the services provided, including whether pupils feel that they are treated with respect and dignity and whether nonpublic, nonsectarian school staff maintain appropriate professional boundaries. The local educational agency may also use the tool used by the Superintendent to conduct interviews or develop its own interview tool and shall respect any limitations caused by the pupil’s disability and conduct the interview in a manner consistent with the pupil’s individualized education program. (ii) Evidence of positive behavioral support, for which the local educational agency shall examine the use of positive behavioral reinforcement systems, including if the nonpublic, nonsectarian school correctly implements behavior intervention pursuant to Chapter 5.5 (commencing with Section 56520) and manifestation determinations pursuant to Section 300.530(e) of Title 34 of the Code of Federal Regulations. (iii) Evidence of screening for abuse and neglect, for which the local educational agency shall review the protocols for identifying signs of abuse or neglect, both physical and psychological, and ensure that all staff are trained to recognize these signs through a review of any behavior emergency reports required pursuant to Section 56521.1. (C) A quarterly check-in with a pupil attending the nonpublic, nonsectarian school located outside of California through an unmonitored telephone call, in a manner consistent with the pupil’s individualized education program. (f) (1) The Superintendent shall make a determination on an application within 120 days of receipt of the application and shall certify, conditionally certify, or deny certification to the applicant. If the Superintendent fails to take one of these actions within 120 days, the applicant is automatically granted conditional certification for a period terminating on August 31 of the current school year. If certification is denied, the Superintendent shall provide reasons for the denial. The Superintendent shall not certify the nonpublic, nonsectarian school or agency for a period longer than one year. (2) Commencing with the 2026–27 school year, for a nonpublic, nonsectarian school located outside of California, the Superintendent shall make available, upon request from a local educational agency or a special education local plan area, the following information, if available: (A) The certification status of the nonpublic, nonsectarian school or agency, including whether certification was granted, denied, revoked, suspended, or granted with conditions. (B) A summary of the findings supporting the Superintendent’s determination, including any corrective actions or areas of noncompliance identified. (C) Access to relevant documentation used to support the determination, including compliance review reports and any findings resulting from onsite monitoring visits. (3) A local educational agency shall disclose the information received in paragraph (2), if available, to the parent or guardian at the time the individualized education program team considers placement of the pupil in a nonpublic, nonsectarian school or agency. (4) The local educational agency shall document in the individualized education program that the information described in paragraph (2), if available, was provided to the parent or guardian and that the parent or guardian was given an opportunity to review and discuss the information as part of the placement decision. (5) This subdivision does not authorize the disclosure of any personally identifiable information and shall be consistent with applicable state and federal pupil privacy laws. (g) Certification becomes effective on the date the nonpublic, nonsectarian school or agency meets all the application requirements and is approved by the Superintendent. Certification may be retroactive if the nonpublic, nonsectarian school or agency met all the requirements of this section on the date the retroactive certification is effective. Certification expires on December 31 of the terminating year. (h) The Superintendent annually shall review the certification of each nonpublic, nonsectarian school or agency. For this purpose, a certified nonpublic, nonsectarian school or agency annually shall update its application between August 1 and October 31, unless the state board grants a waiver pursuant to Section 56101. The Superintendent may conduct an onsite review as part of the annual review. (i) (1) The Superintendent shall conduct an investigation of a nonpublic, nonsectarian school or agency onsite at any time without prior notice if there is substantial reason to believe that there is an immediate danger to the health, safety, or welfare of a child. The Superintendent shall document the concern and submit it to the nonpublic, nonsectarian school or agency at the time of the onsite investigation. The Superintendent shall require a written response to any noncompliance or deficiency found. (2) A nonpublic, nonsectarian school or agency shall notify the department and the local educational agency with which it has a master contract of any pupil-involved incident at the school or agency in which law enforcement was contacted. This notification shall be provided in writing, no later than one business day after the incident occurred. (3) With respect to a nonpublic, nonsectarian school or agency, the Superintendent shall conduct an investigation, which may include an unannounced onsite visit, if the Superintendent receives evidence of a significant deficiency in the quality of educational services provided, a violation of Section 56366.9, or noncompliance with the policies expressed by subdivision (b) of Section 1501 of the Health and Safety Code by the nonpublic, nonsectarian school or agency. The Superintendent shall document the complaint and the results of the investigation and shall provide copies of the documentation to the complainant, the nonpublic, nonsectarian school or agency, and the contracting local educational agency. (4) Violations or noncompliance documented pursuant to paragraph (1) or (3) shall be reflected in the status of the certification of the nonpublic, nonsectarian school or agency, at the discretion of the Superintendent, pending an approved plan of correction by the nonpublic, nonsectarian school or agency. The department shall retain for a period of 10 years all violations pertaining to certification of the nonpublic, nonsectarian school or agency. (5) In carrying out this subdivision, the Superintendent may verify that the nonpublic, nonsectarian school or agency received a successful criminal background check clearance and has enrolled in subsequent arrest notice service, pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency. (j) The Superintendent shall monitor the facilities, the educational environment, and the quality of the educational program, including the teaching staff, the credentials authorizing service, the standards-based core curriculum being employed, and the standards-focused instructional materials used, of an existing certified nonpublic, nonsectarian school or agency on a three-year cycle, as follows: (1) The nonpublic, nonsectarian school or agency shall complete a self-review in year one. (2) The Superintendent shall conduct an onsite review of the nonpublic, nonsectarian school or agency in year two. (3) The Superintendent shall conduct a followup visit to the nonpublic, nonsectarian school or agency in year three. (k) (1) During an onsite review of a nonpublic, nonsectarian school located outside of California, the Superintendent shall interview all pupils with individualized education programs to discuss progress and address any concerns respecting any limitations due to the pupils’ disabilities at the following times: (A) If the nonpublic, nonsectarian school is the subject of an investigation pursuant to subdivision (i). (B) If there is a change in certification status or during the year-three monitoring followup visit specified in paragraph (3) of subdivision (j). (C) If the nonpublic, nonsectarian school has pupil-level findings from year two. (2) On or before July 1, 2026, the Superintendent shall develop an interview tool to be used for interviews with pupils to assess the pupils’ perceptions of the nonpublic, nonsectarian school and the services provided, discuss progress, and address any concerns. The interview tool shall require interviews to include, at minimum, the pupil’s perceptions of being treated with respect and dignity and of whether the staff maintain appropriate professional boundaries. This tool shall be made available to local educational agencies upon request to conduct interviews. (l) (1) Notwithstanding any other law, the Superintendent shall not certify a nonpublic, nonsectarian school or agency that proposes to initiate or expand services to pupils currently educated in the immediate prior fiscal year in a juvenile court program, community school pursuant to Section 56150, or other nonspecial education program, including independent study or adult school, or both, unless the nonpublic, nonsectarian school or agency notifies the county superintendent of schools and the special education local plan area in which the proposed new or expanded nonpublic, nonsectarian school or agency is located of its intent to seek certification. (2) The notification shall occur no later than the December 1 before the new fiscal year in which the proposed or expanding school or agency intends to initiate services. The notice shall include the following: (A) The specific date upon which the proposed nonpublic, nonsectarian school or agency is to be established. (B) The location of the proposed program or facility. (C) The number of pupils proposed for services, the number of pupils currently served in the juvenile court, community school, or other nonspecial education program, the current school services including special education and related services provided for these pupils, and the specific program of special education and related services to be provided under the proposed program. (D) The reason for the proposed change in services. (E) The number of staff who will provide special education and designated instruction and services and hold a current valid California credential or license in the service rendered. (3) In addition to the requirements in subdivisions (a) to (f), inclusive, the Superintendent shall require and consider the following in determining whether to certify a nonpublic, nonsectarian school or agency as described in this subdivision: (A) A complete statement of the information required as part of the notice under paragraph (1). (B) Documentation of the steps taken in preparation for the conversion to a nonpublic, nonsectarian school or agency, including information related to changes in the population to be served and the services to be provided pursuant to each pupil’s individualized education program. (4) Notwithstanding any other law, the certification becomes effective no earlier than July 1 if the nonpublic, nonsectarian school or agency provided the notification required pursuant to paragraph (1). (m) (1) Notwithstanding any other law, the Superintendent shall not certify or renew the certification of a nonpublic, nonsectarian school that also operates a licensed children’s institution, unless all of the following conditions are met: (A) The entity operating the nonpublic, nonsectarian school maintains separate financial records for each entity that it operates, with each nonpublic, nonsectarian school identified separately from any licensed children’s institution that it operates. (B) The entity submits an annual budget that identifies the projected costs and revenues for each entity and demonstrates that the rates to be charged are reasonable to support the operation of the entity. (C) The entity submits an entitywide annual audit that identifies its costs and revenues, by entity, in accordance with generally accepted accounting and auditing principles. The audit shall clearly document the amount of moneys received and expended on the educational program provided by the nonpublic, nonsectarian school. (D) The relationship between various entities operated by the same entity are documented, defining the responsibilities of the entities. The documentation shall clearly identify the services to be provided as part of each program, for example, the residential or medical program, the mental health program, or the educational program. The entity shall not seek funding from a public agency for a service, either separately or as part of a package of services, if the service is funded by another public agency, either separately or as part of a package of services. (2) For purposes of this section, “licensed children’s institution” has the same meaning as it is defined by Section 56155.5. (n) (1) The nonpublic, nonsectarian school or agency shall be charged a reasonable fee for certification. The Superintendent may adjust the fee annually commensurate with the statewide average percentage inflation adjustment computed for local control funding formula allocations pursuant to Section 42238.02, as implemented by Section 42238.03, of unified school districts with greater than 1,500 units of average daily attendance if the percentage increase is reflected in the school district local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, for inflation purposes. For purposes of this section, the base fee shall be the following: (1) 1–5 pupils ........................ $ 300 (2) 6–10 pupils ........................ 500 (3) 11–24 pupils ........................ 1,000 (4) 25–75 pupils ........................ 1,500 (5) 76 pupils and over ........................ 2,000 (2) The nonpublic, nonsectarian school or agency shall pay this fee when it applies for certification and when it updates its application for annual renewal by the Superintendent. The Superintendent shall use these fees to conduct onsite reviews, which may include field experts. A fee shall not be refunded if the application is withdrawn or is denied by the Superintendent. (o) (1) Notwithstanding any other law, only those nonpublic, nonsectarian schools or agencies that provide special education and designated instruction and services using administrators and staff who hold a certificate, permit, or other document equivalent to that which staff in a public school are required to hold in the service rendered are eligible to receive certification. Only those nonpublic, nonsectarian schools or agencies located outside of California that employ staff who hold a current valid credential or license to render special education and related services as required by that state shall be eligible to be certified. Commencing with the 2021–22 school year, this paragraph shall not apply to administrators. (2) Commencing with the 2021–22 school year, notwithstanding any other law, only those nonpublic, nonsectarian schools or agencies that provide special education and related services using administrators who hold or are in the process of obtaining a credential, degree, or license in accordance with paragraph (5) of subdivision (a) are eligible to be certified. (3) The state board shall develop regulations to implement this subdivision. (p) In addition to meeting the standards adopted by the state board, a nonpublic, nonsectarian school or agency shall provide written assurances that it meets all applicable standards relating to fire, health, sanitation, and building safety. (q) (1) Notwithstanding subdivision (n) of Section 44237, and for purposes of enabling the Superintendent to carry out the duties pursuant to this section, a nonpublic, nonsectarian school or agency shall, upon demand, make available to the Superintendent evidence of a successful criminal background check clearance and enrollment in subsequent arrest notice service, conducted pursuant to Section 44237, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency. (2) The nonpublic, nonsectarian school or agency shall retain the evidence and store it in a locked file separate from other files. (Amended by Stats. 2025, Ch. 579, Sec. 4. (SB 373) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.2. Source version: id_f1b10152-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) A local educational agency, nonpublic, nonsectarian school, or nonpublic, nonsectarian agency may petition the Superintendent to waive one or more of the requirements under Sections 56365, 56366, 56366.3, and 56366.6. The petition shall state the reasons for the waiver request, and shall include the following: (1) Sufficient documentation to demonstrate that the waiver is necessary to the content and implementation of a specific pupil’s individualized education program and the pupil’s current placement. (2) The period of time that the waiver will be effective during any one school year. (3) Documentation and assurance that the waiver does not abrogate any right provided to individuals with exceptional needs and their parents or guardians under state or federal law, and does not hinder the compliance of a local educational agency with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and federal regulations relating to those acts. (b) No waiver shall be granted for reimbursement of those costs prohibited under Article 4 (commencing with Section 56836.20) of Chapter 7.2 of Part 30 or for the certification requirements pursuant to Section 56366.1 unless approved by the board pursuant to Section 56101. (c) In submitting the annual report on waivers granted under Section 56101 and this section to the board, the Superintendent shall specify information related to the provision of special education and related services to individuals with exceptional needs through contracts with nonpublic, nonsectarian schools and agencies located in the state, nonpublic, nonsectarian school and agency placements in facilities located out of state, and the specific section waived pursuant to this section. (Amended by Stats. 2007, Ch. 56, Sec. 62. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.4. Source version: id_32e11468-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) The Superintendent may revoke or suspend the certification of a nonpublic, nonsectarian school or agency for any of the following reasons: (1) Violation of an applicable state or federal rule or regulation, or aiding, abetting, or permitting the violation of an applicable state or federal rule or regulation. (2) Falsification or intentional misrepresentation of an element of the application, pupil records, or program presented for certification purposes. (3) Conduct in the operation or maintenance of the nonpublic, nonsectarian school or agency that is harmful to the health, welfare, or safety of an individual with exceptional needs, including, but not limited to, the use of interventions prohibited by subdivision (d) of Section 56521.1 and subdivision (a) of Section 49005.8. (4) Failure to comply with a provision in the master contract with the local educational agency. (5) Failure to notify the department in writing of any of the following within 45 days of the occurrence: (A) Changes in credentialed, licensed, or registered staff who render special education and related services, ownership, management, or control of the nonpublic, nonsectarian school or agency. (B) Major modification or relocation of facilities. (C) Significant modification of the nonpublic, nonsectarian school or agency program. (6) Failure to implement recommendations and compliance requirements following an onsite review of the school or agency. (7) Failure to provide appropriate services, supplies, equipment, or facilities for a pupil as required in the pupil’s individualized education program. (8) Failure to notify the Superintendent in writing within 10 days of the revocation or suspension of a license or permit, including, but not limited to, a residential care license, business license, or other required license or permit. (9) Failure to implement a pupil’s individualized education program. (10) Failure to notify the Superintendent in writing within 10 days of the death of a pupil or any other individual of unnatural causes within the school or agency, including the circumstances surrounding the death and appropriate preventative measures being taken or recommended. (b) If an investigation conducted by the department results in a finding that pupil health or safety has been compromised or is in danger of being compromised at a nonpublic, nonsectarian school or agency, the department may immediately suspend or revoke the certification of the nonpublic, nonsectarian school or agency. (c) The Superintendent shall notify contracting local educational agencies and the special education local plan area in which the nonpublic, nonsectarian school or agency is located of the determination to suspend or revoke state certification. (d) If the Superintendent determines that a nonpublic, nonsectarian school or agency has violated the certification requirements pursuant to this section and revokes the certification, the nonpublic, nonsectarian school or agency; the site administrator, business, organization, or entity involved in the administration of the nonpublic, nonsectarian school or agency whose certification was revoked; and the site administrator, business, organization, or entity whose nonpublic, nonsectarian school or agency certification was revoked at any time previously, shall not be eligible to apply for recertification of the school or agency for two full years from the date of revocation. (Amended by Stats. 2025, Ch. 579, Sec. 5. (SB 373) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.45. Source version: id_37b98f9b-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) (1) A contracting local educational agency and a charter school shall, within 14 days of becoming aware of any change to the certification status of a nonpublic, nonsectarian school or agency, notify parents of pupils of the local educational agency or charter school who attend the nonpublic, nonsectarian school or agency through email or regular mail notice of the change in certification status and include a copy of the procedural safeguards as specified in Chapter 5 (commencing with Section 56500). (2) The contracting local educational agency or charter school shall maintain a record of the notice given pursuant to paragraph (1) and shall make this notice available for inspection upon request of the department. (b) For purposes of this section, becoming aware of any change in certification status may include, but is not limited to, receiving notification pursuant to subdivision (c) of Section 56366.4 of a determination to suspend or revoke the certification of the nonpublic, nonsectarian school or agency, including, but not limited to, a determination resulting from a department investigation into pupil restraint or seclusion. (c) For purposes of this section, “parent” has the same meaning as defined in Section 56028. (Added by Stats. 2023, Ch. 64, Sec. 1. (AB 611) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.5. Source version: id_3bf260f2-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) Upon receipt of a request from a nonpublic, nonsectarian school for payment for services provided under a contract entered into pursuant to Sections 56365 and 56366, the local educational agency shall either (1) send a warrant for the amount requested within 45 days, or (2) notify the nonpublic, nonsectarian school within 10 working days of any reason why the requested payment shall not be paid. (b) If the local educational agency fails to comply with subdivision (a), the nonpublic, nonsectarian school may require the local educational agency to pay an additional amount of 11/2 percent of the unpaid balance per month until full payment is made. The local educational agency may not claim reimbursement from the state for the additional amount pursuant to any provision of law, including any provision contained in Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of the Revenue and Taxation Code. (c) Any educational funds received from a local educational agency for the educational costs of individuals with exceptional needs it has placed in nonpublic, nonsectarian schools shall be used solely for those purposes and not for the costs of a residential program. (Amended by Stats. 2004, Ch. 914, Sec. 10. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.6. Source version: id_da2389a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) Within 20 working days following the nonpublic, nonsectarian school’s or agency’s receipt of the notice of denial, revocation, or suspension of certification, the nonpublic, nonsectarian school or agency may file a written petition to request a review of the decision by the superintendent. The petition may include written arguments or a request to present an oral argument. (b) Within 30 working days after the receipt of the written petition, the superintendent or a designee shall review the decision and the applicant’s petition and render a written, reasoned decision that shall be the final administrative decision. The designee of the superintendent shall be impartial, unbiased, and shall not have participated in the department decision to deny, revoke, or suspend the nonpublic, nonsectarian school or agency certification. (c) Any public education agency that contracts with a certified nonpublic, nonsectarian school or agency may request the superintendent to review the status of the nonpublic school or agency. The request shall be in writing and a copy sent to the nonpublic school or agency. (Added by Stats. 1993, Ch. 939, Sec. 14. Effective October 8, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.8. Source version: id_f2a636c8-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. The department, as a part of its certification process and complaint investigation process for nonpublic, nonsectarian schools or agencies shall do all of the following: (a) Provide advance notice of certification reviews to the contracting local educational agency, and to the nonpublic, nonsectarian school or agency under certification review. (b) Provide advance notice of complaint investigations to the contracting local educational agency. (c) Include the contracting local educational agency in certification reviews and complaint investigations. (d) Transmit final reports of certification reviews and complaint investigations to local educational agencies, placement agencies, and other public educational agencies that contract with the nonpublic, nonsectarian school or agency. (Amended by Stats. 2007, Ch. 56, Sec. 64. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.9. Source version: id_f1d9f382-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. A licensed children’s institution at which individuals with exceptional needs reside shall not require as a condition of residential placement that it provide the appropriate educational programs to those individuals through a nonpublic, nonsectarian school or agency owned, operated by, or associated with, a licensed children’s institution. Those services may only be provided if the special education local plan area determines that appropriate public alternative educational programs are not available. A licensed children’s institution shall not refer a pupil to, or place a pupil in, a nonpublic, nonsectarian school. (Amended by Stats. 2012, Ch. 571, Sec. 5. (SB 121) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.10. Source version: id_c3bc9c0b-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. In addition to the certification requirements set forth in Sections 56366 and 56366.1, a nonpublic, nonsectarian school that provides special education and related services to an individual with exceptional needs shall certify in writing to the Superintendent that it meets all of the following requirements: (a) It will not accept a pupil with exceptional needs if it cannot provide or ensure the provision of the services outlined in the pupil’s individualized education program. (b) Pupils have access to the following educational materials, services, and programs that are consistent with each pupil’s individualized education program: (1) (A) For kindergarten and grades 1 to 8, inclusive, state-adopted, standards-based, core curriculum and instructional materials, including technology-based materials as defined in Section 60010. (B) For grades 9 to 12, inclusive, standards-based, core curriculum and instructional materials, including technology-based materials as defined in Section 60010, used by any local educational agency that contracts with the nonpublic, nonsectarian school. (2) College preparatory courses. (3) Extracurricular activities, such as art, sports, music, and academic clubs. (4) Career preparation and vocational training, consistent with transition plans pursuant to state and federal law. (5) Supplemental assistance, including individual academic tutoring, psychological counseling, and career and college counseling. (c) The teachers and staff provide academic instruction and support services to pupils with the goal of integrating pupils into the least restrictive environment pursuant to federal law. (d) The school has and abides by a written policy for pupil discipline that is consistent with state and federal law and regulations. (e) For a school serving pupils with significant behavioral needs or who are on behavioral intervention plans, the school has an individual onsite during school hours who is qualified, and responsible for the design, planning, and implementation of behavioral interventions, as authorized under Section 3051.23 of Title 5 of the California Code of Regulations. (f) Commencing with the 2020–21 school year, the nonpublic, nonsectarian school provides annual training to all staff who have any contact or interaction with pupils during the schoolday. The training is also provided within 30 days of employment to new staff who have any contact or interaction with pupils during the schoolday. The nonpublic, nonsectarian school maintains written records of the training, and will provide written verification of the training upon request. The training shall comply with the requirements of subparagraphs (B) and (C) of paragraph (4) of subdivision (a) of Section 56366.1. (g) Commencing with the 2024–25 school year, for any pupil served by the school who is a foster child as defined in subdivision (a) of Section 48853.5, the school agrees to do both of the following: (1) Serve as the school of origin of the foster child, as applicable pursuant to subdivision (g) of Section 48853.5. (2) Allow the foster child to continue their education in the school, as applicable pursuant to subdivisions (f) and (g) of Section 48853.5. (Amended by Stats. 2023, Ch. 812, Sec. 3. (AB 723) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.11. Source version: id_35575675-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) The department shall implement a program to integrate individuals with exceptional needs placed in nonpublic, nonsectarian schools into public schools, as appropriate. Under the program, a pupil placed in a nonpublic, nonsectarian school and each individual who has the right to make educational decisions for the pupil shall be informed of all his or her rights relating to the educational placement of the pupil. Existing dispute resolution procedures involving public school enrollment or attendance shall be explained to a pupil placed in a nonpublic, nonsectarian school in an age- and developmentally appropriate manner. The Foster Child Ombudsman shall disseminate the information on education rights to every foster child residing in a licensed children’s institution or foster family home. (b) Following the development of the next statewide assessment contract, the department shall submit to the Legislature a report on the academic progress of pupils attending nonpublic, nonsectarian schools serving individuals with exceptional needs. Using the results of the two most recent years of the Standardized Testing and Reporting (STAR) Program and the California Alternative Performance Assessment, the report shall summarize by district the achievement of all pupils attending a nonpublic, nonsectarian school. The department shall ensure that the report does not violate the confidentiality of individual pupil scores. In addition, the report shall include an academic performance index score for pupils attending nonpublic, nonsectarian schools for each district using the same procedures as under Section 52052. (Amended by Stats. 2005, Ch. 22, Sec. 49. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56366.12. Source version: id_2ea84cb6-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. A nonpublic, nonsectarian school shall ensure private and confidential communication, including telecommunication, between a pupil of the nonpublic, nonsectarian school and members of the pupil’s individualized education program team and the department’s Constituent Services Office, at the pupil’s discretion. (Amended by Stats. 2025, Ch. 579, Sec. 6. (SB 373) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56367. Source version: id_da2389ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) Placements in state special schools pursuant to Sections 59020, 59120, and 59220 shall be made only as a result of recommendations from the individualized education program team, upon a finding that no appropriate placement is available in the local plan area. (b) Notwithstanding the provisions of subdivision (a), referrals for further assessment and recommendations to the California Schools for the Deaf and Blind or the Diagnostic Centers, pursuant to Section 56326, shall not constitute placements in state special schools. (Amended by Stats. 1993, Ch. 1296, Sec. 17. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56368. Source version: id_da2389af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. (a) A program specialist is a specialist who holds a valid special education credential, clinical services credential, health services credential, or a school psychologist authorization and has advanced training and related experience in the education of individuals with exceptional needs and a specialized in-depth knowledge in preschool disabilities, career vocational development, or one or more areas of major disabling conditions. (b) A program specialist may do all the following: (1) Observe, consult with, and assist resource specialists, designated instruction and services instructors, and special class teachers. (2) Plan programs, coordinate curricular resources, and evaluate effectiveness of programs for individuals with exceptional needs. (3) Participate in each school’s staff development, program development, and innovation of special methods and approaches. (4) Provide coordination, consultation and program development primarily in one specialized area or areas of his or her expertise. (5) Be responsible for assuring that pupils have full educational opportunity regardless of the district of residence. (c) For purposes of Section 41403, a program specialist shall be considered a pupil services employee, as defined in subdivision (c) of Section 41401. (Amended by Stats. 1992, Ch. 759, Sec. 31. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 4. Implementation [56360 - 56369] SECTION 56369. Source version: id_f2f6047a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=4. A local educational agency may contract with another public agency to provide special education or related services to an individual with exceptional needs. (Amended by Stats. 2007, Ch. 56, Sec. 65. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 5. Review [56380 - 56383] SECTION 56380. Source version: id_ea229b7e-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=5. (a) Pursuant to subparagraphs (A) and (B) of paragraph (4) of subsection (d) of Section 1414 of Title 20 of the United States Code, the local educational agency shall maintain procedures to ensure that the individualized education program team does both of the following: (1) Reviews the pupil’s individualized education program periodically, but not less frequently than annually, to determine whether the annual goals for the pupil are being achieved. (2) Revises the individualized education program as appropriate to address, among other matters, the provisions specified in subdivision (d) of Section 56341.1. (b) The annual review of an individualized education program shall be conducted in accordance with the notice and scheduling requirements for the initial assessment. (c) This section does not preclude other meetings of the individualized education program team from occurring as provided in Section 56343. (Amended by Stats. 2005, Ch. 653, Sec. 34. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 5. Review [56380 - 56383] SECTION 56380.1. Source version: id_7025d0ec-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=5. (a) In making changes to a pupil’s individualized education program after the annual individualized education program meeting for a school year, the parent of the individual with exceptional needs and the local educational agency may agree, pursuant to Section 1414(d)(3)(D) of Title 20 of the United States Code, not to convene an individualized education program meeting for the purposes of making those changes, and instead may develop a written document, signed by the parent and by a representative of the local educational agency, to amend or modify the pupil’s existing individualized education program. (b) Changes to the individualized education program may be made, in accordance with Section 1414(d)(3)(F) of Title 20 of the United States Code and Section 300.324(a)(6) of Title 34 of the Code of Federal Regulations, either by the entire individualized education program team at an individualized education program team meeting, or, as provided in subdivision (a), by amending the individualized education program rather than by redrafting the entire individualized education program. Upon request, a parent shall be provided with a revised copy of the individualized education program with the amendments incorporated. (c) If changes are made to the pupil’s individualized education program, in accordance with subdivisions (a) and (b), the local educational agency shall ensure that the pupil’s individualized education program team is informed of those changes as required by Section 300.324(a)(4)(ii) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 454, Sec. 25. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 5. Review [56380 - 56383] SECTION 56381. Source version: id_7072433e-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=5. (a) (1) A reassessment of the pupil, based upon procedures specified in Section 56302.1 and in Article 2 (commencing with Section 56320), and in accordance with Section 1414(a), (b), and (c) of Title 20 of the United States Code, shall be conducted if the local educational agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the pupil warrant a reassessment, or if the pupil’s parents or teacher requests a reassessment. (2) A reassessment shall occur not more frequently than once a year, unless the parent and the local educational agency agree otherwise, and shall occur at least once every three years, unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary. If the reassessment so indicates, a new individualized education program shall be developed. (b) As part of a reassessment, the individualized education program team and other qualified professionals, as appropriate, shall do the following: (1) Review existing assessment data on the pupil, including assessments and information provided by the parents of the pupil, as specified in Section 300.305(a)(1)(i) of Title 34 of the Code of Federal Regulations, current classroom-based assessments and observations, and teacher and related services providers’ observations. (2) On the basis of the review conducted pursuant to paragraph (1), and input from the parents of the pupil, identify what additional data, if any, is needed to determine: (A) Whether the pupil continues to have a disability described in Section 1401(3) of Title 20 of the United States Code. (B) The present levels of performance and educational needs of the pupil. (C) Whether the pupil continues to need special education and related services. (D) Whether any additions or modifications to the special education and related services are needed to enable the pupil to meet the measurable annual goals set out in the individualized education program of the pupil and to participate, as appropriate, in the general curriculum. (c) The local educational agency shall administer tests and other assessment materials needed to produce the data identified by the individualized education program team. (d) If the individualized education program team and other qualified professionals, as appropriate, determine that no additional data is needed to determine whether the pupil continues to be an individual with exceptional needs, and to determine the educational needs of the pupil, the local educational agency shall notify the parents of the pupil of that determination and the reasons for it, and the right of the parents to request an assessment to determine whether the pupil continues to be an individual with exceptional needs, and to determine the educational needs of the pupil. The local educational agency is not required to conduct an assessment, unless requested by the parents of the pupil. (e) A local educational agency shall assess an individual with exceptional needs in accordance with this section and procedures specified in Article 2 (commencing with Section 56320), as provided in Section 300.306(c)(2) of Title 34 of the Code of Federal Regulations. (f) (1) A reassessment may not be conducted, unless the written consent of the parent is obtained prior to reassessment, except pursuant to subdivision (e) of Section 56506. Pursuant to Section 300.300(c)(1) and (2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained for the reassessment of an individual with exceptional needs if the local educational agency can demonstrate that it has taken reasonable measures to obtain that consent and the parent of the child has failed to respond. (2) To meet the reasonable measure requirements of this subdivision, the local educational agency shall use procedures consistent with those set forth in Section 300.322(d) of Title 34 of the Code of Federal Regulations. (3) If the parent refuses to consent to the reassessment, the local educational agency may, but is not required to, pursue the reassessment by using the consent override procedures described in Section 300.300(a)(3) of Title 34 of the Code of Federal Regulations. (4) The local educational agency does not violate its obligations under Section 300.111 and Sections 300.301 to 300.311, inclusive, of Title 34 of the Code of Federal Regulations if it declines to pursue the reassessment. (g) The individualized education program team and other qualified professionals referenced in subdivision (b) may conduct the review without a meeting, as provided in Section 300.305(b) of Title 34 of the Code of Federal Regulations. (h) Before determining that the individual is no longer an individual with exceptional needs, a local educational agency shall assess the individual in accordance with Section 56320 and this section, as appropriate, and in accordance with Section 1414 of Title 20 of the United States Code. (i) (1) The assessment described in subdivision (h) shall not be required before the termination of a pupil’s eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for a free appropriate public education under Section 56026. (2) For a pupil whose eligibility under this part terminates under circumstances described in paragraph (1), a local educational agency shall provide the pupil with a summary of the academic achievement and functional performance of the pupil, which shall include recommendations on the manner in which to assist the pupil in meeting his or her postsecondary educational goals as required in Section 1414(c)(5)(B)(ii) of Title 20 of the United States Code. (j) To the extent possible, the local educational agency shall encourage the consolidation of reassessment meetings for the individual with exceptional needs and other individualized education program team meetings for the individual. (Amended by Stats. 2007, Ch. 454, Sec. 26. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 5. Review [56380 - 56383] SECTION 56382. Source version: id_da3f00f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=5. All review and reassessment procedures for individuals with exceptional needs who are younger than three years of age shall be provided pursuant to Chapter 4.4 (commencing with Section 56425) and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. (Added by Stats. 1993, Ch. 1296, Sec. 17.1. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 5. Review [56380 - 56383] SECTION 56383. Source version: id_f346bc8c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=5. Pursuant to Section 300.325(b) of Title 34 of the Code of Federal Regulations, after an individual with exceptional needs is placed in a nonpublic, nonsectarian school under Section 56366, any meetings to review and revise the pupil’s individualized education program may be conducted by the nonpublic, nonsectarian school at the discretion of the local educational agency. However, even if a nonpublic, nonsectarian school implements a child’s individualized education program, responsibility for compliance with this part and with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations remains with the local educational agency pursuant to Section 300.325(c) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 66. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4. Identification and Referral, Assessment, Instructional Planning, Implementation,and Review [56300 - 56385] ARTICLE 6. Participation in Statewide and Districtwide Assessment Programs [56385- 56385.] SECTION 56385. Source version: id_eb0d97c4-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.&article=6. (a) As provided in paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code, individuals with exceptional needs shall be included in general statewide and districtwide assessment programs, including assessments described under Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs. (b) The Superintendent, or in the case of a districtwide assessment, the local educational agency, shall develop and implement guidelines for the participation of individuals with exceptional needs in alternate assessments for those pupils who cannot participate in regular assessments described in subdivision (a) with accommodations as indicated by their respective individualized education programs. The guidelines shall provide for alternate assessments that meet the following requirements: (1) Are aligned with the state’s challenging academic content standards and challenging pupil academic achievement standards. (2) If the state has adopted alternate academic achievement standards permitted under the regulations promulgated to carry out paragraph (1) of subsection (b) of Section 1111 of the Elementary and Secondary Education Act of 1965, measure the achievement of individuals with exceptional needs against those standards. (c) The department, or in the case of a districtwide assessment, the local educational agency, shall make available to the public reports regarding the assessment of pupils that have been identified as individuals with exceptional needs with the same frequency and in the same detail as it reports on the assessment of pupils that have not been so identified, in accordance with subparagraph (D) of paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code. (d) The Superintendent, or, in the case of a districtwide assessment, the local educational agency, shall, to the extent feasible, pursuant to subparagraph (E) of paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code, use universal design principles in developing and administering any assessments under this section. (Amended by Stats. 2005, Ch. 653, Sec. 37. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] SECTION 56390. Source version: id_da420e43-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.1.&article= Notwithstanding Section 51412 or any other provision of law, a local educational agency may award an individual with exceptional needs a certificate or document of educational achievement or completion if the requirements of subdivision (a), (b), or (c) are met. (a) The individual has satisfactorily completed a prescribed alternative course of study approved by the governing board of the school district in which the individual attended school or the school district with jurisdiction over the individual and identified in his or her individualized education program. (b) The individual has satisfactorily met his or her individualized education program goals and objectives during high school as determined by the individualized education program team. (c) The individual has satisfactorily attended high school, participated in the instruction as prescribed in his or her individualized education program, and has met the objectives of the statement of transition services. (Added by renumbering Section 56375 by Stats. 2000, Ch. 1058, Sec. 111. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] SECTION 56391. Source version: id_da420e45-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.1.&article= An individual with exceptional needs who meets the criteria for a certificate or document described in Section 56390 shall be eligible to participate in any graduation ceremony and any school activity related to graduation in which a pupil of similar age without disabilities would be eligible to participate. The right to participate in graduation ceremonies does not equate a certificate or document described in Section 56390 with a regular high school diploma. (Amended by Stats. 2001, Ch. 734, Sec. 57. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.1. Recognition for Educational Achievement or Completion of Program [56390 - 56392] SECTION 56392. Source version: id_da420e47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.1.&article= It is not the intent of the Legislature by enacting this chapter to eliminate the opportunity for an individual with exceptional needs to earn a standard diploma issued by a local or state educational agency when the pupil has completed the prescribed course of study and has passed the proficiency requirements with or without differential standards. (Amended by Stats. 2002, Ch. 1168, Sec. 54. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56400. Source version: id_7ff192c7-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= It is the intent of the Legislature, through enactment of this chapter and as required by state and federal law, to do all of the following: (a) Ensure that children and young adults with disabilities are provided a free and appropriate public education in the least restrictive environment possible in accordance with their needs and capabilities and applicable federal and state law and regulations. (b) Ensure that children and young adults with disabilities receive the necessary educational support and services they need to complete their education with the skills they need to meaningfully participate in their communities. (c) Offer parents and families of children and young adults with disabilities access to accurate information, specialized training, and peer-to-peer support in their communities in a linguistically and culturally affirming manner. (d) Ensure that parents and families of children and young adults with disabilities are full participants in their child’s education, school reform, and comprehensive systems change efforts. (e) Build upon existing local and regional service delivery systems to improve, expand, and offer coordinated technical assistance to the network of existing resources available for parents and families of children and young adults with disabilities. (Amended by Stats. 2021, Ch. 44, Sec. 88. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56402. Source version: id_7f7e70bc-fed3-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= (a) The department shall award grants to establish Family Empowerment Centers on Disability. In the first year of operation, the department shall award these grants no later than February 15, 2002. In subsequent years, to the extent funding is available, the department shall award these grants no later than February 15 of that year, except as specified in paragraph (1) of subdivision (b). (b) (1) The department shall, by March 1, 2022, award grants to establish new Family Empowerment Centers on Disability in the 41 regions in the state established under the Early Start Family Resource Centers that do not have a Family Empowerment Center on Disability. (2) In making awards pursuant to this subdivision, the Superintendent shall give priority to applicants that are able to ensure continuity of support for families transitioning from services under Part C to Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), either because the applicant operates a program of family support for parents of children with disabilities up to three years of age, or the applicant works in close partnership with an organization that does so, and shall take into consideration the capacity of applicants to carry out the activities specified in Section 56408. (c) Once funding is secured, and annually until all centers are established, the department shall submit a report to the appropriate policy and fiscal committees of the Legislature documenting progress in establishing new centers pursuant to this section. (d) The department shall develop the grant application, with advice from stakeholders, including parents and family members of children with disabilities, adults with disabilities, the Advisory Commission on Special Education, and representatives of community agencies serving children and adults with disabilities. (e) The sum of twenty-five thousand dollars ($25,000) shall be made available to the department, from the funds appropriated for purposes of this chapter, for the purpose of securing an outside contractor to develop a request for proposal, disseminate the proposal, empanel readers to evaluate the proposals, and cover other costs related to this process. (Amended by Stats. 2022, Ch. 52, Sec. 90. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56404. Source version: id_da4e6a5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= To be eligible to receive funding to establish Family Empowerment Centers on Disability pursuant to this chapter, applicants shall meet the following organizational requirements: (a) Be a nonprofit charitable organization organized under the Internal Revenue Code pursuant to paragraph (3) of subdivision (c) of Section 501 of Title 26 of the United States Code. (b) Be staffed primarily by parents, guardians, and family members of children and young adults with disabilities and by adults with disabilities. (c) Have as a majority of board members of each center, parents, guardians, and family members of children and young adults with disabilities who have experience with local or regional disability systems and educational resources. Additional members shall include, but not be limited to, persons with disabilities and representatives of community agencies serving adults with disabilities, and other community agencies. (d) Demonstrate the capacity to provide services in accordance with the family support guidelines developed by the Early Start Family Resource Centers pursuant to Section 95004 of the Government Code and administered by the State Department of Developmental Services, and Parent Training Information Centers established pursuant to Sections 1482 and 1483 of Title 20 of the United States Code. (Amended by Stats. 2002, Ch. 664, Sec. 67. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56406. Source version: id_86eada0b-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= (a) The department shall issue requests for proposals, select grantees, and award grants pursuant to this chapter. Grants awarded to Family Empowerment Centers on Disability by the department shall be based upon a formula that does both of the following: (1) Establishes a minimum base rate of one hundred fifty thousand dollars ($150,000) for each center to provide the basic services pursuant to this chapter and serve parents and families of children and young adults 3 to 18 years of age, inclusive, and young adults 19 to 22 years of age, inclusive, who had an individualized education program before their 18th birthday. (2) Establishes an allocation mechanism that is determined according to school enrollment of the region served. (b) Commencing on July 1, 2021, grants awarded to Family Empowerment Centers on Disability by the department shall be based upon a formula that does both of the following: (1) Establishes a minimum base rate of two hundred forty-six thousand dollars ($246,000) for each center to provide the basic services pursuant to this chapter and serve parents and families of children and young adults 3 to 18 years of age, inclusive, and young adults 19 to 22 years of age, inclusive, who had an individualized education program before their 18th birthday. (2) Establishes an allocation mechanism that is determined according to school enrollment of the region served. (c) The department shall give positive consideration to applicants proposing to establish new Family Empowerment Centers on Disability to serve regions that have high concentrations of pupils who qualify for free or reduced-price meals. (d) Each grant applicant shall demonstrate all of the following: (1) Knowledge of the needs of underserved parents and families of children and young adults with disabilities in the area to be served will be effectively met. (2) The ability to conduct effective community engagement to assess family needs on a regular basis. (3) Expertise in providing effective training and information to parents and families to meet their identified needs. (4) How services will be delivered in a manner that accomplishes all of the following: (A) All families have access to services regardless of cultural, linguistic, geographical, socioeconomic, or other similar barriers. (B) Services are provided in accordance with families’ linguistic and cultural preferences and needs. (C) Services are coordinated with the existing family support organizations within the region, including, but not limited to, Early Start Family Resource Centers, or other organizations that provide family support for parents of children with disabilities up to three years of age. (D) Promotes positive parent and professional collaboration with local educational agencies, special education local plan areas, and other community agencies. (Amended by Stats. 2021, Ch. 44, Sec. 90. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56408. Source version: id_8a6b754d-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= (a) As a condition of receipt of funds, each Family Empowerment Center on Disability that receives assistance under this chapter and serves the parents and families of children and young adults 3 to 18 years of age, inclusive, and young adults 19 to 22 years of age, inclusive, who had an individualized education program before their 18th birthday shall do all of the following: (1) Provide training and information that meets the training and information needs of parents and families of children and young adults with disabilities living in the area served by the center, particularly those families and individuals who have been underserved. (2) Work with community-based organizations, including community advisory committees established pursuant to Article 7 (commencing with Section 56190) of Chapter 2, parent advisory committees of one or more local educational agencies in their service region established pursuant to Sections 52063 and 52069, and state and local agencies serving children with disabilities. (3) Train and support parents and families of children and young adults with disabilities to do all of the following: (A) Better understand the nature of their children’s disabilities and their children’s educational and developmental needs, including the benefits of inclusion in a least restrictive educational environment. (B) Participate in activities to address disparities in opportunities and improve outcomes for children and young adults with disabilities. (C) Advocate for the child’s needs in a manner that promotes alternative forms of dispute resolution and positive relationships between parents and professionals. (4) Support parents with how to access language access support, including interpretation and translation of written materials, that is additional to language access support required to be provided by local educational agencies. (5) Support parents in navigating referrals for services, such as support for pupil and family needs, respite services, physical and mental health services, and other necessary services depending on family circumstances. (6) Assist parents in accessing support through other programs, such as the Foster Youth Services Coordinating Program and programs administered by the State Department of Developmental Services and the Department of Rehabilitation. (7) Support parents in communicating effectively with personnel responsible for providing special education, early intervention, and related services. (8) Serve as a resource to parents and families in decisionmaking processes and the development of individualized education programs. (9) Provide parents appropriate information regarding the range of options, programs, services, and resources available to assist children and young adults with disabilities and their families. (10) Subject to the availability of resources and upon parental request, attend individualized education program development meetings that include parents and personnel responsible for assessing pupil eligibility for special education and early intervention services. (11) Submit data annually, in accordance with the data template established by the department pursuant to subdivision (b) of Section 56411, no later than a date selected by the Superintendent. The Superintendent shall select this date by June 30, 2022. (b) (1) Following the initial awarding of a grant to a Family Empowerment Center on Disability, the department shall assess the center’s eligibility for continued funding, at a minimum, as follows: (A) For a Family Empowerment Center on Disability established during or after the 2020–21 fiscal year, the department shall assess the center’s eligibility every five years after the center is established. (B) For a Family Empowerment Center on Disability established before the 2020–21 fiscal year, the department shall assess the center’s eligibility during the 2023–24 fiscal year and every five years thereafter. (2) Assessments conducted pursuant to this subdivision shall be based on a Family Empowerment Center on Disability’s demonstrated ability to meet the requirements of subdivision (a). (Amended by Stats. 2021, Ch. 44, Sec. 91. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56410. Source version: id_8de8670f-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= A statewide Family Empowerment and Disability Council, composed of the executive directors for the Family Empowerment Centers on Disability, shall be established. Membership on the Family Empowerment and Disability Council may also include the executive director or representative from the Early Start Family Resource Centers, funded by the State Department of Developmental Services, and from the parent centers funded by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). The department shall contract with an outside entity experienced with developing a statewide technical assistance disability network to facilitate the council. A base amount of two hundred forty-six thousand dollars ($246,000) shall be made available, from the annual appropriation made for the Family Empowerment Centers on Disability, to support the work of the council. The Family Empowerment and Disability Council shall, at a minimum, do all of the following: (a) Provide central coordination of training and information dissemination, content, and materials for Family Empowerment Centers on Disability to ensure parents across the state have equitable access to training and information. (b) Develop a technical assistance system and activities to support continuous improvement of the Family Empowerment Centers on Disability in accordance with a plan developed in conjunction with the directors of the Family Empowerment Centers on Disability. (c) Ensure that an outside entity provides assistance in developing a statewide technical assistance disability network, and performs an annual, independent evaluation of the effectiveness of the services provided by Family Empowerment Centers on Disability that shall include, but is not limited to, an evaluation of the data points listed in subdivision (b) of Section 56411. The goal shall be to improve center management, parental satisfaction with the services received, and the quality and effectiveness of services delivered. (d) Assist each center to build its capacity to serve its geographic region. (e) Conduct media outreach and other public education efforts to promote the goals of the Family Empowerment Centers on Disability. (f) Support and participate with the department in activities aligned with improvement activities within the statewide system of support established pursuant to Section 52059.5. (Amended by Stats. 2021, Ch. 44, Sec. 92. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56411. Source version: id_15e60e03-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= (a) The department, on or before June 30, 2022, shall develop or update a uniform and coordinated tracking and data collection system, and establish or update outcome-based evaluation procedures and processes, for use by Family Empowerment Centers on Disability to demonstrate the centers’ ability to meet the requirements of Section 56408. The tracking and data collection system shall not be duplicative of, and shall interface with, existing special education data systems. (b) The department, on or before June 30, 2022, shall develop a data collection template for use by Family Empowerment Centers on Disability that shall include, but is not limited to, all of the following: (1) The number of parent and family trainings provided by the center, including, but not limited to, trainings on individualized education programs and least restrictive educational environments. (2) The number of individualized education program meetings attended by personnel of a center. (3) The disability categories of children and young adults served by the center. (4) Demographic information of parents and pupils served by the center, including, but not limited to, the pupil’s disability, the pupil’s free or reduced-price meal eligibility, English learner classification, and the parent’s primary language. (5) The nature of disagreements between parents and schools or school districts, and the manner in which these disagreements were resolved with the assistance of the center. (6) Measures of parental satisfaction with services provided by the center collected in a standardized format across centers to allow for comparable survey results. (c) The department shall provide guidance to Family Empowerment Centers on Disability on how to define and report data for purposes of this section. (d) The department shall consult with the Family Empowerment and Disability Council on the development of the data collection template. (Added by Stats. 2021, Ch. 44, Sec. 93. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56412. Source version: id_da5918c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= When at least four Family Empowerment Centers on Disability have been in operation for two years, the State Department of Education shall contract, pursuant to funding made available in that fiscal year’s Budget Act, with an outside entity to conduct an evaluation of the effectiveness of the services provided by the centers, including, but not limited to, the number of parents who have been trained, the number of cases handled by the centers, an estimate of the number of lawsuits avoided, and the overall effectiveness of the centers. (Added by Stats. 2001, Ch. 690, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56414. Source version: id_da5918c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= The State Department of Education is required to implement this chapter only if an appropriation is made for this purpose in the Budget Act. (Added by Stats. 2001, Ch. 690, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.3. Family Empowerment Centers on Disability [56400 - 56415] SECTION 56415. Source version: id_1a56fcb5-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.3.&article= On or before June 30, 2023, the department shall do both of the following: (a) Inform parents of children with disabilities of the availability of Family Empowerment Centers on Disability services by including in its notice of procedural safeguards information on the purpose of the centers and the web address of its internet website that lists contact information for the centers. (b) Include the information described in subdivision (a) on all of the department’s translated versions of its notice of procedural safeguards and on a sample notice of procedural safeguards that it shall maintain on its internet website. (Repealed and added by Stats. 2021, Ch. 44, Sec. 95. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56425. Source version: id_8d38c3ad-c10f-11dc-af68-a426a58d9b11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= As a condition of receiving state aid pursuant to this part, a local educational agency that operated early education programs for individuals with exceptional needs younger than three years of age, as defined in Section 56026, and that received state or federal aid for special education for those programs in the 1980–81 fiscal year, shall continue to operate early education programs in the 1981–82 fiscal year and each fiscal year thereafter. If a local educational agency offered those programs in the 1980–81 fiscal year but in a subsequent year transfers the programs to another local educational agency, the local educational agency shall be exempt from the provisions of this section in any year when the programs are offered by the local educational agency to which they were transferred. A local educational agency that is required to offer a program pursuant to this section shall be eligible for funding pursuant to Section 56432. This section shall become operative on July 1, 1998. (Amended by Stats. 2007, Ch. 56, Sec. 67. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56425.5. Source version: id_ef71b803-3b72-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= The Legislature hereby finds and declares that early education programs for infants identified as individuals with exceptional needs that provide educational services with active parent involvement, can significantly reduce the potential impact of many disabling conditions, and positively influence later development when the child reaches schoolage. Early education programs funded pursuant to Sections 56427, 56428, and 56432 shall provide a continuum of program options provided by a transdisciplinary team to meet the multiple and varied needs of infants and their families. Recognizing the parent as the infant’s primary teacher, it is the Legislature’s intent that early education programs shall include opportunities for the family to receive home visits and to participate in family involvement activities pursuant to Sections 56426.1 and 56426.4. It is the intent of the Legislature that, as an infant grows older, program emphasis would shift from home-based services to a combination of home-based and group services. It is further the intent of the Legislature that services rendered by state and local agencies serving infants with exceptional needs and their families be coordinated and maximized. This section shall become operative on July 1, 1998. (Repealed (in Sec. 40) and added by Stats. 1997, Ch. 854, Sec. 41. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426. Source version: id_da5a9f71-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= An early education program shall include services specially designed to meet the unique needs of infants, from birth to three years of age, and their families. The primary purpose of an early education program is to enhance development of the infant. To meet this purpose, the program shall focus upon the infant and his or her family, and shall include home visits, group services, and family involvement activities. Early education programs funded pursuant to Sections 56427, 56428, and 56432 shall include, as program options, home-based services pursuant to Section 56426.1 and home-based and group services pursuant to Section 56426.2, and shall be provided in accordance with the Individuals with Disabilities Education Act (20 U.S.C. Secs. 1431 to 1445, incl.), and the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. This section shall become operative on July 1, 1998. (Amended by Stats. 1998, Ch. 691, Sec. 43. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.1. Source version: id_efc4e115-3b72-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) Home-based early education services funded pursuant to Sections 56427, 56428, and 56432 shall include, but not be limited to, all of the following: (1) Observing the infant’s behavior and development in his or her natural environment. (2) Presenting activities that are developmentally appropriate for the infant and are specially designed, based on the infant’s exceptional needs, to enhance the infant’s development. Those activities shall be developed to conform with the infant’s individualized family service plan and to ensure that they do not conflict with his or her medical needs. (3) Modeling and demonstrating developmentally appropriate activities for the infant to the parents, siblings, and other caregivers, as designated by the parent. (4) Interacting with the family members and other caregivers, as designated by the parent, to enhance and reinforce their development of skills necessary to promote the infant’s development. (5) Discussing parental concerns related to the infant and the family, and supporting parents in coping with their infant’s needs. (6) Assisting parents to solve problems, to seek other services in their community, and to coordinate the services provided by various agencies. (b) The frequency of home-based services shall be once or twice a week, depending on the needs of the infant and the family. (c) This section shall become operative on July 1, 1998. (Repealed (in Sec. 44) and added by Stats. 1997, Ch. 854, Sec. 45. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.2. Source version: id_f0180a27-3b72-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) Early education services funded pursuant to Sections 56427, 56428, and 56432 shall be provided through both home visits and group settings with other infants, with or without the parent. Home-based and group services shall include, but not be limited to, all of the following: (1) All services identified in subdivision (a) of Section 56426.1. (2) Group and individual activities that are developmentally appropriate and specially designed, based on the infant’s exceptional needs, to enhance the infant’s development. Those activities shall be developed to conform with the infant’s individualized family service plan and to ensure that they do not conflict with his or her medical needs. (3) Opportunities for infants to socialize and participate in play and exploration activities. (4) Transdisciplinary services by therapists, psychologists, and other specialists as appropriate. (5) Access to various developmentally appropriate equipment and specialized materials. (6) Opportunities for family involvement activities, including parent education and parent support groups. (b) Services provided in a center under this chapter shall not include child care or respite care. (c) The frequency of group services shall not exceed three hours a day for up to, and including, three days a week, and shall be determined on the basis of the needs of the infant and the family. (d) The frequency of home visits provided in conjunction with group services shall range from one to eight visits per month, depending on the needs of the infant and the family. (e) Group services shall be provided on a ratio of no more than four infants to one adult. (f) Parent participation in group services shall be encouraged. (g) This section shall become operative on July 1, 1998. (Repealed (in Sec. 46) and added by Stats. 1997, Ch. 854, Sec. 47. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.25. Source version: id_8d8fe45f-c10f-11dc-af68-a426a58d9b11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= The maximum service levels set forth in Sections 56426.1 and 56426.2 apply only for purposes of the allocation of funds for early education programs pursuant to Sections 56427, 56428, and 56432, and may be exceeded by a local educational agency, in accordance with the infants’ individualized family service plan, provided that no change in the level of entitlement to state funding under this part thereby results. This section shall become operative on July 1, 1998. (Amended by Stats. 2007, Ch. 56, Sec. 68. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.3. Source version: id_da654dd9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= In addition to home-based or home-based and group early education services, related services as defined in Section 300.13 of Title 34 of the Code of Federal Regulations, as that section read on April 1, 1986, shall be available to infants and their families. Related services may be provided in the home or at the center according to needs of the infant and the family. (Added by Stats. 1986, Ch. 1296, Sec. 13.5. Operative July 1, 1987, by Sec. 25 of Ch. 1296.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.4. Source version: id_01644afb-3b73-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) Family involvement activities funded pursuant to Sections 56427, 56428, and 56432 shall support family members in meeting the practical and emotional issues and needs of raising their infant. These activities may include, but are not limited to, the following: (1) Educational programs that present information or demonstrate techniques to assist the family to promote their infant’s development. (2) Parent education and training to assist families in understanding, planning for, and meeting the unique needs of their infant. (3) Parent support groups to share similar experiences and possible solutions. (4) Instruction in making toys and other materials appropriate to their infant’s exceptional needs and development. (b) The frequency of family involvement activities shall be at least once a month. (c) Participation by families in family involvement activities shall be voluntary. (d) This section shall become operative on July 1, 1998. (Repealed (in Sec. 50) and added by Stats. 1997, Ch. 854, Sec. 51. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.5. Source version: id_da654ddd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= If the transdisciplinary team determines home-based and group early education services to be appropriate, but the parent chooses not to receive home-based services, group services shall be made available to the infant. Similarly, the choice not to participate in family involvement activities shall not limit the availability to the infant and his or her family of home-based services or home-based and group services as determined appropriate by the individualized education program team. (Amended by Stats. 1993, Ch. 1296, Sec. 17.6. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.6. Source version: id_ec67511e-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) Early education services shall be provided by a local educational agency through a transdisciplinary team consisting of a group of professionals from various disciplines, agencies, and parents who shall share their expertise and services to provide appropriate services for infants and their families. Each team member shall be responsible for providing and coordinating early education services for one or more infants and their families, and shall serve as a consultant to other team members and as a provider of appropriate related services to other infants in the program. (b) Credentialed personnel with expertise in vision or hearing impairments shall be made available by the local educational agency to early education programs serving infants identified in accordance with paragraph (2), (5), or (13) of subdivision (b) of Section 3030 of Title 5 of the California Code of Regulations, and shall be the primary providers of services under those programs whenever possible. (c) Transdisciplinary teams may include, but need not be limited to, qualified persons from the following disciplines: (1) Early childhood special education. (2) Speech and language therapy. (3) Nursing, with a skill level not less than that of a registered nurse. (4) Social work, psychology, or mental health. (5) Occupational therapy. (6) Physical therapy. (7) Audiology. (8) Parent-to-parent support. (d) A person who is authorized by the local educational agency to provide early education or related services to infants shall have appropriate experience in normal and atypical infant development and an understanding of the unique needs of families of infants with exceptional needs, or, absent that experience and understanding, shall undergo a comprehensive training plan for that purpose, which plan shall be developed and implemented as part of the staff development component of the local plan for early education services. (Amended by Stats. 2016, Ch. 186, Sec. 56. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.7. Source version: id_da66d481-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= Medically necessary occupational therapy and physical therapy shall be provided to the infant when warranted by medical diagnosis and contained in the individualized family service plan, as specified under Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 1994, Ch. 1288, Sec. 13. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.8. Source version: id_da66d483-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) Early education and related services shall be based on the needs of the infant and the family as determined by the individualized family service plan team, and shall be specified in the individualized family service plan, including the frequency and duration of each type of service. Any early education or related service may be provided only upon written parental consent. (b) The individualized family service plan for any infant shall be developed in consultation with the infant’s physician in order to ensure that the services specified in the plan do not conflict with the infant’s medical needs. (Amended by Stats. 1994, Ch. 1288, Sec. 14. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56426.9. Source version: id_f48c8304-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) Pursuant to Section 1437(a)(8) of Title 20 of the United States Code, a local educational agency shall ensure that each child participating in early childhood special education services pursuant to this chapter, and who will participate in preschool programs pursuant to Chapter 4.45 (commencing with Section 56440), experiences a smooth and effective transition to those preschool programs. (b) Pursuant to Sections 300.101(b) and 300.323(b) of Title 34 of the Code of Federal Regulations, a local educational agency, by the third birthday of a child described in subdivision (a), shall ensure that an individualized education program or an individualized family service plan has been developed and is being implemented for the child consistent with a free appropriate public education for children beginning at three years of age. (c) In accordance with Section 1437(a)(8) of Title 20 of the United States Code, a local educational agency shall participate in transition planning conferences arranged by the designated lead agency. (d) Any child who becomes three years of age while participating in early childhood special education services under this chapter may continue until June 30 of the current program year, if the individualized education program team determines that the preschooler is eligible pursuant to Section 56441.11, develops an individualized education program, and determines that the early childhood special education services remain appropriate. No later than June 30 of that year, the individualized education program team shall meet to review the preschooler’s progress and revise the individualized education program accordingly. The individualized education program team meeting shall be conducted by the local educational agency responsible for the provision of preschool special education services. Representatives of the early childhood special education program shall be invited to that meeting. If a child’s third birthday occurs during the summer, the child’s individualized education program team shall determine the date when services under the individualized education program will begin, pursuant to Section 300.101(b) of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 70. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56427. Source version: id_01b4b4ed-3b73-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) Not less than two million three hundred twenty-four thousand dollars ($2,324,000) of the federal discretionary funds appropriated to the State Department of Education under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) in any fiscal year shall be expended for early education programs for infants with exceptional needs and their families, until the department determines, and the Legislature concurs, that the funds are no longer needed for that purpose. (b) Programs ineligible to receive funding pursuant to Section 56425 or 56432 may receive funding pursuant to subdivision (a). (c) This section shall become operative on July 1, 1998. (Repealed (in Sec. 52) and added by Stats. 1997, Ch. 854, Sec. 53. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56428. Source version: id_da685b29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) For the 1985–86 fiscal year, and each fiscal year thereafter, any instructional personnel service unit that was used in the prior fiscal year to provide services to children younger than three years of age shall continue to be used for that purpose. If a special education local plan area becomes ineligible for all or any portion of those instructional personnel service units operated and fundable in the prior fiscal year, the Superintendent of Public Instruction shall allocate those units to another local plan area for the purpose of providing services to children younger than three years of age. (b) In the 1998–99 fiscal year, the instructional personnel service unit rates used to compute state funding under this chapter shall be adjusted to represent the actual, historic inflation adjustment amount funded for each provider of early education services under this chapter. To make this adjustment, the superintendent shall make the following calculation: (1) Divide the amount of funding received by the special education local plan area in the 1997–98 fiscal year from property taxes and state aid, after applying the deficit, for early education for individuals with exceptional needs by the amount the special education local plan area was entitled to receive for the 1997–98 fiscal year for that program. (2) Multiply the amount determined in paragraph (1) by the instructional personnel service unit rates for the 1997–98 fiscal year used to compute state funding for early education for individuals with exceptional needs prior to the application of the inflation adjustment for the 1998–99 fiscal year. (c) For the 1998–99 fiscal year, the department shall transfer an amount from schedule (a) to schedule (b) of Item 6110-161-0001 of Section 2.00 of the Budget Act of 1998, equal to the amount determined by the department, with the approval of the Department of Finance, to be the amount of funding received by the special education local plan area from property taxes in the 1997–98 fiscal year for early education programs for individuals with exceptional needs, multiplied by the inflation factor computed pursuant to Section 42238.1 for the 1998–99 fiscal year and adjusted for the estimated growth in average daily attendance for kindergarten and grades 1 to 12, inclusive, pursuant to the May Revision of the Governor’s Budget for the 1998–99 fiscal year. (Amended by Stats. 1998, Ch. 330, Sec. 12. Effective August 21, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56429. Source version: id_0201c37f-3b73-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= In order to assure the maximum utilization and coordination of local early education services, eligibility for the receipt of funds pursuant to Section 56425, 56427, 56428, or 56432 is conditioned upon the approval by the superintendent of a local plan for early education services, which approval shall apply for not less than one, nor more than four, years. The local plan shall identify existing public and private early education services, and shall include an interagency plan for the delivery of early education services in accordance with the California Early Intervention Services Act, Title 14 (commencing with Section 95000) of the Government Code. This section shall become operative on July 1, 1998. (Repealed (in Sec. 54) and added by Stats. 1997, Ch. 854, Sec. 55. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56430. Source version: id_024eab01-3b73-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) Early education services may be provided by any of the following methods: (1) Directly by a local educational agency. (2) Through an interagency agreement between a local educational agency and another public agency. (3) Through a contract with another public agency pursuant to Section 56369. (4) Through a contract with a certified nonpublic, nonsectarian school, or nonpublic, nonsectarian agency pursuant to Section 56366. (5) Through a contract with a nonsectarian hospital in accordance with Section 56361.5. (b) Contracts or agreements with agencies identified in subdivision (a) for early education services are strongly encouraged when early education services are currently provided by another agency, and when found to be a cost-effective means of providing the services. The placement of individual infants under the contract shall not require specific approval by the governing board of the district or the county office. (c) Early education services provided under this chapter shall be funded pursuant to Sections 56427, 56428, and 56432. (d) This section shall become operative on July 1, 1998. (Repealed (in Sec. 56) and added by Stats. 1997, Ch. 854, Sec. 57. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56431. Source version: id_c1db1c54-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= The Superintendent shall develop procedures and criteria to enable a local educational agency to contract with private nonprofit preschools or child development centers to provide special education and related services to infants and preschool age individuals with exceptional needs. The criteria shall include minimum standards that the private, nonprofit preschool or center shall be required to meet. (Amended by Stats. 2008, Ch. 179, Sec. 65. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.4. Early Education for Individuals with Exceptional Needs [56425 - 56432] SECTION 56432. Source version: id_da730991-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.4.&article= (a) For the 1998–99 fiscal year and each fiscal year thereafter, a special education local plan area shall be eligible for state funding of those instructional personnel service units operated and fundable for services to individuals with exceptional needs younger than three years of age at the second principal apportionment of the prior fiscal year, as long as the pupil count of these pupils divided by the number of instructional personnel service units is not less than the following: (1) For special classes and centers—12, based on the unduplicated pupil count. (2) For resource specialist programs—24, based on the unduplicated pupil count. (3) For designated instruction and services—12, based on the unduplicated pupil count, or 39, based on the duplicated pupil count. (b) A special education local plan area shall be eligible for state funding of instructional personnel service units for services to individuals with exceptional needs younger than three years of age in excess of the number of instructional personnel service units operated and fundable at the second principal apportionment of the prior fiscal year only with the authorization of the superintendent. (c) The superintendent shall base the authorization of funding for special education local plan areas pursuant to this section, including the reallocation of instructional personnel service units, upon criteria that shall include, but not be limited to, the following: (1) Changes in the total number of pupils younger than three years of age enrolled in special education programs. (2) High- and low-average caseloads per instructional personnel service unit for each instructional setting. (d) Infant programs in special classes and centers funded pursuant to this item shall be supported by two aides, unless otherwise required by the superintendent. (e) Infant services in resource specialist programs funded pursuant to this item shall be supported by one aide. (f) When units are allocated pursuant to this subdivision, the superintendent shall allocate only the least expensive unit appropriate. (g) Notwithstanding Sections 56211 and 56212, a special education local plan area may apply for, and the superintendent may grant, a waiver of any of the standards and criteria specified in this section if compliance would prevent the provision of a free, appropriate public education or would create undue hardship. In granting the waivers, the superintendent shall give priority to the following factors: (1) Applications from special education local plan areas for waivers for a period not to exceed three years to specifically maintain or increase the level of special education services necessary to address the special education service requirements of individuals with exceptional needs residing in sparsely populated districts or attending isolated schools designated in the application. (A) Sparsely populated districts are school districts that meet one of the following conditions: (i) A school district or combination of contiguous school districts in which the total enrollment is less than 600 pupils, kindergarten and grades 1 to 12, inclusive, and in which one or more of the school facilities is an isolated school. (ii) A school district or combination of contiguous school districts in which the total pupil density ratio is less than 15 pupils, kindergarten and grades 1 to 12, inclusive, per square mile and in which one or more of the school facilities is an isolated school. (B) Isolated schools are schools with enrollments of less than 600 pupils, kindergarten and grades 1 to 12, inclusive, that meet one or more of the following conditions: (i) The school is located more than 45 minutes average driving time over commonly used and well-traveled roads from the nearest school, including schools in adjacent special education local plan areas, with an enrollment greater than 600 pupils, kindergarten and grades 1 to 12, inclusive. (ii) The school is separated, by roads that are impassable for extended periods of time due to inclement weather, from the nearest school, including schools in adjacent special education local plan areas, with an enrollment greater than 600 pupils, kindergarten and grades 1 to 12, inclusive. (iii) The school is of a size and location that, when its enrollment is combined with the enrollments of the two largest schools within an average driving time of not more than 30 minutes over commonly used and well-traveled roads, including schools in adjacent special education local plan areas, the combined enrollment is less than 600 pupils, kindergarten and grades 1 to 12, inclusive. (iv) The school is the one of normal attendance for a severely disabled individual, as defined in Section 56030.5, or an individual with a low-incidence disability, as defined in Section 56026.5, who otherwise would be required to be transported more than 75 minutes, average one-way driving time over commonly used and well-traveled roads, to the nearest appropriate program. (2) The location of licensed children’s institutions, foster family homes, residential medical facilities, or similar facilities that serve children younger than three years of age and are within the boundaries of a local plan if 3 percent or more of the local plan’s unduplicated pupil count resides in those facilities. (h) By authorizing units pursuant to this section, the superintendent shall not increase the statewide total number of instructional personnel service units for purposes of state apportionments unless an appropriation specifically for growth in the number of instructional personnel service units is made in the annual Budget Act or other legislation. If that growth appropriation is made, units authorized by the superintendent pursuant to this section are subject to the restrictions that the units shall be funded only by that growth appropriation and no other funds may be apportioned for the units. (i) The superintendent shall monitor the use of instructional personnel service units retained or authorized by the granting of waivers pursuant to subdivision (h) to ensure that the instructional personnel service units are used in a manner wholly consistent with the basis for the waiver request. (j) This section shall become operative on July 1, 1998. (Added by Stats. 1997, Ch. 854, Sec. 58. Effective January 1, 1998. Section operative July 1, 1998, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56440. Source version: id_e02de4e8-898f-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= (a) Each special education local plan area shall submit to the Superintendent, as part of the local plan, information for providing special education and services to individuals with exceptional needs, as defined in Section 56026, who are between the ages of three and five years, inclusive. (b) All individuals with exceptional needs between the ages of three and five years, inclusive, identified in subdivision (a) shall be served by the local educational agencies within each special education local plan area, to the extent required under federal law and pursuant to the local plan and application approved by the Superintendent. (c) Individuals with exceptional needs between the ages of three and five years, inclusive, who are identified by the local educational agency as requiring special education and services shall be eligible for special education and services pursuant to this part. (d) Special education facilities operated by local educational agencies serving children under this chapter and Chapter 4.4 (commencing with Section 56425) shall meet all applicable standards relating to fire, health, sanitation, and building safety, but are not subject to Chapter 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), or 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code. (e) This chapter applies to all individuals with exceptional needs between the ages of three and five years, inclusive. (Amended by Stats. 2014, Ch. 327, Sec. 16. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441. Source version: id_8a14917a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= The Legislature hereby finds and declares that early education programs for individuals with exceptional needs between the ages of three and five years, inclusive, that provide special education and related services within the typical environment appropriate for young children, and include active parent involvement, may do the following: (a) Significantly reduce the potential impact of any disabling conditions. (b) Produce substantial gains in physical development, cognitive development, language and speech development, psychosocial development, and self-help skills development. (c) Help prevent the development of secondary disabling conditions. (d) Reduce family stresses. (e) Reduce societal dependency and institutionalization. (f) Reduce the need for special class placement in special education programs once a child reaches school age. (g) Save substantial costs to society and our schools. (Amended by Stats. 2006, Ch. 538, Sec. 126. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.1. Source version: id_da74903b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= (a) Services rendered by state and local agencies serving preschool children with exceptional needs and their families shall be provided in coordination with other state and local agencies. Educational agencies offering similar educational services shall coordinate and not duplicate these services. The Superintendent of Public Instruction shall identify similar services by other state and local agencies. (b) As the preschool child approaches the age to enter an elementary school environment, the child’s preparation shall be geared toward a readiness for kindergarten and later school success. (Amended by Stats. 2002, Ch. 1168, Sec. 56. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.2. Source version: id_da74903d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= An early education program for individuals with exceptional needs between the ages of three and five, inclusive, shall include specially designed services to meet the unique needs of preschool children and their families. To meet this purpose, the program focus is on the young child and his or her family and shall include both individual and small group services which shall be available in a variety of typical age-appropriate environments for young children, including the home, and shall include opportunities for active parent involvement. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.3. Source version: id_da7f3e9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= (a) Early education services for preschool children may be provided to individuals or small groups and shall include: (1) Observing and monitoring the child’s behavior and development in his or her environment. (2) Presenting activities that are developmentally appropriate for the preschool child and are specially designed, based on the child’s exceptional needs, to enhance the child’s development. Those activities shall be developed to conform with the child’s individualized education program and shall be developed so that they do not conflict with his or her medical needs. (3) Interacting and consulting with the family members, regular preschool teachers, and other service providers, as needed, to demonstrate developmentally appropriate activities necessary to implement the child’s individualized education program in the appropriate setting pursuant to Section 56441.4 and necessary to reinforce the expansion of his or her skills in order to promote the child’s educational development. These interactions and consultations may include family involvement activities. (4) Assisting parents to seek and coordinate other services in their community that may be provided to their child by various agencies. (5) Providing opportunities for young children to participate in play and exploration activities, to develop self-esteem, and to develop preacademic skills. (6) Providing access to various developmentally appropriate equipment and specialized materials. (7) Providing related services as defined in Section 300.13 of Title 34 of the Code of Federal Regulations, that include parent counseling and training to help parents understand the special needs of their children and their children’s development, as that section read on May 1, 1987. (b) The duration of group services shall not exceed four hours per day unless determined otherwise by the individualized education program team. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.4. Source version: id_da7f3ea1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= Appropriate settings for these services include any of the following: (a) The regular public or private nonsectarian preschool program. (b) The child development center or family day care home. (c) The child’s regular environment that may include the home. (d) A special site where preschool programs for both children with disabilities and children who are not disabled are located close to each other and have an opportunity to share resources and programming. (e) A special education preschool program with children who are not disabled attending and participating for all or part of the program. (f) A public school setting which provides an age-appropriate environment, materials, and services, as defined by the superintendent. (Amended by Stats. 1992, Ch. 759, Sec. 34. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.5. Source version: id_d05f487f-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= Appropriate instructional adult-to-child ratios for group services shall be dependent on the needs of the child. However, because of the unique needs of individuals with exceptional needs between the ages of three and five years, inclusive, who require special education and related services, the number of children per instructional adult shall be less than ratios set forth in subdivision (c) of Section 8264.8 for young children in a regular preschool program. Group services provided to individuals with exceptional needs between the ages of three and five years, inclusive, identified as severely disabled pursuant to Section 56030.5 shall not exceed an instructional adult-to-child ratio of one to five. (Amended by Stats. 2015, Ch. 386, Sec. 28. (SB 436) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.6. Source version: id_da7f3ea5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= Early education services for preschool children shall be provided through a transdisciplinary team approach of professionals as described in Section 56426.6. Responsibilities of early education program staff shall include consultation with regular preschool program providers, consultation with other specialists, assessment services, and direct services. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.7. Source version: id_da7f3ea7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= (a) The maximum caseload for a speech and language specialist providing services exclusively to individuals with exceptional needs, between the ages of three and five years, inclusive, as defined in Section 56441.11 or 56026, shall not exceed a count of 40. (b) The superintendent shall issue caseload guidelines or proposed regulations to local educational agencies for individuals with exceptional needs between the ages of three and five years, inclusive, by January 1, 1988. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.8. Source version: id_da7f3ea9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= Early education services for preschoolers may be provided by any of the following methods: (a) Directly by a local educational agency. (b) Through an interagency agreement between a local educational agency and another public agency. (c) Through a contract with another public agency pursuant to Section 56369. (d) Through a contract with a certified nonpublic, nonsectarian school; or nonpublic, nonsectarian agency pursuant to Section 56366. (e) Through a contract with a nonsectarian hospital in accordance with Section 56361.5. (Amended by Stats. 1991, Ch. 756, Sec. 32. Effective October 9, 1991.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.9. Source version: id_da80c54b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= Contracts or agreements with agencies identified in Section 56441.8 are strongly encouraged when these services are currently provided by another agency, and when found to be a cost-effective means of providing the services. The placement of an individual preschool child under any of these contracts shall not require specific approval by the governing board of the school district or the county superintendent of schools. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.11. Source version: id_f33ce3c0-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= (a) Notwithstanding any other law or regulation, the special education eligibility criteria in subdivision (b) shall apply to preschool children, between the ages of three and five years. (b) A preschool child, between the ages of three and five years, qualifies as a child who needs early childhood special education services if the child meets the following criteria: (1) Is identified as having one of the following disabling conditions, as defined in Section 300.8 of Title 34 of the Code of Federal Regulations, or an established medical disability, as defined in subdivision (d): (A) Autism. (B) Deaf-blindness. (C) Deafness. (D) Hearing impairment. (E) Intellectual disability. (F) Multiple disabilities. (G) Orthopedic impairment. (H) Other health impairment. (I) Emotional disturbance. (J) Specific learning disability. (K) Speech or language impairment in one or more of voice, fluency, language and articulation. (L) Traumatic brain injury. (M) Visual impairment. (N) Established medical disability. (2) Needs specially designed instruction or services as defined in Sections 56441.2 and 56441.3. (3) Has needs that cannot be met with modification of a regular environment in the home or school, or both, without ongoing monitoring or support as determined by an individualized education program team. (4) Meets eligibility criteria specified in Section 3030 of Title 5 of the California Code of Regulations. (c) A child is not eligible for special education and services if the child does not otherwise meet the eligibility criteria and his or her educational needs are due primarily to: (1) Unfamiliarity with the English language. (2) Temporary physical disabilities. (3) Social maladjustment. (4) Environmental, cultural, or economic factors. (d) For purposes of this section, “established medical disability” means a disabling medical condition or congenital syndrome that the individualized education program team determines has a high predictability of requiring special education and services. (e) When standardized tests are considered invalid for children between the ages of three and five years, alternative means, including scales, instruments, observations, and interviews, shall be used as specified in the assessment plan. (f) In order to implement the eligibility criteria in subdivision (b), the Superintendent shall do all of the following: (1) Provide for training in developmentally appropriate practices, alternative assessment, and placement options. (2) Provide a research-based review for developmentally appropriate application criteria for young children. (3) Provide program monitoring for appropriate use of the eligibility criteria. (g) If legislation is enacted mandating early intervention services to infants and toddlers with disabilities pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Superintendent shall reconsider the eligibility criteria for preschool children, between the ages of three and five years, and recommend appropriate changes to the Legislature. (Amended by Stats. 2016, Ch. 186, Sec. 57. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.13. Source version: id_da8b73af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= The superintendent shall provide training and technical assistance for the implementation of early education programs for preschool children with exceptional needs, and shall develop: (a) Methods and models for modifications to the regular program prior to referral. (b) Guidelines for program providers. (c) Curriculum and content for programs. (d) Personnel standards for program providers. (e) A plan to meet the unique needs of preschool children who require special education services and who are limited-English proficient and of diverse cultural backgrounds. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56441.14. Source version: id_da8b73b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= Criteria and options for meeting the special education transportation needs of individuals with exceptional needs between the ages of three and five, inclusive, shall be included in the local transportation policy required pursuant to paragraph (5) of subdivision (b) of Section 56195.8. (Amended by Stats. 1997, Ch. 854, Sec. 59. Effective January 1, 1998. Repealed conditionally as prescribed by Section 56449.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56442. Source version: id_da8b73b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= The superintendent shall ensure that state preschool programs and programs for individuals with exceptional needs between the ages of three and five years, inclusive, provided pursuant to this part, are coordinated at the state and local levels. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56443. Source version: id_f67d2f7c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= (a) The department shall amend its interagency agreement with the Administration for Children, Youth, and Families, Region IX, Head Start, United States Department of Health and Human Services, to permit a local educational agency to contract with a Head Start program for special education and services for individuals with exceptional needs between the ages of three and five years pursuant to this part. (b) Apportionments allocated to Head Start programs for special education and services to individuals with exceptional needs between the ages of three and five years shall supplement and not supplant funds for which the Head Start programs are eligible, or are already receiving, from other funding sources. (Amended by Stats. 2007, Ch. 56, Sec. 74. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56445. Source version: id_da8b73b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= (a) Prior to transitioning an individual with exceptional needs from a preschool program to kindergarten, or first grade as the case may be, an appropriate reassessment of the individual shall be conducted pursuant to Article 2 (commencing with Section 56320) of Chapter 4 to determine if the individual is still in need of special education and services. (b) It is the intent of the Legislature that gains made in the special education program for individuals who received special education and services, in accordance with this chapter, are not lost by too rapid a removal of individualized programs and supports for these individuals. (c) As part of the transitioning process, a means of monitoring continued success of the child shall be identified by the individualized education program team for those children of kindergarten or first grade equivalency who are determined to be eligible for less intensive special education programs. (d) As part of the exit process from special education, the present performance levels and learning style shall be noted by the individualized education program team. This information shall be made available to the assigned regular education teacher upon the child’s enrollment in kindergarten or first grade as the case may be. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56446. Source version: id_da962219-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= Public special education funding shall not be used to purchase regular preschool services or to purchase any instructional service other than special education and services permitted by this chapter. (Amended by Stats. 1998, Ch. 89, Sec. 42. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.45. Special Education Programs for Individuals With Exceptional Needs Between the Ages of Three and Five Years, Inclusive [56440 - 56447.1] SECTION 56447.1. Source version: id_da96221b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.45.&article= (a) Nothing in this chapter shall be construed to limit the responsibility of noneducational public agencies in the State of California from providing or paying for some or all of the costs of a free appropriate public education for individuals with exceptional needs between the ages of three and five years, inclusive. (b) Nothing in this chapter shall be construed to permit a noneducational public agency to reduce medical and other assistance available or to alter eligibility under Titles V and XIX of the Social Security Act (Subchapter V (commencing with Section 701) and Subchapter XIX (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code) with respect to the provision of a free appropriate public education for individuals with exceptional needs between the ages of three and five years, inclusive, within the State of California. (Added by Stats. 1987, Ch. 311, Sec. 6.5. Effective July 30, 1987.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] SECTION 56452. Source version: id_da97a8c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=1. The superintendent shall ensure that the state annually secures all federal funds available for career and vocational education of individuals with exceptional needs. (Amended by Stats. 1987, Ch. 1484, Sec. 5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] SECTION 56453. Source version: id_da97a8c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=1. The superintendent and the Department of Rehabilitation shall enter into an interagency agreement to ensure that the state annually secures all federal funds available under the Rehabilitation Act of 1973, as amended, and that coordination in applying for, distributing, and using funds available under the Vocational Education Act, as amended, the Rehabilitation Act of 1973, as amended, and the Education For All Handicapped Children Act of 1975, (P.L. 94-142), as amended, including, but not limited to, application for, and use thereof, be provided. (Added by Stats. 1980, Ch. 1353, Sec. 67. Effective September 30, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] SECTION 56454. Source version: id_f6ce5cbe-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=1. In order to provide local educational agencies with maximum flexibility to secure and utilize all federal funds available to enable those entities to meet the career and vocational needs of individuals with exceptional needs more effectively and efficiently, and to provide maximum federal funding to those agencies for the provision of that education, the Superintendent shall do all of the following: (a) Provide necessary technical assistance to local educational agencies. (b) Establish procedures for these entities to obtain available federal funds. (c) Apply for necessary waivers of federal statutes and regulations including, but not limited to, those governing federal career and vocational education programs. (Amended by Stats. 2007, Ch. 56, Sec. 75. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 1. Career and Vocational Education Programs [56452 - 56456] SECTION 56456. Source version: id_c272c876-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=1. It is the intent of the Legislature that local educational agencies may use any state or local special education funds for approved vocational programs, services, and activities to satisfy the excess cost-matching requirements for receipt of federal vocational education funds for individuals with exceptional needs. (Amended by Stats. 2008, Ch. 179, Sec. 66. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 2. Transition Services [56460 - 56463] SECTION 56460. Source version: id_daa3ddcd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=2. The Legislature finds and declares all of the following: (a) That while the passage of the Education for All Handicapped Children Act of 1975 (Public Law 94-142) and the California Master Plan for Special Education have resulted in improved educational services for individuals with exceptional needs; this has not translated into paid employment opportunities or maximum integration into our heterogeneous communities for individuals with exceptional needs. (b) That there is no formalized process that bridges the gap between the security and structure of school and the complexity of service options and resources available for individuals with exceptional needs in the adult community. (c) That there is insufficient coordination between educators, adult service providers, potential employers, and families and students in order to effectively plan and implement a successful transition for students to the adult world of paid employment and social independence. (d) That because of insufficient vocational training throughout the middle and secondary school years, and effective interagency coordination and involvement of potential employers in a planning process, the majority of options available for individuals with exceptional needs in the adult community are programs that support dependence rather than independence. (e) The goal of transition services is planned movement from secondary education to adult life that provides opportunities which maximize economic and social independence in the least restrictive environment for individuals with exceptional needs. Planning for transition from school to postsecondary environments should begin in the school system well before the student leaves the system. (Added by Stats. 1987, Ch. 1484, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 2. Transition Services [56460 - 56463] SECTION 56461. Source version: id_daa3ddcf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=2. The superintendent shall establish the capacity to provide transition services for a broad range of individuals with exceptional needs such as employment and academic training, strategic planning, interagency coordination, and parent training. (Added by Stats. 1987, Ch. 1484, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 2. Transition Services [56460 - 56463] SECTION 56462. Source version: id_daa3ddd1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=2. The transition services shall include, but not be limited to, the following: (a) In-service training programs, resource materials, and handbooks that identify the following: (1) The definition of “transition,” including the major components of an effective school-based transition program. (2) Relevant laws and regulations. (3) The roles of other agencies in the transition process including, but not limited to, the scope of their services, eligibility criteria, and funding. (4) The components of effective transition planning. (5) The role of families in the individualized transition process. (6) Resources and model programs currently available in this state. (b) Development of the role and responsibilities of special education in the transition process, including the following: (1) The provision of work skills training, including those skills that are necessary in order to exhibit competence on the job. (2) The provision of multiple employment options and facilitating job or career choice by providing a variety of vocational experiences. (3) The collection and analysis of data on what happens to pupils once they leave the school system and enter the adult world. (4) The coordination of the transition planning process, including development of necessary interagency agreements and procedures at both state and local levels. (5) The provision of instructional learning strategies that will assist pupils who find learning difficult in acquiring skills that will enable them to obtain diplomas, promote a positive attitude toward secondary and postsecondary education and training, and make a successful transition to postsecondary life. (c) The development and implementation of systematic and longitudinal vocational education curriculum including the following: (1) Instructional strategies that will prepare pupils with severe disabilities to make a successful transition to supported employment and the community. (2) The introduction of vocational and career education curriculum in the elementary grades for those pupils who can benefit from it. (d) Materials, resource manuals, and in-service training programs to support the active participation of families in the planning and implementation of transition-related goals and activities. (e) The development of resources and in-service training that will support the implementation of individualized transition planning for all pupils with exceptional needs. (f) The development of a network of model demonstration sites that illustrate a wide variety of transition models and implementation strategies. (g) Coordination with other specialized programs that serve students who face barriers to successful transition. (h) A research, evaluation, and dissemination program that will support the major programmatic aspects of transition services. Through a variety of competitive grants, bids, contracts, and other awards specific content areas will be developed in cooperation with a variety of field-based agencies, including local education agencies, special education local plan areas, county offices, institutions of higher education, and in-service training agencies. (Amended by Stats. 1994, Ch. 840, Sec. 35. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 2. Transition Services [56460 - 56463] SECTION 56463. Source version: id_daa3ddd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=2. Transition services shall be funded pursuant to the Budget Act. (Added by Stats. 1987, Ch. 1484, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 3. Project Workability [56470 - 56474] SECTION 56470. Source version: id_daa56477-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=3. The Legislature finds and declares all of the following: (a) That an essential component of transition services developed and supported by the State Department of Education is project workability. (b) That the workability program provides instruction and experiences that reinforce core curriculum concepts and skills leading to gainful employment. (c) That since project workability was established by the State Department of Education in 1981, substantial numbers of individuals with exceptional needs have obtained full- or part-time employment. (d) That project workability is a true partnership established at the state level through nonfinancial interagency agreements between the State Department of Education, the Department of Employment Development, and the Department of Rehabilitation, and has elevated awareness in the private sector of the employment potential of individuals with exceptional needs, and focuses its efforts in developing careers for these youth, and preventing needless economic and social dependency on state and community agencies and resources. (e) That local education agencies in California establish linkage between agencies, eliminate duplication of effort, and develop precedent-setting employment training practices which should be preserved and advanced to better assure future productive employable citizens. (Added by Stats. 1987, Ch. 1484, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 3. Project Workability [56470 - 56474] SECTION 56471. Source version: id_98158ccd-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=3. (a) The program shall be administered by the State Department of Education. (b) The department shall establish an advisory committee. This committee will include representatives from local workability projects to ensure ongoing communications. (c) The Superintendent shall develop criteria for awarding grants, funding, and evaluating workability projects. (d) Eligible applicants shall include local educational agencies, including school districts, county offices of education, state special schools, and charter schools. (e) Workability project applications shall include, but are not limited to, the following elements: (1) recruitment, (2) assessment, (3) counseling, (4) preemployment skills training, (5) vocational training, (6) student wages for try-out employment, (7) placement in unsubsidized employment, (8) other assistance with transition to a quality adult life, and (9) utilization of an interdisciplinary advisory committee to enhance project goals. (Amended by Stats. 2024, Ch. 38, Sec. 80. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 3. Project Workability [56470 - 56474] SECTION 56472. Source version: id_daa5647b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=3. The population served by workability projects may include secondary students with disabilities, adults with disabilities and other individuals who experience barriers to successful completion of school. (Added by Stats. 1987, Ch. 1484, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 3. Project Workability [56470 - 56474] SECTION 56473. Source version: id_f76ff3f2-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=3. Project workability shall be funded pursuant to Item 6100-161-0001 of Section 2.00 of the annual Budget Act. (Amended by Stats. 2007, Ch. 56, Sec. 77. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.5. Career and Vocational Education Programs, Transition Services, and Project Workability [56452 - 56474] ARTICLE 3. Project Workability [56470 - 56474] SECTION 56474. Source version: id_daa5647f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.5.&article=3. The superintendent shall continue to seek additional state and federal funding for project workability. (Added by Stats. 1987, Ch. 1484, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.7. Interagency Cooperation [56475 - 56477] SECTION 56475. Source version: id_f9f8acd2-ca35-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.7.&article= (a) The Superintendent and the directors of the State Department of Health Care Services, the State Department of Developmental Services, the State Department of Social Services, the Department of Rehabilitation, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and the Employment Development Department shall develop written interagency agreements or adopt joint regulations that include responsibilities, in accordance with Section 1412(a)(12) of Title 20 of the United States Code and Section 300.154 of Title 34 of the Code of Federal Regulations, for the provision of special education and related services to individuals with exceptional needs in the State of California. (b) The Superintendent shall develop interagency agreements with other state and local public agencies, as deemed necessary by the Superintendent, to carry out the provisions of state and federal law. (Amended by Stats. 2016, Ch. 186, Sec. 58. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.7. Interagency Cooperation [56475 - 56477] SECTION 56476. Source version: id_c3089fd8-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.7.&article= The Governor or designee of the Governor, in accordance with Section 1412(a)(12) of Title 20 of the United States Code and Section 300.154 of Title 34 of the Code of Federal Regulations, shall ensure that each agency under the Governor’s jurisdiction enters into an interagency agreement with the Superintendent to ensure that all services that are needed to ensure a free appropriate public education are provided. (Amended by Stats. 2008, Ch. 179, Sec. 67. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 4.7. Interagency Cooperation [56475 - 56477] SECTION 56477. Source version: id_7341d10b-c132-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=4.7.&article= (a) Commencing with the 2019–20 fiscal year, the department shall jointly convene with the State Department of Developmental Services and the State Department of Health Care Services one or more workgroups that include representatives from local educational agencies, appropriate county agencies, regional centers, and legislative staff. The workgroups shall convene for the following purposes: (1) Improving transition of three-year-old children with disabilities from regional centers to local educational agencies, to help ensure continuity of services for young children and families. (2) Improving coordination and expansion of access to available federal funds through the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment benefits. (b) On or before October 1, 2020, the workgroups shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature and the Department of Finance with a progress report that includes all of the following: (1) A detailed timeline for the implementation of the workgroups, including information on the structure of the workgroups, frequency of meetings, and other relevant information. (2) Work conducted by each workgroup to date and initial findings, including information gathered, if any, on potential barriers to access the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment benefits. (3) Information on potential barriers to ensure smooth transitions for three-year-old children with disabilities from regional centers to local educational agencies. (c) On or before October 1, 2021, the workgroups shall provide the chairs of the relevant policy committees and budget subcommittees of the Legislature and the Department of Finance with a final report that includes recommendations for all of the following: (1) Strategies to improve the state’s performance in meeting federal deadlines for transitioning three-year-old children with disabilities from individualized family service plans administered by a regional center to individualized education programs administered by a local educational agency. (2) Best practices for regional centers and local educational agencies to ensure every three-year-old child with disabilities receives an uninterrupted continuum of support services. (3) Program requirements and support services needed for the Local Educational Agency Medi-Cal Billing Option Program, the School-Based Medi-Cal Administrative Activities Program, and medically necessary federal Early and Periodic Screening, Diagnostic, and Treatment benefits to ensure ease of use and access for local educational agencies and parity of eligible services throughout the state and country. (d) Recommendations provided pursuant to this section shall include any specific changes needed to state regulations or statutes, need for approval of amendments to the state Medicaid plan or federal waivers, changes to the implementation of federal regulations, changes to state agency support and oversight, and associated staffing or funding needed to implement the recommendations. (e) The amount appropriated for purposes of this section in Provision 38 of Item 6100-001-0001 of Section 2.00 of the Budget Act of 2019 shall be available for encumbrance or expenditure until June 30, 2022. (f) The requirements for submitting a report imposed under subdivisions (b) and (c) are inoperative on October 1, 2024, and October 1, 2025, respectively, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2020, Ch. 24, Sec. 67. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56500. Source version: id_f86417f8-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= As used in this chapter, “public agency” is identical to the definition of that term in Section 56028.5 and Section 300.33 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 80. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56500.1. Source version: id_dab961bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) All procedural safeguards under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 and following) shall be established and maintained by each noneducational and educational agency that provides education, related services, or both, to children who are individuals with exceptional needs. (b) At each individualized education program meeting, the public education agency responsible for convening the meeting shall inform the parent and pupil of the federal and state procedural safeguards that were provided in the notice of parent rights pursuant to Section 56321. (Amended by Stats. 1992, Ch. 1360, Sec. 19. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56500.2. Source version: id_70bd07e0-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) (1) Notwithstanding any other provision of law, a complaint filed with the department regarding any alleged violations of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or implementing regulations (Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations), or a provision of this part, shall be investigated in an expeditious and effective manner in accordance with Sections 300.151 to 300.153, inclusive, of Title 34 of the Code of Federal Regulations. A written decision shall be issued to the complainant in accordance with the 60-day time limit specified in Section 300.152 of Title 34 of the Code of Federal Regulations. (2) The party filing the complaint shall forward a copy of the complaint to the local educational agency or public agency serving the child at the same time the party files the complaint with the department, in accordance with Section 300.153(d) of Title 34 of the Code of Federal Regulations. (b) Pursuant to Section 300.153(c) of Title 34 of the Code of Federal Regulations, a complaint filed under subdivision (a) shall allege a violation that occurred not more than one year prior to the date that the complaint is received by the department. (c) The complaint shall include all of the following: (1) A statement that a local educational agency or public agency has violated a requirement of this part or Part B of the federal Individuals with Disabilities Education Act (Title 20 (commencing with Section 1400) of the United States Code), or Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. (2) The facts on which the statement is based. (3) The signature and contact information for the complainant. (4) If alleging violations with respect to a specific child, all of the following: (A) The name and address of residence of the child. (B) The name of the school the child is attending. (C) In the case of a homeless child or youth within the meaning of paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), available contact information for the child, and the name of the school the child is attending. (D) A description of the nature of the problem of the child, including facts relating to the problems. (E) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed. (d) The Superintendent shall develop a model form, pursuant to Section 300.509 of Title 34 of the Code of Federal Regulations, to assist parents and public agencies in filing a state complaint under this section. (Amended by Stats. 2007, Ch. 454, Sec. 27. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56500.3. Source version: id_71122cc2-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) It is the intent of the Legislature that parties to special education disputes be encouraged to seek resolution through mediation prior to filing a request for a due process hearing. It is also the intent of the Legislature that these voluntary prehearing request mediation conferences be an informal process conducted in a nonadversarial atmosphere to resolve issues relating to the identification, assessment, or educational placement of the child, or the provision of a free appropriate public education to the child, to the satisfaction of both parties. Therefore, attorneys or other independent contractors used to provide legal advocacy services may not attend or otherwise participate in the prehearing request mediation conferences. (b) This part does not preclude the parent or the public agency from being accompanied and advised by nonattorney representatives in the mediation conferences and consulting with an attorney prior to or following a mediation conference. For purposes of this section, “attorney” means an active, practicing member of the State Bar of California or another independent contractor used to provide legal advocacy services, but does not mean a parent of the pupil who is also an attorney. (c) Requesting or participating in a mediation conference is not a prerequisite to requesting a due process hearing. (d) All requests for a mediation conference shall be filed with the Superintendent. The party initiating a mediation conference by filing a written request with the Superintendent shall provide the other party to the mediation with a copy of the request at the same time the request is filed with the Superintendent. The mediation conference shall be conducted by a person knowledgeable in the process of reconciling differences in a nonadversarial manner and under contract with the department pursuant to Section 56504.5. The mediator shall be knowledgeable in the laws and regulations governing special education. (e) The prehearing mediation conference shall be scheduled within 15 days of receipt by the Superintendent of the request for mediation. The mediation conference shall be completed within 30 days after receipt of the request for mediation unless both parties to the prehearing mediation conference agree to extend the time for completing the mediation. Pursuant to Section 300.506(b)(4) of Title 34 of the Code of Federal Regulations, and to encourage the use of mediation, the state shall bear the cost of the mediation process, including any meetings described in Section 300.506(b)(2) of Title 34 of the Code of Federal Regulations. The costs of mediation shall be included in the contract described in Section 56504.5. (f) In accordance with Section 1415(e)(2)(F) of Title 20 of the United States Code, if a resolution is reached that resolves the due process issue through the mediation process, the parties shall execute a legally binding written agreement that sets forth the resolution and that does the following: (1) States that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. (2) Is signed by both the parent and the representative of the public agency who has the authority to bind the agency. (3) Is enforceable in any state court of competent jurisdiction or in a federal district court of the United States. (g) If the mediation conference fails to resolve the issues to the satisfaction of all parties, the party who requested the mediation conference has the option of filing for a state-level hearing pursuant to Section 56505. The mediator may assist the parties in specifying any unresolved issues to be included in the hearing request. (h) Any mediation conference held pursuant to this section shall be scheduled in a timely manner and shall be held at a time and place reasonably convenient to the parties to the dispute in accordance with Section 300.506(b)(5) of Title 34 of the Code of Federal Regulations. (i) The mediation conference shall be conducted in accordance with regulations adopted by the board. (j) (1) Notwithstanding any procedure set forth in this chapter, a public agency and a parent, if the party initiating the mediation conference so chooses, may meet informally to resolve any issue or issues to the satisfaction of both parties prior to the mediation conference. (2) In accordance with Section 300.506(b)(2) of Title 34 of the Code of Federal Regulations, a public agency may establish procedures to offer to parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party as follows: (A) Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the state established under Section 1471 or Section 1472 of Title 20 of the United States Code. (B) Who would explain the benefits of, and encourage the use of, the mediation process to the parents. (k) The procedures and rights contained in this section shall be included in the notice of parent rights attached to the assessment plan of the pupil pursuant to Section 56321. (Amended by Stats. 2007, Ch. 454, Sec. 28. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56500.4. Source version: id_715f8974-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) Pursuant to Section 1415(b)(3) and (4) and (c)(1) of Title 20 of the United States Code, and in accordance with Section 300.503 of Title 34 of the Code of Federal Regulations, prior written notice shall be given by the public agency to the parents or guardians of an individual with exceptional needs, or to the parents or guardians of a child upon initial referral for assessment, and a reasonable time before the public agency proposes to initiate or change, or refuses to initiate or change, the identification, assessment, or educational placement of the child, or the provision of a free appropriate public education to the child. In accordance with Sections 300.304 and 300.503 of Title 34 of the Code of Federal Regulations, the public agency shall provide a description of any assessment procedures the agency proposes to conduct. (b) The notice required under subdivision (a) shall, in accordance with Section 300.503(b) of Title 34 of the Code of Federal Regulations, include all of the following: (1) A description of the action proposed or refused by the public agency. (2) An explanation of why the public agency proposes or refuses to take the action. (3) A description of each assessment procedure, assessment, record, or report the public agency used as a basis for the proposed or refused action. (4) A statement that the parents of an individual with exceptional needs have protection under the procedural safeguards of this part and, if this notice is not an initial referral for assessment, the means by which a copy of a description of the procedural safeguards can be obtained. (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part. (6) A description of other options that the individualized education program team considered and the reasons why those options were rejected. (7) A description of other factors that are relevant to the proposal or refusal of the agency. (Amended by Stats. 2007, Ch. 454, Sec. 29. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56500.5. Source version: id_f8b4d00a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= As provided in Section 300.102(a)(3)(iii) of Title 34 of the Code of Federal Regulations, parents or guardians of an individual with exceptional needs shall be given reasonable written prior notice, in accordance with Section 56500.4, that their child will be graduating from high school with a regular high school diploma because graduation from high school with a regular diploma constitutes a change in placement. (Amended by Stats. 2007, Ch. 56, Sec. 81. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56500.6. Source version: id_f90539fc-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= Due process and state complaint procedures for children enrolled in private schools by their parents pursuant to Sections 56170 to 56174.5, inclusive, shall be in accordance with Section 300.140 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 56, Sec. 82. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56501. Source version: id_f958ff4e-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) The due process hearing procedures prescribed by this chapter extend to the parent or guardian, as defined in Section 56028, a pupil who has been emancipated, and a pupil who is a ward or dependent of the court or for whom no parent or guardian can be identified or located when the hearing officer determines that either the local educational agency has failed to appoint a surrogate parent as required by Section 7579.5 of the Government Code or the surrogate parent appointed by the local educational agency does not meet the criteria set forth in subdivision (f) of Section 7579.5 of the Government Code, and the public agency involved in any decisions regarding a pupil. The appointment of a surrogate parent after a hearing has been requested by the pupil shall not be cause for dismissal of the hearing request. The parent or guardian and the public agency involved may initiate the due process hearing procedures prescribed by this chapter under any of the following circumstances: (1) There is a proposal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free appropriate public education to the child. (2) There is a refusal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free appropriate public education to the child. (3) The parent or guardian refuses to consent to an assessment of the child. (4) There is a disagreement between a parent or guardian and a local educational agency regarding the availability of a program appropriate for the child, including the question of financial responsibility, as specified in Section 300.148 of Title 34 of the Code of Federal Regulations. (b) The due process hearing rights prescribed by this chapter include, but are not limited to, all of the following: (1) The right to a mediation conference pursuant to Section 56500.3. (2) The right to request a mediation conference at any point during the hearing process. The mediation process is not to be used to deny or delay a parent’s or guardian’s right to a due process hearing, or to deny any other rights afforded under this part, or under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). Notwithstanding subdivision (a) of Section 56500.3, attorneys and advocates are permitted to participate in mediation conferences scheduled after the filing of a request for due process hearing. (3) The right to examine pupil records pursuant to Section 56504. This provision shall not be construed to abrogate the rights prescribed by Chapter 6.5 (commencing with Section 49060) of Part 27. (4) The right to a fair and impartial administrative hearing at the state level, before a person knowledgeable in the laws governing special education and administrative hearings, under contract with the department, pursuant to Section 56505. (c) In addition to the rights prescribed by subdivision (b), the parent or guardian has the following rights: (1) The right to have the pupil who is the subject of the state hearing present at the hearing. (2) The right to open the state hearing to the public. (Amended by Stats. 2007, Ch. 56, Sec. 83. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56501.5. Source version: id_71b0ddc6-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) Notwithstanding any other provision of law, prior to the opportunity for an impartial due process hearing under this chapter, the local educational agency shall convene a resolution meeting with the parents and the relevant member or members of the individualized education program team who have specific knowledge of the facts identified in the due process hearing request, in accordance with Section 1415(f)(1)(B) of Title 20 of the United States Code and Section 300.510 of Title 34 of the Code of Federal Regulations. The parent and the local educational agency shall determine the relevant members of the individualized education program team to attend the meeting. (1) The meeting shall be convened within 15 days of receiving notice of the due process hearing request of the parent. (2) The meeting shall include a representative of the local educational agency who has decisionmaking authority on behalf of the agency. (3) The meeting shall not include an attorney of the local educational agency, unless the parent is accompanied by an attorney. (4) The purpose of the meeting is for the parent of the child to discuss the due process hearing issue, and the facts that form the basis of the due process hearing request, so that the local educational agency has the opportunity to resolve the dispute that is the basis for the due process hearing request. (b) The resolution meeting described in subdivision (a) need not be held if the parents and the local educational agency agree in writing to waive the meeting, or agree to use the mediation process as provided for in this chapter. (c) If the local educational agency has not resolved the due process hearing issue to the satisfaction of the parents within 30 days of the receipt of the due process hearing request notice, the due process hearing may occur. Except as provided in subdivision (d), the timeline for issuing a final decision under paragraph (3) of subdivision (f) of Section 56505 begins at the expiration of this 30-day period. (d) The 45-day timeline for the due process hearing cited in paragraph (3) of subdivision (f) of Section 56505 starts the day after one of the following events, provided the local educational agency also affords notice of these events to the agency or contractor providing due process hearings pursuant to Section 56504.5: (1) Both parties agree in writing to waive the resolution meeting. (2) After either the mediation or resolution meeting starts but before the end of the 30-day resolution period, the parties agree in writing that no agreement is possible. (3) If both parties agree in writing to continue a mediation that started before the end of the 30-day resolution period to a date after the 30-day resolution period, but later, the parent or local educational agency withdraws from the mediation process. (e) Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding subdivision (c), the failure of the parent filing a due process hearing request to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held. (1) If the local educational agency is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented using the procedures in Section 300.322(d) of Title 34 of the Code of Federal Regulations, such as detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to the parent and any responses received, and detailed records of visits made to the home or place of employment of the parent, the local educational agency may, at the conclusion of the 30-day period, request that a hearing officer dismiss the due process hearing request of the parent. (2) If the local educational agency fails to hold the resolution meeting specified in subdivision (a) within 15 days of receiving notice of a due process hearing request of a parent or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline. (f) In the case that a resolution is reached to resolve the due process hearing issue at a meeting described in subdivision (a), the parties shall execute a legally binding agreement that is both of the following: (1) Signed by both the parent and a representative of the local educational agency who has the authority to bind the agency. (2) Enforceable in a state court of competent jurisdiction or in a federal district court of the United States. (g) If the parties execute an agreement pursuant to subdivision (d), a party may void the agreement within three business days of the execution of the agreement. (Amended by Stats. 2007, Ch. 454, Sec. 30. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56502. Source version: id_72034388-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) All requests for a due process hearing shall be filed with the Superintendent in accordance with Section 300.508(a) and (b) of Title 34 of the Code of Federal Regulations. (b) The Superintendent shall develop a model form to assist parents and guardians in filing a request for due process that is in accordance with Section 300.509 of Title 34 of the Code of Federal Regulations. (c) (1) The party, or the attorney representing the party, initiating a due process hearing by filing a written request with the Superintendent shall provide the other party to the hearing with a copy of the request at the same time as the request is filed with the Superintendent. The due process hearing request notice shall remain confidential. In accordance with Section 1415(b)(7)(A) of Title 20 of the United States Code, the request shall include the following: (A) The name of the child, the address of the residence of the child, or available contact information in the case of a homeless child, and the name of the school the child is attending. (B) In the case of a homeless child or youth within the meaning of paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), available contact information for the child and the name of the school the child is attending. (C) A description of the nature of the problem of the child relating to the proposed initiation or change, including facts relating to the problem. (D) A proposed resolution of the problem to the extent known and available to the party at the time. (2) A party may not have a due process hearing until the party, or the attorney representing the party, files a request that meets the requirements listed in this subdivision. (d) (1) The due process hearing request notice required by Section 1415(b)(7)(A) of Title 20 of the United States Code shall be deemed to be sufficient unless the party receiving the notice notifies the due process hearing officer and the other party in writing that the receiving party believes the due process hearing request notice has not met the notice requirements. The party providing a hearing officer notification shall provide the notification within 15 days of receiving the due process hearing request notice. Within five days of receipt of the notification, the hearing officer shall make a determination on the face of the notice of whether the notification meets the requirements of Section 1415(b)(7)(A) of Title 20 of the United States Code, and shall immediately notify the parties in writing of the determination. (2) (A) The response to the due process hearing request notice shall be made within 10 days of receiving the request notice in accordance with Section 1415(c)(2)(B) of Title 20 of the United States Code. (B) In accordance with Section 300.508(e)(1) of Title 34 of the Code of Federal Regulations, if the local educational agency has not sent a prior written notice under Section 56500.4 and Section 300.503 of Title 34 of the Code of Federal Regulations to the parent regarding the subject matter contained in the due process hearing request of the parent, the response from the local educational agency to the parent shall include all of the following: (i) An explanation of why the agency proposed or refused to take the action raised in the due process hearing request. (ii) A description of other options that the individualized education program team considered and the reasons why those options were rejected. (iii) A description of each assessment procedure, assessment, record, or report the agency used as the basis for the proposed or refused action. (iv) A description of other factors that are relevant to the proposed or refused action of the agency. (C) A response by a local educational agency under subparagraph (B) shall not be construed to preclude the local educational agency from asserting that the due process request of the parent was insufficient, where appropriate. (D) Except as provided under subparagraph (B), the party receiving a due process hearing request notice, within 10 days of receiving the notice, shall send to the other party, in accordance with Section 300.508(f) of Title 34 of the Code of Federal Regulations, a response that specifically addresses the issues raised in the due process hearing request notice. (e) A party may amend a due process hearing request notice only if the other party consents in writing to the amendment and is given the opportunity to resolve the hearing issue through a meeting held pursuant to Section 1415(f)(1)(B) of Title 20 of the United States Code, or the due process hearing officer grants permission, except that the hearing officer may only grant permission at any time not later than five days before a due process hearing occurs. The applicable timeline for a due process hearing under this chapter shall recommence at the time the party files an amended notice, including the timeline under Section 1415(f)(1)(B) of Title 20 of the United States Code. (f) The Superintendent shall take steps to ensure that within 45 days after receipt of the written hearing request the hearing is immediately commenced and completed, including, any mediation requested at any point during the hearing process pursuant to paragraph (2) of subdivision (b) of Section 56501, and a final administrative decision is rendered, unless a continuance has been granted pursuant to Section 56505. (g) Notwithstanding any procedure set forth in this chapter, a public agency and a parent or guardian, if the party initiating the hearing so chooses, may meet informally to resolve an issue or issues relating to the identification, assessment, or education and placement of the child, or the provision of a free appropriate public education to the child, to the satisfaction of both parties prior to the hearing. The informal meeting shall be conducted by the district superintendent, county superintendent, or director of the public agency or his or her designee. A designee appointed pursuant to this subdivision shall have the authority to resolve the issue or issues. (h) Upon receipt by the Superintendent of a written request by the parent or guardian or public agency, the Superintendent or his or her designee or designees immediately shall notify, in writing, all parties of the request for the hearing and the scheduled date for the hearing. The notice shall advise all parties of all their rights relating to procedural safeguards. The Superintendent or his or her designee shall provide both parties with a list of persons and organizations within the geographical area that can provide free or reduced cost representation or other assistance in preparing for the due process hearing. This list shall include a brief description of the requirement to qualify for the services. The Superintendent or his or her designee shall have complete discretion in determining which individuals or groups shall be included on the list. (i) In accordance with Section 1415(f)(3)(B) of Title 20 of the United States Code, the party requesting the due process hearing shall not be allowed to raise issues at the due process hearing that were not raised in the notice filed under this section, unless the other party agrees otherwise. (Amended by Stats. 2007, Ch. 454, Sec. 31. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56503. Source version: id_dabc6e0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= Nothing in this chapter shall preclude the parties to a hearing from agreeing to use a mediation conference or resolving their dispute in an informal, nonadversarial manner, even though a request for a state level hearing has been filed or even if the hearing has commenced. (Repealed and added by Stats. 1992, Ch. 1360, Sec. 25. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56504. Source version: id_c3a63f6a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= The parent shall have the right and opportunity to examine all school records of his or her child and to receive copies pursuant to this section and to Section 49065 within five business days after the request is made by the parent, either orally or in writing. The public agency shall comply with a request for school records without unnecessary delay before any meeting regarding an individualized education program or any hearing pursuant to Section 300.121, 300.301, 300.304, or 300.507 of Title 34 of the Code of Federal Regulations or resolution session pursuant to Section 300.510 of Title 34 of the Code of Federal Regulations and in no case more than five business days after the request is made orally or in writing. The parent shall have the right to a response from the public agency to reasonable requests for explanations and interpretations of the records. If a school record includes information on more than one pupil, the parents of those pupils have the right to inspect and review only the information relating to their child or to be informed of that specific information. A public agency shall provide a parent, on request of the parent, a list of the types and locations of school records collected, maintained, or used by the agency. A public agency may charge no more than the actual cost of reproducing the records, but if this cost effectively prevents the parent from exercising the right to receive the copy or copies, the copy or copies shall be reproduced at no cost. (Amended by Stats. 2008, Ch. 179, Sec. 68. Effective January 1, 2009.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56504.5. Source version: id_fa01e982-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) The department shall enter into an interagency agreement with another state agency or contract with a nonprofit organization or entity to conduct mediation conferences and due process hearings in accordance with Sections 300.506 and 300.511 of Title 34 of the Code of Federal Regulations. (b) The agency or contractor shall provide hearings and mediations in a manner that is consistent with all applicable federal and state laws and regulations, and any other applicable legal authorities. (c) The Superintendent shall adopt regulations that establish standards for all of the following components of an interagency agreement or contract entered into pursuant to subdivision (a): (1) The training and qualifications for mediators and hearing officers. (2) The availability of translators and translated documents. (3) Prevention of conflicts of interest for mediators and hearing officers. (4) The supervision of mediators and hearing officers. (5) Monitoring, tracking, and management of cases. (6) The process for conducting mediations and due process hearings. (7) Communication with parties to mediations and due process hearings. (8) The establishment of a committee to advise the agency or contractor with regard to conducting mediations and due process hearings. (9) The contents of a manual to describe the procedures of the mediation and due process hearing. (d) (1) An agency or contractor shall collect and provide data in standardized formats, which allow the department to manage and report on all mediation and due process activities in the state. An agency or contractor shall propose the manner in which specific data and information will be collected and transmitted electronically and in writing to the department on a quarterly basis. The reports shall contain data to provide the state with information to comply with federal and state regulations for monitoring local programs. An agency or contractor shall identify applicable data to be collected, analyzed, and formatted including, but not limited to, caseloads, status of cases, and outcomes for mediations and due process hearings. (2) The agency or contractor shall, on a quarterly basis, provide the department with information that includes, but is not limited to, all of the following: (A) Formal complaints: (i) number of complaints; (ii) number of complaints with findings; (iii) number of complaints with no findings; (iv) number of complaints not investigated, withdrawn, or no jurisdiction; (v) number of complaints completed or addressed within timelines; and (vi) number of complaints pending. (B) Mediations: (i) number of mediations not related to hearing requests; (ii) number of mediations related to hearing requests; (iii) number of mediation agreements not related to hearing requests; (iv) number of mediation agreements related to hearing requests; and (v) number of mediations pending. (C) Due process hearings: (i) number of hearing requests; (ii) number of hearings held; (iii) number of decisions issued after timelines and extension expired; (iv) number of hearings pending; and (v) number of expedited hearings. (3) The agency or contractor shall submit hard copies of hearing decision reports to the department and shall administer and upload all redacted reports on a quarterly basis to the hearing decision database of the department. The agency or contractor shall have the ability to provide the department with the costs of hearings and mediations on both an aggregate and individual basis. (Amended by Stats. 2007, Ch. 56, Sec. 85. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56505. Source version: id_ad13beed-fce6-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) The state hearing shall be conducted in accordance with regulations adopted by the board. (b) The hearing shall be held at a time and place reasonably convenient to the parent and the pupil. (c) (1) The hearing shall be conducted by a person who, at a minimum, shall possess knowledge of, and the ability to understand, the provisions of this part and related state statutes and implementing regulations, the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), federal regulations pertaining to the act, and legal interpretations of this part and the federal law by federal and state courts, and who has satisfactorily completed training pursuant to this subdivision. The Superintendent shall establish standards for the training of hearing officers, the degree of specialization of the hearing officers, and the quality control mechanisms to be used to ensure that the hearings are fair and the decisions are accurate. (2) The hearing officer shall possess the knowledge and ability to conduct hearings in accordance with appropriate standard legal practice. (3) The hearing officer shall possess the knowledge and ability to render and write decisions in accordance with appropriate standard legal practice. (4) A due process hearing shall not be conducted by an individual listed in Section 1415(f)(3)(A)(i) of Title 20 of the United States Code. Pursuant to Section 300.511(c)(2) of Title 34 of the Code of Federal Regulations, a person who is qualified to conduct a hearing is not an employee of the agency solely because he or she is paid by the agency to serve as a hearing officer. The hearing officer shall encourage the parties to a hearing to consider the option of mediation as an alternative to a hearing. (d) Pursuant to Section 300.518(a) of Title 34 of the Code of Federal Regulations, during the pendency of the hearing proceedings, including the actual state-level hearing, or judicial proceeding regarding a due process hearing, the pupil shall remain in his or her present placement, except as provided in Section 300.533 of Title 34 of the Code of Federal Regulations, unless the public agency and the parent agree otherwise. A pupil applying for initial admission to a public school, with the consent of his or her parent, shall be placed in the public school program until all proceedings have been completed. As provided in Section 300.518(d) of Title 34 of the Code of Federal Regulations, if the decision of a hearing officer in a due process hearing or a state review official in an administrative appeal agrees with the parent of the pupil that a change of placement is appropriate, that placement shall be treated as an agreement between the state or local educational agency and the parent. In accordance with Section 300.518(c) of Title 34 of the Code of Federal Regulations, if a due process hearing request involves an application for initial services from a child who is transitioning from an early education program under Chapter 4.4 (commencing with Section 56425) to a special education program serving individuals with exceptional needs between the ages of three to five years, inclusive, under Chapter 4.45 (commencing with Section 56440), and is no longer eligible for early education services because the child has turned three years of age, the local educational agency is not required to provide early education services that the child had been receiving. If the child is found eligible for special education and related services for children age three years of age and older, and the parent consents to the initial provision of special education and related services under Section 300.300(b) of Title 34 of the Code of Federal Regulations, the local educational agency shall provide those special education and related services that are not in dispute between the parent and the local educational agency. (e) A party to the hearing held pursuant to this section shall be afforded the following rights consistent with state and federal statutes and regulations: (1) The right to be accompanied and advised by counsel and by individuals with special knowledge or training relating to the problems of individuals with exceptional needs. (2) The right to present evidence, written arguments, and oral arguments. (3) The right to confront, cross-examine, and compel the attendance of, witnesses. (4) The right to a written, or, at the option of the parent, electronic, verbatim record of the hearing. (5) The right to written, or, at the option of the parent, electronic, findings of fact and decisions. The record of the hearing and the findings of fact and decisions shall be provided at no cost to parents in accordance with Section 300.512(c)(3) of Title 34 of the Code of Federal Regulations. The findings and decisions shall be made available to the public after any personally identifiable information has been deleted consistent with the confidentiality requirements of Section 1417(c) of Title 20 of the United States Code and shall also be transmitted to the Advisory Commission on Special Education pursuant to Section 1415(h)(4) of Title 20 of the United States Code. (6) The right to be informed by the other parties to the hearing, at least 10 days before the hearing, as to what those parties believe are the issues to be decided at the hearing and their proposed resolution of those issues. Upon the request of a parent who is not represented by an attorney, the agency responsible for conducting hearings shall provide a mediator to assist the parent in identifying the issues and the proposed resolution of the issues. (7) The right to receive from other parties to the hearing, at least five business days before the hearing, a copy of all documents and a list of all witnesses and their general area of testimony that the parties intend to present at the hearing. Included in the material to be disclosed to all parties at least five business days before a hearing shall be all assessments completed by that date and recommendations based on the assessments that the parties intend to use at the hearing. (8) The right, pursuant to Section 300.512(a)(3) of Title 34 of the Code of Federal Regulations, to prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing. (f) (1) In accordance with Section 1415(f)(3)(E) of Title 20 of the United States Code, the decision of a due process hearing officer shall be made on substantive grounds based on a determination of whether the child received a free appropriate public education. (2) In matters alleging a procedural violation, a due process hearing officer may find that a child did not receive a free appropriate public education only if the procedural violation did any of the following: (A) Impeded the right of the child to a free appropriate public education. (B) Significantly impeded the opportunity of the parent to participate in the decisionmaking process regarding the provision of a free appropriate public education to the child of the parent. (C) Caused a deprivation of educational benefits. (3) The hearing conducted pursuant to this section shall be completed and a written, reasoned decision, including the reasons for a nonpublic, nonsectarian school placement, the provision of nonpublic, nonsectarian agency services, or the reimbursement for the placement or services, taking into account the requirements of subdivision (a) of Section 56365, shall be mailed to all parties to the hearing not later than 45 days after the expiration of the 30-day period pursuant to subdivision (c) of Section 56501.5. Either party to the hearing may request the hearing officer to grant an extension. The extension shall be granted upon a showing of good cause. The hearing officer shall apply Rule 3.1332 of the California Rules of Court in making a determination of what constitutes good cause. An extension shall extend the time for rendering a final administrative decision only for a period equal to the length of the extension. A second or subsequent extension may be granted for good cause or any other purpose at the discretion of the hearing officer. (4) This subdivision does not preclude a due process hearing officer from ordering a local educational agency to comply with procedural requirements under this chapter. (g) Subdivision (f) does not alter the burden of proof required in a due process hearing, or prevent a hearing officer from ordering a compensatory remedy for an individual with exceptional needs. (h) The hearing conducted pursuant to this section shall be the final administrative determination and binding on all parties. (i) In decisions relating to the placement of individuals with exceptional needs, the person conducting the state hearing shall consider cost, in addition to all other factors that are considered. (j) In a hearing conducted pursuant to this section, the hearing officer shall not base a decision solely on nonsubstantive procedural errors, unless the hearing officer finds that the nonsubstantive procedural errors resulted in the loss of an educational opportunity to the pupil or interfered with the opportunity of the parent of the pupil to participate in the formulation process of the individualized education program. (k) This chapter does not preclude a party aggrieved by the findings and decisions in a hearing under this section from exercising the right to appeal the decision to a state court of competent jurisdiction. An aggrieved party also may exercise the right to bring a civil action in a district court of the United States without regard to the amount in controversy, pursuant to Section 300.516 of Title 34 of the Code of Federal Regulations. An appeal shall be made within 90 days of receipt of the hearing decision. During the pendency of an administrative or judicial proceeding conducted pursuant to Chapter 5 (commencing with Section 56500), the child involved in the hearing shall remain in his or her present educational placement, unless the public agency and the parent of the child agree otherwise. An action brought under this subdivision shall adhere to Section 300.516(c) of Title 34 of the Code of Federal Regulations. (l) A request for a due process hearing arising under subdivision (a) of Section 56501 shall be filed within two years from the date the party initiating the request knew or had reason to know of the facts underlying the basis for the request. In accordance with Section 1415(f)(3)(D) of Title 20 of the United States Code, the time period specified in this subdivision does not apply to a parent if the parent was prevented from requesting the due process hearing due to either of the following: (1) Specific misrepresentations by the local educational agency that it had solved the problem forming the basis of the due process hearing request. (2) The withholding of information by the local educational agency from the parent that was required under this part to be provided to the parent. (m) Pursuant to Section 300.511(c) of Title 34 of the Code of Federal Regulations, each public agency shall keep a list of the persons who serve as due process hearing officers, in accordance with Section 56504.5, and the list shall include a statement of the qualifications of each of those persons. The list of hearing officers shall be provided to the public agencies by the organization or entity under contract with the department to conduct due process hearings. (n) A party who filed for a due process hearing before the effective date of this section is not bound by the two-year statute of limitations time period in subdivision (l) if the party filed a request within the three-year statute of limitations provision pursuant to subdivision (l), as that subdivision read before October 9, 2006. (Amended by Stats. 2018, Ch. 874, Sec. 1. (AB 2580) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56505.1. Source version: id_dabc6e13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= The hearing officer may do any of the following during the hearing: (a) Question a witness on the record prior to any of the parties doing so. (b) With the consent of both parties to the hearing, request that conflicting experts discuss an issue or issues with each other while on the record. (c) Visit the proposed placement site or sites when the physical attributes of the site or sites are at issue. (d) Call a witness to testify at the hearing if all parties to the hearing consent to the witness giving testimony or the hearing is continued for at least five days after the witness is identified and before the witness testifies. (e) Order that an impartial assessment, including an independent educational assessment, of the pupil be conducted for purposes of the hearing and continue the hearing until the assessment has been completed. The cost of any assessment ordered under this subdivision shall be at public expense pursuant to subsection (d) of Section 300.502 of Title 34 of the Code of Federal Regulations and included in the contract between the department and the organization or entity conducting the hearing. (f) Bar introduction of any documents or the testimony of any witnesses not disclosed to the hearing officer at least five business days prior to the hearing and bar introduction of any documents or the testimony of any witnesses at the hearing without the consent of the other party not disclosed to the parties at least five business days prior to the hearing pursuant to paragraph (7) of subdivision (e) of Section 56505. (g) In decisions relating to the provision of related services by other public agencies, the hearing officer may call as witnesses independent medical specialists qualified to present evidence in the area of the pupil’s medical disability. The cost for any witness called to testify under this subdivision shall be included in the contract between the department and the organization or entity conducting the hearing. (h) Set a reasonable limit on the length of the hearing after consideration of all of the following: (1) The issues to be heard. (2) The complexity of the facts to be proven. (3) The ability of the parties and their representatives, if any, to present their respective cases. (4) The estimate of the parties as to the time needed to present their respective cases. (Amended by Stats. 2004, Ch. 161, Sec. 23. Effective July 16, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56505.2. Source version: id_3db7deb8-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) A hearing officer may not render a decision that results in the placement of an individual with exceptional needs in a nonpublic, nonsectarian school, or that results in a service for an individual with exceptional needs provided by a nonpublic, nonsectarian agency, if the school or agency has not been certified pursuant to Section 56366.1. (b) A hearing officer shall consider Sections 56365, 56366, and 56366.1 during a due process hearing concerning an issue of placement of an individual with exceptional needs in a nonpublic, nonsectarian school, or services for an individual with exceptional needs provided by a nonpublic, nonsectarian agency. (Amended by Stats. 2004, Ch. 408, Sec. 2. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56506. Source version: id_fa547654-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= In addition to the due process hearing rights enumerated in subdivision (b) of Section 56501, the following due process rights extend to the pupil and the parent: (a) Written notice to the parent of his or her rights in language easily understood by the general public and in the native language of the parent, as defined in Section 300.29 of Title 34 of the Code of Federal Regulations, or other mode of communication used by the parent, unless to do so is clearly not feasible. The written notice of rights shall include, but not be limited to, those prescribed by Section 56341. (b) The right to initiate a referral of a child for special education services pursuant to Section 56303. (c) The right to obtain an independent educational assessment pursuant to subdivision (b) or (c) of Section 56329. (d) The right to participate in the development of the individualized education program and to be informed of the availability under state and federal law of free appropriate public education and of all available alternative programs, both public and nonpublic. (e) Written parental consent pursuant to Section 56321 shall be obtained before any assessment of the pupil is conducted, unless the public agency prevails in a due process hearing relating to the assessment. In accordance with Section 300.300(c)(2) of Title 34 of the Code of Federal Regulations, informed parental consent need not be obtained in the case of a reassessment of the pupil if the local educational agency can demonstrate that it has taken reasonable measures to obtain consent and the pupil’s parent has failed to respond. (f) Written parental consent pursuant to Section 56346 shall be obtained before the pupil is placed in a special education program. (g) A parent of an individual with exceptional needs may elect to receive notices required under this chapter by an electronic mail communication, if the local educational agency makes that option available, in accordance with Section 1415(n) of Title 20 of the United States Code. (Amended by Stats. 2007, Ch. 56, Sec. 86. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56507. Source version: id_faa8b0d6-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= (a) If either party to a due process hearing intends to be represented by an attorney in the state hearing, notice of that intent shall be given to the other party at least 10 days prior to the hearing. The failure to provide that notice shall constitute good cause for a continuance. (b) (1) An award of reasonable attorney’s fees to the prevailing parent, guardian, or pupil, as the case may be, may only be made either with the agreement of the parties following the conclusion of the administrative hearing process or by a court of competent jurisdiction pursuant to Section 1415(i)(3) of Title 20 of the United States Code. (2) In accordance with Section 1415(i)(3) of Title 20 of the United States Code, the court, in its discretion, may award reasonable attorney’s fees as part of the costs to a prevailing party who is a state educational agency or local educational agency in the following circumstances: (A) Against the attorney of a parent who files a due process hearing request or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation. (B) Against the attorney of a parent, or against the parent, if the parent’s due process hearing request or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. (c) Public agencies shall not use federal funds distributed under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or other federal special education funds, for the agency’s own legal counsel or other advocacy costs, that may include, but are not limited to, a private attorney or employee of an attorney, legal paraprofessional, or other paid advocate, related to a due process hearing or the appeal of a hearing decision to the courts. Funds shall not be used to reimburse parents who prevail and are awarded attorney’s fees, pursuant to subdivision (b), as part of the judgment. Nothing in this subdivision shall preclude public agencies from using these funds for attorney services related to the establishment of policy and programs, or responsibilities, under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and the program administration of these programs. This subdivision does not apply to attorneys and others hired under contract to conduct administrative hearings pursuant to subdivision (a) of Section 56505. (d) The hearing decision shall indicate the extent to which each party has prevailed on each issue heard and decided, including issues involving other public agencies named as parties to the hearing. (Amended by Stats. 2007, Ch. 56, Sec. 87. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56508. Source version: id_fbaa9078-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= It is the intent of the Legislature that the department develop training materials that can be used locally by parents, public agencies, and others and conduct workshops on alternative resolutions for resolving differences in a nonadversarial atmosphere with the mutual goal of providing a free appropriate public education for children and youth with disabilities. (Amended by Stats. 2007, Ch. 56, Sec. 88. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5. Procedural Safeguards [56500 - 56509] SECTION 56509. Source version: id_f149f6b8-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.&article= This chapter, in accordance with subsection (o) of Section 1415 of Title 20 of the United States Code, does not preclude a parent from filing a separate due process hearing request on an issue separate from a due process hearing request already filed. (Added by Stats. 2005, Ch. 653, Sec. 46. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5.1. Confidentiality of Information About Individuals With Exceptional Needs [56515- 56515.] SECTION 56515. Source version: id_7481ff34-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.1.&article= (a) In addition to the provisions of Chapter 6.5 (commencing with Section 49060) of Part 27, the confidentiality of personally identifiable information about individuals with exceptional needs shall be governed and protected in accordance with Sections 1412(a)(8) and 1417(c) of Title 20 of the United States Code and Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations, including Sections 300.611 to 300.626, inclusive, covering notice to parents, access rights, records of access, records on more than one child, list of types and locations of information, fees, amendment of records at parent’s request, opportunity for a hearing, result of hearing, hearing procedures, consent, destruction of information, children’s privacy rights, and enforcement, and Section 1413(i) of Title 20 of the United States Code and Section 300.229 of Title 34 of the Code of Federal Regulations, regarding disciplinary information. (b) Pursuant to Section 300.32 of Title 34 of the Code of Federal Regulations, “personally identifiable,” as used in this part, includes all of the following information: (1) The name of the child, the parent of the child, or other family member. (2) The address of the child. (3) A personal identifier, including, but not limited to, the social security number of the child, a pupil number, a list of personal characteristics, or other information that would make it possible to identify the child with reasonable certainty. (c) (1) In accordance with Section 300.622 of Title 34 of the Code of Federal Regulations, parental consent shall be obtained before personally identifiable information is disclosed to the parties, other than officials of participating agencies in accordance with Section 300.622(b)(1) of Title 34 of the Code of Federal Regulations, unless the information is contained in education records, and the disclosure is authorized without parental consent under Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations. Except as provided in paragraphs (2) and (3), parental consent is not required before personally identifiable information is released to officials of participating agencies for purposes of meeting a requirement of this part or Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. (2) Parental consent, or the consent of an eligible child who has reached the age of 18 years, shall be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services in accordance with Section 300.321(b)(3) of Title 34 of the Code of Federal Regulations. (3) If a child is enrolled, or is going to enroll in a private school that is not located in the local educational agency of the residence of the parent, parental consent shall be obtained before any personally identifiable information about the child is released between officials in the local educational agency where the private school is located and officials in the local educational agency of the residence of the parent. (Amended by Stats. 2007, Ch. 454, Sec. 33. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5.5. Behavioral Interventions [56520 - 56525] SECTION 56520. Source version: id_65fe864d-e389-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.5.&article= (a) The Legislature finds and declares all of the following: (1) That the state has continually sought to provide an appropriate and meaningful educational program in a safe and healthy environment for all children regardless of possible physical, mental, or emotionally disabling conditions. (2) That some schoolage individuals with exceptional needs have significant behavioral challenges that have an adverse impact on their learning or the learning of other pupils, or both. (3) That Section 1400(c)(5)(F) of Title 20 of the United States Code states that research and experience demonstrate that the education of children with disabilities can be made more effective by providing incentives for positive behavioral interventions and supports to address the learning and behavioral needs of those children. (4) That procedures for the elimination of maladaptive behaviors shall not include those deemed unacceptable under Section 49001 or those that cause pain or trauma. (b) It is the intent of the Legislature: (1) That children exhibiting serious behavioral challenges receive timely and appropriate assessments and positive supports and interventions in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and its implementing regulations. (2) That assessments and positive behavioral interventions and supports be developed and implemented in a manner informed by guidance from the United States Department of Education and technical assistance centers sponsored by the Office of Special Education Programs of the United States Department of Education. (3) That when behavioral interventions, supports, and other strategies are used, they be used in consideration of the pupil’s physical freedom and social interaction, be administered in a manner that respects human dignity and personal privacy, and that ensure a pupil’s right to placement in the least restrictive educational environment. (4) That behavioral intervention plans be developed and used, to the extent possible, in a consistent manner when the pupil is also the responsibility of another agency for residential care or related services. (5) That training programs be developed and implemented in institutions of higher education that train teachers and that in-service training programs be made available as necessary in school districts and county offices of education to ensure that adequately trained staff are available to work effectively with the behavioral intervention needs of individuals with exceptional needs. (Amended by Stats. 2013, Ch. 48, Sec. 41. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5.5. Behavioral Interventions [56520 - 56525] SECTION 56521. Source version: id_dad35185-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.5.&article= (a) This chapter applies to any individual with exceptional needs who is in a public school program, including a state school for the disabled pursuant to Part 32 (commencing with Section 59000), or who is placed in a nonpublic school program pursuant to Sections 56365 to 56366.5, inclusive. (b) The Superintendent of Public Instruction shall monitor and supervise the implementation of this chapter. (Amended by Stats. 1992, Ch. 759, Sec. 38. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5.5. Behavioral Interventions [56520 - 56525] SECTION 56521.1. Source version: id_f647c5b8-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.5.&article= (a) Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. (b) Emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior. (c) No emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the schoolsite administrator or law enforcement agency, as applicable to the situation. (d) Emergency interventions shall not include: (1) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. (2) Employment of a device, material, or objects that simultaneously immobilize all four extremities. (3) Prone restraint. (4) An amount of force that exceeds that which is reasonable and necessary under the circumstances. (e) To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified within one schoolday if an emergency intervention is used or serious property damage occurs. A behavioral emergency report shall immediately be completed and maintained in the file of the individual with exceptional needs. The behavioral emergency report shall include all of the following: (1) The name and age of the individual with exceptional needs. (2) The setting and location of the incident. (3) The name of the staff or other persons involved. (4) A description of the incident and the emergency intervention used, and whether the individual with exceptional needs is currently engaged in any systematic behavioral intervention plan. (5) Details of any injuries sustained by the individual with exceptional needs, or others, including staff, as a result of the incident. (f) All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator. (g) If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, to determine the necessity for a functional behavioral assessment, and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both. (h) If a behavioral emergency report is written regarding an individual with exceptional needs who has a positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem, or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan. (Amended by Stats. 2024, Ch. 857, Sec. 5. (SB 483) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5.5. Behavioral Interventions [56520 - 56525] SECTION 56521.2. Source version: id_f9323b7a-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.5.&article= (a) A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following: (1) Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock. (2) An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual. (3) An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities. (4) An intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma. (5) Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities. (6) Prone restraint. (7) Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. (8) An intervention that precludes adequate supervision of the individual. (9) An intervention that deprives the individual of one or more of the individual’s senses. (b) In the case of a child whose behavior impedes the child’s learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations. (Amended by Stats. 2024, Ch. 857, Sec. 6. (SB 483) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5.5. Behavioral Interventions [56520 - 56525] SECTION 56523. Source version: id_6951cfff-e389-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.5.&article= (a) The Superintendent shall repeal those regulations governing the use of behavioral interventions with individuals with exceptional needs receiving special education and related services that are no longer supported by statute, including Section 3052 and subdivisions (d), (e), (f), (g), and (ab) of Section 3001 of Title 5 of the California Code of Regulations, as those provisions existed on January 10, 2013. (b) This chapter is necessary to implement the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and associated federal regulations. This chapter is intended to provide the clarity, definition, and specificity necessary for local educational agencies to comply with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and shall be implemented by local educational agencies without the development by the Superintendent and adoption by the state board of any additional regulations. (c) Pursuant to Section 1401(9) of Title 20 of the United States Code, special education and related services must meet the standards of the department. (d) As a condition of receiving funding from the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a local educational agency shall agree to adhere to this chapter and implementing federal regulations set forth in this chapter. (e) The Superintendent may monitor local educational agency compliance with this chapter and may take appropriate action, including fiscal repercussions, if either of the following is found: (1) The local educational agency failed to comply with this chapter and failed to comply substantially with corrective action orders issued by the department resulting from monitoring findings or complaint investigations. (2) The local educational agency failed to implement the decision of a due process hearing officer based on noncompliance with this part, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the federal implementing regulations, wherein noncompliance resulted in the denial of, or impeded the delivery of, a free appropriate public education for an individual with exceptional needs. (f) Commencing with the 2010–11 fiscal year, if any activities authorized pursuant to this chapter and implementing regulations are found be a state reimbursable mandate pursuant to Section 6 of Article XIII B of the California Constitution, state funding provided for purposes of special education pursuant to Item 6110-161-0001 of Section 2.00 of the annual Budget Act shall first be used to directly offset any mandated costs. (g) The Legislature hereby requests the Department of Finance on or before December 31, 2013, to exercise its authority pursuant to subdivision (d) of Section 17557 of the Government Code to file a request with the Commission on State Mandates for the purpose of amending the parameters and guidelines of CSM-4464 to delete any reimbursable activities that have been repealed by statute or executive order and to update offsetting revenues that apply to the mandated program. (Amended by Stats. 2013, Ch. 48, Sec. 44. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5.5. Behavioral Interventions [56520 - 56525] SECTION 56524. Source version: id_dad35189-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.5.&article= The superintendent shall explore with representatives of institutions of higher education and the Commission on Teacher Credentialing, the current training requirements for teachers to ensure that sufficient training is available in appropriate behavioral interventions for people entering the field of education. (Added by Stats. 1990, Ch. 959, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 5.5. Behavioral Interventions [56520 - 56525] SECTION 56525. Source version: id_6ca47d71-e389-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=5.5.&article= (a) A person recognized by the national Behavior Analyst Certification Board as a Board Certified Behavior Analyst may conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs. (b) This section does not require a district, special education local plan area, or county office to use a Board Certified Behavior Analyst to conduct behavior assessments and provide behavioral intervention services for individuals with exceptional needs. (Amended by Stats. 2013, Ch. 48, Sec. 45. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] SECTION 56600. Source version: id_dad4d82d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=6.&article= It is the intent of the Legislature to provide for ongoing comprehensive evaluation of special education programs authorized by this part and to support the purposes of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), pursuant to subsection (d) of Section 1400 of Title 20 of the United States Code. (Amended by Stats. 2002, Ch. 492, Sec. 46. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] SECTION 56600.6. Source version: id_7304adfe-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=6.&article= (a) The Superintendent shall ensure that pupil and program performance results are monitored at the state and local levels in order to comply with Section 1412(a)(15) of Title 20 of the United States Code by evaluating pupil performance against key performance indicators. As necessary, other data may be collected to support the state’s participation in national studies and evaluations described in Section 1474(a) of Title 20 of the United States Code. (b) The Superintendent shall monitor, provide technical assistance, and enforce this part, and Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) in accordance with Section 1416 of Title 20 of the United States Code, and Subpart F (commencing with Section 300.600) of Title 34 of the Code of Federal Regulations, and annually report to the United States Department of Education on performance. (c) Pursuant to Section 300.600(b) of Title 34 of the Code of Federal Regulations, the primary focus of the state’s monitoring activities shall be on the following: (1) Improving educational results and functional outcomes for all individuals with exceptional needs. (2) Ensuring that public agencies meet the program requirements under this part and under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), with a particular emphasis on those requirements that are most closely related to improving educational results for individuals with exceptional needs. (d) As part of state monitoring and enforcement, the Superintendent shall use quantifiable indicators and qualitative indicators as are needed to adequately measure performance in the indicators established by the United States Secretary of Education, and in the following priority areas specified in Section 300.600(d) of Title 34 of the Code of Federal Regulations: (1) Provision of a free appropriate public education in the least restrictive environment. (2) State exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services as defined in Section 1437(a)(9) of Title 20 of the United States Code and in Section 300.43 of Title 34 of the Code of Federal Regulations. (3) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification. (e) As part of the performance plan of the state, as required in Section 300.601 of Title 34 of the Code of Federal Regulations, the Superintendent shall collect valid and reliable information as needed to report annually to the United States Secretary of Education. (Amended by Stats. 2007, Ch. 454, Sec. 34. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] SECTION 56601. Source version: id_bee80a5c-e41a-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=6.&article= (a) Each special education local plan area shall submit to the Superintendent at least annually information, in a form and manner prescribed by the Superintendent and developed in consultation with the special education local plan areas, in order for the Superintendent to carry out the evaluation responsibilities pursuant to Section 56602. This information shall include other statistical data, program information, and fiscal information that the Superintendent may require. The Superintendent shall use this information to answer questions from the Legislature and other state and federal agencies on program, policy, and fiscal issues of statewide interest. (b) In order to assist the state in evaluating the effectiveness of special education programs, including transition and work experience programs, the Superintendent shall, commencing with the 2017–18 fiscal year and phased in over a two-year period, assign a pupil identification number to individuals with exceptional needs for purposes of evaluating special education programs and related services. The Superintendent shall not disclose personally identifiable, individual pupil records to any person, institution, agency, or organization except as authorized by Section 1232g of Title 20 of the United States Code and Part 99 of Title 34 of the Code of Federal Regulations. (Amended by Stats. 2017, Ch. 561, Sec. 42. (AB 1516) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] SECTION 56601.5. Source version: id_fbf5ca4a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=6.&article= Pursuant to Section 1413(a)(7) of Title 20 of the United States Code and Section 300.211 of Title 34 of the Code of Federal Regulations, each special education local plan area annually shall report to the Superintendent the number of pupils receiving special education services participating in the regular school and district assessments and the number participating in an alternate assessment process. (Amended by Stats. 2007, Ch. 56, Sec. 89. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] SECTION 56602. Source version: id_dad4d835-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=6.&article= Pursuant to subparagraph (C) of paragraph (16) of subsection (a) of Section 1412 of Title 20 of the United States Code and Section 80.40 of Title 34 of the Code of Federal Regulations, the superintendent shall submit to the board, the Legislature, and the Governor, a biennial performance report of the special education programs implemented under this part. (Repealed and added by Stats. 2002, Ch. 492, Sec. 51. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] SECTION 56604. Source version: id_dad4d837-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=6.&article= (a) The superintendent shall coordinate the design of evaluations to prevent duplication and to minimize data collection and reporting requirements at the school and district levels. (b) The State Department of Education shall utilize sampling procedures whenever feasible. (Amended by Stats. 1988, Ch. 1508, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] SECTION 56605. Source version: id_dad4d839-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=6.&article= The superintendent shall periodically sponsor or conduct workshops and seminars for the education of local education agency personnel assigned to, and responsible for, the evaluation of local special education programs. (Amended by Stats. 1988, Ch. 1508, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 6. Evaluation, Audits, and Information [56600 - 56606] SECTION 56606. Source version: id_fc4597fc-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=6.&article= The Superintendent shall provide for onsite program and fiscal reviews of the implementation of plans approved under this part. In performing the reviews and audits, the Superintendent may utilize the services of persons outside of the department chosen for their knowledge of special education programs. A special education local plan area shall be reviewed at least once during the period of approval of its local plan. (Amended by Stats. 2007, Ch. 56, Sec. 90. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 1. Administration [56836 - 56836.05] SECTION 56836. Source version: id_dadf86a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=1. Commencing with the 1998–99 fiscal year and for each fiscal year thereafter, apportionments to special education local plan areas for special education programs operated by, and services provided by, districts, county offices, and special education local plan areas shall be computed pursuant to this chapter. (Added by Stats. 1997, Ch. 854, Sec. 65. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 1. Administration [56836 - 56836.05] SECTION 56836.01. Source version: id_dae10d43-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=1. Commencing with the 1998–99 fiscal year and each fiscal year thereafter, the administrator of each special education local plan area, in accordance with the local plan approved by the board, shall be responsible for the following: (a) The fiscal administration of the annual budget plan pursuant to paragraph (1) of subdivision (b) of Section 56205 and annual allocation plan for multidistrict special education local plan areas pursuant to Section 56836.05 for special education programs of school districts and county superintendents of schools composing the special education local plan area. (b) The allocation of state and federal funds allocated to the special education local plan area for the provision of special education and related services by those entities. (c) The reporting and accounting requirements prescribed by this part. (Amended by Stats. 2004, Ch. 896, Sec. 62. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 1. Administration [56836 - 56836.05] SECTION 56836.02. Source version: id_6df1d5c8-8167-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=1. (a) The Superintendent shall apportion funds from Section A of the State School Fund to districts and county offices of education in accordance with the allocation plan adopted pursuant to Section 56836.05, unless the allocation plan specifies that funds be apportioned to the administrative unit of the special education local plan area. If the allocation plan specifies that funds be apportioned to the administrative unit of the special education local plan area, the administrator of the special education local plan area shall, upon receipt, distribute the funds in accordance with the method adopted pursuant to subdivision (i) of Section 56195.7. The allocation plan shall, before submission to the Superintendent, be approved according to the local policymaking process established by the special education local plan area. (b) The Superintendent shall apportion funds for regionalized services and program specialists from Section A of the State School Fund to the administrative unit of each special education local plan area. Upon receipt, the administrator of a special education local plan area shall direct the administrative unit of the special education local plan area to distribute the funds in accordance with the annual budget plan adopted pursuant to paragraph (1) of subdivision (b) of Section 56205. (Amended by Stats. 2018, Ch. 32, Sec. 96. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 1. Administration [56836 - 56836.05] SECTION 56836.03. Source version: id_dae10d47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=1. (a) On or after January 1, 1998, each special education local plan area shall submit a revised local plan. Each special education local plan area shall submit its revised local plan not later than the time it is required to submit its local plan pursuant to subdivision (b) of Section 56100 and the revised local plan shall meet the requirements of Chapter 3 (commencing with Section 56205). (b) Until the board has approved the revised local plan and the special education local plan area begins to operate under the revised local plan, each special education local plan area shall continue to operate under the programmatic, reporting, and accounting requirements prescribed by the State Department of Education for the purposes of Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998. The department shall develop transition guidelines, and, as necessary, transition forms, to facilitate a transition from the reporting and accounting methods required for Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998, and related provisions of this part, to the reporting and accounting methods required for this chapter. Under no circumstances shall the transition guidelines exceed the requirements of the provisions described in paragraphs (1) and (2). The transition guidelines shall, at a minimum, do the following: (1) Describe the method for accounting for the instructional service personnel units and caseloads, as required by Chapter 7 (commencing with Section 56700) as that chapter existed on December 31, 1998. (2) Describe the accounting that is required to be made, if any, for the purposes of Sections 56030, 56140, 56156.4, 56361.5, 56362, 56363.3, 56366.2, 56366.3, 56441.5, and 56441.7. (c) Commencing with the 1997–98 fiscal year, through and including the fiscal year in which equalization among special education local plan areas has been achieved, the board shall not approve any proposal to divide a special education local plan area into two or more units, unless the division has no net impact on state costs for special education; provided, however, that the board may approve a proposal that was initially submitted to the department prior to January 1, 1997. (Amended by Stats. 2004, Ch. 896, Sec. 63. Effective September 29, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 1. Administration [56836 - 56836.05] SECTION 56836.04. Source version: id_fc9628fe-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=1. (a) The Superintendent continuously shall monitor and review all special education programs approved under this part to ensure that all funds appropriated to special education local plan areas under this part are expended for the purposes intended. (b) Funds apportioned to special education local plan areas pursuant to this chapter are to assist local educational agencies to provide special education and related services to individuals with exceptional needs and shall be expended exclusively for programs operated under this part. (Amended by Stats. 2007, Ch. 56, Sec. 91. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 1. Administration [56836 - 56836.05] SECTION 56836.045. Source version: id_1e2d5917-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=1. For the 2022–23 fiscal year, the Superintendent shall only make the computations described in Sections 56836.14, 56836.142, 56836.144, 56836.146, 56836.148, and 56836.15 upon receiving a joint notification from the Director of Finance, or the director’s designee, and the chairperson and vice chairperson of the Joint Legislative Budget Committee, or their designees, that a bill providing for appropriations related to the budget bill, within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, that is identified in the Budget Act of 2022 makes statutory changes designed to improve the academic outcomes of individuals with exceptional needs. These statutory changes may include, but are not limited to, all of the following topics: (a) Clarification of the roles of local educational agencies and special education local plan areas in the delivery of special education services and supports for pupils with disabilities, including improved alignment between special education and general education program development, budgeting and continuous improvement, in a manner that aligns with the statewide system of support. (b) Statutory changes to the existing funding allocations for special education to improve services and supports to pupils with disabilities. (c) Expansion of early intervention and inclusive practices to ensure that every individual with exceptional needs has access to learn in the least restrictive environment, as appropriate. (d) Additional statutory changes that may result from the examinations into special education services and supports as authorized in Section 50 of Chapter 51 of the Statutes of 2019, and Provisions 23, 24, and 25 in Schedule (2) of Item 6100-001-0890 of Chapter 6 of the Statutes of 2020. (Added by Stats. 2021, Ch. 44, Sec. 96. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 1. Administration [56836 - 56836.05] SECTION 56836.05. Source version: id_dae10d4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=1. (a) Apportionments made under this part shall be made by the superintendent as early as practicable in the fiscal year. Upon order of the superintendent, the Controller shall draw warrants upon the money appropriated, in favor of the eligible special education local plan areas. (b) If the special education local plan area is a multidistrict special education local plan area, and the approved allocation plan does not specify that funds will be apportioned to the special education local plan area administrative unit, the special education local plan area shall submit to the superintendent an annual allocation plan to allocate funds received in accordance with this chapter among the local educational agencies within the special education local plan area. The annual allocation plan may be revised during any fiscal year, and these revisions may be submitted to the superintendent as amendments. The amendments shall, prior to submission to the superintendent, be approved according to the policymaking process established by the special education local plan area. (c) If funds are apportioned to a special education local plan area administrative unit in the 1998–99 fiscal year and the special education local plan area administrative unit is changed in the 1998–99 fiscal year or thereafter, monthly payments shall be made according to the schedule in paragraph (2) of subdivision (a) of Section 14041 unless all local educational agencies are on the same schedule. If all local educational agencies are on the same schedule, the appropriate schedule in paragraph (2), (7), or (8) of subdivision (a) of Section 14041 shall apply. (Amended by Stats. 1998, Ch. 89, Sec. 49. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.06. Source version: id_968c6ded-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. (a) For purposes of this article, the following terms or phrases have the following meanings, unless the context clearly requires otherwise: (1) “Average daily attendance reported for the special education local plan area” means the total of the following: (A) The total number of units of average daily attendance reported for the second principal apportionment pursuant to Section 41601 for all pupils enrolled in the district or districts that are a part of the special education local plan area. (B) The total number of units of average daily attendance reported pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in schools operated by the county office or offices that comprise the special education local plan area, or for those county offices that are a part of more than one special education local plan area, that portion of the average daily attendance of pupils enrolled in the schools operated by the county office that are under the jurisdiction of the special education local plan area. (2) For purposes of computing apportionments pursuant to this chapter for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the term “average daily attendance” means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in districts within the County of Los Angeles and all schools operated by the Los Angeles County Office of Education and the districts within the County of Los Angeles. (3) “Special education local plan area” includes the school district or districts and county office or offices of education comprising the special education local plan area. (4) “The fiscal year in which equalization among special education local plan areas has been achieved” means the first fiscal year in which each special education local plan area is funded at or above the statewide target amount per unit of average daily attendance, as computed pursuant to Section 56836.11. (5) For a charter school deemed a local educational agency for purposes of special education, an amount equal to the amount computed pursuant to Section 56836.08 for the special education local plan area in which the charter school is included shall be apportioned by the department pursuant to the local allocation plan developed pursuant to subdivision (i) of Section 56195.7 or 56836.05, or both. (b) This section shall become inoperative on July 1, 2020. (Amended by Stats. 2021, Ch. 124, Sec. 23. (AB 938) Effective January 1, 2022. Inoperative July 1, 2020, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.07. Source version: id_829833de-fed3-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. (a) For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, to the extent there is an appropriation in the annual Budget Act for purposes of educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.06, reported for the special education local plan area. For the 2004–05 fiscal year to the 2019–20 fiscal year, inclusive, for which there is an appropriation in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area based on the ratio of the amount per unit of average daily attendance determined pursuant to Section 56836.10 to the amount of the statewide target per unit of average daily attendance determined pursuant to Section 56836.11. (b) For the 2020–21, 2021–22, and 2022–23 fiscal years, to the extent there is an appropriation of federal funds in the annual Budget Act for purposes of educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.06, reported for the special education local plan area for the 2019–20 fiscal year as of the second principal apportionment. For the 2020–21, 2021–22, and 2022–23 fiscal years, to the extent there is an appropriation of federal funds in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area based on the ratio of the amount per unit of average daily attendance for the 2019–20 fiscal year determined pursuant to Section 56836.10 to the amount of the statewide target per unit of average daily attendance for the 2019–20 fiscal year determined pursuant to Section 56836.11. (c) For the 2020–21, 2021–22, and 2022–23 fiscal years, to the extent there is a General Fund appropriation in the annual Budget Act for purposes of mental health-related services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.06, reported for the special education local plan area for the 2019–20 fiscal year as of the second principal apportionment. For the 2020–21, 2021–22, and 2022–23 fiscal years, to the extent there is a General Fund appropriation in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area based on the ratio of the amount per unit of average daily attendance for the 2019–20 fiscal year determined pursuant to Section 56836.10 to the amount of the statewide target per unit of average daily attendance for the 2019–20 fiscal year determined pursuant to Section 56836.11. (d) For the 2023–24 fiscal year and each fiscal year thereafter, to the extent there is an appropriation of federal funds in the annual Budget Act for purposes of educationally related mental health services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.144, reported for the local educational agency for the prior fiscal year as of the second principal apportionment. For the 2023–24 fiscal year and each fiscal year thereafter for which there is an appropriation of federal funds in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community Schools based on the ratio of the amount per unit of average daily attendance for the prior fiscal year determined pursuant to Section 56836.146. (e) For the 2023–24 fiscal year and each fiscal year thereafter, to the extent there is a General Fund appropriation in the annual Budget Act for purposes of mental health-related services, the Superintendent shall allocate funds per unit of average daily attendance, as defined in Section 56836.144, reported for the local educational agency for the current fiscal year as of the second principal apportionment. For the 2023–24 fiscal year and each fiscal year thereafter for which there is a General Fund appropriation in the annual Budget Act for this purpose, the Superintendent shall determine a proportionate share, consistent with existing law, to the Los Angeles County Juvenile Court and Community Schools based on the ratio of the amount per unit of average daily attendance for the current fiscal year determined pursuant to Section 56836.146. (f) For the 2020–21 fiscal year and each fiscal year thereafter, the General Fund appropriations specified in subdivisions (c) and (e) shall be available for all mental health-related services for pupils with or without an individualized education program, including, but not limited to, all of the following: (1) Out-of-home residential services for emotionally disturbed pupils. (2) Counseling and guidance services, including counseling, personal counseling, and parental counseling and training. (3) Psychological services. (4) Social work services. (5) Behavioral interventions. (6) Any other mental health-related service not necessarily required by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (Amended by Stats. 2022, Ch. 52, Sec. 91. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.08. Source version: id_9faad5d1-c132-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. (a) For the 1998–99 fiscal year, the Superintendent shall make the following computations to determine the amount of funding for each special education local plan area: (1) Add the amount of funding per unit of average daily attendance computed for the special education local plan area pursuant to paragraph (1) of subdivision (a) of Section 56836.10 to the inflation adjustment computed pursuant to subdivision (d) for the 1998–99 fiscal year. (2) Multiply the amount computed in paragraph (1) by the units of average daily attendance reported for the special education local plan area for the 1997–98 fiscal year, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that subdivision read on July 1, 1996. (3) Add the actual amount of the equalization adjustment, if any, computed for the 1998–99 fiscal year pursuant to Section 56836.14 to the amount computed in paragraph (2). (4) Add or subtract, as appropriate, the adjustment for growth computed pursuant to Section 56836.13 from the amount computed in paragraph (3). (b) (1) For the 1999–2000 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of funding for each special education local plan area for the fiscal year in which the computation is made: (A) Add the amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year pursuant to Section 56836.10 to the inflation adjustment computed pursuant to subdivision (d) through the 2012–13 fiscal year, and for the 2013–14 fiscal year and each fiscal year thereafter, the inflation adjustment computed pursuant to subdivision (f), for the fiscal year in which the computation is made. (B) For the 1999–2000 fiscal year to the 2018–19 fiscal year, inclusive, multiply the amount computed in subparagraph (A) by the units of average daily attendance reported for the special education local plan area for the prior fiscal year. For the 2019–20 fiscal year and each fiscal year thereafter, multiply the amount computed in subparagraph (A) by the units of average daily attendance upon which funding was based for the prior year. (C) Add or subtract, as appropriate, the adjustment for growth or decline in enrollment, if any, computed for the special education local plan area for the fiscal year in which the computation is made pursuant to Section 56836.13 from the amount computed in subparagraph (B). (2) For the 1999–2000 fiscal year to the 2018–19 fiscal year, inclusive, the amount of funding for each special education local plan area shall be the amount computed in paragraph (1). (3) Subject to Section 56836.045, for the 2019–20 fiscal year and each fiscal year thereafter, the Superintendent shall determine the amount of funding for each special education local plan area, which shall be the greater of either subparagraph (A) or (B): (A) The amount of funding computed for each special education local plan area pursuant to paragraph (1). (B) An amount of funding computed as follows: (i) Calculate the funded units of average daily attendance based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made or the prior fiscal year, whichever is greater. (ii) For the 2019–20 fiscal year, calculate the amount of funding per unit of average daily attendance pursuant to Section 56836.11. For the 2020–21 fiscal year and every fiscal year thereafter, the amount of funding per unit of average daily attendance shall be the amount computed pursuant to this clause for the prior fiscal year multiplied by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (iii) Multiply the funded units of average daily attendance computed in clause (i) by the amount of funding per unit of average daily attendance computed in clause (ii). (C) If the amount of funding for a special education local plan area is determined pursuant to subparagraph (B) as of the second principal apportionment for the fiscal year in which the computation is made, the special education local plan area shall be funded pursuant to subparagraph (B) for each fiscal year thereafter. (c) For the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim: (1) Add the total of the amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made to the amount of federal funds allocated for the purposes of paragraph (1) of subdivision (a) of Section 56836.09 for the fiscal year in which the computation is made. (2) Add the amount of funding computed for the special education local plan area pursuant to subdivision (a) for the 1998–99 fiscal year, and commencing with the 1999–2000 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed for the fiscal year in which the computations were made pursuant to subdivision (b) to the amount of funding computed for the special education local plan area pursuant to Article 3 (commencing with Section 56836.165). (3) Subtract the sum computed in paragraph (1) from the sum computed in paragraph (2). (d) For the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall make the following computations to determine the inflation adjustment for the fiscal year in which the computation is made: (1) For the 1998–99 fiscal year, multiply the sum of the statewide target amount per unit of average daily attendance for special education local plan areas for the 1997–98 fiscal year computed pursuant to paragraph (3) of subdivision (a) of Section 56836.11 by the inflation adjustment computed pursuant to Section 42238.1 for the 1998–99 fiscal year. (2) For the 1999–2000 fiscal year to the 2012–13 fiscal year, inclusive, multiply the sum of the statewide target amount per unit of average daily attendance for special education local plan areas for the prior fiscal year computed pursuant to Section 56836.11 for the prior fiscal year by the inflation adjustment computed pursuant to Section 42238.1 for the fiscal year in which the computation is made. (3) For purposes of computing the inflation adjustment for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area for the 1998–99 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall multiply the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year pursuant to Section 56836.10 by the inflation adjustment computed pursuant to Section 42238.1 for the fiscal year in which the computation is being made. (e) Notwithstanding any other law, for the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim: (1) Determine the total amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made. (2) Calculate the amount of funding computed for the special education local plan area pursuant to subdivision (b) for the fiscal year in which the computation is made. (3) Subtract the amount computed in paragraph (1) from the amount computed in paragraph (2). (f) For the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the inflation adjustment for the fiscal year in which the computation is made: (1) Multiply the statewide target amount per unit of average daily attendance for special education local plan areas for the prior fiscal year computed pursuant to Section 56836.11 by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (2) For purposes of computing the inflation adjustment for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall multiply the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year pursuant to Section 56836.10 by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (g) This section shall become inoperative on July 1, 2020. (Amended by Stats. 2020, Ch. 24, Sec. 71. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.09. Source version: id_daebbbb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. For the purpose of computing the amount to apportion to each special education local plan area for the 1998–99 fiscal year, the superintendent shall compute the total amount of funding received by the special education local plan area for the 1997–98 fiscal year as follows: (a) Add the following amounts that were received for the 1997–98 fiscal year: (1) The total amount of federal funds apportioned to the special education local plan area pursuant to subdivisions (b) and (h) of the Schedule in Item 6110-161-0890 of Section 2.00 of the Budget Act of 1997 for the purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive. (2) The total amount of property taxes allocated to the special education local plan area pursuant to Section 2572, excluding any property taxes used to fund a program for individuals with exceptional needs younger than three years of age in the special education local plan area for the 1997–98 fiscal year. (3) The total amount of General Fund moneys allocated to the special education local plan area pursuant to Chapter 7 (commencing with Section 56700) plus the total amount received for equalization pursuant to Chapter 7.1 (commencing with Section 56835), as those chapters existed on December 31, 1998. (4) The total amount of General Fund moneys allocated to another special education local plan area for any pupils with exceptional needs who are served by the other special education local plan area but who are residents of the special education local plan area for which this computation is being made. (b) Add the following amounts received in the 1997–98 fiscal year: (1) The total amount determined for the special education local plan area for the purpose of providing nonpublic, nonsectarian school services to licensed children’s institutions, foster family homes, residential medical facilities, and other similar facilities for the 1997–98 fiscal year pursuant to Article 3 (commencing with Section 56836.16). (2) The total amount of General Fund moneys allocated for any pupils with exceptional needs who are served by the special education local plan area but who do not reside within the boundaries of the special education local plan area. (3) The total amount of General Fund moneys allocated to the special education local plan area to perform the regionalized operations and services functions listed in Article 6 (commencing with Section 56836.23) and to provide the direct instructional support of program specialists in accordance with Section 56368. (4) The total amount of General Fund moneys allocated to the special education local plan area for individuals with exceptional needs younger than three years of age pursuant to Chapter 7 (commencing with Section 56700), as that chapter existed on December 31, 1998. (5) The total amount of General Fund moneys allocated to local educational agencies within the special education local plan area pursuant to Section 56771, as that section existed on December 31, 1998, for specialized books, materials, and equipment for pupils with low-incidence disabilities. (c) Subtract the sum computed in subdivision (b) from the sum computed in subdivision (a). (Amended by Stats. 1998, Ch. 330, Sec. 14. Effective August 21, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.095. Source version: id_5f2c030e-fe2d-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. For the 2001–02 fiscal year, the Superintendent shall make the following computations in the following order: (a) Complete the calculations required to adjust the statewide total average daily attendance pursuant to Section 56836.156, and adjust the statewide target per unit of average daily attendance for the 2001–02 fiscal year in accordance with this calculation. (b) Compute and distribute the amount of funding appropriated for increasing the statewide target amount per unit of average daily attendance pursuant to Section 56836.158. (c) Compute and provide a permanent adjustment for each special education local plan area pursuant to Section 56836.159. (Amended by Stats. 2014, Ch. 32, Sec. 45. (SB 858) Effective June 20, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.10. Source version: id_b18cee03-c132-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. (a) The Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the 1998–99 fiscal year: (1) Divide the amount of funding for the special education local plan area computed for the 1997–98 fiscal year pursuant to Section 56836.09 by the number of units of average daily attendance, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010 as that subdivision read on July 1, 1997, reported for the special education local plan area for the 1997–98 fiscal year. (2) Add the amount computed in paragraph (1) to the inflation adjustment computed pursuant to subdivision (d) of Section 56836.08 for the 1998–99 fiscal year. (b) Commencing with the 1999–2000 fiscal year and continuing through the 2012–13 fiscal year, inclusive, the Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area for the fiscal year in which the computation is made: (1) For the 1999–2000 fiscal year, divide the amount of funding for the special education local plan area computed for the 1998–99 fiscal year pursuant to subdivision (a) of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 for the special education local plan area for the 1998–99 fiscal year. (2) For the 2000–01 fiscal year, to the 2012–13 fiscal year, inclusive, divide the amount of funding for the special education local plan area computed for the prior fiscal year pursuant to subdivision (b) of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 for the special education local plan area for the prior fiscal year. (c) Notwithstanding any other law, for the 2013–14 fiscal year, the Superintendent shall make the following computations to determine the amount of funding per unit of average daily attendance for each special education local plan area: (1) From the amount of funding for the special education local plan area computed for the 2012–13 fiscal year pursuant to subdivision (b) of Section 56836.08, subtract the total amount of federal funds apportioned to the special education local plan area pursuant to Schedule (1) of Item 6110-161-0890 of Section 2.00 of the Budget Act of 2013 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive. (2) Divide the amount computed in paragraph (1) by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 for the special education local plan area for the 2012–13 fiscal year. (d) For the 2014–15 fiscal year, and each fiscal year thereafter, divide the amount of funding for the special education local plan area computed for the prior fiscal year pursuant to subdivision (b) of Section 56836.08 by the number of units of average daily attendance upon which funding is based pursuant to subdivision (a) of Section 56836.13 for the special education local plan area for the prior fiscal year. For the 2014–15 fiscal year, the amount of funding per unit of average daily attendance for each special education local plan area shall include funding provided pursuant to Section 56836.12. (e) This section shall become inoperative on July 1, 2020. (Amended by Stats. 2020, Ch. 24, Sec. 72. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.11. Source version: id_c356ea55-c132-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. (a) For the purpose of computing the equalization adjustment for special education local plan areas for the 1998–99 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas: (1) Total the amount of funding computed for each special education local plan area excluding the amount of funding computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, pursuant to Section 56836.09 for the 1997–98 fiscal year. (2) Total the number of units of average daily attendance reported for each special education local plan area for the 1997–98 fiscal year, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996, and excluding the units of average daily attendance computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area. (3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2) to determine the statewide target amount for the 1997–98 fiscal year. (4) Add the amount computed in paragraph (3) to the inflation adjustment computed pursuant to subdivision (d) of Section 56836.08 for the 1998–99 fiscal year to determine the statewide target amount for the 1998–99 fiscal year. (b) Commencing with the 1999–2000 fiscal year to the 2004–05 fiscal year, inclusive, to determine the statewide target amount per unit of average daily attendance for special education local plan areas, the Superintendent shall multiply the statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section by one plus the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made. (c) For the 2005–06 fiscal year, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13, as follows: (1) The 2004–05 fiscal year statewide target amount per unit of average daily attendance less the sum of the 2004–05 fiscal year total amount of federal funds apportioned pursuant to Schedule (1) in Item 6110-161-0890 of Section 2.00 of the Budget Act of 2004 for purposes of special education for individuals with exceptional needs enrolled in kindergarten and grades 1 to 12, inclusive, divided by the total average daily attendance computed for the 2004–05 fiscal year. (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made. (3) Add the amounts computed in paragraphs (1) and (2). (d) Commencing with the 2006–07 fiscal year and continuing through the 2012–13 fiscal year, inclusive, the Superintendent shall make the following computation to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to paragraph (2) of subdivision (d) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13: (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section. (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the fiscal year in which the computation is made. (3) Add the amounts computed in paragraphs (1) and (2). (e) For the 2013–14 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance to determine the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13, as follows: (1) Total the amount of funding computed for each special education local plan area pursuant to the amount computed in subdivision (b) of Section 56836.08, including the amount of funds appropriated pursuant to Provision 22 of Item 6110-161-0001 of Section 2.00 of the Budget Act of 2013, and excluding the amount of funding computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, for the 2013–14 fiscal year. (2) Total the number of units of average daily attendance reported for each special education local plan area for the 2012–13 fiscal year, excluding the units of average daily attendance computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area. (3) Divide the sum computed in paragraph (1) by the sum computed in paragraph (2). (f) For the 2014–15 fiscal year to the 2017–18 fiscal year, inclusive, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13: (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section. (2) Multiply the amount computed in paragraph (1) by the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 2014–15 fiscal year and each fiscal year thereafter. (3) Add the amounts computed in paragraphs (1) and (2). (g) For the 2018–19 fiscal year, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13: (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section. (2) Subtract the amount computed pursuant to subparagraph (B) of paragraph (1) of subdivision (a) of Section 56836.24 for the 2017–18 fiscal year from the amount computed in paragraph (1). (3) Multiply the amount computed in paragraph (2) by the inflation factor for the 2018–19 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (4) Add the amounts computed in paragraphs (2) and (3). (h) Commencing with the 2019–20 fiscal year and continuing each fiscal year thereafter, the Superintendent shall make the following computations to determine the statewide target amount per unit of average daily attendance for special education local plan areas for the purpose of computing the inflation adjustment pursuant to subdivision (f) of Section 56836.08 and growth pursuant to subdivision (c) of Section 56836.13: (1) The statewide target amount per unit of average daily attendance computed for the prior fiscal year pursuant to this section. (2) Multiply the amount computed in paragraph (1) by the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (3) Add the amounts computed in paragraphs (1) and (2). (i) This section shall become inoperative on July 1, 2020. (Amended by Stats. 2020, Ch. 24, Sec. 73. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.12. Source version: id_fb5e77d3-c12e-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. (a) For the 2013–14 fiscal year, the Superintendent shall compute an equalization adjustment for each special education local plan area, excluding the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, so that the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) of Section 56836.10 of a special education local plan area is not less than the special education funding rate per unit of average daily attendance calculated pursuant to subdivision (c) of Section 56836.10 that does not fall below more than 10 percent of the total statewide units of average daily attendance for each special education local plan area. (b) The Superintendent shall compute an equalization adjustment for each special education local plan area’s special education funding rate per unit of average daily attendance, excluding the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, as follows: (1) Multiply the amount computed for each special education local plan area pursuant to subdivision (a) by the average daily attendance used to calculate the special education local plan area’s special education funding for the 2013–14 fiscal year. (2) Divide the amount appropriated for purposes of this section for the 2013–14 fiscal year by the statewide sum of the amount computed pursuant to paragraph (1). (3) Multiply the amount computed for the special education local plan area pursuant to subdivision (a) by the amount computed pursuant to paragraph (2). (c) For purposes of this section, the statewide 90th percentile special education funding rate determined pursuant to subdivision (a), and the fraction computed pursuant to paragraph (2) of subdivision (b) for the 2012–13 second principal apportionment, shall be final, and shall not be recalculated at subsequent apportionments. The fraction computed pursuant to paragraph (2) of subdivision (b) shall not exceed 1.00. (Added by renumbering Section 56836.145 by Stats. 2020, Ch. 24, Sec. 74. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2. Computation of Apportionments [56836.06 - 56836.13] SECTION 56836.13. Source version: id_0bf52445-c12f-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2. (a) In order to mitigate the effects of any declining enrollment, commencing in the 1998–99 fiscal year, and each fiscal year thereafter, the Superintendent shall calculate allocations to special education local plan areas based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made or the prior fiscal year, whichever is greater. However, the prior fiscal year average daily attendance reported for the special education local plan area shall be adjusted for any loss or gain of average daily attendance reported for the special education local plan area due to a reorganization or transfer of territory in the special education local plan area. (b) For the 1998–99 fiscal year only, the prior year average daily attendance used in this section shall be the 1997–98 average daily attendance reported for the special education local plan area, excluding average daily attendance for absences excused pursuant to subdivision (b) of Section 46010, as that section read on July 1, 1996. (c) If in the fiscal year for which the computation is made, the number of units of average daily attendance upon which allocations to the special education local plan area are based is greater than the number of units of average daily attendance upon which allocations to the special education local plan area were based in the prior fiscal year, the special education local plan area shall be allocated a growth adjustment equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2). (1) The statewide target amount per unit of average daily attendance for special education local plan areas determined pursuant to Section 56836.11. (2) The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year. (d) If in the fiscal year for which the computation is made, the number of units of average daily attendance upon which allocations to the special education local plan area are based is less than the number of units of average daily attendance upon which allocations to the special education local plan area were based in the prior fiscal year, the special education local plan area shall receive a funding reduction equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2): (1) The amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year. For the 2013–14 fiscal year only, the amount of funding per unit of average daily attendance computed for the special education local plan area for the 2013–14 fiscal year shall be used for this purpose. (2) The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year. (e) If, in the fiscal year for which the computation is made, the number of units of average daily attendance upon which the allocations to the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area are based is greater than the number of units of average daily attendance upon which the allocations to that special education local plan area were based in the prior fiscal year, that special education local plan area shall be allocated a growth adjustment equal to the product determined by multiplying the amounts determined under paragraphs (1) and (2). (1) The amount of funding per unit of average daily attendance computed for the special education local plan area for the prior fiscal year pursuant to Section 56836.10 multiplied by one plus the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013. For the 2013–14 fiscal year only, the amount of funding per unit of average daily attendance computed for the special education local plan area for the 2013–14 fiscal year shall be used, and multiplied by one plus the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, or any successor section of law enacted by the Legislature that specifies the inflation factor contained in Section 42238.1, as that section read on January 1, 2013, for application to the 2013–14 fiscal year and each fiscal year thereafter. (2) The difference between the number of units of average daily attendance upon which allocations to the special education local plan area are based for the fiscal year in which the computation is made and the number of units of average daily attendance upon which allocations to the special education local plan area were based for the prior fiscal year. (f) This section shall become inoperative on July 1, 2020. (Added by renumbering Section 56836.15 by Stats. 2020, Ch. 24, Sec. 75. (SB 98) Effective June 29, 2020. Inoperative July 1, 2020, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] SECTION 56836.14. Source version: id_f10dbd79-c12d-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.2. Commencing with the 2020–21 fiscal year and for each fiscal year thereafter, the Superintendent shall annually calculate the special education funding formula pursuant to this article. (Added by Stats. 2020, Ch. 24, Sec. 76. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] SECTION 56836.142. Source version: id_9a71704f-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.2. (a) For purposes of this article, the following terms and phrases have the following meanings: (1) “Average daily attendance reported for a special education local plan area” means the total of the following: (A) The total number of units of average daily attendance reported for the second principal apportionment pursuant to Section 41601 for all pupils enrolled in the district or districts that are a part of the special education local plan area. (B) The total number of units of average daily attendance reported pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in schools operated by the county office or offices that comprise the special education local plan area, or for those county offices that are a part of more than one special education local plan area, that portion of the average daily attendance of pupils enrolled in the schools operated by the county office that are under the jurisdiction of the special education local plan area. (2) For purposes of computing apportionments pursuant to this chapter for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the term “average daily attendance” means the total number of units of average daily attendance reported for the second principal apportionment pursuant to subdivisions (a) and (b) of Section 41601 for all pupils enrolled in districts within the County of Los Angeles and all schools operated by the Los Angeles County Office of Education and the districts within the County of Los Angeles. (3) “Special education local plan area” includes the school district or districts, county office or offices of education, and charter schools comprising the special education local plan area. (b) (1) For purposes of this article, the inflation factor shall be the percentage change in the annual average value of the Implicit Price Deflator for the State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (2) The inflation factor shall be determined pursuant to this subdivision unless otherwise specified in the annual Budget Act. (Amended by Stats. 2021, Ch. 124, Sec. 24. (AB 938) Effective January 1, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] SECTION 56836.144. Source version: id_87286a60-fed3-11ec-9d26-ab80667b1746 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.2. (a) For the 2020–21 and 2021–22 fiscal years, the Superintendent shall calculate allocations to special education local plan areas based on the average daily attendance reported for the special education local plan area for the fiscal year in which the computation is made, the most recent prior fiscal year, or the second most recent prior fiscal year, whichever is greatest. (b) Commencing with the 2022–23 fiscal year, the Superintendent shall calculate special education funding allocations based on the average daily attendance reported for each local educational agency and charter school that is a local educational agency for purposes of special education accountability pursuant to Section 47641 for the fiscal year in which the computation is made, the most recent prior fiscal year, or the second most recent prior fiscal year, whichever is greatest. (c) Commencing with the 2022–23 fiscal year, if a charter school becomes a local educational agency for purposes of special education accountability, the average daily attendance reported for the charter school in the year the computation is made, the most recent prior fiscal year, and the second most recent prior fiscal year shall be attributed to the charter school. (Amended by Stats. 2022, Ch. 52, Sec. 92. (AB 181) Effective June 30, 2022.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] SECTION 56836.146. Source version: id_238502b8-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.2. (a) For the 2020–21 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following: (1) Six hundred twenty-five dollars ($625) per unit of average daily attendance. (2) The amount of funding per unit of average daily attendance calculated in the 2019–20 fiscal year pursuant to Section 56836.08 for the special education local plan area. (b) For the 2021–22 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following: (1) Seven hundred fifteen dollars ($715) per unit of average daily attendance. (2) The amount of funding per unit of average daily attendance calculated in the 2020–21 fiscal year pursuant to paragraph (2) of subdivision (a), adjusted by the inflation factor described in Section 56836.142, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year. (c) For the 2022–23 fiscal year, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following: (1) Eight hundred twenty dollars ($820) per unit of average daily attendance. (2) The amount of funding per unit of average daily attendance calculated in the 2021–22 fiscal year pursuant to paragraph (2) of subdivision (b). (d) For the 2023–24 to 2025–26 fiscal years, inclusive, the Superintendent shall determine the amount of funding per unit of average daily attendance for each special education local plan area, which shall be the greater of the following: (1) For the 2023–24 fiscal year, the amount of funding per unit of average daily attendance calculated for the 2022–23 fiscal year pursuant to paragraph (1) of subdivision (c), adjusted by the inflation factor described in Section 56836.142. For the 2024–25 and 2025–26 fiscal years, the amount of funding per unit of average daily attendance calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142. (2) The amount of funding per unit of average daily attendance calculated for the prior fiscal year pursuant to paragraph (2) of subdivision (c). (e) For the 2026–27 fiscal year, the amount of funding per unit of average daily attendance for each special education local plan area shall be one thousand three hundred forty dollars ($1,340). (f) Commencing with the 2027–28 fiscal year and for each fiscal year thereafter, the Superintendent shall calculate the amount of funding per unit of average daily attendance for each special education local plan area by adjusting the amount of funding per unit of average daily attendance for the prior fiscal year by the inflation factor described in Section 56836.142. (g) For purposes of calculating the amount of funding per unit of average daily attendance for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall make the following computations: (1) For the 2020–21 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2019–20 fiscal year pursuant to Section 56836.10 by 13 percent and then multiply by the inflation factor described in Section 56836.142 for the 2020–21 fiscal year. (2) For the 2021–22 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2020–21 fiscal year by 10 percent, and then adjust that amount by the inflation factor described in Section 56836.142 for the 2021–22 fiscal year, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year. (3) For the 2022–23 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2021–22 fiscal year by 14 percent. (4) For the 2023–24 to the 2025–26 fiscal years, inclusive, the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year shall be adjusted by the inflation factor described in Section 56836.142 for the current fiscal year. (5) For the 2026–27 fiscal year, increase the amount of funding per unit of average daily attendance computed for that special education local plan area for the 2025–26 fiscal year by 46 percent. (6) Commencing with the 2027–28 fiscal year and for each fiscal year thereafter, the amount of funding per unit of average daily attendance computed for that special education local plan area for the prior fiscal year shall be adjusted by the inflation factor described in Section 56836.142 for the current fiscal year. (Amended by Stats. 2026, Ch. 65, Sec. 126. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] SECTION 56836.148. Source version: id_262c2dea-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.2. (a) For the 2020–21 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (a) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) Section 56836.144 for the corresponding special education local plan area. (b) For the 2021–22 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by multiplying the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (b) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144 for the corresponding special education local plan area. (c) For the 2022–23 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (c) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144. (d) For the 2023–24 to 2025–26 fiscal years, inclusive, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (d) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144. (e) For the 2026–27 fiscal year, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (e) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144. (f) Commencing with the 2027–28 fiscal year and for each fiscal year thereafter, the Superintendent shall determine the base grant funding for each special education local plan area by adding the products of the amount funded per unit of average daily attendance for each special education local plan area computed in subdivision (f) of Section 56836.146 multiplied by the funded average daily attendance for each member local educational agency and charter school that is a local educational agency for purposes of special education computed in subdivision (b) of Section 56836.144. (g) For purposes of calculating the base funding for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the Superintendent shall make the following computations: (1) For the 2020–21 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (1) of subdivision (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144. (2) For the 2021–22 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (2) of subdivision (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (a) of Section 56836.144. (3) For the 2022–23 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (3) of subdivision (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144. (4) For the 2023–24 to 2025–26 fiscal years, inclusive, multiply the amount of funding per unit of average daily attendance computed in paragraph (4) of subdivision (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144. (5) For the 2026–27 fiscal year, multiply the amount of funding per unit of average daily attendance computed in paragraph (5) of subdivision (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144. (6) Commencing with the 2027–28 fiscal year and for each fiscal year thereafter, multiply the amount of funding per unit of average daily attendance computed in paragraph (6) of subdivision (g) of Section 56836.146 by the funded average daily attendance computed in subdivision (b) of Section 56836.144. (h) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, the Superintendent shall make publicly available the amount of special education funding each local educational agency generates for their special education local plan area pursuant to subdivisions (c) and (d). (i) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, each special education local plan area shall report to their member local educational agencies no later than 30 days after receiving their apportionment the amount of funding each local educational agency generates pursuant to subdivisions (c) and (d). (j) For the 2023–24 fiscal year, each special education local plan area shall, at a minimum, allocate special education funding to all of its member local educational agencies equal to the total sum of base grant funding, calculated pursuant to this section, allocated to all of its member local educational agencies in the 2022–23 fiscal year multiplied by the sum of one plus the inflation factor, as defined in paragraph (1) of subdivision (b) of Section 56836.142 for the 2023–24 fiscal year, and then multiplied by the sum of one plus the percent change in funded average daily attendance of its member local educational agencies from the 2022–23 fiscal year to the 2023–24 fiscal year pursuant to Section 56836.144. (k) Nothing in this section shall prohibit a member local educational agency from allocating funds back to their special education local plan area for purposes of providing regionalized or other programmatic services. (Amended by Stats. 2026, Ch. 65, Sec. 127. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.2. Special Education Funding Formula [56836.14 - 56836.15] SECTION 56836.15. Source version: id_f10de493-c12d-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.2. Notwithstanding any other law, for the 2020–21 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of General Fund moneys that the special education local plan area may claim: (a) Determine the total amount of property taxes for the special education local plan area pursuant to Section 2572 for the fiscal year in which the computation is made. (b) Calculate the amount of funding computed for the special education local plan area pursuant to Section 56836.148 for the fiscal year in which the computation is made. (c) Subtract the amount computed in subdivision (a) from the amount computed in subdivision (b). (Added by Stats. 2020, Ch. 24, Sec. 76. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] SECTION 56836.156. Source version: id_db029f27-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.5. (a) The Superintendent of Public Instruction shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2001–02 fiscal year. For the purposes of this calculation, the 2000–01 second principal average daily attendance for the court, community school, and special education programs served by the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area shall be used in lieu of the average daily attendance used for that agency for the purposes of Section 56836.08. (b) The superintendent shall divide one hundred million dollars ($100,000,000) by the amount determined pursuant to subdivision (a). (c) For each special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to subdivision (b) of Section 56836.08 for the 2001–02 fiscal year by the quotient determined pursuant to subdivision (b). This increase shall be effective beginning in the 2001–02 fiscal year. (d) Notwithstanding subdivision (c), for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to subdivision (b) of Section 56836.08 by the ratio of the amount determined pursuant to subdivision (b) to the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2000–01 fiscal year. This increase shall be effective beginning in the 2001–02 fiscal year. (e) The superintendent shall increase the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2001–02 fiscal year by the amount determined pursuant to subdivision (b). (f) The funds provided in subdivisions (a) to (e), inclusive, shall be used for the costs of any state-mandated special education programs and services established pursuant to Sections 56000 to 56885, inclusive, and Sections 3000 to 4671, inclusive, of Title 5 of the California Code of Regulations, as those sections read on or before July 1, 2000. These funds shall be considered in full satisfaction of, and are in lieu of, any reimbursable mandate claims relating to special education programs and services, with the exception of the programs and services delineated in subdivision (g). By providing this funding, the state in no way concedes the existence of any unfunded special education reimbursable mandate. These funds shall be used exclusively for programs operated under this part and, as a first priority, for the following programs, which shall be deemed to be fully funded within the meaning of subdivision (e) of Section 17556 of the Government Code: (1) Community advisory committees established pursuant to Sections 56190 to 56192, inclusive, and Section 56194, as these sections read on July 1, 2000. (2) Governance structure established pursuant to subdivision (a) of Section 56195.3, as this section read on July 1, 2000. (3) Enrollment caseloads established pursuant to subdivision (c) of Section 56362, and Section 56363.3, as these sections read on July 1, 2000. (4) Extended school year established pursuant to subdivision (d) of Section 3043 of Title 5 of the California Code of Regulations, as this section read on July 1, 2000. (5) Resource specialist program established pursuant to subdivisions (d), (e), and (f) of Section 56362, as this section read on July 1, 2000. (6) Maximum age limit established pursuant to paragraph (4) of subdivision (c) of Section 56026, as this section read on July 1, 2000. (7) Interim placements established pursuant to subdivision (b) of Section 56325, as this section read on July 1, 2000, and Section 3067 of Title 5 of the California Code of Regulations, as this section read on December 31, 1994. (8) Written consent established pursuant to Sections 56321 and 56346, as these sections read on July 1, 2000. (9) Preschool transportation programs for ages 3 to 5, inclusive, not requiring intensive services (Not-RIS) established pursuant to Section 56441.14, as this section read on July 1, 2000. (10) Special education for pupils ages 3 to 5, inclusive, and 18 to 21, inclusive, established pursuant to Section 56026, as this section read on July 1, 2000. (11) With the exception of the programs delineated in subdivision (g), any other state-mandated special education programs and services established by Sections 56000 to 56885, inclusive, and Sections 3000 to 4671, inclusive, of Title 5 of the California Code of Regulations, as those sections read on or before July 1, 2000, whether or not such a mandate has been found by the Commission on State Mandates. Pursuant to subdivision (e) of Section 17556 of the Government Code, these funds shall be deemed to be additional revenue specifically intended to fund the costs of any such state-mandated special education programs and services. (g) Notwithstanding subdivision (f), the following existing mandate test claim remains subject to the normal mandate procedure, including judicial review, if any: behavioral interventions established pursuant to Section 56523 and Sections 3001 and 3052 of Title 5 of the California Code of Regulations, as those sections read on July 1, 2000 (CSM-4464 filed by the San Diego Unified School District, the San Joaquin County Office of Education, and the Butte County Office of Education). The exclusion of this claim from subdivision (f) in no way constitutes a concession by the state that any unfunded special education mandate exists. (h) Within the meaning of subdivision (e) of Section 17556 of the Government Code, the funds appropriated for purposes of this section are not specifically intended to fund any state-mandated special education programs and services resulting from amendments enacted after July 1, 2000, to any of the following statutes and regulations: (1) The Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), if the amendments result in circumstances where state law exceeds federal law. (2) Federal regulations implementing the Individuals with Disabilities Education Act (34 C.F.R. 300 and 303), if the amendments result in circumstances where state law exceeds federal law. (3) Part 30 (commencing with Section 56000). (4) Sections 3000 to 4671, inclusive, of Title 5 of the California Code of Regulations. (i) State funds otherwise allocated to each special education local plan area pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30 and appropriated through the annual Budget Act shall supplement and not supplant these funds. (Added by Stats. 2001, Ch. 203, Sec. 2. Effective August 13, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] SECTION 56836.157. Source version: id_db029f29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.5. (a) Commencing with the 2001–02 fiscal year to the 2010–11 fiscal year, inclusive, the amount of twenty-five million dollars ($25,000,000) shall be appropriated, on a one-time basis each fiscal year, from the General Fund for allocation to school districts on a per pupil basis. The Superintendent of Public Instruction shall compute the amount per pupil by dividing twenty-five million dollars ($25,000,000) by the total average daily attendance, excluding attendance for regional occupational centers and programs, adult education, and programs operated by the county superintendents of schools, for all pupils in kindergarten through grade 12 in all school districts as used by the Superintendent of Public Instruction for the second principal apportionment for the 1999–2000 fiscal year. Each school district’s allocation shall equal the per pupil amount times the district’s average daily attendance as reported to the Superintendent of Public Instruction for the second principal apportionment for the 1999–2000 fiscal year. The amount allocated to each school district shall be the same in all subsequent fiscal years as it is in the first fiscal year. (1) In any fiscal year in which the provisions of paragraph (3) of subdivision (b) of Section 8 of Article XVI of the California Constitution are operative, the annual appropriation shall not be required to be made. (2) The Director of Finance shall notify, in writing, the fiscal committees of both houses of the Legislature, the Controller, and the Superintendent of Public Instruction no later than May 14 that the appropriation for the following fiscal year is not required, pursuant to paragraph (1). If an appropriation is not made for a specific fiscal year, or years, it shall instead be made in the fiscal year, or years, immediately succeeding the final payment pursuant to subdivision (a). (b) (1) From the funds appropriated for purposes of this section in subdivision (b) of Section 4 of the act adding this section, the Superintendent of Public Instruction shall allocate the following: (A) From the appropriation provided by subdivision (b) of Section 4 of the act adding this section, the amount of ten million eight hundred thousand dollars ($10,800,000) shall be allocated by the superintendent to county offices of education on an equal per pupil amount. The superintendent shall determine the per pupil amount by dividing ten million eight hundred thousand dollars ($10,800,000) by the total statewide county special education pupil count only, reported by county offices of education as of December 1999. The allotment for each county office of education shall be the per pupil amount times the county’s special education pupil count reported as of December 1999. (B) From the appropriation provided by subdivision (b) of Section 4 of the act adding this section, the amount of two million seven hundred thousand dollars ($2,700,000) shall be allocated by the superintendent to SELPAs that existed for the 1999–2000 fiscal year. The superintendent shall determine the amount of each agency’s allotment by dividing the two million seven hundred thousand dollars ($2,700,000) by the total statewide special education pupil count as of December 1999. The allotment for each agency shall be the statewide per pupil amount times the SELPA’s special education pupil count reported as of December 1999. The superintendent shall adjust the computations in such a manner as to ensure that the minimum allotment to each SELPA is at least ten thousand dollars ($10,000). (C) From the appropriation provided by subdivision (b) of Section 4 of the act adding this section, the amount of six million dollars ($6,000,000) shall be allocated by the superintendent to the Riverside County Office of Education. (2) The superintendent shall compute a per pupil amount from the balance of the appropriation provided by subdivision (b) of Section 4 of the act adding this section, after the appropriation has been reduced by the amounts in paragraph (1), by dividing the remaining portion of the appropriation by the total average daily attendance, excluding attendance for regional occupational centers and programs, adult education, and programs operated by the county superintendents of schools, for all pupils in kindergarten through grade 12 in all school districts as used by the Superintendent of Public Instruction for the second principal apportionment for the 1999–2000 fiscal year. The superintendent shall apportion to each school district an amount equal to the per pupil amount times the district’s reported average daily attendance for the second principal apportionment for the 1999–2000 fiscal year, excluding attendance for regional occupational centers and programs, adult education, and programs operated by the county superintendent of schools. (c) The amounts appropriated by subdivisions (a) and (b) of Section 4 of the act adding this section are in full satisfaction and in lieu of mandate claims resulting from the Commission on State Mandates cases identified as (1) Riverside County Superintendent of Schools, et al., CSM-3986 on remand from the Superior Court of Sacramento County, No. 352795, and (2) Long Beach Unified School District, CSM-3986A (consolidated with the Santa Barbara County Superintendent of Schools, SB 90-3453). (Added by Stats. 2001, Ch. 203, Sec. 3. Effective August 13, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] SECTION 56836.158. Source version: id_db029f2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.5. (a) (1) The superintendent shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2000–01 fiscal year. For the purposes of this calculation, the 2000–01 second principal average daily attendance for the court, community school, and special education programs served by the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area shall be used in lieu of the average daily attendance used for that agency for the purposes of Section 56836.08. (2) The superintendent shall distribute the amount appropriated for purposes of this section from the Budget Act of 2001. The superintendent shall divide that amount of funding by the amount calculated in paragraph (1). (3) For each special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to paragraph (2) of Section 56836.10 for the 2001–02 fiscal year by the quotient determined pursuant to paragraph (2) of this section. This increase shall be effective beginning in the 2001–02 fiscal year. (4) Notwithstanding paragraph (3), for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to paragraph (2) of Section 56836.10 by the ratio of the amount determined pursuant to paragraph (2) to the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2000–01 fiscal year. This increase shall be effective beginning in the 2001–02 fiscal year. (5) The superintendent shall increase the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2001–02 fiscal year by the amount determined pursuant to paragraph (2). (b) (1) The superintendent shall determine the statewide total average daily attendance used for the purposes of Section 56836.08 for the 2001–02 fiscal year. For the purposes of this calculation, the 2001–02 second principal average daily attendance for the court, community school, and special education programs served by the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area shall be used in lieu of the average daily attendance used for that agency for the purposes of Section 56836.08. (2) The superintendent shall distribute the amount appropriated for purposes of this section from the Budget Act of 2002. The superintendent shall divide that amount of funding by the amount calculated in paragraph (1). (3) For each special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to paragraph (2) of Section 56836.10 for the 2002–03 fiscal year by the quotient determined pursuant to paragraph (2). This increase shall be effective commencing in the 2002–03 fiscal year. (4) Notwithstanding paragraph (3), for the Los Angeles County Juvenile Court and Community School/Division of Alternative Education special education local plan area, the superintendent shall permanently increase the amount per unit of average daily attendance determined pursuant to paragraph (2) of Section 56836.10 by the ratio of the amount determined pursuant to paragraph (2) to the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2001–02 fiscal year. This increase shall be effective commencing in the 2002–03 fiscal year. (5) The superintendent shall increase the statewide target per unit of average daily attendance determined pursuant to Section 56836.11 for the 2002–03 fiscal year by the amount determined pursuant to paragraph (2). (Amended by Stats. 2002, Ch. 1167, Sec. 23. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 2.5. Computation of Adjustment [56836.156 - 56836.159] SECTION 56836.159. Source version: id_d56d8007-c132-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=2.5. (a) For the 2001–02 fiscal year, the Superintendent shall compute a permanent adjustment for each special education local plan area as determined by this section. (b) The Superintendent shall rank each special education local plan area by its funding level per unit of average daily attendance as determined by dividing the amount calculated for each special education local plan area for the 2001–02 fiscal year pursuant to Section 56836.08 plus the amount provided to each special education local plan area pursuant to subdivision (c) of Section 56836.158 by each special education local plan area’s average daily attendance upon which funding is based for the 2001–02 fiscal year pursuant to Section 56836.13. (c) The Superintendent shall increase the special education local plan areas with the lowest level of funding per unit of average daily attendance as determined in subdivision (b) to that of the special education local plan area with the next highest level of funding per unit of average daily attendance by allocating an amount from that available for this purpose from the Budget Act to the lowest level special education local plan areas. The amount to be allocated shall equal the difference between the funding level per unit of average daily attendance of the lowest level special education local plan areas and the next highest level special education local plan area multiplied by the average daily attendance upon which funding is based for the 2001–02 fiscal year pursuant to Section 56836.13 of the lowest level special education local plan areas. (d) If there is additional funding available after the allocation pursuant to subdivision (c), the allocation pursuant to subdivision (c) shall be repeated until all the funds appropriated for this purpose in the Budget Act have been used. If the amount appropriated for the purposes of this section from the 2001–02 Budget Act is not sufficient to fully fund the allocation pursuant to subdivision (c), the funding provided to each special education local plan area in the last iteration pursuant to subdivision (c) shall be prorated. (e) The amount, if any, computed pursuant to subdivision (c) and subdivision (d) for each special education local plan area shall be a permanent increase and shall, commencing in the 2002–03 fiscal year, be included in the prior year amount determined pursuant to paragraph (2) of subdivision (b) of Section 56836.10. (Amended by Stats. 2020, Ch. 24, Sec. 77. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] SECTION 56836.165. Source version: id_96cd51b5-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=3. (a) For the 2004–05 to 2020–21 fiscal years, inclusive, the Superintendent shall calculate for each special education local plan area an amount based on (1) the number of children and youth residing in foster family homes, small family homes, and foster family agencies, (2) the licensed capacity of group homes licensed by the State Department of Social Services, and (3) the number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities or intermediate care facilities licensed by the State Department of Health Care Services and the number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services. (b) The department shall assign each facility described in paragraphs (1), (2), and (3) of subdivision (a) a severity rating. The severity ratings shall be on a scale from 1 to 14, inclusive. Foster family homes and small family homes shall be assigned a severity rating of 1. Foster family agencies shall be assigned a severity rating of 2. Facilities described in paragraph (2) of subdivision (a) shall be assigned the same severity rating as its State Department of Social Services rate classification level. For facilities described in paragraph (3) of subdivision (a), skilled nursing facilities shall be assigned a severity rating of 14, intermediate care facilities shall be assigned a severity rating of 11, and community care facilities shall be assigned a severity rating of 8. (c) (1) The department shall establish a “bed allowance” for each severity level. For the 2004–05 fiscal year, the bed allowance shall be calculated as described in paragraph (2). For the 2005–06 fiscal year and each fiscal year thereafter, the department shall increase the bed allowance by the inflation adjustment computed pursuant to Section 42238.1. The department shall not establish a bed allowance for any facility described in paragraphs (2) and (3) of subdivision (a) if it is not licensed by the State Department of Social Services or the State Department of Health Care Services. (2) (A) The bed allowance for severity level 1 shall be five hundred two dollars ($502). (B) The bed allowance for severity level 2 shall be six hundred ten dollars ($610). (C) The bed allowance for severity level 3 shall be one thousand four hundred thirty-four dollars ($1,434). (D) The bed allowance for severity level 4 shall be one thousand six hundred forty-nine dollars ($1,649). (E) The bed allowance for severity level 5 shall be one thousand eight hundred sixty-five dollars ($1,865). (F) The bed allowance for severity level 6 shall be two thousand eighty dollars ($2,080). (G) The bed allowance for severity level 7 shall be two thousand two hundred ninety-five dollars ($2,295). (H) The bed allowance for severity level 8 shall be two thousand five hundred ten dollars ($2,510). (I) The bed allowance for severity level 9 shall be five thousand four hundred fifty-one dollars ($5,451). (J) The bed allowance for severity level 10 shall be five thousand eight hundred eighty-one dollars ($5,881). (K) The bed allowance for severity level 11 shall be nine thousand four hundred sixty-seven dollars ($9,467). (L) The bed allowance for severity level 12 shall be thirteen thousand four hundred eighty-three dollars ($13,483). (M) The bed allowance for severity level 13 shall be fourteen thousand three hundred forty-three dollars ($14,343). (N) The bed allowance for severity level 14 shall be twenty thousand eighty-one dollars ($20,081). (d) (1) For each fiscal year, the department shall calculate an out-of-home care funding amount for each special education local plan area as the sum of the amounts computed pursuant to paragraphs (2), (3), and (4). The State Department of Social Services and the State Department of Developmental Services shall provide the State Department of Education with the residential counts identified in paragraphs (2), (3), and (4). (2) The number of children and youth residing on April 1 in foster family homes, small family homes, and foster family agencies located in each special education local plan area multiplied by the appropriate bed allowance. (3) The capacity on April 1 of each group home licensed by the State Department of Social Services located in each special education local plan area multiplied by the appropriate bed allowance. (4) The number on April 1 of children and youth (A) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities and intermediate care facilities licensed by the State Department of Health Care Services located in each special education local plan area multiplied by the appropriate bed allowance, and (B) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services located in each special education local plan area multiplied by the appropriate bed allowance. (5) Notwithstanding subdivision (b) and paragraphs (2) and (3), for purposes of the out-of-home care funding amount for group homes, foster family homes, small family homes, and foster family agencies for the 2017–18 to 2020–21 fiscal years, inclusive, the Superintendent shall use the data received from the State Department of Social Services that was used for the funding for the 2016–17 fiscal year. (e) In determining the amount of the first principal apportionment for a fiscal year pursuant to Section 41332, the Superintendent shall continue to apportion funds from Section A of the State School Fund to each special education local plan area equal to the amount apportioned at the advance apportionment pursuant to Section 41330 for that fiscal year. (f) Notwithstanding subdivision (b) and paragraph (3) of subdivision (d), for purposes of the 2016–17 fiscal year funding for group homes, the Superintendent shall use the rate classification levels as they existed on December 31, 2016, and the capacity of each group home licensed by the State Department of Social Services located in each special education local plan area on December 31, 2016. (Amended by Stats. 2021, Ch. 44, Sec. 99. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] SECTION 56836.168. Source version: id_e06bc374-56c5-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=3. (a) For the 2021–22 fiscal year and each fiscal year thereafter, the Superintendent shall calculate for each special education local plan area an amount based on the sum of all of the following amounts: (1) (A) The amount of funding generated by all foster youth. This amount shall be calculated as the sum of cumulative enrollment for foster youth 3 to 21 years of age, inclusive, as defined in subdivision (b) of Section 42238.01, multiplied by the rate described in subparagraph (B). Cumulative enrollment shall be calculated at the local educational agency reporting level and use data produced by the California Longitudinal Pupil Achievement Data System pursuant to Section 60900. For purposes of this subparagraph, “local educational agency” means a school district, county office of education, or charter school. (B) For the 2021–22 fiscal year, the rate shall be one thousand five hundred nine dollars ($1,509). For each fiscal year thereafter, the rate shall be the amount calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142. (2) (A) (i) For the 2021–22 to 2023–24 fiscal years, inclusive, the amount of funding generated by short-term residential therapeutic program placements. This amount shall be calculated as the average daily population at short-term residential therapeutic programs located within the boundaries of the special education local plan area, which shall include the average daily population at short-term residential therapeutic programs that open or close in the middle of a fiscal year, multiplied by the rate described in subparagraph (B). (ii) For the 2024–25 fiscal year, and each fiscal year thereafter, the amount of funding generated by short-term residential therapeutic program placements and community treatment facility placements. This amount shall be calculated as the average daily population at short-term residential therapeutic programs and community treatment facilities located within the boundaries of the special education local plan area, which shall include the average daily population at short-term residential therapeutic programs and community treatment facilities that open or close in the middle of a fiscal year, multiplied by the rate described in subparagraph (B). (B) For the 2021–22 fiscal year, the rate shall be fourteen thousand six hundred three dollars ($14,603). For each fiscal year thereafter, the rate shall be the amount calculated for the prior fiscal year pursuant to this paragraph, adjusted each year by the inflation factor described in Section 56836.142. (3) The amount of funding generated by children and youth placed by the State Department of Developmental Services, calculated as follows: (A) For the 2021–22 fiscal year, the sum of all of the following amounts: (i) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services multiplied by a rate of three thousand three hundred fifty-eight dollars ($3,358). (ii) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in intermediate care facilities licensed by the State Department of Health Care Services multiplied by a rate of twelve thousand six hundred sixty-eight dollars ($12,668). (iii) The number of children and youth 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities licensed by the State Department of Health Care Services multiplied by a rate of twenty-six thousand eight hundred seventy-four dollars ($26,874). (B) For each fiscal year following the 2021–22 fiscal year, the sum of the amounts described in clauses (i) to (iii), inclusive, of subparagraph (A), except that the rates used to calculate those amounts shall be the rates calculated for the prior fiscal year, adjusted each year by the inflation factor described in Section 56836.142. (b) For each charter school deemed a local educational agency for purposes of special education, only an amount equal to the amount computed pursuant to paragraph (1) of subdivision (a) shall be apportioned by the Superintendent. (c) For each fiscal year, the State Department of Social Services and the State Department of Developmental Services shall provide the department with the appropriate data identified in subdivision (a), as follows: (1) The average daily population for foster youth 3 to 21 years of age, inclusive, at short-term residential therapeutic programs and community treatment facilities. (2) The number on April 1 of children and youth (A) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in skilled nursing facilities and intermediate care facilities licensed by the State Department of Health Care Services, and (B) 3 to 21 years of age, inclusive, referred by the State Department of Developmental Services who are residing in community care facilities licensed by the State Department of Social Services. (d) In determining the amount of the first and second principal apportionment for a fiscal year pursuant to Section 41332, the Superintendent shall continue to apportion funds from Section A of the State School Fund to each special education local plan area based on the amount apportioned in the prior fiscal year. (e) For purposes of this section, the following definitions apply: (1) “Community treatment facility” has the same meaning as defined in Section 1502 of the Health and Safety Code. (2) “Foster youth” has the same meaning as defined in Section 42238.01. (3) “Short-term residential therapeutic program” has the same meaning as defined in Section 11400 of the Welfare and Institutions Code or Section 1502 of the Health and Safety Code. (Amended by Stats. 2025, Ch. 8, Sec. 52. (AB 121) Effective June 27, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] SECTION 56836.173. Source version: id_9c0e61a7-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=3. (a) For the fiscal years 2004–05 to 2006–07, inclusive, the department shall apportion to each special education local plan area the amount determined as follows: (1) For the 2004–05 and 2005–06 fiscal years, the amount apportioned shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area is less than or equal to the amount a special education local plan area received pursuant to former Sections 56836.16 and 56836.17 for the 2002–03 fiscal year, the special education local plan area shall receive the same amount it received for the 2002–03 fiscal year. For purposes of this section, the amount of funding received by a special education local plan area for the 2002–03 fiscal year shall be based on the annual recertification of the 2002–03 fiscal year, as certified by the department in July of 2004. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2002–03 fiscal year plus the amount calculated in subparagraph (C). (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for the special education local plan area and the amount received for the 2002–03 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2002–03 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (2) For the 2006–07 fiscal year, the amount apportioned shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area for the 2006–07 fiscal year is less than or equal to the amount a special education local plan area received for the 2005–06 fiscal year, the special education local plan area shall receive the same amount it received for the 2005–06 fiscal year less 20 percent of the difference between the amount received for the 2005–06 fiscal year and the out-of-home care funding amount computed for the 2006–07 fiscal year. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2005–06 fiscal year. (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2005–06 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2005–06 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (b) (1) Commencing with the 2007–08 fiscal year, both of the following shall apply: (A) To the extent that funds are available pursuant to subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and Taxation Code or subclause (II) of clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or both, not more than 50 percent of the amount determined in this subdivision for the applicable fiscal year shall be apportioned by the auditor of the county containing the applicable county Educational Revenue Augmentation Fund to the special education local plan area. (B) The remaining 50 percent of the amount determined in this subdivision for the applicable fiscal year, or more if the applicable county Educational Revenue Augmentation Fund does not have sufficient funds to cover the entire percentage pursuant to subparagraph (A), shall be apportioned by the department to the special education local plan area. (2) For the 2007–08 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area for the 2007–08 fiscal year is less than or equal to the amount a special education local plan area received for the 2006–07 fiscal year, the special education local plan area shall receive the same amount it received for the 2006–07 fiscal year less 25 percent of the difference between the amount received for the 2006–07 fiscal year and the out-of-home care funding amount computed for the 2007–08 fiscal year. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2006–07 fiscal year. (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2006–07 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2006–07 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (3) For the 2008–09 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area for the 2008–09 fiscal year is less than or equal to the amount a special education local plan area received for the 2007–08 fiscal year, the special education local plan area shall receive the same amount it received for the 2007–08 fiscal year less 33 percent of the difference between the amount received for the 2007–08 fiscal year and the out-of-home care funding amount computed for the 2008–09 fiscal year. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2007–08 fiscal year. (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2007–08 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2007–08 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (4) For the 2009–10 fiscal year, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be as follows: (A) If the out-of-home care funding amount calculated for a special education local plan area for the 2009–10 fiscal year is less than or equal to the amount a special education local plan area received for the 2008–09 fiscal year, the special education local plan area shall receive the same amount it received for the 2008–09 fiscal year less 50 percent of the difference between the amount received for the 2008–09 fiscal year and the out-of-home care funding amount computed for the 2009–10 fiscal year. (B) For special education local plan areas other than those funded through subparagraph (A), special education local plan areas shall receive the amount received for the 2008–09 fiscal year. (C) For special education local plan areas other than those funded through subparagraph (A), each special education local plan area shall also receive the difference between the out-of-home care funding amount for that special education local plan area and the amount received for the 2008–09 fiscal year for that special education local plan area divided by the sum of the difference between the out-of-home care funding amount and the amount received in the 2008–09 fiscal year for all special education local plan areas multiplied by the amount of funds provided for Section 56836.165 in the annual Budget Act that has not been allocated in subparagraph (A) or (B). (5) For the 2010–11 to 2020–21 fiscal years, inclusive, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be equal to the amount calculated pursuant to Section 56836.165. If the sum of the amounts calculated pursuant to Section 56836.165 for all special education local plan areas exceeds the Budget Act appropriation for this purpose, the department shall apply proportionate reductions to all special education local plan areas. (6) For the 2021–22 fiscal year and each fiscal year thereafter, the total amount apportioned to a special education local plan area pursuant to the formula established in paragraph (1) shall be equal to the amount calculated pursuant to subdivision (a) of Section 56836.168. If the sum of the amounts calculated pursuant to Section 56836.168 for all special education local plan areas exceeds the annual Budget Act appropriation for this purpose, the department shall apply proportionate reductions to all special education local plan areas. If the annual Budget Act appropriation for this purpose exceeds the sum of the amounts calculated pursuant to Section 56836.168 for all special education local plan areas, any remaining funding shall be allocated in proportion to each special local plan area’s share of that sum calculated pursuant to subdivision (a) of Section 56836.168. (c) A county Educational Revenue Augmentation Fund shall not be required to provide funding for special education programs funded pursuant to this section based on clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.2 of the Revenue and Taxation Code, or clause (i) of subparagraph (B) of paragraph (4) of subdivision (d) of Section 97.3 of the Revenue and Taxation Code, or both, for a fiscal year before the 2007–08 fiscal year that it has not already provided for these programs before the start of the 2007–08 fiscal year. (Amended by Stats. 2021, Ch. 44, Sec. 101. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] SECTION 56836.175. Source version: id_db105ad9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=3. For purposes of this article, a “skilled nursing facility” shall have the same meaning as specified in Section 1250 of the Health and Safety Code, and shall be under contract with the State Department of Health Services to provide pediatric subacute care. (Added by Stats. 2003, Ch. 584, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 3. Licensed Children’s Institutions [56836.165 - 56836.18] SECTION 56836.18. Source version: id_db11e17b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=3. (a) The superintendent shall establish and maintain an emergency fund for the purpose of providing relief to special education local plan areas when a licensed children’s institution, foster family home, residential medical facility, or other similar facility serving individuals with exceptional needs opens or expands in a special education local plan area during the course of the school year which impacts the special education local plan area, or when a pupil is placed in a facility for which no public or state-certified nonpublic program exists within the special education local plan area in which the pupil’s individualized education program can be implemented during the course of the school year and impacts the educational program. (b) The special education local plan area in which the impaction occurs shall be responsible for submitting a written request to the superintendent for emergency funding. The written request shall contain, at a minimum, all of the following: (1) Specific information on the new or expanded licensed children’s institution, foster family home, residential medical facility, or other similar facility described in subdivision (a), including information on the new unserved or underserved pupils residing in the facility, or specific information relating to the new unserved or underserved pupils residing in those facilities. (2) The identification of the steps undertaken demonstrating that no public special education program exists within the special education local plan area capable of programmatically meeting the needs of the identified pupils. (3) A plan from the special education local plan area describing the services to be provided. (c) The superintendent shall approve, modify, or disapprove the written request for emergency funding within 30 days of the receipt of the written request and shall notify the special education local plan area administrator, in writing, of the final decision. (d) It is the intent of the Legislature that appropriations necessary to fund these emergency situations shall be included in the Budget Act for each fiscal year. (Added by Stats. 1997, Ch. 854, Sec. 65. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 4. Nonpublic, Nonsectarian School Contracts [56836.20 - 56836.21] SECTION 56836.20. Source version: id_372e276a-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=4. (a) The cost of master contracts with nonpublic, nonsectarian schools and agencies that a special education local plan area enters into shall not include any of the following costs that a special education local plan area may incur: (1) Administrative or indirect costs of the special education local plan area. (2) Direct support costs for the special education local plan area. (3) Transportation costs provided either directly, or through a nonpublic, nonsectarian school or agency contract for use of services or equipment owned, leased, or contracted, by a special education local plan area for any pupils enrolled in nonpublic, nonsectarian schools or agencies, unless provided directly or subcontracted by that nonpublic, nonsectarian school or agency pursuant to subdivisions (a) and (b) of Section 56366. (4) Costs for services routinely provided by the special education local plan area including the following, unless the board grants a waiver under Section 56101: (A) School psychologist services other than those described in Sections 56324 and 56363 and included in a master contract and individual services agreement under subdivision (a) of Section 56366. (B) School nurse services other than those described in Sections 49423.5, 56324, and 56363 and included in a master contract and individual services agreement under subdivision (a) of Section 56366. (C) Language, speech, and hearing services other than those included in a master contract and individual services agreement under subdivision (a) of Section 56366. (D) Modified, specialized, or adapted physical education services other than those included in a master contract and individual services agreement under subdivision (a) of Section 56366. (E) Other services not specified by a pupil’s individualized education program or funded by the state on a caseload basis. (5) Costs for nonspecial education programs or settings, including those provided for individuals with exceptional needs between the ages of birth and five years, inclusive, pursuant to Sections 56431 and 56441.8. (6) Costs for nonpublic, nonsectarian school or agency placements outside of the state unless the board has granted a waiver pursuant to subdivisions (e) and (f) of Section 56365. (7) Costs for related nonpublic, nonsectarian school pupil assessments by a school psychologist or school nurse pursuant to Sections 56320 and 56324. (8) Costs for services that the nonpublic, nonsectarian school or agency is not certified to provide. (9) Costs for services provided by personnel who do not meet the requirements specified in subdivision (m) of Section 56366.1. (10) Costs for services provided by public school employees. (b) A nonpublic, nonsectarian school or agency shall not claim and is not entitled to receive reimbursement for attendance unless the site where the pupil is receiving special education or designated instruction and services is certified. (Amended by Stats. 2025, Ch. 579, Sec. 7. (SB 373) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 4. Nonpublic, Nonsectarian School Contracts [56836.20 - 56836.21] SECTION 56836.21. Source version: id_9e172d9f-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=4. (a) The department shall administer an extraordinary cost pool to protect special education local plan areas from the extraordinary costs associated with single placements as described in subdivision (d). Funds shall be appropriated for this purpose in the annual Budget Act. Special education local plan areas shall be eligible for reimbursement from this pool in accordance with this section. (b) The threshold amount for claims under this section shall be the lesser of the following: (1) (A) Through the 2019–20 fiscal year, one percent of the allocation calculated pursuant to Section 56836.08 for the special education local plan area for the current fiscal year for any special education local plan area that meets the criteria in Section 56212. (B) For the 2020–21 fiscal year and each fiscal year thereafter, one percent of the allocation calculated pursuant to Section 56836.08 for the special education local plan area for the 2019–20 fiscal year for any special education local plan area that met the criteria in Section 56212 for the 2019–20 fiscal year. (2) The department shall calculate the average cost of a nonpublic, nonsectarian school placement in the 1997–98 fiscal year. This amount shall be multiplied by 2.5, then by one plus the inflation factor computed pursuant to Section 42238.1, as that section read on January 1, 2013, to obtain the alternative threshold amount for claims in the 1998–99 fiscal year. For the 2021–22 fiscal year, the alternative threshold amount shall be the alternative threshold amount for the prior fiscal year multiplied by one plus the inflation factor computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02, and shall also include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year. For the 2022–23 fiscal year and for each fiscal year thereafter, the alternative threshold amount shall be the alternative threshold amount for the prior fiscal year multiplied by one plus the inflation factor computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (c) Special education local plan areas are eligible to submit claims for costs exceeding the threshold amount on forms developed by the department. All claims for a fiscal year shall be submitted by October 31 following the close of the fiscal year. If the total amount claimed by special education local plan areas exceeds the amount appropriated, the claims shall be prorated. (d) Special education local plan areas are eligible to submit claims for the costs of nonpublic, nonsectarian school placements in excess of those in existence in the 1997–98 fiscal year and the costs of special education and related services for pupils who reside in licensed children’s institutions. (Amended by Stats. 2024, Ch. 38, Sec. 81. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 5. Low Incidence Funding [56836.22- 56836.22.] SECTION 56836.22. Source version: id_0b1464dd-c133-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=5. (a) Commencing with the 1985–86 fiscal year, and for each fiscal year thereafter, funds to support special education and related services as required under the individualized education program for each pupil with low-incidence disabilities, as defined in Section 56026.5, shall be determined by dividing the total number of pupils with low-incidence disabilities in the state, as reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 on the Fall 1 Census of the prior fiscal year, into the annual appropriation provided for this purpose in the annual Budget Act. (b) The per-pupil entitlement determined pursuant to subdivision (a) shall be multiplied by the number of pupils with low-incidence disabilities in each special education local plan area to determine the total funds available for each local plan. (c) The Superintendent shall apportion the amount determined pursuant to subdivision (b) to the special education local plan area for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities. (Amended by Stats. 2020, Ch. 24, Sec. 80. (SB 98) Effective June 29, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] SECTION 56836.23. Source version: id_cb6fb420-8167-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=6. Funds for regionalized operations and services and the direct instructional support of program specialists shall be apportioned to the special education local plan areas. As a condition of receiving these funds, the special education local plan area shall ensure that all functions listed below are performed in accordance with the description set forth in its local plan adopted pursuant to Section 56205: (a) Coordination of the special education local plan area and the implementation of the local plan. (b) Coordinated system of identification and assessment. (c) Coordinated system of procedural safeguards. (d) Coordinated system of staff development and parent and guardian education. (e) Coordinated system of curriculum development and alignment with the core curriculum. (f) Coordinated system of internal program review, evaluation of the effectiveness of the local plan, and implementation of a local plan accountability mechanism. (g) Coordinated system of data collection and management. (h) Coordination of interagency agreements. (i) Coordination of services to medical facilities. (j) Coordination of services to licensed children’s institutions and foster family homes. (k) Preparation and transmission of required special education local plan area reports. (l) Fiscal and logistical support of the community advisory committee. (m) Coordination of transportation services for individuals with exceptional needs. (n) Coordination of career and vocational education and transition services. (o) Assurance of full educational opportunity. (p) Fiscal administration and the allocation of state and federal funds pursuant to Section 56836.01. (q) Direct instructional program support that may be provided by program specialists in accordance with Section 56368. (Amended by Stats. 2018, Ch. 32, Sec. 99. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] SECTION 56836.24. Source version: id_a6942b0b-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=6. (a) Commencing with the 2018–19 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations to determine the amount of funding for the purposes specified in Section 56836.23 for apportionment to each special education local plan area for the fiscal year in which the computation is made: (1) For the 2018–19 fiscal year, the Superintendent shall make the following computations: (A) Compute the statewide average for program specialists and regionalized services, excluding the amount computed for the special education local plan area identified as the Los Angeles County Juvenile Court and Community School/Division of Alternative Education Special Education Local Plan Area, for the 2012–13 fiscal year. (B) Multiply the computed amount in subparagraph (A) by one plus the inflation factor for the 2013–14 to 2017–18 fiscal years, inclusive, computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (C) Multiply the amount computed in subparagraph (B) by one plus the inflation factor for the 2018–19 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (D) Multiply the amount computed in subparagraph (C) by the number of units of average daily attendance upon which funding is based pursuant to subdivision (d) of Section 56836.10 for the special education local plan area. (2) For the 2019–20 fiscal year, the Superintendent shall make the following computations: (A) Multiply the 2018–19 fiscal year statewide average amount by one plus the inflation factor for the 2019–20 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (B) Multiply the amount computed in subparagraph (A) by the number of units of average daily attendance upon which funding is based pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 56836.08 for the special education local plan area. (3) For the 2020–21 fiscal year, the Superintendent shall make the following computations: (A) Multiply the 2019–20 fiscal year statewide average amount by one plus the inflation factor for the 2020–21 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (B) Multiply the amount computed in subparagraph (A) by the number of units of average daily attendance upon which funding is based pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 56836.08 for the special education local plan area for the 2019–20 fiscal year. (4) For the 2021–22 fiscal year, the Superintendent shall make the following computations: (A) Multiply the 2020–21 fiscal year statewide average amount by one plus the inflation factor for the 2021–22 fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02, and include the inflation factor of 2.31 percent instead of zero as described in Section 56836.142 for the 2020–21 fiscal year. (B) Multiply the amount computed in subparagraph (A) by the number of units of average daily attendance upon which funding is based pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 56836.08 for the special education local plan area for the 2019–20 fiscal year. (5) For the 2022–23 fiscal year and each fiscal year thereafter, the Superintendent shall make the following computations: (A) Multiply the prior year fiscal year statewide average amount by one plus the inflation factor for the current fiscal year computed pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (B) Multiply the amount computed in subparagraph (A) by the number of units of average daily attendance upon which funding is based pursuant to clause (i) of subparagraph (B) of paragraph (3) of subdivision (b) of Section 56836.08 for the special education local plan area for the 2019–20 fiscal year. (b) For purposes of this section, a special education local plan area that only includes charter schools shall be apportioned by the Superintendent for each unit of average daily attendance reported pursuant to subdivision (a) of Section 56836.06 for the 2019–20 fiscal year. (Amended by Stats. 2021, Ch. 44, Sec. 103. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] SECTION 56836.25. Source version: id_b64a02bc-815f-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=6. Funds received pursuant to this article shall be expended for the purposes specified in Section 56836.23. (Added by Stats. 2018, Ch. 32, Sec. 101. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] SECTION 56836.29. Source version: id_08b0db59-5da3-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=6. If special education local plan areas reorganize, including by merger or division, the department shall adjust rates for payments to and from the resulting special education local plan areas so that overall funding neither increases nor decreases from what it would have been before the reorganization. (Added by Stats. 2017, Ch. 15, Sec. 61. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 6. Program Specialists and Administration of Regionalized Operations and Services [56836.23 - 56836.31] SECTION 56836.31. Source version: id_abd3db6d-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=6. (a) To accomplish the activities set forth in Section 56836.23, supplemental funds shall be apportioned to special education local plan areas that are designated as necessary small special education local plan areas in accordance with Section 56212 and that report fewer than 15,000 units of average daily attendance. (b) For the 2013–14 fiscal year to the 2017–18 fiscal year, inclusive, the Superintendent shall allocate the supplemental amount described in subdivision (a) based on the following computations: (1) Calculate the difference between the number of units of average daily attendance reported for the necessary small special education local plan area for the current fiscal year and 15,000 units of average daily attendance. (2) Multiply the difference calculated in paragraph (1) by the rate calculated in subdivision (c). (c) For the 2013–14 fiscal year, the supplemental rate per unit of average daily attendance shall be fifteen dollars ($15). For the 2014–15 fiscal year and each fiscal year thereafter, the supplemental rate per unit of average daily attendance shall be fifteen dollars ($15) multiplied by one plus the inflation factor computed pursuant to subdivision (b) of Section 42238.1 for the current fiscal year. (d) For the 2018–19 and 2019–20 fiscal years, the Superintendent shall allocate the supplemental amount described in subdivision (a) based on the following computations: (1) Calculate the difference between the number of units of average daily attendance determined pursuant to Section 56836.24 for the necessary small special education local plan area and 15,000 units of average daily attendance. (2) For the 2018–19 fiscal year, the supplemental rate per unit of average daily attendance shall be the rate computed pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of Section 56836.24. For the 2019–20 fiscal year, the supplemental rate per unit of average daily attendance shall be the rate computed pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section 56836.24. (3) Multiply the difference calculated in paragraph (1) by the rate calculated in paragraph (2). (e) For the 2020–21 fiscal year, the Superintendent shall allocate the supplemental amount described in subdivision (a) by taking the difference calculated pursuant to paragraph (1) of subdivision (d) for the 2019–20 fiscal year and multiplying it by the supplemental rate per unit of average daily attendance computed pursuant to subparagraph (A) of paragraph (3) of subdivision (a) of Section 56836.24. (f) For the 2021–22 fiscal year, the Superintendent shall allocate the supplemental amount described in subdivision (a) by taking the difference calculated pursuant to paragraph (1) of subdivision (d) for the 2019–20 fiscal year and multiplying it by the supplemental rate per unit of average daily attendance computed pursuant to subparagraph (A) of paragraph (4) of subdivision (a) of Section 56836.24. (g) For the 2022–23 fiscal year and each fiscal year thereafter, the Superintendent shall allocate the supplemental amount described in subdivision (a) by taking the difference calculated pursuant to paragraph (1) of subdivision (d) for the 2019–20 fiscal year and multiplying it by the supplemental rate per unit of average daily attendance computed pursuant to subparagraph (A) of paragraph (5) of subdivision (a) of Section 56836.24. (Amended by Stats. 2021, Ch. 44, Sec. 104. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 6.5. Special Education Early Intervention Preschool Grant [56836.39 - 56836.40] SECTION 56836.39. Source version: id_0570eb1a-a417-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=6.5. The Legislature finds and declares all of the following: (a) A quality education ensures that pupils receive appropriate interventions and services as needed before the pupil falls behind academically. (b) Early intervention services and supports provided to children who are at risk of falling significantly behind, including children with disabilities, can reduce the need for additional services in future years. (c) Pupils with disabilities who are taught within the general education classroom with supports and systematic instruction achieve better outcomes in the areas of academics, communication, and behavior. (d) In order to ensure the success of pupils with disabilities, additional resources for early intervention and preschool should be provided to school districts to support young learners with disabilities and those at risk of requiring related services. (Added by Stats. 2019, Ch. 51, Sec. 55. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 6.5. Special Education Early Intervention Preschool Grant [56836.39 - 56836.40] SECTION 56836.40. Source version: id_b117354f-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=6.5. (a) For any fiscal year in which moneys are appropriated for purposes of this section, the Superintendent shall make the following computations to determine the amount of funding for each school district for the special education early intervention preschool grant: (1) For each school district, determine the total number of pupils in grade 1 with exceptional needs residing in that school district using Fall 1 Census special education data. (2) The sum of the totals determined pursuant to paragraph (1) is the “total statewide number of preschool children with exceptional needs” for the applicable fiscal year. (3) Calculate a per pupil special education early intervention preschool grant by dividing the amount appropriated in the annual Budget Act for purposes of this section by the total statewide number of preschool children with exceptional needs calculated in paragraph (2). (4) Calculate the special education early intervention preschool grant for each school district by multiplying the per pupil grant calculated in paragraph (3) by the total number calculated in paragraph (1) for the school district. (5) The Superintendent shall allocate the amount of funds calculated for each school district in paragraph (4) to the applicable school district. (b) The funds allocated pursuant to this section shall supplement existing special education resources currently required to be provided pursuant to federal and state law and promote a targeted focus on services and supports being offered in inclusive settings, to the extent practicable. (c) Funding allocated to school districts under this section shall be used to provide services and supports in inclusive settings that have been determined to improve school readiness and long-term outcomes for infants, toddlers, and preschool pupils from birth to five years of age, inclusive, including, but not limited to, all of the following: (1) Early intervention services, including preschool and supportive services for children from birth to five years of age, inclusive, who are not meeting age-appropriate developmental milestones and are at risk for being identified as eligible for special education and related services. This may include children who received individualized family support plan services but did not qualify for an individualized education program, and children who have not received an individualized family support plan nor an individualized education program. (2) One-time programs, services, or resources for preschool children with exceptional needs that may not be medically or educationally necessary or required by an individualized education program or in an individualized family support plan, but which the school district has determined will have a positive impact on a young child. (3) Strategies to improve pupil outcomes as identified through the state system of support, including inclusive educational programming that ensures a pupil’s right to placement in the least restrictive educational environment. (4) Wraparound services for preschool children with exceptional needs not required by federal or state law. (5) Expansion of inclusive practices to ensure that preschool children with exceptional needs have access to learn in the least restrictive environment. (6) Professional development for preschool teachers, administrators, and paraprofessionals on evidence-based strategies to build capacity to serve preschool children with exceptional needs in more inclusive settings. This professional development may also include training for teachers, administrators, and paraprofessionals on the development of physical, social, emotional, and academic skills and on developing appropriate individualized education programs for preschool children with exceptional needs that ensure access to a free, appropriate public education in the least restrictive environment. (d) For purposes of this section, the following definitions shall apply: (1) “Preschool child with exceptional needs” means a child between three and five years of age, inclusive, who has been identified as an individual with exceptional needs, as defined in Section 56026, and is receiving individualized education program services, except those enrolled in kindergarten or a transitional kindergarten program. (2) “Transitional kindergarten” means the first year of a two-year kindergarten program that uses a modified kindergarten curriculum that is age and developmentally appropriate. (3) “Wraparound services” means integrated services and supports that address a child’s holistic needs, including, but not limited to, academic, health, and social services. (Amended by Stats. 2021, Ch. 44, Sec. 105. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 7. Federal Funding Allocations [56837 - 56844] SECTION 56837. Source version: id_f1e76f3c-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=7. For each fiscal year for which federal funds under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 set seq.) are allocated to the state pursuant to subsection (d) of Section 1411 of Title 20 of the United States Code, the federal funding for local entitlements shall be allocated through the annual Budget Act in the following manner: (a) The state shall first award each local educational agency, including public charter schools that operate as local educational agencies, the amount the local educational agency would have received under Section 1411 for the 1999 fiscal year. (b) After calculating the allocations under subdivision (a), the state shall do both of the following: (1) Allocate 85 percent of any remaining funds to the local educational agencies described in subdivision (a) on the basis of the relative numbers of pupils enrolled in public and private elementary schools and secondary schools within each local educational agency’s territorial jurisdiction. (2) Allocate 15 percent of the remaining funds to those local educational agencies described in subdivision (a) in accordance with the relative numbers of children living in poverty within each local educational agency’s jurisdiction, as determined by the Superintendent. (Repealed and added by Stats. 2005, Ch. 653, Sec. 49. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 7. Federal Funding Allocations [56837 - 56844] SECTION 56838. Source version: id_f231708e-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=7. In each fiscal year for which federal funds are received by the state pursuant to Section 1419 of Title 20 of the United States Code for individuals with exceptional needs between the ages of 3 and 5, inclusive, the portion of funds available for local entitlements that are not reserved for state activities pursuant to subsection (d) of Section 1419 of Title 20 of the United States Code shall be allocated through the annual Budget Act in the following manner: (a) The state shall first award to each local educational agency, including public charter schools that operate as local educational agencies, the amount the local educational agency would have received under Section 1419 of Title 20 of the United States Code for the 1997 federal fiscal year. (b) After calculating the allocations under subdivision (a), the state shall do both of the following: (1) Allocate 85 percent of any remaining funds to those local educational agencies described in subdivision (a) on the basis of the relative numbers of pupils enrolled in public and private elementary schools and secondary schools within each local educational agency’s territorial jurisdiction. (2) Allocate 15 percent of those remaining funds to the local educational agencies in accordance with the relative number of children within each local educational agency living in poverty, as determined by the Superintendent. (Amended by Stats. 2005, Ch. 653, Sec. 50. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 7. Federal Funding Allocations [56837 - 56844] SECTION 56839. Source version: id_dd48e5d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=7. For purposes of Sections 56837 and 56838, the superintendent shall use the most recent population data, including data on children living in poverty, that are available and are satisfactory to the United States Secretary of Education. (Added by Stats. 1998, Ch. 691, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 7. Federal Funding Allocations [56837 - 56844] SECTION 56840. Source version: id_dd48e5d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=7. The federal funding allocations for local entitlements in Sections 56837 and 56838 shall also apply to state agencies that were eligible to receive federal Part B funds pursuant to subsection (a) of Section 1414 of Title 20 of the United States Code as that provision read prior to the enactment of Public Law 105-17, the Individuals with Disabilities Education Act Amendments of 1997. (Added by Stats. 1998, Ch. 691, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 7. Federal Funding Allocations [56837 - 56844] SECTION 56841. Source version: id_735788f0-7985-11dc-a37b-b8a8828ff1a1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=7. (a) Federal funds available through Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and appropriated through the annual Budget Act shall only be used as follows: (1) For the excess costs of providing special education and related services to individuals with exceptional needs. (2) To supplement state, local, and other federal funds and not to supplant those funds. (b) Except as provided in subdivisions (c) and (d), the funds shall not be used to reduce the level of expenditures for the education of individuals with exceptional needs made by the local educational agency from local funds below the level of those expenditures for the preceding fiscal year. (c) Notwithstanding subdivision (b), a local educational agency may reduce the level of expenditures from local funds where the reduction is attributable to the following: (1) The voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel. (2) A decrease in the enrollment of individuals with exceptional needs. (3) The termination of the obligation of the local educational agency, consistent with this part, to provide a program of special education to an individual or individuals with exceptional needs that is an exceptionally costly program, as determined by the Superintendent, because any of the following is applicable: (A) The child has left the jurisdiction of the local educational agency. (B) The child has reached the age at which the obligation of the local educational agency to provide a free appropriate public education to the child has terminated. (C) The child no longer needs the program of special education. (4) The termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of facilities. (d) Notwithstanding the provisions of paragraph (2) of subdivision (a) and subdivision (b), for any fiscal year in which the allocation received by a local educational agency under Section 1411(f) of Title 20 of the United States Code exceeds the amount the local educational agency received for the previous fiscal year, the local educational agency may reduce the level of expenditures otherwise required by Section 1413(a)(2)(A)(iii) of Title 20 of the United States Code by not more than 50 percent of the amount of the excess. If a local educational agency exercises the authority under this subdivision, the local educational agency shall use an amount of local funds equal to the reduction in expenditures under this subdivision to carry out activities authorized under the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.). (e) Notwithstanding subdivision (d), if the Superintendent determines that a local educational agency is unable to establish and maintain programs of free appropriate public education that meet the requirements of Section 1413(a) of Title 20 of the United States Code, or if the Superintendent has taken action against the local educational agency under Section 1416 of Title 20 of the United States Code, the Superintendent shall prohibit the local educational agency from reducing the level of expenditures under subdivision (d) for that fiscal year. (f) The amount of funds expended by a local educational agency under Section 1413(f) of Title 20 of the United States Code for early intervening services shall count toward the maximum amount of expenditures the local educational agency may reduce under subdivision (d). (g) Notwithstanding Section 1413(a)(2)(A) of Title 20 of the United States Code or any other provision of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a local educational agency may use federal special education funds for any fiscal year to carry out a schoolwide program under Section 1114 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), except that the amount so used in any such program shall not exceed the number of individuals with exceptional needs participating in the schoolwide program, multiplied by the amount received by the local educational agency under this article for that fiscal year, and divided by the number of individuals with exceptional needs in the jurisdiction of that local educational agency. (h) (1) Notwithstanding subdivisions (a) to (g), inclusive, a local educational agency may also use federal special education funds for other purposes specified in Section 1413(a) of Title 20 of the United States Code. (2) In accordance with Section 300.208(b) of Title 34 of the Code of Federal Regulations, a local educational agency may use federal funds received under this article to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the individualized education program of individuals with exceptional needs, that is needed for the implementation of those case management activities. (Amended by Stats. 2007, Ch. 454, Sec. 35. Effective October 10, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 7. Federal Funding Allocations [56837 - 56844] SECTION 56842. Source version: id_f2cc29f2-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=7. (a) A local educational agency may not use more than 15 percent of the amount the agency receives under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) for any fiscal year, less any amount reduced by the local educational agency pursuant to subparagraph (C) of paragraph (2) of subsection (a) of Section 1413 of Title 20 of the United States Code, if any, in combination with other amounts, which may include amounts other than education funds, to develop and implement, coordinated, early intervening services, which may include interagency financing structures, for pupils in kindergarten and in grades 1 to 12, inclusive, with a particular emphasis on pupils in kindergarten and in grades 1 to 3, inclusive, who have not been identified as needing special education or related services but who need additional academic and behavioral support to succeed in a general education environment. (b) The implementation of the coordinated, early intervening services under this section, including activities, reporting, and coordination with the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6301 et seq.), shall be carried out by a local educational agency as specified in subsection (f) of Section 1413 of Title 20 of the United States Code. (c) This section does not limit or create a right to a free appropriate public education under this part. (Repealed and added by Stats. 2005, Ch. 653, Sec. 53. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 7. Federal Funding Allocations [56837 - 56844] SECTION 56844. Source version: id_f3145684-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=7. In complying with paragraph (17), regarding the prohibition against supplantation of federal funds, and paragraph (18), regarding maintenance of state financial support for special education and related services, of subsection (a) of Section 1412 of Title 20 of the United States Code, the state may not use funds paid to it under Part B of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) to satisfy state-mandated funding obligations to local educational agencies, including funding based on pupil attendance or enrollment, or on inflation. (Added by Stats. 2005, Ch. 653, Sec. 54. Effective October 7, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.2. Special Education Funding [56836 - 56845] ARTICLE 8. Withholding of Payments [56845- 56845.] SECTION 56845. Source version: id_fd45f102-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.2.&article=8. (a) The Superintendent may withhold, in whole or in part, state funds or federal funds allocated under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) from a local educational agency after reasonable notice and opportunity for a hearing if the Superintendent finds either of the following: (1) The local educational agency failed to comply substantially with a provision of state law, federal law, or regulations governing the provision of special education and related services to individuals with exceptional needs which results in the failure to comply substantially with corrective action orders issued by the department resulting from monitoring findings or complaint investigations. (2) The local educational agency failed to implement the decision of a due process hearing officer based on noncompliance with provisions of this part, the implementing regulations, provisions of the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), or the implementing regulations, which noncompliance results in the denial of, or impedes the delivery of, a free appropriate public education for an individual with exceptional needs. (b) When the Superintendent determines that a local educational agency made substantial progress toward compliance with state law, federal law, or regulations governing the provision of special education and related services to individuals with exceptional needs, the Superintendent may apportion the state or federal funds withheld from the local educational agency. (c) Notwithstanding any other provision of law, state funds may not be allocated to offset any federal funding intended for individuals with exceptional needs, as defined in Section 56026, and withheld from a local educational agency due to the agency’s noncompliance with state or federal law. (d) For purposes of this section, in order to enter into contracts with one or more local educational agencies to serve individuals with exceptional needs who are not being served as required under this part, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (Amended by Stats. 2007, Ch. 56, Sec. 92. Effective January 1, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.5. Autism Training and Information [56846 - 56847] SECTION 56846. Source version: id_141d714c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.5.&article= (a) The Legislature hereby finds and declares all of the following: (1) Autism is the fastest growing special education eligibility category for public education in California and the nation. In the years between 1998 and 2002, the number of pupils with autism receiving services in California almost doubled, from 10,360 to 20,377. These numbers have continued to climb at a surprising rate. In 2004, there were 4,427 additional pupils diagnosed with autism, an increase of 18 percent. (2) Autism is not a rare disorder. It is a major public health problem that must be better addressed by the State Department of Education, the State Department of Developmental Services, the State Department of Social Services, the state public school system regional centers, and all other entities assisting children with autism. (3) Significant gains have been made in the expansion of research related to autism and related neurodevelopmental disorders. The findings of this research need to be more fully disseminated to parents, families, school districts, nonpublic schools, and regional centers throughout the state. (b) Accordingly, it is the intent of the Legislature, in enacting Schedule (1) of Item 4300-101-0001 of Section 2.00 of the Budget Act of 2006 (Ch. 47, Stats. 2006), which, funded the Autistic Spectrum Disorders Initiative of the State Department of Developmental Services, and this chapter, to allow the identification and dissemination of research-based recommended practices and professional development programs for children with autism to be fully accessible and available to parents and educators. (Added by Stats. 2006, Ch. 783, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.5. Autism Training and Information [56846 - 56847] SECTION 56846.2. Source version: id_146b1c1e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.5.&article= (a) For purposes of this chapter, a “pupil with autism” is a pupil who exhibits autistic-like behaviors, including, but not limited to, any of the following behaviors, or any combination thereof: (1) An inability to use oral language for appropriate communication. (2) A history of extreme withdrawal or of relating to people inappropriately, and continued impairment in social interaction from infancy through early childhood. (3) An obsession to maintain sameness. (4) Extreme preoccupation with objects, inappropriate use of objects, or both. (5) Extreme resistance to controls. (6) A display of peculiar motoric mannerisms and motility patterns. (7) Self-stimulating, ritualistic behavior. (b) The definition of “pupil with autism” in subdivision (a) shall not apply for purposes of the determination of eligibility for services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). (Added by Stats. 2006, Ch. 783, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 7.5. Autism Training and Information [56846 - 56847] SECTION 56847. Source version: id_15618910-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=7.5.&article= (a) (1) The Superintendent shall convene, with input from the University of California, the California State University, relevant fiscal and policy standing committees of the Legislature, the Legislative Blue Ribbon Commission on Autism established under Resolution Chapter 124 of the Statutes of 2005, the State Department of Developmental Services, and other appropriate entities, an advisory committee to develop recommendations identifying the means by which public and nonpublic schools, including charter schools, can better serve pupils with autism and their parents. (2) The advisory committee shall be composed of parents of children with autism, school district administrators, teachers, representatives of county offices of education, representatives of special education local plan areas, representatives of nonpublic, nonsectarian schools and agencies, autism research specialists, physicians who possess a background or expertise in a pertinent medical field, such as psychiatry or behavioral science, and individuals with a recognized expertise in the best practices for providing instruction to children with autism. (b) The recommendations developed by the advisory committee shall include, but are not limited to, all of the following: (1) Developing a policy on the most effective manner of informing schools about the status of educationally related research and outreach services available to children with autism and their families. It is the intent of the Legislature that schools utilize that information to develop educationally related programs and services for children with autism. (2) Creating a statewide clearinghouse for information on the findings of educationally related research-based, recommended practices to support children with autism that can be disseminated to schools, parents, and other interested parties. These educationally related practices shall include, but are not limited to, the early detection of, and development of, coordinated services to children with autism and the professional development of pertinent individuals. (3) The feasibility and need for establishing a program that would provide technical assistance to schools on all of the following subjects: (A) The identification and diagnosis of autism spectrum disorders. (B) The development of research-based programs that best serve children with autism in order for them to succeed academically. (C) The development of a research-based professional development program to train teachers and administrators on the best practices for providing instruction to children with autism. (c) The recommendations developed by the advisory committee shall not be construed or applied as state-imposed standards or binding on any individualized education program (IEP) team, special education official, or child with autism. This chapter does not prescribe or define an appropriate educational or habilitative program for a child with autism. (d) The recommendations developed by the advisory committee do not govern the services and supports provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code). This chapter does not prescribe or define an appropriate individualized family service plan pursuant to Section 95020 of the Government Code or an individual program plan pursuant to Sections 4646 to 4648, inclusive, of the Welfare and Institutions Code for a child with autism. (e) On or before November 1, 2007, the advisory committee shall submit its recommendations to the Legislature and to the Governor. (Added by Stats. 2006, Ch. 783, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56850. Source version: id_cd0339bf-20c9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) The purpose of the Legislature, in enacting this chapter, is to recognize that individuals with exceptional needs, as defined in Section 56026, between 3 and 21 years of age, residing in California’s state hospitals and developmental centers, are entitled to, under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), the same access to educational programs as is provided for individuals with exceptional needs residing in our communities. (b) It is the intent of the Legislature to ensure that services shall be provided in the community near the individual state hospitals and developmental centers to the maximum extent appropriate, and in the least restrictive environment. (c) It is the further intent of the Legislature to ensure equal access to the educational process and to a full continuum of educational services for all individuals, regardless of their physical residence. (d) It is the further intent of the Legislature that educational services designated for state hospital or developmental center residents not eligible for services mandated by the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) shall not be reduced or limited in any manner as a result of the enactment of this chapter. (e) It is the further intent of the Legislature that any cooperative agreements to provide educational services for state hospitals and developmental centers shall seek to maximize federal financial participation in funding these services. (Amended by Stats. 2023, Ch. 44, Sec. 1. (AB 121) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56851. Source version: id_d17ed6d1-20c9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) In developing the individualized education program for an individual residing in a state hospital or developmental center who is eligible for services under the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), a state hospital or developmental center shall include on its interdisciplinary team a representative of the local educational agency from the district in which the state hospital or developmental center is located, and the individual’s state hospital or developmental center teacher, depending on whether the state hospital or developmental center is otherwise working with the local educational agency for the provision of special education programs and related services to individuals with exceptional needs residing in state hospitals and developmental centers. However, if a district or special education local plan area that is required by this section to provide a representative from the district or special education local plan area does not do so, the county office of education shall provide a representative. (b) The state hospital or developmental center shall reimburse the local educational agency for the costs, including salary, of providing the representative who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of individuals with exceptional needs. (c) Once the individual with exceptional needs is enrolled in the community program, the local educational agency providing special education shall be responsible for reviewing and revising the individualized education program with the participation of a representative of the state hospital or developmental center and the educational rights holder, as defined in subdivision (b) of Section 56863. The public agency responsible for the individualized education program shall be responsible for all individual protections, including notification and due process. (Amended by Stats. 2023, Ch. 44, Sec. 2. (AB 121) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56852. Source version: id_dd4f0069-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= In developing the individualized educational program and providing all special education programs and related services to individuals with exceptional needs residing in the state hospitals, the state hospitals shall comply with the requirements of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and special education provisions of this part and implementing regulations. Special education and related services shall be provided to each individual residing in a state hospital pursuant to the individualized education program for that individual. (Amended by Stats. 1993, Ch. 1296, Sec. 26. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56852.5. Source version: id_dd4f006b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= The State Department of Education, within its existing program review process, shall specifically review the appropriateness of pupil placement for educational services as designated in the pupil’s individualized education program and the criteria used in determining such placement. (Added by Stats. 1982, Ch. 1201, Sec. 51. Effective September 22, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56853. Source version: id_d59fd0c3-20c9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) This chapter does not affect the continued authority of the State Departments of Developmental Services and State Hospitals over educational programs for individuals not eligible for services under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) nor shall it affect the overall responsibility of the state hospitals and developmental centers for the care, treatment, and safety of individuals with exceptional needs under their control. The state hospitals and developmental centers shall continue to render appropriate and necessary developmental services, health related services, psychiatric services, and related services assigned to the state hospitals and developmental centers in the local written agreements, as part of their responsibilities for the care and treatment of state hospital and developmental center residents. (b) For purposes of this section, “health-related services” shall include services provided by physicians, psychiatrists, psychologists, audiologists, registered nurses, social workers, physical therapists, occupational therapists, psychiatric technicians, rehabilitation therapists, and speech language pathologists, and shall be the responsibility of the state hospital or developmental center if the individual with exceptional needs requires these services while in the community program. (Amended by Stats. 2023, Ch. 44, Sec. 3. (AB 121) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56854. Source version: id_c5cae65b-0d8b-11e2-9797-e893a222dc9d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) The Superintendent and the Directors of the State Departments of Developmental Services and State Hospitals shall develop written interagency agreements to carry out the purposes of this chapter. (b) For each county in which a state hospital is located, the county superintendent of schools, with the approval of the county board of education and the administrator of the state hospital, shall develop a local written agreement to carry out the purposes of this chapter. These agreements shall be reviewed and updated annually and may be modified at any time with the concurrence of both parties to the agreements. (Amended by Stats. 2012, Ch. 440, Sec. 2. (AB 1488) Effective September 22, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56855. Source version: id_dd4f0071-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= For each county in which a state hospital is located the county superintendent of schools shall ensure that appropriate special education and related services are available in the community for which the state hospitals can contract. Such contract shall provide for any eligible individual with exceptional needs residing in the state hospitals whose individualized education program specifies that educational services for that individual should be most appropriately provided, in whole or in part, in a program other than on the hospital grounds. The county board of education shall approve any programs operated by the county superintendent pursuant to this chapter. (Added by Stats. 1980, Ch. 1191, Sec. 4. Effective September 29, 1980.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56856. Source version: id_cc40cccd-0d8b-11e2-9797-e893a222dc9d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= In order to provide appropriate special education and related services to an individual residing in a state hospital, the State Departments of Developmental Services and State Hospitals shall contract with a county superintendent of schools, nonpublic, nonsectarian school, or other agency to provide all or part of the services that the individual’s individualized education program indicates should be provided in a program other than on state hospital grounds. A contract between a state hospital and a nonpublic, nonsectarian school shall only be entered into when no appropriate public education program is available. (Amended by Stats. 2012, Ch. 440, Sec. 3. (AB 1488) Effective September 22, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56857. Source version: id_d2d0a3df-0d8b-11e2-9797-e893a222dc9d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= Nothing in this chapter shall preclude the State Departments of Developmental Services and State Hospitals from contracting with a local public education agency, a nonpublic, nonsectarian school, or another agency to provide special education and related services on the state hospital grounds for those pupils whose individualized education programs do not indicate that such education and services should be provided in a program other than on state hospital grounds. These contracts shall not involve funds appropriated for purposes of community-based special education programs provided for state hospital pupils pursuant to this chapter. (Amended by Stats. 2012, Ch. 440, Sec. 4. (AB 1488) Effective September 22, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56857.5. Source version: id_d9ad90d5-20c9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) Community school agencies providing school programs on state hospital or developmental center grounds shall begin the orderly transfer of all state hospital or developmental center pupils whose individualized education programs indicate that a community school program is appropriate, to schools located in the community. (b) All pupils covered by subdivision (a) shall be served in community schools other than on state hospital or developmental center grounds, and the contracting provisions of this chapter shall apply only to pupils in community school programs other than on state hospital or developmental center grounds. (c) Waivers to subdivisions (a) and (b) may be granted only when approved by the State Superintendent of Public Instruction and either the Director of the State Department of Developmental Services, for individuals receiving developmental disability services pursuant to Division 4.1 (commencing with Section 4400) of the Welfare and Institutions Code, or the Director of State Hospitals, for individuals receiving mental health services pursuant to Division 4 (commencing with Section 4000) of the Welfare and Institutions Code. (Amended by Stats. 2023, Ch. 44, Sec. 4. (AB 121) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56858. Source version: id_ddc7fb17-20c9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) On the first day of each month, the State Department of Developmental Services or the State Department of State Hospitals, as appropriate, upon submission of an invoice by the county superintendent of schools, shall pay to the county superintendent of schools the amount projected to cover the cost of hospital or developmental center pupils educated in community school programs. (b) The amount described in subdivision (a) shall be determined according to procedures agreed by the State Department of Developmental Services or the State Department of State Hospitals, and the State Department of Education. (c) Upon completion of the fiscal year, the county superintendent of schools shall calculate the actual cost of hospital pupils educated in community schools according to procedures in subdivision (b) approved by the State Department of Developmental Services or the State Department of State Hospitals and the State Department of Education. (d) If the calculated actual cost of educating these pupils is greater than the total amount the county superintendent of schools has received for the fiscal year pursuant to subdivision (a), the following years’ distribution shall be adjusted accordingly. (e) The county superintendent of schools shall distribute funds to participating districts on a pro rata basis. (Amended by Stats. 2023, Ch. 44, Sec. 5. (AB 121) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56858.5. Source version: id_e1e01b69-20c9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) A contract prescribed by this chapter shall become effective unless disapproved by the State Department of Finance or State Department of General Services within 20 working days of receipt of the contract. Each department shall have 10 working days to consider the contract. (b) Contracts shall be submitted to the State Department of Developmental Services or the State Department of State Hospitals, as appropriate, for approval before May 15. (c) A payment shall not be processed before contract approval, and educational services shall not be provided in the community school programs before contract approval. (Amended by Stats. 2023, Ch. 44, Sec. 6. (AB 121) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56858.7. Source version: id_dd520dbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) Nothing in this chapter shall prohibit the inclusion of in-kind services or the assignment of state hospital personnel in a contract for services pursuant to this chapter. (b) Ten percent of the contract costs shall be attributed to in-kind services. In-kind services above 10 percent of the contract costs shall be mutually agreed upon by both parties to the contract. Any disagreement over in-kind services above 10 percent shall not be cause for delaying approval of the contract. (c) A 60 day prior written notice shall be given by the state hospital to the county superintendent of schools for the initiation or removal of in-kind state hospital classified personnel. (Added by Stats. 1982, Ch. 1201, Sec. 60. Effective September 22, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56859. Source version: id_e5fad3cb-20c9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= All certificated state hospital or developmental center employees hired to provide educational services to individuals with exceptional needs shall possess an appropriate California credential in special education. Certificated state hospital or developmental center employees who do not possess appropriate California credentials in special education shall be reassigned to provide educational services to individuals residing in state hospitals and developmental centers who are not eligible for services under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). (Amended by Stats. 2023, Ch. 44, Sec. 7. (AB 121) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56860. Source version: id_e3bb22f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= Special transportation shall be the responsibility of the state hospital. (Repealed and added by Stats. 1982, Ch. 1201, Sec. 63. Effective September 22, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56862. Source version: id_d940e501-0d8b-11e2-9797-e893a222dc9d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= It is not the intent of this chapter to displace educational and related services personnel already employed by the state hospitals under the administration of the State Department of Developmental Services or the State Department of State Hospitals, or to reduce their salaries or other employee benefits. The State Department of Developmental Services and the State Department of State Hospitals shall complete an annual review of the impact that implementation of this act will have in reducing the need for positions in state hospitals due to time spent by residents in community education programs and shall submit a report on its findings to the Department of Finance for approval. (Amended by Stats. 2012, Ch. 440, Sec. 5. (AB 1488) Effective September 22, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56863. Source version: id_ea0f98bd-20c9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= (a) The state hospital or developmental center, as part of the notification to the educational rights holder of their rights pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), and this part and implementing regulations, shall notify the educational rights holder of the right that the student can be considered for education programs other than on state hospital or developmental center grounds. (b) For purposes of this section, “educational rights holder” means a parent, a legal guardian, a conservator, a person acting as a parent of a child, an adult student who is not conserved, a surrogate parent appointed pursuant to Section 300.519 of Title 34 of the Code of Federal Regulations, or any other person responsible for protecting the student’s rights and interests with respect to educational or developmental services, including any special education and related services. (c) Information and records concerning state hospital and developmental center patients in the possession of the Superintendent shall be treated as confidential under Section 5328 of the Welfare and Institutions Code and the federal Privacy Act of 1974, Public Law 93-579. (Amended by Stats. 2023, Ch. 44, Sec. 8. (AB 121) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56864. Source version: id_e3bb22f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= Individuals with exceptional needs residing in state hospitals shall not be included within the funding calculation made pursuant to Chapter 7.2 (commencing with Section 56836). (Amended by Stats. 1998, Ch. 89, Sec. 59. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 30. SPECIAL EDUCATION PROGRAMS [56000 - 56865] CHAPTER 8. Special Education Programs for Individuals With Exceptional Needs Residing in State Hospitals [56850 - 56865] SECTION 56865. Source version: id_e3bb22f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=30.&chapter=8.&article= Funds appropriated by Section 11 of Chapter 1191 of the Statutes of 1980 may be used for remodeling classrooms located in a community school, in addition to the purposes of Chapter 25 (commencing with Section 17785) of Part 10, in order to serve state hospital pupils whose individualized education programs require a community school program. (Added by Stats. 1982, Ch. 1201, Sec. 66. Effective September 22, 1982.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58400. Source version: id_e3ec1e29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= The Legislature hereby finds and declares that several schools have developed programs of individualized instruction based upon performance criteria, including the integration of vocational education with the regular coursework, which have greatly improved their students’ achievement and that the success of such programs offers great promise for improving the effectiveness of education throughout the state. The Legislature intends to extend the use of individualized instruction programs on a large scale and to immediately organize a comprehensive program of individualized instruction based upon performance criteria in a major urban school district. Such a comprehensive program shall: (a) Address the range of socioeconomic-educational problems of urban school children which will be faced by other urban school districts which may desire to develop individualized instruction programs. (b) Convert the entire curriculum for kindergarten through 12th grade and articulate the curriculum with a community college. (c) Fully integrate vocational education with the regular curriculum in order to acquaint students with a variety of career alternatives and to provide them with flexible opportunities to acquire the combination of vocational and academic skills required for their individual educational and career objectives. (d) Draw together existing experience, techniques, and material in the field of individualized instruction, and produce an increased fund of economically reproducible instructional resources to accelerate large-scale conversion of schools in other school districts of the state. (e) Provide a careful evaluation of the effectiveness of individualized instruction and the problems of conversion, including teacher training, curriculum design and production, integration of vocational education with the regular coursework, and plant utilization. Such an evaluation will help other school districts avoid pitfalls and unnecessary expenditures and permit their programs of individualized instruction to be developed with maximum efficiency and effectiveness. (f) Provide a major opportunity to design and test the criteria and tools for measuring educational performance. Such an opportunity shall contribute essential information and experience to efforts to set goals and measure performance in all the schools of this state. (g) Provide the Governor and the Legislature with more precise information on the fiscal requirements for converting schools in this state to programs of individualized instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58401. Source version: id_e3ec1e2b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= As used in this chapter “individualized instruction based upon performance criteria” means an educational method in which (a) aptitudes, interests, motivations, and other characteristics of each student play a major role in the selection of educational objectives and the determination of the sequence of study and choice of materials and procedures; (b) the time spent by each student in a given subject area is determined by his performance; and (c) the progress of each student is measured by comparing his performance with a specific objective, rather than with the performance of other students. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58402. Source version: id_e60476dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= The Legislature further finds and declares that funds are needed to convert the regular curriculum to individualized instruction and integration of vocational education and that once such conversion and integration have been accomplished, such program shall operate on the funds regularly available to the school districts. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58403. Source version: id_e60476df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= The State Board of Education shall establish application procedures and select a school district to undertake an individualized instruction program pursuant to this chapter. The specific goal of the individualized instruction program authorized by this article shall be to convert at least one high school and the network of elementary and junior high schools which provide students to that high school to a program of individualized instruction based upon performance criteria, including the full integration of vocational education with the regular coursework, and to articulate this program with a community college. In authorizing this program, the Legislature recognizes that conversion of the entire network of schools may require incremental development beginning, for example, with a high school, one junior high school, and one elementary school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58404. Source version: id_e60476e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= In selecting a school district to undertake an individualized instruction program pursuant to this chapter, the board shall use the following criteria: (a) The school district shall be a large urban unified district, which had an average daily attendance of not less than 30,000 for the school year 1967–1968, and which has an agreement with a community college to articulate their curricula. (b) The high school and network of junior high and elementary schools shall be representative of the range of socioeconomic-educational problems faced by urban schools. (c) The local board of education and administrators of the school district and the administrators and teachers of the schools to be involved shall be strongly committed to the goals of the individualized instruction program. (d) The individualized instruction program shall be carried out with maximum participation of the teachers and administrators of the individual schools and with substantial flexibility for each school to establish its own program within the framework of general goals and requirements for the overall program within the school district. (e) The school district shall have a plan for community involvement with the program, including students, parents, and representatives of business, industry, organized labor, community and civic organizations, and the general public. (f) The cost experience of the individualized instruction program and the instructional technology used in the school district shall be readily transferable to other schools in the state. (g) The schools selected by the district to participate in the program shall receive entitlement equivalent to the total amount of resources from state, local and federal funds which would otherwise be provided the schools under the district’s current budgeting procedures. (h) The instructional program shall include the full integration of vocational education with the regular curriculum and shall acquaint students in all grades with career alternatives and the relevancy of the school curricula to achieving career objectives. (i) The school district shall have a written statement adopted by the local board of education setting forth the goals, and to the extent feasible, the measurable objectives of education in the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58405. Source version: id_e60476e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= In selecting the school district to undertake the individualized instruction program pursuant to this chapter, the State Board of Education shall conduct a thorough field review in order to make independent judgments of the suitability of a district to participate in the program. The field review shall include a rating of the levels of commitment of the teachers and administrators to the individualized instruction program set forth in this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58406. Source version: id_e605fd85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= The district selected to undertake the program authorized by this chapter shall have complete responsibility for the program’s progress and success. The staff of the Department of Education shall serve as a resource team that shall provide technical assistance and advice to the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58407. Source version: id_8b2edb1e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= The state board may waive any provision of this code, with the exception of Article 1 (commencing with Section 16500), and Article 3 (commencing with Section 39140) of Chapter 2 of Part 23, which it deems is necessary to waive to assure the success of the program authorized by this chapter. (Amended by Stats. 2006, Ch. 538, Sec. 127. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 2. Individual Instruction [58400 - 58409] SECTION 58409. Source version: id_e605fd89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=2.&article= District evaluation and reporting requirements required by this article shall not supersede other legal requirements. It is the intent of the Legislature, however, that the State Board of Education and the Department of Education make every effort to use the evaluation and reporting requirements under this chapter in fulfilling any other legal requirements in order to minimize the administrative burdens on the school district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58500. Source version: id_e605fd8d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= The governing board of any school district may establish and maintain one or more alternative schools within the district. For the purposes of this article, an alternative school is defined as a school or separate class group within a school which is operated in a manner designed to: (a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy. (b) Recognize that the best learning takes place when the student learns because of his desire to learn. (c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his own time to follow his own interests. These interests may be conceived by him totally and independently or may result in whole or in part from a presentation by his teachers of choices of learning projects. (d) Maximize the opportunity for teachers, parents and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process. (e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including but not limited to the community in which the school is located. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58501. Source version: id_e605fd8f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= The following notice shall be sent along with the notification of parents and guardians required by Section 48980: “Notice of Alternative Schools California state law authorizes all school districts to provide for alternative schools. Section 58500 of the Education Code defines alternative school as a school or separate class group within a school which is operated in a manner designed to: (a) Maximize the opportunity for students to develop the positive values of self-reliance, initiative, kindness, spontaneity, resourcefulness, courage, creativity, responsibility, and joy. (b) Recognize that the best learning takes place when the student learns because of his desire to learn. (c) Maintain a learning situation maximizing student self-motivation and encouraging the student in his own time to follow his own interests. These interests may be conceived by him totally and independently or may result in whole or in part from a presentation by his teachers of choices of learning projects. (d) Maximize the opportunity for teachers, parents and students to cooperatively develop the learning process and its subject matter. This opportunity shall be a continuous, permanent process. (e) Maximize the opportunity for the students, teachers, and parents to continuously react to the changing world, including but not limited to the community in which the school is located. In the event any parent, pupil, or teacher is interested in further information concerning alternative schools, the county superintendent of schools, the administrative office of this district, and the principal’s office in each attendance unit have copies of the law available for your information. This law particularly authorizes interested persons to request the governing board of the district to establish alternative school programs in each district.” Further, a copy shall be posted in at least two places normally visible to pupils, teachers, and visiting parents in each attendance unit for the entire month of March in each year. (Amended by Stats. 1981, Ch. 469, Sec. 3.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58502. Source version: id_e6078331-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= The parent or guardian of any pupil may request the governing board of a school district to establish an alternative school program or programs in the district pursuant to this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58503. Source version: id_e6078333-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= Teachers employed and students enrolled in the alternative school shall be selected entirely from volunteers. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58504. Source version: id_e6078335-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= Previous classroom performance shall not be a criterion limiting any student from the opportunity of attending an alternative school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58505. Source version: id_e6078337-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= A district may establish alternative schools in each attendance area or on a districtwide basis, with enrollment open to all students districtwide, or any combination thereof. (Amended by Stats. 1977, Ch. 911.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58507. Source version: id_e6078339-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= Alternative schools shall be operated in a manner to maximize the opportunity for improvement of the general school curriculum by innovative methods and ideas developed within the alternative school operation and to improve the general level of education in the State of California as provided in Section 58510. Any alternative school shall be maintained and funded by the school district at the same level of support as other educational programs for children of the same age level operated by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58509. Source version: id_e607833b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= For the operation of alternative schools as herein defined, the Superintendent of Public Instruction may, upon application of a school district, waive any provisions of this code other than those relating to earthquake safety and the provisions of this chapter. (Amended by Stats. 1978, Ch. 380.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58510. Source version: id_e612319d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= Each district operating an alternative school shall annually evaluate such school. The evaluation shall include testing of basic skills for student participants, and must identify the variables which may have affected student academic achievement. The process of evaluation shall also include teacher, parent, and student input from the alternative school itself. These evaluation reports shall be sent to the Superintendent of Public Instruction on or before August 1st of the following year and shall be annually reviewed by persons designated by the superintendent who are not employed by the district operating the alternative school under review. (Amended by Stats. 1977, Ch. 911.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58511. Source version: id_e612319f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= The Superintendent of Public Instruction shall establish minimum standards to further implement the definition of alternative schools as used in Section 58500 and may also establish such further guidelines as may be deemed by him necessary to the proper administration of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 3. Alternative Schools [58500 - 58512] SECTION 58512. Source version: id_e61231a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=3.&article= The governing board of a school district maintaining an alternative school may provide in whole or in part for the transportation of a pupil attending the alternative school. In lieu of providing such transportation, the governing board may pay to the parents or guardian of the pupil a sum not to exceed the cost of actual and necessary travel incurred in transporting such pupils in cases where transportation is provided by or paid for by the parents or guardian; provided, that in no case shall the district’s state apportionment for transportation expenses be increased because of the operation of an alternative school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58800. Source version: id_e85b5e93-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= It is the intent of the Legislature in enacting this chapter to assist in the establishment of specialized high schools in the state to provide advanced instruction and training in high technology fields and in the performing arts. The Legislature recognizes that the establishment of these specialized high schools will benefit the state economy by providing opportunities to talented pupils to obtain enhanced learning opportunities in high technology fields and in the performing arts while enrolled in schools located in school districts in close proximity to areas in which these industries are located. The Legislature also recognizes that the high technology specialized high schools established under this chapter will enable the faculty providing instruction in these schools to develop model curricula of general application in the fields of mathematics, science, performing arts, and computer technology to be made available to other school districts in the public school system. (Amended by Stats. 1987, Ch. 106, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58801. Source version: id_e85b5e95-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= Any school district operating one or more high schools, or any consortium of school districts that operate one or more high schools, or any county superintendent of schools, or any county board of education, may submit a proposal to the Superintendent of Public Instruction to establish a school or schools with specialized curricula in high technology, performing arts, or other special curricular areas, for pupils in grades 9 through 12. School districts that submit proposals as a consortium shall agree to accept pupils from each district in the consortium at the specialized school. The Superintendent of Public Instruction shall, commencing with the 1984–85 fiscal year, allocate funds for startup costs of these specialized secondary schools or programs. (Amended by Stats. 1985, Ch. 831, Sec. 1. Effective September 19, 1985.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58801.5. Source version: id_e85d0c47-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= Entities eligible for funding of startup costs pursuant to Section 58801 shall be eligible to compete for funding for startup costs regardless of funding in any prior year. Receipt of funds for additional startup costs shall be based upon the addition of new program offerings. Funds provided pursuant to this section shall supplement, and shall not supplant, funds provided pursuant to Section 58801. (Added by Stats. 1987, Ch. 676, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58801.6. Source version: id_e85d0c49-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= The Superintendent of Public Instruction shall apportion funds as available from the annual Budget Act for support of specialized secondary programs established prior to the 1991–92 fiscal year that operate in conjunction with the California State University. Funds apportioned pursuant to this section shall be distributed equally among eligible specialized secondary schools. (Added by Stats. 1992, Ch. 563, Sec. 2. Effective January 1, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58802. Source version: id_eaadda1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= Faculty members providing instruction in specialized secondary programs shall develop model curricula which the Superintendent of Public Instruction shall make available to other school districts in the state. (Amended by Stats. 1994, Ch. 922, Sec. 166. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58803. Source version: id_eaadda1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= Notwithstanding any other provision of law, specialized secondary programs may select as teachers noncredentialed persons who possess unique talents or skills from business, performing arts, or postsecondary institutions. No noncredentialed person shall be retained as a teacher in a specialized secondary program unless, within 60 days after the governing board has hired such a person, the Commission on Teacher Credentialing has issued a certificate of clearance for him or her, which the commission shall issue when it has verified the person’s personal identification and good moral character. Each school district governing board that employs noncredentialed persons to teach in specialized secondary programs shall annually report to the Superintendent of Public Instruction the number of those persons employed, the subjects they are employed to teach, and the unique talents and skills they possess. (Added by Stats. 1983, Ch. 498, Sec. 112. Effective July 28, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58804. Source version: id_eaadda1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= From the funds appropriated by the Legislature for the purposes of Section 42238, the Superintendent of Public Instruction shall make allocations for the purposes of this chapter to county superintendents of schools, and county boards of education, operating approved specialized secondary schools, as follows: (a) For the 1985–86 fiscal year, and for each fiscal year thereafter, in lieu of the funding calculation set forth in Section 42238, the revenue limit for each county superintendent of schools, or county board of education, operating one or more specialized secondary schools shall be calculated by multiplying the average daily attendance for the school or schools by the statewide average base revenue limit per unit of average daily attendance, for high school districts, as computed under paragraph (2) of subdivision (d) of Section 42238. (b) The school district of residence of any pupil enrolled in a specialized secondary school operated by a county superintendent of schools or county board of education shall not include the attendance of that pupil in any computation of average daily attendance for purposes of Section 42238. (Added by Stats. 1985, Ch. 831, Sec. 2. Effective September 19, 1985.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58804.2. Source version: id_eaadda21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= Commencing with the 1992–93 academic year, each specialized secondary school operated pursuant to Section 58801.6 shall annually evaluate the success of its program as follows: (a) The program shall be deemed successful if it meets all of the following: (1) Eighty percent of the pupils participating in the program pursue either postsecondary education or additional professional training in their chosen fields of study after graduation from high school. (2) Eighty percent of the pupils that remain in the program complete their high school education. (b) The program shall also be evaluated based on an assessment of other factors including, but not limited to, the following: (1) Increased pupil, parent, community, professional and business community, and school employee satisfaction with pupil learning, school organization, and school governance and management. (2) Counseling and other support services that enhance the program and the success of the pupils. (3) Improvement in the academic performance of pupils as measured by grade point average or other appropriate standards of achievement. (Amended by Stats. 1993, Ch. 1296, Sec. 32. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58805. Source version: id_eaadda23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= (a) The Superintendent of Public Instruction may enter into an interagency agreement with a consortium of two or more school districts to establish an academy of visual and performing arts to operate specialized secondary school programs in visual and performing arts that are conducted outside the regular schoolday, subject to this chapter. (b) The governing boards of any two or more school districts or county offices of education may enter into the consortium described in subdivision (a). The academy established by this section shall be governed, subject to the interagency agreement provided for by subdivision (a), by a five-member governing board which shall be made up of 3 members representing the consortium who shall be superintendents or their designees of school districts or county offices of education with the largest student participation; and two members appointed by the Foundation for the Academy of Performing and Visual Arts. The authority of the board to operate the academy shall include, but not be limited to, the following: (1) The appointment of a director to develop and administer the academy and the specialized secondary school programs operated by the academy. (2) The execution of an agreement with any urban campus of a college or university with a means for assisting in the development of similar programs at other campuses or universities on a statewide basis, for the use of the educational resources of that campus for the purposes of this section. (3) Responsibility over the fiscal accountability of the academy. (c) For the purposes of subdivision (e) of Section 46300, the off-campus participation, by a pupil in any of the grades 9 to 12, inclusive, in any program of visual or performing arts operated under this section may be authorized as an independent study program in accordance with Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28. In no event shall a pupil concurrently enrolled in an independent study program and in a regular comprehensive high school or junior high school generate, for the purposes of Section 46300, more than one unit of average daily attendance per school year. (Added by Stats. 1986, Ch. 1315, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 31. EXPERIMENTAL SCHOOL PROGRAMS [58400 - 58806] CHAPTER 6. Specialized Secondary Programs [58800 - 58806] SECTION 58806. Source version: id_eaaf60c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=31.&chapter=6.&article= A specialized secondary school operated by a county superintendent of schools under this chapter shall be considered a school district by the Superintendent of Public Instruction for purposes of receiving funds pursuant to Sections 42239 and 42239.5 of the Education Code. If a specialized secondary school counts a pupil in its summer school enrollment, the school shall notify the pupil’s school district of original attendance, and that school district shall not count that pupil in its summer school enrollment. (Added by Stats. 1990, Ch. 448, Sec. 1. Effective July 31, 1990.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59000. Source version: id_f1666f37-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. There are two state schools for the deaf, known and designated as the California School for the Deaf, Northern California, and the California School for the Deaf, Southern California. The term “California School for the Deaf” shall refer to both schools unless the context otherwise requires. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59001. Source version: id_f1666f39-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The California School for the Deaf is part of the public school system of the state except that it derives no revenue from the State School Fund, and has for its object the education of the deaf who, because of their severe hearing loss and educational needs, cannot be provided an appropriate educational program and related services in the regular public schools. (Amended by Stats. 1977, Ch. 1247.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59001.2. Source version: id_f1666f3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The Legislature finds and declares all of the following: (a) It is essential for the well-being and growth of deaf and hard-of-hearing pupils that educational programs recognize the unique nature of deafness and ensure that all deaf and hard-of-hearing pupils have appropriate, ongoing, and fully accessible educational opportunities. (b) It is essential that a deaf or hard-of-hearing pupil obtain an education in which special education teachers, psychologists, speech therapists, assessors, administrators, and other school and residential program personnel understand the unique nature of deafness and are trained to work with a deaf or hard-of-hearing pupil. (c) It is essential that a deaf or hard-of-hearing pupil obtain an education in which his or her special education teachers are proficient in the primary language mode of that pupil. (d) It is essential that a deaf or hard-of-hearing pupil obtain an education in which his or her parents are involved in determining the extent, content, and purpose of programs. (e) It is essential that a deaf or hard-of-hearing pupil, like all pupils, have programs in which his or her unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach. (f) Each deaf or hard-of-hearing pupil should receive an education that allows him or her to master a primary language. (Added by Stats. 2003, Ch. 865, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59001.4. Source version: id_f1666f3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. It is the intent of the Legislature that programs at the California School for the Deaf provide all of the following: (a) Each pupil should be assured an education appropriate to his or her needs in publicly supported programs through completion of his or her prescribed course of study or until the time that he or she has met proficiency standards. (b) Each pupil should have his or her educational goals, objectives, special education, and related services specified in a written individualized education program. (c) Procedures and materials for assessment and placement of individuals with exceptional needs should be selected and administered so as not to be racially, culturally, or sexually discriminatory. No single assessment instrument should be the sole criterion for determining placement of a pupil. The procedures and materials for assessment and placement should be in the individual’s mode of communication. All assessment materials and procedures should be selected and administered pursuant to Section 56320. (d) Psychological and health services for individuals with exceptional needs should be available to each schoolsite. (e) Continuous evaluation of the effectiveness of these education programs should be made to ensure the highest quality educational offerings. (f) Appropriate qualified staff should be employed, consistent with credentialing requirements, to fulfill the educational responsibilities, and positive efforts are made to employ qualified deaf and hard-of-hearing individuals. (g) Educational and residential program personnel should be adequately prepared to provide educational instruction and services to individuals with exceptional needs in the appropriate communication mode, including American Sign Language. (h) There should be appropriate access to information and training in American Sign Language for parents and pupils to ensure that they are able to appropriately communicate with their families. (Added by Stats. 2003, Ch. 865, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59002. Source version: id_f1711d9f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The California Schools for the Deaf are under the administration of the State Department of Education. The Superintendent of Public Instruction, in connection with the California Schools for the Deaf, shall do all of the following: (a) Provide educational assessments and individual educational recommendations for individuals who are referred for those services pursuant to Section 56326. (b) Maintain a comprehensive elementary educational program, including related services, for deaf individuals. (c) Serve as a regional secondary educational program providing a comprehensive secondary education, including a full-range academic curriculum, appropriate prevocational and vocational preparation opportunities, and nonacademic and extracurricular activities. (Amended by Stats. 1992, Ch. 759, Sec. 50. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59002.5. Source version: id_f1711da1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The Superintendent of Public Instruction, in connection with the California Schools for the Deaf and in cooperation with public and private agencies, may do one or more of the following: (a) Serve as a demonstration school to promote personnel development through student teaching, in-service education, internships, professional observations for special education and related services personnel in cooperation with institutions of higher education and local education agencies. (b) Serve as a resource center to develop and disseminate special curriculum, media teaching methods, and instructional materials adapted for deaf individuals, achievement tests and other assessment methods useful to the instruction of deaf individuals. (c) Provide counseling and information services for parents, guardians, and families of deaf individuals, and public information about deafness to community groups and other agencies. (d) Conduct experimental programs and projects to promote improvement in special education for deaf individuals. (e) Promote and coordinate community and continuing education opportunities for deaf individuals utilizing existing community resources. (Amended by Stats. 1992, Ch. 759, Sec. 51. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59003. Source version: id_f1711da3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The State Department of Education in relation to the California Schools for the Deaf shall: (a) Prescribe rules for the government of the schools. (b) Appoint the superintendents and other officers and employees. (c) Remove for cause any officer, teacher, or employee. (d) Fix the compensation of officers, teachers, and employees. (Amended by Stats. 1992, Ch. 759, Sec. 51.5. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59004. Source version: id_f1711da5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The superintendent of the school shall have had not less than three years’ experience in the art of teaching the deaf and shall hold a credential issued by the State Board of Education authorizing him to teach in secondary schools of this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59005. Source version: id_f1711da7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The powers and duties of the superintendents of the schools are such as are assigned by the Superintendent of Public Instruction. (Amended by Stats. 1992, Ch. 759, Sec. 51.7. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59006. Source version: id_f1711da9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The Superintendent of Public Instruction may authorize the California Schools for the Deaf to establish and maintain teacher training courses designed to prepare teachers of the public schools and such other persons holding a credential issued by the State Board of Education as are recommended by the president of a campus of the California State University, to give instruction to the deaf and the hard of hearing. The Superintendent of Public Instruction shall prescribe standards for the admission of persons to the courses, and for the content of the courses. The California Schools for the Deaf may enter into agreements with the Trustees of the California State University, the University of California, or any other university or college accredited by the State Board of Education as a teacher training educational institution, to provide practice teaching required for issuance of the credential authorizing the holder to teach the deaf and severely hard of hearing. The agreement may provide a reasonable payment, for services rendered, to teachers of the California Schools for the Deaf who have practice teachers under their direction. (Amended by Stats. 1992, Ch. 759, Sec. 52. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59007. Source version: id_f172a44b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. The State Department of Education may employ any person, otherwise qualified, who has retired for service under either the Public Employees’ Retirement System or the State Teachers’ Retirement System as a substitute in a position requiring certification qualifications at the California Schools for the Deaf, except that the total of that service and any service rendered pursuant to Section 23919 shall not exceed 90 teaching days in any one fiscal year. (Amended by Stats. 1992, Ch. 759, Sec. 52.5. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59008. Source version: id_fbd0c354-47ed-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. (a) The Department of Human Resources shall consider making salaries for teachers, specialists, and administrators of the California School for the Deaf competitive with the salaries of similarly qualified school teachers, specialists, and administrators who are employed by the encompassing school districts. (b) For purposes of this section, “teachers,” “teacher specialists,” and “administrators” mean those individuals who hold the appropriate teaching, service, or teaching and administrative credential, as appropriate, as issued by the Commission on Teacher Credentialing, as determined by the employing state agency. (Amended by Stats. 2012, Ch. 665, Sec. 10. (SB 1308) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 1. Administration [59000 - 59009] SECTION 59009. Source version: id_a0cead11-94c6-11f0-b924-ab4989f102ab Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=1. (a) The department may require employees, prospective employees, volunteers, contractors, and subcontractors for the California School for the Deaf, as defined in Section 59000, to undergo a fingerprint-based state and national criminal history background check. (b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 23. (SB 160) Effective September 17, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59020. Source version: id_f172a451-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. Every deaf person between the ages of 3 and 21 years, who is a resident of the state and who meets the criteria set forth in this section, is entitled to an education in the California School for the Deaf free of charge. Priority in admission to the California School for the Deaf shall be given to elementary age deaf minors residing in sparsely populated regions and to secondary age deaf minors in need of a high school program, for whom appropriate comprehensive educational facilities and services are not available or cannot be reasonably provided by their local school districts or county educational agencies. The criteria of admission to California Schools for the Deaf and Blind shall be administratively determined by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59023. Source version: id_f172a453-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. If the parent or guardian of any pupil in the school is unable either himself or from the estate of the child to clothe the child, or pay for its transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while at the school, or is unable either himself or from the estate of the child to reimburse the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency, the parent or guardian may apply for a certificate to that effect to the superior court of the county of which the parent or guardian of the child is a resident. If the court is satisfied that the parent or guardian either himself or from the estate of the child is unable to pay for any such service, it shall issue a certificate to that effect. The application for the certificate may also be made to the court by the superintendent of the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59024. Source version: id_f17d79c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. If it appears to the satisfaction of the court that the parent or guardian has sufficient pecuniary ability or that there are sufficient funds in the estate of the child to provide the service for the child or to reimburse the Department of Education for expenses incurred by it in providing the service for the child in an emergency, the court shall not issue the certificate, but shall, according to the nature of the application before it, either order the superintendent to provide the child with the service or order the parent or guardian either himself or from the estate of the child, as the court determines, to reimburse the Department of Education for expenses incurred by it in providing the service for the child in an emergency. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59025. Source version: id_f4287587-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. If the Department of Education is not reimbursed by the parent or guardian personally or from the estate of the child for expenditures made by the superintendent under the order of the court or if the parent or guardian does not comply with an order of the court to reimburse the Department of Education either personally or from the estate of the child for expenses incurred by it in providing the service for the child in an emergency, the superintendent may sue the parent or guardian, in the name of the state, to recover any money paid out by order of the court or due the Department of Education as reimbursement under an order of the court. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59026. Source version: id_f4287589-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. All money expended under the authority of any such certificate for clothing and transportation, necessary dental work, eye care, operations, and hospitalization, and all money expended by the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency for which the Department of Education cannot be reimbursed by the parent or guardian of the child as shown by the certificate, constitutes a legal charge against the county from which the certificate is issued. Expenditures for clothing and transportation shall not exceed the sum of three hundred eighty-five dollars ($385) for the 1974–75 school year, and an amount thereafter which shall be adjusted annually in conformance with the Consumer Price Index, all items, of the Bureau of Labor Statistics of the United States Department of Labor, measured for the calendar year next preceding the fiscal year to which it applies. The State Controller shall determine the amount authorized pursuant to this section for the 1975–76 school year and thereafter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59027. Source version: id_f428758b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. The certificate shall be presented to the superintendent of the school. When the certificate shows that the parent or guardian of the child is unable either himself or from the estate of the child to clothe the child, or pay for his transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while in school, the superintendent shall clothe the child and provide the transportation, necessary dental work, eye care, operations, and hospitalization. The expense of the services, or any of them, shall be advanced by the Department of Education out of money appropriated for the support of the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59028. Source version: id_f428758d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. Upon presentation to the county in which the certificate is issued, of an itemized claim, duly sworn to by the superintendent of the school before an officer authorized to administer oaths, for the expense for clothing, transportation, and other items provided and furnished under the authority of the certificate, or for the reimbursement of the Department of Education, the claim shall be processed and paid pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. The amount paid and all reimbursements of the Department of Education under this section shall be credited to the current appropriation for the support and maintenance of the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59029. Source version: id_f428758f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. All pupils in the school shall be maintained at the expense of the state, except as provided in Sections 59021, 59023 to 59028, inclusive, 59030, and 59031. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59030. Source version: id_f4287591-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. The governing board of each school district of residence shall, from the general fund of the school district, pay for the transportation cost of each pupil of the district in attendance at the California School for the Deaf as a day-class pupil. For determining the school district responsible under the provisions of this section for making the payment when the pupils reside in other than a unified school district, pupils 15 years of age or older as of September 1 of each fiscal year shall be considered residents of the high school district, and pupils 14 years of age or under as of September 1 shall be considered residents of the elementary district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59030.5. Source version: id_f4287593-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. The Superintendent of Public Instruction shall allow to the California Schools for the Deaf, an amount not to exceed three hundred eighty-nine dollars ($389) per fiscal year per unit of average daily attendance of each deaf pupil attending one of the schools as a five-day residential pupil for the purpose of providing transportation to and from the pupil’s home on weekends and school holiday periods. In no case shall the total apportionment made to the schools exceed the actual total transportation expenditures of the schools. The administrators of such schools shall arrange for transportation of such pupils utilizing the most practical means including, but not limited to, commercial bus, rail, or air, charter bus or private passenger vehicle. (Added by Stats. 1977, Ch. 1249.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 2. Pupils [59020 - 59031] SECTION 59031. Source version: id_f429fc35-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=2. Deaf persons not residents of this state may be admitted to the benefits of the school upon paying to the Department of Education the school year cost for the maintenance, care, and instruction of persons at the school, payable quarterly in advance. The cost of the care, maintenance, and instruction shall be determined by the Department of Education with the approval of the Department of Finance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 3. Services [59040 - 59045] SECTION 59040. Source version: id_f429fc39-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=3. The Department of Education, in connection with the California School for the Deaf, may establish and maintain a preschool and kindergarten service for the care and teaching of children under school age. The department shall prescribe the rules and regulations which shall govern the conduct of the preschool and kindergarten service, appoint such teachers as it determines necessary, and fix their salaries. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 3. Services [59040 - 59045] SECTION 59041. Source version: id_f429fc3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=3. The Department of Education, in connection with the California School for the Deaf, may offer courses of instruction to parents of a deaf child to assist and instruct the parents in the early care and training of such child, to train the child in play, and to do everything which will assure the child’s physical, mental and social adjustment to its environment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 3. Services [59040 - 59045] SECTION 59042. Source version: id_f429fc3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=3. The Superintendent of Public Instruction may authorize the California School for the Deaf to establish and maintain a testing center for deaf and hard-of-hearing minors. It shall be the purpose of this center to test hearing acuity and to give such other tests as may be necessary for advising parents and school authorities concerning an appropriate educational program for the child. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 3. Services [59040 - 59045] SECTION 59043. Source version: id_f429fc3f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=3. Nothing in this article and no rule or regulation established thereunder shall authorize the compulsory physical examination or medical treatment of any child or minor if the parent or guardian objects on the ground that such examination or treatment is contrary to the religious beliefs of such parent or guardian. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 3. Services [59040 - 59045] SECTION 59044. Source version: id_f42b82e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=3. The Department of Education, in connection with the California School for the Deaf which maintains automobile driver training courses, may purchase from available funds public liability, property damage, collision, fire, theft, and comprehensive automobile insurance for motor vehicles, whether owned by private parties or such school for the deaf, used in connection with such courses. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 3. Services [59040 - 59045] SECTION 59045. Source version: id_f42b82e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=3. The Superintendent of Public Instruction, in conjunction with the California Schools for the Deaf, shall provide assessment and instructional planning services for individuals who are referred for those services pursuant to Section 56326. (Amended by Stats. 1992, Ch. 759, Sec. 52.7. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 4. Employment Qualifications [59050 - 59054] SECTION 59050. Source version: id_f42b82e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=4. Notwithstanding Sections 59051, 59052, 59053, and 59054, the California School for the Deaf may not use the American Sign Language Proficiency Interview (ASLPI) or an alternative test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf for the purposes specified in this article unless it is first determined that the test is a valid and reliable test for employment purposes. (Added by Stats. 2003, Ch. 865, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 4. Employment Qualifications [59050 - 59054] SECTION 59051. Source version: id_f42b82e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=4. During the 2004–05, 2005–06, and 2006–07 school years, for purposes of hiring a certificated individual to instruct deaf pupils, preference shall first be given to a candidate who achieves a minimum score of 4 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf that assesses American Sign Language linguistic competency. (Added by Stats. 2003, Ch. 865, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 4. Employment Qualifications [59050 - 59054] SECTION 59052. Source version: id_35e601e9-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=4. (a) Commencing with the 2004-05 school year, an individual may not be hired as a certificated employee to instruct deaf pupils unless the individual achieves a minimum score of 2.5 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf that assesses American Sign Language linguistic competency. (b) Commencing with the 2005-06 school year, an individual may not be hired as a certificated employee to instruct deaf pupils unless the individual achieves a minimum score of 3 on the ASLPI or an equivalent score on an alternate test, as described in subdivision (a). (c) Commencing with the 2006-07 school year, an individual may not be hired as a certificated employee to instruct deaf pupils unless the individual achieves a minimum score of 3.5 on the ASLPI or an equivalent score on an alternate test, as described in subdivision (a). (d) The minimum score requirements specified in subdivisions (a) to (c), inclusive, may be waived by the superintendent of the school if he or she certifies that no candidate who meets those requirements and all other selection criteria has applied to instruct deaf pupils and open positions remain. (Amended by Stats. 2005, Ch. 22, Sec. 51. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 4. Employment Qualifications [59050 - 59054] SECTION 59053. Source version: id_f42b82ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=4. (a) Commencing with the 2004–05 school year, and every three years thereafter, a certificated employee who instructs deaf pupils and who has not achieved a minimum score of 4 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf that assesses American Sign Language linguistic competency, shall retake one of those assessments. (b) A certificated employee who instructs deaf pupils and who does not achieve a minimum score of 4 on the ASLPI or an equivalent score on an alternate test, as described in subdivision (a), may not be subject to discipline. The certificated employee shall be encouraged to study until that score is achieved. (c) Any fee imposed to take the ASLPI or an alternate test, as described in subdivision (a), shall be paid by the certificated employee. If the certificated employee receives a minimum score of 4 on the ASLPI or an equivalent score on the alternate test, the California School for the Deaf shall reimburse the certificated employee for that fee. (Added by Stats. 2003, Ch. 865, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 1. California Schools for the Deaf [59000 - 59054] ARTICLE 4. Employment Qualifications [59050 - 59054] SECTION 59054. Source version: id_f42d098f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=1.&article=4. (a) For purposes of hiring an individual to serve as a substitute teacher, preference shall be given as follows: (1) First, to a candidate who achieves a minimum score of 4 on the American Sign Language Proficiency Interview (ASLPI) or an equivalent score on an alternate test selected by the American Sign Language Competency Evaluation Committee of the California School for the Deaf that assesses American Sign Language linguistic competency. (2) Second, to a candidate who achieves a minimum score of 3 on the ASLPI or an equivalent score on an alternate test, as described in paragraph (1). (3) Third, to a candidate who achieves a minimum score of 2.5 on the ASLPI or an equivalent score on an alternate test, as described in paragraph (1). (b) Except as provided in subdivision (c), a candidate who fails to achieve a score of at least 2.5 on the ASLPI or who fails to achieve an equivalent score on an alternate test, as described in paragraph (1), may not be hired as a substitute teacher. (c) The superintendent of the school may waive the requirements of subdivision (b) if no candidate for the substitute teacher position has achieved the minimum score required by subdivision (b) and there is an immediate need to fill an open position. (Added by Stats. 2003, Ch. 865, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 1. Administration [59100 - 59105] SECTION 59100. Source version: id_f6ffd7a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=1. There is one state school for the blind, known and designated as the California School for the Blind. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 1. Administration [59100 - 59105] SECTION 59101. Source version: id_f6ffd7a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=1. The California School for the Blind is a part of the public school system of the state except that it derives no revenue from the State School Fund, and has for its object the education of visually impaired, blind, and deaf-blind pupils who, because of their severe sensory loss and educational needs, cannot be provided an appropriate educational program and related services in the regular public schools. (Amended by Stats. 1992, Ch. 759, Sec. 53. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 1. Administration [59100 - 59105] SECTION 59102. Source version: id_f6ffd7a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=1. The California School for the Blind is under the administration of the State Department of Education. The Superintendent of Public Instruction, in connection with the California School for the Blind, shall do all of the following: (a) Provide educational assessments and individual educational recommendations for individuals referred for those services pursuant to Section 56326. (b) Maintain a comprehensive elementary and secondary educational program, including related services and nonacademic and extracurricular activities for visually impaired, blind, and deaf-blind individuals. (Amended by Stats. 1992, Ch. 759, Sec. 54. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 1. Administration [59100 - 59105] SECTION 59102.5. Source version: id_f7015e4b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=1. The Superintendent of Public Instruction, in connection with the California School for the Blind and in cooperation with public and private agencies, may: (a) Serve as a demonstration school to promote personnel development through student teaching, in-service education, internships, and professional observations for special education and related services personnel, in cooperation with institutions of higher education and local education agencies. (b) Serve as a resource center to develop and disseminate special curriculum, media, teaching methods and instructional materials adapted for visually impaired, blind, and deaf-blind individuals, achievement tests, and other assessment methods useful to the instruction of visually impaired, blind, and deaf-blind individuals. (c) Provide counseling and information services to parents, guardians, and families of visually impaired, blind, or deaf-blind individuals, and public information about sensory losses to community groups and other agencies. (d) Conduct experimental programs and projects to promote improvement in special education for visually impaired, blind, and deaf-blind individuals. (e) Promote community and continuing education opportunities for visually impaired, blind, and deaf-blind individuals utilizing existing community resources. (Amended by Stats. 1992, Ch. 759, Sec. 55. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 1. Administration [59100 - 59105] SECTION 59103. Source version: id_f7015e4d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=1. The Department of Education in relation to the California School for the Blind shall: (a) Prescribe rules for the government of the school. (b) Appoint the superintendent and other officers and employees. (c) Remove for cause any officer, teacher, or employee. (d) Fix the compensation of officers, teachers, and employees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 1. Administration [59100 - 59105] SECTION 59104. Source version: id_05caee86-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=1. (a) The Department of Human Resources shall consider making salaries for teachers, specialists, and administrators of the California School for the Blind competitive with the salaries of similarly qualified school teachers, specialists, and administrators who are employed by the encompassing school districts. (b) For purposes of this section, “teachers,” “teacher specialists,” and “administrators” mean those individuals who hold the appropriate teaching, service, or teaching and administrative credential, as appropriate, as issued by the Commission on Teacher Credentialing, as determined by the employing state agency. (Amended by Stats. 2012, Ch. 665, Sec. 11. (SB 1308) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 1. Administration [59100 - 59105] SECTION 59105. Source version: id_a7486413-94c6-11f0-b924-ab4989f102ab Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=1. (a) The department may require employees, prospective employees, volunteers, contractors, and subcontractors for the California School for the Blind, as defined in Section 59100, to undergo a fingerprint-based state and national criminal history background check. (b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 24. (SB 160) Effective September 17, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 2. Teaching Force [59110 - 59113] SECTION 59110. Source version: id_f7015e53-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=2. The superintendent of the school shall have had not less than three years’ experience in the art of teaching the blind and shall hold a credential issued by the State Board of Education authorizing him to teach in secondary schools of this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 2. Teaching Force [59110 - 59113] SECTION 59111. Source version: id_f7015e55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=2. The powers and duties of the superintendent of the school are such as are assigned by the Superintendent of Public Instruction. (Amended by Stats. 1992, Ch. 759, Sec. 56. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 2. Teaching Force [59110 - 59113] SECTION 59112. Source version: id_f70f19f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=2. There is hereby created at the California School for the Blind the position of field worker to be appointed by the superintendent of the school with the approval of the Superintendent of Public Instruction. The field worker shall be a member of the teaching staff of the California School for the Blind and shall receive a salary fixed and payable in accordance with law. The fieldworker shall visit graduates and former pupils of the school in their homes to advise them regarding the extension and continuance of their education, to assist them in securing remunerative employment, to improve their economic condition in all possible ways, and to provide them with preparatory instruction found necessary for a selected occupation. The fieldworker shall be a person who has had special training for such work. Blindness shall not be grounds to disqualify a person for this position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 2. Teaching Force [59110 - 59113] SECTION 59113. Source version: id_f70f19f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=2. The Department of Education may employ any person, otherwise qualified, who has retired for service under either the Public Employees’ Retirement System or the State Teachers’ Retirement System as a substitute in a position requiring certification qualifications at the California School for the Blind; provided, that the total of such service and any service rendered pursuant to Section 23919 shall not exceed 90 teaching days in any one fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59120. Source version: id_f70f19fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. Every blind person resident of this state, of suitable age and capacity, is entitled to an education in the California School for the Blind free of charge. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59123. Source version: id_f70f19ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. All pupils in the school shall be maintained at the expense of the state, except as provided in Sections 59121, 59124 to 59128, inclusive, and 59131. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59124. Source version: id_f70f1a01-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. The governing board of each school district of residence shall, from the general fund of the school district, pay for the transportation cost of each pupil of the district in attendance at the California School for the Blind as a day-class pupil. For determining the school district responsible under the provisions of this section for making the payment when the pupils reside in other than a unified school district, pupils 15 years of age or older as of September 1 of each fiscal year shall be considered residents of the high school district, and pupils 14 years of age or under as of September 1 shall be considered residents of the elementary district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59124.5. Source version: id_f70f1a03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. The Superintendent of Public Instruction shall allow to the California School for the Blind, an amount not to exceed three hundred eighty-nine dollars ($389) per fiscal year per unit of average daily attendance of each blind pupil attending the school as a five-day residential pupil for the purpose of providing transportation to and from the pupil’s home on weekends and school holiday periods. In no case shall the total apportionment made to the school exceed the actual total transportation expenditures of the school. The administrators of such schools shall arrange for transportation of such pupils utilizing the most practical means including, but not limited to, commercial bus, rail, or air, charter bus or private passenger vehicle. (Added by Stats. 1977, Ch. 1249.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59125. Source version: id_f710a0a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. If the parent or guardian of any pupil in the school is unable either himself or from the estate of the child to clothe the child, or pay for its transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while at the school, or is unable either himself or from the estate of the child to reimburse the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency, the parent or guardian may apply for a certificate to that effect to the superior court of the county of which the parent or guardian of the child is resident. If the court is satisfied that the parent or guardian either himself or from the estate of the child is unable to pay for any such service, it shall issue a certificate to that effect. The application for the certificate may also be made to the court by the superintendent of the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59126. Source version: id_f710a0a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. The certificate shall be presented to the superintendent of the school and the superintendent when the certificate shows the parent or guardian of the child is unable either himself or from the estate of the child to clothe the child, or pay for his transportation to and from school, or for necessary dental work, eye care, operations, and hospitalization of the child while in school, shall clothe the child and provide the transportation, dental work, eye care, operations, and hospitalization. The expense of the services, or any of them, shall be advanced by the Department of Education out of money appropriated for the support of the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59127. Source version: id_f710a0a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. All money expended under the authority of any such certificate for clothing and transportation, necessary dental work, eye care, operations and hospitalization, and all money expended by the Department of Education for expenses incurred by it in providing dental work, eye care, operations, or hospitalization for the child in an emergency for which the Department of Education cannot be reimbursed by the parent or guardian of the child as shown by the certificate, constitutes a legal charge against the county from which the certificate is issued. Expenditures for clothing and transportation shall not exceed the sum of three hundred eighty-five dollars ($385) for the 1974–75 school year, and an amount thereafter which shall be adjusted annually in conformance with the Consumer Price Index, all items, of the Bureau of Labor Statistics of the United States Department of Labor, measured for the calendar year next preceding the fiscal year to which it applies. The State Controller shall determine the amount authorized pursuant to this section for the 1975–76 school year and thereafter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59128. Source version: id_f710a0ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. Upon presentation to the county in which the certificate is issued, of an itemized claim, duly sworn to by the superintendent of the school before an officer authorized to administer oaths, for the expense for clothing, transportation, and other items provided and furnished under the authority of the certificate, or for the reimbursement of the Department of Education, the claim shall be processed and paid pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. The amount paid and all reimbursements of the Department of Education under this section shall be credited to the current appropriation for the support and maintenance of the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59129. Source version: id_f710a0ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. If it appears to the satisfaction of the court that the parent or guardian has sufficient pecuniary ability or that there are sufficient funds in the estate of the child to provide the service for the child or to reimburse the Department of Education for expenses incurred by it on providing the service for the child in an emergency, the court shall not issue the certification, but shall according to the nature of the application before it, either order the superintendent to provide the child with the service, or order the parent or guardian either himself or from the estate of the child, as the court determines, to reimburse the Department of Education for expenses incurred by it in providing the service for the child in an emergency. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59130. Source version: id_f71fe2ef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. If the Department of Education is not reimbursed by the parent or guardian personally or from the estate of the child for expenditures made by the superintendent under the order of the court or if the parent or guardian does not comply with an order of the court to reimburse the Department of Education either personally or from the estate of the child for expenses incurred by it in providing the service for the child in an emergency the superintendent may sue the parent or guardian, in the name of the state, to recover any money paid out by order of the court or due the Department of Education as reimbursement under an order of the court. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 3. Pupils [59120 - 59131] SECTION 59131. Source version: id_f71fe2f1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=3. Blind persons not residents of this state may be admitted to the benefits of the school upon paying to the Department of Education the sum of the school year cost for the maintenance, care, and instruction of persons at the school, payable quarterly in advance. The cost of the care, maintenance, and instruction shall be determined by the Department of Education with the approval of the Department of Finance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 4. Services and Courses [59140 - 59144] SECTION 59140. Source version: id_f71fe2f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=4. The Department of Education, in connection with the California School for the Blind, shall establish and maintain a kindergarten service for the care and teaching of children under school age. The department shall prescribe the rules and regulations which shall govern the conduct of the kindergarten service, appoint such teachers as it determines necessary, and fix their salaries. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 4. Services and Courses [59140 - 59144] SECTION 59141. Source version: id_fc6cd9c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=4. The Department of Education shall create the position of visiting teacher to blind children of preschool age. With the consent of the parents of any blind child of preschool age it shall be the duties of such visiting teacher to assist and instruct the parents in the early care and training of said child, to train the child in play, and to do everything which will assure the child’s physical, mental and social adjustment to its environment. The Department of Education shall maintain a sufficient number of visiting teachers to adequately serve the needs of parents of preschool blind children in accordance with the known number of such children. In any event the caseload of each visiting teacher shall not exceed a number of clients that can be adequately and fully served. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 4. Services and Courses [59140 - 59144] SECTION 59142. Source version: id_fc6e6069-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=4. The Department of Education, in addition to the teaching and education of the blind of suitable age, shall adopt measures and prescribe rules for the giving of vocational training to the pupils at the school, in order that they may be equipped upon their graduation to engage in occupations or industries by which they may become self-supporting. The board shall determine the nature and scope of the vocational training, with the view of best adapting the blind to follow useful and productive pursuits, after the completion of their education. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 4. Services and Courses [59140 - 59144] SECTION 59143. Source version: id_fc6e606b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=4. The Superintendent of Public Instruction may authorize the California School for the Blind to establish and maintain, either independently or in cooperation with the University of California or the Trustees of the California State University, teacher training courses for teachers of the blind. The Superintendent of Public Instruction shall establish standards for the admission of persons to the courses, and for the content of the courses. The California School for the Blind may enter into one or more agreements with the Trustees of the California State University, the University of California, or any other university or college accredited by the State Board of Education as a teacher training educational institution, to provide practice teaching required for issuance of the credentials authorizing the holder to teach visually impaired, blind, or deaf-blind individuals, or provide orientation and mobility instruction. The agreement or agreements may provide for a reasonable payment, for services rendered, to teachers of the California School for the Blind who have practice teachers under their direction. (Amended by Stats. 1993, Ch. 1296, Sec. 33. Effective October 11, 1993.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2. California School for the Blind [59100 - 59144] ARTICLE 4. Services and Courses [59140 - 59144] SECTION 59144. Source version: id_fc6e606d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.&article=4. The Superintendent of Public Instruction, in conjunction with the California School for the Blind, shall provide assessment and instructional planning services for individuals who are referred for those services pursuant to Section 56326. (Amended by Stats. 1992, Ch. 759, Sec. 58. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 2.5. Tuberculosis Testing in Special Schools [59150- 59150.] SECTION 59150. Source version: id_fc7f2951-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=2.5.&article= Students attending the California School for the Deaf, Northern California, California School for the Deaf, Southern California, and California School for the Blind shall be tested for exposure to tuberculosis at least once every two years. The results of these tests shall be provided to the director of the appropriate special school. The parent or guardian of the student shall be responsible for the cost, if any, of the test. (Added by Stats. 2000, Ch. 93, Sec. 2. Effective July 7, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 1. Administration [59200 - 59206] SECTION 59200. Source version: id_fc7f2957-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=1. There are three diagnostic centers, to be known and designated as Diagnostic Center, Northern California, Diagnostic Center, Central California, and Diagnostic Center, Southern California. (Amended by Stats. 1992, Ch. 759, Sec. 60. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 1. Administration [59200 - 59206] SECTION 59201. Source version: id_fc7f2959-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=1. The diagnostic centers are a part of the public school system of the state, except that they derive no revenue from the State School Fund. The diagnostic centers provide services, including pupil assessment, consultation, technical assistance, and training, to school districts, county offices of education, and special education local plan areas. (Amended by Stats. 2002, Ch. 1168, Sec. 60. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 1. Administration [59200 - 59206] SECTION 59202. Source version: id_fc7f295b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=1. The centers are under the administration of the Superintendent of Public Instruction. (Amended by Stats. 1992, Ch. 759, Sec. 62. Effective September 21, 1992.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 1. Administration [59200 - 59206] SECTION 59203. Source version: id_fc80affd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=1. The Superintendent of Public Instruction, in relation to the diagnostic centers, shall do all of the following: (a) Prescribe rules for the government of the centers. (b) Appoint the directors of the centers and other officers and employees. (c) Remove for cause any officer, teacher, or employee. (Amended by Stats. 2002, Ch. 1168, Sec. 61. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 1. Administration [59200 - 59206] SECTION 59204.5. Source version: id_fc80afff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=1. The Superintendent of Public Instruction, in connection with the diagnostic centers and in cooperation with public and private agencies, may: (a) Conduct projects designed to meet needs of those categories of disabled children selected by the Superintendent of Public Instruction. (b) Serve as a demonstration program to promote personnel development through in-service education, internships, and professional observations for education personnel, in cooperation with institutions of higher education and local education agencies. (Amended by Stats. 2002, Ch. 1168, Sec. 63. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 1. Administration [59200 - 59206] SECTION 59205. Source version: id_0fba9268-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=1. (a) The Department of Human Resources shall consider making salaries for teachers, specialists, and administrators of the Diagnostic Center, Southern California, the Diagnostic Center, Central California, and the Diagnostic Center, Northern California, competitive with the salaries of similarly qualified school teachers, specialists, and administrators who are employed by the encompassing school districts. (b) For purposes of this section, “teachers,” “teacher specialists,” and “administrators” mean those individuals who hold the appropriate teaching, service, or teaching and administrative credential, as appropriate, as issued by the Commission on Teacher Credentialing, as determined by the employing state agency. (Amended by Stats. 2012, Ch. 665, Sec. 12. (SB 1308) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 1. Administration [59200 - 59206] SECTION 59206. Source version: id_adb83005-94c6-11f0-b924-ab4989f102ab Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=1. (a) The department may require employees, prospective employees, volunteers, contractors, and subcontractors for the diagnostic centers, as defined in Section 59200, to undergo a fingerprint-based state and national criminal history background check. (b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state-and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 25. (SB 160) Effective September 17, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 2. Teaching Force [59210- 59210.] SECTION 59210. Source version: id_fc80b005-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=2. The powers and duties of the directors of the diagnostic centers are such as are assigned by the Superintendent of Public Instruction. (Amended by Stats. 2002, Ch. 1168, Sec. 64. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 3. Diagnostic Centers [59200 - 59220] ARTICLE 3. Pupils [59220- 59220.] SECTION 59220. Source version: id_fc8236a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=3.&article=3. Pupils residing within California shall be accepted by a diagnostic center pursuant to criteria adopted by the Superintendent of Public Instruction. (Repealed and added by Stats. 2002, Ch. 1168, Sec. 67. Effective September 30, 2002.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 32. STATE SPECIAL SCHOOLS AND CENTERS [59000 - 59300] CHAPTER 4. Finance [59300- 59300.] ARTICLE 1. Local Contribution [59300- 59300.] SECTION 59300. Source version: id_fc8236af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=32.&chapter=4.&article=1. Notwithstanding any provision of this part to the contrary, the district of residence of the parent or guardian of any pupil attending a state-operated school pursuant to this part, excluding day pupils, shall pay the school of attendance for each pupil an amount equal to 10 percent of the excess annual cost of education of pupils attending a state-operated school pursuant to this part. (Amended by Stats. 1981, Ch. 1093, Sec. 18.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 1. Legislative Intent [60000 - 60005] SECTION 60000. Source version: id_fc8543f7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=1. (a) It is the intent and purpose of the Legislature in enacting this part to provide for the adoption and selection of quality instructional materials for use in the elementary and secondary schools. (b) The Legislature hereby recognizes that, because of the common needs and interests of the citizens of this state and the nation, there is a need to establish broad minimum standards and general educational guidelines for the selection of instructional materials for the public schools, but that because of economic, geographic, physical, political, educational, and social diversity, specific choices about instructional materials need to be made at the local level. (c) The Legislature further recognizes that the governing boards of school districts have the responsibility to establish courses of study and that they must have the ability to choose instructional materials that are appropriate to their courses of study. (Amended by Stats. 1995, Ch. 413, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 1. Legislative Intent [60000 - 60005] SECTION 60001. Source version: id_fc8543f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=1. For the purposes of any provision of the California Constitution that requires the adoption of textbooks for use in the elementary schools, the state board shall adopt at least five separate basic instructional materials for each grade level and each subject area as required by Section 60200. (Amended by Stats. 1995, Ch. 413, Sec. 2. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 1. Legislative Intent [60000 - 60005] SECTION 60002. Source version: id_fc8543fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=1. Each district board shall provide for substantial teacher involvement in the selection of instructional materials and shall promote the involvement of parents and other members of the community in the selection of instructional materials. (Repealed and added by Stats. 1995, Ch. 413, Sec. 4. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 1. Legislative Intent [60000 - 60005] SECTION 60005. Source version: id_fc8543fd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=1. (a) The Legislature finds and declares that it is in the public interest for the State Board of Education to adopt policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials only after public notice, comment by the public, and review by the Office of Administrative Law and for these policies and procedures to be published in the California Code of Regulations. Therefore, the Legislature reaffirms that the policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. These policies and procedures include, but are not limited to, the following: (1) Board policies that define statutory terms. (2) Board policies that prescribe the membership of committees used in the development and adoption process. (3) Procedures that regulate public participation in the development of curriculum frameworks and the adoption of instructional materials. (b) The board shall adopt as regulations the policies and procedures concerning the development of curriculum frameworks and the adoption of instructional materials. (c) (1) The following shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code: (A) The content of curriculum frameworks. (B) Evaluation criteria and worksheets developed to supplement curriculum frameworks. (2) The board shall adopt the content of curriculum frameworks and evaluation criteria and worksheets developed to supplement curriculum frameworks in accordance with the regulations established pursuant to subdivision (b) of this section. (Added by Stats. 1993, Ch. 707, Sec. 1. Effective January 1, 1994. Operative January 1, 1995, by Sec. 2 of Ch. 707.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 2. Definitions [60010- 60010.] SECTION 60010. Source version: id_a1606d16-fdaa-11ea-9430-f75d521b10d0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=2. For purposes of this part, the following terms have the following meanings unless the context in which they appear clearly requires otherwise: (a) “Basic instructional materials” means instructional materials that are designed for use by pupils as a principal learning resource and that meet in organization and content the basic requirements of the intended course. (b) “Commission” means the Instructional Quality Commission. (c) “Curriculum framework” means an outline of the components of a given course of study designed to provide state direction to school districts in the provision of instructional programs. (d) “District board” means the board of education or governing board of a county, city and county, city, or other district that has the duty to provide for the education of the children in its county, city and county, city, or district. (e) “Elementary school” means all public schools in which instruction is given through grade 8 or in any one or more of those grades. (f) “Governing boards” means the state board and any one or more district boards. (g) “High school” means all public schools other than elementary schools in which instruction is given through grade 12, or in any one or more of those grades. (h) “Instructional materials” means all materials that are designed for use by pupils and their teachers as a learning resource and help pupils to acquire facts, skills, or opinions or to develop cognitive processes. Instructional materials may be printed or nonprinted, and may include textbooks, technology-based materials, other educational materials, and tests. (i) “Nonpublic school” means a school that both satisfies the requirements of Section 48222, and is exempt from taxation under Section 214 of the Revenue and Taxation Code. (j) “School official” means a member of a governing board, a city, county, city and county, or district superintendent of schools, and a principal, teacher, or other employee under their charge. (k) “State board” means the State Board of Education. (l) “Supplementary instructional materials” means instructional materials designed to serve, but not be limited to, one or more of the following purposes, for a given subject, at a given grade level: (1) To provide more complete coverage of a subject or subjects included in a given course. (2) To provide for meeting the various learning ability levels of pupils in a given age group or grade level. (3) To provide for meeting the diverse educational needs of pupils with a language disability in a given age group or grade level. (4) To provide for meeting the diverse educational needs of pupils reflective of a condition of cultural pluralism. (5) To use current, relevant technology that further engages interactive learning in the classroom and beyond. (m) (1) “Technology-based materials” means basic or supplemental instructional materials that are designed for use by pupils and teachers as learning resources and that require the availability of electronic equipment in order to be used as a learning resource. Technology-based materials include, but are not limited to, software programs, video disks, compact disks, optical disks, video and audiotapes, lesson plans, and databases. (2) Technology-based materials also includes the electronic equipment required to make use of those materials used by pupils and teachers as a learning resource, including, but not limited to, laptop computers and devices that provide internet access. (3) This subdivision does not relieve a school district of the obligation to provide pupils with sufficient textbooks or instructional materials pursuant to paragraph (1) of subdivision (c) of Section 60119. If a county office of education determines that a school district is out of compliance with paragraph (1) of subdivision (c) of Section 60119, that school district is not authorized to procure electronic equipment pursuant to paragraph (2) of this subdivision. (n) “Test” means a device used to measure the knowledge or achievement of pupils. (Amended by Stats. 2020, Ch. 110, Sec. 27. (SB 820) Effective September 18, 2020.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60040. Source version: id_971c02f8-5c92-11ee-8099-c71447addb82 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. When adopting instructional materials for use in the schools, governing boards shall include only instructional materials that, in their determination, accurately portray the cultural and racial diversity of our society, including: (a) The contributions of people of all genders in all types of roles, including professional, vocational, and executive roles. (b) The role and contributions of Native Americans, African Americans, Latino Americans, Asian Americans, Pacific Islanders, European Americans, LGBTQ+ Americans, persons with disabilities, and members of other ethnic, cultural, religious, and socioeconomic status groups to the total development of California and the United States. (c) The role and contributions of the entrepreneur and labor in the total development of California and the United States. (Amended by Stats. 2023, Ch. 229, Sec. 9. (AB 1078) Effective September 25, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60040.5. Source version: id_a4466e21-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. No later than July 1, 2025, the department shall issue guidance related to how to help school districts, county offices of education, charter schools, and school personnel manage conversations about race, ethnicity, nationality, and gender, and how to review instructional materials to ensure that they represent diverse perspectives and are culturally relevant. (Amended by Stats. 2024, Ch. 38, Sec. 82. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60041. Source version: id_36279ecb-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. When adopting instructional materials for use in the schools, governing boards shall include only instructional materials that accurately portray both of the following, whenever appropriate: (a) Humanity’s place in ecological systems and the necessity for the protection of our environment. (b) The effects on the human system of the use of tobacco, alcohol, and narcotics and restricted dangerous drugs, as defined in Section 11032 of the Health and Safety Code, and other dangerous substances. (Amended by Stats. 2005, Ch. 581, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60042. Source version: id_fc885149-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. When adopting instructional materials for use in the schools, governing boards shall require such materials as they deem necessary and proper to encourage thrift, fire prevention and the humane treatment of animals and people. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60043. Source version: id_fc88514b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. When adopting instructional materials for use in the schools, the governing board shall require, when appropriate to the comprehension of pupils, that textbooks for social science, history or civics classes contain the Declaration of Independence and the Constitution of the United States. (Amended by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60044. Source version: id_19cd75ba-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. A governing board shall not adopt any instructional materials for use in the schools that, in its determination, contain: (a) Any matter reflecting adversely upon persons on the basis of race or ethnicity, gender, religion, disability, nationality, or sexual orientation, occupation, or because of a characteristic listed in Section 220. (b) Any sectarian or denominational doctrine or propaganda contrary to law. (Amended by Stats. 2012, Ch. 162, Sec. 38. (SB 1171) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60045. Source version: id_fc88514f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. (a) All instructional materials adopted by any governing board for use in the schools shall be, to the satisfaction of the governing board, accurate, objective, and current and suited to the needs and comprehension of pupils at their respective grade levels. (b) With the exception of literature and tradebooks, all instructional materials adopted by any governing board for use in schools shall use proper grammar and spelling. The state board may adopt regulations that provide for other allowable exceptions to this subdivision for educational purposes, as determined by the state board. (Amended by Stats. 1999, Ch. 276, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60046. Source version: id_fc885151-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. Any governing board may conduct an investigation of the compliance of any instructional materials which it adopts with the requirements of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60047. Source version: id_fc89d7f3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. In the event that after the good faith acquisition of instructional materials by a governing board, the instructional materials are found to be in violation of this article and the governing board is unable to acquire other instructional materials which meet the requirements of this article in time for them to be used when the acquired materials were planned to be used, the governing board may use the acquired materials but only for that academic year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60048. Source version: id_fc89d7f5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. (a) Basic instructional materials, and other instructional materials required to be legally and socially compliant pursuant to Sections 60040 to 60047, inclusive, including illustrations, that provide any exposure to a commercial brand name, product, or corporate or company logo in a manner that is inconsistent with guidelines or frameworks adopted by the State Board of Education may not be adopted by a school district governing board. (b) The governing board of a school district may not adopt basic instructional materials, and other instructional materials required to be legally and socially compliant pursuant to Sections 60040 to 60047, inclusive, including illustrations, that contain a commercial brand name, product, or corporate or company logo unless the governing board makes a specific finding pursuant to the criteria set forth in paragraph (5) of subdivision (c) of Section 60200 that the use of the commercial brand name, product, or corporate or company logo in the instructional materials is appropriate. (c) Nothing in this section shall be construed to prohibit the publisher of instructional materials to include whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third party sources of content. (d) The state board may adopt regulations that provide for other allowable exceptions to this section, as determined by the state board. (e) The Superintendent of Public Instruction shall develop, and the State Board of Education shall adopt, guidelines to implement this section. (Added by Stats. 1999, Ch. 276, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 3. Requirements, Materials [60040 - 60052] SECTION 60052. Source version: id_5991498c-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=3. When adopting instructional materials for use in schools, the governing board of a school district may include relevant technology-based materials, as defined in subdivision (m) of Section 60010, if the materials are both available and comparable to other, equivalent instructional materials, as defined in subdivision (h) of Section 60010. (Added by Stats. 2010, Ch. 269, Sec. 2. (AB 2694) Effective January 1, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 4. Requirements, Publishers and Manufacturers [60060 - 60063.5] SECTION 60060. Source version: id_fc89d7f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=4. Every publisher or manufacturer of instructional materials offered for adoption or sale in California shall comply with all the requirements and provisions of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 4. Requirements, Publishers and Manufacturers [60060 - 60063.5] SECTION 60061. Source version: id_1bc5042a-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=4. (a) A publisher or manufacturer shall do all of the following: (1) Furnish the instructional materials offered by the publisher at a price in this state that, including all costs of transportation to that place, does not exceed the lowest price at which the publisher offers those same instructional materials for adoption or sale to any other state within, or territory of, the United States. (2) Automatically reduce the price of those instructional materials to any governing board to the extent that reductions are made in another state within, or territory of, the United States. (3) Provide any instructional materials free of charge in this state to the same extent as that received by any state or school district in the United States. (4) Guarantee that all copies of any instructional materials sold in this state are at least equal in quality to the copies of those instructional materials that are sold elsewhere in the United States, and are kept revised, free from all errors, and up to date as may be required by the state board. (5) Not in any way, directly or indirectly, become associated or connected with any combination in restraint of trade in instructional materials, or enter into any understanding, agreement, or combination to control prices or restrict competition in the sale of instructional materials for use in this state. (6) Maintain a representative, office, or depository in the State of California or arrange with an independently owned and operated depository in the State of California to receive and fill orders for instructional materials. (7) Provide to the state, at no cost, computer files or other electronic versions of each state-adopted literary title and the right to transcribe, reproduce, modify, and distribute the material in braille, large print if the publisher does not offer a large print edition, recordings, American Sign Language videos for the deaf, or other specialized accessible media exclusively for use by pupils with visual disabilities or other disabilities that prevent use of standard instructional materials. Computer files or other electronic versions of materials adopted shall be provided within 30 days of request by the state as needed for the purposes described in this subdivision as follows: (A) Computer files or other electronic versions of literary titles shall maintain the structural integrity of the standard instructional materials, be compatible with commonly used braille translation and speech synthesis software, and include corrections and revisions as may be necessary. (B) Computer files or other electronic versions of nonliterary titles, including science and mathematics, shall be provided when technology is available to convert those materials to a format that maintains the structural integrity of the standard instructional materials and is compatible with braille translation and speech synthesis software. (b) Upon the willful failure of the publisher or manufacturer to comply with the requirements of this section, the publisher or manufacturer shall be liable to the governing board in the amount of three times the total sum that the publisher or manufacturer was paid in excess of the price required under paragraphs (1), (2), and (5) of subdivision (a), and in the amount of three times the total value of the instructional materials and services that the governing board is entitled to receive free of charge under subdivision (a). (c) Nothing in this section shall be construed to restrict the ability of a school district, county office of education, or charter school within California to negotiate the price of standards-aligned instructional materials and supplemental instructional materials in either a printed or digital format if the negotiated price complies with paragraphs (1) and (2) of subdivision (a). (Amended by Stats. 2013, Ch. 174, Sec. 1. (SB 185) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 4. Requirements, Publishers and Manufacturers [60060 - 60063.5] SECTION 60061.5. Source version: id_fc8b5e9d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=4. A publisher or manufacturer shall do all of the following: (a) Actively solicit or make available a process through which input concerning the quality, content, and usability of textbooks and instructional materials can be obtained from educators, parents, teachers, and students. Upon request of a district governing board a publisher shall provide a summation of that information including both positive and critical input and their responses to the positive and critical input. (b) Guarantee delivery of textbooks and instructional materials prior to the opening of school in the year in which the textbooks and instructional materials are to be used if they are ordered by a date or dates specified in the contract with the district. (Added by Stats. 1986, Ch. 1482, Sec. 1. Effective September 30, 1986.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 4. Requirements, Publishers and Manufacturers [60060 - 60063.5] SECTION 60061.8. Source version: id_402953f0-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=4. (a) Basic instructional materials, as defined by Section 60010, offered on or after January 1, 2005, shall comply with all of the following: (1) Print materials shall have sharp, clear, high contrast, and highly legible fonts. Print materials designed for kindergarten shall use fonts that are at least 20 point. Print materials designed for grade 1 shall use fonts that are at least 18 point. Print materials designed for grade 2 shall use fonts that are at least 16 point. (2) Video products designed for pupils in kindergarten and grades 1 to 12, inclusive, shall be closed-captioned, as defined by the Federal Communications Commission, except for the following: (A) Video products or portions of video products, if any, for which the publisher does not have the rights to close-caption. (B) Video products or portions of video products that are open-captioned, meaning that all viewers see the captioned information. (3) (A) Internet resources and digital multimedia programs intended for use by the general population of pupils, for pupils in kindergarten and grades 1 to 12, inclusive, shall at least meet the standards for accessibility, as set forth in Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations, unless meeting those standards would do any of the following: (i) Fundamentally alter the nature of the instructional activity. (ii) Result in those resources or programs placing an undue financial and administrative burden on the state agencies, school districts, or schools that would likely access or utilize the resources or programs, as determined by the affected agencies in collaboration with the publishers. (iii) Cause those resources or programs to fail to meet standards otherwise required by statute or regulation. (B) In order to facilitate access by pupils with disabilities who are progressing in the general curriculum, to the extent technologically feasible, a digital multimedia program shall allow the user to control sizing of images and fonts, speed and volume of audio, colors or contrast, or both colors and contrast, and other inherently transformable attributes, but not for modification of content, to match individual performance and abilities. If a publisher is not able to create a multimedia program that satisfies the requirements of this subparagraph, the publisher shall provide the State Department of Education, upon request, with computer files or other electronic versions of textual content of basic instructional materials compatible with braille transcription, meeting department specifications at no additional cost, and as a condition of sale. (b) This section does not apply to basic instructional materials adopted, prior to January 1, 2005, by the state board pursuant to Section 60200, to the extent those instructional materials do not already comply with this section. A publisher of basic instructional materials adopted before January 1, 2005, may voluntarily modify those materials as may be necessary to comply with this section. (Amended by Stats. 2004, Ch. 183, Sec. 78. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 4. Requirements, Publishers and Manufacturers [60060 - 60063.5] SECTION 60062. Source version: id_fc8b5ea1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=4. The provisions of Section 60061 shall apply to the purchase of instructional materials under Sections 18132 and 18171. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 4. Requirements, Publishers and Manufacturers [60060 - 60063.5] SECTION 60063. Source version: id_99ef360c-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=4. (a) A publisher or manufacturer that submits a printed instructional material for adoption by the state board pursuant to Section 60200 or the governing board of a school district pursuant to Section 60400, or for use by the governing board of a school district pursuant to Section 60210, on or after January 1, 2014, shall ensure that the printed instructional material is also available in an equivalent digital format during the entire term of the adoption. (b) The equivalent digital format of a printed instructional material shall conform to the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines adopted by the World Wide Web Consortium for accessibility. (Added by Stats. 2013, Ch. 157, Sec. 1. (AB 133) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 4. Requirements, Publishers and Manufacturers [60060 - 60063.5] SECTION 60063.5. Source version: id_9cc9cd4e-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=4. (a) Instructional materials or supplemental instructional materials that are consistent with the requirements of Section 60119 shall be offered by a publisher or manufacturer as unbundled elements to enable digital materials or printed materials to be purchased separately from other components. (b) Without violating any copyright law or contract between a school district and a publisher or manufacturer, a school district may use instructional materials in digital format that were purchased by the school district to create a districtwide online digital database for classroom use consistent with an online security system that is mutually agreed on by the publisher and the school district. (Added by Stats. 2013, Ch. 174, Sec. 2. (SB 185) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 5. Prohibited Acts [60070 - 60076] SECTION 60070. Source version: id_fc8ce545-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=5. No school official shall require any pupil, except pupils in classes for adults to purchase any instructional material for the pupils’ use in the school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 5. Prohibited Acts [60070 - 60076] SECTION 60071. Source version: id_fc8ce547-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=5. No publisher or manufacturer of instructional materials, nor any of his representatives, shall offer or give any emolument, money, or other valuable thing, or any inducement, to any school official to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 5. Prohibited Acts [60070 - 60076] SECTION 60072. Source version: id_fc8ce549-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=5. No school official shall accept any emolument, money or other valuable thing, or any inducement to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 5. Prohibited Acts [60070 - 60076] SECTION 60073. Source version: id_fc8ce54b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=5. Any publisher or manufacturer of instructional materials or his representative, or any school official who violates any of the provisions of this article is guilty of a misdemeanor. Any school official who violates any of the provisions of this article shall, in addition to any other penalty, be removed from his official position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 5. Prohibited Acts [60070 - 60076] SECTION 60074. Source version: id_fc8e6bed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=5. Nothing in this article shall be construed to prevent any publisher, manufacturer, or agent from supplying for purposes of examination necessary sample copies of instructional materials to any school official. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 5. Prohibited Acts [60070 - 60076] SECTION 60075. Source version: id_fc8e6bef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=5. Nothing in this article shall be construed to prevent a school official from receiving sample copies of instructional materials. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 5. Prohibited Acts [60070 - 60076] SECTION 60076. Source version: id_fc8e6bf1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=5. Nothing contained in this article shall be construed to prohibit or restrict a school official from receiving royalties or other compensation from the publisher or manufacturer of instructional materials written, designed, or prepared by such school official, and adopted or purchased by any governing board, other than compensation paid as commission to the school official for negotiating sales to governing boards. No district shall have or claim the right to receive any such royalty or other compensation due to any school official employed by the district unless the instructional material was written or prepared during the normal schoolday during which the school official is required by the district to be on duty. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 6. Reports [60090- 60090.] SECTION 60090. Source version: id_fc8e6bf5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=6. Each district board shall make reports, whenever required, directly to the Superintendent of Public Instruction, concerning the instructional materials used in its schools. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 7. Public Hearings, Instructional Materials [60119- 60119.] SECTION 60119. Source version: id_9e34b91a-5c92-11ee-8099-c71447addb82 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=7. (a) In order to be eligible to receive funds available for purposes of this article, the governing board of a school district shall take the following actions: (1) (A) The governing board of a school district shall hold a public hearing or hearings at which the governing board shall encourage participation by parents, teachers, members of the community interested in the affairs of the school district, and bargaining unit leaders, and shall make a determination, through a resolution, as to whether each pupil in each school in the school district has sufficient textbooks or instructional materials, or both, that are aligned to the content standards adopted by the state board in each of the following subjects, as appropriate, that are consistent with the content and cycles of the curriculum framework adopted by the state board: (i) Mathematics. (ii) Science. (iii) History-social science. (iv) English language arts, including the English language development component of an adopted program. (B) The public hearing shall take place on or before the end of the eighth week from the first day pupils attend school for that year. A school district that operates schools on a multitrack, year-round calendar shall hold the hearing on or before the end of the eighth week from the first day pupils attend school for that year on any tracks that begin a school year in August or September. (C) As part of the hearing required pursuant to this section, the governing board of a school district also shall make a written determination as to whether each pupil enrolled in a world language or health course has sufficient textbooks or instructional materials that are consistent with the content and cycles of the curriculum frameworks adopted by the state board for those subjects. The governing board of a school district also shall determine the availability of laboratory science equipment as applicable to science laboratory courses offered in grades 9 to 12, inclusive. The provision of the textbooks, instructional materials, or science equipment specified in this subparagraph is not a condition of receipt of funds provided by this subdivision. (2) (A) If the governing board of a school district determines that there are insufficient textbooks or instructional materials, or both, the governing board shall provide information to classroom teachers and to the public setting forth, in the resolution, for each school in which an insufficiency exists, the percentage of pupils who lack sufficient standards-aligned textbooks or instructional materials in each subject area and the reasons that each pupil does not have sufficient textbooks or instructional materials, or both, and take any action, except an action that would require reimbursement by the Commission on State Mandates, to ensure that each pupil has sufficient textbooks or instructional materials, or both, within two months of the beginning of the school year in which the determination is made. The governing board shall submit a copy of the resolution to the county superintendent of schools no later than three business days after the governing board hearing. (B) In carrying out subparagraph (A), the governing board of a school district may use moneys in any of the following funds: (i) Any funds available for textbooks or instructional materials, or both, from categorical programs, including any funds allocated to school districts that have been appropriated in the annual Budget Act. (ii) Any funds of the school district that are in excess of the amount available for each pupil during the prior fiscal year to purchase textbooks or instructional materials, or both. (iii) Any other funds available to the school district for textbooks or instructional materials, or both. (b) The governing board of a school district shall provide 10 days’ notice of the public hearing or hearings set forth in subdivision (a). The notice shall contain the time, place, and purpose of the hearing and shall be posted in three public places in the school district. The hearing shall be held at a time that will encourage the attendance of teachers and parents and guardians of pupils who attend the schools in the school district and shall not take place during or immediately following school hours. (c) (1) For purposes of this section, “sufficient textbooks or instructional materials” means that each pupil, including English learners, has a standards-aligned textbook or instructional materials, or both, to use in class and to take home. This paragraph does not require two sets of textbooks or instructional materials for each pupil. The materials may be in a digital format as long as each pupil, at a minimum, has and can access the same materials in the class and to take home, as all other pupils in the same class or course in the school district and has the ability to use and access them at home. (2) Sufficient textbooks or instructional materials as defined in paragraph (1) do not include photocopied sheets from only a portion of a textbook or instructional materials copied to address a shortage. (d) The governing board of a school district that receives funds for instructional materials from any state source is subject to the requirements of this section. (e) For the purpose of transitioning to instructional materials that are aligned with the common core academic content standards and science content standards, it is the intent of the Legislature that textbooks, instructional materials, and supplemental instructional materials be deemed to be aligned with the content standards pursuant to subdivisions (a) and (c), and be deemed consistent with the content and cycles of the curriculum framework adopted by the state board pursuant to subdivision (a) if the textbooks, instructional materials, supplemental instructional materials, or a combination of any such materials are aligned to the content standards adopted pursuant to Section 60605 or 60605.8, or former Section 60605.85, as that section read on June 30, 2014. (Amended by Stats. 2023, Ch. 229, Sec. 11. (AB 1078) Effective September 25, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 8. Fiscal Penalty [60150 - 60152] SECTION 60150. Source version: id_aaf9f9d3-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=8. (a) If the Superintendent determines that a school district has not provided sufficient textbooks or instructional materials pursuant to clause (i) of subparagraph (B) of paragraph (5) of subdivision (i) of Section 1240 or subdivision (d) of Section 35186, the department shall take all remedial actions described in subparagraph (B) of paragraph (5) of subdivision (i) of Section 1240, including purchasing textbooks and instructional materials. (b) (1) A school district that the Superintendent determines has not provided sufficient textbooks or instructional materials pursuant to subdivision (a) shall be assessed a financial penalty equal to the amount of funding the school district would have received for the 2012–13 fiscal year for the Instructional Materials Block Grant pursuant to Item 6110-189-0001 of Section 2.00 of the Budget Act of 2012, prior to the reduction pursuant to Section 12.42 of the Budget Act of 2012, as adjusted annually for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the 2013–14 fiscal year through the fiscal year in which the school district was determined to have failed to provide sufficient textbooks or instructional materials. (2) The financial penalty applied pursuant to paragraph (1) shall be a reduction to the principal apportionment made to the school district for the applicable fiscal year pursuant to Section 41330, 41332, or 41335, as applicable. However, a reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution. (Amended by Stats. 2024, Ch. 38, Sec. 83. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 8. Fiscal Penalty [60150 - 60152] SECTION 60151. Source version: id_3b7bd6ac-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=8. (a) (1) If the Superintendent determines, pursuant to a complaint filed with the Superintendent directly or an appeal of a local educational agency decision regarding a complaint, that a local educational agency violated subdivision (a) of Section 244, the department shall notify the local educational agency that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance. (2) The department, pursuant to the notification made to a local educational agency described in paragraph (1), may require specified corrective action be taken by the local educational agency, including, but not limited to, any of the following: (A) Obtaining technical assistance from the Office of Civil Rights pursuant to Section 33802. (B) Requiring the local educational agency to engage in regular reporting to the Office of Civil Rights and to use alternative instructional materials. (C) (i) Require the local educational agency, in consultation with the Office of Civil Rights, to develop and implement an improvement plan to address discrimination and bias at its schoolsites. (ii) If a violation involves antisemitism, the improvement plan pursuant to clause (i) shall be created in consultation with the Antisemitism Prevention Coordinator established pursuant to Section 33803.1. (3) Notwithstanding Section 60047, if instructional materials are found to violate subdivision (a) of Section 244, those instructional materials shall immediately and permanently be omitted from the all course materials and shall not be used in any current course offerings or any subsequent course offerings. (4) Corrective action required pursuant to this subdivision shall be implemented as soon as possible and no later than the beginning of the next school year. (b) A local educational agency that the Superintendent determines violated subdivision (a) of Section 244 shall be assessed a financial penalty against its total principal apportionment funding for the applicable fiscal year made to the local educational agency pursuant to Sections 41330, 41332, and 41335, as applicable. The amount withheld shall not exceed the local educational agency’s total expenditures on the textbooks, instructional materials, supplemental instructional materials, or curriculum found to violate subdivision (a) of Section 244. A reduction pursuant to this subdivision shall not reduce the final apportionment below the amount necessary to meet the requirements of both Section 6 of Article IX of the California Constitution, as specified in Section 41975, and Section 36 of Article XIII of the California Constitution. (Amended by Stats. 2025, Ch. 428, Sec. 9. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 1. Instructional Materials [60000 - 60152] ARTICLE 8. Fiscal Penalty [60150 - 60152] SECTION 60152. Source version: id_7019422c-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=1.&article=8. (a) If a local educational agency or the Superintendent determines that, pursuant to a complaint filed directly with the Superintendent or on appeal of a local educational agency’s decision regarding a complaint, an organization contracted to provide any textbook, instructional material, professional development material, supplemental instructional material, or curriculum violates subdivision (a) of Section 244, the local educational agency or the Superintendent shall notify the organization that it must take corrective action. If corrective action is not taken within 60 days, the department may use any means authorized by law to effect compliance. (b) An organization that contracts to provide a textbook, instructional material, professional development material, supplemental instructional material, or curriculum that the local educational agency or the Superintendent determines to be a violation of subdivision (a) of Section 244 shall do both of the following: (1) Reimburse all funds received for their services from the local educational agency. (2) (A) Disclose the determination that they have been found in violation of the state’s antidiscrimination laws by notifying every local educational agency that they are contracted with to provide services for and as part of any proposal to contract their services with a local educational agency. (B) The disclosure made pursuant to subparagraph (A) shall conspicuously display hyperlinks to the published documentation of the determination from the local educational agency or the Superintendent that the organization violated subdivision (a) of Section 244. (c) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2025, Ch. 428, Sec. 10. (AB 715) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 10. California Longitudinal Pupil Achievement Data System [60900 - 60902] SECTION 60900. Source version: id_b4a60507-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=10.&article= (a) The department shall contract for the development of proposals that will provide for the retention and analysis of longitudinal pupil achievement data on the tests administered pursuant to Chapter 5 (commencing with Section 60600) and Chapter 7 (commencing with Section 60810). The longitudinal data shall be known as the California Longitudinal Pupil Achievement Data System. (b) The proposals developed pursuant to subdivision (a) shall evaluate and determine whether it would be most effective, from a fiscal and a technological perspective, for the state to own the system. The proposals shall additionally evaluate and determine the most effective means of housing the system. (c) The California Longitudinal Pupil Achievement Data System shall be developed and implemented in accordance with all state rules and regulations governing information technology projects. (d) The system or systems developed pursuant to this section shall be used to accomplish all of the following goals: (1) To provide school districts and the department access to data necessary to comply with federal reporting requirements delineated in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.). (2) To provide a better means of evaluating educational progress and investments over time. (3) To provide local educational agencies with the data needed to improve pupil achievement, including college and career readiness. (4) To provide an efficient, flexible, and secure means of maintaining longitudinal statewide pupil level data between and among the state’s educational segments and operational tools, as defined in Section 10861, including, but not limited to, all of the following: (A) Pupil level data from all grade levels, including transitional kindergarten programs, as described in Section 48000, that shall be collected separately from kindergarten pupil data, in elementary and secondary schools, including, but not limited to, juvenile court schools, alternative schools, continuation schools, special education schools, and adult educational programs offering a high school diploma or equivalency. (B) Pupil level data collected in detention and nondetention settings. (C) Pupil level data to postsecondary educational institutions and the Student Aid Commission. (5) To facilitate the ability of the state to publicly report data, as specified in Section 6401(e)(2)(D) of the federal America COMPETES Act (20 U.S.C. Sec. 9871) and as required by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5). (6) To ensure that any data access provided to researchers, as required pursuant to the federal Race to the Top regulations and guidelines is provided, only to the extent that the data access is in compliance with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g). (e) In order to comply with federal law as delineated in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the local educational agency shall retain individual pupil records for each test taker, including all of the following: (1) All demographic data collected from the California Assessment of Student Performance and Progress (CAASPP) and English language development tests. (2) Pupil achievement data from assessments administered pursuant to the CAASPP and English language development testing programs. To the extent feasible, data should include subscore data within each content area. (3) A unique pupil identification number, to be identical to the pupil identifier developed pursuant to the California School Information Services, that shall be retained by each local educational agency and used to ensure the accuracy of information on the header sheets of the CAASPP tests and the English language development test. (4) All data necessary to compile reports required by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), including, but not limited to, dropout and graduation rates. (5) Other data elements deemed necessary by the Superintendent, with the approval of the state board, to comply with the federal reporting requirements delineated in the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), and the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), after review and comment by the advisory board convened pursuant to subdivision (j). Before the implementation of this paragraph with respect to adding data elements to the California Longitudinal Pupil Achievement Data System for the purpose of complying with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the department and the appropriate postsecondary educational agencies shall submit an expenditure plan to the Department of Finance detailing any administrative costs to the department and costs to any local educational agency, if applicable. The Department of Finance shall provide to the Joint Legislative Budget Committee a copy of the expenditure plan within 10 days of receipt of the expenditure plan from the department. (6) To enable the department, the University of California, the California State University, and the Chancellor of the California Community Colleges to meet the requirements prescribed by the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5), these entities shall be authorized to obtain quarterly wage data, commencing July 1, 2010, on students who have attended their respective systems, to assess the impact of education on the employment and earnings of those students, to conduct the annual analysis of district-level and individual district or postsecondary education system performance in achieving priority educational outcomes, and to submit the required reports to the Legislature and the Governor. The information shall be provided to the extent permitted by federal statutes and regulations. (f) To accomplish the goals and requirements set forth in subdivisions (d) and (e), local educational agencies shall do all of the following: (1) Submit data to the department according to the processes and timelines established by the department. (2) After any schoolsite closure, inform the department of the schoolsite closure within 10 business days of the last day that pupils were no longer enrolled at the schoolsite. (3) Submit grades 9 to 12, inclusive, pupil transcript information to the California College Guidance Initiative, as authorized pursuant to Section 60900.5, according to processes and timelines established by the California College Guidance Initiative in the format approved by the Superintendent. In complying with this paragraph, the duties of local educational agencies shall include, but are not limited to, all of the following: (A) Including in their parent notifications, as required by the federal Family Education Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), a distinct notification that data may be shared with the California College Guidance Initiative in order to do both of the following: (i) Provide pupils and their families with direct access to online tools and resources for college and career planning. (ii) Enable a pupil to transmit information shared with the California College Guidance Initiative to both of the following: (I) Institutions of higher education for purposes of admissions and academic placement. (II) The Student Aid Commission for purposes of determining eligibility for, and increasing uptake of, student financial aid. (B) Entering into a data sharing agreement with the California College Guidance Initiative on or before January 1, 2026. These agreements shall not be subject to the requirements of Section 49073.1. (C) Providing, on or before June 30, 2026, the California College Guidance Initiative with initial data files, pursuant to the California High School Transcript and Student Record Portability Standard, as acknowledged by the Office of Cradle-to-Career Data, and the accompanying data file specifications. (D) Completing the steps necessary to provide transcript-informed accounts to all pupils in any of grades 9 to 12, inclusive. (E) Providing data files or authorizing the California College Guidance Initiative to access data pursuant to this paragraph as follows: (i) In a manner as agreed to between the California College Guidance Initiative and the local educational agency. (ii) To confirm completed courses, final grades, and graduation dates of pupils, in a format and as determined by the California College Guidance Initiative, for purposes of admissions to the California State University and the University of California. (iii) Through either an application programming interface or a secure file transfer protocol. (g) On or before June 30, 2026, using reports on CaliforniaColleges.edu and technical assistance from the California College Guidance Initiative, local educational agencies shall ensure that data needed to verify course eligibility to fulfill the A–G admissions requirements of the University of California and the California State University is accurate and up to date. This includes, but is not limited to, all of the following: (1) Confirming that each course is properly coded and registered in the University of California A–G course management portal at the office of the President of the University of California. (2) Ensuring that pupils transferring from local educational agencies get full credit for prior A–G coursework by complying with the California High School Transcript and Student Record Portability Standard, as acknowledged by the Office of Cradle-to-Career Data. (3) Maintaining at least a 90 percent rate of alignment between A–G coursework, as listed in the local pupil information system, and how those courses are registered in the University of California A–G course management portal at the office of the President at the University of California. (4) Ensuring that dual enrollment courses are flagged based on the California High School Transcript and Student Record Portability Standard, developed by the department pursuant to subdivision (c) of Section 60900.5. (h) The California Longitudinal Pupil Achievement Data System shall have all of the following characteristics: (1) The ability to sort by demographic element collected from the CAASPP tests and English language development test. (2) The capability to be expanded to include pupil achievement data from multiple years. (3) The capability to monitor pupil achievement on the CAASPP tests and English language development test from year to year and school to school. (4) The capacity to provide data to the state and local educational agencies upon their request. (5) The capability to provide data to support individual pupil accounts, as described in paragraph (1) of subdivision (b) of Section 60900.5. (i) Data elements and codes included in the system shall comply with Sections 49061 to 49079, inclusive, and Sections 49602 and 56347, with Sections 430 to 438, inclusive, of Title 5 of the California Code of Regulations, with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), and with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), Section 1232h of Title 20 of the United States Code, and related federal regulations. (j) The department shall convene an advisory board consisting of representatives or designees from the state board, the Department of Finance, the State Privacy Ombudsman, the Legislative Analyst’s Office, representatives of parent groups, school districts, and local educational agencies, and education researchers to establish privacy and access protocols, provide general guidance, and make recommendations relative to data elements. The department is encouraged to seek representation broadly reflective of the general public of California. (k) This section shall be implemented using federal funds received pursuant to the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), which are appropriated for purposes of this section in Item 6110-113-0890 of Section 2.00 of the Budget Act of 2002 (Chapter 379 of the Statutes of 2002). The release of these funds is contingent on approval of an expenditure plan by the Department of Finance. (l) For purposes of this chapter, a local educational agency shall include a county office of education, a school district, and a charter school. (Amended by Stats. 2024, Ch. 38, Sec. 87. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 10. California Longitudinal Pupil Achievement Data System [60900 - 60902] SECTION 60900.1. Source version: id_43c13d7e-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=10.&article= (a) (1) The department shall publicly report on an annual basis on its internet website enrollment data by English language acquisition status and disability. (2) As used in paragraph (1), disability shall include reporting on each of the following categories: (A) Intellectual disability. (B) Hard of hearing. (C) Deafness. (D) Speech or language impairment. (E) Visual impairment. (F) Emotional disturbance. (G) Orthopedic impairment. (H) Other health impairment. (I) Deaf-blindness. (J) Multiple disability. (K) Autism. (L) Traumatic brain injury. (M) Specific learning disability. (b) The department shall, on an annual basis, include a report on its internet website that allows the public to view the following assessment data by English language acquisition status: (1) California Assessment of Student Performance and Progress test results by English language arts, mathematics, and science. (2) English Language Proficiency Assessments for California. (c) For purposes of this section, “English language acquisition status” includes, but is not limited to, separately reporting data for all of the following: (1) Long-term English learners, as defined in Section 313.1. (2) English learners at risk of becoming long-term English learners, as defined in Section 313.1. (3) English learners. (4) Reclassified fluent English proficient pupils. (Added by Stats. 2022, Ch. 907, Sec. 1. (AB 1868) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 10. California Longitudinal Pupil Achievement Data System [60900 - 60902] SECTION 60900.2. Source version: id_3d9ef5dd-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=10.&article= (a) On or before January 1, 2025, the department shall include a report on its internet website that allows the public to view statewide-level four- and five-year cohort graduation rates for pupils who are individuals with exceptional needs, disaggregated by the identified disability or disabilities, as listed in Section 300.8(a)(1) of Title 34 of the Code of Federal Regulations. (b) For purposes of this section, a pupil who is an individual with exceptional needs shall have the same meaning as “child with a disability” as that phrase is defined in Section 300.8(a)(1) of Title 34 of the Code of Federal Regulations. (c) The implementation of this section shall be contingent upon an appropriation for these purposes in the annual Budget Act or another statute. (Added by Stats. 2023, Ch. 576, Sec. 1. (AB 1340) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 10. California Longitudinal Pupil Achievement Data System [60900 - 60902] SECTION 60900.5. Source version: id_28d506cc-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=10.&article= (a) The California College Guidance Initiative (CCGI), as defined in Section 10861, is hereby authorized to provide its services to all local educational agencies. (b) In furtherance of paragraph (5) of subdivision (b) of Section 10867, the department shall enter into a memorandum of understanding with the CCGI, as authorized in subdivision (a), to accomplish all of the following: (1) Share pupil course level data to inform individual pupil accounts on the operational tools. (2) Collect additional data elements to ensure proper functioning and to incentivize use of the operational tools. (3) Share pupil level data with the Student Aid Commission, postsecondary educational institutions, and programs that support college and career planning, application, and transition, as permitted under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (4) Notwithstanding subdivision (g) of Section 10860 and subdivision (c) of Section 10863, fully effectuate the intent of the California Cradle-to-Career Data System Act pursuant to Chapter 8.5 (commencing with Section 10850) of Part 7 of Division 1 of Title 1. (c) The department, the California State University, the University of California, the California Community Colleges, and the Student Aid Commission shall promote the California High School Transcript and Student Record Portability Standard, which is maintained in a repository of data standards at the Office of Cradle-to-Career Data and managed by the CCGI for use by all local educational agencies that serve pupils in grades 9 to 12, inclusive, to support uniformity of electronic student transcript data. (d) The department shall provide guidance to local educational agencies through CalPADS to clarify data standards and promote best practices. (e) The department shall refer local educational agencies to CCGI for technical assistance for both of the following: (1) Reconciling discrepancies between A–G coursework, as listed in their local pupil information system, and how those courses are registered in the University of California Course Management Portal at the office of the President of the University of California, or a successor A–G course management portal. (2) Ensuring that dual enrollment courses are flagged in the data files submitted to CCGI, as required by paragraph (3) of subdivision (f) of Section 60900, based on the California High School Transcript and Student Record Portability Standard and its associated data specifications pursuant to paragraph (4) of subdivision (g) of Section 60900. (f) The department shall inform local educational agencies of the additional use of data submitted to CCGI pursuant to paragraph (3) of subdivision (f) of Section 60900, and advise local educational agencies to include in their annual parent notifications, as required by the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), that the data will: (1) Be shared with the CCGI. (2) Be used to provide pupils and families with direct access to online tools and resources. (3) Enable a pupil to transmit information shared with the CCGI to both of the following: (A) Postsecondary educational institutions for purposes of admissions and academic placement. (B) The Student Aid Commission for purposes of determining eligibility for, and increasing uptake of, student financial aid. (g) The Legislature finds and declares its intent that the CCGI, upon full implementation and ongoing administration of this section, provide all of the following services: (1) A free college and career planning curriculum and internet website for grades 6 to 12, inclusive, designed to provide touch points three to six times per year. (2) Financial aid curriculum for grades 9 to 12, inclusive, and developed in consultation with the Student Aid Commission. (3) Support to local educational agencies to plan for and monitor use of planning tools and curriculum. (4) Tools to enable pupils and their families to determine if they are on track to meet college qualifications, based on their individual goals, and to allow authorized secondary school counselors to view the progress of individual pupils on meeting California State University and University of California eligibility requirements. (5) Validation of data relating to A–G admission requirements for all coursework, including, but not limited to, dual enrollment coursework, in local pupil information systems that is flagged with respect to the University of California Course Management Portal. (6) Technical assistance to local educational agencies on data cleanup processes. (7) Providing statewide pupil identification numbers to the California Community Colleges, the California State University, the University of California, and the Student Aid Commission so that information stored in local systems will improve matches for research purposes and the California Cradle-to-Career Data System. (8) Transcripts processed in near real time with the California Community Colleges, the California State University, the University of California, and the Student Aid Commission, using an application programming interface. (9) Inform the California Community Colleges, the California State University, and the University of California of high school pupils’ demographic and program participation information, including, but not limited to, whether they are a first-generation college student, homeless, migrant, or economically disadvantaged. (10) Provide information and data on race or ethnicity, grade point average, high school graduation status, pupil and parent contact information, and where pupils applied to college to the Student Aid Commission through a faster application programming interface format and pursuant to a memorandum of understanding. This process shall only go into effect after data-sharing agreements have been established pursuant to subparagraph (B) of paragraph (3) of subdivision (f) of Section 60900 between all California local educational agencies and the California College Guidance Initiative, and the California College Guidance Initiative has received complete data files from all local educational agencies pursuant to paragraph (3) of subdivision (f) of Section 60900. (11) Prepopulation of California Community Colleges, California State University, and University of California application fields related to statewide pupil identification numbers, transcript data, demographic information, and other data elements that can reduce barriers for pupils. (12) Development of new planning tools related to career and technical education pathways, apprenticeships, transfer options, and regional labor markets. (h) The scaling of the CCGI is further intended to address all of the following problems and state needs: (1) Reduce equity gaps in college-going rates by ensuring that all pupils and their families have the information needed to develop college and career plans, starting in grade 6, and to secure financial aid. (2) Enable secondary school counselors to monitor where pupils are applying and support them to complete applications. (3) Identify secondary school courses that are incorrectly flagged as fulfilling California State University and University of California eligibility requirements compared to the University of California Course Management Portal. (4) Reduce structural barriers by allowing pupils to launch college and financial aid applications from a single location, using one set of log on credentials. (5) Ensure that pupils can easily and quickly transmit academic records to public postsecondary educational institutions when applying for admission. (6) Share additional information with the Student Aid Commission to validate and reduce the time to determine eligibility for Cal Grant awards. (7) Reduce the administrative burden on local educational agencies and colleges to transmit and validate records. (8) Strengthen data that can be used to match pupil records. (i) On or before September 1, 2022, and on or before September 1 of each year thereafter, the Riverside County Office of Education, in collaboration with the department, shall report to the Director of Finance and the Joint Legislative Budget Committee regarding the annual budget for the CCGI as supported through the annual Budget Act. The annual report due on or before September 1, 2022, shall only address any changes to the first annual report provided in March 2022 pursuant to this subdivision. Each annual report thereafter shall include, but not necessarily be limited to, all of the following information: (1) All other public and private sources of revenue. (2) How prior fiscal year funds were spent and current fiscal year funds are budgeted to be spent. (3) A budget change proposal, if any additional funds are being requested for the budget year. (4) The names and locations of local educational agencies that have partnered with the CCGI, including identification of local educational agencies that were added in the prior fiscal year and are intended to be added in the budget year. (5) The names of postsecondary educational agencies that have partnered with the CCGI, including identification of postsecondary educational agencies that were added in the prior fiscal year and the budget year and identification of any postsecondary educational agencies that terminated their partnership with the CCGI. (6) Internet website analytics on identifying the number of accounts, types of activities completed, and the number of pupils that applied to college via the CCGI. (7) Information on progress towards meeting the deliverables expected of the CCGI pursuant to subdivision (a). (Amended by Stats. 2026, Ch. 65, Sec. 128. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 10. California Longitudinal Pupil Achievement Data System [60900 - 60902] SECTION 60901. Source version: id_bcd61e9b-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=10.&article= (a) Contingent upon the receipt of federal funds for this purpose, the department, in consultation with the Department of Finance and the Legislative Analyst’s Office, shall prepare the California Longitudinal Pupil Achievement Data System established pursuant to Section 60900 to include data on a quarterly rate of pupil attendance. Preparation shall include all of the following: (1) The addition of fields to facilitate the transfer of data. (2) System development activities including any business rules and definitions that would be needed to improve the quality and consistency of the data. (3) Processes for the transfer of data from local educational agencies. (4) Consultation with organizations representing school, district, and county education administrators, classified and certified staff, and parents in order to develop the criteria and frequency of reports on pupil attendance data and other indicators as may be submitted by local educational agencies. (b) The system shall support local educational agencies in their efforts to identify and support pupils at risk of dropping out and shall be capable of issuing to local educational agencies periodic reports that include, but may not be limited to, district, school, class, and individual pupil reports on both of the following: (1) Rates of absence. (2) Chronic absentees. (c) (1) For purposes of this section, “chronic absentee” means a pupil who is absent on 10 percent or more of the schooldays in the school year when the total number of days a pupil is absent is divided by the total number of days the pupil is enrolled and school was actually taught in the regular day schools of the district, exclusive of Saturdays and Sundays. (2) Once available, chronic absentee rates shall be incorporated into the annual report on dropouts required pursuant to Section 48070.6. (3) In addition to the calculation of absentee rates performed pursuant to paragraph (1), once the department has completed and reported the collection of data pursuant to paragraph (4) of subdivision (d) of Section 46211, the department shall also report an alternate chronic absenteeism rate calculation, which includes pupil attendance accrued through an attendance recovery program pursuant to Sections 46210 and 46211. (d) It is the intent of the Legislature to support the development of early warning systems to enable the identification and support of individual pupils who are at risk of academic failure or dropping out of school. The systems shall encompass the following characteristics: (1) The utilization of highly predictive indicators, including attendance, course grades or completion, performance on assessments of pupil achievement, suspensions, and expulsions. (2) A thorough validation process to ensure the predictive reliability of the systems. (3) Periodic reports that inform principals, teachers, and parents in a manner that enables timely identification and support of individual pupils who are at risk of academic failure or dropping out. (e) When the system established pursuant to Section 60900 is prepared to accept data on a quarterly rate of pupil attendance, a local educational agency may submit data to the department on a quarterly rate of pupil attendance and other indicators as identified by the department. It is the intent of the Legislature that schools identified on the list of persistently lowest-achieving schools will fully utilize the early warning systems described in subdivision (d). (f) A local educational agency that reports attendance data for pupils to the system established pursuant to Section 60900 may request, and the department shall provide, the early warning report described in subdivision (d) up to four times each school year. (g) The department shall notify local educational agencies that reporting pupil attendance and chronic absentee data pursuant to this section is voluntary. The notice shall include a description of the benefits of reporting pupil attendance and chronic absentee data in fostering the development of effective supports and interventions for at-promise pupils. (h) This section shall not be implemented unless federal funds are appropriated specifically for the purposes of this section. (Amended by Stats. 2024, Ch. 38, Sec. 89. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 10. California Longitudinal Pupil Achievement Data System [60900 - 60902] SECTION 60902. Source version: id_6078352a-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=10.&article= (a) (1) Beginning with the 2025–26 school year, the department shall define, consistent with paragraph (2), and collect, as part of the California Longitudinal Pupil Achievement Data System, annual pupil enrollment data for each pupil enrolled in an expanded learning opportunity program. For purposes of this section, an expanded learning opportunity program may include, but is not limited to, all of the following programs: (A) An expanded learning opportunity program operated by a local educational agency pursuant to Section 46120. (B) An after school education and safety program operated by a participating school pursuant to Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1. (C) A program operated by a participating community learning center pursuant to Article 22.6 (commencing with Section 8484.7) of Chapter 2 of Part 6 of Division 1 of Title 1. (2) Annual pupil enrollment shall align to the Expanded Learning Opportunities Program pupil access requirements pursuant to Section 46120 and reflect individual pupil access within an academic year reporting period, as determined by the department. (3) The department shall ensure that the collection of pupil data pursuant to this section is integrated with existing local educational agency data reporting requirements for the California Longitudinal Pupil Achievement Data System. (b) Beginning with the 2025–26 school year, the department shall identify and reduce data reporting redundancies, and provide guidance and recommendations to local educational agencies, in the collection of pupil data, including, but not limited to, pupil participation, for each pupil enrolled in an expanded learning opportunity program pursuant to subdivision (a) and existing local educational data reporting requirements for those programs. (Added by Stats. 2024, Ch. 1003, Sec. 2. (AB 1113) Effective January 1, 2025.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 11. Preschool Data [60910- 60910.] SECTION 60910. Source version: id_ff0e3560-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=11.&article= By July 1, 2024, the department shall collect the following data: (a) Pupil data for each pupil enrolled in a California state preschool program operated by a local educational agency, including all applicable data elements that are collected for pupils in transitional kindergarten pursuant to Section 48000, which, in combination with the data collected pursuant to Section 60900, will provide longitudinal pupil data for pupils enrolled in state preschool programs operated by local educational agencies through grade 12. (b) The same data for educators in California state preschool programs operated by a local educational agency that is collected for educators in the K–12 classroom setting, to the extent that data is collected. (Added by Stats. 2022, Ch. 901, Sec. 2. (AB 22) Effective January 1, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60200. Source version: id_adf81ea5-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. The state board shall adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive, for governing boards, subject to the following provisions: (a) The state board shall adopt at least five basic instructional materials for all applicable grade levels in each of the following subject areas: (1) Language arts, including, but not limited to, spelling, reading, and English language development. (2) Mathematics. (3) Science. (4) Social science. (5) Bilingual or bicultural subjects. (6) Any other subject, discipline, or interdisciplinary areas for which the state board determines the adoption of instructional materials to be necessary or desirable. (b) (1) The state board shall adopt procedures for the submission of basic instructional materials in order to comply with each of the following: (A) Instructional materials may be submitted for adoption in any of the subject areas pursuant to paragraphs (1) to (6), inclusive, of subdivision (a) at least once but not more than twice every eight years. The state board shall ensure that curriculum frameworks are reviewed and adopted in each subject area and that the criteria for evaluating instructional materials developed pursuant to subdivision (b) of Section 60204 are consistent with subdivision (c). The state board may prescribe reasonable conditions to restrict the resubmission of materials that have been previously rejected if those resubmitted materials have no substantive changes. (B) If a publisher or manufacturer submits revisions to currently adopted instructional material for review after the timeframe specified by the state board, the department shall assess a fee on the submitting publisher or manufacturer in an amount that shall not exceed the reasonable costs to the department to conduct a review of the instructional material pursuant to this section. (C) Submitted instructional materials shall be adopted or rejected within six months of the submission date of the materials pursuant to paragraph (1) unless the state board determines that a longer period of time, not to exceed an additional three months, is necessary due to the estimated volume or complexity of the materials for that subject in that year, or due to other circumstances beyond the reasonable control of the state board. (D) The process for review of instructional materials shall involve review committees, which shall include, but not be limited to, volunteer content experts and instructional material reviewers, and shall be composed of a majority of classroom teachers from a wide variety of affected grade levels and subject areas. (E) The rules and procedures for adoption of instructional materials shall be transparent and consistently applicable regardless of the format of the instructional materials, which may include, but not be limited to, print, digital, and open-source instructional materials. (2) The implementation of this subdivision shall be contingent upon an appropriation for these purposes in the annual Budget Act or another statute. This paragraph is declaratory of existing law. (c) In reviewing and adopting or recommending for adoption submitted basic instructional materials, the state board shall use the following criteria, and ensure that, in its judgment, the submitted basic instructional materials meet all of the following criteria: (1) Are consistent with the criteria and the standards of quality prescribed in the state board’s adopted curriculum framework. In making this determination, the state board shall consider both the framework and the submitted instructional materials as a whole. (2) Comply with the requirements of Sections 60040, 60041, 60042, 60043, 60044, 60048, 60200.5, and 60200.6, and the state board’s guidelines for social content. (3) Are factually accurate and incorporate principles of instruction reflective of current and confirmed research. (4) Are aligned to the content standards adopted by the state board in the subject area and the grade level or levels for which they are submitted. (5) Do not contain materials, including illustrations, that provide unnecessary exposure to a commercial brand name, product, or corporate or company logo. Materials, including illustrations, that contain a commercial brand name, product, or corporate or company logo may not be used unless the state board determines that the use of the commercial brand name, product, or corporate or company logo is appropriate based on one of the following specific findings: (A) If text, the use of the commercial brand name, product, or corporate or company logo in the instructional materials is necessary for an educational purpose, as defined in the guidelines or frameworks adopted by the state board. (B) If an illustration, the appearance of a commercial brand name, product, or corporate or company logo in an illustration in instructional materials is incidental to the general nature of the illustration. (6) Meet other criteria as are established by the state board as being necessary to accomplish the intent of Section 7.5 of Article IX of the California Constitution and of Section 1 of Chapter 1181 of the Statutes of 1989, provided that the criteria are approved by resolution at the time the resolution adopting the framework for the current adoption is approved, or at least 12 months before the date that the materials are to be approved for adoption. (d) If basic instructional materials are rejected, the state board shall provide a specific, written explanation of the reasons why the submitted materials were not adopted, based on one or more of the criteria established under subdivision (c). In providing this explanation, the state board may use, in whole or in part, materials written by the Superintendent or any other advisers to the state board. (e) The state board may adopt fewer than five basic instructional materials in each subject area for each grade level if either of the following occurs: (1) Fewer than five basic instructional materials are submitted. (2) The state board specifically finds that fewer than five basic instructional materials meet the criteria prescribed by paragraphs (1) to (5), inclusive, of subdivision (c), or the materials fail to meet the state board’s adopted curriculum framework. If the state board adopts fewer than five basic instructional materials in any subject for any grade level, the state board shall conduct a review of the degree to which the criteria and procedures used to evaluate the submitted materials for that adoption were consistent with the state board’s adopted curriculum framework. (f) This section does not limit the authority of the state board to adopt materials that are not basic instructional materials. (g) Consistent with the quality criteria for the state board’s adopted curriculum framework, the state board shall prescribe procedures to provide the most open and flexible materials submission system and ensure that the adopted materials in each subject, taken as a whole, provide for the educational needs of the diverse pupil populations in the public schools, provide collections of instructional materials that illustrate diverse points of view, represent cultural pluralism, and provide a broad spectrum of knowledge, information, and technology-based materials to meet the goals of the program and the needs of pupils. (h) Upon making an adoption, the state board shall make available to listed publishers and manufacturers and all school interests a listing of instructional materials, including the most current unit cost of those materials as computed pursuant to existing law. Items placed upon lists shall remain thereon, and be available for procurement through the state’s systems of financing, from the date of the adoption of the item and until a date established by the state board. The date established by the state board for continuing items on that list shall be the date on which the state board adopts instructional materials based on a new or revised curriculum framework. Lists of adopted instructional materials shall be made available by subject and grade level to school districts and posted on the department’s internet website, and shall include information from the reports of findings from the review committees pursuant to paragraph (4) of subdivision (b). The lists shall terminate and shall no longer be effective on the date prescribed by the state board pursuant to this subdivision. (i) The state board may approve multiple lists of instructional materials, without designating a grade or subject, and the state board may designate more than one grade or subject whenever it determines that a single subject designation or a single grade designation would not promote the maximum efficiency of pupil learning. Any materials so designated may be placed on single grade or single subject lists, or multigrade or interdisciplinary lists, or may be placed on separate lists including other materials with similar grade or subject designations. (j) A composite listing in the format of an order form may be used to meet the requirements of this section. (k) The lists maintained pursuant to this section shall not be deemed to control the use period by any school district. (l) The state board shall give publishers the opportunity to modify instructional materials, in a manner provided for in regulations adopted by the state board, if the state board finds that the instructional materials do not comply with paragraph (5) of subdivision (c). (m) This section does not prohibit the publisher of instructional materials from including whatever corporate name or logo on the instructional materials that is necessary to provide basic information about the publisher, to protect its copyright, or to identify third-party sources of content. (n) The state board may adopt regulations that provide for other exceptions to this section, as determined by the state board. (o) The Superintendent shall develop, and the state board shall adopt, guidelines to implement this section. (Amended by Stats. 2024, Ch. 38, Sec. 85. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60200.2. Source version: id_fc94868d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. (a) In addition to the findings authorized under subparagraphs (A) and (B) of paragraph (5) of subdivision (c) of Section 60200, if the state board finds that the use of a commercial brand name, product, or corporate or company logo in an instructional material is authorized under a contract entered into under paragraph (3) of subdivision (a) of Section 35182.5 as added by Assembly Bill 117 of the 1999–2000 Regular Session, the state board may allow the use of that instructional material. (b) This section shall become operative only if Section 35182.5 as proposed by Assembly Bill 117 of the 1999–2000 Regular Session is enacted and takes effect. (Amended by Stats. 2000, Ch. 135, Sec. 50. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60200.4. Source version: id_fc94868f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. (a) The State Board of Education shall ensure that the basic instructional materials that it adopts for mathematics and reading in grades 1 to 8, inclusive, are based on the fundamental skills required by these subjects, including, but not limited to, systematic, explicit phonics, spelling, and basic computational skills. (b) It is the intent of the Legislature that the fundamental skills of all subject areas, including systematic, explicit phonics, spelling, and basic computational skills, be included in the adopted curriculum frameworks and that these skills and related tasks increase in depth and complexity from year to year. It is the intent of the Legislature that the instructional materials adopted by the State Board of Education meet the provisions of this section. (Added by Stats. 1995, Ch. 765, Sec. 1. Effective October 11, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60200.5. Source version: id_fc948691-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. Instructional materials adopted under this chapter shall, where appropriate, be designed to impress upon the minds of the pupils the principles of morality, truth, justice, patriotism, and a true comprehension of the rights, duties, and dignity of American citizenship, and to instruct them in manners and morals and the principles of a free government. The State Board of Education shall endeavor to see that this objective is accomplished in the evaluation of instructional materials for educational content in appropriate subject areas. (Added by Stats. 1985, Ch. 918, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60200.6. Source version: id_fc948693-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. Instructional materials adopted pursuant to this chapter for the category of social science as specified in paragraph (5) of subdivision (a) of Section 60200 shall include information designed to instruct pupils on Dr. Martin Luther King, Jr., the civil rights movement, and contributions made by ethnic minority groups to the history of the United States. The state board shall ensure that the materials present the information in a manner consistent with the instruction provided in each grade level. The state board shall endeavor to see that this objective is accomplished in the evaluation of instructional materials for educational content. (Added by Stats. 1988, Ch. 86, Sec. 1.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60200.7. Source version: id_304d9549-5aa1-11e0-b315-b1f3921b499b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. Notwithstanding Sections 60200 and 60200.1, the state board shall not adopt instructional materials or follow the procedures adopted pursuant to Sections 60200 and 60200.1 until the 2015–16 school year. (Amended by Stats. 2011, Ch. 7, Sec. 32. (SB 70) Effective March 24, 2011.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60200.8. Source version: id_1def854c-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. (a) Notwithstanding Section 60200.7, the state board may consider the adoption of a revised curriculum framework and evaluation criteria for instructional materials in history-social science. (b) The department shall conduct work necessary to revise the curriculum framework and evaluation criteria for instructional materials in history-social science only after it has completed work related to the development of curriculum frameworks for the common core academic content standards pursuant to Section 60207. (Amended by Stats. 2013, Ch. 76, Sec. 46. (AB 383) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60200.9. Source version: id_d42948d1-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. On or before January 31, 2017, the state board shall consider the adoption of a revised curriculum framework and evaluation criteria for instructional materials in science. The revised curriculum framework shall be based on the science content standards adopted pursuant to former Section 60605.85, as that section read on June 30, 2014. In adopting the revised curriculum framework, the state board shall ensure both of the following: (a) Inclusion of English language development strategies that are aligned to the standards adopted pursuant to Section 60811. (b) Inclusion of strategies to address the needs of pupils with disabilities. (Amended by Stats. 2015, Ch. 148, Sec. 1. (SB 652) Effective January 1, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60201. Source version: id_fc948695-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. In approving and maintaining lists of adopted instructional materials, the state board shall, pursuant to subdivision (e) of Section 60200, do any one or more of the following, when applicable: (a) Retain any instructional materials from a previous list and biennially make any adjustment in prices based on information provided pursuant to Section 60223. (b) Delete from the lists any instructional material which it determines is obsolete pursuant to Section 60500, or which received no order from any district board during the previous two years. (c) Add instructional materials not previously submitted for adoption, or materials previously submitted which have been revised to comply with any recommendations of the state board. (Amended by Stats. 1997, Ch. 251, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60202. Source version: id_fc960d37-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. Before final adoption of any instructional materials not currently listed, the state board shall make any instructional materials proposed for adoption available for public inspection for not less than 30 days at display centers designated by the Superintendent of Public Instruction. There shall be an adequate distribution of display centers throughout the state. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60203. Source version: id_38f69a30-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. (a) The state board shall hold a public hearing before adopting instructional materials for use in the elementary schools of the state. (b) Upon review of the commission’s recommendations for instructional materials, the Superintendent may make alternative recommendations for instructional materials and the state board shall consider the Superintendent’s recommendations before making its decision to adopt instructional materials. (c) The state board shall consider comments from other advisory bodies and the public before making its decision to adopt instructional materials. (Amended by Stats. 2012, Ch. 668, Sec. 5. (AB 1246) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60204. Source version: id_e87553e5-3185-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. The Instructional Quality Commission established pursuant to Section 33530 shall do all of the following: (a) Recommend curriculum frameworks to the state board. (b) Develop criteria for evaluating instructional materials submitted for adoption so that the materials adopted shall adequately cover the subjects in the indicated grade or grades and comply with the provisions of Article 3 (commencing with Section 60040) of Chapter 1. The criteria developed by the commission shall be consistent with the duties of the state board pursuant to Section 60200. The criteria shall be public information and shall be provided in written or printed form to any person requesting that information. (1) The criteria for English language arts instructional materials shall include directions to publishers to align both lessons and teacher’s editions, as appropriate, with English language development standards and incorporate strategies to address, at every grade level, the needs of all English learners. The criteria for other subject areas shall include directions to publishers to incorporate strategies for English learners that are consistent with the English language development standards. (2) The criteria also shall include directions to publishers to incorporate instructional strategies to address the needs of pupils with disabilities in both lessons and teacher’s editions, as appropriate, at every grade level and subject. (c) Study and evaluate instructional materials submitted for adoption. (d) Recommend instructional materials for adoption to the state board. (e) Recommend to the state board policies and activities to assist the department and school districts in the use of the curriculum framework and other available model curriculum materials for the purpose of guiding and strengthening the quality of instruction in the public schools. (f) Advise and make recommendations to the state board, including, but not limited to, what policies and activities are needed to implement the state’s academic content standards, and bring the state’s curriculum frameworks, instructional materials, professional development programs, pupil assessments, and academic accountability systems into alignment with those standards. (Amended by Stats. 2011, Ch. 608, Sec. 7. (AB 250) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60205. Source version: id_7301bc1e-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. (a) On or before January 31, 2027, the state board shall, in adherence with the procedures established pursuant to Section 60227, adopt instructional materials for kindergarten and grades 1 to 8, inclusive, in English language arts and English language development. (b) The state board shall ensure that instructional materials adopted pursuant to this section adhere to all of the following: (1) Align to the current English Language Arts/English Language Development (ELA/ELD) Framework, including integrated and designated English language development instruction adopted by the state board, and including strategies to meet the varied language development needs of English learners. (2) Align to evidence-based means of teaching foundational reading skills, which shall include explicit and systematic instruction in print concepts, phonological awareness, phonics and word recognition, and fluency, and attending to oral and written language development, vocabulary and background knowledge, and comprehension, including tiered supports for pupils with reading difficulties, English learners, and pupils with exceptional needs. (3) Align to the program guidelines for dyslexia developed pursuant to Section 56335. (4) Include materials that focus on the teaching of specific skills and standards that are a subset of the entire English Language Arts/English Language Development (ELA/ELD) Framework and clearly designate which standards they effectively address. (c) Upon the adoption of instructional materials pursuant to subdivision (a), the state board shall update the state Guidance for Local Instructional Materials Adoptions to reflect the criteria in subdivision (b). A local educational agency shall follow this guidance and the processes described in Section 60002 for purposes of adopting instructional materials. (d) (1) A local educational agency that adopts instructional materials that have not been adopted by the state board pursuant to subdivision (a) shall certify that the instructional materials align to the criteria in subdivision (b). (2) A local educational agency may adopt a set of instructional materials that, in combination, address all of the state standards and components of the English Language Arts/English Language Development (ELA/ELD) Framework. (e) It is the intent of the Legislature that the state board’s adoption of instructional materials in English language arts and English language development include high-quality instructional materials in pupils’ primary languages to enable teachers to build upon pupils’ linguistic assets in programs for which English learner pupils are being instructed in their primary language. (Added by Stats. 2025, Ch. 471, Sec. 3. (AB 1454) Effective January 1, 2026.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60206. Source version: id_fc960d3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. The state board may adopt appropriate regulations to implement this chapter. These regulations may include a procedure to review district invoices for instructional materials purchases made pursuant to subdivision (b) of Section 60242. (Added by Stats. 1982, Ch. 1503, Sec. 1.5.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60207. Source version: id_1fa1f03e-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. (a) Notwithstanding Section 60200.7, the state board shall adopt both of the following: (1) Revised curriculum frameworks and evaluation criteria that are aligned to the content standards adopted pursuant to Section 60605.8 for English language arts no later than July 30, 2014. (2) Revised curriculum frameworks that are aligned to the content standards adopted pursuant to Section 60605.8 for mathematics no later than November 30, 2013. (b) Notwithstanding Section 60200.7, the state board may adopt instructional materials for kindergarten and grades 1 to 8, inclusive, that are aligned to the content standards adopted pursuant to Section 60605.8 for mathematics no later than March 30, 2014. (1) For purposes of adopting instructional materials for mathematics pursuant to this subdivision, the state board may adopt evaluation criteria for mathematics no later than March 31, 2013. The criteria may allow for the adoption of materials that have been reviewed and adopted by another state that has adopted the common core academic content standards. (2) Instructional materials adopted pursuant to this subdivision shall remain adopted until the next statewide adoption of instructional materials for mathematics. (c) State board policies shall ensure that the English language arts curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 8, inclusive, include the English language development standards as adopted by the state board in 1997 and revised thereafter, and English language development strategies in the core subjects of mathematics, science, and history-social science. (d) State board policies shall ensure that curriculum frameworks for kindergarten and grades 1 to 12, inclusive, and instructional materials for kindergarten and grades 1 to 8, inclusive, include strategies to address the needs of pupils with disabilities in the four core subjects of mathematics, science, history-social science, and English language arts. (e) Each curriculum framework that the state board adopts shall describe, to the extent the state board deems appropriate, the manner in which content can be delivered to intentionally build all of the following skills into and across each content area: (1) Creativity and innovation, including, but not limited to, thinking creatively, working creatively with others, and implementing innovations. (2) Critical thinking and problem solving, including, but not limited to, reasoning effectively, using systems thinking, making judgments and decisions, and solving problems. (3) Collaboration, including, but not limited to, working effectively in diverse teams, adapting to change and being flexible, demonstrating initiative and self-direction, working independently, demonstrating productivity and accountability, and demonstrating leadership and responsibility. (4) Communication, including, but not limited to, communicating clearly and effectively through reading, writing, and speaking. (5) Construction and exploration of new understandings of knowledge through the integration of content from one subject area to another to provide pupils with multiple modes for demonstrating innovative learning. (Amended by Stats. 2013, Ch. 480, Sec. 3. (SB 300) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60208. Source version: id_d47bb8ff-3178-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. (a) It is the intent of the Legislature to do both of the following: (1) Provide to local educational agencies a process that involves teachers, and is consistent with the implementation of standards-based curricula and the principle of local control. (2) Consistent with Section 60200.7, ensure that school districts are provided with as many high-quality standards-aligned instructional material options as possible, so that educators may have many rigorous options in choosing the best materials that meet the needs of all pupils, including English learners and pupils with disabilities, and that ensure that their pupils are able to master the academic content standards adopted by the state board pursuant to Section 60605.8. (b) The Superintendent, in collaboration with the state board, teachers of various grade levels and subject areas, district and county office of education curriculum administrators selected from various geographic areas, professional development training experts, and representatives from postsecondary institutions or other educational agencies and organizations, as deemed appropriate by the Superintendent, shall do all of the following: (1) Develop criteria to guide the development of model professional development modules that provide critical information and strategies to be used as the common core academic content standards are implemented. The criteria shall be based on the California Standards for the Teaching Professions and developed in consideration of the National Staff Development Council’s Standards for Staff Development. (2) Develop model professional development modules for teachers, principals, and school leaders that incorporate, make use of, and build upon existing professional development programs and opportunities currently available at the local, state, and national levels to deepen the understanding of at least all of the following: (A) The common core academic content standards. (B) Instructional strategies to support the learning of all pupils, including English learners, pupils with disabilities, and underperforming pupils. (C) Instructional strategies that promote creativity, innovation, critical thinking, problem solving, collaboration, and communication skills in all academic content areas. (D) The integration of subject content knowledge. (E) Instructional leadership and coaching. (c) Model professional development modules shall be designed for delivery through various methods, including, but not limited to, school-based and web-based delivery. (d) The Superintendent shall report to the state board on the development pursuant to subdivision (b) of the model professional development modules. (Added by Stats. 2011, Ch. 608, Sec. 9. (AB 250) Effective January 1, 2012.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60210. Source version: id_0dd5cbc1-fce7-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. (a) Notwithstanding any other law, a local educational agency may use instructional materials that are aligned with the academic content standards adopted pursuant to Section 60605 or 60605.8, or former Section 60605.85, as that section read on June 30, 2014, including instructional materials that have not been adopted by the state board pursuant to Section 60200. (b) Instructional materials for mathematics and English language arts that are aligned to common core academic content standards developed by the Common Core State Standards Initiative consortium pursuant to Section 60605.7 shall be deemed to be aligned to the content standards adopted pursuant to Section 60605 or 60605.8 for purposes of Section 60119. (c) If a local educational agency chooses to use instructional materials that have not been adopted by the state board, the local educational agency shall ensure that a majority of the participants of any review process conducted by the local educational agency are classroom teachers who are assigned to the subject area or grade level of the materials. (Amended by Stats. 2018, Ch. 507, Sec. 15. (SB 816) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60212. Source version: id_5723c57c-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. For purposes of adopting basic instructional materials for history-social science pursuant to Section 60200, all of the following shall apply: (a) (1) The department shall provide notice, pursuant to paragraph (2), to all publishers or manufacturers known to produce basic instructional materials in that subject, post an appropriate notice on the Internet Web site of the department, and take other reasonable measures to ensure that appropriate notice is widely circulated to potentially interested publishers and manufacturers. (2) The notice shall specify that each publisher or manufacturer choosing to participate in the adoption process shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program. (b) The department, before incurring substantial costs for the adoption process, shall require that a publisher or manufacturer that wishes to participate in the adoption process first declare the intent to submit one or more specific programs for adoption and specify the specific grade levels to be covered by each program. (c) After a publisher or manufacturer has declared its intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee that shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. (d) The fee assessed pursuant to subdivision (c) shall be in an amount that does not exceed the reasonable costs to the department in conducting the adoption process. The department shall take reasonable steps to limit costs of the adoption and to keep the fee modest. (e) A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption until the fee assessed pursuant to subdivision (c) has been paid in full. (f) (1) Upon the request of a small publisher or small manufacturer, the state board may reduce the fee for participation in the adoption. (2) For purposes of this section, “small publisher” and “small manufacturer” mean an independently owned or operated publisher or manufacturer that is not dominant in its field of operation and that, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years. (g) If the department determines that there is little or no interest in participating in an adoption by publishers and manufacturers, the department shall recommend to the state board whether or not the adoption shall be conducted, and the state board may choose not to conduct the adoption. (h) Revenue derived from fees assessed pursuant to subdivision (c) shall be budgeted as reimbursements and subject to review through the annual budget process, and may be used to pay for costs associated with any adoption and for any costs associated with the review of instructional materials, including costs of substitutes for teacher reviewers and stipends for content review experts. (Added by Stats. 2015, Ch. 13, Sec. 37. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 1. Selection and Adoption [60200 - 60213] SECTION 60213. Source version: id_15fc7b7b-5da3-11e7-a5be-8a65cfa92785 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=1. For purposes of adopting basic instructional materials in a given subject area pursuant to Section 60200, all of the following shall apply: (a) (1) Before conducting an adoption in a given subject area, the department shall provide notice, pursuant to paragraph (2), to all publishers or manufacturers known to produce basic instructional materials in that subject area, post an appropriate notice on the Internet Web site of the department, and take other reasonable measures to ensure that appropriate notice is widely circulated to potentially interested publishers and manufacturers. (2) The notice provided pursuant to paragraph (1) shall specify that each publisher or manufacturer choosing to participate in the adoption process shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program. (b) The department, before incurring substantial costs for the adoption, shall require that a publisher or manufacturer who wishes to participate in the adoption first declare the intent to submit one or more specific programs for adoption and specify the specific grade levels to be covered by each program. After a publisher or manufacturer has declared the intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee. The fee shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption until the fee assessed has been paid in full. (c) The fee assessed pursuant to subdivision (b) shall cover the cost of conducting the adoption. The department shall take reasonable steps to limit costs of the adoption and to keep the fee modest. (d) (1) Upon the request of a small publisher or small manufacturer, the state board may reduce the fee for participation in the adoption. (2) For purposes of this section, “small publisher” and “small manufacturer” mean an independently owned or operated publisher or manufacturer who is not dominant in its field of operation, and who, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years. (e) Revenue derived from fees assessed pursuant to subdivision (b) shall be budgeted as reimbursements and subject to review through the annual budget process, and may be used to pay for costs associated with any adoption and for any costs associated with the review of instructional materials, including costs of substitutes for teacher reviewers and stipends for content review experts. (f) If the department determines that there is little or no interest in participating in an adoption by publishers and manufacturers, the department shall recommend to the state board whether or not the adoption shall be conducted, and the state board may choose not to conduct the adoption. (g) General fund revenue shall not be used for the cost of conducting an adoption of instructional materials. (Added by Stats. 2017, Ch. 15, Sec. 64. (AB 99) Effective June 27, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 2. Duties of Publishers and Manufacturers [60220 - 60227] SECTION 60220. Source version: id_fc9793e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=2. All publishers and manufacturers submitting instructional materials for adoption by the state board shall comply with the provisions of Article 1 (commencing with Section 60000) to Article 7 (commencing with Section 60100), inclusive, of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 2. Duties of Publishers and Manufacturers [60220 - 60227] SECTION 60221. Source version: id_fc9793e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=2. Publishers and manufacturers submitting instructional materials for adoption shall provide sample copies of such materials in quantities to be determined by the state board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 2. Duties of Publishers and Manufacturers [60220 - 60227] SECTION 60222. Source version: id_fc9793e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=2. Publishers and manufacturers, at a time designated by the state board, shall submit detailed specifications of the physical characteristics of that material. The publisher or manufacturer shall comply with those specifications if the material is adopted and purchased in completed form by the state board or any district board. Changes in specifications may be made when approved by the state board and the publisher or manufacturer. (Amended by Stats. 1995, Ch. 413, Sec. 14. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 2. Duties of Publishers and Manufacturers [60220 - 60227] SECTION 60223. Source version: id_fc9793e7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=2. Publishers and manufacturers may biennially submit revisions to price schedules submitted pursuant to subdivision (a) of Section 60201. (Amended by Stats. 1995, Ch. 413, Sec. 15. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 2. Duties of Publishers and Manufacturers [60220 - 60227] SECTION 60225. Source version: id_fc9793e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=2. As agreed upon by publishers and school districts, publishers may provide in-service training or professional development in the use of the instructional materials provided by them. (Amended by Stats. 1995, Ch. 413, Sec. 17. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 2. Duties of Publishers and Manufacturers [60220 - 60227] SECTION 60226. Source version: id_fc9793eb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=2. Publishers and manufacturers shall, in accordance with rules and regulations adopted by the state board, develop plans to improve the quality and reliability of instructional materials through learner verification. District boards shall be encouraged to permit publishers and manufacturers to have limited access to classrooms for necessary testing and observation. Publishers and manufacturers shall provide copies of test results and evaluations made as part of learner verification at the request of any governing board. (Amended by Stats. 1986, Ch. 211, Sec. 5. Effective June 27, 1986.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 2. Duties of Publishers and Manufacturers [60220 - 60227] SECTION 60227. Source version: id_7f0dbb5d-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=2. (a) For purposes of this section, a followup adoption is any adoption other than the primary adoption that occurs pursuant to subdivision (b) of Section 60200. (b) Before conducting a followup adoption in the subject areas of language arts and mathematics, the department shall post an appropriate notice on the its internet website pursuant to subdivision (c) and notify all publishers or manufacturers known to produce basic instructional materials in that subject area. (c) The notice shall specify that each publisher or manufacturer choosing to participate in the followup adoption shall be assessed a fee based on the number of programs the publisher or manufacturer indicates will be submitted for review and the number of grade levels proposed to be covered by each program. (d) The amount of the fee shall not exceed the reasonable costs to the department to conduct the followup adoption process pursuant to this section. The department shall take reasonable steps to limit costs of the followup adoption and to keep the fee modest, recognizing that some of the work necessary for the primary adoption need not be duplicated. (e) The department, before incurring substantial costs for the followup adoption, shall require that a publisher or manufacturer who wishes to participate in the followup adoption first declare an intent to submit one or more specific programs for the followup adoption and specify the specific grade levels to be covered by each program. After a publisher or manufacturer has declared an intent to submit one or more programs and the grade levels to be covered by each program, the department shall assess a fee. The fee shall be payable by the publisher or manufacturer even if the publisher or manufacturer subsequently chooses to withdraw a program or reduce the number of grade levels covered. A submission by a publisher or manufacturer shall not be reviewed for purposes of adoption, either in a followup adoption or in any other primary or followup adoption conducted thereafter, until the fee assessed has been paid in full. (f) (1) It is the intent of the Legislature that the fee not be so substantial that it prevents small publishers or manufacturers from participating in a followup adoption. (2) Upon the request of a small publisher or manufacturer, the state board may reduce the fee for participation in the followup adoption. (3) For purposes of this section, “small publisher” and “small manufacturer” mean an independently owned or operated publisher or manufacturer that is not dominant in its field of operation, and that, together with its affiliates, has 100 or fewer employees, and has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years. (g) Revenue derived from fees charged pursuant to subdivision (e) shall be budgeted as reimbursements and subject to review through the annual budget process and may be used to pay costs associated with any adoption and any costs associated with the review of instructional materials. (h) If the department determines that there is little or no interest by publishers and manufacturers in participating in a followup adoption, the department shall recommend to the state board that the followup adoption not be conducted and the state board may choose not to conduct the followup adoption. (i) General Fund revenue shall not be used for the cost of conducting a followup adoption pursuant to this section, except that General Fund revenue appropriated to the Instructional Quality Commission in the annual Budget Act may be used to support the operational costs of the Instructional Quality Commission necessary to take action on the adoption. (j) It is the intent of the Legislature that, notwithstanding any other law or regulation, consistent with subdivision (b) of Section 144 of Chapter 44 of the Statutes of 2021 (Assembly Bill 130 of the 2021–22 Regular Session) and to carry out the purposes of this chapter, the state board consider approval of high-quality online instructional materials, including open educational resources. (k) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2024, Ch. 38, Sec. 86. (SB 153) Effective June 29, 2024. Repealed as of January 1, 2032, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 6. Other Uses [60310 - 60313] SECTION 60310. Source version: id_fca2426b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=6. The following individuals or organizations may order instructional materials from lists adopted by the state board: (a) The head of any state institution offering instruction in the elementary grades, or giving instruction in the teaching of elementary subjects. (b) Governing boards or nonpublic schools. (c) Individuals for use only in California. The materials shall be purchased at the unit cost determined pursuant to subdivision (b) of Section 60222. (Amended by Stats. 1982, Ch. 1503, Sec. 14. Operative July 1, 1983, by Sec. 15 of Ch. 1503.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 6. Other Uses [60310 - 60313] SECTION 60312. Source version: id_fca2426d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=6. The state board shall make available copies of adopted textbooks and other state adopted print materials in large print and other accessible media for pupils enrolled in the elementary schools whose visual acuity is 10/70 or less or who have other visual impairments making the use of these textbooks and alternate formats necessary. The state board shall make available adopted textbooks in braille characters for pupils enrolled in elementary schools whose corrected visual acuity is 20/200 or less. The state board may purchase or contract for the development of those materials. (Amended by Stats. 1995, Ch. 413, Sec. 27. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 2. Elementary School Materials [60200 - 60313] ARTICLE 6. Other Uses [60310 - 60313] SECTION 60313. Source version: id_fca2426f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=2.&article=6. (a) The Superintendent of Public Instruction shall maintain a central clearinghouse-depository and duplication center for the design, production, modification, and distribution of Braille, large print, special recordings, and other accessible versions of instructional materials for use by pupils with visual impairments or other disabilities who are enrolled in the public schools of California. (b) Assistive devices placed in the depository shall consist of items designed for use by pupils with visual impairments. (c) The instructional materials in specialized media shall be available, in a manner determined by the State Board of Education, to other pupils with disabilities enrolled in the public schools of California who are unable to progress in the general curriculum using conventional print copies of textbooks and other study materials. (d) The specialized textbooks, reference books, recordings, study materials, tangible apparatus, equipment, and other similar items shall be available for use by students with visual impairments enrolled in the public community colleges, the California State University, and the University of California. (Amended by Stats. 2001, Ch. 734, Sec. 61. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 3. High School Textbooks [60400 - 60411] ARTICLE 1. Adoption and Purchase [60400- 60400.] SECTION 60400. Source version: id_fca54ebd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=3.&article=1. The governing board of each school district maintaining one or more high schools shall adopt instructional materials for use in the high schools under its control. Only instruction materials of those publishers who comply with the requirements of Article 3 (commencing with Section 60040) and Article 4 (commencing with Section 60060) of Chapter 1 of this part and of Section 60226 may be adopted by the district board. (Amended by Stats. 2001, Ch. 734, Sec. 62. Effective October 11, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 3. High School Textbooks [60400 - 60411] ARTICLE 2. Furnishing Textbooks to Pupils [60410 - 60411] SECTION 60410. Source version: id_fca54ec1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=3.&article=2. The district board of each high school district may fix a charge not to exceed the cost of the books to the high school district for books furnished pupils in classes for adults. In lieu of fixing such charge, the board may lend books to such pupils and require the making of deposits by the pupils, the amount of deposit made by a pupil to be refunded to him upon the return by him of the books lent him in good condition, reasonable wear and tear excepted. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 3. High School Textbooks [60400 - 60411] ARTICLE 2. Furnishing Textbooks to Pupils [60410 - 60411] SECTION 60411. Source version: id_fca54ec3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=3.&article=2. The district board of each high school district shall purchase textbooks and may purchase supplementary books for the use of pupils enrolled in the high schools of the district. The textbooks and supplementary books shall at all times remain the property of the district, and shall be supplied to the pupils for use without charge. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 4. Obsolete Materials [60510 - 60530] ARTICLE 1. Donation or Sale [60510 - 60511] SECTION 60510. Source version: id_a74a377b-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=4.&article=1. The state board, the governing board of a school district, or a county office of education may dispose of surplus or undistributed obsolete instructional materials in its possession that are usable for educational purposes in any of the following ways: (a) By donation to a governing board, county free library, or other state institution. (b) By donation to a public agency or institution of any territory or possession of the United States, or the government of a country that formerly was a territory or possession of the United States. (c) By donation to a nonprofit charitable organization. (d) By donation to children or adults in the State of California, or foreign countries for the purpose of increasing the general literacy of the people. (e) By sale. (Amended by Stats. 2009, Ch. 321, Sec. 1. (AB 487) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 4. Obsolete Materials [60510 - 60530] ARTICLE 1. Donation or Sale [60510 - 60511] SECTION 60510.5. Source version: id_fca9e2bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=4.&article=1. (a) Prior to the disposition by a school district of any instructional materials pursuant to Section 60510, the school district governing board is encouraged to do both of the following: (1) No later than 60 days prior to that disposition, notify the public of its intention to dispose of those materials through a public service announcement on a television station in the county in which the district is located, a public notice in a newspaper of general circulation published in that county, or any other means that the governing board determines to reach most effectively the entities described in subdivisions (a) to (e), inclusive, of Section 60510. (2) Permit representatives of the entities described in subdivisions (a) to (e), inclusive, of Section 60510 and members of the public to address the governing board regarding that disposition. (b) This section does not apply to any school district that, as of January 1, 1992, had in operation a procedure for the disposition of instructional materials pursuant to Section 60510. (Added by Stats. 1991, Ch. 1028, Sec. 2.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 4. Obsolete Materials [60510 - 60530] ARTICLE 1. Donation or Sale [60510 - 60511] SECTION 60511. Source version: id_ab4f44fd-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=4.&article=1. Any organization, agency, or institution receiving obsolete instructional materials donated pursuant to this article shall certify to the governing board of the school district or the county board of education, as appropriate, that it agrees to make no charge of any kind to the persons to whom the organization gives or lends those materials. (Amended by Stats. 2009, Ch. 321, Sec. 3. (AB 487) Effective January 1, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 4. Obsolete Materials [60510 - 60530] ARTICLE 2. Destruction [60530- 60530.] SECTION 60530. Source version: id_fcab696b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=4.&article=2. The state board, any district board which employs a superintendent of schools, and other school districts with the approval of the county superintendent of schools may dispose of unusable surplus or undistributed obsolete instructional materials, or such materials which are usable but cannot be distributed pursuant to Section 60510 in any of the following ways: (a) Mutilated as not to be salable as instructional materials and sold for scrap or for use in the manufacture of paper pulp or other substances at the highest price that can be obtained. (b) Destroyed by any economical means, provided that no instructional material shall be destroyed until 30 days after the governing board has given notice to all persons who have filed a request for such notice. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 1. General Provisions [60600 - 60603] SECTION 60600. Source version: id_6ff788d6-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=1. This chapter shall be known and may be cited as the Leroy Greene California Assessment of Academic Achievement Act. (Added by Stats. 1995, Ch. 975, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 1. General Provisions [60600 - 60603] SECTION 60602.5. Source version: id_a4b7fbe4-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=1. (a) It is the intent of the Legislature in enacting this chapter to provide a system of assessments of pupils that has the primary purposes of assisting teachers, administrators, and pupils and their parents; improving teaching and learning; and promoting high-quality teaching and learning using a variety of assessment approaches and item types. The assessments, where applicable and valid, will produce scores that can be aggregated and disaggregated for the purpose of holding schools and local educational agencies accountable for the achievement of all their pupils in learning the California academic content standards. The system includes assessments or assessment tools for multiple grade levels that cover the full breadth and depth of the curriculum and promote the teaching of the full curriculum. In order to accomplish these goals, the Legislature finds and declares that California should adopt a coordinated and consolidated testing system to do all of the following: (1) Develop and adopt a set of statewide academically rigorous content standards in all major subject areas to serve as the basis for modeling and promoting high-quality teaching and learning activities across the entire curriculum and assessing the academic achievement of pupils, as well as for schools, school districts, and for the California education system as a whole. Exclusive of those assessments established by a multistate consortium, produce performance standards to be adopted by the state board designed to lead to specific grade level benchmarks of academic achievement for each subject area tested within each grade level based on the knowledge, skills, and processes that pupils will need in order to succeed in the information-based, global economy of the 21st century. (2) Provide information and resources to schools and local educational agencies to assist with the selection of local benchmark assessments, diagnostic assessments, and formative tools aligned with the state-adopted California academic content standards. The Legislature recognizes the importance of local tools and assessments used by schools and local educational agencies to monitor pupil achievement and to identify individual pupil strengths and weaknesses. The Legislature further recognizes the role the state may play in leveraging resources to provide schools and local educational agencies with information and tools for use at their discretion. (3) Ensure that all assessment procedures, items, instruments, scoring systems, and results meet high standards of statistical reliability and validity, and that they do not use procedures, items, instruments, or scoring practices that are racially, culturally, socioeconomically, or gender biased. (4) Provide information to pupils, parents and guardians, teachers, schools, and local educational agencies on a timely basis so the information can be used to further the development of the pupil or to improve the educational program. The Legislature recognizes that the majority of the assessments in the system will generate individual pupil scores that will provide information on pupil achievement to pupils, their parents or guardians, teachers, schools, and local educational agencies. The Legislature further recognizes that some assessments in the system may solely generate results at the school, school district, county, or state level for purposes of improving the education program and promoting the teaching and learning of the full curriculum. (5) When administered as a census administration, results should be reported in terms describing a pupil’s academic performance in relation to the statewide academically rigorous content and performance standards and in terms of college and career readiness skills possessed by the pupil, in addition to being reported as a numerical. When appropriate, the reports should include a measure of growth that describes a pupil’s current status in relation to past performance. (6) Where feasible, administer assessments via technology to enhance the assessment of challenging content using innovative item types and to facilitate expedited scoring. (7) Minimize the amount of instructional time devoted to assessments administered pursuant to this chapter. It is the intent of the Legislature that any redundancies in statewide testing be eliminated as soon as is feasible. (b) It is the intent of the Legislature, pursuant to this article, to initiate planning for the implementation process to enable the Superintendent to accomplish the goals set forth in this section as soon as feasible. (c) It is the intent of the Legislature that parents, classroom teachers, other educators, pupil representatives, institutions of higher education, business community members, and the public be involved, in an active and ongoing basis, in the design and implementation of the statewide pupil assessment system and the development of assessment instruments. The Legislature recognizes the important role that these stakeholders play in the success of the statewide pupil assessment system and the importance of providing them with information and resources about the new statewide system including the goals and appropriate uses of the system. (d) It is the intent of the Legislature, insofar as is practically and fiscally feasible and following the completion of annual testing, that the content, test structure, and test items in the assessments that are part of the statewide pupil assessment system become open and transparent to teachers, parents, and pupils, to assist stakeholders in working together to demonstrate improvement in pupil academic achievement. A planned change in annual test content, format, or design should be made available to educators and the public well before the beginning of the school year in which the change will be implemented. (e) It is the intent of the Legislature that the results of the statewide pupil assessments be available for use, after appropriate validation, for academic credit, or placement and admissions processes, or both, at postsecondary educational institutions. (f) This section shall become operative on July 1, 2014. (Added by Stats. 2013, Ch. 489, Sec. 4. (AB 484) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 1. General Provisions [60600 - 60603] SECTION 60602.6. Source version: id_0da8157a-3e25-11e6-9e75-e31378363641 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=1. It is the intent of the Legislature that the department minimize the impact to teachers and administrators and state resources by ensuring, where feasible, that future California computer-based assessments utilize the assessment delivery system infrastructure and hosting platform outlined in the Smarter Balanced Technical Hosting Solution, as approved by the Department of Technology for the statewide pupil assessment system. All computer-based statewide assessments, to the extent possible and most cost-effective, shall be developed to operate on the existing approved infrastructure, provide a single logical access point, support a single secure browser for remote and local access, and utilize uniform system development standards. The assessment delivery system infrastructure shall be scalable in nature to allow the department to incorporate additional computer-based statewide assessments as funded. (Added by Stats. 2016, Ch. 29, Sec. 29. (SB 828) Effective June 27, 2016.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 1. General Provisions [60600 - 60603] SECTION 60603. Source version: id_47d49903-fce7-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=1. As used in this chapter: (a) “Achievement level descriptors” means a narrative description of the knowledge, skills, and processes expected of pupils at different grade levels and at different performance levels on achievement tests. (b) “Achievement test” means any summative standardized test that measures the level of performance that a pupil has achieved on state-adopted content standards. (c) “California Assessment of Student Performance and Progress (CAASPP)” means the comprehensive assessment system, inclusive of consortium-developed assessments, that has the primary purpose of modeling and promoting high-quality teaching and instruction using a variety of assessment approaches and item types. (d) “Census administration” means a test administration in which all pupils take comparable assessments of the same content and where results of individual performance are appropriate and meaningful to parents, pupils, and teachers. (e) “Computer-adaptive assessment” means a computer-based test that utilizes a computer program to adjust the difficulty of test items throughout a testing session based on a test taker’s responses to previous test items during that testing session. (f) “Computer-based assessment” means a test administered using an electronic computing device. (g) “Consortium” means a multistate collaborative organized to develop a comprehensive system of assessments or formative tools such as described in Section 60605.7. (h) “Constructed-response questions” means a type of assessment item that requires pupils to construct their own answers. (i) “Content standards” means the specific academic knowledge, skills, and abilities that all public schools in this state are expected to teach, and all pupils are expected to learn, in reading, writing, mathematics, history-social science, world languages, visual and performing arts, and science, at each grade level tested. (j) “Diagnostic assessment” means an assessment of particular knowledge or skills a pupil has or has not yet achieved for the purpose of informing instruction and making placement decisions. (k) “End of course examination” means a comprehensive and challenging assessment of pupil achievement in a particular subject area or discipline. (l) “Field test” means an assessment or assessment items administered to a representative sample of a population to ensure that the test or item produces results that are valid, reliable, and fair. (m) “Formative assessment tools” means assessment tools and processes that are embedded in instruction and used by teachers and pupils to provide timely feedback for purposes of adjusting instruction to improve learning. (n) “High-quality assessment” means an assessment designed to measure a pupil’s knowledge of, understanding of, and ability to apply, critical concepts through the use of a variety of item types and formats, including, but not necessarily limited to, items that allow for constructed responses and items that require the completion of performance tasks. A high-quality assessment should have the following characteristics: (1) Enable measurement of pupil achievement and pupil growth to the extent feasible. (2) Be of high technical quality by being valid, reliable, fair, and aligned to standards. (3) Incorporate technology where appropriate. (4) Include the assessment of pupils with disabilities and English learners. (5) Use, to the extent feasible, universal design principles, as defined in Section 3 of the federal Assistive Technology Act of 1998 (29 U.S.C. Sec. 3002) in its development and administration. (o) “Interim assessment” means an assessment that is designed to be given during the school year to evaluate a pupil’s knowledge and skills relative to specific academic standards in order to provide timely feedback, used in combination with other sources of information teachers have about their pupils’ progress, for purposes of continually adjusting instruction to improve learning, and that produces results that can be aggregated by classroom, course, grade level, or school. (p) “Local educational agency” means a county office of education, school district, state special school, or direct-funded charter school as described in Section 47651. (q) “Matrix sampling” means administering different portions of a single assessment to different groups of pupils for the purpose of sampling a broader representation of content and reducing testing time. (r) “Performance standards” are standards that define various levels of competence at each grade level in each of the curriculum areas for which content standards are established. Performance standards gauge the degree to which a pupil has met the content standards and the degree to which a school or school district has met the content standards. (s) “Performance tasks” are a collection of questions or activities that relate to a single scenario that include pupil interaction with stimulus. Performance tasks are a means to assess more complex skills such as writing, research, and analysis. (t) “Personally identifiable information” includes a pupil’s name and other direct personal identifiers, such as the pupil’s identification number. Personally identifiable information also includes indirect identifiers, such as the pupil’s address and personal characteristics, or other information that would make the pupil’s identity easily traceable through the use of a single or multiple data sources, including publicly available information. (u) “Population sampling” means administering assessments to a representative sample of pupils instead of the entire pupil population. The sample of pupils shall be representative in terms of various pupil subgroups, including, but not necessarily limited to, English learners and pupils with disabilities. (v) “Recently arrived English learner” means a pupil designated as an English learner who is in his or her first 12 months of attending a school in the United States. (w) “State-determined assessment calendar” means the scheduling of assessments, exclusive of those subject area assessments listed in subdivision (b) of Section 60640, over several years on a predetermined schedule. Content areas and grades shall only be assessed after being publicly announced at least two school years in advance of the assessment. (x) “Summative assessment” means an assessment designed to be given near the end of the school year to evaluate a pupil’s knowledge and skills relative to a specific set of academic standards. (Amended by Stats. 2018, Ch. 865, Sec. 27. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60604. Source version: id_f66d63ce-898f-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) The Superintendent shall design and implement, consistent with the timetable and plan required pursuant to subdivision (b), a statewide pupil assessment system consistent with the testing requirements of this article in accordance with the objectives set forth in Section 60602.5. That system shall include all of the following: (1) Exclusive of the consortium assessments, a plan for producing or adopting valid, fair, and reliable achievement tests as recommended by the Superintendent and adopted by the state board pursuant to the California Assessment of Student Performance and Progress (CAASPP) established by Article 4 (commencing with Section 60640). (2) A plan for administering the consortium summative assessment as outlined by the joint agreement of the consortium. (3) Statewide academically rigorous content and performance standards that reflect the knowledge and complex skills that pupils will need in order to succeed in the information-based, global economy of the 21st century. These skills shall not include personal behavioral standards or skills, including, but not limited to, honesty, sociability, ethics, or self-esteem. (4) A statewide system that provides the results of testing in a manner that reflects the degree to which pupils are achieving the academically rigorous content and performance standards adopted by the state board. (5) The alignment of assessment with the statewide academically rigorous content and performance standards adopted by the state board. (6) The active, ongoing involvement of parents, classroom teachers, administrators, other educators, governing board members of school districts, business community members, institutions of higher education, and the public in all phases of the design and implementation of the statewide pupil assessment system. (7) A plan for ensuring the security and integrity of the CAASPP assessments. (8) The development of a contract or contracts with a contractor for the development or administration of achievement tests and performance tasks aligned to state-adopted content standards, including summative assessments or assessments that employ matrix sampling or population sampling methods. (b) The Superintendent shall develop and annually update for the Legislature a five-year cost projection, implementation plan for the CAASPP, and a timetable for implementing the system described in Section 60640. The annual update shall be submitted on or before March 1 of each year to the Department of Finance, the state board, and the respective chairpersons of the appropriate fiscal subcommittees considering budget appropriations and the appropriate policy committees in each house. The update shall explain any significant variations from the five-year cost projection for the current year budget and the proposed budget. (c) The Superintendent shall make resources available that are designed to assist with the interpretation and use of the CAASPP results to promote the use of the results for purposes of improving pupil learning and educational programs across the full curriculum. The Superintendent shall consider information already provided by assessment consortia to which California belongs or assessment contractors when fulfilling this requirement. (d) The Superintendent shall make information and resources available to parents, teachers, pupils, administrators, school board members, and the public regarding the CAASPP, including, but not necessarily limited to, system goals, purposes, scoring systems, results, valid uses of assessments, and information on the relationship between performance on the previous state assessments and the CAASPP. (e) The Superintendent and the state board shall consider comments and recommendations from teachers, administrators, pupil representatives, institutions of higher education, and the public in the development, adoption, and approval of assessment instruments. (f) The results of the achievement tests, exclusive of the consortium summative assessments, administered pursuant to Article 4 (commencing with Section 60640), shall be returned to the local educational agencies within the period of time specified by the state board. (Amended by Stats. 2014, Ch. 327, Sec. 18. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60604.5. Source version: id_f90ad044-8167-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) It is the intent of the Legislature that the reauthorization of the statewide pupil assessment program include all of the following: (1) A plan for transitioning to a system of high-quality assessments. (2) Alignment with the standards developed pursuant to subdivision (d) of Section 60605.8. (3) Any common assessments aligned with the standards developed pursuant to subdivision (d) of Section 60605.8. (4) Conformity to the assessment requirements of any reauthorization of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) or any other federal law that effectively replaces that act. (b) The Superintendent shall develop recommendations for the reauthorization of the statewide pupil assessment program. The recommendations shall include, but not be limited to, a plan for transitioning to a system of high-quality assessments. The recommendations shall consider including all of the following in the reauthorized assessment system: (1) Aligning the assessments to the standards adopted or revised pursuant to Section 60605.8. (2) Implementing and incorporating any common assessments aligned with the common set of standards developed by the Common Core State Standards Initiative consortium or other interstate collaboration in which the state participates. (3) Conforming to the assessment requirements of any reauthorization of the federal Elementary and Secondary Education Act (20 U.S.C. Sec. 6301 et seq.) or any other federal law that effectively replaces that act. (4) Enabling the valid, reliable, and fair measurement of achievement at a point in time and over time for groups and subgroups of pupils, and for individual pupils. (5) Allowing the comparison from one year to the next of an individual pupil’s scale scores in each content area tested, so as to reflect the growth in that pupil’s actual scores over time. (6) Enabling and including the valid, reliable, and fair measurement of achievement of all pupils, including pupils with disabilities and English learners. (7) Providing for the assessment of English learners using primary language assessments. (8) Ensuring that no aspect of the system creates any bias with respect to race, ethnicity, culture, religion, gender, or sexual orientation. (9) Incorporating a variety of item types and formats, including, but not limited to, open-ended responses and performance-based tasks. (10) Generating multiple measures of pupil achievement, which, when combined with other measures, can be used to determine the effectiveness of instruction and the extent of learning. (11) Including the assessment of science and history-social science in all grade levels at or above grade 4. (12) Assessing a pupil’s understanding of and ability to use the technology necessary for success in the 21st century classroom and workplace. (13) Providing for both formative and interim assessments, as those terms are defined in this chapter, in order to provide timely feedback for purposes of continually adjusting instruction to improve learning. (14) Making use of test administration and scoring technologies that will allow the return of test results to parents and teachers as soon as is possible in order to support instructional improvement. (15) Minimizing testing time while not jeopardizing the validity, reliability, fairness, or instructional usefulness of the assessment results. (16) Including options for diagnostic assessments for pupils in grade 2. (c) In developing the recommendations pursuant to this section, the Superintendent shall consult with all of the following: (1) The state board. (2) Measurement experts from California’s public and private universities. (3) Individuals with expertise in assessing pupils with disabilities and English learners. (4) Teachers, administrators, and governing board members, from California’s local educational agencies. (5) Parents. (d) The Superintendent shall report the recommendations developed pursuant to this section to the fiscal and appropriate policy committees of both houses of the Legislature on or before November 1, 2012. (Amended by Stats. 2018, Ch. 32, Sec. 105. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605. Source version: id_e73d5767-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) (1) (A) Not later than January 1, 1998, the state board shall adopt statewide academically rigorous content standards, pursuant to the recommendations of the Commission for the Establishment of Academic Content and Performance Standards, in the core curriculum areas of reading, writing, and mathematics to serve as the basis for assessing the academic achievement of individual pupils and of schools, school districts, and the California educational system. Not later than November 1, 1998, the state board shall adopt these standards in the core curriculum areas of history/social science and science. (B) The state board shall adopt statewide performance standards in the core curriculum areas of reading, writing, mathematics, history/social science, and science based on the recommendations made by the Superintendent of a contractor or contractors. (C) The state board shall require the contractor or contractors to submit performance standards to the Superintendent and the state board not later than a specified date that allows sufficient opportunity for the Superintendent to make a recommendation to the state board and for the state board to conduct regional hearings prior to the adoption of the performance standards. (2) (A) The state board may modify any proposed content standards or performance standards prior to adoption and may adopt content and performance standards in individual core curriculum areas as those standards are submitted to the state board. The state performance standards shall be established against specific grade level benchmarks of academic achievement for each subject area tested and shall be based on the knowledge and skills that pupils will need in order to succeed in the information-based, global economy of the 21st century. These skills shall not include personal behavioral standards or skills, including, but not limited to, honesty, sociability, ethics, or self-esteem. The standards adopted pursuant to this section shall be for the purpose of guiding state decisions regarding the development, adoption, and approval of assessment instruments pursuant to this chapter and does not mandate any actions or activities by school districts. (B) Because these standards are models, the adoption of these standards is not subject to the Administrative Procedure Act. This subparagraph is declaratory of existing law. (3) Before adopting academic content and performance standards, the state board shall hold regional hearings for the purpose of giving parents and other members of the public the opportunity to comment on the proposed standards. (b) (1) The state board shall ensure that the statewide assessment system adopted pursuant to this chapter yields valid, reliable individual pupil scores and, where applicable, aggregate school scores, school district scores, and statewide scores of pupils and assesses basic academic skills and content standards, including the use of a direct writing assessment or other applied academic skills if deemed valid and reliable and if resources are made available for their use. (2) This subdivision does not prevent the state board from developing or adopting an assessment instrument that also contains assessments of basic academic skills. (c) To the extent feasible and as otherwise required, the state board shall ensure that assessments developed, or contracted for pursuant to Section 60642.5, by the state are aligned with the statewide content and performance standards adopted pursuant to subdivision (a). The department, with the approval of the state board, periodically shall contract for a review of the achievement test for conformance with these standards. (d) After adopting statewide content and performance standards, the state board shall review the existing curriculum frameworks for conformity with the new statewide standards and shall modify the curriculum frameworks where appropriate to bring them into alignment with the standards. (e) The state board shall adopt regulations for the conduct and administration of the testing and assessment program. (f) The state board shall adopt a regulation for minimum security procedures that test and assessment publishers and school districts must follow to ensure the security and integrity of test and assessment questions and materials. (g) This section shall become inoperative on July 1, 2011. (Amended by Stats. 2008, Ch. 757, Sec. 11. Effective September 30, 2008. Inoperative July 1, 2011, by its own provisions.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.1. Source version: id_72186d14-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) No later than June 1, 2001, the State Board of Education shall adopt content standards, pursuant to recommendations developed by the Superintendent of Public Instruction, in the curriculum area of visual and performing arts. (b) The content standards are intended to provide a framework for programs that a school may offer in the instruction of visual or performing arts. Nothing in this section shall be construed to require a school to follow the content standards. (c) Nothing in this section shall be construed as mandating an assessment of pupils in visual or performing arts. (Added by Stats. 2000, Ch. 432, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.2. Source version: id_72677776-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) No later than December 1, 2004, the State Board of Education shall adopt model content standards, pursuant to recommendations developed by the Superintendent of Public Instruction, in the curriculum area of physical education. (b) The model content standards are intended to provide a framework for programs that a school may offer in the instruction of physical education. Nothing in this section shall be construed to require a school to follow the model content standards. (Added by Stats. 2002, Ch. 943, Sec. 6. Effective January 1, 2003.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.3. Source version: id_838f6e25-fce7-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) On or before June 1, 2009, the state board shall adopt content standards, pursuant to recommendations developed by the Superintendent, for teaching world languages in kindergarten and grades 1 to 12, inclusive. (b) The content standards shall support the goals of Section 51212 and subdivision (c) of Section 51220 by including all of the following: (1) A summary of the language goals which recognizes that instruction may begin in elementary or secondary school. (2) A description of individual language skills that should be taught and attained at each level. (3) Course content that is aligned with findings from research on second language acquisition and education. (4) Course content that is aligned with the admission requirements for the California State University and the University of California. (c) The content standards may be used by school districts to develop language programs and course assessments but are not mandatory. (Amended by Stats. 2018, Ch. 865, Sec. 28. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.4. Source version: id_deeb0856-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) On or before July 31, 2019, the Instructional Quality Commission shall consider developing and recommending to the state board computer science content standards for kindergarten and grades 1 to 12, inclusive, pursuant to recommendations developed by a group of computer science experts. The Instructional Quality Commission shall consider existing computer science content standards, which include, but are not limited to, the national K–12 computer science content standards developed by the Computer Science Teachers Association, and consider content standards that include, but are not necessarily limited to, standards for teaching coding. For purposes of this section, “coding” is the process of converting a program design into an accurate and detailed representation of that program in a suitable language. (b) (1) The Superintendent, in consultation with the state board, shall consider convening the group of experts referenced in subdivision (a), and shall ensure that the members of the group include, but are not necessarily limited to, all of the following: (A) Teachers who teach computer science, including mathematics and science teachers, in kindergarten and grades 1 to 12, inclusive. (B) Schoolsite principals. (C) School district or county office of education administrators. (D) University professors. (E) Representatives of private sector business or industry. (2) The Superintendent, in consultation with the state board, shall ensure that one-half of the members of the group are teachers as described in subparagraph (A) of paragraph (1). (c) The computer science content standards may be used by school districts to develop computer science programs and course assessments but are not mandatory. (d) The operation of this section is subject to an appropriation being made for purposes of this section in the annual Budget Act or another statute. (Added by Stats. 2014, Ch. 876, Sec. 1. (AB 1539) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.5. Source version: id_edacb264-e41a-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) (1) In consultation with the Instructional Quality Commission, the Superintendent shall recommend to the state board revisions to the World Language Content Standards for California Public Schools adopted by the state board in 2009 pursuant to Section 60605.3. (2) These recommended revisions shall be based on the work of the group of experts convened pursuant to subdivision (b). (3) On or before January 31, 2019, the Superintendent, in consultation with the Instructional Quality Commission, shall present his or her recommended revisions to the state board. (b) In consultation with the Instructional Quality Commission and the state board, the Superintendent shall select a group of experts in this subject area to assist the Superintendent in developing recommended revisions pursuant to this section. A majority of this group of experts shall be current public school elementary or secondary classroom teachers who have a professional teaching credential that is valid under state law. (c) (1) Before presenting his or her recommended revisions to the state board pursuant to paragraph (3) of subdivision (a), the Superintendent, in consultation with the Instructional Quality Commission, shall hold a minimum of two public hearings in order for the public to provide input on the recommended revisions. (2) The public hearings required by this subdivision shall be held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (d) (1) On or before March 31, 2019, the state board shall adopt, reject, or modify the recommended revisions. (2) If the state board modifies the recommended revisions, it shall do both of the following: (A) It shall explain, in writing, to the Governor and the Legislature the reasons for those modifications. (B) It shall, in a meeting conducted pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), provide written reasons for its modifications. The state board shall not adopt its modified revisions at the same meeting it provides its written reasons, but, instead, shall adopt these modified revisions at a subsequent meeting conducted on or before May 31, 2019. (3) If the state board rejects the recommended revisions, the state board shall transmit to the Superintendent, the Governor, and the appropriate policy and fiscal committees of the Legislature a detailed written explanation of its reasons for rejecting the recommended revisions. (e) If the state board adopts revisions to the World Language Content Standards for California Public Schools pursuant to paragraph (1) of subdivision (d) or subparagraph (B) of paragraph (2) of subdivision (d), the state board shall consider adopting curriculum framework and evaluation criteria for instructional materials that are aligned to the revised World Language Content Standards for California Public Schools on or before September 30, 2020, based on any recommendations the Instructional Quality Commission may make. (f) If the state board adopts revisions to the World Language Content Standards for California Public Schools pursuant to paragraph (1) of subdivision (d) or subparagraph (B) of paragraph (2) of subdivision (d), the state board may adopt instructional materials for kindergarten and grades 1 to 8, inclusive, that are aligned to the revised World Language Content Standards for California Public Schools on or before January 31, 2022, based on any recommendations the Instructional Quality Commission may make. (Amended by Stats. 2017, Ch. 561, Sec. 44. (AB 1516) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.6. Source version: id_f4405a06-e41a-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. Subject to the availability of funds appropriated in the annual Budget Act for this purpose, the Superintendent, upon approval of the state board, shall contract for the development and distribution of separate workbooks for each of grades 2 to 11, inclusive. Each pupil in grades 2 to 11, inclusive, who is required to take the achievement tests described in Section 60642.5 shall receive a copy of the workbook designed for the same grade level in which the pupil is enrolled. These workbooks shall contain material to assist pupils and their parents with standards-based learning, including the grade appropriate academic content standards adopted by the state board pursuant to Section 60605 and sample questions that require knowledge of these standards to answer. The workbooks also shall describe how the sample questions test knowledge of the state board adopted academic content standards. (Amended by Stats. 2017, Ch. 641, Sec. 15. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.7. Source version: id_01b89ba1-479c-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. The Superintendent, the state board, and any other entity or individual designated by the Governor shall participate in the Common Core State Standards Initiative consortium sponsored by the National Governors Association and the Council of Chief State School Officers or any associated or related interstate collaboration to jointly develop common high-quality standards or assessments aligned with the common set of standards. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 14. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.8. Source version: id_06812033-479c-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) There is hereby established the Academic Content Standards Commission. The commission shall consist of 21 members, appointed as follows: (1) Eleven members appointed by the Governor. (2) Five members appointed by the Senate Committee on Rules. (3) Five members appointed by the Speaker of the Assembly. (b) Members of the commission shall serve at the pleasure of the appointing authority. (c) Not less than half of the members appointed by each of the appointing authorities pursuant to subdivision (a) shall be current public school elementary or secondary classroom teachers. (d) The commission shall develop academic content standards in language arts and mathematics. The standards shall be internationally benchmarked and build toward college and career readiness by the time of high school graduation. Unless otherwise allowed by the Secretary of the United States Department of Education, at least 85 percent of these standards shall be the common core academic standards developed by the consortium or interstate collaboration set forth in Section 60605.7. (e) Pursuant to the Bagley-Keene Act, Article 9 (commencing with Sec. 11120) of Division 3 of Title 2 of the Government Code, all meetings and hearings of the commission shall be open and available to the public. (f) On or before July 15, 2010, the commission shall present its recommended academic content standards to the state board. (g) On or before August 2, 2010, the state board shall do either of the following: (1) Adopt the academic content standards as proposed by the commission. (2) Reject the academic content standards as proposed by the commission. If the state board rejects the standards it shall provide a specific written explanation to the Superintendent, the Governor, and the Legislature of the reasons why the proposed standards were rejected. (h) The Superintendent and state board shall present to the Governor and to the appropriate policy and fiscal committees of the Legislature a schedule and implementation plan for integrating the academic content standards adopted pursuant to this section into the state educational system. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 15. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.9. Source version: id_0a193b15-479c-11df-9e11-e89f589baa66 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. Notwithstanding any other provision of law, the limitation in paragraph (6) of subdivision (c) of Section 60200, which requires that other criteria be approved at least 30 months prior to the date that the materials are to be approved for adoption, shall not apply to instructional materials adopted by the state board that are aligned with the content standards adopted pursuant to Section 60605.8 in each of the content areas for which standards are revised or adopted. (Added by Stats. 2010, 5th Ex. Sess., Ch. 2, Sec. 16. (SB 1 5x) Effective April 12, 2010.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.10. Source version: id_a3923972-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. The Superintendent may recommend and the state board may adopt the college and career readiness anchor standards developed by the Common Core State Standards Initiative consortium. The state board may also take action to resolve any technical issues in the English language arts standards adopted pursuant to Section 60605.8. (Added by Stats. 2012, Ch. 654, Sec. 1. (SB 1200) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.11. Source version: id_ae8a9ac4-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) The Superintendent may recommend to the state board, and the state board may approve, modifications to the common core academic content standards in mathematics adopted by the state board pursuant to Section 60605.8. If the state board modifies the common core academic content standards in mathematics, it shall explain, in writing, to the Governor and the Legislature the reasons for modifying the standards. The Superintendent’s recommendations and the state board’s actions shall assist schools in the implementation of the standards. (1) In consultation with the state board, the Superintendent shall consult a group of experts in mathematics for purposes of developing recommendations pursuant to this section. The Superintendent shall ensure that the group of experts includes, but is not limited to, individuals who are teachers of mathematics in elementary and secondary schools, schoolsite principals, administrators of school districts or county offices of education, and university professors. Not less than one-half of the members of the group shall be currently employed public school teachers. (2) The Superintendent and the state board shall hold a minimum of two public hearings pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) in order for the public to provide input on the modifications recommended pursuant to this section. (3) On or before March 30, 2013, the Superintendent shall recommend modifications to the mathematics standards to the state board, and the state board, by that date, shall adopt, reject, or modify those recommendations. (b) The modifications to the common core academic content standards in mathematics that the Superintendent recommends to the state board and that the state board approves shall ensure all of the following: (1) The rigor of the state common core academic content standards in mathematics is maintained so that all high school graduates are prepared for college and careers, as specified in the common core academic content standards. (2) All of the common core academic standards developed by the consortium or interstate collaboration set forth in Section 60605.7 are adopted. (3) One set of standards is adopted at each grade level. (4) The content standards for algebra I are based upon the common core academic content standards for mathematics. (5) Redundant mathematics standards are eliminated. (6) The implementation of standards is improved. (7) Any technical issues in the standards are resolved. (8) The modifications amount to no more than 15 percent of the common core academic content standards adopted by the state board. (c) (1) Any modifications to the common core academic content standards in mathematics made pursuant to this section shall be incorporated into the curriculum framework and the evaluation criteria for mathematics for the purpose of adopting instructional materials in mathematics pursuant to Section 60207. (2) This subdivision shall become operative only if Assembly Bill 1246 of the 2011–12 Regular Session is chaptered and becomes effective. (Added by Stats. 2012, Ch. 654, Sec. 2. (SB 1200) Effective January 1, 2013.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60605.13. Source version: id_e69052c2-e41a-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) The Superintendent, in consultation with the Instructional Quality Commission, shall recommend to the state board revisions to the visual and performing arts content standards in the subjects of dance, theater, music, and visual arts adopted by the state board pursuant to Section 60605.1, and shall recommend visual and performing arts standards in the subject of media arts. (b) In consultation with the Instructional Quality Commission and the state board, the Superintendent shall select a group of experts in visual and performing arts for purposes of assisting the Superintendent in developing recommendations pursuant to this section. A majority of this group of experts shall be current public school elementary or secondary classroom teachers who have a professional teaching credential that is valid under state law. (c) The National Core Arts Standards in the subjects of dance, theater, music, visual arts, and media arts developed by the National Coalition for Core Arts Standards shall serve as the basis for deliberations regarding revisions to the visual and performing arts content standards and regarding recommended standards in media arts. (d) (1) The Superintendent, in consultation with the Instructional Quality Commission, shall hold a minimum of two public hearings in order for the public to provide input on the standards recommended pursuant to this section and the state board shall adopt, reject, or modify those recommendations at a subsequent public meeting. (2) The public hearings and meetings required by this subdivision shall be held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (e) On or before November 30, 2018, the Superintendent shall present to the state board the revised visual and performing arts content standards and recommended standards in media arts based on the work of the group of experts convened pursuant to subdivision (b), conducted in consultation with the Instructional Quality Commission. (f) (1) On or before January 31, 2019, the state board shall adopt, reject, or modify the standards recommended by the Superintendent pursuant to subdivision (a). If the state board modifies the standards recommended by the Superintendent, the state board shall explain, in writing, the reasons for modifying the recommended content standards to the Governor and the Legislature. (2) If the state board modifies the visual and performing arts content standards recommended by the Superintendent pursuant to subdivision (e), the state board shall, in a meeting conducted pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), provide written reasons for its revisions. The state board shall not adopt revised visual and performing arts content standards at the same meeting it provides its written reasons, but, instead, shall adopt these revisions at a subsequent meeting conducted no later than March 31, 2019. (3) If the state board rejects the visual and performing arts content standards recommended by the Superintendent pursuant to subdivision (e), the state board shall transmit to the Superintendent, the Governor, and the appropriate policy and fiscal committees of the Legislature a specific written explanation of the reasons for the rejection of the standards presented by the Superintendent. (g) If the visual and performing arts content standards are adopted pursuant to subdivision (f), the state board shall consider the adoption of a curriculum framework and evaluation criteria for instructional materials that are aligned to the visual and performing arts content standards no later than July 31, 2020, based on recommendations of the Instructional Quality Commission. (h) If the visual and performing arts content standards are adopted pursuant to subdivision (f), the state board may adopt instructional materials for kindergarten and grades 1 to 8, inclusive, that are aligned to the visual and performing arts content standards no later than November 30, 2021, based on recommendations of the Instructional Quality Commission. (Amended by Stats. 2017, Ch. 102, Sec. 2. (AB 37) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60607. Source version: id_ff7a6fe0-898f-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) Each pupil shall have an individual record of accomplishment by the end of grade 12 that includes the results of the achievement test required and administered annually as part of the California Assessment of Student Performance and Progress (CAASPP), or any predecessor assessments, established pursuant to Article 4 (commencing with Section 60640), results of end-of-course examinations he or she has taken, and the vocational education certification examinations he or she chose to take. (b) It is the intent of the Legislature that local educational agencies and schools use the results of the academic achievement tests administered annually as part of the CAASPP to provide support to pupils and parents or guardians in order to assist pupils in strengthening their development as learners, and thereby to improve their academic achievement and performance in subsequent assessments. (c) (1) Except for research provided for in former Section 49079.6, as it read on December 31, 2013, a pupil’s results or a record of accomplishment shall be private, and may not be released to any person, other than the pupil’s parent or guardian and a teacher, counselor, or administrator directly involved with the pupil, without the express written consent of either the parent or guardian of the pupil if the pupil is a minor, or the pupil if the pupil has reached the age of majority or is emancipated. (2) (A) Notwithstanding paragraph (1), a pupil or his or her parent or guardian may authorize the release of pupil results or a record of accomplishment to a postsecondary educational institution for the purpose of credit, placement, or admission. (B) Notwithstanding paragraph (1), the results of an individual pupil on the CAASPP may be released to a postsecondary educational institution for the purpose of credit, placement, or admission. (Amended by Stats. 2014, Ch. 327, Sec. 19. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60608. Source version: id_742e06b2-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. The governing board of each district shall, in accordance with the rules and regulations of the State Board of Education, conduct a testing program pursuant to this chapter and may also administer other tests. (Added by Stats. 1995, Ch. 975, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60610. Source version: id_2f8ca54e-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. At the request of the state board, and in accordance with rules and regulations that the state board may adopt, each county superintendent of schools shall cooperate with and assist school districts and charter schools under his or her jurisdiction in carrying out the testing programs of those school districts and charter schools and other duties imposed on school districts by this chapter. (Amended by Stats. 2013, Ch. 489, Sec. 10. (AB 484) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60611. Source version: id_0881d5a2-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. A local educational agency, district superintendent of schools, or principal or teacher of any elementary or secondary school, including a charter school, shall not carry on any program for the sole purpose of test preparation of pupils for the statewide pupil assessment system or a particular test used in the statewide pupil assessment system. Nothing in this section prohibits the use of materials to familiarize pupils with item types or the computer-based testing environment used in the California Assessment of Student Performance and Progress. (Amended by Stats. 2014, Ch. 327, Sec. 20. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60612. Source version: id_339dc0c2-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. Upon adoption or approval of assessments pursuant to this chapter, the Superintendent shall prepare, and make available to parents, teachers, pupils, administrators, school board members, and the public, easily understood materials, in accordance with subdivisions (c) and (d) of Section 60604, describing the nature and purposes of the assessments, the systems of scoring, and the valid uses to which the assessments will be put. The Superintendent shall produce the materials for parents in languages other than English in accordance with Section 48985. It is the intent of the Legislature that the department utilize the clearinghouse for multilingual documents to meet this requirement. The Superintendent shall consider information already provided by assessment consortia of which California is a member or assessment contractors when fulfilling this requirement. (Amended by Stats. 2013, Ch. 489, Sec. 12. (AB 484) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60613. Source version: id_75e9e78a-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. A school district is an agent of the State Department of Education for the purpose of administering a test or assessment required pursuant to this article. No action may be brought or maintained against any school district or its officers or employees acting in accordance with the instructions of the Superintendent of Public Instruction or the State Board of Education. (Amended by Stats. 1997, Ch. 828, Sec. 7. Effective October 10, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60614. Source version: id_762e91ac-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. Notwithstanding Section 51513, no test, examination, or assessment given as part of the statewide pupil assessment program shall contain any questions or items that solicit or invite disclosure of a pupil’s, or his or her parents’ or guardians’, personal beliefs or practices in sex, family life, morality, or religion nor shall it contain any question designed to evaluate personal behavioral characteristics, including, but not limited to, honesty, integrity, sociability, or self esteem. (Added by Stats. 1995, Ch. 975, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60615. Source version: id_767c638e-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. Notwithstanding any other provision of law, a parent’s or guardian’s written request to school officials to excuse his or her child from any or all parts of the assessments administered pursuant to this chapter shall be granted. (Added by Stats. 1995, Ch. 975, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60616. Source version: id_e83524ed-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. Any achievement test adopted by the state board pursuant to this chapter may be reviewed by any Member of the Legislature or any member of the governing board of a school district, if the member agrees in writing prior to the review to maintain the confidentiality of the test. (Amended by Stats. 2008, Ch. 757, Sec. 14. Effective September 30, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60617. Source version: id_77115092-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. The governing board of any school district may meet in closed session only to review the actual contents of any approved or adopted assessment, provided the governing board agrees by resolution to accept any terms or conditions for that review that are established by rules and regulations of the State Board of Education. The purpose of this provision is to maintain the confidentiality of the assessments under review. (Added by Stats. 1995, Ch. 975, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 2. Program Provisions [60604 - 60618] SECTION 60618. Source version: id_775d4db4-56f2-11dc-a24b-99c15015caf4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=2. (a) The academic content and performance standards adopted by the State Board of Education pursuant to Section 60605 that are used as standards for the purposes of this article are to be considered model standards for any other purpose. (b) School districts may use these model standards as a guideline in developing district standards. (Added by Stats. 1996, Ch. 920, Sec. 2. Effective January 1, 1997.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 3. Program Evaluation and Analysis [60630- 60630.] SECTION 60630. Source version: id_83f1c19e-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=3. (a) The Superintendent shall prepare and submit, and subsequently post on the internet website of the department, an annual report to the state board containing an analysis of the results and test scores of the summative assessments administered pursuant to Section 60640. The Superintendent shall notify the state board and the appropriate policy and fiscal committees of the Legislature that the annual report is available on the internet website of the department. (b) The Superintendent shall post a periodic update on the implementation of the California Assessment of Student Performance and Progress on the internet website of the department, and notify the state board and the appropriate policy and fiscal committees of the Legislature that the update is available on the internet website of the department. (Amended by Stats. 2020, Ch. 370, Sec. 89. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60640. Source version: id_b4202f91-e4af-11eb-ad04-a7886069fc3b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. (a) There is hereby established the California Assessment of Student Performance and Progress, to be known as the CAASPP. (b) Commencing with the 2013–14 school year, the CAASPP shall be composed of all of the following: (1) (A) A consortium summative assessment in English language arts and mathematics for grades 3 to 8, inclusive, and grade 11 that measures content standards adopted by the state board. (B) In the 2013–14 school year, the consortium summative assessment in English language arts and mathematics shall be a field test only, to enable the consortium to gauge the validity and reliability of these assessments and to conduct all necessary psychometric procedures and studies, including, but not necessarily limited to, achievement standard setting, and to allow the department to conduct studies regarding full implementation of the assessment system. These field tests and results shall not be used for any other purpose, including the calculation of any accountability measure. (2) (A) Science grade level assessments in grades 5, 8, and 10 that measure content standards adopted pursuant to Section 60605, until a successor assessment is implemented pursuant to subparagraph (B). (B) For science assessments, the Superintendent shall make a recommendation to the state board as soon as is feasible after the adoption of science content standards pursuant to former Section 60605.85, as that section read on June 30, 2014, regarding the assessment of the newly adopted standards. Before making recommendations, the Superintendent shall consult with stakeholders, including, but not necessarily limited to, California science teachers, individuals with expertise in assessing English learners and pupils with disabilities, parents, and measurement experts, regarding the grade level and type of assessment. The recommendations shall include cost estimates and a plan for implementation of at least one assessment in each of the following grade spans: (i) Grades 3 to 5, inclusive. (ii) Grades 6 to 9, inclusive. (iii) Grades 10 to 12, inclusive. (3) The California Alternate Performance Assessment in grades 2 to 11, inclusive, in English language arts and mathematics and science in grades 5, 8, and 10, which measures content standards adopted pursuant to Section 60605 until a successor assessment is implemented. The successor assessment shall be limited to the grades and subject areas assessed pursuant to paragraph (1) and subparagraph (B) of paragraph (2). (4) The Early Assessment Program established by Chapter 6 (commencing with Section 99300) of Part 65 of Division 14 of Title 3. (5) (A) A local educational agency may administer a primary language assessment aligned to the English language arts standards adopted pursuant to Section 60605, as it read on January 1, 2013, to pupils who are identified as limited English proficient and enrolled in any of grades 2 to 11, inclusive, until a subsequent primary language assessment aligned to the common core standards in English language arts adopted pursuant to Section 60605.8 is developed pursuant to subparagraph (E). (B) If a local educational agency chooses to administer a primary language assessment to pupils identified as limited English proficient and enrolled in any of grades 2 to 11, inclusive, pursuant to subparagraph (A), it shall notify the department in a manner to be determined by the department and the costs shall be paid by the state and included as part of the testing contract, and the department shall provide the local educational agency a per pupil apportionment for administering the assessment pursuant to subdivision (l). (C) The Superintendent shall consult with stakeholders, including assessment and English learner experts, to determine the content and purpose of a stand-alone language arts summative assessment in primary languages other than English that aligns with the English language arts content standards. The Superintendent shall consider the appropriate purpose for this assessment, including, but not necessarily limited to, support for the State Seal of Biliteracy and accountability. It is the intent of the Legislature that an assessment developed pursuant to this section be included in the state accountability system. (D) The Superintendent shall report and make recommendations to the state board at a regularly scheduled public meeting no sooner than one year after the first full administration of the consortium computer-adaptive assessments in English language arts and mathematics summative assessments in grades 3 to 8, inclusive, and grade 11, regarding an implementation timeline and estimated costs of a stand-alone language arts summative assessment in primary languages other than English. (E) The Superintendent shall develop, and the state board shall adopt, a primary language assessment. The Superintendent shall administer this assessment no later than the 2016–17 school year. (F) This paragraph shall be operative only to the extent that funding is provided in the annual Budget Act or another statute for the purpose of this section. (c) No later than March 1, 2016, the Superintendent shall submit to the state board recommendations on expanding the CAASPP to include additional assessments, for consideration at a regularly scheduled public meeting. The Superintendent shall also submit these recommendations to the appropriate policy and fiscal committees of the Legislature and to the Director of Finance in accordance with all of the following: (1) In consultation with stakeholders, including, but not necessarily limited to, California teachers, individuals with expertise in assessing English learners and pupils with disabilities, parents, and measurement experts, the Superintendent shall make recommendations regarding assessments, including the grade level, content, and type of assessment. These recommendations shall take into consideration the assessments already administered or planned pursuant to subdivision (b). The Superintendent shall consider the use of consortium-developed assessments, various item types, computer-based testing, and a timeline for implementation. (2) The recommendations shall consider assessments in subjects, including, but not necessarily limited to, history-social science, technology, visual and performing arts, and other subjects as appropriate, as well as English language arts, mathematics, and science assessments to augment the assessments required under subdivision (b), and the use of various assessment options, including, but not necessarily limited to, computer-based tests, locally scored performance tasks, and portfolios. (3) The recommendations shall include the use of an assessment calendar that would schedule the assessments identified pursuant to paragraph (2) over several years, the use of matrix sampling, if appropriate, and the use of population sampling. (4) The recommendations shall include a timeline for test development, and shall include cost estimates for subject areas, as appropriate. (5) Upon approval by the state board and the appropriation of funding for this purpose, the Superintendent shall develop and administer approved assessments. The state board shall approve test blueprints, achievement level descriptors, testing periods, performance standards, and a reporting plan for each approved assessment. (6) The Superintendent shall convene an advisory panel, consisting of, but not necessarily limited to, secondary teachers, school administrators, school board members, parents, a student chosen from among the two finalists who were not appointed by the Governor to serve as the student member on the state board pursuant to Section 33000.5, representatives of a dropout recovery charter school operating pursuant to subdivision (f) of Section 47605.1, measurement experts, and individuals with expertise in assessing English learners and pupils with disabilities, to provide recommendations to the Superintendent on the continuation of the high school exit examination, described in Chapter 9 (commencing with Section 60850), and on alternative pathways to satisfy the high school graduation requirements pursuant to Sections 51224.5 and 51225.3. (d) For the 2013–14 and 2014–15 school years, the department shall make available to local educational agencies Standardized Testing and Reporting Program test forms no longer required by the CAASPP. The cost of implementing this subdivision, including, but not necessarily limited to, shipping, printing, scoring, and reporting per pupil shall be the same for all local educational agencies, and shall not exceed the marginal cost of the assessment, including any cost the department incurs to implement this section. A local educational agency that chooses to administer an assessment pursuant to this subdivision shall do so at its own expense, and shall enter into an agreement for that purpose with a contractor, subject to the approval of the department. (e) The Superintendent shall make available a paper and pencil version of any computer-based CAASPP assessment for use by pupils who are unable to access the computer-based version of the assessment for a maximum of three years after a new operational test is first administered. (f) (1) From the funds available for that purpose, each local educational agency shall administer assessments to each of its pupils pursuant to subdivision (b). These assessments shall include the use of accessibility resources, as may be determined by the department, and those determinations shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). As allowable by federal statute, recently arrived English learner pupils are exempted from taking the assessment in English language arts. The state board shall establish a testing period to provide that all schools administer these tests to pupils at approximately the same time during the instructional year. The testing period established by the state board shall take into consideration the need of local educational agencies to provide makeup days for pupils who were absent during testing, as well as the need to schedule testing on electronic computing devices. (2) For the 2013–14 school year, each local educational agency shall administer the field tests in a manner described by the department in consultation with the president or executive director of the state board. Additional participants in the field test beyond the representative sample may be approved by the department, and the department shall use existing contract savings to fund local educational agency participation in one or more tests per participant. Funds for this purpose shall be used to allow for maximum participation in the field tests across the state. To the extent savings in the current contract are not available to fully fund this participation, the department shall prorate available funds by test. Local educational agencies shall bear any additional costs to administer these assessments that are in excess of the contracted amount. With the approval of the state board and the Director of Finance, the department shall amend the existing assessment contract to accommodate field testing beyond the representative sample, and to allow for special studies using information collected from the field tests. (g) From the funds available for that purpose, each local educational agency shall administer assessments as determined by the state board pursuant to paragraph (5) of subdivision (c). (h) As feasible, the CAASPP field tests shall be conducted in a manner that will minimize the testing burden on individual schools. The CAASPP field tests shall not produce individual pupil scores unless it is determined that these scores are valid and reliable. (i) The governing board of a school district may administer achievement tests in grades other than those required by this section as it deems appropriate. (j) Subject to the approval of the state board, the department may make available to local educational agencies a primary language assessment aligned to the English language arts standards adopted pursuant to Section 60605, as it read on January 1, 2013, for assessing pupils who are enrolled in a dual language immersion program that includes the primary language of the assessment and who are either nonlimited English proficient or redesignated fluent English proficient until a subsequent primary language assessment aligned to the common core standards in English language arts adopted pursuant to Section 60605.8 is developed pursuant to paragraph (5) of subdivision (b). The cost for the assessment shall be the same for all local educational agencies and shall not exceed the marginal cost of the assessment, including any cost the department incurs to implement this section. A local educational agency that elects to administer a primary language assessment pursuant to this subdivision shall do so at its own expense and shall enter into an agreement for that purpose with the state testing contractor, subject to the approval of the department. (k) Pursuant to Section 1412(a)(16) of Title 20 of the United States Code, individuals with exceptional needs, as defined in Section 56026, shall be included in the testing requirement of subdivision (b) with appropriate accommodations in administration, where necessary, and the individuals with exceptional needs who are unable to participate in the testing, even with accommodations, shall be given an alternate assessment. (l) (1) The Superintendent shall apportion funds appropriated for these purposes to local educational agencies to enable them to meet the requirements of subdivisions (b) and (c). (A) For the CAASPP field tests administered in the 2013–14 school year or later school years, the Superintendent shall apportion funds to local educational agencies if funds are specifically provided for this purpose in the annual Budget Act. (B) The Superintendent shall apportion funds to local educational agencies to enable them to administer assessments used to satisfy the voluntary Early Assessment Program in the 2013–14 school year pursuant to paragraph (4) of subdivision (b). (2) The state board annually shall establish the amount of funding to be apportioned to local educational agencies for each test administered and annually shall establish the amount that each contractor shall be paid for each test administered under the contracts required pursuant to Section 60643. The amounts to be paid to the contractors shall be determined by considering the cost estimates submitted by each contractor each September and the amount included in the annual Budget Act, and by making allowance for the estimated costs to local educational agencies for compliance with the requirements of subdivisions (b) and (c). The state board shall take into account changes to local educational agency test administration activities under the CAASPP, including, but not limited to, the number and type of tests administered and changes in computerized test registration and administration procedures, when establishing the amount of funding to be apportioned to local educational agencies for each test administered. (3) An adjustment to the amount of funding to be apportioned per test shall not be valid without the approval of the Director of Finance. A request for approval of an adjustment to the amount of funding to be apportioned per test shall be submitted in writing to the Director of Finance and the chairpersons of the fiscal committees of both houses of the Legislature with accompanying material justifying the proposed adjustment. The Director of Finance is authorized to approve only those adjustments related to activities required by statute. The Director of Finance shall approve or disapprove the amount within 30 days of receipt of the request and shall notify the chairpersons of the fiscal committees of both houses of the Legislature of the decision. (m) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation for the apportionments made pursuant to paragraph (1) of subdivision (l), and the payments made to the contractors under the contracts required pursuant to Section 60643 or subparagraph (C) of paragraph (1) of subdivision (a) of Section 60605 between the department and the contractor, are “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the applicable fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for that fiscal year. (n) As a condition to receiving an apportionment pursuant to subdivision (l), a local educational agency shall report to the Superintendent all of the following: (1) The pupils enrolled in the local educational agency in the grades in which assessments were administered pursuant to subdivisions (b) and (c). (2) The pupils to whom an achievement test was administered pursuant to subdivisions (b) and (c) in the local educational agency. (3) The pupils in paragraph (1) who were exempted from the test pursuant to this section. (o) The Superintendent and the state board are authorized and encouraged to assist postsecondary educational institutions to use the assessment results of the CAASPP, including, but not necessarily limited to, the grade 11 consortium summative assessments in English language arts and mathematics, for academic credit, placement, or admissions processes. (p) Subject to the availability of funds in the annual Budget Act for this purpose, and exclusive of the consortium assessments, the Superintendent, with the approval of the state board, annually shall release to the public test items from the achievement tests pursuant to Section 60642.5 administered in previous years. Where feasible and practicable, the minimum number of test items released per year shall be equal to 25 percent of the total number of test items on the test administered in the previous year. (q) On or before July 1, 2014, Sections 850 to 868, inclusive, of Title 5 of the California Code of Regulations shall be revised by the state board to conform to the changes made to this section in the first year of the 2013–14 Regular Session. The state board shall adopt initial regulations as emergency regulations to immediately implement the CAASPP assessments, including, but not necessarily limited to, the administration, scoring, and reporting of the tests, as the adoption of emergency regulations is necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. The emergency regulations shall be followed by the adoption of permanent regulations, in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2021, Ch. 44, Sec. 106. (AB 130) Effective July 9, 2021.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60641. Source version: id_c88fcefd-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. (a) The department shall ensure that local educational agencies comply with each of the following requirements: (1) The achievement tests provided for in Section 60640 are scheduled to be administered to all pupils, inclusive of pupils enrolled in charter schools and exclusive of pupils exempted pursuant to Section 60640, during the period prescribed in subdivision (b) of Section 60640. (2) For assessments that produce valid individual pupil results, the individual results of each pupil tested pursuant to Section 60640 shall be reported, in writing, to the parent or guardian of the pupil. The report shall include a clear explanation of the purpose of the test, the score of the pupil, and the intended use by the local educational agency of the test score. This subdivision does not require teachers or other local educational agency personnel to prepare individualized explanations of the test score of each pupil. It is the intent of the Legislature that this section does not preclude a school or school district from meeting the reporting requirement by the use of electronic media formats that secure the confidentiality of the pupil and the pupil’s results. State agencies or local educational agencies shall not use a comparison resulting from the scores and results of the California Assessment of Student Performance and Progress (CAASPP) assessments and the assessment scores and results from assessments that measured previously adopted content standards. (3) (A) For assessments that produce valid individual pupil results, the individual results of each pupil tested pursuant to Section 60640 also shall be reported to the school and teachers of a pupil. The local educational agency shall include the test results of a pupil in the pupil’s records. However, except as provided in this section and Section 60607, personally identifiable pupil test results only may be released with the permission of either the pupil’s parent or guardian if the pupil is a minor, or the pupil if the pupil has reached the age of majority or is emancipated. (B) Notwithstanding subparagraph (A) and pursuant to subdivision (c) of Section 60607, a pupil or the pupil’s parent or guardian may authorize the release of individual pupil results to a postsecondary educational institution for purposes of credit, placement, determination of readiness for college-level coursework, or admission. (4) The districtwide, school-level, and grade-level results of the CAASPP in each of the grades designated pursuant to Section 60640, but not the score or relative position of any individually ascertainable pupil, shall be reported to the governing board of the school district at a regularly scheduled meeting, and the countywide, school-level, and grade-level results for classes and programs under the jurisdiction of the county office of education shall be similarly reported to the county board of education at a regularly scheduled meeting. (b) The state board shall adopt regulations that outline a calendar for delivery and receipt of summative assessment results at the pupil, school, grade, district, county, and state levels. The calendar shall include delivery dates to the department, consistent with the deadline specified in subdivision (c), and to local educational agencies. The calendar for delivery shall provide for the timely return of assessment results, and consider the amount of paper-and-pencil administered assessments and number of items requiring hand scoring. The calendar shall also ensure that individual assessment results are reported to local educational agencies within eight weeks of receipt by the contractor for scoring. (c) The department shall make statewide summative assessment results publicly available on or before October 15 each year. (d) Aggregated, disaggregated, or group scores or reports that include the results of the CAASPP assessments, inclusive of the reports developed pursuant to Section 60630, shall not be publicly reported to any party other than the school or local educational agency where the pupils were tested, if the aggregated, disaggregated, or group scores or reports are comprised of 10 or fewer individual pupil assessment results. Exclusive of the reports developed pursuant to Section 60630, in no case shall any group score or report be displayed that would deliberately or inadvertently make the score or performance of any individual pupil or teacher identifiable. (e) The department shall ensure that pupils in grade 11, or parents or legal guardians of those pupils, may request results from grade 11 assessments administered as part of the CAASPP for purposes of determining credit, placement, or readiness for college-level coursework be released to a postsecondary educational institution. (Amended by Stats. 2023, Ch. 177, Sec. 1. (SB 293) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60642.5. Source version: id_e98cc5b5-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. (a) The Superintendent, with approval of the state board, shall provide for the development of an assessment instrument, to be called the California Standards Tests, that measures the degree to which pupils are achieving the academically rigorous content standards and performance standards, to the extent standards have been adopted by the state board. These standards-based achievement tests shall contain the subject areas specified in paragraph (3) of subdivision (a) of Section 60603 for grades 2 to 8, inclusive, and shall include an assessment in history/social science in at least one elementary or middle school grade level selected by the state board and science in at least one elementary or middle school grade level selected by the state board, and the core curriculum areas specified in paragraph (5) of subdivision (a) of Section 60603 for grades 9 to 11, inclusive, except that history-social science shall not be included in the grade 9 assessment unless the state board adopts academic content standards for a grade 9 history-social science course, and shall include, at a minimum, a direct writing assessment once in elementary school and once in middle or junior high school and other items of applied academic skill if deemed valid and reliable and if resources are made available for their use. (b) In approving a contract for the development or administration of the California Standards Tests, the state board shall consider each of the following criteria: (1) The ability of the contractor to produce valid, reliable individual pupil scores. (2) The ability of the contractor to report results pursuant to subdivision (a) of Section 60643 by August 8. (3) The ability of the contractor to ensure alignment between the standards-based achievement test and the academically rigorous content and performance standards as those standards are adopted by the state board. This criterion shall include the ability of the contractor to implement a process to establish and maintain alignment between the test items and the standards. (4) The per pupil cost estimates of developing and, if appropriate, administering the proposed assessment with a system to facilitate the determination of future per pupil cost determinations. (5) The procedures of the contractor to ensure the security and integrity of test questions and materials. (6) The experience of the contractor in successfully conducting testing programs adopted and administered by other states. For experience to be considered, the number of grades and pupils tested shall be provided. (c) The standards-based achievement tests may use items from other tests. (Amended by Stats. 2008, Ch. 757, Sec. 19. Effective September 30, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60642.6. Source version: id_073baa68-e41b-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. (a) The department shall acquire, and offer at no cost to local educational agencies, interim and formative assessment tools for kindergarten and grades 1 to 12, inclusive, as provided through the consortium membership pursuant to Section 60605.7. The interim assessments shall be designed to provide timely feedback to teachers that they may use, in combination with other sources of information they have about their pupils’ progress, to continually adjust instruction to improve learning. (b) A local educational agency that elects to use the interim assessments provided for under this section shall ensure that teachers who administer the assessments have access to all functions and information, which are designed for teacher use, relating to the assessments and pupil performance on the assessments. (c) All interim assessments offered pursuant to this section shall be developed in close consultation with current classroom teachers at each grade level assessed for the purpose of soliciting feedback regarding the capacity of the interim assessments to provide timely feedback to allow teachers to continually adjust instruction to improve learning. (Amended by Stats. 2017, Ch. 752, Sec. 2. (AB 1035) Effective January 1, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60642.7. Source version: id_df21d8bf-20e9-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. (a) Interim assessments offered by the department to local educational agencies, including those offered pursuant to Section 60642.6, are intended for the purposes of improving teaching and pupil learning. Results of the assessments may be used to provide timely feedback to teachers that they may use to continually adjust instruction to improve learning, for communication with pupils’ parents or guardians, and for use by teachers in identifying professional development goals. (b) Results from the interim assessments offered by the department, including those offered pursuant to Section 60642.6, shall not be used for any high-stakes purpose, including, but not limited to, teacher or other school staff evaluation, accountability, pupil grade promotion or retention, graduation, course or class placement, identification for gifted or talented education, reclassification of English learners, or identification as an individual with exceptional needs. (Amended by Stats. 2023, Ch. 48, Sec. 86. (SB 114) Effective July 10, 2023.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60643. Source version: id_10a30156-8168-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. (a) Notwithstanding any other law, the contractor or contractors of the achievement tests provided for in Section 60640 shall comply with all of the conditions and requirements of the contract to the satisfaction of the Superintendent and the state board. (b) (1) The department shall develop, and the Superintendent and the state board shall approve, a contract or contracts to be entered into with a contractor in connection with the tests provided for in Sections 60640 and 60810. The department may develop the contract through negotiations. In approving a contract amendment to the contract authorized pursuant to this section, the department, in consultation with the state board, may make material amendments to the contract that do not increase the contract cost. Contract amendments that increase contract costs may only be made with the approval of the department, the state board, and the Department of Finance. (2) For purposes of the contracts authorized pursuant to this subdivision, the department is exempt from the requirements of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code and from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. The department shall use a competitive and open process utilizing standardized scoring criteria through which to select a potential administration contractor or contractors for recommendation to the state board for consideration. The state board shall consider each of the following criteria: (A) The ability of the contractor to produce valid and reliable scores. (B) The ability of the contractor to report accurate results in a timely fashion. (C) Exclusive of the consortium assessments, the ability of the contractor to ensure technical adequacy of the tests, inclusive of the alignment between the California Assessment of Student Performance and Progress tests and the state-adopted content standards. (D) The cost of the assessment system. (E) The ability and proposed procedures to ensure the security and integrity of the assessment system. (F) The experience of the contractor in successfully conducting statewide testing programs in other states. (3) The contracts shall include provisions for progress payments to the contractor for work performed or costs incurred in the performance of the contract. Not less than 10 percent of the amount budgeted for each separate and distinct component task per test administration provided for in each contract shall be withheld pending final completion of all component tasks by that contractor. The total amount withheld pending final completion shall not exceed 10 percent of the total contract price for that test administration. (4) The contracts shall require liquidated damages to be paid by the contractor in the amount of up to 10 percent of the total cost of the contract for any component task per test administration that the contractor through its own fault or that of its subcontractors fails to substantially perform as specified in the agreement. (5) The contracts shall establish the process and criteria by which the successful completion of each component task shall be recommended by the department and approved by the state board. (6) The contractors shall submit, as part of the contract negotiation process, a proposed budget and invoice schedule, that includes a detailed listing of the costs for each component task and the expected date of the invoice for each completed component task. (7) The contract or contracts subject to approval by the Superintendent and the state board under paragraph (1) and exempt under paragraph (2) shall specify the following component tasks, as applicable, that are separate and distinct: (A) Development of new tests or test items. (B) Test materials production or publication. (C) Delivery or electronic distribution of test materials to local educational agencies. (D) Test processing, scoring, and analyses. (E) Reporting of test results to the local educational agencies, including, but not necessarily limited to, all reports specified in this section. (F) Reporting of valid and reliable test results to the department, including, but not necessarily limited to, the following electronic files: (i) Scores aggregated statewide, and by county, school district, school, and grade. (ii) Disaggregated scores based on English proficiency status, gender, ethnicity, socioeconomic disadvantage, foster care status, and special education designation. (G) All other analyses or reports required by the Superintendent to meet the requirements of state and federal law and set forth in the agreement. (H) Technology services to support the activities listed in subparagraphs (A) to (G), inclusive. (I) Perform regular performance checks and load simulations to ensure the integrity and robustness of the technology system used to support the activities listed in subparagraphs (A) to (G), inclusive. (Amended by Stats. 2018, Ch. 32, Sec. 106. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60643.6. Source version: id_2c83843a-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. A local educational agency shall be reimbursed by the contractor selected pursuant to this article for any unexpected expenses incurred due to scheduling changes that resulted from the late delivery of testing materials in connection with the California Assessment of Student Performance and Progress. (Amended by Stats. 2014, Ch. 327, Sec. 24. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60644. Source version: id_adc5cb4a-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. (a) By November 1, 2014, the department shall identify and make available to school districts information regarding existing assessments in language arts and mathematics that are aligned to the common core academic content standards adopted pursuant to Section 60605.8 and appropriate for pupils in grade 2 for diagnostic use by classroom teachers. The purpose of these assessments shall be to aid teachers and to gain information about the developing language arts and computational skills of pupils in grade 2. (b) The savings realized from the elimination of the grade 2 standards-based achievement testing shall be used by local educational agencies to administer the assessments identified pursuant to subdivision (a). (c) The department shall ensure that the selected grade 2 diagnostic assessments are valid for purposes of identifying particular knowledge or skills a pupil has or has not acquired in order to inform instruction and make educational decisions. The selected grade 2 diagnostic assessments shall not be valid measures for purposes of pupil, personnel, or local educational agency accountability. (Added by Stats. 2013, Ch. 479, Sec. 1. (SB 247) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60647. Source version: id_eab259fb-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. An action to challenge a provision of this article or a determination made by the state board under this article, shall be filed and adjudicated pursuant to Sections 860 to 870, inclusive, of the Code of Civil Procedure. No exercise of discretion by the state board in its administration of this article or exercise of its discretion pursuant to Section 60605 shall be overturned absent a finding that the state board acted in an arbitrary and capricious manner. (Amended by Stats. 2008, Ch. 757, Sec. 23. Effective September 30, 2008.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60648. Source version: id_343d5c5c-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. Exclusive of consortium summative assessments, the Superintendent shall recommend, and the state board shall adopt, performance standards on the California Assessment of Student Performance and Progress summative tests administered pursuant to this article. The performance levels shall identify and establish the minimum performance required for meeting a particular achievement level expectation. Once adopted, these standards shall be reviewed by the state board every five years to determine whether adjustments are necessary. (Amended by Stats. 2014, Ch. 327, Sec. 25. (AB 1599) Effective January 1, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5. California Assessment of Academic Achievement [60600 - 60648.5] ARTICLE 4. California Assessment of Student Performance and Progress [60640 - 60648.5] SECTION 60648.5. Source version: id_b06b96ec-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.&article=4. (a) The first full administration of assessments aligned to the common core standards in English language arts and mathematics shall occur in the 2014–15 school year unless the state board determines that the assessments cannot be fully implemented. (b) The department shall determine how school districts are progressing toward implementation of a technology-enabled assessment system, and the extent to which the assessments aligned to the common core standards in English language arts and mathematics can be fully implemented. The department shall provide a report and recommendations to the state board, the Department of Finance, and the appropriate fiscal and policy committees of the Legislature on or before October 1, 2014. (c) Based on the information in the report required under this section, the state board shall determine whether the state shall fully implement the operational consortium computer-adaptive summative assessments in English language arts and mathematics in grades 3 to 8, inclusive, and grade 11 for the 2014–15 school year. (Added by Stats. 2013, Ch. 489, Sec. 24. (AB 484) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5.5. Review of Electronic Resources Capable of Analyzing Pupil Assessment Data [60660 - 60663] SECTION 60660. Source version: id_fcbc59b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.5.&article= The Superintendent of Public Instruction shall require the California Learning Resource Network to establish, by December 31, 2004, review criteria and a review process for the identification and review of electronic learning assessment resources. (Added by Stats. 2004, Ch. 397, Sec. 2. Effective September 9, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5.5. Review of Electronic Resources Capable of Analyzing Pupil Assessment Data [60660 - 60663] SECTION 60661. Source version: id_fcbc59b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.5.&article= (a) The review performed by the California Learning Resource Network shall identify new and existing electronic learning assessment resources capable of assisting schools and school districts to analyze assessment information for the purpose of designing instructional plans to improve pupil achievement and shall include a descriptive model for use by administrators and teachers that differentiates and compares the capabilities of the different types of identified electronic learning assessment resources. (b) The descriptive model shall include, but not be limited to, all of the following criteria: (1) The ability to report the results of the statewide pupil assessment programs in aggregate and disaggregate forms for analysis by administrators and teachers to plan for improved pupil achievement. (2) The ability to quickly identify achievement gaps. (3) The ability to link results of assessment to instructional strategies that are aligned to state adopted content standards and the curriculum frameworks. (4) The extent to which information can be tailored to individual pupil level, classroom level, school level, school district level, and state level data. (5) The ability to reduce the overhead and additional cost of assisting teachers and school administrators to plan and align instruction to address academic deficiencies identified by both standardized and criterion referenced academic assessments. (c) In performing its review, the California Learning Resource Network may not make subjective evaluations of the electronic learning assessment resources under review and shall limit its review to the factual capabilities of those resources. (d) The existing external evaluation of the California Learning Resource Network will determine the overall cost and benefits of providing statewide assessment information resources as described in this chapter and the extent to which school administrators and teachers access and use the information provided to accomplish all of the following: (1) Make use of state assessment information to inform instructional planning. (2) Link instruction to the state-adopted content standards. (3) Save time and financial resources related to instructional planning. (4) Target instruction to the academic needs of pupils. (e) The Superintendent of Public Instruction shall provide a written report of the results of the external evaluation of the ongoing review process to the Director of Finance, the Legislative Analyst, the State Board of Education, and the appropriate policy and fiscal committees of the Legislature by January 1, 2006. (Added by Stats. 2004, Ch. 397, Sec. 2. Effective September 9, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5.5. Review of Electronic Resources Capable of Analyzing Pupil Assessment Data [60660 - 60663] SECTION 60662. Source version: id_fcbde055-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.5.&article= In its review of electronic learning assessment resources, the California Learning Resource Network shall explore the feasibility of creating, implementing, and maintaining an online customer feedback system that would allow purchasers of electronic learning assessment resources identified and reviewed to document the extent to which these electronic learning assessment resources contribute to improved instructional planning. (Added by Stats. 2004, Ch. 397, Sec. 2. Effective September 9, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 5.5. Review of Electronic Resources Capable of Analyzing Pupil Assessment Data [60660 - 60663] SECTION 60663. Source version: id_fcbde057-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=5.5.&article= The Superintendent of Public Instruction shall direct the California Learning Resource Network to implement the provisions of this chapter by prioritizing the use of existing budgeted resources available to the network. (Added by Stats. 2004, Ch. 397, Sec. 2. Effective September 9, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 6. Physical Fitness Testing [60800- 60800.] SECTION 60800. Source version: id_1202b288-ca36-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=6.&article= (a) During the month of February, March, April, or May, the governing board of each school district maintaining any of grades 5, 7, and 9 shall administer to each pupil in those grades the physical performance test designated by the state board. Each pupil with a physical disability and each pupil who is physically unable to take all of the physical performance test shall be given as much of the test as his or her condition will permit. (b) Upon request of the department, a school district shall submit to the department, at least once every two years, the results of its physical performance testing. (c) Pupils shall be provided with their individual results after completing the physical performance testing. The test results may be provided orally as the pupil completes the testing. (d) The governing board of a school district shall report the aggregate results of its physical performance testing administered pursuant to this section in its annual school accountability report card required by Sections 33126 and 35256. (Amended by Stats. 2016, Ch. 186, Sec. 59. (AB 2659) Effective January 1, 2017.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 7. Assessment of Language Development [60810 - 60812] SECTION 60810. Source version: id_e10f16f8-2cc0-11ef-9c49-0dfd355c4075 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=7.&article= (a) (1) The Superintendent shall review existing assessments that assess the English language development of pupils whose primary language is a language other than English. The assessment for initial identification and the summative assessment shall include, but not be limited to, an assessment of achievement of these pupils in English reading, speaking, and written skills. The Superintendent shall determine which assessments, if any, meet the requirements of subdivisions (b) to (f), inclusive. If any existing assessment or series of assessments meets these criteria, the Superintendent, with approval of the state board, shall report to the Legislature on its findings and recommendations. (2) If no suitable assessment exists, the Superintendent shall explore the option of a collaborative effort with other states to develop an assessment or series of assessments and share assessment development costs. If no suitable assessment exists, the Superintendent, with the approval of the state board, shall either release a request for proposals for the development of an assessment or series of assessments that meets the criteria of subdivisions (b) to (f), inclusive, contract to modify an existing assessment or series of assessments so that it will meet the requirements of subdivisions (b) to (f), inclusive, or amend the contract authorized pursuant to Section 60643 so that an assessment or a series of assessments are developed or modified to meet the requirements of subdivisions (b) to (f), inclusive. The state board shall approve assessment blueprints, assessment performance descriptors, and performance-level cut scores based on standard settings. (3) The Superintendent shall apportion funds appropriated to enable school districts to meet the requirements of subdivisions (c) and (e). The state board shall establish the amount of funding to be apportioned per assessment administered, based on a review of the cost per assessment for initial identification and summative assessment purposes. (4) An adjustment to the amount of funding to be apportioned per assessment is not valid without the approval of the Director of Finance. A request for approval of an adjustment to the amount of funding to be apportioned per assessment shall be submitted in writing to the Director of Finance and the chairpersons of the fiscal committees of both houses of the Legislature with accompanying material justifying the proposed adjustment. The Director of Finance is authorized to approve only those adjustments related to activities required by statute. The Director of Finance shall approve or disapprove the amount within 30 days of receipt of the request and shall notify the chairpersons of the fiscal committees of both houses of the Legislature of the decision. (b) (1) The assessment or series of assessments developed or acquired pursuant to subdivision (a) shall have sufficient range to assess pupils in grades 2 to 12, inclusive, in English listening, speaking, reading, and writing skills. These assessments shall include the use of accessibility resources, as may be determined by the department, and those determinations shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Pupils in kindergarten and grade 1 shall be assessed in English listening and speaking, and, once an assessment is developed, early literacy skills. Six months after the results of three administrations are collected, but no later than June 30, 2013, the department shall report to the Legislature on the administration of the kindergarten and grade 1 early literacy assessment results, as well as on the administrative process, in order to determine whether reauthorization of the early literacy assessment is appropriate. (2) In the development and administration of the assessment for pupils in kindergarten and grade 1, the department shall minimize any additional assessment time, to the extent possible. To the extent that it is technically possible, items that are used to assess listening and speaking shall be used to measure early literacy skills. The department shall ensure that the assessment and procedures for its administration are age and developmentally appropriate. Age- and developmentally appropriate procedures for administration may include, but are not limited to, one-on-one administration, a small group setting, and orally responding or circling a response to a question. (3) For purposes of this subdivision, “kindergarten” does not include transitional kindergarten. (4) The assessment for initial identification developed or acquired pursuant to subdivision (a) shall have sufficient range to identify if the pupil is an English learner, as defined by Section 306. (c) The assessment for initial identification shall meet all of the following requirements: (1) Have psychometric properties of reliability and validity deemed adequate by technical experts. (2) Be capable of administration to pupils with any primary language other than English. (3) Be capable of administration by classroom teachers. (4) Not discriminate on the basis of race, ethnicity, or gender. (5) Be aligned with the standards for English language development adopted by the state board pursuant to Section 60811.3, as it read on June 30, 2013. (6) Be age and developmentally appropriate for pupils. (d) The assessment for initial identification shall be used to identify pupils who are limited English proficient. (e) The summative assessment shall meet all of the following requirements: (1) Provide sufficient information about pupils at each grade level to determine levels of proficiency ranging from no English proficiency to fluent English proficiency with at least two intermediate levels. (2) Yield scores that allow comparison of the growth of a pupil over time, that may be tied to readiness for various instructional options, and that may be aggregated for use in the evaluation of program effectiveness. (3) Have psychometric properties of reliability and validity deemed adequate by technical experts. (4) Be capable of administration to pupils with any primary language other than English. (5) Be capable of administration by classroom teachers. (6) Not discriminate on the basis of race, ethnicity, or gender. (7) Be aligned with the standards for English language development adopted by the state board pursuant to Section 60811.3, as it read on June 30, 2013. (8) Be age and developmentally appropriate for pupils. (f) The summative assessment shall be used for both of the following purposes: (1) To identify the level of English language proficiency of pupils who are limited English proficient. (2) To assess the progress of limited-English-proficient pupils in acquiring the skills of listening, reading, speaking, and writing in English. (g) (1) A pupil in any of grades 3 to 12, inclusive, shall not be required to retake those portions of the assessment that measure English language skills for which the pupil has previously tested as advanced within each appropriate grade span, as determined by the department in accordance with paragraph (8) of subdivision (e). (2) Notwithstanding paragraph (1), a pupil in any of grades 10 to 12, inclusive, shall not be required to retake those portions of the assessment that measure English language skills for which the pupil has previously tested as early advanced or advanced. (3) This subdivision shall not be implemented unless and until the department receives written documentation from the United States Department of Education that implementation is permitted by federal law. (h) (1) The Superintendent shall not administer an assessment for initial identification or a summative assessment pursuant to this section until both assessments are developed and adopted by the state board. (2) The Superintendent shall report to the appropriate policy committees of the Legislature when the assessments are ready for their initial administration. (Amended by Stats. 2024, Ch. 15, Sec. 3. (AB 2268) Effective June 14, 2024. Note: See administrative conditions in subd. (g).) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 7. Assessment of Language Development [60810 - 60812] SECTION 60811. Source version: id_44f06a42-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=7.&article= The state board shall approve standards for English language development for pupils whose primary language is a language other than English. The standards shall be comparable in rigor and specificity to the standards for English language arts adopted pursuant to Section 60605.8, the standards for mathematics adopted pursuant to Sections 60605.8 and 60605.11, and the standards for science adopted pursuant to Section 60605.85. (Amended by Stats. 2013, Ch. 709, Sec. 1. (AB 899) Effective January 1, 2014.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 7. Assessment of Language Development [60810 - 60812] SECTION 60811.8. Source version: id_ce100acf-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=7.&article= (a) Commencing in the 2019–20 school year, a middle school or high school pupil who is classified as an English learner, except as specified in subdivision (d), shall not be denied participation in the standard instructional program of a school by being denied any of the following: (1) Enrollment in courses that are part of the standard instructional program of the school that the pupil attends. For purposes of this section, “standard instructional program” means, at a minimum, core curriculum courses, as defined in clause (i) of subparagraph (B) of paragraph (6) of subdivision (b) of Section 33126, courses required to meet state and local graduation requirements, and courses required for middle school grade promotion. (2) Enrollment in a full course load of courses that are part of the standard instructional program. (3) Enrollment in courses that are not part of a school’s standard instructional program that either meet the subject matter requirements for purposes of recognition for college admission pursuant to Section 66205.5 or are advanced courses, such as honors or advanced placement courses, on the sole basis of a pupil’s classification as an English learner. (b) Nothing in this section shall be construed to require a school to create supplemental courses in languages other than English. (c) For purposes of this section, “pupil” includes a pupil attending a school operated by a school district or a county office of education, a charter school, or the state special schools for the blind and the deaf. (d) (1) Provided that, pursuant to federal law, the pupil’s course of study is designed to remedy any academic deficits incurred during participation and that the pupil’s course of study is reasonably calculated to enable that pupil to attain parity of participation in the standard instructional program within a reasonable length of time after the pupil enters the school system, the following pupils may be denied access to enrollment in a course described in paragraph (1) of subdivision (a): (A) (i) A middle school or high school pupil who is classified as an English learner and who is a newcomer pupil. (ii) For purposes of clause (i), “newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code. (B) A middle school or high school pupil who is classified as an English learner and who is participating in a program designed to meet the academic and transitional needs of newcomer pupils that has as a primary objective the development of English language proficiency. (2) This section shall not be construed to prohibit, restrict, or discourage the enrollment of a pupil described in paragraph (1) in courses described in paragraph (1) of subdivision (a). (Amended by Stats. 2023, Ch. 342, Sec. 5. (AB 714) Effective January 1, 2024.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 33. INSTRUCTIONAL MATERIALS AND TESTING [60000 - 60910] CHAPTER 7. Assessment of Language Development [60810 - 60812] SECTION 60812. Source version: id_fcbf6703-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=33.&chapter=7.&article= Commencing the school year following the year in which the Superintendent of Public Instruction has developed or identified a test pursuant to this chapter, the State Department of Education shall place the results of the statewide test, including average scores for every school district on its Internet site for public access. (Added by Stats. 1999, Ch. 678, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62000. Source version: id_4e848e80-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= “Sunset” and “sunset date,” as used in this part, mean the date on which specific categorical programs cease to be operative and Sections 62002, 62003, 62004, 62005, and 62005.5 govern program funding. The educational programs referred to in this part shall cease to be operative on the date specified, unless the Legislature enacts legislation to continue the program. (Amended by Stats. 2004, Ch. 193, Sec. 12. Effective January 1, 2005.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62000.2. Source version: id_9ec7ccf6-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= The following programs shall sunset on June 30, 1987: (a) Miller-Unruh Basic Reading Act of 1965. (b) School improvement program. (c) Bilingual education. (Amended by Stats. 2006, Ch. 79, Sec. 20. Effective July 19, 2006.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62001. Source version: id_fccb9c37-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= (a) The intent of the Legislature in enacting this section is to assure a thorough review of programs listed in this part and the funding sources thereof, so that they most effectively, efficiently, and economically meet the needs of pupils and improve schools. It is not the intent of the Legislature in enacting this section to remove resources from pupils with special needs or to cease efforts to improve the schools. (b) It was the intent of the Legislature in enacting this part to ensure that each categorical program is thoroughly reviewed. It was also intended that programs would be reviewed the year prior to the sunset date so that school districts and county offices of education would not be subject to unnecessary confusion and disruption in planning and administering those programs. (c) It is further the intent of the Legislature that the legislative review of programs specified in this part shall consider the appropriateness of state administration by agencies other than by the State Department of Education, such as the Commission on Teacher Credentialing and the Board of Governors of the California Community Colleges. (Amended by Stats. 1991, Ch. 223, Sec. 8.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62002. Source version: id_fccb9c39-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= If the Legislature does not enact legislation to continue a program listed in this part, the funding of that program shall continue for the general purposes of that program as specified in the provisions relating to the establishment and operation of the program. The funds shall be disbursed according to the identification criteria and allocation formulas for the program in effect on the date the program shall cease to be operative pursuant to this part both with regard to state-to-district and district-to-school disbursements. The funds shall be used for the intended purposes of the program, but all relevant statutes and regulations adopted thereto regarding the use of the funds shall not be operative, except as specified in Section 62002.5. (Amended by Stats. 1991, Ch. 223, Sec. 9.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62002.5. Source version: id_fccb9c3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= Parent advisory committees and school site councils which are in existence pursuant to statutes or regulations as of January 1, 1979, shall continue subsequent to the termination of funding for the programs sunsetted by this chapter. Any school receiving funds from Economic Impact Aid or Bilingual Education Aid subsequent to the sunsetting of these programs as provided in this chapter, shall establish a school site council in conformance with the requirements in Section 52012. The functions and responsibilities of such advisory committees and school site councils shall continue as prescribed by the appropriate law or regulation in effect as of January 1, 1979. (Amended by Stats. 1983, Ch. 1270, Sec. 12.5. Effective September 30, 1983.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62003. Source version: id_fccb9c3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= The Department of Education shall apportion the funds specified in Section 62002 to school districts and shall audit the use of such funds to ensure that such funds are expended for eligible pupils according to the purposes for which the legislation was originally established for such programs. (Added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62004. Source version: id_fccd22df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= The State Auditor shall audit, on a sampling basis, school districts’ use of the funds specified in Section 62002. (Amended by Stats. 2003, Ch. 107, Sec. 6. Effective January 1, 2004.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62005. Source version: id_fccd22e1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= If the Superintendent of Public Instruction determines that a school district did not comply with the provisions of this chapter, any apportionment subsequently made pursuant to Section 62003 shall be reduced by two times the amount the superintendent determines was not used in compliance with the provisions of this chapter. (Added by Stats. 1979, Ch. 282.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 34. EVALUATION AND SUNSETTING OF PROGRAMS [62000 - 62005.5] CHAPTER 1. General Provisions [62000 - 62005.5] SECTION 62005.5. Source version: id_fccd22e3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=34.&chapter=1.&article= Notwithstanding Section 62005, if the Superintendent of Public Instruction determines that a school district or county superintendent of schools fails to comply with the purposes of the funds apportioned pursuant to Section 62003, the Superintendent of Public Instruction may terminate the funding to that district or county superintendent beginning with the next succeeding fiscal year. (Added by Stats. 1981, Ch. 100, Sec. 32.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 35. USE OF CATEGORICAL FUNDS [63000 - 63001] CHAPTER 1. Expenditure for Direct Services to Pupils [63000 - 63001] SECTION 63000. Source version: id_8d95a1fe-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=35.&chapter=1.&article= The provisions of this chapter shall apply to funds received for the following categorical programs: (a) Child care and development programs pursuant to Chapter 2 (commencing with Section 8200) of Part 6. (b) School and Library Improvement Block Grant pursuant to Article 7 (commencing with Section 41570) of Chapter 3.2 of Part 24. (c) Bilingual education programs pursuant to Article 1 (commencing with Section 52000) and Article 3 (commencing with Section 52160) of Chapter 7 of Part 28. (d) Economic Impact Aid programs pursuant to Chapter 1 (commencing with Section 54000) of Part 29. (e) The Miller-Unruh Basic Reading Act of 1965 pursuant to Chapter 2 (commencing with Section 54100) of Part 29. (f) Compensatory education programs pursuant to Chapter 4 (commencing with Section 54400) of Part 29, except for programs for migrant children pursuant to Article 3 (commencing with Section 54440) of Chapter 4 of Part 29. (Amended by Stats. 2006, Ch. 730, Sec. 18. Effective January 1, 2007.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 35. USE OF CATEGORICAL FUNDS [63000 - 63001] CHAPTER 1. Expenditure for Direct Services to Pupils [63000 - 63001] SECTION 63001. Source version: id_ba022eb4-1c73-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=35.&chapter=1.&article= A school district that, in a fiscal year, receives an apportionment for a program specified in Section 63000 shall use no less than 85 percent of that apportionment at schoolsites for direct services to pupils. (Amended by Stats. 2015, Ch. 19, Sec. 119. (SB 78) Effective June 24, 2015.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 36. CONSOLIDATED APPLICATION PROCESS [64000- 64000.] SECTION 64000. Source version: id_bfbe13b7-fce7-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=36.&chapter=&article= (a) For purposes of this part, Part 37 (commencing with Section 64001), and Part 38 (commencing with Section 65000), a local educational agency is defined as a county office of education, school district, or charter school. (b) Each local educational agency that elects to apply for funds under this part may submit to the department for approval by the state board a single consolidated application for approval or continuance of those federal categorical programs subject to this part. (c) This part shall apply to applications for funds under the following programs: (1) Federal funds provided to the state through the federal Elementary and Secondary Education Act of 1965 (ESEA) (Public Law 89-10), as amended by the federal Every Student Succeeds Act (ESSA) (Public Law 114-95). These funds exclude those congressional acts funded other than ESEA or ESSA that are provided through federal acts or grants separate from ESEA or ESSA and those ESSA funds that are allocated separately from the consolidated application process. (2) State categorical programs that are not funded through the local control funding formula. Carryover funds from state categorical programs that have a sunset under their own provisions shall be subject to this part. (d) The consolidated application shall include annual certifications by the school district English learner parent advisory committee, if one has been established pursuant to Section 52063, that the application was developed with the review and advice of that committee. (Amended by Stats. 2018, Ch. 471, Sec. 3. (AB 716) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 37. SCHOOL PLANS FOR STUDENT ACHIEVEMENT [64001- 64001.] SECTION 64001. Source version: id_923d505e-a419-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=37.&chapter=&article= (a) Notwithstanding any other law, as a condition of receiving funding for a program under Part 36 (commencing with Section 64000), a local educational agency shall ensure that each school of the local educational agency that operates any programs subject to Part 36 (commencing with Section 64000) consolidates any plans that are required by those programs into a single plan, unless otherwise prohibited by law. That plan shall be known as the School Plan for Student Achievement (SPSA). If a plan is not required by a program subject to Part 36 (commencing with Section 64000), the governing board or body of a local educational agency may require any school that receives funding from the consolidated application to develop a SPSA. (b) A local educational agency shall not be required to submit the SPSA to the department as part of the consolidated application. (c) A local educational agency shall ensure, in the consolidated application, that the SPSA has been prepared in accordance with law, that schoolsite councils have developed and approved a SPSA for each school participating in programs funded through the consolidated application process, and that SPSAs were developed with the review, certification, and advice of the school English learner advisory committee, if required. (d) The department shall monitor and review to ensure that the consolidated application and the SPSA were developed in accordance with law and with the involvement of applicable advisory committees and schoolsite councils. (e) Onsite school and district compliance reviews of categorical programs shall continue, and SPSAs shall be required and reviewed as part of these onsite visits and compliance reviews. The Superintendent shall monitor such compliance. To that end, the Superintendent shall develop monitoring instruments and establish the process and frequency for conducting reviews of school district achievement and compliance with state and federal categorical program requirements. The state board shall review the content of these instruments for consistency with state board policy. (f) (1) A complaint that a local educational agency has not complied with the requirements of Part 36 (commencing with Section 64000), this part, or Part 38 (commencing with Section 65000) may be filed with a local educational agency pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1 (commencing with Section 4600) of Division 1 of Title 5 of the California Code of Regulations. (2) The department may require submission of the SPSA for any school that is the specific subject of a complaint involving any program or service subject to this part. (3) The department may require a local educational agency to submit other data or information as may be necessary for the department to effectively administer any program subject to this part. (g) (1) Notwithstanding any other law, the schoolsite council shall develop the content of the SPSA. SPSAs shall be reviewed in accordance with paragraph (4) of subdivision (a) of Section 52062. (2) The development of the SPSA shall include both of the following actions: (A) Administration of a comprehensive needs assessment pursuant to Section 1114(b)(6) of the federal Every Student Succeeds Act (Public Law 114-95) that forms the basis of the school’s goals contained in the SPSA. The comprehensive needs assessment shall include an analysis of verifiable state data, consistent with all state priorities as noted in Sections 52060 and 52066, and informed by all indicators described in Section 1111(c)(4)(B) of the federal Every Student Succeeds Act, including pupil performance against state-determined long-term goals. The school may include any data voluntarily developed by school districts to measure pupil outcomes. If the plan is required by the local governing board or body of the local educational agency only, the local governing board or body of the local educational agency may determine the extent to which the needs assessment applies. (B) Identification of the process for evaluating and monitoring the implementation of the SPSA and progress towards accomplishing the goals set forth in the SPSA. (3) The SPSA shall include all of the following: (A) Goals set to improve pupil outcomes, including addressing the needs of pupil groups as identified through the needs assessment in subparagraph (A) of paragraph (2). (B) Evidence-based strategies, actions, or services. (C) Proposed expenditures, based on the projected resource allocation from the governing board or body of the local educational agency, to address the findings of the needs assessment consistent with the state priorities, including identifying resource inequities, which may include a review of the local educational agency’s budgeting, its local control and accountability plan, and school-level budgeting, if applicable. (h) SPSAs created under this part may serve as school improvement plans required under federal law for schools identified for targeted support as described in Section 1003(e)(1)(A) of the federal Every Student Succeeds Act (Public Law 114-95) or comprehensive support as described in Section 1003(e)(1)(B) of the federal Every Student Succeeds Act, as long as the SPSAs also meet the requirements as established by the federal Elementary and Secondary Education Act of 1965 (Public Law 89-10), as amended by the federal Every Student Succeeds Act. A local educational agency may use the schoolsite council to meet the stakeholder requirements established in Section 1111(d)(1)(B) and Section 1111(d)(2)(B) of the federal Every Student Succeeds Act. (i) The SPSA required by this section shall be reviewed annually and updated, including proposed expenditure of funds allocated to the school through the consolidated application and the local control and accountability plan, if any, by the schoolsite council. The SPSAs shall be reviewed and approved by the governing board or body of the local educational agency at a regularly scheduled meeting whenever there are material changes that affect the academic programs for pupils covered by programs identified in this part. If a SPSA is not approved by the governing board or body of the local educational agency, specific reasons for that action shall be communicated to the schoolsite council. Modifications to any SPSA shall be developed, recommended, and approved or disapproved by the governing board or body of the local educational agency in the same manner. (j) Single school districts and charter schools may use the local control and accountability plan to serve as the SPSA, provided that the local control and accountability plan meets federal school planning requirements and the stakeholder requirements established in subdivision (a) of Section 52062, and is adopted at a public hearing pursuant to Section 52062 or 47606.5, as applicable. (Amended by Stats. 2019, Ch. 51, Sec. 56. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 37.5. CATEGORICAL FUNDING [64100- 64100.] SECTION 64100. Source version: id_fcd33c85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=37.5.&chapter=&article= It is the intent of the Legislature that all funding for categorical programs that are funded according to formulas based on indicators of pupils’ needs shall be based on district counts of pupils meeting the criteria for the programs. It is further the intent of the Legislature to use the information gained from the reports required by this act to revise and update the funding formulas for categorical programs, as necessary, to ensure that funding is distributed to school districts based on updated indicators of pupils’ needs. (Amended by Stats. 1994, Ch. 922, Sec. 171. Effective January 1, 1995.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 38. SCHOOLSITE COUNCILS [65000 - 65001] SECTION 65000. Source version: id_7504f4f9-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=38.&chapter=&article= (a) It is the intent of the Legislature that, to the extent possible, the members of the schoolsite council represent the composition of the school’s pupil population. It is also the intent of the Legislature that, notwithstanding the size of the school, the composition of the schoolsite council ensure parity between the groups referenced in paragraphs (1) and (2) of subdivision (c). (b) A school that operates a program that requires a School Plan for Student Achievement, pursuant to Section 64001, shall establish a schoolsite council. (c) (1) At an elementary school, the schoolsite council shall consist of both of the following groups: (A) The principal of the school or his or her designee; classroom teachers employed at the school, selected by classroom teachers employed at the school; and school personnel employed at the school who are not teachers, selected by school personnel employed at the school who are not teachers. The classroom teachers selected pursuant to this subparagraph shall constitute a majority of the persons selected pursuant to this subparagraph. (B) Parents of pupils attending the school, or other members of the school community, selected by parents of pupils attending the school. The number of persons selected pursuant to this subparagraph shall equal the number of persons selected pursuant to subparagraph (A). (2) At a secondary school, the schoolsite council shall consist of both of the following groups: (A) The principal of the school or his or her designee; classroom teachers employed at the school, selected by classroom teachers employed at the school; and school personnel employed at the school who are not teachers, selected by school personnel employed at the school who are not teachers. The classroom teachers selected pursuant to this subparagraph shall constitute a majority of the persons selected pursuant to this subparagraph. (B) Parents of pupils attending the school, or other members of the school community, selected by parents of pupils attending the school; and pupils attending the school, selected by pupils who are attending the school. The number of persons selected pursuant to this subparagraph shall equal the number of persons selected pursuant to subparagraph (A). (d) An employee of a school who is also a parent or guardian of a pupil who attends a school other than the school of the parent’s or guardian’s employment is not disqualified by this employment from serving as a parent representative on the schoolsite council established for the school that his or her child or ward attends. (Added by Stats. 2018, Ch. 471, Sec. 7. (AB 716) Effective January 1, 2019.) ============================================================================== TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] DIVISION 4. INSTRUCTION AND SERVICES [46000 - 65001] PART 38. SCHOOLSITE COUNCILS [65000 - 65001] SECTION 65001. Source version: id_9b592980-a419-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=2.&division=4.&part=38.&chapter=&article= (a) Schools with a common site administration may operate a shared schoolsite council if the schoolsite has a pupil population of less than 300. (b) Up to three schools with a combined pupil population of less than 1,000 may operate a shared schoolsite council if the schools have at least one of the following characteristics: (1) A shared campus. (2) Geographic proximity to one another with similar pupil populations. (c) In the case of a shared schoolsite council, each council shall be composed of members in a manner consistent with subdivision (c) of Section 65000. (d) (1) If the requirement in paragraph (2) is met, a school with a population of fewer than 300 pupils may operate a schoolsite council that has the representation of all of the following: (A) One principal. (B) One teacher, selected by the teachers. (C) One school staff member representing the other school personnel, selected by the other school personnel. (D) If the school is an elementary school, three parents or community members selected by parents, or if the school is a secondary school, two parents or community members selected by parents and one pupil selected by the pupils. (2) The local governing board or body of the local educational agency shall obtain approval from its local bargaining unit, if applicable. (e) The state board may grant a waiver of any provision of this part to a school district or county office of education. A school district governing board or county board of education, on behalf of a schoolsite council, may request that the state board grant a waiver of any provision of this part. (f) The state board may adopt rules and regulations as necessary to implement the provisions of this part. (Amended by Stats. 2019, Ch. 51, Sec. 57. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 1. Leland Stanford Junior University [94000 - 94021] ARTICLE 1. Corporate Power [94000 - 94002] SECTION 94000. Source version: id_00a3a5cb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=1.&article=1. The trustees of the Leland Stanford Junior University may exercise corporate powers and privileges. To that end they may: (a) Organize and act as a board of trustees. (b) Elect such officers of the board as they deem necessary. (c) Adopt bylaws. As a board, and through the officers thereof, they may transact such business, perform such acts and exercise such powers as they in writing provide may be transacted, performed, and exercised by the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 1. Leland Stanford Junior University [94000 - 94021] ARTICLE 1. Corporate Power [94000 - 94002] SECTION 94001. Source version: id_00a3a5cd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=1.&article=1. The board may adopt a seal which shall read, “Seal of the Leland Stanford Junior University.” The seal, when attached to any document or writing is prima facie evidence that the document or writing was made by and under due authority from the board and from the trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 1. Leland Stanford Junior University [94000 - 94021] ARTICLE 1. Corporate Power [94000 - 94002] SECTION 94002. Source version: id_00a3a5cf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=1.&article=1. Nothing in this article shall be deemed to alter the tenure or limit the powers or obligations of the trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 1. Leland Stanford Junior University [94000 - 94021] ARTICLE 2. Tuition [94010- 94010.] SECTION 94010. Source version: id_00a3a5d3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=1.&article=2. The trustees of the Leland Stanford Junior University may charge residents and nonresidents of this state such fees for tuition, as are necessary for the administration of the affairs of the university. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 1. Leland Stanford Junior University [94000 - 94021] ARTICLE 3. Taxation [94020 - 94021] SECTION 94020. Source version: id_00a52c77-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=1.&article=3. The exemption from taxation of the Leland Stanford Junior University is as provided in Section 3 of Article XIII of the California Constitution. However, the university shall hold exempt from taxation all real property used by it exclusively for educational purposes. (Amended by Stats. 1993, Ch. 8, Sec. 50. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 1. Leland Stanford Junior University [94000 - 94021] ARTICLE 3. Taxation [94020 - 94021] SECTION 94021. Source version: id_00a52c79-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=1.&article=3. Property held in trust for the founding, maintenance or benefit of the Leland Stanford Junior University shall be deemed to be held and used by the university exclusively for educational purposes as required by Section 2 of Article XX of the California Constitution if it constitutes part of a medical facility wherein medical students, interns, residents and fellows receive medical training or participate in medical research. It is the intent and purpose of this section to clarify Section 2 of Article XX of the California Constitution and to clarify the provisions of Section 94020. (Amended by Stats. 1993, Ch. 8, Sec. 51. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 1.5. General Provisions [94050- 94050.] SECTION 94050. Source version: id_00a6b31d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=1.5.&article= (a) It is the intent of the Legislature in enacting this chapter to prevent deceptive and misleading use of the terms “college” and “university” by businesses and other organizations that present themselves as institutions of higher education but are not authorized to operate as private postsecondary educational institutions under Chapter 7 (commencing with Section 94700). (b) No person shall designate a business, social, political, religious, or other organization operating in this state, including, but not limited to, any firm, association, partnership, or corporation, as a “college” or “university.” (c) This section does not apply to the designation of any of the following: (1) A postsecondary or vocational educational institution established, operated, and governed by a public entity, or by a firm, association, partnership, or corporation using the name of that institution with the permission of the institution. (2) A nonprofit religious institution described in paragraph (6) of subdivision (b) of Section 94739. (3) A bona fide trade, business, professional, or fraternal organization that either sponsors no educational services or sponsors educational services solely for the membership of the organization. (d) Any person violating this section is guilty of a misdemeanor. (Amended by Stats. 2002, Ch. 405, Sec. 66. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 1. Purpose [94100 - 94103] SECTION 94100. Source version: id_00a6b323-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=1. It is the purpose of this chapter to accomplish all of the following: (a) To give this and future generations of youth the fullest opportunity to learn and develop their intellectual and mental capacities by providing private institutions of higher education within the state with an additional means by which to expand, enlarge, and establish dormitory, academic, and related facilities, to finance those facilities, and to refinance existing facilities. (b) To provide private and public institutions of higher education within the state with an additional means to assist students in financing their costs of attendance. (c) To develop student, faculty, and staff housing on or near public and participating private institutions of higher education through the use of agreements with participating nonprofit entities. (d) To make grants to private institutions of higher education to assist students in preparing for higher education and college entrance, pursuant to Article 9 (commencing with Section 94215). (Amended by Stats. 2002, Ch. 1081, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 1. Purpose [94100 - 94103] SECTION 94101. Source version: id_00a6b325-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=1. This chapter shall be known and may be cited as the California Educational Facilities Authority Act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 1. Purpose [94100 - 94103] SECTION 94102. Source version: id_00a839c7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=1. All assets and obligations of the California Student Loan Authority, as of the effective date of the act that enacts this section during the 1995–96 Regular Session, are hereby transferred to, and assumed by, the California Educational Facilities Authority. All of those assets shall be used solely for student loan purposes. (Added by Stats. 1995, Ch. 917, Sec. 3. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 1. Purpose [94100 - 94103] SECTION 94102.1. Source version: id_63b4427a-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=1. In addition to the definition provided in Section 94110, “student loan” may also mean loan assumptions pursuant to Article 5 (commencing with Section 69612) of Chapter 2 of Part 42 of Division 5. (Added by Stats. 2014, Ch. 34, Sec. 33. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 1. Purpose [94100 - 94103] SECTION 94103. Source version: id_3eb14a3f-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=1. (a) Notwithstanding any other provision of law, no city, county, city and county, district, or other local jurisdiction shall operate, or request or authorize another entity, including, but not necessarily limited to, a corporation, either directly or through an intermediary, to do either of the following: (1) Finance, or purchase or take assignments of, or make commitments to finance, any loan, or otherwise acquire any student loan note, including, but not necessarily limited to, any loan guaranteed under the Federal Family Education Loan Program established under Title IV of the federal Higher Education Act of 1965, that is made to finance or refinance the costs of attendance at any institution of higher education, including any public and nonprofit private or independent degree-granting educational institution. (2) Issue bonds, notes, debentures, or other securities involving any loan, including, but not necessarily limited to, any loan guaranteed under the Federal Family Education Loan Program established under Title IV of the federal Higher Education Act of 1965, that is made to finance or refinance the costs of attendance at any institution of higher education, including any public and nonprofit private or independent degree-granting educational institution. (b) Any entity that, as of January 1, 2006, is not qualified to be awarded an allocation of the state’s annual private activity volume cap to issue qualified scholarship funding bonds, as defined in subsection (d) of Section 150 of Title 26 of the United States Code as it exists on January 1, 2006, shall obtain approval from the authority to operate as a qualified scholarship funding corporation within the meaning of subsection (d) of Section 150 of Title 26 of the United States Code as it exists on January 1, 2006. (Added by Stats. 2005, Ch. 318, Sec. 12. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 2. Definitions [94110- 94110.] SECTION 94110. Source version: id_1d35868b-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=2. As used in this chapter, the following words and terms have the following meanings, unless the context indicates or requires another or different meaning or intent: (a) “Authority” means the California Educational Facilities Authority created by this chapter or any board, body, commission, department, or officer succeeding to the principal functions of the authority or to whom the power conferred upon the authority by this chapter is given by law. (b) “Bond” means bonds, notes, debentures, securities, or other evidences of indebtedness of the authority issued pursuant to this chapter. (c) “Cost,” as applied to a project or portion of a project financed under this chapter, means all, or any part of, the cost of construction and acquisition of lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interests acquired or used for a project, the cost of demolishing or removing buildings or structures on acquired land, including the cost of acquiring lands to which the buildings or structures may be moved, the cost of machinery and equipment, financing charges, interest before, during, and for a period after completion of, the construction as determined by the authority, provisions for working capital, reserves for principal and interest and for extension, enlargements, additions, replacements, renovations and improvements, the cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates, administrative expenses, and other expenses necessary or incidental to determining the feasibility of constructing a project or incident to the construction or acquisition or financing of a project. (d) “Dormitory” means a housing unit with necessary and usual attendant and related facilities and equipment. (e) (1) “Educational facility” means a dormitory, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, health care facility (including for an institution of higher education that maintains and operates a school of medicine, structures or facilities designed to provide services as a hospital or clinic, whether the hospital or clinic is operated directly by the institution of higher education or by a separate nonprofit corporation, the members of which consist of the educational institution or the members of its governing body), faculty and staff housing, parking, maintenance, storage, or utility facilities, and other related structures or facilities used for student instruction, conducting research, or operating an institution for higher education, and related facilities and equipment. (2) “Educational facility” does not include a facility used, or to be used, for sectarian instruction or as a place for religious worship, or a facility used, or to be used, primarily in connection with a part of the program of a school or department of divinity. (f) “Faculty and staff housing” means a residential unit owned by a participating college or participating nonprofit entity for use by an individual holding a faculty appointment or a staff position at a public university, public college, or participating college. (g) “Participating nonprofit entity” means an entity within the meaning of paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code that, pursuant to this chapter for the purpose of owning student, faculty, or staff housing, as approved by, and for participation with, the authority, undertakes the financing and construction or acquisition of student, faculty, or staff housing, on real property owned or leased by the entity, for the benefit of a public college, public university, or participating private college. The authority may determine any additional qualifications of a participating nonprofit entity through regulations or guidelines. (h) “Participating private college” or “participating college” means a private college that participates with the authority in undertaking the financing of working capital or the financing and construction or acquisition of a project and does not restrict the admission of a student based on the student’s race or ethnicity, provided that the financing does not violate Section 5 of Article XVI of the California Constitution or the establishment clause of the First Amendment to the United States Constitution. (i) (1) “Private college” means an institution for higher education other than a public college, situated within the state and that, by virtue of law or charter, is a nonprofit private or independent degree-granting educational institution that is regionally accredited and empowered to provide a program of education beyond the high school level. (2) For purposes of obtaining financing under this chapter, “private college” also includes either of the following: (A) A nonprofit affiliate, established on or before January 1, 2005, of one or more private colleges, as defined in paragraph (1), the sole or primary purpose of which is to provide administrative or other support services to an affiliated private college or private colleges, and that undertakes the financing of a project or working capital for the exclusive use and benefit of one or more of the affiliated private colleges. (B) A private nonprofit research organization engaged in basic research and advanced education at the predoctoral and postdoctoral levels through personnel situated within the state, but only if the organization previously has borrowed the proceeds of bonds or other obligations previously issued by the authority. (j) (1) “Project” means a dormitory or an educational facility, faculty or staff housing, or any combination thereof, or any function concerning student loans, or interests in student loans, as determined by the authority. (2) For a participating nonprofit entity, “project” means the construction or acquisition of student housing or faculty and staff housing. The authority, in consultation with the top administrative officials and the participating nonprofit entity, shall develop and adopt regulations to ensure, to the greatest extent practicable, that each project involving a participating nonprofit entity is used to house students, faculty, or staff of the participating private college, public college, or public university. The student, faculty, or staff housing shall meet all of the following criteria: (A) Upon completion or acquisition of the project, the project will be owned by a participating nonprofit entity and located on real property owned, or leased by, that entity. (B) The top administrative official of the public university, public college, or participating private college that the project is intended to benefit, verifies the need for housing and financing assistance in a specific area pursuant to subparagraph (D). (C) The project is monitored on an annual basis by the authority to ensure that it meets the requirements of subparagraph (E) and all other regulatory agreements entered into by the authority. (D) The project is located within a five-mile radius of the boundary of a campus or satellite center of the public college, public university, or participating private college that the project is intended to benefit. The participating nonprofit entity may request approval from the top official of the institution for a project that is located outside the five-mile radius, provided that all of the following criteria are met: (i) There are no available and feasible sites within the five-mile radius. (ii) The project is near a mass transit destination. (iii) The time required to commute from campus to the mass transit destination, as estimated by the top administrative official, typically does not exceed 30 minutes. (E) (i) The project includes and maintains for 40 years a restriction to the grant deed on the real property on which the student or faculty and staff housing is to be located. The grant deed shall accomplish all of the following: (I) Give the public college, public university, or participating private college that the project is intended to benefit the right, but not the obligation, to purchase the property at fair market value. (II) Ensure that students, faculty, or staff of the affected campus will have first right of refusal to all available units. (III) Require that, to the greatest extent feasible, at least 50 percent of student residents will meet the criteria for need-based financial assistance, as determined by the top administrative official of the affected campus. (IV) Require that all contracts for construction and renovation of the proposed project shall be subject to, and comply with the provisions referenced in, Section 10128 of the Public Contract Code. (ii) For purposes of this subparagraph, the authority, through regulation or rule, shall define “student” and “faculty,” taking into consideration enrollment status requirements and employment status requirements. The definitions of “student” and “faculty” may be different for each participating campus. (3) For a university applicant, “project” has the same meaning as defined in Section 67329.2. (k) “Public college” means a community college. (l) “Public university” means any campus of the University of California, the California State University, or the Hastings College of the Law. (m) “Student housing,” as applied to a participating nonprofit entity, means a residential unit owned by a participating nonprofit entity, and located on real property owned by that entity, for use by an individual enrolled at a public college, public university, or participating private college. (n) “Student loan” means a loan having terms and conditions acceptable to the authority that is made to finance or refinance the costs of attendance at a private college or a public college and that is approved by the authority, if the loan is originated pursuant to a program that is approved by the authority. (o) “Top administrative official” means the chancellor in the case of a campus of the University of California, the dean in the case of the Hastings College of the Law, the president in the case of a campus of the California State University, the president in the case of a campus of the California Community Colleges, or the president or highest ranking official in the case of a participating private college. (p) “University applicant” has the same meaning as defined in Section 67329.2. (q) “Working capital” means maintenance or operation expenses or any other costs that would be treated as an expense item, under generally accepted accounting principles, in connection with the ownership or operation of an educational facility, faculty or staff housing, student housing, or any combination thereof, including, but not limited to, reserves for maintenance or operation expenses, interest on any loan for working capital made pursuant to this part, and reserves for debt service with respect to, and any costs necessary or incidental to, that financing. (Amended (as amended by Stats. 2022, Ch. 123, Sec. 1) by Stats. 2022, Ch. 572, Sec. 18. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 3. Organization of Authority and General Powers and Duties Thereof [94120 - 94125] SECTION 94120. Source version: id_ddee759c-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=3. (a) There is in the state government an authority known as the California Educational Facilities Authority. The authority constitutes a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function. (b) The authority shall consist of five members: the Director of Finance, the Controller, the Treasurer, who shall serve as chairperson of the authority, and two members appointed by the Governor to serve for terms of four years; provided that the terms of the members first appointed shall be arranged by the Governor so that such terms shall expire on April 30 in different years. One of the members appointed by the Governor shall be affiliated with a public institution of higher education as a governing board member or in an administrative capacity and the other member shall be affiliated with a private institution of higher education as a governing board member or in an administrative capacity. Each member shall hold office for the term of his or her appointment and shall continue to serve during the term of his or her successor unless and until his or her successor shall have been appointed and qualified. Any vacancy among the members appointed by the Governor shall be filled by appointment for the unexpired term only. A member of the authority shall be eligible for reappointment. (c) Any member of the authority appointed by the Governor may be removed from office by the Governor for cause after a public hearing. (d) The members of the authority shall serve without compensation, but the authority may reimburse its members for necessary expenses incurred in the discharge of their duties. (e) The authority, upon the first appointment of its members and thereafter on or after April 30 in each year, shall annually elect from among its members a vice chairperson who shall hold office until April 30 next ensuing and shall continue to serve during the term of his or her successor unless and until his or her successor shall have been appointed and qualified. (f) The Director of Finance may designate a deputy or other official in the Department of Finance to act for him or her and represent him or her at all meetings of the authority. (Amended by Stats. 2008, Ch. 211, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 3. Organization of Authority and General Powers and Duties Thereof [94120 - 94125] SECTION 94121. Source version: id_00a9c071-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=3. The powers of the authority shall be vested in the members thereof in office from time to time and a majority of the total authorized membership of the authority shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions adopted by the authority at any meeting thereof by the affirmative vote of a majority of the members present, unless in any case the bylaws of the authority shall require a larger number. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (Amended by Stats. 1979, Ch. 373.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 3. Organization of Authority and General Powers and Duties Thereof [94120 - 94125] SECTION 94123. Source version: id_00a9c073-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=3. Notwithstanding any other provision of law neither of the following is a conflict of interest: (a) Service by a trustee, director, officer, or employee of a participating private college, public college, or public university as a member of the authority, provided that the trustee, director, officer, or employee abstains from discussion, deliberation, action, and vote by the authority under this chapter with respect to the participating private college, public college, or public university for which that member is a trustee, director, officer, or employee. (b) Affiliation of a member of the authority with a bank that serves the authority as bond trustee, depository of funds, or in any other financial, advisory, or fiduciary capacity. (Amended by Stats. 2001, Ch. 569, Sec. 3. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 3. Organization of Authority and General Powers and Duties Thereof [94120 - 94125] SECTION 94124. Source version: id_00a9c075-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=3. The authority shall maintain an office in the City of Sacramento. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 3. Organization of Authority and General Powers and Duties Thereof [94120 - 94125] SECTION 94125. Source version: id_de85104e-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=3. The authority may employ an executive director and such other persons as are necessary to enable it properly to perform the duties imposed upon it by this chapter. The authority may, by resolution, delegate to one or more of its members, its executive director, or any other official or employee of the authority any powers and duties that it may deem proper, including, but not limited to, the power to enter into contracts on behalf of the authority. (Amended by Stats. 2008, Ch. 211, Sec. 3. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94140. Source version: id_2145b79d-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. The authority shall have power to do all of the following: (a) Adopt bylaws for the regulation of its affairs and the conduct of its business. (b) Adopt and have an official common seal and alter it at pleasure. (c) Sue and be sued in its own name, and plead and be impleaded. (d) Borrow money, issue bonds and notes and other obligations of the authority, and provide for the rights of the holders thereof as provided in this chapter. (e) Acquire, lease as lessee, hold, and dispose of real and personal property or any interest therein, in the exercise of its powers and the performance of its duties under this chapter. (f) Acquire, in the name of the authority by purchase or otherwise, on the terms and conditions and in the manner as it deems proper, any land or interest in land and other property that it determines is reasonably necessary for a project, including any lands held by a county, municipality, or other governmental subdivision of the state, to hold and use the property, and to sell, convey, lease, or otherwise dispose of the acquired property that is no longer necessary for the authority’s purposes. (g) Receive and accept, from any source, loans, contributions, or grants for, or in aid of, the financing or refinancing of working capital or the acquisition, construction, financing, or refinancing of a project, or any portion of a project, in money, property, labor, or other things of value. (h) Prepare, or cause to be prepared, plans, specifications, designs, and estimates of costs for the construction and equipment of projects for participating colleges, participating nonprofit entities, and university applicants under this chapter, and from time to time to modify those plans, specifications, designs, or estimates. (i) By contract or contracts, or by its own employees, to construct, acquire, reconstruct, rehabilitate and improve, and furnish and equip, projects for participating colleges, participating nonprofit entities, and university applicants. (j) Employ consulting engineers, architects, accountants, construction and financial experts, superintendents, and other employees and agents that may be necessary in its judgment and to fix their compensation. (k) Determine the location and character of any project to be undertaken pursuant to this chapter, and construct, reconstruct, repair, lease, as lessee or lessor, the project, enter into contracts for any or all of those purposes, and designate a participating private college, participating nonprofit entity, or university applicant as its agent to determine the location and character of a project undertaken by the participating private college, participating nonprofit entity, or university applicant under this chapter and, as the agent of the authority, construct, reconstruct, maintain, repair, operate, lease, as lessee or lessor, and regulate the project and, as agent of the authority, to enter into contracts for any and all of those purposes including contracts for the management and operation of the project. (l) Establish rules and regulations for the use of a project, or any portion of a project, and to designate a participating private college, participating nonprofit entity, or university applicant as its agent to establish rules and regulations for the use of a project undertaken by the participating private college, participating nonprofit entity, or university applicant. (m) Generally establish, revise from time to time, and charge and collect, rates, rents, fees, and other charges for the use of and for the services furnished or to be furnished by a project, or any portion of a project, and contract with holders of its bonds and with any other person, party, association, corporation, or other body, public or private, in respect thereof. (n) Enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient, or desirable for the purposes of the authority or to carry out any power expressly given in this chapter. (o) Invest any moneys held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, at the discretion of the authority, in obligations that are authorized by law for the investment of trust funds in the custody of the Treasurer. (p) Charge, and equitably apportion among participating private colleges and participating nonprofit entities, its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter. (q) Finance, directly or through an intermediary, or purchase or take assignments of, or make commitments to finance, directly or through an intermediary, or purchase or to take assignments of, student loans, to contract in advance for those student loans, and to contract in advance for that financing, purchase, or assignment, and to pay any amounts payable in respect thereto. A student loan shall be eligible for financing or purchase by the authority or for assignment hereunder regardless of the repayment status of the loan. A pledge made to secure authority financing for student loan project purposes shall be valid and binding from the time the pledge is made. The revenues and receipts of property or interest in the property pledged and thereafter received by the authority, a participating college or public institution of higher education, a servicer, a trustee, or a custodian shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of a pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, participating college or public institution of higher education, servicer, trustee, or custodian irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded. (r) Hold or invest in student loans, create pools of student loans, and sell bonds bearing interest on a taxable or tax-exempt basis or other interests backed by the pools of student loans. (s) Contract or otherwise provide for the distribution, processing, origination, purchase, sale, servicing, securing, and collection of student loans, the payment of fees, charges, and administrative expenses in connection with student loans, and the funding of reserves required or provided for in any resolution authorizing, or trust agreement securing, authority financing for student loan purposes. (t) Assist in providing support to participating colleges, participating nonprofit entities, or university applicants to enhance the market acceptance of potential bond issues by the authority, including securing probable or actual credit ratings from nationally recognized bond rating agencies, providing or obtaining liquidity or credit enhancement, providing or securing bond reserve funds, performing any other action deemed necessary by the authority, and incurring necessary expenses, payable from available authority funds, for any of these purposes. (Amended (as amended by Stats. 2022, Ch. 123, Sec. 2) by Stats. 2022, Ch. 572, Sec. 19. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94141. Source version: id_00accdbd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. All expenses incurred in carrying out the provisions of this chapter shall be payable from funds provided the authority therefor, and no liability or obligation shall be incurred by the authority hereunder beyond the extent to which moneys shall have been provided therefor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94142. Source version: id_00accdbf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. The authority shall establish financial eligibility standards by studying the creditworthiness and earning capacity of each project together with the amount of pledged revenues, debt service coverage, and basic security, in addition to establishing machinery to monitor the ongoing compliance of each project with state authority and bond indenture requirements. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94143. Source version: id_d3dabe8d-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. The authority is authorized from time to time to issue its notes for any corporate purpose and renew from time to time any notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes partly to renew notes or to discharge other obligations then outstanding and partly for any other purpose. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. A resolution or resolutions authorizing notes of the authority or any issue of notes of the authority may contain any provisions that the authority is authorized to include in a resolution or resolutions authorizing bonds of the authority or any issue of bonds of the authority, and the authority may include in the notes any terms, covenants, or conditions that it is authorized to include in bonds. Notes issued by the authority shall be payable from revenues of the authority or other moneys available for payment of notes and not otherwise pledged, subject only to any contractual rights of the holders of its notes or other obligations then outstanding. (Amended by Stats. 2015, Ch. 303, Sec. 140. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94144. Source version: id_2543e74f-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. (a) The authority is authorized from time to time to issue its bonds for any corporate purpose. In anticipation of the sale of the bonds, the authority may issue bond anticipation notes and may renew the bond anticipation notes from time to time. The bond anticipation notes shall be paid from any revenues of the authority or other moneys available for payment of bond anticipation notes and not otherwise pledged, or from the proceeds of sale of the bonds of the authority in anticipation of which the bond anticipation notes were issued. The bond anticipation notes shall be issued in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing the bond anticipation notes may contain any provisions, conditions, or limitations which a bond resolution of the authority may contain. (b) Except as may otherwise be expressly provided by the authority, every issue of its bonds or notes shall be general obligations of the authority payable from any revenues or moneys of the authority available for payment of the bonds or notes and not otherwise pledged, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or moneys and subject to any agreements with any participating institution or university applicant. Negotiable bonds and notes shall be and be deemed to be, for all purposes, negotiable instruments, notwithstanding the fact that the negotiable bonds or notes may be payable from a special fund, subject only to the provisions of the bonds or notes for registration. (c) (1) The bonds may be issued as serial bonds or as term bonds, or the authority, in its discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the authority, and shall bear the date or dates, mature at a time or times, not exceeding 50 years from their respective dates, bear interest at the rate or rates, be payable at the time or times, be in denominations, be in a form, either coupon or registered, carry registration privileges, be executed in a manner, be payable in lawful money of the United States of America at a place or places, and be subject to the terms of redemption that the resolution or resolutions may provide. The bonds or notes may be sold by the Treasurer at public sale, or the authority, after giving due consideration to the recommendations of the participating institution, participating nonprofit entity, or university applicant, may direct the Treasurer to sell the bonds or notes at private sale. (2) In the case of public sale, both of the following shall occur: (A) The bonds specified in the resolution shall be sold by the Treasurer, at a time fixed by the Treasurer, and upon notice that the Treasurer may deem advisable, or at the time to which the sale shall have been continued, at public sale, upon sealed bids, to the bidder whose bid will result in the lowest net interest cost on account of the bonds. (B) If no bids are received, or if the Treasurer determines that the bids are not satisfactory, the Treasurer may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (3) Pending preparation of the definitive bonds, the authority may issue interim receipts or certificates that shall be exchanged for the definitive bonds. (d) A resolution or resolutions authorizing bonds or an issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds to be authorized, as to all of the following: (1) Pledging the full faith and credit of the authority or pledging all or any part of the revenues of a project or any revenue-producing contract or contracts made by the authority with any individual, partnership, corporation, or association or other body, public or private, to secure the payment of the bonds or of any particular issue of bonds, subject to those agreements with bondholders that may then exist. (2) The rents, fees, and other charges to be charged, and the amounts to be raised in each year by the rents, fees, and other charges to be charged, and the use and disposition of the revenues. (3) The setting aside of reserves or sinking funds, and the regulation and disposition of the reserves or sinking funds. (4) Limitations on the right of the authority or its agent to restrict and regulate the use of the project. (5) Limitations on the purpose to which the proceeds of sale of an issue of bonds then or thereafter to be issued may be applied and pledging the proceeds of sale to secure the payment of the bonds or an issue of the bonds. (6) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds. (7) The procedure, if any, by which the terms of a contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which that consent may be given. (8) Limitations on the amount of moneys derived from the project to be expended for operating, administrative, or other expenses of the authority. (9) Defining the acts or omissions to act that constitute a default in the duties of the authority to holders of its obligations, and providing the rights and remedies of the holders in the event of a default. (10) The mortgaging of a project and the site of the project for the purpose of securing the bondholders. (e) Members of the authority and persons executing the bonds or notes shall not be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance of the bonds or notes. (f) The authority shall have the power to purchase its bonds or notes out of any funds available for purchasing its bonds or notes. The authority may hold, pledge, cancel, or resell the bonds, subject to and in accordance with agreements with bondholders. (Amended by Stats. 2022, Ch. 572, Sec. 20. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94145. Source version: id_00ae5465-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. In the discretion of the authority, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the authority and a corporate trustee or trustees, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received or proceeds of any contract or contracts pledged and may convey or mortgage the project or any portion thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including particularly such provisions as have hereinabove been specifically authorized to be included in any resolution or resolutions of the authority authorizing bonds thereof. Any bank or trust company incorporated under the laws of this state which may act as depositary of the proceeds of bonds or of revenues or other moneys may furnish such indemnifying bonds or pledge such securities as may be required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee or trustees, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of a project. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94145.5. Source version: id_d98edb9f-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. A provision that the authority may include in a trust agreement or resolution providing for the issuance of bonds pursuant to this chapter may also be included in a bond and shall have the same effect. (Amended by Stats. 2015, Ch. 303, Sec. 141. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94146. Source version: id_9da20e57-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. (a) Bonds issued under this chapter shall not be deemed to constitute a debt or liability of the state or of any political subdivision of the state, or a pledge of the faith and credit of the state or of any political subdivision other than the authority, but shall be payable solely from the funds herein provided. All bonds shall contain a statement to the effect that neither the State of California nor the authority shall be obligated to pay the bond or the interest on the bond except from revenues of the authority, and that neither the faith and credit nor the taxing power of the state or of any political subdivision of the state is pledged to the payment of the principal of, or the interest on, the bonds. (b) The issuance of bonds under this chapter shall not directly, indirectly, or contingently obligate the state or any political subdivision of the state to levy or to pledge any form of taxation whatever therefor or to make an appropriation for payment of the bonds. This section shall not prevent or be construed to prevent the authority from pledging its full faith and credit, or the full faith and credit of a participating private college, participating nonprofit entity, or university applicant, to the payment of bonds or issue of bonds authorized pursuant to this chapter. (Amended by Stats. 2023, Ch. 131, Sec. 49. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94147. Source version: id_2d31c7c3-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. (a) The authority may fix, revise, charge, and collect rates, rents, fees, and charges for the use of and for the services furnished or to be furnished by each project, and may contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. These rates, rents, fees, and charges shall be fixed and adjusted in respect of the aggregate of rents, rates, fees, and charges from the project so as to provide funds sufficient with other revenues or moneys, if any, to accomplish all of the following: (1) Pay the cost of maintaining, repairing, and operating the project and each and every portion thereof, to the extent that the payment of that cost has not otherwise been adequately provided for. (2) Pay the principal of, and the interest on, outstanding bonds of the authority issued in respect of that project as the same shall become due and payable. (3) Create and maintain reserves required or provided for in any resolution authorizing, or trust agreement securing, bonds of the authority. (b) (1) The rates, rents, fees, and charges referenced in subdivision (a) are not subject to supervision or regulation by any department, commission, board, body, bureau, or agency of this state other than the authority. A sufficient amount of the revenues derived in respect of a project, except a part of those revenues that is necessary to pay the cost of maintenance, repair, and operation and to provide reserves for renewals, replacements, extensions, enlargements, and improvements as may be provided for in the resolution authorizing the issuance of any bonds of the authority or in the trust agreement securing the same, shall be set aside at regular intervals provided in the resolution or trust agreement in a sinking or other similar fund. (2) The fund established pursuant to paragraph (1) is pledged to, and charged with, the payment of the principal of and the interest on, the bonds as the same shall become due, and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. (3) The pledge required by paragraph (2) shall be valid and binding from the time when the pledge is made. The rates, rents, fees, and charges and other revenues or other moneys so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of that pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the authority. (4) The use and disposition of moneys to the credit of the sinking or other similar fund shall be subject to the resolution authorizing the issuance of those bonds or of that trust agreement. Except as may otherwise be provided in that resolution or that trust agreement, the sinking or other similar fund shall be a fund for all of those bonds issued to finance projects at a participating college, or bonds issued to finance a project of a participating nonprofit entity or university applicant, without distinction or priority of one over another. (5) The authority, in the resolution or trust agreement, may provide that the sinking or other similar fund shall be either of the following: (A) The fund for a particular project at a participating college or university applicant and for the bonds issued to finance a particular project and may, additionally, permit and provide for the issuance of bonds having a subordinate lien in respect of the security herein authorized to other bonds of the authority and, in this case, the authority may create separate sinking or other similar funds in respect of those subordinate lien bonds. (B) The fund for a particular project of a participating nonprofit entity or university applicant. (Amended by Stats. 2022, Ch. 572, Sec. 22. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94148. Source version: id_00afdb0b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. Any holder of bonds issued under the provisions of this chapter or any of the coupons appertaining thereto, and the trustee or trustees under any trust agreement, except to the extent the rights herein given may be restricted by any resolution authorizing the issuance of, or any such trust agreement securing, such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the authority or by any officer, employee or agent thereof, including the fixing, charging, and collecting of the rates, rents, fees, and charges herein authorized and required by the provisions of such resolution or trust agreement to be fixed, established, and collected. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94149. Source version: id_246f7153-11ea-11e4-b3c2-980a2626e440 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. All moneys received pursuant to the authority of this chapter, whether as proceeds from selling or incurring bonds, or as revenue, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. Notwithstanding any other law, until the funds are applied as provided in this chapter, the moneys may be invested in any obligations or securities authorized by resolutions of the authority authorizing the issuance of the bonds. An officer with whom, or any bank or trust company with which, the moneys are deposited shall act as trustee of the moneys and shall hold and apply the moneys for the purposes hereof, subject to any regulations adopted pursuant to this chapter and the resolution authorizing the issuance of any bonds or the trust agreement securing the bonds. (Amended by Stats. 2014, Ch. 154, Sec. 7. (AB 1668) Effective July 21, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94150. Source version: id_a0fecde9-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. (a) The authority may issue bonds of the authority for the purpose of refunding any bonds or notes of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest date of redemption or subsequent date of redemption, purchase or maturity of the bonds, to be refunded and, if deemed advisable by the authority, for the additional purpose of paying all or any part of the cost of working capital or constructing and acquiring additions, improvements, extensions, or enlargements of a project or any portion of a project. (b) The proceeds of any bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase, retirement at maturity, or redemption before maturity of any outstanding bonds either on their earliest redemption date or dates, any subsequent redemption date or dates, upon their purchase or maturity, or paid to a third person to assume the authority’s obligation to make the payments, and may, pending that application, be placed in escrow to be applied to the purchase, retirement at maturity, or redemption on the date or dates determined by the authority. (c) Any proceeds placed in escrow may, pending their use, be invested and reinvested in obligations or securities authorized by resolutions of the authority, payable or maturing at the time or times as are appropriate to assure the prompt payment of the principal, interest, and redemption premium, if any, of the outstanding bonds to be refunded at maturity or redemption of the bonds to be refunded either at their earliest redemption date or dates or any subsequent redemption date or dates. The interest, income and profits, if any, earned or realized on any such investment may also be applied to the payment of the outstanding bonds to be refunded or to the payment of interest on the refunding bonds. After the terms of the escrow have been fully satisfied and carried out, any balance of the proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the authority for use by the authority. (d) The portion of the proceeds of any bonds issued for the additional purpose of paying all or any part of the cost of working capital or constructing and acquiring additions, improvements, extensions, or enlargements of a project may be invested and reinvested in obligations or securities authorized by resolution of the authority, maturing not later than the time or times when the proceeds will be needed for the purpose of paying all or any part of the cost. The interest, income, and profits, if any, earned or realized on the investment may be applied to the payment of all or any part of the cost or may be used by the authority in any lawful manner. (e) All of those refunding bonds are subject to this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter. (Amended by Stats. 2023, Ch. 131, Sec. 50. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94151. Source version: id_a460486b-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. (a) The authority may loan funds to a participating institution or university applicant and to provide for the issuance of bonds for the purpose of refinancing working capital or projects not originally funded pursuant to this chapter, such refinancing to include the repayment of costs, as defined in Section 94110, incurred for projects by the participating institution or university applicant and that have a completion date after December 29, 1969. (b) For purposes of this section, “completion date” means, in the case of construction or renovation of a project, the date on which the notice of completion is filed, and, in the case of the acquisition of a project, the date of such acquisition. (c) All such bonds shall be subject to this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter. (Amended by Stats. 2023, Ch. 131, Sec. 51. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94152. Source version: id_00afdb13-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. Bonds and notes issued by the authority under the provisions of this chapter are hereby made securities in which all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control; and said bonds, notes or other securities or obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officers or agency of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94154. Source version: id_352aa4b7-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. The State of California pledges and agrees with the holders of the bonds, notes, and other obligations issued pursuant to authority contained in this chapter, and with those parties who may enter into contracts with the authority pursuant to this chapter, that the state will not limit, alter, or restrict the rights hereby vested in the authority and the participating private colleges, participating nonprofit entities, and university applicants to maintain, construct, reconstruct, and operate any project as defined in this chapter or to establish and collect the rents, fees, receipts, or other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized by this chapter, and with the parties who may enter into contracts with the authority pursuant to this chapter, or in any way impair the rights or remedies of the holders of those bonds or those parties until the bonds, together with interest thereon, are fully paid and discharged and the contracts are fully performed on the part of the authority. The authority as a public body corporate and politic may include the pledge herein made in its bonds and contracts. (Amended by Stats. 2022, Ch. 572, Sec. 24. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94155. Source version: id_00b161b7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. On or before March 31 in each year the authority shall make an annual report of its activities for the preceding calendar year to the Governor and the Legislature. Each such report shall set forth a complete operating and financial statement covering the authority’s operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants. The authority shall also consult with the California Postsecondary Education Commission and the Student Aid Commission with respect to the need for additional financing of student loan projects. (Amended by Stats. 1995, Ch. 917, Sec. 7. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4. Powers and Duties; Notes and Bonds [94140 - 94156] SECTION 94156. Source version: id_00b161b9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4. The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state, for the increase of their commerce, welfare, and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of a project by the authority will constitute the performance of an essential public function, neither the authority nor its agent shall be required to pay any taxes or assessments upon or in respect of a project or any property acquired or used by the authority under the provisions of this chapter, or upon the income therefrom, and any bonds issued under the provisions of this chapter, their transfer and the income therefrom, shall at all times be free from taxation of every kind by the state and by the municipalities and other political subdivisions in the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94157. Source version: id_2e4fa7cc-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. As used in this article, unless the context requires otherwise, the following terms have the following meanings: (a) “Executive director” means the Executive Director of the California Educational Facilities Authority. (b) “Financial institution” means a bank as defined under paragraph (4) of subdivision (b) of Section 1201 of the Commercial Code, including a federal- or state-chartered bank, that has been approved by the authority to enroll qualified loans in the program and has agreed to all terms and conditions set forth in this article and as may be required by the authority. A financial institution shall have a branch or office, or be otherwise present for jurisdictional purposes, in California. (c) “Loss reserve account” means an account in the State Treasury or in any financial institution that is established and maintained by the authority for the benefit of a financial institution participating in the program for the purposes of any of the following: (1) Depositing all required fees paid by the financial institution and the qualified borrower. (2) Depositing contributions made by the state and, if applicable, the federal government or other sources. (3) Covering losses on enrolled qualified loans sustained by the financial institution by disbursing funds accumulated in the loss reserve account. (d) “Private student loan” means a loan issued by a private lending institution for the costs of attendance at any public or private nonprofit college or university in the United States, notwithstanding the definitions in subdivisions (i), (k), and (l) of Section 94110. (e) “Program” means the California Student Loan Refinancing Program created pursuant to this article. (f) “Qualified borrower” means an individual meeting all of the following requirements: (1) Residency in California. (2) Completion of a bachelor’s degree. (3) Employment in a public service program or by a nonprofit organization located in California. (4) Able to repay, as determined by the authority. (5) Meeting the criteria established by the financial institution and the authority. (g) “Qualified loan” means a loan or a portion of a loan made by a financial institution to a qualified borrower to refinance a private student loan under the program. A qualified loan made under the program may be made with the interest rates, fees, and other terms and conditions agreed upon by the financial institution and the qualified borrower. Only a loan determined by the authority to be an educational loan nondischargeable in bankruptcy as set forth in Section 523 of Title 11 of the United States Code as that section existed on August 15, 2014, shall be a qualified loan eligible for financing under this article. (Added by Stats. 2014, Ch. 816, Sec. 2. (AB 2377) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94158. Source version: id_d1181d22-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. (a) The California Student Loan Refinancing Program is hereby established under the administration of the authority. The goal of the program is to help college graduates who meet the eligibility criteria of the program, who are defined as qualified borrowers under Section 94157, to refinance student loan debt at favorable rates. This goal would be achieved through the creation of a revolving fund so that additional refinancing may occur to help more qualified borrowers, and through the creation of a loan loss reserve that can be leveraged by private lenders in the private student loan market. (b) The authority may contract with any financial institution for the purpose of allowing the financial institution to participate in the program. (c) A credit union operating pursuant to a certificate issued under the California Credit Union Law (Division 5 (commencing with Section 14000) of the Financial Code) may participate in the program only to the extent participation is in compliance with the California Credit Union Law. Nothing in this article shall be construed to limit the authority of the Commissioner of Financial Protection and Innovation to regulate credit unions subject to the commissioner’s jurisdiction under the California Credit Union Law. (Amended by Stats. 2022, Ch. 452, Sec. 96. (SB 1498) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94159. Source version: id_2e4fcee0-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. (a) The authority shall establish a loss reserve account for each financial institution with which the authority enters into a contract. (b) The loss reserve account for a financial institution shall consist of moneys deposited by the authority and, as applicable, deposited by the qualified borrowers, the financial institution, or any other source. (c) Notwithstanding any other law, the authority may establish and maintain loss reserve accounts, as provided in subdivision (c) of Section 94157, with any financial institution under any policies the authority may adopt. (d) All moneys in a loss reserve account established pursuant to this article are the exclusive property of, and solely controlled by, the authority. Interest or income earned on moneys credited to the loss reserve account shall be deemed to be part of the loss reserve account. The authority may withdraw from the loss reserve account all, or a portion of, the interest or other income that has been credited to the loss reserve account. Any withdrawal made pursuant to this subdivision shall be used for the sole purpose of offsetting costs associated with carrying out the program, including administrative costs and loss reserve account contributions. (e) The combined amount to be deposited by the financial institution into any individual loss reserve account over a three-year period, in connection with any single qualified borrower, shall be not more than seventy-five thousand dollars ($75,000). (Added by Stats. 2014, Ch. 816, Sec. 2. (AB 2377) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94160. Source version: id_2e4fcee2-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. (a) If a financial institution seeks to enroll a qualified loan in the program in order to obtain the protection against loss provided by its loss reserve account, after disclosing relevant qualified loan financial information to the qualified borrower, it shall notify the authority in writing on a form prescribed by the authority, within 15 calendar days after the date on which the qualified loan is made, of all of the following: (1) The disbursement of the qualified loan. (2) The dollar amount of the qualified loan enrolled. (3) The interest rate applicable to, and the term of, the qualified loan. (4) The amount of any administrative fee related to the processing of an existing loan or the issuance of a new loan. (b) The executive director may authorize an additional five days for a financial institution to submit the written notification described in subdivision (a) to the authority on a loan-by-loan basis for a reason limited to conditions beyond the reasonable control of the financial institution. (c) When making a qualified loan that will be enrolled under the program, the financial institution shall require the qualified borrower to whom the qualified loan is made to pay an administration fee as determined by the authority. The financial institution shall also pay an administration fee in an amount equal to the fee paid by the qualified borrower. The financial institution shall deliver the fees collected under this subdivision to the authority for deposit in the loss reserve account for the financial institution. (Added by Stats. 2014, Ch. 816, Sec. 2. (AB 2377) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94161. Source version: id_2e4ff5f4-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. (a) The authority shall establish procedures under which financial institutions may submit claims for reimbursement for losses incurred as a result of qualified loan defaults. A financial institution that charges off all or part of a qualified loan to the loss reserve account may file a claim for reimbursement with the authority if all of the following conditions are met: (1) The claim occurs contemporaneously with the action of the financial institution to charge off all or part of the qualified loan. (2) The charge off on a qualified loan is made in a manner that is consistent with the financial institution’s usual method for making determinations on personal loans that are not qualified loans. (3) The financial institution has met all of the conditions established by the authority to assist the borrower in making payments prior to filing a claim for reimbursement. (b) Costs for which a financial institution may be reimbursed from its loss reserve account include the amount of qualified loan principal charged off, accrued interest on the principal, reasonable out-of-pocket expenses incurred in pursuing its collection efforts, including preservation of collateral, and any other related costs. Proper documentation of the expenses, to the satisfaction of the authority, shall be presented at the time of the claim. (c) If a financial institution files two or more claims contemporaneously, and there are insufficient funds in the loss reserve account at that time to cover the entire amount of such claims, the financial institution may designate the order of priority in which the claims shall be paid. (d) A financial institution may seek reimbursement of qualified loan losses prior to the liquidation of collateral, if any, from defaulted qualified loans. The financial institution shall repay the loss reserve account for any moneys received as reimbursement under this section if the financial institution recovers moneys from the qualified borrower or from the liquidation of collateral for the defaulted qualified loan, less any reasonable out-of-pocket expenses incurred in collection of this amount. (e) In any case in which the payment of a claim under this section has fully covered a financial institution’s loss on a qualified loan, the financial institution shall assign to the authority any right or title to, or interest in, any collateral, security, or other right of recovery in connection with a qualified loan made under the program. (Added by Stats. 2014, Ch. 816, Sec. 2. (AB 2377) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94162. Source version: id_2e4ff5f6-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. Notwithstanding Section 10231.5 of the Government Code, the authority shall annually submit a report to the Governor and the Legislature that describes the program’s financial condition and its results. Programmatic results described in the report shall include, but not necessarily be limited to, the total number of qualified borrowers served and the dollar amount of qualified loans issued for all new qualified loans issued since the report for the prior year. The report required by this section shall be submitted in accordance with Section 9795 of the Government Code. (Added by Stats. 2014, Ch. 816, Sec. 2. (AB 2377) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94163. Source version: id_2e4ff5f8-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. The authority may enter into agreements with financial institutions, or with other agencies of the state, to provide necessary assistance in carrying out the program, including origination and servicing of qualified loans. (Added by Stats. 2014, Ch. 816, Sec. 2. (AB 2377) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94164. Source version: id_2e4ff5fa-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. Notwithstanding the other provisions of this article, the authority may facilitate the development of a secondary market for a qualified loan under the program by providing security for that loan, thereby increasing participation in the program by financial institutions and improving access to qualified borrowers to refinance private student loans. For purposes of this section, the actions that the authority may take include, but are not necessarily limited to, assigning all or a portion of any loss reserve account to any other entity in connection with providing security for a qualified loan, including a trustee of a securitization trust, transferring a qualified loan from a financial institution to a securitization trust, and assisting underwriters in marketing a qualified loan to the secondary market. (Added by Stats. 2014, Ch. 816, Sec. 2. (AB 2377) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 4.1. California Student Loan Refinancing Program [94157 - 94165] SECTION 94165. Source version: id_2e4ff5fc-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=4.1. The authority may adopt emergency regulations for the implementation of the program. Any emergency regulations that may be adopted by the authority under this section shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Added by Stats. 2014, Ch. 816, Sec. 2. (AB 2377) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 5. Conflicts of Interest [94170- 94170.] SECTION 94170. Source version: id_00b2e85d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=5. Except as otherwise expressly provided in this chapter, any member, officer, agent or employee of the authority who is interested, either directly or indirectly, in any contract of another with the authority, or in the sale of any property, either real or personal, to the authority, shall be guilty of a misdemeanor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 6. Examination and Visitorial Power of State; Assistance of State Employees [94180 - 94181] SECTION 94180. Source version: id_00b2e861-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=6. The State Controller and his legally authorized representatives are hereby authorized and empowered from time to time to examine the accounts and books of the authority, including its receipts, disbursements, contracts, sinking funds, investments and any other matters relating to its financial standing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 6. Examination and Visitorial Power of State; Assistance of State Employees [94180 - 94181] SECTION 94181. Source version: id_00b2e863-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=6. The authority shall be entitled to call to its assistance and avail itself of the services of such employees of any state department or agency as it may require and as may be available to it for said purpose. The Attorney General shall be the legal counsel for the authority, but with the approval of the Attorney General the authority may employ such legal counsel as in its judgment is necessary or advisable to enable it to carry out the duties and functions imposed upon it by this chapter, including the appointment of such bond counsel as may be deemed advisable in connection with the issuance and sale of bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 7. Construction of Facilities [94190 - 94195] SECTION 94190. Source version: id_39288649-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=7. (a) In addition to the foregoing powers, the authority shall have power to accomplish both of the following: (1) Upon application of the participating college, participating nonprofit entity, or university applicant, to construct, acquire, or otherwise provide projects for the use and benefit of the participating private college, public college, or public university and the students, faculty, and staff of that participating institution. The participating college, participating nonprofit entity, or university applicant for which a project is undertaken by the authority shall approve the plans, specifications, and location of that project. (2) To lease any project provided pursuant to this section to the participating private college, participating nonprofit entity, or university applicant for which that project is provided. When the liabilities of the authority incurred for a project have been met and the bonds of the authority issued therefor have been paid, or those liabilities and bonds have otherwise been discharged, the authority shall transfer title to all the real and personal property of that project vested in the authority, to the participating college, participating nonprofit entity, or university applicant in connection with which that project is then leased. However, if at any time prior thereto a participating private college ceases to offer educational facilities, then the title shall vest in the State of California. (b) Any lease of a project authorized by this section shall be a general obligation of the lessee and may contain provisions, which shall be a part of the contract with the holders of the bonds of the authority issued for the project, as to all of the following: (1) Pledging all or any part of the moneys, earnings, income, and revenues derived by the lessee from the project or any part or parts thereof, or other personal property of the lessee, to secure payments required under the terms of that lease. (2) The rates, rentals, fees, and other charges to be fixed and collected by the lessee, the amounts to be raised in each year thereby, and the use and disposition of that income and those moneys, earnings, and revenues. (3) The setting aside of reserves and the creation of special funds and the regulation and disposition thereof. (4) The procedure, if any, by which the terms of the lease may be amended, the amount of bonds the holders of which must consent thereto, and the manner in which that consent may be given. (5) Vesting in a trustee or trustees the specified properties, rights, powers, and duties as shall be deemed necessary or desirable for the security of the holders of the bonds of the authority issued for those projects. (6) The obligations of the lessee with respect to the replacement, reconstruction, maintenance, operation, repairs, and insurance of that project. (7) Defining the acts or omissions to act that constitute a default in the obligations and duties of the lessee, and providing for the rights and remedies of the authority and of its bondholders in the event of default. (8) Any other matters, of like or different character, that may be deemed necessary or desirable for the security or protection of the authority or the holders of its bonds. (Amended by Stats. 2022, Ch. 572, Sec. 25. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 7. Construction of Facilities [94190 - 94195] SECTION 94191. Source version: id_3d22221b-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=7. The authority also shall have power: (a) To make loans to any participating private college, participating nonprofit entity, or university applicant for the acquisition or construction of projects in accordance with a loan agreement and in accordance with plans and specifications that shall be subject to approval by the authority. No loan shall exceed the total cost of the project and the equipment therefor as determined by the authority. Each loan shall be premised upon an agreement between the authority and the participating private college, participating nonprofit entity, or university applicant as to payment, security, maturity, redemption, interest, and other appropriate matters. (b) To make loans to any participating private college, participating nonprofit entity, or university applicant to refund existing bonds, mortgages, or advances or other obligations incurred, given, or made by the private college, participating nonprofit entity, or university applicant for the acquisition or construction of any projects. (c) To make loans to any participating private college for working capital in accordance with a loan agreement. Each loan shall be premised upon an agreement between the authority and the participating private college as to payment, security, maturity, redemption, interest, and other appropriate matters. (d) To make loans to any participating private college to refund existing bonds, mortgages, or advances or other obligations incurred, given, or made by the participating private college for working capital. (Amended (as amended by Stats. 2022, Ch. 123, Sec. 6) by Stats. 2022, Ch. 572, Sec. 26. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 7. Construction of Facilities [94190 - 94195] SECTION 94192. Source version: id_411d92ad-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=7. For the purpose of obtaining and securing loans under Section 94191, every participating private college, participating nonprofit entity, or university applicant shall, notwithstanding any other law, have power to mortgage and pledge any of its real or personal property, and to pledge any of its income from whatever source to repay the principal of and interest on any loan made to it by the authority or to pay the interest on and principal and redemption premium, if any, of any note, bond, or other evidence of indebtedness evidencing the debt created by that loan; provided that the foregoing shall not be construed to authorize actions in conflict with specific legislation, trusts, endowment, or other agreements relating to specific properties or funds. (Amended by Stats. 2022, Ch. 572, Sec. 27. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 7. Construction of Facilities [94190 - 94195] SECTION 94193. Source version: id_4513d31f-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=7. Moneys of the authority received from any participating private college, participating nonprofit entity, or university applicant in payment of any sum due to the authority pursuant to the terms of any loan or other agreement or any bond, note, or other evidence of indebtedness, shall be deposited in an account in which only moneys received from participating private colleges, participating nonprofit entities, or university applicants shall be deposited, and shall be kept separate and apart from and not commingled with any other moneys of the authority. Moneys deposited in that account shall be paid out on checks signed by the chairperson of the authority or by a person or persons authorized by the authority. (Amended by Stats. 2022, Ch. 572, Sec. 28. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 7. Construction of Facilities [94190 - 94195] SECTION 94194. Source version: id_490817c1-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=7. (a) Whenever the authority under Section 94190 undertakes to construct, acquire, or otherwise provide a project and to lease the same to a private college or university applicant the lessee shall be responsible for the direct operation and maintenance costs of such project and, in addition, shall be responsible for the overall supervision of each project, for the overhead and general administrative costs of the lessee which are incurred because of such project and for the integration of each project operation into the lessee’s educational program. (b) Whenever the authority under Section 94191 makes loans for the construction of a project, the private college or university applicant at which such project is located shall be responsible for the direct operation and maintenance costs of such project and, in addition, shall be responsible for the overall supervision of each project, for the overhead and general administrative costs of the private college or university applicant which are incurred because of such project and for the integration of each project operation into the institution’s educational program. (Amended by Stats. 2022, Ch. 572, Sec. 29. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 7. Construction of Facilities [94190 - 94195] SECTION 94195. Source version: id_4cfcd193-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=7. Any pledge of moneys, earnings, income, or revenues authorized with respect to participating private colleges, participating nonprofit entities, or university applicants, pursuant to this chapter, shall be valid and binding from the time when the pledge is made. The moneys, earnings, income, or revenues so pledged and thereafter received by the pledgor shall immediately be subject to the lien of that pledge without any physical delivery thereof or further act. The lien of that pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the pledgor irrespective of whether the parties have notice thereof. No instrument by which a pledge is created need be filed or recorded in any manner. (Amended by Stats. 2022, Ch. 572, Sec. 30. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 8. Construction [94210 - 94213] SECTION 94210. Source version: id_00b5f5b5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=8. This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 8. Construction [94210 - 94213] SECTION 94211. Source version: id_00b5f5b7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=8. Nothing contained in this chapter shall be deemed or construed to create or constitute a debt, liability, or a loan or pledge of the credit of the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 8. Construction [94210 - 94213] SECTION 94212. Source version: id_8efbf787-c10f-11dc-af68-a426a58d9b11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=8. (a) This chapter shall be deemed to provide a complete, additional, and alternative method for doing the things authorized by this chapter, and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this chapter need not comply with any other law applicable to the issuance of bonds including, but not limited to, Division 13 (commencing with Section 21000) of the Public Resources Code. (b) Except as otherwise provided in subdivision (a), a project that is financed in accordance with this chapter shall not be exempt from any provision of law that is otherwise applicable to the project, and the applicant shall provide documentation, before the authority approves the issuance of bonds for the project, that the project has complied with Division 13 (commencing with Section 21000) of the Public Resources Code, or is not a project under that division. (Amended by Stats. 2006, Ch. 714, Sec. 1. Effective September 29, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 2. California Educational Facilities Authority Act [94100 - 94213] ARTICLE 8. Construction [94210 - 94213] SECTION 94213. Source version: id_00b5f5bb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=2.&article=8. The powers granted to the authority by this chapter may be exercised without regard or reference to any department or agency of the state. All other general or special laws, or parts thereof, inconsistent with this chapter are hereby declared to be inapplicable to the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 3.2. Accommodation of Religious Creed [94355- 94355.] SECTION 94355. Source version: id_03e4db6b-3b73-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=3.2.&article= (a) As a condition of doing business in this state, each postsecondary educational institution governed by Chapter 7 (commencing with Section 94700), and each organization that administers educational testing for use in the admissions process by any public or private postsecondary educational institution, shall, in administering any test or examination, permit any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed. (b) This requirement shall not apply in the event that administering the test or examination at an alternate time would impose an undue hardship which could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship that could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution. (c) This section shall become operative on January 1, 1997. (Repealed (in Sec. 283) and added by Stats. 1995, Ch. 758, Sec. 283.5. Effective January 1, 1996. Section operative January 1, 1997, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 3.3. Speech and Other Communication [94367- 94367.] SECTION 94367. Source version: id_df1dcde0-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=3.3.&article= (a) No private postsecondary educational institution shall make or enforce a rule subjecting a student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside the campus or facility of a private postsecondary institution, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution. (b) A student enrolled in a private postsecondary institution at the time that the institution has made or enforced any rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section. (c) This section does not apply to a private postsecondary educational institution that is controlled by a religious organization, to the extent that the application of this section would not be consistent with the religious tenets of the organization. (d) This section does not authorize the prior restraint of student speech. (e) This section does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected. (f) This section does not prohibit an institution from adopting rules and regulations that are designed to prevent hate violence, as defined in subdivision (a) of Section 4 of Chapter 1363 of the Statutes of 1992, from being directed at students in a manner that denies them their full participation in the educational process, so long as the rules and regulations conform to standards established by the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution for citizens generally. (Amended by Stats. 2008, Ch. 525, Sec. 5. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 3.7. Student Safety [94380 - 94385] SECTION 94380. Source version: id_00d16c4e-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=3.7.&article= Each private postsecondary educational institution with a full-time equivalency enrollment of over 1,000 and private vocational educational institution shall do all of the following: (a) Require the appropriate officials at each campus of their respective institutions to compile records of all occurrences reported to police or campus authorities, and arrests for crimes involving violence, theft, or destruction of property, or illegal drugs or alcoholic intoxication that happen on the campus. (b) Make the information compiled pursuant to subdivision (a) available on the request of any student or employee of, or applicant for admission to, any campus of their respective institutions. (c) Require the appropriate officials at each campus of their respective institutions to prepare, prominently post, and copy for distribution on request a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For the purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students. (Amended by Stats. 1993, Ch. 8, Sec. 53. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 3.7. Student Safety [94380 - 94385] SECTION 94385. Source version: id_00d31a00-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=3.7.&article= (a) Each private postsecondary educational institution and private vocational educational institution shall each adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault committed at or upon the grounds of, or upon off-campus grounds or facilities maintained by the institution, or upon grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. If appropriate on-campus treatment facilities are unavailable, the written procedure or protocols may provide for referrals to local community treatment centers. (b) The written procedures or protocols adopted pursuant to subdivision (a) shall contain at least the following information: (1) The college policy regarding sexual assault on campus. (2) Personnel on campus who should be notified, and procedures for notification, with the consent of the victim. (3) Legal reporting requirements, and procedures for fulfilling them. (4) Services available to victims, and personnel responsible for providing these services, such as the person assigned to transport the victim to the hospital, to refer the victim to a counseling center, and to notify the police, with the victim’s concurrence. (5) A description of campus resources available to victims, as well as appropriate off-campus services. (6) Procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings in connection with the sexual assault, and the results of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact. (7) Procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students, and parents. (8) Each victim of sexual assault should receive information about the existence of at least the following options: criminal prosecutions, civil prosecutions, the disciplinary process through the college, the availability of mediation, alternative housing assignments, and academic assistance alternatives. (c) For the purposes of this section, “sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault. (Amended by Stats. 1993, Ch. 8, Sec. 55. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94400. Source version: id_00d31a04-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= Whenever any benevolent, religious, or fraternal organization or society, having a grand lodge, assembly, conference, or other legislative or representative head in the state, and having two or more colleges or institutions of higher education under its patronage, desires, for the purpose of greater efficiency and simplicity in the administration of its educational interests, to consolidate the institutions under one management, the organization or society may consolidate the institutions under one management, pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94401. Source version: id_00d31a06-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= The grand lodge, assembly, conference, or other legislative or representative head having authorized a consolidation of its institutions, a new corporation shall be formed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94402. Source version: id_00d31a08-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= The board of trustees of the new corporation shall at first consist of the persons constituting the boards of trustees of the several institutions consolidating, and others. The number of trustees shall not exceed 45. The board of trustees shall be so classified that the term of office of one-third of its members expires each year, and unless otherwise provided in the articles of incorporation or bylaws, the successors of the trustees, as their terms expire shall be elected by the grand lodge, assembly, conference, or other legislative or representative head, at its annual meeting. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94403. Source version: id_00d4a0aa-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= After the two or more colleges or institutions of higher education under the patronage of any benevolent, religious, or fraternal organization or society, having a grand lodge, assembly, conference, or other legislative or representative head in the state have become consolidated, the board of trustees of the new corporation may be reduced in number after it has transacted the business of the corporation for a period of five years after the consolidation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94404. Source version: id_00d4a0ac-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= Unless other provision is made in the articles of incorporation the number of trustees shall be reduced by the grand lodge, assembly, conference, or other legislative or representative head of the colleges or institutions of higher education. At any annual session of the grand lodge, assembly, conference, or other legislative or representative head, there shall be dropped from the number of trustees to be elected at that session such a number of trustees as those present at the session determine, except that at no time shall the number of trustees composing the board be less than 15. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94405. Source version: id_00d4a0ae-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= Provision may be made in the articles of incorporation, in addition to any other matters required by law, for the number of trustees, for the method of nominating and electing trustees, and special qualifications, if any, required of persons to be elected or of any particular number of such persons. If not made in the articles of incorporation, such methods and qualifications may be set forth in the bylaws. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94406. Source version: id_00d4a0b0-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= Bylaws may be adopted and amended by the trustees except as otherwise provided in the articles or the bylaws. The bylaws may set forth the particular officers or persons in the grand lodge, conference, assembly, or other legislative or representative head entitled to vote as members of the corporation, and also the manner and method by which the voting is had. The bylaws may limit or restrict the power of the trustees to adopt, amend, or repeal bylaws. After the limitation or restriction is made it shall be complied with unless it is removed with the consent of the officers or persons entitled to vote as members. Where applicable the provisions of Articles 5 and 6 (commencing with Sections 5150 and 5160) of Chapter 2 of Part 2 of Division 2 of Title 1 of the Corporations Code apply to the bylaws. (Amended by Stats. 1978, Ch. 1305.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94407. Source version: id_00d4a0b2-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= Except as otherwise provided in Section 94406, in the articles of incorporation, or the bylaws, the board of trustees of the new corporation have all of the powers granted to boards of directors by and enumerated in Article 1 (commencing with Section 5210) of Chapter 2 of Part 2 of Division 2 of Title 1 of the Corporations Code. (Amended by Stats. 1978, Ch. 1305.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94408. Source version: id_00d62754-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= The board of trustees of the new corporation shall report annually to the grand lodge, conference, assembly, or other legislative or representative head controlling it, the condition of affairs of the corporation, and the amount and manner of its receipts and expenditures. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 4. Consolidation of Private Colleges [94400 - 94409] SECTION 94409. Source version: id_00d62756-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=4.&article= The several boards of trustees of the consolidating institutions shall transfer all property, real and personal, held by them, to the new corporation, together with all powers, privileges, and authority conferred upon or enjoyed by them under their respective charters or acts of incorporation. The new corporation receiving the property shall assume all indebtedness and liabilities of the consolidating institutions, but shall not transfer the property from one location to another, except by an affirmative vote of not less than three-fourths of the board of trustees of the new corporation, nor divert specific grants, donations, or bequests from the purposes for which the grants, donations, or bequests were made. After the boards of trustees have conveyed the property, real and personal, of the various institutions to the new corporation, and the property has been accepted by the new corporation, the franchises held by the consolidating corporations shall cease, and the corporations are dissolved. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 5. Eminent Domain [94500- 94500.] SECTION 94500. Source version: id_00d7adfa-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=5.&article= Any educational institution of collegiate grade within this state not conducted for profit may acquire by eminent domain any property necessary to carry out any of its powers or functions. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 6. Emergency Evacuation Plans for Postsecondary Student Housing [94600- 94600.] SECTION 94600. Source version: id_9b218def-2bb1-11e3-986d-eec746dc55f1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=6.&article= (a) The Office of Emergency Services shall develop guidelines for private colleges and universities to use in developing emergency evacuation plans for all forms of student housing owned, operated, and offered by private colleges and universities, both on campus and off campus. In developing the guidelines, the Office of Emergency Services shall consider Sections 3.09 and 3.13 of Title 19 of the California Code of Regulations. The guidelines shall address all of the following issues: (1) Plan content. The plans should include, but need not be limited to, the following: (A) Specific evacuation routes that recognize the needs of persons with special needs, such as persons with disabilities. (B) The designation of a meeting place or places upon evacuation. (C) The education of students and staff in emergency procedures. (2) The implementation and maintenance of the evacuation plan by the director of student housing, or other appropriate officer, at individual campuses. The director, or other appropriate officer, is responsible for scheduling periodic tests of the plan and implementing changes as needed. (b) Each private college or university shall establish an emergency evacuation plan for its postsecondary student housing and may consult with the Office of Emergency Services for guidance in developing and establishing the plan. (Amended by Stats. 2013, Ch. 352, Sec. 77. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 1. General Provisions [94800 - 94801.7] SECTION 94800. Source version: id_524d5943-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=1. This chapter shall be known, and may be cited, as the California Private Postsecondary Education Act of 2009. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 1. General Provisions [94800 - 94801.7] SECTION 94800.5. Source version: id_524d8055-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=1. Whenever a reference is made to the former Private Postsecondary Education and Student Protection Act, the former Private Postsecondary and Vocational Education Reform Act of 1989, or the former Chapter 7 (commencing with Section 94700) of Part 59 of Division 10 of Title 3 of the Education Code, as it read on June 30, 2007, by the provisions of any statute or regulation, it shall be construed as referring to the provisions of this chapter. Whenever a reference is made to the former Bureau for Private Postsecondary and Vocational Education by the provisions of any statute or regulation, it shall be construed as referring to the Bureau for Private Postsecondary Education. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 1. General Provisions [94800 - 94801.7] SECTION 94801. Source version: id_4301285a-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=1. The Legislature finds and declares all of the following: (a) In 2013, more than 300,000 Californians attended more than 1,100 private postsecondary schools in California. (b) Private postsecondary schools can complement the public education system and help develop a trained workforce to meet the demands of California businesses and the economy; however, concerns about the value of degrees and diplomas issued by private postsecondary schools, and the lack of protections for private postsecondary school students and consumers of those schools’ services, have highlighted the need for strong state-level oversight of private postsecondary schools. (c) Numerous reports and studies have concluded that California’s previous attempts at regulatory oversight of private postsecondary schools under the Department of Consumer Affairs have consistently failed to ensure student protections or provide effective oversight of private postsecondary schools. (d) It is the intent of the Legislature in continuing the operation of this chapter for two years until January 1, 2017, to ensure all of the following: (1) Minimum educational quality standards and opportunities for success for California students attending private postsecondary schools in California. (2) Meaningful student protections through essential avenues of recourse for students. (3) A regulatory structure that provides for an appropriate level of oversight. (4) A regulatory governance structure that ensures that all stakeholders have a voice and are heard in policymaking by the bureau. (5) A regulatory governance structure that provides for accountability and oversight by the Legislature through program monitoring and periodic reports. (6) Prevention of the harm to students and the deception of the public that results from fraudulent or substandard educational programs and degrees. (e) The Legislature advises future policymakers to continually and carefully evaluate this chapter and its administration and enforcement. Where there are deficiencies in the law or regulatory oversight, the Governor and the Legislature should act quickly to correct them. (Amended by Stats. 2014, Ch. 840, Sec. 1. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 1. General Provisions [94800 - 94801.7] SECTION 94801.5. Source version: id_d3299804-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=1. (a) An out-of-state private postsecondary educational institution shall register with the bureau, pay a fee pursuant to Section 94930.5, and comply with all of the following: (1) The institution shall provide the bureau with all of the following information, as applicable, for consideration of initial registration by the bureau pursuant to paragraph (2). (A) Evidence of institutional accreditation. (B) Evidence that the institution is approved to operate in the state where the institution maintains its main administrative location. (C) The agent for service of process consistent with Section 94943.5. (D) A copy of the institution’s catalog and, if the institution uses enrollment agreements, a copy of a sample enrollment agreement. (E) Whether or not the institution, or a predecessor institution under substantially the same control or ownership, had its authorization or approval revoked or suspended by a state or by the federal government, or, within five years before submission of the registration, was subject to an enforcement action by a state or by the federal government that resulted in the imposition of limits on enrollment or student aid, or is subject to such an action that is not final and that was ongoing at the time of submission of the registration. (F) Whether or not the institution, or a controlling officer of, or a controlling interest or controlling investor in, the institution or in the parent entity of the institution, had been subject to any education, consumer protection, unfair business practice, fraud, or related enforcement action by a state or federal agency within five years before submitting the registration. If so, the institution shall provide the bureau a copy of the operative complaint with the registration. (G) Whether or not the institution is currently on probation, show cause, or subject to other adverse action, or the equivalent thereof, by its accreditor or has had its accreditation revoked or suspended within the five years before submitting the registration. (H) Whether or not the institution, within five years before submitting the registration, has settled, or been adjudged to have liability for, a civil complaint alleging the institution’s failure to provide educational services, including a complaint alleging a violation of Title IX of the federal Education Amendments of 1972 (Public Law 92-318) or a similar state law, or a complaint alleging a violation of a law concerning consumer protection, unfair business practice, or fraud, filed by a student or former student, an employee or former employee, or a public official, for more than two hundred fifty thousand dollars ($250,000). The institution shall provide the bureau a copy of the complaint filed by the plaintiff and a copy of the judgment or settlement agreement for any such judgment or settlement, and the bureau shall consider, pursuant to paragraph (2), all material terms and aspects of the settlement, including, for example, whether a student plaintiff remained enrolled or reenrolled at the institution. (I) Any additional documentation the bureau deems necessary for consideration in the registration process. (2) When considering whether to approve, deny, or condition initial registration based upon the information provided by an institution pursuant to paragraph (1), the bureau shall do all of the following: (A) Not consider any individual submission made under paragraph (1) to be solely determinative of the institution’s eligibility for registration but, exercising its reasonable discretion, approve, reject, or condition registration based upon a review of all of the information provided to it under paragraph (1). (B) Provide an institution with reasonable notice and opportunity to comment before the bureau regarding any determination to deny, condition, or reject initial registration before that determination becomes final. After the determination becomes final, the institution may seek review of the bureau’s decision through an action brought pursuant to Section 1085 of the Code of Civil Procedure. (C) Require the initial registration, if approved, to memorialize that the institution agrees, as a condition of its registration, to be bound by this section and that its registration may be rejected, conditioned, or revoked for failure to comply with this section, as provided by subdivision (b). The agreement shall be signed by a responsible officer of the institution. (3) An institution that is registered with the bureau and enrolls a student residing in California shall report in writing to the bureau, within 30 days, the occurrence of any of the following: (A) The institution has its authorization or approval revoked or suspended by a state or by the federal government, or has been subject to an enforcement action by a state or by the federal government that resulted in the imposition of limits on enrollment or student aid. (B) The institution or a controlling officer of, or a controlling interest or controlling investor in, the institution or in the parent entity of the institution is subject to any education, consumer protection, unfair business practice, fraud, or related enforcement action by a state or federal agency. If so, the institution shall provide the bureau a copy of the operative complaint. (C) The institution is currently on probation, show cause, or subject to other adverse action, or the equivalent thereof, by its accreditor or the accreditation of the institution is revoked or suspended. (D) The institution settles, or is adjudged to have liability for, a civil complaint alleging the institution’s failure to provide educational services, including a complaint alleging a violation of Title IX of the federal Education Amendments of 1972 (Public Law 92-318) or a similar state law, or a complaint alleging a violation of a law concerning consumer protection, unfair business practice, or fraud, filed by a student or former student, an employee or former employee, or a public official, for more than two hundred fifty thousand dollars ($250,000). The institution shall provide to the bureau a copy of the complaint filed by the plaintiff and a copy of the judgment or settlement agreement for any such judgment or settlement, and the bureau shall consider, pursuant to subdivision (b), all material terms and aspects of the settlement, including, for example, whether a student plaintiff remained enrolled or reenrolled at the institution. (4) The requirements of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923), and regulations adopted by the bureau related to the fund, for its students residing in California. (5) The institution shall provide disclosures pursuant to the requirements for the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923), and regulations adopted by the bureau related to the fund, for its students residing in California. (b) (1) Upon receipt of any of the notifications in paragraph (3) of subdivision (a), the bureau shall, within 30 days of receiving the notice, request the institution to explain in writing why the institution should be permitted to continue to enroll California residents. If the bureau, after reviewing the information submitted in response to the request and after consultation with the Attorney General, issues a written finding that there is no immediate risk to California residents from the institution continuing to enroll new students, the institution shall be permitted, pending completion of a review by the bureau, to continue to enroll new students or the bureau may, in its discretion, limit enrollments. (2) Any institution under review pursuant to paragraph (1) may have its registration revoked by the bureau if, after further review, the bureau issues a written finding that there is a substantial risk posed to California residents by the institution continuing to enroll California residents. (3) An institution shall have the right to reasonable notice and opportunity to comment to and before the bureau regarding any determination to revoke registration or to limit enrollment before that determination becomes final. An institution may seek review of a bureau order limiting new student enrollment or revoking registration under this subdivision through an action brought pursuant to Section 1085 of the Code of Civil Procedure. (4) Nothing in this subdivision shall be construed as preventing the bureau from revoking an institution’s registration on any other grounds specified in this chapter. Nothing in this section shall be construed as prohibiting or impairing the ability of an institution registered pursuant to this section or eligible to register pursuant to this section from applying to be an approved institution pursuant to this chapter. (c) (1) This section does not apply to a higher education institution that grants undergraduate degrees, graduate degrees, or both, and that is either formed as a nonprofit corporation and is accredited by an agency recognized by the United States Department of Education, or is a public institution of higher education. (2) This section does not apply to a higher education institution that does not award degrees and that solely provides educational programs for total charges of two thousand five hundred dollars ($2,500) or less when no part of the total charges is paid from state or federal student financial aid programs. The bureau may adjust this charge threshold based upon the California Consumer Price Index and post notification of the adjusted charge threshold on its internet website as the bureau determines, through the promulgation of regulations, that the adjustment is consistent with the intent of this chapter. (d) An institution described in subdivision (a) that fails to comply with this section is not authorized to operate in this state. Any institution whose registration is denied or revoked is authorized to reapply for registration after 12 months have elapsed from the date of the denial or revocation of registration. (e) A registration with the bureau pursuant to this section shall be valid for five years. (f) The bureau shall develop through emergency regulations effective on and after July 1, 2021, a registration form. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. These emergency regulations shall become law through the regular rulemaking process by January 1, 2022. (g) The bureau shall disclose on its internet website a list of institutions registered pursuant to this section through reasonable means and disclose a designated email address for California residents to send a complaint to the bureau about an institution registered pursuant to this section. Complaints received through this email address shall be investigated in the same manner as complaints received by the bureau for institutions approved to operate pursuant to this chapter, but bureau enforcement in response to such complaints against institutions registered pursuant to this section shall be governed by subdivision (b). (h) This section shall become operative on July 1, 2022. (Amended (as amended by Stats. 2020, Ch. 153, Sec. 2) by Stats. 2022, Ch. 544, Sec. 1. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 1. General Provisions [94800 - 94801.7] SECTION 94801.7. Source version: id_bab2c6b6-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=1. (a) The bureau may establish through regulation thresholds of California-based activity that constitute limited physical presence, with those institutions subject to registration requirements defined through regulation, and minimal levels of California-based activity that do not require institutional approval by, nor registration with, the bureau. All institutions operating in the state and subject to approval or registration requirements shall comply with Section 94897. (b) An institution is considered to have a physical presence in the state if it offers instruction or core academic support services from a physical location owned, operated, or rented by or on behalf of the institution in California. (Added by Stats. 2022, Ch. 544, Sec. 2. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 10. Recruiters [94901- 94901.] SECTION 94901. Source version: id_98531e54-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=10. (a) An institution’s recruiters shall be employees. (b) (1) An institution shall issue identification to each recruiter identifying the recruiter and the institution. (2) The recruiter shall have the issued identification with them while recruiting. (Amended by Stats. 2024, Ch. 497, Sec. 85. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94902. Source version: id_503d7236-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. (a) A student shall enroll solely by means of executing an enrollment agreement. The enrollment agreement shall be signed by the student and by an authorized employee of the institution. (b) An enrollment agreement is not enforceable unless all of the following requirements are met: (1) The student has received the institution’s current catalog and School Performance Fact Sheet prior to signing the enrollment agreement. (2) At the time of the execution of the enrollment agreement, the institution held a valid approval to operate. (3) Prior to the execution of the enrollment agreement, the student and the institution have signed and dated the information required to be disclosed in the School Performance Fact Sheet pursuant to subdivisions (a) to (d), inclusive, of Section 94910. Each of these items in the School Performance Fact Sheet shall include a line for the student to initial and shall be initialed and dated by the student. (c) A student shall receive a copy of the signed enrollment agreement, in writing or electronically, regardless of whether total charges are paid by the student. (Amended by Stats. 2025, Ch. 592, Sec. 42. (SB 861) Effective January 1, 2026. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94903. Source version: id_52630413-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. A student may not waive any term or receipt of any disclosure required by this article. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94905. Source version: id_b9ed3f37-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. (a) During the enrollment process, an institution offering educational programs designed to lead to positions in a profession, occupation, trade, or career field requiring licensure in this state shall exercise reasonable care to determine if the student will not be eligible to obtain licensure in the profession, occupation, trade, or career field at the time of the student’s graduation and shall provide all students enrolled in those programs with a written copy of the requirements for licensure established by the state, including any applicable course requirements established by the state. (1) If the minimum course requirements of the institution exceed the minimum requirements for state licensure, the institution shall disclose this information, including a list of those courses that are not required for state licensure. (2) The institution shall not execute an enrollment agreement with a student that is known to be ineligible for licensure, unless the student’s stated objective is other than licensure. (b) During the enrollment process, an institution may discuss internships and student jobs available to the student during the student’s attendance at the institution. If the institution discusses internships and student jobs, the institution shall disclose the number of requests for internship and student job placement assistance received by the institution during the immediately preceding calendar year and the number of actual placements during that year. (c) During the enrollment process, an institution offering educational programs designed to lead to positions in a profession, occupation, trade, or career field where voluntary licensure by a government agency is available, shall provide its students seeking to enroll in those programs with a written copy of the requirements for that voluntary licensure. (Amended by Stats. 2023, Ch. 510, Sec. 97. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94906. Source version: id_9bf54b56-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. (a) An enrollment agreement shall be written in language that is easily understood. If English is not the student’s primary language, and the student is unable to understand the terms and conditions of the enrollment agreement, the student shall have the right to obtain a clear explanation of the terms and conditions and all cancellation and refund policies in their primary language. (b) If the recruitment leading to enrollment was conducted in a language other than English, the enrollment agreement, disclosures, and statements shall be in that language. (Amended by Stats. 2024, Ch. 497, Sec. 86. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94907. Source version: id_9f6a4dd8-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. An institution shall not require a student to invoke an internal institutional dispute procedure before enforcing any contractual or other legal rights or remedies. (Amended by Stats. 2024, Ch. 497, Sec. 87. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94908. Source version: id_5263a05d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. Any information or statement required by this article to be included in the catalog, School Performance Fact Sheet, or enrollment agreement shall be printed in at least the same size font as the majority of the text in that document. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94909. Source version: id_5390bbea-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. (a) Except as provided in subdivision (d), before enrollment, an institution shall provide a prospective student, either in writing or electronically, with a current school catalog containing, at a minimum, all of the following: (1) The name, address, telephone number, and, if applicable, internet website address of the institution. (2) Except as specified in Article 2 (commencing with Section 94802), a statement that the institution is a private institution and that it is approved to operate by the bureau. (3) The following statements: (A) “Any questions a student may have regarding this catalog that have not been satisfactorily answered by the institution may be directed to the Bureau for Private Postsecondary Education at (address), Sacramento, CA (ZIP Code), (internet website address), (telephone and fax numbers).” (B) “As a prospective student, you are encouraged to review this catalog before signing an enrollment agreement. You are also encouraged to review the School Performance Fact Sheet, which must be provided to you before signing an enrollment agreement.” (C) “A student or any member of the public may file a complaint about this institution with the Bureau for Private Postsecondary Education by calling (toll-free telephone number) or by completing a complaint form, which can be obtained on the bureau’s internet website (internet website address).” (D) “The Office of Student Assistance and Relief is available to support prospective students, current students, or past students of private postsecondary educational institutions in making informed decisions, understanding their rights, and navigating available services and relief options. The office may be reached by calling (toll-free telephone number) or by visiting (internet website address).” (4) The address or addresses where class sessions will be held. (5) A description of the programs offered and a description of the instruction provided in each of the courses offered by the institution, the requirements for completion of each program, including required courses, any final tests or examinations, any required internships or externships, and the total number of credit hours, clock hours, or other increments required for completion. (6) If the educational program is designed to lead to positions in a profession, occupation, trade, or career field requiring licensure in this state, a notice to that effect and a list of the requirements for eligibility for licensure. (7) Information regarding the faculty and their qualifications. (8) A detailed description of institutional policies in the following areas: (A) Admissions policies, including the institution’s policies regarding the acceptance of credits earned at other institutions or through challenge examinations and achievement tests, and a list describing any transfer or articulation agreements between the institution and any other college or university that provides for the transfer of credits earned in the program of instruction. If the institution has not entered into an articulation or transfer agreement with any other college or university, the institution shall disclose that fact. (B) Cancellation, withdrawal, and refund policies, including an explanation that the student has the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the first class session, or the seventh day after enrollment, whichever is later. The text shall also include a description of the procedures that a student is required to follow to cancel the enrollment agreement or withdraw from the institution and obtain a refund consistent with the requirements of Article 13 (commencing with Section 94919). (C) Probation and dismissal policies. (D) Attendance policies. (E) Leave-of-absence policies. (9) The schedule of total charges for a period of attendance and an estimated schedule of total charges for the entire educational program. (10) A statement reporting whether the institution participates in federal and state financial aid programs, and if so, all consumer information that is required to be disclosed to the student pursuant to the applicable federal and state financial aid programs. (11) A statement specifying that, if a student obtains a loan to pay for an educational program, the student will have the responsibility to repay the full amount of the loan plus interest, less the amount of any refund, and that, if the student has received federal student financial aid funds, the student is entitled to a refund of the moneys not paid from federal student financial aid program funds. (12) A statement specifying whether the institution has a pending petition in bankruptcy, is operating as a debtor in possession, has filed a petition within the preceding five years, or has had a petition in bankruptcy filed against it within the preceding five years that resulted in reorganization under Chapter 11 of the United States Bankruptcy Code (11 U.S.C. Sec. 1101 et seq.). (13) If the institution provides placement services, a description of the nature and extent of the placement services. (14) A description of the student’s rights and responsibilities with respect to the Student Tuition Recovery Fund. This statement shall specify that it is a state requirement that a student who pays the student’s tuition is required to pay a state-imposed assessment for the Student Tuition Recovery Fund. This statement shall also describe the purpose and operation of the Student Tuition Recovery Fund and the requirements for filing a claim against the Student Tuition Recovery Fund. (15) The following statement: “NOTICE CONCERNING TRANSFERABILITY OF CREDITS AND CREDENTIALS EARNED AT OUR INSTITUTION The transferability of credits you earn at (name of institution) is at the complete discretion of an institution to which you may seek to transfer. Acceptance of the (degree, diploma, or certificate) you earn in (name of educational program) is also at the complete discretion of the institution to which you may seek to transfer. If the (credits or degree, diploma, or certificate) that you earn at this institution are not accepted at the institution to which you seek to transfer, you may be required to repeat some or all of your coursework at that institution. For this reason you should make certain that your attendance at this institution will meet your educational goals. This may include contacting an institution to which you may seek to transfer after attending (name of institution) to determine if your (credits or degree, diploma, or certificate) will transfer.” (16) A statement specifying whether the institution, or any of its degree programs, are accredited by an accrediting agency recognized by the United States Department of Education. If the institution is unaccredited and offers an associate, baccalaureate, master’s, or doctoral degree, or is accredited and offers an unaccredited program for an associate, baccalaureate, master’s, or doctoral degree, the statement shall disclose the known limitations of the degree program, including, but not limited to, all of the following: (A) Whether a graduate of the degree program will be eligible to sit for the applicable licensure exam in California and other states or become certified or registered as required for the applicable profession, occupation, trade, or career field in California. (B) A degree program that is unaccredited or a degree from an unaccredited institution is not recognized for some employment positions, including, but not limited to, positions with the State of California. (C) That a student enrolled in an unaccredited institution is not eligible for federal financial aid programs. (b) If the institution has a general student brochure, the institution shall provide that brochure to the prospective student before enrollment. In addition, if the institution has a program-specific student brochure for the program in which the prospective student seeks to enroll, the institution shall provide the program-specific student brochure to the prospective student before enrollment. (c) An institution shall provide the school catalog to any person upon request. In addition, if the institution has student brochures, the institution shall disclose the requested brochures to any interested person upon request. (d) An accredited institution is not required to provide a School Performance Fact Sheet to a prospective student who is not a California resident, not residing in California at the time of the student’s enrollment, and enrolling in an accredited distance learning degree program offered by the institution, if the institution complies with all federal laws, the applicable laws of the state where the student is located, and other appropriate laws, including, but not limited to, consumer protection and student disclosure requirements. (Amended by Stats. 2025, Ch. 592, Sec. 43. (SB 861) Effective January 1, 2026. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94910. Source version: id_56f0138e-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. Except as provided in subdivision (d) of Section 94909 and Section 94910.5, prior to enrollment, an institution shall provide a prospective student with a current School Performance Fact Sheet containing, at a minimum, the following information, as it relates to the educational program: (a) Completion rates, as calculated pursuant to Article 16 (commencing with Section 94928). (b) Placement rates for each educational program, as calculated pursuant to Article 16 (commencing with Section 94928), if the educational program is designed to lead to, or the institution makes any express or implied claim related to preparing students for, a recognized career, occupation, vocation, job, or job title. (c) License examination passage rates for programs leading to employment for which passage of a state licensing examination is required, as calculated pursuant to Article 16 (commencing with Section 94928). (d) Salary or wage information, as calculated pursuant to Article 16 (commencing with Section 94928). (e) If a program is too new to provide data for any of the categories listed in this subdivision, the institution shall state on its fact sheet: “This program is new. Therefore, the number of students who graduate, the number of students who are placed, or the starting salary you can earn after finishing the educational program are unknown at this time. Information regarding general salary and placement statistics may be available from government sources or from the institution, but is not equivalent to actual performance data.” (f) All of the following: (1) A description of the manner in which the figures described in subdivisions (a) to (d), inclusive, are calculated or a statement informing the reader of where they may obtain a description of the manner in which the figures described in subdivisions (a) to (d), inclusive, are calculated. (2) A statement informing the reader of where they may obtain from the institution a list of the employment positions determined to be within the field for which a student received education and training for the calculation of job placement rates as required by subdivision (b). (3) A statement informing the reader of where they may obtain from the institution a list of the objective sources of information used to substantiate the salary disclosure as required by subdivision (d). (g) The following statements: (1) “This fact sheet is filed with the Bureau for Private Postsecondary Education. Regardless of any information you may have relating to completion rates, placement rates, starting salaries, or license exam passage rates, this fact sheet contains the information as calculated pursuant to state law.” (2) “Any questions a student may have regarding this fact sheet that have not been satisfactorily answered by the institution may be directed to the Bureau for Private Postsecondary Education at (address), Sacramento, CA (ZIP Code), (internet website), (telephone and fax numbers).” (h) If the institution participates in federal financial aid programs, the most recent three-year cohort default rate reported by the United States Department of Education for the institution and the percentage of enrolled students receiving federal student loans. (i) Data and information disclosed pursuant to subdivisions (a) to (d), inclusive, is not required to include students who satisfy the qualifications specified in subdivision (d) of Section 94909, but an institution shall disclose whether the data, information, or both provided in its fact sheet excludes students pursuant to this subdivision. An institution shall not actively use data specific to the fact sheet in its recruitment materials or other recruitment efforts of students who are not California residents and do not reside in California at the time of their enrollment. (Amended by Stats. 2025, Ch. 592, Sec. 44. (SB 861) Effective January 1, 2026. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94910.5. Source version: id_c1460b9b-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. (a) Notwithstanding any other law, a law school that meets the criteria of subdivision (b) shall be deemed to satisfy the requirements of this chapter regarding a School Performance Fact Sheet by doing all of the following: (1) Complying with Standard 509 of the American Bar Association’s Standards and Rules of Procedure for Approval of Law Schools, as that standard may be amended. (2) Providing completion rates of students and placement rates, bar passage rates, and salary and wage information of graduates to prospective students prior to enrollment through the law school application process administered by the Law School Admission Council. (3) (A) Providing to prospective students any additional information required to be reported on a School Performance Fact Sheet that is not reported pursuant to paragraphs (1) and (2), including, but not limited to, the most recent three-year cohort default rate reported by the United States Department of Education for the law school and the percentage of enrolled students receiving federal student loans. (B) If the law school’s three-year cohort default rate reported by the United States Department of Education is aggregated with the three-year cohort default rate of an institution to which the law school belongs, then the law school shall provide to prospective students the law school’s three-year cohort default rate disaggregated from the institution’s three-year cohort default rate. (C) The law school shall, at a minimum, provide the information described in this paragraph to prospective students by clearly posting the information in a conspicuous location on the law school’s internet website. (4) Annually providing the information required to be disclosed pursuant to this subdivision to the bureau. (b) Subdivision (a) shall apply to a law school that meets all of the following criteria: (1) The law school is accredited by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association. (2) The law school is owned by an institution authorized to operate by the bureau. (3) The law school reports graduate salary information and other information to the National Association for Law Placement. (4) The law school is approved to operate by the bureau pursuant to Section 94874.8. (Amended by Stats. 2023, Ch. 510, Sec. 99. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94911. Source version: id_c4f0c41d-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. An enrollment agreement shall include, at a minimum, all of the following: (a) The name of the institution and the name of the educational program, including the total number of credit hours, clock hours, or other increment required to complete the educational program. (b) A schedule of total charges, including a list of any charges that are nonrefundable and the student’s obligations to the Student Tuition Recovery Fund, clearly identified as nonrefundable charges. (c) In underlined capital letters on the same page of the enrollment agreement in which the student’s signature is required, “THE TOTAL CHARGES FOR THE CURRENT PERIOD OF ATTENDANCE,” “THE ESTIMATED TOTAL CHARGES FOR THE ENTIRE EDUCATIONAL PROGRAM,” and “THE TOTAL CHARGES THE STUDENT IS OBLIGATED TO PAY UPON ENROLLMENT,” followed by the relevant amounts of charges in bold, underlined type. (d) A clear and conspicuous statement that the enrollment agreement is legally binding when signed by the student and accepted by the institution. (e) (1) A disclosure with a clear and conspicuous caption, “STUDENT’S RIGHT TO CANCEL,” under which it is explained that the student has the right to cancel the enrollment agreement and obtain a refund of charges paid through attendance at the first class session, or the seventh day after enrollment, whichever is later. (2) The disclosure shall contain the institution’s refund policy and a statement that, if the student has received federal student financial aid funds, the student is entitled to a refund of moneys not paid from federal student financial aid program funds. (3) The text shall also include a description of the procedures that a student is required to follow to cancel the enrollment agreement or withdraw from the institution and obtain a refund. (f) A statement specifying that, if the student obtains a loan to pay for an educational program, the student will have the responsibility to repay the full amount of the loan plus interest, less the amount of any refund. (g) A statement specifying that, if the student is eligible for a loan guaranteed by the federal or state government and the student defaults on the loan, both of the following may occur: (1) The federal or state government or a loan guarantee agency may take action against the student, including applying any income tax refund to which the person is entitled to reduce the balance owed on the loan. (2) The student may not be eligible for any other federal student financial aid at another institution or other government assistance until the loan is repaid. (h) The transferability disclosure that is required to be included in the school catalog, as specified in paragraph (15) of subdivision (a) of Section 94909. (i) (1) The following statement: “Prior to signing this enrollment agreement, you must be given a catalog or brochure and a School Performance Fact Sheet, which you are encouraged to review prior to signing this agreement. These documents contain important policies and performance data for this institution. This institution is required to have you sign and date the information included in the School Performance Fact Sheet relating to completion rates, placement rates, license examination passage rates, salaries or wages, and the most recent three-year cohort default rate, if applicable, prior to signing this agreement.” (2) Immediately following the statement required by paragraph (1), a line for the student to initial, including the following statement: “I certify that I have received the catalog, School Performance Fact Sheet, and information regarding completion rates, placement rates, license examination passage rates, salary or wage information, and the most recent three-year cohort default rate, if applicable, included in the School Performance Fact Sheet, and have signed, initialed, and dated the information provided in the School Performance Fact Sheet.” (j) The following statements: (1) “Any questions a student may have regarding this enrollment agreement that have not been satisfactorily answered by the institution may be directed to the Bureau for Private Postsecondary Education at (address), Sacramento, CA (ZIP Code), (internet website address), (telephone and fax numbers).” (2) “A student or any member of the public may file a complaint about this institution with the Bureau for Private Postsecondary Education by calling (toll-free telephone number) or by completing a complaint form, which can be obtained on the bureau’s internet website (internet website address).” (k) The following statement above the space for the student’s signature: “I understand that this is a legally binding contract. My signature below certifies that I have read, understood, and agreed to my rights and responsibilities, and that the institution’s cancellation and refund policies have been clearly explained to me.” (Amended by Stats. 2023, Ch. 510, Sec. 100. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94912. Source version: id_5265ea55-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. Prior to the execution of an enrollment agreement, the information required to be disclosed pursuant to subdivisions (a) to (d), inclusive, of Section 94910 shall be signed and dated by the institution and the student. Each of these items shall also be initialed and dated by the student. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94912.5. Source version: id_da190db3-fcc2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. (a) By January 1, 2020, and permanently thereafter, each institution subject to this chapter that participates in federal student financial aid programs, including, but not necessarily limited to, those programs authorized by Title IV of the federal Higher Education Act of 1965 or veterans’ financial aid programs authorized pursuant to Section 21.4253 of Title 38 of the Code of Federal Regulations, shall provide students with the Financial Aid Shopping Sheet as developed by the United States Department of Education to inform students or potential students about financial aid award packages prior to enrollment. (b) In implementing this section, an institution that is subject to this chapter that participates in federal student financial aid programs, including, but not necessarily limited to, those programs authorized by Title IV of the federal Higher Education Act of 1965 or veterans’ financial aid programs authorized pursuant to Section 21.4253 of Title 38 of the Code of Federal Regulations, may seek guidance as needed from the United States Department of Education. (Added by Stats. 2018, Ch. 671, Sec. 3. (AB 1858) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 11. Enrollment Agreements and Disclosures [94902 - 94913] SECTION 94913. Source version: id_a2faa08a-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=11. (a) An institution that maintains an internet website shall provide on that internet website the current version of all of the following: (1) The school catalog. (2) A School Performance Fact Sheet for each educational program offered by the institution. (3) Student brochures offered by the institution. (4) A link to the bureau’s internet website. (5) The institution’s most recent annual report submitted to the bureau. (b) An institution shall include information concerning where students may access the bureau’s internet website anywhere the institution identifies itself as being approved by the bureau. (Amended by Stats. 2024, Ch. 497, Sec. 88. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 12. Consumer Loans to Students [94916 - 94918.5] SECTION 94916. Source version: id_f6cfbca6-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=12. An institution extending credit or lending money to an individual for institutional and noninstitutional charges for an educational program shall cause any note, instrument, or other evidence of indebtedness taken in connection with that extension of credit or loan to be conspicuously marked on its face in at least 12-point type with the following notice: “NOTICE” “You may assert against the holder of the promissory note you signed in order to finance the cost of the educational program all of the claims and defenses that you could assert against this institution, up to the amount you have already paid under the promissory note.” (Amended by Stats. 2014, Ch. 840, Sec. 27. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 12. Consumer Loans to Students [94916 - 94918.5] SECTION 94917. Source version: id_ecb0a0d4-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=12. A note, instrument, or other evidence of indebtedness relating to payment for an educational program is void and not enforceable unless, at the time of execution of the note, instrument, or other evidence of indebtedness, the institution held an approval to operate or valid out-of-state registration with the bureau. (Amended by Stats. 2022, Ch. 544, Sec. 11. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 12. Consumer Loans to Students [94916 - 94918.5] SECTION 94918. Source version: id_5266869d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=12. In making consumer loans to students, an institution shall also comply with the requirements of the Federal Truth in Lending Act pursuant to Title 15 of the United States Code. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 12. Consumer Loans to Students [94916 - 94918.5] SECTION 94918.5. Source version: id_c2a736da-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=12. (a) The bureau’s administration of this article or Article 13 (commencing with Section 94919) shall not preclude the authority of the Department of Financial Protection and Innovation over, and application of the California Consumer Financial Protection Law to, any “covered persons” as defined by subdivision (f) of Section 90005 of the Financial Code, including, but not limited to, private postsecondary educational institutions. (b) Nothing in this chapter shall constitute regulation of an institution’s financial product or service pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 90009 of the Financial Code, or shall otherwise be construed to limit the Department of Financial Protection and Innovation’s jurisdiction with respect to an institution’s financial product or service. (c) An institution subject to this chapter shall not be considered “acting under the authority” of its status with the bureau pursuant to subdivision (a) of Section 90002 of the Financial Code when offering financial products or services. (Added by Stats. 2022, Ch. 544, Sec. 12. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 13. Cancellations, Withdrawals, and Refunds [94919 - 94922] SECTION 94919. Source version: id_5266d3c1-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=13. (a) An institution that participates in the federal student financial aid programs complies with this article by complying with applicable regulations of the federal student financial aid programs under Title IV of the federal Higher Education Act of 1965. (b) The institution shall advise each student that a notice of cancellation shall be in writing, and that a withdrawal may be effectuated by the student’s written notice or by the student’s conduct, including, but not necessarily limited to, a student’s lack of attendance. (c) The institution shall also provide a pro rata refund of nonfederal student financial aid program moneys paid for institutional charges to students who have completed 60 percent or less of the period of attendance. (d) Institutions shall refund 100 percent of the amount paid for institutional charges, less a reasonable deposit or application fee not to exceed two hundred fifty dollars ($250), if notice of cancellation is made through attendance at the first class session, or the seventh day after enrollment, whichever is later. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 13. Cancellations, Withdrawals, and Refunds [94919 - 94922] SECTION 94920. Source version: id_9ed5d58b-3189-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=13. An institution that does not participate in the federal student financial aid programs shall do all of the following: (a) The institution shall advise each student that a notice of cancellation shall be in writing, and that a withdrawal may be effectuated by the student’s written notice or by the student’s conduct, including, but not necessarily limited to, a student’s lack of attendance. (b) Institutions shall refund 100 percent of the amount paid for institutional charges, less a reasonable deposit or application fee not to exceed two hundred fifty dollars ($250), if notice of cancellation is made through attendance at the first class session, or the seventh day after enrollment, whichever is later. (c) The bureau may adopt by regulation a different method of calculation for instruction delivered by other means, including, but not necessarily limited to, distance education. (d) The institution shall have a refund policy for the return of unearned institutional charges if the student cancels an enrollment agreement or withdraws during a period of attendance. The refund policy for students who have completed 60 percent or less of the period of attendance shall be a pro rata refund. (e) The institution shall pay or credit refunds within 45 days of a student’s cancellation or withdrawal. (Amended by Stats. 2011, Ch. 167, Sec. 2. (AB 1013) Effective January 1, 2012. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 13. Cancellations, Withdrawals, and Refunds [94919 - 94922] SECTION 94921. Source version: id_526748f5-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=13. An institution offering an educational program for which the refund calculations set forth in this article cannot be utilized because of the unique way in which the educational program is structured, may petition the bureau for an alternative method of calculating tuition refunds. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 13. Cancellations, Withdrawals, and Refunds [94919 - 94922] SECTION 94922. Source version: id_52677007-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=13. A student may not waive any provision of this article. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 14. Student Tuition Recovery Fund [94923 - 94925] SECTION 94923. Source version: id_54183ef6-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=14. (a) The Student Tuition Recovery Fund relieves or mitigates economic loss suffered by a student while enrolled in an institution not exempt from this article pursuant to Article 4 (commencing with Section 94874), who, at the time of the student’s enrollment, was a California resident or was enrolled in a California residency program, prepaid tuition, and suffered economic loss. (b) (1) The bureau shall adopt, by regulation, procedures governing the administration and maintenance of the Student Tuition Recovery Fund. The fund shall be used to provide awards to students who suffer economic loss. (2) The following students, and any other students deemed appropriate, are eligible for payment from the Student Tuition Recovery Fund: (A) Any student who was enrolled at an institution, at a location of the institution, or in an educational program offered by the institution, at the time that institution, location, or program was closed or discontinued, as applicable, who did not choose to participate in a teach-out plan approved by the bureau or did not complete a chosen teach-out plan approved by the bureau. (B) Any student who was enrolled at an institution or a location of the institution within the 120-day period before the closure of the institution or location of the institution, or who was enrolled in an educational program within the 120-day period before the program was discontinued. (C) Any student who was enrolled at an institution or a location of the institution more than 120 days before the closure of the institution or location of the institution, in an educational program offered by the institution as to which the bureau determines there was a significant decline in the quality or value of the program more than 120 days before closure. (D) A student to whom an institution has been ordered to pay a refund by the bureau but has failed to do so. (E) A student to whom an institution has failed to pay or reimburse loan proceeds under a federal student loan program as required by law, or has failed to pay or reimburse proceeds received by the institution in excess of tuition and other costs. (F) A student who has been awarded restitution, a refund, or other monetary award by an arbitrator or court, based on a violation of this chapter by an institution or representative of an institution, but who has been unable to collect the award from the institution. The bureau shall review the award or judgment and shall ensure the amount to be paid from the fund does not exceed the student’s economic loss. (G) Notwithstanding the definition of economic loss in subdivision (f), for purposes of recovery from the Student Tuition Recovery Fund, a student who has sought legal counsel that resulted in the cancellation of one or more student loans in connection with the student’s Student Tuition Recovery Fund claim may seek reimbursement for legal services rendered in an amount up to five hundred dollars ($500). The bureau shall review the invoice of the legal services rendered and evidence of the cancellation of the student loan or loans, and upon verifying that cancellation, pay the claim directly to the student. (3) Notwithstanding the requirement that a student attend an institution that is not exempt from this article as provided in subdivision (a), the following students who either were enrolled at a California campus of a Corinthian Colleges, Inc., institution or who were California students enrolled in an online program offered by an out-of-state campus of a Corinthian Colleges, Inc., institution are eligible for payment from the Student Tuition Recovery Fund: (A) A student who meets one of the eligibility requirements in paragraph (2), if the student also was residing in California and was attending a campus of a Corinthian Colleges, Inc., institution on or after January 1, 2010. (B) A student who was enrolled as of June 20, 2014, or withdrew within 120 days of that date, and did not complete the student’s program at the institution. (c) Any student who is required to pay a Student Tuition Recovery Fund assessment who pays tuition equal to or greater than the required assessment shall be deemed to have paid the required assessment, whether or not the student’s enrollment agreement specifies collection of the required assessment, and whether or not the institution identifies any money collected from the student as a Student Tuition Recovery Fund assessment. (d) A student who suffers educational opportunity losses, whose charges are paid by a third-party payer, is eligible for educational credits under the fund. (e) The bureau may seek repayment to the Student Tuition Recovery Fund from an institution found in violation of the law for which a student claim was paid. An institution shall not be eligible to renew its approval to operate with the bureau if the repayment is not made to the bureau as requested. (f) (1) For purposes of this section, “economic loss” includes, but is not limited to, any of the following: (A) All cash or other consideration paid by the student to the institution. (B) All expenses related to private or government student loans, including retail installment contracts made by the institution, paid to the student or to the institution in connection with the student’s attendance at the institution, including related principal, interest, and any fees. (C) All third-party payments, including government grants, paid to the student or to the institution in connection with the student’s attendance at the institution. (2) Economic loss does not include Student Tuition Recovery Fund assessments, unless the student is entitled to a full refund under Section 94919 or 94920, or nonpecuniary damages such as inconvenience, aggravation, emotional distress, or punitive damages. Economic loss does not include legal fees, attorney fees, court costs, or arbitration fees. This subdivision shall not prevent the bureau from further defining economic loss to include loss of educational opportunity. (g) As a condition of the bureau satisfying a student loan obligation on behalf of a Student Tuition Recovery Fund applicant, the loan servicer or debtholder shall submit a letter stating that the servicer or holder will no longer collect on the debt and shall report the debt as “paid in full” to all credit reporting agencies. The bureau shall retain a copy of that letter and provide the original to the applicant. (h) Except as provided in subdivision (i), the bureau shall require a student seeking reimbursement from the Student Tuition Recovery Fund to file a written application that shall be received by the bureau no later than four years after the date of the action that made the student eligible for recovery from the Student Tuition Recovery Fund. (i) Any student whose loan is revived by a loanholder or debt collector after a period of noncollection by the holder or collector may, at any time, file a written application for recovery from the Student Tuition Recovery Fund for the debt that would have been otherwise eligible for recovery under this section. (j) The bureau may use the moneys in the Student Tuition Recovery Fund to cover the costs of both of the following: (1) Student Tuition Recovery Fund claim administration. (2) Positions of the Office of Student Assistance and Relief. (Amended by Stats. 2025, Ch. 9, Sec. 14. (AB 123) Effective June 27, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 14. Student Tuition Recovery Fund [94923 - 94925] SECTION 94924. Source version: id_06ff1bca-8992-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=14. (a) The bureau shall determine the amount of Student Tuition Recovery Fund assessments to be collected for each student. (b) All assessments collected pursuant to this article shall be credited to the Student Tuition Recovery Fund, along with any accrued interest, for the purpose of this article. Notwithstanding Section 13340 of the Government Code, the moneys in the Student Tuition Recovery Fund are continuously appropriated to the bureau, without regard to fiscal year, for the purposes of this article. (c) Except when an institution provides a full refund pursuant to Section 94919 or Section 94920, the Student Tuition Recovery Fund assessment is nonrefundable. (Amended by Stats. 2014, Ch. 840, Sec. 29. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 14. Student Tuition Recovery Fund [94923 - 94925] SECTION 94925. Source version: id_0da08914-ca39-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=14. (a) The amount in the Student Tuition Recovery Fund shall not exceed twenty-five million dollars ($25,000,000) at any time. (b) If the bureau has temporarily stopped collecting the Student Tuition Recovery Fund assessments because the fund has approached the twenty-five-million dollar ($25,000,000) limit in subdivision (a), the bureau shall resume collecting Student Tuition Recovery Fund assessments when the fund falls below twenty million dollars ($20,000,000). (c) An otherwise eligible student who enrolled during a period when institutions were not required to collect Student Tuition Recovery Fund assessments is eligible for Student Tuition Recovery Fund payments despite not having paid any Student Tuition Recovery Fund assessment. (Amended by Stats. 2016, Ch. 86, Sec. 80. (SB 1171) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 15. Orderly Institutional Closure and Teach-outs [94926 - 94927.5] SECTION 94926. Source version: id_52685a73-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=15. At least 30 days prior to closing, the institution shall notify the bureau in writing of its intention to close. The notice shall be accompanied by a closure plan, which shall include, but not necessarily be limited to, all of the following: (a) A plan for providing teach-outs of educational programs, including any agreements with any other postsecondary educational institutions to provide teach-outs. (b) If no teach-out plan is contemplated, or for students who do not wish to participate in a teach-out, arrangements for making refunds within 45 days from the date of closure, or for institutions that participate in federal student financial aid programs arrangements for making refunds and returning federal student financial aid program funds. (c) If the institution is a participant in federal student financial aid programs, it shall provide students information concerning these programs and institutional closures. (d) A plan for the disposition of student records. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 15. Orderly Institutional Closure and Teach-outs [94926 - 94927.5] SECTION 94926.5. Source version: id_c69dec7c-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=15. (a) An institution’s approval to operate is automatically terminated on the date of closure or when its exemption from this chapter has been verified by the bureau. (b) An institution that does not identify a date of closure shall have one selected by the bureau. (c) A terminated license shall not be reinstated. (Added by Stats. 2022, Ch. 544, Sec. 13. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 15. Orderly Institutional Closure and Teach-outs [94926 - 94927.5] SECTION 94927. Source version: id_52688185-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=15. An institution shall be considered in default of the enrollment agreement when an educational program is discontinued or canceled or the institution closes prior to completion of the educational program. When an institution is in default, student institutional charges may be refunded on a pro rata basis if the bureau determines that the school has made provision for students enrolled at the time of default to complete a comparable educational program at another institution at no additional charge to the students beyond the amount of the total charges in the original enrollment agreement. If the institution does not make that provision, a total refund of all institutional charges shall be made to students. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 15. Orderly Institutional Closure and Teach-outs [94926 - 94927.5] SECTION 94927.5. Source version: id_b5ee5251-fcf2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=15. (a) Prior to closing, an institution shall provide the bureau with the following: (1) Copies of pertinent student records, including transcripts, in hardcopy or electronic form, as determined by the bureau, pursuant to regulations adopted by the bureau. (2) If the institution is an accredited institution, a plan for the retention of records and transcripts, approved by the institution’s accrediting agency, that provides information as to how a student may obtain a transcript or any other information about the student’s coursework and degrees completed. (b) Subdivision (a) applies to all private postsecondary institutions, including institutions that are otherwise exempt from this chapter pursuant to Article 4 (commencing with Section 94874). (Amended by Stats. 2018, Ch. 422, Sec. 7. (SB 1492) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 16. Completion, Placement, Licensure, and Salary Disclosure Requirements [94928 - 94929.8] SECTION 94928. Source version: id_ec751d67-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=16. As used in this article, the following terms have the following meanings: (a) “Cohort population” means the number of students that began a program on a cohort start date. (b) “Cohort start date” means the first class day after the cancellation period during which a cohort of students attends class for a specific program. (c) “On-time graduates” means the number of students who complete a program within 100 percent of the published program length. An institution may separately state completion information for students completing the program within 150 percent of the original contracted time, but that information may not replace completion information for students completing within the original scheduled time. Completion information shall be separately stated for each campus or branch of the institution. (d) “Graduates available for employment” means the number of graduates minus the number of graduates unavailable for employment. (e) (1) “Graduates employed in the field” means graduates who are gainfully employed in a single position for which the institution represents the program prepares its graduates, beginning within six months after a student completes the applicable educational program. For occupations for which the state requires passing an examination, the period of employment shall begin within six months of the announcement of the examination results for the first examination available after a student completes an applicable educational program. (2) The bureau shall define by July 1, 2014, specific measures and standards for determining whether a student is gainfully employed in a full-time or part-time position for which the institution represents the program prepares its graduates, including self-employment or conducting freelance work, and may set the standards for the hours per week and duration of employment and utilize any job classification methodology the bureau determines appropriate for this purpose, including, but not limited to, the United States Department of Labor’s Standard Occupational Classification codes. (3) This subdivision shall not prohibit the bureau from authorizing an institution to aggregate single positions held by a graduate for purposes of meeting the hours per week standards established by the bureau. (f) “Graduates unavailable for employment” means graduates who, after graduation, die, become incarcerated, are called to active military duty, are international students that leave the United States or do not have a visa allowing employment in the United States, or are continuing their education at an accredited or bureau-approved postsecondary institution. (g) “Students available for graduation” means the cohort population minus the number of students unavailable for graduation. (h) “Students unavailable for graduation” means students who have died, been incarcerated, or called to active military duty. (Amended by Stats. 2015, Ch. 258, Sec. 1. (SB 410) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 16. Completion, Placement, Licensure, and Salary Disclosure Requirements [94928 - 94929.8] SECTION 94929. Source version: id_f10fdb39-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=16. (a) An institution shall annually report to the bureau, as part of the annual report, and publish in its School Performance Fact Sheet, the completion rate for each program. Except as provided in subdivision (b), the completion rate shall be calculated by dividing the number of on-time graduates by the number of students available for graduation. (b) In lieu of calculating graduation data pursuant to subdivision (a), an institution may report graduation data reported to, and calculated by, the Integrated Postsecondary Education Data System of the United States Department of Education. (Amended by Stats. 2015, Ch. 258, Sec. 2. (SB 410) Effective January 1, 2016. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 16. Completion, Placement, Licensure, and Salary Disclosure Requirements [94928 - 94929.8] SECTION 94929.5. Source version: id_173b9a4e-8992-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=16. (a) An institution shall annually report to the bureau, as part of the annual report, and shall publish in its School Performance Fact Sheet, all of the following: (1) The job placement rate, calculated by dividing the number of graduates employed in the field by the number of graduates available for employment for each program that is either (1) designed, or advertised, to lead to a particular career, or (2) advertised or promoted with any claim regarding job placement. (2) The license examination passage rates for the immediately preceding two years for programs leading to employment for which passage of a state licensing examination is required, calculated by dividing the number of graduates who pass the examination by the number of graduates who take the licensing examination the first time that the examination is available after completion of the educational program. The institution shall use state agency licensing data to calculate license examination passage rates. If those data are unavailable, the institution shall calculate the license examination passage rate in a manner consistent with regulations adopted by the bureau. (3) Salary and wage information, consisting of the total number of graduates employed in the field and the annual wages or salaries of those graduates stated in increments of five thousand dollars ($5,000). (4) If applicable, the most recent official three-year cohort default rate reported by the United States Department of Education for the institution and the percentage of enrolled students receiving federal student loans. (b) Nothing in this section shall limit the bureau’s authority to collect information from an institution to comply with this section and ensure, by regulation and other lawful means, that the information required by this section, and the manner in which it is collected and reported, is all of the following: (1) Useful to students. (2) Useful to policymakers. (3) Based upon the most credible and verifiable data available. (4) Does not impose undue compliance burdens on an institution. (c) Data and information disclosed pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) is not required to include students who satisfy the qualifications specified in subdivision (d) of Section 94909, but an institution shall disclose on its fact sheet and to the bureau whether its data, information, or both, excludes any students pursuant to this subdivision. (Amended by Stats. 2014, Ch. 840, Sec. 31. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 16. Completion, Placement, Licensure, and Salary Disclosure Requirements [94928 - 94929.8] SECTION 94929.7. Source version: id_0650fcea-47f0-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=16. (a) The information used to substantiate the rates and information calculated pursuant to Sections 94929 and 94929.5 shall do both of the following: (1) Be documented and maintained by the institution for five years from the date of the publication of the rates and information. (2) Be retained in an electronic format and made available to the bureau upon request. (b) An institution shall provide a list of employment positions used to determine the number of graduates employed in the field for purposes of calculating job placement rates pursuant to this article. (c) The bureau shall identify the specific information that an institution is required to document and maintain to substantiate rates and information pursuant to this section. (Amended by Stats. 2012, Ch. 585, Sec. 8. (AB 2296) Effective January 1, 2013. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 16. Completion, Placement, Licensure, and Salary Disclosure Requirements [94928 - 94929.8] SECTION 94929.8. Source version: id_526a0833-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=16. (a) On or before January 1, 2011, and pursuant to Section 94877, the bureau shall establish, by regulation, a uniform method for institutions to obtain statistically valid, current, and representative data to comply with this article. (b) A violation of the regulations adopted pursuant to subdivision (a) is a material violation of this chapter. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 17. Fees [94930 - 94931.5] SECTION 94930. Source version: id_526a5657-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=17. (a) All fees collected pursuant to this article, including any interest on those fees, shall be deposited in the Private Postsecondary Education Administration Fund, and shall be available, upon appropriation by the Legislature, for expenditure by the bureau for the administration of this chapter. (b) If the bureau determines by regulation that the adjustment of the fees established by this article is consistent with the intent of this chapter, the bureau may adjust the fees. However, the bureau shall not maintain a reserve balance in the Private Postsecondary Education Administration Fund in an amount that is greater than the amount necessary to fund six months of authorized operating expenses of the bureau in any fiscal year. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 17. Fees [94930 - 94931.5] SECTION 94930.5. Source version: id_182bf7c6-ca39-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=17. Subject to Section 94930, an institution shall remit to the bureau for deposit in the Private Postsecondary Education Administration Fund the following fees, in accordance with the following schedule: (a) The following fees shall be remitted by an institution submitting an application for an approval to operate, if applicable: (1) Application fee for an approval to operate: five thousand dollars ($5,000). (2) Application fee for the approval to operate a new branch of the institution: three thousand dollars ($3,000). (3) Application fee for an approval to operate by means of accreditation: seven hundred fifty dollars ($750). (b) The following fees shall be remitted by an institution seeking a renewal of its approval to operate, if applicable: (1) Renewal fee for the main campus of the institution: three thousand five hundred dollars ($3,500). (2) Renewal fee for a branch of the institution: three thousand dollars ($3,000). (3) Renewal fee for an institution that is approved to operate by means of accreditation: five hundred dollars ($500). (c) The following fees shall apply to an institution seeking authorization of a substantive change to its approval to operate, if applicable: (1) Processing fee for authorization of a substantive change to an approval to operate: five hundred dollars ($500). (2) Processing fee in connection with a substantive change to an approval to operate by means of accreditation: two hundred fifty dollars ($250). (d) (1) In addition to any fees paid to the bureau pursuant to subdivisions (a) to (c), inclusive, each institution that is approved to operate pursuant to this chapter shall remit both of the following: (A) An annual fee for each campus designated by the institution as a main campus location in California, in an amount equal to 0.45 percent of the campus’ total gross revenue derived from students in California, but not to be less than two thousand five hundred dollars ($2,500) and not to exceed sixty thousand dollars ($60,000). (B) An annual campus fee for each branch of the institution in an amount equal to 0.45 percent of the branch’s total gross revenue derived from students in California, but not to be less than two thousand five hundred dollars ($2,500) and not to exceed sixty thousand dollars ($60,000). (2) The amount of the annual fees pursuant to paragraph (1) shall be proportional to the bureau’s cost of regulating institutions under this chapter, but shall not exceed seven hundred fifty thousand dollars ($750,000) for any institution. (e) The bureau may assess both of the following fees, if applicable: (1) An out-of-state institution registration fee in an amount of one thousand five hundred dollars ($1,500). (2) A request for inactive status fee in an amount of five hundred dollars ($500). (f) It is the intent of the Legislature that the fees established pursuant to this section be evaluated during the 2017–18 state budget process and, if necessary, adjusted by subsequent legislation based upon information provided to the Legislature by the department and the bureau. (g) Notwithstanding subdivision (d), effective July 1, 2018, the annual fee for each campus described in subparagraphs (A) and (B) of paragraph (1) of subdivision (d) shall be in an amount equal to 0.55 percent of that campus’ total gross revenue derived from students in California, but not to be less than two thousand five hundred dollars ($2,500) and not to exceed sixty thousand dollars ($60,000) for each campus. (Amended by Stats. 2016, Ch. 593, Sec. 20. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 17. Fees [94930 - 94931.5] SECTION 94931. Source version: id_526b19ab-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=17. (a) A fee that is not paid on or before the 30th calendar day after the due date for the payment of the fee shall be subject to a 25 percent late payment penalty fee. (b) A fee that is not paid on or before the 90th calendar day after the due date for payment of the fee shall be subject to a 35 percent late payment penalty fee. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 17. Fees [94930 - 94931.5] SECTION 94931.5. Source version: id_526b40bd-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=17. (a) The bureau may propose modifications to the fee schedule in Section 94930.5 to the Governor and the Legislature to add or delete categories of fees related to work performed by the bureau and propose to the Governor and the Legislature the maximum amount to be charged for each fee category added to the fee schedule. The fee schedule shall provide adequate resources for the bureau to effectively implement this chapter. (b) The bureau shall annually publish a schedule of the current fees to be charged pursuant to this article and shall make this schedule available to the public. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94932. Source version: id_22041c08-ca39-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. The bureau shall determine an institution’s compliance with the requirements of this chapter. The bureau shall have the power to require reports that institutions shall file with the bureau in addition to the annual report, to send staff to an institution’s sites, and to require documents and responses from an institution to monitor compliance. When the bureau has reason to believe that an institution may be out of compliance, it shall conduct an investigation of the institution. If the bureau determines, after completing a compliance inspection or investigation, that an institution has violated any applicable law or regulation, the bureau shall take appropriate action pursuant to this article. (Amended by Stats. 2016, Ch. 593, Sec. 21. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94932.5. Source version: id_2738ecf2-8992-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) As part of its compliance program, the bureau shall perform announced and unannounced inspections of institutions at least every five years. (b) On or before January 1, 2017, the bureau shall adopt regulations setting forth policies and practices to ensure that student protections are the highest priority of inspections and that inspections are conducted based on risk and potential harm to students. The regulations shall also set forth policies and practices for providing notice to students enrolled at an institution of the results of each inspection of the institution. (Amended by Stats. 2014, Ch. 840, Sec. 34. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94933. Source version: id_efe035e6-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. The bureau shall provide an institution with the opportunity to remedy noncompliance, impose fines, place the institution on probation, or suspend or revoke the institution’s approval to operate, in accordance with this article, as it deems appropriate based on the severity of an institution’s violations of this chapter, and the harm that results or may result to students. (Amended by Stats. 2022, Ch. 544, Sec. 14. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94933.5. Source version: id_526d1587-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. As much as is practicable, the bureau shall seek to resolve instances of noncompliance, including the use of alternative dispute resolution procedures in Article 5 (commencing with Section 11420.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94934. Source version: id_e6edcf23-fcf2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) As part of the compliance program, an institution shall submit an annual report to the bureau, under penalty of perjury, signed by a responsible corporate officer, by July 1 of each year, or another date designated by the bureau, and it shall include the following information for educational programs offered in the reporting period: (1) The total number of students enrolled by level of degree or for a diploma. (2) The number of degrees, by level, and diplomas awarded. (3) The degree levels and diplomas offered. (4) The School Performance Fact Sheet, as required pursuant to Section 94910. (5) The school catalog, as required pursuant to Section 94909. (6) The total charges for each educational program by period of attendance. (7) A statement indicating whether the institution is, or is not, current in remitting Student Tuition Recovery Fund assessments. (8) A statement indicating whether an accrediting agency has taken any final disciplinary action against the institution. (9) Additional information deemed by the bureau to be reasonably required to ascertain compliance with this chapter. (b) The bureau, by January 1, 2011, shall prescribe the annual report’s format and method of delivery. (c) (1) By July 1, 2019, or another date designated by the bureau, and in each year thereafter, each institution approved to operate by the bureau, that offers specified certificates or degrees related to allied health professionals that require clinical training, shall include in the report submitted pursuant to subdivision (a) clinical placement data delineated by program and occupation. The report shall include all of the following: (A) The number of students participating at each clinical training site. This shall include information about proficiency in languages other than English. (B) Whether any donation, money, compensation, or exchange of consideration was offered or provided to the business, nonprofit, or other organization, clinic, hospital, or other location where the student was placed and, if so, the amount. (C) The license number of each clinical training site. If the license number is not available, the report shall include the employer identification number of the clinical training site. (2) The collection and reporting of findings pursuant to paragraph (1) will be implemented over multiple years, and collected by the bureau as follows: (A) By the 2019–20 fiscal year, or another date designated by the bureau, each institution approved to operate by the bureau shall include in the report submitted pursuant to subdivision (a), the following allied healthcare professional degrees and certificates: (i) Licensed Vocational Nurse. (ii) Medical Assistant. (iii) Occupational Therapy Aide. (iv) Radiologic Technologist. (v) Respiratory Care Therapist. (vi) Pharmacy Technician and Technologist. (vii) Surgical Technician and Technologist. (B) By the 2020–21 fiscal year, or another date designated by the bureau, each institution approved to operate by the bureau shall include in the report submitted pursuant to subdivision (a), the following allied healthcare professional degrees and certificates: (i) Cardiovascular Technologist. (ii) Certified Nurse Assistant. (iii) Dialysis Technician. (iv) Diagnostic Medical Sonographer. (v) Medical Lab Technician. (vi) Orthopedic Assistant. (vii) Physical Therapy Aide and Assistant. (viii) Psychiatric Technologist. (ix) Radiologic Therapist. (x) Speech Language Pathology Aide. (C) By the 2021–22 fiscal year, and in each fiscal year thereafter, each institution approved to operate by the bureau shall include in the report submitted pursuant to subdivision (a), all certificates or degrees related to allied health professionals that require clinical training. (D) Any disclosure under this section shall be in compliance with state and federal privacy laws. (E) For the purposes of this subdivision, “allied health professional” has the same meaning as in Section 295p of Title 42 of the United States Code. (Amended by Stats. 2018, Ch. 901, Sec. 2. (SB 1348) Effective January 1, 2019. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94934.5. Source version: id_5a438452-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) An institution with an approval to operate that knows that it is being investigated by an oversight entity other than the bureau shall report that investigation, including the nature of that investigation, to the bureau in writing within 30 days of the institution’s first knowledge of the investigation. An institution with an approval to operate that is the subject of a judgment by, a regulatory action by, increased oversight or monitoring by, or a settlement with, any oversight entity other than the bureau shall report it to the bureau within 30 days. Failure to comply with this section may subject the institution to an administrative citation pursuant to Section 94936. (b) For the purposes of this section, “investigation” means any inquiry into possible violations of any applicable laws or accreditation standards. (c) For the purposes of this section, “oversight entity” means all of the following: (1) Any governmental agency. (2) Any accrediting agency. (3) Any professional licensing entity that exercises any programmatic or institutional approval over the institution. (4) Any private entity authorized pursuant to any provision of the Business and Professions Code to approve schools or educational programs for purposes of a professional certification. (Amended by Stats. 2025, Ch. 197, Sec. 9. (AB 1504) Effective January 1, 2026. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94935. Source version: id_f63cef0a-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) Bureau staff who, during an inspection of an institution, detect a violation of this chapter, or regulations adopted pursuant to this chapter, that is a minor violation as determined by the bureau, pursuant to regulations adopted by January 1, 2011, shall issue a notice to comply at the conclusion of the inspection. The bureau shall establish a voluntary informal appeal process, by regulation, within one year of the enactment of this chapter. (b) An institution that receives a notice to comply shall have no more than 30 days from the date of inspection to remedy the noncompliance. (c) Upon achieving compliance, the institution shall sign and return the notice to comply to the bureau. (d) A single notice to comply shall be issued listing separately all the minor violations cited during the inspection. (e) A notice to comply shall not be issued for any minor violation that is corrected before the conclusion of the inspection. Immediate compliance may be noted in the inspection report, but the institution shall not be subject to any further action by the bureau. (f) A notice to comply shall be the only means the bureau shall use to cite a minor violation discovered during an inspection. The bureau shall not take any other enforcement action specified in this chapter against an institution that has received a notice to comply if the institution remedies the violation within 30 days from the date of the inspection. (g) If an institution that receives a notice to comply pursuant to subdivision (a) disagrees with one or more of the alleged minor violations listed in the notice to comply, an institution shall send the bureau a written notice of disagreement. The agency may take administrative enforcement action to seek compliance with the requirements of the notice to comply. (h) If an institution fails to comply with a notice to comply within the prescribed time, the bureau shall take appropriate administrative enforcement action. (Amended by Stats. 2022, Ch. 544, Sec. 16. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94936. Source version: id_f98ae18c-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) As a consequence of an investigation, which may incorporate any materials obtained or produced in connection with a compliance inspection, and upon a finding that the institution has committed a violation of this chapter or that the institution has failed to comply with a notice to comply pursuant to Section 94935, the bureau shall issue a citation to an institution for violation of this chapter, or regulations adopted pursuant to this chapter. (b) The citation may contain any of the following: (1) An order of abatement that may require an institution to demonstrate how future compliance with this chapter or regulations adopted pursuant to this chapter will be accomplished. (2) Notwithstanding Section 125.9 of the Business and Professions Code, an administrative fine not to exceed five thousand dollars ($5,000) for each violation. The bureau shall base its assessment of the administrative fine on: (A) The nature and seriousness of the violation. (B) The persistence of the violation. (C) The good faith of the institution. (D) The history of previous violations. (E) The purposes of this chapter. (F) The potential harm to students. (3) An order to compensate students for harm that resulted or may have resulted, including a refund of moneys paid to the institution by or on behalf of the student, as determined by the bureau. (c) (1) The citation shall be in writing and describe the nature of the violation and the specific provision of law or regulation that is alleged to have been violated. (2) The citation shall inform the institution of its right to request a hearing in writing within 30 days from service of the citation. (3) If a hearing is requested, the bureau shall select an informal hearing pursuant to Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code or a formal hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (4) If a hearing is not requested, payment of the administrative fine is due 30 days from the date of service, and shall not constitute an admission of the violation charged. (5) If a hearing is conducted and payment of an administrative fine is ordered, the administrative fine is due 30 days from when the final order is entered. (6) The bureau may enforce the administrative fine as if it were a money judgment pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (d) All administrative fines shall be deposited in the Private Postsecondary Education Administration Fund. (Amended by Stats. 2022, Ch. 544, Sec. 17. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94937. Source version: id_1aea7afb-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) As a consequence of an investigation, which may incorporate any materials obtained or produced in connection with a compliance inspection, and upon a finding that an institution has committed a violation, the bureau may place an institution on probation or may suspend or revoke an institution’s approval to operate for: (1) Obtaining an approval to operate by fraud. (2) A material violation or repeated violations of this chapter or regulations adopted pursuant to this chapter that have resulted, or may result, in harm to students. For purposes of this paragraph, “material violation” includes, but is not limited to, misrepresentation, fraud in the inducement of a contract, and false or misleading claims or advertising, upon which a student reasonably relied in executing an enrollment agreement and that resulted, or may result, in harm to the student. (b) The bureau shall adopt regulations, within one year of the enactment of this chapter, governing probation and suspension of an approval to operate. (c) The bureau may seek reimbursement pursuant to Section 125.3 of the Business and Professions Code. (d) An institution shall not be required to pay the cost of investigation to more than one agency. (Amended by Stats. 2021, Ch. 552, Sec. 10. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94938. Source version: id_526ec341-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) If the bureau determines that it needs to make an emergency decision to protect students, prevent misrepresentation to the public, or prevent the loss of public funds or moneys paid by students, it may do so pursuant to Article 13 (commencing with Section 11460.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. (b) The bureau shall, by January 1, 2011, adopt regulations to give this section effect pursuant to Section 11460.20 of the Government Code. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94939. Source version: id_526eea53-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) The bureau may bring an action for equitable relief for any violation of this chapter. The equitable relief may include restitution, a temporary restraining order, the appointment of a receiver, and a preliminary or permanent injunction. The action may be brought in the county in which the defendant resides or in which any violation has occurred or may occur. (b) The remedies provided in this section supplement, and do not supplant, the remedies and penalties under other provisions of law. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94940. Source version: id_526f1165-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. As consequence of an adverse administrative action against an institution, the institution may request a hearing pursuant to Article 10 (commencing with Section 11445.10) of Chapter 4.5 or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94941. Source version: id_cc4c4fa1-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) An individual who has cause to believe that an institution has violated this chapter, or regulations adopted pursuant to this chapter, may file a complaint with the bureau against the institution. The complaint shall set forth the alleged violation, and shall contain any other information as may be required by the bureau. (b) To ensure that the bureau’s resources are maximized for the protection of the public, the bureau, in consultation with the advisory committee, shall establish priorities for its inspections and other investigative and enforcement resources to ensure that institutions representing the greatest threat of harm to the greatest number of students are identified and disciplined by the bureau or referred to the Attorney General. (c) In developing its priorities for inspection, investigation, and enforcement regarding institutions, the bureau shall consider as posing heightened risks the characteristics of the following institutions: (1) An institution that receives significant public resources, including an institution that receives more than 70 percent of its revenues from federal financial aid, state financial aid, financial aid for veterans, and other public student aid funds. (2) An institution with a large number of students defaulting on their federal loans, including an institution with a three-year cohort default rate above 15.5 percent. (3) An institution with reported placement rates, completion rates, or licensure rates in an educational program that are far higher or lower than comparable educational institutions or programs. (4) An institution that experiences a dramatic increase in enrollment, recently expanded educational programs or campuses, or recently consolidated campuses. (5) An institution that offers only nonremedial educational program courses in English, but enrolls students with limited or no English language proficiency. (6) An institution that has experienced a recent change of ownership or control, or a change in the business organization of the institution. (7) An institution with audited financial statements that do not satisfy the bureau’s requirements for financial stability. (8) An institution that has recently been the subject of an investigation, judgment, or regulatory action by, or a settlement with, a governmental agency. (9) An institution that experiences institutional or programmatic accreditation restriction by an accreditor, government restriction of, or injunction against, its approval to operate, or placement on cash-reimbursement or heightened monitoring status by the United States Department of Education. (d) The bureau shall indicate in an annual report, to be made publicly available on its internet website, the number of temporary restraining orders, interim suspension orders, and disciplinary actions taken by the bureau, disaggregated by each priority category established pursuant to subdivision (b). (e) The bureau shall, in consultation with the advisory committee, adopt regulations to establish categories of complaints or cases that are to be handled on a priority basis. The priority complaints or cases shall include, but not be limited to, those alleging unlawful, unfair or fraudulent business acts or practices, including unfair, deceptive, untrue, or misleading statements, including all statements made or required to be made pursuant to the requirements of this chapter, related to any of the following: (1) Degrees, educational programs, or internships offered, the appropriateness of available equipment for a program, or the qualifications or experience of instructors. (2) Job placement, graduation, time to complete an educational program, or educational program or graduation requirements. (3) Loan eligibility, terms, whether the loan is federal or private, or default or forbearance rates. (4) Passage rates on licensing or certification examinations or whether an institution’s degrees or educational programs provide students with the necessary qualifications to take these exams and qualify for professional licenses or certifications. (5) Cost of an educational program, including fees and other nontuition charges. (6) Affiliation with or endorsement by any government agency, or by any organization or agency related to the Armed Forces, including, but not limited to, groups representing veterans. (7) Terms of withdrawal and refunds from an institution. (8) Payment of bonuses, commissions, or other incentives offered by an institution to its employees or contractors. (Amended by Stats. 2023, Ch. 510, Sec. 102. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94942. Source version: id_cffe3413-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) The bureau shall establish a toll-free telephone number staffed by a bureau employee by which a student or a member of the public may file a complaint under this chapter. (b) The bureau shall make a complaint form available on its internet website. The bureau shall permit students and members of the public to file a complaint under this chapter through the bureau’s internet website. (Amended by Stats. 2023, Ch. 510, Sec. 103. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94943. Source version: id_526fadab-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. The following violations of this chapter are public offenses: (a) Knowingly operating a private postsecondary institution without an approval to operate is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code. (b) Knowingly providing false information to the bureau on an application for an approval to operate is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code. (c) Knowingly submitting, to the bureau, false information that is required to be reported pursuant to Article 16 (commencing with Section 94928) is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94943.5. Source version: id_526fd4bd-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. An institution shall designate and maintain an agent for service of process within this state, and provide the name, address, and telephone number of the agent to the bureau. The bureau shall furnish the agent’s name, address, and telephone number to a person upon request. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94944. Source version: id_fcb175ee-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. Notwithstanding any other law, the bureau shall cite any person, and that person shall be subject to a fine not to exceed one hundred thousand dollars ($100,000), for operating an institution without proper approval to operate issued by the bureau pursuant to this chapter. The maximum fine for unlicensed activity is separate and not inclusive of fines for other violations or refunds ordered. (Amended by Stats. 2022, Ch. 544, Sec. 18. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94944.5. Source version: id_527022e1-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. Each institution subject to this chapter shall be deemed to have authorized its accrediting agency to provide the bureau, the Attorney General, any district attorney, city attorney, or the Student Aid Commission, within 30 days of written notice, copies of all documents and other material concerning the institution that are maintained by the accrediting agency. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94944.6. Source version: id_527022e3-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. Within 30 days of receiving a written notice from the bureau, the Attorney General, district attorney, city attorney, or the Student Aid Commission pursuant to Section 94944.5, an accrediting agency shall provide the requesting entity with all documents or other material concerning an institution accredited by that agency that are designated specifically or by category in the written notice. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 18. Compliance, Enforcement, Process, and Penalties [94932 - 94945] SECTION 94945. Source version: id_37be5b56-8992-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=18. (a) This chapter does not limit or preclude the enforcement of rights or remedies under any other applicable statute or law. (b) This chapter does not limit or preclude the Attorney General, a district attorney, or a city attorney from taking any action otherwise authorized under any other applicable statute or law. (c) If the bureau has reason to believe that an institution has engaged in a pattern or practice of violating the provisions of this chapter or any other applicable law that involves multiple students or other claimants, the bureau shall contract with the Attorney General for investigative and prosecutorial services, as necessary. (Amended by Stats. 2014, Ch. 840, Sec. 36. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 19. Severability [94946- 94946.] SECTION 94946. Source version: id_52709819-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=19. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94802. Source version: id_4b3587ac-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. An institution that had a valid approval to operate on June 30, 2007, issued by the former Bureau for Private Postsecondary and Vocational Education pursuant to former Chapter 7 (commencing with Section 94700) of Part 59 of Division 10 of Title 3 of the Education Code, as it read on June 30, 2007, shall maintain that approval under this chapter. For the purposes of this chapter, the approval to operate shall be valid for three calendar years after the expiration date of the approval, as it read on June 30, 2007. (Amended by Stats. 2014, Ch. 840, Sec. 2. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94803. Source version: id_524e6abd-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. The bureau shall, by emergency regulation, amend, and repeal as necessary, the regulations, as they read on June 30, 2007, in Division 7.5 (commencing with Section 70000) of Title 5 of the California Code of Regulations, to conform to this chapter no later than February 1, 2010. These emergency regulations shall become permanent through the regular rulemaking process within one year of the enactment of this chapter. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94804. Source version: id_524e91cf-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. (a) Each unresolved matter submitted to the former Bureau for Private Postsecondary and Vocational Education prior to July 1, 2007, shall be deemed to remain pending before the bureau irrespective of any applicable deadlines. With respect to any deadline applicable to a pending matter, no time shall be deemed to have elapsed from July 1, 2007, to January 1, 2010, inclusive. (1) For the purposes of this subdivision, “matter” includes, but is not limited to, an appeal, a complaint, a claim, an evaluation, a hearing, or an investigation. (2) For the purposes of this subdivision, “matter” does not include a Student Tuition Recovery Fund claim. (b) Student complaints submitted from July 1, 2007, to December 31, 2009, inclusive, shall continue to be duly recorded and investigated by the bureau. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94805. Source version: id_524edef1-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. For the performance of the duties and exercise of the powers vested in the bureau, the bureau shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, held for the benefit or use by the former Bureau for Private Postsecondary and Vocational Education. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94806. Source version: id_524f0603-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. The Private Postsecondary and Vocational Education Administration Fund established by former Section 94932 of the Education Code, and extended by Chapter 635 of the Statutes of 2007, is continued in existence, and is renamed the Private Postsecondary Education Administration Fund. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94807. Source version: id_524f2d15-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. The Student Tuition Recovery Fund established by former Section 94944 of the Education Code, and extended by Chapter 635 of the Statutes of 2007, is continued in existence. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94808. Source version: id_524f5427-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. (a) Any Student Tuition Recovery Fund claims received by the former Bureau for Private Postsecondary and Vocational Education prior to July 1, 2007, that were not processed by the former Bureau for Private Postsecondary and Vocational Education and were not paid by the Department of Consumer Affairs from July 1, 2007, to June 30, 2008, inclusive, shall be processed by the bureau. (b) Any Student Tuition Recovery Fund claims received by the Department of Consumer Affairs from July 1, 2007, to December 31, 2009, inclusive, shall be processed by the bureau. (c) Student Tuition Recovery Fund claims filed with, and approved by, the former Bureau for Private Postsecondary and Vocational Education as of June 30, 2007, if not already paid, shall be paid before any claims approved after that date. (d) The student’s right to recovery from the Student Tuition Recovery Fund shall be based on the law that was in effect when the student enrolled and a fee for the fund was charged as a part of tuition costs, even though that law has become inoperative, been repealed, or otherwise expired. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94809. Source version: id_7db5bb26-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. (a) An institution that had an application for an approval to operate pending with the former Bureau for Private Postsecondary and Vocational Education on June 30, 2007, may continue to operate until a decision is made in regard to the institution regarding the application for approval to operate, but shall comply with, and is subject to, this chapter. (b) An institution that did not have a valid approval to operate issued by, and did not have an application for approval to operate pending with, the former Bureau for Private Postsecondary and Vocational Education on June 30, 2007, that began operations between July 1, 2007, and January 1, 2010, and filed an application to operate by August 2, 2010, may continue to operate unless a denial of approval to operate has been issued and has become final, but shall comply with, and is subject to, this chapter. (c) Students seeking to enroll in institutions operating under subdivisions (a) and (b) shall be notified by the institution, in writing and prior to executing an enrollment agreement, that the institution’s application for approval to operate has not been reviewed by the bureau. (d) (1) An institution that is denied an approval to operate pursuant to subdivision (a) or (b) may file an appeal pursuant to the procedures established in Section 94888. (2) An institution that has filed an appeal pursuant to paragraph (1) may continue to operate during the appeal process but must disclose in a written statement approved by the bureau, to all current and prospective students, that the institution’s application for approval to operate was denied by the bureau because the bureau determined the application did not satisfy the requirements to operate in California, that the institution is appealing the bureau’s decision, and that the loss of the appeal may result in the institution’s closure. (3) If the bureau determines that the continued operation of an institution poses a significant risk of harm to students, the bureau shall make an emergency decision pursuant to Section 94938. (Amended by Stats. 2016, Ch. 593, Sec. 3. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94809.5. Source version: id_524fc95b-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. Notwithstanding any other provision of law: (a) For any claims that a student had based on a violation of the Private Postsecondary and Vocational Education Reform Act of 1989 on or before June 30, 2007, the period of time from June 30, 2007, to December 31, 2009, inclusive, shall be excluded in determining the deadline or the statute of limitation for filing any claim with the bureau or a lawsuit based on any claim. (b) All claims described in subdivision (a), except claims to the Student Tuition Recovery Fund, including those contained in a lawsuit or other legal action, shall be determined or adjudicated based on the law that was in effect when the violations or events took place, even though those provisions have become inoperative, been repealed, or otherwise expired. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 2. Transition Provisions [94802 - 94809.6] SECTION 94809.6. Source version: id_524ff06d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=2. (a) Notwithstanding the inoperative status or repeal of the former Private Postsecondary and Vocational Education Reform Act of 1989 on or after July 1, 2007, any claim or cause of action in any manner based on the act that was commenced on or before June 30, 2007, whether or not reduced to a final judgment, shall be preserved, and any remedy that was or could have been ordered to redress a violation of the act on or before June 30, 2007, may be ordered or maintained thereafter. If a final judgment was obtained in an action commenced on or after July 1, 2007, under the authority of Chapter 635 of the Statutes of 2007, the final judgment and any legal remedy that was or could be maintained on or after July 1, 2007, under that statute, shall be preserved and maintained thereafter. (b) The rights, obligations, claims, causes of action, and remedies described in subdivision (a) shall be determined by the provisions of the former Private Postsecondary and Vocational Education Reform Act of 1989 in effect on or before June 30, 2007, notwithstanding the inoperative status or repeal of the former Private Postsecondary and Vocational Education Reform Act of 1989 on or after July 1, 2007. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 20. Reporting [94948- 94948.] SECTION 94948. Source version: id_48fdade0-ca39-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=20. In addition to any other reporting requirements under this chapter, the director shall provide written updates to the Legislature every six months and shall participate in all oversight hearings conducted by the appropriate policy committees and budget subcommittees of the Senate and Assembly. The updates shall describe the bureau’s progress in protecting consumers and enforcing the provisions of this chapter and shall include, but not be limited to, all of the following information received pursuant to Section 325 of the Business and Professions Code: (a) The total number of student complaints received. (b) The general nature of these complaints. (c) The outcome of these student complaints. (Amended by Stats. 2016, Ch. 593, Sec. 26. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 20.6. Office of Student Assistance and Relief [94949.7 - 94949.8] SECTION 94949.7. Source version: id_483cfeb0-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=20.6. There is hereby established an Office of Student Assistance and Relief for the purpose of advancing and promoting the rights of prospective students, current students, or past students of private postsecondary educational institutions. (Added by Stats. 2016, Ch. 593, Sec. 27. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 20.6. Office of Student Assistance and Relief [94949.7 - 94949.8] SECTION 94949.71. Source version: id_a66b845c-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=20.6. (a) The duties of the office shall be vested in a chief, who shall be appointed by the director. The chief, and each staff employee of the office, shall have experience and expertise, commensurate with their position, advocating on behalf of students and consumers and shall have knowledge in the state and federal laws governing student protection, student financial aid and loan programs, and the policies and practices of private postsecondary educational institutions. (b) For purposes of this article, “office” means the Office of Student Assistance and Relief. (Amended by Stats. 2024, Ch. 497, Sec. 90. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 20.6. Office of Student Assistance and Relief [94949.7 - 94949.8] SECTION 94949.72. Source version: id_483cfeb4-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=20.6. Duties of the office shall include all of the following: (a) Conducting outreach and providing information and assistance to students who have been affected by the unlawful activities or closure of an institution regarding their rights under state and federal law, including information about how and where to file a complaint, and to ensure that those students successfully access available state and federal relief programs. No later than July 1, 2017, the office shall prioritize and immediately conduct the activities outlined in Section 94949.73. (b) Serving as a primary point of contact to address the needs of private postsecondary education students and working in consultation with state and federal agencies, including, but not limited to, the Student Aid Commission, the Office of the Chancellor of the California Community Colleges, the Department of Veterans Affairs, the federal Consumer Financial Protection Bureau, and the United States Department of Education. (c) The office may also conduct both of the following activities: (1) Provide outreach to students and prospective students to provide them with, among other information, information on making informed decisions in selecting postsecondary educational institutions, student rights regarding school performance disclosures, enrollment agreements, and cancellation and refund policies, how to contact the office and the bureau for assistance, student loan rights and assistance, and free nonprofit community based resources. (2) Conduct data and information research concerning industry trends and enforcement actions from various sources, including, but not limited to, annual reports provided to the bureau pursuant to Section 94934, the United States Department of Education, accrediting agencies, and the California Department of Veterans Affairs to help determine the trends and potential violations of the act. The office shall advise the director and bureau chief of its findings. (d) The office shall provide, pursuant to Section 9795 of the Government Code, to the Legislature an annual written update regarding the office’s progress in protecting students and conducting the duties of the office. (Added by Stats. 2016, Ch. 593, Sec. 27. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 20.6. Office of Student Assistance and Relief [94949.7 - 94949.8] SECTION 94949.73. Source version: id_d3ba2aa5-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=20.6. (a) The office shall provide individualized assistance to students to relieve or mitigate the economic and educational opportunity loss incurred by those students who attended a Corinthian Colleges, Inc., institution or other eligible institution. (b) Specific services provided by the office shall include all of the following: (1) Outreach and education to students regarding the assistance available from the office. (2) Screening requests for assistance received by the office and providing individualized assistance to help students determine their relief eligibility, identify and obtain necessary documents, complete and submit applications, and provide additional services as necessary. (c) For purposes of this section, “other eligible institution” means an institution identified by the office whose unlawful activities or closure has resulted in its students being eligible for repayment from the Student Tuition Recovery Fund, debt relief from the United States Department of Education, or other student financial aid relief. (d) (1) The office shall quarterly report by posting on the bureau’s internet website, through September 1, 2018, on all of the following: (A) A summary of the outreach and education activities conducted by the office pursuant to the requirements of paragraph (1) of subdivision (b) and the number of students served from Corinthian Colleges, Inc., institutions and every other eligible institution. (B) A detailed summary of services provided to those students, as follows: (i) The number of students assisted with submitting Student Tuition Recovery Fund claims to the bureau by the office, and of the claims submitted, the number that are pending, on appeal, or have been approved or denied. For the claims that have been approved, the office shall report the amount of student loans canceled, the total of student loans paid off, the total amount of cash reimbursed to students, and the total amount of educational credit granted. (ii) The number of students assisted with submitting federal loan forgiveness claims, and of the claims submitted, the number of those claims that are pending, on appeal, or have been approved or denied. For the claims that have been approved, the office shall report the estimated total in student loans canceled and the total amount of funds refunded to students. (iii) The number of students assisted with private student loan relief, other than through Student Tuition Recovery Fund claims, and a summary of assistance provided and relief outcomes obtained. (iv) The number of students whom the office helped to obtain income-dependent repayment plans on their federal loans, and of those students, the number of students helped out of default on the federal loans through consolidation or rehabilitation. (2) The office shall provide, pursuant to Section 9795 of the Government Code, the Legislature, the department, and the bureau a final report summarizing the information submitted pursuant to paragraph (1) by January 1, 2019. (Amended by Stats. 2023, Ch. 510, Sec. 104. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 20.6. Office of Student Assistance and Relief [94949.7 - 94949.8] SECTION 94949.8. Source version: id_ca881efe-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=20.6. (a) An institution that qualifies as a public institution of higher education pursuant to subdivision (b) of Section 94858.5, that is operated by another state, and that maintains a physical presence in this state may apply for an approval to operate from the bureau. (b) (1) With regard to a public institution of higher education approved pursuant to this section, the bureau shall administer and enforce this chapter, and the regulations adopted pursuant to this chapter, in the same manner and to the same extent as if such institutions were private postsecondary educational institutions, as defined in Section 94858. (2) A public institution of higher education approved pursuant to this section is subject to the provisions of, and the regulations adopted pursuant to, this chapter in the same manner and to the same extent as if it was a private postsecondary educational institution, as defined in Section 94858, including the provisions related to fees, annual reports, compliance inspections, and the Student Tuition Recovery Fund. (3) Approval of a public institution of higher education pursuant to this section does not, in and of itself, qualify the institution for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5. (c) As necessary or appropriate, the bureau shall publish public guidance regarding the application of this chapter and the regulations adopted pursuant to this chapter to a public institution of higher education approved pursuant to this section. The bureau’s development and publication of any such guidance is exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The bureau shall, on or before July 1, 2024, amend any regulations that conflict with this section. (Added by Stats. 2022, Ch. 544, Sec. 19. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 21. Termination [94950- 94950.] SECTION 94950. Source version: id_ffde9a00-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=21. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2022, Ch. 544, Sec. 20. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 8, commencing with Section 94800. ) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94810. Source version: id_525065a1-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. Unless the context requires otherwise, the definitions set forth in this article govern the construction of this chapter. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94812. Source version: id_52508cb5-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Academic year” means a period, including a minimum of 30 weeks of instructional time, in which a full-time student attending an institution that measures educational program length in credit hours completes 24 semester or trimester hours or 36 quarter hours, or an institution that measures educational program length in clock hours completes at least 900 clock hours. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94813. Source version: id_5b834440-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Accredited” means an institution is accredited by an accrediting agency recognized by the United States Department of Education. (Amended by Stats. 2014, Ch. 840, Sec. 4. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94814. Source version: id_525101e9-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Accrediting agency” is an agency recognized by the United States Department of Education. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94815. Source version: id_525128fb-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Annual report” means the yearly report required to be filed by institutions. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94816. Source version: id_7f14b746-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Applicant” means a person, as defined in Section 94855, who has submitted an application to the bureau for an approval to operate or for a renewal of an approval to operate. An approval to operate shall be issued only to an applicant. (Amended by Stats. 2024, Ch. 497, Sec. 78. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94817. Source version: id_5251500f-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Approval to operate” or “approval” means the authorization pursuant to this chapter to offer to the public and to provide postsecondary educational programs, as well as the written document issued to an institution signifying its approval to operate. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94817.5. Source version: id_52517721-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Approved to operate” or “approved” means that an institution has received authorization pursuant to this chapter to offer to the public and to provide postsecondary educational programs. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94818. Source version: id_52519e33-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Avocational education” means education offered for the purpose of personal entertainment, pleasure, or enjoyment. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94819. Source version: id_5251c545-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Branch campus” means a site other than the main campus or a satellite location. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94820. Source version: id_5251ec57-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Bureau” means the Bureau for Private Postsecondary Education in the Department of Consumer Affairs. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94821. Source version: id_52521369-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Change in business organization form” means a change of a business organization’s original form, including, for example, a situation in which a sole proprietorship becomes a partnership or corporation, or when a business organization becomes a nonprofit public benefit corporation or forms a nonprofit public benefit corporation as a subsidiary to provide the educational programs for which the business organization has an approval to operate. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94822. Source version: id_52523a7b-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Change in control” means a change in the ownership of an institution in which a person who previously did not own at least 25 percent of the stock or interest in the institution or its parent company acquires ownership of at least 25 percent of the stock or interest in the institution or its parent company. “Change in control” does not include an ownership change between family members involving less than 51 percent of the stock or interest in the institution. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94823. Source version: id_5252618d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Change in ownership” means the acquisition by a person of more than 50 percent of an interest in or stock of a parent company. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94823.5. Source version: id_5252889f-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Change of location” means a move or relocation more than 10 miles from the site at which the institution offers instruction. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94824. Source version: id_525288a1-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Class day” means a day a student is scheduled to attend a class session, or for students receiving instruction through distance education, any calendar day except Saturday, Sunday, or any holiday enumerated in Section 6700 of the Government Code. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94825. Source version: id_5252afb3-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Class session” means part of a class day that an institution conducts instruction in a particular subject. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94826. Source version: id_5252d6c5-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Commence operations” means an institution has begun to provide educational programs. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94827. Source version: id_00cc1427-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Continuing education” means instruction that does not lead to a degree in subjects that licensees are required to take solely for the purpose of continued licensure, or to enhance the licensee’s skills and knowledge within their particular profession, occupation, trade, or career field. (Amended by Stats. 2021, Ch. 552, Sec. 1. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94828. Source version: id_525324e9-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Curriculum” means an organized set of courses or modules of instruction that are prerequisites to the award of a degree or diploma. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94829. Source version: id_6bf6d854-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Default” means failure of a borrower and endorser, if any, to make an installment payment for a loan received under the federal student financial aid programs when due, or to meet other terms of the promissory note, provided that this failure persists for 270 days if payment is due monthly or 360 days if payment is due less frequently. For purposes of this section, “endorser” means an individual who signs a promissory note and agrees to repay the loan in the event that the borrower does not. (Amended by Stats. 2014, Ch. 840, Sec. 6. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94830. Source version: id_5253730d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Degree” means a recognized educational credential awarded by an institution that signifies satisfactory completion of the requirements of a postsecondary educational program at the associate’s level or above. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94831. Source version: id_52539a1f-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Degree title” means the designated subject area of the educational program that appears on the face of the document awarded to a student. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94832. Source version: id_5253c131-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Diploma” means a recognized educational credential, other than a degree, awarded by an institution that signifies satisfactory completion of the requirements of a postsecondary educational program below the associate’s level. A diploma is also known as a certificate. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94833. Source version: id_5253c133-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Director” means the Director of Consumer Affairs. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94834. Source version: id_42b05d2e-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Distance education” means transmission of instruction to students at a location separate from the faculty. (Amended by Stats. 2025, Ch. 592, Sec. 37. (SB 861) Effective January 1, 2026. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94835. Source version: id_52540f57-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Document of record” means any document required to be maintained by this chapter. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94836. Source version: id_52543669-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Educational materials” means textbooks, supplies, implements, tools, machinery, computers, electronic devices, or other goods related to any education, training, or experience required for participation in an educational program. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94837. Source version: id_03aec1b9-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Educational program” means a planned sequence composed of a set of related courses or modules, or a single course or module if not offered as a component of a set of related courses or modules, that provides education, training, skills, or experience, or a combination of these, except that “educational program” does not include a single course, workshop, seminar, continuing education course, or other instruction that consists of 32 hours of instruction or less that is not designed to lead to employment. (Amended by Stats. 2021, Ch. 552, Sec. 2. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94838. Source version: id_5254848d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Educational program approval” means authorization by the bureau, another government agency of this state, or a federal government agency, to provide educational programs, and is an element of an approval to operate. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94839. Source version: id_5254ab9f-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Enrollment” means the execution of an enrollment agreement. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94840. Source version: id_5254f9c1-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Enrollment agreement” means a written contract between a student and institution concerning an educational program. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94841. Source version: id_525520d3-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Faculty” means the instructional staff of an institution, whether these persons are employees or independent contractors. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94842. Source version: id_525547e5-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Graduate” means an individual who has been awarded a degree or diploma. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94843. Source version: id_52556ef7-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Institution” means any private postsecondary educational institution, including its branch campuses and satellite locations. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94844. Source version: id_52559609-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Institutional charges” means charges for an educational program paid directly to an institution. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94845. Source version: id_5255bd1b-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Institution manager” means an individual who is a member of an institution’s management. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94846. Source version: id_5255e42d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Instruction” means an institution’s specific, formal arrangements in which its faculty present a part of the curriculum. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94847. Source version: id_7c60cf78-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “License and examination preparation” means instruction designed to assist students to prepare for an examination for licensure. “License and examination preparation” does not include an educational program designed to instruct students in the skills and knowledge necessary to satisfy the qualifications for licensure. (Amended by Stats. 2014, Ch. 840, Sec. 8. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94848. Source version: id_52560b41-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Licensure” includes any license, certificate, permit, or similar credential that a person must hold to lawfully engage in a profession, occupation, trade, or career field. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94849. Source version: id_52563253-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Main campus” means the institution’s sole or primary teaching location. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94850. Source version: id_82a86558-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Noninstitutional charges” means charges for an educational program paid directly to an entity other than an institution that are specifically required for participation in an educational program. (Amended by Stats. 2024, Ch. 497, Sec. 79. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94850.2. Source version: id_ab5cf6e2-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Nonprofit corporation” means an institution to which contributions have been determined by the United States Internal Revenue Service to be tax-deductible pursuant to Section 501(c)(3) of Title 26 of the Internal Revenue Code, subject to the limitations described in Section 94874.1. (Added by Stats. 2020, Ch. 153, Sec. 3. (AB 70) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94850.5. Source version: id_84f5d054-ca2d-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Out-of-state private postsecondary educational institution” means a private entity without a physical presence in this state that offers distance education to California students for an institutional charge, regardless of whether the institution has affiliated institutions or institutional locations in California. (Added by Stats. 2016, Ch. 593, Sec. 4. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94851. Source version: id_52568077-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Owner” means an individual in the case of a sole proprietorship, partners in a partnership, members in a limited liability company, or shareholders in a corporation. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94852. Source version: id_5256a789-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Ownership” means a legal or equitable interest in an institution, including ownership of assets or stock. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94853. Source version: id_5256ce9b-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Parent company” means a partnership, limited liability company, or corporation that owns more than 50 percent of the stock or interest in an institution. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94854. Source version: id_5256f5ad-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Period of attendance” means a semester, quarter, or trimester for educational programs measured in credit hours and the entire educational program if measured in clock hours. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94855. Source version: id_52571cbf-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Person” means a natural person or a business organization, irrespective of its form. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94856. Source version: id_863f95da-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Person in control” means a person who, by the authority or conduct of their position, directs the management of an institution. (Amended by Stats. 2024, Ch. 497, Sec. 80. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94857. Source version: id_063fa5cb-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Postsecondary education” means a formal institutional educational program whose instruction is designed primarily for students who have completed or terminated their secondary education or are beyond the compulsory age of secondary education, including programs whose purpose is academic, vocational, or continuing professional education. (Amended by Stats. 2021, Ch. 552, Sec. 3. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94858. Source version: id_52576ae5-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Private postsecondary educational institution” means a private entity with a physical presence in this state that offers postsecondary education to the public for an institutional charge. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94858.5. Source version: id_b0584b44-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Public institution of higher education” means any of the following: (a) An institution that meets the definition of subdivision (a) of Section 66010, including a district or campus of the California Community Colleges. (b) An institution operated by the United States government, a state, as defined in Section 3306(j)(1) of Title 26 of the United States Code, a local government, as defined in Section 1393(a)(5) of Title 26 of the United States Code, or Indian tribal government, as defined in Section 7701(a)(40) of Title 26 of the United States Code. (c) An institution that is an instrumentality of a state or local government if it meets all of the following: (1) The institution’s employees are government employees. (2) The institution’s liabilities are payable to the same degree as if they were liabilities of the state or local government, in the state or local government jurisdiction where the institution is formed. (3) The institution is subject to the same financial oversight and open public records laws as the state or local government, in the state or local government jurisdiction where the institution is formed. (Added by Stats. 2020, Ch. 153, Sec. 4. (AB 70) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94859. Source version: id_525791f7-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Recruiter” means an employee of an institution whose principal job responsibilities are the recruitment of students other than on the institution’s premises. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94860. Source version: id_5257b909-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Recruitment” means actions taken by recruiters seeking enrollment of students. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94861. Source version: id_5257e01b-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Reporting period” means the institution’s fiscal year or any yearly period designated by the bureau to be covered in the institution’s annual report. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94862. Source version: id_5258072d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Satellite location” means an auxiliary classroom or teaching site within 50 miles of the branch or main location. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94865. Source version: id_52582e3f-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Site” means a main or branch campus or satellite location. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94866. Source version: id_4618b484-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Teach-out” means the arrangements an institution makes for its students to complete their educational programs when the institution or an educational program ceases to operate. (Amended by Stats. 2025, Ch. 592, Sec. 38. (SB 861) Effective January 1, 2026. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94867. Source version: id_52585553-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Third-party payer” means an employer, government program, or other entity that pays a student’s total charges when no separate agreement for the repayment of the charges exists between the third-party payer and the student. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94868. Source version: id_52587c65-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “To offer to the public” means to advertise, publicize, solicit, or recruit. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94869. Source version: id_d68e6de6-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “To operate” means to establish, keep, or maintain any facility or location in this state where, or from which, or through which, postsecondary educational programs are provided, or to enroll California residents in postsecondary educational programs in an institution based outside of the state via distance education. (Amended by Stats. 2022, Ch. 544, Sec. 3. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94870. Source version: id_5258ca89-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Total charges” means the sum of institutional and noninstitutional charges. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 3. Definitions [94810 - 94871] SECTION 94871. Source version: id_5258f19b-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=3. “Year” means a calendar year. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 4. Exemptions [94874 - 94874.9] SECTION 94874. Source version: id_08cf2a4d-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=4. Except as provided in Sections 94874.2, 94874.7, and 94927.5, the following are exempt from this chapter: (a) An institution that offers solely avocational or recreational educational programs. (b) (1) An institution only offering educational programs to members of a bona fide trade, business, professional, or fraternal organization that is separate and distinct from the institution and that sponsors the educational programs. An institution that sponsors an educational program directly or through an affiliated division or corporate entity of the institution and that requires student membership for purposes of those educational programs does not qualify under this exemption. (2) (A) Except as provided in subparagraph (B), a bona fide organization, association, or council that offers preapprenticeship training programs, on behalf of one or more Division of Apprenticeship Standards-approved labor-management apprenticeship programs that satisfies one of the following conditions: (i) It is not on the Eligible Training Provider List established and maintained by the California Workforce Development Board but has met the requirements for placement on the list. (ii) It is on the Eligible Training Provider List established and maintained by the California Workforce Development Board and meets the requirements for continued listing. (B) If an organization, association, or council has been removed from the Eligible Training Provider List established and maintained by the California Workforce Development Board for failure to meet performance standards, it is not exempt until it meets all applicable performance standards. (c) A postsecondary educational institution established, operated, and governed by the federal government or by this state or its political subdivisions. (d) An institution offering either of the following: (1) Test preparation for examinations required for admission to a postsecondary educational institution. (2) Continuing education or license examination preparation, if the institution or the program is approved, certified, or sponsored by any of the following: (A) A government agency, other than the bureau, that licenses persons in a particular profession, occupation, trade, or career field. (B) A state-recognized professional licensing body, such as the State Bar of California, that licenses persons in a particular profession, occupation, trade, or career field. (C) A bona fide trade, business, or professional organization. (e) (1) An institution owned, controlled, and operated and maintained by a religious organization lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code, that meets all of the following requirements: (A) The instruction is limited to the principles of that religious organization, or to courses offered pursuant to Section 2789 of the Business and Professions Code. (B) The diploma or degree is limited to evidence of completion of that education. (2) An institution operating under this subdivision shall offer degrees and diplomas only in the beliefs and practices of the church, religious denomination, or religious organization. (3) An institution operating under this subdivision shall not award degrees in any area of physical science. (4) Any degree or diploma granted under this subdivision shall contain on its face, in the written description of the title of the degree being conferred, a reference to the theological or religious aspect of the degree’s subject area. (5) A degree awarded under this subdivision shall reflect the nature of the degree title, such as “associate of religious studies,” “bachelor of religious studies,” “master of divinity,” or “doctor of divinity.” (f) An institution that does not award degrees and that solely provides educational programs for total charges of two thousand five hundred dollars ($2,500) or less when no part of the total charges is paid from state or federal student financial aid programs. The bureau may adjust this cost threshold based upon the California Consumer Price Index and post notification of the adjusted cost threshold on its internet website as the bureau determines, through the promulgation of regulations, that the adjustment is consistent with the intent of this chapter. (g) A law school that is accredited by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association or a law school or law study program that is subject to the approval, regulation, and oversight of the Committee of Bar Examiners, pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code. (h) A nonprofit public benefit corporation that satisfies all of the following criteria: (1) Is qualified under Section 501(c)(3) of the United States Internal Revenue Code. (2) Is organized specifically to provide workforce development or rehabilitation services. (3) Is accredited by an accrediting organization for workforce development or rehabilitation services recognized by the Department of Rehabilitation. (i) An institution that is accredited by the Accrediting Commission for Senior Colleges and Universities, Western Association of Schools and Colleges, or the Accrediting Commission for Community and Junior Colleges, Western Association of Schools and Colleges. (j) Flight instruction providers or programs that provide flight instruction pursuant to Federal Aviation Administration regulations and meet both of the following criteria: (1) The flight instruction provider or program does not require students to enter into written or oral contracts of indebtedness. (2) The flight instruction provider or program does not require or accept prepayment of instruction-related costs in excess of two thousand five hundred dollars ($2,500). (k) (1) An institution owned, controlled, operated, and maintained by a community-based organization, as defined in Section 7801 of Title 20 of the United States Code, as that section exists on March 1, 2017, that satisfies all of the following criteria: (A) The institution has programs on or is applying for some or all of their programs to be on the Eligible Training Provider List established and maintained by the California Workforce Development Board. (B) The institution is registered as a nonprofit entity qualified under Section 501(c)(3) of the federal Internal Revenue Code. (C) The institution does not offer degrees, as defined in Section 94830. (D) The institution does not offer educational programs designed to lead directly or specifically to positions in a profession, occupation, trade, or career field requiring licensure, if bureau approval is required for the student to be eligible to sit for licensure. (E) The institution would not otherwise be subject to oversight of the bureau under this chapter if it did not receive funding under the federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.). For purposes of this requirement, funds received through the federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.) do not count towards the total referenced in subdivision (f) or any other fee charge limitation condition for an exemption from this chapter. (F) The institution can provide a letter from the local workforce development board that demonstrates the institution has met the initial criteria of that board. (2) An institution granted an exemption pursuant to paragraph (1) shall comply with all of the following requirements: (A) The institution shall provide to the Employment Development Department all required tracking information and data necessary to comply with performance reporting requirements under the federal Workforce Innovation and Opportunity Act, codified in Chapter 32 (commencing with Section 3101) of Title 29 of the United States Code, for programs on the Eligible Training Provider List. (B) The institution shall comply with the Eligible Training Provider List policy developed by the California Workforce Development Board. (C) The institution shall not charge a student who is a recipient of funding under the federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3101 et seq.) any institutional charges, as defined in Section 94844, for attending and participating in the program. (Amended by Stats. 2021, Ch. 552, Sec. 4. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 4. Exemptions [94874 - 94874.9] SECTION 94874.1. Source version: id_b379fda6-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=4. (a) The bureau shall not verify the exemption from this chapter of, or contract for the complaint handling for, a nonprofit institution that operated as a for-profit institution during any period on or after January 1, 2010, unless the Attorney General verifies all of the following: (1) The nonprofit institution acquired the for-profit institution’s assets for no more than the fair value of the assets. (2) The nonprofit institution has not executed agreements for goods or services exceeding the fair value of the goods or services. (3) All core functions of the nonprofit institution are conducted by, or under the direction of, the nonprofit institution. (4) The nonprofit institution has not entered into any contracts, loans, or leases with a term of longer than three years with the former for-profit institution’s owners and managers. This paragraph does not apply to a nonprofit institution that previously operated as a for-profit institution that is owned by or controlled by a public institution of higher learning. (b) An action under subdivision (a) may be appealed to the superior court. (c) “Fair value” shall be demonstrated through one of the following: (1) A third-party appraisal based on comparable assets acquired by, or goods or services procured by, nonprofit corporations in similar market conditions. (2) Independent financing of the acquisition or procurement based upon the asset acquired or goods or services procured. (3) Full and open competition in the acquisition of the assets or procurement of the goods or services. (d) Within 90 days of the receipt of all information the Attorney General has determined is necessary for its verification pursuant to subdivision (a), the Attorney General shall notify the institution and the bureau in writing of the Attorney General’s verification pursuant to subdivision (a). (e) This section shall become operative on January 1, 2022. (Added by Stats. 2020, Ch. 153, Sec. 5. (AB 70) Effective January 1, 2021. Operative January 1, 2022, by its own provisions. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 4. Exemptions [94874 - 94874.9] SECTION 94874.2. Source version: id_912725ea-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=4. Beginning January 1, 2016, an institution that is approved to participate in veterans’ financial aid programs pursuant to Section 21.4253 of Title 38 of the Code of Federal Regulations that is not an independent institution of higher education, as defined in subdivision (b) of Section 66010, shall not be exempt from this chapter. (Amended by Stats. 2016, Ch. 593, Sec. 6. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 4. Exemptions [94874 - 94874.9] SECTION 94874.5. Source version: id_9a45700c-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=4. An institution that is otherwise exempt from this chapter shall comply with the requirements of Section 94927.5. (Amended by Stats. 2016, Ch. 593, Sec. 7. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 4. Exemptions [94874 - 94874.9] SECTION 94874.7. Source version: id_a3e916ce-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=4. The bureau shall establish, by regulation, a process pursuant to which an institution that is exempt from this chapter may request, and obtain, from the bureau verification that the institution is exempt. The verification shall be valid for a period of up to two years, as long as the institution maintains full compliance with the requirements of the exemption. The bureau shall establish a reasonable fee to reimburse the bureau’s costs associated with the implementation of this section. (Amended by Stats. 2016, Ch. 593, Sec. 8. (SB 1192) Effective January 1, 2017. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 4. Exemptions [94874 - 94874.9] SECTION 94874.8. Source version: id_a7857d3d-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=4. (a) An institution exempt from all or part of this chapter pursuant to subdivision (i) of Section 94874 or Section 94874.1 may apply to the bureau for an approval to operate pursuant to this section, but only subject to all of the following provisions: (1) The bureau may approve the operation of an institution that is exempt from all or part of this chapter as specified above in accordance with the authority granted pursuant to Article 6 (commencing with Section 94885). Upon issuing an approval to operate to an institution pursuant to this section, the bureau is authorized to regulate that institution through the full set of powers granted, and duties imposed, by this chapter, as those powers and duties would apply to an institution that is not exempt from this chapter. (2) Notwithstanding any other law, upon issuance of an approval to operate pursuant to this section, the institution is no longer eligible for exemption, from the provisions of this chapter pursuant to subdivision (i) of Section 94874 or Section 94874.1, unless authorized by subsequent legislation. (3) Upon issuance of an approval to operate pursuant to this section, an institution is subject to all provisions of this chapter, and any regulations adopted pursuant to this chapter, that apply to an institution subject to this chapter, except as expressly provided in paragraph (4). (4) (A) With respect to the placement and salary or wage data required to be collected, calculated, and reported by Article 16 (commencing with Section 94928), an institution issued an approval to operate pursuant to this section is not required to report on its first School Performance Fact Sheet any data from the period prior to the date of the issuance of the approval to operate that the institution was not required to collect and does not have available to it. An institution shall, however, report available data collected and calculated in accordance with this chapter and applicable regulations, regardless of the purpose for which the data was collected. If the required data is unavailable, the institution shall also disclose the unavailability of the data on all documents required by this chapter and regulations adopted pursuant to this chapter. Upon receiving an approval to operate pursuant to this section, an institution shall commence to collect and calculate all information necessary to comply with Article 16 (commencing with Section 94928). (B) An institution receiving an approval to operate pursuant to this section shall provide to prospective students the School Performance Fact Sheet, file that fact sheet with the bureau, and post it on the institution’s internet website no later than the first August 1 after the institution is approved to operate and no later than August 1 of each year thereafter. These School Performance Fact Sheets shall report data for the previous two calendar years based upon the number of students who began the program or the number of graduates for each reported calendar year. If two calendar years have not passed since the issuance of the approval to operate by the August 1 deadline for the School Performance Fact Sheet, unless data for two years is available, the institution shall report the required data for the period subsequent to the date of the issuance of the notice of approval. (b) An institution exempt from all or part of this chapter pursuant to subdivision (i) of Section 94874 or Section 94874.1 that was approved to operate by the bureau before the effective date of this section shall be deemed to have been approved pursuant to this section. (Amended by Stats. 2023, Ch. 510, Sec. 92. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 4. Exemptions [94874 - 94874.9] SECTION 94874.9. Source version: id_ab32f4df-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=4. (a) An independent institution of higher education, as defined in Section 66010, that is exempt from this chapter pursuant to subdivision (i) of Section 94874 shall comply with all applicable state and federal laws, including laws relating to fraud, abuse, and false advertising. (b) An institution described in subdivision (a) may execute a contract with the bureau for the bureau to review and, as appropriate, act on complaints concerning the institution, in accordance with Section 600.9 of Title 34 of the Code of Federal Regulations. (c) The execution of a contract by the bureau with an institution pursuant to subdivision (b) shall constitute establishment by the state of that institution to offer programs beyond secondary education, including programs leading to a degree or certificate, in accordance with Section 600.9 of Title 34 of the Code of Federal Regulations. (d) The bureau shall use a standard form contract for purposes of this section. (e) A contract executed pursuant to this section shall, at a minimum, do all of the following: (1) Require an institution to do all of the following: (A) Cooperate with the bureau to resolve complaints received pursuant to this section. (B) Provide the following disclosure notice in all written and internet-based documentation in which the institution’s complaint process is described, including the student catalog, student handbook, and the institution’s internet website: “An individual may contact the Bureau for Private Postsecondary Education for review of a complaint. The bureau may be contacted at (address), Sacramento, CA (ZIP Code), (internet website address), (telephone and fax numbers).” (C) Designate a person at the institution to act as a liaison to the bureau. (D) Pay one thousand seventy-six dollars ($1,076) each year for costs incurred by the bureau to perform activities pursuant to the contract, unless another amount is determined by the bureau. (2) (A) Authorize the bureau, for any complaint it receives, including any complaints related to the institution’s policies or procedures, or both, as determined by the bureau, to refer the complaint to the institution, an accrediting agency, or another appropriate entity for resolution. (B) The bureau shall notify the complainant and the institution of a referral. (C) This paragraph shall not be construed to relieve the bureau of its responsibility to ensure that a complaint it has referred for purposes of resolution is resolved by the receiving entity. (f) The bureau may terminate a contract executed pursuant to this section if an institution is no longer an independent institution of higher education as defined in Section 66010 or fails to comply with the provisions of the contract. (g) All moneys collected by the bureau that relate to a contract executed pursuant to this section, including payments collected in accordance with subparagraph (D) of paragraph (1) of subdivision (e), shall be deposited in the Private Postsecondary Education Administration Fund. (h) The bureau shall maintain, on its internet website, both of the following: (1) The provisions of the standard form contract used for purposes of this section. (2) A list of institutions with which the bureau has executed a contract pursuant to this section. (i) On or before February 1, 2017, and each year thereafter, the bureau shall report to the Director of Finance and, in conformity with Section 9795 of the Government Code, to the Legislature regarding implementation of this section. The report shall include all of the following information: (1) A list of institutions with which the bureau has executed a contract pursuant to this section. (2) The total number of complaints received by the bureau relating to institutions listed in paragraph (1). (3) The general nature of those complaints. (4) The total number of those complaints referred to another entity, disaggregated by the entity to which each complaint was referred. (5) The total number of complaints resolved, disaggregated by the entity that resolved each complaint. (6) The total number of complaints pending, disaggregated by the entity to which each complaint was referred. (j) Notwithstanding any other law, the Department of General Services, at the request of the bureau, may exempt contracts executed pursuant to this section from any laws, rules, resolutions, or procedures that are otherwise applicable to public contracts that the Department of General Services administers. (Amended by Stats. 2023, Ch. 510, Sec. 93. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94875. Source version: id_525ac669-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. The Bureau for Private Postsecondary Education, as established by Section 6 of Chapter 635 of the Statutes of 2007, is continued in existence and shall commence operations. This chapter establishes the functions and responsibilities of the bureau, for the purposes of Section 6 of Chapter 635 of the Statutes of 2007. The bureau shall regulate private postsecondary educational institutions through the powers granted, and duties imposed, by this chapter. In exercising its powers, and performing its duties, the protection of the public shall be the bureau’s highest priority. If protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94876. Source version: id_89e8c7bc-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. (a) The powers and duties set forth in this chapter are vested in the Director of Consumer Affairs, who may delegate them to a bureau chief, subject to this section. The bureau chief shall work in collaboration with the director. The director is responsible for the implementation of this chapter and they shall ensure that the protection of the public is the bureau’s highest priority. (b) The bureau chief shall be appointed by the Governor, subject to confirmation by the Senate, and is exempt from the State Civil Service Act pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code. (c) Each power granted to, or duty imposed upon, the bureau under this chapter shall be exercised and performed in the name of the bureau, subject to any conditions and limitations the director may prescribe. The bureau chief may delegate any powers or duties to a designee. (d) As may be necessary to carry out this chapter, the director, in accordance with the State Civil Service Act, may appoint and fix the compensation of personnel. (Amended by Stats. 2024, Ch. 497, Sec. 81. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94877. Source version: id_9d4ab6c0-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. (a) The bureau shall adopt and shall enforce regulations to implement this chapter pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) The bureau shall develop and implement an enforcement program, pursuant to Article 18 (commencing with Section 94932) to implement this chapter. The enforcement program shall include a plan for investigating complaints filed with the bureau. The bureau shall contract with the office of the Attorney General, or other appropriate state agency, to establish a process for the bureau’s staff to be trained to investigate complaints, including, but not limited to, the information, evidence, and materials needed to process complaints. (c) The bureau shall institute training to ensure that its staff are equipped to review and verify the accuracy of the data contained in consumer disclosures, including, but not limited to, the School Performance Fact Sheet. (d) The bureau shall establish a program to proactively identify unlicensed institutions, identify material or repeated violations of this chapter and regulations implementing this chapter, and take all appropriate legal action. (Amended by Stats. 2014, Ch. 840, Sec. 13. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94878. Source version: id_aee3edf1-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. (a) The bureau shall establish an internet website that includes at least all of the following information: (1) An explanation of the bureau’s scope of authority. (2) (A) A directory of approved institutions, and a link, if feasible, to the internet website of each institution. (B) For each institution, the directory shall be developed in a manner that allows the user to search by institution and shall include all of the following information: (i) The status of the institution’s approval to operate. (ii) The information provided by the institutions, including, but not limited to, the annual report, as required by Section 94934, including the school catalog and the School Performance Fact Sheet. The School Performance Fact Sheet shall be maintained on the directory for at least five years after the date of its submission to the bureau. (iii) If a law school satisfies the requirements of this chapter regarding a School Performance Fact Sheet by complying with the requirements of Section 94910.5, the bureau shall include the information provided by the institution pursuant to Section 94910.5 on its internet website and shall maintain the information in the same manner as required by clause (ii). (iv) The disciplinary history of the institution, which shall include, but shall not be limited to, all of the following: (I) Pending formal accusations filed by the bureau. (II) Suspensions, revocations, citations, fines, infractions, probations, pending litigation filed by the bureau, and final judgments resulting from litigation filed by the bureau. (III) Pending or final civil or criminal cases filed by the Attorney General, a city attorney, or a district attorney in this state, or filed in any state by an attorney general or a federal regulatory or prosecutorial agency of which the bureau has received notice. (IV) Final administrative actions by the United States Department of Education, including orders requiring restitution to students. (V) All disciplinary actions ordered by an accreditation agency, including any order to show cause, of which the bureau has received notice pursuant to Section 94934 or other information otherwise publicly available of which the bureau has received notice. (b) The bureau shall maintain the internet website described in subdivision (a). The bureau shall ensure that the information specified in subdivision (a) is kept current. The bureau shall update the internet website at least annually, to coincide with the submission of annual reports by the institutions pursuant to Section 94934. (c) (1) The bureau shall post on its internet website a list of all institutions that were denied approval to operate, after the denial is final, and describe in clear and conspicuous language the reason the institution was denied approval. The bureau shall include with this list the statement provided in paragraph (2) on its internet website: (2) “The following institutions were denied approval to operate by the Bureau for Private Postsecondary Education for failing to satisfy the standards relating to educational quality, or consumer protection, or both. These unlicensed institutions are not operating in compliance with the law, and students are strongly discouraged from attending these institutions.” (Amended by Stats. 2023, Ch. 510, Sec. 94. (SB 887) Effective January 1, 2024. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94880. Source version: id_0b67fd9f-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. (a) There is within the bureau a 12-member advisory committee. The members of the committee shall be appointed as follows: (1) Three members, who shall have a demonstrated record of advocacy on behalf of consumers, of which the director, the Senate Committee on Rules, and the Speaker of the Assembly shall each appoint one member. (2) Two members, who shall be current or past students of institutions, appointed by the director. (3) Three members, who shall be representatives of institutions, appointed by the director. (4) One public member appointed by the Senate Committee on Rules. (5) One public member appointed by the Speaker of the Assembly. (6) Two nonvoting, ex officio members as follows: (A) The chair of a policy committee of the Assembly with jurisdiction over legislation relating to the bureau appointed by the Speaker of the Assembly. The chair may designate a representative for any meeting or meetings the chair is unable to attend. (B) The chair of a policy committee of the Senate with jurisdiction over legislation relating to the bureau appointed by the Senate Committee on Rules. The chair may designate a representative for any meeting or meetings the chair is unable to attend. (b) (1) A member appointed pursuant to paragraph (2), (4), or (5) of subdivision (a) shall not, either at the time of the member’s appointment or during the member’s tenure in office, have any financial interest in any organization currently or previously subject to regulation by the bureau, be a close family member of an employee, officer, or the director of any institution subject to regulation by the bureau, or currently have, or previously have had, a business relationship, in the five years preceding the member’s appointment, with any institution subject to regulation by the bureau. (2) A member appointed pursuant to paragraph (2), (4), or (5) of subdivision (a) shall not, within the five years immediately preceding the member’s appointment, have engaged in pursuits on behalf of an institution or institutional accreditor or have provided representation to the postsecondary educational industry or a profession regulated by the bureau, if the member is employed in the industry or a member of the profession, respectively, and the member shall not engage in those pursuits or provide that representation during the member’s term of office. (c) The advisory committee shall examine the oversight functions and operational policies of the bureau and advise the bureau with respect to matters relating to private postsecondary education and the administration of this chapter, including annually reviewing the fee schedule and the equity of the schedule relative to the way institutions are structured, and the licensing and enforcement provisions of this chapter. The advisory committee shall make recommendations with respect to policies, practices, and regulations relating to private postsecondary education, and shall provide any assistance as may be requested by the bureau. (d) The bureau shall actively seek input from, and consult with, the advisory committee regarding the development of regulations to implement this chapter before the adoption, amendment, or repeal of its regulations, and provide the advisory committee with sufficient time to review and comment on those regulations. The bureau shall take into consideration and respond to all feedback provided by members of the advisory committee. (e) The bureau chief shall attend all advisory committee meetings and shall designate staff to provide ongoing administrative support to the advisory committee. (f) Until January 1, 2017, the director shall personally attend, and testify and answer questions at, each meeting of the advisory committee. (g) The Chief of the Office of Student Assistance and Relief established in Article 20.6 (commencing with Section 94949.7) shall attend, and testify and answer questions at, each meeting of the advisory committee. (h) The advisory committee shall have the same access to records within the Department of Consumer Affairs related to the operation and administration of this chapter as do members of constituent boards of the department in regard to records related to their functions. (i) Advisory committee meetings shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). Advisory committee meeting materials shall be posted on the internet. A majority of the voting members of the committee shall constitute a quorum for the committee’s meetings. (j) The advisory committee shall meet at least quarterly and shall appoint a member of the committee to represent the committee for purposes of communicating with the Legislature. (k) The Department of Consumer Affairs shall review, and revise if necessary, the department’s conflicts of interest regulations to ensure that each advisory committee member is required to disclose conflicts of interest to the public. (l) The advisory committee shall elect annually from among its members a chair and vice chair. A member shall not serve in the chair or vice chair position for more than a combined two years. (m) The advisory committee shall adopt reasonable rules for the conduct of its affairs consistent with this section. (Amended by Stats. 2021, Ch. 552, Sec. 5. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94881. Source version: id_525c4d15-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. The bureau may conduct workshops to provide applicants and institutions information on application processes, compliance with this chapter, best practices for providing postsecondary educational programs, and other subjects concerning postsecondary education. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94882. Source version: id_525c7427-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. The bureau may empanel visiting committees to assist in evaluating an institution’s application for an approval to operate. The members of visiting committees shall serve at no expense to the state, except that the bureau may reimburse the members of visiting committees for actual travel and per diem expenses incurred during the evaluation. The bureau may seek reimbursement for the travel and per diem costs from the institution that is the subject of an evaluation. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94883. Source version: id_8d8e501e-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. (a) Any individual serving on a visiting committee who provides information to the bureau, or its staff, in the course of evaluating any institution, or who testifies in any administrative hearing arising under this chapter, is entitled to a defense and indemnification in any action arising out of the information or testimony provided as if they were a public employee. (b) Any defense and indemnification shall be solely with respect to the action pursuant to Article 4 (commencing with Section 825) of Chapter 1 of Part 2 of, and Part 7 (commencing with Section 995) of, Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 2024, Ch. 497, Sec. 82. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 5. Bureau Powers and Duties [94875 - 94884] SECTION 94884. Source version: id_525d106b-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=5. The bureau is subject to Section 27 of the Business and Professions Code. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94885. Source version: id_d9bb1cc8-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. (a) The bureau shall adopt by regulation minimum operating standards for an institution that shall reasonably ensure that all of the following occur: (1) The content of each educational program can achieve its stated objective. (2) The institution maintains specific written standards for student admissions for each educational program and those standards are related to the particular educational program. (3) The facilities, instructional equipment, and materials are sufficient to enable students to achieve the educational program’s goals. (4) The institution maintains a withdrawal policy and provides refunds. (5) The directors, administrators, and faculty are properly qualified. (6) The institution is financially sound and capable of fulfilling its commitments to students. (7) That, upon satisfactory completion of an educational program, the institution gives students a document signifying the degree or diploma awarded. (8) Adequate records and standard transcripts are maintained and are available to students. (9) The institution is maintained and operated in compliance with this chapter and all other applicable ordinances and laws. (b) Except as provided in Section 94885.1, an institution offering a degree must satisfy one of the following requirements: (1) Accreditation by an accrediting agency recognized by the United States Department of Education, with the scope of that accreditation covering the offering of at least one degree program by the institution. (2) An accreditation plan, approved by the bureau, for the institution to become fully accredited within five years of the bureau’s issuance of a provisional approval to operate to the institution’s degree programs. The provisional approval for the unaccredited institution to operate degree programs shall be in compliance with Section 94885.5. (c) For institutions that are approved by means of accreditation and accredited by an agency that loses recognition by the United States Department of Education, an application for approval to operate an institution unaccredited shall be submitted to the bureau within six months of the agency’s loss of recognition. The application shall include an accreditation plan for the institution to become fully accredited by an accrediting agency recognized by the United States Department of Education within five years of the bureau’s issuance to the institution of a provisional approval to operate degree programs. If the institution fails to submit the required application and accreditation plan within six months of its accreditor’s loss of recognition, the institution shall cease to hold a valid approval to operate. The bureau shall review the submitted application and accreditation plan and issue the institution a provisional approval to operate degree programs within 18 months of the accreditor’s loss of recognition or deny the application, at which time the institution shall cease to hold a valid approval to operate. An unaccredited institution with a provisional approval to operate degree programs shall comply with Section 94885.5, except for paragraph (1) of subdivision (a) of Section 94885.5. The institution shall not seek bureau approval for additional degree programs until the institution regains accreditation. (Amended by Stats. 2022, Ch. 544, Sec. 4. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94885.5. Source version: id_109c8a73-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. (a) If an institution that has not been accredited by an accrediting agency recognized by the United States Department of Education seeks to offer one or more degree programs, the institution shall satisfy the following requirements in order to be issued a provisional approval to operate degree programs from the bureau: (1) The institution may not offer more than two degree programs during the term of its provisional approval to operate degree programs. (2) The institution shall submit an accreditation plan, approved by the bureau, for the institution to become fully accredited within five years of issuance of its provisional approval to operate degree programs. The plan shall include, at a minimum, identification of an accreditation agency recognized by the United States Department of Education, from which the institution plans to seek accreditation, and outline the process by which the institution will achieve accreditation candidacy or pre-accreditation within two years, and full accreditation within five years, of issuance of its provisional approval to operate degree programs. (3) The institution shall submit to the bureau all additional documentation the bureau deems necessary to determine if the institution will become fully accredited within five years of issuance of its provisional approval to operate degree programs. (b) If an institution is granted a provisional approval to operate degree programs pursuant to subdivision (a), the following is required: (1) Students seeking to enroll in that institution shall be notified in writing by the institution, before the execution of the student’s enrollment agreement, that the institution’s approval to operate is contingent upon it being subsequently accredited. (2) Within the first two years of issuance of the provisional approval to operate degree programs, a visiting committee, empaneled by the bureau pursuant to Section 94882, shall review the institution’s application for approval and its accreditation plan, and make a recommendation to the bureau regarding the institution’s progress to achieving full accreditation. (3) The institution shall provide evidence of accreditation candidacy or pre-accreditation within two years of issuance of its provisional approval to operate degree programs, and evidence of accreditation within five years of issuance of its provisional approval to operate degree programs, with the scope of that accreditation covering the offering of at least one degree program. (c) (1) Except as provided in paragraph (2), an institution required to comply with this section that fails to do so by the dates provided, as required, or for which accreditation is removed or revoked by the accrediting agency, shall have its provisional approval to operate degree programs automatically suspended on the applicable date. The bureau shall issue an order suspending the institution’s degree programs and that suspension shall not be lifted until the institution complies with the requirements of this section or has its accreditation reinstated. An institution that has its degree programs suspended shall not enroll new students in any of its degree programs and shall execute a teach-out plan for its enrolled students in those degree programs. (2) (A) This section does not prohibit an institution from voluntarily ceasing to pursue accreditation. An institution that voluntarily ceases to pursue accreditation shall immediately notify the bureau in writing of the institution’s intent to stop offering its degree programs and shall comply with all other applicable laws and regulations. Upon the bureau’s receipt of the notification, the institution’s approval to operate degree programs is deemed voluntarily surrendered. (B) An institution offering both degree and nondegree programs that has its provisional approval to operate degree programs suspended or that voluntarily ceases to pursue accreditation may continue to offer its nondegree programs, subject to all other laws and regulations. (C) An institution that is pursuing accreditation under this section shall not make a change in ownership, change in control, or change in business organization form pursuant to Sections 94893 and 94894 until the institution obtains full accreditation. (d) (1) The bureau shall, upon the timely submission of sufficient evidence that an unaccredited institution is making strong progress toward obtaining accreditation, or if warranted by the accrediting agency’s conditions for applying for accreditation related to student enrollment or graduation, grant an institution’s request for an extension of time, not to exceed a combined total of five years, to meet the requirements of this section. (2) Evidence submitted to the bureau pursuant to paragraph (1) shall include, but is not limited to, an amended accreditation plan adequately identifying why preaccreditation, accreditation candidacy, or accreditation outlined in the original plan submitted to the bureau was not achieved, active steps the institution is taking to comply with this section, and documentation from an accrediting agency demonstrating either the institution’s likely ability to meet the requirements of this section or the accrediting agency’s relevant conditions for an institution to apply for accreditation. (3) The bureau may establish policies and procedures to comply with the requirements in this subdivision. Establishment of these policies and procedures are exempt from Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (e) An institution issued a provisional approval to operate degree programs under this section is required to comply with all other laws and regulations. (f) The bureau shall adopt emergency regulations for purposes of implementing this section. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 of the Government Code. These emergency regulations shall become law through the regular rulemaking process within one year of the enactment of this section. (Amended by Stats. 2021, Ch. 552, Sec. 7. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94885.7. Source version: id_beabc648-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. (a) When an institution offering at least one degree program has ceased to be accredited by an accrediting agency recognized by the United States Department of Education, the institution shall notify the bureau immediately, but no more than seven days after it ceases to be accredited. The institution’s approval to operate degree programs shall become provisional as of the date that the institution ceases to be accredited. (b) An institution that has had its approval to operate degree programs become provisional shall satisfy the following requirements in order to maintain its provisional approval to operate degree programs from the bureau: (1) The institution shall not seek bureau approval for additional degree programs until the institution regains accreditation. (2) Within six months of its approval to operate degree programs becoming provisional, the institution shall submit an accreditation plan, to be approved by the bureau, for the institution to become fully accredited within five years of the date of its provisional approval to operate degree programs. The plan shall include, at a minimum, identification of an accreditation agency recognized by the United States Department of Education, from which the institution plans to seek accreditation, and outline the process by which the institution will achieve accreditation candidacy or pre-accreditation within two years, and full accreditation within five years, of its provisional approval to operate degree programs. (3) The institution shall submit to the bureau all additional documentation the bureau deems necessary to determine if the institution will become fully accredited within five years of its approval to operate degree programs being deemed provisional. (c) An institution that satisfies the requirements of subdivision (b) shall comply with both of the following: (1) Notify students seeking to enroll in the institution, in writing, before the execution of the student’s enrollment agreement, that the institution’s approval to operate a degree program is contingent upon the institution being subsequently accredited. (2) Within the first two years of the institution’s approval to operate degree programs being deemed provisional, a visiting committee, empaneled by the bureau pursuant to Section 94882, shall review the institution’s documentation of provisional approval and its accreditation plan, and make a recommendation to the bureau regarding the institution’s progress toward achieving full accreditation. (d) (1) The bureau shall, upon the timely submission of sufficient evidence that an unaccredited institution is making strong progress toward obtaining accreditation, grant an institution’s request for an extension of time, not to exceed five years in total, to meet the requirements of this section. (2) Evidence submitted to the bureau pursuant to paragraph (1) shall include, but is not limited to, an amended accreditation plan adequately identifying why pre-accreditation, accreditation candidacy, or accreditation outlined in the original plan submitted to the bureau was not achieved, active steps the institution is taking to comply with this section, and documentation from an accrediting agency demonstrating the institution’s likely ability to meet the requirements of this section. (3) The bureau may establish policies and procedures to comply with the requirements of this subdivision. Establishment of these policies and procedures are exempt from Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (e) Any institution that fails to comply with the requirements of this section by the dates provided shall have its provisional approval to operate degree programs automatically suspended on the applicable date. The bureau shall issue an order suspending the institution’s provisional approval to operate degree programs and that suspension shall not be lifted until the institution complies with the requirements of this section or has its accreditation reinstated. An institution with a suspended provisional approval to operate degree programs shall not enroll new students in any of its degree programs and shall execute a teach-out plan for its enrolled students. (f) (1) This section does not prohibit an institution from voluntarily ceasing to pursue accreditation. An institution that voluntarily ceases to pursue accreditation shall immediately notify the bureau in writing of the institution’s intent to stop offering its degree programs and shall comply with all other applicable laws and regulations. Upon the bureau’s receipt of the notification, the institution’s approval to operate degree programs is deemed voluntarily surrendered. (2) An institution offering both degree and nondegree programs that has its provisional approval to operate degree programs suspended or that voluntarily ceases to pursue accreditation may continue to offer its nondegree programs and is subject to all other laws and regulations. (3) An institution that is pursuing accreditation under this section shall not make a change in ownership, change in control, or change in business organization form pursuant to Sections 94893 and 94894 until the institution obtains full accreditation. (Added by Stats. 2022, Ch. 544, Sec. 5. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94886. Source version: id_525dd3c1-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. Except as exempted in Article 4 (commencing with Section 94874) or in compliance with the transition provisions in Article 2 (commencing with Section 94802), a person shall not open, conduct, or do business as a private postsecondary educational institution in this state without obtaining an approval to operate under this chapter. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94887. Source version: id_dcdecafa-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. An approval to operate shall be granted only after an applicant has presented sufficient evidence to the bureau, and the bureau has independently verified the information provided by the applicant through site visits or other methods deemed appropriate by the bureau, that the applicant has the capacity to satisfy the minimum operating standards. The bureau shall deny an application for an approval to operate if the application does not satisfy those standards. The bureau may deny an application for an approval to operate institutions that would be owned by, have persons in control of, or employ institution managers that had knowledge of, should have known, or knowingly participated in any conduct that was the cause for revocation or unmitigated discipline at another institution. (Amended by Stats. 2022, Ch. 544, Sec. 6. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94888. Source version: id_c5ee280a-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. (a) The bureau shall adopt by regulation both of the following: (1) The process and procedures whereby an institution seeking approval to operate may apply for and obtain an approval to operate. (2) The process and procedures governing the bureau’s approval and denial of applications for approval to operate, including the process and procedures whereby an applicant for which an application has been denied may appeal that denial. (b) The bureau shall, by regulation, establish both of the following: (1) A process for issuing a notification of a denial of an approval to operate to an institution that submits an application for approval to operate and for which that application is denied. The notification of denial shall include a statement of reasons for the denial. (2) Application processing goals and timelines to ensure an institution that has submitted a complete application for approval to operate has that application promptly reviewed for compliance within 30 days of bureau receipt of the application, or within an appropriate timeline as determined by the bureau. The timelines shall ensure that an institution that has submitted a complete and compliant application receives approval within 30 days of the application being deemed compliant by the bureau, or within an appropriate timeline as determined by the bureau. (Amended by Stats. 2014, Ch. 840, Sec. 21. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94889. Source version: id_133054b5-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. Except as provided in subdivision (b) of Section 94890, an approval to operate shall be for a term of five years. (Amended by Stats. 2021, Ch. 552, Sec. 8. (SB 802) Effective January 1, 2022. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94890. Source version: id_ce2c997c-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. (a) (1) The bureau shall grant an institution that is accredited an approval to operate by means of its accreditation. (2) The bureau shall adopt by regulation the process and procedures whereby an institution that is accredited may apply for and obtain an approval by means of that accreditation. The bureau shall establish application processing goals and timelines to ensure that an institution that has submitted a complete application for approval to operate by means of its accreditation has that application promptly reviewed for compliance within 30 days of the bureau’s receipt of the application or within an appropriate timeline as determined by the bureau. The timelines shall ensure that an institution that has submitted a complete and compliant application receives approval within 30 days of the application being deemed compliant by the bureau, or within an appropriate timeline as determined by the bureau. (b) The term of an approval to operate pursuant to this section shall be coterminous with the term of accreditation. Upon renewal of the institution’s accreditation, the institution shall submit verification to the bureau, on a form provided by the bureau, that the institution’s accreditation has been renewed. (c) Institutions that are granted an approval to operate by means of the institution’s accreditation shall comply with all other applicable requirements in this chapter. (Amended by Stats. 2014, Ch. 840, Sec. 22. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94891. Source version: id_d63072ee-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. (a) The bureau shall adopt by regulation the process and procedures whereby an institution may obtain a renewal of an approval to operate. (b) To be granted a renewal of an approval to operate, the institution shall demonstrate its continued capacity to meet the minimum operating standards. (c) (1) An institution that is denied renewal of an approval to operate may file an appeal in accordance with the procedures established by the bureau pursuant to Section 94888. (2) An institution that has filed an appeal of a denial of a renewal application may continue to operate during the appeal process, but must disclose in a written statement, approved by the bureau, to all current and prospective students, that the institution’s application for renewal of approval to operate was denied by the bureau because the bureau determined the application did not satisfy the requirements to operate in California, that the institution is appealing the bureau’s decision, and that the loss of the appeal may result in the institution’s closure. (3) If the bureau determines that the continued operation of the institution during the appeal process poses a significant risk of harm to students, the bureau shall make an emergency decision pursuant to its authority provided in Section 94938. (Amended by Stats. 2014, Ch. 840, Sec. 23. (SB 1247) Effective January 1, 2015. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6. Approval to Operate [94885 - 94892] SECTION 94892. Source version: id_525ebe2d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6. If an agency of this state other than the bureau or of the federal government provides an approval to offer an educational program and the institution already has a valid approval to operate issued by the bureau, that agency’s educational program approval may satisfy the requirements of this article without any further review by the bureau. The bureau may incorporate that educational program into the institution’s approval to operate when the bureau receives documentation signifying the conferral of the educational program approval by that agency. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 6.5. Labor Market Outcome Data Reporting [94892.6- 94892.6.] SECTION 94892.6. Source version: id_249f27f5-f6d1-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=6.5. (a) (1) An institution approved to operate by the bureau shall collect and retain all of the following data: (A) For each graduate completing a program on or after January 1, 2020: (i) Individual identifying information for each graduate of the institution sufficient to match to wage data from the Employment Development Department pursuant to Section 1095 of the Unemployment Insurance Code. (ii) The program the graduate was enrolled in. (iii) The graduate’s student loan debt information reported under subdivision (g) of Section 74112 of Title 5 of the California Code of Regulations, if that information applies to the student. (B) Other information determined by the bureau to be warranted for the purpose of inclusion in the Cradle-to-Career Data System established pursuant to Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1. (2) All social security numbers or federal taxpayer identification numbers collected pursuant to subparagraph (A) of paragraph (1) shall be reported by an institution solely for the purposes set forth in this section, and shall not be disclosed by an institution to any third party other than the bureau, the Employment Development Department, and the Cradle-to-Career Data System established pursuant to Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1, unless the disclosure is otherwise required by law. (b) (1) An institution shall report information collected pursuant to subdivision (a) to the bureau annually according to a schedule and in a format determined by the bureau. The bureau shall match the data reported by institutions pursuant to this section with wage data from the Employment Development Department pursuant to Section 1095 of the Unemployment Insurance Code. (2) The bureau shall provide the data reported by institutions pursuant to this section to both of the following: (A) The Employment Development Department for the purpose of fulfilling federal reporting requirements outlined in Section 116(d)(4)(a) of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), to the extent permitted by state and federal laws and regulations. (B) The Cradle-to-Career Data System, as required by Cradle-to-Career Data System data providers pursuant to Section 10871. (3) The bureau shall make available on its internet website the relevant program-level and institution-level statistics, presented in terms of easily understood labor market measures and consistent with all pertinent state and federal privacy laws, regarding the earnings levels of graduates and the student debt information reported under subdivision (g) of Section 74112 of Title 5 of the California Code of Regulations, if that information applies to the student. (4) Labor market outcome data for each program and institution shall, at a minimum, provide data relating to graduates at two years and at five years after their graduation. (5) This subdivision shall not be operative until the Director of Consumer Affairs certifies that the bureau’s information technology system has been updated and is capable of processing data as required by this section. The bureau shall notify institutions when this certification has occurred. An institution shall have 120 days from the date it receives notification from the bureau to comply with this section. (c) When sufficient data is reported and publicly available under this section, it is the intent of the Legislature to review the process by which institutions are required to collect and report employment data and reduce duplicative efforts. (Amended by Stats. 2021, Ch. 144, Sec. 69. (AB 132) Effective July 27, 2021. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 7. Substantive Changes to an Approval to Operate [94893 - 94896] SECTION 94893. Source version: id_525f0c51-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=7. If an institution intends to make a substantive change to its approval to operate, the institution shall receive prior authorization from the bureau. Except as provided in subdivision (a) of Section 94896, if the institution makes the substantive change without prior bureau authorization, the institution’s approval to operate may be suspended or revoked. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 7. Substantive Changes to an Approval to Operate [94893 - 94896] SECTION 94894. Source version: id_e000cb7c-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=7. The following changes to an approval to operate are considered substantive changes and require prior authorization: (a) A change in educational objectives, including an addition of a new diploma or a degree educational program unrelated to the approved educational programs offered by the institution. (b) A change in ownership or person in control. (c) A change in control. (d) A change in business organization form. (e) A change of location. (f) A change of name. (g) A significant change in the method of instructional delivery. (h) An addition of a separate branch more than five miles from the main or branch campus. (i) An increase or decrease of 25 percent or more in the number of clock hours or credit hours required for successful completion of the program. (j) Participation in federal student financial aid programs authorized by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (k) A change in the academic measurement of an educational program from clock hours to credit hours. (l) A change in the distance education learning management system. (Amended by Stats. 2022, Ch. 544, Sec. 7. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 7. Substantive Changes to an Approval to Operate [94893 - 94896] SECTION 94895. Source version: id_525f8185-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=7. The bureau shall, by January 1, 2011, adopt by regulation the process and procedures whereby an institution shall seek authorization for substantive changes to an approval to operate. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 7. Substantive Changes to an Approval to Operate [94893 - 94896] SECTION 94896. Source version: id_525fa897-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=7. (a) An institution that has been granted an approval to operate by means of accreditation shall only make a substantive change in accordance with the institution’s accreditation standards. (b) The institution shall notify the bureau of the substantive change on a form provided by the bureau. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 8. Fair Business Practices [94897 - 94899.5] SECTION 94897. Source version: id_49754d0a-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=8. An institution shall not do any of the following: (a) Use, or allow the use of, any reproduction or facsimile of the Great Seal of the State of California on a diploma. (b) Promise or guarantee employment, or otherwise overstate the availability of jobs upon graduation. (c) Advertise concerning job availability, degree of skill, or length of time required to learn a trade or skill unless the information is accurate and not misleading. (d) Advertise, or indicate in promotional material, without including the fact that the educational programs are delivered by means of distance education if the educational programs are so delivered. (e) Advertise, or indicate in promotional material, that the institution is accredited, unless the institution has been accredited by an accrediting agency. (f) Solicit students for enrollment by causing an advertisement to be published in “help wanted” columns in a magazine, newspaper, or publication, or use “blind” advertising that fails to identify the institution. (g) Offer to compensate a student to act as an agent of the institution with regard to the solicitation, referral, or recruitment of any person for enrollment in the institution, except that an institution may award a token gift to a student for referring an individual, provided that the gift is not in the form of money, no more than one gift is provided annually to a student, and the gift’s cost is not more than one hundred dollars ($100). (h) Pay any consideration to a person to induce that person to sign an enrollment agreement for an educational program. (i) Use a name in any manner improperly implying any of the following: (1) The institution is affiliated with any government agency, public or private corporation, agency, or association if it is not, in fact, thus affiliated. (2) The institution is a public institution. (3) The institution grants degrees, if the institution does not grant degrees. (j) In any manner make an untrue or misleading change in, or untrue or misleading statement related to: a test score, grade or record of grades, attendance record, record indicating student completion, placement, employment, salaries, or financial information; a financial report filed with the bureau; information or records relating to the student’s eligibility for student financial aid at the institution; or any other record or document required by this chapter or by the bureau. (k) Willfully falsify, destroy, or conceal any document of record while that document of record is required to be maintained by this chapter. (l) Use the terms “approval,” “approved,” “approval to operate,” or “approved to operate” without stating clearly and conspicuously that approval to operate means compliance with state standards as set forth in this chapter. An institution may not state or imply either of the following: (1) The institution or its educational programs are endorsed or recommended by the state or by the bureau. (2) The approval to operate indicates that the institution exceeds minimum state standards as set forth in this chapter. (m) Direct any individual to do any of the following: (1) Perform an act that violates this chapter. (2) Refrain from reporting unlawful conduct to the bureau or another government agency. (3) Engage in any unfair act to persuade a student not to complain to the bureau or another government agency. (n) Compensate an employee involved in recruitment, enrollment, admissions, student attendance, or sales of educational materials to students on the basis of a commission, commission draw, bonus, quota, or other similar method related to the recruitment, enrollment, admissions, student attendance, or sales of educational materials to students, except as provided in paragraph (1) or (2): (1) If the educational program is scheduled to be completed in 90 days or less, the institution shall pay compensation related to a particular student only if that student completes the educational program. (2) For institutions participating in the federal student financial aid programs, this subdivision shall not prevent the payment of compensation to those involved in recruitment, admissions, or the award of financial aid if those payments are in conformity with federal regulations governing an institution’s participation in the federal student financial aid programs. (o) Require a prospective student to provide personal contact information in order to obtain, from the institution’s internet website, educational program information that is required to be contained in the school catalog or any information required pursuant to the consumer information requirements of Title IV of the federal Higher Education Act of 1965, and any amendments thereto. (p) Offer an associate, baccalaureate, master’s, or doctoral degree without disclosing to prospective students before enrollment whether the institution or the degree program is unaccredited and any known limitation of the degree, including, but not limited to, all of the following: (1) Whether a graduate of the degree program will be eligible to sit for the applicable licensure exam in California and other states. (2) A statement that reads: “A degree program that is unaccredited or a degree from an unaccredited institution is not recognized for some employment positions, including, but not limited to, positions with the State of California.” (3) That a student enrolled in an unaccredited institution is not eligible for federal financial aid programs. (q) In any manner commit fraud against, or make a material untrue or misleading statement to, a student or prospective student under the institution’s authority or the pretense or appearance of the institution’s authority. (r) Charge or collect any payment for institutional charges that are not authorized by an executed enrollment agreement. (s) Violate Section 1788.93 of the Civil Code. (t) Require a prospective, current, or former student or employee to sign a nondisclosure agreement pertaining to their relationship to, or experience with, the institution, except that an institution may use a nondisclosure agreement to protect the institution’s intellectual property and trade secrets. Any nondisclosure agreement in violation of this section is void and not enforceable at law or in equity. (u) Fail to maintain policies related to compliance with this chapter or adhere to the institution’s stated policies. (Amended by Stats. 2025, Ch. 592, Sec. 40. (SB 861) Effective January 1, 2026. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 8. Fair Business Practices [94897 - 94899.5] SECTION 94898. Source version: id_5260ba0d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=8. (a) An institution shall not merge classes unless all of the students have received the same amount of instruction. This subdivision does not prevent the placement of students, who are enrolled in different educational programs, in the same class if that class is part of each of the educational programs and the placement in a merged class will not impair the students’ learning of the subject matter of the class. (b) After a student has enrolled in an educational program, the institution shall not do either of the following: (1) Make any unscheduled suspension of any class unless caused by circumstances beyond the institution’s control. (2) Change the day or time during the period of attendance in which any class is offered to a day when the student is not scheduled to attend the institution or to a time that is outside of the range of time that the student is scheduled to attend the institution on the day for which the change is proposed unless at least 90 percent of the students who are enrolled consent to the change and the institution offers full refunds to the students who do not consent to the change. For the purpose of this paragraph, “range of time” means the period beginning with the time at which the student’s first scheduled class session for the day is set to start and ending with the time the student’s last scheduled class session for that day is set to finish. (c) If an institution enrolls a student in an educational program that is conducted at a specific site at the time of enrollment, the institution shall not convert the educational program to another method of delivery, such as by means of distance education. This subdivision does not apply to an educational program that also includes a distance education component, if the student is notified during the enrollment process, in writing, that the program contains a distance education component. (d) An institution shall not move the location of class instruction more than 25 miles from the location of instruction at the time of enrollment unless any of the following occur: (1) The institution discloses in writing to each student before enrollment in the educational program that the location of instruction will change after the educational program begins and the address of the new location. (2) The institution applies for, and the bureau grants, approval to change the location. The bureau shall grant the application within 60 days if the bureau, after notice to affected students and an opportunity for them to be heard as prescribed by the bureau, concludes that the change in location would not be unfair or unduly burdensome to students. The bureau may grant approval to change the location subject to reasonable conditions, such as requiring the institution to provide transportation, transportation costs, or refunds to adversely affected students. (3) The institution offers a full refund to students enrolled in the educational program who do not voluntarily consent to the change. (4) An unforeseeable and unavoidable circumstance outside of the control of the institution requires the change in the location of instruction. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 8. Fair Business Practices [94897 - 94899.5] SECTION 94899. Source version: id_e64a71d0-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=8. (a) If an institution offers an educational program in a profession, occupation, trade, or career field that requires licensure in this state, the institution shall have an educational program approval from the appropriate state licensing agency to conduct that educational program in order that a student who completes the educational program, except as provided in Section 94905, is eligible to sit for any required licensure examination. (b) An institution offering an educational program requiring approval from another licensing agency in this state that subsequently loses that approval shall have their approval to operate the program automatically suspended by the bureau by operation of law. The institution shall notify the bureau within 10 days of its loss of approval to offer the educational program, and shall cease offering the program within 30 days of the loss of the approval to offer the educational program, or by an earlier date as required by the other state licensing agency. Reinstatement of the approval to operate may be made at any time following the suspension by providing proof satisfactory to the bureau that the license is properly approved and in compliance with all bureau requirements. (Amended by Stats. 2022, Ch. 544, Sec. 9. (SB 1433) Effective January 1, 2023. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 8. Fair Business Practices [94897 - 94899.5] SECTION 94899.5. Source version: id_94ba1912-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=8. (a) Institutions that offer short-term programs designed to be completed in one term or four months, whichever is less, may require payment of all tuition and fees on the first day of instruction. (b) For those programs designed to be greater than four months, an institution shall not require more than one term or four months of advance payment of tuition at a time. When 50 percent of the program has been offered, the institution may require full payment. (c) The limitations in this section shall not apply to any funds received by an institution through federal and state student financial aid grant and loan programs, or through any other federal or state programs. (d) An institution that provides private institutional loan funding to a student shall ensure that the student is not obligated for indebtedness that exceeds the total charges for the current period of attendance. (e) At the student’s option, an institution may accept payment in full for tuition and fees, including any funds received through institutional loans, after the student has been accepted and enrolled and the date of the first class session is disclosed on the enrollment agreement. (Amended by Stats. 2024, Ch. 497, Sec. 84. (SB 1526) Effective January 1, 2025. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 9. Recordkeeping [94900 - 94900.7] SECTION 94900. Source version: id_4cd3e160-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=9. (a) An institution shall maintain records of the name, address, e-mail address, and telephone number of each student who is enrolled in an educational program in that institution. (b) An institution shall maintain, for each student granted a degree or certificate by that institution, complete and accurate permanent records of all of the following: (1) The degree or certificate granted and the date on which that degree or certificate was granted. (2) The courses and units on which the certificate or degree was based. (3) The grades earned by the student in each of those courses. (Amended by Stats. 2025, Ch. 592, Sec. 41. (SB 861) Effective January 1, 2026. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 9. Recordkeeping [94900 - 94900.7] SECTION 94900.5. Source version: id_5261cb87-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=9. An institution shall maintain, for a period of not less than five years, at its principal place of business in this state, complete and accurate records of all of the following information: (a) The educational programs offered by the institution and the curriculum for each. (b) The names and addresses of the members of the institution’s faculty and records of the educational qualifications of each member of the faculty. (c) Any other records required to be maintained by this chapter, including, but not limited to, records maintained pursuant to Article 16 (commencing with Section 94928). (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8. Private Postsecondary Institutions [94800 - 94950] ARTICLE 9. Recordkeeping [94900 - 94900.7] SECTION 94900.7. Source version: id_526219a9-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.&article=9. The recordkeeping requirements of this article shall not apply to an institution that is accredited, if the recordkeeping requirements of the accrediting organization are substantially similar to the recordkeeping requirements of this article, as determined by the bureau. (Added by Stats. 2009, Ch. 310, Sec. 6. (AB 48) Effective January 1, 2010. Repealed as of January 1, 2027, pursuant to Section 94950.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8.5. Continuation of the Student Tuition Recovery Fund [95000 - 95010] ARTICLE 1. General Provisions [95000- 95000.] SECTION 95000. Source version: id_5b4b97b9-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.5.&article=1. (a) Notwithstanding any other law, upon the repeal of Chapter 8 (commencing with Section 94800), the Student Tuition Recovery Fund shall be continued in existence under the administration of the Department of Consumer Affairs, and the moneys remaining in the fund shall be continuously appropriated to the Department of Consumer Affairs for the purpose of paying claims filed under Chapter 8 (commencing with Section 94800). (b) Notwithstanding any other law, upon the repeal of Chapter 8 (commencing with Section 94800), the Department of Consumer Affairs shall continue to process and pay claims against the Student Tuition Recovery Fund until all claims pending as of the repeal of Chapter 8 (commencing with Section 94800) are processed, or until the moneys remaining in the fund are exhausted, whichever occurs first. (Added by Stats. 2009, Ch. 310, Sec. 7. (AB 48) Effective January 1, 2010. Operative January 1, 2016, pursuant to Section 95010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 10. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] PART 59. PRIVATE POSTSECONDARY AND HIGHER EDUCATION INSTITUTIONS [94000 - 95010] CHAPTER 8.5. Continuation of the Student Tuition Recovery Fund [95000 - 95010] ARTICLE 2. Operative Date [95010- 95010.] SECTION 95010. Source version: id_5b4be5dd-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=10.&part=59.&chapter=8.5.&article=2. This chapter shall become operative upon the repeal of Chapter 8 (commencing with Section 94800), as added by Assembly Bill 48 of the 2009–10 Regular Session. (Added by Stats. 2009, Ch. 310, Sec. 7. (AB 48) Effective January 1, 2010. Note: This section provides for delayed operation of Chapter 8.5, commencing with Section 95000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1. Western Regional Education Compact [99000 - 99005] ARTICLE 1. The Compact [99000 - 99005] SECTION 99000. Source version: id_013c8add-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.&article=1. The Governor is hereby authorized and directed to execute a compact on behalf of this state with each or all of the 11 western states and the States of Alaska and Hawaii for the purpose of cooperating with such states in the formation of a Western Interstate Commission for Higher Education. Notice of intention to withdraw from such compact shall be executed and transmitted by the Governor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1. Western Regional Education Compact [99000 - 99005] ARTICLE 1. The Compact [99000 - 99005] SECTION 99001. Source version: id_013c8adf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.&article=1. The form and contents of such compact shall be substantially as provided in this section and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this chapter. Western Regional Higher Education Compact The contracting states do hereby agree as follows: Article 1 Whereas, The future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and Whereas, Many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all of the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and Whereas, It is believed that the Western States, or groups of such states within the region, co-operatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof; now, therefore, The States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territories of Alaska and Hawaii, do hereby covenant and agree as follows: Article 2 Each of the compacting states and territories pledges to each of the other compacting states and territories faithful co-operation in carrying out all the purposes of this compact. Article 3 The compacting states and territories hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and territory and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories. Article 4 The commission shall consist of three resident members from each compacting state or territory. At all times one commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed. The commissioners from each state and territory shall be appointed by the governor thereof as provided by law in such state or territory. Any commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed. The terms of each commissioner shall be four years; provided, however, that the first three commissioners shall be appointed as follows; one for two years, one for three years, and one for four years. Each commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term. Article 5 Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states and territories. One or more commissioners from a majority of the compacting states and territories shall constitute a quorum for the transacting of business. Each compacting state and territory represented at any meeting of the commission is entitled to one vote. Article 6 The commission shall elect from its number a chairman and a vice chairman, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved. The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission. Article 7 The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control. The commission may elect such committees as it deems necessary for the carrying out of its functions. The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chairman may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states or territories shall call additional meetings. The commission shall submit a budget to the governor of each compacting state and territory at such time and for such period as may be required. The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region. On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states and territories a report of its activities for the preceding calendar year. The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or territory or his designated representative. The commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The commission shall provide for an independent annual audit. Article 8 It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields. For this purpose the commission may enter into contractual agreements— (a) With the governing authority of any educational institution in the region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and (b) With the governing authority of any educational institution in the region or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe. It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time prepare comprehensive reports on such research for presentation to the Western Governors’ Conference and to the legislatures of the compacting states and territories. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states and territories, uniform legislation dealing with problems of higher education in the region. For the purposes of this compact the word “region” shall be construed to mean the geographical limits of the several compacting states and territories. Article 9 The operating costs of the commission shall be apportioned equally among the compacting states and territories. Article 10 This compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the States or Territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption. Article 11 This compact may be terminated at any time by consent of a majority of the compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state or territory may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state or territory accompanied by a certified copy of the requisite legislative action is received by the commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the commission. Article 12 If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission. Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories. Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1. Western Regional Education Compact [99000 - 99005] ARTICLE 1. The Compact [99000 - 99005] SECTION 99002. Source version: id_013e1181-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.&article=1. In furtherance of the provisions contained in the compact, there shall be three commissioners from the State of California, appointed by the Governor by and with the advice and consent of the Senate. The qualifications and terms of the commissioners shall be in accordance with Article 4 of the compact. A commissioner shall hold office until his successor is appointed and qualified but such successor’s term shall expire four years from the legal date of expiration of the term of his predecessor. Any commissioner may be removed from office by the Governor upon charges and after a hearing. The term of any commissioner who ceases to hold the required qualifications shall terminate when a successor may be duly appointed. Vacancies occurring in the office of a commissioner from any reason or cause shall be filled for the unexpired term in the same manner as for a full term appointment. Each commissioner shall receive his necessary travel expenses incurred in the performance of his official duties in behalf of the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1. Western Regional Education Compact [99000 - 99005] ARTICLE 1. The Compact [99000 - 99005] SECTION 99003. Source version: id_013e1183-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.&article=1. All officers of the state are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular; it being hereby declared to be the policy of this state to perform and carry out the compact and to accomplish the purposes thereof. All officers, bureaus, departments and persons of and in the state government or administration of the state are hereby authorized and directed at convenient times and upon request of the commission to furnish the commission with information and data possessed by them and to aid such commission by any means lying within their legal rights. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1. Western Regional Education Compact [99000 - 99005] ARTICLE 1. The Compact [99000 - 99005] SECTION 99004. Source version: id_013e1185-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.&article=1. The commission shall keep accurate accounts of its activities and shall report to the Governor and the Legislature on or before the 31st day of December in each year, setting forth in detail the transactions conducted by it during that calendar year and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes which may be necessary to carry out the intent and purposes of the compact between the signatory states. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1. Western Regional Education Compact [99000 - 99005] ARTICLE 1. The Compact [99000 - 99005] SECTION 99005. Source version: id_013e1187-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.&article=1. When the Governor on behalf of the state executes the compact, he shall attach his signature thereto under a recital that such compact is executed pursuant to the provisions of this chapter, subject to the limitations and qualifications contained in this chapter in aid and furtherance thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1.3. The Student Financial Responsibility Act [99030- 99030.] SECTION 99030. Source version: id_013f982b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.3.&article= The Regents of the University of California and the governing body of each accredited private or independent college or university in the state are requested to, and the Trustees of the California State University and the Board of Governors of the California Community Colleges shall, adopt policies to regulate the marketing practices used on campuses by credit card companies. In adopting the policies, it is the intent of the Legislature that those entities consider including all of the following requirements: (a) That sites at which student credit cards are marketed be registered with the campus administration and that consideration be given to limiting the number of sites allowed on a campus. (b) That marketers of student credit cards be prohibited from offering gifts to students for filling out credit card applications. (c) That credit card and debt education and counseling sessions become a regular part of campus orientation of new students. For purposes of this section, colleges and universities shall utilize existing debt education materials prepared by nonprofit entities and thus not incur the expense of preparing new materials. (d) For the purposes of this chapter, “student credit card” has the meaning set forth in subdivision (m) of Section 1747.02 of the Civil Code. (Added by Stats. 2001, Ch. 294, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1.4. The College Student Credit Protection Act [99040- 99040.] SECTION 99040. Source version: id_8b02fe80-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.4.&article= (a) The Regents of the University of California are urged to, and the Trustees of the California State University and the Board of Governors of the California Community Colleges shall, perform the following functions: (1) Annually direct each campus to disclose all exclusive arrangements, excluding proprietary information, with banks or other commercial entities to engage in on-campus marketing of credit cards to students through solicitation activities in public campus areas, hereafter referred to as “tabling” activities. (2) Prohibit banks and other commercial entities, including their third-party representatives, during on-campus tabling activities from offering gifts to students for filling out student credit card applications. Banks and other commercial entities, including their third-party representatives, may rely on the self-identification of students for purposes of complying with this paragraph. (b) The Regents of the University of California are urged to revise the University of California Policy on the On-Campus Marketing of Credit Cards to Students (July 28, 2004) by removing the exemptions in Section VIII of the policy as it relates to all future contractual agreements with any bank or other commercial entity that provides banking and other financial services to the campus community. (Added by Stats. 2007, Ch. 679, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 1.7. Higher Education Regional Workforce Coordination [99070- 99070.] SECTION 99070. Source version: id_b28e3a90-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=1.7.&article= The California State University shall, and the University of California is requested to, participate in regional conversations pursuant to the federal Workforce Innovation and Opportunity Act. The California State University shall, and the University of California is requested to, submit a summary of those first-year activities to the Legislature on or before May 1, 2019, on both of the following: (a) Recommendations made, partnerships developed, activities undertaken by individual campuses, programs, or the university system that have substantively included local and regional workforce partners and that were designed to increase the number of degrees or other forms of workforce preparation in high-demand occupations and industry sectors within one or more regions in the state. (b) Barriers to addressing regional workforce demands and recommendations to overcome these barriers. (Added by Stats. 2017, Ch. 661, Sec. 2. (AB 957) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2. Human Corps [99100 - 99106] SECTION 99100. Source version: id_013f982f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.&article= (a) The Legislature finds and declares all of the following: (1) California students have a long and rich tradition of participation in community service which should be recognized, commended, and expanded. (2) There is a growing national consensus that student participation in community services enhances the undergraduate experience. (3) Student community service is an activity of extreme importance to the mission of the university and deserves to be conducted both for academic credit and otherwise. (4) The state’s postsecondary educational institutions are charged to maintain a tradition of public service as well as teaching and research. (5) Access to the privilege of attending the university is made possible for many by our state’s tradition of keeping fees and tuition low. (6) Practical learning experiences in the real world are valuable for the development of a student’s sense of self, skills, and education. (7) Our state faces enormous unmet human needs and social challenges including undereducated children, increasing illiteracy and teenage parenting, environmental contamination, homelessness, school dropouts, and growing needs for elder care. (8) The state’s ability to face these challenges requires policymakers to find creative and cost-effective solutions including increased efforts for community and student public service. (9) The Legislature and the State of California provide substantial incentives and subsidies for its citizens to attend the state’s postsecondary education institutions, public and private, which are among the finest in the world. (10) Current volunteer efforts conducted by community organizations reach only a fraction of the need. The need for public service is great because private, state, and federal funding are insufficient to pay for all the social services needed. (11) Existing community service efforts have successfully demonstrated that participation in public service is of mutual benefit to participating students and the recipients of their services. (b) It is the intent of the Legislature in enacting this article to do all of the following: (1) Complete the college experience by providing students an opportunity to develop themselves and their skills in real-world learning experiences. (2) To help nurture a sense of human community and social responsibility in our college students. (3) Invite the fullest possible cooperation between postsecondary education institutions, schools, public, private, and nonprofit agencies, and philanthropies to plan, fund, and implement expanded opportunities for student participation in community life through public service in organized programs. (4) To substantially increase college student participation in community services, with the ultimate goal of 100 percent participation. (Amended by Stats. 1995, Ch. 758, Sec. 285. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2. Human Corps [99100 - 99106] SECTION 99101. Source version: id_01411ed1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.&article= There is hereby created a program known as The Human Corps within the University of California and the California State University. The California Community Colleges, proprietary schools, and member institutions of the Association of Independent California Colleges and Universities are strongly encouraged to implement Human Corps programs. The purpose of the corps is to provide every student an ongoing opportunity throughout his or her college career to participate in a community service activity. Toward this goal, beginning in the fall term in 1988, full-time students, including both undergraduate and graduate students, entering the University of California, the California State University, or an institution that is a member of the Association of Independent California Colleges and Universities to pursue a degree shall be strongly encouraged and expected, although not required, to participate in the Human Corps by providing an average of 30 hours of community service in each academic year. The segments shall determine how to encourage and monitor student participation. The segments are strongly encouraged to develop flexible programs that permit the widest possible student involvement, including participation by part-time students and others for whom participation may be difficult due to financial, academic, personal, or other considerations. (Added by Stats. 1987, Ch. 1245, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2. Human Corps [99100 - 99106] SECTION 99102. Source version: id_01411ed3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.&article= For the purposes of this article, community service shall be defined as work or service performed by students either voluntarily or for some form of compensation or academic credit through nonprofit, governmental, and community-based organizations, schools, or college campuses. In general, the work or service should be designed to provide direct experience with people or project planning, and should have the goal of improving the quality of life for the community. Eligible activities may include, but are not limited to, tutoring, literacy training, neighborhood improvement, increasing environmental safety, assisting the elderly or disabled, and providing mental health care, particularly for disadvantaged or low-income residents. In developing community service programs, campuses shall emphasize efforts which can most effectively use the skills of students such as tutoring programs or literacy programs. (Added by Stats. 1987, Ch. 1245, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2. Human Corps [99100 - 99106] SECTION 99103. Source version: id_01411ed5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.&article= There are hereby created Human Corps task forces in each segment, which shall be established on each campus by March 1, 1988. Community colleges and member institutions of the Association of Independent California Colleges and Universities are strongly encouraged to establish task forces for the purposes set forth in this section. Each task force shall be composed of students, faculty, and campus administration. Each task force also shall include community representatives from groups such as schools, local businesses and government, nonprofit associations, social service agencies, and philanthropies. Each task force shall reflect the ethnic and racial diversity of the institution and the surrounding community. The purpose of the task forces is to strengthen and coordinate existing oncampus and external community service opportunities, expand and make new service opportunities available, promote the Human Corps to make students, community groups, faculty, employment recruiters, and administrators aware of the service expectation, and develop rules and guidelines for the program. (Amended by Stats. 1995, Ch. 758, Sec. 286. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2. Human Corps [99100 - 99106] SECTION 99104. Source version: id_01411ed7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.&article= It is the intent of the Legislature that segments maximize the use of existing resources to implement the Human Corps. This responsibility includes seeking the resources of the private and independent sectors, philanthropies, and the federal government to supplement state support for Human Corps programs. The Legislature intends that the funds appropriated for purposes of this chapter to the Regents of the University of California and the Trustees of the California State University be used to offset some of the costs of developing the Human Corps. The segmental and campus Human Corps Task Forces shall jointly determine how those funds are used. It is the further intent of the Legislature that funds be allocated competitively for programs and not on a pro rata basis for each campus. Preference in funding should be given to strengthen and expand exemplary efforts to implement the Human Corps and to stimulate new efforts on campuses where the establishment of student community service programs has been limited. Campuses may develop numerous approaches to implement the Human Corps on each campus. Activities eligible for funding may include a wide variety of incentives for student participation such as: (a) Recognition programs. (b) Fellowships. (c) Awareness programs. (d) Periodic conferences for students and community organizations. (e) Transportation costs. (f) Matching grants. (g) Intersegmental programs. (Added by Stats. 1987, Ch. 1245, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2. Human Corps [99100 - 99106] SECTION 99106. Source version: id_0142a579-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.&article= Funding for purposes of this chapter is contingent upon Budget Act appropriations. No provision of this chapter shall apply to the University of California unless the Regents of the University of California, by resolution, make that provision applicable. (Amended by Stats. 1995, Ch. 758, Sec. 288. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2.5. Social Media Privacy [99120 - 99122] SECTION 99120. Source version: id_ac9576ba-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.5.&article= As used in this chapter, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. (Added by Stats. 2012, Ch. 619, Sec. 2. (SB 1349) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2.5. Social Media Privacy [99120 - 99122] SECTION 99121. Source version: id_ac9576bc-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.5.&article= (a) Public and private postsecondary educational institutions, and their employees and representatives, shall not require or request a student, prospective student, or student group to do any of the following: (1) Disclose a user name or password for accessing personal social media. (2) Access personal social media in the presence of the institution’s employee or representative. (3) Divulge any personal social media information. (b) A public or private postsecondary educational institution shall not suspend, expel, discipline, threaten to take any of those actions, or otherwise penalize a student, prospective student, or student group in any way for refusing to comply with a request or demand that violates this section. (c) This section shall not do either of the following: (1) Affect a public or private postsecondary educational institution’s existing rights and obligations to protect against and investigate alleged student misconduct or violations of applicable laws and regulations. (2) Prohibit a public or private postsecondary educational institution from taking any adverse action against a student, prospective student, or student group for any lawful reason. (Added by Stats. 2012, Ch. 619, Sec. 2. (SB 1349) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2.5. Social Media Privacy [99120 - 99122] SECTION 99122. Source version: id_ac959dce-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.5.&article= A private nonprofit or for-profit postsecondary educational institution shall post its social media privacy policy on the institution’s Internet Web site. (Added by Stats. 2012, Ch. 619, Sec. 2. (SB 1349) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 2.7. Students Called to Active Military Duty [99130- 99130.] SECTION 99130. Source version: id_2f496fa1-fcb2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=2.7.&article= (a) Subject to applicable federal, state, and institutional refund and withdrawal policies, when a student is called to active military duty during an academic term, the student may choose one of the following options: (1) The student may withdraw from the institution, retroactively to the beginning of the academic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code. (2) If at least 75 percent of the academic term has been completed, the student may request that the faculty member assign a grade for the course based on the work the student has completed. The faculty member shall make the final decision as to whether to grant the student’s request. (3) If the faculty member assigns a grade of Incomplete for the student’s coursework, the student shall have a minimum of four weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the Military and Veterans Code. An institution shall also comply with the requirements of Section 668.18 of Title 34 of the Code of Federal Regulations, or a successor provision, regarding the procedures and timelines for the readmission of a military student. (b) For purposes of this chapter: (1) “Institution” means a campus of any of the segments of postsecondary education, as that term is defined in Section 66010.95. (2) “Student” means a person enrolled, or previously enrolled, at an institution. (Added by Stats. 2018, Ch. 346, Sec. 1. (AB 2894) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99150. Source version: id_0142a57d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) The Legislature finds and declares that: (1) Education is fundamental to the development of all residents and to the progress of the state as a whole. (2) Standardized tests are a major factor in the admission and placement of students in postsecondary education. (3) There is increasing concern among residents, educators, and public officials regarding the proper uses of standardized tests in the admissions and placement decisions of postsecondary education institutions. (4) The rights of test subjects should be assured without infringing upon the proprietary rights of the test agencies. (b) It is the intent and purpose of the Legislature in enacting this chapter to do all of the following: (1) Ensure that test subjects and persons who use test results are fully aware of the characteristics, uses, and limitations of standardized tests used in postsecondary education admissions and placement. (2) Ensure due process protection of test subjects whose scores are being questioned for suspected inauthenticity or irregularity in test administration. (3) Provide test subjects with the opportunity to review the basis on which the test subject has been scored. (4) Make available to the public appropriate information regarding the procedure, development, and administration of standardized tests. (5) Promote more knowledge about the proper use of standardized test results and promote greater accuracy, validity, and reliability in the development, administration, and interpretation of standardized tests. (Repealed and added by Stats. 1984, Ch. 1505, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99151. Source version: id_a6560289-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) “Admissions data assembly service” means any summary or report of grades, grade point averages, standardized test scores, or any combination of grades and test scores, of a test subject used by any test score recipient. (b) “Standardized test” or “test” means any test administered in California at the expense of the test subject which is used for the purposes of admission to, or class placement in, postsecondary educational institutions or their programs, or any test used for preliminary preparation for those tests. “Standardized test” or “test” includes, but is not limited to, the Preliminary Scholastic Aptitude Test, the Scholastic Aptitude Test, the College Board Achievement Tests and Advanced Placement Tests, the ACT Assessment, the Graduate Record Examination, the Medical College Admission Test, the Law School Admission Test, the Dental Admission Testing Program, the Graduate Management Admission Test, and the Miller Analogies Test. The standardized test does not include a test, or part of a test, which has been in use for less than five years, or which is administered to a selected group of individuals principally for research, pretest, equating, guidance, counseling, or for the purposes of meeting graduation requirements of secondary schools and postsecondary educational institutions. Tests which are administered as supplements or auxiliaries to another test, or which form a specialized component of a test, may be combined for the purposes of this chapter. (c) “Secure test” means any test which contains items not available to the public and which, to allow the further use of test items and to protect the validity and reliability of the test, is subject to special security procedures in its publication, distribution, and administration. (d) “Test subject” or “subject” means an individual who takes a standardized test. (e) “Test sponsor” or “test agency” means an individual, partnership, corporation, association, company, firm, institution, society, trust, or joint stock company which develops, sponsors, or administers standardized tests. (f) “Testing year” means the 12 calendar months which the test agency considers either its operational cycle or its fiscal year. (g) “Test score” or “score” means the value given to the test subject’s performance on a standardized test, administered by the test agency, whether reported in numerical, percentile, or any other form. (h) “Test score recipient” means any person, organization, association, corporation, postsecondary education institution, or governmental agency or subdivision to which the test subject requests or designates that a test agency report a test score. (i) “Score reporting service” means the reporting of a test subject’s standardized score to a test score recipient by a test agency. (j) “Test preparation course” means any curriculum, course of study, plan of instruction, or method of preparation given for a fee which is specifically designed or constructed to prepare or improve a test subject’s score on a standardized test. (k) “Test program” means all of the administrations of a test of the same name during a testing year. (Amended by Stats. 2019, Ch. 497, Sec. 101. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99152. Source version: id_e80eebf4-8187-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= Each test sponsor shall report the closing date of its testing year to the appropriate state agency or make the closing date publicly available on the test sponsor’s Internet Web site by February 1, 1985, or within 90 days after it first becomes a test sponsor, whichever is later. Each test sponsor shall report any change in the closing date of its testing year within 90 days after the change. (Amended by Stats. 2018, Ch. 33, Sec. 54. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99153. Source version: id_f6701aca-8187-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= On or before November 15 of each year, the test sponsor shall submit to the appropriate state agency or make publicly available on the test sponsor’s Internet Web site all of the following data and information: (a) Three copies of each version of the test which was disclosed in the prior testing year, along with the corresponding acceptable answers, and the methods used to convert raw scores into the test scores reported to test subjects and test score recipients, together with an explanation of that method. (b) The dates of major or national administration of each test administered by the test agency during the testing year. (c) The total number of test subjects who have taken the test once, who have taken it twice, and who have taken it more than twice during the testing year. (d) The total number of test subjects who registered for, but did not take, the test. (e) The total amount of fees received from test subjects by the test agency for the test for that testing year. (f) The expenses to the test sponsor of the test, as follows: (1) Those expenses which are directly attributable to the test. (2) Those expenses which are indirectly attributable to the test. However, if the test sponsor also sponsors another test or related activities, it shall be sufficient for compliance with this section for the test sponsor to list indirectly attributable expenses, to the extent that they are identifiable, as they are proportionately related to the test. The test sponsor shall also list expenses indirectly attributable to all activities of the test’s sponsor, including expenses not identifiable as attributable to a test. The financial disclosure required by this section shall be submitted within 135 days after the close of the testing year and in sufficient detail to indicate the major categories of revenues and expenses associated with the test. Except as provided in this section, the information for different tests administered by the same test sponsor shall be reported separately and by individual test. (g) A copy of all documents, pamphlets, and literature provided to the test subject and the test score recipient. (h) Where applicable, the national average test scores, state average test scores, the standard error of measurement, and any other existing information relevant to a comparison of the test scores of the state’s test subjects with test scores of previous test subjects of the past five years. (i) For those tests used to predict academic performance, the most recent national or regional aggregation of data concerning the predictive validity of all of the following: (1) Academic record or grades alone. (2) Standardized test score alone. (3) Academic record and test score combined. (4) Standardized test scores over and above the predictive validity of academic record alone. (j) Using available data, the racial, ethnic, and sex breakdown of all test subjects taking each test during the testing year. (k) If a separate fee is charged test subjects for admissions data assembly service, the test sponsor shall report information concerning the data assembly service in substantially the same form as would be required for a test under this section. (l) The test sponsor shall also supply to the appropriate state agency any other information mutually identified by the appropriate state agency and the test sponsor that will be reasonably available and helpful in either (1) assessing the state’s progress in increasing the number of Hispanic, Black, or American Indian students who graduate from high school eligible to enroll in either the University of California or the California State University or (2) developing strategies to involve the testing companies in cooperative actions with schools, colleges, and universities to expand access to college for Hispanic, Black, and American Indian students. (m) This section shall not be construed to require any test agency to submit to the appropriate state agency or make publicly available on the test sponsor’s Internet Web site any reports or documents containing information relating to any individual test subject. Any information relating to any individual test subject shall be deleted or obliterated from any reports or documents filed with the appropriate state agency or made publicly available on the test sponsor’s Internet Web site pursuant to this section. (n) This section shall not apply to any standardized test which is administered to fewer than 3,000 test subjects in California during a testing year. (Amended by Stats. 2018, Ch. 33, Sec. 55. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99154. Source version: id_04f2180e-8188-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) Within 90 days of the close of each testing year, the test sponsor shall file with the appropriate state agency or make publicly available on the test sponsor’s Internet Web site standard technical data sufficient to describe the psychometric quality of the test. For purposes of compliance with this section, it is sufficient to deposit with the appropriate state agency information conforming to the guidelines specified in the Standards for Educational and Psychological Tests of the American Psychological Association, which were in effect 180 days prior to the testing year, and which are appropriate to the particular test and its uses. (b) Data, reports, or other documents submitted to the appropriate state agency or made available on the test sponsor’s Internet Web site pursuant to this section shall be accompanied by a description of the test, including, but not limited to, the title, purpose or purposes of the test, and when and where the test was administered in the state. (c) Data, reports, or other documents submitted to the appropriate state agency or made available on the test sponsor’s Internet Web site pursuant to this chapter shall not contain information in a form identifiable with individuals or particular postsecondary educational institutions. (Amended by Stats. 2018, Ch. 33, Sec. 56. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99155. Source version: id_53ca18b3-317a-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) A test sponsor shall provide alternative methods to verify the identity of those test subjects who are unable to provide the required identification for purposes of admitting a test subject to take a standardized test administered by the sponsor. (b) A test sponsor shall clearly post on the test sponsor’s Internet Web site contact information for test subjects who are unable to provide the required identification and who need further assistance. (c) Test sponsors may require test subjects to obtain approval from the test sponsor in advance of the test registration deadline in order to be admitted to the test with an alternative form of identification. (Added by Stats. 2011, Ch. 58, Sec. 1. (AB 176) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99156. Source version: id_a352a9ee-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= A test agency shall prepare a clear, easily understandable written description of each standardized test it administers. A copy of the appropriate description shall be provided to the test subject or the test score recipient prior to the administration of the test or coinciding with the initial reporting of a test score. The description shall include all of the following information: (a) The purposes for which the test is constructed and intended to be used. (b) For those tests used to predict performance, the subject matter included on these tests and the knowledge and skills that the test purports to measure. (c) Statements designed to provide information for interpreting the test scores, including the explanations of the test, the standard error of measurement, and for those tests used to predict performance, the correlation between test score and performance. (d) Statements concerning the effects and uses of test scores, including both of the following: (1) If the test score is used by itself or with other information to predict future grade point average, a summary of existing data on the extent to which the use of this test score will improve the accuracy of predicting future grade point average, over and above all other information used. (2) A summary of existing data on the extent to which the improvement in test scores results from test preparation courses. (e) A description of the form in which test scores will be reported, and whether the raw test scores will be altered in any way before being reported to the test subject. (f) A complete description of any promises or covenants that the test agency makes to the test subject with regard to any of the following matters: (1) The accuracy of scoring. (2) The time period within which the test subject’s score will be reported to the test subject and to the test score recipients. (3) The privacy of information relating to the test subject, including his or her test scores. (g) The property interest in the test score held by the test subject, if any. (h) The period of time the test agency will retain the test score, and the test agency’s policies regarding the storage, disposal, and future use of test scores. (i) A description of all special services that will be provided at the location of the test administration to accommodate handicapped or disabled test subjects. (j) The policies and procedures of the test agency when there is a delay in reporting the test scores pursuant to Section 99158. (k) A representative set of sample test items. (l) The fees to be charged by the test sponsor for various services made available to the test subject. (m) Each test agency shall comply with the requirements of this section beginning with the start of its testing year that begins after January 1, 1985. (Amended by Stats. 2006, Ch. 538, Sec. 147. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99157. Source version: id_ad50a95b-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) Except for test administrations described in subdivision (d), the test sponsor shall provide to test subjects the test materials specified in subdivisions (b) and (c) for 50 percent of regular test administrations, as determined by the test sponsor, unless the application of 50 percent results in a number that includes a fraction, in which case the number shall be rounded down to the nearest whole number. (b) Within 90 days of the release to the test subject of the results of a standardized test as specified in subdivision (a), and upon the request of the test subject, the test sponsor shall provide to the test subject an opportunity to examine operational test questions and answers under closely monitored conditions. The examination shall occur at a location to be mutually agreed upon by the test sponsor and test subject. Unless authorized by the test sponsor, questions, answers, or copies of questions or answers shall not be removed from the facility, except by a representative of the test sponsor. During the examination of test materials, the test subject may file with a representative of the test sponsor, and with an educational institution or institutions seeking results of the test examined, a written protest to any question or answer. (c) As an alternative to the procedure described in subdivision (b), and within 90 days of the release of the results of any standardized test score to the test subject, and upon request of the test subject, the test sponsor shall make available to the test subject the test materials, including operational test questions, a copy of the test subject’s response to each question, the test subject’s raw scores, a copy of scoring and scaling instructions, a copy of the correct responses, and a copy of the conversion factor or table, or both. Each test sponsor shall, before the administration of a test, give written notification to the test subject of the test subject’s right to request and receive test disclosure as provided in this section. (d) In order to accommodate test subjects who, because of religion, are unable to participate in regular test administrations, the test sponsor shall provide test materials specified in subdivisions (b) and (c) to test subjects of not fewer than one non-Saturday test administration during every 12-month period following December 1, 1984. (e) Each test sponsor shall, before the administration of a test, give written notification to the test subjects of their right to request and receive test materials as provided in subdivisions (a), (b), and (c), provided that the request has been made within 90 days of the release of the test score to the test subject. (f) The test sponsors may charge a nominal fee, not to exceed the direct costs thereof, for test materials provided pursuant to this section. (g) For the purposes of this section only, a “standardized test” or “test” means any test administered in California to at least 3,000 individuals during a testing year and which is designed for, and formally required by, institutions of postsecondary education in California for the purposes of admission to those institutions for undergraduate studies. This section does not apply to tests that have been administered for less than five years, the College Board Achievement tests, the Advanced Placement tests, the Medical College Admissions tests, or the test of English as a foreign language. (Amended by Stats. 2019, Ch. 288, Sec. 1. (AB 1234) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99158. Source version: id_0147396d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= If the test agency will be delayed in reporting a test subject’s score for a time period amounting to 10 calendar days beyond the period specified in paragraph (2) of subdivision (f) of Section 99156, the test agency shall notify the test subject immediately. The notice shall indicate the reasons for delay, including, but not limited to, incorrect, incomplete, or inconsistent personal identifying information furnished by a test subject. (Repealed and added by Stats. 1984, Ch. 1505, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99159. Source version: id_0147396f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) Whenever a test agency is presented with information which renders the test subject’s test score suspect, whether that information is in the form of allegations of collusion or cheating, or irregular test administration, or irregular statistical data, or any other form, the test agency is responsible for reviewing the information and determining if withholding the test subject’s score is warranted. (b) If the test agency determines that withholding the test subject’s score is warranted, the test agency shall give the test subject written notice of the test agency’s decision. The notice shall be sent by registered mail not later than five working days after the test agency’s decision. (c) The notice to the test subject shall include all of the following: (1) A complete summary of the information submitted to the test agency and relied upon by the test agency to withhold the score. (2) A complete summary of the pertinent facts surrounding the investigation. (3) A statement of the test subject’s right to receive, upon request, details supporting complete summaries referred to in paragraphs (1) and (2). (4) The policies and procedures that were followed by the test agency in reviewing and rendering a decision to withhold the test score. (5) The potential consequences which may result from the investigation, such as withholding or invalidating the test scores. (6) A summary of the information that may be submitted to the test agency by the test subject to support the authenticity of the test score. (7) A statement informing the test subject that the opportunity to respond to the notice will be afforded for not more than 15 working days following the date the notice was delivered. No final decision on the question of suspected irregularity or inauthenticity shall be rendered by the test agency until the test subject under investigation has responded, or the time for doing so has expired, whichever occurs first. (d) After the time period specified in paragraph (7) of subdivision (c) has expired, the test agency shall review all of the evidence and shall render a decision regarding the authenticity of the score. No test agency shall cancel or invalidate a test subject’s test scores on the basis of an alleged irregularity or inauthenticity unless, after all evidence has been considered by the test agency, substantial evidence resulting from an investigation conducted pursuant to this section supports the cancellation or invalidation. (Repealed and added by Stats. 1984, Ch. 1505, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99160. Source version: id_01473971-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) Whenever the test agency determines that substantial evidence exists to support cancellation or invalidation of a test score, the test agency shall provide the test subject with a choice of the following options: (1) A cancellation of the test scores in question, with full refund of all test fees. (2) Opportunity to take the test again privately and without charge. (3) Opportunity to seek judicial review of the matter. (b) The test subject shall have 30 days following receipt of the notice by registered mail to respond to the notice of inauthenticity. (c) If the test subject responds to the notice of inauthenticity or irregularity of test scores sent by the test agency within the time period specified by subdivision (b), the test agency shall review the contents of the response and comply with one of the following: (1) If the test subject requests cancellation of the test scores, a full refund of all test fees will be provided within a reasonable period. (2) If the test subject requests an opportunity to take the test again privately and without charge, the test agency shall make appropriate accommodations that are mutually agreed upon by the test agency and test subject so that the test subject has sufficient time to prepare for the retest. The retest shall be given in a reasonable and timely manner. (3) Nothing in this section precludes the parties from seeking resolution of the testing problems by either judicial review or arbitration. (d) The test agency shall not release confidential information to any authorized test score recipients regarding a test subject under pending investigation, unless authorized to do so by the test subject. (e) The test agency shall immediately release the test score to the test subject and the test score recipients where no substantial evidence exists to render the inauthenticity or irreguarity of the test score. (f) The procedures prescribed in Section 99159 and this section do not apply to instances where the cancellation of all test scores results from the complete disruption of the administration of the test, such as by natural disasters, national emergencies, inadequate or improper test conditions, answer sheet printing errors, or testing agency errors. (g) Time procedures described in Section 99159 and this section shall not apply in those instances where test scores have already been reported to test score recipients. (Repealed and added by Stats. 1984, Ch. 1505, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99160.5. Source version: id_a7eefe80-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) A test agency shall immediately initiate an investigation upon learning of a complaint or a notice of inadequate or improper test conditions relating to an administration of an Advanced Placement test. In order to expedite the investigation and ensure a timely resolution, the school in charge of the test site shall cooperate with the test agency’s investigation by providing information requested by the test agency within five business days. If, upon completing the investigation, the test agency determines that the inadequate or improper test conditions will prevent it from reporting valid test scores, the test agency shall notify the school in charge of the test site of the decision within two business days. Upon notification from the test agency that the test agency has determined that the inadequate or improper test conditions will prevent it from reporting valid test scores, the school in charge of the test site shall notify the affected test subjects of the decision within two business days. The school in charge of the test site shall provide all affected test subjects with at least five business days’ prior notice of an opportunity to retest. That retest shall be administered within 30 calendar days of the completion of the investigation. (b) Proctors administering an Advanced Placement test shall create a seating chart, including the seat location of each test subject, for each Advanced Placement test administered at the test site. The test agency shall provide seating chart templates for use by each test site. The school in charge of the test site shall retain and preserve each seating chart created pursuant to this subdivision for at least one year after the administration of the Advanced Placement test to which that seating chart applies. The school in charge of the test site shall submit these seating charts to the test agency upon its request to assist with its investigation of a complaint or notice of inadequate or improper test conditions. (Added by Stats. 2014, Ch. 245, Sec. 1. (SB 915) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99161. Source version: id_0148bf13-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) No test agency shall release or disclose any test score identifiable with any individual test subject, in any form whatsoever, to any test score recipient, unless the agency is specifically authorized by the test subject to release that test score to the recipient. A test agency may, however, release all scores received by a test subject on a test to anyone designated by the test subject to receive the test score. (b) A test agency may release test scores and other information in a form which does not identify any individual test subject for purposes of research, studies, and reports primarily concerning the test itself. (Added by Stats. 1984, Ch. 1505, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99161.5. Source version: id_5c6c5984-ca39-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= (a) (1) The test sponsor of the Law School Admission Test shall provide testing accommodations to a test subject with a disability who makes a timely request to ensure that the Law School Admission Test accurately reflects the aptitude, achievement levels, or other factors that the test purports to measure and does not reflect the test subject’s disability. This paragraph does not constitute a change in, but is declaratory of, existing law. (2) The process for determining whether to grant an accommodation under paragraph (1) shall be made public, and the decision whether or not to approve a request for an accommodation shall be conveyed to the requester within a reasonable amount of time. If the test sponsor of the Law School Admission Test does not approve a request for accommodation, the test sponsor shall state the reasons for the denial of the request to the requester in writing. (3) The test sponsor of the Law School Admission Test shall establish a timely appeals process for a test subject who is denied an accommodation request. The test sponsor of the Law School Admission Test shall clearly post on the Law School Admission Test Internet Web site information regarding refund policies for individuals whose requests for accommodation are denied. (b) Whenever a test subject has received formal testing accommodations from a postsecondary educational institution for a disability as defined in subdivision (j), (m), or (n) of Section 12926 of the Government Code, the test sponsor of the Law School Admission Test shall, consistent with existing law, give considerable weight to documentation of past modifications, accommodations, or auxiliary aids or services received by the test subject in similar testing situations when determining whether to grant an accommodation to the test subject. (c) (1) The test sponsor of the Law School Admission Test shall not notify a test score recipient that the score of any test subject was obtained by a subject who received an accommodation pursuant to this section. (2) The test sponsor of the Law School Admission Test shall not withhold any information that would lead a test score recipient to deduce that a score was earned by a subject who received an accommodation pursuant to this section. (3) This subdivision does not constitute a change in, but is declaratory of, existing law. (d) This section shall not be construed to limit or replace any other right or remedy that exists under state or federal law. (e) This section shall not provide greater protections to persons with disabilities than those provided by Section 51 of the Civil Code. (Amended by Stats. 2016, Ch. 82, Sec. 6. (AB 2908) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99162. Source version: id_20546faf-5921-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= Any information or report required to be submitted to the appropriate state agency or made publicly available on the test sponsor’s internet website pursuant to this chapter shall be public record subject to disclosure under the provisions of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. Nothing in this section shall be construed to diminish or authorize the infringement of any rights protected by law relating to copyright, to the protection of trade secrets, or other proprietary rights. (Amended by Stats. 2021, Ch. 615, Sec. 90. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99163. Source version: id_0148bf17-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= Any test sponsor who intentionally violates any provision of this chapter shall be liable for a civil penalty not to exceed seven hundred fifty dollars ($750) for each violation. (Added by Stats. 1984, Ch. 1505, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 3. Standardized Tests [99150 - 99164] SECTION 99164. Source version: id_0148bf19-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=3.&article= If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (Added by Stats. 1984, Ch. 1505, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 4. California High-Quality, High-Volume Spay and Neuter Certification Programs. [99170- 99170.] SECTION 99170. Source version: id_222a7524-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=4.&article= (a) A California veterinary medical school may develop a high-quality, high-volume spay and neuter certification program to be offered as elective coursework to enrolled students. The certification program shall do all of the following: (1) Provide training in techniques to facilitate safe and efficient ovariectomy, ovariohysterectomy, and gonadectomy of cats and dogs. (2) Use and support best practices for high-quality, high-volume spay and neuter procedures and services. (3) Consist of both classroom and surgery lab training. (4) Require students to successfully complete a number of ovariectomies, ovariohysterectomies, and gonadectomies under the high-quality, high-volume spay and neuter model, as determined by the program. (b) If there are program spaces available after students have enrolled, a California veterinary medical school that offers a certification program pursuant to subdivision (a) shall allow California-licensed veterinarians and California-registered veterinary technicians to enroll in the certification program for continuing education and certification purposes. (1) A veterinary medical school that offers a certification program pursuant to this section shall provide a California-licensed veterinarian or California-registered veterinary technician who successfully completes the certification program with a certificate of completion and a written confirmation of the number of hours spent in active high-quality, high-volume spay and neuter practice. (2) A California-licensed veterinarian or California-registered veterinary technician who successfully completes the certification program shall receive continuing education credit for program participation. (3) The curriculum offered to a California-registered veterinary technician pursuant to this subdivision shall be consistent with current law and shall include, among other topics, all of the following: (A) Surgical preparation of the patient. (B) Anesthesia induction and maintenance. (C) Subcutaneous and cutaneous tissue closure. (D) Anesthesia recovery. (E) Emergency and critical care considerations using techniques under the high-quality, high-volume spay and neuter model. (4) A certification program offered pursuant to this subdivision shall require a California-licensed veterinarian to successfully complete a number of ovariectomies, ovariohysterectomies, and gonadectomies under the high-quality, high-volume spay and neuter model, as determined by the program. (5) A certification program offered pursuant to this subdivision may charge a reasonable fee to cover the costs associated with offering the program to a California-licensed veterinarian or a California-registered veterinary technician. A fee charged pursuant to this paragraph shall be paid directly to the veterinary medical school offering the program. (c) A certification program offered pursuant to this section shall do all of the following: (1) Make available to the public low- or no-cost ovariectomies, ovariohysterectomies, or gonadectomies for cats and dogs that are performed by students or California-licensed veterinarians enrolled in the program. (2) Develop policies and procedures that prioritize qualifying for the services described in paragraph (1) based on, at a minimum, income and socioeconomic status. (3) Ensure that the training and care provided or coordinated by the program is at a standard of care that is consistent with those standards of care generally accepted within the veterinary profession. (d) A California veterinary medical school that offers a certification program pursuant to this section shall publicly publish, every three years, a progress report that describes the activities of the program. The progress report shall include, but not be limited to, all of the following information: (1) The number of cat and dog ovariectomies, ovariohysterectomies, and gonadectomies performed under the program. (2) The number of certifications issued by the program. (3) The costs associated with implementing and administering the program. (4) The subsidized cost, if any, of surgical services provided to the public pursuant to subdivision (c). (e) A California veterinary medical school that offers a certification program pursuant to this section shall determine the best available location or locations to host the program including, but not limited to, any of the following locations: (1) On-campus facilities. (2) A public animal control agency or shelter. (3) A society for the prevention of cruelty to animals shelter. (4) A humane society shelter. (5) A rescue group shelter. (f) This section shall not authorize a California-registered veterinary technician to perform surgical procedures. (Added by Stats. 2024, Ch. 613, Sec. 1. (SB 1233) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 4.5. Higher Education Accountability Program [99180 - 99182] SECTION 99180. Source version: id_014a45bd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=4.5.&article= (a) It is the intent of the Legislature that demonstrable improvements in student knowledge, capacities, and skills between entrance and graduation be publicly announced and available, and that these improvements be achieved efficiently through the effective use of student and institutional resources of time, effort, and money. (b) It is further the intent of the Legislature that public and private institutions of higher education express expectations of student performance in a manner that is clear to students. (c) It is further the intent of the Legislature that existing accountability requirements be strengthened through the elimination of unnecessary and redundant reports submitted by the educational institutions to various state agencies. The elimination of these unnecessary reports will save money and allow the institutions to focus their efforts on only the most important reporting requirements. (Added by Stats. 1991, Ch. 741, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 4.5. Higher Education Accountability Program [99180 - 99182] SECTION 99181. Source version: id_014a45bf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=4.5.&article= The University of California, the California State University, and the California Community Colleges shall each prepare a list of reports required to be submitted on a regular basis to the Legislature and to state agencies. The purpose of each report shall be identified, as well as the costs associated with production of the report. Prior to March 1, 1992, this information shall be submitted to the education policy and fiscal committees of the Legislature, the Department of Finance, and the California Postsecondary Education Commission. The California Postsecondary Education Commission shall review and comment on the utility of the required reports identified by the educational institutions, and offer recommendations for consolidating or eliminating existing reporting requirements in order to reduce operating expenses and streamline reporting provisions. (Added by Stats. 1991, Ch. 741, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 4.5. Higher Education Accountability Program [99180 - 99182] SECTION 99182. Source version: id_014a45c1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=4.5.&article= (a) On or before November 15, 1994, and each November 15 thereafter, the California Postsecondary Education Commission shall submit a higher education report to the Legislature and the Governor which provides information to the citizens of the state on the significant indicators of performance of the public colleges and universities. This annual report shall be presented in a readable format. Prior to publication, the commission shall distribute a draft of the report to all public colleges and universities for comment. (b) The commission, in cooperation with the public colleges and universities, shall develop and adopt a format for the higher education report specified in subdivision (a) and the information to be included. The following types of information shall be considered for inclusion in the report with respect to public universities: (1) The retention rate of students. (2) The proportion of lower division instructional courses taught by tenured and tenure-track faculty. (3) The minimum number of hours per semester required to be spent by faculty in student advisement. (4) The proportion of graduate and undergraduate students participating in sponsored research programs. (5) Placement data on graduates. (6) The proportional changes in the participation and graduation rates of students from groups historically underrepresented in higher education. (7) The proportion of graduate students who received undergraduate degrees (A) at the institution, (B) within the state, (C) within the United States, and (D) from other nations. (8) The number of full-time students who have transferred from a California community college. (9) Demonstrable evidence of improvements in student knowledge, capacities, and skills between entrance and graduation, where this evidence exists. (10) Results of surveys of students regarding student attitudes and experiences, where these surveys exist. (c) The following types of information shall be considered for inclusion in the report with respect to public community colleges: (1) The retention rate of students. (2) The proportion of remedial or developmental education courses taught by full-time faculty. (3) The number of hours per student per semester spent by faculty in student advisement. (4) Placement data on graduates. (5) The proportional change in the participation and graduation rate of students from groups historically underrepresented in higher education. (6) The number of students who have transferred into a four-year, postsecondary institution, by ethnicity and gender. (7) Demonstrable evidence of improvements in student knowledge, capacities, and skills between entrance and graduation, where this evidence exists. (8) Results of surveys of students regarding student attitudes and experiences, where these surveys exist. (Added by Stats. 1991, Ch. 741, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 1. Subject Matter Projects [99200 - 99204] SECTION 99200. Source version: id_e462fd15-c0a9-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=1. (a) With funds appropriated therefor, and with the approval of the Concurrence Committee, the Regents of the University of California are requested to establish and maintain cooperative endeavors designed to accomplish the following: (1) Develop and enhance teachers’ subject matter and content knowledge in the subject matter areas specified in Section 99201. (2) Develop and enhance teachers’ instructional strategies to improve pupil learning and academic performance as measured against State Board of Education standards adopted pursuant to Sections 60605 and 60605.8 and, where applicable, to standards adopted pursuant to Section 60811 and any subsequently adopted standards. (3) Provide teachers with instructional strategies for working with English learners. (4) Provide teachers with instructional strategies for delivering career-oriented, integrated academic and technical content in a manner that is linked to high priority industry sectors identified in the California career technical education model curriculum standards as adopted by the State Board of Education. The Concurrence Committee, in consultation with the appropriate state entities, industry leaders, representatives of organized labor, educators, and other parties, shall determine the priority of industry sectors. (5) Provide teachers with access to and opportunity to examine current research that is demonstrably linked to improved pupil learning and achievement as measured by performance levels on state tests administered pursuant to Section 60605, or any successor assessment system, or on English language development assessments developed, pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4 of Title 2, or any successor assessments, for English language learners. (6) Maintain subject-specific professional communities that create and encourage ongoing opportunities for teacher collaboration, learning, and research. (7) Develop and deploy as teacher leaders, teachers with demonstrated levels of expertise in the classroom and certifiable levels of content knowledge. (8) Provide teachers with instructional strategies for ongoing collaboration on the delivery of career-oriented, integrated academic and technical content. (9) Address learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic. (b) The duties of the Concurrence Committee shall include, but need not be limited to, all of the following: (1) Ensuring that the statewide and local subject matter projects comply with requirements of this chapter. (2) Developing rules and regulations for the statewide subject matter projects. (3) On or before January 1, 2024, providing a report on addressing learning loss in the mathematics, science, writing, and reading and literature projects specified in Section 99201 to the Governor and to appropriate policy and fiscal committees of the Legislature. The report shall include, but need not be limited to, all of the following information, compiled for a three-year period: (A) The number, and level of experience, of participants in the mathematics, science, writing, and reading and literature projects that are specifically focused on addressing learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic. (B) The total amount of funds expended, on an annual basis that are specifically focused on addressing learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic, for the mathematics, science, writing, and reading and literature projects. (C) An explanation of the type of professional development activities offered pursuant to the mathematics, science, writing, and reading and literature projects to address learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic, including the extent to which teachers were provided professional development focused on delivering career-oriented, integrated academic and technical content. (D) A list of the name and location of each school affiliated with the mathematics, science, writing, and reading and literature projects that are specifically focused on addressing learning loss in mathematics, science, and English, language arts due to the COVID-19 pandemic. (c) Grants to establish local sites of statewide subject matter projects shall be available to institutions of higher education, county offices of education and school districts, or any combination thereof, with a subject matter proposal approved pursuant to this article. Once established, each subject matter project shall be administered by the University of California in cooperation with the Concurrence Committee. Local sites of statewide subject matter projects shall be distributed throughout the state so that elementary, secondary, and postsecondary school personnel located in rural, urban, and suburban areas may avail themselves of subject matter projects. (d) The Concurrence Committee shall be composed of individuals who are affiliated with leadership, management, or instruction in education or education policy entities, including educational expertise on instructional strategies for English learners and academic language acquisition. They shall be selected as follows: (1) One representative selected by the Regents of the University of California. (2) One representative selected by the Board of Trustees of the California State University. (3) One representative selected by the State Board of Education, who has significant experience with direct classroom instruction. (4) One representative selected by the Governor. (5) One representative selected by the Superintendent of Public Instruction. (6) One representative selected by the Commission on Teacher Credentialing. (7) One representative selected by the Curriculum Development and Supplemental Materials Commission. (8) One representative of the California Community Colleges selected by the Board of Governors of the California Community Colleges. (9) One representative of an independent postsecondary institution selected by the Association of Independent California Colleges and Universities. (e) (1) The requirement for submitting a report pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be in compliance with Section 9795 of the Government Code. (Amended by Stats. 2020, Ch. 25, Sec. 16. (SB 116) Effective June 29, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 1. Subject Matter Projects [99200 - 99204] SECTION 99200.5. Source version: id_c87de58f-3189-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=1. The statewide subject matter projects shall accomplish all of the following goals: (a) Create opportunities for researchers, higher education faculty, and elementary and secondary school faculty to work together to accomplish all of the following: (1) Identify exemplary teaching practices. (2) Examine and develop research on learning, knowledge, and educational materials. (3) Provide support to teachers to develop and enhance the content knowledge and pedagogical skills necessary to implement State Board of Education standards or curriculum frameworks adopted pursuant to Sections 51226, 60605, 60605.1, 60605.2, 60605.3, and 60605.8 and any subsequently adopted standards or curriculum frameworks. (4) In partnership with the University of California Curriculum Integration Institute or other appropriate entities, provide teachers with support in the implementation of career-oriented, integrated academic and technical courses that meet course requirements for admission to the University of California and the California State University, and align with high-priority industry sectors as determined pursuant to paragraph (4) of subdivision (a) of Section 99200. (b) Collect the necessary data to perform the evaluation required by subdivision (c) of Section 99200. (Amended by Stats. 2011, Ch. 632, Sec. 3. (SB 612) Effective January 1, 2012. Operative January 1, 2012, pursuant to earlier satisfaction of condition in Sec. 8 of Ch. 632.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 1. Subject Matter Projects [99200 - 99204] SECTION 99201. Source version: id_ddf92a11-3189-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=1. The following subject matter projects shall be authorized pursuant to this chapter: (a) The California Writing Project. (b) The California Reading and Literature Project. (c) The California Mathematics Project. (d) The California Science Project. (e) The California History-Social Science Project. (f) The World History and International Studies Project. (g) The California Physical Education-Health Project. (h) The California Arts Project. (i) The California World Language Project. (Amended by Stats. 2011, Ch. 632, Sec. 4. (SB 612) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 1. Subject Matter Projects [99200 - 99204] SECTION 99201.5. Source version: id_84b3d9d0-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=1. Nothing in this chapter shall preclude the University of California from establishing other subject matter projects in subject areas not specified in Section 99201. However, no funds allocated in the annual Budget Act for the purposes of this chapter shall be used for subject matter projects in subject areas not specified in Section 99201. (Added by Stats. 1998, Ch. 333, Sec. 5. Effective August 21, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 1. Subject Matter Projects [99200 - 99204] SECTION 99202. Source version: id_f201cbc3-3189-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=1. (a) Within each subject matter project, a project advisory board shall be established to do all of the following: (1) Set guidelines for project sites. (2) Review and recommend site proposals for funding. (3) Monitor project activities to ensure that they adequately reflect the priorities of the project and that projects comply with the requirements of this chapter. (4) Perform other duties as determined by the Concurrence Committee rules and regulations adopted pursuant to subdivision (b) of Section 99200. (b) The composition of each advisory board shall be as follows: (1) One representative selected by the President of the University of California, who is a member of the faculty in the discipline addressed by the project. (2) One representative selected by the Chancellor of the California State University, who is a member of the faculty in the discipline addressed by the project. (3) One representative selected by the Superintendent of Public Instruction, who is a classroom teacher in the subject areas addressed by the project. (4) One representative of the State Board of Education, who is a classroom teacher in the subject areas addressed by the subject. (5) One representative selected by the Governor. (6) One representative selected by the Commission on Teacher Credentialing. (7) One representative of the statewide professional organization of teachers in the subject matter addressed by the project, to be selected by the president of that organization. If there is more than one statewide professional organization of teachers in that subject area, the members of the advisory board may choose which organization shall select the representative and may choose to include a representative of one or more of the other organizations as nonvoting members of the advisory board. (8) One representative of the California Community Colleges selected by the Chancellor of the California Community Colleges, who is a faculty member in the subject matter area addressed by the project. (9) One representative of an independent postsecondary institution selected by the Association of Independent California Colleges and Universities, who is a member of the faculty in the discipline addressed by the project. (10) One representative who is from an industry sector that principally utilizes the discipline addressed by the project and who is selected by the advisory board. (Amended by Stats. 2011, Ch. 632, Sec. 5. (SB 612) Effective January 1, 2012. Operative January 1, 2012, pursuant to earlier satisfaction of condition in Sec. 8 of Ch. 632.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 1. Subject Matter Projects [99200 - 99204] SECTION 99203. Source version: id_0772fe25-318a-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=1. The project advisory board of each statewide subject matter project shall use the following criteria in recommending funding for local project sites: (a) The proposed site is designed to provide support to teachers to develop and enhance the content knowledge and pedagogical skills necessary to implement State Board of Education standards adopted pursuant to Sections 60605 and 60605.8 and any subsequently adopted standards. (b) The proposed site allocates a minimum of 75 percent of program slots to teachers from schools achieving scores on the state tests administered pursuant to Section 60605, or any successor state assessment system, that rank the school in the bottom 40 percent of all California schools or have pupil dropout rates that exceed the statewide average. (c) The proposed site develops formal partnerships with high-priority schools that achieve scores on the state tests administered pursuant to Section 60605, or any successor state assessment system, that rank the school in the bottom 40 percent of all California schools or have pupil dropout rates that exceed the statewide average. (d) The proposed site maintains evaluation data as required by subdivision (c) of Section 99200. (e) The proposed site gives attention to instructional strategies that make use of educational technology to support the instructional program. (f) The proposed site involves various levels and segments of education in a cooperative approach. (g) Participating school districts, colleges, and universities provide financial and personnel support for the proposed site. (h) The proposed site uses participants as professional development providers in school districts, colleges, and universities. (i) The proposed site provides continuing professional development to project participants. (j) The proposed site addresses the need to integrate existing standards of competence in the subject matter into the curriculum at the grade level taught by each participating teacher. (k) The proposed site contributes to the effectiveness of school and district development plans and coordinates with existing agencies or entities, such as the resource agency or consortia established pursuant to Article 2 (commencing with Section 44680) of Chapter 3.1 of Part 25. (l) Neighboring institutions have worked collaboratively to develop a proposal that clearly indicates their intention to continue to work cooperatively throughout the duration of the local project. (m) For purposes of recommending funding for local project sites that serve middle or high school teachers, the project advisory board shall give special consideration to sites that utilize or are preparing to utilize instructional strategies to deliver career-oriented, integrated academic and technical content. (Amended by Stats. 2011, Ch. 632, Sec. 6. (SB 612) Effective January 1, 2012. Operative January 1, 2012, pursuant to earlier satisfaction of condition in Sec. 8 of Ch. 632.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 1. Subject Matter Projects [99200 - 99204] SECTION 99204. Source version: id_85b7b546-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=1. This chapter shall be operative, and shall apply to the University of California, only for such times as the Legislature has appropriated funds therefor and the Regents of the University of California have accepted the funds. No provision of this chapter shall apply to the University of California unless the Regents of the University of California, by resolution, makes that provision applicable. (Added by Stats. 1988, Ch. 1362, Sec. 17.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99220. Source version: id_01506059-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. The Regents of the University of California are requested to jointly develop with the Trustees of California State University and the independent colleges and universities, the California Reading Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) (1) In June 1999, the University of California and its institutes’ partners shall commence instruction for 6,000 participants who either provide direct instruction in reading to pupils in kindergarten or in grade 1, 2, or 3, or who supervise beginning teachers of reading. Commencing in July 2000, the institutes shall provide instruction for an additional 14,000 participants who either provide direct instruction in reading to pupils, including special education pupils, in prekindergarten, kindergarten or in grade 1, 2, or 3, or supervise beginning teachers of reading. Of the 14,000 new positions, at least 2,000 shall be reserved for prekindergarten teachers who teach in state preschool programs located in the attendance area of high-priority schools in order to link prekindergarten literacy development and reading readiness to the state’s reading goals for pupils enrolled in kindergarten and grades 1 to 3, inclusive. If there are not enough applicants to fill the 2,000 positions, the remaining positions may be filled by teachers of pupils enrolled in kindergarten or any of grades 1 to 3, inclusive. (2) Ongoing support for second-year participants shall include a second-year institute focusing on the use of instructional materials, leveraging of school district resources, and the development of teacher leadership within the school district to improve pupil achievement in reading. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator, with the majority of the team composed of beginning teachers. (2) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils’ reading scores are at or below the 40th percentile on the reading portion of the achievement test authorized by Section 60640. (B) Schools with a high number of beginning and noncredentialed teachers. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced price meals. (D) Schools with a full complement of team members as outlined above. (E) School teams committed to participate in the Elementary School Intensive Reading Program established pursuant to Article 1 (commencing with Section 53025) of Chapter 16 of Part 28 for a minimum of three years. (F) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (B) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of reading in a manner consistent with the standard for a comprehensive reading instruction program that is research-based, as described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259, and shall include all of the following components: (A) The study of organized, systematic, explicit skills including phonemic awareness, direct, systematic explicit phonics, and decoding skills. (B) A strong literature, language and comprehension component with a balance of oral and written language. (C) Ongoing diagnostic techniques that inform teaching and assessment. (D) Early intervention techniques. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum framework on reading/language arts adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) (1) Each participant who satisfactorily completes an institute authorized by this section shall receive a stipend, commensurate with the duration of the institute, of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), as determined by the University of California. (2) A participant in an institute authorized by this section who satisfactorily completes additional institute activities or leadership and mentoring responsibilities in his or her school in subsequent years in accordance with institute guidelines shall receive a stipend, commensurate with the participant’s responsibilities, of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), as determined by the University of California. It is the intent of the Legislature that stipends paid to participants under this paragraph average approximately one thousand dollars ($1,000) per stipend recipient per year. (e) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course, and shall be supplemented, during the following school year, with no fewer than 80 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school’s pupils in reading. (f) It is the intent of the Legislature that a local education agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of reading course requirements to an enrolled candidate who satisfactorily completes a California Reading Professional Development Institute program if the institute has been certified by the Commission on Teacher Credentialing as meeting reading preparation standards. (g) This section does not prohibit a participant from attending an institute authorized by this section in more than one academic year. (h) “Beginning teachers,” for purposes of this article, are teachers with three or fewer years of teaching experience. (Amended by Stats. 2003, Ch. 91, Sec. 35. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99221. Source version: id_0150605b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. The Regents of the University of California are requested to develop jointly with the Trustees of the California State University and the independent colleges and universities, the High School English Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes’ partners shall commence instruction for 12,000 participants who either provide direct instruction in reading and writing to California public high school pupils in grades 9 to 12, inclusive, or supervise beginning teachers of high school reading and writing. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but is not limited to, all of the following: (A) Schools whose pupils’ scores on the English language arts portion of the achievement test authorized by Section 60640 are at or below the 40th percentile. (B) Teams composed of a large percentage of the members of their schools’ English departments, which may include the chair of that department. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced price meals. (D) Teams of teachers from various departments within a school. (E) Schools with a high number of beginning and noncredentialed teachers. (F) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (E) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of reading and writing in a manner consistent with the standard for a comprehensive reading and writing instruction program that is research-based, as described in subparagraphs (A) and (B) of paragraph (4) of subdivision (b) of Section 44259. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on reading/language arts for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course and shall be supplemented, during the following school year, with no fewer than 80 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school’s pupils in English language arts. (e) It is the intent of the Legislature that a local education agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of English language arts requirements to an enrolled candidate who satisfactorily completes a High School English Professional Development Institute if the institute has been certified by the Commission on Teacher Credentialing as meeting English language arts standards. (Amended by Stats. 2001, Ch. 737, Sec. 3. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99221.5. Source version: id_32547889-318a-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. (a) The Regents of the University of California are requested to authorize the President of the University of California or his or her designee to jointly develop English Language Development Professional Institutes with the Chancellor of the California State University, the Chancellor of the California Community Colleges, the independent colleges and universities, and the Superintendent, or their designees. In order to provide maximum access, the institutes shall be offered at sites widely distributed throughout the state, which shall include programs offered through instructor-led, interactive online courses, in accordance with existing state law. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall accommodate at least 5 percent of the participants through existing state-approved online instructor-led courses, programs, or both. The California subject matter projects, an intersegmental, discipline-based professional development network administered by the University of California, is requested to be the organizing entity for the institutes and followup programs. (b) (1) The institutes shall provide instruction for school teams from each school participating in the program established pursuant to this section. The institutes may provide instruction for school teams serving English language learners in kindergarten and grades 1 to 12, inclusive. A school team shall include teachers who do not hold crosscultural or bilingual-crosscultural certificates or their equivalents, teachers who hold those certificates or their equivalents, and a schoolsite administrator. The majority of the team shall be teachers who do not hold those crosscultural certificates or their equivalents. If the participating school team employs instructional assistants who provide instructional services to English language learners, the team may include these instructional assistants. (2) Commencing in July 2000, the English Language Professional Development Institutes shall provide instruction to an additional 10,000 participants. These participants shall be in addition to the 5,000 participants authorized as of January 1, 2000. Commencing July 2001, and each fiscal year thereafter, the number of participants receiving instruction through the English Language Development Professional Institutes shall be specified in the annual Budget Act. (3) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils’ reading scores are at or below the 40th percentile on the English language arts portion of the achievement test authorized by Section 60640. (B) Schools in which a high percentage of pupils score below grade level on the English language development assessment authorized by Section 60810, when it is developed. (C) Schools with a high number of new, underprepared, and noncredentialed teachers. Underprepared teachers shall be defined as teachers who do not possess a crosscultural or bilingual-crosscultural certificate, or their equivalents. (D) Schools in which the enrollment of English language learners exceeds 25 percent of the total school enrollment. (E) Schools with a full complement of team members as described in paragraph (1). (4) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (C) of paragraph (3). (c) Each team member who satisfactorily completes an institute authorized by this section shall receive a stipend, commensurate with the duration of the institute, of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), as determined by the University of California. (d) Instruction provided by the institutes shall be consistent with state-adopted academic content standards and with the English language development standards adopted pursuant to Section 60811. (e) (1) Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 80 hours during the summer or during an intersession break or an equivalent instructor-led, online course and shall be supplemented during the following school year with no fewer than 80 hours nor more than 120 hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of English language learners at that school. (2) Instruction at the institutes shall be of sufficient scope, depth, and duration to fully equip instructional personnel to offer a comprehensive and rigorous instructional program for English language learners and to assess pupil progress so these pupils can meet the academic content and performance standards adopted by the state board. The instruction shall be designed to increase the capacity of teachers and other school personnel to provide and assess standards-based instruction for English language learners. (3) The instruction shall be multidisciplinary and focus on instruction in disciplines for which the state board has adopted academic content standards. The instruction shall also be research-based and provide effective models of professional development in order to ensure that instructional personnel increase their skills, at a minimum, in all of the following: (A) Literacy instruction and assessment for diverse pupil populations, including instruction in the teaching of reading that is research-based and consistent with the balanced, comprehensive strategies required under Section 44757. (B) English language development and second language acquisition strategies. (C) Specially designed instruction and assessment in English. (D) Application of appropriate assessment instruments to assess language proficiency and utilization of benchmarks for reclassification of pupils from English language learners to fully English proficient. (E) Examination of pupil work as a basis for the alignment of standards, instruction, and assessment. (F) Use of appropriate instructional materials to assist English language learners to attain academic content standards. (G) Instructional technology and its integration into the school curriculum for English language learners. (H) Parent involvement and effective practices for building partnerships with parents. (f) A local educational agency may use its economic impact aid funds for purposes of this section. (g) It is the intent of the Legislature that a local educational agency or postsecondary institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of the course requirements to an enrolled candidate who satisfactorily completes a California English Language Development Institute program if the program has been certified by the Commission on Teacher Credentialing as meeting preparation standards. (h) This section does not prohibit a team member from attending an institute authorized by this section in more than one academic year. (i) This section shall not apply to the University of California unless and until the Regents of the University of California act, by resolution, to make it applicable. (Amended by Stats. 2011, Ch. 296, Sec. 77. (AB 1023) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99222. Source version: id_4b444892-e41d-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. The Regents of the University of California are requested to develop jointly with the Trustees of the California State University and the independent colleges and universities, the High School Mathematics Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes’ partners shall commence instruction for 5,500 participants who either provide direct instruction in mathematics to California public high school pupils in grades 9 to 12, inclusive, or supervise beginning teachers of high school mathematics. (b) (1) The institutes shall provide instruction for school teams from each participating school. The school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils’ scores on the mathematics portion of the achievement test authorized by Section 60640 are at or below the 40th percentile. (B) Teams composed of a large percentage of members of their schools’ mathematics departments, which may include the chair of that department. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced-price meals. (D) Schools with a high number of beginning and noncredentialed teachers. (E) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (D) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of mathematics in a manner consistent with the standard for a comprehensive mathematics instruction program that is research-based and shall include all of the following components: (A) Instruction in topics commonly found in high school mathematics courses, including, but not limited to, geometry, algebra II, trigonometry, and calculus, that will enhance the ability of teachers to prepare pupils for the achievement test authorized pursuant to Section 60640 and to prepare pupils for advanced placement and college coursework. (B) Ongoing diagnostic techniques that inform teaching and assessment. (C) Early intervention techniques for pupils experiencing difficulty in mathematics. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on mathematics for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course and shall be supplemented, during the following school year, with no fewer than 80 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school’s pupils in mathematics. (e) It is the intent of the Legislature that a local educational agency or postsecondary educational institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of mathematics course requirements to an enrolled candidate who satisfactorily completes a High School Mathematics Professional Development Institute if the institute has been certified by the Commission on Teacher Credentialing as meeting mathematics standards. (Amended by Stats. 2017, Ch. 641, Sec. 18. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99223. Source version: id_615f9da4-e41d-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. The Regents of the University of California are requested to jointly develop with the Trustees of the California State University and the independent colleges and universities, the Algebra Academies Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes’ partners shall commence instruction for 1,000 participants who either provide direct instruction in prealgebra and algebra to pupils in grades 7 and 8, or supervise beginning teachers of algebra. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but are not necessarily limited to, all of the following: (A) Schools whose pupils’ scores on the mathematics portion of the achievement test authorized by Section 60640 are at or below the 40th percentile. (B) Teams composed of a large percentage of members of their schools’ mathematics departments, which may include the chair of that department. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced-price meals. (D) Schools with a high number of beginning and noncredentialed teachers. (E) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools that meet the criteria described in subparagraph (D) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of prealgebra and algebra in a manner consistent with the standard for a comprehensive mathematics instruction program that is research-based and shall include all of the following components: (A) Instruction in prealgebra and algebra that will enhance the ability of teachers to prepare pupils for the achievement test authorized pursuant to Section 60640. (B) Ongoing diagnostic techniques that inform teaching and assessment. (C) Early intervention techniques for pupils experiencing difficulty in prealgebra and algebra. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on mathematics for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) Each participant who satisfactorily completes an institute authorized by this section shall receive a stipend, commensurate with the duration of the institute, of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), as determined by the University of California. (e) In order to provide maximum access, the institutes shall be offered on multiple university and college campuses that are widely distributed throughout the state. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours during the summer or during an intersession break, and shall be supplemented, during the following school year, with no fewer than the equivalent of five additional days of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school’s pupils in prealgebra and algebra. (f) Teachers attending the institutes authorized by this section shall, as a condition of attendance and subsequent to that attendance, serve as instructors in the program authorized by Chapter 17 (commencing with Section 53081) of Part 28. These teachers shall continue to receive followup professional development during the same time period they are providing instruction. Followup professional development during this time period shall occur outside of instructional time. (g) It is the intent of the Legislature that a local educational agency or postsecondary educational institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of mathematics course requirements to an enrolled candidate who satisfactorily completes an Algebra Academies Professional Development Institute program if the institute has been certified by the Commission on Teacher Credentialing as meeting mathematics standards. (Amended by Stats. 2017, Ch. 641, Sec. 19. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99224. Source version: id_78b7b876-e41d-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. The Regents of the University of California are requested to develop jointly with the Trustees of the California State University and the independent colleges and universities, the Algebra Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes’ partners shall commence instruction for 5,000 participants who either provide direct instruction in algebra or the coursework in the two years leading to algebra to pupils enrolled in a public school in grades 6 to 12, inclusive, or supervise beginning teachers of algebra. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils’ scores on the mathematics portion of the achievement examination authorized by Section 60640 are at or below the 40th percentile. (B) Teams composed of a large percentage of members of their schools’ mathematics departments, which may include the chair of that department. (C) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced-price meals. (D) Schools with a high number of beginning and noncredentialed teachers. (E) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (D) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of prealgebra and algebra in a manner consistent with the standard for a comprehensive mathematics instruction program that is research-based, and shall include all of the following components: (A) Instruction in prealgebra and algebra that will enhance the ability of teachers to prepare pupils for the achievement test authorized pursuant to Section 60640. (B) Ongoing diagnostic techniques that inform teaching and assessment. (C) Intervention techniques for pupils experiencing difficulty in prealgebra and algebra. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on mathematics for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course and shall be supplemented, during the following school year, with no fewer than 80 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school’s pupils in prealgebra and algebra. (e) It is the intent of the Legislature that a local educational agency or postsecondary educational institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of mathematics course requirements to an enrolled candidate who satisfactorily completes a High School Algebra Professional Development Institute program if the institute has been certified by the Commission on Teacher Credentialing as meeting mathematics standards. (Amended by Stats. 2017, Ch. 641, Sec. 20. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99225. Source version: id_8d2a3f88-e41d-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. The Regents of the University of California are requested to develop collaboratively with the Trustees of the California State University, the independent colleges and universities, and the county offices of education, the Elementary Mathematics Professional Development Institutes, to be administered by the university, in partnership with the California State University and with private, independent universities in California, in accordance with all of the following criteria: (a) In July 2000, the University of California and its institutes’ partners shall commence instruction for 5,000 participants who either provide direct instruction in elementary mathematics to pupils in grades 4 to 6, inclusive, or supervise beginning teachers of elementary mathematics. (b) (1) The institutes shall provide instruction for school teams from each participating school. These school teams may include both beginning and experienced teachers and the schoolsite administrator. (2) Criteria and priority for selection of participating school teams shall include, but not necessarily be limited to, all of the following: (A) Schools whose pupils’ scores on the mathematics portion of the achievement test authorized by Section 60640 are at or below the 40th percentile. (B) Schools with high poverty levels, as determined by the percentage of pupils eligible for free or reduced-price meals. (C) Schools with a high number of beginning and noncredentialed teachers. (D) Schools that have adopted standards-based materials approved by the State Board of Education. (3) In any fiscal year, if funding is inadequate to accommodate the participation of all eligible school teams, first priority shall be given to schools meeting the criteria set forth in subparagraph (C) of paragraph (2). (c) (1) The institutes shall provide instruction in the teaching of elementary mathematics in a manner consistent with the standard for a comprehensive mathematics instruction program that is research-based, and shall include all of the following components: (A) Instruction in elementary mathematics that will enhance the ability of teachers to prepare pupils for the achievement test authorized pursuant to Section 60640. (B) Instruction that will prepare teachers as mathematics specialists and to become teacher trainers at their schools, assuming more of the responsibility for mathematics instruction. (C) Ongoing diagnostic techniques that inform teaching and assessment. (D) Early and continuing intervention techniques for pupils experiencing difficulty in elementary mathematics. (2) Instruction provided pursuant to this section shall be consistent with state-adopted academic content standards and with the curriculum frameworks on mathematics for kindergarten and grades 1 to 12, inclusive, that are adopted by the State Board of Education. (3) Instruction provided pursuant to this section shall acquaint teachers with the value in the diagnostic nature of standardized tests. (d) In order to provide maximum access, the institutes shall be offered through multiple university and college campuses that are widely distributed throughout the state or in a regionally accredited program offered through instructor-led, interactive online courses. In order to maximize access to teachers and administrators who may be precluded from participating in an onsite institute due to geographical, physical, or time constraints, each institute shall be required to accommodate at least 5 percent of the participants through state-approved instructor-led, interactive online courses. Instruction at the institutes shall consist of an intensive, sustained training period of no less than 40 hours nor more than 120 hours during the summer or during an intersession break or an equivalent instructor-led, online course, and shall be supplemented, during the following school year, with no fewer than 40 additional hours nor more than 120 additional hours of instruction and schoolsite meetings, held on at least a monthly basis, to focus on the academic progress of that school’s pupils in elementary mathematics. (e) It is the intent of the Legislature that a local educational agency or postsecondary educational institution that offers an accredited program of professional preparation consider providing partial and proportional credit toward satisfaction of mathematics course requirements to an enrolled candidate who satisfactorily completes an Algebra Professional Development Institute program if the institute has been certified by the Commission on Teacher Credentialing as meeting mathematics standards. (Amended by Stats. 2017, Ch. 641, Sec. 21. (AB 830) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99225.5. Source version: id_01536da5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. In addition to providing the Legislature with quarterly enrollment and completion reports, the University of California and its partners in administering professional development institutes under this article shall annually contract for an independent evaluation of the professional development institutes authorized by Sections 406, 99220, 99221, 99222, 99224, and 99225. The results of this evaluation shall be reported, in writing, to the Legislature no later than January 1, 2002, and annually thereafter. (Amended by Stats. 2000, Ch. 986, Sec. 9. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99226. Source version: id_01536da7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. (a) This article shall apply to the University of California only during periods for which the Legislature has appropriated funds therefor in the annual Budget Act and the Regents of the University of California have accepted the funds. (b) This article shall not apply to the University of California unless and until the Regents of the University of California act, by resolution, to make it applicable. (c) The Regents of the University of California are requested to jointly develop with the Trustees of California State University and the independent colleges and universities, the institutes described in this article, to be administered by the University of California, in partnership with the California State University and with private, independent universities in California. (d) Each participant who satisfactorily completes an institute authorized by this article shall receive a stipend commensurate with the duration of the institute, of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000), as determined by the University of California. However, in making this determination, the University of California may not exceed the amount provided in the Budget Act for stipends for each of the institutes authorized by this article and must serve at each institute the number of participants specified pursuant to this section. (e) Commencing July 2001, and each fiscal year thereafter, the number of participants receiving instruction through each of these institutes shall be designated in the annual Budget Act. (f) These institutes shall be developed in accordance with all of the criteria specified in each section, as described therein. (g) Notwithstanding any other provision of law, on a case-by-case basis, and subject to the concurrence of the State Board of Education that priorities for service to high-need schools are met, the University of California and the programs authorized pursuant to Sections 99220 through 99226, inclusive, may serve prekindergarten teachers, kindergarten teachers, and teachers of grades 1 to 12, inclusive, in participating school districts with programs in reading or mathematics when the average of the reading or mathematics portions of the achievement test authorized pursuant to Section 60640 is at or below the priority level for service in schools otherwise served by the California Professional Development Institutes. (Amended by Stats. 2002, Ch. 664, Sec. 72. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5. Instructional Strategies [99200 - 99227] ARTICLE 2. California Professional Development Institutes [99220 - 99227] SECTION 99227. Source version: id_01536da9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.&article=2. Within the criteria and priority for the selection of participating school teams set forth in paragraph (2) of subdivision (b) of Sections 99220, 99221, 99222, 99223, 99224, and 99225, priority for the selection of teachers to participate in the professional development institutes authorized pursuant to those sections shall be determined in the following manner: (a) Teachers who have not participated in a professional development institute in reading or mathematics that is authorized pursuant to this article shall be accorded first priority for training pursuant to this article. (b) Teachers who have participated in a professional development institute in reading or mathematics that is authorized pursuant to this article, but who have not yet received supplemental training in the areas specified in paragraph (2) of subdivision (a) of Section 99237 shall be accorded second priority for training pursuant to this article. (c) Teachers who have participated in a professional development institute in reading or mathematics that is authorized pursuant to this article, and have received supplemental training in the areas specified in paragraph (2) of subdivision (a) of Section 99237 shall be accorded third priority for training pursuant to this article. (Added by Stats. 2001, Ch. 737, Sec. 9. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5.5. Student Health Care Services [99250 - 99251] SECTION 99250. Source version: id_be95c673-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.5.&article= For the purposes of this chapter, the following definitions apply: (a) “Commission” means the Commission on the Status of Women and Girls established by Section 8241 of the Government Code. (b) “Fund” means the College Student Health Center Sexual and Reproductive Health Preparation Fund established by Section 99251. (c) “Grantee” means any qualifying student health center at a public college or university. (d) “Medication abortion readiness” includes, but is not limited to, assessment of each individual clinic to determine facility and training needs before beginning to provide abortion by medication techniques, purchasing equipment, making facility improvements, establishing clinical protocols, creating patient educational materials, and training staff. “Medication abortion readiness” does not include the provision of abortion by medication techniques. (e) “Public university student health center” means a clinic providing primary health care services to students that is located on the campus of a university within the University of California or California State University systems. (f) “Public university system” means the University of California or the California State University. (Added by Stats. 2019, Ch. 740, Sec. 2. (SB 24) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5.5. Student Health Care Services [99250 - 99251] SECTION 99251. Source version: id_be95c675-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.5.&article= (a) On and after January 1, 2023, each public university student health center shall offer abortion by medication techniques onsite. This service may be performed by providers on staff at the student health center, through telehealth services, or by providers associated with a contracted external agency. (b) (1) The commission shall administer the College Student Health Center Sexual and Reproductive Health Preparation Fund, which is established by this chapter for the purposes of providing private moneys in the form of direct allocations to the University of California and the California State University to support medication abortion readiness at each public university student health center. Notwithstanding any other law, the commission is authorized to receive moneys from nonstate entities, including, but not necessarily limited to, private sector entities and local and federal government agencies, specifically to support the fund, and deposit these moneys into the fund. (2) Notwithstanding Section 13340 of the Government Code, the moneys in the fund are continuously appropriated to the commission for allocation for purposes of this subdivision. (3) The commission shall use fund moneys to do all of the following: (A) Allocate two hundred thousand dollars ($200,000) per campus to the University of California and the California State University. Of these funds, each university system shall provide two hundred thousand dollars ($200,000) to each public university student health center to pay for the cost, both direct and indirect, of medication abortion readiness. Allowable expenses payable from these allocations may include, but are not limited to, any of the following: (i) Purchase of equipment used in the provision of abortion by medication techniques. (ii) Facility and security upgrades. (iii) Costs associated with enabling the campus health center to deliver telehealth services. (iv) Costs associated with training staff in the provision of abortion by medication techniques. (v) Staff cost reimbursement and clinical revenue offset while staff are in trainings. (B) Allocate two hundred thousand dollars ($200,000) to both the University of California and the California State University, to pay for the cost, both direct and indirect, of medication abortion readiness for each university system. Allowable expenses payable from these allocations may include, but are not limited to, any of the following: (i) Providing 24-hour, backup medical support by telephone to patients who have obtained abortion by medication techniques at a public university student health center. (ii) One-time fees associated with establishing a corporate account to provide telehealth services. (iii) Billing specialist consultation. (C) Maintain a system of financial reporting on all aspects of the fund. The financial reports shall include, but not be limited to, information from public university student health centers on their expenditures and activities associated with this chapter. (D) Support implementation of medication abortion readiness by public university student health centers by measures that may include, but are not limited to, any of the following: (i) Assisting student health centers with planning and budgeting. (ii) Coordinating with student health centers to identify training and other resources. (iii) Serving as a liaison between each public university system, public university student health centers, and the Legislature. (iv) Collecting, compiling, and analyzing information from public university student health centers to meet the commission’s reporting requirements under subdivision (d). (E) Pay direct and indirect costs of the commission to administer this chapter, including costs of the hiring of staff. (4) The requirements of this chapter shall be implemented only if, and to the extent that, a total of at least ten million two hundred ninety thousand dollars ($10,290,000) in private funds is made available to the fund in a timely manner on or after January 1, 2020. It is the intent of the Legislature that both of the following occur: (A) No General Fund moneys shall be appropriated, or otherwise provided, to support the fund or the commission’s costs to administer this chapter. (B) The commission shall assist public university student health centers in identifying other resources to pay for the costs of medication abortion readiness, and for the costs of providing for abortion by medication techniques. (5) Nothing in this chapter shall be interpreted as requiring either of the following: (A) A public university to use General Fund moneys or student fees for medication abortion readiness. (B) A public university student health center to bill public programs or health insurance providers to support the costs of providing abortion by medication techniques onsite. (c) Upon request from a public university student health center, the commission shall assist and advise on potential pathways for the student health center to bill public programs and health insurance providers to help pay for the costs of providing abortion by medication techniques. (d) (1) On or before December 31, 2021, and on or before December 31 of each year thereafter until December 31, 2026, the commission shall submit a report to the Legislature that includes, but is not necessarily limited to, all of the following information for each reporting period, separately for each public university system: (A) The number of student health centers that provide abortion by medication techniques. (B) The number of abortions by medication techniques performed at student health centers, disaggregated, to the extent possible, by student health center. (C) The total amount of funds received by each system and provided to the system’s student health centers that is expended on medication abortion readiness, and, separately, the total amount of any other funds expended on medication abortion readiness and the source of those funds, disaggregated by function and, to the extent possible, disaggregated by student health center. (2) The report required in paragraph (1), and any associated data collection, shall be conducted in accordance with state and federal privacy law, including, but not necessarily limited to, the state Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (3) The requirement for submitting reports under paragraph (1) shall become inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2019, Ch. 740, Sec. 2. (SB 24) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5.7. CALIFORNIA BENCH TO SCHOOL INITIATIVE [99275 - 99277] SECTION 99275. Source version: id_03070322-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.7.&article= (a) The California Bench to School Initiative is hereby established to create the California Institute on Law, Neuroscience, and Education to promote a collaborative focus on neuroscience, law, education, and social justice to improve literacy outcomes in school settings for youth. (b) The institute shall include the Memory and Aging Center of the University of California, San Francisco (UCSF), the UCSF/UC College Consortium on Law, Science, and Health Policy, and the UC/CSU California Collaborative for Neurodiversity and Learning. The institute shall be charged with the development, implementation, and management of the initiative in collaboration and partnership with the Office of Youth and Community Restoration. (c) As used in this chapter: (1) “Initiative” means the California Bench to School Initiative established in subdivision (a). (2) “Institute” means the California Institute on Law, Neuroscience, and Education created pursuant to subdivision (a). (3) “UC College” means the college named in Section 92200. (4) “UCSF” means the University of California, San Francisco. (5) “UC/CSU California Collaborative for Neurodiversity and Learning” means the collaboration between the University of California, Los Angeles, and California State University, managed by the University of California, Los Angeles. (Amended by Stats. 2022, Ch. 478, Sec. 29. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5.7. CALIFORNIA BENCH TO SCHOOL INITIATIVE [99275 - 99277] SECTION 99276. Source version: id_1e8c8c6f-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.7.&article= (a) The institute shall perform all of the following duties: (1) Provide comprehensive analysis of the overlap of science and society by expanding interdisciplinary research on the legal implications of new scientific knowledge in neuroscience. (2) Promote and conduct interdisciplinary research on socioeconomic factors, such as trauma, abuse, social exclusion, discrimination, poverty, homelessness, and neglect. (3) Develop interdisciplinary research protocols and approaches to expand the capacity of specialists in different fields to work together. (4) Provide an annual report to the Legislature, in compliance with Section 9795 of the Government Code, on the initiative’s programmatic objectives and budget expenditures. (5) Conduct longitudinal studies related to the success of teacher preparation and development, pupil interventions, and educational outcomes. (b) The UC/CSU California Collaborative for Neurodiversity and Learning shall develop curriculum, provide teacher training, professional development, and classroom interventions. (Added by Stats. 2021, Ch. 144, Sec. 70. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 5.7. CALIFORNIA BENCH TO SCHOOL INITIATIVE [99275 - 99277] SECTION 99277. Source version: id_b6e17398-fbfd-11ee-8859-57ad64633428 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=5.7.&article= (a) Upon receiving funding for purposes of this chapter, UCSF, the UC college named in Section 92200, and the UC/CSU California Collaborative on Neurodiversity and Learning shall each appoint one member from the respective institutions. This group shall be charged with the development and oversight of the initiative and shall function as the institute’s management committee. The management committee shall be permitted, but not obligated, to retain a program director to assist in the implementation of the initiative. (b) (1) An advisory board, with its title and members to be named by the institute, shall be established to serve as an oversight body for the initiative in order to monitor progress and provide leadership from the perspectives of their respective participating organizations, departments, and divisions and to facilitate collaboration among researchers, practitioners, administrators, legislators, and community stakeholders. (2) The advisory board shall provide expertise and support to the management committee. (3) The advisory board shall be a check on accountability to ensure that the initiative is meeting its goals. (4) The advisory board shall conduct a fiscal review of the distribution of funds to ensure alignment with the goals of the initiative. (5) The membership of the advisory board shall be constituted as set forth in subdivision (c). (c) The members of the advisory board shall be representatives from the following institutions, organizations, agencies, and groups: (1) UCSF. (2) UC college named in Section 92200. (3) The UC/CSU California Collaborative for Learning and Neurodiversity. (4) The Behavioral Health Services Oversight and Accountability Commission. (5) A Member of the Assembly selected by the Speaker of the Assembly. (6) A Senator selected by the President pro Tempore of the Senate. (7) Community representatives, including formerly justice-involved persons and their family members, selected by the Governor, the Speaker of the Assembly, and the President pro Tempore of the Senate. (d) (1) The advisory board shall meet twice per year, with the potential for additional working group meetings. (2) At each meeting, the advisory board shall participate in a review of reports, including updates on research, practice, and policy efforts, as well as fiscal reporting. (e) This section shall become operative on January 1, 2025, if amendments to the Mental Health Services Act are approved by the voters at the March 5, 2024, statewide primary election. (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 790, Sec. 4. (SB 326) Effective October 12, 2023. Operative January 1, 2025, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 6. The Early Assessment Program [99300 - 99301] SECTION 99300. Source version: id_60bd1d5c-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=6.&article= (a) (1) Commencing with the 2014–15 school year and for purposes of the Early Assessment Program established by this chapter, the California Standards Test and the augmented California Standards Tests in English language arts and mathematics may be replaced with the grade 11 consortium computer-adaptive assessments in English language arts and mathematics. (2) The Legislature finds and declares that in 2004, the California State University (CSU) established the Early Assessment Program (EAP), a collaborative effort among the State Board of Education, the State Department of Education, and CSU, to enable pupils to learn about their readiness for college-level English and mathematics before their senior year of high school. It is the intent of the Legislature that the office of the Chancellor of the California Community Colleges, the office of the Chancellor of the California State University, the State Board of Education, and the State Department of Education work together to modify the existing EAP to expand it to include the California Community Colleges (CCC) so that, beginning in the 2009–10 school year, high school juniors who are considering attending either system can take the EAP and receive information in the summer before their senior year concerning their preparation for college-level work at both CSU and CCC. (b) It is also the intent of the Legislature that the existing EAP student notification system, as currently operated by agreement between CSU and the State Department of Education, be modified to do both of the following: (1) Reassure pupils that they are eligible to attend a community college and that taking the EAP test has no bearing on their eligibility to attend a community college. (2) Inform pupils of their readiness for college-level coursework in English or mathematics, or both, and recommend the next appropriate steps as they pertain to achieving success at a community college, similar to how CSU communicates with pupils who take the EAP test and are prospective CSU students. (c) It is also the intent of the Legislature that the EAP be modified to include all of the following requirements: (1) That the participating community college districts utilize the existing EAP secure data repository and clearinghouse for test score distribution of the assessment, as referenced in Section 60641. (2) That the modified EAP not affect the statutory reporting requirements provided in Section 60641, or increase the costs of either the assessment program referenced in Section 60640 or the State Department of Education. (3) That the modified EAP be titled the “Early Assessment Program.” (Amended by Stats. 2013, Ch. 489, Sec. 27. (AB 484) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 6. The Early Assessment Program [99300 - 99301] SECTION 99301. Source version: id_50b8db8c-8992-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=6.&article= (a) Notwithstanding subdivision (a) of Section 78213, the individual grade 11 assessment results, as referenced in Section 60641, or a standards-aligned successor assessment, in addition to any other purposes, may be used by community college districts to provide diagnostic advice to, or for the placement of, prospective community college students participating in the EAP. (b) (1) As authorized pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 60641, the individual assessment results, as referenced in Section 60641, or a standards-aligned successor assessment, shall be provided to the office of the Chancellor of the California Community Colleges. (2) The office of the Chancellor of the California Community Colleges shall coordinate with community college districts that choose to voluntarily participate in the EAP as follows, and, to the extent possible, shall accomplish all of the following activities using existing resources: (A) Encourage community college districts to choose to voluntarily participate in the EAP and notify them of the requirements of subdivision (c), including the requirements that the standards utilized by CSU to assess readiness for college-level English and mathematics courses, as expressed in the assessment referenced in Section 60641, or a standards-aligned successor assessment, shall also be used for the purposes of the EAP. (B) Coordinate the progress of the program, provide technical assistance to participating community college districts pursuant to subdivision (c) as needed, identify additional reporting and program criteria as needed, and provide a report to the Legislature and Governor on or before February 15, 2015, on the implementation and results of the EAP for community college students. (C) Provide access to the individual assessment results, as referenced in Section 60641, or a standards-aligned successor assessment, to participating community college districts. (c) For those community college districts that choose to work directly with high school pupils within their respective district boundaries who took the assessment, as referenced in Section 60641, or a standards-aligned successor assessment, and choose to offer assistance to these pupils in strengthening their college readiness skills, all of the following provisions apply: (1) The individual results of the assessment, as referenced in Section 60641, or a standards-aligned successor assessment, shall be released by the office of the Chancellor of the California Community Colleges, as authorized pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 60641, to participating community college districts upon their request for this information and may be used to provide diagnostic advice to prospective community college students participating in the EAP. (2) Pursuant to subparagraph (A) of paragraph (2) of subdivision (b), the same standards utilized by CSU to assess readiness shall also be used for purposes of this section. (3) The assessment, as referenced in Section 60641, and utilized by CSU for purposes of early assessment, or a standards-aligned successor assessment, shall be used to assess the college readiness of pupils in the EAP. (4) Participating community college districts are encouraged to consult with the Academic Senate for the California Community Colleges to work toward sequencing their precollegiate level courses and transfer-level courses in English and mathematics to the common core academic content standards adopted pursuant to Section 60605.8. (5) Participating community college districts shall identify an EAP coordinator and shall coordinate with CSU campuses and schools offering instruction in kindergarten and any of grades 1 to 12, inclusive, in their respective district boundaries on EAP-related activities that assist pupils in making decisions that increase their college readiness skills and likelihood of pursuing a postsecondary education. (6) In order to provide high school pupils with an indicator of their college readiness, a community college district participating in the EAP shall use individual assessment results provided to that college pursuant to paragraph (1) of, and subparagraph (C) of paragraph (2) of, subdivision (b) to provide diagnostic advice to prospective community college students participating in the EAP. (7) The individual results of the assessment, as referenced in Section 60641 for purposes of the EAP, or a standards-aligned successor assessment, shall not be used by a community college as a criterion for admission. (8) Participating community college districts shall utilize the existing infrastructure of academic opportunities, as developed by CSU, to provide additional preparation in grade 12 for prospective community college students participating in the EAP. (d) Both of the following provisions apply to CSU: (1) The individual results of the assessment, as referenced in Section 60641, or a standards-aligned successor assessment, as authorized pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 60641, shall be released to, and, in addition to any other purposes, may be used by, CSU to provide diagnostic advice to, or for the placement of, prospective CSU students participating in the EAP. (2) The individual results of the assessment, as referenced in Section 60641 for purposes of the EAP, or a standards-aligned successor assessment, shall not be used by CSU as a criterion for admission. (Amended by Stats. 2014, Ch. 71, Sec. 47. (SB 1304) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 7. California Education Learning Laboratory [99350 - 99352] SECTION 99350. Source version: id_54b26f90-7fc9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=7.&article= For purposes of this chapter, the following definitions shall apply: (a) “Adaptive learning” means a technology-mediated environment in which the learner’s experience is adapted to learner behavior and responses. (b) “Agency” means the Government Operations Agency. (c) “Learning lab” means the California Education Learning Laboratory established in this chapter. (d) “Public postsecondary educational institution” means a campus of the California Community Colleges, the California State University, or the University of California. (e) “Public postsecondary segment” means the California Community Colleges, the California State University, or the University of California. (f) “STEM” means science, technology, engineering, and mathematics. (Added by Stats. 2026, Ch. 84, Sec. 2. (SB 172) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 7. California Education Learning Laboratory [99350 - 99352] SECTION 99351. Source version: id_54b26f92-7fc9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=7.&article= (a) The California Education Learning Laboratory is hereby established as a program under the Government Operations Agency. The purpose of the learning lab is to increase learning outcomes and close equity and achievement gaps using the science of human learning and adaptive learning technologies in STEM disciplines and other disciplines. (b) (1) In administering this chapter, the agency shall issue calls for, evaluate, and annually award grants to competitive grant proposals from intersegmental faculty teams that apply principles of the science of human learning and adaptive learning technologies in STEM disciplines and other disciplines, based on, but not limited to, all of the following criteria: (A) The potential for reducing achievement and equity gaps in the particular discipline or subject area that is the subject of the call for proposals. (B) The depth and breadth of expertise in the discipline or subject area described in subparagraph (A). (C) The prospects for increasing equity and accessibility in STEM disciplines and other subject areas that show high initial failure or dropout rates. (D) The potential to incorporate real-time learning outcome data to improve the curriculum. (E) The potential to use a common technology platform to deliver the course or course series. (F) The representation of each public postsecondary segment on the proposal’s faculty team. (G) The inclusion of career education and workforce pathways in the proposal. (H) Opportunities to leverage nonstate funding. (I) The quality of the concrete metrics and goals identified in the proposal. (2) The agency shall monitor the progress of proposals awarded grants pursuant to this chapter. (3) (A) The agency shall recruit an expert selection committee to score and recommend proposals to the agency. (B) Members of the selection committee described in subparagraph (A) shall not have a financial interest in any contract, including any recommendation to award grants made by the selection committee described in subparagraph (A). (C) The selection committee shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), except during the deliberative process as it relates to scoring, reviewing, and ranking proposals, and the making of final recommendations to the agency. (c) The agency shall create, and post on its internet website, the guidelines for awarding grants described in subdivision (b). The guidelines shall include, but are not limited to, all of the following: (1) A competitive and merit-based application process that allows faculty from public postsecondary educational institutions to submit proposals. For the first three years that proposals are accepted, the agency shall select STEM disciplines from which to award proposals. The agency may limit the number of proposals submitted by a public postsecondary educational institution or solicit proposals by invitation only for limited calls for proposal. (2) A peer-reviewed proposal selection process. (3) Eligibility requirements, which shall include, but not be limited to, all of the following: (A) A minimum number of public postsecondary segments shall be represented by each proposal’s intersegmental faculty team members. (B) A minimum number of faculty team members shall commit to teaching or evaluating codeveloped or jointly redesigned curriculum during the grant period. (C) A proposal may include faculty from independent institutions of higher education, as defined in Section 66010, or nonfaculty, as appropriate. (4) Requirements regarding the use of awarded grants, including, but not limited to, a cap on indirect cost rates. (5) Requirements regarding the use and sharing of research data and findings. (6) Requirements for the protection of privacy and personal information. (d) (1) The agency may, in addition to the grants awarded pursuant to this section, do both of the following: (A) Award learning lab grants for professional development to faculty, including, but not limited to, grants to adopt a successful course or course series developed or redesigned through the learning lab. (B) Curate a “best of” resource library of curricular and pedagogical assets, including from grants that have demonstrated successful outcomes. (2) The agency shall create, and post on its internet website, guidelines for awarding grants pursuant to this chapter. (e) The agency shall solicit public, nonprofit, and private sector input on any additional guidelines for awarding grants pursuant to this article. (f) The agency shall establish terms and conditions that require learning lab courses and course series, and technology and technology platforms developed or redesigned with learning lab grants, to be available as open education resources. (g) (1) The agency shall annually submit a report to the Legislature that summarizes the grants awarded pursuant to this chapter. The report shall include evaluations of completed proposal projects. Multiple project evaluations may be submitted in one report. (2) A written report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (h) The agency may receive nonstate funds to support the operations of the learning lab, to make additional funds available for purposes of this chapter, or to increase the amount of grants previously awarded to a learning lab proposal. (i) (1) The agency may use up to 5 percent of any amount appropriated to the agency for the learning lab for the administrative costs of implementing this chapter. (2) The evaluation of a project for purposes of the report described in subdivision (g) is not an administrative cost for purposes of this subdivision. (3) The curation of the resource library described in subparagraph (B) of paragraph (1) of subdivision (d) is not an administrative cost for purposes of this subdivision. (j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), the agency may implement or interpret this chapter without taking any regulatory action. (k) The agency may enter into an agreement with an entity, or with a nonprofit or not-for-profit organization, or a consortium of those organizations, for purposes of administering or jointly administering this chapter. (Added by Stats. 2026, Ch. 84, Sec. 2. (SB 172) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 65. MISCELLANEOUS [99000 - 99352] CHAPTER 7. California Education Learning Laboratory [99350 - 99352] SECTION 99352. Source version: id_54b296a4-7fc9-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=65.&chapter=7.&article= The agency shall award learning lab funding in compliance with both of the following: (a) Learning lab funding shall be awarded to public postsecondary educational institutions geographically located in California. (b) Recipients of learning lab funding shall include, but are not limited to, public postsecondary educational institutions in both northern and southern California. (Added by Stats. 2026, Ch. 84, Sec. 2. (SB 172) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 1. General Provisions [100000- 100000.] SECTION 100000. Source version: id_2ad84e0d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=1. This chapter shall be known and may be cited as the Public Education Facilities Bond Act of 1996. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 2. School Facilities Program Provisions [100010 - 100035] SECTION 100010. Source version: id_694122d7-e1db-11e2-97ce-b86a8c35220c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=2. Two billion twelve million thirty-five thousand dollars ($2,012,035,000) of the proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the State School Building Lease-Purchase Fund. (Amended by Stats. 2013, Ch. 28, Sec. 2. (SB 71) Effective June 27, 2013. Note: This section was added by Stats. 1996, Ch. 1, and approved in Prop. 203 on March 26, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 2. School Facilities Program Provisions [100010 - 100035] SECTION 100015. Source version: id_2bb71553-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=2. All moneys deposited in the State School Building Lease-Purchase Fund shall be available to provide aid to school districts of the state in accordance with the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10), and of all acts amendatory thereof and supplementary thereto, to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with Sections 100020, 100025, 100030, and 100035, to provide funds to repay any money advanced or loaned to the State School Building Lease-Purchase Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 2. School Facilities Program Provisions [100010 - 100035] SECTION 100020. Source version: id_2c029d45-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=2. Of the proceeds from the sale of bonds pursuant to this chapter, not more than nine hundred million dollars ($900,000,000) may be used for one or more of the following purposes: (a) The acquisition of portable classrooms for use in accordance with Chapter 25 (commencing with Section 17785) of Part 10. (b) The reconstruction or modernization of facilities pursuant to Chapter 22 (commencing with Section 17700) of Part 10. In addition to the current program requirements, the State Allocation Board may allocate funding pursuant to this subdivision for the reconstruction or modernization of any existing structure, including the wiring and cabling in that structure, to enable that structure to accommodate computers and other high technology equipment. (c) The purchase and installation of air-conditioning equipment and insulation materials, and related costs, pursuant to Section 42250.1, for schools operated on a year-round multitrack schedule in a manner that increases school capacity and reduces or eliminates the school district’s need for the construction of additional classroom space. (d) Project funding for applicant districts under Chapter 22 (commencing with Section 17700) of Part 10 that have incurred or will incur enrollment increases due to the locating or expansion of state or federal prisons. (e) The acquisition of relocatable child care and development facilities for the purpose of providing extended day care services pursuant to Article 22 (commencing with Section 8460) of Chapter 2 of Part 6. (f) Project funding, without regard to funding priorities, for applicant county boards of education under Chapter 22 (commencing with Section 17700) of Part 10 that are eligible for that funding for classrooms for severely handicapped pupils. (g) Project funding for applicant districts under Chapter 22 (commencing with Section 17700) of Part 10 that are eligible for that funding, but that lack funding priority due to the size of pupil enrollment in the district. (h) Project funding for high priority roof replacement projects. (i) Construction projects or the purchase of furniture or equipment designed to increase school security. (j) The identification, assessment, or abatement in school facilities of hazardous asbestos pursuant to either Chapter 22 (commencing with Section 17700) of Part 10 or Section 39619.6 and of lead. (k) The reconstruction or modernization of facilities pursuant to Chapter 22 (commencing with Section 17700) of Part 10. Notwithstanding Section 17721.3, the State Allocation Board may allocate funding pursuant to this subdivision for the reconstruction or modernization of an existing structure in an amount that exceeds 25 percent of the replacement cost of that structure in order to finance structural improvements needed to avert future earthquake damage. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 2. School Facilities Program Provisions [100010 - 100035] SECTION 100025. Source version: id_2c4c0257-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=2. Of the proceeds from the sale of bonds pursuant to this chapter, not more than one hundred million dollars ($100,000,000) may be used for seismic retrofit projects of existing public school facilities. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 2. School Facilities Program Provisions [100010 - 100035] SECTION 100030. Source version: id_2c9937f9-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=2. Of the proceeds from the sale of bonds pursuant to this chapter, not more than forty million dollars ($40,000,000) may be used for projects for school districts that agree to contribute 60 percent or more of the cost of those projects. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 2. School Facilities Program Provisions [100010 - 100035] SECTION 100035. Source version: id_2ce3ae7b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=2. Of the proceeds from the sale of bonds pursuant to this chapter, not more than twenty-five million dollars ($25,000,000) may be used for projects that include joint use of facilities pursuant to Section 17750 or 17751. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 3. Higher Education Facilities Program [100110 - 100121] SECTION 100110. Source version: id_0666a8e6-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=3. The Legislature finds and declares all of the following: (a) California’s economic and social prosperity relies on a higher education system that keeps pace with California’s growth. In the coming decades, the state’s economic prosperity will depend on increasing the productivity of the work force and on the ability to compete successfully in the world marketplace. (b) The system of public higher education in this state includes the University of California, comprising 9 campuses, the California State University, comprising 22 campuses, including the California Maritime Academy, a specialized institution, the California Community Colleges, consisting of 71 districts and 107 campuses, the college named in Section 92200, and their respective off-campus centers. Each of these institutions plays a vital role in maintaining California’s dominance in higher education in the United States. (c) Over the last several years, studies have been completed by the University of California, the California State University, and the California Community Colleges to assess their long-term and short-term capital needs. Those studies demonstrate that the long-term and short-term needs total, in the aggregate, several billion dollars. (d) The purpose of this article is to assist in meeting the capital outlay financing needs of California’s public higher education system. (Amended by Stats. 2022, Ch. 478, Sec. 31. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 3. Higher Education Facilities Program [100110 - 100121] SECTION 100115. Source version: id_6dfe5cc9-e1db-11e2-97ce-b86a8c35220c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=3. Nine hundred seventy-five million dollars ($975,000,000) of the proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1996 Higher Education Capital Outlay Bond Fund, which is hereby created. (Amended by Stats. 2013, Ch. 28, Sec. 3. (SB 71) Effective June 27, 2013. Note: This section was added by Stats. 1996, Ch. 1, and approved in Prop. 203 on March 26, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 3. Higher Education Facilities Program [100110 - 100121] SECTION 100120. Source version: id_0975e4b8-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=3. (a) The Higher Education Facilities Finance Committee created pursuant to Section 67353 shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California Community Colleges, and the college named in Section 92200 for the construction, including the construction of buildings and the acquisition of related fixtures; the equipping of new, renovated, or reconstructed facilities; funding for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings; renovation and reconstruction of facilities; and the construction or improvement of off-campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990, including the acquisition of sites upon which these facilities are to be constructed. (b) The addition of the college named in Section 92200 to this section is not intended to mark a change from the funding authorizations made by Section 67354, as contained in the Higher Education Facilities Bond Act of 1986, or Section 67334, as contained in the Higher Education Facilities Bond Act of 1988, but is intended to state more clearly what was intended by the Legislature in those sections as well. (Amended by Stats. 2022, Ch. 478, Sec. 32. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 3. Higher Education Facilities Program [100110 - 100121] SECTION 100121. Source version: id_2ece4075-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=3. The Board of Governors of the California Community Colleges shall consider the historic significance of community college district buildings that are 50 years of age or older if those buildings are to be renovated, reconstructed, or demolished in connection with the construction of buildings utilizing the funds provided by this chapter. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100125. Source version: id_9d9f5402-c9df-11e1-9cdf-99ae97e409bf Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. (a) Bonds in the total amount of two billion nine hundred eighty-seven million thirty-five thousand dollars ($2,987,035,000), not including the amount of any refunding bonds issued in accordance with Section 100175, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee created pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2012, Ch. 39, Sec. 5. (SB 1018) Effective June 27, 2012. Note: This section was added by Stats. 1996, Ch. 1, and approved in Prop. 203 on March 26, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100130. Source version: id_2fa9d36b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. The State School Building Finance Committee, created by Section 15909 and composed of the Governor, Controller, Treasurer, Director of Finance, and the Superintendent of Public Instruction, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall be designated to chair the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide the assistance to the committee as it may require. The Attorney General of the state shall be the legal adviser of the committee. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100135. Source version: id_2ff3fbcd-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the State School Building Lease-Purchase Fund. (c) For purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 1996 Higher Education Capital Outlay Bond Fund is designated as the “board” for projects funded by those appropriations. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100140. Source version: id_303e4b3f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. (a) Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100015, 100020, 100025, 100030, and 100035, the State School Building Finance Committee created pursuant to Section 15909 shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (b) The Higher Education Facilities Finance Committee created pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in Section 100120 that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 100120 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100145. Source version: id_308677d1-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100150. Source version: id_30cf8ec3-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum that is necessary to carry out the provisions of Section 100165, appropriated without regard to fiscal years. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100155. Source version: id_311b64d5-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. The board shall execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100160. Source version: id_316713d7-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes subject to designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and for the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds that is required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100165. Source version: id_31b55ae9-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee or the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the State School Building Lease-Purchase Fund and the 1996 Higher Education Capital Outlay Bond Fund. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in Section 100120 by the University of California, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan of the particular university or college and shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, by the 2002–03 fiscal year, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100170. Source version: id_31fff87b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. All money deposited in the State School Building Lease-Purchase Fund, the Education Technology Fund, and the 1996 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100175. Source version: id_32c4cf1d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the electors of the state for the issuance of the bonds described in this chapter shall include approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 4. Fiscal Provisions [100125 - 100180] SECTION 100180. Source version: id_330d49cf-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=4. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 66. PUBLIC EDUCATION BONDS [100000 - 100185] CHAPTER 1. Public Education Facilities Bond Act of 1996 [100000 - 100185] ARTICLE 5. Miscellaneous [100185- 100185.] SECTION 100185. Source version: id_33a36f53-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=66.&chapter=1.&article=5. (a) Any remaining funds resulting or derived from the sale of bonds pursuant to Chapter 9 (commencing with Section 16400), Chapter 10 (commencing with Section 16500), Chapter 11 (commencing with Section 16600), Chapter 12 (commencing with Section 16700), Chapter 13 (commencing with Section 16800), Chapter 15 (commencing with Section 17000), Chapter 16 (commencing with Section 17100), Chapter 17 (commencing with Section 17200), Chapter 18 (commencing with Section 17300), Chapter 19 (commencing with Section 17400), and Chapter 20 (commencing with Section 17500), of Part 10, shall be transferred to the State School Building Lease-Purchase Fund and may be apportioned by the State Allocation Board for the purposes of the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10). (b) Any unsold bonds, authorized for issuance under Chapter 9 (commencing with Section 16400), Chapter 10 (commencing with Section 16500), Chapter 11 (commencing with Section 16600), Chapter 12 (commencing with Section 16700), Chapter 13 (commencing with Section 16800), Chapter 15 (commencing with Section 17000), Chapter 16 (commencing with Section 17100), Chapter 17 (commencing with Section 17200), Chapter 18 (commencing with Section 17300), Chapter 19 (commencing with Section 17400), and Chapter 20 (commencing with Section 17500), of Part 10 may be sold by the Treasurer, upon authorization by the State School Building Finance Committee for the purposes of the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10). (Added by Stats. 1996, Ch. 1, Sec. 1. Approved in Proposition 203 at the March 26, 1996, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] SECTION 100400. Source version: id_34c50bfb-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=1.&article= This part shall be known and may be cited as the Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] SECTION 100401. Source version: id_35137a1d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=1.&article= The incorporation of, or reference to, any provisions of California statutory law in this part includes all acts amendatory thereof and supplementary thereto. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] SECTION 100403. Source version: id_355e65cf-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=1.&article= (a) Bonds in the total amount of nine billion two hundred million dollars ($9,200,000,000), not including the amount of any refunding bonds issued in accordance with Chapter 2 (commencing with Section 100410) and Chapter 3 (commencing with Section 100450), or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established by Section 15909 and the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 1. Class Size Reduction Kindergarten–University Public Education Facilities Bond Act of 1998 [100400 - 100405] SECTION 100405. Source version: id_35a61c31-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=1.&article= For purposes of this part, “Chapter 12” means Chapter 12 (commencing with Section 17000) of Part 10 and “Chapter 12.5” means Chapter 12.5 (commencing with Section 17070.10) of Part 10. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] SECTION 100410. Source version: id_367c30e7-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=1. (a) Three billion three hundred fifty million dollars ($3,350,000,000) of the proceeds of bonds issued and sold pursuant to this part shall be deposited in the 1998 State School Facilities Fund, which is established by Section 17070.40, and allocated by the State Allocation Board pursuant to this chapter. Before requesting the sale of bonds pursuant to Section 100432 for deposit in the State School Facilities Fund, the State Allocation Board shall request, pursuant to Section 100432, the sale of bonds sufficient to finance all projects for which application was made pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 12 (commencing with Section 17000) of Part 10) and for which an application was approved for construction, but funding was not available, prior to November 4, 1998. (b) In addition to the amount specified in subdivision (a), three billion three hundred fifty million dollars ($3,350,000,000) of the bonds authorized by this chapter shall only be issued and sold pursuant to this chapter on or after July 1, 2000, and the proceeds of those bonds shall be deposited in the 1998 State School Facilities Fund and allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] SECTION 100415. Source version: id_37409259-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=1. (a) All moneys deposited in the 1998 State School Facilities Fund pursuant to this chapter shall be available and, notwithstanding any other provision of law to the contrary, are hereby appropriated to provide aid to school districts of the state in accordance with the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 12 (commencing with Section 17000) of Part 10) and in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with Section 100420, to provide funds to repay any money advanced or loaned to the 1998 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (b) The bonds issued and sold pursuant to this chapter shall fund kindergarten and grades 1 through 12, inclusive, school constructions for a four-year period. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100410 - 100420] SECTION 100420. Source version: id_88e271db-be89-11db-b09b-b32f501655f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=1. (a) Of the proceeds from the sale of bonds, issued and sold pursuant to this chapter, as specified in subdivision (a) of Section 100410, not more than three billion three hundred fifty million dollars ($3,350,000,000) shall be allocated beginning in the 1998–99 fiscal year in accordance with the following schedule: (1) Not less than one billion three hundred fifty million dollars ($1,350,000,000) for project funding related to the growth in enrollment of applicant school districts under Chapter 12 and Chapter 12.5 that have incurred or will incur enrollment increases. (2) Not less than eight hundred million dollars ($800,000,000) for the reconstruction or modernization of facilities pursuant to Chapter 12 and Chapter 12.5. (3) Not more than five hundred million dollars ($500,000,000) shall be deposited in the Public School Critical Hardship Account, which is hereby established in the 1998 State School Facilities Fund and shall be allocated by the State Allocation Board to fund critical hardships as defined in Chapter 12.5. These funds may be expended for the acquisition of portable classrooms for use in accordance with Chapter 14 (commencing with Section 17085) of Part 10. (4) (A) Not more than seven hundred million dollars ($700,000,000) may be allocated to assist school districts with site acquisition and facilities-related costs of kindergarten and grades 1 to 3, inclusive, that are in the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28 and Chapter 19 (commencing with Section 17200) of Part 10, and to assist districts with the restoration of facilities that previously accommodated other programs and were displaced as a result of the implementation of class size reduction. On and after July 1, 2000, if applications for the total funds available under this paragraph have not been filed with the State Allocation Board, the funds for which applications have not been received may be allocated by the board to other high priority needs as the board determines. On and after July 1, 2003, any funds not allocated are available for other high priority needs. (B) The funds allocated in subparagraph (A) shall be allocated to the State Department of Education to provide class size reduction facilities grants necessary to implement the K–3 Class Size Reduction Program established pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28 and Chapter 19 (commencing with Section 17200) of Part 10. The department shall certify to the State Allocation Board the amount of funds needed for this purpose. The board shall transfer the amount of funds needed to the department. From these funds, the department shall award eligible districts forty thousand dollars ($40,000) for each new option one class established for class size reduction for which the district had not previously received funding under class size reduction facilities programs. (C) The remaining funds provided pursuant to subparagraph (A) shall be to provide funding for schoolsites that were eligible to receive a class size reduction land-locked waiver pursuant to Section 52122.6. The funds may be provided to districts to provide 50 percent of the cost of funding a facilities mitigation plan developed for the impacted site pursuant to Section 52122.7. (D) Any funds not expended pursuant to subparagraphs (A), (B), or (C) may be allocated to districts that request funding of forty thousand dollars ($40,000) for each teaching station that (1) was displaced as a result of the implementation of class size reduction and (2) received less than forty thousand dollars ($40,000) per teaching station in 1996–97 pursuant to Chapter 19 (commencing with Section 17200) of Part 10. Programs for which teaching stations may be restored may include child care, extended day care, school libraries, computer labs, and special education classrooms. (b) Of the proceeds from the sale of bonds issued and sold pursuant to this chapter, as specified in subdivision (b) of Section 100410, not more than three billion three hundred fifty million dollars ($3,350,000,000) shall be allocated beginning in the 2000–01 fiscal year in accordance with the following schedule: (1) Not less than one billion five hundred fifty million dollars ($1,550,000,000) for project funding related to the growth in enrollment of applicant school districts under Chapter 12.5 that have incurred or will incur enrollment increases. (2) Not less than one billion three hundred million dollars ($1,300,000,000) for the reconstruction or modernization of facilities pursuant to Chapter 12.5. (3) Not more than five hundred million dollars ($500,000,000) shall be deposited in the Public School Critical Hardship Account in the 1998 State School Facilities Fund and shall be allocated by the State Allocation Board to fund critical hardships as defined in Chapter 12.5. These funds may be expended for the acquisition of portable classrooms for use in accordance with Chapter 14 (commencing with Section 17085) of Part 10. (c) Districts may use funds allocated pursuant to paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b) for one or more of the following purposes in accordance with Chapter 12.5: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high priority roof replacement projects. (5) Any other renovation or modernization of facilities pursuant to Chapter 12.5. (d) Funds allocated pursuant to paragraph (1) of subdivision (a) and paragraph (1) of subdivision (b) may be utilized to provide new construction grants, without regard to funding priorities, for applicant county boards of education under Chapter 12.5 that are eligible for that funding or classrooms for severely handicapped pupils and funding for classrooms for county community school pupils. (e) (1) The Legislature may amend this section to adjust the minimum funding amounts specified in paragraphs (1) and (2) of subdivision (a) and the maximum funding amounts specified in paragraphs (3) and (4) of subdivision (a), and to adjust the minimum funding amounts specified in paragraphs (1) and (2) of subdivision (b) and the maximum funding amount specified in paragraph (3) of subdivision (b), by either of the following methods: (A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter. (B) By a statute that becomes effective only when approved by the voters. (2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) or paragraphs (1) to (3), inclusive, of subdivision (b) or both, but may not increase or decrease the total amount to be expended pursuant to either subdivision. (Amended by Stats. 1999, Ch. 858, Sec. 14. Effective January 1, 2000. Note: This section was added by Stats. 1998, Ch. 407, and approved in Prop. 1A on Nov. 3, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100425. Source version: id_37d4bc0d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. (a) Bonds in the total amount of six billion seven hundred million dollars ($6,700,000,000), not including the amount of any refunding bonds issued in accordance with Section 100444, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100427. Source version: id_381e964f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent of Public Instruction, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide the assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100430. Source version: id_38664db1-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 1998 State School Facilities Fund. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100432. Source version: id_38adb6f3-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100415 and 100420, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100434. Source version: id_38f6f4f5-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100435. Source version: id_393f96b7-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100440, appropriated without regard to fiscal years. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100436. Source version: id_3985c779-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100438. Source version: id_39cc1f4b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100440. Source version: id_3a12771d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 1998 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100442. Source version: id_3a560fcf-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. All money deposited in the 1998 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100444. Source version: id_3a973781-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 2. Kindergarten Through 12th Grade [100410 - 100446] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100425 - 100446] SECTION 100446. Source version: id_3adccc03-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=2.&article=2. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 1. Program Provision [100450 - 100460] SECTION 100450. Source version: id_0c76efba-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=1. The Legislature finds and declares all of the following: (a) California’s economic and social prosperity relies on a higher education system that keeps pace with California’s growth. In the coming decades, the state’s economic prosperity will depend on increasing the productivity of the work force and on the ability to compete successfully in the world marketplace. (b) The system of public higher education in this state includes the University of California, the college named in Section 92200, the California State University, the California Community Colleges, and their respective off-campus centers. Each of these institutions plays a vital role in maintaining California’s dominance in higher education in the United States. (c) Over the last several years, studies have been completed by the California Postsecondary Education Commission, the University of California, the California State University, and the California Community Colleges to assess their long-term and short-term capital needs. Those studies demonstrate that the long-term and short-term needs total, in the aggregate, seven hundred fifty million dollars ($750,000,000) per year into the next century. (d) Proceeds from the sale of bonds issued and sold pursuant to this chapter may be used to fund construction on existing or new campuses and off-campus centers, including the construction of buildings and the acquisition of related fixtures, the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings at the University of California, the college named in Section 92200, the California State University, and the California Community Colleges. (e) The purposes of this article include assisting in meeting the capital outlay financing needs of California’s public higher education system. (Amended by Stats. 2022, Ch. 478, Sec. 33. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 1. Program Provision [100450 - 100460] SECTION 100455. Source version: id_3c828ccb-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=1. (a) Two billion five hundred million dollars ($2,500,000,000) of the proceeds of bonds issued and sold pursuant to this part shall be deposited in the 1998 Higher Education Capital Outlay Bond Fund which is hereby established in the State Treasury. These funds shall be available for expenditure when appropriated. (b) One billion two hundred fifty million dollars ($1,250,000,000) of the bonds described in subdivision (a), shall only be issued and sold pursuant to this chapter on or after July 1, 2000. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 1. Program Provision [100450 - 100460] SECTION 100457. Source version: id_3cc8214d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=1. (a) Of the amount of bonds issued and sold pursuant to subdivision (b) of Section 100455, one hundred sixty-five million dollars ($165,000,000) shall be allocated in the 2000–01 fiscal year to be available only for the following purposes: (1) The development of new campuses of the University of California. (2) The development of new campuses, small campuses with enrollments of less than 5,000 full-time equivalent students, and off-campus centers at the California State University and the California Community Colleges. (b) The amount of the allocation of funds required pursuant to this section for the development of new campuses may be reduced by a future legislative act if the Legislature finds that state funds have been provided from sources other than the proceeds of bonds for capital outlay costs. The reduction shall be limited to the amount actually provided from sources other than bond proceeds. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 1. Program Provision [100450 - 100460] SECTION 100460. Source version: id_0f7e8a6c-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=1. The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, the California State University, and the California Community Colleges. (Amended by Stats. 2022, Ch. 478, Sec. 34. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100500. Source version: id_3da2c9e3-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. (a) Bonds in the total amount of two billion five hundred million dollars ($2,500,000,000), not including the amount of any refunding bonds issued in accordance with Section 100555, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100510. Source version: id_128513ae-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 1998 Higher Education Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the University of California, the college named in Section 92200, the California State University, and the California Community Colleges, for the construction on existing or new campuses, and their respective off-campus centers, including the construction of buildings and the acquisition of related fixtures, renovation, and reconstruction of facilities, for the acquisition of sites upon which these facilities are to be constructed, for the equipping of new, renovated, or reconstructed facilities, which equipment shall have a useful life of at least 10 years, to provide funds for payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings. (Amended by Stats. 2022, Ch. 478, Sec. 35. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100520. Source version: id_3e34a9a7-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100525. Source version: id_3e7cd639-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100530. Source version: id_3ec6b07b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100545, appropriated without regard to fiscal years. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100535. Source version: id_3f108abd-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. The board, as defined in subdivision (b) of Section 100510, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 100510, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100540. Source version: id_3f5a16df-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100545. Source version: id_40230c31-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 1998 Higher Education Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the University of California, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan. Requests forwarded by a university or college shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, by the 2002–03 fiscal year, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. Requests forwarded by the California Community Colleges shall be accompanied by a five-year capital outlay plan reflecting the needs and priorities of the community college system, prioritized on a statewide basis. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100550. Source version: id_406badf3-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. All money deposited in the 1998 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100555. Source version: id_40b38c65-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68. PUBLIC EDUCATION BONDS [100400 - 100560] CHAPTER 3. Higher Education Facilities [100450 - 100560] ARTICLE 2. Higher Education Fiscal Provisions [100500 - 100560] SECTION 100560. Source version: id_40fe5107-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.&chapter=3.&article=2. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 1. General [100600 - 100603] SECTION 100600. Source version: id_422089ef-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=1.&article= This part shall be known and may be cited as the Kindergarten–University Public Education Facilities Bond Act of 2002. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 1. General [100600 - 100603] SECTION 100601. Source version: id_426979d1-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=1.&article= The incorporation of, or reference to, any provision of California statutory law in this part includes all acts amendatory thereof and supplementary thereto. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 1. General [100600 - 100603] SECTION 100603. Source version: id_a7829810-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=1.&article= (a) Bonds in the total amount of thirteen billion fifty million dollars ($13,050,000,000), not including the amount of any refunding bonds issued in accordance with Sections 100644 and 100755, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established by Section 15909 or the Higher Education Facilities Finance Committee established pursuant to Section 67353, as the case may be, at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2006, Ch. 538, Sec. 148. Effective January 1, 2007. Note: This section was added by Stats. 2002, Ch. 33, and approved in Prop. 47 on Nov. 5, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] SECTION 100610. Source version: id_433ea427-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=1. The proceeds of bonds issued and sold pursuant to Article 2 (commencing with Section 100625) shall be deposited in the 2002 State School Facilities Fund, which is established in Section 17070.40, and shall be allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] SECTION 100615. Source version: id_4387bb19-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=1. All moneys deposited in the 2002 State Facilities Fund for the purposes of this chapter shall be available and, notwithstanding any other provision of law to the contrary, are hereby appropriated to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set forth in Section 100620, to provide funds to repay any money advanced or loaned to the 2002 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100610 - 100620] SECTION 100620. Source version: id_43d7afdb-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=1. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this chapter, shall be allocated in accordance with the following schedule: (1) The amount of three billion four hundred fifty million dollars ($3,450,000,000) for new construction of school facilities of applicant school districts under Chapter 12.5 (commencing with Section 17070.10) of Part 10 for those school districts that file an application with the Office of Public School Construction after February 1, 2002, including, but not limited to, hardship applications. (A) Of the amount allocated pursuant to this paragraph, up to one hundred million dollars ($100,000,000) shall be available for providing school facilities to charter schools pursuant to a statute enacted after the effective date of the act enacting this section. (B) If the Housing and Emergency Shelter Trust Fund Act of 2002 is submitted to the voters at the November 5, 2002, general election and fails passage by the voters, of the amount allocated pursuant to this paragraph, twenty-five million dollars ($25,000,000) shall be available for the purposes of Sections 51451.5, 51453, and 51455 of the Health and Safety Code. (2) The amount of one billion four hundred million dollars ($1,400,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for those school districts that file an application with the Office of Public School Construction after February 1, 2002, including, but not limited to, hardship applications. (3) The amount of two billion nine hundred million dollars ($2,900,000,000) for new construction of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for those school districts that have filed an application with the Office of Public School Construction on or before February 1, 2002, including, but not limited to, hardship applications. If the amount made available for purposes of this paragraph is not needed and expended for the purposes of this paragraph, the State Allocation Board may allocate the remainder of these funds for purposes of paragraph (1). (4) The amount of one billion nine hundred million dollars ($1,900,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, for those school districts that have filed an application with the Office of Public School Construction on or before February 1, 2002, including, but not limited to, hardship applications. If the amount made available for purposes of this paragraph is not needed and expended for the purposes of this paragraph, the State Allocation Board may allocate these funds for purposes of paragraph (2). (5) The amount of one billion seven hundred million dollars ($1,700,000,000) for deposit into the 2002 Critically Overcrowded School Facilities Account established within the 2002 State School Facilities Fund pursuant to subdivision (e) of Section 17078.10, for the purposes set forth in Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part 10 relating to critically overcrowded schools, including, but not limited to, hardship applications, and any other new construction or modernization projects as authorized pursuant to Section 17078.30. (6) The amount of fifty million dollars ($50,000,000) for the purposes set forth in Article 10.6 (commencing with Section 17077.40) of Chapter 12.5 of Part 10 relating to joint-use projects, including, but not limited to, hardship applications. (b) School districts may use funds allocated pursuant to paragraphs (2) and (4) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10. (c) Funds allocated pursuant to paragraphs (1) and (3) of subdivision (a) may, also, be utilized to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) (1) The Legislature may amend this section to adjust the funding amounts specified in paragraphs (1) to (6), inclusive, of subdivision (a), only by either of the following methods: (A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter. (B) By a statute that becomes effective only when approved by the voters. (2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (6), inclusive, of subdivision (a), but may not increase or decrease the total amount to be expended pursuant to that subdivision. (e) From the total amounts set forth in paragraphs (1) to (6), inclusive, of subdivision (a), a total of no more than twenty million dollars ($20,000,000) shall be used for the costs of energy conservation adjustments authorized pursuant to Section 17077.35. (f) Funds available pursuant to this section may be used for acquisition of school facilities authorized pursuant to Section 17280.5. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100625. Source version: id_44eb90df-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 100600), bonds in the total amount of eleven billion four hundred million dollars ($11,400,000,000) not including the amount of any refunding bonds issued in accordance with Section 100644, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100627. Source version: id_45312561-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent of Public Instruction, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100630. Source version: id_457d4993-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2002 State School Facilities Fund. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100632. Source version: id_45c7c015-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100615 and 100620, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100634. Source version: id_4610fe17-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100635. Source version: id_4656e0b9-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100640, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100636. Source version: id_46a0e20b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100638. Source version: id_46eb317d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100640. Source version: id_4732e8df-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2002 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100642. Source version: id_477b1571-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. All money deposited in the 2002 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100644. Source version: id_47c27eb3-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 2. Kindergarten Through 12th Grade [100610 - 100646] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100625 - 100646] SECTION 100646. Source version: id_48068c95-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=2.&article=2. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 1. General [100650- 100650.] SECTION 100650. Source version: id_159b7b70-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=1. (a) The system of public higher education in this state includes the University of California, the college named in Section 92200, the California State University, the California Community Colleges, and their respective off-campus centers. (b) The 2002 Higher Education Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (c) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, the California State University, and the California Community Colleges. (Amended by Stats. 2022, Ch. 478, Sec. 36. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [100652- 100652.] SECTION 100652. Source version: id_18a38b52-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=2. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100700), the sum of four hundred eight million two hundred sixteen thousand dollars ($408,216,000) shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the University of California and the college named in Section 92200. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the University of California and the college named in Section 92200. (Amended by Stats. 2022, Ch. 478, Sec. 37. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 3. Program Provisions Applicable to the California State University [100653- 100653.] SECTION 100653. Source version: id_4a701293-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=3. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100700), the sum of four hundred ninety-five million nine hundred thirty-two thousand dollars ($495,932,000) shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California State University. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California State University. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 4. Program Provisions Applicable to the California Community Colleges [100654- 100654.] SECTION 100654. Source version: id_4b043c47-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=4. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100700), the sum of seven hundred forty-five million eight hundred fifty-three thousand dollars ($745,853,000) shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California Community Colleges. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California Community Colleges. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100700. Source version: id_1a2d8793-f54a-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 100600), bonds in the total amount of one billion six hundred fifty million dollars ($1,650,000,000), not including the amount of any refunding bonds issued in accordance with Section 100755, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2009, Ch. 386, Sec. 21. (AB 1182) Effective January 1, 2010. Note: This section was added by Stats. 2002, Ch. 33, and approved in Prop. 47 on Nov. 5, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100710. Source version: id_1bacd3b4-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2002 Higher Education Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the University of California, the college named in Section 92200, the California State University, and the California Community Colleges, for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Amended by Stats. 2022, Ch. 478, Sec. 38. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100720. Source version: id_4c29a97f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100725. Source version: id_4c6db761-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100730. Source version: id_4cb76a93-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100745, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100735. Source version: id_4cfbc695-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. The board, as defined in subdivision (b) of Section 100710, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 100710, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100740. Source version: id_4dbe7a57-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100745. Source version: id_1eb2c0b6-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2002 Higher Education Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the University of California, the college named in Section 92200, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan. Requests forwarded by a university or college shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. Requests forwarded by the California Community Colleges shall be accompanied by a five-year capital outlay plan reflecting the needs and priorities of the community college system, prioritized on a statewide basis. (Amended by Stats. 2022, Ch. 478, Sec. 39. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100750. Source version: id_4e4e5e4b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. All money deposited in the 2002 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100755. Source version: id_4e97c35d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.1. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2002 [100600 - 100760] CHAPTER 3. Higher Education Facilities [100650 - 100760] ARTICLE 5. Higher Education Fiscal Provisions [100700 - 100760] SECTION 100760. Source version: id_4ee1768f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.1.&chapter=3.&article=5. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 33, Sec. 30. Approved in Proposition 47 at the November 5, 2002, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 1. General [100800 - 100803] SECTION 100800. Source version: id_4ff9eb77-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=1.&article= This part shall be known and may be cited as the Kindergarten-University Public Education Facilities Bond Act of 2004. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 1. General [100800 - 100803] SECTION 100801. Source version: id_503fa709-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=1.&article= The incorporation of, or reference to, any provision of California statutory law in this part includes all acts amendatory thereof and supplementary thereto. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 1. General [100800 - 100803] SECTION 100803. Source version: id_50890c1b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=1.&article= (a) Bonds in the total amount of twelve billion three hundred million dollars ($12,300,000,000), not including the amount of any refunding bonds issued in accordance with Sections 100844 and 100955, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established by Section 15909 or the Higher Education Facilities Finance Committee established pursuant to Section 67353, as the case may be, at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] SECTION 100810. Source version: id_51647801-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=1. The proceeds of bonds issued and sold pursuant to Article 2 (commencing with Section 100825) shall be deposited in the 2004 State School Facilities Fund, which is established in Section 17070.40, and shall be allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] SECTION 100815. Source version: id_51a52a83-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=1. All moneys deposited in the 2004 State Facilities Fund for the purposes of this chapter shall be available and, notwithstanding any other provision of law to the contrary, are hereby appropriated to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set forth in Section 100820, to provide funds to repay any money advanced or loaned to the 2004 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [100810 - 100820] SECTION 100820. Source version: id_5348c865-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=1. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this chapter, shall be allocated in accordance with the following schedule: (1) The amount of five billion two hundred sixty million dollars ($5,260,000,000) for project funding for new construction of school facilities of applicant school districts under Chapter 12.5 (commencing with Section 17070.10) of Part 10, including, but not limited to, hardship applications. (A) Of the amount allocated pursuant to this paragraph, up to three hundred million dollars ($300,000,000) shall be available for providing school facilities to charter schools pursuant to a statute enacted after the effective date of the act enacting this section. (B) If the Housing and Emergency Shelter Trust Fund Act of 2002 is submitted to the voters at the November 5, 2002, general election and fails passage by the voters, of the amount allocated pursuant to this paragraph, twenty-five million dollars ($25,000,000) shall be available for the purposes of Sections 51451.5, 51453, and 51455 of the Health and Safety Code. (2) The amount of two billion two hundred fifty million dollars ($2,250,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, including, but not limited to, hardship applications. (3) The amount of two billion four hundred forty million dollars ($2,440,000,000) for deposit into the 2004 Critically Overcrowded School Facilities Account established within the 2004 State School Facilities Fund pursuant to subdivision (e) of Section 17078.10 for the purposes set forth in Article 11 (commencing with Section 17078.10) of Chapter 12.5 of Part 10 relating to critically overcrowded schools, including, but not limited to, hardship applications, and any other new construction or modernization projects as authorized pursuant to Section 17078.30. (4) The amount of fifty million dollars ($50,000,000) for the purposes set forth in Article 10.6 (commencing with Section 17077.40) of Chapter 12.5 of Part 10 relating to joint-use projects, including, but not limited to, hardship applications. (b) School districts may use funds allocated pursuant to paragraph (2) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10. (c) Funds allocated pursuant to paragraph (1) of subdivision (a) may, also, be utilized to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) (1) The Legislature may amend this section to adjust the funding amounts specified in paragraphs (1) to (4), inclusive, of subdivision (a), only by either of the following methods: (A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter. (B) By a statute that becomes effective only when approved by the voters. (2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (4), inclusive, of subdivision (a), but may not increase or decrease the total amount to be expended pursuant to that subdivision. (e) From the total amounts set forth in paragraphs (1) to (4), inclusive, of subdivision (a), a total of no more than twenty million dollars ($20,000,000) shall be used for the costs of energy conservation adjustments authorized pursuant to Section 17077.35. (f) Funds available pursuant to this section may be used for acquisition of school facilities authorized pursuant to Section 17280.5. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100825. Source version: id_53dccb09-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 100800), bonds in the total amount of ten billion dollars ($10,000,000,000), not including the amount of any refunding bonds issued in accordance with Section 100844, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100827. Source version: id_5424d08b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent of Public Instruction, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100830. Source version: id_546ada3d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2004 State School Facilities Fund. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100832. Source version: id_54b1320f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. Upon request of the State Allocation Board from time to time, supported by a statement of the apportionments made and to be made for the purposes described in Sections 100815 and 100820, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100834. Source version: id_54f58e11-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100835. Source version: id_553c8223-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100840, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100836. Source version: id_558487a5-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100838. Source version: id_55ccdb47-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100840. Source version: id_56146b99-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2004 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100842. Source version: id_565badcb-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. All money deposited in the 2004 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100844. Source version: id_56a512dd-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 2. Kindergarten Through 12th Grade [100810 - 100846] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [100825 - 100846] SECTION 100846. Source version: id_56ef142f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=2.&article=2. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 1. General [100850- 100850.] SECTION 100850. Source version: id_21bad098-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=1. (a) The system of public higher education in this state includes the University of California, the college named in Section 92200, the California State University, the California Community Colleges, and their respective off-campus centers. (b) The 2004 Higher Education Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (c) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, the California State University, and the California Community Colleges. (Amended by Stats. 2022, Ch. 478, Sec. 40. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [100852- 100852.] SECTION 100852. Source version: id_24bd141a-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=2. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100900), the sum of six hundred ninety million dollars ($690,000,000) shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the University of California and the college named in Section 92200. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the University of California and the college named in Section 92200. (Amended by Stats. 2022, Ch. 478, Sec. 41. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 3. Program Provisions Applicable to the California State University [100853- 100853.] SECTION 100853. Source version: id_593ad8fd-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=3. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100900), the sum of six hundred ninety million dollars ($690,000,000) shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California State University. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California State University. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 4. Program Provisions Applicable to the California Community Colleges [100854- 100854.] SECTION 100854. Source version: id_59cae401-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=4. (a) From the proceeds of bonds issued and sold pursuant to Article 5 (commencing with Section 100900), the sum of nine hundred twenty million dollars ($920,000,000) shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California Community Colleges. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California Community Colleges. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100900. Source version: id_1e3b47a5-f54a-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 100800), bonds in the total amount of two billion three hundred million dollars ($2,300,000,000), not including the amount of any refunding bonds issued in accordance with Section 100955, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2009, Ch. 386, Sec. 22. (AB 1182) Effective January 1, 2010. Note: This section was added by Stats. 2002, Ch. 33, and approved in Prop. 55 on March 2, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100910. Source version: id_27ca7b2c-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2004 Higher Education Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the University of California, the college named in Section 92200, the California State University, and the California Community Colleges, for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Amended by Stats. 2022, Ch. 478, Sec. 42. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100920. Source version: id_5aef8de9-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100925. Source version: id_5b38f2fb-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100930. Source version: id_5bed00bd-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 100945, appropriated without regard to fiscal years. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100935. Source version: id_5c3469ff-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. The board, as defined in subdivision (b) of Section 100910, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 100910, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100940. Source version: id_5c7e4441-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100945. Source version: id_2ad0682e-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2004 Higher Education Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the University of California, the college named in Section 92200, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan. Requests forwarded by a university or college shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. Requests forwarded by the California Community Colleges shall be accompanied by a five-year capital outlay plan reflecting the needs and priorities of the community college system, prioritized on a statewide basis. (Amended by Stats. 2022, Ch. 478, Sec. 43. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100950. Source version: id_5d10e755-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. All money deposited in the 2004 Higher Education Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100955. Source version: id_5d593af7-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 68.2. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2004 [100800 - 100960] CHAPTER 3. Higher Education Facilities [100850 - 100960] ARTICLE 5. Higher Education Fiscal Provisions [100900 - 100960] SECTION 100960. Source version: id_5da05619-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=68.2.&chapter=3.&article=5. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2002, Ch. 33, Sec. 31. Approved in Proposition 55 at the March 2, 2004, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 1. General [101000 - 101002] SECTION 101000. Source version: id_8c7bfb5b-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=1.&article= This part shall be known and may be cited as the Kindergarten-University Public Education Facilities Bond Act of 2006. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 1. General [101000 - 101002] SECTION 101001. Source version: id_8cc49d1d-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=1.&article= The incorporation of, or reference to, any provision of California statutory law in this part includes all acts amendatory thereof and supplementary thereto. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 1. General [101000 - 101002] SECTION 101002. Source version: id_8d0b1bff-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=1.&article= (a) Bonds in the total amount of ten billion four hundred sixteen million dollars ($10,416,000,000), not including the amount of any refunding bonds issued in accordance with Sections 101030, 101039, and 101059, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this part and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established by Section 15909 or the Higher Education Facilities Finance Committee established pursuant to Section 67353, as the case may be, at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] SECTION 101010. Source version: id_8e530555-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=1. The proceeds of bonds issued and sold pursuant to Article 2 (commencing with Section 101020) shall be deposited in the 2006 State School Facilities Fund established in the State Treasury under subdivision (d) of Section 17070.40 and shall be allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] SECTION 101011. Source version: id_8e97d687-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=1. All moneys deposited in the 2006 State School Facilities Fund for the purposes of this chapter shall be available to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set forth in Section 101012, to provide funds to repay any money advanced or loaned to the 2006 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101010 - 101012] SECTION 101012. Source version: id_c8d98c72-fe61-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=1. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this chapter, shall be allocated in accordance with the following schedule: (1) The amount of one billion nine hundred million dollars ($1,900,000,000) for new construction of school facilities of applicant school districts under Chapter 12.5 (commencing with Section 17070.10) of Part 10. Of the amount allocated under this paragraph, up to 10.5 percent shall be available for purposes of seismic repair, reconstruction, or replacement, pursuant to Section 17075.10. (2) The amount of five hundred million dollars ($500,000,000) shall be available for providing school facilities to charter schools pursuant to Article 12 (commencing with Section 17078.52) of Chapter 12.5 of Part 10. (3) The amount of three billion three hundred million dollars ($3,300,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10. (4) (A) The amount of five hundred million dollars ($500,000,000) for the purposes set forth in Article 13 (commencing with Section 17078.70) of Chapter 12.5 of Part 10, relating to facilities for career technical education programs. (B) Of the amount not yet approved for allocation by the State Allocation Board pursuant to this paragraph by January 1, 2015, 50 percent shall be available for the purpose of paragraph (1), and 50 percent shall be available for purposes of paragraph (3). If an apportionment or State Allocation Board approval pursuant to this paragraph is rescinded after January 1, 2015, the rescinded amount shall be available for the purposes of paragraphs (1) and (3). The State Allocation Board shall determine the percentage of the rescinded amount to be used for purposes of paragraph (1) and the percentage of the rescinded amount to be used for purposes of paragraph (3). (5) Of the amounts allocated under paragraphs (1) and (3), up to two hundred million dollars ($200,000,000) for the purposes set forth in Chapter 894 of the Statutes of 2004, relating to incentives for the creation of smaller learning communities and small high schools. (6) The amount of twenty-nine million dollars ($29,000,000) for the purposes set forth in Article 10.6 (commencing with Section 17077.40) of Chapter 12.5 of Part 10 of Division 1 of Title 1, relating to joint use projects. (7) The amount of one billion dollars ($1,000,000,000) shall be available for providing new construction funding to severely overcrowded schoolsites pursuant to Article 14 (commencing with Section 17079) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (8) (A) The amount of one hundred million dollars ($100,000,000) for incentive grants to promote the use of designs and materials in new construction and modernization projects that include the attributes of high-performance schools, including, but not limited to, the elements set forth in Section 17070.96, pursuant to regulations adopted by the State Allocation Board. (B) Of the amount not yet approved for allocation by the State Allocation Board pursuant to this paragraph by January 1, 2015, 50 percent shall be available for purposes of paragraph (1), and 50 percent shall be available for purposes of paragraph (3). If an apportionment or State Allocation Board approval pursuant to this paragraph is rescinded on or after January 1, 2015, the rescinded amount shall be available for purposes of paragraphs (1) and (3). The State Allocation Board shall determine the percentage of the rescinded amount to be used for purposes of paragraph (1) and the percentage of the rescinded amount to be used for purposes of paragraph (3). (b) School districts may use funds allocated pursuant to paragraph (3) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high-priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (c) Funds allocated pursuant to paragraph (1) of subdivision (a) may also be used to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) (1) The Legislature may amend this section to adjust the funding amounts specified in paragraphs (1) to (8), inclusive, of subdivision (a), only by either of the following methods: (A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter. (B) By a statute that becomes effective only when approved by the voters. (2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (8), inclusive, of subdivision (a), but may not increase or decrease the total amount to be expended pursuant to that subdivision. (e) Funds available pursuant to this section may be used for acquisition of school facilities authorized pursuant to Section 17280.5. (Amended by Stats. 2014, Ch. 39, Sec. 4. (SB 869) Effective June 20, 2014. Note: This section was added by Stats. 2006, Ch. 35, and approved in Prop. 1D on Nov. 7, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101020. Source version: id_8f73908d-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101000), bonds in the amount of seven billion three hundred twenty-nine million dollars ($7,329,000,000) not including the amount of any refunding bonds issued in accordance with Section 101030, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101021. Source version: id_8fc09f1f-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101022. Source version: id_9009b611-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code to the extent that it conflicts with this part, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2006 State School Facilities Fund. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101023. Source version: id_905230c3-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. (a) Upon request of the State Allocation Board, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (b) A request of the State Allocation Board pursuant to subdivision (a) shall be supported by a statement of the apportionments made and to be made for the purposes described in Sections 101011 and 101012. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101024. Source version: id_909b95d5-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101025. Source version: id_90e4acc7-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101028, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101026. Source version: id_912c3d19-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101027. Source version: id_9174b7cb-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101028. Source version: id_91bd327d-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2006 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101029. Source version: id_9204268f-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. All money deposited in the 2006 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101030. Source version: id_92c49061-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 2. Kindergarten Through 12th Grade [101010 - 101031] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101020 - 101031] SECTION 101031. Source version: id_930da753-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=2.&article=2. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 1. General [101032- 101032.] SECTION 101032. Source version: id_93e3bc09-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=1. (a) The 2006 California Community College Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (b) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the California Community Colleges. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 2. California Community College Program Provisions [101033- 101033.] SECTION 101033. Source version: id_9472dcad-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=2. (a) From the proceeds of bonds issued and sold pursuant to Article 3 (commencing with Section 101034), the sum of one billion five hundred seven million dollars ($1,507,000,000) shall be deposited in the 2006 California Community College Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California Community Colleges. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California Community Colleges. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101034. Source version: id_95061c01-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101000), bonds in the total amount of one billion five hundred seven million dollars ($1,507,000,000), not including the amount of any refunding bonds issued in accordance with Section 101039, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) It is the intent of the Legislature that the California Community Colleges annually consider, as part of their annual capital outlay planning process, the inclusion of facilities that may be used by more than one segment of public higher education (intersegmental), and, that on or before May 15th of each year, those entities report their findings to the budget committees of each house of the Legislature. (c) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101034.5. Source version: id_954e4893-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code to the extent that it conflicts with this part, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2006 Community College Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the California Community Colleges for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101035. Source version: id_959870f5-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101035.5. Source version: id_95e07677-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101036. Source version: id_962a29a9-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101037.5, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101036.5. Source version: id_9670a88b-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. The board, as defined in subdivision (b) of Section 101034.5, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 101034.5, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101037. Source version: id_9730761d-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101037.5. Source version: id_977b61cf-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2006 California Community College Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the California Community Colleges shall be accompanied by the five-year capital outlay plan that reflects the needs and priorities of the community college system and is prioritized on a statewide basis. Requests shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular college, seismic hazards in buildings identified as high priority by the college. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101038. Source version: id_97c6c2b1-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. All money deposited in the 2006 California Community College Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101039. Source version: id_980c5733-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 3. California Community College Facilities [101032 - 101039.5] ARTICLE 3. California Community College Fiscal Provisions [101034 - 101039.5] SECTION 101039.5. Source version: id_98514f75-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=3.&article=3. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 1. General [101040- 101040.] SECTION 101040. Source version: id_2dd93b60-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=1. (a) The system of public universities in this state includes the University of California, the college named in Section 92200, and the California State University, and their respective off-campus centers. (b) The 2006 University Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (c) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the University of California, the college named in Section 92200, and the California State University. (Amended by Stats. 2022, Ch. 478, Sec. 44. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 2. Program Provisions Applicable to the University of California and the Hastings College of the Law [101041- 101041.] SECTION 101041. Source version: id_30dc6942-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=2. (a) From the proceeds of bonds issued and sold pursuant to Article 4 (commencing with Section 101050), the sum of eight hundred ninety million dollars ($890,000,000) shall be deposited in the 2006 University Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the University of California and the college named in Section 92200. (c) Of the amount made available under subdivision (a), the amount of two hundred million dollars ($200,000,000) shall be used for capital improvements that expand and enhance medical education programs with an emphasis on telehealth aimed at developing high-tech approaches to health care. (d) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the University of California and the college named in Section 92200. (Amended by Stats. 2022, Ch. 478, Sec. 45. (AB 1936) Effective January 1, 2023. Note: This section was added by Stats. 2006, Ch. 35, and approved in Prop. 1D on Nov. 7, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 3. Program Provisions Applicable to the California State University [101042- 101042.] SECTION 101042. Source version: id_9a43d0b3-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=3. (a) From the proceeds of bonds issued and sold pursuant to Article 4 (commencing with Section 101050), the sum of six hundred ninety million dollars ($690,000,000) shall be deposited in the 2006 University Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California State University. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California State University. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101050. Source version: id_2242ed37-f54a-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101000), bonds in the amount of one billion five hundred eighty million dollars ($1,580,000,000), not including the amount of any refunding bonds issued in accordance with Section 101059, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Amended by Stats. 2009, Ch. 386, Sec. 24. (AB 1182) Effective January 1, 2010. Note: This section was added by Stats. 2006, Ch. 35, and approved in Prop. 1D on Nov. 7, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101051. Source version: id_33fb8394-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, except Section 16727 of the Government Code to the extent that it conflicts with this part, apply to the bonds and to this chapter and are hereby incorporated into this chapter as though set forth in full within this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2006 University Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the University of California, the college named in Section 92200, and the California State University, for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Amended by Stats. 2022, Ch. 478, Sec. 46. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101052. Source version: id_9bd9da0b-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101053. Source version: id_9c227bcd-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101054. Source version: id_9c67740f-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101057, appropriated without regard to fiscal years. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101055. Source version: id_9ca98521-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. The board, as defined in subdivision (b) of Section 101051, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 101051, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101056. Source version: id_9cf470d3-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101057. Source version: id_3700ad46-70eb-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2006 University Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the University of California, the college named in Section 92200, or the California State University shall be accompanied by the five-year capital outlay plan. Requests forwarded by a university or college shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. (Amended by Stats. 2022, Ch. 478, Sec. 47. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101058. Source version: id_9d878917-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. All money deposited in the 2006 University Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101059. Source version: id_9dd1d889-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 69. KINDERGARTEN–UNIVERSITY PUBLIC EDUCATION FACILITIES BOND ACT OF 2006 [101000 - 101060] CHAPTER 4. University Facilities [101040 - 101060] ARTICLE 4. University Fiscal Provisions [101050 - 101060] SECTION 101060. Source version: id_9e1bd9db-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=69.&chapter=4.&article=4. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2006, Ch. 35, Sec. 16. Approved in Proposition 1D at the November 7, 2006, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 1. General [101110 - 101112] SECTION 101110. Source version: id_8ae01920-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=1.&article= This part shall be known, and may be cited, as the Kindergarten Through Community College Public Education Facilities Bond Act of 2016. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 1. General [101110 - 101112] SECTION 101112. Source version: id_8ae01922-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=1.&article= Bonds in the total amount of nine billion dollars ($9,000,000,000), not including the amount of any refunding bonds issued in accordance with Sections 101140 and 101149, or so much thereof as is necessary, may be issued and sold for the purposes set forth in Sections 101130 and 101144. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] SECTION 101120. Source version: id_146EF849-63A0-44FE-85E8-24CA020E01BF Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=1. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 2016 State School Facilities Fund established in the State Treasury under Section 17070.41 and shall be allocated by the State Allocation Board pursuant to this chapter. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] SECTION 101121. Source version: id_7A2AB74A-C664-4D17-8A83-C847C5A7D0F1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=1. All moneys deposited in the 2016 State School Facilities Fund for the purposes of this chapter shall be available to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), as it read on January 1, 2015, as set forth in Section 101122, to provide funds to repay any money advanced or loaned to the 2016 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 1. Kindergarten Through 12th Grade School Facilities Program Provisions [101120 - 101122] SECTION 101122. Source version: id_4EB3A578-FA6D-45C0-9FDF-9C14102FA47A Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=1. (a) The proceeds from the sale of bonds, issued and sold for the purposes of this chapter, shall be allocated in accordance with the following schedule: (1) The amount of three billion dollars ($3,000,000,000) for new construction of school facilities of applicant school districts pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (2) The amount of five hundred million dollars ($500,000,000) shall be available for providing school facilities to charter schools pursuant to Article 12 (commencing with Section 17078.52) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (3) The amount of three billion dollars ($3,000,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (4) The amount of five hundred million dollars ($500,000,000) for facilities for career technical education programs pursuant to Article 13 (commencing with Section 17078.70) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (b) School districts may use funds allocated pursuant to paragraph (3) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high-priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (c) Funds allocated pursuant to paragraph (1) of subdivision (a) may also be utilized to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code, as those provisions read on January 1, 2015, shall be in effect until the full amount of bonds authorized for new school facility construction pursuant to paragraph (1) of subdivision (a) have been expended, or December 31, 2020, whichever is sooner. Thereafter, Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code may be amended pursuant to law. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101130. Source version: id_8ae0b570-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101110), bonds in the amount of seven billion dollars ($7,000,000,000) not including the amount of any refunding bonds issued in accordance with Section 101140, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any different times necessary to service expenditures required by the apportionments. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101131. Source version: id_8ae0dc82-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General of the state is the legal adviser of the committee. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101132. Source version: id_8ae0dc84-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all acts amendatory thereof and supplementary thereto, are hereby incorporated into this chapter as though set forth in full within this chapter, except subdivisions (a) and (b) of Section 16727 of the Government Code shall not apply to the bonds authorized by this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2016 State School Facilities Fund. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101133. Source version: id_8ae10396-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. (a) Upon request of the State Allocation Board, the State School Building Finance Committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the related apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (b) A request of the State Allocation Board pursuant to subdivision (a) shall be supported by a statement of the apportionments made and to be made for the purposes described in Sections 101121 and 101122. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101134. Source version: id_8ae10398-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101135. Source version: id_8ae12aaa-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101138, appropriated without regard to fiscal years. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101136. Source version: id_8ae12aac-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds (exclusive of refunding bonds) that the committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The State Allocation Board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the State Allocation Board in accordance with this chapter. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101137. Source version: id_8ae151be-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101138. Source version: id_8ae151c0-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds (exclusive of refunding bonds) that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2016 State School Facilities Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101139. Source version: id_8ae178d2-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. All money deposited in the 2016 State School Facilities Fund, that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay the cost of the bond issuance prior to any transfer to the General Fund. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101140. Source version: id_8ae178d4-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. The bonds issued and sold pursuant to this chapter may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing such refunded bond. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 2. Kindergarten Through 12th Grade [101120 - 101141] ARTICLE 2. Kindergarten Through 12th Grade School Facilities Fiscal Provisions [101130 - 101141] SECTION 101141. Source version: id_8ae178d6-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=2.&article=2. The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 1. General [101142- 101142.] SECTION 101142. Source version: id_8ae1c6fc-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=1. (a) The 2016 California Community College Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds issued and sold for the purposes of this chapter. (b) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of providing funds to aid the California Community Colleges. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 2. California Community College Program Provisions [101143- 101143.] SECTION 101143. Source version: id_8ae1ee10-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=2. (a) From the proceeds of bonds issued and sold pursuant to Article 3 (commencing with Section 101144), the sum of two billion dollars ($2,000,000,000) shall be deposited in the 2016 California Community College Capital Outlay Bond Fund for the purposes of this article. When appropriated, these funds shall be available for expenditure for the purposes of this article. (b) The purposes of this article include assisting in meeting the capital outlay financing needs of the California Community Colleges. (c) Proceeds from the sale of bonds issued and sold for the purposes of this article may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures, construction of facilities that may be used by more than one segment of public higher education (intersegmental), the renovation and reconstruction of facilities, site acquisition, the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years, and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California Community Colleges. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101144. Source version: id_8ae21524-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101110), bonds in the total amount of two billion dollars ($2,000,000,000), not including the amount of any refunding bonds issued in accordance with Section 101149, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101144.5. Source version: id_8ae23c36-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all acts amendatory thereof and supplementary thereto, are hereby incorporated into this chapter as though set forth in full within this chapter, except subdivisions (a) and (b) of Section 16727 of the Government Code shall not apply to the bonds authorized by this chapter. (b) For the purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2016 Community College Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the California Community Colleges for the construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101145. Source version: id_8ae23c38-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the related apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101145.5. Source version: id_8ae2634a-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101146. Source version: id_8ae2634c-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101147.5, appropriated without regard to fiscal years. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101146.5. Source version: id_8ae28a5e-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. The board, as defined in subdivision (b) of Section 101144.5, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds (exclusive of refunding bonds) that the Higher Education Facilities Finance Committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter. The board, as defined in subdivision (b) of Section 101144.5, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this chapter. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101147. Source version: id_8ae28a60-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101147.5. Source version: id_8ae28a62-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. (a) For the purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds (exclusive of refunding bonds) that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2016 California Community College Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for the purpose of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the California Community Colleges shall be accompanied by the five-year capital outlay plan that reflects the needs and priorities of the community college system and is prioritized on a statewide basis. Requests shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular college, seismic hazards in buildings identified as high priority by the college. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101148. Source version: id_8ae2b174-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. All money deposited in the 2016 California Community College Capital Outlay Bond Fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except that amounts derived from premium may be reserved and used to pay the cost of the bond issuance prior to any transfer to the General Fund. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101149. Source version: id_8ae2b176-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. The bonds issued and sold pursuant to this chapter may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing such refunded bond. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 70. KINDERGARTEN THROUGH COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES BOND ACT OF 2016 [101110 - 101149.5] CHAPTER 3. California Community College Facilities [101142 - 101149.5] ARTICLE 3. California Community College Fiscal Provisions [101144 - 101149.5] SECTION 101149.5. Source version: id_8ae2d888-a785-11e6-b4a7-851e3b502437 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=70.&chapter=3.&article=3. The people hereby find and declare that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added November 8, 2016, by initiative Proposition 51, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 1. General Provisions [101400 - 101403] SECTION 101400. Source version: id_a7fa0b5e-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=1.&article= This part shall be known, and may be cited, as the Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 1. General Provisions [101400 - 101403] SECTION 101401. Source version: id_a7fa0b60-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=1.&article= The Legislature finds and declares all of the following: (a) A University of California, Berkeley report estimates that 85 percent of the classrooms in California are more than 25 years old, 30 percent of the classrooms are between 50 to 70 years old, and about 10 percent of the classrooms are 70 years old or older. (b) Research on school building conditions and student outcomes finds a consistent relationship between poor facilities and poor performance by students. School facilities that are clean, in good repair, and designed to support high academic standards are more likely to support higher student achievement, regardless of student socioeconomic status. Students who receive instruction in buildings with good environmental conditions can earn test scores that are 5 to 17 percent higher than scores for students in substandard buildings. (c) About one-third of new jobs in California will require some training beyond high school but less than a four-year degree. Career technical education, also known as vocational training, connects students to these career opportunities by providing industry-based skills. (d) The School Facility Program is almost out of funding. School districts across California have submitted a total of $3,300,000,000 in new construction and modernization projects and they are waiting to be funded. (e) There are over 1,000 charter schools in California, and those charter schools are primarily located in urban areas. Charter schools often face significant financial challenges in securing adequate facilities. Therefore, supporting charter school facilities is essential to ensuring that all students have access to high-quality learning environments. By investing in the construction and rehabilitation of charter school buildings, we can help ensure these schools can provide safe, modern, and conducive learning environments. This support is important for fostering educational innovation and providing equitable educational opportunities for all students. (f) Small and disadvantaged school districts often face significant challenges in maintaining and upgrading their facilities. These districts serve some of the most vulnerable student populations and frequently lack the resources to address critical infrastructure needs. (g) The California Community Colleges is the largest postsecondary educational system in the United States, historically serving approximately 2,100,000 students annually. The California Community Colleges have billions of dollars in need for construction of new facilities for enrollment growth and for modernization of existing facilities. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 1. General Provisions [101400 - 101403] SECTION 101402. Source version: id_a7fa0b62-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=1.&article= (a) The incorporation of, or reference to, any provision of state statutory law in this part includes all acts amendatory thereof and supplementary thereto. (b) For purposes of this part, “State General Obligation Bond Law” means the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), as it may be amended from time to time. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 1. General Provisions [101400 - 101403] SECTION 101403. Source version: id_a7fa3274-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=1.&article= Bonds in the total amount of ten billion dollars ($10,000,000,000), not including the amount of any refunding bonds issued in accordance with Sections 101430 and 101451, may be issued and sold for the purposes set forth in Sections 101420 and 101442. The bonds, when sold, issued, and delivered, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 1. Kindergarten Through Grade 12 School Facilities Program Provisions [101410 - 101412] SECTION 101410. Source version: id_a7fa327a-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=1. The proceeds of bonds issued and sold pursuant to this chapter, not including the proceeds of any refunding bonds issued in accordance with Section 101430, shall be deposited in the 2024 State School Facilities Fund established in the State Treasury under Section 17070.42, and shall be allocated by the State Allocation Board pursuant to this chapter. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 1. Kindergarten Through Grade 12 School Facilities Program Provisions [101410 - 101412] SECTION 101411. Source version: id_a7fa327c-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=1. All moneys deposited in the 2024 State School Facilities Fund for the purposes of this chapter shall be available to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), to provide funds to repay any money advanced or loaned to the 2024 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 1. Kindergarten Through Grade 12 School Facilities Program Provisions [101410 - 101412] SECTION 101412. Source version: id_a7fa598e-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=1. (a) The proceeds from the sale of bonds issued and sold for the purposes of this chapter shall be allocated in accordance with the following schedule: (1) (A) The amount of three billion three hundred million dollars ($3,300,000,000) for new construction of school facilities of applicant school districts pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. Of the amount allocated under this paragraph, up to 10 percent shall be available to small school districts pursuant to Article 11.5 (commencing with Section 17078.35) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (B) Of the amount allocated under this paragraph, up to the amount necessary to fund the applications on the Applications Received Beyond Bond Authority List shall be available to support applications for the new construction of school facilities submitted pursuant to the Leroy F. Greene School Facilities Act of 1998 on or before October 31, 2024. (2) (A) The amount of four billion dollars ($4,000,000,000) for the modernization of school facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. Of the amount allocated under this paragraph, up to 10 percent shall be available to small school districts pursuant to Article 11.5 (commencing with Section 17078.35) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (B) Of the amount allocated under this paragraph, up to the amount necessary to fund the applications on the Applications Received Beyond Bond Authority List shall be available to support applications for the modernization of school facilities submitted pursuant to the Leroy F. Greene School Facilities Act of 1998 on or before October 31, 2024. (C) Of the amount allocated under this paragraph, up to one hundred fifteen million dollars ($115,000,000) shall be available to address the remediation of lead in water pursuant to Article 10.7 (commencing with Section 17077.60) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (3) The amount of six hundred million dollars ($600,000,000) for providing school facilities to charter schools pursuant to Article 12 (commencing with Section 17078.52) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (4) The amount of six hundred million dollars ($600,000,000) for facilities for career technical education programs pursuant to Article 13 (commencing with Section 17078.70) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (b) School districts may use funds allocated pursuant to paragraph (2) of subdivision (a) only for one or more of the following purposes in accordance with Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1: (1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs. (2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety. (3) The identification, assessment, or abatement in school facilities of hazardous asbestos. (4) Project funding for high-priority roof replacement projects. (5) Any other modernization of facilities pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1. (c) Funds allocated pursuant to paragraph (1) of subdivision (a) may also be used to provide new construction grants for eligible applicant county boards of education under Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 for funding classrooms for severely handicapped pupils, or for funding classrooms for county community school pupils. (d) Of the amounts allocated under paragraphs (1) and (2) of subdivision (a), the State Allocation Board may provide a grant of five million dollars ($5,000,000) to the State Department of Education pursuant to Section 17078.46. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101420. Source version: id_a7fa5992-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101400), bonds in the amount of eight billion five hundred million dollars ($8,500,000,000), not including the amount of any refunding bonds issued in accordance with Section 101430, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the State School Building Finance Committee established pursuant to Section 15909 at any times necessary to service expenditures required by the apportionments. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101421. Source version: id_a7fa5994-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. The State School Building Finance Committee, established by Section 15909 and composed of the Governor, the Controller, the Treasurer, the Director of Finance, and the Superintendent, or their designated representatives, all of whom shall serve thereon without compensation, and a majority of whom shall constitute a quorum, is continued in existence to act as the committee, as defined in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), for purposes of this chapter. The Treasurer shall serve as chairperson of the committee. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker of the Assembly, shall meet with and provide advice to the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter, the Members of the Legislature shall constitute an interim investigating committee on the subject of this chapter and, as that committee, shall have the powers granted to, and duties imposed upon, those committees by the Joint Rules of the Senate and the Assembly. The Director of Finance shall provide assistance to the committee as it may require. The Attorney General is the legal adviser of the committee. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101422. Source version: id_a7fa80a6-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). The provisions of that law, including all acts amendatory thereof and supplementary thereto, apply to those authorized bonds and this chapter, and are hereby incorporated into this chapter as though set forth in full within this chapter, except that subdivisions (a) and (b) of Section 16727 of the Government Code shall not apply to the bonds authorized by this chapter. (b) For purposes of the State General Obligation Bond Law, the State Allocation Board is designated the “board” for purposes of administering the 2024 State School Facilities Fund. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101423. Source version: id_a7fa80a8-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. (a) Upon request of the State Allocation Board, the State School Building Finance Committee shall determine by resolution whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to fund the related apportionments and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to fund those apportionments progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (b) A request of the State Allocation Board pursuant to subdivision (a) shall be supported by a statement of the apportionments made and to be made for the purposes described in Section 101412. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101424. Source version: id_a7fa80aa-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. There shall be collected each year, in the same manner and at the same time as other state revenue is collected and in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101425. Source version: id_a7fa80ac-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that equals the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101428, appropriated without regard to fiscal years. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101426. Source version: id_a7fa80ae-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. The State Allocation Board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the State School Building Finance Committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter excluding any refunding bonds authorized pursuant to Section 101430, less any amount loaned and not yet repaid pursuant to this section and withdrawn from the General Fund pursuant to Section 101428 and not yet returned. The State Allocation Board shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the 2024 State School Facilities Fund to be allocated by the State Allocation Board in accordance with this chapter. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101427. Source version: id_a7faa7c0-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101428. Source version: id_a7faa7c2-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. For purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds, excluding any refunding bonds authorized pursuant to Section 101430, less any amount loaned and not yet repaid pursuant to Section 101426 and withdrawn from the General Fund pursuant to this section and not yet returned, that have been authorized by the State School Building Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2024 State School Facilities Fund and allocated by the State Allocation Board in accordance with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for purposes of carrying out this chapter. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101429. Source version: id_a7faa7c4-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. All moneys deposited in the 2024 State School Facilities Fund that are derived from premium and accrued interest on bonds sold pursuant to this chapter shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except those amounts derived from premium may be reserved and used to pay the cost of the bond issuance before any transfer to the General Fund. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101430. Source version: id_a7faa7c6-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. The bonds issued and sold pursuant to this chapter may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 2. Kindergarten through Grade 12 [101410 - 101431] ARTICLE 2. Kindergarten Through Grade 12 School Facilities Fiscal Provisions [101420 - 101431] SECTION 101431. Source version: id_a7faa7c8-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=2.&article=2. The proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 1. General Provisions [101440- 101440.] SECTION 101440. Source version: id_a7facede-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=1. (a) The 2024 California Community College Capital Outlay Bond Fund is hereby established in the State Treasury for deposit of funds from the proceeds of bonds, not including the proceeds of any refunding bonds issued in accordance with Section 101451, issued and sold for the purposes of this chapter. (b) The Higher Education Facilities Finance Committee established pursuant to Section 67353 is hereby continued in existence to act as the committee, as defined in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), for purposes of this chapter and to provide funds to aid the California Community Colleges. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 2. California Community College Program Provisions [101441- 101441.] SECTION 101441. Source version: id_a7facee2-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=2. (a) From the proceeds of bonds issued and sold pursuant to Article 3 (commencing with Section 101442), the sum of one billion five hundred million dollars ($1,500,000,000) shall be deposited in the 2024 California Community College Capital Outlay Bond Fund for purposes of this chapter. When appropriated, these funds shall be available for expenditure for purposes of this chapter. (b) The purposes of this chapter include assisting in meeting the capital outlay financing needs of the California Community Colleges. (c) Proceeds from the sale of bonds issued and sold for purposes of this chapter may be used to fund construction on existing campuses, including the construction of buildings and the acquisition of related fixtures; construction of intersegmental facilities; the renovation and reconstruction of facilities; site acquisition; the equipping of new, renovated, or reconstructed facilities, which equipment shall have an average useful life of 10 years; and to provide funds for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings for facilities of the California Community Colleges. (d) For purposes of this section, “intersegmental” means may be used by more than one segment of public higher education. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101442. Source version: id_a7faf5f6-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. (a) Of the total amount of bonds authorized to be issued and sold pursuant to Chapter 1 (commencing with Section 101400), bonds in the total amount of one billion five hundred million dollars ($1,500,000,000), not including the amount of any refunding bonds issued in accordance with Section 101451, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the Higher Education Facilities Finance Committee established pursuant to Section 67353 at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101443. Source version: id_a7faf5f8-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. (a) The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). The provisions of that law, including all acts amendatory thereof and supplementary thereto, apply to those authorized bonds and this chapter, and are hereby incorporated into this chapter as though set forth in full within this chapter, except that subdivisions (a) and (b) of Section 16727 of the Government Code shall not apply to the bonds authorized by this chapter. (b) For purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the 2024 Community College Capital Outlay Bond Fund is designated as the “board” for projects funded pursuant to this chapter. (c) The proceeds of the bonds issued and sold pursuant to this chapter shall be available for the purpose of funding aid to the California Community Colleges for construction on existing or new campuses, and their respective off-campus centers and joint use and intersegmental facilities, as set forth in this chapter. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101444. Source version: id_a7faf5fa-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. The Higher Education Facilities Finance Committee established pursuant to Section 67353 shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the related apportionments for the purposes described in this chapter that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine by resolution whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the purposes described in this chapter and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101445. Source version: id_a7faf5fc-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101446. Source version: id_a7faf5fe-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that equals the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out Section 101449, appropriated without regard to fiscal years. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101447. Source version: id_a7faf600-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. The board, as defined in subdivision (b) of Section 101443, may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account or any other approved form of interim financing, in accordance with Section 16312 of the Government Code, for the purpose of carrying out this chapter. The amount of the request shall not exceed the amount of the unsold bonds that the Higher Education Facilities Finance Committee, by resolution, has authorized to be sold for the purpose of carrying out this chapter excluding any refunding bonds authorized pursuant to Section 101451, less any amount loaned and not yet repaid pursuant to this section and withdrawn from the General Fund pursuant to Section 101249 and not yet returned. The board, as defined in subdivision (b) of Section 101443, shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the 2024 California Community College Capital Outlay Bond Fund to be allocated by the board in accordance with this chapter. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101448. Source version: id_a7fb1d12-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. Notwithstanding any other provision of this chapter, or of the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions or is otherwise entitled to any federal tax advantage, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101449. Source version: id_a7fb1d14-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. (a) For purposes of carrying out this chapter, the Director of Finance may authorize the withdrawal from the General Fund of an amount not to exceed the amount of the unsold bonds, excluding any refunding bonds authorized pursuant to Section 101451, less any amount loaned and not yet repaid pursuant to Section 101447 and withdrawn from the General Fund pursuant to this section and not yet returned, that have been authorized by the Higher Education Facilities Finance Committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the 2024 California Community College Capital Outlay Bond Fund consistent with this chapter. Any money made available under this section shall be returned to the General Fund, plus an amount equal to the interest that the money would have earned in the Pooled Money Investment Account, from proceeds received from the sale of bonds for purposes of carrying out this chapter. (b) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in this chapter by the California Community Colleges shall be accompanied by a five-year capital outlay plan that reflects the needs and priorities of the community college system and is prioritized on a statewide basis. Requests shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, in the judgment of the particular college, seismic hazards in buildings identified as high priority by the college. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101450. Source version: id_a7fb1d16-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. All moneys deposited in the 2024 California Community College Capital Outlay Bond Fund that are derived from premium and accrued interest on bonds sold pursuant to this chapter shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest, except those amounts derived from premium may be reserved and used to pay the cost of the bond issuance before any transfer to the General Fund. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101451. Source version: id_a7fb1d18-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. The bonds issued and sold pursuant to this chapter may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code, which is a part of the State General Obligation Bond Law. Approval by the voters of the state for the issuance of the bonds described in this chapter includes the approval of the issuance of any bonds issued to refund any bonds originally issued under this chapter or any previously issued refunding bonds. Any bond refunded with the proceeds of refunding bonds as authorized by this section may be legally defeased to the extent permitted by law in the manner and to the extent set forth in the resolution, as amended from time to time, authorizing that refunded bond. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 3. California Community College Facilities [101440 - 101452] ARTICLE 3. California Community College Fiscal Provisions [101442 - 101452] SECTION 101452. Source version: id_a7fb1d1a-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=3.&article=3. The proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, and the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 14. MISCELLANEOUS [99000 - 101460] PART 72. The Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024 [101400 - 101460] CHAPTER 4. Transparency and Accountability Provisions [101460- 101460.] SECTION 101460. Source version: id_a7fb1d1e-9c85-11ef-804d-8d8e85e5f712 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=14.&part=72.&chapter=4.&article= (a) (1) The governing board of a school district, the governing board of a community college district, a county superintendent of schools, or the governing body of a charter school shall ensure that an independent performance audit of any project funded in whole or in part from the proceeds of bonds authorized by this part is conducted to ensure that the use of the applicable funds has been reviewed for expenditure consistent with the requirements of all applicable laws. (2) A performance audit conducted for any project funded in whole or in part from the proceeds of bonds authorized by this part and required by any other law, including, but not limited to, an audit conducted pursuant to Section 41024, shall be deemed to satisfy the requirement of paragraph (1). (3) The result of any audit required by this subdivision shall be posted on the internet website of the applicable school district, community college district, county office of education, or charter school. (b) (1) (A) Before approving a project or projects seeking funds from this part, the governing board of a school district, a county board of education, or the governing body of a charter school shall hold at least one public hearing to solicit input from members of the public regarding the project or projects being proposed for submission. (B) Before approving a request for the consideration of a project or projects by the Legislature that would be funded by the proceeds of bonds authorized by this part, the governing board of a community college district shall hold at least one public hearing to solicit input from members of the public regarding the project or projects being requested for consideration. (2) The public hearing required pursuant to paragraph (1) may occur at the same public hearing in which the applicable governing board or body approves the project or projects seeking funds from this part. The public hearing may be conducted as part of a regularly scheduled and publicly noticed hearing of the applicable governing board or body. (3) (A) A school district, county office of education, charter school, or community college district shall post information regarding a project or projects seeking, or requesting, funds from this part that have been approved by the applicable governing board or body on its public internet website. (B) The project information reflected on the internet website pursuant to subparagraph (A) shall include, but not be limited to, the location of the project or projects, estimated project costs, and the estimated timeline for the completion of the project or projects. (4) (A) A school district, county office of education, charter school, or community college district shall retain all financial accounts, documents, and records necessary for the audit required pursuant to subdivision (a). (B) For purposes of this paragraph, a school district, county office of education, charter school, or community college district may maintain records electronically in compliance with any applicable state and federal laws. (Added by Stats. 2024, Ch. 81, Sec. 28. (AB 247) Approved in Proposition 2 at the November 5, 2024, election. Effective November 6, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 1. Title of Part [66000- 66000.] SECTION 66000. Source version: id_fd1352d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=1.&article= This part shall be known and may be cited as the Donahoe Higher Education Act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 1.5. Legislative Findings [66002 - 66003] SECTION 66002. Source version: id_151bd87e-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=1.5.&article= The Legislature finds and declares all of the following: (a) The Master Plan for Higher Education in California, 1960–75, was originally prepared in 1959, and its recommendations were approved in principle by the affected governing boards of the higher education segments. Subsequently, legislation necessary to implement certain of the master plan’s provisions was enacted, including this part. A need to differentiate the functions of the segments of higher education and rapidly increasing enrollments were primary factors that motivated the creation of the master plan. (b) Pursuant to Resolution Chapter 285 of the Statutes of 1970, and Resolution Chapter 232 of the Statutes of 1971, a joint committee of the Legislature issued its report in 1973, entitled “Report of the Joint Committee on the Master Plan for Higher Education,” which reaffirmed the principles of the original master plan and emphasized a need for the segments of higher education to improve access and educational equity, coordination and planning, governance, and diversity within the entire system. As in the 1960s, legislation necessary to implement certain of the joint committee’s recommendations was enacted, largely through amendments to this part. (c) (1) Pursuant to Chapter 1507 of the Statutes of 1984, the Commission for the Review of the Master Plan for Higher Education conducted public hearings and deliberations; in 1987, it issued its report and recommendations, “The Master Plan Renewed: Unity, Equity, Quality, and Efficiency in California Postsecondary Education.” (2) Building on this report and two more years of public dialogue pursuant to Resolution Chapter 175 of the Statutes of 1984, the Joint Committee for the Review of the Master Plan for Higher Education adopted a comprehensive report in 1989, entitled “California Faces. . .California’s Future: Education for Citizenship in a Multicultural Democracy,” that affirms the achievements and the basic structure of the 1960 Master Plan for Higher Education and identifies new challenges for California’s institutions of higher education. (d) Pursuant to Resolution Chapter 106 of the Statutes of 2009 (A.C.R. 65), the Committee for the Review of the Master Plan for Higher Education conducted a needs-based assessment comprising public hearings and deliberations to understand the needs of our state and our people and how our system of higher education can best meet those needs and issued a report titled, “Appreciating Our Past, Ensuring Our Future: A Public Agenda for Public Higher Education in California,” viewing the master plan as a living document, reaffirming the essential tenets of the master plan of universal access, affordability and high quality, and identifying the need for an overarching policy framework of statewide public policy goals based upon the outcomes required, increased accountability both fiscal and programmatic, and more effective coordination and articulation. (e) California in the 21st century continues experiencing a period of unprecedented population growth and extraordinary social and economic changes while the ability of our state’s public system of higher education to carry out the master plan is at risk. (f) In the spirit of the original master plan and the subsequent reviews, the Legislature finds and declares all of the following: (1) California has now passed the threshold of becoming a state with a new multicultural majority as the ethnic composition of the population is changing dramatically. Our state’s future economic, social, and cultural development depends upon ensuring that all its citizens have opportunities to develop themselves so that they can contribute their best to society. (2) Current estimates indicate that California will need to prepare more than one million additional graduates by the year 2025 in public higher education institutions to meet our workforce needs. California needs to prepare now for the projected enrollments in the 21st century. And, if the goals of the master plan and its subsequent updates are to be fully achieved, especially if groups that are historically and currently underrepresented increase their rates of participation in higher education, enrollments will most likely exceed even these projections. (3) California must support an educational system that prepares all Californians for responsible citizenship and meaningful careers in a multicultural society; this requires a commitment from all to make high-quality education available and affordable for every Californian. (4) To accomplish these goals, California’s system of higher education will need to expand. (5) It is the intent of the Legislature that the work completed by the master plan review committees be used to guide higher education policy. (Amended by Stats. 2010, Ch. 201, Sec. 1. (AB 1901) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 1.5. Legislative Findings [66002 - 66003] SECTION 66003. Source version: id_162ef630-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=1.5.&article= It is the intent of the Legislature to outline in statute the broad policy and programmatic goals of the master plan and clear, concise statewide goals and outcomes for effective implementation of the master plan, attuned to the public interest of the people and State of California, and to expect the system as a whole and the higher education segments to be accountable for attaining those goals. However, consistent with the spirit of the original master plan and the subsequent updates, it is the intent of the Legislature that the governing boards be given ample discretion in implementing policies and programs necessary to attain those goals. (Amended by Stats. 2010, Ch. 201, Sec. 2. (AB 1901) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 10. Interstate Attendance Agreements [66800 - 66804] SECTION 66800. Source version: id_fd4efcb3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=10.&article= The Legislature recognizes that existing community colleges in California may benefit from larger and more heterogeneous enrollment in certain curricula and that additional enrollment may often be added with little or no increase in the total operational cost of a given curriculum. It also recognizes that California residents can be provided more complete and more useful curricula in many cases if the curricula is planned and offered on the basis of the needs of an entire region. The Legislature encourages California community college districts and the Board of Governors of the California Community Colleges to include the educational needs of, and facilities available in, territory adjacent to California in their planning and to make use of those needs and facilities to the extent possible in the conduct of community college education in California. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 10. Interstate Attendance Agreements [66800 - 66804] SECTION 66801. Source version: id_0f518e9e-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=10.&article= (a) The Board of Governors of the California Community Colleges may enter into an interstate attendance agreement with any statewide public agency of another state that is responsible for public institutions of postsecondary education providing the first two years of college instruction and that is an agency of a state that is a party to the Western Interstate Compact for Higher Education, for the exchange of residents, on a one-for-one basis, for purposes of instruction. (b) (1) As an alternative to the procedure established in subdivision (a), the board of governors may authorize the governing board of a community college district to enter into an interstate attendance agreement directly with the governing body of a public institution of postsecondary education providing the first two years of college instruction if the state in which the public institution is situated borders California, is a party to the Western Interstate Compact for Higher Education, and the state is not represented by a statewide public agency that is responsible for public institutions of postsecondary education providing the first two years of college instruction. (2) Each agreement entered into under this subdivision shall satisfy the requirements of subdivision (a), and shall become effective once fully executed and approved by the governing board of each participating community college district. There shall be no need to file a resolution as described in Section 66802 or for any further action by the board of governors. An interstate attendance agreement entered into under this subdivision may be effective on or after July 1, 2003. (c) The board of governors may enter into the Western Undergraduate Exchange through the Western Interstate Commission for Higher Education. (d) The agreement shall contain terms as the board of governors may adopt and that are consistent with the authority and responsibility of California community college districts and the community colleges they maintain. In no event shall an agreement permit or require the entry of California residents into institutions in another state on terms substantially different from those governing the admission of residents of the other state to California community colleges. Except as provided in subdivision (j) of Section 76140, agreements shall contain the provision that no additional state funds shall be required to carry out the provisions of this chapter. (Amended by Stats. 2022, Ch. 495, Sec. 1. (AB 1998) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 10. Interstate Attendance Agreements [66800 - 66804] SECTION 66802. Source version: id_fd508357-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=10.&article= The governing board of each California community college district is authorized to participate in an interstate attendance agreement entered into by the board of governors. The governing board of a California community college district elects to participate by adopting a resolution to that effect and filing that resolution with the board of governors. The participation may be limited in any manner which is consistent with terms of the interstate attendance agreement in which the district desires to participate. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 10. Interstate Attendance Agreements [66800 - 66804] SECTION 66803. Source version: id_fd508359-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=10.&article= If the governing board of a California community college district elects to participate in an interstate attendance agreement, it may waive, as a condition to such participation, all or part of the nonresident tuition required by Section 76140 in accordance with the terms of that interstate attendance agreement. Such a waiver shall apply only to students attending a community college maintained by that district pursuant to the provisions of that interstate attendance agreement. (Amended by Stats. 1981, Ch. 470, Sec. 33.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 10. Interstate Attendance Agreements [66800 - 66804] SECTION 66804. Source version: id_fd50835b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=10.&article= The board of governors may adopt rules and regulations to implement the provisions of this article as these provisions apply to California community college districts or to the State of California. Such rules and regulations shall contain the provision that no additional state funds shall be required to carry out the provisions of this chapter. (Amended by Stats. 1979, Ch. 797.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 10.5. Student Civic and Voter Empowerment Act [66850 - 66852] SECTION 66850. Source version: id_98fc12b3-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=10.5.&article= This chapter shall be known, and may be cited, as the Student Civic and Voter Empowerment Act. (Added by Stats. 2019, Ch. 559, Sec. 2. (AB 963) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 10.5. Student Civic and Voter Empowerment Act [66850 - 66852] SECTION 66851. Source version: id_98fc12b5-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=10.5.&article= (a) Beginning January 1, 2020, the Secretary of State, in partnership with the California Community Colleges, the California State University, and the University of California, shall conduct a program to be known as the Student Civic and Voter Empowerment Program. (b) The Secretary of State shall evaluate and report to the Legislature, on or before January 1, 2021, and annually thereafter, the results of the program, including the number of students who registered as a result of the program, statistics relating to the outcome of the program, and any other benefits or problems that arose for the program. (Added by Stats. 2019, Ch. 559, Sec. 2. (AB 963) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 10.5. Student Civic and Voter Empowerment Act [66850 - 66852] SECTION 66852. Source version: id_a8440b66-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=10.5.&article= Each campus of the California Community Colleges and the California State University shall, and each campus of the University of California is requested to, do all of the following: (a) (1) In consultation with the Secretary of State, during the first month of each academic semester or quarter, distribute campuswide emails to all students providing the following civic and election dates and information: (A) National Voter Registration Day, held annually on the fourth Tuesday in September. (B) The last day to register to vote online or to register to vote by mail or in person. (C) The date when a county may begin to offer early voting at the office of the elections official or at a satellite location, pursuant to Section 3016.3 of the Elections Code, and a statement that the date, times, and locations for early voting and conditional voter registration may be confirmed on the internet website of the Secretary of State or at the county elections office. (D) The primary and general election dates as provided in Chapter 4 of Division 0.5 of the Elections Code and Division 1 of the Elections Code. (E) A statement that, pursuant to Chapter 1 of Division 3 of the Elections Code, a voter may apply to vote by mail at any time until after the seventh day prior to an election, and that a vote by mail voter may vote in person at the office of the county elections official or at a satellite location established by the county elections official on or before the day of the election. (F) A link to the internet web page for the Secretary of State’s Students Vote Project, established pursuant to Section 2148.5 of the Elections Code. (2) In consultation with the Secretary of State, one month before each statewide election, distribute by campuswide emails to all students the dates and information specified in subparagraphs (A) through (F) of paragraph (1) and an internet website address link or unique Uniform Resource Locator (URL) link furnished by the Secretary of State’s office providing all of the following election information: (A) The Secretary of State’s internet web page for online voter registration. That website shall include a statement providing the information specified in subparagraph (B) of paragraph (1). (B) The Secretary of State’s internet website address for election information. (C) The Secretary of State’s internet website address for the most current voter information guide, required to be prepared pursuant to Section 9082.7 of the Elections Code. (D) The Secretary of State’s internet website address for the voter registration status tool, or a similar web page that directs the recipient to voter or election information for the county of the recipient. (E) A disclaimer stating all of the following: (i) That the civic and election information provided applies to the county where the campus is located. (ii) That election information varies by county. (iii) That recipients of the email are encouraged to check the internet website containing the Secretary of State’s voter registration status tool, or a similar web page, to find election information for the county where the recipient’s voter registration is active. (3) Include in both printed and electronic academic calendars the dates specified in subparagraphs (A), (B), (C), and (D) of paragraph (1). (b) (1) Post on social media reminders to students, at least one day before each event occurs unless specified otherwise, of all of the following: (A) The early voting and conditional voter registration information specified in subparagraph (C) of paragraph (1) of subdivision (a). (B) Election day, including a reminder the day before and the day of the election. The reminders shall state that a qualified voter may register to vote on the day of the election, if necessary, at a conditional voter registration site established by the voter’s county elections official. (C) After the emails required by paragraph (2) of subdivision (a) are sent, the voter information guide and county sample ballot information provided in that email. (2) For the purposes of this subdivision, the social media content can be furnished, or requested, by the Secretary of State. (c) (1) Designate one person per campus to act as a Civic and Voter Empowerment Coordinator, who shall do all of the following: (A) Implement the requirements of this section. (B) Ensure that, in every academic year, each campus holds a minimum of three election outreach events to increase civic learning, democratic participation, civic engagement, and voter turnout consistent with all of the following: (i) During an academic term in each even-numbered year, an outreach event shall occur within the final 30 days preceding each statewide primary and general election. (ii) All students shall be invited to participate in the coordination of and to attend these events. (iii) All events may be sponsored by a campus-based student organization. (C) Develop a Civic and Voter Empowerment Action Plan consistent with all of the following: (i) The coordinator shall invite leadership from faculty and students, and administrators from each of student affairs, academic affairs, and government relations or a similar office to participate in a meeting or meetings to develop the action plan. (ii) The action plan shall include, but not necessarily be limited to, a campus-specific effort to increase civic learning and democratic participation, with an emphasis on civic engagement, voter turnout, and community building. (iii) Students shall be invited to develop the action plan and to coordinate the meeting or meetings to develop the action plan. (D) The coordinator shall share the action plan developed pursuant to subparagraph (C) with the Secretary of State no later than December 1, 2020, for inclusion in the report to the Legislature submitted pursuant to subdivision (b) of Section 66851. The action plan shall be periodically updated and resubmitted to the Secretary of State, as determined necessary by the coordinator. (2) The Civic and Voter Empowerment Coordinator shall be nonpartisan. (Amended by Stats. 2025, Ch. 296, Sec. 9. (AB 1249) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66900. Source version: id_fd508361-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. (a) It is the intent of the Legislature that the California Postsecondary Education Commission (CPEC) be responsible for coordinating public, independent, and private postsecondary education in California and providing independent policy analyses and recommendations to the Legislature and the Governor on postsecondary education issues. In this respect, the Legislature finds as follows: (1) California, in its adoption of the 1960 Master Plan for Higher Education, established the Coordinating Council for Higher Education, the commission’s predecessor as the statewide coordinating and planning board for higher education. (2) In 1973, the Legislature’s Joint Committee on Higher Education reviewed the 1960 Master Plan for Higher Education and ultimately advanced a report that included recommendations for strengthening California’s higher education plan. The committee’s work resulted in the disestablishment of the Coordinating Council for Higher Education and the establishment of the California Postsecondary Education Commission. (3) Assembly Bill 770 (Chapter 1187 of the Statutes of 1973) strengthened the membership of the commission by having a majority of its members represent the general public. That bill also increased the commission’s responsibilities with respect to advising the Legislature and the Governor on issues related to governance, operation, and financing of higher education in California. (4) Since 1974, the commission has served as the state’s independent planning and coordination agency for postsecondary education policy, responsible for providing analyses and recommendations to the Legislature and the Governor related to long-range planning for public postsecondary education and the state policy and programs involving independent and private postsecondary education sectors. (5) In 1990, Senate Bill 1570 (Chapter 1587 of the Statutes of 1990) codified the commission’s mission statement developed by the 1989 Joint Committee for the Review of the Master Plan for Higher Education. (6) The commission has administered specifically designated federal programs and in July 1993, it was named the state’s designated agency to administer the new federal state postsecondary review entity (SPRE). (b) It is the intent of the Legislature that the commission maintain the essential role it plays in coordinating all sectors of postsecondary education, both public and private, given the size, scope, and complexity of California’s higher education system. (c) It is further the intent of the Legislature, as follows: (1) That the education policy recommendations of the commission shall be a primary consideration in developing state policy and funding for postsecondary education. (2) That the commission shall develop and maintain a data collection system capable of documenting the performance of postsecondary education institutions in meeting the post high school education and training needs of California’s diverse population. (3) That the commission, as the state’s planning and coordinating agency, shall ensure the effective utilization of public postsecondary education resources, thereby eliminating waste and unnecessary duplication, and shall promote diversity, innovation, and responsiveness to student and societal needs. (4) That the commission shall encourage the participation of faculty members, students, administrators, and members of the general public in carrying out its duties and responsibilities. (Repealed and added by Stats. 1995, Ch. 758, Sec. 40. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66901. Source version: id_fd520a03-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. There is hereby created the California Postsecondary Education Commission, which shall be advisory to the Governor, the Legislature, other appropriate governmental officials, and institutions of postsecondary education. The commission shall be composed of the following members: (a) One representative of the Regents of the University of California designated by the regents, one representative of the Trustees of the California State University designated by the trustees, and one representative of the Board of Governors of the California Community Colleges designated by the board. Representatives of the regents, the trustees, and the board of governors shall be chosen from among the appointed members of their respective boards, but in no instance shall an ex officio member of a governing board serve on the commission. (b) One representative of the independent California colleges and universities that are formed and operated as nonprofit corporations in this state and are accredited by a regional association that is recognized by the United States Department of Education. This member shall be appointed by the Governor from a list or lists submitted by an association or associations of those institutions. (c) The chair or the designee of the chair of the Council for Private Postsecondary and Vocational Education. (d) The President of the State Board of Education or his or her designee from among the other members of the board. (e) Nine representatives of the general public appointed as follows: three by the Governor, three by the Senate Rules Committee, and three by the Speaker of the Assembly. It is the intent of the Legislature that the commission be broadly and equitably representative of the general public in the appointment of its public members and that the appointing authorities, therefore, shall confer to assure that their combined appointments include adequate representation on the basis of sex and on the basis of the significant racial, ethnic, and economic groups in the state. (f) Two student representatives, each of whom shall be enrolled at a California postsecondary education institution at the time of appointment and during the term of service, except that a student member who graduates from an institution with no more than six months of his or her term remaining shall be permitted to serve for the remainder of the term. The Governor shall appoint the student members from persons nominated by the appropriate student organizations of each of the postsecondary education segments. For each student member of the commission, the appropriate student organization may submit a list of nominees. The list shall specify not less than three and not more than five nominees. The appropriate student organization for each segment shall be a composite group of at least five representative student government associations, as determined by the commission. (g) The student member appointed to the commission shall not be enrolled in the same segment as the outgoing student member or in the same segment of the other sitting student member. (h) No person who is employed by any institution of public or private postsecondary education shall be appointed to or serve on the commission, except that a person who is not a permanent, full-time employee and who has part-time teaching duties that do not exceed six hours per week may be appointed to and serve on the commission. The commission members designated in subdivisions (a), (c), and (d) shall serve at the pleasure of their respective appointing authorities. The member designated in subdivision (b) shall serve a three-year term. The members designated in subdivision (e) shall each serve a six-year term. The members designated in subdivision (f) shall each serve a two-year term. The respective appointing authority may appoint an alternate for each member who may, during the member’s absence, serve on the commission and vote on matters before the commission. When vacancies occur prior to expiration of terms, the respective appointing authority may appoint a member for the remainder of the term. Any person appointed pursuant to this section may be reappointed to serve additional terms. All terms subsequent to the initial appointments, which became effective on January 10, 1974, shall begin on January 1 of the year in which the respective terms are to start. Any person appointed pursuant to this section who no longer has the position that made him or her eligible for appointment may nonetheless complete his or her term of office on the commission. No person appointed pursuant to this section shall, with respect to any matter before the commission, vote for or on behalf of, or in any way exercise the vote of, any other member of the commission. The commission shall meet as often as it deems necessary to carry out its duties and responsibilities. Any member of the commission who in any calendar year misses more than one-third of the meetings of the full commission forfeits his or her office, thereby creating a vacancy. The commission shall select a chair from among the members representing the general public. The chair shall hold office for a term of one year and may be selected to successive terms. There is established an advisory committee to the commission and the director, consisting of the chief executive officers of each of the public segments, or their designees, the Superintendent of Public Instruction or his or her designee, and an executive officer from each of the groups of institutions designated in subdivisions (b) and (c) to be designated by the respective commission representative from these groups. Commission meeting agenda items and associated documents shall be provided to the committee in a timely manner for its consideration and comments. The commission may appoint any subcommittees or advisory committees it deems necessary to advise the commission on matters of educational policy. The advisory committees may consist of commission members or nonmembers, or both, including students, faculty members, segmental representatives, governmental representatives, and representatives of the public. The commission shall appoint and may remove a director in the manner hereafter specified. The director shall appoint persons to any staff positions the commission may authorize. The commission shall prescribe rules for the transaction of its own affairs, subject, however, to all the following requirements and limitations: (1) The votes of all representatives shall be recorded. (2) Effective action shall require the affirmative vote of a majority of all the duly appointed members of the commission, not including vacant commission seats. (3) The affirmative votes of two-thirds of all the duly appointed members of the commission, not including vacant commission seats, shall be necessary to the appointment of the director. (Amended by Stats. 1993, Ch. 8, Sec. 2. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66902. Source version: id_fd520a05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. The commission shall have power to require the governing boards and the institutions of public postsecondary education to submit data on plans and programs, costs, selection and retention of students, enrollments, plant capacities and other matters pertinent to effective planning, policy development, articulation and coordination, and shall furnish information concerning such matters to the Governor and to the Legislature as requested by them. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66902.5. Source version: id_587c698d-3187-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. Unless otherwise specified, reports submitted to the Legislature by the California Postsecondary Education Commission shall be delivered to the Senate and Assembly budget subcommittees on education, the Senate education and Assembly higher education policy committees, the Legislative Analyst’s Office, the Office of the Governor, and the Department of Finance. Unless otherwise specified, these reports may be submitted in PDF format or comparable electronic format. (Amended by Stats. 2011, Ch. 349, Sec. 5. (SB 940) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66903. Source version: id_fd520a07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. The commission has the following functions and responsibilities in its capacity as the statewide postsecondary education planning and coordinating agency and adviser to the Legislature and the Governor: (a) It shall require the governing boards of the segments of public postsecondary education to develop and submit to the commission institutional and systemwide long-range plans in a form determined by the commission after consultation with the segments. (b) It shall prepare a state plan for postsecondary education that shall integrate the planning efforts of the public segments with other pertinent plans. The commission shall seek to resolve conflicts or inconsistencies among segmental plans in consultation with the segments. If these consultations are unsuccessful, the commission shall report the unresolved issues to the Legislature with recommendations for resolution. In developing the plan, the commission shall consider at least the following factors: (1) The need for, and location of, new facilities. (2) The range and kinds of programs appropriate to each institution or system. (3) The budgetary priorities of the institutions and systems of postsecondary education. (4) The impact of various types and levels of student charges on students and on postsecondary education programs and institutions. (5) The appropriate levels of state-funded student financial aid. (6) The access and admission of students to postsecondary education. (7) The educational programs and resources of independent and private postsecondary institutions. (8) The provisions of this division differentiating the functions of the public systems of higher education. (c) It shall update the plan periodically, as appropriate. (d) It shall participate in appropriate stages of the executive and the legislative budget processes as requested by the executive and the legislative branches, and shall advise the executive and the legislative branches as to whether segmental programmatic budgetary requests are compatible with the state plan. It is not intended that the commission hold independent budget hearings. (e) It shall advise the Legislature and the Governor regarding the need for, and location of, new institutions and campuses of public higher education. (f) It shall review proposals by the public segments for new programs, the priorities that guide them, and the degree of coordination with nearby public, independent, and private postsecondary educational institutions, and shall make recommendations regarding those proposals to the Legislature and the Governor. (g) In consultation with the public segments, it shall establish a schedule for segmental review of selected educational programs, evaluate the program approval, review, and disestablishment processes of the segments, and report its findings and recommendations to the Legislature and the Governor. (h) It shall serve as a stimulus to the segments and institutions of postsecondary education by projecting and identifying societal and educational needs and encouraging adaptability to change. (i) It shall periodically collect or conduct, or both collect and conduct, studies of projected manpower supply and demand, in cooperation with appropriate state agencies, and disseminate the results of those studies to institutions of postsecondary education and to the public in order to improve the information base upon which student choices are made. (j) It shall periodically review and make recommendations concerning the need for, and availability of, postsecondary programs for adult and continuing education. (k) It shall develop criteria for evaluating the effectiveness of all aspects of postsecondary education. (l) It shall maintain and update annually an inventory of all off-campus programs and facilities for education, research, and community services operated by public and independent institutions of postsecondary education. (m) (1) It shall act as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies. It shall develop and maintain a comprehensive data base that does all of the following: (A) Ensures comparability of data from diverse sources. (B) Supports longitudinal studies of individual students as they progress through the state’s postsecondary educational institutions, based upon the commission’s existing student data base through the use of a unique student identifier. (C) Is compatible with the California School Information System and the student information systems developed and maintained by the public segments of higher education, as appropriate. (D) Provides Internet access to data, as appropriate, to the sectors of higher education. (E) Provides each of the educational segments access to the data made available to the commission for the purposes of the data base, in order to support, most efficiently and effectively, statewide, segmental, and individual campus educational research information needs. (2) The commission, in implementing paragraph (1), shall comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) relating to the disclosure of personally identifiable information concerning students. (3) The commission may not make available any personally identifiable information received from a postsecondary educational institution concerning students for any regulatory purpose unless the institution has authorized the commission to provide that information on behalf of the institution. (4) The commission shall provide 30-day notification to the chairpersons of the appropriate legislative policy and budget committees of the Legislature, to the Director of Finance, and to the Governor prior to making any significant changes to the student information contained in the data base. (n) It shall establish criteria for state support of new and existing programs, in consultation with the public segments, the Department of Finance, and the Joint Legislative Budget Committee. (o) It shall comply with the appropriate provisions of the federal Education Amendments of 1972 (P.L. 92-318), as specified in Section 67000. (p) It shall consider the relationship among academic education and vocational education and job training programs, and shall actively consult with representatives of public and private education. (q) It shall review all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education and shall make recommendations to the Legislature, the Governor, and institutions of postsecondary education. In carrying out this subdivision, the commission periodically shall conduct a study of the percentages of California public high school graduates estimated to be eligible for admission to the University of California and the California State University. The changes made to this subdivision during the 2001–02 Regular Session of the Legislature shall be implemented only during those fiscal years for which funding is provided for the purposes of those provisions in the annual Budget Act or in another measure. (r) It shall report periodically to the Legislature and the Governor regarding the financial conditions of independent institutions, their enrollment and application figures, the number of student spaces available, and the respective cost of utilizing those spaces as compared to providing additional public spaces. The reports shall include recommendations concerning state policies and programs having a significant impact on independent institutions. (s) Upon request of the Legislature or the Governor, it shall submit to the Legislature and the Governor a report on all matters so requested that are compatible with its role as the statewide postsecondary education planning and coordinating agency. Upon request of individual Members of the Legislature or personnel in the executive branch, the commission shall submit information or a report on any matter to the extent that sufficient resources are available. From time to time, it also may submit to the Legislature and the Governor a report that contains recommendations as to necessary or desirable changes, if any, in the functions, policies, and programs of the several segments of public, independent, and private postsecondary education. (t) In consultation with the public segments, it shall consider the development of facilities to be used by more than one segment of public higher education, commonly called “joint-use facilities.” It shall recommend to the Legislature criteria and processes for different segments to utilize bond funds for these intersegmental, joint-use facilities. (u) It may undertake other functions and responsibilities that are compatible with its role as the statewide postsecondary education planning and coordinating agency. (Amended by Stats. 2001, Ch. 580, Sec. 3. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66903.1. Source version: id_ca1966ce-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. To the extent that the functions and tasks assigned to the California Postsecondary Education Commission by state law cannot all be performed with the funding provided in the annual Budget Act, it is the intent of the Legislature that the commission prioritize its workload to ensure, at a minimum, that the following responsibilities are completed in a timely manner: (a) All reviews and recommendations of the need for new institutions for the public higher education segments, inclusive of community colleges, pursuant to subdivision (e) of Section 66903. (b) All reviews and recommendations of the need for new programs for the public higher education segments, inclusive of community colleges, pursuant to subdivision (f) of Section 66903. (c) Consistent with the role of the commission pursuant to Section 67002, serve as the designated state educational agency to carry out federal education programs, pursuant to subdivision (o) of Section 66903. (d) All data management responsibilities pursuant to subdivision (m) of Section 66903 and data reporting pursuant to the adoption of legislation that establishes a higher education accountability framework. (Added by Stats. 2008, Ch. 514, Sec. 3. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66903.2. Source version: id_fd5390a9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. The Office of Statewide Health Planning and Development shall consult with the commission in the development by the office of its Health Manpower Plan and recommendations for meeting the needs in California for health science personnel. This consultation shall focus on whether health science education enrollment levels are adequate to meet the state’s health manpower needs by category and specialty within each category. (Repealed and added by Stats. 1995, Ch. 758, Sec. 44. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66903.3. Source version: id_fd5390ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. The commission may delegate to the executive director any power, duty, purpose, function, or jurisdiction that the commission may lawfully delegate, including the authority to enter into and sign contracts on behalf of the commission. The executive director may redelegate any of those powers, duties, purposes, functions, or jurisdictions to his or her designee, unless by statute, or rule or regulation, the executive director is expressly required to act personally. (Amended by Stats. 1995, Ch. 758, Sec. 45. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66904. Source version: id_fd5390af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. It is the intent of the Legislature that sites for new institutions or branches of the University of California and the California State University, and the classes of off-campus centers as the commission shall determine, shall not be authorized or acquired unless recommended by the commission. It is further the intent of the Legislature that California community colleges shall not receive state funds for acquisition of sites or construction of new institutions, branches, or off-campus centers unless recommended by the commission. Acquisition or construction of nonstate-funded community college institutions, branches, and off-campus centers, and proposals for acquisition or construction shall be reported to, and may be reviewed and commented upon by, the commission. It is further the intent of the Legislature that existing or new institutions of public education, other than those described in subdivision (a) of Section 66010, shall not be authorized to offer instruction beyond the 14th grade level. All proposals for new postsecondary educational programs shall be forwarded to the commission for review together with supporting materials and documents that the commission may specify. The commission shall review the proposals within a reasonable length of time, which time shall not exceed 60 days following submission of the program and the specified materials and documents. For the purposes of this section, “new postsecondary educational programs” means all proposals for new schools or colleges, all series of courses arranged in a scope or sequence leading to (1) a graduate or undergraduate degree, or (2) a certificate of a type defined by the commission, which have not appeared in a segment’s or district’s academic plan within the previous two years, and all proposals for new research institutes or centers which have not appeared in a segment’s or district’s academic plan within the previous two years. It is further the intent of the Legislature that the advice of the commission be utilized in reaching decisions on requests for funding new and continuing graduate and professional programs, enrollment levels, and capital outlay for existing and new campuses, colleges, and off-campus centers. (Amended by Stats. 1993, Ch. 8, Sec. 3. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66905. Source version: id_fd551751-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. It is the intent of the Legislature that the California Postsecondary Education Commission annually review and fix the salary of its director according to a methodology established by the commission. This methodology shall take into consideration the salary of directors of coordinating boards for higher education in states with postsecondary education systems comparable to California’s in size, complexity, and level of state expenditures. The comparison states shall include seven major industrial states, including Illinois, New Jersey, New York, Ohio, and Texas. The commission shall notify the Chairperson of the Joint Legislative Budget Committee of this annual salary amount. Notwithstanding the provisions of Section 19825 of the Government Code, the salary shall become effective no sooner than 30 days after written notice of the salary is provided to the chairperson of the committee, or no sooner than a lesser time as the chairperson, or his or her designee, may determine. (Added by Stats. 1983, Ch. 323, Sec. 23.7. Effective July 1, 1983.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11. California Postsecondary Education Commission [66900 - 66906] ARTICLE 1. General Provisions [66900 - 66906] SECTION 66906. Source version: id_fd551753-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.&article=1. Each member of the commission shall receive a stipend of fifty dollars ($50) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission and, in addition, shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 11.3. The California Distance Learning Policy [66940- 66940.] SECTION 66940. Source version: id_fd569df7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=11.3.&article= There is hereby established the California Distance Learning Policy, which sets forth the guiding goal and principles for the utilization of technology in California postsecondary education. (Repealed and added by Stats. 2000, Ch. 467, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12. Federal Assistance for Higher Education [67000 - 67006] SECTION 67000. Source version: id_fd569dfd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.&article= The people of the State of California accept the provisions of and each of the funds provided by Title 1 and Title X of the Education Amendments of 1972 (Public Law 92-318), the Education Amendments of 1976 (Public Law 94-482), and subsequent enactments amendatory or supplementary thereto. (Amended by Stats. 1977, Ch. 730.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12. Federal Assistance for Higher Education [67000 - 67006] SECTION 67001. Source version: id_fd58249f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.&article= In accepting the benefits of the act of Congress, the people of the state agree to comply with all of the provisions and to observe all of its requirements. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12. Federal Assistance for Higher Education [67000 - 67006] SECTION 67002. Source version: id_fd5824a1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.&article= The California Postsecondary Education Commission is designated as the state educational agency to carry out the purposes and provisions of the Education Amendments of 1972 (Public Law 92-318), the Education Amendments of 1976 (Public Law 94-482), and subsequent enactments amendatory or supplementary thereto, as follows: (a) The commission is designated as the state commission required to be established pursuant to Section 1202 of Title X of the Higher Education Act of 1965 (Public Law 89-329) as amended by the Education Amendments of 1972 (Public Law 92-318); (b) The commission is designated as the state administrative agency required to be established pursuant to Section 1055 of Title X of the Higher Education Act of 1965 (Public Law 89-329) as amended by the Education Amendments of 1972 (Public Law 92-318), unless such designation is determined by the federal government to be in conflict with federal law or regulations; (c) The commission is designated as the state administrative agency required to be established pursuant to Section 105 of Title 1, Section 122 of Title III, Section 603 of Title VI and Section 704 of Title VII of the Higher Education Act of 1965 (Public Law 89-329) as amended by the Education Amendments of 1972 (Public Law 92-318). The California Postsecondary Education Commission is hereby vested with authority to prepare and submit to the United States Commissioner of Education any state plan required by said act of Congress, to prepare and submit amendments to such state plans, and to administer such state plans or amendments thereto, in accordance with said act of Congress and any rules and regulations adopted thereunder. Any such state plan or amendment thereto prepared by the California Postsecondary Education Commission shall be subject to the approval of the Department of Finance to the extent required by Section 13326 of the Government Code. The California Postsecondary Education Commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof in the administration of the act of Congress and the rules and regulations adopted thereunder. (Amended by Stats. 1977, Ch. 730.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12. Federal Assistance for Higher Education [67000 - 67006] SECTION 67003. Source version: id_fd5824a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.&article= The Trustees of the California State University on behalf of the California State University, the Regents of the University of California on behalf of the university, the Board of Governors of the California Community Colleges on behalf of the community colleges, and the Board of Governors of the California Maritime Academy on behalf of the California Maritime Academy, are vested with all power and authority to perform all acts necessary to receive the benefits and to expend the funds provided by the act of Congress described in Section 67000 and with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, and with the California Postsecondary Education Commission for the purpose of receiving the benefits and expending the funds provided by the act of Congress, in accordance with the act, or any rules or regulations adopted thereunder, or any state plan or rules or regulations of the California Postsecondary Education Commission adopted in accordance with the act of Congress. Whenever necessary to secure the full benefits of the act of Congress for loans or grants for academic facilities, the trustees, regents, or boards of governors may give any required security and may comply with any conditions imposed by the federal government. (Amended by Stats. 1983, Ch. 143, Sec. 61.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12. Federal Assistance for Higher Education [67000 - 67006] SECTION 67003.5. Source version: id_e6faf4e5-0c98-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.&article= (a) A postsecondary educational institution that is a “qualifying institution,” as defined in Section 69432.7, shall do both of the following: (1) Designate a staff member who is employed within the financial aid office, or another appropriate office or department, of the institution to serve as the Homeless and Foster Student Liaison. The Homeless and Foster Student Liaison shall be responsible for understanding the provisions of the federal Higher Education Act pertaining to financial aid eligibility of current and former foster youth, homeless youth, and former homeless youth, including unaccompanied homeless youth, and for identifying services available and appropriate for enrolled students who fall under one or more of these categories. The liaison shall assist these students in applying for and receiving federal and state financial aid and available services. (2) Inform current and prospective students of the institution about student financial aid and other assistance available to homeless youth, former homeless youth, and current and former foster youth, including their eligibility as independent students under Section 1087vv of the federal Higher Education Act, as that section read on December 31, 2015. (b) The Regents of the University of California are requested to adopt policies that are, to the extent that is feasible, equivalent to the provisions of subdivision (a). (c) The definitions of foster youth, former foster youth, homeless youth, and former homeless youth in subdivision (b) of Section 66025.9 shall apply to this section. (Amended by Stats. 2019, Ch. 163, Sec. 2. (AB 806) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12. Federal Assistance for Higher Education [67000 - 67006] SECTION 67004. Source version: id_fd5824a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.&article= The State Treasurer is designated as the custodian of all funds received by the state from the government of the United States, or of any agency or agencies thereof, under the federal act and he is authorized to receive and provide for the custody of all moneys so received. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12. Federal Assistance for Higher Education [67000 - 67006] SECTION 67005. Source version: id_fd5824a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.&article= The funds received by the state under the provisions of the federal act shall be paid out by the State Treasurer on warrants drawn by the Controller and requisitioned by the California Postsecondary Education Commission in carrying out the purposes of the federal act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12. Federal Assistance for Higher Education [67000 - 67006] SECTION 67006. Source version: id_fd59ab49-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.&article= The office of the Governor is designated as the state educational agency to carry out the purposes and the provisions of Section 802 of Title VIII of the Housing Act of 1964. The office of the Governor is hereby vested with authority to prepare and submit any state plan required by said section of said act of Congress, to prepare and submit amendments to such state plan, and to administer such state plan or amendments thereto, in accordance with said act of Congress, and any rules and regulations adopted thereunder. Any such state plan or amendment thereto prepared by the office of the Governor shall be subject to the approval of the Department of Finance. The office of the Governor is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof in the administration of the act of Congress and the rules and regulations adopted thereunder. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12.5. Title 38 Awards [67100 - 67104] SECTION 67100. Source version: id_7023d5ca-ca36-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.5.&article= The Legislature finds and declares the following: (a) Sections 21.4253 and 21.4254 of Title 38 of the Code of Federal Regulations require a postsecondary educational institution headquartered or operating in California desiring to enroll veterans or persons eligible for Title 38 awards in accredited and nonaccredited institutions and programs to make application for approval of these courses to the California State Approving Agency for Veterans Education, commonly known as CSAAVE, as the state approving agency legally designated pursuant to Section 3671 of Subchapter I of Chapter 36 of Title 38 of the United States Code. (b) Sections 21.4253 and 21.4254 authorize CSAAVE to approve the application of the accredited and nonaccredited institutions when the school and its accredited and nonaccredited courses satisfy the criteria provided in Sections 21.4253 and 21.4254 and additional reasonable criteria established by CSAAVE. (c) It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a postsecondary educational institution, public or private, to obtain accreditation for its degree programs, to comply with all federal and state laws and regulations, and to comply with any additional reasonable criteria established by CSAAVE. It is reasonable pursuant to Sections 21.4253 and 21.4254 for CSAAVE to require a private postsecondary institution to be issued an approval to operate from the Bureau for Private Postsecondary Education. (Amended by Stats. 2016, Ch. 428, Sec. 1. (SB 1059) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12.5. Title 38 Awards [67100 - 67104] SECTION 67101. Source version: id_05af6b9c-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.5.&article= The Title 38 Funding Program is hereby established, under the administration of the California State Approving Agency for Veterans Education. The California State Approving Agency for Veterans Education shall approve qualifying institutions desiring to enroll veterans or persons eligible for Title 38 awards in accordance with federal law, this chapter, and other reasonable criteria established by the California State Approving Agency for Veterans Education. (Added by Stats. 2014, Ch. 676, Sec. 1. (AB 2099) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12.5. Title 38 Awards [67100 - 67104] SECTION 67102. Source version: id_48fd9ea0-e41b-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.5.&article= As used in this chapter, the following terms have the following meanings: (a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. (b) “CSAAVE” is the California State Approving Agency for Veterans Education. (c) (1) “Qualifying institution” means a degree-granting institution that complies with paragraphs (2), (3), and (4), or a non-degree-granting institution that complies with paragraphs (2) and (4). (2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the Internet Web site of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an Internet Web site address labeled as an access point for the data on the passage rates of recent program graduates on the Internet Web site where enrollment information is also located, on an Internet Web site that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. (B) The institution shall be responsible for certifying to CSAAVE compliance with the requirements of subparagraph (A). (3) (A) A degree-granting institution shall provide evidence of accreditation of the institution and of all degree programs to CSAAVE. The accrediting agency shall be recognized by the United States Department of Education. An unaccredited degree-granting institution participating in the Title 38 award program on January 1, 2015, shall satisfy both of the following to remain eligible to receive Title 38 awards: (i) The institution shall obtain and provide evidence to CSAAVE of its candidacy or preaccreditation status, with an accrediting agency recognized by the United States Department of Education, by January 1, 2016, for the institution to be eligible for Title 38 awards for the academic year of 2015–16 or 2016–17, or both. (ii) The institution shall obtain and provide evidence to CSAAVE of accreditation from the accrediting agency with which it had candidacy or preaccreditation status by January 1, 2017, for the institution to be eligible for Title 38 awards for the academic year of 2017–18, and each academic year thereafter. (B) If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (i) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2016, shall remain eligible for Title 38 awards through his or her completion of that degree program. If an unaccredited degree-granting institution participating in the Title 38 award program fails to satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), a veteran enrolled in a degree program offered by the institution prior to January 1, 2017, shall remain eligible for Title 38 awards through his or her completion of that degree program. (C) An unaccredited degree-granting institution that does not satisfy the accreditation requirements provided in clause (i) of subparagraph (A), shall not enroll any new Title 38 eligible students to any of its degree programs after January 1, 2016. An unaccredited degree-granting institution that does not satisfy the accreditation requirements provided in clause (ii) of subparagraph (A), shall not enroll any new Title 38 students to any of its degree programs after January 1, 2017, without first providing these prospective students with the following written disclosure: “If you choose to attend this institution, you will not be eligible to receive a Title 38 award because this institution did not satisfy one or more of the accreditation requirements to receive Title 38 awards.” (D) An institution that obtains and provides evidence to CSAAVE of accreditation from the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.6 of the Business and Professions Code does not have to comply with subparagraphs (A), (B), and (C), if the institution complies with both of the following: (i) (I) The institution provides disclosures to applicants of the school of the institution’s admissions data, tuition, fees, financial aid, conditional scholarships, refund policies, average class size of each required course, number of clinical offerings, number of full-time and part-time faculty, technically trained librarians, and administrators, enrollment data, bar passage data, and employment outcomes for graduates. (II) For purposes of this clause, CSAAVE may develop a standardized information report template or use a standardized information report template developed by the State Bar. (III) For purposes of this clause, the following terms have the following meanings: (ia) “Admissions data” means information from the most recently enrolled fall semester class including the total number of applications, the total number of accepted students, and the 75th, 50th, and 25th percentile scores for the undergraduate grade point averages and law school admission test scores of admitted students. (ib) “Bar passage data” means the most current cumulative bar pass rates defined and reported by the examining committee of the State Bar. (ic) “Conditional scholarship” means any financial aid award, the retention of which is dependent upon the student maintaining a minimum grade point average or class standing other than that ordinarily required to remain in good academic standing. (id) “Employment outcomes for graduates” means the results of a survey by the law school, taken three years after graduation, that breaks down the employment rate of graduates in each of the first three years after graduation, including the rate of employment of graduates in jobs where a juris doctor degree is required by the employer and the rate of employment of graduates in jobs where a juris doctor degree is an advantage in employment. (ie) “Enrollment data” means information about the number of students who are admitted to the school per class per year for the past three years, the number of students who transfer to and from the school per class per year for the past three years, and the number of students who do not continue to attend the school each year for the past three years on either a voluntary or involuntary basis. (ii) The institution is in compliance with all applicable CSAAVE rules and regulations and is in good standing with the Committee of Bar Examiners. (4) The institution shall be one of the following to be eligible for Title 38 awards: (A) A campus of the California Community Colleges, the California State University, or the University of California. (B) An independent institution of higher education, as defined in subdivision (b) of Section 66010. (C) (i) For purposes of the 2015–16 award year, a private postsecondary educational institution, as defined in Section 94858. (ii) For purposes of the 2016–17 award year, and every award year thereafter, a private postsecondary educational institution, as defined in Section 94858, that has an approval to operate from the Bureau for Private Postsecondary Education, is subject to the regulatory oversight and enforcement of student protections provided by the bureau, and has its approval to operate certified by CSAAVE. (D) An institution described in subdivision (i) of Section 94874 that satisfies all of the requirements provided in Section 94947. (E) An institution that is accredited by the Committee of Bar Examiners pursuant to Sections 6046.7 and 6060.7 of the Business and Professions Code. (Amended by Stats. 2017, Ch. 561, Sec. 45. (AB 1516) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12.5. Title 38 Awards [67100 - 67104] SECTION 67102.5. Source version: id_0ade4bcf-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.5.&article= (a) On or before January 1, 2024, CSAAVE shall establish regulations requiring postsecondary educational institutions to provide the following information to CSAAVE as part of an application for approval or renewal: (1) The institution’s most recent cohort default rate as reported to the United States Department of Education. (2) For institutions other than the University of California, the California State University, and the California Community Colleges, evidence that the institution meets financial responsibility requirements that shall be established by CSAAVE. (3) Evidence of the institution’s accreditation status. (4) Whether a student, former student, or public prosecutor has filed a lawsuit against the institution for fraud, misrepresentation, or deceit within five years before the institution’s application for approval or renewal, including both pending and resolved lawsuits. (5) If the institution makes an implied or express representation that it prepares students to work in a profession, occupation, trade, or career field requiring licensure or certification by the state, the following information shall also be disclosed: (A) Whether the institution has obtained a required approval by the appropriate state licensing or certifying agency for the profession, occupation, trade, or career field. (B) Whether the institution meets all requirements necessary to allow a student to lawfully obtain a state license or certificate. (C) The license or certificate passage rate for each program. (D) An employment market assessment for nondegree programs. (b) To the extent that a School Performance Fact Sheet accepted by the Bureau for Private Postsecondary Education pursuant to Section 94910, documents submitted to the United States Department of Education, documents submitted to the United States Department of Veterans Affairs, or previously submitted applications to CSAAVE contain information required by this section or a CSAAVE application, the institution may provide, as part of the application, a copy of the information previously submitted or a reference, including, but not limited to, an internet website link, to the fact sheet or documents. (Amended by Stats. 2023, Ch. 131, Sec. 44. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12.5. Title 38 Awards [67100 - 67104] SECTION 67103. Source version: id_05af92b0-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.5.&article= CSAAVE shall do all of the following: (a) Notify initial Title 38 recipients seeking to attend, or attending, an institution that is ineligible for Title 38 awards under this chapter that the institution is ineligible for Title 38 awards for the academic year for which the student received a Title 38 award. (b) Provide initial and renewal Title 38 recipients seeking to attend, or attending, an institution that is ineligible for Title 38 awards at the institution under this chapter with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive a Title 38 award. (c) Commencing for purposes of the 2016–17 award year, and every award year thereafter, certify whether a private postsecondary educational institution has been issued an approval to operate from the Bureau for Private Postsecondary Education. (Added by Stats. 2014, Ch. 676, Sec. 1. (AB 2099) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 12.5. Title 38 Awards [67100 - 67104] SECTION 67104. Source version: id_05af92b2-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=12.5.&article= Compliance with this chapter, in and of itself, shall not be construed as satisfying the requirements for participation in programs authorized by the federal Higher Education Act, including, but not limited to, Section 600.9 of Title 34 of the Code of Federal Regulations. (Added by Stats. 2014, Ch. 676, Sec. 1. (AB 2099) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 1. General Provisions [67300 - 67302.5] SECTION 67300. Source version: id_fd59ab4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=1. Services for disabled students provided by the California Community Colleges and the California State University shall, and services provided for the University of California may, at a minimum, conform to the level and quality of those services provided by the Department of Rehabilitation to its clients prior to July 1, 1981. However, nothing in this chapter requires the California Community Colleges, the California State University, or the University of California to provide the services for disabled students in the same manner as those services were provided by the Department of Rehabilitation. The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, for their respective systems, and the Regents of the University of California may adopt regulations to implement this chapter. Notwithstanding any other provision of this section or Section 67305, blind students who are attending California Community Colleges under the sponsorship of the Department of Rehabilitation shall have all reader services provided directly by the Department of Rehabilitation. Reader services provided by the Department of Rehabilitation pursuant to this section shall be furnished in accordance with federal and state law. The Department of Rehabilitation shall seek federal funds for the provision of readers to blind students pursuant to this section. (Repealed and added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 1. General Provisions [67300 - 67302.5] SECTION 67301. Source version: id_fd59ab51-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=1. (a) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California may, adopt rules and regulations prescribing requirements similar to those provided by Section 22511.5 of the Vehicle Code and all other applicable sections of the Vehicle Code relating to parking exemptions for disabled persons, as defined by Section 295.5 of the Vehicle Code, and disabled veterans, as defined by Section 295.7 of the Vehicle Code. The rules and regulations shall include authorization to park for unlimited periods in time-restricted parking zones and to park in any metered parking space without being required to pay any parking meter fee or to display a parking permit other than pursuant to Section 5007 or 22511.55 of the Vehicle Code, provided those spaces are otherwise available for use by the general public. The adopted regulations shall authorize parking at campus facilities and grounds by students with disabilities and by persons providing transportation services to students with disabilities. Except as otherwise provided in this section, students with disabilities and persons providing transportation to students with disabilities shall be required to display a valid parking permit, if applicable, for the campus attended. Nothing in this section prohibits the adoption of rules and regulations providing greater accessibility for students with disabilities and persons providing transportation services to those students. The adopted rules and regulations shall exempt students with disabilities and persons providing transportation services to these persons from any applicable parking restrictions in areas including, but not limited to, metered parking spaces and parking facilities designated for use by students, faculty, administrators, and employees. (b) The Regents of the University of California may provide, and the Trustees of the California State University shall provide, and the Board of Governors of the California Community Colleges shall adopt rules and regulations requiring the governing board of each community college district to provide, visitor parking at each campus of the university or district at no charge for a disabled person, as defined by Section 295.5 of the Vehicle Code, or disabled veteran, as defined by Section 295.7 of the Vehicle Code, or as defined by each segment’s policy concerning the provision of services to students with disabilities, whichever is more inclusive, and for persons providing transportation services to individuals with disabilities. Whenever parking designated for a disabled person is provided on any campus of the University of California, the California State University, or a community college district in a facility controlled by a mechanical gate, that university or district shall also provide accommodations for any person whose disability prevents him or her from operating the gate controls. These accommodations may be provided by making arrangements for disabled persons to be assisted in the operation of the gate controls, or through other effective and reasonable means the university or district may devise. Nothing in this subdivision shall be construed to require the replacement or elimination of special parking facilities restricted for the use of disabled persons located on the campuses of these universities or districts. It is the intent of the Legislature that community college districts shall utilize the proceeds from parking fees charged to community college students and employees to offset costs incurred by these districts in accommodating disabled persons pursuant to the requirements of this section. (c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California may, establish procedures for the purpose of conducting biennial audits to determine whether individual campuses are in compliance with all state building code requirements relating to the location and the designation of minimum percentages of available campus parking spaces for use by students with disabilities, as determined by guidelines of Section 14679 of the Government Code, Section 2-7102 of Title 24 of the California Code of Regulations, Part 40 (commencing with Section 40.1) of Title 24 of the Code of Federal Regulations, Section 1190.31 of Title 36 of the Code of Federal Regulations, or their successor provisions, or any other applicable provisions of law, whichever provides the greater accessibility for disabled persons. (Amended by Stats. 2001, Ch. 745, Sec. 33. Effective October 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 1. General Provisions [67300 - 67302.5] SECTION 67302. Source version: id_39b8def6-b01e-11e1-a798-b3e3f9d9de1b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=1. (a) An individual, firm, partnership, or corporation that publishes or manufactures printed instructional materials for students attending the University of California, the California State University, or a California Community College, shall provide to the university, college, or particular campus of the university or college, for use by students attending the University of California, the California State University, or a California Community College, any printed instructional material in an electronic format mutually agreed upon by the publisher or manufacturer and the college or campus. Computer files or electronic versions of printed instructional materials shall maintain the structural integrity of the printed instructional material, be compatible with commonly used braille translation and speech synthesis software, and include corrections and revisions as may be necessary. The computer files or electronic versions of the printed instructional material shall be provided to the university, college, or particular campus of the university or college at no additional cost and in a timely manner, upon receipt of a written request that does all of the following: (1) Certifies that the university, college, or particular campus of the university or college has purchased the printed instructional material for use by a student with a disability or that a student with a disability attending or registered to attend that university, college, or particular campus of the university or college has purchased the printed instructional material. (2) Certifies that the student has a disability that prevents him or her from using standard instructional materials. (3) Certifies that the printed instructional material is for use by the student in connection with a course in which he or she is registered or enrolled at the university, college, or particular campus of the university or college. (4) Is signed by the coordinator of services for students with disabilities at the university, college, or particular campus of the university or college or by the campus or college official responsible for monitoring compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the university, college, or particular campus of the university or college. (b) An individual, firm, partnership, or corporation specified in subdivision (a) may also require that, in addition to the conditions enumerated above, the request shall include a statement signed by the student agreeing to both of the following: (1) He or she will use the electronic copy of the printed instructional material in specialized format solely for his or her own educational purposes. (2) He or she will not copy or duplicate the printed instructional material for use by others. (c) If a college or university permits a student to directly use the electronic version of an instructional material, the disk or file shall be copy-protected, or the college or university shall take other reasonable precautions to ensure that students do not copy or distribute electronic versions of instructional materials in violation of the Copyright Revisions Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (d) An individual, firm, partnership, or corporation that publishes or manufactures nonprinted instructional materials for students attending the University of California, the California State University, or a California Community College shall provide computer files or other electronic versions of the nonprinted instructional materials for use by students attending the University of California, the California State University, or a California Community College, subject to the same conditions set forth in subdivisions (a) and (b) for printed instructional materials, when technology is available to convert these nonprinted instructional materials to a format that maintains the structural integrity of the nonprinted instructional materials that is compatible with braille translation and speech synthesis software. (e) For purposes of this section: (1) “Instructional material or materials” means textbooks and other materials written and published primarily for use by students in postsecondary instruction that are required or essential to a student’s success in a course of study in which a student with a disability is enrolled. The determination of which materials are “required or essential to student success” shall be made by the instructor of the course in consultation with the official making the request pursuant to paragraph (4) of subdivision (a) in accordance with guidelines issued pursuant to subdivision (i). “Instructional material or materials” does not include nontextual mathematics and science materials until the time software becomes commercially available that permits the conversion of existing electronic files of the materials into a format that is compatible with braille translation software or alternative media for students with disabilities. (2) “Printed instructional material or materials” means instructional material or materials in book or other printed form. (3) “Nonprinted instructional materials” means instructional materials in formats other than print, and includes instructional materials that require the availability of electronic equipment in order to be used as a learning resource, including, but not necessarily limited to, software programs, videotapes and audiotapes. (4) “Structural integrity” means all of the printed instructional material, including, but not limited to, the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies. “Structural integrity” need not include nontextual elements such as pictures, illustrations, graphs, or charts. If good faith efforts fail to produce an agreement pursuant to subdivision (a) between the publisher or manufacturer and the university, college, or particular campus of the university or college, as to an electronic format that will preserve the structural integrity of the printed instructional material, the publisher or manufacturer shall provide the instructional material in ASCII text and shall preserve as much of the structural integrity of the printed instructional material as possible. (5) “Specialized format” means braille, audio, or digital text that is exclusively for use by blind or other persons with disabilities. (f) Nothing in this section shall be construed to prohibit a university, college, or particular campus of the university or college from assisting a student with a disability by using the electronic version of printed instructional material provided pursuant to this section solely to transcribe or arrange for the transcription of the printed instructional material into braille. In the event a transcription is made, the campus or college shall have the right to share the braille copy of the printed instructional material with other students with disabilities. (g) The Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California may each establish one or more centers within their respective segments to process requests for electronic versions of instructional materials pursuant to this section. If a segment establishes a center or centers, and a college or campus within the jurisdiction of the center chooses to participate in the center, each of the following shall apply: (1) A college or campus designated as within the jurisdiction of a center shall submit requests for instructional material made pursuant to subdivision (a) to the center, which shall transmit the request to the publisher or manufacturer. (2) If there is more than one center, each center shall make every effort to coordinate requests within its segment. (3) The publisher or manufacturer of instructional material shall be required to honor and respond to only those requests submitted through a designated center. (4) If a publisher or manufacturer has responded to a request for instructional materials by a center, or on behalf of all the centers within a segment, all subsequent requests for these instructional materials shall be satisfied by the center to which the request is made. (h) Nothing in this section shall be deemed to authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (i) The governing boards of the California Community Colleges, the California State University, and the University of California shall each adopt guidelines consistent with this section for its implementation and administration. At a minimum, the guidelines shall address all of the following: (1) The designation of materials deemed “required or essential to student success.” (2) The determination of the availability of technology for the conversion of nonprinted materials pursuant to subdivision (d) and the conversion of mathematics and science materials pursuant to paragraph (4) of subdivision (e). (3) The procedures and standards relating to distribution of files and materials pursuant to subdivisions (a) and (b). (4) Other matters as are deemed necessary or appropriate to carry out the purposes of this section. (j) Failure to comply with the requirements of this section shall be a violation of Section 54.1 of the Civil Code. (k) This section does not apply to a request by an institution for a captioned format, as defined in paragraph (1) of subdivision (a) of Section 67302.5, of an instructional material, as defined in paragraph (4) of subdivision (a) of Section 67302.5. (Amended by Stats. 2009, Ch. 239, Sec. 1. (AB 386) Effective January 1, 2010. Superseded on operative date of amendment by Stats. 2012, Ch. 621.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 1. General Provisions [67300 - 67302.5] SECTION 67302. Source version: id_92296162-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=1. (a) (1) An individual, firm, partnership, or corporation that publishes or manufactures printed instructional materials for students attending the University of California, the California State University, or a California Community College, shall provide to the university, college, or particular campus of the university or college, for use by students attending the University of California, the California State University, or a California Community College, any printed instructional material in an electronic format mutually agreed upon by the publisher or manufacturer and the college or campus. Computer files or electronic versions of printed instructional materials shall maintain the structural integrity of the printed instructional material, be compatible with commonly used braille translation and speech synthesis software, and include corrections and revisions as may be necessary. The computer files or electronic versions of the printed instructional material shall be provided to the university, college, or particular campus of the university or college at no additional cost and in a timely manner, upon receipt of a written request that does all of the following: (A) Certifies that the university, college, or particular campus of the university or college has purchased the printed instructional material for use by a student with a disability or that a student with a disability attending or registered to attend that university, college, or particular campus of the university or college has purchased the printed instructional material. The requirements of this subparagraph shall be satisfied if the instructional material consists of a digital open source textbook or related materials developed or acquired pursuant to Section 66409. (B) Certifies that the student has a disability that prevents him or her from using standard instructional materials. (C) Certifies that the printed instructional material is for use by the student in connection with a course in which he or she is registered or enrolled at the university, college, or particular campus of the university or college. (D) Is signed by the coordinator of services for students with disabilities at the university, college, or particular campus of the university or college or by the campus or college official responsible for monitoring compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) at the university, college, or particular campus of the university or college. (2) If and when the California Open Source Digital Library is established pursuant to statute, the request described in paragraph (1) shall be submitted to, and satisfied by, the library where the instructional material needed by a student with a disability is available from that library. (b) An individual, firm, partnership, or corporation specified in subdivision (a) may also require that, in addition to the conditions enumerated above, the request shall include a statement signed by the student agreeing to both of the following: (1) He or she will use the electronic copy of the printed instructional material in specialized format solely for his or her own educational purposes. (2) He or she will not copy or duplicate the printed instructional material for use by others. (c) If a college or university permits a student to directly use the electronic version of an instructional material, the disk or file shall be copy-protected, or the college or university shall take other reasonable precautions to ensure that students do not copy or distribute electronic versions of instructional materials in violation of the Copyright Revisions Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (d) An individual, firm, partnership, or corporation that publishes or manufactures nonprinted instructional materials for students attending the University of California, the California State University, or a California Community College shall provide computer files or other electronic versions of the nonprinted instructional materials for use by students attending the University of California, the California State University, or a California Community College, subject to the same conditions set forth in subdivisions (a) and (b) for printed instructional materials, when technology is available to convert these nonprinted instructional materials to a format that maintains the structural integrity of the nonprinted instructional materials that is compatible with braille translation and speech synthesis software. (e) For purposes of this section: (1) “Instructional material or materials” means textbooks and other materials written and published primarily for use by students in postsecondary instruction, including, but not limited to, digital open source textbooks and related materials developed or acquired pursuant to Section 66409, that are required or essential to a student’s success in a course of study in which a student with a disability is enrolled. The determination of which materials are “required or essential to student success” shall be made by the instructor of the course in consultation with the official making the request pursuant to paragraph (4) of subdivision (a) in accordance with guidelines issued pursuant to subdivision (i). “Instructional material or materials” does not include nontextual mathematics and science materials until the time software becomes commercially available that permits the conversion of existing electronic files of the materials into a format that is compatible with braille translation software or alternative media for students with disabilities. (2) “Nonprinted instructional materials” means instructional materials in formats other than print, and includes instructional materials that require the availability of electronic equipment in order to be used as a learning resource, including, but not necessarily limited to, software programs, videotapes and audiotapes. (3) “Printed instructional material or materials” means instructional material or materials in book form or other printed form. (4) “Specialized format” means braille, audio, or digital text that is exclusively for use by blind persons or other persons with disabilities. (5) “Structural integrity” means all of the printed instructional material, including, but not limited to, the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies. “Structural integrity” need not include nontextual elements such as pictures, illustrations, graphs, or charts. If good-faith efforts fail to produce an agreement pursuant to subdivision (a) between the publisher or manufacturer and the university, college, or particular campus of the university or college, as to an electronic format that will preserve the structural integrity of the printed instructional material, the publisher or manufacturer shall provide the instructional material in ASCII text and shall preserve as much of the structural integrity of the printed instructional material as possible. (f) Nothing in this section shall be construed to prohibit a university, college, or particular campus of the university or college from assisting a student with a disability by using the electronic version of printed instructional material provided pursuant to this section solely to transcribe or arrange for the transcription of the printed instructional material into braille. In the event a transcription is made, the campus or college shall have the right to share the braille copy of the printed instructional material with other students with disabilities. (g) The Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California may each establish one or more centers within their respective segments to process requests for electronic versions of instructional materials pursuant to this section. If a segment establishes a center or centers, and a college or campus within the jurisdiction of the center chooses to participate in the center, each of the following shall apply: (1) A college or campus designated as within the jurisdiction of a center shall submit requests for instructional material made pursuant to subdivision (a) to the center, which shall transmit the request to the publisher or manufacturer. (2) If there is more than one center, each center shall make every effort to coordinate requests within its segment. (3) The publisher or manufacturer of instructional material shall be required to honor and respond to only those requests submitted through a designated center. (4) If a publisher or manufacturer has responded to a request for instructional materials by a center, or on behalf of all the centers within a segment, all subsequent requests for these instructional materials shall be satisfied by the center to which the request is made. (h) Nothing in this section shall be deemed to authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (i) The governing boards of the California Community Colleges, the California State University, and the University of California shall each adopt guidelines consistent with this section for its implementation and administration. At a minimum, the guidelines shall address all of the following: (1) The designation of materials deemed “required or essential to student success.” (2) The determination of the availability of technology for the conversion of nonprinted materials pursuant to subdivision (d) and the conversion of mathematics and science materials pursuant to paragraph (4) of subdivision (e). (3) The procedures and standards relating to distribution of files and materials pursuant to subdivisions (a) and (b). (4) Other matters as are deemed necessary or appropriate to carry out the purposes of this section. (j) Failure to comply with the requirements of this section shall be a violation of Section 54.1 of the Civil Code. (k) This section does not apply to a request by an institution for a captioned format, as defined in paragraph (1) of subdivision (a) of Section 67302.5, of an instructional material, as defined in paragraph (4) of subdivision (a) of Section 67302.5. (Amended by Stats. 2012, Ch. 621, Sec. 3. (SB 1052) Effective January 1, 2013. Operation contingent upon funding, as described in Sec. 5 of Ch. 621.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 1. General Provisions [67300 - 67302.5] SECTION 67302.5. Source version: id_18ffc974-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=1. (a) As used in this section, the following terms have the following meanings: (1) “Captioned” or “captioning” means the display of text corresponding to, and synchronized with, the spoken-word audio portion of instructional material. (2) “Electronic format” means a computer file or other digital medium that embodies instructional material, is not itself captioned, but from which a captioned format may be created using commercially available technology. (3) “Institution” means the University of California, the California State University, a California Community College, or any campus or location of any of those institutions. (4) “Instructional material” means any audiovisual work, as that term is defined in Section 101 of Title 17 of the United States Code, that is created and published primarily for use by students in postsecondary instruction, and is required for a student’s success in a course of study in which a student with a disability is enrolled. The determination of which materials are “required for student success” shall be made by the instructor of the course in consultation with the official making the request pursuant to subdivision (b) in accordance with guidelines issued pursuant to subdivision (i). (5) “Publisher” means any individual, firm, partnership, or corporation that is engaged in the business, whether for profit or not for profit, of selling instructional material in which it owns or controls some or all of the copyright to that material. “Publisher” does not include any entity that is a subdivision of any state or other governmental body, other than the State of California. (6) “Writing” includes facsimile transmission and e-mail. (b) (1) A publisher that publishes instructional material used by students attending, or by instructors for use in classroom presentations at, the University of California, the California State University, or a California Community College, shall, upon request by an institution on behalf of a student or instructor at that institution, do one of the following: (A) Provide access to a captioned format of the instructional material directly to the student or the instructor by providing an Internet password, delivery of a disk or file, or in any other appropriate manner. (B) Provide to the institution a captioned format of the instructional material. (C) Provide to the institution an electronic format, if available, of the instructional material, unless the institution already has an electronic format in its possession, and a license permitting the institution to create a captioned format of the material, to the extent the publisher has the right to grant that license. (2) A publisher shall respond to a properly addressed request that meets the requirements of subdivision (c) in the following manner, as applicable: (A) Within 10 calendar days after the receipt of the request, the publisher shall provide to the institution a notice, in writing, as to which of the three actions in paragraph (1) it intends to take. (B) If the publisher does not possess an electronic format of the instructional material, it shall advise the institution of that fact in the notice provided pursuant to subparagraph (A). (C) If the publisher lacks sufficient rights to distribute, or license the institution to create, a captioned format of some or all of the instructional material covered by the request, it shall advise the institution of that fact in the notice provided pursuant to subparagraph (A), and shall provide both of the following to the institution, to the extent that the publisher is able to do so: (i) An electronic format of the instructional material to which the publisher does not control the applicable rights. (ii) The name and contact information of the person that the publisher believes to be capable of authorizing creation of a captioned format of the instructional material. Any person capable of authorizing the creation of the captioned format shall be deemed to be the publisher of that material for purposes of this section. (D) If the publisher notifies the institution that it will provide an electronic format and a license permitting the institution to create a captioned format, it shall provide the electronic format and the license within seven calendar days of providing the notice pursuant to subparagraph (A). (E) If the publisher notifies the institution that it will provide a captioned format of the requested material, the publisher shall provide the captioned format as soon as it is possible to do so, but not later than 14 calendar days after providing the notice pursuant to subparagraph (A). (3) If a publisher fails to respond to a request, as required by paragraph (2), within 10 calendar days of receiving the request, the institution shall be deemed to have received a license permitting the institution to create a captioned format of the instructional material. (c) (1) An institution, if it chooses to submit a request pursuant to subdivision (b), shall include in the request all of the following: (A) Certification that the institution or an instructor at that institution has purchased the instructional material either (i) for use by a student with an auditory disability that prevents the student from using the instructional material in a noncaptioned format or (ii) for use in a class in which a student with such a disability is enrolled, or that a student with such a disability attending, or registered to attend, that institution has purchased the instructional material. (B) Certification that the student has an auditory disability that prevents the student from using instructional material in noncaptioned format. (C) Certification that the instructional material is for use by the student or an instructor in connection with a course in which the student is registered or enrolled at the institution. (D) The signature of the coordinator of services for students with disabilities at the institution, or by an official responsible for monitoring compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the institution. (E) At a minimum, an e-mail address and a facsimile number at which the person signing the request may be contacted. (2) A publisher may require, in addition to the requirements enumerated in paragraph (1), a request to include a statement signed by the student agreeing to both of the following: (A) He or she will use the captioned format of the instructional material solely for his or her own educational purposes. (B) He or she will not distribute or reproduce the captioned format for use by others. (d) (1) Any institution possessing an electronic format of an instructional material shall take reasonable precautions to ensure that the electronic format is not distributed to any third party, except as provided in paragraph (2) and subdivision (e), and shall, to the extent possible, maintain in effect all copy-protection measures embedded in any electronic format provided by a publisher. (2) An institution may retain an outside vendor to assist it in the exercise of rights granted to it by a publisher or by this section, and shall ensure, pursuant to an agreement that the publisher and the institution shall both have the power to enforce, that the electronic format is not further distributed and that any captioned format made from it is provided only to the institution. (e) (1) If a publisher provides to an institution a captioned format of instructional materials, the institution shall provide the captioned format to the student or instructor on whose behalf the request was made and may retain a copy of that captioned format. (2) Except as provided in paragraph (4), if a publisher grants an institution a license to create a captioned format, the institution shall provide a copy of the resulting captioned format to the publisher and may retain a copy of the captioned format. (3) Pursuant to paragraph (1) or (2), the institution may provide additional copies to any other of its students, any instructor employed by the institution for classroom use, any student at any other institution, or any other institution for classroom use, if the institution collects and forwards to the publisher all institutional and student certifications required under subdivision (b). (4) The institution shall cease to distribute additional copies of a captioned format to any other institution if either of the following occurs: (A) The institution receives notice that a captioned format has become commercially available from the publisher or other copyright owner of the instructional material. However, if this occurs, the institution may continue to allow its own instructors to use any captioned format that the institution previously created. (B) The publisher, or other copyright owner, of the instructional material notifies the institution that the institution’s captioned format contains material errors or omissions. (5) An instructor who receives a captioned format, or access to a captioned format pursuant to subparagraph (A) of paragraph (1) of subdivision (b), shall not use the captioned format for any purposes except for the classroom use for which the captioned format was requested or, in accordance with paragraph (3), for use in other classes at the institution with which the instructor is affiliated at the time that a request was made pursuant to subdivision (b). (f) (1) The Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California may each designate an office, or may by agreement designate a single office, to maintain a registry of publisher contact information. A registry office designated pursuant to this subdivision may be a center described in subdivision (g) of this section or subdivision (g) of Section 67302. (2) A publisher intending to sell instructional materials in the state shall provide to the office designated pursuant to paragraph (1) the name and contact information of its office or employee designated to handle requests made under this section, or an Internet Web site containing that information. If a publisher fails to provide that information, a request under subdivision (b) may be sent to a publisher at the address of its primary place of business, to the attention of its rights and permissions department. (g) The Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California may each establish one or more centers within their respective segments to process requests pursuant to this section. A center under this subdivision may be a center established under subdivision (g) of Section 67302. All of the following requirements apply with respect to any center established or designated for the purposes of this subdivision: (1) If an institution designated as within the jurisdiction of a center chooses to process requests in the manner set forth in this subdivision, it shall submit all requests made under this section to the center, which shall transmit these requests to publishers. (2) Each center shall make every effort to coordinate requests within its segment. (3) A publisher shall not be required to respond to requests from institutions that a center has been designated to represent, unless those requests are communicated through the center. (4) The center shall, in handling all electronic formats and captioned formats for the benefit of students enrolled in the institutions the center represents, have the same rights and obligations arising under subdivisions (d) and (e) as the institutions on whose behalf it acts. (h) Access to a captioned format, an electronic format, or a license to create a captioned format pursuant to subdivision (b) shall be provided free of any fee or royalty that is additional to the initial purchase of the instructional material by the student, the instructor, or the institution. (i) (1) The Board of Governors of the California Community Colleges and the Trustees of the California State University may, and the Regents of the University of California are requested to, adopt guidelines consistent with this section for its implementation and administration. It is the intent of the Legislature that the guidelines, if adopted, address all of the following: (A) The designation of materials deemed “required for student success.” (B) The procedures and standards relating to distribution of files and materials pursuant to subdivisions (b), (d), and (e). (C) The possibility of involving outside networks or partnerships between publishers and institutions to provide for access to instructional materials for students with disabilities and to facilitate the issuance of licenses by publishers under subparagraph (C) of paragraph (1), and paragraph (3), of subdivision (b). (D) Other matters as are deemed necessary or appropriate to carry out the purposes of this section. (2) For purposes of paragraph (1), the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the University of California are encouraged, from time to time, in the reasonable discretion of the respective governing body, to convene an advisory group, at least one-third of the membership of which shall be representatives designated by publishers as having a substantial volume of transactions with institutions under this section. (j) Nothing in this section shall be construed to require a publisher to produce or deliver an electronic format of instructional material if the publisher offers that instructional material for sale only in a form that is not computer-readable. (k) Nothing in this section shall be construed as vesting any copyright or copyright interest in any captioned format in any person or entity other than the publisher. (l) Nothing in this section shall be construed to authorize any use of instructional materials that would violate the takings clause of the Fifth Amendment to the United States Constitution or would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (m) This section exclusively governs requests for captioned formats of instructional materials and Section 67302 does not apply to requests for captioned formats of instructional materials. (n) The provisions of this section shall apply to the University of California, the California State University, and the California Community Colleges only to the extent that the respective institution, by appropriate resolution, makes these provisions applicable. (Amended by Stats. 2010, Ch. 328, Sec. 50. (SB 1330) Effective January 1, 2011. Superseded on operative date of amendment by Stats. 2012, Ch. 621.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 1. General Provisions [67300 - 67302.5] SECTION 67302.5. Source version: id_9b1e5194-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=1. (a) As used in this section, the following terms have the following meanings: (1) “Captioned” or “captioning” means the display of text corresponding to, and synchronized with, the spoken-word audio portion of instructional material. (2) “Electronic format” means a computer file or other digital medium that embodies instructional material, is not itself captioned, but from which a captioned format may be created using commercially available technology. (3) “Institution” means the University of California, the California State University, a California Community College, or any campus or location of any of those institutions. (4) “Instructional material” means any audiovisual work, as that term is defined in Section 101 of Title 17 of the United States Code, that is created and published primarily for use by students in postsecondary instruction, and is required for a student’s success in a course of study in which a student with a disability is enrolled. The determination of which materials are “required for student success” shall be made by the instructor of the course in consultation with the official making the request pursuant to subdivision (b) in accordance with guidelines issued pursuant to subdivision (i). “Instructional material” includes audio-visual works that constitute digital open source textbooks and related materials developed or acquired pursuant to Section 66409. (5) “Publisher” means any individual, firm, partnership, or corporation that is engaged in the business, whether for profit or not for profit, of selling instructional material in which it owns or controls some or all of the copyright to that material. “Publisher” does not include any entity that is a subdivision of any state or other governmental body, other than the State of California. (6) “Writing” includes facsimile transmission and e-mail. (b) (1) A publisher that publishes instructional material used by students attending, or by instructors for use in classroom presentations at, the University of California, the California State University, or a California Community College, shall, upon request by an institution on behalf of a student or instructor at that institution, do one of the following: (A) Provide access to a captioned format of the instructional material directly to the student or the instructor by providing an Internet password, delivery of a disk or file, or in any other appropriate manner. (B) Provide to the institution a captioned format of the instructional material. (C) Provide to the institution an electronic format, if available, of the instructional material, unless the institution already has an electronic format in its possession, and a license permitting the institution to create a captioned format of the material, to the extent the publisher has the right to grant that license. (2) A publisher shall respond to a properly addressed request that meets the requirements of subdivision (c) in the following manner, as applicable: (A) Within 10 calendar days after the receipt of the request, the publisher shall provide to the institution a notice, in writing, as to which of the three actions in paragraph (1) it intends to take. (B) If the publisher does not possess an electronic format of the instructional material, it shall advise the institution of that fact in the notice provided pursuant to subparagraph (A). (C) If the publisher lacks sufficient rights to distribute, or license the institution to create, a captioned format of some or all of the instructional material covered by the request, it shall advise the institution of that fact in the notice provided pursuant to subparagraph (A), and shall provide both of the following to the institution, to the extent that the publisher is able to do so: (i) An electronic format of the instructional material to which the publisher does not control the applicable rights. (ii) The name and contact information of the person that the publisher believes to be capable of authorizing creation of a captioned format of the instructional material. Any person capable of authorizing the creation of the captioned format shall be deemed to be the publisher of that material for purposes of this section. (D) If the publisher notifies the institution that it will provide an electronic format and a license permitting the institution to create a captioned format, it shall provide the electronic format and the license within seven calendar days of providing the notice pursuant to subparagraph (A). (E) If the publisher notifies the institution that it will provide a captioned format of the requested material, the publisher shall provide the captioned format as soon as it is possible to do so, but not later than 14 calendar days after providing the notice pursuant to subparagraph (A). (3) If a publisher fails to respond to a request, as required by paragraph (2), within 10 calendar days of receiving the request, the institution shall be deemed to have received a license permitting the institution to create a captioned format of the instructional material. (4) If and when the California Open Source Digital Library is established pursuant to statute, the request described in paragraph (1) shall be submitted to, and satisfied by, the library where the instructional material needed by a student with a disability is available from that library. (c) (1) An institution, if it chooses to submit a request pursuant to subdivision (b), shall include in the request all of the following: (A) Certification that the institution or an instructor at that institution has purchased the instructional material either (i) for use by a student with an auditory disability that prevents the student from using the instructional material in a noncaptioned format or (ii) for use in a class in which a student with such a disability is enrolled, or that a student with such a disability attending, or registered to attend, that institution has purchased the instructional material. The requirements of this subparagraph shall be satisfied if the instructional material consists of a digital open source textbook or related materials developed or acquired pursuant to Section 66409. (B) Certification that the student has an auditory disability that prevents the student from using instructional material in noncaptioned format. (C) Certification that the instructional material is for use by the student or an instructor in connection with a course in which the student is registered or enrolled at the institution. (D) The signature of the coordinator of services for students with disabilities at the institution, or by an official responsible for monitoring compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the institution. (E) At a minimum, an e-mail address and a facsimile number at which the person signing the request may be contacted. (2) A publisher may require, in addition to the requirements enumerated in paragraph (1), a request to include a statement signed by the student agreeing to both of the following: (A) He or she will use the captioned format of the instructional material solely for his or her own educational purposes. (B) He or she will not distribute or reproduce the captioned format for use by others. (d) (1) Any institution possessing an electronic format of an instructional material shall take reasonable precautions to ensure that the electronic format is not distributed to any third party, except as provided in paragraph (2) and subdivision (e), and shall, to the extent possible, maintain in effect all copy-protection measures embedded in any electronic format provided by a publisher. (2) An institution may retain an outside vendor to assist it in the exercise of rights granted to it by a publisher or by this section, and shall ensure, pursuant to an agreement that the publisher and the institution shall both have the power to enforce, that the electronic format is not further distributed and that any captioned format made from it is provided only to the institution. (e) (1) If a publisher provides to an institution a captioned format of instructional materials, the institution shall provide the captioned format to the student or instructor on whose behalf the request was made and may retain a copy of that captioned format. (2) Except as provided in paragraph (4), if a publisher grants an institution a license to create a captioned format, the institution shall provide a copy of the resulting captioned format to the publisher and may retain a copy of the captioned format. (3) Pursuant to paragraph (1) or (2), the institution may provide additional copies to any other of its students, any instructor employed by the institution for classroom use, any student at any other institution, or any other institution for classroom use, if the institution collects and forwards to the publisher all institutional and student certifications required under subdivision (b). (4) The institution shall cease to distribute additional copies of a captioned format to any other institution if either of the following occurs: (A) The institution receives notice that a captioned format has become commercially available from the publisher or other copyright owner of the instructional material. However, if this occurs, the institution may continue to allow its own instructors to use any captioned format that the institution previously created. (B) The publisher, or other copyright owner, of the instructional material notifies the institution that the institution’s captioned format contains material errors or omissions. (5) An instructor who receives a captioned format, or access to a captioned format pursuant to subparagraph (A) of paragraph (1) of subdivision (b), shall not use the captioned format for any purposes except for the classroom use for which the captioned format was requested or, in accordance with paragraph (3), for use in other classes at the institution with which the instructor is affiliated at the time that a request was made pursuant to subdivision (b). (f) (1) The Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California may each designate an office, or may by agreement designate a single office, to maintain a registry of publisher contact information. A registry office designated pursuant to this subdivision may be a center described in subdivision (g) of this section or subdivision (g) of Section 67302. (2) A publisher intending to sell instructional materials in the state shall provide to the office designated pursuant to paragraph (1) the name and contact information of its office or employee designated to handle requests made under this section, or an Internet Web site containing that information. If a publisher fails to provide that information, a request under subdivision (b) may be sent to a publisher at the address of its primary place of business, to the attention of its rights and permissions department. (g) The Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California may each establish one or more centers within their respective segments to process requests pursuant to this section. A center under this subdivision may be a center established under subdivision (g) of Section 67302. All of the following requirements apply with respect to any center established or designated for the purposes of this subdivision: (1) If an institution designated as within the jurisdiction of a center chooses to process requests in the manner set forth in this subdivision, it shall submit all requests made under this section to the center, which shall transmit these requests to publishers. (2) Each center shall make every effort to coordinate requests within its segment. (3) A publisher shall not be required to respond to requests from institutions that a center has been designated to represent, unless those requests are communicated through the center. (4) The center shall, in handling all electronic formats and captioned formats for the benefit of students enrolled in the institutions the center represents, have the same rights and obligations arising under subdivisions (d) and (e) as the institutions on whose behalf it acts. (h) Access to a captioned format, an electronic format, or a license to create a captioned format pursuant to subdivision (b) shall be provided free of any fee or royalty that is additional to the initial purchase of the instructional material by the student, the instructor, or the institution. (i) (1) The Board of Governors of the California Community Colleges and the Trustees of the California State University may, and the Regents of the University of California are requested to, adopt guidelines consistent with this section for its implementation and administration. It is the intent of the Legislature that the guidelines, if adopted, address all of the following: (A) The designation of materials deemed “required for student success.” (B) The procedures and standards relating to distribution of files and materials pursuant to subdivisions (b), (d), and (e). (C) The possibility of involving outside networks or partnerships between publishers and institutions to provide for access to instructional materials for students with disabilities and to facilitate the issuance of licenses by publishers under subparagraph (C) of paragraph (1), and paragraph (3), of subdivision (b). (D) Other matters as are deemed necessary or appropriate to carry out the purposes of this section. (2) For purposes of paragraph (1), the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the University of California are encouraged, from time to time, in the reasonable discretion of the respective governing body, to convene an advisory group, at least one-third of the membership of which shall be representatives designated by publishers as having a substantial volume of transactions with institutions under this section. (j) Nothing in this section shall be construed to require a publisher to produce or deliver an electronic format of instructional material if the publisher offers that instructional material for sale only in a form that is not computer-readable. (k) Nothing in this section shall be construed as vesting any copyright or copyright interest in any captioned format in any person or entity other than the publisher. (l) Nothing in this section shall be construed to authorize any use of instructional materials that would violate the takings clause of the Fifth Amendment to the United States Constitution or would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (m) This section exclusively governs requests for captioned formats of instructional materials and Section 67302 does not apply to requests for captioned formats of instructional materials. (n) The provisions of this section shall apply to the University of California, the California State University, and the California Community Colleges only to the extent that the respective institution, by appropriate resolution, makes these provisions applicable. (Amended by Stats. 2012, Ch. 621, Sec. 4. (SB 1052) Effective January 1, 2013. Operation contingent upon funding, as described in Sec. 5 of Ch. 621.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 2. Reader Services [67305 - 67307] SECTION 67305. Source version: id_fd5cb897-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=2. Notwithstanding the provisions of Section 67300, federal and state vocational rehabilitation funds may be utilized to provide reader and interpreter services to clients of the Department of Rehabilitation, provided that those funds are administered in full compliance with applicable federal and state laws and regulations and the policies and procedures of the Department of Rehabilitation. (Added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 2. Reader Services [67305 - 67307] SECTION 67306. Source version: id_fd5cb899-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=2. (a) California State University systemwide policy governing the provision of services to students with disabilities shall include a requirement that Disabled Student Services (DSS) directors maintain a list of readers who meet certain standards. These standards shall include some college education, a 3.0 grade point average, or the possession of equivalent skills. It is expected that most students will select a reader from this list. (b) In addition, systemwide policy shall require that students and readers meet in a mutually agreeable public facility, either on campus or off campus, as appropriate to the student’s coursework and consistent with campus policy. Requests for, and explanation of, the need for exceptions to this regulation shall be made in writing by a student on a standardized form developed by the California State University and maintained on file. (c) Students who prefer a reader not on the campus list or prefer alternative locations for services mutually agreed to by the reader and the student, shall file written requests on a standardized form provided by the DSS director, or his or her designee, and developed by the California State University, to be maintained on file. (d) At the beginning of each term, students shall receive a notice informing them of the option to choose a reader not on the list and to choose a location for receiving reader services in a nonpublic facility. The notice shall be signed by both the student and the DSS director, or his or her designee, and shall be maintained on file. (Added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 2. Reader Services [67305 - 67307] SECTION 67307. Source version: id_fd5cb89b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=2. Reader services for students with disabilities attending the California State University shall be provided for required reading not readily available on tape, handouts, and materials necessary for the required research papers. The number of reader hours provided shall be determined by the appropriate DSS staff person, in consultation with the student, and based on the volume of materials to be read. While the desirable number of hours to be available is, at a minimum, 1.5 hours of reader service per unit per week, the final number of reader services to be provided is dependent upon the student courseload, the individual student’s need, and available campus funds. (Added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 3. State-Funded Services [67310 - 67313] SECTION 67310. Source version: id_fd5cb89f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=3. (a) The Legislature finds and declares that equal access to public postsecondary education is essential for the full integration of persons with disabilities into the social, political, and economic mainstream of California. The Legislature recognizes the historic underrepresentation of disabled students in postsecondary programs and the need for equitable efforts that enhance the enrollment and retention of disabled students in public colleges and universities in California. (b) The Legislature recognizes its responsibility to provide and adequately fund postsecondary programs and services for disabled students attending a public postsecondary institution. (c) To meet this responsibility, the Legislature sets forth the following principles for public postsecondary institutions and budgetary control agencies to observe in providing postsecondary programs and services for students with disabilities: (1) The state funded activity shall be consistent with the stated purpose of programs and services for disabled students provided by the California Community Colleges, the California State University, or the University of California, as governed by the statutes, regulations, and guidelines of the community colleges, state university, or the University of California. (2) The state funded activity shall not duplicate services or instruction that are available to all students, either on campus or in the community. (3) The state funded activity shall be directly related to the functional limitations of the verifiable disabilities of the students to be served. (4) The state funded activity shall be directly related to these students’ full access to and participation in the educational process. (5) The state funded activity shall have as its goals the independence of disabled students and the maximum integration of these students with other students. (6) The state funded activity shall be provided in the most integrated setting possible, consistent with state and federal law, state policy and funding requirements, and missions and policies of the postsecondary segment, and shall be based on identified student needs. (d) It is the intent of the Legislature that, through the state budget process, the public postsecondary institutions request, and the state provide, funds to cover the actual cost of providing services and instruction, consistent with the principles set forth in subdivision (c), to disabled students in their respective postsecondary institutions. (e) All public postsecondary education institutions shall continue to utilize other available resources to support programs and services for disabled students as well as maintain their current level of funding from other sources whenever possible. (f) Pursuant to Section 67312, postsecondary institutions shall demonstrate institutional accountability and clear program effectiveness evaluations for services to students with disabilities. (Repealed and added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 3. State-Funded Services [67310 - 67313] SECTION 67311. Source version: id_fd5e3f41-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=3. It is the desire and intent of the Legislature that, as appropriate for each postsecondary segment, funds for disabled student programs and services be based on the following three categories of costs: (a) Fixed costs associated with the ongoing administration and operation of the services and programs. These fixed costs are basic ongoing administrative and operational costs of campus programs that are relatively consistent in frequency from year-to-year, such as: (1) Access to, and arrangements for, adaptive educational equipment, materials, and supplies required by disabled students. (2) Job placement and development services related to the transition from school to employment. (3) Liaisons with campus and community agencies, including referral and followup services to these agencies on behalf of disabled students. (4) On-campus and off-campus registration assistance, including priority enrollment, applications for financial aid, and related college services. (5) Special parking, including on-campus parking registration, temporary parking permit arrangements, and application assistance for students who do not have state handicapped placards or license plates. (6) Supplemental specialized orientation to acquaint students with the campus environment. (7) Activities to coordinate and administer specialized services and instruction. (8) Activities to assess the planning, implementation, and effectiveness of disabled student services and programs. The baseline cost of these services shall be determined by the respective system and fully funded with annual adjustments for inflation and salary range changes, to the extent funds are provided. (b) Continuing variable costs that fluctuate with changes in the number of students or the unit load of students. These continuing variable costs are costs for services that vary in frequency depending on the needs of students, such as the following: (1) Diagnostic assessment, including both individual and group assessment not otherwise provided by the institution to determine functional, educational, or employment levels or to certify specific disabilities. (2) On-campus mobility assistance, including mobility training and orientation and manual or automatic transportation assistance to and from college courses and related educational activities. (3) Off-campus transportation assistance, including transporting students with disabilities to and from the campus in areas where accessible public transportation is unavailable, inadequate, or both. (4) Disability-related counseling and advising, including specialized academic, vocational, personal, and peer counseling, that is developed specifically for disabled students and not duplicated by regular counseling and advising services available to all students. (5) Interpreter services, including manual and oral interpreting for deaf and hard-of-hearing students. (6) Reader services to coordinate and provide access to information required for equitable academic participation if this access is unavailable in other suitable modes. (7) Services to facilitate the repair of equipment and learning assistance devices. (8) Special class instruction that does not duplicate existing college courses but is necessary to meet the unique educational needs of particular groups of disabled students. (9) Speech services, provided by licensed speech or language pathologists for students with verified speech disabilities. (10) Test taking facilitation, including adapting tests for and proctoring test taking by, disabled students. (11) Transcription services, including, but not limited to, the provision of Braille and print materials. (12) Specialized tutoring services not otherwise provided by the institution. (13) Notetaker services for writing, notetaking, and manual manipulation for classroom and related academic activities. State funds may be provided annually for the cost of these services on an actual-cost basis, including wages for the individuals providing these services and expenses for attendant supplies. Each institution shall be responsible for documenting its costs to the appropriate state agencies. (c) One-time variable costs associated with the purchase or replacement of equipment. One-time variable costs are one-time expenditures for the purchase of supplies or the repair of equipment, such as adapted educational materials and vehicles. State funds shall be provided for these expenses on an actual cost basis as documented by each institution. (Repealed and added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 3. State-Funded Services [67310 - 67313] SECTION 67312. Source version: id_c2618664-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=3. (a) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, for their respective systems, do all of the following: (1) Work with the Department of Finance to develop formulas or procedures for allocating funds authorized under this chapter. (2) Adopt rules and regulations necessary to the operation of programs funded pursuant to this chapter. (3) Develop and implement, in consultation with students and staff, a system for evaluating state-funded programs and services for disabled students on each campus at least every five years. At a minimum, these systems shall provide for the gathering of program cost and budget breakdowns, outcome data, staff and student perceptions of program effectiveness, and data on the implementation of the program and physical accessibility requirements of the Federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). (b) (1) The Trustees of the California State University shall, and the Regents of the University of California are requested to, for their respective systems, provide, as part of established college personnel onboarding and training, information regarding disability access and compliance pursuant to Section 67312.5. (2) The Chancellor of the California Community Colleges and community college districts shall collaborate to provide, as part of established college personnel onboarding and training, information regarding disability access and compliance pursuant to Section 67312.5. (c) Commencing in January 1990, and every two years thereafter, the Board of Governors of the California Community Colleges shall submit a report to the Governor and the education policy committees of the Legislature describing its efforts to serve students with disabilities. These biennial reports shall also include a review on a campus-by-campus basis of the enrollment, retention, transition, and graduation rates of disabled students, including categorical funding of those programs. (Amended by Stats. 2024, Ch. 905, Sec. 1. (AB 2821) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 3. State-Funded Services [67310 - 67313] SECTION 67312.5. Source version: id_49e43766-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=3. (a) The Trustees of the California State University shall, and the Regents of the University of California and the governing boards of independent postsecondary institutions are requested to, each establish a Disability Access and Compliance Training Program for their campuses. A Disability Access and Compliance Training Program shall be included within existing college personnel training and provided to college personnel upon onboarding. (b) (1) On or before January 1, 2026, the Chancellor of the California Community Colleges shall establish a Disability Access and Compliance Training Program for California Community College campuses. On or before the start of the 2026–27 academic year, community college districts shall include the Disability Access and Compliance Training Program within existing college personnel training and provide the training to college personnel upon onboarding. (2) The Chancellor of the California Community Colleges shall develop the training components described in paragraphs (1), (2), and (3) of subdivision (c). Each community college district shall develop the training components described in paragraphs (4) and (5) of subdivision (c). (c) A Disability Access and Compliance Training Program established pursuant to subdivision (a) or (b) shall include, but is not limited to, all of the following: (1) The legal and procedural responsibility of college personnel to provide effective accommodations for disabled students, the implementation and administration of this responsibility, and the campus, criminal, and civil consequences for failing to comply with this responsibility. (2) Guidance regarding constructing and enforcing accessibility fixtures and practices in the universal design of campus coursework and classrooms. (3) Common facts and myths regarding anti-disability and ableist stigmas and prejudices, including guidance on how to mitigate and report instances of anti-disability and ableist discrimination and harassment. (4) The availability of, and contact information for, academic, campus, and local community resources for individuals experiencing anti-disability or ableist discrimination or harassment. (5) Training on how to increase access to campus academic accommodations hubs, disability students program faculty liaisons, academic accommodations guidance, disability access center disability access liaison team members, designated campus department ambassadors, and any other relevant campus personnel to offer additional support to students with disabilities. (Added by Stats. 2024, Ch. 905, Sec. 2. (AB 2821) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14. Disabled Student Services [67300 - 67313] ARTICLE 3. State-Funded Services [67310 - 67313] SECTION 67313. Source version: id_fd5e3f45-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.&article=3. Nothing in this chapter shall be construed to be directing any student, or students, toward a particular program or service for students with disabilities nor shall anything in this chapter be used to deny any student an education because he or she does not wish to receive state funded disabled student programs and services. (Repealed and added by Stats. 1995, Ch. 758, Sec. 54. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.25. Office Equipment [67320- 67320.] SECTION 67320. Source version: id_fd5fc5e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.25.&article= Each campus of the California Community Colleges, the California State University, and the University of California shall consider human and ergonomic factors, including human health and safety, human comfort, and equipment usefulness when they select and procure office equipment and related support equipment. The Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California shall adopt regulations that are necessary to carry out this chapter. For purposes of this chapter, “office equipment and related support equipment” includes, but is not limited to, electronic equipment, typewriters, chairs, and tables. (Added by Stats. 1986, Ch. 1303, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.27. Contracts [67325 - 67328] SECTION 67325. Source version: id_3376736b-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.27.&article= For the purposes of this article, “contract” means a research, training, or service agreement between the state and the University of California or the California State University, or a grant from the state to the University of California or the California State University for research, training, or service. (Added by Stats. 2009, Ch. 402, Sec. 1. (AB 20) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.27. Contracts [67325 - 67328] SECTION 67326. Source version: id_33769a7d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.27.&article= The Legislature finds and declares all of the following: (a) The University of California and the California State University comprise two important parts of the state’s public university system. (b) The University of California and the California State University receive about six billion dollars ($6,000,000,000) from the State General Fund each year. (c) In the 2006–07 fiscal year, state agencies and departments entered into more than 2,500 contracts or contract amendments with the University of California and the California State University. (d) Many of these contracts contain similar provisions, such as provisions dealing with issues relating to liability, intellectual property, the right to undertake additional research, the right to publish, hiring, personnel, invoicing, and payments. (e) The provisions of each contract or contract amendment are typically negotiated between attorneys representing the state agencies and departments and attorneys representing the University of California and the California State University. (f) The drafting of many of these contracts takes six months to a year, and, in many cases, the state is paying for both sides of the contract negotiations. (g) It would be more cost effective and efficient if the state and the University of California and the California State University would establish standardized “boilerplate” provisions that would apply to all contracts between the state and the University of California or the California State University, allowing for variations only in unusual situations. (h) The federal government has established the Federal Demonstration Partnership, which provides for uniform contracting provisions. (Added by Stats. 2009, Ch. 402, Sec. 1. (AB 20) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.27. Contracts [67325 - 67328] SECTION 67327. Source version: id_3376e89f-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.27.&article= (a) The Department of General Services, acting for the state, shall, negotiate and establish a model contract with standard contract provisions with the Regents of the University of California and a model contract with standard contract provisions with the Trustees of the California State University by July 1, 2010. The trustees shall, and the regents are urged to, negotiate and establish with the Department of General Services the model contract applicable to their university by July 1, 2010. The Department of General Services shall seek the active participation of state agencies and departments that have contracts with the University of California or the California State University. The model contract may be revised in a manner determined by the University of California or the California State University and the Department of General Services, in consultation with state agencies and departments that have contracts with the University of California or the California State University. To the extent feasible, these standard contract provisions shall include, but not necessarily be limited to, provisions relating to all of the following: (1) Liability. (2) Intellectual property. (3) The right to undertake additional research. (4) The right to publish. (5) Hiring and other personnel-related matters. (6) Invoicing. (7) Payments. (8) Dispute resolution. (9) Travel. (10) Termination. (11) Administrative overhead and indirect costs. (b) The standard provisions in a model contract agreed upon pursuant to subdivision (a) shall be used in contracts entered into between the University of California or the California State University and the state, unless both contracting parties mutually determine that a specified standard contract provision is inappropriate or inadequate for a specified contract. (c) In implementing this section, the Department of General Services may use the services of any state agency, as that term is defined in Section 11000 of the Government Code. (d) The Department of General Services and the University of California or the California State University, in consultation with state agencies and departments that have contracts with the University of California or the California State University, may determine those types of contracts for which the use of the model contract would be inappropriate or inadequate. (e) It is not the intent of the Legislature that the model contract provisions waive the requirements of the law. (Added by Stats. 2009, Ch. 402, Sec. 1. (AB 20) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.27. Contracts [67325 - 67328] SECTION 67328. Source version: id_33775dd1-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.27.&article= The California State University and the University of California, if the University of California participates in the model contracting process created pursuant to this chapter, shall be responsible for the facilitation and associated support costs of the Department of General Services required to implement the provisions of this chapter, excluding the Department of General Services’ legal costs. (Added by Stats. 2009, Ch. 402, Sec. 1. (AB 20) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 1. Title [67329.1- 67329.1.] SECTION 67329.1. Source version: id_922a2169-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=1. This chapter shall be known, and may be cited, as the California Student Housing Revolving Loan Fund Act of 2022. (Added by Stats. 2022, Ch. 572, Sec. 2. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 2. Definitions [67329.2- 67329.2.] SECTION 67329.2. Source version: id_922a216d-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=2. As used in this chapter, unless the context requires otherwise, the following definitions apply: (a) “Allocation” means the portion of the initial California Student Housing Revolving Loan Fund Act of 2022 appropriation allocated to each designated authority to provide loans pursuant to this chapter. (b) “Authority” means, for a college applicant, the California School Finance Authority created and authorized pursuant to the California School Finance Authority Act (Chapter 18 (commencing with Section 17170) of Part 10 of Division 1 of Title 1). For a university applicant, “authority” means the California Educational Facilities Authority created and authorized pursuant to the California Educational Facilities Authority Act (Chapter 2 (commencing with Section 94100) of Part 59 of Division 10). The meaning of “authority” as used in this chapter depends on the college or university system of which the applicant is a member. (c) “Campus” means a community college district, or a campus of the University of California or the California State University. (d) “College applicant” means a community college district, or the Office of the Chancellor of the California Community Colleges on behalf of a community college district. (e) “Faculty and staff housing project” means one or more housing facilities to be occupied by faculty or staff of one or more campuses, and owned by a participating college or university or participating nonprofit entity. (f) “Fund” means the California Student Housing Revolving Loan Fund established by this chapter. (g) “Participating nonprofit entity” means an entity within the meaning of paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code. (h) “Project” means a student housing project or a faculty and staff housing project. (i) “Student housing project” means one or more housing facilities to be occupied by students of one or more campuses and owned by a participating college or university or participating nonprofit entity. These facilities are determined to be educational facilities, which also may include dining, academic and student support service spaces, and other necessary and usual attendant and related facilities and equipment. (j) “University applicant” means a campus of the University of California or the California State University, the Office of the President of the University of California on behalf of one or more campuses of the University of California, or the Office of the Chancellor of the California State University on behalf of one or more campuses of the California State University. (Added by Stats. 2022, Ch. 572, Sec. 2. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 3. The California Student Housing Revolving Loan Fund [67329.3- 67329.3.] SECTION 67329.3. Source version: id_40b4dd69-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=3. (a) (1) The California Student Housing Revolving Loan Fund is hereby established in the State Treasury to provide zero-interest loans to qualifying college and university applicants for the purpose of constructing affordable student housing and affordable faculty and staff housing. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are hereby continuously appropriated without regard to fiscal years for purposes of this chapter. (2) (A) For the 2023–24 fiscal year, the sum of two hundred million dollars ($200,000,000) is hereby appropriated from the General Fund, to be deposited in the California Student Housing Revolving Loan Fund. (B) It is the intent of the Legislature to appropriate three hundred million dollars ($300,000,000) in the 2024–25 fiscal year, three hundred million dollars ($300,000,000) in the 2025–26 fiscal year, three hundred million dollars ($300,000,000) in the 2026–27 fiscal year, three hundred million dollars ($300,000,000) in the 2027–28 fiscal year, and three hundred million dollars ($300,000,000) in the 2028–29 fiscal year, to be deposited in the California Student Housing Revolving Loan Fund. (3) Of the total amount appropriated pursuant to subparagraph (A) of paragraph (2), and intended to be appropriated pursuant to subparagraph (B) of paragraph (2), in support of this chapter, 75 percent of the available funds shall be available for University of California and California State University applicants and 25 percent of the available funds shall be available for community college applicants. (4) Notwithstanding paragraph (3), the amounts designated in paragraph (3) for the postsecondary segments may be adjusted to shift unused funds from a segment to accommodate excess demand from another segment, upon written notification by the Director of Finance to the Joint Legislative Budget Committee, and approval by the Joint Legislative Budget Committee. This written notification may be submitted 12 months after the funds for a fiscal year have been appropriated. (b) The Treasurer may pledge any or all of the moneys in the fund as security for payment of the principal of, and interest on, a particular issuance of bonds by a designated lending authority pursuant to this chapter. For that purpose, or as convenient or necessary to the accomplishment of any other purpose of this chapter, the Treasurer may divide the fund into separate accounts or subaccounts. (c) The Treasurer may invest moneys in the fund that are not required for its current needs, including proceeds from the sale of bonds, in eligible securities specified in Section 16430 of the Government Code, and may include deposit for investment in the Surplus Money Investment Fund pursuant to Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code. Notwithstanding Section 16305.7 of the Government Code, all interest or other increment resulting from the investment or deposit of moneys from the fund shall be deposited in the fund. Moneys in the fund shall not be subject to transfer to any other funds pursuant to any provision of Part 2 (commencing with Section 16300) of Division 4 of Title 2 of the Government Code, except to the Surplus Money Investment Fund. (d) If the Treasurer sells bonds for either authority that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and for the investment of earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or take any other action with respect to the investment and use of those bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Amended by Stats. 2023, Ch. 50, Sec. 5. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 4. Criteria and Process [67329.4 - 67329.51] SECTION 67329.4. Source version: id_922a4885-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=4. (a) Each authority shall develop a uniform application that includes requests for relevant information, such as project goals, costs, number of students or faculty and staff to be housed, timeline for the project, financial feasibility of the project, and other information deemed necessary for evaluation of creditworthiness and public benefit criteria established by each authority pursuant to this chapter. The applications shall be available no later than April 1, 2024, in accordance with each authority’s existing regulations or any necessary amendments, which shall be undertaken as emergency regulations, if necessary. (b) The initial preliminary applications for projects to be considered pursuant to this chapter shall be submitted to the designated authority no later than July 1, 2024. Thereafter, the authority may establish subsequent application periods, as necessary. (c) Applications may be submitted to the designated authority by college and university applicants as set forth in this chapter pursuant to the following: (1) The California Educational Facilities Authority shall consider applications from university applicants. (2) The California School Finance Authority shall consider applications from college applicants. (d) Applications shall demonstrate all of the following: (1) Construction on the project could begin by June 30, 2025, or by the earliest possible date thereafter, as stated in the application. (2) The rate for student, staff, and faculty housing supported by the fund will be below local market rental rates for comparable student, staff, and faculty housing, and may take into account the costs of utilities, food service, operations, maintenance, and other services included in the student, staff, and faculty housing rent. (3) Receipt of a loan from the authority shall result in a public benefit, such as the ability to reduce rents, serve more students, provide additional onsite student support services, or other tangible benefits that would not be practical without receipt of the loan. (4) The project will comply with the requirements of Section 67329.5. (5) The project will be owned by a participating college or university or participating nonprofit entity. (e) In the event that an authority receives or anticipates receiving more applications than its allocation of state funding can support, the authority may consider any of the following criteria in selecting projects: (1) The timeline for construction, with priority given to projects that can begin construction the earliest. (2) The campus’ unmet demand for student housing, with priority given to applicants with greater unmet demand for student housing. (3) A local match is available, with priority given to applicants with a local match. (4) When considered as a whole, the applications approved pursuant to this chapter are fairly representative of various geographical regions of the state and the University of California, the California State University, and the California Community Colleges. (Added by Stats. 2022, Ch. 572, Sec. 2. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 4. Criteria and Process [67329.4 - 67329.51] SECTION 67329.5. Source version: id_922a4887-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=4. A project financed pursuant to this chapter shall meet all of the following requirements: (a) For projects financed pursuant to this chapter that are not University of California projects, all work traditionally performed by employees of the college or university applicant shall be performed only by those employees. (b) For projects financed pursuant to this chapter that are projects of the University of California or projects benefiting the University of California, the following requirements apply: (1) As a condition of receiving money financed pursuant to this chapter, the University of California shall certify that all cleaning, maintenance, groundskeeping, food service, or other work traditionally performed by persons with University of California Service Unit (SX) job classifications shall be performed only by employees of the University of California at each beneficially affected facility, building, or other property. (2) This subdivision does not apply to, and shall not restrict the performance of, work done under contract and paid for in whole or in part out of public funds, when the work is either of the following: (A) Construction, alteration, demolition, installation, or repair work, including work performed during the design, preconstruction, and postconstruction phases of construction. (B) Carpentry, electrical, plumbing, glazing, painting, and other craft work designed to preserve, protect, or keep any publicly owned facility in a safe and continuously usable condition, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or real property as fixtures. (3) The Department of Finance shall approve new or additional money for University of California projects financed pursuant to this chapter only after the University of California has demonstrated ongoing and continuous compliance with this subdivision. A demonstration of compliance shall include a certification of compliance signed by the President of the University of California, or their duly authorized designee, indicating that at each project facility, building, or other property benefiting from money financed pursuant to this chapter the following will occur or has occurred: (A) All work specified in paragraph (1) of this subdivision will be performed exclusively by University of California employees. (B) Either of the following: (i) All work described in paragraph (1) of this subdivision has been performed exclusively by University of California employees at all times since the University of California received money for the project pursuant to this chapter. (ii) The University of California shall provide a written report detailing any noncompliance with paragraph (1) of this subdivision, specifying how many contract workers performed work at each project facility, building, or other property benefiting from money financed pursuant to this chapter, for what periods of time, and what the University of California has done to remedy the noncompliance, and, on or before February 1 of each calendar year, shall certify to the satisfaction of the Department of Finance that it has maintained subsequent compliance with paragraph (1) of this subdivision. (4) The University of California shall include the certification required pursuant to this subdivision with the certification required pursuant to subdivision (e) of Section 92495. (Added by Stats. 2022, Ch. 572, Sec. 2. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 4. Criteria and Process [67329.4 - 67329.51] SECTION 67329.51. Source version: id_104cd461-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=4. (a) For projects financed pursuant to this chapter, participating colleges and universities and participating nonprofit entities shall do all of the following: (1) At least seven days before issuing a bid solicitation for the project, send a notice of the solicitation that describes the project to the following entities within the jurisdiction of the proposed project site: (A) Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project. (B) Any organization representing contractors that may perform work necessary to complete the project. (2) Ensure that all contractors and subcontractors performing work on the project will be required to pay prevailing wages for any proposed construction, alteration, or repair in accordance with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. All of the following shall occur: (A) The participating college or university or participating nonprofit entity shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work. (B) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (C) Except as provided in subparagraph (E), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code, and make those records available for inspection and copying as provided therein. (D) Except as provided in subparagraph (E), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (E) Subparagraphs (C) and (D) shall not apply if all contractors and subcontractors performing work on the development are subject to a multicraft building trades project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (3) For projects financed pursuant to this chapter with onsite construction, alteration, or repair costs totaling twenty-five million dollars ($25,000,000) or more, seek bids containing an enforceable commitment that all contractors and subcontractors performing work on the project will use a skilled and trained workforce to perform any rehabilitation, construction, or alterations work on the project that falls within an apprenticeable occupation in the building and construction trades. (4) For the purpose of establishing a bidder pool of eligible contractors and subcontractors that satisfy the skilled and trained workforce requirements, establish a process to prequalify prime contractors and subcontractors, including, but not limited to, electrical, mechanical, and plumbing subcontractors. This process shall include, but is not limited to, all of the following requirements: (A) The participating college or university or participating nonprofit entity shall only accept bids from prime contractors that have been prequalified and listed as eligible contractors. (B) If the participating college or university or participating nonprofit entity receives at least two bids from prequalified prime contractors, the contract shall be awarded to the lowest qualified bidder and the participating college or university or participating nonprofit entity shall certify to the authority that a skilled and trained workforce will be used to perform all construction work on the development. (C) If the participating college or university or participating nonprofit entity receives fewer than two bids from prequalified prime contractors, the contract may be rebid and awarded to the lowest responsive bidder without the skilled and trained workforce requirement applying to the prime contractor’s scope of work. (D) Prime contractors shall only accept bids and list subcontractors from the prequalified list. If the prime contractor receives bids from at least 2 subcontractors in each tier listed on the prequalified list, the prime contractor shall require that the contract for that tier or scope of work will require a skilled and trained workforce. (E) If the prime contractor fails to receive at least 2 bids from subcontractors listed on the prequalified list in any tier, the prime contractor will not require that a skilled and trained workforce be used for that scope of work, and may list subcontractors that do not appear on the prequalified list. (F) The participating college or university or participating nonprofit entity shall establish minimum qualifications that are, to the maximum extent possible, quantifiable and objective. Only criterion, and minimum thresholds for any criterion, that are reasonably necessary to ensure that any bidder awarded a project can successfully complete the proposed scope shall be used by the project proponent. (G) All bids submitted by prime contractors and subcontractors shall be sealed, opened in a public process that is open to all bidders and other interested parties, and listed on the participating college’s or university’s or participating nonprofit entity’s internet website. (H) The Subletting and Subcontracting Fair Practices Act established pursuant to Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code shall apply. (5) (A) Except as provided in subparagraph (B), provide to the authority on a monthly basis while the development or contract is being performed a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the authority pursuant to this subparagraph shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection. A participating college or university or participating nonprofit entity that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund. (B) Subparagraph (A) shall not apply if all contractors and subcontractors performing work on the development are subject to a multicraft building trades project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (6) Notify the Department of Industrial Relations within five calendar days of the contract award. (b) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (Amended by Stats. 2023, Ch. 131, Sec. 45. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 5. Repayment and Bond Issuance [67329.6- 67329.6.] SECTION 67329.6. Source version: id_922a488d-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=5. (a) For each loan made by an authority, the authority shall establish a schedule of payments, the primary source of which may be lease or rent payments for occupancy of the project financed by that loan, and the sum of which shall be calculated to result in full payment of the loan within a reasonable period of time not to exceed 30 years. (b) The California Educational Facilities Authority may issue revenue bonds and enter into related agreements, and take all other actions necessary and convenient for the issuance of revenue bonds for university applicants for projects in accordance with this chapter and its authorizing statutes, as amended from time to time. (c) Each authority may use amounts deposited in the fund, including, but not limited to, loan repayments, as a source of reserve and security for the payment of principal and interest on revenue bonds, the proceeds of which are deposited in the fund or in a designated fund or account of the authority established for that purpose. The purpose of any such revenue bonds is to augment the fund. (d) (1) Notwithstanding any other law, revenue bonds issued under this chapter are not and shall not be deemed to constitute a debt or liability of the state, or any political subdivision thereof, and are not and shall not be deemed to be a pledge of the faith and credit of the state, or any political subdivision thereof, other than the authority. Revenue bonds of the authority shall be payable solely from funds provided under this chapter. (2) Each revenue bond of the authority shall include a statement on the face of the bond that neither the State of California nor the authority is obligated to pay the principal or interest thereon, except from revenues of the authority, and shall also include a statement that neither the faith or credit, nor the taxing power of the State of California, or any political subdivision, is pledged to the payment of the principal or interest of the bonds. (3) The issuance of revenue bonds under this chapter shall not directly, indirectly, or contingently obligate the state, or any political subdivision thereof, to levy or pledge any form of taxation, or make any appropriation for their payment. (Added by Stats. 2022, Ch. 572, Sec. 2. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 6. Rulemaking [67329.7- 67329.7.] SECTION 67329.7. Source version: id_922a6fa1-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=6. Each authority may adopt, amend, or repeal rules and regulations pursuant to this chapter as emergency regulations. The adoption, amendment, or repeal of these regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (Added by Stats. 2022, Ch. 572, Sec. 2. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 7. Reporting [67329.8- 67329.8.] SECTION 67329.8. Source version: id_922a6fa5-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=7. Each authority shall provide a report to the Department of Finance and the budget committees of the Assembly and Senate by March 15, 2025. The report shall include, but shall not necessarily be limited to, all of the following information: (a) The number of projects receiving loans. (b) The total dollar amount of loans made. (c) The dollar amount of the loan provided for each project. (d) The terms of the loan for each project. (Added by Stats. 2022, Ch. 572, Sec. 2. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022 [67329.1 - 67329.9] ARTICLE 8. Administrative Costs [67329.9- 67329.9.] SECTION 67329.9. Source version: id_922a6fa9-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.28.&article=8. Each authority may charge against the fund its administrative costs, which shall not exceed 3 percent of the authority’s respective allocation amount or proportion of the fund, as the fund may be augmented by revenue bonds over time. (Added by Stats. 2022, Ch. 572, Sec. 2. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 1. General Provisions [67330 - 67332] SECTION 67330. Source version: id_ff2b4641-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=1. This chapter shall be known and may be cited as the Higher Education Facilities Bond Act of 1988. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 1. General Provisions [67330 - 67332] SECTION 67331. Source version: id_ff7631f3-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=1. The Legislature finds and declares all of the following: (a) California’s economic and social prosperity relies on a higher education system that keeps pace with California’s growth. In the coming decades, the state’s economic prosperity will depend on increasing the productivity of the work force and on the ability to compete successfully in the world marketplace. (b) The system of public higher education in this state includes the University of California, the California State University, the California community colleges, and the California Maritime Academy. Each of these institutions plays a vital role in maintaining California’s dominance in higher education in the United States. (c) Over the last several years, studies have been completed by the University of California, the California State University, and the California community colleges to assess their long-term and short-term capital needs, which studies demonstrate that these needs total, in the aggregate, several billion dollars. (d) The purpose of the Higher Education Facilities Bond Act of 1988 is to assist in meeting the capital outlay financing needs of California’s public higher education system. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 1. General Provisions [67330 - 67332] SECTION 67332. Source version: id_ffc05a55-1e5d-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=1. As used in this chapter, the following terms have the following meanings: (a) “Committee” means the Higher Education Facilities Finance Committee created pursuant to Section 67353. (b) “Fund” means the 1988 Higher Education Capital Outlay Bond Fund created pursuant to Section 67333. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 2. Higher Education Facilities Bond Act Program [67333 - 67334] SECTION 67333. Source version: id_00540ed9-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=2. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1988 Higher Education Capital Outlay Bond Fund, which is hereby created. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 2. Higher Education Facilities Bond Act Program [67333 - 67334] SECTION 67334. Source version: id_009eac6b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=2. (a) The committee shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California community colleges, and the California Maritime Academy for the construction, including the construction of buildings and the acquisition of related fixtures, renovation, and reconstruction of facilities, for the acquisition of sites upon which these facilities are to be constructed, for the equipping of new, renovated, or reconstructed facilities, and to provide funds for payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings. (b) Moneys made available under Section 67340 or 67342 may be used to provide short-term loans to community colleges for the purchase of instructional equipment. Those loans shall be repaid from the first moneys available in the Capital Outlay Fund for Public Higher Education beginning in the 1989–90 fiscal year, or from proceeds of the bonds. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67335. Source version: id_0162237f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. (a) Bonds in the total amount of six hundred million dollars ($600,000,000), not including the amount of any refunding bonds issued in accordance with Section 67343, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the committee at such different times as necessary to service expenditures required by the apportionments. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67336. Source version: id_01b5e8d1-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. For purposes of the State General Obligation Bond Law, the State Public Works Board is designated the “board.” (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67337. Source version: id_02054153-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. The committee shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 67334 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67338. Source version: id_0266e955-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67339. Source version: id_02b55777-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 67340, appropriated without regard to fiscal years. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67340. Source version: id_03030249-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. For the purposes of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, together with interest at the rate paid on moneys in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67340.5. Source version: id_299a1844-1043-11dc-aaa9-8413c1335835 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1991, Ch. 652, Sec. 7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67341. Source version: id_0350860b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67342. Source version: id_039ea60d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. The board may request the Pooled Money Investment Board for a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, and may execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. The loan shall be deposited in the fund for the purpose of carrying out the provisions of this chapter. The amount of the loan shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purposes of this chapter. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.3. Higher Education Facilities Bond Act of 1988 [67330 - 67343] ARTICLE 3. Fiscal Provisions [67335 - 67343] SECTION 67343. Source version: id_0468d3df-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.3.&article=3. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance and sale or exchange of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. The approval by the electors of this state of the issuance and sale of bonds under this chapter includes approval of the issuance and sale or exchange of any bonds issued to refund either those bonds or any previously issued refunding bonds. (Added by Stats. 1988, Ch. 44, Sec. 1. Approved in Proposition 78 at the November 8, 1988, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 1. General Provisions [67345 - 67345.2] SECTION 67345. Source version: id_059768d7-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=1. This chapter shall be known and may be cited as the Higher Education Facilities Bond Act of June 1990. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 1. General Provisions [67345 - 67345.2] SECTION 67345.1. Source version: id_05e0a6d9-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=1. The Legislature finds and declares all of the following: (a) California’s economic and social prosperity relies on a higher education system that keeps pace with California’s growth. In the coming decades, the state’s economic prosperity will depend on increasing the productivity of the work force and on the ability to compete successfully in the world marketplace. (b) The system of public higher education in this state includes the University of California, the California State University, the California Community Colleges, and the California Maritime Academy. Each of these institutions plays a vital role in maintaining California’s dominance in higher education in the United States. (c) Over the last several years, studies have been completed by the University of California, the California State University, and the California Community Colleges to assess their long-term and short-term capital needs. Those studies demonstrate that the long-term and short-term needs total, in the aggregate, several billion dollars. (d) The purpose of the Higher Education Facilities Bond Act of June 1990 is to assist in meeting the capital outlay financing needs of California’s public higher education system. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 1. General Provisions [67345 - 67345.2] SECTION 67345.2. Source version: id_062c2ecb-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=1. As used in this chapter, the following terms have the following meanings: (a) “Committee” means the Higher Education Facilities Finance Committee created pursuant to Section 67353. (b) “Fund” means the June 1990 Higher Education Capital Outlay Bond Fund created pursuant to Section 67346. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 2. Higher Education Facilities Bond Act Program [67346 - 67346.5] SECTION 67346. Source version: id_06c0a69f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=2. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the June 1990 Higher Education Capital Outlay Bond Fund, which is hereby created. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 2. Higher Education Facilities Bond Act Program [67346 - 67346.5] SECTION 67346.5. Source version: id_14a933d0-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=2. (a) The committee shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California Community Colleges, the college named in Section 92200, and the California Maritime Academy for the construction, including the construction of buildings and the acquisition of related fixtures, the construction or improvement of off-campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990, renovation, and reconstruction of facilities, for the acquisition of sites upon which these facilities are to be constructed, and for the equipping of new, renovated, or reconstructed facilities, and to provide funds for payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings. The addition of the college named in Section 92200 to this section is not intended to mark a change from the funding authorizations made by Section 67354, as contained in the Higher Education Facilities Bond Act of 1986, or Section 67334, as contained in the Higher Education Facilities Bond Act of 1988, but is intended to more clearly state what was intended by the Legislature in those sections as well. (b) Moneys made available under Section 67347.5 or 67347.7 may be used to provide short-term loans to community colleges for the purchase of instructional equipment. Those loans shall be repaid from the first moneys available in the Capital Outlay Fund for Public Higher Education beginning in the 1990–91 fiscal year, or from proceeds of the bonds. (Amended by Stats. 2022, Ch. 478, Sec. 7. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347. Source version: id_07a27b25-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. (a) Bonds in the total amount of four hundred fifty million dollars ($450,000,000), not including the amount of any refunding bonds issued in accordance with Section 67347.8, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the committee at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.1. Source version: id_07eec667-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. For purposes of the State General Obligation Bond Law, except as specified in Section 67347.7, each state agency administering an appropriation of the bond fund is designated the “board” for the projects funded by those appropriations. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.2. Source version: id_083433d9-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. The committee shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 67346.5 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.3. Source version: id_08fd9e5b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which is necessary to collect that additional sum. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.4. Source version: id_0948d82d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 67347.5, appropriated without regard to fiscal years. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.5. Source version: id_098ebacf-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. For the purposes of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, together with interest at the rate paid on moneys in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this chapter. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.6. Source version: id_09d7d1c1-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.7. Source version: id_1da242b2-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. (a) The board may request the Pooled Money Investment Board for a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, and may execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. The loan shall be deposited in the fund for the purpose of carrying out the provisions of this chapter. The amount of the loan shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purposes of this chapter. (b) For the purposes of requesting Pooled Money Investment Board loans in accordance with this section, “board” means: the President of the University of California, the Dean of the college named in Section 92200, the Chancellor of the California State University, the President of the California Maritime Academy, and the Chancellor of the California Community Colleges, each acting independently on their own behalf. (Amended by Stats. 2022, Ch. 478, Sec. 8. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.8. Source version: id_0a701a25-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance and sale or exchange of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. The approval by the electors of this state of the issuance and sale of bonds under this chapter includes approval of the issuance and sale or exchange of any bonds issued to refund either those bonds or any previously issued refunding bonds. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.4. Higher Education Facilities Bond Act of June 1990 [67345 - 67347.9] ARTICLE 3. Fiscal Provisions [67347 - 67347.9] SECTION 67347.9. Source version: id_0abd01a7-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.4.&article=3. Notwithstanding any provision of this chapter or the State General Obligation Bond Law set forth in Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, if the Treasurer sells bonds pursuant to this chapter the interest on which is intended to be excluded from gross income for federal tax purposes, the Treasurer shall be authorized to maintain separate accounts for the investment of bond proceeds and the investment earnings on these proceeds, and the Treasurer shall be authorized to use or direct the use of these proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1990, Ch. 6, Sec. 1. Approved in Proposition 121 at the June 5, 1990, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67350. Source version: id_0b9e880d-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= This chapter shall be known and may be cited as the Higher Education Facilities Bond Act of 1986. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67351. Source version: id_0be83b3f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= The State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) is adopted for the purpose of the issuance, sale, and repayment of, and otherwise providing with respect to, the bonds authorized to be issued by this chapter, and the provisions of that law are hereby incorporated in this chapter as though set out in full in this chapter. All references in this chapter to “herein” shall be deemed to refer both to this chapter and that law. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67352. Source version: id_0c363331-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= As used in this chapter, and for the purposes of this chapter as used in the State General Obligation Bond Law, the following words shall have the following meanings: (a) “Board” means the State Public Works Board. (b) “Committee” means the Higher Education Facilities Finance Committee, created pursuant to Section 67353. (c) “Fund” means the Higher Education Capital Outlay Bond Fund, created pursuant to subdivision (e) of Section 67354. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67353. Source version: id_0c7f9843-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= The Higher Education Facilities Finance Committee is hereby created, consisting of the Governor, the Controller, the Treasurer, the Director of Finance, the President of the University of California, the Chancellor of the California State University, and the Chancellor of the California Community Colleges, or their designees. The Treasurer shall serve as chairperson of the committee. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67354. Source version: id_0ccb6e55-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= (a) For the purpose of funding aid to the University of California, the California State University, the California Community Colleges, and the California Maritime Academy for the construction, including the construction of buildings and the acquisition of related fixtures, renovation, and reconstruction of facilities, for the acquisition of sites upon which these facilities are to be constructed, for the equipping of new, renovated, or reconstructed facilities, which equipment shall have a useful life of at least 10 years, to provide funds for payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings, and to provide funds to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code, the committee shall be and is hereby authorized and empowered to create a debt or debts, liability or liabilities, of the State of California, in the aggregate amount of four hundred million dollars ($400,000,000) in the manner provided in this chapter, but not in excess thereof. (b) The committee shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine when the bonds authorized under this chapter shall be issued in order to fund the authorized apportionments, and the amount of the bonds to be issued and sold. (c) Up to two hundred fifty million dollars ($250,000,000) shall be available for apportionment in the 1986–87 fiscal year, and up to one hundred fifty million dollars ($150,000,000) shall be available for apportionment for the 1987–88 fiscal year, and in each subsequent fiscal year, except that the maximum aggregate debt or liability amount set forth in subdivision (a) shall not be exceeded. (d) Pursuant to this section, the Treasurer shall sell the bonds authorized by the committee at such different times as necessary to service expenditures required by the apportionments. (e) The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Higher Education Capital Outlay Bond Fund, which is hereby created in the State Treasury. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67354.5. Source version: id_0d941587-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= The proceeds of the bonds may also be used to provide short-term loans to community colleges for the purchase of instructional equipment. Those loans shall be repaid from the first moneys available in the Capital Outlay Fund for Public Higher Education beginning in the 1987–88 fiscal year. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67355. Source version: id_0ddeb319-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= All bonds herein authorized, which shall have been duly sold and delivered as herein provided, shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereof. There shall be collected annually in the same manner and at the same time as other state revenue is collected a sum, in addition to the ordinary revenues of the state, as is required to pay the principal and interest on the bonds as herein provided, and it is hereby made the duty of all officers charged by law with any duty in regard to the collection of the revenue, to do and perform each and every act which is necessary to collect the additional sum. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67356. Source version: id_0e27a2fb-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= There is hereby appropriated from the General Fund in the State Treasury for the purpose of this chapter, an amount that will equal the following: (a) The sum annually as will be necessary to pay the principal of and the interest on the bonds issued and sold pursuant to the provisions of this chapter, as the principal and interest become due and payable. (b) The sum as is necessary to carry out Section 67357, which sum is appropriated without regard to fiscal years. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67357. Source version: id_0e7303dd-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= For the purposes of carrying out the provisions of this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which the committee has by resolution authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund to be allocated by the board in accordance with this chapter. Any moneys made available under this section to the board shall be returned by the board to the General Fund, together with interest in the amount that those moneys would have earned in the Pooled Money Investment Account, which repayment shall be made from moneys received from the sale of bonds sold for the purpose of carrying out this chapter. (Added by Stats. 1986, Ch. 424, Sec. 2. Approved in Proposition 56 at the November 4, 1986, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.5. Higher Education Facilities Bond Act of 1986 [67350 - 67357.5] SECTION 67357.5. Source version: id_fd6f078b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.5.&article= Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by renumbering Section 67358 (as added by Stats. 1991, Ch. 652) by Stats. 1993, Ch. 589, Sec. 52. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 1. General Provisions [67358 - 67358.2] SECTION 67358. Source version: id_0fa1e6f5-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=1. This chapter shall be known and may be cited as the Higher Education Facilities Bond Act of June 1992. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 1. General Provisions [67358 - 67358.2] SECTION 67358.1. Source version: id_26b4a5f4-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=1. The Legislature finds and declares all of the following: (a) California’s economic and social prosperity relies on a higher education system that keeps pace with California’s growth. In the coming decades, the state’s economic prosperity will depend on increasing the productivity of the work force and on the ability to compete successfully in the world marketplace. (b) The system of public higher education in this state includes the University of California containing 9 campuses, the California State University containing 20 campuses, the California Community Colleges consisting of 71 districts containing 107 campuses, the college named in Section 92200, the California Maritime Academy, and their respective off-campus centers. Each of these institutions plays a vital role in maintaining California’s dominance in higher education in the United States. (c) Over the last several years, studies have been completed by the University of California, the California State University, and the California Community Colleges to assess their long-term and short-term capital needs. Those studies demonstrate that the long-term and short-term needs total, in the aggregate, several billion dollars. (d) The purpose of the Higher Education Facilities Bond Act of June 1992 is to assist in meeting the capital outlay financing needs of California’s public higher education system. (Amended by Stats. 2022, Ch. 478, Sec. 9. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 1. General Provisions [67358 - 67358.2] SECTION 67358.2. Source version: id_1038a8b9-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=1. As used in this chapter, the following terms have the following meanings: (a) “Committee” means the Higher Education Facilities Finance Committee created pursuant to Section 67353. (b) “Fund” means the 1992 Higher Education Capital Outlay Bond Fund created pursuant to Section 67358.3. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 2. Higher Education Facilities Bond Act Program [67358.3 - 67358.4] SECTION 67358.3. Source version: id_10cbc0fd-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=2. The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the 1992 Higher Education Capital Outlay Bond Fund, which is hereby created. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 2. Higher Education Facilities Bond Act Program [67358.3 - 67358.4] SECTION 67358.4. Source version: id_2fe147f6-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=2. The committee shall be and is hereby authorized to create a debt or debts, liability or liabilities, of the State of California pursuant to this chapter for the purpose of funding aid to the University of California, the California State University, the California Community Colleges, the college named in Section 92200, and the California Maritime Academy for the construction, including the construction of buildings and the acquisition of related fixtures; the equipping of new, renovated, or reconstructed facilities; funding for the payment of preconstruction costs, including, but not limited to, preliminary plans and working drawings; renovation and reconstruction of facilities; and the construction or improvement of off-campus facilities of the California State University approved by the Trustees of the California State University on or before July 1, 1990, including the acquisition of sites upon which these facilities are to be constructed. The addition of the college named in Section 92200 to this section is not intended to mark a change from the funding authorizations made by Section 67354, as contained in the Higher Education Facilities Bond Act of 1986, or Section 67334, as contained in the Higher Education Facilities Bond Act of 1988, but is intended to state more clearly what was intended by the Legislature in those sections as well. (Amended by Stats. 2022, Ch. 478, Sec. 10. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67358.5. Source version: id_11aece03-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. (a) Bonds in the total amount of nine hundred million dollars ($900,000,000), not including the amount of any refunding bonds issued in accordance with Section 67359.3, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become due and payable. (b) Pursuant to this section, the Treasurer shall sell the bonds authorized by the committee at any different times necessary to service expenditures required by the apportionments. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67358.6. Source version: id_127aa985-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law shall apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. For purposes of the State General Obligation Bond Law, each state agency administering an appropriation of the bond fund is designated as the “board” for projects funded by those appropriations. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67358.7. Source version: id_12c52007-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. The committee shall authorize the issuance of bonds under this chapter only to the extent necessary to fund the apportionments that are expressly authorized by the Legislature in the annual Budget Act. Pursuant to that legislative direction, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 67358.4 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67358.8. Source version: id_130f9689-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67358.9. Source version: id_135a341b-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum necessary to carry out the provisions of Section 67359, appropriated without regard to fiscal years. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67359. Source version: id_13a594fd-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. (a) For the purposes of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized by the committee to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, together with interest at the rate paid on moneys in the Pooled Money Investment Account, from money received from the sale of bonds for the purpose of carrying out this chapter. (b) No funds shall be expended pursuant to this chapter for the acquisition and development of new campuses that would increase the number of campuses designated in Section 67358.1. (c) Any request forwarded to the Legislature and the Department of Finance for funds from this bond issue for expenditure for the purposes described in Section 67358.4 by the University of California, the California State University, or the California Community Colleges shall be accompanied by the five-year capital outlay plan of the particular university or college and shall include a schedule that prioritizes the seismic retrofitting needed to significantly reduce, by the 2000-01 fiscal year, in the judgment of the particular university or college, seismic hazards in buildings identified as high priority by the university or college. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67359.1. Source version: id_13ecb01f-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67359.2. Source version: id_14315a41-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. The board may request the Pooled Money Investment Board for a loan from the Pooled Money Investment Account, in accordance with Section 16312 of the Government Code, and may execute those documents required by the Pooled Money Investment Board to obtain and repay the loan. The loan shall be deposited in the fund for the purpose of carrying out the provisions of this chapter. The amount of the loan shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purposes of this chapter. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67359.3. Source version: id_147a9843-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. Any bonds issued and sold pursuant to this chapter may be refunded by the issuance and sale or exchange of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. The approval by the electors of this state of the issuance and sale of bonds under this chapter includes approval of the issuance and sale or exchange of any bonds issued to refund either those bonds or any previously issued refunding bonds. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67359.4. Source version: id_14c49995-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. Notwithstanding any provision of this chapter or the State General Obligation Bond Law set forth in Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, if the Treasurer sells bonds pursuant to this chapter that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and the investment earnings on these proceeds, and the Treasurer shall be authorized to use or direct the use of these proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.6. Higher Education Facilities Bond Act of June 1992 [67358 - 67359.5] ARTICLE 3. Fiscal Provisions [67358.5 - 67359.5] SECTION 67359.5. Source version: id_150ced37-1e5e-11dc-97ae-b9bf12810e45 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.6.&article=3. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 1992, Ch. 13, Sec. 1. Approved in Proposition 153 at the June 2, 1992, election.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 14.9. Bond Fund Transfers [67359.20- 67359.20.] SECTION 67359.20. Source version: id_fd7cc372-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=14.9.&article= Any funds from the 1988 Higher Education Capital Outlay Bond Fund, the June 1990 Higher Education Capital Outlay Bond Fund, and the 1992 Higher Education Capital Outlay Bond Fund, not to exceed a combined total of seventy-five million dollars ($75,000,000), are hereby appropriated to the Director of Finance for allocation to the University of California, the California State University, and the California Community Colleges to meet the timely allocation of matching grants to repair, replace, reconstruct, renovate, or retrofit on-campus buildings or facilities, including utilities, and streets and roads that were damaged in the Northridge earthquake of January 17, 1994. (Amended by Stats. 2001, Ch. 745, Sec. 34. Effective October 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15. Student Athletes [67360 - 67365] SECTION 67360. Source version: id_fd7cc376-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.&article= (a) Except as provided in subdivision (b), no person shall give, offer, promise, or attempt to give any money or other thing of value to any particular student athlete or member of the immediate family of the student athlete for either of the following purposes: (1) To induce, encourage, or reward the student athlete’s application, enrollment, or attendance, at a public or private institution of postsecondary education in order to have the athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution. (2) To induce, encourage, or reward the student athlete’s participation in an intercollegiate sporting event, contest, exhibition, or program. No person shall aid and abet any act described in this subdivision. (b) This section does not apply to any public or private institution of postsecondary education or to any officer or employee of that institution when the institution, officer, or employee is acting in accordance with an official written policy of that institution which is in compliance with the bylaws of the National Collegiate Athletic Association; or to any intercollegiate athletic awards approved or administered by the student athlete’s institution; or to any other student of that institution; or to any member of the immediate family of the student athlete. (c) For purposes of this section, the following definitions apply: (1) “Immediate family” means the student athlete’s spouse, child, parent, stepparent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any of those persons, or guardian of any of those persons. (2) “Student athlete” means a student at a public or private institution of postsecondary education who engages in, is eligible to engage, or may be eligible to engage, in, any intercollegiate sporting event, contest, exhibition, or program, or an individual who has applied, is eligible to apply, or may be eligible to apply in the future to a public or private institution of postsecondary education. (d) Except as provided in subdivision (b), any person who engages in conduct knowing or having reason to know that such conduct is in violation of subdivision (a) shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000), or three times the amount given, offered, or promised to the student athlete or immediate family member of the athlete, whichever is greater. The district attorney of any county in which a violation occurs shall enforce this chapter. (Added by Stats. 1986, Ch. 902, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15. Student Athletes [67360 - 67365] SECTION 67361. Source version: id_fd7cc378-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.&article= (a) Except as provided in subdivision (b), no student athlete or member of his or her immediate family, as defined by subdivision (c) of Section 67360, shall solicit or accept any money or other thing of value as an inducement, encouragement, or reward, the giving of which is in violation of subdivision (a) of Section 67360. No person shall aid and abet any act described in this subdivision. (b) This section does not apply to any student athlete who receives any money or other thing of value from a public or private institution or officers or employees of that institution, offered in accordance with an official written policy of that institution, which is in compliance with the bylaws of the National Collegiate Athletic Association; or from any other student of that institution; or from any member of the immediate family of the student athlete; nor shall this section apply to any student athlete who receives any intercollegiate athletic award approved or administered by that institution. (c) Except as provided in subdivision (b), any person who engages in conduct knowing or having reason to know that such conduct is in violation of subdivision (a) shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) or an amount equal to the amount accepted by the student athlete or immediate family member, whichever is greater. The district attorney of any county in which a violation occurs shall enforce this chapter. (Added by Stats. 1986, Ch. 902, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15. Student Athletes [67360 - 67365] SECTION 67362. Source version: id_0b9c7651-fcea-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.&article= (a) Notwithstanding Section 78223 or any other provision of law, no student athlete enrolled at any campus of the University of California, the California State University, or the California Community Colleges may participate as a member of any intercollegiate athletic team, or as a participant in any intercollegiate athletic event, except in a manner available to the general public, if he or she, at any time after his or her enrollment as a college or university student, is prosecuted as an adult and is convicted of a violation of Section 187, 209, 210, 211, 220, 243.8, 245, 261, 262, 264.1, 286, 287, 288, 288.5, 289, or 459 of, or former Section 288a of, or is convicted of attempted murder pursuant to subdivision (a) of Section 664 of, the Penal Code. (b) An institution to which this section applies may rely upon the declaration of a student athlete to determine his or her eligibility for participation in intercollegiate athletics with respect to the requirements of this section. Any declaration obtained from a student athlete pursuant to this subdivision shall contain a notice advising the student that he or she may be subject to disciplinary action, including, but not limited to, suspension, dismissal, or expulsion, if the student knowingly provides false information in the declaration. An institution to which this section applies may, at the discretion of its appropriate administrators, seek independent confirmation of the truth of any and all of the statements of a student athlete taken pursuant to this subdivision. (c) A student convicted of a violation of any of the Penal Code sections listed in subdivision (a) is eligible to participate as a member of an intercollegiate athletic team after he or she successfully completes the entire term of his or her probation or successfully completes his or her assigned prison term and parole period, if any. (d) A student who knowingly provides a false declaration pursuant to subdivision (b) may be subject to disciplinary action under Section 66017 of the Education Code. (Amended by Stats. 2018, Ch. 423, Sec. 14. (SB 1494) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15. Student Athletes [67360 - 67365] SECTION 67365. Source version: id_a5dc6906-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.&article= (a) For purposes of this section, the following definitions shall apply: (1) “Athletic program” means any intercollegiate athletic program from a California postsecondary educational institution that solicits student athletes to apply, enroll, or attend the postsecondary educational institution in order to have the student athlete participate in intercollegiate sporting events, contests, exhibitions, or programs at that institution. (2) “Student athlete” means an individual who attends an elementary, junior high, high school, or postsecondary educational institution, and who participates in any interscholastic athletic program in California, including an individual who receives scholarship funds for his or her athletic participation and an individual who does not receive scholarship funds for his or her athletic participation. (b) Commencing January 1, 2012, a California postsecondary educational institution that offers athletic scholarships to student athletes shall provide all of the following information on its Internet Web site: (1) All of the following athletic scholarship information: (A) The most recent cost of attendance expenses as published by the postsecondary educational institution’s financial aid offices for the academic year and for the summer year. (B) The sum of expenses identified in subparagraph (A) that are prohibited from inclusion in a full grant-in-aid athletic scholarship pursuant to the National Collegiate Athletic Association’s (NCAA) rules and regulations. (C) The policy of the postsecondary educational institution’s athletic program as to whether student athletes will receive athletic scholarships for summer school, and, if so, whether these scholarships are proportional to athletic scholarships received during the regular academic school year. (D) The average monthly full grant-in-aid athletic scholarship payment received by student athletes who live on-campus and off-campus, respectively, during the regular academic year and summer school session. (E) The following information relating to NCAA scholarship rules: “Pursuant to NCAA rules, a verbal commitment is not binding on either the student athlete or the institution. The National Letter of Intent is a binding agreement between a prospective student athlete and an institution in which the institution agrees to provide a prospective student athlete who is admitted to the institution and is eligible for financial aid under NCAA rules athletics aid for one academic year in exchange for the prospective student athlete’s agreement to attend the institution for one academic year. The National Letter of Intent must be accompanied by an institutional financial aid agreement. If the prospective student athlete signs the National Letter of Intent but does not enroll at that institution for a full academic year, he or she may be subject to specific penalties, including loss of a season of eligibility and a mandatory residence requirement.” (2) All of the following athletic scholarship renewal information: (A) The NCAA’s policy on scholarship duration. (B) The policy of the postsecondary educational institution’s athletic program concerning the renewal or nonrenewal of an athletic scholarship, including circumstances in which a student athlete in good standing suffers a temporary or permanent sports-related injury, there is a coaching change, or a student athlete’s athletic performance is deemed to be below expectations. (3) All of the following athletically related medical expenses information: (A) The NCAA’s policy on whether athletic programs are mandated to pay for athletically related medical expenses. (B) The policy of the postsecondary educational institution’s athletic program on whether it will pay for student athletes’ athletically related medical expenses, including deductibles, copayments, coinsurance, and whether the program will pay for athletically related medical expenses that exceed any maximum insurance coverage limits. (C) The policy of the institution’s athletic program concerning who is required to pay for any required athletically related insurance premiums for student athletes who do not have such insurance. (D) The duration of time the postsecondary educational institution’s athletic program continues to pay for athletically related medical expenses after a student athlete’s athletic eligibility expires. (E) Whether or not an athletic program’s medical policy covers expenses associated with attaining a second medical opinion for an athletically related injury from a medical physician who is not associated with the athletic program, and whether the athletic program provides coverage for services received from such a physician. (4) All of the following athletic release information: (A) The NCAA policy on whether an athletic program may refuse to grant an athletic release to a student athlete who wishes to transfer to another postsecondary educational institution. (B) The policy of the postsecondary educational institution’s athletic program concerning whether it may use any power to refuse to grant an athletic release for a student athlete who wishes to transfer to another postsecondary educational institution. (c) Commencing January 1, 2012, a California postsecondary educational institution that provides, by any delivery method, written material regarding its athletic program to a student athlete shall include a direct link to the institution’s Internet Web site, where the student athlete shall be able to access all of the information regarding the institution’s athletic scholarship program as described in subdivision (b). (Amended by Stats. 2012, Ch. 16, Sec. 1. (AB 1743) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67380. Source version: id_38e5ef98-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) Except as provided in subparagraph (C) of paragraph (6), the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance shall do all of the following: (1) Require the appropriate officials at each campus within their respective jurisdictions to compile records of both of the following: (A) All occurrences reported to campus police, campus security personnel, or campus safety authorities of, and arrests for, crimes that are committed on campus and that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication. (B) All occurrences of noncriminal acts of hate violence reported to, and for which a written report is prepared by, designated campus authorities. (2) Require any written record of a noncriminal act of hate violence to include, but not be limited to, the following: (A) A description of the act of hate violence. (B) Victim characteristics. (C) Offender characteristics, if known. (3) (A) Make the information concerning the crimes compiled pursuant to subparagraph (A) of paragraph (1) available within two business days following the request of any student or employee of, or applicant for admission to, any campus within their respective jurisdictions, or to the media, unless the information is the type of information exempt from disclosure pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, in which case the information is not required to be disclosed. Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the name or any other personally identifying information of a victim of any crime defined by Section 243.4, 261, 262, 264, 264.1, 273a, 273d, 273.5, 286, 287, 288, 289, 422.6, 422.7, or 422.75 of, or former Section 288a of, the Penal Code shall not be disclosed without the permission of the victim, or the victim’s parent or guardian if the victim is a minor. (B) For purposes of this paragraph and subparagraph (A) of paragraph (1), the campus police, campus security personnel, and campus safety authorities described in subparagraph (A) of paragraph (1) shall be included within the meaning of “state or local police agency” and “state and local law enforcement agency,” as those terms are used in Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. (4) Require the appropriate officials at each campus within their respective jurisdictions to prepare, prominently post, and copy for distribution on request, a campus safety plan that sets forth all of the following: the availability and location of security personnel, methods for summoning assistance of security personnel, any special safeguards that have been established for particular facilities or activities, any actions taken in the preceding 18 months to increase safety, and any changes in safety precautions expected to be made during the next 24 months. For purposes of this section, posting and distribution may be accomplished by including relevant safety information in a student handbook or brochure that is made generally available to students. (5) Require the appropriate officials at each campus within their respective jurisdictions to report information compiled pursuant to paragraph (1) relating to hate violence to the governing board, trustees, board of directors, or regents, as the case may be. The governing board, trustees, board of directors, or regents, as the case may be, shall, upon collection of that information from all of the campuses within their jurisdiction, make a report containing a compilation of that information available to the general public on the internet website of each respective institution. It is the intent of the Legislature that the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, the Regents of the University of California, and the governing board of any postsecondary educational institution receiving public funds for student financial assistance establish guidelines for identifying and reporting occurrences of hate violence. It is the intent of the Legislature that the guidelines established by these institutions of higher education be as consistent with each other as possible. These guidelines shall be developed in consultation with the Civil Rights Department and the California Association of Human Relations Organizations. (6) (A) Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, require any report made by a victim or an employee pursuant to Section 67383 of a Part 1 violent crime, sexual assault, or hate crime, as described in Section 422.55 of the Penal Code, received by a campus security authority and made by the victim for purposes of notifying the institution or law enforcement, to be immediately, or as soon as practicably possible, disclosed to the local law enforcement agency with which the institution has a written agreement pursuant to Section 67381 without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld. If the victim does not consent to being identified, the alleged assailant shall not be identified in the information disclosed to the local law enforcement agency, unless the institution determines both of the following, in which case the institution shall disclose the identity of the alleged assailant to the local law enforcement agency and shall immediately inform the victim of that disclosure: (i) The alleged assailant represents a serious or ongoing threat to the safety of students, employees, or the institution. (ii) The immediate assistance of the local law enforcement agency is necessary to contact or detain the assailant. (B) The requirements of this paragraph shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information. (C) This paragraph applies only as a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42. (b) Any person who is refused information required to be made available pursuant to subparagraph (A) of paragraph (1) of subdivision (a) may maintain a civil action for damages against any institution that refuses to provide the information, and the court shall award that person an amount not to exceed one thousand dollars ($1,000) if the court finds that the institution refused to provide the information. (c) For purposes of this section: (1) “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group. (2) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. (3) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these. (d) This section does not apply to the governing board of a private postsecondary educational institution receiving funds for student financial assistance with a full-time enrollment of less than 1,000 students. (e) This section shall apply to a campus of one of the public postsecondary educational systems identified in subdivision (a) only if that campus has a full-time equivalent enrollment of more than 1,000 students. (f) Notwithstanding any other provision of this section, this section shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this section. (Amended (as amended by Stats. 2022, Ch. 48, Sec. 10) by Stats. 2022, Ch. 478, Sec. 11. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67381. Source version: id_0357af33-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. (b) The Trustees of the California State University, the Regents of the University of California, and the governing board of independent postsecondary institutions, as defined, shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes, sexual assaults, and hate crimes occurring on each campus. (c) Local law enforcement agencies shall enter into written agreements with campus law enforcement agencies if there are college or university campuses of the governing entities specified in subdivision (b) located in the jurisdictions of the local law enforcement agencies. (d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime, sexual assault, and hate crime, and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary. (e) A written agreement entered into pursuant to this section shall be reviewed, updated if necessary, and made available for public viewing by July 1, 2016, and every five years thereafter. (f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement. (g) Nothing in this section shall affect existing written agreements between campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law. (h) Nothing in this section shall be construed to limit the authority of campus law enforcement agencies to provide police services to their campuses. (i) As used in this section, the following terms have the following meanings: (1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located. (2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. (3) “Hate crime” means any offense described in Section 422.55 of the Penal Code. (4) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of any of these. (5) “Independent postsecondary institutions” means institutions operating pursuant to Section 830.6 of the Penal Code or pursuant to a memorandum of understanding as described in subdivision (b) of Section 830.7 of the Penal Code. (j) This section shall be known and may be cited as the Kristin Smart Campus Safety Act of 1998. (k) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on university and college campuses by setting minimum standards for written agreements to be entered into by campus law enforcement agencies and local law enforcement agencies. (Amended by Stats. 2015, Ch. 701, Sec. 1. (AB 913) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67381.1. Source version: id_f0b4a01d-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) The Legislature reaffirms that campus law enforcement agencies have the primary authority for providing police or security services, including the investigation of criminal activity, to their campuses. (b) The governing board of each community college district shall adopt rules requiring each of their respective campuses to enter into written agreements with local law enforcement agencies that clarify operational responsibilities for investigations of Part 1 violent crimes occurring on each campus. (c) Local law enforcement agencies shall enter into written agreements with community college campus law enforcement agencies if there are community college campuses located in the jurisdictions of the local law enforcement agencies. (d) Each written agreement entered into pursuant to this section shall designate which law enforcement agency shall have operational responsibility for the investigation of each Part 1 violent crime and delineate the specific geographical boundaries of each agency’s operational responsibility, including maps as necessary. (e) Written agreements regarding community college law enforcement agencies entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, shall be available for public viewing. (f) Each agency shall be responsible for its own costs of investigation unless otherwise specified in a written agreement. (g) Nothing in this section shall affect existing written agreements between community college campus law enforcement agencies and local law enforcement agencies that otherwise meet the standards contained in subdivision (d) or any existing mutual aid procedures established pursuant to state or federal law. (h) Nothing in this section shall be construed to limit the authority of community college campus law enforcement agencies to provide police services to their campuses. (i) As used in this section, the following terms have the following meanings: (1) “Local law enforcement agencies” means city or county law enforcement agencies with operational responsibilities for police services in the community in which a campus is located. (2) “Part 1 violent crimes” means willful homicide, forcible rape, robbery, and aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. (j) It is the intent of the Legislature by enacting this section to provide the public with clear information regarding the operational responsibilities for the investigation of crimes occurring on community college campuses by setting minimum standards for written agreements to be entered into by community college campus law enforcement agencies and local law enforcement agencies. (k) (1) Upon the governing board of a community college district adopting a rule requiring each of its campuses to update an agreement entered into pursuant to this section or pursuant to Section 67381 as that section read before January 1, 2016, the governing board of the community college district shall be treated as a governing entity specified in subdivision (b) of Section 67381 and the community college district and its campuses shall be subject to the requirements of Section 67381 instead of this section. (2) The Legislature encourages the governing board of each community college district to adopt a rule requiring each of its respective campuses to update these agreements. (Added by Stats. 2015, Ch. 701, Sec. 2. (AB 913) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67382. Source version: id_86a40730-ca36-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) (1) On or before January 1, 2004, and every three years thereafter, the State Auditor shall report the results of an audit of a sample of not less than six institutions of postsecondary education in California that receive federal student aid. The audit shall do both of the following: (A) Evaluate the accuracy of the institutions’ statistics and the procedures used by the institutions to identify, gather, and track data for publishing, disseminating, and reporting accurate crime statistics in compliance with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)(1) and (5)). (B) Evaluate the institutions’ compliance with state law governing crime reporting and the development and implementation of policies and procedures pursuant to this chapter. (2) The results of the annual audits described in paragraph (1) shall be submitted to the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education. (b) The Legislature finds and declares that institutions of higher education that are subject to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)(1) and (5)) should establish and publicize a policy that allows victims or witnesses to report crimes to the campus police department or to a specified campus security authority, on a voluntary, confidential, or anonymous basis. (Amended by Stats. 2016, Ch. 222, Sec. 1. (AB 1654) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67382.1. Source version: id_54fdb548-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) On or before September 1, 2026, and every three years thereafter, the California State Auditor shall report the results of an audit of the ability of the California State University and the University of California to address and prevent sexual harassment on campus. The audit for each institution shall do all of the following: (1) Evaluate the systemwide policies and practices on sexual harassment and determine whether the policies and practices are consistent with federal and state law and best practices. (2) Evaluate the efforts of the systemwide office to provide consistency in, and oversight of, how campuses within the respective system respond to complaints of sexual harassment and determine if the efforts of the systemwide office are adequate to prevent, detect, and address sexual harassment and are consistent with federal and state law and best practices. (3) Evaluate two campuses from the California State University and two campuses from the University of California on all of the following: (A) Whether existing campus policies and practices are adequate to detect, address, and prevent the reoccurrence of sexual harassment. (B) Whether existing campus policies and practices are consistent with federal and state law and best practices. (C) Whether the investigatory process for sexual harassment complaints can be improved. (D) For sexual harassment complaints that are substantiated following an investigation, analyze selected complaints within two years of the audit’s initial date to assess whether the discipline administered was proportional to the conduct, effectively deterred future harassment, and was consistent. (4) Review and assess any other issues that are significant to the audit, including identifying any changes that might result in improvements in the ability of the California State University and the University of California to address and prevent sexual harassment on campus. (b) Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall report the findings of each audit conducted pursuant to subdivision (a) to the respective chairs of the Assembly Committee on Higher Education, the Senate Committee on Education, and the Joint Legislative Audit Committee, consistent with the requirements of Section 9795 of the Government Code. (c) For purposes of this section, the following definitions apply: (1) “Sexual harassment” has the same definition as in Section 66262.5. (2) “Systemwide office” means the office of the Chancellor of the California State University or the office of the President of the University of California. (d) This section shall remain in effect only until January 1, 2036, and as of that date is repealed. (Added by Stats. 2024, Ch. 830, Sec. 1. (AB 2407) Effective January 1, 2025. Repealed as of January 1, 2036, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67382.2. Source version: id_5a291a5a-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) On or before September 1, 2028, and every five years thereafter, the California State Auditor shall report the results of an audit of a sample of no less than three community college districts. The audit shall evaluate all of the following: (1) Whether each community college district’s policies and practices are adequate to detect, address, and prevent the reoccurrence of sexual harassment. (2) Whether each community college district’s policies and practices are consistent with federal and state law and best practices. (3) Whether the investigatory process for sexual harassment complaints can be improved. (4) For sexual harassment complaints that are substantiated following an investigation, analyze selected complaints within two years of the audit’s initial date to assess whether the discipline administered was proportional to the conduct, effectively deterred future harassment, and was consistent. (b) Notwithstanding Section 10231.5 of the Government Code, the California State Auditor shall report the findings of each audit conducted pursuant to subdivision (a) to the respective chairs of the Assembly Committee on Higher Education, the Senate Committee on Education, and the Joint Legislative Audit Committee, consistent with the requirements of Section 9795 of the Government Code. (c) This section shall remain in effect only until January 1, 2044, and as of that date is repealed. (Added by Stats. 2024, Ch. 830, Sec. 2. (AB 2407) Effective January 1, 2025. Repealed as of January 1, 2044, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67383. Source version: id_c3ee78bd-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) As a condition for participation in the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 96430) of Part 42, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing board of each private and independent postsecondary institution shall, on or before July 1, 2015, adopt and implement written policies and procedures to ensure that any report of a Part 1 violent crime, sexual assault, or hate crime, committed on or off campus, received by a campus security authority, as defined pursuant to Section 668.46 of Title 34 of the Code of Federal Regulations, as that section existed on May 15, 2014, and made by the victim for purposes of notifying the institution or law enforcement, is immediately, or as soon as practicably possible, forwarded to the appropriate law enforcement agency. (b) Notwithstanding Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code, the report shall be forwarded to the appropriate law enforcement agency without identifying the victim, unless the victim consents to being identified after the victim has been informed of the victim’s right to have the victim’s personally identifying information withheld. (c) For purposes of this section, the appropriate law enforcement agency shall be a campus law enforcement agency if one has been established on the campus where the report was made. If no campus law enforcement agency has been established, the report shall be immediately, or as soon as practicably possible, forwarded to a local law enforcement agency. (d) For purposes of this section: (1) “Hate crime” means any offense as described in Section 422.55 of the Penal Code. (2) “Local law enforcement agency” means a city or county law enforcement agency with operational responsibilities for police services in the community in which a campus is located. (3) “On or off campus” means the campus and any noncampus building or property as defined in Section 668.46 of Title 34 of the Code of Federal Regulations, as that section existed on May 15, 2014. (4) “Part 1 violent crime” means willful homicide, forcible rape, robbery, or aggravated assault, as defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigation. (5) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or the threat of any of these. (e) The requirements of this section shall not constitute a waiver of, or exception to, any law providing for the confidentiality of information. (Amended by Stats. 2021, Ch. 615, Sec. 75. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67384. Source version: id_cc3082e6-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, do both of the following: (1) In collaboration with campus-based and community-based recovery advocacy organizations, provide, as part of established campus orientations, educational and preventive information provided by the State Department of Public Health about opioid overdose and information about the use and location of fentanyl test strips and opioid overdose reversal medication to students at all campuses of their respective segments. (2) Notify, by sending an email at the beginning of each academic semester or term, students of the presence and location of fentanyl test strips and opioid overdose reversal medication. (b) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, require that each campus health center located on a campus within their respective segments do all of the following: (1) Apply to use the statewide standing order issued by the State Public Health Officer to distribute dosages of a federally approved opioid overdose reversal medication, and to participate in the Naloxone Distribution Project administered by the State Department of Health Care Services. (2) Upon approval for use of the statewide standing order and participation in the Naloxone Distribution Project, distribute a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions. (3) Stock fentanyl test strips in the campus health center and distribute the fentanyl test strips through the campus health center. Written instructions on how to properly use the fentanyl test strips shall be distributed together with the fentanyl test strips. (Amended by Stats. 2024, Ch. 942, Sec. 1. (AB 1841) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67384.5. Source version: id_5f80bf8c-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) The governing board of each community college district and the Trustees of the California State University shall do all of the following: (1) Notify students, by sending an email at the beginning of each academic semester or term, that each residential advisor and house manager, or the equivalent position, has received opioid overdose prevention and treatment training consistent with Naloxone Distribution Project terms and conditions. (2) Require that each campus train all students who live on campus on the use of opioid overdose reversal medication during student orientation for each academic semester or term. (3) Require that each campus health center located on a campus within their respective segments distribute, at the beginning of each academic semester or term, two doses of a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions, to each university- or college-affiliated student housing facility and each university- or college-affiliated fraternity or sorority facility. (4) Require each university- or college-affiliated student housing facility to maintain unexpired doses of the opioid overdose reversal medication in two different accessible locations in a lockable, emergency-breakable box and ensure that each residential advisor, or the equivalent position, and each resident are aware of the locations of the lockable, emergency-breakable boxes. (5) Require each university- or college-affiliated fraternity or sorority facility to maintain unexpired doses of the opioid overdose reversal medication in an accessible location and ensure that each house manager, or the equivalent position, is aware of the location of the opioid overdose reversal medication. (6) (A) Ensure that each residential advisor and each house manager, or the equivalent positions, receives opioid overdose prevention and treatment training consistent with Naloxone Distribution Project terms and conditions. (B) The training required by subparagraph (A) shall include instruction that, at the beginning of each academic semester or term, each residential advisor and house manager, or the equivalent positions, shall inform students that they have training to use opioid overdose reversal medication and access to it in the event of an overdose. (b) The institution’s primary concern in implementing paragraphs (4) and (5) of subdivision (a) shall be student safety. Disciplinary measures shall not be imposed for any violation of the institution’s student conduct policy regarding drug possession, use, or treatment that occurs at or near the time of the incident where the residential advisor or house manager, or the equivalent position, or resident administers a dose of a federally approved opioid overdose reversal medication obtained through the Naloxone Distribution Project in accordance with its terms and conditions. (Added by Stats. 2024, Ch. 942, Sec. 2. (AB 1841) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67385. Source version: id_3d2d363a-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) The governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, and the Regents of the University of California shall each adopt, and implement at each of their respective campuses or other facilities, a written procedure or protocols to ensure, to the fullest extent possible, that students, faculty, and staff who are victims of sexual assault or domestic violence committed at or upon locations, including, but not limited to, the grounds of the institution, off-campus grounds or facilities maintained by the institution, or grounds or facilities maintained by affiliated student organizations, shall receive treatment and information. If appropriate on-campus treatment facilities are unavailable, the written procedure or protocols may provide for referrals to local community treatment centers. (b) The written procedure or protocols adopted pursuant to subdivision (a) shall contain at least the following information: (1) The college policy regarding sexual assault on campus. (2) Personnel on campus who should be notified, and procedures for notification, with the consent of the victim. (3) Legal reporting requirements, and procedures for fulfilling them. (4) Services available to victims, and personnel responsible for providing these services, such as the person assigned to transport the victim to the hospital, to refer the victim to a counseling center, and to notify the police, with the victim’s concurrence. (5) A description of campus resources available to victims, as well as appropriate off-campus services. (6) Procedures for ongoing case management, including procedures for keeping the victim informed of the status of any student disciplinary proceedings in connection with the sexual assault or domestic violence, and the results of any disciplinary action or appeal, and helping the victim deal with academic difficulties that may arise because of the victimization and its impact. (7) Procedures for guaranteeing confidentiality and appropriately handling requests for information from the press, concerned students, and parents. (8) Procedures ensuring that each victim of sexual assault or domestic violence receives information about the availability of at least all of the following options: (A) Counselors and support services for victims. (B) Criminal prosecutions. (C) Civil prosecutions. (D) The disciplinary process through the college. (E) Alternative dispute resolution or other accountability processes. (F) Alternative housing assignments. (G) Academic assistance alternatives. (c) The written procedure or protocols adopted pursuant to subdivision (a) shall be reviewed annually, and updated as necessary in collaboration with sexual assault and domestic violence counselors and student, faculty, and staff representatives. (d) Each segment of higher education shall implement this chapter from existing funds and resources available to it. (e) (1) Sexual assault and domestic violence counselors shall be independent from the Title IX office, and shall, at a minimum, meet the qualifications defined in Sections 1035.2 and 1037.1 of the Evidence Code, respectively. (2) Services provided by sexual assault and domestic violence counselors, including, but not limited to, securing alternative housing assignments and academic assistance alternatives, shall not be contingent on a victim’s decision to report to the Title IX office or law enforcement. (f) (1) A sexual assault or domestic violence counselor shall obtain specific permission from the victim before disclosing the identity of the victim, or any information that could reasonably be expected to reveal the identity of the victim, to the university or any other authority, including law enforcement, unless otherwise required to do so by applicable state or federal law. (2) This subdivision is intended to maintain confidentiality, preserve any applicable privileges, including, but not limited to, Article 8.5 (commencing with Section 1035) and Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and protect the privacy of students requesting assistance from a sexual assault or domestic violence counselor. (g) For purposes of this section, all of the following apply: (1) “Sexual assault” includes, but is not limited to, rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault. (2) (A) “Specific permission” means all of the following: (i) The permission is limited to disclosure to particular people, for a particular circumstance, or for a particular purpose for which the permission was given. (ii) The permission is limited to the counselor to whom it was given. (iii) The permission may be withdrawn. (B) Unlimited or general permission for disclosure is not specific permission. (Amended by Stats. 2022, Ch. 556, Sec. 1.5. (AB 1467) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67385.7. Source version: id_d07112c8-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, in collaboration with campus-based and community-based victim advocacy organizations, provide, as part of established campus orientations, educational and preventive information about sexual violence to students at all campuses of their respective segments. For a campus with an existing on-campus orientation program, this information shall be provided, in addition to the sexual harassment information required to be provided pursuant to subdivision (e) of Section 66281.5, during the regular orientation for incoming students. (b) (1) Each campus of the California Community Colleges and the California State University shall post educational and preventive information on sexual violence and sexual harassment on its campus internet website. (2) Each campus of an independent institution of higher education, a private postsecondary educational institution, and the University of California is requested to post educational and preventive information on sexual violence and sexual harassment on its campus internet website. (c) The educational and preventive information provided pursuant to this section shall include, but not be limited to, all of the following: (1) Common facts and myths about the causes of sexual violence and sexual harassment. (2) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials. (3) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment. (4) Methods of encouraging peer support for victims and the imposition of sanctions on offenders. (5) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment. (d) (1) Beginning on September 1, 2024, and each year thereafter, the California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, annually train its students on sexual violence and sexual harassment, and on or before September 1, 2026, and every two years thereafter, consider updating the annual training. (2) Beginning on September 1, 2024, and each year thereafter, students attending the California Community Colleges shall complete their annual training within six months of the beginning of the academic year. (3) The annual training for students established in paragraph (1) shall cover all of the following topics: (A) Common facts and myths about the causes of sexual violence and sexual harassment. (B) What constitutes sexual violence and sexual harassment, including information on how to file internal administrative complaints with the institution of higher education and how to file criminal charges with local law enforcement officials. (C) The availability of, and contact information for, campus and community resources for students who are victims of sexual violence and sexual harassment. (D) Methods of encouraging peer support for victims and the imposition of sanctions on offenders. (E) Information regarding campus, criminal, and civil consequences of committing acts of sexual violence and sexual harassment. (F) The contact information of a Title IX coordinator or a similar position. (G) As referenced in subparagraph (B) of paragraph (6) of subdivision (b) of Section 66281.8, statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity. (4) Beginning on September 1, 2026, the annual training for students established in paragraph (1) shall cover all of the following topics: (A) How to recognize if a person is at risk of alcohol- and drug-facilitated sexual assault, including, but not limited to, common symptoms following alcohol and drug consumption and intoxication. (B) Effective measures that can be taken to prevent involuntary alcohol and drug consumption and ways to respond to circumstances where a person may be involuntarily intoxicated and at risk for alcohol- and drug-facilitated sexual assault. (C) As part of the topic covered pursuant to subparagraph (A) of paragraph (3), common facts and myths regarding alcohol- and drug-facilitated sexual assault. (D) Information related to confidential support and care resources for situations that arise as a result of an act of sexual violence or sexual harassment, or both, including, but not limited to, contact information and the availability of confidential medical and transportation services, forensic examination sites, and, to the extent available, rape crisis centers on campus or within the surrounding community of the campus. (e) This section does not prevent the California Community Colleges, the California State University, independent institutions of higher education, private postsecondary educational institutions, and the University of California from incorporating the training developed pursuant to subdivision (d) from being integrated into existing trainings as referenced in subdivision (a). (f) A community college district may authorize students to self-certify that they have completed training developed pursuant to this section. (g) As used in this section, the following terms have the following meanings: (1) “Drugs” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate. (2) “Independent institutions of higher education” has the same meaning as that term is defined in Section 66010. (3) “Private postsecondary educational institution” has the same meaning as that term is defined in Section 94858. (4) “Sexual violence” and “sexual harassment” have the same meaning as those terms are defined in Section 66262.5. (5) “Training” or “train” includes, but is not limited to, in-person, remote, or video instruction. “Training” or “train” shall not include instruction that is only provided through written materials. (h) Campuses of the California Community Colleges and the California State University shall, and campuses of the University of California are requested to, develop policies to encourage students to report any campus crimes involving sexual violence to the appropriate campus authorities. (i) Campuses are urged to adopt policies to eliminate barriers for victims who come forward to report sexual assaults, and to advise students regarding these policies. These policies may include, but are not limited to, exempting the victim from campus sanctions for being in violation of any campus policies, including alcohol or substance abuse policies or other policies of the campus, at the time of the incident. (j) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, develop and adopt regulations setting forth procedures for the implementation of this section by campuses in their respective segments. (Amended by Stats. 2024, Ch. 110, Sec. 1. (AB 2608) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.5. Student Safety [67380 - 67386] SECTION 67386. Source version: id_1d951927-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.5.&article= (a) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking, as defined in the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1092(f)), involving a student, both on and off campus. The policy shall include all of the following: (1) An affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. (2) A policy that, in the evaluation of complaints in any disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances: (A) The accused’s belief in affirmative consent arose from the intoxication or recklessness of the accused. (B) The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented. (3) A policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence. (4) A policy that, in the evaluation of complaints in the disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances: (A) The complainant was asleep or unconscious. (B) The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity. (C) The complainant was unable to communicate due to a mental or physical condition. (b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall adopt detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards. At a minimum, the policies and protocols shall cover all of the following: (1) A policy statement on how the institution will provide appropriate protections for the privacy of individuals involved, including confidentiality. (2) Initial response by the institution’s personnel to a report of an incident, including requirements specific to assisting the victim, providing information in writing about the importance of preserving evidence, and the identification and location of witnesses. (3) Response to stranger and nonstranger sexual assault. (4) The preliminary victim interview, including the development of a victim interview protocol, and a comprehensive followup victim interview, as appropriate. (5) Contacting and interviewing the accused. (6) Seeking the identification and location of witnesses. (7) Providing written notification to the victim about the availability of, and contact information for, on- and off-campus resources and services, and coordination with law enforcement, as appropriate. (8) Participation of victim advocates and other supporting people. (9) Investigating allegations that alcohol or drugs were involved in the incident. (10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty. (11) The role of the institutional staff supervision. (12) A comprehensive, trauma-informed training program for campus officials involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases. (13) Procedures for confidential reporting by victims and third parties. (c) (1) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall, to the extent feasible, enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations, including rape crisis centers and domestic violence centers, to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused. (2) In order to receive state funds for student financial assistance, the Trustees of the California State University and the Regents of the University of California shall, to the extent feasible, ensure that when a student who experiences sexual violence seeks support services from a campus advocate or community-based organization pursuant to a memorandum of understanding, agreement, or collaborative partnership described in paragraph (1), all of the following occurs: (A) The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination. (B) If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about the student’s right to be accompanied to the examination by a certified sexual assault counselor or support person of the student’s choosing, or both a certified sexual assault counselor and a support person of the student’s choosing. (C) If the student is eligible to obtain a sexual assault forensic medical examination, the student receives information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus. (3) (A) Commencing with the 2025–26 school year, the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who request and are eligible to obtain a sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit. All of the following shall apply to the provision of transportation services, to the extent practicable: (i) Transportation shall be provided without charge and in a manner that protects student safety and confidentiality. (ii) Transportation may include, but is not limited to, transportation by any of the following, if the student agrees to the transportation: (I) A staff member of a SAFE exam center, SART exam center, rape crisis center, or community-based organization that is under a contract, memorandum of understanding, agreement, or collaborative partnership described in paragraph (1). (II) The campus. (III) Ride share services. If offering ride share services, campuses shall prioritize the use of ride share platforms that support the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (IV) Law enforcement. This subclause does not require a student to accept transportation by law enforcement. Campuses shall establish at least one option for transportation that is not in a law enforcement vehicle. (B) In order to receive state funds for student financial assistance, on or before June 30, 2026, and biennially thereafter, the Trustees of the California State University and the Regents of the University of California shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on whether their respective institutions have provided transportation to students pursuant to subparagraph (A) and the manner in which students received the transportation to a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit. (C) For purposes of this subdivision, the following definitions apply: (i) “SAFE” means a Sexual Assault Forensic Examination. (ii) “SART” means a Sexual Abuse Response Team. (d) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions shall implement comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking. A comprehensive prevention program shall include a range of prevention strategies, including, but not limited to, empowerment programming for victim prevention, awareness raising campaigns, primary prevention, bystander intervention, and risk reduction. Outreach programs shall be provided to make students aware of the institution’s policy on sexual assault, domestic violence, dating violence, and stalking. At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about the institution’s overall sexual assault policy, the practical implications of an affirmative consent standard, and the rights and responsibilities of students under the policy. (e) Outreach programming shall be included as part of every incoming student’s orientation. (1) For purposes of this section, “outreach programming” includes, but is not necessarily limited to, informing students about all of the following: (A) The warning signs of intimate partner and dating violence. (B) Campus policies and resources relating to intimate partner and dating violence. (C) Off-campus resources and centers relating to intimate partner and dating violence. (D) A focus on prevention and bystander intervention training as it relates to intimate partner and dating violence. (2) For purposes of this subdivision, informing students about “intimate partner and dating violence” includes, but is not necessarily limited to, providing information about violence that occurs between individuals with a current or previous intimate or dating relationship. (3) For purposes of this subdivision, “incoming students” includes, but is not necessarily limited to, graduate, transfer, and international students, with a special consideration of their different needs, interactions, and engagements with their campuses. (Amended by Stats. 2023, Ch. 564, Sec. 1. (AB 1138) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.7. Rape and Sexual Assault Education Programs [67390 - 67393] SECTION 67390. Source version: id_fd817e78-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.7.&article= The Legislature hereby finds and declares all of the following: (a) College students are more vulnerable to rape than any other age group. (b) The majority of reported victims and offenders of rape are of college age. (c) At most colleges and universities today, few students, faculty, or staff are alerted to crucial information about sexual assaults, especially acquaintance rape. Many people have misconceptions about these crimes that enhance their vulnerability to victimization. (d) Colleges should implement a variety of effective educational programs to inform all students and other college personnel about sexual assaults on campus. These programs should be implemented to disseminate factual information about sexual assault, promote open discussion, encourage reporting, and provide information about prevention to faculty, staff, and both male and female students. (e) Colleges need to emphasize to students the seriousness of the offenses of rape and sexual assault. (f) Students need critical factual information about the prevalence of stranger and acquaintance rape, how and where it happens, its impact, and the relationship between alcohol and drug use and sexual assaults. (g) It is not sufficient to develop policies, brochures, and other informational materials; once these materials are developed they must be distributed in a way that emphasizes their importance and stimulates the interest of students. (h) Fraternities, sororities, and other student organizations operating on campus should undergo rape-awareness training each year before they are permitted to hold any events. (i) Residence life student staff and all students living in campus recognized housing should receive acquaintance rape training every semester. (j) Comprehensive information about acquaintance rape and other kinds of sexual assaults should be provided at all new student orientation programs and at any campus program that students are required to attend. (k) Colleges should provide special sexual assault seminars for all athletic coaches and administrators and members of athletic teams. These seminars should take place during a student athlete orientation program or prior to the first team meeting. Seminars should use the campus media, newspapers, radio, and television to heighten awareness of campus violence and its prevention. (l) To provide appropriate information and counseling to sexual assault victims, all college student services professional staff members or student affairs professional staff members and campus police should participate in annual sexual assault education seminars. (Added by Stats. 1991, Ch. 1068, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.7. Rape and Sexual Assault Education Programs [67390 - 67393] SECTION 67391. Source version: id_44a5bf9e-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.7.&article= The governing board of each community college district, the Trustees of the California State University, the Board of Directors of the college named in Section 92200, and the Regents of the University of California shall, within existing resources, adopt and implement a rape and sexual assault education program for, and ensure maximum feasible participation of, students and student services professional staff members or student affairs professional staff members at each of their respective campuses or other facilities. (Amended by Stats. 2022, Ch. 478, Sec. 13. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.7. Rape and Sexual Assault Education Programs [67390 - 67393] SECTION 67393. Source version: id_fd817e7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.7.&article= Notwithstanding any other provision of this chapter, this chapter shall not apply to the California Community Colleges unless and until the Legislature makes funds available to the California Community Colleges for the purposes of this chapter. (Added by Stats. 1991, Ch. 1068, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.9. Uniform Informational Guidance for Survivors of Sexual Assault [67395 - 67395.7] SECTION 67395. Source version: id_d373c810-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.9.&article= (a) In order to help campus community members quickly access relevant information and resources following a sexual assault, each campus of the California State University shall, and each campus of the University of California is requested to, develop and post on its internet website sexual assault informational guidance that is based on the content and presentation and model internet website template developed or updated pursuant to Section 67395.5. (b) The sexual assault informational guidance required under subdivision (a) shall supplement other information related to sexual assault that is required to be provided to campus community members under state or federal laws, including pursuant to subdivision (e) of Section 66281.5, paragraph (4) of subdivision (b) of Section 66281.8, and Sections 67385, 67385.7, 67386, and 67391. (c) A campus with existing content on its internet website that is similar to the sexual assault informational guidance required by this section shall update the existing content as necessary based on the content and presentation and model internet website template developed or updated pursuant to Section 67395.5. (Added by Stats. 2022, Ch. 115, Sec. 1. (AB 1968) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.9. Uniform Informational Guidance for Survivors of Sexual Assault [67395 - 67395.7] SECTION 67395.5. Source version: id_d373c812-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.9.&article= (a) For the purposes described in subdivision (a) of Section 67395, and to ensure that sexual assault informational guidance is uniform across the internet websites of all campuses of each of their respective segments, the Trustees of the California State University shall, and the Regents of the University of California are requested to, develop both of the following: (1) Standards for the content and presentation of information and resources regarding the steps a campus community member who is a survivor of a sexual assault might immediately take following the sexual assault, including the options, timing parameters, and potential outcomes relating to each step. (2) A model internet website template incorporating the standards developed under paragraph (1). (b) The standards and model described in subdivision (a) shall be developed in collaboration with sexual assault survivor advocates and others who work with sexual assault survivors, such as counselors, health care service providers, Title IX offices, law enforcement officials, prosecutors, and civil attorneys, in a manner informed by relevant experts and bona fide and reliable sources of relevant information, including, but not limited to, information relating to state and federal laws, best practices for internet website design, and the internet web pages of campuses with existing relevant content, such as those developed by a Center for Advocacy, Resources and Education (CARE) office or another campus office. (c) The content standards required pursuant to paragraph (1) of subdivision (a) may consist of general content guidance, specific language, or both, but shall address at least all of the following: (1) Reporting the sexual assault to others who may provide emotional or other valuable help immediately following the sexual assault, such as advocates and counselors, health care service providers, and law enforcement agencies, and standards for a listing of the names, contact information, and services offered by each campus-based or community-based sexual assault resource. (2) Receiving proper medical attention following the sexual assault, including forensic evidentiary exams and other medical testing options. (3) Collecting and preserving evidence related to the sexual assault, including physical evidence and other types of evidence. (d) The presentation standards required pursuant to paragraph (2) of subdivision (a) may include general guidance, prescriptive guidance, or both, related to the structure for organizing and presenting the content in a manner that ensures it prominently calls attention to the information and resources on the internet website and is not obscured by other related or unrelated content. The presentation standards may include, but are not limited to, any of the following: (1) The location of the content on the internet website, including a requirement for an internet web page that is dedicated solely to information and resources related to the steps a survivor might take immediately following a sexual assault and a prominent link on the homepage of the campus’s internet website to that web page. (2) Standards to ensure the manner of presenting the information is helpful to survivors who may view it following a traumatic sexual assault incident, including requirements for text and background formatting, the use of concise sentences, paragraphs, sections, and bullet lists when appropriate, and avoiding or limiting legal and highly technical terminology. (3) Standards for accessibility and user interface, including the use of links to other internet web pages for the listing of survivor advocates and other resources, requirements related to readability on mobile devices or other electronic devices, and whether the information and resources are downloadable or searchable from the homepage of the campus’s internet website. (e) The Trustees of the California State University shall, and the Regents of the University of California are requested to, post the standards and model internet website template developed pursuant to this section on their respective internet websites for use by campuses pursuant to Section 67395. The standards and model internet website template shall be reviewed annually and updated as necessary. (Added by Stats. 2022, Ch. 115, Sec. 1. (AB 1968) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 15.9. Uniform Informational Guidance for Survivors of Sexual Assault [67395 - 67395.7] SECTION 67395.7. Source version: id_d373c814-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=15.9.&article= The Trustees of the California State University shall, and the Regents of the University of California are requested to, implement this chapter from existing funds and resources. (Added by Stats. 2022, Ch. 115, Sec. 1. (AB 1968) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 16. Applicability to University of California [67400- 67400.] SECTION 67400. Source version: id_fd830520-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=16.&article= No provision of this part shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable. (Added by Stats. 1991, Ch. 1198, Sec. 20.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 1. Definitions [66010- 66010.] SECTION 66010. Source version: id_3d8a6b5e-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=1. (a) Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, and (3) each campus, branch, and function of the University of California. (b) (1) Except as provided in paragraph (2), as used in this part, “independent institutions of higher education” are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education. (2) For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substantially the same manner as it did on January 1, 2025. (c) No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education. (d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2025, Ch. 425, Sec. 2. (SB 744) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions. See later operative version added by Sec. 3 of Stats. 2025, Ch. 425.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 1. Definitions [66010- 66010.] SECTION 66010. Source version: id_794a5100-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=1. (a) Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, and (3) each campus, branch, and function of the University of California. (b) As used in this part, “independent institutions of higher education” are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education. (c) No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education. (d) This section shall become operative on January 1, 2030. (Repealed (in Sec. 2) and added by Stats. 2025, Ch. 425, Sec. 3. (SB 744) Effective January 1, 2026. Operative January 1, 2030, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 10. University Energy Efficiency Partnership [66090- 66090.] SECTION 66090. Source version: id_d3862f47-a430-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=10. (a) For purposes of this section, the following terms have the following meanings: (1) “Investor-owned energy utilities” means the state’s three largest electrical corporations, as defined in Section 218 of the Public Utilities Code, and each gas corporation, as defined in Section 222 of the Public Utilities Code, of the state. (2) “Local publicly owned energy utility” means a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code, or a local publicly owned gas utility. (3) “Partnership” means the statewide institutional partnership between the California State University, the University of California, and investor-owned energy utilities. (4) “University” means the University of California and the California State University. (b) The Regents of the University of California are requested to, and the California State University shall, consider aligning their greenhouse gas reduction goals with those of the partnership and the state by doing all of the following: (1) Expanding participation in the partnership to include the university facilities served by local publicly owned energy utilities that choose to participate, and seeking the assistance of the State Energy Resources Conservation and Development Commission in requesting the participation of those local publicly owned energy utilities. (2) Evaluating activities that reduce greenhouse gas emissions and improve energy efficiency based upon adherence to the Public Utilities Commission’s energy efficiency and savings protocols, if applicable, including, but not limited to, deep energy efficiency and eligible renewable energy resources, subject to applicable funding. (3) Wherever feasible, utilizing whole-building, or whole-campus, meter-based verification. (4) Developing an administrative framework that can be utilized by the partnership, to the extent allowable by the funding source, to allocate any future funding from the state or other sources for energy projects or projects for reducing greenhouse gas emissions. (c) This section does not affect the eligibility of a university to receive resources from federal, state, and local government, or from public utilities or other sources through the partnership, and to leverage those resources. (d) Funds associated with an investor-owned energy utility shall be used in compliance with Public Utilities Commission requirements at the university facilities within the service territory of the investor-owned energy utility. (e) As a condition to participation in the expanded partnership, a university shall report to each investor-owned energy utility or local publicly owned energy utility the annual reduction in emissions of greenhouse gases from the expanded partnership at all university facilities within that utility’s service territory, by a mutually agreed upon date. (Added by Stats. 2015, Ch. 597, Sec. 2. (AB 1150) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 11. Access to Higher Education for Every Student [66093 - 66093.4] SECTION 66093. Source version: id_61c0f4b6-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=11. (a) The Legislature finds and declares all of the following: (1) California’s colleges and universities have traditionally been beacons of free thought that challenge students in a peaceful, safe environment. Its institutions of higher education have always been of great pride to the State of California. (2) With great risks presented by changes to immigration policies and enforcement at the federal level, it is more important than ever to work to protect the students, faculty, staff, and the public, and ensure that, regardless of their immigration status, they can continue to take advantage of the education to which they are entitled, and are free from intimidation or loss of access to resources and programs that other students enjoy. (3) It is imperative that California put necessary protections in place, and show it will take the necessary steps to ensure that the state’s students, faculty, staff, and the public have every opportunity to continue their education without fear or undue risk. (4) In doing so, California reaffirms the principles that the attainment of education for the betterment of the individual and the community is paramount, regardless of one’s immigration status. It is in the country’s best interests, as a nation of immigrants, which has benefited greatly from immigrants of all walks and backgrounds, to ensure that those who pursue educational and academic growth may further contribute to the productivity of this great state and nation. (b) Therefore, it is the intent of the Legislature to enact legislation to enact the policies set forth in Section 66093.3 to ensure that California’s public and private institutions of higher education strive to foster a campus community that is safe, welcoming for all, and provides access to services and supports for all students, faculty, and staff regardless of their immigration status. (Added by Stats. 2017, Ch. 488, Sec. 1. (AB 21) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 11. Access to Higher Education for Every Student [66093 - 66093.4] SECTION 66093.2. Source version: id_c7b69c4c-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=11. (a) For purposes of this section, “institution” means a California State University or a University of California campus. (b) The Trustees of the California State University shall, and the Regents of the University of California are requested to, in addition to complying with subdivision (j) of Section 66093.3, do all of the following: (1) If an undocumented student is subject to immigration enforcement activity, ensure that the undocumented student’s inability to satisfy the student’s academic requirements at the institution due to immigration enforcement activity does not affect the student’s qualification for the exemption from paying nonresident tuition pursuant to Section 68130.5, provided the student meets the requirements described in paragraphs (1) and (2) of subdivision (a) of Section 68130.5. (2) Ensure that staff and the designated Dreamer Resource Liaison at the institution assist undocumented students in accessing all financial aid and academic resources available to undocumented students. (3) Adopt a systemwide policy addressing course grades, administrative withdrawal, and reenrollment for undocumented students who are unable to attend their courses by the final drop date due to immigration enforcement activity. The systemwide policy shall include a timeframe during which a student withdrawn for nonattendance is reenrolled and retains the same academic status they held before their withdrawal, upon submitting written confirmation of their intent to return to the institution. (Added by Stats. 2025, Ch. 668, Sec. 1. (SB 307) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 11. Access to Higher Education for Every Student [66093 - 66093.4] SECTION 66093.3. Source version: id_e2d3fda1-98e2-11f0-98be-735ec597c8a2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=11. (a) The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision (l) of Section 69432.7, shall, and the Regents of the University of California are requested to, do all of the following to the fullest extent consistent with state and federal law: (1) Refrain from disclosing personal information about students, faculty, and staff except: (A) with the consent of the person identified, or if the person is under 18 years of age, with the consent of the parent or guardian of the person identified; (B) as may legally be disclosed under state and federal privacy laws; (C) for the programmatic purpose for which the information was obtained; (D) as part of a directory that does not include residence addresses or individual persons’ course schedules and that the person has not elected to opt out of; or (E) in response to a judicial warrant, court order, or subpoena. (2) Advise all students, faculty, and staff to notify the office of the chancellor or president, or their designee, as soon as possible, if they are advised that an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order. (3) If there is reason to suspect that a student, faculty, or staff person has been taken into custody as a result of an immigration enforcement action, the college or university, as soon as possible, shall notify the person’s emergency contact that the person has been taken into custody. (4) Comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant. This paragraph shall not apply to an immigration officer’s request for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities. (5) Advise all students, faculty, and staff responding to or having contact with an immigration officer executing a federal immigration order, to refer the entity or individual to the office of the chancellor or president, or their designee, for purposes of verifying the legality of any warrant, court order, or subpoena. (6) Designate a staff person to serve as a point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, faculty and staff persons shall be prohibited from discussing the personal information, including immigration status information, of any student, faculty, or staff person with anyone, or revealing that personal information to anyone. This paragraph shall not be construed as requiring a college or university to hire staff to fulfill the requirements of this paragraph. (7) Maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it. The list shall include, but not be limited to, the organization’s name and contact number, email address, and office address. (8) Adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code), limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law. (9) (A) Post on its internet website in a conspicuous location, and provide via email quarterly or each semester to all students, faculty, and staff: (i) A copy of the policy adopted pursuant to paragraph (8). (ii) Guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order. (B) Update the information posted on its internet website pursuant to subparagraph (A) as often as is necessary to reflect any changes to federal and state immigration laws and university or college policies and procedures. (10) In the event that an undocumented student is subject to a federal immigration order, ensure that all of the following occur: (A) In the event that an undocumented student is detained, deported, or is unable to attend to the student’s academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the college or university shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received, and permit the student to be reenrolled if and when the student is able to return to the college or university. It is the intent of the Legislature that, in implementing this paragraph, California colleges and universities make reasonable and good faith efforts to provide for a seamless transition in a student’s reenrollment and reacquisition of campus services and supports. (B) That staff is available to assist, in a sensitive manner, undocumented students, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of federal immigration actions. (C) (i) All students, faculty, staff, and campus community members who work on campus are notified when the presence of immigration enforcement is confirmed on campus. (ii) A notice provided pursuant to clause (i) shall include all of the following: (I) The date and time the immigration enforcement was confirmed. (II) The location of the confirmed immigration enforcement. (III) A hyperlink to additional resources, including the information posted on its internet website pursuant to paragraph (10). (iii) A notice provided pursuant to clause (i) shall not include any personally identifiable information. (b) (1) Each campus of the California Community Colleges, of the California State University, and of each independent institution of higher education that is a qualifying institution as defined in subdivision (l) of Section 69432.7 shall, and each campus of the University of California is requested to, notify all students, faculty, staff, and other campus community members who work on campus when the presence of immigration enforcement is confirmed on campus, to the fullest extent consistent with state and federal law. (2) A notice provided pursuant to paragraph (1) shall include all of the following information: (A) The date and time the immigration enforcement was confirmed. (B) The location of the confirmed immigration enforcement. (C) A hyperlink to additional resources, including the information posted on its internet website pursuant to paragraph (9) of subdivision (a). (3) A notice provided pursuant to paragraph (1) shall not include any personally identifiable information. (c) For purposes of this article, the following definitions apply: (1) “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. (2) “Immigration officer” means any state, local, or federal law enforcement officer who is seeking to enforce immigration law. (d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Amended by Stats. 2025, Ch. 124, Sec. 8. (SB 98) Effective September 20, 2025. Repealed as of January 1, 2031, by its own provisions. See later operative version added by Sec. 9 of Stats. 2025, Ch. 124.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 11. Access to Higher Education for Every Student [66093 - 66093.4] SECTION 66093.3. Source version: id_ca9468f9-98e2-11f0-98be-735ec597c8a2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=11. The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision (l) of Section 69432.7, shall, and the Regents of the University of California are requested to, do all of the following to the fullest extent consistent with state and federal law: (a) Refrain from disclosing personal information about students, faculty, and staff except: (1) with the consent of the person identified, or if the person is under 18 years of age, with the consent of the parent or guardian of the person identified; (2) as may legally be disclosed under state and federal privacy laws; (3) for the programmatic purpose for which the information was obtained; (4) as part of a directory that does not include residence addresses or individual persons’ course schedules and that the person has not elected to opt out of; or (5) in response to a judicial warrant, court order, or subpoena. (b) Advise all students, faculty, and staff to notify the office of the chancellor or president, or their designee, as soon as possible, if they are advised that an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order. (c) If there is reason to suspect that a student, faculty, or staff person has been taken into custody as a result of an immigration enforcement action, the college or university, as soon as possible, shall notify the person’s emergency contact that the person has been taken into custody. (d) Comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant. This subdivision shall not apply to an immigration officer’s request for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities. (e) Advise all students, faculty, and staff responding to or having contact with an immigration officer executing a federal immigration order, to refer the entity or individual to the office of the chancellor or president, or their designee, for purposes of verifying the legality of any warrant, court order, or subpoena. (f) Designate a staff person to serve as a point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, faculty and staff persons shall be prohibited from discussing the personal information, including immigration status information, of any student, faculty, or staff person with anyone, or revealing that personal information to anyone. This subdivision shall not be construed as requiring a college or university to hire staff to fulfill the requirements of this subdivision. (g) Maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it. The list shall include, but not be limited to, the organization’s name and contact number, email address, and office address. (h) Adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code), limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law. (i) (1) Post on its internet website in a conspicuous location, and provide via email quarterly or each semester to all students, faculty, and staff: (A) A copy of the policy adopted pursuant to subdivision (h). (B) Guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order. (2) Update the information posted on its internet website pursuant to paragraph (1) as often as is necessary to reflect any changes to federal and state immigration laws and university or college policies and procedures. (j) In the event that an undocumented student is subject to a federal immigration order, ensure that both of the following occur: (1) In the event that an undocumented student is detained, deported, or is unable to attend to the student’s academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the college or university shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received, and permit the student to be reenrolled if and when the student is able to return to the college or university. It is the intent of the Legislature that, in implementing this paragraph, California colleges and universities make reasonable and good faith efforts to provide for a seamless transition in a student’s reenrollment and reacquisition of campus services and supports. (2) That staff is available to assist, in a sensitive manner, undocumented students, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of federal immigration actions. (k) For purposes of this article, “immigration officer” means any state, local, or federal law enforcement officer who is seeking to enforce immigration law. (l) This section shall become operative on January 1, 2031. (Repealed (in Sec. 8) and added by Stats. 2025, Ch. 124, Sec. 9. (SB 98) Effective September 20, 2025. Operative January 1, 2031, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 11. Access to Higher Education for Every Student [66093 - 66093.4] SECTION 66093.4. Source version: id_0e23d546-bd07-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=11. (a) It is the intent of the Legislature to affirm the ability of the University of California to provide services, benefits, and assistance to all students enrolled at the University of California. (b) The University of California may provide services, benefits, and any other form of assistance aimed at furthering a student’s educational success to all of its enrolled students who meet the eligibility requirements for any such program the University, or its campuses, establishes. (c) The Legislature finds and declares that this section is a state law within the meaning of subdivision (d) of Section 1621 of Title 8 of the United States Code. (Added by Stats. 2018, Ch. 426, Sec. 29. (AB 1840) Effective September 17, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2. Comprehensive Mission Statement [66010.1 - 66010.7] SECTION 66010.1. Source version: id_fd14d989-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2. The purpose of this article is to identify common educational missions shared by educational institutions in California and to differentiate more specific missions and functions between the various educational segments. (Added by Stats. 1991, Ch. 1198, Sec. 4.1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2. Comprehensive Mission Statement [66010.1 - 66010.7] SECTION 66010.2. Source version: id_6f21a575-3186-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2. The public elementary and secondary schools, the California Community Colleges, the California State University, the University of California, and independent institutions of higher education share goals designed to provide educational opportunity and success to the broadest possible range of our citizens, and shall provide the following: (a) Access to education, and the opportunity for educational success, for all qualified Californians. Particular efforts should be made with regard to those who are historically and currently underrepresented in both their graduation rates from secondary institutions and in their attendance at California higher educational institutions. (b) Quality teaching and programs of excellence for their students. This commitment to academic excellence shall provide all students the opportunity to address issues, including ethical issues, that are central to their full development as responsible citizens. (c) Educational equity not only through a diverse and representative student body and faculty but also through educational environments in which each person, regardless of race, gender, gender identity, gender expression, sexual orientation, age, disability, or economic circumstances, has a reasonable chance to fully develop his or her potential. (Amended by Stats. 2011, Ch. 637, Sec. 1. (AB 620) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2. Comprehensive Mission Statement [66010.1 - 66010.7] SECTION 66010.3. Source version: id_fd14d98d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2. The public elementary and secondary schools shall be responsible for academic and general vocational instruction from kindergarten and grades 1 to 12, inclusive, including preparation of pupils for postsecondary instruction, future participation in California’s economy and society, and adult instruction to the extent of state support. (Added by Stats. 1991, Ch. 1198, Sec. 4.3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2. Comprehensive Mission Statement [66010.1 - 66010.7] SECTION 66010.4. Source version: id_fc1ed41c-b8d8-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2. The missions and functions of California’s public and independent segments, and their respective institutions of higher education, shall be differentiated as follows: (a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree. (2) The community colleges’ mission shall include all of the following: (A) The provision of instruction and additional learning supports to close learning gaps for those who need it, instruction in English as a second language, adult noncredit instruction, and support services that help students succeed at the postsecondary level. (B) The provision of adult noncredit education curricula in areas defined as being in the state’s interest is an essential and important function of the community colleges. (C) The provision of community services courses and programs is an authorized function of the community colleges if their provision is compatible with an institution’s ability to meet its obligations in its primary missions. (D) The provision of student support services to facilitate academic success and achievement. (3) A primary mission of the California Community Colleges is to advance California’s economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement. (4) The California Community Colleges may conduct institutional research concerning student learning and retention, and community college programming to facilitate its educational mission. (5) The provision of instruction and support to close learning gaps authorized by subparagraph (A) of paragraph (2) shall be provided in the form of concurrent support, unless college data and research demonstrates that even with concurrent support a student is highly unlikely to succeed in the course. (b) (1) The California State University shall offer undergraduate and graduate instruction through the master’s degree in the liberal arts and sciences and professional education, including teacher education. Notwithstanding any other law, undergraduate and graduate degrees may be awarded jointly with international institutions of higher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. (2) The doctoral degree may be awarded jointly, as follows: (A) With the University of California, as provided in subdivision (c) and pursuant to Section 66904. (B) With one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. (C) With international institutions of higher education if the doctoral degree program has been authorized pursuant to Article 4.92 (commencing with Section 66046). (3) Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. (4) The primary mission of the California State University is undergraduate and graduate instruction through the master’s degree. (c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research. (d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions. (Amended by Stats. 2024, Ch. 729, Sec. 1. (AB 2633) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2. Comprehensive Mission Statement [66010.1 - 66010.7] SECTION 66010.5. Source version: id_fd166031-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2. The mission of the public segments of higher education shall also include a broad responsibility to the public interest, and independent segments of higher education are encouraged to assume a broad responsibility to the public interest. As part of this responsibility, the public and independent segments are encouraged to support programs of public service and to involve faculty and students in these programs. (Added by Stats. 1991, Ch. 1198, Sec. 4.4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2. Comprehensive Mission Statement [66010.1 - 66010.7] SECTION 66010.6. Source version: id_fd166033-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2. The missions of agencies charged with coordination, administration, or implementation of higher education policies and programs in California shall be as follows: (a) The California Postsecondary Education Commission is the statewide postsecondary education coordinating and planning agency. The commission shall serve as a principal fiscal and program advisor to the Governor and the Legislature on postsecondary educational policy. Consistent with Section 66903, the commission’s responsibilities shall include, but not be limited to, the following: (1) Analysis and recommendations related to long-range planning for public postsecondary education. (2) Analysis of state policy and programs involving the independent and private postsecondary educational sectors. (3) Analysis and recommendations related to program and policy review. (4) Resource analysis. (5) Maintenance and publication of pertinent public information relating to all aspects of postsecondary education. The commission shall consult with the postsecondary educational segments and with relevant state agencies, including the Student Aid Commission, the Superintendent of Public Instruction, and other relevant parties, in its preparation of analyses and recommendations to the Governor and the Legislature. However, the commission shall remain an independent and nonpartisan body responsible for providing an integrated and segmentally unbiased view for purposes of state policy formulation and evaluation. (b) The California Student Aid Commission is the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. These programs include grant, work study, and loan programs supported by the state and the federal government. Consistent with this responsibility, the Commission shall provide, in consultation with the postsecondary education segments and relevant state agencies, policy leadership on student financial aid issues, evaluate the effectiveness of its programs, conduct research and long-range planning as a foundation for program improvement, report on total state financial aid needs, and disseminate information to students and their families. (c) The Council for Private Postsecondary and Vocational Education is the primary state agency responsible for approving and regulating private postsecondary and vocational educational institutions and for developing state policies for private postsecondary and vocational education in California. The council shall represent the private postsecondary and vocational education institutions in all state level planning and policy discussions about postsecondary and vocational education. (Added by Stats. 1990, Ch. 1587, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2. Comprehensive Mission Statement [66010.1 - 66010.7] SECTION 66010.7. Source version: id_fd166035-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2. (a) The Legislature, through the enactment of this section, expresses its commitment to encourage and support collaboration and coordination among all segments of education. (b) Within the differentiation of segmental functions outlined in this article, the institutions of higher education shall undertake intersegmental collaboration and coordination particularly when it can do any of the following: (1) Enhance the achievement of the institutional missions shared by the segments. (2) Provide more effective planning of postsecondary education on a statewide basis. (3) Facilitate achievement of the goals of educational equity. (4) Enable public and independent higher education to meet more effectively the educational needs of a geographic region. (5) Facilitate student progress from one segment to another, particularly with regard to preparation of students for higher education as well as the transfer from the California Community Colleges to four-year institutions. (c) The leaders responsible for public and independent institutions of higher education and the Superintendent of Public Instruction shall work together to promote and facilitate the development of intersegmental programs and other cooperative efforts aimed at improving the progress of students through the educational systems and at strengthening the teaching profession at all levels. (d) The California Postsecondary Education Commission shall have responsibility for reviewing and evaluating the effectiveness of intersegmental activities in accomplishing the established goals, and shall report its findings to the Governor and Legislature biennially. (Added by Stats. 1991, Ch. 1198, Sec. 4.5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2.5. State Goals For California’s Postsecondary Education System [66010.9 - 66010.95] SECTION 66010.9. Source version: id_1d066ff0-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2.5. The Legislature finds and declares all of the following: (a) Since the enactment of the Master Plan for Higher Education in 1960, California’s system of postsecondary education has provided access and high-quality educational opportunities that have fueled California’s economic growth and promoted social mobility. (b) In today’s global information economy, California’s national and international success as an educational and economic leader will require strategic investments in, and improved management of, state educational resources. (c) Several factors, including changing demographics, rising costs, increased competition for scarce state funding, and employer concerns about graduates’ skills, present new challenges to higher education and state policymakers in effectively meeting the postsecondary education needs of Californians. (d) Although the public segments of postsecondary education have each undertaken efforts to improve reporting and transparency, these efforts do not combine to indicate whether the postsecondary system as a whole is on track to meet the state’s needs. (e) The absence of a common vision and common goals for California’s postsecondary education system hinders the state’s ability to effectively make critical fiscal and policy decisions. (f) Policy and educational leaders should collectively hold themselves accountable for meeting the state’s civic and workforce needs, for ensuring the efficient and responsible management of public resources, and for ensuring that California residents have the opportunity to successfully pursue and achieve their postsecondary educational goals. (Added by Stats. 2013, Ch. 367, Sec. 1. (SB 195) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2.5. State Goals For California’s Postsecondary Education System [66010.9 - 66010.95] SECTION 66010.91. Source version: id_1d066ff2-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2.5. In order to promote the state’s competitive economic position and quality of civic life, it is necessary to increase the level of educational attainment of California’s adult population to meet the state’s civic and workforce needs. To achieve that objective, it is the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to all of the following goals: (a) Improve student access and success, which shall include, but not necessarily be limited to, all of the following goals: greater participation by demographic groups, including low-income students, that have historically participated at lower rates, greater completion rates by all students, and improved outcomes for graduates. (b) Better align degrees and credentials with the state’s economic, workforce, and civic needs. (c) Ensure the effective and efficient use of resources in order to increase high-quality postsecondary educational outcomes and maintain affordability. (Added by Stats. 2013, Ch. 367, Sec. 1. (SB 195) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2.5. State Goals For California’s Postsecondary Education System [66010.9 - 66010.95] SECTION 66010.93. Source version: id_1d066ff4-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2.5. (a) It is the intent of the Legislature that appropriate metrics be identified, defined, and formally adopted for the purpose of monitoring progress toward the achievement of the goals specified in Section 66010.91. It is further the intent of the Legislature that all of the following occur: (1) The metrics take into account the distinct missions of the different segments of postsecondary education. (2) At least six, and no more than 12, metrics be developed that can be derived from publicly available data sources for purposes of periodically assessing the state’s progress toward meeting each of the goals specified in Section 66010.91. (3) The metrics be disaggregated and reported by gender, race or ethnicity, income, age group, and full-time or part-time enrollment status, where appropriate and applicable. (4) The metrics be used for purposes of the requirements of subdivision (a) of Section 69433.2. (5) The metrics take into account the performance measures required to be reported pursuant to Sections 89295 and 92675. (b) It is the intent of the Legislature to promote progress on the statewide educational and economic policy goals specified in Section 66010.91 through budget and policy decisions regarding postsecondary education. It is the intent of the Legislature that the metrics be used to ensure the effective and efficient use of state resources available to postsecondary education. It is further the intent of the Legislature that progress on the adopted metrics be reported and considered as part of the annual State Budget process. (Added by Stats. 2013, Ch. 367, Sec. 1. (SB 195) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2.5. State Goals For California’s Postsecondary Education System [66010.9 - 66010.95] SECTION 66010.95. Source version: id_1d069706-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2.5. For the purposes of this chapter, “segments of postsecondary education” means the California Community Colleges, the California State University, the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858. (Added by Stats. 2013, Ch. 367, Sec. 1. (SB 195) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2.6. Awards for Innovation in Higher Education Program [66010.96 - 66010.97] SECTION 66010.96. Source version: id_dff5ba6e-3d80-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2.6. (a) This article shall be known, and may be cited, as the Awards for Innovation in Higher Education Program. (b) The Awards for Innovation in Higher Education Program is hereby established to award funds appropriated for the program. (c) The Committee on Awards for Innovation in Higher Education shall award funds appropriated for the program. (d) The committee shall consist of the following members: (1) The Director of Finance, or his or her designee, who shall serve as the chairperson of the committee. (2) Four members appointed by the Governor. (3) One member appointed by the Speaker of the Assembly. (4) One member appointed by the Senate Committee on Rules. (e) The Department of Finance shall serve as staff to the committee. (f) Members of the committee shall serve without compensation, but the committee may reimburse members for necessary expenses incurred in the discharge of their duties. (g) Actions taken to implement the provisions of this section by the Department of Finance, or the committee, shall not be subject to provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (h) Any contract executed to implement the provisions of this section shall not be subject to the provisions of Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code. (i) For purposes of Section 1090 of the Government Code, members of the committee shall not be deemed to be interested in any contract, including any award of funds by the committee, pursuant to this section. (j) The committee shall develop administrative guidelines and other requirements for purposes of administering the program. (Added by Stats. 2016, Ch. 24, Sec. 14. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2.6. Awards for Innovation in Higher Education Program [66010.96 - 66010.97] SECTION 66010.97. Source version: id_dff5e180-3d80-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2.6. (a) The Committee on Awards for Innovation in Higher Education shall use funds appropriated in Item 6910-102-0001 of Section 2.00 of the Budget Act of 2016 to make awards pursuant to this section. (b) Moneys shall be awarded for innovations that reduce the time it takes students to complete degrees and credentials or reduce the total cost of attendance for students, or both, through any of the following: (1) Redesign of curriculum and instruction, such as implementation of three-year degrees. (2) Programs that allow students to make progress toward completion of degrees and credentials based on demonstration of knowledge and competencies, including military training, prior learning, and prior experiences. (3) Programs that make financial aid more accessible, including by increasing the number of students who apply for financial aid, or that reduce the costs of books and supplies. (c) The committee shall make an award only to a community college, but the award may be for innovations that encourage or require partnership between the community college and other entities. (d) The committee shall give preference, when making awards, to innovations that do at least one of the following: (1) Improve the outcomes described in subdivision (b) for students from groups that are underrepresented in higher education, such as low-income students, underrepresented minority students, first-generation students, students who are current or former foster youth, students with disabilities, and students who are veterans. (2) Use technology in ways that are not common in higher education to improve the outcomes described in subdivision (b). (Added by Stats. 2016, Ch. 24, Sec. 14. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2.7. Chancellor’s Higher Education Innovation Awards Program [66010.98 - 66010.99] SECTION 66010.98. Source version: id_2937d34b-61a2-11e7-8adc-8aa4aa845353 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2.7. (a) This article shall be known, and may be cited, as the Chancellor’s Higher Education Innovation Awards Program. (b) The Chancellor’s Higher Education Innovation Awards Program is hereby established to award funds appropriated for purposes of this article. (c) The Board of Governors of the California Community Colleges shall make awards from the funds appropriated for purposes of this article, and the Chancellor’s Office of the California Community Colleges shall develop administrative guidelines and other requirements for administration of the program. (Added by Stats. 2017, Ch. 23, Sec. 2. (SB 85) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 2.7. Chancellor’s Higher Education Innovation Awards Program [66010.98 - 66010.99] SECTION 66010.99. Source version: id_02575f1c-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=2.7. (a) The funds appropriated to the Board of Governors of the California Community Colleges in Schedule 23 of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2017 are for allocation by the board of governors to make awards to community colleges pursuant to this article. (b) The board of governors shall award moneys pursuant to this article for innovations that improve student success, and that are sustainable and capable of being scaled across the state, with a particular focus on all of the following: (1) Programs and frameworks that support students from groups that are underrepresented in higher education, such as low-income students, students from underrepresented schools and neighborhoods, first-generation students, students who are current or former foster youth, and students with disabilities. (2) Targeted services and programs for students who are current or former members of the Armed Forces of the United States. For the purposes of this section, “Armed Forces of the United States” means the Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, and the reserve components of each of those forces, the National Guard of any state, the California State Guard, and the California Naval Militia. (3) Programs and frameworks that support adults who have been displaced from the workforce, and adults who are underemployed, so as to obtain the necessary training for gainful employment. (4) Programs that support incarcerated adults in prisons and jails, including formerly incarcerated adults. (5) Programs that incorporate technology to improve instruction and support services with a plan to ensure student success in these types of programs. (c) The board of governors shall make an award pursuant to this article only to a community college, but the award may be for innovations that encourage or require partnership between the community college and other entities. (d) (1) By January 1, 2020, the Chancellor’s Office shall report to the Director of Finance and the Legislature a summary of the activities supported by the moneys awarded. (2) By January 1, 2022, the Chancellor’s Office shall report to the Director of Finance and the Legislature a summary of the outcomes for the student populations identified by the community colleges in their applications for an award, including, but not limited to, the number of degrees and certificates awarded and the time it took students to complete their program. (3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2022, Ch. 379, Sec. 4. (AB 1715) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66011. Source version: id_fd19948b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) It is hereby declared to be the policy of the Legislature that all resident applicants to California institutions of public higher education, who are determined to be qualified by law or by admission standards established by the respective governing boards, should be admitted to either (1) a district of the California Community Colleges, in accordance with Section 76000, (2) the California State University, or (3) the University of California. (b) As used in this part, “governing boards” means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Regents of the University of California. (Amended by Stats. 1990, Ch. 1372, Sec. 209.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66012. Source version: id_fd19948d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. It is hereby declared to be the intent of the Legislature that the fixed master plan approach in the development of public postsecondary education be replaced by a continuous planning process which includes: (a) A legislative study of California postsecondary education at 10-year intervals to reevaluate the planning process and provide guidelines regarding goals, societal needs and general missions of public higher education and its components. (b) Continuous planning by a state commission including a five-year plan which is to be updated annually. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66013. Source version: id_fd19948f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Each segment of public higher education shall strive for excellence in its sphere, as assigned in this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66014. Source version: id_fd199491-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. The provisions of this part shall supersede the provisions of any other law which conflict with the provisions of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66014.2. Source version: id_8efd5cd4-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) In order to help prospective students and their families more accurately calculate the cost of attendance, each campus of the California State University shall, and each campus of the University of California is requested to, post all of the following on its internet website, on or before February 1, 2020, and on or before February 1 each year thereafter: (1) (A) Information about the market cost of one- and two-bedroom apartments and of one-person bedrooms in private houses in the areas surrounding that campus where its students commonly reside. (B) In reporting this information, the campus shall exercise due diligence, and shall consult bona fide and reliable sources of current information about local housing market costs, including, but not necessarily limited to, information received from students of that campus, local newspapers and bulletin boards, and internet websites on which notices regarding local rental vacancies are posted. The information posted pursuant to this section shall be posted in the same location on the campus internet website where the housing cost estimates for off-campus students are posted. (2) Separate estimates of other cost-of-living categories, on the same internet web page, including, but not limited to, all of the following: (A) The estimated cost of living at home or in a permanent residence, such as with a parent. (B) The estimated cost of food. (C) The estimated cost of transportation. (D) The estimated cost of books and supplies. (E) The estimated cost of miscellaneous expenses. (F) The estimated cost of tuition. (G) The estimated cost of mandatory student fees. (H) A description of the data sources and methods used to calculate its estimates for each cost of living category. (3) A statement emphasizing both of the following: (A) All cost estimates reflect estimated costs for a typical student, but actual costs can vary considerably for individual students. (B) The university strongly encourages prospective students and their families to consider how their own costs might differ from those given in the estimates, including by seeking out cost of attendance estimates from other sources and by considering whether they will face other costs that are not listed in the estimate categories or how their veteran status might affect costs. (b) Each campus of the California State University shall, and each campus of the University of California is requested to, post the information described in subdivision (a) on the same internet web pages where it is required to post cost estimates of institutional housing and meal plans pursuant to Section 69503.6. (Amended by Stats. 2020, Ch. 370, Sec. 91. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66014.3. Source version: id_e8e162f8-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The California State University shall, and the University of California is requested to, publicly provide labor market outcome information relating to the graduates of their undergraduate programs. The California State University and the University of California may publicly provide labor market outcome information relating to the graduates of their graduate programs. This information shall include, but not necessarily be limited to, salary data, and the percentage distribution of graduates, classified by industry. (b) The information required by this section shall be provided using data including, but not necessarily limited to, information provided by the Employment Development Department pursuant to Section 1095 of the Unemployment Insurance Code and the segments’ own databases. The information shall be presented in accordance with all of the following requirements: (1) The data shall be presented in terms of easily understood labor market measures, such as median annual wage. (2) The data shall be aggregated to the systemwide level and by particular areas of study. (3) Labor market outcome data for each category shall, at a minimum, provide data relating to graduates one or two years, and five years, after their graduation. The Legislature encourages the California State University and the University of California to additionally provide labor market outcome data for periods longer than five years after graduation. (4) In the collection and publication of data pursuant to this section, the segments shall adhere to all pertinent state and federal privacy laws. (c) The information required by this section shall be made publicly available through publication on the Internet Web sites of the respective segments, and shall be updated no later than June 1 of each year. (Added by Stats. 2014, Ch. 394, Sec. 2. (SB 1022) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66014.4. Source version: id_477a4de0-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, “GI Bill educational benefits” means any educational benefit administered by the United States Department of Veterans Affairs pursuant to Title 38 of the United States Code that is designed to help eligible veterans of the Armed Forces of the United States or other eligible persons with a relationship to a veteran of the Armed Forces of the United States to cover the costs associated with enrollment as a student. (b) Commencing with the 2023–24 academic year, and annually thereafter for each academic year, the California State University shall, and the University of California is requested to, electronically transmit to the Department of Veterans Affairs, all of the following personal information regarding each student whose tuition or fees, or both, are paid, or intended to be paid, using GI Bill educational benefits, if the student has provided informed, written consent to the disclosure pursuant to subdivision (d): (1) True, full name. (2) Email address. (3) Mailing address. (4) Mobile telephone number. (c) For purposes of subdivision (b), both of the following apply: (1) The first data transfer shall include all students using or intending to use GI Bill educational benefits for the 2023–24 academic year. (2) Each annual data transfer after the first data transfer shall include only new students not identified in the prior data transfer who are using or intending to use GI Bill educational benefits for the academic year. (d) (1) On or before June 1, 2023, the office of the Chancellor of the California State University shall, and the office of the President of the University of California is requested to, develop and post on its internet website a template for informed, written consent to be used by campus financial aid offices that permits a student, when applying for financial aid, to opt in to having the student’s personal information shared with the Department of Veterans Affairs pursuant to this section. (2) The informed, written consent shall be developed and administered in compliance with federal and state laws relating to individual privacy, including the requirements of the federal Family Education Rights and Privacy Act of 1974 (Public Law 93-280, as amended) and applicable regulations, as these provisions may from time to time be amended. (e) Information obtained by the Department of Veterans Affairs pursuant to this section shall be used only for purposes in furtherance of providing benefits and support services for veterans and shall not be used or disclosed for any other purposes. (Added by Stats. 2022, Ch. 174, Sec. 1. (AB 1633) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66014.5. Source version: id_fd199493-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) It is the intent of the Legislature to recognize the role of independent, regionally accredited postsecondary education in California postsecondary education. Statewide planning, policy coordination, and review of postsecondary education shall include attention to the contributions of the independent institutions in meeting the state’s goals of access, quality, educational equity, economic development, and student aid. (b) The Legislature hereby finds and declares that there is a need of providing students with economic and academic freedom of choice in selecting a college or university they wish to attend. The Legislature further finds that an important means of meeting this need is through offering financial assistance to students who wish to attend public or independent colleges and universities and who have demonstrated financial need. (Amended by Stats. 1991, Ch. 1198, Sec. 6.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66014.6. Source version: id_0bac7e7c-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The office of the Chancellor of the California State University and the office of the Chancellor of the California Community Colleges shall, and the office of the President of the University of California is requested to, require each campus that provides campus-owned, campus-operated, or campus-affiliated student housing to post on its external and internal internet websites, at least twice each academic year, all of the following information: (1) The number of enrolled students, and how many of those students are veterans. (2) Existing campus housing stock, including, but not limited to, the number of available beds on campus. (3) (A) The number of students on the campus housing waiting list, and how many of those students are veterans. (B) The number of students that have removed themselves from the waiting list since the last report, and how many of those students are veterans. (4) If available, the number of students who request campus-owned, campus-operated, or campus-affiliated student housing, and how many of those students are veterans. (5) If available, the number of incoming freshmen, transfer students, and international students requiring campus-owned, campus-operated, or campus-affiliated student housing, and how many of those students are veterans. (b) Data collected pursuant to subdivision (a) shall be collected by the department or center on campus that is tasked with providing on-campus and off-campus housing assistance to students. (c) (1) The office of the Chancellor of the California State University and the office of the Chancellor of the California Community Colleges shall, and the office of the President of the University of California is requested to, submit, together with the information required pursuant to subparagraphs (B) and (C) of paragraph (1) of subdivision (i) of Section 17201, an annual report with the information described in subdivision (a) to the Legislature. (2) The office of the Chancellor of the California State University and the office of the Chancellor of the California Community Colleges shall, and the office of the President of the University of California is requested to, submit one report that compiles all of the campus data collected pursuant to subdivision (a). (3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (d) For purposes of this section, “veteran” has the same meaning as that term is defined in Section 980 of the Military and Veterans Code. (Amended by Stats. 2026, Ch. 79, Sec. 3. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66014.7. Source version: id_863385d2-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The South County Higher Education Planning Task Force is hereby established for purposes of evaluating the feasibility of establishing a mixed-use intersegmental educational facility in the City of Chula Vista. (b) (1) The task force shall be composed of the following members: (A) At least one representative from San Diego State University appointed by the Chancellor of the California State University. (B) At least one representative from Southwestern College appointed by the Chancellor of the California Community Colleges. (C) At least one representative from the University of California, San Diego, appointed by the President of the University of California. (D) At least one representative from the City of Chula Vista. (E) At least one representative from the Sweetwater Union High School District. (F) At least one public member appointed by the City of Chula Vista. (G) At least one representative appointed by the Speaker of the Assembly. (H) At least one representative appointed by the President pro Tempore of the Senate. (2) All task force members shall be South County residents or individuals who work or have a vested interest in the area. (3) The chair of the task force shall be voted on by a majority of the members. (c) The task force established pursuant to subdivision (a) shall do at least all of the following: (1) Identify and recommend potential governance structures for the mixed-use intersegmental educational facility, including, but not limited to, consortia and other collaborative models. (2) Identify and analyze potential site locations and infrastructure requirements. (3) Identify and recommend potential funding mechanisms, resources, and partnerships for the mixed-use intersegmental educational facility. (4) Identify any statutory barriers to the recommendations developed pursuant to paragraphs (1) to (3), inclusive, and recommend any statutory changes necessary for establishing the mixed-use intersegmental educational facility. (5) Conduct public engagement activities for purposes of gathering regional input. (6) Convene its first meeting on or before July 1, 2026. (d) (1) Notwithstanding Section 10231.5 of the Government Code, the task force established pursuant to subdivision (a) shall submit a report of its findings and recommendations to the appropriate policy and fiscal committees of the Legislature on or before July 1, 2027. (2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (e) (1) For purposes of this section, the task force may request and receive, but not require, information from the Board of Governors of the California Community Colleges and the Chancellor of the California Community Colleges, the State Department of Education, any community college district, any local educational agency, the office of the Chancellor of the California State University, the office of the President of the University of California, or any organization representing independent institutions of higher education. (2) For purposes of paragraph (1), “local educational agency” means a school district, county office of education, or charter school. (f) The task force established pursuant to this section shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (g) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031. (Added by Stats. 2025, Ch. 700, Sec. 2. (AB 662) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66014.8. Source version: id_f3b60faa-8988-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, the following terms have the following meanings: (1) “Institutional accreditation documents” means the institution’s institutional accreditation visiting team reports and the institutional accreditation agency action letters following an accreditation agency’s action relating to an initial accreditation, reaffirmation, comprehensive review, special visit, or any sanction or adverse action taken against an affiliated institution. (2) “Segment of postsecondary education” means the California Community Colleges, the California State University, the University of California, the independent institutions of higher education, as defined in Section 66010, or the private postsecondary educational institutions, as defined in Section 94858. (b) All campuses or other units of any segment of postsecondary education that receive public funding through state or federal financial aid programs, are institutionally accredited by an accrediting agency recognized by the United States Department of Education, and offer education and training programs to California students shall make final institutional accreditation documents available to the public, once those documents have been made final through an action of the accrediting agency, via display in a prominent location on the institution’s Internet Web site, with a link to these documents on the institutional Internet Web site homepage. (c) A campus or other unit of any segment of postsecondary education whose documents are not currently available to the public shall make all institutional accreditation documents finalized by the accrediting agency based on reviews that take place after July 1, 2015, available to the public pursuant to subdivision (b). (Added by Stats. 2014, Ch. 388, Sec. 1. (AB 2247) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66015. Source version: id_fd199495-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. It is the intent of the Governor and the Legislature, in cooperation with the Trustees of the California State University, to do both of the following: (a) Place a major priority on resolving the serious problem of impacted and overcrowded classes, not only with respect to the California State University, but throughout public postsecondary education. (b) Ensure that needy students receive financial aid sufficient to cover the cost of fee increases for each academic year. (Amended by Stats. 2001, Ch. 745, Sec. 31. Effective October 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66015.1. Source version: id_fd199497-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. The Legislature finds and declares all of the following: (a) The 1986 Report on Lower Division Education at the University of California stated that “lower division (education) is something of a neglected child...” and suggested steps for improving the quality of teaching and academic support services. (b) In 1991, the “Universitywide Task Force on Faculty Rewards Report” resulted in the adoption of policies to provide a greater emphasis on teaching. Policy revisions included broadening the range of evidence used in evaluation of teaching, peer review of teaching, and promotion policies that recognize great distinction in teaching as well as scholarship. (c) In 1992, the University of California issued a number of “Presidential Initiatives to Protect and Improve Undergraduate Education.” (d) The Legislature, in the Supplemental Report of the 1992 Budget Act, declared its intent that University of California faculty alter the distribution of their workload by: (1) Increasing the number of courses and sections offered that are required for normal progress toward a baccalaureate degree. (2) Increasing the number of freshman and sophomore seminars. (3) Increasing opportunities for undergraduate research. (4) Reducing the size of classes when desirable. These measures were expected to result in an increase in the average teaching load of one additional course every one to three years. (e) The report entitled “Initiatives to Improve Undergraduate Education,” prepared by the University of California in response to the 1992 Budget Act, is a commendable effort. (Added by Stats. 1993, Ch. 776, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66015.5. Source version: id_fd1b1b39-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) It is the intent of the Legislature that quality classroom instruction be continually improved and that courses required for normal progress to a baccalaureate degree be provided in sufficient numbers. (b) It is the further intent of the Legislature that where necessary the average teaching responsibilities of tenured and tenure track faculty be sufficiently increased to meet the goals described in this section. (Added by Stats. 1993, Ch. 776, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66015.7. Source version: id_fd1b1b3b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) In order to maintain and strengthen the high quality of international education in California, the Legislature encourages all public and private institutions of higher education to further develop, as their resources permit, programs that support learning about other cultures, global issues, and the exchange of Californians and international students and scholars. (b) For California students and scholars, institutions are encouraged, as resources permit, to accomplish all of the following: (1) Develop courses of study in as many fields as possible to increase students’ understanding of global issues and cultural differences. (2) Offer courses in languages other than English to train students to communicate effectively in other cultures and to enhance their understanding of other nations’ values. (3) Provide opportunities for students in all majors to participate in study abroad programs to enrich their academic training, perspectives, and personal development. (4) Provide opportunities for domestic and international students to interact effectively and routinely share their views, perceptions, and experiences in educational settings. (5) Develop innovative public educational forums and venues to explore global issues and showcase world cultures. (c) For international students and scholars, institutions are encouraged, as resources permit, to accomplish all of the following: (1) Encourage the presence of qualified students from other countries with sufficient geographic diversity to inspire an appreciation for differences among cultures and a deeper understanding of the values and perspectives of other people. (2) Facilitate faculty exchange and collaborative partnership programs with institutions in other countries. (3) Initiate collaborative research undertakings to address issues of global significance. (4) Recruit and retain the world’s best and brightest faculty to educate California’s students as globally competent citizens. (Added by Stats. 2002, Ch. 458, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66015.10. Source version: id_f8b4ae9f-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The University of California is requested to annually notify the governing board of each high school of both of the following: (1) The number of graduates who enrolled in the university in the previous year and the number of graduates who were required to take the entry level writing requirement. (2) The comparable numbers of all California high school graduates who enrolled in the university. (b) The University of California is requested to provide an annual summary of the information specified in subdivision (a) to the Department of Finance and the Joint Legislative Budget Committee. (Added by Stats. 2009, Ch. 386, Sec. 3. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66015.12. Source version: id_9c47b6f1-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) It is the intent of the Legislature that the California State University (CSU) assess and report the general education written communication and mathematics and quantitative reasoning placement levels of all first-time freshmen. On or before April 1 of each year, the CSU shall submit to the Legislature a report by each campus in the system that includes all of the following information: (1) The total number of regularly admitted and specially admitted first-time freshmen. (2) The number and proportion of regularly admitted and specially admitted first-time freshmen who fall into each of the university’s four levels of placement for general education written communication and mathematics and quantitative reasoning. For purposes of this paragraph, the university shall disaggregate this number into the following two general education categories: (A) Written communication. (B) Mathematics and quantitative reasoning. (3) The number and proportion of regularly admitted and specially admitted first-time freshmen in each level who meet the general education requirement for each category identified in paragraph (2) as follows: (A) Before the fall term of the academic year. (B) At the end of the fall term of the academic year. (C) At the end of the spring term of the academic year. (D) At the end of the fall term of the second academic year. (4) (A) An analysis of the university’s three factors that go into the multiple measures assessment of placement of freshmen into a specified level, and how predictive each of those factors is for student success indicators. (B) For purposes of this section: (i) The university’s three factors that go into the multiple measures assessment of the placement of freshmen are: (I) course taking, (II) grade point average, and (III) test taking. (ii) “Student success indicators” are all of the following: (I) persistence into the fall term of the second academic year at the CSU, (II) the number of units completed at the CSU in the first academic year, and (III) grade point average at the CSU in the first academic year. (5) An analysis of any equity gaps by income, race, or ethnicity within and across the university’s four levels of placement for general education written communication and mathematics and quantitative reasoning, and the university’s plan to address any such gaps. (b) The report required by this section shall comply with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 564, Sec. 1. (AB 914) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66016. Source version: id_fd1b1b3d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. It is the intent of the Legislature that opportunities for participation in intercollegiate athletic programs in the community colleges, in the campuses of the California State University, and in the campuses of the University of California be provided on as equal a basis as is practicable to male and female students. The costs of providing these equal opportunities may vary according to the type of sports contained within the respective men’s and women’s athletic programs. Therefore it is also the intent of the Legislature that additional sources of revenue should be determined to provide additional funds for these equal opportunity programs. (Amended by Stats. 1983, Ch. 143, Sec. 46.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66016.3. Source version: id_f9a3afa2-aa11-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) (1) Any student, including a person without lawful immigration status, or a person who is exempt from paying nonresident tuition pursuant to Section 68130.5, may serve in any capacity in student government at the California State University or the California Community Colleges and receive any grant, scholarship, fee waiver, or reimbursement for expenses incurred connected with that service to the full extent consistent with federal law. (2) Notwithstanding Section 1020 of the Government Code, any student attending a campus of the California Community Colleges, the California State University, the University of California, or an independent institution of higher education, as defined in Section 66010, who qualifies for exemption from paying nonresident tuition pursuant to Section 68130.5 may serve on any board or commission established pursuant to this title that includes members who are students. (b) The University of California is requested to comply with this section. (c) The Legislature finds and declares this section is a state law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code. (Amended by Stats. 2018, Ch. 182, Sec. 2. (AB 1887) Effective August 24, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66016.4. Source version: id_392f9979-3179-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. If a state court finds that Section 66016.3, or any similar provision adopted by the Regents of the University of California, is unlawful, the court may order, as equitable relief, that the administering entity that is the subject of the lawsuit terminate any waiver awarded under that statute or provision, but no money damages, tuition refund or waiver, or other retroactive relief may be awarded. In any action in which the court finds that Section 66016.3, or any similar provision adopted by the Regents of the University of California, is unlawful, the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief. (Added by Stats. 2011, Ch. 619, Sec. 2. (AB 844) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66017. Source version: id_fd1b1b3f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. The respective governing boards of the California Community Colleges, the California State University, or the University of California shall adopt appropriate procedures and designate appropriate persons to take disciplinary action against any student, member of the faculty, member of the support staff, or member of the administration of the community college, state college, or state university who, after a prompt hearing by a campus body, has been found to have willfully disrupted the orderly operation of the campus. Nothing in this section shall be construed to prohibit, where an immediate suspension is required in order to protect lives or property and to ensure the maintenance of order, interim suspension pending a hearing; provided that a reasonable opportunity be afforded the suspended person for a hearing within 10 days. The disciplinary action may include, but need not be limited to, suspension, dismissal, or expulsion. Sections 89538 to 89540, inclusive, shall be applicable to any state university or college employee dismissed pursuant to this section. (Amended by Stats. 1990, Ch. 1372, Sec. 210.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66017.7. Source version: id_ddfd3687-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) A public postsecondary educational institution or independent institution of higher education, or employee or student thereof, that confines dogs or cats for the purposes set forth in Section 1650 of the Health and Safety Code, if the institution assesses the health of an animal and determines, after the completion of any testing or research, that the animal is suitable for adoption, the animal’s destruction is not required, and the animal is no longer needed, and if the institution’s existing procedures for adopting the animal do not result in an adoption, shall offer the dogs or cats to an animal adoption organization or animal rescue organization for adoption prior to euthanizing those animals. A public postsecondary educational institution or independent institution of higher education that is required to offer dogs or cats to an animal adoption organization or animal rescue organization under this section may enter into an agreement with an animal adoption organization or animal rescue organization for the implementation of this section. (b) For purposes of this section, the following definitions shall apply: (1) “Animal adoption organization” or “animal rescue organization” means a not-for-profit entity that is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code established for purposes of rescuing animals in need and finding permanent, adoptive homes for those animals and that maintain records pursuant to Section 32003 of the Food and Agriculture Code. (2) “Independent institution of higher education” means a nonpublic educational institution as defined in subdivision (b) of Section 66010. (3) “Public postsecondary educational institution” means any campus of the University of California, the California State University, or the California Community Colleges. (c) This section does not apply to animals within the meaning of Section 17006 of the Food and Agricultural Code. (Added by Stats. 2015, Ch. 551, Sec. 1. (AB 147) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66018. Source version: id_fd1b1b41-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Each institution of public higher education shall require that all applications for any type of financial aid for students shall disclose all taxable income and all nontaxable income. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66018.4. Source version: id_6475536c-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) It is the intent of the Legislature to stop the practice of legacy and donor admissions and protect students as they pursue their higher education. (b) For purposes of this section, the following definitions apply: (1) “Donor preference in admissions” means considering an applicant’s relation to a donor of, or a donation to, the independent institution of higher education as a factor in the admissions process, including asking an applicant to indicate their family’s donor status and including that information among the documents that the independent institution of higher education uses to consider an applicant for admission. (2) “Independent institution of higher education” means a nonpublic higher education institution that grants undergraduate degrees, graduate degrees, or both, that is formed as a nonprofit corporation in this state, that is accredited by an agency recognized by the United States Department of Education, and that receives, or benefits from, state-funded student financial assistance or that enrolls students who receive state-funded student financial assistance. (3) (A) “Legacy preference in admissions” means considering an applicant’s relation to an alumni of the independent institution of higher education as a factor in the admissions process, including asking an applicant to indicate where their relatives attended college and including that information among the documents that the independent institution of higher education uses to consider an applicant for admission. (B) “Legacy preference in admissions” does not include collecting data on an applicant’s relation to an alumni or donors for purposes other than admissions decisions. (c) Commencing September 1, 2025, an independent institution of higher education shall not provide a legacy preference or donor preference in admissions to an applicant as part of the regular or early action admissions process. (d) On or before June 30, 2026, and annually thereafter, an independent institution of higher education shall report to the Legislature and the Department of Justice, in compliance with Section 9795 of the Government Code, either of the following: (1) The independent institution of higher education was in compliance with subdivision (c) for all enrolled students for that academic year. (2) (A) The independent institution of higher education was in violation of subdivision (c) for that same academic year. (B) (i) An independent institution of higher education that reports that it was in violation of subdivision (c), regardless of the number of violations, shall include in its report both of the following for that academic year: (I) The legacy status, donor status, race, county of residence, income brackets, and athletic status of newly enrolled students at the independent institution of higher education. (II) The admission rate of students who are provided a legacy preference or donor preference in admissions, as compared to the admission rate of students who are not provided a legacy preference or donor preference in admissions. (ii) Data in the report submitted pursuant to clause (i) shall only be publicly provided in the aggregate and in a manner that prevents the identification of any individual. (e) The Department of Justice shall post the names of the independent institutions of higher education that violate subdivision (c) on its internet website by the next fiscal year after receiving reports pursuant to subdivision (d). (Added by Stats. 2024, Ch. 1006, Sec. 1. (AB 1780) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66018.5. Source version: id_96ead37f-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The Legislature finds and declares all of the following: (1) The recent college admissions scandal highlights the need for fair and transparent admissions processes, and concern for what is referred to as “back door” admissions for legacy and donor-related applicants who collectively do not reflect the diversity of the state. (2) Research has shown that legacy and donor admissions give an unfair advantage to wealthier students who benefit from having parents or other individuals in their lives who went to college. (3) It is the intent of the Legislature to enact legislation to bring more fairness and transparency to college admissions in the state, especially at institutions of higher education that enroll students who receive state-funded financial aid. (b) On or before June 30, 2020, and on or before June 30 of each year from 2021 to 2024, inclusive, the Trustees of the California State University, the Regents of the University of California, and the appropriate governing bodies of each independent institution of higher education that is a “qualifying institution,” as defined in subdivision (l) of Section 69432.7, shall report to the appropriate budget subcommittees and policy committees of the Legislature whether their respective institutions provide any manner of preferential treatment in admission to applicants on the basis of their relationships to donors or alumni of the institution. (c) Each institution that provides preferential treatment as described in subdivision (b) shall include in its report pursuant to subdivision (b) all of the following for the academic year commencing in the previous calendar year pertaining to applicants described in subdivision (b): (1) The number of applicants who did not meet the institution’s admission standards that apply to all applicants, but who were offered admission. (2) The number of applicants reported pursuant to paragraph (1) who accepted admission to the institution. (3) The number of applicants reported pursuant to paragraph (2) who enrolled at the institution. (4) The number of applicants who met the institution’s admission standards that apply to all applicants and who were offered admission. (5) The number of applicants reported pursuant to paragraph (4) who accepted admission to the institution. (6) The number of applicants reported pursuant to paragraph (5) who enrolled at the institution. (d) Information reported by the California State University and the University of California pursuant to subdivisions (b) and (c) shall be disaggregated by each campus of these segments. (e) Notwithstanding Section 67400, this section shall apply to the University of California. (Added by Stats. 2019, Ch. 514, Sec. 1. (AB 697) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66018.55. Source version: id_c6ae7664-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) As used in this section, “college and university” includes all institutions of public higher education and all independent institutions of higher education. (b) The Office of Privacy Protection in the Department of Consumer Affairs shall establish a task force to conduct a review of the use by all colleges and universities of social security numbers in order to recommend practices to minimize the collection, use, storage, and retention of social security numbers in relation to academic and operational needs and applicable legal requirements. (c) The task force shall be known as the “College and University Social Security Number Task Force.” The Office of Privacy Protection shall determine the composition of the task force, which shall include, but not be limited to, all of the following: (1) Two representatives from each of the three institutions of public higher education. (2) Two representatives of the California Association of Independent Colleges and Universities. (3) Two representatives each from two organizations devoted to the protection of personal privacy. (4) One representative from a national organization devoted to the management of information technology in higher education. (5) One representative from the business community with expertise in technological solutions to privacy concerns. (6) One representative each from the Assembly Committee on Judiciary and the Senate Committee on Judiciary. (d) The task force shall seek input, as deemed necessary and appropriate, from all of the following: (1) Representatives of organizations with expertise in technical policy and practices of Internet disclosure, privacy policy relevant to Internet disclosure, and fostering public integrity and accountability. (2) The constituencies of the college and university communities, including students, staff, and faculty. (e) The task force shall review and make recommendations to minimize the collection, use, storage, and retention of social security numbers by California colleges and universities and shall include, but not be limited to, all of the following: (1) A survey of best practices at colleges and universities and the costs of implementing those best practices. (2) The necessary use and protection of social security numbers for all of the following: (A) Research purposes. (B) Academic purposes, including, but not limited to, academic research, admission, financial aid, and other related operational uses. (C) Operational uses by academic medical centers, including, but not limited to, patient identification, tracking, and care. (D) Business purposes, including, but not limited to, the provision of employee benefits, tax purposes, loan programs, and other requirements imposed by current state and federal statutes and regulations. (E) Another operational need of the college or university. (3) Current personal privacy protections provided to students, applicants, staff, and faculty of colleges and universities. (4) Existing state and federal legal requirements, including regulatory requirements, mandating the use of social security numbers at colleges and universities. (5) The possible use of personal identifiers or other substitutes for social security numbers that protect personal information and meet the operational needs of colleges and universities. (6) The cost of funding any recommendations presented by the task force, including those that are of minimal cost and can be implemented immediately and those that require additional funding or time to implement. (f) The task force shall commence meetings no later than May 1, 2008. (g) (1) On or before July 1, 2010, the task force shall submit a final report of its findings and recommendations to the Office of Privacy Protection, and to the Assembly Committee on Judiciary and the Senate Committee on Judiciary. (2) The final report shall also include a list of the existing uses of social security numbers common among colleges and universities for routine operations and compliance with state and federal laws. (3) The findings and recommendations of the task force shall be informational only and shall not be binding on any college or university. (Amended by Stats. 2008, Ch. 179, Sec. 70. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66019. Source version: id_fd1b1b43-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Each state university and college, when determining eligibility for any state university or college educational opportunity program, and each governing board of a community college district, when determining eligibility for any community college educational opportunity program, shall consider nontaxable income. (b) The Regents of the University of California are requested to provide that nontaxable income be considered in all determinations of eligibility for any educational opportunity programs at the University of California. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66019.3. Source version: id_e1d1aef7-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) It is the intent of the Legislature to encourage the California Community Colleges, the California State University, and the University of California to disseminate information to foster care agencies regarding admissions requirements and financial aid. (b) The Legislature requests the Regents of the University of California and the Trustees of the California State University to explore methods of using the admissions-by-exemption category to assist the transition of students who are homeless youth or foster youth into four-year public institutions of higher education. (Amended by Stats. 2015, Ch. 571, Sec. 1. (AB 1228) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66020. Source version: id_0270bf63-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The Trustees of the California State University and the Board of Governors of the California Community Colleges shall, and the Regents of the University of California are requested to, work with their respective colleges and universities to confer an honorary degree upon each person, living or deceased, who was forced to leave his or her studies at the public postsecondary educational institution in which that person was enrolled as a result of the issuance of federal Executive Order 9066 on February 19, 1942, which caused the evacuation, relocation, and incarceration of individuals of Japanese ancestry during World War II. (b) In cases where an honorary degree is conferred upon a person who is deceased, the person’s surviving next of kin, or another representative chosen by the person’s surviving next of kin, may accept the honorary degree on the deceased person’s behalf. (c) Independent colleges and universities, as defined in subdivision (b) of Section 66010, are urged to comply with the terms of this section. (d) This section shall be implemented in a cost-effective manner by incorporating, to the extent practicable, any ceremony for the purpose of conferring honorary degrees with a previously scheduled commencement or graduation activity. (Added by Stats. 2009, Ch. 213, Sec. 2. (AB 37) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66020.5. Source version: id_6f90437c-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The Board of Governors of the California Community Colleges, the Trustees of the California State University, and the Student Aid Commission, including any auxiliary organization established pursuant to Section 69522, shall, and the Regents of the University of California are requested to, do all of the following: (1) (A) Provide for live video and audio transmission of all meetings, which are open to the public pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), through a technology that is accessible to as large a segment of the public as possible, including, but not necessarily limited to, the use of either of the following technologies: (i) Cable, satellite, or any other type of transmission that can be accessed through a television. (ii) Web cast, in which case notice of meetings that are open to the public and links to the Web cast shall be easily accessible via each entity’s Internet Web site. (B) If the meeting described in subparagraph (A) is conducted from more than one location at the same time, through a teleconference or a similar technology, the live video transmission shall be provided from at least one of the locations and the live audio transmission shall be provided from all locations. (2) Provide public notice before the meeting regarding which location or locations the live video transmission will be provided from pursuant to paragraph (1). (3) Archive and post the video and audio transmissions recorded pursuant to paragraph (1) on the entity’s Internet Web site for at least 12 months and within 48 hours following the initial transmission. (b) It is not a violation of this section if technical failures prevent an entity from providing a live video or audio transmission, or archiving or posting the video and audio transmission, so long as the entity exercised reasonable diligence in making a live video or audio transmission available and archiving and posting the video and audio transmission. (Amended by Stats. 2012, Ch. 580, Sec. 1. (AB 1723) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66020.8. Source version: id_9396f3b4-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Adjustment for unusual circumstances” means an unusual circumstances adjustment, as described in 20 U.S.C. Sec. 1087tt(c) and 20 U.S.C. Sec. 1087vv(d)(9), regarding the dependency status of a financial aid applicant. (2) “Applicant” means a financial aid applicant attending, or applying to attend, the California State University, California Community Colleges, or University of California. (3) “Financial aid” means any form of student financial aid or institutional financial aid. (4) “Financial aid administrator” means a financial aid administrator of the California State University, California Community Colleges, or University of California for purposes of determining institutional financial aid of the applicant, or the Student Aid Commission for purposes of determining student financial aid of the applicant, as applicable. (5) “Institutional financial aid” means all institutional grant aid, including institutional student need-based and merit-based aid. (6) “Local educational agency” means a school district, charter school, or county office of education. (7) “Sworn attestation” means a statement signed under penalty of perjury by an authorized representative of a local educational agency, county child welfare department, or probation department. The attestation shall include all of the following: (A) The name, organization, and title of the attester. (B) A declaration that the attester has provided services, instruction, or assistance to the student. (C) A declaration that the attester is familiar with the student’s relationship with their parent or parents, as defined in Section 668.2(b) of Title 34 of the Code of Federal Regulations. (D) A declaration that, to the best of the attester’s personal knowledge, the student is either unable to contact their parent or parents, or contacting their parent or parents would pose a risk to the student. (b) For purposes of making an adjustment for unusual circumstances of an applicant, a financial aid administrator shall accept a sworn attestation as sufficient documentation for purposes of 20 U.S.C. Sec. 1087tt(a)(3)(B). (c) This section does not prohibit a financial aid administrator from accepting other types of adequate documentation to substantiate a student’s unusual circumstances in accordance with 20 U.S.C. Sec. 1087tt(a)(3). (d) The Regents of the University of California are requested to adopt a policy to implement this section. (Added by Stats. 2025, Ch. 610, Sec. 1. (AB 243) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021. Source version: id_fd1ca1e5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. It is the intent of the Legislature that the Budget Act for each fiscal year provide sufficient funding for financial aid for students with demonstrated financial need at the University of California, the California State University, and the California Community Colleges to offset increases in student charges at those institutions. The Legislature intends that funds for increased student financial aid be provided from sources other than student fees. (Amended by Stats. 1990, Ch. 1372, Sec. 211.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.1. Source version: id_74050657-0c98-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, the following terms shall have the following meanings: (1) “Institutional financial aid” means all institutional grant aid, including institutional student need-based and merit-based aid. (2) “Students” means California residents who are undergraduate students at the University of California or the California State University. (b) The California State University shall, and the University of California is requested to, report annually to the Legislature on their respective institutional financial aid programs. The California State University shall, and the University of California is requested to, provide reports on or before March 31 of each year. (c) The reports shall include all of the following: (1) A description of the goals, terms, and policies of each of the university’s institutional aid programs, including eligibility criteria, allocation of financial aid awards, fee waivers, and other relevant information. (2) A description and explanation of any changes the university has made to any of these policies since the prior year, and any changes the university intends to make for the next academic year. (3) The total amount the university expended on institutional aid for students, for the two prior academic years, the current year, and a projection for the next year, and the average and 90th percentile undergraduate institutional aid award amount provided per recipient for the prior two academic years and the current academic year. (4) By parental income level or expected family contribution deciles, both of the following information for the prior academic year: (A) Net price, which is the balance of the total cost of attendance minus all grant aid. (B) The percentage of students receiving institutional aid and the average dollar amount of that institutional aid. (5) For the prior academic year, the current academic year, and the budget year, an analysis identifying the estimated number of undergraduates with financial need; their aggregate cost of attendance and aggregate expected federal parent contribution; the aggregate amount of financial aid, including federal gift aid, state gift aid, institutional need-based aid, institutional merit-based aid, other institutional gift aid, and private gift aid, received by these students; the aggregate remaining amount to be met by work, borrowing, or other means; and an explanation of the estimated change in aggregate student need in the budget year resulting from changes in the cost of attendance, and other factors, including any fee increases proposed by the university in its fall budget proposal. The explanation shall include an estimate of the extent to which cost increases will be offset by federal, state, and institutional financial aid programs. The explanation shall also include an explanation of how year-to-year non-tuition cost increases were calculated. (6) The typical financial aid package for a typical dependent undergraduate student with a parent income of twenty thousand dollars ($20,000), forty thousand dollars ($40,000), sixty thousand dollars ($60,000), eighty thousand dollars ($80,000), and one hundred thousand dollars ($100,000). (7) An aggregate summary of financial aid awarded to students, including scholarships, grants, waivers, loans, and workstudy awards from federal, state, institutional, and private sources for the prior academic year. (8) Indicators of the effectiveness of the university’s aid programs in achieving the university’s stated goals related to financial aid. (9) Information on students who submit a Free Application for Federal Student Aid, or Dream Act Application, but do not receive a Cal Grant or institutional financial aid for the prior academic year. This information shall be disaggregated by race, ethnicity, expected family contribution deciles, and dependency status. (10) The California State University shall include information on the number of students who are eligible for a grant pursuant to the State University Grant Program but do not receive it or receive a partial award for the prior academic year. This information shall be disaggregated by race, ethnicity, and campus of attendance. (11) The University of California is requested to include information on the average undergraduate student financial self-help level. This information shall be disaggregated by race, ethnicity, and campus of attendance. (d) To the extent the university provides the information requested in subdivision (c) in reports to its governing board or in other university publications, those reports or publications may be submitted to the Legislature to satisfy this request. (Amended by Stats. 2019, Ch. 497, Sec. 77. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.2. Source version: id_357735b3-f6cf-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to and selection of an institution of higher education for students with financial need, the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 shall be as follows: (a) Commencing with the 2001–02 academic year and every year thereafter, an applicant for a Cal Grant A or B award shall receive an award that is not in excess of the financial need amount determined by the Student Aid Commission pursuant to Section 69432.9 if the applicant complies with all of the following requirements: (1) Demonstrates financial need under the criteria adopted pursuant to Section 69432.9. (2) Attains a grade point average, as defined in Section 69432.7, meeting the requirements of Chapter 1.7 (commencing with Section 69430) of Part 42. (3) Complies with each of the eligibility criteria applicable to the type of Cal Grant award for which the applicant is applying. (b) (1) (A) The maximum Cal Grant A award for a student attending the University of California or the California State University shall equal the mandatory systemwide fees in the segment attended by the student, plus the access award specified in Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42 if the student meets qualifying criteria pursuant to subdivision (b) of Section 69465, or the access award specified in Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42 if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470. (B) The maximum Cal Grant B award for a student who is attending the University of California, the California State University, or the California Community Colleges when not enrolled in upper division coursework as described in paragraph (2), shall equal the mandatory systemwide fees in the segment attended by the student, except for community college students who receive waivers from the Board of Governors of the California Community Colleges, plus the access award calculated as specified in Article 3 (commencing with Section 69435) or, if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42, or if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470, Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42, except that in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. (2) (A) The maximum Cal Grant A award for a community college student enrolled in upper division coursework of a baccalaureate degree program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, shall equal the per unit fees charged for the upper division coursework for the academic term, plus the access award specified in Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42 if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, or the access award specified in Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42 if the student meets the qualifying criteria pursuant to subdivision (a) of Section 69470. (B) The maximum Cal Grant B award for a community college student enrolled in upper division coursework of a baccalaureate degree program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, shall equal the per unit fees charged for the upper division coursework for the academic term, plus the access award calculated as specified in Article 3 (commencing with Section 69435) or, if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42, or if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470, Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42. (c) The maximum Cal Grant awards for students attending nonpublic institutions shall be as follows: (1) The maximum Cal Grant A award shall equal the tuition award level established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts. (2) The maximum Cal Grant B award shall equal the amount of the tuition award as established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts, plus the amount of the access costs specified in Section 69435, except that, in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. (d) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant C award shall be used only for occupational or technical training. (e) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant T award shall be used only for one academic year of full-time attendance in a program of professional preparation that has been approved by the California Commission on Teacher Credentialing. (f) An institution of higher education in this state that participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not reduce its level of per capita need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the 2000–01 academic year. (g) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to and selection of an institution of higher education for students with financial need and academic merit. (h) It is the policy of the State of California that the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement the federal Pell Grant program. (i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program. (Amended by Stats. 2021, Ch. 144, Sec. 13. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.2. Source version: id_4b298ef7-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to and selection of an institution of higher education for students with financial need, the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 shall be as follows: (a) Commencing with the 2001–02 academic year and every year thereafter, an applicant for a Cal Grant A or B award shall receive an award that is not in excess of the financial need amount determined by the Student Aid Commission pursuant to Section 69432.9 if the applicant complies with all of the following requirements: (1) Demonstrates financial need under the criteria adopted pursuant to Section 69432.9. (2) Attains a grade point average, as defined in Section 69432.7, meeting the requirements of Chapter 1.7 (commencing with Section 69430) of Part 42. (3) Complies with each of the eligibility criteria applicable to the type of Cal Grant award for which the applicant is applying. (b) (1) (A) The maximum Cal Grant A award for a student attending the University of California or the California State University shall equal the mandatory systemwide fees in the segment attended by the student, plus the access award specified in Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42 if the student meets qualifying criteria pursuant to subdivision (b) of Section 69465, or the access award specified in Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42 if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470. (B) The maximum Cal Grant B award for a student who is attending the University of California, the California State University, or the California Community Colleges when not enrolled in upper division coursework as described in paragraph (2), shall equal the mandatory systemwide fees in the segment attended by the student, except for community college students who receive waivers from the Board of Governors of the California Community Colleges, plus the access award calculated as specified in Article 3 (commencing with Section 69435) or, if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42, or if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470, Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42, except that in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. (2) (A) The maximum Cal Grant A award for a community college student enrolled in upper division coursework of a baccalaureate degree program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, shall equal the per unit fees charged for the upper division coursework for the academic term, plus the access award specified in Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42 if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, or the access award specified in Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42 if the student meets the qualifying criteria pursuant to subdivision (a) of Section 69470. (B) The maximum Cal Grant B award for a community college student enrolled in upper division coursework of a baccalaureate degree program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, shall equal the per unit fees charged for the upper division coursework for the academic term, plus the access award calculated as specified in Article 3 (commencing with Section 69435) or, if the student meets the qualifying criteria pursuant to subdivision (b) of Section 69465, Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42, or if the student meets qualifying criteria pursuant to subdivision (a) of Section 69470, Article 10 (commencing with Section 69470) of Chapter 1.7 of Part 42. (c) The maximum Cal Grant awards for students attending nonpublic institutions shall be as follows: (1) The maximum Cal Grant A award shall equal the tuition award level established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts. (2) The maximum Cal Grant B award shall equal the amount of the tuition award as established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts, plus the amount of the access costs specified in Section 69435, except that, in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. (d) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant C award shall be used only for occupational or technical training. (e) Commencing with the 2000–01 academic year, and each academic year thereafter, the Cal Grant T award shall be used only for one academic year of full-time attendance in a program of professional preparation that has been approved by the Commission on Teacher Credentialing. (f) An institution of higher education in this state that participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not reduce its level of per capita need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the 2000–01 academic year. (g) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to and selection of an institution of higher education for students with financial need and academic merit. (h) It is the policy of the State of California that the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement the federal Pell Grant program. (i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program. (j) This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if funding for the Cal Grant Reform Act, established pursuant to Chapter 1.5 (commencing with Section 69405) of Part 42 of this division is included in the annual Budget Act. (Amended by Stats. 2022, Ch. 54, Sec. 7. (AB 183) Effective June 30, 2022. Conditionally operative as prescribed by Stats. 2022, Ch. 54, Sec. 65. Conditionally inoperative July 1, 2024, by its own provisions. Conditionally repealed as of January 1, 2025, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.3. Source version: id_8455a919-0c98-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Notwithstanding Section 67400, by January 1, 2020, and permanently thereafter, each campus of the University of California, the California State University, and the California Community Colleges, and each independent institution of higher education as defined in Section 66010, shall provide students with the Financial Aid Shopping Sheet as developed by the United States Department of Education to inform students or individuals who have been offered admission about financial aid award packages. An institution subject to this section shall provide the completed Financial Aid Shopping Sheet when it provides in print or electronically a financial aid award package to an individual who is offered admission to the institution. (b) In implementing this section, the institutions of higher education identified in this section may seek guidance as needed from the United States Department of Education. (Amended by Stats. 2019, Ch. 497, Sec. 78. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.4. Source version: id_fd1ca1e9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. It is the intent of the Legislature to support student financial aid programs for eligible students enrolled in teacher credential and graduate degree programs, including an emphasis on increasing the number of graduate students from currently and historically underrepresented groups who are preparing to become future elementary and secondary teachers or postsecondary faculty members. (Added by Stats. 1990, Ch. 1699, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.5. Source version: id_3789bd18-e411-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Notwithstanding any other law, payments made, pursuant to subdivision (a) of Section 11402.7 of the Welfare and Institutions Code, to a student or applicant for enrollment shall not be considered when the California State University or a campus of the California Community Colleges determines eligibility for a waiver of fees, or any other financial aid, for a minor who is living in a dormitory or other designated housing of the institution he or she attends, as described in Section 11402.7 of the Welfare and Institutions Code. (Added by Stats. 2017, Ch. 710, Sec. 1. (AB 766) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.6. Source version: id_4edd118b-3179-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Notwithstanding any other law, and except as provided for in subdivision (b), the Trustees of the California State University and the Board of Governors of the California Community Colleges shall, and the Regents of the University of California are requested to, establish procedures and forms that enable persons who are exempt from paying nonresident tuition under Section 68130.5, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student aid programs administered by these segments to the full extent permitted by federal law. The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code. (b) The number of financial aid awards received by California resident students from financial aid programs administered by the segments shall not be diminished as a result of the application of subdivision (a). The University of California is requested to comply with this subdivision. (c) This section shall become operative on January 1, 2013. (Added by Stats. 2011, Ch. 604, Sec. 1. (AB 131) Effective January 1, 2012. Section operative January 1, 2013, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.7. Source version: id_6469bb2d-3179-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Notwithstanding any other law, on and after January 1, 2012, a student attending the California State University, the California Community Colleges, or the University of California who is exempt from paying nonresident tuition under Section 68130.5 shall be eligible to receive a scholarship that is derived from nonstate funds received, for the purpose of scholarships, by the segment at which he or she is a student. The Legislature finds and declares that this section is a state law within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code. (Added by Stats. 2011, Ch. 93, Sec. 3. (AB 130) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.8. Source version: id_a8485261-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Commencing with the 2020–21 academic year, the California Community Colleges and the California State University shall, and the University of California is requested to, designate a Dreamer Resource Liaison on each of their respective campuses, as specified in subdivision (b), to assist students meeting the requirements set forth in Section 68130.5 by streamlining access to all available financial aid and academic opportunities for those students. (b) (1) Each campus of the California Community Colleges shall ensure that it has a staff person designated as a Dreamer Resource Liaison who is knowledgeable in available financial aid, social services, state-funded immigration legal services, internships, externships, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ extended opportunity programs and services office or financial aid office. (2) Each campus of the California State University shall ensure that it has a staff person designated as a Dreamer Resource Liaison who is knowledgeable in available financial aid, social services, state-funded immigration legal services, internships, externships, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational opportunity programs office or financial aid office. (3) The University of California is encouraged to designate a Dreamer Resource Liaison on each of its campuses. That staff person should be knowledgeable in available financial aid, social services, state-funded immigration legal services, internships, externships, and academic opportunities for all students meeting the requirements set forth in Section 68130.5, including undocumented students. The Legislature encourages each of these campuses to place this designated staff person in the campus’ educational opportunity programs office or financial aid office. (c) (1) The California Community Colleges, the California State University, and the University of California are encouraged to establish Dream Resource Centers on each of their respective campuses. (2) Dream Resource Centers may offer support services, including, but not necessarily limited to, state and institutional financial aid assistance, academic counseling, peer support services, psychological counseling, referral for social services, and state-funded immigration legal services. (d) (1) This section shall not be construed as encouraging the construction of a new or separate space for Dream Resource Centers. (2) Dream Resource Centers may be housed within existing student service or academic centers. (3) The space in which the Dreamer Resource Liaison is located may be deemed a Dream Resource Center. (e) Notwithstanding Section 11005 of the Government Code and any other law requiring approval by a state officer of gifts, bequests, devises, or donations, the Trustees of the California State University, the Board of Governors of the California Community Colleges, and the Regents of the University of California may seek and accept on behalf of the state any gift, bequest, devise, or donation whenever the gift and the terms and conditions thereof will aid in the creation and operation of Dream Resource Centers for their respective systems. (Added by Stats. 2019, Ch. 788, Sec. 2. (AB 1645) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66021.9. Source version: id_25cfcb43-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The University of California may provide a scholarship as established by the university or a campus of the university, derived from nonstate funds received for that purpose, to any of its enrolled students who meet the eligibility requirements for that scholarship. (b) The Legislature finds and declares that this section is a state law within the meaning of subdivision (d) of Section 1621 of Title 8 of the United States Code. (c) This section shall remain in effect only until June 30, 2027, and as of that date is repealed. (Amended by Stats. 2023, Ch. 50, Sec. 3. (SB 117) Effective July 10, 2023. Repealed as of June 30, 2027, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66022. Source version: id_d18a8b91-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) (1) The governing board of every community college district, the Trustees of the California State University, the Regents of the University of California, and the Board of Directors of the College of the Law, San Francisco shall adopt regulations providing for the withholding of institutional services from students or former students who have been notified in writing at the student’s or former student’s last known address that they are in default on a loan or loans under the Federal Family Education Loan Program. (2) For purposes of this section, “default” means the failure of a borrower to make an installment payment when due, or to meet other terms of the promissory note under circumstances in which the guarantee agency finds it reasonable to conclude that the borrower no longer intends to honor the obligation to repay, provided that this failure persists for 180 days for a loan repayable in monthly installments, or 240 days for a loan repayable in less frequent installments. (b) (1) The regulations adopted pursuant to subdivision (a) shall provide that the services withheld may be provided during a period when the facts are in dispute or when the student or former student demonstrates to either the governing board of the community college district, the Trustees of the California State University, the Regents of the University of California, or the Board of Directors of the College of the Law, San Francisco, as appropriate, or to the Student Aid Commission, or both the commission and the appropriate entity or its designee, that reasonable progress has been made to repay the loan or that a reasonable justification exists for the delay as determined by the institution. The regulations shall specify the services to be withheld from the student and may include, but are not limited to, either or both of the following: (A) The provision of grades. (B) The provision of diplomas. (2) The adopted regulations shall not include the withholding of registration privileges or transcripts. (c) This section shall not impose any requirement upon the University of California or the College of the Law, San Francisco unless the Regents of the University of California or the Board of Directors of the College of the Law, San Francisco, respectively, by resolution, make this section applicable. (d) Guarantors, or those who act as their agents or act under their control, who provide information to postsecondary educational institutions pursuant to this section, shall defend, indemnify, and hold harmless the governing board of every community college district, the Trustees of the California State University, the Regents of the University of California, and the Board of Directors of the College of the Law, San Francisco from action resulting from compliance with this section when the action arises as a result of incorrect, misleading, or untimely information provided to the postsecondary educational institution by the guarantors, their agents, or those acting under the control of the guarantors. (Amended by Stats. 2023, Ch. 188, Sec. 1. (SB 886) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66022.5. Source version: id_a3a03533-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Admission by exception” means the process by which a campus admits applicants who do not meet the eligibility requirements for admission to the segment, or guaranteed admission to a campus of the segment, but who demonstrate high potential for success and leadership in an academic or special talent program at the campus. (2) “Campus” means a campus of the California State University or the University of California. (3) “Senior campus administrator” shall not include any staff associated with campus development, external affairs, fundraising, donor relations, alumni relations, or alumni outreach. (4) “Special talent program” refers to a campus’ program that requires additional admissions review to determine the qualification of an applicant for admission into that program. Special talent program includes, but is not necessarily limited to, a campus’ athletic or fine arts program. (b) A campus shall not admit a student by admission by exception unless the student’s admission by exception has been approved, before the student’s enrollment, by a minimum of three senior campus administrators. (c) Notwithstanding subdivision (b), a campus may admit, by admission by exception, a California resident who is receiving an institution-based scholarship to attend the campus or an applicant who is accepted by an educational opportunity program for admission to the campus. (d) A campus that admits a student by admission by exception shall comply with both of the following: (1) Document its employees who were involved in the evaluation of the student’s application for admission. (2) Establish a policy that applies articulated standards to the campus’ admissions by exception decisions. The standards shall include minimum procedural requirements and shall include an explanation for choosing the standards that supports their application as fair and appropriate. (e) A campus that admits a student by admission by exception into an athletics program shall establish a policy requiring the student to participate in the program for a minimum of one academic year. (f) (1) Upon request, a campus shall report to the Legislature, pursuant to Section 9795 of the Government Code, any information that is required to be established or documented pursuant to this section. (2) The campus shall submit information to the Legislature pursuant to paragraph (1) to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (g) This section shall not be interpreted to prohibit the University of California from adopting policies that impose additional restrictions on or requirements for admission by exception. (h) This section shall become operative commencing with admissions for the 2021–22 academic year. (Amended by Stats. 2021, Ch. 47, Sec. 1. (AB 251) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66023. Source version: id_fd1ca1ed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Each segment of public higher education shall establish, and update as necessary, a written policy concerning students who are called to active military service. The policy shall do all of the following: (a) Ensure that those students do not lose academic credits or degree status. (b) Provide for a refund of fees paid by the student for the term in which he or she was called to active military service. (Amended by Stats. 1995, Ch. 758, Sec. 30.5. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66023.4. Source version: id_49df0150-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) As used in this section: (1) “Basic needs services and resources” includes, but is not limited to, housing, food, clothing, feminine hygiene, diapers, technology, childcare services and resources, and mental health services and resources. (2) “Childcare services and resources” includes, but is not limited to, providing information on affordable childcare options on and near campus and information and connections to local resource and referral agencies in order to obtain support in applying to state and federal childcare subsidies and programs and finding local childcare providers, including, but not limited to, the California state preschool program, Head Start, the California Work Opportunity and Responsibility to Kids (CalWORKs) childcare program, and general child care and development programs. Childcare services and resources may also include direct financial or service support. (3) “Coordinator” means a basic needs coordinator established pursuant to this section. (b) Each campus of the California State University shall, and each campus of the University of California is requested to, do all of the following: (1) On or before July 1, 2025, establish the position of the Basic Needs Coordinator, and designate a staff person as the Basic Needs Coordinator to serve as the single point of contact for students experiencing basic needs insecurity related to basic needs services and resources. The coordinator shall act as a broker in identifying, supporting, and linking students to on- and off-campus housing, food, mental health, and other basic needs services and resources. To ensure the effectiveness and impact of this position, the coordinator shall be a dedicated position solely focused on addressing the basic needs of students and meet qualifications such as experience providing services to high-need and diverse populations. The coordinator shall oversee and coordinate with other staff tasked with addressing students’ basic needs, shall inform students of on- and off-campus basic needs services and resources and how to access them, and shall develop on- and off-campus partnerships to provide basic needs services and resources to their students. (2) (A) On or before July 1, 2025, establish a Basic Needs Center, which means a central location on campus where basic needs services, resources, and staff are made available to students. The Basic Needs Center is intended to be a one-stop, single location and point of contact for students to more easily access and gain awareness of basic needs services and resources. The campus shall make a reasonable effort to locate all on-campus basic needs services and resources at the Basic Needs Center. If the campus cannot reasonably locate all basic needs services or resources at the Basic Needs Center, the campus shall provide students with the location and contact information, including name, telephone number, and email address, for all basic needs services and resources not located in the Basic Needs Center. The coordinator shall be housed in the Basic Needs Center. (B) Each Basic Needs Center shall do all of the following: (i) Help ensure that students have the information they need to enroll in CalFresh, the California Earned Income Tax Credit (CalEITC), the Young Child Tax Credit (YCTC), the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and other relevant government benefits programs. This clause does not require campus Basic Needs Centers to provide tax advising or preparation services. (ii) If a campus has an existing center or office that supports parenting students and a student may be better served by that center or office, have the authority to direct that student to the student parent center or office. (iii) Coordinate with their campus financial aid department or financial aid office. This clause does not require nor encourage the Basic Needs Center to be combined or colocated with the financial aid department or financial aid office. (iv) Connect students to the financial aid department or financial aid office, as appropriate, to ensure that students are receiving all available financial aid, including supplemental awards such as the awards for students with dependent children established pursuant to Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42. (v) Coordinate with their local homelessness response system to refer students to community resources available to address homelessness in addition to services and resources provided by the campus. (C) Basic Needs Centers may provide support to students who can be reasonably expected to enroll in the upcoming term and to provide support to students during summer and winter breaks who were previously enrolled or are enrolled for the upcoming fall or spring term. (D) Campuses shall endeavor, to the extent feasible, to use a portion of any funds made available for basic needs support for providing funds directly to students to address urgent needs. To the extent that a Basic Needs Center is already in place, that center may be used to satisfy the requirements of this section. If the existing Basic Needs Center fulfills only part of the requirements of this section, basic needs services and resources shall be expanded as needed to satisfy all the requirements of this section. (E) The childcare services and resources a Basic Needs Center may provide for parenting students includes, but is not limited to, direct financial or service support. (3) (A) On or before February 1, 2025, develop a document that shall be provided to students at the Basic Needs Center, once established pursuant to paragraph (2), in either electronic format or paper form, and that shall be made available to students online, that clearly lists on- and off-campus basic needs services and resources that includes, but is not limited to, all of the following: (i) The description of the service or resource. (ii) The location of where the service or resource is provided. (iii) The point of contact for the service or resource, including a name, telephone number, and email address. (iv) Any eligibility restrictions on accessing the service or resource. (v) The United States Department of Agriculture’s Food and Nutrition Service’s “SNAP Retail Locator” internet website link, which contains a map with locations that are authorized retail food stores under the federal Supplemental Nutrition Assistance Program and accept the use of electronic benefits transfer cards issued pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code. (B) Provide the document to students as a part of campus orientations in either electronic format or paper form. (C) Provide to faculty the online link to the electronic format of the document, the location of the Basic Needs Center, once established pursuant to paragraph (2), and the contact information for the coordinator, once designated pursuant to paragraph (1), and encourage faculty to include the online link to the electronic format of the document, the location of the Basic Needs Center, and the contact information for the coordinator in their syllabi. (D) To ensure that the document remains useful to students, the document shall be reviewed, updated, and made available online on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution, as specified in paragraph (6), no later than the first day of every fall semester or fall quarter. (4) On or before February 1, 2025, streamline the application and intake process for on-campus basic needs services and resources to minimize duplication and eliminate barriers to access. If an application is required, develop and use a single application for students to receive on-campus basic needs services and resources. (5) On or before February 1, 2025, develop and implement a plan to identify and provide outreach to students, including nontraditional students, who have basic needs insecurity related to housing, food, and mental health. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), the outreach shall include information about the coordinator and the Basic Needs Center. (6) On or before February 1, 2025, provide a student basic needs tab that is clearly visible and easily accessible from a drop-down menu on the home page of the campus’ internet website and include the information described in paragraph (3) conspicuously on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), information about the coordinator and Basic Needs Center shall also be included on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution. (c) (1) Each campus of the California State University shall report to the office of the Chancellor of the California State University, and each campus of the University of California is requested to report to the office of the President of the University of California, information that shall include, but not be limited to, all of the following: (A) The description and number of basic needs services and resources, broken down by category. (B) The number of students served by the basic needs services and resources. (C) Any existing and available data regarding the socioeconomic and demographic backgrounds of these students. (D) Challenges and best practices in the implementation of the basic needs services and resources. (E) Whether students who used the basic needs services and resources remained enrolled or graduated from that campus. (F) The number of students who first started receiving CalFresh benefits in the previous year and the total number of students in the previous year who received CalFresh benefits, as provided by the State Department of Social Services. (G) Whether the campus has a data sharing agreement with the relevant county operating the CalFresh program for the purpose of identifying new, continuing, and returning students who are potentially eligible for CalFresh benefits, or efforts underway to enact such an agreement. (2) The data and information reported under this subdivision shall be disaggregated by each basic needs service and resource, where applicable. (3) Campuses are encouraged to collaborate with the State Department of Social Services to obtain the data identified in paragraph (1), as applicable. (d) (1) The office of the Chancellor of the California State University shall, and the office of the President of the University of California is requested to, develop and submit to the Governor and the Legislature, on or before March 1 of each year from 2026 to 2030, inclusive, a report based on the data and information reported by campuses pursuant to paragraphs (1) and (2) of subdivision (c) and information on the use of funds made available from the Budget Act of 2022 to implement this section. (2) A legislative report that includes the information required to be reported in this subdivision and submitted in any of the years 2026 to 2030, inclusive, shall fulfill the reporting requirement pursuant to this subdivision to reduce duplicative efforts. (e) This section does not preclude the California State University and the University of California from having additional basic needs staff who assist the Basic Needs Coordinator in completing the requirements of subdivision (b). (Amended by Stats. 2025, Ch. 600, Sec. 1. (SB 271) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66023.5. Source version: id_a7f42fb4-a949-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) As used in this section: (1) “Basic needs services and resources” includes, but is not limited to, housing, food, clothing, feminine hygiene, diapers, technology, childcare services and resources, and mental health services and resources. (2) “Childcare services and resources” includes, but is not limited to, providing information on affordable childcare options on and near campus and information and connections to local resource and referral agencies in order to obtain support in applying to state and federal childcare subsidies and programs and finding local childcare providers, including, but not limited to, the California state preschool program, Head Start, the California Work Opportunity and Responsibility to Kids (CalWORKs) childcare program, and general child care and development programs. Childcare services and resources may also include direct financial support or service support. (3) “Coordinator” means a basic needs coordinator established pursuant to this section. (b) Each campus of the California Community Colleges shall do all of the following: (1) No later than July 1, 2022, establish the position of the Basic Needs Coordinator, and designate a staff person as the Basic Needs Coordinator to serve as the single point of contact for students experiencing basic needs insecurity related to basic needs services and resources. The coordinator shall act as a broker in identifying, supporting, and linking students to on- and off-campus housing, food, mental health, and other basic needs services and resources. To ensure the effectiveness and impact of this position, the coordinator shall be a dedicated position solely focused on addressing the basic needs of students and meet qualifications such as experience providing services to high-need and diverse populations. The coordinator shall oversee and coordinate with other staff tasked with addressing students’ basic needs, shall inform students of on- and off-campus basic needs services and resources and how to access them, and shall develop on- and off-campus partnerships to provide basic needs services and resources to their students. (2) (A) No later than July 1, 2022, establish a Basic Needs Center, which means a central location on campus where basic needs services, resources, and staff are made available to students. The Basic Needs Center is intended to be a one-stop, single location and point of contact for students to more easily access and gain awareness of basic needs services and resources. The campus shall make a reasonable effort to locate all on-campus basic needs services and resources at the Basic Needs Center. If the campus cannot reasonably locate all basic needs services or resources at the Basic Needs Center, the campus shall provide students with the location and contact information, including name, telephone number, and email address, for all basic needs services and resources not located in the Basic Needs Center. The coordinator shall be housed in the Basic Needs Center. (B) Each Basic Needs Center shall help ensure that students have the information they need to enroll in CalFresh, the California Earned Income Tax Credit (CalEITC), the Young Child Tax Credit (YCTC), the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and other relevant government benefits programs. If a campus has an existing center or office that supports parenting students and a student may be better served by that center or office, the Basic Needs Center may direct that student to the student parent center or office. Each Basic Needs Center shall coordinate with their campus financial aid department or financial aid office. This section does not require nor encourage the Basic Needs Center to be combined or colocated with the financial aid department or financial aid office. The funding made available by the Budget Act of 2021 to implement this section, or any subsequent Budget Act or statute to implement this section, shall not be used to combine or colocate the Basic Needs Center with the financial aid department or financial aid office and shall not be used for the administration of student financial aid programs, including staffing. Each Basic Needs Center shall connect students to the financial aid department or financial aid office, as appropriate, to ensure that students are receiving all available financial aid, including supplemental awards such as the awards for students with dependent children established pursuant to Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42. Each Basic Needs Center shall coordinate with their local homelessness response system to refer students to community resources available to address homelessness in addition to services and resources provided by the campus. Basic Needs Centers may provide support to students who can be reasonably expected to enroll in the upcoming term and to provide support to students during summer and winter breaks who were previously enrolled or are enrolled for the upcoming fall or spring term. (C) Campuses shall endeavor, to the extent feasible, to use a portion of any funds made available for basic needs support for providing funds directly to students to address urgent needs. To the extent that a Basic Needs Center is already in place, that center may be used to satisfy the requirements of this section. If the existing Basic Needs Center fulfills only part of the requirements of this section, basic needs services and resources shall be expanded as needed to satisfy all the requirements of this section. (D) The childcare services and resources a Basic Needs Center may provide for parenting students includes, but is not limited to, direct financial or service support. (3) (A) No later than February 1, 2022, develop a document that shall be provided to students at the Basic Needs Center, once established pursuant to paragraph (2), in either electronic format or paper form, and that shall be made available to students online, that clearly lists on- and off-campus basic needs services and resources that includes, but is not limited to, all of the following: (i) The description of the service or resource. (ii) The location of where the service or resource is provided. (iii) The point of contact for the service or resource, including a name, telephone number, and email address. (iv) Any eligibility restrictions on accessing the service or resource. (B) On or before September 1, 2025, update the document developed pursuant to subparagraph (A) to include in the list of on- and off-campus basic needs services and resources the United States Department of Agriculture’s Food and Nutrition Service’s “SNAP Retail Locator” internet website link, which contains a map with locations that are authorized retail food stores under the federal Supplemental Nutrition Assistance Program and accept the use of electronic benefits transfer cards issued pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code. (C) Provide the document to students as a part of campus orientations in either electronic format or paper form. (D) Provide to faculty the online link to the electronic format of the document, the location of the Basic Needs Center, once established pursuant to paragraph (2), and the contact information for the coordinator, once designated pursuant to paragraph (1), and encourage faculty to include the online link to the electronic format of the document, the location of the Basic Needs Center, and the contact information for the coordinator in their syllabi. (E) To ensure that the document remains useful to students, the document shall be reviewed, updated, and made available online on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution, as specified in paragraph (6), no later than the first day of every fall and spring semester or no later than the first day of every fall and spring quarter. (4) No later than February 1, 2022, streamline the application and intake process for on-campus basic needs services and resources to minimize duplication and eliminate barriers to access. If an application is required, develop and use a single application for students to receive on-campus basic needs services and resources. (5) No later than February 1, 2022, develop and implement a plan to identify and provide outreach to students, including nontraditional students, who have basic needs insecurity related to housing, food, and mental health. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), the outreach shall include information about the coordinator and the Basic Needs Center. (6) No later than February 1, 2022, provide a student basic needs tab that is clearly visible and easily accessible from a drop-down menu on the home page of the campus’ internet website and include the information described in paragraph (3) conspicuously on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution. Once the coordinator is designated pursuant to paragraph (1) and the Basic Needs Center is established pursuant to paragraph (2), information about the coordinator and Basic Needs Center shall also be included on both the internet website of the campus via the student basic needs tab and the internet website-based student account associated with a student’s attendance at the institution. (7) (A) For the 2026–27 and 2027–28 fiscal years, provide classified employees with access to food pantry services offered by the Basic Needs Center. (B) It is the intent of the Legislature to redirect funding in the 2026–27 and 2027–28 fiscal years from the Classified Community College Employee Summer Assistance Program established pursuant to Article 11 (commencing with Section 88280) of Chapter 4 of Part 51 of Division 7 to support the activities described in subparagraph (A). (c) (1) Each campus of the California Community Colleges shall report to the office of the Chancellor of the California Community Colleges information that shall include, but not be limited to, all of the following: (A) The description and number of basic needs services and resources, broken down by category. (B) The number of students served by the basic needs services and resources. (C) Any existing and available data regarding the socioeconomic and demographic backgrounds of these students. (D) Challenges and best practices in the implementation of the basic needs services and resources. (E) Whether students who used the basic needs services and resources remained enrolled or graduated from that campus. (F) The number of students who first started receiving CalFresh benefits in the previous year and the total number of students in the previous year who received CalFresh benefits, as provided by the State Department of Social Services. (G) Whether the campus has a data sharing agreement with the relevant county operating the CalFresh program for the purpose of identifying new, continuing, and returning students who are potentially eligible for CalFresh benefits, or efforts underway to enact such an agreement. (2) The data and information reported under this subdivision shall be disaggregated by each basic needs service and resource, where applicable. (3) Campuses are encouraged to collaborate with the State Department of Social Services to obtain the data identified in paragraph (1), as applicable. (4) The data and information reported by each campus of the California Community Colleges for the 2026–27 and 2027–28 fiscal years shall also include both of the following for the applicable reporting period: (A) The number of classified employees served pursuant to subparagraph (A) of paragraph (7) of subdivision (b). (B) If appropriate, whether the use of food pantry services by classified employees pursuant to subparagraph (A) of paragraph (7) of subdivision (b) impacted resources available to students. (d) (1) The office of the Chancellor of the California Community Colleges shall develop and submit to the Governor and the Legislature every year beginning on or before May 1, 2023, a report based on the data and information reported by campuses pursuant to paragraphs (1) and (2) of subdivision (c) and information on the use of funds made available from the Budget Act of 2022 to implement this section. (2) A legislative report that includes the information required to be reported in this subdivision and submitted in any of the years required by paragraph (1) shall fulfill the reporting requirement pursuant to this subdivision to reduce duplicative efforts. (3) The reports submitted pursuant to paragraph (1) for the 2026–27 and 2027–28 fiscal years shall also include the data and information reported by campuses pursuant to paragraph (4) of subdivision (c) for the appropriate reporting period. (Amended by Stats. 2025, Ch. 745, Sec. 1.5. (SB 148) Effective October 13, 2025. Operative January 1, 2026, pursuant to Sec. 11 of Stats. 2025, Ch. 745.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66023.6. Source version: id_5c6427d4-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “CalFresh program” means the program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code. (2) “FAFSA” means the Free Application for Federal Student Aid. (3) “Independent institution of higher education” has the same meaning as defined in Section 66010. (4) “Private postsecondary educational institution” has the same meaning as defined in Section 94858. (b) It is the intent of the Legislature to clarify educational policies for purposes of addressing student hunger on campus by ensuring low-income students have equitable access to nutritious and sufficient food sources by improving access for low-income students to the CalFresh program. (c) It is the intent of the Legislature to codify the United States Department of Education’s Dear Colleague Letter GEN-22-02 issued on January 20, 2022, to ensure that California institutions of higher education are increasing awareness of available benefits for students to use to reduce hunger on campus and to ensure continued enrollment. (d) For purposes of Section 273.5(a) of Title 7 of the Code of Federal Regulations, a student shall be determined to be attending at least one-half time any semester or term in which the student enrolls in at least one-half of the number of credits needed each semester or term to graduate within four years of enrollment as a first-time freshmen or within two years of enrollment as a transfer student, unless prohibited by federal law. (e) (1) Each campus of the California State University and each community college district shall use FAFSA data to identify students who meet the income qualifications for the CalFresh program. (2) (A) Each campus of the California State University and each community college district shall send an email to the campus-based email account associated with a student identified pursuant to paragraph (1) informing the student that they may qualify for the CalFresh program if the student can also meet one of the exemptions for the CalFresh student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations. (B) The email described in subparagraph (A) shall encourage the student to contact the local county welfare agency to apply for the CalFresh program and include the contact information for the local county welfare agency and the designated campus staff who can assist the student in applying for the CalFresh program. (f) (1) Each campus of the University of California, each independent institution of higher education, and each private postsecondary educational institution is encouraged to use FAFSA data to identify students who meet the income qualifications for the CalFresh program. (2) (A) Each campus of the University of California, each independent institution of higher education, and each private postsecondary educational institution is encouraged to send an email to the campus-based email account associated with a student identified pursuant to paragraph (1) informing the student that they may qualify for the CalFresh program if the student can also meet one of the exemptions for the CalFresh student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations. (B) It is the intent of the Legislature that the email described in subparagraph (A) encourage the student to contact the local county welfare agency to apply for the CalFresh program and include the contact information for the local county welfare agency and the designated campus staff who can assist the student in applying for the CalFresh program. (g) For purposes of Section 483(a)(3)(E) of the Higher Education Act of 1965, as amended by Section 1090(a)(3)(E) of Title 20 of the United States Code, FAFSA data shall be used in accordance with federal law and for purposes of this section shall only be used to inform students of their potential CalFresh program eligibility. (Added by Stats. 2022, Ch. 934, Sec. 1. (AB 2810) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66023.8. Source version: id_667165d6-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The Wellness Vending Machine Pilot Program is hereby established. The California State University and the California Community Colleges shall administer the pilot program at their segments of public postsecondary education. (b) (1) The California State University shall select five campuses, that are deemed most appropriate, to participate in the pilot program. Each participating campus shall establish at the main campus, a satellite campus, or both, at least one wellness vending machine that dispenses wellness products, including, but not limited to, condoms, dental dams, menstrual cups, lubrication, tampons, menstrual pads, pregnancy tests, and nonprescription drugs, including discounted emergency contraception. (2) Each participating campus shall do both of the following: (A) To the extent possible, place wellness vending machines in central locations on campus that will enable students to have access 24 hours per day, seven days per week. (B) Select and implement at least one of the following methods, or other chosen method, to notify students of the presence of the wellness vending machine: (i) Pamphlets. (ii) Posters. (iii) Flyers. (iv) Social media. (v) Creating or updating internet websites. (vi) Hosting a grand opening event. (vii) Outreach to campus clubs and organizations. (viii) During an orientation session. (3) On or after July 1, 2025, and on or after each July 1, the California State University shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on the pilot project at its participating campuses. Information reported pursuant to this paragraph shall be disaggregated by campus, and shall include, but not be limited to, all of the following: (A) The location of the wellness vending machine. (B) Which times of the day and days of the week the wellness vending machine is stocked, functioning, and accessible to students. (C) The total cost to acquire and maintain the wellness vending machine. (D) Which method or methods were used to notify students of the presence of the wellness vending machine as required by subparagraph (B) of paragraph (2). (E) The types of products offered through the wellness vending machine. (F) Whether the price for each type of product was offered at a discounted rate as compared to the average retail price. (G) The total sales volume, disaggregated by type of product. (H) The name of each entity or organization, if any, the campus or segment partnered with to offer products through the wellness vending machine. (I) The source or sources of funding used to finance the wellness vending machine. (c) (1) The California Community Colleges shall select five community colleges, that are deemed most appropriate, to participate in the pilot program. Participation of community colleges shall be voluntary. Each participating community college shall establish at the main campus, a satellite campus, or both, at least one wellness vending machine that dispenses wellness products, including, but not limited to, condoms, dental dams, menstrual cups, lubrication, tampons, menstrual pads, pregnancy tests, and nonprescription drugs, including discounted emergency contraception. (2) Each participating community college shall do both of the following: (A) To the extent possible, place wellness vending machines in central locations on campus that will enable students to have access 24 hours per day, seven days per week. (B) Select and implement at least one of the following methods, or other chosen method, to notify students of the presence of the wellness vending machine: (i) Pamphlets. (ii) Posters. (iii) Flyers. (iv) Social media. (v) Creating or updating internet websites. (vi) Hosting a grand opening event. (vii) Outreach to campus clubs and organizations. (viii) During an orientation session. (3) On or after July 1, 2025, and on or after each July 1 thereafter, the California Community Colleges shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on the pilot project at its participating community colleges. Information reported pursuant to this paragraph shall be disaggregated by community college, and shall include, but not be limited to, all of the following: (A) The location of the wellness vending machine. (B) Which times of the day and days of the week the wellness vending machine is stocked, functioning, and accessible to students. (C) The total cost to acquire and maintain the wellness vending machine. (D) Which method or methods were used to notify students of the presence of the wellness vending machine as required by subparagraph (B) of paragraph (2). (E) The types of products offered through the wellness vending machine. (F) Whether the price for each type of product was offered at a discounted rate as compared to the average retail price. (G) The total sales volume, disaggregated by type of product. (H) The name of each entity or organization, if any, the campus or segment partnered with to offer products through the wellness vending machine. (I) The source or sources of funding used to finance the wellness vending machine. (d) (1) The University of California is requested to select any number of campuses, that are deemed most appropriate, to participate in the pilot program. Each participating campus is requested to establish at the main campus, a satellite campus, or both, at least one wellness vending machine that dispenses wellness products, including, but not limited to, condoms, dental dams, menstrual cups, lubrication, tampons, menstrual pads, pregnancy tests, and nonprescription drugs, including discounted emergency contraception. (2) Each participating campus is requested to do both of the following: (A) To the extent possible, place wellness vending machines in central locations on campus that will enable students to have access 24 hours per day, seven days per week. (B) Select and implement at least one of the following methods, or other chosen method, to notify students of the presence of the wellness vending machine: (i) Pamphlets. (ii) Posters. (iii) Flyers. (iv) Social media. (v) Creating or updating internet websites. (vi) Hosting a grand opening event. (vii) Outreach to campus clubs and organizations. (viii) During an orientation session. (3) On or after July 1, 2025, and on or after each July 1 thereafter, the University of California is requested to submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on the pilot project at its participating campuses. Information reported pursuant to this paragraph shall be disaggregated by campus, and shall include, but not be limited to, all of the following: (A) The location of the wellness vending machine. (B) Which times of the day and days of the week the wellness vending machine is stocked, functioning, and accessible to students. (C) The total cost to acquire and maintain the wellness vending machine. (D) Which method or methods were used to notify students of the presence of the wellness vending machine as required by subparagraph (B) of paragraph (2). (E) The types of products offered through the wellness vending machine. (F) Whether the price for each type of product was offered at a discounted rate as compared to the average retail price. (G) The total sales volume, disaggregated by type of product. (H) The name of each entity or organization, if any, the campus or segment partnered with to offer products through the wellness vending machine. (I) The source or sources of funding used to finance the wellness vending machine. (e) This section shall become inoperative on July 1, 2029, and, as of January 1, 2030, is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends the dates on which it becomes inoperative and is repealed. (Added by Stats. 2022, Ch. 933, Sec. 1. (AB 2482) Effective January 1, 2023. Inoperative July 1, 2029, by its own provisions. Repealed as of January 1, 2030, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66023.9. Source version: id_c52bc9ae-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Basic needs” has the same meaning as described in paragraph (1) of subdivision (a) of Section 66023.4. (2) “Homeless” and “housing insecure” mean students who lack a fixed, regular, and adequate nighttime residence, or who are at imminent risk of losing housing. This includes students who are any of the following: (A) Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason. (B) Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations. (C) Living in emergency or transitional shelters. (D) Living in a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (E) Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings. (3) “Mental health” means services and resources to address the signs and symptoms of mental health challenges. Depending on student age and developmental level, this may include, but is not limited to, conditions such as depression, suicidal thoughts and behaviors, schizophrenia, bipolar disorder, substance use conditions, eating disorders, and anxiety, including post-traumatic stress disorder. (b) It is the intent of the Legislature that funding appropriated to the University of California and the California State University specifically for rapid rehousing, basic needs, and student mental health be used for the purposes described in this subdivision, including, but not limited to, for all of the following: (1) Funds appropriated to the University of California and the California State University in the annual Budget Act specifically for purposes of this section for rapid rehousing may be used to support efforts to assist homeless and housing insecure students, including, but not limited to, all of the following purposes: (A) For campuses to establish ongoing partnerships with community organizations that have a tradition of helping populations experiencing homelessness to provide wraparound services and rental subsidies for students. (B) To connect students with community case managers who have knowledge and expertise in accessing safety net resources. (C) To establish ongoing emergency housing procedures, including on-campus and off-campus resources. (D) To provide emergency grants necessary to secure housing, to prevent the imminent loss of housing, or to stabilize housing for students at risk of homelessness. (2) Funds appropriated to the University of California and the California State University in the annual Budget Act specifically for purposes of this section for basic needs are used to support, but are not limited to supporting, meal donation programs, food pantries serving students, CalFresh enrollment, and other means of directly providing nutrition assistance to students, and may be used, but are not limited to being used, for all of the following purposes: (A) To assist homeless and housing insecure students in securing and maintaining stable housing. (B) To supply students with personal hygiene products. (C) To establish Basic Needs Centers as a centralized location on campus where students experiencing basic needs insecurity can be identified, supported, and linked to on-campus and off-campus resources to support timely program completion. Basic Needs Centers may use funds described in this paragraph for its operations. (D) To designate or hire dedicated Basic Needs Coordinators for the Basic Needs Centers who will serve as a single point of contact for students. (3) Funds appropriated to the University of California and the California State University in the annual Budget Act specifically for purposes of this section for student mental health are used to increase mental health resources for students, including, but not limited to, the expansion, continuation, and support of existing campus-based mental health programs and services. (c) Funds appropriated in the annual Budget Act specifically for purposes of this section that are to be provided to students shall be distributed to the student by the campus financial aid office. Funds appropriated in the annual Budget Act specifically for purposes of this section shall be allocated to University of California and California State University campuses based on demonstrated need. (d) The University of California and the California State University shall each report annually on or before February 1 on the use of funds appropriated in the annual Budget Act specifically for purposes of this section for the two preceding fiscal years. Reporting on the use of all funds appropriated specifically for purposes of this section may be included in a single report if all data elements required pursuant to this section are separately identifiable. A report described in this subdivision shall be submitted to the Director of Finance and the Legislature in compliance with Section 9795 of the Government Code, and shall include all of the following: (1) For funds appropriated for rapid rehousing, the University of California and the California State University shall report information that includes, but is not limited to, all of the following: (A) The number of professional staff and full-time employees that assist students with rapid rehousing. (B) The number of students served by campus. (C) The allocation of funds by campus. (D) A description of the types of programs funded. (E) Whether students receiving rapid rehousing support remained enrolled at the university or graduated. (F) Other relevant outcomes. (2) For funds appropriated for basic needs and student mental health, the University of California and the California State University shall report information that includes, but is not limited to, all of the following: (A) The amount of funds allocated to each campus. (B) For each campus that was allocated funds, a programmatic budget summarizing how the funds were spent. The programmatic budget shall include any other funding used to supplement the funds appropriated in the annual Budget Act specifically for purposes of this section. (C) A description of the types of programs in which each campus spent the funds. (D) A list of campuses that accept, or plan to accept, electronic benefits transfer. (E) A list of campuses that participate, or plan to participate, in the CalFresh Restaurant Meals Program. (F) The number of students who first started receiving CalFresh benefits in the preceding fiscal year and the total number of students in the preceding fiscal year that received CalFresh benefits. (G) A list of campuses that have a data sharing agreement with the relevant county operating the CalFresh program to identify new, continuing, and returning students who are potentially eligible for CalFresh benefits, and a list of campuses with ongoing efforts to enter into such an agreement. (H) A list of campuses that offer or plan to offer emergency housing or assistance with long-term housing. (I) The number of students receiving mental health services on campus, disaggregated by race and ethnicity, gender, age group, and type of service received. (J) The average wait time for initial routine mental health counseling appointments. (K) The average number of campus mental health counseling appointments per student. (L) The number of students referred to off-campus providers for mental health services. (M) The number of student mental health staff by provider type and the counselor-to-student ratio. (N) Total spending on student mental health services, by fund source, including spending covered by insurance providers. (3) A description of how campuses leveraged or coordinated with other state or local resources to address housing insecurity, food insecurity, and student mental health. (4) An analysis describing how funds appropriated specifically for purposes of this section reduced food insecurity and homelessness among students, increased student mental health, and, if feasible, impacted student outcomes such as persistence or completion. (5) Other findings and best practices implemented by campuses. (Added by Stats. 2026, Ch. 79, Sec. 4. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66024. Source version: id_fd1e288f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. The Legislature hereby affirms its commitment to the continuing quality and development of graduate and professional programs of the University of California, the California State University, and the independent institutions of higher education in this state. It is the intent of the Legislature that each governing board of an institution of higher education periodically review the quality of the graduate and professional programs operated by the institution, and the need to add, discontinue, or enhance graduate and professional programs, including programs leading to the joint doctorate degree. It is further the intent of the Legislature that the development of joint doctoral programs operated by the California State University and the University of California or one or more accredited independent institutions of higher education be established and expedited. All graduate and professional programs, including joint doctoral programs, are expected to undergo careful evaluation and be approved only when it has been demonstrated that these programs meet the needs of students and the state. (Added by Stats. 1991, Ch. 1198, Sec. 8.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66024.5. Source version: id_7f3220bb-d8f5-11ea-9efd-3da19d7eb114 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) This section shall apply to all segments of postsecondary education in this state. (b) Except for purposes of an application for a professional degree or law enforcement basic training courses and programs, a postsecondary educational institution shall not inquire about a prospective student’s criminal history on an initial application form or at any time during the admissions process before the institution’s final decision relative to the prospective student’s application for admission. (c) A postsecondary educational institution shall make any necessary changes to its application form to comply with subdivision (b) by the fall term of the 2021–22 academic year. (Added by Stats. 2020, Ch. 29, Sec. 4. (SB 118) Effective August 6, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025. Source version: id_fd1e2891-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Systemwide fees charged to resident undergraduate students at the University of California and the California State University shall be reduced for the 1998–99 fiscal year by 5 percent below the level charged during the 1997–98 fiscal year, and the systemwide fees charged to those students for the 1999–2000 fiscal year shall be reduced by 5 percent below the level charged during the 1998–99 fiscal year. Systemwide education and registration fees charged to resident graduate students at the University of California and the California State University for the 1999–2000 fiscal year shall be reduced by 5 percent below the level charged those resident students for the 1997–98 fiscal year. This subdivision does not apply to resident students pursuing a course of study leading to a professional degree who are subject to a supplemental fee pursuant to the policy of the University of California. (b) No provision of this section shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable. (Amended by Stats. 1999, Ch. 72, Sec. 1. Effective July 6, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.3. Source version: id_dd38cf63-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Notwithstanding Section 76300, a campus of the University of California, the California State University, or the California Community Colleges shall not charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, to any of the following: (1) A dependent eligible to receive assistance under Article 2 (commencing with Section 890) of Chapter 4 of Division 4 of the Military and Veterans Code. (2) (A) Any child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the state poverty level as defined in subdivision (d). (B) Notwithstanding Section 893 of the Military and Veterans Code, the Department of Veterans Affairs may determine the eligibility for fee waivers for a child described in subparagraph (A). (3) A dependent, or a surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty, and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. For the purposes of this paragraph, “active service of the state” refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code. (4) (A) An undergraduate student who is a recipient of a Medal of Honor, commonly known as a Congressional Medal of Honor, or an undergraduate student who is a child of a recipient of a Medal of Honor and who is no more than 27 years old, if both of the following requirements are met: (i) The undergraduate student’s annual income, including the value of any support received from a parent, does not exceed the state poverty level as defined in subdivision (d). (ii) The recipient of the Medal of Honor who is or was the parent of the undergraduate student is, or at the time of the recipient’s death was, a California resident as determined pursuant to Chapter 1 (commencing with Section 68000) of Part 41. (B) The Department of Veterans Affairs shall determine the eligibility of any applicant for a fee waiver under this paragraph. (b) (1) Notwithstanding Section 76300, a campus of the University of California or the California State University shall not charge any mandatory systemwide tuition or fees, including enrollment fees, registration fees, differential fees, or incidental fees, to a current or former foster youth, if the current or former foster youth meets all of the following conditions: (A) Is 25 years of age or younger. (B) Has been in foster care for at least 12 consecutive months after reaching 10 years of age. (C) Meets any of the following: (i) Is under a current foster care placement order by the juvenile court. (ii) Was under a foster care placement order by the juvenile court upon reaching 18 years of age. (iii) Was adopted, or entered guardianship, from foster care. (D) Completes and submits the Free Application for Federal Student Aid (FAFSA). (E) Maintains a minimum grade point average and meets other conditions necessary for the student to be in good standing at the public postsecondary educational institution that the current or former foster youth attends, as determined by the appropriate public postsecondary segment. (F) Meets the financial need requirements established for Cal Grant A awards under Chapter 1.7 (commencing with Section 69430) of Part 42. (2) A student shall not have the student’s mandatory systemwide tuition or fees waived pursuant to this subdivision in excess of the equivalent of attendance in a four-year undergraduate program. (3) The amount of a student’s tuition or fee waiver pursuant to this subdivision shall be reduced by any state or federal financial aid, including scholarships or grants, received by the student for the academic year or semester, or the equivalent, in which the student receives the tuition or fee waiver pursuant to this subdivision. (c) A person who is eligible for a waiver of tuition or fees under this section may receive a waiver for each academic year during which the person applies for that waiver, but an eligible person may not receive a waiver of tuition or fees for a prior academic year. (d) As used in this section, the “state poverty level” means annual household income that is less than the amount calculated for a single person with no dependents pursuant to Section 18501 of the Revenue and Tax Code. (e) The waiver of tuition or fees under this section shall apply only to a person who is determined to be a resident of California pursuant to Chapter 1 (commencing with Section 68000) of Part 41. (f) Subdivision (a) shall not apply to a dependent of a veteran within the meaning of paragraph (4) of subdivision (a) of Section 890 of the Military and Veterans Code. (g) The provisions of this section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make a provision applicable. (Amended by Stats. 2023, Ch. 695, Sec. 1. (AB 1745) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.7. Source version: id_1a99f6fd-fce8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) By March 31, 2019, the Chancellor of the California Community Colleges shall establish an initiative to expand the use of course credit at the California Community Colleges for students with prior learning. The initiative shall identify best practices for the use of course credit for students with prior learning, locate and collect available resources, and provide professional development in connection with the identified best practices. The initiative shall identify the best practices for purposes of establishing potential pilot programs and shall provide recommendations for internal systemwide policy changes to expand the use of course credit at the California Community Colleges for students with prior learning. (b) (1) By January 1, 2020, the chancellor shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, on the initiative described in subdivision (a), including, but not limited to, activities established by the initiative. The report shall include recommendations for legislative policy changes necessary to implement the best practices identified by the initiative. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2018, Ch. 530, Sec. 1. (AB 1786) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.71. Source version: id_aae2ba75-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) (1) (A) The Office of the Chancellor of the California Community Colleges, in collaboration with the Academic Senate for the California Community Colleges, shall do both of the following: (i) By September 1, 2019, develop a consistent policy to award military personnel and veterans who have an official Joint Services Transcript containing courses that have been evaluated by the American Council on Education with full descriptions and credit recommendations, course credit for California Intersegmental General Education Transfer Curriculum, California State University General Education Breadth, or local community college general education requirements, as appropriate for the student’s needs, in a course with subject matter similar to that of the student’s military education, training, and service. (ii) Periodically review and adjust the policy developed pursuant to this subparagraph to align it with policies of other public postsecondary educational institutions. (B) By December 31, 2020, each community college district shall have a policy consistent with the policy developed by the chancellor pursuant to subparagraph (A) to assess Joint Services Transcripts for awarding course credit. (2) Each community college campus shall post on its internet website the most recent policy adopted pursuant to this subdivision. (b) (1) (A) The Office of the Chancellor of the California State University, in collaboration with the Academic Senate of the California State University, shall, and the University of California is requested to, do both of the following: (i) By September 1, 2022, develop a consistent policy to award military personnel and veterans who have an official Joint Services Transcript containing courses that have been evaluated by the American Council on Education with full descriptions and credit recommendations, course credit for the California State University or the University of California, as appropriate for the student’s needs, in a course taught on the campus where the student matriculates, with subject matter similar, or equivalent, subject to academic and faculty review, to that of the student’s military education, training, and service. (ii) Periodically review and adjust the policy developed pursuant to this subparagraph to align it with the policies of other public postsecondary educational institutions. (B) By December 31, 2023, each campus of the California State University shall, and the University of California is requested to, have in effect a policy consistent with the policy developed pursuant to subparagraph (A) to assess Joint Services Transcripts for awarding course credit. (2) Each campus of the California State University shall, and the University of California is requested to, post on its internet website the most recent policy adopted pursuant to this subdivision. (Amended by Stats. 2021, Ch. 567, Sec. 1. (AB 1002) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.8. Source version: id_1b9047e2-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to any member or former member of the Armed Forces of the United States, and who is a resident of California, who has received an honorable discharge, a general discharge, or an other than honorable discharge, and to any member or former member of the State Guard, for any academic term attended at one of these institutions for four academic years after the member has left state or federal active duty, which the member shall use within 15 years of leaving state or federal active duty. (b) A former member of the Armed Forces of the United States or the State Guard who received a dishonorable discharge or a bad conduct discharge is not eligible for priority registration for enrollment pursuant to this section. (c) The priority registration for enrollment provided pursuant to this section shall apply to enrollment for all degree and certificate programs offered by the institution after the military or veteran status of the student has been verified by the institution the student attends. (d) Students who receive priority registration for enrollment pursuant to this section shall comply with the requirements of subdivision (a) of Section 78212. (e) (1) For the purposes of this section, “Armed Forces of the United States” means the Air Force, Army, Coast Guard, Marine Corps, National Guard, Naval Militia, Navy, Space Force, and the reserve components of each of those forces, including the California National Guard. (2) As used in this section, “member or former member of the Armed Forces of the United States” includes, but is not necessarily limited to, any student who is called to active military duty compelling that student to take an academic leave of absence. (Amended by Stats. 2022, Ch. 379, Sec. 5. (AB 1715) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.81. Source version: id_7095d558-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) (1) By no later than July 1, 2023, the California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a student parent. (2) In implementing this subdivision, each campus of the California Community Colleges, the California State University, and the University of California is encouraged to use information from any or a combination of the following to help determine a student parent’s eligibility for the priority registration established pursuant to this subdivision: (A) The Free Application for Federal Student Aid (FAFSA). (B) The California Dream Act Application (CADAA). (C) The application to receive a fee waiver pursuant to Section 76300. (D) Any campus form or documentation that identifies student parents. (b) For purposes of this section, “student parent” means a student who has a child or children under 18 years of age who will receive more than half of their support from that student. (Added by Stats. 2022, Ch. 935, Sec. 3. (AB 2881) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.82. Source version: id_41e0e54f-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Commencing with the 2025–26 academic year, the California State University shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a first responder. (b) (1) The priority registration for enrollment provided pursuant to this section shall apply to enrollment for all baccalaureate degree and certificate programs offered by the institution after the employment of the student as a first responder has been verified by the institution the student attends. (2) A student requesting priority registration pursuant to this section shall provide the institution with documentation that shows proof of employment as a first responder upon an initial request for priority registration and annually upon the start of each subsequent academic year if priority registration is requested. (c) For purposes of this section, “first responder” means an employee of the state or a local public agency who provides emergency response services, including any of the following: (1) A peace officer. (2) A firefighter who is a member of a fire department of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, whether the members are volunteer, partly paid, or fully paid, excepting those whose principal duties are clerical, such as stenographers, telephone operators, and other workers not engaged in fire suppression or rescue operations or the protection or preservation of life or property. (3) A paramedic. (4) An emergency medical technician. (5) A public safety dispatcher or public safety telecommunicator whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who promotes from this position and supervises individuals who perform these functions. (Added by Stats. 2023, Ch. 643, Sec. 1. (AB 255) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.9. Source version: id_b2340cc7-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The California State University and each community college district shall, and the University of California is requested to, with respect to each campus in their respective jurisdictions that administers a priority enrollment system, grant priority in that system for registration for enrollment to a foster youth, former foster youth, homeless youth, or former homeless youth. (b) For purposes of this section: (1) “Foster youth and former foster youth” means a person in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday and who is no older than 25 years of age at the commencement of the academic year. (2) “Homeless youth and former homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of the youth’s application for admission by a postsecondary educational institution that is a qualifying institution pursuant to Section 69432.7, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (A) A homeless services provider, as that term is defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code. (B) The director of a federal TRIO program or Gaining Early Awareness and Readiness for Undergraduate Programs program, or a designee of that director. (C) A financial aid administrator for an institution of higher education. (D) A homeless and foster student liaison designated pursuant to paragraph (1) of subdivision (a) of Section 67003.5. (E) For American Indian students, a representative of the student’s tribe or a representative of a tribal organization that is a homeless services provider. (c) For purposes of this section, a student who is verified as a homeless youth as defined in paragraph (2) of subdivision (b) shall retain that status for a period of six years from the date of admission to the postsecondary educational institution. (Amended by Stats. 2021, Ch. 574, Sec. 1. (SB 512) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.91. Source version: id_3a4a6f40-ca36-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Each community college district, with respect to each campus in its jurisdiction that administers a priority enrollment system, shall grant priority registration for enrollment to students in the Community College Extended Opportunity Programs and Services program, pursuant to Article 8 (commencing with Section 69640) of Chapter 2 of Part 42, and disabled students, within the meaning of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), who are determined to be eligible for disabled student programs and services pursuant to Chapter 14 (commencing with Section 67300) and Section 84850. (Amended by Stats. 2016, Ch. 437, Sec. 2. (SB 906) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.92. Source version: id_2755224c-e41b-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The Legislature finds and declares that the priority enrollment for registration required by this section is necessary to ensure that the flexibility related to educational opportunities that was adopted as part of the broader changes to the California Work Opportunity and Responsibility to Kids (CalWORKs) program in Chapter 47 of the Statutes of 2012 is not undermined by students who are CalWORKs recipients being unable to access necessary classes. (b) Each community college district that administers a priority enrollment system shall grant priority in that system for registration for enrollment to any student who is a CalWORKs or Tribal TANF recipient. (c) Students who receive priority registration for enrollment pursuant to this section shall comply with the requirements of subdivision (a) of Section 78212. (d) For purposes of this section: (1) “CalWORKs recipient” means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code or any successor program. (2) “Tribal TANF recipient” means a recipient of aid pursuant to Section 10553.25 of the Welfare and Institutions Code or any successor provision. (Amended by Stats. 2017, Ch. 97, Sec. 1. (SB 164) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.93. Source version: id_98f53971-fce8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Each public or private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following: (1) Apply to become an approved food vendor for the Restaurant Meals Program if the institution operates a qualifying food facility on campus. (2) Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply. (3) If an on-campus food vendor or a qualifying food facility has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services. (b) This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors. (c) An approved on-campus food vendor or a qualifying food facility participating in the Restaurant Meals Program pursuant to this section, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program. A qualifying food facility that participates in the Restaurant Meals Program pursuant to Section 18919 of the Welfare and Institutions Code shall meet all of the requirements for participation in that program. (d) For purposes of this section: (1) “On-campus food vendors” does not include any vendor that does not sell prepared food for onsite consumption or that sells food from a mobile food facility, as defined in Section 113831 of the Health and Safety Code. (2) “Qualifying food facility” is a facility administered by a postsecondary educational institution that sells prepared food for onsite consumption. (Amended by Stats. 2018, Ch. 746, Sec. 1. (AB 1894) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66025.95. Source version: id_c1fe2f96-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. It is the intent of the Legislature that, consistent with the requirements and intent outlined in subdivisions (b) and (c) of Section 78215, and to the extent that the institution meets the responsibilities outlined in paragraph (2) of subdivision (a) of Section 78212, any student who receives priority registration for enrollment participate in the program of services outlined in paragraph (2) of subdivision (a) of Section 78212. (Added by Stats. 2013, Ch. 704, Sec. 2. (AB 595) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66026. Source version: id_99c29469-3186-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Unless otherwise specified, reports submitted to the Legislature by the University of California, the California State University, and the Office of the Chancellor of the California Community Colleges shall be delivered to the Senate and Assembly budget subcommittees on education, the appropriate Senate and Assembly higher education policy committees, the Legislative Analyst’s Office, the Office of the Governor, and the Department of Finance. Unless otherwise specified, these reports may be submitted in PDF format or comparable electronic format. (Amended by Stats. 2011, Ch. 349, Sec. 3. (SB 940) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66026.5. Source version: id_24558e32-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The Legislative Analyst’s Office shall conduct an assessment, on or before January 1, 2031, evaluating the efficacy of existing programs in nursing jointly offered between campuses of the California Community Colleges, the California State University, and the University of California. (b) The results of the assessment shall be reported, in writing, to the Legislature and the Governor on or before January 1, 2031. The assessment shall include, but not be limited to, all of the following: (1) The total number of joint programs currently implemented, including information identifying the number of programs, applicants, admissions, enrollments, and degree recipients. (2) The extent to which existing programs fulfill identified workforce shortages, including statewide supply and demand data that considers capacity at the California Community Colleges, the California State University, the University of California, and California’s independent colleges and universities. (3) Information on the job placement of graduates. (4) Joint nursing program costs and the funding sources that were used to finance these programs. (5) Time-to-degree rates and completion rates for students in joint nursing programs. (6) Recommendations on whether and how joint, intersegmental nursing programs can or should be extended and expanded. (c) The report submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (d) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Amended by Stats. 2024, Ch. 998, Sec. 19. (AB 176) Effective September 30, 2024. Repealed as of January 1, 2032, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027. Source version: id_8fdcc731-3179-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) (1) The Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district are requested to, in collecting data relative to gender, race, ethnicity, or other demographics, from faculty, staff, or students, allow the faculty, staff, and students to identify their sexual orientation, gender identity, and gender expression on any forms used to collect that demographic data, as appropriate. (2) A governing board shall not be required to update an existing form used to collect demographic data for purposes of this subdivision, but shall provide for the identification of sexual orientation, gender identity, and gender expression on any new or updated form used for the collection of demographic data. (b) The Regents of the University of California, the Trustees of the California State University, and the Chancellor’s Office of the California Community Colleges are requested to report aggregate information collected pursuant to subdivision (a), to the extent that individuals from whom that information is collected authorize that information to be released where other demographic data is traditionally aggregated and reported for informational purposes and is appropriate. Any report developed shall be transmitted to the Legislature, pursuant to Section 9795 of, and notwithstanding Section 10231.5 of, the Government Code, no later than January 1 of each year and shall be made available to the general public on the Internet Web site of each respective institution. The information reported pursuant to this subdivision shall not include any individual identifying information. (Added by Stats. 2011, Ch. 637, Sec. 2. (AB 620) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.2. Source version: id_7ebbb490-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Subject to subdivision (b), on or before September 1, 2025, each campus of the California Community Colleges and each campus of the California State University shall, and each campus of the University of California is requested to, identify and apply for at least one general store or a store that sells food on campus to become an authorized retail food store under the federal Supplemental Nutrition Assistance Program and, if approved, ensure the store or stores, within a reasonable time, accept the use of electronic benefits transfer cards issued pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code. (b) If a campus does not have a general store or a store that sells food on campus, subdivision (a) does not apply. (Added by Stats. 2024, Ch. 913, Sec. 3. (AB 2033) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.3. Source version: id_8b780d02-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Controlled substances” includes, but is not limited to, flunitrazepam, ketamine, and gamma hydroxybutyric acid, which is also known by other names, including, but not limited to, GHB, gamma hydroxyl butyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium oxybate, and sodium oxybutyrate. (2) “Drug testing devices” means test strips, stickers, straws, and other devices designed to detect the presence of controlled substances in a drink. (b) (1) The California State University and each community college district shall stock drug testing devices, available and accessible, free of cost, in the health center located on each campus. (2) (A) Notwithstanding any other law, the California State University and each community college district shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to this subdivision. (B) The California State University and each community college district shall ensure that drug testing devices made available pursuant to this subdivision have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer. (c) The California State University and each community college district shall post a notice regarding the requirements of subdivision (b) in a prominent and conspicuous location. This location may include, but shall not be limited to, on each campus health center’s internet website or in new student orientation materials. (d) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock drug testing devices, available and accessible, free of cost, in the health center located on each campus. (e) (1) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to post a notice regarding the requirements of subdivision (d) in a prominent and conspicuous location. This location may include, but shall not be limited to, on each campus health center’s internet website or in new student orientation materials. (2) Notwithstanding any other law, if the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses shall not be liable in a civil action or be subject to criminal prosecution for a defective test or inaccurate test result, including, but not limited to, a false positive or false negative test result, from a drug testing device made available pursuant to subdivision (d). (3) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (d), the campuses are further encouraged to ensure that drug testing devices made available pursuant to subdivision (d) have not exceeded their expiration date or recommended period of use, according to the product label, product packaging, or as otherwise recommended by the manufacturer. (f) This section does not prevent a campus from providing more than one location where persons may access drug testing devices. (Added by Stats. 2024, Ch. 679, Sec. 1. (AB 1524) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.4. Source version: id_24fdc374-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. As a part of campus orientation, the Trustees of the California State University shall provide, and the Regents of the University of California are requested to provide, for all campuses of their respective segments, and each campus of the California Community Colleges shall provide, educational information about CalFresh (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code), the California Earned Income Tax Credit (CalEITC) (Section 17052 of the Revenue and Taxation Code), the Young Child Tax Credit (YCTC) (Section 17052.1 of the Revenue and Taxation Code), the California Special Supplemental Food Program for Women, Infants, and Children (WIC) (Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code), and the student eligibility requirements for CalFresh, CalEITC, YCTC, and WIC to all incoming students. (Amended by Stats. 2022, Ch. 935, Sec. 4. (AB 2881) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.41. Source version: id_a0984466-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Donate Life California” means the nonprofit organization established and designated as the California Organ and Tissue Donor Registrar pursuant to Section 7150.90 of the Health and Safety Code. (2) “Donate Life California Organ and Tissue Donor Registry” means the registry established pursuant to Section 7150.90 of the Health and Safety Code. (b) The Trustees of the California State University shall provide, and the Regents of the University of California are requested to provide, for all campuses of their respective segments, and each campus of the California Community Colleges shall provide, educational information about Donate Life California and the Donate Life California Organ and Tissue Donor Registry to all incoming students. (c) A campus may disseminate the educational information described in subdivision (b) in a manner that best fits the needs of the campus and its student population, including, but not limited to, all of the following: (1) During the campus orientation process. (2) Via a short message system (SMS) alert to students. (3) In health centers. (4) Via a webinar. (5) Via a school newsletter. (6) On the campus’ internet website. (7) Via a campus event. (8) When a student is registering for student health insurance or health or wellness plans, or providing insurance or immunization records to the campus. (9) In health promotional programming. (d) Donate Life California shall provide all necessary resources, written or electronic, to assist with the dissemination of educational information pursuant to subdivision (c), based on the needs of the campus. (e) Donate Life California shall be available to confer and collaborate on an ongoing basis with all campuses. (Added by Stats. 2025, Ch. 60, Sec. 2. (AB 466) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.5. Source version: id_c4f3eff8-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) The California Community Colleges and the California State University shall provide information about credit by examination opportunities wherever course and class information is available. (b) The Regents of the University of California are requested to provide information about credit by examination opportunities wherever course and class information is available. (Added by Stats. 2013, Ch. 712, Sec. 1. (AB 1025) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.6. Source version: id_2e977f26-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, include on the internet website-based student account associated with a student’s attendance at the institution notice of the following public services and programs: (1) The CalFresh program. (2) Resources, as determined by the institution to be most appropriate, for county or local housing services, which may also include, if determined to be appropriate for the geographic area where the institution is located, resources for legal assistance relating to housing. (3) Resources, as determined by the institution to be most appropriate, for county or local mental health services. (4) The California Earned Income Tax Credit (CalEITC). (5) The Young Child Tax Credit (YCTC). (6) The California Special Supplemental Food Program for Women, Infants, and Children (WIC). (b) Each institution shall include, immediately adjacent to the notices specified in subdivision (a), a link to the internet web page for each noticed program or resource. (c) Each institution may use existing resources to comply with the requirements of subdivisions (a) and (b). (Amended by Stats. 2022, Ch. 935, Sec. 5. (AB 2881) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.7. Source version: id_e2a3692d-5918-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) (1) The California State University and each community college district shall stock an adequate supply of menstrual products, available and accessible, free of cost, at no fewer than one designated and accessible central location on each campus. (2) (A) A location’s accessibility shall be determined by considering all of, but not limited to, the following factors: (i) Hours of operation, relative to hours that students are on campus. (ii) Proximity to high-traffic areas on campus. (iii) Accessibility by students of all genders and regardless of physical ability. (iv) Privacy, including whether accessing products would require interaction with staff or other students. (v) Safety. (B) Locations described in this paragraph may include student centers, libraries, wellness or health centers, pantries, and study rooms. (b) The California State University and each community college district shall post a notice regarding the requirements of subdivision (a) in a prominent and conspicuous location in all women’s restrooms and all-gender restrooms and in at least one men’s restroom. (c) The Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, are encouraged to stock an adequate supply of menstrual products, available and accessible, free of cost, at no fewer than one designated and accessible central location on each campus. (d) If the Regents of the University of California, independent institutions of higher education, as defined in Section 66010, and private postsecondary educational institutions, as defined in Section 94858, implement subdivision (c), the campuses are further encouraged to post a notice regarding the requirements of subdivision (c) in a prominent and conspicuous location in all women’s restrooms and all-gender restrooms and in at least one men’s restroom. (e) This section does not prevent a campus from providing more than one location where persons may access menstrual products. (f) For purposes of this section, “menstrual products” means menstrual pads and tampons for use in connection with the menstrual cycle. (Added by Stats. 2021, Ch. 664, Sec. 4. (AB 367) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.8. Source version: id_7ac4f33a-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) (1) Each campus of the California State University and the California Community Colleges with a campus mental health hotline shall, and each campus of the University of California with a campus mental health hotline is requested to, have printed on either side of student identification cards the telephone number of the campus mental health hotline. (2) Each campus of the California State University and the California Community Colleges without a campus mental health line shall, and each campus of the University of California without a campus mental health hotline is requested to, have printed on either side of student identification cards the telephone number of their city’s or county’s mental health hotline. (b) Subdivision (a) applies to a student identification card issued for the first time to a student, and to a student identification card issued to replace a damaged or lost student identification card, anytime on or after January 1, 2023. (c) Each campus of the California State University, the California Community Colleges, and the University of California without a campus mental health hotline may establish a campus mental health hotline for students to access mental health services remotely. (Added by Stats. 2022, Ch. 183, Sec. 1. (AB 2122) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.81. Source version: id_2069e6c2-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, do all of the following: (a) By no later than February 1, 2023, host on its internet website a student parent internet web page that is clearly visible and easily accessible from a drop-down menu on the internet home page of the campus’s internet website and include the information described in subdivision (b) conspicuously on both the internet website of the campus via the student parent internet web page, and on the internet website-based student account associated with a student’s attendance at the institution. (b) (1) The student parent internet web page shall contain information that clearly lists all on- and off-campus student parent services and resources that includes, but is not limited to, all of the following: (A) The description of the service or resource. (B) The location where the service or resource is provided. (C) The point of contact for the service or resource, including a name, telephone number, and email address. (D) Any eligibility restrictions on accessing the service or resource. (2) Of the services and resources provided on the student parent internet web page pursuant to paragraph (1), the student parent internet web page shall include, but is not limited to, information on the following on- and off-campus student parent services and resources: (A) Priority registration for a student parent established pursuant to Section 66025.81. (B) The CalFresh Program. (C) (i) Federal and state tax credits, including, but not limited to, all of the following: (I) The federal Earned Income Tax Credit. (II) The California Earned Income Tax Credit. (III) The Child Tax Credit. (IV) The Young Child Tax Credit. (V) The Foster Youth Tax Credit. (VI) The federal Child and Dependent Care Tax Credit. (VII) The federal American Opportunity Tax Credit. (VIII) The federal Lifetime Learning Credit. (ii) Free tax filing services offered online through Volunteer Income Tax Assistance programs. (D) State and federal financial aid applications and programs, including, but not limited to, all of the following: (i) The Free Application for Federal Student Aid. (ii) The California Dream Act application. (iii) Awards for students with dependent children established pursuant to Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42. (iv) Any other federal or state financial aid application or program available for students with dependent children. (E) The California Special Supplemental Food Program for Women, Infants, and Children. (F) The California Work Opportunity and Responsibility to Kids program. (G) Cost of attendance adjustment information, including the dependent care allowance. (H) Resources, as determined by the institution to be most appropriate, for campus or local childcare providers. (I) Any other financial support or income available for student parents. (c) Provide the student parent internet web page link to students as a part of campus orientations. (d) Provide to faculty the student parent internet web page link and encourage faculty to include the student parent internet web page link in their syllabi. (e) To ensure that the student parent internet web page remains useful to student parents, the student parent internet web page shall be reviewed and updated no later than the first day of every fall and spring semester or no later than the first day of every fall and spring quarter. (Amended by Stats. 2024, Ch. 962, Sec. 2. (AB 2458) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.82. Source version: id_9847ed74-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. (a) For purposes of this section, “student parent” has the same meaning as defined in Section 66025.81. (b) On or before July 31, 2025, the office of the Chancellor of the California Community Colleges and the office of the Chancellor of the California State University shall, and the office of the President of the University of California is requested to, develop and disseminate a policy to estimate and adjust cost of attendance information for student parents. The policy shall include student parent cost of attendance policy guidance that includes, but is not limited to, both of the following: (1) A financial aid methodology to calculate and update a student parent’s cost of attendance that includes the actual expected costs of food, housing, transportation, and dependent childcare. This methodology shall be based on available annual cost of attendance information that includes, but is not limited to, all of the following: (A) Food plans developed by the United States Department of Agriculture. (B) The State Department of Social Services’ reimbursement ceilings for subsidized childcare, disaggregated by county, age, and types of care. (C) The actual cost of on-campus family housing, the cost of a student parent’s off-campus housing, and, if a student parent does not have safe or adequate housing, the fair market rent, as described in Section 888.113 of Title 24 of the Code of Federal Regulations, for an apartment in the metropolitan area or nonmetropolitan county where the campus is located, disaggregated by student parent family size. (D) Transportation costs, disaggregated by student parent family size, that considers available information such as institutional survey responses and the Student Aid Commission’s Student Expenses and Resources Survey. (2) Model instructions for purposes of all of the following: (A) Identifying a student parent for purposes of adjusting the student parent’s cost of attendance to include food, housing, transportation, and childcare expenses. The model instructions shall include, but are not limited to, confirmation by a financial aid officer based on information found in the student parent’s Free Application for Federal Student Aid or California Dream Act application. (B) Updating and posting cost of attendance and dependent care allowance information, using student-friendly language, on campus internet websites. The posted information shall include, but is not limited to, financial aid internet websites, and the student parent internet web page, as set forth in Section 66027.81. (C) Sharing cost of attendance information in admitted student materials. (D) Explaining the dependent care allowance to student parents. (E) Informing student parents of affordable childcare options offered by the campus or within the local community. (c) On or before the start of the 2026–27 academic year, each campus of the California Community Colleges and the California State University shall, and each campus of the University of California is requested to, implement the policy developed and disseminated pursuant to subdivision (b). (d) (1) (A) On or before the start of the 2026–27 academic year, the office of the Chancellor of the California Community Colleges shall establish a data element in the systemwide data management information system to identify student parents. (B) On or before the start of the 2026–27 academic year, each campus of the California State University shall, and each campus of the University of California is requested to, establish a data field in the campus’s data management information system to identify student parents. (2) On or before the start of the 2026–27 academic year, each campus of the California Community Colleges and the California State University shall, and each campus of the University of California is requested to, do all of the following: (A) Enter student parent data in the data field or the data element established pursuant to paragraph (1). (B) Report student parent data obtained pursuant to this subdivision to the office of the Chancellor of the California Community Colleges, the office of the Chancellor of the California State University, and the office of the President of the University of California, respectively, for their request of the governing board established pursuant to Section 10864 to include that student parent data in the California Cradle-to-Career Data System established pursuant to Article 1 (commencing with Section 10850) of Chapter 8.5 of Part 7 of Division 1 of Title 1. (C) Use the data field or the data element established pursuant to paragraph (1) for additional purposes, which may include, but are not limited to, granting priority course registration and providing information about available public benefits to student parents. (e) On or before the start of the 2026–27 academic year, each campus of the California Community Colleges and the California State University shall, and each campus of the University of California is requested to, update the campus net price calculator to include a baseline student parent cost estimate, disaggregated by age and number of dependent children, using the methodologies and information described in this section and any available federal guidance on best practices. (Added by Stats. 2024, Ch. 962, Sec. 3. (AB 2458) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3. General Provisions [66011 - 66027.83] SECTION 66027.83. Source version: id_ad9f1358-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3. The financial aid office on each campus of the California Community Colleges and the California State University shall, and the financial aid office on each campus of the University of California is requested to, provide all of the following to students with dependent children: (a) Information on the campus’ childcare development center and childcare offerings, if applicable. (b) Referral to the campus Basic Needs Center established pursuant to Section 66023.4 or 66023.5 for support accessing information, including, but not limited to, information and connections to local resource and referral agencies in order to obtain support in applying for state and federal childcare subsidies and programs and finding local childcare providers. (c) Information on any supplemental awards such as the awards for students with dependent children established pursuant to Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42. (Added by Stats. 2025, Ch. 600, Sec. 3. (SB 271) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3.7. Working Families Student Fee Transparency and Accountability Act [66028 - 66028.6] SECTION 66028. Source version: id_6d004e3a-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3.7. This article shall be known, and may be cited, as the Working Families Student Fee Transparency and Accountability Act. (Added by Stats. 2012, Ch. 620, Sec. 2. (AB 970) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3.7. Working Families Student Fee Transparency and Accountability Act [66028 - 66028.6] SECTION 66028.1. Source version: id_6d004e3c-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3.7. For purposes of this article, the following terms have the following meanings: (a) “Consultation” or “consult” means a meeting between representatives from the University of California or the California State University and their respective statewide student association representatives in which the representatives from the institutions provide, at minimum, all the following information at least five days before the meeting: (1) A justification for a fee increase proposal, setting forth the facts supporting the fee increase. (2) A statement specifying the purposes for which revenue derived from a fee increase will be used. (3) A description of the efforts to mitigate the impact of the fee increase on needy students. (4) The potential impact to students, including, but not limited to, the changes to the minimum workload burden for all students, if applicable, institutional financial aid awards, and the average student loan debt for undergraduates. (5) Alternative proposals that can be considered in lieu of the proposed net student fee revenue proposal. (b) “Cost of attendance” means the mandatory systemwide fees, books and supplies, room and board, transportation, and miscellaneous personal expenses for an undergraduate California resident student, as used in determining financial aid eligibility. (c) “Mandatory systemwide fees” means the fees that resident students enrolled in the California State University or the University of California, as applicable, are required to pay in order to enroll in courses for the academic term pursuant to any law or any policy adopted by the trustees or the regents, as applicable. (d) “Regents” means the Regents of the University of California. (e) “Resident” means a student who is exempt from paying nonresident tuition pursuant to Chapter 1 (commencing with Section 68000) of Part 41. (f) “Trustees” means the Trustees of the California State University. (Added by Stats. 2012, Ch. 620, Sec. 2. (AB 970) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3.7. Working Families Student Fee Transparency and Accountability Act [66028 - 66028.6] SECTION 66028.2. Source version: id_e88a6ac9-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3.7. The following requirements apply to student financial aid for resident students, and mandatory systemwide fees charged at the University of California and the California State University: (a) As any changes in mandatory systemwide fees and financial aid resources are considered, the impact on students shall be explained to students, including, but not limited to, changes to the minimum work or loan burden for all students, if applicable, institutional financial aid awards, and the average student loan debt for undergraduate students. (b) Students shall be consulted before increases on mandatory systemwide fees are proposed, so that students can provide input and ask questions regarding the need for any increases in mandatory systemwide fees. (c) Adequate advance notice shall be provided to students regarding any future mandatory systemwide fees, thereby allowing the students and their families greater time to prepare for the mandatory systemwide fees to be assessed. (d) In order to ensure that access is not precluded for any eligible student, and particularly for financially needy students, all current and prospective students shall be provided with timely information concerning student financial aid, including the processes associated with applying for and obtaining student financial assistance. (e) In order for the general public to maintain confidence in the state’s public colleges and universities, the state’s public colleges and universities shall ensure transparency in the uses of mandatory systemwide fee revenue and the rationale for implementing mandatory systemwide fee increases. (Amended by Stats. 2015, Ch. 642, Sec. 1. (AB 1307) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3.7. Working Families Student Fee Transparency and Accountability Act [66028 - 66028.6] SECTION 66028.3. Source version: id_6d007550-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3.7. (a) Ten days prior to holding a meeting to discuss or adopt an increase in mandatory systemwide fees, the University of California and the California State University shall provide public notice of the proposed mandatory systemwide fee increase as a discussion item in the public agenda for a meeting of the respective governing board. The public notice shall allow for comments to be received, both verbally and in writing, at the meeting and during the 45-day period required pursuant to subdivision (c). The public notice of the proposed mandatory systemwide fee increase shall, at a minimum, include all of the following: (1) A justification for the fee increase proposal, setting forth the facts supporting the fee increase. (2) A statement specifying the purposes for which revenue derived from a fee increase will be used. (3) A description of the efforts to mitigate the impact of the fee increase on needy students. (4) The potential impact to students, including, but not limited to, the changes to the minimum workload burden for all students, if applicable, institutional financial aid awards, and the average student loan debt for undergraduates. (5) Alternative proposals that can be considered in lieu of the proposed net student fee revenue proposal. (b) The University of California and the California State University shall consult with their respective statewide student associations at least 30 days prior to providing public notice of the proposed mandatory systemwide fee increase. The range of potential mandatory systemwide fees under consideration for the next fiscal year shall be discussed with appropriate student representatives at the time of consultation before public notice of the mandatory systemwide fee increase proposal. (c) The regents and the trustees shall not act to adopt a mandatory systemwide fee increase until at least 45 days after a public meeting is held to discuss the fee. The regents and the trustees shall provide a summary of the comments received pursuant to subdivision (a) in the public notice provided before the meeting to adopt a mandatory systemwide fee increase. (d) The regents and the trustees shall not adopt an increase in mandatory systemwide fees after the 90th day prior to the commencement of classes for the academic year. This prohibition shall not apply to an increase in mandatory systemwide fees for a summer session. (e) (1) In cases where the Governor’s proposed budget reduces General Fund appropriations from the prior annual Budget Act for the support of the operations of University of California or California State University, the Legislature enacts or authorizes reduced General Fund appropriations from the prior annual Budget Act for the support of the operations of University of California or California State University, the Legislature enacts a budget reduction for the General Fund support of the operation of the University of California or California State University in the middle of a fiscal year, or the Governor implements a budget reduction for the General Fund support of the operation of the University of California or California State University in the middle of a fiscal year, subdivisions (a), (b), (c), and (d) shall not apply. (2) In the instances described in paragraph (1), the University of California and the California State University shall discuss with their respective statewide student associations proposals for mandatory systemwide fee increases at least seven days before posting notice of action to increase those fees. An increase in the mandatory systemwide fees at the University of California or the California State University shall not become effective until at least 30 days have elapsed after the date on which the fee increase was adopted. (f) Following the adoption of an increase in mandatory systemwide fees in accordance with this act, the University of California and the California State University shall notify matriculated students of the mandatory systemwide fees to be assessed in the upcoming academic year or the upcoming quarter or semester. In addition, the respective institution shall simultaneously inform students about the availability of student financial aid and the procedures for obtaining that financial aid in order to assist students with meeting the increased costs of attendance. (Added by Stats. 2012, Ch. 620, Sec. 2. (AB 970) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3.7. Working Families Student Fee Transparency and Accountability Act [66028 - 66028.6] SECTION 66028.4. Source version: id_ee4c919b-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3.7. (a) On or before April 2, 2013, the regents and the trustees each shall develop a list of factors that shall be taken into consideration when developing recommendations to adjust mandatory systemwide fees consistent with the policies set forth in this article. The factors shall include, at a minimum, the level of state support, total cost of attendance, impact on various categories of students, including historically underrepresented students and low- to middle-income students, as well as efforts to mitigate the impacts. (b) The factors, and any subsequent amendments to those factors, shall be developed in consultation with the appropriate statewide student body associations and shall be formally adopted by the regents or the trustees in an open and public meeting. (c) Nothing in this section shall be construed to exempt any increase in mandatory systemwide fees from the requirements of Section 66028.3. (Amended by Stats. 2015, Ch. 642, Sec. 2. (AB 1307) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3.7. Working Families Student Fee Transparency and Accountability Act [66028 - 66028.6] SECTION 66028.5. Source version: id_f433cc9d-a437-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3.7. (a) The regents and the trustees are urged to maintain their commitment to institutional financial aid program funding by ensuring that at least 33 percent of the revenues of an increase to existing mandatory systemwide fees charged to undergraduate students is set aside by the regents or the trustees, as applicable, for institutional student aid to assist resident undergraduate students, including those undergraduate students exempt from nonresident tuition pursuant to Sections 68075.5 and 68130.5, and families in meeting the total cost of education. (b) The regents and trustees shall report their compliance with this section in their respective annual reports on institutional financial aid pursuant to Section 66021.1. (Amended by Stats. 2015, Ch. 642, Sec. 3. (AB 1307) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 3.7. Working Families Student Fee Transparency and Accountability Act [66028 - 66028.6] SECTION 66028.6. Source version: id_465048f2-ca36-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=3.7. (a) Notwithstanding Section 10231.5 of the Government Code, commencing with the 2012–13 academic year, the regents and the trustees shall annually provide the Legislature, by February 1 of each year, with detailed information regarding expenditures of revenues derived from student fees and uses of institutional financial aid, and shall provide information regarding the systemwide average total cost of attendance per student. For purposes of meeting the requirements of this section, the regents and the trustees may include this information in their respective annual reports on institutional financial aid pursuant to Section 66021.1. (b) Notwithstanding Section 10231.5 of the Government Code, the regents and trustees shall each submit a report to the Legislature, by March 1 of each year, describing their respective institution’s compliance with the policies set forth in this article. (c) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2016, Ch. 82, Sec. 1. (AB 2908) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4. Educational Equity for Students [66030 - 66031] SECTION 66030. Source version: id_022fb94c-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4. (a) It is the intent of the Legislature that public higher education in California strive to provide educationally equitable environments that give each Californian, regardless of age, economic circumstance, or the characteristics listed in Section 66270, a reasonable opportunity to develop fully his or her potential. (b) It is the responsibility of the governing boards of institutions of higher education to ensure and maintain multicultural learning environments free from all forms of discrimination and harassment, in accordance with state and federal law. (Amended by Stats. 2007, Ch. 569, Sec. 32. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4. Educational Equity for Students [66030 - 66031] SECTION 66031. Source version: id_5b78b6f3-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4. (a) Subject to an appropriation of funds by the Legislature in the annual Budget Act or another statute for purposes of this section, the California State University may, and the University of California is requested to, establish and maintain inclusive college programs for students with intellectual and developmental disabilities at four-year public postsecondary educational institutions. Program funds may be used to establish new inclusive college programs at campuses that currently do not have a program or have a program in development, or to provide continuing support to established inclusive college programs to help those programs reach capacity and sustainability. (b) Inclusive college programs operated by the California State University, and inclusive college programs operated by the University of California, are requested to do all of the following: (1) Serve students with intellectual and developmental disabilities who are at least 18 years of age, even if the students are not taking courses for credit or may not be seeking a traditional degree. (2) Provide students with a person-centered planning process and the opportunity to pursue an educational credential, including, but not limited to, a degree, certificate, or nondegree credential issued by the institution. (3) Provide inclusive academic enrichment, socialization, independent living skills, and integrated work experiences that develop career skills that can lead to gainful employment. (4) Provide individual supports and services for academic and social inclusion in academic courses, extracurricular activities, housing, and other aspects of campus life. (5) Establish strategies to recruit and support students from historically underserved communities. (c) Funds appropriated by the Legislature for purposes of this section may be used for any of the following purposes: (1) Administrative salaries, including a program director at a campus with an inclusive pilot program and other administrative staff, including academic coordinators, employment and internship coordinators, social inclusion coordinators, and residential coordinators. (2) Additional program staff, including instructors, peer mentors, residential support staff, and administrative assistants. (3) Training for higher education faculty in evidence-based best practices. (4) Augmentation of existing assistive technologies and other academic support services offered by campus disability programs and resource centers. (5) Scholarships for student tuition, fees, and living expenses. (6) Additional student supports, including counseling, residential needs, mentor services, and transportation services. (7) Outreach, including internet website design, disseminating information to high school transition programs, local educational agencies, special education local plan areas, and college and career centers, and advertising placements and campaigns, including the cost of printing any materials. (8) Data collection and dissemination. (d) (1) An inclusive college program shall comply with the requirements for, and shall apply for, federal status as a Comprehensive Transition and Postsecondary Program so that its students can apply for federal financial aid. (2) An inclusive college program shall investigate long-term sustainability by securing funding from multiple sources, including funds from the Department of Rehabilitation, regional centers, and financial aid programs. (e) For purposes of this section, the following definitions apply: (1) “Intellectual and developmental disabilities” has the same meaning as “developmental disability,” as defined in paragraph (1) of subdivision (a) of Section 4512 of the Welfare and Institutions Code. (2) “Local educational agencies” means school districts, charter schools, and county offices of education. (Added by Stats. 2023, Ch. 654, Sec. 2. (AB 447) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.1. Inclusive College for Students with Intellectual Disabilities [66032 - 66032.2] SECTION 66032. Source version: id_466a866d-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.1. (a) It is the intent of the Legislature that the California Center for Inclusive College increase awareness of, and access to, inclusive and experiential postsecondary education and employment opportunities for students with intellectual disabilities through degree, certificate, or nondegree programs that ideally include an independent living component. (b) It is the intent of the Legislature to establish statewide support and coordination of the dissemination of information regarding programs and services for students with intellectual disabilities. (c) It is the intent of the Legislature that the California Center for Inclusive College increase access to meaningful postsecondary education credentials and work experiences to afford students with intellectual disabilities inclusive and meaningful campus experiences to prepare for gainful employment and community living. (d) It is further the intent of the Legislature that the California Center for Inclusive College support the establishment and expansion of programs on college campuses that model inclusivity of all students, including those with intellectual disabilities. (Added by Stats. 2024, Ch. 38, Sec. 90. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.1. Inclusive College for Students with Intellectual Disabilities [66032 - 66032.2] SECTION 66032.1. Source version: id_466a866f-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.1. For purposes of this article, the following definitions apply: (a) “California Center for Inclusive College” or “center” means the California Center for Inclusive College established pursuant to this article. (b) “Inclusive college program” means a college program administered by a public postsecondary educational institution for students with intellectual disabilities in the state that offers students an inclusive program of study that includes opportunities to take courses, learn independent living skills, have employment experiences, and engage in social activities and organizations in a setting with other peers with and without disabilities, and that requires students with intellectual disabilities to have at least one-half of their participation in the program, as determined by the institution, focus on academic components through one or more of the following activities: (1) Taking credit-bearing courses with students with and without disabilities. (2) Auditing or otherwise participating in courses with students with and without disabilities for which the student does not receive regular academic credit. (3) Taking noncredit-bearing, nondegree courses with students with and without disabilities. (4) Participating in internships or work-based training in settings with individuals with and without disabilities. (c) “Public postsecondary educational institution” means the California State University, the University of California, or the California Community Colleges, and each campus, branch, and function thereof. (Added by Stats. 2024, Ch. 38, Sec. 90. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.1. Inclusive College for Students with Intellectual Disabilities [66032 - 66032.2] SECTION 66032.2. Source version: id_2ca71d6e-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.1. (a) The California Center for Inclusive College is hereby established and shall be administered by the county office of education or county offices of education selected pursuant to subdivision (b), working in partnership with regional centers, public postsecondary educational institutions, and the University of California, Davis MIND Institute. (b) Commencing with the 2024–25 fiscal year, the sum of two million dollars ($2,000,000) shall be annually appropriated each fiscal year from the General Fund to the Superintendent to, in consultation with the executive director of the State Board of Education, allocate to one or more county offices of education selected to administer the center consistent with this section. (c) (1) For the 2026–27 fiscal year, the Superintendent shall allocate the funding appropriated in Provision 3 of Item 6100-488 of Section 2.0 of the Budget Act of 2026 to the California Center for Inclusive College for purposes of implementing inclusive college programs, as defined in Section 66032.1. This funding shall be available for encumbrance through June 30, 2032. (2) Of the funds available for the purpose described in paragraph (1), up to fifteen percent may be used for the administration of grant awards pursuant to this subdivision. (3) The California Center for Inclusive College shall submit a report to the Department of Finance on or before December 1, 2026, detailing how it plans to award funds for institutions of higher education that are implementing new inclusive college programs, maintaining existing inclusive college programs, and expanding inclusive college programs. The report shall include, but not be limited to, the number of programs the center estimates the funding can support, the length of the grant period for the awards, characteristics of programs for grant prioritization if applicable, and how the center will provide oversight of the grant awardees. No funding shall be awarded to inclusive college programs under this subdivision until this report is approved by the Department of Finance. (d) The responsibilities of the center shall include, but are not limited to, all of the following: (1) Assisting California inclusive college programs in aligning with the federal requirements, standards, and quality indicators identified by the National Center for Information and Technical Support for Postsecondary Students with Disabilities and the coordinating center described in Section 1140q(b) of Title 20 of the United States Code, pursuant to Section 1140q of Title 20 of the United States Code. (2) Assisting California inclusive college programs with the development and submission of federal comprehensive transition and postsecondary program applications. (3) Facilitating collaboration between local educational agencies, regional centers, local Department of Rehabilitation field offices, and inclusive college programs to support students with intellectual disabilities and their parents, families, and supporters to plan for postsecondary transition, which shall include plans for high school diploma attainment. (4) Assisting public postsecondary educational institutions and inclusive college programs with the identification of potential funding sources to establish, sustain, or expand upon inclusive college programs, including student financial assistance opportunities. (5) Supporting inclusive college programs with guidance and assistance when applying for potential funding sources and student financial assistance opportunities. (6) Holding meetings and annual workshops to share best practices and provide technical assistance on developing and establishing an inclusive college program, including opportunities to transition two-year programs to four-year programs and to incorporate a residential living component. (7) Disseminating to local educational agencies, local Department of Rehabilitation field offices, and regional centers information about, but not limited to, all of the following: (A) Education programs, services, and resources that are available at inclusive college programs. (B) Supports, accommodations, technical assistance, and training provided by inclusive college programs. (C) Mentoring, networking, and employment opportunities available at inclusive college programs. (8) Meeting regularly with interested parties, including, but not limited to, people with intellectual disabilities and their parents, families, and supporters; staff of the State Department of Education, the State Board of Education, the State Department of Developmental Services, the Department of Rehabilitation, and the State Council on Developmental Disabilities; and public postsecondary educational institutions, with the goal of providing continuous improvement to the delivery of inclusive college programs to students with intellectual disabilities, by doing both of the following: (A) Identifying federal grant funding opportunities for state agencies and assisting inclusive college programs in investigating options for long-term programmatic and fiscal sustainability. (B) Sharing best practices, barriers, and challenges to establishing or expanding inclusive college programs. (e) (1) For the 2024–25 fiscal year, of the amount appropriated pursuant to subdivision (b), up to five hundred thousand dollars ($500,000) shall be available for the center to convene an advisory workgroup consisting of representatives from at least two, but not more than six, existing inclusive college programs throughout the state to consult with the center and to do all of the following: (A) Collect and share best practices for inclusive college programs. (B) Advise and assist the center in determining areas of greatest need for technical assistance for inclusive college programs. (C) Support the center in exploring methods of capacity building to strengthen existing inclusive college programs. (2) Each inclusive college program with representatives in the advisory workgroup shall be reimbursed for any actual and necessary expenses incurred in connection with their participation in the advisory workgroup, in an amount not to exceed one hundred thousand dollars ($100,000) for each inclusive college program. (f) To the extent practicable, the center shall leverage resources from the National Center for Information and Technical Support for Postsecondary Students with Disabilities and the coordinating center described in Section 1140q(b) of Title 20 of the United States Code, pursuant to Section 1140q of Title 20 of the United States Code, for best practices, frameworks, and effective implementation of programs for students with disabilities, including long-term planning to increase inclusive college programs. (g) Beginning in the 2025–26 fiscal year, and annually thereafter, on or before March 1 each fiscal year, the center shall provide to the Governor, the Legislature, and the Department of Finance a report regarding the implementation of this section; relevant data, including, but not limited to, student activities and demographic information, to the extent feasible and meaningful to measure access, equity, and outcomes; and recommendations to expand evolving best practices. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year in which they are appropriated, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which they are appropriated. (Amended by Stats. 2026, Ch. 65, Sec. 129. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.5. Doctoral Programs in Education [66040 - 66040.7] SECTION 66040. Source version: id_f8a96f61-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.5. The Legislature finds and declares both of the following: (a) Since its adoption in 1960, the Master Plan for Higher Education has served the state exceedingly well, allowing California to create the largest and most distinguished higher education system in the nation. A key component of the Master Plan is the differentiation of mission and function, whereby doctoral and identified professional programs are limited to the University of California, with the provision that the California State University can provide doctoral education in joint doctoral degree programs with the University of California and independent California colleges and universities. This differentiation of function has allowed California to provide universal access to postsecondary education while preserving quality. (b) Because of the urgent need for well-prepared administrators to lead public school and community college reform efforts, the State of California is hereby making an exception to the differentiation of function in graduate education that assigns sole authority among the California public higher education segments to the University of California for awarding doctoral degrees independently. This exception to the Master Plan for Higher Education recognizes the urgency of meeting critical public school and community college leadership needs and the distinctive strengths and respective missions of the California State University and the University of California. (Added by Stats. 2005, Ch. 269, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.5. Doctoral Programs in Education [66040 - 66040.7] SECTION 66040.3. Source version: id_f8f56c83-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.5. (a) Pursuant to Section 66040, and notwithstanding Section 66010.4, in order to meet specific educational leadership needs in the California public schools and community colleges, the California State University is authorized to award the Doctor of Education (Ed.D.) degree as defined in this section. The authority to award degrees granted by this article is limited to the discipline of education. The Doctor of Education degree offered by the California State University shall be distinguished from doctoral degree programs at the University of California. (b) The Doctor of Education degree offered by the California State University shall be focused on preparing administrative leaders for California public elementary and secondary schools and community colleges and on the knowledge and skills needed by administrators to be effective leaders in California public schools and community colleges. The Doctor of Education degree offered by the California State University shall be offered through partnerships through which the California public elementary and secondary schools and community colleges shall participate substantively in program design, candidate recruitment and admissions, teaching, and program assessment and evaluation. This degree shall enable professionals to earn the degree while working full time. (c) Nothing in this article shall be construed to limit or preclude the California Postsecondary Education Commission from exercising its authority under Chapter 11 (commencing with Section 66900) to review, evaluate, and make recommendations relating to, any and all programs established under this article. (Added by Stats. 2005, Ch. 269, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.5. Doctoral Programs in Education [66040 - 66040.7] SECTION 66040.5. Source version: id_f9505dc5-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.5. With regard to funding the degree programs authorized in Section 66040.3, the California State University shall follow all of the following requirements: (a) Funding on a per full-time equivalent student (FTES) basis for each new student in these degree programs shall be funded from within the California State University’s enrollment growth levels as agreed to in the annual Budget Act. Enrollments in these programs shall not alter the California State University’s ratio of graduate instruction to total enrollment, and shall not come at the expense of enrollment growth in university undergraduate programs. Funding provided from the state for each FTES shall be at the agreed-upon marginal cost calculation that the California State University receives. (b) Each student in the programs authorized by this article shall be charged fees no higher than the rate charged for students in state-supported doctoral degree programs in education at the University of California, including joint Ed.D. programs of the California State University and the University of California. (c) The California State University shall provide any startup funding needed for the programs authorized by this article from within existing budgets for academic programs support, without diminishing the quality of program support offered to California State University undergraduate programs. Funding of these programs shall not result in reduced undergraduate enrollments at the California State University. (Added by Stats. 2005, Ch. 269, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.5. Doctoral Programs in Education [66040 - 66040.7] SECTION 66040.7. Source version: id_86b9d440-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.5. The California State University, the Department of Finance, and the Legislative Analyst’s Office shall jointly conduct a statewide evaluation of the new programs implemented under this article. The evaluation required by this section shall consider all of the following: (a) The number of new doctoral programs in education implemented, including information identifying the number of new programs, applicants, admissions, enrollments, degree recipients, time-to-degree, attrition, and public school and community college program partners. (b) The extent to which the programs established under this article are fulfilling identified state needs for training in educational leadership, including statewide supply and demand data that considers capacity at the University of California and in California’s independent colleges and universities. (c) Information on the place of employment of students and the subsequent job placement of graduates. (d) Any available evidence on the effects that the graduates of the programs are having on elementary and secondary school and community college reform efforts and on student achievement. (e) Program costs and the fund sources that were used to finance these programs, including a calculation of cost per degree awarded. (f) The costs of the programs to students, the amount of financial aid offered, and student debt levels of graduates of the programs. (g) The extent to which the programs established under this article are in compliance with the requirements of this article. (Amended by Stats. 2012, Ch. 728, Sec. 36. (SB 71) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.6. Doctoral Programs in Audiology [66041 - 66041.1] SECTION 66041. Source version: id_0ed911ac-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.6. (a) The Legislature finds and declares both of the following: (1) Since its adoption in 1960, the Master Plan for Higher Education has served to create the largest and most distinguished higher education system in the nation. A key component of the Master Plan for Higher Education is the differentiation of mission and function, whereby doctoral and identified professional programs are limited to the University of California, with the provision that the California State University can provide doctoral education in joint doctoral programs with the University of California and independent California colleges and universities. The differentiation of function has allowed California to provide universal access to postsecondary education while preserving quality. (2) Because of the need to prepare and educate increased numbers of audiologists, the State of California is granting the California State University authority to offer the Doctor of Audiology degree as an exception to the differentiation of function in graduate education that assigns sole authority among the California higher education segments to the University of California for awarding doctoral degrees independently. This exception to the Master Plan for Higher Education recognizes the distinctive strengths and respective missions of the California State University and the University of California. (b) Pursuant to subdivision (a), and notwithstanding Section 66010.4, in order to meet specific audiology education needs in California, the California State University may award the Doctor of Audiology (Au.D.) degree. The authority to award degrees granted by this article is limited to the discipline of audiology. The Au.D. degree offered by the California State University shall be distinguished from doctoral degree programs at the University of California. (Added by Stats. 2016, Ch. 267, Sec. 1. (AB 2317) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.6. Doctoral Programs in Audiology [66041 - 66041.1] SECTION 66041.1. Source version: id_0ed938be-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.6. In implementing Section 66041, the California State University shall comply with all of the following requirements: (a) Enrollments in these programs shall not diminish enrollment growth in university undergraduate programs. (b) The Doctor of Audiology (Au.D.) degree offered by the California State University shall be focused on preparing audiologists to provide health care services and shall be consistent with the standards for accreditation set forth by the Council on Academic Accreditation in Audiology and Speech-Language Pathology. (c) Each student in the programs authorized by this article shall be charged fees no higher than the rate charged for students in state-supported doctoral degree programs in audiology at the University of California, including joint Au.D. programs of the California State University and the University of California. (d) The California State University shall provide any startup and operation funding needed for the programs authorized by this article from within existing budgets for academic programs support, without diminishing the quality of program support offered to California State University undergraduate programs. Funding of these programs shall not result in reduced undergraduate enrollments at the California State University. (Added by Stats. 2016, Ch. 267, Sec. 1. (AB 2317) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.7. Doctoral Programs in Physical Therapy [66042 - 66042.3] SECTION 66042. Source version: id_1e8890ce-1307-11e0-847a-8159c4b47c5f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.7. (a) The Legislature finds and declares both of the following: (1) Since its adoption in 1960, the Master Plan for Higher Education has served to create the largest and most distinguished higher education system in the nation. A key component of the Master Plan for Higher Education is the differentiation of mission and function, whereby doctoral and identified professional programs are limited to the University of California, with the provision that the California State University can provide doctoral education in joint doctoral programs with the University of California and independent California colleges and universities. The differentiation of function has allowed California to provide universal access to postsecondary education while preserving quality. (2) Because of the need to prepare and educate increased numbers of physical therapists, the State of California is granting the California State University authority to offer the Doctor of Physical Therapy degree as an exception to the differentiation of function in graduate education that assigns sole authority among the California higher education segments to the University of California for awarding doctoral degrees independently. This exception to the Master Plan for Higher Education recognizes the distinctive strengths and respective missions of the California State University and the University of California. (b) Pursuant to subdivision (a), and notwithstanding Section 66010.4, in order to meet specific physical therapy education needs in California, the California State University may award the Doctor of Physical Therapy (D.P.T.) degree. The authority to award degrees granted by this article is limited to the discipline of physical therapy. The Doctor of Physical Therapy degree offered by the California State University shall be distinguished from doctoral degree programs at the University of California. (Added by Stats. 2010, Ch. 425, Sec. 1. (AB 2382) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.7. Doctoral Programs in Physical Therapy [66042 - 66042.3] SECTION 66042.1. Source version: id_1e88def0-1307-11e0-847a-8159c4b47c5f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.7. In implementing Section 66042, the California State University shall comply with all of the following requirements: (a) Funding on a per full-time equivalent student (FTES) basis for each new student in these degree programs shall be from within the California State University’s enrollment growth levels as agreed to in the annual Budget Act. Enrollments in these programs shall not alter the California State University’s ratio of graduate instruction to total enrollment, and shall not diminish enrollment growth in university undergraduate programs. Funding provided from the state for each FTES shall be at the agreed-upon marginal cost calculation that the California State University receives. (b) The Doctor of Physical Therapy (D.P.T.) degree offered by the California State University shall be focused on preparing physical therapists to provide health care services, and shall be consistent with meeting the requirements of the Commission on Accreditation in Physical Therapy Education (CAPTE). (c) Nothing in this article shall be construed to limit or preclude the California Postsecondary Education Commission from exercising its authority under Chapter 11 (commencing with Section 66900) to review, evaluate, and make recommendations relating to any and all programs established under this article. (d) Each student in the programs authorized by this article shall be charged fees no higher than the rate charged for students in state-supported doctoral degree programs in physical therapy at the University of California, including joint D.P.T. programs of the California State University and the University of California. (e) The California State University shall provide any startup funding needed for the programs authorized by this article from within existing budgets for academic programs support, without diminishing the quality of program support offered to California State University undergraduate programs. Funding of these programs shall not result in reduced undergraduate enrollments at the California State University. (Added by Stats. 2010, Ch. 425, Sec. 1. (AB 2382) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.7. Doctoral Programs in Physical Therapy [66042 - 66042.3] SECTION 66042.3. Source version: id_1e890602-1307-11e0-847a-8159c4b47c5f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.7. (a) The California State University, the Department of Finance, and the Legislative Analyst’s Office shall jointly conduct a statewide evaluation of the new programs implemented under this article. The results of the evaluation shall be reported, in writing, to the Legislature and the Governor on or before January 1, 2015. The evaluation required by this section shall consider all of the following: (1) The number of new doctoral programs in physical therapy implemented, including information identifying the number of new programs, applicants, admissions, enrollments, and degree recipients. (2) The extent to which the programs established under this article are fulfilling identified needs for physical therapists, including statewide supply and demand data that considers capacity at the University of California and in California’s independent colleges and universities. (3) Information on the place of employment of students and the subsequent job placement of graduates. (4) Program costs and the fund sources that were used to finance these programs, including a calculation of cost per degree awarded. (5) The costs of the programs to students, the amount of financial aid offered, and student debt levels of graduates of the programs. (6) The extent to which the programs established under this article are in compliance with the requirements of this article. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2019. (Added by Stats. 2010, Ch. 425, Sec. 1. (AB 2382) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.8. Doctor of Occupational Therapy Program [66043 - 66043.1] SECTION 66043. Source version: id_8d7b477d-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.8. (a) The Legislature finds and declares both of the following: (1) Since its adoption in 1960, the Master Plan for Higher Education has served to create the largest and most distinguished higher education system in the nation. A key component of the Master Plan for Higher Education is the differentiation of mission and function, whereby doctoral and identified professional programs are limited to the University of California, with the provision that the California State University can provide doctoral education in joint doctoral programs with the University of California and independent California colleges and universities. The differentiation of function has allowed California to provide universal access to postsecondary education while preserving quality. (2) Because of the need to prepare and educate increased numbers of occupational therapists, the state is granting the California State University authority to offer the Occupational Therapy Doctorate degree as an exception to the differentiation of function in graduate education that assigns sole authority among the California higher education segments to the University of California for awarding doctoral degrees independently. This exception to the Master Plan for Higher Education recognizes the distinctive strengths and respective missions of the California State University and the University of California. (b) Pursuant to subdivision (a), and notwithstanding Section 66010.4, in order to meet specific occupational therapy education needs in the state, the California State University may establish Occupational Therapy Doctorate degree programs. (c) The authority to establish degree programs granted by this article shall be limited to the discipline of occupational therapy. (d) The Occupational Therapy Doctorate degree programs offered by the California State University shall be distinguished from doctoral degree programs at the University of California. (Added by Stats. 2019, Ch. 183, Sec. 1. (AB 829) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.8. Doctor of Occupational Therapy Program [66043 - 66043.1] SECTION 66043.1. Source version: id_8d7b6e8f-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.8. (a) The Occupational Therapy Doctorate degree programs offered by the California State University shall be focused on preparing occupational therapists to provide health care services and shall be consistent with the standards for accreditation set forth by the appropriate accrediting body. (b) The California State University shall provide any startup and operation funding needed for the degree programs authorized by this article from within existing budgets for academic program support, without diminishing the quality of program support offered to California State University undergraduate programs. (Added by Stats. 2019, Ch. 183, Sec. 1. (AB 829) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.9. Doctoral Programs in Public Health [66044 - 66044.1] SECTION 66044. Source version: id_16d2b4fc-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.9. (a) The Legislature finds and declares all of the following: (1) Since its adoption in 1960, the Master Plan for Higher Education has served to create the largest and most distinguished higher education system in the nation. A key component of the Master Plan for Higher Education is the differentiation of mission and function of each public higher education sector to increase access and educational opportunity for Californians. The Master Plan has a provision that allows the California State University to offer doctoral education in joint doctoral programs with the University of California and independent California colleges and universities. (2) More recently, the California State University has received legislative authority to offer independent professional doctoral degrees in areas where there is an identified workforce or accreditation need that may not be fulfilled through existing education opportunities in California. (3) Because of the need to prepare and educate increased numbers of public health leaders and administrators, the State of California is granting the California State University authority to offer the Doctor of Public Health (DrPH) degree as an exception to the differentiation of function in graduate education that assigns sole authority among the California higher education segments to the University of California for awarding doctoral degrees independently. This exception to the Master Plan for Higher Education recognizes the distinctive strengths and respective missions of the California State University and the University of California. (b) Pursuant to subdivision (a), and notwithstanding Section 66010.4, in order to meet specific public health leadership needs in California, the California State University may award the Doctor of Public Health (DrPH) degree. The authority to award degrees granted by this article is limited to the discipline of public health. The Doctor of Public Health (DrPH) degree offered by the California State University shall be distinguished from doctoral degree programs in public health at the University of California. (Added by Stats. 2022, Ch. 936, Sec. 1. (SB 684) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.9. Doctoral Programs in Public Health [66044 - 66044.1] SECTION 66044.1. Source version: id_16d2b4fe-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.9. In implementing Section 66044, the California State University shall comply with all of the following requirements: (a) Enrollments in the Doctor of Public Health (DrPH) degree programs offered by the California State University pursuant to this article shall not diminish enrollment growth in university undergraduate programs. (b) The degree programs authorized by this article shall be focused on health and scientific knowledge translation and transformative community leadership, and shall be designed to address the community public health workforce needs of California and prepare qualified professionals to be leaders and experienced practitioners who apply their advanced knowledge in service to California’s diverse communities in areas such as community health administration, health education and promotion, and public health advocacy. These degree programs shall enable professionals to earn the degree while working full time. (c) Each student in the degree programs authorized by this article shall be charged fees comparable to, but not higher than, those fees charged for the Doctor of Public Health (DrPH) degree at the University of California. (d) The California State University shall provide any startup and operation funding needed for the degree programs authorized by this article from within existing budgets for academic program support without diminishing the quality of program support offered to California State University undergraduate programs. Funding of these degree programs shall not result in reduced undergraduate enrollment at the California State University. (Added by Stats. 2022, Ch. 936, Sec. 1. (SB 684) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.92. Doctoral Programs [66046 - 66046.3] SECTION 66046. Source version: id_206d5b99-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.92. As used in this article, the following definitions apply: (a) “Chancellor” means the Chancellor of the CSU. (b) “Chancellor’s office” means the office of the chancellor. (c) “CSU” means the California State University. (d) “President” means the President of the UC. (e) “President’s office” means the office of the president. (f) “Proposed doctoral program” means a proposed doctoral degree program at the CSU pursuant to this article. (g) “Trustees” means the Trustees of the CSU. (h) “UC” means the University of California. (Added by Stats. 2023, Ch. 663, Sec. 1. (AB 656) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.92. Doctoral Programs [66046 - 66046.3] SECTION 66046.1. Source version: id_206d5b9b-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.92. (a) The Legislature finds and declares all of the following: (1) Since its adoption in 1960, the Master Plan for Higher Education has served to create the largest and most distinguished higher education system in the nation. A key component of the Master Plan for Higher Education is the differentiation of mission and function of each public higher education sector to increase access and educational opportunity for Californians. The Master Plan has a provision that allows the CSU to offer doctoral education in joint doctoral programs with the UC and independent California colleges and universities. (2) More recently, the CSU has received legislative authority to offer independent professional or applied doctoral degrees in areas where there is an identified workforce or accreditation need that may not be fulfilled through existing education opportunities in California. (3) The State of California is granting the CSU authority to offer professional or applied doctoral degrees statewide that do not duplicate UC doctoral degrees as an exception to the differentiation of function in graduate education that assigns sole authority among the California higher education segments to UC for awarding doctoral degrees independently. This exception to the Master Plan for Higher Education recognizes the distinctive strengths and respective missions of the CSU and the UC. (b) Consistent with subdivision (a), and notwithstanding Section 66010.4, the CSU, in consultation with the president’s office, may award professional or applied doctoral degrees statewide that do not duplicate UC doctoral degrees. In implementing this article, the CSU shall comply with all of the following requirements: (1) Enrollment in CSU professional or applied doctoral degree programs established pursuant to this article shall not diminish enrollment in CSU undergraduate programs. (2) CSU professional or applied doctoral degree programs established pursuant to this article shall not duplicate UC doctoral degree programs that are offered or under review by the UC. A professional or applied doctoral degree program established pursuant to this article shall be distinguished from doctoral degree programs offered by the UC. (3) The CSU shall establish fees for professional or applied doctoral degree programs established pursuant to this article that shall be comparable to, but no higher than, those fees charged for UC doctoral degree programs. (4) The CSU shall provide any startup and operational funding needed for professional or applied doctoral degree programs established pursuant to this article from within existing budgets for academic program support without diminishing the quality of program support offered for CSU undergraduate programs. Funding of professional or applied doctoral degree programs established pursuant to this article shall not result in reduced CSU undergraduate enrollment. (Added by Stats. 2023, Ch. 663, Sec. 1. (AB 656) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.92. Doctoral Programs [66046 - 66046.3] SECTION 66046.2. Source version: id_206d5b9d-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.92. A professional or applied doctoral degree program established pursuant to this article shall comply with all of the following limitations: (a) A CSU campus seeking authorization to offer a doctoral degree program pursuant to this article shall submit all of the following for review by the chancellor’s office, and approval by the trustees: (1) Documentation verifying that the proposed doctoral program does not duplicate a UC doctoral degree program that is offered or under review by the UC. The CSU shall, in consultation with the Academic Senate of the CSU, and the UC is requested to, in consultation with the Academic Senate of the UC, develop and agree on criteria for assessing duplication. This criteria shall include both of the following: (A) Curricular and academic elements of the proposed doctoral program. (B) Postgraduate professional job objectives for recipients of the proposed doctoral degree. (2) Enrollment projections for the proposed doctoral program. (3) An administrative plan for the proposed doctoral program, including, but not limited to, the funding plan for the program. (4) Statewide workforce data relevant to the proposed doctoral program. (b) The chancellor shall ensure all of the following for a CSU campus seeking to offer a proposed doctoral program: (1) The chancellor notifies, in writing, and sends relevant materials on the proposed doctoral program to the president’s office and the President of the Association of Independent California Colleges and Universities to allow for consultation on issues of duplication. Proposed doctoral programs shall be submitted for consultation once per year pursuant to a timeline that is mutually agreed upon by the CSU and the UC. (2) The trustees shall not approve for implementation a proposed doctoral program if the president’s office has, within 120 days of being notified and receiving materials for the proposed doctoral program pursuant to paragraph (1), provided written objections on the basis of duplication. (3) A proposed doctoral program that receives written objections from the president’s office in compliance with paragraph (1) shall not be approved for implementation by the trustees unless and until a letter indicating a resolution of the written objections and a mutual agreement, signed by both the chancellor and the president, in support of the CSU offering the proposed doctoral program is submitted to the Assembly Committee on Higher Education and the Senate Committee on Education. (c) (1) Doctoral degree programs that are approved for implementation by the trustees pursuant to this article may be implemented at any CSU campus. (2) The trustees shall not approve more than 10 new doctoral degree disciplines pursuant to this article per academic year. (3) The total number of professional or applied doctoral degree programs offered by a CSU campus pursuant to this article shall not, at any time, exceed 25 percent of the total number of undergraduate, graduate through the master’s degree, and professional and teacher education programs offered by the CSU campus. (Added by Stats. 2023, Ch. 663, Sec. 1. (AB 656) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 4.92. Doctoral Programs [66046 - 66046.3] SECTION 66046.3. Source version: id_206d5b9f-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=4.92. (a) The Legislative Analyst’s Office shall conduct a statewide evaluation of the doctoral degree programs authorized pursuant to this article. (b) On or before December 31, 2028, the Legislative Analyst’s Office shall submit a report, pursuant to Section 9795 of the Government Code, to the Legislature and the Governor on the results of the evaluation. (c) (1) The evaluation and report shall include, but are not limited to, all of the following information on the doctoral degree programs authorized pursuant to this article: (A) The number of CSU campuses that proposed doctoral degree programs. (B) The types of doctoral degree programs proposed by CSU campuses. (C) The number of doctoral degree programs approved by the trustees. (D) The number of doctoral degree programs implemented. (E) The number of doctoral degree program proposals that received objections from UC, what the objections were, and how the objections were resolved. (F) Enrollment and completion information on implemented doctoral degree programs. (G) The impact of expanded doctoral degrees at the CSU pursuant to this article on the accessibility, quality, and affordability of higher education in California. (2) The report described in paragraph (1) shall include information on the impact of expanded professional doctoral education at CSU on the accessibility, quality, and affordability of higher education in California. (d) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on December 31, 2030, and as of January 1, 2031, is repealed. (Added by Stats. 2023, Ch. 663, Sec. 1. (AB 656) Effective January 1, 2024. Inoperative December 31, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5. Quality Undergraduate Education [66050 - 66053] SECTION 66050. Source version: id_fd2135dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5. It is the intent of the Legislature that public institutions of higher education in California shall provide a collegiate experience which gives each student the skills of communication and problem solving, the ideas and principles underlying the major areas of modern knowledge, the ability to consider ethical issues thoughtfully, the understanding that learning is a continuous lifelong process, and the knowledge of democracy necessary for good citizenship. The Legislature further intends that an undergraduate education prepare students to think critically and independently, and to have the flexibility to adapt to changing economic and social conditions, new workforce needs, and demands of a multicultural society. It is also the intent of the Legislature that the segments of higher education recognize that quality teaching is the core ingredient of the undergraduate educational experience. The segments of higher education are encouraged to improve the quality of undergraduate education as a central priority of California’s public colleges and universities. (Added by Stats. 1991, Ch. 1198, Sec. 10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5. Quality Undergraduate Education [66050 - 66053] SECTION 66051. Source version: id_fd2135df-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5. It is the intent of the Legislature that each segmental governing board shall affirm that the oversight of teaching quality is as important a governance issue as its other management and administrative responsibilities. It is further the intent of the Legislature that governing boards shall be proactive in protecting and advancing general education within the undergraduate curriculum. (Added by Stats. 1991, Ch. 1198, Sec. 10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5. Quality Undergraduate Education [66050 - 66053] SECTION 66052. Source version: id_fd22bc81-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5. (a) The Legislature finds and declares that there is a need to encourage policies that enhance the quality of teaching within the segments of higher education. (b) It is the intent of the Legislature that the University of California adopt and enforce policies and procedures which ensure that quality teaching is an essential criterion, along with research, in the evaluation of faculty for appointment, retention, promotion, and tenure. It is also the intent of the Legislature that the California State University and the governing board of each community college district adopt and enforce policies and procedures that ensure that teaching is given primacy in the evaluation of faculty for appointment, retention, promotion, and tenure. (c) It is further the intent of the Legislature that the governing board of each public institution of higher education ensure that teaching is an essential criterion in the review of tenured faculty members. (Added by Stats. 1991, Ch. 1198, Sec. 10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5. Quality Undergraduate Education [66050 - 66053] SECTION 66053. Source version: id_fd22bc83-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5. It is the intent of the Legislature that the Regents of the University of California, the Trustees of the California State University, and community college governing boards adopt policies and procedures to ensure that new faculty are competent in classroom teaching and that instructional resources are made available for faculty to enhance their teaching. The Legislature further encourages the University of California, the California State University, and the California Community Colleges to establish appropriate incentives for improving teaching. (Added by Stats. 1991, Ch. 1198, Sec. 10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5.5. Nursing Programs [66055 - 66055.9] SECTION 66055. Source version: id_fd22bc87-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5.5. Not later than September 1, 2005, the Chancellor of the California Community Colleges shall do all of the following: (a) Encourage community college districts to standardize all nursing program prerequisites on a statewide basis. (b) Encourage community college districts to negotiate and implement articulation agreements with the campuses of the California State University to which they send a significant number of nursing students. (c) Implement the recommendations of the Intersegmental Major Preparation Articulated Curriculum (IMPAC) project not later than September 1, 2004. (Added by Stats. 2002, Ch. 1093, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5.5. Nursing Programs [66055 - 66055.9] SECTION 66055.5. Source version: id_fd22bc89-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5.5. Not later than September 1, 2005, the Chancellor of the California State University shall do all of the following: (a) Standardize all nursing education program prerequisites for the various campuses of the California State University on a systemwide basis. (b) Require the campuses of the university that maintain nursing education programs to negotiate and implement articulation agreements with community college districts from which they receive a significant number of nursing students. (c) Implement the recommendations of the Intersegmental Major Preparation Articulated Curriculum (IMPAC) project not later than September 1, 2004. (Added by Stats. 2002, Ch. 1093, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5.5. Nursing Programs [66055 - 66055.9] SECTION 66055.8. Source version: id_c74697b6-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5.5. Notwithstanding any other provision of law, a campus of the California State University or the California Community Colleges that operates a registered nursing program shall not require a student who has been admitted to that registered nursing program and who has already earned a baccalaureate or higher degree from a regionally accredited institution of higher education to undertake any coursework other than the coursework that is unique and exclusively required to earn a nursing degree from that institution. (Amended by Stats. 2008, Ch. 175, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5.5. Nursing Programs [66055 - 66055.9] SECTION 66055.9. Source version: id_02cfa2d0-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5.5. Notwithstanding any other provision of law, any college, university, or other entity that operates an accredited registered nursing program may require any prospective student to provide criminal record clearance within the meaning of Section 1265.5 of the Health and Safety Code prior to enrollment. (Added by Stats. 2007, Ch. 522, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 5.7. Year-Round Academic Programs [66057- 66057.] SECTION 66057. Source version: id_b9c1b1e5-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=5.7. (a) The Legislature finds and declares all of the following: (1) The future economic vitality of California will depend on the state’s ability to educate its citizens and to help them develop the work and social skills needed to compete with workers of other nations and states in our global economy. (2) Ensuring that California’s colleges and universities can accommodate a tidal wave of new students, as well as enable those from diverse backgrounds to achieve success in their college careers, will require a variety of strategies. (3) The Legislative Analyst’s Office (LAO) has reported that most campuses of the University of California, the California State University, and the California Community Colleges will soon exceed their current capacities. (4) The LAO has identified year-round operation as a cost-efficient strategy to address future enrollment growth, by avoiding capital expenditure for instructional space, such as classrooms, class laboratories, study space in libraries, and other selected student support service facilities. (5) Year-round operation also increases student access to high demand campuses, and allows students to accelerate their progress to degrees. (6) (A) It is the intent of the Legislature that the University of California and the California State University accommodate enrollment growth by maximizing the utilization of existing instructional facilities during the summer term before building new classrooms and teaching laboratories. It is further the intent of the Legislature that the University of California and the California State University make requests for capital outlay funding for space for classrooms and class laboratories justified using legislatively approved utilization standards and a reasonable assumption of summer-term enrollment. (B) Accordingly, the University of California is requested to base its annual five-year capital outlay plan on the utilization of instructional facilities during the summer, assuming summer-term enrollment of at least 40 percent of the average fall, winter, and spring enrollment. (C) The California State University is requested to base its annual five-year capital outlay plan on utilization of instructional facilities during the summer, assuming summer-term enrollment of at least 25 percent and 40 percent of the fall, winter, spring enrollment at rural and urban campuses, respectively. (b) Summer session fees at all campuses of the University of California and the California State University shall not exceed the fees charged per credit unit for any other academic term, if the state provides funding to offset any revenue losses that may occur due to the difference between the state university fee and fees charged for self-supporting academic programs. (c) In recognition of the differing circumstances on the various campuses throughout the state, the University of California and the California State University shall retain the flexibility to implement year-round operation differently on individual campuses. (d) On or before January 10 of each year, the University of California is requested to, and the California State University shall, submit to the Legislature a report describing summer enrollment for their respective systems. The report shall include all of the following information separately for each campus in the system: (1) The number of state-funded headcount students enrolled during the summer term of the preceding calendar year and, for comparison purposes, the year-average number of state-funded headcount students enrolled during the preceding fall, winter, and spring terms. (2) The number of state-funded full-time equivalent students enrolled during the summer term of the preceding calendar year and, for comparison purposes, the number of year-average state-funded full-time equivalent students enrolled during the preceding fall, winter, and spring terms. (3) Efforts undertaken to increase summer enrollment. (Amended by Stats. 2009, Ch. 386, Sec. 7. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 6. Campus Child Care and Development Programs [66060 - 66062] SECTION 66060. Source version: id_fd244331-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=6. (a) Notwithstanding any law to the contrary, higher educational institutions may establish and maintain child development programs on or near their respective campuses. Those higher educational institutions under contract with the State Department of Education for child care and development services pursuant to this chapter or Chapter 2 (commencing with Section 8200) of Part 6 are subject to the rules and regulations adopted by the Superintendent of Public Instruction. (b) Children of students of each campus operating a child development program shall have first priority for service in that program, in accordance with the priorities established in subdivision (b) of Section 8263. (c) The higher educational institutions may institutionalize child development programs on their respective campuses for the purpose of incorporating child development programs into the missions and functions of the respective campuses. (d) The Superintendent of Public Instruction, in cooperation with higher educational institutions, shall establish rules and regulations governing programs operated pursuant to this section. (e) It is the intention of the Legislature that a consortium composed of higher educational institutions be established by the institutions to improve communication and cooperation and to advise and assist the Superintendent of Public Instruction in the development of rules and regulations and policies and procedures affecting child care and development programs. The Superintendent of Public Instruction, in cooperation with the consortium, shall be responsible for ongoing communication with and dissemination of information to all campus child care and development agencies under contract with the State Department of Education. (Added by Stats. 1995, Ch. 758, Sec. 31. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 6. Campus Child Care and Development Programs [66060 - 66062] SECTION 66061. Source version: id_d9294ab7-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=6. A child development program established by the California Community Colleges, the California State University, or the University of California pursuant to Section 66060 is encouraged to give priority to children of students who are single parents and who meet income criteria as established by the institution. (Added by Stats. 2019, Ch. 265, Sec. 1. (AB 809) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 6. Campus Child Care and Development Programs [66060 - 66062] SECTION 66062. Source version: id_ba869a7a-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=6. A child development center or preschool established pursuant to Section 66060 by the California Community Colleges and the California State University shall, and a child development center or preschool established pursuant to Section 66060 by the University of California is requested to, provide students with dependent children seeking childcare with both of the following: (a) Referral to the campus Basic Needs Center established pursuant to Section 66023.4 or 66023.5 for support accessing information, including, but not limited to, information and connections to local resource and referral agencies in order to obtain support in applying for state and federal childcare subsidies and programs and finding local childcare providers. (b) Referral to the campus’ financial aid office, including information on the awards for students with dependent children established pursuant to Article 9 (commencing with Section 69465) of Chapter 1.7 of Part 42. (Added by Stats. 2025, Ch. 600, Sec. 4. (SB 271) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 7. Higher Education Assessment Act of 1990 [66070 - 66072] SECTION 66070. Source version: id_8f4af326-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=7. The Legislature finds and declares both of the following: (a) The primary goal of every higher educational institution should be to provide a collegiate experience that gives each student the skills of communication and problemsolving, the ideas and principles underlying the major areas of modern knowledge, the ability to consider critical issues thoughtfully, the understanding that learning is a continuous lifelong process, and the knowledge of democracy necessary for good citizenship. (b) To improve performance, educational institutions are encouraged to use effective assessment mechanisms based on positive reinforcement, incentives, and cooperation. (Amended by Stats. 2006, Ch. 538, Sec. 130. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 7. Higher Education Assessment Act of 1990 [66070 - 66072] SECTION 66071. Source version: id_fd25c9d7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=7. In enacting this article, it is the intent of the Legislature to urge the continued development and implementation of assessment processes whereby institutions of higher education establish mechanisms, through program review and improvement, for the assessment of their performance in attempting to improve student learning and comprehension and achieving the expressed state policy goals for higher education of quality, educational equity, employee diversity, student transfer, and student retention. The primary purposes of assessment shall be to improve teaching and learning as well as academic advising. Assessment programs shall be focused on activities that are campus-based, faculty-centered, and student-responsive. Faculty, students, and academic administrators are encouraged to work together in developing assessment programs. (Added by Stats. 1995, Ch. 758, Sec. 32. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 7. Higher Education Assessment Act of 1990 [66070 - 66072] SECTION 66072. Source version: id_fd25c9d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=7. It is the intent of the Legislature to monitor the performance of the University of California, the California State University, and the community colleges in the following areas: (a) Diversification of student bodies. (b) Improved student transfer rates. (c) Improved student retention rates. (d) Diversification of faculty, nonfaculty academic staff, and administrative positions. (e) As a part of program review, enhanced student learning, as demonstrated through mechanisms designed to explore improvements in knowledge, skills, and abilities. (Added by Stats. 1995, Ch. 758, Sec. 32. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 7.5. Designation of California Black-Serving Institutions [66076 - 66076.4] SECTION 66076. Source version: id_02280788-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=7.5. This article shall be known, and may be cited, as the Designation of California Black-Serving Institutions. (Added by Stats. 2024, Ch. 627, Sec. 2. (SB 1348) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 7.5. Designation of California Black-Serving Institutions [66076 - 66076.4] SECTION 66076.1. Source version: id_0228078a-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=7.5. As used in this article, the following definitions apply: (a) “Applicant” means an eligible college or university that applies for a designation pursuant to this article. (b) “College or university” means a University of California, California State University, or California Community Colleges campus, or an independent institution of higher education. (c) “Governing board” means the governing board established pursuant to this article. (d) “Managing entity” means the California State University Statewide Central Office for the Advancement of Black Excellence described in this article. (e) “Normal time” means the time it would take a full-time student to complete the requirements for a degree or certificate offered by a college or university. (f) “Recipient” means a college or university that receives a designation pursuant to this article. (Added by Stats. 2024, Ch. 627, Sec. 2. (SB 1348) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 7.5. Designation of California Black-Serving Institutions [66076 - 66076.4] SECTION 66076.2. Source version: id_563cbf02-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=7.5. (a) The Designation of California Black-Serving Institutions is hereby established to recognize colleges and universities that excel at providing academic resources to Black and African American students enrolled in degree or certificate programs offered by colleges and universities. This designation shall only be awarded to qualifying applicants by a two-thirds vote of approval by the governing board members who are present for the vote. (b) An initial designation awarded pursuant to this article shall be valid for five academic years. Thereafter, a recipient may submit an application for renewal. A renewal designation awarded pursuant to this article shall be valid for five years. (c) An applicant is eligible for designation pursuant to this article if the applicant meets all of the following requirements: (1) Has at least 10 percent of the college’s or university’s enrolled student population identifying as Black and African American students, or has at least 1,500 Black and African American students enrolled at the college or university. (2) Submits an initial or renewal application, as applicable, to the managing entity on or before the applicable application deadline established by the managing entity pursuant to Section 66076.3. (3) Meets either of the following, as applicable: (A) Submits an initial application that complies with subdivision (d). (B) Submits a renewal application that complies with subdivision (e). (4) Posts the initial or renewal application submitted pursuant to subparagraph (A) or (B) of paragraph (3), as applicable, on the applicant’s internet website. (d) An initial application shall include, but not be limited to, all of the following: (1) A certification, in writing, by the chief administrative officer of the college or university, of the applicant’s commitment to address Black and African American student success that is consistent with the applicant’s mission. (2) Academic goals for the applicant to achieve within the five-year period in which the initial designation awarded pursuant to this article shall be valid. The goals described in this paragraph shall improve retention, time-to-degree or time-to-certificate completion, and graduation rates of Black and African American students based on the data submitted by the applicant pursuant to paragraph (5) or (6), as applicable, within the five-year period in which the initial designation shall be valid. (3) Academic equity goals for the applicant to achieve within the five-year period in which the initial designation awarded pursuant to this article shall be valid. The goals described in this paragraph shall reduce the academic equity gaps in the retention, time-to-degree or time-to-certificate completion, and graduation rates between the applicant’s Black and African American students and the overall student population based on data submitted by the applicant pursuant to paragraph (5) or (6), as applicable. (4) A strategic plan for the five-year period in which the initial designation awarded pursuant to this article shall be valid on how the applicant intends to meet the academic goals and academic equity goals submitted pursuant to paragraphs (2) and (3). The strategic plan shall include, but not be limited to, all of the following: (A) A mission statement that addresses the applicant’s commitment to serve Black and African American students. (B) Outreach services to Black and African American students to encourage them to enroll at the college or university. (C) Academic and basic needs support services to assist in the academic success of Black and African American students. Support services described in this subparagraph may include campus affinity centers and corequisite coursework or concurrent support activities. (D) An outline of the planned allocation of resources during the five-year period in which the initial designation awarded pursuant to this article shall be valid, to ensure that the strategic plan described in this paragraph can be implemented. (E) An outline of how the applicant will use existing resources to provide culturally-relevant professional development to the applicant’s faculty and staff. (5) A four-year college or university applicant shall submit, in its application, graduation rates for the previous three academic years for all students, and for Black and African American students, within the normal time and up to 150 percent of the normal time to degree completion, yield, retention, and graduation rate. (6) A community college applicant shall submit, in its application, all of the following for the previous three academic years: (A) The number of degree and certificate programs completed by all students, and by Black and African American students. (B) The number of all students, and of Black and African American students, who completed degree and certificate programs within normal time and up to 300 percent of normal time to degree completion, yield, retention, and graduation rate. (C) The student transfer rates for all students, and for Black and African American students, to four-year colleges and universities. (7) A description of campus resources to promote a campus of equity and inclusion for Black and African American students. (e) A renewal application shall include, but not be limited to, all of the following: (1) Either of the following, as applicable: (A) An applicant seeking renewal upon expiration of an initial designation awarded pursuant to this article shall resubmit the application it submitted to receive that initial designation. (B) An applicant seeking renewal upon expiration of a renewal designation awarded pursuant this article shall resubmit the application it submitted to receive that previous renewal designation. (2) Demonstration of the applicant’s progress to achieve the academic goals and academic equity goals provided in the application submitted pursuant to paragraph (1). (3) Demonstration of the applicant’s progress to implement the strategic plan provided in the application submitted pursuant to paragraph (1). (4) Any changes made by the applicant to either of the following items provided in the application submitted pursuant to paragraph (1): (A) The mission statement in the strategic plan that addresses the applicant’s commitment to serve Black and African American students. (B) The description of campus resources to promote a campus of equity and inclusion for Black and African American students. (5) A certification, in writing, by the chief administrative officer of the college or university, of the applicant’s continual commitment to address Black and African American student success that is consistent with the applicant’s mission. (6) Academic goals for the applicant to achieve within the five-year period in which the renewal designation shall be valid. The goals described in this paragraph shall improve retention, time-to-degree or time-to-certificate completion, and graduation rates of Black and African American students based on the data submitted by the applicant pursuant to paragraph (9) or (10), as applicable, within the five-year period in which the renewal designation shall be valid. (7) Academic equity goals for the applicant to achieve within the five-year period in which the renewal designation shall be valid. The goals described in this paragraph shall reduce the academic equity gaps in the retention, time-to-degree or time-to-certificate completion, and graduation rates between the applicant’s Black and African American students and the overall student population based on data submitted by the applicant pursuant to paragraph (9) or (10), as applicable. (8) A strategic plan for the five-year period in which the renewal designation shall be valid on how the applicant intends to meet the academic goals and academic equity goals submitted pursuant to paragraphs (6) and (7). The strategic plan shall include, but not be limited to, all of the following: (A) Outreach services to Black and African American students to encourage them to enroll at the college or university. (B) Academic and basic needs support services to assist in the academic success of Black and African American students. Support services described in this subparagraph may include campus affinity centers and corequisite coursework or concurrent support activities. (C) An outline of the planned allocation of resources for the five-year period in which the renewal designation shall be valid, to ensure that the strategic plan described in this paragraph can be implemented. (D) An outline of how the applicant will use existing resources to provide culturally-relevant professional development to the applicant’s faculty and staff. (9) A four-year college or university applicant shall submit, in its application, graduation rates for the previous five academic years for all students, and for Black and African American students, within the normal time and up to 150 percent of normal time to degree completion, yield, retention, and graduation rate. (10) A community college campus shall submit, in its application, all of the following for the previous five academic years: (A) The number of degree and certificate programs completed by all students, and by Black and African American students. (B) The number of all students, and of Black and African American students, who completed degree and certificate programs within normal time and up to 300 percent of normal time to degree completion yield, retention, and graduation rate. (C) The student transfer rates for all students, and for Black and African American students, to four-year colleges and universities. (f) (1) If an applicant’s renewal application is denied by the governing board, the applicant may only submit an application to receive an initial designation pursuant to this article. (2) Notwithstanding paragraph (1), an applicant described in paragraph (1) may submit an application for a renewal designation following the award of a subsequent initial designation by the governing board pursuant to this article. (g) An applicant is encouraged to inform and consult with the academic senate of the college or university on the applicant’s initial and renewal applications prepared pursuant to this article. (Amended by Stats. 2025, Ch. 67, Sec. 61. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 7.5. Designation of California Black-Serving Institutions [66076 - 66076.4] SECTION 66076.3. Source version: id_02282e9e-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=7.5. The California State University Statewide Central Office for the Advancement of Black Excellence is hereby designated as the managing entity for initial and renewal designations pursuant to this article. The managing entity shall act as a neutral administrative body. The managing entity shall have all of the following duties: (a) Developing application processes that contain the requirements described in Section 66076.2 for applicants. (b) Accepting initial and renewal applications from applicants. The managing entity shall set two application deadlines each year on dates determined by the managing entity. (c) Processing and presenting each application received to the governing board twice each year on dates determined by the governing board. (d) Upon the governing board’s approval or denial of an applicant’s application, informing the applicant on this outcome. (e) Preparing and delivering to an applicant approved by the governing board to receive a designation pursuant to this article, an appropriate insignia recognizing this designation. (Added by Stats. 2024, Ch. 627, Sec. 2. (SB 1348) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 7.5. Designation of California Black-Serving Institutions [66076 - 66076.4] SECTION 66076.4. Source version: id_02282ea0-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=7.5. (a) The governing board of the Designation of California Black-Serving Institutions is hereby established. The purpose of the governing board is to award colleges and universities with designations pursuant to this article based on applications presented by the managing entity pursuant to Section 66074.3. (b) (1) The governing board shall be composed of all of the following eight members: (A) The Lieutenant Governor, or the Lieutenant Governor’s designee. (B) One member of the public, to be appointed by the Speaker of the Assembly. (C) One member of the public, to be appointed by the President pro Tempore of the Senate. (D) A designee of the President of the University of California. (E) A designee of the Chancellor of the California State University. (F) A designee of the Chancellor of the California Community Colleges. (G) A designee of the Association of Independent California Colleges and Universities. (H) The chair of the California Legislative Black Caucus, or the chair’s designee. (2) Any designee described in paragraph (1) shall be qualified to make decisions on behalf of that appointed position. (3) A member of the public appointed pursuant to paragraph (1) by either the Speaker of the Assembly or the President pro Tempore of the Senate shall serve a two-year term. (4) It is the intent of the Legislature that in appointing members of the public pursuant to paragraph (1), the appointing authority shall make every effort to ensure that the membership of the governing board includes persons who have a strong interest in the further development and improvement of the academic success of Black and African American students. (c) For purposes of the first two years of the governing board’s operations, the chair of the governing board shall be the Lieutenant Governor or the Lieutenant Governor’s designee. The governing board shall select each subsequent chairman from within its membership by a vote of two-thirds of the governing board’s voting members. (d) The governing board shall complete both of the following actions: (1) Convene twice a year to vote on the approval or denial of applications. (2) Approve or deny each application presented by the managing entity pursuant to Section 66074.3. (e) All decisions made by the governing board shall require a two-thirds vote of approval by the governing board members who are present for the vote. (f) The governing board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2024, Ch. 627, Sec. 2. (SB 1348) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 8. English Proficiency in Higher Education [66080 - 66083] SECTION 66080. Source version: id_fd25c9dd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=8. This article shall be known, and may be cited, as the “English Proficiency in Higher Education Act.” (Added by Stats. 1995, Ch. 200, Sec. 2. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 8. English Proficiency in Higher Education [66080 - 66083] SECTION 66081. Source version: id_b2700d33-fce8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=8. “Instructional faculty,” for purposes of this article, means every member of an institution of public higher education, other than visiting faculty, but including graduate teaching assistants, who teach one or more undergraduate credit courses at a campus of that institution within this state except courses that are designed to be taught predominantly in a world language, and elective, special arrangement courses, such as individualized instruction and independent study courses. (Amended by Stats. 2018, Ch. 865, Sec. 29. (AB 2319) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 8. English Proficiency in Higher Education [66080 - 66083] SECTION 66082. Source version: id_fd275081-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=8. (a) Each institution of public higher education shall evaluate its instructional faculty for oral and written proficiency in the English language in the classroom. In an institution where a majority of the students speak English, if a member of the instructional faculty is unable to demonstrate proficiency in oral or written communication, he or she shall be required to improve oral and written communication skills through courses, workshops, or programs specifically designed for this purpose. (b) Each institution shall determine its own method or process of evaluating the language proficiency of its faculty. (Added by Stats. 1995, Ch. 200, Sec. 2. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 8. English Proficiency in Higher Education [66080 - 66083] SECTION 66083. Source version: id_fd275083-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=8. This article does not apply to the California Community Colleges. (Added by Stats. 1995, Ch. 200, Sec. 2. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 2. General Provisions [66010 - 66093.4] ARTICLE 9. Standards and Guidelines for a Curriculum in Gerontology and Geriatrics in Higher Education [66085- 66085.] SECTION 66085. Source version: id_ad3844eb-3186-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=2.&article=9. The Legislature requests that the Trustees of the California State University, the Regents of the University of California, and the Board of Governors of the California Community Colleges, in consultation with the California Council on Gerontology and Geriatrics and other qualified groups or individuals, develop standards and guidelines, based on standards developed by the Association for Gerontology in Higher Education, for the biological, social, and psychological aspects of aging for professional degree programs at the associate, bachelor, and graduate levels, including those programs in gerontology, nursing, social work, psychology, marriage and family therapy, professional clinical counseling, and the rehabilitation therapies. Nothing in this article shall be construed to require any additional coursework requirements for professional degree programs. (Amended by Stats. 2011, Ch. 381, Sec. 19. (SB 146) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 3. Capital Outlay Fund [66100 - 66103] SECTION 66100. Source version: id_fd28d72b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=3.&article= A fund in the State Treasury is hereby created, to be known as the Capital Outlay Fund for Public Higher Education. All money in the Capital Outlay Fund for Public Higher Education, including any money deposited in said fund from any source whatsoever after the effective date of this chapter, shall be available, when appropriated by the Legislature, for expenditure for capital outlay purposes relating to public higher education including, but not limited to, acquisition of sites and construction of new institutions of public higher education thereon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 3. Capital Outlay Fund [66100 - 66103] SECTION 66103. Source version: id_fd28d72d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=3.&article= The Director of Finance shall cause all moneys in the fund which are in excess of current requirements to be invested and reinvested from time to time in securities described in Section 16430 of the Government Code, and such securities may be sold or exchanged if in his opinion such sale or exchange is in the best interests of the state in effectuating the purposes of this chapter. All income derived from such investment, reinvestment, sale, or exchange shall be credited to the fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 3.5. Student-Imposed Athletics Fees [66150 - 66152] SECTION 66150. Source version: id_bb4948e8-e3fc-11df-9c0b-aa0133d425a3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=3.5.&article= The following definitions govern the construction of this chapter: (a) “Student body organization” means an entity formed or operating pursuant to Section 89300 or a student body organization that is established at a campus of the University of California. (b) “Student-imposed athletics fee” means a fee proposed by the governing body of a student body organization, and imposed or increased pursuant to approval by a vote of a majority of the registered students voting in an election at a campus, branch, or location of the California State University or the University of California, for the purposes of supporting intercollegiate athletics programs at that institution. (Added by Stats. 2010, Ch. 724, Sec. 28. (AB 1610) Effective October 19, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 3.5. Student-Imposed Athletics Fees [66150 - 66152] SECTION 66152. Source version: id_c2aa3a9d-3186-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=3.5.&article= (a) The Trustees of the California State University shall not, and the Regents of the University of California are requested not to, allocate any student-imposed athletics fees that are collected from registered students for purposes of supporting intercollegiate athletics programs for any purpose that is not in amounts that are not approved pursuant to the election approving the fees. (b) At the end of each academic year, the Trustees of the California State University shall, and the Regents of the University of California are requested to, refund to each feepaying student a pro rata share of any portion of the student-imposed athletics fee that is collected and is not allocated for the approved purposes during that academic year. (Amended by Stats. 2011, Ch. 296, Sec. 71. (AB 1023) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66201. Source version: id_fd2a5dd1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= It is the intent of the Legislature that each resident of California who has the capacity and motivation to benefit from higher education should have the opportunity to enroll in an institution of higher education. Once enrolled, each individual should have the opportunity to continue as long and as far as his or her capacity and motivation, as indicated by academic performance and commitment to educational advancement, will lead him or her to meet academic standards and institutional requirements. The Legislature hereby reaffirms the commitment of the State of California to provide an appropriate place in California public higher education for every student who is willing and able to benefit from attendance. (Amended by Stats. 1991, Ch. 1198, Sec. 11.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66201.5. Source version: id_fd2a5dd3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= It is the intent of the Legislature that both the University of California and the California State University shall seek to maintain an undergraduate student population composed of a ratio of lower division to upper division students of 40 to 60 percent. Consistent with Section 66201, it is the intent of the Legislature that the University of California and the California State University reach and maintain this goal by instituting programs and policies that seek to increase the number of transfer students rather than by denying places to eligible freshmen applicants. (Added by Stats. 1991, Ch. 1198, Sec. 12.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66201.7. Source version: id_fd2be475-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= The Regents of the University of California are requested to, and the Trustees of the California State University shall, require each campus in their respective systems to develop a process through which a student admitted to full-time undergraduate status may apply to defer his or her enrollment for up to one academic year. The decision as to whether to grant the deferral of the enrollment may be made, at the discretion of the affected university, on a case-by-case basis. (Added by Stats. 2000, Ch. 355, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66202. Source version: id_fd2be477-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) It is the intent of the Legislature that the following categories be followed, insofar as practicable in the following numerical order, for the purpose of enrollment planning and admission priority practice at the undergraduate resident student level for the California State University and the University of California: (1) Continuing undergraduate students in good standing. (2) California Community College transfer students who have successfully concluded a course of study in an approved transfer agreement program. (3) Other California Community College students who have met all of the requirements for transfer. As stated in legislative findings, the transfer function plays a key role in meeting the state’s goals of educational equity. Therefore, the Board of Regents of the University of California and the Board of Trustees of the California State University shall declare as policy for this paragraph and paragraph (2) of this subdivision that students who are eligible to transfer and who are from historically underrepresented groups or economically disadvantaged families shall be given preference, to the fullest extent possible under state and federal law, statutes, and regulations, in transfer admissions decisions, and shall design policies in conformity with state and federal statutes and regulations intended to facilitate their success in achieving transfer. (4) Other qualified transfer students. (5) California residents entering at the freshman or sophomore levels. (b) It is further the intent of the Legislature that within each of the preceding enrollment categories, the following groups of applicants receive priority consideration in admissions practice in the following order: (1) Residents of California who are recently released veterans of the armed forces of the United States. (2) Transfers from California public community colleges. (3) Applicants who have been previously enrolled at the campus to which they are applying, provided they left this institution in good standing. (4) Applicants who have a degree or credential objective that is not generally offered at other public institutions of higher learning within California. (5) Applicants for whom the distance involved in attending another institution would create financial or other hardships. (c) It is further the intent of the Legislature that those veterans referred to in paragraph (1) of subdivision (b) who were enrolled in good standing at a campus of the University of California or at one of the California State Universities prior to military service receive priority over other veterans recently released from military service. (Amended by Stats. 1991, Ch. 1188, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66202.5. Source version: id_fd2be479-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= The State of California reaffirms its historic commitment to ensure adequate resources to support enrollment growth, within the systemwide academic and individual campus plans to accommodate eligible California freshmen applicants and eligible California Community College transfer students, as specified in Sections 66202 and 66730. The University of California and the California State University are expected to plan that adequate spaces are available to accommodate all California resident students who are eligible and likely to apply to attend an appropriate place within the system. The State of California likewise reaffirms its historic commitment to ensure that resources are provided to make this expansion possible, and shall commit resources to ensure that students from enrollment categories designated in subdivision (a) of Section 66202 are accommodated in a place within the system. In addition, transfer students from paragraphs (2) and (3) of subdivision (a) of Section 66202, shall be accommodated at the campus or major of choice specified in the redirection agreement, the approved transfer program or written agreements, unless these majors have been declared “impacted.” For impacted majors, students shall be given the opportunity to have access to the major when spaces become available, and new freshmen shall be admitted to the major in a controlled manner to ensure that all transfer students described in paragraph (2) of subdivision (a) of Section 66202 have an equitable chance of being accommodated. It is the intent of the Legislature to fund programs designed to accomplish the purposes of this subdivision through appropriations made in the Budget Act to the public institutions of higher education, and the annual Budget shall contain appropriations necessary to accommodate all students from all of the categories designated in subdivision (a) of Section 66202. The segments may, in implementing these enrollment plans and admissions practice priorities, consider the overall needs of students in maintaining a balanced program and a quality curriculum, and are expected to consider the state’s goals of educational equity and racial and ethnic diversity of students and faculty in the planning and management of their admissions practices. It is further the intent of the Legislature that campus enrollment planning processes provide for the equitable treatment of the following: (1) all eligible entering freshmen; (2) continuing students in good standing; and (3) eligible community college transfer students with regard to accommodation in majors. (Amended by Stats. 1995, Ch. 758, Sec. 34. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66203. Source version: id_fd2be47b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= The California State University and the University of California shall keep a record of the applicants denied admission and develop and utilize an information collection system which indicates the number of qualified applicants who could not be accommodated at their campus of first choice and were redirected to campuses of alternate choice and the number of qualified redirected applicants who declined an offer of admission to an alternate campus. (Amended by Stats. 1983, Ch. 143, Sec. 49.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66204. Source version: id_fd2be47d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) The Superintendent of Public Instruction shall assist all school districts to ensure that all public high school pupils have access to a core curriculum that meets the admission requirements of the University of California and the California State University. The Superintendent of Public Instruction shall advise school districts that maintain high schools about the importance of making readily available to each high school pupil the current list of courses offered by the school attended by that pupil that are certified by the University of California as meeting admissions requirements. It is the intent of the Legislature that each public high school shall provide the full precollegiate program, provide adequate course sections in precollegiate programs to accommodate all its pupils, and regularly counsel pupils to enter those programs and courses. There shall be no policy or practice in any public elementary or secondary school of directing, especially for cultural or linguistic reasons, any pupil in kindergarten or any of the grades 1 to 12, inclusive, away from choosing programs that prepare that pupil academically for college. (b) The University of California is requested to assist each school district that maintains a high school in order to ensure all of the following: (1) School districts understand the process by which courses are submitted to the University of California to be reviewed and certified as meeting admission requirement criteria. (2) School districts have an internal process for developing courses and submitting courses for review and certification by the University of California in order to meet admission requirement criteria. (3) School districts maintain accurate lists of courses that are currently offered by the high schools and are certified by the University of California as meeting admission requirement criteria. (4) Updated lists described in paragraph (3) are readily made available by the school districts to each high school pupil and a copy of that list is annually provided to each high school pupil. (c) It is the intent of the Legislature that the public and independent institutions of higher education participate in programs that assist those in elementary and secondary education in meeting their responsibilities in preparing students for college. (Amended by Stats. 2002, Ch. 320, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66205. Source version: id_fd2d6b1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) In determining the standards and criteria for undergraduate and graduate admissions to the University of California and the California State University, it is the intent of the Legislature that the governing boards do all of the following: (1) Develop processes which strive to be fair and are easily understandable. (2) Consider the use of criteria and procedures that allow students to enroll who are otherwise fully eligible and admissible but who have course deficiencies due to circumstances beyond their control, and, when appropriate, provide that the admission requires the student to make up the deficiency. (3) Consult broadly with California’s diverse ethnic and cultural communities. (b) It is the intent of the Legislature that the University of California and the California State University, pursuant to Section 66201.5, seek to enroll a student body that meets high academic standards and reflects the cultural, racial, geographic, economic, and social diversity of California. (Added by Stats. 1991, Ch. 1198, Sec. 14.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66205.5. Source version: id_e67be07c-a949-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) The California State University shall, and the University of California is requested to, on or after October 1, 2025, begin work on all of the following: (1) (A) Establishing a model uniform set of academic standards for high school courses and college-level coursework taken for credit at a California public college or university by pupils simultaneously enrolled in high school, including career technical education courses pursuant to subdivision (i) of Section 51220, for the purposes of recognition for admission to the California State University and to the University of California, respectively. In developing the model academic standards, the faculty of the postsecondary segments may work in consultation with administrators and faculty from schools maintaining kindergarten or any of grades 1 to 12, inclusive. Participating schools that maintain kindergarten or any of grades 1 to 12, inclusive, shall consult with an advisory group that shall include, but need not be limited to, representatives from all of the following: (i) The University of California and the California State University. (ii) Business and industry, related to career technical programs in kindergarten or any of grades 1 to 12, inclusive. (iii) Classroom teachers in career technical education. (iv) School administrators. (v) Parents. (B) It is the intent of the Legislature that the model academic standards provide clarity as to their applicability to a given course to ensure suitability for electronic transmission of coursework to and between California’s public education systems and CaliforniaColleges.edu. (C) It is the intent of the Legislature that high school pupils and individuals enrolled in adult education programs who are also enrolled in transfer-level community college courses for which they receive credit have those courses recognized for admissions purposes by the California State University and University of California. (2) Developing and implementing a speedy process whereby high schools may obtain approval of their courses to satisfy specified admissions requirements of the California State University and the University of California, respectively, by January 1, 2006. The approval process shall, by August 1 of each school year, notify applying schools whether the application for approval has been approved or denied. (3) Developing a simple procedure to evaluate a career technical education course submitted by a high school that identifies it as a duplicate of a course offered by another high school that is approved by and satisfies the admissions criteria of the California State University or the University of California. The procedure shall ensure that a duplicated course shall be approved as satisfying the admissions criteria of the California State University or the University of California, respectively, to the same extent as the original course if the review determines that the course successfully duplicates the content and requirements of the original course. If a course is not approved as a duplicate, the California State University or the University of California shall inform the applicant high school of the reasons why the course was not approved and shall provide the applicant with a specific list of requirements that the course must meet in order to be approved as a duplicate. In the event an applicant high school, whose course was not approved as a duplicate, revises the course and resubmits its application, the California State University or the University of California shall respond as expeditiously as possible so that if the course meets the necessary requirements for approval it may be offered in the next fall term. (4) Taking into consideration any previous work completed or policies adopted regarding matters related to paragraphs (1) to (3), inclusive, by the California State University or the University of California, respectively. (5) Developing guidelines for high school computer science courses that may be approved for the purposes of recognition for admission, as provided in paragraph (1). For computer science courses determined to satisfy mathematics subject area requirements, the University of California is encouraged to ensure that these courses build upon fundamental mathematics content provided in courses that satisfy the requirements of subdivision (b). (6) Posting on its internet website the model uniform set of academic standards for the purpose of recognition for admission to the California State University and the University of California developed pursuant to paragraph (1). (b) It is the intent of the Legislature that the academic standards for a high school course, adopted pursuant to and for purposes outlined in paragraph (1) of subdivision (a), are aligned with the standards developed pursuant to Section 60605.8. (c) The office of the Chancellor of the California Community Colleges shall post on its internet website the model uniform set of academic standards for college-level coursework taken for credit at a California public college or university for the purposes of recognition for admission to the California State University and the University of California developed pursuant to paragraph (1) of subdivision (a). (Amended by Stats. 2025, Ch. 745, Sec. 2. (SB 148) Effective October 13, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66205.6. Source version: id_a56d6873-3179-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) Subject to availability of funds in the annual Budget Act, the availability of federal or private funds, or any combination thereof, the Regents of the University of California are requested to establish and maintain the University of California Curriculum Integration Institute (UCCII) to be administered by the President of the University of California. The Institute shall accomplish all of the following: (1) Facilitate statewide collaboration and innovation among secondary level teachers, faculty, and instructors from various disciplines from the University of California, the California State University, the California Community Colleges, private higher education institutions, and statewide career technical education associations in providing California pupils career-oriented, integrated academic and technical education content in a manner that provides pupils with opportunities to experience the application of subject matter content within high-priority industry sectors among those identified in the California Career Technical Education Model Curriculum Standards as adopted by the state board. (2) Develop, disseminate, and promote career-oriented, integrated academic and technical education courses that meet course requirements for admission to the University of California and the California State University, and align with high-priority industry sectors among those identified in the California Career Technical Education Model Curriculum Standards as adopted by the state board. (b) For purposes of subdivision (a), the President of the University of California shall determine the priority among the industry sectors in consultation with, but not limited to, educators, industry leaders, representatives of organized labor, and appropriate state entities. (c) Notwithstanding any other provision of law, the Regents of the University of California are requested to establish procedures and forms to administer the institute only if the regents, by resolution, make these provisions applicable. (Added by Stats. 2011, Ch. 631, Sec. 2. (SB 611) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66205.7. Source version: id_c8517808-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= The California State University and the University of California are requested to carry out all of the following responsibilities: (a) If the department or another state agency develops a model career technical education curriculum that integrates academic and technical knowledge and skills, designate qualified representatives to offer their expertise in the development and establishment of that curriculum. This model curriculum shall incorporate provisions of the curriculum developed pursuant to subdivision (i) of Section 51220, as appropriate. (b) If a school district or other local educational agency with schools maintaining kindergarten or any of grades 1 to 12, inclusive, offers students an integrated model curriculum developed pursuant to subdivision (a), designate qualified representatives to offer their expertise to teachers and administrators in the delivery of that curriculum. School districts or other local educational agencies are also encouraged to seek the expertise of an advisory group that may include representatives from all of the following: (1) Business and industry, related to career technical programs in kindergarten and grades 1 to 12, inclusive. (2) Classroom teachers in career technical education. (3) School administrators. (4) The California State University and the University of California. (5) Parents. (c) On or before July 1, 2011, develop an online resource that lists the academic and technical courses offered at each of the 109 community colleges in this state that, when completed by high school students, satisfy one of the subject area requirements of the “a-g” admission requirements of the University of California, and link this information to the career technical education Web site pages created in accordance with Section 52499.66. (d) On or before July 1, 2011, develop an online resource that posts the existence and terms of agreements made between local high schools and individual university campuses that grant university credit or advanced standing to students who complete specified high school pathway programs to study, and link this information to the career technical education Web site pages created in accordance with Section 52499.66. (Added by Stats. 2008, Ch. 650, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66205.8. Source version: id_1073a199-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) Notwithstanding any other provision of law, on or before January 1, 2014, the Trustees of the California State University shall develop and implement a procedure for allowing a student to satisfy a general elective course requirement for purposes of admission to the California State University by completing a high school career technical education course that meets either of the following: (1) Criteria adopted pursuant to subdivision (b). (2) Model uniform academic standards for career technical education courses adopted pursuant to Section 66205.5. (b) (1) The Trustees of the California State University, in consultation with the State Department of Education and in accordance with paragraph (2), shall adopt criteria for the purpose of recognizing career technical education courses adopted pursuant to subdivision (i) of Section 51220 that satisfy the completion of general elective course requirements for admission to the university. (2) (A) The criteria shall be based on the model curriculum standards established pursuant to Section 51226 and any additional criteria that faculty members of the California State University identify as necessary to prepare students for success in coursework unique to a specific major or educational program. (B) The criteria shall be developed by faculty members of the California State University and shall be subject to approval by the Academic Senate of the California State University. Upon approval, the academic senate shall recommend the criteria to the trustees. (C) In adopting the criteria, the trustees shall rely primarily on the recommendations and judgment of the academic senate. (c) The trustees shall adopt regulations, based on recommendations of the academic senate, that identify the majors and educational programs for which completion of a career technical education course that meets the criteria adopted pursuant to subdivision (b) satisfies a general elective course requirement. (d) The academic senate shall ensure that the criteria adopted pursuant to subdivision (b) are implemented consistently among all campuses of the university. (e) Notwithstanding any other provision of law, if, by January 1, 2014, the California State University has not developed a procedure for allowing a student to satisfy the completion of a general elective course requirement for the purposes of admission to the university that satisfies the requirements of subdivision (b), the Trustees of the California State University shall recognize the completion of all high school career technical education courses that meet the model curriculum standards established pursuant to Section 51226 as satisfying the completion of a general elective course requirement for the purposes of admission to the university. (f) The costs of activities necessary to implement this section shall be covered, to the extent permitted by federal law, by funds available pursuant to the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (20 U.S.C. Sec. 2301 et seq.), or by other nonstate funds available for the purposes of this section. (Added by Stats. 2009, Ch. 168, Sec. 1. (SB 147) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66205.9. Source version: id_8f965408-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) If, by July 1, 2008, the University of California has not adopted model uniform academic standards for career technical education courses, pursuant to Section 66205.5, that will satisfy the completion of a general elective course requirement for the purposes of admission to that university, the Regents of the University of California are requested to recognize the completion of all high school career technical education courses that meet the model curriculum standards established pursuant to Sections 51226 and 51226.1 as satisfying the completion of a general elective course requirement for the purposes of admission to that university. (b) If the Regents of the University of California adopt standards for career technical education courses pursuant to Section 66205.5, the University of California is requested to make those standards publicly available upon their adoption. (c) If, by July 1, 2008, the California State University has not adopted model uniform academic standards for career technical education courses, pursuant to Section 66205.5, that will satisfy the completion of a general elective course requirement for the purposes of admission to that university, the Trustees of the California State University shall recognize the completion of all high school career technical education courses that meet the model curriculum standards established pursuant to Sections 51226 and 51226.1 as satisfying the completion of a general elective course requirement for the purposes of admission to that university. (d) If the Trustees of the California State University adopt standards for career technical education courses pursuant to Section 66205.5, the California State University shall make those standards publicly available upon their adoption. (e) This section shall not apply to any career technical education courses that, as of January 1, 2007, are approved as satisfying the admissions requirements of the University of California or the California State University. (Added by Stats. 2006, Ch. 669, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66207. Source version: id_fd2d6b23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= The Regents of the University of California are requested to, and the Trustees of the California State University shall, upon the request of an applicant for admission, disclose information regarding the methodology used to adjust an applicant’s grade point average. (Added by Stats. 1998, Ch. 627, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66207.5. Source version: id_a512c4d6-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) (1) On or before December 1, 2026, and each December 1 thereafter, the University of California is requested to post, in a report on a publicly accessible internet website of the University of California, data on students enrolled in a University of California school of medicine. The data is requested to include, but not be limited to, the total number of all of the following: (A) Enrolled students. (B) First-generation students. (C) Federal Pell Grant recipients. (D) Multilingual students. The data described in this subparagraph shall be disaggregated by languages other than English that students speak, and shall highlight how many students speak languages that are underrepresented in California’s physician workforce. (E) Community college transfer students. (F) Students with membership in a California Indian tribe or federally recognized tribe. (2) The information posted in a report pursuant to paragraph (1) is requested to include all of the following information: (A) The total number of applicants to a University of California school of medicine. (B) Contextual data that the University of California deems relevant to the report. (C) A breakdown of both of the following: (i) Postsecondary educational institutions where students received their baccalaureate degrees. (ii) Sexual orientation and gender identity of students, if available. (b) The information posted in a report pursuant to subdivision (a) is requested to be disaggregated by campus. (c) The information posted in a report pursuant to subdivision (a) is requested to be for the academic year in which the report is due. (d) The information posted in a report pursuant to subdivision (a) is requested to be posted in compliance with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g), and is requested to not include any personally identifiable information for any student. (e) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Added by Stats. 2024, Ch. 819, Sec. 2. (AB 2080) Effective January 1, 2025. Repealed as of January 1, 2035, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66208. Source version: id_8f21814e-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) (1) The Regents of the University of California are requested to, and the Trustees of the California State University shall, require each campus in their respective systems to grant students the right to reenroll in their baccalaureate degree program after withdrawing or stopping out, if the student was in good academic standing with the university. (2) The student may be required to pay any outstanding tuition and fees to be eligible for reenrollment under this section. (3) Nothing shall preclude the California State University and the University of California from adopting policies requiring a student to submit transcripts and proof of good academic standing if the student enrolled at another college or university after leaving the respective campus. (b) For purposes of calculating the student’s real graduation time under a graduation initiative, the California State University and the University of California may omit the semesters or years in which the student was not enrolled in any classes from the student’s time to graduation. (c) The California State University and the University of California are encouraged to begin outreach programs to students who left campus without completing their baccalaureate degree program, beginning with students closest to graduation. (Added by Stats. 2022, Ch. 323, Sec. 1. (AB 1796) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4. Admissions [66201 - 66209] SECTION 66209. Source version: id_d1ad1dfe-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.&article= (a) The CSU Direct Admission Program is hereby established. (b) For purposes of this section, the following definitions apply: (1) “California College Guidance Initiative” means the initiative defined in Section 10861 and further authorized pursuant to Section 60900.5. (2) “Chancellor” means the Chancellor of the California State University. (3) “Local educational agency” means a school district, county office of education, or charter school. (4) “Program” means the CSU Direct Admission Program established pursuant to this section. (5) “University participant” means a campus of the California State University that is designated pursuant to paragraph (1) of subdivision (c) to participate in the CSU Direct Admission Program. (c) (1) The chancellor shall designate one or more campuses of the California State University as university participants in the program. (2) It is the intent of the Legislature that the chancellor designate each campus of the California State University with available enrollment capacity to be a university participant. (d) (1) Upon the implementation of transcript-informed pupil accounts for pupils in grades 9 to 12, inclusive, on the CaliforniaColleges.edu platform, the reporting available on the platform shall be used to provide the data required to determine eligibility for the program. (2) A local educational agency that complies with paragraph (3) of subdivision (g) of Section 60900 and offers transcript-informed pupil accounts for pupils in grades 9 to 12, inclusive, on the CaliforniaColleges.edu platform, as specified in paragraph (3) of subdivision (f) of Section 60900, shall participate in the program. (3) Direct admission eligibility shall include, but not be limited to, the coursework completed by the end of grade 11. This shall include on-track completion of A–G courses and a qualifying A–G California State University grade point average. (4) All pupils in grade 12 who are enrolled in a participating local educational agency are hereby designated as applicants to the California State University for the purpose of making direct admissions offers. (e) On or before the opening of the fall semester priority application filing period of each year, the California College Guidance Initiative, on behalf of the California State University, shall transmit a letter of direct admission, under the chancellor’s signature, to each pupil enrolled in a participating local educational agency who satisfies the eligibility requirements described in paragraph (3) of subdivision (d) that notifies the pupil that they have been directly admitted. The letter shall describe the enrollment procedures the pupil needs to complete in order to successfully enroll. (f) Upon accepting an offer of admission to one of the university participants pursuant to this section, a pupil shall complete the necessary procedures to enroll at the university participant. (Added by Stats. 2025, Ch. 421, Sec. 1. (SB 640) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.1. Emergency Evacuation Plans for Postsecondary Student Housing [66210- 66210.] SECTION 66210. Source version: id_8cf021ab-2bb1-11e3-986d-eec746dc55f1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.1.&article= (a) The Office of Emergency Services shall develop guidelines for campuses of the University of California and the California State University to use in developing emergency evacuation plans for all forms of student housing owned, operated, and offered by the university, both on campus and off campus. In developing the guidelines, the Office of Emergency Services shall consider Sections 3.09 and 3.13 of Title 19 of the California Code of Regulations. The guidelines shall address all of the following issues: (1) Plan content. The plans should include, but need not be limited to, the following: (A) Specific evacuation routes that recognize the needs of persons with special needs, such as persons with disabilities. (B) The designation of a meeting place or places upon evacuation. (C) The education of students and staff in emergency procedures. (2) The implementation and maintenance of the evacuation plan by the director of student housing, or other appropriate officer, at the individual campuses. The director, or other appropriate officer, is responsible for scheduling periodic tests of the plan and implementing changes as needed. (b) Each campus of the University of California and the California State University shall establish an emergency evacuation plan for its postsecondary student housing and may consult with the Office of Emergency Services for guidance in developing and establishing the plan. (Amended by Stats. 2013, Ch. 352, Sec. 75. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.2. Student Housing Plans [66220- 66220.] SECTION 66220. Source version: id_d2a6b2c9-5918-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.2.&article= (a) The Legislature finds and declares that in order to close the degree gap by 2030, an estimated 251,000 additional degree completions at the University of California and 481,000 additional degree completions at the California State University will be required above the current projected degree completions. (b) (1) On or before July 1, 2022, the Office of the Chancellor of the California State University shall, and the Office of the President of the University of California is requested to, do both of the following: (A) Conduct a needs assessment to determine the projected student housing needs, by campus, for the 2022–23 fiscal year to the 2026–27 fiscal year, inclusive, taking into account the projected enrollment growth and the goal of closing the degree gap. (B) Create a student housing plan, with a focus on affordable student housing, that outlines how they will meet the projected student housing needs, by campus, identified pursuant to subparagraph (A). The student housing plan shall include the specific actions to be taken for the 2022–23 fiscal year to the 2026–27 fiscal year, inclusive. (2) Every three years after July 1, 2022, the Office of the Chancellor of the California State University shall, and the Office of the President of the University of California is requested to, review and update the student housing plan described in subparagraph (B) of paragraph (1), and include the specific actions to be taken in the next five fiscal years. (c) For purposes of this section, “degree gap” means the gap between the number of highly educated workers that California’s future economy will need and the number the state is on pace to produce. (Added by Stats. 2021, Ch. 571, Sec. 1. (AB 1377) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.3. Veteran and California National Guard Supplemental Orientation Act of 2023 [66225 - 66226] SECTION 66225. Source version: id_28b17263-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.3.&article= This chapter shall be known, and may be cited, as the Veteran and California National Guard Supplemental Orientation Act of 2023. (Added by Stats. 2023, Ch. 801, Sec. 1. (AB 322) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.3. Veteran and California National Guard Supplemental Orientation Act of 2023 [66225 - 66226] SECTION 66226. Source version: id_28b17265-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.3.&article= (a) Commencing no later than the 2025–26 academic year, each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, include within first-year student and transfer student orientations the location and contact information of the campus point of contact for students who are veterans of the Armed Forces of the United States and members of the California State Guard and the California National Guard, and their dependents. (b) Commencing no later than the 2025–26 academic year, each campus point of contact described in subdivision (a) at the California State University and the California Community Colleges shall, and each campus point of contact described in subdivision (a) at the University of California is requested to, develop a document that includes, at a minimum, information on polices, resources, and services, including, but not limited to, counseling, for students described in subdivision (a) and their dependents. (c) Commencing no later than the 2025–26 academic year, each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, make the document described in subdivision (b) available in hard copy form at the location of the campus point of contact described in subdivision (a), and post the document, along with other information available to students described in subdivision (a) and their dependents, on the campus’s internet website. (Added by Stats. 2023, Ch. 801, Sec. 1. (AB 322) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 1. Title and Declaration of Purpose [66250 - 66252] SECTION 66250. Source version: id_036fb364-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=1. This chapter shall be known, and may be cited, as the Equity in Higher Education Act. (Amended by Stats. 2007, Ch. 569, Sec. 34. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 1. Title and Declaration of Purpose [66250 - 66252] SECTION 66251. Source version: id_e05e0445-fce8-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=1. It is the policy of the State of California to afford all persons, regardless of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, equal rights and opportunities in the postsecondary educational institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies for the commission of those prohibited acts. (Amended by Stats. 2018, Ch. 779, Sec. 1. (SB 183) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 1. Title and Declaration of Purpose [66250 - 66252] SECTION 66252. Source version: id_2c760204-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=1. (a) All students have the right to participate fully in the educational process, free from discrimination and harassment. Existing law, pursuant to Section 66270, provides that no person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any characteristic listed or defined in Section 11135 of the Government Code, or any other characteristic that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, in any program or activity conducted by any postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. (b) California’s postsecondary educational institutions have an affirmative obligation to combat discrimination on the basis of disability, gender, gender identity, gender expression, nationality or national identity, race or ethnicity, religion, sexual orientation, or any characteristic listed or defined in Section 11135 of the Government Code, or any other characteristic that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, and a responsibility to provide equal educational opportunity. (c) Harassment directed at an individual on the basis of actual or perceived characteristics or status may create a hostile environment and jeopardizes equal educational opportunity as guaranteed by the California Constitution and the United States Constitution. (d) There is an urgent need to prevent and respond to acts of discrimination on the basis of disability, gender, gender identity, gender expression, nationality or national identity, race or ethnicity, religion, sexual orientation, or any characteristic listed or defined in Section 11135 of the Government Code, or any other characteristic that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, that are occurring at an increasing rate in California’s postsecondary educational institutions. (e) There is an urgent need to teach and inform students about their rights, as guaranteed by the federal and state constitutions, in order to increase students’ awareness and understanding of their rights and the rights of others, with the intention of promoting tolerance and sensitivity in postsecondary educational institutions and in society as a means of responding to potential harassment and violence caused by discrimination. (f) It is the intent of the Legislature that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on campus and, within constitutional bounds, to minimize and eliminate a hostile environment on campus that impairs the access of students to equal educational opportunity. (g) It is the intent of the Legislature that each postsecondary educational institution undertake supportive measures to help students who have encountered harassing or discriminatory incidents, regardless of the location of the harassing or discriminatory incident, to ensure students’ access to equal educational opportunities. (h) It is the intent of the Legislature that each postsecondary educational institution address all forms of bias as part of their affirmative obligation to address discrimination on campus. (i) It is the intent of the Legislature that this chapter shall be interpreted as consistent with Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d, et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Equal Educational Opportunities Act (20 U.S.C. Sec. 1701, et seq.), the Unruh Civil Rights Act (Section 51 of the Civil Code), and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), except where this chapter may grant more protections or impose additional obligations, and that the remedies provided in this chapter shall not be the exclusive remedies, but may be combined with remedies that may be provided by the above statutes. (Amended by Stats. 2024, Ch. 844, Sec. 1. (AB 2925) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66260. Source version: id_fd307875-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. The definitions in this article shall govern the use of the terms defined for purposes of this chapter. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66260.5. Source version: id_040f75d8-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Disability” includes mental and physical disability as defined in Section 12926 of the Government Code. (Added by Stats. 2007, Ch. 569, Sec. 36. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66260.6. Source version: id_1f094297-fce9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status,” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. (Amended by Stats. 2018, Ch. 779, Sec. 2. (SB 183) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66260.7. Source version: id_16b34965-3187-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth. (Amended by Stats. 2011, Ch. 719, Sec. 10. (AB 887) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66261. Source version: id_fd307877-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Governing board” means the governing board of a community college. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66261.3. Source version: id_366ef4b6-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Nationality” or “national identity” includes a person’s actual or perceived shared ancestry or ethnic characteristics, citizenship, or residency in a country with a dominant religion or distinct religious identity. Discrimination against Jewish, Muslim, Sikh, Hindu, Christian, or Buddhist students, or students of another religious group, when the discrimination involves racial, ethnic, or ancestral slurs or stereotypes, constitutes discrimination on the basis of nationality or national identity. (Amended by Stats. 2024, Ch. 844, Sec. 2. (AB 2925) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66261.5. Source version: id_80b052d8-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Postsecondary educational institution” means a public or private institution of vocational, professional, or postsecondary education; the governing board of a community college district; the Regents of the University of California; or the Trustees of the California State University. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66261.7. Source version: id_0500658e-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Race or ethnicity” includes ancestry, color, ethnic group identification, and ethnic background. (Added by Stats. 2007, Ch. 569, Sec. 39. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66262. Source version: id_4078fe68-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism. “Discrimination on the basis of religion” includes, but is not limited to, anti-Semitism and Islamophobia. (Amended by Stats. 2024, Ch. 844, Sec. 3. (AB 2925) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66262.5. Source version: id_a707146c-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. (a) (1) “Sexual harassment” has the same meaning as defined in Section 212.5 and includes sexual battery, sexual violence, and sexual exploitation. (2) Sexual harassment of students is a form of sex discrimination prohibited by Section 66270. (b) For purposes of this chapter, the following terms have the following meanings: (1) “Sexual violence” means physical sexual acts perpetrated against a person without the person’s affirmative consent, as defined in paragraph (1) of subdivision (a) of Section 67386. Physical sexual acts include both of the following: (A) Rape, defined as penetration, no matter how slight, of the vagina or anus with any part or object, or oral copulation of a sex organ by another person, without the consent of the victim. (B) Sexual battery, as defined in paragraph (2). (2) “Sexual battery” means the intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without consent. (3) “Sexual exploitation” means a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts: (A) The prostituting of another person. (B) The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion. (C) The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent. (D) The distribution of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure. (E) The viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire. (Amended by Stats. 2020, Ch. 303, Sec. 2. (SB 493) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66262.7. Source version: id_4a5bf81a-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “Sexual orientation” means a person’s physical, emotional, and romantic attraction to other people. “Sexual orientation” includes, but is not limited to, heterosexuality, homosexuality, bisexuality, asexuality, and pansexuality. (Amended by Stats. 2024, Ch. 490, Sec. 1. (SB 1491) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66263. Source version: id_fd31ff1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “State financial assistance” has the same meaning as defined in Section 213. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 2. Definitions [66260 - 66264] SECTION 66264. Source version: id_fd31ff21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=2. “State student financial aid” has the same meaning as defined in Section 214. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3. Prohibition of Discrimination [66268 - 66271.1] SECTION 66268. Source version: id_abba69a8-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their race, color, or national origin, should enjoy freedom from discrimination of any kind, including harassment based on a person’s actual or perceived shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion, as described in Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d, et seq.), in the postsecondary educational institutions of the state. (b) (1) The California Community Colleges, the California State University, independent institutions of higher education that receive state financial assistance, and private postsecondary educational institutions that receive state financial assistance shall, and the University of California is requested to, include training to address discrimination against the five most targeted groups in the state, as determined pursuant to paragraph (2), as part of any general antidiscrimination training or diversity, equity, and inclusion training that is offered by the institution, except any trainings targeted to solely address discrimination based on specific groups, including, but not limited to, age, disability, or sexual orientation. (2) To determine the five most targeted groups in the state, postsecondary educational institutions shall refer to the subcategory bias motivations with the highest number of events, as provided in Table 1 of the annual “Hate Crime in California” publication by the Attorney General, which reports hate crime data required to be submitted to the Attorney General by law enforcement agencies pursuant to Section 13023 of the Penal Code. (c) The training required pursuant to subdivision (b) shall not be incorporated into the sexual violence and sexual harassment prevention training required pursuant to Section 67385.7. (d) This section does not preclude the trainings required pursuant to subdivision (b) from incorporating discrimination against groups that are not listed in the five most targeted groups in the state. Trainings offered pursuant to subdivision (b) are encouraged to promptly address incidents of discrimination against one or more particular groups on the respective campus, especially groups that historically underreport incidents, even if they are not among the five most targeted groups in the state. (e) It is the intent of the Legislature that all general antidiscrimination trainings and diversity, equity, and inclusion trainings address the complex and cumulative way in which the effects of multiple forms of discrimination combine, overlap, or intersect, especially in the experiences of marginalized individuals or groups. (Added by Stats. 2024, Ch. 844, Sec. 4. (AB 2925) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3. Prohibition of Discrimination [66268 - 66271.1] SECTION 66270. Source version: id_5aa93cb9-fce9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3. No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any characteristic listed or defined in Section 11135 of the Government Code or any other characteristic that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, including immigration status, in any program or activity conducted by any postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. (Amended by Stats. 2018, Ch. 779, Sec. 3. (SB 183) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3. Prohibition of Discrimination [66268 - 66271.1] SECTION 66270.3. Source version: id_b9a62d89-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3. Nothing in this chapter shall be construed to require a postsecondary institution to offer admission or student financial aid to a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subdivision (a) of Section 1101 of Title 8 of the United States Code, as that paragraph exists on January 1, 2019. However, students granted status pursuant to subparagraphs (T) or (U) of paragraph (15), as specified, shall not be subjected to discrimination in admission or financial aid on the basis of immigration status. Nothing in this chapter shall be construed to change a student’s eligibility for state financial aid. (Amended by Stats. 2021, Ch. 296, Sec. 20. (AB 1096) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3. Prohibition of Discrimination [66268 - 66271.1] SECTION 66270.7. Source version: id_59621ae4-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3. (a) As used in this section “hostile environment” means unwelcomed conduct based on a person’s actual or perceived race, color, ethnicity, national origin, religion, or disability status, that based on the totality of circumstances, is subjectively and objectively offensive, and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from a campus’s education program or activity. (b) The Trustees of the California State University and the Regents of the University of California have the primary responsibility to prevent and address conduct that either creates a hostile environment for students on campus, or results in differential treatment of students on campus based on a student’s actual or perceived race, color, ethnicity, national origin, religion, or disability status. (c) The Trustees of the California State University shall do all of the following: (1) Adopt rules and procedures in the student codes of conduct to provide all of the following elements: (A) Prohibit violent, harassing, intimidating, or discriminatory conduct that creates a hostile environment on campus. (B) Prohibit conduct that limits or denies a person’s ability to participate in or benefit from the free exchange of ideas or the educational mission of the California State University. (C) Establish reasonable content-neutral time, place, and manner restrictions, and, if applicable, any advance permitting requirements for protests on campus. (2) Adopt rules and procedures to take reasonable steps to respond to each incident described in subparagraphs (A) and (B) of paragraph (1) that creates a hostile environment on campus. (3) Require each campus to publish on the campus’s internet website the time, place, and manner restrictions, and any advance permitting requirements for protests on campus. (4) Develop mandatory training programs to educate students on all of the following: (A) What constitutes violent, harassing, intimidating, or discriminatory conduct that creates a hostile environment on campus, and the procedures for investigating violations of the student code of conduct. (B) When and where protests and gatherings may be held, including the difference between public fora, limited public fora, nonpublic fora, and private property, consistent with the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution. (C) How to exchange views in an atmosphere of mutual respect and civility. (5) Require, as a condition of enrollment at a California State University campus, each student attending the campus to acknowledge the campus’s student code of conduct. (d) The Trustees of the California State University and each California State University campus shall ensure that any policy adopted or enforced pursuant to this section, as applicable, is consistent with the First Amendment to the United States Constitution, Section 2 of Article I of the California Constitution, and Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 2000d et seq.). (e) (1) On or before January 2, 2025, and annually thereafter, the Trustees of the California State University shall submit a report to the Legislature on the implementation and administration of this section. This report shall include information on student code of conduct violations relating to incidents described in subparagraphs (A) and (B) of paragraph (1) of subdivision (c). (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (f) The University of California is requested to comply with this section. (g) This section is intended to be interpreted consistent with the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution. (h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2025, Ch. 67, Sec. 62. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3. Prohibition of Discrimination [66268 - 66271.1] SECTION 66271. Source version: id_069116b8-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3. This chapter shall not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization. (Added by renumbering Section 66270.5 by Stats. 2007, Ch. 569, Sec. 45. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3. Prohibition of Discrimination [66268 - 66271.1] SECTION 66271.1. Source version: id_fd31ff29-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3. The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California may, adopt regulations as required by law to implement this chapter. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3.5. Sexual Orientation and Gender Identity Equity in Higher Education [66271.2 - 66271.41] SECTION 66271.2. Source version: id_5482ffac-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3.5. (a) The Trustees of the California State University and the governing board of each community college district shall designate an employee at each of their respective campuses as a point of contact for the needs of lesbian, gay, bisexual, asexual, pansexual, transgender, gender-nonconforming, intersex, and two-spirit faculty, staff, and students at the respective campus. At a minimum, the name and contact information of that designated employee shall be published on the internet website for the respective campus, and shall be included in any printed and online campus directories. (b) An employee designated as a campus point of contact pursuant to subdivision (a) shall not be considered a responsible employee for purposes of Section 66281.8. An employee designated as a campus point of contact pursuant to subdivision (a) shall not disclose confidential information provided to them by faculty, staff, or students about any alleged act of sexual harassment, sexual violence, or discrimination without the prior written consent of the person who provided the information to the designated employee. (c) (1) Notice provided to an employee designated as a campus point of contact pursuant to subdivision (a), or a service provided by the designated employee, pursuant to this section regarding an alleged act of sexual harassment, sexual violence, or discrimination, shall not be construed as actual or constructive notice to the public postsecondary educational institution of that alleged act for purposes of investigations under Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.). (2) Paragraph (1) shall only be construed in a manner that is consistent with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.). (d) The University of California is requested to comply with this section. This section shall apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make it applicable. (Amended by Stats. 2024, Ch. 490, Sec. 2. (SB 1491) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3.5. Sexual Orientation and Gender Identity Equity in Higher Education [66271.2 - 66271.41] SECTION 66271.3. Source version: id_ae46c121-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3.5. The Legislative Analyst is encouraged to conduct an assessment of the California Community Colleges, California State University, and University of California systems with respect to the quality of life at those campuses for lesbian, gay, bisexual, and transgender faculty, staff, and students at the campuses of each of those institutions. If an assessment is performed, the Legislative Analyst is encouraged to use existing data provided pursuant to Section 66027 and other information available to the general public, and shall not be required to conduct new data collection or research specifically to contribute toward any assessment. The Legislative Analyst shall make recommendations to each of those institutions based on that assessment, and shall publish a summary of the recommendations developed pursuant to this section on its Internet Web site. The California Community Colleges, the California State University, and the University of California are encouraged to share existing data or research, but are not required to conduct new data collection or research specifically to contribute toward any assessment managed by the Legislative Analyst pursuant to this section. (Added by Stats. 2011, Ch. 637, Sec. 5. (AB 620) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3.5. Sexual Orientation and Gender Identity Equity in Higher Education [66271.2 - 66271.41] SECTION 66271.4. Source version: id_e8f5b935-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3.5. (a) For purposes of this section, “public postsecondary educational institution” or “institution” means a campus of the University of California, the California State University, or the California Community Colleges. (b) (1) If a public postsecondary educational institution receives government-issued documentation, as described in subdivision (c), from a former student demonstrating that the former student’s legal name or gender has been changed, the institution shall update the former student’s records to include the updated legal name or gender. If requested by the former student, the institution shall reissue any documents conferred upon the former student with the former student’s updated legal name or gender. Documents that shall be reissued by the institution upon request include, but are not necessarily limited to, a diploma conferred by the institution. (2) An institution shall not charge a higher fee for correcting, updating, or reissuing a document based on a legal name or gender change than the fee it charges for correcting, updating, or reissuing that document generally. (3) Notwithstanding any other law in conflict with this paragraph, except Section 67400, an institution may use a student’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise shall identify the student in accordance with the student’s gender identity and affirmed name. (c) The documentation of a former student sufficient to demonstrate a legal name or gender change includes, but is not necessarily limited to, any of the following: (1) State-issued driver’s license or identification card. (2) Birth certificate. (3) Passport. (4) Social security card. (5) Court order indicating a name change or a gender change, or both. (d) This section does not require the institution to modify records that the former student has not requested for modification or reissuance. (e) Commencing with the 2023–24 graduating class, an institution shall provide an option for a graduating student to request that the diploma to be conferred by the institution list the student’s chosen name. Commencing with the 2023–24 graduating class, an institution shall not require a graduating student to provide legal documentation sufficient to demonstrate a legal name or gender change in order to have the student’s chosen name be the sole name listed on the student’s diploma. (Amended by Stats. 2023, Ch. 222, Sec. 1. (AB 760) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 3.5. Sexual Orientation and Gender Identity Equity in Higher Education [66271.2 - 66271.41] SECTION 66271.41. Source version: id_f22f0567-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=3.5. (a) The governing board of each community college district and the Trustees of the California State University shall, and the Regents of the University of California are requested to, implement a system by which current students, staff, and faculty can declare an affirmed name, gender, or both name and gender identification to be used in their records where legal names are not required by law. (b) Upon the request of an individual, a community college campus and a California State University campus shall, and a University of California campus is requested to, update any records for current students, staff, and faculty to include the affirmed name, gender, or both name and gender identification. The records that shall be updated include, but are not limited to, all of the following: (1) School-issued email addresses. (2) Campus identification cards. (3) Class rosters. (4) Unofficial and official transcripts. (5) Diplomas, consistent with subdivision (e) of Section 66271.4, certificates of completion of courses, or similar records. (c) (1) Commencing with the 2023–24 academic year, community college campus systems shall be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification. (2) Commencing with the 2024–25 academic year, California State University campus systems shall, and University of California campus systems are requested to, be fully capable of allowing current students, staff, or faculty to declare an affirmed name, gender, or both name and gender identification. (d) A community college campus and a California State University campus shall not, and a University of California campus is requested to not, charge a higher fee for correcting, updating, or reissuing a document or record based on the declaration of an affirmed name or gender identification than the fee it charges for correcting, updating, or reissuing that document or record generally. (e) Notwithstanding any other law in conflict with this subdivision, except Section 67400, a public postsecondary educational institution may use an individual’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise shall identify the individual in accordance with the individual’s gender identity and affirmed name. (Amended by Stats. 2023, Ch. 222, Sec. 2. (AB 760) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66271.5. Source version: id_fd3385cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. The provisions of this article are supplemental to any provision in the Constitution or laws of the United States or laws of the State of California, relating to discrimination. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66271.6. Source version: id_2b05d32e-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. The Legislature finds and declares all of the following: (a) On June 23, 1972, Congress enacted Title IX of the Education Amendments of 1972 to the 1964 Civil Rights Act. This landmark legislation provides that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.” (b) While Title IX applies to all aspects of educational opportunities, it is well-known for opening the door to athletics for girls and women. (c) In 1975, the United States Department of Health, Education and Welfare enacted regulations requiring that secondary and postsecondary schools comply with Title IX immediately. Those that could show real barriers to immediate compliance had just three years to meet the regulations, including equalizing their athletic programs. (d) California state law has included several athletic equity provisions similar to those in Title IX since 1976. For example, the Sex Equity in Education Act provides, in subdivision (a) of Section 221.7, that: “It is the intent of the Legislature that opportunities for participation in athletics be provided equally to male and female pupils.” Similar provisions are expressly applicable to community colleges and the California State University. (e) Enhancing athletic opportunities for young women and girls is vitally important because of the significant benefits athletic opportunities provide including greater academic success, better physical and psychological health, responsible social behaviors, and enhanced interpersonal skills. For some women and girls, the financial support made available through athletic scholarships can make it possible to attend college. (f) Title IX has promoted significant advances for women and girls to participate in sports. While fewer than 32,000 women participated in college sports nationally prior to the enactment of Title IX, today approximately 163,000 women participate—a nearly five fold—or more than 400 percent increase. Athletic opportunities for girls at the high school level nationally have grown even more dramatically—from 294,000 in 1972 to 2,800,000 today—an 894 percent increase. California boasts the second highest number of high school girls participating in athletics nationwide—a total of 270,000 girls in California’s high schools now participate in interscholastic athletics. (g) Men’s intercollegiate athletic participation has also increased, rising from approximately 220,000 in 1981–82 to approximately 232,000 in 1998–99. Between 1981–82 and 1998–99, football participation increased by 7,199; men’s participation in baseball, lacrosse, and soccer also increased during the same time period. High school boys’ participation rates have also increased—jumping 8.2 percent in the last three years in California. (h) The dramatic increases in participation rates at both the high school and college levels since Title IX was passed show that when doors are opened to women and girls, they will rush through. Courts have repeatedly recognized that it is unfounded and unlawful to claim that women and girls are less interested in sports than men and boys. As one court stated, “interest and ability rarely develop in a vacuum; they evolve as a function of opportunity and experience . . .” (Cohen v. Brown University (1st Cir. 1996) 101 F.3d 155, 179). Accordingly, courts have repeatedly rejected arguments that the assessed interest level of girls in athletics should determine Title IX compliance (Neal v. California State University (9th Cir. 1999) 198 F.3d. 763, 767). Thus, interest surveys cannot accurately determine whether an educational institution has effectively accommodated the interests and abilities of female students. (i) The United States Department of Education uses a three-part test adopted in 1979 to determine whether an educational institution has met the key Title IX requirement that a school “effectively accommodate the interests and abilities of members of both sexes” when it comes to athletic participation. All three prongs of the test have been used successfully by schools to comply with Title IX, and have given schools flexibility in structuring their athletic programs. The three-part test neither imposes quotas or requires preferential treatment, nor requires mirror-image men’s and women’s sports programs. The lawfulness of the three-part test has been affirmed by every federal appellate court to consider the issue. (j) Despite major advances in athletic opportunities for females since 1972, discrimination still limits athletic opportunities for girls and women at all educational levels today. For example, although women in Division I colleges are 53 percent of the student body, they receive only 41 percent of the opportunities to play sports, 36 percent of the overall athletic operating budgets, and 32 percent of the dollars spent to recruit new athletes. (k) In California, the percentage of female athletes at California State University (CSU) campuses actually declined from 36 percent in 1977 to 30 percent in 1990. In 1993, California National Organization for Women (Cal NOW) filed suit against the CSU system alleging violations of California’s gender equity in athletics law. Ultimately, CSU and Cal NOW entered into a consent decree focusing on participation, expenditures, and grants-in-aid for women athletes. As a result of the consent decree, women now comprise over 52 percent of CSU athletes, expenditures on women’s sports have increased 315 percent in the last 10 years and grants-in-aid for female athletes have increased 232 percent during the same time period. (l) Despite major gains for women under California and federal law, inequities in the treatment of men’s and women’s and boys’ and girls’ athletic teams at some educational institutions remain. These inequities include, but are not limited to, all of the following: (1) Participation rates for women and girls. (2) Number of sports offered. (3) Number of levels of teams. (4) Encouragement by spirit and band groups. (5) Facilities. (6) Locker rooms. (7) Scheduling of games and practice times. (8) Level of financial support by the district, school, booster club or clubs, and outside sponsors. (9) Treatment of coaches. (10) Opportunities to receive coaching and academic tutors. (11) Travel and per diem allowance. (12) Medical and training facilities and services. (13) Housing and dining facilities and services. (14) Scholarship money. (15) Publicity. (m) Educational institutions at all levels are strongly encouraged to take immediate active steps toward full compliance with Title IX and California’s gender equity in athletics laws by reviewing all aspects of their athletic program, including those factors listed in subdivision (l) where appropriate, to ensure that they are offering male and female student athletes equivalent opportunities to play sports and that they are treating male and female athletes fairly. The need to encourage and increase athletic participation by girls and women is especially strong at educational institutions serving inner-city and urban communities. Full compliance with Title IX is nondiscretionary. (Added by Stats. 2003, Ch. 660, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66271.7. Source version: id_fd3385d1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) It is the policy of the state that community college classes and courses, including nonacademic and elective classes and courses, shall be conducted without regard to the sex of the student enrolled in these classes and courses. (b) No community college district shall prohibit any student from enrolling in any class or course on the basis of the sex of the student. (c) No community college district shall require students of one sex to enroll in a particular class or course, unless the same class or course is also required of students of the opposite sex. (d) No school counselor, teacher, instructor, administrator, or aide shall, on the basis of the sex of a student, offer vocational or school program guidance to students of one sex which is different from that offered to students of the opposite sex or, in counseling students, differentiate career, vocational or higher education opportunities on the basis of the sex of the student counseled. Any school personnel acting in a career counseling or course selection capacity to any pupil shall affirmatively explore with the pupil the possibility of careers, or courses leading to careers, that are nontraditional for that pupil’s sex. (e) Participation in a particular physical education activity or sport, if required of students of one sex, shall be available to students of each sex. (Amended by Stats. 2003, Ch. 660, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66271.8. Source version: id_50ec3fb8-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) The Legislature finds and declares that female students should be accorded opportunities for participation in public postsecondary educational institution athletic programs equivalent to those accorded male students. (b) In apportioning public funds, public postsecondary educational institutions shall apportion amounts available for athletics to ensure that equitable amounts will be allocated for all students, except that allowances may be made for differences in the costs of various athletic programs. Notwithstanding any other provision of law, no public funds shall be used in connection with any athletic program conducted under the auspices of a public postsecondary educational institution, or any student organization within the postsecondary educational institution, that does not provide equivalent opportunity to both sexes for participation and use of facilities. The factors considered when determining whether an educational institution has provided equivalent opportunity include, but are not limited to, all of the following: (1) Whether the selection of sports and levels of competition offered effectively accommodate the athletic interests and abilities of members of both sexes. (2) The provision of equipment and supplies. (3) Scheduling of games and practice times. (4) Selection of the season for a sport. (5) Location of the games and practices. (6) Compensation for coaches. (7) Travel arrangements. (8) Per diem. (9) Locker rooms. (10) Practice and competitive facilities. (11) Medical services. (12) Housing facilities. (13) Dining facilities. (14) Scholarships. (15) Publicity. (c) Whether a postsecondary educational institution has effectively accommodated the athletic interests and abilities of members of both sexes shall be assessed in any one of the following ways: (1) Whether intercollegiate level participation opportunities for male and female students are provided in numbers substantially proportionate to their respective enrollments. (2) Where the members of one sex have been and are underrepresented among intercollegiate athletes, whether the institution can show a history and continuing practice of program expansion that is demonstrably responsive to the developing interest and abilities of the members of that sex. (3) Where the members of one sex are underrepresented among intercollegiate athletes, and the institution cannot show a history and continuing practice of program expansion as required in paragraph (2), whether the institution can demonstrate that the interests and abilities of the members of that sex have been fully and effectively accommodated by the present program. (d) Nothing in this section shall be construed to invalidate any existing consent decree or any other settlement agreement entered into by an educational institution to address gender equity in athletic programs. (e) Nothing in this section shall be construed to require a public postsecondary educational institution to require competition between male and female students in school-sponsored athletic programs. (f) If an educational institution must cut its athletic budget, the educational institution shall do so consistently with its legal obligation to comply with both state and federal gender equity laws. (g) It is the intent of the Legislature that the three-part test articulated in subdivision (c) be interpreted as it has been in the policies and regulations of the Office of Civil Rights in effect on January 1, 2003. (Amended by Stats. 2004, Ch. 183, Sec. 81. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66271.9. Source version: id_25eb064f-fcc0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) The California Community Colleges and the California State University shall, and a satellite campus of these systems and the University of California are encouraged to, provide reasonable accommodations on their respective campuses for a lactating student to express breast milk, breast-feed an infant child, or address other needs related to breast-feeding. Reasonable accommodations under this section include, but are not limited to, all of the following: (1) Access to a private and secure room, other than a restroom, to express breast milk or breast-feed an infant child. The room shall have a comfortable place to sit and have a table or shelf to place equipment described in paragraph (3). (2) Permission to bring onto a college or university campus a breast pump and any other equipment used to express breast milk. (3) Access to a power source for a breast pump or any other equipment used to express breast milk. (b) Lactating students on a college or university campus shall be provided a reasonable amount of time to accommodate their need to express breast milk or breast-feed an infant child. (c) A campus of the California Community Colleges or the California State University may use an existing facility to meet the requirements specified in subdivision (a). (d) Students shall not incur an academic penalty as a result of their use of the reasonable accommodations specified in this section, and shall be provided the opportunity to make up any work missed due to such use. (e) Upon the construction of a new campus of the California Community Colleges or the California State University, the replacement, expansion, or renovation costing five million dollars ($5,000,000) or more involving plumbing of an existing building regularly used by students, including a student center, or the construction of a new building costing five million dollars ($5,000,000) or more designed for use by students, the respective educational institution shall provide a sink in addition to the accommodations described in subdivision (a) in a room in the newly constructed campus or building, or in a room in the replaced, expanded, or renovated building. This subdivision only applies to an educational institution if the campus room currently designated for a lactating student to express breast milk or breast-feed an infant child does not have a sink. (f) This section does not require an existing room designated for a lactating student to express breast milk or breast-feed an infant child to have a sink. (g) The lactation accommodation shall be available to a student whenever a student is required to be present on campus. (h) (1) A complaint of noncompliance with the requirements of this section may be filed consistent with Subchapter 5 (commencing with Section 59300) of Chapter 10 of Division 6 of Title 5 of the California Code of Regulations. If the complaint is found to have merit, the campus or appropriate appellate body shall provide a remedy to the affected student. (2) A complaint of noncompliance with the requirements of this section may be filed consistent with the procedures established by the California State University for complaints by students of discrimination based on disability, gender, or other applicable characteristics, and a student shall be afforded any remedies the student is entitled to pursuant to those procedures. (i) This section does not infringe on any right to breast-feed in public pursuant to Section 43.3 of the Civil Code or any other law. (j) The requirements in this section shall be implemented by the California Community Colleges and the California State University, and the University of California is urged to implement the requirements in this section, no later than January 1, 2020. (Added by Stats. 2018, Ch. 947, Sec. 2. (AB 2785) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66272. Source version: id_fd350c75-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. This article shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine. (Added by renumbering Section 222 by Stats. 1998, Ch. 914, Sec. 19. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66273. Source version: id_fd350c77-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. This article shall not apply to the membership practices of a social fraternity or social sorority, exempt from taxation under subdivision (a) of Section 501 of the federal Internal Revenue Code of 1954, whose active membership consists primarily of students in attendance at a postsecondary educational institution. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66276. Source version: id_fd369319-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. This article shall not apply to any scholarship or other financial assistance awarded by a postsecondary educational institution to any individual upon the basis of a combination of factors related to the individual’s personal appearance, poise, and talent as an award in any pageant in which participation is limited exclusively to individuals of one sex, provided that the pageant complies with other nondiscrimination provisions of state and federal law. (Added by renumbering Section 226 by Stats. 1998, Ch. 914, Sec. 22. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66277. Source version: id_fd36931b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. In regard to admissions to educational institutions, this article shall apply only to institutions of vocational, professional, or postgraduate education, and to public postsecondary education institutions. (Added by renumbering Section 227 by Stats. 1998, Ch. 914, Sec. 23. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66278. Source version: id_fd36931d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. In regard to admissions to educational institutions, this article shall not apply to any public institution of undergraduate higher education which traditionally and continually from its establishment has had a policy of admitting only students of one sex. (Added by renumbering Section 228 by Stats. 1998, Ch. 914, Sec. 24. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66279. Source version: id_c17e9e0c-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) (1) Notwithstanding any other law, and in furtherance of complying with Section 66270, each campus of the California State University shall establish, on or before July 1, 2026, a Title IX office in a private space for students and employees to disclose reports and complaints of sex discrimination, including, but not limited to, sexual harassment. The established Title IX office space may be located within an existing office on campus, including, but not limited to, a civil rights office or antidiscrimination office. The Title IX office shall be under the administration of a Title IX coordinator who shall be responsible for coordinating the campus’ implementation of and compliance with the systemwide nondiscrimination policy established pursuant to Section 66280. (2) The Title IX office shall do all of the following: (A) Ensure timely and effective responses to reports and complaints of sex discrimination, including, but not limited to, sexual harassment. (B) Provide supportive measures to complainants, and, as applicable, respondents. (C) Provide a process of adjudicating and resolving complaints of sex discrimination, including, but not limited to, sexual harassment, pursuant to the systemwide nondiscrimination policy established pursuant to Section 66280. (D) Maintain a case management system that includes all of the following information for each complaint of sex discrimination, including, but not limited to, sexual harassment: (i) The date of the complaint and the date, nature, and location of the alleged incident or incidents. (ii) The name of the person who reported the complaint and the person’s affiliation with the campus, or whether the complaint was reported anonymously. (iii) The name and title of the person who received the complaint. (iv) The name of the person alleged to have experienced sex discrimination and their affiliation with the campus. (v) The name of the respondent and the respondent’s affiliation with the campus. (vi) Any campus community context, including, but not limited to, the athletic team, student organization, or campus department or office where the alleged incident or incidents occurred. (vii) Whether the complaint was received by the campus, along with a copy of the notice of allegations provided to the parties. If the campus dismissed the complaint, a copy of the written notice of dismissal provided to the parties with the reason for the dismissal. (viii) Whether the campus opened an investigation of the complaint and, if applicable, its reason for declining to investigate the complaint. (ix) The name of the person assigned to investigate the complaint, and the name of the person assigned to implement any supportive measures pursuant to subparagraph (B). (x) All supportive measures offered and implemented in response to the complaint pursuant to subparagraph (B). (xi) The names of all witnesses identified by either party, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed. (xii) Once completed, the final investigative report for the complaint and any response made to the final investigative report by the complainant or respondent. (xiii) The outcome of the complaint, including, if applicable, the rulings from a hearing on the complaint and any disciplinary measures. (xiv) The remedies implemented by the Title IX coordinator and the campus, if applicable, to deter and prevent the recurrence of sex discrimination incidents. (E) Develop and implement a prevention and outreach program on sex discrimination, including, but not limited to, sexual harassment. This program shall be reviewed and, if necessary, updated annually to address sex discrimination incidents and prevent the recurrence of sex discrimination incidents. The program shall do all of the following: (i) Address a range of strategies to prevent sex discrimination, including, but not limited to, a survivor empowerment program, a public awareness campaign, primary prevention, bystander intervention, and risk reduction. (ii) Provide to students, faculty, and staff information regarding the protocols for reporting complaints of sex discrimination, including the name, office location, and contact information of the Title IX coordinator, by both of the following means: (I) Emailing the information to each student, faculty member, and staff member at the beginning of each academic semester or other academic term. (II) Including the information as part of an on-campus orientation program pursuant to Section 67385.7. (F) Develop and implement a campus prevention training program for students, faculty, and staff. The campus prevention training shall do, or include, but not be limited to, all of the following: (i) Incorporate required bystander intervention training, policy awareness training, and primary prevention training. (ii) Adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students, faculty, and staff of various identities, including, but not limited to, race, national origin, gender identity, class, sexual orientation, and ability, interact with each other. (iii) Training that contains feedback loops to determine if the training is having the intended effect. (iv) Training that complies with Section 67385.7. (v) In response to patterns of occurrences of sex discrimination incidents, provide additional prevention training to student organizations on campus, including, but not limited to, college-affiliated fraternities and sororities, athletic teams, and students who reside on campus. (b) (1) The Title IX coordinator shall have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination, including, but not limited to, sexual harassment. The Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the systemwide nondiscrimination policy established pursuant to Section 66280. The Title IX coordinator shall operate with the authority, independence, and resources necessary to fulfill the duties required by this section. The Title IX coordinator shall be a full-time position, and shall be responsible for preventing and addressing sex discrimination, including, but not limited to, sexual harassment, on campus. (2) The Title IX coordinator shall meet, on or before September 1, 2026, and at least once every three months thereafter, with the campus president to provide an update on the Title IX office’s compliance with paragraph (2) of subdivision (a). The update shall include how the campus is fulfilling the obligation to provide educational programs free from sex discrimination. Beginning on September 1, 2027, and each year thereafter, an annual summary of the updates shall be posted on the campus internet website. (c) Beginning with the 2026–27 academic year, the Title IX coordinator and the president of the campus shall assess whether additional staffing or resources are needed by the Title IX office to fulfill the duties of the Title IX office established pursuant to this section. If additional staff or resources are needed, the Title IX coordinator and the president of the campus shall make a request for the additional staffing or resources to be included in the annual systemwide budget request made by the system to the Governor, in compliance with the policies established by the system for making budgetary requests. (Added by Stats. 2024, Ch. 693, Sec. 1. (AB 2047) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66279.5. Source version: id_cc7d19de-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) (1) Notwithstanding any other law, and in furtherance of complying with Section 66270, each campus of the University of California shall designate, on or before July 1, 2026, a private space, known as the Title IX office, for students and employees to disclose reports and complaints of sex discrimination, including, but not limited to, sexual harassment. The designated Title IX office space may be located within an existing office on campus, including, but not limited to, a civil rights office or antidiscrimination office. The Title IX office shall be under the administration of a Title IX coordinator who shall be responsible for coordinating the campus’ implementation of and compliance with the systemwide nondiscrimination policy identified and maintained pursuant to Section 66280.5. (2) The Title IX coordinator and designated staff shall do all of the following: (A) Oversee and ensure timely and effective responses to reports and complaints of sex discrimination, including, but not limited to, sexual harassment. (B) Oversee the provision of supportive measures to complainants, and, as applicable, respondents. (C) Oversee the process of adjudicating and resolving complaints of sex discrimination, including, but not limited to, sexual harassment, pursuant to the systemwide nondiscrimination policy identified and maintained pursuant to Section 66280.5. (D) Maintain a case management system that includes all of the following information for each complaint of sex discrimination, including, but not limited to, sexual harassment: (i) The date of the complaint and the date, nature, and location of the alleged incident or incidents. (ii) The name of the person who reported the complaint and the person’s affiliation with the campus, or whether the complaint was reported anonymously. (iii) The name and title of the person who received the complaint. (iv) The name of the person alleged to have experienced sex discrimination and their affiliation with the campus. (v) The name of the respondent and the respondent’s affiliation with the campus. (vi) Any campus community context, including, but not limited to, the athletic team, student organization, or campus department or office where the alleged incident or incidents occurred. (vii) A copy of the notice of allegations provided to the parties. If the campus dismissed the complaint, a copy of the written notice of dismissal provided to the parties with the reason for the dismissal. (viii) Whether the campus opened an investigation of the complaint and, if applicable, its reason for declining to investigate the complaint. (ix) The name of the person assigned to investigate the complaint, and the name of the person assigned to implement any supportive measures pursuant to subparagraph (B). (x) All supportive measures offered and implemented in response to the complaint pursuant to subparagraph (B). (xi) The names of all witnesses identified by either party, interview notes or summaries, if available, and, for any witnesses who were not interviewed, an explanation of why they were not interviewed. (xii) Once completed, the final investigative report for the complaint and any response made to the final investigative report by the complainant or respondent. (xiii) The outcome of the complaint, including, if applicable, the rulings from a hearing on the complaint and any disciplinary measures. (xiv) The remedies implemented by the Title IX coordinator and the campus, if applicable, to deter and prevent the recurrence of sex discrimination incidents. (E) Oversee the development and implementation of a prevention and outreach program on sex discrimination, including, but not limited to, sexual harassment. This program shall be reviewed and, if necessary, updated annually to address sex discrimination incidents and prevent the recurrence of sex discrimination incidents. The program shall do all of the following: (i) Address a range of strategies to prevent sex discrimination, including, but not limited to, a survivor empowerment program, a public awareness campaign, primary prevention, bystander intervention, and risk reduction. (ii) Provide to students, faculty, and staff information regarding the protocols for reporting complaints of sex discrimination, including the name, office location, and contact information of the Title IX coordinator, by both of the following means: (I) Emailing the information to each student, faculty member, and staff member at the beginning of each academic semester or other academic term. (II) Including the information as part of an on-campus orientation program pursuant to Section 67385.7. (F) Oversee the development and implementation of a campus prevention training program for students, faculty, and staff. The campus prevention training shall do, or include, all of the following: (i) Incorporate required bystander intervention training, policy awareness training, and primary prevention training. (ii) Adopt an approach of intersectionality that calls for a pursuit of culturally relevant programs and practices that name and meaningfully consider how students, faculty, and staff of various identities, including, but not limited to, race, national origin, gender identity, class, sexual orientation, and ability, interact with each other. (iii) Training that contains feedback loops to determine if the training is having the intended effect. (iv) Training that complies with Section 67385.7. (v) In response to patterns of occurrences of sex discrimination incidents, provide additional prevention training to student organizations on campus, including, but not limited to, college-affiliated fraternities and sororities, athletic teams, and students who reside on campus. (b) (1) The Title IX coordinator shall have the authority and responsibility to implement a consistent campuswide response to complaints of sex discrimination, including, but not limited to, sexual harassment. The Title IX coordinator shall have the experience, training, and expertise necessary to coordinate and carry out the systemwide nondiscrimination policy identified and maintained pursuant to Section 66280.5. The Title IX coordinator shall operate with the authority, independence, and resources necessary to fulfill the duties required by this section. The Title IX coordinator shall be a full-time position, and shall be responsible for overseeing campuswide efforts to prevent and address sex discrimination, including, but not limited to, sexual harassment, on campus. (2) The Title IX coordinator shall meet, on or before September 1, 2026, and at least once every three months thereafter, with the campus chancellor to provide updates on the Title IX office’s compliance with paragraph (2) of subdivision (a). The updates shall include an update on how the campus is fulfilling the obligation to provide educational programs free from sex discrimination. Beginning on September 1, 2027, and each year thereafter, an annual summary of the updates shall be posted on the campus internet website. (c) Beginning with the 2026–27 academic year, the Title IX coordinator shall recommend to the chancellor of the campus whether additional staffing or resources are needed to fulfill the duties required by this section. If additional staff or resources are needed, the chancellor of the campus shall make a request for the additional staffing or resources, in compliance with the policies established by the system for making budgetary requests. (d) Notwithstanding Section 67400, this section shall apply to the University of California. (Added by Stats. 2024, Ch. 693, Sec. 2. (AB 2047) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66280. Source version: id_d74ae8c0-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) Notwithstanding any other law, in order to be in compliance with Section 66270, the California State University shall do both of the following on or before July 1, 2026: (1) Establish a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office shall be led by the systemwide civil rights officer designated pursuant to paragraph (2), who shall report on a periodic and regular basis to the Chancellor of the California State University and the Trustees of the California State University about the status of the implementation of the systemwide nondiscrimination policies pursuant to this section. The systemwide civil rights officer shall be responsible for coordinating the system’s implementation of and compliance with the systemwide nondiscrimination policies established pursuant to this section. (2) Establish the position of, and designate a staff person as, the systemwide civil rights officer to monitor the system’s compliance with Section 66292.1. The systemwide civil rights officer shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this section, and to, if necessary, recruit, hire, and train personnel to carry out the requirements of this section. (b) The systemwide Office of Civil Rights established pursuant to paragraph (1) of subdivision (a) shall do all of the following: (1) In consultation with confidential advocates, sexual assault and domestic violence counselors, students, faculty, and staff, establish and adopt a single, systemwide nondiscrimination policy for the entire system. The policy shall incorporate state and federal law pertaining to the prevention of sex discrimination, including, but not limited to, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) and Sections 66281.4, 66281.5, 66281.8, 67385, 67385.7, and 67386. (2) In accordance with the policy adopted pursuant to paragraph (1), develop and implement a grievance procedure for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following: (A) A campus president. (B) A campus Title IX coordinator. (C) An employee of the office of the Chancellor of the California State University. (D) A member of the Trustees of the California State University. (E) The Chancellor of the California State University. (3) Adjudicate any complaints described in paragraph (2) in accordance with the systemwide nondiscrimination policy adopted pursuant to paragraph (1). (4) Provide annual training for personnel in Title IX offices on a campus of the California State University. (5) Establish and serve as a resource for the implementation of the best practices guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide nondiscrimination policy adopted pursuant to paragraph (1). (6) Process appeals for sex discrimination complaints pursuant to Section 66292.3. (7) (A) Conduct a compliance review, at least once every three years, of each campus of the California State University to determine whether they are complying with the systemwide nondiscrimination policy pursuant to paragraph (1) and the best practices established pursuant to paragraph (5). (B) The compliance reviews conducted pursuant to subparagraph (A) shall be presented during a public session of the Trustees of the California State University in the year the review is completed and shall be made public on the internet website of the trustees and on the campus internet website. (8) Establish a range of disciplinary sanctions for respondents who are students, faculty, or staff of the system and who are found to have violated the system’s nondiscrimination policy. (9) Annually assess whether the systemwide Office of Civil Rights requires additional staffing or resources to comply with this section, and, if required, make a request for the additional staffing or resources to be included in the annual systemwide budget request made by the system to the Governor, in compliance with the policies established by the system for making budgetary requests. (Added by Stats. 2024, Ch. 693, Sec. 3. (AB 2047) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66280.5. Source version: id_64a42f66-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) Notwithstanding any other law, in order to be in compliance with Section 66270, the University of California shall do both of the following on or before July 1, 2026: (1) Designate a systemwide Office of Civil Rights for the purpose of ensuring campus programs and activities are free from sex discrimination. The office shall be led by the systemwide civil rights officer designated pursuant to paragraph (2), who shall report on a periodic basis to the President of the University of California and the Regents of the University of California about the status of the implementation of the systemwide nondiscrimination policies pursuant to this section. The systemwide civil rights officer shall be responsible for coordinating the system’s implementation of and compliance with the systemwide nondiscrimination policies established pursuant to this section. (2) Establish the position of, and designate a staff person as, the systemwide civil rights officer to monitor the system’s compliance with Section 66292.2. The systemwide civil rights officer shall have the experience, training, and expertise necessary to coordinate and carry out the requirements of the systemwide Office of Civil Rights pursuant to this section, and to, if necessary, recruit, hire, and train personnel to carry out the requirements of this section. (b) The systemwide Office of Civil Rights established pursuant to paragraph (1) of subdivision (a) shall do all of the following: (1) Identify and maintain a single, systemwide nondiscrimination policy for the entire system. The policy shall incorporate state and federal law pertaining to the prevention of sex discrimination, including, but not limited to, Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.) and Sections 66281.4, 66281.5, 66281.8, 67385, 67385.7, and 67386. (2) In accordance with the policy identified and maintained pursuant to paragraph (1), develop and implement a grievance procedure for prompt and equitable processing, adjudication, and resolution of all complaints of sex discrimination filed by students, faculty, or staff in which the respondent is any of the following: (A) A campus chancellor. (B) A campus Title IX coordinator. (C) An employee of the office of the President of the University of California. (D) A member of the Regents of the University of California. (E) The President of the University of California. (3) Oversee the adjudication of any complaints described in paragraph (2) in accordance with the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1). (4) Oversee the annual training for personnel in Title IX offices on a campus of the University of California. (5) Establish and serve as a resource for the implementation of best practices guidance for the prevention of sex discrimination and the adjudication of complaints of sex discrimination as required by the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1). (6) (A) Conduct a compliance review, at least once every five years, of each campus of the University of California to determine whether they are complying with the systemwide nondiscrimination policy identified and maintained pursuant to paragraph (1) and the best practices established pursuant to paragraph (5). (B) The compliance reviews conducted pursuant to subparagraph (A) shall be presented during a public session of the Regents of the University of California in the year the review is completed and shall be made public on the internet website of the regents and on the campus internet website. (7) Establish a range of disciplinary sanctions for respondents who are students, faculty, or staff of the system and who are found to have violated the system’s nondiscrimination policy. (8) Annually assess whether the systemwide Office of Civil Rights requires additional staffing or resources to comply with this section, and, if required, make a request for the additional staffing or resources in compliance with the policies established by the system for making budgetary requests. (c) Notwithstanding Section 67400, this section shall apply to the University of California. (Amended by Stats. 2025, Ch. 67, Sec. 63. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66281. Source version: id_ebe961d4-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) On or before December 1, 2025, the Chancellor of the California Community Colleges shall, in consultation with stakeholders, submit a report to the Legislature with recommendations for establishing systemic campus reforms that effectively prevent, detect, and address sexual harassment on community college campuses. The report shall include recommendations for all of the following: (1) Baseline standards for policies and procedures that detect, address, and prevent the reoccurrence of sexual harassment that are consistent with best practices. (2) Methods for monitoring the effectiveness of, and adherence to, the policies and procedures described in paragraph (1) and methods for monitoring the compliance of each community college campus with state and federal laws and regulations pertaining to sexual harassment. (3) Protocols for system and campus reporting on sexual harassment complaints that provide transparency on the number and outcomes of sexual harassment complaints to the public. (4) The recruitment, hiring, and training of campus-based, district-based, and systemwide staff to adequately prevent, detect, and address sexual harassment on community college campuses. (5) Support and resources at the state level that will enhance campus efforts to reform campus practices to prevent, detect, and address sexual harassment on community college campuses. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section shall be repealed on January 1, 2027. (Added by Stats. 2024, Ch. 694, Sec. 1. (AB 2048) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66281.4. Source version: id_f6590b26-b8d5-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, provide, upon request of the complainant or respondent, and every 30 days until the outcome of a complaint is determined, and only to the extent permissible under state and federal law, status updates on complaints of sex discrimination, including, but not limited to, complaints of sexual harassment, to complainants and respondents. (b) Status updates shall not be provided pursuant to subdivision (a) to a complainant or respondent who opts to not receive the updates. (c) Each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, provide, within five business days of a decision of disciplinary action being made against a respondent in response to a complaint of sex discrimination, a notification of the disciplinary action to the respondent and complainant. (Added by Stats. 2024, Ch. 205, Sec. 1. (AB 2987) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66281.5. Source version: id_52cd4e74-ca36-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institution of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies. (b) Each postsecondary educational institution in the State of California shall have a written policy on sexual harassment, including information on the complaint process and the timeline for the complaint process, which shall be available on its Internet Web site. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document. (c) The postsecondary educational institution’s written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies and resources, both on and off campus. (d) A copy of the postsecondary educational institution’s written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. “Prominent location” means that location, or those locations, in the main administrative building or other area where notices regarding the institution’s rules, regulations, procedures, and standards of conduct are posted. (e) A copy of the postsecondary educational institution’s written policy on sexual harassment, as it pertains to students, shall be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session, as applicable. (f) A copy of the postsecondary educational institution’s written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired. (g) A copy of the postsecondary educational institution’s written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution. (Amended by Stats. 2016, Ch. 107, Sec. 1. (AB 2654) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66281.7. Source version: id_ac07e70e-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind, including, but not limited to, pregnancy discrimination as described in Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), in the postsecondary educational institutions of the state. (b) Each of the following requirements apply to postsecondary educational institutions in this state: (1) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall not do any of the following solely due to pregnancy or pregnancy-related issues: (A) Require a graduate student to take a leave of absence or withdraw from the graduate program. (B) Limit the student’s graduate studies. (2) A postsecondary educational institution, including the faculty, staff, or other employees of the institution, shall reasonably accommodate pregnant graduate students so they may complete their graduate courses of study and research. Reasonable accommodation within the meaning of this subdivision may include, but is not necessarily limited to, allowances for the pregnant student’s health and safety, such as allowing the student to maintain a safe distance from hazardous substances, allowing the student to make up tests and assignments that are missed for pregnancy-related reasons, or allowing the student to take a leave of absence. Reasonable accommodation shall include excusing absences that are medically necessary, as required under Title IX. (3) A graduate student who chooses to take a leave of absence because the graduate student is pregnant or has recently given birth shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of 12 additional months, whichever period is longer, to prepare for and take preliminary and qualifying examinations and an extension of at least 12 months toward normative time to degree while in candidacy for a graduate degree, unless a longer extension is medically necessary. (4) A graduate student who is not the birth parent and who chooses to take a leave of absence because of the birth of the student’s child shall be allowed a period consistent with the policies of the postsecondary educational institution, or a period of one month, whichever period is longer, to prepare for and take preliminary and qualifying examinations, and an extension of at least one month toward normative time to degree while in candidacy for a graduate degree, unless a longer period or extension is medically necessary to care for the student’s partner or their child. (5) An enrolled graduate student in good academic standing who chooses to take a leave of absence because the student is pregnant or has recently given birth shall return to the student program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution or of up to one academic year, whichever period is longer, subject to the reasonable administrative requirements of the institution, unless there is a medical reason for a longer absence, in which case the student’s standing in the graduate program shall be maintained during that period of absence. (6) An enrolled graduate student in good academic standing who is not the birth parent and who chooses to take a leave of absence because of the birth of the student’s child shall return to the student’s program in good academic standing following a leave period consistent with the policies of the postsecondary educational institution, or of up to one month, whichever period is longer, subject to the reasonable administrative requirements of the institution. (c) Each postsecondary educational institution shall have a written policy for graduate students on pregnancy discrimination and procedures for addressing pregnancy discrimination complaints under Title IX or this section. A copy of this policy shall be made available to faculty, staff, and employees in their required training. This policy shall be made available to all graduate students attending orientation sessions at a postsecondary educational institution. (d) Each public postsecondary educational institution shall notify pregnant and parenting students of the protections provided by Title IX through prominently posting a notice of the Title IX protections on the institution’s internet website. (e) Each public postsecondary educational institution with an on-campus medical center shall provide notice of the protections provided by Title IX through the medical center to a student who requests information regarding policies or protections for students with children or pregnant students and when otherwise appropriate. (Amended by Stats. 2020, Ch. 370, Sec. 94. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66281.8. Source version: id_990a1b7e-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) For the purposes of this section, the following terms have the following meanings: (1) “Postsecondary institution” means a campus of the University of California, the California State University, or the California Community Colleges, a private postsecondary educational institution, or an independent institution of higher education that receives state financial assistance. (2) (A) “Responsible employee” means an employee who has the authority to take action to redress sexual harassment or provide supportive measures to students, or who has the duty to report sexual harassment to an appropriate school official who has that authority. (B) “Responsible employee” includes, but is not limited to, those individuals with any of the following positions or substantially similar positions or job duties, regardless of the specific title the institution may attach to the position: (i) Title IX coordinator or other coordinator designated to comply with and carry out the institution’s responsibilities under this section. (ii) Residential advisors, while performing the duties of employment by the institution. (iii) Housing directors, coordinators, or deans. (iv) Student life directors, coordinators, or deans. (v) Athletic directors, coordinators, or deans. (vi) Coaches of any student athletic or academic team or activity. (vii) Faculty and associate faculty, teachers, instructors, or lecturers. (viii) Graduate student instructors, while performing the duties of employment by the institution. (ix) Laboratory directors, coordinators, or principal investigators. (x) Internship or externship directors or coordinators. (xi) Study abroad program directors or coordinators. (C) (i) Notwithstanding subparagraphs (A) and (B), “responsible employee” does not include those individuals described in subparagraphs (A) and (B) who are also any of the following: (I) A therapist or other professional described in Sections 990, 1010, 1030, 1035, and 1037 of the Evidence Code, including a University of California Center for Advocacy, Resources, and Education (CARE) director, advocate, or employee. (II) A University of California Center for Advocacy, Resources, and Education (CARE) director, advocate, or employee. (III) A California State University victim advocate or other position with similar responsibilities. (IV) An individual acting in a professional capacity for which confidentiality is mandated by law. (ii) An individual described in clause (i) shall inform each student who provides the individual with information regarding sexual harassment of the student’s ability to report to a responsible employee and direct the student to those specific reporting resources. (b) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each postsecondary institution shall implement, and at all times comply with, all of the following requirements at the institution: (1) It shall disseminate, by electronic or other means, a notice of nondiscrimination, including, but not limited to, all information required to be included in the notice provided pursuant to Section 66281.5, to all of the following: (A) Each employee of the postsecondary institution. (B) Each volunteer who will regularly interact with students. (C) Each individual or entity under contract with the postsecondary institution to perform any service involving regular interaction with students at the institution. (2) It shall designate at least one employee of the institution to coordinate its efforts to comply with and carry out its responsibilities under this section. The employee may be the same individual as the institution’s federal Title IX coordinator. The employee shall have adequate training on what constitutes sexual harassment and on trauma-informed investigatory and hearing practices, and shall understand how the institution’s grievance procedures operate. (3) It shall adopt rules and procedures within the policies required by Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Section 67386 for the prevention of sexual harassment that also provide for all of the following elements: (A) The institution’s primary concern shall be student safety. Any disciplinary measures imposed by the institution for violations of the institution’s student conduct policy at or near the time of the incident being investigated shall be consistent with paragraph (10) of subdivision (b) of Section 67386. (B) The institution shall take reasonable steps to respond to each incident of sexual harassment involving individuals subject to the institution’s policies that occur in connection with any educational activity or other program of the institution, as well as incidents that occurred outside of those educational programs or activities, whether they occurred on or off campus, if, based on the allegations, there is any reason to believe that the incident could contribute to a hostile educational environment or otherwise interfere with a student’s access to education. (C) (i) Regardless of whether or not a complaint has been filed under the institution’s grievance procedures, if the institution knows, or reasonably should know, about possible sexual harassment involving individuals subject to the institution’s policies at the time, the institution shall promptly investigate to determine whether the alleged conduct more likely than not occurred, or otherwise respond if the institution determines that an investigation is not required. If the institution determines that the alleged conduct more likely than not occurred, it shall immediately take reasonable steps to end the harassment, address the hostile environment, if one has been created, prevent its recurrence, and address its effects. A postsecondary institution shall be presumed to know of sexual harassment if a responsible employee knew, or, in the exercise of reasonable care, should have known, about the sexual harassment. The institution may rebut this presumption of knowledge if it shows all of the following: (I) The institution provides training and requires all nonconfidential responsible employees to report sexual harassment. (II) Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question was provided training and direction to report sexual harassment. (III) Each nonconfidential responsible employee with actual or constructive knowledge of the conduct in question failed to report it. (ii) The institution shall consider and respond to requests for accommodations relating to prior incidents of sexual harassment that could contribute to a hostile educational environment or otherwise interfere with a student’s access to education where both individuals are, at the time of the request, subject to the institution’s policies. (D) (i) If a complainant requests confidentiality, which could preclude a meaningful investigation or potential discipline of the potential respondent, or that no investigation or disciplinary action be pursued to address alleged sexual harassment, the institution shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the complainant. The institution shall generally grant the request. In determining whether to disclose a complainant’s identity or proceed to an investigation over the objection of the complainant, the institution may consider whether any of the following apply: (I) There are multiple or prior reports of sexual misconduct against the respondent. (II) The respondent reportedly used a weapon, physical restraints, or engaged in battery. (III) The respondent is a faculty or staff member with oversight of students. (IV) There is a power imbalance between the complainant and respondent. (V) The complainant believes that the complainant will be less safe if the complainant’s name is disclosed or an investigation is conducted. (VI) The institution is able to conduct a thorough investigation and obtain relevant evidence in the absence of the complainant’s cooperation. (ii) If the institution determines that it can honor the student’s request for confidentiality, it shall still take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant. These steps may include increased monitoring, supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual violence. The institution shall also take immediate steps to provide for the safety of the complainant while keeping the complainant’s identity confidential as appropriate. These steps may include changing living arrangements or course schedules, assignments, or tests. The complainant shall be notified that the steps the institution will take to respond to the complaint will be limited by the request for confidentiality. (iii) If the institution determines that it must disclose the complainant’s identity to the respondent or proceed with an investigation, it shall inform the complainant prior to making this disclosure or initiating the investigation. The institution shall also take immediate steps to provide for the safety of the complainant where appropriate. In the event the complainant requests that the institution inform the respondent that the student asked the institution not to investigate or seek discipline, the institution shall honor this request. (4) (A) It shall adopt and publish on its internet website grievance procedures that provide for prompt and equitable resolution of sexual harassment complaints filed by a student against an employee or another student. The grievance procedures shall satisfy all of the following requirements: (i) They shall state that the investigation and adjudication of alleged misconduct under this section is not an adversarial process between the complainant, the respondent, and the witnesses, but rather a process for postsecondary institutions to comply with their obligations under existing law. The complainant does not have the burden to prove, nor does the respondent have the burden to disprove, the underlying allegation or allegations of misconduct. (ii) They shall require notice be provided to all students of the grievance procedures, including where and how complaints may be filed. (iii) They shall ensure that the persons or entities responsible for conducting investigations, finding facts, and making disciplinary decisions are neutral. (iv) They shall ensure trauma-informed and impartial investigation of complaints. Student parties shall be given an opportunity to identify witnesses and other evidence to assist the institution in determining whether a policy violation has occurred, and shall be informed that any evidence available but not disclosed during the investigation might not be considered at a subsequent hearing. (v) They shall include reasonable and equitable evidentiary guidelines, and may include page or word limitations on party submissions. (vi) They shall include all of the following: (I) The investigator or hearing office shall not consider the past sexual history of a complainant or respondent except in the limited circumstances permitted by this clause. (II) The investigator or hearing officer shall not consider prior or subsequent sexual history between the complainant and anyone other than the respondent for any reason unless directly relevant to prove that physical injuries alleged to have been inflicted by the respondent were inflicted by another individual. (III) (ia) The investigator or hearing officer shall not consider the existence of a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent unless the evidence is relevant to how the parties communicated consent in prior or subsequent consensual sexual relations. (ib) Where the investigator or hearing officer allows consideration of evidence about a dating relationship or prior or subsequent consensual sexual relations between the complainant and the respondent pursuant to sub-subclause (ia), the mere fact that the complainant and respondent engaged in other consensual sexual relations with one another is never sufficient, by itself, to establish that the conduct in question was consensual. (IV) Before allowing the consideration of any evidence proffered pursuant to this subdivision, the investigator or hearing officer shall provide a written explanation to the parties as to why consideration of the evidence is consistent with this clause. (vii) They shall prohibit questions of either party or of any witness that are repetitive, irrelevant, or harassing. (viii) They shall provide that the institution shall decide whether or not a hearing is necessary to determine whether any sexual violence more likely than not occurred. In making this decision, an institution may consider whether the parties elected to participate in the investigation and whether each party had the opportunity to suggest questions to be asked of the other party or witnesses, or both, during the investigation. Any hearing shall be subject to the following rules: (I) Any cross-examination of either party or any witness shall not be conducted directly by a party or a party’s advisor. (II) Either party or any witness may request to answer the questions by video from a remote location. (III) Student parties shall have the opportunity to submit written questions to the hearing officer in advance of the hearing. At the hearing, the other party shall have an opportunity to note an objection to the questions posed. The institution may limit such objections to written form, and neither the hearing officer nor the institution are obligated to respond, other than to include any objection in the record. The hearing officer shall have the authority and obligation to discard or rephrase any question that the hearing officer deems to be repetitive, irrelevant, or harassing. In making these determinations, the hearing officer is not bound by, but may take guidance from, the formal rules of evidence. (IV) Generally, the parties may not introduce evidence, including witness testimony, at the hearing that the party did not identify during the investigation and that was available at the time of the investigation. However, the hearing officer has discretion to accept for good cause, or exclude, such new evidence offered at the hearing. (ix) They shall provide an explanation of the meaning of the preponderance of the evidence standard, and affirm that it shall apply to adjudications under this section. The preponderance of the evidence standard is met if the institution determines that it is more likely than not that the alleged misconduct occurred, based on the facts available at the time of the decision. (x) They shall provide a reasonably prompt timeframe for all of the major stages of the complaint process, as well as a process for extending the institution’s timelines for good cause only, and shall provide for the prompt communication of that information to the complainant and respondent. The communicated timeline information shall include, but shall not necessarily be limited to, each of the following: (I) The period during which the institution shall conduct any investigation. (II) The date by which the parties shall be notified of the outcome of any investigation. (III) The deadlines and process for parties to appeal, if the institution’s grievance procedures include an appeals process. (xi) They shall provide that the institution shall not unreasonably deny a student party’s request for an extension of a deadline related to a complaint during periods of examinations or school closures. (xii) They shall provide for periodic status updates on the investigation consistent with the timelines referenced in clause (x) to the complainant and respondent. (xiii) They shall provide for notice in writing to parties of any extension of a time period granted in the investigation and fact-finding process that would change the prospective timeframes for the major stages of the complaint process, and the reason for that extension. (xiv) They shall provide for written notice to parties of the outcome of the complaint, including whether a policy violation was found to have occurred, the basis for that determination, including factual findings, and any discipline imposed. (xv) They shall provide assurance that the institution will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate. (xvi) They shall require that student parties receive notice if the institution is conducting a formal investigation. The notice shall include the allegations and the alleged institutional policy violations under review. Any new allegations that arise during the course of the investigation that could subject either party to new or additional sanctions shall be subject to the same notice requirements. (xvii) They shall afford both student parties the opportunity to each have a support person or adviser accompany the student party during any stage of the process. (xviii) They shall advise student parties of their right to consult with an attorney, at their own expense, at any stage of the process if they wish to do so. An attorney may serve as a support person or adviser pursuant to clause (xvii). (xix) They shall require that student parties receive a notice regarding appropriate counseling resources developed and maintained by the institution for student parties in school misconduct matters involving sexual harassment. (xx) They shall allow either party to appeal the outcome of the grievance proceeding if the institution has such an appeals process. An institution’s grievance procedure may limit the grounds for an appeal, provided that any limitation shall apply equally to all parties and that the nonappealing party shall have an opportunity to respond to the appeal. (xxi) They shall outline the possible interim measures that may be put in place during the pendency of an investigation, the supportive measures that may be provided in the absence of an investigation, and the disciplinary outcomes, remedial measures, and systemic remedies that may follow a final finding of responsibility, subject to all of the following: (I) An institution shall not mandate mediation to resolve allegations of sexual harassment, and shall not allow mediation, even on a voluntary basis, to resolve allegations of sexual violence. (II) An institution shall not require that the complainant enter a voluntary resolution agreement or any other form of resolution as a prerequisite to receiving remedial measures from the institution which safeguard the complainant’s access to education. (III) (ia) When requested by a complainant or otherwise determined to be appropriate, an institution shall issue an interim no-contact directive prohibiting the respondent from contacting the complainant during the pendency of the investigation. An institution shall not issue an interim mutual no-contact directive automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual no-contact directive is necessary or justifiable to protect the noncomplaining party’s safety or well-being, or to respond to interference with an investigation. A no-contact directive issued after a decision of responsibility has been made shall be unilateral and only apply against the party found responsible. (ib) Upon the issuance of a mutual no-contact directive, an institution shall provide the parties with a written justification for the directive and an explanation of the terms of the directive. Upon the issuance of any no-contact directive, the institution shall provide the parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action. (xxii) They shall describe the obligations of all faculty and staff designated by the institution as required to report concerns of sexual harassment to the Title IX coordinator or other designated employee, consistent with the requirement in paragraph (2). An individual who has a confidential relationship with a student or students by law is exempt from having to report sexual harassment concerns to the Title IX coordinator or other designated employee, unless otherwise required by law. (xxiii) They shall contain a requirement that the Title IX coordinator or other designated employee assess each report of sexual harassment and provide outreach, as appropriate, to each identifiable student who is alleged to be the victim of the reported conduct. The outreach shall include all of the following information: (I) The institution has received a report that the student may have been a victim of sexual harassment. (II) A statement that retaliation for filing a complaint or participating in a complaint process, or both, under this section is prohibited. (III) Counseling resources within the institution or in the community. (IV) Where a crime may have occurred, notice that the student has the right, but not the obligation, to report the matter to law enforcement. (V) The institution’s investigation procedures established pursuant to the requirements of this section. (VI) Potential interim measures, such as no-contact directives, housing changes, and academic schedule changes, where applicable. (VII) The importance of preserving evidence. (VIII) A request for the student to meet with the Title IX coordinator or other designated employee to discuss options for responding to the report. (IX) The manner in which the institution responds to reports of sexual harassment and a description of potential disciplinary consequences. (B) The grievance procedures shall also provide a process for a student to report sexual harassment by a third party. The institution shall respond to those reports to address or prevent a hostile educational environment or to ensure students’ access to education. Nothing in this section shall establish any duty or obligation owed by a postsecondary institution to nonstudent parties that does not already exist by statute or agreement. (5) It shall publish in a prominent place on its internet website, with accompanying text clearly associating them with the sexual harassment and sexual violence grievance processes, the name, title, and contact information, which shall include the telephone number, office location, and email address, of each of the following individuals: (A) The Title IX coordinator or other designated employee. (B) Any individual official within the institution with the authority to investigate complaints made pursuant to this section or to institute corrective measures such as sanctions, accommodations, or other forms of resolution of the complaint. (6) (A) It shall provide the training described in paragraph (12) of subdivision (b) of Section 67386 to each employee engaged in the grievance procedures related to sex discrimination, including sexual violence, which shall include for these employees training on (i) trauma-informed investigatory and hearing practices that help ensure an impartial and equitable process, (ii) best practices for assessment of a sexual harassment or sexual violence complaint, (iii) best practices for questioning of the complainant, respondent, and witnesses, and (iv) implicit bias and racial inequities, both broadly and in school disciplinary processes. (B) Materials approved by the institution for this training shall include statistics on the prevalence of sexual harassment and sexual violence in the educational setting, and the differing rates at which students experience sexual harassment and sexual assault in the educational setting based on their race, sexual orientation, disability, gender, and gender identity. When possible, citation to such statistics shall be included in the written sexual harassment policies required by Section 66281.5 accompanying the institution’s grievance procedures. (7) If the institution has on-campus housing, it shall ensure that residential life student and nonstudent staff, or their equivalent, annually receive training on how to handle, in a trauma-informed manner, reports made to them of sexual harassment or sexual violence, and situations in which they are aware of sexual harassment or sexual violence, in student residential facilities. (8) It shall notify employees of the obligation to report harassment to appropriate school officials. (9) It shall provide training to all employees on the identification of sexual harassment, including the person to whom it should be reported. This paragraph does not require an institution to provide separate training for identification of sexual harassment. The school may include this requirement in existing employee training on sexual harassment. (c) This section does not require a school to provide separate grievance procedures for student sexual harassment complaints. The school may use student disciplinary procedures or other separate procedures to resolve sexual harassment complaints. Any procedures used to investigate complaints of sexual harassment, including disciplinary procedures, shall afford a complainant and a respondent a prompt and equitable resolution. If the school relies on existing procedures for compliance with the requirements of this section, the Title IX officer or designated employee shall review the school’s procedures to ensure that they comply with the requirements of this section. (d) A violation of this section may constitute discrimination and shall be subject to a civil action brought pursuant to Sections 66292.3 and 66292.4. (e) The requirements of this section shall be implemented at each postsecondary institution by no later than January 1, 2022. (f) If on or after the date of implementation, any provision of the act that adds this section conflicts with federal law, that provision shall be rendered inoperative for the duration of the conflict and without affecting the whole. (g) (1) Any case law interpreting procedural requirements or process that is due to student complainants or respondents when adjudicating complaints of sexual or gender-based violence, including dating or domestic violence, at postsecondary educational institutions in the State of California shall have no retroactive effect. (2) Any case law that conflicts with the provisions of the act that adds this section shall be superseded as of this statute’s effective date. (Added by Stats. 2020, Ch. 303, Sec. 3. (SB 493) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66281.9. Source version: id_009ee558-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) The governing board or body of an independent institution of higher education that receives state financial assistance is requested, as part of the hiring process for an appointment to an academic, athletic, or administrative position with that independent institution of higher education, to do all of the following: (1) (A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment. (B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education. (2) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the independent institution of higher education concerning any substantiated allegations of misconduct in order to permit the institution to evaluate the released information with respect to the criteria for a potential job placement. (3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require the independent institution of higher education to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct. (b) Independent institutions of higher education that receive state financial assistance are requested to not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the institution has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position. (c) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same employer. (2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing. (3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court. (4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer. (5) “Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations. (6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence. (Added by Stats. 2024, Ch. 673, Sec. 2. (AB 810) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66282. Source version: id_5deecd8e-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) It is the intent of the Legislature that the California State University annually report to the Legislature on the institution’s efforts to prevent and address sex discrimination on campuses of the California State University. (b) The California State University shall, on or before December 1 of each year, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information: (1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the chancellor’s office. (B) The number of sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the chancellor’s office. Sexual harassment complaints shall include all sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun. (2) The number of sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the chancellor’s office as follows: (A) The length of time taken to commence an official investigation after a sexual harassment complaint is filed shall be grouped in the following categories: (i) Less than two weeks. (ii) Two weeks to one month. (iii) One to three months. (iv) Three to six months. (v) Six to 12 months. (vi) Twelve to 18 months. (vii) More than 18 months. (B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories: (i) Less than six months. (ii) Six to 12 months. (iii) Twelve to 18 months. (iv) More than 18 months. (3) The number of hearings conducted for sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the chancellor’s office. The outcomes of those hearings shall be grouped in the following categories: (A) An informal resolution or settlement was agreed to by the complainant and respondent. (B) A hearing was convened and a final administrative decision was rendered by the decisionmaker. (C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision. (4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the chancellor’s office. (B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the chancellor’s office. (C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 89539 and 89542.5. (5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8. (c) The California State University shall post the annual reports described in subdivision (b) on its internet website and shall present each report during a public meeting of the trustees. (d) For purposes of this section, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California State University. (2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing. (3) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent. (4) “Sexual harassment” has the same meaning as described in Section 66262.5. (Amended by Stats. 2024, Ch. 883, Sec. 1. (SB 1166) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66282.1. Source version: id_0af0a66a-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) It is the intent of the Legislature that the California Community Colleges triennially report to the Legislature on the system’s efforts to prevent and address sex discrimination on campuses of the California Community Colleges. (b) On or before September 1, 2026, and on or before each September 1 thereafter, the governing board of each community college district shall prepare and submit to the chancellor’s office a report on the activities undertaken by the community college district to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information: (1) (A) The number of sexual harassment reports filed disaggregated by each individual campus of the community college district. (B) The number of sexual harassment complaints filed with the district Title IX office disaggregated by each individual campus of the community college district. Sexual harassment complaints shall include all sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun. (2) The number of sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus of the community college district as follows: (A) The length of time taken to commence an official investigation after a sexual harassment complaint is filed shall be grouped in the following categories: (i) Less than two weeks. (ii) Two weeks to one month. (iii) One to three months. (iv) Three to six months. (v) Six to 12 months. (vi) Twelve to 18 months. (vii) More than 18 months. (B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories: (i) Less than six months. (ii) Six to 12 months. (iii) Twelve to 18 months. (iv) More than 18 months. (3) The number of hearings conducted for sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus. The outcomes of those hearings shall be grouped in the following categories: (A) An informal resolution or settlement was agreed to by the complainant and respondent. (B) A hearing was convened and a final administrative decision was rendered by the decisionmaker. (C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision. (4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus. (B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus. (C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement or pursuant to Sections 87669, 88013, and 88124. (5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8. (c) Each community college district shall post the annual reports described in subdivision (b) on its internet website and shall present each report during a public meeting of the governing board of the community college district. (d) On or before December 1, 2026, and on or before December 1 every three years thereafter, the chancellor’s office shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each community college district and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, the reports provided by each community college district pursuant to subdivision (b). (e) The chancellor’s office shall post the annual reports described in subdivision (c) on its internet website. (f) For purposes of this section, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing. (3) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent. (4) “Sexual harassment” has the same meaning as described in Section 66262.5. (Added by Stats. 2024, Ch. 883, Sec. 2. (SB 1166) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66282.2. Source version: id_154a7dcc-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) It is the intent of the Legislature that the University of California annually report to the Legislature on the institution’s efforts to prevent and address sex discrimination on campuses of the University of California. (b) The University of California is requested to submit, on or before December 1 of each year, a report to the Legislature, in compliance with Section 9795 of the Government Code, that provides a summation of the activities undertaken by each campus and by the systemwide Title IX office to ensure campus programs and activities are free from sex discrimination. The report shall include, but is not limited to, all of the following information: (1) (A) The number of sexual harassment reports filed disaggregated by each individual campus and the president’s office. (B) The number of sexual harassment complaints filed with the campus-based or systemwide Title IX coordinator disaggregated by each individual campus and the president’s office. Sexual harassment complaints shall include all sexual harassment complaints that have been submitted to a Title IX office regardless of whether or not an official investigation has begun. (2) The number of sexual harassment complaints under investigation, the length of time taken to commence an official investigation after a sexual harassment complaint is filed, and the length of time taken from the beginning of an investigation to the completion of a final investigative report, disaggregated by each individual campus and the president’s office as follows: (A) The length of time taken to commence an official investigation after a sexual harassment complaint is filed shall be grouped in the following categories: (i) Less than two weeks. (ii) Two weeks to one month. (iii) One to three months. (iv) Three to six months. (v) Six to 12 months. (vi) Twelve to 18 months. (vii) More than 18 months. (B) The length of time taken from the beginning of an investigation to the completion of a final investigative report shall be grouped in the following categories: (i) Less than six months. (ii) Six to 12 months. (iii) Twelve to 18 months. (iv) More than 18 months. (3) The number of hearings conducted for sexual harassment complaints and the outcomes of those hearings disaggregated by each individual campus and the president’s office. The outcomes of those hearings shall be grouped in the following categories: (A) An informal resolution or settlement was agreed to by the complainant and respondent. (B) A hearing was convened and a final administrative decision was rendered by the decisionmaker. (C) A hearing is scheduled or has concluded, but the decisionmaker has not rendered a final administrative decision. (4) (A) The number of appeals requested by either the complainant or respondent disaggregated by each individual campus and the Office of the President. (B) The outcomes of the appeals identified in subparagraph (A) disaggregated by each individual campus and the president’s office. (C) The outcomes of appeals that occur if an employee respondent elects to appeal a discipline sanction as a result of the complaint through the appeal process provided by the employee’s collective bargaining agreement. (5) A list of the personnel disaggregated by campus who are exempt from being responsible employees pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 66281.8. (c) The University of California is requested to post the annual reports described in subdivision (b) on its internet website and to present each report during a public meeting of the regents. (d) For purposes of this section, the following definitions apply: (1) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing. (2) “Final investigative report” means the final report of the summary of relevant evidence provided by the Title IX investigator to the complainant and respondent. (3) “President’s office” means the office of the President of the University of California. (4) “Sexual harassment” has the same meaning as described in Section 66262.5. (Added by Stats. 2024, Ch. 883, Sec. 3. (SB 1166) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66283. Source version: id_1fabf64e-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) This section shall be known, and may be cited, as Katie Meyer’s Law. (b) In order to receive state funds for student financial assistance, the governing board of each community college district, the Trustees of the California State University, the Board of Directors of the College of the Law, San Francisco, and the Regents of the University of California shall adopt a policy permitting a student to be assisted by an adviser if the student receives a notification of an alleged violation of the public postsecondary educational institution’s student code of conduct. The policy shall include all of the following: (1) The initial allegation letter that is received by the student shall include a clause informing the student of their right to select an adviser of their choice or to request the public postsecondary educational institution to provide an adviser to the student. (2) A public postsecondary educational institution may use any of the following to fulfill its obligation to provide an adviser to the student: (A) A confidential respondent services coordinator. (B) An agreement with a student-based peer support program. (C) An agreement with an alumni-based support program. (3) The adviser selected by the student or provided by the public postsecondary educational institution shall be provided training by the institution on the institution’s adjudication procedures for the alleged violation. The training may be provided in an online format, and is not required to, but may, have an in-person or interactive element. To the extent practical, institutions within each segment of public postsecondary education are encouraged to collaborate to develop a training that can be used by more than one institution in that segment. (4) An adviser, with written permission from the student, shall receive updates along with the student during the adjudication process of the alleged violation of the student code of conduct and shall participate in the process as an advocate for the student or in the role of adviser as authorized by Section 66281.8 and Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.). (c) For purposes of this section, the following definitions apply: (1) “Adjudication procedures” means a public postsecondary educational institution’s established process to determine if a student has violated the student code of conduct and the established process to respond when violations are sustained. (2) “Public postsecondary educational institution” means a community college, a campus of the California State University, a campus of the University of California, or the College of the Law, San Francisco. (3) “Segment of public postsecondary education” means the California Community Colleges, the California State University, or the University of California. (4) “Student code of conduct” means any rules or policies adopted by a public postsecondary educational institution on the expectations or standards of student behavior on campus, including, but not limited to, standards related to academics, athletics, and sex discrimination. (Added by Stats. 2024, Ch. 808, Sec. 1. (AB 1575) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 4. Sex Equity in Education [66271.5 - 66284] SECTION 66284. Source version: id_29fb9480-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=4. (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institutions of the state. (b) (1) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each public postsecondary educational institution shall adopt a written policy that, at a minimum, includes, but is not limited to, all of the following provisions: (A) If an administrator is required to relinquish tenure as a faculty member to become an administrator, then there shall be a provision prohibiting retreat rights if any of following have occurred: (i) The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and the employee is determined in a final administrative decision to have committed sexual harassment. (ii) The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and, before a final administrative decision is made, the employee resigns from their current position. (iii) The employee is the respondent in a sexual harassment complaint filed with the public postsecondary educational institution and the employee has entered into a settlement with the public postsecondary educational institution. (B) A provision requiring any administrator or supervisor who elects to provide an official letter of recommendation to an employee of the public postsecondary educational institution to consult with the appropriate entities to determine if the employee is a respondent in a sexual harassment complaint filed with the public postsecondary educational institution. (C) A provision prohibiting the supervisor or administrator from providing an official letter of recommendation, if it is determined the employee is a respondent in a sexual harassment complaint, and any of the following has occurred: (i) The employee is determined in a final administrative decision to have committed sexual harassment. (ii) Before a final administrative decision is made, and while an investigation is pending, the employee resigns from their current position. (iii) The employee enters into a settlement with the public postsecondary educational institution based on the allegations arising from the sexual harassment complaint. (2) Paragraph (1) does not prohibit a public postsecondary educational institution from adopting a policy on employees’ ineligibility for retreat rights that is more expansive than the provisions described in paragraph (1), provided that the provisions described in paragraph (1) are incorporated into the policy. (c) Notwithstanding Section 67400, in order to receive state financial assistance, as defined in Section 213, the appropriate governing board or body of each public postsecondary educational institution shall adopt a written policy on settlements and informal resolutions of complaints of sexual harassment in cases where the respondent is an employee of the public postsecondary educational institution. The written policy, at a minimum, shall include all of the following provisions: (1) A provision that prohibits a settlement, an informal resolution, or both, from being offered or entered into if any of following apply: (A) A complainant of the sexual harassment complaint filed against an employee respondent is a student. (B) An employee respondent is accused of committing sexual assault, sexual violence, or sexual battery. (C) The settlement or informal resolution includes a nondisclosure agreement. (2) A provision that requires the campus chief executive officer to approve informal resolutions. The campus chief executive officer shall not delegate that responsibility to a designee. (3) A provision that requires the campus chief executive officer to preliminarily approve all offers of sexual harassment settlements. The campus chief executive officer shall not delegate that responsibility to a designee. (4) A provision that requires the governing board of a community college district, the Trustees of the California State University, the Regents of the University of California, or the Board of Directors of the College of the Law, San Francisco, as applicable, to approve offers of sexual harassment settlements that have been preliminarily approved by the campus chief executive officer pursuant to paragraph (3). (d) For purposes of this section, the following definitions apply: (1) “Chief executive officer” means the president of a community college campus or a California State University campus, the chancellor of a University of California campus, or the dean of the College of the Law, San Francisco. (2) “Complainant” means an individual who is alleged to have been subjected to conduct that could constitute sexual or sex-based harassment. (3) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and a hearing, if a hearing is either required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) or federal regulations implementing those provisions, or is required by the public postsecondary educational institution’s written policy on sex discrimination, including sexual harassment, and related grievance processes. If a party has filed a timely grievance or appeal, “final administrative decision” means after the grievance or appeal decision has been issued. (4) “Informal resolution” means an agreement between a public postsecondary educational institution and a respondent and complainant for the purpose of resolving a complaint of sexual harassment before a final administrative decision is made. (5) “Public postsecondary educational institution” means any campus of the California Community Colleges, the California State University, the University of California, or the College of the Law, San Francisco. (6) “Respondent” means the person alleged to have engaged in prohibited conduct under Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681(a)(3)) or under a public postsecondary educational institution’s written policy on sex discrimination, including sexual or sex-based harassment. (7) “Retreat rights” means the ability of an administrator who was required to relinquish tenure as a faculty member to become an administrator to return to a faculty position if their administrative role comes to an end. (8) “Settlement” means an agreement between a public postsecondary educational institution and a respondent for the purpose of resolving a complaint of sexual harassment. “Settlement” does not include a settlement reached in a civil action brought by the respondent against the public postsecondary educational institution. (9) “Student” means a person who has gained admission and is matriculated at the public postsecondary educational institution. (Added by Stats. 2024, Ch. 813, Sec. 1. (AB 1905) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66290. Source version: id_fd3819c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. Prior to receipt of any state financial assistance or state student financial aid, a postsecondary educational institution shall provide assurance to the agency administering the funds, in the manner required by the funding agency, that each program or activity conducted by the postsecondary educational institution will be conducted in compliance with this chapter and all other applicable provisions of state law prohibiting discrimination on the basis of sex. A single assurance, not more than one page in length and signed by an appropriate responsible official of the postsecondary educational institution, may be provided for all the programs and activities conducted by a postsecondary educational institution. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66290.1. Source version: id_e3092d3a-ca2c-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) Beginning with the 2017–18 school year, each postsecondary educational institution in this state that claims an exemption pursuant to Section 901(a)(3) of the federal Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681(a)(3)) or has an exemption pursuant to Section 66271 shall disclose to current and prospective students, faculty members, and employees the basis for claiming or having the exemption and the scope of the allowable activities provided by the exemption. (b) The disclosure required in subdivision (a) shall be made in all of the following ways: (1) The disclosure shall be displayed in a prominent location of the campus or school site. “Prominent location” means that location, or those locations, in the main administrative building or other area where notices regarding the institution’s rules, regulations, procedures, and standards of conduct are posted. (2) The disclosure shall be included in written materials sent to prospective students seeking admission to the institution. (3) The disclosure shall be provided as part of orientation programs conducted for new students at the beginning of each quarter, semester, or summer session, as applicable. (4) The disclosure shall be provided to each faculty member, member of the administrative staff, and member of the support staff at the beginning of the first quarter or semester of each school year. The disclosure shall be provided to each new employee upon his or her hire. (5) The disclosure shall be included in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution. (Added by Stats. 2016, Ch. 888, Sec. 1. (SB 1146) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66290.2. Source version: id_67e52830-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) (1) Beginning with the 2017–18 school year, each postsecondary educational institution in this state that claims an exemption pursuant to Section 901(a)(3) of the federal Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681(a)(3)) shall submit to the Student Aid Commission copies of all materials submitted to, and received from, a state or federal agency concerning the granting of the exemption. (2) Beginning with the 2017–18 school year, each postsecondary educational institution in this state not described in paragraph (1) that has an exemption pursuant to Section 66271 shall submit to the Student Aid Commission its basis for having the exemption. (b) The Student Aid Commission shall collect the information received pursuant to subdivision (a) and post and maintain a list on the commission’s internet website of the institutions that have claimed the exemption with their respective bases for claiming or having the exemption. (c) Beginning with the 2026–27 school year, the Student Aid Commission shall provide a written notice to students who receive state financial aid regarding whether their postsecondary educational institution has an exception pursuant to subdivision (a) on file with the commission. The written notice shall inform students of their right to report discrimination to the United States Department of Education’s Office for Civil Rights, and shall include the contact information, including the telephone number, office location, and email address, for the United States Department of Education’s Office for Civil Rights. (Amended by Stats. 2024, Ch. 490, Sec. 3. (SB 1491) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66291. Source version: id_fd3819c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) A community college district shall submit timely, complete, and accurate compliance reports to the chancellor’s office, as that entity may require. (b) All reports submitted pursuant to this section shall be made available by the educational institution for public inspection during regular business hours. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66292. Source version: id_19f0fd8e-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) The governing board of each community college district and the chief executive officer of the community college district shall have joint responsibility for ensuring that programs and activities offered by the community college district are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5. (b) The office of the Chancellor of the California Community Colleges shall have responsibility for monitoring each community college district’s compliance with subdivision (a). (c) The office of the Chancellor of the California Community Colleges shall annually make a presentation during a public meeting of the Board of Governors on the state of the California Community Colleges system in ensuring that community college district programs and activities are free from discrimination based on the characteristics listed in Section 66270. The presentation shall include an overview of the chancellor’s office’s efforts in monitoring and ensuring the compliance of each district with providing programs and activities that are free from discrimination, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5. The presentation shall include an overview of how community college districts are complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386. (d) The office of the Chancellor of the California Community Colleges shall annually review the California Community Colleges system’s regulations on nondiscrimination and shall revise the regulations as necessary to ensure that all community college districts are offering programs and activities that are free from discrimination based on the characteristics listed in Section 66270. (e) The Chancellor of the California Community Colleges, or the chancellor’s designee, shall annually present during a public hearing of the Senate Budget and Fiscal Review Subcommittee No. 1 on Education the annual presentation described in subdivision (c). It is the intent of the Legislature that this presentation includes an overview of how the California Community Colleges are addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California Community Colleges system receives state student financial aid. (f) The Chancellor of the California Community Colleges, or the chancellor’s designee, shall annually present during a public hearing of the Assembly Budget Subcommittee No. 3 on Education Finance the annual presentation described in subdivision (c). It is the intent of the Legislature that the presentation includes an overview of how the California Community Colleges are addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California Community Colleges system receives state student financial aid. (g) As used in this section, “Board of Governors” means the Board of Governors of the California Community Colleges. (Amended by Stats. 2026, Ch. 79, Sec. 5. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66292.1. Source version: id_25d98b40-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) The president of each California State University campus shall have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5. (b) The Chancellor of the California State University shall have responsibility for monitoring the compliance of each California State University campus with subdivision (a). (c) The chancellor’s office shall annually present a report to the Board of Trustees on the state of the California State University system in ensuring that programs and activities are free from discrimination based on the characteristics listed in Section 66270. The report shall include an overview of the chancellor’s office’s efforts in monitoring and ensuring the compliance of each campus with providing programs and activities that are free from discrimination, including, but not limited to, sexual harassment as defined in Section 66262.5. The report shall include how each campus is complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386. (d) The Chancellor of the California State University, or the chancellor’s designee, shall annually present during a public hearing of the Senate Budget and Fiscal Review Subcommittee No. 1 on Education the report described in subdivision (c). It is the intent of the Legislature that the presentation includes an overview of how the California State University is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California State University system receives state student financial aid. (e) The Chancellor of the California State University, or the chancellor’s designee, shall annually present during a public hearing of the Assembly Budget Subcommittee No. 3 on Education Finance the report described in subdivision (c). It is the intent of the Legislature that the presentation includes an overview of how the California State University is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the California State University system receives state student financial aid. (f) As used in this section, the following definitions apply: (1) “Board of Trustees” means the Board of Trustees of the California State University. (2) “Chancellor’s office” means the office of the Chancellor of the California State University. (Amended by Stats. 2026, Ch. 79, Sec. 6. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66292.2. Source version: id_31b74282-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) The chancellor of each University of California campus shall have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on the characteristics listed in Section 66270, including, but not limited to, the prevention of sexual harassment as defined in Section 66262.5. (b) The President of the University of California, or the president’s designee, shall have the responsibility for monitoring the compliance of each University of California campus with subdivision (a). (c) The office of the President shall annually present a report to the Board of Regents on the state of the University of California system in ensuring that programs and activities are free from discrimination based on the characteristics listed in Section 66270. The report shall include an overview of the office of the President’s efforts in monitoring and ensuring compliance of each campus with providing programs and activities that are free from discrimination, including, but not limited to, sexual harassment as defined in Section 66262.5. The report shall include how each campus is complying with Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) and Sections 66281.5, 66281.8, 67385, 67385.7, and 67386. (d) The President of the University of California, or the president’s designee, shall annually present the report described in subdivision (c) during a public hearing of the Senate Budget and Fiscal Review Subcommittee No. 1 on Education. It is the intent of the Legislature that the presentation includes an overview of how the University of California is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the University of California system receives state student financial aid. (e) The President of the University of California, or the president’s designee, shall annually present the report described in subdivision (c) during a public hearing of the Assembly Budget Subcommittee No. 3 on Education Finance. It is the intent of the Legislature that the presentation includes an overview of how the University of California is addressing and preventing discrimination based on the characteristics listed in Section 66270 before the University of California system receives state student financial aid. (f) Section 67400 shall not apply to this section. (g) As used in this section, the following definitions apply: (1) “Board of Regents” means the Board of Regents of the University of California. (2) “Office of the President” means the office of the President of the University of California. (Amended by Stats. 2026, Ch. 79, Sec. 7. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66292.3. Source version: id_fd3819cd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a community college district or the president of a campus of the California State University, pursuant to this article, to the Board of Governors of the California Community Colleges or the Chancellor of the California State University, as applicable. (b) Persons who have filed a complaint, pursuant to this chapter, with an educational institution shall be advised by the educational institution that civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders, may also be available to complainants. The educational institution shall make this information available by publication in appropriate informational materials. (c) Nothing in this chapter shall be construed to require an exhaustion of the appeal to the Board of Governors of the California Community Colleges or to the Chancellor of the California State University pursuant to subdivision (a), before civil law remedies may be purchased. (d) Notwithstanding any other provision of law, a person who alleges that he or she is a victim of discrimination may not seek civil remedies pursuant to this section until at least 90 days have elapsed from the filing of a discrimination complaint with the local educational agency. The 90-day moratorium imposed by this subdivision does not apply to injunctive relief and is applicable only if the local educational agency has appropriately, and in a timely manner, apprised the complainant of his or her right to file a complaint. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66292.4. Source version: id_fd39a06f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. This chapter may be enforced through a civil action. (Added by Stats. 1998, Ch. 914, Sec. 49. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66293. Source version: id_9d198e12-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) Beginning after the date on which the United States Secretary of Education makes the online survey available to institutions, the office of the Chancellor of the California Community Colleges and the office of the Chancellor of the California State University shall, and the office of the President of the University of California is requested to, do all of the following: (1) Develop questions in consultation with experts to determine student perspectives on campus climate. (2) Consult with student organizations and trauma experts, including, but not limited to, nonprofit organizations with expertise in campus climate, so that the questions developed pursuant to paragraph (1) incorporate trauma-informed language. (3) Submit the questions developed pursuant to paragraph (1) to the United States Secretary of Education for review and approval to be incorporated into the online survey. (b) Beginning one year after the date on which the United States Secretary of Education makes the online survey available to institutions, and every two years thereafter, the office of the Chancellor of the California Community Colleges and the office of the Chancellor of the California State University shall, and the office of the President of the University of California is requested to, submit a report on the published campus-level results from the online survey to the Assembly Committee on Higher Education and the Senate Committee on Education. (c) For purposes of this section, the following definitions apply: (1) “Campus climate” means a measure of an individual’s experience within a learning environment, specifically focusing on the current attitudes, practices, and behaviors of campus life that impact the success and retention of all members of a campus community. (2) “Institutions” means campuses of the California Community Colleges, the California State University, and the University of California. (3) “Online survey” means the online survey tool for campus safety established by Section 1507 of Title III of Division H of Public Law 117–103. (Added by Stats. 2022, Ch. 928, Sec. 1. (AB 1712) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 4.5. Equity in Higher Education Act [66250 - 66294] ARTICLE 5. Compliance and Enforcement [66290 - 66294] SECTION 66294. Source version: id_345d8132-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=4.5.&article=5. (a) On or before July 1, 2026, the California State University shall implement the recommendations provided in the California State Auditor Report 2022-109, dated July 18, 2023, including, but not limited to, by doing all of the following: (1) Developing standardized guidelines for all formal investigations into allegations of sexual harassment by each California State University campus and the chancellor’s office, including how to perform and structure the analysis to establish whether sexual harassment has occurred. (2) Developing a policy for each California State University campus and the chancellor’s office that ensures they are able to maintain a process for tracking key dates related to the timeliness of all sexual harassment cases and conducting investigations in a timely manner. (3) Establishing systemwide requirements for each California State University campus and the chancellor’s office to address conduct that is unprofessional but does not meet the threshold of sexual harassment. (4) Developing a policy to ensure current and former employees found to have engaged in sexual harassment, including those who have received less severe discipline than termination, such as suspension or demotion, are not given official positive references for employment. (5) Requiring that each California State University campus and the chancellor’s office use the same case management system and track data consistently in their files for each sexual harassment case. (6) Issuing comprehensive best practices, including how campuses should survey their communities and increase awareness of options for reporting sexual harassment for each California State University campus. (7) Requiring the chancellor’s office to conduct regular compliance reviews of each California State University campus to determine whether they are complying with the law, California State University policy, and best practices in regards to sexual harassment policy. (b) (1) The California State University shall submit an initial report on or before July 1, 2025, and a final report on or before December 1, 2026, to the Legislature, the Assembly Committee on Higher Education, the Joint Legislative Audit Committee, and the Senate Committee on Education on the status of implementing the California State Auditor recommendations, including, if completed at the time of the report, any summarized results from the campus compliance reviews conducted pursuant to paragraph (7) of subdivision (a), and identification of any systemic issues the California State University has in meeting the recommendations of the California State Auditor Report 2022-109, dated July 18, 2023. (2) The final report required pursuant to paragraph (1) may be included as part of the annual report required by Section 66282. (3) Reports submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (c) For purposes of this section, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California State University. (2) “Sexual harassment” means the same as defined in Section 66262.5. (Added by Stats. 2024, Ch. 86, Sec. 1. (AB 1790) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5. Rules of Student Conduct [66300 - 66303] SECTION 66300. Source version: id_6eb7fd18-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.&article= (a) The Regents of the University of California, the Trustees of the California State University, and the governing board of every community college district, shall adopt or provide for the adoption of specific rules and regulations governing student behavior along with applicable penalties for violation of the rules and regulations. The institutions shall adopt procedures by which all students are informed of these rules and regulations, with applicable penalties, and any revisions thereof. (b) In adopting the rules and regulations governing student behavior pursuant to subdivision (a), the Regents of the University of California and the Trustees of the California State University shall place in the highest priority the health, safety, and well-being of the campus community and shall, on or before July 1, 2026, adopt, or provide for the adoption of, rules and regulations governing student behavior as follows: (1) Students receiving medical treatment for the personal use of drugs or alcohol shall not be subject to disciplinary action with respect to the use of drugs or alcohol in violation of the rules and regulations governing student behavior adopted pursuant to subdivision (a) if they complete an appropriate rehabilitation program, as described in subdivision (d). (2) Students described in paragraph (1) who violate rules and regulations for drug or alcohol use shall be offered the chance to complete an appropriate rehabilitation program, as described in subdivision (d). (c) Subdivision (b) shall not apply to students who receive medical treatment for personal use of drugs or alcohol and are subject to a disciplinary sanction or sanctions for additional violations of rules and regulations governing student behavior adopted pursuant to subdivision (a). (d) In order for the prohibition on disciplinary action pursuant to subdivision (b) to apply to a student related to that student’s violation of the institution’s rules and regulations on drug and alcohol use, the student shall, pursuant to Section 1011i of Title 20 of the United States Code, be required to participate in an appropriate rehabilitation program within the timeframe set by the campus administrator overseeing student disciplinary actions. If the student does not complete the appropriate rehabilitation program, they shall be subject to disciplinary action in accordance with the institution’s rules and regulations governing student behavior. (e) Nothing in this section shall prohibit the institution from including information about the appropriate rehabilitation program completed pursuant to subdivision (d) and the exemption from disciplinary action provided pursuant to subdivision (b) in a student’s administrative file. (f) The prohibition on disciplinary action for drug and alcohol use described in paragraph (1) of subdivision (b), and the requirement that the student be offered the chance to complete an appropriate rehabilitation program, as described in paragraph (2) of subdivision (b), shall only apply to a student once in an academic semester, quarter, or term, as defined by the campus. For subsequent violations of rules and regulations related to drug and alcohol use in the same academic semester, quarter, or term, the institution shall subject the student to disciplinary proceedings, at the conclusion of which the institution may impose disciplinary action or offer the student the chance to complete an appropriate rehabilitation program, as that term is described in subdivision (d). (g) It is the intent of the Legislature for a campus of the California State University and the University of California to provide restorative justice practices for disciplinary proceedings for violations of the institution’s rules and regulations related to drug and alcohol use, when deemed appropriate based on the totality of circumstances. (h) This section does not in any way modify or affect the requirements under state or federal law for the reporting of crimes that occur on campus as it pertains to drug possession, drug manufacturing, drug distribution, and drug use. (i) For purposes of this section, “appropriate rehabilitation program” means an appropriate counseling, treatment, rehabilitation, or other diversion program, and may include, but is not limited to, participating in meetings with a school counselor or attending a drug education group. (Amended by Stats. 2025, Ch. 159, Sec. 1. (AB 602) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5. Rules of Student Conduct [66300 - 66303] SECTION 66301. Source version: id_c8ebbc3a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.&article= (a) Neither the Regents of the University of California, the Trustees of the California State University, the governing board of a community college district, nor an administrator of any campus of those institutions, shall make or enforce a rule subjecting a student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution. (b) A student enrolled in an institution, as specified in subdivision (a), at the time that the institution has made or enforced a rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon a motion, a court may award attorney’s fees to a prevailing plaintiff in a civil action pursuant to this section. (c) This section does not authorize a prior restraint of student speech or the student press. (d) This section does not prohibit the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected. (e) This section does not prohibit an institution from adopting rules and regulations that are designed to prevent hate violence, as defined in subdivision (a) of Section 4 of Chapter 1363 of the Statutes of 1992, from being directed at students in a manner that denies them their full participation in the educational process, if the rules and regulations conform to standards established by the First Amendment to the United States Constitution and Section 2 of Article I of the California Constitution for citizens generally. (f) An employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in conduct authorized under this section, or refusing to infringe upon conduct that is protected by this section, the First Amendment to the United States Constitution, or Section 2 of Article I of the California Constitution. (Amended by Stats. 2008, Ch. 525, Sec. 4. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5. Rules of Student Conduct [66300 - 66303] SECTION 66302. Source version: id_8f9d4f18-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.&article= (a) The Trustees of the California State University and the governing board of each community college district shall adopt and publish policies on harassment, intimidation, and bullying, and shall include these policies within the rules and regulations governing student behavior within their respective segments of public postsecondary education. (b) It is the intent of the Legislature that rules and regulations governing student conduct be published, at a minimum, on the internet website of each public postsecondary educational campus and as part of any printed material covering those rules and regulations within the respective public postsecondary education system. (c) The University of California is requested to comply with this section. This section shall apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make it applicable. (Amended by Stats. 2024, Ch. 490, Sec. 4. (SB 1491) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5. Rules of Student Conduct [66300 - 66303] SECTION 66302.5. Source version: id_e9c99419-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.&article= The Trustees of the California State University shall provide, and the Regents of the University of California are requested to provide, as a part of established campus orientations, educational and preventive information about cyberbullying to students at all campuses of their respective segments. (Added by Stats. 2019, Ch. 146, Sec. 1. (SB 366) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5. Rules of Student Conduct [66300 - 66303] SECTION 66303. Source version: id_e40fedde-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.&article= For purposes of promoting peaceful campus demonstrations, the Trustees of the California State University shall require each campus of the California State University to designate an individual to serve as a liaison between campus law enforcement agencies and students exercising rights guaranteed by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution, or both. The Regents of the University of California are requested to designate an individual at each campus of the University of California to serve as a liaison between campus law enforcement agencies and students exercising rights guaranteed by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution, or both. (Added by Stats. 2012, Ch. 581, Sec. 1. (AB 1955) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.1. Stop Campus Hazing Act [66305 - 66309] SECTION 66305. Source version: id_0a751f04-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.1.&article= This chapter shall be known, and may be cited, as the Stop Campus Hazing Act. (Added by Stats. 2024, Ch. 704, Sec. 2. (AB 2193) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.1. Stop Campus Hazing Act [66305 - 66309] SECTION 66306. Source version: id_0a751f06-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.1.&article= Unless the context otherwise requires, for purposes of this chapter, the following definitions shall apply: (a) “Affiliated” means currently recognized or sanctioned by the educational institution through its official student organization application process. For purposes of this chapter, an organization that had previously been recognized or sanctioned by the educational institution but has subsequently had that recognition or sanction withdrawn or revoked by the educational institution shall not be considered affiliated. (b) “Educational institution” means a public or private institution of higher education in the state. The term includes the officers, employees, or governing bodies of the institution, when acting in their official capacity. (c) “Hazing” means any method of initiation or preinitiation into an affiliated student organization or student body, which the initiator knows or should have known is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. The term “hazing” does not include customary athletic events or school-sanctioned events. (Added by Stats. 2024, Ch. 704, Sec. 2. (AB 2193) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.1. Stop Campus Hazing Act [66305 - 66309] SECTION 66307. Source version: id_0a754618-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.1.&article= No person shall be subjected to hazing in any program or activity conducted by any educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. (Added by Stats. 2024, Ch. 704, Sec. 2. (AB 2193) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.1. Stop Campus Hazing Act [66305 - 66309] SECTION 66308. Source version: id_74d3b59a-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.1.&article= (a) Beginning January 1, 2026, a former, current, or prospective student, against whom hazing is directed and who has suffered injury as a result, may commence a civil action for damages. In addition to bringing an action against any participants in the hazing or the organization pursuant to subdivision (e) of Section 245.6 of the Penal Code, an action may be brought against any educational institution for the hazing practice of the organization involving one or more students if all of the following apply: (1) The educational institution had direct involvement in the hazing practice of the organization, or knew or should have known of the hazing practice and failed to take reasonable steps to prevent the hazing practice of the organization. (2) At the time of the alleged hazing incident, the organization involved in the hazing is affiliated with the educational institution. (3) The alleged hazing incident occurred on or after January 1, 2026. (b) For purposes of paragraph (1) of subdivision (a), there shall be a rebuttable presumption that an educational institution took reasonable steps to prevent the hazing practice of the organization if the educational institution has all of the following: (1) (A) Rules and regulations governing student behavior that include a prohibition on hazing, anonymous reporting of hazing incidents, and disciplinary actions for the violation of the hazing prohibition. (B) Procedures by which all students are informed of the rules and regulations, with applicable penalties, and any revisions to the rules and regulations. (2) (A) Rules and regulations governing employee behavior that include a prohibition on hazing and disciplinary actions for the violation of the hazing prohibition. (B) Procedures by which all employees are informed of the rules and regulations, with applicable penalties, and any revisions to the rules and regulations. (3) (A) A comprehensive prevention and outreach program addressing hazing. The comprehensive prevention program shall include components on identifying hazing, hazing prevention, and bystander intervention strategies. An outreach program shall be provided to inform students of the educational institution’s policy on the prohibition on hazing, and, at a minimum, include a process for contacting and informing the student body, athletic programs, and affiliated student organizations about the educational institution’s overall prohibition on hazing policy. For purposes of this paragraph, “comprehensive prevention and outreach program” includes, but is not limited to, providing information to students about all of the following: (i) Hazing awareness, prevention, and the educational institution’s policy on the prohibition on hazing. (ii) Campus policies and resources relating to hazing, including how to report hazing to the appropriate campus personnel, which includes anonymous reporting. (iii) A focus on prevention and bystander intervention training as it relates to hazing. (B) The comprehensive prevention and outreach program to address hazing shall be part of every incoming student’s orientation and shall be offered annually to the following campus-affiliated organizations: (i) Athletic teams. (ii) Affiliated sororities and fraternities. (c) Notwithstanding the provisions of this section, nothing in this section affects existing rights, obligations, and remedies under Section 245.6 of the Penal Code. (d) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under any other law and shall not be construed to relieve any party from any duties or obligations imposed under any other law, and do not limit any rights or remedies under existing law. (Amended by Stats. 2025, Ch. 67, Sec. 64. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.1. Stop Campus Hazing Act [66305 - 66309] SECTION 66309. Source version: id_0a75461c-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.1.&article= (a) On or before June 30, 2026, and on or before June 30 of each year thereafter, the Trustees of the California State University, the Regents of the University of California, and each independent institution of higher education that is a “qualifying institution,” as defined in subdivision (l) of Section 69432.7, shall report to the appropriate policy committees of the Legislature the number of hazing incidents that constituted a violation of the institution of higher education’s policy prohibiting hazing and whether the violation was affiliated with a student organization. The report shall be disaggregated by campus. (b) Notwithstanding any other requirement of this section, a report required pursuant to this section shall comply with all applicable state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (c) As used in this section, the following definitions apply: (1) “Hazing” means any method of initiation or preinitiation into an affiliated student organization or student body, which the initiator knows or should have known is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in this state. “Hazing” does not include customary athletic events or school-sanctioned events. (2) “Student organization” means either of the following: (A) A conference-based competitive program at the institution of higher education. (B) A sorority or fraternity that has officially met the formal chartering and recognition requirements at the institution of higher education where it operates and remains in good standing at the time of the alleged hazing incident. (Added by Stats. 2024, Ch. 704, Sec. 2. (AB 2193) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.2. Campus-Recognized Sorority and Fraternity Transparency Act [66310 - 66312] SECTION 66310. Source version: id_1dce1f22-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.2.&article= This chapter shall be known, and may be cited, as the Campus-Recognized Sorority and Fraternity Transparency Act. (Added by Stats. 2022, Ch. 268, Sec. 1. (AB 524) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.2. Campus-Recognized Sorority and Fraternity Transparency Act [66310 - 66312] SECTION 66312. Source version: id_1dce1f24-70e6-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.2.&article= (a) As used in this chapter, the following definitions apply: (1) “Academic year” has the same meaning as in Section 69432.7. (2) (A) “Campus-recognized sorority or fraternity” means a sorority or fraternity that has officially met the formal chartering and recognition requirements at the institution where it operates. (B) As used in this chapter, this definition does not include a collegiate honor society. (3) “Chapter house” means any residence located on or off campus that is owned by the institution of higher education but occupied by a campus-recognized sorority or fraternity, or any residence located on or off campus that is owned and occupied by the campus-recognized sorority or fraternity. (4) “Institution of higher education” or “institution” means a campus of the California Community Colleges, the California State University, or the University of California, a private postsecondary educational institution, or an independent institution of higher education. (5) “Misconduct” means any conduct in violation of institutional policies reportable under Section 1092(f)(1)(F)(i)(II) and (IX) of Title 20 of the United States Code, as it read on January 1, 2022, or hazing as defined in subdivision (b) of Section 245.6 of the Penal Code. (6) “Participating sorority or fraternity” means a sorority or fraternity described in subdivision (c). (7) “Sanctioned event” means any event in which one of the following occurs: (A) The institution deems the event to be sanctioned by a fraternity or sorority according to their campus policies and practices. (B) The name of a campus-recognized sorority or fraternity or participating sorority or fraternity is used to market or publicize the event. (C) The name of a campus-recognized sorority or fraternity or participating sorority or fraternity is displayed at the event. (D) Official funds of a campus-recognized sorority or fraternity or participating sorority or fraternity are used for the purchase and reimbursement of food, beverages, supplies, venue-related costs, publicity, party rentals, damages or cleanup fees, or any other costs associated with the event. (E) A campus-recognized sorority or fraternity or participating sorority or fraternity, or a benefactor officially affiliated with the sorority or fraternity, receives any portion of funds raised from attendance fees, ticket sales, or other forms of admission fees associated with the event. (b) Notwithstanding Section 67400, each institution of higher education shall include in the institution’s requirements for campus recognition of each campus-recognized sorority or fraternity, both of the following requirements: (1) (A) A requirement that the campus-recognized sorority or fraternity shall submit to the institution on or before July 1, 2023, and annually thereafter, all of the following: (i) The number of active members in the campus-recognized sorority or fraternity. (ii) The number of new members added to the campus-recognized sorority or fraternity. (iii) The average grade point average of the membership of the campus-recognized sorority or fraternity. (iv) The average grade point average of new members of the campus-recognized sorority or fraternity. (v) The number of community service hours the campus-recognized sorority or fraternity completed as an organization. (vi) The total amount of money fundraised by the campus-recognized sorority or fraternity. (vii) The current recognition status of the campus-recognized sorority or fraternity, as determined by the institution. (viii) The current conduct status of the campus-recognized sorority or fraternity, as determined by the institution. (ix) The addresses of all chapter houses affiliated with the campus-recognized sorority or fraternity. (x) The location, date, and time of any sanctioned event. (xi) Any additional information the institution may require. (B) Unless otherwise specified, the information collected pursuant to subparagraph (A) shall be for the academic year immediately preceding the reporting deadline. (2) A requirement that any campus-recognized sorority or fraternity that does not comply with paragraph (1) be suspended from campus recognition. (c) A sorority or fraternity that satisfies both of the following is encouraged to comply with the reporting requirements of subdivision (b): (1) The sorority or fraternity has more than 50 percent of its members enrolled at the institution of higher education. (2) The sorority or fraternity is not recognized as an affiliated sorority or fraternity of the institution by the official authorizing body of that institution. (d) (1) (A) The institution shall compile and maintain the information collected pursuant to subdivisions (b) and (c) into a publicly accessible report published on each campus Greek Life internet homepage or its equivalent in a prominent location on or before October 1, 2023, and annually thereafter. The report shall include a list of available mental health resources and the residence addresses of all campus-recognized sorority and fraternity chapter houses. Each annual report shall be available on the campus Greek Life internet homepage or its equivalent for a minimum of 10 years. (B) The institution shall send the report for the academic year immediately preceding the reporting deadline through a campuswide email to all enrolled students on or before October 1, 2023, and annually thereafter. (2) An institution that does not have any campus-recognized sorority or fraternity or participating sorority or fraternity shall be exempt from the reporting requirement of this subdivision. (3) The institution of higher education shall include in the annual report the following for each campus-recognized sorority and fraternity and participating sorority or fraternity described in subdivision (c) for the academic year immediately preceding the reporting deadline: (A) The number of citations, or disciplinary actions taken, relating to misconduct at a chapter house or sanctioned event. (B) The addresses of chapter houses and sanctioned events and names of sororities and fraternities where misconduct occurred. (4) Notwithstanding any other requirement of this section, a report required pursuant to this subdivision shall comply with all applicable state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (Added by Stats. 2022, Ch. 268, Sec. 1. (AB 524) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.5. Business Ethics [66350 - 66353] SECTION 66350. Source version: id_fd3b2619-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.5.&article= This chapter shall be known and may be cited as the Social Responsibility Business Leadership Initiative Act of 2003. (Added by Stats. 2003, Ch. 599, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.5. Business Ethics [66350 - 66353] SECTION 66351. Source version: id_fd3b261b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.5.&article= The Legislature finds and declares all of the following: (a) Ethics in business are vital to the economic well-being of the state. (b) Corporate malfeasance is contrary to the long-term economic viability of the state. (c) California’s public and private higher education institutions have the opportunity to act as a catalyst in creating a new generation of elite business leaders that work to create a sustainable, ethical, and socially responsible global community. (d) It is, therefore, the intent of the Legislature to establish the Social Responsibility Business Leadership Initiative to prepare and inspire California business graduates to apply their business skills to enhance the productivity of the state, and integrate the discipline of corporate responsibility into the general management core. (Added by Stats. 2003, Ch. 599, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.5. Business Ethics [66350 - 66353] SECTION 66353. Source version: id_fd3b261f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.5.&article= (a) The Golden State Business and Social Responsibility Award is hereby established. The award shall honor students who complete graduate business programs at California’s public and private institutions of higher education, and show a commitment to socially responsible leadership. (b) A participating institution of higher education may affix the seal of the Senate, the Assembly, or the Governor on the diploma or transcript of a qualifying student. (c) A student who meets both of the following requirements shall qualify for an award: (1) The completion of two ethics courses in business. (2) The demonstration of a commitment to social responsibility by completing a minimum of 50 hours of community service. (d) Institutional participation in the Golden State Business and Social Responsibility awards is voluntary. An institution of higher education shall be responsible for any costs it incurs in participating in the award program. (Added by Stats. 2003, Ch. 599, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.7. Gene Synthesis Providers [66360 - 66361] SECTION 66360. Source version: id_cc2bc48a-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.7.&article= For the purposes of this chapter, the following terms apply: (a) “Gene synthesis equipment” means equipment needed to produce gene synthesis products that is not readily used for any other purpose. (b) “Gene synthesis product” is double-stranded DNA (dsDNA), double-stranded nucleic acids, RNA, or oligonucleotides, designed and created without an existing DNA template. (c) (1) “Gene synthesis provider” means an entity that does any of the following: (A) An entity that creates gene synthesis products for delivery to a customer. (B) A distributor of gene synthesis products, including, but not limited to, entities who manufacture gene synthesis products for use by other parties, both inside and outside of the entity. (C) A third-party entity that is not the end user of a gene synthesis product and does not make gene synthesis products, but otherwise fills, completes, modifies, or purifies gene synthesis products. (2) “Gene synthesis provider” does not include a research scientist making gene synthesis products for the research scientist’s own use or for use by another research scientist or an entity that manufactures gene synthesis products for the entity’s own use. (Added by Stats. 2022, Ch. 179, Sec. 1. (AB 1963) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 5.7. Gene Synthesis Providers [66360 - 66361] SECTION 66361. Source version: id_cc2bc48c-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=5.7.&article= (a) The California State University shall, and the University of California is requested to, develop systemwide guidance for purchasing gene synthesis equipment or gene synthesis products from gene synthesis providers who prevent the misuse of synthetic genes and safeguard the benefits of gene synthesis technology while minimizing risk. (b) The California State University shall, and the University of California is requested to, consider including International Gene Synthesis Consortium (IGSC) criteria in their guidance. (Added by Stats. 2022, Ch. 179, Sec. 1. (AB 1963) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66400. Source version: id_fd3cacc3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= No person shall prepare, offer to prepare, cause to be prepared, sell, or otherwise distribute any term paper, thesis, dissertation, or other written material for another person, for a fee or other compensation, with the knowledge, or under circumstances in which he should reasonably have known, that such term paper, thesis, dissertation, or other written material is to be submitted by any other person for academic credit at any public or private college, university, or other institution of higher learning in this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66401. Source version: id_fd3cacc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= No person shall make or disseminate, with the intent to induce any other person to enter into any obligation relating thereto, any statement, written or oral, that he will prepare, cause to be prepared, sell, or otherwise distribute any term paper, thesis, dissertation, or other written material, for a fee or other compensation, for or on behalf of any person who has been assigned the written preparation of such term paper, thesis, dissertation, or other written material for academic credit at any public or private college, university, or other institution of higher learning in this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66402. Source version: id_fd3cacc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= Any court of competent jurisdiction is hereby authorized to grant such relief as is necessary to enforce the provisions of this chapter, including the issuance of an injunction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66403. Source version: id_fd3cacc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= Actions for injunction under the provisions of this chapter may be brought in the name of the people of the State of California upon their own complaint or upon the complaint of any person, or in the name of any public or private college, university, or other institution of higher learning, acting for the interest of itself, its students, or the general public. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66404. Source version: id_fd3caccb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= The provisions of this chapter are not exclusive. Nothing in this chapter shall be construed to preempt or in any other way limit, diminish, or imply the absence of rights of any party, public or private, against any person in connection with any of the acts described in Section 66400 or Section 66401. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66405. Source version: id_fd3e336d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= As used in this chapter, “person” means any individual, partnership, corporation, limited liability company, or association. As used in this chapter, “prepare” means to put into condition for intended use. “Prepare” does not include the mere typing or assembling of papers, nor the mere furnishing of information or research. (Amended by Stats. 1994, Ch. 1010, Sec. 97. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66406. Source version: id_994e126b-fce9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= (a) The Legislature finds and declares that the production and pricing of college textbooks deserves a high level of attention from educators and lawmakers because they impact the quality and affordability of higher education. (b) Consistent with Section 133 of Title I of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1015b), the state urges textbook publishers to do all of the following: (1) “Unbundle” the instructional materials to give students the option of buying textbooks, CD-ROMs, and workbooks “à la carte” or without additional materials. (2) Post in a prominent location on the publishers’ Internet Web sites, where it is readily available to college faculty, students, and departments, both of the following types of information: (A) A list of all of the different products they sell, including both bundled and unbundled options, and the net price of each product. (B) A detailed description of how the newest edition differs from the previous edition, including an initial summary of content changes such as reordered, renamed, added, or deleted chapters. The description shall detail changes in each chapter, including but not limited to, additions, subtractions, and revisions. The description shall apply to changes in text, illustrations, statistics, graphics, and any other component of the chapter. The state urges online textbook sellers to add to their Internet Web sites links to the publishers’ descriptions established pursuant to this subparagraph. (3) Give preference to paper or online supplements to current editions rather than producing entirely new editions. (4) Disclose to faculty the length of time they intend to produce the current edition so that professors know how long they can use the same book. (5) Provide to faculty a free copy of each textbook selected by faculty for use in the classroom for placement on reserve in the campus library. (c) The Trustees of the California State University and the Board of Governors of the California Community Colleges shall, and the Regents of the University of California are requested to, accomplish all of the following: (1) Work with the academic senates of each respective segment to do all of the following: (A) Encourage faculty to give consideration to the least costly practices in assigning textbooks, varying by discipline, such as adopting the least expensive edition when the educational content is equal, and using a selected textbook as long as it is educationally sound, as determined by the appropriate faculty. (B) Encourage faculty to disclose both of the following to students: (i) How new editions of textbooks are different from the previous editions. (ii) The cost to students for textbooks selected for use in each course. (C) Review procedures for faculty to inform college and university bookstores of textbook selections. (D) Encourage faculty to work closely with publishers and college and university bookstores in creating bundles and packages if they are economically sound and deliver cost savings to students, and if bundles and packages have been requested by faculty. Students should have the option of purchasing textbooks and other instructional materials that are “unbundled.” (2) Require college and university bookstores to work with the academic senates of each respective campus to do both of the following: (A) Review issues relative to timelines and processes involved in ordering and stocking selected textbooks. (B) Work closely with faculty or publishers, or both, to create bundles and packages that are economically sound and deliver cost savings to students. (3) Encourage college and university bookstores to disclose retail textbook costs, on a per course basis, to faculty, and make this information otherwise publicly available. (4) Encourage campuses to provide as many forums for students to have access to as many used books as possible, including, but not necessarily limited to, all of the following: (A) Implementing campus-sponsored textbook rental programs. (B) Encouraging students to consider on-campus and online book swaps so that students may buy and sell used books and set their own prices. (C) Encouraging students to consider student book lending programs. (D) Encouraging college and university bookstores that offer book buyback programs to actively promote and publicize these programs. (E) Encouraging the establishment of textbook rental programs and any other appropriate approaches to providing high-quality materials that are affordable to students. (d) It is the intent of the Legislature to encourage private colleges and universities to work with their respective academic senates and to encourage faculty to consider practices in selecting textbooks that will result in the lowest costs to students. (Amended by Stats. 2018, Ch. 214, Sec. 1. (AB 2385) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66406.5. Source version: id_600497f2-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= The Trustees of the California State University shall, and the Regents of the University of California are requested to, review each respective segment’s student transfer policies, and to revise those policies, to ensure that faculty may choose a textbook selected for a transfer or general education course, regardless of publication date, for as long as the textbook is available to students and the information contained in the textbook is current and reflects contemporary thinking in the discipline. (Added by Stats. 2010, Ch. 549, Sec. 1. (AB 2203) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66406.7. Source version: id_088c2370-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= (a) This section shall be known and may be cited as the College Textbook Transparency Act. (b) As used in this section, the following terms have the following meanings: (1) “Adopter” means any faculty member or academic department or other adopting entity at an institution of higher education responsible for considering and choosing course materials to be used in connection with the accredited courses taught at that institution. (2) “Complimentary copies” or “review course materials” only includes books that in all appearances are the same as the regular student edition of the textbook, and contain no material other than that found in the regular student edition of the textbook. (3) “Instructor copies” or “complimentary teacher editions” means books with information that is meant to be for the exclusive use of teachers and not for students. These books contain answers and solutions, test questions, and pedagogical techniques, and are often labeled instructor’s edition or instructor’s manuals. (4) “New edition of textbook” means a subsequent version of an earlier standard textbook. A standard textbook is the primary, full, and unabridged edition of a textbook. An abridged, alternate format, or alternate version of a standard textbook shall not be considered a new edition. (5) “Publisher” means any publishing house, publishing firm, or publishing company that publishes textbooks or other course materials, specifically designed for postsecondary instruction. (6) “Textbook” means a book that contains printed material and is intended for use as a source of study material for a class or group of students, a copy of which is expected to be available for the use of each of the students in that class or group. “Textbook” does not include a novel. (7) “Unsolicited complimentary copies” means all items described in paragraph (2) and that were not requested by faculty but are sent by the publisher unsolicited by a faculty or staff member. (c) (1) Adopters are encouraged to consider cost in the adoption of textbooks. (2) Publishers shall facilitate the work done by adopters by providing transparency in the adoption process and shall be responsive in a timely manner to requests for information on textbook cost and content, and the full range of options. (d) (1) On or after January 1, 2010, the publisher of a textbook shall print on the outer cover of, or within, the standard textbook, both of the following items: (A) For any new editions of textbooks initially published on or after January 1, 2010, a summary of the substantive content differences between the new edition and the prior edition. (B) The copyright date of the previous edition of the textbook. (2) For instructor copies or complimentary teacher editions, it shall be noted on the exterior of the book that the book is an instructor’s copy and is not for resale. (e) (1) A publisher, or agent or employee of a publisher, of textbooks intended for use at a postsecondary educational institution shall respond to a request from an adopter for any of the following: (A) A list of the products offered for sale by that publisher that are relevant to the needs and interests of adopters. (B) The price at which the new book is available from the publisher. (C) The copyright date of any prior edition of a textbook, if available. (D) A list of the substantial content differences or changes made between the current edition initially published on or after January 1, 2010, and the previous edition of the textbook, including, but not necessarily limited to, new chapters, additional eras of time, new themes, or new subject matter. (2) The information described in this subdivision shall be available in print or electronically to the adopter. (f) Each campus bookstore at any public postsecondary educational institution shall post in its store or on its Internet Web site a disclosure of its retail pricing policy on new and used textbooks. (g) Each public postsecondary educational institution shall encourage adopters with course material selection responsibilities to place their orders with sufficient lead time, whenever possible, to enable the university-managed bookstore or contract-managed bookstore to confirm the availability of the requested materials. (h) This section does not limit the authority of faculty over decisions relating to the selection of textbooks. (i) An adopter at an institution of higher education shall not demand or receive anything of value, including the donation of equipment or goods, any payment, loan, advance, or deposit of money, present or promised, for adopting specific course materials required for coursework or instruction, except that an employee may receive any of the following: (1) Complimentary copies, review course materials, or instructor copies. The adopters shall not sell instructor copies. (2) Royalties or other compensation from sales of course materials that include the instructor’s writing or other work. Receipt of these royalties or compensation is subject to the employer’s standing policies or collective bargaining agreements relating to employee conflicts of interest. (3) Honoraria for academic peer review of course materials. Receipt of honoraria is subject to the employer’s standing policies relating to employee conflicts of interest. (4) Training in the use of course materials and course technologies. Payment for travel and lodging and or meals shall be subject to the employer’s standing polices relating to employee conflicts of interest and compensation. (j) A publisher or campus bookstore shall not solicit faculty for the purpose of the sale of instructor copies or complimentary teachers editions of textbooks that have been provided by a publisher at no charge to a faculty member or other employee. This subdivision does not apply to unsolicited complimentary copies. (k) A campus bookstore shall not engage in any trade of any course material marked, or otherwise identified, as instructor copies or complementary teachers editions of textbooks. (l) Any self-published textbook by an instructor for use with that instructor’s class shall be exempt from this section, if the instructor discloses the publishing and use of those materials to his or her employer institution. (Added by Stats. 2007, Ch. 574, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66406.9. Source version: id_733f23f7-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= (a) Each campus of the California Community Colleges and the California State University shall, and each campus of the University of California is requested to, do all of the following: (1) (A) Clearly highlight, by means that may include a symbol or logo in a conspicuous place on the online campus course schedule, the courses that exclusively use digital course materials that are free of charge to students and may have a low-cost option for print versions. (B) The digital course materials described in subparagraph (A) may include open educational resources, institutionally licensed campus library materials that all students enrolled in the course have access to use, and other properly licensed and adopted materials. Each campus of the California State University, each participating campus of the University of California, and each community college district shall ensure that these materials comply with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the federal Copyright Act of 1976 (Public Law 94-553). (2) Clearly communicate to students that the digital course materials used for the courses identified pursuant to paragraph (1) are free of charge and therefore not required to be purchased. (3) Prominently display, by means that may include a link to a separate internet web page, the estimated costs for each course of all required course materials and fees directly related to those materials, for no less than 40 percent by January 1, 2025, 55 percent by January 1, 2026, 65 percent by January 1, 2027, and 75 percent by January 1, 2028, of the total number of courses on the online campus course schedule for which a faculty member or course instructor has been assigned. “Course materials” as used in this paragraph includes digital or physical textbooks, devices such as calculators and remote attendance platforms, and software subscriptions. (b) For purposes of this section, the following terms have the following meanings: (1) “Course schedule” is a collection of available classes, course sections, or both, published electronically, before the start of an academic term. (2) “Open educational resources” are high-quality teaching, learning, and research resources that reside in the public domain or have been released under an intellectual property license, such as a Creative Commons license, that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students. “Open educational resources” include, but are not limited to, full courses, course materials, modules, textbooks, faculty-created content, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge. (c) This section shall become operative on July 1, 2024. (Repealed (in Sec. 1) and added by Stats. 2023, Ch. 660, Sec. 2. (AB 607) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66407. Source version: id_489619b6-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= (a) (1) The publisher of a textbook, or an agent or employee of the publisher, shall provide a prospective purchaser of the textbook with all of the following: (A) A list of all the products offered for sale by the publisher germane to the prospective purchaser’s subject area of interest. (B) For a product listed pursuant to subparagraph (A), the wholesale or retail price of the product, and the estimated length of time the publisher intends to keep the product on the market. (C) For each new edition of a product listed pursuant to subparagraph (A), a list of the substantial content differences or changes between the new edition and the previous edition of the textbook. (2) The publisher shall make the lists required by paragraph (1) available to a prospective purchaser at the commencement of a sales interaction, including, but not necessarily limited to, a sales interaction conducted in person, by telephone, or electronically. The publisher shall also post in a prominent position on its Internet Web site the lists required by paragraph (1). (b) As used in this section, the following terms have the following meanings: (1) “Product” means each version, including, but not necessarily limited to, a version in a digital format, of a textbook, or set of textbooks, in a particular subject area, including, but not necessarily limited to, a supplemental item, whether or not the supplemental item is sold separately or together with a textbook. (2) “Publisher” has the same meaning as defined in subdivision (b) of Section 66406.7. (3) “Purchaser” means a faculty member of a public or private postsecondary educational institution who selects the textbooks assigned to students. (4) “Textbook” has the same meaning as defined in subdivision (b) of Section 66406.7. (Amended by Stats. 2013, Ch. 76, Sec. 50. (AB 383) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66407.5. Source version: id_08047e10-ca2d-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= (a) The respective academic senates of the campuses of the California State University and the University of California, in collaboration with students and campus administrators, shall develop policies regarding required academic materials in order to encourage efforts to reduce redundancy in the delivery of academic materials, including, but not necessarily limited to, textbooks and access codes. The policies adopted pursuant to this section shall include, but not necessarily be limited to, all of the following: (1) Guidelines prioritizing the use of ancillary and additional academic platforms and materials, not including textbooks, already available to enrolled students that are determined by faculty to serve the requirements of a course of study at no additional cost to enrolled students on their campuses or to the campus itself. (2) A requirement that the cost of academic materials from the current semester or quarter be provided to faculty members by the campus bookstore when academic materials are being chosen for an upcoming academic term, if available. (3) The establishment, in consultation with the campus bookstore, of deadlines by the campus for a faculty member or academic department to notify the campus bookstore of required and recommended textbooks and other instructional materials so that the bookstore may verify availability, source, and lower cost options when practicable, and provide this information to faculty for consideration when exploring alternatives. (4) A determination, in consultation with the campus bookstore, of approved descriptors to post next to academic materials offered for sale at the campus bookstore, including a requirement that the bookstore clearly identify any recommended course materials that are suggested by the bookstore but not by the faculty member who assigned the materials. (b) The campuses of the California State University shall, and the campuses of the University of California are requested to, submit the policies developed pursuant to subdivision (a) to the Trustees of the California State University and the Regents of the University of California, as appropriate, for their review. (c) It is the intent of the Legislature that the faculty of the public postsecondary segments be encouraged to continue their commitment to making academic materials affordable by considering free or inexpensive options, including open access options, in selecting academic materials to assign to their students. (d) As used in this section: (1) “Access code” means an identification number or password, or both, that is used to gain access to digital content. (2) “Textbook” has the same meaning as defined in Section 66406.7. (Added by Stats. 2016, Ch. 261, Sec. 1. (AB 1914) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66408. Source version: id_f40aa872-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= (a) The California Digital Open Source Library is hereby established, and shall be administered by the California State University, in coordination with the California Community Colleges, for the purpose of housing open source materials while providing an Internet Web-based way for students, faculty, and staff to easily find, adopt, utilize, or modify course materials for little or no cost. The California State University shall also act in coordination with the University of California in administering the California Digital Open Source Library if the regents act, by appropriate resolution, to authorize the university to participate in the administration of the library. (b) All material in the California Digital Open Source Library shall bear a creative commons attribution license that allows others to use, distribute, and create derivative works based upon the digital material while still allowing the authors or creators of the material to receive credit for their efforts. (c) It is the intent of the Legislature that the public postsecondary educational segments assist and support faculty in choosing lower cost, more flexible, and dynamic alternatives such as open source textbooks and related teaching tools. Nothing in this section shall be construed to mandate faculty use of any particular textbook or related materials. (Added by Stats. 2012, Ch. 622, Sec. 2. (SB 1053) Effective January 1, 2013. Operation contingent upon funding, as described in Sec. 3 of Ch. 622.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66409. Source version: id_fbb76134-47e8-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= (a) The California Open Education Resources Council is hereby established. The council shall be composed of faculty leaders from the three segments of public postsecondary education, and shall be administered by the Intersegmental Committee of the Academic Senates of the University of California, the California State University, and the California Community Colleges, or a successor group. (b) The council shall have nine members: three members shall be faculty of the University of California, selected by the Academic Senate, University of California; three members shall be faculty of the California State University, selected by the Academic Senate of the California State University; and three members shall be community college faculty, selected by the Academic Senate for California Community Colleges. Appointments to the council shall be made no later than 90 days after the act that adds this section becomes operative. (c) The council shall be responsible for accomplishing all of the following: (1) (A) Development of a list of 50 strategically selected lower division courses in the public postsecondary segments for which high-quality, affordable, digital open source textbooks and related materials shall be developed or acquired pursuant to this section. (B) In developing the course list pursuant to this paragraph, the council shall consider the extent to which the selected courses: (i) Are among the most highly enrolled courses at each of the three segments. (ii) Are likely to generate significant saving in textbook costs for students. (iii) Demonstrate relative consistency in content across existing textbook products. (iv) Provide opportunities for faculty to augment the open textbook with free faculty-authored materials or other free open education materials from existing digital libraries and collections. (v) Are conducive to discipline-based pedagogies that can be enhanced with digital resources and interactivity to support improved student learning success. (2) Creation and administration of a standardized, rigorous review and approval process for open source textbooks and related materials developed or acquired pursuant to this section. This process shall ensure that all open source textbooks and related materials developed or acquired pursuant to this section have been tested and validated as having met accessibility requirements for students with disabilities before approval and release. The textbooks and other materials shall include documentation for students with disabilities that describes available accessibility features. (3) Promotion of strategies for production, access, and use of open source materials. (4) Regularly soliciting and considering, from each of the respective statewide student associations of the University of California, the California State University, and the California Community Colleges, advice and guidance on open source education textbooks and related materials. It is the intent of the Legislature in enacting this paragraph that the council actively solicit and consider student perspectives related to open source education textbooks and related materials on matters such as format, accessibility, and usability. (d) The council shall establish a competitive request for proposal process in which faculty members, publishers, and other interested parties may apply for funds to produce the 50 high-quality, affordable, digital open source textbooks and related materials in 2013. Nothing in this subdivision shall be construed to limit or restrict the council from developing or acquiring, either for a charge or for free, existing high-quality digital open source textbooks and related materials that otherwise meet the specifications of this section. (e) The council shall submit a report to the Legislature and the Governor on the progress of the implementation of this section no later than six months after the act that adds this section becomes operative, and submit a final report by January 1, 2016. (f) The textbooks and other materials produced pursuant to this section shall comply with all of the following requirements: (1) The textbooks and other materials are placed under a creative commons attribution license that allows others to use, distribute, and create derivative works based upon the digital material while still allowing the authors or creators to receive credit for their efforts. (2) The textbooks and other materials are modular in order to allow easy customization, and are encoded in an Extensible Markup Language (XML) format, or other appropriate successor format, and are designed and delivered to achieve interoperability enabling the materials to be made available reliably and successfully on the widest possible range of platforms, such as the Internet, tablets, smartphones, print, or other platforms. (3) The textbooks and other materials conform to the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines adopted by the World Wide Web Consortium for accessibility. The textbooks and other materials shall be furnished to colleges and universities for distribution to students with print disabilities in accordance with the requirements of Section 67302 or 67302.5, as applicable. (4) The textbooks and other materials are submitted to, and housed within, the California Open Source Digital Library, when and if that library is established pursuant to statute. (Added by Stats. 2012, Ch. 621, Sec. 2. (SB 1052) Effective January 1, 2013. Operation contingent upon funding, as described in Sec. 5 of Ch. 621.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6. Academic Materials [66400 - 66410] SECTION 66410. Source version: id_156be8bb-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.&article= (a) No later than January 1, 2020, any individual, firm, partnership, or corporation that publishes textbooks offered for sale at the University of California, the California State University, the California Community Colleges, or a private postsecondary educational institution in the state shall, to the extent practicable, make the textbooks available, in whole or in part, for sale in an electronic format. The electronic version of any textbook shall contain the same content as the printed version and may be copy-protected. (b) For purposes of this section, “textbook” has the same meaning as defined in subdivision (b) of Section 66406.7. (c) This section does not authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (Added by Stats. 2009, Ch. 161, Sec. 1. (SB 48) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6.5. Unauthorized Recording, Dissemination, and Publication of Academic Presentations for Commercial Purposes [66450 - 66452] SECTION 66450. Source version: id_fd3e3371-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.5.&article= (a) Except as authorized by policies developed in accordance with subdivision (a) of Section 66452, no business, agency, or person, including, but not necessarily limited to, an enrolled student, shall prepare, cause to be prepared, give, sell, transfer, or otherwise distribute or publish, for any commercial purpose, any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction by an instructor of record. This prohibition applies to a recording made in any medium, including, but not necessarily limited to, handwritten or typewritten class notes. (b) Nothing in this section shall be construed to interfere with the rights of disabled students under law. (c) As used in this section: (1) “Academic presentation” means any lecture, speech, performance, exhibit, or other form of academic or aesthetic presentation, made by an instructor of record as part of an authorized course of instruction that is not fixed in a tangible medium of expression. (2) “Commercial purpose” means any purpose that has financial or economic gain as an objective. (3) “Instructor of record” means any teacher or staff member employed to teach courses and authorize credit for the successful completion of courses. (Added by Stats. 2000, Ch. 574, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6.5. Unauthorized Recording, Dissemination, and Publication of Academic Presentations for Commercial Purposes [66450 - 66452] SECTION 66451. Source version: id_fd3e3373-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.5.&article= (a) Any court of competent jurisdiction may grant relief that it finds necessary to enforce this chapter, including the issuance of an injunction. Any person injured by a violation of this chapter, in addition to actual damages, may recover court costs, attorney’s fees, and a civil penalty from any person who is not a student enrolled in the institution at which the instructor of record makes his or her academic presentation and who seeks to obtain financial or economic gain through the unauthorized dissemination of the academic presentation. The amount of the civil penalty shall not exceed one thousand dollars ($1,000) for the first offense, five thousand dollars ($5,000) for the second offense, and for any subsequent offense, a penalty of not less than ten thousand dollars ($10,000) or more than twenty-five thousand dollars ($25,000). (b) Actions for any relief pursuant to this chapter may be prosecuted in a court of competent jurisdiction by the Attorney General or any district attorney or by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or any city attorney of a city, or city and county, having a population in excess of 750,000, and, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor or, with the consent of the district attorney, by a city attorney in any city, or city and county, in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation, or association or by any person acting for the interests of itself, its members, or the general public. (c) It does not constitute a violation of this chapter for a business, agency, or person solely to provide access or connection to or from a facility, system, or network over which that business, agency, or person has no control, including related capabilities that are incidental to providing access or connection. This subdivision does not apply to a business or agency that is owned by, or to a business, agency, or person that is controlled by, or a conspirator with, a business, agency, or person actively involved in the creation, editing, or knowing distribution of a contemporaneous recording that violates this chapter. (Added by Stats. 2000, Ch. 574, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 6.5. Unauthorized Recording, Dissemination, and Publication of Academic Presentations for Commercial Purposes [66450 - 66452] SECTION 66452. Source version: id_fd3fba15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=6.5.&article= (a) The Regents of the University of California and the governing boards of private postsecondary institutions are requested to, the Trustees of the California State University shall, and the governing board of each community college district may, in consultation with faculty, in accordance with applicable procedures, develop policies to prohibit the unauthorized recording, dissemination, and publication of academic presentations for commercial purposes. Nothing in this chapter is intended to change existing law as it pertains to the ownership of academic presentations. (b) The Regents of the University of California and the governing boards of private postsecondary institutions are requested to, the Trustees of the California State University shall, and the governing board of each community college district may, adopt or provide for the adoption of specific regulations governing a violation of this chapter by students, along with applicable penalties for a violation of the regulations. The regents are requested to, the trustees shall, and the governing board of each community college district may, adopt procedures to inform all students of those regulations, with applicable penalties, and any revisions thereof. (Added by Stats. 2000, Ch. 574, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 7. Selective Service Registration [66500- 66500.] SECTION 66500. Source version: id_fd3fba19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=7.&article= Each public postsecondary educational institution shall make every reasonable effort to inform all male applicants for undergraduate admission of their obligation to register in accordance with the federal Military Selective Service Act (50 U.S.C. App. 451 et seq.) through one or more means, as determined by each institution. This effort may include, but is not limited to, all of the following: (a) Including a Federal Application For Student Aid form in application or registration materials. (b) Including referral information to the Selective Service Agency or its homepage in written documents, such as an application, or electronic communications, such as a homepage or an electronically mailed application. (c) Placing selective service registration cards in admissions offices, or other appropriate administrative offices. (Added by Stats. 1997, Ch. 575, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 7.5. Law School Externships [66550 - 66551] SECTION 66550. Source version: id_d56c3e0c-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=7.5.&article= For purposes of this chapter, the following definitions apply: (a) “Compensation” includes, but is not limited to, financial compensation in the form of travel costs, stipends, minimum or higher hourly wages, or additional wages and benefits set by employers. (b) “Externship” means the field placement work performed by a law student at a state agency, nongovernmental organization, nonprofit organization, or for-profit firm, as part of their legal education, that is completed within the law school’s course guidelines for the purpose of receiving law school credit. (c) (1) “Externship site” or “employer” means the place of employment where a law student performs their externship that is approved by a law school to provide law students with practical field experience consistent with the requirements for academic course credit provided by the law school. (2) For purposes of this subdivision, an externship site may be in person, hybrid, or remote, and includes any externship site regardless of whether the externship site is located in California or out of state. (d) “Externship site criteria” means the factors or other requirements used by a law school to determine whether an externship site is eligible or approved for extern placement. (e) “Law school” means an American Bar Association-accredited or California-accredited law school at the University of California or an independent institution of higher education, as defined in subdivision (b) of Section 66010, that receives, or benefits from, state-funded student financial assistance or that enrolls students who receive state-funded student financial assistance. (f) “Law student” means an individual enrolled at a law school. For purposes of this subdivision “law student” includes individuals earning their Juris Doctor (J.D.), Master of Laws (LL.M.), or Doctor of Juridical Science (J.S.D.) degrees. (Added by Stats. 2025, Ch. 292, Sec. 2. (AB 1155) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 7.5. Law School Externships [66550 - 66551] SECTION 66550.5. Source version: id_d56c3e0e-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=7.5.&article= For purposes of this chapter, a requirement on a law school shall, regarding the University of California, be considered a request on the Regents of the University of California. (Added by Stats. 2025, Ch. 292, Sec. 2. (AB 1155) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 7.5. Law School Externships [66550 - 66551] SECTION 66551. Source version: id_d56c3e10-c951-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=7.5.&article= (a) Beginning August 1, 2026, each law school shall allow law students to receive compensation from an externship site while concurrently earning academic course credit. (b) (1) This section shall not change the course requirements set by a law school to award academic course credit for externships beyond allowing the employer to offer compensation. (2) This section shall not require externships offered to law students through the law school to be compensated. The decision to offer compensation to a law student shall be at the externship site’s discretion. (3) This section shall not change externship site criteria or the requirements set by each law school regarding new and existing externship sites to be offered to law students. (4) To be eligible to earn compensation from an externship site, a law student shall be in good academic standing according to the rules set forth by the law school. (c) This section shall not apply to individuals enrolled in a paralegal certification program. (d) This section shall not bind employers or law students to an externship site for any future work. (e) (1) Compensation of a law student provided pursuant to this section shall not require an employer to provide workers’ compensation or other similar benefits. (2) A law school shall not receive restitution or compensation beyond tuition expenses from a law student for an externship opportunity. (Added by Stats. 2025, Ch. 292, Sec. 2. (AB 1155) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66600. Source version: id_fd4140bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= The California State University shall be administered by a board designated as the Trustees of the California State University, which is hereby created. (Amended by Stats. 1981, Ch. 638, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66601. Source version: id_fd4140bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= Whenever, in any law, the term “Trustees of the State College System of California” or “Trustees of the California State University,” or the term “chief executive officer of the state college system” is used, such terms shall be deemed to mean the Trustees of the California State University and the Chancellor of the California State University, respectively. (Amended by Stats. 1983, Ch. 143, Sec. 53.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66602. Source version: id_957547da-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= (a) The board shall be composed of the following five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, the Speaker of the Assembly, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 appointive members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate. (b) (1) Two students from the California State University, who shall have at least sophomore year standing at the institutions they attend, and who remain in good standing as students during their respective terms, shall also be appointed by the Governor to serve on the board for two-year terms. (2) In selecting students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the student member’s office that became vacated. (3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from the student member’s college or university on or after January 1 of the second year of the student member’s term of office may serve the remainder of the term. If the Governor has not appointed a successor pursuant to this subdivision, a student member whose term of office expires on June 30 of any year may remain in office until January 1 of the following year, or until a successor is appointed by the Governor, whichever occurs first. (4) A student member shall have the student member’s tuition fee waived for the duration of the student member’s term of office. (c) (1) A faculty member from the California State University, who shall be tenured at the California State University campus at which the faculty member teaches, shall also be appointed by the Governor to serve on the board for a two-year term. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University. (2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. (3) The two-year term of office of the faculty member of the board shall commence on July 1, and, if the Governor has not appointed a successor under paragraph (1), the faculty member may remain in office after the term expires for one additional year, or until a successor is appointed by the Governor, whichever occurs first. (d) (1) Members of the board shall be selected from outstanding lay citizens of California who have a strong interest in the further development and improvement of the California State University. (2) Members of the board, to the greatest extent possible, should be inclusive and representative of the many demographic groups found in California, and the board should reflect diversity of race and gender, and should include, among others, disabled persons and veterans. In furtherance of the mission of the California State University, a member of the board should embrace the basic role and responsibility of a member of the board to bring their own best thinking and personal views to the board’s discussion, determining their own position on each issue rather than being bound to represent or advocate for the positions of a particular organization or constituency. (Amended by Stats. 2024, Ch. 103, Sec. 1. (AB 2275) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66602.5. Source version: id_08dd29a2-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= All meetings of the trustees shall, except as otherwise provided in Section 66602.7, be subject to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2007, Ch. 523, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66602.7. Source version: id_092e08c4-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code: (a) (1) Action taken by a committee of the trustees and final action by the full board of trustees, on a proposal for the compensation package of the following executive officers shall occur in an open session of each of those bodies, and shall include a disclosure of the compensation package and rationale for the action: (A) The Chancellor of the California State University. (B) The president of an individual campus. (C) A vice chancellor. (D) The treasurer. (E) The general counsel. (F) The trustees’ secretary. (2) Members of the public shall be afforded the opportunity to address the committee and full board on the proposal during or before consideration of the action item. (b) Discussion by a committee of the trustees of, and action on, an executive compensation program or policy, and any final action by the full board of trustees on that program or policy, shall occur in open session of each of those bodies. (c) Compensation for the principal officers of the trustees and the officers of the university shall include salary, benefits, perquisites, severance payments (except those made in connection with a dismissal or a litigation settlement), retirement benefits, or any other form of compensation. (Added by Stats. 2007, Ch. 523, Sec. 3. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66603. Source version: id_fd4140c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= The term of the appointive trustees shall be eight years. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66604. Source version: id_fd4140c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= The expiration of a trustee’s term of office as a member of the State Board of Education or any earlier vacancy in that office shall create a vacancy in his trusteeship, unless the term ascribed thereto by lot has already expired. In case of any vacancy on the board of trustees, the Governor shall appoint a successor for the balance of the term as to which such vacancy exists. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66604.5. Source version: id_fd4140c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= Each appointive trustee shall receive actual and necessary travel expenses and one hundred dollars ($100) for each day he or she is attending to official business. (Amended by Stats. 1998, Ch. 954, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66605. Source version: id_fd4140c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= If the trustees and the Regents of the University of California both consent, the Chancellor of the California State University shall sit with the Regents of the University of California in an advisory capacity and the President of the University of California shall sit with the trustees in an advisory capacity. (Amended by Stats. 1983, Ch. 143, Sec. 54.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66606. Source version: id_fd42c76b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= The Trustees of the California State University shall succeed to the powers, duties, and functions with respect to the management, administration, and control of the state colleges heretofore vested in the State Board of Education or in the Director of Education, including all powers, duties, obligations, and functions specified in Article 2 (commencing with Section 90010) of Chapter 8 of Part 55, and all obligations assumed by the State Board of Education pursuant to that article prior to July 1, 1961. On and after July 1, 1961, the Trustees of the California State University shall have full power and responsibility in the construction and development of any state university campus, and any buildings or other facilities or improvements connected with the California State University. The powers shall be exercised by the Trustees of the California State University notwithstanding Chapter 10 (commencing with Section 14950) of Part 5.5 of Division 3 of Title 2 of the Government Code and Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, except that the powers shall be carried out pursuant to Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2 of the Public Contract Code known as the California State University Contract Law. The Trustees of the California State University may accept gifts of land, or gifts of options on land, may accept and expend gifts of money for the purchase of land or options on land, and may enter into negotiations and contracts for the purchase of land for a future state university site in the vicinity of any of the areas specified in the recommendations contained in the Master Plan for Higher Education printed on page 42, paragraph 5, Senate Journal (Regular Session) for February 1, 1960, except that the gifts, expenditures, negotiations, and contracts shall not obligate the expenditure of any state funds for the purchase of the land or for development on the land, unless the Legislature subsequently approves the obligation by appropriating the funds for that specific purpose. Any acceptance, acceptance and expenditure, or negotiations and contract may be conditioned upon an automatic reversion back to the donor or automatic termination of the negotiations and contract if a new state university is not established at a specific site prior to a specific date designated by the trustees and the donor or the trustees and the person or corporation with whom the trustees are negotiating or contracting. (Amended by Stats. 1993, Ch. 8, Sec. 1.5. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66606.2. Source version: id_fd42c76d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= Recognizing the unique mission and functions of the California State University among the departments, agencies, and boards of the state, it is the intent of the Legislature that both of the following occur: (a) Before legislation that, by its terms, applies to the state or its agencies, departments, or boards, may apply to the California State University, the legislation should be compatible with the mission and functions of the California State University. (b) The California State University not be governed by any statute enacted after January 1, 1997, that does not amend a previously applicable act and that applies generally to the state or to state agencies, departments, or boards, unless the statute expressly provides that the California State University is to be governed by that statute. (Added by Stats. 1996, Ch. 938, Sec. 2. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66607. Source version: id_fd42c76f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= The California State University shall be entirely independent of all political and sectarian influence and kept free therefrom in the appointment of its trustees and in the administration of its affairs, and no person shall be debarred admission to any department of the state university on account of sex. (Amended by Stats. 1983, Ch. 143, Sec. 56.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66609. Source version: id_907ce37e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= (a) All state employees employed on June 30, 1961, in carrying out functions transferred to the Trustees of California State University by this chapter, except persons employed by the Director of Education in the Division of State Colleges and Teacher Education of the State Department of Education, are transferred to the California State University. (b) Nonacademic employees transferred under this section shall retain their respective positions in the state service, together with the personnel benefits accumulated by them at the time of transfer, and shall retain the rights attached under the law to the positions that they held at the time of transfer. All nonacademic positions filled by the trustees on and after July 1, 1961, shall be by appointment made in accordance with Chapter 5 (commencing with Section 89500) of Part 55, and persons so appointed shall be subject to Chapter 5. (c) (1) The trustees shall provide, or cooperate in providing, academic and administrative employees transferred by this section with personnel rights and benefits at least equal to those accumulated by them as employees of the state colleges, except that any administrative employee may be reassigned to an academic or other position commensurate with his or her qualifications at the salary fixed for that position. An administrative employee so reassigned shall have a right to appeal from that reassignment, but only as to whether the position to which he or she is reassigned is commensurate with his or her qualifications. All academic and administrative positions filled by the trustees on and after July 1, 1961, shall be filled by appointment made solely at the discretion of the trustees. (2) The trustees shall establish and adjust the salaries and classifications of all academic, nonacademic, and administrative positions and neither Section 19825 of the Government Code nor any other provision of law requiring approval by a state officer or agency for salaries or classifications shall be applicable thereto. In establishing and adjusting salaries, consideration shall be given to the maintenance of the state university in a competitive position in the recruitment and retention of qualified personnel in relation to other educational institutions, private industry, or public jurisdictions that are employing personnel with similar duties and responsibilities. (3) The establishment and adjustment of salaries for nonacademic employees shall be in accordance with the standards prescribed in Section 19826 of the Government Code. The trustees, however, shall make no adjustments that require expenditures in excess of existing appropriations available for the payment of salaries. Chapter 5 (commencing with Section 89500) of Part 52, relating to appeals from dismissal, demotion, or suspension, shall be applicable to academic employees. (d) Persons excluded from the transfer made by this section shall retain all the rights and privileges conferred upon civil service employees by law. Personnel of state agencies employed in state university work other than those transferred by this section, and who are employed by the trustees prior to July 1, 1962, shall be provided with personnel rights and benefits at least equal to those accumulated by them as employees of those state agencies. (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2006, Ch. 538, Sec. 132. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66610. Source version: id_e58e7809-a431-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= The California State University shall comply with Section 668.18(c)(1)(ii) of Title 34 of the Code of Federal Regulations, as that section read on July 1, 2010. The Trustees of the California State University may adopt regulations to implement this section. (Added by Stats. 2015, Ch. 145, Sec. 1. (SB 418) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 8. California State University [66600 - 66611] SECTION 66611. Source version: id_b42a6cf7-94c6-11f0-b924-ab4989f102ab Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=8.&article= (a) The California State University may require employees, prospective employees, volunteers, contractors, and subcontractors, to undergo a fingerprint-based state and national criminal history background check. (b) The California State University shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 113, Sec. 26. (SB 160) Effective September 17, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9. Community Colleges [66700- 66700.] SECTION 66700. Source version: id_fd444e15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.&article= The California Community Colleges are postsecondary schools and shall continue to be a part of the public school system of this state. The Board of Governors of the California Community Colleges shall prescribe minimum standards for the formation and operation of the California Community Colleges and exercise general supervision over the California Community Colleges. (Amended by Stats. 1990, Ch. 1372, Sec. 219.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1. Transfer System [66720 - 66722.5] SECTION 66720. Source version: id_fd444e1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1. The Board of Governors of the California Community Colleges, the Regents of the University of California, and the Trustees of the California State University, with appropriate consultation with the Academic Senates of the respective segments, shall jointly develop, maintain, and disseminate a common core curriculum in general education courses for the purposes of transfer. Any person who has successfully completed the transfer core curriculum, shall be deemed to have thereby completed all lower division general education requirements for the University of California and the California State University. (Added by Stats. 1988, Ch. 973, Sec. 7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1. Transfer System [66720 - 66722.5] SECTION 66721. Source version: id_fd45d4bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1. Upon development of the transfer core curriculum pursuant to Section 66720, and upon any subsequent joint revision of that curriculum, the Board of Governors of the California Community Colleges, the Regents of the University of California, and the Trustees of the California State University shall jointly cause the curriculum to be published and distributed to each public school in this state that provides instruction in any of the grades 7 to 12, inclusive, and to each community college in this state, with an emphasis on the communication of that information to each school or college having a high proportion of students who are members of one or more ethnic minorities. In addition, the Board of Governors shall distribute that transfer core curriculum to the State Board of Education, which shall apply that information to ensure, through its curriculum development activities, that public school pupils enrolled in any of the grades 9 to 12, inclusive, are aware of the academic requirements for preparation for higher education and may receive any necessary academic remediation in a timely manner. (Added by Stats. 1988, Ch. 973, Sec. 7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1. Transfer System [66720 - 66722.5] SECTION 66721.4. Source version: id_61a3f014-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1. (a) The California State University and the Office of the Chancellor of the California Community Colleges shall work together to establish the most effective methods to inform students, college advisers, and the general public about the associate degree for transfer and specific details that help students navigate this transfer pathway, as successfully as possible, pursuant to Article 3 (commencing with Section 66745). The methods established by the California State University and the Office of the Chancellor of the California Community Colleges shall include, but not be limited to, Internet notification. The final methods determined by the two segments shall be completed prior to the beginning of the fall term of the 2011–12 academic year and included as part of the report required by subdivision (a) of Section 66749. (b) It is the intent of the Legislature that community college students be informed of the California State University majors that are considered to be similar to community college majors or areas of emphasis required to obtain an associate degree for transfer pursuant to Article 3 (commencing with Section 66745). (c) A community college district may use the methods established by the California State University and the Office of the Chancellor of the California Community Colleges, pursuant to subdivision (a), or a community college district may use other methods to inform community college students of the California State University majors that are considered to be similar to community college majors or areas of emphasis required to obtain an associate degree for transfer pursuant to Article 3 (commencing with Section 66745). (d) It is the intent of the Legislature that the Office of the Chancellor of the California Community Colleges not mandate community college districts to perform any new state reimbursable activity or program for purposes of implementing this section. (Added by Stats. 2010, Ch. 427, Sec. 1. (AB 2302) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1. Transfer System [66720 - 66722.5] SECTION 66721.5. Source version: id_fd45d4bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1. (a) (1) The governing board of each community college district shall direct the appropriate officials at their respective campuses to provide each of their students with a copy of the current transfer core curriculum. (2) As used in this section, “transfer core curriculum” means the lower-division, general education transfer curriculum that, pursuant to Section 66720, is fully articulated between the California Community Colleges and the California State University and University of California. (b) A copy of the current transfer core curriculum shall be distributed to each newly admitted community college student who is enrolled in a degree or certification program and is physically in attendance at the institution. (c) The governing board of a community college district shall ensure that the text of the current transfer core curriculum is included in the published class schedule for each academic term. Copies of the transfer core curriculum may also be made available in other locations on each campus, including, but not necessarily limited to, all of the following: (1) The admissions office. (2) The bookstore. (3) The career counseling center. (4) The veteran’s affairs office. (d) Notwithstanding subdivision (c), the governing board of a community college may, as an alternative to the methods of distribution set forth in subdivision (c), distribute copies of the current transfer core curriculum by any of the following means: (1) During the registration process. (2) By mail, with the registration materials or the enrollment materials, or both, or with other items sent to students. (3) During the issuance of student identification cards. (4) During student orientation programs. (e) Nothing in this section shall be construed to limit the distribution of the transfer core curriculum to community college students. (Added by Stats. 2000, Ch. 187, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1. Transfer System [66720 - 66722.5] SECTION 66721.7. Source version: id_76afa18c-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1. (a) It is the intent of the Legislature to ensure that community college students who wish to earn the baccalaureate degree at the University of California are provided with clear and effective directions that specify curricular paths to this degree. (b) This section shall not limit in any way the ability of students to gain admission through alternative paths to transfer, such as the California General Education Transfer Curriculum. (c) The University of California is requested to address deficiencies in the articulation of major preparation courses between the California Community Colleges and the various UC campuses to make it easier for prospective transfer students to identify the community college courses that meet major preparation requirements across the various campuses of the university. (d) The University of California is requested to identify commonalities and differences in similar majors across all UC campuses in order to accomplish all of the following: (1) To provide students with general descriptions of each major. (2) To identify lower division degree requirements that are common across UC campuses. (3) To identify additional academic requirements at each UC campus. (4) To describe additional criteria that students must achieve to be admitted at the various UC campuses. (e) (1) When four or more UC campuses that award undergraduate degrees have articulated specific courses and course sequences of the California Community Colleges for common requirements in similar majors, the remaining UC campuses that offer undergraduate degrees are requested to also articulate these specific community college courses and course sequences. The Legislature recognizes that UC may adopt provisions allowing individual UC campuses to opt out of this articulation process on a case-by-case basis, but these provisions should be infrequently used. The Academic Senate of the University of California is requested to notify the California Community Colleges when an articulation request is denied, and to provide information that will enable the California Community Colleges to achieve course comparability with UC. (2) For at least the 20 most high-demand undergraduate majors, and with the ultimate goal of including all majors for which it is feasible, UC is requested to specify lower division transfer paths clearly identifying commonalities and differences, on a comparative basis across UC campuses offering specific major programs. The Academic Senate of the University of California is requested to review the existing differences in lower division major preparation in each major across UC campuses, recognizing that one goal of these requirements should be to achieve similarity to the greatest degree that is academically appropriate. (3) The University of California is requested to include all of the following in the systemwide lower division transfer paths for the high-demand baccalaureate major degree programs: (A) Lower division general education requirements for the university. (B) Lower division major preparation requirements that are common across undergraduate campuses. (C) Additional lower division degree requirements that are unique to an individual campus. (D) Elective units, as appropriate. (E) Additional criteria, such as grade point averages and minimum grades, to ensure that students are competitive in selective majors. (4) The systemwide lower division transfer paths shall be specified in sufficient manner and detail so that existing and future community college lower division courses may be articulated, according to the usual procedures, to the corresponding UC courses or course descriptions. (f) (1) The University of California is requested to, and the Chancellor of the California Community Colleges shall, in consultation with the Academic Senate of the California Community Colleges, on or before January 1, 2008, facilitate the articulation of those lower division, baccalaureate-level courses at each campus of the California Community Colleges that meet the lower division transfer path requirements for each major specified by UC in paragraph (1) of subdivision (e). (2) The University of California is requested to annually review, and update as appropriate, the lower division transfer paths and articulation to ensure that they reflect current UC campus degree requirements and community college curricula, and share the results of that review with the Chancellor of the California Community Colleges. (g) As allowed by enrollment demand and available space, UC is requested to develop transfer admission agreement programs for students at each campus of the California Community Colleges who demonstrate the intent to meet the requirements of this section, including the declaration of a major and identification of a choice of a destination campus. The transfer admission agreement shall guarantee admission to the campus and major identified in the agreement and transfer of all units specified in the agreement, subject to the student’s successful completion of the requirements of the agreement. It is the intent of the Legislature that the transfer admission agreements entered into under this section be made available to students early in their academic coursework. However, this section shall not preclude or limit the development or issuance of transfer admission agreements for students at any appropriate time up to the point of application. (h) A path to transfer, as specified in this section, shall be available to any community college student who desires to transfer to UC, and shall not be limited to students who secure a transfer admission agreement as specified in subdivision (g). A student who successfully completes a path to transfer, but who does not secure a transfer admission agreement, shall be guaranteed the transferability and degree applicability for all units that the student has earned pursuant to the path to transfer. However, this section shall not guarantee admission to UC, or to a specific UC campus, for a student who has not secured a transfer admission agreement. (i) The University of California is requested to, and the California Community Colleges shall, on a three-year periodic cycle, jointly conduct a review of a random representative sample of transcripts of students who have transferred to UC and of students preparing for transfer to determine the effectiveness of the transfer preparation pathways referenced in this section. (j) For purposes of this section, “UC” means the University of California. (Amended by Stats. 2025, Ch. 74, Sec. 2. (SB 619) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1. Transfer System [66720 - 66722.5] SECTION 66721.8. Source version: id_63d0bb26-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1. (a) The Legislature finds and declares that a transparent process for transfer that is designed to assist students in identifying and taking the community college courses that will prepare them for success in specific University of California majors is a state priority. (b) The Legislature recognizes that, pursuant to Section 66721.7, the University of California has been working with the California Community Colleges to examine and seek improvements to the transfer process. It is the intent of the Legislature that, as part of this ongoing effort, the creation of various viable pathways to transfer, including the development of an associate degree for transfer granted by community college districts, be considered by the University of California as it endeavors to enhance the transfer process. (c) The University of California is requested to continue its examination of articulation of lower division major prerequisites in high-demand transfer majors with a goal of working in collaboration with the California Community Colleges to design community college transfer degrees that provide students adequate preparation for entry into a major. The University of California is also requested to consider offering guaranteed eligibility for admission into a University of California campus that accepts a designated community college transfer degree for admission into a designated University of California major. Further, the University of California is requested to implement pathways to qualify community college transfer courses for a designated University of California major by designating a series of community college courses that provide sufficient lower division preparation for a designated University of California major and that will be accepted by the University of California. (d) The University of California is requested to provide an interim progress report on its review of the various transfer pathways discussed in this section to the relevant policy and fiscal committees of the Legislature on or before June 30, 2011, and to provide a final report to those committees, with specific findings regarding the University of California’s implementation of those transfer pathways, no later than December 31, 2011. (Added by Stats. 2010, Ch. 427, Sec. 2. (AB 2302) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1. Transfer System [66720 - 66722.5] SECTION 66722. Source version: id_fd45d4c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1. It is the intent of the Legislature that the transfer function shall be a central institutional priority of all segments of higher education in California, and that the segments shall have as a fundamental policy and practice the maintenance of an effective transfer system. (Added by Stats. 1991, Ch. 1198, Sec. 17.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1. Transfer System [66720 - 66722.5] SECTION 66722.5. Source version: id_fd475b63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1. It is the intent of the Legislature that the segments of higher education shall pursue the development of transfer agreement programs that specify the curricular requirements that must be met, and the level of achievement that must be attained, by community college students in order for those students to transfer to the campus, undergraduate college, or major of choice in the public four-year segments. (Added by Stats. 1991, Ch. 1198, Sec. 18.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1.5. Common Course Numbering System [66725 - 66725.5] SECTION 66725. Source version: id_c6992d7f-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1.5. (a) It is the intent of the Legislature to facilitate articulation and seamless integration of California’s postsecondary institutions by facilitating the adoption and integration of a common course numbering system among the public and private postsecondary institutions. The purpose of building and implementing a common course numbering system is to provide for the effective and efficient progression of students within and among the higher education segments and to minimize duplication of coursework. (b) The Legislature finds and declares both of the following: (1) Effective transfer programs provide a clear path for obtaining the preparation necessary for upper-division major coursework and graduation at a four-year college or university. The segments have made significant progress in developing articulation agreements that specify required coursework and other academic preparation necessary for transfer students to succeed at a four-year institution. These articulation agreements are essential to provide the basis for a common course numbering system that facilitates transfer student success. (2) In implementing this article, the public postsecondary educational institutions and other parties involved should assess programs and build upon those proving to be the most effective in communicating articulation, such as the California Articulation Number (CAN) system, the Intersegmental Major Preparation Articulated Curriculum (IMPAC) project, the Intersegmental General Education Transfer Curriculum (IGETC), and the Articulation System Stimulating Interinstitutional Student Transfer (ASSIST). (Added by Stats. 2004, Ch. 737, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1.5. Common Course Numbering System [66725 - 66725.5] SECTION 66725.3. Source version: id_c72a49f1-66c8-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1.5. (a) Not later than June 1, 2006, the California Community Colleges and the California State University shall adopt, and the University of California and private postsecondary institutions may adopt, a common course numbering system for the 20 highest-demand majors in the respective segments. (b) Not later than June 30, 2006, the Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California are requested to, report to the Legislature on the status of the activities of their respective segments as they relate to subdivision (a) and on the plans of their respective segments to implement a common course numbering system for the majors that are not covered by subdivision (a). (c) Each campus of a public postsecondary educational institution shall incorporate the common course numbering system in its catalogue. This incorporation into a campus catalogue shall occur at the next adoption of a campus catalogue after June 1, 2006. (Added by Stats. 2004, Ch. 737, Sec. 1. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 1.5. Common Course Numbering System [66725 - 66725.5] SECTION 66725.5. Source version: id_9b58d95c-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=1.5. (a) (1) To streamline transfer from two- to four-year postsecondary educational institutions and reduce excess credit accumulation, on or before July 1, 2027, both of the following shall occur: (A) The California Community Colleges shall adopt a common course numbering system for all general education requirement courses and transfer pathway courses. (B) Each community college campus shall incorporate common course numbers from the adopted common course numbering system in its catalog. (2) The common course numbering system shall be student facing, based on the work of the workgroup established in Item 6870-101-0001 of Section 2.00 of the Budget Act of 2021, and ensure that comparable courses across all community colleges have the same course number. (3) To support the development and implementation of a common course numbering system for the California Community College system, the workgroup established in Item 6870-101-0001 of Section 2.00 of the Budget Act of 2021 shall consider starting with courses included in the Course Identification Numbering System (C-ID) and expanding to general education requirements and transfer pathway courses pursuant to subdivision (b). (b) The common course numbering system may have the same alphabetical identifier and same numerical identifier for each course that shares the same C-ID course description, pursuant to both of the following: (1) For all courses included in the C-ID, the California Community Colleges may adopt the alphabetical and numerical identifier of the C-ID course descriptor as the same common course number at all community colleges. (2) For all general education requirements and transfer pathway courses that are not included in the C-ID, intersegmental discipline faculty through the C-ID process may develop a C-ID course descriptor for each of these community college courses. Once a C-ID course descriptor is developed, the California Community Colleges may adopt the alphabetical and numerical identifier of the C-ID course descriptor as the same common course number at all community colleges. (Amended by Stats. 2024, Ch. 440, Sec. 1. (AB 3290) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66730. Source version: id_fd475b67-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. (a) The Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges shall have as a fundamental policy the maintenance of a healthy and expanded student transfer system. Both the University of California and the California State University shall have as a basic enrollment policy the maintenance of upper division enrollment, which are students who have attained upper division status, at 60 percent of total undergraduate enrollment. This goal shall be met through programs aimed at increasing the numbers of qualified transfer students from the community colleges without denying eligible freshmen applicants. (1) The California State University shall maintain its upper division enrollment, which are students who have attained upper division status, at approximately 60 percent of total undergraduate enrollment. Its planning documents shall reflect this policy. (2) Commencing in the 1991–92 academic year, the University of California shall progressively increase the percentage that upper division enrollment systemwide is of total undergraduate enrollment through the 1995–96 academic year until that percentage reaches approximately 60 percent. This shall be accomplished through increases in the numbers of community college transfer students admitted to upper division standing at the university without denying eligible freshmen applicants. Planning documents shall reflect these expected increases. (b) The governing board of each segment shall ensure that individual university and college campus enrollment plans include adequate upper division places for community college transfer students in all undergraduate colleges or schools, and that each undergraduate college or school on each campus participates in developing articulation and transfer agreement programs with community colleges. The governing boards shall meet this goal within their respective general statewide planning framework used to attain and maintain the state’s goal of a 60/40 ratio of upper to lower division students, their segmental enrollment planning processes, and campus planning regarding program balance, educational quality, and other relevant goals. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66731. Source version: id_fd475b69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. Student matriculation from community colleges through the University of California and the California State University shall be recognized by the Governor, Legislature, and the governing boards of each of California’s public postsecondary education segments as a central institutional priority of all segments of higher education. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66732. Source version: id_fd475b6b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. The governing boards of each segment shall declare as policy that the student transfer agreement program shall constitute a significant role in achieving the goal of student diversity within their segments, and in ensuring that all students, particularly those currently underrepresented in higher education, have access to a university education. The governing boards of each segment shall design, adopt, and implement policies intended to facilitate successful movement of students from community colleges through the University of California and the California State University. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66734. Source version: id_fd48e20d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. The Board of Governors of the California Community Colleges shall have the authority and responsibility to guarantee that all community college students have access to courses that meet the lower division baccalaureate degree requirements of the California public universities. The Board of Governors of the California Community Colleges, with the cooperation of the Regents of the University of California and the Trustees of the California State University, shall ensure that all students are clearly and fully informed as to which community college courses and units are transferable and meet the general education and lower division major requirements at the California State University and the University of California. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66736. Source version: id_fd48e20f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. Each community college district governing board shall ensure that its college or colleges maintain student transfer counseling centers or other counseling and student services designed and implemented to affirmatively seek out, counsel, advise, and monitor the progress of potential and identified community college transfer students. All policies and procedures shall give preference and emphasis toward enhancing the transfer of students from economically disadvantaged families and students from traditionally underrepresented minorities, to the fullest extent possible under state and federal statutes and regulations. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66737. Source version: id_fd48e211-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. The Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges are expected to develop new programs of outreach, recruitment, and cooperation between and among the three segments of public higher education to facilitate the successful transfer of students between the community colleges and the universities. Every community college student who successfully completes the transfer agreement programs, as defined in Section 66738, in a community college shall have an appropriate place in an upper division university program. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66738. Source version: id_fd48e213-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. (a) The governing board of each public postsecondary education segment shall be accountable for the development and implementation of formal systemwide articulation agreements and transfer agreement programs, including those for general education or a transfer core curriculum, and other appropriate procedures to support and enhance the transfer function. (b) The elements in a comprehensive transfer system shall include, but not be limited to, the following: (1) Enrollment and resource planning; intersegmental faculty curricular efforts. (2) Coordinated counseling. (3) Financial aid and transfer services. (4) Transfer articulation agreements and programs. (5) Specific efforts to improve diversity. (6) Early outreach activities. (7) Expansion of current practices relating to concurrent enrollment of community college students in appropriate university courses. (8) Centers. (c) The governing board of each segment shall expand existing practices related to concurrent enrollment, in which community college students are provided the opportunity to take courses at University of California and California State University campuses, as space is available; and to expand opportunities for potential transfer students to participate in activities that familiarize them with the university campus. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66739.5. Source version: id_80bdf0fe-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. (a) The Legislature finds and declares all of the following: (1) The California Master Plan and supporting statutes place utmost importance on the effective transfer of community college students to the University of California and the California State University as a means of providing access to the baccalaureate degree. (2) In 2002, CSU enrolled 55,000 transfer students from community colleges. (3) Two out of three students who earn CSU baccalaureate degrees begin in a community college. (4) Effective use of state and student time and resources would be maximized by students accruing fewer unrequired units in earning their degrees. (5) Additional access to community colleges and CSU will be created by higher graduation rates and fewer nonessential units taken. (6) The state budget situation makes it urgent to streamline the path of the transfer student to the baccalaureate degree. (b) It is, therefore, the intent of the Legislature to ensure that community college students who wish to earn the baccalaureate degree at CSU are provided with a clear and effective path to this degree. (c) This section shall not limit in any way the ability of students to gain admission through alternative paths to transfer, such as the California General Education Transfer Curriculum. (d) On or before February 1, 2005, the Chancellor of CSU shall establish transfer student admissions requirements that give highest priority to transfer students who are qualified in accordance with subdivision (f) and paragraph (3) of subdivision (g). (e) (1) CSU campuses admitting students qualified in accordance with subdivision (f) and paragraph (3) of subdivision (g) will make it possible for these students to complete their baccalaureate degree in the minimum number of remaining units required for that degree major. (2) For purposes of this subdivision, the “minimum number of remaining units” is the minimum number of units required for a degree major after subtracting the number of fully degree-transferable units earned at the community college. (f) The Chancellor of CSU, in consultation with the Academic Senate of CSU, shall establish the following components necessary for a clear degree path for transfer students: (1) On or before June 1, 2005, the Chancellor of CSU, in consultation with the Academic Senate of CSU and with the faculty responsible for each high-demand baccalaureate degree major program, shall specify for each high-demand baccalaureate program major a systemwide lower division transfer curriculum composed of at least 45 semester course units, or the quarter-unit equivalent, that will be common across all CSU campuses offering specific major programs. (2) (A) The systemwide lower division transfer curriculum for each high-demand baccalaureate degree major program shall be composed of at least 45 semester units, or the quarter-unit equivalent, and shall include all of the following: (i) General education courses. (ii) Any other lower division courses required for graduation. (iii) Lower division components of the student’s declared major. (iv) Elective units, as appropriate. (B) The coursework described in subparagraph (A) shall be designated by the CSU faculty responsible for the student’s major degree program. (3) The systemwide lower division transfer curriculum shall be specified in sufficient manner and detail so that existing and future community college lower division courses may be articulated, according to the usual procedures, to the corresponding CSU courses or course descriptions. (g) (1) On or before June 1, 2006, the Chancellor of CSU and the Chancellor of the California Community Colleges, in consultation with the Academic Senate of the California Community Colleges, shall articulate those lower division, baccalaureate-level courses at each campus of the California Community Colleges that meet for each degree major the systemwide lower division transfer curriculum requirements specified in paragraph (1) of subdivision (f). (2) To the extent that the goals of efficiency and urgency are advanced, existing articulation procedures such as the California Articulation Number (CAN) program shall be employed. (3) On or before June 1, 2006, each CSU campus shall have identified any additional specific, nonelective course requirements beyond the systemwide lower division transfer curriculum requirements for each major, up to a maximum of 60 semester units or the quarter-unit equivalent, for the systemwide and campus-specific requirements combined. To the extent these additional course requirements are identified, each CSU campus shall provide that information to all community colleges. (4) The Chancellor of CSU shall amend CSU’s transfer admissions procedures to encourage prospective community college transfer students to identify and, to the extent possible, commit to, a specific CSU transfer destination campus before earning more than 45 semester units, or the quarter-unit equivalent, of lower division, baccalaureate-level courses, as described in subdivision (f). (h) As allowed by enrollment demand and available space, each CSU campus shall develop a transfer admission agreement with each student who intends to meet the requirements of this section, including the declaration of a major and identification of a choice of a destination campus, before earning more than 45 systemwide semester units, or the quarter-unit equivalent. The transfer admission agreement shall guarantee admission to the campus and major identified in that agreement and transfer of all 60 semester units, or the quarter-unit equivalent, as creditable to the baccalaureate degree, subject to the student’s meeting the following conditions: (1) Completion of the 60 semester units of college-level coursework, or the quarter-unit equivalent, specified for the student’s major degree program. (2) Declaration of a major. (3) Satisfactory completion of the systemwide lower division transfer curriculum requirements for the student’s declared major. (4) Satisfactory completion of any requirements beyond the systemwide lower division transfer curriculum that are specified by the CSU destination campus. (5) Any impaction criteria for that campus or major. (i) A CSU campus shall guarantee that the transfer students admitted under this section will be able to complete the baccalaureate degree in the minimum number of course units required for that degree. (j) For purposes of this section, “CSU” means the California State University. (Amended by Stats. 2025, Ch. 74, Sec. 3. (SB 619) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66739.6. Source version: id_417fdc39-3187-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. (a) In a manner that is consistent with Section 71027, the Office of the Chancellor of the California Community Colleges shall establish a process to facilitate the identification of courses that satisfy lower division preparation requirements throughout the California Community Colleges system. (b) A description of the process established by the Office of the Chancellor of the California Community Colleges to comply with subdivision (a) shall be included as part of the report required by subdivision (a) of Section 66749. (c) It is the intent of the Legislature that community college districts accept credits from other community college districts toward an associate degree for transfer. (d) This section shall become operative on July 1, 2011. (Amended by Stats. 2011, Ch. 296, Sec. 72. (AB 1023) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66740. Source version: id_fd4a68b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. Each department, school, and major in the University of California and California State University shall develop, in conjunction with community college faculty in appropriate and associated departments, discipline-specific articulation agreements and transfer program agreements for those majors that have lower division prerequisites. Faculty from the community colleges and university campuses shall participate in discipline-specific curriculum development to coordinate course content and expected levels of student competency. Where specific majors are impacted or over-subscribed, the prescribed course of study and minimum grade point average required for consideration for upper division admission to all of these majors shall be made readily available to community college counselors, faculty, and students on an annual basis. In cases where the prescribed course of study is altered by the university department, notice of the modification shall be communicated to appropriate community college faculty and counselors at least one year prior to the deadline for application to that major and implementation by the department responsible for teaching that major. Community college districts, in conjunction with the California State University and the University of California, shall develop discipline-based agreements with as many campuses of the two university segments as feasible, and no fewer than three University of California campuses and five California State University campuses. The development of these agreements shall be the mutual responsibility of all three segments, and no one segment should bear the organizational or financial responsibility for accomplishing these goals. The Chancellor of the California Community Colleges and the President of the University of California shall begin the process of setting priorities to determine which community colleges will receive first attention for the development of agreements. Criteria for priority determination shall include, but not be limited to, the percentage and number of students from economically disadvantaged families and underrepresented racial and ethnic minorities, and community colleges which traditionally have not transferred many students to the University of California. The priority list shall be completed by March 1, 1992. These considerations shall not be used in any way to displace current agreements between any community college and the University of California or the California State University. The Chancellor of the California Community Colleges and the Chancellor of the California State University system shall begin the process of setting priorities to determine which community colleges will receive first attention for the development of agreements. Criteria for priority determination shall include, but not be limited to, the percentage and number of students from economically disadvantaged families and underrepresented racial and ethnic minorities, and community colleges which traditionally have not transferred many students to California State Universities. The priority list shall be completed by March 1, 1992. These considerations shall not be used in any way to displace current agreements between any community college and the University of California or the California State University. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66741. Source version: id_fd4a68b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. As a result of systemwide and interinstitutional agreements, each community college student shall be assured of the opportunity to enter into a transfer agreement program enabling a student to receive high priority consideration, attain equivalent special treatment, or enter into a contract when applying for university admission at the advanced standing level. It is recognized that eligibility for transfer agreement programs will require completion of certain requirements as defined in interinstitutional agreements. It is also recognized that access to majors of choice will, in most cases, require completion of additional requirements, such as specialized coursework and attainment of a specialized grade point average. Transfer agreement programs also shall carry high priority access to majors of choice. The University of California and the California State University shall require that continuing undergraduate students and community college transfer students are assessed against a common set of criteria for upper division standing to a specific major. However, generally speaking, access to these programs shall require completion of specialized coursework and attainment of a grade point average above the minimums defined in general admission requirements, such as those used in supplementary admission criteria for impacted or over-subscribed programs. Alternatively, students may also, by meeting the University of California or California State University requirements for admission at the advanced standing level, simply wish to apply as required. All students meeting these admission requirements shall be guaranteed a place somewhere in the University of California or California State University system, as appropriate. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66742. Source version: id_fd4a68b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. The governing boards of the three public segments of higher education shall present annual statistical reports on transfer patterns via the California Postsecondary Education Commission to the Governor and Legislature. The reports shall include recent statistics on student enrollments by campus, segment, gender, ethnicity, and the ratio of upper division to lower division, including information on both freshman and transfer student access to the system. These reports should include, to the extent that data are available or become available, data on application, admission and enrollment information for all students by sex, ethnicity, and campus. For transfer students, this data shall indicate the segment of origin for all students. In addition, data shall be separately identified for transfer students from California Community Colleges, and shall identify the subset of applications which are completed together with admission, enrollment, and declared major information for that group. The reports shall describe the number of transfer agreements, if any, whose terms and conditions were not satisfied by either the California State University or the University of California, the number of California Community College transfer students denied either admission to the student’s first choice of a particular campus of the California State University or the University of California or the student’s first choice of a major field of study, and, among those students, the number of students who, upon denial of either of the student’s first choices, immediately enrolled at another campus of the California State University or the University of California. The reports shall also include information by sex and ethnicity on retention and degree completion for transfer students as well as for native students, and the number and percentage of baccalaureate degree recipients who transferred from a community college. (Added by Stats. 1991, Ch. 1188, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66743. Source version: id_fd4a68bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. The California Postsecondary Education Commission is requested to convene an intersegmental advisory committee on transfer access and performance for the purposes of presenting biennial reports to the Governor and the Legislature on the status of transfer policies and programs, the diligence of each segment’s board, and the effectiveness of these programs in meeting the state’s goals for transfer. The report shall include information about all of the following: (a) The effectiveness of transfer agreement programs and activities in enhancing the transfer function overall as well as the extent to which transfer program activities have been directed at students who have been historically underrepresented in the University of California and the California State University. (b) The status of the implementation of the transfer core curriculum as described in Section 66720 for each community college, including information about the extent to which sophomore level courses needed for transfer are available on all community college campuses. (c) Progress that has been made in achieving articulation agreements in those specific majors that have lower division prerequisites, and the dissemination of this information. The committee shall also explore methods to systematically measure the extent to which the state’s goals of freshmen and transfer student access are being met, including analyses of the number of fully eligible freshmen or transfer students who are denied access to the system, and the reasons for that denial. The committee shall also address ways in which sharing of information about transfer students among the segments can be improved, including early identification of potential transfer students for intensive recruitment purposes. The Governor and the Legislature shall monitor the success of the University of California and the California State University in achieving their targeted enrollment levels and in implementing these reforms. A substantial failure to implement reform, to achieve the 60/40 ratio by the designated dates, or to improve the transfer rate of historically underrepresented groups significantly, shall precipitate legislative hearings to determine the reasons why any one or all of these goals have not been met. (Amended by Stats. 1995, Ch. 758, Sec. 38. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66744. Source version: id_49f1d317-f6cf-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. (a) (1) Commencing with the 2004–05 academic year, and each academic year thereafter, the Trustees of the California State University shall establish a dual admissions program for eligible freshman applicants. Under this program, eligible freshman applicants may be offered the opportunity to enter into a dual admissions agreement with the California State University. (2) Student participation in the dual admissions program under this subdivision is voluntary. It is the intent of the Legislature that the incentives provided in paragraph (3) shall encourage students otherwise eligible for admission to the California State University to attend a campus of the California Community Colleges for their lower-division coursework. (3) The agreement shall include, but is not necessarily limited to, all of the following incentives: (A) A guarantee that the student will be admitted to a California State University campus during a future academic year, provided that the student successfully completes lower-division transfer requirements at a campus of the California Community Colleges. (B) Notwithstanding Section 76300, for each student who enrolls under this subdivision at a campus of the California Community Colleges pursuant to the dual admissions program in the 2004–05 academic year, a guarantee that any campus of the California Community Colleges shall waive fees for up to two academic years, irrespective of financial need, while that student is enrolled at that campus. (C) For each student who enrolls, under this subdivision, at a campus of the California Community Colleges pursuant to the dual admissions program in the 2005–06 academic year, or any academic year thereafter, a guarantee that any campus of the California Community Colleges shall waive fees for each financially needy student. For the purposes of this paragraph, financial need shall be determined by the standards established by the Board of Governors of the California Community Colleges in Section 58620 of Title 5 of the California Code of Regulations or in a successor regulation. (D) A guarantee that the student will receive counseling services from the California State University to ensure that the student is informed of the appropriate course requirements to be eligible for transfer to the California State University, and is also informed of the various financial aid options. (4) The Chancellor of the California State University shall annually submit to the Director of Finance, as part of the budget preparation process, an estimate of the number of students expected to participate, under this subdivision, in the dual admissions program in the succeeding academic year. (b) (1) Commencing with the 2004–05 academic year, and each academic year thereafter, the Legislature requests that the Regents of the University of California establish a dual admissions program for eligible freshman applicants. Under this program, eligible freshman applicants may be offered the opportunity to enter into a dual admissions agreement with the University of California. (2) Student participation in the dual admissions program under this subdivision is voluntary. It is the intent of the Legislature that the incentives provided in paragraph (3) shall encourage students otherwise eligible for admission to the University of California to attend a campus of the California Community Colleges for their lower-division coursework. (3) The agreement shall include, but is not necessarily limited to, all of the following incentives: (A) A guarantee that the student will be admitted to a University of California campus during a future academic year, provided that the student successfully completes lower-division transfer requirements at a campus of the California Community Colleges. (B) Notwithstanding Section 76300, for each student who enrolls under this subdivision at a campus of the California Community Colleges pursuant to the dual admissions program in the 2004–05 academic year, a guarantee that any campus of the California Community Colleges shall waive fees for up to two academic years, irrespective of financial need, while that student is enrolled at that campus. (C) For each student who enrolls, under this subdivision, at a campus of the California Community Colleges pursuant to the dual admissions program in the 2005–06 academic year, or any academic year thereafter, a guarantee that any campus of the California Community Colleges shall waive fees for each financially needy student. For the purposes of this paragraph, financial need shall be determined by the standards established by the Board of Governors of the California Community Colleges in Section 58620 of Title 5 of the California Code of Regulations or in a successor regulation. (D) A guarantee that the student will receive counseling services from the University of California to ensure that the student is informed of the appropriate course requirements to be eligible for transfer to the University of California, and is also informed of the various financial aid options. (4) The President of the University of California is requested to annually submit to the Director of Finance, as part of the budget preparation process, an estimate of the number of students expected to participate, under this subdivision, in the dual admissions program in the succeeding academic year. (c) Commencing with first-time freshman applicants for admission in the 2023–24 academic year, and for admission in each academic year through the 2025–26 academic year, a dual admissions agreement shall not be entered into pursuant to this section. (Amended by Stats. 2021, Ch. 144, Sec. 16. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66744.1. Source version: id_8afaa370-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. (a) As used in this section, unless the context requires otherwise, “university” means the California State University. (b) It is the intent of the Legislature that the California State University establish a dual admissions program as a separate transfer pathway for first-time freshman applicants, and that the dual admissions program be designed to aid in achieving the following goals: (1) Increasing access to the university for prospective underrepresented students experiencing limitations in high school curriculum offered, geographical constraints, or financial challenges. (2) Increasing graduation rates among underrepresented students. (3) Reducing student costs and time-to-degree completion. (4) Improving transfer pathways between the California Community Colleges, the University of California, and the university. (5) Increasing predictability for purposes of student and institutional planning. (c) Commencing with the 2023–24 academic year, and each academic year through the 2035–36 academic year, the Trustees of the California State University shall offer a dual admissions program for first-time freshman applicants who meet the criteria described in paragraph (1) of subdivision (e). Under this program, first-time freshman applicants may be offered the opportunity to enter into a dual admissions agreement with the university. The agreement shall include, but is not limited to, all of the following: (1) (A) A guarantee that the student will be admitted to a university campus during a future academic year if the student successfully completes an associate degree for transfer or another established course of study for transfer within three academic years at a California community college. (B) The guarantee of admission shall be for a specific university campus selected by the student at the time of the agreement. If the student’s desired major or selected university campus is impacted or oversubscribed, the agreement may specify supplementary criteria for the student to meet, such as required attainment of a grade point average above the minimum defined in the general admission requirements. The university shall specify in the agreement any applicable supplementary criteria, including the specific grade point average that the student must attain in lower-division coursework. If the student plans to complete an associate degree for transfer, the supplementary criteria shall not alter the unit requirements applicable to the selected associate degree for transfer. (2) For students who are eligible to have their fees waived pursuant to Article 1 (commencing with Section 76300) of Chapter 2 of Part 47 of Division 7, or under the California College Promise pursuant to Article 3 (commencing with Section 76396) of Chapter 2 of Part 47 of Division 7, a guarantee that the applicable campus of the California Community Colleges shall waive their fees while they are participating in the dual admissions program and enrolled at that campus. (3) A guarantee that the student shall have access to library, counseling, and other services from the applicable university campus or the university campus nearest to the student’s primary residence, and the applicable California Community College to ensure that the student is informed of the appropriate course requirements to qualify for transfer to the university, and is also informed of the various financial aid options. California Community Colleges are requested to indicate on the student’s education plan developed pursuant to Section 78212 that the student is participating in the dual admissions program. (d) To the extent feasible, the university is requested to provide each student who is offered the opportunity to enter into a dual admissions agreement with a provisional financial aid letter indicating the financial aid package the student may receive upon transfer to the university. The letter shall include federal, state, and institutional-based financial aid for which the student may qualify. If providing this information, the university shall clearly indicate that the financial aid package is subject to change based on updated financial information provided on the Free Application for Federal Student Aid (FAFSA) or the California Dream Act application, as applicable, and potential changes in rules governing the provision of federal, state, and institutional-based financial aid. (e) (1) In evaluating applications for dual admissions, the university shall only consider applicants who meet all of the following criteria: (A) The applicant is a first-time freshman applicant who will meet the university’s admissions eligibility criteria only upon completion of transfer requirements at a California community college. (B) The applicant provides supporting information regarding the applicant’s inability to meet freshman admissions eligibility criteria due to limitations in the high school curriculum offered or personal or financial hardship. For purposes of this subparagraph, supporting information may include, but is not limited to, a letter from a counselor or administrator at the applicant’s high school. (C) The applicant plans to complete either of the following: (i) An associate degree for transfer at a California community college. (ii) Another established course of study for transfer at a California community college. (2) The university shall prioritize offers of dual admissions agreements for students who plan to complete an associate degree for transfer at a California community college. (f) The California Community Colleges shall take the following actions to promote the program: (1) Share information about the program at new student orientation. (2) Provide information about the program through an annual email to the new students for each incoming fall term. (3) Post information about the program in an easily identifiable and accessible format on the campus website. (4) Post information about the program in counseling offices and transfer centers. (g) (1) On or before April 1, 2026, the university shall submit a progress report to the Department of Finance and the Legislature pursuant to Section 9795 of the Government Code. The report shall include, but not be limited to, all of the following information for each participating university campus: (A) The number and names of community colleges that partner with the university campus on a dual admission program. (B) A description of the support services the community college and university campus partners each are providing to dual admission students. (C) The number of students who applied, were admitted, filed a statement of intent to register, and enrolled at each university campus pursuant to a dual admission program, disaggregated by freshman eligibility, community college of attendance, and the race, ethnicity, gender, and, as applicable, federal Pell Grant and AB 540 status of these students. (D) For Fall 2023, 2024, and 2025, the breakdown of all transfer applicants, admits, students who submitted an intent to register, and students who enrolled by community college, race and ethnicity, gender, and Pell Grant or AB 540 status. The universities can satisfy this requirement through any existing public reporting, where applicable. (2) The report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (h) This section shall remain in effect only until January 1, 2037, and as of that date is repealed. (Amended by Stats. 2025, Ch. 421, Sec. 2. (SB 640) Effective January 1, 2026. Repealed as of January 1, 2037, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 2. Transfer Functions [66730 - 66744.2] SECTION 66744.2. Source version: id_18629953-f6cf-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=2. (a) As used in this section, unless the context requires otherwise, “university” means the University of California. (b) It is the intent of the Legislature that the University of California establish a dual admissions program as a separate transfer pathway for first-time freshman applicants, and that the dual admissions program be designed to aid in achieving the following goals: (1) Increasing access to the university for prospective underrepresented students experiencing limitations in high school curriculum offered, geographical constraints, or financial challenges. (2) Increasing graduation rates among underrepresented students. (3) Reducing student costs and time-to-degree completion. (4) Improving transfer pathways between the California community colleges, the California State University, and the university. (5) Increasing predictability for the purposes of student and institutional planning. (c) Commencing with the 2023–24 academic year, and each academic year through the 2025–26 academic year, the Regents of the University of California shall offer a dual admissions program for first-time freshman applicants who meet the eligibility criteria described in paragraph (1) of subdivision (f). Under this program, first-time freshman applicants may be offered the opportunity to enter into a dual admissions agreement with the university. The agreement shall include, but is not necessarily limited to, all of the following: (1) (A) A guarantee that the student will be admitted to a university campus during a future academic year if the student successfully completes an associate degree for transfer or a university equivalent to an associate degree for transfer established pursuant to subdivision (d), or another established course of study for transfer within two academic years at a California Community College. For purposes of this paragraph, the regents are requested to collaborate with the Board of Governors of the California Community Colleges to develop processes leading to the alignment of associate degree for transfer requirements between the university, the California State University, and the California Community Colleges. (B) The guarantee of admission shall be for a specific university campus selected by the student at the time of the agreement. If the student’s desired major or selected university campus is impacted or oversubscribed, the agreement may specify supplementary criteria for the student to meet, such as required attainment of a grade point average above the minimum defined in general admission requirements. The university shall specify in the agreement any applicable supplementary criteria, including the specific grade point average that the student must attain in lower-division coursework. If the student plans to complete an associate degree for transfer, the supplementary criteria shall not alter the unit requirements applicable to the selected associate degree for transfer, or university equivalent. (2) For students who are eligible to have their fees waived pursuant to Article 1 (commencing with Section 76300) of Chapter 2 of Part 47 of Division 7, or under the California College Promise pursuant to Article 3 (commencing with Section 76396) of Chapter 2 of Part 47 of Division 7, a guarantee that the applicable campus of the California Community Colleges shall waive their fees while they are participating in the dual admissions program and enrolled at that campus. (3) A guarantee that the student shall have access to library, counseling, and other services from the applicable university campus or the university campus nearest to the student’s primary residence, and the applicable California Community College to ensure that the student is informed of the appropriate course requirements to qualify for transfer to the university, and is also informed of the various financial aid options. California Community Colleges are requested to indicate on the student’s education plan developed pursuant to Section 78212 that the student is participating in the dual admissions program. (d) For purposes of establishing a dual admissions program pursuant to this section, the university may establish a, or use an existing, university equivalent to an associate degree for transfer in lieu of establishing a dual admissions program that relies upon participating students’ completion of an associate degree for transfer. If the university establishes a university equivalent to an associate degree for transfer, or uses an existing university equivalent to an associate degree for transfer, the university shall identify the following for prospective dual admissions students: (1) Courses that overlap between the existing associate degree for transfer pathway and its university equivalent pathway. (2) Courses that do not overlap between the existing associate degree for transfer pathway and its university equivalent pathway. (e) To the extent feasible, the university is requested to provide each student who is offered the opportunity to enter into a dual admissions agreement with a provisional financial aid letter indicating the financial aid package the student may receive upon transfer to the university. The letter shall include federal, state, and institutional-based financial aid for which the student may qualify. If providing this information, the university shall clearly indicate that the financial aid package is subject to change based on updated financial information provided on the Free Application for Federal Student Aid (FAFSA) or the California Dream Act application, as applicable, and potential changes in rules governing the provision of federal, state, and institutional-based financial aid. (f) (1) In evaluating applications for dual admissions, the university shall only consider applicants who meet all of the following criteria: (A) The applicant is a first-time freshman applicant who will meet the university’s admissions eligibility criteria only upon completion of transfer requirements at a California community college. (B) The applicant provides supporting information regarding the applicant’s inability to meet freshman admissions eligibility criteria due to limitations in the high school curriculum offered or personal or financial hardship. For purposes of this subparagraph, supporting information may include, but is not necessarily limited to, a letter from a counselor or administrator at the applicant’s high school. (C) The applicant plans to complete either of the following: (i) An associate degree for transfer at a California community college or a university equivalent established pursuant to subdivision (d). (ii) Another established course of study for transfer at a California community college. (2) The university shall prioritize offers of dual admissions agreements for students who plan to complete an associate degree for transfer at a California community college. (g) (1) On or before April 1, 2026, the university shall submit a progress report to the Department of Finance and the Legislature. The report shall include, but not be limited to, all of the following information for each participating university campus: (A) The number and names of community colleges that partner with the university campus on a dual admission program. (B) A description of the support services the community college and university campus partners each are providing to dual admission students. (C) The number of students who applied, were admitted, filed a statement of intent to register, and enrolled at each university campus pursuant to a dual admission program, disaggregated by freshman eligibility, community college of attendance, and the race, ethnicity, gender, and, as applicable, federal Pell Grant or AB 540 status of these students. (D) For Fall 2023, 2024, and 2025, the breakdown of all transfer applicants, admits, students who submitted an intent to register, and students who enrolled by community college of attendance, race, ethnicity, gender, and, as applicable, federal Pell Grant or AB 540 status. The universities can satisfy this requirement through any existing public reporting, where applicable. (2) The report to be submitted to the Legislature pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (h) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2021, Ch. 144, Sec. 18. (AB 132) Effective July 27, 2021. Repealed as of January 1, 2027, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66745. Source version: id_063b5cc6-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. This article shall be known, and may be cited as the Student Transfer Achievement Reform Act. (Added by Stats. 2010, Ch. 428, Sec. 2. (SB 1440) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66746. Source version: id_950dadd2-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) Commencing with the fall term of the 2011–12 academic year, a student who earns an associate degree for transfer granted pursuant to subdivision (b) shall be deemed eligible for transfer into a California State University baccalaureate program when the student meets both of the following requirements: (1) Completion of 60 semester units or 90 quarter units that are eligible for transfer to the California State University, including both of the following: (A) Commencing in the fall term of the 2025–26 academic year, the California General Education Transfer Curriculum. A student who is placed on the Intersegmental General Education Transfer Curriculum (IGETC) or the California State University General Education-Breadth Requirements before the fall term of the 2025–26 academic year and completes the pattern with appropriate certification shall be deemed to meet the requirements of this subparagraph. (B) A minimum of 18 semester units or 27 quarter units in a major or area of emphasis, as determined by the community college district and meeting the requirements of an approved transfer model curriculum. (2) Obtainment of a minimum grade point average of 2.0. (b) (1) (A) As a condition of receipt of state apportionment funds, a community college district shall develop and grant associate degrees for transfer that meet the requirements of subdivision (a). A community college district shall not impose any requirements in addition to the requirements of this section, including any local college or district requirements, for a student to be eligible for the associate degree for transfer and subsequent admission to the California State University pursuant to Section 66747. (B) Before the commencement of the 2015–16 academic year, a community college shall create an associate degree for transfer in the major and area of emphasis offered by that college for any approved transfer model curriculum finalized before the commencement of the 2013–14 academic year. (C) A community college shall create an associate degree for transfer in every major and area of emphasis offered by that college for any approved transfer model curriculum approved subsequent to the commencement of the 2013–14 academic year within 18 months of the approval of the transfer model curriculum. (D) Before the commencement of the 2015–16 academic year, there shall be the development of at least two transfer model curricula in areas of emphasis and, before the commencement of the 2016–17 academic year, there shall be the development of at least two additional transfer model curricula in areas of emphasis. (2) The condition of receipt of state apportionment funding contained in paragraph (1) shall become inoperative if, by December 31, 2010, each of the state’s 72 community college districts has submitted to the Chancellor of the California Community Colleges, for transmission to the Director of Finance, a signed certification waiving, as a local agency request within the meaning of paragraph (1) of subdivision (a) of Section 6 of Article XIII B of the California Constitution, any claim of reimbursement related to the implementation of this article. (c) A community college district is encouraged to consider the local articulation agreements and other work between the respective faculties from the affected community college and California State University campuses in implementing the requirements of this section. (d) Community colleges are encouraged to facilitate the acceptance of credits earned at other community colleges toward the associate degree for transfer pursuant to this section. (e) This section shall not preclude enrollment in nontransferable student success courses in preparation for obtaining the associate degree. Pretransfer noncollegiate level coursework and nontransferable student success courses shall not be counted as part of the transferable units required pursuant to paragraph (1) of subdivision (a). (Amended by Stats. 2025, Ch. 74, Sec. 4. (SB 619) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66747. Source version: id_4dfc8bfc-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) (1) Notwithstanding Chapter 4 (commencing with Section 66201), the California State University shall guarantee admission with junior status to any community college student who meets all of the requirements of Section 66746, with admission to a program or major and concentration, as applicable, that meets either of the following: (A) Is similar to the student’s community college transfer model curriculum-aligned associate degree for transfer, as determined by the California State University campus to which the student is admitted. (B) May be completed with 60 semester units of study beyond the community college transfer model curriculum-aligned associate degree for transfer, with completion ability determined by the California State University campus to which the student is admitted. (2) Admission to the California State University, as provided under this article, does not guarantee admission for a specific major or campus. (3) Notwithstanding Chapter 4 (commencing with Section 66201), the California State University shall grant a student priority admission to his or her local California State University campus and to a program or major and concentration that is similar to the student’s community college transfer model curriculum-aligned associate degree for transfer, as determined by the California State University campus to which the student is admitted. (4) A California State University campus shall accept transfer model curriculum-aligned associate degrees for transfer in every major and concentration offered by that California State University campus that meets the requirements of paragraph (1). A California State University campus shall additionally make every effort to accept transfer model curriculum-aligned associate degrees for transfer in each of the California State University concentrations. (5) As used in this section, a “concentration” is an area of specialization within a major degree program. (b) A student admitted under this article shall receive priority over all other community college transfer students, in accordance with subdivision (b) of Section 66202, excluding community college students who have entered into a transfer agreement between a community college and the California State University prior to the fall term of the 2012–13 academic year. A student admitted pursuant to this article shall have met the requirements of an approved transfer agreement consistent with subdivision (a) of Section 66202. (c) The California State University shall develop an admissions redirection process for students admitted under this article who apply for admission to the California State University, but are not accepted into the California State University campuses specifically applied to. This process shall be aligned with the guaranteed admission into the California State University system under subdivision (a). (Amended by Stats. 2013, Ch. 720, Sec. 3. (SB 440) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66748. Source version: id_063c201c-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) The California State University may require a student transferring pursuant to this article to take additional courses at the California State University so long as the student is not required to take any more than 60 additional semester units or 90 quarter units at the California State University for majors requiring 120 semester units or 180 quarter units. Specified high unit majors shall be exempt from this subdivision upon agreement by the Chancellors of the California State University and the California Community Colleges and their respective academic senates. (b) Community college transfer units shall not be applicable to upper division requirements at the California State University, unless agreed upon by the local Academic Senates of the California State University and the California Community Colleges and the transferred units do not exceed the required 60 semester units or 90 quarter units required pursuant to paragraph (1) of subdivision (a) of Section 66746. (c) The California State University shall not require students transferring pursuant to this article to repeat courses that are similar to those taken at the community college that counted toward the associate degree for transfer granted pursuant to Section 66746. (Added by Stats. 2010, Ch. 428, Sec. 2. (SB 1440) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66748.5. Source version: id_c7c55f7a-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. The California Community Colleges and the California State University, in consultation with students, faculty, student service administrators, the State Department of Education, the California Education Round Table, and other key stakeholders, shall develop a student-centered communication and marketing strategy in order to increase the visibility of the associate degree for transfer pathway for all students in California that includes, but is not necessarily limited to, all of the following: (a) Outreach to high schools in accordance with existing high school outreach programs and activities performed by the colleges and universities. (b) Information on the pathway prominently displayed in all community college counseling offices and transfer centers. (c) Associate degree for transfer pathway information provided to all first-year community college students developing an education plan to aid them in making informed educational choices. (d) Targeted outreach to first-year students through campus orientations and student support services programs offered by the campus that may include, but are not necessarily limited to, Federal TRIO Programs, First-Generation Experience, MESA, and Puente. (e) Information on the pathway prominently displayed in community college course catalogs. (f) Information on the pathway prominently displayed on the Internet Web sites of each community college, each campus of the California State University, and on the CaliforniaColleges.edu Internet Web site. (Added by Stats. 2013, Ch. 720, Sec. 4. (SB 440) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66749. Source version: id_063c472e-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) The Legislative Analyst’s Office shall review and report to the Assembly Committee on Higher Education, the Senate Committee on Education, and the respective education finance budget subcommittees of the Assembly and the Senate in the spring of 2012, an update on the implementation of this article. (b) The Legislative Analyst’s Office shall also review and report to the Assembly Committee on Higher Education, the Senate Committee on Education, and the respective education finance budget subcommittees of the Assembly and the Senate, within four years of implementation of this article, on both of the following: (1) The outcomes of implementation of this article, including, but not limited to, all of the following: (A) The number and percentage of community college students who transferred to the California State University and earned an associate degree for transfer pursuant to this article. (B) The average amount of time and units it takes a community college student earning an associate degree for transfer pursuant to this article to transfer to and graduate from the California State University, as compared to the average amount of time and units it took community college transfer students prior to enactment of this article, and compared to students using other transfer processes available. (C) Student progression and completion rates. (D) Other relevant indicators of student success. (E) The degree to which the requirements for an associate degree for transfer take into account existing articulation agreements and the degree to which community colleges facilitate the acceptance of credits between community college districts, as outlined in subdivisions (c) and (d) of Section 66746. (F) It is the intent of the Legislature that student outcome data provided under this subdivision include the degree to which the California State University was able to accommodate students admitted under this article to a campus of their choice and a major that is similar to their community college major. (2) Recommendations for statutory changes necessary to facilitate the goal of a clear and transparent transfer process, including whether this article should be made applicable to students transferring from community colleges to the University of California. (Added by Stats. 2010, Ch. 428, Sec. 2. (SB 1440) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66749.6. Source version: id_b8c69943-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) (1) An independent institution of higher education that chooses to accept an associate degree for transfer does not guarantee admission to a particular campus or program. (2) An independent institution of higher education that chooses to accept an associate degree for transfer, shall guarantee admission with junior status to a community college student who meets all of the requirements of Section 66746, with admission to a program or major and concentration, as applicable, that meets either of the following: (A) Is similar to the student’s community college transfer model curriculum-aligned associate degree for transfer, as determined by the independent institution of higher education to which the student is admitted. (B) May be completed with not more than 68 additional semester units for majors at institutions requiring 128 semester units or not more than 102 quarter units at institutions requiring 192 quarter units for a degree. An independent institution of higher education admitting a community college student with an associate degree for transfer may require the student to take additional courses at the institution as long as the student is not required to take any more than the additional semester units or quarter units specified in this subparagraph. High unit majors and additional campus-specific courses or requirements that an institution requires for graduation by all undergraduate students, and that would not otherwise be considered an educational requirement at a public institution, shall be exempt from this subparagraph. (b) Community college transfer units shall not be applicable to upper division requirements at an independent institution of higher education unless agreed upon by the local academic senates of the independent institution of higher education and the California Community Colleges, and the transferred units do not exceed the required 68 semester units or 102 quarter units, pursuant to subparagraph (B) of paragraph (2) of subdivision (a). (c) An independent institution of higher education shall not require students transferring pursuant to this article to repeat courses that are similar to those taken at the community college that counted toward the associate degree for transfer. (d) Discussions concerning the associate degree for transfer program, including the development of new majors, shall include participation by the association representing the largest number of independent institutions of higher education. (Amended by Stats. 2019, Ch. 53, Sec. 3. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66749.7. Source version: id_c26955a5-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. The Chancellor’s Office of the California Community Colleges and those independent institutions of higher education that choose to commit to accept a student with an associate degree for transfer, in consultation with students, faculty, student service administrators, the State Department of Education, the California Education Round Table, and other key stakeholders, shall develop a student-centered communication and marketing strategy in order to increase the visibility of the associate degree for transfer pathway for all students in California that may include, but is not necessarily limited to, all of the following: (a) Outreach to high schools relative to the associate degree for transfer pathway that build upon existing high school outreach programs and activities performed by the California State University and the University of California. (b) Pathway information that may be prominently displayed in all community college counseling offices and transfer centers. (c) Pathway information that may be provided to all first-year community college students developing an education plan to aid them in making informed educational choices. (d) Targeted outreach on the pathway that may be provided to first-year community college students through campus orientations and student support services programs offered by the campus that may include, but are not necessarily limited to, Federal TRIO Programs, First-Generation Experience, MESA, and Puente. (e) Information on the pathway that may be prominently displayed in community college course catalogs. (f) Information on the pathway that may be prominently displayed on the internet website of each community college and independent institution of higher education that chooses to commit to accept a student with an associate degree for transfer, and on the California Colleges internet website, californiacolleges.edu. (Amended by Stats. 2019, Ch. 53, Sec. 4. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66749.8. Source version: id_a54dad5e-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) (1) This section shall be known, and may be cited, as the Student Transfer Achievement Reform Act of 2021. (2) For purposes of this section, the following definitions apply: (A) “ADT” means associate degree for transfer. (B) “Committee” means the Associate Degree for Transfer Intersegmental Implementation Committee established in subdivision (b). (C) “Four-year postsecondary educational institution” means a campus of the University of California or California State University or an independent institution of higher education defined in subdivision (b) of Section 66010. (D) “STEM” means science, technology, engineering, and mathematics. (b) The Associate Degree for Transfer Intersegmental Implementation Committee is hereby established for the following purposes: (1) To serve as the primary entity charged with the oversight of the associate degree for transfer for the sole purpose of strengthening the pathway for students and to ensure it becomes the primary transfer pathway in California between campuses of the California Community Colleges and the University of California, the California State University, and participating independent institutions of higher education defined in subdivision (b) of Section 66010, so that more students can avail themselves of the pathway’s benefits. The oversight shall include, but is not limited to, all of the following: (A) Ensuring a reduction in the number of excess units accumulated by California Community College students before transferring to four-year postsecondary educational institutions. (B) Eliminating repetition of courses at four-year postsecondary educational institutions taken by California Community College students who successfully transfer into four-year postsecondary educational institutions. (C) Increasing the number of California Community College students who transfer into a four-year postsecondary educational institution through an ADT pathway. (2) To enhance coordination and communication between four-year postsecondary educational institutions and the California Community Colleges by providing a venue by which they can regularly meet and address issues that are impeding the purpose described in paragraph (1). (3) To provide the Legislature and the Governor with recommendations to support the purpose described in paragraph (1). (c) Meetings of the committee are subject to the Bagley-Keene Open Meeting Act established under Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (d) (1) The committee shall be convened by a third-party planning facilitator. The third-party planning facilitator shall perform all of the following duties: (A) Provide facilitation and staff support to the committee. (B) Develop written reports of the committee’s recommendations and progress pursuant to subdivisions (g) and (h). (C) Facilitate advisory groups as needed to support the committee’s goals. (2) For purposes of paragraph (1), the Office of Planning and Research may enter into an exclusive or nonexclusive contract with a third-party planning facilitator on a bid or negotiated basis. A contract entered into or amended pursuant to this paragraph shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and from the review or approval of any division of the Department of General Services. (3) The Office of Planning and Research shall report to the Department of Finance and relevant subcommittees of the Legislature on a contract awarded pursuant to paragraph (2) within 30 days of awarding the contract. The report shall include information on funding amounts provided to the contractor. (e) (1) The membership of the committee shall reflect its intersegmental function by including a cross-section of the stakeholders who will be needed to fulfill the committee’s responsibilities. (2) (A) Each of the following entities shall designate, on or before March 1, 2022, one representative to serve on the committee: (i) The office of the Chancellor of the California Community Colleges. (ii) The office of the Chancellor of the California State University. (iii) The office of the President of the University of California. (iv) The Association of Independent California Colleges and Universities. (v) The State Department of Education. (vi) The Student Senate for the California Community Colleges. (vii) The California State Student Association. (viii) The University of California Student Association. (ix) The Academic Senate for the California Community Colleges. (x) The Academic Senate of the California State University. (xi) The Academic Senate of the University of California. (B) Designating entities described in subparagraph (A) shall fill vacancies when their representative member positions on the committee are vacant. (3) (A) On or before March 1, 2022, five members of the committee shall be appointed as follows: (i) The Senate Committee on Rules shall appoint one member from the workforce sector with expertise in the fields of science, technology, engineering, or mathematics. (ii) The Speaker of the Assembly shall appoint one member with a background in higher education research that includes scholarship on student transfer issues in the state. (iii) The Lieutenant Governor shall appoint one member from an educational equity and social justice organization. (iv) The Governor shall appoint one member from an educational equity and social justice organization. (v) The Governor shall appoint one member who is a California community college student. (B) Appointing entities described in subparagraph (A) shall fill vacancies when their appointed member positions on the committee are vacant. (C) Members appointed pursuant to subparagraph (A) shall serve at the pleasure of their respective appointing entities. (4) The first chair of the committee shall be the representative from the office of the Chancellor of the California Community Colleges and shall serve a two-year term. Following the first chair’s two-year term, the committee shall elect a chair from its members to serve a two-year term. A member shall not serve consecutive terms as chair of the committee and the position of chair shall rotate among the members of the committee. (f) To support the goals of the committee described in subdivision (g) and obtain additional input from other interested stakeholders, the third-party planning facilitator identified pursuant to paragraph (2) of subdivision (d) may engage with the expertise of faculty through existing intersegmental oversight bodies and workgroups, including, but not limited to, the Intersegmental Committee of the Academic Senates, the Intersegmental Curriculum Council, the Intersegmental Coordinating Committee, and the California Intersegmental Articulation Council. The committee shall also use the members designated pursuant to clauses (ix) to (xi), inclusive, of subparagraph (A) of paragraph (2) of subdivision (e) as liaisons to their respective curriculum workgroups to ensure better coordination and alignment. (g) On or before December 31, 2023, the committee shall provide the Legislature with recommendations on all of the following issues impeding the scaling of the ADT and streamlining transfer across segments for students: (1) Identifying annual goals for increasing transfer rates in California and closing racial equity gaps in transfer outcomes to be adopted by the state. Specifically, these goals shall include all of the following: (A) Annual goals for improving transfer attainment needed to meet the state’s workforce demands. (B) Goals for closing gaps in transfer outcomes by race. (C) Goals for closing regional opportunity gaps to access ADT pathways. (D) Annual goals to meet the statewide degree attainment goal of 70 percent. (2) Proposing a new unit threshold for STEM degree pathways that meet the requirements for admission to the California State University and the University of California. The recommendations made pursuant to this paragraph shall comply with both of the following requirements: (A) The recommendations shall include sufficient evidence supporting a higher unit threshold for each STEM degree pathway, including an analysis of colleges that have succeeded in adopting similar pathways within the 60-unit framework for lower division units taken at the California Community Colleges. (B) A recommendation for a differing unit threshold within a STEM degree pathway shall not recommend a change of more than six units. (3) Reengaging ADT earners who do not transfer or apply for transfer into a four-year postsecondary educational institution. (h) On or before December 31, 2024, the committee shall achieve all of the following: (1) Establish timelines and reporting deadlines for the existing regular review of declaring or matching transfer model curricula similar to the California State University majors for admissions purposes. In doing this, the committee shall develop a plan to establish reporting and accountability requirements to ensure that transfer model curricula are aligned with the ADT. (2) Develop a plan for the periodic analysis and creation of additional transfer model curricula for the ADT to respond to evolving workforce demands, including STEM degree pathways, and degree pathways that will aid in the economic recovery from the COVID-19 pandemic, such as nursing and cybersecurity. The plan shall establish venues for professional collaboration in consultation with academic senates and appropriate discipline faculty on degree production, major alignment, and workforce- or industry-specific relevance. (3) (A) Develop a comprehensive communications plan and guidance on student-centered outreach to inform students about the ADT pathway and to ensure prompt and accurate information is communicated across four-year postsecondary educational institutions, the California Community Colleges, and elementary and secondary education. (B) The plan developed under subparagraph (A) shall include, but not be limited to, guidance to community college counselors and articulation officers on their role in communicating the value of the ADT pathway, guidance to high school counselors on incorporating the ADT pathway into their menu of college options, and templates that can be customized for outreach in local contexts. The communications plan shall also address how updates about the ADT pathways, including new majors and new participating four-year postsecondary educational institutions, will be communicated to four-year postsecondary educational institutions, the California Community Colleges, and high schools. (C) The plan developed under subparagraph (A) shall address how updates about the ADT pathway will be regularly communicated to four-year postsecondary educational institutions, the California Community Colleges, and high schools so that counselors, advisers, and student support staff engaged in educating students about their college options, participating four-year postsecondary educational institutions, and degree options, have the most current information about the ADT pathway, and are aware of updates to the program such as new majors or new participating four-year postsecondary educational institutions. (4) Provide feedback for the regular review and identification of updates needed to the ADT internet website maintained by the California Community Colleges to ensure current information and updates are communicated to students, families, and student support staff engaged in educating students about their college options, participating four-year postsecondary educational institutions, and degree options. (i) On or before April 30, 2026, the committee shall provide the Legislature with both of the following: (1) Actions taken and milestones achieved by the committee, and any additional recommendations based on the committee’s continued oversight of the ADT and issues impeding streamlining transfer across segments for students. (2) An update on the progress in closing equity gaps by race and ethnicity in transfer outcomes. (j) (1) On or before May 31, 2023, the Intersegmental Committee of the Academic Senates of the University of California, the California State University, and the California Community Colleges shall establish a singular lower division general education pathway that meets the academic requirements necessary for transfer admission to both the California State University and University of California. If the Intersegmental Committee of the Academic Senates of the University of California, the California State University, and the California Community Colleges is unable to come to agreement on or before May 31, 2023, the respective administrative bodies of those segments shall establish a singular lower division general education pathway that meets the academic requirements necessary for transfer admission to the California State University and the University of California by December 31, 2023. (2) Commencing with the fall term of the 2025–26 academic year, the singular lower division general education pathway established pursuant to paragraph (1) shall be the only lower division general education pathway used to determine academic eligibility and sufficient academic preparation for transfer admission to the California State University and the University of California. (3) The singular lower division general education pathway established pursuant to paragraph (1) shall not lengthen the time-to-degree and shall not include more units than is required under the Intersegmental General Education Transfer Curriculum on July 31, 2021. (k) (1) On or before August 1, 2024, where ADTs for major pathways exist, the California Community Colleges shall place students on the ADT pathway if students declare a goal of transfer on their mandatory education plans pursuant to the Seymour-Campbell Student Success Act of 2012 (Article 1 (commencing with Section 78210) of Chapter 2 of Part 48 of Division 7) and such a pathway exists for their intended major, to maximize the probability that students will transfer into a four-year postsecondary educational institution and earn a degree in their chosen field of study in a timely manner, and to minimize the accrual of excess units. (2) A student may opt out of the ADT pathway for a local associate degree or if the student plans to apply to transfer to a University of California campus or an independent institution of higher education defined in subdivision (b) of Section 66010. Each community college shall use their existing processes for student education plans pursuant to the Seymour-Campbell Student Success Act of 2012 (Article 1 (commencing with Section 78210) of Chapter 2 of Part 48 of Division 7) and enrollments to implement the opt-out feature where an ADT exists. (3) This section shall not be construed to prohibit a student from being on the ADT pathway and also applying to transfer to a University of California campus or an independent institution of higher education defined in subdivision (b) of Section 66010. (4) If an ADT pathway does not exist in the student’s chosen major, then there is no ADT pathway on which to place the student. This subdivision does not apply to students seeking to complete a community college baccalaureate degree program or a career technical education program that does not have an ADT pathway. (l) Funding appropriated in the Budget Act of 2021 or subsequent budget acts to support the continued implementation of a guided pathways program pursuant to the California Community College Guided Pathways Grant Program established pursuant to Part 54.81 (commencing with Section 88920) of Division 7 may be used by community colleges to implement this section. It is the intent of the Legislature that community colleges also prioritize additional funding received in the 2021–22 fiscal year or a subsequent fiscal year to assist students’ success through transfer programs to the extent the activities performed pursuant to this section are not prohibited by the legislative appropriations. (m) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Amended (as added by Stats. 2021, Ch. 566, Sec. 2) by Stats. 2024, Ch. 696, Sec. 2. (AB 2057) Effective January 1, 2025. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 3 of Stats. 2024, Ch. 696.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66749.8. Source version: id_af6ac9e0-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) (1) This section shall be known, and may be cited, as the Student Transfer Achievement Reform Act of 2021. (2) For purposes of this section, the following definitions apply: (A) “ADT” means associate degree for transfer. (B) “Four-year postsecondary educational institution” means a campus of the University of California or California State University or an independent institution of higher education defined in subdivision (b) of Section 66010. (C) “STEM” means science, technology, engineering, and mathematics. (b) (1) On or before May 31, 2023, the Intersegmental Committee of the Academic Senates of the University of California, the California State University, and the California Community Colleges shall establish a singular lower division general education pathway that meets the academic requirements necessary for transfer admission to both the California State University and University of California. If the Intersegmental Committee of the Academic Senates of the University of California, the California State University, and the California Community Colleges is unable to come to agreement on or before May 31, 2023, the respective administrative bodies of those segments shall establish a singular lower division general education pathway that meets the academic requirements necessary for transfer admission to the California State University and the University of California by December 31, 2023. (2) Commencing with the fall term of the 2025–26 academic year, the singular lower division general education pathway established pursuant to paragraph (1) shall be the only lower division general education pathway used to determine academic eligibility and sufficient academic preparation for transfer admission to the California State University and the University of California. (3) The singular lower division general education pathway established pursuant to paragraph (1) shall not lengthen the time-to-degree and shall not include more units than is required under the Intersegmental General Education Transfer Curriculum on July 31, 2021. (c) (1) On or before August 1, 2024, where ADTs for major pathways exist, the California Community Colleges shall place students on the ADT pathway if students declare a goal of transfer on their mandatory education plans pursuant to the Seymour-Campbell Student Success Act of 2012 (Article 1 (commencing with Section 78210) of Chapter 2 of Part 48 of Division 7) and such a pathway exists for their intended major, to maximize the probability that students will transfer into a four-year postsecondary educational institution and earn a degree in their chosen field of study in a timely manner, and to minimize the accrual of excess units. (2) A student may opt out of the ADT pathway for a local associate degree or if the student plans to apply to transfer to a University of California campus or an independent institution of higher education defined in subdivision (b) of Section 66010. Each community college shall use their existing processes for student education plans pursuant to the Seymour-Campbell Student Success Act of 2012 (Article 1 (commencing with Section 78210) of Chapter 2 of Part 48 of Division 7) and enrollments to implement the opt-out feature where an ADT exists. (3) This section shall not be construed to prohibit a student from being on the ADT pathway and also applying to transfer to a University of California campus or an independent institution of higher education defined in subdivision (b) of Section 66010. (4) If an ADT pathway does not exist in the student’s chosen major, then there is no ADT pathway on which to place the student. This subdivision does not apply to students seeking to complete a community college baccalaureate degree program or a career technical education program that does not have an ADT pathway. (d) Funding appropriated in the Budget Act of 2021 or subsequent budget acts to support the continued implementation of a guided pathways program pursuant to the California Community College Guided Pathways Grant Program established pursuant to Part 54.81 (commencing with Section 88920) of Division 7 may be used by community colleges to implement this section. It is the intent of the Legislature that community colleges also prioritize additional funding received in the 2021–22 fiscal year or a subsequent fiscal year to assist students’ success through transfer programs to the extent the activities performed pursuant to this section are not prohibited by the legislative appropriations. (e) This section shall become operative on July 1, 2027. (Amended (as added by Stats. 2021, Ch. 566, Sec. 3) by Stats. 2024, Ch. 696, Sec. 3. (AB 2057) Effective January 1, 2025. Operative July 1, 2027, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66749.81. Source version: id_9ecb6c44-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) For purposes of this section, the following definitions apply: (1) “ADT” means associate degree for transfer. (2) “Four-year postsecondary educational institution” means a campus of the University of California or the California State University or an independent institution of higher education defined in subdivision (b) of Section 66010. (3) “STEM” means science, technology, engineering, and mathematics. (4) “TMC” means transfer model curriculum, or transfer model curricula, as appropriate. (b) (1) The 60-unit lower division maximum requirement shall be retained for an ADT, with the exception of paragraph (2). (2) For STEM major pathways identified as high-unit STEM pathways by the Associate Degree for Transfer Intersegmental Implementation Committee established pursuant to Section 66749.8, ADT pathways may be established that contain up to, but no more than, 66 units of lower division coursework, and require the submission of clear evidence and rationale for the one to six additional units of lower division coursework proposed during the TMC approval process. This clear evidence and rationale shall include both of the following: (A) An explanation of which proposed additional units do not fit within the 60-unit lower division maximum requirement for ADT pathways. (B) An explanation of the need for one to six additional units to be added to the lower division coursework to earn an ADT that fall within the academic major preparation for the TMC. (3) The clear evidence and rationale described in paragraph (2) shall first be reviewed by the Intersegmental Curriculum Council, and then reviewed by the office of the Chancellor of the California Community Colleges. (4) The clear evidence and rationale described in paragraph (2) shall be posted publicly on the internet website of the office of the Chancellor of the California Community Colleges. (c) (1) On or before January 1, 2025, TMC drafts shall be submitted to the office of the Chancellor of the California Community Colleges for the high-unit STEM pathways of biology, chemistry, computer science, engineering, environmental science, mathematics, and physics for the purposes of meeting admissions eligibility to both the California State University and the University of California segments, and other four-year institutions that choose to participate in the ADT, such as members of the Association of Independent California Colleges and Universities and Historically Black Colleges and Universities currently engaged with the office of the Chancellor of the California Community Colleges. Where a single TMC to both the University of California and the California State University is not possible, clear evidence and rationale explaining why separate TMCs are needed shall be required and submitted to the office of the Chancellor of the California Community Colleges, the office of the Chancellor of the California State University, and the office of the President of the University of California. This clear evidence and rationale shall include, but is not limited to, all of the following: (A) The additional courses and units that determine a single TMC is not possible. (B) The programs and campuses of the California State University and the University of California that determine a single TMC is not possible. (C) Data on transfer student enrollment, retention, progression, and success outcomes where available within each system that demonstrate the need for separate TMCs. (2) The clear evidence and rationale described in paragraph (1) shall be posted publicly on the internet website of the office of the Chancellor of the California Community Colleges. (d) (1) Within 18 months of the creation of California Community Colleges Chancellor’s Office templates for a new TMC, or the approval of revisions to an existing TMC, community colleges shall create an ADT for each TMC adopted in every major and area of emphasis offered by the community college pursuant to subdivision (c). (2) Within 12 months of the approval of a TMC pursuant to paragraph (1), each California State University campus shall determine similarity of the TMC to a baccalaureate degree in a similar major to the TMC. University of California and Association of Independent California Colleges and Universities campuses are encouraged to identify those TMCs that fulfill major preparation requirements for guaranteed transfer admission with an ADT. (3) For the purposes of determining similarity pursuant to paragraph (2), after a TMC is created or revised for a major, each California State University campus shall determine if there is a baccalaureate degree in a similar major to the TMC. This determination of similarity shall ensure that students who earn the ADT, that is created under the parameters of that TMC, are guaranteed admission in that similar major at one of the California State University campuses offering that major and shall be required to complete no more than 60 units after transfer to earn the baccalaureate degree that is deemed similar to the major of the ADT if the student stays on that ADT pathway. (e) Transparency concerning the membership and composition of the faculty discipline review groups and other intersegmental curriculum groups is required as follows: (1) For each faculty discipline review group, the Academic Senate for California Community Colleges shall regularly report to the office of the Chancellor of the California Community Colleges, and the Academic Senate of the California State University shall regularly report to the office of the Chancellor of the California State University, all of the following: (A) The total number of faculty members serving on each faculty discipline review group, including all of the following: (i) The number of faculty members who work as instructional faculty for a California community college. (ii) The number of faculty members who work as instructional faculty for a California State University campus. (iii) The number of faculty members who work as instructional faculty for a University of California campus. (iv) The number of faculty members who work as instructional faculty for an independent institution of higher education, as defined in subdivision (b) of Section 66010. (B) The names of each faculty member serving on a faculty discipline review group. (C) The postsecondary educational institution where each faculty member serving on a faculty discipline review group works as an instructional faculty member. (D) The academic disciplines in which each faculty member serving on a faculty discipline review group provides classroom instruction at a postsecondary educational institution. (2) The office of the Chancellor of the California Community Colleges and the office of the Chancellor of the California State University shall regularly update their internet websites to reflect the membership and composition of the segment’s faculty members serving on faculty discipline review groups pursuant to paragraph (1). (Amended by Stats. 2025, Ch. 67, Sec. 65. (AB 1170) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.2. Student Transfer [66720 - 66749.9] ARTICLE 3. Student Transfer Achievement Reform Act [66745 - 66749.9] SECTION 66749.9. Source version: id_b904fac2-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.2.&article=3. (a) This section shall be known, and may be cited, as the University of California Associate Degree for Transfer Pilot Program. (b) (1) The University of California, Los Angeles shall do both of the following: (A) By the 2026–27 academic year, declare at least eight majors at the University of California, Los Angeles as similar to the transfer model curricula from select community colleges chosen by the University of California, Los Angeles and prioritize admission of a student who earns an associate degree for transfer and meets the requirements of one of the transfer model curricula. (B) (i) By the 2028–29 academic year, declare at least 12 majors, with at least 4 of those 12 majors in the science, technology, engineering, and mathematics (STEM) fields, at the University of California, Los Angeles as similar to the transfer model curricula from select community colleges chosen by the University of California, Los Angeles and prioritize admission of a student who earns an associate degree for transfer and meets the requirements of one of the transfer model curricula. (ii) The University of California, Los Angeles shall make every effort to ensure that the transfer model curricula declared similar to the STEM majors do not require the completion of more than 60 semester units and if one or more of the transfer model curricula do not meet this limit, the University of California, Los Angeles shall provide a written justification to the Legislature detailing what attempts were made to adhere to the limit and demonstrate how the transfer model curricula can be completed in no more than 66 semester units or the equivalent of two additional courses above 60 semester units. (2) By the 2028–29 academic year, the University of California shall designate at least five campuses of the University of California to declare at least 12 majors at the applicable campus as similar to the transfer model curricula from select community colleges chosen by that campus, except that the 12 major minimum shall not apply to the University of California, Merced if designated, and prioritize admission of a student who earns an associate degree for transfer and meets the requirements of one of the transfer model curricula. (c) The applicable campus of the University of California shall determine the appropriate admissions preference for a student who earns an associate degree for transfer and meets the requirements of one of the transfer model curricula described in subdivision (b). (d) For a student who earns an associate degree for transfer and meets the requirements of one of the transfer model curricula described in subdivision (b), in addition to other University of California admission requirements, but is not granted admission to the applicable campus of the University of California, that campus shall redirect the student to other campuses of the University of California and the student shall be offered admission to at least one other campus of the University of California. (e) (1) By February 1, 2027, the Legislative Analyst’s Office shall review the pilot program and submit an interim report to the Assembly Committee on Higher Education, the Senate Committee on Education, and the respective education finance budget subcommittees of the Assembly and the Senate on the pilot program that includes relevant information on admissions and redirection outcomes. (2) By June 1, 2030, the Legislative Analyst’s Office shall review the pilot program and submit a final report on the pilot program to the Assembly Committee on Higher Education, the Senate Committee on Education, and the respective education finance budget subcommittees of the Assembly and the Senate. The Legislative Analyst’s Office shall make the final report publicly available and the Regents of the University of California shall consider and discuss the final report during an open session of a regularly scheduled meeting of the regents. The final report shall include additional information on admissions, redirection, student demographics, and student completion outcomes, and recommendations on whether and how the pilot program can or should be extended or expanded. The recommendations shall take into consideration relevant information, including, but not limited to, all of the following: (A) Factors such as negative impacts on student diversity or the freshman to transfer student ratio, as determined by the University of California. (B) The pilot program’s impact on streamlining transfer pathways for community college students. (C) Best practices from other similar programs, such as the University of California, Merced Transfer Project. (f) It is the intent of the Legislature that, by the 2031–32 academic year, each undergraduate campus of the University of California will declare at least 12 majors, and evaluate the possibility of declaring at least 16 majors, at the respective campus as similar to the transfer model curricula from select community colleges chosen by the campus and prioritize admission of a student who earns an associate degree for transfer and meets the requirements of one of the transfer model curricula. However, these 12 and 16 major minimums do not apply to the University of California, Merced. (Amended by Stats. 2024, Ch. 80, Sec. 38. (SB 1525) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.5. Cross-Enrollment [66750 - 66754] SECTION 66750. Source version: id_fd4bef61-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.5.&article= For purposes of this chapter, the following definitions apply: (a) “Home campus” means the campus at which the student is matriculated. (b) “Host campus” means the campus to which the student seeks access. (Added by Stats. 1994, Ch. 552, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.5. Cross-Enrollment [66750 - 66754] SECTION 66751. Source version: id_fd4bef63-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.5.&article= Any student enrolled in any campus of the California Community Colleges, the California State University, or the University of California who meets the requirements of Section 66752 may enroll without formal admission and, except as provided in Section 66753, payment of additional fees, in a maximum of one course per academic term at a campus of either of the other systems on a space available basis at the discretion of the appropriate campus authorities on both campuses. A student enrolled in a course pursuant to this chapter shall be provided access to necessary instructional support services at the host campus in the same manner as students regularly enrolled in the course. (Added by Stats. 1994, Ch. 552, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.5. Cross-Enrollment [66750 - 66754] SECTION 66752. Source version: id_fd4d7605-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.5.&article= A student is qualified to participate in the program established by this chapter if he or she is enrolled in any campus of the California Community Colleges, the California State University, or the University of California and meets the following requirements: (a) The student has completed at least one term at the home campus as a matriculated student and is taking at least six units at the home campus during the current term. (b) The student has attained a grade point average of 2.0 (grade of C) for work completed. (c) The student has paid appropriate tuition or fees, or both, required by the home campus for the academic term in which the student seeks to cross-enroll. (d) The student has the appropriate academic preparation, as determined by the host campus, consistent with the standard applied to currently enrolled students, to enroll in the course in which the student seeks to enroll. (Added by Stats. 1994, Ch. 552, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.5. Cross-Enrollment [66750 - 66754] SECTION 66752.5. Source version: id_fd4d7607-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.5.&article= Courses that are not state-supported, including extension and summer session courses, are not subject to this chapter. (Added by Stats. 1994, Ch. 552, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.5. Cross-Enrollment [66750 - 66754] SECTION 66753. Source version: id_fd4d7609-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.5.&article= (a) (1) The Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California shall establish procedures so that a student meeting the requirements of Section 66752 may be certified by the home campus as to eligibility, residence, fee, financial aid, and health status. (2) The host campus may require the applicant to submit additional information as needed. The host campus may charge participating students an administration fee, not to exceed an amount sufficient for the campus to recover the full amount of the administrative costs it incurs under this chapter. (b) A student enrolled pursuant to this chapter shall be exempt from participation in the matriculation services described in Article 1 (commencing with Section 78210) of Chapter 2 of Part 48. (Amended by Stats. 2003, Ch. 457, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.5. Cross-Enrollment [66750 - 66754] SECTION 66753.5. Source version: id_fd4d760b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.5.&article= The enrollment of a student at a host campus pursuant to this chapter shall not be counted in the calculation of headcount or full-time equivalent student enrollment at the host campus. The home campus may count in the calculation of headcount or full-time equivalent student enrollment only those units for which the student is enrolled at the home campus. (Amended by Stats. 1995, Ch. 758, Sec. 38.7. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.5. Cross-Enrollment [66750 - 66754] SECTION 66754. Source version: id_fd4d760d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.5.&article= This chapter shall become operative commencing with the fall 1995 term. (Added by Stats. 1994, Ch. 552, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66760. Source version: id_227ff50a-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= For the purposes of this chapter, the following definitions apply: (a) “Chancellor” means the Chancellor of the California State University. (b) “CSU” means the California State University. (c) “Home campus” means the California State University campus at which the student matriculates. (d) “Host campus” means the campus to which the student seeks access. (Added by Stats. 2013, Ch. 363, Sec. 2. (AB 386) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66760.5. Source version: id_c16485ed-fce9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= A California resident enrolled at a CSU campus who meets the requirements of subdivision (a) of Section 66761 may enroll, without formal admission, and without payment of additional tuition or fees, except as provided in Section 66761.5, in a course provided entirely online by another CSU campus on a space-available basis. Nonresident and international CSU students who meet these conditions may also enroll in an online course provided by another CSU campus, but shall pay the per unit fees for this course at the host campus. (Amended by Stats. 2018, Ch. 524, Sec. 1. (AB 1062) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66761. Source version: id_22801c1e-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= (a) A student is qualified to participate in the program established by this chapter if he or she is enrolled at a CSU campus and meets the following requirements: (1) The student has attained a grade point average of 2.0 on a 4-point scale for work completed. (2) The student has paid appropriate tuition or fees, or both, required by the home campus for full-time enrollment for the academic term in which the student seeks to cross-enroll. (3) The student has no outstanding tuition or fees to be paid at the home campus. (b) Each CSU campus shall inform students who may enroll in an online course pursuant to this chapter of all of the following: (1) The technical requirements a student must satisfy in order to successfully participate in, and complete, the online course. (2) Any prerequisite courses or other academic preparation deemed necessary for the online course. (3) Any materials, skills, knowledge, or other elements necessary to ensure a student’s opportunity to succeed in the online course. (Added by Stats. 2013, Ch. 363, Sec. 2. (AB 386) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66761.5. Source version: id_22801c20-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= The host campus may charge participating students a reasonable administration fee and specific course-based fees, not to exceed an amount sufficient for the campus to recover reasonable administrative costs it incurs pursuant to this chapter. (Added by Stats. 2013, Ch. 363, Sec. 2. (AB 386) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66762. Source version: id_22801c22-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= The chancellor’s office shall establish a convenient online methodology so that students meeting the requirements of subdivision (a) of Section 66761 may do both of the following: (a) Be informed of the opportunity to access courses provided entirely online by another CSU campus. (b) Simultaneously enroll in courses at their home campus and enroll in courses provided entirely online at another CSU campus, as provided for in Section 66762.5. (Added by Stats. 2013, Ch. 363, Sec. 2. (AB 386) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66762.5. Source version: id_67836dda-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= A matriculated CSU student shall have priority access to online courses provided at his or her home campus. A CSU student who meets the requirements of subdivision (a) of Section 66761, and seeks to enroll in courses provided entirely online by another CSU campus, shall be able to enroll, provided that cross-enrollment students generally have an opportunity to enroll in these online courses at any time after the priority enrollment period for continuing students, as determined by each host campus. The enrollment policy of the host campus shall, to the extent possible, encourage cross-enrollment as provided for in this chapter. (Amended by Stats. 2014, Ch. 71, Sec. 44. (SB 1304) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66763. Source version: id_22801c26-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= A course provided entirely online pursuant to this chapter shall be accepted for credit at the student’s home campus on the same basis as it would be for a student matriculated at the host campus. (Added by Stats. 2013, Ch. 363, Sec. 2. (AB 386) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66763.5. Source version: id_22804338-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= The enrollment of a student at a host campus pursuant to this chapter may be counted in the calculation of headcount or full-time equivalent student enrollment at the host campus. The home campus and the host campus at which the student is cross-enrolled may count in the calculation of headcount or full-time equivalent student enrollment only those units for which the student is enrolled at each respective campus. (Added by Stats. 2013, Ch. 363, Sec. 2. (AB 386) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.6. Cross-Enrollment in Online Education at California State University [66760 - 66764] SECTION 66764. Source version: id_e6423c9f-fce9-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.6.&article= The trustees shall establish both of the following: (a) An easily accessible online database of online courses available at all CSU campuses. This database shall provide CSU students with a streamlined process within the CSU system to allow students to find and enroll in courses that will earn them credit toward graduation, general education, and major requirements. (b) Plans for an intrasystem cross-enrollment process to expedite student learning that will be operational at the beginning of the 2015–16 academic year. (Amended by Stats. 2018, Ch. 524, Sec. 2. (AB 1062) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.7. Cross-Enrollment in Online Education between Campuses of the California Community Colleges [66770 - 66773.5] SECTION 66770. Source version: id_01defb5b-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.7.&article= For purposes of this chapter, the following definitions apply: (a) “California Virtual Campus” means the efforts to expand the delivery of courses through technology pursuant to Schedule 26 and Provision 42 of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2013 (Chapter 20 of the Statutes of 2013). (b) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (c) “Home college” means the campus of the California Community Colleges at which a student is matriculated. (d) “Online course exchange” means the technological mechanism used by the California Virtual Campus to offer online-only courses that have highest demand, fill quickly, and are prerequisites for many different courses. (e) “Teaching college” means the campus of the California Community Colleges to which a student seeks access. (Amended by Stats. 2023, Ch. 188, Sec. 2. (SB 886) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.7. Cross-Enrollment in Online Education between Campuses of the California Community Colleges [66770 - 66773.5] SECTION 66770.5. Source version: id_74d3016e-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.7.&article= (a) A California resident who meets the requirements of subdivision (a) of Section 66771 and who is enrolled at a home college may enroll, without formal admission, and without payment of additional fees or tuition, in a course provided entirely online by a teaching college, except as provided in subdivision (c) of Section 66771. (b) A nonresident student or an international student who satisfies the conditions set forth in subdivision (a) may enroll in an online course provided by a teaching college, but shall be required to pay nonresident tuition for this course at the teaching college in accordance with Section 76140. (Added by Stats. 2017, Ch. 743, Sec. 1. (AB 637) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.7. Cross-Enrollment in Online Education between Campuses of the California Community Colleges [66770 - 66773.5] SECTION 66771. Source version: id_062864dd-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.7.&article= (a) A student is qualified to participate in the program established by this chapter if the student is enrolled at a home college that is part of the California Virtual Campus and meets all of the following requirements: (1) The student has attained a grade point average of at least 2.0 on a 4-point scale for completed coursework. (2) The student has paid the appropriate fees and tuition required by the home college for enrollment in the academic term in which the student proposes to cross-enroll. (3) The student has no outstanding fees or tuition to be paid at the home college. (b) A teaching college shall inform each student who enrolls in an online course pursuant to this chapter of all of the following: (1) The technical requirements that must be satisfied by a student in order to successfully participate in, and complete, the online course. (2) Any prerequisite course, or other academic preparation, deemed necessary for enrollment in the online course. (3) Any materials, skills, knowledge, or other elements that are necessary to ensure that a student has an opportunity to succeed in the online course. (c) The teaching college shall charge participating students the appropriate course enrollment fees for residents as applicable and to the extent required by law. (Amended by Stats. 2023, Ch. 188, Sec. 3. (SB 886) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.7. Cross-Enrollment in Online Education between Campuses of the California Community Colleges [66770 - 66773.5] SECTION 66772. Source version: id_74d30172-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.7.&article= The chancellor’s office shall establish a convenient online methodology so that a student who meets the requirements of subdivision (a) of Section 66771 may accomplish all of the following: (a) Be informed of the opportunity to access courses provided entirely online by another teaching college. (b) Simultaneously enroll in courses at his or her home college and courses provided entirely online by another teaching college. (c) Provide consent to electronically transfer all relevant enrollment data to the teaching college. (Added by Stats. 2017, Ch. 743, Sec. 1. (AB 637) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.7. Cross-Enrollment in Online Education between Campuses of the California Community Colleges [66770 - 66773.5] SECTION 66773. Source version: id_74d30174-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.7.&article= A course provided entirely online pursuant to this chapter shall be accepted for credit at the student’s home college on the same basis as it would be for a student matriculated at the teaching college. (Added by Stats. 2017, Ch. 743, Sec. 1. (AB 637) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40. DONAHOE HIGHER EDUCATION ACT [66000 - 67400] CHAPTER 9.7. Cross-Enrollment in Online Education between Campuses of the California Community Colleges [66770 - 66773.5] SECTION 66773.5. Source version: id_74d30176-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.&chapter=9.7.&article= The enrollment of a student at a teaching college pursuant to this chapter may be counted in the calculation of headcount or full-time equivalent student enrollment at the teaching college. The home college and the teaching college at which the student is cross-enrolled may count, in the calculation of headcount or full-time equivalent student enrollment, only those course units for which the student is enrolled at each respective campus. (Added by Stats. 2017, Ch. 743, Sec. 1. (AB 637) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.2. FINISH IN FOUR AND THROUGH IN TWO [67430 - 67434] SECTION 67430. Source version: id_d6f8103c-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.2.&chapter=&article= This part shall be known, and may be cited, as the Finish in Four and Through in Two program. (Amended by Stats. 2024, Ch. 677, Sec. 2. (AB 1205) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.2. FINISH IN FOUR AND THROUGH IN TWO [67430 - 67434] SECTION 67431. Source version: id_20f06abc-ca2b-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.2.&chapter=&article= For purposes of this part, the following terms have the following meanings: (a) “Academic year of the student’s first year of enrollment” means the first full academic year in which a person is a student at the California State University. (b) “Campus” means a campus within the California State University system as set forth in Section 89001. (c) “Transfer student” is a student who earned an associate degree for transfer from a California community college. (d) “Trustees” means the Trustees of the California State University. (Added by Stats. 2016, Ch. 436, Sec. 1. (SB 412) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.2. FINISH IN FOUR AND THROUGH IN TWO [67430 - 67434] SECTION 67432. Source version: id_d86f950e-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.2.&chapter=&article= The California Promise was established to support California State University students in earning a baccalaureate degree within four academic years of the student’s first year of enrollment or, for transfer students, within two academic years of the student’s first year of enrollment to the campus and is hereby renamed and continued in existence as the Finish in Four and Through in Two program. (Amended by Stats. 2024, Ch. 677, Sec. 3. (AB 1205) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.2. FINISH IN FOUR AND THROUGH IN TWO [67430 - 67434] SECTION 67433. Source version: id_d9e34950-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.2.&chapter=&article= The Legislature finds and declares all of the following: (a) A more concerted, statewide effort to create pathways to four-year graduation is needed at the California State University. For the 2010 cohort of full-time, first-time students at the California State University, 19 percent graduated within four academic years. According to the Legislative Analyst’s Office, the most recent nationally comparable data shows that the California State University’s overall four-year graduation rate was 16 percent in 2011, below the national rate of 26 percent among similar public institutions. (b) Impediments students face in graduating within four academic years include the inability to complete sufficient units per academic year or take courses that are part of their degree programs. (c) New approaches are critical for the future of higher education in California. Efforts have been ongoing, though sporadic, to improve postsecondary educational institution enrollment and graduation. These efforts will need to be intensified and made more broadly systemic. (d) Students who graduate within four academic years save tens of thousands of dollars. In addition to the direct costs of extended college and university enrollment, students miss out on earnings in the workforce while they remain in school. (e) According to the Public Policy Institute of California, if bold measures are not taken, California will fall short of the state’s economic demand by 1.1 million college and university graduates by 2030. An increased demand for highly educated workers will outweigh the number of qualified applicants for available jobs, which will be exacerbated when scores of highly educated baby boomers retire. The share of workers with a baccalaureate degree will be 33 percent in 2030, below the 38 percent that will be needed. (f) The impact of graduation rates from California State University campuses is felt not only throughout the state, but also the nation. One out of every 10 California employees is a California State University graduate, while one out of every 20 United States citizens with a college or university degree graduates from a campus of the California State University. These statistics emphasize the national importance of graduation rates at California State University campuses. (g) It is the intent of the Legislature that the California State University system include the Finish in Four and Through in Two program as a component of the plan submitted to the Legislature and the Department of Finance to increase graduation rates at CSU campuses above those at other institutions and increase graduation rates for low-income students, first-generation students, and students from underrepresented minority groups as quickly as possible. (h) The Finish in Four and Through in Two programs established at the California State University in accordance with this part should aim to reflect the demographics of their respective campuses and make the benefits provided available on an equitable basis considering the populations attending each campus. (Amended by Stats. 2024, Ch. 677, Sec. 4. (AB 1205) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.2. FINISH IN FOUR AND THROUGH IN TWO [67430 - 67434] SECTION 67434. Source version: id_db5aa712-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.2.&chapter=&article= (a) The trustees shall develop and implement a Finish in Four and Through in Two program that complies with this part. (b) Commencing with the 2017–18 academic year, a minimum of eight campuses shall have established a Finish in Four and Through in Two program by which the campus enters into a pledge with a qualifying student who is enrolled at the campus and who is not a transfer student to support the student in earning a baccalaureate degree within four academic years of the academic year of the student’s first year of enrollment. (c) Commencing with the 2017–18 academic year, a minimum of 15 campuses shall have established a Finish in Four and Through in Two program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within two academic years of the student’s first year of enrollment to the campus, as applicable. (d) Commencing with the 2018–19 academic year, a minimum of 20 campuses shall have established a Finish in Four and Through in Two program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within two academic years of the student’s first year of enrollment to the campus, as applicable. (e) To be a qualifying entering student or transfer student at the California State University, a student shall comply with both of the following: (1) Be a California resident for purposes of in-state tuition eligibility. (2) Commit to completing at least 30 semester units, or the quarter equivalent, per academic year. Units completed by the student during a summer term may count towards the previous or following academic year as determined by the trustees. (f) Each Finish in Four and Through in Two program shall be reviewed by a graduation initiative advisory committee of the campus or a committee with similar functions designated by the president of the campus. (g) (1) A campus shall guarantee participation in the program to, at a minimum, any student who is any of the following: (A) A low-income student. For purposes of this section, “low-income student” shall have the same meaning as specified in Section 89295. (B) A student who has graduated from a high school located in a community that is underrepresented in college attendance. (C) A student who is a first-generation college student. (D) A transfer student. (2) It is the intent of the Legislature that the Finish in Four and Through in Two program at each campus accommodate as many students into the program as feasible and in consideration of available funding. (h) Support provided by a California State University campus to a student who participates in the Finish in Four and Through in Two program shall include, but not be limited to, both of the following: (1) (A) Priority registration in coursework. (B) For purposes of this paragraph, a student shall not receive priority registration in coursework under the program if the student qualifies for priority registration under another policy or program, as determined by the campus or the office of the Chancellor of the California State University. (C) A graduation initiative advisory committee of the campus, or a committee with similar functions designated by the president of the campus, shall consider preexisting priority registration policies when implementing this section. (2) Academic advisement that includes monitoring the student’s academic progress. (i) (1) The trustees shall develop application criteria, administrative guidelines, and additional requirements, including how campuses will measure student success, for purposes of implementing and administering the Finish in Four and Through in Two program. (2) As a condition of continued participation in a Finish in Four and Through in Two program, a student may be required to demonstrate both of the following: (A) Completion of at least 30 semester units, or the quarter equivalent, in each prior academic year. (B) Attainment of a grade point average in excess of a standard established by the campus. (3) In implementing this part, the trustees shall take into consideration the report on graduation rates required pursuant to Item 6610-001-0001 of Section 2.00 of the Budget Act of 2016. (j) The trustees shall submit recommendations to the appropriate policy and fiscal committees of the Legislature by March 15, 2017, regarding potential financial incentives that could benefit students who participate in the Finish in Four and Through in Two program. (k) Each campus participating in the Finish in Four and Through in Two program shall take the following actions to promote the program: (1) Share information about the program at new student orientation. (2) Provide information about the program during the online course registration process. (3) Provide information about the program through an annual email to all students. (4) Post information about the program in an easily identifiable and accessible place on the campus internet website. (5) Post information about the program at advising offices. (l) (1) The trustees, on or before July 1, 2025, and annually thereafter, shall submit a report to the Legislature that includes all of the following information: (A) The program participation rate, as a percentage and number of students per campus. (B) Program participation demographics, including all of the following: (i) Student race and ethnicity. (ii) Whether the student is a federal Pell Grant recipient, as available. (iii) Whether the student is a first-generation college student. (iv) Whether the student entered as a first-time freshman or transfer student. (C) The amount of student success funds received and used per campus. (2) The report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (3) This subdivision shall become inoperative on January 1, 2034. (m) A student who successfully completes an associate degree for transfer at a community college shall be guaranteed participation in the Finish in Four and Through in Two program at the California State University transfer campus, if established. (n) The trustees shall make every effort to close the achievement gap and encourage broad participation in a Finish in Four and Through in Two program that reflects the demographic populations served by the campus. (Amended by Stats. 2024, Ch. 677, Sec. 5. (AB 1205) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 1. Preamble [67450- 67450.] SECTION 67450. Source version: id_7621a5ac-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=1.&article= The Legislature finds and declares all of the following: (a) Meeting the educational needs of student athletes should be a priority for intercollegiate athletic programs. (b) California’s institutions of higher education that participate in Division I and Division II intercollegiate athletics collectively generate millions of dollars annually in media contracts, and this revenue would not exist without the efforts of student athletes. (c) Student athletes generate large revenues for many athletic programs, spend approximately 40 hours per week participating in their respective sports, and suffer current and historically low graduation rates. (d) Providing adequate health and safety protection for student athletes can help prevent serious injury and death. (e) Current and former student athletes can be left to pay for medical expenses incurred from injuries suffered while participating in intercollegiate athletics. (f) Institutions of higher education should provide their student athletes with the same due process protection afforded to students who do not participate in athletics. (g) Athletic programs in this state are subject to federal gender equity requirements under Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.). (h) An institution of higher education should not punish any student athlete for transferring to another institution of higher education. (i) An institution of higher education should not use funds for purposes of this part that are dedicated for the benefit of the general student body. (Added by Stats. 2012, Ch. 625, Sec. 1. (SB 1525) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 2. General Provisions [67451 - 67459] SECTION 67451. Source version: id_f9e46afb-0c98-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=2.&article= For purposes of this part: (a) “Athletic association” means any organization that is responsible for governing intercollegiate athletic programs. (b) “Athletic program” means an intercollegiate athletic program at any institution of higher education within the meaning of subdivision (d). (c) “Graduation success rate” means the percentage of student athletes who graduate from an institution of higher education within six years of initial enrollment at that institution, excluding outgoing transfers in good academic standing with athletic eligibility remaining, and including incoming transfers. The rate is to be calculated by combining the rates of the four most recent classes that are available in the exact manner as the rate is calculated under National Collegiate Athletic Association rules. (d) “Institution of higher education” means any campus of the University of California or the California State University, or any four-year private university located in California, that maintains an intercollegiate athletic program. (e) “Media rights” means the rights to media coverage of intercollegiate athletics included in contracts that are entered into by intercollegiate athletic conferences and television networks and that generate monetary payments to individual institutions of higher education. (f) “Office for Civil Rights” means the Office for Civil Rights within the United States Department of Education. (g) “Student athlete” means any college student who participates in an intercollegiate athletic program of an institution of higher education, and includes student athletes who participate in basketball, football, and other intercollegiate sports. (Amended by Stats. 2019, Ch. 382, Sec. 1. (AB 1573) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 2. General Provisions [67451 - 67459] SECTION 67452. Source version: id_21bfd719-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=2.&article= (a) Commencing with the 2013–14 academic year, an athletic program shall comply with all of the following: (1) (A) If an athletic program does not renew an athletic scholarship of a student athlete who suffers an incapacitating injury or illness resulting from the student athlete’s participation in the athletic program, and the institution of higher education’s medical staff determines that the student is medically ineligible to participate in intercollegiate athletics, the institution of higher education shall provide an equivalent scholarship that, combined with the total duration of any previous athletic scholarship or scholarships received by the student athlete, will be provided for a total of up to five academic years or until the student athlete completes their undergraduate degree, whichever period is shorter. Additional years may be provided at the discretion of the institution of higher education, and additional years may be required pursuant to state law. (B) If a student athlete takes a temporary leave of absence from an institution of higher education, the duration of that leave of absence shall not count against the five-year limit on eligibility for an equivalent scholarship imposed by subparagraph (A). (C) An athletic program shall provide an equivalent scholarship to a student athlete who was on an athletic scholarship and is in good standing, but has exhausted their athletic eligibility, for up to one year or until the student athlete completes their primary undergraduate degree, whichever is shorter, except that an athletic program with a graduation success rate that is above 60 percent, disaggregated by team, shall not be subject to the requirements of this subparagraph. Additional years may be provided at the discretion of the institution of higher education, and additional years may be required pursuant to state law. (D) A student athlete whose athletic scholarship is not renewed for cause by an athletic program shall receive no benefits under this part, but may appeal this decision within the institution of higher education attended by the student or within the athletic conference or association of which that institution of higher education is a member, as appropriate. (2) Each athletic program shall conduct a financial and life skills workshop for all of its first-year and third-year student athletes at the beginning of the academic year. This workshop shall include, but not be limited to, information concerning financial aid, debt management, and a recommended budget for full-scholarship and partial-scholarship student athletes living on or off campus during the academic year and the summer term based on the current academic year’s cost of attendance. The workshop shall also include information on time management skills necessary for success as a student athlete, and academic resources available on campus. (3) An institution of higher education shall grant a student athlete the same rights as other students with regard to any and all matters related to possible adverse or disciplinary actions, including, but not necessarily limited to, actions involving athletically related financial aid. (4) An athletic program shall respond within seven business days with an answer to a student athlete’s written request to transfer to another institution of higher education. (b) This section shall not apply to an athletic program whose teams compete in Division III of the National Collegiate Athletic Association. (Amended by Stats. 2023, Ch. 625, Sec. 1. (SB 661) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 2. General Provisions [67451 - 67459] SECTION 67452.3. Source version: id_f309be1b-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=2.&article= An institution of higher education may establish a degree completion fund, in accordance with applicable rules and bylaws of the governing body of the institution and applicable rules and bylaws of any athletic association of which the institution is a member. (Added by Stats. 2019, Ch. 382, Sec. 2. (AB 1573) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 2. General Provisions [67451 - 67459] SECTION 67453. Source version: id_7621f2d4-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=2.&article= (a) (1) Unless a student athlete declines the payment of premiums, an athletic program shall be responsible for paying the premiums of each of its student athletes whose household has an income and asset level that does not exceed the level for Cal Grant A recipients set forth in Section 69432.7 for insurance covering claims resulting from their participation in the athletic program. (2) An athletic program shall be responsible for paying the insurance deductible amount applicable to the claim of any student athlete who suffers an injury resulting from his or her participation in the athletic program and makes a claim relating to that injury. (3) If a student athlete suffers an injury resulting from his or her participation in the athletic program that requires ongoing medical treatment, the athletic program shall provide, for a minimum of two years following the student athlete’s graduation or separation from the institution of higher education, one of the following: (A) The necessary medical treatment. (B) Health insurance that covers the injury and the resulting deductible amounts. (4) This subdivision shall not apply to preexisting medical conditions that predate the student athlete’s participation in the athletic program. (b) An athletic program shall adopt and implement guidelines to prevent, assess, and treat sports-related concussions and dehydration. In addition, an athletic program shall adopt and implement exercise and supervision guidelines for any student athlete identified with potentially life-threatening health conditions who participates in an athletic program. (c) An institution of higher education that receives, as an average, less than ten million dollars ($10,000,000) in annual income derived from media rights for intercollegiate athletics shall not be subject to the requirements of this section. (d) An institution of higher education to which this section applies shall rely exclusively on revenue derived from media rights for intercollegiate athletics to defray any costs accrued under this section. (Added by Stats. 2012, Ch. 625, Sec. 1. (SB 1525) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 2. General Provisions [67451 - 67459] SECTION 67454. Source version: id_f9b6e12d-0c8f-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=2.&article= (a) An institution of higher education shall prepare a notice detailing the following rights: (1) A student athlete’s rights pursuant to Title IX of the federal Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.). (2) A student athlete’s reporting rights pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. Sec. 1092(f)). (b) The notice developed pursuant to subdivision (a) shall identify the contact information through which a student athlete may file a complaint for a violation of any of the rights identified in the notice, including, but not necessarily limited to, contact information for all of the following: (1) The Office for Civil Rights, as well as the appropriate Office for Civil Rights regional enforcement office. (2) The Office for Civil Rights Title IX enforcement office. (3) The enforcement office of the United States Department of Education for reporting violations of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. (c) Every institution of higher education shall post, and keep posted in a conspicuous location in its athletic department that is frequented by student athletes where it is easily accessible and readable during campus business hours, including, but not necessarily limited to, athletic training facilities, the notice developed pursuant to subdivision (a). (d) At the beginning of every academic year, the institution of higher education shall provide to every student athlete each of the following: (1) A copy of the notice developed pursuant to subdivision (a). (2) A current copy of the National Collegiate Athletic Association Concussion Diagnosis and Management of Sports-Related Concussion Best Practices. (3) A copy of any written policies related to concussions or other sports medicine practices specific to the institution of higher education. (Added by Stats. 2019, Ch. 382, Sec. 3. (AB 1573) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 2. General Provisions [67451 - 67459] SECTION 67455. Source version: id_002d63df-0c90-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=2.&article= (a) An institution of higher education shall not intentionally retaliate against a student athlete for any of the following: (1) Making or filing a complaint, in good faith, about a violation of student athlete rights granted under any applicable statute, regulation, or policy. (2) Testifying or otherwise assisting in any investigation into violations of student athlete rights granted under any applicable statute, regulation, or policy. (3) Opposing any practices that the student athlete, in good faith, believes are a violation of student athlete rights granted under any applicable statute, regulation, or policy. (b) (1) For purposes of this section, “retaliation” includes, but is not necessarily limited to, each of the following: (A) A reduction in or loss of any education benefits, including scholarships and stipends. (B) A reduction in or loss of any meal benefits provided to a student athlete. (C) A reduction in or loss of any housing benefits provided to a student athlete, including the relocation of a student athlete to different housing owned by the institution of higher education. (2) For purposes of subparagraphs (A) to (C), inclusive, of paragraph (1), “retaliation” does not mean an action taken, in good faith, by an institution of higher education on the basis of conduct other than that described in subdivision (a). (c) This section shall not be construed to restrict the authority of an institution of higher education to impose interim measures or, upon a finding of responsibility, permanent consequences on a student athlete who has been accused of sexual harassment or violence. (Added by Stats. 2019, Ch. 382, Sec. 4. (AB 1573) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 2. General Provisions [67451 - 67459] SECTION 67456. Source version: id_9219b115-0b4c-11ec-9827-3d33e5b21d96 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=2.&article= (a) (1) A postsecondary educational institution shall not uphold any rule, requirement, standard, or other limitation that prevents a student of that institution participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, likeness, or athletic reputation. Earning compensation from the use of a student’s name, image, likeness, or athletic reputation shall not affect the student’s scholarship eligibility. (2) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a student of a postsecondary educational institution participating in intercollegiate athletics from earning compensation as a result of the use of the student’s name, image, likeness, or athletic reputation. (3) An athletic association, conference, or other group or organization with authority over intercollegiate athletics, including, but not limited to, the National Collegiate Athletic Association, shall not prevent a postsecondary educational institution from participating in intercollegiate athletics as a result of the compensation of a student athlete for the use of the student’s name, image, likeness, or athletic reputation. (b) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not provide a prospective student athlete with compensation in relation to the athlete’s name, image, likeness, or athletic reputation. (c) (1) A postsecondary educational institution, athletic association, conference, or other group or organization with authority over intercollegiate athletics shall not prevent a California student participating in intercollegiate athletics from obtaining professional representation in relation to contracts or legal matters, including, but not limited to, representation provided by athlete agents or legal representation provided by attorneys. (2) Professional representation obtained by student athletes shall be from persons licensed by the state. Professional representation provided by athlete agents shall be by persons licensed pursuant to Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code. Legal representation of student athletes shall be by attorneys licensed pursuant to Article 1 (commencing with Section 6000) of Chapter 4 of Division 3 of the Business and Professions Code. (3) Athlete agents representing student athletes shall comply with the federal Sports Agent Responsibility and Trust Act, established in Chapter 104 (commencing with Section 7801) of Title 15 of the United States Code, in their relationships with student athletes. (d) A scholarship from the postsecondary educational institution in which a student is enrolled that provides the student with the cost of attendance at that institution is not compensation for purposes of this section, and a scholarship shall not be revoked as a result of earning compensation or obtaining legal representation pursuant to this section. (e) (1) A student athlete shall not enter into a contract providing compensation to the athlete for use of the athlete’s name, image, likeness, or athletic reputation if a provision of the contract is in conflict with a provision of the athlete’s team contract. (2) A student athlete who enters into a contract providing compensation to the athlete for use of the athlete’s name, image, likeness, or athletic reputation shall disclose the contract to an official of the institution, to be designated by the institution. (3) An institution asserting a conflict described in paragraph (1) shall disclose to the athlete or the athlete’s legal representation the relevant contractual provisions that are in conflict. (f) A team contract of a postsecondary educational institution’s athletic program shall not prevent a student athlete from using the athlete’s name, image, likeness, or athletic reputation for a commercial purpose when the athlete is not engaged in official team activities. It is the intent of the Legislature that this prohibition shall apply only to contracts entered into, modified, or renewed on or after the enactment of this section. (g) For purposes of this section, “postsecondary educational institution” means any campus of the University of California, the California State University, the California Community Colleges, an independent institution of higher education, as defined in Section 66010, or a private postsecondary educational institution, as defined in Section 94858. (h) This section shall become operative on September 1, 2021. (Amended by Stats. 2021, Ch. 159, Sec. 3. (SB 26) Effective August 31, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.3. STUDENT ATHLETE BILL OF RIGHTS [67450 - 67459] CHAPTER 2. General Provisions [67451 - 67459] SECTION 67459. Source version: id_6473133e-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.3.&chapter=2.&article= During the process to authorize a volunteer in an athletic department of a postsecondary educational institution, as defined in subdivision (g) of Section 67456, the postsecondary educational institution shall contact the current or former employer of the individual applying for volunteer authorization to determine if the applicant violated any employment policies. (Added by Stats. 2024, Ch. 673, Sec. 3. (AB 810) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.5. CAPITAL OUTLAY REQUIREMENTS [67500 - 67504] SECTION 67500. Source version: id_fd879904-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.5.&chapter=&article= The California State University, any community college district, and the University of California may be reimbursed by the state for expenditures made for preliminary plans and working drawings for a capital outlay project, if all of the following conditions are met: (a) The project was authorized in a budget act or other statute before the preliminary plans and working drawings were prepared. (b) Funds for the reimbursement are appropriated by the Legislature. (c) All other applicable procedures were followed by the California State University, the community college district, or the University of California in expending the funds. The advance of funds by the California State University, a community college district, or the University of California, for preliminary plans and working drawings, shall be made to promote early completion of a capital outlay project authorized by the Legislature. (Amended by Stats. 1995, Ch. 758, Sec. 57. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.5. CAPITAL OUTLAY REQUIREMENTS [67500 - 67504] SECTION 67501. Source version: id_1ff0eecf-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.5.&chapter=&article= (a) The University of California may, and the California State University shall, submit to the Legislature on or before November 30 of each year a comprehensive five-year capital outlay plan that includes, but is not limited to, all of the following information: (1) State and nonstate projects proposed for each campus in each year of the plan, including a discussion of the programmatic bases for each project. (2) An explanation of how each project contributes to accommodating needs associated with current or projected enrollments of graduate and undergraduate students, and other needs, and the rough estimates of the costs of meeting those needs. (3) The estimated costs of each project, showing the schedule for when these funds will be needed, including a schedule of annual funding needs beyond the five years for those projects for which completion exceeds the timeframe of the plan and the relative priority on a campus and statewide basis. (4) An explanation of how the plan addresses the Legislature’s intent that the universities annually consider, as part of their annual capital outlay planning process, the inclusion of facilities that may be used by more than one segment of public higher education (intersegmental). (5) Description and costs of activities that take place within the plan’s timeframe related to the planning or establishment of new campuses. (b) The California Community Colleges Chancellor’s office shall prepare a five-year capital outlay plan identifying the statewide needs and priorities of the California Community Colleges. This plan shall be submitted to the Legislature on or before November 30 of each year. It is the intent of the Legislature not to consider any community college capital outlay project that is not included in the statewide five-year plan submitted to the Legislature. The five-year capital outlay plan shall include, but not be limited to, all of the following information: (1) Enrollment projections for each community college district. (2) Projects proposed for each campus in each year of the plan. (3) The estimated costs of each project, showing the schedule for when these funds will be needed and the relative priority on a statewide basis. (4) An explanation of the Chancellor’s office priorities and methodology for selecting projects for state capital outlay funding. (5) An explanation of the Chancellor’s office methodology for calculating unmet capital outlay needs for the community college system. (6) An explanation of how the plan addresses the Legislature’s intent that the community colleges annually consider, as part of their annual capital outlay planning process, the inclusion of facilities that may be used by more than one segment of public higher education (intersegmental). (c) The plans for the University of California, the California State University, and the California Community Colleges shall be updated annually, taking into consideration evolving circumstances in the planning process of the institutions. The Legislature recognizes that the annual plan is a flexible, working document subject to the evolutionary change inherent in the planning process. The plan shall be designed to reflect project data changes on a year-to-year basis, and the inclusion of a project in the plan does not guarantee its viability. It is further the intent of the Legislature that the project planning guides or capital outlay budget change proposals submitted for each state-funded project proposed for inclusion in the first year of the plan specify both of the following: (1) How each project meets needs for different types of space, including, but not limited to, classrooms, teaching laboratories, research laboratories, and faculty offices. (2) The direct and indirect project costs associated with the different types of space. (Added by Stats. 2009, Ch. 386, Sec. 10. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.5. CAPITAL OUTLAY REQUIREMENTS [67500 - 67504] SECTION 67502. Source version: id_24d02fb1-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.5.&chapter=&article= (a) On or before November 1 of each year, the Regents of the University of California are requested to provide to the Joint Legislative Budget Committee and the Department of Finance a summary of all instructional and research space in the university system. The summary shall consist of campus-by-campus data indicating existing space available to each department of instruction and research, including a seven-year projection of space needs for departments of instruction and research. The data shall include, but not be limited to, classrooms, upper and lower division class laboratories, teaching assistant offices, and faculty offices. The summary shall correlate assignable square foot capacities to full-time equivalent student enrollments and faculty positions for both existing space and projected space needs. (b) On or before November 1 of each year, the California State University shall provide to the Joint Legislative Budget Committee and the Department of Finance a summary of all instructional and faculty office space in the university system. The summary shall consist of campus-by-campus data indicating existing instructional space available including a seven-year projection of space needs for instruction and faculty offices. The data shall include, but not be limited to, classrooms, upper and lower division class laboratories, teaching assistant offices, and faculty offices. The summary shall correlate assignable square foot capacities to full-time equivalent student enrollments and faculty positions for both existing space and projected space needs. (Added by Stats. 2009, Ch. 386, Sec. 11. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.5. CAPITAL OUTLAY REQUIREMENTS [67500 - 67504] SECTION 67503. Source version: id_2814ac53-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.5.&chapter=&article= (a) On or before November 1, 2010, and at least biennially thereafter, the University of California is requested to, and the California State University shall, report on the utilization of classrooms and teaching laboratories. The report shall include for each campus in their respective system the total number of rooms, number of stations, weekly student contact hours, and weekly station hours. The report shall also include the average weekly hours of station use and actual utilization as a percentage of the utilization standard. (b) On or before November 1, 2010, and at least biennially thereafter, the Office of the Chancellor of the California Community Colleges shall report on the utilization of classrooms and teaching laboratories. The report shall include, for each college, the total number of rooms, number of stations, weekly student contact hours, average weekly student contact hours per station, and actual utilization as a percentage of the utilization standard. (Added by Stats. 2009, Ch. 386, Sec. 12. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.5. CAPITAL OUTLAY REQUIREMENTS [67500 - 67504] SECTION 67504. Source version: id_2afefb05-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.5.&chapter=&article= (a) (1) The Legislature finds and declares that based on academic goals and projected enrollment levels, each University of California campus and medical center periodically develops a Long Range Development Plan (LRDP) that guides its physical development, including land use designations, the location of buildings, and infrastructure systems, for an established time horizon. (2) In order to ensure greater legislative oversight over the process used by the University of California to prepare and implement each plan, including the accompanying Environmental Impact Report (EIR), at the time draft LRDPs and draft LRDP EIRs are submitted for public review, the university is requested to provide the Legislature with summaries of the draft LRDPs and LRDP EIRs to the Joint Legislative Budget Committee. The summaries shall also be available on the university Internet Web site. (b) (1) The Legislature further finds and declares that the expansion of campus enrollment and facilities may negatively affect the surrounding environment. Consistent with the requirements of the California Environmental Quality Act (CEQA), it is the intent of the Legislature that the University of California sufficiently mitigate significant off-campus impacts related to campus growth and development. (2) On or before March 1 of each year from 2010 to 2012, inclusive, the University of California is requested to report for each campus on the status of implementation, including the implementation dates where applicable, of mitigation measures for significant off-campus impacts identified consistent with the requirements of CEQA, including those that require fair share payments to local agencies. The report shall identify the status of fair share mitigation agreements with and payments to local agencies for mitigation of off-campus impacts that are required in certified EIRs. The report should also list any monetary or equivalent in-kind payments to local agencies made by the campuses for the mitigation of off-campus impacts that do not involve fair share language in CEQA documents and that have been implemented under other arrangements. For those significant off-campus impacts that have been triggered but have not been sufficiently mitigated, the university shall report on the additional steps that are being taken to reach a resolution. (c) (1) The Legislature finds and declares that each California State University campus periodically develops a physical master plan to guide the future development of their facilities, based on academic goals and projected student enrollment levels, for an established time horizon. (2) In order to ensure greater legislative oversight over the process used by the California State University to prepare and implement each plan, including the accompanying Environmental Impact Report (EIR), at the time a draft physical master plan and the accompanying draft EIR are submitted for public review, the university shall provide summaries of these documents to the Joint Legislative Budget Committee. The summaries shall also be available on the university Internet Web site. (d) (1) The Legislature further finds and declares that the expansion of campus enrollment and facilities may negatively affect the surrounding environment. In view of the case City of Marina v. the Board of Trustees of the California State University (2006) 639 Cal.4th 341, it is the intent of the Legislature that the California State University take steps to reach agreements with local public agencies regarding the mitigation of off-campus impacts related to campus growth and development. (2) On or before March 1 of each year from 2010 to 2012, inclusive, the California State University shall report by campus on the status of any negotiations with local agencies for mitigation measures for significant off-campus impacts identified consistent with the requirements of CEQA, including implementation dates where applicable. For each impact, this report shall identify whether an agreement has been reached with local agencies. The report shall also list any monetary and nonmonetary in-kind payments made by the campus for the mitigation of off-campus impacts identified as unavoidable in the certified EIRs. For those impacts for which there is no agreement, the university shall explain what steps were taken and if any additional steps will be taken to reach an agreement. (Added by Stats. 2009, Ch. 386, Sec. 13. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 40.7. ARMED FORCES TRAINING AND RECRUITMENT [67600- 67600.] SECTION 67600. Source version: id_fd879908-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=40.7.&chapter=&article= Nothing in the public policy of the State of California requires the establishment or the disestablishment of any United States Armed Forces training unit or class at any campus of a public postsecondary educational institution or the prohibition of employment recruitment by the United States Armed Forces at any campus of a public postsecondary educational institution. (Added by Stats. 1995, Ch. 398, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 1. General Provisions [68000- 68000.] SECTION 68000. Source version: id_fd891fb0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=1. It is the intent of the Legislature that the public institutions of higher education shall apply uniform rules, as set forth in this chapter and not otherwise, in determining whether a student shall be classified as resident or a nonresident. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124] SECTION 68120. Source version: id_5c8b7478-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=10. (a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the college named in Section 92200, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges from any surviving spouse or surviving child of a deceased person who met all of the following requirements: (1) The deceased person was a resident of this state. (2) The deceased person was employed by a public agency or was a contractor, or an employee of a contractor, performing services for a public agency, or was a firefighter employed by the federal government whose duty assignment involved the performance of firefighting services in this state. (3) The deceased person’s principal duties consisted of active law enforcement service or active fire suppression and prevention. This section does not apply to a person whose principal duties were clerical, even if the person was subject to occasional call or was occasionally called upon to perform duties within the scope of active law enforcement or active fire suppression and prevention. (4) The deceased person was killed in the performance of active law enforcement or active fire suppression and prevention duties, died as a result of an accident or an injury caused by external violence or physical force incurred in the performance of the person’s active law enforcement or active fire suppression and prevention duties, or died as a result of an industrial injury or illness arising out of and in the course of active law enforcement or fire suppression and prevention duties. (b) Notwithstanding subdivision (a), a person who qualifies for the waiver of mandatory systemwide fees and tuition and mandatory campus-based fees under this section as a surviving child of a contractor, or of an employee of a contractor, who performed services for a public agency shall, in addition to the requirements set forth in subdivision (a), meet both of the following requirements: (1) Enrollment as an undergraduate student at a campus of the University of California or the California State University or as a student at a community college campus. (2) Documentation that the student’s annual income, including the value of any support received from a parent, does not exceed the maximum household income and asset level for an applicant for a Cal Grant B award, as set forth in Section 69432.7. (c) As used in this section: (1) “Contractor” or “employee of a contractor” does not include a security guard or security officer, as defined in Section 7582.1 of the Business and Professions Code. (2) “Public agency” means the state or any city, county, city and county, district, or other local authority or public body of or within the state. (3) “Spouse” has the same meaning as defined in Section 22171. (4) “Surviving child” means either of the following: (A) A surviving natural or adopted child of the deceased person. (B) A surviving stepchild who meets both of the following requirements: (i) The stepchild was living or domiciled with the deceased person at the time of the deceased person’s death. (ii) The stepchild was claimed on the tax form most recently filed by the deceased person before that person’s death, or the stepchild received 50 percent or more of the stepchild’s support from that deceased person in the tax year immediately preceding the death of the deceased person, or both. (Amended by Stats. 2022, Ch. 478, Sec. 15. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124] SECTION 68120.3. Source version: id_616229da-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=10. (a) Notwithstanding any other law, no mandatory systemwide fees or tuition or mandatory campus-based fees of any kind shall be required or collected by the Regents of the University of California, the Board of Directors of the college named in Section 92200, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any campus of the University of California, the California State University, or the California Community Colleges, from any surviving spouse or surviving child of a deceased person who met all of the following requirements: (1) The deceased person was a resident of this state. (2) The deceased person was a licensed physician or a licensed nurse employed by or under contract with a health facility regulated and licensed by the State Department of Public Health to provide medical services or a first responder employed to provide emergency services as described in Section 8562 of the Government Code. (3) The deceased person’s principal duties consisted of providing medical services or emergency services during the COVID-19 pandemic state of emergency. (4) The deceased person died of COVID-19 during the COVID-19 pandemic state of emergency. (b) Notwithstanding subdivision (a), a person who qualifies for the waiver of mandatory systemwide fees and tuition and mandatory campus-based fees under this section as a surviving child or spouse of a licensed physician, licensed nurse, or first responder, as defined in this section, in addition to the requirements set forth in subdivision (a), shall meet all of the following requirements: (1) Enrollment as an undergraduate student at a campus of the University of California or the California State University or as a student at a campus of the California Community Colleges. (2) Documentation that the student’s annual income, including the value of any support received from a parent, does not exceed the maximum household income and asset level for an applicant for a Cal Grant A award, as set forth in Section 69432.7. (3) The surviving child or spouse was a resident of California during the COVID-19 pandemic state of emergency. (c) Any determination of eligibility shall be confirmed through documentation of a certified death certificate and documentation of the deceased’s employment during the COVID-19 pandemic state of emergency provided by the surviving child or spouse. (d) A determination of residency shall be based on the criteria set forth in this chapter for determining nonresident and resident tuition. Exemptions to residency determination shall apply to this section. (e) As used in this section: (1) “COVID-19 pandemic state of emergency” means the period of time from the first declaration of emergency on March 4, 2020, until the Governor lifts the state of emergency. (2) “First responder” has the same definition as in Section 8562 of the Government Code. (3) “Licensed nurse” means a holder of a nursing license for medical care authorized by the Board of Registered Nursing or by the Board of Vocational Nurses and Psychiatric Technicians of the State of California. (4) “Licensed physician” means a holder of a physician’s and surgeon’s certificate who is engaged in the professional practice of providing medical care authorized by the Medical Board of California. (5) “Surviving child” means either of the following: (A) A surviving natural or adopted child of the deceased person. (B) A surviving stepchild who meets both of the following requirements: (i) The stepchild was living or domiciled with the deceased person at the time of the deceased person’s death. (ii) The stepchild was claimed on the tax form most recently filed by the deceased person prior to that person’s death, or the stepchild received 50 percent or more of the stepchild’s support from that deceased person in the tax year immediately preceding the death of the deceased person, or both. (6) “Surviving spouse” has the same meaning as “spouse” in Section 22171. (f) (1) A surviving spouse is entitled to the fee waiver authorized by this section until January 1, 2033. (2) A surviving child is entitled to the fee waiver authorized by this section until that person attains 30 years of age. (Amended by Stats. 2022, Ch. 478, Sec. 16. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124] SECTION 68120.5. Source version: id_fd96daae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=10. Any determination of eligibility pursuant to Section 68120 shall be consistent with any findings of the Workers’ Compensation Appeals Board, using the same procedures as in workers’ compensation hearings, as to whether the death of the person described under subdivision (a) of that section was industrial. (Added by Stats. 2002, Ch. 450, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124] SECTION 68120.7. Source version: id_65ec93fc-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=10. The college named in Section 92200 and each campus of the California Community Colleges and the California State University that has an internet website shall, and each campus of the University of California that has an internet website shall, in the event that an appropriate resolution is enacted pursuant to Section 68134, provide an online posting or notice of systemwide fee or tuition waivers available to students pursuant to Section 68120, Section 68120.3, or both, as applicable. The online posting or notice shall be done in accordance with all of the following: (a) It shall be accessible through a prominent direct link to an application for a waiver of the systemwide fee or tuition. (b) The direct link shall appear on the primary internet web page of the financial aid section of the campus website. (c) The direct link shall be accompanied by a description of the systemwide fee or tuition waiver to clearly indicate the type of student who would potentially be eligible to apply. (Amended by Stats. 2022, Ch. 478, Sec. 17. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124] SECTION 68121. Source version: id_6a75024e-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=10. (a) Notwithstanding any other law, no mandatory systemwide fees or tuition of any kind shall be required or collected by the Regents of the University of California or the Trustees of the California State University, from a student who is in an undergraduate program and who is the surviving dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center in New York City, the Pentagon building in Washington, DC, or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if the student meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following apply: (1) The surviving dependent was a resident of California on September 11, 2001. (2) The individual killed in the attacks was a resident of California on September 11, 2001. (b) (1) The California Victim Compensation Board shall identify all persons who are eligible for tuition and fee waivers pursuant to this section or subdivision (j) of Section 76300. That board shall notify these persons or, in the case of minors, the parents or guardians of these persons, of their eligibility for tuition and fee waivers under these provisions. This notification shall be in writing, and shall be received by all of the appropriate persons no later than July 1, 2003. (2) The Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district in the state shall waive tuition and fees, as specified in this section and in subdivision (j) of Section 76300, for any person who can demonstrate eligibility. If requested by the California State University, the University of California, the college named in Section 92200, or a California Community College, the California Victim Compensation Board, on a case-by-case basis, shall confirm the eligibility of persons requesting the waiver of tuition and fees, as provided for in this section. (c) A determination of whether a person is a resident of California on September 11, 2001, shall be based on the criteria set forth in this chapter for determining nonresident and resident tuition. (d) (1) “Dependent,” for purposes of this section, is a person who, because of their relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42). (2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013. (3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under this section until that person obtains the age of 30 years. (4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013. (Amended by Stats. 2022, Ch. 478, Sec. 18. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124] SECTION 68122. Source version: id_034f5976-47e9-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=10. (a) Notwithstanding any other law, students who are victims of trafficking, domestic violence, and other serious crimes who have been granted a status under Section 1101(a)(15)(T)(i) or (ii), or Section 1101(a)(15)(U)(i) or (ii), of Title 8 of the United States Code shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. (b) The University of California is requested to adopt policies that are consistent with this section. (Added by Stats. 2012, Ch. 509, Sec. 1. (AB 1899) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124] SECTION 68123. Source version: id_fd96dab2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=10. Notwithstanding any other provision of law, the Trustees of the California State University may enter into agreements with other universities or colleges located within the state whereby qualified students from campuses of the California State University may attend the other universities or colleges without payment of some or all fees or tuition, or both, charged by the other institutions, and students from the other institutions may attend campuses of the California State University without payment of some or all of the fees or tuition, or both, charged by the state university. During any year, however, the number of students attending campuses of the California State University from other universities or colleges, pursuant to the agreements entered in between the Trustees of the California State University and other universities and colleges, shall not exceed the number of students of the California State University attending the other institutions. (Amended by Stats. 1983, Ch. 143, Sec. 69.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 10. Provisions Related to Particular Institutions [68120 - 68124] SECTION 68124. Source version: id_fd986154-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=10. The trustees may enter into agreements with public colleges and universities in other states whereby qualified students from the California State University may attend the other college or university without payment of any tuition fee charged by that institution to persons who are nonresidents of the state in which it is situate, and students from that institution may attend the California State University without payment of the nonresident tuition established pursuant to Section 89705. No nonresident tuition shall be charged of students attending a campus of the California State University pursuant to an agreement entered into under this section. During any year, however, the number of students attending the California State University from a particular public college or university in another state, pursuant to the agreement, shall not exceed the number of the California State University students attending the institution under that agreement. (Amended by Stats. 1983, Ch. 143, Sec. 70.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 11. Miscellaneous Provisions [68130 - 68134] SECTION 68130. Source version: id_fd99e7f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=11. The governing boards and district governing boards may waive nonresident tuition in whole or in part pursuant to Sections 68123, 76140, 89705, and 89707. (Amended by Stats. 1977, Ch. 242.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 11. Miscellaneous Provisions [68130 - 68134] SECTION 68130.5. Source version: id_29abe2cd-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=11. Notwithstanding any other law: (a) A student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying nonresident tuition at the California State University and the California Community Colleges if the student meets all of the following requirements: (1) Satisfaction of the requirements of either subparagraph (A) or subparagraph (B): (A) A total attendance of, or attainment of credits earned while in California equivalent to, three or more years of full-time attendance or attainment of credits at any of the following: (i) California high schools. (ii) California high schools established by the State Board of Education. (iii) California adult schools established by any of the following entities: (I) A county office of education. (II) A unified school district or high school district. (III) The Department of Corrections and Rehabilitation. (iv) Campuses of the California Community Colleges. (v) A combination of those schools set forth in clauses (i) to (iv), inclusive. (B) Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools, California secondary schools, or a combination of California elementary and secondary schools. (C) (i) Full-time attendance at a campus of the California Community Colleges counted towards the requirements of this paragraph shall comprise either a minimum of 12 units of credit per semester or quarter equivalent per year or a minimum of 420 class hours per year or semester or quarter equivalent per year in noncredit courses authorized pursuant to Section 84757. (ii) Full-time attendance at a California adult school counted towards the requirements of this paragraph shall be a minimum of 420 class hours of attendance for each school year in classes or courses authorized pursuant to Section 41976 or Sections 2053 to 2054.2, inclusive, of the Penal Code. (2) Satisfaction of any of the following: (A) Graduation from a California high school or attainment of the equivalent thereof. (B) Attainment of an associate degree from a campus of the California Community Colleges. (C) Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a campus of the California Community Colleges. (3) Registration as an entering student at, or current enrollment at, an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year. (4) (A) In the case of a person without lawful immigration status, the filing of an affidavit with the institution of higher education stating that the student has filed an application to legalize the student’s immigration status, or will file an application as soon as the student is eligible to do so. (B) (i) The California State University and California Community Colleges shall, and the University of California and independent institutions of higher education are requested to, accept an affidavit provided to the Student Aid Commission as part of the student’s financial aid application for purposes of meeting the requirement in subparagraph (A). (ii) An institution that receives an affidavit from the Student Aid Commission pursuant to clause (i) shall share the affidavit with any departments within the institution that require such an affidavit to ensure that students are not required to submit multiple affidavits. (iii) The institution of higher education shall not require a student to file a separate affidavit. This shall not preclude the institution of higher education from verifying the information provided on the affidavit, as the institution deems necessary. (iv) Notwithstanding clause (i), the institution of higher education may provide an affidavit for students who do not apply for state financial aid to submit for the purposes of complying with subparagraph (A). (b) A student who is exempt from nonresident tuition under this section may be reported by a community college district as a full-time equivalent student for apportionment purposes. (c) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall prescribe rules and regulations for the implementation of this section. (d) Student information obtained in the implementation of this section is confidential. (e) For purposes of this section, “independent institutions of higher education” has the same meaning as in Section 66010. (Amended by Stats. 2023, Ch. 584, Sec. 1. (AB 1540) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 11. Miscellaneous Provisions [68130 - 68134] SECTION 68130.7. Source version: id_d6eb9429-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=11. If a state court finds that Section 66021.6, 66021.7, 66021.9, or 68130.5, or any similar provision adopted by the Regents of the University of California, is unlawful, the court may order, as equitable relief, that the administering entity that is the subject of the lawsuit terminate any waiver awarded under that statute or provision, but no money damages, tuition refund or waiver, or other retroactive relief, may be awarded. In any action in which the court finds that Section 66021.6, 66021.7, 66021.9, or 68130.5, or any similar provision adopted by the Regents of the University of California, is unlawful, the California Community Colleges, the California State University, and the University of California are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief. (Amended by Stats. 2019, Ch. 53, Sec. 6. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 11. Miscellaneous Provisions [68130 - 68134] SECTION 68131. Source version: id_fd99e7fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=11. The governing boards and district governing boards may enter into agreements with appropriate agencies and institutions of higher education in other states and foreign countries providing for the exchange of students in higher educational institutions in this state and other states or countries pursuant to Sections 68124, 76140, and Chapter 10 (commencing with Section 66800) of Part 40 of this division. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 11. Miscellaneous Provisions [68130 - 68134] SECTION 68133. Source version: id_fd99e800-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=11. If an action is brought against a governing board as the result of the application of this chapter, that governing board shall inform the governing boards of the other institutions regarding the litigation. If an action is brought against a district governing board as a result of the application of this chapter, that district governing board shall inform the Board of Governors of the California Community Colleges, who shall inform the Regents of the University of California, and the Trustees of the California State University, regarding the pending litigation. (Amended by Stats. 1995, Ch. 758, Sec. 59. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 11. Miscellaneous Provisions [68130 - 68134] SECTION 68134. Source version: id_fd99e802-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=11. No provision of this part shall be applicable to the University of California unless the Regents of the University of California, by resolution, make such provision applicable. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68011. Source version: id_fd891fb4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. “Institution” means the University of California, the California State University, or a college of the California Community Colleges. (Amended by Stats. 1995, Ch. 758, Sec. 58. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68012. Source version: id_fd891fb6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. (a) “District” means a community college district maintaining one or more community colleges. (b) “District governing board” means the governing board of a district maintaining one or more community colleges. (c) “Governing board” means the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Maritime Academy, or the Board of Governors of the California Community Colleges. (Amended by Stats. 1990, Ch. 1372, Sec. 227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68014. Source version: id_fd891fb8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. “Parent” means the parent with whom the minor resides; or, if both parents are deceased, his or her legal guardian. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68015. Source version: id_fd891fba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. “Student” means a person enrolled in or applying for admission to an institution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68016. Source version: id_fd891fbc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. “Continuous attendance,” as it refers to attendance at an institution, means a student claiming continuous attendance who has been enrolled full time, as determined by the governing board or district governing board, as appropriate, for a normal academic year at the institution since the beginning of the period for which continuous attendance is claimed. Nothing in this section shall require a student to attend summer sessions or other terms beyond the normal academic year in order to render his or her attendance “continuous.” (Amended by Stats. 1990, Ch. 1372, Sec. 229.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68017. Source version: id_fd8aa65e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. A “resident” is a student who has residence, pursuant to Article 5 (commencing with Section 68060) of this chapter in the state for more than one year immediately preceding the residence determination date. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68018. Source version: id_fd8aa660-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. A “nonresident” is a student who does not have residence in the state for more than one year immediately preceding the residence determination date. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68022. Source version: id_fd8aa662-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. “Resident classification” means classification as a resident, pursuant to Section 68017, at the University of California, the California State University, the California Maritime Academy, or a California community college. (Amended by Stats. 1990, Ch. 1372, Sec. 233.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 2. Definitions [68011 - 68023] SECTION 68023. Source version: id_fd8aa664-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=2. “Residence determination date” is a date or day established by the governing boards or district governing boards, as appropriate, for each semester, quarter, or term to determine a student’s residence. (Amended by Stats. 1990, Ch. 1372, Sec. 234.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 3. Classification [68040 - 68044] SECTION 68040. Source version: id_fd8c2d08-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=3. Each student shall be classified as a resident or nonresident at the University of California, the California State University, or the California Maritime Academy or at a California community college. (Amended by Stats. 1990, Ch. 1372, Sec. 235.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 3. Classification [68040 - 68044] SECTION 68041. Source version: id_fd8c2d0a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=3. Each student enrolled or applying for admission to an institution shall provide the information and evidence of residence as deemed necessary by the governing board or district governing board, as appropriate, to determine his or her classification. An oath or affirmation may be required in connection with taking testimony necessary to ascertain a student’s classification. The determination of a student’s classification shall be made in accordance with this part and the residence determination date for the semester, quarter, or term for which the student proposes to attend an institution. (Amended by Stats. 1990, Ch. 1372, Sec. 236.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 3. Classification [68040 - 68044] SECTION 68042. Source version: id_fd8c2d0c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=3. The governing board or district governing board may appoint persons to administer oaths or affirmations in connection with taking testimony necessary to ascertain a student’s classification. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 3. Classification [68040 - 68044] SECTION 68043. Source version: id_fd8db3ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=3. A student classified as a nonresident shall not obtain resident classification as a result of maintaining continuous attendance at an institution without meeting the other requirements of this part for obtaining such classification. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 3. Classification [68040 - 68044] SECTION 68044. Source version: id_fd8db3b0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=3. The governing boards shall adopt rules and regulations for determining a student’s classification and for establishing procedures for review and appeal of that classification. The adopted rules and regulations shall include provisions requiring that the financial independence of a student classified as a nonresident seeking reclassification as a resident shall be included among the factors to be considered in the determination of residency. The adopted rules and regulations shall, beginning the 1983–84 school year, exempt nonresident students who have been appointed to serve as graduate student teaching assistants, graduate student research assistants, or graduate student teaching associates on any campus of the University of California or the California State University, and who have been employed on a 0.49 or more time basis, from the requirement of demonstrating his or her financial independence under this section for purposes of reclassification as a resident. A student shall be considered financially independent for purposes of this section if the applicant meets all of the following requirements: (a) has not and will not be claimed as an exemption for state and federal tax purposes by his or her parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application, (b) has not and will not receive more than seven hundred fifty dollars ($750) per year in financial assistance from his or her parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application, and (c) has not lived and will not live for more than six weeks in the home of his or her parent during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application. Other factors which may be considered in determining California residency shall be defined by the governing boards. In addition, the adopted rules and regulations shall include, but are not limited to, the evidence necessary to determine residence, procedures for obtaining residence information and procedures for administering oaths in connection with taking of testimony relative to residence. A district governing board may adopt rules and regulations which are not inconsistent with those adopted by the Board of Governors of the California Community Colleges. (Amended by Stats. 1982, Ch. 1070, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 4. Nonresident Tuition [68050 - 68052.1] SECTION 68050. Source version: id_fd8db3b4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=4. A student classified as a nonresident shall be required, except as otherwise provided in this part, to pay, in addition to other fees required by the institution, nonresident tuition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 4. Nonresident Tuition [68050 - 68052.1] SECTION 68051. Source version: id_fd8db3b6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=4. Unless otherwise provided by law, the governing board or district governing board shall adopt rules and regulations relating to the method of calculation of the amount of nonresident tuition, the method of payment, and the method and amount of refund. (Amended by Stats. 1990, Ch. 1372, Sec. 238.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 4. Nonresident Tuition [68050 - 68052.1] SECTION 68052. Source version: id_4a2fe680-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=4. (a) It is the intent of the Legislature that California’s public institutions of higher education shall establish nonresident student tuition policies that are consistent with their resident student fee policies. Nonresident student tuition shall be determined by each of the public postsecondary segments through the adoption of a methodology that annually establishes the nonresident student tuition rate. It is further the intent of the Legislature that, while the public institutions are to be provided flexibility in establishing their nonresident tuition, under no circumstances shall the level of nonresident tuition plus required fees fall below the marginal cost of instruction for that segment. (b) The following state policies regarding nonresident student tuition are hereby established: (1) Unless otherwise prescribed by statute, an admission fee and rate of tuition fixed by each public postsecondary governing board shall be required of each nonresident student. Each public postsecondary education governing body shall develop its own methodology for establishing the nonresident tuition level and its annual adjustment level of nonresident student tuition, unless otherwise prescribed by statute. (2) As California’s public postsecondary education segments annually adjust the level of nonresident tuition they charge out-of-state students, the nonresident tuition methodologies they develop and use should take into consideration, at minimum, the following two factors: (A) For the University of California and the California State University, the total nonresident charges imposed by each of their public comparison institutions, as identified by the California Postsecondary Education Commission. (B) The full average cost of instruction of their segment. (3) It is the intent of the Legislature that under no circumstances shall an institution’s level of nonresident tuition plus required student fees fall below the marginal cost of instruction for that segment. (4) The University of California, the California State University, the college named in Section 92200, and the California Maritime Academy should endeavor to ensure that increases in the level of nonresident tuition are gradual, moderate, and predictable by providing nonresident students with a minimum of a 10-month notice of tuition increases. (c) No provision of this section shall be applicable to the California Community Colleges. (d) In the event that state revenues and expenditures are substantially imbalanced due to factors unforeseen by the Governor and the Legislature, including, but not limited to, initiative measures, natural disasters, or sudden deviations from expected economic trends, the nonresident student tuition at the University of California, the California State University, the college named in Section 92200, and the California Maritime Academy, shall not be subject to this section. (Amended by Stats. 2022, Ch. 478, Sec. 14. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 4. Nonresident Tuition [68050 - 68052.1] SECTION 68052.1. Source version: id_5324d8ca-e411-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=4. The University of California is requested to comply with both of the following: (a) By July 1, 2018, the University of California, in collaboration with the Academic Senate of the University of California, is requested to ensure that implementation of any admissions policy it adopts regarding admission of nonresident undergraduate students shall include guidance that ensures that the academic qualifications for admitted nonresident undergraduate students generally exceeds, on average, the academic qualifications of resident undergraduate students admitted at each campus. (b) The University of California is requested to report to the Legislature annually regarding implementation of this policy, including, but not limited to, the mean and median scores on academic indicators of admitted resident and nonresident undergraduate students at each campus. (Added by Stats. 2017, Ch. 803, Sec. 1. (AB 1674) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 5. Determination of Student Residence [68060 - 68062] SECTION 68060. Source version: id_fd8f3a5c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=5. Every person has, in law, a residence. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 5. Determination of Student Residence [68060 - 68062] SECTION 68061. Source version: id_fd8f3a5e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=5. Every person who is married or 18 years of age, or older, and under no legal disability to do so, may establish residence. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 5. Determination of Student Residence [68060 - 68062] SECTION 68062. Source version: id_c71c872f-591a-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=5. In determining the place of residence the following rules are to be observed: (a) There can only be one residence. (b) A residence is the place where a person remains when not called elsewhere for labor or other special or temporary purpose, and to which the person returns in seasons of repose. (c) A residence cannot be lost until another is gained. (d) The residence can be changed only by the union of act and intent. (e) A man or woman may establish a residence. A woman’s residence shall not be derivative from that of the woman’s husband. (f) The residence of the parent with whom an unmarried minor child maintains the child’s place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, the minor’s residence is that of the parent with whom the minor maintained the minor’s last place of abode, provided the minor may establish a residence when both parents are deceased and a legal guardian has not been appointed. (g) The residence of an unmarried minor who has a parent living cannot be changed by the minor’s own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control. (h) A person who is not a citizen or national of the United States, including one who is an unmarried minor, may establish a residence, unless precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States. (i) The residence of an unmarried minor who is not a citizen or national of the United States shall be derived from the minor’s parents pursuant to the provisions of subdivisions (f) and (g). (Amended (as amended by Stats. 1983, Ch. 680, Sec. 1) by Stats. 2021, Ch. 296, Sec. 21. (AB 1096) Effective January 1, 2022. Superseded by amendment by Stats. 2016, Ch. 69, only if it becomes operative on or before January 20, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 5. Determination of Student Residence [68060 - 68062] SECTION 68062. Source version: id_8eefbf12-ca36-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=5. In determining the place of residence the following rules are to be observed: (a) There can only be one residence. (b) A residence is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he or she returns in seasons of repose. (c) A residence cannot be lost until another is gained. (d) The residence can be changed only by the union of act and intent. (e) A man or woman may establish his or her residence. A woman’s residence shall not be derivative from that of her husband. (f) The residence of the parent with whom an unmarried minor child maintains his or her place of abode is the residence of the unmarried minor child. When the minor lives with neither parent his or her residence is that of the parent with whom he or she maintained his or her last place of abode, provided the minor may establish his or her residence when both parents are deceased and a legal guardian has not been appointed. (g) The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control. (h) A foreign national, including an unmarried minor foreign national, may establish his or her residence, unless precluded by the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq.) from establishing domicile in the United States. (i) The residence of an unmarried minor foreign national shall be derived from his or her parents pursuant to the provisions of subdivisions (f) and (g). (Amended by Stats. 2016, Ch. 69, Sec. 7. (AB 1850) Effective January 1, 2017. Operative only if the condition in Sec. 10 of Ch. 69 is satisfied on or before January 20, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68070. Source version: id_fd90c104-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student who remains in this state after his or her parent, who was theretofore domiciled in California for at least one year immediately prior to leaving and has, during the student’s minority and within one year immediately prior to the residency determination date, established residence elsewhere, shall be entitled to resident classification until he or she has attained the age of majority and has resided in the state the minimum time necessary to become a resident, so long as, once enrolled, he or she maintains continuous attendance at an institution. (Amended by Stats. 1990, Ch. 1372, Sec. 238.2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68071. Source version: id_fd90c106-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date, with the intention of acquiring a residence therein, shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident. (Amended by Stats. 1990, Ch. 1372, Sec. 238.4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68072. Source version: id_fd90c108-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student who has not been an adult for more than one year immediately preceding the residence determination date for the semester, quarter, or term for which he or she proposes to attend an institution shall have his or her immediate premajority derived California residence, if any, added to his or her postmajority residence to obtain the one year of California residence required by Section 68017. (Amended by Stats. 1990, Ch. 1372, Sec. 238.6.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68073. Source version: id_fd90c10a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student shall be entitled to resident classification if, immediately prior to enrolling at an institution, he or she has lived with and been under the continuous direct care and control of any adult or adults, other than a parent, for a period of not less than two years, provided that the adult or adults having control have been domiciled in California during the year immediately prior to the residence determination date. This exception shall continue until the student has attained the age of majority and has resided in the state the minimum time necessary to become a resident, so long as continuous attendance is maintained at an institution. (Amended by Stats. 1990, Ch. 1372, Sec. 238.8.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68074. Source version: id_5f83ea86-e41b-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) A student who is a natural or adopted child, stepchild, or spouse who is a dependent of a member of the Armed Forces of the United States stationed in this state on active duty is entitled to resident classification only for the purpose of determining the amount of tuition and fees. (b) If that member of the Armed Forces of the United States, whose dependent natural or adopted child, stepchild, or spouse is in attendance at, or has been admitted to, a public postsecondary institution, (1) is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, or (2) is thereafter retired as an active member of the Armed Forces of the United States, the student dependent shall not lose his or her resident classification so long as he or she remains continuously enrolled at that institution. (Amended by Stats. 2017, Ch. 165, Sec. 1. (AB 172) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68075. Source version: id_dcdeaf04-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) For purposes of this section, “Armed Forces of the United States” means the Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, and the reserve components of each of those forces, the California National Guard, the California State Guard, and the California Naval Militia. (b) A student who is a member of the Armed Forces of the United States stationed in this state is entitled to resident classification only for the purpose of determining the amount of tuition and fees. (c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, the member shall not lose the member’s resident classification so long as the member remains continuously enrolled at that institution. (Amended by Stats. 2024, Ch. 440, Sec. 2. (AB 3290) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68075.5. Source version: id_6013eb2f-48eb-11e4-95b1-e62827160777 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) Except as provided for in subdivisions (b), (c), and (d), a student of the California Community Colleges or the California State University who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for the length of time he or she lives in this state after being discharged up to the minimum time necessary to become a resident. (b) (1) Except as provided for in subdivisions (c) and (d), a student enrolled, or intending to enroll, at a campus of the California Community Colleges, or as an undergraduate at a campus of the California State University, who was a member of the Armed Forces of the United States stationed in this state on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for up to one year if he or she files an affidavit with the institution at which he or she is enrolled, or intends to enroll, stating that he or she intends to establish residency in California as soon as possible. (2) The one-year exemption provided in paragraph (1) shall be used by the student within two years of being discharged. (c) Notwithstanding any other law, the California Community Colleges and the California State University shall, and the University of California is requested to, update and adopt policies no later than July 1, 2015, regarding tuition rates for eligible veterans and their eligible dependents to ensure conformity to, and compliance with, the federal Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146) and the requirements of this section. (d) A former member of the Armed Forces of the United States who received a dishonorable or bad conduct discharge shall not be eligible for an exemption pursuant to this section. (Amended by Stats. 2014, Ch. 639, Sec. 1. (AB 13) Effective September 27, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68075.6. Source version: id_f647b25a-8184-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) The Legislature finds and declares all of the following: (1) The wars in Afghanistan, Iraq, Syria, and other countries have displaced many families, causing many of them to flee their homes in search of a better life. Between 2011 and March 2017, more than 36,000 refugees entered California, with nearly 8,000 of them entering in 2016. (2) Under the National Defense Authorization Act for Fiscal Year 2006, certain Afghan and Iraqi nationals were provided special immigrant status in the United States. Through the end of 2015, more than 37,000 individuals were granted special immigrant visa (SIV) status under this program. Between 2011 and March 2017, 9,200 SIV holders resettled in California. (3) Under the federal Afghan Allies Protection Act of 2009, certain Afghan nationals were provided special immigrant status in the United States. (4) Many of these families have escaped war and persecution in order to improve the lives of their families, but encounter numerous barriers, such as the cost of higher education, when assimilating into the United States. Access to institutions of higher education will ensure that students from these families are able to pursue their educational goals and rebuild and improve their lives and the lives of their families. (b) Notwithstanding any other law: (1) A student of the California Community Colleges who has a special immigrant visa that has been granted a status under Section 1244 of Public Law 110-181, under Public Law 109-163, or under Section 602(b) of Title VI of Division F of Public Law 111-8, or is a refugee admitted to the United States under Section 1157 of Title 8 of the United States Code, and who, upon entering the United States, settled in California, shall be exempt from paying the nonresident tuition fee required by Section 76140 for the length of time he or she lives in this state up to the minimum time necessary to become a resident. (2) A community college district may report a student, who is exempt from nonresident tuition pursuant to this section and who is enrolled as a student in that district, as a full-time equivalent student for apportionment purposes. (Amended by Stats. 2018, Ch. 33, Sec. 10. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68075.65. Source version: id_6dccf8c1-fcc0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. Each community college shall post on its Internet Web site a notice that sets forth which persons are exempt from paying nonresident tuition pursuant to Section 68075.6. (Added by Stats. 2018, Ch. 582, Sec. 1. (AB 2210) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68075.7. Source version: id_533f1574-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. Notwithstanding any other law: (a) Effective for academic terms beginning on or after August 1, 2021, a student enrolled at a campus of the California Community Colleges or the California State University who meets all of the following requirements shall be exempt from paying nonresident tuition or any other fee that is exclusively applicable to nonresident students: (1) The student resides in California. (2) The student meets the definition of “covered individual,” as that term is defined in Section 3679(c)(2) of Title 38 of the United States Code. (3) The student is eligible for education benefits under the federal Montgomery GI Bill–Active Duty program (Chapter 30 (commencing with Section 3001) of Title 38 of the United States Code), the Veterans Readiness and Employment program (Chapter 31 (commencing with Section 3100) of Title 38 of the United States Code), the Post-9/11 GI Bill program (Chapter 33 (commencing with Section 3301) of Title 38 of the United States Code), or the Survivors’ and Dependents’ Educational Assistance program (Chapter 35 (commencing with Section 3500) of Title 38 of the United States Code), as each read on January 5, 2022. (b) A student who qualifies for an exemption from paying nonresident tuition and other applicable fees under paragraph (2) of subdivision (a) shall be deemed to maintain “covered individual” status as long as the student remains continuously enrolled at a campus, even if the student enrolls in multiple programs, and the student shall continue to be exempt from paying nonresident tuition and other fees that exclusively apply to nonresident students. As used in this section, “continuously enrolled” means enrolled for at least the fall and spring semesters of an academic year, or for at least three of the quarters in an academic year for an institution using the quarter system. (c) The attendance of a community college student who is exempt from paying nonresident tuition and other fees pursuant to this section may be reported by the community college district of attendance for apportionment purposes. (Amended by Stats. 2022, Ch. 465, Sec. 3. (AB 2973) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68076. Source version: id_fd9247b2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. Notwithstanding Section 68062, a student who (a) has not been an adult resident of California for more than one year and (b) is either the dependent child of a California resident who has had residence in California for more than one year prior to the residence determination date, or has a parent who has both contributed court-ordered support for the student on a continuous basis and has been a California resident for a minimum of one year, shall be entitled to resident classification. This exception shall continue until the student has resided in the state the minimum time necessary to become a resident, so long as continuous attendance is maintained at an institution. (Amended by Stats. 1993, Ch. 8, Sec. 15. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68077. Source version: id_fd9247b4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. Notwithstanding Section 68062, a student who is a graduate of any school located in California that is operated by the United States Bureau of Indian Affairs, including, but not limited to, the Sherman Indian High School, shall be entitled to resident classification. This exception shall continue so long as continuous attendance is maintained by the student at an institution. (Amended by Stats. 1993, Ch. 8, Sec. 16. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68078. Source version: id_fd9247b6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) A student holding a valid credential authorizing service in the public schools of this state who is employed by a school district in a full-time position requiring certification qualifications for the college year in which the student enrolls in an institution is entitled to resident classification if that student meets any of the following requirements: (1) He or she holds a provisional credential and is enrolled at an institution in courses necessary to obtain another type of credential authorizing service in the public schools. (2) He or she holds a credential issued pursuant to Section 44250 and is enrolled at an institution in courses necessary to fulfill credential requirements. (3) He or she is enrolled at an institution in courses necessary to fulfill the requirements for a fifth year of education prescribed by subdivision (b) of Section 44259. (b) Notwithstanding any other provision of law, a student holding a valid emergency permit authorizing service in the public schools of this state, who is employed by a school district in a full-time position requiring certification qualifications for the academic year in which the student enrolls at an institution in courses necessary to fulfill teacher credential requirements, is entitled to resident classification only for the purpose of determining the amount of tuition and fees for no more than one year. Thereafter, the student shall be subject to Article 5 (commencing with Section 68060). (c) This section shall not be construed to affect the admissions policies of any teacher preparation program. (Amended by Stats. 2000, Ch. 949, Sec. 1. Effective September 30, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68079. Source version: id_fd93ce58-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student who is a full-time employee of an institution or of any state agency, or a student who is a child or spouse of a full-time employee of an institution or of any state agency, may be entitled to resident classification, as determined by the governing boards, until he or she has resided in the state the minimum time necessary to become a resident. For purposes of this section, “employee of any state agency” means a person employed by the state on or after the effective date of this section, who is assigned to work outside of the state. (Amended by Stats. 1984, Ch. 1172, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68080. Source version: id_fd93ce5a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student who is a minor and resides with either his father or mother in a district or territory not in a district shall be entitled to resident classification, provided that the father or mother has been domiciled in California for more than one year prior to the residence determination date for the semester, quarter or term for which he proposes to attend a community college and provided that he meets the other requirements of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68081. Source version: id_fd93ce5c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student who is enrolled in a state government legislative, executive, or judicial fellowship program administered by the state or the California State University is entitled to resident classification at the California State University during the period of the fellowship. (Amended by Stats. 2004, Ch. 896, Sec. 66. Effective September 29, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68082. Source version: id_fd93ce5e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student who is a native American is entitled to resident classification for attendance at a community college if the student is also attending a school administered by the Bureau of Indian Affairs located within the community college district. As used in this section, “native American” means an American Indian. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68083. Source version: id_57c1b766-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) Any Team USA student athlete who trains in the state in an elite level program approved by the United States Olympic and Paralympic Committee is entitled to resident classification for tuition and fee purposes until the athlete has resided in the state the minimum time necessary to become a resident. (b) The student athlete shall certify their participation in an Olympic or Paralympic elite level training program through supporting documentation from the United States Olympic and Paralympic Committee verifying eligibility, and shall submit the supporting documentation to the campus they are attending at the California State University, University of California, or California Community Colleges. (c) For purposes of this section, “Team USA student athlete” means any student athlete who meets the eligibility standards defined and approved by the United States Olympic and Paralympic Committee and by the national governing body for the sport in which the athlete competes. (d) This section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed. (Amended by Stats. 2022, Ch. 972, Sec. 1. (AB 2747) Effective January 1, 2023. Inoperative July 1, 2032, by its own provisions. Repealed as of January 1, 2033, by its own provisions. See later operative version added by Sec. 2 of Stats. 2022, Ch. 972.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68083. Source version: id_eb430ec4-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) Any amateur student athlete in training at the United States Olympic Training Center in the City of Chula Vista is entitled to resident classification for tuition purposes until the student athlete has resided in the state the minimum time necessary to become a resident. (b) For purposes of this section, “amateur student athlete” means any student athlete who meets the eligibility standards established by the national governing body for the sport in which the athlete competes. (c) This section shall become operative on July 1, 2032. (Repealed (in Sec. 1) and added by Stats. 2022, Ch. 972, Sec. 2. (AB 2747) Effective January 1, 2023. Operative July 1, 2032, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68084. Source version: id_fd93ce62-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) A parent who is a federal civil service employee and his or her natural or adopted dependent children are entitled to resident classification at the California State University, the University of California, or a California community college if the parent has moved to this state as a result of a military mission realignment action that involves the relocation of at least 100 employees. This classification shall continue until the student is entitled to be classified as a resident pursuant to Section 68017, so long as the student continuously attends an institution of public higher education. (b) It shall be the responsibility of the California Community Colleges, the California State University, and the University of California to certify qualifying military mission realignment actions under this section. (Amended by Stats. 2004, Ch. 225, Sec. 6. Effective August 16, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68085. Source version: id_2de3a467-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. A student who currently resides in California and is 19 years of age or under at the time of enrollment, who is currently a dependent or ward of the state through California’s child welfare system, or was served by California’s child welfare system and is no longer being served either due to emancipation or aging out of the system, may be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident. (Added by Stats. 2009, Ch. 251, Sec. 1. (AB 669) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 6. Exceptions to Residence Determination [68070 - 68086] SECTION 68086. Source version: id_a9fe0f53-fcc0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=6. (a) A student seeking to enroll exclusively in career development and college preparation courses, and other courses for which no credit is given, at a community college shall not be subject to the residency classification requirements of Article 3 (commencing with Section 68040). (b) Nothing in subdivision (a) shall prohibit the Chancellor of the California Community Colleges from collecting residency data, for a student described in subdivision (a), that is voluntarily submitted by the student after he or she enrolls at a community college. (Added by Stats. 2018, Ch. 553, Sec. 2. (AB 3101) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 8. Community College District Residence [68100 - 68101] SECTION 68100. Source version: id_fd955408-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=8. (a) A district may classify a student as a district resident if he or she lives with a parent who earns a livelihood primarily by performing agricultural labor for hire in California and other states and the parent has performed this labor in this state for at least two months per year in each of the two preceding years, the parent lives within the district which maintains the community college attended by the student, and the parent claims the student as a dependent on his or her state or federal personal income tax returns if he or she has sufficient income to have a personal income tax liability. (b) A district may also classify a student as a district resident if he or she earns a livelihood primarily by performing agricultural labor for hire in California and other states and he or she has performed this labor in this state for at least two months per year in each of the two preceding years. (c) The Board of Governors of the California Community Colleges shall prescribe rules and regulations for the implementation of this section. (Amended by Stats. 1990, Ch. 1372, Sec. 240.3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41. UNIFORM STUDENT RESIDENCY REQUIREMENTS [68000 - 68134] CHAPTER 1. Student Residency Requirements [68000 - 68134] ARTICLE 8. Community College District Residence [68100 - 68101] SECTION 68101. Source version: id_24d10ebb-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.&chapter=1.&article=8. A community college district may accept the determination of another community college district as to a student’s residency classification pursuant to a process established by the office of the Chancellor of the California Community Colleges, or if all of the following conditions are satisfied: (a) The student is cross-enrolling pursuant to Chapter 9.7 (commencing with Section 66770) of Part 40. (b) The student is cross-enrolling in a course available through the online course exchange of the California Virtual Campus, as defined in Section 66770. (c) The home college certifies the determination of the community college district as to the student’s residency classification. (d) The student is enrolling in a course available at the teaching college through the online course exchange of the California Virtual Campus. (e) The home college and the teaching college have both signed on to participate in the online course exchange of the California Virtual Campus. (Amended by Stats. 2023, Ch. 188, Sec. 4. (SB 886) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 41.5. WAIVER OF FEES FOR EXONERATED PERSONS [69000- 69000.] SECTION 69000. Source version: id_a57c9aab-0c8d-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=41.5.&chapter=&article= (a) (1) No mandatory systemwide fees or tuition of any kind shall be required or collected by the Regents of the University of California, the Trustees of the California State University, the Board of Governors of the California Community Colleges, or any community college district from a student who has been exonerated, as that term is defined in Section 3007.05 of the Penal Code, if the student meets all of the following conditions: (A) Completes and submits the Free Application for Federal Student Aid (FAFSA). (B) Meets the financial need requirements established for Cal Grant A awards under Chapter 1.7 (commencing with Section 69430) of Part 42. (2) A student shall not have the student’s mandatory systemwide tuition or fees waived pursuant to this subdivision in excess of the equivalent of six years of full-time attendance in an undergraduate program. (b) A person who is eligible for a waiver of tuition or fees under this section may receive a waiver for each academic year during which the person applies for that waiver, but an eligible person may not receive a waiver of tuition or fees for a prior academic year. (c) The waiver of tuition or fees under this section shall apply only to a person who is determined to be a resident of this state pursuant to this chapter. (Added by Stats. 2019, Ch. 436, Sec. 1. (AB 703) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1. Selective Service Registration [69400- 69400.] SECTION 69400. Source version: id_c3503a62-2075-11ec-b895-715221fbc05d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.&article= Any accompanying regulations or formal policy to verify Selective Service registration is waived for applicants eligible for Cal Grants pursuant to Section 69508.5. The Student Aid Commission shall not consider verification of Selective Service registration in audits of the 2021–22 academic year. (Amended by Stats. 2021, Ch. 262, Sec. 5. (SB 169) Effective September 23, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69405. Source version: id_de56365f-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. This chapter shall be known, and may be cited, as the Cal Grant Reform Act. This chapter continues, without interruption or diminution, the operation of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established under Chapter 1.7 (commencing with Section 69430) as it read on December 31, 2022, until July 1, 2024, if funding is included in the annual Budget Act for this purpose. This chapter shall only become operative upon the appropriation by the Legislature, in the annual Budget Act or another statute, of sufficient funds to fully implement its provisions. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69406. Source version: id_de563661-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. For purposes of this chapter, the following definitions apply: (a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. (b) “Access costs” means living expenses and expenses for transportation, supplies, technology, and books. (c) “Award year” means one academic year, or the equivalent, of attendance at a qualifying institution. (d) “College grade point average” and “community college grade point average” mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree. (e) “Commission” means the Student Aid Commission. (f) “Eligibility index for student aid,” with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission. (g) “Enrollment status” means part- or full-time status. (1) “Part time,” for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent. (2) “Full time,” for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent. (h) “High school grade point average” means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers’ Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, “high school grade point average” includes senior year coursework. (i) “Instructional program of not less than one academic year” means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. (j) “Instructional program of not less than two academic years” means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. (k) (1) “Qualifying institution” means an institution that complies with paragraphs (2) and (3) and is any of the following: (A) A California private or independent postsecondary educational institution that participates in the federal Pell Grant program and in at least two of the following federal student aid programs: (i) Federal Work-Study Program. (ii) Federal Stafford Loan Program. (iii) Federal Supplemental Educational Opportunity Grant Program. (B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institution’s operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 2000–01 academic year shall retain its eligibility as long as it maintains its existing accreditation status. (C) A California public postsecondary educational institution. (2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the internet website of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an internet website address labeled as an access point for the data on the passage rates of recent program graduates on the internet website where enrollment information is also located, on an internet website that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. (B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A). (3) (A) The commission shall certify by November 1 of each year the institution’s latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education. (B) For purposes of the 2024–25 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution. (C) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B) or (E), as applicable. (ii) If the United States Department of Education corrects or revises an institution’s three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B) or (E), as applicable, and the correction or revision results in the institution’s three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied. (D) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education. (E) For purposes of the 2024–25 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution. (F) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A). (G) The commission shall do all of the following: (i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (B) or (E) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award. (ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (B) or (E) that the student’s Cal Grant award will be eliminated if the student attends the ineligible institution in an academic year in which the institution is ineligible. (iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (B) or (E) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award. (iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (B) and (E), respectively. (II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance. (l) “Satisfactory academic progress” means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. The commission may adopt regulations defining “satisfactory academic progress” in a manner that is consistent with those federal standards. The regulations adopted by the commission under this subdivision shall, to the extent consistent with applicable federal standards, provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at the institution they attend, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69407. Source version: id_de563663-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) Consistent with the state’s historic commitment to provide educational opportunity by ensuring both student access to, and selection of, an institution of higher education for students with financial need, the long-term policy of the Cal Grant Reform Act established pursuant to this chapter shall be that, commencing with the 2024–25 award year, if funding is included in the annual Budget Act, and every year thereafter, an applicant for a Cal Grant award shall receive an award for payment of tuition or student fees, nontuition costs, or both tuition or student fees and nontuition costs, as specified for each Cal Grant award type, if the applicant complies with both of the following requirements: (1) Demonstrates financial need. (2) Complies with each of the applicable eligibility criteria. (b) An institution of higher education in this state that participates in the Cal Grant Reform Act Program shall not reduce its level of need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the academic year before July 1, 2022. (c) The implementation of the policy set forth in this section shall maintain a balance between the state’s policy goals of ensuring student access to, and selection of, an institution of higher education for students with financial need. (d) It is the policy of the State of California that the Cal Grant Reform Act Program supplement the federal Pell Grant program. (e) An award under the Cal Grant Reform Act Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69408. Source version: id_de563665-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) The commission shall adopt regulations necessary to implement this chapter, and these regulations shall become operative no sooner than July 1, 2024. Notwithstanding any other law, the commission may adopt emergency regulations pursuant to Section 11346.1 of the Government Code in order to ensure that the program enacted by this chapter may function in its first academic year. Those emergency regulations shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code. (b) Regulations adopted pursuant to subdivision (a) shall not affect the application of Chapter 1.7 (commencing with Section 69430), as it read on December 31, 2022, to students already receiving assistance pursuant to that chapter. These regulations shall provide guidance to institutions that assist in applying Chapter 1.7 (commencing with Section 69430) and this chapter during any period of overlap. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69409. Source version: id_de565d77-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. Pursuant to the long-term policy of the Cal Grant Reform Act Program established pursuant to Section 69407, the commission shall make awards under the Cal Grant Program for payment of tuition or student fees, nontuition costs, or both tuition or student fees and nontuition costs, in accordance with the following: (a) The commission shall determine the timelines and procedures for the application process for awards, and the timelines and procedures for the distribution of those awards, under this chapter. In determining those timelines and procedures, the commission shall take into consideration the relevant academic calendars of high schools and postsecondary educational institutions and shall ensure that students and their families have sufficient time to complete the application process and, once the results of that process are known, to make informed decisions about achieving the students’ educational goals with any available Cal Grant award. (b) (1) As a continuation of the Cal Grant C Program established under Article 6 (commencing with Section 69439) of Chapter 1.7, as it read on December 31, 2022, an otherwise eligible student enrolled in qualifying occupational and technical training program who would have been eligible for aid under the Cal Grant C Program, shall be eligible to receive a prorated Cal Grant award as specified in the Budget Act. (2) A qualifying occupational and technical training program shall be defined and determined based on the criteria established under Article 6 (commencing with Section 69439) of Chapter 1.7, as it read on December 31, 2022. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69410. Source version: id_de565d79-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) (1) As a condition for its voluntary participation in the Cal Grant Reform Act Program, each Cal Grant participating institution shall annually report to the commission, and as further specified in an institutional participation agreement, both of the following for its undergraduate programs: (A) Enrollment, persistence, and graduation data for all students, disaggregated by race and financial aid recipient status. (B) The job placement rate and salary and wage information for each program that is either designed or advertised to lead to a particular type of job or advertised or promoted with a claim regarding job placement. (2) The institutional participation agreement shall not be subject to the requirements of the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) The commission shall provide both of the following on its internet website: (1) The information submitted by a Cal Grant participating institution pursuant to subdivision (a), which shall be made available in a searchable database. (2) Other information and links that are useful to students and parents who are in the process of selecting a college or university. This information may include, but not necessarily be limited to, local occupational profiles available through the Employment Development Department’s Labor Market Information Data Library. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69411. Source version: id_ac65a198-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) To be eligible for a Cal Grant Reform Act Program award under this chapter, a student shall be all of the following: (1) A citizen of the United States, or an eligible noncitizen, as defined for purposes of financial aid programs under Title IV of the federal Higher Education Act of 1965, as amended from time to time (20 U.S.C. Sec. 1070 et seq.). (2) Either of the following: (A) A resident of California at the time of high school graduation or its equivalent. (B) A student who has residence, pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41, in the state for more than three years immediately preceding July 1 of the award year. (3) Not in default on any student loan within the meaning of Section 69507.5. (b) Notwithstanding paragraphs (1) and (2) of subdivision (a), a student who is exempt from paying nonresident tuition pursuant to Section 68130.5 shall be eligible for an award pursuant to this chapter if they meet all other eligibility requirements. (c) Notwithstanding paragraph (2) of subdivision (a), a student who is a dependent natural or adopted child, stepchild, or spouse of a member of the Armed Forces of the United States stationed outside of California on active duty, if the member of the Armed Forces of the United States otherwise maintains California as their state of legal residence, shall be eligible for an award pursuant to this chapter if the student meets all other eligibility requirements. (Amended by Stats. 2025, Ch. 648, Sec. 1. (SB 67) Effective January 1, 2026. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69412. Source version: id_de565d7d-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) Except as otherwise provided in this section, Cal Grant 2 and 4 awards may be renewed for a total of the equivalent of four years of full-time attendance in an undergraduate program, provided the student still meets other program eligibility requirements. Commencing with the 2024–25 award year, the total number of years of eligibility for grants pursuant to this section shall be based on the student’s educational level in the student’s course of study as designated by the institution of attendance when the recipient initially receives payment for a grant. (b) For a student enrolled in an institutionally prescribed five-year undergraduate program, Cal Grant 2 and 4 awards may be renewed for a total of five years of full-time attendance. (c) (1) A Cal Grant recipient who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the Commission on Teacher Credentialing is eligible for, but not entitled to, renewal of a Cal Grant 2 and 4 award for a total of five years of full-time attendance, provided they still meet other program eligibility requirements. (2) Payment for the fifth year of full-time attendance is limited to only those courses required for an initial teaching authorization. An award made under this subdivision may not be used for other courses. (3) A student’s Cal Grant 2 or 4 renewal eligibility shall not have lapsed more than 15 months before the payment of an award for purposes of this subdivision. (d) (1) For a current or former foster youth, Cal Grant 2 or 4 awards may be renewed for a total of the equivalent of eight years of full-time attendance in an undergraduate program. (2) For purposes of this subdivision, “current or former foster youth” means a person whose dependency was established or continued by the court on or after the date on which the person reached 13 years of age. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69413. Source version: id_de565d7f-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) For purposes of this section, the following definitions apply: (1) “Associate degree for transfer commitment” means a commitment by an independent institution of higher education that chooses to accept the California Community College associate degree for transfer pursuant to Section 66749.6. (2) “Independent institution of higher education” has the same meaning as in Section 66010. (b) Maximum Cal Grant 2 and 4 award amounts for students at independent institutions of higher education and private for-profit postsecondary educational institutions shall be identified in the annual Budget Act. Maximum Cal Grant 2 and 4 award amounts for students attending public institutions and maximum Cal Grant 2 and 4 award amounts at private for-profit institutions shall be referenced in the annual Budget Act. (c) Notwithstanding subdivision (b), the maximum tuition award amounts for Cal Grant 2 and 4 students attending independent institutions of higher education for the 2024–25 award year and each award year thereafter shall be as follows: (1) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year meets or exceeds the target specified in subdivision (f), nine thousand three hundred fifty-eight dollars ($9,358) for new recipients. (2) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year is less than the target specified in subdivision (f), eight thousand fifty-six dollars ($8,056) for new recipients. (d) It is the intent of the Legislature that independent institutions of higher education make a good faith effort to make the process for transferring from the California Community Colleges easier for resident students and a decision determining the maximum award amounts made pursuant to this section for students attending an independent institution of higher education will be made with consideration of the effort of the institution to make that process easier. (e) The association representing the largest number of independent institutions of higher education shall submit a report relative to the implementation of this section to the Department of Finance and the Legislature, in conformity with Section 9795 of the Government Code, on or before April 15 of each year following the 2024–25 award year. (f) (1) For the 2024–25 award year and each award year thereafter, the target number of new unduplicated recipients accepted by independent institutions of higher education who have been given associate degree for transfer commitments shall be equal to the number of new transfer students attending independent institutions of higher education who were given associate degree for transfer commitments in the prior award year, adjusted by the percentage change in the total number of new transfer students from the year two years prior, compared to the prior year. (2) Notwithstanding paragraph (1), it is the intent of the Legislature that the target number of new unduplicated recipients accepted by independent institutions of higher education who have been given associate degree for transfer commitments will increase each year. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69414. Source version: id_de565d81-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. The commission may determine that an advance payment is essential to ensure that funds provided pursuant to this chapter to assist students to enroll in postsecondary education are available at the time students enroll. Upon making that determination, the commission may, on the basis of institutional academic calendars, advance, per term to authorized postsecondary educational institutions, the funds for eligible students who have indicated they will attend those institutions, less an amount based on historical claim enrollment attrition information. Each institution shall disburse the funds in accordance with the provisions set forth in the institutional agreement between the commission and the institution. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69415. Source version: id_de565d83-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant. (b) (1) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (2) “Eligibility index for student aid,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission. (c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant applicants, as described in subdivision (a). (2) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, no later than October 1 of each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if the pupil is 18 years of age, to submit the pupil’s social security number to the commission. (3) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee. (4) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average. (5) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter. (6) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act application. (d) (1) The school district or charter school shall, no later than January 1 of a pupil’s grade 11 academic year, notify, in writing, each grade 11 pupil and, for a pupil under 18 years of age, the pupil’s parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission and the submission deadline of October 1. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant. (2) Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt the pupil out and, if before the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69416. Source version: id_de568495-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) The commission may require verification of high school graduation or its equivalent to be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out as provided in subdivision (d) of Section 69415. (b) If the commission requires verification of high school graduation or its equivalent pursuant to subdivision (a), the commission shall provide guidance to high schools or high school districts to ensure that high schools and high school districts verify the graduation of their pupils as soon as possible upon a pupil’s graduation and no later than August 31 of the academic year following the pupils’ graduation. This subdivision also applies to pupils who graduate during the summer following the grade 12 academic year. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69417. Source version: id_de568497-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) For purposes of this section, “qualifying institution” has the same meaning as in subdivision (k) of Section 69406. (b) Upon the initial award and renewal of a Cal Grant award, the commission shall notify the award recipient in writing, which may include email, of both of the following: (1) A Cal Grant award is limited to four academic years, except as provided in Section 69412. (2) A student needs to take 15 units per semester or the equivalent quarter units, or 30 semester units or the equivalent quarter units per academic year, in order to graduate within four years. (c) During the orientation of a new student, a qualifying institution shall notify the student in writing of the information described in paragraphs (1) and (2) of subdivision (b). (d) Upon annual registration by a student receiving state financial aid, the financial aid office of a qualifying institution shall notify that student in writing of the information described in paragraphs (1) and (2) of subdivision (b). (e) During online registration by a student for fewer than 15 semester units or the equivalent quarter units, the information contained in paragraphs (1) and (2) of subdivision (b) shall be provided to the student with a box for the student to check acknowledging receipt of the provided information. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 1. General Provisions [69405 - 69418] SECTION 69418. Source version: id_de568499-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=1. (a) Only a resident of California, as determined pursuant to Chapter 1 (commencing with Section 68000) of Part 41, or a student who is exempt from paying nonresident tuition under Section 68130.5, is eligible for an initial Cal Grant award. The recipient shall remain eligible for award renewal only if the recipient is a California resident or exempt from paying nonresident tuition under Section 68130.5, in attendance, and making satisfactory academic progress at a qualifying institution, as determined by the commission. (b) A part-time student shall not be discriminated against in the selection of Cal Grant award recipients, and an award to a part-time student shall be approximately proportional to the time the student spends in the instructional program, as determined by the commission. A first-time Cal Grant award recipient who is a part-time student shall be eligible for a full-time renewal award if the recipient becomes a full-time student. (c) Cal Grant awards shall be awarded without regard to race, religion, creed, sex, sexual orientation, gender identity, gender expression, or age. (d) An applicant shall not receive more than one type of Cal Grant award concurrently. An applicant shall not: (1) Receive one or a combination of Cal Grant awards in excess of the amount equivalent to the award level for a total of four years of full-time attendance in an undergraduate program, except as provided in Section 69412. (2) Have obtained a baccalaureate degree before receiving a Cal Grant award. (e) The commission shall, for students who accelerate college attendance, increase the amount of their Cal Grant 2 and 4 award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation during summer terms, sessions, or quarters. In the aggregate, the total amount a student may receive in a four-year period shall not be increased as a result of the student accelerating their progress to a degree by attending summer terms, sessions, or quarters. (f) The commission shall notify Cal Grant award recipients of the availability of funding for the summer term, session, or quarter through prominent notice in financial aid award letters, materials, guides, electronic information, and other means, which may include, but is not necessarily be limited to, surveys, newspaper articles, or attachments to communications from the commission and any other published documents. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 2. Cal Grant 2 Program [69424- 69424.] SECTION 69424. Source version: id_de56849d-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=2. (a) The Cal Grant 2 Program is established for students enrolled at a campus of the California Community Colleges in a for-credit instructional program leading to a degree, certificate, or transfer. (b) To be eligible for an award under the Cal Grant 2 Program, a community college student shall comply with all of the following conditions: (1) Qualify as a California resident or qualify for a waiver of nonresident tuition under Section 68130.5. (2) Meet all requirements for Cal Grant eligibility pursuant to Section 69411. (3) Submit a Free Application for Federal Student Aid or a California Dream Act application on or before September 2 of the year immediately preceding the award year. (4) Enroll at a campus, or a combination of campuses, of the California Community Colleges as at least a half-time student, and maintain satisfactory academic progress within the meaning of the federal Higher Education Act of 1965 (Public Law 89-329, as amended). (5) Have a household income below the percentage of the federal poverty level, as adjusted annually by the federal government, applicable to the student, as specified in the following table, based on the status and size of the student’s household: Student Household Status and Size Percentage of federal poverty level for Cal Grant 2 Program Qualification A dependent student with married parents and an independent student without a dependent 275 percent A dependent student with a single parent 325 percent An independent, married student with a dependent 350 percent An independent, single student with a dependent 400 percent (c) (1) A Cal Grant 2 award shall include an access award, covering nontuition expenses, of no less than the maximum per-student amount provided in the 2020–21 award year in the first award year. Except as provided in paragraph (2), that amount shall be adjusted in subsequent award years in proportion to the growth, if any, of the California Consumer Price Index as calculated by the Department of Industrial Relations. (2) The Director of Finance may suspend the adjustment of the Cal Grant 2 access award for the succeeding award year if, in the determination of the director, the May Revision projects a state budget deficit would occur without budgetary actions for that succeeding award year. (d) Any recipient of the Cal Grant 2 award is also eligible for an award pursuant to Sections 69465 and 69470, if they meet criteria described in those sections. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 3. Cal Grant 4 Program [69425- 69425.] SECTION 69425. Source version: id_de56abb1-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=3. (a) The Cal Grant 4 Program is established for students enrolled in a for-credit instructional program at any institution, other than a community college, meeting the definition of “qualifying institution” in subdivision (k) of Section 69406. (b) To be eligible for an award under the Cal Grant 4 Program, a student shall comply with all of the following: (1) Qualify as a California resident or qualify for a waiver of nonresident tuition under Section 68130.5. (2) Submit a Free Application for Federal Student Aid or a California Dream Act application on or before March 2 of the year immediately preceding the award year. (3) Verify, from a high school or community college transcript, that the student has a grade point average of 2.0 or greater on a 4.0 point scale. (4) Enroll at a qualifying institution, as defined in subdivision (k) of Section 69406, as at least a half-time student, and maintain satisfactory academic progress within the meaning of the federal Higher Education Act of 1965 (Public Law 89-329, as amended). (5) Meet all requirements for Cal Grant eligibility pursuant to Section 69411. (6) Have a household income below the percentage of the federal poverty level, as adjusted annually by the federal government, applicable to the student, as specified in the following table, based on the status and size of the student’s household: Student Household Status and Size Percentage of federal poverty level for Cal Grant 4 Program Qualification A dependent student with married parents and an independent student without a dependent 275 percent A dependent student with a single parent 325 percent An independent, married student with a dependent 350 percent An independent, single student with a dependent 400 percent (c) The amount of the annual Cal Grant 4 award shall be based on the institution at which the recipient student is enrolled, in accordance with the following: (1) For a student enrolled in a baccalaureate degree program at a California Community College, the amount determined under subdivision (b) of Section 69435.3, as it read on December 31, 2022. (2) For a student enrolled at a campus of the University of California, the cost of tuition and mandatory systemwide fees. (3) For a student enrolled at a campus of the California State University, the cost of tuition and mandatory systemwide fees. (4) For a student enrolled at an independent institution of higher education, the amount determined pursuant to Section 69413. (5) For a student enrolled at a for-profit institution accredited by the Western Association of Schools and Colleges (WASC), eight thousand fifty-six dollars ($8,056). (6) For a student enrolled at a for-profit institution that is not accredited by WASC, four thousand dollars ($4,000). (d) Any recipient of the Cal Grant 4 award is also eligible for an award pursuant to Sections 69465 and 69470, if they meet criteria described in those sections. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative as prescribed in Sections 69405 and 69428.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.5. The Cal Grant Reform Act [69405 - 69428] ARTICLE 4. Operative Date [69428- 69428.] SECTION 69428. Source version: id_de56abb5-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.5.&article=4. This chapter shall become operative for students to apply for Cal Grant 2 awards under Article 2 (commencing with Section 69424) and Cal Grant 4 awards under Article 3 (commencing with Section 69425) only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if funding is provided in the annual Budget Act to implement the Cal Grant Reform Act pursuant to this chapter. It is the intent of the Legislature that students eligible for Cal Grant 2 and Cal Grant 4 awards receive aid for the 2024–25 academic year. (Added by Stats. 2022, Ch. 54, Sec. 8. (AB 183) Effective June 30, 2022. Conditionally operative by Sec. 65 of Stats. 2022, Ch. 54. Conditionally operative by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69430. Source version: id_fd9cf54e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. This chapter shall be known, and may be cited, as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69431. Source version: id_fd9cf550-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. There is hereby established the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, which may also be referred to as the Cal Grant Program. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69432. Source version: id_3d921494-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) (1) Cal Grant Program awards shall be known as “Cal Grant A Entitlement Awards,” “Cal Grant B Entitlement Awards,” “California Community College Expanded Entitlement Awards,” “California Community College Transfer Entitlement Awards,” “Competitive Cal Grant A and B Awards,” “Cal Grant C Awards,” and “Cal Grant T Awards.” (2) For purposes of this section, “associate degree for transfer commitment” means a commitment by an independent institution of higher education that chooses to accept the California Community College associate degree for transfer pursuant to Section 66749.6. (b) Maximum award amounts for students at independent institutions of higher education, private for-profit postsecondary educational institutions, and for Cal Grant C and Cal Grant T awards shall be identified in the annual Budget Act. Maximum award amounts for Cal Grant A, B, and C awards for students attending public institutions shall be referenced in the annual Budget Act. (c) (1) Notwithstanding subdivision (b), and subdivision (c) of Section 66021.2, commencing with the 2013–14 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit postsecondary educational institutions shall be four thousand dollars ($4,000). (2) Notwithstanding paragraph (1) of this subdivision, subdivision (b) of this section, and subdivision (c) of Section 66021.2, commencing with the 2018–19 award year, the maximum tuition award amounts for Cal Grant A and B awards for students attending private for-profit postsecondary educational institutions accredited by the Western Association of Schools and Colleges shall be nine thousand eighty-four dollars ($9,084) for new recipients, unless otherwise specified in the Budget Act of 2018. (d) Notwithstanding subdivision (b) of this section, and subdivision (c) of Section 66021.2, the maximum tuition award amounts for Cal Grant A and B awards for students attending independent institutions of higher education shall be as follows: (1) For the 2015–16 to 2020–21 award years, inclusive, nine thousand eighty-four dollars ($9,084) for new recipients. (2) For the 2021–22 award year, nine thousand two hundred twenty dollars ($9,220) for new recipients. (3) For the 2022–23 and 2023–24 award years, nine thousand three hundred fifty-eight dollars ($9,358) for new recipients. (4) For the 2024–25 award year and each year thereafter: (A) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year meets or exceeds the target specified in subdivision (h), nine thousand three hundred fifty-eight dollars ($9,358) for new recipients. (B) If the number of new unduplicated transfer students accepted by independent institutions of higher education who have been given associate degree for transfer commitments in the prior award year is less than the target specified in subdivision (h), eight thousand fifty-six dollars ($8,056) for new recipients. (e) (1) The renewal award amount for a student whose initial award is subject to a maximum award amount specified in this section shall be calculated pursuant to paragraph (2) of subdivision (a) of Section 69433. (2) Notwithstanding paragraph (1) of this subdivision, and paragraph (2) of subdivision (a) of Section 69433, the maximum tuition award amounts for Cal Grant A and B awards for students attending independent institutions of higher education shall be nine thousand three hundred fifty-eight dollars ($9,358) for renewal recipients, if the student first received a new award before the 2022–23 award year. (f) It is the intent of the Legislature that independent institutions of higher education make a good faith effort to make the process for transferring from the California Community Colleges easier for resident students and a decision determining the maximum award amounts made pursuant to this section for students attending an independent institution of higher education will be made with consideration of the effort of the institution to make that process easier. (g) The association representing the largest number of independent institutions of higher education shall submit a report relative to the implementation of this section to the Department of Finance and the Legislature, in conformity with Section 9795 of the Government Code, on or before April 15 of each year. (h) (1) For the 2024–25 award year and each award year thereafter, the target number of new unduplicated recipients accepted by independent institutions of higher education who have been given associate degree for transfer commitments shall be equal to the number of new transfer students attending independent institutions of higher education who were given associate degree for transfer commitments in the prior award year, adjusted by the percentage change in the total number of new transfer students from the year two years prior, compared to the prior year. (2) Notwithstanding paragraph (1), it is the intent of the Legislature that the target number of new unduplicated recipients accepted by independent institutions of higher education who have been given associate degree for transfer commitments will increase each year. (i) For purposes of this section, “independent institution of higher education” has the same meaning as in Section 66010. (Amended by Stats. 2026, Ch. 79, Sec. 8. (SB 135) Effective July 13, 2026. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69432.5. Source version: id_fd9cf554-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. The Budget required by the California Constitution to be submitted by the Governor at each Regular Session of the Legislature shall take into consideration the amount of federal grant funds for student financial aid. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69432.7. Source version: id_2ac79db6-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. As used in this chapter, the following terms have the following meanings: (a) An “academic year” is July 1 to June 30, inclusive. The starting date of a session shall determine the academic year in which it is included. (b) “Access costs” means living expenses and expenses for transportation, supplies, technology, and books. (c) “Award year” means one academic year, or the equivalent, of attendance at a qualifying institution. (d) “College grade point average” and “community college grade point average” mean a grade point average calculated on the basis of all college work completed, except for nontransferable units and courses not counted in the computation for admission to a California public institution of higher education that grants a baccalaureate degree. (e) “Commission” means the Student Aid Commission. (f) “Enrollment status” means part- or full-time status. (1) “Part time,” for purposes of Cal Grant eligibility, means 6 to 11 semester units, inclusive, or the equivalent. (2) “Full time,” for purposes of Cal Grant eligibility, means 12 or more semester units or the equivalent. (g) “Expected family contribution,” with respect to an applicant, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission. (h) “High school grade point average” means a grade point average calculated on a 4.0 scale, using all academic coursework, for the sophomore year, the summer following the sophomore year, the junior year, and the summer following the junior year, excluding physical education, Reserve Officers’ Training Corps (ROTC), and remedial courses, and computed pursuant to regulations of the commission. However, for high school graduates who apply after their senior year, “high school grade point average” includes senior year coursework. (i) “Instructional program of not less than one academic year” means a program of study that results in the award of an associate or baccalaureate degree or certificate requiring at least 24 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. (j) “Instructional program of not less than two academic years” means a program of study that results in the award of an associate or baccalaureate degree requiring at least 48 semester units or the equivalent, or that results in eligibility for transfer from a community college to a baccalaureate degree program. (k) (1) “Maximum household income and asset levels” means the applicable household income and household asset levels for participants, including new applicants and renewing recipients, in the Cal Grant Program, as defined and adopted in regulations by the commission for the 2001–02 academic year, which shall be set pursuant to the following income and asset ceiling amounts: CAL GRANT PROGRAM INCOME CEILINGS Cal Grant A, C, and T Cal Grant B Dependent and Independent students with dependents* Family Size Six or more $74,100 $40,700 Five $68,700 $37,700 Four $64,100 $33,700 Three $59,000 $30,300 Two $57,600 $26,900 Independent Single, no dependents $23,500 $23,500 Married $26,900 $26,900 *Applies to independent students with dependents other than a spouse. CAL GRANT PROGRAM ASSET CEILINGS Cal Grant A, C, and T Cal Grant B Dependent** _____ _____ $49,600 $49,600 Independent _____ _____ $23,600 $23,600 **Applies to independent students with dependents other than a spouse. (2) The commission shall annually adjust the maximum household income and asset levels based on the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. The maximum household income and asset levels applicable to a renewing recipient shall be the greater of the adjusted maximum household income and asset levels or the maximum household income and asset levels at the time of the renewing recipient’s initial Cal Grant award. For a recipient who was initially awarded a Cal Grant for an academic year before the 2011–12 academic year, the maximum household income and asset levels shall be the greater of the adjusted maximum household income and asset levels or the 2010–11 academic year maximum household income and asset levels. An applicant or renewal recipient who qualifies to be considered under the simplified needs test established by federal law for student assistance shall be presumed to meet the asset level test under this section. Before disbursing any Cal Grant funds, a qualifying institution shall be obligated, under the terms of its institutional participation agreement with the commission, to resolve any conflicts that may exist in the data the institution possesses relating to that individual. (l) (1) “Qualifying institution” means an institution that complies with paragraphs (2) to (4), inclusive, and is any of the following: (A) A California private or independent postsecondary educational institution that participates in the Pell Grant Program and in at least two of the following federal student aid programs: (i) Federal Work-Study Program. (ii) Federal Stafford Loan Program. (iii) Federal Supplemental Educational Opportunity Grant Program. (B) A nonprofit institution headquartered and operating in California that certifies to the commission that 10 percent of the institution’s operating budget, as demonstrated in an audited financial statement, is expended for purposes of institutionally funded student financial aid in the form of grants, that demonstrates to the commission that it has the administrative capacity to administer the funds, that is accredited by the Western Association of Schools and Colleges, and that meets any other state-required criteria adopted by regulation by the commission in consultation with the Department of Finance. A regionally accredited institution that was deemed qualified by the commission to participate in the Cal Grant Program for the 2000–01 academic year shall retain its eligibility as long as it maintains its existing accreditation status. (C) A California public postsecondary educational institution. (2) (A) The institution shall provide information on where to access California license examination passage rates for the most recent available year from graduates of its undergraduate programs leading to employment for which passage of a California licensing examination is required, if that data is electronically available through the internet website of a California licensing or regulatory agency. For purposes of this paragraph, “provide” may exclusively include placement of an internet website address labeled as an access point for the data on the passage rates of recent program graduates on the internet website where enrollment information is also located, on an internet website that provides centralized admissions information for postsecondary educational systems with multiple campuses, or on applications for enrollment or other program information distributed to prospective students. (B) The institution shall be responsible for certifying to the commission compliance with the requirements of subparagraph (A). (3) (A) The commission shall certify by November 1 of each year the institution’s latest official three-year cohort default rate and graduation rate as most recently reported by the United States Department of Education. For purposes of this section, the graduation rate is the percentage of full-time, first-time degree or certificate-seeking undergraduate students who graduate in 150 percent or less of the expected time to complete degree requirements as most recently reported publicly in any format, including preliminary data records, by the United States Department of Education. (B) For purposes of the 2011–12 academic year, an otherwise qualifying institution with a three-year cohort default rate reported by the United States Department of Education that is equal to or greater than 24.6 percent shall be ineligible for initial and renewal Cal Grant awards at the institution. (C) For purposes of the 2012–13 academic year, and every academic year thereafter, an otherwise qualifying institution with a three-year cohort default rate that is equal to or greater than 15.5 percent, as certified by the commission on October 1, 2011, and every year thereafter, shall be ineligible for initial and renewal Cal Grant awards at the institution. (D) (i) An otherwise qualifying institution that becomes ineligible under this paragraph for initial and renewal Cal Grant awards shall regain its eligibility for the academic year for which it satisfies the requirements established in subparagraph (B), (C), or (F), as applicable. (ii) If the United States Department of Education corrects or revises an institution’s three-year cohort default rate or graduation rate that originally failed to satisfy the requirements established in subparagraph (B), (C), or (F), as applicable, and the correction or revision results in the institution’s three-year cohort default rate or graduation rate satisfying those requirements, that institution shall immediately regain its eligibility for the academic year to which the corrected or revised three-year cohort default rate or graduation rate would have been applied. (E) An otherwise qualifying institution for which no three-year cohort default rate or graduation rate has been reported by the United States Department of Education shall be provisionally eligible to participate in the Cal Grant Program until a three-year cohort default rate or graduation rate has been reported for the institution by the United States Department of Education. (F) For purposes of the 2012–13 academic year, and every academic year thereafter, an otherwise qualifying institution with a graduation rate of 30 percent or less, as certified by the commission pursuant to subparagraph (A), shall be ineligible for initial and renewal Cal Grant awards at the institution, except as provided for in subparagraph (H). (G) Notwithstanding any other law, the requirements of this paragraph shall not apply to institutions with 40 percent or less of undergraduate students borrowing federal student loans, using information reported to the United States Department of Education for the academic year two years before the academic year in which the commission is certifying the three-year cohort default rate or graduation rate pursuant to subparagraph (A). (H) Notwithstanding subparagraph (F), an otherwise qualifying institution that maintains a three-year cohort default rate that is less than 15.5 percent and a graduation rate above 20 percent for students taking 150 percent or less of the expected time to complete degree requirements, as certified by the commission pursuant to subparagraph (A), shall be eligible for initial and renewal Cal Grant awards at the institution through the 2016–17 academic year. (I) Notwithstanding subparagraph (D), for the 2024–25 academic year, the commission shall use the three-year cohort default rate certified in 2020 to certify an otherwise qualifying institution pursuant to this paragraph. (J) Notwithstanding subparagraph (D), for the 2025–26 and 2026–27 academic years, the commission shall use the three-year cohort default rate certified in 2020 to certify an otherwise qualifying institution pursuant to this paragraph. (K) The commission shall do all of the following: (i) Notify initial Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards under subparagraph (C) or (F) that the institution is ineligible for initial Cal Grant awards for the academic year for which the student received an initial Cal Grant award. (ii) Notify renewal Cal Grant recipients attending an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) that the student’s Cal Grant award will be reduced by 20 percent, or eliminated, as appropriate, if the student attends the ineligible institution in an academic year in which the institution is ineligible. (iii) Provide initial and renewal Cal Grant recipients seeking to attend, or attending, an institution that is ineligible for initial and renewal Cal Grant awards at the institution under subparagraph (C) or (F) with a complete list of all California postsecondary educational institutions at which the student would be eligible to receive an unreduced Cal Grant award. (iv) (I) Establish an appeal process for an otherwise qualifying institution that fails to satisfy the three-year cohort default rate and graduation rate requirements in subparagraphs (C) and (F), respectively. (II) The commission may grant an appeal for an academic year only if the commission has determined the institution has a cohort size of 20 individuals or less and the cohort is not representative of the overall institutional performance. (4) By the start of the 2024–25 academic year, the institution shall develop and implement policies defining “satisfactory academic progress” in a manner that is consistent with the federal standards published in Title 34 of the Code of Federal Regulations. The institution shall also comply with all of the following requirements: (A) Set the standards for grade point average and pace of completion at the minimum federal standards as determined by Section 668.34(a) of Title 34 of the Code of Federal Regulations. (B) Provide information to students about the institution’s “satisfactory academic progress” standards and financial aid appeals process during new student orientation and include student-friendly language on the institution’s internet website and financial aid award letters regarding the standards and appeals process. The institution shall request its faculty to include student-friendly language on course syllabi regarding the standards and appeals process. (C) Notify a student when the student has not achieved the “satisfactory academic progress” standards following every term of enrollment, regardless of the frequency at which “satisfactory academic progress” is formally evaluated. This subparagraph does not preclude an institution from conducting the formal evaluation annually. (D) Evaluate whether a student satisfies the grade point average and pace of completion standards set forth in subparagraph (A) based on cumulative measures. An institution shall not require a student to satisfy the minimum grade point average and pace of completion standards for each individual term. This paragraph does not preclude an institution from requiring a student on “financial aid probation” as defined by Section 668.34(b) of Title 34 of the Code of Federal Regulations to comply with the terms of the student’s academic plan in order to maintain financial aid eligibility. (E) Exclude remedial coursework from maximum timeframe calculations if the institution offers remedial coursework. (F) Allow a student who fulfills the terms and conditions of the student’s academic plan to remain on “financial aid probation” as defined by Section 668.34(b) of Title 34 of the Code of Federal Regulations, including continuing to receive financial aid for any term for which the student fulfills the terms and conditions of the student’s academic plan. (G) In the case of a “satisfactory academic progress” determination for a transfer student, when calculating maximum timeframe as defined by Section 668.34(b) of Title 34 of the Code of Federal Regulations, only include those credits from other institutions that count towards the student’s current program of study. (H) Accept both electronic and hard copy financial aid appeals for any student who is ineligible to receive financial aid due to the determination that the student did not meet “satisfactory academic progress,” as defined by the institution where the student is enrolled, subject to all of the following: (i) A student who loses financial aid eligibility may appeal the determination during any subsequent term following loss of financial aid eligibility. The institution shall not limit the total number of appeals that may be submitted by a student throughout the duration of the student’s enrollment. The institution may limit the number of appeals per term, but each appeal that is denied shall be subject to the second review process pursuant to clause (vi). The institution shall not impose deadlines for submitting an appeal that are earlier than three weeks before the end of each term. (ii) A student who previously disenrolled while being ineligible to receive financial aid may appeal the loss of financial aid upon reenrollment, and the timing for consideration of the appeal shall allow the student, if the student meets the criteria for financial aid reinstatement, to qualify for reinstatement upon the first term of reenrollment. (iii) The institution shall provide a student who is ineligible to receive financial aid with written notice of the financial aid appeals process, including the process for a student to file an appeal, information about the second review process for an appeal that is denied as described in clause (vi), and how a student may request a second review. (iv) In reviewing a student’s appeal, the institution may consider any additional special circumstances that the institution deems appropriate, and shall consider a broad range of special circumstances, including, but not limited to, any of the following: (I) Death of a relative or other significant person. (II) Injury or illness, including, but not limited to, behavioral health conditions, of the student or a relative or other significant person. (III) Pregnancy or birth of a child. (IV) Homelessness. (V) Loss of childcare. (VI) Loss or change in employment. (VII) Loss of access to personal or public transportation. (VIII) Being a victim of a serious crime, including, but not limited to, domestic abuse, even if the crime was not reported or did not result in criminal prosecution or civil liability. (IX) Natural disaster. (X) Change of major. (v) The institution shall review a student’s appeal and notify the student of the appeal decision within 45 days of submission of a complete appeal. The institution shall not disenroll a student for nonpayment of tuition and fees while the student’s appeal is pending. (vi) The institution shall provide a second review process for an appeal that is denied if requested by the student. The second review shall be conducted by a reviewer who did not participate in the first review. (vii) The institution shall waive any requirement for third-party written documentation of the special circumstances forming the basis of an appeal if that documentation cannot be reasonably obtained by the student and the student signs a statement attesting to the veracity of the special circumstances presented as the grounds for appeal. (viii) This subparagraph shall not be interpreted to require institutions to provide retroactive financial aid for a term preceding the term in which a student reenrolls. (m) “Satisfactory academic progress” means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 9, Sec. 4. (AB 123) Effective June 27, 2025. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69432.8. Source version: id_fda30fdc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. The commission may determine that an advance payment is essential to ensure that funds provided pursuant to this chapter to assist students to enroll in postsecondary education are available at the time students enroll. Upon making that determination, the commission may, on the basis of institutional academic calendars, advance, per term to authorized postsecondary educational institutions, the funds for eligible students who have indicated they will attend those institutions, less an amount based on historical claim enrollment attrition information. Each institution shall disburse the funds in accordance with the provisions set forth in the institutional agreement between the commission and the institution. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69432.9. Source version: id_c113ef5d-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to Section 69433 and applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant. (b) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal financial need methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (1) “Expected family contribution,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission. (2) “Financial need” means the difference between the student’s cost of attendance as determined by the commission and the expected family contribution. The calculation of financial need shall be consistent with Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (3) (A) The minimum financial need required for receipt of an initial and renewal Cal Grant A or C award shall be no less than the maximum annual award value for the applicable institution, plus an additional one thousand five hundred dollars ($1,500) of financial need. (B) The minimum financial need required for receipt of an initial and renewal Cal Grant B award shall be no less than seven hundred dollars ($700). (4) Notwithstanding paragraphs (2) and (3), for the 2020–21 and 2021–22 award years, a student with an initial or renewal Cal Grant A award impacted by a change in the student’s living status, from living on-campus to living off-campus or from living on-campus to living at home, due to the COVID-19 pandemic, shall have the student’s eligibility for the initial or renewal Cal Grant A award calculated based on what it would have been had the change in the student’s living status due to the COVID-19 pandemic not occurred. (c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant A and B applicants, except for those permitted to provide test scores in lieu of a grade point average or as provided in subclause (II) of clause (iii) of subparagraph (B) of paragraph (2). (2) (A) Upon implementation of transcript-informed accounts for pupils in grades 9 to 12, inclusive, on the CaliforniaColleges.edu platform, the commission shall require that any grade point average data required for eligibility for student financial aid programs be submitted by local educational agencies through the California College Guidance Initiative established by Section 60900.5. (B) (i) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, no later than October 1 of each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if the pupil is 18 years of age, to submit the pupil’s social security number to the commission. (ii) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee. (iii) (I) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average. (II) Notwithstanding subclause (I), for the 2021–22 award year, commission staff may waive the requirement to submit a test score in lieu of a qualifying grade point average for a student who does not have a grade point average and is unable to submit a test score due to unavailability of designated testing due to the COVID-19 pandemic. The commission shall require a student seeking a waiver under this subclause to submit a signed certification verifying they were prevented from taking and submitting a test score in lieu of a qualifying grade point average due to the COVID-19 pandemic. For purposes of consideration for a Cal Grant A or B Entitlement award when applying with a waiver under this subclause for the 2021–22 award year, students shall have until May 16, 2021, to complete and submit their financial aid application and signed certification verifying they were prevented from taking and submitting a test score in lieu of a qualifying grade point average. (iv) The requirements of this subparagraph shall become inoperative upon the submission by the commission of any required grade point average through the Cradle-to-Career Data System pursuant to subparagraph (A). (3) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter. (4) (A) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act application. (B) The requirements of this paragraph shall become inoperative upon the submission by the local educational agency of any required grade point average through the Cradle-to-Career Data System pursuant to subparagraph (A) of paragraph (2). (d) (1) The school district or charter school shall, no later than January 1 of a pupil’s grade 11 academic year, notify, in writing, each grade 11 pupil and, for a pupil under 18 years of age, the pupil’s parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission and the submission deadline of October 1. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant. (2) Until a pupil turns 18 years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt the pupil out and, if before the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out. (Amended by Stats. 2024, Ch. 38, Sec. 91. (SB 153) Effective June 29, 2024. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69432.92. Source version: id_d615184a-ca36-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) The commission may require verification of high school graduation or its equivalent to be electronically submitted for all former grade 12 pupils who graduated from public schools, including charter schools, in the prior academic year, except for pupils who have opted out as provided in subdivision (d) of Section 69432.9. (b) If the commission requires verification of high school graduation or its equivalent pursuant to subdivision (a), the commission shall provide guidance to high schools or high school districts to ensure that high schools and high school districts verify the graduation of their pupils as soon as possible upon a pupil’s graduation and no later than August 31 of the academic year following the pupils’ graduation. This subdivision also applies to pupils who graduate during the summer following the grade 12 academic year. (Amended by Stats. 2016, Ch. 351, Sec. 1. (AB 2056) Effective January 1, 2017. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69432.95. Source version: id_1fb36bf7-fcc1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) For purposes of this section, “qualifying institution” has the same meaning as in Section 69432.7. (b) For the purposes of subdivision (c) “Cal Grant” means all Cal Grant awards except the Cal Grant C award. (c) Upon the initial award and renewal of a Cal Grant award, the commission shall notify the award recipient in writing, which may include electronic mail, of both of the following: (1) A Cal Grant award is limited to four academic years, except as provided in subdivision (c) of Section 69433.6. (2) A student needs to take 15 units per semester or the equivalent quarter units, or 30 semester units or the equivalent quarter units per academic year, in order to graduate within four years. (d) During the orientation of a new student, a qualifying institution shall notify the student in writing of the information described in paragraphs (1) and (2) of subdivision (c). (e) Upon annual registration by a student receiving state financial aid, the financial aid office of a qualifying institution shall notify that student in writing of the information described in paragraphs (1) and (2) of subdivision (c). (f) During online registration by a student for fewer than 15 semester units or the equivalent quarter units, the information contained in paragraphs (1) and (2) of subdivision (c) must be provided to the student with a box for the student to check acknowledging receipt of the provided information. (Added by Stats. 2018, Ch. 758, Sec. 1. (AB 2248) Effective January 1, 2019. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69433. Source version: id_fda49680-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) (1) A Cal Grant Program award shall be based upon the financial need of the applicant, and shall not exceed the calculated financial need for any individual applicant. The minimum level of financial need of each applicant shall be determined by the commission pursuant to Section 69432.9. The commission may provide renewal awards. (2) A student attending a nonpublic institution shall receive a renewal award for tuition or fees, or both, in an amount not to exceed the maximum allowable award amount that was in effect in the year in which the student first received a new award. (b) A Cal Grant award authorized pursuant to this chapter shall be defined as a full-time equivalent grant. An award to a part-time student shall be a fraction of a full-time grant, as determined by the commission. (c) (1) The commission shall prescribe the use of standardized student financial aid applications for California. These applications shall be simple in nature, and collect common data elements required by the federal government and those elements needed to meet the objectives of state-funded and institutional financial aid programs. (2) The applications prescribed in paragraph (1) shall be utilized for the Cal Grant Program, all other programs funded by the state or a public institution of postsecondary education (except for the Financial Assistance Program of the Board of Governors of the California Community Colleges authorized by Chapter 1118 of the Statutes of 1987, for which a simplified application designed for that sole purpose may be used), and all federal programs administered by a public postsecondary education institution. (3) Supplemental application information may be utilized if the information is essential to accomplishing the objectives of individual programs. All supplemental application information used for the purposes of commission-administered programs shall be subject to approval by the commission, and applications shall be identical for programs with similar objectives, as determined by the commission. (4) Public postsecondary institutions are encouraged to use, but may decide whether to use, the standard applications for funds provided by private donors. (5) The Legislature finds and declares that it is in the best interest of students that all postsecondary education institutions in California participating in federal and state-funded financial aid programs accept the standard applications prescribed by the commission. (d) Nothing in this chapter shall prevent an individual public postsecondary institution from processing, with its own staff and fiscal resources, the standard financial aid applications specified in subdivision (c) for student aid programs for which it has legal responsibility. (e) The commission may enter into contracts with a public agency or a private entity to improve the processing and distribution of grants, fellowships, and loans through the use of electronic networks and unified data bases. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69433.2. Source version: id_315c08a8-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) As a condition for its voluntary participation in the Cal Grant Program, each Cal Grant participating institution, or the systemwide central office of the public postsecondary educational institution acting on behalf of the participating institution, shall, on or before March 31, 2026, and on or before March 31 of each year thereafter, annually report to the commission, and as further specified in the institutional participation agreement, both of the following for its undergraduate programs in order for the commission to meet the requirements of subdivision (b): (1) (A) Enrollment, persistence, and graduation data for all students, disaggregated by gender, ethnicity, Pell Grant status, first generation status, transfer status, student parent status, foster youth status, and eligibility used of state financial aid received, including Cal Grant A, Cal Grant B, Cal Grant C, Cal Grant Access Awards, and Middle Class Scholarship, to the extent data is available. Data shall be redacted when the number of students is insufficient to ensure student privacy under the federal Family Educational Rights and Privacy Act (Public Law 93-280, as amended). (B) To the extent feasible, Cal Grant participating institutions or the systemwide central office of the public postsecondary educational institution acting on behalf of the participating institution, may satisfy the reporting requirements of subparagraph (A) by submitting that data to the Cradle-to-Career Data System, and subsequently having the Cradle-to-Career Data System share the aggregated data with the commission, subject to privacy protection protocols that prevent redisclosure of individuals pursuant to clause (ii) of subparagraph (C) of paragraph (3) of subdivision (b) of Section 10867. (2) The job placement rate and salary and wage information for each program that is either designed or advertised to lead to a particular type of job or advertised or promoted with a claim regarding job placement. (b) The commission shall post both of the following on its internet website on or before August 1, 2026, and on or before August 1 of each year thereafter: (1) The information submitted by a Cal Grant participating institution pursuant to subdivision (a), which shall be made available in a searchable database. (2) Other information and links that are useful to students and parents who are in the process of selecting a college or university. This information may include, but not be limited to, local occupational profiles available through the Employment Development Department’s Labor Market Information Data Library. (c) Data reported to the commission pursuant to subdivision (a) by postsecondary educational institutions shall be reported in a manner that complies with applicable federal and state laws to protect individual privacy, as determined by the postsecondary educational institution. The applicable federal and state laws to protect individual privacy shall include, but are not limited to, all of the following: (1) The federal Family Education Rights and Privacy Act of 1974 (Public Law 93-280, as amended). (2) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (3) The federal Privacy Act of 1974 (Public Law 93-579, as amended). (4) The information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (d) Data reported to the commission pursuant to subdivision (a) by the Cradle-to Career Data System shall be reported in a manner that complies with federal and state privacy laws applicable to the system, as described in Section 10860. (Amended by Stats. 2025, Ch. 9, Sec. 5. (AB 123) Effective June 27, 2025. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69433.5. Source version: id_57b5fd67-c7b8-11e1-9b8e-ad830c120cac Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) Only a resident of California, as determined by the commission pursuant to Part 41 (commencing with Section 68000), is eligible for an initial Cal Grant award. The recipient shall remain eligible for award renewal only if he or she is a California resident, in attendance, and making satisfactory academic progress at a qualifying institution, as determined by the commission. (b) A part-time student shall not be discriminated against in the selection of Cal Grant Program award recipients, and an award to a part-time student shall be approximately proportional to the time the student spends in the instructional program, as determined by the commission. A first-time Cal Grant Program award recipient who is a part-time student shall be eligible for a full-time renewal award if he or she becomes a full-time student. (c) Cal Grant Program awards shall be awarded without regard to race, religion, creed, sex, sexual orientation, gender identity, gender expression, or age. (d) An applicant shall not receive more than one type of Cal Grant Program award concurrently. An applicant shall not: (1) Receive one or a combination of Cal Grant Program awards in excess of the amount equivalent to the award level for a total of four years of full-time attendance in an undergraduate program, except as provided in Section 69433.6. (2) Have obtained a baccalaureate degree before receiving a Cal Grant Program award. (e) A Cal Grant Program award, except as provided in Section 69440, may only be used for educational expenses of a program of study leading directly to an undergraduate degree or certificate, or for expenses of undergraduate coursework in a program of study leading directly to a first professional degree, but for which no baccalaureate degree is awarded. (f) The commission shall, for students who accelerate college attendance, increase the amount of award proportional to the period of additional attendance resulting from attendance in classes that fulfill requirements or electives for graduation during summer terms, sessions, or quarters. In the aggregate, the total amount a student may receive in a four-year period may not be increased as a result of accelerating his or her progress to a degree by attending summer terms, sessions, or quarters. (g) The commission shall notify Cal Grant award recipients of the availability of funding for the summer term, session, or quarter through prominent notice in financial aid award letters, materials, guides, electronic information, and other means that may include, but not necessarily be limited to, surveys, newspaper articles, or attachments to communications from the commission and any other published documents. (h) The commission may require, by the adoption of rules and regulations, the production of reports, accounting, documents, or other necessary statements from the award recipient and the college or university of attendance pertaining to the use or application of the award. (i) A Cal Grant Program award may be utilized only at a qualifying institution. (j) A recipient who initially qualified for both a Cal Grant A award and a Cal Grant B award, and received a Cal Grant B award, may be awarded a renewal Cal Grant A award if that recipient subsequently became ineligible for a renewal Cal Grant B award and meets the applicable Cal Grant A financial need and income and asset criteria. (Amended by Stats. 2012, Ch. 38, Sec. 62. (SB 1016) Effective June 27, 2012. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69433.6. Source version: id_13c4d47e-8185-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) Except as otherwise provided in this section, Cal Grant A awards and Cal Grant B awards may be renewed for a total of the equivalent of four years of full-time attendance in an undergraduate program, provided that minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. Commencing with the 2001–02 academic year, the total number of years of eligibility for grants pursuant to this section shall be based on the student’s educational level in his or her course of study as designated by the institution of attendance when the recipient initially receives payment for a grant. (b) (1) Commencing with the 2014–15 academic year, a recipient who was determined to be ineligible for a renewal award in the 2012–13 or 2013–14 academic year because he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. (2) Commencing with the 2015–16 academic year, a recipient who is determined to be ineligible for a renewal award because, during the immediately preceding academic year, he or she exceeded the maximum household income or asset level established by subdivision (k) of Section 69432.7, or failed to meet the minimum need threshold established by paragraph (3) of subdivision (b) of Section 69432.9, shall be eligible to receive a renewal award if the recipient meets all program eligibility requirements for the program from which he or she was previously disqualified and the recipient has remaining renewal award eligibility. For purposes of determining a student’s remaining renewal award eligibility, an academic year during which a student was ineligible shall reduce his or her renewal award eligibility by one full-time equivalent year. (c) For a student enrolled in an institutionally prescribed five-year undergraduate program, Cal Grant A awards and Cal Grant B awards may be renewed for a total of five years of full-time attendance, provided that minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. (d) (1) A Cal Grant Program award recipient who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the California Commission on Teacher Credentialing is eligible for, but not entitled to, renewal of a Cal Grant Program award for an additional year of full-time attendance, if minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. (2) Payment for an additional year is limited to only those courses required for an initial teaching authorization. An award made under this subdivision may not be used for other courses. (3) A student’s Cal Grant Program renewal eligibility shall not have lapsed more than 15 months before the payment of an award for purposes of this subdivision. (e) (1) For a current or former foster youth, Cal Grant B awards may be renewed for a total of the equivalent of eight years of full-time attendance in an undergraduate program, provided that minimum financial need, as defined in paragraph (3) of subdivision (b) of Section 69432.9, continues to exist. (2) For purposes of this subdivision, “current or former foster youth” means a person whose dependency was established or continued by the court on or after the date on which the person reached 13 years of age. (Amended by Stats. 2018, Ch. 33, Sec. 12. (AB 1809) Effective June 27, 2018. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69433.7. Source version: id_fda61d28-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. The commission shall adopt regulations necessary to implement this chapter. Notwithstanding any other provision of law, the commission may adopt emergency regulations pursuant to Section 11346.1 of the Government Code in order to ensure that the program enacted by this chapter may function in its first academic year. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69433.8. Source version: id_fda61d2a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. An award under this chapter does not guarantee admission to an institution of higher education or admission to a specific campus or program. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 1. General Provisions [69430 - 69433.9] SECTION 69433.9. Source version: id_ae9a82fa-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=1. (a) To be eligible to receive a Cal Grant award pursuant to this chapter, a student shall be all of the following: (1) A citizen of the United States, or an eligible noncitizen, as defined for purposes of financial aid programs under Title IV of the federal Higher Education Act of 1965 (20 U.S.C. Sec. 1070 et seq., as from time to time amended). (2) Not incarcerated. (3) Not in default on any student loan within the meaning of Section 69507.5. (4) (A) For purposes of Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), and Article 4 (commencing with Section 69436), except as provided in subdivision (d) of Section 69436, at the time of high school graduation or its equivalent, be a resident of California. (B) A student who does not meet the requirements for a high school diploma or its equivalent in the academic year immediately preceding the award year, but who meets the requirements for a high school diploma or its equivalent by December 31 of the academic year immediately following the date of application, satisfies any requirement for obtaining high school graduation or its equivalent for the purposes of this chapter as of the first day of the academic term immediately following the term in which the requirements for the high school diploma or its equivalent are met. (C) No student shall receive an award for a term that begins before satisfying any requirement for obtaining high school graduation or its equivalent. (b) Notwithstanding subdivision (a), a student shall be eligible to receive a Cal Grant award pursuant to this chapter if the student satisfies the requirements of paragraphs (1) to (3), inclusive, of subdivision (a) and the student is a dependent natural or adopted child, stepchild, or spouse of a member of the Armed Forces of the United States stationed outside of California on active duty, if the member of the Armed Forces of the United States otherwise maintains California as their state of legal residence. (Amended by Stats. 2025, Ch. 648, Sec. 2. (SB 67) Effective January 1, 2026. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 10. Awards for Foster Youth and Former Foster Youth [69470- 69470.] SECTION 69470. Source version: id_6b889b63-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=10. (a) Commencing with the 2022–23 academic year, the commission shall identify all foster youth and former foster youth, as defined in subdivision (b) of Section 66025.9, who meet both of the following qualifying criteria for the award year: (1) The student will receive either a new or renewal Cal Grant A, B, or C award. (2) The student will attend a University of California campus, California State University campus, California Community College campus, or an independent institution of higher education, as defined in Section 66010. (b) Individuals identified by the commission as meeting qualifying criteria pursuant to subdivision (a) and who are receiving a Cal Grant A award or Cal Grant B award shall receive a total annual access award not to exceed six thousand dollars ($6,000). This amount may be adjusted in the annual Budget Act. (c) Individuals identified by the commission as meeting qualifying criteria pursuant to subdivision (a) and who are receiving a Cal Grant C award shall receive a total annual book and supply award not to exceed four thousand dollars ($4,000). This amount may be adjusted in the annual Budget Act. Consistent with subdivision (e) of Section 69439, awards issued pursuant to this subdivision may be used for living expenses, institutional fees, charges, and other costs, including tuition and training-related costs, such as special clothing, local transportation, and required tools, equipment, supplies, technology, and books. (d) Notwithstanding any other law, expenses paid with access awards granted pursuant to subdivision (b) and book and supply awards granted pursuant to subdivision (c) shall be considered allowable educational expenses and shall not be considered for purposes of determining eligibility for state public assistance programs. (e) Notwithstanding any other law, an award provided pursuant to this article shall be excluded from the calculation of the maximum annual award value for purposes of subparagraph (A) of paragraph (3) of subdivision (b) of Section 69432.9. (f) The usage of awards provided pursuant to this article shall be consistent with existing statutes and regulations governing eligible expenditures. (g) Notwithstanding subdivisions (b) and (c), both of the following shall apply for purposes of this article: (1) The amount appropriated in the annual Budget Act, and any other appropriation for purposes of this article, shall not exceed forty million dollars ($40,000,000). (2) The commission shall annually determine if the amount appropriated for each fiscal year is sufficient to cover the cumulative cost of the funding projected to be awarded for the fiscal year pursuant to this article. If the commission determines that the amount appropriated is not sufficient to meet the funding projection for a fiscal year, the commission shall reduce awards proportionately by an equal percentage for all new recipients under this article for that fiscal year. (Amended by Stats. 2022, Ch. 54, Sec. 16. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 11. Suspension of Chapter Operation [69475- 69475.] SECTION 69475. Source version: id_e6c83b19-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=11. This chapter, except for Article 5.5 (commencing with Section 69438), Article 9 (commencing with Section 69465), and Article 10 (commencing with Section 69470), shall become inoperative on July 1, 2024, and as of January 1 of the year following that inoperative date, is repealed, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if funding is provided in the annual Budget Act to implement the Cal Grant Reform Act pursuant to Chapter 1.5 (commencing with Section 69405) of this part. (Added by Stats. 2022, Ch. 54, Sec. 17. (AB 183) Effective June 30, 2022. Conditionally operative as prescribed by Stats. 2022, Ch. 54, Sec. 65. Conditionally repealed as prescribed by its own provisions. Note: Repeal would affect Chapter 1.7 (commencing with Section 69430) except Articles 5.5, 9, and 10; Section 69431.7 contains its own repeal provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 2. Cal Grant A Entitlement Program [69434 - 69434.5] SECTION 69434. Source version: id_6161467d-f6cf-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=2. (a) A Cal Grant A award shall be used only for tuition or student fees, or both, in a for-credit instructional program with a length of not less than two academic years. Each student who meets the Cal Grant A qualifications as set forth in this article shall be guaranteed an award. The amount of any individual award is dependent on the cost of tuition or fees, or both, at the qualifying institution at which the student is enrolled. For each applicant, the award amount shall not exceed the amount of the calculated financial need. (b) Pursuant to Section 66021.2, any California resident is entitled to a Cal Grant A award, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall allocate that award, if all of the following criteria are met: (1) The student has submitted, pursuant to Section 69432.9, a complete financial aid application, submitted or postmarked no later than March 2 of the academic year of high school graduation or its equivalent for the award year immediately following the academic year of high school graduation or its equivalent, or no later than March 2 of the academic year following high school graduation or its equivalent for the second award year following the year of high school graduation or its equivalent. (2) The student demonstrates financial need pursuant to Section 69433. (3) The student attains a high school grade point average of at least 3.0 on a four-point scale. (4) The student’s household has an income and asset level that does not exceed the level for Cal Grant A recipients set forth in Section 69432.7. (5) The student is pursuing an undergraduate academic program of not less than two academic years that is offered by a qualifying institution. (6) The student is enrolled at least part time. (7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). (8) The student graduated from high school or its equivalent during or after the 2000–01 academic year. (c) (1) A student who meets the Cal Grant A Entitlement Program criteria specified in this article shall receive a Cal Grant A award for tuition or fees, or both, pursuant to Section 66021.2. (2) A community college student participating in a baccalaureate degree program pursuant to Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7 who meets the Cal Grant A Entitlement Program criteria specified in this article shall receive a Cal Grant A award for upper division coursework fees pursuant to Section 66021.2. (d) Students receiving a Cal Grant A award pursuant to this article who meet the qualifying criteria pursuant to subdivision (b) of Section 69465 shall also receive an access award pursuant to Article 9 (commencing with Section 69465). (e) Students receiving a Cal Grant A award pursuant to this article who are not receiving an access award pursuant to subdivision (d) and meet the qualifying criteria pursuant to subdivision (a) of Section 69470 shall also receive an access award pursuant to Article 10 (commencing with Section 69470). (Amended by Stats. 2021, Ch. 144, Sec. 21. (AB 132) Effective July 27, 2021. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 2. Cal Grant A Entitlement Program [69434 - 69434.5] SECTION 69434.5. Source version: id_68a0e58f-f6cf-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=2. (a) An individual selected for a Cal Grant A award who enrolls in a California community college may elect to have the award held in reserve for a period not to exceed two academic years, except that the commission may extend the period in which the individual’s award may be held in reserve for up to three academic years if, in the commission’s judgment, the rate of academic progress has been as rapid as could be expected for the personal and financial conditions that the student has encountered. The commission shall, in this case, hold the award in reserve for the additional year. Upon receipt of a request to transfer the award to a tuition or fee-charging qualifying institution, the individual shall be eligible to receive the Cal Grant A award previously held in reserve if, at the time of the request, the individual meets all of the requirements of this article. Upon receipt of the request, the commission shall reassess the financial need of the award recipient. The commission may prescribe the forms and procedures to be used for the purposes of this section. A recipient’s years of eligibility for payment of benefits shall be based upon the recipient’s grade level at the time the award is transferred to the tuition or fee-charging qualifying institution. (b) (1) Individuals who are selected for a Cal Grant A award that is held in reserve pursuant to this section and who meet the qualifying criteria pursuant to subdivision (b) of Section 69465, or who meet the qualifying criteria pursuant to subdivision (a) of Section 69470, shall receive an award for access costs pursuant to Article 9 (commencing with Section 69465) or Article 10 (commencing with Section 69470), as applicable. (2) The access award referenced in paragraph (1) shall be provided annually to a qualifying individual during the period of time that the individual’s Cal Grant A award is held in reserve and upon transfer to a tuition or fee-charging qualifying institution, provided that the individual continues to meet the qualifying criteria pursuant to subdivision (b) of Section 69465, or meet the qualifying criteria pursuant to subdivision (a) of Section 69470, as applicable. (Amended by Stats. 2021, Ch. 144, Sec. 22. (AB 132) Effective July 27, 2021. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 3. Cal Grant B Entitlement Program [69435 - 69435.3] SECTION 69435. Source version: id_6ff08931-f6cf-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=3. (a) (1) A Cal Grant B award shall be used only for tuition, student fees, and access costs in a for-credit instructional program that is not less than one academic year in length. (2) The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award access grants in a student’s first academic year. In subsequent years, the award shall include an additional amount to pay tuition or fees, or both, to attend college at a public or private four-year college or university or other qualifying institution for all Cal Grant B awards pursuant to paragraph (2) of subdivision (b) of Section 66021.2. In no event shall the total award in any year exceed the applicant’s calculated financial need. (3) Not more than 2 percent of new Cal Grant B recipients enrolling for the first time in an institution of postsecondary education shall be eligible for payments for tuition or fees, or both, in their first academic year of attendance. The commission shall adopt regulations specifying the criteria used to determine which applicants, if any, receive both tuition and fees plus the access grant in the first year of enrollment. Priority shall be given to students with the lowest expected family contribution pursuant to Section 69432.7 and the highest level of academic merit. (b) An award for access costs under this article shall be in an annual amount not to exceed one thousand five hundred fifty-one dollars ($1,551) or, if the recipient meets the qualifying criteria pursuant to subdivision (b) of Section 69465, the amount of the award provided pursuant to Article 9 (commencing with Section 69465), or if the recipient meets the qualifying criteria pursuant to subdivision (a) of Section 69470, the amount of the award provided pursuant to Article 10 (commencing with Section 69470). These amounts may be adjusted in the annual Budget Act. (Amended by Stats. 2021, Ch. 144, Sec. 23. (AB 132) Effective July 27, 2021. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 3. Cal Grant B Entitlement Program [69435 - 69435.3] SECTION 69435.3. Source version: id_2c606bd0-8185-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=3. (a) Any California resident is entitled to receive a Cal Grant B award, and the commission shall allocate that award pursuant to Section 66021.2, if all of the following criteria are met: (1) (A) The student has submitted, pursuant to Section 69432.9, a complete financial aid application, submitted or postmarked no later than March 2 of the academic year of high school graduation or its equivalent for the award year immediately following the academic year of high school graduation or its equivalent, no later than March 2 of the academic year following high school graduation or its equivalent for the second award year following the year of high school graduation or its equivalent, or, if applicable to the student, pursuant to the following dates: (i) No later than March 2 of the academic year immediately prior to the year for which funds would be applied, if the student is a current or former foster youth, is attending a qualifying institution that offers baccalaureate degrees, and has not yet reached 26 years of age as of July 1 of the initial award year. (ii) No later than September 2 of the academic year for which funds would be applied, if the student is a current or former foster youth, is attending a California community college, and has not yet reached 26 years of age as of July 1 of the initial award year. (B) For purposes of this section, “current or former foster youth” has the same meaning as specified in paragraph (2) of subdivision (e) of Section 69433.6. (2) The student demonstrates financial need pursuant to Section 69433. (3) The student attains a high school grade point average of at least 2.0 on a four-point scale. (4) The student’s household has an income and asset level that does not exceed the level for Cal Grant B recipients as set forth in Section 69432.7. (5) The student is pursuing an undergraduate academic program of not less than one academic year that is offered by a qualifying institution. (6) The student is enrolled at least part time. (7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). (8) The student graduated from high school or its equivalent during or after the 2000–01 academic year. (b) A student, including a community college student participating in upper division coursework in a baccalaureate degree program pursuant to Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, who meets the Cal Grant B Entitlement Program or Competitive Program criteria specified in this article shall receive a Cal Grant B award for access costs and tuition and fees, as applicable, pursuant to Section 66021.2. (Amended by Stats. 2018, Ch. 33, Sec. 13. (AB 1809) Effective June 27, 2018. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 3.5. California Community College Expanded Entitlement Program [69435.5- 69435.5.] SECTION 69435.5. Source version: id_5b17ed7b-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=3.5. (a) Commencing with the 2021–22 academic year, a student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of the student’s high school graduation but will be enrolled at a California community college during the award year and meets all of the criteria set forth in subdivision (b) shall be entitled to a Cal Grant A or B award. (b) (1) To receive a Cal Grant A award under this article, an applicant shall be enrolled at a California community college during the award year and meet all of the requirements of Article 2 (commencing with Section 69434), with the exception of paragraphs (1) and (8) of subdivision (b) of Section 69434. However, in lieu of meeting the grade point average requirement set forth in paragraph (3) of subdivision (b) of Section 69434, an applicant may submit a community college or college grade point average of at least 2.4 on a 4.0 scale. (2) To receive a Cal Grant B award under this article, an applicant shall be enrolled at a California community college during the award year and meet all of the requirements of Article 3 (commencing with Section 69435), with the exception of paragraphs (1) and (8) of subdivision (a) of Section 69435.3. However, in lieu of meeting the grade point average requirements of paragraph (3) of subdivision (a) of Section 69435.3, a student may do either of the following: (A) Demonstrate attainment of a community college or college grade point average of at least 2.0 on a 4.0 scale. (B) Reestablish the student’s grade point average by completing at least 16 cumulative units of credit for academic coursework at an accredited California community college, as defined by the commission, by regulation, with at least a 2.0 community college grade point average. (c) (1) The commission shall use the standardized student financial aid application described in Section 69432.9. (2) An official financial aid application shall be submitted pursuant to Section 69432.9 and submitted or postmarked no later than September 2 of the academic year for which funds would be applied. (d) Cal Grant A and B awards shall be used only for the purposes set forth in Article 2 (commencing with Section 69434) and Article 3 (commencing with Section 69435), respectively. (e) (1) A student who receives an award under this article may subsequently transfer to a University of California or California State University campus and remain eligible to receive the award, if the student meets all other requirements of this article and the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). (2) A student who receives an award under this article and subsequently transfers to an independent institution of higher education or a private for-profit postsecondary educational institution shall not remain eligible to receive an award under this article. The student shall remain eligible to apply for a California Community College Transfer Entitlement Award under Article 4 (commencing with Section 69436) or a Competitive Cal Grant A or B award under Article 5 (commencing with Section 69437), if the student meets all requirements of the relevant article and the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). (f) (1) An individual selected for a Cal Grant A award who enrolls in a California community college may elect to have the award held in reserve for a period not to exceed two academic years, except that the commission may extend the period in which the individual’s award may be held in reserve for up to three academic years if, in the commission’s judgment, the rate of academic progress has been as rapid as could be expected for the personal and financial conditions that the student has encountered. The commission shall, in this case, hold the award in reserve for the additional year. Upon receipt of a request to transfer the award to a University of California or California State University campus, the individual shall be eligible to receive the Cal Grant A award previously held in reserve if, at the time of the request, the individual meets all of the requirements of this article. Upon receipt of the request, the commission shall reassess the financial need of the award recipient. The commission may prescribe the forms and procedures to be used for purposes of this section. A recipient’s years of eligibility for payment of benefits shall be based upon the recipient’s grade level at the time the award is transferred to the tuition or fee-charging qualifying institution. (2) (A) Individuals selected for a Cal Grant A award that is held in reserve pursuant to this subdivision who meet the qualifying criteria pursuant to subdivision (b) of Section 69465 shall receive an award for access costs pursuant to Article 9 (commencing with Section 69465). (B) The access award referenced in subparagraph (A) shall be provided annually to qualifying individuals during the period of time that their Cal Grant A award is held in reserve and upon transfer to a tuition or fee-charging qualifying institution, provided that the individual continues to meet the qualifying criteria pursuant to subdivision (b) of Section 69465. (3) (A) Individuals selected for a Cal Grant A award that is held in reserve pursuant to this subdivision who are not receiving an award for access costs pursuant to paragraph (2) and meet the qualifying criteria pursuant to subdivision (a) of Section 69470 shall receive an award for access costs pursuant to Article 10 (commencing with Section 69470). (B) The access award referenced in subparagraph (A) shall be provided annually to qualifying individuals during the period of time that their Cal Grant A award is held in reserve and upon transfer to a tuition or fee-charging qualifying institution, provided that the individual continues to meet the qualifying criteria pursuant to subdivision (a) of Section 69470. (g) This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if funding is provided in the annual Budget Act for this purpose. (Amended by Stats. 2022, Ch. 54, Sec. 10. (AB 183) Effective June 30, 2022. Conditionally inoperative on July 1, 2024, by its own provisions. Conditionally repealed on January 1, 2025, by its own provisions. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative). See later operative version added by Sec. 11 of Stats. 2022, Ch. 54.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 3.5. California Community College Expanded Entitlement Program [69435.5- 69435.5.] SECTION 69435.5. Source version: id_1f5f3b25-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=3.5. (a) Commencing with the 2021–22 academic year, a student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of the student’s high school graduation but will be enrolled at a California community college during the award year and meets all of the criteria set forth in subdivision (b) shall be entitled to a Cal Grant A or B award. (b) (1) To receive a Cal Grant A award under this article, an applicant shall be enrolled at a California community college during the award year and meet all of the requirements of Article 2 (commencing with Section 69434), with the exception of paragraphs (1) and (8) of subdivision (b) of Section 69434. However, in lieu of meeting the grade point average requirement set forth in paragraph (3) of subdivision (b) of Section 69434, an applicant may submit a community college or college grade point average of at least 2.4 on a 4.0 scale. (2) To receive a Cal Grant B award under this article, an applicant shall be enrolled at a California community college during the award year and meet all of the requirements of Article 3 (commencing with Section 69435), with the exception of paragraphs (1) and (8) of subdivision (a) of Section 69435.3. However, in lieu of meeting the grade point average requirements of paragraph (3) of subdivision (a) of Section 69435.3, a student may do either of the following: (A) Demonstrate attainment of a community college or college grade point average of at least 2.0 on a 4.0 scale. (B) Reestablish the student’s grade point average by completing at least 16 cumulative units of credit for academic coursework at an accredited California community college, as defined by the commission, by regulation, with at least a 2.0 community college grade point average. (c) (1) The commission shall use the standardized student financial aid application described in Section 69432.9. (2) An official financial aid application shall be submitted pursuant to Section 69432.9 and submitted or postmarked no later than September 2 of the academic year for which funds would be applied. (d) Cal Grant A and B awards shall be used only for the purposes set forth in Article 2 (commencing with Section 69434) and Article 3 (commencing with Section 69435), respectively. (e) (1) A student who receives an award under this article may subsequently transfer to a University of California campus, a California State University campus, or an independent institution of higher education, as defined in Section 66010, and remain eligible to receive the award, if the student meets all other requirements of this article and the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). (2) A student who receives an award under this article and subsequently transfers to a private for-profit postsecondary educational institution shall not remain eligible to receive an award under this article. The student shall remain eligible to apply for a California Community College Transfer Entitlement Award under Article 4 (commencing with Section 69436) or a Competitive Cal Grant A or B award under Article 5 (commencing with Section 69437), if the student meets all requirements of the relevant article and the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430).and remain eligible to receive the award, if the student meets all other requirements of this article and the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). (f) (1) An individual selected for a Cal Grant A award who enrolls in a California community college may elect to have the award held in reserve for a period not to exceed two academic years, except that the commission may extend the period in which the individual’s award may be held in reserve for up to three academic years if, in the commission’s judgment, the rate of academic progress has been as rapid as could be expected for the personal and financial conditions that the student has encountered. The commission shall, in this case, hold the award in reserve for the additional year. Upon receipt of a request to transfer the award to an institution at which the individual may remain eligible to receive the award pursuant to subdivision (e), the individual shall be eligible to receive the Cal Grant A award previously held in reserve if, at the time of the request, the individual meets all of the requirements of this article. Upon receipt of the request, the commission shall reassess the financial need of the award recipient. The commission may prescribe the forms and procedures to be used for purposes of this section. A recipient’s years of eligibility for payment of benefits shall be based upon the recipient’s grade level at the time the award is transferred to the tuition or fee-charging qualifying institution. (2) (A) Individuals selected for a Cal Grant A award that is held in reserve pursuant to this subdivision who meet the qualifying criteria pursuant to subdivision (b) of Section 69465 shall receive an award for access costs pursuant to Article 9 (commencing with Section 69465). (B) The access award referenced in subparagraph (A) shall be provided annually to qualifying individuals during the period of time that their Cal Grant A award is held in reserve and upon transfer to a tuition or fee-charging qualifying institution, provided that the individual continues to meet the qualifying criteria pursuant to subdivision (b) of Section 69465. (3) (A) Individuals selected for a Cal Grant A award that is held in reserve pursuant to this subdivision who are not receiving an award for access costs pursuant to paragraph (2) and meet the qualifying criteria pursuant to subdivision (a) of Section 69470 shall receive an award for access costs pursuant to Article 10 (commencing with Section 69470). (B) The access award referenced in subparagraph (A) shall be provided annually to qualifying individuals during the period of time that their Cal Grant A award is held in reserve and upon transfer to a tuition or fee-charging qualifying institution, provided that the individual continues to meet the qualifying criteria pursuant to subdivision (a) of Section 69470. (g) This section shall become operative on July 1, 2024, only if General Fund moneys over the multiyear forecasts beginning in the 2024–25 fiscal year are available to support ongoing augmentations and actions, and if funding is provided in the annual Budget Act for this purpose. (Repealed (in Sec. 10) and added by Stats. 2022, Ch. 54, Sec. 11. (AB 183) Effective June 30, 2022. Conditionally operative July 1, 2024, by its own provisions. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 4. California Community College Transfer Cal Grant Entitlement Program [69436 - 69436.5] SECTION 69436. Source version: id_44943576-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=4. (a) A student who was not awarded a Cal Grant A or B award pursuant to Article 2 (commencing with Section 69434) or Article 3 (commencing with Section 69435) at the time of their high school graduation but, at the time of transfer from a California community college to a qualifying baccalaureate program or upon matriculation into the upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, meets all of the criteria set forth in subdivision (b), shall be entitled to a Cal Grant A or B award. (b) Any California resident transferring from a California community college to a qualifying institution that offers a baccalaureate degree or who matriculates into the upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, is entitled to receive, and the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall award, a Cal Grant A or B award depending on the eligibility determined pursuant to subdivision (c), if all of the following criteria are met: (1) A complete official financial aid application has been submitted or postmarked pursuant to Section 69432.9, no later than the March 2 of the year immediately preceding the award year. (2) The student demonstrates financial need pursuant to Section 69433. (3) The student has earned a community college grade point average of at least 2.4 on a 4.0 scale and is eligible to transfer to a qualifying institution that offers a baccalaureate degree. (4) The student’s household has an income and asset level not exceeding the limits set forth in Section 69432.7. (5) The student is pursuing a baccalaureate degree that is offered by a qualifying institution. (6) The student is enrolled at least part time. (7) The student meets the general Cal Grant eligibility requirements set forth in Article 1 (commencing with Section 69430). (8) (A) Except as provided in subparagraph (B), the student will not be 28 years of age or older by December 31 of the award year. (B) Notwithstanding subparagraph (A), for the 2026–27 award year through the 2030–31 award year, inclusive, the student will not be 30 years of age or older by December 31 of the award year. (9) The student graduated from a California high school or its equivalent during or after the 2000–01 academic year. (10) (A) Except as provided for in subparagraph (B), the student attended a California community college in the academic year immediately preceding the academic year for which the award will be used. (B) A student otherwise eligible to receive an award pursuant to this section, who attended a California community college in the 2011–12 academic year, may use the award for the 2012–13 and 2013–14 academic years. (c) The amount and type of the award pursuant to this article shall be determined as follows: (1) For applicants with income and assets at or under the Cal Grant A limits, the award amount shall be the amount established pursuant to Article 2 (commencing with Section 69434). (2) For applicants with income and assets at or under the Cal Grant B limits, the award amount shall be the amount established pursuant to Article 3 (commencing with Section 69435). (d) (1) A student meeting the requirements of paragraph (9) of subdivision (b) by means of high school graduation, rather than its equivalent, shall be required to have graduated from a California high school, unless that California resident graduated from a high school outside of California due solely to orders received from a branch of the United States Armed Forces by that student or by that student’s parent or guardian that required that student to be outside of California at the time of high school graduation. (2) For the purposes of this article, all of the following are exempt from the requirements of paragraph (4) of subdivision (a) of Section 69433.9 and paragraph (9) of subdivision (b) of this section: (A) A student for whom a claim under this article was paid before December 1, 2005. (B) A student for whom a claim under this article for the 2004–05 award year or the 2005–06 award year was or is paid on or after December 1, 2005, but no later than October 15, 2006. (C) Commencing with the 2017–18 academic year, a student who did not graduate from high school or its equivalent and was a California resident, as determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41, on their 18th birthday. (3) (A) The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall make preliminary awards to all applicants currently eligible for an award under this article. At the time an applicant receives a preliminary award, the commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall require that applicant to affirm, in writing, under penalty of perjury, that they meet the requirements set forth in paragraph (4) of subdivision (a) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. The commission, or a qualifying institution pursuant to Article 8 (commencing with Section 69450), shall notify each person who receives a preliminary award under this paragraph that their award is subject to an audit pursuant to subparagraph (B). (B) The commission shall select, at random, a minimum of 10 percent of the new and renewal awards made under subparagraph (A), and shall require, before the disbursement of Cal Grant funds to the affected postsecondary institution, that the institution verify that the recipient meets the requirements of paragraph (4) of subdivision (a) of Section 69433.9, paragraph (9) of subdivision (b) of this section, and paragraph (1) of this subdivision. An award that is audited under this paragraph and found to be valid shall not be subject to a subsequent audit. (C) Pursuant to Section 69517.5, the commission shall seek repayment of any and all funds found to be improperly disbursed under this article. (D) On or before November 1 of each year, the commission shall submit a report to the Legislature and the Governor, including, but not limited to, both of the following: (i) The number of awards made under this article in the preceding 12 months. (ii) The number of new and renewal awards selected, in the preceding 12 months, for verification under subparagraph (B), and the results of that verification with respect to students at the University of California, at the California State University, at independent nonprofit institutions, and at independent for-profit institutions. (Amended by Stats. 2026, Ch. 79, Sec. 9. (SB 135) Effective July 13, 2026. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 4. California Community College Transfer Cal Grant Entitlement Program [69436 - 69436.5] SECTION 69436.5. Source version: id_fdaab11e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=4. A participating qualifying institution shall report to the commission annually as to the number of students determined to be independent pursuant to subparagraph (E) of paragraph (8) of subdivision (b) of Section 69436 and the reasons therefor. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5. Competitive Cal Grant A and B Awards [69437 - 69437.7] SECTION 69437. Source version: id_772ca5d3-f6cf-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5. (a) Commencing with the 2001–02 academic year, and each academic year thereafter, there shall be established the Competitive Cal Grant A and B award program for students who did not receive a Cal Grant A or B entitlement award pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). Awards made under this section are not entitlements. The submission of an application by a student under this section shall not entitle that student to an award. The selection of students under this article shall be determined pursuant to subdivision (c) and other relevant criteria established by the commission. (b) Commencing with the 2021–22 academic year, a total of 13,000 Cal Grant A and B awards shall be granted annually under this article on a competitive basis for applicants who meet the general eligibility criteria established in Article 1 (commencing with Section 69430) and the priorities established by the commission pursuant to subdivision (c). (1) The awards referenced in this subdivision are available to students who will be enrolled at an institution other than a California community college during the award year and who meet the financial need and academic requirements established pursuant to this article. A student shall apply by the March 2 deadline. (2) If any awards are not distributed pursuant to paragraph (1) upon initial allocation of the awards under this article, the commission shall make awards to as many eligible students as possible, beginning with the students with the lowest expected family contribution and highest academic merit, consistent with the criteria adopted by the commission pursuant to subdivision (c), as practicable without exceeding an annual cumulative total of 13,000 awards. (c) (1) On or before February 1, 2001, acting pursuant to a public hearing process that is consistent with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the commission shall establish selection criteria for Cal Grant A and B awards under the competitive program that give special consideration to disadvantaged students, taking into consideration those financial, educational, cultural, language, home, community, environmental, and other conditions that hamper a student’s access to, and ability to persist in, postsecondary education programs. (2) Additional consideration shall be given to both of the following: (A) Students pursuing Cal Grant B awards who reestablish their grade point averages. (B) Students who did not receive awards pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), or Article 4 (commencing with Section 69436). (d) All other students who meet the eligibility requirements pursuant to Article 1 (commencing with Section 69430) are eligible to compete for an award pursuant to this article. (Amended by Stats. 2021, Ch. 144, Sec. 25. (AB 132) Effective July 27, 2021. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5. Competitive Cal Grant A and B Awards [69437 - 69437.7] SECTION 69437.3. Source version: id_fdac37c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5. (a) The commission shall utilize the standardized student financial aid application described in Section 69432.9. (b) An official financial aid application shall be submitted pursuant to Section 69432.9, submitted or postmarked no later than March 2, or September 2 for students enrolled at a community college. (c) A student shall be enrolled at least part-time. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5. Competitive Cal Grant A and B Awards [69437 - 69437.7] SECTION 69437.5. Source version: id_fdac37c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5. Cal Grant A and B awards shall be used only for the purposes set forth in Article 2 (commencing with Section 69434) and Article 3 (commencing with Section 69435), respectively. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5. Competitive Cal Grant A and B Awards [69437 - 69437.7] SECTION 69437.6. Source version: id_7e708aa5-f6cf-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5. (a) An applicant competing for an award under this article shall meet all the requirements of Article 1 (commencing with Section 69430). (b) To compete for a competitive Cal Grant A award, an applicant shall, at a minimum, meet all of the requirements of Article 2 (commencing with Section 69434), with the exception of paragraphs (1) and (8) of subdivision (b) of Section 69434. However, in lieu of meeting the grade point average requirement set forth in paragraph (3) of subdivision (b) of Section 69434, an applicant may submit a community college or college grade point average of at least 2.4 on a 4.0 scale. (c) To compete for a competitive Cal Grant B award, an applicant shall, at a minimum, meet all of the requirements of Article 3 (commencing with Section 69435), with the exception of paragraphs (1) and (8) of subdivision (a) of Section 69435.3. However, in lieu of meeting the grade point average requirements of paragraph (3) of subdivision (a) of Section 69435.3, a student may do either of the following: (1) Demonstrate attainment of a community college or college grade point average of at least 2.0 on a 4.0 scale. (2) Reestablish the student’s grade point average by completing at least 16 cumulative units of credit for academic coursework at an accredited California community college, as defined by the commission, by regulation, with at least a 2.0 community college grade point average. (d) To compete for a competitive California Community College Transfer Cal Grant Award, an applicant shall, at a minimum, meet the requirements of Article 4 (commencing with Section 69436), with the exception of paragraphs (8) and (9) of subdivision (b) of Section 69436. (e) All other competitors shall, at a minimum, comply with all of the requirements of subdivision (b) of Section 69432.9. (f) (1) An individual selected for a competitive Cal Grant A award who enrolls in a California community college may elect to have the award held in reserve for a period not to exceed two academic years, except that the commission may extend the period in which the individual’s award may be held in reserve for up to three academic years if, in the commission’s judgment, the rate of academic progress has been as rapid as could be expected for the personal and financial conditions that the student has encountered. The commission shall, in this case, hold the award in reserve for the additional year. Upon receipt of a request to transfer the award to a tuition or fee-charging qualifying institution, the individual shall be eligible to receive the Cal Grant A award previously held in reserve if, at the time of the request, the individual meets all of the requirements of this article. Upon receipt of the request, the commission shall reassess the financial need of the award recipient. The commission may prescribe the forms and procedures to be used for the purposes of this section. A recipient’s years of eligibility for payment of benefits shall be based upon the recipient’s grade level at the time the award is transferred to the tuition or fee-charging qualifying institution. Any award so held in reserve shall only be counted once toward the 13,000 awards authorized by this article. (2) (A) Individuals selected for a Cal Grant A award that is held in reserve pursuant to this subdivision who meet the qualifying criteria pursuant to subdivision (b) of Section 69465 shall receive an award for access costs pursuant to Article 9 (commencing with Section 69465). (B) The access award referenced in subparagraph (A) shall be provided annually to qualifying individuals during the period of time that their Cal Grant A award is held in reserve and upon transfer to a tuition or fee-charging qualifying institution, provided that the individual continues to meet the qualifying criteria pursuant to subdivision (b) of Section 69465. (3) (A) Individuals selected for a Cal Grant A award that is held in reserve pursuant to this subdivision who are not receiving an award for access costs pursuant to paragraph (2) and meet the qualifying criteria pursuant to subdivision (a) of Section 69470 shall receive an award for access costs pursuant to Article 10 (commencing with Section 69470). (B) The access award referenced in subparagraph (A) shall be provided annually to qualifying individuals during the period of time that their Cal Grant A award is held in reserve and upon transfer to a tuition or fee-charging qualifying institution, provided that the individual continues to meet the qualifying criteria pursuant to subdivision (a) of Section 69470. (Amended by Stats. 2021, Ch. 144, Sec. 26. (AB 132) Effective July 27, 2021. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5. Competitive Cal Grant A and B Awards [69437 - 69437.7] SECTION 69437.7. Source version: id_fdac37ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5. After two award cycles, the commission shall review the competitive grant program and its priorities to gain a better understanding of early participation patterns and to determine the initial level of program effectiveness. The commission shall report these findings to the Legislature and the Governor by December 31, 2003, and each year thereafter. (Added by Stats. 2000, Ch. 403, Sec. 4. Effective September 12, 2000. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5.5. California Dreamer Service Incentive Grant Program [69438 - 69438.9] SECTION 69438. Source version: id_2b111255-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5.5. The California Dreamer Service Incentive Grant Program is hereby established, commencing with the 2019–20 academic year, under the administration of the Student Aid Commission. As used in this article, “program” means the California Dreamer Service Incentive Grant Program established by this section. (Amended by Stats. 2019, Ch. 513, Sec. 2. (AB 540) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5.5. California Dreamer Service Incentive Grant Program [69438 - 69438.9] SECTION 69438.3. Source version: id_5e23f4fd-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5.5. (a) In order to receive a grant under the program, a student shall either be a recipient of a Cal Grant B award or a recipient of a Cal Grant A award who was eligible for a Cal Grant B award, and shall perform at least 100 hours per quarter or 150 hours per semester of community or volunteer service, as appropriate. The community or volunteer service shall be performed through organizations meeting the requirements of Section 69438.7. The organizations shall report the hours of service performed by participating students to the commission in a timely manner. (b) A participating student is eligible to receive a grant under the program for a maximum of 8 semesters or 12 quarters. Once a student has met the minimum service requirement, the student is eligible for an award of up to two thousand two hundred fifty dollars ($2,250) per semester or one thousand five hundred dollars ($1,500) per quarter. The amount of a grant made to an individual participating student shall be calculated as follows: (1) The student’s award amount per term shall not exceed 50 percent of the student’s annual unmet need if the student is enrolled in a semester-based system, or 33.33 percent of the student’s annual unmet need if the student is enrolled in a quarter-based system. (2) If a student is eligible to receive a grant under the program, the minimum amount awarded in a semester or quarter shall be four hundred fifty dollars ($450). (c) A grant awarded under the program shall not offset or replace any other source of grant aid, including, but not necessarily limited to, institutional aid and scholarships. (d) No more than 1,667 students who are eligible through meeting all of the requirements of Section 69438.5 shall simultaneously participate in the program. When award slots are available, grants under the program shall be awarded to eligible students on a first-come-first-served basis, with priority established in order of the date and time of the student’s submission of a completed California Dream Act application pursuant to subdivision (a) of Section 69438.5. (e) (1) Commencing with the 2021–22 fiscal year, upon order of the Director of Finance, any unexpended or unencumbered funds appropriated for purposes of the program, as of June 30 of each fiscal year, shall be transferred to the University of California and the California State University to support the California DREAM Loan Program established in Article 23 (commencing with Section 70030) of Chapter 2. (2) The Department of Finance shall allocate the funds transferred pursuant to paragraph (1) to the University of California and the California State University proportionally to the share of students awarded a California DREAM Loan at each segment, using data for the most recent fiscal year in which that data is available. (3) Funds transferred to support the California DREAM Loan Program shall be used to support activities in fiscal years subsequent to the initial fiscal year for which the appropriation was provided. (4) The Department of Finance may adjust the amount transferred following the close of a fiscal year to account for changes in available resources. (f) Of the funds appropriated in the Budget Act of 2019–20 for the purposes of the program, up to one million five hundred thousand dollars ($1,500,000) shall be available on a one-time basis to the commission to support the costs to administer the program for the 2019–20 fiscal year. (Amended by Stats. 2022, Ch. 54, Sec. 12. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5.5. California Dreamer Service Incentive Grant Program [69438 - 69438.9] SECTION 69438.5. Source version: id_62a621bf-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5.5. A student is eligible to participate in the program if the student meets all of the following requirements: (a) The student has completed, and submitted to the commission, a California Dream Act application. (b) The student meets all of the requirements for an exemption from paying nonresident tuition pursuant to Section 68130.5 or pursuant to a similar provision adopted by the Regents of the University of California. (c) The student is a recipient of a Cal Grant B award or a recipient of a Cal Grant A award who was eligible for a Cal Grant B award. (d) The student is determined by the commission to have unmet need. (e) The student is enrolled at a campus of the University of California, the California State University, or the California Community Colleges, or at an independent institution of higher education, as defined in Section 66010, that is a qualifying institution, as defined in Section 69432.7. (f) The student agrees to perform the number of hours of community or volunteer service required, pursuant to Section 69438.3, for participation in the program. (Amended by Stats. 2022, Ch. 54, Sec. 13. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5.5. California Dreamer Service Incentive Grant Program [69438 - 69438.9] SECTION 69438.7. Source version: id_31cba2e7-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5.5. In order for the community or volunteer service performed by a participating student to be applied to the minimum hours required for eligibility for this program, the organization and service shall meet all of the following requirements, as determined by the commission: (a) The organization shall register with the commission, and report the service hours of the participating students. (b) The organization shall be one of the following: (1) A federal, state, or local governmental entity. (2) A qualifying institution as defined in Section 69432.7. (3) An organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code. (c) The community or volunteer service performed by the participating student is not advocacy of a political, social, or religious nature. (d) The community or volunteer service is related to the participating student’s field of study, or is in furtherance of community service or a community need. (e) The organization shall have been established for a minimum of two years before the first date on which a participating student begins performing service hours to qualify for this program. (Amended by Stats. 2019, Ch. 513, Sec. 3. (AB 540) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5.5. California Dreamer Service Incentive Grant Program [69438 - 69438.9] SECTION 69438.8. Source version: id_122b6885-0c90-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5.5. (a) The commission may adopt regulations necessary to carry out the purposes of this article as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of Section 11349.6 of the Government Code, the adoption of those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (b) Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, no regulation adopted by the commission pursuant to this section shall remain in effect for more than 180 days unless the commission complies with all relevant provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2019, Ch. 513, Sec. 4. (AB 540) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 5.5. California Dreamer Service Incentive Grant Program [69438 - 69438.9] SECTION 69438.9. Source version: id_232eb9b7-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=5.5. On or before November 1, 2022, and each year thereafter, the commission shall report to the Department of Finance, the Legislative Analyst’s Office, and the relevant policy and fiscal committees of the Legislature on the program. The report shall include, but not necessarily be limited to, all of the following information for the prior award year: (a) The number of recipients and total amount of aid provided, by segment. (b) The organizations providing service opportunities under the program. For each organization, the commission shall identify the organization type, as specified in subdivision (b) of Section 69438.7, and the number of service hours provided. (c) The amount of unexpended or unencumbered funds transferred to the University of California and the California State University to support the California DREAM Loan Program, established in Article 23 (commencing with Section 70030) of Chapter 2, pursuant to paragraph (1) of subdivision (e) of Section 69438.3. (Added by Stats. 2022, Ch. 54, Sec. 14. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 6. Cal Grant C Program [69439- 69439.] SECTION 69439. Source version: id_4b985228-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=6. (a) For the purposes of this section, the following terms have the following meanings: (1) “Career pathway” has the same meaning as set forth in Section 88620. (2) “Economic security” has the same meaning as set forth in Section 14005 of the Unemployment Insurance Code. (3) “Industry cluster” has the same meaning as set forth in Section 88620. (4) “Long-term unemployed” means, with respect to an award applicant, a person who has been unemployed for more than 26 weeks at the time of submission to the commission of their application. (5) “Occupational or technical training” means that phase of education coming after the completion of a secondary school program and leading toward recognized occupational goals approved by the commission. (b) A Cal Grant C award shall be used only for occupational or technical training in a program of not less than eight weeks. A student enrolled in an occupational or technical training program between 8 weeks and 14 weeks in length shall receive a prorated Cal Grant C award amount. A student enrolled in an occupational or technical training program equal to or greater than 15 weeks in length shall receive the maximum Cal Grant C award amount. There shall be the same number of Cal Grant C awards each year as were made in the 2000–01 fiscal year. Notwithstanding subdivision (b) of Section 69433.5, a recipient of the Cal Grant C award shall receive an award amount based on the length of the occupational or technical training program. The maximum award amount and the total amount of funding shall be determined each year in the annual Budget Act. (c) The commission may use criteria it deems appropriate in selecting students to receive grants for occupational or technical training and shall give special consideration to the social and economic situations of the students applying for these grants, giving additional weight to disadvantaged applicants, applicants who face economic hardship, and applicants who face particular barriers to employment. Criteria to be considered for these purposes shall include, but are not limited to, all of the following: (1) Family income and household size. (2) Student’s or the students’ parent’s household status, including whether the student is a single parent or child of a single parent. (3) The employment status of the applicant and whether the applicant is unemployed, giving greater weight to the long-term unemployed. (d) The Cal Grant C award recipients shall be eligible for renewal of their grants until they have completed their occupational or technical training in conformance with terms prescribed by the commission. A determination by the commission for a subsequent award year that the program under which a Cal Grant C award was initially awarded is no longer deemed to receive priority shall not affect an award recipient’s renewal. In no case shall the grants exceed two calendar years. (e) Cal Grant C awards may be used for institutional fees, charges, and other costs, including tuition, plus training-related costs, such as special clothing, local transportation, required tools, equipment, supplies, technology, books, and living expenses. In determining the individual award amounts, the commission shall take into account the financial means available to the student to fund their course of study and costs of attendance and other state and federal programs available to the applicant. (f) (1) To ensure alignment with the state’s dynamic economic needs, the commission, in consultation with appropriate state and federal agencies, including the Economic and Workforce Development Division of the office of the Chancellor of the California Community Colleges and the California Workforce Development Board, shall identify areas of occupational and technical training for which students may use Cal Grant C awards. Commencing with the 2026–27 academic year, the list of occupations and technical training programs used for purposes of this section shall include, but not be limited to, programs eligible for the federal Workforce Pell Grant program under Article 17 (commencing with Section 69870) of Chapter 2. The commission, to the extent feasible, shall also consult with representatives of the state’s leading competitive and emerging industry clusters, workforce professionals, and career technical educators, to determine which occupational training programs and industry clusters should be prioritized. (2) (A) Except as provided in subparagraph (B), the areas of occupational and technical training developed pursuant to paragraph (1) shall be regularly reviewed and updated not less than every two years concurrent with development and modification of the state plan required by the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (B) By January 1, 2016, the commission shall update the priority areas of occupational and technical training. (3) (A) The commission shall give priority in granting Cal Grant C awards to students pursuing occupational or technical training in areas that meet two of the following criteria pertaining to job quality: (i) High employer need or demand for the specific skills offered in the program. (ii) High employment growth in the occupational field or industry cluster for which the student is being trained. (iii) High employment salary and wage projections for workers employed in the occupations for which they are being trained. (iv) The occupation or training program is part of a well-articulated career pathway to a job providing economic security. (B) To receive priority pursuant to subparagraph (A), at least one of the criteria met shall be specified in clause (iii) or (iv) of that subparagraph, or the program may meet the criteria described in paragraph (4). (4) Commencing with the 2027–28 academic year, the commission may prioritize Cal Grant C awards for students enrolled in programs on the California Priority Jobs Credentials List to the extent that the list is developed pursuant to Section 69873.5, or programs identified on the list developed by the Employment Development Department pursuant to Section 69871. (g) The commission shall determine areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f) in consultation with the Employment Development Department, the Economic and Workforce Development Division of the office of the Chancellor of the California Community Colleges, and the California Workforce Development Board using projections available through the Labor Market Information Data Library. The commission may supplement the analyses of the Employment Development Department’s Labor Market Information Data Library with the labor market analyses developed by the Economic and Workforce Development Division of the office of the Chancellor of the California Community Colleges and the California Workforce Development Board, and the projections of occupational shortages and skills gap developed by industry leaders. The commission shall publish, and retain, on its internet website a current list of the areas of occupational or technical training that meet the criteria described in paragraph (3) of subdivision (f), and update this list as necessary. (h) Using the best available data, the commission shall examine the graduation rates and job placement data, or salary data, of eligible programs. Commencing with the 2014–15 academic year, the commission shall give priority to Cal Grant C award applicants seeking to enroll in programs that rate high in graduation rates and job placement data, or salary data. (i) (1) The commission shall consult with the Employment Development Department, the office of the Chancellor of the California Community Colleges, the California Workforce Development Board, and the local workforce investment boards to develop a plan to publicize the existence of the grant award program to California’s long-term unemployed to be used by those consulting agencies when they come in contact with members of the population who are likely to be experiencing long-term unemployment. The outreach plan shall use existing administrative and service delivery processes making use of existing points of contact with the long-term unemployed. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220). (2) The commission shall consult with the Workforce Services Branch of the Employment Development Department, the office of the Chancellor of the California Community Colleges, the California Workforce Development Board, and the local workforce investment boards to develop a plan to make students receiving awards aware of job search and placement services available through the Employment Development Department and the local workforce investment boards. Outreach shall use existing administrative and service delivery processes making use of existing points of contact with the students. The local workforce investment boards are required to participate only to the extent that the outreach efforts are a part of their existing responsibilities under the federal Workforce Investment Act of 1998 (Public Law 105-220). (j) (1) The Legislative Analyst’s Office shall submit a report to the Legislature on the outcomes of the Cal Grant C program on or before April 1, 2019. This report shall include, but not be limited to, information on all of the following: (A) The age, gender, and segment of attendance for recipients in two prior award years. (B) The occupational and technical training program categories prioritized. (C) The number and percentage of students who received selection priority as defined in paragraph (3) of subdivision (f). (D) The extent to which recipients in these award years were successfully placed in jobs that meet local, regional, or state workforce needs. (2) For the report submitted pursuant to paragraph (1), the Legislative Analyst’s Office shall include data for two additional prior award years and shall compare the mix of occupational and technical training programs and institutions in which Cal Grant C award recipients enrolled before and after implementation of subdivision (f). (3) Notwithstanding Section 10231.5 of the Government Code, the commission shall submit a report to the Legislature on or before April 1, 2021, and on or before April 1 of each odd-numbered year thereafter, that includes the information specified in paragraph (1). (4) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2026, Ch. 79, Sec. 10. (SB 135) Effective July 13, 2026. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 7. Cal Grant T Program [69440- 69440.] SECTION 69440. Source version: id_fdadbe72-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=7. (a) Commencing with the 2001–02 academic year, and each academic year thereafter, Cal Grant T awards shall be used only for tuition and student fees for a maximum of one academic year of full-time attendance in a program of professional preparation that has been approved by the California Commission on Teacher Credentialing. The maximum award amount, and the total amount of funding, shall be determined each year in the annual Budget Act. As a condition of receiving a Cal Grant T award, a recipient shall teach for one year in a high-priority school, as defined in paragraph (3) of subdivision (c) of Section 44510, for each two thousand dollar ($2,000) incentive provided through the Cal Grant T Program, for a period not to exceed four years. Any recipient who fails to meet his or her teaching obligation shall repay the Cal Grant T award. (b) The commission shall allocate Cal Grant T awards using academic criteria or criteria related to past performance similar to that used in awarding Cal Grant A awards for the 2000–01 academic year. (Amended by Stats. 2003, Ch. 573, Sec. 22. Effective January 1, 2004. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 8. Cal Grant Alternative Delivery System Pilot Program [69450 - 69460] SECTION 69450. Source version: id_15306e75-ccf6-11de-8313-d839dcde5416 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=8. (a) It is the intent of the Legislature, in enacting this article, to enhance the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program and the state’s historic commitment, as stated in Section 66021.2, of providing educational opportunity by ensuring all students with financial need with access to, and choice of, an institution of higher education. (b) It is further the intent of the Legislature that, pursuant to this article, the commission implement a pilot alternative delivery system within the Cal Grant Program that would provide program functions consistent with access to, and choice of, institutions for students with financial need. The pilot alternative delivery system should take advantage of, and not impair, the efficiencies of the recent Internet-based improvements to the commission’s Grant Delivery System by allowing qualifying institutions to elect to award Cal Grant awards pursuant to Article 2 (commencing with Section 69434), Article 3 (commencing with Section 69435), and Article 4 (commencing with Section 69436) for students admitted to those institutions, and by ensuring that those qualifying institutions function as a one-stop shop for financial aid information by providing assistance to students, parents, and high school and community college counselors seeking information about the Cal Grant Program and other student financial aid. (c) It is the intent of the Legislature that awards and services to students not be disrupted in the implementation of this article. (Added by Stats. 2009, Ch. 644, Sec. 4. (AB 187) Effective November 5, 2009. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 8. Cal Grant Alternative Delivery System Pilot Program [69450 - 69460] SECTION 69452. Source version: id_1530bc97-ccf6-11de-8313-d839dcde5416 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=8. (a) The commission shall adopt emergency regulations by July 1, 2010, establishing the pilot alternative Cal Grant delivery system to allow a qualifying institution to elect to administer Cal Grant awards under the Cal Grant A Entitlement Program (Article 2 (commencing with Section 69434)), the Cal Grant B Entitlement Program (Article 3 (commencing with Section 69435)), and the California Community College Transfer Cal Grant Entitlement Program (Article 4 (commencing with Section 69436)). The regulations shall be consistent with this article. (b) The commission shall convene an advisory task force to assist in understanding the technical and data requirements necessary for implementation of the pilot program. The task force shall be convened within 15 days of the effective date of this section. The task force shall be composed of commission staff and representatives of institutions interested in participating in the pilot program. (c) To ensure unobstructed student access to Cal Grant awards, the alternative delivery system shall not impair the commission’s ability to keep track of all students as long as they may be eligible for any Cal Grant awards and other student financial aid administered by the commission. The pilot alternative delivery system shall not impair the commission’s ability to communicate with, and make awards to, students if they are eligible for Cal Grant awards. (d) To ensure accountability for, and integrity of, state funds, the alternative delivery system shall not impair the commission’s ability to do any of the following: (1) Pay Cal Grant awards. (2) Disburse funds to qualifying institutions. (3) Confirm Cal Grants awarded by qualifying institutions. (4) Require qualifying institutions to conform Cal Grants they have awarded to the requirements of this chapter. (5) Require qualifying institutions to provide student and Cal Grant award information to the commission at times deemed necessary by the commission. (e) The commission may adopt any other requirements that are necessary to ensure that the alternative delivery system provides students with financial need with access to, and choice of, an institution of higher education. (Added by Stats. 2009, Ch. 644, Sec. 4. (AB 187) Effective November 5, 2009. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 8. Cal Grant Alternative Delivery System Pilot Program [69450 - 69460] SECTION 69453. Source version: id_153131c9-ccf6-11de-8313-d839dcde5416 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=8. The commission shall not implement the pilot alternative delivery system established pursuant to Section 69452 until at least 30, but no more than 35, qualifying institutions have committed to participating in the alternative delivery system and to paying the costs associated with developing and implementing the alternative delivery system. The commission shall not expend any resources on the development and implementation of the pilot alternative delivery system. (Added by Stats. 2009, Ch. 644, Sec. 4. (AB 187) Effective November 5, 2009. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 8. Cal Grant Alternative Delivery System Pilot Program [69450 - 69460] SECTION 69454. Source version: id_153158db-ccf6-11de-8313-d839dcde5416 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=8. (a) (1) A qualifying institution electing to participate in the pilot alternative delivery system shall submit an application to the commission acknowledging that the qualifying institution satisfies the requirements for the pilot alternative delivery system and will maintain compliance with those requirements as long as it continues to award Cal Grant awards. (2) The commission shall review, and may approve, the application if the commission determines that the institution complies with all applicable requirements. (3) A qualifying institution may not award Cal Grants until the commission has approved its application. (4) The Regents of the University of California, the Board of Trustees of the California State University, and the Board of Governors of the California Community Colleges shall select qualifying campuses from within their respective segments to apply for participation in the pilot program. For each segment, not more than 25 percent of the total number of campuses within the respective segment may participate in the pilot program. (b) In addition to complying with the regulations adopted for participation in the pilot program, a qualifying institution electing to participate in the pilot alternative delivery system shall do all of the following: (1) Make eligibility determinations consistent with the requirements of the Cal Grant Program and requirements adopted by the commission. (2) Inform the student of his or her Cal Grant award before the student is required to make an enrollment decision for the following academic year. The award shall be made as part of the qualifying institution’s complete financial aid award so that the student is aware of all the student aid that the he or she is eligible to receive. (3) Provide notice to the student that he or she may be eligible to use the Cal Grant award at another qualifying institution to which he or she is admitted. (c) A qualifying institution electing to participate in the pilot alternative delivery system shall report all of the following to the commission in a form, and within the time, determined by the commission to maximize student access to Cal Grant awards: (1) Information necessary to determine Cal Grant funding projections for the State Budget. (2) Aggregate information on applicants for Cal Grant awards and students who have been awarded Cal Grant awards, by income level, gender, age, and ethnicity. (3) Aggregate information on students who have been awarded Cal Grant awards, but have withdrawn from their qualifying institutions. (4) Aggregate information on students who have been awarded Cal Grant awards but for whom awards have not been disbursed. (5) Information on the total amount of institutional aid available for students at the qualifying institution, the total number of recipients of institutional aid, the total amount of institutional aid provided to recipients of Cal Grant awards at the qualifying institution, and the amount of institutional aid awarded to each student receiving a Cal Grant award. (6) Information on the amount of other financial aid, including, but not necessarily limited to, fee waivers, federal loans, private loans, and work study awarded to each student receiving a Cal Grant award. (7) Any other information determined by the commission to be necessary to fulfill its responsibilities under the Cal Grant Program. (d) (1) A qualifying institution electing to participate in the pilot alternative delivery system shall function as a one-stop shop for student financial aid by providing assistance to all students, parents, and high school counselors inquiring or seeking information about Cal Grant awards and other student financial aid, including information about the availability of, requirements for, and the amount of, Cal Grant awards that may be available at other qualifying institutions in all segments of postsecondary education. The qualifying institution may also provide comparable information on federal and other student financial aid. (2) A qualifying institution that does not comply with this subdivision is not eligible to participate in the alternative delivery system pilot program. (Added by Stats. 2009, Ch. 644, Sec. 4. (AB 187) Effective November 5, 2009. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 8. Cal Grant Alternative Delivery System Pilot Program [69450 - 69460] SECTION 69456. Source version: id_15321c2d-ccf6-11de-8313-d839dcde5416 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=8. All costs associated with developing, implementing, maintaining, and improving the pilot alternative delivery system shall be paid by the qualifying institutions that elect to participate in the pilot alternative delivery system. (Added by Stats. 2009, Ch. 644, Sec. 4. (AB 187) Effective November 5, 2009. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 8. Cal Grant Alternative Delivery System Pilot Program [69450 - 69460] SECTION 69458. Source version: id_1e8c615a-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=8. (a) Participation in the pilot alternative delivery system pursuant to this article is voluntary. Any local agency electing to participate in the pilot alternative delivery system is deemed to have acknowledged and agreed that its participation is voluntary and does not constitute a cost that is reimbursable under Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. (b) All costs associated with a qualifying institution’s election to participate in the pilot alternative delivery system shall be paid by the qualifying institution and, if the qualifying institution is a public institution, shall not require any additional state funds. (Amended by Stats. 2010, Ch. 328, Sec. 51. (SB 1330) Effective January 1, 2011. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 8. Cal Grant Alternative Delivery System Pilot Program [69450 - 69460] SECTION 69460. Source version: id_2071ea3c-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=8. (a) On or before January 10, 2012, the Legislative Analyst’s Office shall report to the Legislature and the Governor on the implementation and outcomes of the first award cycle under the pilot program. The report shall assess the extent to which the pilot program resulted in improved Cal Grant delivery to students, parents, and high school and financial aid counselors; administrative efficiencies; and sufficient state oversight. The report shall also identify any challenges or barriers to expansion of the alternative Cal Grant delivery system, as well as any associated information technology challenges that may need to be addressed or changes that may be required. (b) Consistent with the criteria in subdivision (a), the Student Aid Commission may provide a report to the Legislature and the Governor. (Amended by Stats. 2010, Ch. 328, Sec. 52. (SB 1330) Effective January 1, 2011. Conditionally inoperative as prescribed in Section 69475 (if it becomes operative). Repealed conditionally pursuant to Section 69475 (if it becomes operative).) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 1.7. Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program [69430 - 69475] ARTICLE 9. Awards for Students with Dependent Children [69465- 69465.] SECTION 69465. Source version: id_67251a31-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=1.7.&article=9. (a) For purposes of this article, “dependent child” or “dependent children” means a child or children, as applicable, under 18 years of age whose parent or legal guardian is the student, if the child or all the children collectively receive more than 50 percent of their support from the student. (b) Commencing with the 2022–23 academic year and each academic year thereafter, the commission shall identify all individuals with a dependent child or dependent children who meet both of the following qualifying criteria for the award year: (1) The student will receive either a new or renewal Cal Grant A, B, or C award. (2) The student will attend a University of California campus, California State University campus, California Community College campus, or an independent institution of higher education, as defined in Section 66010. (c) Individuals identified by the commission as meeting qualifying criteria pursuant to subdivision (b) and who are receiving a Cal Grant A award or Cal Grant B award shall receive a total annual access award not to exceed six thousand dollars ($6,000). This amount may be adjusted in the annual Budget Act. (d) Individuals identified by the commission as meeting qualifying criteria pursuant to subdivision (b) and who are receiving a Cal Grant C award shall receive a total annual book and supply award not to exceed four thousand dollars ($4,000). This amount may be adjusted in the annual Budget Act. Consistent with subdivision (e) of Section 69439, awards issued pursuant to this subdivision may be used for living expenses, institutional fees, charges, and other costs, including tuition and training-related costs, such as special clothing, local transportation, and required tools, equipment, supplies, technology, and books. (e) Notwithstanding any other law, expenses paid with access awards granted pursuant to subdivision (c), and book and supply awards granted pursuant to subdivision (d), shall be considered allowable educational expenses and shall not be considered for purposes of determining eligibility for state public assistance programs. (f) Notwithstanding any other law, an award provided pursuant to this article shall be excluded from the calculation of the maximum annual award value for purposes of subparagraph (A) of paragraph (3) of subdivision (b) of Section 69432.9. (g) The usage of awards provided pursuant to this article shall be consistent with existing statutes and regulations governing eligible expenditures. (h) Notwithstanding subdivisions (c) and (d), both of the following shall apply for purposes of this article: (1) The amount appropriated in the annual Budget Act, and any other appropriation for purposes of this article, shall not exceed two hundred fifty million dollars ($250,000,000). (2) The commission shall annually determine if the amount appropriated for each fiscal year is sufficient to cover the cumulative cost of the funding projected to be awarded for the fiscal year pursuant to this article. If the commission determines that the amount appropriated is not sufficient to meet the funding projection for a fiscal year, the commission shall reduce awards proportionately by an equal percentage for all new recipients under this article for that fiscal year. (Amended by Stats. 2022, Ch. 54, Sec. 15. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1. Purposes [69500- 69500.] SECTION 69500. Source version: id_fdaf4518-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1. The Legislature finds and declares all of the following: (a) Student assistance programs have the primary purpose of providing equal opportunity and access to postsecondary education for persons of both sexes, and all races, ancestries, incomes, ages, and geographies in California. (b) Student aid programs should enhance the ability of individuals to choose the most appropriate postsecondary educational opportunity and among different institutions. (c) Student aid programs should assist students to progress through the educational program in accordance with the individual’s educational objectives. (d) Student aid programs should provide assistance to individuals who desire to enroll in an independent college or university. (e) Student aid programs should, furthermore, complement more general statewide goals for public postsecondary education. (f) State purposes regarding student aid programs should complement the purposes of federal student assistance programs so as to enhance the effectiveness of state programs; the state’s purposes mentioned above serve to enhance the purposes of the Pell Grant Program. (Amended by Stats. 1984, Ch. 1079, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69503. Source version: id_fdb0cbbc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. In enacting this article, the Legislature finds and declares: (a) The awarding of financial assistance to needy students by state-funded student aid programs appropriately considers family income in determining an applicant’s financial need. (b) Claiming of financial independence by students whose parents are in fact able to provide financial assistance unfairly redirects limited student aid dollars from students with legitimate financial need. (c) Definitions and procedures by which a student may declare financial independence from the student’s parents differ among state-funded student aid programs and among institutions. A statutory definition of when a student’s eligibility for need-based, state-funded grants is to be determined without regard to his or her parents’ financial circumstances will reduce confusion and ensure that such grants are allocated to students on the basis of a more equitable evaluation of their financial need. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69503.6. Source version: id_5ab3a3a9-fcc1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. Each institution of higher education with a physical presence in this state shall separately list the cost of institutionally operated housing and meal plans on all Internet Web sites and documents it provides to students for purposes of advertising or otherwise displaying the student costs associated with institutionally operated housing. (Added by Stats. 2018, Ch. 314, Sec. 1. (AB 1961) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69504. Source version: id_fdb0cbbe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. The provisions of this article apply to all need-based student grants that are funded by the state or a public postsecondary educational institution. Nothing in this article shall be construed as attempting to regulate the selection or awarding of scholarships to applicants by the state or a public postsecondary educational institution where the scholarships are funded and awarded pursuant to the terms of a private endowment, trust, or similar instrument. (Amended by Stats. 1978, Ch. 1214.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69504.5. Source version: id_0e5c7b48-47e9-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) Notwithstanding any other law, students who are victims of trafficking, domestic violence, and other serious crimes who have been granted a status under Section 1101(a)(15)(T)(i) or (ii), or Section 1101(a)(15)(U)(i) or (ii), of Title 8 of the United States Code shall be eligible to apply for, and participate in, all student financial aid programs and scholarships administered by a public postsecondary educational institution or the State of California to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. (b) The University of California is requested to adopt policies that are consistent with this section. (Added by Stats. 2012, Ch. 509, Sec. 2. (AB 1899) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69505. Source version: id_09e7b154-ca37-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) To the extent that federal financial analysis methodology incorporates this exemption, income received as reparation payments paid pursuant to federal law on or after October 1, 1990, for the purpose of redressing the injustice done to United States citizens and permanent residents of Japanese ancestry who were interned during World War II shall not be considered in determining an applicant’s financial need. (b) To the extent that federal financial analysis methodology incorporates this exemption, income received as reparation payments paid by the Canadian government for the purpose of redressing the injustice done to persons of Japanese ancestry who were interned in Canada during World War II shall not be considered in determining an applicant’s financial need. (Amended by Stats. 2016, Ch. 69, Sec. 9. (AB 1850) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69505.5. Source version: id_ca90b47c-6cdd-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) (1) No campus of the California Community Colleges or the California State University shall enter into a contract on or after January 1, 2014, with any entity, whether a specific depository institution or an entity that partners with one or more depository institutions, that requires a student to open an account with that entity as a condition of the student receiving his or her financial aid disbursement. (2) Each campus of the University of California is requested to not enter into a contract on or after January 1, 2014, with any entity, whether a specific depository institution or an entity that partners with one or more depository institutions, that requires a student to open an account with that entity as a condition of the student receiving his or her financial aid disbursement. (b) (1) Each campus of the California Community Colleges and the California State University shall offer a student the option of receiving his or her financial aid disbursement via direct deposit into an account at a depository institution of the student’s choosing. Each campus of the California Community Colleges and the California State University shall ensure that its contract or contracts for financial aid disbursement entered into on or after January 1, 2014, provide that the contracting entity shall initiate the direct deposit within one business day of receipt of the financial aid disbursement moneys from each campus of the California Community Colleges and the California State University. (2) Each campus of the University of California is requested to offer a student the option of receiving his or her financial aid disbursement via direct deposit into an account at a depository institution of the student’s choosing. Each campus of the University of California is requested to ensure that its contract or contracts for financial aid disbursement entered into on or after January 1, 2014, provide that the contracting entity shall initiate the direct deposit within one business day of receipt of the financial aid disbursement moneys from each campus of the University of California. (Added by Stats. 2013, Ch. 217, Sec. 1. (SB 595) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69505.8. Source version: id_0fea1000-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California and each governing body of an accredited private postsecondary educational institution are requested to, develop one or more model contracts for use at their respective systems for the disbursement of a financial aid award, scholarship, campus-based aid award, or school refund onto a debit card, prepaid card, or other preloaded card issued by a financial institution. Each model contract shall be developed in consultation with stakeholders including statewide student associations, individual campuses, and financial institutions that issue debit cards, prepaid cards, and preloaded cards and shall not be finalized before public comment is sought and considered. (b) The board of governors and the trustees shall, and the regents and each governing body of an accredited private postsecondary educational institution are requested to, make every model contract developed under subdivision (a), and every binding contract negotiated by an educational institution under the jurisdiction of one of these governing bodies with a financial institution for the disbursement of a financial aid award, scholarship, campus-based aid award, or school refund onto a debit card, prepaid card, or preloaded card, publicly available on its Internet Web site. (c) Every model contract developed under subdivision (a) shall consider the best interests of students and shall, at a minimum, contain provisions that reflect conditions required for compliance with federal regulations governing the disbursement of federal financial aid. (d) When developing each model contract, the board of governors and the trustees shall, and the regents and each governing body of an accredited private postsecondary educational institution are requested to, consider all of the following: (1) The number of on-campus locations and proximity of off-campus locations where a fee-free withdrawal could be made by a student using a debit card, prepaid card, or preloaded card. (2) The type and size of fees a student would incur from debit, prepaid, or preloaded card use and whether provisions of the model contract ensure that the educational institution is provided information by the card-issuing financial institution to evaluate the costs of these fees to students. (3) The impact, if any, that offering a card displaying the name or mascot of a campus or educational system would have on students, that campus, or that educational system. (4) Whether provisions of the model contract ensure that the educational institution monitors compliance by the financial institution with federal Title IV requirements governing the disbursement of financial aid. (5) Whether provisions of the model contract ensure a process for the tracking and resolution of student complaints about the card-issuing financial institution’s credit delivery, customer service, and debit, prepaid, or preloaded cards. (6) The impact, if any, of the content of a dispute resolution clause on students, their campus, and their educational system, if a conflict were to arise between a student and the card-issuing financial institution. (7) Whether provisions of the model contract ensure that the educational institution does not disclose student information to the card-issuing financial institution beyond what is necessary to perform the contracted financial aid award, scholarship, campus-based aid award, or school refund disbursement function. (8) Whether provisions of the model contract ensure that the card-issuing financial institution does not solicit or collect information from a student that is not necessary to perform the contracted financial aid award, scholarship, campus-based aid award, or school refund disbursement function as a condition of allowing the student to access a financial aid award, scholarship, campus-based aid award, or school refund through a debit card, prepaid card, or preloaded card. (Added by Stats. 2014, Ch. 120, Sec. 1. (SB 845) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69506. Source version: id_fdb25262-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) The methodology set forth in federal law or regulation shall serve as the formula for determining the expected family contribution of students seeking any state-funded financial assistance. (b) For the purposes of determining the dependent and independent status of students, the definition set forth in the federal law or regulation shall serve as the definition for students seeking any state-funded financial assistance. (Amended by Stats. 1990, Ch. 620, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69506. Source version: id_6e2ce065-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) (1) The methodology set forth in federal law or regulation shall serve as the formula for determining the expected family contribution of students seeking any state-funded financial assistance. (2) Commencing with the 2024–25 award year, if funding for the Cal Grant Reform Act (Chapter 1.5 (commencing with Section 69405)) is included in the annual Budget Act, the methodology set forth in federal law or regulation shall serve as the formula for determining the eligibility index for student aid of students seeking any state-funded financial assistance. (b) For purposes of determining the dependent and independent status of students, the definition set forth in the federal law or regulation shall serve as the definition for students seeking any state-funded financial assistance. (Amended by Stats. 2022, Ch. 54, Sec. 18. (AB 183) Effective June 30, 2022. Conditionally operative as prescribed by Stats. 2022, Ch. 54, Sec. 65.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69506.3. Source version: id_fdb25264-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. It is the intent of the Legislature that the commission, commencing with the 1991–92 academic year, shall implement the income verification process authorized in Section 19286.9 of the Revenue and Taxation Code, and develop procedures which allow postsecondary educational institutions to use information obtained through that process. (Added by Stats. 1990, Ch. 620, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69506.5. Source version: id_fdb25266-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. Notwithstanding Section 69506, the Student Aid Commission may, whenever it is determined to be in the best interest of the state, develop and adopt regulations that modify the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking any state-funded financial assistance or the federal definition for establishing the dependent and independent status of students seeking any state-funded financial assistance. It is the Legislature’s intent that these regulations promote consistency between federal and state standards, encourage the maximum contribution from parents while being sensitive to individual student financial and personal circumstances, and encourage a simple financial aid application process. (a) The regulations developed pursuant to this section shall be adopted as Student Aid Commission regulations in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Prior to adopting or amending regulations pursuant to this section, the commission shall conduct, and make public, a full analysis which includes at least an examination and explanation of the cost of the change, the effect on student applicant and recipient eligibility and award levels, and the effects of implementing the criteria on those programs administered by the commission. (c) Not later than July 1 of the year following any modifications to the methodology for determining expected family contribution or the federal definition of student dependence or independence made pursuant to this section, the commission shall report to the Governor and the Legislature the impact of the changes on those programs administered by the commission. (Amended by Stats. 1992, 1st Ex. Sess., Ch. 21, Sec. 36. Effective March 7, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69507. Source version: id_fdb25268-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. In instances where an applicant does not meet the criteria specified in Section 69506, and the parents refuse to provide financial information, the student may not be considered for a grant. In those instances, however, the student may be considered for a loan or employment aid to the extent that such are available on the basis of the resources of the student and the student’s spouse, if any. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69507.5. Source version: id_fdb2526a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) Except as provided in subdivision (b), no student shall receive a grant or fellowship administered by the Student Aid Commission if he or she has previously defaulted on any student loan, or has failed to repay a federal or state student grant where required to do so. (b) If a student has made satisfactory arrangements to repay a default on a previous student loan, or to repay grant funds where required to do so, the student may be eligible to receive a grant or fellowship administered by the Student Aid Commission. (Added by Stats. 1984, Ch. 1079, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69508. Source version: id_fdb2526c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. When federal regulations defining the financial independence of students are altered, the Student Aid Commission shall as soon as possible report to the Legislature on what changes are necessary to conform this article to federal standards. (Repealed and added by Stats. 1978, Ch. 1214.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69508.5. Source version: id_2fd89fc7-a344-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) Notwithstanding any other law, a student who meets the requirements of subdivision (a) of Section 68130.5, or who meets equivalent requirements adopted by the Regents of the University of California, is eligible to apply for, and participate in, any student financial aid program administered by the State of California to the full extent permitted by federal law. The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code. (b) Notwithstanding any other law, the Student Aid Commission shall establish procedures and forms that enable students who are exempt from paying nonresident tuition under Section 68130.5, or who meet equivalent requirements adopted by the regents, to apply for, and participate in, all student financial aid programs administered by the State of California to the full extent permitted by federal law. (c) It is the intent of the Legislature that all forms of state-based aid in California be made equally available to students who are exempt, pursuant to Section 68130.5, from paying nonresident tuition and to all other students who qualify for state-based aid in this state. (Amended by Stats. 2019, Ch. 53, Sec. 15. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69509. Source version: id_fdb2526e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) Upon the commencement of any cause of action, including an emergency action, by the commission against an educational institution in connection with the Federal Family Education Loan Program or other state student financial aid program, the director of the commission may order that all or any part of state financial aid funds scheduled to be delivered to that institution by the commission, whether payable to that institution or its students, be withheld from the institution and deposited in a separate state account. However, in order to alleviate the financial hardships imposed upon students by withholding the delivery of state financial aid funds to an educational institution, the director of the commission, at any time after the initial withholding, may release state financial aid funds to these students, giving first priority to the release of funds for subsistence payments. (b) The director shall give notice to the institution and affected students of any action taken pursuant to subdivision (a). (c) The director, upon the termination of any action taken pursuant to subdivision (a), shall order the disposition of the withheld funds in a manner consistent with the outcome of the cause of action and in the best interest of the affected students. The director may order that the funds be withheld from an institution permanently, in which case those funds shall be returned to the state fund or account from which it originated, for subsequent use by the commission. (d) “Cause of action” and “emergency action,” for the purposes of this section, mean those actions described in Sections 30302 and 30304 of Title 5 of the California Code of Regulations, and as those sections may subsequently be amended, concerning the limitation, suspension, and termination of eligibility under the Federal Family Education Loan Program. (Amended by Stats. 1995, Ch. 758, Sec. 63. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69509.5. Source version: id_02f28c25-3b73-11dc-bb7e-ec0b9f9c7e90 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) Within five days of the commencement of any cause of action, including an emergency action, by the commission against a private postsecondary educational institution in connection with the Federal Family Education Loan Program, the director of the commission shall give notice, in writing, of the commencement of the action to the Council for Private Postsecondary and Vocational Education. (b) “Cause of action” and “emergency action” for the purposes of this section, mean those actions described in Sections 30302 and 30304 of Title 5 of the California Code of Regulations, and as those sections may subsequently be amended, concerning the limitation, suspension, and termination of eligibility under the Federal Family Education Loan Program. (c) The director of the commission, or his or her designee, shall give written notice to the Council for Private Postsecondary and Vocational Education when, in the administration of a program review concerning any private postsecondary educational institution’s participation in the Cal Grant Program or the Federal Family Education Loan Program, evidence indicates that a private postsecondary educational institution is in violation of the standards adopted by its responsible accrediting agency or when it is in violation of Section 94800, Sections 94811 to 94825, inclusive, or Section 94930. (d) The director of the commission may develop selection criteria for the scheduled review of any private postsecondary or vocational educational institution. (e) This section shall become operative on January 1, 1997. (Repealed (in Sec. 64) and added by Stats. 1995, Ch. 758, Sec. 64.5. Effective January 1, 1996. Section operative January 1, 1997, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 1.5. General Provisions [69503 - 69509.6] SECTION 69509.6. Source version: id_a28b89a0-e411-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=1.5. (a) Commencing with the 2018–19 award year, each higher education institution, except for the California Community Colleges, shall, to the extent that the institution receives a student borrower’s federal, state, and private education loan information, send an individualized letter, by regular mail or electronic mail, to that student that includes all of the following information: (1) An estimate of all of the following: (A) The total cumulative principal amount of his or her federal, state, and private education loans. (B) The potential total payoff amount of his or her federal, state, and private education loans incurred or a range of the total payoff amount. (C) Monthly repayment amounts that a similarly situated borrower may incur, including principal and interest, for the amount of loans the student has taken out at the time the information is provided, assuming a 10-year repayment plan under current federal loan interest rates. (2) A statement that the estimates provided pursuant to paragraph (1) are general in nature and not meant as a guarantee or promise of the actual projected amounts, and that they are based on the loan amounts that the institution is aware of and may not include all student debt incurred; that borrowers with private loans may have substantially higher payments; and that federal student loan borrowers may be eligible for repayment plans that extend beyond ten years. (3) Contact information for the institution’s financial aid office or a financial aid or academic adviser of the institution. (b) An institution described in subdivision (a) shall not incur liability for any representations made in the estimates provided pursuant to paragraph (1) of subdivision (a). (c) If an institution is not able to provide a student with estimates pursuant to paragraph (1) of subdivision (a), the institution shall inform the student in the letter described in subdivision (a) that he or she may view his or her financial aid history by establishing a federal student aid account, or accessing his or her federal student aid account if established, through the National Student Loan Data System. The institution shall provide the student with the Internet Web site link to the system. (Added by Stats. 2017, Ch. 448, Sec. 1. (AB 1178) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 11.5. Willie L. Brown, Jr. Community Service Scholarship Program [69730 - 69732] SECTION 69730. Source version: id_fdd9fe90-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=11.5. There is hereby established the Willie L. Brown, Jr. Community Service Scholarship Program, the purpose of which shall be to reward pupils for volunteering to serve their communities, to address serious social and economic community needs, and to increase the tendency of youth to be involved in public service. The program shall be administered by the Student Aid Commission. Pursuant to that authority, the commission shall do all of the following: (a) Provide information regarding the program to each school district in this state. Any public high school of this state, other than any continuation or alternative high school, may participate in the program upon request. Each participating high school shall provide adequate notice to its pupils of the availability of the scholarships authorized under this article. (b) Establish a model scholarship application form of no more than one page in length, requiring no more than 25 data elements, and provide copies of that application form to all participating high schools. Participating high schools may use either the model form or their own scholarship application form. Scholarship funds to be awarded pursuant to this article shall be provided without regard to the requirements otherwise set forth in this chapter. (c) Conduct periodic reviews in order to ensure that the selection of scholarship recipients is conducted in compliance with this article. (Added by Stats. 1989, Ch. 1188, Sec. 2. Operative July 1, 1990, by Sec. 3 of Ch. 1188.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 11.5. Willie L. Brown, Jr. Community Service Scholarship Program [69730 - 69732] SECTION 69731. Source version: id_befca7c8-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=11.5. (a) At least one scholarship under this article shall be made available each year to each high school participating in the program to award to a pupil who is enrolled in that high school. One additional scholarship shall be available each year to each participating high school for each 1,000 pupils enrolled in that school in excess of 1,000 pupils. (b) Each participating high school shall establish and maintain a community service scholarship committee that consists of the following persons: (1) One full-time teacher employed by the school. (2) One employee of the school who is a classified employee or pupil counselor, and who has contributed to the academic or personal development of high school pupils. In the event that no person meets those qualifications, the principal of the school shall designate any other employee of the school to serve on the committee. (3) One parent of any pupil who is enrolled in the high school but is not an applicant for a scholarship under this article. (4) Two representatives from community organizations or agencies, as described in subdivision (c). (c) Scholarships made available to the participating high school shall be awarded by the community service scholarship committee to pupil applicants determined by a majority vote of the membership of the committee to have made significant contributions to the community through community service. For the purposes of this article, “community service” means volunteer work for any nonprofit organization that meets the description set forth in paragraph (3) of subsection (c) of Section 501 of Title 26 of the United States Code, or for any other community service agency or organization that is nonprofit, nonpartisan, and nonsectarian, which work is performed to further purposes of education, environmental quality, health care, local, state, or federally funded public assistance, public safety crime prevention or control, transportation, recreation, housing and neighborhood improvement, rural development, conservation, child care, senior citizens’ quality of life, outdoor beautification, or any other purpose of human betterment and community improvement. In the event that the community service scholarship committee determines that the number of applicants who qualify for a scholarship under this subdivision exceeds the number of scholarships available to the high school under this article, the committee shall apply the following additional criteria in order to select scholarship recipients: (1) The applicant’s financial status, including the applicant’s ability to finance a college education. (2) The extent to which the applicant’s capacity to provide volunteer service has been limited by the applicant’s other extracurricular activities, summer or part-time employment, or responsibilities to the applicant’s family. (3) Whether the applicant would be the first member of the applicant’s immediate family to attend an institution of higher education. (d) Each scholarship awarded shall be for a period of one year, subject to the requirement that no scholarship funding shall be payable as to any academic term in which the recipient fails to both maintain a course load of at least six semester units or the equivalent and meet or exceed the institution’s standards for satisfactory academic progress. For purposes of this determination, homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that institution that may be considered by the institution to alter or excuse compliance with those progress requirements. (e) No later than June 15 of each year, the community service scholarship committee of each participating high school shall notify the Student Aid Commission of the names of the scholarship recipients selected by the committee, or, alternatively, that no pupil applicants were determined by the committee to qualify for a scholarship pursuant to subdivision (c). No later than August 15 of that year, the commission shall provide funding for the subsequent academic year for each scholarship awarded pursuant to this section, in an amount equal to the amount of the undergraduate student fees charged for that school year by the University of California, except that no such allotment shall be in an amount of less than one thousand five hundred dollars ($1,500). (f) Scholarship funding provided under this article may be applied to educational costs incurred by the recipient pursuant to the applicant’s attendance at an institution of higher education. Those costs may include, but are not necessarily limited to, tuition, fees, instructional materials, and room and board. (g) Scholarships shall be funded under this article to the extent funds are made available for that purpose. (h) This article shall not be construed to prevent any participating high school or pupil from seeking private or other funding sources to supplement the amount of any scholarship or scholarships awarded under this article. Any scholarship or scholarships awarded under this article shall augment, and not supplant, student financial aid from other sources. (Amended by Stats. 2020, Ch. 285, Sec. 3. (AB 2416) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 11.5. Willie L. Brown, Jr. Community Service Scholarship Program [69730 - 69732] SECTION 69732. Source version: id_fdd9fe94-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=11.5. Each applicant for a scholarship under this article shall meet all of the following qualifications: (a) Is maintaining satisfactory educational progress, as defined in Section 35160.5. (b) Has provided volunteer service to one or more community organizations or agencies, as described in subdivision (c). (c) Is eligible to graduate from high school in the school year in which the application is made. (d) Intends to attend an institution of higher education in California during the subsequent school year, and to maintain a course load of at least six semester units or the equivalent. (e) Is a resident of California. (Added by Stats. 1989, Ch. 1188, Sec. 2. Operative July 1, 1990, by Sec. 3 of Ch. 1188.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69740. Source version: id_fddb8538-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. Unless the context requires otherwise, the definitions in this section govern the construction of this article. (a) “Commission” means the Student Aid Commission. (b) “Eligible education and training programs” means education and training programs approved by the commission that lead to eligibility for a license to practice law as a licensed attorney. (c) “Eligible expenses” means reasonable expenses associated with the costs of acquiring an education such as tuition, books, equipment, fees, room and board, and other expenses determined by the commission. (d) “Eligible participant” means a licensed attorney who has been admitted to the program and is a resident of this state and who can provide proof of residency in this state. (e) “Licensed attorney” means an attorney who resides in this state who has successfully passed the California bar examination and has been admitted to practice in this state or has otherwise been licensed to practice law in this state by the State Bar of California. (f) “Loan repayment” means a loan that is paid in full or in part if the participant renders legal services in this state in a public interest area of the law. (g) “Participant” means a licensed attorney who has been admitted to the program and has commenced practice as a licensed attorney in this state in a public interest area of the law. (h) “Program” means the Public Interest Attorney Loan Repayment Program. (i) “Public interest area of the law” means those areas of the law determined by the commission, in consultation with the advisory committee, to serve the public interest, including, but not necessarily limited to, providing direct legal service at a local (1) legal services organization, (2) prosecuting attorney’s office, (3) child support agency office, or (4) criminal public defender’s office. For the purposes of this article, a “legal services organization” is a legal services provider in California that serves a clientele over 70 percent of whom are low-income persons according to applicable federal income guidelines. (j) “Required service obligation” means an obligation by the participant to provide legal services in this state in a public interest area of the law as established pursuant to this article. (Added by Stats. 2001, Ch. 881, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69741. Source version: id_fddb853a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. The Public Interest Attorney Loan Repayment Program is established for licensed attorneys who practice or agree to practice in public interest areas of the law in this state. The program shall be administered by the commission. (Added by Stats. 2001, Ch. 881, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69741.5. Source version: id_a26f0314-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. (a) Participants in this program are eligible for a maximum of eleven thousand dollars ($11,000) in loan assistance for four years, as follows: (1) For the first year, two thousand dollars ($2,000) in loan repayment assistance. (2) For the second, third, and fourth years, three thousand dollars ($3,000) in loan repayment assistance for each year. (b) Notwithstanding any other provision of law, in any fiscal year, the commission shall award no more than the number of warrants that are authorized in the annual Budget Act for that fiscal year for the assumption of loans pursuant to this article. (Amended by Stats. 2006, Ch. 79, Sec. 28. Effective July 19, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69742. Source version: id_fddb853e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. (a) The commission shall establish eligibility criteria for participation in the program based upon need and merit. These criteria shall be based on all of the following, which are set forth in order of importance: (1) The applicant’s need, which shall be based on the applicant’s salary, personal resources, and law school debt. (2) The applicant’s commitment to public interest law, which shall be determined by examining the applicant’s employment and volunteer history, and taking into consideration a low-income applicant’s need to work while in law school. (3) The applicant’s declared interest in practicing in areas of the state where the need for public interest attorneys is high. (4) The applicant’s academic achievements. (b) The commission shall adopt initial regulations for the program within one year of the effective date of the initial appropriation funding the program. (Added by Stats. 2001, Ch. 881, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69743. Source version: id_fddd0be0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. The program is intended to supplement, and not to replace, existing loan repayment programs operated by law schools. Prior to participating in the program, an applicant shall apply for any educational loan assistance from his or her educational institution for which he or she may qualify. Only if an applicant has received no loan repayment assistance, or only partial assistance, from other available sources, may he or she apply to the program for assistance in repaying the balance of his or her educational loans. (Added by Stats. 2001, Ch. 881, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69743.5. Source version: id_fddd0be2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. The commission shall select, from the qualified applicants, the individuals who are eligible to participate in the program. After each year-long period of full-time, or full-time equivalent, employment in a public interest area of the law, the loan repayment of the eligible participant shall be made to the lender. (Added by Stats. 2001, Ch. 881, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69744. Source version: id_a2bab216-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. The commission may use the funds appropriated for the program for the purpose of loan repayments and to defray reasonable administrative costs. The commission shall annually establish the total amount of funding to be awarded for loan repayments. Allocation of funds shall be established based upon the best use of funding for that year, as determined by the commission. (Amended by Stats. 2006, Ch. 79, Sec. 29. Effective July 19, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69745. Source version: id_fddd0be6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. (a) Loans from both government sources and financial institutions may be repaid by the program. Each participant shall agree to allow the commission access to loan records and to acquire information from lenders necessary to verify eligibility and to determine payments. Loans may not be renegotiated with lenders to accelerate repayment. (b) Payments shall be made annually to the lender until the loan is repaid, fulfilled, or until the required service obligation is fulfilled and eligibility discontinues, whichever comes first. (c) If the participant discontinues practicing in a public interest area of the law, payments against the loans of the participant shall cease to be effective on the date that the participant discontinues service. (Added by Stats. 2001, Ch. 881, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69746. Source version: id_fddd0be8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. The commission is not responsible for any outstanding payments on principal and interest to any lender once a participant’s eligibility expires. (Added by Stats. 2001, Ch. 881, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 12. Public Interest Attorney Loan Repayment Program [69740 - 69746.5] SECTION 69746.5. Source version: id_a306af38-1ca4-11db-8925-a747007dacf9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=12. The commission shall submit an annual written report to the Legislature regarding this program. The report shall include, but not necessarily be limited to, all of the following data: (a) The total number of loan repayment awards made under the program in the immediately preceding fiscal year, classified by the repayment year as described in subdivision (a) of Section 69741.5. (b) The total amount of funds expended for the purposes of loan repayments, and the total amount of funds expended to defray administrative costs, in the immediately preceding fiscal year. (c) The annual and cumulative attrition rates of participants, as calculated through the end of the immediately preceding fiscal year. (Added by Stats. 2006, Ch. 79, Sec. 30. Effective July 19, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69760. Source version: id_3462d42e-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. California is hereby authorized to participate in the Federal Family Education Loan Program for eligible postsecondary students and their parents, which includes, but is not limited to, the Federal Stafford Loans, the Federal Unsubsidized Stafford Loans, the Federal Parent Loans for Undergraduate Students (PLUS), and the Federal Consolidation Loans. The programs shall be consistent with Title IV of the act of Congress entitled the “Higher Education Act of 1965” (P.L. 89-329) and extensions thereof, the Education Amendments of 1976 (P.L. 94-482), or any similar act of Congress, and the rules and regulations adopted under those acts. (Amended by Stats. 1994, Ch. 485, Sec. 1. Effective January 1, 1995. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69761. Source version: id_34b40070-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) The purposes of California’s participation in the Federal Family Education Loan Program are as follows: (1) To ensure that, in meeting their educational costs, a source of loans is available to assist the greatest number of eligible resident students. (2) To ensure that loans are available to eligible resident students that meet the criterion set forth in paragraph (1), the commission is authorized to provide a source of loans to eligible students within and outside California irrespective of their residence or the location of their educational institution, to assist them in meeting educational costs at eligible schools of their choice. (3) To accept, receive and administer the funds provided under Title IV of the “Higher Education Act of 1965,” and extensions thereof, or any similar act of Congress in any jurisdiction permitted under the Higher Education Act. (b) The Legislature finds and declares that subdivision (a), as amended during the 1999 portion of the 1999–2000 Regular Session, reflects the intent of the Legislature in enacting Chapter 961 of the Statutes of 1996, and is therefore declaratory of existing law. (Amended by Stats. 1999, Ch. 636, Sec. 3. Effective January 1, 2000. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69761.5. Source version: id_350c80b2-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The commission shall serve as a state student loan guarantee agency, pursuant to P.L. 94-482, and subsequent federal regulations, including, but not limited to, the following provisions: (a) The commission shall be the designated state agency for receiving any federal funds for administrative costs and payments of insurance obligations. (b) Educational loans to undergraduate and graduate students, or to their parent or parents, or to undergraduate and graduate students and to their parent or parents, shall not exceed the limits provided in federal law. (c) Participating educational institutions shall notify lenders and the commission of enrollment status changes and current addresses of participating students. (d) No educational institution shall lend to more than 50 percent of its undergraduate students; this provision may be waived by the United States Secretary of Education if the limitation creates a hardship for present or prospective students. (e) A student may receive a loan only if he or she is maintaining satisfactory progress in a course of study pursuant to practices of the institution in which the student is enrolled, and provided the student has not previously defaulted on any student loan. If a student has made satisfactory arrangements to repay a default on a previous student loan, the student may be eligible to receive a loan. (f) An insurance premium may be charged student borrowers not to exceed the maximum rate allowable, pursuant to federal statutes and regulations. (Amended by Stats. 1994, Ch. 485, Sec. 3. Effective January 1, 1995. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69761.7. Source version: id_355c7574-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. To promote responsible and timely repayment of guaranteed student loans, the commission shall establish a process to ensure regular, annual credit reporting on the repayment status of borrowers whose loans are guaranteed by the commission and whose paper has matured. (Amended by Stats. 1994, Ch. 485, Sec. 4. Effective January 1, 1995. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69762. Source version: id_ffa9804f-3187-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. Loans made pursuant to this chapter shall be made without regard to race, religion, creed, sex, sexual orientation, gender identity, or gender expression. (Amended by Stats. 2011, Ch. 637, Sec. 9. (AB 620) Effective January 1, 2012. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69763. Source version: id_35fe33b8-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) (1) The commission shall administer the Federal Family Education Loan Program as authorized pursuant to this chapter. The commission may enter into any contract with the United States Secretary of Education or any other federal officer or agency under Title IV of the Higher Education Act of 1965, any extension thereof, or any similar act of Congress, may cooperate with the government of the United States, or any agency or agencies thereof, in administration of the act of Congress and the rules and regulations adopted thereunder. The commission shall adopt any rules and regulations it deems necessary for the proper administration of this chapter. (2) Loans or loan guarantees issued by the commission, irrespective of the domicile of the eligible student or the location of the educational institution attended by the eligible student, prior to the effective date of amendments made to this section during the 1999 portion of the 1999–2000 Regular Session, have been determined by the Legislature to be consistent with the purposes of California’s participation in the Federal Family Education Loan Program, and within the authority of the commission to administer that program, and consistent with the intent of the Legislature in enacting Chapter 961 of the Statutes of 1996. (b) The rules and regulations adopted by the commission pursuant to this section shall include a provision authorizing the commission to impose a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) per violation against any financial or educational institution that violates any applicable law, rule, regulation, limitation, consent agreement, or school or lender agreement, relative to a state financial aid program. The rules and regulations adopted pursuant to this section shall provide all of the following: (1) No civil penalty shall be imposed against an institution without first affording that institution an opportunity to request a hearing and, if a request for a hearing is made, a hearing shall be held before a representative of the commission. (2) No civil penalty shall be imposed against an institution unless an action against that institution has been initiated pursuant to Section 30302 or 30304 of Title 5 of the California Code of Regulations. (c) Any moneys derived from the assessment of penalties pursuant to this section shall be deposited into the Student Loan Operating Fund. (Amended by Stats. 1999, Ch. 636, Sec. 4. Effective January 1, 2000. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69763.1. Source version: id_3653589a-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) If a borrower defaults on a guaranteed student loan and the lender’s default claim has been paid, the Student Aid Commission shall fulfill the collection efforts required by federal law, which includes initiating a civil suit against the borrower for repayment of the loan. (b) After the period specified in federal law for commencing action, the amount of the promissory note, plus interest and costs, may be collected by the filing of a certificate requesting judgment pursuant to subdivision (c) or by other appropriate civil action. (c) If the loan principal, interest, and predefault and collection costs are not paid when due, and there is evidence that the borrower does not intend to pay under the terms of the promissory note or promissory notes, the commission may file in the office of the Clerk of the Superior Court of Sacramento County, or any other county, a certificate specifying the amount of the loan principal, interest, and predefault and collection costs due, the name and last known address of the individual liable for the amount due, the fact that the commission has complied with all applicable state and federal laws in the computation of the amount due, and a request that judgment be entered against the individual in the amount of the loan principal, interest, and predefault and collection costs specified in the certificate. (d) Prior to the filing of the certificate, the commission shall, by mail, notify the individual of the amount that is due and of the opportunity for a hearing. If a hearing is requested, 10 days’ notice shall be given of the time and place of the hearing, which shall be held in Sacramento County or, if properly requested, the county of residence of the person requesting the hearing. The hearing shall be conducted by a referee who shall submit findings and recommendations to the director of the commission, or an authorized representative, who shall decide the matter. The decision shall be effective upon notice to the interested parties. The director of the commission, or the authorized representative, may rescind the decision and reconsider the matter for good cause shown at any time within three years after the date the disputed loan first became due, or within one year from the hearing, whichever is later. If no hearing is requested within 15 days after mailing the notice required by this subdivision, the certificate required by subdivision (b) may be filed. (Amended by Stats. 2002, Ch. 784, Sec. 90. Effective January 1, 2003. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69763.2. Source version: id_36a5703c-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) The clerk, immediately upon the filing of the certificate specified in Section 69763.1, shall enter a judgment for the people of the State of California against the individual in the amount of the loan principal, interest, and predefault and collection costs listed on the certificate. The clerk may file the judgment in the book entitled “California Student Aid Commission Judgments.” (b) Execution shall issue upon the judgment specified in subdivision (a) upon request of the Student Aid Commission in the same manner as execution may issue upon other judgments as prescribed in the Code of Civil Procedure. (c) At least 10 days before executing any writ to collect, the commission shall send notice of the intent to execute upon a writ to the borrower and to any cosigners, by certified mail, to the most recent addresses maintained in the files of the commission. Any person receiving the notice of the intent to execute upon a writ may request a hearing to contest the existence or the amount of the writ. At the request of the individual, the commission shall conduct a hearing pursuant to Section 69763.1, at which it shall be determined whether the loan principal, interest, and predefault and collection costs in the amount claimed by the commission are due and whether the individual named on the certificate is liable for the amount. If no hearing is requested, the execution shall be commenced for the garnishment of wages, the attachment of property, or other legal collection action. (Amended by Stats. 2002, Ch. 784, Sec. 91. Effective January 1, 2003. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69763.3. Source version: id_36f53dee-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. At any time before wages are garnished or a lien is placed on property, a borrower may pay the Student Aid Commission the amount of the recorded judgment, plus costs. If that payment is made, wage garnishment or the attachment of property shall not commence. The payment shall not constitute a waiver of the right to a hearing. (Added by Stats. 1991, Ch. 659, Sec. 3. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69763.4. Source version: id_3745cef0-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. If the Student Aid Commission, or an authorized agent, has reasonable cause to believe that a lien on property may be jeopardized within the 10-day notice-of-intent period, the lien may be filed without prior notice. The commission shall provide notice of the attachment of property by lien to the owner and to any other person known to be claiming an interest in the property, within 48 hours after filing, excluding Saturdays, Sundays, and the holidays specified in Section 6700 of the Government Code. Any hearing to contest the lien shall be requested within 10 days following transmittal of the notice. (Added by Stats. 1991, Ch. 659, Sec. 4. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69764. Source version: id_379611d2-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. In the event that the amount of loans applied for under this article exceeds the amount of the loans that may be guaranteed pursuant to this article, the commission may establish a system of priorities for the approval of loans. (Amended by Stats. 1989, Ch. 1113, Sec. 33.1. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69765. Source version: id_37e54344-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) The commission shall guarantee any student loan made pursuant to this article in the amount specified in federal statutes and regulations. (b) The commission shall establish the ratio of reserve funds to loans outstanding. (Amended by Stats. 1994, Ch. 485, Sec. 6. Effective January 1, 1995. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69766. Source version: id_56b970d9-027b-11de-8c19-8d947f09663e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) The Federal Student Loan Reserve Fund and the Student Loan Operating Fund are hereby created in the State Treasury. On January 1, 2000, the State Guaranteed Loan Reserve Fund shall cease to exist, and funds deposited, or required to be deposited, in that fund shall be transferred to the Federal Student Loan Reserve Fund or to the Student Loan Operating Fund and allocated to those funds in accordance with the requirements of federal law. (b) All moneys received for the purposes of this article from federal, state, or local governments, including any moneys deposited in the State Guaranteed Loan Reserve Fund, or from other private or public sources, shall be deposited in the Federal Student Loan Reserve Fund or the Student Loan Operating Fund and allocated to those funds in accordance with the requirements of federal law. Funds deposited in the Federal Student Loan Reserve Fund or the Student Loan Operating Fund are not part of the General Fund, as defined in Section 16300 of the Government Code. No moneys from the General Fund shall be deposited in the Federal Student Loan Reserve Fund or the Student Loan Operating Fund. (c) The contents of the Federal Student Loan Reserve Fund are federal funds, administered in accordance with federal laws and regulations. The contents of the Student Loan Operating Fund are state funds within the custody and control of the Student Aid Commission. (d) Notwithstanding Section 13340 of the Government Code, all moneys deposited in the Federal Student Loan Reserve Fund and the Student Loan Operating Fund are hereby continuously appropriated, without regard to fiscal years, for purposes of this article. The continuous appropriation made by this section shall be available to assume the obligation under any outstanding budget act appropriation from the State Guaranteed Loan Reserve Fund as it existed prior to January 1, 2000. On or after the operative date of Article 2.4 (commencing with Section 69521), the expenditure of funds from the Student Loan Operating Fund is subject to the limitations set forth in Sections 69522 and 69526. (e) Notwithstanding any other law, the Controller may use the moneys in the Student Loan Operating Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the Student Loan Operating Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Student Loan Operating Fund was created. (f) The total amount of all outstanding debts, obligations, and liabilities that may be incurred or created under this article or under Article 2.5 (commencing with Section 69522), including any obligation to repay to the United States any funds provided under Title IV of the “Higher Education Act of 1965,” and extensions thereof or amendments thereto, or any similar act of Congress, is limited to the amount contained in the Federal Student Loan Reserve Fund or the Student Loan Operating Fund, and the state shall not be liable to the United States, or to any other person or entity, beyond the amount contained in the Federal Student Loan Reserve Fund or the Student Loan Operating Fund for any debts, obligations, and liabilities. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 1. Effective February 20, 2009. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69766.1. Source version: id_3888d648-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) Notwithstanding Section 13340 of the Government Code, in addition to the purposes for which funds are appropriated pursuant to Section 69766, there is hereby continuously appropriated from the Federal Student Loan Reserve Fund and the Student Loan Operating Fund to the commission, the amount of funds necessary to make payments for the purchase of defaulted loans. (b) Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the Student Loan Operating Fund for transfer to the Federal Student Loan Reserve Fund, all federal reinsurance payments received on defaulted student loans and deposited in the Student Loan Operating Fund. (c) The appropriation authorized by this section shall be operative only if the annual Budget Act for the fiscal year is not chaptered on or before July 15, and shall not exceed the amount deemed by the commission to be required by federal law or regulation. The commission shall notify the Joint Legislative Budget Committee of the amount of any payments issued pursuant to this section. (Amended by Stats. 1999, Ch. 636, Sec. 6. Effective January 1, 2000. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69767. Source version: id_38d8cb0a-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The Treasurer shall invest, pursuant to statute, any surplus money in the Federal Student Loan Reserve Fund and the Student Loan Operating Fund. The interest or other accretions as a result of the investment of this money shall be deposited in the originating fund, and may be expended for those purposes authorized in this article or the Higher Education Act of 1965. (Amended by Stats. 1999, Ch. 636, Sec. 7. Effective January 1, 2000. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69768. Source version: id_392d7abc-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) The funds in the Federal Student Loan Reserve Fund and the Student Loan Operating Fund shall be paid out by the State Treasurer on warrants drawn by the Controller, or through a transfer between the Federal Student Loan Reserve Fund and the Student Loan Operating Fund, and requisitioned by the commission in carrying out the purposes of this article and the federal act. (b) The commission is hereby authorized to make advance payments from the Student Loan Operating Fund to the auxiliary organization for services rendered to the commission under Article 2.5 (commencing with Section 69522). The commission is hereby authorized to make advance payments from the Student Loan Operating Fund to the auxiliary organization for the purpose of providing funding necessary for other permitted student financial aid activities approved by the commission pursuant to a business plan adopted by the auxiliary organization and approved by the commission, provided the commission first provides the Director of Finance and the Joint Legislative Budget Committee with at least 45 days advance notice in writing that includes the amount proposed to be transferred and a description of the approved student financial aid activities and related expenditures to be undertaken. If the Director of Finance or the Joint Legislative Budget Committee notifies the commission regarding issues of concern with the proposed transfer of funds, the commission shall convene a meeting of appropriate representatives of the commission, the Department of Finance, and the Legislature to resolve those issues. Notwithstanding any other law, advance payments to the auxiliary organization and any fees charged by the auxiliary organization for services rendered to the commission pursuant to an operating agreement may be deposited with a private financial institution. (Amended by Stats. 2004, Ch. 216, Sec. 21. Effective August 11, 2004. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69769. Source version: id_3a4e2cfe-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The commission shall establish a Loan Advisory Council. The Loan Advisory Council shall be composed of 17 members, appointed by the commission, composed of representatives of students, postsecondary educational institutions, eligible lenders, and participating secondary markets. (Amended by Stats. 1998, Ch. 954, Sec. 3. Effective January 1, 1999. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69769.3. Source version: id_3a9ebe00-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) The Loan Advisory Council established pursuant to Section 69769 shall be composed of members appointed from the following groups: (1) Four representatives of the lending community participating in the Federal Family Education Loan Program. (2) One representative each from the University of California, the California State University, the California Community Colleges, a private nonprofit postsecondary education institution, and a private for-profit postsecondary education institution. (3) One representative from the California Association of Student Financial Aid Administrators. (4) Five student representatives from the same postsecondary segments listed in paragraph (2). In no event shall a student representative be appointed to serve simultaneously as the representative of more than one of these five postsecondary groups. (5) One representative from a secondary market participating in the Federal Family Education Loan Program. (6) One representative from the California Lenders for Education Association. (b) The representatives appointed by the commission pursuant to subdivision (a) shall be selected by the commission from lists provided to its chair by each group described in that subdivision. (Amended by Stats. 1998, Ch. 954, Sec. 4. Effective January 1, 1999. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69769.4. Source version: id_3aeed9d2-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. In addition to the members appointed to the Loan Advisory Council pursuant to Section 69769.3, the United States Department of Education may appoint one nonvoting representative to the council who shall serve as liaison between that department and the council. (Amended by Stats. 1998, Ch. 954, Sec. 5. Effective January 1, 1999. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69769.5. Source version: id_3b3e5964-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The Loan Advisory Council shall review the activities and policies of the Federal Family Education Loan Program and shall regularly advise the commission of its findings and recommendations. The Loan Advisory Council may request information and data that it deems appropriate from the Student Aid Commission with respect to the Federal Family Education Loan Program or any other loan program administered by the commission. (Amended by Stats. 1998, Ch. 954, Sec. 6. Effective January 1, 1999. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69769.7. Source version: id_3b8eea66-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) The Loan Advisory Council shall annually elect a chair and a vice chair from its membership. Representatives who serve on, or are employed or retained by, the commission, and the nonvoting representative appointed by the United States Department of Education, if any, are ineligible for election to these positions. (b) The chair of the Loan Advisory Council shall have the authority, in consultation with the chair of the commission, to convene meetings of the council. The chair shall also direct each council meeting and shall regularly present oral and written reports to the commission regarding the advice of the council. The vice chair of the Loan Advisory Council shall assume these responsibilities in the absence of the chair. (Amended by Stats. 1998, Ch. 954, Sec. 7. Effective January 1, 1999. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69771. Source version: id_3bdedf28-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. This article shall be applicable to the extent that its provisions do not conflict with Title IV of the Higher Education Act of 1965, or any extensions thereof, or any similar act of Congress, and the rules and regulations adopted thereunder. (Amended by Stats. 1989, Ch. 1113, Sec. 38.3. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69772. Source version: id_3c2e85ca-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The commission shall annually report on the numbers of students participating in the program, total loan volume, and the postsecondary educational institutions in which participating students are enrolled. (Amended by Stats. 1994, Ch. 485, Sec. 9. Effective January 1, 1995. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69774. Source version: id_3c7e2c6c-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. (a) The commission shall provide, with each application form for the Federal Family Education Loan Program a notice to the student informing him or her that, for purposes of collecting on a defaulted loan, the commission is entitled to seek employment, wage, and other information from the Employment Development Department on any person who defaults on a guaranteed student loan. (b) A common application form may be utilized for student loans in compliance with the program eligibility and financial forms specified in Section 69534.1. (Amended by Stats. 1994, Ch. 485, Sec. 10. Effective January 1, 1995. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69775. Source version: id_3ccdabfe-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The commission shall develop and distribute in cooperation with postsecondary educational institutions and private lenders, simple, common consumer information for prospective student borrowers. (Amended by Stats. 1981, Ch. 847, Sec. 8. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69776. Source version: id_3d287630-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The commission may contract for all or part of administrative support services. (Added by Stats. 1977, Ch. 1201. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69776.5. Source version: id_3d7adbf2-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The commission may enter into contracts with a public agency or a private entity to improve the processing and distribution of guaranteed student loan applications through the use of electronic networks and unified data bases. (Added by Stats. 1984, Ch. 501, Sec. 3. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69777. Source version: id_3dcd1aa4-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The commission shall encourage private lenders to increase participation in the guaranteed student loan program. (Added by Stats. 1977, Ch. 1201. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 13. Federal Family Education Loan Program [69760 - 69779] SECTION 69779. Source version: id_3e2091d6-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=13. The General Fund shall not be liable for any student loan made prior to the effective date of the chapter which enacts this section. (Added by Stats. 1977, Ch. 1201. Repealed conditionally by Stats. 2007, Ch. 184, Secs. 2 and 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 14. Military and Veterans Offices [69785 - 69786] SECTION 69785. Source version: id_63ee7682-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=14. (a) The California Community Colleges and the California State University may, and the University of California is encouraged to, coordinate services for qualified students who are veterans or members of the military by clearly designating Military and Veterans Offices and individuals to provide services, including, but not limited to, all of the following: (1) Financial aid counseling. (2) Academic outreach, admission, and enrollment planning. (3) Transition concerns. (4) Postgraduate planning. (5) Health and mental health services. (6) Provide tutoring and other learning support services. (7) Provide career counseling. (b) The purpose of these Military and Veterans Offices shall be to encourage and facilitate the use of the services listed in paragraphs (1) to (7), inclusive, of subdivision (a) and to assist a qualified student in determining that student’s eligibility for state or federal educational financial aid. (c) For purposes of this article, “qualified student” means a student who is any of the following: (1) An active duty member of any of the following: (A) The Armed Forces of the United States. (B) The California National Guard. (C) A reserve component of the Armed Forces of the United States. (2) A veteran of the Armed Forces of the United States. (3) A family member of a person described in paragraph (1) or (2). For the purposes of this paragraph, “family member” means an individual who is a legal dependent under 28 years of age of a person described in paragraph (1) or (2) living in the household of that person and eligible to be claimed as a dependent on federal or state tax returns. (Added by Stats. 2008, Ch. 123, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 14. Military and Veterans Offices [69785 - 69786] SECTION 69786. Source version: id_64853844-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=14. The California Community Colleges and the California State University may, and the University of California is encouraged to, report to the Department of Veterans Affairs, on an annual basis, all of the following information: (a) The number of qualified students assisted by a Military and Veterans Office. (b) The number of qualified students assisted who are active duty members of the Armed Forces of the United States, the California National Guard, or a reserve component of the Armed Forces of the United States, or are veterans of the Armed Forces of the United States. (c) The total education benefits obtained by all qualified students assisted by an office. (Added by Stats. 2008, Ch. 123, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 14.5. Private Student Loans [69800 - 69801] SECTION 69800. Source version: id_173dfbdb-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=14.5. A public, private, or independent postsecondary educational institution, except the California Community Colleges, shall do all of the following: (a) (1) State both of the following in all printed and online financial aid materials issued or distributed by the institution to applicants for admission or matriculated students and with private loan applications provided or made available by the institution: (A) Federal student loans are required by law to provide a range of flexible repayment options, including, but not limited to, income-based repayment and income-contingent repayment plans, and loan forgiveness benefits, which other student loans are not required to provide. (B) Federal direct loans are available to students regardless of income. (2) The institution may continue to use financial aid materials that are printed before January 1, 2013, if the institution includes an insert with the printed material that provides the information required in paragraph (1). All financial aid materials printed on or after January 1, 2013, shall include the information required in paragraph (1). (b) Clearly distinguish private loans from federal loans in individual financial aid awards by stating, for any private loans included by the institution as part of the institution’s award package, all of the following: (1) Whether the rate is fixed or variable. (2) An explanation that private student loan lenders can offer variable interest rates that can increase or decrease over time, depending on market conditions. (3) An explanation that private student loans have a range of interest rates and fees and students should determine the interest rate of, and any fees associated with, the private student loan included in their financial aid award package before accepting the loan. (4) An explanation that students should contact the lender of the private student loan or their postsecondary educational institution’s financial aid office if they have any questions about a private student loan. (5) An explanation that the interest rate on a private loan may depend on the borrower’s credit rating. (c) If the institution provides a private loan lender list, it also shall provide general information about the loans available through the lender and disclose the basis for each lender’s inclusion on the list. The institution shall also disclose with the list that the student has the ability to choose any lender. (d) (1) Make available to the public upon request and in a prominent location on its Internet Web site within 12 months of a completed academic year the following information concerning graduates and student loan debt: (A) The number of students who started as first-time postsecondary students at the institution and received a certificate, associate’s degree, or bachelor’s degree during that academic year. For purposes of this section, “academic year” means the most recently completed federal award year of July 1 to June 30. (B) (i) For each type of credential specified in subparagraph (A), the number and percentage of the students identified pursuant to subparagraph (A) who borrowed at any time while enrolled at the institution through any student loan program, including, but not necessarily limited to, institutional loans, state loans, federal Perkins loans, federal Stafford subsidized and unsubsidized loans, and private loans that were certified by the institution, including both federal direct student loans and federal family education loans. (ii) The total principal borrowed for each type of credential in those loans described in clause (i). (C) (i) For each type of credential specified in subparagraph (A), the number and percentage of the students identified pursuant to subparagraph (A) who borrowed at any time while enrolled at the institution through a federal student loan program, including, but not necessarily limited to, federal Perkins loans, federal Stafford subsidized and unsubsidized loans, federal direct student loans, and federal family education loans, but excluding institutional loans, state loans, and private loans. (ii) The total principal borrowed for each type of credential in those loans described in clause (i). (D) The average cumulative principal borrowed by those students counted for purposes of the calculations required by subparagraphs (B) and (C) by credential type, calculated by dividing the sum identified in clause (ii) of each of those subparagraphs for each type of credential by the number of that type of credential issued for students receiving the loans described in the respective subparagraph. (2) For purposes of this subdivision, “loans” shall include cosigned loans that financed a student’s own enrollment or attendance, but shall not include parental loans. (Amended by Stats. 2015, Ch. 632, Sec. 1. (AB 721) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 14.5. Private Student Loans [69800 - 69801] SECTION 69800.2. Source version: id_47c8e8ee-ca37-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=14.5. (a) Before certifying a borrower’s eligibility for a private student loan, a public, private, or independent postsecondary educational institution shall provide to the student information concerning all unused state and federal financial assistance, including unused federal student loan moneys available to that student. (b) An institution that does not participate in federal student loan programs shall inform students that the institution does not participate in federal loan programs and that students may be eligible for federal loans at a participating institution. The institution shall provide the student with information regarding the Cal Grants Web link on the California Student Aid Commission’s Internet Web site and the Federal Student Aid Web link on the United States Department of Education’s Internet Web site. (Amended by Stats. 2016, Ch. 86, Sec. 70. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 14.5. Private Student Loans [69800 - 69801] SECTION 69800.5. Source version: id_1c3b24fd-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=14.5. The California Community Colleges may, and are requested to, comply with the provisions of Section 69800. (Amended by Stats. 2015, Ch. 632, Sec. 3. (AB 721) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 14.5. Private Student Loans [69800 - 69801] SECTION 69801. Source version: id_82130c0e-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=14.5. This article shall apply to the University of California only to the extent that the Regents of the University of California act, by resolution, to make it applicable. (Added by Stats. 2012, Ch. 623, Sec. 1. (SB 1289) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 15. Forfeiture of State Aid to Students [69810 - 69813] SECTION 69810. Source version: id_06cb63fa-937d-11dc-bcda-cee9be70ccb9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=15. In accepting a scholarship, loan, fellowship, grant-in-aid, or any other financial aid given or guaranteed by the state for assistance, every recipient thereof who is a student at a public or private university, college, or other institution of higher education, shall be deemed to have agreed to observe the rules and regulations promulgated by the governing authority of the university, college, or other institution of higher education, for the government thereof. Any recipient of this state financial aid who, on the campus of the university, college, or other institution of higher education, willfully and knowingly commits any act likely to disrupt the peaceful conduct of the activities of the campus, and is arrested and convicted of a public offense arising from the act, may be determined to be ineligible for any state financial aid for a period not to exceed the ensuing two academic years. Any recipient of this state financial aid who, after a hearing, is found to have willfully and knowingly disrupted the orderly operation of the campus, but has not been arrested and convicted, may be determined to be ineligible for any state financial aid for the period as the hearing board may determine, not to exceed the ensuing two academic years. Any recipient who is suspended from an institution of higher education for these acts shall be ineligible for state financial aid for a period not less than the time of the suspension. The governing authority of the university, college, or other institution of higher education shall, for purposes of this section, cause to be reviewed the record of each recipient and shall, as soon as practicable, notify a hearing board established by it of the name of any recipient who committed any act likely to disrupt the peaceful conduct of the activities of the campus and was arrested and convicted of any public offense arising from that act, or is found to have willfully and knowingly disrupted the orderly operation of the campus, or has been suspended from an institution of higher education for these acts. (Amended by Stats. 1987, Ch. 678, Sec. 1. Operative January 1, 1993, by Stats. 1987, Ch. 678, Sec. 4. Note: Pursuant to Sec. 4 of Ch. 678, this section, in its previous form, was inoperative from Jan. 1, 1988, until Jan. 1, 1993, when it resumed operation in this amended form.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 15. Forfeiture of State Aid to Students [69810 - 69813] SECTION 69811. Source version: id_0734fb3c-937d-11dc-bcda-cee9be70ccb9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=15. Upon receipt of notice, as provided in Section 69810 that any recipient has committed any act likely to disrupt the peaceful conduct of the activities of the campus and was convicted of a public offense in connection therewith, or is found to have willfully and knowingly disrupted the orderly operation of the campus, or has been suspended from an institution of higher education for these acts, the hearing board shall immediately give the recipient written notice of the report. The notice shall inform the recipient of the pendency of the proceedings for the suspension of assistance. It shall inform the recipient that he may present evidence of mitigating circumstances to the hearing board within 14 calendar days of the date of the mailing of the notice, and shall specify the procedures and means by which such evidence is to be presented, including the date at which any hearing to be afforded him is to be held. The hearing board may prescribe any procedures and means for these purposes which it may deem appropriate, provided that any hearing which may be afforded the recipient shall not be held sooner than seven days after the date of the mailing of the notice. If no response to the hearing board’s notice is made within the period specified in this section, the hearing board may suspend further assistance to the recipient and the suspension shall remain in effect not to exceed the ensuing two academic years. After the conclusion of proceedings provided for in this section, the hearing board shall, by majority vote, determine whether further assistance to the recipient shall be suspended. If the recipient was arrested and convicted of a public offense arising from campus disruption, the suspension may remain in effect for a period not to exceed the ensuing two academic years. If the recipient is found by the hearing board to have willfully and knowingly disrupted the orderly operation of the campus, but has not been arrested and convicted, the hearing board may suspend further assistance to the recipient for the period as the hearing board may determine not to exceed the ensuing two academic years. If the recipient was suspended from an institution of higher education for these acts, the hearing board shall suspend further assistance to the recipient for a period not less than the time of the suspension. The findings of the hearing board shall be in writing. The hearing board shall notify the appropriate state agencies of any suspension of state financial aid pursuant to this section, and no state financial aid shall be extended to the recipient during this period. Any notice required to be made by this section shall be sufficient when it is deposited in the United States registered or certified mail, postage paid, addressed to the last known address of the addressee. (Amended by Stats. 1987, Ch. 678, Sec. 2. Operative January 1, 1993, by Stats. 1987, Ch. 678, Sec. 4. Note: Pursuant to Sec. 4 of Ch. 678, this section, in its previous form, was inoperative from Jan. 1, 1988, until Jan. 1, 1993, when it resumed operation in this amended form.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 15. Forfeiture of State Aid to Students [69810 - 69813] SECTION 69812. Source version: id_0792366e-937d-11dc-bcda-cee9be70ccb9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=15. Nothing in this article shall be construed to prohibit any public or private university, college, or other institution of higher education from suspending or refusing to grant scholarships, loans, fellowships, grants-in-aid, or any other financial aid given or guaranteed by the state for academic assistance to any individual because of any other misconduct that in its judgment bears adversely on his or her fitness for the assistance. (Amended (as to be amended by Stats. 1987, Ch. 678) by Stats. 1989, Ch. 1113, Sec. 40.3. Amendments operative January 1, 1993, pursuant to Stats. 1987, Ch. 678, Sec. 4. Note: Sec. 4 of Ch. 678 made this section inoperative from January 1, 1988, until January 1, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 15. Forfeiture of State Aid to Students [69810 - 69813] SECTION 69813. Source version: id_fdeac7e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=15. For the purposes of this article, “state financial aid” means any assistance given or guaranteed by the state that is predicated on attendance at an institution of higher education. (Amended by Stats. 1989, Ch. 1113, Sec. 40.5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 16. College Access Tax Credit Awards [69840- 69840.] SECTION 69840. Source version: id_30945659-8954-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=16. (a) As used in this section, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (2) “Fund” means the College Access Tax Credit Fund established pursuant to Section 17053.87 of the Revenue and Taxation Code. (3) “HBCUs” means the colleges and universities listed as “Historically Black Colleges and Universities” by the National Center for Education Statistics. (4) “Participating students” means students who have completed the associate degree for transfer pathway, are enrolled at a partnered HBCU, and qualify to receive an award pursuant to this section. (5) “Partnered HBCUs” means HBCUs that satisfy all of the following: (A) Have associate degree for transfer memoranda of understanding on file with the chancellor’s office. (B) Satisfy subparagraphs (C) and (F) of paragraph (3) of subdivision (l) of Section 69432.7. (C) Are regionally accredited by an agency recognized by the United States Department of Education. (6) “Postsecondary costs” means any costs of attendance of participating students at partnered HBCUs. (b) The moneys allocated to the commission pursuant to Section 17053.87 of the Revenue and Taxation Code shall be available for the purpose of making awards for participating students pursuant to this section. (c) (1) Commencing with the 2024–25 award year, the commission may make disbursements of awards from the moneys allocated to the commission directly to partnered HBCUs for postsecondary costs of their participating students. (2) A participating student may only receive one award pursuant to this section in an amount that does not exceed five thousand dollars ($5,000), as determined by the commission based on the availability of moneys allocated to the commission and the financial need of the student. (3) In making awards pursuant to this section, the commission shall give priority to students with the greatest unmet financial need, as defined in subdivision (b) of Section 69432.9, who do not exceed the maximum household income and asset level for an applicant for a Cal Grant B award, as set forth in Section 69432.7. (4) An award under this section is payable only to the extent that moneys are available from the fund. The commission shall inform each recipient of an award under this section that the award is a one-time grant. (5) A participating student shall file a statement of intent form stating that the student will enroll at a partnered HBCU and return to California after graduation from a partnered HBCU. (d) The commission may make disbursements in any fiscal year in which it determines there are sufficient funds. If the commission determines it would be in the best interest of the program, the commission may roll over moneys allocated to the commission for disbursement in future fiscal years. (e) If, after making awards pursuant to subdivision (c), moneys remain in the fund, those moneys shall remain in the fund for allocation in future fiscal years. (f) The commission may adopt regulations for purposes of implementing and administering this section. (Added by Stats. 2023, Ch. 278, Sec. 3. (AB 1400) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 17. Federal Workforce Pell Grant Program [69870 - 69876] SECTION 69870. Source version: id_9b4e0388-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=17. For purposes of this article, the following definitions apply: (a) “Commission” means the Student Aid Commission. (b) “Participating institution” means a federal Workforce Pell Grant-eligible postsecondary educational institution that offers a short-term program and enrolls students living in the state in a short-term program. (c) “Postsecondary educational institution” means a campus of the University of California, the California State University, or the California Community Colleges, a private postsecondary educational institution defined in Section 94858, or an independent institution of higher education defined in Section 66010. (d) “Short-term program” means an educational program offered by a participating institution that includes 150 to 599, inclusive, hours of instruction, or an equivalent number of credit hours, over 8 to 14 weeks, inclusive. (e) “Workforce Pell Grant program” means the federal program established pursuant to Public Law 119-21, under which federal Workforce Pell Grants may be awarded to students enrolled in a short-term program at a participating institution. (Added by Stats. 2026, Ch. 79, Sec. 11. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 17. Federal Workforce Pell Grant Program [69870 - 69876] SECTION 69871. Source version: id_9b4e038a-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=17. The Employment Development Department shall provide a list of high-skill, high-wage, or in-demand industry sectors or occupations to the Labor and Workforce Development Agency every two years concurrent with the development and modification of the state plan required by the federal Workforce Innovation and Opportunity Act (Public Law 113-128). The first list shall be submitted on or before October 1, 2026. To fulfill this requirement, the Employment Development Department may use the list updated on or before July 1, 2026, as required by the federal Workforce Innovation and Opportunity Act. After providing the list to the California Workforce Development Board at a meeting of the board, the Labor and Workforce Development Agency shall promptly provide the list to the commission for its consideration in determining whether to approve a short-term program pursuant to this article. The commission shall also publicly post this list on its internet website. (Added by Stats. 2026, Ch. 79, Sec. 11. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 17. Federal Workforce Pell Grant Program [69870 - 69876] SECTION 69872. Source version: id_9b4e038c-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=17. (a) The commission, on behalf of the Governor, shall determine whether a participating institution’s short-term program meets the requirements established pursuant to this article and shall consult with the California Workforce Development Board on the process that will be used to make those determinations. (b) Before approving any short-term program pursuant to this article, the commission shall consult with the California Workforce Development Board and the Labor and Workforce Development Agency on the short-term programs that the commission is proposing to approve, which may include, but not be limited to, presenting at a meeting of the California Workforce Development Board a list of short-term programs that the commission is proposing to approve. (c) (1) A participating institution seeking a determination that one or more of its short-term programs meets the requirements of the Workforce Pell Grant program shall provide all of the following to the commission in a manner prescribed by the commission: (A) Documentation that the short-term program meets all requirements set forth in Section 83002(b) of Public Law 119-21 and any applicable federal or state law or regulation. (B) Documentation that demonstrates the methodology and implementation plan for maintaining ongoing compliance with all requirements set forth in Section 83002(b) of Public Law 119-21, including a description of how and what data will be collected to demonstrate ongoing compliance. (C) A completed Workforce Pell Grant program application, as developed by the commission, and any associated documentation, data, and certifications that are required as part of its submission in accordance with regulations adopted by the commission pursuant to Section 69873. (D) Documentation that the short-term program does all of the following: (i) Provides an education aligned with the requirements needed for work in the sectors or occupations identified pursuant to Section 69871, including identifying the specific sector or occupation on the list the program aligns with. (ii) Meets the hiring requirements of employers in the sectors or occupations identified pursuant to Section 69871. (iii) Leads to a recognized postsecondary credential that is stackable and portable across more than one employer or prepares students enrolled in the short-term program for employment in an occupation for which there is only one recognized postsecondary credential and that awards students the credential upon completion of the short-term program. (iv) Prepares students to pursue one or more certificates or degrees at a postsecondary educational institution by ensuring that, upon completion of the short-term program and enrollment in a related certificate or degree program, a student will receive academic credit that an institution will accept toward that certificate or degree and the academic credit will be accepted toward meeting the certificate or degree program requirements. (2) The office of the Chancellor of the California State University and the office of the Chancellor of the California Community Colleges shall, and the office of the President of the University of California is requested to, coordinate the submission of applications seeking Workforce Pell Grant program eligibility for the institutions under their authority rather than the institutions separately submitting applications directly to the commission. This coordination is intended to improve efficiency in the submission and processing of applications and to eliminate duplicative submissions. All other submissions shall be made directly to the commission. (d) (1) A participating institution seeking a determination that one or more of its short-term programs meets the requirements of the Workforce Pell Grant program shall collect all of the following data: (A) Program-level data, including all of the following: (i) The name of the short-term program. (ii) The Classification of Instructional Programs code and title. (iii) The total number of students that enrolled in the short-term program during the previously completed federal financial aid award year, the students’ state of residence for financial aid purposes, and the number of those students that completed the short-term program. (iv) The total cost of attendance, including tuition and fees, and the average cost of the short-term program. (v) The median earnings and percentage of graduates who are employed. (vi) The number of students who completed the short-term program that are employed in a position related to the short-term program and a list of the positions and employers that are considered to be in the program’s field of study, if available. To the extent that the list would result in individual students becoming readily identifiable, that information shall be treated similarly to student-level data and confidential data pursuant to subparagraph (C). (B) Student-level data necessary for participating institutions to perform calculations demonstrating a program meets federal and state Workforce Pell Grant program requirements, including, but not limited to, both of the following: (i) Demographic information, including, but not limited to, student identifiers, names, and dates of birth. (ii) Financial aid information, including, but not limited to, aid amounts, including federal, state, and institutional aid, Pell Grant recipient status, net cost, tuition, and fees. (C) Program-level and student-level data shall be used by participating institutions seeking Workforce Pell Grant program eligibility to demonstrate that they meet all state and federal requirements. To protect student privacy, participating institutions seeking eligibility shall provide to the commission only program-level data and calculations performed using student-level data. Individual student-level data and any confidential data may only be shared with the commission if it is deidentified by the participating institution and critical to demonstrating Workforce Pell Grant program initial or continued eligibility. (D) Participating institutions shall continue to collect program-level and student-level data necessary to demonstrate initial and continued eligibility to ensure the institutions are able to provide sufficient evidence, upon request of the federal government, that they meet federal program performance, outcome, and other requirements. To the extent that such data is needed by the commission to verify continued Workforce Pell Grant program eligibility, the data-sharing limitations described subparagraph (C) shall apply. (2) (A) (i) Participating institutions shall use data available under the authority provided in Section 1095 of the Unemployment Insurance Code to demonstrate compliance with federal and state Workforce Pell Grant program requirements. To the extent necessary to carry out the activities described in this section, data agreements executed under the authority provided in Section 1095 of the Unemployment Insurance Code may be modified to include data necessary to determine Workforce Pell Grant program eligibility. (ii) The office of the Chancellor of the California State University and the office of the Chancellor of the California Community Colleges shall, and the office of the President of the University of California is requested to, coordinate data sharing with the Employment Development Department on behalf of the participating institutions under their authority using data available pursuant to Section 1095 of the Unemployment Insurance Code. (iii) The entities in clause (ii) may amend data-sharing agreements executed under the authority provided in Section 1095 of the Unemployment Insurance Code with the Employment Development Department to allow for the redisclosure of data to the participating institutions under their authority to enable them to demonstrate initial or continued eligibility by meeting all federal and state requirements. (B) (i) Participating institutions interested in seeking Workforce Pell Grant program eligibility without existing data-sharing agreements with the Employment Development Department pursuant to Section 1095 of the Unemployment Insurance Code to demonstrate compliance with federal and state Workforce Pell Grant program requirements shall submit a letter of interest to the commission and the Office of Cradle-to-Career Data on or before December 15, 2026, and on or before December 15 of each year thereafter, to the extent that legislation described in clause (iii) has not yet been enacted, expressing their interest in seeking Workforce Pell Grant program eligibility. The letter of intent shall indicate the number and name of the programs seeking eligibility, the specific sector or occupation on the list prepared pursuant to Section 69871 each program aligns with, and the average class size for each program. (ii) To the extent letters of interest are submitted, the commission and the Office of Cradle-to-Career Data shall jointly submit a report to the Department of Finance and the Legislature summarizing those letters. The report may also include a recommended plan for how data equivalent to the data described under Section 1095 of the Unemployment Insurance Code may be provided to participating institutions seeking data to demonstrate initial or continued Workforce Pell Grant program eligibility by meeting all federal and state requirements. The commission and the Office of Cradle-to-Career Data may consult with the Employment Development Department if a recommended plan is developed. This report shall be submitted to the Department of Finance and the Legislature pursuant to Government Code Section 9795. (iii) Applications seeking Workforce Pell Grant program eligibility from participating institutions without existing data-sharing agreements with the Employment Development Department pursuant to Section 1095 of the Unemployment Insurance Code may not be accepted before the adoption of legislation specifying the process by which data equivalent to the data described under Section 1095 of the Unemployment Insurance Code shall be provided to participating institutions seeking Workforce Pell Grant program eligibility. (e) The commission shall not authorize a participating institution to receive Workforce Pell Grant program funds for a short-term program unless all of the following conditions have been met: (1) The commission determines that the short-term program meets the requirements set forth in Section 83002(b) of Public Law 119-21, and as implemented through any applicable federal or state law or regulation. (2) The participating institution has met the requirements of subdivisions (c) and (d). (3) The participating institution is accredited by an agency that is recognized and approved by the United States Department of Education and that reviews and provides accreditation for short-term programs. (4) The short-term program has been offered by the participating institution for at least one year before the date that the participating institution submitted its request for an eligibility determination pursuant to this article. (f) (1) The commission shall make a determination on the approval of a participating institution’s eligibility for the Workforce Pell Grant program and provide written notice of its decision, including any reasons for disapproval, within 90 days of receiving the participating institution’s application for an eligibility determination and completed participation agreement. (2) (A) (i) The commission shall establish an appeal process for an otherwise qualifying institution that fails to satisfy the requirements of subdivision (c) or (d), or both, for participation in the Workforce Pell Grant program. (ii) The commission shall only consider an appeal on the basis of a technical error in the reporting of data required for an eligibility determination for participation in the Workforce Pell Grant program pursuant to subdivision (c). (B) The commission shall respond to an appellant within 60 days of receiving the appeal and all associated documentation, including any updated data, that is relevant to the appeal. The commission may request additional information from the institution as necessary to complete its review of the appeal. The 60-day deadline may be extended upon agreement of the commission and the appellant, or upon a demonstration of good cause by the commission. (g) The commission shall revoke the approval of a short-term program related to the Workforce Pell Grant program if any of the following occurs: (1) The participating institution fails to meet the requirements of subdivision (c) or (d) in any award year. (2) The participating institution is determined by a court or the California State Auditor to have engaged in unlawful, unfair, or fraudulent business acts or practices, including unfair, deceptive, untrue, or misleading statements related to the short-term program. (3) The participating institution fails to provide data to the Office of Cradle-to-Career data pursuant to Section 69875. (h) The commission shall publicly notify students enrolled in qualifying short-term programs of their rights as recipients of a Workforce Pell Grant. (Added by Stats. 2026, Ch. 79, Sec. 11. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 17. Federal Workforce Pell Grant Program [69870 - 69876] SECTION 69873. Source version: id_9b4e2a9e-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=17. (a) The commission shall adopt regulations, including any amendments to regulations, necessary to implement the Workforce Pell Grant program. (b) The commission may adopt emergency regulations it deems necessary to implement the Workforce Pell Grant program, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations or amendments to those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. (c) Notwithstanding any other law and without further compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), any emergency regulations and amendments to the emergency regulations adopted pursuant to subdivision (b) shall remain in force and effect until December 1, 2027, or until the commission adopts permanent regulations pursuant to subdivision (a). (Added by Stats. 2026, Ch. 79, Sec. 11. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 17. Federal Workforce Pell Grant Program [69870 - 69876] SECTION 69874. Source version: id_9b4e2aa0-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=17. (a) (1) The commission shall submit a report to the Department of Finance, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review on or before October 1, 2027, and on or before October 1 of each year thereafter, that lists all institutions seeking an eligibility determination pursuant to this article, the specific short-term programs assessed for eligibility, and the final eligibility determination for each program assessed. (2) The commission shall distinguish between short-term programs that have received commission approval before review by the United States Department of Education and short-term programs that have received final eligibility decisions from the United States Department of Education in the reports submitted pursuant to paragraph (1). (b) (1) The commission shall present an interim report on or before August 30, 2028, and a final report on or before August 30, 2030, at a meeting of the commission that evaluates the Workforce Pell Grant program and includes the following information: (A) A list of institutions and programs that the commission has determined as meeting federal and state eligibility requirements for participation in the Workforce Pell Grant program. (B) An assessment of the amount of Workforce Pell Grant program moneys benefitting California, program completion rates, and job placement rates reported by institution, program type, and year. (2) The commission shall submit the reports described in paragraph (1) to the Department of Finance, the Assembly Committee on Budget, and the Senate Committee on Budget and Fiscal Review no later than one week after each report is presented at a meeting of the commission. (3) The commission may enter into an agreement with the Office of the Cradle-to-Career Data to assist with the preparation of the interim and final reports described in paragraph (1). The Office of Cradle-to-Career shall not provide individual student-level data or confidential data to the commission for the completion of these reports. Any other data shared shall be consistent with applicable federal and state laws regarding access to and confidentiality of student record information, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (Added by Stats. 2026, Ch. 79, Sec. 11. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 17. Federal Workforce Pell Grant Program [69870 - 69876] SECTION 69875. Source version: id_9b4e2aa2-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=17. (a) (1) A participating institution seeking or obtaining Workforce Pell Grant program eligibility shall provide program-level and student-level data required pursuant to Section 69872, and any data or outcome metrics used to justify initial or continued eligibility, to the Office of the Cradle-to-Career Data. (2) The office of the Chancellor of the California State University and the office of the Chancellor of the California Community Colleges shall, and the office of the President of the University of California is requested to, coordinate with the Office of Cradle-to-Career Data on behalf of their respective participating institutions to submit the required data to the California Cradle-to-Career Data System using existing legal and data-sharing agreements. (3) A participating institution, excluding an institution covered under paragraph (2), shall provide data in a manner and procedure established by the Office of Cradle-to-Career Data. The manner and procedure, and any related guidance or manuals, outlined by the Office of Cradle-to-Career Data to implement this section shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (b) (1) A participating institution shall ensure that any confidential student information or student-level data collected for purposes of this article is disclosed to the Office of Cradle-to-Career Data, consistent with applicable federal and state laws regarding access to, and confidentiality of, student record information, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (2) Pursuant to Section 10872, information disclosed to the Office of Cradle-to-Career Data is not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) The Office of Cradle-to-Career Data may publicly disclose any information submitted by a participating institution subject to, and in compliance with, all applicable state and federal privacy law. (Added by Stats. 2026, Ch. 79, Sec. 11. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 17. Federal Workforce Pell Grant Program [69870 - 69876] SECTION 69876. Source version: id_9b4e2aa4-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=17. (a) In addition to its authority under existing state law, the Office of Cradle-to-Career Data may carry out its duties under the Workforce Pell Grant program. (b) The Office of Cradle-to-Career Data shall provide the data necessary to carry out its duties under this article to either the participating institutions or the commission, consistent with applicable federal and state laws concerning access to and confidentiality of student record information, to implement the Workforce Pell Grant program. Student level data shall be deidentified to protect student privacy. (Added by Stats. 2026, Ch. 79, Sec. 11. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69950. Source version: id_228e1783-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. (a) As used in this article, unless the context requires otherwise, the following definitions apply: (b) “Program” means the Learning-Aligned Employment Program created pursuant to this article. (c) “Public postsecondary educational institution” or “institution” means a campus of the University of California, the California State University, or the California Community Colleges. (Repealed and added by Stats. 2021, Ch. 144, Sec. 33. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69951. Source version: id_86668c1d-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. The Leaning-Aligned Employment Program is hereby created to provide eligible college and university students with the opportunity to earn money to help defray their educational costs, while gaining education-aligned, career-related experience. The program shall be administered by the commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges. The Legislature finds that the program furthers the interests of the state, and specifically lessens the burdens of government by ensuring eligible college and university students can pursue higher education in the state. (Amended by Stats. 2021, Ch. 144, Sec. 34. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69952. Source version: id_8e396a7f-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. (a) A postsecondary educational institution currently eligible to participate in state-funded student financial aid programs pursuant to this chapter or in federal financial aid programs is eligible and strongly encouraged to participate in the program. (b) Before participating in the program, each institution shall sign an institutional agreement with commission acknowledging its willingness to administer the program pursuant to this article and guidance developed by the commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges. The agreement shall include the procedures that the institution shall use to ensure that each learning-aligned employment position is related to the student’s area of study or career interests. (c) Each participating public postsecondary educational institution shall be required, as a condition of participation in the program, to comply with such auditing or other fiscal reporting requirements as the commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges, may establish. These requirements shall be applied by the commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges, so as to ensure that no payments received pursuant to this article are applied to the general aid or support of the institution. (Amended by Stats. 2021, Ch. 144, Sec. 35. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69954. Source version: id_9609b0d1-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. All of the following entities shall be eligible to employ students participating in the program: (a) Research centers and institutions operated by public postsecondary educational institutions, if their learning-aligned employment opportunities provide participating students with direct opportunities to participate in the research that is undertaken by the respective research centers and institutions. (b) Public schools operated by school districts, county superintendents of schools, the Department of the Youth Authority, or the department. (c) Nonsectarian, nonpolitical organizations or corporations, whether nonprofit or for-profit enterprises licensed to conduct business in the state, if they are capable of providing participating students with full-time employment opportunities, or opportunities to connect with other employers capable of providing participating students with full-time employment opportunities, within their areas of study after graduation. (Amended by Stats. 2021, Ch. 144, Sec. 36. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69956. Source version: id_9dd49ff3-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. (a) A student from an underrepresented background satisfying all of the following criteria shall be eligible to participate in the program: (1) Enrollment on at least a half-time basis at a participating public postsecondary educational institution. (2) Resident classification pursuant to Part 41 (commencing with Section 68000). (3) Demonstrated maintenance of satisfactory academic progress in a program leading to a degree or a certificate, as determined by the public postsecondary educational institution in which the student is enrolled, applying standards of eligibility for federal financial aid. For purposes of this determination, homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are unable to meet the requirements deemed to constitute “satisfactory academic progress” at that institution that may be considered by the institution to alter or excuse compliance with the progress requirements. (4) Demonstrated financial need, as determined by the financial aid office of the institution in which the student is enrolled pursuant to the methodologies approved by the United States Department of Education for use in awarding funds provided under Title IV of the federal Higher Education Act of 1965, as amended. If individual circumstances affect the ability of the student or the student’s family to contribute to the student’s total financial resources, the financial aid administrator may make reasonable individualized adjustments to the computed total applicant resources. (b) Each participating public postsecondary educational institution shall prioritize for available learning-aligned employment opportunities under the program an eligible student who is a first generation college student, a current or former foster youth, homeless, or at risk of being homeless. Each participating institution shall further prioritize for available learning-aligned employment opportunities an eligible student meeting this priority criteria who is also majoring in a science, technology, engineering, or mathematics discipline. (Amended by Stats. 2021, Ch. 144, Sec. 37. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69958. Source version: id_a5a95315-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. (a) Each participating public postsecondary educational institution shall collaborate with local employers to identify learning-aligned employment opportunities that are located near the institution, aligned with the areas of study offered by the institution, and aligned with an eligible student’s area of study. Each learning-aligned employment position identified by an institution shall be reviewed by the appropriate institution’s staff to determine whether it satisfies all of the conditions specified in Section 69960. (b) Once the public postsecondary educational institution has identified a learning-aligned employment position, the employer and the institution shall execute a written agreement that confirms the employer’s eligibility to participate in the program and its willingness to comply with all program requirements, and specifies the responsibilities of each of the parties. The agreement shall be subject to annual renewal by mutual agreement of the institution and the employer. (c) Following execution of the agreement pursuant to subdivision (b), the employer may interview prospective students. The institution shall provide the employer and each applicant for the learning-aligned employment position with adequate information to facilitate a student’s potential employment. If the priorities specified in Section 69959 have been met, the employer may indicate the employer’s hiring preferences. An employer shall not discriminate between applicants on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code, or subject any applicant to any other discriminatory practices prohibited by state or federal law. (Amended by Stats. 2021, Ch. 144, Sec. 38. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69959. Source version: id_ad772867-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. Both of the following priorities shall be followed at the time of job referral and placement: (a) A student shall only be placed in an educationally beneficial position that relates to the student’s area of study, career objective, or the exploration of career objectives. (b) The program shall include and emphasize placements for students with employers that are capable of providing them with full-time employment opportunities, or opportunities to connect with other employers that are capable of providing them with full-time employment opportunities, within their areas of study after graduation. (Amended by Stats. 2021, Ch. 144, Sec. 39. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69960. Source version: id_b556b0f9-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. The institution shall assure that each learning-aligned employment position meets all of the following conditions: (a) The position shall be educationally beneficial or related to a particular career interest or the exploration of career options. (b) The work performed by the student shall not be related to the activities of any sectarian organization or to any partisan or nonpartisan political activities. (c) The employment of a learning-aligned employment student shall not displace workers currently employed by the participating employer, or impair existing contracts for services. (d) The learning-aligned employment position shall not violate any applicable collective bargaining agreements, or fill any vacancies due to a labor dispute. (e) The student shall be paid at a comparable rate to that paid for comparable positions within the employing organization. If the employing organization has no comparable position, the student shall be paid at a rate comparable to that paid by other organizations in the field for work involving comparable duties and responsibilities. The positions shall be compared on the basis of the nature of the work performed and the background and skills required for the position, and not upon the employee’s part-time or student status. (f) The number of hours of learning-aligned employment the student is allowed to work shall be determined by each public postsecondary educational institution in accordance with its standards and practices, taking into consideration the extent of the student’s financial need and the potential harm of the combination of work and study hours on a student’s satisfactory academic progress. The employer shall provide the institution with an accurate accounting of hours worked and wages earned. (g) The total compensation received by the student shall not exceed the total amount authorized by the institution. (h) The employer shall provide the student with reasonable supervision. (i) Funds appropriated under this article shall not supplant any state, federal, or institutional funds used to support existing paid positions for students in profit or nonprofit organizations. (Amended by Stats. 2021, Ch. 144, Sec. 40. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69962. Source version: id_bd5fe19b-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. A participating institution shall do both of the following: (a) Develop partnerships with employers willing to contribute resources toward a percentage share of student compensation to be paid by the employer and by the program, respectively. (1) (A) For learning-aligned employment positions with public educational institutions or nonprofit corporations, the program shall provide no more than 90 percent of the student’s compensation. (B) Notwithstanding subparagraph (A), if the direct employer is the University of California, the California State University, the California Community Colleges, or one of its respective campuses, the program may provide 100 percent of the student’s compensation. (2) For learning-aligned employment positions with for-profit employers, the program shall provide no more than 50 percent of the student’s compensation. (b) For each learning-aligned employment position, maintain all necessary records, including, but not limited to, need analysis documents, employer agreements, financial aid award documents, time sheets, and records of payments provided to the student. (Amended by Stats. 2021, Ch. 144, Sec. 41. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69963. Source version: id_c530eb3d-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. A participating public postsecondary educational institution is strongly encouraged to develop competency-based educational opportunities in order to grant academic credit for work performed in a learning-aligned employment position. (Amended by Stats. 2021, Ch. 144, Sec. 42. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69964. Source version: id_cd11371f-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. (a) The program may include summer learning-aligned employment opportunities in order to provide learning-aligned employment positions for eligible students who may find it difficult to locate meaningful employment because of a rigorous academic program that does not allow them to work during the academic year or because they are required to participate in an intensive work experience that satisfies academic requirements. (b) In addition to meeting the criteria specified in Section 69956, to be eligible to participate in a summer learning-aligned employment program opportunity, a student shall be enrolled at least half-time in summer courses required for completion of a degree or certificate, or accepted for enrollment on at least a half-time basis for the following normal academic term. (Amended by Stats. 2021, Ch. 144, Sec. 43. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69967. Source version: id_d4ea5711-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. (a) The commission, in consultation with the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges, shall do all of the following: (1) Develop and post on its internet website any necessary programmatic policies and guidelines to assist participating employers and public postsecondary educational institutions to operate the program. (2) Develop processes to facilitate public postsecondary educational institution compliance with the priorities stated in Section 69959. (3) Develop processes to facilitate the monitoring of institutional expenditures to ensure proper allocation and use of program funds. (b) At the close of each fiscal year, in a manner to be determined by the commission, the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges shall compile data regarding the population served by the program by their respective campuses during that fiscal year and provide the data to the commission. (c) The office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges shall review the administrative practices of each of their respective participating campuses to ensure compliance with program requirements. The office of the President of the University of California, the office of the Chancellor of the California State University, and office of the Chancellor of the California Community Colleges are encouraged to use existing institutional compliance and auditing processes to verify program compliance. (Amended by Stats. 2021, Ch. 144, Sec. 46. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 18. Learning-Aligned Employment Program [69950 - 69969] SECTION 69969. Source version: id_75bfcf97-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=18. (a) Funds appropriated in the annual Budget Act or another statute for purposes of the program shall be provided to the commission for allocation to participating public postsecondary educational institutions based on their share of students receiving a federal Pell Grant in the most recent prior fiscal year for which data is available for all program participants. (b) A participating public postsecondary educational institution may use no more than 5 percent of the funds it receives under the program on its administrative costs of participating in the program. (c) The commission may use up to one-half of 1 percent of the funds appropriated for purposes of this article on the costs of administering the program. (d) (1) Funds appropriated in the annual Budget Act or another statute for purposes of the program shall be available for encumbrance and expenditure until June 30, 2031. (2) (A) For the 2021–22 fiscal year, participating campuses of a participating public postsecondary educational institution are expected to collaborate with local employers to identify learning-aligned employment positions pursuant to section 69958. (B) Commencing no later than the 2022–23 fiscal year, participating campuses of a participating public postsecondary educational institution are expected to enable participating eligible students to access available learning-aligned employment opportunities identified pursuant to the requirements of this article. (Amended by Stats. 2022, Ch. 54, Sec. 19. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69980. Source version: id_1a3c7dbd-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. As used in this article, the following terms have the following meanings, unless the context requires otherwise: (a) “Administrative fund” means the funds used to administer this article. (b) “Beneficiary” has the same meaning as “designated beneficiary,” as provided in paragraph (1) of subsection (e) of Section 529 of the Internal Revenue Code of 1986, as it is amended from time to time, if, as determined by the board, the amendment is consistent with the purposes of this article. (c) “Benefits” means the payment of higher education expenses on behalf of a beneficiary by the Scholarshare trust during the beneficiary’s attendance at an institution of higher education. (d) “Board” means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. (e) “Golden State Scholarshare College Savings Trust” or “Scholarshare trust” means the trust created pursuant to this article. (f) “Executive director” means the administrator of the Scholarshare trust appointed by the board to administer and manage the Scholarshare trust. (g) “Institution of higher education” has the same meaning as “eligible educational institution,” as provided in paragraph (5) of subsection (e) of Section 529 of the Internal Revenue Code of 1986, as it is amended from time to time, if, as determined by the board, the amendment is consistent with the purposes of this article. (h) “Investment manager” means a manager contracted to perform functions delegated by the board. “Investment management” means the functions performed by a manager contracted to perform functions delegated by the board. (i) “Participant” means an individual, trust, estate, partnership, association, company or corporation, a custodian under the California Uniform Transfers to Minors Act (Part 9 (commencing with Section 3900) of Division 4 of the Probate Code) or similar provisions adopted by another state, a state or local government agency, or a legal representative of a participant who has entered into a participation agreement pursuant to this article. “Participant” also means an account owner. (j) “Participation agreement” means an agreement between a participant and the Scholarshare trust, pursuant to this article. (k) “Program fund” means the program fund established by this article, which shall be held as a separate fund within the Scholarshare trust. (l) “Qualified higher education expenses” means the expenses of attendance at an institution of higher education as provided in paragraph (3) of subsection (e), expenses associated with participation in a registered apprenticeship program as provided in paragraph (8) of subsection (c), and payment on the principal or interest of a qualified education loan as provided in paragraph (9) of subsection (c), of Section 529 of the Internal Revenue Code of 1986, as it is amended from time to time, if, as determined by the board, the amendment is consistent with the purposes of this article, and as determined and certified by the institution of higher education in the same manner as prescribed in Title IV of the Higher Education Act of 1965 (20 U.S.C. Sec. 1087l l, as amended). (m) “Tuition and fees” means the quarterly or semester charges imposed to attend an institution of higher education and required as a condition of enrollment. (Amended by Stats. 2021, Ch. 557, Sec. 1. (AB 340) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69981. Source version: id_5d41bc2f-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. (a) There is hereby created an instrumentality of the State of California to be known as the Golden State Scholarshare College Savings Trust. (b) The purposes, powers, and duties of the Scholarshare trust are vested in, and shall be exercised by, the board. (c) The board, in the capacity of trustee, shall have the power and authority to do all of the following: (1) Sue and be sued. (2) Make and enter into contracts necessary for the administration of the Scholarshare trust. (3) Adopt a corporate seal and change and amend it from time to time. (4) Cause moneys in the program fund to be held and invested and reinvested. (5) Enter into agreements with any institution of higher education or any federal or other state agency or other entity as required for the effectuation of its rights and duties. (6) Accept any grants, gifts, appropriation, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the administrative fund or the program fund. Except as otherwise provided in Section 69982, the board may not accept any contribution by any nonpublic entity, person, firm, partnership, or corporation that is not designated for a specified beneficiary, unless the contribution is deposited in the CalSAVE account pursuant to subdivision (d). (7) Enter into participation agreements with participants, as set forth in Section 69983. (8) Make payments to institutions of higher education or other third parties pursuant to participation agreements on behalf of beneficiaries. (9) Make refunds to participants upon the cancellation of participation agreements pursuant to the provisions, limitations, and restrictions set forth in this article. (10) Appoint an executive director, who shall serve at the pleasure of the board, and determine the duties of the executive director and other staff as necessary and set their compensation. The board may authorize the executive director to enter into contracts on behalf of the board or conduct any business necessary for the efficient operation of the board. (11) Make provisions for the payment of costs of administration and operation of the Scholarshare trust. (12) Carry out the duties and obligations of the Scholarshare trust pursuant to this article and have any and all other powers as may be reasonably necessary for the effectuation of the purposes, objectives, and provisions of this article. (d) (1) There is established within the Scholarshare trust the California Scholarshare Advancement Vehicle for Education (CalSAVE) program to fund scholarships for beneficiaries to be determined by the board that may include, but are not limited to, foster youth, youth in at-promise categories, individuals with demonstrated economic need, former and active members of the California National Guard, individuals seeking undergraduate or postbaccalaureate courses in disciplines in which the state faces shortages, including nursing and teaching, and other categories to be determined by the board. (2) The CalSAVE account is created within the program fund and is continuously appropriated, without regard to fiscal years, to the board for the purposes of the CalSAVE program. The board shall create subaccounts within the CalSAVE account for each category of beneficiary determined pursuant to paragraph (1). The CalSAVE account shall be funded by contributions from federal or local governments, or any other person, firm, partnership, or corporation, and from the administrative fund established pursuant to Section 69984. A person contributing to the CalSAVE account may designate that the person’s contribution be deposited into any subaccount within the CalSAVE account, or may contribute without any designation. The board shall apportion any undesignated funds among the subaccounts, taking into consideration factors, including, but not limited to, the number of eligible applications received seeking funding from a particular subaccount. (e) The board shall adopt regulations as it deems necessary to implement this article consistent with the federal Internal Revenue Code and regulations issued pursuant to that code to ensure that this program meets all criteria for federal tax-deferral or tax-exempt benefits, or both. (Amended by Stats. 2019, Ch. 800, Sec. 15. (AB 413) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69982. Source version: id_3793b1f5-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. In addition to the powers and authority granted pursuant to Section 69981, the board shall have the powers and authority to do all of the following: (a) Carry out studies and projections in order to advise participants regarding present and estimated future higher education expenses and the levels of financial participation in the Scholarshare trust required in order to enable participants to achieve their education funding objectives. (b) Contract for goods and services and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. (c) Participate in any other way in any federal, state, or local governmental program for the benefit of the Scholarshare trust. (d) Promulgate, impose, and collect administrative fees and charges in connection with transactions of the Scholarshare trust, and provide for reasonable service charges, including penalties for cancellations. (e) Procure insurance against any loss in connection with the property, assets, or activities of the Scholarshare trust. (f) Administer the funds of the Scholarshare trust. (g) Procure insurance indemnifying any member of the board from personal loss or liability resulting from a member’s action or inaction as a member of the board. (h) Adopt reasonable regulations for the administration of the Scholarshare trust. (i) Set minimum and maximum investment levels. (j) (1) Except as otherwise provided in this section, the overall maximum investment level for a designated beneficiary shall not exceed the amount equivalent to the maximum estimated qualified higher education expenses, as defined by subdivision (l) of Section 69980 and established by the board, that can be incurred by a beneficiary. The maximum investment level shall be published by the board as a monetary amount, in order to state contribution limits clearly and to encourage participation on behalf of beneficiaries who will attend all types of higher education institutions, both public and independent. (2) Contributions by entities exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code and state and local government agencies operating bona fide scholarship programs for the benefit of beneficiaries to be named when the scholarships are awarded are not subject to maximum contribution limits. (Amended by Stats. 2005, Ch. 318, Sec. 3. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69983. Source version: id_37de2877-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. The Scholarshare trust may enter into participation agreements with participants on behalf of beneficiaries pursuant to the following terms and agreements: (a) The board may specify a required minimum length of time before distributions for higher education expenses may be made, and may impose a penalty on the early distribution of funds if deemed by the board to be necessary. (b) Beneficiaries designated in participation agreements may be designated from date of birth. (c) Participants shall be informed that the execution of a participation agreement by the Scholarshare trust shall not guarantee in any way that higher education expenses will be equal to projections and estimates provided by the Scholarshare trust or that the beneficiary named in any participation agreement will do any of the following: (1) Be admitted to an institution of higher education. (2) If admitted, be determined a resident for tuition purposes by the institution of higher education. (3) Be allowed to continue attendance at the institution of higher education following admission. (4) Graduate from the institution of higher education. (5) Have sufficient savings to cover fully all qualified education expenses of attending an institution of higher education. (d) Beneficiaries may be changed as permitted by the regulations of the board upon request of the participant, provided that the substitute beneficiary is eligible. (e) Participation agreements shall be freely amended throughout their terms in order to enable participants to change the designation of beneficiaries and carry out similar matters. (f) Each participation agreement shall provide that the participation agreement may be canceled upon the terms and conditions set forth and contained in the regulations adopted by the board. (g) All contributions to Scholarshare accounts shall be in cash. (Amended by Stats. 2005, Ch. 318, Sec. 4. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69984. Source version: id_150778d1-3188-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. (a) (1) The board shall segregate moneys received by the Scholarshare trust into two funds, which shall be identified as the program fund and the administrative fund. Notwithstanding Section 13340 of the Government Code, the program fund is hereby continuously appropriated, without regard to fiscal years, to the board for the purposes of this article. Funds in the administrative fund shall be available for expenditure, upon appropriation, for the purposes specified in this article. (2) (A) The board shall separately account for any moneys received by an entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code or a state or local government agency, depositing the money for the benefit of a beneficiary to be named later pursuant to the operation of a bona fide scholarship program. (B) There is hereby created the Scholarshare Investment Board, that consists of the Treasurer, the Director of Finance, the executive director of the State Board of Education, a member of the Student Aid Commission appointed by the Governor, a member of the public appointed by the Governor, a representative from a California public institution of higher education appointed by the Senate Committee on Rules, and a representative from a California independent college or university or a state-approved college, university, or vocational/technical school appointed by the Speaker of the Assembly. The Treasurer shall serve as chair of the board. The board shall annually prepare and adopt a written statement of investment policy. The board shall consider the statement of investment policy and any changes in the investment policy at a public hearing. The board shall approve the investment management entity or entities consistent with subparagraph (D). (C) Not later than 30 days after the close of each month, the investment manager shall place on file for public inspection during business hours a report with respect to investment performance. The investment manager shall report the following information, to the extent applicable, to the board within 30 days following the end of each month: (i) The type of investment, name of the issuer, date of maturity, par and dollar amount invested in each security, investment, and money within the program fund. (ii) The weighted average maturity of the investments within the program fund. (iii) Any amounts in the program fund that are under the management of an investment manager. (iv) The market value as of the date of the report and the source of this valuation for any security within the program fund. (v) A description of the compliance with the statement of investment policy. (D) Moneys in the program fund may be invested or reinvested by the Treasurer or may be invested in whole or in part under contract with an investment manager, as determined by the board. (b) Transfers may be made from the program fund to the administrative fund for the purpose of paying operating costs associated with administering the Scholarshare trust and as required by this article. On an annual basis, expenditures from the administrative fund shall not exceed more than 1 percent of the total program fund. All costs of administration of the Scholarshare trust shall be paid out of the administrative fund. (c) All moneys paid by participants in connection with participation agreements shall be deposited as received into the program fund, and shall be promptly invested and accounted for separately. Deposits and interest thereon accumulated on behalf of participants in the program fund of the Scholarshare trust may be used for payments to any institution of higher education. (Amended by Stats. 2011, Ch. 349, Sec. 8. (SB 940) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69985. Source version: id_fdf415e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. (a) Any participant may cancel a participation agreement at will. A participant shall be entitled to a refund upon cancellation thereof of an amount equal to the then current market value of the amount of all contributions made to his or her account. (b) Upon the occurrence of any of the following circumstances, no penalty shall be levied by the Scholarshare trust in the event of cancellation of a participation agreement: (1) Death or disability of the beneficiary. (2) The beneficiary’s receipt of a scholarship or allowance or payment described in Section 25A(g)(2) of the Internal Revenue Code received by the designated beneficiary, to the extent that the amount refunded does not exceed the amount of the scholarship, allowance, or payment. (c) In the event of cancellation of a participation agreement for any of the causes listed in subdivision (b), the participant shall be entitled to a refund equal to the then current market value of the amount of all contributions made by the participant under the participation agreement. (d) Any cancellation of a participation agreement shall be deemed to be made as of the close of business for the calendar month during which notice of the cancellation is received by the board, and the current market value of contributions as of that date shall be determined by utilizing the monthly report for that month pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. (Amended by Stats. 2002, Ch. 406, Sec. 4. Effective September 9, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69986. Source version: id_6995b5e1-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. For all purposes of California law, all of the following apply: (a) The participant shall retain ownership of all contributions made under any participation agreement up to the date of utilization for payment of higher education costs for the beneficiary, and all interest derived from the investment of the payments made by the participant shall be deemed to be held in Scholarshare trust for the benefit of the beneficiary. Neither the contributions, nor any interest derived therefrom, may be pledged as collateral for any loan. (b) If the participation agreement is canceled prior to payment of higher education expenses for the beneficiary, the participant shall retain ownership of all contributions made under the participation agreement and reversionary right to receive interest on all the contributions at the rate of interest at which the contributions were invested. (c) Notwithstanding subdivision (b), if there has been a decrease in the value of the funds in a participant’s account at the time of cancellation of the participation agreement, the participant shall not have ownership rights to any amount above the market value of the funds in the account at the time of cancellation. (d) The board shall develop adequate measures to prevent contributions on behalf of a designated beneficiary in excess of the maximum contribution limits provided for in this article. (e) If the beneficiary graduates from an institution of higher education and has no intention of further attendance at an institution of higher education, and a balance remains in the participant’s account, then the Scholarshare trust shall pay the balance to the participant. (f) The board shall develop a method to make payment of qualified higher education expenses directly to higher education institutions or to other third parties for the benefit of designated beneficiaries and to control for fraud under any direct reimbursement method of payment that it may adopt. The institution of higher education or another third party shall obtain ownership of the payments made for the higher education expenses paid to the institution or to that third party at the time each payment is made to the institution or to that third party. (g) The board may also develop a method to make payment of qualified higher education expenses directly to beneficiaries in a manner that is consistent with applicable federal requirements and restrictions. (h) Any amounts paid pursuant to the Scholarshare trust that are not listed in this section shall be owned by the Scholarshare trust. (i) A participant may transfer ownership rights to another eligible participant, including, but not necessarily limited to, a gift of the ownership rights to an eligible minor beneficiary pursuant to this article. The transfer shall be effected and the property distributed in accordance with administrative regulations adopted by the board or the terms of the participation agreement. (j) Custodians for a minor under the California Uniform Transfers to Minors Act (Part 9 (commencing with Section 3900) of Division 4 of the Probate Code) or similar provisions adopted by another state may enter into participation agreements in accordance with regulations adopted by the board. (Amended by Stats. 2019, Ch. 17, Sec. 2. (AB 853) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69989. Source version: id_38b80dbd-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. (a) The board shall submit an annual audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the Scholarshare trust by October 31 to the Governor, the Controller, the State Auditor, and the Legislature. The annual audit shall be made by an independent certified public accountant, and shall include, but need not be limited to, direct and indirect costs attributable to the use of outside consultants, independent contractors, and any other persons who are not state employees. Any contributions to the Scholarshare trust that are not directed to a specified beneficiary shall be accounted for and treated separately in the annual audit. (b) The annual audit shall be supplemented by the following information prepared by the board: (1) Any studies or evaluations prepared in the preceding year. (2) A summary of the benefits provided by the Scholarshare trust, including the number of participants and beneficiaries in the Scholarshare trust. (3) Any other information that is relevant in order to make a full, fair, and effective disclosure of the operations of the Scholarshare trust. (Amended by Stats. 2005, Ch. 318, Sec. 7. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69990. Source version: id_3900133f-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. (a) The board shall provide an annual listing of distributions to individuals with respect to an interest in a participation agreement to the Franchise Tax Board at a time and in a manner and form as specified by the Franchise Tax Board. The taxpayers’ identification numbers obtained through the participation agreement process shall be used exclusively for state and federal tax administration purposes. (b) The board shall make a report to the appropriate individual of any distribution to any individual with respect to an interest in a participation agreement, at a time and in a form and manner as required by the Franchise Tax Board. (c) The board also shall report annually to each participant or beneficiary all of the following: (1) The value of the beneficiary’s account. (2) The interest earned thereon. (3) The rate of return of the investments in the beneficiary’s account for that reporting period. (4) Information on investments and education costs that participants can use to set savings goals and contribution amounts. (5) Information regarding the trends in qualified higher education expenses at the state’s public segments of higher education, which shall include, but need not be limited to, the following: (A) The actual increase or decrease in qualified higher education expenses in the prior year. (B) To the extent possible, any proposals by the segments to increase or decrease fees or tuition in the next fiscal year. (C) To the extent possible, any proposals by the Legislature or the Governor to increase or decrease fees or tuition in the next fiscal year. (D) An Internet Web site and toll-free telephone number where the names of the State Senator and Assembly Member who represent the district in which the participant or beneficiary resides, and a business address and telephone number where they may be reached, may be accessed. (d) The board, as an advocate for affordable higher education opportunities for participants and beneficiaries of the program, shall also provide a means for participants or beneficiaries to express concerns or comments regarding the Scholarshare trust program and any information required to be reported by this section. (Amended by Stats. 2005, Ch. 318, Sec. 8. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69991. Source version: id_fdf59c8c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. The assets of the trust, including the program fund, shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the participants and beneficiaries and no property rights therein shall exist in favor of the state. The assets shall not be transferred or used by the State of California for any purposes other than the purposes of the trust. (Added by Stats. 1997, Ch. 851, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69992. Source version: id_39b97831-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. The board shall aggressively market this program to the citizens of the State of California. The board shall include in its marketing efforts information designed to educate citizens about the benefits of saving for higher education and information to help them decide the level of Scholarshare participation and the combination of savings strategies that may be appropriate for them. The board shall also develop a mechanism to keep participants in this program motivated about their current and future academic endeavors. (Amended by Stats. 2005, Ch. 318, Sec. 9. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69993. Source version: id_3a035273-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. Funding for startup and first-year administrative costs shall be appropriated from the General Fund in the annual Budget Act. The board shall repay, within five years, the amount appropriated, plus interest calculated at the rate earned by the Pooled Money Investment Account. Necessary administrative costs in future years shall be paid out of the administrative fund. (Amended by Stats. 2005, Ch. 318, Sec. 10. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69993.5. Source version: id_fdf59c92-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. The board may adopt regulations for the purposes of this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For the purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any regulation adopted pursuant to this section shall not remain in effect more than 180 days unless the board complies with rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), as required by subdivision (e) of Section 11346.1 of the Government Code. (Amended by Stats. 1999, Ch. 664, Sec. 9. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69993.7. Source version: id_fdf72334-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. No public funds nor any funds available pursuant to this article may be expended to pay for, nor shall the board enter into any agreement that provides for, the appearance of any elected official or declared candidate for public office in any paid advertisement promoting the act. (Added by Stats. 1999, Ch. 664, Sec. 10. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19. Golden State Scholarshare Trust Act [69980 - 69994] SECTION 69994. Source version: id_fdf72336-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19. This act shall be construed liberally in order to effectuate its legislative intent. The purposes of this act and all of its provisions with respect to powers granted shall be broadly interpreted to effectuate that intent and purposes and not as to any limitation of powers. (Added by Stats. 1997, Ch. 851, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996. Source version: id_5239169f-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. This article shall be known, and may be cited, as the California Kids Investment and Development Savings Program or KIDS Program. (Added by Stats. 2019, Ch. 53, Sec. 16. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.1. Source version: id_523916a1-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. The California Kids Investment and Development Savings Program is hereby established. The board shall administer the program for the purposes of expanding access to higher education through savings. (Added by Stats. 2019, Ch. 53, Sec. 16. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.2. Source version: id_7c498c29-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. For purposes of this article, unless the context requires otherwise, the following definitions apply: (a) “Account” means a Scholarshare 529 account established pursuant to this article under Article 19 (commencing with Section 69980), or other child savings plan where applicable and as determined by the board. (b) “Beneficiary” is an eligible child receiving funds under the program. (c) “Board” means the Scholarshare Investment Board created pursuant to Section 69984. (d) “Enhanced deposit” means an initial or supplemental contribution into a KIDS Account or another plan option determined by the board pursuant to Section 69996.9. (e) “Fund” means the California Kids Investment and Development Savings Program Fund established pursuant to subdivision (a) of Section 69996.6. (f) “Institution of higher education” has the same meaning as “eligible educational institution,” as provided in Section 529(e)(5) of the Internal Revenue Code, and registered apprenticeship programs registered under the National Apprenticeship Act of 1937 (29 U.S.C. Sec. 50 et seq.), except as provided in Section 3226 of Title 29 of the United States Code. (g) “Internal Revenue Code” means the Internal Revenue Code of 1986, as it is amended from time to time, if, as determined by the board, the amendment is consistent with the purposes of this article. (h) “KIDS Account” means an account in which designated funding for eligible children is held. (i) “Low-income households” means households with a total annual adjusted gross income less than seventy-five thousand dollars ($75,000) or households identified by the board by other means as low-income for purposes of the program. (j) “Participant” means one of the following: (1) A parent or legal guardian of an eligible child. (2) A parent or legal guardian of a child described in subdivision (i) of Section 69996.3. (3) Any private individual or entity who contributes moneys to the program. (k) “Program” means the California Kids Investment and Development Savings Program established pursuant to this article. (l) “Qualified higher education expenses” means the expenses of attendance at an institution of higher education, as provided in Section 529(e)(3) of the Internal Revenue Code, or at a registered apprenticeship program, as provided in Section 529(c)(8) of the Internal Revenue Code. Notwithstanding Section 529(c)(7) of the Internal Revenue Code, “qualified higher education expenses” shall not include any tuition expenses in connection with enrollment or attendance at an elementary or secondary public, private, or religious school. (m) “Seed deposit” means an initial contribution into a KIDS Account for a child born on or after a date determined by the board. (Amended by Stats. 2022, Ch. 54, Sec. 20. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.3. Source version: id_4e1739dd-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. (a) (1) Each child born on or after a date determined by the board pursuant to paragraph (2) who is a California resident at the time of birth is eligible for the program. (2) The date designated by the board for which eligibility commences shall be no later than July 1, 2022. (b) No later than 90 days after a birth certificate is registered for a child described in subdivision (a), the State Department of Public Health shall provide the board with identifiable birth data for the child in a file format as defined by the board. The birth data shall include the child’s name and birth date and the name and contact information of each parent of the child, including the parent’s street address and, if provided to the department, the parent’s mobile telephone number and email address. In addition, upon request by the board, the department shall include, in the birth data it provides to the board, information collected pursuant to subparagraph (C) of paragraph (2) of subdivision (a) of Section 102426 of the Health and Safety Code. The department may provide additional identifiable birth data to the board, upon request, and upon a determination by the State Registrar, in consultation with the board, that the data is necessary for administration of the program. To the extent permitted by state and federal law, the department shall provide amended birth record information of a child to the board in order to assist the board in verifying a legal name change of the child, and any other information necessary, for the administration of the program. The department is not required to provide the board amended birth record information of a child that would reveal information that was sealed by statute or court order. The birth data is confidential and shall not be disclosed except as necessary for the program. No more than 90 days after receiving the birth data from the department, the board shall notify at least one parent of each eligible child about the program. The notification shall include information on all of the following: (1) How the parent may opt out of the program. (2) The KIDS Account opened for the child pursuant to subdivision (f). (3) How the parent may establish a separate account pursuant to Article 19 (commencing with Section 69980) and additional financial incentives provided pursuant to that article. (c) The board shall make a child’s designated balance in a KIDS Account viewable by the child’s parent or legal guardian through a secured internet link. (d) The board shall establish rules and regulations for a program recipient child, and the child’s parents or legal guardians, to be notified of the moneys deposited and accrued in the child’s KIDS Account, and rules and regulations regarding the establishment and operation of program components, including, but not limited to, the claims process, necessary documentation, deadlines for the claims, an appeals procedure, and any forfeiture procedures. A KIDS Account recipient child and each of the child’s parents or legal guardians shall be informed of the establishment of the child’s KIDS Account, provided information on how the parent or legal guardian may establish a separate account pursuant to Article 19 (commencing with Section 69980), and provided information on opportunities for financial incentives provided pursuant to that article. (e) The board shall translate program notifications and information provided pursuant to subdivisions (b) to (d), inclusive, into languages pursuant to Section 7295.2 of the Government Code. (f) Upon appropriation by the Legislature, the board shall establish one or more accounts and shall make a separately accounted-for seed deposit from the fund into a KIDS Account established within an account in an amount determined by the board. Each seed deposit shall be designated for a particular child for whom the board receives birth data pursuant to subdivision (b), if no parent or legal guardian has opted that child out of the program. Moneys in a KIDS Account designated for a child, including any investment earnings attributed to the amount of the child’s seed deposit since the date of the deposit as calculated by the board, shall be used for the purpose of providing awards for qualified higher education expenses associated with the attendance of the child at an eligible institution of higher education. Before the 2023–24 fiscal year, each seed deposit shall be at least twenty-five dollars ($25). Commencing with the 2023–24 fiscal year, each seed deposit shall be at least one hundred dollars ($100). The board may provide additional financial incentives designated for a child into a KIDS Account if the parent or legal guardian of the child engages with the KIDS Account by verifying receipt of information provided pursuant to paragraph (2) of subdivision (b), establishing a separate account pursuant to Article 19 (commencing with Section 69980), or engaging with the KIDS Account by other means approved by the board. (g) Upon the student self-certifying that they are enrolled at an institution of higher education and that they have resided in the state for at least one year immediately preceding the payment of qualified higher education expenses on the student’s behalf, the board shall make a payment to that institution in an amount determined by the student or their parent or legal guardian, which may include the total or a partial amount of the seed deposit, enhanced deposit, if applicable, and any additional financial incentives designated for the child pursuant to subdivision (f), plus any investment earnings attributed to that amount since the date of that deposit as calculated by the board, for qualified higher education expenses associated with the child’s attendance at that institution. If the child has no account balance with the institution, the institution may distribute funds received for the child pursuant to this subdivision directly to the child for the purpose of paying the child’s qualified higher education expenses. (h) Subject to available money in the fund, the board may provide additional incentives from the fund for children participating in the program, including, but not limited to, incentives targeting low-income households. (i) (1) Subject to available funding, a parent or legal guardian, residing in California, of a child who meets the criteria in paragraph (2) may apply to the board to enroll the child into the program. Subject to available funding, the enrollee shall be eligible for any incentives described in subdivision (h), as applicable, but is not eligible for a seed deposit. (2) The child is a current California resident under six years of age who was both of the following: (A) Born on or after the date designated by the board for which eligibility commences. (B) Not a California resident at the time of birth. (j) (1) A KIDS Account established pursuant to this article, and its investment earnings, shall remain assets of, and owned by, the state until used for the payment of qualified higher education expenses at an institution of higher education, and funds shall remain invested until they are used for the purposes authorized by this article or until the recipient achieves 26 years of age, whichever occurs first. If a beneficiary does not use any portion, or all, of the moneys intended for the beneficiary in a KIDS Account for a qualified higher education expense for any reason, including the death or disability of the beneficiary, before the beneficiary turns 26 years of age, all contributions made for the beneficiary into the KIDS Account and any earnings from those moneys shall be forfeited and deposited into the fund for the program. (2) Notwithstanding paragraph (1), subject to available funding, the board may establish an appeal process to allow a beneficiary to use the moneys designated for the beneficiary in a KIDS Account after the beneficiary turns 26 years of age. (3) Moneys, less applicable penalties, collected pursuant to Section 529 of the Internal Revenue Code not used within the time period described in paragraph (1) shall revert to the fund after the payment of any amount determined to be due to the federal government as a result of the reversion. (4) All contributions made into a KIDS Account for a child who has opted out of the program pursuant to subdivision (b), including any investment earnings attributed to the amount of the child’s seed deposit since the date of the deposit as calculated by the board, shall be forfeited and deposited into the fund for the program in a timely manner. (k) The board shall encourage each parent and legal guardian of a beneficiary, including each parent and legal guardian of a child who applies to enroll the child into the program as a beneficiary pursuant to subdivision (i), to establish a separate account pursuant to Article 19 (commencing with Section 69980). The board shall provide assistance on how to establish the separate account. (l) The board may use up to 5 percent of state appropriations provided for purposes of the program for administrative costs. Unless otherwise specified in the annual Budget Act, this subdivision shall not apply to any one-time or ongoing local assistance funds first appropriated in support of the program beginning in the 2021–22 fiscal year. (m) It is the intent of the Legislature that both of the following occur: (1) The State Department of Public Health and the board share the information described in subdivision (b) in a manner that promotes data privacy and security. (2) The State Department of Public Health and the board enter into memoranda of understanding or participation agreements for data sharing purposes, as necessary, for the implementation and operation of this article. (Amended by Stats. 2023, Ch. 50, Sec. 7. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.4. Source version: id_523916a7-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. The board shall have the power and authority to do all of the following: (a) Sue and be sued. (b) Make and enter into contracts necessary for the implementation and administration of the program. (c) Cause moneys in the fund to be held and invested and reinvested. (d) Enter into agreements with any institution of higher education or any federal or state agency or other entity as required for the effectuation of its rights and duties. (e) Accept any grants, gifts, appropriations, and other moneys from any unit of federal, state, or local government or any other person, firm, partnership, or corporation for deposit to the fund. (f) Make payments to institutions of higher education on behalf of beneficiaries. (g) Make provisions for the payment of costs of administration and operation of the program. (h) Carry out the duties and obligations of the program pursuant to this article and have all other powers as may be necessary for the effectuation of the purposes, objectives, and provisions of this article. (i) Carry out studies and projections to advise participants regarding present and estimated future higher education expenses. (j) Contract for goods and services and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. (k) Participate in any federal, state, or local governmental program for the benefit of the program. (l) Procure insurance against any loss in connection with the property, assets, or activities of the program. (m) Administer the funds of the program. (n) Adopt regulations for the implementation and administration of the program. (Added by Stats. 2019, Ch. 53, Sec. 16. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.5. Source version: id_523916a9-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. The board may consider marketing the program to California residents. The board may include in its marketing efforts information designed to educate California residents about the benefits of saving for higher education and information to help them decide the combination of savings strategies that may be appropriate for them. (Added by Stats. 2019, Ch. 53, Sec. 16. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.6. Source version: id_18facd8d-5321-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. (a) The California Kids Investment and Development Savings Program Fund is hereby established in the State Treasury. Notwithstanding Section 13340 of the Government Code, except for moneys derived from the federal American Rescue Plan Act, moneys in the fund shall be continuously appropriated, without regard to fiscal years, to the board for the program. The fund shall be the initial repository of all appropriations, gifts, or other financial assets received by the board in connection with operation of the program. (b) (1) Subject to available funding, the program shall be implemented on or before July 1, 2022. The board may establish an implementation timeline for the program based on available funding. If the board does not secure adequate funds to implement the program before July 2, 2022, program implementation may be delayed while the board makes good faith efforts to secure necessary funding. The board may accept gifts, grants, awards, matching contributions, interest income, and appropriations from individuals, businesses, state and local governmental entities, and third-party sources for the program on terms the board deems advisable. (2) Before the program is implemented and throughout the program’s operation, the board may authorize a county, city, nonprofit organization, or any other entity operating a local child savings account program to provide input to the program established pursuant to this article. The input may include, but is not limited to, information on any of the following: (A) Infrastructure and systems development. (B) Outreach and coordination with local child savings account programs. (C) Program incentives to promote equity. (D) Administrative fees and caps. (E) Contribution strategies. (F) Program accessibility, including language, identification, and banking access. (c) On or before June 30, 2023, and on or before September 30 annually thereafter, the board shall report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code, information pertaining to the program’s implementation. The report shall include, at a minimum, all of the following: (1) Detailed program expenditure information, including the amount of funds expended to establish KIDS Accounts pursuant to this article in the previous five fiscal years. (2) The number of KIDS Accounts opened and state and nonstate contributions made to KIDS Accounts. (3) Information about how parents were notified pursuant to subdivision (b) of Section 69996.3. (4) The number of parents or legal guardians who engage with KIDS Accounts by verifying receipt of information provided to them pursuant to paragraph (2) of subdivision (b) of Section 69996.3, establishing separate accounts pursuant to Article 19 (commencing with Section 69980), or engaging with KIDS Accounts by other means approved by the board. (5) A description of the board’s efforts and success in soliciting philanthropic or nonstate money to support the program. (6) A description of the board’s marketing of the program. (7) The rate of investment return earned by the money authorized by this article in the previous five fiscal years. (8) To the extent that information is available and can be disclosed without providing any opportunity to associate the information with particular individuals, the board shall include information on the ethnicity, gender, and family income of account recipients. (9) Recommendations for improving the program. (Amended by Stats. 2023, Ch. 195, Sec. 4. (SB 142) Effective September 13, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.7. Source version: id_348405d7-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. (a) Funds appropriated pursuant to Schedule 1 of Item 0954-162-8506 of Section 2.00 of the Budget Act of 2021 shall be used to support program enhanced deposits and to establish KIDS Accounts for eligible children who do not already have a KIDS Account established. For the 2021–22 fiscal year, funds appropriated pursuant to Provision 2 of Item 0954-101-0001 of Section 2.00 of the Budget Act of 2021 shall be used to support program enhanced deposits and to establish KIDS Accounts for eligible children that are ineligible to receive funds appropriated pursuant to Schedule 1 of Item 0954-162-8506 of Section 2.00 of the Budget Act of 2021. Commencing with the 2022–23 fiscal year, funds appropriated pursuant to Provision 2 of Item 0954-101-0001 of Section 2.00 of the annual Budget Act shall be used to support program enhanced deposits and to establish KIDS Accounts for eligible children who do not already have a KIDS Account established. (b) All assets of the fund and moneys allocated to individual KIDS Accounts shall be considered to be owned by the state until used for the payment of qualified higher education expenses at an institution of higher education. (c) Deposits made to the fund or disbursements from the fund allocated to individual participant KIDS Accounts shall be invested through a Scholarshare 529 account or through another investment plan determined by the board. (d) This article shall not be construed to prevent any child from seeking private or other funding sources to supplement the amount of funds deposited in the child’s KIDS Account. (e) Notwithstanding any other law, funds deposited and investment returns accrued in a KIDS Account established pursuant to this article shall augment and not supplant student financial aid from other public sources, and shall not be considered when calculating eligibility for student financial aid. (f) Notwithstanding any other law, funds deposited and investment returns accrued in a KIDS Account established pursuant to this article and claimed by a recipient pursuant to this article shall be exempt from state income tax liability. (g) To the extent permissible under federal law, funds deposited and investment returns accrued in a KIDS Account established pursuant to this article shall not be considered in the federal needs analysis for student financial aid, as they shall be considered an asset of the state until used for the payment of qualified higher education expenses at an institution of higher education. (Added by Stats. 2021, Ch. 144, Sec. 54. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.8. Source version: id_3af669d9-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. (a) The board may establish rules and regulations to ensure that money in a KIDS Account established pursuant to this article is disbursed directly to the institution of higher education indicated on the award recipient’s claim form. These rules and regulations, if established, shall ensure that the program meets all applicable criteria for federal tax-deferral benefits, federal tax-exempt benefits, or both. (b) Moneys in the fund or in KIDS Accounts authorized under this article are nontransferable to any person other than the award recipient or any other entity than the institution of higher education indicated on the award recipient’s claim form, and may only be used for the purposes stated in this article. Moneys in the fund or in KIDS Accounts authorized by this article shall not be pledged as collateral for any loan. (c) The board shall request each KIDS Account recipient or their parent or legal guardian to voluntarily report personal information about the award recipient, including, but not limited to, ethnicity, gender, and family income. The board shall compile and retain that information in a confidential manner so that the personal information of any award recipient is not publicly disclosed in a manner that may be associated with a particular individual. (Added by Stats. 2021, Ch. 144, Sec. 55. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 19.5. California Kids Investment and Development Savings Program [69996 - 69996.9] SECTION 69996.9. Source version: id_3c919a0c-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=19.5. (a) (1) For the 2021–22 fiscal year, through the program, all of the following shall occur: (A) Each pupil enrolled in grades 1 to 12, inclusive, on the State Department of Education’s official census day in the 2021–22 fiscal year who meets the requirements to be considered an unduplicated pupil for purposes of paragraph (2) of subdivision (b) of Section 2574 or paragraph (1) of subdivision (b) of Section 42238.02 and who is enrolled at a school district, public charter school, state special school, or other local educational agency, shall have a KIDS Account established on the pupil’s behalf, unless the pupil’s KIDS Account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit into the pupil’s KIDS Account in the amount of five hundred dollars ($500). (B) In addition to the amount allocated pursuant to subparagraph (A), the KIDS Account of each eligible pupil who is also a foster youth, as defined under subdivision (b) of Section 42238.01, shall receive an enhanced deposit of an additional five hundred dollars ($500). (C) In addition to the amount allocated pursuant to subparagraphs (A) and (B), the KIDS Account of each eligible pupil who is also a homeless pupil meeting the definition of “homeless children and youths” in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) shall receive an enhanced deposit of an additional five hundred dollars ($500). (2) Commencing with the 2022–23 fiscal year, through the program, all of the following shall occur: (A) Each pupil who meets all of the following conditions shall have a KIDS Account opened on their behalf, unless their account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit into their KIDS Account in the amount of five hundred dollars ($500): (i) The pupil is enrolled in first grade on the State Department of Education’s official census day in the applicable fiscal year. (ii) The pupil meets the requirements to be considered an unduplicated pupil for purposes of paragraph (2) of subdivision (b) of Section 2574 or paragraph (1) of subdivision (b) of Section 42238.02. (iii) The pupil is enrolled at a school district, public charter school, state special school, or other local educational agency. (B) In addition to the amount allocated pursuant to subparagraph (A), the KIDS Account of each pupil who meets the requirements of subparagraph (A) and is also a foster youth, as defined under subdivision (b) of Section 42238.01, shall receive an enhanced deposit of an additional five hundred dollars ($500). (C) In addition to the amount allocated pursuant to subparagraphs (A) and (B), the KIDS Account of each pupil who meets the requirements of subparagraph (A) and is also a homeless pupil under the definition of “homeless children and youths” in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)) shall receive an enhanced deposit of an additional five hundred dollars ($500). (D) For pupils for whom a KIDS Account has already been established pursuant to Section 69996.3 and who are also eligible for an enhanced deposit pursuant to this paragraph, the enhanced deposit shall be deposited in the KIDS Account in which funding for that pupil is currently held. (3) (A) Commencing with the 2025–26 fiscal year, and subject to an appropriation by the Legislature, through the program, both of the following shall occur: (i) (I) Each pupil who is a foster youth, as defined under subdivision (b) of Section 42238.01, and is enrolled in any of grades 1 to 12, inclusive, at a school district, public charter school, state special school, or other local educational agency, shall have a KIDS Account opened on their behalf, unless their account has already been established pursuant to Section 69996.3, and shall receive an enhanced deposit of an additional five hundred dollars ($500). (II) Each foster youth pupil described in subclause (I) who did not previously receive a deposit pursuant to either subparagraph (A) of paragraph (1), or subparagraph (A) of paragraph (2), shall further receive an enhanced deposit of five hundred dollars ($500) in addition to the deposit pursuant to subclause (I). (III) Upon receiving an enhanced deposit pursuant to subclause (I) or (II) in any fiscal year, a pupil shall not be eligible for an enhanced deposit pursuant to subclause (I) or (II) in any subsequent fiscal year. (ii) For pupils for whom a KIDS Account has already been established pursuant to Section 69996.3 and who are also eligible for an enhanced deposit pursuant to this subparagraph, the enhanced deposit shall be deposited in the KIDS Account in which funding for that pupil is currently held. (B) This paragraph shall become inoperative on January 1, 2029. (4) (A) A pupil who receives an enhanced deposit into their KIDS Account pursuant to paragraph (1) or (2) may only have one enhanced deposit made into their existing or newly established KIDS Account pursuant to this article, except as provided for in subparagraph (B). A pupil shall not have more than one KIDS Account established for them pursuant to this article. (B) Notwithstanding subparagraph (A), a pupil who receives an enhanced deposit into their KIDS Account pursuant to subparagraph (A) or (C) of paragraph (1), or a pupil who receives an enhanced deposit pursuant to subparagraph (A) or (C) of paragraph (2), may also receive enhanced deposits pursuant to paragraph (3). (b) (1) The board shall collaborate with the State Department of Education, or other relevant governmental agencies, to identify eligible pupils for the purpose of establishing KIDS Accounts or making an enhanced deposit into existing KIDS Accounts pursuant to this section. To the extent feasible, the State Department of Education shall annually provide necessary data using census day data in a secure manner for the board to fulfill its obligations pursuant to this article, including, but not necessarily limited to, eligible pupils’ names, pupil identification, birth dates, grade levels, contact information of parents or legal guardians, and eligibility information. For purposes of this subdivision, the information received by the board shall be considered necessary to facilitate the establishment or enhancement of KIDS Accounts, or the establishment of a notification process for parents or legal guardians of eligible pupils. (2) The board shall comply with federal and state laws to protect individual privacy, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and all of the following federal statutes: (A) The federal Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended). (B) The federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended). (C) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (3) Notwithstanding any other law, individual records or source data associated with the establishment of a KIDS Account pursuant to this article shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) The Legislature finds and declares that undocumented persons are eligible for KIDS Accounts within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code. (d) It is the intent of the Legislature to appropriate state funding in the annual Budget Act to support the establishment of a KIDS Account for any eligible pupil who meets, or could meet in a future year, the requirements to be exempt from nonresident tuition pursuant to subdivision (a) of Section 68130.5. (e) (1) For the 2024–25 to 2029–30 fiscal years, inclusive, the board shall partner with the Riverside County Office of Education, including the 23 school districts in the County of Riverside, to explore ways to increase participation in the KIDS Program. For the 2025–26 to 2029–30 fiscal years, inclusive, the board shall partner with the San Diego Unified School District to explore ways to increase participation in the KIDS Program. (2) As permissible under federal and state data privacy and data security laws, the board shall provide the local educational agencies specified in paragraph (1) with the statewide student identifiers of pupils within their respective jurisdictions who have not yet engaged with the KIDS Account established on their behalf commencing with the 2021–22 fiscal year. The board shall provide data at least three times per year to the extent feasible. Upon receipt of this data, the local educational agencies shall be responsible for complying with all applicable federal and state data privacy and data security laws relating to pupil record information. (3) The board shall comply with federal and state laws to protect individual privacy, including, but not limited to, the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) and all of the following federal statutes: (A) The federal Family Educational Rights and Privacy Act of 1974 (Public Law 93-380, as amended). (B) The federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, as amended). (C) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (4) (A) On or before September 30, 2025, and on or before September 30, 2029, the board, in collaboration with the local educational agencies specified in paragraph (1), shall submit a report to the Department of Finance and the Legislature, pursuant to Section 9795 of the Government Code. The report shall include, at a minimum, all of the following: (i) The number of KIDS Program participants within the jurisdictions of the partnering local educational agencies that have registered on the program’s online portal and the number that have linked their KIDS Account to a Scholarshare 529 account. (ii) The number of KIDS Program participants within the jurisdictions of the partnering local educational agencies that have requested a distribution of funds for qualified higher education expenses and the total amount of those payments. (iii) A comparison of the rates specified in clauses (i) and (ii) with the rates of KIDS Program participants statewide. (iv) As provided by the partnering local educational agencies, a description of the outreach strategies they implemented that were aimed at increasing participation in the KIDS Program, along with any information available on the direct impact of each of those strategies. (v) Recommendations for improving KIDS Program structure and outreach in collaboration with local educational agencies. (B) The board may include this information in its annual report on the KIDS Program pursuant to subdivision (c) of Section 69996.6. (5) This subdivision shall become inoperative on July 1, 2030. (Amended by Stats. 2025, Ch. 9, Sec. 7. (AB 123) Effective June 27, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69510. Source version: id_ba591a7e-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. The Student Aid Commission shall be composed of the following 15 members: (a) One representative from public, proprietary, or nonprofit postsecondary schools located in California. (b) One representative from a California independent college or university. (c) One representative each from the University of California, the California State University, and the California Community Colleges. (d) Two members each of whom shall be a student enrolled in a California postsecondary educational institution at the time of appointment, and shall be enrolled in a California postsecondary educational institution for the duration of the term. A student member who graduates from an institution with no more than six months of the student member’s term remaining shall be permitted to serve for the remainder of the term. (e) (1) Three public members. This paragraph shall become inoperative on the date that a public member’s term expires. (2) Two public members and one member who has knowledge, expertise, or experience in accessing the educational benefits available to veterans of the Armed Forces of the United States. This paragraph shall become operative on the date that a public member’s term expires. (f) One representative from a California secondary school. (g) Two representatives appointed by the Senate Rules Committee. (h) Two representatives appointed by the Speaker of the Assembly. (Amended by Stats. 2025, Ch. 561, Sec. 1. (AB 587) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69511. Source version: id_62467a7c-8392-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) (1) Except as provided in subdivision (b), each member of the commission, other than a student member and a member appointed pursuant to subdivision (h) of Section 69510, shall have a four-year term. Members appointed pursuant to subdivision (h) of Section 69510 shall serve at the pleasure of the Speaker of the Assembly. (2) (A) A student member appointed pursuant to subdivision (d) of Section 69510 shall have a term of two academic years. (B) Upon expiration of the student member’s two-year term, if the Governor has not appointed a successor, the student member may remain in office for one additional year or until the Governor appoints a successor, whichever occurs first. The requirements of subdivision (d) of Section 69510 do not apply to a student in the additional year under this paragraph. (C) The commission shall notify the appropriate student organization for each segment, as described in Section 69511.5, of a pending student member vacancy no less than three months before the expiration of the term, and of the appropriate student organization’s opportunity to submit a list of nominees pursuant to Section 69511.5. (b) The term of one member appointed pursuant to subdivision (g) of Section 69510, effective January 1, 1991, shall be for five years. Each subsequent term for members appointed pursuant to this subdivision shall be for four years. (c) At no time shall both student representatives be enrolled in the same segment of postsecondary education in California. For purposes of this subdivision, each postsecondary education program listed in subdivisions (a), (b), and (c) of Section 69510 is a segment of postsecondary education in California. (d) Appointment to the commission of members appointed pursuant to subdivisions (a) to (f), inclusive, of Section 69510 shall be made by the Governor subject to confirmation by the Senate. (e) Any vacancy shall be filled by the appointment of a person who will have the same status as the predecessor of the appointee. Except for appointees appointed by the Speaker of the Assembly, the appointee shall hold office only for the balance of the unexpired term. (f) (1) Each member of the commission shall receive a stipend of one hundred dollars ($100) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission. In addition, each member shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties. (2) In addition, if a student member who attends a qualifying institution, as defined in Section 69432.7, is not the recipient of a Cal Grant award, the qualifying institution, as a condition of participation in the Cal Grant program, shall waive the student member’s tuition, up to the maximum award amount for that institution, for the duration of the student member’s term of office. (g) (1) If an act of Congress establishes a program of scholarships or grants for undergraduate students and permits administration of the program within a state by a state agency, the Student Aid Commission, as established by Section 69510, shall administer the act within the state if the Governor and the Student Aid Commission, by a majority vote of its entire membership, determine that the participation by the state in the federal scholarship or grant program under the act would not interfere with or jeopardize the continuation of the scholarship program established under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3. (2) The commission shall constitute the state commission on federal scholarships or grants and is hereby empowered to formulate a plan for development and administration of any federal scholarship or grant program within the state. (3) Subject to the provisions of this chapter, the commission is hereby vested with all necessary power and authority to cooperate with the government of the United States, or any agency or agencies thereof, in the administration of any act of Congress establishing a scholarship or grant program and the rules and regulations adopted thereunder. (4) Before adopting a state plan, the commission, acting as the state commission on federal scholarships or grants, shall hold public hearings as provided in the California Administrative Procedure Act. (Amended by Stats. 2018, Ch. 43, Sec. 1. (AB 1831) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69511.5. Source version: id_fdb55fb8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) Notwithstanding Section 69511, the Governor shall appoint each student member of the Student Aid Commission pursuant to subdivision (d) of Section 69510 from the persons nominated in accordance with the provisions of subdivision (b). (b) For each student member of the commission, the appropriate student organization may submit a list of nominees. The list shall specify not less than three and not more than five nominees. The appropriate student organization for each segment shall be a composite group of at least five representative student government associations, as determined by the commission. (c) The student member appointed to the commission shall not be enrolled in the same segment as the outgoing student member or in the same segment of the other sitting student member. (d) Participating student organizations designated in subdivision (b) shall inform students within their respective segment of pending student vacancies on the commission. (e) The person appointed as a student member of the Student Aid Commission pursuant to this section shall be subject to confirmation by the Senate as required in subdivision (d) of Section 69511. (Amended by Stats. 1990, Ch. 1573, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69512. Source version: id_fdb55fba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. The members of the commission shall annually select a chairperson from the members of the commission. (Amended by Stats. 1985, Ch. 1379, Sec. 1. Effective October 1, 1985.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69513. Source version: id_fdb55fbc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. The commission shall appoint a director who shall be the chief executive officer for the commission and who shall serve at the pleasure of the commission. The Legislature hereby requests the commission to designate that executive officer as the person holding the position confidential to it, within the meaning of subdivision (e) of Section 4 of Article VII of the Constitution. The commission may employ other employees as it deems necessary to carry out its functions under this chapter. (Amended by Stats. 1993, Ch. 8, Sec. 18. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69513.1. Source version: id_fdb55fbe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. The commission may delegate to the director any power, duty, purpose, function, or jurisdiction that the commission may lawfully delegate, including the authority to enter into and sign contracts on behalf of the commission. The director may redelegate any of those powers, duties, purposes, functions, or jurisdictions to his or her designee, unless by statute, or rule or regulation, the director is expressly required to act personally. (Added by Stats. 1992, Ch. 482, Sec. 2. Effective August 14, 1992.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69513.2. Source version: id_c1565960-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. Notwithstanding any other law: (a) The commission shall grant up to an additional 30 calendar days beyond an application deadline for any financial aid program administered by the commission pursuant to this part if the commission receives and approves a formal request to postpone the application deadline from either the superintendent of a school district or community college district or from the president or chancellor of a California institution of higher education that is eligible to receive state funds for student financial assistance and the commission finds that a qualifying event, as defined in subdivision (e), has occurred. (b) Notwithstanding subdivision (a), the commission may grant up to an additional 30 calendar days beyond an application deadline for any financial aid program administered by the commission pursuant to this part if the commission finds that a qualifying event described in paragraph (2) or (3) of subdivision (e) has occurred. (c) A postponement of an application deadline granted by the commission pursuant to this section shall apply to all financial aid applicants within the school district, community college district, or the area or region, such as a city or county, that was predominantly affected by the qualifying event. (d) For purposes of this section, the commission may, on a permanent basis, delegate to the director of the commission the authority to grant a deadline postponement authorized by this section. (e) For purposes of this section, a “qualifying event” is any event or extenuating circumstance outside of the control of the pupils or students in an affected school district, community college district, or area or region that has had an adverse effect on the ability of students within the district to successfully complete and submit their financial aid applications by an established statutory deadline. The qualifying event shall have occurred or been ongoing during the period for which financial aid applications were available to submit for the following academic year, and includes, but is not limited to, any of the following types of events: (1) A natural disaster. (2) A state of emergency declared by the Governor or the President of the United States. (3) A delay in the opening of the Free Application for Federal Student Aid, as declared by the commission. (4) A labor action. (f) The commission may establish procedures, which may include a standardized application form, through which a postponement of an application deadline may be requested by the individuals referenced in subdivision (a). The formal application to the commission shall be submitted no later than 15 business days after the occurrence of the qualifying event in question, or, if the qualifying event is ongoing, no later than 15 business days after the conclusion of the qualifying event, and shall include, at a minimum, all of the following: (1) A description of the qualifying event that is the basis for the request, including how the event in question has had an adverse effect on students’ ability to submit their financial aid applications by the established deadline. (2) A list of any financial aid outreach events, including, but not limited to, workshops or webinars sponsored by the commission, that have been canceled or delayed due to the qualifying event. (3) When available, data showing that there has been, or is likely to be, a reduction in the number of students who have completed a financial aid application from the previous year. (g) If the commission grants the postponement of an application deadline pursuant to this section, the commission shall issue a written notice of the postponement of the deadline within 48 hours of granting the postponement of the deadline. The notice shall include the approved postponed deadline, and shall be sent to all of the following or their respective designees: (1) The individual who requested the extension pursuant to subdivision (a), if applicable. (2) The Superintendent of Public Instruction. (3) The Governor. (4) The Director of Finance. (5) The President of the University of California. (6) The Chancellor of the California State University. (7) The Chancellor of the California Community Colleges. (8) The Joint Legislative Budget Committee and the chairpersons of the relevant fiscal and policy committees of the Legislature. (h) When granting a postponement of an application deadline pursuant to this section, the commission shall post all of the following on its internet website: (1) The approved postponed deadline. (2) The public school district, community college district, or area or region, such as a city or county, to which the approved postponed deadline applies. (i) The authority to grant postponements of application deadlines established pursuant to this section shall apply to all of the following programs established in statute, and any other state-funded financial aid programs administered by the commission pursuant to this part: (1) The Cal Grant A Entitlement program established by Article 2 (commencing with Section 69434) of Chapter 1.7. (2) The Cal Grant B Entitlement program established by Article 3 (commencing with Section 69435) of Chapter 1.7. (3) The California Community College Transfer Cal Grant Entitlement Program established by Article 4 (commencing with Section 69436) of Chapter 1.7. (4) The Competitive Cal Grant A and B Awards program established by Article 5 (commencing with Section 69437) of Chapter 1.7. (5) The Middle Class Scholarship Program established by Article 22 (commencing with Section 70020). (j) Commission staff shall annually report all of the following information to the commission, the Joint Legislative Budget Committee, and the chairpersons of the relevant fiscal and policy committees of the Legislature: (1) The total number of deadline postponement requests that were granted pursuant to subdivision (a). (2) The total number of statewide financial aid applications received after the established application deadline. (3) The specific school districts, community college districts, or areas or regions within the state that received approval to submit a delayed financial aid application pursuant to subdivision (a). (4) Information regarding whether approved deadline postponements due to a natural disaster or state of emergency were made equally available to financial aid applicants across the impacted area or region. (Amended by Stats. 2025, Ch. 31, Sec. 1. (AB 313) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69513.5. Source version: id_fdb55fc0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. In no event shall the director of the commission, any employee of the commission, or any individual retained by the commission serve as chairperson or a member of an advisory committee of the commission. This prohibition shall include, but not be limited to, all advisory committees established by statute and all advisory committees established by the commission. (Added by Stats. 1984, Ch. 268, Sec. 16.38. Effective June 30, 1984.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69514. Source version: id_c8484da2-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. The commission shall do all of the following: (a) Report, on or before April 1 of each year, statistical data examining the impact and effectiveness of state-funded programs. The commission shall use common criteria in determining the impact of these programs, and shall have the authority to obtain any data from postsecondary educational institutions necessary for the reports. To the extent practicable, this report shall specifically note the number and the demographic characteristics of the students who qualify for a Cal Grant award based on obtaining high school graduation or its equivalent pursuant to subparagraph (B) of paragraph (4) of subdivision (a) of Section 69433.9. (b) Collect and disseminate data concerning the financial resources and needs of students and potential students, and the scope and impact of existing state, federal, and institutional student aid programs. (c) Report, on or before April 1 of each year, the aggregate financial need of individuals seeking access to postsecondary education and the degree to which current student aid programs meet this legitimate financial need. (d) Develop and report annually the distribution of funds and awards among income groups, ethnic groups, grade point average levels, and postsecondary education segments. (e) Prepare and disseminate information regarding the criteria used in distributing available student aid funds. (f) Be authorized to expend funds for the purpose of disseminating information about all institutional, state, and federal student aid programs to potential applicants. This distribution of information shall primarily focus on potential applicants with the greatest financial need. (g) In the event that the Financial Aid Shopping Sheet developed by the United States Department of Education is no longer available, develop, in consultation with the Bureau for Private Postsecondary Education, a similar form that a postsecondary educational institution subject to the requirements of either Section 66021.3 or 94912.5 shall use. The form shall provide students and their families with information, including, but not necessarily limited to, grant and scholarship opportunities and net costs associated with attendance at an institution. (Amended by Stats. 2025, Ch. 648, Sec. 4. (SB 67) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69514.3. Source version: id_f0bd5726-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) Notwithstanding any other law, the commission may receive donations, bequests, grants, and philanthropic funding, subject to conditions or restrictions that the executive director of the commission may deem advisable, and subject to the approval of the Director of Finance as provided in Section 11005 of the Government Code. (b) Beginning January 1, 2024, at the first regular commission meeting of the calendar year, the commission shall publicly report both of the following: (1) The source, and the amount from each source, of any philanthropic funding received during the calendar year immediately preceding the reporting deadline. (2) The purpose for which that philanthropic funding was used. (Added by Stats. 2022, Ch. 187, Sec. 1. (AB 2286) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69514.5. Source version: id_38335889-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) The Community College Student Financial Aid Outreach Program is hereby established. The commission shall, in consultation with the office of the Chancellor of the California Community Colleges, develop and administer this program for the purpose of providing financial aid training to high school and community college counselors and advisers who work with students planning to attend or attending a community college. This training shall also address the specific needs of all of the following: (1) Community college students intending to transfer to a four-year institution of higher education. (2) Foster youth and former foster youth, as defined in subdivision (b) of Section 66025.9. (3) Homeless youth and former homeless youth, as defined in subdivision (b) of Section 66025.9. (4) Students with disabilities. (b) The program shall provide specialized information on financial aid opportunities available to community college students, with a particular focus on students who plan to transfer to a four-year college or university. The commission shall work in collaboration with the Chancellor of the California Community Colleges and other segments of higher education to develop and distribute this specialized information to assist community college students who are planning to transfer to a four-year college or university. Each year, the program shall offer financial aid workshops for high school and community college counselors, targeted for students planning to attend a community college or to transfer from a community college to a four-year institution of higher education. The program shall assist community college counselors in conducting student and family workshops that provide general information about financial aid and technical assistance in completing financial aid forms. (c) The program shall concentrate its efforts on high schools and community colleges that are located in geographic areas that have a high percentage of low-income families. (Amended by Stats. 2019, Ch. 163, Sec. 3. (AB 806) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69515. Source version: id_fdb6e666-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. As used in this division, “commission” means the Student Aid Commission created by this article. (Amended by Stats. 1989, Ch. 1113, Sec. 9.5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69515.5. Source version: id_b51612b7-e38e-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) The commission may enter into an agreement with a public agency of a state other than California, or a private entity related to an agency of another state, to assist the other agency or entity in implementing student financial aid programs, including providing assistance with processing grants, fellowships, and loans through the use of automated information systems. The commission may receive payment, reimbursement, or other resources as consideration for services provided pursuant to agreements entered into under this section. (b) The commission shall establish fees for services it provides pursuant to this section in order to recover, at a minimum, the full costs of providing those services, including all direct and indirect costs. (c) The Financial Aid Technical Assistance Fund is hereby created in the State Treasury, and moneys in the fund shall be available, upon appropriation by the Legislature to the commission, for the direct and indirect costs of providing assistance to agencies and entities of other states with implementation of Dream Act programs and to improve financial aid services for California. The commission shall deposit the proceeds of the fees established under this section into the fund. Only the moneys received for purposes of this section shall be deposited into the fund. The fund shall be credited with all of the investment income earned by the moneys deposited in the fund. Moneys in the fund are not part of the General Fund as defined in Section 16300 of the Government Code. (d) The commission shall use moneys deposited in the fund for all costs associated with providing technical assistance to agencies of states other than California, and related private entities, pursuant to this section, and moneys remaining in the fund after those costs are retired shall be used to improve student financial aid services for California. Prior to the expenditure of these residual funds, the commission shall submit a detailed expenditure plan for approval by the Department of Finance as part of the annual budget process. (e) Beginning October 1, 2014, the commission shall submit an annual report to the Department of Finance and the Joint Legislative Budget Committee detailing the total revenues collected in the fund, by service provided and applicable fee collected, and the use of the moneys in the fund. (Added by Stats. 2013, Ch. 50, Sec. 1. (AB 94) Effective July 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69516. Source version: id_bbdc6732-e411-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. The commission shall work cooperatively with the State Department of Social Services to develop an automated system to verify a student’s status as a foster youth to aid in the processing of applications for federal financial aid. (Added by Stats. 2017, Ch. 722, Sec. 1. (SB 12) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69517. Source version: id_fdb6e668-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) The Student Aid Commission, in consultation with an advisory committee of students and representatives of postsecondary institutions, may make adjustments to award selection procedures and selection criteria. In determining adjustments, the commission shall consider at least all of the following factors: (1) The impact of the adjustments on the distribution of funds and awards among income groups, ethnic groups, and grade point average levels. (2) The impact of the adjustments on the distribution of funds and awards among postsecondary education segments. (3) The costs of implementing proposed adjustments. (4) The availability of financial aid from other sources for students who qualify for an award. (b) The commission may also consider the impact of inflation in the proposed adjustments pursuant to subdivision (a). (c) In proposing changes to the procedures and criteria for award selection that would result in a substantive change in the recipient population, the commission shall submit the proposed changes for public review and comment in accordance with procedures established in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1989, Ch. 1113, Sec. 11.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69517.5. Source version: id_aa9da86d-069e-11db-aa50-b94f5128c5ed Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. The Student Aid Commission shall, with the assistance of the Attorney General’s office, seek refunds on any awards to students made under this part that resulted from the student or his or her parents, or both, reporting information concerning their status incorrectly, with the incorrect information leading to the establishment of the student’s financial eligibility to receive an award. (Amended by Stats. 2006, Ch. 43, Sec. 4. Effective June 26, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69518. Source version: id_fdb86d0c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) By September 15 of each fiscal year, the Student Aid Commission shall submit budget change proposals to the Department of Finance for inclusion in the Governor’s Budget prepared pursuant to Section 12 of Article IV of the California Constitution. (b) The budget change proposals submitted pursuant to subdivision (a) shall include, but not be limited to, an analysis of the impact of any proposed adjustments in the distribution of funds and awards. (c) Any supporting materials prepared for the Student Aid Commission’s consideration and public review and comment pursuant to this section, including, when it becomes available, data pertaining to the impact of any proposed adjustments on the distribution of funds and awards among income groups, ethnic groups, grade point average levels, and postsecondary education segments, shall be incorporated within the expenditure plan. (d) If the Student Aid Commission proposes, in its budget change proposals, adjustments to the maximum grant, number of grants, and the income ceiling for grant awards made pursuant to Section 69532, at least the following factors shall be considered in determining the appropriate adjustments: (1) The impact of inflation. (2) The availability of financial aid from other sources for students who would qualify for a grant award. (3) Any changes in the level of educational support provided to students at public colleges and universities in the state. (4) The impact of proposed adjustments in the maximum grant and in the income ceiling upon the utilization of public and private postsecondary educational institutions. (5) The number of applicants eligible to receive an award in the previous year who did not receive an award in the previous year. (Amended by Stats. 1989, Ch. 1113, Sec. 12.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69519. Source version: id_bae9dea6-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) The commission, through an interagency agreement with the State Department of Social Services, currently operates a federally funded scholarship program, known as the Chafee Educational and Training Vouchers Program, that provides grant aid to provide access to California’s current and former foster youth to postsecondary education. Funds provided through an appropriation by the Legislature shall be supplemental to funds provided by the federal government, and are designated to ensure program availability in the absence of and before the annual receipt of federal funds for this purpose. The department shall opt in, as necessary, to expand program age eligibility of former foster youth up to 26 years of age pursuant to federal program guidelines. The department shall pursue and seek possible Chafee Educational and Training Vouchers Program federal matching dollars. (b) Funds provided for this program shall be used to assist students who are current and former foster youth, for career and technical training or traditional college courses. The commission shall operate this program in accordance with the program instructions provided by the federal Department of Health and Human Services, Administration for Children and Families, and the program guidelines developed by the State Department of Social Services. (c) The total amount of funding and the amount of individual awards shall depend upon the amount of federal funding provided in addition to state funding. The commission, in conjunction with the State Department of Social Services, shall determine the individual award amounts and total number of students awarded on an annual basis as the amount of total annual funding is determined. (d) Commencing with the 2021–22 award year, the commission may make initial award offers totaling up to 200 percent of the total state and federal program funding available for all awards. Each year, the commission, in conjunction with the State Department of Social Services, shall determine the number of initial awards offered, based on the historical acceptance rate of initial awards and the size of awards, so not to exceed the total amount of available funding for the full award cycle. The commission shall make an award offer contingent upon available funding, and may adjust or withdraw an award offer before payment to ensure that total award payments do not exceed the total amount of available funding for the award cycle. The commission shall inform each recipient of an award offer that the offer may be withdrawn or adjusted before payment and that an award is payable to an eligible student only to the extent that funding is available. (e) Commencing with the 2017–18 award year, the commission shall make a new Chafee grant award to a student only if the student attends either of the following: (1) A qualifying institution that is eligible for participation in the Cal Grant Program pursuant to Section 69432.7. (2) An institution that is not located in California that satisfies the provisions of subparagraphs (C) and (F) of paragraph (3) of subdivision (l) of Section 69432.7. (f) (1) Commencing with the 2018–19 award year, the commission shall make a Chafee grant award to a student only if the student meets both of the following conditions: (A) The student will not be 26 years of age or older by July 1 of the award year. (B) The student attends either of the following institutions: (i) A qualifying institution that is eligible for participation in the Cal Grant Program pursuant to Section 69432.7. (ii) An institution that is not located in California that satisfies the provisions of subparagraphs (C) and (F) of paragraph (3) of subdivision (l) of Section 69432.7. (2) Implementation of this subdivision is contingent upon an appropriation of sufficient funds in the annual Budget Act for this purpose. (g) The California Community Colleges and the California State University shall, and the University of California is requested to, provide all Chafee grant recipients, upon release of the first payment, with information regarding available support services on campus and the process for completing an educational plan. In this notification, Chafee grant recipients shall be strongly encouraged to avail themselves of these services if they have not already done so. (h) (1) (A) If a student fails to demonstrate satisfactory academic progress, as defined by the institution where the student is enrolled, for two consecutive semesters or three consecutive quarters, or an equivalent enrollment period, the student shall meet with an appropriate college staff member to develop a plan for improving academic progress or update an existing plan, in order to ensure that the student is making satisfactory progress toward completion and to receive their remaining Chafee grant funds. (B) If a student with a plan pursuant to subparagraph (A) fails to meet satisfactory academic progress standards for a third consecutive semester or fourth consecutive quarter, or an equivalent enrollment period, the student shall meet with an appropriate college staff member to update the plan, in order to ensure that the student is making satisfactory progress toward completion and to receive their remaining Chafee grant funds. (C) Once a plan has been developed or updated pursuant to subparagraph (A) or (B), as applicable, and submitted to the financial aid office, remaining Chafee grant funds shall be released to the student for the next applicable semester, quarter, or other period, in accordance with the existing schedule for release. (2) A student who fails to update their plan, or who fails to meet satisfactory academic progress standards for a fourth consecutive semester or fifth consecutive quarter, or an equivalent enrollment period, shall lose Chafee grant eligibility subject to subdivision (i). (3) For purposes of this subdivision, a college staff member who can assist a student on their plan includes an academic counselor, a Homeless and Foster Student Liaison, as described in Section 67003.5, an Extended Opportunity Programs and Services counselor, a Cooperating Agencies Foster Youth Educational Support Program counselor, a Disabled Student Programs and Services counselor, another campus-based foster youth support program staff member, or another appropriate adviser. (4) This subdivision and subdivision (i) apply to any student who is otherwise eligible to receive a Chafee grant award pursuant to subdivision (f). (5) The California Community Colleges, the California State University, and the University of California may use existing resources to implement this subdivision and subdivisions (g) and (i), to the extent those resources may be lawfully expended for those purposes. (6) For purposes of this section, the definition of “satisfactory academic progress” used by the institution where the student is enrolled shall provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that institution, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements. (i) A student who fails to demonstrate satisfactory academic progress, as defined by the institution where the student is enrolled, for four consecutive semesters or five consecutive quarters, or an equivalent enrollment period, shall lose eligibility for a Chafee grant, subject to the following: (1) A student who loses eligibility may appeal the loss of the Chafee grant during any subsequent semester or quarter, or term, following the loss of eligibility. (2) An institution shall provide a student written notice of the process for appealing the loss of a Chafee grant, regardless of whether the institution offers an appeal process for loss of other forms of financial aid. (3) In reviewing the appeal of a student, an institution shall automatically reinstate a student’s Chafee grant eligibility if one of the following applies: (A) The student achieves either a 2.0 GPA during the previous semester or quarter, or other applicable term, or a cumulative GPA of 2.0, even if the student did not meet the institution’s satisfactory academic progress policy requirements. (B) The student demonstrates the existence of an extenuating circumstance that impeded successful course completion in the past but that has since been addressed such that the student is likely to demonstrate satisfactory academic progress in the future. (C) The student provides evidence of engagement with a supportive program, either on or off campus, that is assisting the student to make continued academic progress. (4) A student who loses Chafee eligibility by not demonstrating satisfactory academic progress and subsequently is not enrolled for one or more semesters or quarters, or another applicable term or terms, shall be eligible for a Chafee grant upon reenrollment at a qualifying institution. (j) A student’s receipt of a Chafee grant award shall not exceed five years, which need not be consecutive. (k) An institution shall not impose any additional eligibility criteria for a Chafee grant other than those described in this section and in Section 677(i) of Title 42 of the United States Code. (l) Commencing with the 2018–19 award year, up to eighty thousand dollars ($80,000) of any appropriation made by the Legislature in the annual Budget Act or another statute to expand the Chafee Educational and Training Vouchers Program age eligibility of former foster youth up to 26 years of age may be used by the commission or the State Department of Social Services for outreach to newly eligible former foster youth who are at least 23 years of age, but are not yet 26 years of age, for the 2018–19 to 2020–21 fiscal years, inclusive. Outreach may include travel, material development, printing or publication, and other costs, as necessary. (m) The commission shall annually report to the Legislature all of the following information for the preceding award year: (1) The number of students who apply to receive a Chafee grant award. (2) The number of Chafee grants awarded. (3) The number of Chafee applicants denied due to either of the following reasons: (A) The Chafee applicant no longer meets the age requirements of the program. (B) There is insufficient proof of the Chafee applicant’s status as a current or former foster youth. (4) The number of Chafee awardees unpaid due to any of the following reasons: (A) Failure to meet minimum enrollment requirements. (B) Failure to demonstrate satisfactory academic progress according to campus policy. (C) Any other common reason that a Chafee awardee did not receive a payment. (5) The number and age of students paid through the Chafee Educational and Training Vouchers Program. (6) The average Chafee grant award amount. (7) Qualifying institutions where Chafee grant awards are used. (8) Degree levels for which Chafee grant awards are used. (9) The amount spent on outreach and education efforts and the types of activities that the authorization in subdivision (l) funded. This information shall include the distribution of outreach funding between the commission and the State Department of Social Services, and any other entity that was involved. (Amended by Stats. 2020, Ch. 285, Sec. 2. (AB 2416) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2. The Student Aid Commission [69510 - 69519.3] SECTION 69519.3. Source version: id_804fcbf6-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2. (a) It is the intent of the Legislature to clarify educational policies for purposes of improving access for low-income students to the CalFresh program established pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code. (b) For purposes of Section 273.5(a) of Title 7 of the Code of Federal Regulations, a student shall be determined to be attending at least half-time any semester or term in which the student enrolls in at least one-half of the number of credits needed each semester or term to graduate within four years of enrollment as a first-time freshman, or within two years of enrollment as a transfer student, unless prohibited by federal law. (c) The commission shall notify, in writing, a recipient of a Cal Grant award whose grant includes any amount of funding that has been derived from the Temporary Aid to Needy Families (TANF) block grant or state match in order for the student to verify that the student qualifies for the exemption from the CalFresh program student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations. (d) (1) To the extent the commission is permitted by federal law to use information to determine a student’s CalFresh eligibility and possesses the pertinent information, the commission shall notify students of their exemption from the CalFresh program student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations and their potential eligibility for CalFresh benefits. (2) The notification provided in paragraph (1) shall be considered the verification of the student’s exemption from the CalFresh program student eligibility rules provided for in Section 273.5(b) of Title 7 of the Code of Federal Regulations, as specified in the notice for purposes of qualifying for the CalFresh program. (e) The commission shall not be required to provide more than one written notification under this section to a student who is eligible for notification under subdivision (c) or (d). (f) The commission shall confer with stakeholders on at least an annual basis to implement this section and continuously improve the process of securing CalFresh benefits for eligible students. (Amended by Stats. 2022, Ch. 167, Sec. 1. (SB 20) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521. Source version: id_1fe7f829-5886-11dc-bdef-8bedad9dc77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. (a) The Legislature finds and declares both of the following: (1) The student loan guarantee business is not a core mission of government. Recognition of this fact led, in 1996, to the approval of the establishment of an auxiliary organization for the purpose of providing operational and administrative services for the Student Aid Commission’s participation in the Federal Family Education Loan Program. (2) Pursuant to that authority, an auxiliary organization was established to provide, pursuant to contract, certain services to the Student Aid Commission. (b) It is the intent of the Legislature that the value of the auxiliary organization’s arrangement with the Student Aid Commission and the Student Aid Commission’s participation in the Federal Family Education Loan Program be maximized through either of the following: (1) The sale of the state’s interest in the student loan guarantee portfolio of the Student Aid Commission and certain related assets and liabilities of the student loan guarantee program operated by the Student Aid Commission, to a firm approved to act as a state student loan guarantee agency for the Federal Family Education Loan Program by the Secretary of Education. (2) The entry into an arrangement for the operation of the state student loan guarantee program by an entity meeting the financial and compliance standards established for the Federal Family Education Loan Program. (Added by Stats. 2007, Ch. 182, Sec. 1. Effective August 24, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.2. Source version: id_2035a2fb-5886-11dc-bdef-8bedad9dc77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. For the purposes of this article, all of the following definitions apply: (a) “Auxiliary organization” means the organization established pursuant to Article 2.5 (commencing with Section 69522). (b) “Director” means the Director of Finance. (c) “Federal Family Education Loan Program” means the program established pursuant to Part B (commencing with Section 1071) of Subchapter IV of Chapter 28 of Title 20 of the United States Code, and includes, but is not necessarily limited to, the Stafford and PLUS loan programs. (d) “Federal Student Loan Reserve Fund” means the fund of that name established pursuant to Section 69766. (e) “Operating agreement” means the agreement entered into between the Student Aid Commission and the auxiliary organization pursuant to Section 69522. (f) “Secretary of Education” means the United States Secretary of Education and the Secretary of Education acting through the United States Department of Education. (g) “State student loan guarantee program” means the activities performed by the Student Aid Commission as a state student loan guarantee agency pursuant to Public Law 94-482, and subsequent federal regulations, as authorized pursuant to Article 13 (commencing with Section 69760) or on behalf of the Student Aid Commission by the auxiliary organization. (h) “State student loan guarantee program assets” means all of the assets of the state student loan guarantee program held by the Student Aid Commission and all assets of the auxiliary organization, tangible and intangible, including, without limitation, the state’s interest in all loan guarantee contracts and agreements, the funds deposited in the Student Loan Operating Fund other than federal funds, all funds held by the auxiliary organization other than federal funds, and the state’s interest in any leases of real property or equipment entered into by the auxiliary organization. These assets shall not include any property of the United States held by the Student Aid Commission or the auxiliary organization, as determined pursuant to Public Law 94-482, or subsequent federal regulations. (i) “State student loan guarantee program liabilities” means all of the liabilities of the state student loan guarantee program as determined by the Director of Finance. (j) “Student Loan Operating Fund” means the fund of that name established by Section 69766. (k) “Transferee guarantee agency” means an alternative student loan guarantee agency for the Federal Family Education Loan Program that is the purchaser of the state student loan guarantee program assets and liabilities. (l) “Transferee guaranty program operator” means the entity with which the state enters into an arrangement for the operation of the state student loan guarantee program pursuant to this article. (m) “Treasurer” means the State Treasurer. (Added by Stats. 2007, Ch. 182, Sec. 1. Effective August 24, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.3. Source version: id_ebb216c1-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. (a) The Director of Finance is hereby authorized to act as agent for the state and, in that capacity, to sell the state student loan guarantee program assets and liabilities not retained by the Student Aid Commission to an entity that the director, in consultation with the Treasurer, determines will provide the best combination of each of the following: (1) The highest price for those state student loan guarantee program assets and liabilities. (2) The greatest security for the payment of the purchase price. (3) Demonstrated competence and professional qualifications necessary for the continued satisfactory performance of student loan guarantee services. (4) The approval of the Secretary of Education. (5) The quality of student services offered, including, but not necessarily limited to, borrower training in budgeting and financial management, including debt management and other forms of financial literacy. (6) Borrower transparency or disclosure policies for products or services, or both, offered to students outside of the federal student loan programs. (b) Notwithstanding any other provision of law, the sale process shall include the steps the director, in consultation with the Treasurer, deems necessary or convenient to achieve the ends set forth in this section. The process shall include, but not necessarily be limited to, all of the following: (1) The satisfaction of criteria established by the director, in consultation with the Treasurer, consistent with achieving a combination of the best price for those state student loan guarantee program assets and liabilities and the continued operation of student loan guarantee services for California under the Federal Family Education Loan Program. These criteria shall include any pertinent requirements of the Secretary of Education. (2) A Notice of Request for Qualifications sent by the Director of Finance to each firm currently acting as a state student loan guarantee agency under the Federal Family Education Loan Program and any entity proposed by the Secretary of Education, and advertised in the State Contracts Register pursuant to Sections 14827.1 and 14827.2 of the Government Code. This notice shall include a description of the state student loan guarantee program, a summary description of the state student loan guarantee program assets and liabilities offered for sale, and a description of the due diligence review process to provide potential purchasers with further information regarding the state student loan guarantee program assets and liabilities offered for sale, the selection criteria on which the transaction will be based, the submission requirements and deadlines, and a Department of Finance contact name and telephone number for more information. A copy of the Notice of Request for Qualifications shall be provided to the Joint Legislative Budget Committee within seven days of transmittal to state student loan guarantee agencies. (3) The evaluation by the director, in consultation with the Treasurer, of all statements timely submitted in response to the Notice of Request for Qualifications sent pursuant to paragraph (2), using the criteria contained in the notice, and, based on those statements, the establishment of a qualified purchasers list. (Amended by Stats. 2008, Ch. 757, Sec. 24. Effective September 30, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.4. Source version: id_ec08c243-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. (a) If, after seeking the advice of, and in active participation with, the Treasurer, the Director of Finance determines that an alternative arrangement to the sale of the state student loan guarantee program assets and liabilities may be financially beneficial to the state, the Director of Finance is also hereby authorized to enter into an arrangement other than that authorized in Section 69521.3, for the purpose of maximizing the value of the state student loan guarantee program assets and liabilities. This arrangement may take any form the director, in consultation with the Treasurer, deems advisable to provide the best combination of each of the following: (1) The greatest value to the General Fund. (2) The greatest financial security for achieving value to the General Fund. (3) The continued satisfactory performance of student loan guarantee services. (4) The approval of the United States Secretary of Education, to the extent required by Public Law 94-482, or subsequent federal regulations. (5) The quality of student services offered, including, but not necessarily limited to, borrower training in budgeting and financial management, including debt management and other forms of financial literacy. (6) Borrower transparency or disclosure policies for products or services, or both, offered to students outside of the federal student loan programs. (b) Notwithstanding any other provision of law, this process shall include the steps the Director of Finance, in consultation with the Treasurer, deems necessary or convenient to achieve the ends set forth in this section. The process shall include, but not necessarily be limited to, all of the following: (1) The satisfaction of the established criteria consistent with achieving a combination of the greatest value to the General Fund and the continued operation of student loan guarantee services for California under the Federal Family Education Loan Program. The criteria shall include any pertinent requirements of the Secretary of Education. (2) A Notice of Request for Qualifications sent by the director to each nonprofit entity currently acting as a state student loan guaranty agency under the Federal Family Education Loan Program, any entity known to the director to be acting as a servicing agent for a state student loan guaranty agency, and any nonprofit entity proposed by the Secretary of Education, and advertised in the State Contracts Register pursuant to Sections 14827.1 and 14827.2 of the Government Code. The notice shall include a description of the state student loan guarantee program, a summary description of the state student loan guarantee program assets and liabilities, and a description of the due diligence review process to provide further information regarding the state student loan guarantee program assets and liabilities, the selection criteria on which the transaction will be based, submission requirements and date, and a Department of Finance contact name and phone number for more information. A copy of the Notice of Request for Qualifications shall be provided to the Joint Legislative Budget Committee within seven days of transmittal to state student loan guarantee agencies. (3) The evaluation by the director, in consultation with the Treasurer, of all statements timely submitted in response to the Notice of Request for Qualifications, using the criteria contained in the notice, and, based on the statements, the establishment of a qualified purchasers list. (Amended by Stats. 2008, Ch. 757, Sec. 25. Effective September 30, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.5. Source version: id_ec631745-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. (a) The Director of Finance is authorized to take all actions that he or she deems to be necessary or convenient to accomplish any of the following: (1) To preserve the state student loan guarantee program assets, pending consummation of their sale or the consummation of any other transaction, to maximize the value of the state student loan guarantee program to the state, including, without limitation, as authorized in Sections 69522, 69526, and 69766. (2) To engage in negotiations with, and provide sufficient information regarding the state student loan guarantee assets and liabilities to, potential purchasers or any potential transferee guaranty program operator. (3) To either consummate the sale of, and transfer, the state student loan guarantee program assets and liabilities not retained to the Student Aid Commission to the transferee guarantee agency, or to consummate the agreement with the transferee guaranty program operator. (4) To seek and negotiate with the United States Secretary of Education the designation of any alternative state student loan guarantee agency for California under the Federal Family Education Loan Program or the approval of the Secretary of Education of any transferee guaranty program operator to the extent required by Public Law 94-82, or subsequent federal regulations. (5) To transfer the Federal Student Loan Reserve Fund to any transferee guaranty agency in a manner that is consistent with the intentions of the United States Secretary of Education. (6) To transfer any of the state student loan guarantee program assets in the form of cash or investments not transferred to any transferee guaranty agency or transferee guarantee program operator directly to the General Fund. (7) To retain any state student loan guarantee program assets determined by the director to be necessary or appropriate for the purposes of the Student Aid Commission. (b) In order to accomplish the purposes of this article, the Director of Finance shall do all of the following: (1) Notify the Chairperson of the Joint Legislative Budget Committee and the chairpersons of the Senate and Assembly Budget Committees of the determination of the Director of Finance to proceed with a transaction other than the sale of the state student loan guarantee program assets and liabilities pursuant to Section 69521.3, providing that notice no later than 30 days prior to the consummation of the transaction with the transferee guarantee program operator. (2) Upon the consummation of the sale of the state student loan guarantee program assets to a transferee guaranty agency, the Director of Finance shall notify the Secretary of State and the Chairperson of the Joint Legislative Budget Committee. (3) Upon the consummation of a transaction authorized by this article with a transferee guarantee program operator, the Director of Finance shall notify the Secretary of State and the Chairperson of the Joint Legislative Budget Committee. (c) In order to accomplish the purposes of this article: (1) The Student Aid Commission shall cooperate fully with the Director of Finance and, in particular, take all steps to preserve the state student loan guarantee program assets deemed necessary or convenient by the Director of Finance, including, without limitation, as set forth in Sections 69522, 69526, and 69766. (2) The Student Aid Commission shall direct the auxiliary organization to cooperate fully with the director. (3) Until the consummation of the sale or other transaction to maximize the value of the state student loan guarantee program to the state, all of the actions, approvals, and directions of the Student Aid Commission affecting the state student loan guarantee program shall be effective only upon the approval of the Director of Finance. (4) Notwithstanding any provision of the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code), the auxiliary organization shall, as directed by the Student Aid Commission under paragraph (2), cooperate fully with the Director of Finance. (Amended by Stats. 2008, Ch. 757, Sec. 26. Effective September 30, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.6. Source version: id_21621413-5886-11dc-bdef-8bedad9dc77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. Notwithstanding any other provision of law, neither the approval of the Attorney General nor of the Director of General Services is required for the execution and implementation of the sale, lease, conveyance, exchange, transfer, or other disposition of the auxiliary organization, any state student loan guarantee program assets or liabilities held by the auxiliary organization, or any sale or other arrangement authorized by this article. (Added by Stats. 2007, Ch. 182, Sec. 1. Effective August 24, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.7. Source version: id_21aab5d5-5886-11dc-bdef-8bedad9dc77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. The state student loan guarantee program assets and liabilities shall be transferred to the transferee guarantee agency upon the completion of any sale pursuant to this article, and may be transferred to the transferee guaranty program operator if contemplated by the transaction entered into pursuant to Section 69521.4. (Added by Stats. 2007, Ch. 182, Sec. 1. Effective August 24, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.8. Source version: id_21f26d37-5886-11dc-bdef-8bedad9dc77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. (a) The Director of Finance shall deposit all proceeds of any sale of, or any funds achieved through any other arrangement to maximize the value of, the state student loan guarantee program assets and liabilities under this article, net of any costs related to that transaction, into the General Fund. (b) The proceeds of any sale of, or any funds achieved through any other arrangement to maximize the value of, the state student loan guarantee program assets and liabilities are not “proceeds of taxes” as that term is used in subdivision (c) of Section 8 of Article XIII B of the California Constitution. The disbursement of these proceeds is not subject to the limitations imposed by that article. (Added by Stats. 2007, Ch. 182, Sec. 1. Effective August 24, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.9. Source version: id_223ae7e9-5886-11dc-bdef-8bedad9dc77b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. (a) Notwithstanding any other provision of law, the Director of Finance is authorized to enter into an agreement with a firm or individual to act as an advisor to the state in the transactions contemplated by this article. Section 14838 of the Government Code and Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code does not apply to any agreement entered into by the director with an advisor pursuant to this section. (b) Notwithstanding any other provision of law, the Director of Finance is also authorized to enter into a legal services agreement to obtain specialized legal advice related to the transactions contemplated by this article. Section 11040 of the Government Code and Section 6072 of the Business and Professions Code shall not apply to the legal services agreement entered into by the director pursuant to this section. (Added by Stats. 2007, Ch. 182, Sec. 1. Effective August 24, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.10. Source version: id_eb0c12bd-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. (a) The Director of Finance, in consultation with the Treasurer, shall select a firm or individual to provide advisory services based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required, in the manner described in this section. (b) The Director of Finance and the Treasurer shall establish selection criteria for selecting an advisor. The criteria may include, but are not necessarily limited to, factors such as professional excellence, demonstrated competence, specialized experience in performing similar services, education and experience of key personnel to be assigned, staff capability, ability to meet schedules, nature and quality of similar completed work of the firm or individual, reliability and continuity of the firm or individual, and other considerations deemed by the director and the Treasurer to be relevant and necessary to the performance of advisory services. (c) The Director of Finance, for the purposes of obtaining services under this section, shall send a Notice of Request for Qualifications to firms and individuals in the underwriter and financial advisor pools of the Treasurer. The director shall publish this notice in the State Contracts Register pursuant to Sections 14827.1 and 14827.2 of the Government Code. The notice shall include a description of the advisory services required, the selection criteria based on which the contract award will be made, submission requirements and deadlines, and a Department of Finance contact name and telephone number for more information. A copy of the Notice of Request for Qualifications shall be provided to the Joint Legislative Budget Committee within seven days of publication in the State Contracts Register. (d) (1) After the final response date stated in the Notice of Request for Qualifications, the Director of Finance and the Treasurer shall review the responses submitted, and shall evaluate them using the criteria contained in the notice. The director and the Treasurer shall rank, in order of preference based on the criteria contained in the notice, the firm or individuals determined to be qualified to perform the required services. (2) The Director of Finance and the Treasurer, or their designees, may interview any of the qualified firms or individuals regarding the experience and qualifications of those firms or individuals, as well as anticipated concepts and the benefits of alternative methods of furnishing the required services. (e) (1) Following the interviews, if any, held pursuant to subdivision (d), the Director of Finance and the Treasurer shall adjust the ranking of the qualified individuals or firms to reflect those firms or individuals deemed to be the most highly qualified to perform the required services. (2) The Director of Finance, in consultation with the Treasurer, shall enter into negotiations with the firm or individual most highly ranked pursuant to paragraph (1). If negotiations are concluded successfully, the director shall enter into a contract. If the director, in his or her sole discretion, concludes that the negotiations are unsuccessful, the director shall terminate the negotiations, and begin new negotiations, in consultation with the Treasurer, with the other firms or individuals ranked pursuant to paragraph (1) in order of their ranking, and either contract with or terminate negotiations with each next most highly ranked firm or individual. (3) If, after pursuing the negotiation process set forth in paragraph (2), the Director of Finance has been unable to negotiate a satisfactory contract at fair and reasonable compensation, the director may reinstitute the selection process prescribed in this section, commencing with the issuance of a new Notice of Request for Qualifications. (4) The Director of Finance shall notify the Joint Legislative Budget Committee in writing within seven days of entering into a contract with an individual or firm pursuant to paragraph (2). (Amended by Stats. 2008, Ch. 757, Sec. 27. Effective September 30, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 2.4. Maximizing the Value of the State Student Loan Guarantee Program Assets and Liabilities [69521 - 69521.11] SECTION 69521.11. Source version: id_eb5c2e8f-920d-11dd-ae3d-c681062c343a Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=2.4. (a) The Director of Finance shall notify the Joint Legislative Budget Committee in writing upon his or her determination that neither the sale nor any other transaction authorized by this article is anticipated to achieve the purposes of this article. (b) The Director of Finance shall cease those activities he or she is authorized or directed to undertake pursuant to this article and Sections 69522, 69526, and 69766 upon the earlier of: (1) The 30th day following written notice by the director to the Chairperson of the Joint Legislative Budget Committee pursuant to subdivision (a). (2) January 10, 2011. (Amended by Stats. 2008, Ch. 757, Sec. 28. Effective September 30, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] SECTION 69999.6. Source version: id_2155c12f-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.5. (a) In enacting this article, it is the intent of the Legislature to accomplish all of the following: (1) Provide explicit authority to the board to continue to administer accounts for, and make awards to, persons who qualified for awards under the provisions of the Governor’s Scholarship Programs as those provisions existed on January 1, 2003, prior to the repeal of former Article 20 (commencing with Section 69995). (2) Provide for the management and disbursement of funds previously set aside for the scholarship programs authorized by former Article 20 (commencing with Section 69995). (3) Provide a guarantee should additional funds be needed to cover awards authorized and made pursuant to former Article 20 (commencing with Section 69995). (b) The board may manage and disburse the funds previously set aside for the scholarship programs authorized by former Article 20 (commencing with Section 69995). (c) If a person has earned an award under the Governor’s Scholarship Programs on or before January 1, 2003, but has not claimed the award on or before June 30, 2004, he or she still may claim the award by a date that is five years from the first June 30 that fell after he or she took the qualifying test. An award shall not be made by the board after that date. (d) The board shall negotiate with the current manager of the Governor’s Scholarship Programs and execute an amended or new management and funding agreement, before January 1, 2013, which shall include, but not be limited to, all of the following: (1) Terms providing for the return to the General Fund by no later than January 1, 2013, of moneys appropriated to the Governor’s Scholarship Programs that are not anticipated to be needed to make awards pursuant to paragraphs (1) and (2) of subdivision (a). (2) Provisions that authorize the board to pay agreed-upon early withdrawal penalties or fees. (3) Terms that extend to the final date upon which the board may withdraw funds for a person who earned an award under the Governor’s Scholarship Programs. (e) (1) If funds retained in the Golden State Scholarshare Trust after January 1, 2013, are insufficient to cover the remaining withdrawal requests, it is the intent of the Legislature to appropriate the necessary funds to the Golden State Scholarshare Trust for the purpose of funding individual beneficiary accounts. (2) The board shall notify the Department of Finance and the Legislature no later than 10 working days after determining that a shortfall in available funding described in paragraph (1) will occur. (f) (1) (A) Of the funds transferred to the General Fund pursuant to paragraph (1) of subdivision (d), five million dollars ($5,000,000) is hereby appropriated to the Chancellor of the California State University, without regard to fiscal years, to fund the establishment and administration of the California Open Education Resources Council and the California Digital Open Source Library, and the development or acquisition of open education resources, or any combination thereof, pursuant to legislation enacted in the 2011–12 Regular Session of the Legislature, provided that the chancellor may provide reimbursement to the California Community Colleges and the University of California for costs those segments, or their representatives, incur in association with the activities described in this paragraph. (B) Effective January 1, 2016, three million dollars ($3,000,000) of the moneys appropriated pursuant to this paragraph are hereby reappropriated pursuant to paragraph (4). (2) Except those moneys allocated pursuant to paragraphs (3) and (4), moneys, or a portion of moneys, appropriated pursuant to paragraph (1) shall not be encumbered unless at least 100 percent of that amount encumbered is matched by private funds and, if not matched by private funds, shall revert to the Golden State Scholarshare Trust for purposes of the Governor’s Scholarship Programs. (3) Of the unencumbered amount appropriated pursuant to paragraph (1) as of June 30, 2015: (A) Up to two hundred thousand dollars ($200,000) may be used for administration of the California Open Online Library for Education. These funds may be used by the California Open Online Library for Education to continue developing and updating its services to provide faculty, staff, and students convenient access to open educational resources as course materials and to provide administrative support for the California Open Educational Resources Council. These funds may be used by the California Open Online Library for Education for purposes of the Open Educational Resources and Adoption Incentive Program until September 1, 2020. (B) Up to twenty-seven thousand dollars ($27,000) may be used for stipends to members of the California Open Education Resources Council for these members to carry out their duties in accordance with the Open Educational Resources Adoption Incentive Program. (4) Of the funds transferred to the General Fund pursuant to paragraph (1) of subdivision (d) and appropriated pursuant to paragraph (1), three million dollars ($3,000,000) is hereby reappropriated to the Chancellor of the California State University, without regard to fiscal years, for allocation for the Open Educational Resources Adoption Incentive Program. (g) The board may adopt rules and regulations for the implementation of this article. (Amended by Stats. 2015, Ch. 633, Sec. 2. (AB 798) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] SECTION 69999.7. Source version: id_fdf7233c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.5. (a) Notwithstanding any other provision of law, not later than 30 days after enactment of the Budget Act of 2004, the Scholarshare Investment Board shall transfer from the Golden State Scholarshare Trust to the General Fund the lesser of (1) fifty million dollars ($50,000,000) or (2) the balance resulting from unclaimed awards in the Golden State Scholarshare Trust that exceeds five million dollars ($5,000,000) as of the close of business on the business day preceding the transfer. (b) The amount remaining in the Golden State Scholarshare Trust after the transfer required by subdivision (a) shall be available as a reserve for funding claims for these awards. If claims for these awards exceed four million dollars ($4,000,000) of the reserve established by this act in the Golden State Scholarshare Trust, the Scholarshare Investment Board shall notify the Controller of the amount of any shortfall of funds for the payment of claims, and the Controller shall transfer an amount of money equal to the shortfall from the General Fund to the Golden State Scholarshare Trust. (Added by Stats. 2004, Ch. 227, Sec. 15. Effective August 16, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.5. Management and Disbursement of Funds Previously Set Aside for Repealed Governor’s Scholarship Programs [69999.6 - 69999.8] SECTION 69999.8. Source version: id_fdf8a9de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.5. As used in this article: (a) “Board” means the Scholarshare Investment Board established pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 69984. (b) “Former Article 20” means former Article 20 (commencing with Section 69995) of Chapter 2 of Part 42 of the Education Code, as it read on January 1, 2003. (Added by Stats. 2004, Ch. 227, Sec. 15. Effective August 16, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.10. Source version: id_0e18af17-fcec-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. This article shall be known, and may be cited, as the California Military Department GI Bill. (Amended by Stats. 2018, Ch. 547, Sec. 2. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.12. Source version: id_52d4f789-fcec-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. There is hereby established the California Military Department GI Bill Award Program. (Amended by Stats. 2018, Ch. 547, Sec. 3. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.14. Source version: id_c715ddfc-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. The Legislature finds and declares all of the following: (a) The California Military Department exists to provide a military organization in California with the capability to protect the lives and property of the people of the state during periods of natural disaster and civil disturbances, and to perform other functions required by the Military and Veterans Code or as directed by the Governor. (b) The California Military Department performs an essential public purpose in protecting the health, safety, and property of California’s citizens and, in order to fulfill its objectives, it is necessary for the California Military Department to have sufficient service members to deal with natural or human-caused disasters and emergencies. (c) The state-sponsored education benefit is an important tool used to ensure that the California Military Department attracts and retains highly competent and capable service members who stand ready to immediately respond to the state’s call. (d) The California Military Department GI Bill is an investment in the men and women who serve California faithfully. This incentive ensures that members of the California National Guard and the California State Guard are not placed at an educational disadvantage when compared to their active duty or reserve component counterparts. (e) The Legislature and the California Military Department believe that every service member who takes the oath to serve this great state needs to be afforded the best opportunity to achieve a higher education. (Amended by Stats. 2020, Ch. 97, Sec. 7. (AB 2193) Effective January 1, 2021. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.16. Source version: id_cb167eae-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. (a) Commencing January 1 of the 2009–10 academic year, and each academic year thereafter, any qualifying member of the California National Guard, the State Guard, or the Naval Militia may apply for an award under the California Military Department GI Bill. (b) (1) A qualifying member shall meet all of the following conditions to be eligible to receive a California Military Department GI Bill award: (A) The person is a resident within the meaning of Section 68017. (B) The person is an active member of the California National Guard, the State Guard, or the Naval Militia. (C) The person has been accepted or registered at, or enrolled in, a qualifying institution, as defined in subdivision (l) of Section 69432.7. (D) The person agrees to use the award to obtain a certificate, degree, or diploma that the person does not hold at the time the person applies for the award, and enrolls in at least three academic units per semester, or the equivalent thereof. The award may be used to obtain one baccalaureate, graduate, or doctoral degree. The award may be used for a certificate, degree, or diploma that leads to a baccalaureate, graduate, or doctoral degree. (E) The person agrees to serve two years in the California National Guard, the Naval Militia, or the California State Guard upon completion of the last academic period that the person uses educational assistance under this program. (F) The person agrees to complete their course of study within 10 years of the person’s initial acceptance into the program. If a person is unable to complete their course of study in the 10-year period due to federal military activation or other unexpected circumstance, the Adjutant General of the California Military Department may extend that person’s participation in the program for a period of up to five additional years. (G) The person has submitted the Free Application for Federal Student Aid (FAFSA) to the United States Department of Education. (2) To be eligible for an award for a summer session term, a qualifying member who meets the conditions in paragraph (1) shall submit a letter from the member’s unit commander that states that the member’s enrollment in that summer session will not adversely impact the member’s attendance at mandatory military training. (c) Each person applying for a California Military Department GI Bill award shall submit an application for an award to the Adjutant General. (d) The Adjutant General shall do all of the following: (1) Annually identify the skills most needed by the California National Guard to retain members who possess, or seek to possess, those identified skills. (2) Prioritize those applicants who qualify for an award pursuant to subdivision (b) based on the skills most needed by the California National Guard, as identified pursuant to paragraph (1). (3) Select award recipients from among eligible applicants pursuant to subdivision (e). (4) Certify the eligibility of applicants to the Student Aid Commission. (5) Notify recipients of their selection for an award. (e) The Adjutant General shall select recipients who have been judged by the Adjutant General to have outstanding ability on the basis of criteria that may include, but shall not be limited to, any of the following: (1) The Military Occupational Specialty Code or the Air Force Specialty Code. (2) An annual noncommissioned officer evaluation report or officer evaluation report of the preceding two years. (3) A memorandum from the applicant’s commander recommending the applicant for the award. (4) Commendations the applicant has received. (5) An essay, written by the applicant, explaining why education is important to the applicant. (f) The number of awards issued by the Student Aid Commission in any fiscal year shall be limited to the number authorized in the annual Budget Act for that year, but in no event shall exceed 1,000 in any fiscal year. (g) The Student Aid Commission shall issue the awards in accordance with Section 69999.18. (Amended by Stats. 2020, Ch. 97, Sec. 8. (AB 2193) Effective January 1, 2021. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.18. Source version: id_fbb38ecf-fcec-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. (a) The Student Aid Commission is responsible for issuing awards authorized by Section 69999.16, upon receipt of a certificate from the Adjutant General verifying that the applicant meets the eligibility requirements of this article. The commission shall provide any information to the Military Department that is necessary to meet the reporting requirements of Section 69999.24. (b) The amount of an award issued pursuant to this article shall be as follows: (1) For a recipient attending the University of California or the California State University, the maximum amount of the Cal Grant A award, pursuant to Section 66021.2, as adjusted in the annual Budget Act. (2) For a recipient attending a community college, the maximum amount of the Cal Grant B award, pursuant to Section 66021.2, as adjusted in the annual Budget Act. (3) For a recipient attending a nonpublic institution, the maximum amount of a Cal Grant A award for a student attending the University of California pursuant to Section 66021.2, as adjusted in the annual Budget Act. (c) An award used for graduate studies shall not exceed the maximum amount of a Cal Grant A award, as specified in paragraph (1) of subdivision (b). (d) The award amount under subdivisions (b) and (c) shall not exceed the difference between the recipient’s cost of attendance and any other student financial aid and educational benefits pursuant to the federal Montgomery GI Bill (38 U.S.C. Sec. 3001 et seq.) or any other federal educational benefits program for veterans. (e) California Military Department GI Bill awards may be renewed for each new academic year, for a maximum of the greater of either (1) four years of full-time equivalent enrollment or (2) the duration for which the qualifying member would otherwise be eligible pursuant to the Cal Grant Program (Chapter 1.7 (commencing with Section 69430)), if the Adjutant General certifies the qualifying member’s eligibility and the qualifying member maintains at least a 2.0 cumulative grade point average. (Amended by Stats. 2018, Ch. 547, Sec. 6. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.20. Source version: id_33d5d2e1-fced-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. Qualifying members shall not receive both a California Military Department GI Bill award and any Cal Grant award for the same academic year. A qualifying member under this article who is also eligible for a Cal Grant award may elect between an award under this article and any Cal Grant award for the same academic year. (Amended by Stats. 2018, Ch. 547, Sec. 7. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.22. Source version: id_1218dd9b-7ea0-11de-8c49-ad23393e09f7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. The Student Aid Commission, in consultation with the Military Department, shall adopt emergency rules and regulations, pursuant to Section 11346.1 of the Government Code, for the purpose of administering this article. These rules and regulations shall include provisions that establish criteria for selecting award recipients, including priorities for allocating available money to applicants. The Student Aid Commission may solicit the advice of representatives from postsecondary educational institutions regarding any proposed rules and regulations. (Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.23. Source version: id_12b2ac9d-7ea0-11de-8c49-ad23393e09f7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. (a) Costs incurred by the Student Aid Commission for issuing and processing awards shall be reimbursed through an interagency agreement from appropriations in the annual Budget Act to the Military Department for purposes of this article. (b) The Student Aid Commission may enter into contracts with a public agency or a private entity to improve the processing and distribution of awards through the use of electronic networks and unified databases. (Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.24. Source version: id_6bfe8093-fced-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. The Student Aid Commission shall report annually to the Legislature regarding program participation, including, but not necessarily limited to, both of the following, as categorized on the basis of age, ethnicity, and gender: (a) The total number of participants in the program established by this article. (b) The number of participants who receive a California Military Department GI Bill award, classified by academic year. (Amended by Stats. 2018, Ch. 547, Sec. 8. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 20.7. California Military Department GI Bill Award Program [69999.10 - 69999.28] SECTION 69999.28. Source version: id_14e1c1a3-7ea0-11de-8c49-ad23393e09f7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=20.7. This article shall become operative only upon an appropriation by the Legislature for the purposes of this article. (Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Note: Contingent operation provision applies to Article 20.7, commencing with Section 69999.10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] SECTION 70000. Source version: id_fdf8a9e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21. (a) The Governor’s Teaching Fellowships Program is hereby established to be administered by the Chancellor’s office of the California State University. The chancellor’s office shall collaborate with the University of California, the California Community Colleges, the Association of Independent California Colleges and Universities, the State Department of Education, and the Commission on Teacher Credentialing to ensure that access to the fellowships is available to students in a variety of teaching preparation programs. (b) In January 2001, 250 nonrenewable graduate teaching fellowships in the amount of twenty thousand dollars ($20,000) each shall be awarded, with funds disbursed one-half in January 2001 and one-half in September 2001. (c) During the 2001–02 fiscal year, 1,000 nonrenewable, graduate teaching fellowships in the amount of twenty thousand dollars ($20,000) each shall be awarded. (d) Commencing with the 2002–03 fiscal year and each fiscal year thereafter, the number of fellowships awarded shall be determined pursuant to an appropriation in the annual Budget Act for this purpose. (e) The fellowship award may be used to defer tuition for a teacher certification program at any accredited postsecondary institution in California and for living expenses while enrolled in that program. (Amended by Stats. 2002, Ch. 1167, Sec. 31. Effective September 30, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] SECTION 70001. Source version: id_fdf8a9e4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21. (a) The Chancellor’s office of the California State University shall have the following duties: (1) Developing an application process that establishes a merit-based fellowship program for graduate students who agree to teach at a high-priority school for four years. (2) Establishing a broad and effective outreach effort to promote the availability and the merits of the fellowship program. (3) Conducting the selection process for fellowship applicants. (4) Collaborating with the Commission on Teacher Credentialing to develop and implement a system for monitoring program participants through the completion of their four-year teaching obligation. (5) Determining the criteria for selecting teaching fellowship candidates. The criteria shall include, at a minimum, all of the following: (A) Previous academic and employment record. (B) A demonstrated commitment to serve in a high-priority school. (C) Faculty and employer evaluations. (D) Interviews. (E) Letters of recommendation. (b) For the purposes of this article, a “high-priority school” is a school in the bottom half of the Academic Performance Index rankings established pursuant to subdivision (a) of Section 52056. If a school meets this criteria at the time a teacher is hired, continued employment of the teacher at that school fulfills the commitment made by the teacher, even if the school improves its rank on the Academic Performance Index. (Amended by Stats. 2003, Ch. 91, Sec. 30. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] SECTION 70002. Source version: id_fdf8a9e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21. An intersegmental review committee is hereby established to review all applications for the Governor’s Teaching Fellowships. The committee shall recommend teaching fellowship candidates to the Chancellor’s office of the California State University. The committee shall consist of 12 members, appointed by the Governor to a term of four years, based on recommendations as follows: (a) The Chancellor of the California State University shall recommend six members. Two shall be faculty members. One shall be an administrator from higher education. One shall be an administrator from a school maintaining kindergarten or any of grades 1 to 12, inclusive. Two shall be teachers from schools maintaining kindergarten or any of grades 1 to 12, inclusive. (b) The President of the University of California shall recommend three members. One shall be a faculty member. One shall be an administrator from either higher education or schools maintaining kindergarten or any of grades 1 to 12, inclusive. One shall be an elementary or secondary teacher. (c) The Chair of the Association of Independent California Colleges and Universities shall recommend three members. One shall be a faculty member. One shall be an administrator from either higher education or schools maintaining kindergarten or any of grades 1 to 12, inclusive. One shall be an elementary or secondary teacher. (Added by Stats. 2000, Ch. 70, Sec. 21. Effective July 5, 2000. Operative September 23, 2000, pursuant to Sec. 22 of Ch. 70.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] SECTION 70003. Source version: id_fdfa3088-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21. (a) A fellowship recipient shall agree to teach in a high-priority school for four years and shall have four years, upon completion of his or her preparation program, to meet that obligation. Except as provided in subdivision (c), a fellowship recipient shall agree to repay the state five thousand dollars ($5,000) annually for each year the recipient fails to complete either the teacher preparation program or the required teaching service, up to full repayment of twenty thousand dollars ($20,000). (b) Nonperformance of the commitment to teach in a high-priority school for four years shall be certified by the Commission on Teacher Credentialing to the chancellor’s office. (c) Any exceptions to the requirement for repayment shall be defined by the chancellor’s office. (Amended by Stats. 2003, Ch. 91, Sec. 31. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] SECTION 70004. Source version: id_fdfa308a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21. The Trustees of the California State University shall provide an annual report, for each higher education institution, on the number of fellows receiving funding, the number of fellows completing programs, and the place of employment for each candidate. (Added by Stats. 2000, Ch. 70, Sec. 21. Effective July 5, 2000. Operative September 23, 2000, pursuant to Sec. 22 of Ch. 70.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21. Governor’s Teaching Fellowships [70000 - 70005] SECTION 70005. Source version: id_fdfa308c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21. (a) The Chancellor’s office of the California State University shall adopt any rules and regulations it deems necessary for the administration of this section and the recovery of funds it determines are owed to the state. The rules and regulations adopted by the chancellor’s office pursuant to this section shall also include a provision authorizing the chancellor’s office to seek a civil penalty on a recipient of funds under this program, in an amount not to exceed five thousand dollars ($5,000) per year for each year that the recipient of funds is determined by the Commission on Teacher Credentialing to have failed to fulfill his or her obligation to teach in a high-priority school. (b) Any moneys derived from the assessment of penalties pursuant to this section shall be deposited into the General Fund. (Amended by Stats. 2003, Ch. 91, Sec. 32. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70010. Source version: id_fdfbb730-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. (a) The California Memorial Scholarship Program is hereby established. The program shall be administered by the Scholarshare Investment Board established pursuant to Section 69984. The program shall be funded by the California Memorial Scholarship Fund established pursuant to Section 5066 of the Vehicle Code. (b) The purpose of the program is to provide scholarships for surviving dependents of California residents killed as a result of injuries sustained during the terrorist attacks of September 11, 2001. These scholarships shall be used to defray the costs incurred by participants in the program at institutions of higher education. The Legislature finds and declares that the scholarships provided by this act are funded by voluntary donations provided by California vehicle owners. (Amended by Stats. 2003, Ch. 62, Sec. 78. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70010.1. Source version: id_9ddb0510-3ee8-11e6-976a-ea9f0138f43d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. As used in this article: (a) “Board” means the Scholarshare Investment Board established pursuant to Section 69984. (b) “California resident” means a person who would not be required to pay nonresident tuition under Chapter 1 (commencing with Section 68000) of Part 41. (c) “Dependent” means a person identified by the California Victim Compensation Board because of his or her relationship to a California resident killed as a result of injuries sustained during the terrorist attacks of September 11, 2001. (d) “Fund” means the California Memorial Scholarship Fund established pursuant to Section 5066 of the Vehicle Code. (e) “Institution of higher education” has the same meaning as “eligible educational institution,” as defined in paragraph (5) of subsection (e) of Section 529 of the Internal Revenue Code of 1986, as amended by Section 211 of the Taxpayer Relief Act of 1997 (Public Law 105-34). (f) “Participant” means a surviving dependent of a California resident killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, who has executed, or on whose behalf has been executed, an agreement pursuant to Section 70011. (g) “Program” means the California Memorial Scholarship Program established pursuant to Section 70010. (h) “Scholarship” means a participant’s account as established by the board with moneys deposited in the fund. (Amended by Stats. 2016, Ch. 31, Sec. 22. (SB 836) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70010.5. Source version: id_a73e6e82-3ee8-11e6-976a-ea9f0138f43d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. (a) The California Victim Compensation Board shall identify, and confirm by documentation, all persons who are eligible for scholarships under the program. The California Victim Compensation Board shall use various methods to identify those persons, including, but not limited to, all of the following: (1) Media outreach, including, but not limited to, social media, that explains the details of the program, who is eligible for scholarships under the program, and how to sign up for further notifications regarding the program. (2) Written notification to persons, or in the case of minors, their parents or guardians, who have previously been identified as eligible for scholarships under the program, and their known family members. The notification shall explain that the program has been reopened, and that the California Victim Compensation Board is seeking information regarding other persons who may be eligible for the program, and shall provide instructions on how to sign up for further notifications regarding the program. (3) Communication with the Special Master of the federal September 11th Victim Compensation Fund to determine if additional victims who were California residents have been identified. (b) After creating a new list of eligible persons for the program, the California Victim Compensation Board shall notify these persons or, in the case of minors, the parents or guardians of these persons, of their eligibility for scholarships under the program. (1) The notification shall be in writing. (2) The notification shall provide details on the program and how to apply for scholarships under the program. (3) The notification shall be received by all of the appropriate persons no later than July 1, 2015. (c) The Scholarshare Investment Board shall service scholarships pursuant to this article only for individuals determined to be eligible by the California Victim Compensation Board. (d) Eligible persons, or in the case of minors, the parents or guardians of these persons, shall inform the Scholarshare Investment Board of their decision on whether to participate in the program in a timely manner. Eligible persons, or in the case of minors, the parents or guardians of these persons, who are to become participants in the program shall execute agreements pursuant to Section 70011 no later than July 1, 2016. (Amended by Stats. 2016, Ch. 31, Sec. 23. (SB 836) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70010.7. Source version: id_fdfbb736-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. (a) (1) The Department of Motor Vehicles shall deposit the proceeds of the sale of California memorial license plates into the fund in accordance with paragraph (2) of subdivision (c) of Section 5066 of the Vehicle Code. When an agreement is executed pursuant to Section 70011, the board shall establish an account within the fund for the benefit of a person eligible for the program. (2) Distributions from the fund shall commence on July 1, 2005. After July 1, 2005, the total amount of moneys in the fund shall, at all times, be evenly divided among the accounts that are in existence at that time until the board has transferred five thousand dollars ($5,000) from the fund into each account. When five thousand dollars ($5,000) has been transferred by the board into each account, all revenues remaining in the fund shall be deposited into the Antiterrorism Fund created by paragraph (1) of subdivision (c) of Section 5066 of the Vehicle Code and distributed as provided in that paragraph. (b) Moneys in the fund, including moneys in the accounts, may be invested and reinvested by the board, or may be invested in whole or in part under contract with private money managers, as determined by the board. The interest earned shall accrue to the accounts. (c) The board shall establish within the fund an administrative account, the amount deposited in which may not exceed 5 percent of the total amount of moneys in the fund. Funds in the administrative account may be used, upon appropriation in the annual Budget Act or in another statute, for the administrative costs of the board in administering the program. (d) No moneys from the fund may be encumbered, and no distribution may be made from any account in the fund, unless and until an appropriation authorizing that encumbrance or distribution is made in the annual Budget Act or in another statute. (Amended by Stats. 2002, Ch. 406, Sec. 9. Effective September 9, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70011. Source version: id_5c93d4d5-2ca7-11e4-b1ab-d5852f317062 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. (a) The board may enter into agreements with participants or with persons entitled to act on behalf of participants. (b) An agreement shall specify that any moneys remaining in an account after the 30th birthday of the participant, or not later than July 1, 2026, whichever occurs last, shall revert to the Antiterrorism Fund established under paragraph (1) of subdivision (c) of Section 5066 of the Vehicle Code. The agreements may also include, but need not be limited to, the terms and subject matter set forth in Section 69983. (Amended by Stats. 2014, Ch. 242, Sec. 2. (SB 384) Effective August 22, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70011.3. Source version: id_fdfbb73a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. Nothing in this article shall be construed to authorize or require the admission of a participant into a specific institution of higher education or degree program. (Added by Stats. 2002, Ch. 38, Sec. 1. Effective May 13, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70011.5. Source version: id_fdfd3ddc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. Notwithstanding any other provisions of state law, any funds awarded pursuant to this article shall augment and not supplant student financial aid from other state sources. All calculations for eligibility for student financial aid from other state sources shall be made without consideration of any funds awarded pursuant to this article. (Added by Stats. 2002, Ch. 38, Sec. 1. Effective May 13, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70011.7. Source version: id_fdfd3dde-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. Within the annual report required pursuant to Section 69989, the board shall also include information on the operation of the program. This information shall include, but need not be limited to, data on the number of agreements executed during the year, the date on which each agreement is executed, the age of each participant, the amount and number of distributions made from accounts within the fund, and the rate of return on the funds invested under this article. (Amended by Stats. 2002, Ch. 406, Sec. 11. Effective September 9, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 21.5. The California Memorial Scholarship Program [70010 - 70011.9] SECTION 70011.9. Source version: id_fdfd3de0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=21.5. (a) The board may adopt regulations for the purposes of this article as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For the purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. (b) Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any regulation adopted pursuant to this section shall not remain in effect more than one year unless the board complies with rulemaking provisions of the Administrative Procedure Act, as required by subdivision (e) of Section 11346.1 of the Government Code. (Added by Stats. 2002, Ch. 38, Sec. 1. Effective May 13, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] SECTION 70020. Source version: id_8649f08f-e38e-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=22. The Middle Class Scholarship Fund is hereby established in the State Treasury. Moneys in the fund shall be allocated, in accordance with this article, to make higher education more affordable. (Added by Stats. 2013, Ch. 50, Sec. 2. (AB 94) Effective July 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] SECTION 70021. Source version: id_8649f091-e38e-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=22. The Middle Class Scholarship Program is hereby established under the administration of the Student Aid Commission. For purposes of this article, “commission” means the Student Aid Commission. (Added by Stats. 2013, Ch. 50, Sec. 2. (AB 94) Effective July 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] SECTION 70022. Source version: id_528b57da-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=22. (a) (1) Subject to an available and sufficient appropriation, an undergraduate student enrolled in the California State University or the University of California, or a community college student enrolled in upper division coursework of a community college baccalaureate program, described in Article 3 (commencing with Section 78040) of Chapter 1 of Part 48 of Division 7, who meets the requirements of paragraph (3) is eligible for a scholarship award as described in paragraph (2). (2) (A) For the 2013–14 to the 2021–22 academic year, inclusive, except as provided in paragraphs (4) and (5), an eligible student shall receive a scholarship award in an amount that, combined with other federal, state, or institutionally administered student grants or fee waivers received by an eligible student, is up to 40 percent of the amount charged to that student in that academic year for mandatory systemwide tuition and fees, or for an eligible community college student, up to 40 percent of the amount charged to that student in upper division fees for a community college baccalaureate degree program, if all of the requirements in paragraph (3) are met, to the satisfaction of the commission, each academic year. (B) For the 2022–23 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following amounts: (i) Other federal, state, and institutionally administered student scholarships, grants, or fee waivers, and the amount of private scholarships awarded to the student in excess of the sum of the amounts in clauses (ii) and (iii). (ii) Seven thousand eight hundred ninety-eight dollars ($7,898), reflecting an expected student contribution toward cost of attendance from work earnings or other resources. (iii) Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations adopted by the commission. (C) For the 2023–24 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following amounts: (i) Other federal, state, and institutionally administered student scholarships, grants, or fee waivers. (ii) The amount of private grants and scholarships awarded to the student, and institutionally awarded emergency housing funds and other basic needs emergency assistance awarded to the student, including emergency assistance awarded by an institution-based foster youth support program, in excess of the sum of the amounts in clauses (iii) and (iv). (iii) Seven thousand eight hundred ninety-eight dollars ($7,898), reflecting an expected student contribution toward cost of attendance from work earnings or other resources. (iv) Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations adopted by the commission. (D) Commencing with the 2024–25 academic year, except as provided in paragraph (5), an eligible student shall receive a scholarship award in an amount that equals the difference between their cost of attendance as determined by the commission and the sum of the following amounts: (i) Other federal, state, and institutionally administered student need-based scholarships, grants, or fee waivers. (ii) The amount of private grants and scholarships awarded to the student, and institutionally administered non-need-based scholarships and institutionally awarded emergency housing funds or other basic needs emergency assistance awarded to the student, including emergency assistance awarded by an institution-based foster youth support program, in excess of the sum of the amounts in clauses (iii) and (iv). (iii) An expected student contribution toward cost of attendance from work earnings or other resources. The commission shall adjust the 2023–24 amount of seven thousand eight hundred ninety-eight dollars ($7,898) annually thereafter based on the percentage change in the minimum wage, pursuant to paragraph (1) of subdivision (c) of Section 1182.12 of the Labor Code. (iv) Notwithstanding Section 69506, for dependent students with an annual household income exceeding one hundred thousand dollars ($100,000), 33 percent of the parents’ contribution from adjusted available income, as determined using the federal methodology established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1087mm et seq.), and applicable rules and regulations adopted by the commission. (E) If a student’s total award under this article, in combination with other grants and scholarships treated as estimated financial assistance (EFA) or other financial assistance (OFA) pursuant to federal financial aid regulations, exceeds the allowable gift aid under those regulations, the award under this article shall be reduced to the greatest allowable award to maintain compliance pursuant to federal financial aid regulations. (F) If an award in clause (i) of subparagraph (D) of less than three hundred dollars ($300) is identified following the determination of a student’s scholarship award under this article, the student’s scholarship award under this article shall not require a recalculation. (G) Notwithstanding subparagraphs (E) and (F), if a foster youth or former foster youth receives additional financial aid following the determination of the student’s scholarship award under this article, the student’s scholarship award under this article shall not require a recalculation unless a recalculation is necessary in order to comply with federal financial aid regulations. (3) (A) A student shall be eligible to receive an award if all of the following requirements are met, to the satisfaction of the commission, each academic year: (B) (i) For each academic year from 2013–14 to 2021–22, inclusive, the student’s annual household income does not exceed one hundred fifty thousand dollars ($150,000). For awards distributed for the 2016–17 academic year and subsequent academic years, the commission shall annually adjust the maximum income level set under this clause in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. For purposes of this article, annual household income shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506. (ii) Commencing with the 2022–23 academic year, the student’s annual household income does not exceed the following amounts: (I) Two hundred one thousand dollars ($201,000) if the student is a dependent student or an independent student with dependents other than a spouse. (II) One hundred thirty-three thousand dollars ($133,000) if the student is a married independent student with no dependents other than a spouse. (III) One hundred sixteen thousand dollars ($116,000) if the student is a single independent student with no dependents. (iii) For awards distributed for the 2023–24 academic year and subsequent academic years, the commission shall annually adjust the maximum income levels set under clause (ii) in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. For purposes of this article, annual household income shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506. (C) (i) For each academic year from 2015–16 to 2021–22, inclusive, the student’s household asset level shall not exceed one hundred fifty thousand dollars ($150,000). For awards distributed in the 2016–17 academic year and subsequent academic years, the commission shall annually adjust the maximum household asset level set under this clause in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. For purposes of this article, student’s household asset level shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506. (ii) Commencing with the 2022–23 academic year, the student’s household asset level does not exceed the following amounts: (I) Two hundred one thousand dollars ($201,000) if the student is a dependent student or an independent student with dependents other than a spouse. (II) Ninety-six thousand dollars ($96,000) if the student is a single independent student with no dependents or a married independent student with no dependents other than a spouse. (iii) For awards distributed in the 2023–24 academic year and subsequent academic years, the commission shall annually adjust the maximum household asset level set under clause (ii) in accordance with the percentage changes in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution. For purposes of this article, a student’s household asset level shall be calculated in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program (Chapter 1.7 (commencing with Section 69430)) and Section 69506. (D) The student satisfies the eligibility requirements for a Cal Grant award pursuant to either subdivision (a) or (b) of Section 69433.9, except that a student who is exempt from nonresident tuition under Section 68130.5 shall not be required to satisfy the requirements of paragraph (1) of subdivision (a) of Section 69433.9. (E) The student is exempt from paying nonresident tuition. (F) The student completes and submits a Free Application for Federal Student Aid (FAFSA) or a California Dream Act application. The FAFSA or California Dream Act application must be submitted or postmarked by no later than March 2. (G) The student makes a timely application or applications for all other federal, state, or institutionally administered grants or fee waivers for which the student is eligible. (H) The student maintains satisfactory academic progress in a manner that is consistent with the requirements applicable to the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program pursuant to subdivision (m) of Section 69432.7. (I) The student is pursuing the student’s first undergraduate baccalaureate degree or has completed a baccalaureate degree and has been admitted to, and is enrolled in, a program of professional teacher preparation at an institution approved by the Commission on Teacher Credentialing. (J) The student is enrolled at least part time. (4) (A) For each academic year from 2013–14 to 2021–22, inclusive, the percentages specified in paragraph (2) shall be reduced by 0.6-percent increments per one thousand dollars ($1,000) of annual household income in excess of one hundred thousand dollars ($100,000), to a minimum 10 percent, provided that no scholarship award shall be provided to a student with an annual household income exceeding one hundred fifty thousand dollars ($150,000). Beginning with award calculations for the 2016–17 academic year, and for subsequent academic years, the commission shall annually adjust the income levels specified in this subparagraph by the percentage change in the cost of living within the meaning of paragraph (1) of subdivision (e) of Section 8 of Article XIII B of the California Constitution and shall adjust the incremental reduction accordingly to ensure that a minimum of 10 percent of mandatory systemwide tuition and fees for an academic year are awarded. This reduction shall be in addition to any reduction required by Section 70023. (B) Notwithstanding subparagraph (A), for each academic year from 2013–14 to 2021–22, inclusive, for any student who qualifies for a scholarship award of at least one dollar ($1), the minimum annual scholarship amount for full-time enrollment is ninety dollars ($90). (5) (A) For the 2014–15, 2015–16, and 2016–17 academic years, the maximum amount of a student’s scholarship award shall be 35 percent, 50 percent, and 75 percent, respectively, of the total scholarship award amount that the student would otherwise be eligible to receive. (B) Commencing with the 2022–23 academic year, except as provided in subparagraph (D), the maximum amount of a student’s scholarship award shall be determined by the percentage determined pursuant to subparagraph (C) of the total scholarship award amount that the student would otherwise be eligible to receive. (C) The commission shall annually determine the percentage required for purposes of subparagraph (B) by taking the amount appropriated for purposes of this program for the applicable award year, less the amount necessary to fund subparagraph (D), and dividing that by the sum of the projected amount computed pursuant to subparagraph (B), (C), or (D) of paragraph (2) for the applicable award year for all eligible students, except those affected by subparagraph (D). (D) Commencing with the 2023–24 academic year, a current or former foster youth, as defined in paragraph (2) of subdivision (e) of Section 69433.6, shall receive a scholarship award in the full amount determined in subparagraphs (C) or (D) of paragraph (2), as adjusted, if applicable, pursuant to paragraph (2) of subdivision (d). (b) In order for students enrolled in their respective segments to remain eligible to receive a scholarship award under this article, the University of California and the California State University shall not supplant their respective institutional need-based or merit-based grants with the funds provided for scholarships under this article. The University of California and the California State University shall ensure that the amount of institutional student aid provided in each academic year beginning with the 2022–23 academic year is adjusted annually to account for increases in systemwide undergraduate enrollment, as applicable, such that the proportion of institutional student aid relative to systemwide undergraduate enrollment is maintained at a level at least equivalent to the level maintained for undergraduate students during the 2021–22 academic year. The University of California and the California State University shall also ensure that at least 33 percent of the revenues of an increase to existing mandatory systemwide fees charged to undergraduate students is set aside by the regents or the trustees, as applicable, for institutional student aid to assist resident undergraduate students, including those undergraduate students exempt from nonresident tuition pursuant to Sections 68075.5 and 68130.5, and families in meeting the total cost of education. (c) (1) The University of California and the California State University shall report on the implementation of this article as part of the report made pursuant to Section 66021.1. At a minimum, the report shall add the following information, by parental income level or expected family contribution deciles, for the prior academic year: (A) The number and percentage of students receiving an award under this article and the average dollar amount of that award. (B) The number and percentage of students receiving a student loan and the average amount borrowed. (2) The report shall also include the following information by campus for the prior academic year: (A) The cost of attendance for undergraduates in each living arrangement (on campus, off campus, or at home with parents). (B) The number and percentage of undergraduates in each living arrangement (on campus, off campus, or at home with parents). (d) (1) A Middle Class Scholarship Program award authorized pursuant to this article shall be defined as a full-time equivalent grant. An award to a part-time student shall be a fraction of a full-time grant. For each academic year from 2013–14 to 2021–22, inclusive, an award to a part-time student shall be determined by the proportionate amount charged for systemwide tuition and fees. A part-time student shall not be discriminated against in the selection of Middle Class Scholarship Program awards. For purposes of this section, “full-time student” and “part-time student” have the same meaning as specified in subdivision (f) of Section 69432.7. (2) Commencing with the 2022–23 academic year, an award to a student enrolled in six to eight semester units, inclusive, or the equivalent shall be no more than one-half of the award the student would have received had the student enrolled full time. An award to a student enrolled in 9 to 11 semester units, inclusive, or the equivalent shall be no more than three-quarters of the award the student would have received had the student enrolled full time. (Amended by Stats. 2026, Ch. 79, Sec. 12. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] SECTION 70022.5. Source version: id_588a9d02-ca37-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=22. (a) A scholarship award under this article may be renewed for a total of the equivalent of four years of full-time attendance in an undergraduate program or, for a community college award recipient, the equivalent of two years of full-time upper division coursework attendance in the community college baccalaureate degree program. Commencing with the 2016–17 academic year, the total number of years of eligibility for grants pursuant to this article shall be based on the student’s educational level in his or her course of study as designated by the institution of attendance when the recipient initially receives payment for a grant. (b) For a student enrolled in an institutionally prescribed five-year undergraduate program, a scholarship award under this article may be renewed for a total of up to five academic years of attendance as long as the student meets the requirements of Section 70022. (c) A recipient of a scholarship award under this article who has completed a baccalaureate degree, and who has been admitted to and is enrolled in a program of professional teacher preparation at an institution approved by the Commission on Teacher Credentialing, is eligible for, but not entitled to, renewal of the scholarship award for an additional academic year of full-time attendance as long as the student meets the requirements of Section 70022. (Amended by Stats. 2016, Ch. 438, Sec. 6. (SB 1314) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 22. Middle Class Scholarship Program [70020 - 70023] SECTION 70023. Source version: id_f911b850-a949-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=22. (a) For each academic year, the commission shall determine an amount sufficient, when combined with other federal, state, or institutionally administered student scholarships, grants, or fee waivers received by eligible students from other sources, to provide scholarships to eligible students in the amounts described in paragraphs (2), (4), and (5) of subdivision (a) of Section 70022. The University of California, the California State University, and the office of the Chancellor of the California Community Colleges shall provide the commission with any financial aid data that are necessary to determine these amounts. (b) (1) The commission shall annually determine if the amounts appropriated under this section in each fiscal year are sufficient to cover the costs of the scholarships projected to be awarded pursuant to the program. If those amounts are not sufficient for this purpose, the scholarships shall be reduced proportionately by an equal percentage for all recipients of scholarships under this article. Commencing with the 2023–24 academic year, this reduction shall not apply to a scholarship award under this article for current or former foster youth described in subparagraph (D) of paragraph (5) of subdivision (a) of Section 70022. (2) Notwithstanding paragraph (1), commencing with the 2022–23 academic year, for any student who qualifies for a scholarship award under this article of at least one dollar ($1), the minimum annual scholarship amount for full-time enrollment shall be ninety dollars ($90). (c) (1) Each institution participating in the scholarship program under this article shall sign an institutional participation agreement with the commission acknowledging the institution’s willingness to administer the scholarship program pursuant to this article, Title 5 of the California Code of Regulations, and guidance developed by the commission. The institutional participation agreement shall be developed through collaboration and consultation between the commission and the office of the President of the University of California, the office of the Chancellor of the California State University, and the office of the Chancellor of the California Community Colleges. (2) The commission may adopt regulations necessary to carry out the purposes of this article under subdivision (b) as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any regulation adopted pursuant to this section shall not remain in effect more than 180 days unless the commission complies with all provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as required by subdivision (e) of Section 11346.1 of the Government Code. (d) The unencumbered balance, as of June 30 of each fiscal year, of the amount appropriated from the Middle Class Scholarship Fund pursuant to paragraph (1) of subdivision (e) shall revert to the General Fund. (e) (1) Upon order of the Director of Finance, the following amounts shall be transferred from the General Fund to the Middle Class Scholarship Fund, and are hereby appropriated to the commission for allocation pursuant to this article: (A) For the 2014–15 fiscal year, one hundred seven million dollars ($107,000,000). (B) For the 2015–16 fiscal year, eighty-two million dollars ($82,000,000). (C) For the 2016–17 fiscal year, seventy-one million two hundred forty-four thousand dollars ($71,244,000). (D) For the 2017–18 fiscal year, ninety-nine million nine hundred thirty-eight thousand dollars ($99,938,000). (E) For the 2018–19 fiscal year, one hundred four million three hundred forty-five thousand dollars ($104,345,000). (F) For the 2019–20 fiscal year, one hundred sixteen million five hundred fifty-seven thousand dollars ($116,557,000). (G) For the 2020–21 fiscal year, one hundred fourteen million one hundred seventy-one thousand dollars ($114,171,000). (H) For the 2021–22 fiscal year, one hundred nine million nine hundred sixty-one thousand dollars ($109,961,000). (2) An annual appropriation to the commission is hereby established in the amounts and for the fiscal years described in paragraph (1) to carry out the purposes of this section and Section 70022. (3) Commencing with the 2022–23 fiscal year, the annual appropriation to the commission to carry out the purposes of this section and Section 70022 shall be determined in the annual Budget Act. (4) It is the intent of the Legislature that any savings realized from changes made to the allocations under this subdivision by a bill providing for appropriations related to the Budget Bill for the 2015–16 fiscal year shall be used to support higher education. (5) The funds transferred and appropriated pursuant to paragraph (1) shall only be available for encumbrance in the fiscal year in which they are transferred, and the General Fund shall have no liability or any obligation beyond the transfers explicitly authorized in paragraph (1) unless a subsequent transfer or allocation is required pursuant to statute. (6) In any fiscal year, additional appropriations may be enacted pursuant to statute to carry out the purposes of this article. (7) (A) Beginning with the Governor’s Budget proposal for the 2014–15 fiscal year, and in the Governor’s Budget proposal for each fiscal year thereafter, the Department of Finance shall include a fund condition statement for the Middle Class Scholarship Fund for the fiscal year of the proposed budget and the two immediately preceding fiscal years prepared in accordance with existing law. (B) Upon order of the Director of Finance and for the 2013–14 to 2021–22 fiscal years, inclusive, if the May Revision projects a budget deficit for the next fiscal year, the amount specified in paragraph (1) for the fiscal year for which the budget deficit is projected may be reduced by up to 33 percent. (f) Subject to an appropriation in the annual Budget Act for its purposes, the commission may begin implementation of, and establish outreach services relating to, this article. (g) The commission may adopt regulations it deems necessary for the implementation of this article. If the commission adopts regulations pursuant to this subdivision, the regulations may be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. (Amended by Stats. 2025, Ch. 745, Sec. 4. (SB 148) Effective October 13, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70030. Source version: id_129237d6-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. This article shall be known, and may be cited, as the California DREAM Loan Program. (Added by Stats. 2014, Ch. 754, Sec. 3. (SB 1210) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70031. Source version: id_129237d8-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. The California DREAM Loan Program, which may also be referred to as the DREAM Program, is hereby established. (Added by Stats. 2014, Ch. 754, Sec. 3. (SB 1210) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70032. Source version: id_e8734d8d-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. As used in this article, the following terms have the following meanings: (a) An “academic year” is July 1 to June 30, inclusive. The start date of a session shall determine the academic year in which it is included. (b) “Award year” means one academic year, or the equivalent, of attendance at a qualifying institution. (c) “Commission” means the Student Aid Commission. (d) “Cost of attendance” means the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of federal Title IV student aid programs. (e) “Enrollment status” means part-time status or full-time status of a student at a qualifying institution. (f) “Expected family contribution” means a student’s expected family contribution calculated, pursuant to subdivision (a) of Section 69506, according to the federal methodology (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)). (g) “Financial need” means a student’s financial need calculated pursuant to the federal financial need methodology (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)). (h) “Graduate program” means a program of study leading to a graduate or professional degree, including, but not limited to, a teaching credential, the prerequisite for which is a baccalaureate degree or undergraduate degree. (i) “Grant-eligible student” means a student who has applied for financial aid using the application established by the commission pursuant to subdivision (b) of Section 69508.5, known as the Dream Act Application and has been previously awarded a Cal Grant, Middle Class Scholarship, or institutional need-based financial aid. (j) “Instructional program” means a program of study that results in the award of a baccalaureate degree or undergraduate certificate, or undergraduate coursework in a program of study leading directly to a first professional degree for which no baccalaureate degree or undergraduate degree is awarded. (k) “Participating institution” means any campus of the California State University or the University of California that elects to participate in the DREAM Program pursuant to the requirements specified for a qualifying institution as set forth in this article. (l) “Satisfactory academic progress” means those criteria required by applicable federal standards published in Title 34 of the Code of Federal Regulations. A participating institution may adopt regulations defining “satisfactory academic progress” in a manner that duplicates those federal standards, provided that, to the extent consistent with applicable federal standards, the regulations adopted by the participating institution provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that institution. The institution may consider this extenuating circumstance, in its discretion, to the extent consistent with federal standards, to alter or excuse compliance with those progress requirements. (Amended by Stats. 2023, Ch. 622, Sec. 1. (SB 633) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70033. Source version: id_7fb46655-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. (a) Commencing with the 2015–16 academic year, a student attending a participating institution may receive a loan under the DREAM Program if the student satisfies all of the following requirements: (1) The student is exempt from paying nonresident tuition under Section 68130.5, or meets equivalent requirements adopted by the Regents of the University of California. (2) The student applies for financial aid using the application established by the commission pursuant to subdivision (b) of Section 69508.5, known as the Dream Act Application. (3) The student is enrolled at least half time in good standing in one of the following programs at a participating institution: (A) An instructional program. (B) Commencing with the 2020–21 academic year, a graduate program. (4) The student is determined by the participating institution to have financial need. (5) The student maintains satisfactory academic progress at the participating institution. (6) The student is not incarcerated. (7) The student is not in default on any federal student loan, state student loan, or student loan issued by the California State University or the University of California. (8) The student is enrolled in one of the following programs: (A) A program eligible for participation in the Cal Grant Program. (B) Commencing with the 2020–21 academic year, a state-supported graduate or professional degree program. (b) (1) The commission or the participating institution shall require the student to affirm in writing that the student satisfies the requirements of paragraph (7) of subdivision (a). (2) A student seeking an award shall authorize the commission to access any information pertinent to certify that the student meets the requirements of subdivision (a). (c) The commission, in collaboration with the participating institution, shall certify that the student satisfies all of the requirements specified in subdivision (a) before the participating institution may issue an award to the student pursuant to this article. (d) The Legislature finds and declares that this article is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code. (Amended by Stats. 2019, Ch. 526, Sec. 2. (SB 354) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70034. Source version: id_cf458c84-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. (a) The amount of a DREAM loan offered to an individual student by a participating institution shall be determined by the institution, subject to the following provisions: (1) The loan may not exceed the financial need of the student. (2) (A) A student who is enrolled in an undergraduate program may not borrow more than four thousand dollars ($4,000) under this program within a single academic year. (B) A student who is enrolled in a graduate program may not borrow more than twenty thousand five hundred dollars ($20,500) under this program within a single academic year. (3) (A) A student who is enrolled in an undergraduate program may not borrow, as an undergraduate student, more than twenty thousand dollars ($20,000) in the aggregate under the program. (B) A student who is enrolled in a graduate program may not borrow, as a graduate student, more than one hundred eighteen thousand five hundred dollars ($118,500) in the aggregate under the program. (C) A student may not borrow more than one hundred thirty-eight thousand five hundred dollars ($138,500) in the aggregate under the program, consistent with the limitations specified in subparagraphs (A) and (B). (4) The proportion of program funding used for instructional programs and for graduate programs shall be determined at the discretion of the participating institution. Priority shall be given to loans for instructional programs. (b) The interest rate for loans issued under the program shall be the same as the then-current interest rate for undergraduate loans under the William D. Ford Federal Direct Loan Program (20 U.S.C. Sec. 1087a et seq.). (c) Except as provided in subdivision (d), the standard repayment term for a DREAM loan shall be 10 years. Repayment shall commence following a six-month grace period that begins when a student graduates or ceases to maintain at least half-time enrollment in a degree or certificate program. (d) On or before January 1, 2020, a participating institution shall adopt procedures allowing a borrower to select an income-based repayment plan for the repayment of a DREAM loan, in accordance with the standards set forth in the William D. Ford Federal Direct Loan Program for income-based repayment plans. (e) Interest shall not accrue on a DREAM loan during periods of at least half-time enrollment in a degree or certificate program or during the six-month grace period specified in subdivision (c). (f) Eligibility for deferment, discharge, or forbearance of a DREAM loan shall be determined by the participating institution in accordance with the standards set forth in the William D. Ford Federal Direct Loan Program. (g) On or before January 1, 2024, a participating institution shall establish loan forgiveness options for borrowers who receive a DREAM loan with similar standards as those set forth in the Federal Perkins Loan Program. (h) (1) A borrower shall qualify for administrative relief consistent with the standards set forth in the Federal Direct Loan Program during periods of national emergency declared by the President of the United States. (2) A borrower shall qualify for any state of emergency administrative forbearance on student loans that is provided by the Governor by executive order or the participating institution. (3) A borrower shall be granted administrative relief for 90 days if the borrower lives or works where a natural disaster has occurred upon notification by the borrower, a member of the borrower’s family, or another reliable source that the borrower has been affected by the natural disaster. (i) Participating institutions shall use a common promissory note, approved by the Treasurer, to issue DREAM loans. (Amended by Stats. 2025, Ch. 702, Sec. 1. (AB 681) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70035. Source version: id_8c711cea-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. (a) It is the intent of the Legislature that, each fiscal year, funds shall be appropriated in the annual Budget Act to participating institutions for purposes of the DREAM Program. (b) The annual Budget Act shall allocate funding to participating institutions based on the number of eligible students attending the institution who applied for student financial aid pursuant to Section 69508.5 the prior academic year. (c) (1) Each participating institution shall deposit funds appropriated pursuant to subdivision (a) in a DREAM revolving fund established by each institution, subject to subdivision (e). DREAM loans shall be awarded from, and DREAM loan repayments shall be deposited into, these revolving funds. (2) In accordance with subdivision (d), participating institutions shall make DREAM loan repayment revenue available to offset state and institutional contributions to the DREAM loan program so that, as much as practicable, the respective annual costs to the state and to participating institutions shall be reduced equally. (d) At the start of each academic year, before DREAM loans for that academic year are awarded, each participating institution shall contribute discretionary funds into its DREAM revolving fund so that the sum of the institution’s contribution of funds and the institution’s share of DREAM loan repayments equals or exceeds 50 percent of all funds in the institution’s DREAM revolving fund for each year of an institution’s participation. (e) A participating institution shall not receive any additional state funds if the receipt of these funds would reduce the percentage of the DREAM revolving fund derived from the sum of the institution’s contribution of funds and DREAM loan repayments to less than the specified percentage of all funds in the institution’s DREAM revolving fund as described in subdivision (d). (f) (1) In the event that an institution terminates its participation in the DREAM Program, the institution shall continue to service DREAM loans, collect DREAM loan repayments, and perform all due diligence required by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) until the last students at that institution issued loans under the DREAM Program before the institution terminated its participation have repaid their loans. (2) An institution described in paragraph (1) that terminates its participation in the DREAM Program shall annually repay all funds provided by the state as the institution collects DREAM loan repayments. (g) (1) The California State University and the University of California shall annually report to the Legislature as part of their respective annual financial aid reports the dollar amount of each DREAM loan awarded and number of students for whom a DREAM loan was awarded that academic year. (2) Each institution, including an institution described in subdivision (f), shall annually report all of the following: (A) The total amount of funding in the institution’s DREAM revolving fund. (B) The annual amount contributed by the state to the institution’s DREAM revolving fund. (C) The annual amount contributed by the institution to the institution’s DREAM revolving fund. (D) The annual administrative costs of the DREAM Program at the institution. (E) The annual amount contributed by DREAM loan repayments to the institution’s DREAM revolving fund. (F) The annual amount of DREAM loans issued by campus. (G) The annual amount of remaining DREAM loan debt owed by borrowers. (H) The number of borrowers in DREAM loan income-driven repayment, deferment, discharge, forbearance, and loan forgiveness at the end of each fiscal year. (I) Borrower demographic information, which shall include, but is not limited to, age, gender, race, ethnicity, completed education level, and family education level. (Amended by Stats. 2022, Ch. 484, Sec. 3. (AB 2004) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70035.5. Source version: id_ae5fbfc1-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. (a) It is the intent of the Legislature to establish the DREAM grant program. (b) Commencing with the 2024–25 academic year, a grant-eligible student attending a participating institution may receive a DREAM grant pursuant to this section. (c) Each participating institution may award DREAM grants to grant-eligible students if that institution has unawarded funds in the institution’s DREAM revolving fund that were new state, institutional matching, or loan repayment funds deposited during the previous academic year pursuant to Section 70035. (d) DREAM grants shall be provided during the academic year immediately following the academic year in which there was an unawarded DREAM revolving fund balance. (e) In a given academic year, a DREAM grant shall not exceed a student’s financial need. (f) The amount of a DREAM grant offered to an individual student by a participating institution shall be determined by the institution. Priority shall be given to DREAM grants for instructional programs. (g) A DREAM grant awarded pursuant to this section shall not count towards the annual and aggregate borrowing limits described in subdivision (a) of Section 70034. (Added by Stats. 2023, Ch. 622, Sec. 2. (SB 633) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70036. Source version: id_eea944cf-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. Each participating institution is responsible for all the following: (a) The participating institution shall determine a student’s eligibility for a DREAM loan. (b) The participating institution shall award DREAM loan funds to students. (c) The participating institution shall provide entrance and exit loan counseling to borrowers that is generally comparable to that required by federal student loan programs. Exit loan counseling shall include, but is not limited to, information about DREAM loan repayment, including repayment options, forbearance, deferment, discharge, and forgiveness. (d) The participating institution shall service DREAM loans, collect DREAM loan repayments, and perform all of the due diligence required by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.). (e) The participating institution shall establish mechanisms for recording the annual amount of the DREAM loan borrowed by each recipient, and the aggregate amount of DREAM loans borrowed by each recipient, in order to comply with the annual and aggregate borrowing limits set forth in Section 70034. (f) The participating institution shall post information about the DREAM loan on the institution’s internet website. That information shall include, but is not limited to, DREAM loan eligibility requirements, DREAM loan interest rates for the past five years, how to apply for and accept a DREAM loan, and information about DREAM loan repayment, including repayment options, forbearance, deferment, discharge, and forgiveness. The participating institution shall update its internet website to include information about administrative relief granted to borrowers. (g) The participating institution shall award DREAM grants to grant-eligible students. (Amended by Stats. 2023, Ch. 622, Sec. 3. (SB 633) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70037. Source version: id_6c9cb496-ca37-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. (a) The Trustees of the California State University and the Regents of the University of California shall adopt regulations providing for the withholding of institutional services from a student or former student who has been notified in writing at the student’s or former student’s last known address that he or she is in default on a loan or loans under the DREAM Program. (b) The regulations adopted pursuant to subdivision (a) shall provide that the services withheld may be provided during a period when the facts are in dispute or when the student or former student demonstrates to either the Trustees of the California State University or the Regents of the University of California, as applicable, that reasonable progress has been made to repay the loan or that there exists a reasonable justification for the delay as determined by the institution. The regulations shall specify the services to be withheld from the student, which may include, but are not limited to, the following: (1) The provision of grades. (2) The provision of transcripts. (3) The provision of diplomas. (c) “Default,” for purposes of this section, means the failure of a borrower to make an installment payment when due, or to meet other terms of the promissory note if the institution holding the loan finds it reasonable to conclude that the borrower no longer intends to honor the obligation to repay, provided that this failure persists for 180 days for a loan repayable in monthly installments, or 240 days for a loan repayable in less frequent installments. (d) This section does not impose any requirement upon the University of California unless the Regents of the University of California, by resolution, makes this section applicable. (Amended by Stats. 2016, Ch. 86, Sec. 71. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70038. Source version: id_1292d426-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. (a) Each participating institution is entitled to an administrative cost allowance for an award year if the institution elects to advance funds under the DREAM Program to students for that award year. (b) The amount of the administrative cost allowance described in subdivision (a) shall equal 5 percent of the institution’s total amount of DREAM loan funds awarded to students for the award year that the participating institution advances funds to students under the DREAM Program. (c) Each participating institution may charge its administrative cost allowance to its DREAM revolving fund. (d) Each participating institution shall use its administrative cost allowance to offset the cost of administering the DREAM Program. (e) Each participating institution is responsible for administrative costs that exceed its administrative cost allowance. (Added by Stats. 2014, Ch. 754, Sec. 3. (SB 1210) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 23. California DREAM Loan Program [70030 - 70039] SECTION 70039. Source version: id_1292d428-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=23. If a state court finds that Section 70033, or any similar provision adopted by the Regents of the University of California, is unlawful, the court may order, as equitable relief, that the participating institution subject to the lawsuit terminate all loans awarded pursuant to that statute or provision deemed unlawful by a state court, but no money damages, loans, or other retroactive relief, may be awarded. In an action in which a state court finds that Section 70033 or any similar provision adopted by the Regents of the University of California, is unlawful, the California State University and the University of California shall be immune from the imposition of any award of money damages, loans, or other retroactive relief. (Added by Stats. 2014, Ch. 754, Sec. 3. (SB 1210) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] SECTION 70045. Source version: id_da966948-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=24. This act shall be known, and may be cited, as the California Ban on Scholarship Displacement Act of 2021. (Added by Stats. 2022, Ch. 925, Sec. 1. (AB 288) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] SECTION 70046. Source version: id_da96694a-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=24. The Legislature finds and declares both of the following: (a) As of 2020, California students who have financial need and receive private scholarships are unable to make full use of the awards provided to them by private scholarship providers because institutions of higher education reduce their gift aid, grants, scholarships, tuition waivers, and fellowship stipends that those students would otherwise be qualified to receive. The reduction of an institution’s financial aid due to private scholarships is referred to as “scholarship displacement.” (b) This act is intended to ensure that private scholarships supplement, and do not supplant, gift aid, grants, scholarships, tuition waivers, and fellowship stipends provided by institutions of higher education to California students who have financial need. (Added by Stats. 2022, Ch. 925, Sec. 1. (AB 288) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] SECTION 70047. Source version: id_edaaea6a-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=24. As used in this article, unless the context requires otherwise, the following definitions apply: (a) An “academic year” is July 1 to June 30, inclusive. The start date of a session shall determine the academic year in which it is included. (b) “Cost of attendance” means the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of student aid programs under Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (c) “Expected family contribution” means a student’s expected family contribution calculated according to the federal methodology pursuant to subdivision (a) of Section 69506 as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). (d) (1) “Financial need” means, as used in subdivision (a) of Section 70048, the cost of attendance minus the expected family contribution. (2) “Financial need” means, as used in subdivision (b) of Section 70048, the cost of attendance minus the student aid index. (e) “Gift aid” means all financial aid designated for the student’s educational expenses, including a grant, scholarship, tuition waiver, fellowship stipend, or other third-party payment, that is not a loan or pursuant to a work-study program. (f) “Institutional gift aid” means gift aid that is paid for by the institution of higher education from its funds and the recipient of the aid is selected by the institution. (g) “Institution of higher education” or “institution” means any public or private postsecondary educational institution in the state that receives, or benefits from, state-funded financial assistance or enrolls students who receive state-funded student financial assistance. (h) “Private scholarship” means financial assistance awarded to students based on one or more factors, including, but not limited to, academic merit, talent, or a particular area of study, by a private company, foundation, or nonprofit organization, or a public charity or service group. A federal, state, or institutional scholarship, including, but not limited to, financial aid provided by the Middle Class Scholarship Program established by Article 22 (commencing with Section 70020), shall not be considered a private scholarship. (i) “Scholarship displacement” means the reduction of institutional gift aid due to private scholarship awards. (j) “Student” means any California resident that enrolls in any institution of higher education to obtain an undergraduate degree. (k) “Student Aid Index” means, with respect to a student, an index that reflects an evaluation of a student’s approximate financial resources to contribute toward the student’s postsecondary education expenses for the academic year. (Amended by Stats. 2024, Ch. 851, Sec. 1. (AB 3240) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 24. California Ban on Scholarship Displacement Act of 2021 [70045 - 70048] SECTION 70048. Source version: id_68409600-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=24. (a) An institution of higher education shall not reduce the institutional gift aid offer of a student who is eligible to receive a federal Pell Grant award, a Cal Grant award, or financial assistance under the California Dream Act for an academic year as a result of private scholarship awards designated for the student unless the student’s gift aid exceeds the student’s annual cost of attendance. (b) The institution may reduce the institutional gift aid offer of a student who is eligible to receive a federal Pell Grant award, a Cal Grant award, or financial assistance under the California Dream Act by no more than the amount of the student’s gift aid that is in excess of the student’s annual cost of attendance. (c) The institution shall not consider receipt or anticipated receipt of private scholarships when considering a student who is eligible to receive a federal Pell Grant award, a Cal Grant award, or financial assistance under the California Dream Act for qualification for institutional gift aid. (d) To ensure financial aid is maximized, an institution is encouraged to implement efforts to avoid scholarship displacement through consultation with scholarship providers and students to avoid situations where institutional gift aid and private scholarships can only be used for specific purposes. (e) This article shall not be interpreted or implemented in a manner inconsistent with state or federal law. The provisions of this article are severable. If any provision of this article or its application is held invalid due to a conflict with federal requirements, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (f) This section shall become operative on July 1, 2025. (Repealed (in Sec. 2) and added by Stats. 2024, Ch. 851, Sec. 3. (AB 3240) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 3.5. Cash for College Program [69550 - 69551] SECTION 69550. Source version: id_88dd3844-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=3.5. (a) It is the intent of the Legislature that California students with financial need be made aware of the opportunities afforded to them through the various state and federal financial aid programs, including the Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430). (b) Since the creation of the Cal Grant A and Cal Grant B entitlement programs under Article 2 (commencing with Section 69434) of, and Article 3 (commencing with Section 69435) of, Chapter 1.7, efforts to provide information to students have been developed and implemented by various organizations and institutions. However, there is a need to consolidate, incorporate, expand, and improve these programs as a statewide effort in order to ensure access to workshops, information, and assistance. (Added by Stats. 2007, Ch. 741, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 3.5. Cash for College Program [69550 - 69551] SECTION 69551. Source version: id_3ba66503-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=3.5. (a) The Legislature finds and declares all of the following: (1) The Cash for College Program has successfully established local regional partnerships that annually provide hands-on help in filling out financial aid forms necessary to receive financial assistance for college. This program was initiated by private foundations and the commission in 2002 with the goal of increasing the number of students who successfully complete the financial aid process and enroll in college. In 2007, the Cash for College Program succeeded in serving over 20,000 students and their families in 44 of the 58 counties in California, thereby helping the state to access tens of millions of dollars in federal Pell Grant financial aid for low-income students and increasing the number of students participating in the Cal Grant Program. (2) The intersegmental cooperative nature of the Cash for College Program has proved to be a highly effective mechanism to coordinate existing services and foster the cooperation of the various educational segments, community, and business partners involved. (3) The Cash for College Program has been successful because of the financial and volunteer contributions of local partners in private business and industry, the financial aid, admissions, and outreach communities, and student groups. Additional funding has been provided through these local and regional partnerships, and through one million five hundred thousand dollars ($1,500,000) in private foundation grant funds that have supported the initial development of the program, and funded local scholarships offered to workshop participants who complete the financial aid process by the state filing deadline. (4) The Cash for College Program has assisted high school and community college students whose families were unfamiliar with the financial aid process. The program focuses on assisting students and their families who are first- or second-generation college-bound students who have little or no access to college advising because of limited resources at the schoolsite or the perception that college is not an option. (5) The Cash for College Program seeks to provide all California students who desire to attend college the opportunity to enroll by providing tangible assistance in accessing the available state and federal resources to make higher education possible. (6) A college or postsecondary education is a requirement for a working wage job. The wage disparity between a high school graduate and a college graduate is one million dollars ($1,000,000) over an individual’s lifespan. (7) California reflects the ethnic and cultural diversity of today’s world. Evidence of this change is most pronounced within our public elementary and secondary education system. As California continues into the 21st century, there is no single group that represents a majority of elementary and secondary enrollment. These changing demographics present great challenges and great opportunities. (8) California must invest in higher education and in the future of its young people so they can acquire skills and knowledge necessary to continue the state’s economic recovery. (9) The Cash for College Program provides access to the college financial aid process for students of varied backgrounds and socioeconomic status. (b) (1) Beginning January 1, 2008, the Cash for College Program is established and is administered by the commission, in partnership with private business and industry and local community and educational organizations. The commission may allocate funds for support of local Cash for College financial aid workshop efforts that are designed to accomplish the following goals: (A) Targeted outreach to, and assistance for, low-income and first-generation college-bound students with state and federal financial aid applications. (B) Targeted outreach to, and assistance for, students who are enrolled in schools or geographic regions with low college eligibility or participation rates, with state and federal financial aid applications. (2) The projects and organizations funded under this article shall implement all of the following activities: (A) Organize and conduct free local and regional workshops that help students and families to fill out the Free Application for Federal Student Aid (FAFSA) and the Cal Grant grade point average verification form required for Cal Grants. (B) Convene advisory board meetings to develop regional partnerships with local partners in private business and industry, admissions and outreach communities, and student groups, to foster financial and volunteer contributions. (c) The commission shall, by December 1 of each year, provide a report to the fiscal and policy committees of the Legislature on the Cash for College Program detailing program data, expenditures, and the findings of an independent evaluation on the extent to which program goals have been met. Program data shall include the number of completed FAFSA applications, the number of submitted grade point average verifications, and the number of Cal Grant recipients using their Cal Grant awards at California postsecondary institutions. (d) The commission shall contract with an external evaluator to conduct the independent evaluation. (e) (1) The commission may accept voluntary contributions or donations in cash to pay for the costs of implementing the program pursuant to this article. Voluntary contributions shall be deposited into the Cash for College Fund, which is hereby created in the State Treasury. Only moneys contributed or donated for the purposes of this article may be deposited into the fund. The fund shall be credited with all investment income earned by moneys in the fund. The moneys received in contributions or donations for the purposes of this article are not part of the General Fund as defined in Section 16300 of the Government Code. Voluntary contributions or donations are special funds held in trust for purposes of meeting the purposes of this article. Notwithstanding Section 13340 of the Government Code, moneys in the fund from voluntary contributions or donations are hereby continuously appropriated to the commission without regard to fiscal year for the purposes enumerated in this article. (2) Additional funds may be appropriated in the annual Budget Act for the purposes of this article. (f) (1) As used in this subdivision, “regional coordinating organization” means a coalition of entities led by a designated organization, which may include nonprofit organizations, local education or other government agencies, or public or private higher education institutions. (2) The commission shall allocate funds to regional coordinating organizations to plan, coordinate, or conduct Cash for College workshop series within specified regions within the state. (3) The commission shall require a regional coordinating organization to contribute equal or greater resources to match the Cash for College funds allocated to it by the commission. Funds allocated to a regional coordinating organization under this subdivision shall be based on demonstrated ability to contribute equal or greater matching resources or funds. The commission may require advance payment, if it determines that it is necessary to ensure that funds provided pursuant to this article are available each year before the start of the program. (4) The commission may partner with regional coordinating organizations or other entities to facilitate additional nonstate funding or donations of property, or both, for the Cash for College Program. (5) Notwithstanding Section 11005 of the Government Code, the commission may accept gifts of personal property without approval of the Director of Finance. (6) In addition to the projects and organizations funded pursuant to this article, an organization that is not part of a regional coordinating organization, including high schools and community-based organizations, but has a written partnership agreement with the commission or a regional coordinating organization, may offer free local and regional workshops through the Cash for College Program. (g) The commission may use the moneys appropriated for the program, including reasonable administrative costs, marketing, and external evaluation. Administrative costs shall include appropriate staffing to support the program, including, but not limited to, a Cash for College coordinator. The commission shall annually establish the total amount of funding to assist regional coordinating organizations. Allocation of funds shall be established based upon the best use of funding for that year, as determined by the commission in consultation with a Cash for College statewide advisory board that may include, but is not limited to, partners in private business and industry, admissions, outreach communities, and student groups. (Amended by Stats. 2023, Ch. 188, Sec. 5. (SB 886) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 4. California Student Opportunity and Access Program [69560 - 69566] SECTION 69560. Source version: id_09e412b3-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=4. The Legislature finds and declares all of the following: (a) Lack of information about postsecondary educational opportunities and financial aid are primary barriers to postsecondary education for pupils from schools that have low college eligibility and participation rates. (b) Since its inception in 1978, the California Student Opportunity and Access Program (Cal-SOAP) has focused on increasing the availability of information and improving college access to postsecondary education for historically underserved student populations by creating a college-going culture, focusing on financial aid application completion, and coordinating student outreach efforts. (c) The intersegmental consortium nature of the program has proven to be a highly effective mechanism in coordinating existing services and in fostering the cooperation of the various education segments and partner organizations involved. (d) An essential core of state funding for the program is required to maintain its intersegmental character, which has generated better communication, understanding, and teamwork resulting in a high-impact collective effort, while minimizing duplication of services in a geographic area. (e) Research demonstrates that many students do not have the financial means to cover the increasing costs of postsecondary education or access to adequate financial aid. Cal-SOAP projects assist pupils in becoming knowledgeable about education costs and financing options, including student financial aid, as they prepare to attain a postsecondary education. (f) Cal-SOAP projects employ college students from historically underserved communities to serve as college success coaches. This is a cost-effective method to provide information and assistance regarding postsecondary education costs and financial aid opportunities to pupils from schools that have low postsecondary education eligibility and participation rates. (g) Awareness of financial aid options has historically been a barrier for first-generation students and students from minority backgrounds trying to access a postsecondary education. Research shows that students are widely unaware of their financial aid options and have misconceptions of financial aid eligibility, leading many to not complete the financial aid process. (h) The COVID-19 health pandemic has only exacerbated the challenges associated with declining rates of postsecondary education enrollment and financial aid application submissions for low-income and first-generation students. Students are in dire need of information and support to help them navigate the college-going process during these uncertain times. (i) There is a critical need to modernize Cal-SOAP to focus on providing financial aid information and assistance with completing the Free Application for Federal Student Aid (FAFSA) and the California Dream Act Application (CADAA) to promote college opportunities for low-income and underserved students. Additionally, project staff assist students and families with overall financial aid literacy to help them make the best possible decisions in financing their postsecondary education. (Amended by Stats. 2021, Ch. 575, Sec. 2. (SB 737) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 4. California Student Opportunity and Access Program [69560 - 69566] SECTION 69560.5. Source version: id_c3ef981b-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=4. As used in the article, the following definitions apply: (a) “CADAA” means the California Dream Act Application. (b) “Cal-SOAP” means the California Student Opportunity and Access Program. (c) “FAFSA” means the Free Application for Federal Student Aid. (d) “Local educational agency” means a school district, county office of education, or charter school. (e) “Public postsecondary educational institution” means a campus of the University of California, the California State University, or the California Community Colleges. (Added by Stats. 2021, Ch. 575, Sec. 3. (SB 737) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 4. California Student Opportunity and Access Program [69560 - 69566] SECTION 69561. Source version: id_0faf8863-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=4. (a) The California Student Opportunity and Access Program is administered by the commission. (b) (1) The commission may apportion funds on a progress payment schedule for the support of projects designed to increase the accessibility of postsecondary educational opportunities and financial aid for pupils from underserved communities who meet one or more of the following criteria: (A) Pupils who are from low-income families. (B) Pupils who would be the first in their families to attend a postsecondary educational institution. (C) Pupils who are from schools or geographic regions with documented low postsecondary education eligibility or participation rates. (D) Pupils who are homeless youth and former homeless youth, as defined in subdivision (b) of Section 66025.9, or who are at risk of becoming homeless. (E) Pupils who are from mixed immigration status households or who themselves are immigrants. (F) Pupils who are current or former foster youth. As used in this paragraph, “current or former foster youth” means a person whose dependency was established or continued by the court on or after the date on which the person reached 13 years of age. (G) Pupils who identify as being LGBTQ+. (H) Pupils who have a disability. (I) Pupils who are part of a historically underserved minority group. (2) The commission shall allocate up to 2 percent of funding appropriated for this program for program administration, data collection, and evaluation. Any funds allocated for these purposes are not subject to the match funding requirements of this article. (c) These projects shall primarily do all of the following: (1) Increase the availability of information for these pupils on the existence of postsecondary education, the total cost of attending a postsecondary educational institution, and financing options, including grants, scholarships, student loans, and work opportunities. (2) Increase the number of pupils submitting completed financial aid applications, including the FAFSA or the CADAA, and assist pupils as needed with the financial aid verification process. (3) Hire undergraduate or graduate students to serve as college success coaches to actively mentor pupils, encourage a college-going culture, help pupils plan for their postsecondary education, and help pupils complete a FAFSA or a CADAA for financial aid consideration. Projects should aim to hire college success coaches with similar backgrounds as pupils described in paragraph (1) of subdivision (b). (d) Projects may assist community college students in transferring to four-year postsecondary educational institutions, and students in their first year at four-year postsecondary educational institutions, to the extent that project resources are available. (e) Projects may provide assistance to middle school pupils described in paragraph (1) of subdivision (b) and their parents or guardians by implementing outreach efforts designed to inform them of the future availability of and access to postsecondary education financial assistance as a means of motivating pupils to stay in school and complete college preparatory courses. (f) Projects shall provide assistance to high school pupils described in paragraph (1) of subdivision (b) and their parents or guardians by providing information on college preparation and on understanding the total cost of attending a postsecondary educational institution, and by assisting with completion of financial aid applications. Projects are encouraged to leverage commission outreach efforts, such as Cash for College workshops, to assist their students with completing the FAFSA or the CADAA. (g) Projects shall promote the value of career technical education, available career programs in public schools and postsecondary segments with sequenced courses beginning in high school and continuing into postsecondary education, and the resulting career opportunities. (h) Each project shall establish or strengthen regional collaborative relationships and partnerships. Each project shall be proposed and operated through a consortium that involves at least one secondary school district office, at least one four-year college or university, at least one community college, and at least one of the following agencies: (1) A nonprofit educational, counseling, or community agency. (2) A private vocational or technical school accredited by a national, state, or regional accrediting association recognized by the United States Department of Education. (i) (1) The commission, in awarding initial project grants, shall give priority to the following proposals: (A) Proposals developed by more than three eligible agencies. (B) Proposals in counties in which a four-year public postsecondary educational institution is not headquartered. (2) Projects shall be located throughout the state in order to provide access to program services in rural, urban, and suburban areas. (j) The governing board of each project, composed of at least one representative from each entity in the consortium, shall establish management policy, approve and provide direction to the project director, set priorities for budgetary decisions that reflect the specific needs of the project, and assume responsibility for maintaining the required level of matching funds, including solicitations from the private sector and corporate sources. (k) Before receiving a project grant, each consortium shall conduct a planning process and submit a comprehensive project proposal to include, but not be limited to, the following information: (1) The agencies participating in the project. (2) The pupils to be served by the project. (3) The ways in which the project will reduce duplication and related costs. (4) The methods for assessing the project’s impact. (l) Each project shall include the direct involvement of secondary school staff in the daily operations of the project, with preference in funding to those projects that effectively integrate the objectives of Cal-SOAP with those of the school district in providing services that are essential to preparing pupils for postsecondary education. (m) (1) Each project shall maintain a comprehensive pupil data system on pupils receiving services through the program in middle and high school within the participating districts. This information shall be maintained in a manner consistent with the law relating to pupil records. For purposes of assessing financial aid completion and evaluating program effectiveness, the commission shall require each project to submit on a periodic basis to the commission or a commission grantee designee certain outreach metrics for the purpose of evaluating the effectiveness of the program and the project. The following outreach metrics shall be reported: (A) Individual student level data, including specification of each target population described in paragraph (1) of subdivision (b) that includes the student, for the following: (i) High school graduates not described in clause (ii) or (iii) who were eligible for admission to a public postsecondary educational institution. (ii) Students not described in clause (iii) who applied for admission at a public postsecondary educational institution. (iii) Students who enrolled at a public postsecondary educational institution. (B) Disaggregated data based on target populations described in paragraph (1) of subdivision (b) for the following: (i) Students that received Cal-SOAP services. (ii) Pupils that completed the FAFSA. (iii) Pupils that completed the CADAA. (2) For the purposes and facilitation of the evaluation of the programs and the projects funded pursuant to this article, project grantees, local educational agencies, the department, the University of California, the California State University, the California Community Colleges, and the commission may share student data, including personally identifiable information, with one another, including, but not necessarily limited to, information on pupils in grades 11 and 12 and students who have applied to a public postsecondary educational institution, for the purposes of outreach, completion of FAFSA and CADAA applications, and verification of application to and enrollment in a public postsecondary educational institution. (3) Information shared under this subdivision shall be handled in compliance with all applicable state and federal privacy laws, including the federal Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g). (n) At least 30 percent or the equivalent of each project grant shall be allocated for stipends to college success coaches and for any costs associated with providing training or necessary supplies and equipment to the college success coaches who meet all of the following criteria: (1) Work with middle and high school pupils. (2) Are currently enrolled in a college or other postsecondary educational institution as an undergraduate or graduate student. (3) Have demonstrated financial need, as defined by the commission, for the stipend. (o) Each project should work cooperatively with other projects in the program and with the commission to establish viable student services and sound administrative procedures, and to ensure coordination of the activities of the project with existing educational opportunity programs. (p) Surveys and other means developed by the projects may be used for purposes of students self-identifying the target populations described in paragraph (1) of subdivision (b) in which they are included. The surveys or other means established by the projects may be used instead of students providing documentation verifying the target populations described in paragraph (1) of subdivision (b) in which they are included. (q) The commission may adopt regulations necessary for the implementation and evaluation of this program and individual projects. (Amended by Stats. 2021, Ch. 575, Sec. 4. (SB 737) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 4. California Student Opportunity and Access Program [69560 - 69566] SECTION 69562. Source version: id_875a8343-fceb-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=4. The Student Aid Commission shall establish a 12-member project grant advisory committee to advise project directors and the commission on the development and operation of the projects, and consisting of the following: (a) Three representatives of outreach programs, representing the University of California, the California State University, and the California Community Colleges, appointed by their respective governing boards. (b) One representative of private colleges and universities, appointed by the Association of California Independent Colleges and Universities. (c) Two secondary school staff, appointed by the Superintendent of Public Instruction. (d) Two persons representing the general public, one appointed by the Speaker of the Assembly and the other by the Senate Rules Committee. (e) Two postsecondary students, both appointed annually by the commission. (f) Two college campus financial aid officers, appointed by the commission. (Amended by Stats. 2018, Ch. 505, Sec. 10. (AB 3255) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 4. California Student Opportunity and Access Program [69560 - 69566] SECTION 69564. Source version: id_14a7a877-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=4. Allocation of any funds appropriated for purposes of this article shall be limited to those consortia meeting requirements of this article who will provide equal matching resources from existing or budgeted increases in federal, state, local, and private funds. It shall be the goal of the program that the total resources provided by Cal-SOAP shall match state funding on at least a 1.5 to 1 ratio. Any new projects approved through expansion of the program shall provide equal matching resources for the first three years of operation and shall be encouraged to increase the matching resources to a 1.5 to 1 ratio with the state grant thereafter. (Amended by Stats. 2021, Ch. 575, Sec. 5. (SB 737) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 4. California Student Opportunity and Access Program [69560 - 69566] SECTION 69564.3. Source version: id_ee091966-e411-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=4. Contingent upon sufficient funding provided for this purpose in the annual Budget Act or other statute, the commission shall ensure that at least one consortium is established, in accordance with Section 69561, to serve the pupils of Orange County. The commission shall retain authority over a consortium established pursuant to this section. (Added by Stats. 2017, Ch. 500, Sec. 1. (AB 584) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 4. California Student Opportunity and Access Program [69560 - 69566] SECTION 69566. Source version: id_fdc7aea4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=4. It is the intent of the Legislature that funding for the purposes of this article be appropriated in the annual Budget Act. (Amended by Stats. 1998, Ch. 626, Sec. 6. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69612. Source version: id_cd481188-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. (a) The Legislature finds and declares all of the following: (1) The growing shortage of high-quality teachers is most serious in particular subject areas, partly due to the shortage of students in these fields who enter the teaching profession. (2) Many school districts have difficulty recruiting and retaining high-quality teachers for schools ranked in decile 1 or 2 on the Academic Performance Index, for pupils with special needs, for schools serving rural areas or large populations of pupils from low-income and linguistic minority families, and for schools with a high percentage of teachers holding emergency-type permits. (3) The rising costs of higher education, coupled with a shift in available financial aid from scholarships and grants to loans, make the availability of financial aid and loan repayment assistance options an important consideration in a student’s decision to pursue a postsecondary education. (b) It is, therefore, the intent of the Legislature that the Assumption Program of Loans for Education be designed to provide veteran teachers and outstanding postsecondary students, particularly economically disadvantaged students, with the assurance of financial assistance to encourage them to complete postsecondary education programs leading to teaching credentials, and to seek employment as teachers in designated subject-matter shortage areas or in schools serving a large population of pupils from low-income families, schools with a high percentage of teachers holding emergency-type permits, or schools ranked in the lowest two deciles on the Academic Performance Index. (Repealed and added by Stats. 2008, Ch. 516, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69612.5. Source version: id_cddfbdaa-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. For purposes of this article, the following terms have the following definitions: (a) “Eligible institution” means a postsecondary institution that is determined by the Student Aid Commission to meet both of the following requirements: (1) The institution is eligible to participate in state and federal financial aid programs. (2) The institution maintains a program of professional preparation that has been approved by the Commission on Teacher Credentialing. (b) “Eligible school” means a school that meets any of the following criteria: (1) It serves a large population of pupils from low-income families, as designated by the Superintendent of Public Instruction. (2) The institution has 20 percent or more teachers holding emergency-type permits including, but not limited to, any of the following: (A) Provisional internships. (B) Short-term staff permits. (C) Credential waivers. (D) Substitute permits. (3) It is a school that is ranked in the lowest two deciles on the Academic Performance Index. (4) It is a school that serves a rural area. (Added by Stats. 2008, Ch. 516, Sec. 3. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69613. Source version: id_2247467e-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. (a) Program participants shall meet all of the following eligibility criteria prior to selection in the program and shall continue to meet these criteria, as appropriate, during the payment periods: (1) The applicant has completed at least 60 semester units, or the equivalent, and is enrolled in an academic program leading to a baccalaureate degree at an eligible institution, has agreed to participate in a teacher internship program, or has been admitted to a program of professional preparation that has been approved by the Commission on Teacher Credentialing. (2) The applicant is currently enrolled in, or has been admitted to, a program in which he or she will be enrolled on at least a half-time basis, as determined by the participating institution. The applicant shall agree to maintain satisfactory academic progress and a minimum of half-time enrollment, as defined by the participating eligible institution. (A) Except as provided in subparagraphs (B) and (C), if a person participating in the program fails to maintain at least half-time enrollment, as required by this article, under the terms of the agreement pursuant to paragraph (2), the loan assumption agreement shall be invalidated and the participant shall retain full liability for all student loan obligations. This subparagraph shall not apply if the participant is in his or her final semester or quarter in school and has no additional coursework required to obtain his or her teaching credential. (B) Notwithstanding subparagraph (A), if a program participant is unable to maintain at least half-time enrollment due to serious illness, pregnancy, or other natural causes, or is called to active military duty status, the participant is not required to retain full liability for the student loan obligation for a period not to exceed one calendar year, unless approved by the commission for a longer period. (C) If a natural disaster prevents a program participant from maintaining at least half-time enrollment due to the interruption of instruction at the eligible institution, the term of the loan assumption agreement shall be extended for a period not to exceed one calendar year, unless approved by the commission for a longer period. (3) The applicant has been judged by his or her postsecondary institution, school district, or county office of education to have outstanding ability on the basis of criteria that may include, but need not be limited to, any of the following: (A) Grade point average. (B) Test scores. (C) Faculty evaluations. (D) Interviews. (E) Other recommendations. (4) The applicant has received, or is approved to receive, a loan under one or more of the following designated loan programs: (A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071 et seq.). (B) Any educational loan program approved by the Student Aid Commission. (5) The applicant has agreed to teach full time for at least four consecutive academic years, or on a part-time basis for the equivalent of four full-time academic years, after obtaining a teaching credential in a public elementary or secondary school in this state, in a subject area that is designated as a current or projected shortage area by the Superintendent of Public Instruction, or, on the date the teacher is hired, at an eligible school. (b) An agreement shall remain valid even if the subject area under which an applicant becomes eligible to enter into an agreement ceases to be a designated shortage field by the time the applicant becomes a teacher. (c) For the purposes of calculating eligible years of teaching for the redemption of an award, the inclusion by the Superintendent of Public Instruction of a school on a list prepared pursuant to Section 69613.1 shall apply retroactively from the date the school first opened. (d) A person participating in the program pursuant to this section shall not enter into more than one agreement. (e) A person participating in the program pursuant to this section shall not owe a refund on any state or federal educational grant or have defaulted on any student loan. (f) Notwithstanding any other provision of this section, a credentialed teacher teaching in a public school ranked in the lowest two deciles on the Academic Performance Index pursuant to Section 52052, possesses a clear multiple subject or single subject teaching credential or level II education specialist credential and who has not otherwise participated in the program established by this article, is eligible to enter into an agreement for loan assumption pursuant to this article. The number of loan assumption agreements provided pursuant to this subdivision shall not exceed 400 per year. The commission shall develop and adopt regulations for the implementation of this subdivision by January 1, 2010. (Amended by Stats. 2010, Ch. 328, Sec. 53. (SB 1330) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69613.1. Source version: id_cf1a126e-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. On or before January 1 of each year, the Superintendent of Public Instruction shall furnish the commission with all of the following: (a) A list of teaching fields that have the most critical shortage of teachers. The Superintendent shall review this list annually and revise the list as he or she deems necessary. The list of shortage areas furnished pursuant to this subdivision shall include the state special schools as a category separate from special education. (b) A list of schools that serve a large population of pupils from low-income families, as designated for purposes of the Perkins Loan Program, or according to standards the Superintendent deems appropriate. (c) A list of schools with a high percentage of teachers holding emergency-type permits. The list shall be established according to criteria determined by the Superintendent. (d) A list of schools serving rural areas. The list shall be established according to standards deemed appropriate by the Superintendent. (e) A list of schools ranked in the lowest two deciles on the Academic Performance Index. (f) A list of high priority schools. (Amended by Stats. 2008, Ch. 516, Sec. 6. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69613.2. Source version: id_cfb65270-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. The commission shall commence loan assumption payments, as specified in Section 69613.4, upon verification that the applicant has fulfilled all of the following: (a) The applicant has received a California preliminary or professional clear credential, or an equivalent credential from another state, authorizing service for kindergarten or any of grades 1 to 12, inclusive. (b) The applicant has provided full-time classroom instruction, or the equivalent on a part-time basis, in a public elementary or secondary school for the equivalent of one school year. (c) The applicant has met the requirements of the agreement and all other pertinent conditions of this article. (Amended by Stats. 2008, Ch. 516, Sec. 7. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69613.4. Source version: id_d04f1002-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. (a) The terms of a loan assumption granted under this article shall be as follows, subject to the specific terms of each agreement: (1) After a program participant has completed one school year of classroom instruction pursuant to Section 69613.2, the commission shall assume up to two thousand dollars ($2,000) of the participant’s outstanding liability under one or more of the designated educational loan programs. (2) After a program participant has completed two consecutive school years of instruction, the commission shall assume up to an additional three thousand dollars ($3,000) of the participant’s outstanding liability under one or more of the designated educational loan programs, for a total loan assumption of up to five thousand dollars ($5,000). (3) After a program participant has completed three consecutive school years of teaching service, the commission shall assume up to a maximum of an additional three thousand dollars ($3,000) of the participant’s outstanding liability under one or more of the designated educational loan programs, for a total loan assumption of up to eight thousand dollars ($8,000). (4) After a program participant has completed four consecutive school years of teaching service, the commission shall assume up to a maximum of an additional three thousand dollars ($3,000) of the participant’s outstanding liability under one or more of the designated educational loan programs, for a total loan assumption of up to eleven thousand dollars ($11,000). (b) For purposes of this section, “school year” means at least 175 school days or its equivalent. (c) An applicant who teaches on less than a full-time basis may participate in the program, but shall not be eligible for loan repayment until that person teaches for the equivalent of a full-time academic year. (Amended by Stats. 2008, Ch. 516, Sec. 8. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69613.6. Source version: id_c5e6854b-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. (a) Except as provided in subdivision (b), if a program participant fails to complete a minimum of four consecutive school years of classroom instruction on a full-time basis or the equivalent on a part-time basis as required by this article, under the terms of the agreement pursuant to paragraph (5) of subdivision (a) of Section 69613, the participant shall retain full liability for all student loan obligations remaining after the commission’s assumption of loan liability for the last year of qualifying teaching service pursuant to Section 69613. (b) Notwithstanding subdivision (a), if a program participant becomes unable to complete one of the four consecutive years of teaching service on a full-time basis or the equivalent on a part-time basis due to serious illness, pregnancy, or other natural causes, or is called to active military duty status, the participant shall receive a deferral of the resumption of full liability for the loan for a period not to exceed one calendar year, unless approved by the commission for a longer period. The commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified in Section 69613.2 have been specified. (c) (1) Notwithstanding subdivision (a), a program participant shall receive a deferral of the resumption of full liability for the loan for a period not to exceed one calendar year, unless approved by the commission for a longer period, if the participant becomes unable to complete one of the four consecutive years of teaching service due to being laid off, reassigned, or other reasons beyond the control of the participant, as determined by the commission. (2) The commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified in Section 69613.2 have been satisfied. (d) If a program participant fails to redeem an agreement for student loan assumption within 10 years of the agreement’s issuance, the participant shall retain full liability for all student loan obligations. (Amended by Stats. 2009, Ch. 187, Sec. 3. (SB 511) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69613.7. Source version: id_fdcabbf6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. (a) For the purposes of this article, “subject matter shortage area” may not be construed to include teaching in a self-contained classroom or teaching pursuant to a multiple subject credential. (b) The list, furnished by the Superintendent of Public Instruction pursuant to Section 69613.1 and relating to teaching fields that have the most critical shortage of teachers, shall not include teaching in a self-contained classroom or teaching pursuant to a multiple subject credential. (Added by Stats. 2000, Ch. 371, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69613.8. Source version: id_d1fac436-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. In addition to the amounts set forth in subdivision (a) of Section 69613.4, for each of the four years of classroom instruction referenced in subdivision (a) of Section 69613.4, the following loan assumption benefits shall be granted: (a) One thousand dollars ($1,000) of additional liability per year shall be assumed for a person who holds a credential appropriate for teaching, and who teaches, mathematics, science, or special education in the lowest 60 percentile of Academic Performance Index rankings. (b) One thousand dollars ($1,000) of additional liability per year shall be assumed for a person who teaches in a school in the lowest two deciles on the Academic Performance Index rankings. Eligibility for the benefit set forth in this subdivision shall be limited to a person who holds a credential appropriate for teaching, and who teaches, mathematics, science, or special education. (c) Not more than a total of five million dollars ($5,000,000) shall be expended in any academic year for the purposes of this section. (d) The commission shall award benefits payable under this section upon receipt of all documentation necessary to establish eligibility for the additional loan assumption benefits. Payments shall be made to applicants in the order received until the five million dollars ($5,000,000) authorized by subdivision (c) has been expended. (Amended by Stats. 2008, Ch. 516, Sec. 11. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69614. Source version: id_d295f2c8-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. (a) The commission shall distribute program information and student applications to participate in the loan assumption program to each eligible institution and to each school district or county office of education operating a district intern program pursuant to Section 44381. Each eligible institution shall receive at least one allocation, and the remainder shall be distributed to eligible institutions proportionate to the number of teaching candidates from each institution who completed the coursework required for a teaching credential based on the most recent data available from the Commission on Teacher Credentialing. In addition, the commission shall reexamine its outreach and marketing strategies to inform both potential undergraduates and persons employed outside of academia about the availability and benefits of the loan assumption program. To this end, the commission shall enlist the advice and support of the California Center for the Teaching Profession, the University of California, the California State University, the Association of Independent California Colleges and Universities, and private employers and their associations throughout the state. (b) Each eligible institution, school district, and county office of education shall sign an institutional agreement with the commission, certifying its intent to administer the loan assumption program according to all applicable published rules, regulations, and guidelines, and to make special efforts to notify students regarding the availability of the program, particularly economically disadvantaged students. (c) To the extent feasible, each eligible institution shall coordinate the loan assumption program with other programs designed to recruit students to enter the teaching profession. (Amended by Stats. 2008, Ch. 516, Sec. 12. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69615. Source version: id_fdcabbfc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. (a) The commission shall administer this article, and shall adopt rules and regulations for that purpose. The rules and regulations shall include, but need not be limited to, provisions regarding the period of time during which an agreement shall remain valid, the reallocation of resources in light of agreements that are not utilized by program participants, the failure, for any reason, of a program participant to complete a minimum of four consecutive years of classroom instruction, and the development of projections for funding purposes. (b) The commission shall solicit the advice of representatives from postsecondary education institutions, the State Department of Education, the Commission on Teacher Credentialing, school districts, and county offices of education regarding proposed rules and regulations. (Amended by Stats. 2000, Ch. 583, Sec. 11. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69615.6. Source version: id_d3c28bec-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. (a) For each school year, all of the following shall apply: (1) The commission shall enter into agreements for the assumption of up to 6,500 student loans for program participants eligible under this article. (2) Priority for these agreements shall be given to applicants who are recipients of federally subsidized loans or other need-based loans, as determined by the commission. (3) Priority for these agreements shall be given to applicants who agree to obtain, or who have obtained, a teaching credential in mathematics, science, or special education. (b) In any school year, the commission may enter into no more than 100 agreements with applicants who participate in a district intern program operated by a school district or a county office of education. (Amended by Stats. 2008, Ch. 516, Sec. 14. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5. Assumption Program of Loans for Education [69612 - 69615.8] SECTION 69615.8. Source version: id_d458152e-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5. Notwithstanding any other law, in any fiscal year, the commission shall award no more than the number of loan assumption agreements that are authorized by the Governor and the Legislature in the annual Budget Act for that year for the assumption of loans pursuant to this article. (Added by Stats. 2008, Ch. 516, Sec. 15. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.1. Golden State Teacher Grant Program [69617 - 69617.5] SECTION 69617. Source version: id_309806b0-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.1. (a) (1) (A) Subject to moneys appropriated by the Legislature for purposes of this section, the commission shall administer the Golden State Teacher Grant Program. Under the program, the commission shall provide one-time grant funds of up to twenty thousand dollars ($20,000) to each student enrolled, or who has applied for enrollment, between January 1, 2020, to June 30, 2024, inclusive, in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential, at either a qualifying institution, as defined in subdivision (l) of Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program. (B) Except as provided in subparagraph (C), for applications received under the program beginning on July 1, 2024, the commission shall provide reduced one-time grant funds of up to ten thousand dollars ($10,000) to each student enrolled, or who has applied for enrollment, on or after July 1, 2024, in a professional preparation program leading to a preliminary teaching credential in a high-need field or a pupil personnel services credential, at either a qualifying institution, as defined in subdivision (l) of Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for two years within the four years following the date the student completes the professional preparation program. (C) (i) Beginning on July 1, 2026, for applications received under the program and funded through local assistance support from federal Individuals with Disabilities Education Act funds, the commission shall provide one-time grants of up to twenty thousand dollars ($20,000) to each student enrolled, or who has applied for enrollment, on or after July 1, 2026, in a professional preparation program leading to a special education credential, at either a qualifying institution, as defined in subdivision (l) of Section 69432.7, or a professional preparation program approved by the Commission on Teaching Credentialing that has a main campus location or administrative entity that resides in California, including professional preparation programs operated by local educational agencies in California, except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program. (ii) The commission may, upon approval from the Department of Finance, use moneys from the General Fund to provide grants prescribed by clause (i) in the event that federal Individuals with Disabilities Education Act funds transfers to the commission are delayed. Once federal Individuals with Disabilities Education Act funds are received, the commission shall reimburse the General Fund moneys used pursuant to this clause on a quarterly basis within the same fiscal year. (2) (A) Under the program, the commission shall provide one-time grant funds of up to ten thousand dollars ($10,000) to each California resident student enrolled, or who has applied for enrollment, between January 1, 2020, to June 30, 2024, inclusive, in a professional preparation program leading to a preliminary teaching credential or pupil personnel services credential at a qualified institution, as determined by the Commission on Teacher Credentialing pursuant to Section 69617.5, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program. (B) Except as provided in subparagraph (C), for applications received beginning on July 1, 2024, under the program, the commission shall provide reduced one-time grant funds of up to five thousand dollars ($5,000) to each student eligible for a grant pursuant to subparagraph (A), except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for two years within the four years following the date the student completes the professional preparation program. (C) (i) Beginning on July 1, 2026, for applications received under the program and funded through local assistance support from federal Individuals with Disabilities Education Act funds, the commission shall provide one-time grants of up to ten thousand dollars ($10,000) to each student enrolled, or who has applied for enrollment, on or after July 1, 2026, in a professional preparation program leading to a special education credential at a qualified institution, as determined by the Commission on Teacher Credentialing pursuant to Section 69617.5, except teacher intern credential program participants, if the student commits to working at a priority school or a California preschool program for four years within the eight years following the date the student completes the professional preparation program. (ii) The commission may, upon approval from the Department of Finance, use moneys from the General Fund to provide grants prescribed by clause (i) in the event that federal Individuals with Disabilities Education Act funds transfers to the commission are delayed. Once federal Individuals with Disabilities Education Act funds are received, the commission shall reimburse the General Fund moneys used pursuant to this clause on a quarterly basis within the same fiscal year. (D) Of the funds appropriated in support of the program, no more than 8 percent of the total funding may be allocated for the purpose of awards provided pursuant to this paragraph. (3) (A) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021 shall be available for encumbrance or expenditure by the commission until June 30, 2026. (B) Funds appropriated for the Golden State Teacher Grant Program in the Budget Act of 2025 and the Budget Act of 2026 shall be available for encumbrance or expenditure by the commission until June 30, 2029. (C) For applications submitted to the commission in the 2023–24 fiscal year, the commission shall issue no more than fifty million dollars ($50,000,000) in grants pursuant to this section. (4) Grant funds shall be used to supplement and not supplant other sources of grant financial aid, and may be disbursed in more than one academic year, provided that the total amount of funds granted to an applicant does not exceed the applicable amount specified in this section. (b) The one-time grant funds issued pursuant to this section shall not exceed the amount appropriated for the Golden State Teacher Grant Program in the Budget Act of 2020 and the Budget Act of 2021. (c) Commencing July 1, 2024, the commission shall prioritize awards to eligible applicants with the lowest income and asset levels at the time of application. Income and asset levels shall be calculated using the same methodology set forth for the Student Aid Index. (d) (1) A grant recipient shall agree to serve at a priority school or a California preschool program for two or four years, as applicable, and shall have four or eight years, as applicable, upon completion of the recipient’s professional preparation program, to meet that obligation. Except as provided in paragraph (4), a grant recipient shall agree to repay the state 50 or 25 percent, as applicable, of the total received grant funds annually, up to full repayment of the received grant funds, for each year the recipient fails to do one or more of the following: (A) Be enrolled in or have successfully completed a professional preparation program approved by the Commission on Teacher Credentialing. (B) While enrolled in the professional preparation program, maintain good academic standing. (C) Before or upon completion of the professional preparation program, complete a baccalaureate degree program from a regionally accredited institution of higher education. (D) Complete the required teaching service or clinical practice following completion of the recipient’s professional preparation program. (E) Complete their teacher preparation program and earn a preliminary credential within six years after the first distribution of grant funds. (2) Nonperformance of the commitment to serve at a priority school or a California preschool program for the applicable two or four years shall be certified by the commission. (3) Nonperformance of the commitment to earn a preliminary teaching credential, pupil personnel services credential, or special education credential shall be certified by the Commission on Teacher Credentialing to the Student Aid Commission. (4) Any exceptions to the requirement for repayment shall be defined by the commission, and may include, but shall not be limited to, counting a school year towards the required applicable service requirement at a priority school or a California preschool program if a grant recipient is unable to complete the school year when any of the following occur: (A) The grant recipient has completed at least one-half of the school year or preschool program year, as applicable. (B) The employer deems the grant recipient to have fulfilled the grant recipient’s contractual requirements for the school year or preschool program year, as applicable, for purposes of salary increases, probationary or permanent status, and retirement. (C) The grant recipient was not able to serve due to the financial circumstances of the school district, including a decision to not reelect the employee for the next succeeding school year. (D) The grant recipient has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or similar state law. (E) The grant recipient was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States. (e) The commission shall develop a process by which students interested in a professional preparation program leading to a preliminary teaching credential or a pupil personnel services credential may submit a request for a preenrollment conditional award notice from the commission. The notice shall provide information regarding the Golden State Teacher Grant Program award amount the student may be eligible to receive upon enrollment in the professional preparation program and formal application to the commission to participate in the Golden State Teacher Grant Program. (f) (1) A “priority school” means a school with 55 percent or more of its pupils being unduplicated pupils, as defined in subdivision (b) of Section 42238.02. (2) A “high-need field” means a field designated as a having the most significant shortages by the commission and may include any of the following: (A) Credentials issued in conjunction with a bilingual or computer science authorization. (B) Mathematics, science, or technology credentials. (C) Special education credentials. (3) The commission, in coordination with the State Department of Education, shall publish a list of priority schools by April 15 of each year. (4) For purposes of satisfying the service requirement, a grant recipient may use service at a school listed on the most recent list of priority schools published by the commission that is available when the grant recipient seeks employment at a priority school. Further service at that school shall continue to satisfy the applicable service requirement, even if the school is no longer included on future priority school lists. (g) (1) The commission may adopt regulations, including any amendments to regulations, necessary for the implementation of the Golden State Teacher Grant Program. The commission may adopt emergency regulations it deems necessary for the implementation of this program, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations or amendments to those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. (2) Notwithstanding any other law and without further compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), any emergency regulations and amendments to the emergency regulations adopted pursuant to paragraph (1) shall remain in force and effect until June 30, 2030. (3) No rule, policy, or standard of general application issued by the commission in implementing this section shall be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (h) The commission shall conduct, in partnership with the Commission on Teacher Credentialing, an evaluation of the Golden State Teacher Grant Program to determine the effectiveness of the program in recruiting credential candidates and employing credentialholders at priority schools and California preschool programs. The commission is encouraged to use qualitative and quantitative measures to quantify the number of credential candidates the program recruited into professional preparation programs, disaggregated by program and institution type, and the number of credentialholders employed at priority schools and California preschool programs, disaggregated by subject matter placement, and to describe the effects of the program on the decisions of credential candidates to enter and remain in the education field. The commission shall provide, with respect to the evaluation, a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 31, 2025, and every two years thereafter. (i) (1) The commission shall accept applications for the Golden State Teacher Grant Program beginning on September 1 for the following academic year and shall establish a process and timeline that allows institutions of higher education to provide applicants with grant eligibility determinations before the deadline for enrolling in their professional preparation program. (2) Commencing July 1, 2024, the commission shall establish up to three application periods each year, consistent with subdivision (a). (j) The commission shall permit grant recipients to receive funds in more than one academic year, provided the total amount of funds granted to any applicant does not exceed the applicable amount specified in this section. (k) As used in this section, “California preschool program” means a state-funded or federally funded preschool program in the state, including California state preschool programs, tribal preschool programs, and Head Start programs. (Amended by Stats. 2026, Ch. 65, Sec. 130. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.1. Golden State Teacher Grant Program [69617 - 69617.5] SECTION 69617.5. Source version: id_12f0ef5b-5321-11ee-9458-e9c74b561004 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.1. (a) The Legislature finds that the state’s teaching crisis requires immediate and targeted action that also increases diversity among classroom teachers. (b) Notwithstanding Section 69617, the Commission on Teacher Credentialing may determine that a private postsecondary educational institution is a qualifying institution for purposes of the program established pursuant to Section 69617, if the institution meets all of the following criteria: (1) The institution offers a professional preparation program approved by the Commission on Teacher Credentialing as of January 1, 2023. (2) The institution was originally chartered and is currently operating as a nonprofit entity that offers services exclusively online to California residents. (3) The institution is either accredited by the Senior Colleges and Universities Commission of the Western Association of Schools and Colleges or is regionally accredited by an agency recognized by the United States Department of Education. (4) The institution participates in the federal Pell Grant program (20 U.S.C. Sec. 1070a), and in at least two of the following federal student aid programs: (A) Federal Work-Study Program (20 U.S.C. Sec. 1087–51). (B) Federal Stafford Loan Program. (C) Federal Supplemental Educational Opportunity Grant Program (20 U.S.C. Sec. 1070b). (5) The institution has a federal student loan cohort default rate below 10 percent. (6) The institution reports the degree to which enrolled students participating in this program complete the program and become licensed to teach in California within 24 months, and the average time to program completion. (7) The institution has an established labor union student chapter that provides a pathway to union membership to students upon graduation. (8) (A) It is the intent of the Legislature that the institution is in compliance with any applicable provisions of the California Private Postsecondary Education Act of 2009 (Chapter 8 (commencing with Section 94800) of Part 59 of Division 10). (B) If the institution has no physical presence in California, the institution shall contract with the Bureau for Private Postsecondary Education to respond to California resident student complaints pursuant to Section 94874.9. (c) The requirements described in subdivision (b) shall be demonstrated in a manner to be determined by the Commission on Teacher Credentialing, which may include consultation with the State Board of Education. (Amended by Stats. 2023, Ch. 195, Sec. 3. (SB 142) Effective September 13, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618. Source version: id_fdcdc944-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. (a) The Legislature hereby recognizes the growing need for new faculty members at California’s colleges and universities. This need will be fueled largely by two factors: (1) the large number of current faculty approaching retirement age who will need to be replaced; and (2) the expected growth in enrollment demand in California. (b) The Legislature finds that the rising costs of higher education, coupled with a shift in available financial aid from scholarships and grants to loans, make loan repayment options an important consideration in student’s decision to pursue a graduate education. (c) It is the intent of the Legislature that the Graduate Assumption Program of Loans for Education be designed to encourage persons to complete their graduate educations and serve as faculty at an accredited California college or university. (d) As used in this article, “commission” means the Student Aid Commission. (Added by Stats. 1998, Ch. 330, Sec. 32. Effective August 21, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618.1. Source version: id_fdcdc946-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. (a) Program participants shall meet all of the following eligibility criteria prior to selection in the program and shall continue to meet these criteria, as appropriate, during the payment periods: (1) The participant shall be a United States citizen or eligible noncitizen. (2) The participant shall be a California resident attending an eligible school or college. (3) The participant shall be making satisfactory academic progress. (4) The participant shall have complied with United States Selective Service requirements. (5) The participant shall not owe a refund on any state or federal educational grant or have delinquent or defaulted student loans. (b) Any person enrolled in an institution of postsecondary education and participating in the loan assumption program set forth in this article may be eligible to receive a conditional warrant for loan assumption, to be redeemed pursuant to Section 69618.2 upon becoming employed as a full-time faculty member at a California college or university or the equivalent of full-time service as a faculty member employed part-time at two or more California colleges or universities. (c) (1) The commission shall award warrants to students with demonstrated academic ability and financial need, as determined by the commission pursuant to Article 1.5 (commencing with Section 69503). (2) The applicant shall have completed a baccalaureate degree program or be enrolled in an academic program leading to a baccalaureate level or a graduate level degree. (3) The applicant shall be currently enrolled in or admitted to a program in which he or she will be enrolled on at least a half-time basis each academic term as defined by an eligible institution. The applicant shall agree to maintain satisfactory academic progress. (4) The applicant shall have been judged by his or her postsecondary institution to have outstanding ability on the basis of criteria that may include, but need not be limited to, any of the following: (A) Grade point average. (B) Test scores. (C) Faculty evaluations. (D) Interviews. (E) Other recommendations. (5) In order to meet the costs of obtaining a graduate degree, the applicant shall have received, or be approved to receive, a loan under one or more of the following designated loan programs: (A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071 et seq.). (B) Any loan program approved by the commission. (6) The applicant shall have agreed to teach on a full-time basis at one or more accredited California colleges or universities for at least three consecutive years after obtaining a graduate degree. (7) An applicant who teaches on less than a full-time basis may participate in the program, but is not eligible for loan repayment until that person teaches for the equivalent of a full-time academic year. (d) A person participating in the program pursuant to this section shall not receive more than one warrant. (Amended by Stats. 2000, Ch. 460, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618.2. Source version: id_fdcdc948-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. The commission shall redeem an applicant’s warrant and commence loan assumption payments as specified in Section 69618.3 upon verification that the applicant has fulfilled all of the following: (a) The applicant has received a graduate degree from an accredited, participating institution. (b) The applicant has provided the equivalent of full-time instruction at one or more regionally accredited California colleges or universities for one academic year or the equivalent. (c) The applicant has met the requirements of the warrant and all other conditions of this article. (Amended by Stats. 2000, Ch. 460, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618.3. Source version: id_fdcdc94a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. The terms of the loan assumptions granted under this article shall be as follows, subject to the specific terms of each warrant: (a) After a program participant has completed one academic year, or the equivalent of full-time teaching, at one or more regionally accredited, eligible California colleges or universities, the Student Aid Commission shall assume up to two thousand dollars ($2,000) of the participant’s outstanding liability under one or more of the designated loan programs. The initial year of eligible teaching shall begin within 10 years of receiving an initial conditional warrant from the commission. (b) After the program participant has completed two consecutive academic years, or the equivalent of full-time teaching, at one or more regionally accredited California colleges or universities, the commission shall assume up to an additional two thousand dollars ($2,000) of the participant’s outstanding liability under one or more of the designated loan programs, for a total loan assumption of up to four thousand dollars ($4,000). (c) After a program participant has completed three consecutive academic years, or the equivalent of full-time teaching, at one or more regionally accredited California colleges or universities, the commission shall assume up to an additional two thousand dollars ($2,000) of the participant’s outstanding liability under one or more of the designated loan programs, for a total loan assumption of up to six thousand dollars ($6,000). (Amended by Stats. 2000, Ch. 460, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618.4. Source version: id_fdcdc94c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. (a) Except as provided in subdivision (b), in the event that a program participant fails to complete a minimum of three consecutive academic years of teaching as required by this article, under the terms of the agreement pursuant to paragraph (6) of subdivision (c) of Section 69618.1, the participant shall assume full liability for all student loan obligations remaining after the commission’s assumption of loan liability for the last academic year of qualifying instruction pursuant to Section 69618.3. (b) Notwithstanding subdivision (a), in the event that a program participant becomes unable to complete one of the three consecutive years of teaching service due to a serious illness, pregnancy, or other natural causes, the participant shall receive a deferral of the resumption of full liability for the loan for a period not to exceed one academic year. (Added by Stats. 1998, Ch. 330, Sec. 32. Effective August 21, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618.5. Source version: id_fdcf4fee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. (a) The commission shall accept nominations from accredited colleges and universities made pursuant to Section 69618.1. (b) The commission shall choose from among those nominations deemed financially needy with outstanding student loans pursuant to Article 1.5 (commencing with Section 69503) based upon criteria that may include the following: (1) Grades at the undergraduate level in the subject field in which the student intends to complete graduate work. (2) Grades in the undergraduate program. (3) Aptitude for graduate work in the subject fields. (4) General aptitude for graduate study. (5) Critical human resource needs. (c) The commission may develop additional criteria for the selection of award recipients consistent with the purposes of this article. (Added by Stats. 1998, Ch. 330, Sec. 32. Effective August 21, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618.6. Source version: id_fdcf4ff0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. The commission shall administer this article, and shall adopt rules and regulations for that purpose. The rules and regulations shall include, but need not be limited to, provisions regarding the period of time for which a warrant shall remain valid and the development of projections for funding purposes. In developing these rules and regulations, the commission shall solicit the advice of representatives from postsecondary education institutions. (Added by Stats. 1998, Ch. 330, Sec. 32. Effective August 21, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618.7. Source version: id_fdcf4ff2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. The commission shall work in conjunction with lenders participating in the Federal Family Education Loan Program to develop a streamlined application process for participation in the program set forth in this article. (Added by Stats. 1998, Ch. 330, Sec. 32. Effective August 21, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69618.9. Source version: id_fdd0d696-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. Commencing with the 1998–99 fiscal year, the commission shall issue warrants for the assumption of up to 500 student loans for program participants eligible under this article. The issuance of warrants shall be subject to funding to be provided in the annual Budget Act for each fiscal year. Notwithstanding any other provision of law, no warrants for the assumption of loans under this article shall be issued in the 2003–04 fiscal year. (Amended by Stats. 2003, Ch. 227, Sec. 28. Effective August 11, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 5.5. Graduate Assumption Program of Loans for Education [69618 - 69619] SECTION 69619. Source version: id_fdd0d698-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=5.5. It is the intent of the Legislature that, commencing with the 1998–99 fiscal year, funding necessary for the administration of this student loan assumption program shall be included within the annual budget of the commission in an amount necessary to meet the student loan obligations incurred by the commission. (Added by Stats. 1998, Ch. 330, Sec. 32. Effective August 21, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69620. Source version: id_fdd0d69c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. There is hereby established the Child Development Teacher and Supervisor Grant Program, to be administered by the Student Aid Commission, with participation by students attending California public or private two-year or four-year postsecondary educational institutions who intend to teach or supervise in the field of child care and development in a licensed children’s center. The Student Aid Commission may enter into an agreement with another state or local agency to administer this program. (Added by Stats. 1997, Ch. 721, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69621. Source version: id_fdd0d69e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. For purposes of this article, the following definitions apply: (a) “Child Development Permit” means a permit issued by the Commission on Teacher Credentialing that authorizes an individual to teach, instruct, or supervise in a licensed child care and development program. (b) “Licensed children’s center” means a public school district-based, nonprofit community-based, or private proprietary program licensed by the State Department of Social Services under the health and safety requirements of Title 22 of the California Code of Regulations or administered by the State Department of Education under Title 5 of the California Code of Regulations. Licensed children’s centers include federally subsidized, state-subsidized, and nonsubsidized child care and development programs serving children part day or full day. (Amended by Stats. 1999, Ch. 83, Sec. 44. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69622. Source version: id_fdd25d40-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. (a) Participants shall be enrolled in an approved course of study leading to the teacher, site supervisor, or program director level of the Child Development Permit. (b) An applicant shall be eligible to participate if he or she meets one of the following criteria: (1) Is nominated by a postsecondary institution. (2) Is nominated by his or her employing agency that holds an approved waiver of staffing qualifications on behalf of the applicant. (c) From the list of applicants who are eligible under subdivisions (a) and (b), the Student Aid Commission, or an agency designated by the commission, shall select participants on the basis of their demonstrated financial need and academic achievement, which may include, but not be limited to, high school grade-point average, college grade-point average, or academic test scores. (d) Participants shall maintain no less than half-time enrollment and satisfactory academic progress as defined by the postsecondary educational institution. (e) Recipients of a grant may renew their participation by maintaining satisfactory academic progress, financial need, and intent to pursue the approved course of study leading to the teacher, site supervisor, or program director level as provided in subdivision (a). The maximum amount any one recipient may receive through the grant program is six thousand dollars ($6,000). (f) Participants may not concurrently receive benefits from the grant program under this article and from the Child Development Teacher Loan Assumption Program. (Added by Stats. 1997, Ch. 721, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69623. Source version: id_fdd25d42-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. (a) To receive a grant under this article, a participant shall enter into a contractual agreement with the Student Aid Commission under which the participant agrees to do all of the following: (1) Pursue a course of study leading to the Child Development Permit at the teacher, site supervisor, or program director level. (2) Maintain full-time employment in a licensed children’s center in California for a period of one year for each year in which grant assistance was received and provide the Student Aid Commission with evidence of compliance with this requirement. (b) Each participant shall complete and return to the Student Aid Commission an employment verification for each year of service as a teacher, instructor, or supervisor. A year of employment may be based on a calendar year or a school year. (c) The Student Aid Commission shall develop appropriate mechanisms to document and report annually to the State Department of Education regarding compliance with the requirements of paragraph (2) of subdivision (a). (Added by Stats. 1997, Ch. 721, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69624. Source version: id_fdd25d44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. (a) It is the intent of the Legislature that up to 100 new grants be awarded each year, or that the maximum number of grants be based on the amount of federal funds available from the Child Development Block Grant Act of 1990 (P.L. 97-35). (b) (1) Grants shall be awarded in the amount of two thousand dollars ($2,000) for each academic year if the participant is enrolled at least one-half time in a four-year institution. (2) Grants shall be awarded in the amount of one thousand dollars ($1,000) for each academic year if the participant is enrolled at least one-half time in a two-year institution. (3) Participants may renew their awards for a maximum of one additional year. (Added by Stats. 1997, Ch. 721, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69625. Source version: id_fdd25d46-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. (a) In order to accomplish the purposes set forth in this article, commencing January 1, 1998, the Controller, the State Department of Education, the State Department of Social Services, or any other state agency receiving funds from the Child Care Development Block Grant Act of 1990 (P.L. 97-35) shall make these funds available to the Student Aid Commission for this program only to the extent this program is incorporated into, and approved in, the state plan established pursuant to subsection (a) of Section 658E of Subchapter C as contained in Section 5082 of the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508). (b) For the purpose of implementing this article, the State Department of Education or designated state agency shall enter into an interagency agreement with the Student Aid Commission to allocate federal funds received annually for purposes of this program and to include funds for the administrative costs. (c) On or before January 1, 1999, and each year thereafter, the Student Aid Commission shall report to the State Department of Education or designated state agency regarding the federal funding level required to award 100 new grants and all of the renewal grants annually. The State Department of Education or designated state agency shall take these amounts into consideration when developing the state plan referenced in subdivision (a). The State Department of Education or designated state agency shall notify the Student Aid Commission of any revision to the federal funding level as reflected in changes to the Child Care and Development Block Grant State Plan. (d) This program is contingent upon the receipt of federal funds for the childcare and development block grant for the purposes of implementing this program. (Amended by Stats. 2002, Ch. 659, Sec. 1. Effective September 18, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69626. Source version: id_fdd25d48-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. (a) The Student Aid Commission shall administer the Child Development Teacher and Supervisor Grant Program. This includes determining the application procedures and the selection criteria for grant awards. (b) It is the intent of the Legislature that the Student Aid Commission consult with the Child Development Division of the California Department of Education, postsecondary educational institutions, and child care and development representatives of statewide organizations regarding the development of the program, including the program requirements and selection criteria. (Added by Stats. 1997, Ch. 721, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69627. Source version: id_fdd25d4a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. Notwithstanding Section 7550.5 of the Government Code, the Student Aid Commission shall report to the Governor and the Legislature by January 1, 2001, on the Child Development Teacher and Supervisor Grant Program to assess the following: (a) The number of applicants annually. (b) The number of participants annually. (c) The rate of compliance with academic and employment requirements. (d) Participating postsecondary educational institutions. (e) Needs assessment for program growth based on the eligible pool of applicants. (f) Participation and success rates for each permit. (g) The amount of grant funds awarded each year, by institution. (Added by Stats. 1997, Ch. 721, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 7. Child Development Teacher and Supervisor Grant Program [69620 - 69628] SECTION 69628. Source version: id_fdd3e3ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=7. This article shall not be implemented unless and until federal funds are made available for the purposes of implementing this article in accordance with subdivision (a) of Section 69625. (Added by Stats. 1997, Ch. 721, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69640. Source version: id_96105950-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. (a) It is the intent of the Legislature that the California Community Colleges recognize the need and accept the responsibility for extending the opportunities for community college education to all who may profit from that education regardless of economic, social, and educational status. It is the intent and purpose of the Legislature in establishing the Community College Extended Opportunity Programs and Services (EOPS) to encourage local community colleges to establish and implement programs directed to identifying those students affected by language, social, and economic handicaps, to increase the number of eligible EOPS students served, and to assist those students to achieve their educational objectives and goals, including, but not necessarily limited to, obtaining job skills, occupational certificates, or associate degrees, and transferring to four-year institutions. (b) The rules and regulations of the Board of Governors of the California Community Colleges shall be consistent with this article. The operation of EOPS, as well as these rules and regulations, shall be consistent with all of the following goals: (1) To increase the number and percentage of students enrolled in community colleges who are affected by language, social, and economic disadvantages, consistent with state and local matriculation policies. (2) To increase the number and percentage of EOPS students who successfully complete their chosen educational objectives. (3) To increase the number and percentage of EOPS students who are successfully placed into career employment. (4) To increase the number and percentage of EOPS students who transfer to four-year institutions following completion of the related educational programs at community colleges. (5) To strive to assist community colleges to meet student and employee affirmative action objectives. (6) To improve the delivery of programs and services to the disadvantaged. (c) The Legislature further intends that EOPS shall not be viewed as the only means of providing services to nontraditional and disadvantaged students or of meeting student and employee affirmative action objectives. (d) The Legislature finds that the establishment and development of extended opportunity programs and services are essential to the conservation and development of the cultural, social, economic, intellectual, and vocational resources of the state. (Amended by Stats. 2006, Ch. 538, Sec. 134. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69641. Source version: id_fdd3e3f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. The Extended Opportunity Programs and Services (EOPS) provided by a community college district shall supplement the regular educational programs of the community college district to encourage the enrollment of students handicapped by language, social, and economic disadvantages, and to facilitate the successful completion of their educational goals and objectives. EOPS shall be provided by certificated directors and instructors, as well as by counselors and other support staff approved by the governing board of the community college district. Participation in an extended opportunity program or service shall not preclude participation in any other program offered by the community college district. (Amended by Stats. 1990, Ch. 1372, Sec. 247.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69641.5. Source version: id_fdd3e3f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. The Board of Governors of the California Community Colleges shall consider adopting regulations which include all of the following objectives: (a) That the Extended Opportunity Programs and Services provided by a community college shall include, but not be limited to, staff qualified to counsel all EOPS students regarding their individual educational objectives and the specific academic or vocational training program necessary to achieve those objectives, and that each EOPS student receives that counseling upon his or her initial enrollment in the community college, and at least every six months thereafter. (b) That in assisting all EOPS students to identify their educational objectives, the Extended Opportunity Programs and Services provided by a community college identifies those students who want to transfer to a four-year institution, and those who have the potential to transfer successfully, and that the EOPS director at each community college disseminates the names and addresses of these potential transfer students to admissions staff at public universities throughout the state at least once a year. (c) That the EOPS director at each community college shall work with other community college staff to encourage all interested EOPS students to enroll in existing community college classes designed to develop skills necessary for successful study at a university, including, but not limited to, time management, research and study skills, classroom note-taking skills, and writing skills, and that these classes be developed if they are not already established. (Amended by Stats. 1990, Ch. 1372, Sec. 248.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69642. Source version: id_fdd56a96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. Definitions: (a) “Extended opportunity program” means a special program or method of instruction designed to facilitate the language, educational, or social development of a student and increase his or her potential for success in the college. (b) “Extended opportunity services” means a program of assistance designed to aid students with socioeconomic handicaps to permit them to enroll in and participate in the educational activities of the college, and to progress toward completing their educational goals and objectives, including, but not limited to, graduation from college. (Amended by Stats. 1990, Ch. 1372, Sec. 249.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69643. Source version: id_fdd56a98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. (a) There is in the state government the Advisory Committee on Extended Opportunity Programs and Services. It shall be comprised of nine members appointed by the board, two members appointed by the Speaker of the Assembly and two members appointed by the Senate Committee on Rules. The nine members appointed by the board shall serve for four-year terms, except the first term of each shall be determined by lot at the first meeting of the board. Three shall serve for four years, three shall serve for three years, and three shall serve for two years. The two members appointed by the Speaker of the Assembly and the two members appointed by the Senate Committee on Rules shall serve at the pleasure of the respective appointing powers. (b) The chairperson and vice chairperson of the committee shall be designated by the board. (c) The members of the committee shall serve without compensation, but shall be reimbursed for necessary traveling and other expenses incurred in performing their duties and responsibilities. (d) The committee shall serve as an advisory body to the board, shall formulate and present policy recommendations as it determines will effect statewide establishment and conduct of community college programs of extended opportunities and services, shall review annually and report to the board the progress made under this article with the California Community Colleges toward the extension of educational opportunities for all students who may profit from instruction, and make other recommendations to implement this article. The Chancellor of the California Community Colleges shall be executive secretary of the committee, shall report to the board on the actions of the committee, and, at the recommendation of the committee and its direction, shall make recommendations to the board pursuant to this article. (e) All meetings of the committee shall be open and public, and all persons shall be permitted to attend any meeting of the committee. (Amended by Stats. 1991, Ch. 1038, Sec. 1. Effective October 14, 1991.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69648. Source version: id_fdd56a9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. By January 1, 1986, the board shall adopt rules and regulations necessary to implement this article, including rules and regulations which do all of the following: (a) Prescribe the procedure by which a district shall identify a student eligible for extended opportunity programs or services on the basis of the student’s language, social, or economic disadvantages. (b) Establish minimum standards for the establishment and conduct of extended opportunity programs and services. The standards may include, but shall not be limited to, guidelines for all of the following: (1) The provision of staffing and program management. (2) The establishment of a documentation and data collection system. (3) The establishment of an EOPS advisory committee. (4) The provision of recruitment and outreach services. (5) The provision of cognitive and noncognitive assessment, advising, and orientation services. (6) The provision of college registration. (7) The provision of basic skills instruction, seminars, and tutorial assistance. (8) The provision of counseling and retention services. (9) The provision of transfer services. (10) The provision of direct aid. (11) The establishment of objectives to achieve the goals specified in Section 69640, and objectives to be applied in implementing extended opportunity programs and services. (c) Subject to approval of the chancellor, establish procedures for the review and evaluation of the districts’ extended opportunity programs and services. (d) Require the submission of the reports by districts that will permit the evaluation of the program and services offered. (Amended by Stats. 1990, Ch. 1372, Sec. 255.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69648.5. Source version: id_fdd6f13c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. The board of governors may use up to 1 percent of the funds appropriated for the EOPS program by the annual Budget Act to monitor program activities and to conduct the evaluation of EOPS offered by districts. (Amended by Stats. 1990, Ch. 1372, Sec. 256.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69649. Source version: id_fdd6f13e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. (a) The governing board of a community college district may, with the approval of the board, establish an extended opportunity program. Except as provided in subdivision (b), in order to be eligible to receive state funding, the program shall meet the minimum standards established pursuant to subdivision (b) of Section 69648. (b) The board of governors may waive any or all of the minimum standards established pursuant to subdivision (b) of Section 69648 if the board of governors determines that unusual circumstances which merit a waiver exist. (Amended by Stats. 1990, Ch. 1372, Sec. 258.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69650. Source version: id_fdd6f140-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. The governing board of a community college district may, with the approval of the board, establish extended opportunity services. Such services may include, but need not be limited to: (a) Loans or grants to meet living costs or a portion thereof. (b) Loans or grants to meet the cost of student fees. (c) Loans or grants to meet cost of transportation between home and college. (d) The provision of scholarships. (e) Work-experience programs. (f) Job placement programs. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69651. Source version: id_fdd6f142-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. The governing board of a community college district shall not use any funds received from the state for the operation and administration of extended opportunity programs and services to supplant district resources, programs, or services authorized by Sections 69649 and 69650. The governing board may use those funds to meet the matching requirements to receive federal funds, or funds granted by nonprofit foundations, designated for the same purposes, for extended opportunity programs and services, as defined by Section 69641. (Amended by Stats. 1984, Ch. 1178, Sec. 7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69652. Source version: id_fdd6f144-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. The governing board of a community college district may apply to the board for an allowance to meet all or a portion of the cost of establishing and operating extended opportunity programs or services authorized by this article. The application shall contain a detailed plan or plans for use of the allowance. The plan or plans shall be submitted in accordance with rules and regulations adopted by the board. The board may also adopt rules and regulations relating to the form and content of applications and procedures for review, evaluation, and approval thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69653. Source version: id_fdd877e6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. Applications shall be subject to the approval of the board. Upon approval by the board, it shall certify an apportionment or apportionments to the Controller. The Controller shall draw warrants on the State Treasury in the amounts certified in favor of the governing board of the community college district which has jurisdiction over the applicant district in accordance with a schedule of payments established by the board and approved by the Department of Finance. (Amended by Stats. 1990, Ch. 1372, Sec. 260. Operative January 1, 1992, by Sec. 709 of Ch. 1372.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69654. Source version: id_fdd877e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. The board shall review the need for state funds to carry out the purposes of this chapter and shall include an estimate of such need in its budget for each year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69655. Source version: id_fdd877ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. (a) Pursuant to Section 69648, the Chancellor of the California Community Colleges shall determine the elements of a statewide data base for the Community College Extended Opportunity Programs and Services, which shall be used for periodic evaluation of the programs and services. The data base shall include all information necessary to demonstrate the statewide progress towards achieving the program goals identified in Section 69640, and program objectives adopted pursuant to Section 69648 including, but not limited to, all of the following: (1) The annual number of extended opportunity programs and services (EOPS) students and non-EOPS students who complete degree or certificate programs, transfer programs, or other programs, as determined by state and local matriculation policies. (2) The annual number of EOPS and non-EOPS students who transfer to institutions which award the baccalaureate degree. In implementing this paragraph, the chancellor shall work in cooperation with the California Postsecondary Education Commission, the President of the University of California, the Chancellor of the California State University, and the Association of Independent Colleges and Universities to establish methods for obtaining the necessary data. (3) The annual number of EOPS and non-EOPS students completing occupational programs who find career employment. In implementing this paragraph, the chancellor shall integrate the data collection with existing data collection requirements pertaining to vocational education. (b) Beginning in January 1987, the chancellor shall annually report to the Legislature regarding the number of students served by the Community College Extended Opportunity Programs and Services and the number of EOPS students who achieve their educational objectives. (Amended by Stats. 1990, Ch. 1455, Sec. 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 8. Community College Extended Opportunity Programs and Services [69640 - 69656] SECTION 69656. Source version: id_fdd877ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=8. It is the intent of the Legislature that the California State University and the University of California provide fee waivers for admissions applications for all EOPS transfer students who provide waiver forms signed by a community college EOPS director. (Added by Stats. 1985, Ch. 1586, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 9. Golden State Education and Training Grant Program Act [69670 - 69671] SECTION 69670. Source version: id_e59cdb65-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=9. (a) This article shall be known as the Golden State Education and Training Grant Program Act. (b) For purposes of this article: (1) “Commission” means the Student Aid Commission. (2) “Grant” means a Golden State Education and Training Grant awarded pursuant to this article. (3) “Institution of higher education” means a campus or extension center of the University of California, the California State University, or the California Community Colleges. (4) “Program” means the Golden State Education and Training Grant Program established by this article. (Added by Stats. 2021, Ch. 144, Sec. 30. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 2. Student Financial Aid Programs [69500 - 70048] ARTICLE 9. Golden State Education and Training Grant Program Act [69670 - 69671] SECTION 69671. Source version: id_e59cdb67-f6ce-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=2.&article=9. (a) From any funds appropriated by the annual Budget Act or another statute for purposes of this article, the commission shall administer the program, which is hereby established. Under this program, the commission shall make available one-time grants to California resident workers who have been displaced from their employment due to the COVID-19 pandemic, are not already accessing an educational or training program, can demonstrate a financial need by meeting the income and asset qualifications, established pursuant to subdivision (k) of Section 69432.7, to be eligible for a Cal Grant A award, and agree to use the grant funds for any of the following purposes: (1) To access an educational program or qualified training program at an institution of higher education. (2) To obtain training from a provider that is included on the state’s Eligible Training Provider List. (b) (1) The commission shall determine the amount of each grant award so that no grant awarded under this article is less than one thousand dollars ($1,000), and no award exceeds two thousand five hundred dollars ($2,500). The commission shall consider individual applicant financial need and educational or training program costs in determining individual award amounts. The commission shall prioritize available grants to participants with incomes that are the greatest percentage less than the average monthly family or individual income in calendar years 2018 and 2019 needed to meet the average living wage in the participant’s California county or metropolitan statistical area of the state, as computed by the living wage calculation developed by the Massachusetts Institute of Technology. (2) The commission shall allocate at least one-half of the funding appropriated in the annual Budget Act or another statute for purposes of this article to provide grants to eligible individuals who are caring for at least one dependent child under 18 years of age in the calendar year of the application. (c) In awarding grants to individuals pursuant to this article, the commission shall do all of the following: (1) Develop an application for prospective individuals to request a grant. In developing the application, the commission shall consider if the application process can be integrated within the application process for the Free Application for Federal Student Aid and the California Dream Act application. (2) Verify that an applicant was displaced from the applicant’s employment due to the COVID-19 pandemic and meets the income and asset criteria, established pursuant to subdivision (k) of Section 69432.7, to be eligible for a Cal Grant A award. (3) Require an applicant to self-certify that they have been unable to obtain employment that provides an average monthly wage that is equal to, or greater than, the average monthly wage received from their employment before the COVID-19 pandemic. (4) Verify that the applicant was not enrolled in a training program, college, or university at the time the applicant was displaced from the applicant’s employment. (5) Ensure that, if a student opts to attend an institution of higher education, the student’s grant funding is used to supplement and not supplant other sources of grant financial aid. (d) Grants allocated by the commission under this article shall be used to do either of the following: (1) Support the costs to access an educational program offered by an institution of higher education. (2) Obtain training from a provider that is included on the state’s Eligible Training Provider List, and that has a demonstrated track record of having the majority of its participants obtain employment that pays at least a living wage, as calculated by the Massachusetts Institute of Technology within one calendar year of program completion. (e) An eligible individual may request and receive no more than one grant under this article. (f) To the extent practicable, applicants determined to be eligible for a grant under this article shall have their grants provided directly to the institution of higher education of their choosing or directly to the applicable training provider included on the state’s Eligible Training Provider List. (g) The commission shall collaborate with institutions of higher education to facilitate the offering of these grant opportunities through campuses of those institutions. As a condition of making these grants available to individuals through institutions of higher education, those institutions shall comply with the applicable programmatic requirements of subdivisions (a) to (f), inclusive, and report the information necessary for the commission to complete the report required pursuant to subdivision (i). To the extent practicable, institutions of higher education shall match the grant awards provided to individuals enrolling in an educational program offered by the institution with any available institutional aid. (h) The commission may adopt regulations it deems necessary for the implementation of this program. If the commission opts to adopt regulations pursuant to this subdivision, these regulations shall be adopted by December 31, 2021, and shall be adopted as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). For purposes of the Administrative Procedure Act, including Section 11349.6 of the Government Code, the adoption of those regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare, notwithstanding subdivision (e) of Section 11346.1 of the Government Code. (i) No later than December 31, 2023, the commission shall report to the Legislature, in compliance with Section 9795 of the Government Code, and to the Governor on the number of grants provided to an institution of higher education on behalf of a grantee or to a training provider included on the state’s Eligible Training Provider List on behalf of a grantee. (j) (1) The commission may use up to 1 percent of the amount appropriated for purposes of this article to support its direct costs in administering the program. (2) Institutions of higher education administering this grant program through their campuses may use up to 1 percent of the amount allocated to their campuses for purposes of this section to support direct costs to administer the program. (3) The commission shall provide a portion of funds not to exceed 1 percent of the amount appropriated for purposes of this article to institutions of higher education administering this grant program for purposes of promoting the program and attracting eligible applicants in their respective communities. (k) The Legislature finds and declares, within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code, that undocumented persons shall be eligible to receive grants under this article. (l) It is the intent of the Legislature to appropriate state funding in the annual Budget Act or another statute to support the provision of a grant award to any eligible resident who meets, or could meet in a future year, the requirements for exemption from nonresident tuition pursuant to subdivision (a) of Section 68130.5. (Added by Stats. 2021, Ch. 144, Sec. 30. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70100. Source version: id_ab155bd6-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. (a) The Legislature hereby recognizes the growing need for new faculty members in the nursing field at California’s colleges and universities. This need will be fueled largely by the large number of current faculty approaching retirement age who will need to be replaced and the expected growth in enrollment demand in California. Further, to increase the supply of nurses in California, there must be an expansion of nursing educator opportunities in public colleges and universities that will produce the necessary faculty to teach in nursing programs in the state. (b) The Legislature finds that the rising costs of higher education, coupled with a shift in available financial aid from scholarships and grants to loans, make loan repayment options an important consideration in a student’s decision to pursue a graduate degree in nursing education or in a field related to nursing. (c) It is the intent of the Legislature that the State Nursing Assumption Program of Loans for Education (SNAPLE) be designed to encourage persons to complete their graduate educations and serve as nursing faculty in a registered nursing program at an accredited California college or university. (d) As used in this article, “commission” means the Student Aid Commission. (Added by renumbering Section 69616 by Stats. 2006, Ch. 837, Sec. 4. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70101. Source version: id_da53b433-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. (a) Program participants shall meet all of the following eligibility criteria prior to selection into the program, and shall continue to meet these criteria, as appropriate, during the payment periods: (1) The participant shall be a United States citizen or eligible noncitizen. (2) The participant shall be a California resident who, at a minimum, possesses a baccalaureate degree in nursing or a field related to nursing. (3) The participant shall have complied with United States Selective Service requirements. (4) The participant shall not owe a refund on any state or federal educational grant or have delinquent or defaulted student loans. (b) (1) Any person who has obtained a baccalaureate or graduate degree from an institution of postsecondary education, and who is participating in the loan assumption program set forth in this article, may be eligible to receive a conditional loan assumption agreement, to be redeemed pursuant to this chapter upon meeting the criteria of Section 70102. (2) A person who is currently teaching nursing at a regionally accredited California college or university is not eligible to enter into an agreement for loan assumption under this article. (c) (1) The commission shall award loan assumption agreements to either of the following applicants who otherwise meet the eligibility criteria of this section: (A) An applicant who has been admitted to or enrolled in an academic program leading to a graduate level degree and demonstrates academic ability. (B) An applicant with a baccalaureate, or baccalaureate and graduate degrees. (2) (A) An applicant who is pursuing a graduate degree shall be enrolled on at least a half-time basis each academic term as defined by an eligible institution and shall agree to maintain satisfactory academic progress. (B) Except as provided in subparagraph (C), if a program participant fails to maintain half-time enrollment as required by this article, under the terms of the agreement pursuant to subparagraph (A), the loan assumption agreement shall be deemed invalid. The participant shall retain full liability for all student loan obligations. The participant is excused from the half-time enrollment requirement if the student is in his or her final term in school and has no additional coursework required to obtain his or her graduate degree in nursing or a field related to nursing. (C) Notwithstanding subparagraph (B), a program participant shall be excused from the half-time enrollment requirement for a period not to exceed one calendar year, unless approved by the commission for a longer period, if a program participant becomes unable to maintain half-time enrollment due to any of the following: (i) Serious illness, pregnancy, or other natural causes. (ii) The participant is called to military active duty status. (iii) A natural disaster prevents the participant from maintaining half-time enrollment due to the interruption of instruction at the eligible institution. (3) The applicant shall have been judged by his or her postsecondary institution or employer, whichever is applicable, to have outstanding ability on the basis of criteria that may include, but need not be limited to, any of the following: (A) Grade point average. (B) Test scores. (C) Faculty evaluations. (D) Interviews. (E) Other recommendations. (4) The applicant shall have received, or be approved to receive, a loan under one or more of the following designated loan programs: (A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071 et seq.). (B) The Federal Direct Loan Program. (C) Any loan program approved by the commission. (5) (A) The applicant shall have agreed to teach nursing on a full-time basis at one or more regionally accredited California colleges or universities for at least three years, or on a part-time basis for the equivalent of three full-time academic years, commencing not more than 12 months after obtaining an academic degree, unless the applicant, within 12 months after obtaining the academic degree, enrolls in an academic degree program leading to a more advanced degree in nursing or a field related to nursing. (B) A participant who possesses a baccalaureate or graduate degree at the time of application to the program shall agree to teach nursing on a full-time or part-time basis commencing not more than 12 months after receiving a loan assumption award. (6) An applicant who teaches on less than a full-time basis may participate in the program, but is not eligible for loan repayment until that person teaches for the equivalent of a full-time academic year. (d) A person participating in the program pursuant to this section shall not receive more than one loan assumption agreement, and shall not be eligible to receive a grant pursuant to Article 3.51 (commencing with Section 78260) of Chapter 2 of Part 48. (Amended by Stats. 2009, Ch. 187, Sec. 5. (SB 511) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70102. Source version: id_d630ccd4-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. The commission shall commence loan assumption payments pursuant to this article upon verification that the participant has fulfilled all of the following: (a) The participant has received a baccalaureate degree or a graduate degree from an accredited, participating institution. (b) The participant has provided the equivalent of full-time nursing instruction at one or more regionally accredited California colleges or universities for one academic year or the equivalent. (c) The participant has met the requirements of the loan assumption agreement and all other conditions of this article. (Amended by Stats. 2008, Ch. 183, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70103. Source version: id_d6c9ff96-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. The terms of the loan assumptions granted under this article shall be as follows, subject to the specific terms of each loan assumption agreement: (a) After a program participant has completed one academic year, or the equivalent, of full-time teaching nursing studies at one or more regionally accredited, eligible California colleges or universities, pursuant to Section 70102, the commission shall assume up to eight thousand three hundred thirty-three dollars ($8,333) of the outstanding liability of the participant under one or more of the designated loan programs. (b) After the program participant has completed two consecutive academic years, or the equivalent, of full-time teaching at one or more regionally accredited California colleges or universities, pursuant to Section 70102, the commission shall assume up to an additional eight thousand three hundred thirty-three dollars ($8,333) of the outstanding liability of the participant under one or more of the designated loan programs, for a total loan assumption of up to sixteen thousand six hundred sixty-six dollars ($16,666). (c) After a program participant has completed three consecutive academic years, or the equivalent of full-time teaching, at one or more regionally accredited California colleges or universities, pursuant to Section 70102, the commission shall assume up to an additional eight thousand three hundred thirty-four dollars ($8,334) of the outstanding liability of the participant under one or more of the designated loan programs, for a total loan assumption of up to twenty-five thousand dollars ($25,000). (d) The commission may assume liability for loans received by the program participant to pay for the costs of obtaining the program participant’s undergraduate and graduate degrees. (e) The term of the loan assumption agreement shall be not more than 10 years from the date on which the agreement was executed by the program participant and the commission. (Amended by Stats. 2008, Ch. 183, Sec. 3. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70104. Source version: id_de5a9675-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. (a) Except as provided in subdivisions (b) and (c), if a program participant fails to complete a minimum of three academic years of teaching on a full-time basis or the equivalent on a part-time basis, as required by this article under the terms of the agreement pursuant to paragraph (5) of subdivision (c) of Section 70101, the loan assumption agreement is no longer effective and shall be deemed terminated, and the commission shall not make any further payments. The participant shall retain responsibility for any remaining loan obligations, but shall not be required to repay any loan payments previously made through this program. (b) Notwithstanding subdivision (a), if a program participant becomes unable to complete one of the three years of teaching service on a full-time basis, or the equivalent on a part-time basis, due to a serious illness, pregnancy, or other natural causes, or due to being called to military active duty status, the term of the loan assumption agreement shall be extended for a period not to exceed one academic year, unless extended by the commission on a case-by-case basis. The commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified in Section 70103 have been satisfied. (c) Notwithstanding subdivision (a), if a natural disaster prevents a program participant from completing one of the required years of teaching service due to the interruption of instruction at the employing regionally accredited California college or university, the term of the loan assumption agreement shall be extended for the period of time equal to the period from the interruption of instruction at the employing regionally accredited California college or university to the resumption of instruction. The commission shall make no further payments under the loan assumption agreement until the applicable teaching requirements specified in Section 70103 have been satisfied. (Amended by Stats. 2009, Ch. 187, Sec. 6. (SB 511) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70105. Source version: id_d7fc651a-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. (a) The commission shall accept nominations from accredited colleges and universities made pursuant to this article. (b) The commission shall choose from among those nominations of graduate students and applicants who have completed their baccalaureate or graduate degrees with outstanding student loans, based upon criteria that may include, but are not necessarily limited to, all of the following: (1) Grades at the undergraduate level in a subject field related to nursing. (2) Grades in the undergraduate program. (3) Aptitude for graduate work in the field of nursing. (4) General aptitude for graduate study. (5) Critical human resource needs. (c) The commission may develop additional criteria for the selection of award recipients consistent with the purposes of this article. (Amended by Stats. 2008, Ch. 183, Sec. 5. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70106. Source version: id_d893c31c-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. (a) The commission shall administer this article, and shall adopt rules and regulations for that purpose. The rules and regulations shall include, but need not be limited to, provisions regarding the period of time for which a loan assumption agreement shall remain valid and the development of projections for funding purposes. In developing these rules and regulations, the commission shall solicit the advice of representatives from postsecondary education institutions, the Office of Statewide Health Planning and Development, and the nursing community. (b) If this article is amended and the commission deems it necessary to adopt a rule or regulation to implement that amendment, the commission shall develop and adopt that rule or regulation no later than 12 months after the operative date of the statute that amends the article. (Amended by Stats. 2008, Ch. 183, Sec. 6. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70107. Source version: id_94e6a658-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. The commission shall work to develop a streamlined application process for participation in the program set forth in this article. (Added by renumbering Section 69616.7 by Stats. 2006, Ch. 837, Sec. 11. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70109. Source version: id_957aa8fc-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. Notwithstanding any other law, in any fiscal year, the commission shall award no more than the number of warrants that are authorized by the Governor and the Legislature in the annual Budget Act for that year for the assumption of loans pursuant to this article. (Added by renumbering Section 69616.9 by Stats. 2006, Ch. 837, Sec. 13. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 3. State Nursing Assumption Program of Loans for Education (SNAPLE) [70100 - 70110] ARTICLE 1. Nursing Faculty [70100 - 70110] SECTION 70110. Source version: id_95c4aa4e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=3.&article=1. It is the intent of the Legislature that, commencing with the 2006–07 fiscal year, funding necessary for the administration of the student loan assumption program implemented pursuant to this article shall be included within the annual budget of the commission. (Added by renumbering Section 69617 by Stats. 2006, Ch. 837, Sec. 14. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] SECTION 70115. Source version: id_61c9c4cf-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=4.&article= (a) There is hereby established the Child Savings Account Grant Program under the administration of the commission. (b) The commission shall implement and administer the Child Savings Account Grant Program to support local governments and nonprofit organizations that sponsor or collaborate on one or more comprehensive citywide or regional child savings account programs. (Added by Stats. 2019, Ch. 53, Sec. 18. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] SECTION 70115.1. Source version: id_61c9ebe1-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=4.&article= (a) Subject to an appropriation in the Budget Act, the commission shall distribute grants to qualifying entities based on how many of them are eligible to receive a grant pursuant to subdivisions (b) to (d), inclusive, the amount of available funding under the Child Savings Account Grant Program to award grants, the number of students that each participating entity intends to serve under the program, and the percentage of low-income families residing in the community served by each participating entity. The amount of each grant award to a participating entity shall be, at a minimum, one hundred thousand dollars ($100,000). Funds appropriated in the Budget Act of 2019 for this purpose shall be available for encumbrance or expenditure by the commission until June 30, 2022. (b) (1) The commission shall award a grant to a qualifying entity for one of the following purposes: (A) For funding to initiate a new local child savings account program. (B) For funding to expand an existing local child savings account program. (2) Up to 74 percent of any appropriation to support the Child Savings Account Grant Program shall be expended pursuant to subparagraph (A) of paragraph (1). (3) A minimum of 24 percent of any appropriation to support the Child Savings Account Grant Program shall be expended pursuant to subparagraph (B) of paragraph (1). (4) Two percent of any appropriation to support the Child Savings Account Grant Program shall be used by the commission for outreach and administration of the program, to establish the Child Savings Account Grant Program Council pursuant to subdivision (d) of Section 70115.2, and to provide technical assistance to applicants pursuant to subdivision (b) of Section 70115.2. (c) (1) A qualifying entity seeking a grant pursuant to subparagraph (A) of paragraph (1) of subdivision (b) shall meet all of the following requirements to receive the grant: (A) Not have a local child savings account program in operation or under development. (B) Seek the grant to establish a local child savings account program that primarily targets children who are 0 to 10 years of age, inclusive. (C) Have or develop a plan to augment funding it receives under this chapter to provide continued financial support for its proposed program. (D) Indicate in its application that its proposed program has the capacity to enroll eligible children into the program or that the program has the ability to automatically enroll eligible children. (2) (A) The commission shall give grant priority to an applicant meeting the qualifications described in paragraph (1) based upon the following: (i) Higher percentages of students in the local program’s geographic region who are eligible to receive free or reduced-price meals. (ii) Lower average and median incomes of families living in the local program’s geographic region. (iii) Lower college-going rates for students in the local program’s geographic region. (iv) A higher amount of funding secured, or planned to be secured, through local budget commitments, philanthropy, or other funding sources. (v) Greater fiscal soundness of the applicant’s long-term plan to sustain its local program. (vi) A higher number of children who would have access to a college savings account under the local program. (vii) The extent to which the applicant has a more detailed and effective plan to inform local families about the importance of establishing a college savings account, provide local families with college savings fiscal literacy assistance, and establish a college-going culture. (B) The commission shall give grant priority to an applicant meeting the qualifications described in paragraph (1) that has a plan to invest a minimum of one hundred dollars ($100), through a combination of initial deposits and incentive payments, into each college savings account opened under the local program. (d) (1) A qualifying entity seeking a grant pursuant to subparagraph (B) of paragraph (1) of subdivision (b) shall meet all of the following requirements to receive the grant: (A) Have a local child savings account program in operation or under development that primarily targets children who are 0 to 10 years of age, inclusive. (B) Have moneys, in addition to grants received under this chapter, to support its program. (C) Indicate in its application that its program has the capacity to enroll eligible children into the program or that the program has the ability to automatically enroll eligible children. (2) (A) The commission shall give grant priority to an entity meeting the qualifications of paragraph (1) based upon the following: (i) Higher percentages of students in the local program’s geographic region who are eligible to receive free or reduced-price meals. (ii) Lower average and median incomes of families living in the local program’s geographic region. (iii) Lower college-going rates for students in the local program’s geographic region. (iv) A higher amount of funding secured through local budget commitments, philanthropy, or other funding sources. (v) A higher total amount of funds saved for the local program. (vi) A higher number of outreach events demonstrated by the applicant in its application to cultivate a college-going culture and encourage contributions to child savings accounts. (vii) Demonstrated ability to sustain and potentially expand its program. (B) The commission shall give grant priority to an applicant meeting the qualifications described in paragraph (1) that has a plan to invest a minimum of one hundred dollars ($100), through a combination of initial deposits and incentive payments, into each child savings account opened under the local program. (e) The commission shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the Child Savings Account Grant Program. (Added by Stats. 2019, Ch. 53, Sec. 18. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 5. GENERAL PROVISIONS [66000 - 70115.2] PART 42. STUDENT FINANCIAL AID PROGRAM [69400 - 70115.2] CHAPTER 4. Child Savings Account Grant Program [70115 - 70115.2] SECTION 70115.2. Source version: id_61c9ebe3-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=5.&part=42.&chapter=4.&article= (a) The commission shall use the majority of the 2 percent allocated for purposes of paragraph (4) of subdivision (b) of Section 70115.1 to provide outreach to potential grantees, to review, score, and select grantees, and to oversee and evaluate grant implementation. The commission shall give outreach priority to underrepresented regions of the state that are not already offering a local child savings account program. (b) The commission shall provide technical assistance to applicants that includes, but is not necessarily limited to, developing a toolkit for qualifying entities seeking to successfully launch a new local child savings account program, establishing a working group of grantees to share best practices, and assisting qualifying entities that are not offering a local child savings account program in developing an application to receive a grant. (c) The commission shall encourage potential applicants to use the technical assistance made available by the commission to develop their program plans. (d) (1) The Child Savings Account Grant Program Council is hereby established to advise the commission and grantees on topics that include, but are not necessarily limited to, all of the following: (A) The development of systems and infrastructure to facilitate the successful implementation and operation of local child savings account programs. (B) Outreach and coordination with local child savings account programs. (C) Incentives to assist in the development of sustainable and expandable local child savings account programs. (D) Strategies to minimize grantees’ administrative fees and to cap administrative costs to better ensure that local child savings account programs are of low or no cost to participants. (E) Contribution strategies, including recordkeeping and cash deposit strategies. (F) The development of strategies to address local child savings account program accessibility issues, such as language barriers, identification of eligible students, and banking access. (2) The Child Savings Account Grant Program Council may include representatives of the Governor’s office, the commission, successful local child savings account programs, experts in relevant fields such as taxation, savings, and outreach, and interested researchers. (Added by Stats. 2019, Ch. 53, Sec. 18. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] SECTION 70900. Source version: id_5c203cb4-8185-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=43.&chapter=&article= There is hereby created the California Community Colleges, a postsecondary education system consisting of community college districts heretofore and hereafter established pursuant to law and the Board of Governors of the California Community Colleges. The board of governors shall carry out the functions specified in Section 70901, local districts shall carry out the functions specified in Section 70902, and the California Online Community College shall carry out the functions specified in Section 75003. (Amended by Stats. 2018, Ch. 33, Sec. 15. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] SECTION 70900.5. Source version: id_fe0665a8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=43.&chapter=&article= This part shall be known, and may be cited, as the “Walter Stiern Act.” (Added by Stats. 1990, Ch. 1587, Sec. 7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] SECTION 70901. Source version: id_6a231ee6-8185-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=43.&chapter=&article= (a) The Board of Governors of the California Community Colleges shall provide leadership and direction in the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges. (b) Subject to, and in furtherance of, subdivision (a), and in consultation with community college districts and other interested parties as specified in subdivision (e), the board of governors shall provide general supervision over community college districts, and shall, in furtherance of those purposes, perform the following functions: (1) Establish minimum standards as required by law, including, but not limited to, the following: (A) Minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies. (B) Minimum standards for the employment of academic and administrative staff in community colleges. (C) Minimum standards for the formation of community colleges and districts. (D) Minimum standards for credit and noncredit classes. (E) Minimum standards governing procedures established by governing boards of community college districts to ensure faculty, staff, and students the right to participate effectively in district and college governance, and the opportunity to express their opinions at the campus level and to ensure that these opinions are given every reasonable consideration, and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. (2) Evaluate and issue annual reports on the fiscal and educational effectiveness of community college districts according to outcome measures cooperatively developed with those districts, and provide assistance when districts encounter severe management difficulties. (3) Conduct necessary systemwide research on community colleges, and provide appropriate information services, including, but not limited to, definitions for the purpose of uniform reporting, collection, compilation, and analysis of data for effective planning and coordination, and dissemination of information. (4) (A) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies. (B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status. (5) (A) Administer state support programs, both operational and capital outlay, and those federally supported programs for which the board of governors has responsibility pursuant to state or federal law. In so doing, the board of governors shall do the following: (i) (I) Annually prepare and adopt a proposed budget for the California Community Colleges. The proposed budget shall, at a minimum, identify the total revenue needs for serving educational needs within the mission, the amount to be expended for the state general apportionment, the amounts requested for various categorical programs established by law, the amounts requested for new programs and budget improvements, and the amount requested for systemwide administration. (II) The proposed budget for the California Community Colleges shall be submitted to the Department of Finance in accordance with established timelines for development of the annual Budget Bill. (ii) To the extent authorized by law, establish the method for determining and allocating the state general apportionment. (iii) Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes. (B) The board of governors may enter into a direct contract with the Academic Senate for the California Community Colleges for the purpose of supporting statewide initiatives, projects, and programs within the purview of the Academic Senate for the California Community Colleges. If the board of governors elects to enter into a direct contract with the Academic Senate for the California Community Colleges, the contract shall specify the objectives and the expected outcomes of the contract. (6) (A) Establish minimum conditions entitling districts to receive state aid for support of community colleges. In so doing, the board of governors shall establish and carry out a periodic review of each community college district to determine whether it has met the minimum conditions prescribed by the board of governors. (B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district. (7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services. (8) Facilitate articulation with other segments of higher education with secondary education. (9) Review and approve comprehensive plans for each community college district. The plans shall be submitted to the board of governors by the governing board of each community college district. (10) Review and approve all educational programs offered by community college districts and all courses that are not offered as part of an educational program approved by the board of governors. (11) Exercise general supervision over the formation of new community college districts and the reorganization of existing community college districts, including the approval or disapproval of plans therefor. (12) Notwithstanding any other provision of law, be solely responsible for establishing, maintaining, revising, and updating, as necessary, the uniform budgeting and accounting structures and procedures for the California Community Colleges. (13) Establish policies regarding interdistrict attendance of students. (14) Advise and assist governing boards of community college districts on the implementation and interpretation of state and federal laws affecting community colleges. (15) Contract for the procurement of goods and services, as necessary. (16) Carry out other functions as expressly provided by law. (c) Subject to, and in furtherance of, subdivision (a), the board of governors shall have full authority to adopt rules and regulations necessary and proper to execute the functions specified in this section as well as other functions that the board of governors is expressly authorized by statute to regulate. (d) Wherever in this section or any other statute a power is vested in the board of governors, the board of governors, by a majority vote, may adopt a rule delegating that power to the chancellor, or any officer, employee, or committee of the California Community Colleges, or community college district, as the board of governors may designate. However, the board of governors shall not delegate any power that is expressly made nondelegable by statute. Any rule delegating power shall prescribe the limits of delegation. (e) In performing the functions specified in this section, the board of governors shall establish and carry out a process for consultation with institutional representatives of community college districts so as to ensure their participation in the development and review of policy proposals. The consultation process shall also afford community college organizations, as well as interested individuals and parties, an opportunity to review and comment on proposed policy before it is adopted by the board of governors. (f) (1) The board of governors shall administer the online community college established pursuant to subdivision (a) of Section 75001. In its capacity as the governing board of the online community college, the board of governors shall carry out the functions specified in Section 75003. Members of the board of governors shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day he or she is attending to official business. (2) (A) The board of governors shall contract with a community college district board of trustees for purposes of establishing a separate collective bargaining agreement with employees of the online community college pursuant to the Educational Employment Relations Act established in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. The Chancellor of the California Community Colleges shall designate the contract community college district. Employees represented by the collective bargaining agreement established pursuant to this paragraph shall be recruited, recommended for hire, and assigned and directed by the chief executive officer of the online community college appointed pursuant to subdivision (d) of Section 75005. (B) Notwithstanding subdivision (d) of Section 75007, the contract entered into pursuant to subparagraph (A) shall be exempt from any provision of law relating to competitive bidding, and shall be exempt from the review or approval of any division of the Department of General Services. For only the contract, or contracts, applicable to subparagraph (A) the chancellor’s office shall also be exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (C) The chief executive officer of the online college or his or her designee shall participate in the collective bargaining process pursuant to subparagraph (A). (3) The chief executive officer of the online college shall clarify the identity of the employer of record for all staff of the online college. (Amended by Stats. 2018, Ch. 33, Sec. 16. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] SECTION 70901.1. Source version: id_f3fb3416-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=43.&chapter=&article= The Board of Governors of the California Community Colleges shall adopt regulations that permit the governing board of a community college district to allow applications for admission, student residency determination forms, and other documents to be submitted electronically. The regulations shall require that applicants and students be informed of the relative security of the information they submit electronically. (Amended by Stats. 2005, Ch. 654, Sec. 1. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] SECTION 70901.2. Source version: id_fe07ec4e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=43.&chapter=&article= (a) Notwithstanding any other provision of law, when a classified staff representative is to serve on a college or district task force, committee, or other governance group, the exclusive representative of classified employees of that college or district shall appoint the representative for the respective bargaining unit members. The exclusive representative of the classified employees and the local governing board may mutually agree to an alternative appointment process through a memorandum of understanding. A local governing board may consult with other organizations of classified employees on shared governance issues that are outside the scope of bargaining. These organizations shall not receive release time, rights, or representation on shared governance task forces, committees, or other governance groups exceeding that offered to the exclusive representative of classified employees. (b) A local governing board shall determine a process for the selection of a classified staff representative to serve on those task forces, committees, or other governance groups in a situation where no exclusive representative exists. (Added by Stats. 2001, Ch. 799, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] SECTION 70901.5. Source version: id_fe07ec50-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=43.&chapter=&article= (a) The board of governors shall establish procedures for the adoption of rules and regulations governing the California Community Colleges. Among other matters, the procedures shall implement the following requirements: (1) Written notice of a proposed action shall be provided to each community college district and to all other interested parties and individuals, including the educational policy and fiscal committees of the Legislature and the Department of Finance, at least 45 days in advance of adoption. The regulations shall become effective no earlier than 30 days after adoption. (2) The proposed regulations shall be accompanied by an estimate, prepared in accordance with instructions adopted by the Department of Finance, of the effect of the proposed regulations with regard to the costs or savings to any state agency, the cost of any state-mandated local program as governed by Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, any other costs or savings of local agencies, and the costs or savings in federal funding provided to state agencies. (3) The board of governors shall ensure that all proposed regulations of the board meet the standards of “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication,” as those terms are defined in Section 11349 of the Government Code. A district governing board or any other interested party may challenge any proposed regulatory action regarding the application of these standards. (4) Prior to the adoption of regulations, the board of governors shall consider and respond to all written and oral comments received during the comment period. (5) The effective date for a regulation shall be suspended if, within 30 days after adoption by the board of governors, at least two-thirds of all governing boards vote, in open session, to disapprove the regulation. With respect to any regulation so disapproved, the board of governors shall provide at least 45 additional days for review, comment, and hearing, including at least one hearing before the board itself. After the additional period of review, comment, and hearing, the board may do any of the following: (A) Reject or withdraw the regulation. (B) Substantially amend the regulation to address the concerns raised during the additional review period, and then adopt the revised regulation. The regulation shall be treated as a newly adopted regulation, and shall go into effect in accordance with those procedures. (C) Readopt the regulation as originally adopted, or with those nonsubstantive, technical amendments deemed necessary to clarify the intent of the original regulation. If the board of governors decides to readopt a regulation, with or without technical amendments, it shall also adopt a written declaration and determination regarding the specific state interests it has found necessary to protect by means of the specific language or requirements of the regulation. A readopted regulation may then be challenged pursuant to existing law in a court of competent jurisdiction, and shall not be subject to any further appeal within the California Community Colleges. (6) As to any regulation which the Department of Finance determines would create a state-mandated local program cost, the board of governors shall not adopt the regulation until the Department of Finance has certified to the board of governors and to the Legislature that a source of funds is available to reimburse that cost. (7) Any district or other interested party may propose a new regulation or challenge any existing regulation. (b) Except as expressly provided by this section, and except as provided by resolution of the board of governors, the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to regulations adopted by the board of governors. (Added by Stats. 1988, Ch. 973, Sec. 8. Operative January 1, 1990, by Sec. 71 of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 43. THE CALIFORNIA COMMUNITY COLLEGES [70900 - 70902] SECTION 70902. Source version: id_42ef0749-3188-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=43.&chapter=&article= (a) (1) Every community college district shall be under the control of a board of trustees, which is referred to herein as the “governing board.” The governing board of each community college district shall establish, maintain, operate, and govern one or more community colleges in accordance with law. In so doing, the governing board may initiate and carry on any program, activity, or may otherwise act in any manner that is not in conflict with or inconsistent with, or preempted by, any law and that is not in conflict with the purposes for which community college districts are established. (2) The governing board of each community college district shall establish rules and regulations not inconsistent with the regulations of the board of governors and the laws of this state for the government and operation of one or more community colleges in the district. (b) In furtherance of subdivision (a), the governing board of each community college district shall do all of the following: (1) Establish policies for, and approve, current and long-range academic and facilities plans and programs and promote orderly growth and development of the community colleges within the district. In so doing, the governing board shall, as required by law, establish policies for, develop, and approve, comprehensive plans. The governing board shall submit the comprehensive plans to the board of governors for review and approval. (2) Establish policies for and approve courses of instruction and educational programs. The educational programs shall be submitted to the board of governors for approval. Courses of instruction that are not offered in approved educational programs shall be submitted to the board of governors for approval. The governing board shall establish policies for, and approve, individual courses that are offered in approved educational programs, without referral to the board of governors. (3) Establish academic standards, probation and dismissal and readmission policies, and graduation requirements not inconsistent with the minimum standards adopted by the board of governors. (4) Employ and assign all personnel not inconsistent with the minimum standards adopted by the board of governors and establish employment practices, salaries, and benefits for all employees not inconsistent with the laws of this state. (5) To the extent authorized by law, determine and control the district’s operational and capital outlay budgets. The district governing board shall determine the need for elections for override tax levies and bond measures and request that those elections be called. (6) Manage and control district property. The governing board may contract for the procurement of goods and services as authorized by law. (7) Establish procedures that are consistent with minimum standards established by the board of governors to ensure faculty, staff, and students the opportunity to express their opinions at the campus level, to ensure that these opinions are given every reasonable consideration, to ensure the right to participate effectively in district and college governance, and to ensure the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards. (8) Establish rules and regulations governing student conduct. (9) Establish student fees as it is required to establish by law, and, in its discretion, fees as it is authorized to establish by law. (10) In its discretion, receive and administer gifts, grants, and scholarships. (11) Provide auxiliary services as deemed necessary to achieve the purposes of the community college. (12) Within the framework provided by law, determine the district’s academic calendar, including the holidays it will observe. (13) Hold and convey property for the use and benefit of the district. The governing board may acquire by eminent domain any property necessary to carry out the powers or functions of the district. (14) Participate in the consultation process established by the board of governors for the development and review of policy proposals. (c) In carrying out the powers and duties specified in subdivision (b) or other provisions of statute, the governing board of each community college district shall have full authority to adopt rules and regulations, not inconsistent with the regulations of the board of governors and the laws of this state, that are necessary and proper to executing these prescribed functions. (d) Wherever in this section or any other statute a power is vested in the governing board, the governing board of a community college district, by majority vote, may adopt a rule delegating the power to the district’s chief executive officer or any other employee or committee as the governing board may designate. However, the governing board shall not delegate any power that is expressly made nondelegable by statute. Any rule delegating authority shall prescribe the limits of the delegation. (e) This section shall become operative on January 1, 2014. (Amended (as added by Stats. 2006, Ch. 817, Sec. 5) by Stats. 2011, Ch. 112, Sec. 4. (AB 1029) Effective January 1, 2012. Section operative January 1, 2014, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 1. Composition and Organization [71000 - 71004] SECTION 71000. Source version: id_1f423165-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=1. There is in the state government a Board of Governors of the California Community Colleges, consisting of 18 voting members, as follows: (a) Twelve members, each appointed by the Governor with the advice and consent of two-thirds of the membership of the Senate to six-year staggered terms. Two of these members shall be current or former elected members of local community college district governing boards. (b) (1) (A) Two voting student members. Each student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivisions (a) and (c). (B) A student member shall be enrolled in a community college with a minimum of five semester units, or its equivalent, at the time of the appointment and throughout the period of the student member’s term, or until a replacement has been named. A student member shall be enrolled in a community college at least one semester before the student member’s appointment, and shall meet and maintain the minimum standards of scholarship prescribed for community college students. (C) Each student member shall be appointed by the Governor from a list of names of at least three eligible persons submitted to the Governor by the student organization recognized by the board of governors. (2) The term of office of one student member of the board shall commence on July 1 of an even-numbered year, and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year, and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from the student member’s college on or after January 1 of the second year of the student member’s term of office may serve the remainder of the term. (c) Two voting tenured faculty members from a community college, who shall be appointed by the Governor for two-year terms. The Governor shall appoint each faculty member from a list of names of at least three eligible persons furnished by the Academic Senate of the California Community Colleges. Each seat designated as a tenured faculty member seat shall be filled by a tenured faculty member from a community college pursuant to this section and Section 71003. (d) One voting classified employee, who shall be appointed by the Governor for a two-year term. The Governor shall appoint the classified employee member from a list of at least three eligible persons furnished by the exclusive representatives of classified employees of the California Community Colleges. (e) The Lieutenant Governor, who shall be a voting member. (Amended by Stats. 2021, Ch. 23, Sec. 1. (AB 337) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 1. Composition and Organization [71000 - 71004] SECTION 71001. Source version: id_fe0af99c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=1. (a) Except for the student member and the faculty members, the terms of office of the members of the board appointed by the Governor shall be as follows: (1) To the terms expiring on January 15, 1990, the Governor shall appoint one person whose term shall expire on January 15, 1994; one current or former trustee whose term shall expire on January 15, 1996; and one other person whose term shall expire on January 15, 1996. (2) To the terms expiring on January 15, 1991, the Governor shall appoint two persons whose terms shall expire on January 15, 1995; and two persons whose terms shall expire on January 15, 1997. (3) To the terms expiring on January 15, 1992, the Governor shall appoint one person whose term shall expire on January 15, 1998; one current or former trustee whose term shall expire on January 15, 1998; and one person whose term shall expire on January 15, 1994. (4) To the terms expiring on January 15, 1993, the Governor shall appoint three persons whose terms shall expire on January 15, 1999. (5) Commencing January 15, 1993, all terms of office of the members of the board, except the terms of the student member and the faculty members appointed by the Governor, shall be six years. (b) Each term of office shall commence at the expiration of the preceding term. (c) A member whose term has expired may, in accordance with Section 1770 to 1780, inclusive, of the Government Code, continue to discharge the duties of the office until his or her successor is appointed by the Governor. (Repealed and added by Stats. 1989, Ch. 1071, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 1. Composition and Organization [71000 - 71004] SECTION 71002. Source version: id_9fa67648-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=1. (a) Members of the board shall be selected from outstanding lay citizens of California who have a strong interest in the further development and improvement of the California Community Colleges. (b) Members of the board, to the greatest extent possible, should be inclusive and representative of the many demographic groups found in California, and the board should reflect diversity of race and gender, and should include, among others, disabled persons and veterans. In furtherance of the mission of the California Community Colleges, a member of the board should embrace the basic role and responsibility of a member of the board to bring his or her own best thinking and personal views to the board’s discussion, determining his or her own position on each issue rather than being bound to represent or advocate for the positions of a particular organization or constituency. (Amended by Stats. 2014, Ch. 496, Sec. 1. (AB 1557) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 1. Composition and Organization [71000 - 71004] SECTION 71003. Source version: id_fe0af9a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=1. (a) Except for the student members, the faculty members, and the classified employee member appointed by the Governor, any vacancy in an appointed position on the board shall be filled by appointment by the Governor, subject to confirmation by two-thirds of the membership of the Senate. A vacancy in the office of a student member, a faculty member, or the classified employee member shall be filled by appointment by the Governor. (b) The appointee to fill a vacancy shall hold office only for the balance of the unexpired term. (Amended by Stats. 2003, Ch. 860, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 1. Composition and Organization [71000 - 71004] SECTION 71004. Source version: id_65abc173-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=1. (a) Members of the board shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day the member is attending to official business. The headquarters of the board and the chief executive officer shall be in Sacramento. (b) The office of the Chancellor of the California Community Colleges shall allocate, from funds appropriated for this purpose pursuant to Item 6870-001-0001 of Section 2.00 of the annual Budget Act, four thousand dollars ($4,000) in financial assistance to a student member of the board, as described in subdivision (b) of Section 71000, for each semester, or quarterly equivalent, of each year the student is a student member on the board. This financial assistance shall be in addition to any need-based financial assistance and any private grants and scholarships received by the student. (Amended by Stats. 2023, Ch. 50, Sec. 10. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71020.5. Source version: id_fe0c8048-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. (a) It is the intent of the Legislature in enacting this section to foster the creation, implementation, and phase-in of a comprehensive community college accountability system that describes the performance of community colleges in meeting the postsecondary educational needs of students. This educational and fiscal accountability system shall provide performance data on students, programs, and institutions. It is further the intent of the Legislature that this accountability system assist all participants in the community college system, including students, faculty, staff, administrators, local governing boards, the chancellor, the state board of governors, the public, and other interested constituencies, in identifying the educational and fiscal strengths and weaknesses of colleges in order to improve educational quality in community colleges. (b) The board of governors shall develop and implement a comprehensive community college educational and fiscal accountability system. In developing and implementing this system, the board of governors shall solicit consultation from institutional and organizational representatives of the California Community Colleges, including statewide faculty and staff organizations. At a minimum, the system shall do all of the following: (1) Be consistent with the Legislature’s intent as expressed in this act, Chapter 136 of the Statutes of 1987, and Chapter 1465 of the Statutes of 1986. (2) Draw from, and build upon, the system proposed in the report entitled “AB 3409 Community College Accountability Report,” prepared pursuant to Chapter 1465 of the Statutes of 1986. (3) Be designed to promote student success in community colleges. (4) Define and measure, quantitatively and qualitatively, accountability information, including all of the following: (A) Student access to community colleges. (B) The extent to which the community college student body reflects proportionately the adult population of the state. (C) Student transfer rates and programs. (D) Academic standards and student achievement. (E) Student goal satisfaction and success in courses and programs. (F) Completion rates of courses and programs. (G) Occupational preparation relative to state and local work force needs and for entry-level employment, occupational advancement, and career changes of students. (H) Adequacy of basic skills and English as a second language courses and instruction in preparing students to succeed in collegiate level work. (I) Adequacy of, and student satisfaction with, student services. (J) The extent to which the community college work force reflects proportionately the adult population of the state. (K) Fiscal conditions of community college districts. (5) Be designed to streamline the use of multiple performance measures from appropriate sources of data, including, but not limited to, matriculation evaluations, categorical program evaluations, the community college management information system, and other existing data collection and evaluation systems. (6) Provide feedback to individual colleges in order to improve access to community colleges, student performance, and educational programs where needed. (7) Produce a published report of community college accountability. (c) The Legislature finds and declares that successful implementation of a comprehensive educational and fiscal accountability system is, in part, dependent upon an adequate data collection and reporting system. The accountability system developed and implemented pursuant to this section shall be phased in, to the extent necessary, with the funding and local implementation of the community college management information system. (Amended by Stats. 1995, Ch. 758, Sec. 80. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71021. Source version: id_fe0e06ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. All official acts of the board shall require the affirmative vote of a majority of the board, as determined by the policies of the board. The vote of all members shall be recorded. (Amended by Stats. 1989, Ch. 1071, Sec. 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71022. Source version: id_fe0e06ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. All meetings of the board shall be open and public except as otherwise provided. The board may hold executive sessions closed to the public to consider the employment of any person, or the dismissal or other form of disciplinary action to be taken against any officer or employee under the jurisdiction of the board, except where that person, officer, or employee requests a public hearing. The employment status of the Chancellor of the California Community Colleges is subject to this authority of the board. The board may exclude from that meeting, whether public or closed to the public, during the examination of a witness, any or all other witnesses in the matter being investigated. (Amended by Stats. 1986, Ch. 1123, Sec. 10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71024. Source version: id_fe0e06ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. The Board of Governors of the California Community Colleges has the duties, powers, purposes, responsibilities, and jurisdiction heretofore vested in the State Board of Education, Superintendent of Public Instruction, the Department of Education, and the Director of Education with respect to the management, administration, and control of the community colleges. Whenever in any law other than a provision of the Education Code, enacted prior to January 1, 1977, relating to the management, administration and control of the community colleges reference is made to the State Board of Education, Superintendent of Public Instruction, the Department of Education, or the Director of Education, such reference shall be deemed to mean the Board of Governors of the California Community Colleges. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71025. Source version: id_fe0e06f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. (a) The name “California Community Colleges” is the property of the state. No person shall, without permission of the Board of Governors of the California Community Colleges, use this name, or any abbreviation of it, or any name of which these words are a part in any of the following ways: (1) To designate any business, social, political, religious, or other organization, including but not limited to, any corporation, firm, partnership, association, group, activity or enterprise. (2) To imply, indicate or otherwise suggest that any organization, or any product or service of that organization, is connected or affiliated with, or is endorsed, favored or supported by, or is opposed by one or more California Community Colleges, the Board of Governors of the California Community Colleges, or the office of the Chancellor of the California Community Colleges. (3) To display, advertise, or announce these names publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity or program. The provisions of this section shall not preclude the use of the name “California Community Colleges” by any person or organization otherwise subject to this section using the name immediately prior to March 4, 1972. (b) Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional or other employment whatsoever. (c) Every person violating provisions of this section is guilty of a misdemeanor. (Added by Stats. 1990, Ch. 1372, Sec. 266.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71027. Source version: id_5a3ce498-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. (a) The Board of Governors of the California Community Colleges shall develop, maintain, and disseminate a general common course numbering system for use by the community college districts. (b) The office of the Chancellor of the California Community Colleges shall absorb the costs of developing, maintaining, and disseminating a general common course numbering system pursuant to this section within the office’s existing resources. (Amended by Stats. 2004, Ch. 193, Sec. 13. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71028. Source version: id_fe0e06f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. The board of governors shall adopt regulations to ensure that the California Community Colleges, as a system, establish and apply the statewide participation goals for contracting with minority business enterprises and women business enterprises specified in Section 10115 of the Public Contract Code. The statewide participation goal for the California Community Colleges shall be based upon the total dollar amount of contracts awarded, with not less than 15 percent being awarded to minority business enterprises, and not less than 5 percent being awarded to women business enterprises. The regulations adopted by the board of governors shall be adapted from and consistent with the provisions of Article 1.5 (commencing with Section 10115) of Chapter 1 of Part 1 of the Public Contract Code. (Amended by Stats. 2001, Ch. 745, Sec. 36. Effective October 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71029. Source version: id_fe0f8d96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. It is the intent of the Legislature that the Board of Governors of the California Community Colleges, in cooperation with the Trustees of the California State University and Colleges and the Regents of the University of California, may support existing and additional programs which provide postsecondary educational opportunities and services for prison inmates, wards, and parolees of the Department of Corrections and the Department of the Youth Authority. The board of governors may support programs developed and operated cooperatively by at least one correctional institution and a two- or four-year college. Priority shall be given to programs linking more than two correctional institutions, educational agencies, parolee programs, community agencies, and potential employers. The board of governors may support existing programs and additional demonstration projects which have one or more of the following components: (a) Academic and vocational instructional programs at the postsecondary educational level offered inside state prisons, county jails, or Department of the Youth Authority institutions. (b) Information, counseling, and tutoring services for inmates, wards, and ex-offenders presently enrolled or interested in a postsecondary educational program. (c) Courses for inmates and wards which also serve prison personnel and college students who are not incarcerated. (d) Cooperative efforts linking postsecondary education programs with potential employers of ex-offenders. (e) Research on alternative methods of assessing academic abilities of inmates and alternative ways of making available education to inmates and ex-offenders. (Added by Stats. 1981, Ch. 470, Sec. 40.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71030. Source version: id_9493b8f9-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. On or before July 31, 2019, the Chancellor of the California Community Colleges shall revise the California community college online application process so that only data that is required by the federal government or state law, or that is otherwise necessary, as determined by the chancellor, is collected during the process. To the extent that data can be collected from the student at a later time, the chancellor may delay the collection of that data until after the student has applied to a community college. (Amended by Stats. 2019, Ch. 497, Sec. 83. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71040. Source version: id_f4422828-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. The board of governors may allow actual and necessary travel expenses to community college students, faculty, staff, or other community college officials or employees who serve on study teams, task forces, or similar groups formed by the board of governors or by the chancellor’s office and who, in these capacities, attend meetings of any association, organization, or agency that has as its principal purpose the study of matters pertinent to education or to a particular field or fields of education relevant to community colleges. (Amended by Stats. 2005, Ch. 654, Sec. 2. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71046. Source version: id_fe0f8d9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. The Board of Governors of the California Community Colleges may accept on behalf of, and in the name of, the state gifts, donations, bequests, and devises that may be made to the board of governors, or to any school or other institution under the jurisdiction of the board of governors whenever the gift, donation, bequest, or devise and the terms and conditions thereof, will aid the Board of Governors of the California Community Colleges in carrying out its primary functions, as specified in Sections 70900 to 70902, inclusive. Gifts, donations, bequests, and devises may be made subject to the conditions or restrictions as the board of governors may deem advisable. (Amended by Stats. 1990, Ch. 1372, Sec. 275.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71049. Source version: id_fe0f8d9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. For the purposes of Government Code Section 11032, the following constitute, among other proper purposes of like or different character, state business for officers and employees of the board of governors and the chancellor’s office for which the officers and employees shall be allowed actual and necessary traveling expenses: (a) Attending meetings of any national association or organization having as its principal purpose the study of matters relating to education or to a particular field or fields of education, or any agency of such association. (b) Conferring with officers or employees of the United States, or appearing before committees of either house of the Congress of the United States, relative to problems relating to education in California. (c) Conferring with officers or employees of other states engaged in the performance of similar duties. (d) Obtaining information useful to the agency in the conduct of its work. When traveling is outside the state, traveling and expense shall be approved by the Governor and Director of Finance as provided in Government Code Section 11032. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71050. Source version: id_fe0f8d9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. The Board of Governors of the California Community Colleges shall survey local community college districts to determine the level and type of services needed and available for welfare recipients pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code. The Board of Governors of the California Community Colleges shall develop a plan and standards for the level of participation by community college districts required to meet the goal of providing open entry/open exit education, skills training, assessment, and counseling to these recipients. The plan shall provide for local in-service training and technical assistance to community college districts in development of contracts and programs in cooperation with county welfare agencies, service delivery areas under the Job Training Partnership Act, and others necessary to carry out the intent of that article. The plan shall also provide for the identification of necessary funding levels and sources of funding, including employer-based training and funds available under Section 202(b)(1) of the Job Training Partnership Act, to meet the goals of Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and the development and implementation of monitoring and reporting tools for the continued participation of community college districts in the provision of services under contracts required by that article. (Amended by Stats. 1990, Ch. 1372, Sec. 279.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 2. Powers and Duties [71020.5 - 71051] SECTION 71051. Source version: id_5ac3eeea-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=2. (a) The board of governors shall develop a process for the approval and funding of new collaborative facilities projects that are proposed by community college districts. (b) The board of governors shall not implement subdivision (a) without statutory authorization. (Amended by Stats. 2004, Ch. 193, Sec. 14. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 3. Office of Chancellor [71090 - 71095] SECTION 71090. Source version: id_fe111444-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=3. (a) The board shall appoint a chief executive officer, to be known as the Chancellor of the California Community Colleges, and fix his or her compensation. (b) The chancellor shall execute the duties and responsibilities as may be delegated to him or her by the board. Whenever in this code a power is vested in the board, the board, by a majority vote, may adopt a rule delegating that power to the chancellor or any officer, employee, or committee as the board may designate. The rule shall prescribe the limits of the delegation. (Amended by Stats. 1990, Ch. 1372, Sec. 281.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 3. Office of Chancellor [71090 - 71095] SECTION 71090.5. Source version: id_fe111446-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=3. In addition to the position authorized by subdivision (e) of Section 4 of Article VII of the California Constitution, the Governor, with the recommendation of the board of governors, shall appoint up to six deputy and vice chancellors, who shall be exempt from state civil service. The appointments shall not exceed an aggregate total of six, for both the positions of deputy and vice chancellor. (Amended by Stats. 1995, Ch. 758, Sec. 81. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 3. Office of Chancellor [71090 - 71095] SECTION 71092. Source version: id_fe111448-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=3. (a) The board of governors shall employ and fix the compensation, in accordance with law, of assistants, clerical, and other employees as it deems necessary for the effective conduct of the work of the board and the chancellor’s office. (b) Notwithstanding Section 19849.5 of the Government Code, the Board of Governors of the California Community Colleges shall designate the headquarters for each of its employees, except as provided in Section 71004. (Amended by Stats. 1998, Ch. 954, Sec. 14. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 3. Office of Chancellor [71090 - 71095] SECTION 71093. Source version: id_f53683d1-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=3. Notwithstanding any other law: (a) The board of governors may authorize the chancellor to suspend the authority of the Board of Trustees of the Compton Community College District, or of any of the members of that board, to exercise any powers or responsibilities or to take any official actions with respect to the management of the district, including any of the district’s assets, contracts, expenditures, facilities, funds, personnel, or property. The board of governors may authorize suspension for a period up to five years from the effective date of Assembly Bill 318 of the 2005–06 Regular Session, plus a period lasting until the chancellor, the Fiscal Crisis and Management Assistance Team, the Director of Finance, and the Governor concur with the special trustee that the district has, for two consecutive academic years, met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to Section 41329.59. (b) A suspension authorized by this section becomes effective immediately upon the delivery of a document to the administrative offices of the Compton Community College District that sets forth the finding of the chancellor that a suspension pursuant to this section is necessary for the establishment of fiscal integrity and security in that district. (c) (1) If and when the chancellor suspends the authority of the Board of Trustees of the Compton Community College District or any of its members pursuant to this section, the chancellor may appoint a special trustee as provided in paragraph (3) of subdivision (c) of Section 84040, at district expense, to manage the district. The chancellor is authorized to assume, and delegate to the special trustee, those powers and duties of the Board of Trustees of the Compton Community College District that the chancellor determines, with the approval of the board of governors, are necessary for the management of that district. The Board of Trustees of the Compton Community College District may not exercise any of the duties or powers assumed by the chancellor under this section. (2) The chancellor may appoint as a special trustee under this section a person who has served in a similar capacity. A special trustee appointed under this section shall serve at the pleasure of the chancellor. (3) Notwithstanding any other law, in order to facilitate the appointment of the special trustee, the chancellor is exempt, for purposes of this section, from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (d) (1) Notwithstanding any other law, at any time that this section is in effect, the chancellor is authorized to assume, and delegate to the special trustee, those powers and duties of the Compton Community College District Personnel Commission that the chancellor determines are necessary for the management of the personnel functions of the Compton Community College District. The personnel commission may not exercise any of the powers or duties assumed by the chancellor. (2) (A) If and when the suspension of the authority of the Board of Trustees of the Compton Community College District has ended pursuant to subdivision (a), the board of trustees shall assume those powers and duties of the Compton Community College District Personnel Commission that the board of trustees determines are necessary for the management of the personnel functions of the Compton Community College District. The personnel commission shall not exercise any of the powers or duties assumed by the board of trustees. (B) Subparagraph (A) shall remain in effect until one calendar year after the Compton Community College District has repaid to the state the emergency apportionment funding pursuant to Section 41329.58. (C) Beginning one calendar year after the Compton Community College District has made its final payment to the state for the emergency apportionment funding pursuant to Section 41329.58, the Compton Community College District Personnel Commission shall be reinstated to exercise the powers and duties necessary for the management of the personnel functions of the Compton Community College District. (3) (A) Beginning in the year in which the Compton Community College District has repaid the emergency apportionment pursuant to Section 41329.58, the Board of Trustees of the Compton Community College District shall establish the Compton Community College District Personnel Commission in an advisory capacity. Members of the personnel commission shall be appointed pursuant to subparagraph (B). The personnel commission shall advise the board of trustees on the powers and duties assumed by the board of trustees pursuant to subparagraph (A) of paragraph (2). (B) One member of the Compton Community College District Personnel Commission shall be appointed by the Board of Trustees of the Compton Community College District. One member of the personnel commission shall be nominated by the classified employees of the Compton Community College District and appointed by the board of trustees. Those two members shall, in turn, appoint the third member of the personnel commission. (C) As used in this section, “classified employees” means an exclusive representative that represents the largest number of noncertificated employees in a unit or units within the Compton Community College District. If there is no exclusive representative within the district, the board of trustees shall, by written rule, prescribe the method by which the recommendation is to be made by the district’s classified employees. (4) On or before September 15 the year after the Board of Trustees of the Compton Community College District establishes the Compton Community College District Personnel Commission in an advisory capacity pursuant to paragraph (3), the personnel commission shall provide a report of duties fulfilled in its advisory role to the board of trustees and shall make the report available to the public on the internet website of the Compton Community College District. (5) Beginning on or before September 15, 2023, and annually thereafter, the Compton Community College District shall provide to the Department of Finance, the Assembly Budget Subcommittee on Education Finance, and the Senate Budget Subcommittee on Education an update on its repayment of the emergency apportionment funding pursuant to Section 41329.58. The update shall include the principal loan balance, annual loan payment, and the loan repayment schedule. (e) Notwithstanding any other law, if the special trustee has been a member of the State Teachers’ Retirement System or the Public Employees’ Retirement System at any time before appointment, the special trustee shall, for the period of service as special trustee, be a member of the system to which the special trustee belonged, unless the special trustee elects, in writing, not to be a member. If the special trustee chooses to be a member, the special trustee shall be placed on the payroll of the district, or the payroll of another local educational agency or other entity that the district has an exchange agreement with pursuant to Section 87422 or other applicable laws, for the purpose of providing appropriate contributions to the applicable retirement system. (f) The special trustee appointed pursuant to this section is authorized to do all of the following: (1) Implement substantial changes in the fiscal policies and practices of the Compton Community College District. (2) Revise the academic program of the Compton Community College District to reflect realistic income projections in response to the dramatic effect of the changes in fiscal policies and practices upon program quality. (3) Encourage all members of the college community to accept a fair share of the burden of the full recovery of the Compton Community College District in the five operational areas of finance, academics, personnel, facilities, and governance. (4) Enter into agreements on behalf of the Compton Community College District and, subject to any contractual and statutory obligation of the Compton Community College District, change any existing district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plan. Any agreement authorized by this section shall be binding upon the district for the term of the agreement, notwithstanding the removal of the special trustee for any reason or the reinstatement of any powers or responsibilities of the board of trustees. No agreement authorized by this paragraph shall materially impair the security and other interests of the holders of any bonds issued pursuant to Article 9 (commencing with Section 63049.67) of Chapter 2 of Division 1 of Title 6.7 of the Government Code. (5) Appoint an advisory committee to advise the special trustee with respect to the management of the Compton Community College District and the establishment and implementation of the arrangements for provision of services by a partner district pursuant to Article 5 (commencing with Section 74292) of Chapter 5 of Part 46. This advisory committee may include residents of the communities served by the Compton Community College District, and any outside experts deemed appropriate by the special trustee. No member of the advisory committee shall receive any compensation or benefits for their services as a member of the advisory committee. (g) In the event of a vacancy in the special trustee position, the chancellor shall temporarily assume all of the powers and duties of the special trustee until another special trustee can be appointed pursuant to this section. (Amended by Stats. 2023, Ch. 131, Sec. 47. (AB 1754) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 3. Office of Chancellor [71090 - 71095] SECTION 71094. Source version: id_fe129aec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=3. The chancellor’s office may contract with community college districts for the performance of administrative services necessary to implement Section 12419.7 of the Government Code. The chancellor’s office may charge the districts for the costs of those administrative services. (Added by Stats. 1982, Ch. 937, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 3. Office of Chancellor [71090 - 71095] SECTION 71094.5. Source version: id_d8f56fa0-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=3. (a) (1) The Chancellor of the California Community Colleges may implement a data request fee policy for researchers applying for access to individually identifiable data, student data, or both. (2) A data request fee policy implemented pursuant to this section shall adhere to both of the following requirements: (A) Be reviewed and approved by the Board of Governors of the California Community Colleges, revised periodically, and made publicly available and posted in a prominent location on the chancellor’s internet website. (B) Comply with applicable federal and state laws to protect individual privacy, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and Section 1798.24 of the Civil Code. (b) Fees or charges imposed upon an applicant pursuant to this section shall compensate for significant data compilation, extraction, or programming use of the data system by the office of the Chancellor of the California Community Colleges to recover costs that would otherwise typically be borne by the requesting data researcher, the chancellor’s office, or both. (c) Fees or charges shall not be imposed pursuant to this section upon any of the following: (1) A state agency, except for fees or charges related to the release of data for research purposes to the University of California, the California State University, or the State Department of Education. (2) An undergraduate or graduate student seeking data for the student’s individual studies. (3) A community college faculty member seeking data for the faculty member’s individual research. (Added by Stats. 2025, Ch. 753, Sec. 1. (SB 391) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 44. BOARD OF GOVERNORS [71000 - 71095] CHAPTER 1. Board of Governors [71000 - 71095] ARTICLE 3. Office of Chancellor [71090 - 71095] SECTION 71095. Source version: id_2f5a5115-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=44.&chapter=1.&article=3. (a) The chancellor’s office, in consultation with the Office of Emergency Services, shall develop emergency preparedness standards and guidelines to assist community college districts and campuses in the event of a natural disaster, hazardous condition, or terrorist activity on or around a community college campus. (b) The standards and guidelines shall be developed in accordance with the Standardized Emergency Management System and the National Incident Management System, and shall be reviewed by the Office of Emergency Services in a manner that is consistent with existing policy. In developing the standards and guidelines, the chancellor’s office shall consider including all of the following: (1) Information on establishing a campus emergency management team. (2) Provisions regarding overview training for every employee within one year of commencement of employment. (3) Information on specialized training for employees who may be designated as part of an emergency management team. (4) Information on preparedness, prevention, response, recovery, and mitigation policies and procedures. (5) Information on coordinating with the appropriate local, state, and federal government authorities, and nongovernmental entities on comprehensive emergency management and preparedness activities. (6) A response plan for an active shooter on or around a community college campus. (c) On or before January 1, 2017, and on or before January 1 every five years thereafter, the chancellor’s office shall review and update, as necessary, the standards and guidelines developed pursuant to this section. (Amended by Stats. 2015, Ch. 83, Sec. 1. (AB 767) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 1. Naming [72000- 72000.] SECTION 72000. Source version: id_fe142194-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=1. (a) The district and its governing board may sue and be sued, and shall act in accordance with Section 70902. (b) The district name shall be adopted and changed as follows: (1) The first governing board of any new community college district shall, at the first meeting of the board or as soon as practicable thereafter, name the district. The district shall be designated as the “____ Community College District.” (2) The governing board of a community college district may, by resolution, change the name of the district or of any of the community colleges maintained by the district. However, the name shall continue to contain the words “Community College District” or “Community College,” as appropriate. (3) Whenever a petition is presented to the governing board of a community college district, signed by at least 15 qualified electors of any community college district, asking that the name of the district, be changed, the governing board shall, at its next regular meeting, designate a day upon which it will conduct a hearing and act upon the petition, which hearing shall not be less than 10 days nor more than 40 days after that regular meeting. The clerk of the governing board shall give notice to all interested parties by sending a notice of the time for the hearing of the petition. Notices shall be mailed at least 10 days before the day set for the hearing. At the hearing the board shall by resolution either grant or deny the petition, and if the petition is granted, the clerk shall notify the Board of Governors of the California Community Colleges of the change of the name of the district or of any community college maintained by the district. (4) The name “____ Community College District” and the names of community colleges maintained by the district are the property of the district. No person shall, without permission of the board, use these names, or any abbreviation of them, or any name of which these words are a part in any of the following ways: (A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity or enterprise. (B) To imply, indicate or otherwise suggest that any organization, or any product or service of the organization is connected or affiliated with, or is endorsed, favored or supported by, or is opposed by one or more California community colleges, the Board of Governors of the California Community Colleges, or the office of the Chancellor of the California Community Colleges. (C) To display, advertise, or announce these names publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity or program. (D) The provisions of this section shall not preclude the use of the name “____ Community College” or “____ Community College District” by any person or organization otherwise subject to this section using the name immediately prior to the effective date of this section, so long as the name is not used in additional, different ways. (E) Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional or other employment whatsoever. (5) Any reference to junior colleges or junior college districts in any law shall be deemed to refer to community colleges and community college districts, respectively. (c) Meetings of the governing board shall be held as follows: (1) Within 20 days after the appointment of the community college board provided for by Section 72023, the board of governors shall call an initial organizational meeting of the board by giving at least 10 days’ notice by registered mail to each member, for the purposes of organizing the community college board. At the initial organizational meeting the community college board shall organize by electing a president from its members and a secretary, and may transact any other business relating to the affairs of the community college district. (2) (A) The governing board of each community college district shall hold an annual organizational meeting. In a year in which a regular election for governing board members is conducted, the meeting shall be held on a day within a 15-day period that commences with the date upon which a governing board member elected at that election takes office. Organizational meetings in years in which no regular election for governing board members is conducted shall be held during the same 15-day period on the calendar. Unless otherwise provided by rule of the governing board, the day and time of the annual meeting shall be selected by the board at its regular meeting held immediately prior to the first day of such 15-day period, and the board shall notify the county superintendent of schools of the day and time selected. The secretary of the board shall, within 15 days prior to the date of the annual meeting, notify in writing all members and members-elect of the date and time selected for the meeting. (B) If the board fails to select a day and time for the meeting, the county superintendent of schools having jurisdiction over the district shall, prior to the first day of such 15-day period and after the regular meeting of the board held immediately prior to the first day of the 15-day period, designate the day and time of the annual meeting. The day designated shall be within the 15-day period. He or she shall notify in writing all members and members-elect of the date and time. (C) At the annual meeting, the governing board of the community college district shall organize by electing a president, from its members, and a secretary. (3) As an alternative to the procedures set forth in paragraph (2), in a community college district the boundaries of which are coterminous with the boundaries of a city and county, the governing board members of which district are elected in accordance with a city and county charter, the annual organizational meeting of the governing board may be held between January 8 and January 31, inclusive, as provided in rules and regulations adopted by the board. At the annual organizational meeting the community college district governing board shall organize by electing a president and vice president from its members. (4) Subject to this section, the governing board of any community college district shall hold regular monthly meetings and shall by rule and regulation fix the time and place for its regular meetings. The action shall be given proper notice to all members of the board of the regular meetings. (d) The governing board shall conduct its meetings as follows: (1) A notice identifying the location, date, and time of the meeting shall be posted in each community college maintained by the district at least 10 days prior to the meeting and shall remain so posted to and including the time of the meeting. (2) The governing board shall conduct its meetings within the boundaries of the community college district, except as provided in subparagraphs (A) and (B). (A) The governing board may meet outside of its district boundaries for the limited purpose of meeting with another local agency so long as the meeting meets both of the following criteria: (i) The meeting occurs within the boundaries of one of the participating local agencies. (ii) The meeting is open and accessible to the public, including the residents of the district whose board is meeting outside the boundaries of the district. (B) The governing board may meet outside of its district boundaries if the board finds it necessary to meet in closed session with its attorney to discuss pending litigation and if the attorney’s office is located outside of the boundaries of the district. (3) Except as otherwise provided by law, the governing board shall act by majority vote of all of the membership constituting the governing board. (4) Every official action taken by the governing board of every community college district shall be affirmed by a formal vote of the members of the board, and the governing board of every community college district shall keep minutes of its meetings, and shall maintain a journal of its proceedings in which shall be recorded every official act taken. (5) Notwithstanding any other provision of law, if a community college district governing board consists of seven members and not more than two vacancies occur on the governing board, the vacant position or positions shall not be counted for purposes of determining how many members of the board constitute a majority. Whenever any of the provisions of this code require unanimous action of all or a specific number of the members elected or appointed to the governing board, the vacant position or positions shall be excluded from determination of the total membership constituting the governing board. (Amended by Stats. 1991, Ch. 1038, Sec. 2. Effective October 14, 1991.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 2. Nondiscrimination [72010 - 72014] SECTION 72010. Source version: id_fe15a838-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=2. The provisions of this article are supplemental to any provision in the Constitution or laws of the United States or Constitution or laws of the State of California, relating to discrimination. (Repealed and added by Stats. 1981, Ch. 470, Sec. 46.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 2. Nondiscrimination [72010 - 72014] SECTION 72011. Source version: id_0cba15ca-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=2. Every community college district shall provide access to its services, classes, and programs without regard to the characteristics listed in Section 66270. (Amended by Stats. 2007, Ch. 569, Sec. 50. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 2. Nondiscrimination [72010 - 72014] SECTION 72012. Source version: id_0d09955c-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=2. Every community college shall comply with Section 66016, the Equity in Higher Education Act as set forth in Chapter 4.5 (commencing with Section 66250) of Part 40 of Division 5, and other applicable laws relating to discrimination. (Amended by Stats. 2007, Ch. 569, Sec. 51. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 2. Nondiscrimination [72010 - 72014] SECTION 72014. Source version: id_0d5914ee-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=2. No funds under the control of a community college district shall ever be used for membership or for any participation involving a financial payment or contribution, on behalf of the district or any individual employed by or associated therewith, in any private organization whose membership practices are discriminatory on the basis of the characteristics listed in Section 66270. This section does not apply to any public funds that have been paid to an individual officer or employee of the district as salary, or to any funds that are used directly or indirectly for the benefit of student organizations. (Amended by Stats. 2007, Ch. 569, Sec. 53. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72022. Source version: id_fe172ee4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. The county committee on school district organization, upon petition of the governing board of any community college district, may provide for the establishment, rearrangement, or abolishment of trustee areas in any community college district or increase or decrease the number of members of the governing board, in the same manner as trustee areas may be provided for in other districts under Sections 5020 to 5024, inclusive. When trustee areas are established or rearranged under this section, governing board members shall be elected for four-year terms, and shall be either five or seven in number. The number of trustee areas shall not be less than two nor more than seven. The terms of trustees shall, except as otherwise provided, be staggered so that as nearly as practicable one-half of the trustees shall be elected in each odd-numbered year. Subject to provisions of this section, any resident and registered elector of the school district not disqualified by the Constitution or laws of the state is eligible to candidacy for, and appointment and election to, the governing board of a community college district in which trustee areas have been provided under this section. When trustee areas are established or rearranged under this section, the petition to the county committee by the governing board shall provide for election of trustees by one of the following methods: (a) Election of an elector residing in and registered to vote in the trustee area he seeks to represent, by only the registered electors of the same trustee area; (b) Election, of an elector residing in and registered to vote in the trustee area he seeks to represent, by the registered electors of the entire community college district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72023. Source version: id_fe172ee6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. In every community college district in which trustee areas have not been established, there shall be a governing board of either five or seven members elected at large from the district to serve a term of four years. If trustee areas have been established in a community college district the governing board shall consist of a member or members from each trustee area. The terms of trustees shall, except as otherwise provided, be staggered so that as nearly as practicable one-half of the trustees shall be elected in each odd-numbered year. In the Peralta Community College District, the governing board may consist of not to exceed 15 members, if the governing board so determines, whether or not trustee areas have been established. The governing board of the Redwoods Community College District may consist of eight members, provided the area contained in the Fort Bragg Unified School District and the Mendocino Unified School District is annexed to the Redwoods Community College District, and provided an additional coterminous trustee area of the district is established including such territory. Such governing board may consist of nine members if, in addition to the annexation specified above, the area contained within Del Norte County is annexed to the Redwoods Community College District, and provided an additional coterminous trustee area of the district is established including such territory. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72023.5. Source version: id_ff0a8963-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. (a) (1) (A) The governing board of each community college district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, of one or more students. These students shall have the right to attend each and all meetings of the governing board, except that student members shall not have the right, or be afforded the opportunity, to attend executive sessions of the governing board. (B) A student member shall have the opportunity to cast an advisory vote immediately before votes are cast by the regular members of the governing board. (2) A student selected to serve on the governing board shall be enrolled in a community college of the district and shall be chosen, and shall be recalled, by the students enrolled in the community colleges of the district in accordance with procedures prescribed by the governing board. If the seat of a student member becomes vacant during the student member’s term, the governing board may authorize the officers of student body associations established pursuant to Section 76060 at each community college in the district to appoint a student to serve the remainder of the term in accordance with procedures established by the governing board. A student member shall be required throughout the term of the student member’s appointment to be enrolled in a community college of the district for at least five semester units, or its equivalent, and shall meet and maintain the minimum standards of scholarship for community college students prescribed by the community college district. The term of a student member shall be one year commencing on June 1 of each year. (3) A student member appointed pursuant to this section shall be entitled to mileage allowance to the same extent as a regular member, but is not entitled to the compensation prescribed by Section 72024. (4) A student member shall be seated with the members of the governing board and shall be recognized as a full member of the board at the meetings, including receiving all materials presented to the board members and participating in the questioning of witnesses and the discussion of issues. (5) A student member shall not be included in determining the vote required to carry any measure before the board. (6) A student member shall not be liable for any acts of the governing board. (b) Notwithstanding subdivision (a), a student member selected to serve on the governing board of a community college district pursuant to subdivision (a) may do any of the following: (1) Make and second motions at the discretion of the governing board. (2) Attend closed sessions, other than closed sessions on personnel matters or collective bargaining matters, at the discretion of the governing board. (3) Receive compensation, at the discretion of the governing board, up to the amount prescribed by Section 72024. (4) Serve a term of one year commencing on May 15 of each year, at the discretion of the governing board. (c) It is the intent of the Legislature that any decision or action, including any contract entered into pursuant thereto, upon the motion or second of a motion of a student member, shall be fully legal and enforceable against the community college district or any party thereto. (d) The governing board of each community college district shall, by May 15 of each year, adopt rules and regulations implementing this section. These rules and regulations shall be effective until May 15 of the following year. (e) If a state court finds this section is unlawful, the court may order, as equitable relief, that the administering entity that is the subject of the lawsuit terminate any waiver awarded under this statute or provision, but no money damages, tuition refund or waiver, or other retroactive relief may be awarded. In any action in which the court finds this section is unlawful, the California Community Colleges are immune from the imposition of any award of money damages, tuition refund or waiver, or other retroactive relief. (Amended by Stats. 2023, Ch. 103, Sec. 1. (AB 1541) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72024. Source version: id_98b9594e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. (a) (1) In any community college district that is not located in a city and county, and in which the full-time equivalent students (FTES) for the prior college year exceeded 60,000, the governing board may prescribe, as compensation for the services of each member of the board who actually attends all meetings held by the board, a sum not to exceed one thousand five hundred dollars ($1,500) in any month. (2) In any community college district in which the FTES for the prior college year was 60,000 or less, but more than 25,000, each member of the governing board of the district who actually attends all meetings held by the board may receive as compensation for his or her services a sum not to exceed seven hundred fifty dollars ($750) in any month. (3) In any community college district in which the FTES for the prior college year was 25,000 or less, but more than 10,000, each member of the governing board of the district who actually attends all meetings held may receive as compensation for his or her services a sum not to exceed four hundred dollars ($400) in any month. (4) In any community college district in which the FTES for the prior college year was 10,000 or less, but more than 1,000, each member of the governing board of the district who actually attends all meetings held by the board may receive as compensation for his or her services a sum not to exceed two hundred forty dollars ($240) in any month. (5) In any community college district in which the FTES for the prior college year was 1,000 or less, but more than 150, each member of the governing board of the district who actually attends all meetings held by the board may receive as compensation for his or her services a sum not to exceed one hundred twenty dollars ($120) in any month. (b) Any member of a governing board who does not attend all meetings held by the board in any month may receive, as compensation for his or her services, an amount not greater than a pro rata share of the number of meetings actually attended based upon the maximum compensation authorized by this subdivision. (c) The compensation of members of the governing board of a community college district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total FTES in all of the community colleges of the district in the college year in which the organization or reorganization became effective shall be deemed to be the FTES in the district for the prior college year. (d) A member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that, at the time of the meeting, he or she is performing services outside the meeting for the community college district, he or she was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board. The compensation shall be a charge against the funds of the district. (e) On an annual basis, the governing board may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the governing board. The action may be rejected by a majority of the voters in that district voting in a referendum established for that purpose, as prescribed by Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code. (Amended by Stats. 2006, Ch. 588, Sec. 6. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72025. Source version: id_fe172eea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. (a) The governing board of the Long Beach Community College District may establish trustee areas pursuant to this section. (b) Notwithstanding any other provision of law: (1) If a proposal for the establishment of trustee areas is approved by a majority of the voters voting at the election, the establishment of trustee areas shall be effective upon the expiration of the term of the member having the shortest remaining unexpired portion of a term on the date of the election approving the establishment of trustee areas, or the date of expiration of the term of any member elected to the board during the year of the election approving the establishment of trustee areas, whichever is shorter. (2) The term of any member serving on the board on the date of the election approving the establishment of trustee areas shall be shortened until the date of expiration of the term of the member having the shortest remaining unexpired portion of a term on the date of the election approving the establishment of trustee areas, or the date of expiration of the term of any member elected to the board during the year of the election approving the establishment of trustee areas, whichever is shorter. (3) Vacancies shall be filled as provided by other provisions of law and the term of the person filling the vacancy shall be determined in accordance with paragraph (2). (Added by Stats. 1993, Ch. 486, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72026. Source version: id_d5589276-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. (a) Notwithstanding any other law, if the governing board of a community college district finds that the boundaries of trustee areas do not conform to the district’s geography or population distribution due to annexation of territory to the district after the trustee boundaries were formed, the board may, in its discretion, order a special election seeking voter approval for rearrangement of such areas in the manner provided in this section. (b) (1) Upon adoption of a resolution by a majority of the members, the board shall call and conduct at least one public hearing on the proposed rearrangement of trustee area boundaries by publishing notice of the proposed rearrangement in accordance with Section 6061 of the Government Code. The notice shall be published at least 10 days prior to each hearing to be held and shall state the time and place of the hearing and the general nature of the proposed boundary rearrangement. (2) At the conclusion of the public hearing or hearings, the board may adopt a resolution by majority vote of its members ordering a special election on the proposed rearrangement of trustee areas within the district. The election shall be consolidated with the next scheduled primary or general statewide election and shall be called and conducted by the county superintendent of schools having jurisdiction in the manner otherwise prescribed for elections in Chapter 3 (commencing with Section 5300) of Part 4 of Division 1 of Title 1. (c) The ballot shall contain the following words properly located on the ballot: “Shall the trustee areas in _____ (insert name) Community College District be rearranged?” To the right of or below those words, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the rearrangement. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (d) If the proposal for the rearrangement of trustee areas within the district pursuant to this section is approved by a majority of the electors voting at the election and it appears that one or more trustee areas in the district will not be represented in the membership of the governing board or that one or more trustee areas will have more than its allotted number of representatives in the membership of the governing board, the county superintendent of schools having jurisdiction shall call and conduct an election to determine who shall represent such trustee area or areas at the next regular election for community college trustees as otherwise provided by law. The term of office of a newly elected and qualified member shall expire on the date the term of the former member would have expired if the former member had remained in office. If the offices of two or more members become vacant due to the operation of this subdivision, the county superintendent of schools shall determine by lot which term of office of former members shall be assumed by which of the newly elected and qualified members. (Amended by Stats. 2025, Ch. 303, Sec. 10. (AB 1512) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72026.5. Source version: id_fe18b58e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. Notwithstanding any other provision of law, in any district which has annexed or annexes territory resulting in a proposal for a rearrangement of trustee areas and which holds an election pursuant to Section 72026 and a rearrangement of boundaries is approved by the voters, in the event that such rearrangement results in a trustee area having more or fewer than its allotted number of representatives, a governing board member representing a particular trustee area whose boundaries are rearranged so that he or she no longer resides within the trustee area may serve out his or her term of office as that area’s representative. Succeeding representatives shall be selected in the manner provided by law. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72027. Source version: id_d4e2c447-fced-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. (a) Upon the formation of a community college district the county superintendent of schools having jurisdiction shall call and set the date of an election for the purpose of electing the governing board of the district. The call shall be issued not later than 30 days after the formation of the district. The election shall be called, held, and conducted as are elections for members of governing boards of elementary school districts. (b) The first members of the governing board shall take office on the third Monday following their election. The term of office of subsequent members of the board shall begin on the second Friday in December following their election. (c) Notwithstanding subdivision (a), the county superintendent of schools having jurisdiction may call and set the date for an election for the purpose of electing the governing board of the district on the same date that the election is held for the formation of the community college district. The call for both elections shall be issued at the same time. The election shall be called, held, and conducted the same as elections for members of the governing boards of elementary school districts. (d) The majority of the members of the first elected board of any newly formed community college district, the members of which majority received the highest number of votes, shall serve until the second Friday in December of the second succeeding odd-numbered year. The terms of the other members shall expire on the second Friday in December of the first succeeding odd-numbered year. Those members shall continue in office until their successors are elected and qualified. (Amended by Stats. 2018, Ch. 146, Sec. 4. (AB 2449) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72029. Source version: id_fe18b592-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. The governing board of a community college district may by resolution limit campaign expenditures or contributions in elections to district offices. (Added by Stats. 1993, Ch. 8, Sec. 27. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72031. Source version: id_8b81f87a-e41b-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. The provisions of this section shall apply only to the Los Angeles Community College District. (a) Whenever in this code a section refers to a district, or to two or more districts, governed by a single governing board, or by governing boards of identical personnel, or to a district or districts in which the average daily attendance is in excess of 400,000, or makes a similar reference, all provisions of the section shall apply with equal force to both the city school district and community college district. (b) Commencing with the 2019 election for the governing board of the Los Angeles Community College District, and each election thereafter, the governing board may adopt a resolution by majority vote to enact an alternative method by which members of the governing board of the Los Angeles Community College District may be elected by trustee area. The trustee shall be required to reside and be registered to vote in the trustee area he or she seeks to represent, and the trustee shall be elected by only the registered electors of the same trustee area. Upon certification of the election, the candidate with the highest number of votes for a trustee area shall be deemed the candidate elected for that trustee area. (Amended by Stats. 2017, Ch. 243, Sec. 4. (SB 628) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72034. Source version: id_fe1a3c36-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. Notwithstanding any provision of Chapter 366 of the Statutes of 1982, the terms of office of the members of the governing board of the Santa Monica Community College District whose terms were scheduled to expire in April 1985, expired in November 1984, and the terms of office of those members whose terms were scheduled to expire in April 1987, shall expire in November 1986. The terms of the members elected in November of even-numbered years shall commence on the first Tuesday following that election, and those elected shall serve for a term of four years. Each member shall continue to serve until his or her successor in office is elected and qualified. This section is declaratory of existing law. (Added by Stats. 1984, Ch. 1401, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72035. Source version: id_a9bff31b-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. Notwithstanding any other provision of law and the Charter of the City of San Diego, the number of members, the election of members, and the reapportionment of trustee areas of the governing board of the San Diego Community College District shall be conducted pursuant to this section. (a) Candidates for election as a member of the governing board of the district shall be nominated by trustee area at a district primary election held on the date of the statewide direct primary election. At the district primary election, the two candidates receiving the highest number of votes within the trustee area shall be nominees for the general district election for that trustee area, and the nominee who receives a majority of the votes cast by the voters of the district in the districtwide general district election shall be elected to represent that trustee area. The general district election shall be held on the same date as the statewide general election. (b) Candidates for election as members of the governing board shall do both of the following: (1) File a declaration of candidacy as provided in this code. (2) File nominating papers following the procedural and substantive requirements in Sections 10220 to 10227, inclusive, of the Elections Code, except to the extent those requirements conflict with the requirements in subdivision (a) or this paragraph. For the purposes of this paragraph, any reference to the city elections official in the Elections Code means the elections official of the county. Each candidate shall be proposed by not less than 40 nor more than 60 voters in a trustee area. (c) Each member of the governing board elected at the general district election shall hold office for a term of four years commencing on the second Friday in December next succeeding the member’s election. (d) The territory of the district shall be divided into trustee areas and one member of the governing board shall be elected from each trustee area. A candidate for election as a member of the governing board shall reside in, and be registered to vote in, the trustee area the candidate seeks to represent. (e) The governing board of the district shall be composed of not less than five members and not more than nine, as determined by the governing board. Sections 5019 to 5030, inclusive, do not apply to the governing board’s determination of the number of members pursuant to this subdivision. If the number of members of the governing board is increased or decreased, the governing board shall establish new trustee areas, abolish trustee areas, or adjust the boundaries of trustee areas so that the number of trustee areas is equal to the number of governing board members. If the number of members of the governing board is increased, the additional members of the governing board shall be elected at the next regular general district election of board members occurring at least 123 days after the governing board approved the increased number of board members. Prior to the next general district election, the governing board shall divide by lot the additional trustee area positions that are created so that the term of one-half of the board members elected to those positions shall expire on the second Friday in December following the next general district election. The term of the other board members elected to fill the remainder of the additional positions shall expire on the second Friday in December following the second general district election succeeding their election. (f) The governing board shall adjust the boundaries of each trustee area in existence on January 1, 1992, to reflect population changes enumerated in the 1990 decennial federal census. The purpose of the adjustment is to establish trustee areas so that the population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas. Thereafter, the boundaries of trustee areas shall be adjusted pursuant to Section 5019.5 and may be abolished or rearranged as otherwise provided in this code. (g) Pursuant to Sections 5019 and 5030, the county committee on school district organization may propose to the district voters that the member residing in each trustee area be elected by the registered voters of that particular trustee area. The proposal shall be submitted to the voters of the district at the next regular general district election occurring at least 123 days after the adoption of the proposal by the county committee on school district organization. If that proposal is approved by a majority of the voters voting in the election, then notwithstanding subdivision (a), there shall be no direct primary election for governing board members at the next election for members. Instead, members shall be elected at a general district election held on the same day as the statewide general election. At that general district election, board member candidates shall be elected to represent the trustee area in which they reside and are registered to vote by the registered voters of that trustee area. The candidate in each trustee area receiving the highest number of votes shall be elected. (Amended by Stats. 2019, Ch. 624, Sec. 1. (AB 1150) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72036. Source version: id_27528dfd-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. Notwithstanding any other law, the governing board of a community college district may change election systems, in accordance with the provisions of this section and the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code), upon the adoption by the board of trustees of a resolution in support of electing the trustees in accordance with this section and upon the approval of the Board of Governors of the California Community Colleges, as follows: (a) The governing board of a community college district may establish elections by trustee areas. In establishing trustee areas, the territory of a district shall be divided into trustee areas, and one member of the governing board shall be elected from each trustee area. A candidate for election as a member of the governing board shall reside in, and be registered to vote in, the trustee area the candidate seeks to represent. The governing board shall set the initial boundaries of each trustee area to reflect substantially equal population in each district as enumerated in the most recent decennial federal census. Thereafter, the boundaries of trustee areas shall be adjusted pursuant to Section 5019.5, and may be abolished or adjusted as otherwise provided in this code. (b) The governing board of a community college district may establish a top-two primary election system. Candidates for election as a member of a governing board of a district shall be nominated by trustee area at a district primary election held on the date of the statewide direct primary election. At the district primary election, the two candidates receiving the highest number of votes within the trustee area shall be nominees for the district general election for that trustee area, and the nominee who receives a majority of the votes cast by the voters of the trustee area in the district general election shall be elected to represent that trustee area. The district general election shall be held on the same date as the statewide general election. (c) The governing board of a community college district may determine the number of trustees pursuant to this subdivision. The governing board of a community college district shall be composed of not less than five members and not more than nine, as determined by the governing board. Sections 5019 to 5030, inclusive, do not apply to the governing board’s determination of the number of members pursuant to this subdivision. If the number of members of a governing board is increased or decreased, a governing board shall establish new trustee areas, abolish trustee areas, or adjust the boundaries of trustee areas so that the number of trustee areas is equal to the number of governing board members. If the number of members of a governing board is increased, the additional members of the governing board shall be elected at the next regular district general election of board members occurring at least 125 days after the governing board approved the increased number of board members. Before the next district general election, the governing board shall divide by lot the additional trustee area positions that are created so that the term of one-half of the board members elected to those positions shall expire on the first Friday in December following the next district general election. The term of the other board members elected to fill the remainder of the additional positions shall expire on the first Friday in December following the second district general election succeeding their election. (d) This section shall not apply to any community college district that has been authorized by statute to provide for its own trustee elections. (Amended by Stats. 2021, Ch. 139, Sec. 6. (SB 442) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 1. General Provisions [72000 - 72036.5] ARTICLE 3. Organization of District Boards [72022 - 72036.5] SECTION 72036.5. Source version: id_c1c9d1bd-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=1.&article=3. (a) Notwithstanding any other law, the number of members, the election of members, and the reapportionment of trustee areas of the Governing Board of the Grossmont-Cuyamaca Community College District shall be provided for pursuant to this section and in accordance with the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code). (b) For purposes of this section, “district” means the Grossmont-Cuyamaca Community College District. (c) Candidates for election as a member of the governing board of the district shall be nominated by trustee area at a district primary election held on the date of the statewide direct primary election. At the district primary election, the two candidates receiving the highest number of votes within the trustee area shall be nominees for the district general election for that trustee area, and the nominee who receives a majority of the votes cast by the voters of the trustee area in the district general election shall be elected to represent that trustee area. The district general election shall be held on the same date as the statewide general election. (d) Each member of the governing board elected at the district general election shall hold office for a term of four years commencing on the second Friday in December following the member’s election. (e) Candidates for election as members of the governing board shall do both of the following: (1) File a declaration of candidacy as provided in this code. (2) File nominating papers following the procedural and substantive requirements in Sections 10220 to 10227, inclusive, of the Elections Code, except to the extent those requirements conflict with the requirements of subdivision (c) or this paragraph. For the purposes of this paragraph, any reference to the city elections official in the Elections Code means the elections official of the county. Each candidate shall be proposed by not less than 40 nor more than 60 voters in a trustee area. (f) The territory of the district shall be divided into trustee areas and one member of the governing board shall be elected from each trustee area. A candidate for election as a member of the governing board of the district shall reside in, and be registered to vote in, the trustee area the candidate seeks to represent. (g) The governing board of the district shall be composed of not less than five members and not more than nine, as determined by the governing board. Sections 5019 to 5030, inclusive, do not apply to the governing board’s determination of the number of members pursuant to this subdivision. If the number of members of the governing board is increased or decreased, the governing board shall establish new trustee areas, abolish trustee areas, or adjust the boundaries of trustee areas so that the number of trustee areas is equal to the number of governing board members. If the number of members of the governing board is increased, the additional members of the governing board shall be elected at the next regular district general election of board members occurring at least 123 days after the governing board approved the increased number of board members. Prior to the next district general election, the governing board shall divide by lot the additional trustee area positions that are created so that the term of one-half of the board members elected to those positions shall expire on the second Friday in December following the next district general election. The term of the other board members elected to fill the remainder of the additional positions shall expire on the second Friday in December following the second district general election succeeding their election. (h) Boundaries for trustee areas established by a resolution of the governing board of the district or adopted by the county committee on school district organization prior to January 1, 2012, to reflect population changes enumerated in the 2010 decennial federal census shall be in effect when this section becomes operative. The boundaries of each trustee area shall be set so that the population of each area is, as nearly as may be, the same proportion of the total population of the district as each of the other areas. Thereafter, the boundaries of trustee areas shall be adjusted pursuant to Section 5019.5 and may be abolished or rearranged as otherwise provided in this code. (Amended by Stats. 2019, Ch. 624, Sec. 2. (AB 1150) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 2. Meetings and Members [72101 - 72129] ARTICLE 1. Membership [72101 - 72104] SECTION 72101. Source version: id_fe1bc2de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=2.&article=1. In newly formed districts for which an interim governing board is appointed by the county superintendent of schools, a governing board member election shall be held: (a) When the action necessary for the formation of a new community college district is completed on or before the first of January of any odd-numbered year, on the first Tuesday after the first Monday in March of such year. (b) When the action necessary for the formation of a new community college district is completed after the first of February of any year, whether even-numbered or odd-numbered, on the first Tuesday after the first Monday in March of the next succeeding year. The terms of the members elected at the initial election shall begin on the first day of April, and the terms of their predecessors shall expire on the 31st day of March, following the election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 2. Meetings and Members [72101 - 72129] ARTICLE 1. Membership [72101 - 72104] SECTION 72102. Source version: id_fe1bc2e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=2.&article=1. When a member of the governing board of a community college district which is being reorganized and which will cease to exist takes office as a member of the initial or interim governing board of a newly formed community college district, he or she shall cease to be a member of the governing board of the district being reorganized. The governing board of a community college district which is being reorganized shall then appoint another person who is eligible to serve on the governing board of the district being reorganized to the vacant position for the duration of the existence of the district being reorganized, but in no case for longer than 12 months. (Amended by Stats. 1990, Ch. 1372, Sec. 304.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 2. Meetings and Members [72101 - 72129] ARTICLE 1. Membership [72101 - 72104] SECTION 72103. Source version: id_fe1bc2e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=2.&article=1. (a) Any person, regardless of sex, who is 18 years of age or older, a citizen of the state, a resident of the community college district, a registered voter, and who is not disqualified by the Constitution or laws of the state from holding a civil office, is eligible to be elected or appointed a member of a governing board of a community college district without further qualifications. (b) (1) An employee of a community college district may not be sworn into office as an elected or appointed member of that community college district’s governing board unless and until he or she resigns as an employee. If the employee does not resign, the employment will automatically terminate upon being sworn into office. (2) For any individual who is an employee of a community college district and an elected or appointed member of that community college district’s governing board prior to January 1, 1992, this subdivision shall apply when he or she is reelected or reappointed, on or after January 1, 1992, as a member of the community college district’s governing board. This section does not apply to an individual who is usually employed in an occupation other than teaching and who also is employed part time by the community college district to teach no more than one course per semester or quarter in the subject matter of that individual’s occupation. (c) Notwithstanding any other provision of law, the governing board of a community college district may adopt or the residents of the community college district may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the governing board of the community college district may serve on the governing board of a community college district. Any proposal to limit the number of terms a member of the governing board of a community college district may serve on the governing board of a community college district shall apply prospectively only and shall not become operative unless it is submitted to the electors of the community college district at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. (d) (1) An initiative measure proposed pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 4 (commencing with Section 9300) of Division 9 of the Elections Code. (2) A proposal submitted to the electors by the governing board pursuant to subdivision (c) shall be subject to the procedures set forth in Chapter 6 (commencing with Section 9500) of Division 9 of the Elections Code. (Amended by Stats. 1995, Ch. 432, Sec. 3. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 2. Meetings and Members [72101 - 72129] ARTICLE 1. Membership [72101 - 72104] SECTION 72104. Source version: id_f4896a5a-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=2.&article=1. No member of the governing board of a community college district shall, during the term for which he or she was elected, be eligible to serve on the governing board of a high school district whose boundaries are coterminous with those of the community college district. (Amended by Stats. 2005, Ch. 654, Sec. 3. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 2. Meetings and Members [72101 - 72129] ARTICLE 2. Meetings [72121 - 72129] SECTION 72121. Source version: id_fe1d4988-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=2.&article=2. Except as provided in Sections 54957 and 54957.6 of the Government Code and in Section 72122 of, and subdivision (c) of Section 48914 of, this code, all meetings of the governing board of any community college district shall be open to the public, and all actions authorized or required by law of the governing board shall be taken at the meetings and shall be subject to the following requirements: (a) Minutes shall be taken at all of those meetings, recording all actions taken by the governing board. The minutes are public records and shall be available to the public. (b) An agenda shall be posted by the governing board, or its designee, in accordance with the requirements of Section 54954.2 of the Government Code. Any interested person may commence an action by mandamus or injunction pursuant to Section 54960.1 of the Government Code for the purpose of obtaining a judicial determination that any action taken by the governing board in violation of this subdivision or subdivision (b) of Section 72129 is null and void. (Amended by Stats. 1986, Ch. 641, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 2. Meetings and Members [72101 - 72129] ARTICLE 2. Meetings [72121 - 72129] SECTION 72121.5. Source version: id_fe1d498a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=2.&article=2. It is the intent of the Legislature that members of the public be able to place matters directly related to community college district business on the agenda of community college district governing board meetings, and that members of the public be able to address the board regarding items on the agenda as such items are taken up. Governing boards shall adopt reasonable regulations to insure that this intent is carried out. Such regulations may specify reasonable procedures to insure the proper functioning of governing board meetings. This subdivision shall not preclude the taking of testimony at regularly scheduled meetings on matters not on the agenda which any member of the public may wish to bring before the board, provided that no action is taken by the board on such matters at the same meeting at which such testimony is taken. Nothing in this paragraph shall be deemed to limit further discussion on the same subject matter at a subsequent meeting. (Added by Stats. 1978, Ch. 522.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 2. Meetings and Members [72101 - 72129] ARTICLE 2. Meetings [72121 - 72129] SECTION 72122. Source version: id_fe1d498c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=2.&article=2. The governing board of a community college district shall, unless a request by the student has been made pursuant to this section, hold closed sessions if the board is considering the suspension of, or disciplinary action or any other action in connection with any student of the community college district, if a public hearing upon the question would lead to the giving out of information concerning students which would be in violation of state or federal law regarding the privacy of student records. Before calling a closed session of the governing board of the district to consider these matters, the governing board of the district shall, in writing, by registered or certified mail or by personal service, if the student is a minor, notify the student and his or her parent or guardian, or the student if the student is an adult, of the intent of the governing board of the district to call and hold the closed session. Unless the student, or his or her parent, or guardian shall, in writing, within 48 hours after receipt of the written notice of intention, request that the hearing of the governing board be held as a public meeting, then the hearing to consider those matters shall be conducted by the governing board in closed session. If the written request is served upon the clerk or secretary of the governing board, the meeting shall be public except that any discussion at the meeting that might be in conflict with the right to privacy of any student other than the student requesting the public meeting or on behalf of whom the meeting is requested, shall be in closed session. Whether the matter is considered at a closed session or at a public meeting, the final action of the governing board of the community college district shall be taken at a public meeting and the result of that action shall be a public record of the community college district. The governing board of a community college district may hold closed sessions to consider the conferring of honorary degrees or to consider gifts from a donor who wants to remain anonymous. (Amended by Stats. 1990, Ch. 1372, Sec. 307.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 2. Meetings and Members [72101 - 72129] ARTICLE 2. Meetings [72121 - 72129] SECTION 72129. Source version: id_fe1d498e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=2.&article=2. (a) Special meetings may be held at the call of the president of the board or upon a call issued in writing and signed by a majority of the members of the board. (b) A notice of the meeting shall be posted at least 24 hours prior to the special meeting and shall specify the time and location of the meeting and the business to be transacted and shall be posted in a location that is freely accessible to members of the public and district employees. (Amended by Stats. 1986, Ch. 641, Sec. 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 1. General Provisions [72203.5 - 72208] SECTION 72203.5. Source version: id_fe1ed034-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=1. A member of the governing board of a community college district who has tendered a resignation with a deferred effective date pursuant to Section 5090 shall, until the effective date of the resignation, continue to have the right to exercise all powers of a member of the governing board, except that such member shall not have the right to vote for his or her successor in an action taken by the board to make a provisional appointment pursuant to Section 5091. (Added by Stats. 1978, Ch. 267.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 1. General Provisions [72203.5 - 72208] SECTION 72205. Source version: id_fe2056d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=1. The approval of any state agency shall not be a prerequisite to acceptance by the governing board of any community college district of a gift, donation, bequest, or devise. No real or personal property, including money, accepted by a governing board pursuant to this section shall be considered in determining the eligibility of the district for an apportionment from the State School Fund nor in determining the amount thereof. (Added by Stats. 1993, Ch. 8, Sec. 28. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 1. General Provisions [72203.5 - 72208] SECTION 72207. Source version: id_fe2056d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=1. The governing board of a community college district may secure copyrights, in the name of the district, to all copyrightable works developed by the district, and royalties or revenue from said copyrights are to be for the benefit of the district securing said copyrights. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 1. General Provisions [72203.5 - 72208] SECTION 72208. Source version: id_35b20127-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=1. (a) The regional accrediting agency for the community colleges shall report to the appropriate policy and budget subcommittees of the Legislature upon the issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, report any accreditation policy changes that affect the accreditation process or status for a community college. (b) The Office of the Chancellor of the California Community Colleges shall ensure that the appropriate policy and budget subcommittees of the Legislature are provided the information required to be reported pursuant to subdivision (a). (c) The regional accrediting agency shall report to the board of governors as soon as practicable after the National Advisory Committee on Institutional Quality and Integrity has notified the regional accrediting agency of the date by which the agency’s application for continued recognition is due. (Amended by Stats. 2015, Ch. 623, Sec. 2. (AB 404) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 2. College Police [72330 - 72332] SECTION 72330. Source version: id_fe2056dc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=2. (a) The governing board of a community college district may establish a community college police department under the supervision of a community college chief of police and, in accordance with Chapter 4 (commencing with Section 88000) of Part 51, may employ personnel as necessary to enforce the law on or near the campus of the community college and on or near other grounds or properties owned, operated, controlled, or administered by the community college or by the state acting on behalf of the community college. Each campus of a multicampus community college district may designate a chief of police. (b) The governing board of a community college district that establishes a community college police department under subdivision (a) may also establish a police reserve officer program to supplement that police department. (c) Persons employed and compensated as members of a community college police department, when so appointed and duly sworn, are peace officers as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (d) The governing board of a community college district that establishes a community college police department shall set minimum qualifications of employment for the community college chief of police, including, but not limited to, prior employment as a peace officer or completion of any peace officer training course approved by the Commission on Peace Officer Standards and Training. A chief of security or chief of police shall be required to comply with the prior employment or training requirement set forth in this subdivision as of January 1, 1993, or a date one year subsequent to the initial employment of the chief of security or chief of police by the community college district, whichever occurs later. This subdivision may not be construed to require the employment by a community college district of any additional personnel. (Amended by Stats. 2003, Ch. 292, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 2. College Police [72330 - 72332] SECTION 72330.2. Source version: id_fe2056de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=2. Every member of a California Community College police department first employed by a California Community College district before July 1, 1999, shall, in order to retain his or her employment, fulfill both of the following conditions: (a) The employee shall submit to the district one copy of his or her fingerprints on forms prescribed by the Department of Justice. The Department of Justice shall forward this copy to the United States Federal Bureau of Investigation. (b) The employee shall be determined to be a person who is not prohibited from employment by the California Community College district, and, if the employee is required to carry a firearm, shall be determined by the Department of Justice to be a person who is not prohibited from possessing a firearm. The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this section relating to firearms. (Added by Stats. 1998, Ch. 746, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 2. College Police [72330 - 72332] SECTION 72330.5. Source version: id_d1bb648f-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=2. (a) It is the intent of the Legislature to ensure the safety of students, staff, and the public on or near California’s community colleges, by providing community college security officers with training that will enable them to deal with the increasingly diverse and dangerous situations they encounter. (b) (1) Every school security officer employed by a community college district shall complete the latest course of training developed by the Bureau of Security and Investigative Services of the Department of Consumer Affairs in consultation with the Commission on Peace Officer Standards and Training pursuant to Section 7583.45 of the Business and Professions Code. If a community college security officer subject to the requirements of this subdivision is required to carry a firearm while employed, that security officer shall additionally satisfy the training requirements of Section 832 of the Penal Code. (2) A community college district shall provide the training required pursuant to this subdivision to all school security officers who are employees of the community college district. A community college district shall provide the training during the employee’s regular work hours, unless otherwise negotiated and mutually agreed upon with the employee’s exclusive representative. (3) This subdivision does not require a community college district to provide training to security guards who are not employees of the community college district, including security guards who work on the property of the community college district pursuant to a contract with a private licensed security agency. A community college district that contracts for security services shall comply with the requirements of Section 88003.1. (4) This subdivision shall not apply to a school security officer employed by a community college district who works 20 or fewer hours per week as a school security officer until July 1, 2021. (c) For purposes of this chapter, “security officer” means any person primarily employed or assigned pursuant to subdivision (b) to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by the community college district to protect persons or property or to prevent the theft or unlawful taking of community college district property of any kind or to report any unlawful activity to the community college district and local law enforcement. (d) (1) A security officer shall not be employed and shall not continue to be employed by a community college district until both of the following conditions have been met: (A) (i) The applicant or employee has submitted to the community college district two copies of their fingerprints on forms or electronically, as prescribed by the Department of Justice. The community college district shall submit the fingerprints to the Department of Justice, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation. (ii) An applicant or employee who holds a permanent registration with the Bureau of Security and Investigative Services of the Department of Consumer Affairs as a security guard need only submit one copy of their fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation. (iii) An applicant or employee who is registered by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, and who holds a firearms qualification card as specified in Section 7583.22 of the Business and Professions Code, is exempt from the requirements of this subdivision. (B) The applicant or employee has been determined not to be a person legally prohibited from employment by the community college and has been determined by the Department of Justice not to be a person prohibited from possessing a firearm if the applicant is required to carry a firearm. (2) The Department of Justice may participate in the National Instant Criminal Background Check System (NICS) in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this subdivision relating to firearms. (Amended by Stats. 2019, Ch. 475, Sec. 3. (SB 390) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 2. College Police [72330 - 72332] SECTION 72331. Source version: id_fe21dd82-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=2. Every member of a community college police department shall be supplied with, and authorized to wear, a badge bearing the words “Community College Police”, prefaced by the name of the district, and shall be issued a suitable identification card bearing his or her physical description, photograph, and authority for peace officer status, and such other identification data as may be required by local law enforcement agencies, countersigned by the chief administrative officer of the district. The governing board may direct the wearing of a distinctive uniform and shall prescribe such a uniform. The governing board shall pay for the required uniforms, equipment, identification cards, and badges. (Amended by Stats. 1981, Ch. 470, Sec. 78.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 3. Powers and Duties [72203.5 - 72332] ARTICLE 2. College Police [72330 - 72332] SECTION 72332. Source version: id_fe21dd84-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=3.&article=2. Any vehicle, when operated in the performance of his or her duties by any member of the police department, is an authorized emergency vehicle and may be equipped and operated as such as provided by the Vehicle Code. (Amended by Stats. 1981, Ch. 470, Sec. 79.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 4. Officers and Agents [72400 - 72423] SECTION 72400. Source version: id_fe236428-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=4.&article= The governing board of each community college district shall fix and prescribe the duties to be performed by all persons in community college service in the district. (Amended by Stats. 1981, Ch. 470, Sec. 82.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 4. Officers and Agents [72400 - 72423] SECTION 72401. Source version: id_f4d0ac8c-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=4.&article= (a) Notwithstanding any other provisions of law, any person may be permitted by the governing board of any community college district to serve as a nonteaching volunteer aide under the immediate supervision and direction of the academic personnel of the district to perform noninstructional work that serves to assist the academic personnel in the performance of teaching and administrative responsibilities. A nonteaching volunteer aide shall not be an employee of the district, and shall serve without compensation of any type or other benefits accorded to employees of the district, except as provided in Section 3364.5 of the Labor Code. (b) No district may abolish any of its classified positions and utilize volunteer aides, as authorized herein, in lieu of classified employees who are laid off as a result of the abolition of a position. A district shall not refuse to employ a person in a vacant classified position and use volunteer aides in lieu thereof. (c) Volunteer aides may be used to enhance a district’s educational program, but not to displace classified employees, nor to allow districts to utilize volunteers in lieu of normal employee requirements. (Amended by Stats. 2005, Ch. 654, Sec. 4. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 4. Officers and Agents [72400 - 72423] SECTION 72403. Source version: id_fe23642c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=4.&article= The governing board of each community college district shall annually at its initial meeting select one of its members to serve as its representative for purposes of Article 1 (commencing with Section 4000) of Chapter 1 of Part 3. The representative selected pursuant to this section shall have one vote for each member to be elected to the county committee pursuant to Article 1 (commencing with Section 4000) of Chapter 1 of Part 3. (Added by Stats. 1983, Ch. 1095, Sec. 5. Effective September 27, 1983.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 4. Officers and Agents [72400 - 72423] SECTION 72411. Source version: id_fe23642e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=4.&article= (a) Every educational administrator shall be employed, and all other administrators may be employed, by the governing board of the district by an appointment or contract of up to four years in duration. The governing board of a community college district, with the consent of the administrator concerned, may at any time terminate, effective on the next succeeding first day of July, the term of employment of, and any contract of employment with, the administrator of the district, and reemploy the administrator, on any terms and conditions as may be mutually agreed upon by the board and the administrator, for a new term to commence on the effective date of the termination of the existing term of employment. (b) If the governing board of a district determines that an administrator is not to be reemployed by appointment or contract in his or her administrative position upon the expiration of his or her appointment or contract, the administrator shall be given written notice of this determination by the governing board. For an administrator employed by appointment or contract, the term of which is longer than one year, the notice shall be given at least six months in advance of the expiration of the appointment or contract unless the contract or appointment provides otherwise. For every other administrator, notice that the administrator may not be reemployed by appointment or contract in his or her administrative position for the following college year shall be given on or before March 15. (c) If the governing board fails to reemploy an administrator by appointment or contract in his or her administrative position and the written notice provided for in this section has not been given, the administrator shall, unless the existing appointment or contract provides otherwise, be deemed to be reemployed for a term of the same duration as the one completed with all other terms and conditions remaining unchanged. (d) Subdivisions (b) and (c) do not apply to any administrator who holds a position that is funded for less than a college year, is assigned to an acting position whose continuing right to hold the position depends on being selected for the position on a regular basis, is terminated pursuant to Section 87743, 88017, or 88127, or is dismissed for cause. (Amended by Stats. 1991, Ch. 1038, Sec. 5. Effective October 14, 1991.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 4. Officers and Agents [72400 - 72423] SECTION 72411.5. Source version: id_fe24ead0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=4.&article= In the absence of an express appointment or contract as provided in Section 72411, every administrator shall serve in his or her administrative assignment at the pleasure of the governing board. The dismissal of, and imposition of penalties for cause on, an administrator employed by appointment or contract pursuant to Section 72411 shall, if the administrator does not have tenure as a faculty member, be in accordance with the terms of the appointment or contract of employment. If the administrator has tenure as a faculty member, the dismissal of, and imposition of penalties for cause on, the administrator shall be in accordance with the provisions applicable to faculty members. (Amended by Stats. 1995, Ch. 758, Sec. 84. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 4. Officers and Agents [72400 - 72423] SECTION 72423. Source version: id_fe24ead2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=4.&article= The governing board of each community college district shall provide for the payment of the travel expenses of any representatives of the board when performing services directed by the board. (Amended by Stats. 1990, Ch. 1372, Sec. 345.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ARTICLE 1. Liabilities [72500 - 72508] SECTION 72500. Source version: id_fe26707a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=5.&article=1. The governing board of any community college district is liable in the name of the district for all debts and contracts, including the salary due any instructor not made in excess of the moneys accruing to the district and usable for the purposes of the debts and contracts during the college year for which the debts and contracts are made. The district shall not be liable for debts and contracts made in violation of this section. For the purposes of this section, moneys transferred to the funds of a newly organized district pursuant to Section 85223 are deemed district moneys accruing to the district and usable for the purposes of contracts made for the college year preceding the date the district became effective for all purposes. (Amended by Stats. 1990, Ch. 1372, Sec. 346.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ARTICLE 1. Liabilities [72500 - 72508] SECTION 72502. Source version: id_fe26707c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=5.&article=1. All claims for money or damages against a district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ARTICLE 1. Liabilities [72500 - 72508] SECTION 72506. Source version: id_e3208491-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=5.&article=1. (a) Action taken by any governing board of a community college district to procure insurance shall be governed by the authority of Sections 70902 and 75003 and, where applicable, by Sections 989 to 991.2, inclusive, of the Government Code. However, the governing board of any community college district shall ensure against all of the following: (1) The liability, other than a liability which may be insured against under Division 4 (commencing with Section 3200) of the Labor Code, of the district for damages for death, injury to person, or damage or loss of property. (2) The personal liability of the members of the board and of the officers and employees of the district for damages for death, injury to a person, or damage or loss of property caused by the negligent act or omission of the member, officer, or employee when acting within the scope of their office or employment. (b) The insurance may be written by any insurance company authorized to transact the business of insurance in the state, or by a nonadmitted insurer to the extent, and subject to the conditions, prescribed by Section 1763 of the Insurance Code. (c) Notwithstanding paragraph (2) of subdivision (a), the governing board of any community college district may provide for persons authorized by the governing board to perform volunteer services for the district, insurance coverage which is the same as, or comparable to, that provided for employees of the district including coverage under Division 4 (commencing with Section 3200) of the Labor Code. (d) The governing board of a community college district may provide protection from its own funds for the purpose of covering the liability of the district, its officers, agents, and employees, in lieu of carrying insurance in insurance companies, as provided in this section. The governing board may also provide protection against the liability partly by means of its own funds and partly by means of insurance written by insurance companies, as provided in this section. (Amended by Stats. 2019, Ch. 497, Sec. 84. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ARTICLE 1. Liabilities [72500 - 72508] SECTION 72507. Source version: id_fe267080-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=5.&article=1. Notwithstanding the requirement to provide for indemnity bonds pursuant to Section 85266.5, the governing board of a community college district may, in lieu thereof, insure against all losses caused by an employee or an officer of a community college district if the insurance gives the same or greater protection to the community college district that a bond would provide in indemnifying the community college districts against any loss caused by the employee or officer of the community college district. (Added by Stats. 1994, Ch. 330, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ARTICLE 1. Liabilities [72500 - 72508] SECTION 72508. Source version: id_fe267082-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=5.&article=1. The governing board of any community college district maintaining a course of automobile driver training shall advise the parents or guardians or persons having custody of minors of the district participating in automobile driver training courses under the jurisdiction of, or sponsored or controlled by, the district, who have signed the statement required by Section 12650 of the Vehicle Code or an application for a driver’s license under Section 17701 of the Vehicle Code, of each of the following: (a) Any civil liability of the minor which will be imposed on the parent, guardian, or other person by reason of such minor operating a motor vehicle. (b) The insurance coverage carried by the community college district, with respect to the use of motor vehicles in connection with such courses, specifically including any limitations of such coverage which limit such coverage to an amount less than the liability imposed on the parent, guardian, or other person, or which limit the nature of such coverage to exclude any activity or situation included within the liability so imposed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ARTICLE 2. Corrupt Practices [72530 - 72533] SECTION 72530. Source version: id_fe27f726-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=5.&article=2. (a) The offering of any valuable thing to any member of the governing board of any community college district, with the intent to influence his or her action in regard to the granting of any instructor’s certificate, the appointment of any instructor, superintendent, or other officer or employee, the adoption of any textbook, or the making of any contract to which the board of which he or she is a member is a party, or the acceptance by any member of the governing board of any valuable thing, with corrupt intent, is a misdemeanor. (b) Any contract or appointment obtained from the governing board of any community college district by corrupt means is void. (Amended by Stats. 1990, Ch. 1372, Sec. 348.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 5. Liabilities, Insurance, and Corrupt Practices [72500 - 72533] ARTICLE 2. Corrupt Practices [72530 - 72533] SECTION 72533. Source version: id_fe27f728-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=5.&article=2. The prohibitions contained in Article 4 (commencing with Section 1090) and Article 4.7 (commencing with Section 1125) of Division 4 of Title 1 of the Government Code are applicable to members of governing boards of community college districts and to members of citizens’ oversight committees appointed by those governing boards pursuant to Chapter 1.5 (commencing with Section 15264) of Part 10. (Amended by Stats. 2000, Ch. 44, Sec. 5. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 2. Counseling Services [72620 - 72621] SECTION 72620. Source version: id_fe27f72e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=2. The governing board of a community college district may provide in each college within the district an organized and functioning counseling program. Counseling shall include, but not be limited to, all of the following: (a) Educational counseling in which the student is assisted in planning and implementing his or her immediate and long-range educational program. (b) Career counseling in which the student is assisted in assessing his or her aptitudes, abilities, and interests in order to make realistic career decisions. The career counseling shall include encouraging students, including women and minorities, to seek apprenticeship training. (c) Personal counseling in which the student is helped to develop his or her ability to function with social and personal responsibility. (d) Evaluating and interpreting test data. (e) Counseling and consultation with parents and staff members on learning problems and guidance programs for students. For purposes of this section, a person performing counseling services to students shall be qualified as a counselor pursuant to Section 87355 or 87356. A governing board of a community college district, which offers these counseling services, may contract with the governing boards of any other districts, or private schools, or other public and private agencies or organizations, to render the counseling services. In so contracting, the governing board of a community college district shall not contract at less than cost to a private school, or private agency or organization. Nothing in this section shall be construed as prohibiting persons participating in an organized advisory program approved by the governing board of a community college district, and supervised by a district counselor, from advising students pursuant to the organized advisory program. Notwithstanding any provisions of this section to the contrary, any person who is performing these counseling services pursuant to law authorizing the performance thereof in effect before March 4, 1972, shall be authorized to continue to perform such services on and after March 4, 1972, without compliance with the additional requirements imposed by this section. (Amended by Stats. 1995, Ch. 758, Sec. 86. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 2. Counseling Services [72620 - 72621] SECTION 72620.5. Source version: id_fe297dd0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=2. Commencing with the 1997–98 fiscal year, community college districts, to the extent that funding is provided in the annual Budget Act, may provide counseling and matriculation services for students enrolled in credit courses and students enrolled in noncredit courses, according to a welfare-to-work plan as provided in Section 11325.21 of the Welfare and Institutions Code. (Added by Stats. 1997, Ch. 270, Sec. 16. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 2. Counseling Services [72620 - 72621] SECTION 72621. Source version: id_fe297dd2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=2. Any information of a personal nature disclosed by a student 12 years of age or older in the process of receiving counseling from a school counselor as specified in Section 72620 is confidential. Any information of a personal nature disclosed to a school counselor by a parent or guardian of a student who is 12 years of age or older and who is in the process of receiving counseling from a school counselor as specified in Section 72620 is confidential. The information shall not become part of the student record, as defined in Section 76210, without the written consent of the person who disclosed the confidential information. The information shall not be revealed, released, discussed, or referred to, except as follows: (a) Discussion with psychotherapists as defined by Section 1010 of the Evidence Code, other health care providers, or the college nurse, for the sole purpose of referring the student for treatment. (b) Reporting of child abuse or neglect as required by Article 2.5 (commencing with Section 11165) of Chapter 2 of Title 1 of Part 4 of the Penal Code. (c) Reporting information to the chief administrative officer or parents of the student when the school counselor has reasonable cause to believe that disclosure is necessary to avert a clear and present danger to the health, safety, or welfare of the student or the following other persons living in the school community: administrators, teachers, school staff, parents, students, and other school community members. (d) Reporting information to the chief administrative officer, other persons inside the college, as necessary, the parents of the student, and other persons outside the school when the student indicates that a crime, involving the likelihood of personal injury or significant or substantial property losses, will or has been committed. (e) Reporting information to one or more persons specified in a written waiver after this written waiver of confidence is read and signed by the student and preserved in the student’s file. Notwithstanding the provisions of this section, a school counselor shall not disclose information deemed to be confidential pursuant to this section to the parents of the student when the school counselor has reasonable cause to believe that the disclosure would result in a clear and present danger to the health, safety, or welfare of the student. Notwithstanding the provisions of this section, a school counselor shall disclose information deemed to be confidential pursuant to this section to law enforcement agencies when ordered to do so by order of a court of law, to aid in the investigation of a crime, or when ordered to testify in any administrative or judicial proceeding. Nothing in this section shall be deemed to limit access to pupil records as provided in Section 76243. Nothing in this section shall be deemed to limit the counselor from conferring with other staff members, as appropriate, regarding modification of the student’s academic program. It is the intent of the Legislature that counselors use the privilege of confidentiality under this section to assist the pupil whenever possible to communicate more effectively with parents, staff members, and others. No person required by this section to keep information discussed during counseling confidential shall incur any civil or criminal liability as a result of keeping that information confidential. As used in this section, “information of a personal nature” does not include routine objective information related to academic and career counseling. (Amended by Stats. 1981, Ch. 1152, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72670. Source version: id_fe2b0478-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. The governing board of a community college district may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of its college or colleges. As used in this article, “auxiliary organization” may include, but is not limited to, the following entities: (a) Any entity in which any official of a community college district participates as a director as part of his or her official position. (b) Any entity formed or operating pursuant to Article 4 (commencing with Section 76060) of Chapter 1 of Part 47. (c) Any entity which operates a commercial service for the benefit of a community college or district on a campus or other property of the district. (d) Any entity whose governing instrument provides in substance both of the following: (1) Its purpose is to promote or assist a community college or district, or to receive gifts, property and funds to be used for the benefit of the community college or district or any person or organization having an official relationship therewith. (2) Any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the governing board of the district, an official of the district, or selected, ex officio, from the membership of the student body or the faculty or the governing board or the administrative staff of the district. (e) Any entity which is designated as an auxiliary organization by the district governing board. (Amended by Stats. 1981, Ch. 470, Sec. 105.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72670.5. Source version: id_fe2b047a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. (a) The Board of Governors of the California Community Colleges may establish auxiliary organizations for the purpose of providing supportive services and specialized programs for the general benefit of the mission of the California Community Colleges. (b) As used in this article: (1) “Auxiliary organization” may include, but is not limited to, the following entities: (A) Any entity whose governing instrument provides in substance both of the following: (i) That its purpose is to promote or assist the Board of Governors of the California Community Colleges, or to receive gifts, property, and funds to be used for the benefit of the Board of Governors of the California Community Colleges or any person or organization having an official relationship therewith. (ii) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the Board of Governors of the California Community Colleges or an official of the California Community Colleges, or selected, ex officio, from the membership of the Board of Governors or the administrative staff of the California Community Colleges. (B) Any entity which, exclusive of the foregoing subdivisions of this section, is designated as an auxiliary organization by the Board of Governors of the California Community Colleges. (2) “District governing board” includes the Board of Governors of the California Community Colleges, unless the context requires otherwise. (c) Any agreement between the Board of Governors of the California Community Colleges and an auxiliary organization established pursuant to this section shall provide for full reimbursement from the auxiliary organization to the Board of Governors of the California Community Colleges for any services performed by the employees of the board under the direction of, or on behalf of, the auxiliary organization. (Added by Stats. 1998, Ch. 954, Sec. 15. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72671. Source version: id_fe2c8b1c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. An auxiliary organization may enter into a joint powers agreement with any federal, state, or local governmental entity pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. (Repealed and added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72672. Source version: id_fe2c8b1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. (a) A certified public accountant shall be selected by each auxiliary organization described in Section 72670. Upon being notified of the certified public accountant selected by an auxiliary organization, the district shall forward the applicable auditing and reporting procedures to the selected certified public accountant. In accordance with procedures prescribed by the Board of Governors of the California Community Colleges, such certified public accountant shall annually audit any and all community college auxiliary funds. The auxiliary organizations shall contract for and receive such audit annually, and shall submit such audit to the district governing board and to the board of governors. Auxiliary organizations shall annually publish an audited statement of their financial condition which shall be disseminated as widely as feasible and be available to any person on request. When an auxiliary organization primarily serves a single community college of the district, publication in the campus student newspaper shall be deemed compliance with this requirement. When an auxiliary organization serves the district governing board, distribution of the published audited statement of its financial condition at a regularly scheduled meeting of the district governing board shall be deemed compliance with this requirement. (b) When an auxiliary organization primarily serves a single community college of the district, the president of that community college, and when an auxiliary organization primarily serves a district, the superintendent of the district, shall be responsible for ascertaining that all expenditures are in accordance with policies of the district governing board, the propriety of all expenditures, and the integrity of the financial reporting made by auxiliary organization. (c) The purposes and operations of an auxiliary organization shall be conducted in conformity with general regulations established by the board of governors and with implementing regulations which shall be established by each district governing board prior to the establishment of an auxiliary organization. The implementing regulations established by a district shall be submitted to, and approved by, the chancellor’s office prior to the recognition of an auxiliary organization by that district. At such time as a district may recognize an auxiliary organization, it shall submit a copy of the articles of incorporation, bylaws, or other governing instruments of the auxiliary organization to the chancellor’s office. The accounting procedures of such auxiliary organizations shall be comparable to those that govern the auxiliary organizations established under Chapter 7 (commencing with Section 89900) of Part 55. The regulations shall include provisions requiring the governing board of each auxiliary organization to provide salaries, working conditions and benefits for the full-time employees of each auxiliary organization which are comparable to those provided district employees performing similar services; provided, however, that the regulations may permit retirement benefits, or permanent status benefits, or both, to be withheld from temporary and executive employees of each auxiliary organization. For the purposes of this subdivision, a “temporary employee” is (1) an employee employed for a research project, workshop, institute, or other special project funded by any grant, contract, or gift; or (2) an employee whose contract of employment is for a fixed term not exceeding three years. For the purposes of this subdivision, an “executive employee” is any management employee with responsibility for the development and execution of auxiliary organization policy and includes, but is not limited to, general managers, business managers, directors, and similar positions. For those full-time employees whose duties are not comparable to classes in the district, the salaries established shall be at least equal to the salaries prevailing in other educational institutions in the area or commercial operations of like nature. (d) Retirement benefits may be provided by other than the Public Employees’ Retirement System. A contract for participation in the Public Employees’ Retirement System in accordance with the terms and conditions of the public employees’ retirement law shall be deemed to satisfy fully the requirements of subdivision (c) with respect to retirement. Notwithstanding subdivision (c), the regulations established by the district governing board may exempt the board of directors of any newly created auxiliary organization from the requirement of providing retirement benefits for a period not to exceed three years from the date that the auxiliary organization is established. (Repealed and added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72673. Source version: id_fe2c8b20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. Student body organizations not formed or operating pursuant to Article 4 (commencing with Section 76060) of Chapter 1 of Part 47; student or faculty societies, social clubs, fraternities, and sororities; and alumni associations shall be exempt from the provisions of this article, unless any such organization, society, club, fraternity, sorority, or association has been established as an auxiliary organization pursuant to the provisions of this article. This section shall not be construed to alter or limit the powers of the district governing board to establish rules and regulations governing organizations which maintain an official relationship with a college or district or which uses the name or facilities of the college or district. (Amended by Stats. 1981, Ch. 470, Sec. 106.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72674. Source version: id_fe2c8b22-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. Each auxiliary organization formed pursuant to this article, shall have a board of directors composed, both as to size and categories of membership, in accordance with regulations established by the district governing board. Each board of directors shall, during each fiscal year, hold at least one business meeting each quarter. The board of directors shall have the benefit of the advice and counsel of at least one attorney admitted to practice law in this state and at least one licensed certified public accountant. Neither the attorney at law nor the certified public accountant need be members of the board of directors. No auxiliary organization shall accept any grant, contract, bequest, trust, or gift, unless it is so conditioned that it may be used only for purposes consistent with policies of the district governing board. Each board of directors of an auxiliary organization shall conduct its business in public meetings in accordance with the provisions of Chapter 9 (commencing with Section 54950) of Part 1 of the Government Code. (Repealed and added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72675. Source version: id_f5639dc0-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. (a) The board of directors of an auxiliary organization shall approve all expenditures and fund appropriations. Appropriations of funds for use outside of the normal business operations of the auxiliary organization shall be approved in accordance with district policy and regulations by an officer designated by the district governing board. (b) The district governing board, in accordance with regulations of the Board of Governors of the California Community Colleges, shall do all of the following: (1) Institute a standard systemwide accounting and reporting system for businesslike management of the operation of these auxiliary organizations. (2) Implement financial standards that will ensure the fiscal viability of these various auxiliary organizations. The standards shall include proper provision for professional management, adequate working capital, adequate reserve funds for current operations and capital replacements, and adequate provisions for new business requirements. (3) Institute procedures to ensure that transactions of the auxiliary organizations are within the educational mission of the district. (4) Develop policies for the appropriation of funds derived from indirect cost payments not required to implement paragraph (2). Uses of these funds shall be regularly reported to the district governing board. (Amended by Stats. 2005, Ch. 654, Sec. 6. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72676. Source version: id_fe2e11c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. Operations of commercial services on a campus, such as a food service or bookstore, or such commercial services as may be provided in a student union, shall, when operated by an auxiliary organization, be self-supporting. Any surplus funds from commercial operations shall be used for such purposes as are consistent with regulations of the district governing board. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72677. Source version: id_fe2e11c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. No member of the board of directors of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he or she is a member. Any contract or transaction entered into in violation of this section is void. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72678. Source version: id_fe2e11ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. No contract or other transaction entered into by the board of directors of an auxiliary organization is void under the provisions of Section 72677; nor shall any member of such board be disqualified or deemed guilty of misconduct in office under such provisions, if both of the following conditions are met: (a) The fact of such financial interest is disclosed or known to the board of directors and noted in the minutes, and the board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members. (b) The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72679. Source version: id_fe2e11cc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. The provisions of Section 72678 shall not be applicable if any of the following conditions are met: (a) The contract or transaction is between an auxiliary organization and a member of the board of directors of that auxiliary organization. (b) The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the governing board of that auxiliary organization is a partner or in which he or she is the owner or holder, directly or indirectly, of a proprietorship interest. (c) The contract or transaction is between an auxiliary organization and a corporation in which any member of the board of directors of that auxiliary organization is the owner or holder, directly or indirectly, of 5 percent or more of the outstanding common stock. (d) A member of the board of directors of an auxiliary organization is interested in a contract or transaction within the meaning of Section 72677, and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72680. Source version: id_fe2e11ce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. It is unlawful for any person to utilize any information, not a matter of public record, which is received by the person by reason of his or her membership on the board of directors of an auxiliary organization, for personal pecuniary gain, regardless of whether he or she is or is not a member of the board at the time such gain is realized. (Added by Stats. 1980, Ch. 858, Sec. 2. Effective August 31, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 6. Auxiliary Organizations [72670 - 72682] SECTION 72682. Source version: id_f5ac1872-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=6. An auxiliary organization that was in existence on August 31, 1980, shall continue to operate under Article 6 (commencing with Section 72670) of Chapter 6 of Part 45, as it read immediately prior to August 30, 1980, until the time, if any, that the organization is recognized pursuant to this article. (Amended by Stats. 2005, Ch. 654, Sec. 7. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72690. Source version: id_bf57a6a5-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. The Legislature finds and declares all of the following: (a) Access to information concerning the conduct of the people’s business is a necessary and fundamental right of every person in this state. (b) The auxiliary organizations of a governing board of a community college district and of the Board of Governors of the California Community Colleges promote and assist the colleges by engaging in activities that are essential and integral to the mission and purpose of the California Community Colleges. (c) The auxiliary organizations of a governing board of a community college district and of the Board of Governors of the California Community Colleges are legally separate from the California Community Colleges. (d) Access to records used, owned, or maintained by these auxiliary organizations must be balanced by the need to protect the individual privacy rights of donors and volunteers, and to protect an auxiliary organization’s fiduciary interests. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72691. Source version: id_bf57f4c7-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. For purposes of this article, the following terms have the following meanings: (a) “Auxiliary organization” means those entities defined in Sections 72670 and 72670.5. (b) “Identifiable writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72692. Source version: id_bf581bd9-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. (a) Records maintained by an auxiliary organization shall be available to the public to inspect or copy at all times during the office hours of the auxiliary organization, except as hereafter provided. The records subject to inspection or copying by the public pursuant to this section shall include any identifiable writing containing information relating to the conduct of the auxiliary organization that is prepared, owned, used, or retained by an auxiliary organization. Any reasonably segregable portion of a record shall be promptly available for inspection and copying after redacting those portions exempt from disclosure by law. (b) Upon a request for a copy of a record that reasonably describes an identifiable record, an auxiliary organization shall make the record promptly available within a reasonable time to any person upon payment of fees covering only the direct cost of duplication, except with respect to records maintained by an auxiliary organization exempt from disclosure by law. Nothing in this article shall be construed to permit an auxiliary organization to delay or obstruct the inspection or copying of public records. (c) If a member of the public requests to inspect a public record or obtain a copy of a record held by an auxiliary organization, the organization shall assist the person to make a focused and effective request that reasonably describes an identifiable record or records. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72693. Source version: id_bf5869fb-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. (a) Upon a written request for a copy or inspection of records, an auxiliary organization shall determine, within 10 calendar days from the receipt of the request, whether the request, in whole or in part, seeks copies of disclosable records maintained by the auxiliary organization and shall notify the requester in writing without undue delay of the determination and the reasons therefor. (b) (1) In unusual circumstances, the time limit prescribed in this section may be extended by a written notice by the head of the auxiliary organization, or his or her designee, to the person making the request that sets forth the reasons for the extension and the date on which a determination is expected to be sent. That notice shall not specify a date that would result in an extension of more than 14 days. When the auxiliary organization sends the determination, and if the auxiliary organization determines that the request seeks disclosable public records, the auxiliary organization shall state the estimated date and time when the records will be made available. (2) As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (A) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (C) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having a substantial subject matter interest therein. (D) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. (c) An auxiliary organization shall justify withholding a record by demonstrating that the record is exempt from disclosure by law, or that, on the facts of the particular request, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (d) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing and shall set forth the names and titles or positions of each person responsible for the denial. (e) This article shall not limit access to a public record on the basis of the purpose for which the record is being requested, if the record is otherwise subject to disclosure. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72694. Source version: id_bf58df2d-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. (a) Unless otherwise prohibited by law, an auxiliary organization that has information that constitutes an identifiable record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that record available in an electronic format when requested by any person and, when applicable, shall comply with both of the following: (1) An auxiliary organization shall make an electronic record available in the electronic format in which it holds the information. (2) An auxiliary organization shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the auxiliary organization to create copies for its own use or for provision to other entities or persons. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record if either of the following applies: (1) In order to comply with the provisions of subdivision (a), an auxiliary organization would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals. (2) The request would require data compilation, extraction, or programming to produce the record. (c) If a request is for a record in a nonelectronic format, and the record is also available in an electronic format, an auxiliary organization may inform the requester that the record is available in an electronic format. (d) Nothing in this section shall be construed to do any of the following: (1) Require an auxiliary organization to reconstruct a record in an electronic format if the auxiliary organization no longer has the record available in an electronic format. (2) Permit an auxiliary organization to make a record available only in an electronic format. (3) Require an auxiliary organization to release an electronic record in the electronic form in which it is held by the auxiliary organization if its release would jeopardize or compromise the security or integrity of the original record, or of any proprietary software with which it is maintained. (4) Permit public access to records held by an auxiliary organization to which access is otherwise restricted by law. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72695. Source version: id_2eeaad51-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. Nothing in this article shall require an auxiliary organization to disclose information that is exempt from disclosure pursuant to an exemption set forth in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 76. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72696. Source version: id_3803a043-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. (a) Notwithstanding any other law, the following records maintained by an auxiliary organization shall not be subject to disclosure: (1) Information that would disclose the identity of a donor, prospective donor, or volunteer. (2) Personal financial information, estate planning information, and gift planning information of a donor, prospective donor, or volunteer. (3) Personal information related to a donor’s private trusts or a donor’s private annuities administered by an auxiliary organization. (4) Information related to fundraising plans, fundraising research, and solicitation strategies to the extent that these activities are not already protected under Section 99040, Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code, Section 1060 of the Evidence Code, or Section 7927.705 of the Government Code. (5) The identity of students and alumni to the extent that this information is already protected under state and federal statutes applicable to the California Community Colleges. This paragraph shall not apply to a part-time or full-time employee of the auxiliary organization, or to a student who participates in a legislative body of a student body organization that operates on a campus of a California community college. (b) Subdivision (a) shall not be construed to exempt from disclosure records that contain information regarding any of the following: (1) The amount and date of a donation. (2) Any donor-designated use or purpose of a donation. (3) Any other donor-imposed restrictions on the use of a donation. (4) (A) The identity of a donor who, in any fiscal year, makes a gift or gifts, in a quid pro quo arrangement, where either the value of the benefit received is in excess of two thousand five hundred dollars ($2,500) or the benefit would be impermissible under state or federal law. In these circumstances, records pertaining to the gift or gifts maintained by an auxiliary organization that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (B) Annually, on January 1, the monetary threshold set forth in subparagraph (A) shall be adjusted upward or downward to reflect the percentage change in the Consumer Price Index, as calculated by the United States Bureau of Labor Statistics, rounded off to the nearest one thousand dollars ($1,000). (5) Self-dealing transactions, including, but not limited to, loans of money or property, or material financial interests of or between auxiliary officers or directors and an auxiliary organization, as set forth in Sections 5233 and 5236 of the Corporations Code. In these circumstances, records pertaining to the self-dealing transactions maintained by an auxiliary organization that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (6) Any instance in which a volunteer or donor of a gift is awarded, within five years of the date of the service or gift, a contract from the university or auxiliary organization that was not subject to competitive bidding. In these circumstances, records pertaining to the service or gift maintained by an auxiliary organization that would otherwise be exempt from disclosure under paragraph (1) of subdivision (a) shall be disclosed. (Amended by Stats. 2021, Ch. 615, Sec. 77. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72696.5. Source version: id_bf59f0a3-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. (a) Notwithstanding any provision of law, trade secrets, as defined in Section 3426.1 of the Civil Code, shall not be subject to disclosure. This information shall be redacted from auxiliary organization records before disclosure. (b) For purposes of this section, “trade secrets” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that does both of the following: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use. (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72697. Source version: id_bf5a17b5-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any record or class of records maintained by an auxiliary organization under this article. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72698. Source version: id_bf5a3ec7-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. (a) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain records maintained by an auxiliary organization are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties, and any oral argument and additional evidence as the court may allow. (b) If the court finds that an auxiliary organization official’s decision to refuse disclosure is not justified under this article, he or she shall order the official to make the record public. If the judge determines that the official was justified in refusing to make the record public, he or she shall return the item to the official without disclosing its content with an order supporting the decision refusing disclosure. (c) An order of the court, either directing disclosure by an auxiliary organization or supporting the decision of the auxiliary organization official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (d) The court shall award court costs and reasonable attorney’s fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and reasonable attorney’s fees shall be paid by the auxiliary organization of which the official is a member or employee and shall not become a personal liability of the auxiliary organization official. If the court finds that the plaintiff’s case is clearly frivolous, the court shall award court costs and reasonable attorney’s fees to the auxiliary organization. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72699. Source version: id_e26ae1e2-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. (a) Notwithstanding any other provision of law, and except as provided for in subdivision (c), whenever an auxiliary organization discloses a record it maintains that is otherwise exempt from this article, this disclosure shall constitute a waiver of the exemptions specified in this article. (b) For purposes of this section, “auxiliary organization” includes a member, agent, volunteer, or officer of the auxiliary organization acting within the scope of his or her affiliation with the organization. (c) Subdivision (a) shall not apply to the following disclosures: (1) Disclosures made to a donor or prospective donor with regard to that donor’s donation or prospective donation to an auxiliary organization. (2) Disclosures made to a volunteer or prospective volunteer with respect to that volunteer’s services being provided to the auxiliary organization. (3) Disclosures made through other legal proceedings or as otherwise required by law. (4) Disclosures within the scope of a disclosure required by law that limits disclosure of specified writings to certain purposes. (5) Disclosures described in subdivision (a) of Section 72696 to an auditor conducting an audit. (6) Disclosures described in subdivision (a) of Section 72696 to a bank or similar financial institution in the course of ordinary financial transactions, or in response to a request from the bank or other financial institution relating to the ordinary delivery of financial services. (Amended by Stats. 2012, Ch. 162, Sec. 41. (SB 1171) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72700. Source version: id_bf5adb0b-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. Any provision in a contract entered into after the effective date of this article between an auxiliary organization and another party that would prevent the disclosure of information required to be disclosed pursuant to this article is void and unenforceable, and such a provision shall not justify a failure to comply with the requirements of this article. (Added by Stats. 2011, Ch. 247, Sec. 1. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 45. DISTRICTS AND GOVERNING BOARDS [72000 - 72701] CHAPTER 6. Miscellaneous Provisions [72620 - 72701] ARTICLE 7. The Richard McKee Transparency Act of 2011 [72690 - 72701] SECTION 72701. Source version: id_3fc6ee45-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=45.&chapter=6.&article=7. This article shall not apply to any records subject to a request made pursuant to the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 78. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ARTICLE 1. Legislative Intent and Purpose [74000 - 74001] SECTION 74000. Source version: id_fe311f18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=1.&article=1. The Legislature hereby declares as its policy that all of the territory of the state shall be included within a community college district, except that territory located within a county where the county residents accounted for fewer than 350 units of average daily attendance in the state’s community colleges during the preceding fiscal year. The territory located within such a county may be included within a community college district pursuant to the procedures prescribed by Article 2 (commencing with Section 74130) of Chapter 2. (Amended by Stats. 1990, Ch. 1372, Sec. 361.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ARTICLE 1. Legislative Intent and Purpose [74000 - 74001] SECTION 74001. Source version: id_fe311f1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=1.&article=1. On and after January 1, 1983, the provisions of Article 1 (commencing with Section 4000) of Chapter 1 of Part 3 and Articles 2 and 3 (commencing with Section 35720) of Chapter 4 of Part 21 shall apply to actions to reorganize community college districts, as may be applicable, except that whenever any reference is made to the State Board of Education in those provisions the reference shall be deemed, for the purpose of community college district reorganization, to be the Board of Governors of the California Community Colleges. (Amended by Stats. 1990, Ch. 1372, Sec. 362.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ARTICLE 2. Definitions [74012 - 74016] SECTION 74012. Source version: id_fe311f1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=1.&article=2. (a) “Component school district” means a high school or unified school district which is included within a community college district. (b) “Nondistrict territory” means a high school or unified school district which is not included within any community college district. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ARTICLE 2. Definitions [74012 - 74016] SECTION 74013. Source version: id_fe311f20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=1.&article=2. “Former district” means a district which has been wholly included in another district. The boundaries of a former district are those of the district as it existed immediately prior to being wholly included in another district. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ARTICLE 2. Definitions [74012 - 74016] SECTION 74014. Source version: id_fe32a5c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=1.&article=2. An “action to reorganize districts” means an action to transfer all or part of a district to another district, to annex nondistrict territory to a district, to form a new district, or to otherwise alter the boundaries of a community college district, or any combination of such actions. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ARTICLE 2. Definitions [74012 - 74016] SECTION 74015. Source version: id_fe32a5c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=1.&article=2. “County committee” means the county committee on school district organization, organized and acting as provided for in Article 1 (commencing with Section 4000) of Chapter 1 of Part 3, or the county board of education, organized and acting as provided for in Article 2 (commencing with Section 4020) of Chapter 1 of Part 3, and performing the duties as described in Articles 2 and 3 (commencing with Section 35720) of Chapter 4 of Part 21. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 1. Legislative Intent and Definitions [74000 - 74016] ARTICLE 2. Definitions [74012 - 74016] SECTION 74016. Source version: id_fe32a5c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=1.&article=2. “Affected districts” means any component school district or nondistrict territory within the territory to be transferred, annexed, or formed, or both, or any community college district subject to an action to reorganize districts. (Added by Stats. 1986, Ch. 964, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74100. Source version: id_fe342c6c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. An action to reorganize one or more districts by the transfer of territory to another district is initiated upon the filing of a petition with the county superintendent of schools having jurisdiction. A petition to reorganize districts by the transfer of territory to another district shall be signed by either of the following: (a) Where the petition is to transfer territory currently located in one district, at least 25 percent of the registered voters residing in the territory proposed to be transferred shall sign the petition. Where the petition is to transfer territory currently located in two or more districts, at least 25 percent of the registered voters residing in the territory proposed to be transferred in each district shall sign the petition. (b) A majority of the members of each of the governing boards of the districts which would be affected by the proposed reorganization. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74102. Source version: id_fe342c6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. In any petition to reorganize districts by transfer, there shall be designated no more than three of the petitioners as chief petitioners for the purpose of receiving notice of any public hearings to be held on the petition. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74103. Source version: id_fe342c70-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. The persons securing the signatures to a petition of electors to reorganize districts shall attach thereto an affidavit that all persons who signed the petition did so in the presence of the affiant and that each signature is a genuine signature of the person whose name it purports to be. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74104. Source version: id_fe342c72-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. Upon receipt of the petition, the county superintendent of schools shall transmit a copy of the petition to the board of governors. The county superintendent of schools, within 30 days after the petition for reorganization is filed, shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, shall transmit the petition simultaneously to the county committee, the governing board of each affected district, and the board of governors. Notwithstanding any provision of this article to the contrary, if the transfer involves a minor change in district boundaries, defined as a transfer of territory involving less than 5 percent of the adult population of the district from which the transfer is being made, the petition may be transmitted directly to the county board of supervisors by the county superintendent of schools, without submission to the county committee on school district organization. The procedure specified in this paragraph may not be utilized more than once every five years. (Amended by Stats. 1990, Ch. 1372, Sec. 371.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74105. Source version: id_fe35b314-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. Within 90 days after receipt of the petition, the county committee shall hold one or more public hearings on the petition at a regular or special meeting in each of the districts affected by the petition. Notice of the public hearing shall be given at least 10 days in advance of the date of the hearing to the chief petitioners, to the governing board of all districts affected by the proposed transfer, the board of governors and to all other persons requesting notice of the hearing. (Amended by Stats. 1990, Ch. 1372, Sec. 372.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74106. Source version: id_fe35b316-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. (a) The county committee may add to the petition any appropriate provisions which were not included in the petition as filed, and may amend any provision which was so included. (b) At least 10 days before the public hearing on the petition, the county committee shall make available to the public, the governing boards affected by the petition, and the board of governors, a description of the petition and a report which includes a description or analysis of all the following: (1) The rights of the employees in the affected districts to continued employment. (2) The financial impact of the proposed change on each affected district. (3) Whether the districts involved will be governed, in part, by provisions of a city charter and, if so, in what way. (4) A description of the territory affected. (5) A description of how the property, obligations, and bonded indebtedness of existing districts will be divided. (6) Whether the reorganization will significantly affect racial or ethnic composition of districts. (7) Determination of impact of proposed change upon boards of trustees. (8) A draft statement of the terms of the agreement regarding all conditions of the transfer, when applicable, for consideration by governing boards of affected districts. (9) Whether the change is compatible with the district master plan of the county. (Amended by Stats. 1990, Ch. 1372, Sec. 373.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74107. Source version: id_fe35b318-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. Within 90 days after affording the public an opportunity to comment on the petition, the report, and the recommendations included in the report, the county committee shall forward a copy of the petition and the report documents to each district governing board and the board of governors for review. No transfer shall be made unless a majority of the members of the governing board of the district to which the territory is to be transferred sign a statement agreeing to all conditions of the transfer at a public meeting conducted for that purpose. Upon completion of the public meeting, the receiving governing board shall return the petition and statement of agreement, together with a notice of action, to the county committee. (Amended by Stats. 1990, Ch. 1372, Sec. 374.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74108. Source version: id_fe35b31a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. The county committee may approve a petition only if either of the following conditions are met: (a) The petition is to transfer uninhabited territory from one district to another and the owner of the territory, or a majority of the owners of the territory, and the governing board of the receiving district involved in the transfer consent to the transfer. (b) The petition is to transfer inhabited territory and all the following conditions are satisfied. (1) The governing board of the receiving district has consented to all conditions of transfer by an agreement signed by a majority of the members of the board. (2) The county committee finds that: (A) The transfer will not result in any increased cost to the state. (B) The transfer will not result in a reduction in state aid to community college districts not party to the petition. (C) The reallocation of local property tax revenues has been accurately determined and will be appropriately transferred. (D) The transfer will not significantly affect the racial or ethnic composition of the districts affected. (E) The transfer will not decrease educational opportunities for residents of all districts involved. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74109. Source version: id_fe3739bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. Whenever a county committee approves a petition, within 10 days it shall transmit a copy of the approved petition, together with any related information or recommendations, to the Board of Governors of the California Community Colleges for review. (Amended by Stats. 1990, Ch. 1372, Sec. 376.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 1. Transfer [74100 - 74110] SECTION 74110. Source version: id_fe3739be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=1. Whenever the county committee rejects a petition, it shall notify the chief petitioners and the board of governors of its action and provide in writing the basis for rejection. The county committee need not accept a new petition on the same territory filed within 12 months of its decision. (Amended by Stats. 1990, Ch. 1372, Sec. 377.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74130. Source version: id_fe3739c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. Provisions of this article shall apply only to petitions to include in an existing community college district a high school or unified school district which is contiguous to that community college district and presently not in any community college district subject to provisions of Section 74000. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74131. Source version: id_fe3739c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. An action to annex nondistrict territory to an existing community college district is initiated upon the filing with the county superintendent of schools having jurisdiction of a petition signed by any one of the following: (a) At least 25 percent of the registered voters residing in the nondistrict territory to be annexed. If two or more high school or unified school districts are involved, the petition shall be signed by at least 25 percent of the registered voters in each school district. (b) A majority of the members of the governing board of any high school or unified school district proposing annexation. (c) A majority of the members of the governing board of the community college district which would receive the annexed territory under the proposal. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74132. Source version: id_fe3739c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. (a) A petition initiated under subdivision (a) or (b) of Section 74131 shall be filed with the county superintendent of schools having jurisdiction over the nondistrict territory. (b) A petition initiated under subdivision (c) of Section 74131 shall be filed with the county superintendent of schools having jurisdiction over the territory in which the community college district is located. (Amended by Stats. 1990, Ch. 1372, Sec. 379.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74133. Source version: id_fe38c068-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. The provisions of Sections 74102 and 74103 shall apply to a petition for annexation. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74134. Source version: id_fe38c06a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. Upon receipt of the petition the county superintendent of schools shall transmit a copy of the petition to the board of governors. Within 30 days after the petition for reorganization is filed, the county superintendent shall examine the petition and, if he or she finds it to be sufficient and signed as required by law, shall transmit the petition simultaneously to each of the following: (a) The governing board and district superintendent of each district affected by the proposed annexation. (b) The county superintendent and county committee of each county which has jurisdiction over any district affected by the proposed annexation. (c) The board of governors. When applicable, Article 4 (commencing with Section 74180) shall also control. (Amended by Stats. 1990, Ch. 1372, Sec. 381.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74135. Source version: id_fe38c06c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. (a) The county committee may add to the petition any appropriate provisions which were not included in the petition as filed and may amend any provision which was so included. (b) At least 10 days before the public hearing on the petition, the county committee shall make available to the public, to the governing boards affected by the petition, and to the board of governors a description of the petition and a report which includes a description or analysis of the impact of the proposed change upon the following: (1) Funding of each affected unified or high school and community college district, including determination of level and sources of local property or special taxes to be levied for general purposes of the recipient community college district. The property tax contribution to the district shall not be less than the proportion that the tax levied in the 1977–78 fiscal year in the territory affected pursuant to former Chapter 8 (commencing with Section 2100) of Part 2 bore to the total property tax levied in that territory in the 1977–78 fiscal year. Alternative sources of local tax contribution to the recipient district, as may be permitted by law, shall be included in the committee’s report. (2) Existing property, obligations, and bonded indebtedness. (3) Racial or ethnic composition of the recipient district. (4) Governing board of recipient district. (5) County district master plan. (6) Any matter considered significant by the county committee. (Amended by Stats. 1990, Ch. 1372, Sec. 382.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74136. Source version: id_fe38c06e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. Within 90 days after affording the public an opportunity to comment on the petition, the report, and the recommendations included in the report, the county committee shall forward a copy of the petition and the report to each affected governing board and the board of governors for review. (Amended by Stats. 1990, Ch. 1372, Sec. 383.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74137. Source version: id_fe38c070-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. The governing board of the district to which the territory is to be transferred shall set a date for a public hearing on the petition which shall be within 60 days of the receipt of the petition forwarded pursuant to Section 74136, and the county superintendent shall notify the chief petitioners of the times and places of the hearings, where appropriate. At the hearings, interested persons shall be given an opportunity to present their views on the petition. The governing board of the receiving district then shall either approve or deny the petition. No annexation shall be made unless a majority of the members of the governing board of the receiving district sign a statement agreeing to all conditions of the transfer at the hearings. Upon completion of the hearings, the governing board of the receiving district shall return the petition, together with a notice of action, to the county committee. (Amended by Stats. 1986, Ch. 964, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74138. Source version: id_fe38c072-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. The county committee may approve the petition only if all of the following conditions are met: (a) The governing board of the receiving district has consented to all conditions of annexation by an agreement signed by a majority of the members of the board. (b) The county committee finds that: (1) The annexation will not result in any increased cost to the state. (2) The annexation will not result in a reduction in state aid to community college districts not party to the petition. (3) The allocation of local property tax revenues has been accurately determined and will be appropriately implemented. (4) The annexation will not significantly affect the racial or ethnic composition of the district affected. (5) The annexation will not decrease education opportunities for residents of districts involved. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74139. Source version: id_fe3a4714-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. Whenever a county committee approves a petition, within 10 days it shall transmit a copy of the approved petition, together with any related information or recommendations, to the Board of Governors of the California Community Colleges for review. (Amended by Stats. 1990, Ch. 1372, Sec. 386.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 2. Annexation [74130 - 74140] SECTION 74140. Source version: id_fe3a4716-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=2. Whenever a county committee rejects a petition, it shall notify the chief petitioners and the board of governors of its action and provide in writing the basis for rejection. The county committee need not accept a new petition on the same territory filed within 12 months of its decision. (Amended by Stats. 1990, Ch. 1372, Sec. 387.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74150. Source version: id_fe3a471a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. Provisions of this article shall apply only to petitions for the formation of a new community college district consisting of either nondistrict territory, territory of one or more existing community college districts, or a combination of nondistrict territory and the territory of one or more existing community college districts subject to the provisions of Section 74000. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74151. Source version: id_fe3a471c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. An action to form a new community college district is initiated upon the filing of a petition with the county superintendent of schools having jurisdiction. A petition to form a new community college district shall be signed by one of the following: (a) Where the territory to be formed into the new district is not a part of an existing district, at least 25 percent of the registered voters residing in that territory shall sign the petition. Where the petition is to form a new district by combining the territory of one or more existing community college districts, at least 25 percent of the registered voters residing in each affected existing district shall sign the petition. (b) A majority of the members of the governing board of each of the community college districts and of each of the high school or unified school districts located within the territory to be formed into a new community college district. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74152. Source version: id_fe3bcdbe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. The provisions of Sections 74102 and 74103 shall apply to a petition to form a new district. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74153. Source version: id_fe3bcdc0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. Within 30 days after the petition to form a new district is filed, the county superintendent of schools shall examine the petition, and, if the board of governors finds it to be sufficient and signed as required by law, shall transmit the petition simultaneously to each of the following: (a) The governing board of each component school district and community college district affected by the proposed formation. (b) The county superintendent and county committee of each county which has jurisdiction over each component school district and community college district affected. (c) The board of governors. (Amended by Stats. 1990, Ch. 1372, Sec. 390.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74154. Source version: id_fe3bcdc2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. (a) The county committee may add to the petition any appropriate provisions which were not included in the petition as filed and may amend any provision which was so included. (b) At least 10 days before the public hearing on the petition, the county committee shall make available to the public, to the governing boards of districts affected by the petition, and to the board of governors a description of the petition and a report which includes a description or analysis of the impact of the proposed change on the following: (1) Funding of each affected unified or high school and community college district, including a determination of the level and sources of local property or special taxes to be levied for general purposes of the proposed new community college district. In those instances where the new district is formed exclusively within nondistrict territory, the property tax contribution to the new district shall not be less than the proportion that the tax levied in the 1977–78 fiscal year in the territory affected pursuant to former Chapter 8 (commencing with Section 2100) of Part 2 bore to the total property tax levied in that territory in 1977–78. Alternative sources of local tax contribution to the recipient district, as may be permitted by law, shall be included in the committee’s report. (2) Property, obligations, and bonded indebtedness of the new district. (3) Racial or ethnic composition of the recipient district. (4) Governing board of the new district. (5) County district master plan. (6) Any matter considered significant by the county committee. (Amended by Stats. 1990, Ch. 1372, Sec. 391.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74155. Source version: id_fe3bcdc4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. Within 90 days after affording the public an opportunity to comment on the petition, the report, and the recommendations included in the report, a county committee shall forward a copy of the petition and the report to each affected governing board and the board of governors for review. (Amended by Stats. 1990, Ch. 1372, Sec. 392.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74156. Source version: id_fe3d5466-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. Each affected district governing board shall set a date for a hearing on the petition, which shall be within 60 days of the receipt of the petition forwarded pursuant to Section 74155, and the county superintendent shall notify the chief petitioners of the times and places of the hearings, where appropriate. At the hearings, interested persons shall be given an opportunity to present their views on the petition. The affected district governing boards then shall either approve or deny the petition. No new district shall be formed unless a majority of the members of a majority of the affected district governing boards sign a statement agreeing to all conditions of the formation at the hearings. Upon completion of the hearings, each affected school district governing board shall return the petition, together with a notice of action, to the county committee. (Amended by Stats. 1994, Ch. 1181, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74157. Source version: id_fe3d5468-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. The county committee may approve the petition only if all of the following conditions are met: (a) A majority of the affected district governing boards have consented to all conditions of the formation by an agreement signed by a majority of the members of each board. (b) The county committee finds that: (1) The formation will not result in any increased cost to the state. (2) The formation will not result in a reduction in state aid to community college districts not party to the petition. (3) The projected funding of the new district is adequate to meet its needs as projected during the first five years of operation. (4) The allocation of local property tax revenues has been accurately determined and will be appropriately implemented. (5) The formation will not significantly affect the racial or ethnic composition of the districts affected. (6) The formation will not decrease educational opportunities for residents of the districts affected. (Amended by Stats. 1994, Ch. 1181, Sec. 2. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74158. Source version: id_fe3d546a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. Whenever a county committee approves a petition, within 10 days it shall transmit a copy of the approved petition, together with any related information or recommendations, to the Board of Governors of the California Community Colleges for review. (Amended by Stats. 1990, Ch. 1372, Sec. 395.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 3. Formation [74150 - 74159] SECTION 74159. Source version: id_fe3d546c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=3. Whenever a county committee rejects a petition, it shall notify the chief petitioners and the board of governors of its action and provide in writing the basis for rejection. The county committee need not accept a new petition on the same territory filed within 12 months of its decision. (Amended by Stats. 1990, Ch. 1372, Sec. 396.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 2. Initiation of Petition and Local Review Procedures [74100 - 74180] ARTICLE 4. Procedures for Districts Located Within Different Counties [74180- 74180.] SECTION 74180. Source version: id_fe3edb10-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=2.&article=4. Where an action to reorganize or form districts would affect territory which is located in more than one county, or which is under the jurisdiction of more than one county superintendent of schools, the proceedings to be conducted or the actions to be taken by county officers or agencies shall be conducted or taken according to the provisions of Article 3 (commencing with Section 35520) of Chapter 3 of Part 21. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 3. Review by State Agencies [74201 - 74205] SECTION 74201. Source version: id_fe3edb14-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=3.&article= (a) Any person who questions the findings of a county committee that a proposed transfer of territory will not adversely affect the racial or ethnic composition of the colleges of the districts affected by the proposal may file an appeal with the board of governors within 30 days after a decision based upon the finding has been made. The appeal shall be based upon factual and statistical evidence. (b) If the board of governors denies an appeal filed pursuant to subdivision (a), the decision of the county committee shall stand. (c) If the board of governors rejects the findings of the county committee, the county committee shall hold another hearing in order to reconsider its decision based upon the findings of the board of governors. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 3. Review by State Agencies [74201 - 74205] SECTION 74202. Source version: id_fe4061b6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=3.&article= Upon receipt of an approved petition, the board of governors may make whatever inquiries or studies are necessary to validate information and recommendations submitted by the county committee prior to making a recommendation to the board of governors. When it is necessary for the Board of Governors of the California Community Colleges to evaluate a reorganization proposal, each county superintendent of schools and every other county officer in the counties affected and the superintendents of the districts affected and the county committee shall provide the information required to complete the review. (Amended by Stats. 1990, Ch. 1372, Sec. 399.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 3. Review by State Agencies [74201 - 74205] SECTION 74203. Source version: id_fe4061b8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=3.&article= The board of governors may return the petition for reorganization to the county committee for its reconsideration of information found to be incorrect in the proposal. The county committee shall take whatever action it deems necessary to verify the original proposal or to resubmit a corrected proposal pursuant to procedures described in Sections 74105 and 74106. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 3. Review by State Agencies [74201 - 74205] SECTION 74204. Source version: id_fe4061ba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=3.&article= At least 30 days prior to the date of the hearing, the board of governors shall announce the purpose of the proposal and the time and place of the hearing to each of the following: (a) The governing board and district superintendent of each district whose boundaries would be affected. (b) The county superintendent and county committee of each county which has jurisdiction over any of the districts whose boundaries would be affected. (c) The persons designated in the petitions as “chief petitioners.” (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 3. Review by State Agencies [74201 - 74205] SECTION 74205. Source version: id_fe4061bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=3.&article= After affording interested persons an opportunity to present their views on the proposal, the board of governors shall give notice of approval or disapproval to the county committee and county superintendents of schools having jurisdiction over any of the districts whose boundaries would be affected by the reorganization. Whenever a proposal is disapproved, the board of governors shall provide in writing the basis for rejection. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ARTICLE 1. Elections [74230- 74230.] SECTION 74230. Source version: id_fe41e862-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=4.&article=1. If approval is given pursuant to Section 74205 to a reorganization proposal which results in an increase in taxes levied on behalf of the districts involved or which requires changes in district governing boards, such as a change that results in the reapportionment of trustee areas or a change in the number of trustee areas, the county superintendent of schools, within 30 days after receiving notification pursuant to Section 74205, shall call an election. The election shall be called in the manner prescribed in Part 4 (commencing with Section 5000), and shall be conducted at the next available regular election scheduled in the territory of districts defined in the approved proposal according to the procedures prescribed by Sections 35757 to 35764, inclusive. (Amended by Stats. 1983, Ch. 1095, Sec. 8. Effective September 27, 1983.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ARTICLE 2. Board of Supervisors Procedures [74250 - 74251] SECTION 74250. Source version: id_fe41e866-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=4.&article=2. After the board of supervisors receives official notification that an action to reorganize districts has been approved as provided by law, the board of supervisors shall issue an order to change districts where required by the action, and to establish or reestablish the boundaries of the districts affected by the action. The order shall be entered in the county’s record of districts. If the action results in a change of district boundaries of the type described in Section 54900 of the Government Code, the order of the board of supervisors shall include the legal description of each district changed in the action and, immediately after making the order, the board of supervisors shall cause a copy of the order and a map or plat indicating the boundaries established for each district affected by the order to be filed as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 4. Elections and Board of Supervisors Procedures [74230 - 74251] ARTICLE 2. Board of Supervisors Procedures [74250 - 74251] SECTION 74251. Source version: id_fe41e868-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=4.&article=2. (a) An action to reorganize districts is complete when the board of supervisors makes the order pursuant to Section 74250. (b) After the expiration of one year from the date of the order, the order shall be conclusive evidence that the district has been legally organized, or the boundaries legally changed, as the case may be, and no suit shall be maintained which questions the validity of the organization or change of boundaries. (c) For purposes of district tax revenues and governance, the order shall be effective as of the beginning of the succeeding fiscal year. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 1. Territory of Districts [74262 - 74265.5] SECTION 74262. Source version: id_fe436f0e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=1. On or after January 1, 1983, a district shall not be reorganized to include territory which is separated from other portions of the territory of the district. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 1. Territory of Districts [74262 - 74265.5] SECTION 74263. Source version: id_fe436f10-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=1. Whenever territory is transferred or added by means of reorganization to another district in which trustee areas have been established, the territory being transferred shall become a part of the trustee areas to which it is contiguous. In the event that the territory being transferred is contiguous to more than one trustee area, terms of agreement to the transfer may include provisions for the division of the transferred territory among the trustee areas to which it is contiguous. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 1. Territory of Districts [74262 - 74265.5] SECTION 74264. Source version: id_fe44f5b2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=1. Territory within the boundaries of a city may not be withdrawn from a district governed by a board provided for in the charter of the city without the consent of the governing board of the district. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 1. Territory of Districts [74262 - 74265.5] SECTION 74265. Source version: id_fe44f5b4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=1. (a) (1) Notwithstanding any other provision of this part, an action to form a new community college district from a portion of an existing community college district shall be deemed to be approved as provided by law, for purposes of Section 74250, without election, when approval of that action is given by the Board of Governors of the California Community Colleges pursuant to Section 74205, provided that the proposed new district consists of an existing community college center and its service area, and all of the following conditions exist: (A) The existing community college center in the proposed new district is located in a county other than the county in which the headquarters of the existing community college district is located. (B) The community college center in the proposed new district is located 50 or more miles from any other campus or center in the existing community college district. (C) The existing community college district has a total full-time equivalent enrollment in the 1997–98 fiscal year of not less than 6,500 students and not more than 7,000 students, and the existing community college center, which would become the community college campus in the proposed new district, has a full-time equivalent enrollment in the 1997–98 fiscal year of not less than 1,200 students and not more than 1,500 students. (2) The Board of Governors of the California Community Colleges shall take action as provided in this subdivision at the first regularly scheduled meeting or special meeting after the operative date of the act that adds Section 74265.5. A new community college district formed pursuant to this section shall be formed as soon as practicable on or after July 1 of the calendar year in which the act that adds Section 74265.5 becomes operative. (b) The action to form a new community college district, as described in subdivision (a), shall be submitted for voter approval at an election that shall be called by the county superintendent of schools of the county in which the proposed new community college district is located upon the formation of a new community college district pursuant to subdivision (a). The election shall be called in the manner prescribed in Part 4 (commencing with Section 5000), and shall be conducted at the next available regular election scheduled in the territory of the new community college district defined in the approved proposal according to the procedures prescribed by Sections 35757 to 35764, inclusive. In the event that, pursuant to that election, the voters fail to approve that action, the new community college district formed pursuant to subdivision (a) shall be deemed to be thereupon annexed as a center by the community college district from which it was formed. (c) The election of the first governing board of the community college district formed pursuant to subdivision (a) shall be called and conducted together with the election provided for under subdivision (b). (d) Notwithstanding any other provision of law, the requirements set forth in Article 3 (commencing with Section 74150) of Chapter 2 do not apply to the action to form a new community college district described in subdivision (a). It is the intent of the Legislature that the formation of a district pursuant to this section not adversely affect the state funding of community college districts in subsequent fiscal years. (e) Upon the formation of a new community college district pursuant to this section, the county superintendent of schools for the county in which the new district is situated shall appoint an interim governing board for the new district pursuant to application and selection procedures established by the county superintendent. There shall be five at-large appointees, and these appointees shall constitute the governing board of the new community college district until the members of the governing board elected pursuant to subdivision (c) take office or, in the event that the voters fail to approve the action of forming the new community college district, until the new community college district is annexed, pursuant to subdivision (b), by the community college district from which it was formed. (f) After the effective date of the formation of the new community college district pursuant to this section, one district may contract with the other district for the performance of services under terms and conditions that may be agreed upon by the two districts. (g) (1) Notwithstanding any other provision of law, after the effective date of the formation of a new community college district pursuant to this section, the new community college district shall receive all state funding to which a district of its enrollment with fully accredited programs of instruction would be entitled. Funds authorized, appropriated, or apportioned for distribution to the new community college district, regardless of source, and regardless of whether those funds are presently being handled by the county office of education in which the existing district is headquartered, shall be transferred to, directed to, and channeled through, the county office of education for the county in which the new district is located. (2) Notwithstanding any other provision of law, the property tax properly attributable to the territory of the new district shall also be transferred to the county office of education for the county in which the new district is located as of July 1 of the calendar year in which the transfer becomes effective. (h) When procedures implemented pursuant to this section require notice to affected county agencies, and if the territory of the new and old districts is located in more than two counties, then these notices are required to be provided only to the two counties containing the largest parcels of territory comprising the old and new community college districts. (Amended by Stats. 1999, Ch. 82, Sec. 2. Effective July 12, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 1. Territory of Districts [74262 - 74265.5] SECTION 74265.5. Source version: id_fe44f5b6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=1. (a) Except as otherwise provided in this section, the disposition of records, funds, property, and obligations when a community college district is formed as specified in Section 74265 shall be governed by Article 3 (commencing with Section 74280) and by any applicable regulations adopted by the Board of Governors of the California Community Colleges. (b) The existing community college district and a new community college district established pursuant to Section 74265 shall enter into an agreement providing for matters relating to the formation of a new community college district. Those matters to be included in the agreement include, but are not limited to, all of the following: (1) Assignment of existing academic employees and classified employees. (2) Division and disposition of all interests in property, buildings, fixtures, and leases thereon, including, but not necessarily limited to, any agreement entered into pursuant to Chapter 2 (commencing with Section 81300) of Part 49. (3) Facilities and equipment, including, but not limited to, existing obligations for the acquisition, procurement, or maintenance of electronic systems, materials, goods, and services. (4) Division and transfer of funds and obligations, other than bonded indebtedness, affected by the formation of the proposed new community college district. (5) Transfer of all records required to be maintained by a community college district, including student records maintained in accordance with Chapter 1.5 (commencing with Section 76200) of Part 47. (6) Division and transfer of all existing and potential rights, obligations, and liabilities, whether at law or in equity. (c) The agreement to be entered into pursuant to this section shall expressly provide that the proposed new community college district shall successfully complete accreditation as required by law on or before a date to be specified in the agreement. Nothing in this subdivision shall require the existing community college district to sustain accreditation for the proposed new community college district after the date specified in the agreement for the proposed new community college district to complete accreditation. (d) The agreement to be entered into pursuant to this section shall specify that funds derived from the sale of bonds issued by the existing community college district shall be used for the acquisition, construction, or improvement of college property only in the territory comprising the existing community college district after formation of the proposed new community college district or to discharge the bonded indebtedness of the existing community college district, except that, if the bonded indebtedness is assumed by the proposed new community college district, the funds may be used in any area of the new district for the purposes for which the bonds were originally voted. (e) For purposes of this section, the interim board of governors appointed by the county superintendent of schools shall be deemed authorized at all times to execute the agreement provided for by this section on behalf of the proposed new community college district until the members of the first elected governing board of the new community college district take office in accordance with Section 74265. (Added by Stats. 1999, Ch. 82, Sec. 3. Effective July 12, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 2. Personnel in Reorganized Districts [74270- 74270.] SECTION 74270. Source version: id_fe467c5a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=2. (a) The reorganization of any district or districts shall not affect the classification of academic employees already employed by any district affected. Those employees shall have the same status with respect to their classification by the district, including time served as probationary employees of the district, after the reorganization as they had prior to it. If the reorganization results in the college or other place in which any of these employees is employed being maintained by another district, the employee, if a permanent employee of the district that formerly maintained the college or other place of employment, shall be employed as a permanent employee of the district which thereafter maintains the college or other place of employment, unless the employee elects prior to February 1 of the year in which the action will become effective for all purposes to continue in the employ of the first district. If the employee is a probationary employee of the district that formerly maintained the college or other place of employment, he or she shall be employed by the district which thereafter maintains the college or other place of employment, unless the probationary employee is terminated by the district pursuant to Section 87610.1 or 87740, and, if not so terminated, his or her status with respect to classification by that district shall be the same as it would have been had the college or other place of employment been continued to be maintained by the district which formerly maintained it. As used in this section, “the college or other place in which any of these employees is employed” and all references thereto, includes, but is not limited to, the services or program that, as a result of any reorganization of a district, will be provided by another district, regardless of whether any particular building or buildings in which that service or program was conducted is physically located in the new district and regardless of whether any new district resulting from the reorganization elects to provide for the education of its students by contracting with another district until the time as the district constructs its own facilities. (b) The reorganization of any district, or districts, shall not affect the rights of persons employed in classified positions to retain the salary, leaves, and other benefits which they would have received if the reorganization had not occurred and in the manner provided in this section: (1) All employees of every district that is included in any other district shall become employees of the new district. (2) When a portion of the territory of any district becomes part of another district, employees regularly assigned to perform their duties in the territory affected shall become employees of the acquiring district. Employees whose assignments pertained to the affected territory, but whose employment situs was not in the territory, may elect to remain with the original district or become employees of the acquiring district. (3) When the territory of any district is divided between, or among, two or more districts and the original district ceases to exist, employees of the original district regularly assigned to perform their duties in any specific territory of the district shall become employees of the district acquiring the territory. Employees not assigned to specific territory within the original district shall become employees of any acquiring district at the election of the employees. (4) Employees regularly assigned by the original district to any college in the district shall be employees of the district in which the college is located. Except as provided in this section, nothing in this section shall deprive the governing board of the acquiring district from making reasonable reassignments of duties. (Amended by Stats. 1995, Ch. 758, Sec. 87. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] SECTION 74280. Source version: id_fe4802fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=3. The agreement of transfer required by Section 74107 shall provide for the allocation of funds, property, and obligations affected by the transfer, except for bonded indebtedness. The following procedure may be used to determine such allocation: (a) The real property and personal property and fixtures normally situated thereat shall be the property of the district in which the real property is located. (b) All other property, funds, and obligations, except bonded indebtedness, shall be divided pro rata among the districts in which the territory of the former district is included. The basis for the division and allocation shall be the assessed valuation of the part of the former district which is included within each of the districts. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] SECTION 74281. Source version: id_fe480300-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=3. If a dispute arises between the governing boards of the districts concerning the division of funds, property, or obligations, a board of arbitrators shall be appointed which shall resolve the dispute. The board shall consist of one person selected by the district from which the territory is withdrawn, one person selected by the district of which it has become a part, and a third person appointed by the county superintendent of schools having jurisdiction. If more than one county superintendent of schools has jurisdiction over the affected districts, county superintendents involved shall jointly appoint an arbitrator. The districts involved may mutually agree that the person appointed as arbitrator by the county superintendent of schools may act as sole arbitrator of the matters to be submitted to arbitration. The necessary expenses and compensation of the arbitrators shall be divided equally between the districts, and the payment of the portion of the expenses is a legal charge against the funds of the school districts. The arbitrator or arbitrators shall make a written finding on the matter submitted to arbitration. The written finding and determination of a majority of the board of arbitrators is final and binding upon the districts submitting the question to the board of arbitration. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized [74280 - 74284] SECTION 74284. Source version: id_fe480302-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=3. Notwithstanding any provisions of this article, exchanges of property tax revenues between districts as a result of reorganization shall be determined pursuant to subdivision (h) of Section 99 of the Revenue and Taxation Code. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 4. Bonded Indebtedness of Districts When Reorganized [74290- 74290.] SECTION 74290. Source version: id_fe4989a6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=4. (a) This article shall apply only to the reallocation of bonded indebtedness incurred prior to July 1, 1978. (b) When a district is reorganized, the liability for taxation for the outstanding bonded indebtedness of the district or the territory affected thereby is as provided in this article. The authorities whose duty it is to levy taxes for the payment of principal and interest on the outstanding bonds shall levy the taxes upon the districts affected in such proportions as are provided in, or are determined under, the authority of this article. (c) No territory shall be taken from any district having any outstanding bonded indebtedness and made a part of another district where the action, if taken, would so reduce the last equalized assessed valuation of a district from which the territory was taken that the outstanding bonded indebtedness of the district would exceed 5 percent of the assessed valuation remaining in the district for the level maintained, on the date the reorganization is effective. (d) When any district is in any manner merged with one or more districts so as to form a single district by any procedure, the district so formed is liable for all of the outstanding bonded indebtedness of the districts united or merged. (e) When territory is taken from one district and transferred to another district and the area transferred contains no college property or buildings, the territory shall drop any liability for outstanding bonded indebtedness in the district of which it was formerly a part and shall automatically assume its proportionate share of the outstanding bonded indebtedness of the district of which it becomes a part. (f) When territory is taken from one district and transferred to another district by any procedure and the area transferred contains college buildings or property, the district to which the territory is annexed shall take possession of the building and the equipment on the day when the annexation becomes effective for all purposes. The territory transferred shall cease to be liable for the bonded indebtedness of the district of which it was formerly a part and shall automatically assume its proportionate share of the outstanding bonded indebtedness of any district of which it becomes a part. (g) The acquiring district shall pay the original district the greatest of the amounts determined under paragraph (1) or (2). (1) The proportionate share of the outstanding bonded indebtedness of the original district, which proportionate share shall be in the ratio which the total assessed valuation of the transferring territory bears to the total assessed valuation of the original district in the year immediately preceding the date on which the annexation is effective for all purposes. This ratio shall be used each year until the bonded indebtedness for which the acquiring district is liable has been repaid. (2) That portion of the outstanding bonded indebtedness of the original district which was incurred for the acquisition or improvement of school lots or buildings, or fixtures located therein, and situated in the territory transferred. (h) The county board of supervisors shall compute for the reorganized districts an annual tax rate for bond interest and redemption which will include the bond interest and redemption on the outstanding bonded indebtedness specified in paragraph (1) or (2) of subdivision (g). The tax rate shall be levied in excess of any other ad valorem property tax authorized or required by law and shall not be included in the computation of the limitation specified in subdivision (a) or Section 1 of Article XIII A of the California Constitution. (Amended by Stats. 1990, Ch. 1372, Sec. 409.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] SECTION 74292. Source version: id_140c6a24-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=5. Notwithstanding any other provision of law, the following steps shall be taken to address the imminent risk that Compton Community College’s accreditation will be terminated by the regional accrediting body recognized by the Board of Governors of the California Community Colleges: (a) The Chancellor of the California Community Colleges is authorized to oversee all actions at the Compton Community College District related to the loss of the college’s accreditation and efforts described in this article to address that situation. The Compton Community College District shall reimburse the Board of Governors of the California Community Colleges for any expenses incurred by the chancellor or his or her staff in carrying out this oversight responsibility. (b) The Compton Community College District shall complete the provision of instruction for all classes for which it intends to claim apportionment prior to the date of its loss of accreditation. (c) Notwithstanding any other provision of law, the Compton Community College District shall continue to be eligible to receive state funding as provided in this article even if its accreditation is terminated. (d) (1) The Compton Community College District shall identify a partner district that will agree to provide accredited instructional programs to students residing in the Compton Community College District. The special trustee assigned to the Compton Community College District pursuant to Section 71093 and the partner district are authorized to enter into one or more agreements to provide instructional services or other services, and to make any other necessary preparations to implement the educational programs described in this article, as well as any related necessary administrative or support services, in a timely manner so as to ensure that services to Compton Community College students will not be interrupted and that those students will remain eligible for federal financial assistance. The agreement or agreements shall provide that the partner district is entitled to receive a reasonable administrative fee to be fixed by the mutual agreement of the parties. (2) The partner district shall be a district in good standing with the Accrediting Commission for Community and Junior Colleges (ACCJC), and shall have successfully completed the accreditation cycle and secured accreditation for its colleges. A district with a college that is on warning, probation, or show-cause status with the ACCJC, or that is being monitored for fiscal stability by the chancellor’s office is not considered a district in good standing for the purposes of this article. (e) The partner district may offer any programs or courses for which it has secured applicable approvals. In addition, any programs and courses that were previously approved by the board of governors to be offered by the Compton Community College District may continue to be offered by the partner district in the territory of the Compton Community College District without additional state approval until June 30, 2011. (f) No later than 30 days after Compton Community College’s loss of accreditation, the board of governors shall approve the facilities of Compton Community College as an off-campus educational center of the partner district. The center shall be known as the Compton Community Educational Center. The board of governors shall give notice of its approval to the county committee and county superintendent having jurisdiction over any territory affected by the action. (g) The board of governors may permanently or temporarily waive any of its regulatory requirements necessary to effectuate this article, including, but not necessarily limited to, its regulations regarding educational centers. (h) The partner district is eligible to provide instruction at the center without the recommendation of the California Postsecondary Education Commission under Section 66904 until the district secures the commission’s recommendation for the facility to operate as an off-campus educational center or until June 30, 2011, whichever occurs first. (i) The partner district shall comply with all federal requirements to ensure that students taking classes offered by the partner district at the Compton Community Educational Center remain eligible for federal financial assistance. (j) Students enrolled in the Compton Community College District as of January 31, 2006, shall be subject to the following conditions: (1) The partner district shall ensure that any student who, by the end of the Spring 2006 term, has completed at least 75 percent of the courses required for the degree or certificate he or she is pursuing will be able to complete that program. Every reasonable effort shall be made to allow other students who have begun work toward a certificate or degree, but who have not completed 75 percent of the required coursework, to continue and complete their programs. (2) Students enrolling in classes provided by the partner district pursuant to this section shall be considered students of the partner district, shall receive credit from the partner district for classes they successfully complete, shall receive certificates or degrees they earn from the partner district, and shall receive financial aid through the partner district if they meet all applicable eligibility requirements. (3) The partner district shall maintain student records related to the attendance of students in classes it offers pursuant to this section in accordance with all applicable state and federal laws. (4) The partner district shall consider each student who enrolls for classes no later than the Spring 2007 term to be a continuing student for purposes of enrollment priorities. (5) Any regulations of the board of governors relating to minimum residence at the college granting a degree shall not be applicable. (k) The board of governors shall adopt any regulations necessary to implement this article. These regulations may be adopted as emergency regulations that may remain in effect for up to one year from the date of adoption, and shall not be subject to paragraph (5) or (6) of subdivision (a) of Section 70901.5 or to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (l) (1) The partner district shall provide the services described in this article for a minimum of five years from the date those services commence pursuant to subdivision (d), and shall thereafter provide the services for any additional period determined necessary by the board of governors. In addition, the board of governors may require, in its sole discretion, that the services described herein be modified or terminated at an earlier date based on the best interests of the California Community Colleges system and its students. (2) Notwithstanding paragraph (1), either the partner district or the special trustee appointed pursuant to Section 71093 may initiate termination of the agreements described in subdivision (d) by giving 180 days’ written notice to the other party and to the board of governors. No termination pursuant to this subdivision may take effect until the end of the semester following the notice provided under this paragraph, so as to protect students from a mid-term interruption of educational services. Should the partner district provide notice of a desire to terminate any agreements at a time when the trustee determines that services provided under those agreements are still necessary to serve the interests of Compton students and residents or at a time when the Compton Community College District is not fully accredited and bonds issued pursuant to Section 41329.52 are outstanding, the partner district shall continue the services until it can secure a district to provide uninterrupted comparable services to the satisfaction of the special trustee. (m) (1) The Compton Community College District shall continue to be responsible for ensuring that all of its permanent records are retained and stored as required by state law and that all records related to its administration of programs under Title IV of the federal Higher Education Act are retained for a minimum of three years after the conclusion of its participation in those programs. (2) The Compton Community College District shall be responsible for institutional actions related to the loss of accreditation, including actions that are required under Section 688.26 of Title 34 of the Code of Federal Regulations, related to the ending of the participation of the Compton Community College District in programs under Title IV of the federal Higher Education Act, refunding any students’ unearned tuition and fees, refunding to the federal government any unexpended federal student financial aid funds, returning to lenders any loan proceeds not distributed to students, or the collection of outstanding student debts to the Compton Community College District. (n) In addition to addressing the ongoing educational needs of the students of the Compton Community College District, the partner district and the special trustee appointed pursuant to Section 71093 shall take steps aimed at achieving the goal of seeking renewed accreditation for Compton Community College at the earliest feasible date. Progress toward achieving this goal shall be periodically reported to the board of governors. (o) No person, firm or organization shall, without the permission of the Compton Community College District, use the name “Compton Community College,” or any name of which these words are a part, or any abbreviation thereof. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] SECTION 74292.5. Source version: id_146f2396-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=5. Notwithstanding any other provision of law, so long as any bond issued pursuant to Section 63049.67 of the Government Code for the Compton Community College District is outstanding, all real property leases securing those bonds shall be leased by the Compton Community College District, and not the Compton Community Educational Center or any partner district. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] SECTION 74292.7. Source version: id_14c5a808-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=5. Cal Grant awards to students of the Compton Community College District shall not be adversely affected by this article. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] SECTION 74293. Source version: id_1522bc2a-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=5. Notwithstanding any other provision of law: (a) The partner district shall provide educational programs, as described in Section 74292, at the Compton Community Educational Center on the following terms: (1) To the extent determined necessary by agreement between the Compton Community College District and the partner district, the Compton Community College District shall assign its current employees, or reemploy former employees, to provide educational or support services to students under the instructional services or other agreements described in Section 74292. The Compton Community College District has no obligation to assign or to reemploy persons who occupy or previously occupied administrative or supervisory positions to those positions. Notwithstanding any other provision of law, a person who provides services pursuant to this paragraph shall not be deemed to be an employee of the partner district or gain any status with the partner district for any purpose. (2) Individuals providing educational or support services pursuant to paragraph (1) who serve as academic employees or educational administrators shall meet applicable minimum qualifications established by the Board of Governors of the California Community Colleges as well as any other job-related qualifications for service that are established by the partner district. (3) The partner district shall have the primary right to direct activities under the contract or contracts in a manner that is consistent with the role of Compton Community College District as the employer of the individuals who are assigned duties under the agreements by the partner district. The partner district shall provide performance assessments to the special trustee appointed pursuant to Section 71093 regarding the services provided by employees of the Compton Community College District. (b) Nothing in this section shall be construed to limit the ability of the Compton Community College District to employ employees of any type or class as otherwise authorized by law as needed to provide necessary services. (c) The Compton Community College District shall continue to be responsible for all retiree benefits that it offered its employees prior to the date of its loss of accreditation and for retirement and other benefits for its employees assigned to provide services pursuant to subdivision (a). The partner district shall have no responsibility for any retiree or other benefits for persons provided by the Compton Community College District to serve under instructional services or other agreements described in this article. (d) Nothing in this section shall be construed to limit the ability of the partner district to assign its existing personnel to oversee or manage services provided under instructional services or other agreements described in Section 74292 or to employ employees of any type or class as otherwise authorized by law as needed to provide oversight and management of those services. Any person who provides services pursuant to this subdivision shall not be deemed to be an employee of the Compton Community College District or gain any status with that district for any purpose, and that person shall not lose any rights, benefits, or status that he or she had previously acquired with the partner district. (e) Nothing in this article shall be construed to interfere with, or require any change in, the existing bargaining units and collective bargaining agreements of the Compton Community College District. (f) All existing statutory due process protections for employees of the Compton Community College District shall remain in effect including, but not necessarily limited to, the provisions governing layoff or dismissal, acquisition of tenure, and all other provisions of the Education Code except as expressly provided in this article. (g) Nothing in this article shall be construed to interfere with or preclude negotiations with employee organizations in either of the districts over the effects, if any, of the partner district’s operation of the Compton Community College District. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] SECTION 74295. Source version: id_157d383c-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=5. Notwithstanding any other provision of law: (a) The Compton Community College District shall receive apportionment for courses provided at the Compton Community Educational Center by the partner district pursuant to Section 74292, subject to the transfer of moneys described in Sections 41329.53 and 41329.55 and in accordance with the following schedule: (1) For the 2005–06 fiscal year, an amount not less than the amount that was received by the Compton Community College District for the attendance of full-time equivalent students for the 2004–05 fiscal year. (2) For the 2006–07 fiscal year, an amount not less than 90 percent of the amount that was received by the Compton Community College District for the attendance of full-time equivalent students for the 2004–05 fiscal year. (3) For the 2007–08 fiscal year, an amount not less than 80 percent of the amount that was received by the Compton Community College District for the attendance of full-time equivalent students for the 2004–05 fiscal year. (4) For the 2008–09 fiscal year, an amount not less than 70 percent of the amount that was received by the Compton Community College District for the attendance of full-time equivalent students for the 2004–05 fiscal year. (b) In allocating funds for categorical aid to the Compton Community College District, the Chancellor of the California Community Colleges shall treat the Compton Community Educational Center as a separate college. (c) The Compton Community College District shall not be subject to Section 84362 for the 2003–04 fiscal year to the 2008–09 fiscal year, inclusive. (d) Should the loss of accreditation by the Compton Community College result in a lapse of federal financial assistance to otherwise eligible students before their eligibility is recognized through the partner district, the Compton Community College District may use a portion of the proceeds from the loan described in Section 41329.58 to provide comparable amounts of assistance to eligible students. This replacement funding shall not extend beyond the end of the term during which the lapse of federal funding occurred. (e) The provisions of subdivision (a) shall be used solely to determine the apportionment funding to be allocated to the Compton Community College District. In computing statewide entitlements to funding based upon the attendance of full-time equivalent students, neither the Compton Community College District nor its partner district shall be credited with more full-time equivalent students for the Compton Community College District than were actually enrolled in attendance. It is the intent of the Legislature that any amounts necessary to make the apportionments required pursuant to subdivision (a) shall be drawn from the total statewide funding available for community college apportionments. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] SECTION 74295.5. Source version: id_0627df98-e412-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=5. Notwithstanding any other law: (a) All of the following shall be applicable to a student who is enrolled at El Camino College Compton Center six months before the change in control of that institution from the El Camino Community College District to the Compton Community College District: (1) The Compton Community College District shall ensure that any student of El Camino College Compton Center who, by the end of the spring term immediately preceding the change in control of the institution, has completed at least 75 percent of the courses required for the degree or certificate that he or she is pursuing shall be able to complete that program at Compton College. The Compton Community College District shall make every reasonable effort to allow other students who have begun work toward a certificate or degree, but who have not completed 75 percent of the required coursework, to continue and complete their programs at Compton College. (2) The Compton Community College District shall consider each student of El Camino College Compton Center who enrolls for classes at Compton College to be a continuing student for purposes of enrollment priorities. (3) Regulations of the board of governors relating to minimum residence at a community college granting a degree shall not be applicable to these students. (b) For academic years 2018–19 to 2021–22, inclusive, the Compton Community College District shall be exempt from subdivision (d) of Section 84362. (Added by Stats. 2017, Ch. 757, Sec. 1. (AB 1299) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46. DISTRICT REORGANIZATION OR FORMATION [74000 - 74296] CHAPTER 5. Miscellaneous [74262 - 74296] ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation [74292 - 74296] SECTION 74296. Source version: id_15d56a5e-126b-11db-8cda-d071524d026e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.&chapter=5.&article=5. Notwithstanding any other provision of law: (a) In any action in which a court finds that any provision of this article is unlawful, or in any action challenging the implementation of this article, the Board of Governors of the California Community Colleges, the partner district, the Compton Community College District, and their respective officers, employees, and agents, are immune from the imposition of any award of money damages, including the award of attorney’s fees, except to the extent that any liability for those claims arises from the gross negligence or willful misconduct of the party claiming the immunity. (b) The state shall, from funds specifically appropriated for that purpose, indemnify and defend the partner district from and against any claims, other than claims based upon gross negligence or willful misconduct, arising out of its participation in the activities specified in this article. (Added by Stats. 2006, Ch. 50, Sec. 11. Effective June 30, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.3. The Common Cloud Data Platform [74500 - 74505] SECTION 74500. Source version: id_a4c03a18-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.3.&chapter=&article= This part shall be known, and may be cited, as the Common Cloud Data Platform. (Added by Stats. 2026, Ch. 79, Sec. 13. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.3. The Common Cloud Data Platform [74500 - 74505] SECTION 74501. Source version: id_a4c03a1a-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.3.&chapter=&article= For purposes of this part, both of the following definitions apply: (a) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (b) “Real time” means real-time data or near real-time data. (Added by Stats. 2026, Ch. 79, Sec. 13. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.3. The Common Cloud Data Platform [74500 - 74505] SECTION 74502. Source version: id_a4c03a1c-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.3.&chapter=&article= The chancellor’s office shall establish the Common Cloud Data Platform to create a unified, modern data infrastructure to enhance statewide reporting, data sharing, and available analytical tools across participating community college districts and the chancellor’s office. The Common Cloud Data Platform shall be designed to support community college student success initiatives, improve community college districts’ stewardship of resources and ability to use data-driven decisionmaking, and streamline community college administrative processes, in alignment with the vision and priorities adopted by the Board of Governors of the California Community Colleges. (Added by Stats. 2026, Ch. 79, Sec. 13. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.3. The Common Cloud Data Platform [74500 - 74505] SECTION 74503. Source version: id_a4c03a1e-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.3.&chapter=&article= The Common Cloud Data Platform shall be designed to enable, but not be limited to, all of the following: (a) Role-appropriate access to real-time data for chancellor’s office staff, community college district staff, faculty, students, and administrators that supports data-driven decisionmaking. This access may include community college district-level and chancellor’s office-level dashboards that enhance the analytics capabilities of community college districts and the chancellor’s office. (b) The integration and centralization of data from various enterprise resource planning and technology systems into a modern, cloud-based system. (c) The facilitation of data from existing and newly developed technology platforms for real-time data insights for the purposes described in Section 74502, which may include student success initiatives or the detection, prevention, and mitigation of fraud. (d) Empowering students, especially those taking courses across multiple community college campuses and multiple community college districts by offering seamless access to appropriate data, for purposes of supporting program completion and transfer pathways to the California State University and University of California systems. To the extent feasible, this support may also include support for associate degree for transfer pathways to independent institutions of higher education that offer associate degree for transfer opportunities. (Added by Stats. 2026, Ch. 79, Sec. 13. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.3. The Common Cloud Data Platform [74500 - 74505] SECTION 74504. Source version: id_a4c03a20-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.3.&chapter=&article= (a) Funding appropriated for the development, implementation, and systemwide adoption of the Common Cloud Data Platform shall support, but not be limited to, all of the following areas of work: (1) The development, integration, and expansion of a Common Cloud Data Platform for all community college districts that supports access and functionality for the purposes described in Section 74502, which may include enrollment management, student support, data access, dashboards, and future data system integrations. (2) The incorporation of advanced analytics tools, real-time dashboards, technology-based student support and retention solutions, and fraud detection and mitigation solutions. (3) Establishing and supporting consistent data quality assurance and governance processes to be used for the data integrated into the Common Cloud Data Platform. (4) Establishing common data quality assurance practices and functionality that streamlines the development and submission of data files and attendance accounting reports to the chancellor’s office. (b) The chancellor’s office may allocate up to 2 percent of the total amount appropriated for purposes of the Common Cloud Data Platform for state administrative operations to carry out the intent of this part. (Added by Stats. 2026, Ch. 79, Sec. 13. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.3. The Common Cloud Data Platform [74500 - 74505] SECTION 74505. Source version: id_a4c03a22-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.3.&chapter=&article= (a) The chancellor’s office shall submit an interim status report on or before March 31, 2027, and a final status report on or before January 31, 2029, to the Department of Finance and the relevant policy and fiscal committees of the Legislature, detailing the progress of the Common Cloud Data Platform. The reports shall include, but not be limited to, all of the following information: (1) The Common Cloud Data Platform’s implementation status and milestones achieved. (2) The Common Cloud Data Platform’s underlying impact on student outcomes and systemwide efficiencies. (3) The budget and expenditures of resources appropriated to support the Common Cloud Data Platform. (4) Any challenges encountered, and solutions implemented, during the development of the Common Cloud Data Platform. (b) The reports submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2026, Ch. 79, Sec. 13. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75000. Source version: id_49dcdc4e-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) This part shall be known, and may be cited, as the California Online Community College Act. (b) The Legislature finds and declares all of the following: (1) According to the United States Census Bureau, 2011–15 American Community Survey data, there are 2.5 million Californians between 25 and 34 years of age whose highest educational attainment is either high school or some college. Of this group, 80 percent are working, and nearly half are Hispanic. The public segments of higher education have traditionally not offered courses that are readily accessible to these Californians. Working adults should have access to high-quality, affordable, and flexible opportunities to pursue postsecondary education that does not conflict with their work and familial obligations. (2) California recognizes the dedication of every faculty member, classified staff member, manager, and administrator in the Community College system toward supporting the success of California’s community college students. As dedicated leaders, innovators, and educators, faculty will be integral to the success of the California Online Community College and improving the economic prosperity of numerous Californians. (3) Flexible educational options are also critical to those displaced by job loss triggered by recessions. Californians have generally had a difficult time recovering from the Great Recession, but those with an associate’s degree earned higher wages and fared better in the recovery than those with only a high school degree or some college. Labor force participation remains low among the working age population, and economists believe this is partially due to a skills mismatch. Furthermore, according to the Economic Policy Institute, 60 percent of jobs created during the economic recovery from 2010 to 2014 went to men versus 40 percent of jobs that went to women. (4) Immigrants, military veterans, and incarcerated or formerly incarcerated individuals could also benefit from the flexibility created by an affordable, high-quality online education that would allow them to improve their skills and advance their employment opportunities or stay relevant in their careers. (5) Online education is showing a trend of improving course success rates over time. Research indicates the importance of institutional factors, such as course design, institutional support, effective student orientation and support services, and the development of strategies to promote regular interaction, in contributing to online course success. Studies also indicate that older students generally perform better in online courses than younger students. (6) The cost for Californians to access online credentials, certificates, and associate’s degrees at nonpublic or out-of-state institutions is typically much higher—as much as seven to nine times higher per unit—than at a California community college. An affordable, high-quality, and flexible public online college provides an important alternative to other nonpublic online education options. (7) According to the Public Utilities Commission, approximately 95 percent of California households have wired broadband availability. Recent legislation authorized additional funding for broadband and establishment of regional goals intended to reduce urban-rural disparities in broadband access. Additionally, the budget provides funding for public libraries to expand access to broadband. (8) To ensure the future economic resiliency of California’s communities, the existing higher education infrastructure must be augmented with learning options that are focused on working learners, including options that are affordable, designed to be flexible for the schedule of working adults, and competency-based to facilitate portability of employable skills. With an open access mission, the California Community Colleges are positioned to work with a diverse population to increase wages and improve economic and social mobility in a rapidly changing economy. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75001. Source version: id_f46c7743-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) (1) The California Online Community College is hereby established. (2) The California Online Community College shall be under the administration of the board of governors. (3) The California Online Community College shall fulfill the purposes of this part, which includes the creation of an organized system of accessible, flexible, and high-quality online content, courses, and programs focused on providing industry-valued credentials compatible with the vocational and educational needs of Californians who are not currently accessing higher education. These courses and programs shall lead to a pathway offered at a traditional community college. (4) The college shall be considered a district and community college within the California Community Colleges system and the state’s public system of higher education. (5) For purposes of Section 14 of Article IX and Sections 8 and 8.5 of Article XVI of the California Constitution, “community college districts” shall include the California Online Community College established pursuant to paragraph (1). (b) The college shall be guided by principles and procedures developed by the chancellor’s office and established by the board of governors. These guiding principles shall include all of the following: (1) Offering working adults additional access to affordable, quality higher education opportunities with labor market value, especially industry-valued credentials based on competencies leading to employment, earnings gain, or upward mobility in the workplace, and not just courses leading to degrees and certificates. (2) Providing working adults with the necessary conditions for success with flexible course scheduling, start and stop-off times, technology-enabled support communities to deepen engagement and foster social belonging, and short-term credentials as demonstrations of academic progress. (3) Supporting student success by developing and implementing innovative teaching and student support methodologies and technologies, including leveraging student data to improve teaching and learning and to support individual student progression, providing quality onboarding of students to support their career exploration, goal-setting, educational planning, and support needs, and leveraging relevant technology resources where possible. (4) Enhancing systemwide student success efforts by using the college’s innovative teaching and student support methodologies and technologies to inform professional development opportunities available to the rest of the community college system. (5) Ensuring faculty roles are based on the skills needs of the college, such as online instructors, course developers, assessment developers, student mentors, reviewers, and 24-hour virtual classroom support, and ensuring flexible hiring processes that emphasize use of part-time and full-time faculty with field expertise to support emerging programs and shifts in labor market demand. (6) Addressing barriers faced by working adult students to access higher education, including, but not necessarily limited to, financial aid support, dealing with working learners’ prior educational debts that may impede release of transcripts and credits, pathway navigational help, contextualized academic preparation, navigation of family needs and other supports, and coaching and mentoring. (7) Aligning the college’s efforts with the broader goals outlined in the California Community Colleges system’s Vision for Success, or other strategic visions outlined by the board of governors, and holding the college accountable for its students’ outcomes and ensuring improved data collection on employment outcomes. (8) Offering working adults additional access to affordable, high-quality higher education opportunities with labor market value that lead to additional educational opportunities provided by either the California Online Community College or by another California community college. (c) The college may collaborate and work closely with other agencies, industry partners, and experts to ensure the success of the college, including, but not necessarily limited to, all of the following: (1) Students the college serves, to ensure the college meets their needs. (2) Community-based organizations, to provide student outreach to working learners across California. (3) Statewide public agencies, such as the State Department of Social Services, the California Labor and Workforce Development Agency, and the Department of Corrections and Rehabilitation, to incorporate strategies to provide immigrants and other groups with barriers to employment with educational opportunities. (4) Representatives from the labor community, to provide higher wage jobs for journey-level workers or augment apprenticeship training. (5) Industry and employer partners, including statewide public agency employers, state associations, large employers, and regional consortia of employers, to inform content that is driven by the demands of the labor market and relevant to regional workforce needs. (6) The California Community Colleges, to leverage their existing career technical education regional consortia, the Strong Workforce Program regional consortia, and adult education regional consortia. (7) Two-year and four-year institutions or a consortia, to promote recognition of student skills and knowledge toward degree pathways as well as a way to increase student access and transfers to additional higher educational opportunities. (d) The college shall conduct all of the following activities: (1) The college shall offer at least three program pathways within the first three years of program implementation, developed exclusively to serve the population of students not yet accessing postsecondary education or without their first industry-valued credential. The college shall create new programs that are not duplicative of programs offered at other local community colleges. (2) To ensure student success, the college shall also do all of the following: (A) Establish competency-based educational opportunities that recognize students’ prior learning and help students advance toward a credential. Competencies shall be established with the advice of appropriate faculty and employers, and shall be focused on knowledge and skills a student must demonstrate to pass a course and to earn a credential. Examples of prior learning include prior military service, registered apprenticeship training, industry-recognized certifications, or experience from other careers. Assessments shall be developed to enable students to demonstrate mastery and shall be mapped to the competencies. (B) Supplement registered apprenticeship programs and the California Apprenticeship Initiative training as appropriate, and create apprenticeship instructor upskilling training, courses, and programs that are valued by the labor and employer communities. (C) Identify opportunities to develop short-term, stackable credentials and industry certifications with labor market value. The college shall also leverage existing articulation agreements and develop new articulation agreements with other California Community Colleges, the California State University, the University of California, and other accredited public and independent institutions to facilitate stackability into credit-bearing courses and pathways. (D) Develop, adapt, or apply technology to meet the ongoing needs of students. (E) Develop a Research and Development Unit that utilizes current and future learning sciences technology, assesses data metrics within the college’s technological infrastructure to gauge student progress in a course or pathway, informs instructional and support strategies, and improves the functionality of the underlying technology used by the college. (F) Redesign transcripts in a digital, verifiable format that links coursework, credentials, and competencies to track a student’s entire body of learning in one document. Any redesigned transcript technology shall be a part of the integrated technology portfolio of the chancellor’s office and made available to any campus of the California Community Colleges. (G) Identify shortcomings in the student experience for unserved and underserved students and develop technological and programmatic solutions to address the gap. (H) Distribute gains in data and learning science and effective technology-enabled tools and resources throughout the California Community Colleges. (3) The college shall utilize and leverage, where appropriate, the programs and activities of the chancellor’s office, including the Online Education Initiative and the Zero-Textbook-Cost Degree Grant Program and Open Educational Resources, the Strong Workforce Program, and the Guided Pathways Program framework. This shall include both of the following activities and practices: (A) Organize newly developed content, courses, programs, and students supports, consistent with the Guided Pathways Program framework, that lead to a pathway at a traditional community college. (B) Utilize the Online Education Initiative’s existing social and technological infrastructure for students, instructors, and administrators, including all of the following: (i) Contribute to the Initiative’s common course management platform for online content and classes. (ii) Utilize and develop comprehensive, specialized student supports that are technology-enabled for scale and focused on the student experience, including, but not limited to, pathway navigation, online tutoring, online mentoring, and online help desk support. These supports, as well as the instructional delivery, shall be made available during nontraditional working hours to promote student success for the focus population. (iii) Leverage free or low-cost, high-quality online educational materials for students through Open Educational Resources and the Zero-Textbook-Cost Degree Grant. The college shall ensure any open educational resources that are developed are available for use by any California community college through the system’s common learning management platform. (iv) Enhance systemwide student success efforts by using the college’s innovative teaching and student support methodologies and technologies to inform professional development opportunities available to the rest of the system through the Online Education Initiative and the Institutional Effectiveness Partnership Initiative. (e) The college shall not enter into College and Career Access Pathways partnerships pursuant to Section 76004. (f) (1) It is the intent of the Legislature that the California Online Community College create unique content and deliver it in a manner that is not duplicative of programs offered at other local community colleges. (2) For each new program created, the chancellor’s office shall notify the Legislature and Department of Finance on how the program is not duplicative of programs offered at other community colleges. (g) Upon the establishment of an Academic Senate for the California Online Community College, the faculty shall review the Online Education Initiative Protocols for online content and adopt as appropriate. (Amended by Stats. 2019, Ch. 497, Sec. 85. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75002. Source version: id_f382bc1e-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= For purposes of this part, the following terms have the following meanings: (a) “Artificial intelligence” has the same definition as in Section 11546.45.5 of the Government Code. (b) “Board of governors” means the Board of Governors of the California Community Colleges. (c) “Chancellor’s office” means the Office of the Chancellor of the California Community Colleges. (d) “College” means the California Online Community College established under this part. (e) “Competency-based education” means systems of instruction, assessment, grading, and academic reporting that are based on students demonstrating that they have learned the knowledge and skills they are expected to learn as they progress through their education. (f) “Guided Pathways Program” means a program that includes the activities and practices established pursuant to Section 88921. (g) “Industry” means trade associations or those firms that produce similar products or provide similar services using somewhat similar business processes. (h) “Stackable credential” means a part of a sequence of credentials that can be accumulated over time and move an individual along a career pathway or up a career ladder. (Amended by Stats. 2024, Ch. 843, Sec. 2. (AB 2885) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75003. Source version: id_49dd0364-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) The California Online Community College established pursuant to subdivision (a) of Section 75001 shall be under the administration of the board of governors. (b) In furtherance of subdivision (a), the board of governors shall do all of the following: (1) Establish policies for, and approve, current and long-range academic and facilities plans and programs and promote orderly growth and development of the California Online Community College. In so doing, the board of governors shall, as required by law, establish policies for, develop, and approve comprehensive plans. (2) Establish policies for and approve courses of instruction and educational programs. (3) Establish academic standards, probation, dismissal, and readmission policies, and graduation requirements not inconsistent with the minimum standards adopted by the board of governors. (4) Employ and assign all personnel not inconsistent with the minimum standards adopted by the chief executive officer appointed pursuant to subdivision (d) of Section 75005, and establish employment practices, salaries, and benefits for all employees not inconsistent with the laws of this state. (5) To the extent authorized by law, determine and control the college’s operational and capital outlay budgets. (6) Manage and control the college’s property. The board of governors may contract for the procurement of goods and services as authorized by law. (7) Establish procedures that are consistent with minimum standards otherwise established by the board of governors to ensure faculty, staff, and students have the opportunity to express their opinions at the campus level, to ensure that these opinions are given every reasonable consideration, to ensure the right to participate effectively in college governance, and to ensure the right of the college’s academic senate to make recommendations in the areas of curriculum and academic standards. The California Online Community College may establish procedures enabling the use of a digital format, or formats. (8) Establish rules and regulations governing student conduct. (9) Establish student fees as it is required to establish by law, and, in its discretion, fees as it is authorized to establish by law. (10) In its discretion, receive and administer gifts, grants, and scholarships. (11) Provide auxiliary services as deemed necessary to achieve the purposes of the community college. (12) Within the general framework provided by law, determine the college’s academic calendar, including the holidays it will observe. Notwithstanding Section 84890, the college may enable the offering of courses under a flexible calendar. Notwithstanding any other law, in recognition of the ability to adopt a flexible academic calendar, the board of governors shall also have the flexibility to utilize an alternative definition of “academic year” for purposes of this part. (13) Hold and convey property for the use and benefit of the college. (14) Participate in the consultation process otherwise established by the board of governors for the development and review of policy proposals. (c) In carrying out the powers and duties specified in subdivision (b) or other provisions of statute, the board of governors shall have full authority to adopt rules and regulations that are necessary and proper to executing these prescribed functions and may, as applicable, use a digital format, or formats. Any action taken pursuant to this subdivision by the board of governors is exempt from the Administrative Procedure Act, as defined in Section 11370 of the Government Code. (d) Wherever in this section or any other statute a power is vested in the board of governors, the board of governors, by majority vote, may adopt a rule delegating the power to the college’s chief executive officer or any other employee or committee as the board of governors may designate. However, the board of governors shall not delegate any power that is expressly made nondelegable by statute. Any rule delegating authority shall prescribe the limits of the delegation. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75003.1. Source version: id_f9365b65-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) It is the intent of the Legislature that all students with disabilities enrolled in the California Online Community College be entitled to receive support services and educational accommodations so that they can participate in and benefit from the California Online Community College equal to those students without disabilities. It is the further intent that all support services and educational accommodations made available to students with disabilities at the other community colleges be made equally available to students with disabilities enrolled in the California Online Community College. (b) The board of governors shall do all of the following: (1) Ensure the college is in compliance with statutory provisions regarding access for individuals with disabilities, including, but not necessarily limited to, Chapter 14 (commencing with Section 67300) of Part 40 of Division 5, and Section 84850. This duty shall include, but not necessarily be limited to, the creation of a Disabled Students Programs and Services program within the California Online Community College with staff able to assist students with disabilities who are eligible for academic adjustments, auxiliary aids, services, and instruction that may be necessary for equal access to the general activities, programs, and classes offered by the California Online Community College and any other services specified in Section 67311. (2) Ensure the California Online Community College’s use of electronic technology is in compliance with the accessibility requirements of state and federal electronic and information technology policy and statutes, including Sections 7405 and 11135 of the Government Code; Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended and the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part; and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), no later than December 31, 2020. In carrying out this duty, the board of governors shall ensure electronic technology used by the California Online Community College has undergone user testing by persons with disabilities for the purpose of assessing compliance with the aforementioned requirements. (3) Ensure that the California Online Community College’s use of instructional resources, including, but not necessarily limited to, textbooks and other digital or printed course materials, is in compliance with Sections 66406, 66406.7, 66406.9, 67302, and 67302.5, and any other provisions regarding the accessibility, availability, and affordability of such materials. (4) Establish a complaint procedure for disabled California Online Community College employees, students, and members of the public to register complaints about accessibility services required pursuant to this section and for resolving the complaints. In any case where a complaint is founded on the failure of the California Online Community College to meet the compliance requirements of this section, the California Online Community College shall provide, upon request of the complainant, an immediate accommodation to meet the needs of the complainant caused by the compliance failure. The California Online Community College shall maintain a summary of the complaints received and the resolution of the complaints including any accommodations made due to the lack of compliance. (5) Report to the Legislature and the Department of Finance on compliance with this section at each reporting interval specified for startup milestones specified in subdivision (b) of Section 75011. (c) This section does not limit the rights of any person to pursue any remedies or causes of action that they may have under any state or federal law to enforce compliance with those laws or the obligations stated in subdivision (b). (Amended by Stats. 2019, Ch. 497, Sec. 86. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75004. Source version: id_49dd2a78-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) Notwithstanding Section 72000, the California Online Community College may sue and be sued, and shall act in accordance with Section 75003. (b) Notwithstanding Section 72000, the name of the California Online Community College is the property of the board of governors. No person shall, without permission of the board, use the name, or any abbreviation of the name, or any name of which these words are a part, in any of the following ways: (1) To designate any business, social, political, religious, or other organization, including, but not necessarily limited to, any corporation, firm, partnership, association, group, activity or enterprise. (2) To imply, indicate or otherwise suggest that any organization, or any product or service of the organization is connected or affiliated with, or is endorsed, favored or supported by, or is opposed by one or more California community colleges, the board of governors, or the chancellor’s office. (3) To display, advertise, or announce these names publicly at or in connection with any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program. (c) Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional or other employment whatsoever. (d) Meetings conducted by the board of governors on items that are related to the California Online Community College shall be conducted separately from the other statutory functions of the board of governors, and shall be subject to the same public meeting requirements as apply to community college districts. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75005. Source version: id_fdff7c37-0c99-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) The requirements of Article 3 (commencing with Section 72022) of Chapter 1 of Part 45 shall not apply to the board of governors in fulfilling its duties related to the California Online Community College. (b) The Legislature declares that the board of governors, in carrying out its duties pursuant to Section 70901 and Article 2 (commencing with Section 71020.5) of Part 44, is expressly determined to not have a conflict of interest in the administration of the California Online Community College. (c) Notwithstanding Chapter 1.5 (commencing with Section 78100) of Part 48, the board of governors may instead provide access to internet-based library services and materials or by contractual arrangements with other entities. (d) (1) Notwithstanding any other law, the board of governors may authorize the chancellor, or designate members with the appropriate skills and experience, including those necessary to guide the formation of a new entity, to exercise any powers or responsibilities or to take any official actions with respect to the management of the college, including any of the college’s assets, contracts, expenditures, facilities, funds, personnel, or property. (2) If the board of governors exercises this authority, the chancellor, or the designees of the board of governors, may appoint a chief executive officer to manage the California Online Community College. The chief executive officer shall have served in a similar capacity prior to the establishment of the California Online Community College and shall have expertise in the development and operation of online offerings at a public or nonprofit institution, or shall have relevant qualifications to serve as the chief executive officer of the California Online Community College. The chief executive officer shall meet the minimum qualifications for service as an academic administrator in the California Community Colleges. (3) A chief executive officer appointed under this subdivision shall serve at the pleasure of the board of governors. (4) A chief executive officer appointed pursuant to this section is authorized to do all of the following: (A) Develop fiscal policies and practices for the operation of the California Online Community College. (B) Enter into agreements on behalf of the California Online Community College. (C) In consultation with the Chancellor of the California Community Colleges, establish an advisory council process to advise the chief executive officer on issues related to the California Online Community College. The advisory process shall involve representatives from boards of trustees of community college districts, represented employees of the California Online Community College, and students attending the online college. A participant in the advisory process shall not receive any compensation or benefits for the participant’s services. (D) Consistent with the requirements of the terms of the contract established pursuant to subparagraph (A) of paragraph (2) of subdivision (f) of Section 70901, hire sufficient staff, with appropriate preparation and experience, to provide the functions necessary to support the college’s mission and purpose. (E) Hire sufficient numbers of qualified faculty that meet the minimum qualifications established by the college, with appropriate preparation and experience to provide online instructional design and technology-supported student supports to achieve the college’s mission and purpose. (F) Manage and control the operations of the college. (5) In the event of a vacancy in the chief executive officer position, the chancellor shall temporarily assume all of the powers and duties of the chief executive officer until another chief executive officer can be appointed pursuant to this section. (6) The board of governors, or its authorized designees, may contract with the Foundation for California Community Colleges for the purpose of providing administrative support for the college’s startup functions. (Amended by Stats. 2019, Ch. 497, Sec. 87. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75007. Source version: id_49dd2a7c-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) The college shall be developed and guided by principles and procedures established by the chancellor’s office, as referenced in Section 75001. (b) (1) The college shall seek accreditation and meet requirements for students to become eligible for federal and state financial aid. (A) The college shall provide the Department of Finance and the Legislature with all of the following: (i) An accreditation plan that, at a minimum, identifies an accrediting agency recognized by the United States Department of Education from which the college will seek accreditation, and outlines the process by which the college will achieve accreditation candidacy or preaccreditation by April 1, 2022, and full accreditation by April 1, 2025. This plan shall be provided on or before April 1, 2021. (ii) Evidence of having achieved accreditation candidacy or preaccreditation from an accrediting agency recognized by the United States Department of Education on or before April 1, 2022. (iii) Evidence of having obtained full accreditation from an accrediting agency recognized by the United States Department of Education on or before April 1, 2025. (2) While the college is seeking accreditation, the Workforce Development Board and the Employment Development Department shall determine whether the programs offered by the online college have job market value to California industries by utilizing existing programmatic review processes. (3) The college shall explore a process for allowing students to retroactively obtain credit units upon demonstrated mastery of competencies for programs completed while the college was seeking accreditation. It is the intent of the Legislature that the college reimburse students for any fees charged if the college fails to meet accreditation standards. (4) The college shall inform potential and enrolled students regarding the implications of taking courses prior to accreditation and how the college will help students rectify this issue in the future. (c) In meeting the requirements of paragraph (4) of subdivision (b) of Section 75003, the California Online Community College shall comply with collective bargaining pursuant to paragraph (2) of subdivision (f) of Section 70901. It is the intent of the Legislature that faculty recruitment efforts for the college will focus on California residents who meet the minimum qualifications to be employed at a California community college, or individuals with experience within the California Community Colleges system. (d) The college shall be subject to the same competitive bidding and state contracting requirements that apply to California community college districts. (e) Curricular issues, such as establishment of enrollment caps for courses, shall be subject to the same approval processes that apply to California community college districts. The curriculum developed by the California Online Community College and its faculty shall have the same protections granted to all curriculum developed by other California Community Colleges. (f) It is the intent of the Legislature that any general-purpose apportionment apportioned to the college be subject to the regulatory frameworks of shared governance pursuant to paragraph (7) of subdivision (b) of Section 70902 and the Full-Time Faculty Obligation Number established in Section 51025 of Title 5 of the California Code of Regulations. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75008. Source version: id_49dd2a7e-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) The college shall develop a Research and Development Unit that is student-centered and focused on the science of learning to ensure that the technology used by the college is working for the communities it is intended to serve. (b) The Research and Development Unit shall be focused on leveraging current and future learning sciences technology, assessing data metrics within the technological infrastructure to gauge student progress in a course or pathway, informing instructional and support strategies, and improving on the functionality of the underlying technology. (c) The Research and Development Unit shall focus on using technology, data science, behavioral science, machine learning, and artificial intelligence to build out student supports, such as, but not limited to, a virtual help desk which uses technology to respond to commonly asked questions from students at any hour of the day and week. (d) The Research and Development Unit shall share the data, metrics, and findings with the college’s faculty, administrators, and technologists to inform and evolve better teaching and student support practices. (e) The Research and Development Unit shall regularly collaborate with the Digital Innovation and Infrastructure Division of the chancellor’s office to ensure integration, interoperability, and, where possible, use open standards. (f) Insights from the Research and Development Unit shall be shared across the California Community Colleges through existing professional development channels to support campuses in accelerated adoption of demonstrated advancements in teaching, learning, and student supports throughout the system. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75009. Source version: id_49dd2a80-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) By July 1, 2019, the college shall be expected to, at a minimum, meet the following milestones: (1) Fully develop a seven-year implementation plan, validate a business plan, and develop three program pathways designed in partnership with employers and industry groups. (2) Develop internal business processes and personnel policies, such as hiring, salaries, and evaluations, and establish outcomes goals including the classifications necessary to support instructional development, and activities and other elements of the student experience. (3) Map the student experience, including, but not necessarily limited to, recruiting, onboarding, transcriptions, instructional experience, billing, entry into internship if applicable to the student’s programs, and entry into jobs. (4) Develop an accreditation plan. (5) Create a statewide outreach plan, which includes working with immigrant groups and community-based organizations to reach the target population of working learners and help design educational opportunities that work for these learners. (6) Define the duties for instructional support, program development, and other student experience activities. (7) Establish a process for the recognition of prior learnings into the student onboarding experience. (8) Plan to begin enrolling students by the last quarter of 2019. (b) By July 1, 2021, the college shall be expected to, at a minimum, meet all of the following milestones: (1) Incorporate student feedback to improve the college’s instruction, technology, and student support services. (2) Design and validate at least three additional program pathways, including coordinating the creation of new content. (3) Apply for accreditation from an accreditor recognized by the United States Department of Education. (c) By July 1, 2023, the college shall be expected to, at a minimum, meet all of the following milestones: (1) Enroll students into the college’s program pathways. (2) Incorporate student feedback to improve the college’s instruction, technology, and student support services. (3) Design and validate at least 10 additional program pathways, including coordinating the creation of new content. (4) For every 10 pathways offered by the college, at least one pathway shall be developed in collaboration with a traditional community college. (d) By July 1, 2025, the college shall be expected to, at a minimum, meet the following milestones: (1) Enroll students into the college’s program pathways. (2) Incorporate student feedback to improve the college’s instruction, technology, and student support services. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75010. Source version: id_49dd5192-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) Notwithstanding any other law, the college may establish an affordable fee structure. The college shall establish a fee structure that is equivalent to or less than the fees charged by traditional community colleges. The chief executive officer of the college shall notify, in writing, the Director of Finance and the Legislature, not less than 60 days prior to the effective date of any fee structure established under this subdivision. The notification shall contain, but not necessarily be limited to, the amount or amounts of the fees proposed to be charged. Notification to the Legislature under this subdivision shall comply with Section 9795 of the Government Code. (b) (1) Regardless of the college’s fee structure, enrolled students shall be eligible for fee waivers that are consistent with the fee waiver goals of the California College Promise Grants authorized pursuant to Article 1 (commencing with Section 76300) of Chapter 2 of Part 47 and California College Promise fee waivers authorized pursuant to Article 3 (commencing with Section 76396) of Chapter 2 of Part 47. (2) Regardless of the college’s fee structure, students exempt from nonresident tuition pursuant to Article 9 (commencing with Section 76140) of Chapter 1 of Part 47 shall be eligible for tuition and fee waivers pursuant to paragraph (1). (c) It is the intent of the Legislature that students enrolled in the college be eligible to participate in the Cal Grant program if the student otherwise meets the applicable statutory and regulatory requirements of the program. (d) (1) One-time funds appropriated in Section 2.00 of the Budget Act of 2018 in support of the college shall be expended to support the college’s start-up costs. Start-up costs may include support for activities, including, but not necessarily limited to, all of the following: (A) Roadmap development and capital investments for scalable technology infrastructure development to support the college’s instruction, technological support, continuous improvement modeling, and administrative functions. (B) Design and development of the Research and Development Unit that may include fully-supported virtual and mobile labs in order to assess learning science, as well as demonstration pilots to test and refine technology and program development to ensure greater effectiveness and scalability. (C) Establishment of key partnerships with entities with physical presence to provide in-person supports, such as libraries and community college labs and facilities. (D) Support for the development of core functions, such as mapping the student experience, developing and testing a new and experimental fee model, establishing a student outreach plan, and establishing key employer partners. (E) Development of a seven-year business plan with key milestones, indicators, and outcomes. (F) Preparation for and development of applications to seek accreditation. (G) Establishment of business processes, legal support, development of initial and long-term staffing plan, personnel policies and procedures, establishment of responsive metrics, and indicators driving student success to inform design. (H) Scaling efforts over the seven-year startup period. (2) Ongoing funds appropriated in the annual Budget Act in support of the college shall be expended to support the college’s ongoing operations. Ongoing costs may include support for activities, including, but not necessarily limited to, all of the following: (A) Licensing and maintenance for use of technology and related tools. (B) Professional development and training, particularly for faculty and staff in student-facing support roles. (C) Continued assessment of student program pathways, including validation, content development and improvements, and partnership development. (D) Ongoing costs associated with salaries and benefits, facilities, supplies, and incidentals. (E) Other administrative functions of the college. (e) The California Online Community College shall be eligible to claim general apportionment funding pursuant to the formula established in Section 84750.5 or any successor section. (1) Consistent with the Student-Focused Funding Formula established pursuant to Section 84750.4, the district would be eligible for supplemental grants and student success incentive grants. (2) For the first three years in which the district claims apportionments funding, the district’s student success incentive grant metrics may be based on the statewide average for all other community college districts. (3) For purposes of computing the District’s apportionments funding, growth in enrollment for the district will be computed separately from the other California Community Colleges. It is the intent of the Legislature that apportionments for enrollment growth funding for the district be appropriated separately from apportionments enrollment growth funding appropriated in support of all other California Community Colleges. (f) Of the funds appropriated in support of the college, no Proposition 98 General Fund moneys shall be used to support the state operations of the Chancellor’s Office. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75011. Source version: id_49ddc6c4-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) The college shall be held to at least the same accountability measures and key performance indicators developed by the Board of Governors of the California Community Colleges and the Chancellor’s Office of the California Community Colleges that are applicable to all other campuses of the California Community Colleges. (b) In addition, the college shall report to the Legislature and the Department of Finance on all of the following measures: (1) The college shall report on startup milestones, including the number of designed program pathways, by August 1, 2019. (2) The college shall report on startup milestones, including student enrollment and the number of designed program pathways, by August 1, 2020. (3) The college shall report on startup milestones, including student enrollment, the number of designed program pathways, and student outcomes, by August 1, 2021. This report shall serve as a comprehensive status report on the college’s activities and outcomes, including information on student employment and earning gains after completion of programs, other student success metrics identified by the Research and Development Unit, the number of faculty and staff employed by the college, and a qualitative description of the college’s efforts and progress to reach and serve working adults. (4) The college shall report on startup milestones, including student enrollment, the number of designed program pathways, student outcomes, progress on transition planning for the scaling phase, and a qualitative description of any innovative teaching and student support practices and technologies developed by the college’s faculty and staff, by August 1, 2022, and August 1 of each year thereafter. (c) By January 1, 2026, the college shall also be assessed by an independent evaluator contracted by the board of governors. The independent evaluator shall assess the progress of program production, relationships with industry partners, student success, and the like. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75012. Source version: id_49ddc6c6-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) The chancellor’s office shall conduct a review of the process used to calculate noncredit and career development college preparation rates, and make recommendations to the board of governors on or before January 1, 2019, on how that process may be modified to encourage the use and development of competency-based courses and programs. (b) The chancellor’s office shall conduct a review of the statewide approval process to offer online courses under a flexible calendar, and make recommendations to the board of governors on or before January 1, 2019. (Added by Stats. 2018, Ch. 33, Sec. 18. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 46.5. California Online Community College Act [75000 - 75013] SECTION 75013. Source version: id_d5555c70-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=46.5.&chapter=&article= (a) The office of the Chancellor of the California Community Colleges shall develop recommendations for equating enrollment in competency-based education programs to full-time equivalent students for the purposes of generating funding. The chancellor’s office shall convene a workgroup of experts, including experts in competency-based education, state funding models, workforce program funding models, cost-based models, alternate funding models, such as subscription-based models, and enrollment funding, to support the chancellor’s office in developing its recommendations. These recommendations shall apply to competency-based education at community college districts systemwide, including the California Online Community College. The chancellor’s office shall update the Legislative Analyst’s Office and the Department of Finance periodically throughout the workgroup’s process. On or before October 1, 2028, the chancellor’s office shall submit, pursuant to Section 9795 of the Government Code, these recommendations to the Joint Legislative Budget Committee and the Department of Finance. These recommendations shall be used to inform future funding decisions. (b) As part of the Credit for Prior Learning Initiative, the chancellor’s office, in partnership with the Academic Senate of the California Community Colleges, shall make credit for prior learning recommendations for each program offered by the California Online Community College and similar programs offered by other community colleges, including programs that prepare students for industry certifications. The amount of credit for prior learning recommended under this subdivision for each program or industry certification shall be the same systemwide for all community colleges, including the California Online Community College. On or before July 1, 2027, the chancellor’s office shall submit, pursuant to Section 9795 of the Government Code, these recommendations to the Joint Legislative Budget Committee and the Department of Finance. Community colleges are strongly encouraged to award students credit for prior learning consistent with these recommendations. (c) (1) Commencing with the 2026–27 fiscal year, the California Online Community College shall submit data to the chancellor's office’s management information system on the same reporting schedule and using the comparable data elements that apply to noncredit programs at other community college districts, with modifications as agreed to by the chancellor’s office to account for competency-based education programs. The data shall be provided separately for each educational program offered by the California Online Community College and in a combined format encompassing all programs offered. Where applicable, the data shall be measured in a manner consistent with any state requirements enacted for the federal Workforce Pell Grant program. (2) The data provided to the chancellor’s office under paragraph (1) shall include, but is not limited to, all of the following: (A) Student headcount. (B) The demographics of enrolled students. (C) The number of awards completed, by award type. (D) The median times to program completion, the share of students completing within that time, and the share of students completing within 150 percent of that time, aligned with accreditation standards. (E) To the extent possible, the number of students who complete a program and obtain employment and the job placement rate measured within 180 days after completion of the program. (F) The median earnings of program completers. (G) The change in employment and earnings from before program entry to after program completion. (H) The number and share of students who subsequently enrolled in a credit program at another community college district or other postsecondary educational institution. (3) The chancellor’s office shall publicly display the data specified in paragraph (2). To the extent practicable, the chancellor’s office shall display that data in formats and dashboards consistent with those used for other community college districts, while also incorporating additional measures necessary to accurately reflect the California Online Community College’s competency-based direct assessment and workforce-focused model. Where applicable, the California Online Community College shall be included in statewide aggregate noncredit enrollment and outcomes figures. (Added by Stats. 2026, Ch. 79, Sec. 14. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 1. Admission of Students [76000 - 76004] SECTION 76000. Source version: id_fe4b104e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=1. The governing board of a community college district shall admit to the community college any California resident, and may admit any nonresident, possessing a high school diploma or the equivalent thereof. The governing board may admit to the community college any apprentice, as defined in Section 3077 of the Labor Code, who, in the judgment of the governing board, is capable of profiting from the instruction offered. The governing board may by rule determine whether there shall be admitted to the community college any other person who is over 18 years of age and who, in the judgment of the board, is capable of profiting from the instruction offered. If the governing board determines to admit other persons, those persons shall be admitted as provisional students and thereafter shall be required to comply with the rules and regulations prescribed by the board of governors pertaining to the scholastic achievement and other standards to be met by provisional or probationary students, as a condition to being readmitted in any succeeding semester. This paragraph shall not apply to persons in attendance in special classes and programs established for adults pursuant to Section 78401 or to any persons attending on a part-time basis only. (Amended by Stats. 1995, Ch. 758, Sec. 88. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 1. Admission of Students [76000 - 76004] SECTION 76001. Source version: id_02983e39-0c9a-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=1. (a) The governing board of a community college district may admit to any community college under its jurisdiction as a special part-time or full-time student in any session or term any student who is eligible to attend community college pursuant to Section 48800, 48800.5, or 52620. (b) If the governing board denies a request for a special part-time or full-time enrollment at a community college, the board shall record its findings and the reasons for denial of the request in writing within 60 days. The written recommendation and denial shall be issued at the next regularly scheduled board meeting that falls at least 30 days after the request has been submitted. (c) The attendance of a student at a community college as a special part-time or full-time student pursuant to this section is authorized attendance, for which the community college shall be credited or reimbursed pursuant to Sections 48802, 52621, and 76002. Credit for courses completed shall be at the level determined to be appropriate by the school district and community college district governing boards. (d) For purposes of this section, a special part-time student may enroll in up to, and including, 11 units per semester, or the equivalent thereof, at the community college. (e) (1) Except as provided in paragraph (2), the governing board of a community college district shall assign a low enrollment priority to special part-time or full-time students described in subdivision (a) in order to ensure that these students do not displace regularly admitted students. (2) This subdivision does not apply to a student attending a middle college high school as described in Section 11300, if the student is seeking to enroll in a community college course that is required for the student’s middle college high school program. (Amended by Stats. 2019, Ch. 528, Sec. 2. (SB 554) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 1. Admission of Students [76000 - 76004] SECTION 76001.5. Source version: id_da6aefa6-7fb7-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=1. (a) Courses offered through a dual enrollment program offered by the local educational agency, with an agreement with an institution of higher education, shall be deemed dual credit courses. (b) A dual credit course offered pursuant to subdivision (a) may be counted simultaneously toward both of the following: (1) High school credit on an official transcript from the participating local educational agency. (2) Postsecondary credit on an official transcript at the participating institution of higher education. (Added by Stats. 2026, Ch. 65, Sec. 131. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 1. Admission of Students [76000 - 76004] SECTION 76002. Source version: id_135efb5b-0c9a-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=1. (a) For purposes of receiving state apportionments, a community college district may include high school students who attend a community college within the district pursuant to Sections 48800, 52620, and 76001 in the district’s report of full-time equivalent students (FTES) only if those students are enrolled in community college classes that meet all of the following criteria: (1) The class is open to the general public. (2) (A) The class is advertised as open to the general public in one or more of the following: (i) The college catalog. (ii) The regular schedule of classes. (iii) An addenda to the college catalog or regular schedule of classes. (B) If a decision to offer a class on a high school campus is made after the publication of the regular schedule of classes, and the class is solely advertised to the general public through electronic media, the class shall be so advertised for a minimum of 30 continuous days before the first meeting of the class. (3) If the class is offered at a high school campus, the class shall not be held during the time the campus is closed to the general public, as defined by the governing board of the school district during a regularly scheduled board meeting. (4) If the class is a physical education class, no more than 10 percent of its enrollment may be comprised of special part-time or full-time students. A community college district shall not receive state apportionments for special part-time and full-time students enrolled in physical education courses in excess of 5 percent of the district’s total reported full-time equivalent enrollment of special part-time and full-time students. (b) The governing board of a community college district may restrict the admission or enrollment of a special part-time or full-time student during any session based on any of the following criteria: (1) Age. (2) Completion of a specified grade level. (3) Demonstrated eligibility for instruction using assessment methods and procedures established pursuant to Chapter 2 (commencing with Section 78210) of Part 48 and regulations adopted by the Board of Governors of the California Community Colleges. (c) (1) The Chancellor of the California Community Colleges shall prepare and submit to the Department of Finance and the Legislature, on or before March 1, 2004, and March 1 of each year thereafter, a report on the amount of FTES claimed by each community college district for special part-time and special full-time students for the preceding academic year in each of the following class categories: (A) Noncredit. (B) Nondegree-applicable. (C) Degree-applicable, excluding physical education. (D) Degree-applicable physical education. (2) The report prepared pursuant to paragraph (1) may include information required to be reported pursuant to paragraph (4) of subdivision (d) of Section 48800. (d) The Board of Governors of the California Community Colleges shall adopt rules and regulations to implement this section. (Amended by Stats. 2019, Ch. 528, Sec. 3. (SB 554) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 1. Admission of Students [76000 - 76004] SECTION 76003. Source version: id_d6611803-b367-11e7-b4e7-fdf8821c638f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=1. (a) Notwithstanding Section 76001, the governing board of the Long Beach Community College District may admit to any community college under its jurisdiction, as a special part-time or full-time student, in any session or term, any student who is participating in the partnership established pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2. (b) (1) For the purpose of receiving state apportionments pursuant to Section 76002, the Long Beach Community College District may include high school pupils who attend a community college within the district and participate in the College Promise Partnership Act pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2 in the district’s report of full-time equivalent students (FTES), provided that no school district has received reimbursement for the same instructional activity. (2) The Long Beach Community College District shall report to the Chancellor of the California Community Colleges the moneys utilized for the partnership pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2 by no later than November 1 of each year the partnership is in operation. (c) Credit for partnership courses completed shall be at the level determined to be appropriate by the governing boards of the Long Beach Unified School District and the Long Beach Community College District pursuant to the terms of the partnership established pursuant to Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2. (d) The Long Beach Community College District may assign priority for enrollment and course registration to any of the following: (1) Students pursuing and making satisfactory academic progress toward a degree, certificate, transfer, or basic skills objective that is declared or reaffirmed upon enrollment in each academic term. (2) Students pursuing and making satisfactory academic progress pursuant to an approved individual education plan toward a career development objective that is declared or reaffirmed upon enrollment in each academic term. (3) Notwithstanding subdivision (e) of Section 76001, students participating in a partnership in accordance with Article 1.5 (commencing with Section 48810) of Chapter 5 of Part 27 of Division 4 of Title 2. (Amended by Stats. 2017, Ch. 762, Sec. 3. (AB 1533) Effective October 13, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 1. Admission of Students [76000 - 76004] SECTION 76004. Source version: id_36417562-7fba-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=1. Notwithstanding Section 76001 or any other law: (a) (1) The governing board of a community college district may enter into a College and Career Access Pathways (CCAP) partnership with the governing board of a school district or a county office of education for the purpose of offering or expanding dual enrollment opportunities for pupils who may not already be college bound or who are underrepresented in higher education, with the goal of developing seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness. (2) As used in this section, “high school” includes a community school, continuation high school, juvenile court school, or adult education program offering courses for high school diplomas or high school equivalency certificates. (3) As used in this section, “underrepresented in higher education” may include first-time college students, low-income students, students who are current or former foster youth, homeless students, students with disabilities, and students with dependent children. (b) A participating community college district may enter into a CCAP partnership with a school district or county office of education partner that is governed by a CCAP partnership agreement approved by the governing boards of both partners. As a condition of adopting a CCAP partnership agreement, the governing board of each partner shall do both of the following: (1) For career technical education pathways to be provided under the partnership, consult with, and consider the input of, the appropriate local workforce development board to determine the extent to which the pathways are aligned with regional and statewide employment needs. The governing board of each partner shall have final decisionmaking authority regarding the career technical education pathways to be provided under the partnership. (2) Present, take comments from the public on, and approve or disapprove the dual enrollment partnership agreement at an open public meeting of the governing board of the partner. (c) (1) The CCAP partnership agreement shall outline the terms of the CCAP partnership, and shall include, but not be limited to, the total number of high school pupils to be served and the total number of full-time equivalent students projected to be claimed by the community college district for those pupils; the scope, nature, time, location, and listing of community college courses to be offered; and criteria to assess the ability of pupils to benefit from those courses. The CCAP partnership agreement shall also establish protocols for information sharing, in compliance with all applicable state and federal privacy laws, joint facilities use, and parental consent for high school pupils to enroll in community college courses. The protocols shall only require a high school pupil participating in a CCAP partnership to submit one parental consent form and principal recommendation for the duration of the pupil’s participation in the CCAP partnership. (2) The CCAP partnership agreement shall identify a point of contact for the participating community college district and school district or county office of education partner. (3) A copy of the CCAP partnership agreement shall be filed with the office of the Chancellor of the California Community Colleges and with the department before the start of the CCAP partnership. The chancellor may void any CCAP partnership agreement it determines has not complied with the intent of the requirements of this section. (d) A community college district participating in a CCAP partnership shall not provide physical education course opportunities to high school pupils pursuant to this section, or any other course opportunities that do not assist in the attainment of at least one of the goals listed in subdivision (a). (e) A community college district shall allow an existing CCAP partnership to be amended, or a new CCAP agreement to be established with a school district or county office of education and a community college district outside of the primary community college district’s service area, if the primary community college district has declined a request from the school district or county office of education, or has failed to take action within 60 calendar days of a request by the school district or county office of education, to either amend into the existing CCAP partnership the requested courses, or to approve another community college district to enter into a CCAP partnership to offer those courses. (f) A high school pupil enrolled in a course offered through a CCAP partnership shall not be assessed any fee by a local educational agency or community college district that is prohibited by Section 49011. (g) (1) A community college district participating in a CCAP partnership shall assign priority for enrollment and course registration to a pupil seeking to enroll in a community college course that is required for the pupil’s CCAP partnership program that is equivalent to the priority assigned to a pupil attending a middle college high school as described in Section 11300 and consistent with the middle college high school provisions in Section 76001. (2) Units completed by a pupil pursuant to a CCAP partnership agreement may count towards determining a pupil’s registration priority for enrollment and course registration at a community college. (h) The CCAP partnership agreement shall certify that any community college instructor teaching a course on a high school campus has not been convicted of any sex offense as defined in Section 87010, or convicted of any controlled substance offense as defined in Section 87011. (i) The CCAP partnership agreement shall certify that any community college instructor teaching a course at the partnering high school campus has not displaced or resulted in the termination of an existing high school teacher teaching the same course on that high school campus. (j) The CCAP partnership agreement shall certify that a qualified high school teacher teaching a course offered for college credit at a high school campus has not displaced or resulted in the termination of an existing community college faculty member teaching the same course at the partnering community college campus. (k) The CCAP partnership agreement shall include a plan by the participating community college district to ensure both of the following: (1) A community college course offered for college credit at the partnering high school campus does not reduce access to the same course offered at the partnering community college campus. (2) Participation in a CCAP partnership is consistent with the core mission of the community colleges as described in Section 66010.4, and that pupils participating in a CCAP partnership will not lead to enrollment displacement of otherwise eligible adults in the community college. (l) The CCAP partnership agreement shall certify that both the school district or county office of education and community college district partners comply with local collective bargaining agreements and all state and federal reporting requirements regarding the qualifications of the teacher or faculty member teaching a CCAP partnership course offered for high school credit. (m) The CCAP partnership agreement shall specify both of the following: (1) Which partner will be the employer of record for purposes of assignment monitoring and reporting to the county office of education. (2) Which partner will assume reporting responsibilities pursuant to applicable federal teacher quality mandates. (n) The CCAP partnership agreement shall certify that any pretransfer-level course taught by community college faculty at a partnering high school campus shall be offered only to high school pupils who do not meet their grade level standard in mathematics, English, or both on an interim assessment in grade 10 or 11, as determined by the partnering school district or county office of education, and shall involve a collaborative effort between high school and community college faculty to deliver an innovative pretransfer course as an intervention in the pupil’s junior or senior year to ensure that the pupil is prepared for college-level work upon graduation. (o) (1) A community college district may limit enrollment in a community college course solely to eligible high school pupils if the course is offered at a high school campus, either in person or using an online platform, during the regular schoolday and the community college course is offered pursuant to a CCAP partnership agreement. (2) For purposes of allowances and apportionments from Section B of the State School Fund, a community college district conducting a closed course on a high school campus pursuant to paragraph (1) shall be credited with those units of full-time equivalent students attributable to the attendance of eligible high school pupils. (p) A community college district may allow a special part-time student participating in a CCAP partnership agreement established pursuant to this article to enroll in up to a maximum of 15 units per term in courses offered at the community college campus or the participating high school campus, if all of the following circumstances are satisfied: (1) The units constitute no more than four community college courses per term. (2) The units are part of an academic program that is part of a CCAP partnership agreement established pursuant to this article. (3) The units are part of an academic program that is designed to award students both a high school diploma and an associate degree or a certificate or credential. (q) The governing board of a community college district participating in a CCAP partnership agreement established pursuant to this article shall exempt pupils seeking to enroll in a community college course required for the pupil’s CCAP partnership program from the fee requirements in Sections 76060.5, 76223, 76300, 76350, and 79121. (r) The governing board of a community college district participating in a CCAP partnership agreement shall enroll high school pupils in any course that is part of a CCAP partnership agreement offered at a community college campus. Courses offered through the CCAP program may be offered at the community college campus or the participating high school campus. (s) A district or county office of education shall not receive a state allowance or apportionment for an instructional activity for which the partner has been, or shall be, paid an allowance or apportionment. (t) (1) The attendance of a high school pupil at a community college as a special part-time or full-time student pursuant to this section is authorized attendance for which the community college shall be credited or reimbursed pursuant to Section 48802 or 76002, provided that no school district or county office of education has received reimbursement for the same instructional activity. (2) For purposes of calculating classroom-based average daily attendance for classroom-based instruction apportionments, at least 80 percent of the instructional time offered by a charter school pursuant to an authorized CCAP partnership agreement shall be at the schoolsite, and the charter school shall require the attendance of a pupil for a minimum of 50 percent of the minimum instructional time required to be offered pursuant to paragraph (1) of subdivision (a) of Section 47612.5, if the pupil is also a special part-time student enrolled in a community college pursuant to this section and the pupil will receive academic credit upon satisfactory completion of enrolled courses. (u) (1) For each CCAP partnership agreement entered into pursuant to this section, the affected community college district and school district or county office of education shall report annually to the office of the Chancellor of the California Community Colleges all of the following information: (A) The total number of high school pupils by schoolsite enrolled in each CCAP partnership, aggregated by gender and ethnicity, and reported in compliance with all applicable state and federal privacy laws. (B) The total number of community college courses, by course category and type and by schoolsite, enrolled in by CCAP partnership participants. (C) The total number and percentage of successful course completions, by course category and type and by schoolsite, of CCAP partnership participants. (D) The total number of full-time equivalent students generated by CCAP partnership community college district participants. (E) The total number of full-time equivalent students served online generated by CCAP partnership community college district participants. (2) On or before May 1 of each year, the chancellor shall aggregate the information annually reported pursuant to paragraph (1) and submit a report of that information to all of the following: (A) The Legislature, in compliance with Section 9795 of the Government Code. (B) The Director of Finance. (C) The Superintendent. (3) The chancellor shall ensure that the number of full-time equivalent students generated by CCAP partnerships is reported pursuant to the reporting requirements in Section 76002. (4) On or before July 31, 2020, the chancellor shall revise the special part-time student application process to allow a pupil to complete one application for the duration of the pupil’s attendance at a community college as a special part-time student participating in a CCAP partnership agreement. (v) A community college district that violates this article, including, but not limited to, any restriction imposed by the board of governors pursuant to this article, shall be subject to the same penalty as may be imposed pursuant to subdivision (d) of Section 78032. (w) This section does not affect a dual enrollment partnership agreement existing on January 1, 2016, under which an early college high school, a middle college high school, or a California Career Pathways Trust existing on January 1, 2016, is operated. An early college high school, middle college high school, or California Career Pathways Trust partnership agreement existing on January 1, 2016, shall not operate as a CCAP partnership unless it complies with this section. (x) The governing body of a charter school may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. (y) The governing body of a regional occupational center or program may enter into a CCAP partnership agreement with the governing board of a community college district pursuant to this section. That CCAP partnership agreement shall comply with all applicable requirements of this section. (Amended by Stats. 2026, Ch. 65, Sec. 132. (AB 126) Effective July 9, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 1.5. Student Housing [76010 - 76011] SECTION 76010. Source version: id_3a75cac9-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=1.5. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at the campuses of the California Community Colleges have stable housing, each campus of the California Community Colleges that maintains student housing facilities is requested to give priority for housing to current and former homeless youth and current and former foster youth. In addition, each campus of the California Community Colleges that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, is requested to give first priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. (b) In addition, each campus of the California Community Colleges is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California Community Colleges, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. (Amended by Stats. 2015, Ch. 571, Sec. 2. (AB 1228) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 1.5. Student Housing [76010 - 76011] SECTION 76011. Source version: id_289b3c46-ca2d-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=1.5. (a) If a community college campus has shower facilities for student use on campus, the governing board of the community college district shall grant access to those facilities to any homeless student who is enrolled in coursework, has paid enrollment fees, and is in good standing with the community college district without requiring the student to enroll in additional courses. (b) The governing board shall determine a plan of action to implement subdivision (a) that includes, but is not limited to, all of the following: (1) Hours of operation for the shower facilities, consistent with subdivision (c). (2) The minimum number of units a student must be enrolled in to use the facilities. (3) A plan of action if hours of operation conflict with an intercollegiate athletic program. (4) A definition of homeless student that is based on the definition of homeless youth specified in the McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), but also reflects the age of the homeless student population at the community college campus. (c) Hours of operation shall be consistent with hours of operation of the facilities in which the showers are located, shall be set at a minimum of two hours per weekday, and shall not conflict with the intercollegiate athletic program of the campus. (Added by Stats. 2016, Ch. 407, Sec. 1. (AB 1995) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 2. Exclusion of Students [76020- 76020.] SECTION 76020. Source version: id_fe4c96f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=2. (a) The governing body of any community college district may exclude students of filthy or vicious habits, or students suffering from contagious or infectious diseases. (b) The governing board of the community college may exclude from attendance on regular classes any student whose physical or mental disability is such as to cause his or her attendance to be inimical to the welfare of other students. (Amended by Stats. 1990, Ch. 1372, Sec. 420.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76030. Source version: id_408fd59b-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. (a) Consistent with requirements of due process of law, with this article, and with the rules of student conduct adopted by the governing board under Section 66300, the governing board, the president of a community college or the president’s designee, or an instructor shall suspend a student for good cause. In addition, the governing board is authorized to expel a student for good cause when other means of correction fail to bring about proper conduct, or when the presence of the student causes a continuing danger to the physical safety of the student or others. The suspension or expulsion of a student shall be accompanied by a hearing conducted pursuant to the requirements of Section 66017. (b) (1) Notwithstanding any other law, if an order requested by a community college district to protect a campus of a community college district or any person regularly present on a campus of that district is issued upon a finding of good cause by a court against a student of that community college district, and the order prevents that student from attending classes and maintaining his or her academic standing, the community college district may require the student to apply for reinstatement after the expiration of that order. If the district requires the student to apply for reinstatement, it shall do so before the expiration of the protective order. If a student applies for reinstatement under this paragraph, a review with respect to the application shall be conducted. This review, at a minimum, shall include consideration of all of the following issues: (A) The gravity of the offense. (B) Evidence of subsequent offenses, if any. (C) The likelihood that the student would cause substantial disruption if he or she is reinstated. (2) The governing board of the community college district, or the person to whom authority is delegated pursuant to subdivision (f) of Section 76038, shall take one of the following actions after conducting a review under paragraph (1): (A) Deny reinstatement. (B) Permit reinstatement. (C) Permit conditional reinstatement and specify the conditions under which reinstatement will be permitted. (Amended by Stats. 2015, Ch. 303, Sec. 121. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76031. Source version: id_fe4c96fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. The adopted rules of student conduct may authorize the president of a community college or the president’s designee to suspend a student for good cause as follows: (a) From one or more classes for a period of up to 10 days of instruction. (b) From one or more classes for the remainder of the school term. (c) From all classes and activities of the community college for one or more terms. The adopted rules of student conduct shall prohibit a student from being enrolled in any community college in the district for the period of suspension. The president of the community college shall report all suspension of students to the governing board or to the district superintendent. Whenever a minor is suspended from a community college, the parent or guardian shall be notified in writing by the president or the president’s designee. Nothing in this section shall be construed to prohibit the president of a community college or the president’s designee from imposing a lesser disciplinary sanction than suspension. A lesser sanction may include, but need not be limited to, verbal or written reprimand, probation, or ineligibility to participate in extracurricular activities. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76032. Source version: id_fe4e1d9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. The adopted rules of student conduct may authorize an instructor to remove a student from his or her class for the day of the removal and the next class meeting. The instructor shall immediately report the removal to the chief administrative officer for appropriate action. If the student removed by an instructor is a minor, the college president or the president’s designee shall ask the parent or guardian of the student to attend a parent conference regarding the removal as soon as possible. If the instructor or the parent or guardian so requests, a college administrator shall attend the conference. During the period of removal, a student shall not be returned to the class from which he or she was removed without the concurrence of the instructor of the class. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76033. Source version: id_46c6b73d-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. As used in this article, “good cause” includes, but is not limited to, the following offenses, occurring while enrolled as a student: (a) Continued disruptive behavior, continued willful disobedience, habitual profanity or vulgarity, or the open and persistent defiance of the authority of, or persistent abuse of, college personnel. (b) Assault, battery, or any threat of force or violence upon a student or college personnel. (c) Willful misconduct which results in injury or death to a student or college personnel or which results in cutting, defacing, or other injury to any real or personal property owned by the district. (d) The use, sale, or possession on campus of, or presence on campus under the influence of, any controlled substance, or any poison classified as such by Schedule D in Section 4160 of the Business and Professions Code. (e) Willful or persistent smoking in any area where smoking has been prohibited by law or by regulation of the governing board. (f) Persistent, serious misconduct where other means of correction have failed to bring about proper conduct. (g) Sexual assault, defined as actual or attempted sexual contact with another person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following: (1) Intentional touching of another person’s intimate parts without that person’s consent or other intentional sexual contact with another person without that person’s consent. (2) Coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent. (3) Rape, which includes penetration, no matter how slight, without the person’s consent, of either of the following: (A) The vagina or anus of a person by any body part of another person or by an object. (B) The mouth of a person by a sex organ of another person. (h) Sexual exploitation, defined as a person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, regardless of the victim’s affiliation with the community college, including, but not limited to, any of the following: (1) Prostituting another person. (2) Recording images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent. (3) Distributing images, including video or photograph, or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure and objected to the disclosure. (4) Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent, and for the purpose of arousing or gratifying sexual desire. (Amended by Stats. 2015, Ch. 232, Sec. 1. (SB 186) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76034. Source version: id_4ce4e0bf-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. (a) Except in response to conduct specified in subdivisions (g) and (h) of Section 76033, no student shall be removed, suspended, or expelled unless the conduct for which the student is disciplined is related to college activity or college attendance. (b) This section is not intended to limit provisions of federal law, or limit the ability of community college districts to take appropriate action under federal law. (Amended by Stats. 2015, Ch. 232, Sec. 2. (SB 186) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76035. Source version: id_fe4e1da4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. The president or the president’s designee at a community college shall, upon the suspension or expulsion of any student, notify the appropriate law enforcement authorities of the county or city in which the school is situated of any acts of the student which may be in violation of Section 245 of the Penal Code. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76036. Source version: id_fe4e1da6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. Any violation or violations of law, ordinance, regulation, or rule regulating, or pertaining to, the parking of vehicles, shall not be cause for the removal, suspension, or expulsion of a student from a community college. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76037. Source version: id_fe4fa448-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. Nothing in this article shall be construed to limit the authority of a governing board to adopt additional rules and regulations which are not inconsistent with the requirements of this article. These additional rules may, among other things, prescribe specific rules and regulations governing student behavior, along with applicable penalties for violations of the adopted rules and regulations, and may prescribe appropriate due process procedures, including procedure by which students shall be informed of these rules and regulations. (Repealed and added by Stats. 1983, Ch. 1032, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 3. Removal, Suspension, or Expulsion [76030 - 76038] SECTION 76038. Source version: id_1e693ef9-fcee-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=3. (a) If the governing board of a community college district receives an application for admission from an individual who has been expelled from another district pursuant to this article within the preceding five years, or who is undergoing expulsion procedures in another district, for any of the offenses listed in subdivision (b), before taking action to deny enrollment or permit conditional enrollment as authorized by subdivision (e), the governing board or delegate pursuant to subdivision (f) shall hold a hearing, conducted in accordance with this section and the applicable rules and regulations governing enrollment hearings authorized by this section and adopted in accordance with Section 66300, to determine whether that individual poses a continuing danger to the physical safety of the students and employees of the district. (b) For purposes of this section, “offense” means one of the following: (1) Committed or attempted to commit murder. (2) Caused, attempted to cause serious, or threatened to cause physical injury to another person, including assault or battery as defined in Section 240 or 242 of the Penal Code, except in self-defense. (3) Committed or attempted to commit a sexual assault as defined in Section 261, 266c, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code or committed sexual battery as defined in Section 243.4 of the Penal Code. (4) Committed or attempted to commit kidnapping, or seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped, or carried away another person by any means with the intent to hold or detain that person for ransom or reward. (5) Committed or attempted to commit robbery or extortion. (6) Committed stalking as defined in Section 646.9 of the Penal Code. (7) Unlawfully possessed, sold, or otherwise furnished a firearm, knife, explosive, or other dangerous object. (c) A community college district may request information, and respond to a request for information, from another community college district to determine whether an applicant continues to pose a danger to the physical safety of others. (d) A community college district may require a student seeking admission who has been previously expelled from a community college in the state for any of the actions listed in subdivision (b) to inform the district of his or her prior expulsion. Failure to do so may be considered by the district in determining whether to grant admission, and a written record of the fact may be maintained by the district with the applicant’s file. (e) The governing board of a community college district, upon making a determination pursuant to subdivision (a), shall take into consideration evidence of subsequent offenses and rehabilitative efforts since the offense and may take any of the following actions: (1) Deny enrollment. (2) Permit enrollment. (3) Permit conditional enrollment. (f) The governing board of a community college district may delegate any authority under this section to the superintendent or president of a community college district, or his or her designee, or a threat assessment crisis response team pursuant to rules and regulations adopted pursuant to Section 66300. (g) Before the governing board of a community college district takes action as authorized under this section, the governing board shall establish a formal appeals process for students denied enrollment to appeal the decision to the governing board. A student who is denied enrollment under subdivision (e) may appeal the decision to deny enrollment to the governing board of the community college district. (h) This section shall not be construed to impose any duty on a community college district to review applicants for admission or review previously enrolled students, whether returning or continuing, or to conduct a hearing in response to the receipt of any information regarding a potential, former, or existing student. (i) In accordance with Sections 815.2 and 820.2 of the Government Code, a community college district, a member of the governing board of a community college district, an officer or employee of a community college district, including a superintendent of a community college district, a president of a community college district, and the designee of a president or a superintendent, shall not be liable for an injury resulting from an exercise of discretion pursuant to this section, including, but not limited to, an exercise of discretion not to conduct a hearing when a hearing is not required. (j) This section shall not apply to the admission of students for whom a community college district has discretion to admit pursuant to Section 76000. (Amended by Stats. 2018, Ch. 423, Sec. 16. (SB 1494) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4. Student Organizations [76060 - 76067] SECTION 76060. Source version: id_fe4fa44c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4. The governing board of a community college district may authorize the students of a college to organize a student body association. The association shall encourage students to participate in the governance of the college and may conduct any activities, including fundraising activities, as may be approved by the appropriate college officials. The association may be granted the use of community college premises and properties without charge, subject to any regulations that may be established by the governing board of the community college district. The governing board of the community college district may authorize the students of a college to organize more than one student body association when the governing board finds that day students and evening students each need an association or geographic circumstances make the organization of only one student body association impractical or inconvenient. A community college district may assume responsibility for activities formerly conducted by a student body association if the student body association is dissolved. A student body association employee who was employed to perform the activity assumed by the district pursuant to this section shall become a member of the classified service of the district in accordance with Section 88020. (Repealed and added by Stats. 1987, Ch. 1238, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4. Student Organizations [76060 - 76067] SECTION 76060.5. Source version: id_47f0ed57-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4. (a) If a student body association has been established at a community college as authorized by Section 76060, a student representation fee of two dollars ($2) shall be collected by the officials of the community college, together with all other fees, at the time of registration or before registration and shall be deposited in a separate fiduciary fund established per the California Community Colleges Budget and Accounting Manual for student representation fees. The money collected pursuant to this section shall be expended to provide support for governmental affairs representatives of local or statewide student body organizations who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government. (b) (1) One dollar ($1) of every two-dollar ($2) fee collected shall be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities. (2) The underlying goals of a statewide community college student organization shall include, but are not limited to, all of the following: (A) Establishing a sustainable foundation for statewide community college student representation and advocacy. (B) Promoting institutional and organizational memory. (C) Ensuring and maintaining responsible community college student organizational oversight and decisionmaking. (D) Strengthening regional approaches for community college student representation and coordination. (E) Promoting and enhancing student opportunities for engagement in community college student issues and affairs. (F) Providing for open and public transparency and accountability. (G) Supporting student participation and engagement in statewide higher education policy and advocacy activities. (c) Fees collected pursuant to subdivision (b) shall be annually distributed to the Board of Governors before February 1. The Board of Governors shall have custody of the moneys and shall, each year by April 15, distribute the moneys to the recognized statewide community college student organization if the recognized statewide community college student organization satisfies all of the following: (1) Is established as a legal entity registered with the Secretary of State. (2) Demonstrates compliance with all applicable state and federal laws and reporting requirements. (3) Exercises prudent fiscal management by establishing generally accepted accounting controls and procedures. (4) (A) Commencing after the first year it receives funding pursuant to this subdivision, completes an annual independent financial audit, the results of which shall be annually provided to the Board of Governors for review. (B) (i) Except as provided in clause (ii) and after the first year funding is received, it shall be a condition for funding pursuant to this subdivision that the results of the annual audit identify no significant audit findings. (ii) In no event shall funds be withheld from the statewide community college student organization unless the statewide community college student organization fails to address and correct any identified exceptions, concerns, errors, or deficiencies contained in the annual audit after being given a reasonable opportunity to do so. (5) Meets the obligations and addresses the goals described in subdivision (b). (d) Meetings of the recognized statewide community college student organization shall be open to the public and shall comply with the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (e) (1) The chief fiscal officer of the community college shall have custody of the money collected pursuant to this section, except as provided in subdivision (c), and the money shall be disbursed for the purposes described in subdivision (a) upon the order of the governing body of the student body association. (2) The community college district shall annually prepare a summary of all revenue collected from the student representation fee and the expenditures of the proceeds of the student representation fee. The summary shall include the amount distributed to the Board of Governors of the California Community Colleges each year. The summary shall be presented at the community college district board meeting each year and posted to the community college district internet website. (3) The community college district may retain a portion of the fees collected and deposited pursuant to this section that is equal to the actual cost of administering these fees up to, but not more than, 7 percent. (f) A student may refuse to pay the student representation fee established under this section. The community college shall provide the student a means to refuse to pay the student representation fee on the same form that is used for collection of fees, which, as determined by the community college, shall be as nearly as practical in the same form as a model form prescribed by regulations of the Board of Governors of the California Community Colleges. (g) Any costs incurred by the Office of the Chancellor of the California Community Colleges to implement subdivisions (b) and (c) shall be reimbursed by the statewide community college student organization. (h) If no statewide community college student organization that qualifies for funding in accordance with this section is recognized by the Board of Governors, the funds collected pursuant to this section shall be held by the Office of the Chancellor of the California Community Colleges until a qualifying statewide community college student organization is recognized, or shall be returned to the source of funds. (Amended by Stats. 2021, Ch. 615, Sec. 79. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4. Student Organizations [76060 - 76067] SECTION 76061. Source version: id_a884eb12-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4. A student who is elected to serve as an officer in the student government of a community college shall meet any of the following requirements: (a) (1) The student shall be enrolled in the community college at the time of election, and throughout the student’s term, with a minimum of five semester units, or the equivalent quarter units. (2) The student shall meet and maintain the minimum standards of scholarship prescribed for community college students by the community college district. (b) The student shall be enrolled in an adult education program offered by a community college district pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50, at the time of the election and throughout the student’s term. (c) The student is enrolled in the community college at the time of election, and throughout the student’s term, and is a disabled student, as defined in subdivision (b) of Section 84850. (Amended by Stats. 2022, Ch. 79, Sec. 1. (AB 1736) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4. Student Organizations [76060 - 76067] SECTION 76062. Source version: id_fe512af2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4. The governing board of a community college district may authorize any organization composed entirely of students attending the colleges of the district to maintain any activities, including fundraising activities, as may be approved by the governing board. (Repealed and added by Stats. 1987, Ch. 1238, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4. Student Organizations [76060 - 76067] SECTION 76063. Source version: id_fe512af4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4. The funds of any student body organization established in the public schools of any community college district shall, subject to approval of the governing board of the district, be deposited or invested in one or more of the following ways: (a) Deposits in trust accounts of the centralized State Treasury system pursuant to Sections 16305 to 16305.7, inclusive, of the Government Code or in a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation. (b) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance. (c) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code or investment by the Treasurer in those securities. (d) Participation in funds that are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code and that are open exclusively to nonprofit colleges, universities, and independent schools. (e) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance. The funds shall be expended subject to procedures that may be established by the student body organization subject to the approval of each of the following three persons, which shall be obtained each time before any of the funds may be expended: an employee or official of the community college district designated by the governing board, the certificated employee who is the designated adviser of the particular student body organization, and a representative of the particular student body organization. (Amended by Stats. 1995, Ch. 201, Sec. 1. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4. Student Organizations [76060 - 76067] SECTION 76064. Source version: id_fe512af6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4. In addition to deposit or investment pursuant to Section 76063, the funds of a student body organization may be loaned or invested in any of the following ways: (a) Loans, with or without interest, to any student body organization established in another community college of the district for a period not to exceed three years. (b) Invest money in permanent improvements to any community college district property including, but not limited to, buildings, automobile parking facilities, gymnasiums, swimming pools, stadia and playing fields, where those facilities, or portions thereof, are used for conducting student extracurricular activities or student spectator sports, or when those improvements are for the benefit of the student body. The investment shall be made on condition that the principal amount of the investment plus a reasonable amount of interest thereon shall be returned to the student body organization as provided herein. Any community college district approving the investment shall establish a fund in accordance with the California Community Colleges Budget and Accounting Manual in which moneys derived from the rental of community college district property to student body organizations shall be deposited. Moneys collected by the governing board for automobile parking facilities as authorized by Section 76360 shall be deposited in the fund designated by the California Community Colleges Budget and Accounting Manual if the parking facilities were provided for by investment of student body funds under this section. Moneys shall be returned to the student body organization as contemplated by this section exclusively from the special fund and only to the extent that there are moneys in the special fund. Whenever there are no outstanding obligations against the special fund, all moneys therein may be transferred to the general fund of the school district by action of the local governing board. Two or more student body organizations of the same community college district may join together in making the investments in the same manner as is authorized herein for a single student body. Nothing herein shall be construed so as to limit the discretion of the local governing board in charging rental for use of community college district property by student body organizations as provided in Section 76060. (Amended by Stats. 1993, Ch. 8, Sec. 31. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4. Student Organizations [76060 - 76067] SECTION 76065. Source version: id_fe512af8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4. The governing board of any community college district shall provide for the supervision of all funds raised by any student body or student organization using the name of the college. The cost of supervision may constitute a proper charge against the funds of the district. The governing board of a community college district may also provide for a continuing audit of student body funds with community college district personnel. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4. Student Organizations [76060 - 76067] SECTION 76067. Source version: id_f5f24934-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4. Any student political organization that is affiliated with the official youth division of any political party that is on the ballot of the State of California may hold meetings on a community college campus, and may distribute bulletins and circulars concerning its meetings, provided that there is no endorsement of that organization by the school authorities and no interference with the regular educational program of the district. (Amended by Stats. 2005, Ch. 654, Sec. 8. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4.5. California Community College Student Federal and State Financial Aid Opportunity Act [76070 - 76071] SECTION 76070. Source version: id_8a00347a-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4.5. (a) The Legislature finds and declares all of the following: (1) Students of the California Community Colleges (CCC) receive federal Pell Grants at a rate significantly below the national community college average, and yet there is no indication that CCC students are less needy. (2) California taxpayers pay into the federal Pell Grant program through federal taxes, but California students do not receive the benefits of the federal Pell Grant program at equal levels. (3) California Community Colleges students receive federal Pell Grant funds at a rate significantly below undergraduate students at the University of California and the California State University, and again, there is no indication that CCC students are less needy. (4) California maintains a low fee for CCC students, significantly lower than for University of California and California State University students and lower than the fee for other community college students in the nation, but this does not mean these students need fewer funds from the federal Pell Grant program. Federal Pell Grant funds do not pay community college fees; instead, federal Pell Grant funds are directed toward the remaining costs of attendance, called “indirect expenses” such as books, supplies, and room and board, which are just as high, and sometimes higher, for CCC students as for those other students in the nation and in other California colleges. (5) Textbook prices are soaring, many CCC students live in high-cost urban areas, many CCC students support children, and financially needy CCC students struggle to make ends meet. A low participation rate in the largest federal grant program in California’s largest system of postsecondary education is unacceptable. (6) The University of California (UC) and the California State University (CSU) conduct annual one-day conferences to educate California high school counselors about the policies, procedures, and services available in their respective systems. The California Community Colleges have not been funded to conduct similar statewide conferences, and must rely on local relationships that do not give all high schools access to consistent information. It is critical for student success in the community colleges that high school counselors are full partners in outreach and preparation, particularly as California is poised to hire and train many new counselors. This training will help counselors understand that all students need encouragement, information, and support services to pursue postsecondary education, not just those who are the most successful and traditionally viewed as headed to four-year colleges and universities. (7) California Community Colleges financial aid programs received a major infusion of administrative allowances in the Budget Act of 2003 (Chapter 157 of the Statutes of 2003), which has resulted in substantial progress in assisting more students to receive federal Pell Grants; however, the average financial aid administrative support per student in the CCC segment, as compared to support for undergraduates in the UC and CSU systems is still significantly lower, while the administrative function is no less demanding, and in some aspects, more demanding, than the challenges faced by financial aid administrators in the UC and CSU systems. (8) Some CCC students fail to receive federal Pell Grants because they do not enroll directly from high school or drop out after beginning attendance, or take very few units and work to support themselves and often to help their families. The income from these jobs, which cannot be sustained if a student desires to be a full-time student, causes students to become ineligible for federal Pell Grants. The colleges have the discretion, under federal law, to work with individuals to document the changes in their circumstances and justify eligibility, but to do so is labor-intensive and, thus, not a service that can be widely provided. (9) Some CCC students are not able to secure financial information from their parents, or are reluctant to approach parents who live in poverty, and give up when they discover the financial aid application process involves their parents. The counseling and assistance necessary to make these highly needy students eligible is also labor-intensive and is, thus, difficult to provide without sufficient professional staff. (10) Some students fail to qualify for federal Pell Grants because they have not yet declared an “eligible program” as their objective, and scarce counseling resources in the community colleges exacerbate this problem. (11) Efforts to improve participation in federal student aid will also have a beneficial effect on participation in the Cal Grant Program, which currently provides only 10 percent of the financial aid funding in the community colleges. While there are participation barriers in the Cal Grant Program, such as early deadlines and limited funds for older students, that cannot be addressed by increased support services, some students will be reached who might not otherwise qualify for the Cal Grant Program. (12) Efforts to improve participation in federal student aid will additionally have a beneficial effect on participation in the Board of Governors Enrollment Fee Waiver Program, which is critical to community college access. (13) The CCC Chancellor’s Office maintains a financial aid unit, but it does not have the staffing capacity to undertake a wide range of systemwide initiatives and support. These initiatives could leverage millions of dollars in federal student assistance. (b) It is the intent of the Legislature to support an array of initiatives to increase the number of CCC students receiving awards from the federal Pell Grant program, thereby helping to improve access to college for low-income students, helping improve their chances of success by having improved financial means to pay for escalating college costs, and the ability to devote more time to their education, improving the participation rate in other federal and state student aid programs, and helping Californians receive their fair share of the federal taxes paid to support federal financial aid programs. (Added by Stats. 2007, Ch. 607, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 4.5. California Community College Student Federal and State Financial Aid Opportunity Act [76070 - 76071] SECTION 76071. Source version: id_8a583f8c-ad6a-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=4.5. (a) The CCC Chancellor’s Office shall develop a statement that individual students will be asked to sign, which acknowledges that federal and state funds are available to assist with the costs of college and that information regarding these programs, and assistance in applying for those funds can be obtained at the financial aid office. The chancellor shall request the colleges to require students to sign this acknowledgment in the application for enrollment at all campuses of the California Community Colleges in the next regular local cycle in which those forms are printed and the next regular cycle in which electronic applications are updated. (b) The CCC Chancellor’s Office shall develop a statement to individual students receiving the Board of Governors Enrollment Fee Waiver, who did not apply for federal student aid, informing them about the benefits of the federal programs, the application process, and the availability of assistance to apply. The chancellor shall request colleges to provide this statement to all students who meet this description. (Added by Stats. 2007, Ch. 607, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 7. Exercise of Free Expression [76120 - 76121] SECTION 76120. Source version: id_fe52b09e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=7. The governing board of a community college district shall adopt rules and regulations relating to the exercise of free expression by students upon the premises of each community college maintained by the district, which shall include reasonable provisions for the time, place, and manner of conducting such activities. Such rules and regulations shall not prohibit the right of students to exercise free expression including, but not limited to, the use of bulletin boards, the distribution of printed materials or petitions, and the wearing of buttons, badges, or other insignia, except that expression which is obscene, libelous or slanderous according to current legal standards, or which so incites students as to create a clear and present danger of the commission of unlawful acts on community college premises, or the violation of lawful community college regulations, or the substantial disruption of the orderly operation of the community college, shall be prohibited. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 7. Exercise of Free Expression [76120 - 76121] SECTION 76121. Source version: id_fe52b0a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=7. The governing board of each community college district shall require each community college maintained by the district, in administering any test or examination, to permit any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed. This requirement shall not apply in the event that administering the test or examination at an alternate time would impose an undue hardship which could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship which could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution. (Added by Stats. 1985, Ch. 633, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 9. Nonresident Tuition [76140 - 76143] SECTION 76140. Source version: id_b0f8c464-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=9. (a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7): (1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis. (2) Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis. (3) (A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue the student’s attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina. (B) The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible. (C) This paragraph shall apply only to the 2005–06 academic year. (4) A special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004. (5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements: (A) Demonstrates a financial need for the exemption. (B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian. (C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B). (D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. (E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance. (F) Upon enrollment, the student will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible. (6) (A) A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada: (i) Incline Village. (ii) Kingsbury. (iii) Round Hill. (iv) Skyland. (v) Stateline. (vi) Zephyr Cove. (B) Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately before seeking the fee exemption pursuant to this paragraph. (C) The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a student’s residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year. (7) (A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following: (i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code. (ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code. (iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code. (B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year. (C) This exemption shall apply only to the tuition fee for credit ESL courses. (b) A community college district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee. (c) Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged. (d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district. (e) (1) The fee established by the governing board of a community college district pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following: (A) The amount that was expended by the community college district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the community college district in the preceding fiscal year. However, if for the community college district’s preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college district’s total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district. (B) The expense of education in the preceding fiscal year of all community college districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all community college districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the community college district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts. (C) An amount not to exceed the fee established by the governing board of any contiguous community college district. (D) An amount not to exceed the amount that was expended by the community college district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B). (E) An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency. (2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. The admission of nonresident students shall not come at the expense of resident enrollment. (f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged to nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends. (g) Any loss in community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding. (h) Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students. (i) Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students. (j) The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments. (Amended by Stats. 2022, Ch. 512, Sec. 1.5. (AB 1232) Effective January 1, 2023. See later operative version, as amended by Stats. 2026, Ch. 79.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 9. Nonresident Tuition [76140 - 76143] SECTION 76140. Source version: id_5a1f0a5c-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=9. (a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), (6), or (8) and shall exempt from all of the fee any person described in paragraph (4), (5), or (7): (1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis. (2) Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis. A nonresident student exempted pursuant to paragraph (8) is not exempted pursuant to this paragraph. (3) (A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue the student’s attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina. (B) The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible. (C) This paragraph shall apply only to the 2005–06 academic year. (4) A special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004. (5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements: (A) Demonstrates a financial need for the exemption. (B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian. (C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B). (D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. (E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance. (F) Upon enrollment, the student will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible. (6) (A) A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada: (i) Incline Village. (ii) Kingsbury. (iii) Round Hill. (iv) Skyland. (v) Stateline. (vi) Zephyr Cove. (B) Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately before seeking the fee exemption pursuant to this paragraph. (C) The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a student’s residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year. (7) (A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following: (i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code. (ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code. (iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code. (B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year. (C) This exemption shall apply only to the tuition fee for credit ESL courses. (8) (A) A student who meets all of the following criteria: (i) Is a nonresident, low-income student who is a resident of Mexico. (ii) Registers for lower division courses at Cuyamaca College, Grossmont College, Imperial Valley College, MiraCosta College, Palomar College, San Diego City College, San Diego Mesa College, San Diego Miramar College, or Southwestern College. (iii) Has residence within 45 miles of the California-Mexico border for at least one year immediately before seeking the fee exemption pursuant to this paragraph. (B) (i) The governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall adopt one uniform policy that accomplishes all of the following: (I) Determines a student’s residence classification. (II) Establishes procedures for an appeal and review of the residence classification. (III) Determines whether a student is low income. (ii) As a condition of its students receiving an exemption pursuant to this paragraph, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall collaborate with each other to ensure the adoption of the uniform policy pursuant to clause (i). (C) (i) No more than 1,350 full-time equivalent students (FTES) in total across all community colleges described in clause (ii) of subparagraph (A) shall be exempted from payment of a nonresident tuition fee under this paragraph in an academic year. (ii) On or before December 31, 2026, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that elect to use the exemption pursuant to this paragraph shall develop a plan to jointly administer and allocate the total number of FTES authorized under clause (i) pursuant to the uniform policy required by subparagraph (B), including how to address if the colleges collectively exceed the cap established in clause (i). (iii) The allocation of FTES pursuant to this subparagraph shall not exceed the aggregate total authorized in clause (i). (iv) A student granted an exemption under this paragraph and enrolled for an academic year shall retain that exemption for the remainder of that academic year, notwithstanding that the aggregate FTES generated under this paragraph subsequently reaches or exceeds the limit established in clause (i). (D) On or before January 1, 2028, the governing boards of the community colleges described in clause (ii) of subparagraph (A) that choose to use the exemption pursuant to this paragraph shall jointly submit a report to the Legislature in compliance with Section 9795 of the Government Code that includes, but is not limited to, the demographics, attendance rate, and class completion rate of students receiving an exemption pursuant to this paragraph. (b) A community college district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee. (c) Nonresident students shall not be reported as FTES for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged. (d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district. (e) (1) The fee established by the governing board of a community college district pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following: (A) The amount that was expended by the community college district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the community college district in the preceding fiscal year. However, if for the community college district’s preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college district’s total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district. (B) The expense of education in the preceding fiscal year of all community college districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all community college districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the community college district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts. (C) An amount not to exceed the fee established by the governing board of any contiguous community college district. (D) An amount not to exceed the amount that was expended by the community college district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B). (E) An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency. (2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. The admission of nonresident students shall not come at the expense of resident enrollment. (f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged to nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends. (g) Any loss in community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding. (h) Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students. (i) Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students. (j) The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), (6), or (8) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments. (k) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2029, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended (as amended by Stats. 2023, Ch. 796, Sec. 3) by Stats. 2026, Ch. 79, Sec. 15. (SB 135) Effective July 13, 2026. Conditionally operative pursuant to Sec. 6 of Stats. 2023, Ch. 796. Inoperative July 1, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions. See later operative version added by Sec. 4 of Stats. 2023, Ch. 796.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 9. Nonresident Tuition [76140 - 76143] SECTION 76140. Source version: id_b5bc35a3-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=9. (a) A community college district may admit, and shall charge a tuition fee to, nonresident students, except that a community college district may exempt from all or parts of the fee any person described in paragraph (1), (2), (3), or (6), and shall exempt from all of the fee any person described in paragraph (4), (5), or (7): (1) All nonresidents who enroll for six or fewer units. Exemptions made pursuant to this paragraph shall not be made on an individual basis. (2) Any nonresident who is both a citizen and resident of a foreign country, if the nonresident has demonstrated a financial need for the exemption. Not more than 10 percent of the nonresident foreign students attending any community college district may be so exempted. Exemptions made pursuant to this paragraph may be made on an individual basis. (3) (A) A student who, as of August 29, 2005, was enrolled, or admitted with an intention to enroll, in the fall term of the 2005–06 academic year in a regionally accredited institution of higher education in Alabama, Louisiana, or Mississippi, and who could not continue the student’s attendance at that institution as a direct consequence of damage sustained by that institution as a result of Hurricane Katrina. (B) The chancellor shall develop guidelines for the implementation of this paragraph. These guidelines shall include standards for appropriate documentation of student eligibility to the extent feasible. (C) This paragraph shall apply only to the 2005–06 academic year. (4) A special part-time student, other than a person excluded from the term “immigrant,” for purposes of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), pursuant to paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, admitted pursuant to Section 76001, 76003, or 76004. (5) A nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements: (A) Demonstrates a financial need for the exemption. (B) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian. (C) Moved abroad as a result of the deportation or voluntary departure specified in subparagraph (B). (D) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. (E) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance. (F) Upon enrollment, the student will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible. (6) (A) A student who attends Lake Tahoe Community College and who has residence, pursuant to subparagraph (B), in one of the following communities in Nevada: (i) Incline Village. (ii) Kingsbury. (iii) Round Hill. (iv) Skyland. (v) Stateline. (vi) Zephyr Cove. (B) Residence shall be determined pursuant to Article 5 (commencing with Section 68060) of Chapter 1 of Part 41 of Division 5. A person shall have residence in one of the communities listed in subparagraph (A) if the person has lived in the community for more than one year immediately before seeking the fee exemption pursuant to this paragraph. (C) The governing board of the Lake Tahoe Community College District shall adopt rules and regulations for determining a student’s residence classification and for establishing procedures for an appeal and review of the residence classification. No more than 200 students shall be exempted from payment of a nonresident tuition fee under this paragraph in any academic year. (7) (A) A nonresident student who enrolls in a credit English as a second language (ESL) course at a California Community College and who is any of the following: (i) A recent immigrant, as defined in Section 1101(a)(15) of Title 8 of the United States Code. (ii) A recent refugee, as defined in Section 1101(a)(42) of Title 8 of the United States Code. (iii) A person who has been granted asylum by the United States, as defined in Section 1158 of Title 8 of the United States Code. (B) This exemption shall apply only to individuals who, upon entering the United States, settled in California and who have resided in California for less than one year. (C) This exemption shall apply only to the tuition fee for credit ESL courses. (b) A community college district may contract with a state, a county contiguous to California, the federal government, or a foreign country, or an agency thereof, for payment of all or a part of a nonresident student’s tuition fee. (c) Nonresident students shall not be reported as full-time equivalent students (FTES) for state apportionment purposes, except as provided by subdivision (j) or another statute, in which case a nonresident tuition fee shall not be charged. (d) The nonresident tuition fee shall be set by the governing board of each community college district not later than March 1 of each year for the succeeding fiscal year. The governing board of each community college district shall provide nonresident students with notice of nonresident tuition fee changes during the spring term before the fall term in which the change will take effect. Nonresident tuition fee increases shall be gradual, moderate, and predictable. The fee may be paid in installments, as determined by the governing board of the district. (e) (1) The fee established by the governing board of a community college district pursuant to subdivision (d) shall represent for nonresident students enrolled in 30 semester units or 45 quarter units of credit per fiscal year one or more of the following: (A) The amount that was expended by the community college district for the expense of education as defined by the California Community Colleges Budget and Accounting Manual in the preceding fiscal year increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the current fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending in the community college district in the preceding fiscal year. However, if for the community college district’s preceding fiscal year FTES of all students attending in the community college district in noncredit courses is equal to, or greater than, 10 percent of the community college district’s total FTES attending in the community college district, the community college district may substitute the data for expense of education in grades 13 and 14 and FTES in grades 13 and 14 attending in the community college district. (B) The expense of education in the preceding fiscal year of all community college districts increased by the projected percent increase in the United States Consumer Price Index as determined by the Department of Finance for the fiscal year and succeeding fiscal year and divided by the FTES (including nonresident students) attending all community college districts during the preceding fiscal year. However, if the amount calculated under this paragraph for the succeeding fiscal year is less than the amount established for the current fiscal year or for any of the past four fiscal years, the community college district may set the nonresident tuition fee at the greater of the current or any of the past four-year amounts. (C) An amount not to exceed the fee established by the governing board of any contiguous community college district. (D) An amount not to exceed the amount that was expended by the community college district for the expense of education, but in no case less than the statewide average as set forth in subparagraph (B). (E) An amount no greater than the average of the nonresident tuition fees of public community colleges of no less than 12 states that are comparable to California in cost of living. The determination of comparable states shall be based on a composite cost-of-living index as determined by the United States Department of Labor or a cooperating government agency. (2) The additional revenue generated by the increased nonresident tuition permitted under the amendments made to this subdivision during the 2009–10 Regular Session shall be used to expand and enhance services to resident students. The admission of nonresident students shall not come at the expense of resident enrollment. (f) The governing board of each community college district also shall adopt a tuition fee per unit of credit for nonresident students enrolled in more or less than 15 units of credit per term by dividing the fee determined in subdivision (e) by 30 for colleges operating on the semester system and 45 for colleges operating on the quarter system and rounding to the nearest whole dollar. The same rate shall be uniformly charged to nonresident students attending any terms or sessions maintained by the community college. The rate charged shall be the rate established for the fiscal year in which the term or session ends. (g) Any loss in community college district revenue generated by the nonresident tuition fee shall not be offset by additional state funding. (h) Any community college district that has fewer than 1,500 FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may exempt students from that state, or may exempt students from those states that participate in the Western Undergraduate Exchange, from the mandatory fee requirement described in subdivision (a) for nonresident students. (i) Any community college district that has more than 1,500, but fewer than 3,001, FTES and whose boundary is within 10 miles of another state that either (1) has a reciprocity agreement with California governing student attendance and fees, or (2) participates in the Western Undergraduate Exchange, may, in any one fiscal year, exempt up to 100 FTES from that state or from states that participate in the Western Undergraduate Exchange from the mandatory fee requirement described in subdivision (a) for nonresident students. (j) The attendance of nonresident students who are exempted pursuant to subdivision (h) or (i), or pursuant to paragraph (3), (4), (5), or (6) of subdivision (a), from the mandatory fee requirement described in subdivision (a) for nonresident students may be reported as resident FTES for state apportionment purposes. Any nonresident student reported as resident FTES for state apportionment purposes who is exempt pursuant to paragraph (6) of subdivision (a), or pursuant to subdivision (h) or (i), shall pay a per-unit fee that is one and one-half times the amount of the fee established for residents pursuant to Section 76300. That fee shall be included in the FTES adjustments described in Section 76300 for purposes of computing apportionments. (k) This section shall become operative on July 1, 2028. (Repealed (in Sec. 3) and added by Stats. 2023, Ch. 796, Sec. 4. (AB 91) Effective January 1, 2024. Operative July 1, 2028, by its own provisions. Conditionally operative pursuant to Sec. 6 of Stats. 2023, Ch. 796.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 9. Nonresident Tuition [76140 - 76143] SECTION 76140.3. Source version: id_6af8b38c-1267-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=9. (a) The Chancellor’s Office of the California Community Colleges shall make available to the Legislative Analyst’s Office all of the following data, categorized by community college district and by academic year, commencing with the 2009–10 academic year: (1) The number of resident students, rendered both as headcount and as full-time equivalent students (FTES), including an identification of any resident enrollment above the district’s cap. (2) The number of nonresident students, rendered both as headcount and as FTES. (3) The per-unit nonresident tuition rate. (4) The total amount of revenue received from nonresident tuition. (5) The total apportionment funding received by the district. (b) The Legislative Analyst’s Office shall include, in its annual analysis of the Governor’s budget proposal, a summary of the data made available pursuant to subdivision (a), as well as an analysis of the degree to which the affected community colleges have complied with the requirements of paragraph (2) of subdivision (e) of Section 76140. (Added by Stats. 2010, Ch. 259, Sec. 2. (AB 2297) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 9. Nonresident Tuition [76140 - 76143] SECTION 76140.5. Source version: id_fe543746-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=9. Notwithstanding Section 76140, a community college may classify a nonresident student who has been hired by a public agency, as a resident for purposes of enrollment in and completion of police academy training courses at a community college, if the student has passed all other requirements of the public agency and if written assurances are provided by the public agency that it intends to classify the student as a peace officer upon successful completion of the police academy training course. (Added by Stats. 1987, Ch. 435, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 9. Nonresident Tuition [76140 - 76143] SECTION 76141. Source version: id_e65f5a49-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=9. (a) In addition to the nonresident tuition fee established pursuant to Section 76140, a community college district may charge to nonresident students an amount not to exceed the amount that was expended by the district for capital outlay in the preceding fiscal year divided by the total full-time equivalent students of the district in the preceding fiscal year. (b) Any fee charged pursuant to this section shall not exceed 50 percent of the nonresident tuition fee established pursuant to Section 76140. (c) (1) Any student who can demonstrate economic hardship, or who is a victim of persecution or discrimination in the country in which the student is a citizen and resident, is exempt from this fee. (2) For purposes of this section, the governing board of each community college district that chooses to impose the fee authorized by this section shall adopt a definition of economic hardship that encompasses the financial circumstances of a person who is a recipient of benefits under the Temporary Assistance for Needy Families program described in Part A of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental Income/State Supplementary Program, or a general assistance program. (d) Revenue from any fee charged pursuant to this section shall be expended only for purposes of capital outlay, maintenance, and equipment. (Amended by Stats. 2009, Ch. 377, Sec. 1. (AB 947) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 9. Nonresident Tuition [76140 - 76143] SECTION 76142. Source version: id_f6d2e53a-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=9. (a) A community college district may charge nonresident applicants who are both citizens and residents of a foreign country a processing fee not to exceed the lesser of: (1) the actual cost of processing an application and other documentation required by the federal government, or (2) one hundred dollars ($100), which may be deducted from the tuition fee at the time of enrollment. (b) No processing fee shall be charged to an applicant who would be eligible for an exemption from nonresident tuition pursuant to Section 76140 or who can demonstrate economic hardship. For purposes of this section, the governing board of each community college district that chooses to impose the fee authorized by this section shall adopt a definition of economic hardship that includes the financial circumstances of a person who is a victim of persecution or discrimination in the foreign country in which the applicant is a citizen and resident, or who is a recipient of benefits under the Temporary Assistance for Needy Families program described in Parts A and F of Title IV of the Social Security Act (42 U.S.C. Secs. 601 et seq.), the Supplemental Income/State Supplementary Program, or a general assistance program. (Amended by Stats. 2005, Ch. 654, Sec. 11. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1. General Provisions [76000 - 76143] ARTICLE 9. Nonresident Tuition [76140 - 76143] SECTION 76143. Source version: id_fe55e4fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.&article=9. For purposes of the nonresident tuition fee, a community college district shall disregard the time during which a student living in the district resided outside the state, if: (1) The change of residence to a place outside the state was due to a job transfer and was made at the request of the employer of the student or the employer of the student’s spouse or, in the case of a student who resided with, and was a dependent of, the student’s parents, the change of residence was made at the request of an employer of either of the student’s parents. (2) Such absence from the state was for a period of not more than four years. (3) At the time of application for admission to a college maintained by the district, the student would qualify as a resident if the period of the student’s absence from the state was disregarded. A nonresident tuition fee shall not be charged to a student who meets each of the conditions specified in subdivisions (1) to (3), inclusive. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 1. Legislative Intent [76200- 76200.] SECTION 76200. Source version: id_fe55e502-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=1. It is the intent of the Legislature to resolve potential conflicts between California law and the provisions of Public Law 93-380 regarding the confidentiality of student records in order to insure the continuance of federal education funds to public community colleges within the state, and to revise generally and update the law relating to such records. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 2. Definitions [76210- 76210.] SECTION 76210. Source version: id_fe576ba6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=2. As used in this chapter, the following definitions shall apply: (a) (1) “Student record” means any item of information directly related to an identifiable student, other than directory information, which is maintained by a community college or required to be maintained by any employee in the performance of his or her duties, whether recorded by handwriting, print, tapes, film, microfilm or other means. (2) “Student record” does not include (A) confidential letters and statements of recommendations maintained by a community college on or before January 1, 1975, if these letters or statements are not used for purposes other than those for which they were specifically intended, (B) information provided by a student’s parents relating to applications for financial aid or scholarships, or (C) information related to a student compiled by a community college officer or employee that remains in the sole possession of the maker and is not accessible or revealed to any other person except a substitute. For purposes of this paragraph, “substitute” means a person who performs, on a temporary basis, the duties of the individual who made the notes and does not refer to a person who permanently succeeds the maker of the notes in his or her position. (3) “Student record” also does not include information related to a student created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity, and that is created, maintained, or used only in connection with the provision of treatment to the student and is not available to anyone other than persons providing that treatment. However, that record may be personally reviewed by a physician or other appropriate professional of the student’s choice. (4) “Student record” does not include information maintained by a community college law enforcement unit, if the personnel of the unit do not have access to student records pursuant to Section 76243, the information maintained by the unit is kept apart from information maintained pursuant to subdivision (a), the information is maintained solely for law enforcement purposes, and the information is not made available to persons other than law enforcement officials of the same jurisdiction. “Student record” does not include information maintained in the normal course of business pertaining to persons who are employed by a community college, if the information relates exclusively to the person in that person’s capacity as an employee and is not available for use for any other purpose. (b) “Directory information” means one or more of the following items: a student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous public or private school attended by the student, and any other information authorized in writing by the student. (c) “Access” means a personal inspection and review of a record or an accurate copy of a record, or an oral description or communication of a record or an accurate copy of a record, and a request to release a copy of any record. (Amended by Stats. 1995, Ch. 758, Sec. 90. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 3. General Provisions [76220 - 76225] SECTION 76220. Source version: id_fe576baa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=3. Community college districts shall establish, maintain, and destroy student records according to regulations adopted by the Board of Governors of the California Community Colleges. Such regulations shall establish state policy as to what items of information shall be placed into student records and what information is appropriate to be compiled by individual community college officers or employees under the exception to student records provided in subdivisions (a) and (b) of Section 76210. No student records shall be destroyed except pursuant to such regulations or as provided in subdivisions (b) and (c) of Section 76232. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 3. General Provisions [76220 - 76225] SECTION 76221. Source version: id_fe58f24c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=3. Community college districts shall notify students in writing of their rights under this chapter upon the date of the student’s enrollment and at least annually thereafter. The notice shall take a form that reasonably notifies students of the availability of the following specific information: (a) The types of student records and information contained therein that are directly related to students and maintained by the institution. (b) The official responsible for the maintenance of each type of record. (c) The location of the log or record required to be maintained pursuant to Section 76222. (d) The criteria to be used by the institution in defining “officials and employees” and in determining “legitimate educational interest” as used in Section 76222 and subdivision (a) of Section 76243. (e) The policies of the institution for reviewing and expunging those records. (f) The right of the student to have access to his or her records. (g) The procedures for challenging the content of student records. (h) The cost if any that will be charged for reproducing copies of records. (i) The categories of information that the institution has designated as directory information pursuant to Section 76240. (j) Any other rights and requirements set forth in this chapter and the right of the student to file a complaint with the United States Department of Education concerning an alleged failure by the institution to comply with Section 438 of the General Education Provisions Act (20 U.S.C.A. 1232g). (Amended by Stats. 1993, Ch. 8, Sec. 32. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 3. General Provisions [76220 - 76225] SECTION 76222. Source version: id_fe58f24e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=3. A log or record shall be maintained for each student’s record which lists all persons, agencies, or organizations requesting or receiving information from the record and the legitimate interests therefor. The listing need not include any of the following: (a) Students to whom access is granted pursuant to Section 76230. (b) Parties to whom directory information is released pursuant to Section 76240. (c) Parties for whom written consent has been executed by the student pursuant to Section 76242. (d) Officials or employees having a legitimate educational interest pursuant to subdivision (a) of Section 76243. The log or record shall be open to inspection only by the student and the community college official or his or her designee responsible for the maintenance of student records, and to the Comptroller General of the United States, the Secretary of Education, an administrative head of an education agency as defined in Public Law 93-380, and state educational authorities as a means of auditing the operation of the system. (Amended by Stats. 1993, Ch. 8, Sec. 33. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 3. General Provisions [76220 - 76225] SECTION 76223. Source version: id_fe58f250-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=3. Any community college may make a reasonable charge in an amount not to exceed the actual cost of furnishing copies of any student record; provided, however, that no charge shall be made for furnishing (1) up to two transcripts of students’ records or (2) up to two verifications of various records of students. No charge may be made to search for or to retrieve any student record. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 3. General Provisions [76220 - 76225] SECTION 76224. Source version: id_fe58f252-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=3. (a) When grades are given for any course of instruction taught in a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the student’s grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final. (b) No grade of a student participating in a physical education class, however, may be adversely affected due to the fact that the student does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the student. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 3. General Provisions [76220 - 76225] SECTION 76225. Source version: id_ce6c87d1-395f-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=3. (a) Whenever a student transfers from one community college or public or private institution of postsecondary education to another within the state, appropriate records or a copy of appropriate records shall be transferred by the former community college, or college or university upon a request from the student. Any community college, college, or university making a transfer of these records shall notify the student of the student’s right to receive a copy of the record and the student’s right to a hearing to challenge the content of the record. (b) The board of governors may adopt rules and regulations concerning the transfer of records pursuant to subdivision (a) to, from, or between colleges under its jurisdiction. (c) Using available funding apportioned to their community college district pursuant to Section 84750.4, community colleges enrolling high school pupils through dual or concurrent enrollment pursuant to Sections 48800 and 76001, shall use eTranscript California, also referred to as “eTranscriptCA,” or its successor system, to enable the uniform integration of the pupil’s completed courses and grades received into the pupil’s universal and electronic high school transcript that is housed on the CaliforniaColleges.edu platform. (Amended by Stats. 2024, Ch. 38, Sec. 93. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 4. Rights of Students [76230 - 76234] SECTION 76230. Source version: id_fe5a78f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=4. Any currently enrolled or former student has a right to access to any and all student records relating to him maintained by community colleges. The editing or withholding of any such records, except as provided for in this chapter, is prohibited. Each community college district shall adopt procedures for the granting of requests by students to inspect and review records during regular school hours, provided that access shall be granted no later than 15 working days following the date of the request. Procedures shall include notification of the location of all official student records if not centrally located and the providing of qualified personnel to interpret records where appropriate. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 4. Rights of Students [76230 - 76234] SECTION 76231. Source version: id_fe5a78fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=4. A student may waive his or her right to access to student records devoted solely to confidential recommendations for career placement, postsecondary admission, or the receipt of an honor or honorary recognition. However, the recommendations shall be used solely for the purpose for which they were specifically intended, and the student shall be notified, upon request, of the names of all persons making confidential recommendations. A waiver may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from a community college. (Amended by Stats. 1995, Ch. 758, Sec. 92. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 4. Rights of Students [76230 - 76234] SECTION 76232. Source version: id_fe5a78fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=4. (a) Any student may file a written request with the chief administrative officer of a community college district to correct or remove information recorded in his or her student records which the student alleges to be: (1) inaccurate; (2) an unsubstantiated personal conclusion or inference; (3) a conclusion or inference outside of the observer’s area of competence; or (4) not based on the personal observation of a named person with the time and place of the observation noted. (b) Within 30 days of receipt of the request, the chief administrative officer, or his or her designee, shall meet with the student and the employee who recorded the information in question, if any, if the employee is presently employed by the community college district. The chief administrative officer or his or her designee shall then sustain or deny the allegations. If the chief administrative officer, or his or her designee, sustains any or all of the allegations, he or she shall order the correction or removal and destruction of the information. If the chief administrative officer, or his or her designee, denies any or all of the allegations and refuses to order the correction or removal of the information, the student, within 30 days of the refusal, may appeal the decision in writing to the governing board of the community college district. (c) Within 30 days of receipt of an appeal, the governing board shall, in closed session with the student and the employee who recorded the information in question, if any, and if that employee is presently employed by the community college district, determine whether to sustain or deny the allegations. If the governing board sustains any or all of the allegations, it shall order the chief administrative officer, or his or her designee, to immediately correct or remove and destroy the information. The decision of the governing board shall be final. Records of these administrative proceedings shall be maintained in a confidential manner and shall be destroyed one year after the decision of the governing board unless the student initiates legal proceedings relative to the disputed information within the prescribed period. (d) If the final decision of the governing board is unfavorable to the student or if the student accepts an unfavorable decision by the chief administrative officer, the student shall have the right to submit a written statement of his or her objections to the information. This statement shall become a part of the student’s record until the information objected to is corrected or removed. (Amended by Stats. 1995, Ch. 758, Sec. 93. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 4. Rights of Students [76230 - 76234] SECTION 76233. Source version: id_fe5bff9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=4. Whenever there is included in any student record information concerning any disciplinary action taken by community college personnel in connection with the student, the student shall be allowed to include in such record a written statement or response concerning the disciplinary action. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 4. Rights of Students [76230 - 76234] SECTION 76234. Source version: id_99049320-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=4. Whenever there is included in any student record information concerning any disciplinary action taken by a community college in connection with any alleged sexual assault or physical abuse, including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat of sexual assault, or any conduct that threatens the health and safety of the alleged victim, the alleged victim of that sexual assault or physical abuse shall be informed within three days of the results of any disciplinary action by the community college and the results of any appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential. (Amended by Stats. 2006, Ch. 538, Sec. 135. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 5. Privacy of Student Records [76240 - 76246] SECTION 76240. Source version: id_f71fccbc-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=5. (a) (1) Community college districts shall adopt a policy identifying those categories of directory information, as defined under Section 1232g of Title 20 of the United States Code as it exists on January 1, 2006, that may be released. The names and addresses of students may be provided to a private school or college operating under Sections 8080 to 8093, inclusive, Sections 33190 and 33191, or Sections 94000 to 94409, inclusive, or its authorized representative. However, no private school or college shall use this information for other than purposes directly related to the academic or professional goals of the institution. (2) Any violation of this subdivision is a misdemeanor, punishable by a fine not to exceed two thousand five hundred dollars ($2,500), and, in addition, the privilege of the school or college to receive this information shall be suspended for a period of two years from the time of discovery of the misuse of the information. (b) Any community college district may limit or deny the release of specific categories of directory information based upon a determination of the best interests of students. (c) Directory information may be released according to local policy as to any former student or any student currently attending the community college. However, public notice shall be given at least annually of the categories of information that the district plans to release and of the recipients. No directory information shall be released regarding any student or former student when the student or former student has notified the institution that the information shall not be released. (Amended by Stats. 2005, Ch. 654, Sec. 12. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 5. Privacy of Student Records [76240 - 76246] SECTION 76241. Source version: id_fe5bffa6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=5. Nothing in this chapter shall preclude a community college from providing, in its discretion, statistical data from which no student may be identified to any public agency or entity or private nonprofit college, university, or educational research and development organization when such actions would be in the best educational interests of students. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 5. Privacy of Student Records [76240 - 76246] SECTION 76242. Source version: id_fe5d8648-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=5. A community college district may permit access to student records to any person for whom the student has executed written consent specifying the records to be released and identifying the party or class of parties to whom the records may be released. The recipient must be notified that the transmission of the information to others without the written consent of the student is prohibited. The consent notice shall be permanently kept with the record file. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 5. Privacy of Student Records [76240 - 76246] SECTION 76243. Source version: id_374c0cb1-5aa1-11e0-b315-b1f3921b499b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=5. (a) A community college or community college district is not authorized to permit access to student records to any person without the written consent of the student or unless pursuant to judicial order, except that access may be permitted to the following: (1) Officials and employees of the community college, if they have a legitimate educational interest to inspect a record. (2) Authorized representatives of the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, an administrative head of an education agency, state education officials, or their respective designees or the United States Office of Civil Rights, where that information is necessary to audit or evaluate a state or federally supported education program or pursuant to a federal or state law, except that when the collection of personally identifiable information is specifically authorized by federal law, any data collected by those officials shall be protected in a manner that will not permit the personal identification of students or their parents by other than those officials, and any personally identifiable data shall be destroyed when no longer needed for that audit, evaluation, and enforcement of federal legal requirements. (3) Other state and local officials or authorities to the extent that information is specifically required to be reported pursuant to state law adopted prior to November 19, 1974. (4) Officials of other public or private schools or school systems, including local, county, or state correctional facilities where educational programs are provided, where the student seeks or intends to enroll, or is directed to enroll, subject to the rights of students as provided in Section 76225. (5) Agencies or organizations in connection with a student’s application for, or receipt of, financial aid, provided that information permitting the personal identification of students may be disclosed only as may be necessary for those purposes as to determine the eligibility of the student for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid. (6) Accrediting organizations in order to carry out their accrediting functions. (7) Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if those studies are conducted in such a manner as will not permit the personal identification of students or their parents by persons other than representatives of those organizations and the information will be destroyed when no longer needed for the purpose for which it is conducted. (8) (A) Appropriate persons in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons, or subject to any regulations issued by the Secretary of Health, Education, and Welfare. (B) A person, persons, agency, or organization permitted access to student records pursuant to this section shall not permit access to any information obtained from those records by any other person, persons, agency, or organization, except to the extent permitted under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the written consent of the student, provided that this subparagraph shall not require prior student consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency or organization obtaining access, so long as those persons have a legitimate educational interest in the information. (b) The alleged victim of any sexual assault or physical abuse, including rape, forced sodomy, forced oral copulation, rape by a foreign object, sexual battery, or threat or assault, or any conduct that threatens the health and safety of the alleged victim, which is the basis of any disciplinary action taken by a community college, shall be permitted access to that information. For the purposes of this subdivision, access to student record information shall be in the form of notice of the results of any disciplinary action by the community college and the results of any appeal, which shall be provided to the alleged victim within three days following that disciplinary action or appeal. The alleged victim shall keep the results of that disciplinary action and appeal confidential. (Amended by Stats. 2011, Ch. 7, Sec. 38. (SB 70) Effective March 24, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 5. Privacy of Student Records [76240 - 76246] SECTION 76244. Source version: id_fe5d864c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=5. Information concerning a student shall be furnished in compliance with a court order or a lawfully issued subpoena. The community college district shall make a reasonable effort to notify the student in advance of compliance with a lawfully issued subpoena and, in the case of compliance with a court order, if lawfully possible within the requirements of the order. (Amended by Stats. 1996, Ch. 879, Sec. 4. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 5. Privacy of Student Records [76240 - 76246] SECTION 76245. Source version: id_fe5d864e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=5. The service of a lawfully issued subpoena or a court order upon a community college employee solely for the purpose of causing the employee to produce a school record pertaining to any student may be complied with by that employee, in lieu of the personal appearance as a witness in the proceeding, by submitting to the court, or other agency or person designated in the subpoena, at the time and place required by the subpoena or court order, a copy of that record, accompanied by an affidavit certifying that the copy is a true copy of the original record on file in the community college or community college office. The copy of the record shall be in the form of a photostat, microfilm, microcard, or miniature photograph or other photographic copy or reproduction, or an enlargement thereof. (Amended by Stats. 1996, Ch. 879, Sec. 5. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 1.5. Student Records [76200 - 76246] ARTICLE 5. Privacy of Student Records [76240 - 76246] SECTION 76246. Source version: id_fe5d8650-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=1.5.&article=5. The Board of Governors of the California Community Colleges shall adopt appropriate rules and regulations to insure the orderly implementation of this chapter. A community college district governing board may adopt rules and regulations which are not inconsistent with this chapter or with those adopted by the board of governors in order to ensure the orderly implementation of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] SECTION 76300. Source version: id_b97947e6-70e8-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=1. (a) The governing board of each community college district shall charge each student a fee pursuant to this section. (b) (1) The fee prescribed by this section shall be forty-six dollars ($46) per unit per semester, effective with the summer term of the 2012 calendar year. (2) The board of governors shall proportionately adjust the amount of the fee for term lengths based upon a quarter system, and also shall proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the board of governors may round the per unit fee and the per term or per session fee to the nearest dollar. (c) For the purposes of computing apportionments to community college districts pursuant to Section 84750.4 or 84750.5, as applicable, the board of governors shall subtract, from the total revenue owed to each district, 98 percent of the revenues received by districts from charging a fee pursuant to this section. (d) The board of governors shall reduce apportionments by up to 10 percent to any district that does not collect the fees prescribed by this section. (e) The fee requirement does not apply to any of the following: (1) Students enrolled in the noncredit courses designated by Section 84757. (2) California State University or University of California students enrolled in pretransfer classes provided by a community college district on a campus of the University of California or a campus of the California State University, for whom the district claims an attendance apportionment pursuant to an agreement between the district and the California State University or the University of California. (3) Students enrolled in credit contract education courses pursuant to Section 78021, if the entire cost of the course, including administrative costs, is paid by the public or private agency, corporation, or association with which the district is contracting and if these students are not included in the calculation of the full-time equivalent students (FTES) of that district. (f) The governing board of a community college district may exempt special part-time students admitted pursuant to Section 76001 from the fee requirement. (g) (1) The fee requirements of this section shall be waived for any student who meets all of the following requirements: (A) Meets minimum academic and progress standards adopted by the board of governors that fulfill the requirements outlined in this paragraph and paragraphs (2) to (5), inclusive. Any minimum academic and progress standards adopted pursuant to this section shall be uniform across all community college districts and campuses. These standards shall not include a maximum unit cap, and community college districts and colleges shall not impose requirements for fee waiver eligibility other than the minimum academic and progress standards adopted by the board of governors and the requirements of subparagraph (B). (B) Meets one of the following criteria: (i) At the time of enrollment, is a recipient of benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Payment Program, or a general assistance program. (ii) Demonstrates eligibility according to income standards established by regulations of the board of governors. (iii) Demonstrates financial need in accordance with the methodology set forth in federal law or regulation for determining the expected family contribution of students seeking financial aid. (iv) At the time of enrollment, is a homeless youth or a former homeless youth as defined in subdivision (b) of Section 66025.9. (2) (A) The board of governors, in consultation with students, faculty, and other key stakeholders, shall consider all of the following in the development and adoption of minimum academic and progress standards pursuant to subparagraph (A) of paragraph (1): (i) Minimum uniform academic and progress standards that do not unfairly disadvantage financially needy students in pursuing their education. (ii) Criteria for reviewing extenuating circumstances and granting appeals that, at a minimum, take into account and do not penalize a student for circumstances outside the student’s control, such as reductions in student support services or changes to the economic situation of the student. (iii) A process for reestablishing fee waiver eligibility that provides a student with a reasonable opportunity to continue or resume the student’s enrollment at a community college. (B) To ensure that students are not unfairly impacted by the requirements of subparagraph (A) of paragraph (1), the board of governors shall establish a reasonable implementation period that commences no sooner than one year from adoption of the minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1) and that is phased in to provide students adequate notification of this requirement and information about available support resources. (3) It is the intent of the Legislature that minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) be implemented only as campuses develop and implement the student support services and interventions necessary to ensure no disproportionate impact to students based on ethnicity, gender, disability, or socioeconomic status. The board of governors shall consider the ability of community college districts to meet the requirements of this paragraph before adopting minimum academic and progress standards, or any subsequent changes to these standards, pursuant to subparagraph (A) of paragraph (1). (4) It is the intent of the Legislature to ensure that a student shall not lose fee waiver eligibility without a community college campus first demonstrating a reasonable effort to provide a student with adequate notification and assistance in maintaining the student’s fee waiver eligibility. The board of governors shall adopt regulations to implement this paragraph that ensure all of the following: (A) Students are provided information about the available student support services to assist them in maintaining fee waiver eligibility. (B) Community college district policies and course catalogs reflect the minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) and that appropriate notice is provided to students before the policies are put into effect. (C) A student does not lose fee waiver eligibility unless the student has not met minimum academic and progress standards adopted pursuant to subparagraph (A) of paragraph (1) for a period of no less than two consecutive academic terms. (5) The board of governors shall provide notification of a proposed action to adopt regulations pursuant to this subdivision to the appropriate policy and fiscal committees of the Legislature in accordance with the requirements of paragraph (1) of subdivision (a) of Section 70901.5. This notification shall include, but not be limited to, all of the following: (A) The proposed minimum academic and progress standards and information detailing how the requirements of paragraphs (1) to (4), inclusive, have been or will be satisfied. (B) How many students may lose fee waiver eligibility by ethnicity, gender, disability, and, to the extent relevant data is available, by socioeconomic status. (C) The criteria for reviewing extenuating circumstances, granting appeals, and reestablishing fee waiver eligibility pursuant to paragraph (2). (h) The fee requirements of this section shall be waived for any student who, at the time of enrollment, is a dependent or surviving spouse who has not remarried, of any member of the California National Guard who, in the line of duty and while in the active service of the state, was killed, died of a disability resulting from an event that occurred while in the active service of the state, or is permanently disabled as a result of an event that occurred while in the active service of the state. “Active service of the state,” for the purposes of this subdivision, refers to a member of the California National Guard activated pursuant to Section 146 of the Military and Veterans Code. (i) The fee requirements of this section shall be waived for any student who is the surviving spouse or the child, natural or adopted, of a deceased person who met all of the requirements of Section 68120 or 68120.3. (j) The fee requirements of this section shall be waived for any student in an undergraduate program, including a student who has previously graduated from another undergraduate or graduate program, who is the dependent of any individual killed in the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon or the crash of United Airlines Flight 93 in southwestern Pennsylvania, if that dependent meets the financial need requirements set forth in Section 69432.7 for the Cal Grant A Program and either of the following applies: (1) The dependent was a resident of California on September 11, 2001. (2) The individual killed in the attacks was a resident of California on September 11, 2001. (k) A determination of whether a person is a resident of California on September 11, 2001, for purposes of subdivision (j) shall be based on the criteria set forth in Chapter 1 (commencing with Section 68000) of Part 41 of Division 5 for determining nonresident and resident tuition. (l) (1) “Dependent,” for purposes of subdivision (j), is a person who, because of the person’s relationship to an individual killed as a result of injuries sustained during the terrorist attacks of September 11, 2001, qualifies for compensation under the federal September 11th Victim Compensation Fund of 2001 (Title IV (commencing with Section 401) of Public Law 107-42). (2) A dependent who is the surviving spouse of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers provided in this section until January 1, 2013. (3) A dependent who is the surviving child, natural or adopted, of an individual killed in the terrorist attacks of September 11, 2001, is entitled to the waivers under subdivision (j) until that person attains 30 years of age. (4) A dependent of an individual killed in the terrorist attacks of September 11, 2001, who is determined to be eligible by the California Victim Compensation Board, is also entitled to the waivers provided in this section until January 1, 2013. (m) (1) It is the intent of the Legislature that sufficient funds be provided to support the provision of a fee waiver for every student who demonstrates eligibility pursuant to subdivisions (g) to (j), inclusive. (2) From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to 2 percent of the fees waived pursuant to subdivisions (g) to (j), inclusive. From funds provided in the annual Budget Act, the board of governors shall allocate to community college districts, pursuant to this subdivision, an amount equal to ninety-one cents ($0.91) per credit unit waived pursuant to subdivisions (g) to (j), inclusive. It is the intent of the Legislature that funds provided pursuant to this subdivision be used to support the determination of financial need and delivery of student financial aid services, on the basis of the number of students for whom fees are waived. It also is the intent of the Legislature that the funds provided pursuant to this subdivision directly offset mandated costs claimed by community college districts pursuant to Commission on State Mandates consolidated Test Claims 99-TC-13 (Enrollment Fee Collection) and 00-TC-15 (Enrollment Fee Waivers). Funds allocated to a community college district for determination of financial need and delivery of student financial aid services shall supplement, and shall not supplant, the level of funds allocated for the administration of student financial aid programs during the 1992–93 fiscal year. (n) (1) A community college district may use available emergency relief funds provided by the federal government to waive the fee requirements established pursuant to this section for a student who has not paid the fee due to the impacts of the COVID-19 pandemic. (2) A community college district may use the authorization established pursuant to this subdivision only to waive the fees of students that are unpaid due to the impacts of the COVID-19 pandemic. A participating community college district shall first waive the unpaid fees of low-income students and students from underrepresented communities. (o) The board of governors shall adopt regulations implementing this section. (Amended by Stats. 2022, Ch. 465, Sec. 5. (AB 2973) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] SECTION 76300.5. Source version: id_086df39d-317a-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=1. (a) A district shall waive the fees of a student who is exempt from paying nonresident tuition under Section 68130.5, and who otherwise qualifies for a waiver under Section 76300, under regulations and procedures adopted by the board of governors. The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code. (b) This section shall become operative on January 1, 2013. (Added by Stats. 2011, Ch. 604, Sec. 4. (AB 131) Effective January 1, 2012. Section operative January 1, 2013, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] SECTION 76301. Source version: id_24f69d4c-47e9-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=1. Notwithstanding any other law, a community college district shall waive the fees of a student who is a victim of trafficking, domestic violence, and other serious crimes who has been granted a status under Section 1101(a)(15)(T)(i) or (ii), or Section 1101(a)(15)(U)(i) or (ii), of Title 8 of the United States Code to the same extent as individuals who are admitted to the United States as refugees under Section 1157 of Title 8 of the United States Code. (Added by Stats. 2012, Ch. 509, Sec. 3. (AB 1899) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] SECTION 76302. Source version: id_f8532c88-70e7-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=1. (a) The governing board of the San Mateo County Community College District may adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need, as determined by the community college district, when other fee waivers are not provided to those students. The policy shall include a requirement to prepare a fiscal impact statement, including a three-year projection of fiscal impact of the fee waiver on the community college district. The fiscal impact statement shall be presented at a public meeting of the governing board of the community college district and made available to the public. (b) In addition to funding received pursuant to subdivision (b) of Section 76396, the San Mateo County Community College District may use local unrestricted general funds to provide assistance to students for the total cost of attendance. (c) The San Mateo County Community College District may use local unrestricted general funds for the purposes described in this section only for students who reside within the boundary of the community college district. (d) On or before March 1, 2026, the governing board of the San Mateo Community College District shall submit a report to the Chancellor’s Office of the California Community Colleges, the Department of Finance, and the appropriate committees of the Legislature on the implementation of this section. The report shall include all of the following: (1) How the district has determined to use local unrestricted general funds to support implementation of the California College Promise. (2) How the district has determined to use local unrestricted general funds to assist students with the total cost of attendance. (3) How the district has determined to use California College Promise funds to assist students with the total cost of attendance. (4) A copy of the policy adopted by the governing board of the San Mateo Community College District pursuant to subdivision (a). (5) A copy of the fiscal impact statement prepared pursuant to subdivision (a). (6) The number and percentage of students receiving a fee waiver pursuant to this section, disaggregated by age, race and ethnicity, unit load, and income level. (7) The number and percentage of students receiving a California Promise Grant, disaggregated by age, race and ethnicity, unit load, and income level. (8) The number and percentage of students receiving other forms of institutional aid, including scholarships and grants, disaggregated by age, race and ethnicity, unit load, and income level. (9) The services and programs that were limited or eliminated due to the implementation of this section. (e) For purposes of this section, the total cost of attendance for a student attending a community college shall be defined to include the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of federal Title IV student aid programs. (f) This section shall become inoperative on July 1, 2028, and as of January 1, 2029, is repealed. (Added by Stats. 2022, Ch. 937, Sec. 1. (SB 893) Effective January 1, 2023. Inoperative July 1, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 1. Enrollment Fees and Financial Aid [76300 - 76303] SECTION 76303. Source version: id_dfc5f1d8-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=1. (a) The governing board of the West Valley-Mission Community College District may adopt a policy that uses local unrestricted general funds to provide fee waivers to students with the greatest financial need, as determined by the community college district, when other fee waivers are not provided to those students. The policy shall include a requirement to prepare a fiscal impact statement, including a three-year projection of the fiscal impact of the fee waiver on the community college district. The fiscal impact statement shall be presented at a public meeting of the governing board of the community college district and made available to the public. (b) In addition to funding received pursuant to subdivision (b) of Section 76396, the West Valley-Mission Community College District may use local unrestricted general funds to provide assistance to students for the total cost of attendance. (c) The West Valley-Mission Community College District may use local unrestricted general funds for the purposes described in this section only for students who reside within the boundary of the community college district. (d) On or before March 1, 2028, the governing board of the West Valley-Mission Community College District shall submit a report to the office of the Chancellor of the California Community Colleges, the Department of Finance, and the appropriate committees of the Legislature on the implementation of this section. The report shall include all of the following: (1) How the district has determined to use local unrestricted general funds to support implementation of the California College Promise. (2) How the district has determined to use local unrestricted general funds to assist students with the total cost of attendance. (3) How the district has determined to use California College Promise funds to assist students with the total cost of attendance. (4) A copy of the policy adopted by the governing board of the West Valley-Mission Community College District pursuant to subdivision (a). (5) A copy of the fiscal impact statement prepared pursuant to subdivision (a). (6) The number and percentage of students receiving a fee waiver pursuant to this section, disaggregated by age, race and ethnicity, unit load, and income level. (7) The number and percentage of students receiving a California Promise Grant, disaggregated by age, race and ethnicity, unit load, and income level. (8) The number and percentage of students receiving other forms of institutional aid, including scholarships and grants, disaggregated by age, race and ethnicity, unit load, and income level. (9) The services and programs that were limited or eliminated due to the implementation of this section. (e) For purposes of this section, the total cost of attendance for a student attending a community college shall be defined to include the student’s tuition and fees, books and supplies, living expenses, transportation expenses, and any other student expenses used to calculate a student’s financial need for purposes of federal Title IV student aid programs. (f) This section shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (Amended by Stats. 2025, Ch. 67, Sec. 67. (AB 1170) Effective January 1, 2026. Inoperative July 1, 2030, by its own provisions. Repealed as of January 1, 2031, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76350. Source version: id_b229fe7c-8185-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. Except as provided in Section 3074.7 of the Labor Code, no charges or fees shall be required to be paid by a resident or nonresident apprentice, or by his or her parent or guardian, for admission or attendance in any course of activity or community college course that is offered pursuant to Section 3074 of the Labor Code in accordance with the instructional hours requirements and course requirements specified in Section 3078 of the Labor Code. (Amended by Stats. 2018, Ch. 33, Sec. 21. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76355. Source version: id_3ae8d079-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. (a) (1) The governing board of a district maintaining a community college may require community college students to pay a fee in the total amount of not more than ten dollars ($10) for each semester, seven dollars ($7) for summer school, seven dollars ($7) for each intersession of at least four weeks, or seven dollars ($7) for each quarter for health supervision and services, including direct or indirect medical and hospitalization services, or the operation of a student health center or centers, or both. (2) The governing board of each community college district may increase this fee by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchase of Goods and Services. Whenever that calculation produces an increase of one dollar ($1) above the existing fee, the fee may be increased by one dollar ($1). (b) If, pursuant to this section, a fee is required, the governing board of the district shall decide the amount of the fee, if any, that a part-time student is required to pay. The governing board may decide whether the fee shall be mandatory or optional. (c) The governing board of a district maintaining a community college shall adopt rules and regulations that exempt the following students from any fee required pursuant to subdivision (a): (1) Students who depend exclusively upon prayer for healing in accordance with the teachings of a bona fide religious sect, denomination, or organization. (2) Students who are attending a community college under an approved apprenticeship training program. (d) (1) All fees collected pursuant to this section shall be deposited in the fund of the district designated by the California Community Colleges Budget and Accounting Manual. These fees shall be expended only to provide health services as specified in regulations adopted by the board of governors. (2) Authorized expenditures shall not include, among other things, athletic trainers’ salaries, athletic insurance, medical supplies for athletics, physical examinations for intercollegiate athletics, ambulance services, the salaries of health professionals for athletic events, any deductible portion of accident claims filed for athletic team members, or any other expense that is not available to all students. No student shall be denied a service supported by student health fees on account of participation in athletic programs. (e) Any community college district that provided health services in the 1986–87 fiscal year shall maintain health services, at the level provided during the 1986–87 fiscal year, and each fiscal year thereafter. If the cost to maintain that level of service exceeds the limits specified in subdivision (a), the excess cost shall be borne by the district. (f) A district that begins charging a health fee may use funds for startup costs from other district funds, and may recover all or part of those funds from health fees collected within the first five years following the commencement of charging the fee. (g) The board of governors shall adopt regulations that generally describe the types of health services included in the health service program. (Amended by Stats. 2005, Ch. 320, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76360. Source version: id_9cf63571-3188-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. (a) (1) The governing board of a community college district may require students in attendance and employees of the district to pay a fee, in an amount, not to exceed fifty dollars ($50) per semester and twenty-five dollars ($25) per intersession, to be established by the board, for parking services. The fee shall only be required of students and employees using parking services and shall not exceed the actual cost of providing parking services. (2) To encourage ridesharing and carpooling, the fee shall not exceed thirty-five dollars ($35) per semester and fifteen dollars ($15) per intersession for a student who certifies, in accordance with procedures established by the board, that he or she regularly has two or more passengers commuting to the community college with him or her in the vehicle parked at the community college. (3) The governing board of each community college district may increase the fee limits imposed by this subdivision by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce. The fees may be increased annually up to the next whole dollar increment above the existing fee limit that calculation produces. (b) (1) The governing board may require payment of a parking fee at a campus in excess of the limits set forth in subdivision (a) for the purpose of funding the construction of on-campus parking facilities if both of the following conditions exist at the campus: (A) The full-time equivalent student (FTES) per parking space on the campus exceeds the statewide average FTES per parking space on community college campuses. (B) The market price per square foot of land adjacent to the campus exceeds the statewide average market price per square foot of land adjacent to community college campuses. (2) If the governing board requires payment of a parking fee in excess of the limits set forth in subdivision (a), the fee may not exceed the actual cost of constructing a parking structure. (c) Students who receive financial assistance pursuant to any programs described in subdivision (g) of Section 76300 shall be exempt from parking fees imposed pursuant to this section that exceed thirty dollars ($30) per semester. (d) The governing board of a community college district may also require the payment of a fee, to be established by the governing board, for the use of parking services by persons other than students and employees. (e) All parking fees collected shall be deposited in the designated fund of the district in accordance with the California Community Colleges Budget and Accounting Manual, and shall be expended only for parking services or for purposes of reducing the costs to students and employees of the college of using public transportation to and from the college. (f) Fees collected for use of parking services provided for by investment of student body funds under the authority of Section 76064 shall be deposited in a designated fund in accordance with the California Community Colleges Budget and Accounting Manual for repayment to the student organization. (g) “Parking services,” as used in this section, means the purchase, construction, and operation and maintenance of parking facilities for vehicles and motor vehicles as defined by Sections 415 and 670 of the Vehicle Code. (Amended by Stats. 2011, Ch. 245, Sec. 1. (SB 774) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76361. Source version: id_b241a54c-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. (a) The governing board of a community college district may require students in attendance and employees at a campus of the district to pay a fee for purposes of partially or fully recovering transportation costs incurred by the district or of reducing fares for services provided by common carriers or municipally owned transit systems to these students and employees. (b) Fees authorized by subdivision (a) for transportation services may be required to be paid only by students and employees using the services, or, in the alternative, by any of the following groups of people: (1) Upon the favorable vote of a majority of the students and a majority of the employees of a campus of the district, who voted at an election on the question of whether or not the governing board should require all students and employees at the campus to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to subdivision (c), and all employees of the campus of the community college district. (2) Upon the favorable vote of a majority of the students at a campus of the district, who voted at an election on the question of whether or not the governing board should require all students to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by all students, other than those students who are exempt from the fees pursuant to subdivision (c), at the campus of the community college district. However, the employees shall not be entitled to use the services. (3) Upon the favorable vote of a majority of the students at a campus of the district taking a specified number of course credits for a specified duration, to be determined by the governing board, who voted at an election on the question of whether or not the governing board should require all students taking that prescribed number of course credits to pay a fee for transportation services for a period of time to be determined by the governing board of the district, the fees may be required to be paid by those students taking the prescribed number of course credits, except those students who are exempt from the fees pursuant to subdivision (c), at the campus of the community college district. However, the employees shall not be entitled to use the services. (c) If a fee is required of students for transportation services pursuant to paragraph (1) or (2) of subdivision (b), the fee required of a part-time student shall be a pro rata lesser amount than the fee charged to full-time students, depending on the number of units for which the part-time student is enrolled. Notwithstanding any other law, the governing board of a community college district that provides for transportation services may adopt rules and regulations to exempt low-income students from this fee, or to require low-income students to pay all or part of this fee. (d) Notwithstanding any other law: (1) The governing board of a community college district to which this section applies shall not enter into, or extend, a contract for transportation services provided by a common carrier or a municipally owned transit system, funded by the proceeds of a fee authorized under this section, unless and until a majority of the students of that district, or campus of that district, as appropriate, who vote in an election, held no more than 10 years prior to the date of the expiration of the contract proposed to be entered into or no more than 10 years prior to the date to which it is proposed that an existing contract be extended, have approved the payment of the fee for this purpose. (2) An election held pursuant to this section shall be held in accordance with regulations adopted by the board of governors to ensure that the election is publicly noticed and that all students of that district or campus of that district, as appropriate, including full-time, part-time, evening, and weekend students, have an opportunity to vote in the election. (3) If the governing board of a community college district decides to seek to terminate or alter the arrangements under which the district receives transportation services from a common carrier or municipally owned transit system, the governing board shall provide at least 12 months’ notice of that intention to the provider of transportation services. (e) (1) The total fees to be established periodically by the governing board pursuant to this section shall not exceed the amount necessary to reimburse the district for transportation costs incurred by the district in providing the transportation service. The sum of the fee authorized pursuant to this section for transportation services and the fee authorized pursuant to Section 76360 for parking services shall not exceed seventy dollars ($70) per semester or thirty-five dollars ($35) per intersession, or the proportionate equivalent for part-time enrollment. (2) The governing board of each community college district may increase the fee limits imposed by this subdivision by the same percentage increase as the Implicit Price Deflator for State and Local Government Purchases of Goods and Services published by the United States Department of Commerce. The fees may be increased annually up to the next whole dollar increment above the existing fee limit that calculation produces. (f) The governing board of a community college district also may require the payment of a fee, to be fixed by the governing board, for the use of transportation services by persons other than students and employees. (g) This section does not apply to, and a fee shall not be charged for, on-campus shuttles or other transportation services operated on a campus or between the campus and parking facilities owned by the district. (Amended by Stats. 2014, Ch. 63, Sec. 1. (AB 2445) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76365. Source version: id_fe621a42-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. The board of governors shall adopt regulations regarding the authority of community college districts to require students to provide various types of instructional materials. These regulations shall reflect the intent of the Legislature that community college districts are not required to provide all materials, textbooks, equipment, and clothing necessary for each course and program. These regulations shall specify the conditions under which districts may require students to provide those materials that are of continuing value to the student outside of the classroom setting, including, but not limited to, textbooks, tools, equipment, clothing, and those materials that are necessary for the student’s vocational training and employment. The regulations shall establish a process for monitoring district compliance with these regulations. (Added by Stats. 1993, Ch. 8, Sec. 34. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76370. Source version: id_fe621a44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. The governing board of a community college district may authorize a person to audit a community college course and may charge that person a fee pursuant to this section. (a) If a fee for auditing is charged, it shall not exceed fifteen dollars ($15) per unit per semester. The governing board shall proportionately adjust the amount of the fee for term lengths based upon a quarter system or other alternative system approved pursuant to regulations of the board of governors, and shall also proportionately adjust the amount of the fee for summer sessions, intersessions, and other short-term courses. In making these adjustments, the governing board may round the per unit fee and the per term or per session fee to the nearest dollar. (b) Students enrolled in classes to receive credit for 10 or more semester credit units shall not be charged a fee to audit three or fewer semester units per semester. (c) No student auditing a course shall be permitted to change his or her enrollment in that course to receive credit for the course. (d) Priority in class enrollment shall be given to students desiring to take the course for credit towards a degree or certificate. (e) Classroom attendance of students auditing a course shall not be included in computing the apportionment due a community college district. (Amended by Stats. 1995, Ch. 758, Sec. 100. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76375. Source version: id_f8ab00a2-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. (a) (1) The governing board of a community college district may establish an annual building and operating fee for the purpose of financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center, which fee shall be required of all students attending a community college where the student body center is to be located. (2) The fee shall be imposed by the governing board, at its option, only after a favorable vote of two-thirds of the students voting in an election held for that purpose at a community college, in the manner prescribed by the Board of Governors of the California Community Colleges, and open to all regular students enrolled in credit classes at the community college. The election shall occur on a regularly scheduled college day and at least 20 percent of the students enrolled in credit classes as of October 1 of the college year during which the election is held must cast a ballot for the election to be declared valid. (3) The annual building and operating fee shall not exceed one dollar ($1) per credit hour, up to a maximum of ten dollars ($10) per student per fiscal year. The fee requirement shall not apply to students enrolled in the noncredit courses designated by Section 84757. The fee requirement shall not apply to a student who is a recipient of the benefits under the Temporary Assistance for Needy Families program, the Supplemental Security Income/State Supplementary Program, or the General Assistance program. (4) The fee authorized by this section shall be supplemental to all other fees charged to community college students. (5) If fee income is used to retire obligations the district incurs when it uses a revenue bond to construct a student center, the fee shall remain in effect at least until the bond obligation is retired. (b) Each community college district shall be responsible for the custody of the moneys collected pursuant to this section, and shall provide the necessary accounting records and controls thereof. The district shall be reimbursed from these funds in an amount to cover the cost of custodial and accounting services provided by the district in connection with these funds. These funds may be expended by the district only upon submission and approval of the appropriate claim schedule by the student government or its designee. (c) All unexpended funds and money collected by any community college district pursuant to this section shall be available for financing, constructing, enlarging, remodeling, refurbishing, and operating a student body center, and until so used, shall, subject to the approval of the student government, be deposited or invested in trust by the appropriate district official in any one or more of the following ways: (1) Deposits in trust accounts of a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation. (2) Investment certificates or withdrawable shares in state chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation. (3) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code. (4) Participation funds that are exempt from federal income tax pursuant to Section 501(c)(3) of Title 26 of the United States Code and that are open exclusively to nonprofit colleges, universities, and independent schools. (5) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration, and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully recovered by that insurance. (6) Deposits with the county treasurer of the county in which the district is located. (d) The student government of a community college with an annual building and operating fee pursuant to this section shall determine the appropriate uses of the fee income and the student body center facility itself. (Amended by Stats. 2005, Ch. 654, Sec. 15. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76380. Source version: id_fe63a0e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. (a) An adult enrolled in a noncredit course shall not be required by the governing board of the district maintaining the class to pay nonresident tuition or any fee or charge of any kind for a class in English and citizenship for foreigners, a class in an elementary subject, a class designated by the governing board as a class for which high school credit is granted when the class is taken by a person who does not hold a high school diploma, or any class offered by a community college district pursuant to Section 8531, 8532, 8533, or 8534. (b) The full-time equivalent student of adults in classes described in subdivision (a) shall be computed as prescribed by regulations of the board of governors. (Amended by Stats. 1995, Ch. 758, Sec. 101. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76385. Source version: id_fe63a0ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. A student enrolled in a class offered by a community college district that is not eligible for state apportionments may be required by the governing board of the district maintaining the class to pay a fee for the class. The total revenues derived from the fee shall not exceed the estimated cost of all of these classes maintained. (Added by Stats. 1993, Ch. 8, Sec. 34. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 2. Authorized Fees [76350 - 76395] SECTION 76395. Source version: id_fe63a0ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=2. The governing board of a community college district may impose a fee on a participating student for the additional expenses incurred when physical education courses are required to use nondistrict facilities. (Added by Stats. 1993, Ch. 8, Sec. 34. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 3. California College Promise [76396 - 76396.4] SECTION 76396. Source version: id_815696aa-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=3. (a) The California College Promise is hereby established, to be administered by the Chancellor of the California Community Colleges. (b) (1) Upon appropriation by the Legislature, the chancellor shall distribute funding to community college districts to fund colleges that satisfy the requirements of this article. (2) (A) The chancellor shall establish a funding formula that advances the goals outlined in Section 76396.1. (B) It is the intent of the Legislature that sufficient funding be allocated to each community college to waive all student fees pursuant to subdivision (b) of Section 76396.3. (C) The funding formula established pursuant to subparagraph (A) shall, for funding appropriated for this article in excess of the funding determined pursuant to subparagraph (B), include, but not be limited to, both of the following factors: (i) Number of full-time equivalent students at a community college. (ii) Number of students at a community college who satisfy the requirements to receive federal Pell Grants and the requirements in Section 68130.5. (c) For purposes of this article, “chancellor” means the Chancellor of the California Community Colleges. (Added by Stats. 2017, Ch. 735, Sec. 1. (AB 19) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 3. California College Promise [76396 - 76396.4] SECTION 76396.1. Source version: id_8f55cc81-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=3. It is the intent of the Legislature that the California College Promise support the California Community Colleges in accomplishing all of the following goals: (a) Increasing the number and percentage of high school students who are prepared for and attend college directly from high school and increasing the percentage of high school graduates who are placed directly into transfer-level mathematics and English courses at a community college. (b) Increasing the percentage of students who earn associate degrees or career technical education certificates that prepare them for in-demand jobs and increasing the percentage of students who report being employed in their field of study. (c) Increasing the percentage of students who successfully transfer from a community college to the California State University or the University of California and increasing the percentage of students who graduate from college with a baccalaureate degree. (d) Reducing and eliminating regional achievement gaps and achievement gaps for students from groups that are underrepresented at the California Community Colleges, including, but not limited to, underrepresented students, low-income students, students who are current or former foster youth, students with disabilities, formerly incarcerated students, undocumented students, students meeting the requirements of Assembly Bill 540 of the 2001–2002 Regular Session of the Legislature, and students who are veterans. (e) Addressing the ongoing crisis of basic needs insecurity among community college students, including, but not limited to, high levels of food and housing insecurity. (f) Encouraging students with some prior college experience but who never completed a degree or certificate to return to college and complete their educations. (g) Ensuring broad awareness of the benefits of the California College Promise program by informing prospective students that they may attend community college tuition-free and providing information about the on-campus services and support programs available to help students succeed in college. (Amended by Stats. 2022, Ch. 54, Sec. 24. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 3. California College Promise [76396 - 76396.4] SECTION 76396.2. Source version: id_943ab2b3-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=3. As a condition of participating in, and receiving funding for, the California College Promise, community colleges and community college districts shall advance the goals outlined in Section 76396.1. These conditions shall include all of the following: (a) Partnering with one or more local educational agencies to establish an Early Commitment to College Program that is consistent with the intent of former Article 6.3 (commencing with Section 54710) of Chapter 9 of Part 29 of Division 4 of Title 2 to provide K–12 students and families assistance that includes, but is not limited to, learning about college opportunities, visiting campuses, taking and completing college preparatory courses, and applying for college and financial aid. (b) Partnering with one or more local educational agencies to support and improve high school student preparation for college and reduce postsecondary remediation through practices that may include, but shall not be limited to, small learning communities, concurrent enrollment, and other evidence-based practices. (c) Using evidence-based assessment and placement practices at the community college that comply with Section 78213 and include multiple measures of student performance, which shall include, among other measures, overall grade point averages, including grades in high school courses, and using evidence-based practices to improve outcomes for underprepared students. (d) Participating in the California Community College Guided Pathways Grant Program established pursuant to Part 54.81 (commencing with Section 88920) in order to clarify the academic path for students, help students enter a pathway, help students stay on an academic path, and ensure that students are learning. (e) Maximizing student access to need-based financial aid by leveraging the Board of Governors fee waiver established under Section 76300, commonly known as the California Promise Grant, ensuring that students complete the Free Application for Federal Student Aid, Cal Grant application, or Dream Act application, and participating in a federal loan program authorized under Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.). On or before January 1, 2018, a community college that does not participate in the federal loan program shall be provisionally eligible to participate in the California College Promise for one calendar year. The community college shall comply with the federal loan participation requirements in order to participate in the California College Promise on or after January 1, 2019. (f) Maximizing available resources to address student basic needs, through the provision of basic needs services and resources, as defined in Section 66023.5. This condition may be met, at a minimum, by establishing a formal program to partner with county human services agencies, including with the staff liaison to institutions of higher education designated pursuant to Section 10006 of the Welfare and Institutions Code. This partnership may occur through the Basic Needs Center established pursuant to Section 66023.5. (Amended by Stats. 2022, Ch. 54, Sec. 25. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 3. California College Promise [76396 - 76396.4] SECTION 76396.3. Source version: id_1de45575-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=3. (a) A community college that has been certified by the chancellor as meeting the conditions established under Section 76396.2 shall receive funding pursuant to Section 76396. (b) (1) The community college may use funding appropriated pursuant to this article to waive some or all of the fees for first-time community college students and returning community college students who are enrolled at the college full time, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except that a student who has previously earned a degree or certificate from a postsecondary educational institution is not eligible for this fee waiver. A fee waiver that a first-time community college student or returning community college student receives pursuant to this subdivision shall only be for two academic years, and fees shall only be waived for the summer term and each semester or quarter of an academic year in which the student maintains full-time status. A fee waiver provided pursuant to this subdivision shall not be available to a student who is charged a tuition fee pursuant to Section 76140. (2) Notwithstanding paragraph (1), a student who is a member of the Armed Forces of the United States and is called to duty compelling the student to take a leave of absence pursuant to provisions of Title 10, Title 14, or Title 32 of the United States Code, or to state-funded active duty on order of the Governor, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program. The time during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise. (3) Notwithstanding paragraph (1), a high school pupil who enrolls in community college pursuant to Section 48800, 52620, or 76004 shall be considered a first-time community college student for purposes of paragraph (1) upon the student’s enrollment in community college after high school graduation. (c) For purposes of this section, the following terms have the following meanings: (1) “Academic year” means the total of the summer term that immediately precedes the first semester or quarter of the fall term, and the two consecutive semesters or three quarters that immediately follow that summer term. Each semester or quarter is approximately the same length. (2) “Armed Forces of the United States” means the United States Air Force, Army, Coast Guard, Marine Corps, Space Force, and Navy, and the reserve components of each of those forces, and the California National Guard, the California State Guard, and the California Naval Militia. (3) (A) Except as provided in subparagraph (B), “full time” means 12 or more semester units or the equivalent. (B) A student enrolled in fewer than 12 units may be deemed “full time” at the discretion of the institution if the student has been certified as “full time” by a staff person in the disabled student services program at the institution who is qualified to make such a designation. (4) “Returning community college student” means a student who has taken a break of one or more semesters, or the equivalent quarters. (d) It is the intent of the Legislature that funding provided to support the California College Promise be used by the community college to advance the goals outlined in Section 76396.1. (e) On or before July 1, 2024, the chancellor’s office shall submit a report to the Legislature in compliance with Section 9795 of the Government Code evaluating the use of funding for the California College Promise to waive student fees. The report shall determine whether the goals outlined in Section 76396.1 are being met. (f) The chancellor’s office may require community colleges and community college districts receiving funding pursuant to this article to report on an annual basis the use of these funds consistent with the conditions of Section 76396.2. Funding during the following academic year may only be distributed to those community colleges and community college districts that provided this information, if required by the chancellor’s office, in a timely manner during the prior academic year and demonstrated compliance with the requirements of Section 76396.2 and this subdivision. (Amended by Stats. 2023, Ch. 102, Sec. 1. (AB 1342) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 2. Fees [76300 - 76396.4] ARTICLE 3. California College Promise [76396 - 76396.4] SECTION 76396.4. Source version: id_815696b2-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=2.&article=3. The board of governors may adopt regulations implementing this section. (Added by Stats. 2017, Ch. 735, Sec. 1. (AB 19) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ARTICLE 1. General Provisions [76401 - 76407] SECTION 76401. Source version: id_fe652792-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=3.&article=1. The governing board of any community college district shall make such rules for the examination of the students in the community colleges under its jurisdiction as will ensure proper care of the students and proper secrecy in connection with any defect noted by the supervisor of health, or his or her assistant, and may tend to the correction of the physical defect. (Repealed and added by Stats. 1981, Ch. 470, Sec. 130.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ARTICLE 1. General Provisions [76401 - 76407] SECTION 76403. Source version: id_fe652794-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=3.&article=1. (a) Notwithstanding any other provision of law, the governing board of any community college district shall cooperate with the local health officer in measures necessary for the prevention and control of communicable diseases in students. (b) A registered nurse, acting under the direction of a supervising physician and surgeon, may perform immunization techniques within the course of a school immunization program provided that the administration of an immunizing agent is upon the standing orders of a supervising physician and surgeon and in accordance with written regulations which the State Department of Health Services may adopt pursuant to Section 303.5 of the Health and Safety Code. (c) While nothing in this section shall be construed to require the physical presence of the supervising physician and surgeon, the supervising physician and surgeon under whose direction the registered nurse is acting shall require the nurse to: (1) Satisfactorily demonstrate competence in the administration of immunizing agents, including knowledge of all indications and contraindications for the administration of these agents, and in the recognition and treatment of any emergency reactions to agents which constitute a danger to the health or life of the person receiving the immunizations; and (2) Possess medications and equipment required, in the medical judgment of the supervising physician and surgeon, to treat any emergency conditions and reactions caused by the immunizing agents and which constitute a danger to the health or life of the person receiving the immunization, and to demonstrate the ability to administer the medications and to utilize the equipment as necessary. (Amended by Stats. 1990, Ch. 1372, Sec. 447.5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 47. STUDENTS [76000 - 76407] CHAPTER 3. Student Health Services and Supervision [76401 - 76407] ARTICLE 1. General Provisions [76401 - 76407] SECTION 76407. Source version: id_fe652796-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=47.&chapter=3.&article=1. (a) Notwithstanding any provision of any law, no community college district, officer of any community college district, college president or superintendent, physician, or hospital treating any minor enrolled in any school in any district shall be held liable for the reasonable treatment of a minor without the consent of a parent or guardian of the child when the minor is ill or injured during regular schools hours, requires reasonable medical treatment, and the parent or guardian cannot be reached, unless the parent or guardian has previously filed with the district a written objection to any medical treatment other than first aid. (b) Notwithstanding any provision of any law, no physician and surgeon who in good faith and without compensation renders voluntary emergency medical assistance to a participant in a community college athletic event or contest at the site thereof, or during transportation to a health care facility, for an injury suffered in the course of the event or contest, shall be liable for any civil damages as a result of any acts or omissions by the physician and surgeon in rendering the emergency medical care. The immunity granted by this paragraph shall not apply in the event of an act or omission constituting gross negligence. (Amended by Stats. 1990, Ch. 1372, Sec. 449.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1. General Provisions [78015 - 78016] SECTION 78015. Source version: id_fe6834de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1. (a) (1) The governing board of a community college district, prior to establishing a vocational or occupational training program, shall conduct a job market study of the labor market area, as those terms are defined in Section 52301.5, in which it proposes to establish the program. The study shall use the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information. The study shall include a California Occupational Information System supply analysis of existing vocational and occupational education or training programs for adults maintained by high schools, community colleges, and private postsecondary schools in the area to ensure that the anticipated employment demand for students in the proposed programs justifies the establishment of the proposed courses of instruction. (2) The governing board of the community college district shall make copies of each job market study available to the public. (b) Subsequent to completing the study required by this section and prior to establishing the program, the governing board of the community college district shall determine whether or not the study justifies the proposed vocational education program. (c) If the governing board of the community college district determines that the job market study justifies the initiation of the proposed program, it shall determine, by resolution, whether the program shall be offered through the district’s own facilities or through a contract with an approved private postsecondary school pursuant to Section 8092. (Amended by Stats. 1998, Ch. 365, Sec. 1. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1. General Provisions [78015 - 78016] SECTION 78016. Source version: id_fe6834e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1. (a) Every vocational or occupational training program offered by a community college district shall be reviewed every two years by the governing board of the district to ensure that each program, as demonstrated by the California Occupational Information System, including the State-Local Cooperative Labor Market Information Program established in Section 10533 of the Unemployment Insurance Code, or if this program is not available in the labor market area, other available sources of labor market information, does all of the following: (1) Meets a documented labor market demand. (2) Does not represent unnecessary duplication of other manpower training programs in the area. (3) Is of demonstrated effectiveness as measured by the employment and completion success of its students. (b) Any program that does not meet the requirements of subdivision (a) and the standards promulgated by the governing board shall be terminated within one year. (c) The review process required by this section shall include the review and comments by the local Private Industry Council established pursuant to Division 8 (commencing with Section 15000) of the Unemployment Insurance Code, which review and comments shall occur prior to any decision by the appropriate governing body. (d) This section shall apply to each program commenced subsequent to July 28, 1983. (e) A written summary of the findings of each review shall be made available to the public. (Amended by Stats. 1998, Ch. 365, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1.3. Agricultural Education Program Quality Criteria [78017 - 78017.3] SECTION 78017. Source version: id_fa3bf64b-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1.3. The Legislature finds and declares all of the following: (a) Agriculture is one of the most important industries in California, contributing over sixty-five billion dollars ($65,000,000,000) annually to the state’s economic activity. (b) Agricultural education programs within the California Community Colleges system can, and do, play an important role in providing relevant workforce training as well as college and university transfer options for students. (c) Among the purposes of the California Community Colleges Agriculture and Natural Resources Advisory Committee is the development of recommendations for improving and enhancing community college agricultural education programs on a statewide basis. (d) It is in the best interests of the public that programs in agricultural education that exist within the California Community Colleges system be measured annually against uniform, objective quality criteria indicators. (Added by Stats. 2005, Ch. 362, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1.3. Agricultural Education Program Quality Criteria [78017 - 78017.3] SECTION 78017.3. Source version: id_fafdbfad-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1.3. (a) The California Community Colleges Agriculture and Natural Resources Advisory Committee shall identify and develop quality program criteria that may be used to uniformly evaluate the effectiveness of the agricultural education programs in community colleges throughout California. These criteria shall be developed in consultation with instructors, administrators, students, industry representatives, and other interested parties, and shall build upon the local program evaluation document previously developed by the advisory committee. These criteria shall be submitted, no later than June 30, 2007, in a written report to the Chancellor of the California Community Colleges and the Legislature. (b) The California Community Colleges Agriculture and Natural Resources Advisory Committee shall perform all of the activities specified in subdivision (a) within the allotment of funding provided to the advisory committee under the federal Carl D. Perkins Vocational and Technical Education Act (VTEA). Under no circumstances shall these activities result in a state operations request for General Fund support or displace any other VTEA-funded state operations activities within the office of the Chancellor of the California Community Colleges. (Added by Stats. 2005, Ch. 362, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1.4. Vocational Education Coordination Plan [78018- 78018.] SECTION 78018. Source version: id_19359b9a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1.4. (a) As a condition of federal funds provided under the Carl D. Perkins Vocational and Applied Technology Act of 1998 (20 U.S.C. Sec. 2301 et seq.) or any successor thereof, and to the extent permitted by federal law, a community college shall develop a plan for enabling the development of course sequences that span courses provided in grades 7 to 12, inclusive, courses provided by regional occupational centers or programs, and courses provided by community college vocational education programs. The community college shall consult with the school districts and regional occupational centers or programs in the area served by the college, and with the relevant local workforce investment board, in the development of the plan. The plan shall do all of the following: (1) Identify the occupational areas in which the college and high schools or regional occupational centers and programs offer instruction. (2) Describe the plan the community college will follow to create the sequences required under subdivision (c) of Section 52302. (3) Establish an institutionwide process and criteria for awarding community college credit for vocational courses taken by pupils in high school or through the regional occupational center or program. (b) The plan shall be adopted by the governing board of the community college district on or before July 1, 2008. Copies of the plan shall be submitted to the appropriate school districts and regional occupational centers or programs, and the chancellor. (Added by Stats. 2006, Ch. 572, Sec. 25. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1.5. Contract Education [78020 - 78023] SECTION 78020. Source version: id_f8f1cda4-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1.5. For purposes of this article: (a) “Contract education” means those situations in which a community college district contracts with a public or private entity for the purposes of providing instruction or services or both by the community college. (b) “Credit” refers to any class offered for community college credit, regardless of whether the class generates state apportionments. (c) “Noncredit” refers to courses that meet the criteria for apportionment pursuant to Section 84757. (d) “Not-for-credit” refers to classes, including community services classes, that are offered without credit and that are not eligible for apportionments pursuant to Section 84757. (Amended by Stats. 2005, Ch. 654, Sec. 16. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1.5. Contract Education [78020 - 78023] SECTION 78021. Source version: id_f93b80d6-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1.5. (a) The governing board of any community college district may establish, or with one or more community college districts may establish, contract education programs within or outside the state by agreement with any public or private agency, corporation, association, or any other person or body, to provide specific educational programs or training to meet the specific needs of these bodies. (b) The contracting community college district or districts shall recover, from all revenue sources, including, but not necessarily limited to, public and private sources, or any combination thereof, an amount equal to, but not less than, the actual costs, including administrative costs, incurred in providing these programs or training. (c) The attendance of students in these contract education programs shall not be included for purposes of calculating the full-time equivalent students (FTES) for apportionments to these districts, unless all statutory and regulatory conditions for generating FTES are met. (Amended by Stats. 2005, Ch. 654, Sec. 17. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1.5. Contract Education [78020 - 78023] SECTION 78022. Source version: id_fe69bb88-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1.5. (a) Faculty in all credit and noncredit contract education classes shall be selected and hired according to procedures existing in a community college district for the selection of instructors for credit classes. (b) Faculty teaching credit and noncredit contract education classes shall be compensated in the same manner as comparable faculty in the regular, noncontract education program. This subdivision does not apply to faculty teaching in contract education programs conducted outside California for the United States armed forces, unless the faculty member is covered by a collective bargaining agreement. (c) Faculty teaching credit or noncredit contract education classes shall be evaluated according to the procedures used for the evaluation of faculty in the regular, noncontract education program. (d) Faculty teaching not-for-credit contract education classes shall be compensated in the same manner as faculty in the regular, noncontract education program if the course meets the same standards as a course in the credit curriculum. This subdivision does not apply to faculty teaching in contract education programs conducted outside California for the United States armed forces, unless the faculty member is covered by a collective bargaining agreement. (e) Faculty teaching not-for-credit contract educational programs shall be evaluated according to procedures specified in the contract between the community college district and the public or private entity to establish the program. (f) This section shall not be construed to restrict the appearance of guest lecturers in any programs or classes operated by a community college district. (Amended by Stats. 1994, Ch. 166, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 1.5. Contract Education [78020 - 78023] SECTION 78023. Source version: id_fe69bb8a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=1.5. (a) Nonprofit public benefit corporations that are not organized as auxiliary organizations pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45 and are conducting contract education programs shall not use the name of a community college district or of a college of a community college district. (b) A nonprofit public benefit corporation that is not organized as an auxiliary organization pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45 and is conducting contract education programs shall not employ the resources and staff of a community college district without full compensation for all related costs. (Added by Stats. 1987, Ch. 493, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 2. Interdistrict Attendance [78030 - 78034] SECTION 78030. Source version: id_fe6b422e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=2. (a) The Legislature finds and declares as follows: (1) Many community college students desire to attend, and do attend, community colleges outside their district of residence. (2) Prior to the passage of Proposition 13, interdistrict attendance restrictions were necessary to provide for payments from the district of residence to a district of attendance whenever significant numbers of students were involved. (3) The fact that community colleges are now substantially reliant upon the state for financial resources rather than upon local residents compels a reexamination of the concern over subsidization of the attendance of nondistrict residents. (4) Community college district boundaries are often irregular in configuration and require many students to attend community colleges in less convenient locations when interdistrict attendance restrictions are imposed. (5) Transportation is the most significant cost facing community college students with regard to college attendance. (6) It is not in the best interests of the people of the State of California that attendance at a community college be restricted to a person’s district of residence. (b) It is the intent of the Legislature in enacting this article to provide for the unrestricted enrollment and attendance of students at community colleges, thereby providing each resident of the state an equal opportunity to attend the community college of his or her choice. (Repealed and added by Stats. 1987, Ch. 1136, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 2. Interdistrict Attendance [78030 - 78034] SECTION 78031. Source version: id_fe6b4230-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=2. (a) Subject to Article 1 (commencing with Section 76000) of Chapter 1 of Part 47, a district resident, as defined for purposes of Part 41 (commencing with Section 68000), shall be admitted to a community college in another district without regard to district boundaries, unless the Board of Governors of the California Community Colleges finds that compelling, extenuating circumstances exist under which the application of this policy would be substantially detrimental to the opportunity of students to obtain a quality education. (b) No district shall restrict the admission of its residents into a community college of another district, nor shall it restrict the admission of residents of another district into its community college or colleges, except as authorized under Section 78032. (Amended by Stats. 1990, Ch. 1372, Sec. 456.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 2. Interdistrict Attendance [78030 - 78034] SECTION 78032. Source version: id_f98470b8-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=2. (a) The Board of Governors of the California Community Colleges may, pursuant to a finding that one or more of the following concerns in any community college district requires the restriction of interdistrict attendance, impose one or more restrictions upon interdistrict attendance with regard to that district as it deems necessary: (1) Protection of the financial health of the district, and of educational program integrity, including, but not limited to, maintenance of the appropriate quality and scope of student educational opportunity. (2) The need to avoid overcrowding, in light of the available space in the district. (3) The priority that resident students not be displaced by students who do not reside in the district. (b) No restriction adopted under subdivision (a) shall apply for a period of longer than two years, absent additional action of the board of governors to continue that restriction. (c) (1) No community college district shall recruit any student who is a resident of any other community college district, except where an agreement exists between those districts authorizing each district to recruit within the boundaries of the other district. (2) If, pursuant to an agreement as described in paragraph (1), a community college district recruits within the boundaries of another community college district, it shall recruit from all high schools within that other district, and may not favor any high schools over other high schools within that other district. (3) For purposes of this section: (A) “Recruiting” means either or both of the following actions by a community college district, where the apparent purpose is to encourage student attendance in that district: (i) The mailing by a community college district, to any address not within its boundaries, of class schedules or other written information, except to current or former students of the district or at the addressee’s request. (ii) The personal visit by a representative of the community college district to any high school, except in response to an invitation from the school district of which the high school is a part. (B) “Recruiting” does not include any information provided by a community college district through radio, television, or any newspaper or other publication that is not published or otherwise issued by the district, and for which distribution is not limited to residents of the district. (d) The board of governors shall authorize the Chancellor of the California Community Colleges to retain in any fiscal year an amount of up to 5 percent of the appropriation calculated under Chapter 5 (commencing with Section 84700) of Part 50 as a penalty applicable to any community college district that violates this article, including, but not necessarily limited to, any restriction imposed by the board of governors under this section. Any funds retained pursuant to this subdivision shall revert to the General Fund. (Amended by Stats. 2005, Ch. 654, Sec. 18. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 2. Interdistrict Attendance [78030 - 78034] SECTION 78033. Source version: id_fe6cc8d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=2. Nothing in this act shall abrogate any contract existing between any school districts on the effective date of this chapter. Any contractual provision in any contract in effect on the effective date of this chapter shall prevail over any conflicting provision in this chapter until the termination date of the contract, or upon termination by mutual agreement of the parties, whichever occurs first. (Repealed and added by Stats. 1987, Ch. 1136, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 2. Interdistrict Attendance [78030 - 78034] SECTION 78034. Source version: id_fe6cc8d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=2. (a) In addition to classification as a resident pursuant to Section 68040, each community college student shall be classified as either a district resident or a nondistrict resident. (b) For purposes of classification as a district resident or nondistrict resident, the following definitions shall be applicable: (1) “District” means a community college district maintaining one or more community colleges. (2) “District resident” means a resident who has residence within a district in the state. (3) “Nondistrict resident” means a resident who does not have residence within a district in the state, or means a student who: (A) within a 39-month period immediately preceding the residence determination date, was graduated from a high school which is situated in territory not within a district, and (B) whose parent or parents reside in this territory. (Added by Stats. 1990, Ch. 1372, Sec. 456.2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] SECTION 78040. Source version: id_66b66dff-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=3. For purposes of this article, “district” means any community college district identified by the Chancellor of the California Community Colleges as participating in the statewide baccalaureate degree program. (Amended by Stats. 2021, Ch. 565, Sec. 2. (AB 927) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] SECTION 78041. Source version: id_6db61de1-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=3. Notwithstanding Section 66010.4, and commencing January 1, 2015, the Board of Governors of the California Community Colleges, in consultation with the California State University and the University of California, may authorize the establishment of district baccalaureate degree programs that meet all of the eligibility requirements set forth in Section 78042. (Amended by Stats. 2021, Ch. 565, Sec. 3. (AB 927) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] SECTION 78042. Source version: id_74accd13-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=3. (a) A district shall seek approval to offer baccalaureate degree programs through the appropriate accreditation body. (b) When seeking approval from the Board of Governors of the California Community Colleges, a district shall maintain the primary mission of the California Community Colleges specified in paragraph (3) of subdivision (a) of Section 66010.4. The district, as part of the baccalaureate degree program, shall have the additional mission to provide high-quality undergraduate education at an affordable price for students and the state. (c) As a condition of eligibility for consideration to participate in the statewide baccalaureate degree program, a district shall have a written policy that requires all potential students who wish to apply for a Board of Governors Fee Waiver pursuant to Section 76300 to complete and submit either a Free Application for Federal Student Aid or a California Dream Act application in lieu of completing the Board of Governors Fee Waiver application. (d) A district’s baccalaureate degree program shall be subject to the following limitations: (1) A district shall identify and document unmet workforce needs in the subject area of the baccalaureate degree to be offered and offer a baccalaureate degree at a campus in a subject area with unmet workforce needs in the local community or region of the district. (2) A baccalaureate degree program shall not offer a baccalaureate degree program or program curricula already offered by the California State University or the University of California. (3) A district shall have the expertise, resources, and student interest to offer a quality baccalaureate degree in the chosen field of study. (e) A district shall maintain separate records for students who are enrolled in courses classified in the upper division and lower division of a baccalaureate degree program. A student shall be reported as a community college student for enrollment in a lower division course and as a baccalaureate degree program student for enrollment in an upper division course. (f) A governing board of a district seeking authorization to offer a baccalaureate degree program shall submit all of the following for review by the Chancellor of the California Community Colleges and approval by the Board of Governors of the California Community Colleges: (1) Documentation of the district’s written policy required by subdivision (c). (2) The administrative plan for the baccalaureate degree program, including, but not limited to, the governing board of the district’s funding plan for its specific district. (3) A description of the baccalaureate degree program’s curriculum, faculty, and facilities. (4) The enrollment projections for the baccalaureate degree program. (5) Documentation regarding unmet workforce needs specifically related to the proposed baccalaureate degree program, and a written statement supporting the necessity of a four-year degree for that program. The documentation regarding unmet workforce needs shall include all of the following: (A) Evidence that the district consulted with regional employers and regional workforce development boards. (B) Statewide and regional workforce data relevant to the proposed baccalaureate degree program. (C) Evidence that the baccalaureate degree to be offered will help address unmet workforce needs. The evidence may include, but is not limited to, information showing the following: (i) Employers are having difficulty filling positions that require a baccalaureate degree. (ii) Employers are willing to pay baccalaureate degree holders more than those with a related associate degree or no postsecondary degree. (iii) Employers have a preference for candidates with the proposed baccalaureate degree. (6) Documentation of consultation with the California State University and the University of California regarding collaborative approaches to meeting regional workforce needs. (g) (1) The Board of Governors of the California Community Colleges shall develop, and adopt by regulation, a funding model for the support of the statewide baccalaureate degree program that is based on a calculation of the number of full-time equivalent students enrolled in all district baccalaureate degree programs. (2) Funding for each full-time equivalent student shall be at a marginal cost calculation, as determined by the Board of Governors of the California Community Colleges, that shall not exceed the community college credit instruction marginal cost calculation for a full-time equivalent student, as determined pursuant to paragraph (2) of subdivision (d) of Section 84750.5. (3) A student in a baccalaureate degree program authorized by this article shall not be charged fees higher than the mandatory systemwide fees charged for baccalaureate degree programs at the California State University. (4) Fees for coursework in a baccalaureate degree program shall be consistent with Article 1 (commencing with Section 76300) of Chapter 2 of Part 47. (5) A district shall, in addition to the fees charged pursuant to paragraph (4), charge a fee for upper division coursework in a baccalaureate degree program of eighty-four dollars ($84) per unit. (h) The Chancellor of the California Community Colleges shall ensure all of the following for the application and review process for community college districts to participate in the baccalaureate degree program: (1) A community college district is provided with two timelines in which to apply for a baccalaureate degree program per year. A community college district may submit an application to the Chancellor of the California Community Colleges by no later than January 15 and shall receive notice of approval or rejection on or before May 31. A community college district may submit an application to the Chancellor of the California Community Colleges by no later than August 15 and shall receive notice of approval or rejection on or before December 31. (2) Only 15 baccalaureate degree programs are approved during each application period, allowing for a total of 30 approved baccalaureate degree programs per academic year. (3) The total number of baccalaureate degree programs offered by a community college district, at any time, does not exceed 25 percent of the total number of associate degree programs offered by the community college district, including associate degrees for transfer. (4) The review process takes no less than 30 days from the receipt of a completed application to validate the information submitted and assess the workforce value of the proposed program by the Chancellor of the California Community Colleges. (i) (1) The Chancellor of the California Community Colleges shall consult with and seek feedback from the Chancellor of the California State University, the President of the University of California, and the President of the Association of Independent California Colleges and Universities about proposed baccalaureate degree programs. (2) The Chancellor of the California Community Colleges shall notify and send relevant materials to the California State University, the University of California, and the President of the Association of Independent California Colleges and Universities who may notify institutions with physical campuses in the service area of the community college district seeking the proposed baccalaureate degree program. (3) The California State University and the University of California may assess whether proposed baccalaureate degree programs are duplicative of existing baccalaureate programs offered by state universities, and may submit written comments to the Chancellor of the California Community Colleges regarding proposed baccalaureate degree programs. If the California State University or the University of California believes there is program duplication, written objections with supporting evidence shall be submitted to the Chancellor of the California Community Colleges within 30 working days of receipt of the proposal. Upon receipt of written objections, the Chancellor of the California Community Colleges shall have 30 working days to convene with the applicant and the segment or segments that raised an objection to collaborate and establish a written agreement before the program is approved. (4) A formal objection filed by either the California State University or the University of California pursuant to paragraph (3) shall address, at a minimum, each of the following issues in order to facilitate the consultation process: (A) The name and description of the baccalaureate degree program currently offered by the objecting segment that may be duplicated by the proposed baccalaureate degree program, including the campuses that offer the program. (B) The specific components of the proposed baccalaureate degree program deemed as duplicative. (5) The written agreement established between the objecting segment and the Chancellor of the California Community Colleges shall address, at a minimum, whether each of the elements of the original objection addressed in paragraph (4) have been resolved. (j) (1) A community college district shall continue to offer an associate degree program in the same academic subject for which a baccalaureate degree program has been approved, unless that community college district has received approval from the Chancellor of the California Community Colleges to eliminate the associate degree program. (2) When conducting a review to approve the elimination of an associate degree program, the Chancellor of the California Community Colleges shall evaluate both of the following: (A) Changes to the labor market viability of the associate degree. (B) Changes to the minimum education required to maintain program accreditation. (Amended by Stats. 2021, Ch. 565, Sec. 4. (AB 927) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 3. Baccalaureate Degree Program [78040 - 78043] SECTION 78043. Source version: id_c92695ed-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=3. Baccalaureate degree programs approved by the Board of Governors of the California Community Colleges pursuant to this article before January 1, 2022, may continue to operate. (Repealed and added by Stats. 2021, Ch. 565, Sec. 6. (AB 927) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] SECTION 78050. Source version: id_0d145294-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=4. This act shall be known, and may be cited, as the Zero-Textbook-Cost Degree Grant Program. (Added by Stats. 2016, Ch. 24, Sec. 16. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] SECTION 78051. Source version: id_0d145296-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=4. The Zero-Textbook-Cost Degree Grant Program is hereby established to reduce the overall cost of education for students and decrease the time it takes students to complete degree programs offered by community colleges. (Added by Stats. 2016, Ch. 24, Sec. 16. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 4. Zero-Textbook-Cost Degree Grant Program [78050 - 78052] SECTION 78052. Source version: id_029b9582-a94a-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=4. (a) It is the intent of the Legislature that community college districts develop and implement zero-textbook-cost degrees and develop open educational resources for courses to reduce the overall cost of education for students and decrease the time it takes students to complete degree programs. (b) For purposes of this section, the following definitions apply: (1) “Chancellor” means the Chancellor of the California Community Colleges. (2) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (3) “Degree” means a zero-textbook-cost degree. (4) “Open educational resources” means high-quality teaching, learning, and research resources that reside in the public domain or have been released pursuant to an intellectual property license that permits their free use and repurposing by others, and may include other resources that are legally available and free of cost to students. Open educational resources include, but are not limited to, full courses, course materials, modules, textbooks, faculty-created content, streaming videos, tests, software, and any other tools, materials, or techniques used to support access to knowledge. (5) “Zero-textbook-cost degrees” means community college associate degrees or career technical education certificates earned entirely by completing courses that eliminate conventional textbook costs by using alternative instructional materials and methodologies, including open educational resources. For purposes of this paragraph, “zero-textbook-cost degrees” may include a low-cost degree option if a no-cost equivalent option is not available or cannot be developed. Discretionary student printing of instructional materials shall not be considered a cost as part of this program. (c) Of the funding appropriated in the annual Budget Act to develop and implement degrees, the chancellor shall distribute grants of up to two hundred thousand dollars ($200,000) to a community college district for each degree developed and implemented within the district that contributes to the overall elimination, or significant lowering, of textbook costs for students and aligns with the conditions for receipt of funds specified in subdivision (d). The chancellor’s office shall ensure that a grant does not result in the development or implementation of duplicate degrees for a subject matter to avoid duplication of effort and ensure the development and implementation of the greatest number of degrees for the benefit of the greatest number of students. The chancellor’s office may distribute the grants in phases, including a planning phase and an implementation phase. (d) As a condition of receiving funding appropriated in the annual Budget Act to develop and implement degrees, a community college district shall comply with all of the following: (1) Develop and implement one or more of the following program pathways: (A) An existing associate degree or career technical education certificate program, prioritizing existing associate degrees for transfer. (B) A new associate degree or career technical education certificate program that meets one of the following conditions: (i) Has a high value in the regional market. (ii) Meets an emerging regional business industry need. (iii) Has high textbook costs. (2) In complying with paragraph (1), prioritize the development and implementation of a degree from an existing associate degree for transfer and, to the extent possible, prioritize the adaptation of existing open educational resources through existing open educational resources initiatives, or elsewhere, before creating new content. (3) Develop degrees with consideration for sustainability after grant funding is exhausted, including how content is updated and presented. (4) Ensure compliance with the federal Americans with Disabilities Act (Public Law 104-197) and the federal Copyright Act of 1976 (Public Law 94-553). (5) Develop and implement a minimum of one degree for each grant received. (6) Develop and implement a degree that other community college districts can use or adapt, and post each degree, and the contents of the degree, on the online clearinghouse of information established pursuant to Item 6870-101-0001 of the Budget Act of 2016, or a successor internet website. All open educational resources used as learning materials for a degree developed pursuant to this section shall be added to the California Digital Open Source Library established in Section 66408. Testing and assessment materials posted online pursuant to this paragraph shall be safeguarded to maintain the integrity of those materials. This paragraph shall not be construed to prohibit faculty from providing sample test and assessment materials to students. (7) Ensure faculty shall have flexibility to update and customize degree content as necessary within the parameters of this program. (8) Ensure that the degree developed and implemented is clearly identified in college catalogs and in class schedules. (9) Provide the chancellor with all legislatively required report data, any planning, progress, and outcome information associated with the grant, and any additional information that the chancellor determines necessary. (10) Consult with the local academic senate of a college that would implement a degree. (11) (A) Use a multimember team approach, to develop and implement a degree pursuant to this section, that includes faculty, college administrators, and other content-focused staff, including, but not limited to, librarians, instructional designers, and technology experts, from the campus that would implement the degree, other colleges of the community college system, and interested campuses of the California State University and the University of California. (B) Grant recipients may use funds to obtain professional development and technical assistance to assist in the development of degrees and open educational resource materials. (12) Strive to implement degrees within three academic years of receiving funding, or sooner, as determined by the chancellor’s office. (e) Of the funding appropriated in the annual Budget Act, the chancellor may also distribute grants to a community college district for the development and curation of open educational resources for coursework. The chancellor’s office shall determine the amount of a grant for this purpose, but the grant amount shall not exceed twenty thousand dollars ($20,000). (f) As a condition of receiving funding appropriated in the annual Budget Act for the development and curation of open educational resources for coursework, a community college district shall comply with all of the following: (1) Coordinate the development and curation of open educational resources with efforts to develop and implement degrees pursuant to subdivisions (c) and (d). (2) In instances where the community college district does not receive a grant pursuant to subdivision (c), the community college district shall coordinate the development and curation of open educational resources with existing open educational resources initiatives and degree efforts. In addition, the community college district shall develop and curate open educational resources for coursework to be used for one or more of the following program pathways: (A) An existing associate degree or career technical education certificate program, prioritizing existing associate degrees for transfer. (B) A new associate degree or career technical education certificate program that meets one of the following conditions: (i) Has high value in the regional market. (ii) Meets an emerging regional business industry need. (iii) Has high textbook costs. (3) In complying with paragraph (2), to the extent possible, prioritize the adaptation of existing open educational resources for coursework through existing open educational resources initiatives, or elsewhere, before creating new content. (4) Ensure compliance with the federal Americans with Disabilities Act (Public Law 104-197) and the federal Copyright Act of 1976 (Public Law 94-553). (5) Ensure all open educational resources developed pursuant to this subdivision is added to the California Digital Open Source Library established in Section 66408. (6) Provide the chancellor with all required report data and any planning, progress, and outcome information associated with the grant. (7) (A) Consult with the local academic senate of a community college that would use open educational resources. (B) Grant recipients may use funds to obtain professional development and technical assistance to assist in the development and curation of open educational resources for coursework. (8) Strive to complete development and curation of open educational resources for coursework within two academic years of receiving funding, or sooner, as determined by the chancellor’s office. (g) (1) The chancellor shall, by June 30, 2027, report to the Legislature, the Legislative Analyst’s Office, and the Department of Finance on the development and implementation of degrees pursuant to subdivisions (c) and (d), and the development and curation of open educational resources pursuant to subdivisions (e) and (f), including, but not limited to: (A) The number of degrees developed and implemented and open educational resources developed and curated within each district, disaggregated by college. Degrees shall also be disaggregated by the number of degrees that eliminated textbook costs and the number of degrees that significantly lowered textbook costs. (B) The estimated annual savings to students. (C) The number of students who completed a zero-textbook-cost degree program and accessed open educational resources. (D) Recommendations to increase, expand, or improve the offering of degrees and the use of open educational resources. (2) A report pursuant to paragraph (1) shall be submitted to the Legislature in compliance with Section 9795 of the Government Code. (h) (1) Of the funds appropriated in the annual Budget Act for this program, up to 3 percent of the appropriation may be allocated by the chancellor’s office to contract with a community college district to administer this program. (2) The contract between the chancellor’s office and the community college district shall reflect all of the following: (A) The programmatic and administrative responsibilities that will be delegated to the district, including the programmatic requirements identified in subdivisions (c) to (g), inclusive. (B) A requirement that the contracting district provide prebid conferences, either in person or via webinar, for interested grant applicants. (C) Technical assistance to grant applicants and grantees. (3) The contracting community college district may apply for, and receive, a grant to develop and implement a degree and have employees and administrators of the district participate as part of a multimember team approach pursuant to paragraph (11) of subdivision (d). To be eligible to receive a grant, the district shall maintain appropriate and transparent internal controls and processes to ensure that the district’s contracted duties and responsibilities are clearly delineated, identified, and distinguished from the duties and responsibilities conferred upon the district as a grant applicant and recipient. (4) Upon request of the chancellor’s office, the contracted community college district shall provide the chancellor’s office with an update on the status of the development and implementation of each degree within the district and the development and curation of open educational resources within the district. (5) Notwithstanding any other law, a contract between the chancellor’s office and a community college district for purposes of this subdivision is not subject to any competitive bidding requirements of Section 10340 of the Public Contract Code for the limited purpose of administering the program pursuant to this subdivision. (i) Of the funds appropriated in the annual Budget Act for this program, funds not awarded in a fiscal year for which funds are appropriated may be awarded in the following fiscal year. (j) The chancellor’s office shall award an initial round of grants no later than January 1 of a fiscal year for which the funds are appropriated. (k) The chancellor’s office may allocate any unallocated resources appropriated for purposes of this program, on or after June 30, 2025, to a community college district to contract for the establishment of statewide open educational resources infrastructure, including the curation, storage, and maintenance of open educational resources infrastructure materials. (Amended by Stats. 2025, Ch. 745, Sec. 5. (SB 148) Effective October 13, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 5. California Community College Teacher Credentialing Partnership Pilot Act [78060 - 78061] SECTION 78060. Source version: id_a7df9a6f-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=5. This section shall be known, and may be cited, as the California Community College Teacher Credentialing Partnership Pilot Act. (Added by Stats. 2018, Ch. 603, Sec. 3. (SB 577) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 5. California Community College Teacher Credentialing Partnership Pilot Act [78060 - 78061] SECTION 78061. Source version: id_a7dfc181-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=5. (a) The California Community College Teacher Credentialing Partnership Pilot Program is hereby established for both of the following purposes: (1) To encourage accredited degree-granting institutions of higher education with a physical presence in this state to collaborate with one or more community colleges to offer teacher credentialing coursework remotely at the participating community college or colleges. (2) To bring opportunities to earn teacher credentialing degrees to areas with low college-going rates or limited access to teacher-credentialing, degree-granting higher education institutions. (b) (1) The Commission on Teacher Credentialing, in coordination with the Chancellor of the California Community Colleges, may award up to three grants, not to exceed five hundred thousand dollars ($500,000) each, to collaboratives formed for the purpose of offering teacher credential coursework remotely at a participating community college or colleges. For the purposes of this section, a collaborative shall be comprised of at least one community college and at least one accredited degree-granting institution of higher education. (2) (A) Priority for the receipt of grant funds may be given to a collaborative that meets all of the following: (i) Is located in areas of the state with low rates of K–12 credentialed public school teachers. (ii) Demonstrates that its teacher credentialing degree program or programs meet a documented labor market demand of the collaborative’s target region. (iii) Identifies the resources necessary to offer a teacher credentialing degree program or programs. (B) The funds granted under this subdivision shall be for one-time startup costs of the collaborative for the purposes of developing and implementing its pilot program. These costs may include any, or any combination, including all, of the following: (i) Professional development for effective distance learning. (ii) Deploying a teaching assistant for the community college classroom or classrooms where courses are offered via distance learning. (iii) Technology upgrades for the community college classroom or classrooms where the distance learning courses are offered. (iv) Student retention, outreach, or engagement. (v) Data monitoring and systems infrastructure. (vi) Cross system alignment. (vii) Other startup costs that are necessary for developing and implementing its pilot program. (C) Each pilot program implemented under this section shall do all of the following: (i) Utilize courses currently offered by the collaborating accredited degree-granting institution or institutions of higher education, which may be one or more California State University or University of California campuses, or one or more independent institutions of higher education, as defined in Section 66010, with a physical presence in this state. (ii) Include, as a primary target population to take courses under the pilot program, teachers who hold a baccalaureate degree and are currently teaching on a short-term staff permit or a provisional internship permit. (iii) Charge no more than the standard tuition and fees of the collaborating accredited teacher-credentialing, degree-granting institution or institutions of higher education. (iv) Involve current faculty from the collaborating accredited degree-granting institution or institutions of higher education as faculty for courses offered under the pilot program, which shall be current courses of that institution or institutions. (c) (1) It is the intent of the Legislature that no collaborative funded under this section may be terminated abruptly, thus leaving its enrolled students without a way to earn a teaching credential under this section. (2) As a condition of an agreement for the receipt of a grant under this section, each collaborative shall ensure that every student who enrolls in its pilot program before an announcement of the termination of the collaborative has an opportunity to complete the coursework necessary to obtain a teaching credential under this section. (d) A collaborative shall not offer a teacher credentialing degree program under this section unless that program has been accredited by the Commission on Teacher Credentialing’s Committee on Accreditation on the basis of standards of program quality and effectiveness. (e) Grants awarded under this section shall be awarded only to the extent that funding for this section is provided in the annual Budget Act. (f) (1) On or before April 1, 2023, the Legislative Analyst’s Office shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, and to the Department of Finance on the implementation of the program established pursuant to this section. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on April 1, 2027, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2018, Ch. 603, Sec. 3. (SB 577) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] SECTION 78070. Source version: id_acb51747-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=6. For purposes of this article, the following definitions apply: (a) “Justice-involved” means a person who is currently or formerly incarcerated in a California correctional facility, or currently or formerly detained in a juvenile facility. (b) “Rising Scholars Network” means the program established pursuant to subdivision (a) of Section 78071. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] SECTION 78071. Source version: id_41f7be2e-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=6. (a) The office of the Chancellor of the California Community Colleges may establish a program to enter into agreements with community colleges to provide additional funds for services in support of postsecondary education for justice-involved students. This program shall be known as the Rising Scholars Network, and shall expand the number of justice-involved students participating and succeeding in the community colleges and shall not displace other students. (b) A community college district that wishes to participate in the Rising Scholars Network shall apply to the board of governors for funding pursuant to this article. The application of each participating community college district shall identify the Rising Scholars college or colleges in the district, and shall include, but not be limited to, the number of justice-involved students who will be served. The application shall also describe the extent of cooperation between the college and local criminal justice stakeholders, including, as applicable, wardens, county sheriffs, juvenile facilities, and probation departments. Beginning in the 2025–26 fiscal year, the board of governors may prioritize funding provided in the annual Budget Act for applications submitted pursuant to this article that demonstrate positive student outcomes consistent with the goals and guidance described in Section 78072. (c) To the maximum extent feasible, funds received by a community college under this article shall be used for, but not be limited to, any of the following supports and services: (1) Providing any of the following for programs serving all justice-involved students, whether on campus or in custody: (A) Academic counseling or advising that provides clear pathways. (B) Academic tutoring. (C) Financial aid information and application assistance. (D) Frequent in-person contact. (E) Professional development for faculty and staff. (2) Providing any of the following for programs serving formerly incarcerated students on campus: (A) Peer-to-peer support or mentoring. (B) Assistance with accessing campus resources, including admissions, financial aid, and student services. (C) Career counseling and, as feasible, placement services. (D) Assistance with accessing community resources, including record clearance, housing assistance, mental health support, and social services. (3) Providing either of the following for programs serving currently incarcerated or detained students: (A) Transitional materials and services to support students in enrollment and persistence in higher education upon release. (B) Parity of academic supports and services as provided on campus. (Amended by Stats. 2025, Ch. 9, Sec. 8. (AB 123) Effective June 27, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] SECTION 78072. Source version: id_acb5174b-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=6. The board of governors shall adopt regulations for the Rising Scholars Network that fulfill the following goals and guidance: (a) Participating colleges designate a staff program director, coordinator, or liaison who has experience working with currently or formerly incarcerated students. (b) Funded programs are supported with a dedicated campus meeting space. (c) Funded programs build support and competency from a broad range of college stakeholders. (d) Participating colleges offer and make accessible a range of student supports to address academic and nonacademic needs. (e) Funded programs foster peer mentors, as applicable. (f) Funded programs develop and maintain strong relationships with external partners, including community-based programs, probation, parole, and county jails. (g) Participating colleges provide or connect justice-involved students with direct student financial support for critical needs. (h) Funded programs outreach and respond to prospective justice-involved students, particularly those in jail or prison. (i) Funded programs help justice-involved students apply, matriculate, and persist to graduation. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] SECTION 78073. Source version: id_acb5174d-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=6. The board of governors shall be responsible for the administration of funds for the Rising Scholars Network. To the extent possible, services provided under this article to justice-involved students shall be coordinated with, and shall not supplant, other services provided by the county and state. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] SECTION 78074. Source version: id_acb53e5f-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=6. The board of governors may authorize the chancellor, consistent with the requirements the board may impose, to designate up to 5 percent of the funds allocated pursuant to this article for program administration, program development, and program accountability. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] SECTION 78075. Source version: id_acb53e61-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=6. Notwithstanding Section 10231.5 of the Government Code, on or before December 31, 2023, and every two years thereafter, the board of governors shall submit a report to the Department of Finance and all relevant legislative policy and budget subcommittees describing its efforts to serve justice-involved students. The reports shall include recommendations on whether and how the Rising Scholars Network under this article can be expanded to all community college districts and campuses. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 6. Support Services for Justice-Involved Students [78070 - 78076] SECTION 78076. Source version: id_acb53e63-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=6. This article shall be operative in a fiscal year only if funds have been appropriated for purposes of this article for that fiscal year by the Legislature in the annual Budget Act or another statute. (Added by Stats. 2021, Ch. 558, Sec. 2. (AB 417) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 7. Hire UP Program [78080 - 78084] SECTION 78080. Source version: id_f2bdc11d-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=7. This article shall be known, and may be cited, as the Hire UP Pilot Program. (Added by Stats. 2022, Ch. 54, Sec. 27. (AB 183) Effective June 30, 2022. Inoperative March 15, 2029, pursuant to Section 78084. Repealed January 1, 2030, pursuant to Section 78084.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 7. Hire UP Program [78080 - 78084] SECTION 78081. Source version: id_f2bdc11f-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=7. (a) The Hire UP Pilot Program is hereby established, to be administered by the office of the Chancellor of the California Community Colleges, for purposes of providing justice-involved individuals access to the credential programs and workforce support needed to enter, participate, and compete in California’s economy. (b) (1) The office of the Chancellor of the California Community Colleges may enter into agreements with up to 10 community college districts for a five-year pilot program to provide funding for stipends to formerly incarcerated individuals, CalWORKs recipients, and former foster youth. (2) Stipends provided under this article shall be equal to the state minimum wage for the duration of the academic program in which the student is enrolled. (3) The stipend amount shall be determined based on the number of hours in the academic program, up to 40 hours per week for a full-time program. (4) Students receiving stipends pursuant to this article shall have access to all supportive, academic, and professional services available through the Rising Scholars Network and their partners, or any services and programs offered by the participating community college district that are designed to benefit justice-involved students. (5) Stipends provided pursuant to this article to students shall be distributed by their community college financial aid office. (c) (1) The chancellor’s office shall develop an application for community college districts wishing to participate to apply for funding pursuant to this article by November 1, 2022, with funding distributed by May 1, 2023. The application shall include, but not be limited to, all of the following information: (A) Current participation in the Rising Scholars Network or in another dedicated reentry program. (B) A description of the mechanism the community college district will use to measure program and student success. (C) A demonstration that the community college district has sufficient staff and resources to serve students in the program, including one dedicated student outreach and recruitment staff position and one dedicated workforce and industry development staff position. (D) A commitment to serve a specified number of students, as established by the chancellor’s office. (E) A description of the partners and services available to students participating in the program. (F) A description of the local employers, industry recruiters, trade groups, career centers, and other workforce placement entities that the community college district will engage for the purpose of establishing a career pathway for students receiving a stipend pursuant to this article. (2) The chancellor’s office shall establish requirements for community college districts related to program data collection and the number of stipend recipients per district. (d) A community college student enrolled in a certificate or degree program at a California community college is eligible for a stipend if either of the following apply: (1) The student has been released from incarceration within the last three years and is a current participant in the Rising Scholars Network or in another dedicated reentry program. (2) The student is a CalWORKs recipient or former foster youth. (Added by Stats. 2022, Ch. 54, Sec. 27. (AB 183) Effective June 30, 2022. Inoperative March 15, 2029, pursuant to Section 78084. Repealed January 1, 2030, pursuant to Section 78084.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 7. Hire UP Program [78080 - 78084] SECTION 78082. Source version: id_46aba950-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=7. (a) (1) The Chancellor of the California Community Colleges shall submit a report to the Legislature on or before March 1, 2025, and annually thereafter until a final report is submitted on March 1, 2029, on the implementation of the pilot program, including, but not limited to, all of the following information: (A) The number of students receiving a stipend pursuant to this article. (B) The degree or training program the student has completed or is participating in. (C) The name of each community college district participating pursuant to this article. (D) The outcomes for all participants, including employment, additional education, or business startups. (E) The percentage of students employed in the field in which they received a degree or completed training. (F) The degree to which Hire UP supportive services acknowledge and address historic racial inequity and socioeconomic barriers to workforce participation for the target population groups. (G) The impact of the pilot program on the target population groups, including key conclusions and policy recommendations to provide guidance to the Legislature and the Governor. (2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (b) Participating community college districts shall provide all of the information in subdivision (a) to the chancellor’s office to facilitate pilot program evaluation. (c) Participating community college districts and community partners may be required to participate in technical assistance activities, including, but not limited to, convening practice communities to identify and help replicate evidence-based practices and facilitate an assessment and evaluation of the performance and success of the pilot program. (Amended by Stats. 2025, Ch. 9, Sec. 9. (AB 123) Effective June 27, 2025. Inoperative March 15, 2029, pursuant to Section 78084. Repealed January 1, 2030, pursuant to Section 78084.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 7. Hire UP Program [78080 - 78084] SECTION 78083. Source version: id_f2bdc123-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=7. Funding for the Hire UP pilot program shall be subject to appropriation by the Legislature for purposes of this article, up to a total of thirty million dollars ($30,000,000). Funding for the Hire UP pilot program shall not draw from, supplant, or redirect existing state or federally funded education, workforce development, or employment services programs, except that those funds may, but shall not be required to, be used as leverage with Hire UP funding. (Added by Stats. 2022, Ch. 54, Sec. 27. (AB 183) Effective June 30, 2022. Inoperative March 15, 2029, pursuant to Section 78084. Repealed January 1, 2030, pursuant to Section 78084.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 7. Hire UP Program [78080 - 78084] SECTION 78084. Source version: id_4b2e2432-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=7. This article shall become inoperative on March 15, 2029, and as of January 1, 2030, is repealed. (Amended by Stats. 2025, Ch. 9, Sec. 10. (AB 123) Effective June 27, 2025. Repealed January 1, 2030, by its own provisions. Note: Repeal affects Article 7 commencing with Section 78080.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 8. The Community College Student Access, Retention, and Debt Cancellation Program [78090- 78090.] SECTION 78090. Source version: id_4d8e105e-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=8. (a) The Community College Student Access, Retention, and Debt Cancellation Program is hereby established. (b) The Chancellor of the California Community Colleges shall allocate funds on a one-time basis to community college districts to support efforts to increase student retention rates and enrollment by engaging former community college students who may have withdrawn from a community college district due to the impacts of the COVID-19 pandemic, current community college students who may be hesitant to remain enrolled at a community college district due to the impacts of the COVID-19 pandemic, and prospective students who may be hesitant to enroll at a community college district due to the impacts of the COVID-19 pandemic. (c) (1) The governing board of a community college district shall prioritize the use of allocated funds received pursuant to subdivision (b) for community colleges in the district with the largest declines in enrollment due to the impacts of the COVID-19 pandemic. (2) A community college district may use funds allocated pursuant to subdivision (b) to provide a fiscal incentive for students to reenroll, or for prospective students to enroll, at the community college. (3) A community college district may use funds allocated pursuant to subdivision (b) to discharge unpaid fees due or owed by a student to a community college in the district. (d) In considering the allocation methodology to community college districts, the chancellor shall allocate additional funds to community college districts that have the most significant declines in unduplicated student headcount since Fall 2019. (e) The chancellor may allocate up to 10 percent of the funds appropriated for purposes of the program to support statewide recruitment and retention efforts. (f) Implementation of the program established pursuant to this section is contingent upon an appropriation in the annual Budget Act or another statute for its purposes. (Added by Stats. 2022, Ch. 929, Sec. 1. (AB 1958) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 9. Credit for Prior Learning Initiative [78093 - 78093.2] SECTION 78093. Source version: id_b35f0e36-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=9. This article shall be known, and may be cited, as the Credit for Prior Learning Initiative. (Added by Stats. 2026, Ch. 79, Sec. 16. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 9. Credit for Prior Learning Initiative [78093 - 78093.2] SECTION 78093.1. Source version: id_b35f0e38-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=9. For purposes of this article, the following definitions apply: (a) “Campus” means a campus of the California Community Colleges. (b) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (c) “Credit for prior learning” means college credit awarded for validated skills and competencies gained through experiences inside or outside of traditional academic settings, including, but not limited to, any of the following: (1) Military training and service. (2) Industry-recognized credentials, certifications, and licenses. (3) Registered and nontraditional apprenticeships. (4) Workplace learning, internships, and employment experience. (d) “Credit recommendation” means a formal assessment of prior learning that recommends specific college-level course credits, general education area credits, or elective credits developed through evaluation by recognized entities, including the American Council on Education, California Community Colleges faculty discipline review groups, or local discipline faculty experts, and documented in detailed exhibits for faculty credit evaluation. (e) “Independent institution of higher education” has the same meaning as defined in Section 66010. (f) “Validated” means a formal determination by California Community Colleges faculty discipline review groups of all of the following: (1) The skills and competencies gained through prior learning experiences are equivalent to California Community Colleges student learning outcomes or objectives gained through one or more college courses. (2) The prior learning has been assessed using faculty discipline-approved methods and approved through established curricular processes and procedures. (Added by Stats. 2026, Ch. 79, Sec. 16. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1. Education Programs [78015 - 78093.2] ARTICLE 9. Credit for Prior Learning Initiative [78093 - 78093.2] SECTION 78093.2. Source version: id_b35f354a-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.&article=9. (a) Building upon the California Mapping Articulated Pathways Initiative, the chancellor’s office shall support the Credit for Prior Learning Initiative as a systemwide initiative to award credit for prior learning opportunities at each campus. The Credit for Prior Learning Initiative shall include, but not be limited to, all of the following: (1) Implementation and maintenance of a systemwide process to identify students who may qualify for credit for prior learning. This process shall include all of the following: (A) (i) The collection and analysis of documents and information during the college exploration and admissions process about relevant prior learning experiences to inform potential students of program, college, and career opportunities and the potential to receive credit for prior learning. (ii) The documents and information referenced in clause (i) may include industry certifications, military service, workplace training, and other sources of prior learning, including, but not limited to, Joint Services Transcripts for military learners, industry certifications and licenses for working learners and apprentices, standardized examination scores, high school articulated coursework, and portfolios. (B) Early notification to students about credit for prior learning opportunities that is consistent with their educational goals. (C) A system to refer students identified pursuant to this paragraph to appropriate college personnel for a credit for prior learning assessment. (2) A statewide technology infrastructure developed and maintained to make credit for prior learning opportunities visible and accessible to the public. (3) Support for California Community Colleges faculty discipline review groups to develop credit recommendations for awarding credit for prior learning that campuses may adopt systemwide. (4) Support for partnerships with workforce agencies, industry organizations, and educational institutions to expand credit for prior learning opportunities consistent with this article. (5) Enable, document, and validate skills and competencies earned through educational, workplace, military, and other experiences of prior learning. (b) Each campus shall comply with both of the following: (1) Before or upon completion of the education plans pursuant to Section 78212, evaluate prior learning documents and credentials of all incoming students for the assessment and award of credit for prior learning. Prior learning documents and credentials include, but are not limited to, Joint Services Transcripts for veterans, reservists, and active duty members of the Armed Forces of the United States, industry-recognized credentials of working learners and apprentices, portfolios for self-directed and experiential learners, and standardized assessments, including, but not limited to, advanced placement, international baccalaureate, and College-Level Examination Program assessments. (2) Accept transcribed credit for prior learning from other campuses as credit, including for general education, transfer, and major preparation. (c) (1) The California Community Colleges system, in partnership with the Academic Senate for California Community Colleges, shall collaborate with the Academic Senate of the California State University and other systemwide leadership of the California State University, and is encouraged to collaborate with the Academic Senate of the University of California and other systemwide leadership of the University of California to accomplish all of the following: (A) Ensure that all campus-transcribed credit for prior learning is accepted as transfer credit, including for general education and major preparation. (B) Participate in intersegmental alignment of credit for prior learning policies. (C) Include credit for prior learning opportunities in published transfer pathways and, to the extent feasible, associate degree for transfer programs. (2) To the extent that resources are available, the California Community Colleges system may collaborate with available and interested independent institutions of higher education. (d) (1) Upon appropriation by the Legislature for purposes of this article, the chancellor’s office shall allocate designated funds to support implementation of this article at each campus using all of the following goals: (A) Increasing access to credit for prior learning opportunities equitably for all eligible students. (B) Increasing completion through credit for prior learning awards. (C) Advancing career attainment through credit for prior learning. (D) Supporting credit for prior learning opportunities through the chancellor’s office’s pilot projects, such as the California Mapping Articulated Pathways Initiative. (2) Each campus shall demonstrate that it has implemented the credit for prior learning initiative established pursuant to this article through the metrics described in paragraph (1) before receiving an allocation of funding for purposes of implementing this article. (Added by Stats. 2026, Ch. 79, Sec. 16. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1.5. Library Services [78100 - 78103] SECTION 78100. Source version: id_fe6cc8da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.5.&article= The governing board of each community college district shall provide library services for the students and faculty of the district by establishing and maintaining community college libraries or by contractual arrangements with another public agency. (Amended by Stats. 1991, Ch. 1038, Sec. 5.5. Effective October 14, 1991.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1.5. Library Services [78100 - 78103] SECTION 78101. Source version: id_fe6e4f7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.5.&article= The board of governors shall adopt standards, rules, and regulations for community college library services. (Added by Stats. 1990, Ch. 1372, Sec. 459.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 1.5. Library Services [78100 - 78103] SECTION 78103. Source version: id_f9cb16aa-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=1.5.&article= The libraries shall be open for the use of the faculty and the students of the community college district during the day. In addition, the libraries may be open at other hours, including evenings and Saturdays, as the governing board may determine. Libraries open to serve students during evening and Saturday hours shall be under the supervision of academic personnel. (Amended by Stats. 2005, Ch. 654, Sec. 19. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78210. Source version: id_f7884ef6-47ee-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. This article shall be known and may be cited as the Seymour-Campbell Student Success Act of 2012. (Amended by Stats. 2012, Ch. 624, Sec. 3. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78211. Source version: id_02ee3f28-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. It is the intent of the Legislature to do all of the following: (a) Ensure equal education opportunity for all Californians. (b) Provide students with the resources and support to establish informed educational choices aligned with their academic and career goals. (c) Ensure that students receive the educational services necessary to optimize their opportunities for success in completing their educational goals and courses of study. (d) Recognize that student success is the responsibility of the institution and student, supported by well-coordinated and evidence-based student and instructional services to foster academic success. (e) Target state resources on the provision of critical student services, such as counseling and student advising, and identify a broad array of service delivery mechanisms that can effectively reach a greater number of students. (f) Recognize the importance for community college districts of establishing local and regional partnerships with school districts, workforce agencies, and other system partners to leverage resources to assist students in exploring career options, preparing for college, and developing and achieving educational goals and plans. (Amended by Stats. 2012, Ch. 624, Sec. 4. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78211.5. Source version: id_0dbcd15a-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) The purpose of the Seymour-Campbell Student Success Act of 2012 is to increase California community college student access and success by providing effective core matriculation services, including orientation, assessment and placement, counseling, and other education planning services, and academic interventions. The focus of the Seymour-Campbell Student Success Act of 2012 is on the entering students’ transition into college in order to provide a foundation for student achievement and successful completion of students’ educational goals, with a priority toward serving students who enroll to earn degrees, career technical certificates, transfer preparation, or career advancement. The Seymour-Campbell Student Success Act of 2012 targets state resources on core matriculation services that research has shown to be critical in increasing the ability of students to reach their academic and career goals. By focusing funding in these core areas and leveraging the use of technology to more efficiently and effectively serve a greater number of students, the goal of the Seymour-Campbell Student Success Act of 2012 is to provide students with a solid foundation and opportunity for success in the California Community Colleges. (b) Any college or district receiving funding under this article shall agree to carry out its provisions as specified, but shall be bound to that agreement only for the period during which funding is received pursuant to this article. The obligations of the college or district under the agreement shall include, but not be limited to, the expenditure of funds received pursuant to this article for only those services approved by the board of governors and the contribution toward the purposes of this article of matching funds as the board of governors may require pursuant to Section 78216. (Amended by Stats. 2012, Ch. 624, Sec. 5. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78212. Source version: id_189379dc-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) (1) For purposes of this article, “matriculation” means a process that brings a college and a student into an agreement for the purpose of achieving the student’s educational goals and completing the student’s course of study. The agreement involves the responsibilities of both parties to attain those objectives through the college’s established programs, policies, and requirements including those established by the board of governors pursuant to Section 78215. (2) The institution’s responsibility under the agreement includes the provision of student services to provide a strong foundation and support for their academic success and ability to achieve their educational goals. The program of services funded through the Seymour-Campbell Student Success Act of 2012, which shall be known and may be cited as the Student Success and Support Program, shall include, but are not necessarily limited to, all of the following: (A) Orientation services designed to provide to students, on a timely basis, information concerning campus procedures, academic expectations, financial assistance, and any other matters the college or district finds appropriate. (B) Assessment before course registration, as defined in Section 78213. (C) Counseling and other education planning services, which shall include, but not necessarily be limited to, all of the following: (i) Counseling and advising. (ii) Assistance to students in the exploration of educational and career interests and aptitudes and identification of educational objectives, including, but not limited to, preparation for transfer, associate degrees, and career technical education certificates and licenses. (iii) The provision of information, guided by sound counseling principles and practices, using a broad array of delivery mechanisms, including technology-based strategies to serve a continuum of student needs and abilities, that will enable students to make informed choices. (iv) Development of an education plan leading to a course of study and guidance on course selection that is informed by, and related to, a student’s academic and career goals. (D) Referral to specialized support services as needed and available, including, but not necessarily limited to, federal, state, and local financial assistance; health services; career services; veteran support services; foster youth services; extended opportunity programs and services provided pursuant to Article 8 (commencing with Section 69640) of Chapter 2 of Part 42 of Division 5; campus child care services provided pursuant to Article 4 (commencing with Section 8225) of Chapter 2 of Part 6 of Division 1 of Title 1; programs that teach basic skills education and English as a second language; and disabled student services provided pursuant to Chapter 14 (commencing with Section 67300) of Part 40 of Division 5. (E) Evaluation of each student’s progress and referral to appropriate interventions for students who are enrolled in basic skills courses, who have not declared an educational goal as required, or who are on academic probation, as defined by standards adopted by the Board of Governors of the California Community Colleges and community college districts. (3) The student’s responsibilities under the agreement include, but are not necessarily limited to, the identification of an academic and career goal upon application, the declaration of a specific course of study after a specified time period or unit accumulation, as defined by the board of governors, diligence in class attendance and completion of assigned coursework, and the completion of courses and maintenance of academic progress toward an educational goal and course of study identified in the student’s education plan. To ensure that students are not unfairly impacted by the requirements of this chapter, the board of governors shall establish a reasonable implementation period that is phased in as resources are available to provide nonexempt students with the core services pursuant to this section. (b) Funding for the Student Success and Support Program shall be targeted to fully implement orientation, assessment, counseling and advising, and other education planning services needed to assist a student in making an informed decision about his or her educational goal and course of study and in the development of an education plan. (Amended by Stats. 2012, Ch. 624, Sec. 6. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78212.5. Source version: id_2418c61b-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. It is the intent of the Legislature that, pursuant to Sections 78213 and 78213.1, all of the following are satisfied: (a) All United States high school graduate students and those who have received a high school equivalency certificate, regardless of background or special population status, who plan to pursue a certificate, degree, or transfer program offered by the California Community Colleges, shall be directly placed into, and, when beginning coursework in English or mathematics, shall be enrolled in, transfer-level English and mathematics courses if their program requires mathematics or English. (b) California community colleges shall place and enroll students into transfer-level mathematics or English coursework that satisfies a requirement of the student’s intended certificate or associate degree or a requirement for transfer within their intended major. (c) When the California State University and University of California systems require mathematics or English prerequisites, both of the following apply: (1) Community colleges shall determine the methods of fulfilling the prerequisite, whether it be through high school coursework, completion of corequisite coursework or concurrent support activity, credit by examination, credit for prior learning, or multiple measures placement into, or completion of, a course with the same or higher prerequisite. (2) The California State University shall, and the University of California is requested to, work collaboratively with the California Community Colleges to maintain articulation of courses successfully completed at the California Community Colleges. (d) California community colleges create the largest opportunities possible for access to transfer-level courses, ensure the greatest enrollment possible into those courses, and provide students the support they need to perform well and be successful in completing those courses. (e) In order to protect the rights of students with disabilities to fully benefit from participation in postsecondary educational programs, students with documented disabilities shall retain access to educational assistance classes, as described in Section 56028 of Title 5 of the California Code of Regulations, that are offered to students who otherwise would not be able to benefit from general college classes even with appropriate academic adjustments, auxiliary aids, and services. (f) Notwithstanding this article, community colleges remain responsible for implementing state and federal laws pertaining to funding and providing services to students with disabilities, including, but not limited to, Chapter 14 (commencing with Section 67300) of Part 40 of Division 5, the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et seq.), as amended, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), as amended. (Amended by Stats. 2023, Ch. 131, Sec. 48. (AB 1754) Effective January 1, 2024. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78213. Source version: id_74cfa7bc-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) A community college district or community college shall not use any assessment instrument for the purposes of this article without the authorization of the board of governors. The board of governors may adopt a list of authorized assessment instruments. (b) The board of governors shall review all assessment instruments and shall consider for approval those that meet all of the following requirements: (1) Assessment instruments shall meet established standards of validity and reliability. (2) Assessment instruments shall be sensitive to cultural and language differences between students, and shall be adapted as necessary to accommodate students with disabilities. (3) Assessment instruments shall be used solely as an advisory tool to assist students in the selection of appropriate courses. (4) Assessment instruments shall not be used to exclude students from admission to community colleges. (c) (1) A community college district or community college shall maximize the probability that a student will enter and complete transfer-level coursework in English and mathematics within a one-year timeframe of their initial attempt in the discipline. For a student with a declared academic goal, the transfer-level coursework shall satisfy the English and mathematics course requirements of the intended certificate or associate degree, or a requirement for transfer within the intended major, within a one-year timeframe of their initial attempt in the discipline. (2) Community colleges shall use, in the placement and enrollment of students into English and mathematics courses in order to achieve this goal, one or more of the following measures: (A) High school coursework. (B) High school grades. (C) High school grade point average. (3) When using multiple measures, colleges shall apply multiple measures in the placement and enrollment of all students in such a manner that all of the following occur: (A) Low performance on one measure shall be offset by a higher performance on another measure. (B) Multiple measures shall be used to increase a student’s placement recommendation and shall not be used to lower it. (C) Any one measure may demonstrate a student’s preparedness for transfer-level coursework. (D) The multiple measures placement shall not require students to repeat coursework that they successfully completed in high school or college or for which they demonstrated competency through other methods of credit for prior learning. (E) The multiple measures placement gives students access to a transfer-level course that will satisfy a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major. (4) For the purposes of this subdivision, using high school grade point average as a composite of student performance over multiple years of high school coursework is a sufficient use of multiple evidence-based measures. (5) Community colleges shall use multiple evidence-based measures for placing students into English-as-a-second-language (ESL) coursework. For those students placed into credit ESL coursework, their placement should maximize the probability that they will complete degree and transfer requirements in English within three years. (6) High school transcript data shall be used as the primary means for determining placement in English and mathematics courses. When high school transcript data is difficult to obtain, logistically problematic to use, or not available, a community college district or community college shall use self-reported high school information. (7) (A) For students who have not graduated from high school, or for high school graduates unable to provide self-reported high school information, community colleges may use guided placement or self-placement. (B) The placement and enrollment resulting from the guided or self-placement method shall maximize the probability that students enter and complete transfer-level mathematics and English coursework that satisfies a requirement of the intended certificate or associate degree or a requirement for transfer within the intended major, within a one-year timeframe of their initial attempt in the discipline. (C) A community college may use guided placement or self-placement to direct English language learners who are not United States high school graduates into credit ESL programs and shall maximize the probability that students in credit ESL programs enter and complete transfer-level English within a timeframe of three years. (D) District placement methods based upon guided placement, including self-placement, shall not do either of the following: (i) Incorporate sample problems, assignments, assessment instruments, or tests, including those designed for skill assessment. (ii) Request students to solve problems, answer curricular questions, present demonstrations and examples of coursework designed to show knowledge or mastery of prerequisite skills, or demonstrate skills through tests or surveys. (8) The board of governors shall establish regulations governing the use of these and other measures, instruments, and placement models to ensure that the measures, instruments, and placement models selected by a community college demonstrate that they guide English and mathematics placements and enrollment to achieve the goal of maximizing the probability that a student will enter and complete transfer-level coursework in English and mathematics that satisfies a requirement of the intended certificate or associate degree or a requirement for transfer within the intended major within a one-year timeframe and credit ESL students will complete transfer-level coursework in English within a timeframe of three years. (9) A community college district or community college shall maximize the probability that a student will enter and complete college-level coursework in English and mathematics within a one-year timeframe that for students who seek a goal other than transfer, and who are in certificate or degree programs with specific mathematics and English requirements, as determined by the program’s advisory board or accrediting body, that cannot be met with transfer-level coursework. (10) Programs without mathematics or English requirements are exempt from this subdivision. (d) A community college district or community college shall not recommend or require students to enroll in pretransfer-level English or mathematics coursework unless both of the following are true: (1) The student is highly unlikely to succeed in a transfer-level English or mathematics course based on their high school grade point average and coursework. (2) The enrollment in pretransfer-level coursework will improve the student’s probability of completing transfer-level coursework in English and mathematics within a one-year timeframe or, for credit ESL students, completing transfer-level coursework in English within a three-year timeframe. (e) (1) By July 1, 2023, if a community college places and enrolls students into transfer-level mathematics or English coursework that does not satisfy a requirement for the student’s intended certificate or associate degree, or a requirement for transfer within the intended major, the community college shall show both of the following to verify the benefit of the coursework to students: (A) The student is highly unlikely to succeed in a transfer-level English or mathematics course that satisfies a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major. (B) The enrollment will improve the student’s probability of completing transfer-level mathematics or English coursework that satisfies a requirement for the intended certificate or associate degree, or a requirement for transfer within the intended major, within a one-year timeframe. (2) If the benefit of the coursework, as described in paragraph (1), is not verified, the college shall not recommend or require students to enroll in that course after July 1, 2024, and shall notify students who continue to enroll in the course that it is optional and does not improve their chances of completing subsequent coursework that satisfies a requirement for their intended certificate or associate degree, or a requirement for transfer within their intended major. (f) (1) By July 1, 2024, for calculus-based associate degrees or transfer majors in science, technology, engineering, and mathematics (STEM), community colleges shall examine the impact of placing and enrolling students into transfer-level course sequences, composed of no more than two transfer-level courses, that prepare students for the first STEM calculus course, in order to verify the benefit of the coursework to students by showing all of the following: (A) The student is highly unlikely to succeed in the first STEM calculus course without the additional transfer-level preparation. (B) The enrollment will improve the student’s probability of completing the first STEM calculus course. (C) The enrollment will improve the student’s persistence to and completion of the second calculus course in the STEM program, if a second calculus course is required. (2) If the benefit of the coursework, as described in paragraph (1), is not verified, the college shall not recommend or require students to enroll in that course after July 1, 2025, and shall notify students who continue to enroll in the course that it is optional and does not improve their chances of completing calculus for their STEM program. (g) Community colleges are encouraged to explore the impact of concurrent support for the first STEM calculus course as an alternative to transfer-level preparatory courses that are not part of the STEM degree or transfer coursework for the STEM major. (h) By July 1, 2023, a community college district or community college, when considering the placement and enrollment of a student into transfer-level English and mathematics, shall not rely upon any of the following as a justification for placing and enrolling a student into pretransfer-level mathematics or English coursework or into transfer-level mathematics or English coursework that does not satisfy a requirement for the student’s intended certificate or associate degree, or a requirement for transfer within the intended major: (1) The length of time between a student’s enrollment date at the community college and the student’s high school graduation date. (2) Whether the student belongs to a special population, including, but not limited to, foster youth, veterans, economically disadvantaged students or those students who participate in extended opportunity programs and services, participants in disability services and programs for students, and students in Umoja, Puente, or Mathematics, Engineering, Science Achievement (MESA) programs. (3) Whether the student can provide a high school transcript, self-reports high school information, or uses self-placement or guided placement. (i) (1) By July 1, 2023, all United States high school graduates, and those who have received a high school equivalency certificate, regardless of background or special population status, who plan to pursue a certificate, degree, or transfer program offered by the California Community Colleges, shall be directly placed into, and, when beginning coursework in English or mathematics, enrolled in, transfer-level English and mathematics courses. (2) If the student has a declared academic goal, the mathematics and English coursework shall satisfy a requirement of the student’s intended certificate or associate degree or a requirement for transfer within the intended major. (3) A community college shall not require students to repeat coursework that they have successfully completed in high school or college or take coursework that repeats competencies that the student has demonstrated through other methods of credit for prior learning. (4) A community college shall not enroll into noncredit coursework students who have graduated from a United States high school or been issued a high school equivalency certificate, as a substitute or replacement for direct placement and enrollment into transfer-level English and mathematics coursework as described in paragraph (1) of subdivision (c). (j) The following are exceptions to transfer-level placement and enrollment into mathematics and English coursework, as described in subdivision (i): (1) Students who have not graduated from a United States high school or been issued a high school equivalency certificate. (2) Students enrolled in a certificate program without English or mathematics requirements. (3) Students enrolled in a noncredit ESL course who have not graduated from a United States high school or been issued a high school equivalency certificate. (4) Students with documented disabilities in educational assistance classes, as described in Section 56028 of Title 5 of the California Code of Regulations, who are otherwise not able to benefit from general college classes even with appropriate academic adjustments, auxiliary aids, and services. (5) Students enrolled in adult education programs who have not graduated from a United States high school or been issued a high school equivalency certificate. (6) Students enrolled in adult education programs who are enrolled in coursework other than mathematics or English. (7) Current high school students in dual enrollment or taking courses not available in their local high school. (8) The community college has provided local research and data pursuant to subdivisions (e) and (f) to verify the benefit of the placement and enrollment into transfer-level coursework that does not satisfy a requirement for the intended certificate or associate degree or a requirement for transfer within the intended major. (9) College-level placement and enrollment in lieu of transfer-level placement and enrollment may occur for: (A) Students in career technical programs seeking a certificate or associate degree with specific requirements, as dictated by the program’s advisory or accrediting body, that cannot be satisfied with transfer-level coursework (B) Specific subgroups of students for whom a community college district or community college has provided local research and data meeting the evidence standards pursuant to subdivisions (e) and (f) that allow for the placement and enrollment of the student subgroup into pretransfer-level mathematics or English coursework. (k) (1) For students who need or desire extra academic support when enrolled in transfer-level mathematics or English coursework, community colleges shall provide access to tutoring, support-enhanced transfer-level mathematics and English courses, concurrent low-unit credit or similar contact hour noncredit corequisite coursework for transfer-level mathematics and English, or other academic supports. (2) A community college may require students to enroll in additional concurrent support, including additional language support for ESL students, during the same term that they take a transfer-level English or mathematics course, if it is determined that the support will increase the student’s likelihood of passing the transfer-level English or mathematics course. (3) Nothing in this subdivision shall be construed as limiting student access to additional concurrent support nor requiring students to enroll into concurrent supports. (l) The Chancellor’s Office of the California Community Colleges may require a community college or community college district to change or adopt a placement policy or practice identified by the chancellor’s office to ensure that a community college or community college district’s placement and enrollment of students into mathematics, English, and ESL is consistent with the requirements of this section. (m) Nothing in this section is meant to add mathematics and English requirements to certificate programs that do not have mathematics or English requirements. (n) For purposes of this section, the following definitions apply: (1) “Assessment” means the process of gathering information about a student regarding the student’s study skills, English language proficiency, computational skills, aptitudes, goals, learning skills, career aspirations, academic performance, and need for special services. Assessment methods may include, but not necessarily be limited to, interviews, standardized tests, attitude surveys, vocational or career aptitude and interest inventories, high school or postsecondary transcripts, specialized certificates or licenses, educational histories, and other measures of performance. (2) “Pretransfer level,” with respect to courses, includes basic skills, remedial, and college-level courses. (3) “Transfer-level written communication” and “transfer-level quantitative reasoning” have the same meaning as transfer-level English and transfer-level mathematics, respectively. (Amended by Stats. 2022, Ch. 926, Sec. 3. (AB 1705) Effective January 1, 2023. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78213.1. Source version: id_628000a6-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) Beginning July 1, 2023, the Chancellor’s Office of the California Community Colleges shall make available on its internet website a dashboard containing multiyear data, beginning from 2015. The dashboard shall be updated annually pursuant to subdivision (b) and shall contain data submitted to the chancellor’s office by community colleges on student progression and completion of transfer-level English, mathematics, and ESL courses, disaggregated by community college and by all the following: (1) Age group. (2) Whether the student received corequisite support. (3) Receipt of disability services and programs for students. (4) Receipt of extended opportunity programs and services. (5) Ethnicity. (6) Foster youth status. (7) Gender. (8) Discipline–relevant high school performance bands. (9) Mathematics, Engineering, Science Achievement (MESA) program students. (10) Puente students. (11) Umoja students. (12) Veteran status. (b) Beginning on December 1, 2024, and annually thereafter, the chancellor’s office shall update the dashboard, as established in subdivision (a), and inform the Assembly Committee on Higher Education, the Assembly Budget Subcommittee on Education Finance, the Senate Committee on Education, and the Senate Budget and Fiscal Review Subcommittee on Education of the update. (Added by Stats. 2022, Ch. 926, Sec. 4. (AB 1705) Effective January 1, 2023. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78213.2. Source version: id_28a642f9-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) As used in this section, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (2) “Community college” means a college of the California Community Colleges system or a community college district that maintains the college. (3) “Concurrent supports” includes, but is not limited to, corequisite courses, support-enhanced transfer-level mathematics or English courses, supervised tutoring, embedded tutoring, coteaching courses, tutoring, or any other academic supports offered by a community college. (4) “Equitable placement and completion policies and practices” means the placement and completion policies and practices described in Section 78213. (5) “Program” means the California Community College Equitable Placement and Completion Grant Program established pursuant to this section. (b) (1) The California Community College Equitable Placement and Completion Grant Program is hereby established under the administration of the chancellor’s office. Grants awarded to community colleges pursuant to this section are intended to ensure the implementation of equitable placement and completion policies and practices. (2) The chancellor’s office shall distribute grants to community colleges that satisfy the requirements of this section, and any programmatic criteria and administrative guidelines developed by the chancellor’s office to implement the program. (c) The chancellor’s office shall award grants to community colleges from the funds described in paragraph (2) of subdivision (b) as follows: (1) Thirty-four percent of funds as a base allocation to all community colleges. (2) Thirty-three percent of funds to community colleges with below average enrollment in transfer-level mathematics or English courses. (3) Thirty-three percent of these funds shall be awarded to community colleges with below average success rates of students successfully completing transfer-level mathematics or English courses within one year of their first attempt in the discipline. (d) Before the chancellor’s office may award a grant to a community college, the college shall demonstrate its commitment to implement equitable placement and completion policies and practices by submitting a detailed plan, on or before May 1, 2023, documenting changes in placement practices and curricular structures that the college will implement to reach the goal of full implementation of Sections 78212 and 78213. (e) A community college may use the grant to implement equitable placement and completion policies and practices for limited-term purposes, including, but not limited to, any or any combination of the following: (1) Faculty release time to design, implement, and evaluate corequisite transfer-level mathematics/quantitative reasoning and English courses at scale. (2) Professional development for faculty, including subject pedagogy, classroom climate, and corequisite implementation, including evaluation and iterative improvement of the effectiveness of the professional development. (3) Creation, implementation, and evaluation of concurrent supports or support services to increase throughput rates for transfer-level mathematics/quantitative reasoning and English courses. (4) Faculty release time to redesign, implement, and evaluate certificate and associate degree pathways to ensure mathematics/quantitative reasoning and English courses associated with the pathways are transfer-level courses. (5) Any other services suggested by community colleges and approved by the chancellor’s office for which there is evidence of their likelihood of improving the successful completion of transfer-level mathematics/quantitative reasoning and English courses by students within a one year timeframe of their initial attempt in the discipline. (f) A community college that receives the grant shall use 10 percent of their grant for professional development in inclusive teaching practices and subject pedagogy. All faculty are encouraged to attend the professional development and it is the Legislature’s intent for community colleges to require faculty who teacher remedial mathematics/quantitative reasoning or English to attend the professional development courses offered pursuant to this subdivision. (g) (1) The chancellor’s office shall report to the Director of Finance and the Legislature, pursuant to Section 9795 of the Government Code, as follows: (A) On or before September 1, 2023, a summary of the plans received by the chancellor’s office pursuant to subdivision (d). (B) On or before July 1, 2025, provide an updated summary of each community colleges’ progress in implementing its plan developed pursuant to subdivision (d). (C) On or before July 1, 2027, provide an additional updated summary of each community colleges’ progress in implementing its plan developed pursuant to subdivision (d). (2) Each report submitted pursuant to paragraph (1) may include recommendations on any statutory or regulatory changes necessary to improve the ability of community colleges to implement their locally developed guided pathways programs. (Added by Stats. 2022, Ch. 54, Sec. 28. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78214. Source version: id_2e848aa0-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) All participating districts shall, with the assistance of the chancellor, establish and maintain institutional research to evaluate the effectiveness of the Student Success and Support Program described by this article and of any other programs or services designed to facilitate students’ completion of their educational goals and courses of study. (b) The metrics for this research shall include, but not be limited to: (1) Prior educational experience, including transcripts when appropriate, as determined by the chancellor. (2) Educational goals and courses of study. (3) Criteria for exemption from orientation, assessment, or required counseling or advisement, if applicable. (4) Need for financial assistance. (5) Disaggregated data by ethnicity, gender, disability, age, and socioeconomic status, to the extent this information is available. (6) Academic performance, such as the completion of specified unit thresholds, success in basic skills courses, grade point average, course completion outcomes, transfer readiness, and degree and certificate completion. (7) Any additional information that the chancellor finds appropriate. (c) The evaluation provided for by this section shall include an assessment of the effectiveness of the programs and services in attaining at least the following objectives: (1) Helping students to define their academic and career goals and declare a course of study. (2) Assisting institutions in the assessment of students’ educational needs and valid course placement. (3) Helping support students’ successful course completion and goal attainment. (4) Matching institutional resources with students’ educational needs. (Amended by Stats. 2012, Ch. 624, Sec. 9. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78215. Source version: id_397f8402-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) The Board of Governors of the California Community Colleges, in consultation with students, faculty, student service administrators, and other key stakeholders, shall establish policies and processes for all of the following: (1) Requiring all nonexempt students to complete orientation and assessment and to develop education plans. (2) Exempting students from participation in orientation, assessment, or required education planning services under this article. (3) Requiring community college districts to adopt a student appeal process. (b) To ensure that students are not unfairly impacted by the requirements of this chapter, these policies and processes shall be phased in over a reasonable period of time as determined by the board of governors in consideration of the resources available to provide the core services identified in Section 78212. (c) It is the intent of the Legislature that these policies and processes be developed and implemented only as resources are provided and utilized by community college campuses to provide the student support services, individual counseling and advising, and technology-based strategies necessary to ensure that students can successfully meet the requirements of this section. (Amended by Stats. 2012, Ch. 624, Sec. 10. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78216. Source version: id_447a2f44-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) The Legislature recognizes that community college districts are currently funding various components of student matriculation through existing orientation, counseling and advising, education planning, assessment, and other student services, but that adequate student matriculation and implementation of the Student Success and Support Program strategies cannot be realized without supplemental funding support. (b) The board of governors shall develop a formula for allocating the funding for the Student Success and Support Program to implement the services identified in Section 78212 at community colleges. The formula shall include the requirement that the districts or colleges contribute matching funds in an amount to be established by the board of governors in each case, and shall reflect, but not be necessarily limited to, other considerations as follows: (1) The number of students to receive services at each college. (2) The number of students who received orientation, assessment, counseling and advising, and other education planning services. (3) The requirement that funds for the Student Success and Support Program services be expended only for services approved by the board of governors. (4) The requirement that any district or college receiving funding pursuant to this section agree to implement this article, implement the board of governors’ system of common assessment, if using an assessment instrument for placement, and implement the board of governors’ accountability scorecard, pursuant to Section 84754.5, when established during the period in which it receives that funding. (5) Insofar as a community college district is able to fully implement in-person or technology strategies for orientation, assessment, and education planning services, the board of governors may identify other noninstructional support services that can be funded through this article. (c) The board of governors shall require participating colleges to develop a Student Success and Support Program plan that reflects all of the following: (1) A description of the Student Success and Support Program services identified in Section 78212 to be provided. (2) A description of the college’s process to identify students at risk for academic or progress probation and the college’s plan for interventions or services to students. (3) The college budget for the state-funded Student Success and Support Program services pursuant to Sections 78212 and 78214. (4) The development and training of staff and faculty to implement the Student Success and Support Program services. (5) In multicampus districts, the coordination of the college Student Success and Support Program plan with other college plans within the district. (6) Technology services and institutional research and evaluation necessary for implementation of this article. (7) Coordination with college student equity plans to ensure that the college has identified strategies to monitor and address equity issues and mitigate any disproportionate impacts on student access and achievement. (8) The extent to which the community college is able to develop partnerships with feeder high school districts, workforce agencies, and other community partners to assist entering students in career and educational exploration and planning and leverage resources to support a successful transition to college and career. (d) The board of governors may allocate up to 5 percent of the total funds appropriated for the Student Success and Support Program for state administrative operations to carry out the intent of this article, subject to the review of the annual budget process. (Amended by Stats. 2012, Ch. 624, Sec. 11. (SB 1456) Effective January 1, 2013. Note: See provision in Section 78218 making operation contingent upon funding.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78218. Source version: id_4f68f3a6-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. In the 2012–13 fiscal year and each fiscal year thereafter, this article shall be operative only if funds are specifically appropriated for the purposes of this article. (Amended by Stats. 2012, Ch. 624, Sec. 12. (SB 1456) Effective January 1, 2013. Note: Operational conditions apply to Article 1, commencing with Section 78210.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1. Student Matriculation [78210 - 78219] SECTION 78219. Source version: id_217a270f-317a-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1. (a) The Board of Governors of the California Community Colleges shall establish a common assessment system to be used as one of multiple measures, consistent with existing regulations, for the purposes of community college placement and advisement. The system shall include all of the following objectives: (1) Selection of an existing commercially available and centrally delivered system of student assessment that provides a single common assessment instrument for use by community colleges in the curriculum areas of English, mathematics, and English as a second language. (2) Creation of a secure, centrally housed assessment test data warehouse that shall collect all of the following: (A) All available assessment scores generated by assessed students at all community colleges. (B) All available K–12 assessment data for students at all community colleges. The use of this data shall be limited to placing and advising community college students to enhance their success with and completion of their postsecondary education objectives. (C) Other data or student transcript information that is used for the purpose of student placement. (3) Creation of an Internet Web portal that can be accessed by community college personnel and students and that provides all of the following: (A) An assessment profile, generated for each student upon request, that includes all assessment information available in the data warehouse created pursuant to paragraph (2). This profile shall be accessible for counseling, matriculation, and course placement purposes. (B) A pretest application that emulates the structure of the student assessment created pursuant to paragraph (1) that students can practice on and familiarize themselves with before taking future assessments. (C) An advisement tool that provides students with information about the importance of taking the common assessment to be placed in college-level courses in English, mathematics, or English as a second language and the historical success rates of students who place in various levels of remedial coursework. (b) In developing the common assessment, the Office of the Chancellor of the California Community Colleges shall work in collaboration with the State Department of Education and the California State University when developing a common college-readiness standard that will be reflected in the creation of assessment instruments. (c) The Office of the Chancellor of the California Community Colleges shall submit a report to the Legislature and the Governor on the progress of the implementation of the common assessment system by December 31, 2012. (d) The provisions of this section shall be operative upon the receipt of state, federal, or philanthropic funds sufficient to cover the costs of the common assessment system. (Added by Stats. 2011, Ch. 615, Sec. 1. (AB 743) Effective January 1, 2012. Section conditionally operative, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1.5. Student Equity Plans [78220 - 78222] SECTION 78220. Source version: id_ffe42352-b8d9-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1.5. (a) As a condition for receiving Student Success and Support Program funding, and in order to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances, the governing board of each community college district shall maintain a student equity plan that includes all of the following for each community college in the community college district: (1) Campus-based research, as to the extent of student equity by gender and for each of the following categories of students, that uses the methodology established pursuant to subdivision (d) of Section 78221: (A) Current or former foster youth. (B) Students with disabilities. (C) Low-income students. (D) Veterans. (E) Students in the following ethnic and racial categories, as they are defined by the United States Census Bureau for the 2010 Census for reporting purposes: (i) American Indian or Alaska Native. (ii) Asian. (iii) Black or African American. (iv) Hispanic or Latino. (v) Native Hawaiian or other Pacific Islander. (vi) White. (vii) Some other race. (viii) More than one race. (F) Homeless students. (G) Lesbian, gay, bisexual, or transgender students. (H) Additional categories of students determined by the governing board of the community college district. (2) To the extent that student data described in paragraph (1) has been collected, the office of the Chancellor of the California Community Colleges shall make the data available to community college districts for determining student equity and disproportionate impact. (3) Goals for access and retention, degree and certificate completion, English as a Second Language and foundational skills, completion, and transfer for the overall student population and for each population group of high-need or disadvantaged students, and a determination of what activities are most likely to effectively meet those goals. (4) Whether significant underrepresentation is found to exist pursuant to paragraphs (1) and (3), based on the methodology established pursuant to subdivision (d) of Section 78221, measures for addressing the disparities in those areas, implementation activities designed to attain the goals specified in paragraph (3), including, but not limited to, the adoption of evidence-based models of remediation, implementation of placement and enrollment policies that more accurately predict student success and identify students’ pretransfer needs, and a means of coordinating with, at a minimum, the following student equity-related categorical programs or campus-based programs: (A) Students with disabilities. (B) Extended Opportunity Programs and Services and Special Services. (C) Fund for Student Success. (D) Student Success and Support Program. (E) Programs for foster youth. (F) Programs for veterans. (G) Special Services for CalWORKs Recipients. (H) Student Financial Aid Administration. (I) Student Success for Basic Skills Students. (5) Sources of funds for the activities in the plan. (6) A schedule and process for evaluation. (7) An executive summary that includes, at a minimum, the student groups for whom goals have been set, the goals, the initiatives that the community college or community college district will undertake to achieve these goals, the resources that have been budgeted for that purpose, and the community college district official to contact for further information. Commencing with the 2016–17 academic year, the executive summary shall also include a detailed accounting of how funding was expended and an assessment of the progress made in achieving the identified goals. (8) A description of the active involvement of all groups on campus, including, but not limited to, those identified in subdivision (b), in developing the student equity plan. (b) Student equity plans shall be developed with the active involvement of all groups on campus as required by law, including, but not limited to, the academic senate, academic faculty and staff, student services, and students, and with the involvement of appropriate people from the community. (c) The plan shall be adopted by the governing board of the community college district and submitted to the Chancellor of the California Community Colleges on or before January 1, 2015, who shall publish all executive summaries, sending copies to the appropriate policy and budget committees of the Legislature, the Department of Finance, every community college and community college district, each consultation group identified in subdivision (b) that so requests, and additional individuals and organizations as deemed appropriate. (d) The plan shall be updated every three academic years and plan updates shall be submitted to the Chancellor of the California Community Colleges for publication and distribution as provided for in subdivision (c). (e) (1) Funding included in the Budget Act for the Student Equity and Achievement Program may be used for the provision of emergency student financial assistance to help an eligible student overcome unforeseen financial challenges that would directly impact the student’s ability to persist in the student’s course of study. These challenges include, but are not limited to, the immediate need for shelter or food. Each community college district and campus is encouraged to consider the unique characteristics of its student body in developing specific guidelines for further defining what constitutes an unforeseen financial challenge for its students. (2) In order for emergency student financial assistance to be an allowable use of Student Equity and Achievement Program funds, emergency student financial assistance shall be included in the institution’s plan for interventions to students. (3) For purposes of this subdivision, the following terms are defined as follows: (A) “Eligible student” means a student who has experienced an unforeseen financial challenge, who is making satisfactory academic progress, as defined by the college the student attends, and who is at risk of not persisting in the student’s course of study due to the unforeseen financial challenge. For purposes of this paragraph, the definition of satisfactory academic progress used by the community college shall provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that community college, and that extenuating circumstance may be considered by the institution to alter or excuse compliance with those progress requirements. (B) “Emergency student financial assistance” means financial support to assist a student to overcome unforeseen financial challenges, including, but not limited to, direct aid in the form of emergency grants, housing and food assistance, textbook grants, and transportation assistance, so that the student can continue the student’s course of study. (Amended by Stats. 2024, Ch. 715, Sec. 1. (AB 2403) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1.5. Student Equity Plans [78220 - 78222] SECTION 78221. Source version: id_3ee75038-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1.5. The Chancellor of the California Community Colleges shall allocate funds provided for purposes of successfully implementing the activities and goals specified in the student equity plans adopted pursuant to Section 78220, consistent with all of the following: (a) The chancellor shall ensure a community college district has submitted a student equity plan that is consistent with Section 78220. For purposes of allocating funding appropriated in the 2014–15 Budget Act, a community college district that has not submitted a student equity plan shall provide the chancellor with an outline for the community college district’s completion of the student equity plan on or before January 1, 2015. (b) The chancellor shall ensure that community college districts that serve greater populations of students who are high-need students or disadvantaged students receive greater resources to provide services to students, consistent with the goals and activities specified in their student equity plans. (c) The chancellor shall establish criteria for calculating the number of high-need and disadvantaged students in a community college district. For purposes of this article, “high-need students” mean students who have an expected family contribution, as defined in subdivision (g) of Section 69432.7, at any time during those students’ matriculation at the institution, that would qualify those students to receive federal Pell Grants and students from ZIP Codes in the bottom two quintiles of college attainment. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the California Student Aid Commission to be equivalent to the FAFSA application submitted by that student. For purposes of this article, the determination of who are “disadvantaged” students shall take into account the college participation rate of the college-aged population of, and the socioeconomic status of, a community college district population. (d) The chancellor shall establish a standard methodology, including guidelines, for measurement of student equity and disproportionate impact for disaggregated subgroups of the student population of the California Community Colleges. The chancellor shall establish the methodology for use in the student equity plans of community college districts. (e) (1) The chancellor shall, consistent with the goal of eliminating any achievement disparities that are identified pursuant to the requirements of Section 78220, provide guidance to community college districts regarding expenditures and activities to ensure that funding is used to support evidence-based practices to implement student equity plan goals and coordinate services for the targeted student populations through evidence-based practices. (2) (A) On or before March 15, 2016, and, except as provided in subparagraph (B), March 15 annually thereafter, the chancellor shall submit a report to the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature, on the expenditure of funds for purposes of this article during the previous fiscal year. (B) Beginning in the 2025–26 fiscal year, the chancellor may submit the report described in subparagraph (A) annually, on or before March 1, to the Department of Finance, the Legislative Analyst’s Office, and the appropriate policy and fiscal committees of the Legislature. (Amended by Stats. 2024, Ch. 998, Sec. 23. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1.5. Student Equity Plans [78220 - 78222] SECTION 78221.5. Source version: id_34c794cd-fcc2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1.5. As a condition for receiving funding pursuant to the Student Equity and Achievement Program established by Section 78222, a community college shall do all of the following: (a) (1) Inform students of their rights to access transfer-level coursework and academic credit English as a second language (ESL) coursework, and of the multiple measures placement policies developed by the community college, as provided in Section 78213. (2) The information described in paragraph (1) shall be communicated in language that is easily understandable, and shall be prominently featured in the community college catalog, orientation materials, information relating to student assessment on the community college’s Internet Web site, and any written communication by a college counselor to a student about the student’s course placement options. (b) Annually report both of the following to the chancellor’s office in a manner and form prescribed by the chancellor’s office, consistent with the requirements of Section 78213: (1) The community college’s placement policies. (2) (A) The community college’s placement results. A community college shall include the number of students assessed and the number of students placed into transfer-level coursework, transfer-level coursework with concurrent support, or transfer-level or credit ESL coursework, disaggregated by race and ethnicity. (B) For students placed in stand-alone English or mathematics pretransfer-level coursework, a community college district or college shall provide, based on local placement research, an explanation of how effective practices align with the regulations adopted pursuant to Section 78213. (c) Publicly post its placement results, including the number of students assessed and the number of students placed into transfer-level coursework, transfer-level coursework with concurrent support, or transfer-level or credit ESL coursework, disaggregated by race and ethnicity. (d) Satisfy the requirements of this section by the implementation date, established by regulation pursuant to subdivision (d) of Section 78213, for purposes of compliance with the requirements of Section 78213. (e) It is the intent of the Legislature that the chancellor’s office shall make data collected pursuant to subdivision (b) publicly available, except for personally identifiable information, which shall be deemed confidential, by posting the data on the Internet Web site of the chancellor’s office or making it publicly available upon request. (Added by Stats. 2018, Ch. 531, Sec. 1. (AB 1805) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 1.5. Student Equity Plans [78220 - 78222] SECTION 78222. Source version: id_4b62f62a-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=1.5. (a) (1) The Student Equity and Achievement Program is hereby established. (2) It is the intent of the Legislature that funds for the Student Equity and Achievement Program support the California Community Colleges in advancing the systemwide goal to boost achievement for all students with an emphasis on eliminating achievement gaps for students from traditionally underrepresented groups by doing all of the following: (A) Implementing activities and practices pursuant to the California Community College Guided Pathways Grant Program. (B) Ensuring students complete their educational goals and a defined course of study. (C) Providing quality curriculum, instruction, and support services to students who enter college deficient in English and mathematics to ensure these students complete a course of study in a timely manner. (b) As a condition of the receipt of funds for purposes of this section, a district shall comply with all of the following: (1) Maintain a student equity plan pursuant to Section 78220 to ensure equal educational opportunities and to promote student success for all students, regardless of race, gender, age, disability, or economic circumstances. (2) Provide student matriculation services pursuant to Section 78212, including implementation of orientation, counseling and advising, referral to specialized student support services, and other education planning services needed to assist a student in making informed decisions about the student’s educational goal and course of study and in developing an education plan. The office of the Chancellor of the California Community Colleges shall establish guidelines on student matriculation services, including, but not limited to, the development of an education plan leading to a course of study. Notwithstanding any other law, students who are exempted from matriculation services pursuant to Section 78215 are not subject to the requirements of this paragraph. (3) Adopt and implement placement and enrollment policies consistent with the requirements of Section 78213. (4) Provide all students with an education plan that identifies courses, a sequence of courses, key progress milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. Notwithstanding any other law, students who are exempted from having an education plan under Section 78215 are not subject to the requirement of this paragraph. (5) Provide support to, or establish, on-campus food pantries or regular food distributions. (6) Provide a report to the chancellor’s office by January 1 of each year detailing how funding pursuant to this section was expended in the prior fiscal year and for what specific purposes. A district report shall also include an assessment of the progress in advancing the goals identified in paragraph (2) of subdivision (a). (c) (1) If the total amount of funds appropriated for purposes of this section is equal to or greater than the amount of funds appropriated in the 2017–18 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district an amount equal to or greater than the amount allocated in the 2017–18 fiscal year. (2) If the total amount of funds appropriated for purposes of this section is less than the amount of funds appropriated in the 2017–18 fiscal year for the Student Success and Support Program pursuant to Section 78212, the student equity plans pursuant to Section 78221, and the Student Success for Basic Skills program pursuant to Section 88815, the chancellor shall allocate to each district the pro rata share of the amount appropriated based on the amount allocated to each district in the 2017–18 fiscal year. (3) The board of governors may require districts or colleges to provide a local fund match for funding appropriated for purposes of this section. (4) The chancellor shall provide guidance to districts regarding eligible expenditures and activities and integrated planning to ensure funding for the Student Equity and Achievement Program is used to support the goal of eliminating disparities pursuant to paragraph (2) of subdivision (a). It is the intent of the Legislature that colleges prioritize funding for high-need and disadvantaged students, as those terms are defined in subdivision (c) of Section 78221. (5) (A) The chancellor may allocate up to 5 percent of the total funds appropriated for the purposes of this program for state administrative operations to carry out the intent of this section. (B) Of the amount allocated pursuant to subparagraph (A), the chancellor shall allocate to a community college district no less than the amount that was provided to a district in the 2017–18 fiscal year pursuant to paragraph (1) of subdivision (b) of Section 88815 to carry out faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of foundational skills and English as a second language program. (6) (A) By April 1 of each year, except as provided in subparagraph (B), the chancellor’s office shall submit a systemwide report to the Legislature and Department of Finance that provides a summary of the district reports referenced in paragraph (6) of subdivision (b). (B) Beginning in the 2025–26 fiscal year, the chancellor’s office shall submit the report described in subparagraph (A) annually, on or before March 1, to the Legislature and Department of Finance. (C) A report to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. (d) (1) All districts receiving an allocation of funds pursuant to subdivision (c) shall comply with the requirements of Section 78214. In meeting this requirement, the Student Success and Support Program referenced in Section 78214 means the Student Equity and Achievement Program. (2) For purposes of Section 87482.3, the Student Success and Support Program means the Student Equity and Achievement Program. (Amended by Stats. 2024, Ch. 998, Sec. 24. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 2. Athletic Programs [78223- 78223.] SECTION 78223. Source version: id_fe72e37a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=2. The governing board of a community college district may enforce rules and regulations relating to eligibility for and participation in intercollegiate athletics. The rules and regulations may include, but are not limited to, those adopted by a voluntary association, one of whose purposes is to govern intercollegiate athletics among schools and colleges. (Added by Stats. 1981, Ch. 470, Sec. 160.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3. Work-Experience Education [78249- 78249.] SECTION 78249. Source version: id_fe72e37e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3. (a) Notwithstanding any provisions of this code or the Labor Code to the contrary, the community college district under whose supervision work-experience education, or occupational training classes held in the community, as defined by regulations adopted by the board of governors, are provided shall be considered the employer under Division 4 (commencing with Section 3200) of the Labor Code of persons receiving the training unless the persons during the training are being paid a cash wage or salary by a private employer, or unless the person or firm under whom those persons are receiving work experience or occupational training elects to provide workers’ compensation insurance. An apprentice, while attending related and supplemental instruction classes, shall be considered to be in the employ of the apprentice’s employer and not subject to this section, unless the apprentice is unemployed. Whenever the work-experience education, or occupational training classes held in the community, are under the supervision of a regional occupational center or program operated by two or more community college districts pursuant to Section 52301, the district of residence of the persons receiving the training shall be deemed the employer for the purposes of this section. (b) Sections 1292, 1293, and 1294 of the Labor Code shall not apply to work-experience education programs established pursuant to this article if the work-experience coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited, if parental approval is obtained, and the principal or the counselor of the student has determined that the progress of the student toward graduation will not be impaired. (Amended by Stats. 1990, Ch. 1372, Sec. 477.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.51. Nursing Faculty [78260- 78260.] SECTION 78260. Source version: id_1a7dabfe-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.51. (a) (1) In order to further the state’s interests in a major expansion in the number of educated nurses in California, the Legislature finds that it is necessary to ensure a significant expansion in the number of qualified nursing faculty at California Community Colleges. Therefore, the Legislature hereby creates the California Community Colleges Nursing Faculty Recruitment and Retention Program in the Chancellor’s Office of the California Community Colleges for purposes of facilitating the recruitment and retention of qualified nursing faculty. The Chancellor of the California Community Colleges shall allocate funds on a competitive grant basis to community college districts that commit to sustained increases in the number of full-time equivalent students taught in the district’s nursing programs, as specified by the chancellor, and that also commit to the terms and conditions specified in this section. (2) It is the intent of the Legislature that the grants awarded under this article should be one-time grants and that the total amount of the funding for this article in any fiscal year should be limited to the amount appropriated for that purpose in the annual Budget Act. The Legislature finds and declares that the initial funding for this article is the appropriation contained in paragraph (30) of subdivision (a) of Section 43 of Chapter 79 of the Statutes of 2006. (b) (1) (A) The grant amount to each participating district shall be based on the number of full-time faculty at the district who are in their first through fifth year of service as an instructor in a California Community College registered nursing program in the fiscal year for which funds are disbursed. Notwithstanding any other provision of law, a community college district that receives an allocation for the making of grants under this article shall have up to five years to disburse these funds. (B) Except as provided in paragraph (3), the amount granted to any person under this article shall not exceed a total of twenty thousand dollars ($20,000) disbursed over a five-year period with a maximum of six thousand dollars ($6,000) in any one year. (2) Disbursements under this section shall be based on the following schedule: (A) Six thousand dollars ($6,000) for each instructor in his or her first year. (B) Five thousand dollars ($5,000) for each instructor in his or her second year. (C) Four thousand dollars ($4,000) for each instructor in his or her third year. (D) Three thousand dollars ($3,000) for each instructor in his or her fourth year. (E) Two thousand dollars ($2,000) for each instructor in his or her fifth year. (3) Notwithstanding the amounts listed in paragraph (2), the amount granted to a person under this article may be supplemented, in any year of the five-year cycle of disbursements under paragraph (2), by up to one thousand dollars ($1,000) in local matching funds, plus an equal amount of funds disbursed pursuant to this program. (4) A person who receives a grant under this article shall not be eligible for participation in the State Nursing Assumption Program of Loans for Education Chapter 3 (commencing with Section 70100) of Part 42. (c) Each district is authorized, through its shared governance and collective bargaining relationships, to allocate actual payments to faculty in their first through fifth years of service as a nursing instructor on a different basis if the district finds that its ability to recruit and retain nursing faculty is thereby enhanced. (d) Each district may use a portion of the grant proceeds to offer incentives to either full-time or part-time nursing instructors for the purpose of instruction in clinical settings during weekends and evenings. This subdivision shall not construed to be limited to faculty in their first through fifth years of service as nursing instructors. (e) As a condition of receiving grant funds under this article, each district agrees to provide the chancellor with all data requested by the chancellor on the expenditure of funds and program outcomes. (f) The chancellor shall report annually by March 1 to the Legislature and the Governor on program expenditures and outcomes by participating district and college. (Added by Stats. 2006, Ch. 837, Sec. 18. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.52. Nursing Students [78261 - 78261.5] SECTION 78261. Source version: id_67bebdee-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.52. (a) The Legislature finds and declares both of the following: (1) The Legislature intends to facilitate both the expansion of associate degree nursing programs and the improvement in completion rates in those programs. (2) The Legislature also intends that community colleges employ nationally recognized diagnostic assessment tools that are aligned with national nursing licensure requirements. Both students and the state benefit when diagnostic assessments are supplemented with educational opportunities to assist students in meeting skill levels. (b) It is the intent of the Legislature to create a Nursing Enrollment Growth and Retention program in the office of the Chancellor of the California Community Colleges. The purpose of this program shall be to provide grants to community college associate degree of nursing programs that meet either of the following conditions: (1) The nursing program has low or moderate program attrition levels. (2) The nursing program provides a comprehensive program of diagnostic assessment, prenursing preparation, and program-based support to students. (c) (1) It is the intent of the Legislature that this program shall be funded, beginning in the 2006–07 fiscal year, by a redirection of the ten million dollars ($10,000,000) provided annually pursuant to the Budget Act of 2005, along with an additional investment of two million eight hundred eighty-six thousand dollars ($2,886,000) annually, for a total program budget of twelve million eight hundred eighty-six thousand dollars ($12,886,000) annually. Unencumbered funds that were appropriated in the Budget Act of 2005 may be used for capacity building and equipment in the 2006–07 fiscal year. (2) Up to 3 percent of the funds appropriated for this program may be used for statewide administration, program development, program evaluation, and program accountability. As used in this paragraph, “program development” includes, but is not limited to, activities related to partnerships or collaborations between community colleges and institutions of higher education offering baccalaureate degrees in order to increase the number of students completing bachelor of the science of nursing (BSN), master of the science of nursing (MSN), and master’s entry programs in nursing (MEPN) courses of study. (d) The Board of Governors of the California Community Colleges may award grants to community college districts with associate degree nursing programs to expand enrollment, reduce program attrition, or both. Funds shall be used only for purposes of expanding enrollment, providing diagnostic assessments, and offering preentry coursework to prospective nursing students and diagnostic assessments and supportive services to enrolled nursing students. For purposes of this section, supportive services include, but are not limited to, tutoring, case management, mentoring, and counseling services. Funds may also be used to develop alternative delivery models such as part-time, evening, weekend, and summer program offerings. In order to qualify for these funds, a community college associate degree nursing program shall do either of the following: (1) Have a program attrition rate, as determined by the Board of Registered Nursing’s Annual School Report or the Information Program Data System of the chancellor’s office, of 15 percent or less for the year before applying for funding. (2) Commit to implement a comprehensive program of diagnostic assessment, prenursing enrollment preparation, and program-based support to enrolled students, as defined in this article. (e) Notwithstanding Section 78213 or any other law, before awarding any funds to be used for reducing program attrition, the chancellor’s office shall do all of the following: (1) Identify, in collaboration with community college associate degree nursing programs, nationally recognized diagnostic assessment tools that determine the likelihood of academic success in community college registered nursing education programs. (2) Establish, in collaboration with community college associate degree nursing programs, the systemwide proficiency level necessary for academic success for each diagnostic assessment tool. (3) Define the kinds of educational and support services that qualify for funding under this program. (f) As a condition of receiving grants under paragraph (2) of subdivision (d), a community college district shall, at minimum, do all of the following: (1) Use diagnostic assessment tools before enrollment to determine readiness for community college associate degree nursing programs. (2) Offer, or identify, educational preentry coursework, including, but not limited to, tutorials, instructional resources, or noncredit instruction, aligned to the entry level nursing standards and curriculum for students who fail to demonstrate readiness based upon the diagnostic assessment tools. (3) Provide access to prenursing coursework for all students who do not demonstrate readiness based upon the diagnostic assessment tools. (4) Require that students demonstrate readiness through the diagnostic assessment or successful completion of the prenursing coursework specified above before commencing the registered nursing program. (5) Ensure that students that participate in educational preentry coursework in order to demonstrate readiness based upon the diagnostic assessment tools are not disadvantaged in the program enrollment process. (g) As a condition of receiving grant funds pursuant to paragraph (2) of subdivision (d), each recipient community college district shall report to the chancellor’s office the following data for the academic year on or before a date determined by the chancellor’s office: (1) The number of students enrolled in the nursing program. (2) The number of students taking diagnostic assessments. (3) The number of students failing to meet proficiency levels as determined by diagnostic assessment tools. (4) The number of students failing to meet proficiency levels that undertake preentry preparation classes. (5) The number of students who successfully complete preentry preparation coursework. (6) The average number of months between initial diagnostic assessment, demonstration of readiness, and enrollment in the nursing program for students failing to meet proficiency standards on the initial diagnostic assessment. (7) The average number of months between diagnostic assessment and program enrollment for students meeting proficiency standards on the initial diagnostic assessment. (8) The number of students who completed the associate degree nursing program and the number of students who pass the National Council Licensure Examination (NCLEX). (h) (1) Data reported to the chancellor under this article shall be disaggregated by age, gender, ethnicity, and language spoken at home. (2) The chancellor’s office shall compile and provide this information to the Legislature and the Governor as described in paragraph (3). (3) Beginning in the 2026–27 fiscal year, the chancellor’s office shall submit the report described in paragraph (2) triennially, on or before December 31, and may submit this report with the report required by subdivision (a) of Section 88826.5. (i) It is the intent of the Legislature that, pursuant to funding to be provided in the annual Budget Act, in the 2009–10 academic year, the California Community Colleges should increase the statewide enrollment of full-time equivalent registered nursing students by 450 and, beginning in the 2010–11 academic year and continuing each academic year thereafter, add 900 new full-time equivalent registered nursing students. (Amended by Stats. 2026, Ch. 79, Sec. 17. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.52. Nursing Students [78261 - 78261.5] SECTION 78261.3. Source version: id_dafd7024-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.52. Notwithstanding any other provision of law: (a) Any community college district, irrespective of whether it participates in the program established by this article, may use any diagnostic assessment tool that is commonly used in registered nursing programs and is approved by the chancellor. (b) If, after using an approved diagnostic assessment tool, a community college registered nursing program determines that the number of applicants to that program exceeds its capacity, the program is authorized to use additional multicriteria screening measures. This subdivision does not prohibit or prevent a community college registered nursing program from using an approved diagnostic assessment tool before or during a multicriteria screening process. (c) A community college district may not do either of the following: (1) Exclude an applicant to a registered nursing program on the basis that the applicant is not a resident of that district or has not completed prerequisite courses in that district. (2) Implement policies, procedures, and systems, including, but not limited to, priority registration systems, that have the effect of excluding an applicant or student who is not a resident of that district from a registered nursing program of that district. (Amended by Stats. 2008, Ch. 175, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.52. Nursing Students [78261 - 78261.5] SECTION 78261.5. Source version: id_760a1ad0-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.52. (a) A community college registered nursing program that determines that the number of applicants to that program exceeds its capacity may admit students in accordance with any of the following procedures: (1) Administration of a multicriteria screening process, as authorized by Section 78261.3, in a manner that is consistent with the standards set forth in subdivision (b). (2) A random selection process. (3) A blended combination of random selection and a multicriteria screening process. (b) A community college registered nursing program that elects, on or after January 1, 2008, to use a multicriteria screening process to evaluate applicants pursuant to this article shall apply those measures in accordance with all of the following: (1) The criteria applied in a multicriteria screening process under this article shall include, but shall not be limited to, all of the following: (A) Academic degrees or diplomas, or relevant certificates, held by an applicant. (B) Grade-point average in relevant coursework. (C) Any relevant work or volunteer experience. (D) Life experiences or special circumstances of an applicant, including, but not limited to, the following experiences or circumstances: (i) Disabilities. (ii) Low family income. (iii) First generation of family to attend college. (iv) Need to work. (v) Disadvantaged social or educational environment. (vi) Difficult personal and family situations or circumstances. (vii) Refugee or veteran status. (viii) Living in a medically underserved area or population, as designated by the federal Health Resources and Services Administration. (E) Proficiency or advanced level coursework in languages other than English. Credit for languages other than English shall be received for languages that are identified by the chancellor as high-frequency languages, as based on census data. These languages may include, but are not limited to, any of the following: (i) American Sign Language. (ii) Arabic. (iii) Chinese, including its various dialects. (iv) Farsi. (v) Russian. (vi) Spanish. (vii) Tagalog. (viii) The various languages of the Indian subcontinent and Southeast Asia. (ix) The various languages of the African continent. (2) Additional criteria, such as a personal interview, a personal statement, letter of recommendation, or the number of repetitions of prerequisite classes, or other criteria, as approved by the chancellor, may be used, but are not required. (3) A community college registered nursing program using a multicriteria screening process under this article may use an approved diagnostic assessment tool, in accordance with Section 78261.3, before, during, or after the multicriteria screening process. (4) As used in this section: (A) “Disabilities” has the same meaning as used in Section 2626 of the Unemployment Insurance Code. (B) “Disadvantaged social or educational environment” includes, but is not limited to, the status of a student who has participated in Extended Opportunity Programs and Services (EOPS). (C) “Grade-point average” refers to the same fixed set of required prerequisite courses that all applicants to the nursing program administering the multicriteria screening process are required to complete. (D) “Low family income” shall be measured by a community college registered nursing program in terms of a student’s eligibility for, or receipt of, financial aid under a program that may include, but is not limited to, a fee waiver from the board of governors under Section 76300, the Cal Grant Program under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5, the federal Pell Grant program, or CalWORKs. (E) “Need to work” means that the student is working at least part time while completing academic work that is a prerequisite for admission to the nursing program. (5) A community college registered nursing program that uses a multicriteria screening process pursuant to this article shall report its nursing program admissions policies to the chancellor annually, in writing. The admissions policies reported under this paragraph shall include the weight given to any criteria used by the program, and shall include demographic information relating to the persons admitted to the program and the persons of that group who successfully completed that program. (c) The chancellor is encouraged to develop, and make available to community college registered nursing programs by July 1, 2008, a model admissions process based on this section. (d) (1) The chancellor shall submit a report on or before December 31, 2026, and on or before December 31 triennially thereafter, to the Legislature and the Governor that examines and includes, but is not limited to, both of the following: (A) The participation, retention, and completion rates in community college registered nursing programs of students admitted through a multicriteria screening process, as described in this section, disaggregated by the age, gender, ethnicity, and, if available, the language spoken at the home of those students. (B) Information on the annual impact, if any, the Seymour-Campbell Student Success Act of 2012 had on the matriculation services for students admitted through the multicriteria screening process, as described in this section. (2) The chancellor shall submit the triennial report required in paragraph (1) in conjunction with its triennial report on associate degree nursing programs required by subdivision (h) of Section 78261. (e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date. (Amended by Stats. 2026, Ch. 79, Sec. 18. (SB 135) Effective July 13, 2026. Repealed as of January 1, 2030, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.53. Nursing Resource Centers [78262- 78262.] SECTION 78262. Source version: id_1bb2d0a6-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.53. (a) The Chancellor’s Office of the California Community Colleges shall fund the development of regional nursing resource centers that bring together school, hospital, and faculty needs and availability in a regionalized, online format to help schools match their student clinical needs to available openings, assist hospitals to manage their clinical rotation schedules, and facilitate the filling of vacant nursing faculty positions. (b) The chancellor’s office shall fund regional nursing resource center startup grants to develop clinical placement and clinical faculty resource systems. Each startup grant shall last for no more than 30 months. An applicant for a grant under this article shall do all of the following: (1) Select an entity for managing the grant. (2) Ensure the participation of at least 75 percent of the nursing programs and hospitals in the coverage area. (3) Provide matching funds on a 1:1 basis. (4) Demonstrate the sustainability of the system after the grant terminates. (c) The chancellor’s office shall be responsible for developing a request for funding application from hospital and school regional partnerships seeking grant funds and providing technical assistance to communities for the purpose of developing proposals. (Added by Stats. 2006, Ch. 837, Sec. 20. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] SECTION 78263. Source version: id_12b5b360-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.54. As used in this article, “allied health program” means a community college program that offers certificates or degrees related to allied health professionals, as defined in Section 295p of Title 42 of the United States Code. (Added by Stats. 2024, Ch. 362, Sec. 1. (AB 1891) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Sec. 78263.3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] SECTION 78263.1. Source version: id_8449def2-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.54. (a) A community college allied health program that determines that the number of applicants to that program exceeds its capacity may admit students in accordance with any of the following procedures: (1) Administration of a multicriteria screening process, if authorized by Section 78263.2, in a manner that is consistent with the standards set forth in subdivision (b). (2) A random selection process. (3) A blended combination of random selection and a multicriteria screening process. (b) A community college allied health program that elects to use a multicriteria screening process, including a blended combination of random selection and a multicriteria screening process, to evaluate applicants pursuant to this article shall apply those measures in accordance with all of the following: (1) The criteria applied in a multicriteria screening process under this article shall include, but not be limited to, all of the following criteria: (A) Academic degrees or diplomas, or relevant certificates, held by an applicant. (B) Grade point average in relevant coursework. (C) Any relevant work or volunteer experience. (D) Life experiences or special circumstances of an applicant, including, but not limited to, any, or any combination of, the following experiences or circumstances: (i) Disabilities. (ii) Low family income. (iii) First generation of family to attend college. (iv) Need to work. (v) Disadvantaged social or educational environment. (vi) Difficult personal and family situations or circumstances. (vii) Refugee or veteran status. (viii) Living in a medically underserved area or population, as designated by the federal Health Resources and Services Administration. (E) Proficiency or advanced level coursework in languages other than English. Credit for languages other than English shall be received for languages that are identified by the chancellor as high-frequency languages, as based on census data. These languages may include, but are not limited to, any of the following languages: (i) American Sign Language. (ii) Arabic. (iii) Chinese, including its various dialects. (iv) Farsi. (v) Russian. (vi) Spanish. (vii) Tagalog. (viii) The various languages of the Indian subcontinent and Southeast Asia. (ix) The various languages of the African continent. (2) Additional criteria, such as a personal interview, a personal statement, letter of recommendation, or the number of repetitions of prerequisite classes, or other criteria, as approved by the chancellor, may be used, but are not required. (3) A community college allied health program using a multicriteria screening process under this article may use an approved diagnostic assessment tool, in accordance with Section 78263.2, before, during, or after the multicriteria screening process. (c) A community college allied health program that uses a multicriteria screening process pursuant to this article shall report its allied health program admissions policies to the chancellor annually, in writing. The admissions policies reported under this subdivision shall include the weight given to any criteria used by the program, and shall include demographic information relating to both the persons admitted to the program and the persons of that group who successfully completed that program. (d) The chancellor is encouraged to develop and make available to community college allied health programs by July 1, 2025, a model admissions process based on this section. (e) (1) The chancellor shall submit a report on or before December 31, 2026, and on or before December 31 triennially thereafter, to the Legislature and the Governor that examines and includes, but is not limited to, both of the following: (A) The participation, retention, and completion rates in community college allied health programs of students admitted through a multicriteria screening process, as described in this section, disaggregated by the age, gender, ethnicity, and, if available, the language spoken at the home of those students. (B) Information on the annual impact, if any, the Seymour-Campbell Student Success Act of 2012, established pursuant to Article 1 (commencing with Section 78210), had on the matriculation services for students admitted through the multicriteria screening process, as described in this section. (2) The chancellor may incorporate the triennial report required in paragraph (1) into the triennial report required by subdivision (d) of Section 78261.5. (3) The chancellor shall submit the triennial report required in paragraph (1) in conjunction with its triennial report required by subdivision (h) of Section 78261. (f) For purposes of this section, the following definitions apply: (1) “Disabilities” has the same meaning as used in Section 2626 of the Unemployment Insurance Code. (2) “Disadvantaged social or educational environment” includes, but is not limited to, the status of a student who has participated in Extended Opportunity Programs and Services. (3) “Grade point average” refers to the same fixed set of required prerequisite courses that all applicants to the allied health program administering the multicriteria screening process are required to complete. (4) “Low family income” shall be measured by a community college allied health program in terms of a student’s eligibility for, or receipt of, financial aid under a program that may include, but is not limited to, a fee waiver from the board of governors under Section 76300, the Cal Grant Program under Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5, the federal Pell Grant program, or CalWORKs. (5) “Need to work” means that the student is working at least part time while completing academic work that is a prerequisite for admission to the allied health program. (Amended by Stats. 2026, Ch. 79, Sec. 19. (SB 135) Effective July 13, 2026. Repealed as of January 1, 2030, pursuant to Sec. 78263.3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] SECTION 78263.2. Source version: id_12b5b364-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.54. Notwithstanding any other law: (a) A community college district may use any diagnostic assessment tool that is commonly used in allied health programs and is approved by the chancellor. (b) If, after using an approved diagnostic assessment tool, a community college allied health program determines that the number of applicants to that program exceeds its capacity, the program may use additional multicriteria screening measures. This subdivision does not prohibit or prevent a community college allied health program from using an approved diagnostic assessment tool before or during a multicriteria screening process. (c) A community college district shall not do either of the following: (1) Exclude an applicant to an allied health program on the basis that the applicant is not a resident of that district or has not completed prerequisite courses in that district. (2) Implement policies, procedures, and systems, including, but not limited to, priority registration systems, that have the effect of excluding an applicant or student who is not a resident of that district from an allied health program of that district. (Added by Stats. 2024, Ch. 362, Sec. 1. (AB 1891) Effective January 1, 2025. Repealed as of January 1, 2030, pursuant to Sec. 78263.3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 3.54. Allied Health Programs [78263 - 78263.3] SECTION 78263.3. Source version: id_12b5b366-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=3.54. This article shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2024, Ch. 362, Sec. 1. (AB 1891) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. Repeal affects Article 3.54, commencing with Section 78263.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 4. Aviation [78271- 78271.] SECTION 78271. Source version: id_fa11e3ac-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=4. The State Department of Transportation is authorized to make available to community colleges offering actual flight experience as part of the regular curriculum a basic insurance program and to ensure that adequate supervision and precautionary measures are taken by the flight school operators contracted to provide services for community college students. The governing board of any community college district offering actual flight experience as part of the regular curriculum may participate in the basic insurance program provided by the department, and pay from the funds of the district a pro rata share of the cost of the insurance program. (Amended by Stats. 2005, Ch. 654, Sec. 20. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 4.5. Teacher Preparation Programs [78275- 78275.] SECTION 78275. Source version: id_fe746a26-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=4.5. (a) The Legislature finds and declares all of the following: (1) There is a significant teacher shortage in California and the nation. (2) The teacher shortage is exacerbated by the lack of minority teacher candidates. (3) In California, it is estimated that there will be a shortfall of between 260,000 and 300,000 teachers during the first decade of the 21st century. Nationwide, the teacher shortfall is estimated to be between 2,000,000 and 2,200,000 during that same timeframe. (b) It is, therefore, the intent of the Legislature to create a larger pool of potential teachers in California by establishing a teacher preparation curriculum in the California Community Colleges, expanding financial incentives for community college students who wish to become teachers, and guaranteeing the transfer of students who successfully complete the community college teacher preparation curriculum to appropriate status in teacher preparation programs of the California State University. (Added by Stats. 2001, Ch. 714, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 2. Courses of Study [78210 - 78300] ARTICLE 7. Community Service Classes [78300- 78300.] SECTION 78300. Source version: id_e6e3cdfa-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=2.&article=7. (a) The governing board of a community college district may, without the approval of the board of governors, establish and maintain community service classes in civic, vocational, literacy, health, family and consumer sciences, technical, and general education, including, but not limited to, classes in the fields of visual and performing arts, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics. These classes shall be designed to provide instruction and to contribute to the physical, mental, moral, economic, or civic development of the individuals or groups enrolled in them. (b) Community service classes shall be open for the admission of adults and of those minors who, in the judgment of the governing board, may profit from them. (c) Governing boards shall not expend General Fund moneys to establish and maintain community service classes. Governing boards may charge students enrolled in community service classes a fee not to exceed the cost of maintaining community service classes, or may provide instruction in community service classes for remuneration by contract, or with contributions or donations of individuals or groups. The board of governors shall adopt guidelines defining the acceptable reimbursable costs for which a fee may be charged, and shall collect data and maintain uniform accounting procedures to ensure that General Fund moneys are not used for community service classes. (Amended by Stats. 2020, Ch. 370, Sec. 99. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 3. Adult Schools [78401 - 78402] ARTICLE 1. General Provisions [78401 - 78402] SECTION 78401. Source version: id_edbf2cfc-3b30-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=3.&article=1. (a) The governing board of a community college district may, with the approval of the board of governors, establish and maintain classes for adults for the purpose of providing instruction in civic, vocational, literacy, health, family and consumer sciences, technical, and general education. (b) Classes for adults shall conform to any course of study and graduation requirements otherwise imposed by law or under the authority of law. (c) Classes for adults shall be open for the admission of adults and of any minors who, in the judgment of the governing board, may be qualified for admission to them. (d) The board of governors shall establish standards, including standards of attendance, curriculum, administration, and guidance and counseling service for classes for adults as a basis for the several apportionments of state funds provided for the support of these classes. (e) The governing board of a community college district maintaining an adult school shall prescribe the requirements for the granting of diplomas. (f) Commencing with the 2019–20 fiscal year, the Chancellor’s Office of the California Community Colleges and the State Department of Education shall coordinate so that students enrolled in classes established pursuant to subdivision (a) shall be assigned a statewide student identifier consistent with the identifiers assigned to pupils in K–12 education programs, if the student is not already identified by a social security number in a community college district’s data system. For a student who formerly attended a California public school in kindergarten or any of grades 1 to 12, inclusive, or participated in another adult education program, the same statewide student identifier utilized for that student in the past programs shall be assigned. The chancellor’s office shall collect and maintain the identifiers of adult school students in the Adult Education Program data system. (Amended by Stats. 2020, Ch. 370, Sec. 100. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 3. Adult Schools [78401 - 78402] ARTICLE 1. General Provisions [78401 - 78402] SECTION 78402. Source version: id_23c51204-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=3.&article=1. (a) The chancellor’s office, in conjunction with the department, as part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall jointly develop and issue assessment policy recommendations regarding assessments to be used by school districts and community college districts for purposes of placement in adult education courses offered pursuant to Section 84830 and paragraphs (2) to (6), inclusive, of subdivision (a) of Section 84757. (b) The department and the chancellor’s office, as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall jointly develop and issue policy recommendations to the Legislature regarding a comprehensive accountability system for adult education courses offered pursuant to Section 84830 and paragraphs (2) to (6), inclusive, of subdivision (a) of Section 84757. The department and the chancellor’s office shall develop recommendations for all adult education-funded providers for assessment, evaluation, and data collection to document participant outcomes and placement, and other performance measures they deem appropriate. Accountability measures may include receipt of a secondary school diploma or its recognized equivalent, placement in a postsecondary educational institution, training, and employment. All funded programs shall be required to annually submit demographic and other student-level outcome information to the department or the chancellor’s office, as appropriate. (c) The chancellor’s office, in conjunction with the department, and as a part of the report and recommendations required pursuant to paragraph (1) of subdivision (f) of Section 84830, shall coordinate and issue both of the following: (1) Recommendations, including recommendations as to whether or not fees should be assessed, and fee policy guidelines to be used by school districts and community college districts regarding the authority to charge fees for courses offered pursuant to Section 84830. With respect to these recommendations and guidelines, it is the intent of the Legislature that: (A) Registration and course fees should be equivalent across all programs. (B) Fees should not generate income beyond the cost of providing the courses. (C) Fees should not create a barrier to student access to adult education programs. (2) Recommendations and policy guidelines regarding the use of a single student identifier to be used by school districts and community college districts for purposes of developing a comprehensive accountability system pursuant to the requirements of Section 84830. (d) As used in this section, “department” means the State Department of Education. (Added by Stats. 2014, Ch. 545, Sec. 2. (SB 173) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 7. Instructional Materials [78900 - 78907] ARTICLE 1. Prohibited Acts [78900 - 78907] SECTION 78900. Source version: id_fe78fe1e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=7.&article=1. (a) No publisher or manufacturer of instructional materials, nor any of his or her representatives, shall offer or give any emolument, money, or other valuable thing, or any inducement, to any community college official to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material. (b) No community college official shall accept any emolument, money, or other valuable thing, or any inducement to directly or indirectly introduce, recommend, vote for, or otherwise influence the adoption or purchase of any instructional material. (c) Any publisher or manufacturer of instructional materials or his or her representative, or any community college official who violates any of the provisions of this article is guilty of a misdemeanor. Any community college official who violates this article shall, in addition to any other penalty, be removed from his or her official position. (d) Nothing in this chapter shall be construed to prevent any publisher, manufacturer, or agent from supplying for purposes of examination necessary sample copies of instructional materials to any community college official. (e) Nothing in this chapter shall be construed to prevent a community college official from receiving sample copies of instructional materials. (f) Nothing contained in this chapter shall be construed to prohibit or restrict a community college official from receiving royalties or other compensation from the publisher or manufacturer of instructional materials written, designed, or prepared by the community college official, and adopted or purchased by any governing board, other than compensation paid as a commission to the community college official for negotiating sales to governing boards. No district shall have or claim the right to receive a royalty or other compensation due to any community college official employed by the district unless the instructional material was written or prepared during the normal schoolday during which the community college official is required by the district to be on duty. (Amended by Stats. 1990, Ch. 1372, Sec. 503.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 7. Instructional Materials [78900 - 78907] ARTICLE 1. Prohibited Acts [78900 - 78907] SECTION 78907. Source version: id_fe78fe20-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=7.&article=1. The use by any person, including a student, of any electronic listening or recording device in any classroom without the prior consent of the instructor is prohibited, except as necessary to provide reasonable auxiliary aids and academic adjustments to disabled students. Any person, other than a student, who willfully violates this section shall be guilty of a misdemeanor. Any student violating this section shall be subject to appropriate disciplinary action. This section shall not be construed as affecting the powers, rights, and liabilities arising from the use of electronic listening or recording devices as provided for by any other provision of law. (Amended by Stats. 1990, Ch. 1372, Sec. 509.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 8. College Terms [79020 - 79030] ARTICLE 3. Holidays and Observances [79020 - 79030] SECTION 79020. Source version: id_ea23c0da-c955-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=8.&article=3. Except as otherwise provided, the community colleges shall continue in session or close on specified holidays as follows: (a) The community colleges shall close on January 1, the third Monday in January, commencing in the 1989–90 fiscal year, known as “Dr. Martin Luther King, Jr. Day,” February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” July 4, the first Monday in September known as “Labor Day,” November 11 known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” and December 25. (b) Any contractual provision between any community college district and its employees in effect on the effective date of the act that adds this subdivision shall prevail over any conflict regarding Dr. Martin Luther King, Jr. Day until the termination date of the contract or upon termination by mutual agreement of the parties, whichever occurs first. (c) The Governor in appointing any other day for a public fast, thanksgiving, or holiday may provide whether the community colleges shall close on the day. If the Governor does not provide whether the community colleges shall close, they shall continue in session on all special or limited holidays appointed by the Governor, but shall close on all other days appointed by the Governor for a public fast, thanksgiving, or holiday. (d) (1) The community colleges shall close on every day appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday. (2) For purposes of this subdivision, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. (e) The community colleges shall continue in session on all legal holidays other than those designated by or pursuant to this section, and shall hold proper exercises commemorating the day. (f) When any of the holidays on which the schools would be closed fall on Sunday, the community colleges shall close on the Monday following, except that (1) if Lincoln Day falls on a Sunday, the community colleges may observe this holiday on the preceding or following Friday, the following Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable, or (2) if Lincoln Day falls on a Monday, the community colleges may observe this holiday on the preceding or following Friday, that Monday, or the following Tuesday, and maintain classes on the date specified in subdivision (a) where applicable. (g) When any of the holidays on which the schools would be closed, except Lincoln Day, fall on Saturday, the community colleges shall close on the preceding Friday, and that Friday shall be declared a state holiday. (h) If any holiday on which the community colleges are required to close pursuant to subdivision (a) occurs under federal law on a date different than the date specified in subdivision (a), the governing board of any community college district may close the community colleges of the district on the date recognized by federal law and maintain classes on the date specified in subdivision (a). (i) When Veterans Day would fall on Tuesday, the governing board of a community college district may close the colleges on the preceding Monday, and maintain classes on the date specified in subdivision (a). When Veterans Day would fall on Wednesday, the governing board of a community college district may close the colleges on either the preceding Monday or the following Friday, and maintain classes on the date specified in subdivision (a). When Veterans Day would fall on Thursday, the governing board of a community college district may close the colleges on the following Friday, and maintain classes on the date specified in subdivision (a). (j) When Lincoln Day would fall on Tuesday, the governing board of a community college district may close the colleges on the preceding Monday, the preceding Friday, or the following Friday, and maintain classes on the date specified in subdivision (a) where appropriate. When Lincoln Day would fall on Wednesday, the governing board of a community college district may close the colleges on the preceding Monday, the preceding Friday, or the following Friday, and maintain classes on the date specified in subdivision (a). When Lincoln Day would fall on Thursday, the governing board of a community college district may close the colleges on the preceding Friday or the following Friday, and maintain classes on the date specified in subdivision (a). When Lincoln Day falls on Saturday, the governing board of a community college district may close the colleges on the preceding Friday or the following Friday, and maintain classes on the date specified in subdivision (a) where appropriate. (k) In addition to the holidays specified in subdivision (a), a community college may close on March 31, known as “Cesar Chavez Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. (l) In addition to the holidays specified in subdivision (a), a community college may close on April 24, known as “Genocide Remembrance Day,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” and the fourth Friday in September, known as “Native American Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. (m) In addition to the holidays specified in subdivision (a), Glendale Community College may close on April 24, known as “Genocide Remembrance Day,” if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. (n) Notwithstanding subdivision (a), a community college may replace closing on February 12, Lincoln Day, or the third Monday in February, Washington Day, with the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” if the governing board of the community college district, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to close the community college for that purpose. When Lunar New Year falls on another holiday, the community college shall observe Lunar New Year on a preceding or following weekday. (o) This section shall not be interpreted as authorizing a community college district governing board to maintain community colleges in its district for a lesser number of days during the college year than the minimum established by law. (Amended by Stats. 2025, Ch. 358, Sec. 5. (AB 268) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 8. College Terms [79020 - 79030] ARTICLE 3. Holidays and Observances [79020 - 79030] SECTION 79021. Source version: id_fe7a84c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=8.&article=3. Notwithstanding any other provision of this article, whenever the Governor appoints any other day as a holiday and does not provide for the closing of the community colleges, but the community colleges do close, the closing shall be deemed a closing for a holiday declared by the governing board. (Amended by Stats. 1990, Ch. 1372, Sec. 513.7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 8. College Terms [79020 - 79030] ARTICLE 3. Holidays and Observances [79020 - 79030] SECTION 79030. Source version: id_fe7c0b6a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=8.&article=3. Whenever climatic conditions of a community college district are such as to render it necessary that the colleges be closed as early in the year as possible or opened as late in the year as possible, the governing board of the community college district may maintain classes on any days other than the 25th day of December, the first day of January, the fourth day of July, and any day appointed by the President or the Governor for a public thanksgiving. When classes are maintained on holidays pursuant to this section, proper exercises shall be held commemorating the day. (Amended by Stats. 1981, Ch. 470, Sec. 196.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 1. Child Development Centers [79120 - 79121] SECTION 79120. Source version: id_fe7c0b70-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=1. The governing board of any community college district may establish and maintain a child development center on or near each community college campus pursuant to the provisions of Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 1. Child Development Centers [79120 - 79121] SECTION 79121. Source version: id_fe7c0b72-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=1. (a) Notwithstanding any other provision of law, a child under two years of age whose parent is a student, or whose parents are students, may attend child development centers consistent with the priorities established pursuant to law. (b) Children of students attending school at a particular campus shall have first priority for attendance at a child development center at that campus. (c) Student families, as described in Section 8263, shall pay fees according to the fee schedule established by the Superintendent of Public Instruction pursuant to subdivision (f) of that section. (d) Highest priority shall be given to student families with the greatest income deficit, and lowest priority to student families with the greatest income. (e) For the purposes of assigning eligibility priority, applicant student families shall be grouped according to the amount of their income in one-hundred-dollar ($100) monthly increments. All student families within a particular income range shall be treated as if their incomes were the same, and priority for eligibility within each particular income range shall be assigned on the following basis: (1) Single-parent student families. (2) Two-parent families, where both parents are students or where one parent is a student and the other is working. (f) Student families who are recipients of public assistance shall be subject to the same assignment of priority as other student families whose incomes fall in the same income range. (Amended by Stats. 1995, Ch. 758, Sec. 108. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 10. California Community Colleges Asian American, Native Hawaiian, and Pacific Islander Student Achievement Program [79510 - 79511] SECTION 79510. Source version: id_fa2d70e9-0165-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=10. As used in this article, unless the context requires otherwise, the following definitions apply: (a) “AANHPI” means Asian American, Native Hawaiian, and Pacific Islander. (b) “Community college” means a college of the California Community College system. (c) “Program” means the AANHPI Student Achievement Program established pursuant to this article. (Added by Stats. 2022, Ch. 54, Sec. 34. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 10. California Community Colleges Asian American, Native Hawaiian, and Pacific Islander Student Achievement Program [79510 - 79511] SECTION 79511. Source version: id_e225975b-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=10. (a) (1) The Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Student Achievement Program is hereby established at the California Community Colleges to provide culturally responsive services to enhance student educational experiences and promote higher education success for low-income, underserved, and first-generation AANHPI students and other underrepresented students. (2) It is the intent of the Legislature that the program be coordinated with the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Student Achievement Program established at the California State University pursuant to Article 11 (commencing with Section 89297) of Chapter 2 of Part 55 of Division 8. (b) (1) Of the amount appropriated in the annual Budget Act for the program, up to 19 percent shall be allocated to a community college district to contract with a statewide central office at a nonprofit organization selected by the office of the Chancellor of the California Community Colleges, in consultation with the California Commission on Asian and Pacific Islander American Affairs. The office of the Chancellor of the California Community Colleges, in consultation with the California Commission on Asian and Pacific Islander American Affairs, shall periodically review the selection contract to ensure program alignment and effectiveness. (2) The statewide central office shall employ at least the following full-time staff: (A) One director. (B) One program coordinator. (C) One program analyst. (3) The statewide central office, in consultation with the office of the Chancellor of the California Community Colleges and the California Commission on Asian and Pacific Islander American Affairs, shall develop the criteria and process for a grant program to provide funding to qualifying community colleges, pursuant to subdivision (c). (4) The statewide central office, in consultation with the office of the Chancellor of the California Community Colleges and the California Commission on Asian and Pacific Islander American Affairs, shall establish an AANHPI stakeholder process for purposes of the program to facilitate the statewide central office’s ability to meet the needs of the community, including students and community colleges. Stakeholders shall include higher education practitioners and students. (5) The statewide central office shall provide support to qualifying community colleges, including, but not limited to, technical assistance, outreach, statewide and regional trainings, curriculum development, and capacity building. (6) The statewide central office shall provide an annual report to the office of the Chancellor of the California Community Colleges pursuant to subdivision (d). (7) The statewide central office shall fund an independent evaluation of the program pursuant to subdivision (e). (c) (1) Of the amount appropriated in the annual Budget Act for the program, at least 81 percent shall be provided to community colleges with the following qualifications: (A) The college is eligible for the Asian American and Native American Pacific Islander-Serving Institution program authorized under the federal Higher Education Act (20 U.S.C. Sec. 1059g et seq.). (B) The college has experience providing student support services to AANHPI students and other underserved students. (C) The college has program staff that will coordinate with campus faculty and staff to effectively deliver support services to AANHPI students. (2) Participating colleges shall provide all of the following services: (A) Culturally responsive learning communities. (B) Advising and counseling services. (C) Mental health counseling and awareness services. (D) Career development, career readiness, and employment services. (E) Supplemental instruction and tutoring, such as English language development and support. (F) Asian American, Pacific Islander studies courses and curriculum development. (G) Leadership development, internships, and mentorships. (d) On or before March 31 of each year, the office of the Chancellor of the California Community Colleges shall submit a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature. The report shall be prepared by the statewide central office. The report shall include, but is not limited to, all of the following: (1) The amount of funding allocated to each participating community college. (2) A description of the services provided by each participating community college. (3) The number of students served by each participating community college. (4) The number of low-income, underserved, and first-generation AANHPI students served. (5) The number of students served who meet any of, or any combination of, the following: (A) Completed certifications. (B) Attained associate degrees. (C) Attained associate degrees for transfer. (D) Transferred. (E) Obtained a job upon completion. (e) On or before March 31, 2026, the office of the Chancellor of the California Community Colleges shall submit a report evaluating the program to the Department of Finance and the appropriate fiscal and policy committees of the Legislature. The report shall be prepared by an independent evaluator selected by the office of the Chancellor of the California Community Colleges. The report shall include an assessment of the impact of the program, including a comparison of the impact of the program relative to other support strategies implemented by each participating campus for the same or similar student groups. (Amended by Stats. 2022, Ch. 572, Sec. 9. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 11. The Native American Student Support and Success Program [79520- 79520.] SECTION 79520. Source version: id_4fbb9b94-56c0-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=11. (a) The Native American Student Support and Success Program is hereby established under the administration of the office of the Chancellor of the California Community Colleges to accomplish all of the following: (1) To strengthen K–12 pathways to and through the California Community College system for Native American students, including student transfer to the University of California and the California State University systems. (2) To ensure the educational success of Native American students. (3) To develop Native American leaders. (4) To increase the number of Native American mentors to empower future generations. (b) A grant provided to a community college pursuant to this article is intended to establish a local Native American student support and success program to provide all of the following services to support Native American students: (1) Integration of peer mentorship with other student success services. (2) Development of clearly structured, coherent course-specific cohorts. (3) Building capacity for counseling and wraparound student services offering culturally responsive resources. (4) Development and integration of faculty and staff professional development training. (c) (1) The chancellor’s office may enter into agreements with up to 20 community colleges to provide grants to those participating colleges for the purpose of developing local Native American student support and success programs and delivering the services described in Section 78212 to Native American students. A community college that receives a grant shall consult with California tribes in their service and surrounding area to design their local program. (2) Each local program shall provide the services described in subdivision (b) and may direct financial support to enrolled first-time Native American students before their courses have commenced, and who have completed required matriculation activities as described in paragraph (2) of subdivision (a) of Section 78212, if those services are necessary to enable the student to be successful upon the commencement of the academic term. (3) In addition to the services provided in subdivision (b), the local program may also provide additional services to Native American students, including program outreach and recruitment, program consultation and eligibility verification, career development, basic need service coordination, offering culturally responsive resources, transfer and career counseling, book and supply grants, tutoring, and other related services to ensure the educational success of Native American students. (4) A community college that receives a one-time grant pursuant to this article shall use a portion of the grant to establish a full-time program coordinator and tribal liaison position for the purpose of implementing the services described in this article. The coordinator shall also act as a liaison between the community college and local Native American tribes for the creation and implementation of the program. In hiring this position, preference shall be given to qualified candidates of Native American or Alaska Native heritage in a manner similar to preference provided in the federal Indian Preference Act of 1990. (d) (1) A community college may apply for a program grant by submitting a letter of interest to the chancellor’s office pursuant to this article. An applying community college shall certify that its services provided pursuant to this article to Native American students are coordinated with, and do not supplant, other services provided by the county or state. (2) If the number of requests to participate exceeds the amount of available grant funding for the program, the chancellor’s office shall prioritize awarding grants to community colleges with the highest number of Native American students. Identifying Native American students eligible for the program should be based on state and federal tribal recognition, linear descendancy, and community involvement. A participating community college is encouraged to request additional data to determine the eligibility of student participants and potential student participants from local tribal communities and local educational agencies. (e) (1) A community college that receives a grant pursuant to this article shall annually report to the chancellor’s office, on or before July 1 of each year following receipt of the grant, information, including, but not limited to, all of the following: (A) A summary of services supported with the grant. (B) The number of students supported by services provided with the grant. (C) Academic progress and outcomes of students who received support services provided with the grant, including course completion rates, persistence data, transfer rates, and career placement outcomes. (2) The chancellor’s office shall develop and submit to the Governor and the Legislature, pursuant to Section 9795 of the Government Code, on or before September 1, 2024, on or before September 1, 2027, and on or before September 1, 2030, a report based on the data and information reported by participating community colleges pursuant to paragraph (1) and information on the use of funds made available for the program. (3) A report submitted pursuant to this subdivision shall include information from the academic year immediately preceding the reporting deadline. (f) As used in this section, unless the context requires otherwise, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (2) ”Program” means the Native American Student Support and Success Program established pursuant to this article. (Amended by Stats. 2025, Ch. 9, Sec. 11. (AB 123) Effective June 27, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79140. Source version: id_25ddf8d0-c1b7-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. The Legislature hereby finds and declares as follows: (a) A consensus exists among employment training professionals, economists, and industry experts concerning the serious mismatch that has developed between labor force skills and the needs of employers. (b) Workplace skills training is most effective within a real workplace environment. (c) Private sector industry internship, apprenticeship, and preapprenticeship models successfully focus employment training on a specific job or set of skills, thereby meeting the precise needs of the labor market. (d) Many high-growth industries, such as new media and biotechnology, are particularly suited to worksite-based learning because skills required by those industries involve the use of costly equipment and require continual upgrading. (Amended by Stats. 2018, Ch. 704, Sec. 5. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79144. Source version: id_75a7b132-c1b7-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. For the purposes of this article, the following definitions shall apply: (a) “Apprenticeship program standards” means the written document containing, among other things, all the terms and conditions for the qualification, recruitment, selection, employment and training, working conditions, wages, employee benefits, and other compensation for apprentices and all other provisions and statements, including attachments, as required by the Labor Code and by Chapter 2 (commencing with Section 200) of Division 1 of Title 8 of the California Code of Regulations, which, when approved by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations, shall constitute registration of these standards and authority to conduct that program of apprenticeship in this state. (b) “Apprenticeship training program” means a comprehensive plan containing, among other things, apprenticeship program standards, program regulations, related and supplemental instruction course outlines, and policy statements for the effective administration of that apprenticeship training program, in accordance with Chapter 2 (commencing with Section 200) of Division 1 of Title 8 of the California Code of Regulations. (c) “Internship training program” means a planned series of educational training activities, paid or unpaid, in a specific or general occupational field. (d) “Preapprenticeship program” means a structured plan of training and studies based on industry standards that is designed to prepare individuals with the skills and competencies needed to enter an apprenticeship training program that has been approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (Amended by Stats. 2018, Ch. 704, Sec. 6. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79146. Source version: id_c08ea644-c1b7-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. (a) To the extent sufficient resources exist, the board of governors may establish internship training programs and actively support apprenticeship and preapprenticeship training programs in collaboration with the Division of Apprenticeship Standards of the Department of Industrial Relations. The board of governors may establish internship training programs pursuant to this section for only those occupations not covered by an apprenticeship training program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations before January 1, 1998. (b) Funding allocated pursuant to Sections 79149, 79149.1, and 79149.3 shall exclusively be used for approved apprenticeship training programs and shall not be allocated for the purposes of preapprenticeship. (Amended by Stats. 2018, Ch. 704, Sec. 7. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79148. Source version: id_0b520dc6-c1b8-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. To the extent that sufficient federal funds and other resources are available, the Division of Apprenticeship Standards of the Department of Industrial Relations, in partnership with the California Community Colleges Chancellor’s Office, shall develop and implement innovative apprenticeship and preapprenticeship training demonstration projects in high-growth industries in emerging and transitioning occupations that meet local labor market needs and that are validated by current labor market data. (Amended by Stats. 2018, Ch. 704, Sec. 8. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79148.1. Source version: id_c6b2423e-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. (a) The California Apprenticeship Initiative (CAI) New and Innovative Grant Program is hereby established, under the administration of the Chancellor of the California Community Colleges, to create new and innovative apprenticeship opportunities in priority and emerging industry sectors or areas in which apprenticeship training is not fully established or does not exist. (b) The chancellor shall adopt, as necessary, application procedures, forms, administrative guidelines, and other requirements for purposes of implementing and administering the California Apprenticeship Initiative (CAI) New and Innovative Grant Program. (c) Notwithstanding Section 16304 of the Government Code, funds appropriated for the California Apprenticeship Initiative (CAI) New and Innovative Grant Program shall be available to the chancellor for five fiscal years beginning with the fiscal year upon which the funds are appropriated. (d) The operation of this section is contingent upon an appropriation in the annual Budget Act for purposes of the California Apprenticeship Initiative (CAI) New and Innovative Grant Program. (Added by Stats. 2018, Ch. 33, Sec. 24. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149. Source version: id_562553c8-c1b8-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. (a) The Chancellor of the California Community Colleges shall be responsible for allocating funds for apprenticeship and preapprenticeship programs in good standing and approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code for the community colleges. (b) Upon appropriation by the Legislature, the Chancellor of the California Community Colleges shall allocate funds solely for the purposes of reimbursing community colleges pursuant to Section 79149.3. (Amended by Stats. 2018, Ch. 704, Sec. 9. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149.1. Source version: id_ead20020-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. (a) Attendance of apprentices enrolled in any class offered for community college credit by a community college in collaboration with an apprenticeship program sponsor, pursuant to Section 3074 of the Labor Code, may be reimbursed as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section if such attendance is not reported pursuant to Section 79149.3. Attendance for an apprenticeship class reimbursed as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section shall be reported separately to the Chancellor of the California Community Colleges. (b) Attendance of apprentices reimbursed pursuant to subdivision (a) shall be reimbursed based on the number of hours of instruction provided to indentured apprentices. The attendance hours generated by credit apprenticeship courses shall be funded at the marginal credit rate determined pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section. (c) For purposes of this section, each hour of teaching time may include up to 10 minutes of passing time and breaks. (d) The attendance hours funded pursuant to subdivision (b) shall be allocated by the Chancellor of the California Community Colleges directly to participating community college districts that have a college or colleges that contract with apprenticeship programs pursuant to subdivision (e). (e) Reimbursements may be made under this section for instruction provided to indentured apprentices only if the instruction is provided by a program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations in accordance with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (f) A community college that funds a class for the training of apprentices taught by an apprenticeship instructor other than a community college faculty member shall not claim reimbursement as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section in accordance with subdivision (a) and instead shall claim reimbursement pursuant to Section 79149.3. (g) A community college may limit enrollment in a community college course or course section reimbursed pursuant to this section solely to apprentices if that course or course section is required for those students as a part of a registered apprenticeship program with the Division of Apprenticeship Standards of the Department of Industrial Relations. (h) For each community college receiving reimbursement for apprenticeship hours pursuant to this section, the affected community college district shall report to the Chancellor of the California Community Colleges all of the following information, for each apportionment period: (1) The total number of full-time equivalent students generated by apprentices enrolled in community college apprenticeship courses that are reimbursed pursuant to this section. (2) The total number of hours reimbursed for apprenticeship instruction pursuant to subdivision (b). (3) The total amount of apportionment received for apprenticeship instruction reimbursed pursuant to this section. (i) The Chancellor of the California Community Colleges shall report to the California Apprenticeship Council within 30 days of each apportionment period the following information, for each community college receiving reimbursement for apprenticeship instruction pursuant to this section: (1) The number of apprenticeship instructional hours reported by and reimbursed to the community college as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section. (2) At the final or recalculation apportionment, the hourly rate equivalent of per full-time equivalent student funding paid for instructional hours reimbursed to the community college as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 or its successor section. (3) The information reported to the Chancellor of the California Community Colleges pursuant to subdivision (h). (j) The Board of Governors of the California Community Colleges shall include instructions necessary to enforce this section in the audit report required by Section 84040. The instructions shall include, but not necessarily be limited to, procedures for verifying if the hours for apprenticeship instruction reported to each community college district by each community college receiving reimbursements for apprenticeship hours, pursuant to this section, are eligible for reimbursement pursuant to this section. (k) When a community college contracts with an apprenticeship program sponsor in the building and construction trades, pursuant to subdivision (e), the apprenticeship program sponsor must approve any decision to seek reimbursement for classes pursuant to this section rather than pursuant to Section 79149.3. A community college may not condition its willingness to contract with an apprenticeship program sponsor in the building and construction trades, or to grant community college credit for a class provided by such a program, on whether reimbursement may or will be sought pursuant to this section rather than pursuant to Section 79149.3. (Repealed and added by Stats. 2018, Ch. 33, Sec. 26. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149.2. Source version: id_9c7de71a-c1b8-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. (a) An apprentice or preapprentice attending community college in classes of instruction pursuant to approved standards as provided pursuant to Section 3074 of the Labor Code and in accordance with subdivision (d) of Section 3078 of the Labor Code or as authorized under Section 3100 of the Labor Code, shall be exempt from the requirements of any interdistrict attendance agreement for those classes. (b) A community college shall be exempt from Section 55301 of Title 5 of the California Code of Regulations when establishing an apprenticeship course or program outside the territory of its community college district for nonresidents of that district when the participants in the class are indentured apprentices and the apprenticeship course or program is approved by the Division of Apprenticeship Standards of the Department of Industrial Relations. (Amended by Stats. 2018, Ch. 704, Sec. 10. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149.25. Source version: id_3903636f-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. A student enrolled in a community college class or classes pursuant to an apprenticeship training program or an internship training program who does not have a social security number may use an individual tax identification number for purposes of any background check required by the class or program. A student shall not be denied admission to an apprenticeship or internship training program because the student uses an individual tax identification number pursuant to this section. (Amended by Stats. 2023, Ch. 73, Sec. 1. (SB 467) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149.3. Source version: id_f716ccd0-8185-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. (a) The reimbursement rate for related and supplemental instruction reimbursed pursuant to this article shall be established in the annual Budget Act and the rate shall be commonly applied to all providers of instruction specified in subdivision (e). (b) Attendance of apprentices enrolled in any class maintained by a community college, pursuant to Section 3074 of the Labor Code, shall be reimbursed pursuant to this section only if reported separately to the Chancellor of the California Community Colleges and not reported pursuant to Section 79149.1. Attendance reported pursuant to this section shall be used only for purposes of calculating allowances pursuant to this section. (c) For purposes of this section, each hour of teaching time may include up to 10 minutes of passing time and breaks. (d) This section also applies to isolated apprentices, as defined in Section 3074 of the Labor Code, for which alternative methods of instruction are provided. (e) The Chancellor of the California Community Colleges shall make the reimbursements specified in this section for teaching time provided by community colleges. (f) The hours for related and supplemental instruction derived from funds appropriated pursuant to subdivision (b) of Section 79149 shall be allocated by the Chancellor of the California Community Colleges directly to participating community colleges that contract with apprenticeship programs pursuant to subdivision (g). (g) Reimbursements may be made under this section for related and supplemental instruction provided to indentured apprentices only if the instruction is provided by a program approved by the Division of Apprenticeship Standards of the Department of Industrial Relations in accordance with Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (h) The initial allocation of hours for related and supplemental instruction pursuant to subdivision (f) at the beginning of any fiscal year when multiplied by the hourly rate established in the Budget Act for that year shall equal 100 percent of total appropriation for apprenticeships. The Chancellor of the California Community Colleges shall notify participating community colleges of the initial allocation within 30 days of the enactment of the annual Budget Act. (i) (1) If funds remain from the appropriation pursuant to subdivision (b) of Section 79149, the Chancellor of the California Community Colleges shall reimburse community colleges for unfunded related and supplemental instruction hours from any of the three previous fiscal years, in the following order: (A) Reported related and supplemental instruction hours as described in subdivision (b) of Section 79149.5 that were paid at a rate less than the hourly rate specified in the Budget Act. (B) Reported related and supplemental instruction hours that were not reimbursed. (2) The Chancellor of the California Community Colleges shall notify the California Apprenticeship Council of any reimbursements made pursuant to paragraph (1). (j) The Chancellor of the California Community Colleges shall report to the California Apprenticeship Council within 30 days of each apportionment period the following information for each participating community college: (1) The number of related and supplemental instruction hours allocated to the community college. (2) The number of related and supplemental instruction hours reported by the community college. (3) At the final or recalculation apportionment, the hourly rate paid for related and supplemental instruction hours reported above the community college’s initial allocation of hours for related and supplemental instruction. (k) The Board of Governors of the California Community Colleges shall include instructions necessary to enforce this article in the audit report required by Section 84040. The instructions shall include, but not necessarily be limited to, procedures for verifying if the hours for related and supplemental instruction reported to each community college district by a participating apprenticeship program sponsor, pursuant to this section, are eligible for reimbursement pursuant to this section. (Amended by Stats. 2018, Ch. 33, Sec. 27. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149.4. Source version: id_9bad4f87-e388-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. For purposes of the California Firefighter Joint Apprenticeship Program, a class of related and supplemental instruction that qualifies for funding pursuant to Section 79149.3 includes, but is not necessarily limited to, a class that meets both of the following requirements: (a) The class is conducted at the workplace. (b) The person providing instruction is qualified, by means of education or experience, as a journeyman and shares the responsibility for supervision of the apprentices participating in the classes with the certified community college or adult education coordinator. (Added by Stats. 2013, Ch. 48, Sec. 69. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149.5. Source version: id_181ceea2-8186-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. (a) The Chancellor of the California Community Colleges, in consultation with the Division of Apprenticeship Standards of the Department of Industrial Relations, the California Apprenticeship Council, and the Superintendent, shall annually review the amount of state funding necessary to provide the reimbursements specified in Section 79149.3, and shall include an estimate of required funds in its budget for each fiscal year. (b) If the amounts appropriated in any fiscal year are insufficient to provide full reimbursement, the hourly rate specified in Section 79149 shall be reduced on a pro rata basis only for reported hours that are in excess of the number of hours allocated at the beginning of the fiscal year so that the entire appropriation is allocated. (c) If the amount appropriated is in excess of the amounts needed for full reimbursement pursuant to subdivision (h) of section 79149.3, any excess shall be allocated to community college districts to be used for the purpose of the state general apportionment. (Amended by Stats. 2018, Ch. 33, Sec. 28. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149.6. Source version: id_a5b891bb-e388-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. (a) The Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, in consultation with the Superintendent, shall jointly develop a model format for agreements between apprenticeship programs and community colleges for instruction pursuant to Section 3074 of the Labor Code. (b) By March 14, 2014, the Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, with equal participation by local educational agencies and community college apprenticeship administrators, shall develop common administrative practices and treatment of costs and services, as well as other policies related to apprenticeship programs. Any policies developed pursuant to this subdivision shall become operative upon approval by the California Apprenticeship Council. (Added by Stats. 2013, Ch. 48, Sec. 71. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 3. Industry, Internship, Apprenticeship, and Preapprenticeship Programs [79140 - 79149.7] SECTION 79149.7. Source version: id_4d1073c2-8184-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=3. The Chancellor of the California Community Colleges and the Division of Apprenticeship Standards of the Department of Industrial Relations, in consultation with the California Apprenticeship Council and the Superintendent, shall develop standard reporting protocols applicable to participating community colleges and local educational agencies contracting with apprenticeship program sponsors that include metrics to measure program efficiency and success. For programs contracting with community colleges, the reporting protocols shall include metrics to evaluate the impact of funding-related and supplemental instruction hours with full-time equivalent students pursuant to Section 79149.1 and training of apprentices funded with a noncredit rate pursuant to Section 79149.3. (Added by Stats. 2018, Ch. 33, Sec. 29. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] SECTION 79150. Source version: id_fe7f18c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=4. The Chancellor’s office of the California Community Colleges, in cooperation with the State Department of Social Services and the State Employment Development Department, may enter into agreements with community college districts, which, prior to July 1, 1984, established cooperative agencies resources for education programs, for the purpose of providing additional funds for support services for those programs. Support services shall include, but not be limited to, child care and transportation allowances, books and supplies, counseling, and other related services. (Amended by Stats. 1984, Ch. 547, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] SECTION 79151. Source version: id_fe7f18c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=4. Each community college district specified in Section 79150 may apply for the funds pursuant to this article. Each district shall demonstrate that all existing resources have been exhausted, the number of new welfare recipients who will be served, and the extent of cooperation between the local county welfare department and the State Employment Development Department, the educational opportunity programs and services program, and campus child development programs. (Added by Stats. 1982, Ch. 1029, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] SECTION 79152. Source version: id_fe7f18c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=4. Participants in cooperative agencies resources for education programs shall be at least 18 years of age, be a single head-of-household, be receiving Aid to Families with Dependent Children, and be desirous of completing their high school education or pursuing a job-relevant curriculum. (Added by Stats. 1982, Ch. 1029, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] SECTION 79154. Source version: id_fe809e66-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=4. The Board of Governors of the California Community Colleges, in conjunction with the State Department of Social Services and the State Employment Development Department, shall adopt guidelines for the cooperative agencies resources for education programs. The board of governors shall be responsible for the administration of the funds for the program. (Amended by Stats. 1990, Ch. 1372, Sec. 531.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 4. Cooperative Agencies Resources for Education Program [79150 - 79155] SECTION 79155. Source version: id_fe809e68-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=4. For the 1983–84 fiscal year and each fiscal year thereafter, this article shall be operative only if funds are specifically appropriated for the purposes of the cooperative agencies resources for education programs pursuant to this article. (Amended by Stats. 1990, Ch. 1372, Sec. 532.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79200. Source version: id_867c86b8-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. (a) There is in the California Community Colleges the CalWORKs Recipients Education Program. (b) As used in this article, “CalWORKs recipient” means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code or any successor program. (Amended by Stats. 2014, Ch. 34, Sec. 8. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79201. Source version: id_fe809e6e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. It is the intent of the Legislature in enacting this article to assist CalWORKs recipients prepare for employment. (Added by Stats. 1997, Ch. 270, Sec. 17. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79202. Source version: id_5bd8e15e-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. To the extent that funding is provided in the annual Budget Act, a community college shall receive funding for educational services provided to CalWORKs recipients based on the number of CalWORKs recipients that are enrolled at the community college and the scope and number of programs that the college plans to offer to assist CalWORKs recipients obtain employment. Prior to receiving funding, a community college shall submit to the chancellor a Request for Application which contains a plan for curriculum development or redesign. The plan shall include all of the following: (a) Evidence that the curriculum will prepare students for an occupation that is in demand in the local labor market or that is in an emerging field that has documented employment potential. (b) Participation by the county welfare department to establish that the programs being developed or redesigned will provide CalWORKs recipients with the training and experience necessary to secure employment, including intensive English language proficiency. (c) Evidence of collaboration with local partners, such as employers, private industry councils, regional occupational programs, adult education providers, and affected counties in the development and design of the curriculum. (d) Procedures to monitor CalWORKs recipients who complete the new curricula and transition into employment. (e) A description of new courses for CalWORKs recipients that are designed to aid recipients with job-related advancement. (Amended by Stats. 2004, Ch. 668, Sec. 3. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79203. Source version: id_5c617250-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. To the extent that funding is provided in the annual Budget Act, funds received by a community college for curriculum development or redesign for CalWORKs recipients may be expended for all of the following purposes: (a) To develop or redesign vocational curricula for CalWORKs recipients so that courses may be offered as part of a short-term intensive program, including Open Entry and Open Exit programs, and including intensive English language immersion. (b) To link CalWORKs courses to job placement through work experience and internships. (c) To redesign basic education and ESL classes so that they may be integrated with vocational training programs. (d) To expand the use of telecommunications in providing the new curricula to CalWORKs recipients. (Amended by Stats. 2004, Ch. 668, Sec. 4. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79204. Source version: id_22882594-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. (a) In addition to the funding received pursuant to Section 79202, and to the extent that funding is provided in the annual Budget Act, a community college district shall receive funding for purposes of providing special services for CalWORKs recipients. (b) Special services for CalWORKs recipients shall assist CalWORKs recipient students and those students transitioning off of CalWORKs in achieving long-term self-sufficiency through coordinated student services offered at a community college. Special services may include any of the services funded in accordance with subdivision (e). (c) Services funded pursuant to this section shall be provided only to the following: (1) Current CalWORKs recipients until their initial educational objectives are met. (2) Former CalWORKs recipients for a period of not more than two years, subject to the conditions of Section 79208. (d) Funds received for purposes of this section shall be used to supplement, and not supplant, existing funds and services provided for CalWORKs recipients attending a community college. (e) The chancellor shall develop an equitable method for allocating these funds to all community college districts based on the relative number of CalWORKs recipients in attendance in each district and shall allocate funds for the following purposes: (1) Job placement. (2) Coordination with county welfare offices and other local agencies, including, but not limited to, local workforce investment boards. (3) Child care and workstudy. (4) Instruction. (5) Postemployment skills training and related skills training. (6) Campus-based case management, limited to on-campus assistance and services not provided by county caseworkers that do not supplant other counseling and academic support services funded through existing California Community Colleges categorical programs. (Added by Stats. 2014, Ch. 34, Sec. 9. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79205. Source version: id_28875566-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. (a) Funds allocated pursuant to Section 79204 for the purposes of subsidized child care shall be utilized only for children of CalWORKs recipients through campus-based centers or parental choice vouchers subject to rules consistent with those applied to related programs operated by the State Department of Education, including those rules relating to eligibility, reimbursement rates, and parental contribution schedules. (b) Subsidized campus child care shall be provided to CalWORKs recipients only if they are engaged in welfare-to-work activities pursuant to Section 11320.1 of the Welfare and Institutions Code, through the completion of their initial education and training plan and for up to three months thereafter or until the end of the academic year, whichever period of time is greater. (c) Funds allocated pursuant to Section 79204 for workstudy shall be used for payments to those employers that currently participate in campus-based workstudy programs or are providing work experiences that are directly related to and in furtherance of student educational programs and work participation requirements. Those payments shall not exceed 75 percent of the wage for the workstudy positions, and the employers shall pay at least 25 percent of the wage for the workstudy positions. These funds may be expended on behalf of a CalWORKs recipient only if the recipient’s total hours of education, employment, and workstudy meet the recipient’s obligations as specified in Section 11322.8 of the Welfare and Institutions Code. (Added by Stats. 2014, Ch. 34, Sec. 10. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79206. Source version: id_2e584948-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. (a) Funds allocated pursuant to Section 79204 may be used to provide additional sections of credit or noncredit classes for CalWORKs recipient students if the chancellor determines that a community college district is otherwise unable to offer the additional instructional services to meet the demand for CalWORKs students. (b) The determination described in subdivision (a) shall be based on fall enrollment information and community college districts shall submit applications to the Chancellor of the California Community Colleges by December 1 of each year. (c) If the chancellor approves the use of funds for direct instructional workload pursuant to subdivision (a), the Chancellor of the California Community Colleges shall submit a report to the Department of Finance and the Joint Legislative Budget Committee by February 15 of each year that includes at least all of the following information: (1) The enrollment of new CalWORKs recipient students. (2) An explanation of why additional classes were needed to accommodate the needs of CalWORKs recipient students. (3) An expenditure plan for the balance of these funds. (Added by Stats. 2014, Ch. 34, Sec. 11. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79207. Source version: id_351bda8a-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. (a) As a condition of continued receipt of the funds allocated pursuant to Section 79204, by the fourth week following the end of the semester or quarter term commencing in January of each year, community college districts and colleges shall submit to the Chancellor of the California Community Colleges a report, in the format specified by the chancellor, in consultation with the State Department of Social Services, that includes, but is not limited to, all of the following information: (1) How the moneys received for the funded components of special services, as specified in subdivision (e) of Section 79204, were spent. (2) The number of hours of child care services provided. (3) The average monthly enrollment of CalWORKs recipient dependents served in child care. (4) The number of workstudy hours provided. (5) The hourly salaries and type of jobs in which CalWORKs recipients were placed. (6) The number of students receiving case management. (7) The student participation rates, and other outcome data. (b) It is the intent of the Legislature that, to the extent practicable, reporting from colleges utilize data gathered for federal reporting requirements at the state and local level. (c) The Chancellor of the California Community Colleges shall compile the information received pursuant to subdivision (a) for annual reports to the Legislature, Governor, the Legislative Analyst, the Department of Finance, and the State Department of Social Services, notwithstanding Section 10231.5 of the Government Code, by February 15 of each year. (d) A report to the Legislature pursuant to subdivision (c) shall be submitted pursuant to Section 9795 of the Government Code. (Added by Stats. 2014, Ch. 34, Sec. 12. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79208. Source version: id_3a81897c-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. (a) First priority for expenditures of any funds allocated in Section 79204 shall be for the support of current CalWORKs recipients. (b) If the needs of current CalWORKs recipients are insufficient to fully utilize all of the funding allocated pursuant to Section 79204 in a cost-effective way, the chancellor, in consultation with the State Department of Social Services, may allocate a portion of the funds allocated pursuant to Section 79204 for the purpose of providing postemployment services to former CalWORKs recipients. (c) Prior to an allocation of funds for postemployment services pursuant to subdivision (b), the chancellor shall secure the approval of the Department of Finance for the allocations, complete a cumulative report on the outcomes, activities, and cost-effectiveness of the program of funding specified in Section 79204 no later than February 15 of each year, and provide the rationale and justification for the proposed allocation of funds for postemployment services by community college districts for former CalWORKs recipients. (d) Funds allocated pursuant to subdivision (b) shall be used only for former CalWORKs recipients who have been off of cash assistance for not longer than two years to assist them in upgrading skills, job retention, and advancement, by means of one or more of the following: (1) Direct instruction that cannot be funded by other means. (2) Child care to support attendance in classes consistent with this article for periods commensurate with a student’s need for postemployment training within the two-year period. (3) Job development and placement services. (4) Career counseling and assessment activities that cannot be funded through other programs. (Added by Stats. 2014, Ch. 34, Sec. 13. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 5. CalWORKs Recipients Education Program [79200 - 79209] SECTION 79209. Source version: id_3f3cc79e-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=5. (a) If a community college district is unable to fully expend its share of funds allocated for child care pursuant to Section 79204, it may request that the chancellor approve a reallocation to other CalWORKs purposes authorized by this article, subject to all pertinent limitations and any district match required for those purposes. (b) Funds allocated pursuant to Section 79204 shall be budgeted to meet the state’s Temporary Assistance for Needy Families maintenance of effort requirement pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) and may not be expended in any way that would cause their disqualification as a federally allowable maintenance of effort expenditure. (Added by Stats. 2014, Ch. 34, Sec. 14. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 6. Grants for Worksite-Based Training Programs [79210- 79210.] SECTION 79210. Source version: id_fe822516-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=6. (a) The office of the Chancellor of the California Community Colleges shall award grants to community college districts for the purpose of developing curricula and pilot programs that provide training to licensed nurses, including, but not necessarily limited to, training in the following nursing specialty areas: (1) Critical care. (2) Emergency. (3) Obstetrics. (4) Pediatrics. (5) Neonatal intensive care. (6) Operating room. (b) A grant application shall include all of the following: (1) Demonstration that a shortage of trained nurses in the areas listed in subdivision (a) exists in the region served by the applicant and a description of the manner in which the proposed program would reduce that shortage. (2) Identification of hospital partners that have agreed to participate in the development of curricula and pilot programs. Participation by hospital partners shall include a one-to-one match in the form of any one or combination of the following: (A) Direct financial support. (B) Tuition, fee, or other reimbursement of students. (C) Involvement of salaried nurse mentors, clinical nurse specialists, or other specialty prepared staff. (D) Provision of paid clinical experiences for program participants. (E) Use of equipment for training purposes. (c) The office of the Chancellor of the California Community Colleges shall verify the grant agreement between local community college districts and their hospital partners, including the specific form of the one-to-one matching contribution described in paragraph (2) of subdivision (b). (Added by Stats. 2001, Ch. 514, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79220. Source version: id_9e117767-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. (a) The office of the Chancellor of the California Community Colleges may enter into agreements with community college districts to provide, and allocate to selected community colleges within a community college district, funds for services in support of postsecondary education for foster youth. This program shall be known as NextUp, and shall expand the number of students participating in the Community College Extended Opportunity Programs and Services and shall not displace other students. The funding provided under this article shall be separate and apart from the funding provided under existing cooperative agencies resources for education programs pursuant to Article 4 (commencing with Section 79150). In addition to the delivery of Student Success and Support Program services, as described in Section 78212, services shall include, when appropriate, but not necessarily be limited to, outreach and recruitment, consultation and eligibility verification, consultation and referrals for students deemed ineligible, service coordination, counseling, book and supply grants, tutoring, independent living and financial literacy skills support, frequent in-person contact, career guidance, transfer counseling, childcare and transportation assistance, and referrals to health services, mental health services, housing assistance, and other related services. (b) The program may provide all services specified in subdivision (a), and direct financial support, to enrolled students who meet all eligibility requirements but whose courses have not yet commenced, and who have completed required matriculation activities as described in paragraph (2) of subdivision (a) of Section 78212, if those services are necessary to enable the student to be successful upon the commencement of the academic term. (c) As used in this article, “program” means a NextUp program as may be established under subdivision (a). (Amended by Stats. 2022, Ch. 54, Sec. 29. (AB 183) Effective June 30, 2022. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79221. Source version: id_a77703b9-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. (a) A community college district that wishes to participate in this program shall submit a letter of interest to participate to the board of governors for funding pursuant to this article. An interested community college district shall certify that services provided under this article to eligible youth are coordinated with, and do not supplant, other services provided by the county and state. (b) If the number of requests to participate exceeds the funding made available for the program, the board of governors shall prioritize the apportionment of funding to community colleges based on the number of eligible students and geographical equity. (Amended by Stats. 2022, Ch. 54, Sec. 30. (AB 183) Effective June 30, 2022. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79222. Source version: id_c2a81155-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. A student participant in the program shall meet both of the following requirements: (a) Be a current or former foster youth in California whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday. (b) Be no older than 25 years of age at the commencement of the academic year in which the student first enrolls in the program. (Amended by Stats. 2022, Ch. 572, Sec. 5. (AB 190) Effective September 27, 2022. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79223. Source version: id_cd33a717-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. The board of governors shall adopt regulations that authorize the director of the Community College Extended Opportunity Programs and Services at each community college to accept students who are enrolled in at least nine units into the NextUp program. Students enrolled in fewer than nine units may be accepted into the NextUp program if enrollment is part of an education plan designed to move the student toward subsequent enrollment in at least nine units. (Amended by Stats. 2022, Ch. 572, Sec. 6. (AB 190) Effective September 27, 2022. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79223.5. Source version: id_99e5f57b-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. All current and former foster youth who meet NextUp eligibility criteria specified in Sections 79222 and 79223 are eligible to enroll in the NextUp program and shall not be required to meet additional eligibility requirements as a condition for enrollment in the NextUp program. (Added by Stats. 2022, Ch. 572, Sec. 7. (AB 190) Effective September 27, 2022. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79224. Source version: id_265fa56e-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. It is the intent of the Legislature that, consistent with the requirements and intent outlined in subdivisions (b) and (c) of Section 78215, and to the extent that a participating community college meets the responsibilities outlined in paragraph (2) of subdivision (a) of Section 78212, any student who participates in the program pursuant to this article participate in the program of services outlined in paragraph (2) of subdivision (a) of Section 78212. (Added by Stats. 2014, Ch. 771, Sec. 2. (SB 1023) Effective January 1, 2015. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79225. Source version: id_d7a80b59-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. (a) The board of governors, in consultation with the State Department of Social Services, shall adopt regulations for the program. The board of governors shall be responsible for the administration of funds for the program. To the extent possible, the State Department of Social Services, in consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, and other advocates, shall consult with the chancellor’s office to ensure that services provided under this article to eligible youths are coordinated with, and do not supplant, other services provided by the county and state. (b) Regulations adopted by the board of governors shall ensure that program application and enrollment processes implemented by community college districts are streamlined and do not impose barriers to entry. (Amended by Stats. 2022, Ch. 572, Sec. 8. (AB 190) Effective September 27, 2022. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79226. Source version: id_257c0026-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. Notwithstanding Section 10231.5 of the Government Code, commencing March 31, 2020, and every two years thereafter, the board of governors shall submit a report to the Governor, the education policy committees of the Legislature, and the California Child Welfare Council describing its efforts to serve students who are current and former foster youth. These biennial reports shall also include a review on a campus-by-campus basis of the enrollment, retention, transfer, and completion rates of foster youth, including categorical funding of those programs. The reports shall also include recommendations on whether and how the program under this article can be expanded to all community college districts and campuses. (Amended by Stats. 2017, Ch. 722, Sec. 4. (SB 12) Effective January 1, 2018. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79227. Source version: id_265fcb84-8987-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. This article shall be operative in a fiscal year only if funds have been appropriated for purposes of this article for that fiscal year. (Added by Stats. 2014, Ch. 771, Sec. 2. (SB 1023) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 7. Support Services for Foster Youth Attending Community College [79220 - 79228] SECTION 79228. Source version: id_b862fc1d-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=7. The board of governors may authorize the chancellor, consistent with the requirements the board may impose, to designate up to 1 percent of the funds allocated pursuant to this article for program administration, program development, and program accountability. (Amended by Stats. 2022, Ch. 54, Sec. 32. (AB 183) Effective June 30, 2022. See ongoing operational condition prescribed in Section 79227.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 8. Foster and Kinship Care Education Program [79420- 79420.] SECTION 79420. Source version: id_0090df6e-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=8. Funds appropriated to the Board of Governors of the California Community Colleges for the Foster and Kinship Care Education Program shall be used for resource family education in accordance with the following provisions: (a) The Chancellor of the California Community Colleges shall allocate these funds exclusively for resource family education and training, as specified by the chancellor, in consultation with an advisory committee that includes resource parents, representatives of statewide foster parent organizations, parent and relative/kinship care providers, county child welfare services representatives, and representatives of the State Department of Social Services. (b) If a community college district accepts funds for this program, the district shall comply with all reporting requirements, guidelines, and other conditions for receipt of those funds established by the chancellor. (c) Each college receiving funds for this program shall have a plan, developed in consultation with the county child welfare agency, for resource family education that includes the provision of training to facilitate the development of foster family homes, as defined in Section 56155.5, that care for no more than six children who have special mental, emotional, developmental, or physical needs. (d) The State Department of Social Services shall facilitate the participation of county welfare departments in the Foster and Kinship Care Education Program. (e) For purposes of this section, “resource family” has the same meaning as defined in Section 16519.5 of the Welfare and Institutions Code. (Amended by Stats. 2025, Ch. 74, Sec. 6. (SB 619) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 48. COMMUNITY COLLEGES, EDUCATION PROGRAMS [78015 - 79520] CHAPTER 9. Miscellaneous [79120 - 79520] ARTICLE 9. Advanced Placement Credit [79500- 79500.] SECTION 79500. Source version: id_0ada8a30-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=48.&chapter=9.&article=9. (a) The office of the Chancellor of the California Community Colleges shall, in collaboration with the Academic Senate for California Community Colleges, do both of the following: (1) Commencing January 1, 2017, begin development of, and each community college district subsequently shall begin adoption and implementation of, a uniform policy to award a pupil who passes an Advanced Placement examination course credit for California General Education Transfer Curriculum or local community college general education requirements, as appropriate for the pupil’s needs, in a course with subject matter similar to that of the Advanced Placement examination. (2) Periodically review and adjust the policy adopted pursuant to subdivision (a) to align it with policies of other public postsecondary educational institutions. (b) If the policy to be adopted pursuant to subdivision (a) is not implemented for the entering class in the fall 2017 academic term, the California Community Colleges shall adopt and implement, commencing with the 2017–18 academic year, the Advanced Placement policy adopted by the California State University. (c) Each community college campus shall post on its internet website the most recent policy adopted pursuant to this section. (Amended by Stats. 2025, Ch. 74, Sec. 7. (SB 619) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 1. Location [81003 - 81005] SECTION 81003. Source version: id_fe83abbe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=1. Subject to Section 66904, a community college may build campus facilities on school, local government, or other public property not owned by the community college, if the community college obtains permission from the owner of the public property to do so. (Added by Stats. 1987, Ch. 1059, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 1. Location [81003 - 81005] SECTION 81004. Source version: id_fe83abc0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=1. (a) A community college may develop a public-private partnership for the purpose of constructing education buildings or education centers. The facilities may be constructed on a site donated through the public-private partnership agreement between the community college and the private sector. The construction of any education building or education center is subject to approval by the Board of Governors of the California Community Colleges if the education building or education center is eligible for state funding for construction, equipment, or ongoing maintenance. Community colleges shall not be eligible to receive state funds for off-campus centers unless recommended by the California Postsecondary Education Commission pursuant to Section 66904. (b) (1) If a community college requests state funding for an education building or education center constructed through a public-private partnership, funding for that facility shall not supersede community college facilities that have been previously prioritized by the board of governors and are awaiting state funding. These facilities shall be subject to the board of governors’ annual prioritization process and shall not receive higher priority for state funding solely because the facilities are constructed through a public-private partnership. (2) Any state funding to reimburse a community college for construction of a facility pursuant to this subdivision shall not exceed that community college’s share of costs. (c) A community college may request state funding for instructional equipment for an education building or education center that is constructed through a public-private partnership or that is acquired without state funding. However, funding for that equipment shall be provided in the same manner as for other community college facilities, provided that the construction or acquisition of the facility otherwise would have qualified as a priority project for state funding. (d) On or before January 1, 1999, the board of governors shall adopt regulations to implement this section. However, prior to adopting these regulations, the Chancellor of the California Community Colleges shall consult with the Department of Finance and the Legislative Analyst. (Added by Stats. 1997, Ch. 342, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 1. Location [81003 - 81005] SECTION 81005. Source version: id_999fc1b4-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=1. (a) State funds provided for the capital outlay financing needs of the California Community Colleges may be used to acquire an existing government-owned or privately-owned building and for the necessary costs of converting that building to community college use. A community college district that is eligible for state funding for capital outlay financing may purchase an existing government-owned or privately-owned building and convert it to community college use with state funds if all of the following criteria apply: (1) The building to be purchased was constructed as, and continues to qualify as, a school building pursuant to Article 7 (commencing with Section 81130), or the building is determined to have, or is rehabilitated to an extent that it is determined to have, a pupil safety performance standard that is equivalent to that of a building constructed pursuant to Article 7 (commencing with Section 81130). In making the determination of the pupil safety performance standard as required in this paragraph, all of the requirements of paragraphs (1) and (2) of subdivision (a) of Section 81149 shall be met. (2) The total cost of purchasing and converting the existing building to community college use is not greater than the estimated cost of constructing an equivalent building. (3) The land associated with a building to be purchased will be owned by, or controlled through a long-term lease by, the community college district. As used in this section, “long-term lease” means a lease with a term of at least 50 years. (4) The district has complied with facility site review procedures and guideline recommendations of the California Postsecondary Education Commission pursuant to Section 66904. (b) Funding for a building to be purchased under this section shall not supersede funding for community college facilities that have previously been prioritized by the board of governors and are awaiting state funding. Buildings purchased under this section shall be subject to the annual prioritization process of the board of governors, and shall not receive higher priority for state funding because they are existing buildings rather than buildings proposed to be constructed. (c) A community college district that purchases an existing building under this section may request state funding for instructional equipment. Funding for that instructional equipment shall be provided in accordance with Chapter 4.8 (commencing with Section 84670) of Part 50, provided that the chancellor determines that the purchase of this equipment qualifies as a priority for state funding. (Added by Stats. 2006, Ch. 649, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 2. School Sites [81031 - 81033] SECTION 81031. Source version: id_fe853264-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=2. The board of governors shall establish standards for community college sites. (Amended by Stats. 1981, Ch. 470, Sec. 204.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 2. School Sites [81031 - 81033] SECTION 81033. Source version: id_fe853266-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=2. (a) The governing board of a community college district, prior to acquiring any site on which it proposes to construct any school building as defined in Section 81130.5, shall have the site, or sites, under consideration investigated by competent personnel to ensure that the final site selection is determined by an evaluation of all factors affecting the public interest and is not limited to selection on the basis of raw land cost only. If the prospective college site is located within the boundaries of any special studies zone or within an area designated as geologically hazardous in the safety element of the local general plan as provided in subdivision (g) of Section 65302 of the Government Code, the investigation shall include any geological and soil engineering studies by competent personnel needed to provide an assessment of the nature of the site and potential for earthquake or other geological hazard damage. The geological and soil engineering studies of the site shall be of a nature that will preclude siting of a college in any location where the geological and site characteristics are such that the construction effort required to make the school building safe for occupancy is economically unfeasible. No studies are required to be made if the site or sites under consideration have been the subject of adequate prior studies. The evaluation also shall include location of the site with respect to population, transportation, water supply, waste disposal facilities, utilities, traffic hazards, surface drainage conditions, and other factors affecting the operating costs, as well as the initial costs, of the total project. For the purposes of this article, a special studies zone is an area that is identified as a special studies zone on any map, or maps, compiled by the State Geologist pursuant to Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code. A copy of the report of each investigation conducted pursuant to this section shall be submitted to the board of governors. (b) Geological and soil engineering studies as described in subdivision (a) shall be made, within the boundaries of any special studies zone, for the construction of any school building as defined in Section 81130.5 or, if the estimated cost exceeds twenty thousand dollars ($20,000), for the reconstruction or alteration of or addition to that building for work which alters structural elements. The Department of General Services may require similar geological and soil engineering studies for the construction or alteration of any building on a site located outside of the boundaries of any special studies zone. These studies need not be made if the site under consideration has been the subject of adequate prior studies. No school building shall be constructed, reconstructed, or relocated on the trace of a geological fault along which surface rupture can reasonably be expected to occur within the life of the school building. A copy of the report of each investigation conducted pursuant to this section shall be submitted to the Department of General Services pursuant to Article 7 (commencing with Section 81130) and to the Chancellor’s office of the California Community Colleges. The cost of geological and soil engineering studies and investigations conducted pursuant to this section may be treated as a capital expenditure. (c) To promote the safety of students, comprehensive community planning, and greater educational usefulness of community college sites, the governing board of each community college district, if the proposed site is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site and excluding them if the property is not so located, before acquiring title to property for a new community college site or for an addition to a present site, shall give the board of governors notice in writing of the proposed acquisition and shall submit any information required by the board of governors. Immediately after receiving notice of the proposed acquisition of property which is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site, the board of governors shall notify the Division of Aeronautics of the Department of Transportation, in writing, of the proposed acquisition. The Division of Aeronautics shall make an investigation and report to the board of governors within 30 working days after receipt of the notice. If the Division of Aeronautics is no longer in operation, the board of governors, in lieu of notifying the Division of Aeronautics, shall notify the Federal Aviation Administration or any other appropriate agency, in writing, of the proposed acquisition for the purpose of obtaining from the authority or other agency any information or assistance it may desire to give. The board of governors shall investigate the proposed site and, within 35 working days after receipt of the notice, shall submit to the governing board a written report and its recommendations concerning acquisition of the site. The governing board shall not acquire title to the property until the report of the board of governors has been received. If the report does not favor the acquisition of the property for a community college site or an addition to a present community college site, the governing board shall not acquire title to the property until 30 days after the department’s report is received and until the board of governors’ report has been read at a public hearing duly called after 10 days’ notice published once in a newspaper of general circulation within the community college district, or if there is no such newspaper, then in a newspaper of general circulation within the county in which the property is located. (d) If, with respect to a proposed site located within two miles of an operative airport runway, the report of the board of governors submitted to a community college district governing board under subdivision (c) does not favor the acquisition of the site on the sole or partial basis of the unfavorable recommendation of the Division of Aeronautics of the Department of Transportation, no state agency or officer shall grant, apportion, or allow to that community college district for expenditure in connection with that site, any state funds otherwise made available under any state law whatever for community college site acquisition or college building construction, or for expansion of existing sites and buildings, and no funds of the community college district or of the county in which the district lies shall be expended for those purposes. However, this section shall not be applicable to sites acquired prior to January 1, 1966, or to any additions or extensions to those sites. If the recommendation of the Division of Aeronautics is unfavorable, the recommendation shall not be overruled without the express approval of the board of governors and the State Allocation Board. (e) No action undertaken by the board of governors or by any other state agency or by any political subdivision pursuant to this chapter, or in compliance with this chapter, shall be construed to affect any rights arising under Section 19 of Article I of the California Constitution. (Amended by Stats. 1995, Ch. 758, Sec. 109. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 3. Building Standards [81050 - 81055] SECTION 81050. Source version: id_fe86b90a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=3. “School building,” as used in this article, means any building used, or designed to be used, for community college purposes and constructed by the state, by any city, county, or city and county, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. (Added by Stats. 2003, Ch. 552, Sec. 34. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 3. Building Standards [81050 - 81055] SECTION 81050.5. Source version: id_43f81b4d-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=3. (a) (1) For the purposes of this article, Article 7 (commencing with Section 81130), and Article 8 (commencing with Section 81160), “school building” does not include any building used or intended to be used by a community college district as residential housing. (2) The Department of General Services shall approve plans and specifications for a residence for students attending a campus of a community college upon a request by the community college district, pursuant to Sections 81130 and 81160. (b) As used in this section, “residential housing” means any building used as a personal residence by a teacher or employee of a community college district, with the teacher’s or employee’s family, if applicable, and any building used as a residence for students attending a campus of a community college district. (Amended by Stats. 2023, Ch. 83, Sec. 1. (AB 358) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 3. Building Standards [81050 - 81055] SECTION 81051. Source version: id_fe86b90c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=3. (a) Each school building that has been placed on the National Register of Historic Places, and to be used for community college purposes, shall be renovated according to the Field Act, as defined in Section 81130.3. If subdivision (b) applies, that building may be renovated according to the regulations adopted by the State Architect pursuant to subdivision (d) of Section 17280.5. (b) The governing board of a community college district that proposes to renovate, pursuant to this section, a school building that does not comply with the Field Act shall hold a public hearing, after giving appropriate public notice, for the purpose of gaining public input on the matter. The governing board shall adopt its decision on this proposal at a public hearing. (Added by Stats. 2003, Ch. 552, Sec. 34. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 3. Building Standards [81050 - 81055] SECTION 81052. Source version: id_78f13bbd-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=3. Each school building constructed, reconstructed, modified, or expanded after July 1, 2006, on a community college campus shall be built according to the Field Act, as defined in Section 81130.3, or according to the California Building Standards Code, as adopted by the California Building Standards Commission. (Added by Stats. 2006, Ch. 35, Sec. 14. Effective May 20, 2006. Operative after November 7, 2006 (Prop. 1D was adopted) by Sec. 25 of Ch. 35.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 3. Building Standards [81050 - 81055] SECTION 81053. Source version: id_dc1ac706-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=3. (a) To ensure that community college districts are able to effectively exercise the option of utilizing the Field Act or the California Building Standards Code, as provided in Section 81052, and construct buildings safely, cost effectively, and in a timely manner, the Department of General Services shall develop and submit, in consultation with the Board of Governors of the California Community Colleges, by June 1, 2009, to the California Building Standards Commission proposed building standards for adoption as part of the California Building Standards Code that will govern the construction, reconstruction, modification, or expansion of school buildings of a community college district as provided in Section 81052, if the community college district elects not to utilize the Field Act. The Department of General Services shall review and include, where appropriate, in these standards the standards that govern the California State University. The proposed building standards shall provide for independent plan review and oversight to be performed by the Department of General Services. The standards shall become effective 30 days after adoption by the California Building Standards Commission. (b) The Department of General Services shall be responsible for plan reviews consistent with Section 81133. (Added by Stats. 2008, Ch. 704, Sec. 2. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 3. Building Standards [81050 - 81055] SECTION 81054. Source version: id_dcb950f8-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=3. (a) The Legislative Analyst’s Office (LAO) shall undertake a fact-based analysis of the length of time the Department of General Services and the community colleges take to perform their respective functions to complete community college construction and alteration projects. This information shall be compiled in a report made available to the Legislature and the Governor by March 1, 2009. (b) Following the issuance of the report described in subdivision (a), the Department of General Services shall convene a working group advisory committee consisting of a representative from the Department of General Services, the Board of Governors of the California Community Colleges, the Associated General Contractors of California, and the Professional Engineers in California Government. The working group shall analyze the report and the current process to complete community college construction and alteration projects and develop recommendations for changes, if any, in the project development and review process to ensure the public safety of community college facilities through a collaborative, consistent, cost-effective, and timely project development and review process. The recommendations shall include proposed timeframe goals for the performance of each specific task performed by the Department of General Services and by private design professionals performing services for a community college district and an assessment of the staffing and other resource needs of the Department of General Services to perform its tasks related to the construction or alteration of community college facilities. The recommendations shall be submitted in writing to the Department of General Services, working group members, the Senate and Assembly Committees on Appropriations, the Senate Committee on Education, the Assembly Committee on Higher Education, and the education budget subcommittees of the Assembly and Senate by December 31, 2009. (Added by Stats. 2008, Ch. 704, Sec. 3. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 3. Building Standards [81050 - 81055] SECTION 81055. Source version: id_e4e7c152-c952-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=3. (a) For purposes of this section, the following definitions apply: (1) “Affordable rent” means an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (2) “Extremely low income faculty or staff” means an employee of the California Community Colleges who satisfies the requirements of Section 50106 of the Health and Safety Code. (3) “Lower income faculty or staff” means an employee of the California Community Colleges who satisfies the requirements of Section 50079.5 of the Health and Safety Code. (4) “Satellite campus” means an auxiliary classroom or a teaching site not a part of the main campus. (5) “University housing development project” has the same meaning as set forth in Section 21080.58 of the Public Resources Code. (b) Notwithstanding any other law, a community college district is not required to comply with the zoning ordinances of a city, county, or city and county for a university housing development project constructed on property owned or leased by a community college district, if the parcel on which the project will be constructed meets either of the following requirements: (1) The parcel is contained either wholly or partially within a one-half mile radius of a main campus, as defined in Section 94849. (2) The parcel is contained either wholly or partially within a one-half mile radius of a satellite campus that existed before July 1, 2025. (c) If the university housing development project includes units for faculty and staff, the community college district shall ensure that a portion of the units are made available at affordable rents to extremely low income faculty and staff and to lower income faculty and staff. (Added by Stats. 2025, Ch. 378, Sec. 1. (AB 648) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81130. Source version: id_fe86b910-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) The Department of General Services under the police power of the state shall supervise the design and construction of any school building or the reconstruction or alteration of, or addition to, any school building, if not exempted under Section 81133, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. Nothing in this section shall be construed to allow a community college district to perform work with its own forces in excess of the limitations set forth in Article 41 (commencing with Section 20650) of Part 3 of Division 2 of the Public Contract Code. (b) Whenever repairs due to fire damage must be made to any school building previously approved by the Department of General Services, the approved plans and specifications used in the original work under then existing rules, regulations, and building standards may be used without modification, providing all other provisions of this article are carried out. (Amended by Stats. 1997, Ch. 390, Sec. 3. Effective August 27, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81130.3. Source version: id_79398f5f-2183-11dc-895b-8dd8c508e1c1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. This article, together with Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 3 of Part 10.5 and Article 3 (commencing with Section 81050), shall be known and may be cited as the “Field Act.” (Amended by Stats. 2006, Ch. 35, Sec. 15. Effective May 20, 2006. Operative after November 7, 2006 (Prop. 1D was adopted) by Sec. 25 of Ch. 35.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81130.5. Source version: id_709706b1-a344-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) This article does not apply to an offsite building during the time the building is used wholly or in part for community college purposes, if the building is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase that building. For the purposes of this section, an “offsite building” is a building that is situated on land that is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. (b) “School building,” as used in this article, means and includes any building used, or designed to be used, for community college purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, by any political subdivision, by any district of any kind within the state, by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. (c) Where the primary use of either a building or complex within which the building is situated, operated by an official or board of a city, city and county, or county, or by a nonprofit foundation for a building or complex located on land owned by the United States, is for purposes other than educational, such as, but not necessarily limited to, correctional, forestry, or hospital purposes, the building shall not be considered to be a “school building” as defined in this section, notwithstanding any educational use thereof incidental to the primary purpose. (d) For the purposes of this article and Article 8 (commencing with Section 81160), “school building” does not include any of the following: (1) Any building of a community college district that is used solely for classes or programs in outdoor science, conservation, and forestry and that does not occupy, in whole or in part, the same parcel of land upon which there is situated any school maintained by the district. (2) Agricultural facilities that were not built for classroom purposes and that are used primarily for plant and animal production or the storage of materials, equipment, and supplies involved in that production. (3) Animal kennels and facilities used to house animals as part of an animal health instruction program. (e) “Construction or alteration,” as used in this article, includes any construction, reconstruction, or alteration of, or addition to, any school building. (Amended by Stats. 2019, Ch. 53, Sec. 22. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81130.6. Source version: id_fe883fb6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) It is the intent of the Legislature to expedite the repair, alteration, and reconstruction of community college facilities that have been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disasters, to return those community college facilities to a condition that makes them useful to community college districts in the least amount of time and at the lowest appropriate cost while maintaining the integrity and safety of the structure as required by the laws of this state. (b) Notwithstanding any other law, if a community college has been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disaster, all reviews or approvals required by this article shall be expedited. In no event shall any review or approval exceed 60 days, excluding weekends and holidays, from the date of receipt of all complete plans, specifications, and documentation for the facilities from the district. (c) If, upon review, the plans or specifications require minor amendment or modification, these minor amendments or modifications shall not delay the completion of the review or approval beyond the 60-day requirement specified in subdivision (b) unless the amendment or modification constitutes a major substantive change affecting the entire project. While any minor amendments or modifications are being undertaken, the remainder of the project shall continue under review so that a timely and adequate review may be completed within the 60-day requirement of subdivision (b). (d) A state agency that is required to perform any review or approval under this article may hire additional personnel or incur any additional costs necessary to perform the review or approval within the time limits set forth in this section and shall charge the district a fee not to exceed the actual cost of the review or approval. (e) As used in this section, “damaged” means damages to the extent that occupancy is precluded based upon a report of an architect or a structural engineer and the concurrence of the Department of General Services in the report’s conclusion that the occupancy of the premises is precluded. (f) The expedited review and approval required by this section shall not apply if the documents are not submitted within six months of the damage to, or destruction of, the facilities. (Added by Stats. 1995, 1st Ex. Sess., Ch. 7, Sec. 2. Effective October 10, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81133. Source version: id_4c3436c1-602b-11e7-ba05-857c2c4aa19b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) The Department of General Services shall pass upon, and approve or reject, all plans for the construction or, if the estimated cost exceeds one hundred thousand dollars ($100,000), the alteration of any school building. To enable it to do so, the governing board of each community college district and any other school authority before adopting any plans for the school building shall submit the plans to the Department of General Services for approval, and shall pay the fees prescribed in this article. (b) Notwithstanding subdivision (a), where the estimated cost of reconstruction or alteration of, or addition to, a school building exceeds one hundred thousand dollars ($100,000), but does not exceed two hundred twenty-five thousand dollars ($225,000), a licensed structural engineer shall examine the proposed project to determine if it is a nonstructural alteration or a structural alteration. If he or she determines that the project is a nonstructural alteration, he or she shall prepare a statement so indicating. If he or she determines that the project is structural, he or she shall prepare plans and specifications for the project, which shall be submitted to the Department of General Services for review and approval. A copy of the engineer’s report stating that the work does not affect structural elements shall be filed with the Department of General Services. (c) If a licensed structural engineer submits a report to the Department of General Services stating that the plans or activities authorized pursuant to subdivision (b) do not involve structural elements, then all of the following shall apply to that project: (1) The design professional in responsible charge of the project undertaken pursuant to this subdivision shall certify that the plans and specifications for the project meet any applicable fire and life safety standards, and do not affect the disabled access requirements of Section 4450 of the Government Code, and shall submit this certification to the Department of General Services. The letter of certification shall bear the identifying licensing stamp or seal of the design professional. This paragraph does not preclude a design professional from submitting plans and specifications to the Department of General Services along with the appropriate fee for review. (2) Within 10 days of the completion of any project authorized pursuant to subdivision (b), the school construction inspector of record on the project, who is certified by the Department of General Services to inspect school buildings, shall certify in writing to the Department of General Services that the reconstruction, alteration, or addition has been completed in compliance with the plans and specifications. (3) The dollar amounts cited in this section shall be increased on an annual basis, commencing January 1, 2018, by the Department of General Services according to an inflationary index governing construction costs that is selected and recognized by the Department of General Services. (4) No community college district shall subdivide a project for the purpose of evading the limitation on amounts cited in this section. (5) Before letting any contract for any construction or alteration of any school building, the written approval of the plans, as to safety of design and construction, by the Department of General Services, shall first be had and obtained. (6) In each case the application for approval of the plans shall be accompanied by the plans and full, complete, and accurate specifications, and structural design computations, and estimates of cost, which shall comply in every respect with any and all requirements prescribed by the Department of General Services. (7) (A) The application shall be accompanied by a filing fee in amounts as determined by the Department of General Services based on the estimated cost according to the following schedule: (i) For the first one million dollars ($1,000,000), a fee of not more than 1.25 percent of the estimated cost. (ii) For all costs in excess of one million dollars ($1,000,000), a fee of not more than 1 percent of the estimated cost. (B) The minimum fee in any case shall be two hundred fifty dollars ($250). If the actual cost exceeds the estimated cost by more than 5 percent, a further fee shall be paid to the Department of General Services, based on the fee schedule pursuant to clauses (i) and (ii) of subparagraph (A) or subparagraph (B) of paragraph (8), as applicable, and computed on the amount by which the actual cost exceeds the amount of the estimated cost. (8) (A) All fees collected under this article shall be paid into the State Treasury and credited to the Public School Planning, Design, and Construction Review Revolving Fund, and are continuously appropriated, without regard to fiscal years, for the use of the Department of General Services, subject to approval of the Department of Finance, in carrying out this article. (B) Adjustments in the amounts of the fees, as determined by the Department of General Services and approved by the Department of Finance, shall be made in order to maintain a reasonable working balance in the fund, provided that the fees shall not exceed the amounts in the fee schedule specified in paragraph (7). If the working fund balance exceeds six months’ expenditures, the Department of General Services shall take action to reduce the fees. (9) No contract for the construction or alteration of any school building, made or executed by the governing board of any community college district or other public board, body, or officer otherwise vested with authority to make or execute this contract, is valid, and no public money shall be paid for any work done under this contract or for any labor or materials furnished in constructing or altering the building, unless the plans, specifications, and estimates comply in every particular with the provisions of this article and the requirements prescribed by the Department of General Services and unless the approval thereof in writing has first been had and obtained from the Department of General Services. (d) For purposes of this section, “design professional in responsible charge” or “design professional” means the licensed architect, licensed structural engineer, or licensed civil engineer who is responsible for the completion of the design work involved with the project. (Amended by Stats. 2017, Ch. 19, Sec. 5. (AB 111) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81133.1. Source version: id_5d7e0693-602b-11e7-ba05-857c2c4aa19b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) The Legislature finds and declares all of the following: (1) The purpose of the collaborative process for project development and review is to ensure the public safety of community college facilities through a collaborative, consistent and timely project development and review process. (2) The collaborative process for project development and review may be made available, as an alternative to the traditional plan review and approval process, to community college districts that voluntarily apply to the Department of General Services. (3) This process entails the early participation of all parties involved in a project from project development and continuing through plan review, construction and certification of community college facilities projects. These parties include, but are not limited to, the Department of General Services’ staff and their qualified plan review firms, and community college districts and their design professionals. (b) In consultation with the Board of Governors of the California Community Colleges, the Department of General Services shall establish procedures and requirements governing the use of the collaborative process for project development and review alternative. These procedures and requirements shall include an application and selection process. Upon project selection, the Department of General Services and the community college district shall mutually agree to the roles and responsibilities of the Department of General Services, the applicant community college district, and its design professionals. (c) As a part of the establishment of the requirements for the collaborative process for project development and review, the Department of General Services, in consultation with participating community college districts, shall establish mutually determined timeframe goals for a project’s plan review, community college district and consultant response, response review, and final approval. Those timeframe goals shall reflect the project’s estimated construction cost, complexity, size, and other requirements of the collaborative process for project development and review. (d) The Department of General Services shall establish model statewide timeframe goals, in consultation with community college districts and other relevant parties, by February 1, 2007. Implementation of the collaborative process for project development and review with participating community college districts shall not negatively impact the traditional plan review process with other community college districts. (e) The Department of General Services shall submit a preliminary report to the Legislature by July 1, 2008, and a final report by July 1, 2009. These reports shall address whether the implementation of the collaborative process for project development and review has assisted the department and community college districts in meeting their mutually determined timeframe goals. (f) The application for the collaborative process for project development and review shall be accompanied by a filing fee from the community college district in amounts determined by the Department of General Services pursuant to Section 81133. The Department of General Services may establish a procedure for the payment and collection of this filing fee. (g) The Department of General Services may assess a fee on a participating community college district to cover the unreimbursed costs of the department incurred pursuant to that community college district’s participation in the collaborative process if the department deems the assessment of the fee to be necessary for the support of its operations and establishes a procedure for the determination, collection, and deposit of the fee. (h) During project development, the community college district may provide input to the Department of General Services in its selection of a qualified plan review firm to provide consultative services to that department. Upon project submittal by the applicant community college district, the Department of General Services may also refer the necessary project documents to the selected qualified plan review firm for plan review. The Department of General Services may establish procedures governing the use of this section by applicant community college districts for the selection of a qualified plan review firm. (Amended by Stats. 2017, Ch. 19, Sec. 6. (AB 111) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81133.2. Source version: id_9a873b8a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) The Department of General Services shall provide training, on an ongoing basis, to its employees and to the employees of architectural and structural engineering firms that contract with the department for the purposes of this chapter. The training shall address all phases of the plan review process established under this chapter, and shall be designed to ensure that all individuals who develop and review college building plans obtain sufficient knowledge of the rules, regulations, and standards that apply under this chapter. (b) The department shall make the training described in subdivision (a) available to the employees of architectural and structural engineering firms that contract with applicant community college districts for the purpose of this chapter, and to any other individuals, firms, and governmental agencies that are involved in college building design, construction, or inspection, and that may benefit from the training. (c) The department may charge a fee for training provided pursuant to this subdivision. (Added by Stats. 2006, Ch. 407, Sec. 6. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81133.5. Source version: id_2f815a7c-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) Notwithstanding any provision of law to the contrary, including, but not limited to, Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, the Department of General Services may issue a stop work order when construction work on a community college is not being performed in accordance with existing law and would compromise the structural integrity of the building, thereby endangering the public safety. The Department of General Services shall allow construction of incidental and minor nonstructural additions or nonstructural alterations without invoking its stop work authority. (b) A community college district or other public board, body, or officer whose construction work on a community college is subject to a stop work order issued pursuant to subdivision (a) shall not be held liable in any action filed against the public board, body, or officer for stopping work as required by the stop work order, or for any delays caused by compliance with the stop work order, except to the extent that an error or omission by the public board, body, or officer is that basis for the issuance of the stop work order. (Amended by Stats. 2010, Ch. 697, Sec. 28. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81134. Source version: id_9ad24e4c-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) The Department of General Services shall establish one or more methods to ensure that each application has been completed sufficiently by the applicant to enable the plan review to be performed. (b) Upon receipt of a complete application, the Department of General Services shall inform the applicant of the period of time that it anticipates to elapse prior to commencing review of the applicant’s plans. Within 10 days of being so notified, the applicant shall make an election to either use the Department of General Services for the review of the applicant’s plans or, request that the plan review be performed by one or more qualified plan review firms pursuant to Sections 81135 and 81136. If the applicant elects to use the services of the Department of General Services for review of the applicant’s plans, the department, as it deems necessary to expedite review of the applicant’s plans, in addition to making a good faith effort to hire state employees, shall do one or more of the following: (1) Contract for assistance from one or more qualified plan review firms pursuant to Sections 81135 and 81136. (2) Employ additional staff on a temporary basis. (3) Maximize the use of department staff through the use of overtime or other appropriate means. (4) Any other action determined by the department to have the effect of expediting the review and approval process. (c) Each application shall identify, for purposes of receiving the notifications required under this subdivision, an employee of the applicant community college district and either the applicant’s architect or structural engineer. The Department of General Services immediately shall notify that employee, and the identified architect or structural engineer, when each of the following steps in the plan review process occurs: (1) The department requests the applicant’s architect or structural engineer to correct or complete any part of the application. (2) An application number is assigned to the application. (3) Review of the applicant’s plans is commenced. (4) Review of the applicant’s plans is completed and the department returns the plans to the architect or structural engineer for correction. (5) Corrected plans are returned to the department by the applicant’s architect or structural engineer for final review and approval. (6) The department approves the plans and causes a final record set of the plans to be printed in accordance with Section 17304. (d) The Department of General Services may provide additional notifications to applicants as it deems necessary. (Amended by Stats. 2006, Ch. 407, Sec. 6.5. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81135. Source version: id_9b1f35ce-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) Unless the context otherwise requires, the definitions set forth in this section govern the construction of this article. (1) “Prequalified list” means a list of qualified firms established by the Department of General Services to perform specific types of plan review services. (2) “Qualified plan review firm” means an individual, firm, or the building official of a city, county, or city and county, as defined in Section 18949.27 of the Health and Safety Code, or the authorized representative of that building official that is identified by the Department of General Services as having appropriate expertise and knowledge of the requirements that apply to school buildings under this article. (b) The department shall establish and maintain a list of qualified plan review firms, and shall make that list available, upon request, to community college districts and other interested parties. (c) Notwithstanding Section 14952 of the Government Code, the Department of General Services shall contract with sufficient numbers of qualified plan review firms for assistance in performing the plan review required under the Field Act. (d) At the discretion of the Department of General Services, contracts for a qualified plan review firm made pursuant to this article may be advertised and awarded in accordance with this section. (e) (1) The Department of General Services may establish prequalified lists of qualified firms in accordance with this subdivision. (2) (A) For each type of plan review for which the department elects to use the process established by this section for advertising and awarding contracts, the Department of General Services may request statements of qualifications from interested firms. (B) The request for statements of qualifications shall be announced statewide through the California State Contracts Register and publications of relevant professional societies. (C) Each announcement shall describe the general scope of services to be provided within each generic project category for plan review services that the Department of General Services anticipates may be awarded during the period covered by the announcement. For the purposes of this section, a generic project category shall be defined in a manner that each specific project to be awarded within a respective discipline meets all of the following requirements: (i) The project is substantially similar to all other projects within that discipline. (ii) The project is within the same size range and geographical area. (iii) The project requires substantially similar skills and magnitude of professional effort as compared to every other project within that discipline. (3) The Department of General Services shall evaluate the statements of qualifications, and develop a list of qualified plan review firms that meet the criteria established and published by the Department of General Services. Interviews may be held to determine a firm’s qualifications. Lists of qualified plan review firms shall be maintained by the Department of General Services for not more than four years. (4) During the term of a prequalified list, as specific projects are identified by the Department of General Services as being eligible for contracting, the Department of General Services shall contact a firm on the prequalified list, on a rotational basis, for both of the following purposes: (A) To distribute the work in a fair and equitable manner. (B) To determine that the firm has sufficient staff and is available for performance of the project. (5) If the contacted firm is not available, the Department of General Services shall continue to contact firms on the prequalified list, on a rotational basis, until an available firm is identified. (6) The Department of General Services shall negotiate a contract for the services with the identified firm, including a price and timeframe that it determines is fair and reasonable. (7) If the identified plan review firm is unable to negotiate a satisfactory contract with the Department of General Services, the department shall terminate negotiations, and shall undertake negotiations, on a rotational basis, with the next firm available for performance from the prequalified list until a successful negotiation is achieved. If the Department of General Services is unable to negotiate a satisfactory contract with a firm on two separate occasions, that firm may be removed from the prequalified list. (f) Contracts for plan review services that the Department of General Services elects to advertise and award in accordance with this section are not subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Amended by Stats. 2006, Ch. 407, Sec. 7. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81136. Source version: id_fe89c660-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) Upon submitting a complete application for review under this article, the applicant may request that the Department of General Services refer the documents necessary for the review of that application to a qualified plan review firm operating under contract with the department pursuant to Section 81135. The department immediately shall grant the request and refer the necessary documents to a qualified plan review firm if the applicant so requests. Upon completing the review, the qualified plan review firm shall submit the documents referred to it for the review of the application, together with the results of its review, to the Department of General Services. (b) The Department of General Services shall establish a procedure governing the use by applicants of the review process alternative described in this section, including, but not limited to, provisions restricting the use of qualified plan review firms on the basis of conflict of interest. (Added by Stats. 1998, Ch. 407, Sec. 15. Effective August 27, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81138. Source version: id_fe89c662-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) Except as provided in subdivision (b), all plans, specifications, and estimates shall be prepared by a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code or by a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and the observation of the work of construction shall be under the responsible charge of such an architect or structural engineer. (b) For the purposes of this section, a mechanical or electrical engineer holding a valid certificate under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code may be in responsible charge of preparation of plans, specifications, and estimates, and observation of the work of construction where the work is, as determined by the Department of General Services, of the kind normally performed by engineers certified in the particular branch of engineering for which the engineer is certified. Any architectural or structural work involved shall be the respective responsibility of a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (Amended by Stats. 1982, Ch. 735, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81141. Source version: id_fe8b4d04-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. From time to time, as the work of construction or alteration progresses and whenever the Department of General Services requires, the licensed architect or structural engineer in charge of observation of construction or registered engineer in charge of observation of other work, the inspector on the work, and the contractor shall each make to the Department of General Services a report, duly verified by him or her, upon a form prescribed by the Department of General Services, based upon his or her own personal knowledge, indicating that the work during the period covered by the report has been performed and materials have been used and installed, in every material respect, in compliance with the approved plans and specifications, setting forth detailed statements of fact that are required by the Department of General Services. “Personal knowledge,” as used in this section and as applied to the architect and the registered engineer, means the personal knowledge that is obtained from periodic visits to the project site of reasonable frequency for the purpose of general observation of the work, and also that is obtained from the reporting of others as to the progress of the work, testing of materials, inspection and superintendence of the work that is performed between the above-mentioned periodic visits of the architect or the registered engineer. The exercise of reasonable diligence to obtain the facts is required. “Personal knowledge,” as applied to the inspector, means the actual personal knowledge that is obtained from his or her personal, continuous inspection of the work of construction in all stages of its progress at the site where he or she is responsible for inspection and, when work is carried out away from the site, personal knowledge that is obtained from the reporting of others on the testing or inspection of materials and workmanship for compliance with plans, specifications, or applicable standards. The exercise of reasonable diligence to obtain the facts is required. “Personal knowledge,” as applied to the contractor, means the personal knowledge that is obtained from the construction of the building. The exercise of reasonable diligence to obtain the facts is required. (Amended by Stats. 1995, Ch. 758, Sec. 111. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81142. Source version: id_fe8b4d06-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. Except as provided in Section 18930 of the Health and Safety Code, the Department of General Services may from time to time make such rules and regulations as it deems necessary, proper, or suitable to carry out the provisions of this article. The Department of General Services shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code for the purposes described in this article. (Amended by Stats. 1979, Ch. 1152.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81143. Source version: id_fe8b4d08-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. The State Department of General Services shall make such inspection of the school buildings and of the work of construction or alteration as in its judgment is necessary or proper for the enforcement of this article and the protection of the safety of the students, the instructors, and the public. The community college district, city, city and county, or the political subdivision within the jurisdiction of which any school building is constructed or altered shall provide for and require competent, adequate, and continuous inspection during construction or alteration by an inspector satisfactory to the architect or structural engineer and the Department of General Services. The inspector shall act under the direction of the architect or structural engineer as the board may direct, and be responsible to the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81144. Source version: id_fe8b4d0a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. Any person who knowingly violates any of the provisions of this article or fraudulently makes any false statement in any verified report or affidavit required pursuant to this article, is guilty of a felony. (Amended by Stats. 1981, Ch. 470, Sec. 219.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81146. Source version: id_fe8cd3ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. Any public school building which has been approved by the Department of General Services for occupancy shall be deemed to meet the local building requirements for use as a private school. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81147. Source version: id_fe8cd3ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) When a school building constructed in accordance with plans and specifications approved by the Department of General Services is completed, the notice of completion is filed, and all final verified reports and all testing and inspection documents, as required by this article or as required by the rules and regulations adopted pursuant to this article, are submitted to and on file with the Department of General Services, and all required fees paid by the community college district, the department shall issue a certification that the school building complies with the requirements of this article. Nothing in this article shall prevent beneficial occupancy by a community college district prior to the issuance of this certification. (b) When a school building, constructed in accordance with approved plans and specifications, is completed but final verified reports, as are required under Section 81141, have not been submitted to the Department of General Services due to the incapacitating illness, death, or the default of any persons required to file such reports, the Department of General Services shall, upon written request of the community college district, review all of the project records and make such examinations as it deems necessary to enable it to certify that the school building otherwise complies with the requirements of this article. The Department of General Services may request the community college district to have made, reported, and verified any other tests and inspections which the department deems necessary to complete its examinations of the construction. (c) The costs incurred by the Department of General Services in connection with this section shall be paid by the community college district. The actual costs to perform the examinations, tests, and inspections shall be an appropriate cost of the project to be paid from the building funds of the district. Certification of the project by the Department of General Services shall be withheld until all the costs have been paid by the community college district. (d) This section shall not relieve any individual of his or her responsibility to file verified reports, as required in Section 81141, or any other documents required by the rules and regulations adopted pursuant to this article. This section shall not abrogate the provisions of Section 81144. (Added by Stats. 1982, Ch. 735, Sec. 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 7. Approvals [81130 - 81149] SECTION 81149. Source version: id_fe8cd3b0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=7. (a) Notwithstanding any provision of law, a community college district may acquire for use any facility previously used by the United States military and closed as a result of action by the federal Defense Base Closure and Realignment Commission, or purchase any offsite building constructed prior to January 1, 1998 that meets the structural requirements of the 1976 Uniform Building Code, or subsequent additions to that code, but that does not meet the requirements of Section 81130, for use as a school building, as defined in Section 81130.5, if the governing board of the district finds that all of the following conditions have been met: (1) A structural engineer has inspected the building or facility and submitted a report to the governing board of the community college district that certifies that the building or facility is in substantial compliance with the requirements of this article, or describes in detail any structural modifications necessary to render the building or facility in substantial compliance with this article. For purposes of this section, substantial compliance with this article means that the building or facility is likely to resist, without catastrophic collapse, earthquake forces generated by major earthquakes of the intensity and severity of the strongest experienced in California, but may experience some reparable architectural or structural damage. This requirement is satisfied if the structural engineer affixes his or her seal of approval to the report and he or she attests in that report that to the best of his or her knowledge: (A) He or she has reviewed the design calculations, construction documents, and the local government construction inspection records of the building or facility, to the extent those items are available. (B) He or she has authorized testing and has observed or reviewed the test results and the inspections of an adequate sample of the structure’s welds, anchor bolts, and other structural elements. (C) He or she has observed that the nonstructural elements, including, but not limited to, light fixtures, heating, and air-conditioning diffusers are adequately braced or anchored. (2) The governing board of the community college district shall forward the report submitted pursuant to paragraph (1) to the Department of General Services for its review. Within 45 working days, the Department of General Services shall review the report for compliance with the above requirements, to provide feedback to the structural engineer regarding any insufficiencies with the report, and to determine whether or not the building or facility is in substantial compliance with the requirements of this article, or whether any proposed structural modifications will render the structure in substantial compliance with this article. If the Department of General Services does not respond within 45 working days of the submission of the final and complete report, the department will be deemed to have concurred with the structural engineer’s report. If structural modifications are necessary to achieve substantial compliance with this article, plans shall be submitted to the department for review and approval. Construction shall be completed in compliance with the continuous inspection requirements of this article. (b) (1) No member of the governing board of a community college district, and no employee of a community college district, shall be held personally liable for injury to persons or damage to property resulting from the fact that the governing board of the community college district purchased a building or facility pursuant to this subdivision for a school and the building or facility was not constructed pursuant to the requirements of Section 81130. (2) The exemption from personal liability for members of the governing board and employees of a community college district described in paragraph (1) does not limit the liability of the community college district for injury to persons or damage to property resulting from the fact that the governing board or any employee of the community college district used a building or facility pursuant to this subdivision for a school if the building or facility was not constructed pursuant to the requirements of Section 81130. The exemption from personal liability for members of the governing board and employees of a community college district described in paragraph (1) does not limit the liability of the community college district, the governing board, or the district’s employees pursuant to Section 835 of the Government Code. (3) Section 81144 is not applicable to a person who, pursuant to this section, purchases a building or facility that meets the requirements of this section but does not meet the requirements of Section 81130. Approval and use of a building or facility pursuant to this section does not violate this article. (Amended by Stats. 2000, Ch. 135, Sec. 54. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 8. Fitness for Occupancy [81160 - 81179] SECTION 81160. Source version: id_fe8e5a54-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=8. (a) The provisions of this article do not apply to an offsite building during the time the building is used wholly or in part for community college purposes if the building is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the building. For the purposes of this section, an “offsite building” is a building which is situated on land which is neither owned by a community college district nor leased by a community college district under a lease containing an option to purchase the land. (b) “School building” as used in this article excludes any building which is used for community college district administrative buildings located on a site separate from the community college campuses of the district, and into which students are not required to enter. (c) “School building” as used in this article shall be limited to any physical structure capable of being occupied by pupils, but shall exclude, (1) any bleacher or grandstand with less than six rows of seats, (2) any building which is used exclusively for warehouse, storage, garage, or districtwide administrative office purposes, into which pupils are not required to enter, and off-campus buildings utilized by adult schools or community colleges for voluntary adult education courses or registered apprentice courses, (3) any swimming pool, or (4) any yard or lighting poles or flagpoles or playground equipment which does not exceed 35 feet in height. If any building so excluded was not constructed in accordance with Article 7 (commencing with Section 81130) of this chapter and was not repaired, reconstructed, or replaced in accordance with this article, there shall be posted in a conspicuous place on the building a public notice stating that the building does not meet the structural standards imposed by law for earthquake safety. (Amended by Stats. 1990, Ch. 1372, Sec. 556.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 8. Fitness for Occupancy [81160 - 81179] SECTION 81161. Source version: id_fe8e5a56-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=8. It is the intent of the Legislature to re-examine the progress under this article from time to time. To enable it to do so, and to expedite the provision of safe educational facilities for California community college students, the Legislature intends that the governing board of each community college district adopt a plan for the orderly repair, reconstruction, or replacement of school buildings not repaired, reconstructed, or replaced in accordance with this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 8. Fitness for Occupancy [81160 - 81179] SECTION 81162. Source version: id_fe8e5a58-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=8. Whenever an examination of the structural condition of any school building of a community college district has been made by the Department of General Services, by any licensed structural engineer or licensed architect for the governing board of the district, or under the authorization of law, and a report of the examination, including the findings and recommendations of the agency or person making the examination, has been made to the governing board of the district, and the report shows that the building is unsafe for use, the governing board of the district immediately shall have prepared an estimate of the cost necessary to make repairs to the building or buildings that are necessary, or, if necessary, to reconstruct or replace the building so that the building when repaired or reconstructed, or any building erected to replace it, shall meet those standards of structural safety that are established in accordance with law. The estimate shall be based on current costs and may include other costs to reflect modern educational needs. Also, an estimate of the cost of replacement based on the standards established by the State Allocation Board for area per student and cost per square foot shall be made and reported. The report required by this section shall include a statement that each of the buildings examined is safe or unsafe for school use. For the purpose of this statement, the sole consideration shall be protection of life and the prevention of personal injury at a level of safety equivalent to that established by Article 7 (commencing with Section 81130) of this chapter and the rules and regulations adopted thereunder, disregarding, insofar as possible, building damage not jeopardizing life that would be expected from one disturbance of nature of the intensity used for design purposes in those rules and regulations. The governing board, utilizing the information acquired from the examination and report developed pursuant to this section, shall establish a system of priorities for the repair, reconstruction, or replacement of unsafe school buildings. (Amended by Stats. 1995, Ch. 758, Sec. 112. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 8. Fitness for Occupancy [81160 - 81179] SECTION 81177. Source version: id_fe8e5a5a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=8. (a) No member of the governing board of a community college district shall be held personally liable for injury to persons or damage to property resulting from the fact that a school building was not constructed under the requirements of Article 7 (commencing with Section 81130), if the governing board complies with this article. A licensed structural engineer or licensed architect, employed by a governing board to examine any school building under this article, shall not be held personally liable for injury to persons or damage to property as a result of the structural inadequacy and failure of a building, if he or she has exercised normal professional diligence in carrying out his or her functions under Article 7 (commencing with Section 81130) and this article. (b) Except as provided in subdivision (a), nothing in this article shall be construed as relieving any member of the governing board of a community college district of any liability for injury to persons or damage to property imposed by law. (Amended by Stats. 1995, Ch. 758, Sec. 113. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 8. Fitness for Occupancy [81160 - 81179] SECTION 81179. Source version: id_fe8e5a5c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=8. Notwithstanding any other provision of this article or Chapter 4 (commencing with Section 81800), whenever a community college district does not have funds available to repair, reconstruct, or replace the school buildings referred to in this article or Section 16320, the community college district shall apply for the funds as may be necessary to accomplish the repair, reconstruction, or replacement pursuant to Chapter 4. The community college district shall also accept the funds as are disbursed to the district pursuant to Chapter 4, whether or not the funds constitute the maximum amount applied for, and shall repay the funds in accordance with Chapter 4. (Amended by Stats. 1990, Ch. 1372, Sec. 561.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 9. Disposal of Sites [81190 - 81192] SECTION 81190. Source version: id_fe8fe100-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=9. Notwithstanding the provisions of Article 4 (commencing with Section 81360) of Chapter 2 of this part and in addition to the requirements placed upon community college districts pursuant to Section 54222 of the Government Code, the governing board of any community college district may sell, for less than fair market value, any school site that is deemed to be surplus property of the district, to any park district, city, or county in which the community college district is wholly or partially situated for use or partial use as park or recreational purposes or open-space purposes if the governing board adopts a resolution specifying that it will sell or transfer such property for less than fair market value to such an entity for such a purpose. The offer to sell shall be made in writing, but the terms by which the property may be sold or transferred need not be specifically provided. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 9. Disposal of Sites [81190 - 81192] SECTION 81191. Source version: id_fe8fe102-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=9. The sale or transfer may be made for cash and other valuable consideration, or for other valuable consideration, as deemed appropriate by the governing board of the community college district. The sale or transfer may be made without first taking a vote of the electors of the district. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 1. School Sites [81003 - 81192] ARTICLE 9. Disposal of Sites [81190 - 81192] SECTION 81192. Source version: id_fe8fe104-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=1.&article=9. A community college district’s offer to sell or transfer the land shall be made to all park districts, cities, and counties in which the community college district is wholly or partially situated pursuant to this article and shall remain open for not less than 60 days. The sale or transfer shall be made to whichever public entity first accepts the offer, or whichever public entity can negotiate satisfactorily for the purchase or transfer of such surplus land. (Added by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 1. General Provisions [81250 - 81254] SECTION 81250. Source version: id_fe9167aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=1. (a) The governing board of a community college district may, after a public hearing on the matter, request the Board of Governors of the California Community Colleges to waive, insofar as necessary to accomplish the purpose of the waiver request, all or part of any section of this chapter, other than any provision of this article, or any regulation adopted by the Board of Governors that implements a provision of this chapter. (b) If a waiver request involves the sale or lease of district real property, the governing board of a district requesting a waiver shall provide written notice of the public hearing conducted pursuant to subdivision (a), at least 30 days prior to the hearing, to any city, county, park or recreation district, regional park authority, or public housing authority within which the land may be situated. (Added by Stats. 1998, Ch. 657, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 1. General Provisions [81250 - 81254] SECTION 81252. Source version: id_fe92ee4c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=1. (a) The Board of Governors of the California Community Colleges may approve any request for waiver upon finding that the waiver would promote efficiency and further the public benefit. Waivers may be approved for purposes including, but not necessarily limited to, joint or shared use of property and facilities and for collaborative partnerships between colleges and other public and private entities. (b) The Board of Governors of the California Community Colleges shall not approve any request for waiver of any provision of this chapter pursuant to Section 81250 unless the district seeking the waiver demonstrates all of the following: (1) The district has provided the written notice required by subdivision (b) of Section 81250. (2) The district, after making a good faith effort, was unable to reach agreement with any public agency that sought to acquire the site pursuant to Section 81363.5. (3) The waiver will not substantially increase state costs or decrease state revenues. (4) The waiver will further the ability of the district to meet the educational needs of the community. (Added by Stats. 1998, Ch. 657, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 1. General Provisions [81250 - 81254] SECTION 81254. Source version: id_ee58d37d-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=1. The Chancellor of the California Community Colleges shall annually report to the Governor and Legislature on the number, types, and disposition of waiver requests submitted pursuant to Section 81250 on or before July 1 for the prior year actions. (Amended by Stats. 2009, Ch. 386, Sec. 15. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 1.5. Conveyances [81300 - 81301] SECTION 81300. Source version: id_fe92ee52-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=1.5. The governing board of a community college district shall receive in the name of the district conveyances for all property received and purchased by it, and shall make in the name of the district conveyances of all property belonging to the district and sold by it. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 1.5. Conveyances [81300 - 81301] SECTION 81301. Source version: id_fe92ee54-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=1.5. The governing board of a community college district shall have the power to execute and deliver quitclaim deeds, either with or without consideration to the owners of real property adjacent to any real property owned by the district, for the purpose of removing defects in and otherwise clearing up the title to such adjacent real property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 10. Exchange of Real Property [81470 - 81474] SECTION 81470. Source version: id_feae6546-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=10. The governing board of a community college district may exchange any of its real property for real property of another person or private business firm. Any exchange shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 10. Exchange of Real Property [81470 - 81474] SECTION 81471. Source version: id_feae6548-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=10. Before ordering any exchange of real property the board shall adopt, by a two-thirds vote of its members, a resolution declaring its intention to exchange the property. The resolution shall describe the properties to be exchanged in such manner as to identify them, and the terms and conditions, not including the price, upon which they will be exchanged. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 10. Exchange of Real Property [81470 - 81474] SECTION 81472. Source version: id_feae654a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=10. The board and the other party to the exchange each shall appoint one member of a board of appraisers, and the third member shall be selected by the county superintendent of schools. The governing board and the other party to the exchange shall agree on the compensation of the board of appraisers. The amount for the board’s appraiser and one-half of the amount for the appraiser appointed by the county superintendent of schools shall be a legal charge against the funds of the district exchanging the property. The board of appraisers shall make a report to the parties to the exchange and the county superintendent of schools of its determination of the cash values of the properties proposed to be exchanged. The report may provide for payment by one of the parties to compensate for any difference in appraised values of the properties. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 10. Exchange of Real Property [81470 - 81474] SECTION 81473. Source version: id_feae654c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=10. If the county superintendent of schools approves the report of the appraisers and the terms and conditions set forth in the resolution, the governing board shall publish at least once a week for two weeks in a newspaper of general circulation, circulated in the county, the resolution and a notice stating the time and place within the district at which a public meeting of the board will be held to consider the report of the appraisers and the exchange of the real properties described in the resolution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 10. Exchange of Real Property [81470 - 81474] SECTION 81474. Source version: id_feae654e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=10. At the time and place fixed in the published notice, the board shall meet and consider the report of the appraisers. It then may order the exchange pursuant to the terms and conditions set forth in the resolution and the report of the appraisers. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 11. Exchange of Property [81480 - 81481] SECTION 81480. Source version: id_feafebf2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=11. The governing board of any community college district which has acquired title to property included within an application which has been approved by the State Allocation Board for state school building aid and which property is to be used as an access roadway to such school site may exchange such property for other property to be used as an access roadway which abuts a state highway, if in the opinion of the Division of Highways in the Department of Public Works there is objection to the first access roadway, and if in the opinion of the governing board the property acquired by such exchange will afford more safety to the students of the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 11. Exchange of Property [81480 - 81481] SECTION 81481. Source version: id_feafebf4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=11. The governing board of any community college district owning real property or any interest or estate therein, a boundary line of which is uncertain or is in dispute, may, by unanimous vote of all the members elected or appointed to the board and without complying with any provision of this code except as provided in this article, exchange with the owner of the adjoining property, which is involved in the uncertainty or dispute, such portion or interest or estate in such school property for property of equal value of such owner adjacent to the property of the district for the purpose of settling such boundary line uncertainty or dispute. The question of value of the properties to be exchanged shall be determined by a panel of three disinterested and qualified real estate appraisers, one appraiser to be appointed by the governing board of the district, one appraiser to be appointed by the owner of the other property involved in the boundary line question, and the two appraisers so appointed to jointly select a third appraiser. One-half of the fee of each of said appraisers and one-half the fee of any surveyor employed to establish lines in connection with the determination of the boundary line uncertainty or dispute shall be a proper charge against the funds of the district, provided that no such appraiser, including the selection of the other party and the selected third appraiser, or surveyor, shall be employed for any purpose herein authorized unless and until a resolution of intention so to employ is adopted by the governing board of the district, and provided further that said resolution shall contain a statement substantially to the effect that the district shall notify any appraiser or surveyor before being so employed that he may collect only one-half his fee from the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 12. Temporary Transfer of Water Stock [81490 - 81492] SECTION 81490. Source version: id_feafebf8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=12. The governing body of any community college district owning shares of stock in a mutual water company, which stock is not appurtenant to any land, may rent, lease, or assign such shares, for a term not to exceed one year, if the board determines the water to which the district is entitled by ownership of such shares is not required to meet the needs of the district during the term for which it is rented, leased or assigned. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 12. Temporary Transfer of Water Stock [81490 - 81492] SECTION 81491. Source version: id_feb1729a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=12. The rental, lease, or assignment of the shares of stock shall be made upon such consideration, and such terms and conditions, as may be fixed by action of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 12. Temporary Transfer of Water Stock [81490 - 81492] SECTION 81492. Source version: id_feb1729c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=12. No rental, lease, or assignment of shares of stock shall be made until notice has been given by posting in at least three public places in the district for not less than two weeks, or by publication for a period of not less than two weeks in a newspaper published in the district and having a general circulation there; or if there is no such newspaper, then in a newspaper having a general circulation in the district; or if there is no such newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 13. Ownership of Fixtures [81500 - 81501] SECTION 81500. Source version: id_feb172a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=13. When any territory withdrawn from a school district or community college district pursuant to this code contains a school building, site or real property, the building or site, together with the fixtures thereof, shall, upon the withdrawal of the territory becoming effective, become the property of the district of which the territory becomes a part or the whole. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 13. Ownership of Fixtures [81500 - 81501] SECTION 81501. Source version: id_feb172a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=13. If a dispute arises between the governing boards of the two districts concerned as to what constitutes fixtures, a board of arbitrators shall be appointed who shall determine what articles in a school building located within territory withdrawn from any district are fixtures thereof. The board shall consist of one person selected by the district from which the territory is withdrawn, one person selected by the district of which it has become a part, and a third person appointed by the county superintendent of schools of the county in which the districts are located. The two districts involved may mutually agree that the person appointed as arbitrator by the county superintendent of schools may act as sole arbitrator of the matters to be submitted to arbitration. The necessary expenses and compensation of the arbitrators shall be divided equally between the two districts, and the payment of the portion of the expenses is a legal charge against the funds of the districts. The arbitrator or arbitrators shall proceed to view and examine such property, articles, equipment, and fixtures as they are requested to pass upon by the respective districts and make a written finding as to what property, articles, or equipment constitute fixtures. The written finding and determination of a majority of the board of arbitrators is final and binding upon the districts submitting the question to the board of arbitration. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 14. Leasing for Production of Gas [81510 - 81512] SECTION 81510. Source version: id_feb2f946-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=14. The governing board of a community college district may, upon complying with the provisions of this article, enter into and be a party to a community lease to which a city or other public agency and one or more private persons or private agencies are also parties for the leasing of the parcels of lands owned by the district and the other parties for the extraction and taking of gas not associated with oil, on such terms and conditions as the governing board of the district may prescribe. Such lease may be entered into without complying with any provisions of this code except as provided in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 14. Leasing for Production of Gas [81510 - 81512] SECTION 81511. Source version: id_feb2f948-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=14. The board shall not enter into and be a party to any such lease unless the following conditions have been met: (a) A resolution authorizing such action and prescribing the terms of the lease has been adopted by the unanimous vote of all the members elected or appointed to the board; (b) Such resolution has been published in a newspaper of general circulation published in the district, or if there be no such newspaper, in a newspaper having a general circulation in the district, once a week for three weeks prior to the execution of the lease by the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 14. Leasing for Production of Gas [81510 - 81512] SECTION 81512. Source version: id_feb2f94a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=14. No well for the production of gas shall be drilled on any land owned by the district and leased pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81520. Source version: id_feb47fee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. The provisions of this article shall govern the lease or lease-purchase of sites, buildings, and facilities by the governing board of community college district whenever the district is the lessee or purchaser and the lease or lease-purchase is not subject to Section 18 of Article XVI of the California Constitution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81521. Source version: id_feb47ff0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. For purposes of this article the following definitions shall govern: (a) “Temporary-use building” is any building for which the intended use by the district at the time of entering into a lease contract or agreement is not for more than three years from the date of first occupancy. (b) “Relocatable structure” is any structure that is designed to be relocated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81522. Source version: id_feb47ff2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. (a) The governing board of a community college district may lease land for a term extending to the expected duration of use by the district. (b) Any lease contract or agreement entered into pursuant to this section shall be initiated by resolution authorizing such action and prescribing the terms thereof adopted by vote of a majority of the members of the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81523. Source version: id_feb47ff4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. (a) The governing board of a community college district may lease temporary-use buildings for a term extending to the expected duration of use by the district. (b) Any lease agreement or contract entered into pursuant to this section shall be initiated by resolution authorizing such action and prescribing the terms thereof adopted by vote of a majority of the members of the governing board. (c) A governing board of a community college district shall not enter into a lease pursuant to subdivision (a), unless the resolution adopted pursuant to subdivision (b) has been published in a newspaper published in the district and having a general circulation there; or if there is no such newspaper, then in a newspaper having a general circulation in the district; or if there is no such newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. Notice shall be published no less than once a week for three weeks prior to the execution of the lease by the board. (d) Any temporary-use building in which students are expected to enter and which is leased under one, or successive leases, for a total time in excess of three years, or under a lease-purchase contract, shall be subject to the provisions of Article 7 (commencing with Section 81130) and Article 8 (commencing with Section 81160) of Chapter 1 of this part. (Amended by Stats. 1979, Ch. 373.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81523.5. Source version: id_342a1669-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. (a) Notwithstanding subdivision (d) of Section 81523, in order to adequately assess long-term site viability, any temporary use building that is 50,000 square feet or less which the Los Angeles Community College District leases under one, or successive leases, for a total time of five years or less, and in which students or faculty are expected to enter, shall be exempt from the provisions of Article 7 (commencing with Section 81130) and Article 8 (commencing with Section 81160) of Chapter 1. (b) This section does not apply to a lease with an effective date or effective renewal date that is on or after January 1, 2015. (Added by Stats. 2009, Ch. 390, Sec. 8. (AB 1240) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81524. Source version: id_feb60696-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. Any lease contract or agreement entered into pursuant to Section 81523 shall be subject to the condition that the site on which any temporary-use building is located shall be owned by the district, or shall be under the control of the community college district pursuant to a lease or lease-purchase contract or agreement under the terms of which the land is leased to the district for a term at least as long as the intended use of the building, and under conditions that are compatible with the intended use of the building. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81525. Source version: id_feb60698-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. Any lease contract or agreement entered into pursuant to Section 81523 may provide for the joint use and occupancy by any public or private entity. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81526. Source version: id_feb6069a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. (a) The governing board of a community college district may lease relocatable structures for a term extending to the expected duration of use by the district, but not to exceed 10 years. (b) Any lease agreement or contract entered into pursuant to this section shall be initiated by resolution authorizing such action and prescribing the terms thereof adopted by vote of a majority of the members of the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81527. Source version: id_feb6069c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. In any lease made pursuant to Section 81526, it shall be competent to provide that the community college district lessee may purchase the relocatable structure at an agreed purchase price and that rental paid for the use of such structure or building shall be applied in whole or in part upon the purchase price. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81528. Source version: id_feb6069e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. Any lease contract or agreement entered into pursuant to Section 81526 shall be subject to the following conditions: (a) A leased relocatable structure in which students are expected to enter and which is to be used for school purposes for a total time in excess of three years shall be subject to the provisions of Article 7 (commencing with Section 81130) and Article 8 (commencing with Section 81160) of Chapter 1 of this part. (b) Subdivision (a) of this section shall not apply to trailer coaches used for classrooms or laboratories if such trailer coaches conform to the requirements of Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code, and the rules and regulations promulgated thereunder concerning mobilehomes, are not expanded or fitted together with other sections to form one unit greater than 16 feet in width, are used for special educational purposes, and are used by not more than 12 students at a time, except that such trailer coaches may be used by not more than 20 students at a time for driver training purposes. (c) The site on which a leased relocatable structure is located shall be owned by the community college district, or shall be under the control of the district pursuant to a lease or a permit. (Amended by Stats. 1979, Ch. 373.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81529. Source version: id_feb606a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. (a) Notwithstanding any other provision of law to the contrary, the governing board of a community college district may designate a building, which is primarily used for other than public school purposes, as an “offsite location” for the purpose of conducting instruction in educational programs as prescribed by the governing board, provided that such educational programs require an “offsite location” in order to adequately fulfill the objective of the educational program. (b) Any building used as an “offsite location” pursuant to subdivision (a) shall not be subject to Article 7 (commencing with Section 81130) of, or Article 8 (commencing with Section 81160) of, Chapter 1 of this part. (Amended by Stats. 1979, Ch. 373.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81530. Source version: id_feb606a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. The governing board of a community college district may do all of the following: (a) Lease buildings and other facilities, such as administrative offices, warehouses, athletic facilities, outdoor assembly facilities, auditoriums, quarters for adult education, transportation facilities, and communication facilities, for a period of not to exceed 12 years. (b) Lease property from the federal government, the state, or any county, city and county, city, or district for the purpose of constructing school buildings and facilities thereon. (c) Except as otherwise provided, any building leased for a total time in excess of three years, or under a lease-purchase agreement, shall be deemed the construction or alteration of a school building, as those terms are used in Article 7 (commencing with Section 81130). A building or facility used by a community college district under a lease or a lease-purchase agreement into which neither students nor teachers are required to enter and which would be excluded from the meaning of “school building” in Section 81160 shall not be considered to be a “school building” within the meaning of Section 81130.5. (Amended by Stats. 1995, Ch. 758, Sec. 118. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81530.5. Source version: id_feb78d44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. (a) Notwithstanding Section 81530, or any other provision of law, a community college district may lease an offsite commercial building that does not meet the requirements of Section 81130, for use as a school building, as defined in Section 81130.5, if the governing board of the district finds that all of the following conditions have been met: (1) The building was constructed in accordance with seismic safety standards for commercial buildings constructed within an earthquake zone. (2) The building permit for the initial construction of the building was issued on or after January 1, 1990. (3) A structural engineer has inspected the building and submitted a report to the governing board of the community college district that certifies that the building is in substantial compliance with the requirements of this article. For purposes of this section, substantial compliance with this article means that the building is likely, without catastrophic collapse, to resist earthquake forces generated by major earthquakes of the intensity and severity of the strongest experienced in California, but may experience some reparable architectural or structural damage. This certification requirement is satisfied if the structural engineer affixes his or her seal of approval to the report and he or she attests in that report that to the best of his or her knowledge: (A) He or she has reviewed the design calculations, construction documents, and the local government construction inspection records of the building, to the extent those items are available. (B) He or she has authorized testing and has observed or reviewed the test results and the inspections of an adequate sample of the structure’s welds, anchor bolts, and other structural elements deemed necessary for the satisfactory performance of the building. (C) He or she has observed that the overhead nonstructural elements, including, but not limited to, light fixtures, heating, and air-conditioning diffusers are adequately braced or anchored. (b) The governing board of the community college district shall forward the report submitted pursuant to paragraph (3) of subdivision (a) to the Department of General Services for its review. Within 45 working days, the Department of General Services shall review the report for compliance with the above requirements, to provide feedback to the structural engineer regarding any insufficiencies with the report, and to determine whether or not the building is in substantial compliance with the requirements of this article. If the Department of General Services does not respond within 45 working days of the submission of the final and complete report, the department will be deemed to have concurred with the structural engineer’s report. A final decision by the governing board of the community college district to occupy the building for school purposes shall not occur until the governing board has reviewed and considered the feedback of the department, or the 45 workday review period has passed. (c) (1) No member of the governing board of a community college district, nor any employee of a community college district, shall be held personally liable for injury to persons or damage to property resulting from the fact that the governing board of the community college district used a commercial building pursuant to this subdivision for a school and the building was not constructed under the requirements of Section 81130. (2) The exemption from personal liability for members of the governing board and employees of a community college district described in paragraph (1) is not intended to limit the liability of the community college district for injury to persons or damage to property resulting from the fact that the governing board or any employee of the community college district used a commercial building pursuant to this subdivision for educational purposes and the building was not constructed under the requirements of Section 81130. The exemption from personal liability for members of the governing board and employees of a community college district described in paragraph (1) is not intended to limit the liability of the community college district, the governing board or the district’s employees pursuant to Section 835 of the Government Code. (3) Section 81144 is not applicable to a person who, pursuant to this section, leases or uses a building for a community college building that meets the requirements of this section but does not meet the requirements of Section 81130. Approval and use of a building pursuant to this section does not constitute a violation of this article. (Added by Stats. 1998, Ch. 610, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81531. Source version: id_feb78d46-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. Any lease or lease-purchase contract or agreement executed prior to the effective date of this article shall remain in full force and effect. The renewal of such contracts or agreements, however, shall be governed by the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities [81520 - 81532] SECTION 81532. Source version: id_feb78d48-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=15. Notwithstanding any limitations or requirements imposed by this article upon the leasing or renewal of leasing of relocatable structures on and after August 27, 1974, all acts and proceedings heretofore taken by or on behalf of any community college district for the lease of, or the renewal of a lease of, relocatable structures, including but not limited to trailers, are hereby confirmed, validated and declared to be legally effective and such lease agreements or renewals of such lease agreements are legal, valid and binding obligations if such lease agreements or renewals of such lease agreements would have otherwise been authorized under former Education Code Section 15352 or 15352.5 had such sections not been repealed on August 27, 1974, by Chapter 547 of the Statutes of 1974. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 16. Leasing of Equipment [81550 - 81553] SECTION 81550. Source version: id_feb913ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=16. A community college district may, as lessee, enter into a lease or lease-purchase agreement for equipment or service systems with any person, firm, corporation or public agency. As used in this article “equipment” includes (1) schoolbuses, (2) other motor vehicles, (3) test materials, educational films, and audiovisual materials, and (4) all other items defined as equipment or service systems in the Community College Budget and Accounting Manual. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 16. Leasing of Equipment [81550 - 81553] SECTION 81551. Source version: id_feb913ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=16. Before a lease or lease-purchase agreement may be entered into, the lessee shall comply with all applicable provisions for bids and contracts prescribed by Article 3 (commencing with Section 81641) of Chapter 3 and by Section 20651 of the Public Contract Code. Each contract shall show the total price for an outright purchase of any item and also its total cost for the entire specified term of the contract. (Amended by Stats. 1995, Ch. 758, Sec. 119. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 16. Leasing of Equipment [81550 - 81553] SECTION 81552. Source version: id_feb913f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=16. The term of any lease or lease-purchase agreement shall not exceed the estimated useful life of the item but in no event shall the term exceed 10 years. A lease, but not a lease-purchase agreement, may be renewable at the option of the lessee and the lessor, jointly, at the end of each term at a rate not more than 7 percent annually above the rate set pursuant to the existing agreement. In no event shall the combined period of the original lease and renewals or extensions exceed 10 years. Any contract for the lease or lease-purchase of equipment or service systems which was in existence prior to the effective date of this act shall remain in effect and such terms are hereby ratified. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 16. Leasing of Equipment [81550 - 81553] SECTION 81553. Source version: id_feba9a92-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=16. As a lessor, a community college district governing board is authorized to let, or let with option to purchase, any land, buildings, or equipment it determines is not needed for school purposes for a term extending to the end of the expected nonuse of the land, buildings, or equipment and under any conditions it deems reasonable. All such leases and leases with options to purchase to nonpublic agencies or individuals shall comply with the provisions of Sections 81450, 81452, 81453, and 81454. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] SECTION 81560. Source version: id_b2d9d087-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=17. For purposes of this article, the following definitions apply: (a) “Affordable housing for students or employees” means a housing development with a majority of its rents restricted to levels that are affordable to low-income students, or employees who are persons and families of low or moderate income. (b) “Low-income student” means a student whose income and asset level does not exceed the level required for the Cal Grant A award or Cal Grant B award. (c) “Persons and families of low or moderate income” has the same meaning as defined in Section 50093 of the Health and Safety Code. (Added by Stats. 2021, Ch. 572, Sec. 1. (SB 330) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 81563.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] SECTION 81561. Source version: id_b2d9d089-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=17. (a) (1) The governing board of the Los Angeles Community College District shall develop and implement a pilot program, pursuant to this article, to provide affordable housing to students or employees of the Los Angeles Community College District. (2) Priority shall be given to low-income students experiencing homelessness for the affordable units of the affordable housing for students or employees. The student’s homelessness status may be verified by a homeless services provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, the Los Angeles Community College District, or a campus of the community college district if it has knowledge of the student’s status. (b) (1) The governing board of the Los Angeles Community College District shall, not later than January 1, 2032, provide a report to the Legislature with findings and recommendations on the success of the program. (2) The report in paragraph (1) shall be submitted to the Legislature in accordance with Section 9795 of the Government Code. (Added by Stats. 2021, Ch. 572, Sec. 1. (SB 330) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 81563.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] SECTION 81562. Source version: id_b2d9d08b-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=17. (a) The governing board of the Los Angeles Community College District may let to any nonprofit entity, private person, firm, or corporation, any real property that belongs to the Los Angeles Community College District if the instrument by which the property is let requires the lessee to construct on the demised premises, or provide for the construction on the real property of, a building or buildings for the joint use of the Los Angeles Community College District and the nonprofit entity, private person, firm, or corporation during the term of the lease or agreement if both of the following conditions are met: (1) The title to that portion of the building to be occupied by the nonprofit entity, private person, firm, or corporation remains exclusively the personal property of the nonprofit entity or private party during the term of the lease and the title to the portion of the building to be occupied by the Los Angeles Community College District vests in the Los Angeles Community College District upon completion of the building or buildings and acceptance of the building or buildings by the Los Angeles Community College District. (2) Except as provided in subdivision (b), no rental fee or other charge for the use of the building or buildings is paid by the Los Angeles Community College District. (b) For a lease or agreement entered into pursuant to subdivision (a), if the constructed building or buildings are developed and operated as affordable housing for students or employees of the Los Angeles Community College District, or for both those students and employees, the Los Angeles Community College District and the nonprofit entity, private person, firm, or corporation may agree to waive the condition that no rental fee or other charge is to be paid by the Los Angeles Community College District for the portion of the building that is for the exclusive use of the Los Angeles Community College District. (c) The Los Angeles Community College District may enter into a lease or agreement with a nonprofit entity, private person, firm, or corporation for the joint occupancy of the real property and buildings of the Los Angeles Community College District, in accordance with this chapter, if the real property and buildings are intended for affordable housing for students or employees of the Los Angeles Community College District, or for both those students and employees. (d) A lease or agreement under this article for joint occupancy of real property and buildings of the Los Angeles Community College District that are intended for affordable housing for students or employees of the Los Angeles Community College District, or for both those students and employees, shall not exceed a term of 66 years. (e) The governing board of the Los Angeles Community College District may lease real property for less than fair rental value, as defined in Section 82542, to any entity that intends to enter into a lease or agreement with the Los Angeles Community College District for joint occupancy of the real property and buildings of the Los Angeles Community College District to develop and operate affordable housing for students or employees of the Los Angeles Community College District, or for both those students and employees, and the lease or agreement is consistent with Section 6 of Article XVI of the California Constitution. (Added by Stats. 2021, Ch. 572, Sec. 1. (SB 330) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 81563.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 17. Los Angeles Community College District Affordable Housing Pilot Program [81560 - 81563] SECTION 81563. Source version: id_b2d9f79d-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=17. This article shall remain in effect only until January 1, 2033, and as of that date is repealed. (Added by Stats. 2021, Ch. 572, Sec. 1. (SB 330) Effective January 1, 2022. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Article 17, commencing with Section 81560.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 2. Dedication of Real Property [81310 - 81315] SECTION 81310. Source version: id_fe9474f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=2. The governing board of a community college district may, pursuant to this article, dedicate or convey to the state, or any political subdivision or municipal corporation thereof, for public street or highway purposes, either with or without consideration and without a vote of the electors of the district first being taken, any real property belonging to the district, either in fee or any lesser estate or interest therein, including abutter’s right of access to any public street or highway; and may dedicate or convey to any public corporation, or private corporation engaged in the public utility business, without a vote of the electors of the district first being taken, an easement to lay, construct, reconstruct, maintain, and operate water, sewer, gas, or storm drain pipes or ditches, electric or telephone lines, and access roads used in connection therewith, over and upon any land belonging to the community college district, upon such terms and conditions as the parties thereto may agree. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 2. Dedication of Real Property [81310 - 81315] SECTION 81311. Source version: id_fe9474fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=2. Before ordering the dedication or conveyance of any property the governing board shall in regular open meeting by a two-thirds vote of all its members adopt a resolution declaring its intention to dedicate or convey the property. The resolution shall describe the property proposed to be dedicated or conveyed in such manner as to identify it, and shall specify the purposes for which and the terms upon which it will be dedicated or conveyed, and shall fix a time not less than 10 days thereafter for a public meeting of the governing board to be held at its regular place of meeting for a public hearing upon the question of making the dedication or conveyance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 2. Dedication of Real Property [81310 - 81315] SECTION 81312. Source version: id_fe9474fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=2. Notice of adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the members of the board, or by a majority thereof, in three public places in the district not less than 10 days before the date of the meeting, and by publishing the notice once not less than five days before the date of the meeting in a newspaper of general circulation, published in the district, if there is one, or, if there is no such newspaper published in the district, then in a newspaper published in the county in which the district or any part thereof is situated and having a general circulation in the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 2. Dedication of Real Property [81310 - 81315] SECTION 81313. Source version: id_fe9474fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=2. At the time and place fixed in the resolution for the meeting of the governing board the public hearing shall be held, and the governing board may at the meeting, or at any other meeting of the governing board held within 60 days thereafter, unless a protest is entered, adopt a resolution by a two-thirds vote of all its members authorizing and directing the president of the governing board, or any other presiding officer, or the secretary, or the members thereof, to execute a deed of dedication or conveyance of the property and to deliver it. Upon the delivery and acceptance of the deed the dedication or conveyance is fully effective. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 2. Dedication of Real Property [81310 - 81315] SECTION 81314. Source version: id_fe947500-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=2. A petition protesting against the proposed dedication or conveyance signed by at least 10 percent of the qualified electors of the district, as shown by the affidavit of one of the petitioners, may be filed with the governing board at the meeting held at the time and place fixed in the resolution. If a protest is filed, the governing board, before taking any further action on the proposed dedication or conveyance, shall submit the question of whether the proposed dedication or conveyance should be made, to the board of governors whose decision is final. If the board of governors approves the proposed dedication or conveyance, the governing board may proceed with the dedication or conveyance. If the board of governors does not approve the proposed dedication or conveyance, no further proceedings shall be had thereon. (Amended by Stats. 1995, Ch. 758, Sec. 114. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 2. Dedication of Real Property [81310 - 81315] SECTION 81315. Source version: id_fe95fba2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=2. Whenever community college districts are required to improve and dedicate real property to the centerline of streets or highways adjacent to a school site or forming an intersection at a school site location, and when such street or highway rights-of-way are being conveyed to the city or county or by the city or county to the community college district, the requirements of this article shall be deemed satisfied solely by posting a notice of intention to convey in an appropriate location before conveyance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81330. Source version: id_fe95fba6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. Any community college district may enter into leases and agreements relating to real property and buildings to be used by the district pursuant to this article. As used in this article, “building” includes (a) one or more buildings located or to be located on one or more sites; (b) the remodeling of any building located on a site to be leased pursuant to this article; (c) onsite and offsite facilities; utilities or improvements which the governing board determines are necessary for the proper operation or function of the school facilities to be leased. It also includes the permanent improvement of school grounds. As used in this article, “site” includes one or more sites, and also may include any building or buildings located or to be located on a site. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81331. Source version: id_fe978248-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. As used in this article “lease or agreement” shall include a lease purchase agreement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81332. Source version: id_fe97824a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. Before the governing board of a community college district enters into a lease or agreement pursuant to this article, it shall have available a site upon which a building to be used by the district may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites, and it shall have prepared and shall have adopted plans and specifications for such building which have been approved pursuant to Article 7 (commencing with Section 81130) of Chapter 1 of Part 49. A district has a site available for the purposes of this section if it owns a site or if it has an option on a site which allows the community college district or the designee of the district to purchase the site. Any community college district may acquire and pay for an option containing such a provision. (Amended by Stats. 1982, Ch. 251, Sec. 15. Effective June 11, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81334. Source version: id_fe97824c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. Sections 81360 to 81378, inclusive, shall not apply to leases made pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81335. Source version: id_fe97824e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. The governing board of a community college district may let, at a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real property which belongs to the district if the instrument by which such property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the use of the community college district during the term thereof, and provides that title to such building shall vest in the community college district at the expiration of such term. Such instrument may provide for the means or methods by which such title shall vest in the community college district prior to the expiration of such term, and shall contain such other terms and conditions as the governing board may deem to be in the best interest of the community college district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81336. Source version: id_fe978250-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. The governing board of a community college district may enter into an agreement with any person, firm, or corporation under which such person, firm, or corporation shall construct, or provide for the construction of, a building to be used by the district upon a designated site and lease such building and site to the district. Such instrument shall provide that the title to such building and site shall vest in the district at the expiration of such lease, and may provide the means or method by which the title to the building and site shall vest in the district prior to the expiration of such lease, and shall contain such other terms and conditions as the governing board of the district deems to be in the best interest of the district. The agreement entered into shall be with the lowest responsible bidder who shall give such security as the board requires. The board may reject all bids. For the purpose of securing bids the board shall publish at least once a week for two weeks in some newspaper of general circulation published in the district, or if there is no such paper, then in some paper of general circulation circulated in the county, a notice calling for bids, stating the proposed terms of the agreement and the time and place where bids will be opened. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81344. Source version: id_fe978252-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. After the governing board of a community college district has complied with Section 81332, it shall, in a regular open meeting, adopt a resolution declaring its intention to enter into a lease or agreement pursuant to this article. The resolution shall describe, in such manner as to identify it, the available site upon which the building to be used by the district shall be constructed, shall generally describe the building to be constructed and state that the building shall be constructed pursuant to the plans and specifications adopted by the governing board therefor, shall, if such is the case, state the minimum yearly rental at which the governing board will lease real property belonging to the district upon which the building is to be constructed, and shall state the maximum number of years for which the community college district will lease the building or site and building, as the case may be, and shall state that the proposals submitted therefor shall designate the amount of rental, which shall be annual, semiannual, or monthly, to be paid by the community college district for the use of the building, or building and site, as the case may be. The resolution shall fix a time, not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to enter such a lease or agreement with the community college district will be received from any person, firm, or corporation, and considered by the governing board. Notice thereof shall be given in the manner provided in Section 81368. At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to enter a lease or agreement and which are made by responsible bidders, the proposal which calls for the lowest rental shall be finally accepted, or the board shall reject all bids. The board is not required to accept a proposal, or else reject all bids, on the same day as that in which the proposals are opened. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81345. Source version: id_fe9908f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. As an alternative to obtaining sealed proposals as required by Sections 81336 and 81344, the governing board, in a public meeting, may adopt a resolution declaring its intention to enter into a lease or agreement pursuant to this article with a nonprofit corporation organized under Part 2 (commencing with Section 5110) of, or Part 3 (commencing with Section 7110) of, Division 2 of Title 1 of the Corporations Code, if the articles of incorporation or bylaws of the nonprofit corporation provide: (1) that no person shall be eligible to serve as a member or director of the corporation except a person initially approved by resolution of the governing board of the community college district, and (2) that no part of the net earnings of the corporation shall inure to the benefit of any member, private shareholder, individual, person, firm or corporation excepting only the district. The resolution shall describe, in a manner that identifies it, the available site upon which the building to be used by the district shall be constructed, shall generally describe the building to be constructed and state that the building shall be constructed pursuant to the plans and specifications adopted by the governing board therefor, shall, if such is the case, state the minimum yearly rental at which the governing board will lease real property belonging to the district upon which the building is to be constructed, and shall state the maximum number of years for which the community college district will lease the building, or building and site, as the case may be. Any building constructed by a nonprofit corporation pursuant to a lease or agreement entered into pursuant to this section shall be constructed under a contract awarded to the lowest responsible bidder pursuant to Sections 20671 to 20675, inclusive, of the Public Contract Code. Section 81350 of this code shall apply to this contract. (Amended by Stats. 1995, Ch. 758, Sec. 115. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81346. Source version: id_fe9908f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. Any bonds, notes, warrants or other evidences of indebtedness to be issued by a nonprofit corporation to finance the construction of a building pursuant to a lease or agreement entered into pursuant to Section 81345 shall be sold pursuant to Chapter 10 (commencing with Section 5800) of Division 6 of Title 1 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81347. Source version: id_fe9908f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. All such bonds, notes, warrants or other evidences of indebtedness referred to in Section 81346 and the interest thereon are exempt from all taxation in the state other than inheritance, gift and franchise taxes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81348. Source version: id_fe9908fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. Any building constructed for the use of a community college district pursuant to this article is subject to Sections 81130 to 81144, inclusive. (Amended by Stats. 1995, Ch. 758, Sec. 116. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81349. Source version: id_fe9908fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. For the purposes of Sections 15102 and 15106, 50 percent of any remaining payments for use of the building or site and building which would become due from the district under any leases and agreements entered into by the district pursuant to this article, if such leases and agreements were to run their full term, shall be considered outstanding bonded indebtedness. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81350. Source version: id_fe9908fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. The governing board of the community college district shall obtain the general prevailing rate of per diem wages from the Director of the Department of Industrial Relations for each craft, classification or type of workman needed for the construction of the building and shall specify in the resolution and in the notice, required by Section 81344, or in the resolution required by Section 81345 and in the lease or agreement made pursuant to this article, what the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality is for each craft, classification or type of workmen needed for the construction of the building. The holidays upon which such rate shall be paid need not be specified by the governing board, but shall be all holidays recognized in the collective-bargaining agreement applicable to the particular craft, classification or type of workmen employed on the project. Any agreement or lease entered into pursuant to this article shall require that such general prevailing rates will be paid. It shall also require that work performed by any workman employed upon the project in excess of eight hours during any one calendar day shall be permitted only upon compensation for all hours worked in excess of eight hours per day at not less than 11/2 times the basic rate of pay. There may also be included in leases or agreements entered into pursuant to this article any other requirements with respect to matters related to the subject of this section which the governing board deems necessary or desirable. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 3. Leasing School Buildings [81330 - 81351] SECTION 81351. Source version: id_fe9a8fa0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=3. The provisions of this article prevail over any provisions of law which conflict therewith. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81360. Source version: id_fe9a8fa4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The governing board of a community college district may sell any real property belonging to the district or may lease for a term not exceeding 99 years, any real property, together with any personal property located thereon, belonging to the district which is not or will not be needed by the district for school classroom buildings at the time of delivery of title or possession. The sale or lease may be made without first taking a vote of the electors of the district, and shall be made in the manner provided by this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81361. Source version: id_f2410a2f-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The governing board of a community college district that has by majority vote established a standard rate or rates for the lease pursuant to this article of its real property may by majority vote delegate to an officer or employee as the governing board may designate, the power to enter into leases, for and in behalf of the district, of any real property of the district, with respect to which real property the district has received only one sealed proposal that conforms with the existing standard rate or rates, from a responsible bidder. (Amended by Stats. 2009, Ch. 390, Sec. 1. (AB 1240) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81363. Source version: id_fe9a8fa8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The funds derived from the sale or from a lease with an option to purchase shall be used for capital outlay or deferred maintenance; provided, however, that the proceeds of property sold or leased in accordance with subdivision (a) or (b) of Section 81363.5 may be deposited in the general fund of the district if, prior to the sale or lease, the community college district governing board has determined that the district has no anticipated need for additional sites or building construction for the five-year period following the sale or lease. (Amended by Stats. 1984, Ch. 609, Sec. 4. Effective July 19, 1984.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81363.5. Source version: id_fe9c164a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. Except as provided for in Article 9 (commencing with Section 81190) of Chapter 1, the sale or lease with an option to purchase of real property by a community college district shall be in accordance with the following priorities and procedures. (a) First, the property shall be offered for park or recreational purposes pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, in any instance in which such article is applicable. (b) Second, the property shall be offered for sale or lease with an option to purchase, at fair market value; (1) In writing, to the Director of General Services, the Regents of the University of California, the Trustees of the California State University, the county and city in which the property is situated, and to any public housing authority in the county in which the property is situated; and (2) By public notice to any public district, public authority, public agency, public corporation, or any other political subdivision in this state, to the federal government, and to nonprofit charitable corporations existing on December 31, 1979, and organized pursuant to Part 3 (commencing with Section 10200) of Division 2 of Title 1 of the Corporations Code then in effect or organized for charitable purposes on or after January 1, 1980, under Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. Public notice shall consist of at least publishing its intention to dispose of the real property in a newspaper of general circulation within the district, or if there is no such newspaper, then in any newspaper of general circulation that is regularly circulated in the district. The notice shall specify that the property is being made available to all public districts, public authorities, public agencies, and other political subdivisions or public corporations in this state, and to other nonprofit charitable or nonprofit public benefit corporations. Publication of notice pursuant to this section shall be once each week for three successive weeks. Three publications in a newspaper regularly published once a week or more often, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The written notice required by paragraph (1) of this subdivision shall be mailed no later than the date of the second published notice. The entity desiring to purchase or lease the property shall, within 60 days after the third publication of notice, notify the community college district of its intent to purchase or lease the property. If the entity desiring to purchase or lease the property and the district are unable to arrive at a mutually satisfactory price or lease payment during the 60-day period, the property may be disposed of as otherwise provided in this section. In the event the district receives offers from more than one entity pursuant to this subdivision, the school district governing board may, in its discretion, determine which of the offers to accept. (c) Third, the property may be disposed of in any other manner authorized by law. (Amended by Stats. 1983, Ch. 143, Sec. 84.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81364. Source version: id_fe9c164c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. Any lease may be made upon such consideration or for such rental, as is authorized by the action of the governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81365. Source version: id_fe9c164e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. Before ordering the sale or lease of any property the governing board, in a regular open meeting, by a two-thirds vote of all its members, shall adopt a resolution, declaring its intention to sell or lease the property, as the case may be. The resolution shall describe the property proposed to be sold or leased in such manner as to identify it and shall specify the minimum price or rental and the terms upon which it will be sold or leased and the commission, or rate thereof, if any, which the board will pay to a licensed real estate broker out of the minimum price or rental. The resolution shall fix a time not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81366. Source version: id_fe9c1650-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. In lieu of the declaration of intention to lease real property provided in Section 81365, the governing board of a community college district having an average daily attendance of 400,000 or more as shown by the annual report of the county superintendent of schools for the preceding year may publish a notice three times in a period of not less than 15 days in a newspaper of general circulation published in the district. The notice shall describe the property proposed to be leased in such manner as to identify it and shall specify the minimum rental and terms upon which it will be leased. The notice shall fix a time not less than 15 days thereafter for a public meeting of the governing board to be held at its regular place of meeting at which proposal to lease will be received and considered. The governing board by majority vote may adopt a ruling delegating to such officer or employee of the district as the board may designate, authority to perform the duties prescribed in this section. Bids received under this section shall be received, accepted, or rejected in accordance with the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81367. Source version: id_f62dfbd1-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. If, in the discretion of the board, it is advisable to offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any proposal, the commission shall be specified in the resolution. No commission shall be paid unless there is contained in or with the sealed proposal that is finally accepted the name of the licensed real estate broker to whom it is to be paid, and the amount or rate thereof. Any commission shall, however, be paid only out of money received by the board from the sale or rental of the real property. (Amended by Stats. 2009, Ch. 390, Sec. 2. (AB 1240) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81368. Source version: id_fe9d9cf4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the board or by a majority thereof in three public places in the district, not less than 15 days before the date of the meeting, and by publishing the notice not less than once a week for three successive weeks before the meeting in a newspaper of general circulation published in the county in which the district or any part thereof is situated, if any such newspaper is published therein. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81369. Source version: id_fe9d9cf6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. Whenever it is proposed to lease real property and the governing board unanimously determines in the resolution that in its opinion, the monthly rental value of the property does not exceed the sum of fifty dollars ($50), the resolution need not be posted and may, before the date of the meeting, be published in two successive issues of a weekly newspaper or in five successive issues of a daily newspaper. The newspaper in which the notice is published shall be one published in the district and having a general circulation there; or if there is no such newspaper, then one having a general circulation in the district; or if there is no such newspaper, then in one having a general circulation in a county in which the district or any part thereof is situated. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81370. Source version: id_fa1a7843-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. (a) At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals that have been received shall, in public session, be opened, examined, and declared by the board. Except as provided in subdivision (b), of the proposals submitted that conform to all terms and conditions specified in the resolution of intention to sell or to lease and that are made by responsible bidders, the sealed proposal that is the highest, after deducting therefrom the commission, if any, to be paid a licensed real estate broker in connection therewith, shall be finally accepted, unless the board rejects all of these bids. (b) Notwithstanding subdivision (a), the governing board of any community college district may apply to the Board of Governors of the California Community Colleges for a waiver of the requirement that the governing board accept the highest responsible bid for the sale or lease of real property. The board of governors may grant a waiver pursuant to this subdivision if it determines that the waiver is in the best interests of the community college district. (Amended by Stats. 2009, Ch. 390, Sec. 3. (AB 1240) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81371.5. Source version: id_fe9f239c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. Notwithstanding any other provision of this article, the board of governors may authorize the governing board of any community college district within Orange County to enter into a negotiated sale of real property owned by the district if that governing board previously opened the bidding process two or more times to sell the real property and did not accept any bids. (Added by Stats. 1997, Ch. 57, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81372. Source version: id_fe091795-f549-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. (a) The governing board by majority vote may adopt a rule delegating to an officer or employee of the district the authority to perform the duties required to be performed by the governing board under Section 81370. If a delegation rule is adopted pursuant to this subdivision, the resolution required in Section 81365 shall specify, in lieu of the public meeting of the governing board to be held at its regular place of meeting, the place at which the designated officer or employee will receive and open sealed proposals to purchase or lease. (b) All other provisions of this article not in conflict with the delegation of this authority are applicable. However, the final acceptance of a bid, or rejection of all bids, shall be made by the governing board at a public meeting. (Amended by Stats. 2009, Ch. 390, Sec. 5. (AB 1240) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81374. Source version: id_fe9f23a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81375. Source version: id_01fd3527-f54a-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The governing body may at the session, if it deems it would be for the best public interest, reject any and all bids, and withdraw the property from sale or lease. (Amended by Stats. 2009, Ch. 390, Sec. 7. (AB 1240) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81376. Source version: id_fe9f23a6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. Any resolution of acceptance of any bid made by the governing body authorizes and directs the president of the governing body, or other presiding officer, or the members thereof, to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessee of all the terms or conditions of his contract to be performed concurrently therewith. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81377. Source version: id_fe9f23a8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. Nothing in Sections 81360 to 81363, inclusive, shall prevent the governing board of a community college district from acquiring, leasing or subleasing property pursuant to Section 1261 of the Military and Veterans Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81378. Source version: id_9b6899e0-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The governing board of a community college district, without complying with any other provision of this article, may lease in the name of the district any buildings, grounds, or space therein, together with any personal property located thereon, not needed for school classroom buildings upon terms and conditions agreed upon by the governing board of the district and the lessee for a period not exceeding 14 separate or consecutive calendar days, or portions of those days, in each fiscal year. (Amended by Stats. 2006, Ch. 134, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81378.1. Source version: id_5a6b39a6-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. (a) The governing board of a community college district may, without complying with any other provision of this article, let, in the name of the district, any buildings, grounds, or space therein, together with any personal property located thereon, not needed for academic activities, upon the terms and conditions agreed upon by the governing board and the lessee for a period of more than five days but less than five years, as determined by the governing board. Before executing the lease, the governing board shall include in an agenda of a meeting of the board open to the public a description of the proposed lease and an explanation of the methodology used to establish the lease rate and for determining the fair market value of the lease. (b) The governing board shall give public notice before taking any action pursuant to subdivision (a). The notice shall include a description of the governing board’s intended action. The notice shall be printed once a week for three successive weeks prior to the board meeting described in subdivision (a) in a newspaper of general circulation that is published at least once a week. (c) The governing board shall include, as a condition in any agreement to let any buildings, grounds, or space therein, together with any personal property located thereon, a provision that the agreement shall be subject to renegotiation and may be rescinded after 60 days’ notice to the lessee if the governing board determines at any time during the term of the agreement that the buildings, grounds, or space therein subject to the agreement are needed for academic activities. Any revenue derived pursuant to the agreement shall be retained for the exclusive use of the community college district whose buildings, grounds, or space therein are the basis of the agreement and shall be used to supplement, but not supplant, any state funding. Any buildings, grounds, or space therein let by the district shall be included as space actually available for use by the college in any calculations related to any plan for capital construction submitted to the board of governors pursuant to Chapter 4 (commencing with Section 81800), or any other law. (d) The authority of a governing board under this section does not apply to the letting of an entire campus. (e) The use of any buildings, grounds, or space therein, together with any personal property located thereon, let by the governing board pursuant to this section shall be consistent with all applicable zoning ordinances and regulations. (Amended by Stats. 2013, Ch. 76, Sec. 51. (AB 383) Effective January 1, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81379. Source version: id_fea0aa4e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. In addition to any other authority to lease real property, the governing board of a community college district, by a two-thirds vote of its members, may lease, for a term not exceeding three months, district property having a residence thereon, which cannot be developed for district purposes because of the unavailability of funds. The lease shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81380. Source version: id_fea0aa50-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The governing board of a community college district may, with the approval of the county board of supervisors, sell or lease any building of the district together with the site upon which such building is located, without complying with any other provisions of this article, provided that the county board of supervisors finds that all of the following conditions exist: (a) The sale or lease is to be made to an incorporated nonprofit tax-exempt community or civic organization with a membership comprised predominantly of persons residing in the community in which the building and site are situated. (b) The building is not suitable for school purposes. (c) The building has an historic value and its preservation and utilization for the benefit of the community will best be ensured by sale or lease to an organization specified in subdivision (a). (d) The sale or lease is to be executed for a consideration to inure to the district reflecting the fair market value of the property, or its fair rental value, as the case may be. (e) Adequate provision has been made in connection with the sale or lease transaction to protect the district against all civil liabilities which might arise in connection with any use of the building and site. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81381. Source version: id_fea0aa52-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The governing board of a community college district may lease property in an adjoining district for garage, warehouse, or other utility purposes or may purchase property in an adjoining district for such purposes and may dispose of such property in the same manner as property within the boundary of the district is purchased and disposed of. The power of eminent domain shall not be applicable and such acquisitions by purchase shall be subject to the approval of the governing board of the community college district in which the property is located. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 4. Sale or Lease of Real Property [81360 - 81382] SECTION 81382. Source version: id_fea230f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=4. The failure to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81390. Source version: id_fea230f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. Any community college district may enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private person, firm, or corporation pursuant to this article. As used in this article, “building” includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be occupied jointly by the district and private person, firm, or corporation. It also includes the permanent improvement of school grounds. Any building, or portion thereof, which is used by a private person, firm, or corporation pursuant to this section shall be subject to the zoning and building code requirements of the local jurisdiction in which the building is situated. Section 53094 of the Government Code shall not be applicable to uses of school district property or buildings authorized by this section, except in the case of property or buildings used solely for educational purposes. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81391. Source version: id_fea230fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. Before the governing board of a community college district enters into a lease or agreement pursuant to this article, it shall own a site upon which a building to be used by the district and private person, firm, or corporation may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81392. Source version: id_fea3b79c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. The term of any lease or agreement entered into by a community college district pursuant to this article shall not exceed 66 years. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81393. Source version: id_fea3b79e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. Sections 81360 to 81378, inclusive, shall not apply to leases made pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81394. Source version: id_fea3b7a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. The governing board of a community college district may let to any private person, firm, or corporation, any real property which belongs to the district if the instrument by which such property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the joint use of the district and the private person, firm, or corporation during the term of the agreement; provided that title to that portion of the building to be occupied by the private individual, firm or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to such portion of the building to be occupied by the district shall vest in the district upon completion thereof and acceptance thereof by the district; provided further that no rental fee or other charge for the use of the building shall be paid by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81395. Source version: id_fea3b7a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. Any lease of real property by a community college district to a private person, firm, or corporation pursuant to this article shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article; provided, however, that any such lease or agreement shall be subject to the provisions of Article 2 (commencing with Section 72530) of Chapter 5 of Part 45 of this division. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81396. Source version: id_fea3b7a4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. Before entering into a lease or agreement pursuant to this article, the governing board of a community college district shall comply with the provisions of Section 81397. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81397. Source version: id_fea3b7a6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. For the purposes of receiving proposals for the joint occupancy of a building to be constructed on school property, the board shall, in a regular open meeting, adopt a resolution declaring its intention to consider the proposals. The resolution shall describe the proposed site on which the building to be jointly occupied is to be constructed in such a manner as to identify said site, shall specify the intended use of that portion of the building which is to be occupied by the district and shall fix a time not less than 90 days thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which meeting the board shall receive and consider all plans or proposals submitted. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81398. Source version: id_fea3b7a8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. Notice of adoption of the resolution and the time and place of holding the meeting shall be given by publishing the resolution at least once a week for three weeks in a newspaper of general circulation published in the district if there is one, or if none is published in the district, in a newspaper published in the county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81399. Source version: id_fea53e4a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. At the time and place fixed in the resolution for the meeting of the governing board, the board shall meet and consider all plans and proposals submitted for the joint occupancy of the building to be constructed on the proposed school site. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81400. Source version: id_fea53e4c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. (a) After considering all proposals submitted, the governing board of the community college district shall have the authority, subject to the provisions of Section 81401, to select the plan or proposal which best meets the needs of the district and to enter into a contract incorporating that plan or proposal either as submitted or as revised by the district’s governing board. (b) The governing board shall require any person, firm or corporation with whom it enters into a lease or agreement pursuant to this article to file one of the following, as determined by the governing board: (1) A bond for the performance of the lease or agreement. (2) An irrevocable letter of credit issued by a state or national bank, or federal or state credit union, for the performance of the lease or agreement. (Amended by Stats. 2001, Ch. 430, Sec. 6. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81401. Source version: id_fea53e4e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. Any building constructed for the use of a community college district pursuant to this article is subject to Sections 81130 to 81144, inclusive, and all other provisions of this code relating to the physical structure of school buildings. (Amended by Stats. 1995, Ch. 758, Sec. 117. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 5. Joint Occupancy [81390 - 81402] SECTION 81402. Source version: id_fea53e50-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=5. The provisions of this article prevail over any provisions of law which conflict therewith. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 6. Joint Use, School Property [81420 - 81423] SECTION 81420. Source version: id_fea6c4f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=6. A community college district may enter into a lease or agreement with a city, county, or city and county for the joint occupancy, or a private education institution for its sole occupancy, of the real property and buildings of the district, in accordance with the provisions of this article. (Amended by Stats. 1985, Ch. 293, Sec. 2. Effective July 29, 1985.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 6. Joint Use, School Property [81420 - 81423] SECTION 81421. Source version: id_fea6c4f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=6. As used in this article, “building” includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be jointly occupied and used. It also includes the permanent improvement of school grounds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 6. Joint Use, School Property [81420 - 81423] SECTION 81422. Source version: id_fea6c4f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=6. Prior to entering into a lease or agreement pursuant to this article, the community college district governing board shall determine that the proposed joint occupancy and use of district property or buildings will not interfere with the educational program or activities of any school or class conducted upon the real property or in any such building. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 6. Joint Use, School Property [81420 - 81423] SECTION 81423. Source version: id_fea6c4fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=6. No such lease or agreement shall exceed a term of five years, but may be renewed on the same or different conditions at the end of such term. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] SECTION 81430. Source version: id_fea84b9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=7. The governing boards of any community college district may sell, exchange, grant or quitclaim all or any of its interest in, or may lease for a term not exceeding 99 years, to the federal government or its agencies, to the state, or to any county, city and county, city or special district, or to any other school district, any real property belonging to the district, and which is not or will not at the time of delivery of title or possession be needed for school classroom buildings by the district owning it, as provided in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] SECTION 81431. Source version: id_fea84ba0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=7. Any sale, exchange, lease or grant of an interest in real property by a community college district pursuant to Section 81430 shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] SECTION 81432. Source version: id_fea84ba2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=7. The board shall not enter into and be a party to any such sale, exchange, or lease unless the following conditions have been met: (a) A resolution authorizing such action and prescribing the terms of the sale, exchange, or lease has been adopted by the unanimous vote of all the members elected or appointed to the board; (b) Such resolution has been published in a newspaper published in the district and having a general circulation there; or if there be no such newspaper, then in a newspaper having a general circulation in the district; or, if there is no such newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. Notice shall be published no less than once a week for three weeks prior to the making of the sale, exchange, or the execution of the lease by the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 7. Sale or Lease Between Agencies [81430 - 81433] SECTION 81433. Source version: id_fea84ba4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=7. In any lease made pursuant to this article, it shall be competent to provide that the community college district lessee may purchase the property at an agreed purchase price and that rental paid for the use of the property shall be applied in whole or in part upon the purchase price. The district lessee may cancel the lease at the end of any budgetary year, and in such case shall not be obligated to complete the lease and shall be released from all obligations thereunder. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 8. Gift or Lease of District Property [81440- 81440.] SECTION 81440. Source version: id_fea9d148-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=8. Notwithstanding any other law, no governing board of a community college district shall do either of the following: (a) Make a gift of district real property to any entity that is not established by the district pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45. (b) Lease real property for less than fair rental value, as defined in paragraph (2) of subdivision (c) of Section 82542, to any entity unless the entity meets one of the following conditions: (1) It is established by the district pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45. (2) It is described in Section 82537. (3) It is described in Section 72682. (4) It was in existence on August 31, 1980, and has been or is subsequently recognized by the governing board of a community college district as having a formal relationship with, and working on behalf of, the district or a constituent college thereof. (Added by Stats. 1992, Ch. 39, Sec. 2. Effective January 1, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81450. Source version: id_9d2230c8-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. (a) The governing board of any community college district may sell for cash any personal property belonging to the district if the property is not required for school purposes, or if it should be disposed of for the purpose of replacement, or if it is unsatisfactory or not suitable for school use. There shall be no sale until notice has been given by posting in at least three public places in the district for not less than two weeks, or by publication for at least once a week for a period of not less than two weeks in a newspaper published in the district and having a general circulation there; or if there is no such newspaper, then in a newspaper having a general circulation in the district; or if there is no such newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. The board shall sell the property to the highest responsible bidder or reject all bids. (b) The governing board may choose to conduct any sale of personal property authorized under this section by means of a public auction conducted by employees of the district or other public agencies, or by contract with a private auction firm. The board may delegate to the district employee responsible for conducting the auction the authority to transfer the personal property to the highest responsible bidder upon completion of the auction and after payment has been received by the district. (Amended by Stats. 2006, Ch. 538, Sec. 137. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81450.5. Source version: id_feab57ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. Notwithstanding Sections 81450 and 81452, a community college district may, without providing the notice required by Section 81450, exchange for value, sell for cash, or donate any personal property belonging to the district if all of the following criteria are met: (a) The district determines that the property is not required for school purposes, that it should be disposed of for the purpose of replacement, or that it is unsatisfactory or not suitable for school use. (b) The property is exchanged with, or sold or donated to, a school district, community college district, or other public entity that has had an opportunity to examine the property proposed to be exchanged, sold, or donated. (c) The receipt of the property by a school district or community college district would not be inconsistent with any applicable districtwide or schoolsite technology plan of the recipient district. (Amended by Stats. 2002, Ch. 88, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81451. Source version: id_feab57f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. Notwithstanding the provisions of Section 81450, the governing board of a community college district may, with the consent of a county purchasing agent, utilize his services for the sale of personal property, as authorized by Section 25505 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81452. Source version: id_feab57f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. (a) If the governing board, by a unanimous vote of those members present, finds that the property, whether one or more items, does not exceed in value the sum of five thousand dollars ($5,000), the property may be sold at private sale without advertising, by any employee of the district empowered for that purpose by the board. (b) Any item or items of property having previously been offered for sale pursuant to Section 81450, but for which no qualified bid was received, may be sold at private sale without advertising by any employee of the district empowered for that purpose by the board. (c) If the board, by a unanimous vote of those members present, finds that the property is of insufficient value to defray the costs of arranging a sale, the property may be donated to a charitable organization deemed appropriate by the board, or it may be disposed of in the local public dump on order of any employee of the district empowered for that purpose by the board. (Amended by Stats. 2002, Ch. 88, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81453. Source version: id_feab57f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. The money received from the sale shall be placed to the credit of the fund from which the original expenditure for the purchase of the property was made. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81454. Source version: id_feab57f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. The governing board of any community college district may dispose of personal property belonging to the district for the purpose of replacement by providing in the notice calling for bids for furnishing new materials, articles, or supplies that each bidder shall agree in his bid to purchase the property being replaced and to remove it from the school grounds and shall state in his bid the amount which he will deduct from the price bid for furnishing new materials, articles, or supplies as the purchase price for the personal property being purchased from the district. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81455. Source version: id_feab57f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. The governing board of any community college district may enter into contracts with manufacturers or suppliers for the exchange of household appliances and equipment belonging to the district and used for instructional purposes for new property of like class and kind for a similar use without advertising for or taking bids; provided, the cost to the district for such exchange shall not exceed the excess, if any, of the manufacturer’s or supplier’s selling price of the new property over the original cost to the district of the property being disposed of by the district, plus any applicable tax. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81456. Source version: id_feacde9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. The governing board of any community college district may, when calling for bids and letting contracts for constructing new school buildings, or repairing, altering, adding to, or reconstructing existing school buildings, or demolishing existing school buildings, require each bidder for the performance of the work to agree in his bid to purchase and to remove from the school grounds all old materials required by the specifications to be removed from any existing school building on the same school grounds and not required for school purposes and to state in his bid the amount which he will deduct from the price bid for the work as the purchase price of the old materials. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81457. Source version: id_feacde9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. The governing board of a community college district may authorize any officer or employee of the district to sell to any student personal property of the district which has been fabricated by such student, at the cost to the district of the materials furnished by the district and used therein. (Amended by Stats. 1981, Ch. 470, Sec. 242.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81458. Source version: id_feacde9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. The governing board of a community college district may sell to persons enrolled in classes for adults maintained by the district materials that may be necessary for the making of articles by those persons in the classes. The materials shall be sold at not less than the cost thereof to the district and any article made therefrom shall be the property of the person making it. This section shall become operative January 1, 1992. (Amended (as added by Stats. 1984, 2nd Ex., Ch. 1) by Stats. 1987, Ch. 1118, Sec. 14. Section operative January 1, 1992, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81459. Source version: id_feacdea0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. A community college district may, in accordance with regulations adopted by the governing board of the district and for educational use, sell, give, or exchange for similar published materials, published materials prepared by the district in connection with the curricular and special services that the district is authorized to perform. Unless restricted by the regulations of the governing board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Section 1 of Article IX of the California Constitution. A community college district may also license the use of copyrights held by the district, to the same persons or entities and for the same purposes as provided in the above paragraph. The district shall grant a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher. Any charge which may be assessed such a public agency for the license to use the copyright or for materials, to which the district holds the copyright, shall not exceed the cost to the district of the preparation and reproduction of the materials. Any granting of a license, by a district, to reproduce copyrighted material is declared to be for a public purpose in furtherance of Section 1 of Article IX of the California Constitution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250 - 81563] ARTICLE 9. Sale of Personal Property [81450 - 81460] SECTION 81460. Source version: id_feacdea2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=2.&article=9. Notwithstanding any other provision of law, the governing board of any community college district owning land upon which agricultural products are grown may enter into agreements with an agricultural cooperative or association for the purpose of maintaining, harvesting or selling such products. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 1. General Provisions [81600 - 81606] SECTION 81600. Source version: id_febc2138-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=1. The governing board of a community college district shall manage and control school property within its district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 1. General Provisions [81600 - 81606] SECTION 81601. Source version: id_febda7da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=1. The governing board of a community college district shall furnish, repair, insure against fire, and in its discretion rent the school property of its districts. The governing board may also insure the property against other perils. The insurance shall be written in any admitted insurer, or in any nonadmitted insurer to the extent and subject to the conditions prescribed in Section 1763 of the Insurance Code. Insurance on property of a district may be, in the discretion of the governing board, of the deductible type of coverage. By deductible type of coverage is meant a form of insurance under which the insurance becomes operative when the loss and damage exceeds an amount stipulated in the policy or policies. The governing board, in their notice of bid for district construction, may indicate that it may elect to assume the cost of fire insurance by adding the coverage to the district’s existing policy and in such event bids made on such construction shall be made in the alternative, with and without the fire insurance coverage included, and the governing board shall make its election as to who shall secure and pay for such insurance at the time of accepting the bid. The deductible amount of fire insurance for any community college district may exceed one thousand dollars ($1,000) for each occurrence. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 1. General Provisions [81600 - 81606] SECTION 81602. Source version: id_febda7dc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=1. The governing board of a community college district may, by resolution, establish a fund or funds, as designated by the California Community Colleges Budget and Accounting Manual, for losses, and payments including, but not limited to, health and welfare benefits for its employees as defined by Section 53200 of the Government Code, district property, any liability, and workers’ compensation, in the county treasury for the purpose of covering the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. In the fund or funds shall be placed sums, to be provided in the budget of the district, that will create an amount which, together with investments made from the fund or funds, will be sufficient in the judgment of the governing board to protect the district from such losses or to provide for payments on the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. Nothing in this section shall be construed as prohibiting the governing board from providing protection against such losses to district property or liability for the payment of claims partly by means of the fund or funds and partly by means of insurance written by acceptable insurers as provided in Section 81601. The fund or funds shall be considered as separate and apart from all other funds of the district, and the balance therein shall not be considered as being part of the working cash of the district in compiling annual budgets. Warrants may be drawn on or transfers made from the fund or funds so created only to reimburse or indemnify the community college district for losses as herein specified, and for the payment of claims, administrative costs, related services, and to provide for deductible insurance amounts and purchase of excess insurance. The warrants or transfers shall be within the purpose of the fund or funds as established by resolution of the governing board. The cash placed in the fund or funds may be invested and reinvested by the county treasurer, with the advice and consent of the governing board of the district, in securities which are legal investments for surplus county funds in this state. The income derived from the investments, together with interest earned on uninvested funds, shall be considered revenue of and be deposited in the fund. The cost of contracts or services authorized by this section are appropriate charges against the respective fund. The governing board may contract for investigative, administrative, and claims adjustment services relating to claims. The contract may provide that the contracting firm may reject, settle, compromise and approve claims against the district, its officers or employees, within the limits and for amounts that the governing board may specify, and may provide that the contracting firm may execute and issue checks in payment of such claims, which checks shall be payable only from a trust account which may be established by the governing board. Funds in the trust account established by the board pursuant to the provisions of this section shall not exceed a sum sufficient as determined by the governing board to provide for the settlement of claims for a 30-day period. The rejection or settlement and approval of a claim by the contracting firm in accordance with the terms of the contract shall have the same effect as would the rejection or settlement and approval of such a claim by the governing board. The contract may also provide that the contracting firm may employ legal counsel, subject to terms and limitations that the board may prescribe, to advise the contracting firm concerning the legality and advisability of rejecting, settling, compromising and paying claims referred to said contracting firm by the board for investigation and adjustment, or to represent the board in litigation concerning the claims. The compensation and expenses of the attorney for services rendered to the board shall be an appropriate charge against the appropriate fund. The contract provided for in this section may contain other terms and conditions that the governing board may consider necessary or desirable to effectuate the board’s self-insured programs. In lieu of, or in addition to, contracting for the services described in this section, the governing board may authorize an employee or employees to perform any or all of the services and functions which the board may contract for under the provisions of this section. As used in this section, “firm” includes a person, corporation, or other legal entity, including a county superintendent of schools. Prior to funding health and welfare benefits pursuant to this section, the community college district shall secure the services of an actuary enrolled under subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, to provide actuarial evaluations of the future annual costs of such benefits. The future annual costs as determined by the actuary shall be made public at a public meeting at least two weeks prior to the commencement of funding health and welfare benefits pursuant to this section. (Amended by Stats. 1981, Ch. 931, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 1. General Provisions [81600 - 81606] SECTION 81603. Source version: id_febda7de-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=1. Nothing in the Education Code shall be construed as prohibiting two or more community college districts subject to Section 81601 from performing the powers prescribed in Section 81602, through a joint powers agreement made pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 1. General Provisions [81600 - 81606] SECTION 81605. Source version: id_febda7e0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=1. In community college districts situated within or partly within cities having a population of over five hundred thousand (500,000) as determined by the 1920 federal census any board of education may establish a fund in the county treasury for the purpose of covering fire losses to school property in lieu of carrying fire insurance in admitted insurers as provided in Section 81601 of this code. In such fund shall be placed such sums, to be provided in the budget of the district, as will create an amount which, together with investments made from such fund, will be sufficient in the judgment of the board of education upon the advice of competent actuaries to protect such board of education against losses by fire on all or any part of the school property within its jurisdiction. Nothing contained herein shall be construed as prohibiting the board of education from providing protection against fire losses partly by means of such fund and partly by means of fire insurance written by admitted insurers as provided in Section 81601. Such fund shall be considered as separate and apart from all other funds of the district and the balance therein shall not be considered as being part of the working cash of the district in compiling annual budgets or fixing annual tax rates. Warrants shall not be drawn on or transfers made from the fund so created except to reimburse the district for losses by fire and then only after resolution duly adopted by the county board of education based upon findings by competent appraisers. The cash placed in such fund may be invested and reinvested by the county treasurer with the advice and consent of the county board of education in securities which are legal investments for surplus county funds in this state. The income derived from such investments together with interest earned on uninvested funds shall be considered revenue of and be deposited in such fund. The county treasurer shall make quarterly reports to the county board of education as to the condition of the fund, using as a basis for such report the cost or market value, whichever may be the lower, of the securities held as investments plus the cash in such fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 1. General Provisions [81600 - 81606] SECTION 81606. Source version: id_febda7e2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=1. The governing board of any community college district may grade, pave, construct sewers, or otherwise improve streets and other public places in front of real property owned or controlled by it, and also may construct in immediate proximity to any school or site owned or controlled by the district, pedestrian tunnels, overpasses, footbridges, sewers and water pipes when required for school or administrative purposes, may acquire property, easements and rights-of-way for such purpose, and may appropriate money to pay the cost and expense of the improvements, whether made by the board under contract executed by the board, or under contracts made in pursuance of any of the general laws of the state respecting street improvements, or under other contracts made in pursuance of the charter of any county or municipality. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] SECTION 81620. Source version: id_febf5596-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=2.5. This article shall be known, and may be cited, as the Statewide Energy Management Program. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] SECTION 81621. Source version: id_febf5598-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=2.5. The definitions set forth in this section govern the construction of this article: (a) “Commission” means the State Energy Resources Conservation and Development Commission. (b) “Energy independence” means the utilization of existing and developing technologies to meet energy needs onsite, including, but not necessarily limited to, the utilization of solar, fuel cells, and other renewable and clean onsite energy sources, the optimization of the use of daylighting, the use of passive solar orientation, and the use of construction techniques that minimize energy loss, such as appropriate insulation and lighting fixtures. (c) “Energy management plans” means the plans that community colleges develop with guidance from the Statewide Energy Management Program to implement energy efficiency projects such as sustainable green buildings, renovations, and wind or solar farms that will move the community colleges toward energy independence. (d) “Program” means the Statewide Energy Management Program, established under this article, which is a state program modeled after the Federal Energy Management Program. (e) “Renewable or other distributed energy systems” means alternative efficient sources of energy such as daylighting, photovoltaic panels (rooftops or solar farms), passive solar heating, fuel cells, and steam. Diesel-fueled electric generating systems are not included in this definition. (f) “Sustainable green building” means a building that has been designed to reduce both direct and indirect environmental consequences associated with construction, occupancy, operation, maintenance, and eventual decommissioning, and whose design is evaluated for cost, quality of life, future flexibility, ease of maintenance, energy and resource efficiency, and overall environmental impact, with an emphasis on life-cycle cost analysis. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] SECTION 81622. Source version: id_febf559a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=2.5. (a) (1) In Executive Order D-16-00, issued August 2, 2000, Governor Davis directed state agencies to design and construct buildings that incorporate energy efficiency, resource conservation, and renewable technologies. In his State of the State Address delivered on January 8, 2001, Governor Davis expressed his support for the goal of moving the California Community Colleges toward energy independence. (2) The Federal Energy Management Program, upon which the State Energy Management Program is modeled, has resulted in approximately four dollars ($4) in savings for every one dollar ($1) spent. The federal investment of two billion dollars ($2,000,000,000) in energy efficiency has resulted in savings of six billion three hundred million dollars ($6,300,000,000) on energy bills. (b) In consultation with the commission, the Board of Governors of the California Community Colleges shall further develop and refine certain guidelines for a Statewide Energy Management Program that have been established under an ongoing joint effort of the commission and DeAnza College. This statewide effort shall allow community college districts to achieve energy independence through the development of energy management plans, the construction of sustainable green buildings, the use of renewable or other distributed energy systems, and the expansion of statewide energy education programs and services. (c) By 2010, the program shall, at a minimum, facilitate the completion of 20 district energy management plans, 15 renewable or other distributed energy systems, and three sustainable green buildings on community college campuses statewide. (d) In consultation with the commission, the board of governors shall accomplish all of the following: (1) Review and comment on academic, occupational, and vocational education materials developed by the commission, the Electric Power Research Institute, public utilities, and the community colleges to improve energy education programs and services. (2) Review and recommend actions regarding successful energy education programs and services that can be identified for replication, personnel exchanges, or implementation of successful practices. (3) Review and recommend actions regarding program resources for use by the community colleges or state agencies in improving energy education programs and services. (4) Review exemplary programs and facilities, and recommend activities for adoption, replication, or policy advice. (5) Review, comment, and recommend actions regarding services that will effect energy conservation. (6) Review and comment on funding requests received to improve or enhance energy education. (7) Review and comment on occupational and vocational training programs and services to meet current employment standards in energy occupations. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] SECTION 81623. Source version: id_febf559c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=2.5. The board of governors shall encourage the construction of community college sustainable green buildings that implement energy efficiency, sustainable building concepts, and solar electric, fuel cell, and other technologies. On the effective date of this article, the board of governors shall immediately seek a prototype sustainable green community college instructional building that can be a model for all new construction and retrofit projects statewide. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 2.5. Statewide Energy Management Program [81620 - 81624] SECTION 81624. Source version: id_febf559e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=2.5. The Chancellor of the California Community Colleges shall establish an advisory committee for the Statewide Energy Management Program, and determine the membership of that committee. The advisory committee, with technical assistance from the commission, shall make recommendations to the chancellor regarding overall program development, resource development and deployment, and strategies for implementation and coordination of the program. A leadership role on this committee shall initially be provided by the staff of the commission and DeAnza College who have been involved since 1992 in a joint effort to promote training, energy efficiency, and energy independence in the California Community Colleges. This leadership role shall rotate to other community colleges as they complete their own district energy management plans. (Added by Stats. 2001, 1st Ex. Sess., Ch. 8, Sec. 2. Effective April 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81641. Source version: id_61c91565-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. For the purpose of securing bids or proposals, the governing board of the community college district shall publish at least once a week for two weeks in some newspaper of general circulation published in the district, or if there is no such paper, then in some newspaper of general circulation, circulated in the county, and may post on the district’s Web site or through an electronic portal, a notice calling for bids or proposals, stating the work to be done or materials or supplies to be furnished and the time when and the place where bids or proposals will be opened. Whether or not bids or proposals are opened exactly at the time fixed in the public notice for opening bids or proposals, a bid or proposal shall not be received after that time. (Amended by Stats. 2015, Ch. 366, Sec. 1. (AB 653) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81644. Source version: id_fec0dc44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. Continuing contracts for work to be done, services to be performed, or for apparatus or equipment to be furnished, sold, built, installed, or repaired for the district, or for materials or supplies to be furnished or sold to the district may be made with an accepted vendor as follows: for work or services, or for apparatus or equipment, not to exceed five years; for materials or supplies, not to exceed three years. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81645. Source version: id_9d6c592a-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. The governing board of any community college district may contract with a party who has submitted one of the three lowest responsible competitive proposals or competitive bids for the acquisition, procurement, or maintenance of electronic data processing systems and equipment, electronic telecommunications equipment, supporting software, and related materials, goods, and services, in accordance with procedures and criteria established by the governing board. (Amended by Stats. 2006, Ch. 538, Sec. 138. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81645.5. Source version: id_fec262e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. In addition to utilizing the procedures specified in Article 9 (commencing with Section 81450) of Chapter 2, any community college district may, by direct sale or otherwise, sell to a purchaser any electronic data-processing equipment or other major items of equipment owned by, or to be owned by, the district, if the purchaser agrees to lease the equipment back to the district for use by the district following the sale. The approval by the governing board of the district of the sale and leaseback shall be given only if the governing board finds, by resolution, that the equipment is data-processing equipment or another major item of equipment within the meaning of this section and that the sale and leaseback is the most economical means for providing electronic data-processing equipment or other major items of equipment to the district. (Amended by Stats. 1984, Ch. 173, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81646. Source version: id_0f9e2387-a432-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. Nothing in this code shall preclude the governing board of a community college district from purchasing materials, equipment, supplies, or services under the same terms and conditions as are specified in a contract lawfully awarded by the University of California or the California State University. (Added by Stats. 2015, Ch. 366, Sec. 2. (AB 653) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81651. Source version: id_fec262ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. The governing board of any community college district may purchase supplementary textbooks, library books, and educational films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids. (Amended by Stats. 1989, Ch. 1340, Sec. 1. Effective October 2, 1989.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81653. Source version: id_fec262ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. The governing board of any community college district may purchase from the federal government or any agency thereof any surplus property, as defined in the Surplus Property Act of 1944, in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81655. Source version: id_fec262ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. Wherever in this code the power to contract is invested in the governing board of the community college district or any member thereof, such power may by a majority vote of the board be delegated to its district superintendent, or to such persons as he may designate, or if there be no district superintendent then to such other officer or employee of the district as the board may designate. Such delegation of power may be limited as to time, money or subject matter or may be a blanket authorization in advance of its exercise, all as the governing board may direct; provided, however, that no contract made pursuant to such delegation and authorization shall be valid or constitute an enforceable obligation against the district unless and until the same shall have been approved or ratified by the governing board, said approval or ratification to be evidenced by a motion of said board duly passed and adopted. In the event of malfeasance in office, the district official invested by the governing board with such power of contract shall be personally liable to the district employing him for any and all moneys of the district paid out as a result of such malfeasance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3. Contracts [81641 - 81656] SECTION 81656. Source version: id_fec262f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3. The governing board by majority vote may adopt a rule, delegating to any officer or employee of the district as the board may designate, the authority to purchase supplies, materials, apparatus, equipment, and services. No such rule shall authorize any officer or employee to make any purchases involving an expenditure by the district in excess of the amount specified by Section 20651 of the Public Contract Code. The rule shall prescribe the limits of the delegation as to time, money, and subject matter. All transactions entered into by the officer or employee shall be reviewed by the governing board every 60 days. In the event of malfeasance in office, the community college district officer or employee invested by the governing board with the power to contract shall be personally liable for any and all moneys of the district paid out as a result of the malfeasance. (Amended by Stats. 1985, Ch. 680, Sec. 8.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3.5. Energy Management Systems [81660 - 81663] SECTION 81660. Source version: id_fec3e994-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3.5. Any community college district may enter into an energy management agreement for energy management systems with any person, firm, corporation, or public agency pursuant to this article. As used in this article, “energy management systems” means solar, energy, or solar and energy management systems. (Added by Stats. 1983, Ch. 286, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3.5. Energy Management Systems [81660 - 81663] SECTION 81661. Source version: id_fec3e996-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3.5. In determining the lowest responsible bidder for an energy management system pursuant to Section 20651 of the Public Contract Code, the governing board of any community college district shall consider the net cost or savings of each system. For the purposes of this section, “net cost or savings” means the cost of the system to the district, if any, less the projected energy savings to be realized from the energy management system. The governing board may require an independent evaluation of the projected energy savings. (Amended by Stats. 1995, Ch. 758, Sec. 120. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3.5. Energy Management Systems [81660 - 81663] SECTION 81662. Source version: id_fec3e998-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3.5. The term of any energy management agreement shall not exceed the estimated useful life of the energy management system, but in no event shall the term exceed 15 years. (Added by Stats. 1983, Ch. 286, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 3.5. Energy Management Systems [81660 - 81663] SECTION 81663. Source version: id_fec3e99a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=3.5. (a) The governing board of any community college district may borrow funds from federal or state regulated financial institutions for design and construction costs associated with retrofitting buildings to become more energy efficient. The amount borrowed shall not exceed the amount that can be repaid from energy cost avoidance savings accumulated from the improvement of facilities. (b) Any savings association may make loans or advances of credit pursuant to subdivision (a) in an amount not in excess of 5 percent of its total assets. This investment may be in addition to any other investment savings associations are permitted to undertake. (Added by Stats. 1991, Ch. 1038, Sec. 8. Effective October 14, 1991.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 4. Community College Property [81670 - 81678] SECTION 81670. Source version: id_fec5703e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=4. The governing board of any community college district may construct and maintain dormitories in connection with any community college within the district for use and occupancy by students in attendance at the community college, and shall fix the rates to be charged the students for quarters in the dormitories. (Added by Stats. 1982, Ch. 251, Sec. 17. Effective June 11, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 4. Community College Property [81670 - 81678] SECTION 81676. Source version: id_fec57040-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=4. Any person who is employed in a bookstore maintained by a community college pursuant to this section is a member of the classified service of the district in accordance with Section 88020. In the case of a person who, immediately preceding becoming a member of the classified service of a school district pursuant to this section, was employed, other than as a student or substitute employee, in a community college bookstore maintained by a student body organization, such prior service shall, for all purposes, be deemed service in the classified service of the employing community college district. The disposition and accounting of revenue and expenditures of the bookstore operation shall be as prescribed by the California Community Colleges Budget and Accounting Manual. Net proceeds from the operation of a community college bookstore shall be used for the general benefit of the student body as determined by the governing board. Money may be expended for services and property, including, but not limited to, parking facilities, stadia, student centers, student unions, health centers, bookstores or auxiliary facilities for use of students or faculty members of the community college or employees of the district. Funds derived from the operation of a community college bookstore shall be subject to audit pursuant to Section 84040. (Amended by Stats. 1989, Ch. 1340, Sec. 2. Effective October 2, 1989.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 4. Community College Property [81670 - 81678] SECTION 81677. Source version: id_fec57044-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=4. The governing board of any community college district may establish and operate a fire department upon any community college campus governed by it and located wholly outside any city, fire protection district or other local agency which provides fire protection service. No such fire department shall be established until the board has first received approval in writing from the local agency formation commission for the county in which all or the major portion of such campus is located. The board of trustees of any district within which the fire department is established pursuant to this section may enter into mutual aid agreements with other governmental agencies providing fire protection, and may contract with owners or occupants of property within the vicinity of the campus on which such department is located for fire protection service, but only during such time as such property is not within the territory of any city, fire protection district or other local agency which provides fire protection service. Any fire department established pursuant to this section may be continued notwithstanding the subsequent annexation of any portion of the campus on which it is located to any city, fire protection district or other local agency providing fire protection service. As used in this section, the operation of a fire department shall be deemed to include the maintenance and operation of ambulances and rescue and first aid services. During the time any department is operated pursuant to this section, the board may on behalf of its fire department maintain membership in any local, state or national group or association organized or operated for the promotion or the preservation of life and property from the hazards of fire and panic. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3. Management and Control of Property [81600 - 81678] ARTICLE 4. Community College Property [81670 - 81678] SECTION 81678. Source version: id_fec57046-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.&article=4. (a) As provided in Section 15792 of the Government Code, community college districts are eligible for reimbursement for the purchase of equipment related to a facility, regardless of whether the facility was built or purchased with funds appropriated by the Legislature and that funding for equipment shall be provided in the same manner as for other community college facilities. (b) On or before January 1, 1999, the Board of Governors of the California Community Colleges shall adopt regulations to implement this section. However, prior to adopting these regulations, the Chancellor of the California Community Colleges shall consult with the Department of Finance and the Legislative Analyst. (Added by Stats. 1997, Ch. 342, Sec. 2. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81700. Source version: id_70a2cfac-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= (a) It is the intent of the Legislature to enable community college districts to use safe and cost-effective options for building and modernizing community college facilities. The Legislature has recognized the merits of the design-build procurement process in the past by authorizing its use for projects undertaken by the University of California, specified local government projects, including school districts, and state office buildings. (b) The Legislature also finds and declares that community college districts using a design-build contract require a clear understanding of the roles and responsibilities of each participant in the design-build process. The benefits of a design-build contract project delivery system include accelerated completion of the projects, cost containment, reduction of construction complexity, and reduced exposure to risk for the community college district. The Legislature also finds that the cost-effective benefits to the community college districts are achieved by shifting the liability and risk for cost containment and project completion to the design-build entity. (c) It is the intent of the Legislature to provide an optional, alternative procedure for bidding and building community college construction projects. (d) In addition, it is the intent of the Legislature that the full scope of design, construction, and equipment awarded to a design-build entity under this chapter shall be authorized in a single funding phase. The funding phase may be authorized concurrently with, or separately from, the phase that authorizes the creation of the performance criteria and concept drawings. (e) It is the intent of the Legislature that design-build procurement as authorized by this chapter shall not be construed to extend, limit, or change in any manner the legal responsibility of public agencies and contractors to comply with existing laws. (f) In addition, it is the intent of the Legislature that design-build procurement does not replace or eliminate competitive bidding. (Amended by Stats. 2012, Ch. 736, Sec. 3. (SB 1509) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 81709.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81701. Source version: id_21be55fa-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= As used in this chapter, the following terms have the following meanings: (a) “Best value” means a value determined by objective criteria and may include, but need not be limited to, price, features, functions, life-cycle costs, and other criteria deemed appropriate by the community college district. (b) “Design-build” means a procurement process in which both the design and construction of a project are procured from a single entity. (c) “Design-build entity” means a corporation, limited partnership, partnership, or other association that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract. (Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81702. Source version: id_83b5b1c8-51ca-11de-8eb5-f998ee70d854 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= (a) Upon a determination by a community college district governing board that it is in the best interest of the community college district, the governing board may enter into a design-build contract for both the design and construction of a community college facility if that expenditure exceeds two million five hundred thousand dollars ($2,500,000) if, after evaluation of the traditional design, bid, and build process of community college facility construction and of the design-build process in a public meeting, the governing board makes written findings that use of the design-build process on the specific project under consideration will accomplish one of the following objectives: reduce comparable project costs, expedite the project’s completion, or provide features not achievable through the traditional design-bid-build method. The governing board shall also review the guidelines developed pursuant to Section 81706 and shall adopt a resolution approving the use of a design-build contract pursuant to this chapter prior to entering into a design-build contract. (b) No state funds appropriated for a design-build capital outlay project may be expended until the Department of Finance and the State Public Works Board have approved performance criteria, or performance criteria and concept drawings, for the project to be financed from the appropriation for capital outlay. (Amended by Stats. 2007, Ch. 471, Sec. 7. Effective January 1, 2008. Repealed as of January 1, 2030, pursuant to Section 81709.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81703. Source version: id_dee90015-0c9a-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= Design-build projects shall progress as follows: (a) (1) The community college district governing board shall prepare a request for proposal setting forth the scope of the project that may include, but is not limited to, the size, type, and desired design character of the buildings and site, performance specifications covering the quality of materials, equipment, and workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the community college district’s needs. The performance specifications and any plans shall be prepared by a design professional duly licensed or registered in this state to perform the services required by the Field Act, as defined in Section 17281. The request for proposal shall not include a design-build-operate contract for educational facilities pursuant to this chapter. (2) Each request for proposal shall do all of the following: (A) Identify the basic scope and needs of the project or contract, the expected cost range, and other information deemed necessary by the community college district to inform interested parties of the contracting opportunity. (B) Invite interested parties to submit competitive sealed proposals in the manner prescribed by the community college district. (C) Include a section identifying and describing the following: (i) All significant factors and subfactors that the community college district reasonably expects to consider in evaluating proposals, including cost or price and all nonprice related factors and subfactors. (ii) The methodology and rating or weighting scheme that will be used by the community college district governing board in evaluating competitive proposals and specifically whether proposals will be rated according to numeric or qualitative values. (iii) The relative importance or weight assigned to each of the factors identified in the request for proposal. (iv) As an alternative to clause (iii), the governing board of a community college district shall specifically disclose whether all evaluation factors other than cost or price, when combined, are any of the following: (I) Significantly more important than cost or price. (II) Approximately equal in importance to cost or price. (III) Significantly less important than cost or price. (v) If the community college district governing board wishes to reserve the right to hold discussions or negotiations with responsive bidders, it shall so specify in the request for proposal and shall publish separately or incorporate into the request for proposal applicable rules and procedures to be observed by the community college district to ensure that any discussions or negotiations are conducted in a fair and impartial manner. (3) Notwithstanding Section 4-315 of Title 24 of the California Code of Regulations, an architect or structural engineer who is party to a design-build entity may perform the services set forth in Section 81138. (b) The community college district shall establish a procedure to prequalify design-build entities based on the requirements specified in subdivision (b) of Section 17250.25. (c) (1) On or after July 1, 2020, a design-build entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the community college district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (2) This subdivision shall not apply if any of the following requirements are met: (A) The community college district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the community college district before July 1, 2020. (C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (d) The community college district shall establish a procedure for final selection of the design-build entity. Selection shall be based on either of the following criteria: (1) A competitive bidding process resulting in lump-sum bids by the prequalified or shortlisted design-build entities. Award shall be made on the basis of the lowest responsible bid. (2) Notwithstanding any other provision of this code or of Section 20650 of the Public Contract Code, a community college district may use a design-build competition based upon performance and other criteria set forth by the governing board of the community college district in the solicitation of proposals from prequalified or shortlisted design-build entities. Criteria used in this evaluation of proposals may include, but need not be limited to, the proposed design approach, life-cycle costs, project features, and project functions. However, competitive proposals shall be evaluated by using the criteria and source selection procedures specifically identified in the request for proposal. Once the evaluation is complete, all responsive bidders shall be ranked from the most advantageous to least advantageous to the community college district. A community college district that limits the number of responsible bidders participating in the design-build competition, at any time after a request for a proposal has been issued, shall use the source selection procedures and minimum factors set forth in subparagraph (C). (A) An architectural firm, engineering firm, construction manager, contractor, subcontractor, consultant, or individual retained by the governing board of the community college district directly or indirectly before the award of the project to assist in the planning of the project, including, but not necessarily limited to, the development criteria or preparation of the request for proposal, shall not be eligible to participate in the competition with the design-build entity or to perform work on the project as a subcontractor. (B) The award of the contract shall be made to the responsible bidder whose proposal is determined, in writing by the community college district, to be the best value to the community college district. (C) Proposals shall be evaluated and scored solely on the basis of the factors and source selection procedures identified in the request for proposal. However, the following minimum factors shall each represent at least 10 percent of the total weight or consideration given to all criteria factors: price, technical expertise, life-cycle costs over 15 years or more, acceptable safety record, and, on or before July 1, 2020, skilled labor force availability. (D) The community college district governing board shall issue a written decision supporting its contract award and stating in detail the basis of the award. The decision and the contract file must be sufficient to satisfy an external audit. (E) Notwithstanding any provision of the Public Contract Code, upon issuance of a contract award, the community college district governing board shall publicly announce its awards identifying the contractor to whom the award is made, the winning contractor’s price proposal and its overall combined rating on the request for proposal evaluation factors. The notice of award shall also include the agency’s ranking in relation to all other responsive bidders and their respective price proposals and a summary of the community college district’s rationale for the contract award. (F) For purposes of this chapter, “skilled labor force availability” means that an agreement exists with a registered apprenticeship program that has been approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code and has graduated apprentices in each of the immediately preceding five years. This graduation requirement shall not apply to programs providing apprenticeship training for any craft that has not been deemed by the Department of Labor and the Department of Industrial Relations to be an apprenticeable craft in the five years before enactment of the act adding this section. (G) For purposes of this chapter, a bidder’s “safety record” shall be deemed “acceptable” if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category, or if the bidder is a party to an alternative dispute resolution system as provided for in Section 3201.5 of the Labor Code. (H) For purposes of this chapter, when a community college district determines a design-build entity’s “experience,” the community college district shall give credit only to design-build experience and to California school design and construction experience. (Amended by Stats. 2019, Ch. 492, Sec. 1. (AB 695) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 81709.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81704. Source version: id_eacf6ae7-0c9a-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= (a) Any design-build entity that is selected to design and build a project pursuant to this chapter shall possess or obtain sufficient bonding to cover the contract amount for nondesign services, and errors and omission insurance coverage sufficient to cover all design and architectural services provided in the contract. This chapter does not prohibit a general or engineering contractor from being designated the lead entity on a design-build entity for the purposes of purchasing necessary bonding to cover the activities of the design-build entity. (b) Any payment or performance bond written for the purposes of this chapter shall use a bond form developed by the Department of General Services pursuant to subdivision (g) of Section 14661 of the Government Code. The purpose of this subdivision is to promote uniformity of bond forms to be used on community college district design-build projects throughout the state. (c) (1) All subcontracts that were not listed by the design-build entity in accordance with Section 81703 shall be awarded by the design-build entity in accordance with the design-build process set forth by the community college district in the design-build package. (2) The design-build entity shall do all of the following: (A) Provide public notice of the availability of work to be subcontracted. (B) Provide a fixed date and time on which the subcontracted work will be awarded. (3) Subcontractors bidding on contracts pursuant to this subdivision shall be afforded the protections contained in Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (4) (A) If the community college district elects to award a project pursuant to this section, retention proceeds withheld by the community college district from the design-build entity shall not exceed 5 percent if a performance and payment bond, issued by an admitted surety insurer, is required in the solicitation of bids. (B) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld shall not exceed the percentage specified in the contract between the community college district and the design-build entity. If the design-build entity provides written notice to any subcontractor who is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the community college district and the design-build entity from any payment made by the design-build entity to the subcontractor. (5) In accordance with the provisions of applicable state law, the design-build entity may be permitted to substitute securities in lieu of the withholding from progress payments. Substitutions shall be made in accordance with Section 22300 of the Public Contract Code. (d) (1) For contracts for public works projects awarded before January 1, 2012, the community college district shall establish and enforce a labor compliance program containing the requirements outlined in Section 1771.5 of the Labor Code or shall contract with a third party to operate a labor compliance program containing the requirements outlined in Section 1771.5 of the Labor Code. This requirement shall not apply to projects where the community college district or the design-build entity has entered into a collective bargaining agreement that binds all of the contractors performing work on the project. (2) For contracts for public works projects awarded on or after January 1, 2012, until July 1, 2020, the project shall be subject to the requirements of Section 1771.4 of the Labor Code. (Amended by Stats. 2019, Ch. 492, Sec. 2. (AB 695) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 81709.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81705. Source version: id_23135eb2-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= (a) The minimum performance criteria and design standards established pursuant to this chapter by a community college district for quality, durability, longevity, and life cycle costs, and other criteria deemed appropriate by the community college district shall be adhered to by the design-build entity. Any deviations from those standards may only be allowed by written consent of the community college district. The governing board may, and is strongly encouraged to, retain the services of an architect or structural engineer throughout the course of the project in order to ensure compliance with this chapter. Any architect or structural engineer retained pursuant to this subdivision shall be duly licensed and registered in California. (b) The community college district governing board shall be the employer of the inspector. The project inspector shall be fully independent from any member of the design-build entity and may not have any affiliation with any member of the design-build entity or any of the project subcontractors. The total price of the project shall be determined either upon receipt of the lump-sum bids as set forth in paragraph (1) of subdivision (c) of Section 81703, or by completion of the process pursuant to paragraph (2) of subdivision (c) of Section 81703. (c) The project inspector shall act under the direction of either the Director of General Services or a competent, qualified agent of the community college district. (d) Each contract with a design-build entity shall provide that no construction or alteration of any community college facility pursuant to this section shall commence prior to the receipt of the written approval of the plans, as to the safety of design and construction, from the Department of General Services. Compliance with this provision shall be deemed to be in compliance with Section 81133. (e) The design-build entity shall be liable for building the facility to specifications set forth in the design-build contract in the absence of contractual language to the contrary. (Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81707. Source version: id_23b56b16-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= Each community college district governing board that adopts the design-build process for a project pursuant to this chapter shall submit to the Legislative Analyst a report on the project at the completion of the project. Completion shall have the same meaning as defined in subdivision (c) of Section 7107 of the Public Contract Code. This report shall be submitted within 60 days after completion of the project. The Legislative Analyst shall submit an interim report to the Legislature by January 1, 2005, and a final report to the Legislature by January 1, 2007. The reports shall include, but not be limited to, all of the following information as to each project: (a) The type of facility. (b) The gross square footage of the facility. (c) The company or contractor who was awarded the project. (d) The estimated and actual length of time to complete the project. (e) The estimated and actual project cost. (f) A description of the relative merits of a project procured pursuant to this chapter and similar projects procured pursuant to other provisions of this code. (g) A description of any written protest concerning any aspect of the solicitation, bid, proposal, or award of the design-build project, including the resolution of the protest. (h) Other pertinent information that may be instructive in evaluating whether the design-build method of procurement should be continued, expanded, or prohibited. (i) The findings established pursuant to Section 81702 and a postcompletion evaluation as to whether the findings were achieved. (j) Any Labor Code violations discovered during the course of construction or following completion of the project, as well as any fines or penalties assessed. (Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81708. Source version: id_2405d508-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= A community college district shall not commence any additional design-build projects if 60 days has elapsed after completion of a design-build project without having filed the report to the Legislative Analyst’s Office required pursuant to Section 81707. (Added by Stats. 2002, Ch. 637, Sec. 1. Effective January 1, 2003. Repealed as of January 1, 2030, pursuant to Section 81709.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 3.5. Design-Build Contracts [81700 - 81709] SECTION 81709. Source version: id_2b664d19-0c90-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=3.5.&article= This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date. (Added by Stats. 2019, Ch. 492, Sec. 3. (AB 695) Effective January 1, 2020. Repealed as of January 1, 2030, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 1. Definitions and General Provisions [81800 - 81808] SECTION 81800. Source version: id_fecb8ae4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=1. (a) This chapter shall be known and may be cited as the Community College Construction Act of 1980. (b) The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to provide assistance to community college districts for the construction of community college facilities. The community college system is of general concern and interest to all the people of the state, and the education of community college students is a joint obligation and function of both the state and community college districts. In enacting this chapter, the Legislature considers that there is a need to provide adequate community college facilities that will be required to accommodate community college students resulting from growth in population and from legislative policies expressed through implementation of the Master Plan for Higher Education. (Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 1. Definitions and General Provisions [81800 - 81808] SECTION 81805. Source version: id_fecb8ae6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=1. This chapter shall be administered by the Board of Governors of the California Community Colleges, and for purposes of the administration the board of governors shall adopt all necessary rules and regulations. For purposes of this chapter, the board of governors shall assemble statewide data on facility and construction costs, and on the basis thereof formulate cost standards and construction standards. The formulation of standards shall include also the formulation of average ratios of equipment cost to total project costs, unit equipment costs per faculty or other staff measure, and unit costs related to floor areas. (Amended by Stats. 1990, Ch. 1372, Sec. 566.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 1. Definitions and General Provisions [81800 - 81808] SECTION 81807. Source version: id_fecb8ae8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=1. Funds appropriated for a project of a community college district for purposes of this chapter shall be allocated and disbursed upon order of the Board of Governors of the California Community Colleges, and by warrants of the Controller issued pursuant thereto. (Amended by Stats. 1990, Ch. 1372, Sec. 568.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 1. Definitions and General Provisions [81800 - 81808] SECTION 81808. Source version: id_fecd118a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=1. In the event an existing community college district is included in a newly formed community college district, any unused funds appropriated or authorized to be appropriated for a finally approved project of the included district pursuant to this chapter shall be transferred to the newly formed or including community college district on the date that such district is effective for all purposes, or prior to such effective date where the governing boards of the districts agree to such earlier transfer. (Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 2. Plans for Capital Construction [81820 - 81823] SECTION 81820. Source version: id_fece982e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=2. The governing board of each community college district shall prepare and submit to the Board of Governors of the California Community Colleges a plan for capital construction for community college purposes of the district. The plan shall reflect capital construction for community college purposes of the district for the five-year period commencing with the next proposed year of funding. The five-year plan shall be subject to continuing review by the governing board and annually shall be extended one year, and there shall be submitted to the board of governors, on or before the first day of February in each succeeding year, a report outlining the required modifications or changes, if any, in the five-year plan. (Amended by Stats. 1990, Ch. 1372, Sec. 571.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 2. Plans for Capital Construction [81820 - 81823] SECTION 81821. Source version: id_8baa35ba-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=2. (a) The five-year plan for capital construction shall set out the estimated capital construction needs of the district with reference to at least both of the following elements: (1) The current enrollment capacity of the district expressed in terms of weekly student contact hours and based upon the space and utilization standards for community college classrooms and laboratories adopted by the board of governors. (2) District office, library, and supporting facility capacities as derived from the physical plant standards for office, library, and supporting facilities adopted by the board of governors. (b) The five-year plan for capital construction may also set out the estimated capital construction needs of the district with reference to other elements, including, but not limited to: (1) The plans of the district concerning its future academic and student services programs, and the effect on estimated construction needs that may arise because of particular courses of instruction or subject matter areas or student services to be emphasized. (2) The enrollment projections for each district formulated by the Department of Finance, expressed in terms of weekly student contact hours. The enrollment projections for each individual college and educational center within a district shall be made cooperatively by the Department of Finance and the Chancellor of the California Community Colleges. (3) An annual inventory of all facilities and land of the district using standard definitions, forms, and instructions adopted by the board of governors. (4) An estimate of district funds that shall be made available for capital outlay matching purposes pursuant to regulations adopted by the board of governors. (Amended by Stats. 2014, Ch. 34, Sec. 15. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 2. Plans for Capital Construction [81820 - 81823] SECTION 81822. Source version: id_fece9832-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=2. The board of governors shall review and evaluate the plan for capital construction submitted by the governing board of each community college district in terms of the elements of the capital construction program specified in Section 81821, and shall, on the basis of the review and evaluation, make the revision and changes therein as are appropriate, and notify the district. A similar review and evaluation of continuing five-year plans for capital construction submitted by the governing board of each community college district shall be made. The board of governors shall, promptly after review, notify the governing board of each community college district of the content of the district’s revised plan for capital construction. (Amended by Stats. 1990, Ch. 1372, Sec. 573.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 2. Plans for Capital Construction [81820 - 81823] SECTION 81823. Source version: id_fece9834-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=2. (a) If a community college district maintains colleges, or one college and one or more educational centers, it may additionally submit the plan required by Section 81820 on the basis of each college or educational center maintained by the district, if either of the following circumstances is present such that students will be better served by evaluating the capital outlay program for the district on that basis: (1) the isolation of students within a district in terms of the distance of students from the location of an educational program, or inadequacy of transportation, and student financial inability to meet costs of transportation to an educational program; or (2) the inability of existing colleges and educational centers in the district to meet the unique educational and cultural needs of a significant number of ethnic students. (b) If a district elects to submit such a plan, it shall include therewith justification and documentation for so doing. (c) When a district so elects, the evaluation of the plan pursuant to Section 81822 shall include an evaluation of both of the following: (1) The justification and documentation for so doing, including enrollment projections for individual campuses and centers. (2) The plan as thus submitted. (Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 3. Project Proposals [81836 - 81839] SECTION 81836. Source version: id_fece9838-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=3. The Board of Governors of the California Community Colleges shall: (a) Advise the governing board of each community college district on the acquisition of new college sites, and after a review of available plots, give the governing board of the district in writing a list of the approved locations in the order of their merit, considering especially the matters of educational merit, reduction of traffic hazards, and conformity to the organized regional plans as presented in the master plan of the planning commission having jurisdiction, and charge the governing board of the community college district a reasonable fee as determined by the board of governors for each 10 acres or fraction thereof of schoolsite reviewed. (b) Establish standards for community college facilities. (c) Review plans and specifications for all construction in those community college districts that have submitted plans and specifications therefor to the board of governors for approval. (d) For services rendered for the review of plans and specifications of a proposed project, the board of governors shall charge a reasonable fee as established by it. (e) Approve plans and specifications submitted by governing boards of community college districts, and return without approval and with recommendation for changes, any plans not conforming to established standards. (Amended by Stats. 1990, Ch. 1372, Sec. 577.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 3. Project Proposals [81836 - 81839] SECTION 81837. Source version: id_fed01eda-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=3. The governing board of each community college district, before letting any contract or contracts totaling one hundred fifty thousand dollars ($150,000), or more, in the erection of any new community college facility, or for any addition to, or alteration of, an existing community college facility, shall submit plans therefor to the Board of Governors of the California Community Colleges, and obtain the written approval of the plans by the board of governors. No contract for construction made by any governing board of a community college district contrary to this section is valid, nor shall any public money be paid for erecting, adding to, or altering any facility in contravention of this section. (Amended by Stats. 1990, Ch. 1372, Sec. 578.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 4. Community College Construction Act of 1980 [81800 - 81839] ARTICLE 3. Project Proposals [81836 - 81839] SECTION 81839. Source version: id_fed01edc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=4.&article=3. The governing board of a community college district may include a proposed site in its plans for a project and may enter into an agreement with the owner of property constituting such proposed site whereby the district, for an annual consideration to be borne by the district, is given an option to purchase, or lease with an option to purchase such property at an unspecified future date, as a building site. The existence of such an agreement shall in no way affect the determination of the share of the cost of the project to be borne by the state under this chapter, and the consideration paid by the district for such option or lease shall not be considered part of the cost of the project in determining the state’s share of the funding thereof. Such option or lease agreement shall constitute an obligation of the district and shall not be construed as in any way creating an obligation on the part of the state. (Repealed and added by Stats. 1980, Ch. 910, Sec. 2. Effective September 17, 1980.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81901. Source version: id_fed01ee0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= (a) The governing board of any community college district may issue revenue bonds pursuant to this chapter. (b) The board, for the purpose of this chapter, has power and is hereby authorized, in addition to and amplification of all other powers conferred upon the board by the Constitution of the State of California or by any statute of the State of California: (1) To acquire subject to the state law, by grant, purchase, gift, devise, or lease, or by the exercise of the right of eminent domain, and to hold and use any real or personal property necessary or convenient or useful for the carrying on of any of its powers pursuant to this chapter. (2) To construct, operate, and control any project. (3) To fix rates, rents, or other charges for the use of any project acquired, constructed, equipped, furnished, operated, or maintained by the board, or for services rendered in connection therewith, and to alter, change, or modify the same at its pleasure, subject to any contractual obligation which may be entered into by the board with respect to the fixing of these rates, rents, or charges. (4) To enter into covenants to increase rates or charges from time to time as may be necessary pursuant to any contract or agreement with the holders of any bonds of the board. (5) At any time and from time to time, to issue revenue bonds in order to raise funds for the purpose of establishing any project, of acquiring lands for any project, of acquiring, constructing, improving, equipping, or furnishing any project, of refinancing any project, or for any combination of these purposes, which bonds may be secured as provided in this chapter. (6) To exercise, subject to state law, the right of eminent domain for the condemnation of private property or any right or interest therein. (7) To adopt the rules and regulations as may be necessary to enable the board to exercise the powers and to perform the duties conferred or imposed upon the board by this chapter. (8) Nothing contained in this section or elsewhere in this chapter shall be construed directly or by implication to be in derogation of, or in limitation of, the powers conferred upon or existing in the board by virtue of provisions of the Constitution or statutes of this state. (c) The board shall determine the time, form, and manner of the issuance of revenue bonds. (Amended by Stats. 1990, Ch. 1372, Sec. 582.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81902. Source version: id_fed1a582-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The following terms wherever used in this chapter, or in any indenture entered into pursuant to this chapter, have the following meanings, unless a different meaning appears from the context: (a) “Board” means the governing board of a community college district. (b) “Community college” means a community college maintained by the district issuing bonds under this chapter. (c) “Project” means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more community colleges, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the board as a project in providing for the issuance of revenue bonds. (d) “Bonds” or “revenue bonds” mean the written evidence of any obligation issued by the board, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this chapter, in order to obtain funds with which to carry out the purposes of this chapter, irrespective of the form of such obligations. (e) “Revenues” mean and include any and all fees, rates, rentals, and other charges received or receivable in connection with, and any and all other incomes and receipts of whatever kind and character derived by, the board from the operation of or arising from a project, including any such revenue as may have been or may be impounded or deposited in any fund in the county treasury created by this chapter for the security of any revenue bonds issued hereunder, or for the purpose of providing for the payment thereof or the interest thereon. (f) “Holder of bonds” or “bondholder” or any similar terms mean any person who is the bearer of any outstanding revenue bond or bond registered to bearer or not registered or the registered owner of any such outstanding revenue bond or bond which shall at the time be registered other than to bearer. (g) “Indentures” mean an agreement entered into by the board pursuant to which revenue bonds are issued, regardless of whether such agreement is expressed in the form of a resolution of the board or by other instrument. (h) “Person” includes any individual, firm, corporation, association, copartnership, trust, business trust, or receiver or any trustee or conservator for any thereof, but does not include the state or any public corporation, political subdivision, city, county, district or any agency thereof or of the state. (i) “County treasurer” means the treasurer of the county in which all or a majority of the assessed valuation of the district lies at the time bonds are issued under this chapter. (j) “County” means the county, or city and county, in which all or a majority of the assessed valuation of the community college district lies at the time bonds are issued under this chapter. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81904. Source version: id_fed1a584-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The validity of the authorization and issuance of any revenue bonds by the board is not dependent on or affected in any way by: (a) Proceedings taken by the board for the acquisition, construction, or completion of any project or any part thereof. (b) Any contracts made by the board in connection with the acquisition, construction, or completion of any project. (c) The failure to complete any project for which bonds are authorized to be issued. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81905. Source version: id_fed1a586-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board shall issue revenue bonds in its name and as its obligation, but no bond issued or sold pursuant to this chapter shall be or become a lien, charge, or liability against the State of California, against the community college district, or against the board, or against the property or funds of the state, district, or board, except to the extent of the pledge of revenues or part of revenues of the project, as may be provided by the indenture pursuant to which revenue bonds are issued. Every revenue bond issued by the board shall contain a recital on the face thereof, stating that neither the payment of the principal nor any part thereof, nor any interest thereon, constitutes a debt, liability, or obligation of the State of California or of the community college district. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81907. Source version: id_fed1a588-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The community college board may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates, denominations, form, registration, transfer, and interchange of any revenue bonds and coupons issued pursuant to this chapter, and the terms and conditions on which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. Reference on the face of the bonds to such indenture by its date of adoption, or the apparent date on the face thereof, is sufficient to incorporate all of the provisions of the indenture and of this chapter into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to all of the provisions of the indenture and of this chapter, and is bound thereby. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81908. Source version: id_fed1a58a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= (a) An indenture pursuant to which bonds are issued may include any and all covenants and agreements on the part of the board as the board deems necessary or advisable for the better security of the bonds issued thereunder. An indenture may include a clause, relating to the bonds issued thereunder, requiring the board to do any or all of the following: (1) To pay or cause to be paid punctually the principal of all the bonds and the interest thereon on the date or dates, or at the place or places, and in the manner mentioned in the bonds and in the coupons appertaining thereto in accordance with the indenture. (2) To operate the project continuously, to the extent practicable under conditions as they may from time to time exist, in an efficient and economical manner. (3) To make all necessary repairs, renewals, and replacements to any project, and to keep the project at all times in good repair, working order, and condition. (4) To preserve and protect the security of the bonds and the rights of the holders thereof and to warrant and defend these rights. (5) To pay and discharge or cause to be paid and discharged all lawful claims for labor, materials, and supplies or other charges which, if unpaid, might become a lien or charge upon the revenues, or any part thereof, of any project acquired, constructed, or completed from the proceeds of the sale of the bonds, or upon any physical properties, or which might impair the security of the bonds. (6) To fix, prescribe, and collect rates, rentals, or other charges in connection with the services and facilities furnished from the project acquired, constructed, or purchased from part or all of the proceeds of the bonds, sufficient to pay the principal of and interest on the bonds as they become due and payable, together with additional sums as may be required for any fund created by this chapter, for the further security of these bonds, or as a depreciation charge or other charge in connection with the project. (7) To hold or cause to be held in trust the revenues or any part of the revenues pledged to the payment of the bonds and the interest thereon, or to any reserve or other fund created by this chapter for the further protection of the bonds, and to apply the revenues or any part of revenues or cause them to be applied only as provided in the indenture. (b) An indenture may also include clauses which do any or all of the following: (1) Limit, restrict, or prohibit any right, power, or privilege of the board to mortgage or otherwise encumber, sell, lease, or dispose of any improvements constructed from the proceeds of the bonds, or to enter into any lease or agreement which impairs or impedes the operation of a project, or any part thereof, necessary to secure adequate revenues or which otherwise impairs or impedes the rights of the holders of the bonds with respect to these revenues. (2) Define the power of the board in applying the proceedings of the sale of any issue of bonds for the purpose of acquiring, constructing, or completing any project or any part thereof. (3) Limit the power of the board to issue additional bonds for the purpose of acquiring, constructing, or completing any project or any part thereof. (4) Require, specify, or limit the kind, amount, and character of insurance to be maintained by the board on any project, or any part thereof, and the use and disposition of the proceeds of any insurance thereafter collected. (5) Provide the events of default and the terms and conditions upon which any or all of the bonds of the board then or thereafter issued may become or be declared due and payable prior to maturity, and the terms and conditions upon which this declaration and its consequences may be waived. (6) Designate the rights, limitations, powers, and duties arising upon breach by the board of any of the covenants, conditions, or obligations contained in any indenture. (7) Prescribe a procedure by which the terms and conditions of the indenture may be subsequently amended or modified with the consent of the board and the vote or written assent of the holders of a specified principal amount or specified proportion of the bonds issued and outstanding. The clause may provide for meetings of bondholders and for the manner in which the consent of the bondholders may be given. The clause shall specifically state the effect of an amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining thereto, whether attached thereto or detached therefrom. With respect to any clause providing for the modification or amendment of an indenture, the board may agree that bonds held by the county treasurer, the United States or any instrumentality thereof, or the State of California or any political subdivision thereof (including every municipal corporation, district, public corporation, board, or agency of any kind or class) shall not be counted as outstanding bonds, or be entitled to vote or assent, but shall, nevertheless, be subject to modification or amendment. (8) Provide for other acts and matters as may be necessary, convenient, or desirable in order to better secure the bonds or to make the bonds more marketable. (c) The board may provide in an indenture for the carrying of liability or property or any other insurance in any amount or character it shall determine, and for the payment of the premiums thereon. (d) The board may include in an indenture the limitations as to competitive projects, both as to location and comparative rentals, as may be deemed necessary or desirable for the security of revenue bonds issued pursuant to this chapter. (e) The board may include in an indenture a covenant that no project acquired, constructed, or completed from the proceeds of revenue bonds issued under the provisions of this chapter shall be used without charge therefor or any facilities thereof be furnished free of charge to any person. (Amended by Stats. 1990, Ch. 1372, Sec. 585.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81909. Source version: id_fed32c2c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= An indenture may provide that payments of principal and interest of bonds shall be secured by all or by part of revenues. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81925. Source version: id_fed32c2e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The county treasurer shall act as trustee for the board and the holders of bonds issued pursuant to this chapter. The board may authorize the trustee to act on behalf of the holders of the bonds, or any stated percentage thereof, and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders. The board may provide in the indenture for the deposit of all revenues received from the project with the trustee to be held in a separate account in the community college dormitory revenue fund of the district created by this chapter. The money in that fund shall be disbursed only as provided in the indenture. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81926. Source version: id_fed4b2d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board shall prescribe the duties and powers of the trustee with respect to the issuance, authentication, sale, and delivery of the bonds and the payment of principal and interest thereof, the redemption of the bonds, the registration and discharge from registration of the bonds, and the management of any sinking fund or other funds provided as security for the bonds. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81927. Source version: id_fed4b2d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board may provide for one or several issues of bonds and may issue bonds in series or may divide any issue into one or more divisions and fix different maturities or dates of such bonds, different rates of interest, or prescribe different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security, or be of the same interest rate, but the terms thereof shall in each case be provided for by the board at or prior to the issue thereof. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81928. Source version: id_fed4b2d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Bonds may be issued as coupon bonds or as registered bonds. The board may provide for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that the bonds shall be registered as to principal only, or as to both principal and interest, or otherwise as the board may determine. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81929.5. Source version: id_fed4b2d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Bonds shall bear interest at a rate of not to exceed 12 percent per annum, payable annually or semiannually, or in part annually and in part semiannually. (Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81930. Source version: id_fed4b2d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Bonds may be callable upon such terms and conditions, and upon such notice, as the board may determine, and upon the payment of such premium as may be fixed by the board in the proceedings for the issuance of the bonds. No bond is subject to call or redemption prior to its fixed maturity date unless the right to exercise the call is expressly stated on the face of the bond. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81932. Source version: id_fed6387a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board may provide for the execution and authentication of bonds by the manual, or by lithographed or printed facsimile, signature of officers of the board and by additional authentication by the county treasurer as trustee. If any of the officers whose signatures or countersignatures appear upon the bonds or coupons cease to be officers before the delivery of the bonds or coupons, their signatures or countersignatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the bonds and coupons. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81933. Source version: id_fed6387c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Bonds shall bear dates prescribed by the board. Bonds may be serial bonds or sinking fund bonds with such maturities as the board may determine. No bond by its terms shall mature in more than 50 years from its own date and, in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date authorized by this section shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81934. Source version: id_fed6387e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Immediately after the adoption of a resolution by the board, directing the preparation of any bonds authorized under this chapter, the county treasurer shall prepare the requisite number of suitable bonds of the denominations and in accordance with the specifications contained in the resolution. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81935. Source version: id_fed63880-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= When the bonds authorized to be issued under this chapter are duly executed, they shall be sold by the county treasurer, for cash, in such parcels and numbers as directed by the board, after a resolution requesting the sale has been adopted by the board. Before offering any of the bonds for sale, the treasurer shall detach therefrom all coupons, if any, which have matured or will mature before the day fixed for the sale. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81936.5. Source version: id_fed63882-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Bonds may be sold at either public or private sale. The board may fix terms and conditions for the sale or other disposition of any authorized issue of bonds. The county treasurer, when authorized by resolution of the board, may sell bonds at less than their par or face value, but no bond may be sold at a price below the par or face value thereof which would result in a sale price yielding to the purchaser an average of more than 12 percent per annum, payable semiannually, according to standard tables of bond values. (Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81937. Source version: id_fed63884-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board may provide for the security of bonds. The board may use and expend all or any part of any funds or proceeds of any property owned by it, whether received by gift, appropriation, or otherwise, if not restricted as to the use of such funds or proceeds of property by the terms of any gift or trust or provision of law for the redemption of bonds issued pursuant to the provisions of this chapter and the payment of interest due thereon. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81938. Source version: id_fed7bf26-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= All costs and expenses incident to the issuance and sale of bonds may be paid out of the proceeds of the sale of the bonds. Interest on bonds may be paid out of the proceeds of the sale of the bonds during the actual construction of any project for the acquisition, construction, or completion of which the bonds have been issued, and for a period of not to exceed two years thereafter as provided for in the indenture. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81939. Source version: id_fed7bf28-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board may provide that the bonds and the interest thereon shall be secured by all or by part of revenues of a project upon the basis of which revenue bonds are issued or authorized to be issued, and shall constitute such lien upon the revenues of such project as may be provided for in the indenture. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81940. Source version: id_fed7bf2a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Pending the actual issuance or delivery of revenue bonds, the board may issue temporary or interim bonds, certificates or receipts of any denomination whatsoever, and with or without coupons, to be exchanged for definitive bonds when ready for delivery. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81941. Source version: id_fed7bf2c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board may provide for the replacement of lost, destroyed, or mutilated bonds or coupons. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81942. Source version: id_fed7bf2e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Bonds issued pursuant to the provisions of this chapter and the interest or income therefrom are exempt from all taxation in this state other than gift, inheritance, and estate taxes. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81943. Source version: id_fed7bf30-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Notwithstanding any other provision of law, all bonds sold and delivered pursuant to this chapter are legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, the state school funds, and any public or private funds which may be invested in county, municipal, or community college district bonds, and may be deposited as security for the performance of any act whenever the bonds of any county, municipality, or community college district may be so deposited, and may also be used as security for the deposit of public moneys in banks in this state. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81944. Source version: id_fed945d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds issued under the provisions of this chapter. All provisions of this chapter applicable to the issuance of revenue bonds are applicable to the funding or refunding bonds and to the issuance, sale, or exchange thereof. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81945. Source version: id_fed945d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Funding or refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds to be funded or refunded thereby, and in addition for the payment of all expenses incident to the calling, retiring, or paying of the outstanding bonds, and the issuance of the funding or refunding bonds. These expenses include the difference in amount between the par value of the funding or refunding bonds and any amount less than par for which the funding or refunding bonds are sold, any amount necessary to be made available for the payment of interest upon such funding or refunding bonds from the date of sale thereof to the date of payment of the bonds to be funded or refunded or to the date upon which the bonds to be funded or refunded will be paid pursuant to the call thereof or agreement with the holders thereof, and the premium, if any, necessary to be paid in order to call or retire the outstanding bonds and the interest accruing thereon to the date of the call or retirement. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81946. Source version: id_fed945d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= All bonds issued under the provisions of this chapter are negotiable instruments, except when registered in the name of a registered owner. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81947. Source version: id_fedacc78-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Before issuing any bonds pursuant to this chapter, the board shall by resolution declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for that purpose. The bonds shall not be issued or sold for that purpose in an amount exceeding the specified maximum except with the consent of bondholders, pursuant to amendment or modification of an indenture, as provided in Section 81908. Nothing in this section shall be construed to prevent the board from amending any resolution prior to the issuance of bonds authorized thereby to increase or decrease the maximum amount of bonds to be issued or sold. The issuance of bonds for one or more projects may be included in a single resolution of authorization. (Amended by Stats. 1990, Ch. 1372, Sec. 602.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81949. Source version: id_fedacc7a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board may construct any project and acquire all property necessary therefor on such terms and conditions as it may deem advisable. When any part of the work is to be done or performed by any public body or by the United States jointly or in conjunction with the board, the portion of the cost thereof to be borne by the board may be turned over to the government of the United States or to any other public body to be expended by it in the acquisition, construction, or completion of the project. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81950. Source version: id_fedacc7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Title to all property acquired by the board and the revenues and income therefrom is in the community college district. The title to any moneys, revenues, sinking funds, reserve funds, and other funds created by this chapter and the income thereof pledged to the payment of the principal or interest or any bonds issued thereunder is subject to trusts declared in favor of the bondholders. All such property, and the income therefrom, are exempt from all taxation by the State of California or by any county, city and county, city, district, political subdivision, or public corporation thereof. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81951. Source version: id_fedacc7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= At all times the operation, maintenance, control, repair, construction, reconstruction, alteration, and improvement of any project are vested in the board subject to authorized leases permitted by any indenture. The board shall comply with all applicable county and city zoning, building, and health regulations. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81952. Source version: id_fedacc80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board may use for the payment of the costs of acquisition, construction, or completion of any project, any funds made available to the board by the State of California or any other funds provided by the board from any source, to be expended for the accomplishing of the purposes set forth in this chapter, together with the proceeds of revenue bonds issued and sold by the board. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81955. Source version: id_fedacc82-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= When authorized by resolution of the board, as provided in this chapter, the county treasurer shall prepare and procure the printing or engrossing of bonds, coupons, indenture, or other instruments and contracts or agreements of every kind required or convenient for or pertaining to the issuance or sale of bonds. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81956. Source version: id_fedc5324-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The board shall fix rents, charges, and fees for all projects acquired, constructed, or completed under the terms of this chapter for the use thereof by any persons utilizing the facilities thereof, subject to such contractural obligations as may be entered into by the board and the holders of bonds issued under this chapter. The board is authorized to change rents, charges, and fees from time to time, as conditions warrant. All rents, charges, and fees shall at all times be fixed to yield annual revenue equal to annual operating and maintenance expenses, including repairs and insurance costs and all redemption payments and interest charges and reserve fund requirements on revenue bonds at any time issued and outstanding hereunder, as the same become due. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81960. Source version: id_fedc5326-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The holder of any bond issued pursuant to this chapter may by mandamus or other appropriate proceeding require and compel the performance of any of the duties imposed upon the board or upon any official or employee or assumed by any thereof, in connection with the acquisition, construction, operation, maintenance, repair, reconstruction, or insurance of any project, or the collection, deposit, investment, application, and disbursement of rents, rates, charges, fees, and all other revenues derived from the operation and use of any project or in connection with the deposit, investment, and disbursement of the proceeds received from the sale of bonds under this chapter. The enumeration of such rights and remedies do not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds issued pursuant to this chapter. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81961. Source version: id_fedc5328-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= The proceeds from the sale of all bonds authorized under the provisions of this chapter shall be deposited forthwith by the county treasurer, on order of the county auditor, in the county treasury to the credit of a construction fund as designated by the California Community Colleges Budget and Accounting Manual in each county treasury for each district in the county issuing bonds pursuant to this chapter. The money in such construction fund shall be expended, pursuant to claims filed by the board with the county auditor, for the purposes authorized by this chapter, or as provided in the indenture, and for such other purposes, subject to the restrictions provided by law or by the indenture, as may be authorized by resolution of the board. Moneys required to meet the costs of acquisition or construction and all expenses and costs incidental to the acquisition, construction, furnishing, and equipping of any project authorized by this chapter shall be paid from the construction fund as herein provided upon claim filed by the board and after audit by the county auditor in the manner provided by law and upon warrants drawn by the county auditor. (Repealed (by Sec. 23) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81962. Source version: id_fedc532a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= All revenues received from the operation of any project acquired or constructed by the board under the provisions of this chapter shall be transmitted by the board at least once in every calendar month, to the county treasurer. On order of the county auditor, the county treasurer shall deposit such revenues in the county treasury to the credit of the revenue fund as designated by the California Community Colleges Budget and Accounting Manual in each county treasury for each district in the county issuing bonds under this chapter. Moneys in the designated revenue fund shall be used to pay the costs of operation and maintenance of the projects authorized by this chapter, including refunds authorized by Section 81957, to provide the amounts required for interest and redemption of bonds as provided in this chapter, and for any other purposes authorized by resolution of the board, subject to any restrictions provided by law or the indenture. (Repealed (by Sec. 24) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81963. Source version: id_feddd9cc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= For the payment of the principal and interest of the bonds authorized to be issued under this chapter, a fund as designated by the California Community Colleges Budget and Accounting Manual shall be established for interest and redemption in each county treasury for each community college district issuing bonds under this chapter. From the money deposited in the designated construction fund of the district, the county treasurer, on order of the county auditor, shall transfer to the designated interest and redemption fund of the district such sums as may be required to pay the interest as it becomes due on all bonds sold and outstanding for the construction or acquisition of a particular project of the district authorized under this chapter during the period of actual construction or acquisition thereof and during such period thereafter as may be provided in the indenture or authorized by resolution of the board. The county treasurer, on order of the county auditor, shall thereafter transfer from the designated revenue fund of the district to the designated interest and redemption fund of the district such sums as may be required to pay the interest on the bonds and redeem the principal thereof as such interest payments and bond redemptions fall due for all bonds issued under the provisions of this chapter. (Repealed (by Sec. 25) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81964. Source version: id_feddd9ce-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Any balance remaining in any of the funds created by this chapter after payment of all costs, expenses, and charges authorized to be expended therefrom, may be allocated and used for such other purposes incidental to the acquisition, construction, furnishing, equipping, operation, and maintenance of such projects authorized under the provisions of this chapter as the board may determine. (Added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81965. Source version: id_feddd9d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= Moneys in the designated construction fund of each district may be invested by the board, subject only to the limitations contained in an indenture providing for the issuance of revenue bonds. All securities or other investments made under the provisions of this chapter shall be held by the county treasurer as custodian thereof. All interest or other earnings received pursuant to such investments shall be collected by the county treasurer, and, on order of the county auditor, shall be deposited in the county treasury to the credit of the fund from which such interest or other earnings are derived. (Repealed (by Sec. 26) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 5. Community College Revenue Bond Act of 1961 [81901 - 81966] SECTION 81966. Source version: id_feddd9d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=5.&article= After all of the revenue bonds are fully paid and discharged, or provision for their payment and discharge has been irrevocably made, any surplus moneys in the designated construction fund of a district shall, subject to the limitations and restrictions in any indenture providing for the issuance of the revenue bonds, remain available for the acquisition of sites for, and for the construction, equipping, and furnishing of, buildings for community colleges maintained by the district. (Repealed (by Sec. 27) and added by Stats. 1982, Ch. 251, Sec. 28. Effective June 11, 1982. Operative July 1, 1982, by Sec. 47 of Ch. 251.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 7. Supplementary Services [82305.6 - 82322] ARTICLE 1. Transportation [82305.6- 82305.6.] SECTION 82305.6. Source version: id_10569d8c-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=7.&article=1. When the governing board of a community college district provides for the transportation of students to and from community colleges, the governing board of the district may require the parents and legal guardians of all or some of the students transported, to pay a portion of the cost of the transportation in an amount determined by the governing board. The amount determined by the board shall be no greater than that paid for transportation on a common carrier or municipally owned transit system by other students in the district who do not use the transportation provided by the district. The governing board shall exempt from the charges students of parents and legal guardians who are indigent as set forth in rules and regulations adopted by the board. No charge under this section shall be made for the transportation of students with disabilities. Nothing in this section shall be construed to sanction, perpetuate, or promote the racial or ethnic segregation of students in the community colleges. (Amended by Stats. 2007, Ch. 569, Sec. 54. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 7. Supplementary Services [82305.6 - 82322] ARTICLE 2. Schoolbuses [82321 - 82322] SECTION 82321. Source version: id_fedf607c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=7.&article=2. A schoolbus is any motor vehicle designed, used, or maintained for the transportation of any school pupil at or below the 12th-grade level to or from a public or private school or to or from public or private school activities. The governing board of a district maintaining a community college may, by resolution, designate any motor vehicle operated by or for the district, a schoolbus within the meaning of this section, if it is primarily used for the transportation of community college students to or from a public community college or to or from public community college activities. The designation shall not be effective until written notification thereof has been filed with the Department of the California Highway Patrol. (Amended by Stats. 1990, Ch. 1372, Sec. 612.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 7. Supplementary Services [82305.6 - 82322] ARTICLE 2. Schoolbuses [82321 - 82322] SECTION 82322. Source version: id_fee0e71e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=7.&article=2. (a) Notwithstanding Section 82321, a motor vehicle is not a schoolbus if it is operated for the purpose of transporting any pupil to or from a community college or to or from activities at that college, irrespective of the age of the pupil or the grade level of the pupil, if the pupil is a current enrollee in classes of the college providing the transportation. (b) A driver of a motor vehicle that meets the criteria established by subdivision (a) shall escort pupils as required by paragraph (3) of subdivision (c) of Section 22112 of the Vehicle Code and shall meet the requirements of Section 12517 of the Vehicle Code. (c) This section shall apply to a community college district that includes within its boundaries one or more counties, each of which has a population of 250,000 or less. (Amended by Stats. 1995, Ch. 542, Sec. 2. Effective October 4, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 8. Miscellaneous [82537 - 82548] ARTICLE 2. Use of School Property, Public Purposes [82537 - 82548] SECTION 82537. Source version: id_4dd2feb3-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=8.&article=2. (a) There is a civic center at each and every community college within the state and the governing board of a community college district may authorize the use, by the community and organizations, of any civic center or other properties under their control, pursuant to this article. (b) The governing board of any community college district may grant the use of community college facilities or grounds for public, literary, scientific, recreational, educational, or public agency meetings, or for the discussion of matters of general or public interest upon terms and conditions that the governing board deems proper, and subject to the limitations, requirements, and restrictions set forth in this article. (c) No use shall be granted in a manner that constitutes a monopoly for the benefit of any person or organization. (d) The use of any community college facility and grounds for any meeting is subject to reasonable rules and regulations as the governing board of the community college district prescribes, and shall not interfere with the use and occupancy of the community college facilities and grounds, as is required for purposes of the community colleges of the state. (e) The management, direction, and control of the civic center is vested in the governing board of the community college district. (f) The governing board of the community college district shall make all needful rules and regulations for conducting the civic meetings and for such recreational activities as are provided for in this chapter and that aid, assist, and lend encouragement to the activities. (Amended by Stats. 2023, Ch. 66, Sec. 1. (AB 1151) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 8. Miscellaneous [82537 - 82548] ARTICLE 2. Use of School Property, Public Purposes [82537 - 82548] SECTION 82542. Source version: id_15483656-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=8.&article=2. (a) Except as provided in subdivision (b), the governing board of a community college district may grant without charge the use of any college facilities or grounds under its control, pursuant to the requirements of this article, when an alternative location is not available, to nonprofit organizations and clubs and associations organized for athletic activities for youth, charitable purposes, educational purposes, or the civic well-being of the community. (b) For purposes of subdivision (a), the governing board of a community college district may charge an amount not to exceed the following: (1) The cost of opening and closing the facilities, if no community college employees would otherwise be available to perform that function as a part of their normal duties. (2) The cost of a community college employee’s presence during the organization’s use of the facilities, if the governing board determines that the supervision is needed, and if that employee would not otherwise be present as part of the employee’s normal duties. (3) The cost of janitorial services, if the services are necessary, and would not have otherwise been performed as part of the janitor’s normal duties. (4) The cost of utilities directly attributable to the organization’s use of the facilities. (c) The governing board of a community college district may charge an amount not to exceed its direct costs or not to exceed the fair rental value of college facilities and grounds under its control, and pursuant to the requirements of this article, for activities other than those specified in subdivision (a). A governing board that decides to levy these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs and which activities shall be charged an amount not to exceed fair rental value. (d) (1) As used in this section, “direct costs” to the community college district for the use of college facilities or grounds includes all of the following: (A) The share of the costs of supplies, utilities, janitorial services, services of any other community college district employees, and salaries paid to community college district employees to operate and maintain college facilities or grounds that is proportional to the organization’s use of the college facilities and grounds of the community college district pursuant to this section. (B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the college facilities or grounds by the organization using the college facilities or grounds under this section. For purposes of this subparagraph, “college facilities” shall be limited to only nonclassroom space, and “grounds” shall include, but not be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. (2) The share of the costs for maintenance, repair, restoration, and refurbishment shall not apply to either of the following: (A) Classroom-based programs that operate after school hours, including, but not limited to, after school programs, tutoring programs, or childcare programs. (B) Organizations retained by the college or community college district to provide instruction or instructional activities to students during school hours. (3) Funds collected pursuant to this subdivision shall be deposited into a special fund that shall only be used for purposes of this section. (e) By December 31, 2015, the Chancellor of the California Community Colleges shall develop, and the Board of Governors of the California Community Colleges shall adopt, regulations to be used by a governing board of a community college district in determining the proportionate share and the specific allowable costs that a community college district may include as direct costs for the use of its college facilities or grounds. (f) As used in this section, “fair rental value” means the direct costs to the community college district, plus the amortized costs of the college facilities or grounds used for the duration of the activity authorized. (g) The governing board of a community college district that authorizes the use of college facilities or grounds for the purpose specified in subdivision (h) shall charge the church or religious denomination an amount at least equal to the fair rental value of the facilities or grounds. (h) The governing board of a community college district may grant the use of college facilities or grounds to any church or religious organization for the conduct of religious services for temporary periods where the church or organization has no suitable meeting place for the conduct of these services upon the terms and conditions as the governing board deems proper, and subject to the limitations, requirements, and restrictions set forth in this article. The governing board shall charge the church or religious organization using the property for the conduct of religious services a fee as specified in subdivision (g). (i) For entertainment or a meeting where an admission fee is charged or a contribution is solicited and the net receipts of the admission fees or contributions are not expended for the welfare of the students of the community college district or for charitable purposes, a charge not less than fair rental value shall be levied for the use of the college facilities, property, and grounds, as determined by the governing board of the community college district. (j) The governing board of a community college district may permit the use, without charge, by organizations, clubs, or associations organized for youth or senior citizens and for cultural activities. (k) The governing board of a community college district may grant the use of college facilities, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare, and may cooperate with these agencies in furnishing and maintaining services deemed by the governing board to be necessary to meet the needs of the community. (l) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date. (Amended (as amended by Stats. 2023, Ch. 66, Sec. 2) by Stats. 2024, Ch. 349, Sec. 1. (AB 1142) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. See later operative version, as amended by Sec. 2 of Stats 2024, Ch. 349.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 8. Miscellaneous [82537 - 82548] ARTICLE 2. Use of School Property, Public Purposes [82537 - 82548] SECTION 82542. Source version: id_1fc79718-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=8.&article=2. (a) Except as provided in subdivision (b), the governing board of a community college district may grant without charge the use of any college facilities or grounds under its control, pursuant to the requirements of this article, when an alternative location is not available, to nonprofit organizations and clubs and associations organized for athletic activities for youth, charitable purposes, educational purposes, or the civic well-being of the community. (b) For purposes of subdivision (a), the governing board of a community college district may charge an amount not to exceed the following: (1) The cost of opening and closing the facilities, if no community college employees would otherwise be available to perform that function as a part of their normal duties. (2) The cost of a community college employee’s presence during the organization’s use of the facilities, if the governing board determines that the supervision is needed, and if that employee would not otherwise be present as part of the employee’s normal duties. (3) The cost of janitorial services, if the services are necessary, and would not have otherwise been performed as part of the janitor’s normal duties. (4) The cost of utilities directly attributable to the organization’s use of the facilities. (c) The governing board of a community college district may charge an amount not to exceed its direct costs or not to exceed the fair rental value of college facilities and grounds under its control, and pursuant to the requirements of this article, for activities other than those specified in subdivision (a). A governing board that decides to levy these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs and which activities shall be charged an amount not to exceed fair rental value. (1) As used in this section, “direct costs” to the community college district for the use of college facilities or grounds means those costs of supplies, utilities, janitorial services, services of any other community college district employees, and salaries paid community college district employees necessitated by the organization’s use of the college facilities and grounds of the community college district. (2) As used in this section, “fair rental value” means the direct costs to the community college district, plus the amortized costs of the college facilities or grounds used for the duration of the activity authorized. (d) The governing board of a community college district that authorizes the use of college facilities or grounds for the purpose specified in subdivision (e) shall charge the church or religious denomination an amount at least equal to the fair rental value of the facilities or grounds. (e) The governing board of a community college district may grant the use of college facilities or grounds to any church or religious organization for the conduct of religious services for temporary periods where the church or organization has no suitable meeting place for the conduct of these services upon the terms and conditions as the governing board deems proper, and subject to the limitations, requirements, and restrictions set forth in this article. The governing board shall charge the church or religious organization using the property for the conduct of religious services a fee as specified in subdivision (d). (f) For entertainment or a meeting where an admission fee is charged or a contribution is solicited and the net receipts of the admission fees or contributions are not expended for the welfare of the students of the community college district or for charitable purposes, a charge shall be made for the use of the college facilities, property, and grounds, which charge shall not be less than the fair rental value for the use of the college facilities, property, and grounds, as determined by the governing board of the community college district. (g) The governing board of a community college district may permit the use, without charge, by organizations, clubs, or associations organized for youth or senior citizens and for cultural activities. (h) The governing board of a community college district may grant the use of college facilities, grounds, and equipment to public agencies, including the American Red Cross, for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare, and may cooperate with these agencies in furnishing and maintaining services deemed by the governing board to be necessary to meet the needs of the community. (i) This section shall be operative on and after January 1, 2030. (Amended (as amended by Stats. 2023, Ch. 66, Sec. 3) by Stats. 2024, Ch. 349, Sec. 2. (AB 1142) Effective January 1, 2025. Operative January 1, 2030, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 8. Miscellaneous [82537 - 82548] ARTICLE 2. Use of School Property, Public Purposes [82537 - 82548] SECTION 82543. Source version: id_c0e78dd5-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=8.&article=2. Notwithstanding any other law, if the governing board of a community college district authorizes the use of any of the community college district’s facilities or grounds pursuant to this article, the community college district shall give priority access to the use of those facilities or grounds to organizations, clubs, and associations, including athletic associations for youth, that serve people from socioeconomically disadvantaged communities. (Added by Stats. 2023, Ch. 66, Sec. 4. (AB 1151) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 8. Miscellaneous [82537 - 82548] ARTICLE 2. Use of School Property, Public Purposes [82537 - 82548] SECTION 82544. Source version: id_fee26dca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=8.&article=2. Lighting, heating, janitor service, and the services of the person when needed, and other necessary expenses, in connection with the use of community college buildings and grounds pursuant to this article, shall be provided for out of the county or special school funds of the respective community college districts in the same manner and by the same authority as similar services are provided for. (Amended by Stats. 1981, Ch. 470, Sec. 278.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 49. COMMUNITY COLLEGES, EDUCATION FACILITIES [81003 - 82548] CHAPTER 8. Miscellaneous [82537 - 82548] ARTICLE 2. Use of School Property, Public Purposes [82537 - 82548] SECTION 82548. Source version: id_6b958e49-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=49.&chapter=8.&article=2. The governing board of a community college district may require a person, group, or organization granted the use of community college district property pursuant to this article to obtain a certificate of insurance from a liability insurance carrier and to submit that certificate to the district for approval before using district property. The certificate shall evidence a minimum coverage of one million dollars ($1,000,000) for liability for injury or damage to property which may arise out of that use of community college district property. The governing board of a community college district may require more than that minimum coverage. (Amended by Stats. 2023, Ch. 66, Sec. 5. (AB 1151) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 1. Moneys to Districts [84000 - 84001] SECTION 84000. Source version: id_fee701b4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=1. No assessor, tax collector, city, city and county, or county treasurer shall charge or receive any fees or compensation for assessing, collecting, receiving, keeping, or disbursing any school moneys, but the whole moneys collected shall be paid to the city, city and county, or county treasurer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 1. Moneys to Districts [84000 - 84001] SECTION 84001. Source version: id_fee701b6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=1. It is the intent of the Legislature that the administration of the laws governing the financial support for the California Community Colleges be conducted within the purview of the following principles and policies: The system of public support for the California Community Colleges should be designed to strengthen and encourage local responsibility for control of community college education. Community college districts should be so organized that they can facilitate the provision of full educational opportunities for all who attend. Local control is best accomplished by the development of strong, vigorous, and properly organized local administrative units. It is the state’s responsibility to create or facilitate the creation of local districts of sufficient size to properly discharge local responsibilities and to spend the tax dollar effectively. The system of public support for the California Community Colleges should assure that state, local, and other funds are adequate for the support of a realistic funding level. It is unrealistic and unfair to the less wealthy districts to provide for only a part of the financing necessary for an adequate educational program. The system of public support should permit and encourage community college districts to provide and support improved district organization and educational programs. The system of public support should prohibit the introduction of undesirable organization and educational practices, and should discourage any such practices now in effect. Improvement of programs in particular districts is in the interests of the state as a whole as well as of the people in individual districts, since the excellence of the programs in some districts will tend to bring about program improvement in other districts. The system of public support should make provision for the apportionment of state funds to local districts on a strictly objective basis that can be computed as well by the local districts as by the state. The principle of local responsibility requires that the granting of discretionary powers to state officials over the distribution of state aid and the granting to these officials of the power to impose undue restriction on the use of funds and the conduct of educational programs at the local level be avoided. The system of public support for the California Community Colleges should effect a partnership between the state and community college districts, with both participating equitably in accordance with their relative ability. The respective abilities should be combined to provide a financial plan between the state and the districts for public support. The system of public support for the California Community Colleges should provide for essential educational opportunities for all who attend. Provision should be made in the financial plan for adequate financing of all educational services. The broader based taxing power of the state should be utilized to raise the level of financial support in the properly organized but financially weak districts of the state, thus contributing greatly to the equalization of educational opportunity for the students residing therein. It should also be used to provide a minimum amount of guaranteed support to all districts, for this state assistance serves to develop among all districts a sense of responsibility to the entire system of public education in the state. (Amended by Stats. 1991, Ch. 1038, Sec. 9. Effective October 14, 1991.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84030. Source version: id_fee8885a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. The accounting system including the uniform fund structure used to record the financial affairs of any community college district shall be in accordance with the definitions, instructions, and procedures published in the California Community Colleges Budget and Accounting Manual as approved by the board of governors and furnished by the board of governors. No accounting manual so approved shall expressly or by implication affect the content of any educational program or objective, except as otherwise specifically provided for by this code. The Legislature hereby finds that the content shall be best determined by those involved in the administration of educational programs, including community college district governing boards, local administrators, instructors, and students. (Amended by Stats. 1990, Ch. 1372, Sec. 634.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84040. Source version: id_d7837504-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. (a) It is the intent of the Legislature to encourage sound fiscal management practices among community college districts for the most efficient and effective use of public funds for the education of community college students by strengthening fiscal accountability at the district and state levels. (b) The governing board of each community college district shall provide for an annual audit of all funds, books, and accounts of the district in accordance with regulations of the board of governors. The audit shall be made by certified public accountants licensed by the California Board of Accountancy. In the event the governing board of a community college district fails to provide for an audit, the board of governors shall provide for an audit, and if the board of governors fails or is unable to make satisfactory arrangements for such an audit, the Department of Finance shall make arrangements for the audit. The cost of any audit described above shall be paid from district funds. (c) The board of governors shall adopt criteria and standards for periodic assessment of the fiscal condition of community college districts, and such regulations regarding the review and improvement of district fiscal conditions as necessary to encourage sound fiscal management practices. In so doing: (1) The governing board of a community college district, as required by regulations of the board of governors, shall periodically report information to the board of governors regarding the fiscal condition of the district. (2) The board of governors, by regulation, shall develop standards for district maintenance of sound fiscal conditions. The regulations shall authorize a board comprehensive management review of any community college district which, after assessing itself or being assessed in accordance with board criteria and standards, is shown to be experiencing fiscal difficulty. On the basis of the findings of the management review, the board of governors may recommend appropriate changes in a district’s management practices. (3) The board of governors, by regulation, shall develop appropriate procedures and actions for districts that fail to achieve fiscal stability or that fail to comply with the board of governors’ recommendations. The procedures and remedies may include the appointment of a special trustee to manage the community college district. The regulations pursuant to which the board of governors may appoint a special trustee to manage the community college district shall include specific benchmarks to indicate the presence of local capacity to resume management of the community college district and clear standards that require meaningful consultation by a special trustee, or his or her designee, with the community college district prior to decisionmaking. The board of governors shall be authorized to reduce or withhold apportionment to districts to pay for the cost of the special trustee, management review, or other extraordinary costs resulting from the district’s fiscal difficulties and to ensure the stabilization of the district’s financial condition. (4) The board of governors shall report to the chairs of the educational policy and fiscal committees of both houses of the Legislature, the Director of Finance, and the Governor any corrective action taken by the district and any action taken against the district pursuant to paragraph (3). (Amended by Stats. 2014, Ch. 466, Sec. 1. (AB 2087) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84040.3. Source version: id_fee8885e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. Each organization that is described in Section 501(c)(3) of the Internal Revenue Code of 1954, 26 U.S.C. 501(c)(3), and that is recognized by the governing board of a community college district as having a formal relationship with, and that is working on behalf of, the district or a community college within the district, shall file a copy of its audited financial report for the previous fiscal year or its annual financial report for the previous fiscal year with the governing board on or before April 1 of each year. (Added by Stats. 1993, Ch. 514, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84040.5. Source version: id_5c1fd226-8186-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. (a) The board of governors shall prescribe the statements and other information to be included in the audit reports filed with the state and shall develop audit procedures for carrying out the purposes of this section. The Department of Finance may make audits, surveys, and reports which, in the judgment of the department will serve the best interest of the state. (b) A review of existing audit procedures, statements, and other information required to be included in the audit reports shall be conducted periodically by the board of governors. Standards shall be updated periodically. (c) For the audit of community colleges electing to take formal action pursuant to Sections 22714 and 87488, the audit standards shall require any information as is prescribed by the chancellor, including, but not limited to, the following: (1) The number and type of positions being vacated. (2) The age and service credit of the retirees receiving the additional service credit provided by Sections 22714 and 87488. (3) A comparison of the salary and benefits of each retiree receiving the additional service credit with the salary and benefits of the replacement employee, if any. (4) The resulting retirement costs, including interest, if any, and postretirement healthcare benefits costs, incurred by the employer. (d) The chancellor shall annually prepare a cost analysis, based upon the information included in the audit reports for the prior fiscal year, to determine the net savings or costs resulting from formal actions taken by community college districts pursuant to Sections 22714 and 87488, and shall report the results of the cost analysis to the Governor and the Legislature by April 1 of each year. (e) All costs incurred by the board of governors to implement subdivision (c) shall be absorbed by the board of governors. (f) At the request of the Department of Finance, each community college district that elects to take formal action pursuant to Sections 22714 and 87488, shall reimburse the Department of Finance for any related administrative costs incurred by the Department of Finance. (Amended by Stats. 2018, Ch. 33, Sec. 31. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84040.6. Source version: id_fee88862-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. On June 30, 1991, and each year thereafter, the Board of Governors of the California Community Colleges shall report to the Joint Legislative Audit Committee on (1) the number and nature of audit exceptions and estimated amount of funds involved in the exceptions, (2) a list of districts which failed to file their audits pursuant to Section 84040, and (3) the actions taken by the department to eliminate audit exceptions and comply with management improvement recommendations. (Amended by Stats. 1990, Ch. 1372, Sec. 640.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84041. Source version: id_3c2aed71-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. (a) The board of governors may request the County Office Fiscal Crisis and Management Assistance Team (FCMAT) established pursuant to Section 42127.8 to assist a community college district to establish or maintain sound financial and budgetary conditions and to comply with principles of sound fiscal management. (b) The board of governors may recommend additional persons with expertise in community college fiscal accountability to serve as part of a FCMAT operation for the purposes of this section. (c) The board of governors may request FCMAT to assist a community college district as follows: (1) Whenever regulations adopted by the board of governors authorize contracting for a management review of the district and its educational programs or an audit of the financial conditions of the district. (2) To provide management or fiscal crisis intervention, or both, for a community college district where a crisis presents an imminent threat to the fiscal integrity and security of that district. In these cases, the FCMAT shall have the authority, subject to regulations adopted by the board of governors, to stay or rescind any action of the district’s governing board that is inconsistent with the district’s fiscal integrity and security. (d) The FCMAT shall submit a progress report to the affected district, to the board of governors, and to the chancellor at least every six months, or more frequently if that is required by the chancellor. (e) Each community college district that receives assistance at the request of the board of governors under subdivision (a), (b), (c), or (d) shall be required to pay the full cost incurred by the unit for these purposes. (f) If the board of governors requests the assistance of the FCMAT pursuant to paragraph (2) of subdivision (c), the chancellor shall provide the board of governors with a report that includes all of the following: (1) An assessment of which events or activities led to the crisis. (2) An action plan for addressing the deficiencies of the district. (3) A process for assessing district progress in correcting deficiencies. (4) Benchmarks that indicate the presence of local capacity to manage the fiscal responsibilities of the district. (g) (1) Irrespective of whether the FCMAT has been requested by the board of governors to assist a district under this section, a district may request the FCMAT to do either or both of the following at district expense, in accordance with paragraph (2): (A) Provide fiscal management assistance. (B) Facilitate training for members of the district governing board and for any district employees whose responsibilities include addressing fiscal issues. Training services shall emphasize efforts to improve fiscal accountability and to expand the fiscal competency of the trainees. (2) Each community college district that receives assistance at its request under this subdivision shall be required to pay the full cost incurred by the unit for that purpose. (h) The board of governors shall develop and adopt any regulations that are necessary for the implementation of this section. (Added by Stats. 2005, Ch. 360, Sec. 2. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84042. Source version: id_feea0f04-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. Except as provided in this section, any election held for the purpose of permitting a community college district to exceed the expenditure of district funds fixed by the Constitution or by the statutes of the state shall be called, held, and conducted as nearly as possible as are elections for the issuance of district bonds. The notice of election shall contain only the following: (a) The time and place or places of holding the election. (b) The names of the officers appointed to conduct the election. (c) The hours during the day in which the polls will be open. (d) The amount by which it is proposed to increase the expenditures of the district during the school year. (e) The total amount of proposed expenditures of the district, including the proposed increase, for the school year. The ballots used at the election shall contain the following language: “Shall the total authorized expenditures of the district be increased from ____ (naming the sum) to ____ (naming the sum) for the school year ____ (naming the school year)?” The hours during which the polls at the election are open shall be fixed in accordance with Section 14212 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 29. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84043. Source version: id_9bd5a1f7-e389-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. (a) (1) Notwithstanding any other law, and unless otherwise prohibited under federal law, for the 2009–10 to 2014–15 fiscal years, inclusive, community college districts may use funding received, pursuant to subdivision (b), from any of the programs listed in paragraph (2) that are contained in Item 6870-101-0001 of Section 2.00 of the annual Budget Act, for the purposes of any of the programs contained in Schedule (2) and Schedules (4) to (23), inclusive, of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2009. (2) (A) Academic Senate for the Community Colleges. (B) Equal Employment Opportunity. (C) Part-time Faculty Health Insurance. (D) Part-time Faculty Compensation. (E) Part-time Faculty Office Hours. (F) Economic Development. (G) Transfer Education and Articulation. (H) Physical Plant and Instructional Support. (I) Campus Childcare Tax Bailout. (b) For the 2009–10 to 2014–15 fiscal years, inclusive, the chancellor shall apportion from the amounts provided in the annual Budget Act for the programs enumerated in paragraph (2) of subdivision (a), an amount to a community college district, based on the same relative proportion that the community college district received in the 2008–09 fiscal year for the programs enumerated in paragraph (2) of subdivision (a). The amounts allocated shall be adjusted for any greater or lesser amount appropriated for the items enumerated in paragraph (2) of subdivision (a). (c) (1) This section does not obligate the state to refund or repay reductions made pursuant to this section. A decision by a community college district to reduce funding pursuant to this section for a state-mandated local program shall constitute a waiver of the subvention of funds that the community college district is otherwise entitled to pursuant to Section 6 of Article XIII B of the California Constitution on the amount so reduced. (2) If a community college district elects to use funding received pursuant to subdivision (b) in the manner authorized pursuant to subdivision (a), the governing board of the community college district shall, at a regularly scheduled open public hearing, take testimony from the public, discuss, and shall approve or disapprove the proposed use of funding. (3) (A) If a community college district elects to use funding received pursuant to subdivision (b) in the manner authorized pursuant to subdivision (a), the community college district shall continue to report the expenditures pursuant to this section by using the appropriate codes to indicate the activities for which these funds were expended using the existing standard reporting process as determined by the chancellor. (B) The chancellor shall collect the information in subparagraph (A) and shall provide that information to the Department of Finance and to the appropriate policy and budget committees of the Legislature on or before April 15, 2010, and annually thereafter by April 15 of each year, through 2016. (d) For the 2009–10 to 2014–15 fiscal years, inclusive, community college districts that elect to use funding in the manner authorized pursuant to subdivision (a) shall be deemed to be in compliance with the program and funding requirements contained in statutory, regulatory, and provisional language, associated with the programs enumerated in subdivision (a). (Amended by Stats. 2013, Ch. 48, Sec. 72. (AB 86) Effective July 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 1. State Financial Management and Control [84000 - 84044] ARTICLE 2. Accounting, Budget Controls and Audits [84030 - 84044] SECTION 84044. Source version: id_cac12d23-1ea6-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=1.&article=2. (a) No later than December 31 of each fiscal year, the Chancellor of the California Community Colleges shall submit reports to the Department of Finance and the Legislature on the use of funds appropriated in the Budget Act for the prior fiscal year for the following purposes: (1) The Student Success for Basic Skills Students program, including any outcomes associated with the use of funds. (2) The Student Financial Aid Administration program, including the distribution of the funds, specific uses of the funds, strategies employed to reach low-income and disadvantaged students potentially eligible for financial aid, the extent to which community college districts were successful in increasing the number of students accessing financial aid, and the impact on student enrollment. (3) The technical assistance provided to community college districts pursuant to the Student Success and Support Program. (4) The Telecommunications and Technology Infrastructure program, including summaries of allocations and expenditures by program and by community college district. (b) Reports to the Legislature pursuant to this section shall be submitted pursuant to Section 9795 of the Government Code. (Added by Stats. 2015, Ch. 22, Sec. 13. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 2. Property Valuations for Allocations [84205.5 - 84207] SECTION 84205.5. Source version: id_feea0f08-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=2.&article= For purposes of subdivision (a) of Section 2 of Article XIII A of the California Constitution, the “full cash value” of all property in a community college district shall include the assessed valuation of all real properties in those territories or components which subsequent to the 1975–76 fiscal year became a part of the community college district. (Added by Stats. 1978, Ch. 292.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 2. Property Valuations for Allocations [84205.5 - 84207] SECTION 84207. Source version: id_feea0f0a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=2.&article= On or before November 15 of each year, the county auditor of each county shall furnish to the Board of Governors of the California Community Colleges the actual previous year’s receipts, along with estimated current year receipts for secured tax receipts, unsecured tax receipts, prior year tax receipts, timber tax receipts, and any other appropriate taxes or subventions for each community college district or portion of a district situated within his or her county. This information shall be forwarded on forms prescribed by the Board of Governors of the California Community Colleges. (Amended by Stats. 1990, Ch. 1372, Sec. 651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84320. Source version: id_feeb95b2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. The board of governors shall adopt regulations providing for the payment of apportionments to districts on a schedule to include an advance apportionment and a first and second principal apportionment. Unless and until the dates related to these apportionments are amended in consultation with the Department of Finance, the regulations shall provide for the following schedule of payments as provided in this section: (a) The board of governors shall certify estimated apportionments to the Controller on or before July 15 of each year. (b) The first principal apportionment shall be certified on or before February 20 of each year, at which time shall also be made any final apportionment and recalculation of prior years, as applicable. (c) The second principal apportionment shall be certified on or before June 25 of each year. (Amended by Stats. 1990, Ch. 1372, Sec. 653.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84321. Source version: id_feed1c54-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. (a) Notwithstanding any other law, for the 2003–04 fiscal year, warrants for the principal apportionments for the month of June, for general apportionments in the amount of one hundred fifty million dollars ($150,000,000) and for the Partnership for Excellence in the amount of fifty million dollars ($50,000,000), shall instead be drawn in July of the same calendar year pursuant to the certification made under Section 84320. (b) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the fiscal year in which the warrants are drawn, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are drawn. (Amended by Stats. 2004, Ch. 216, Sec. 23. Effective August 11, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84321.62. Source version: id_0edc0501-f6d1-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. (a) Notwithstanding any other law that governs the regulations adopted by the Chancellor of the California Community Colleges to disburse funds, the payment of apportionments to community college districts pursuant to Section 84320 shall be adjusted, for the 2020–21 fiscal year, by the following: (1) For the month of June, three hundred million dollars ($300,000,000) shall be deferred to July. (2) For the month of May, three hundred million dollars ($300,000,000) shall be deferred to July. (3) For the month of April, three hundred million dollars ($300,000,000) shall be deferred to July. (4) For the month of March, three hundred million dollars ($300,000,000) shall be deferred to August. (5) For the month of February, two hundred fifty-three million two hundred forty-three thousand dollars ($253,243,000) shall be deferred to August. (b) The sum of one billion four hundred fifty-three million two hundred forty-three thousand dollars ($1,453,243,000) is hereby appropriated from the General Fund to the Board of Governors of the California Community Colleges for apportionments to community college districts, for expenditure in the 2021–22 fiscal year to be expended in accordance with the applicable schedules of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2020. (c) Of the funds appropriated in subdivision (b), nine hundred million dollars ($900,000,000) shall be allocated in July and five hundred fifty-three million two hundred forty-three thousand dollars ($553,243,000) shall be allocated in August of the 2021–22 fiscal year in satisfaction of the moneys deferred pursuant to subdivision (a). (d) (1) The chancellor may adjust the monthly schedule described in subdivision (a) for the 2020–21 fiscal year to increase the amount deferred in a specified month if it ensures a shorter time between a deferred payment and repayment. (2) If adjusting the monthly schedule, the chancellor shall not exceed the total amount of deferred payments described in subdivision (a). (e) Pursuant to Section 8.28 of the Budget Act of 2020, if the Director of Finance determines that there are sufficient federal funds provided to the state for the 2020–21 fiscal year that may be used to offset the deferral of payments in the amount specified in that section, the Director of Finance shall reduce the amounts reflected in subdivisions (a) to (c), inclusive. In reducing these amounts, the Director of Finance shall first reduce the amounts deferred from any months occurring earliest in the 2020–21 fiscal year. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one hundred forty-four million six hundred five thousand dollars ($144,605,000) of the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2019–20 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2019–20 fiscal year. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, one billion seventy-eight million eight hundred fifty-eight thousand dollars ($1,078,858,000) of the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, two hundred twenty-nine million seven hundred eighty thousand dollars ($229,780,000) of the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2021–22 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2021–22 fiscal year. (Amended by Stats. 2021, Ch. 144, Sec. 61. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84321.63. Source version: id_cd64bfdb-3e37-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. (a) (1) Notwithstanding any other law, including any law that governs the regulations adopted by the Chancellor of the California Community Colleges to disburse funds, the payment of apportionments to community college districts pursuant to Section 84320 shall be adjusted, for the 2023–24 fiscal year, by paragraph (2). (2) For the month of June, four hundred forty-six million four hundred twenty-seven thousand dollars ($446,427,000) shall be deferred to July. (b) The sum of four hundred forty-six million four hundred twenty-seven thousand dollars ($446,427,000) is hereby appropriated from the General Fund to the Board of Governors of the California Community Colleges for apportionments to community college districts, for expenditure in the 2024–25 fiscal year to be expended in accordance with the applicable schedules of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2023. (c) (1) The chancellor may adjust the monthly schedule described in subdivision (a) for the 2023–24 fiscal year to increase the amount deferred in the month of June if it allows a shorter time between a deferred payment and repayment. (2) If adjusting the monthly schedule, the chancellor shall not exceed the total amount of deferred payments described in subdivision (a). (d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, four hundred forty-six million four hundred twenty-seven thousand dollars ($446,427,000) of the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year. (Added by Stats. 2024, Ch. 71, Sec. 5. (SB 155) Effective July 2, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84321.64. Source version: id_105ed6a4-a94a-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. (a) (1) Notwithstanding any other law that governs the regulations adopted by the Chancellor of the California Community Colleges to disburse funds, the payment of apportionments to community college districts pursuant to Section 84320 shall be adjusted, for the 2024–25 fiscal year, by paragraph (2). (2) For the month of June, two hundred forty-three million six hundred ninety-three thousand dollars ($243,693,000) shall be deferred to July. (b) The sum of two hundred forty-three million six hundred ninety-three thousand dollars ($243,693,000) is appropriated as described in subdivision (d) for apportionments to community college districts, for expenditure in the 2025–26 fiscal year to be expended in accordance with the applicable schedules of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2024. (c) (1) The chancellor may adjust the monthly schedule described in subdivision (a) for the 2024–25 fiscal year to increase the amount deferred in the month of June if it ensures a shorter time between a deferred payment and repayment. (2) If adjusting the monthly schedule, the chancellor shall not exceed the total amount of deferred payments described in paragraph (2) of subdivision (a). (d) Of the amount described in paragraph (2) of subdivision (a) to be paid in July 2025, one hundred six million eight hundred ninety thousand dollars ($106,890,000) is appropriated in Schedule (1) of Item 6870-101-0001 of the Budget Act of 2025 (Ch. 77, Stats. 2025), and one hundred thirty-six million eight hundred three thousand dollars ($136,803,000) is appropriated in Provision 3 of Item 6870-488 of the Budget Act of 2025 (Ch. 5, Stats. 2025). (Amended by Stats. 2025, Ch. 745, Sec. 6. (SB 148) Effective October 13, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84321.65. Source version: id_887ab764-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. (a) Notwithstanding any other law that governs the regulations adopted by the Chancellor of the California Community Colleges to disburse funds, the payment of apportionments to community college districts pursuant to Section 84320 shall be adjusted, for the 2025–26 fiscal year, as follows: (1) For the month of June, three hundred million dollars ($300,000,000) shall be deferred to July. (2) For the month of May, one hundred eight million three hundred sixty-three thousand dollars ($108,363,000) shall be deferred to July. (b) The sum of four hundred eight million three hundred sixty-three thousand dollars ($408,363,000) is hereby appropriated from the General Fund to the Board of Governors of the California Community Colleges for apportionments to community college districts, for expenditure in the 2026–27 fiscal year to be expended in accordance with the applicable schedules of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2025. (c) (1) The chancellor may adjust the monthly schedule described in subdivision (a) for the 2025–26 fiscal year to increase the amount deferred in the months of May and June if it ensures a shorter time between a deferred payment and repayment. (2) If adjusting the monthly schedule, the chancellor shall not exceed the total amount of deferred payments described in subdivision (a). (d) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2024–25 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2024–25 fiscal year. (Amended by Stats. 2026, Ch. 79, Sec. 20. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84321.7. Source version: id_a04b801b-c0a9-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. (a) Commencing with the 2020–21 fiscal year, up to thirty million dollars ($30,000,000) of the amount of the warrants for the principal apportionments for any of the months of February, March, April, May or June, that are instead to be drawn in the applicable months of the following fiscal year pursuant to Section 84321.62, may be drawn in February, March, April, May, or June, as applicable, subject to the approval of the Director of Finance, for a community college district as follows: (1) In order for a community college district to receive a payment in February, March, April, May, or June pursuant to this section, the community college district shall certify to the Office of the Chancellor of the California Community Colleges and to the Director of Finance at least two months before the applicable deferral that the deferral of warrants pursuant to Section 84321.62 will result in the community college district being unable to meet its financial obligations for any of the months of February, March, April, May, or June, as applicable, and shall provide the Office of the Chancellor of the California Community Colleges an estimate of the amount of additional funds necessary for the community college district to meet its financial obligations for the months of February, March, April, May, or June, as applicable. (2) The criteria, as applicable, set forth in statute and regulations to qualify a community college district for an emergency apportionment shall be used to make the certification specified in paragraph (1). (3) A community college district may receive, pursuant to this section, no more than the lesser of the following: (A) The total amount of additional funds necessary for the community college district to meet its financial obligations for any of the months of February, March, April, May, or June, as reported to the Office of the Chancellor of the California Community Colleges pursuant to paragraph (1). (B) The total payments the community college district is entitled to receive in the applicable deferral month pursuant to Section 84321.62. (b) If the total amount requested by community college districts pursuant to paragraph (3) of subdivision (a) exceeds thirty million dollars ($30,000,000) for any of the applicable deferral months, the Controller, the Treasurer, and the Director of Finance may authorize additional payments to meet these requests, but total payments to community college districts pursuant to this section shall not exceed sixty million dollars ($60,000,000) for any of the applicable deferral months. No later than one month before the applicable deferral, the Controller, the Treasurer, and the Director of Finance shall determine whether sufficient cash is available to make payments in excess of thirty million dollars ($30,000,000) to a community college district. In making the determination that cash is sufficient to make additional payments, in whole or in part, the Controller, Treasurer, and Director of Finance shall consider costs for state government, the scope of any identified cash shortage, timing, achievability, legislative direction, and the impact and hardship imposed on potentially affected programs, entities, and related public services. The Department of Finance shall notify the Joint Legislative Budget Committee within 10 days of this determination and identify the total amount of requests that will be paid. (c) If the total amount of cash made available pursuant to subdivision (b) is less than the amount requested pursuant to paragraph (2) of subdivision (a), payments to community college districts shall be prorated. (d) Payments pursuant to this section shall be made by the Controller no later than the last business day of the months of February, March, April, May, or June, as applicable. (e) By August 1 of each year, commencing in 2021, the Department of Finance, in collaboration with the Office of the Chancellor of the California Community Colleges, shall notify the Joint Legislative Budget Committee of the following information by each community college district that, in the prior fiscal year, requested an exemption to the deferral of payments: (1) The amount requested for each applicable month pursuant to subdivision (a). (2) The amount received for each applicable month pursuant to this section. and, if the request was not granted, the reason for the denial. (f) Except as provided in subdivisions (c) and (e) of Section 41202, for purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants drawn pursuant to subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the fiscal year in which the warrants are required to be drawn pursuant to Section 84321.62, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal year in which the warrants are required to be drawn pursuant to Section 84321.62. (Amended by Stats. 2020, Ch. 25, Sec. 8. (SB 116) Effective June 29, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84322. Source version: id_feed1c58-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. Notwithstanding any other provision of law, a community college district may recognize, for budgetary and financial reporting purposes, any amount of state appropriations deferred from the current fiscal year and appropriated in the subsequent fiscal year for payment of current-year costs as a receivable in the current fiscal year. (Added by Stats. 2003, Ch. 227, Sec. 31. Effective August 11, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84323. Source version: id_87022b7f-395e-11ef-be28-412c69cfabca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. Notwithstanding any other law, a community college district may recognize for budgetary and financial reporting purposes any amount of state allocations described in paragraph (2) of subdivision (b) of, or subparagraph (B) of paragraph (4) of subdivision (d) of, Section 41206.04 in the fiscal year in which it was received. (Added by Stats. 2024, Ch. 38, Sec. 94. (SB 153) Effective June 29, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 3. Duties of the Chancellor [84320 - 84328] SECTION 84328. Source version: id_feed1c5a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=3. (a) The Board of Governors of the California Community Colleges shall certify each apportionment made by it to the Controller. (b) The board of governors shall furnish an abstract of each apportionment of the State School Fund to the Controller, the Department of Finance, and to the county and city and county auditors, county and city and county treasurers, and to the county superintendents of schools of the several counties of the state. (Amended by Stats. 1990, Ch. 1372, Sec. 658.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 5. Use of Apportionments [84361 - 84362] SECTION 84361. Source version: id_feeea2fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=5. If at the end of any fiscal year during which the schools of a community college district have been maintained for the period required or permitted by law, there is standing to the credit of the district an unexpended balance of money received from the State School Fund, it may be expended for the payment of claims against the district outstanding, or it may be expended during the succeeding fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 3. State School Fund [84320 - 84362] ARTICLE 5. Use of Apportionments [84361 - 84362] SECTION 84362. Source version: id_feeea300-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=3.&article=5. (a) As used in this section, “salaries of classroom instructors” means: (1) The salary paid to each instructor employed by the district whose duties require that the full time for which the instructor is employed be devoted to the instruction of students of the district. (2) The portion of the salary of each instructor whose duties require that a part, but not all, of the full time for which the instructor is employed be devoted to the instruction of students of the district, which is equal to the portion of the full time actually devoted by the instructor to teaching students of the district. (3) The salary paid to each instructional aide employed by the district, any portion of whose duties are required to be performed under the supervision of an instructor. However, the cost of all health and welfare benefits provided to the instructors by the community college district shall be included within the meaning of “salaries of classroom instructors.” (b) (1) As used in this section, an “instructor” means an employee of the district employed in a position requiring minimum qualifications and whose duties require him or her to teach students of the district for at least one full instructional period each schoolday for which the employee is employed. An instructional period is the number of minutes equal to the number of minutes of the regular academic period in the community college in which the instructor is employed. (2) As used in this section, “administrator” means any employee in a position having significant responsibilities for formulating district policies or administering district programs; and “supervisor” means any employee having authority, on behalf of the district, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline other employees, adjust their grievances, or effectively recommend that action, if the exercise of the authority is not of a merely routine or clerical nature. (c) “Current expense of education” means the gross total expended (not reduced by estimated income or estimated federal and state apportionments) for the purposes classified in the final budget of a district (except one which, during the preceding fiscal year, had less than 101 units of full-time equivalent student) for academic salaries other than academic salaries for student transportation, food services, and community services; classified salaries other than classified salaries for student transportation, food services, and community services; employee benefits other than employee benefits for student transportation personnel, food services personnel, and community services personnel; books, supplies, and equipment replacement other than for student transportation and food services; and community services, contracted services, and other operating expenses other than for student transportation, food services, and community services. “Current expense of education,” for purposes of this section, shall not include those expenditures classified as sites, buildings, books, and media and new equipment (object of expenditure 6000 of the Accounting Manual for California Community Colleges), the amount expended from categorical aid received from the federal or state government which funds were granted for expenditures in a program not incurring any instructor salary expenditures or requiring disbursement of the funds without regard to the requirements of this section, or expenditures for facility acquisition and construction; and shall not include the amount expended pursuant to any lease agreement for plant and equipment or the amount expended from funds received from the federal government pursuant to the “Economic Opportunity Act of 1964” or any extension of that act of Congress or the amount expended by a community college from state or federal funds received by the community college for grants to community college students or for the employment of community college students. (d) There shall be expended during each fiscal year for payment of salaries of classroom instructors by a community college district, 50 percent of the district’s current expense of education. (e) If the board of governors determines that a district has not expended the applicable percentage of current expense of education for the payment of salaries of classroom instructors during the preceding fiscal year, the board shall, in apportionments made to the district from the State School Fund after April 15 of the current fiscal year, designate an amount of the apportionment or apportionments equal to the apparent deficiency in district expenditures. Any amount so designated by the board of governors shall be deposited in the county treasury to the credit of the community college district, but shall be unavailable for expenditure by the district pending the determination to be made by the board of governors on any application for exemption which may be submitted to the board of governors. In the event it appears to the governing board of a community college district that the application of the preceding subdivisions during a fiscal year results in serious hardship to the district, or in the payment of salaries of classroom instructors in excess of the salaries of classroom instructors paid by other districts of comparable type and functioning under comparable conditions, the governing board may apply to the board of governors, in writing, not later than September 15th of the immediately succeeding fiscal year for exemption from the requirements of this section. (f) Immediately upon applying for the exemption described in subdivision (e), the governing board shall provide the exclusive representative of the district’s academic employees or, if none exists, the district or college academic senate, and all academic employee organizations eligible for payroll dues deduction, with a copy of the application. The exclusive representative, or the district or college academic senate, and all academic employee organizations eligible for payroll dues deduction, within 30 days of its receipt of the application, may transmit to the board of governors a written statement opposing the application, setting forth reasons for its opposition. (g) Upon receipt of the application described in subdivision (f), duly approved, and of the statement of opposition, if any, the board of governors shall grant the district exemption for any amount that is less than one thousand dollars ($1,000). If the amount is one thousand dollars ($1,000) or more, the board of governors may grant the district exemption from the requirement for the fiscal year for which the application is made if a majority of all the members of the board of governors finds, in writing, that the district will in fact suffer serious hardship or will have to pay salaries of classroom instructors in excess of those paid by other districts of comparable type and functioning under comparable conditions unless the district is granted an exemption. If the exemption is granted, the designated moneys shall be immediately available for expenditure by the community college district governing board. If no application for exemption is made or exemption is denied, the board of governors shall order the designated amount or amount not exempted to be added to the amounts to be expended for salaries of classroom instructors during the next fiscal year. (h) The board of governors shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations to that end. It may require the submission during the college year, by community college district governing boards and county superintendents of schools, of the reports and information as may be necessary to carry out this section. (i) The board of governors, no later than the 10th calendar day of each year of the Legislature, shall submit to the Legislature a written report on the operation, effect, and the extent of compliance with this section by community college districts in the state during the two most recently ended fiscal years. The report shall describe the activities of the board of governors and the chancellor’s office, undertaken to ensure compliance with this section, and may contain recommendations for legislation pertaining to that subject. (Amended by Stats. 1995, Ch. 758, Sec. 122. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 4. Attendance [84500 - 84501] SECTION 84500. Source version: id_fef336ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=4.&article= Attendance shall be recorded and kept according to rules and regulations prescribed by the board of governors, subject to this chapter. (Repealed and added by Stats. 1990, Ch. 1372, Sec. 679.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 4. Attendance [84500 - 84501] SECTION 84501. Source version: id_fef336f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=4.&article= Commencing with the 1991–92 fiscal year, the term “community college average daily attendance” (ADA) means full-time equivalent student (FTES) as that term is defined by regulations adopted by the Board of Governors of the California Community Colleges. (Amended by Stats. 1995, Ch. 758, Sec. 123. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 4.7. Community College Facility Deferred Maintenance and Special Repair Program [84660- 84660.] SECTION 84660. Source version: id_fef336f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=4.7.&article= (a) The Legislature finds and declares that it is in the interests of the people of the State of California to ensure that the facilities of the California Community Colleges are repaired and maintained on a timely basis in order to provide for the safe utilization of these facilities as well as providing for the prevention of further structural damage resulting in more costly repairs. The Legislature recognizes that in many community college districts high operating costs and limited district revenues have combined to restrict the ability of community college districts to provide for the periodic maintenance and timely repair of community college facilities. It is the intent of the Legislature in enacting this chapter that funds be allocated pursuant to the requirements of this chapter to provide for the deferred maintenance and special repair of community college facilities. However, the Legislature recognizes that there may not be sufficient revenues in future years to provide an annual appropriation for the program provided by this chapter. Therefore, nothing in this chapter shall be construed to create an annual state obligation to fund this program. (b) The Board of Governors of the California Community Colleges shall adopt rules and regulations for the allocation of funds authorized by this chapter for the deferred maintenance and special repair of community college facilities. The adopted rules and regulations shall establish criteria for the ranking of requests for funding by community college districts for funds allocated pursuant to this chapter. The adopted rules and regulations shall require districts to prepare and submit to the board of governors a five-year maintenance plan which includes plans for preventative as well as deferred maintenance in order to be eligible for state funding of deferred maintenance. The adopted rules and regulations shall require recipient districts to provide an amount of district funds equal to the amount of state funds to be allocated for facility deferred maintenance and special repair as a condition for the receipt of state funding, subject to a complete or partial waiver of this requirement by the Board of Governors of the California Community Colleges based upon a review of the financial condition of the district. For the purpose of this chapter, “deferred maintenance and special repair” means unusual, nonrecurring work to restore a facility to a safe and continually useable condition for which it was intended. (c) No community college district shall receive funds pursuant to this chapter unless the district expends at least 1/2 percent of its current operating budget for ongoing maintenance. (d) The board of governors may, pursuant to subdivision (b), increase the percentage specified in subdivision (c). (e) It is the intent of the Legislature that funds received by districts pursuant to this chapter supplement, not supplant, district deferred maintenance funds. (Amended by Stats. 1990, Ch. 1372, Sec. 681.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 4.8. Equipment Replacement Program [84670 - 84674] SECTION 84670. Source version: id_fef4bd98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=4.8.&article= The Legislature finds and declares that it is in the interest of the people of the State of California to ensure the continuation of the quality of instructional programs in the California Community Colleges. The Legislature recognizes that in many community college districts high operational costs and limited district revenues have combined to restrict the ability of the district to provide for adequate equipment in instructional programs. It is the intent of the Legislature in enacting this chapter that funds be allocated pursuant to the requirements of this chapter to provide for the necessary repair of instructional equipment and the replacement of instructional equipment that is outmoded. It is further the intent of the Legislature that an annual appropriation of state funds be made for this purpose in the annual Budget Act. (Added by Stats. 1985, Ch. 470, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 4.8. Equipment Replacement Program [84670 - 84674] SECTION 84671. Source version: id_fef4bd9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=4.8.&article= The Board of Governors of the California Community Colleges shall adopt rules and regulations for the allocation of funds appropriated for the purposes of this chapter, for the acquisition, maintenance, and replacement of equipment as appropriate to maintain or establish a high level of quality in the operation of instructional programs. (Added by Stats. 1985, Ch. 470, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 4.8. Equipment Replacement Program [84670 - 84674] SECTION 84672. Source version: id_fef4bd9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=4.8.&article= Allocations shall not be based on specific projects identified by the districts, except as provided in Section 84673, but on a general allocation formula that, in the judgment of the board of governors, reasonably reflects the needs of districts on a statewide basis. The board of governors shall establish criteria for the allocation of funds under this formula on the basis of its review of districts throughout the state. (Added by Stats. 1985, Ch. 470, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 4.8. Equipment Replacement Program [84670 - 84674] SECTION 84673. Source version: id_fef4bd9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=4.8.&article= (a) The board of governors may withhold up to 20 percent of the funds appropriated for the purposes of this chapter, for allocation to specifically identified projects where the board finds that the funds allocated to a district are not sufficient to fund a critically needed instructional equipment expenditure, or that special funding is necessary as a condition of a contribution from private business or industry pursuant to an instructional equipment expenditure. (b) The board of governors may allocate up to 5 percent of the funds withheld under subdivision (a) for purposes of review and administration costs incurred by the Chancellor of the California Community Colleges pursuant to that subdivision. (Added by Stats. 1985, Ch. 470, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 4.8. Equipment Replacement Program [84670 - 84674] SECTION 84674. Source version: id_fef4bda0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=4.8.&article= (a) The governing board of a community college district may expend funds allocated under the general allocation formula for any equipment acquisition, maintenance, or replacement necessary to the purposes of this chapter. Equipment expenditures made through funding under this chapter should ensure that students are able to obtain the desired level of knowledge in educational programs leading to their enrollment in four-year educational institutions or, for students in occupational education programs, to obtain the necessary skill and knowledge for entry into the work force. (b) Each community college district receiving funds under this chapter shall separately account for those funds and may spend the funds only for the purpose or purposes for which they are allocated. These funds may be utilized to obtain equipment by purchase, lease, or lease with an option to purchase. (Added by Stats. 1985, Ch. 470, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84750.4. Source version: id_958b7166-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) (1) The board of governors, in accordance with this section, and in consultation with institutional representatives of the California Community Colleges and statewide faculty and staff organizations, so as to ensure their participation in the development and review of policy proposals, shall develop criteria and standards for the purpose of making the annual budget request for the California Community Colleges to the Governor and the Legislature, and for the purpose of allocating the state general apportionment revenues. (2) It is the intent of the Legislature in enacting this section to adopt a formula for general purpose apportionments that encourages access for underrepresented students, provides additional funding in recognition of the need to provide additional support for low-income students, rewards colleges’ progress on improving student success metrics, and improves overall equity and predictability so that community college districts may more readily plan and implement instruction and programs. (3) It is the intent of the Legislature to determine the amounts appropriated for purposes of this section through the annual Budget Act. This section shall not be construed as limiting the authority of either the Governor to propose, or the Legislature to approve, appropriations for the California Community Colleges programs or purposes. (4) It is the intent of the Legislature that for the 2020–21 fiscal year, 70 percent of funding for the Student Centered Funding Formula is for the base allocation provided to districts, 20 percent is for the supplemental allocation provided to districts, and 10 percent is for student success allocation provided to districts. (b) (1) Commencing with the 2018–19 fiscal year, and each fiscal year thereafter, the chancellor’s office shall annually calculate a base allocation, a supplemental allocation, and a student success allocation for each community college district in the state pursuant to this section. This calculation applies only to the allocation of credit revenue. Noncredit instruction, and instruction in career development and college preparation full-time equivalent students (FTES) shall be funded pursuant to the requirements of paragraphs (3) and (4), respectively, of subdivision (d) of Section 84750.5, as that section read on January 1, 2018. (2) (A) As used in this paragraph, a public safety agency includes, but is not limited to, a fire department, a police department, a sheriff’s office, a public agency employing paramedics or emergency medical technicians, the Department of the California Highway Patrol, and the Department of Corrections and Rehabilitation. (B) Commencing with the 2022–23 academic year, each community college district with an instructional service agreement with a public safety agency may annually submit a copy of its most up-to-date instructional service agreement to the chancellor’s office for review. If an agreement is renewed or updated it may be submitted to the chancellor’s office at the time it is renewed or updated. (C) Beginning January 1, 2024, each community college district with an instructional service agreement with a public safety agency may annually submit data to the chancellor’s office on course offerings, student enrollment and FTES, and course completion, including data from the 2020–21, 2021–22, and 2022–23 academic years. (D) On or before December 31, 2024, upon review and analysis of the community college district agreements and program data submitted pursuant to subparagraphs (B) and (C), the chancellor’s office shall issue a recommendation to the Department of Finance and the Legislature, consistent with Section 9795 of the Government Code, on the instructional service agreement FTES apportionment that community college districts are eligible to claim. (3) For purposes of this section, unless otherwise specified in the annual Budget Act, the cost-of-living adjustment shall be the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. (c) For purposes of computing the base allocation, the marginal funding rate for credit revenue per FTES shall be as follows: (1) For the 2018–19 fiscal year, three thousand seven hundred twenty-seven dollars ($3,727). (2) For the 2019–20 fiscal year, four thousand nine dollars ($4,009). (3) Commencing with the 2020–21 fiscal year, the rate specified in paragraph (2) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts. (d) (1) The base allocation shall be computed for each community college district as follows: (A) Each community college district shall receive a basic allocation based on the number of colleges and comprehensive centers in the community college district that is consistent with the basic allocation formula established by the board of governors pursuant to paragraph (2) of subdivision (d) of Section 84750.5 as of the 2015–16 fiscal year. (B) Unless otherwise specified in subparagraph (C), each community college district shall receive an allocation based on credit base revenues associated with funded FTES as computed pursuant to subparagraph (A) of paragraph (2) at the rate pursuant to subdivision (c). (C) Notwithstanding the rate in subdivision (c), for community college districts that had higher rates used to calculate their 2017–18 general purpose apportionments, the following rates shall be used to calculate their base allocations: (i) For the 2018–19 fiscal year, as follows: (I) For Foothill-De Anza Community College District, the rate shall be no less than three thousand seven hundred forty-five dollars ($3,745). (II) For Lake Tahoe Community College District, the rate shall be no less than three thousand eight hundred eighteen dollars ($3,818). (III) For Lassen Community College District, the rate shall be no less than three thousand seven hundred ninety-four dollars ($3,794). (IV) For Marin Community College District, the rate shall be no less than four thousand two hundred sixty-one dollars ($4,261). (V) For MiraCosta Community College District, the rate shall be no less than three thousand seven hundred thirty-four dollars ($3,734). (VI) For San Francisco Community College District, the rate shall be no less than three thousand seven hundred fifty-six dollars ($3,756). (VII) For San Jose-Evergreen Community College District, the rate shall be no less than three thousand seven hundred forty-four dollars ($3,744). (VIII) For Santa Monica Community College District, the rate shall be no less than three thousand seven hundred seventy-six dollars ($3,776). (IX) For South Orange Community College District, the rate shall be no less than three thousand eight hundred twenty-six dollars ($3,826). (X) For West Kern Community College District, the rate shall be no less than four thousand nine hundred thirty-four dollars ($4,934). (ii) For the 2019–20 fiscal year, as follows: (I) For Foothill-De Anza Community College District, the rate shall be no less than four thousand twenty-eight dollars ($4,028). (II) For Lake Tahoe Community College District, the rate shall be no less than four thousand one hundred seven dollars ($4,107). (III) For Lassen Community College District, the rate shall be no less than four thousand eighty-one dollars ($4,081). (IV) For Marin Community College District, the rate shall be no less than four thousand five hundred eighty-three dollars ($4,583). (V) For MiraCosta Community College District, the rate shall be no less than four thousand sixteen dollars ($4,016). (VI) For San Francisco Community College District, the rate shall be no less than four thousand forty dollars ($4,040). (VII) For San Jose-Evergreen Community College District, the rate shall be no less than four thousand twenty-seven dollars ($4,027). (VIII) For Santa Monica Community College District, the rate shall be no less than four thousand sixty-two dollars ($4,062). (IX) For South Orange Community College District, the rate shall be no less than four thousand one hundred fifteen dollars ($4,115). (X) For West Kern Community College District, the rate shall be no less than five thousand three hundred seven dollars ($5,307). (iii) Commencing with the 2020–21 fiscal year, the rates specified in clause (ii) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts. (2) To calculate the base allocation for each community college district, the chancellor’s office shall calculate the three-year rolling average comprised of funded FTES from the current year, the prior year, and the year before the prior year, as follows: (A) Commencing with the 2018–19 fiscal year, the chancellor’s office shall compute the sum of annually funded credit FTES from the current year, the prior year, and the year before the prior year, and divide the sum by three. (B) (i) In computing the three-year average pursuant to subparagraph (A), credit FTES associated with enrollment growth proposed in the annual Budget Act shall be excluded from the three-year average and shall instead be added to the computed three-year rolling average. (ii) In computing the three-year average pursuant to subparagraph (A), credit FTES generated by students who meet the requirements of subdivision (a) of Section 84810.5 and special admit students pursuant to Sections 76002, 76003, and 76004 shall be excluded. (C) The sum of a community college district’s computed three-year FTES rolling average and current year funded FTES growth shall be multiplied by a community college district’s applicable base allocation funding rate pursuant to subdivision (c), or subparagraph (C) of paragraph (1), as applicable, to compute a community college district’s base allocation. (D) Community college districts are entitled to the restoration of any reductions in their base allocation due to decreases in FTES during the three years following the initial year of decrease if there is a subsequent increase in FTES. (E) For the calculation of the three-year rolling average for the base allocation for the 2020–21 fiscal year, the sum of funded credit FTES for the 2019–20 fiscal year, as adjusted for shifts in summer enrollment between fiscal years, may be used in place of funded credit FTES for the 2020–21 fiscal year. (F) Notwithstanding subparagraph (A), for purposes of calculating the base allocation pursuant to this subdivision for the 2026–27 fiscal year and each fiscal year thereafter, a community college district’s funded credit FTES shall be the greater of the following: (i) The three-year rolling average of funded credit FTES calculated pursuant to subparagraph (A). (ii) The community college district’s current year credit FTES that are eligible for funding pursuant to this section. (3) In addition to the amounts computed pursuant to paragraphs (1) and (2), each community college district shall receive an allocation based on credit base revenues associated with funded FTES generated by students who meet the requirements of subdivision (a) of Section 84810.5 and special admit students pursuant to Sections 76002, 76003, and 76004. FTES generated by students who meet the requirements of subdivision (a) of Section 84810.5 and special admit students pursuant to Sections 76002, 76003, and 76004 shall be multiplied by a community college district’s applicable credit revenue rate computed for the 2017–18 fiscal year pursuant to Section 84750.5, as that section read on January 1, 2018, as adjusted for 2018–19 fiscal year cost-of-living adjustment and other base adjustments, and adjusted for the changes in the cost-of-living and other base adjustments in subsequent annual budget acts. (4) The chancellor shall allocate any funding appropriated in the Budget Act for enrollment growth to support the following: (A) First, for the stated percentage of enrollment growth in the Budget Act and consistent with the growth formula used by the board of governors in the 2015–16 fiscal year. (B) Second, for the amount of uncapped growth attributable to increases in the amount of a community college district’s supplemental allocation. (C) Third, for the amount of uncapped growth attributable to increases in the amount of a community college district’s student success allocation. (e) Commencing with the 2018–19 fiscal year, a supplemental allocation shall be computed for each community college district based on the total points calculated for each community college district in accordance with all of the following: (1) The marginal funding rate per point for computing a supplemental allocation shall be as follows: (A) For the 2018–19 fiscal year, nine hundred nineteen dollars ($919). (B) For the 2019–20 fiscal year, nine hundred forty-eight dollars ($948). (C) (i) Commencing with the 2020–21 fiscal year, the rate specified in subparagraph (B) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts. (ii) For the calculation of the supplemental allocation for the 2020–21 fiscal year, data from the 2018–19 fiscal year, for purposes of paragraphs (2), (3), and (4), may be used in place of data from the 2019–20 fiscal year. (2) Each community college district shall be granted one point for each student who is a recipient of financial aid under the Federal Pell Grant program (20 U.S.C. Sec. 1070a) based on headcount data of students in the prior year. (3) Each community college district shall be granted one point for each student who is granted an exemption from nonresident tuition pursuant to Section 68130.5, based on headcount data of students in the prior year. (4) Each community college district shall be granted one point for each student who receives a fee waiver pursuant to Section 76300, based on headcount data of students in the prior year. (5) For the purpose of calculating the supplemental allocation, the number of students shall be defined as the number of students served by the community college district. (6) It is the intent of the Legislature that the annual Budget Act fully fund increases in the supplemental allocations computed under this section. (f) Commencing with the 2018–19 fiscal year, a student success allocation shall be computed for each community college district based on the total points calculated for each community college district in accordance with all of the following: (1) (A) (i) The marginal funding rate per point for computing student success allocation revenue shall be as follows: (I) For the 2018–19 fiscal year, four hundred forty dollars ($440). (II) For the 2019–20 fiscal year, five hundred fifty-nine dollars ($559). (III) Commencing with the 2020–21 fiscal year, the rate specified in subclause (II) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts. (ii) (I) Commencing with the 2019–20 fiscal year, to calculate the student success allocation for each community college district, the chancellor’s office shall calculate a three-year rolling average for each metric described in this paragraph. To compute the three-year average for each metric, the chancellor’s office shall compute the sum of data for that metric from the prior year, the year before the prior year, and the year before the year before the prior year, and divide the sum by three. (II) For the calculation of the three-year rolling average for the student success allocation for the 2020–21 fiscal year, data from the 2018–19 fiscal year, for purposes of subparagraphs (B), (C), (D), (E), and (F), may be used in place of data from the 2019–20 fiscal year. (B) Each community college district shall be granted, for each student, points for one of the following, with the community college district receiving points based on the outcome that would generate the highest number of points and with the points counted only if the student was enrolled in the community college district in the academic year in which the award was granted: (i) Three points for each chancellor’s office approved associate degree or approved baccalaureate degree granted, excluding an associate degree for transfer granted pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (ii) Four points for each chancellor’s office approved associate degree for transfer degree granted pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (iii) (I) Two points for each chancellor’s office approved credit certificate requiring 18 or more units granted, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (II) Chancellor’s office approved credit certificates requiring 16 or more units granted may be used to compute these points if the chancellor’s office adopts regulations authorizing the approval and issuance of certificates requiring 16 or more units. (C) Each community college district shall be granted two points for each student who successfully completes both transfer-level mathematics and English courses within the student’s first academic year of enrollment, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (D) (i) Each community college district shall be granted one and one-half points for each student who successfully transfers to a four-year university, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (ii) The chancellor’s office may reduce a community college district’s transfer points if a community college district enters into, or expands, a transfer partnership with a private for-profit college that has not demonstrated a track record of providing its students with a baccalaureate degree that leads to a majority of the private for-profit college’s baccalaureate degree program students obtaining a regional living wage within one year of completing their degree program. (iii) The chancellor’s office may reduce a community college district’s transfer points if a community college district enters into, or expands, a transfer partnership with a private for-profit college that does not meet the qualifications to offer its students federal financial aid. (iv) (I) For the 2018–19 fiscal year, the data for this metric shall be compiled using publicly available data on transfer students to in-state private and out-of-state institutions, based upon the definition of transfer students reflected in the Transfer Volume to In-State Private and Out-of-State Baccalaureate Granting Institutions Report from the community college management information system as of January 1, 2019, publicly reported transfer data from the California State University, and publicly reported transfer data from the University of California. (II) Commencing with the 2019–20 fiscal year, the data for this metric shall be based upon a student meeting the following criteria: (ia) The student has an enrollment record in a community college district in the year before the prior year. (ib) The student has completed 12 or more semester units, or the equivalent, systemwide through the end of the prior year. (ic) The student does not have an enrollment record systemwide in the prior year. (id) The student enrolled in a four-year university in the prior year. (ie) The student has completed 12 or more semester units, or the equivalent, in the community college district in the year before the prior year. (E) Each community college district shall be granted one point for each student who successfully completes nine or more career technical education units, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (F) Each community college district shall be granted one point for each student who obtains a regional living wage within one year of community college completion, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (2) (A) (i) Each community college district shall also be granted additional points for an equity component of the student success allocation. The marginal funding per point for the equity component of the student success allocation revenue shall be as follows: (I) For the 2018–19 fiscal year, one hundred eleven dollars ($111). (II) For the 2019–20 fiscal year, one hundred forty-one dollars ($141). (III) Commencing with the 2020–21 fiscal year, the rate specified in subclause (II) adjusted for changes in the cost-of-living adjustment and other base adjustments in subsequent annual budget acts. (ii) (I) Commencing with the 2019–20 fiscal year, to calculate the equity component of the student success allocation for each community college district, the chancellor’s office shall calculate a three-year rolling average for each metric described in this paragraph. To compute the three-year average for each metric, the chancellor’s office shall compute the sum of data for that metric from the prior year, the year before the prior year, and the year before the year before the prior year, and divide the sum by three. (II) For the calculation of the three-year rolling average for the equity component of the student success allocation for the 2020–21 fiscal year, data from the 2018–19 fiscal year, for purposes of subparagraphs (B) and (C), may be used in place of data from the 2019–20 fiscal year. (B) Each community college district shall receive points for a student who received a fee waiver pursuant to Section 76300 and generated points for any of the metrics described in paragraph (1), based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). For each student identified pursuant to this subparagraph, the community college district shall receive the number of points equal to the number of points that the community college was granted for that student for each of the metrics described in paragraph (1). (C) (i) Each community college district shall receive points for a student who received financial aid under the Federal Pell Grant program (20 U.S.C. Sec. 1070a) and generated points for any of the metrics described in paragraph (1), based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (ii) Each community college district shall receive, for each student identified pursuant to clause (i), points for one of the following, with the community college district receiving points based on the outcome that would generate the highest number of points and with the points counted only if the student was enrolled in the community college district in the academic year in which the award was granted: (I) Four and one-half points for each chancellor’s office approved associate degree or approved baccalaureate degree granted, excluding an associate degree for transfer granted pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (II) Six points for each chancellor’s office approved associate for transfer degree granted pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (III) Three points for each chancellor’s office approved credit certificate requiring 16 or more units granted, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (iii) Each community college district shall receive, for each student identified pursuant to clause (i), the number of points equal to the following: (I) Three points for each student who successfully completes transfer-level mathematics and English courses within the student’s first academic year of enrollment, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (II) Two and one-quarter points for each student who successfully transfers to a four-year university, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (III) One and one-half points for each student who successfully completes nine or more career technical education units, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (IV) One and one-half points for each student who obtains a regional living wage within one year of community college completion, based on the three-year rolling average for this metric calculated pursuant to clause (ii) of subparagraph (A). (3) It is the intent of the Legislature that the annual Budget Act fully fund increases in the student success allocations computed under this section. (g) To establish a hold harmless protection for community college districts pursuant to the funding allocation established in this section, a minimum funding level for all community college districts shall be computed as follows: (1) For the 2018–19 and 2019–20 fiscal years, a level of funding to ensure that all community college districts receive at a minimum the total computational revenue the district received in the 2017–18 fiscal year, defined as a district’s final entitlement for general purpose apportionment based on FTES and the number of colleges and comprehensive centers the district operates. (2) Commencing with the 2020–21 fiscal year, and each year thereafter, community college districts shall receive the higher of (A) the funding level determined by the formula established in this section, or (B) the level of funding determined by multiplying the community college district’s new FTES by the associated credit, noncredit, and career development and college preparation rate received by the district in the 2017–18 fiscal year. The level of funding shall be adjusted to include a basic allocation based on the number of colleges and comprehensive centers in the district consistent with the basic allocation rates used in the 2017–18 fiscal year. (3) (A) From the 2019–20 fiscal year to the 2025–26 fiscal year, inclusive, for the San Francisco Community College District and the Compton Community College District, the rates for computing the hold harmless provisions pursuant to paragraphs (1) and (2) shall be multiplied each year by the cost-of-living adjustment identified in the annual Budget Act and adjusted for increases to FTES. The level of funding for the San Francisco Community College District and the Compton Community College District shall be adjusted to include a basic allocation based on the number of colleges and comprehensive centers in the district consistent with the basic allocation rates used in the 2017–18 fiscal year multiplied by the 2018–19 fiscal year cost-of-living adjustment, and adjusted for changes in the cost-of-living in subsequent annual budget acts. The intent of these adjustments is to provide the San Francisco Community College District and the Compton Community College District with the greater of the amount that would have been calculated pursuant to the requirements of Section 84750.5, as that section read on January 1, 2018, adjusted for annual changes in the cost-of-living adjustment identified in the annual Budget Act and adjusted for increases in FTES, or the amount computed pursuant to the funding formula established in this section. (B) For purposes of computing the FTES attributable to this paragraph and subdivision (d), for seven fiscal years beginning in the 2017–18 fiscal year, the San Francisco Community College District shall be entitled to restoration of any reduction in apportionment revenue due to decreases in FTES, up to the level of attendance of FTES funded in the 2012–13 fiscal year, if there is a subsequent increase in FTES. (C) (i) For purposes of computing the FTES attributable to this paragraph and subdivision (d), for seven fiscal years beginning in the fiscal year the Compton Community College District is accredited under the governing authority of the Board of Trustees of the Compton Community College District, the board of governors shall provide allocations to the Compton Community College District in an amount not less than the total amount that the district would receive if the level of attendance of FTES was the same level of attendance as in the 2017–18 fiscal year. The amount shall be adjusted to reflect cost-of-living adjustments, deficits in apportionments, or both, as appropriate for the applicable fiscal years. (ii) For purposes of computing the FTES attributable to this paragraph and subdivision (d), for seven fiscal years beginning in the fiscal year the Compton Community College District is accredited under the governing authority of the Board of Trustees of the Compton Community College District, the Compton Community College District shall be entitled to restoration of any reduction in apportionment revenue due to decreases in FTES, up to the level of attendance of FTES funded in the 2017–18 fiscal year, if there is a subsequent increase in FTES. (iii) In computing statewide entitlements to funding based upon the attendance of FTES, the Compton Community College District shall not be credited with more FTES than were actually enrolled and in attendance. (4) (A) Commencing with the 2020–21 fiscal year, decreases in a community college district’s total revenue computed pursuant to the sum of subdivisions (d), (e), and (f), or computed pursuant to this subdivision shall result in the associated reduction beginning in the year following the initial year of decreases, adjusted for changes in the cost-of-living adjustment. (B) For the 2019–20 fiscal year, a community college district’s total revenue computed pursuant to the sum of subdivisions (d), (e), and (f), or computed pursuant to this subdivision shall be no less than its 2017–18 general purpose apportionment funding computed pursuant to Section 84750.5 adjusted for the cost-of-living adjustments for fiscal years 2018–19 and 2019–20. (h) (1) For the fiscal years 2018–19 to 2024–25, inclusive, each community college district whose increase in 2017–18 general purpose apportionment funding computed pursuant to Section 84750.5, compared to apportionment funding computed pursuant to this section, is less than the year-over-year cost-of-living adjustments applicable to those fiscal years, shall receive discretionary resources in an amount needed to ensure that the community college district receives no less than its 2017–18 general purpose apportionment funding computed pursuant to Section 84750.5 adjusted for annual year-over-year cost-of-living adjustments. (2) For the 2025–26 fiscal year, each community college district shall receive the greater of either of the following: (A) A community college district’s total revenue computed pursuant to the sum of subdivisions (d), (e), and (f) for that fiscal year. (B) A community college district’s general purpose apportionment funding computed for the 2024–25 fiscal year, including the greater of discretionary resources received by the district pursuant to paragraph (1) for the 2024–25 fiscal year or revenue received by the district pursuant to paragraph (4) of subdivision (g) for the 2024–25 fiscal year. (3) Commencing with the 2026–27 fiscal year, each community college district shall receive the greater of either of the following: (A) A community college district’s total revenue computed pursuant to the sum of subdivisions (d), (e), and (f) for that fiscal year. (B) A community college district’s general purpose apportionment funding computed for the 2024–25 fiscal year, including the greater of discretionary resources received by the district pursuant to paragraph (1) for the 2024–25 fiscal year adjusted to reflect the application of a 1.44 percent discretionary cost-of-living adjustment or revenue received by the district pursuant to paragraph (4) of subdivision (g) for the 2024–25 fiscal year adjusted to reflect the application of a 1.44 percent discretionary cost-of-living adjustment. The total amount associated with providing the 1.44 percent discretionary cost-of-living adjustment shall not exceed the amount identified in Section 84750.8 specifically for hold harmless funding levels. (i) The board of governors shall develop the criteria and standards within the statewide minimum requirements established pursuant to this section. (j) (1) Except as specifically provided in statute, regulations of the board of governors for determining and allocating the state general apportionment to the community college districts shall not require community college district governing boards to expend the allocated revenues in specified categories of operation. (2) Except as otherwise provided by statute, current categorical programs providing direct services to students, including extended opportunity programs and services, and disabled student programs and services, shall continue to be funded separately through the annual Budget Act, and shall not be assumed under the budget formula otherwise specified by this section. (k) It is the intent of the Legislature to allow for changes to the criteria and standards developed pursuant to subdivisions (a) and (i) in order to recognize increased operating costs and to improve instruction. (l) Notwithstanding Subchapter 1 (commencing with Section 51000) of Chapter 2 of Division 6 of Title 5 of the California Code of Regulations and Section 84751, the chancellor shall allocate the ongoing funds first appropriated to paragraph (1) of subdivision (e) of provision (2) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2015 (Chapters 10 and 11 of the Statutes of 2015) to all community college districts, including districts that have offsetting local revenues that exceed the funding calculated pursuant to the district’s budget formula, on a per FTES basis by modifying each district’s budget formula pursuant to this section. Any revisions to the budget formula made for the purposes of this subdivision shall be made and reported consistent with the requirements of subdivision (i). (m) (1) (A) The governing board of each community college district shall certify it will do all the following, no later than January 1, 2019: (i) Adopt goals for the community college district that meet the following requirements: (I) Are aligned with the systemwide goals identified in the Vision for Success, which were adopted by the Board of Governors of the California Community Colleges in 2017. (II) Are measurable numerically. (III) Specify the specific timeline for achievement. (ii) For the meeting when the goals are considered for adoption, include in the written agenda an explanation of how the goals are consistent and aligned with the systemwide goals. (iii) Submit the written item and summary of action to the chancellor’s office. (B) The chancellor’s office shall make available guidance to assist governing boards of community college districts in meeting the requirements of this section. The funds apportioned to a community college district pursuant to this section, and for excess tax districts, the Student Equity and Achievement Program, shall be available to implement the activities required pursuant to this paragraph. (2) Each community college district shall align its comprehensive plan pursuant to paragraph (9) of subdivision (b) of Section 70901 with the adopted local plan goals and align its budget with the comprehensive plan. The funds apportioned to a community college district pursuant to this section, and for excess tax districts, the Student Equity and Achievement Program, shall be available to implement the activities required pursuant to this paragraph. (3) If a community college district is identified as needing further assistance to make progress towards achieving specified goals, the chancellor’s office, with the approval from the board of governors, may direct the community college district to use up to 1 percent of the district’s apportionments allocation on technical assistance and professional development to support efforts to meet the district’s efforts towards their goals. (4) (A) The chancellor’s office shall develop processes to monitor the approval of new awards, certificates, and degree programs. The chancellor’s office shall also develop a process to monitor the number of students who transfer to for-profit postsecondary educational institutions and report on the growth of transfer to these institutions compared to four-year public postsecondary educational institutions. (B) The chancellor’s office shall also develop minimum standards, in consultation with the oversight committee established pursuant to Section 84750.41, for the approval of certificates and awards that would count towards the funding formula pursuant to this section. (C) The board of governors shall include instructions in the audit report required by Section 84040 related to the implementation of the funding formula pursuant to this section. The chancellor may require a community college district to repay any funding associated with an audit exception identified in a community college district’s audit report pursuant to this subparagraph. (5) Notwithstanding Section 10231.5 of the Government Code, on or before October 15, 2019, and each year thereafter, the chancellor’s office shall report to the Legislature, consistent with Section 9795 of the Government Code, on the course sections and FTES added at each community college that received apportionment growth funding in the prior fiscal year, including the number of course sections and if any course sections and FTES were added that are within the primary missions of the segment and those that are not within the primary missions of the segment. (6) (A) On or before July 1, 2022, the chancellor’s office shall report to the Legislature and the Department of Finance, consistent with Section 9795 of the Government Code, a description on how community college districts are making progress on advancing the goals outlined in the system’s strategic vision plan. (B) The requirement for submitting a report imposed under subparagraph (A) is inoperative on July 1, 2026, pursuant to Section 10231.5 of the Government Code. (7) Commencing with the 2019–20 fiscal year, the chancellor’s office shall publicly post the data, by community college district, used to calculate the supplemental and student success allocations pursuant to subdivisions (e) and (f) on the internet website of the chancellor’s office. The chancellor’s office shall publicly post a preliminary version of the data for the most recently completed fiscal years by November 15 of each year, and a final version of that data by March 15 of each year. (n) For purposes of this section, the following terms have the following meanings: (1) “Career development and college preparation” means courses in programs that conform to the requirements of Section 84760.5. (2) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (3) “Primary missions of the segment” means credit courses and those noncredit courses specified in paragraphs (2) to (6), inclusive, of subdivision (a) of Section 84757. (Amended by Stats. 2026, Ch. 79, Sec. 21. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84750.5. Source version: id_19ded78d-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) The board of governors, in accordance with the statewide requirements contained in paragraphs (1) to (9), inclusive, of subdivision (d), and in consultation with institutional representatives of the California Community Colleges and statewide faculty and staff organizations, so as to ensure their participation in the development and review of policy proposals, shall develop criteria and standards for the purpose of making the annual budget request for the California Community Colleges to the Governor and the Legislature, and for the purpose of allocating the state general apportionment revenues. (b) In developing the criteria and standards, the board of governors shall use and strongly consider the recommendations and work product of the “System Office Recommendations Based on the Report of the Work Group on Community College Finance” that was adopted by the board at its meeting of March 7, 2005. The board of governors shall complete the development of these criteria and standards, accompanied by the necessary procedures, processes, and formulas for using its criteria and standards, by March 1, 2007, and shall submit on or before that date a report on these items to the Legislature and the Governor. (c) (1) It is the intent of the Legislature in enacting this section to improve the equity and predictability of general apportionment and growth funding for community college districts in order that the districts may more readily plan and implement instruction and related programs, more readily serve students according to the policies of the state’s master plan for higher education, and enhance the quality of instruction and related services for students. (2) It is the intent of the Legislature to determine the amounts to be appropriated for purposes of this section through the annual Budget Act. This section shall not be construed as limiting the authority either of the Governor to propose, or the Legislature to approve, appropriations for California Community Colleges programs or purposes. (d) The board of governors shall develop the criteria and standards within the following statewide minimum requirements: (1) The calculations of each community college district’s revenue level for each fiscal year shall be based on the level of general apportionment revenues, state and local, the community college district received for the prior year plus any amount attributed to a deficit from the adopted standards to be developed pursuant to this section, with revenue adjustments being made for increases or decreases in full-time equivalent students (FTES), for equalization of funding per credit FTES, for necessary alignment of funding per FTES between credit and noncredit programs, for inflation, and for other purposes authorized by law. (2) Commencing with the 2006–07 fiscal year, the funding mechanism developed pursuant to this section shall recognize the need for community college districts to receive an annual allocation based on the number of colleges and comprehensive centers in the community college district. In addition to this basic allocation, the marginal amount of credit revenue allocated per FTES shall be funded at a rate not less than four thousand three hundred sixty-seven dollars ($4,367), as adjusted for the change in the cost of living in subsequent annual budget acts. (A) To the extent that the Budget Act of 2006 contains an appropriation of one hundred fifty-nine million four hundred thirty-eight thousand dollars ($159,438,000) for community college equalization, the Legislature finds and declares that community college equalization for credit FTES has been effectively accomplished as of March 31, 2007. (B) The chancellor shall develop criteria for the allocation of one-time grants for those community college districts that would have qualified for more equalization under prior law than pursuant to this section and the Budget Act of 2006, and for those community college districts that would have qualified for more funding under a proposed rural college access grant than pursuant to this section and the Budget Act of 2006, as determined by the chancellor. Appropriations for the one-time grants shall be provided pursuant to paragraph (24) of subdivision (a) of Section 43 of Chapter 79 of the Statutes of 2006. (3) Noncredit instruction shall be funded at a uniform rate of two thousand six hundred twenty-six dollars ($2,626) per FTES, as adjusted for the change in the cost of living provided in subsequent annual budget acts. (4) Funding for instruction in career development and college preparation, as authorized pursuant to Section 84760.5, shall be provided as follows: (A) (i) Beginning in the 2006–07 fiscal year, career development and college preparation FTES may be funded at a rate of three thousand ninety-two dollars ($3,092) per FTES for courses in programs that conform to the requirements of Section 84760.5. This rate shall be adjusted for the change in the cost of living or as otherwise provided in subsequent annual budget acts. (ii) Beginning in the 2015–16 fiscal year, career development and college preparation FTES shall be funded at the same level as the credit rate specified in paragraph (2). This rate shall be adjusted for the change in the cost of living or as otherwise provided in subsequent annual budget acts. (iii) The Legislative Analyst shall report to the Legislature on or before March 1, 2017, regarding the change in funding specified in clause (ii), including whether community colleges offered additional classes or programs related to career development or college preparation, and whether there was any change in FTES. (iv) (I) The requirement for submitting a report imposed under clause (iii) is inoperative on March 30, 2019, pursuant to Section 10231.5 of the Government Code. (II) A report submitted pursuant to clause (iii) shall be submitted in compliance with Section 9795 of the Government Code. (B) Changes in career development and college preparation FTES shall result in adjustments to revenues as follows: (i) Increases in career development and college preparation FTES shall result in an increase in revenues in the year of the increase and at the average rate per career development and college preparation FTES, including any cost-of-living adjustment authorized by statute or by the annual Budget Act. (ii) Decreases in career development and college preparation FTES shall result in a revenue reduction in the year following the decrease at the average rate per career development and college preparation FTES. (5) Except as otherwise provided by statute, current categorical programs providing direct services to students, including extended opportunity programs and services, and disabled students programs and services, shall continue to be funded separately through the annual Budget Act, and shall not be assumed under the budget formula otherwise specified by this section. (6) For credit and noncredit instruction, changes in FTES shall result in adjustments in community college district revenues as follows: (A) Increases in FTES shall result in an increase in revenues in the year of the increase and at the amount per FTES provided for in paragraph (2) or (3), as appropriate, including any cost-of-living adjustment authorized by statute or by the annual Budget Act. (B) Decreases in FTES shall result in revenue reductions beginning in the year following the initial year of decrease in FTES, and at the district’s marginal funding per FTES. (C) Community college districts shall be entitled to the restoration of any reductions in apportionment revenue due to decreases in FTES during the three years following the initial year of decrease in FTES if there is a subsequent increase in FTES. (7) Revenue adjustments shall be made to reflect cost changes, using the same inflation adjustment as required for school districts pursuant to paragraph (2) of subdivision (d) of Section 42238.02. These revenue adjustments shall be made to the college and center basic allocations, credit and noncredit FTES funding rates, and career development and college preparation FTES funding rates. (8) The statewide requested increase in budgeted workload FTES shall be based, at a minimum, on the sum of the following computations: (A) Determination of an equally weighted average of the rate of change in the state’s population of persons between 19 and 24 years of age and the rate of change in the state’s population of persons between 25 and 65 years of age, both as determined by the Department of Finance’s Demographic Research Unit as determined for the preceding fiscal year. (B) To the extent the state’s unemployment rate exceeds 5 percent for the most recently completed fiscal year, that positive difference shall be added to the rate computed in subparagraph (A). In no event shall that positive difference exceed 2 percent. (C) The chancellor may also add to the amounts calculated pursuant to subparagraphs (A) and (B) the number of FTES in the areas of transfer, vocational education, and basic skills that were unfunded in the current fiscal year. For this purpose, the following computation shall be determined for each community college district, and a statewide total shall be calculated: (i) Establish the base level of FTES earned in the prior fiscal year for transfer courses consisting of courses meeting the California State University breadth or Intersegmental General Education Transfer Curriculum requirements or major course prerequisites accepted by the University of California or the California State University. (ii) Establish the base level of FTES earned in the prior fiscal year for vocational education courses consisting of courses defined by the chancellor’s office Student Accountability Model codes A and B that are consistent with the courses used for measuring success in this program area under the accountability system established pursuant to Section 84754.5. (iii) Establish the base level of FTES in the prior fiscal year for basic skills courses, both credit and noncredit. (iv) Add the sum of FTES for clauses (i) to (iii), inclusive. (v) Multiply the result of the calculation made under clause (iv) by one plus the community college district’s funded growth rate in the current fiscal year. This figure shall represent the maintenance of effort level for the budget year. (vi) FTES in transfer, vocational education, and basic skills that are in excess of the total calculated pursuant to clause (v), shall be considered in excess of the maintenance of effort level, and shall be eligible for overcap growth funding if the community college district exceeds its overall funded FTES. (vii) In no event shall the amount calculated pursuant to clause (vi) exceed the total unfunded FTES for that fiscal year. To the extent the computation specified in subdivision (c) requires the reporting of additional data by community college districts, that reporting shall be a condition of the receipt of apportionment for growth pursuant to this section and those funds shall be available to offset any and all costs of providing the data. (9) Except as specifically provided in statute, regulations of the board of governors for determining and allocating the state general apportionment to the community college districts shall not require community college district governing boards to expend the allocated revenues in specified categories of operation or according to the workload measures developed by the board of governors. (e) (1) The Chancellor of the California Community Colleges shall develop, and the board of governors shall adopt, a revised apportionment growth formula for use commencing with the 2015–16 fiscal year. The chancellor shall allocate apportionments pursuant to the revised formula only after the revised formula, and any formulas for adjustment pursuant to paragraph (2), have been adopted by the board of governors. The revised apportionment growth formula shall support the primary missions of the segment, and shall be based on each community’s need for access to the community colleges, as determined by local demographics. In developing the revised formula, the chancellor shall consider multiple factors in determining need; however, the primary factors shall be: (A) (i) The number of persons under 25 years of age without a college degree, within a community college district’s boundaries, and the number of persons 25 to 64 years of age, inclusive, without a college degree, within a community college district’s boundaries. (ii) Notwithstanding clause (i), the chancellor may use alternative age ranges depending on the availability of data. (B) The number of persons who are unemployed, have limited English skills, who are in poverty, or who exhibit other signs of being disadvantaged, as determined by the chancellor, within a community college district’s boundaries. (2) Beginning with the 2016–17 fiscal year, the chancellor shall adjust upward the need determination based on each community college’s effectiveness in serving residents of neighborhoods, within or outside of the community college district’s boundaries, that exhibit the highest levels of need in the state. (3) The chancellor shall calculate each community college district’s proportionate share of the statewide need for access to the community colleges based on the application of this formula described in paragraph (1), as adjusted pursuant to paragraph (2). (4) The chancellor shall calculate the difference between each community college district’s proportionate share of the statewide need for access to the community colleges, as calculated pursuant to paragraph (3), and its current proportionate share of statewide enrollment in the community colleges. (5) (A) Until a community college district reaches its highest level of apportionment revenues previously received, its apportionment revenues shall be eligible to increase by the lesser of 1 percent of its current apportionment base, or one-half of the statewide growth allocation on a proportionate basis, regardless of need. (B) After a community college district reaches its highest level of apportionment revenues previously received, it is eligible to increase its apportionment revenues by the lesser of one-half of 1 percent of its current apportionment base, or one-quarter of the statewide growth allocation on a proportionate basis, regardless of its need. (6) The remainder of the apportionment growth funding shall be allocated to allow each community college district to grow its apportionment revenues based on its relative share of the difference between the amounts calculated in paragraph (4), up to a maximum of its apportionment base for the preceding fiscal year appropriate to ensure that community college district is advancing the primary missions of the segment. The maximum established by the chancellor shall not be less than 5 percent nor greater than 10 percent of a community college district’s apportionment base for the preceding fiscal year. (7) Unless otherwise agreed upon by the board of governors, apportionment reductions shall be allocated proportionally based on the most recent levels of apportionment revenues. (8) (A) It is the intent of the Legislature, consistent with direction provided in the 2014–15 Budget Act, that apportionment growth funding be expended for purposes of increasing the number of FTES in courses or programs that support the primary missions of the segment. (B) (i) Notwithstanding Section 10231.5 of the Government Code, on or before October 15, 2015, and each year thereafter, the chancellor shall report to the Legislature on the course sections and FTES added at each community college that received apportionment growth funding in the prior fiscal year, including the number of course sections and if any course sections and FTES were added that are within the primary missions of the segment and those that are not within the primary missions of the segment. (ii) A report submitted to the Legislature pursuant to clause (i) shall be submitted in compliance with Section 9795 of the Government Code. (C) For purposes of this section, “primary missions of the segment” means credit courses and those noncredit courses specified in paragraphs (2) to (6), inclusive, of subdivision (a) of Section 84757. (f) (1) It is the intent of the Legislature to allow for changes to the criteria and standards developed pursuant to subdivisions (a) to (d), inclusive, in order to recognize increased operating costs and to improve instruction. (2) (A) If the annual Budget Act identifies funds appropriated specifically for the purposes of this subdivision, the chancellor shall adjust the budget request formula to allocate those funds without altering any of the adjustments described in subdivision (d). At least 30 days before allocating any state general apportionment revenues using a budget request formula revised pursuant to this subdivision, the chancellor shall submit to the Department of Finance and the Legislature a description of the specific adjustments made to the budget request formula. (B) A report to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (g) Notwithstanding Subchapter 1 (commencing with Section 51000) of Chapter 2 of Division 6 of Title 5 of the California Code of Regulations and Section 84751, the chancellor shall allocate the ongoing funds first appropriated pursuant to paragraph (1) of subdivision (e) of provision 2 of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2015 (Chapters 10 and 11, Statutes of 2015) to all community college districts, including districts that have offsetting local revenues that exceed the funding calculated pursuant to the district’s budget formula, on a per FTES basis by modifying each district’s budget formula pursuant to this section. Any revisions to the budget formula made for the purposes of this subdivision shall be made and reported consistent with the requirements of subdivision (f). (h) Commencing with the 2018–19 fiscal year, this section shall only be used to allocate revenue pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution, to compute allocations for noncredit instruction and career development and college FTES, and to compute allocations to community college districts for fiscal years prior to the 2018–19 fiscal year. (Amended by Stats. 2019, Ch. 497, Sec. 91. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84750.6. Source version: id_e7da203f-3e37-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) Consistent with Sections 21 and Section 22 of Article XVI of the California Constitution, the following amounts are hereby appropriated from the Public School System Stabilization Account and shall be transferred by the Controller to Section B of the State School Fund for the support of community college districts: (1) For the 2023–24 fiscal year, five hundred forty-five million eight hundred fifty-one thousand dollars ($545,851,000) to the office of the Chancellor of the California Community Colleges for allocation for the Student Centered Funding Formula pursuant to Section 84750.4. (2) Thirty-one million two hundred thousand dollars ($31,200,000) for Student Centered Funding Formula unused growth to be expended consistent with the requirements specified in Item 6870-101-0001 of Section 2.00 of the Budget Act of 2022. (3) One hundred seventy-seven million dollars ($177,000,000) for Part-Time Faculty Health Insurance to be expended consistent with the requirements specified in Schedule (12) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2022. (4) Twenty-three million six hundred thousand dollars ($23,600,000) for Part-Time Faculty Office Hours to be expended consistent with the requirements specified in Schedule (14) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2022. (5) Ten million dollars ($10,000,000) for the Community College Summer Assistance Program to be expended consistent with the requirements specified in Schedule (24) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2022. (b) (1) Notwithstanding any other law, the following amounts from the following Controller’s reference items, that would otherwise be in satisfaction of subdivision (b) of Section 8 of Article XVI of the California Constitution for the 2022–23 fiscal year, that were unallocated, unexpended, or not liquidated as of June 30, 2023, shall be deferred to the 2023–24 fiscal year: Schedule (1) of Item 6870-101-0001………………….. $31,200,000. Schedule (12) of Item 6870-101-0001………………….. $177,000,000. Schedule (14) of Item 6870-101-0001………………….. $23,600,000. Schedule (24) of Item 6870-101-0001………………….. $10,000,000. (2) It is the intent of the Legislature that the amounts deferred pursuant to paragraph (1) be supported by appropriations reflected in paragraphs (2) to (5), inclusive, of subdivision (a). (c) Notwithstanding subdivision (a) the funds appropriated pursuant to paragraphs (2) and (3) of subdivision (a), and nine million five hundred thousand dollars ($9,500,000) of the amount appropriated pursuant to paragraph (5) of subdivision (a), shall be appropriated for transfer by the Controller to Section B of the State School Fund for expenditure for the same purposes as funds allocated for apportionments in Schedule (1) of Item 6870-101-0001 of Section 2.00 of the Budget Act of 2023 (Chapters 12, 38, 189, and 862 of the Statutes of 2023), as amended by the 2024 Higher Education Trailer Bill. (Added by Stats. 2024, Ch. 71, Sec. 7. (SB 155) Effective July 2, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84750.7. Source version: id_c5696298-a949-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. Consistent with Sections 21 and Section 22 of Article XVI of the California Constitution, for the 2025–26 fiscal year, forty-nine million seven hundred thirty-four thousand dollars ($49,734,000) is hereby appropriated from the Public School System Stabilization Account and shall be transferred by the Controller to Section B of the State School Fund to the office of the Chancellor of the California Community Colleges for allocation for the Student Centered Funding Formula pursuant to Section 84750.4. (Added by Stats. 2025, Ch. 745, Sec. 7. (SB 148) Effective October 13, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84750.8. Source version: id_d94a8b72-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. Beginning in the 2026–27 fiscal year, of the amount appropriated in Schedule (1) of Item 6870-101-0001 of Section 2.00 of the Budget Act for each fiscal year, the sum of one hundred fifty-nine million seven hundred forty-one thousand dollars ($159,741,000) shall be allocated to adjust apportionments to community college districts calculated pursuant to Sections 84750.4 and 84750.5. The amount specified in this section is in addition to the cost-of-living adjustment required pursuant to Sections 84750.4 and 84750.5. Of this amount, thirteen million three hundred thousand dollars ($13,300,000) is provided specifically for adjustments for community college districts funded at the hold harmless funding level pursuant to subparagraph (B) of paragraph (3) of subdivision (h) of Section 84750.4. Any remaining funds after the adjustment is made shall be available for allocation to all other community college districts. Community college districts incurring costs related to providing employees with up to 14 weeks of paid pregnancy disability leave pursuant to Sections 87766 and 88193 shall use the funds allocated pursuant to this section to reimburse these costs. (Added by Stats. 2026, Ch. 79, Sec. 22. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84751. Source version: id_cc174dbe-8186-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) In calculating each community college district’s revenue level for each fiscal year pursuant to Section 84750.4 or subdivision (a) of Section 84750.5, as applicable, the board of governors shall subtract, from the total revenues owed, all of the following: (1) The local property tax revenue specified by law for general operating support, exclusive of bond interest and redemption. (2) Ninety-eight percent of the fee revenues collected pursuant to Section 76300. (3) Timber yield tax revenues received pursuant to Section 38905.1 of the Revenue and Taxation Code. (4) Any amounts received pursuant to Section 33492.15, 33607.5, or 33607.7 of the Health and Safety Code, and Section 33676 of the Health and Safety Code, as amended by Section 2 of Chapter 1368 of the Statutes of 1990, that are considered to be from property tax revenues pursuant to those sections for purposes of community college revenue levels, except those amounts that are allocated exclusively for educational facilities. (b) Notwithstanding subdivision (a), for the 2013–14 fiscal year, revenues received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code after April 15, 2014, shall be counted as revenues received in the 2014–15 fiscal year. (c) Notwithstanding subdivision (a), for the 2014–15 fiscal year, revenues received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code after April 15, 2015, shall be counted as revenues received in the 2015–16 fiscal year. (d) Notwithstanding subdivision (a), for the 2015–16 fiscal year, revenues received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code after April 15, 2016, shall be counted as revenues received in the 2016–17 fiscal year. (Amended by Stats. 2018, Ch. 33, Sec. 37. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84751.6. Source version: id_cf10ff45-1ea6-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) (1) On or before June 30 of each fiscal year, an amount to be determined by the Director of Finance shall be appropriated from the General Fund to the Board of Governors of the California Community Colleges in augmentation of Schedule (1) of Item 6870-101-0001 of Section 2.00 of the Budget Act for that fiscal year. (2) The funds appropriated pursuant to paragraph (1) shall only be available to the extent that revenues distributed to community college districts pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code are less than the estimated amount reflected in the Budget Act for that fiscal year, as determined by the Director of Finance. (b) On or before June 30 of each fiscal year, the Director of Finance shall determine if the revenues distributed to community college districts pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code exceed the estimated amount reflected in the Budget Act for that fiscal year and shall reduce Schedule (1) of Item 6870-101-0001 of Section 2.00 of the Budget Act for that fiscal year by the amount of that excess. (c) In making the determinations pursuant to subdivisions (a) and (b), the Director of Finance shall consider any other local property tax revenues and student fee revenues collected in amounts greater than or less than the estimated amounts reflected in the Budget Act for that fiscal year. (d) The Director of Finance shall notify the Chairperson of the Joint Legislative Budget Committee of his or her intent to notify the Controller of the necessity to take action pursuant to either subdivision (a) or subdivision (b), and shall report either the amount to be appropriated pursuant to subdivision (a) or the amount to be reduced pursuant to subdivision (b). (e) The Controller shall make funds appropriated pursuant to subdivision (a) available not sooner than five days after notification by the Director of Finance. The Chancellor of the California Community Colleges shall work with the Controller to allocate these funds to community college districts as soon as practicable. (f) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for that fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for that fiscal year. (Added by Stats. 2015, Ch. 22, Sec. 15. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84751.7. Source version: id_d3a22027-1ea6-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) (1) On or before June 30 of each fiscal year, an amount to be determined by the Director of Finance shall be appropriated from the General Fund to the Board of Governors of the California Community Colleges in augmentation of Schedule (1) of Item 6870-101-0001 of Section 2.00 of the Budget Act for that fiscal year. (2) The funds appropriated pursuant to paragraph (1) shall only be available to the extent that offsetting revenues distributed to community college districts pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution are less than the estimated amount reflected in the Budget Act for that fiscal year, as determined by the Director of Finance. (b) On or before June 30 of each fiscal year, the Director of Finance shall determine if the offsetting revenues distributed to community college districts pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution exceed the estimated amount reflected in the Budget Act for that fiscal year and shall reduce Schedule (1) of Item 6870-101-0001 of Section 2.00 of the Budget Act for that fiscal year by the amount of that excess. (c) The Director of Finance shall notify the Chairperson of the Joint Legislative Budget Committee of his or her intent to notify the Controller of the necessity to take action pursuant to either subdivision (a) or subdivision (b), and shall report either the amount to be appropriated pursuant to subdivision (a) or the amount to be reduced pursuant to subdivision (b). (d) The Controller shall make funds appropriated pursuant to subdivision (a) available not sooner than five days after notification by the Director of Finance. The Chancellor of the California Community Colleges shall work with the Controller to allocate these funds to community college districts as soon as practicable. (e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for that fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for that fiscal year. (Added by Stats. 2015, Ch. 22, Sec. 16. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84752. Source version: id_fef7caec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) No community college district shall receive full-time equivalent student (FTES) funding for activities that are fully funded through another source. The Board of Governors of the California Community Colleges shall adopt regulations to implement this subdivision. (b) The State Auditor shall report to the Legislature by January 1, 2000, on the status of community college district compliance with this section. In preparing this report, the State Auditor shall use the audit methodology used in the Bureau of State Audits Report No. 96103. (Amended by Stats. 1997, Ch. 690, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84753. Source version: id_fef9518e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. Notwithstanding any other provision of law, for the purposes of this article, the revenue level, or full-time equivalent student (FTES) funding for the South Orange County Community College District for the 1996–97 fiscal year, and future fiscal years, shall not include any amounts that should have been allocated to the Saddleback Community College District in the 1994–95 fiscal year but that were not received by the district until the 1996–97 fiscal year, and future fiscal years, due to the bankruptcy proceedings initiated on December 6, 1994, by the County of Orange by its filing of a voluntary Chapter 9 petition in United States Bankruptcy Court, Case No. SA 94-22273-JR. These amounts shall not be included in the revenue limit, or FTES, computations for the 1996–97 fiscal year, and future fiscal years, but these amounts shall be treated as being received by the Saddleback Community College District in the 1994–95 fiscal year or the 1995–96 fiscal year, or both. In 1997, the Saddleback Community College District changed its name to the South Orange County Community College District. For the purposes of this section, the “Saddleback Community College District” means the South Orange County Community College District, and the “South Orange County Community College District” means the Saddleback Community College District. (Added by Stats. 1997, Ch. 242, Sec. 2. Effective August 6, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84754.5. Source version: id_4ee3f8c0-03e8-11da-bd8e-cca0f815df02 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. Pursuant to provisions of Chapter 581 of the Statutes of 2004, the board of governors provided the Governor and the Legislature recommendations regarding the design of a workable structure for the annual evaluation of district-level performance in meeting statewide educational outcome priorities. The Legislature recognizes that these recommendations were based on a study process that included input from institutional representatives of community college districts, nationally regarded experts in community college accountability, the Department of Finance, the Office of the Legislative Analyst, community college organizations, and other interested parties. In enacting this section the Legislature hereby establishes a program for the annual reporting and evaluation of district-level performance in achieving priority educational outcomes consistent with the intent of Chapter 581 of the Statutes of 2004. The program includes the following components: (a) As a condition of receiving specified funds in the annual Budget Act to encourage district-level accountability efforts, community college districts shall provide data, in a format and according to a schedule to be specified by the Office of the Chancellor of the California Community Colleges, for the purpose of the annual report to the Legislature specified in subdivision (b) and for purposes of providing the means for both internal and external assessment of the district’s educational offerings in meeting the high-priority educational goals of the state. The chancellor shall withhold, delay, or reduce funds specified in the annual Budget Act to encourage district-level accountability efforts from a district that fails to provide needed data by specified deadlines. If a district’s failure to report by specified deadlines results in the omission of required data from, or inclusion of erroneous data in, the annual report required by subdivision (b), the chancellor shall reduce that district’s funding as specified in regulations for the implementation of this section. (b) With data available through its management information system and other data provided pursuant to subdivision (a), and utilizing resources provided for this purpose in the annual Budget Act, the chancellor shall prepare an annual report to the Legislature, the Governor, the Department of Finance, and the Office of the Legislative Analyst evaluating the achievement of educational outcomes for each community college district and, as warranted, each college. This report shall be provided to the Legislature annually on or before March 31, beginning in 2007. Preliminary data reported from the districts shall be provided to the Department of Finance and the Office of the Legislative Analyst by January 31 of each year, beginning in 2007. For each district, and college as warranted, the report shall: (1) include performance data for the immediately preceding fiscal year, reflecting all measures specified in subdivision (c); (2) compare each district’s and college’s achievement with peer groups within the system as applicable to specific metrics; and (3) compare each district’s and college’s achievements with that of the system as a whole. The report shall further include a profile with summary background information on each district’s or college’s educational programs, missions, students, and service area demographics. (c) (1) The report shall include, but not be limited to, district or college-level performance on outcome measures in the following categories: (A) Student progress and achievement: degrees, certificates, and transfers. (B) Student progress and achievement: vocational, occupational, and workforce development. (C) Pre-collegiate improvement, including basic skills and English-as-a-second language. (2) The specific measures to be included in the report shall reflect the April 2005 board of governors recommendations as refined and amended in consultation with the Department of Finance and the Office of the Legislative Analyst, and shall be periodically reviewed, in consultation with the Department of Finance and the Office of the Legislative Analyst, and, if necessary, modified by the chancellor. It is the intent of the Legislature that specific performance metrics and annual reporting requirements may be specified in annual Budget Acts, if warranted, by changes in state needs, legislative priorities, or the availability of data. (d) As a condition of receiving specified funds in the annual Budget Act, each community college district board of trustees shall annually review and adopt its contribution to the segmentwide annual report as part of a regularly scheduled and noticed public meeting at which public comment shall be invited. (e) The board of governors shall adopt regulations that it deems necessary to carry out this section no sooner than 30 days after notification in writing by the chancellor to the Director of Finance and the Chairperson of the Joint Legislative Budget Committee. (Added by Stats. 2005, Ch. 73, Sec. 21. Effective July 19, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84754.6. Source version: id_a7c5d053-48ef-11e4-95b1-e62827160777 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) The Chancellor of the California Community Colleges, in coordination with community college stakeholder groups, the appropriate fiscal and policy committees of the Legislature, and the Department of Finance, shall develop, and the board of governors shall adopt, a framework of indicators designed to measure the ongoing condition of a community college’s operational environment in the following areas: (1) Accreditation status. (2) Fiscal viability. (3) Student performance and outcomes. (4) Programmatic compliance with state and federal guidelines. (b) As a condition of receipt of funds appropriated for purposes of Article 1 (commencing with Section 78210) of Chapter 2 of Part 48, each community college within a community college district shall develop, adopt, and publicly post a goals framework that addresses at least all of the areas specified in subdivision (a). The development of the goals framework shall be guided by the statewide goals outlined in Section 66010.91. It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93. (c) The board of governors shall annually develop, adopt, and publicly post a systemwide goals framework that addresses at least all of the areas specified in subdivision (a). The development of the systemwide goals shall be guided by the statewide goals set forth in Section 66010.91. It is the intent of the Legislature that these goals be challenging and quantifiable, address achievement gaps for underrepresented populations, and align the educational attainment of California’s adult population to the workforce and economic needs of the state, pursuant to the legislative intent expressed in Section 66010.93. (d) Before the commencement of the 2015–16 fiscal year, and before the commencement of each fiscal year thereafter, the Chancellor of the California Community Colleges shall publicly post both of the following: (1) Annually developed systemwide goals adopted by the board of governors. (2) Locally developed and adopted community college or community college district goals and targets. (e) Subject to the availability of funding in the annual Budget Act, the board of governors and the Chancellor of the California Community Colleges shall assess the degree to which each community college district is improving its outcomes in regard to the areas specified in subdivision (a) and any additional issues addressed in the goals frameworks described in subdivision (b), and shall offer technical assistance to community college districts that are not improving. (f) If a community college district is receiving technical assistance pursuant to subdivision (e), the community college district shall submit a turnaround plan that details all of the following: (1) The problem the technical assistance is attempting to solve. (2) How the identified problem will be addressed in a plan adopted by the governing board of the community college district. (3) A timetable of major milestones for improvement. (4) Updates that will be submitted to the Chancellor of the California Community Colleges on the outcomes in regard to those milestones, as scheduled by the chancellor. (Amended by Stats. 2014, Ch. 687, Sec. 8. (SB 876) Effective September 27, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84755. Source version: id_fef95192-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) The Legislature finds and declares that program-based funding, once implemented, will more adequately and accountably fund the costs of providing quality community college education. Given that program-based funding will not be implemented until fiscal year 1991–92, given that community colleges will be entering a period of major reform and incurrence of new state mandates commencing in January 1989, and given that community colleges will be entering this period of reform having lost purchasing power since the 1977–78 fiscal year, the Legislature recognizes the need to create a transitional funding mechanism for program improvement and mandate funding that can operate until program-based funding is implemented. (b) For the purpose of improving the quality of community college educational programs and services, for the purpose of reimbursing state-mandated local program costs imposed by this act, and for the purposes of initially implementing specified reforms, the board of governors shall, from amounts appropriated for purposes of this section, allocate program improvement revenues to each district on the basis of an amount per unit of average daily attendance funded in the prior fiscal year. However, this amount shall be increased or decreased to provide for equalization in a manner determined by the Board of Governors, consistent with Sections 84703 to 84705, inclusive. Each community college district shall use its allocation to initially reimburse state-mandated local program costs, and then to implement specified reforms and make authorized program and service improvements as follows: (1) Developing articulated programs provided for in Section 69 of Chapter 973 of the Statutes of 1988 with school districts and campuses of the University of California and California State University. (2) Applying minimum qualifications to all newly hired faculty and administrators, including candidates for these positions as required by Section 87356. (3) Developing and administering a process for waiver of minimum qualifications as required by Section 87359. (4) Establishing and applying local hiring criteria as required by Section 87360. (5) Establishing and applying faculty service areas and competency criteria as required by Sections 87743 to 87743.5, inclusive. (6) Evaluating temporary employees, instituting peer review evaluation, and widely distributing evaluation procedures as required by Section 87663. (7) Establishing and applying new processes for tenure evaluation required by Section 87610.1. (8) Establishing and applying the tenure denial grievance procedure required by Section 87610.1. (9) Establishing and applying a process for moving administrators into faculty positions as required by Sections 87454 to 87458, inclusive. (10) Publishing and distributing a report on the affirmative action success rate as required by Section 87102. (11) Improving instruction by reducing the ratio of full-time equivalent students to full-time equivalent instructors. (12) Improving instruction by increasing the hiring of full-time instructors and limiting the practice of hiring part-time instructors. (13) Augmenting budgets for college libraries and learning resources. (14) Augmenting budgets for plant maintenance and operations. (15) Adding new courses or programs to serve community need. (16) Making progress towards affirmative action goals and timetables established by the district. (17) Developing and maintaining programs and services authorized by Section 78212.5. (18) Augmenting budgets for student services in the areas of greatest need. (19) Providing for release time for faculty and staff as deemed appropriate by the governing board of each community college district, to enable faculty and staff participation in implementing reforms. (20) Developing and administering a program that provides for reassignment of up to 20 percent of the time of individual tenured faculty member’s teaching assignments, as determined by the governing board of each community college district, to counsel and assist newly hired faculty acquire teaching and classroom management skills. A governing board shall approve reassignment time for no more than 5 percent of the district’s full-time equivalent tenured faculty in any one fiscal year. (c) Except as provided by Section 87482.6, and except as necessary to reimburse the costs of new state mandates, district governing boards shall have full authority to expend program improvement allocations for any or all of the authorized purposes specified in subdivision (b). (d) As required by the board of governors, the governing board of each community college district shall submit to the board of governors a plan for using the resources allocated pursuant to this section. The board of governors shall review each plan to ensure that proposed expenditures are consistent with the listing of authorized expenditures provided in this section, and the board of governors shall approve all plans to the full extent that expenditures are authorized by this section. To the extent that a community college district expends its program improvement allocation consistent with its plan, the board of governors shall include the district’s allocation as part of the district’s base budget for subsequent years. (e) The board of governors, through the annual systemwide budget submitted pursuant to paragraph (5) of subdivision (b) of Section 70901, shall request necessary resources for the purposes of this section. It is the intent of the Legislature that the appropriation and allocation of program improvement money not otherwise provided pursuant to subdivision (b) shall be accomplished through the annual state budget process beginning with the 1989–90 fiscal year. After June 30, 1991, if Section 84750 is implemented, it is the intent of the Legislature to fund the ongoing operations of community college districts pursuant to Section 84750. (Amended by Stats. 1993, Ch. 449, Sec. 1. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84756. Source version: id_fefad834-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. It is the intent of the Legislature that community college districts with noncredit programs recognize the importance of noncredit programs and that they will continue to support these offerings. It is also the intent of the Legislature that community college districts with noncredit programs consider the need for both credit and noncredit allocations in allocating future growth pursuant to board of governors regulations. (Added by Stats. 1995, Ch. 758, Sec. 125. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84757. Source version: id_ac2cef28-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) For purposes of this chapter, the following noncredit courses, noncredit classes, and support services shall be eligible for funding: (1) Parenting, including parent cooperative preschools, classes in child growth and development and parent-child relationships. (2) Elementary and secondary foundational skills and other courses and classes such as pretransfer-level academic courses or classes in reading, mathematics, and language arts. (3) English as a second language. (4) Classes and courses for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation classes in the foundational skills of speaking, listening, reading, writing, mathematics, decisionmaking and problem solving skills, and other classes required for preparation to participate in job-specific technical training. (5) Education programs for persons with substantial disabilities. (6) Short-term vocational programs with high employment potential. (7) Education programs for older adults. (8) Education programs for home economics. (9) Health and safety education. (10) Supervised tutoring for foundational skills and for degree-applicable and transfer-level courses, as authorized pursuant to regulations adopted by the board of governors on or before July 31, 2023. These regulations shall ensure that community colleges are compliant with Section 78213 in the implementation of supervised tutoring pursuant to this paragraph. (b) No state apportionment shall be made for any class or course that is not set forth in subdivision (a) and for which no credit is given. (Amended by Stats. 2022, Ch. 927, Sec. 1.5. (AB 1187) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84757.5. Source version: id_3817dc18-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) The chancellor’s office, in conjunction with the department, shall annually report on the number and types of courses being taught and the number of students being served with funding provided to the regional consortia established pursuant to Section 84830. The chancellor’s office shall annually report on the number and types of noncredit courses being taught and the number of students being served with funding provided to the community colleges for the courses offered pursuant to Section 84757. (b) The chancellor’s office shall identify any deficits in course offerings based upon levels, types, and needs for adult education programs identified in the consortia plans submitted as required under subdivision (c) of Section 84830. (Added by Stats. 2014, Ch. 545, Sec. 3. (SB 173) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84758. Source version: id_fefad838-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. Not later than May 15 of each year, the Department of Finance shall notify the Legislature and the Chancellor’s Office of the California Community Colleges of the amount of revenue estimated to be available to community college districts during the next fiscal year from local property taxes, exclusive of bond interest and redemption, and timber taxes received. Not later than March 15 of each year, the chancellor’s office shall certify to the Department of Finance the amount of revenue available from these tax sources for the current fiscal year. The Department of Finance shall subtract the total amount of available revenue certified by the chancellor’s office from the total amount of available revenue estimated by the department the preceding May. The Department of Finance shall notify the Legislature of the resulting difference and shall advise the Legislature as to whether the difference represents a net surplus or a net deficit in the funds appropriated to meet the requirements of Section 84750. (Added by Stats. 1995, Ch. 758, Sec. 127. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84759. Source version: id_fefad83a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) As used in this section, the following terms mean: (1) “CalWORKs recipient” means a recipient of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any successor program. (2) “Direct excess costs” means the fixed, variable, and one-time costs associated with providing noncredit instructional services to CalWORKs recipients, as determined by the chancellor’s office. (b) Notwithstanding any other provision of law, a community college district, to the extent funding is made available in the annual Budget Act, shall receive funding for noncredit instruction developed for and targeted to CalWORKs recipients, including funding to offset the direct excess cost of providing noncredit instruction to CalWORKs recipients when the cost of providing a specific course offering exceeds the average cost of noncredit instruction. (Added by Stats. 1997, Ch. 270, Sec. 18. Effective August 11, 1997. Operative January 1, 1998, by Sec. 183 of Ch. 270.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84760.5. Source version: id_757ddf2b-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) For purposes of this chapter, the following career development and college preparation courses and classes for which credit is not given, and courses that are offered in both face-to-face and distance education instructional methods, leading to a certificate of completion, that lead to improved employability or job placement opportunities, or to a certificate of competency in a recognized career field by articulating with college-level coursework, completion of an associate of arts degree, or for transfer to a four-year degree program, are eligible for funding subject to subdivision (b): (1) Classes and courses in elementary and secondary basic skills. (2) Classes and courses for students, eligible for educational services in workforce preparation classes, in the basic skills of speaking, listening, reading, writing, mathematics, decisionmaking, and problem solving skills that are necessary to participate in job-specific technical training. (3) Short-term vocational programs with high employment potential, as determined by the chancellor in consultation with the Employment Development Department using job demand data provided by that department. (4) Classes and courses in English as a second language and vocational English as a second language. (b) The board of governors shall adopt criteria and standards for the identification of career development and college preparation courses and the eligibility of these courses for funding, including the definition of courses eligible for funding pursuant to subdivision (a). The criteria and standards shall be based on recommendations from the chancellor, the statewide academic senate, and the statewide association of chief instructional officers. The career and college preparation courses to be identified for this higher rate of funding should include suitable courses that meet one or more of the qualifications described in subdivision (a). (c) A district that offers courses described in subdivision (a), but that is not eligible for funding under subdivision (b), shall be eligible for funding under Section 84757. (d) The chancellor, in consultation with the Department of Finance and the Legislative Analyst’s Office, shall develop specific outcome measures for career development and college preparation courses for incorporation into the annual report required by subdivision (b) of Section 84754.5. (e) The chancellor shall prepare and submit to the Department of Finance and the Legislature, on or before November 1 of each year, a report that details, at a minimum, the following: (1) The amount of FTES claimed by each community college district for career development and college preparation courses and classes. (2) The specific certificate programs and course titles of career development and college preparation courses and classes receiving additional funding pursuant to this section, and the number of those courses and classes receiving additional funding. (Amended by Stats. 2023, Ch. 450, Sec. 1. (AB 634) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84810.5. Source version: id_ee92aa70-8186-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) (1) Open course provisions in statute or regulations of the board of governors shall be waived for any governing board of a community college district for classes the district provides to inmates of any city, county, or city and county jail, road camp, farm for adults, or state or federal correctional facility. This section does not authorize the waiver of open course provisions in any context or situation other than those that are specifically authorized by this section. Subject to limitations set forth in subdivision (b), the board of governors may include the units of full-time equivalent students (FTES) generated in those classes for purposes of state apportionments. (2) The attendance hours generated by credit courses shall be funded at the marginal credit rate determined pursuant to paragraph (1) of subdivision (c) of Section 84750.4 or paragraph (2) of subdivision (d) of Section 84750.5, as applicable. The attendance hours generated by noncredit courses shall be funded at the noncredit rate pursuant to paragraph (2) of subdivision (c) of Section 84750.4 or paragraph (3) of subdivision (d) of Section 84750.5, as applicable. The attendance hours generated by instruction in career development and college preparation shall be funded at the rate determined pursuant to paragraph (3) of subdivision (c) of Section 84750.4 or paragraph (4) of subdivision (d) of Section 84750.5, as applicable. (b) (1) A community college district shall not claim, for purposes of state apportionments under this section, any class to which either of the following applies: (A) The district receives full compensation for its direct education costs for the conduct of the class from any public or private agency, individual, or group of individuals. (B) The district has a contract or instructional agreement, or both, for the conduct of the class with a public or private agency, individual, or group of individuals that has received from another source full compensation for the costs the district incurs under that contract or instructional agreement. (2) In reporting a claim for apportionment to the Chancellor of the California Community Colleges under this section, the district shall report any partial compensation it receives from the sources described in subparagraphs (A) and (B) of paragraph (1) during the period for which the claim is made. The chancellor shall subtract the amount of any partial compensation received from the total apportionment to be paid. (c) This section does not provide a source of funds to shift, supplant, or reduce the costs incurred by the Department of Corrections and Rehabilitation in providing inmate education programs. (Amended by Stats. 2018, Ch. 33, Sec. 38. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84810.7. Source version: id_422e8ffa-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) On or before March 1, 2015, the Department of Corrections and Rehabilitation and the Office of the Chancellor of the California Community Colleges shall enter into an interagency agreement to expand access to community college courses that lead to degrees or certificates that result in enhanced workforce skills or transfer to a four-year university. The courses for inmates in a state correctional facility developed as a result of this agreement will serve to supplement, but not duplicate or supplant, any adult education course opportunities offered at that facility by the Office of Correctional Education of the Department of Corrections and Rehabilitation. (b) The Department of Corrections and Rehabilitation, in collaboration with the Office of the Chancellor of the California Community Colleges, shall develop metrics for evaluations of the efficacy and success of the programs developed through the interagency agreement established pursuant to this section, conduct the evaluations, and report findings from the evaluations to the Legislature and the Governor on or before July 31, 2018. (c) (1) The requirement for submitting a report imposed under subdivision (b) is inoperative on July 31, 2022, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2014, Ch. 695, Sec. 2. (SB 1391) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2. Program-Based Funding [84750.4 - 84811] SECTION 84811. Source version: id_d8a67b31-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2. (a) (1) Open course provisions in statute or regulations of the board of governors shall be waived for any governing board of a community college district for community college courses the district provides to military personnel, their dependents, and authorized civilian employees on a military base. This section does not authorize the waiver of open course provisions in any context or situation other than those that are specifically authorized by this section. Subject to limitations set forth in subdivision (b), the board of governors may include the units of full-time equivalent students (FTES) generated in those community college courses for purposes of state apportionments. (2) The attendance hours generated by credit courses shall be funded at the marginal credit rate determined pursuant to subdivision (c) of Section 84750.4. The attendance hours generated by noncredit courses shall be funded at the noncredit rate pursuant to paragraph (3) of subdivision (d) of Section 84750.5. The attendance hours generated by instruction in career development and college preparation shall be funded at the rate determined pursuant to paragraph (4) of subdivision (d) of Section 84750.5. (b) (1) A community college district shall not claim, for purposes of state apportionments under this section, any class to which either of the following applies: (A) The district receives full compensation for its direct education costs for the conduct of the class from any public or private agency, individual, or group of individuals. (B) The district has a contract or instructional agreement, or both, for the conduct of the class with a public or private agency, individual, or group of individuals that has received from another source full compensation for the costs the district incurs under that contract or instructional agreement. (2) In reporting a claim for apportionment to the Chancellor of the California Community Colleges under this section, the district shall report any partial compensation it receives from the sources described in subparagraphs (A) and (B) of paragraph (1) during the period for which the claim is made. The chancellor shall subtract the amount of any partial compensation received from the total apportionment to be paid. (Added by Stats. 2021, Ch. 562, Sec. 1. (AB 576) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 2.5. Adjustments to Lottery Fund Allocations [84820- 84820.] SECTION 84820. Source version: id_fefde582-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=2.5. Any lottery revenue allocated to a public education entity pursuant to Section 8880.5 of the Government Code shall not be reduced by more than one-half of 1 percent per year when that reduction is the direct result of any entity changing its method of computing workload units. (Amended by Stats. 1995, Ch. 758, Sec. 129. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 3. Adult Education Consortium Program [84830- 84830.] SECTION 84830. Source version: id_cdf0fb00-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=3. (a) The Chancellor of the California Community Colleges and the State Department of Education shall, pursuant to funding made available in the annual Budget Act, jointly provide two-year planning and implementation grants to regional consortia of community college districts and school districts for the purpose of developing regional plans to better serve the educational needs of adults. (1) Eligibility shall be limited to consortia consisting of at least one community college district and at least one school district within the boundaries of the community college district, either of which may serve as the consortium’s fiscal agent, as determined by the applicant consortium. (2) If a community college district chooses not to participate in a consortium, a neighboring community college district may form a consortium with school districts within the boundaries of the nonparticipating community college district. (3) Consortia may include other entities providing adult education courses, including, but not necessarily limited to, correctional facilities, other local public entities, and community-based organizations. (b) Grant funds provided pursuant to this section shall be used by each regional consortium to create and implement a plan to better provide adults in its region with all of the following: (1) Elementary and secondary basic skills, including classes required for a high school diploma or high school equivalency certificate. (2) Classes and courses for immigrants eligible for educational services in citizenship and English as a second language, and workforce preparation classes in basic skills. (3) Education programs for adults with disabilities. (4) Short-term career technical education programs with high employment potential. (5) Programs offering pre-apprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. (c) (1) The classes and courses described in paragraphs (1) and (2) of subdivision (b) shall distribute basic information on American government and civics that includes, but is not limited to, instruction on all of the following: (A) Federal, state, and local government. (B) The three branches of government. (C) The importance of civic engagement. (D) Registering to vote. (2) It is the intent of the Legislature that, consistent with the requirements of Sections 51225.3 and 52555, students enrolled in classes and courses described in paragraphs (1) and (2) of subdivision (b) in which instruction in American government and civics is appropriate shall receive instruction in American government and civics. (d) Each regional consortium’s plan shall include, at a minimum: (1) An evaluation of current levels and types of adult education programs within its region, including education for adults in correctional facilities; credit, noncredit, and enhanced noncredit adult education coursework; and programs funded through Title II of the federal Workforce Investment Act of 1998, known as the Adult Education and Family Literacy Act (Public Law 105-220). (2) An evaluation of current needs for adult education programs within its region. (3) Plans for parties that make up the consortium to integrate their existing programs and create seamless transitions into postsecondary education or the workforce. (4) Plans to address the gaps identified pursuant to paragraphs (1) and (2). (5) Plans to employ approaches proven to accelerate a student’s progress toward his or her academic or career goals, such as contextualized basic skills and career technical education, and other joint programming strategies between adult education and career technical education. (6) Plans to collaborate in the provision of ongoing professional development opportunities for faculty and other staff to help them achieve greater program integration and improve student outcomes. (7) Plans to leverage existing regional structures, including, but not necessarily limited to, local workforce investment areas. (e) The Chancellor of the California Community Colleges and the State Department of Education may identify additional elements that consortia must include in a plan. (f) (1) On or before March 1, 2014, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but not necessarily be limited to, both of the following: (A) The status of developing regional consortia across the state, including identification of unserved geographic areas or emerging gaps in regional program delivery. (B) The status and allocation of grant awards made to regional consortia. (2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. (g) (1) On or before March 1, 2015, the Chancellor of the California Community Colleges and the State Department of Education shall submit a joint report to the Legislature and the Governor. This report shall include, but is not limited to, both of the following: (A) The plans developed by regional consortia across the state. (B) Recommendations for additional improvements in the delivery system serving adult learners. (2) The report shall be submitted to the Legislature as provided in Section 9795 of the Government Code. (h) It is the intent of the Legislature to work toward developing common policies related to adult education affecting adult schools at local educational agencies and community colleges, including policies on fees and funding levels. (i) It is the intent of the Legislature to provide additional funding in the 2015–16 fiscal year to regional consortia to expand and improve the provision of adult education. (Amended by Stats. 2015, Ch. 13, Sec. 38. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 6. Handicapped Students [84850- 84850.] SECTION 84850. Source version: id_d1189526-ca37-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=6. (a) The Board of Governors of the California Community Colleges shall adopt rules and regulations for the administration and funding of educational programs and support services to be provided to disabled students by community college districts pursuant to Article 3 (commencing with Section 67310) of Chapter 14 of Part 40 of Division 5. (b) As used in this section, “disabled students” are persons with exceptional needs who have applied to or enrolled at a community college who, because of a verified disability, cannot fully benefit from classes, activities, and services regularly provided by the college without specific additional specialized services or educational programs. (c) The regulations adopted by the board of governors shall provide for the apportionment of funds to each community college district to offset the direct excess cost of providing specialized support services or instruction, or both, to disabled students enrolled in state-supported disabled student services programs or courses. Direct excess costs are those actual fixed, variable, and one-time costs, as defined in Section 67311, which exceed the combined total of the following: (1) The average cost to the district of providing services to nondisabled students times the number of students served by disabled student programs and services. (2) The indirect cost to the district of providing facilities and support for the administration of disabled student programs and services. (3) The revenue derived from average daily attendance in special classes. (4) Any other funds for serving disabled students which the district receives from federal, state, or local sources. (d) As a condition of receiving funds pursuant to this section, each community college district shall certify that reasonable efforts have been made to utilize all funds from federal, state, or local sources which are available for serving disabled students. Districts shall also provide the programmatic and fiscal information concerning programs and services for disabled students that the regulations of the board of governors require. (e) The board of governors may authorize the chancellor, consistent with the requirements the board may impose, to designate up to 3 percent of the funds allocated pursuant to this section for program development and program accountability. (Amended by Stats. 2016, Ch. 109, Sec. 1. (AB 2791) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 8. Flexible Calendar [84890- 84890.] SECTION 84890. Source version: id_feff6c2a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=8. A community college district board may offer, subject to the approval of the Board of Governors of the California Community Colleges, and in accordance with rules and regulations to be adopted by the board of governors, courses under a flexible calendar. (Amended by Stats. 1990, Ch. 1372, Sec. 688.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84900. Source version: id_3463be44-8187-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. The Adult Education Program is hereby established under the administration of the Chancellor of the California Community Colleges and the Superintendent of Public Instruction. (Amended by Stats. 2018, Ch. 33, Sec. 40. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84901. Source version: id_131fd972-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. For purposes of this article, the following definitions shall apply, unless otherwise specified: (a) “Adult” means a person 18 years of age or older. (b) “Carryover” means the amount of unspent adult education program funds from the prior fiscal year, certified on or before September 1 of the current fiscal year, expressed as a percentage of the prior fiscal year’s allocation. (c) “Consortium” means an adult education consortium approved pursuant to this article. (d) “Executive director” means the executive director of the State Board of Education. (e) “Immigrant integration” means a two-way process in which immigrants and the receiving society work together to build secure, thriving, cohesive, and inclusive communities. In the process, immigrants are embraced and welcomed by the receiving society with effective, culturally relevant, and linguistically accessible programs and services that facilitate their linguistic, economic, civic, and social integration and provide upward social and economic mobility, increased civic participation, and multigenerational integration, and service providers encourage immigrants to maximize their contributions to the economic and civic life of their communities. (f) “Program” means the Adult Education Program established by Section 84900. (Amended by Stats. 2025, Ch. 779, Sec. 1. (SB 670) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84902. Source version: id_4546681a-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) The chancellor and the Superintendent are the state officials responsible for identifying and understanding the educational needs of adults in the state. (b) The chancellor and the Superintendent shall use the powers provided by this article to support the effective provision of services that address the educational needs of adults in all regions of the state. (c) In performing duties under this article, the chancellor and the Superintendent shall seek advice from, and coordinate with, other state officials responsible for programs for adults. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84903. Source version: id_4546681c-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) The chancellor and the Superintendent, with the advice of the executive director, shall divide the state into adult education regions and shall determine the physical boundaries of each region. (b) When determining the boundaries of the adult education regions, the chancellor and the Superintendent shall consider factors that impact the provision of adult education, including all of the following: (1) Economic and demographic factors, including the locations of regional labor markets. (2) The boundaries of regions used to distribute funds for other state programs. (3) The presence of adult education providers that have demonstrated effectiveness in meeting the educational needs of adults. (c) Until otherwise determined by the chancellor and the Superintendent, the physical boundaries of the adult education regions shall be the same as the physical boundaries of the regions established for purposes of providing planning and implementation grants pursuant to Section 84830. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84904. Source version: id_4546681e-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) The chancellor and the Superintendent, with the advice of the executive director, shall approve one adult education consortium in each adult education region. (b) Until otherwise determined by the chancellor and the Superintendent, the consortia to which planning and implementation grants were apportioned pursuant to Section 84830 shall be deemed approved for purposes of this section. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84905. Source version: id_d25f3868-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. The chancellor and the Superintendent, with the advice of the executive director, shall approve, for each consortium, rules and procedures that adhere to all of the following conditions: (a) Any community college district, school district, or county office of education, or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these, located within the boundaries of the adult education region shall be permitted to join the consortium as a member. (b) As a condition of joining a consortium, a member shall commit to reporting any funds available to that member for the purposes of education and workforce services for adults and the uses of those funds. (c) A member of the consortium shall be represented only by an official designated by the governing board of the member. (d) (1) Decisionmaking procedures are specified that ensure that all of the following conditions are satisfied: (A) All members of the consortium shall participate in any decision made by the consortium. (B) A proposed decision is considered at an open, properly noticed public meeting of the consortium at which members of the public may comment. (C) The consortium has provided the public with adequate notice of a proposed decision and considered any comments submitted by members of the public, and any comments submitted by members of the public have been distributed publicly. (D) (i) The consortium has requested comments regarding a proposed decision from other entities located in the adult education region that provide education and workforce services for adults. (ii) The consortium has considered and responded to any comments submitted by entities pursuant to clause (i). (iii) For purposes of this subparagraph, entities that provide education and workforce services to adults include, but are not necessarily limited to, local public agencies, departments, and offices, particularly those with responsibility for local public safety and social services; workforce investment boards; libraries; and community-based organizations. (E) The consortium has considered input provided by pupils, teachers employed by local educational agencies, community college faculty, principals, administrators, classified staff, and the local bargaining units of the school districts and community college districts before it makes a decision. (F) A decision is final. (2) For purposes of this subdivision, a decision includes approval of an adult education plan pursuant to Section 84906 and approval of a distribution schedule pursuant to Section 84913. (e) The members of the consortium may decide to designate a member to serve as the fund administrator to receive and distribute funds from the program. If a member is chosen to be the fund administrator, the member shall commit to developing a process to apportion funds to each member of the consortium pursuant to the consortium’s adult education plan within 45 days of receiving funds appropriated for the program. This process shall not require a consortium member to be funded on a reimbursement basis. (Amended by Stats. 2016, Ch. 24, Sec. 18. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84906. Source version: id_9082f5fb-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) (1) Commencing with the 2019–20 fiscal year, as a condition of receipt of an apportionment of funds from this program for a fiscal year, the members of a consortium shall have a consortium-approved three-year adult education plan that addresses a three-year fiscal planning cycle. The plan shall be updated at least once each year based on available data pertaining to the requirements of subdivision (b). (2) For the 2018–19 fiscal year, as a condition of receipt of an apportionment of funds from this program, the members of a consortium shall have a consortium-approved adult education plan that satisfies subdivision (c). (3) (A) Before establishing a career technical education training program, each member of a local adult education consortium, or the consortium as a whole, shall conduct a job market study of the labor market area in which it proposes to establish the career technical education training program or rely upon the most recent job market study of the labor market area conducted by the local workforce development board. The study shall use local labor market information and consider a supply analysis of existing career technical education training programs for adults maintained by high schools, community colleges, and other postsecondary educational institutions in the geographic area to ensure that the anticipated employment demand for adults enrolled in the proposed training program justifies the establishment of the proposed courses of instruction. (B) After completing the job market study and before establishing the career technical education training program, the governing body of a member of a local adult education consortium, or the consortium as a whole, as applicable, shall determine if the job market study justifies the proposed career technical education program. (b) An adult education plan shall include all of the following: (1) An evaluation of the educational needs of adults in the region. (2) A list of the following: (A) Entities that provide education and workforce services to adults in the region. (B) Entities that are impacted by, or that have a fundamental interest in, the provision of those services. (3) A description of the services provided by entities listed pursuant to paragraph (2). (4) An evaluation of current levels and types of education and workforce services for adults in the region. (5) An evaluation of the funds available to the members of the consortium and the entities listed pursuant to paragraph (2), including funds other than those apportioned pursuant to this article. (6) Actions that the members of the consortium will take to address the educational needs identified pursuant to paragraph (1). (7) Actions that the members of the consortium will take to improve the effectiveness of their services. (8) Actions that the members of the consortium, the entities listed pursuant to paragraph (2), and other interested parties will take to improve integration of services and to improve transitions into postsecondary education and the workforce, including actions related to all of the following: (A) Placement of adults seeking education and workforce services into adult education programs. (B) Alignment of academic standards and curricula for programs across entities that provide education and workforce services to adults. (C) Qualifications of instructors, including common standards across entities that provide education and workforce services to adults. (D) Collection and availability of data. (9) A description of the alignment of adult education services supported by this program with those described in other education and workforce plans guiding services in the region, including plans pertaining to the building of career pathways and the employment of workforce sector strategies and those required pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (10) A description of the ways in which each of the entities identified in paragraph (2) contributed to the development of the plan. (c) For the 2015–16, 2016–17, 2017–18, and 2018–19 fiscal years, a regional plan developed pursuant to Section 84830 shall satisfy the requirements of this section. (Amended by Stats. 2021, Ch. 666, Sec. 100. (AB 486) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84907. Source version: id_45468f34-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. No later than July 31, 2015, the chancellor and the Superintendent, with the advice of the executive director, shall certify, for each school district and county office of education, the amount of state funds required to be expended for adult education pursuant to paragraph (7) of subdivision (a) of Section 42238.03, and paragraph (3) of subdivision (k) of Section 2575, respectively. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84908. Source version: id_4546b646-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) If the total amount certified for all school districts and county offices of education pursuant to Section 84907 is less than three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: (1) Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district or county office of education in an amount equal to the amount certified for that school district or county office of education pursuant to Section 84907. As a condition of receipt of an apportionment, a school district or county office of education is required to be a member of a consortium. (2) (A) (i) With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for the program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). (ii) The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. (B) Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: (i) Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). (ii) Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. (b) If the total amount certified for all school districts and county offices of education pursuant to Section 84907 equals or exceeds three hundred seventy-five million dollars ($375,000,000), the chancellor and the Superintendent shall do both of the following: (1) Apportion funds appropriated for the program in the Budget Act of 2015, no later than August 30, 2015, to each school district or county office of education in an amount equal to the amount certified for that school district or county office of education pursuant to Section 84907 multiplied by three hundred seventy-five million dollars ($375,000,000), divided by the total amount certified for all school districts and county offices of education pursuant to Section 84907. (2) (A) (i) With the concurrence of the executive director, approve a schedule of allocations to each consortium, no later than October 30, 2015, of any funds appropriated for this program in the Budget Act of 2015 that remain after funds have been apportioned pursuant to paragraph (1). (ii) The chancellor and the Superintendent shall determine the amount to be allocated to each consortium pursuant to this paragraph based on that adult education region’s share of the statewide need for adult education. (B) Using the schedule approved pursuant to subparagraph (A), the chancellor and the Superintendent shall do one of the following for each consortium: (i) Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the schedule pursuant to subparagraph (A). (ii) Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. (c) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84909. Source version: id_4546b648-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) This section shall apply commencing with the 2016–17 fiscal year. (b) The chancellor and the Superintendent, with the advice of the executive director, shall approve, no later than February 28 of the prior fiscal year, a preliminary schedule of allocations to each consortium of any funds proposed in the Governor’s Budget for the program. (c) The chancellor and the Superintendent, with the advice of the executive director, shall approve, within 15 days of enactment of the annual Budget Act, a final schedule of allocations to each consortium of any funds appropriated by the Legislature for the program. (d) The chancellor and the Superintendent shall determine the amount to be allocated to each consortium based on the following: (1) The amount of funds apportioned to the members of that consortium in the immediately preceding fiscal year. (2) That adult education region’s share of the statewide need for adult education. (3) That consortium’s effectiveness in meeting the educational needs of adults in the adult education region based on available data. (e) Using the final schedule approved pursuant to subdivision (c), the chancellor and the Superintendent shall do one of the following for each consortium: (1) Apportion funds to a fund administrator designated by the members of a consortium beginning no more than 30 days after approval of the final schedule of allocations. (2) Apportion funds to members of a consortium beginning no more than 30 days after receipt of a final distribution schedule from that consortium. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84910. Source version: id_4546dd5a-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. The chancellor and the Superintendent shall, when approving a schedule of allocations for a fiscal year, also present preliminary projections for the amounts that would be allocated in the subsequent two fiscal years. This preliminary presentation shall not constitute a binding commitment of funds. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84911. Source version: id_4546dd5c-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. To determine the need for adult education, the chancellor and the Superintendent shall consider, at a minimum, measures related to adult population, employment, immigration, educational attainment, and adult literacy. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84912. Source version: id_4546dd5e-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. The chancellor and the Superintendent shall apportion funds appropriated for the program in a given year in compliance with all of the following: (a) No more than one-twelfth of the total amount appropriated shall have been apportioned by the end of July. (b) No more than one-sixth of the total amount appropriated shall have been apportioned by the end of August. (c) No more than one-quarter of the total amount appropriated shall have been apportioned by the end of September. (d) No more than one-third of the total amount appropriated shall have been apportioned by the end of October. (e) No more than five-twelfths of the total amount appropriated shall have been apportioned by the end of November. (f) No more than one-half of the total amount appropriated shall have been apportioned by the end of December. (g) No more than seven-twelfths of the total amount appropriated shall have been apportioned by the end of January. (h) No more than two-thirds of the total amount appropriated shall have been apportioned by the end of February. (i) No more than three-quarters of the total amount appropriated shall have been apportioned by the end of March. (j) No more than five-sixths of the total amount appropriated shall have been apportioned by the end of April. (k) No more than eleven-twelfths of the total amount appropriated shall have been apportioned by the end of May. (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84913. Source version: id_936b22ca-8187-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) Funds apportioned for the program shall be used only for support of the following: (1) Programs in elementary and secondary basic skills, including programs leading to a high school diploma or high school equivalency certificate. (2) Programs for immigrants eligible for educational services in citizenship, English as a second language, and workforce preparation. (3) Programs for adults, including, but not limited to, older adults, that are primarily related to entry or reentry into the workforce. (4) Programs for adults, including, but not limited to, older adults, that are primarily designed to develop knowledge and skills to assist elementary and secondary school children to succeed academically in school. (5) Programs for adults with disabilities. (6) Programs in career technical education that are short term in nature and have high employment potential. (7) Programs offering preapprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. (8) (A) Indirect costs of the program’s consortium members. (B) For purposes of this paragraph, “indirect costs” means either of the following: (i) For consortium members that are school districts and county offices of education, the lesser of the member’s prior year indirect cost rate, as approved by the department, or no more than 5 percent of the total funding received from the program. (ii) For community college consortium members, the lesser of the member’s prior year negotiated indirect cost rate or no more than 5 percent of the total funding received from the program. (b) A consortium may use no more than 5 percent of funds allocated in a given fiscal year for the sum of the following: (1) The costs of administration of these programs. (2) The costs of the consortium. (Amended by Stats. 2018, Ch. 33, Sec. 43. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84914. Source version: id_bc5aeebc-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) As a condition of receipt of an apportionment from the program, a consortium shall approve a distribution schedule that includes both of the following: (1) The amount of funds to be distributed to each member of the consortium for that fiscal year. (2) A narrative justifying how the planned allocations are consistent with the adult education plan. (b) (1) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium greater than the amount allocated in the prior fiscal year, the amount of funds to be distributed to a member of that consortium shall be equal to or greater than the amount distributed in the prior fiscal year, unless the consortium makes at least one of the following findings related to the member for which the distribution would be reduced: (A) The member no longer wishes to provide services consistent with the adult education plan. (B) The member cannot provide services that address the needs identified in the adult education plan. (C) The member has been consistently ineffective in providing services that address the needs identified in the adult education plan, including having excessive carryover for at least two consecutive fiscal years beginning with the 2022–23 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements. (2) For any fiscal year for which the chancellor and the Superintendent allocate an amount of funds to the consortium less than the amount allocated in the prior fiscal year, the amount of funds to be distributed to a member of that consortium shall not be reduced by a percentage greater than the percentage by which the total amount of funds allocated to the consortium decreased, unless the consortium makes at least one of the following findings related to the member for which the distribution would be reduced further: (A) The member no longer wishes to provide services consistent with the adult education plan. (B) The member cannot provide services that address the needs identified in the adult education plan. (C) The member has been ineffective in providing services that address the needs identified in the adult education plan, including having excessive carryover for at least two consecutive fiscal years beginning with the 2022–23 fiscal year, and each fiscal year thereafter, and reasonable interventions have not resulted in improvements. (c) A distribution schedule shall also include preliminary projections of the amount of funds that would be distributed to each member of the consortium in each of the subsequent two fiscal years. The preliminary projections shall not constitute a binding commitment of funds. (d) (1) For purposes of this section, a finding made by a consortium shall require a majority vote of its membership. (2) A consortium that makes a finding by majority vote pursuant to subparagraph (C) of paragraph (1) of subdivision (b) or subparagraph (C) of paragraph (2) of subdivision (b) based on a member having excessive carryover for at least two consecutive fiscal years may reduce the member’s allocation by no more than the amount of the member’s carryover. (e) (1) A consortium with carryover from one or more prior fiscal years exceeding 20 percent shall be required to submit a written expenditure plan, including future corrective actions to reduce the consortium’s carryover to below 20 percent, to the chancellor and the Superintendent. (2) For each fiscal year that a consortium has carryover of more than 20 percent, the chancellor and the Superintendent shall prescribe and assign technical assistance to that consortium to ensure that adequate adult education services are provided to the region in proportion to the region’s available funding. (3) The chancellor and the Superintendent shall ensure that the consortium funding remains dedicated to that consortium’s region. (Amended by Stats. 2022, Ch. 519, Sec. 2. (AB 1491) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84914.1. Source version: id_9248cc67-61a2-11e7-8adc-8aa4aa845353 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. Program funds received by a participating school district shall be deposited in a separate fund of the school district to be known as the Adult Education Fund. Moneys in an Adult Education Fund shall be expended only for adult education purposes. (Added by Stats. 2017, Ch. 23, Sec. 11. (SB 85) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84915. Source version: id_45470474-1c33-11e5-8cba-d4489b8ee864 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) It is the intent of the Legislature to coordinate programs that support education and workforce services for adults. (b) No later than January 31, 2016, the chancellor and the Superintendent shall submit to the Director of Finance, to the State Board of Education, and, in conformity with Section 9795 of the Government Code, to the Legislature a plan approved by the chancellor and the Superintendent to distribute funds from the following programs to the consortia: (1) (A) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act). (B) The plan for allocating funds under this paragraph shall comply with the criteria enumerated in subsection (e) of Section 3321 of Title 29 of the United States Code related to base disbursement of these funds. (2) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270). (Added by Stats. 2015, Ch. 13, Sec. 39. (AB 104) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84916. Source version: id_c3d1f17e-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. Commencing with the 2019–20 fiscal year, any community college district, school district, or county office of education or any joint powers authority consisting of community college districts, school districts, county offices of education, or a combination of these entities, that receives funds from any of the following programs or allocations, shall be a member of a consortium pursuant to this article and any other entity that receives funds from any of the following programs or allocations shall participate in a consortium pursuant to this article. Each consortium shall use the 2018–19 fiscal year as a planning year to engage with members and participants located within the boundaries of the adult education region that receive funding from the following list, and shall include those entities in planning activities related to the consortium’s three-year plan, as adopted pursuant to Section 84906: (a) The Adults in Correctional Facilities program. (b) The federal Adult Education and Family Literacy Act (Title II of the federal Workforce Innovation and Opportunity Act). (c) The federal Carl D. Perkins Career and Technical Education Act (Public Law 109-270). (d) Local control funding formula apportionments received for students who are 19 years of age or older. (e) Community college apportionments received for providing instruction in courses in the areas listed in subdivision (a) of Section 84913. (f) State funds for pretransfer-level education and job training services for participants in the CalWORKs program. (g) State funds for adult literacy or career online high school programs. (Amended by Stats. 2022, Ch. 465, Sec. 10. (AB 2973) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84917. Source version: id_65e4d9ae-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) To inform actions taken by the Governor and the Legislature related to adult education, the chancellor and the Superintendent shall report to the Director of Finance, the Statewide Director of Immigrant Integration, the state board, and, in compliance with Section 9795 of the Government Code, the Legislature about the use of the funds described in paragraph (5) of subdivision (b) of Section 84906 and outcomes for adults statewide and in each adult education region. The chancellor and the Superintendent shall provide a report on or before February 1 of each fiscal year for which funds are appropriated for the program. Each report submitted pursuant to this subdivision shall be based on all data available at the time of its submission, and shall include at least all of the following: (1) A summary of the adult education plan operative for each consortium. (2) The distribution schedule for each consortium. (3) The types and levels of services provided by each consortium. (4) The effectiveness of each consortium in meeting the educational needs of adults in its respective region. (5) Any recommendations related to delivery of education, immigrant integration, and workforce services for adults, including recommendations related to improved alignment of state programs. (b) (1) The chancellor and the Superintendent may require a consortium, as a condition of receipt of an apportionment, to submit any reports or data necessary to produce the report described in subdivision (a). (2) The chancellor and the Superintendent shall align the data used to produce the report described in subdivision (a) with data reported by local educational agencies for other purposes, such as data used for purposes of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (3) The Employment Development Department and the California Workforce Investment Board shall provide any assistance needed to align delivery of services across state and regional workforce, education, and job service programs. (Amended by Stats. 2024, Ch. 998, Sec. 26. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 5. Community College Apportionment [84750.4 - 84920] ARTICLE 9. Adult Education Program [84900 - 84920] SECTION 84920. Source version: id_553027e9-fcf0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=5.&article=9. (a) To the extent that one-time funding is made available in the Budget Act of 2015, consistent with the provisions of Section 84917, the chancellor and the Superintendent shall identify common measures for determining the effectiveness of members of each consortium in meeting the educational needs of adults. At a minimum, the chancellor and the Superintendent shall accomplish both of the following: (1) Define the specific data each consortium shall collect. (2) Establish a menu of common assessments and policies regarding placement of adults seeking education and workforce services into adult education programs to be used by each consortium to measure educational needs of adults and the effectiveness of providers in addressing those needs. (b) Consistent with the provisions of Section 84917, the chancellor and the Superintendent, with input from the Statewide Director of Immigrant Integration and adult education program providers, shall identify common measures consistent with, but not limited to, the English literacy and civics (EL Civics) education program’s Civic Objectives and Additional Assessment Plans under Title II of the federal Workforce Innovation and Opportunity Act (Public Law 113-128) for meeting the needs of immigrant and refugee adults seeking integration. At a minimum, the chancellor and the Superintendent, with input from the Statewide Director of Immigrant Integration, shall accomplish both of the following: (1) Define the specific data each consortium may collect. (2) Establish a menu of common assessments and policies regarding placement of adults seeking immigrant integration into adult education programs to be used by each consortium to measure educational needs of adults and the effectiveness of providers in addressing those needs. (c) No later than August 1, 2017, the chancellor and the Superintendent shall report to the Director of Finance, the State Board of Education, and the appropriate policy and fiscal committees of the Legislature on options for integrating the assessments described in subdivision (a) into the common assessment system developed pursuant to Section 78219. The report shall address compliance of the assessments with federal and state funding requirements for adult education programs, identify estimated costs and timelines for the assessments, and identify changes in policies that may be needed to avoid duplicate assessments. (d) It is the intent of the Legislature that both of the following occur: (1) That the educational needs of adults in the state be better identified and understood through better sharing of data across state agencies. (2) That, at a minimum, the chancellor and the Superintendent shall enter into agreements to share data related to effectiveness of the consortia between their agencies and with other state agencies, including, but not necessarily limited to, the Employment Development Department and the California Workforce Investment Board. (e) The chancellor and the Superintendent, with input from the Statewide Director of Immigrant Integration and adult education program providers, as applicable, shall identify, no later than July 1, 2019, the measures for assessing the effectiveness of consortia that will be used in the report that is required pursuant to Section 84917. These measures shall include, but not necessarily be limited to, all of the following, as applicable: (1) How many adults are served by members of the consortium. (2) How many adults served by members of the consortium have demonstrated the following: (A) Improved literacy skills. (B) Immigrant integration in the areas consistent with, but not limited to, those already identified for English literacy and civics under Title II of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), including increased participation in civic and community life. (C) Completion of high school diplomas or their recognized equivalents. (D) Completion of postsecondary certificates, degrees, or training programs. (E) Placement into jobs. (F) Improved wages. (f) The chancellor and the Superintendent shall apportion the funds appropriated for purposes of this section in the Budget Act of 2015 in accordance with both of the following: (1) Eighty-five percent of these funds shall be used for grants to consortia to establish systems or obtain data necessary to submit any reports or data required pursuant to subdivision (b) of Section 84917. (2) Fifteen percent of these funds shall be used for grants for development of statewide policies and procedures related to data collection or reporting or for technical assistance to consortia, or both. (g) The chancellor and the Superintendent shall provide any guidance to the consortia necessary to support the sharing of data included in systems established by consortia pursuant to this section across consortia. (Amended by Stats. 2018, Ch. 751, Sec. 2. (AB 2098) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 3. Temporary Transfer, County to District, Excess Balances [85220 - 85223] SECTION 85220. Source version: id_ff00f2d2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=3. Whenever prior to the receipt by a community college district of its state, county, city and county, or district funds, any district does not have sufficient money to its credit to meet current expenses of maintenance, the board of supervisors of the county or city and county shall order, and the auditor and treasurer of the county or city and county shall make a temporary transfer from any funds of the county or city and county not immediately needed to pay claims against them to the school fund of the district of the amount needed, not exceeding 85 percent of the amount of money which will accrue to the community college district during the fiscal year. Upon the making of the transfer the auditor shall immediately notify the superintendent of schools of the county, or city and county, of the amount transferred. Each transfer of funds requested under this section shall be granted in order of receipt by the board of supervisors, regardless of whether sufficient county funds are available for transfer to meet pending or anticipated requests of community college districts. The funds transferred under this section to the credit of a community college district shall be retransferred by the auditor and treasurer to the funds from which they were taken from the first moneys accruing to the district or county school service fund and before any other obligation of the district is paid from the money accruing. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 3. Temporary Transfer, County to District, Excess Balances [85220 - 85223] SECTION 85221. Source version: id_ff00f2d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=3. The county superintendent of schools of each county with the approval of the county board of education, may make temporary transfers to a community college district which does not have sufficient money to its credit to meet current operating expenses from the county school service fund, in such amounts and at such times as he deems necessary. Such transfers shall not exceed 85 percent of the amount of money accruing to the district at the time of transfer. The amounts so transferred shall be repaid to the county school service fund prior to June 30 of the current year from any funds subsequently received by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 3. Temporary Transfer, County to District, Excess Balances [85220 - 85223] SECTION 85222. Source version: id_ff027976-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=3. The county superintendent of schools, with the approval of the county board of education, may make an apportionment to a community college district from the county school service fund conditional upon the repayment to the fund during the next succeeding fiscal year of the amount apportioned to the district and shall, during the next succeeding fiscal year, transfer the amount of such apportionment from the general fund of the district to the county school service fund. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 3. Temporary Transfer, County to District, Excess Balances [85220 - 85223] SECTION 85223. Source version: id_ff027978-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=3. Upon the request of the board of governors, the auditor and treasurer of a county or city and county shall make a temporary transfer from any funds of the county or city and county not immediately needed to pay claims against them to the general fund of the newly organized community college district for the purpose of meeting the current expense of the district until the district receives its first state apportionments or district tax funds. Upon making the transfer, the auditor shall immediately notify the superintendent of schools of the county or the city and county of the amount transferred. The funds transferred under this section to the general fund of a newly organized district shall be retransferred by the auditor and the treasurer to the fund from which they were taken from the first moneys accruing to the district after it becomes effective for all purposes and before any other obligation of the district is paid from the money accruing. (Amended by Stats. 1995, Ch. 758, Sec. 130. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85230. Source version: id_ff02797c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. (a) Except as otherwise provided in this code, money shall be paid from the funds of any community college district for the payment of the expenses of the district, only as provided in this article. (b) The Legislature reaffirms the status of the California Community Colleges as a segment of public higher education and the role of the Board of Governors of the California Community Colleges in providing general supervision over community college districts. The Legislature also reaffirms its grant of substantial fiscal autonomy to community college districts. It is the intent of the Legislature to provide for certain relationships between county offices and community college districts while confirming that governance authority over the community college districts rests with district governing boards and the board of governors. (Amended by Stats. 1990, Ch. 1372, Sec. 699.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85231. Source version: id_ff02797e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. All payments from the funds of a community college district shall be made by written order of the governing board of the district. Orders shall be on forms prescribed by the county superintendent of schools. Forms may be printed and furnished by the board of supervisors or the county superintendent of schools. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85232. Source version: id_ff040020-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. Each order drawn on the funds of a community college district shall be signed by at least a majority of the members of the governing board of the district, or by a person or persons authorized by the governing board to sign orders in its name. No person other than an officer or employee of the district shall be authorized to sign orders. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85233. Source version: id_ff040022-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. The governing board of each community college district shall be responsible for filing, or causing to be filed, with the county superintendent of schools the verified signature of each person, including members of the governing board, authorized to sign orders in its name. Except for districts determined to be fiscally accountable pursuant to Section 85266 and districts determined to be fiscally independent pursuant to Section 85266.5, no order on the funds of any district shall be approved by the county superintendent of schools unless the signatures are on file in the superintendent’s office and he or she is satisfied that the signatures on the order are those of persons authorized to sign the order. (Amended by Stats. 1995, Ch. 758, Sec. 131. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85234. Source version: id_ff040024-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. Each order drawn against the funds of a community college district shall be numbered and shall state: (a) the particular fund or funds of the district against which it is drawn, (b) the amount of the payment to be made from each fund, and (c) the rate of salary and the period of service of any employee of the district for whom an order is issued for payment of salary or wages. If drawn for any purpose other than the payment of salaries or wages of district employees, the order shall be accompanied by an itemized bill showing the separate items and the price of each. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85235. Source version: id_faa1eeb0-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. Each order drawn against the funds of a community college district shall be transmitted to the county superintendent of schools, and, if approved and signed by him or her, shall become a requisition on the county auditor. The county superintendent may prescribe alternative procedures for districts determined to be fiscally accountable pursuant to Section 85266. (Amended by Stats. 2005, Ch. 654, Sec. 23. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85236. Source version: id_fae73512-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. The county superintendent of schools may examine each order on community college district funds transmitted to him or her, in the order in which it is received in his or her office. If it appears that the order is properly drawn for the payment of legally authorized expenses against the proper funds of the district, and that there are sufficient moneys in the fund or funds against which the order is drawn to pay it, he or she shall endorse upon it “examined and approved,” and shall, in attestation thereof, affix his or her signature and number and date the requisition and transmit it directly to the county auditor, in the order in which the order is received in his or her office. The county superintendent may prescribe alternative methods for districts determined to be fiscally accountable pursuant to Section 85266. (Amended by Stats. 2005, Ch. 654, Sec. 24. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85237. Source version: id_fb2e7744-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. (a) If, at any time during a fiscal year, the county superintendent of schools concludes that the expenditures of a community college district in the territory within his or her jurisdiction are likely to exceed the anticipated income of the district for that fiscal year, he or she shall notify the district in writing of that conclusion, and may conduct a comprehensive review of the financial and budgetary conditions of the district. (b) The superintendent shall report his or her findings and recommendations under this section to the governing board of the district, and may include recommendations of methods by which the budgeted expenditures for the balance of the fiscal year may be brought into balance with the revenue of the district. The report shall be made to the governing board at a public meeting of the governing board. The governing board shall, no later than 15 days after receipt of the report, notify the county superintendent of schools of its proposed actions on those recommendations. (Amended by Stats. 2005, Ch. 654, Sec. 25. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85237.5. Source version: id_fb7480f6-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. (a) At any time during a fiscal year, the county superintendent may audit the expenditures and internal controls of community college districts he or she determines to be fiscally accountable. The county superintendent shall report his or her findings and recommendation to the governing board of the district. (b) The governing board shall, no later than 15 days after receipt of the report made under this section, notify the county superintendent of schools of its proposed actions on his or her recommendation. Upon review of the governing board report, the county superintendent, at his or her discretion, may revoke the authority for the district to be fiscally accountable pursuant to Section 85266. (Amended by Stats. 2005, Ch. 654, Sec. 26. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85238. Source version: id_fbb97938-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. If the order is disapproved by the county superintendent of schools, it shall be returned to the governing board of the community college district, except as otherwise provided in this code for the registration of warrants, with a statement of his or her reasons for disapproving the order. (Amended by Stats. 2005, Ch. 654, Sec. 27. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85239. Source version: id_fc02902a-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. (a) The county auditor may examine each order and requisition on community college district funds transmitted by the county superintendent of schools. If the county auditor allows the order and requisition, he or she shall endorse thereon “examined and allowed,” and shall date, number, and sign it, whereupon it shall become a warrant on the county treasurer. The county auditor shall detach any bill attached to the requisition, and shall number the bill, giving it the same number given to the warrant, and file it in his or her office. The county auditor shall thereupon return the order, requisition, and warrant to the county superintendent of schools, who shall transmit it to the governing board of the district for issuance to the payee or to the order of the payee. (b) (1) Any requisition of the county superintendent of schools, whether based upon written order of the governing board of a community college district or authorized by law, shall constitute full authority for the signature for allowance thereof by the county auditor as a warrant on the county treasurer, and no other authority shall be necessary or required for that action by the county auditor. (2) “Requisition,” as used in this section, includes any order or demand signed by the county superintendent of schools directing the county auditor to draw his or her warrant on the county treasurer. (Amended by Stats. 2005, Ch. 654, Sec. 28. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85239.1. Source version: id_3d368648-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. The county auditor may authorize the destruction of any bill or supporting document received from a school district for purposes of Section 85239 if all of the following conditions are met: (a) The record, paper, or document is photographed, microphotographed, or reproduced on film of a type approved for permanent photographic records by the National Institute of Standards and Technology. (b) The device used to reproduce such record, paper, or document on film is one which accurately reproduces the original thereof in all details. (c) The photographs, microphotographs, or other reproductions on film are placed in conveniently accessible files and provision is made for preserving, examining, and using the same. (Amended by Stats. 2017, Ch. 573, Sec. 74. (SB 800) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85240. Source version: id_fc4a95ac-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. (a) In lieu of drawing a warrant as provided in Section 85239, the county auditor may, with the approval of the governing board of the community college district, endorse, date, and number the order and requisition, and may prepare a separate warrant on the county treasurer for the same amount as the order and requisition. The warrant shall show that it had been drawn on the order of a community college district, shall name the community college district, and shall show the payee and date of issue, as well as other information deemed appropriate by the county auditor. (b) The county auditor shall draw the separate warrant by signing it, and no other signature shall be required. Thereupon, the county auditor shall transmit the separate warrant to the county superintendent of schools, who shall transmit it to the governing board of the district for issuance to the payee or to the order of the payee, or, with the approval of the governing board of the district, shall transmit it to the payee. (c) The order and requisition may direct the transfer of the amount of the separate warrant from the funds of the district to a clearing fund in the county treasury, which shall be known as the Schools Commercial Revolving Fund, to the end that separate warrants for all districts may be drawn against a single revolving fund. (Amended by Stats. 2005, Ch. 654, Sec. 29. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85241. Source version: id_ff0586d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. The governing board of any community college district may, with the approval of the county auditor and county treasurer, in lieu of issuing single orders for the payment of the salary or wages of each employee, issue payroll orders, on forms prescribed by the county superintendent of schools for the payment of the salaries or wages of two or more employees. Payroll orders may be drawn only for the payment of salaries and wages of employees, and shall constitute requisitions on the county auditor and warrants on the county treasurer when approved and signed by the county superintendent of schools and allowed and signed by the county auditor, respectively. (Amended by Stats. 1979, Ch. 797.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85242. Source version: id_ff070c78-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. Each payroll order drawn pursuant to this article shall be drawn, approved, and issued in the same manner and shall contain the same minimum content as prescribed for single orders. Each payroll order shall list the names of all employees in whose favor the order is drawn and shall state the amount of money due each. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85243. Source version: id_fd258c5e-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. (a) The county superintendent of schools shall keep, open to the inspection of the public, a register of warrants, showing the fund upon which the requisitions have been drawn, the number, in whose favor, and for what purpose they were drawn. (b) The county superintendent of schools shall prescribe rules for community college districts determined to be fiscally accountable, pursuant to Section 85266, that retain copies of warrants and supporting documents within the district files. (Amended by Stats. 2005, Ch. 654, Sec. 30. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 4. Requisitions and Warrants [85230 - 85244] SECTION 85244. Source version: id_fd6de000-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=4. (a) Orders for the payment of wages and payroll orders for the payment of wages of employees employed full time in positions that are not academic positions shall be drawn twice during each calendar month on days designated in advance by the governing board of each community college district to which this section is made applicable. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month. (b) The governing board of each community college district that has 5,000 or more full-time equivalent students (FTES), and the governing board of each district with less than 5,000 FTES in a county with a population in excess of 4,000,000 persons as determined by the 1960 federal census, shall make this section applicable to the board, whenever a majority of the employees of the district employed full time in positions that are not academic positions petition the board in writing to do so. (c) The governing board of a community college district that has less than 5,000 FTES, other than a community college district situated in a county with a population in excess of 4,000,000 persons as determined by the 1960 federal census, may, on the petition in writing of a majority of the employees of the district employed full time in positions that are not academic positions, make this section applicable to the board. (Amended by Stats. 2005, Ch. 654, Sec. 31. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 5. Warrants [85260 - 85267] SECTION 85260. Source version: id_ff070c80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=5. In any county, the county superintendent of schools, the county board of education and the county auditor, may prescribe a payroll procedure, to be followed by designated community college districts in the county, under which the community college district governing boards, by use of payroll orders, shall authorize and direct the county superintendent of schools and the county auditor to draw separate payroll warrants in the names of the individual district employees for the respective amounts set forth therein to the end that each employee may be furnished with a statement of the amount earned and an itemization of the amounts withheld therefrom under requirements of the law or by direction of the employee. Such payroll warrants shall show the closing date of the pay period for which issued and the date of issue and a statement that it is drawn by order of the governing board of the district and shall bear the signature of the county auditor. To obtain the advantage of a uniform pay period and pay date within districts, the payroll procedure may specify the ending date of the pay period and, notwithstanding Sections 87821 and 85244, the date of issue for payroll warrants, except that the issue date shall be on or before the 10th calendar day following the end of the pay period. The payroll procedure may provide for salary payments, including salary advances, more frequently than once a month. The payroll procedure may provide for payroll orders authorizing salary payments to individual employees on a continuing basis until such time as notifications of changes or adjustments are submitted by the community college districts, provided that an itemized listing of payments made under this procedure is furnished to the community college district on or before the date of issue of the payroll warrants. The payroll order may direct the transfer from the districts’ funds to a clearing fund in the county treasury, to be known as the schools payroll revolving fund, of the total of the amount of the payroll warrants to be issued under the order to the end that payroll warrants for all districts may be drawn against a single revolving fund. The payroll order may further direct the transfer from the districts’ funds of the totals of the various deductions set forth therein to the trust funds in the county treasury entitled to receive credit for them and may further direct the proper disbursement of such trust amounts. When the payroll procedure provides for payment of salary once each month the payment shall be made on the last working day of the month as required by Section 88165. (Amended by Stats. 1982, Ch. 251, Sec. 33. Effective June 11, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 5. Warrants [85260 - 85267] SECTION 85260.5. Source version: id_ff089322-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=5. A payroll clearance fund for the purpose of consolidating and balancing payroll deductions and other payroll accounting purposes for one or more community college district employees whose salary is paid from one or more funds, may be established by the governing board of the community college district or, if the district operates under the payroll procedure set forth in Section 85260, by the county superintendent of schools. (Added by Stats. 1987, Ch. 586, Sec. 8.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 5. Warrants [85260 - 85267] SECTION 85265.5. Source version: id_fdb633a2-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=5. (a) In a county in which the board of supervisors has transferred educational functions to the county board of education pursuant to Section 1080, and a single budget has been authorized for the purposes of the county school service fund, county board of education, county committee on school district organization, and the office of the county superintendent of schools pursuant to Sections 1620 to 1625, inclusive, the duties of the county auditor specified in Article 4 (commencing with Section 85230) and this article shall be performed by the county superintendent of schools. (b) A listing of all warrants approved and allowed by the county superintendent of schools pursuant to this section shall be forwarded to the county auditor on the same day the warrants are forwarded to the district or the payee. The form of the warrant and the form and content of the warrant listing shall be as prescribed by the county auditor. (c) Notwithstanding Section 27005 of the Government Code, or any other section requiring orders for warrants or warrants to be signed by the county auditor, the county treasurer in counties subject to this section shall pay warrants that are signed by the county superintendent of schools, and the county auditor shall not be liable under his or her bond or otherwise for any warrant issued pursuant to this section. (d) This section shall apply only in those counties in which the county board of supervisors has adopted its provisions by resolution. (Amended by Stats. 2005, Ch. 654, Sec. 32. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 5. Warrants [85260 - 85267] SECTION 85266. Source version: id_ff089326-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=5. With the approval of the county superintendent of schools, the governing board of a community college district may cause warrants to be drawn on the county treasury against designated funds, except debt service, of the district in the county treasury in the payment of expenses of the district. The warrants for salary and other types of claims designated by the county superintendent shall be issued by a person designated as the district disbursing officer for the school district on the county treasury in favor of the persons entitled thereto in payment of all claims in designated categories chargeable against the district which have been legally examined, allowed, and ordered paid by the governing board. The district disbursing officer shall issue warrants, using procedures prescribed by the county auditor, on the county treasury for all debts and demands, within categories designated by the county superintendent, against the district when amounts are legally approved. The form of the warrant shall be prescribed by, and approved by, the county auditor or county treasurer having jurisdiction. The cost of printing warrants may be charged to the district. Notwithstanding Section 84000, except for assessing and tax collecting, the county auditor and county treasurer may charge those districts that draw their own warrants for additional costs which result from the implementation of this section. Notwithstanding Section 27005 of the Government Code, or any other provision of law requiring orders for warrants or warrants to be signed by the county superintendent of schools or the county auditor, or both, the county superintendent and county auditor may prescribe alternative procedures for districts to issue warrants. The district disbursing officer shall not be considered a deputy county superintendent of schools or a deputy county auditor. The county treasurer shall pay the warrant in the designated category, if district funds are available. County officers shall not be responsible for providing reports, statements, or other data relating to, or based on, the designated payments of expenses of the district. Those districts issuing warrants, as provided by this section, shall provide the county superintendent of schools, in the form prescribed by the county superintendent, with the data necessary to make retirement reports and other reports required of him or her by law. All warrants, vouchers, and supporting documents shall be kept by school districts that draw their own warrants in those designated categories. The county superintendent shall provide for a periodic review of the districts’ financial transactions and internal controls pursuant to Section 85237.5. County superintendents of schools may provide fiscal, budgetary, and data-processing services through contractual agreements to community college districts that have been determined to be fiscally accountable under the provisions of this section. The person authorized by the governing board of the district to issue warrants, pursuant to this section, shall execute an official bond in an amount fixed by the governing board conditioned upon the faithful performance of his or her duties under this section. A county superintendent or county auditor shall not be liable under the terms of their bonds or otherwise for any warrant issued pursuant to this section. This section shall not be construed as impairing the obligation of any contract in the bond of such officer in effect on January 1, 1977. A listing of the warrants issued under this section by each community college district shall be forwarded to the county auditor having jurisdiction, upon his or her request, and to the county superintendent of schools having jurisdiction over the district on the same day warrants are issued. The listing, which may be magnetic tape, punched cards, or in other form, shall report, among other things, the warrant number, date of the warrant, amount of the warrant, the name of the payee, and the fund on which drawn. The form and content of the warrant listing shall be as prescribed by the county auditor or county superintendent and approved by the county auditor or county superintendent having jurisdiction. Each district which issues warrants pursuant to this section shall furnish monthly to the county superintendent of schools and the county auditor of the county of jurisdiction, upon his or her request, a statement showing for the current fiscal year to date, for each required expenditure classification, the amount budgeted, actual expenditures, encumbrances and unencumbered balances. In order to obtain the approval of the county superintendent of schools and county auditor for fiscally accountable status, the governing board of a community college district shall file a written application with the county superintendent of schools and county auditor having jurisdiction on forms which the county superintendent shall prescribe. Upon receipt of an application from the district, the county superintendent shall cause an audit to be made of the district’s management and accounting controls, in accordance with standards prescribed by him or her, by an independent certified public accountant or public accountant approved by the county superintendent, who shall report his or her findings and recommendations to the county superintendent and to the applicant district. The audit report may include Department of Finance guidelines and other assessments of fiscal management as required by the county superintendent or the audit may be the report of the annual district audit pursuant to Section 84040 if that is acceptable to the county superintendent of schools. The cost of the audit required in support of a district’s application for fiscal accountability shall be borne by the applicant district. The county superintendent and county auditor shall review the district’s application and report of financial management and control and may approve the application if they find the management and accounting controls of the district to be adequate. If the county superintendent and county auditor determine that such management and accounting controls are inadequate, they shall disapprove the application. A district that applies for fiscal accountability status shall file its written application with the county superintendent of schools on or before September 1. The required audit of financial management and accounting controls shall be filed on or before January 1. When a district’s application for fiscal accountability status has been approved by the county superintendent of schools and county auditor, the issuance of warrants by the district pursuant to this section shall be effective at the beginning of a fiscal year, provided that approval had been made prior to the preceding first day in March. If disapproved, the county superintendent of schools shall state the specific steps which are required to be taken by the applicant district to receive approval and these changes shall be certified as completed by an independent certified public accountant or public accountant before the county superintendent shall approve the application. If at any time the county superintendent of schools or the county auditor determines that the financial management or accounting controls of the district have become inadequate, either officer may revoke approval for fiscal accountability status effective immediately. (Amended by Stats. 1981, Ch. 470, Sec. 314.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 5. Warrants [85260 - 85267] SECTION 85266.5. Source version: id_ff0a19c8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=5. (a) With the approval of the Board of Governors of the California Community Colleges, the governing board of a community college district may cause to be drawn all warrants on the county treasurer against all the funds, except debt service, of the district in the county treasury in the payment of the expenses of the district. The warrants shall be issued by a person designated as the district auditor or district disbursing officer for the district on the county treasurer in favor of the persons entitled thereto in payment of all claims chargeable against the districts which have been legally examined, allowed, and ordered paid by the governing board. The district auditor shall issue warrants on the county treasurer for all debts and demands against the district when the amounts are fixed by law. The form of the warrant shall be as prescribed by the governing board and approved by the county auditor or county treasurer. (b) Notwithstanding Section 85231, the cost of printing the warrants shall be borne by the district. (c) No county officer shall be responsible for producing reports, statements, and other data relating to or based on these payments of the expenses of the districts. Those districts issuing warrants as provided by this section shall provide the county superintendent of schools, in the form prescribed by him or her, with the data necessary to make retirement reports and other reports required of him or her by law. All warrants, vouchers, and supporting documents shall be kept by the districts that draw their own warrants. (d) Notwithstanding Section 27005 of the Government Code, or any other section requiring orders for warrants or warrants to be signed by the county superintendent of schools or the county auditor, or both, the county treasurer shall pay the warrant, if money is available. (e) Notwithstanding Section 84000, except for assessing and tax collecting, the county auditor and the county treasurer may charge those districts that draw their own warrants, and those districts shall pay, for the cost of all fiscal services. (f) The person authorized by the governing board of the district to issue warrants pursuant to this section shall execute an official bond in an amount fixed by the governing board conditioned upon the faithful performance of his or her duties under this section. A county superintendent of schools or a county auditor shall not be liable under the terms of his or her bond or otherwise for any warrant issued pursuant to this section. It is not intended that this provision shall be applied so as to impair the obligation of any contract in the bond of the officer in effect on the effective date of this section. (g) A listing of the warrants issued under this section by each district shall be forwarded to the county auditor, upon his or her request, and to the county superintendent of schools on the same day warrants are issued. The listing, which may be magnetic tape, punch cards, or in other form, shall report, among other things, the warrant number, date of the warrant, amount of the warrant, the name of the payee, and the fund on which drawn. (h) The form and content of the warrant listing shall be as prescribed by the governing board and approved by the county auditor. (i) Each district which issues warrants pursuant to this section shall furnish monthly to the county superintendent of schools and the county auditor of the county of jurisdiction, upon his or her request, a statement showing the current fiscal year to date, for each required expenditure classification, the amount budgeted, actual expenditures, encumbrances and unencumbered balances. (j) In order to obtain the approval of the board of governors, a community college district shall file a written application with the county superintendent of schools. Upon receipt of an application from the district, the county superintendent of schools shall cause a survey to be made of the district’s accounting controls by an independent certified public accountant or public accountant in accordance with standards prescribed by the board of governors. The certified public accountant or public accountant shall report his or her findings and recommendations to the county superintendent, county auditor, and to the applicant district. (k) The county superintendent shall forward the district’s application, together with his or her other recommendations and the recommendations of the county auditor and a report of the survey, to the board of governors for approval or disapproval of the application. The board of governors shall approve the application only if it finds that the accounting controls of the district are adequate. If the board of governors determines that these controls are inadequate, it shall disapprove the application. (l) The county superintendent of schools shall be reimbursed for all costs incident to the accounting controls survey made pursuant to the district’s application, from the district’s funds. (m) When approved by the board of governors, the issuance of warrants pursuant to this section shall be effective at the beginning of the fiscal year if the approval had been made prior to the preceding first day in January. In the event that the issuance of warrant has been disapproved, the board of governors shall state the specific steps which must be taken by the district in order to receive approval. If at any time the county superintendent of schools determines that the accounting controls of the district have become inadequate, he or she may recommend to the board of governors that the approval be revoked, to be effective on the first day of the next following fiscal year. (Added by Stats. 1990, Ch. 1372, Sec. 700.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 5. Warrants [85260 - 85267] SECTION 85267. Source version: id_ff0a19ca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=5. Article 3 (commencing with Section 29850) of Chapter 5 of Division 3 of Title 3 of the Government Code shall be applicable to any community college district authorized to issue warrants pursuant to Section 85266 or 85266.5; except that whenever any reference is made in that Article 3 (commencing with Section 29850) to (1) the county auditor, or (2) the general fund of the county, that reference shall be deemed, for purposes of this section, to be to (1) the person authorized by the community college district governing board to issue warrants pursuant to Section 85266 or 85266.5, and (2) the general fund of the community college district, respectively. (Amended by Stats. 1995, Ch. 758, Sec. 132. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 6. Void Warrants [85270 - 85272] SECTION 85270. Source version: id_ff0ba06e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=6. Unless otherwise provided by county ordinance, any school warrant not presented to the county treasurer within six months after it was issued is void and any order issued by the governing board of a community college district, but not approved by the county superintendent of schools for want of funds, is void if not presented to the county superintendent of schools within two years after notice has been given that the order will be approved on presentation. The county auditor shall each month inform the county superintendent of schools of warrants which have become void during the preceding month and the county superintendent of schools shall transmit such information to the governing board of the district together with information as to orders which have become void. Any time within two years from the date on which the original warrant became void, the payee, assignee, or the legal representative or heir of a deceased payee of any warrant which is void as provided in this section may present such warrant to the governing board of the community college district which issued the order on which the warrant was drawn, or declare by affidavit that such warrant has been lost or destroyed, and the governing board may adopt an order instructing the county auditor to draw a new warrant in favor of the payee in the same amount as the original warrant, or the governing board may by resolution authorize the county auditor to draw new warrants within the limitations prescribed by the resolution without prior individual order of the governing board, provided the limitations prescribed by this section have been complied with. Any such new warrant shall be subject to the same limitations as the original warrant which it replaces. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 6. Void Warrants [85270 - 85272] SECTION 85271. Source version: id_ff0ba070-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=6. Any warrant drawn on the funds of a district retirement system and issued to the claimant thereof but not presented for payment to the county treasurer within two years after it was issued is void and the proceeds of such warrants shall revert to and become a part of the contributions of the district and shall be applied to reduce the cost to the taxpayers of the district maintaining the retirement system. The county auditor shall each month inform the county superintendent of schools of warrants which have become void during the preceding month, and the county superintendent of schools shall transmit such information to the governing board of the community college district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 6. Void Warrants [85270 - 85272] SECTION 85272. Source version: id_ff0ba072-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=6. The county superintendent of schools shall keep a record of all orders, or warrants which have become void. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85280. Source version: id_fe008314-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. When any order against the funds of a community college district is presented to the county superintendent of schools, and the order constitutes a valid claim against the funds of the district, and moneys are not available in the funds of the district from which to pay the order, the county superintendent shall endorse on the order the words “Not approved for want of funds,” and shall register the order in the records of his or her office. (Amended by Stats. 2005, Ch. 654, Sec. 33. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85281. Source version: id_fe4972f6-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. The county superintendent of schools shall number and date the registered order, and shall transmit the registered order to the governing board of the community college district that drew the order. The governing board shall deliver the registered order to the payee or to the order of the payee. From the date of registration, the registered order shall bear interest at the rate of 5 percent per annum until the date upon which notice is given, pursuant to this article, that the county superintendent of schools is ready to approve the registered order. (Amended by Stats. 2005, Ch. 654, Sec. 34. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85282. Source version: id_fe9262d8-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. Whenever moneys are available for the payment of the registered order, the county superintendent of schools shall give notice, in a newspaper published in the county, or if there is no newspaper, by written notice posted at the courthouse, stating that he or she is ready to approve the order. The notice may list any number of registered orders of one or more districts for the payment of which moneys are available, giving the name or names of the district or districts and listing the registered orders in the order of registration for each district. (Amended by Stats. 2005, Ch. 654, Sec. 35. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85283. Source version: id_ff0d271c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. At the time of giving the notice the county superintendent of schools shall set aside in the funds of each district for a period of 60 days the amount necessary for the payment of the registered orders of the district listed in the notice. If any registered order is not presented to the county superintendent of schools for payment within 60 days after the notice has been given, and moneys are not available to pay the registered order at the time of presentation, it shall not be approved until money becomes available for that purpose and notice is again given that the county superintendent of schools is ready to pay it. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85284. Source version: id_feda685a-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. The county superintendent of schools shall approve the registered orders of each district, and sign them as requisitions on the county auditor, in the order of their presentation. The county superintendent shall enter on each the amount of interest due and the total amount, including principal and interest, payable. Each approved registered order shall thereupon be governed by the procedure established in this code relative to payments from community college district funds. (Amended by Stats. 2005, Ch. 654, Sec. 36. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85285. Source version: id_ff0d2720-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. As an alternative to the method provided in Section 85284, when any corporation, firm, or person presents two or more registered orders for payment at the same time, registered on the same date, and issued against the funds of the same district, the registered orders may be approved, allowed, and consecutively numbered by the county superintendent of schools and the county auditor as requisitions and warrants on the funds of the district, and a special interest requisition may be issued by the county superintendent of schools against the funds of the district for the total amount of the interest payable on the registered orders. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85286. Source version: id_ff0d2722-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. The special interest requisition shall bear upon its face substantially the following notation: “In full payment of interest due on warrants numbered ____ to ____, inclusive, of the ____ Community College District.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85287. Source version: id_ff0d2724-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. The special interest requisition shall be numbered by the county superintendent of schools and county auditor, being given the number immediately succeeding the number assigned to the last of the requisitions and warrants referred to in Section 85285. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 7. Registration of Orders, Issuance of Warrants [85280 - 85288] SECTION 85288. Source version: id_ff25f04c-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=7. The county superintendent of schools shall report to the county treasurer and the county auditor within 10 days after the end of each month the amount of the interest computed pursuant to this article. The report shall show each district for which interest has been computed, the numbers of the registered orders for which the interest is to be paid, and the total amount of the interest charged to each district. The county superintendent shall also, upon transmitting to the governing board of a community college district registered orders which have been approved and allowed as warrants against the funds of the district, report in writing to the clerk or secretary of the district the amount of interest computed on the registered orders and the numbers of the registered orders for which the interest is to be paid. (Amended by Stats. 2005, Ch. 654, Sec. 37. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 8. Optional Method of Registering Warrants [85300 - 85304] SECTION 85300. Source version: id_ff0eadca-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=8. In lieu of the method provided in Article 7 (commencing with Section 85280) of this chapter, inclusive, for the registration of community college district orders, the provisions of this article may be followed upon resolution adopted by the county board of supervisors of any county. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 8. Optional Method of Registering Warrants [85300 - 85304] SECTION 85301. Source version: id_ff7066ce-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=8. When any order on community college district funds is received by the county superintendent of schools, and there is insufficient money in the fund or funds against which the order is drawn to pay the order in full, the county superintendent shall endorse on the order “to be registered for lack of sufficient funds,” sign, date, and number it as a requisition on the county auditor, and transmit the requisition to the county auditor. The county auditor shall endorse on the order “examined and allowed,” sign, date, and number it as a warrant on the county treasurer, and return the warrant to the county superintendent of schools, who shall transmit it to the governing board of the community college district for issuance to the payee or to his or her order. (Amended by Stats. 2005, Ch. 654, Sec. 38. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 8. Optional Method of Registering Warrants [85300 - 85304] SECTION 85302. Source version: id_ffb9cbe0-42ae-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=8. When the warrant is presented to the county treasurer for payment, he or she shall endorse, register, advertise, and pay it, with interest at the rate of 5 percent per annum, in the manner prescribed, as nearly as may be, for county warrants in Sections 29821 to 29824, inclusive, and Sections 29826 and 29827 of the Government Code. (Amended by Stats. 2005, Ch. 654, Sec. 39. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 8. Optional Method of Registering Warrants [85300 - 85304] SECTION 85303. Source version: id_ff103470-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=8. If the warrants are not again presented for payment within 60 days from the time the notice provided for in Section 29823 of the Government Code is given, the fund set aside for the payment of the warrants shall be applied by the treasurer to the payment of unpaid warrants next in order of registry. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 50. FINANCE [84000 - 85304] CHAPTER 8. Expenditures and Appropriations [85220 - 85304] ARTICLE 8. Optional Method of Registering Warrants [85300 - 85304] SECTION 85304. Source version: id_ff103472-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=50.&chapter=8.&article=8. Within 10 days after the end of each month, the county auditor shall report to the superintendent of schools the amount of interest added to registered warrants and paid during the preceding month. The report shall show each district to whose registered warrants, paid during the month covered by the report, interest was added and the amount of the interest for the district. The superintendent of schools shall immediately report, in writing, to the clerk or secretary of each district for which interest was paid, the amount of the interest paid for the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87000. Source version: id_ff11bb1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. Unless the context otherwise requires, the definitions set forth in Sections 87001 to 87011, inclusive, shall govern the construction of this part. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87001. Source version: id_ff1341bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. (a) Academic employee” refers to a person employed by a community college district in an academic position. (b) “Academic position” includes every type of service, excluding paraprofessional service, for which minimum qualifications have been established by the board of governors pursuant to Section 87356. (c) Wherever in this code or any other code, the term “certificated employee” or any similar term is used in reference to community college employees, it shall be deemed a reference to academic employees of the community colleges. (d) Wherever in this code or any other code, the phrase “position requiring certification qualifications,” or any similar phrase is used in reference to positions in the community colleges, it shall be deemed a reference to academic positions in the community colleges. Nothing in this part shall be construed as repealing or negating any provisions in this code or any other code concerning employees of community college districts for purposes of retirement benefits under the State Teachers’ Retirement System by referring to those employees as academic employees. (Repealed and added by Stats. 1990, Ch. 1302, Sec. 2. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87001.5. Source version: id_ff1341be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. (a) “Classified position” includes every position that is a part of the classified service as defined in Sections 88003 and 88076. (b) “Classified employee” refers to a person employed by a community college district in a classified position. (Repealed and added by Stats. 1990, Ch. 1302, Sec. 4. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87002. Source version: id_ff1341c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. (a) “Administrator” means any person employed by the governing board of a community college district in a supervisory or management position as defined in Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code. (b) “Educational administrator” means an administrator who is employed in an academic position designated by the governing board of the district as having direct responsibility for supervising the operation of or formulating policy regarding the instructional or student services program of the college or district. Educational administrators include, but are not limited to, chancellors, presidents, and other supervisory or management employees designated by the governing board as educational administrators. (c) “Classified administrator” means an administrator who is not employed as an educational administrator. (Repealed and added by Stats. 1990, Ch. 1302, Sec. 6. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87003. Source version: id_ff1341c2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. (a) “Faculty” or “faculty member” means those employees of a community college district who are employed in academic positions that are not designated as supervisory or management for the purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code and for which minimum qualifications for service have been established by the board of governors adopted pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 70901 or subdivision (a) of Section 87356. Faculty include, but are not limited to, instructors, librarians, counselors, community college health services professionals, handicapped student programs and services professionals, extended opportunity programs and services professionals, and individuals employed to perform a service that, before July 1, 1990, required nonsupervisorial, nonmanagement community college certification qualifications. (b) Any employees who are employed in faculty positions but who perform supervisory, management, or other duties related to college governance shall not, because of the performance of those incidental duties, be deemed supervisors or managers, as those terms are defined in Section 3540.1 of the Government Code. The incidental “supervisory” or “management” duties referred to in this subdivision include, but are not limited to, serving as a faculty member on hiring, selection, promotion, evaluation, budget development, or affirmative action committees, or making effective recommendations in connection with those activities. (Amended by Stats. 1991, Ch. 1038, Sec. 12. Effective October 14, 1991.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87008. Source version: id_ff1341c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. (a) Except as provided in subdivision (b), a termination of probation and dismissal of an accusation or information pursuant to Section 1203.4 of the Penal Code shall not, for the purpose of this division, have any effect. (b) Notwithstanding any other provision of this code, no person shall be denied a hearing solely on the basis that he or she has been convicted of a crime if the person has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code, and if his or her probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code. (Amended by Stats. 1995, Ch. 758, Sec. 133. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87009. Source version: id_ff1341c6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. A plea or verdict of guilty or a finding of guilt by a court in a trial without a jury is deemed to be a conviction within the meaning of Sections 87405 and 88022 of this code, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. The record of the conviction of a sex offense as defined in Section 87010 or of a controlled substance offense defined in Section 87011 shall be sufficient proof of conviction of a crime involving moral turpitude for the purposes of Sections 87667 and 87732 relating to the dismissal of permanent employees. (Amended by Stats. 1990, Ch. 1302, Sec. 13. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87010. Source version: id_9761f4eb-fcf0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. “Sex offense,” as used in Sections 87405, 88022, and 88123, means any one or more of the offenses listed below: (a) Any offense defined in Section 261.5, 266, 267, 285, 286, 287, 288, or 647.6 of, or former Section 288a or 647a of, paragraph (2) or (3) of subdivision (a) of Section 261 of, paragraph (1) or (2) of subdivision (a) of Section 262 of, or subdivision (a) or (d) of Section 647 of, the Penal Code. (b) Any offense defined in former subdivision 5 of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision 2 of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed prior to September 15, 1961, to the same extent that such an offense committed prior to that date was a sex offense for the purposes of this section prior to September 15, 1961. (c) Any offense defined in Section 314 of the Penal Code committed on or after September 15, 1961. (d) Any offense defined in former subdivision 1 of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and prior to September 15, 1961. (e) Any offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961. (f) Any offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if the offense was committed prior to September 15, 1961, to the same extent that such an offense committed prior to that date was a sex offense for the purposes of this section prior to September 15, 1961. (g) Any offense defined in Section 286 or former Section 288a of the Penal Code prior to the effective date of the amendment of either section enacted at the 1975–76 Regular Session of the Legislature committed prior to the effective date of the amendment. (h) Any attempt to commit any of the above-mentioned offenses. (i) Any offense committed or attempted in any other state that, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses. (Amended by Stats. 2018, Ch. 423, Sec. 17. (SB 1494) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87011. Source version: id_ff14c86a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. “Controlled substance offense” as used in Sections 87405, 88022, and 88123 means any one or more of the following offenses: (a) Any offense in Sections 11350 to 11355, inclusive, 11366, 11368, 11377 to 11382, inclusive, and 11550 of the Health and Safety Code. (b) Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punished as one or more of the above-mentioned offenses. (c) Any offense committed under former Sections 11500 to 11503, inclusive, 11557, 11715, and 11721 of the Health and Safety Code. (d) Any attempt to commit any of the above-mentioned offenses. (Amended by Stats. 1990, Ch. 1302, Sec. 15. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87013. Source version: id_ff14c86c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. Whenever a community college district employs a person in an academic position and that person has not previously been employed by a school or community college district in this state, the governing board may, within 10 working days of the person’s date of employment, require the individual to have duplicate personal identification cards upon which shall appear the legible fingerprints and a personal description of the employee prepared by a local law enforcement agency having jurisdiction in the area of the district. The law enforcement agency shall transmit the cards, together with the fee hereinafter specified, to the Department of Justice. At the earliest opportunity following its receipt of the identification cards, the Department of Justice shall furnish the law enforcement agency submitting the employee’s fingerprints a complete criminal history of the individual if one appears in the department’s files. The local law enforcement agency shall, in turn, excerpt from the history all information regarding any convictions of the employee and shall forward that information to the governing board of the district. A plea or verdict of guilty or a finding of guilt by a court in a trial without a jury or forfeiture of bail is deemed to be a conviction within the meaning of this section, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering of a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. The governing board may provide the means whereby the identification cards may be completed and may charge a fee determined by the Department of Justice to be sufficient to reimburse the department for the costs incurred in processing the application. The amount of the fee shall be forwarded to the Department of Justice, with two copies of applicant’s or employee’s fingerprint cards. The governing board may collect an additional fee not to exceed two dollars ($2) payable to the local public law enforcement agency taking the fingerprints and completing the data on the fingerprint cards. Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in this section, furnish, upon application of a local public law enforcement agency all information pertaining to any person required to submit personal identification cards pursuant to this section if there is a record of the person in its office. (Added by Stats. 1990, Ch. 1302, Sec. 17. Effective September 25, 1990. Note: See Stats. 1988, Ch. 973, Sec. 27.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87014. Source version: id_ff14c86e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. (a) Whenever any employee of a community college district is attacked, assaulted, or menaced, by any student, it shall be the duty of that employee, and the duty of any person under whose direction or supervision the employee is employed who has knowledge of the incident, to promptly report the same to the appropriate law enforcement authorities of the county or city in which the same occurred. Failure to make the report shall be a misdemeanor punishable by a fine of not more than two hundred dollars ($200). (b) An act by any member of the governing board of a community college district, or any employee of any community college district which is designed directly or indirectly to influence or urge a person under a duty to make the report prescribed by subdivision (a) not to make the report, shall be a misdemeanor, and shall be punishable by a fine of not less than one hundred dollars ($100) or more than two hundred dollars ($200). (Amended by Stats. 1990, Ch. 1302, Sec. 18. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87017. Source version: id_ff14c870-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. Notwithstanding any provision of law to the contrary, a community college district, from funds under its jurisdiction, may pay the surviving spouse of any employee who is murdered while in the course of his or her employment the amount that the deceased would have received if he or she had lived to complete the time remaining in his or her contract with the district. (Amended by Stats. 1995, Ch. 758, Sec. 135. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 1. General Provisions [87000 - 87018] SECTION 87018. Source version: id_ff164f12-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=1. (a) In addition to the benefits provided pursuant to Sections 395.01 and 395.02 of the Military and Veterans Code, any employee of a community college district who, as a member of the California National Guard or a United States Military Reserve organization, is called into active military duty, may receive, on approval of the governing board of the school district, the benefits provided for in subdivision (b). (b) Any employee to which subdivision (a) applies, while on active duty, may receive from the community college employer, for a period not to exceed 180 calendar days, as part of his or her compensation, all of the following: (1) The difference between the amount of his or her military pay and allowances and the amount the employee would have received as an employee, including any merit raises that would otherwise have been granted during the time the individual was on active military duty. (2) All benefits that he or she would have received had he or she not been called to active military duty unless the benefits are prohibited or limited by vendor contracts. (Added by Stats. 2003, Ch. 783, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87031. Source version: id_ff164f16-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. (a) Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code. (b) In addition to subdivision (a), all of the following shall apply to an employee of a school district: (1) Information of a derogatory nature shall not be entered into an employee’s personnel records unless and until the employee is given notice and an opportunity to review and comment on that information. The employee shall have the right to enter, and have attached to any derogatory statement, his or her own comments. The review shall take place during normal business hours and the employee shall be released from duty for this purpose without salary reduction. (2) The employee shall not have the right to inspect personnel records at a time when the employee is actually required to render services to the district. (3) Nothing in this section shall entitle an employee to review ratings, reports, or records that (A) were obtained prior to the employment of the person involved, (B) were prepared by identifiable examination committee members, or (C) were obtained in connection with a promotional examination. (Repealed and added by Stats. 2000, Ch. 886, Sec. 4. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87032. Source version: id_ff164f18-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. The governing board of a community college district shall provide for the payment of the actual and necessary expenses, including traveling expenses, of any employee of the district incurred in the course of performing services for the district, whether within or outside the district, under the direction of the governing board. The board may authorize an advance of funds to cover such necessary expense. Such advance shall be repaid or adjusted upon filing of a regular claim for the actual and necessary expenses incurred. The governing board may direct any employee of the district to attend any convention or conference or to visit schools for the discussion or observation of any school matter appertaining to the duties of the employee or any question of interest to the district. (Amended by Stats. 1981, Ch. 470, Sec. 319.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87035. Source version: id_ff164f1a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. (a) The governing board of a community college district may grant leaves of absence to employees to appear as a witness in court other than as a litigant or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee. (b) The governing board of a community college district may grant leaves of absence to employees, in academic positions regularly called for jury duty in the manner provided for by law. (c) The governing board may grant such leaves of absence with pay up to the amount of the difference between the employee’s regular earnings and any amount he or she receives for jury or witness fees. (Amended by Stats. 1990, Ch. 1302, Sec. 19. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87036. Source version: id_ff17d5bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. The governing board of a community college shall grant leave of absence to any employee serving in a classified or other nonacademic position regularly called for jury duty in the manner provided for by law. The governing board shall grant such leave with pay up to the amount of the difference between the employee’s regular earnings and any amount he or she receives as juror’s fees. It is unlawful for the governing board or personnel commission of any community college district to adopt or maintain any rule, regulation, or policy which has as its purpose or effect a tendency to encourage employees to seek exemption from jury duty, or to directly or by indirection solicit or suggest to any employee that he or she seek exemption from jury duty, or to discriminate against any employee with respect to assignment, employment, promotion, or in any other manner because of such employee’s service on any jury panel. Nothing in the foregoing provisions shall preclude the district superintendent or his or her agent from discussing with the affected employee the practicality of seeking exemption when acceptance would tend to materially disrupt the district’s operations. (Amended by Stats. 1990, Ch. 1302, Sec. 20. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87038.5. Source version: id_ff17d5be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. No contract with any insurer or other employee welfare benefit provider shall be approved or renewed if an administrative employee of a community college district, or any employee organization, as defined pursuant to subdivision (d) of Section 3540.1 of the Government Code, or any employee or agent thereof, has a direct financial interest in any plan or program which is being approved or renewed. The provisions of this section shall not apply to any employee welfare benefit fund jointly administered by one or more employers and one or more employee organizations or to any employee welfare benefit fund established by the community college district for the purpose of self insuring. As used in this section, “direct financial interest” means the receipt of or entitlement to a commission, fee, or other remuneration, including the payment of fees for administrative services rendered on behalf of such plans. (Added by Stats. 1978, Ch. 433.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87039. Source version: id_ff17d5c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. It shall be unlawful for any person authorized to invoke disciplinary action against any employee of a community college district either in his or her individual capacity or as a member of any board, to invoke or attempt to invoke disciplinary action against any such employee or to discriminate against such employee in the terms, conditions, and privileges of employment solely because of the employee’s appearance before the governing board of a district, the county board of education, legislative committees, or any other duly constituted governmental board, commission or council, whether such appearance was undertaken voluntarily or otherwise. Violation of the provisions of this section shall be a misdemeanor. (Amended by Stats. 1981, Ch. 470, Sec. 322.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87040. Source version: id_10ad490e-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. (a) (1) The governing board of each community college district when drawing an order for the salary payment due to employees of the district shall, without charge, reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for any or all of the following purposes: (A) Paying premiums on any policy or certificate of group life insurance for the benefit of the employee or for group disability insurance, or legal expense insurance, or any of them, for the benefit of the employee or his or her dependents issued by an admitted insurer on a form of policy or certificate approved by the Insurance Commissioner. (B) Paying rates, dues, fees, or other periodic charges on any hospital service contract for the benefit of the employee, or his or her dependents, issued by a nonprofit hospital service corporation on a form approved by the Insurance Commissioner pursuant to the provisions of Chapter 11A (commencing with Section 11491) of Part 2 of Division 2 of the Insurance Code. (C) Paying periodic charges on any medical and hospital service agreement or contract for the benefit of the employee, or his or her dependents, issued by a nonprofit corporation subject to Part 2 (commencing with Section 5110) of, Part 3 (commencing with Section 7110) of, or Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of the Corporations Code. (D) Paying periodic charges on any legal services contract for the benefit of the employee, or his or her dependents issued by a nonprofit corporation subject to Part 3 (commencing with Section 7110) of, or Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of the Corporations Code. (2) This subdivision shall not apply to subdivision (b). (b) For purposes of a deferred compensation plan authorized by Section 403(b) or 457 of the Internal Revenue Code or an annuity program authorized by Section 403(b) of the Internal Revenue Code that is offered by the community college district which provides for investments in corporate stocks, bonds, securities, mutual funds, or annuities, except as prohibited by the California Constitution, the governing board of each community college district when drawing an order for the salary payment due to an employee of the district shall, with or without charge, reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for participating in a deferred compensation plan or annuity program offered by the community college district. The governing board shall determine the cost of performing the requested deduction and may collect that cost from the organization, entity, or employee requesting or authorizing the deduction. For purposes of this subdivision, the governing board of a community college district is entitled to include in the amounts reducing the order the costs of any compliance or administrative services that are required to perform the requested deduction in compliance with federal or state law, and may collect these costs from the participating employee, the employee’s participant account, or the organization or entity authorizing the deduction. (c) The governing board of the district shall, beginning with the month designated by the employee and each month thereafter until authorization for the deduction is revoked, draw its order upon the funds of the district in favor of the insurer which has issued the policies or certificates or in favor of the nonprofit hospital service corporation which has issued hospital service contracts, or in favor of the nonprofit corporation which has issued medical and hospital service or legal service agreements or contracts, for an amount equal to the total of the respective deductions therefor made during the month. The governing board may require that the employee submit his or her authorization for the deduction up to one month in advance of the effective date of coverage. (d) “Group insurance” as used in this section shall mean only a bona fide group program of life or disability or life and disability insurance where a master contract is held by the community college district or an employee organization but it shall, nevertheless, include annuity programs authorized by Section 403(b) of the Internal Revenue Code when approved by the governing board. (Amended by Stats. 2007, Ch. 130, Sec. 81. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87040.5. Source version: id_11079e10-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. (a) For purposes of this section, the following definitions shall apply: (1) “Annuity contract” means an annuity contract described in Section 403(b) of the Internal Revenue Code that is available to employees as described in Section 770.3 of the Insurance Code. (2) “Custodial account” means a custodial account described in Section 403(b)(7) of the Internal Revenue Code. (3) “Deferred compensation plan” means a plan described in Section 457 of the Internal Revenue Code. (4) “Third-party administrator” means a person or entity that provides administrative or compliance services to a community college district as described in subdivision (b). (b) A community college district may enter into a written contract with a third-party administrator for services regarding an annuity contract and custodial account or a deferred compensation plan provided by the community college district. That contract may include any of the following: (1) Services to ensure compliance with either Section 403(b) of the Internal Revenue Code regarding the annuity contract and custodial account or Section 457 of the Internal Revenue Code regarding a deferred compensation plan, including, but not limited to, any of the following: (A) Administer and maintain written plan documents governing the community college district’s plan. (B) Review and authorize hardship withdrawal requests under Section 403(b) of the Internal Revenue Code, transfer requests, loan requests, unforeseeable emergency withdrawals under Section 457 of the Internal Revenue Code and other disbursements permitted under either Section 403(b) or 457 of the Internal Revenue Code. (C) Review and determine domestic relations orders as qualified domestic relations orders as described in Section 414(p) of the Internal Revenue Code. (D) Provide notice to eligible employees that is consistent with Title 26 of the Code of Federal Regulations that those employees may participate in an annuity contract and custodial account. (E) Administer and maintain specimen salary reduction agreements for the community college district and employees of that community college district to initiate payroll deferrals. (F) Monitor, from information provided either directly from the employee, as part of the common remitting services provided pursuant to paragraph (2), through information provided by the community college district, or through information provided by vendors authorized by the community college district to provide investment products, the maximum contributions allowed by employees participating in either the annuity contract and custodial account as described in Sections 402(g), 414(v), and 415 of the Internal Revenue Code or the deferred compensation plan as described in Section 414(v) or 457 of the Internal Revenue Code. (G) Calculate and maintain vesting information for contributions made by the community college district to the annuity contract and custodial account or deferred compensation plan. (H) Identify and notify employees that are required to take a minimum distribution of the funds in that employee’s annuity contract and custodial account or deferred compensation plan as described in Section 401(a)(9) of the Internal Revenue Code. (I) Coordinate responses to the Internal Revenue Service if there is an Internal Revenue Service audit of the annuity contract and custodial account or deferred compensation plan. (2) Services to administer the annuity contract and custodial account or a deferred compensation plan that includes, but is not limited to, all of the following: (A) Common remitting services. (B) General educational information to employees about the annuity contract and custodial account or the deferred compensation plan that includes, but is not limited to, the enrollment process, program eligibility, and investment options. (C) Internal reports for the community college district to ensure compliance with either Section 403(b) or 457 of the Internal Revenue Code and compliance with Title 26 of the Code of Federal Regulations. (D) Consulting services related to the design, operation, and administration of the plan. (E) Internal audits, on behalf of a community college district, of a provider’s plan compliance procedures with respect to the provider’s annuity contract or custodial account offered under the community college district’s plan. These audits shall not be conducted more than once per year for any provider’s plan unless documented evidence indicates a problem in complying with either Section 403(b) or 457 of the Internal Revenue Code. (c) (1) If a community college district elects to contract with a third-party administrator for the administrative or compliance services to community college districts described in subdivision (b), the community college district shall do all of the following: (A) Require the third-party administrator to provide proof of liability insurance and a fidelity bond in an amount determined by the community college district to be sufficient to protect the assets of participants and beneficiaries in the annuity contract and custodial account or deferred compensation plan. (B) Require the third-party administrator to provide evidence of a safe chain-of-custody of assets process for ensuring fulfillment of fiduciary responsibilities and timely placement of participant investments. (C) Require evidence, if the third-party administrator is related to or affiliated with a provider of investment products pursuant to Section 403(b) or 457 of the Internal Revenue Code, that data generated from the services provided by the third-party administrator are maintained in a manner that prevents the provider of investment products from accessing that data unless access to the data is required to provide the services in accordance with the contract entered into with the community college district pursuant to subdivision (b). (2) This subdivision shall apply to any administrative or compliance services provided pursuant to a contract for services between a community college district and the State Teachers’ Retirement System if the system does not contract with a third-party administrator to provide those administrative and compliance services on behalf of the system. (d) A third-party administrator shall disclose to any community college district seeking his or her services any fees, commissions, cost offsets, reimbursements, or marketing or promotional items received by the administrator, a related entity, or a representative or agent of the administrator or related entity from any plan provider selected as a vendor of an annuity contract, custodial account, or deferred compensation plan by the community college district. A third-party administrator that is affiliated with or has a contractual relationship with a provider of annuity contracts, custodial accounts, or deferred compensation plans shall disclose the existence of the relationship to each community college district and each individual participant in the annuity contract, custodial account or deferred compensation plan. (e) Any personal information obtained by the third-party administrator in providing services pursuant to this section shall be used by the third-party administrator only to provide those services for the community college district in accordance with the contract entered into with the community college district pursuant to subdivision (b). (f) Nothing in this section shall be construed to interfere with either of the following: (1) The rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (2) The ability of the community college district to establish nonarbitrary requirements upon providers of an annuity contract that, in the community college district’s discretion, aid in the administration of its benefit programs and do not unreasonably discriminate against any provider of an annuity contract or interfere with the rights of employees or beneficiaries as described in Section 770.3 of the Insurance Code. (g) This section shall not apply to any services provided by a third-party administrator pursuant to a contract for services between a community college district and the State Teachers’ Retirement System. Any services provided by a third-party administrator pursuant to a contract for services between a community college district and the State Teachers’ Retirement System shall be subject to either Section 24953, in the case of an annuity contract or custodial account, or Section 24977, in the case of a deferred compensation plan. (Amended by Stats. 2007, Ch. 130, Sec. 82. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87042. Source version: id_ff17d5c4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. Any school employee of a community college district who is absent because of injury or illness which arose out of and in the course of the person’s employment, and for which the person is receiving temporary disability benefits under the workers’ compensation laws of this state, shall not be entitled to receive wages or salary from the district which, when added to the temporary disability benefits, will exceed a full day’s wages or salary. During such periods of temporary disability so long as the employee has available for the employee’s use sick leave, vacation, compensating time off or other paid leave of absence, the district shall require that temporary disability checks be endorsed payable to the district. The district shall then cause the employee to receive the person’s normal wage or salary less appropriate deductions including but not limited to employee retirement contributions. When sick leave, vacation, compensating time off or other available paid leave is used in conjunction with temporary disability benefits derived from workers’ compensation, as provided in this section, it shall be reduced only in that amount necessary to provide a full day’s wage or salary when added to the temporary disability benefits. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87043. Source version: id_ff195c66-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. Notwithstanding the provisions of Sections 87042, 87787 and 88192, a community college district may waive the requirement that temporary disability checks be endorsed payable to the district, and may in lieu thereof, permit the employee to retain his temporary disability check, providing that notice be given to the district that such check has been delivered to the employee. In such cases, the district shall then cause the employee to receive his normal wage or salary less appropriate deductions, including, but not limited to, employee retirement contributions, and an amount equivalent to the face amount of the temporary disability check, which the employee has been permitted to retain. In all cases, employee benefits are to be computed on the basis of the employee’s regular wage or salary prior to the deduction of any amounts for temporary disability payments. Nothing contained herein shall be deemed to in any way diminish those rights and benefits which are granted to a school employee pursuant to the provisions of Sections 87042, 87787 and 88192. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87044. Source version: id_ff195c68-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. When a president or other community college official releases a minor student of such school to a peace officer for the purpose of removing the minor from the school premises, such school official shall take immediate steps to notify the parent, guardian, or responsible relative of the minor regarding the release of the minor to such officer, and regarding the place to which the minor is reportedly being taken. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 2. Rights and Duties [87031 - 87045] SECTION 87045. Source version: id_ff195c6a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=2. (a) The governing board of a community college district may establish a catastrophic leave program to permit employees of that district to donate eligible leave credits to an employee when that employee or a member of his or her family suffers from a catastrophic illness or injury. For the purposes of this section, the following terms are defined as follows: (1) “Catastrophic illness” or “injury” means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off. (2) “Eligible leave credits” means vacation leave and sick leave accrued to the donating employee. (b) Eligible leave credits may be donated to an employee for a catastrophic illness or injury if all of the following requirements are met: (1) The employee who is, or whose family member is, suffering from a catastrophic illness or injury requests that eligible leave credits be donated and provides verification of catastrophic injury or illness as required by the governing board of the community college district in which he or she is employed. (2) The governing board of the community college district determines that the employee is unable to work due to the employee’s or his or her family member’s catastrophic illness or injury. (3) The employee has exhausted all accrued paid leave credits. (c) If the transfer of eligible leave credits is approved by the governing board of the community college district, any employee may, upon written notice to the governing board, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter. (d) The governing board of a community college district that provides a catastrophic leave program pursuant to this section shall adopt rules and regulations for the administration of this section, including, but not limited to, the following: (1) The maximum amount of time for which donated leave credits may be used, but not to exceed use for a maximum period of 12 consecutive months. (2) The verification of catastrophic injury or illness required pursuant to paragraph (1) of subdivision (b). (3) Making all transfers of eligible leave credit irrevocable. (e) An employee who receives paid leave pursuant to this section shall use any leave credits that he or she continues to accrue on a monthly basis prior to receiving paid leave pursuant to this section. (f) Notwithstanding the provisions of this section, the governing board of a community college district and an exclusive bargaining representative of employees in that district may agree to include in any collective bargaining agreement a provision setting forth requirements for a catastrophic leave program. (Added by Stats. 1994, Ch. 78, Sec. 2. Effective May 20, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 3. Personnel Interchange Between Academic and Classified Positions [87060 - 87062] SECTION 87060. Source version: id_ff1ae30e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=3. The purpose of this article is to provide a basis of determination as to what constitutes a supervisory or administrative classified position or an academic position not clearly defined in other sections of this code; to provide an interchange of qualified personnel between the academic and classified services; and to secure rights and benefits to employees moving between the two services, all to the end of assuring better educational systems for the students of the community colleges. The provisions of this article are not intended, nor may they be construed, to invalidate any other sections of this code which were enacted prior to the enactment of this article, relating to academic positions or the classified service covered in Article 3 (commencing with Section 88060) of Chapter 4 of this part, unless specifically provided herein. This article shall where appropriate apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of Chapter 4 of this part. (Amended by Stats. 1990, Ch. 1302, Sec. 22. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 3. Personnel Interchange Between Academic and Classified Positions [87060 - 87062] SECTION 87061. Source version: id_0003a622-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=3. If an employee of a community college district, including a district having the merit system as outlined in Article 3 (commencing with Section 88060) of Chapter 4, employed in an academic position is assigned to a position in the classified service of the same district, the employee shall retain all sickness and injury, sabbatical leave, and other rights and benefits. All seniority and tenure rights accumulated by the employee at the time of assignment to the position in the classified service shall be secured to the employee during the period of time he or she occupies a position in the classified service. The employee’s return to academic service at any time shall be treated as if there had not been an interruption in his or her academic service. (Amended by Stats. 2005, Ch. 654, Sec. 40. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 3. Personnel Interchange Between Academic and Classified Positions [87060 - 87062] SECTION 87062. Source version: id_ff1ae312-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=3. If an employee of a community college district, including a district having the merit system as outlined in Article 3 (commencing with Section 88060) of Chapter 4, employed in a position in the classified service is assigned to an academic position in the same district, the employee shall retain all sick leave, vacation, and other rights and benefits accumulated by the employee at the time he or she is assigned to an academic position. All seniority and permanency rights shall be secured to the employee during the period of time he or she occupies an academic position. The employee’s return to the classified service at any time shall be treated as if there had not been an interruption in his or her classified service. (Amended by Stats. 1990, Ch. 1302, Sec. 24. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 4. Equal Employment Opportunity Hiring [87100 - 87108] SECTION 87100. Source version: id_5db1e724-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=4. (a) The Legislature finds and declares all of the following: (1) In fulfilling its mission within California’s system of public higher education, the California Community Colleges are committed to academic excellence and to providing all students with the opportunity to succeed in their chosen educational pursuits. (2) Academic excellence can best be sustained in a climate of acceptance and with the inclusion of persons from a wide variety of backgrounds and preparations to provide service to an increasingly diverse student population. (3) A work force that is continually responsive to the needs of a diverse student population may be achieved by ensuring that all persons receive an equal opportunity to compete for employment and promotion within the community college districts and by eliminating barriers to equal employment opportunity. (b) It is the intent of the Legislature to establish and maintain within the California Community College districts a policy of equal opportunity in employment for all persons, and to prohibit discrimination or preferential treatment based on ethnic group identification, or on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every aspect of personnel policy and practice in the community college districts should advance the realization of inclusion through a continuing program of equal employment opportunity. (c) The Legislature recognizes that it is not enough to proclaim that community college districts must not discriminate and must not grant preferential treatment on impermissible bases. The Legislature declares that efforts must also be made to build a community in which nondiscrimination and equal opportunity are realized. It is the intent of the Legislature to require community college districts to adopt and implement programs and plans for ensuring equal employment opportunity in their employment practices. (Amended by Stats. 2004, Ch. 788, Sec. 6. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 4. Equal Employment Opportunity Hiring [87100 - 87108] SECTION 87101. Source version: id_ff1c69b8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=4. For the purposes of this article: (a) “Equal employment opportunity” means that all qualified individuals have a full and fair opportunity to compete for hiring and promotion and fully enjoy the benefits of employment by a community college district. Ensuring equal employment opportunity is advanced in an inclusive environment that fosters cooperation, acceptance, democracy, and the free expression of ideas. An inclusive environment is welcoming to men and women, persons with disabilities, individuals from all ethnic groups, and individuals from all other groups protected from discrimination by this article. (b) “Equal employment opportunity plan” means a document that includes specific procedures for achieving equal employment opportunity. (c) “Equal employment opportunity program” means all the various methods by which equal employment opportunity is ensured. These methods include, but are not necessarily limited to, actively recruiting, using nondiscriminatory employment practices, and monitoring employment practices to ensure equality of opportunity. Each district employer shall commit to sustained action to devise recruiting, training, and advancement opportunities that will result in equal employment opportunities for all qualified applicants and employees. (Repealed and added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 4. Equal Employment Opportunity Hiring [87100 - 87108] SECTION 87102. Source version: id_7117cc25-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=4. (a) As a condition for the receipt of funds pursuant to Section 87107, the governing board of the community college district that opts to participate under the article shall periodically submit to the board of governors an affirmation of compliance with this article, and, to promote faculty diversity, commencing with the 2023–24 academic year, shall implement strategies from the Multiple Methods identified by the office of the Chancellor of the California Community Colleges. Each participating community college district’s equal employment opportunity program shall ensure participation in, and commitment to, the program by community college district personnel. Each participating community college district’s equal employment opportunity plan shall include steps that the community college district will take to eliminate improper discrimination or preferences in its hiring and employment practices. Each plan shall address how the community college district will make progress in achieving the ratio of full-time to part-time faculty hiring, as indicated in Section 87482.6, while still ensuring equal employment opportunity. (b) Each participating community college district’s equal employment opportunity plan is a public record within the meaning of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (c) To ensure compliance and consistency in the implementation of this article, on or before January 1, 2024, the chancellor’s office shall create a process to verify each participating community college district’s proper implementation of strategies from the Multiple Methods identified by the chancellor’s office to promote faculty diversity under the community college district’s equal employment opportunity plan. (d) The chancellor’s office shall, on or before April 1, 2024, implement a policy to regularly determine the most effective and feasible best practices for participating community college districts to promote faculty diversity under their equal employment opportunity plans. The chancellor’s office shall update the Multiple Methods strategies to include the selected best practices for purposes of evaluating each participating community college district’s equal employment opportunity plan once every three years. (Amended by Stats. 2023, Ch. 50, Sec. 11. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 4. Equal Employment Opportunity Hiring [87100 - 87108] SECTION 87103. Source version: id_7c440eb7-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=4. (a) The board of governors shall render assistance in developing and implementing equal employment opportunity programs in the community college districts. (b) To ensure that participating community college districts perform analyses necessary to identify and determine the causes of any underrepresentation in the faculty they hire, the office of the Chancellor of the California Community Colleges shall, on or before October 1, 2023, implement a policy to verify that community college districts conduct the demographic analyses of their employment processes as required in Section 53023 of Title 5 of the California Code of Regulations. (Amended by Stats. 2023, Ch. 50, Sec. 12. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 4. Equal Employment Opportunity Hiring [87100 - 87108] SECTION 87105. Source version: id_ff1c69be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=4. The board of governors shall adopt all necessary regulations to carry out the intent of this article and to ensure that each participating community college district implements processes for ensuring equal employment opportunities. Nothing in this act shall be construed to require any community college to incur any costs in excess of the funds allocated by the state for the purposes of this act. (Repealed and added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 4. Equal Employment Opportunity Hiring [87100 - 87108] SECTION 87106. Source version: id_ff1c69c0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=4. (a) The board of governors shall develop systemwide strategies for encouraging community college students to become qualified for, and seek, employment as community college faculty or administrators. (b) The board of governors shall develop and disseminate to community college districts a model equal employment opportunity plan that accomplishes at least all of the following: (1) Compliance with the regulations adopted by the board of governors to implement this article. (2) Compliance with the other applicable state and federal nondiscrimination statutes. (3) Implementation of the best practices for improving the equality of opportunity. (4) Encouragement of districts to take steps reasonably calculated to inform their students about the opportunity to participate in the Graduate Assumption Program of Loans for Education authorized by Article 5.5 (commencing with Section 69618) of Chapter 2 of Part 42 and to participate in other programs developed by the board of governors pursuant to subdivision (a). (Repealed and added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 4. Equal Employment Opportunity Hiring [87100 - 87108] SECTION 87107. Source version: id_ff1df062-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=4. In order to support the activities required and authorized by this article, the Employment Opportunity Fund is hereby established. The fund shall include moneys appropriated in the annual Budget Act or provided, pursuant to Section 87482.7, through transfer. The moneys in the fund shall be administered by the board of governors for the purpose of promoting equal employment opportunities in hiring and promotion at community college districts. (Repealed and added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 4. Equal Employment Opportunity Hiring [87100 - 87108] SECTION 87108. Source version: id_ff1df064-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=4. (a) The board of governors shall adopt regulations for the use of the fund. Those uses may include, but need not be limited to, all of the following: (1) Activities designed to encourage community college students to become qualified for, and seek, employment as community college faculty or administrators. (2) Outreach and recruitment. (3) In-service training on equal employment opportunities. (4) Accommodations for applicants and employees with disabilities. (5) Activities to promote equal employment opportunities and implement the requirements of this article. (b) The Board of Governors of the California Community Colleges may use not more than 25 percent of the revenues in the fund to provide technical assistance, service, monitoring, and compliance functions. Service functions under this subdivision may include, but are not necessarily limited to, the provision of a clearinghouse for advertising community college district job opportunities and for allowing persons seeking jobs to make known their interest in community college employment. This clearinghouse shall include a special emphasis on faculty internship employment opportunities and on reaching students who are qualified for faculty internship programs. The remaining balance in the fund may be allocated to the individual community college districts as prescribed by the board of governors. (Added by Stats. 2002, Ch. 1169, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 5. Community College Faculty and Staff Development Fund [87150 - 87154] SECTION 87150. Source version: id_f3e207ca-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=5. There is hereby established the Community College Professional Development Program, to be administered by the board of governors, the purpose of which is to provide state general funds to community colleges for supporting locally developed and implemented faculty and staff development programs. (Amended by Stats. 2014, Ch. 473, Sec. 1. (AB 2558) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 5. Community College Faculty and Staff Development Fund [87150 - 87154] SECTION 87151. Source version: id_fd26c5ac-8990-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=5. The board of governors shall annually allocate funds, when appropriated for purposes of this article, only to a community college district whose chief executive officer has submitted to the chancellor an affidavit that includes all of the following: (a) A statement that each campus within the community college district has an advisory committee, composed of administrators, faculty, and staff representatives, which has assisted in the assessment of the faculty and staff development needs and in the design of the plan to meet those needs. (b) A campus human development resources plan has been completed for the current and subsequent fiscal years. (c) A report of the actual expenditures for faculty and staff development for the preceding year. (Amended by Stats. 2014, Ch. 473, Sec. 2. (AB 2558) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 5. Community College Faculty and Staff Development Fund [87150 - 87154] SECTION 87152. Source version: id_4be23c4c-8989-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=5. (a) Any funding appropriated for purposes of this article shall be allocated to the community college districts that provide professional development opportunities to both faculty and staff. Funding shall be disbursed in accordance with rules and regulations adopted by the board of governors. (b) Community college districts that receive funding pursuant to this section shall include the employee’s time used participating in the Community College Professional Development Program in the employee’s contractually obligated hours. (Repealed and added by Stats. 2014, Ch. 473, Sec. 4. (AB 2558) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 5. Community College Faculty and Staff Development Fund [87150 - 87154] SECTION 87153. Source version: id_ff1f770e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=5. The authorized uses of funds allocated under this article shall include all of the following: (a) Improvement of teaching. (b) Maintenance of current academic and technical knowledge and skills. (c) In-service training for vocational education and employment preparation programs. (d) Retraining to meet changing institutional needs. (e) Intersegmental exchange programs. (f) Development of innovations in instructional and administrative techniques and program effectiveness. (g) Computer and technological proficiency programs. (h) Courses and training implementing affirmative action and upward mobility programs. (i) Other activities determined to be related to educational and professional development pursuant to criteria established by the Board of Governors of the California Community Colleges, including, but not necessarily limited to, programs designed to develop self-esteem. (Added by Stats. 1988, Ch. 973, Sec. 26.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 5. Community College Faculty and Staff Development Fund [87150 - 87154] SECTION 87154. Source version: id_ff1f7710-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=5. This article shall be operative during any fiscal year only if funds are provided therefor in the annual Budget Act for that fiscal year or other legislation. (Added by Stats. 1988, Ch. 973, Sec. 26.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 6. Reporting by Community College Employees of Improper Governmental Activities [87160 - 87164] SECTION 87160. Source version: id_ff20fdb4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=6. This article shall be known and may be referred to as the Reporting by Community College Employees of Improper Governmental Activities Act. (Added by Stats. 2000, Ch. 531, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 6. Reporting by Community College Employees of Improper Governmental Activities [87160 - 87164] SECTION 87161. Source version: id_ff20fdb6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=6. It is the intent of the Legislature that community college employees and other persons disclose, to the extent not expressly prohibited by law, improper governmental activities. (Added by Stats. 2000, Ch. 531, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 6. Reporting by Community College Employees of Improper Governmental Activities [87160 - 87164] SECTION 87162. Source version: id_ff20fdb8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=6. For the purposes of this article, the following terms have the following meanings: (a) “Employee” means a public school employee as defined in subdivision (j) of Section 3540.1 of the Government Code as construed to include community college employees. (b) “Illegal order” means any directive to violate or assist in violating a federal, state, or local law, rule, or regulation or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public. (c) “Improper governmental activity” means an activity by a community college or by an employee that is undertaken in the performance of the employee’s official duties, whether or not that activity is within the scope of his or her employment, and that meets either of the following descriptions: (1) The activity violates a state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty. (2) The activity is economically wasteful or involves gross misconduct, incompetency, or inefficiency. (d) “Person” means any individual, corporation, trust, association, any state or local government, or any agency or instrumentality of any of the foregoing. (e) “Protected disclosure” means a good faith communication that discloses or demonstrates an intention to disclose information that may evidence either of the following: (1) An improper governmental activity. (2) Any condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition. (f) “Public school employer” has the same meaning as in subdivision (k) of Section 3540.1 of the Government Code as construed to include community college districts. (Added by Stats. 2000, Ch. 531, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 6. Reporting by Community College Employees of Improper Governmental Activities [87160 - 87164] SECTION 87163. Source version: id_ff20fdba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=6. (a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to an official agent matters within the scope of this article. (b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer or conferring any benefit; affecting or threatening to affect any reprisal; or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action. (c) For the purpose of subdivision (a), “official agent” includes a community college administrator, member of the governing board of a community college district, or the Chancellor of the California Community Colleges. (d) An employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party. (e) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law. (Added by Stats. 2000, Ch. 531, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 1. Provisions Applying to All Employees [87000 - 87164] ARTICLE 6. Reporting by Community College Employees of Improper Governmental Activities [87160 - 87164] SECTION 87164. Source version: id_ff22845c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=1.&article=6. (a) An employee or applicant for employment with a public school employer who files a written complaint with his or her supervisor, a community college administrator, or the public school employer alleging actual or attempted acts of reprisal, retaliation, threats, coercion, or similar improper acts prohibited by Section 87163 for having disclosed improper governmental activities or for refusing to obey an illegal order may also file a copy of the written complaint with the local law enforcement agency, together with a sworn statement that the contents of the written complaint are true, or are believed by the affiant to be true, under penalty of perjury. The complaint filed with the local law enforcement agency shall be filed within 12 months of the most recent act of reprisal that is the subject of the complaint. (b) A person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee or applicant for employment with a public school employer for having made a protected disclosure is subject to a fine not to exceed ten thousand dollars ($10,000) and imprisonment in the county jail for a period not to exceed one year. An employee, officer, or administrator who intentionally engages in that conduct shall also be subject to discipline by the public school employer. If no adverse action is instituted by the public school employer, and it is determined that there is reasonable cause to believe that an act of reprisal, retaliation, threats, coercion, or similar acts prohibited by Section 87163, the local law enforcement agency may report the nature and details of the activity to the governing board of the community college district. (c) (1) The State Personnel Board shall initiate a hearing or investigation of a written complaint of reprisal or retaliation as prohibited by Section 87163 within 10 working days of its submission. The executive officer of the State Personnel Board shall complete findings of the hearing or investigation within 60 working days thereafter, and shall provide a copy of the findings to the complaining employee or applicant for employment with a public school employer and to the appropriate supervisors, administrator, or employer. This hearing shall be conducted in accordance with Section 18671.2 of the Government Code, this part, and the rules of practice and procedure of the State Personnel Board. When the allegations contained in a complaint of reprisal or retaliation are the same as, or similar to, those contained in another appeal, the executive officer may consolidate the appeals into the most appropriate format. In these cases, the time limits described in this paragraph shall not apply. (2) Notwithstanding Section 18671.2 of the Government Code, no costs associated with hearings of the State Personnel Board conducted pursuant to paragraph (1) shall be charged to the board of governors. Instead, all of the costs associated with hearings of the State Personnel Board conducted pursuant to paragraph (1) shall be charged directly to the community college district that employs the complaining employee, or with whom the complaining applicant for employment has filed his or her employment application. (d) If the findings of the executive officer of the State Personnel Board set forth acts of alleged misconduct by the supervisor, community college administrator, or public school employer, the supervisor, administrator, or employer may request a hearing before the State Personnel Board regarding the findings of the executive officer. The request for hearing and any subsequent determination by the board shall be made in accordance with the board’s usual rules governing appeals, hearings, investigations, and disciplinary proceedings. (e) If, after the hearing, the State Personnel Board determines that a violation of Section 87163 occurred, or if no hearing is requested and the findings of the executive officer conclude that improper activity has occurred, the board may order any appropriate relief, including, but not limited to, reinstatement, back pay, restoration of lost service credit if appropriate, and the expungement of any adverse records of the employee or applicant for employment with a public school employer who was the subject of the alleged acts of misconduct prohibited by Section 87163. (f) Whenever the State Personnel Board determines that a supervisor, community college administrator, or public school employer has violated Section 87163, it shall cause an entry to that effect to be made in the supervisor’s, community college administrator’s, or public school employer’s official personnel records. (g) In order for the Governor and the Legislature to determine the need to continue or modify personnel procedures as they relate to the investigations of reprisals or retaliation for the disclosure of information by employees, the State Personnel Board, by June 30 of each year, shall submit a report to the Governor and the Legislature regarding complaints filed, hearings held, and legal actions taken pursuant to this section. (h) In addition to all other penalties provided by law, a person who intentionally engages in acts of reprisal, retaliation, threats, coercion, or similar acts against an employee or applicant for employment with a public school employer for having made a protected disclosure shall be liable in an action for damages brought against him or her by the injured party. Punitive damages may be awarded by the court where the acts of the offending party are proven to be malicious. Where liability has been established, the injured party shall also be entitled to reasonable attorney’s fees as provided by law. However, an action for damages shall not be available to the injured party unless the injured party has first filed a complaint with the local law enforcement agency. Nothing in this subdivision requires an injured party to file a complaint with the State Personnel Board prior to seeking relief for damages in a court of law. (i) This section is not intended to prevent a public school employer, school administrator, or supervisor from taking, failing to take, directing others to take, recommending, or approving a personnel action with respect to an employee or applicant for employment with a public school employer if the public school employer, school administrator, or supervisor reasonably believes an action or inaction is justified on the basis of evidence separate and apart from the fact that the person has made a protected disclosure as defined in subdivision (e) of Section 87162. (j) In any civil action or administrative proceeding, once it has been demonstrated by a preponderance of evidence that an activity protected by this article was a contributing factor in the alleged retaliation against a former, current, or prospective employee, the burden of proof shall be on the supervisor, school administrator, or public school employer to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in protected disclosures or refused an illegal order. If the supervisor, school administrator, or public school employer fails to meet this burden of proof in an adverse action against the employee in any administrative review, challenge, or adjudication in which retaliation has been demonstrated to be a contributing factor, the employee shall have a complete affirmative defense in the adverse action. (k) Nothing in this article shall be deemed to diminish the rights, privileges, or remedies of an employee under any other federal or state law or under an employment contract or collective bargaining agreement. (l) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action. (Amended by Stats. 2002, Ch. 81, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 1. General Provisions [87350 - 87351] SECTION 87350. Source version: id_ff240b02-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=1. The plan for a new mechanism of faculty qualifications being developed by the Chancellor of the California Community Colleges pursuant to Chapter 1465 of the Statutes of 1986 shall include all of the following: (a) A transition provision which would grandfather existing bargaining unit definitions. (b) Consideration of projected California demographics. (c) Consideration of affirmative action policies and programs. (Added by Stats. 1988, Ch. 973, Sec. 28. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 1. General Provisions [87350 - 87351] SECTION 87351. Source version: id_ff240b04-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=1. The minimum qualifications for service prescribed by this chapter shall become operative on July 1, 1990. (Added by Stats. 1990, Ch. 1302, Sec. 31. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 2. Minimum Qualifications and Hiring Criteria [87355 - 87359.5] SECTION 87355. Source version: id_ff2591a8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=2. Notwithstanding Section 87356, every person authorized to serve as a community college instructor, librarian, counselor, student personnel worker, supervisor, administrator, or chief administrative officer under a credential shall retain the right to serve under the terms of that credential, and, for that purpose, shall be deemed to possess the minimum qualifications specified for every discipline or service covered by the credential until the expiration of that credential. The board of governors shall adopt regulations as necessary to implement this requirement. (Repealed and added by Stats. 1989, Ch. 1340, Sec. 7. Effective October 2, 1989.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 2. Minimum Qualifications and Hiring Criteria [87355 - 87359.5] SECTION 87356. Source version: id_ff2591aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=2. (a) The board of governors shall adopt regulations to establish and maintain the minimum qualifications for service as a faculty member teaching credit instruction, a faculty member teaching noncredit instruction, a librarian, a counselor, an educational administrator, an extended opportunity programs and services worker, a disabled students programs and services worker, an apprenticeship instructor, and a supervisor of health. (b) The Legislature finds and declares that this section does not create a state-mandated local program because compensation of faculty will continue to be determined through the collective bargaining process or meet and confer sessions. (Added by Stats. 1993, Ch. 506, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 2. Minimum Qualifications and Hiring Criteria [87355 - 87359.5] SECTION 87357. Source version: id_ff2591ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=2. (a) In establishing and maintaining minimum qualifications pursuant to Section 87356, the board of governors shall do all of the following: (1) With regard to minimum qualifications for faculty, the board of governors shall consult with, and rely primarily on the advice and judgment of, the statewide Academic Senate. With regard to minimum qualifications for educational administrators, the board of governors shall consult with, and rely primarily on the advice and judgment of, an appropriate statewide organization of administrators. With regard to minimum qualifications for apprenticeship instructors, the board of governors shall consult with, and rely primarily on the advice and judgment of, appropriate apprenticeship teaching faculty and labor organization representatives. In each case, the board of governors shall provide a reasonable opportunity for comment by other statewide representative groups. (2) The board of governors shall establish a process to review at least every three years the continued appropriateness of the minimum qualifications, and the adequacy of the means by which they are administered. The process shall provide for the appointment of a representative group of community college faculty, administrators, students, and trustees to conduct or otherwise assist in the review, including particularly, representatives of academic senates, collective bargaining organizations, and statewide faculty associations. In addition, the group shall be broadly representative of academic and vocational programs in the curriculum from both urban and rural districts, and representative of ethnic minority communities. (b) The board of governors, relying primarily upon the advice and judgment of the statewide Academic Senate, shall prescribe by regulation a working definition of the term “discipline” and shall prepare and maintain a list of disciplines that are “reasonably related” to one another, as that phrase is used in the minimum qualifications. The initial list shall be distributed to the community college districts by July 1, 1989, for their use in applying the minimum qualifications for hire. In formulating advice and recommendations to the board of governors regarding the definition of the term “discipline,” the statewide Academic Senate shall consult with appropriate statewide organizations representing administrators and faculty collective bargaining agents. The statewide Academic Senate shall incorporate the advice of those groups into its recommendations to the board of governors, particularly as it relates to the practical ramifications of any proposed definition of the term “discipline” on issues of reassignment, transfer, and reduction in force. The board of governors, relying primarily upon the advice and judgment of the statewide Academic Senate, shall prepare and maintain a list of disciplines in which the master’s degree is not generally expected or available. The initial list shall be distributed to the community college districts by July 1, 1989, for their use in applying the minimum qualifications for service. (Amended by Stats. 1990, Ch. 1302, Sec. 33. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 2. Minimum Qualifications and Hiring Criteria [87355 - 87359.5] SECTION 87358. Source version: id_ff2591ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=2. The board of governors shall periodically designate a team of community college faculty, administrators, and trustees to review each community college district’s application of minimum qualifications to faculty and administrators. (Added by Stats. 1988, Ch. 973, Sec. 28. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 2. Minimum Qualifications and Hiring Criteria [87355 - 87359.5] SECTION 87359. Source version: id_ff2591b0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=2. The board of governors shall adopt regulations setting forth a process authorizing local governing boards to employ faculty members and educational administrators who do not meet the applicable minimum qualifications specified in the regulations adopted by the board of governors pursuant to Section 87356. Unless and until amended pursuant to the process described in Section 87357, the regulations shall require all of the following: (a) No one may be hired to serve as a community college faculty member or educational administrator under the authority granted by the regulations unless the governing board determines that he or she possesses qualifications that are at least equivalent to the minimum qualifications specified in regulations of the board of governors adopted pursuant to Section 87356. The criteria used by the governing board in making the determination shall be reflected in the governing board’s action employing the individual. (b) The process, as well as criteria and standards by which the governing board reaches its determinations regarding faculty members, shall be developed and agreed upon jointly by representatives of the governing board and the academic senate, and approved by the governing board. The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senate to determine that each individual faculty member employed under the authority granted by the regulations possesses qualifications that are at least equivalent to the applicable minimum qualifications specified in regulations adopted by the board of governors. The process shall further require that the governing board provide the academic senate with an opportunity to present its views to the governing board before the board makes a determination, and that the written record of the decision, including the views of the academic senate, shall be available for review pursuant to Section 87358. (c) Until a joint agreement is reached and approved pursuant to subdivision (b), the district process in existence on January 1, 1989, shall remain in effect. (Amended by Stats. 1993, Ch. 506, Sec. 3. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 2. Minimum Qualifications and Hiring Criteria [87355 - 87359.5] SECTION 87359.2. Source version: id_1cb7c068-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=2. (a) The instructor of record for a course of instruction shall be a person who meets the minimum qualifications to serve as a faculty member teaching credit instruction or a faculty member teaching noncredit instruction established pursuant to Section 87356 or the qualifications to serve as a faculty member established pursuant to Section 87359. (b) A community college instructor, librarian, counselor, student personnel worker, supervisor, administrator, chief administrative officer, extended opportunity programs and services worker, disabled students programs and services worker, apprenticeship instructor, or supervisor of health shall be a person who meets the minimum qualifications to serve in that position established pursuant to Sections 87355 and 87356 or the qualifications to serve in that position established pursuant to Section 87359. (c) This section does not prohibit community college staff from using artificial intelligence tools to assist in the operations of a community college or in providing services to community college students. (Amended by Stats. 2025, Ch. 214, Sec. 1. (SB 241) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 2. Minimum Qualifications and Hiring Criteria [87355 - 87359.5] SECTION 87359.5. Source version: id_ff2591b2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=2. By May 1, 1989, the board of governors shall have reviewed or contracted for review of, the job relevance of the requirements of Sections 87408, 87408.5, 87408.6, and any other physical fitness tests or examinations, and other conditions of employment, applicable to community college personnel. (Added by Stats. 1988, Ch. 973, Sec. 28. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 2.5. Qualifications for Community College Personnel [87350 - 87360] ARTICLE 3. Hiring Criteria [87360- 87360.] SECTION 87360. Source version: id_ff271856-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=2.5.&article=3. (a) In establishing hiring criteria for faculty and administrators, district governing boards shall, no later than July 1, 1990, develop criteria that include a sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students. (b) No later than July 1, 1990, hiring criteria, policies, and procedures for new faculty members shall be developed and agreed upon jointly by representatives of the governing board, and the academic senate, and approved by the governing board. (c) Until a joint agreement is reached and approved pursuant to subdivision (b), the existing district process in existence on January 1, 1989, shall remain in effect. (Added by Stats. 1988, Ch. 973, Sec. 28. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87400. Source version: id_d626dd47-3188-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Governing boards of community college districts shall employ for academic positions, only persons who possess the qualifications therefor prescribed by regulation of the board of governors. It is contrary to the public policy of this state for any person or persons charged, by those governing boards, with the responsibility of recommending persons for employment by those boards to refuse or to fail to do so for reasons of race, color, religious creed, sex, sexual orientation, gender identity, gender expression, or national origin of those applicants for that employment. (Amended by Stats. 2011, Ch. 637, Sec. 10. (AB 620) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87405. Source version: id_ff289efe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) Governing boards of commmunity college districts shall not employ or retain in employment persons who have been convicted of any sex offense as defined in Section 87010 or controlled substance offense as defined in Section 87011. If, however, any such conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter. (b) Notwithstanding subdivision (a), no person shall be denied employment or not be retained solely on the basis that he or she has been convicted of a sex offense or a controlled substance offense if he or she has obtained or applied for a certificate of rehabilitation and pardon under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, and if his or her probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code. (c) Notwithstanding subdivision (a), a person may be employed or retained despite being convicted of a sex offense or a controlled substance offense if the governing board determines from the evidence presented that the person has been rehabilitated for at least five years, or has received a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or if the accusation or information against the person has been dismissed and he or she has been released from all disabilities and penalties resulting from the offense pursuant to Section 1203.4 of the Penal Code. (Amended by Stats. 1990, Ch. 1302, Sec. 37. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87406. Source version: id_ff289f00-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Governing boards of community college districts shall not employ or retain in employment any person who has been determined to be a sexual psychopath under the provisions of Article 1 (commencing with Section 5500), Chapter 1, Part 1.5, Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state. If, however, the determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding or the proceeding to determine whether he or she is a sexual psychopath is dismissed, this section does not prohibit his or her employment thereafter. (Amended by Stats. 1990, Ch. 1302, Sec. 38. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87406.5. Source version: id_ff289f02-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Notwithstanding any other provision of law to the contrary, the governing board of any community college district may employ any student enrolled in the district who is an ex-convict or who is on parole, other than a person determined to be a sexual psychopath, to perform noninstructional duties and such student workers shall not be considered to be classified employees. (Added by Stats. 1981, Ch. 470, Sec. 345.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87408. Source version: id_32fbdb40-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) When a community college district wishes to employ a person in an academic position and that person has not previously been employed in an academic position in this state, the district shall require a medical certificate showing that the applicant is free from any communicable disease, including, but not limited to, active tuberculosis, unfitting the applicant to instruct or associate with students. The medical certificate shall be submitted directly to the governing board by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure. The medical examination shall have been conducted not more than six months before the submission of the certificate and shall be at the expense of the applicant. A governing board may offer a contract of employment to an applicant subject to the submission of the required medical certificate. Notwithstanding Section 87031, the medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee. (b) The governing board of a community college district may require academic employees to undergo a periodic medical examination by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure, to determine that the employee is free from any communicable disease, including, but not limited to, active tuberculosis, unfitting the applicant to instruct or associate with students. The periodic medical examination shall be at the expense of the district. The medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee. (Amended by Stats. 2010, Ch. 512, Sec. 9. (SB 1069) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87408.5. Source version: id_349d0822-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) When a community college district wishes to employ a retirant who is retired for service, and such person has not been previously employed as a retirant, such district shall require, as a condition of initial employment as a retirant, a medical certificate showing that the retirant is free from any disabling disease unfitting him or her to instruct or associate with students. The medical certificate shall be completed and submitted directly to the community college district by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure. A medical examination shall be required for the completion of the medical certificate. The examination shall be conducted not more than six months before the completion and submission of the certificate and shall be at the expense of the retirant. The medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee. (b) The community college district that initially employed the retirant, or any district that subsequently employs the retirant, may require a periodic medical examination by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure, to determine that the retirant is free from any communicable disease unfitting him or her to instruct or associate with students. The periodic medical examination shall be at the expense of the community college district. The medical certificate shall become a part of the personnel record of the retirant and shall be open to the retirant or his or her designee. (Amended by Stats. 2010, Ch. 512, Sec. 10. (SB 1069) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87408.6. Source version: id_eaa93ada-ca37-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) (1) Except as provided in subdivision (h), a person shall not be initially employed by a community college district in an academic or classified position unless the person has within the last 60 days submitted to a tuberculosis risk assessment developed by the State Department of Public Health and the California Tuberculosis Controllers Association and, if risk factors are present, an examination to determine that he or she is free of active tuberculosis, by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. This examination shall consist of an approved intradermal tuberculin test or any other test for tuberculosis infection recommended by the federal Centers for Disease Control and Prevention (CDC) and licensed by the federal Food and Drug Administration (FDA), that, if positive, shall be followed by an X-ray of the lungs. (2) The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray film is subsequently interpreted by a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (3) The district superintendent, or his or her designee, may exempt, for a period not to exceed 60 days following termination of the pregnancy, a pregnant employee from the requirement that a positive intradermal tuberculin test be followed by an X-ray of the lungs. (b) Thereafter, employees who are skin test negative, or negative by any other test recommended by the CDC and licensed by the FDA, or were not tested because of a lack of risk factors, shall be required to undergo the foregoing tuberculosis risk assessment and, if risk factors exist, examination at least once each four years or more often if directed by the governing board upon recommendation of the local health officer for so long as the employee remains test negative by either the tuberculin skin test or any other test recommended by the CDC and licensed by the FDA. Once an employee has a documented positive skin test or any other test that has been recommended by the CDC and licensed by the FDA that has been followed by an X-ray, the foregoing tuberculosis risk assessments and examinations shall no longer be required, and referral shall be made within 30 days of completion of the examination to the local health officer to determine the need for followup care. (c) If risk factors were present at the tuberculosis risk assessment and an examination occurs, after the examination an employee shall cause to be on file with the district superintendent a certificate from the examining physician and surgeon or physician assistant showing the employee was examined and found free from active tuberculosis. “Certificate,” as used in this subdivision, means a certificate signed by the examining physician and surgeon or physician assistant, or a notice from a public health agency or unit of the American Lung Association that indicates freedom from active tuberculosis. The latter, regardless of form, shall constitute evidence of compliance with this section. (d) This tuberculosis risk assessment and, if risk factors are present, examination is a condition of initial employment and the expense incident thereto shall be borne by the applicant unless otherwise provided by rules of the governing board. However, the board may, if an applicant is accepted for employment, reimburse the person in a like manner prescribed for employees in subdivision (e). (e) The governing board of each district shall reimburse the employee for the cost, if any, of the examination. The board may provide for the examination required by this section or may establish a reasonable fee for the examination that is reimbursable to employees of the district complying with this section. (f) (1) At the discretion of the governing board, this section does not apply to those employees not requiring certification qualifications who are employed for any period of time less than a college year whose functions do not require frequent or prolonged contact with students. (2) The governing board may, however, require the tuberculosis risk assessment and, if risk factors are present, examination and may, as a contract condition, require the assessment and examination of persons employed under contract, other than those persons specified in subdivision (a), if the board believes the presence of these persons in and around college premises would constitute a health hazard to students. (g) If the governing board of a community college district determines by resolution, after hearing, that the health of students in the district would not be jeopardized thereby, this section does not apply to any employee of the district who files an affidavit stating that he or she adheres to the faith or teachings of any well-recognized religious sect, denomination, or organization and in accordance with its creed, tenets, or principles depends for healing upon prayer in the practice of religion and that to the best of his or her knowledge and belief he or she is free from active tuberculosis. If at any time there should be probable cause to believe that the affiant is afflicted with active tuberculosis, he or she may be excluded from service until the governing board of the employing district is satisfied that he or she is not so afflicted. (h) (1) A person who transfers his or her employment from one campus or community college district to another shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate that shows that he or she within the past four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the college previously employing him or her that it has a certificate on file that contains that showing. (2) A person who transfers his or her employment from a private or parochial elementary school, secondary school, or nursery school to the community college district subject to this section shall be deemed to meet the requirements of subdivision (a) if the person can produce a certificate as provided for in Section 121525 of the Health and Safety Code that shows that he or she within the last four years had a tuberculosis risk assessment that showed no risk factors were present or was examined and was found to be free of communicable tuberculosis, or if it is verified by the school previously employing him or her that it has the certificate on file. (i) (1) Any governing board of a community college district providing for the transportation of students under contract shall require as a condition of the contract the tuberculosis risk assessment and, if risk factors are present, examination for active tuberculosis, as provided in subdivision (a), of all drivers transporting the students. Privately contracted drivers who transport the students on an infrequent basis, not to exceed once a month, shall be excluded from this requirement. (2) Examinations required pursuant to this subdivision shall be made available without charge by the local health officer. (Amended by Stats. 2016, Ch. 51, Sec. 1. (SB 1038) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87410. Source version: id_ff2a4cba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Any academic employee not a regular employee who fails to signify his acceptance within 45 consecutive calendar days after notice of his or her election or employment has been given him or her, or mailed to him or her by United States registered mail with postage thereon prepaid at his or her last known place of address, by the clerk or secretary of the governing board of the community college district, shall be deemed to have declined the employment. (Amended by Stats. 1990, Ch. 1302, Sec. 42. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87411. Source version: id_ff2a4cbc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. If, without good cause, a regular employee of a community college district fails prior to July 1st of any college year to notify the governing board of the district of his or her intention to remain or not to remain in the service of the district, as the case may be, during the ensuing college year if a request to give that notice, including a copy of this section, was personally served upon the employee, or mailed to him or her by United States certified mail with return receipt requested to his or her last known place of address, by the clerk or secretary of the governing board of the community college district, not later than the preceding May 30th, the employee may be deemed to have declined employment and his or her services as an employee of the district may be terminated on June 30th of that year. (Amended by Stats. 1995, Ch. 758, Sec. 138. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87413. Source version: id_ff2bd35e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Except as otherwise provided in Sections 87415 to 87424, inclusive, every contract or regular employee employed before July 1, 1947, shall be deemed to have been employed on the date upon which he or she first accepted employment in a probationary position. In case two or more employees accepted employment on the same date, the governing board of the district shall determine the order of employment by lots drawn by the employees concerned or assigned at random by an independent auditing firm employed in accordance with Section 87414. (Amended by Stats. 1995, Ch. 758, Sec. 139. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87414. Source version: id_ff2bd360-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Every contract or regular employee employed after June 30, 1947, shall be deemed to have been employed on the date upon which he or she first rendered paid service in a probationary or contract position. Every academic employee who first rendered paid service on the same date shall participate in a single drawing to determine the order of employment, except that in community college districts having a full-time equivalent student in excess of 15,000, an independent auditing firm may be employed to assign to those employees numbers at random which shall determine the order of employment. Any determination of an employee’s order of employment pursuant to this section shall be made within 30 days of the date service was first rendered by the employee. (Amended by Stats. 1995, Ch. 758, Sec. 140. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87415. Source version: id_ff2bd362-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. The following general provisions shall apply regardless of date of employment: The order once determined by lot shall be permanent, and shall be entered on the permanent records of the district. Records showing date of employment, whether kept by the district or by the county, shall be accessible, on demand, to any academic employee of the district or to his or her designated representative. In the absence of records as to any of the matters referred to in the two preceding sections, the board, in accordance with evidence presented, shall determine the order of employment after giving employees a reasonable opportunity to present such evidence. The governing board of every community college district shall establish the order of employment of all contract or regular employees of the district in the manner prescribed by Sections 87400 to 87424, inclusive, and shall keep a roster of same as a public record. Whether or not a roster is kept in other districts, the order of employment in all districts, when required, shall be determined as prescribed by Sections 87400 to 87424, inclusive. The board shall have power and it shall be its duty to correct any errors discovered from time to time in its records showing the order of employment. (Amended by Stats. 1990, Ch. 1302, Sec. 45. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87416. Source version: id_ff2bd364-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. When any college or part thereof shall have been transferred from one community college district to another, employment for any employees who transfer with the college or part thereof shall date from the time those employees first accepted employment (if before July 1, 1947) or rendered paid service (if after June 30, 1947) as contract employees in the district from which the college or part thereof and the employees were transferred. (Amended by Stats. 1990, Ch. 1302, Sec. 46. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87417. Source version: id_ff2bd366-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. When any academic employee shall have resigned or been dismissed for cause and shall thereafter have been reemployed by the board, his or her date of employment shall be deemed to be the date on which he or she first accepted reemployment (if reemployed before July 1, 1947) or rendered paid service (if reemployed after June 30, 1947) after his or her reemployment. When an employee’s services are terminated for lack of enrollment or discontinuance of service or are otherwise interrupted in a manner declared by law not to constitute a break in service, his or her original order of employment shall stand. (Amended by Stats. 1990, Ch. 1302, Sec. 47. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87418. Source version: id_ff2bd368-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Nothing in Section 72400, Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, of Division 1 of Title 1 and this part, shall be construed in a manner to deprive any person of his or her rights and remedies in a court of competent jurisdiction on a question of law and fact. (Amended by Stats. 1995, Ch. 758, Sec. 141. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87419. Source version: id_ff2d5a0a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Nothing in Section 72400, Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, of Division 1 of Title 1 and this part, shall be construed to repeal or negate any provisions concerning employees of community college districts contained in the charter of any city, county, or city and county, adopted and approved in conformity with Article XI of the California Constitution. (Amended by Stats. 1995, Ch. 758, Sec. 142. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87419.1. Source version: id_ff2d5a0c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Notwithstanding Section 87419, and notwithstanding provisions of the charter of any city or city and county to the contrary, on and after July 1, 1978, the academic employees of any community college district governed by the charter who serve as the head of a department of the district or in an administrative or supervisory position shall neither acquire nor retain permanent status in that position unless the employee is or becomes eligible for permanent status in accordance with provisions of this code. (Amended by Stats. 1990, Ch. 1302, Sec. 48. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87420. Source version: id_ff2d5a0e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. All employments made under Sections 87405 to 87451, inclusive, Sections 87454 to 87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive, or Sections 87600 to 87626, inclusive, shall be subordinate to the right of the Legislature to amend or repeal Sections 87405 to 87451, inclusive, Sections 87454 to 87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive, Sections 87600 to 87626 inclusive, or any provision or provisions thereof at any time, and nothing herein contained shall be construed to confer upon any person employed pursuant to the provisions hereof a contract that will be impaired by the amendment or repeal of Sections 87405 to 87451, inclusive, Sections 87454 to 87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive, and Sections 87600 to 87626, inclusive, or of any provision or provisions thereof. (Amended by Stats. 1995, Ch. 758, Sec. 143. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87421. Source version: id_ff2d5a10-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Nothing in this code shall be construed as prohibiting the employment of persons in academic positions for less than a full school year in temporary schools or classes. (Amended by Stats. 1990, Ch. 1302, Sec. 50. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87422. Source version: id_ff2d5a12-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Any agreement between the governing board of a community college district and authorities of any foreign country, or of any state, territory, or possession of the United States, or of any other district within the state, for the temporary exchange of academic employees, shall be for a period not to exceed three years. No exchange shall be made without the consent of the academic employees to be exchanged. No person may serve as an exchange employee of a community college district in the state unless he or she or is qualified for service under Section 87355, 87356, or 87359. (Amended by Stats. 1990, Ch. 1302, Sec. 51. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87423. Source version: id_ff2ee0b4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Acceptance of any exchange position by an employee of a community college district in the state shall not affect his or her right to the permanent classification to which he or she is entitled, at the time of the acceptance, or any of his or her rights under the state teachers’ retirement salary provisions of this code, or under any local or district retirement plan, or system. The time served in the exchange position shall be counted as time served in the service of the district in which the employee is employed immediately prior to acceptance of the exchange position in determining his or her status under Section 72400, Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, this part, under the provisions of this code relating to state retirement salary, and under any local or district retirement plan. (Amended by Stats. 1995, Ch. 758, Sec. 144. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87424. Source version: id_ff2ee0b6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. If the employee from the district within the state who serves as an exchange instructor without the state and the governing board regularly employing him or her so agree, the district may pay his or her regular salary, making all deductions provided by law for retirement purposes, during the period of the exchange teaching. In such case, the district shall not pay the salary of the exchange employee from without the state, serving the district in exchange for its regular instructor. In the event an employee from a district within this state serving as an exchange instructor without the state and to whom the governing board of such district is paying the regular salary of such instructor as herein provided, is compelled to absent himself or herself from his or her duties because of injury, illness, or quarantine, the governing board of the district within this state may pay the substitute employed to take the place of such instructor and shall deduct the amount so paid the substitute from the compensation of the employee. (Amended by Stats. 1981, Ch. 470, Sec. 352.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87428. Source version: id_ff2ee0b8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. No community college district may adopt or maintain any rule or regulation which requires a candidate for an academic position to be a resident of the district or to become a resident of the district, or which requires that an employee maintain residency within the district; nor may a district grant any preferential treatment to candidates or employees because they are residents of the district. (Amended by Stats. 1990, Ch. 1302, Sec. 52. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87436. Source version: id_ff2ee0ba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Any librarian when employed full time as librarian or serving full time, partly as librarian and partly as an instructor, shall rank as an instructor. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87448. Source version: id_2997f32a-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) A physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse who is not employed in that capacity by the State Department of Public Health, shall not be, and any other person shall not be, employed or permitted to supervise the health and physical development of students unless they hold a services credential with a specialization in health or a valid credential issued before November 27, 1970, or unless they meet applicable minimum qualifications established by the board of governors. (b) Any psychologist employed pursuant to this section shall hold a school psychologist credential, a general pupil personnel services credential authorizing service as a school psychologist, a standard designated services credential with a specialization in pupil personnel services authorizing service as a psychologist, a services credential issued by the board of governors or the Commission on Teacher Credentialing or meet applicable minimum qualifications established by the board of governors. (c) An authorization for service as a school nurse shall not authorize teaching services unless the individual is qualified for faculty service pursuant to minimum qualifications established by the board of governors. (d) A physician employed by a community college district to perform medical services on a halftime or greater than halftime basis shall hold a valid certificate to practice medicine and surgery issued by the Medical Board of California or the Osteopathic Medical Board of California. The qualifications for a physician employed for less than halftime shall be a valid certificate to practice medicine and surgery issued by the Medical Board of California. (Amended by Stats. 2024, Ch. 471, Sec. 26. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87449. Source version: id_ff30675e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. When an instructor of classes for adults serves sufficient probationary time to be eligible for election to permanent classification in that district, his or her tenure shall be for service which is equivalent to the average number of hours per week which he or she has served during his or her probationary years. In no case shall such an employee be classified as permanent for more than one full-time assignment. The service for which such a person has acquired tenure may be reduced in conformity with Sections 87743 and 87744. (Amended by Stats. 1990, Ch. 1302, Sec. 63. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87451. Source version: id_ff306760-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Nothing in Section 87468 shall be construed to give regular classification to a person in the adult school who is already classified as a regular employee in the day school. In case an instructor obtains permanent classification in the evening school and later is eligible for the same classification in the day school by reason of having served the contract period therein, he or she shall be given a choice as to which classification he or she shall take. Notwithstanding any other provision to the contrary, service in the evening school shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee in the day school, except service in the evening school rendered by a person rendering services in the day school who is directed or specifically requested by the community college district to render services in the evening school either in addition to, or instead of, rendering service in the day school. Service in the day school shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee in the evening school, except service in the day school rendered by a person rendering services in the evening school who is directed or specifically requested by the community college district to render service in the day school either in addition to, or instead of, rendering service in the evening school. (Amended by Stats. 1995, Ch. 758, Sec. 146. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87453. Source version: id_ff306762-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. No regular employee of a community college district shall be dismissed without his or her consent or deprived of his or her classification as a regular employee of the district when the district does not have sufficient funds to pay his salary. (Amended by Stats. 1995, Ch. 758, Sec. 147. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87454. Source version: id_ff306764-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. A tenured employee, when assigned from a faculty position to an educational administrative position, or assigned any special or other type of work, or given special classification or designation, shall retain his or her status as a tenured faculty member. (Amended (as amended by Stats. 1988, Ch. 973) by Stats. 1990, Ch. 1302, Sec. 64. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87457. Source version: id_ff306766-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Whenever a person employed in an administrative position is assigned to a faculty position, the governing board of the community college district shall give the employee, when requested by him or her, a written statement of the reasons for the transfer. (Amended by Stats. 1988, Ch. 973, Sec. 32. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87458. Source version: id_ff306768-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. A person employed in an administrative position that is not part of the classified service, who has not previously acquired tenured status as a faculty member in the same district and who is not under contract in a program or project to perform services conducted under contract with public or private agencies, or in other categorically funded projects of indeterminate duration, shall have the right to become a first-year probationary faculty member once his or her administrative assignment expires or is terminated if all of the following apply: (a) The process by which the governing board reaches the determination shall be developed and agreed upon jointly by representatives of the governing board and the academic senate, and approved by the governing board. The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senate to determine that the administrator possesses the minimum qualifications for employment as a faculty member. The process shall further require that the governing board provide the academic senate with an opportunity to present its views to the governing board before the board makes a determination and that the written record of the decision, including the views of the academic senate, shall be available for review pursuant to Section 87358. (b) Until a joint agreement is reached pursuant to subdivision (a), the district process in existence on January 1, 1989, shall remain in effect. (c) The administrator has completed at least two years of satisfactory service, including any time previously served as a faculty member, in the district. (d) The termination of the administrative assignment is for any reason other than dismissal for cause. (e) This section shall apply to every educational administrator whose first day of paid service in the district as a faculty member or an administrator is on or after July 1, 1990. (Amended by Stats. 2001, Ch. 144, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87458.1. Source version: id_ff30676a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) A person employed in an administrative or supervisory position requiring certification qualifications upon completing a probationary period, including any time served as a classroom instructor, in the same district, shall be classified as and become a regular employee as a classroom instructor. (b) This section shall only apply to persons whose first day of paid service in the district without a break in service precedes July 1, 1990. (Added by Stats. 1990, Ch. 1302, Sec. 66. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87459. Source version: id_ff31ed0c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Notwithstanding the provisions of Section 87458 to the contrary, the governing board of any community college district shall, with respect to each person who is employed in an administrative or supervisory position requiring certification qualifications under a contract of employment providing a four-year term of employment and who either has not been previously employed by the district in such position or has been employed in such position but not under such a four-year contract, determine prior to May 15 of the third year under such four-year contract of employment whether to grant or deny the person regular classification as a classroom instructor. If the board grants the classification, the person shall be classified as and become a regular employee as a classroom instructor. This section shall only apply to persons whose first day of paid service in the district without a break in service precedes July 1, 1990. (Amended by Stats. 1990, Ch. 1302, Sec. 67. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87460. Source version: id_ff31ed0e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. A person employed in an administrative or supervisory position by more than one district shall be given regular classification in whichever district he or she may select for the regular classification. Other regular classification shall be given to such an employee in a district situated wholly or partly within a city or city and county where the charter of the city or city and county provides for other classification. This section shall apply only to persons whose first day of paid service in the district without a break in service precedes July 1, 1990. (Amended by Stats. 1995, Ch. 758, Sec. 148. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87462. Source version: id_ff31ed10-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. A permanent employee of a high school district who was classified as such while serving in a community college maintained by the high school district shall, if the high school district is included in a community college district, be classified as a regular employee of the community college district if employed by the community college district in a faculty position. (Amended by Stats. 1990, Ch. 1302, Sec. 70. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87463. Source version: id_ff31ed12-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Any community college faculty member who instructs in a four-year state institution of higher education maintained on the campus of the community college pursuant to contracts entered into between the Trustees of the California State University and the district, shall, without regard to subject or grade taught, whether of community college level or higher, acquire and retain all rights to employment in the district the same as though the employee were teaching exclusively in a community college of the district. However, nothing in this section shall be construed to prevent the employee from resigning from employment in the district pursuant to the provisions of Section 87730. (Amended by Stats. 1990, Ch. 1302, Sec. 71. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87464. Source version: id_ff31ed14-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. The division, uniting, unification, or consolidation of any community college district or districts, or any change in district boundaries or organization, shall not affect the classification of academic employees already employed by any district affected. These employees shall have the same status with respect to their classification by the district, including time served as contract employees of the district after the division, uniting, unification, or consolidation, or change in district boundaries or organization as they had prior thereto. If the division, uniting, unification, or consolidation, or change in district boundaries or organization results in the college or other place in which any such employee is employed being maintained by another district, the employee, if a regular employee of the district that formerly maintained the college or other place of employment, shall be employed as a regular employee of the district which thereafter maintains the college or other place of employment, unless the employee elects to continue in the employ of the first district. If the employee is a contract employee of the district that formerly maintained the college or other place of employment, he or she shall be employed by the district which thereafter maintains the college or other place of employment, unless the contract employee is terminated by the district pursuant to Article 2 (commencing with Section 87600). If not so terminated, his or her status with respect to classification by the district shall be the same as it would have been had the college or other place of employment continued to be maintained by the district that formerly maintained it. As used in this paragraph, “the college or other place in which any employee is employed” and all references thereto, includes, but is not limited to, the college services or college program which, as a result of any division, uniting, unification, or consolidation of a district, will be provided by another district, irrespective of whether any particular building or buildings in which the service or program was conducted is physically located in the new district and irrespective of whether any new district resulting from the division elects to provide for the education of its students by contracting with another community college district until the time that the new district constructs its own facilities. As used in this section, “any change in district boundaries or organization” includes, but is not limited to, the formation of a community college district. (Amended by Stats. 1995, Ch. 758, Sec. 150. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87467. Source version: id_ff31ed16-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. The retirement of any employee of a community college district under the provisions of any retirement law shall automatically effect the dismissal of the employee from the employ of the district at the end of the current school year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87468. Source version: id_ff3373b8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. A contract employee who, in any one college year, has served for at least 75 percent of the number of days the regular schools of the district in which he or she is employed are maintained shall be deemed to have served a complete college year. In case of evening schools, 75 percent of the number of days the evening schools of the district are in session shall be deemed a complete college year. (Amended by Stats. 1995, Ch. 758, Sec. 151. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87469. Source version: id_ff3373ba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Notwithstanding Section 87468, a contract employee employed by a community college district who, in any college year consisting of two semesters or three quarters, has served more than 75 percent of the number of hours considered as a full-time assignment for regular employees having similar duties in the community colleges of the district in which he or she is employed, shall be deemed to have served a complete college year. (Amended by Stats. 1995, Ch. 758, Sec. 152. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87470. Source version: id_ff3373bc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) (1) The governing board of a community college district may employ academic employees, including educational administrators, in programs and projects to perform services conducted under contract with public or private agencies, or other categorically funded projects of indeterminate duration under terms and conditions mutually agreed upon by the employee and the governing board. The agreement shall be reduced to writing. (2) Service pursuant to this section shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee of a community college district unless both of the following occur: (A) The person has served as a faculty member pursuant to this section for at least 75 percent of the number of days in regular schools of the district by which he or she is employed are maintained. (B) The person is subsequently employed as a contract employee in a faculty position. (3) Persons may be employed for periods that are less than a full college year, and may be terminated at the expiration of the contract or specially funded project without regard to other requirements of this code respecting the termination of contract or regular employees. (b) This section shall not be construed to apply to any faculty member who has been employed in the regular educational programs of the district as a contract employee before being subsequently assigned to any one of these programs, nor shall it apply to those employees employed in programs operated pursuant to, or funded pursuant to, Article 8 (commencing with Section 69640) of Chapter 2 of Part 42, or Section 84850. (c) Notwithstanding any other provision of law, upon termination or expiration of employment under this section, a person employed as an educational administrator shall not be entitled to the rights set forth in Section 87458 unless those rights are provided pursuant to his or her contract of employment. (Amended by Stats. 2001, Ch. 144, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87471. Source version: id_ff3373be-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Service by a person as an instructor in classes conducted at regional occupational centers or programs, as authorized pursuant to Section 52301, shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee of a community college district. This section shall not be construed to apply to any faculty member who has been employed to instruct in the regular educational programs of the district and subsequently assigned as an instructor in regional occupational centers or programs, nor shall it affect the status of regional occupational center instructors classified as regular or contract at the time this section becomes effective. (Amended by Stats. 1990, Ch. 1302, Sec. 74. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87473. Source version: id_ff34fa60-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Service under a credential authorizing service only as an instructor of basic military drill in community college cadet companies established under Chapter 1 (commencing with Section 500) of Part 2 of Division 2 of the Military and Veterans Code shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee of a community college district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87474. Source version: id_ff34fa62-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) Nothing in this code shall be construed as permitting a faculty member to acquire regular classification with respect to employment in either of the following: (1) A summer term maintained by a community college district. (2) An intersession term maintained by a community college district, if the exclusion of the intersession term is in accordance with a collective bargaining agreement applicable to that employee. (b) Service in connection with the employment referenced in subdivision (a) shall not be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a regular employee of the district. (c) The Legislature finds and declares that this section does not constitute a change in, but is declaratory of, the preexisting law. (Amended by Stats. 2002, Ch. 85, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87475. Source version: id_ff34fa64-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. If an employee of a community college district has served as a contract employee of the district in a faculty position, for one complete school year, and in the year immediately preceding the service as contract employee has served as a temporary faculty member for at least 75 percent of the number of days the regular schools of the district were maintained, the governing board of the district may count the year of employment as a temporary employee as one year of the probationary period which he or she is required by law to serve as a condition to being classified as a regular employee of the district. (Amended by Stats. 1990, Ch. 1302, Sec. 77. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87477. Source version: id_ff34fa66-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Governing boards of community college districts shall classify as contract employees, those faculty members who have not been classified as regular employees or as temporary employees. The classification shall be made at the time of employment and thereafter in the month of July of each school year. At the time of initial employment during each academic year, each new faculty member shall receive a written statement indicating his or her employment status and the salary that he or she is to be paid. If a community college district hires a faculty member as a temporary employee, the written statement shall clearly indicate the temporary nature of the employment and the length of time for which the person is being employed. If a written statement does not indicate the temporary nature of the employment, the faculty member shall be deemed to be a contract employee of the community college district, unless employed with regular status. (Amended by Stats. 1990, Ch. 1302, Sec. 79. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87478. Source version: id_ff34fa68-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Except as provided in Sections 87481 and 87482, governing boards of community college districts shall classify faculty employed to fill positions of regularly employed persons absent from service as temporary employees. After September 1 of any school year, the governing board of a community college district may employ, for the remainder of the school year, in temporary status any otherwise qualified person who consents to be so employed in a position for which no regular employee is available, including persons retired for service under the State Teachers’ Retirement System. Inability to acquire the services of a qualified regular employee shall be demonstrated to the satisfaction of the board of governors. Any person employed for one complete school year as a temporary employee shall, if reemployed for the following school year in a faculty position, be classified by the governing board as a contract employee and the previous year’s employment as a temporary employee shall be deemed a year of employment as a contract employee for purposes of acquiring regular status. (Amended by Stats. 1990, Ch. 1302, Sec. 80. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87480. Source version: id_ff36810a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Governing boards of community college districts shall classify as temporary employees faculty members, who are employed to serve from day to day during the first three school months of any school term to instruct temporary classes not to exist after the first three school months of any school term or to perform any other duties which do not last longer than the first three school months of any school term, or to instruct in special day and evening classes for adults or in schools of migratory population for not more than four school months of any school term. If the classes or duties continue beyond the first three school months of any school term or four school months for special day and evening classes for adults, or schools for migratory population, the employee, unless a regular employee, shall be classified as a contract employee. The school year may be divided into not more than two school terms for the purposes of this section. In any district, the governing board may, to prevent the stoppage of district business when an actual emergency arises and persons are not immediately available for contract classification, make an appointment to a position on a temporary basis for a period not to exceed 20 working days. The person so appointed shall be deemed to be a temporary employee who is employed to serve from day to day. Service by a person in such an appointment on a temporary basis shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee of a community college district. (Amended by Stats. 1990, Ch. 1302, Sec. 81. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87481. Source version: id_ff36810c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Notwithstanding the provisions of Sections 87478 and 87480, the governing board of a community college district may employ any qualified individual as a temporary faculty member for a complete school year, but not less than one semester or quarter during a school year unless the date of rendering first paid service begins during the second semester or third quarter and prior to March 15th. The employment of these persons shall be based upon the need for additional faculty during a particular semester, quarter, or year because a faculty member has been granted leave for a semester, quarter, or year, or is experiencing long-term illness, and shall be limited, in number of persons so employed, to that need, as determined by the governing board. Any person employed for one complete school year as a temporary employee shall, if reemployed for the following school year in a vacant faculty position, be classified by the governing board as a contract employee and the previous year’s employment as a temporary employee shall be deemed a year of employment as a contract employee for purposes of acquiring permanent status. For purposes of this section “vacant position” means a position in which the employee is qualified to serve and which is not filled by a regular or contract employee. It shall not include a position which would be filled by a regular or contract employee except for the fact that such employee is on leave. (Amended by Stats. 1990, Ch. 1302, Sec. 82. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87482. Source version: id_718fc220-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) (1) Notwithstanding Section 87480, the governing board of a community college district may employ a qualified individual as a temporary faculty member for a complete academic year, but not less than a complete semester or quarter during an academic year. The employment of those persons shall be based upon the need for additional faculty during a particular semester or quarter because of the higher enrollment of students during that semester or quarter as compared to the other semester or quarter in the academic year, or because a faculty member has been granted leave for a semester, quarter, or academic year, or is experiencing long-term illness, and shall be limited, in number of persons so employed, to that need, as determined by the governing board of the community college district. (2) Employment of a person under this subdivision may be pursuant to a contract fixing a salary for the entire semester or quarter. (b) A person, other than a person serving as clinical nursing faculty and exempted from this subdivision pursuant to paragraph (1) of subdivision (c), shall not be employed by a single community college district under this section for more than two semesters or three quarters within any period of three consecutive academic years. (c) (1) Notwithstanding subdivision (b), a person serving as full-time clinical nursing faculty or as part-time clinical nursing faculty teaching the hours per week described in Section 87482.5 may be employed by a single community college district under this section for up to four semesters or six quarters within any period of three consecutive academic years. (2) A community college district that employs faculty pursuant to this subdivision shall provide data to the chancellor’s office as to the number of faculty members hired under this subdivision, and what the ratio of full-time to part-time faculty was for each of the three academic years before the hiring of faculty under this subdivision and for each academic year for which faculty is hired under this subdivision. This data shall be submitted, in writing, to the chancellor’s office on or before June 30 of each year. (3) (A) The chancellor shall report, in writing, to the Legislature and the Governor on or before September 30 of each year, except as provided in subparagraph (B), and in accordance with data received pursuant to paragraph (2), the number of community college districts that hired faculty under this subdivision, the number of faculty members hired under this subdivision, and what the ratio of full-time to part-time faculty was for these community college districts in each of the three academic years before the operation of this subdivision and for each academic year for which faculty is hired under this subdivision. (B) Beginning in the 2025–26 fiscal year, the chancellor shall submit biennially, on or before March 1, the report described in subparagraph (A) to the Legislature and the Governor, and may submit this report with the report required by subdivision (a) of Section 88826.5. (4) A community college district may not employ a person pursuant to this subdivision if the hiring of that person results in an increase in the ratio of part-time to full-time nursing faculty in that district. (Amended by Stats. 2024, Ch. 998, Sec. 27. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87482.3. Source version: id_f810794c-ca37-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) (1) As a condition of receiving funds allocated for the Student Success and Support Program in the annual Budget Act, on or after July 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. (2) It is the intent of the Legislature that both of the following shall occur: (A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty. (B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following: (I) The length of time part-time, temporary faculty have served at the community college or district. (II) The number of courses part-time, temporary faculty have taught at the community college or district. (III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success. (IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services. (ii) Additional standards may be considered and established through the negotiation process, as necessary. (iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following: (I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments. (II) Evaluating part-time, temporary faculty. (b) As a condition of receiving funds allocated for the Student Success and Support Program in the annual Budget Act and except as provided in subdivision (d), a community college district described in paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith all of the following: (1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards up to the range of 60 to 67 percent of a full-time equivalent load. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2). (2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663. (c) A community college district that has a collective bargaining agreement in effect as of July 1, 2017, that has satisfied the requirements of subdivision (b), and that executes a signed written agreement with the exclusive representative of the part-time, temporary faculty acknowledging implementation of subdivision (b), shall be deemed to be in compliance with this section while the bargaining agreement is in effect. (d) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member. (Amended (as added by Stats. 2016, Ch. 877) by Stats. 2016, Ch. 891, Sec. 1. (SB 1379) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87482.4. Source version: id_ff368110-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) The Legislature finds and declares that, in the state’s community college system, teaching constitutes a greater share of the faculty workload, as compared to the California State University or the University of California systems. California’s community college system requires that a faculty member hold, as a basic qualification, a master’s degree. Furthermore, the community college system uses a different professional review process, as compared to the California State University or the University of California systems. (b) The California Postsecondary Education Commission shall conduct a comprehensive study of the California Community College system’s part-time faculty employment, salary, and compensation patterns as they relate to full-time community college faculty with similar education credentials and work experience. The study shall include a representative sample of urban, rural, and suburban community colleges in California and shall also refer to similarly situated community colleges in other states. (c) The study specified in subdivision (b) shall include, but not necessarily be limited to, the addressing of policy options available to achieve pay equity between community college part-time faculty and full-time faculty and shall also include both of the following: (1) A quantitative analysis examining duties and tasks of part-time faculty as compared to full-time faculty. The duties and tasks examined shall include classroom teaching, preparation, office hours, recordkeeping, student evaluations, recommendations, and other professional practices that compare the similarities and differences between a part-time and full-time faculty position. This quantitative analysis shall also include both of the following: (A) An examination of whether part-time faculty salaries vary significantly among community colleges and the factors that are associated with any salary differential. (B) Data concerning the salary compensation pattern for part-time community college faculty in California and in similarly situated community colleges in other states, and the disparity between part-time and full-time compensation for the equivalent education and experience. (2) An identification of specific policy and fiscal recommendations that would enable the California Community Colleges to achieve a compensation schedule that achieves pay equity for part-time faculty. (d) The California Postsecondary Education Commission shall, in conducting the study required by this section, consult various representatives of the education community, including the Board of Governors of the California Community Colleges, community college faculty groups, and other interested parties. (e) Notwithstanding Section 7550.5 of the Government Code, the California Postsecondary Education Commission shall release the preliminary findings of the study required by this section to the Legislature and the Governor, on or before March 31, 2000, and shall transmit the study to the Legislature and the Governor on or before July 1, 2000. (f) It is the intent of the Legislature that funding for conducting the study required by this section shall be made available through an appropriation, either in future legislation or in the annual Budget Act, in an amount of up to one hundred fifty thousand dollars ($150,000). (Added by Stats. 1999, Ch. 738, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87482.5. Source version: id_dd5283ba-cb74-11dd-898a-f4578c730531 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 67 percent of the hours per week considered a full-time assignment for regular employees having comparable duties shall be classified as a temporary employee, and shall not become a contract employee under Section 87604. If the provisions of this section are in conflict with the terms of a collective bargaining agreement in effect on or before January 1, 2009, the provisions of this section shall govern the employees subject to that agreement upon the expiration of the agreement. (b) Service as a substitute on a day-to-day basis by persons employed under this section shall not be used for purposes of calculating eligibility for contract or regular status. (c) (1) Service in professional ancillary activities by persons employed under this section, including, but not necessarily limited to, governance, staff development, grant writing, and advising student organizations, shall not be used for purposes of calculating eligibility for contract or regular status unless otherwise provided for in a collective bargaining agreement applicable to a person employed under this section. (2) This subdivision may not be construed to affect the requirements of subdivision (d) of Section 84362. (Amended by Stats. 2008, Ch. 84, Sec. 1. Effective January 1, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87482.6. Source version: id_ff3807b4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) Until the provisions of Section 84750 regarding program-based funding are implemented by a standard adopted by the board of governors that establishes the appropriate percentage of hours of credit instruction that should be taught by full-time instructors, the Legislature wishes to recognize and make efforts to address longstanding policy of the board of governors that at least 75 percent of the hours of credit instruction in the California Community Colleges, as a system, should be taught by full-time instructors. To this end, community college districts which have less than 75 percent of their hours of credit instruction taught by full-time instructors shall apply a portion of the program improvement allocation received pursuant to Section 84755 as follows: (1) Districts which, in the prior fiscal year, had between 67 percent and 75 percent of their hours of credit instruction taught by full-time instructors shall apply up to 33 percent of their program improvement allocation as necessary to reach the 75 percent standard. If a district in this category chooses instead not to improve its percentage, the board of governors shall withhold 33 percent of the district’s program improvement allocation. (2) Districts which, in the prior fiscal year, had less than 67 percent of their hours of credit instruction taught by full-time instructors shall apply up to 40 percent of their program improvement allocation as necessary to reach the 75 percent standard. If a district in this category chooses instead not to improve its percentage, the board of governors shall withhold 40 percent of the district’s program improvement allocation. Districts which maintain 75 percent or more of their hours of credit instruction taught by full-time instructors shall otherwise be free to use their program improvement allocation for any of the purposes specified in Section 84755. (b) The board of governors shall adopt regulations for the effective administration of this section. Unless and until amended by the board of governors, the regulations shall provide as follows: (1) In computing the percentage of hours of credit instruction taught by full-time instructors, the hours of overload teaching by full-time instructors shall be excluded from both the total hours of credit instruction taught by full-time and part-time instructors and the total hours of instruction taught by full-time instructors. (2) A full-time instructor shall be defined as any regular and contract faculty member teaching credit instruction. (3) The chancellor shall compute and report to each community college district the number of full-time faculty (FTF) which are to be secured through the use of the prescribed portion of program improvement revenue allocated to each district. This computation shall be made by dividing the applicable portion of program improvement revenue (0 percent, 33 percent, or 40 percent of the program improvement allocation), by the statewide average “replacement cost” (a figure which represents the statewide average faculty salary plus benefits, minus the statewide average hourly rate of compensation for part-time instructors times the statewide average full-time teaching load). If the quotient is not a whole number, then the quotient shall be rounded down to the nearest whole number. If this quotient, once applied, will result in the district exceeding the 75 percent standard, the chancellor shall further reduce the quotient to a whole number that will leave the district as close as possible to, but in excess of, the 75 percent standard. By March 15th of each year, the chancellor shall report to each district an estimate of the number of FTF to be secured based upon the appropriation of revenues contained in the annual Budget Bill. (4) On or before December 31, 1991, the chancellor shall determine the extent to which each district, by September 30, 1991, has hired the number of FTF determined pursuant to paragraph (3) for the 1989–90 and 1990–91 fiscal years. To the extent that the cumulative number of FTF have not been retained, the chancellor shall reduce the district’s base budget for 1991–92 and subsequent fiscal years by an amount equivalent to the average replacement cost times the deficiency in the number of FTF. (Added by Stats. 1988, Ch. 973, Sec. 35.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87482.7. Source version: id_ff3807b6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) The board of governors shall, pursuant to paragraph (6) of subdivision (b) of Section 70901, adopt regulations that establish minimum standards regarding the percentage of hours of credit instruction that shall be taught by full-time instructors. (b) Upon notification by the board of governors, the Department of Finance shall transfer any money deducted from district apportionments pursuant to the regulations adopted under this section. This money shall be transferred to the Employment Opportunity Fund pursuant to Section 87107. (Amended by Stats. 2002, Ch. 1169, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87482.8. Source version: id_33be5e7c-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Whenever possible: (a) Part-time faculty should be informed of assignments at least six weeks in advance. (b) Part-time faculty should be paid for the first week of an assignment when class is canceled less than two weeks before the beginning of a semester. If a class meets more than once per week, part-time faculty should be paid for all classes that were scheduled for that week. (c) The names of part-time faculty, once they are assigned to a course, should be listed in the schedule of classes rather than just described as “staff” or “faculty.” (d) The names of part-time faculty, once they are assigned to a course, should be listed in the course schedule provided to students, faculty, and staff, rather than just described as “staff” or “faculty.” (e) Part-time faculty should be considered to be an integral part of their departments and given all the rights normally afforded to full-time faculty in the areas of book selection, participation in department activities, and the use of college resources, including, but not limited to, telephones, copy machines, supplies, office space, mailboxes, clerical staff, library, and professional development. (Amended by Stats. 2024, Ch. 418, Sec. 1. (AB 2834) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87482.9. Source version: id_ff3807ba-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. This section applies only to temporary and part-time faculty within the meaning of Section 87482.5. The issue of earning and retaining of annual reappointment rights shall be a mandatory subject of negotiation with respect to the collective bargaining process relating to any new or successor contract between community college districts and temporary or part-time faculty occurring on or after January 1, 2002. (Added by Stats. 2001, Ch. 850, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87483. Source version: id_565a395a-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Notwithstanding any other provision, the governing board of a community college district may establish regulations that allow academic employees to reduce their workload from full-time to part-time duties. The regulations shall include, but shall not be limited to, the following if the employees wish to reduce their workload and maintain retirement benefits pursuant to Section 22713 of this code or Section 20900 of the Government Code: (a) For employees subject to coverage under the Defined Benefit Program under the State Teachers’ Retirement Plan, the regulations shall include all requirements for participation in the reduced workload program pursuant to Section 22713. (b) For employees subject to coverage under the Public Employees’ Retirement System: (1) The employee shall have reached the age of 55 prior to reduction in workload. (2) The employee shall have been employed full time in an academic position or a position requiring certification qualifications, or both, for at least 10 years of which the immediately preceding five years were full-time employment. (3) During the period immediately preceding a request for a reduction in workload, the employee shall have been employed full time in an academic position or a position requiring certification qualifications, or both, for a total of at least five years without a break in service. For purposes of this subdivision, sabbaticals and other approved leaves of absence shall not constitute a break in service. Time spent on a sabbatical or other approved leave of absence shall not be used in computing the five-year full-time service requirement prescribed by this subdivision. (4) The option of part-time employment shall be exercised at the request of the employee and can be revoked only with the mutual consent of the employer and the employee. (5) The minimum part-time employment shall be the equivalent of one-half of the number of days of service required by the employee’s contract of employment during his or her final year of service in a full-time position. (6) The period of this part-time employment shall not exceed five years. (7) The period of part-time employment shall not extend beyond the end of the college year during which the employee reaches his or her 70th birthday. (c) (1) The employee shall be paid a salary that is the pro rata share of the salary he or she would be earning had he or she not elected to exercise the option of part-time employment but shall retain all other rights and benefits for which he or she makes the payments that would be required if he or she remained in full-time employment. (2) The employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time employee. (Amended by Stats. 2017, Ch. 298, Sec. 30. (AB 1325) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87484. Source version: id_ff398e5e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) In the event a regular employee of a community college district has tenure as a full-time regular employee of the district, any assignment or employment of such employee in addition to his or her full-time regular assignment may be terminated by the governing board of the district at any time. (b) Any assignment or employment of a contract employee in addition to his or her full-time assignment may be terminated by the governing board of the district at any time. (Amended by Stats. 1981, Ch. 470, Sec. 372.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87485. Source version: id_ff398e60-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Except as provided in Section 87744, any contract or agreement, express or implied, made by any employee to waive the benefits of this chapter or any part thereof is null and void. Notwithstanding provisions of this or any other section of this code, governing boards of community college districts may employ persons in academic positions on less than a full-time basis. (Amended by Stats. 1990, Ch. 1302, Sec. 85. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87486. Source version: id_ff398e62-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. The governing board of any community college district may employ or engage as an independent contractor a suitably skilled person to serve as limited-term or part-time reader assistant in connection with instruction in composition and writing, and in mathematics, to faculty. Any person employed as a reader shall not be deemed to be employed in a faculty position, and, unless otherwise determined by the governing board, shall not be subject to the provisions of Chapter 4 (commencing with Section 88000) of Part 51 of this division. The governing board may pay hourly or unit compensation rates as it deems proper for the services rendered. It is the intent of the Legislature in enacting this section not to authorize an increase in the number of students who may be assigned to any class, but to provide an opportunity for improvement in the quality of student writing and mathematics abilities through more frequent assignments of compositions and more work in mathematics made possible by the employment of suitably trained persons to assist the instructor in the careful marking and analysis of the students’ work. Furthermore, the means adopted for employing persons as reader assistants is not intended as an encroachment upon the merit system of public employment, but is adopted as the most practical arrangement, since most work of such nature will be done as part-time work and in the home. (Amended by Stats. 1990, Ch. 1302, Sec. 86. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87487. Source version: id_ff3b1504-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) The governing board of any community college district may establish a faculty internship program pursuant to regulations adopted by the board of governors and may employ, as faculty interns within the program, graduate students enrolled in the California State University, the University of California, or any other accredited institution of higher education, or, in vocational and technical fields where a master’s degree is not generally expected or available, persons who are within one year of meeting the regular faculty minimum qualifications. Persons who meet the regular faculty minimum qualifications, but who lack teaching experience, may also be included in internship programs authorized by this section to the extent authorized by the board of governors. (b) A student employed as a faculty intern shall be employed as a temporary faculty member under Section 87482.5 and shall meet the minimum qualifications for faculty interns set by the board of governors. The board of governors shall adopt regulations to implement faculty intern programs, including requirements for mentoring of each intern. (Amended by Stats. 1995, Ch. 758, Sec. 155. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87488. Source version: id_ff3b1506-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. Whenever the governing board of a community college district, by formal action, determines that because of impending curtailment of or changes in the manner of performing services, the best interests of the district would be served by encouraging the retirement of academic employees and that the retirement will result in a net savings to the district, an additional two years of service shall be credited under the Defined Benefit Program of the State Teachers’ Retirement Plan to an academic employee pursuant to Section 22714 if all of the conditions set forth in that section are satisfied. (Amended by Stats. 2003, Ch. 313, Sec. 16. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 1. General Provisions [87400 - 87489] SECTION 87489. Source version: id_00371c92-3b31-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=1. (a) For purposes of this section, the following terms have the following meanings: (1) “Faculty employees” means full-time and temporary community college faculty members. (2) “Employment certification form” means the form used by the United States Department of Education to certify an individual’s employment at a public service organization for the purposes of the Public Service Loan Forgiveness Program. (3) “Public Service Loan Forgiveness Program” means the federal loan forgiveness program established pursuant to Section 685.219 of Title 34 of the Code of Federal Regulations. (b) (1) The chancellor’s office shall develop materials designed to increase awareness of the Public Service Loan Forgiveness Program, including at least all of the following: (A) A one-page form letter, for use by community college districts to notify faculty employees who may be eligible for the Public Service Loan Forgiveness Program, that briefly summarizes the program, provides information on what an eligible faculty employee is required to do in order to participate, and recommends that the faculty employee contact the faculty employee’s loan servicer or servicers for additional information. (B) A detailed fact sheet describing the Public Service Loan Forgiveness Program. (C) A document containing answers to frequently asked questions about the Public Service Loan Forgiveness Program. (2) The chancellor’s office shall provide the materials described in paragraph (1) to each community college district for distribution to faculty employees. (c) (1) A community college district shall annually provide to all faculty employees the materials described in subdivision (b) in written or electronic form. (2) In addition to the materials provided annually pursuant to paragraph (1), a community college district shall provide a newly hired faculty employee with those same materials within 30 days of the faculty employee’s first day of employment by mail, by electronic mail, or during an in-person new employee orientation. (d) (1) A community college district shall annually provide a faculty employee who is enrolled in the Public Service Loan Forgiveness Program with notice of renewal and a copy of the employment certification form, with the employer portion of the form already completed. (2) A community college district shall not unreasonably delay in completing the employer portion of the employment certification form. (e) (1) For the purpose of qualifying for the Public Service Loan Forgiveness Program, a community college district shall, in completing the employer portion of the employment certification form, credit a faculty employee with at least 3.35 hours worked for each hour of lecture or classroom time. This paragraph does not supersede any higher adjustment factor established by a collective bargaining agreement or employer policy in recognition of the amount of out-of-class work that is associated with instruction, including, but not limited to, performance of office hours. (2) A community college district shall, in completing the employer portion of the employment certification form, credit a faculty employee with noninstructional assignments hour for hour with no adjustment factor. (Amended by Stats. 2020, Ch. 370, Sec. 103. (SB 1371) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] SECTION 87880. Source version: id_ff65ce9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=10. The Legislature finds and declares that community college part-time faculty are required to fulfill the same teaching responsibilities as full-time faculty although students have little or no access to part-time faculty members outside of the classroom. It is the intent of the Legislature that students have the same opportunity for academic assistance and guidance without regard to whether a course at a community college is taught by a full-time or a part-time faculty member. It is the further intent of the Legislature that community college part-time faculty teaching a minimum number of courses be compensated for providing academic counseling and assistance to students outside of the classroom. (Added by Stats. 1997, Ch. 933, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] SECTION 87881. Source version: id_ff65ce9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=10. There is hereby established the Community College Part-Time Faculty Office Hours Program for the purpose of providing community college students equal access to academic advice and assistance and to encourage community college districts to provide opportunities by compensating part-time faculty who hold office hours related to their teaching load. (Added by Stats. 1997, Ch. 933, Sec. 1. Effective January 1, 1998.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] SECTION 87882. Source version: id_0e2b093d-f54a-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=10. For purposes of this article, “part-time faculty” means any person who is employed to teach for not more than the hours per week described in Section 87482.5. (Amended by Stats. 2009, Ch. 187, Sec. 9. (SB 511) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] SECTION 87883. Source version: id_ff65cea0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=10. (a) The governing board of a community college district may provide compensation for office hours to part-time faculty. (b) The compensation paid to part-time faculty under this article shall equal at least one paid office hour for every two classes or more taught each week or 40 percent of a full-time load as defined by the community college district. (c) Nothing in this section precludes compensation under this program for paid office time for each 20 percent of a full-time load, or fraction thereof, as defined by the community college district. (d) The change made to subdivision (c) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of that change in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund that change for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section. (Amended by Stats. 1999, Ch. 738, Sec. 6. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] SECTION 87884. Source version: id_eab18039-3188-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=10. (a) The governing board of each community college district that establishes a program pursuant to this article shall negotiate with the exclusive bargaining representative, or in instances where there is no bargaining unit shall meet and confer with the faculty, to establish a program to provide part-time faculty office hours. (b) Any hours negotiated under this program shall not be applied toward the maximum percentage-of-hours limitation for part-time faculty as specified in Section 87882. These hours shall not be counted towards the hours per week of teaching adult or community college classes for purposes of acquiring eligibility for tenure or for purposes of fulfilling any probationary hour requirements. (c) On or before June 1 of each year, each community college district participating in the program shall send a verification to the Chancellor of the California Community Colleges specifying the total costs of the compensation paid for office hours of part-time faculty participating in the program. (d) Any changes made by this section to the Community College Part-Time Faculty Office Hours Program shall not affect any part-time faculty office hours program in effect on January 1, 2000. (Amended by Stats. 2011, Ch. 349, Sec. 11. (SB 940) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] SECTION 87885. Source version: id_f56d77c1-3e37-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=10. (a) The Part-Time Faculty Office Hours Program Fund is hereby established in the State Treasury. (b) On or before June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount of up to 90 percent of the total costs of compensation paid for office hours of part-time faculty, as defined in Section 87882. The chancellor shall distribute funds that are appropriated in the annual Budget Act specifically for this purpose proportionally based on each district’s total costs for office hours of part-time faculty pursuant to the verification submitted by the community college district in accordance with subdivision (c) of Section 87884 for that fiscal year. In no event, however, shall the allocation to any district in a fiscal year exceed 90 percent of the total costs of the compensation paid for office hours of part-time faculty pursuant to this article. (c) It is the intent of the Legislature that funding for the purposes of this article be included in the annual Budget Act. (d) This section shall become operative on July 1, 2024. (Repealed (in Sec. 8) and added by Stats. 2024, Ch. 71, Sec. 9. (SB 155) Effective July 2, 2024. Operative July 1, 2024, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] SECTION 87890. Source version: id_16a13a43-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=11. As used in this article, the following definitions apply: (a) “Faculty diversity” means the representation of faculty members from different racial, ethnic, gender, and disability groups, and other underrepresented groups. (b) “Full-time faculty” means a faculty member who is employed by a community college on a full-time basis and teaches more than a 67-percent load. (c) “FTES” means full-time equivalent students. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] SECTION 87891. Source version: id_16a13a45-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=11. (a) Each community college district shall report on or before March 31, 2024, and each March 31 thereafter, to the office of the Chancellor of the California Community Colleges on its progress in increasing the percentage of instruction by full-time faculty and in increasing faculty diversity. (b) The report shall include the number of full-time faculty positions filled and maintained with the funds allocated for that purpose in the prior fiscal year, the percentage of the funds used in the prior fiscal year, and the cumulative total of the funds used and unused. (c) The report shall also include, but is not limited to, all of the following: (1) The number and percentage of instruction taught by full-time faculty as measured by the regulatory definition and calculation of full-time equivalent faculty. (2) The number of units and FTES and percentage of units and FTES taught by full-time faculty. (3) The number and percentage breakdown of full-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories. (4) The number and percentage breakdown of part-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories. (5) The number and percentage breakdown of part-time faculty who have applied for or been offered full-time positions. (6) The number and percentage breakdown of faculty who have left or retired from their positions. (7) The number and percentage breakdown of full-time faculty on release, sabbatical, or paid leave. (8) The number of classroom student interaction hours taught by full-time faculty each week as part of their contractual load. (9) The strategies and actions taken by the community college district to address challenges and barriers faced by the community college district in increasing full-time faculty and faculty diversity in support of student success and completion. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] SECTION 87892. Source version: id_16a13a47-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=11. (a) The office of the Chancellor of the California Community Colleges shall, on or before May 30, 2024, and each May 30 thereafter, synthesize the information received from community college districts pursuant to Section 87891 into a systemwide report to be posted on a public internet website. (b) The report shall be submitted in a format prescribed by the chancellor’s office that ensures consistency, accuracy, and comparability of the information across community college districts. (c) The report shall include, at a minimum, the following information for each community college district: (1) The number of full-time faculty positions filled and maintained with the funds allocated for that purpose in the prior fiscal year. (2) The amount and percentage of the funds used in the prior fiscal year. (3) The cumulative total of the funds used and unused. (4) The number and percentage of instruction taught by full-time faculty as measured by the regulatory definition and calculation of full-time equivalent faculty. (5) The number of units and FTES and percentage of units and FTES taught by full-time faculty. (6) The number and percentage breakdown of full-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories. (7) The number and percentage breakdown of part-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories. (8) The number and percentage breakdown of part-time faculty who have applied for or been offered full-time positions. (9) The number and percentage breakdown of faculty who have left or retired from their positions. (10) The number and percentage breakdown of full-time faculty on release, sabbatical, or paid leave. (11) The number of classroom student interaction hours taught by full-time faculty each week as part of their contractual load. (12) The strategies and actions taken by the community college district to address challenges and barriers faced by the community college district in increasing full-time faculty and faculty diversity in support of student success and completion. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] SECTION 87893. Source version: id_16a13a49-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=11. (a) The office of the Chancellor of the California Community Colleges shall establish and implement a policy verifying that community districts are using full-time faculty funding appropriated in Item 6870-101-0001 of Section 2.00 of the annual Budget Act for the designated purposes and in accordance with applicable laws and regulations. (b) The policy shall include, at a minimum, all of the following methods: (1) Require community college districts to submit evidence of fund expenditure, including the number of full-time faculty positions filled and maintained with the funds allocated for that purpose. (2) Provide technical assistance and guidance to community college districts on best practices and compliance requirements. (3) Report any findings of misuse, waste, fraud, or abuse of funds and take corrective actions, as necessary. (c) The Legislature shall be informed of any community college district that fails to comply with this article and each failing community college district shall be subject to notice at a meeting of the Board of Governors of the California Community Colleges. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] SECTION 87894. Source version: id_16a13a4b-2196-11ee-9817-910718e6f9c7 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=11. This article shall only apply to a community college district as a condition of receiving funds for the purpose of hiring new full-time faculty appropriated in Item 6870-101-0001 of Section 2.00 of the annual Budget Act. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87600. Source version: id_ff3c9bac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. The provisions of this article govern the employment of persons by a district to serve in faculty positions and establish certain rights for these employees. Other provisions of the law which govern the employment of community college faculty or establish rights and responsibilities for these persons shall be applied to persons employed by community college districts in a manner consistent with the provisions of this article. (Amended by Stats. 1990, Ch. 1302, Sec. 90. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87601. Source version: id_ff3c9bae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. For the purposes of this article: (a) “Academic year” means that period between the first day of a fall semester or quarter and the last day of the following spring semester or quarter, excluding any intersession term that has been excluded pursuant to an applicable collective bargaining agreement. (b) “Contract employee” means an employee of a district who is employed on the basis of a contract in accordance with Section 87605, subdivision (b) of Section 87608, or subdivision (b) of Section 87608.5. (c) “District” means a community college district. (d) “Positions requiring certification qualifications” are those positions which provide the services for which certifications have been established in this code. (e) “Regular employee” means an employee of a district who is employed in accordance with subdivision (c) of Section 87608, subdivision (c) of Section 87608.5, or Section 87609. (Amended by Stats. 2002, Ch. 85, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87602. Source version: id_ff3c9bb0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. For the purposes of other provisions of law: (a) A contract employee is a probationary employee. (b) A regular or tenured employee is a permanent employee. (Amended by Stats. 1988, Ch. 973, Sec. 36. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87603. Source version: id_ff3c9bb2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. This article does not apply to the employment of administrators employed by appointment or contract pursuant to Section 72411. (Amended by Stats. 1995, Ch. 758, Sec. 156. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87604. Source version: id_ff3c9bb4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. The governing board of a community college district shall employ each academic employee as a contract employee, regular employee, or temporary employee. (Amended by Stats. 1995, Ch. 758, Sec. 157. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87604.5. Source version: id_3dfb5f0e-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. (a) The governing board of a community college district shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with that district, do all of the following: (1) (A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment. (B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education. (2) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the community college district concerning any substantiated allegations of misconduct in order to permit the community college district to evaluate the released information with respect to the criteria for a potential job placement. (3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require the community college district to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct. (b) A community college district shall not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the community college district has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position. (c) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same employer. (2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing. (3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court. (4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer. (5) “Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations. (6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence. (Amended (as added by Stats. 2023, Ch. 415, Sec. 1) by Stats. 2024, Ch. 673, Sec. 4. (AB 810) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87605. Source version: id_ff3e2256-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. The governing board of a district shall employ faculty for the first academic year of his or her employment by contract. Any person who, at the time an employment contract is offered to him or her by the district, is neither a tenured employee of the district nor a probationary employee then serving under a second or third contract entered into pursuant to Section 87608 shall be deemed to be employed for “the first academic year of his or her employment.” A faculty member shall be deemed to have completed his or her first contract year if he or she provides service for 75 percent of the first academic year. (Repealed and added by Stats. 1988, Ch. 973, Sec. 38. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87606. Source version: id_068ffb7e-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. (a) An employment contract shall contain the terms and conditions that the governing board of the district and the proposed employee agree to and that are consistent with the law. (b) A faculty member may be deemed to have completed the second, third, or fourth contract year, as appropriate, if the faculty member provides service for a percentage of the academic year as is required in an agreement between the governing board of the district and the exclusive bargaining representative of the faculty member. Time spent on paid or unpaid leave of absence may be included in computing service if the faculty member serves sufficient time during the year to allow for the evaluation of the faculty member as required by any negotiated evaluation procedure. For purposes of this subdivision, the paid or unpaid leave of absence may include, but is not limited to, any of the following: (1) Leave for reason of the birth of and bonding with a child or bonding with an adopted or foster child. (2) Leave to care for a parent, spouse, or child with a serious health condition. (3) Leave because of an employee’s own serious health condition. (Amended by Stats. 2014, Ch. 204, Sec. 1. (AB 675) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87607. Source version: id_ff3e225a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. Before making a decision relating to the continued employment of a contract employee, the following requirements shall be satisfied: (a) The employee has been evaluated in accordance with the evaluation standards and procedures established in accordance with the provisions of Article 4 (commencing with Section 87660) of this chapter, a fact determined solely by the governing board. (b) The governing board has received statements of the most recent evaluations. (c) The governing board has received recommendations of the superintendent of the district and, if the employee is employed at a community college, the recommendations of the president of that community college. (d) The governing board has considered the statement of evaluation and the recommendations in a lawful meeting of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87608. Source version: id_ff3e225c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. If a contract employee is working under his or her first contract, the governing board, at its discretion and not subject to judicial review except as expressly provided in Sections 87610.1 and 87611, shall elect one of the following alternatives: (a) Not enter into a contract for the following academic year. (b) Enter into a contract for the following academic year. (c) Employ the contract employee as a regular employee for all subsequent academic years. (Repealed and added by Stats. 1988, Ch. 973, Sec. 40. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87608.5. Source version: id_ff3fa8fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. If a contract employee is working under his or her second contract, the governing board, at its discretion and not subject to judicial review except as expressly provided in Sections 87610.1 and 87611, shall elect one of the following alternatives: (a) Not enter into a contract for the following academic year. (b) Enter into a contract for the following two academic years. (c) Employ the contract employee as a regular employee for all subsequent academic years. (Added by Stats. 1988, Ch. 973, Sec. 41. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87609. Source version: id_ff3fa900-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. If a contract employee is employed under his or her third consecutive contract entered into pursuant to Section 87608.5, the governing board shall elect one of the following alternatives: (a) Employ the probationary employee as a tenured employee for all subsequent academic years. (b) Not employ the probationary employee as a tenured employee. (Repealed and added by Stats. 1988, Ch. 973, Sec. 43. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87610. Source version: id_ff3fa902-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. (a) The governing board shall give written notice of its decision under Section 87608 or 87608.5 and the reasons therefor to the employee on or before March 15 of the academic year covered by the existing contract. The notice shall be by registered or certified mail to the most recent address on file with the district personnel office. Failure to give the notice as required to a contract employee under his or her first or second contract shall be deemed an extension of the existing contract without change for the following academic year. (b) The governing board shall give written notice of its decision under Section 87609 and the reasons therefor to the employee on or before March 15 of the last academic year covered by the existing contract. The notice shall be by registered or certified mail to the most recent address on file with the district personnel office. Failure to give the notice as required to a contract employee under his or her third consecutive contract shall be deemed a decision to employ him or her as a regular employee for all subsequent academic years. (Repealed and added by Stats. 1988, Ch. 973, Sec. 45. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87610.1. Source version: id_ff3fa904-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. (a) In those districts where tenure evaluation procedures are collectively bargained pursuant to Section 3543 of the Government Code, the faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining on these procedures. (b) Allegations that the community college district, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied, any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. Allegations that the community college district in a decision to reappoint a probationary employee violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. If there is no contractual grievance procedure resulting in arbitration, these allegations shall proceed to hearing in accordance with Section 87740. “Arbitration,” as used in this section, refers to advisory arbitration, as well as final and binding arbitration. (c) Any grievance brought pursuant to subdivision (b) may be filed by an employee on his or her behalf, or by the exclusive bargaining representative on behalf of an employee or a group of employees in accordance with Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. The exclusive representative shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be entitled to pursue a matter to arbitration with or without the representation by the exclusive representative. However, if a case proceeds to arbitration without representation by the exclusive representative, the resulting decision shall not be considered a precedent for purposes of interpreting tenure procedures and policies, or the collective bargaining agreement, but instead shall affect only the result in that particular case. When arbitrations are not initiated by the exclusive representative, the district shall require the employee submitting the grievance to file with the arbitrator or another appropriate party designated in the collective bargaining agreement, adequate security to pay the employee’s share of the cost of arbitration. (d) The arbitrator shall be without power to grant tenure, except for failure to give notice on or before March 15 pursuant to subdivision (b) of Section 87610. The arbitrator may issue an appropriate make-whole remedy, which may include, but need not be limited to, backpay and benefits, reemployment in a probationary position, and reconsideration. Procedures for reconsideration of decisions not to grant tenure shall be agreed to by the governing board and the exclusive representative of faculty pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (e) Any employees who are primarily engaged in faculty or other bargaining unit duties, who perform “supervisory” or “management” duties incidental to their performance of primary professional duties shall not be deemed supervisory or managerial employees as those terms are defined in Section 3540.1 of the Government Code, because of those duties. These duties include, but are not limited to, serving on hiring, selection, promotion, evaluation, budget development, and affirmative action committees, and making effective recommendations in connection with these activities. These employees whose duties are substantially similar to those of their fellow bargaining unit members shall not be considered supervisory or management employees. (Amended by Stats. 2000, Ch. 124, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87611. Source version: id_ff412fa6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. A final decision reached following a grievance or hearing conducted pursuant to subdivision (b) of Section 87610.1 shall be subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. (Repealed and added by Stats. 1988, Ch. 973, Sec. 48. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 2. Employment of Faculty [87600 - 87612] SECTION 87612. Source version: id_ff412fa8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=2. Until terminated in accordance with provisions of law, a part-time regular employee shall be assigned, and compensated, for a period of service less than 75 percent of the number of days the colleges of the district are maintained during each academic year. The governing board of the employing district may establish an assignment for any period of days less than 75 percent. At its discretion, the governing board of the employing district may assign and compensate a part-time regular employee for a period of service of 75 percent or more of the number of days the colleges of the district are maintained during each academic year. Such an assignment shall not change the employee’s classification to that of full-time regular employee unless an assignment of this type is made for two consecutive academic years. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 3. Community College Faculty [87620 - 87626] SECTION 87620. Source version: id_ff412fac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=3. The provisions of this article apply to all persons employed as faculty members by a community college district. (Amended by Stats. 1990, Ch. 1302, Sec. 105. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 3. Community College Faculty [87620 - 87626] SECTION 87622. Source version: id_ff412fae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=3. The employment, rights, responsibilities, dismissal, imposition of penalties for persons employed by a community college district in faculty positions shall be governed by Article 2 (commencing with Section 87600), and Article 4 (commencing with Section 87660). The employment of faculty by a community college district shall otherwise be governed as provided by law and in a manner consistent with Articles 2 and 4 and with this article (hereinafter referred to in this article, collectively, as “this act”). This act shall take precedence, for the purposes of community college faculty, over any other act enacted by the Legislature at any session which, explicitly or implicitly, would result in community college faculty being governed by provisions inconsistent with this act. (Amended by Stats. 1995, Ch. 758, Sec. 158. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 3. Community College Faculty [87620 - 87626] SECTION 87623. Source version: id_9f7408bf-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=3. (a) Each academic employee who is subject to accusations of misconduct is entitled to be provided with the general nature of the accusations made against the employee at least two business days before the employee is placed on involuntary paid administrative leave. At least two business days before the employee is placed on involuntary paid administrative leave, the employee shall be notified in writing of the general nature of the allegation or allegations of misconduct upon which the decision to place the employee on involuntary paid administrative leave is based. (b) The requirements of subdivision (a) do not apply in the event of a serious risk of physical danger or other necessity arising from the specific allegations, and the employee may immediately be placed on involuntary paid administrative leave. The employee shall be provided with, at minimum, the general nature of the accusations made against the employee within five business days of the employee being placed on involuntary paid administrative leave. (c) (1) Within 90 working days of placing an academic employee on involuntary paid administrative leave, the employer should complete its investigation of the accused misconduct and initiate disciplinary proceedings against, or reinstate, the employee, unless the period of paid administrative leave is extended by agreement of the employee and employer. The extension may not exceed 30 calendar days. The board of governors may, by regulation, establish a required amount of time in which an employer is expected to comply with this subdivision. (2) For purposes of this subdivision, “working days” means Monday through Friday and does not include weekends and state holidays. (d) For purposes of this section, “paid administrative leave” means a temporary leave from a job assignment, with pay and benefits intact. (e) This section does not supersede the rights of labor organizations or employees pursuant to the Educational Employment Relations Act established in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 29, Sec. 1. (AB 1383) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 3. Community College Faculty [87620 - 87626] SECTION 87626. Source version: id_ff412fb0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=3. Rules and regulations adopted in relation to the evaluation process shall assure that the standards and procedures of the evaluation process in each district will be fair and in accordance with the intent of this act and that the evaluation processes of all of the districts are basically similar in substance and intent. These regulations shall permit and encourage a district governing board to establish evaluation procedures and standards which meet the particular needs of that district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87660. Source version: id_ff42b654-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The provisions of this article govern the evaluation of, the dismissal of, and the imposition of penalties on, community college faculty. Other provisions of this code which govern the evaluation of, dismissal of, and the imposition of penalties on, community college faculty shall be applied to persons employed by a community college district in a manner consistent with the provisions of this article. (Amended by Stats. 1990, Ch. 1302, Sec. 111. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87661. Source version: id_ff42b656-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. For the purposes of this article: (a) “Academic year” means that period between the first day of a fall semester or quarter and the last day of the following spring semester or quarter, excluding any intersession term that has been excluded pursuant to an applicable collective bargaining agreement. (b) “Contract employee” or “probationary employee” means an employee of a district who is employed on the basis of a contract in accordance with Section 87605, subdivision (b) of Section 87608, or subdivision (b) of Section 87608.5. (c) “District” means a community college district. (d) “Regular employee” or “tenured employee” means an employee of a district who is employed in accordance with subdivision (c) of Section 87608, subdivision (c) of Section 87608.5, or Section 87609. (Amended by Stats. 2002, Ch. 85, Sec. 3. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87662. Source version: id_ff42b658-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. Except as provided in Section 72411 and subdivision (i) of Section 87663, the provisions of this article do not apply to administrators employed pursuant to Section 72411. (Amended by Stats. 1990, Ch. 1302, Sec. 113. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87663. Source version: id_ff42b65a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. (a) Contract employees shall be evaluated at least once in each academic year. Regular employees shall be evaluated at least once in every three academic years. Temporary employees shall be evaluated within the first year of employment. Thereafter, evaluation shall be at least once every six regular semesters, or once every nine regular quarters, as applicable. (b) Whenever an evaluation is required of a faculty member by a community college district, the evaluation shall be conducted in accordance with the standards and procedures established by the rules and regulations of the governing board of the employing district. (c) Evaluations shall include, but not be limited to, a peer review process. (d) The peer review process shall be on a departmental or divisional basis, and shall address the forthcoming demographics of California, and the principles of affirmative action. The process shall require that the peers reviewing are both representative of the diversity of California and sensitive to affirmative action concerns, all without compromising quality and excellence in teaching. (e) The Legislature recognizes that faculty evaluation procedures may be negotiated as part of the collective bargaining process. (f) In those districts where faculty evaluation procedures are collectively bargained, the faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining regarding those procedures. (g) It is the intent of the Legislature that faculty evaluation include, to the extent practicable, student evaluation. (h) A probationary faculty member shall be accorded the right to be evaluated under clear, fair, and equitable evaluation procedures locally defined through the collective bargaining process where the faculty has chosen to elect an exclusive representative. Those procedures shall ensure good-faith treatment of the probationary faculty member without according him or her de facto tenure rights. (i) Governing boards shall establish and disseminate written evaluation procedures for administrators. It is the intent of the Legislature that evaluation of administrators include, to the extent possible, faculty evaluation. (Amended (as amended by Stats. 1988, Ch. 973) by Stats. 1990, Ch. 1302, Sec. 114. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87664. Source version: id_ff443cfc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The governing board of each district, in consultation with the faculty, shall adopt rules and regulations establishing the specific procedures for the evaluation of its contract and regular employees on an individual basis and setting forth reasonable but specific standards which it expects its faculty to meet in the performance of their duties. Such procedures and standards shall be uniform for all contract employees of the district with similar general duties and responsibilities and shall be uniform for all regular employees of the district with similar general duties and responsibilities. (Amended by Stats. 1990, Ch. 1302, Sec. 115. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87665. Source version: id_27219d6c-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. (a) Consistent with subdivision (b), the governing board of a community college district may terminate the employment of a temporary employee at its discretion at the end of a day or week, whichever is appropriate. The decision to terminate the employment is not subject to judicial review except as to the time of termination. (b) If the governing board of a community college district terminates the employment of a temporary employee pursuant to subdivision (a), the procedure for terminating the temporary employee shall comply with the provisions of the local collective bargaining agreement that pertain to the termination of a temporary employee. (c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member. (Amended by Stats. 2025, Ch. 288, Sec. 1. (AB 1028) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87666. Source version: id_ff443d00-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. During the school year, all contract and regular employees are subject to dismissal and the imposition of penalties on the grounds and pursuant to procedures set forth in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87667. Source version: id_ff443d02-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. A contract or regular employee may be dismissed or penalized for one or more of the grounds set forth in Section 87732. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87668. Source version: id_ff443d04-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. A governing board may impose one of the following penalties: (a) Suspension for up to one year. (b) Suspension for up to one year and a reduction or loss of compensation during the period of suspension. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87669. Source version: id_ff443d06-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The governing board shall determine whether a contract or regular employee is to be dismissed or penalized. If the employee is to be penalized, the governing board shall determine the nature of those penalties. If the employee is to be dismissed or penalized, the governing board shall determine whether the decision shall be imposed immediately or postponed in accordance with Section 87672. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87670. Source version: id_ff45c3a8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The procedure set forth in this article does not apply to an immediate suspension effected under Section 87736. (Amended by Stats. 1990, Ch. 1302, Sec. 116. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87671. Source version: id_ff45c3aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. A contract or regular employee may be dismissed or penalized if one or more of the grounds set forth in Section 87732 are present and the following are satisfied: (a) The employee has been evaluated in accordance with standards and procedures established in accordance with the provisions of this article. (b) The district governing board has received all statements of evaluation which considered the events for which dismissal or penalties may be imposed. (c) The district governing board has received recommendations of the superintendent of the district and, if the employee is working for a community college, the recommendations of the president of that community college. (d) The district governing board has considered the statements of evaluation and the recommendations in a lawful meeting of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87672. Source version: id_ff45c3ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. If a governing board decides it intends to dismiss or penalize a contract or regular employee, it shall deliver a written statement, duly signed and verified, to the employee setting forth the complete and precise decision of the governing board and the reasons therefor. The written statement shall be delivered by serving it personally on the employee or by mailing it by United States registered mail to the employee at his or her address last known to the district. A governing board may postpone the operative date of a decision to dismiss or impose penalties for a period not to exceed one year, subject to the employee’s satisfying his or her legal responsibilities as determined by statute and rules and regulations of the district. At the end of this period of probation, the decision shall be made operative or permanently set aside by the governing board. (Amended by Stats. 1995, Ch. 758, Sec. 159. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87673. Source version: id_ff45c3ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. If the employee objects to the decision of the governing board, or the reasons therefor, on any ground, the employee shall notify, in writing, the governing board, the superintendent of the district which employs him or her, and the president of the college at which the employee serves of his or her objection within 30 days of the date of the service of the notice. (Amended by Stats. 1995, Ch. 758, Sec. 160. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87674. Source version: id_ff474a50-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. Within 30 days of the receipt by the district governing board of the employee’s demand for a hearing, the employee and the governing board shall agree upon an arbitrator to hear the matter. When there is agreement as to the arbitrator, the employee and the governing board shall enter into the records of the governing board written confirmation of the agreement signed by the employee and an authorized representative of the governing board. Upon entry of such confirmation, the arbitrator shall assume complete and sole jurisdiction over the matter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87675. Source version: id_5e3bfeb6-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The arbitrator shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that the right of discovery of the parties shall not be limited to those matters set forth in Section 11507.6 of the Government Code but shall include the rights and duties of any party in a civil action brought in a superior court under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. In all cases, discovery shall be completed prior to one week before the date set for hearing. The arbitrator shall determine whether there is cause to dismiss or penalize the employee. If the arbitrator finds cause, the arbitrator shall determine whether the employee shall be dismissed, the precise penalty to be imposed, and whether the decision should be imposed immediately or postponed pursuant to Section 87672. No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters that occurred more than four years prior to the date of the filing of the notice. Evidence of records regularly kept by the governing board concerning the employee may be introduced, but no decision relating to the dismissal or suspension of any employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years prior to the filing of the notice. (Amended by Stats. 2004, Ch. 182, Sec. 26. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87676. Source version: id_ff474a54-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. In the case in which the arbitrator determines that the operation of his or her decision should be postponed, any question of terminating the postponement shall be determined by the arbitrator. (Amended by Stats. 1995, Ch. 758, Sec. 162. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87677. Source version: id_ff474a56-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The district alone shall pay the arbitrator’s fees and expenses, and the costs of the proceedings as determined by the arbitrator. The “cost of the proceedings” does not include any expenses paid by the employee for his or her counsel, witnesses, or the preparation or presentation of evidence on his or her behalf. (Amended by Stats. 1995, Ch. 758, Sec. 163. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87678. Source version: id_ff474a58-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. If within 30 days of the receipt of the notification by the district governing board, no written confirmation of agreement of the employee and the governing board as to an arbitrator has been submitted to the secretary of the governing board for entry into its records, the governing board shall certify the matter to the Office of Administrative Hearings and request the appointment of an administrative law judge. (Amended by Stats. 1985, Ch. 324, Sec. 7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87679. Source version: id_5ec41a78-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The administrative law judge shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that the right of discovery of the parties shall not be limited to those matters set forth in Section 11507.6 of the Government Code but shall include the rights and duties of any party in a civil action brought in a superior court under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. In all cases, discovery shall be completed prior to one week before the date set for hearing. The written notice delivered to the employee pursuant to Section 87672 shall be deemed an accusation. The written objection of the employee delivered pursuant to Section 87673 shall be deemed the notice of defense. (Amended by Stats. 2004, Ch. 182, Sec. 27. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87680. Source version: id_ff48d0fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The administrative law judge shall determine whether there is cause to dismiss or penalize the employee. If he or she finds cause, he or she shall determine whether the employee shall be dismissed and determine the precise penalty to be imposed, and shall determine whether his or her decision should be imposed immediately or postponed pursuant to Section 87672. No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters which occurred more than four years prior to the date of the filing of the notice. Evidence of records regularly kept by the governing board concerning the employee may be introduced, but no decision relating to the dismissal or suspension of any employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years prior to the filing of the notice. (Amended by Stats. 1985, Ch. 324, Sec. 9.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87681. Source version: id_ff48d0fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. In the case in which the administrative law judge determines that the operation of his or her decision should be postponed, any question of terminating the postponement shall be brought to the administrative law judge. (Amended by Stats. 1985, Ch. 324, Sec. 10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87682. Source version: id_ff48d100-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The decision of the arbitrator or administrative law judge, as the case may be, may, on petition of either the governing board or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by an administrative law judge under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law. (Amended by Stats. 1985, Ch. 324, Sec. 11.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 4. Evaluations and Discipline [87660 - 87683] SECTION 87683. Source version: id_ff48d102-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=4. The charges levied by the Office of Administrative Hearings shall be paid by the district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 5. Miscellaneous [87700 - 87715] SECTION 87700. Source version: id_ff4a57a6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=5. Every person employed by a community college district as a contract or regular employee in an academic position who enters the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service, created or authorized as such auxiliary by the Congress of the United States of America or by the Legislature of the State of California, or in the service of the United States Merchant Marine, or in full-time paid service of the American Red Cross, during any period of national emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, shall be entitled to absent himself or herself from his or her duties as an employee of the district. Such absence shall not affect in any way the classification of the employee. In the case of a contract employee, the period of the absence shall not count as part of the service required as a condition precedent to the classification of the employee as a regular employee of the district, but such absence shall not be construed as a break in the continuity of the service of the employee for any purpose. The dismissal or termination of any contract employee because of reduced attendance due to war conditions, after his or her entry into the active military service or service in the American Red Cross, shall not deprive him or her of any of the benefits of this section. Within six months after the employee honorably leaves the service or has been placed on inactive duty he or she shall, subject to the provisions of this section, be entitled to return to the position held by him or her at the time of his or her entrance into the service, at the salary to which he or she would have been entitled had he or she not absented himself or herself from the service of the district under this section. If the employee was employed under a lawful contract for a period in excess of one year in a position in which he or she had not become a regular employee of the district, he or she shall be entitled to return to the position for the period his or her contract of employment had to run at the time he or she entered the service. Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such employee shall not have any right to the position following the return of the employee to the position. (Amended by Stats. 1990, Ch. 1302, Sec. 119. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 5. Miscellaneous [87700 - 87715] SECTION 87701. Source version: id_ff4a57a8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=5. Every person employed by a community college district as a permanent employee in an academic position who is elected to the Legislature shall be granted a leave of absence from his or her duties as an employee of the district by the governing board of the district. During the term of the leave of absence, the employee may be employed by the district to perform less than full-time service, for compensation and upon terms and conditions, as may be mutually agreed upon. This absence shall not affect in any way the classification of the employee. Within six months after the term of office of the employee expires, he or she is entitled to return to the position held by him or her at the time of his or her election, at the salary to which he or she would have been entitled had he or she not absented himself or herself from the service of the district under this section. Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such employee shall not have any right to the position following the return of the employee to the position. This section shall apply to any permanent employee who held the office of Member of the Assembly or State Senator on or after January 4, 1965. (Amended by Stats. 1995, Ch. 758, Sec. 164. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 5. Miscellaneous [87700 - 87715] SECTION 87706. Source version: id_ff4a57aa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=5. Notwithstanding any other provision of this code, no community college district, or any officer or employee of such district or board shall be responsible or in any way liable for the conduct or safety of any student of the public schools at any time when such student is not in school property, unless such district has undertaken to provide transportation for such student to and from the school premises, has undertaken a school-sponsored activity off the premises of such school, has otherwise specifically assumed such responsibility or liability or has failed to exercise reasonable care under the circumstances. In the event of such a specific undertaking, the district shall be liable or responsible for the conduct or safety of any student only while such student is or should be under the immediate and direct supervision of an employee of such district or board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 5. Miscellaneous [87700 - 87715] SECTION 87708. Source version: id_ff4a57ac-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=5. (a) Every parent, guardian, or other person who assaults or abuses any academic employee in the presence or hearing of a community college student is guilty of a misdemeanor. (b) Any parent, guardian, or other person who assaults or abuses any academic employee in the presence of other community college personnel or students and at a place which is on community college premises or public sidewalks, streets, or other public ways adjacent to school premises, or at some other place where the employee is required to be in connection with assigned college activities is guilty of a misdemeanor. (Amended by Stats. 1990, Ch. 1302, Sec. 121. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 5. Miscellaneous [87700 - 87715] SECTION 87714. Source version: id_ff4a57ae-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=5. The chief executive officer of each community college district shall, at times as required by the board of governors, provide an affidavit that, during the 12 months preceding the execution of the affidavit, all academic employees of the district possessed the required minimum qualifications for the work they performed. (Amended by Stats. 1990, Ch. 1302, Sec. 122. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 5. Miscellaneous [87700 - 87715] SECTION 87715. Source version: id_ff4a57b0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=5. A full-time contract or regular classroom instructor currently employed by a community college district that decides to maintain classes on Saturday or Sunday, or both, shall not, without his or her written consent, be required to instruct under that program for more than 180 full days during a college year, or for more than the number of full days the colleges of the district were maintained during the year preceding implementation of weekend classes, whichever is greater. This section shall not be construed as limiting the power of any governing board of a community college district to govern the colleges of the district, including the assignment of instructors employed by the district. No such classroom instructor shall be assigned to perform services on a Saturday or Sunday if the instructor objects in writing that the assignment would conflict with his or her religious beliefs or practices. (Amended by Stats. 1995, Ch. 758, Sec. 165. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87730. Source version: id_ff4bde54-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. Governing boards of community college districts shall accept the resignation of any employee and shall fix the time when the resignation takes effect, which shall not be later than the close of the school year during which the resignation has been received by the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87731. Source version: id_ff4bde56-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. Whenever any academic employee of any community college district who, at the time of his or her resignation, was classified as regular, is reemployed within 39 months after his or her last day of paid service, the governing board of the district shall, disregarding the break in service, classify him or her as, and restore to him or her all of the rights, benefits and burdens of, a regular employee, except as otherwise provided in this code; provided, that time spent in active military service, as defined in Section 87700, subsequent to the last day of paid service shall not count as part of the aforesaid 39-month period. (Amended by Stats. 1990, Ch. 1302, Sec. 124. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87732. Source version: id_ff4bde58-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. No regular employee or academic employee shall be dismissed except for one or more of the following causes: (a) Immoral or unprofessional conduct. (b) Dishonesty. (c) Unsatisfactory performance. (d) Evident unfitness for service. (e) Physical or mental condition that makes him or her unfit to instruct or associate with students. (f) Persistent violation of, or refusal to obey, the school laws of the state or reasonable regulations prescribed for the government of the community colleges by the board of governors or by the governing board of the community college district employing him or her. (g) Conviction of a felony or of any crime involving moral turpitude. (h) Conduct specified in Section 1028 of the Government Code. (Amended by Stats. 1998, Ch. 63, Sec. 2. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87733. Source version: id_ff4d64fa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. No report on the fitness of a faculty member in a dismissal proceeding shall be received from a statewide professional organization by a governing board unless the employee shall have been given, prior to the preparation of the report in its final form, the opportunity to submit in writing his or her comments on the report and unless a copy of the report in final form is given to the employee investigated at least 10 days prior to its submission to the board. The report shall not be distributed other than to the governing board and those persons participating in its preparation unless the employee does not demand a hearing as provided by law. (Amended by Stats. 1990, Ch. 1302, Sec. 126. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87734. Source version: id_ff4d64fc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. The governing board of any community college district shall not act upon any charges of unprofessional conduct or unsatisfactory performance unless during the preceding term or half college year prior to the date of the filing of the charge, and at least 90 days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unprofessional conduct or unsatisfactory performance, specifying the nature thereof with specific instances of behavior and with particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 4 (commencing with Section 87660), if applicable to the employee. “Unprofessional conduct” and “unsatisfactory performance,” as used in this section, means, and refers only to, the unprofessional conduct and unsatisfactory performance particularly specified as a cause for dismissal in Section 87732 and does not include any other cause for dismissal specified in Section 87732. (Amended by Stats. 1998, Ch. 63, Sec. 3. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87735. Source version: id_ff4d64fe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. Upon the filing of written charges, duly signed and verified by the person filing them with the governing board of a community college district, or upon a written statement of charges formulated by the governing board, charging a permanent employee of the district with immoral conduct, conviction of a felony or of any crime involving moral turpitude, with incompetency due to mental disability, or with willful refusal to perform regular assignments without reasonable cause, as prescribed by reasonable rules and regulations of the employing district, the governing board may, if it deems such action necessary, immediately suspend the employee from his or her duties and give notice to him or her of his or her suspension, and that 30 days after service of the notice, he or she will be dismissed, unless he or she demands a hearing. (Amended by Stats. 1990, Ch. 1302, Sec. 127. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87736. Source version: id_ff4d6500-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. Whenever any academic employee of a community college district is charged with the commission of any sex offense, as defined in Section 87010, by complaint, information, or indictment filed in a court of competent jurisdiction, the governing board of the district may immediately place the employee upon compulsory leave of absence for a period of time extending for not more than 10 days after the date of the entry of the judgment in the proceedings. The governing board of the district may extend the compulsory leave of absence of the employee beyond such period by giving notice to the employee within 10 days after the entry of judgment in the proceedings that the employee will be dismissed at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in Section 87737. Any employee placed upon compulsory leave of absence pursuant to this section shall continue to be paid his or her regular salary during the period of his or her compulsory leave of absence, if and during such time as the employee furnishes to the community college district a suitable bond, or other security acceptable to the governing board, as a guarantee that the employee will repay to the district the amount of salary so paid to the employee during the period of the compulsory leave of absence in case the employee is convicted of such charges, or fails or refuses to return to service following an acquittal of the offense or dismissal of the charges. If the employee is acquitted of the offense, or the charges against the employee are dismissed, the district shall reimburse the employee for the cost of the bond upon his or her return to service in the district. If the employee does not elect to furnish bond, or other security acceptable to the governing board of the district, and if the employee is acquitted of the offense, or the charges against the employee are dismissed, the district shall pay to the employee his or her full compensation for the period of the compulsory leave of absence upon his or her return to service in the district. Whenever any academic employee of a community college district is charged with the commission of any narcotics offense as defined, in Section 87011 of the Education Code, or a violation of Section 261.5 of the Penal Code, Sections 11357 to 11361, inclusive, 11363, 11364, or 11377 to 11382, inclusive, insofar as such sections relate to any controlled substances in paragraph (4) or (5) of subdivision (b) of Section 11056, or any controlled substances in subdivision (d) of Section 11054, except paragraphs (10), (11), (12), and (17) of such subdivision, of the Health and Safety Code, by complaint, information, or indictment filed in a court of competent jurisdiction, the governing board of the district may immediately place the employee upon compulsory leave in accordance with the procedure in this section. (Amended by Stats. 1990, Ch. 1302, Sec. 128. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87737. Source version: id_ff4d6502-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. The notice of suspension and intention to dismiss, shall be in writing and be served upon the employee personally or by United States registered mail addressed to the employee at his or her last known address. A copy of the charges filed, together with a copy of the provisions of Section 87736, shall be attached to the notice. If the employee demands a hearing within 30 days, the matter shall proceed to arbitration or hearing, as the case may be, as specified in Article 4. If the employee does not demand a hearing within the 30-day period, his or her dismissal shall be effective upon the expiration of 30 days after service of the notice. (Amended by Stats. 1990, Ch. 1302, Sec. 129. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] SECTION 87740. Source version: id_ff4eeba4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6. (a) No later than March 15 and before an employee is given notice by the governing board that his or her services will not be required for the ensuing year, the governing board and the employee shall be given written notice by the superintendent of the district or his or her designee, or in the case of a district which has no superintendent by the clerk or secretary of the governing board, that it has been recommended that the notice be given to the employee, and stating the reasons therefor. If a contract employee has been in the employ of the district for less than 45 days on March 15, the giving of the notice may be deferred until the 45th day of employment and all time periods and deadline dates prescribed in this subdivision shall be coextensively extended. Until the employee has requested a hearing as provided in subdivision (b) or has waived his or her right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section. (b) The employee may request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice pursuant to subdivision (a), on or before a date specified in that subdivision, which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, this failure to do so shall constitute waiver of his or her right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision. (c) In the event a hearing is requested by the employee, the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board shall have all the power granted to an agency in that chapter, except that all of the following shall apply: (1) The respondent shall file his or her notice of defense, if any, within five days after service upon him or her of the accusation and he or she shall be notified of this five-day period for filing the accusation. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if request is made therefor within 15 days after service of the accusation, and the notice required by Section 11505 of the Government Code shall so indicate. (3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the colleges and the students thereof. The proposed decision shall be prepared for the governing board and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board or on any court in future litigation. Copies of the proposed decision shall be submitted to the governing board and to the employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board from the district funds. The board may adopt, from time to time, rules and procedures not inconsistent with this section that may be necessary to effectuate this section. (d) The governing board’s determination not to reemploy a contract employee for the ensuing college year shall be for cause only. The determination of the governing board as to the sufficiency of the cause pursuant to this section shall be conclusive, but the cause shall relate solely to the welfare of the colleges and the students thereof and provided that cause shall include termination of services for the reasons specified in Section 87743. The decision made after the hearing shall be effective on May 15 of the year the proceeding is commenced. (e) Notice to the contract employee by the governing board that the employee’s service will not be required for the ensuing year shall be given no later than May 15. (f) If a governing board notifies a contract employee that his or her services will not be required for the ensuing year, the board, within 10 days after delivery to it of the employee’s written request, shall provide him or her with a statement of its reasons for not reemploying him or her for the ensuing college year. (g) Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid and addressed to the last known address of the employee. (h) If the governing board does not give notice provided for in subdivision (e) on or before May 15, the employee shall be deemed reemployed for the ensuing school year. (i) If, after request for hearing pursuant to subdivision (b), any continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivisions (c), (d), (e) and (h) that occur on or after the date of granting the continuance shall be extended for a period of time equal to the continuance. (Amended by Stats. 1995, Ch. 758, Sec. 168. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87743. Source version: id_ff4eeba8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. No tenured employee shall be deprived of his or her position for causes other than those specified in Sections 87453, 87467, and 87484, and Sections 87732 to 87739, inclusive, and no probationary employee shall be deprived of his or her position for cause other than as specified in Section 87740 except in accordance with the provisions of Section 87463 and Sections 87743 to 87762, inclusive. Whenever in any school year the average daily attendance in all of the schools of a district for the first six months in which school is in session shall have declined below the corresponding period of either of the previous two school years, or whenever a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, and when in the opinion of the governing board of the district it shall have become necessary by reason of either of these conditions to decrease the number of tenured employees in the district, the governing board may terminate the services of not more than a corresponding percentage of the employees of the district, tenured as well as probationary, at the close of the school year. However, the services of no tenured employee may be terminated under this section while any probationary employee, or any other employee with less seniority, is retained to render a service in a faculty service area in which the records of the district maintained pursuant to Section 87743.4 reflect that the tenured employee possesses the minimum qualifications prescribed by the board of governors and is competent to serve under district competency criteria. Notice of the termination of services either for a reduction in attendance or reduction or discontinuance of a particular kind of service to take effect not later than the beginning of the following school year, shall be given before the 15th of May in the manner prescribed in Section 87740 and services of the employees shall be terminated in the inverse of the order in which they were employed, as determined by the board in accordance with Sections 87413 and 87414. In the event that a tenured or probationary employee is not given the notices and a right to a hearing as provided for in Section 87740, he or she shall be deemed reemployed for the ensuing school year. The board shall make assignments and reassignments in a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render. (Amended by Stats. 1988, Ch. 973, Sec. 51.5. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87743.1. Source version: id_ff50724a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. As used in this chapter, “faculty service area” means a service or instructional subject area or group of related services or instructional subject areas performed by faculty and established by a community college district. (Added by Stats. 1988, Ch. 973, Sec. 52. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87743.2. Source version: id_ff50724c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. Not later than July 1, 1990, each community college district shall establish faculty service areas. The establishment of faculty service areas shall be within the scope of meeting and negotiating pursuant to Section 3543.2 of the Government Code. The exclusive representative shall consult with the academic senate in developing its proposals. (Added by Stats. 1988, Ch. 973, Sec. 53. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87743.3. Source version: id_ff50724e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. Each faculty member shall qualify for one or more faculty service areas at the time of initial employment. A faculty member shall be eligible for qualification in any faculty service area in which the faculty member has met both minimum qualifications pursuant to Section 87356 and district competency standards. After initial employment, a faculty member may apply to the district to add faculty service areas for which the faculty member qualifies. The application shall be received by the district on or before February 15 in order to be considered in any proceeding pursuant to Section 87743 during the academic year in which the application is received. Any dispute arising from an allegation that a faculty member has been improperly denied a faculty service area shall be classified and procedurally addressed as a grievance. If the district has no grievance procedure, fair and equitable procedures for the resolution of the disputes shall be developed by the academic senate and representatives of the governing board. (Added by Stats. 1988, Ch. 973, Sec. 54. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87743.4. Source version: id_ff507250-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. Each district shall maintain a permanent record for each faculty member employed by the district of each faculty service area for which the faculty member possesses the minimum qualifications for service and in which he or she has established competency pursuant to district competency standards. The record shall be contained in the faculty member’s personnel file. (Added by Stats. 1988, Ch. 973, Sec. 55. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87743.5. Source version: id_ff507252-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. To determine competency to serve in a faculty service area for the purposes of Section 87743, each community college district shall, not later than July 1, 1990, establish competency criteria for faculty members employed by the district. The development and establishment of such competency criteria shall be within the scope of meeting and negotiating pursuant to Section 3543 of the Government Code. (Added by Stats. 1988, Ch. 973, Sec. 56. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87744. Source version: id_ff507254-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. Any regular employee whose services have been terminated, as provided in Section 87743, shall have the following rights: (a) For the period of 39 months from the date of the termination, any employee who in the meantime has not attained the age of 70 years shall have the preferred right to reappointment, in the order of original employment as determined by the board in accordance with Sections 87405 to 87424, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. However, no contract or other employee with less seniority shall be employed to render a service for which the employee meets minimum qualifications and is competent to render. (b) The right to reappointment may be waived by the employee, without prejudice, for not more than one college year, unless the board extends this right, but such a waiver shall not deprive the employee of his or her right to subsequent offers of reappointment. (c) As to any employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when his or her services were terminated, and credit for prior service under any state or district retirement system shall not be affected by that termination, but the period of his or her absence shall not count as a part of the service required for retirement. (d) During the period of his or her preferred right to reappointment, the employee, in the order of original employment, shall be offered prior opportunity for temporary service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty. However, his or her services may be terminated upon the return to duty of the other employee, the compensation he or she receives shall be not less than the amount he or she would receive if he or she were being reappointed, and that the temporary service shall not affect the retention of his or her previous classification and rights. (e) At any time prior to the completion of one year after his or her return to service, he or she may continue or make up, with interest, his or her own contributions to any state or district retirement system, for the period of his or her absence, but it shall not be obligatory on a district to match these contributions. (f) If the employee becomes disabled or reaches retirement age at any time before his or her return to service, he or she shall receive, in any state or district retirement system of which he or she was a member, all benefits to which he or she would have been entitled had the event occurred at the time of his or her termination of service, plus any benefits he or she may have qualified for thereafter, as though still employed. (Amended by Stats. 1995, Ch. 758, Sec. 169. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87745. Source version: id_ff51f8f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. Any contract employee whose services have been terminated as provided in Section 87743 shall have the following rights: (a) For the period of 24 months from the date of the termination, any employee who in the meantime has not attained the age of 70 years shall have the preferred right to reappointment, subject to the prior rights to reappointment by all regular employees as set forth in Section 87744, in the order of original employment as determined by the governing board in accordance with Sections 87405 to 87424, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. However, no contract or temporary employee with less seniority shall be employed to render a service for which the employee meets minimum qualifications and is competent to render. (b) As to any employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when his or her services were terminated, and credit for prior service under any state or district retirement system shall not be affected by the termination. However, the period of his or her absence shall not be counted as a part of the service required for attaining regular status in the district or, except as provided in subdivision (c), for retirement purposes. (c) During the period of his or her preferred right to reappointment, the employee, in the order of original employment and subject to the rights of regular employees as set forth in Section 87744, shall be offered prior opportunity for temporary service during the absence of any other employee who has been granted leave of absence or who is temporarily absent from duty. However, his or her services may be terminated upon a return to duty of the other employee, such temporary service shall not affect the retention of his or her previous classification and rights. (d) At any time prior to the completion of one year after his or her return to service, an employee reappointed under this section may elect to continue or to reinstate his or her membership and interest in any state or district retirement system and to receive retirement benefits as if no absence from service had occurred. In the event of such an election, the employee shall pay into the retirement system the amount of his or her share of contribution and the district’s share of contribution attributable to the period of absence and the amount of any contributions withdrawn, plus interest. (Amended by Stats. 1995, Ch. 758, Sec. 170. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 6.5. Reduction in Services [87743 - 87746] SECTION 87746. Source version: id_ff51f8f8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=6.5. If the services of any contract employee are terminated, or if such an employee is dismissed, because of a reduction in the attendance of students or the discontinuance of a particular kind of service, and the employee is reemployed within a period of 39 months from the last day of the college year within which his or her service was so terminated, or within 39 months after the cessation of hostilities, if the reduction in attendance or discontinuance of service was due to war conditions, the period of the employee’s absence shall not count as a part of the service required as a condition precedent to the classification of the employee as a regular employee of the district, but the absence shall not be construed as a break in the continuity of the service of the employee. Every contract employee who has been reemployed as indicated in this section shall have all of the rights enumerated in Section 87463 and Sections 87743 to 87762, inclusive, for regular employees, except the right of reappointment, subject only to the prior rights of regular employees. (Amended by Stats. 1995, Ch. 758, Sec. 171. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87762. Source version: id_ff537f9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. In specifying or defining the rights of employees in Section 87746, “war” means “war” as defined in Section 22804. (Amended by Stats. 1995, Ch. 758, Sec. 172. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87763. Source version: id_ff537f9e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Governing boards of community college districts may grant leaves of absence to persons employed in academic positions. (Amended by Stats. 1990, Ch. 1302, Sec. 136. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87764. Source version: id_ff537fa0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. When any provision of this code expressly authorizes or requires the governing board of a community college district to grant a leave of absence for any purpose or for any period of time to persons employed in academic positions, that express authorization or requirement does not deprive the governing board of the power to grant leaves of absence with or without pay to those employees for other purposes or for other periods of time, so long as the governing board does not deprive any employee of any leave of absence to which he or she is entitled by law. (Amended by Stats. 1995, Ch. 758, Sec. 173. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87765. Source version: id_ff537fa2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. The governing board of a community college district may provide for the leave of absence from duty and may grant compensation during the leave of absence to any employee of the district who is employed in an academic position and who is compelled to absent himself or herself from his or her duties because of accident or illness, whether or not the cause of absence arises out of and in the course of the employment of the employee, or because of quarantine which results from his or her contact with other persons having a contagious disease while performing his or her duties, or because of temporary inability to perform the services required of him or her because of illness, accident, or quarantine. (Amended by Stats. 1990, Ch. 1302, Sec. 138. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87766. Source version: id_a2c97cf8-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. The governing board of a community college district shall provide for leave of absence from duty for any academic employee of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by any school district. Except as provided herein, written and unwritten employment policies and practices of a community college district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities. This section shall be construed as requiring the governing board of a community college district to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury, or disability. This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2026, Ch. 79, Sec. 23. (SB 135) Effective July 13, 2026. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 24 of Stats. 2026, Ch. 79.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87766. Source version: id_e797bd14-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. (a) (1) The governing board of a community college district shall provide for a leave of absence from duty for an academic employee of the community college district who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions. (2) For part-time academic employees, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following: (A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the community college district. (B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the six-month period immediately preceding the date that the employee began their paid leave. (ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the entire period of that employment preceding the date that the employee began their paid leave. (3) Notwithstanding any other law, a community college district shall maintain group health coverage for an employee who takes a leave of absence under this section for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence. (4) A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee for subsequent injury, illness, or disabilities, including those caused or contributed to by pregnancy, miscarriage, or childbirth, pursuant to state or federal regulations or laws, except as provided in subdivision (e). (5) Compensation during the leave of absence taken under this section shall include retirement fund contributions required of the community college district. The employee shall earn full service credit during the leave of absence and shall pay member contributions to the retirement fund. (b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by a community college district. (c) Except as provided in this section, written and unwritten employment policies and practices of a community college district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities. (d) Except as provided in this section, there are no eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under this section. (e) A community college district that has elected to become an employer subject to Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code pursuant to Section 710.4 of the Unemployment Insurance Code may apply the disability benefits of an employee under Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code in partial satisfaction of the requirements of this section. Full satisfaction of the requirements of this section is met if the employer ensures that the employee receives the full amount of pay during the leave of absence required by this section without a reduction to the vacation, sick, or other compensated leave time balances of the employee. (f) Nothing in this section shall be construed to diminish the obligation of a community college district to comply with any collective bargaining agreement entered into by a community college district and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section. (g) This section shall become operative on January 1, 2027. (Repealed (in Sec. 23) and added by Stats. 2026, Ch. 79, Sec. 24. (SB 135) Effective July 13, 2026. Operative January 1, 2027, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87767. Source version: id_ff537fa6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. The governing board of a community college district may grant any employee of the district employed in an academic position, a leave of absence not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the schools and students of the district. The governing board may provide that such a leave of absence be taken in separate six-month periods or separate quarters rather than for a continuous one-year period, provided that the leave of absence for both of the separate six-month periods or any or all quarters shall be commenced and completed within a three-year period. Any period of service by the individual intervening between the two separate six-month periods or separate quarters of the leave of absence shall comprise a part of the service required for a subsequent leave of absence. (Amended by Stats. 1990, Ch. 1302, Sec. 140. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87768. Source version: id_ff550648-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Notwithstanding any other provision of this code, the governing board of any community college district may grant a leave of absence under Section 87767 to any academic employee who has rendered service to the district for at least six consecutive years preceding the granting of the leave, but not more than one such leave of absence shall be granted in each six-year period. The governing board granting the leave of absence may prescribe the standards of service which shall entitle the employee to the leave of absence. No absence from the service of the district under a leave of absence, other than a leave of absence granted pursuant to Section 87767, granted by the governing board of the district shall be deemed a break in the continuity of service required by this section, and the period of the absence shall not be included as service in computing the six consecutive years of service required by this section. Service under a national recognized fellowship or foundation approved by the board of governors, for a period of not more than one year, for research, teaching or lecturing shall not be deemed a break in continuity of service, and the period of the absence shall be included in computing the six consecutive years of service required by this section. (Amended by Stats. 1990, Ch. 1302, Sec. 141. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87768.5. Source version: id_a6b04c71-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. (a) (1) The governing board of a community college district shall grant to any employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of any local community college district public employee organization, or of any statewide or national public employee organization with which the local organization is affiliated. (2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the community college district as employer. The required employer contribution rate shall be the rate adopted by the Teachers’ Retirement Board as a plan amendment with respect to the Defined Benefit Program as provided in Section 22711. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by Section 22711. Any employee who serves as a full-time officer of a public employee organization shall not be eligible for disability benefits under the State Teachers’ Retirement System while on the leave of absence. (3) Following the community college district’s payment of the employee for the leave of absence, the community college district shall be reimbursed by the employee organization of which the employee is an elected officer for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the community college district’s certification of payment of compensation to the employee. (4) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code. The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement. (b) (1) An employee who after August 31, 1978, was absent on account of elected-officer service, shall receive full service credit in the State Teachers’ Retirement Plan, provided that both of the following conditions are met: (A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service. (B) The employee organization of which the member is an elected officer pays to the member’s employer an amount equal to the required State Teachers’ Retirement Plan member and employer retirement contributions, including regular interest on the balance of contributions due to the State Teachers’ Retirement System, calculated from the date the contributions would have been due when the elected-officer service was performed to the date payment is received by the State Teachers’ Retirement System, compounded daily based on the regular interest rate in effect the day the payment is received by the State Teachers’ Retirement System, as prescribed by this section. (2) The community college district, following this written request and payment, shall transmit the amount received to the State Teachers’ Retirement System, informing it of the period of the employee’s leave of absence. The State Teachers’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence. (3) If the employee has been compensated by the school district for the period of the service, then, as a condition to the employee’s entitlement to service credit for this period, the school district shall be reimbursed by the employee organization for the amount of the compensation. (c) Notwithstanding any other provisions of law, this section shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1978. (Amended by Stats. 2021, Ch. 539, Sec. 4. (SB 294) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87769. Source version: id_ff55064c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Every employee granted a leave of absence pursuant to Section 87767 may be required to perform such services during the leave as the governing board of the district and the employee may agree upon in writing, and the employee shall receive such compensation during the period of the leave as the governing board and the employee may agree upon in writing, which compensation shall be not less than the difference between the salary of the employee on leave and the salary of a substitute employee in the position which the employee held prior to the granting of the leave. However, in lieu of such difference, the board may pay one-half of the salary of the employee on leave or any additional amount up to and including the full salary of the employee on leave. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87769.5. Source version: id_ff55064e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. An employee granted a leave of absence pursuant to Section 87767 or 87768 may agree in writing with the governing board of the community college district not to receive compensation during the period of the leave. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87770. Source version: id_ff550650-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Every employee, as a condition to being granted a leave of absence pursuant to Section 87767, shall agree in writing to render a period of service in the employ of the governing board of the district following his or her return from the leave of absence which is equal to twice the period of the leave. Compensation granted by the governing board to the employee on leave for less than one year may be paid during the first year of service rendered in the employ of the governing board following the return of the employee from the leave of absence or, in the event that the leave is for a period of one year, the compensation may be paid in two equal annual installments during the first two years of service following the return of the employee. The compensation shall be paid the employee while on the leave of absence in the same manner as if the employee were teaching in the district, upon the furnishing by the employee of a suitable bond indemnifying the governing board of the district against loss in the event that the employee fails to render the agreed upon period of service in the employ of the governing board following the return of the employee from the leave of absence. The bond shall be exonerated in event the failure of the employee to return and render the agreed upon period of service is caused by the death or physical or mental disability of the employee. If the governing board finds, and by resolution declares, that the interests of the district will be protected by the written agreement of the employee to return to the service of the district and render the agreed upon period of service therein following his or her return from the leave, the governing board may waive the furnishing of the bond and pay the employee on leave in the same manner as though a bond is furnished. (Amended by Stats. 1995, Ch. 758, Sec. 175. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87771. Source version: id_ff550652-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. If the employee does not serve for the entire period of service agreed upon under Section 87770, the amount of compensation paid for the leave of absence shall be reduced by an amount which bears the same proportion to the total compensation as the amount of time which was not served bears to the total amount of time agreed upon. If the employee furnished an indemnity bond, upon default, the proceeds of the bond shall be divided between the employee and the community college district in the same proportion as the actual amount of time served bears to the amount of time agreed upon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87774. Source version: id_ff550654-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. At the expiration of the leave of absence of the employee, the employee, unless he or she otherwise agrees, shall be reinstated in the position held by him or her at the time of the granting of the leave of absence. (Amended by Stats. 1995, Ch. 758, Sec. 178. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87775. Source version: id_ff568cf6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Both the governing board of a community college district and the district shall be freed from any liability for the payment of any compensation or damages provided by law for the death or injury of any employee of the district employed in an academic position when the death or injury occurs while the employee is on any leave of absence granted under the provisions of Sections 87763 to 87779, inclusive. (Amended by Stats. 1990, Ch. 1302, Sec. 144. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87776. Source version: id_ff568cf8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. No leave of absence when granted to a contract employee shall be construed as a break in the continuity of service required for the classification of the employee as tenure. However, time spent on any unpaid leave of absence shall not be included in computing the service required as a prerequisite to attainment of, or eligibility for, tenure. (Amended by Stats. 1990, Ch. 1302, Sec. 145. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87777. Source version: id_ff568cfa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Whenever any permanent or probationary employee of a high school district is employed by a community college district pursuant to Section 87462 or 87464 such employee shall be entitled to retain all sickness and injury, sabbatical and other leave rights accumulated by service prior to such employment and the district shall recognize and grant such rights, including any accumulated rights allowed by the governing board of the high school district, as fully as if there was no change in the community college district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87779. Source version: id_ff568cfc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. When a community college or other place of employment shall have been transferred from one district to another, any academic employees who transfer with the school or other place of employment shall be entitled to retain all sickness and injury, sabbatical and other leave rights accumulated by service prior to the transfer and the district to which the school or other place of employment has been transferred shall recognize or grant those rights, including any accumulated rights allowed by the governing board of the district from which the school or other place of employment was transferred, as fully as if there had been no change in the district maintaining the school or other place of employment. (Amended by Stats. 1990, Ch. 1302, Sec. 146. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87780. Source version: id_ff568cfe-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. When a person employed in an academic position is absent from his or her duties on account of illness or accident for a period of five school months or less, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due the employee for any month in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed. The community college district shall make every reasonable effort to secure the services of a temporary employee. The governing board of every community college district shall adopt a salary schedule for temporary employees. The salary schedule shall indicate a salary for a temporary employee for all categories or classes of academic employees of the district. Except in a district where the governing board has adopted a salary schedule for temporary employees of the district, the amount paid the temporary employee during any month shall be less than the salary due the employee absent from his or her duties. When a person employed in an academic position is absent from his or her duties on account of illness for a period of more than five school months, or when a person is absent from his or her duties for a cause other than illness, the amount deducted from the salary due the person for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. These rules and regulations shall not conflict with rules and regulations of the board of governors. Nothing in this section shall be construed to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for academic employees. This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. (Amended by Stats. 1995, Ch. 758, Sec. 180. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87780.1. Source version: id_f36679af-fcf0-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. (2) In community college districts that use the differential pay system described in Section 87780, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed. (3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. (4) Regardless of the type of differential pay system used by the community college district pursuant to paragraphs (2) and (3), the compensation a person employed in an academic position shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (b) For purposes of subdivision (a), all of the following apply: (1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. (2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. (c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district. (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. (e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. (f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (Amended by Stats. 2018, Ch. 994, Sec. 3. (AB 2012) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87781. Source version: id_004f7c34-42af-11da-82ff-c0b2e756c8ca Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. (a) (1) Every academic employee employed five days a week by a community college district shall be entitled to 10 days’ leave of absence for illness or injury and any additional days in addition thereto that the governing board may allow for illness or injury, exclusive of all days he or she is not required to render service to the district, with full pay for a college year of service. (2) An employee employed for less than five schooldays a week shall be entitled, for a college year of service, to that proportion of 10 days’ leave of absence for illness or injury as the number of days he or she is employed per week bears to five, and is entitled to those additional days in addition thereto as the governing board may allow for illness or injury to academic employees employed for less than five schooldays per week. Pay for any day of those absences shall be the same as the pay that would have been received had the employee served during the day. (b) Credit for leave of absence need not be accrued prior to taking leave by the employee, and the leave of absence may be taken at any time during the college year. If the employee does not take the full amount of leave allowed in any school year under this section, the amount not taken shall be accumulated from year to year with additional days as the governing board may allow. (c) The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purposes of this section. These rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized church or denomination. (d) Nothing in this section shall be deemed to modify or repeal any provision in Chapter 3 (commencing with Section 120175) of Part 1 of Division 105 of the Health and Safety Code. (e) Section 87780 does not apply to the first 10 days of absence on account of illness or accident of any employee employed five days per week or to the proportion of 10 days of absence to which the employee employed less than five days per week is entitled hereunder on account of illness or accident or to additional days granted by the governing board. Any employee shall have the right to utilize sick leave provided for in this section and the benefit provided by Section 87780 for absences necessitated by pregnancy, miscarriage, childbirth, and recovery therefrom. (Amended by Stats. 2005, Ch. 654, Sec. 41. Effective October 7, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87781.5. Source version: id_ff5813a2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. The governing board of a community college district may adopt rules permitting academic employees of the district to use leave earned pursuant to Section 87781 in cases of compelling personal importance. Leave taken pursuant to this section, together with any leave taken pursuant to Section 87784, shall not exceed six days in any single school year. (Amended by Stats. 1990, Ch. 1302, Sec. 149. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87782. Source version: id_4f2525d3-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. (a) An academic employee of a community college district who has been an employee of that district for a period of one school year or more shall have transferred with the employee to a second district the total amount of leave of absence for illness or injury to which the employee is entitled under Section 87781. (b) The board of governors shall adopt rules and regulations prescribing the manner in which the first district shall certify to the second district the total amount of leave of absence for illness or injury to be transferred. No governing board shall adopt any policy or rule, written or unwritten, that requires any employee transferring to its district to waive any part or all of the leave of absence that the employee may be entitled to have transferred in accordance with this section. (Amended by Stats. 2019, Ch. 100, Sec. 1. (AB 706) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87783. Source version: id_48383890-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. (a) The accumulated leave of absences for illness and injury of each of the following persons shall be transferred with them to their second position: (1) Any academic employee of a community college district who accepts a position requiring certification qualifications in the office of any county superintendent of schools. (2) Any certificated employee of any county superintendent of schools who accepts an academic position in a community college district or office of another county superintendent of schools. (3) Any person employed by the board of governors in a position requiring certification qualifications or an employee of the office of the Chancellor of the California Community Colleges who accepts an academic position in a community college district or a position requiring certification qualifications in the office of any county superintendent of schools. (4) Any certificated employee of the Commission on Teacher Credentialing who accepts an academic position in any community college district. (b) The amount of leave to be transferred pursuant to this section shall be determined in the same manner as provided in Section 87782. All other provisions of Section 87782 shall also apply to the employees and employers described in this section. (Amended by Stats. 2024, Ch. 471, Sec. 27. (SB 1329) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87784. Source version: id_ff599948-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Any days of leave of absence for illness or injury allowed pursuant to Section 87781 may be used by the employee, at his election, in cases of personal necessity. The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section. The employee shall not be required to secure advance permission for leave taken for any of the following reasons: (a) Death or serious illness of a member of his immediate family. (b) Accident, involving his person or property, or the person or property of a member of his immediate family. No such accumulated leave in excess of six (6) days may be used in any school year for the purposes enumerated in this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87784.5. Source version: id_83bddcff-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. (a) An academic employee may take up to 30 days of leave in a school year, less any days of leave authorized pursuant to Sections 87781.5 and 87784, in either of the following circumstances: (1) A biological parent may use leave pursuant to this section within the first year of his or her infant’s birth. (2) A nonbiological parent may use leave pursuant to this section within the first year of legally adopting a child. (b) If the provisions of this section are in conflict with the terms of a collective bargaining agreement in effect before January 1, 2015, the provisions of this section do not apply to the public employer and public employees subject to that agreement until the expiration or renewal of the agreement. (Amended by Stats. 2015, Ch. 303, Sec. 132. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87785. Source version: id_ff59994a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Any person employed by a community college district, in an academic position who accepts a professional education position in the chancellor’s office of the California community colleges, the appointment to which is, or is intended to become, permanent, shall have transferred with him or her to the chancellor’s office of the California community colleges his accumulated leave of absence for illness or injury. The amount of leave to be transferred shall be determined in the same manner as provided in Section 87782, except in no case may the transferred accumulated sick leave exceed that amount of accumulated sick leave that the person would have earned as an employee in the system to which he or she is transferring. All other provisions of Section 87782 shall also apply to the employees and employers described in this section. (Amended by Stats. 1990, Ch. 1302, Sec. 152. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87786. Source version: id_05fb3f34-3b31-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Section 87780 shall not apply to any community college district which adopts and maintains in effect a rule that provides that when a person employed in an academic position is absent from their duties on account of illness or accident for a period of five school months or less whether or not the absence arises out of or in the course of the employment of the employee, the employee shall receive 50 percent or more of their regular salary during the period of the absence and nothing in Section 87780 shall be construed as preventing the governing board of any district from adopting any such rule. Notwithstanding the foregoing, when a person employed in an academic position is absent from their duties on account of illness for a period of more than five school months, or when a person is absent from their duties for a cause other than illness, the amount deducted from the salary due the employee for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. These rules and regulations shall not conflict with rules and regulations of the board of governors. Nothing in this section shall be construed so as to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for academic employees. This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. (Amended by Stats. 2020, Ch. 129, Sec. 3. (AB 3374) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87787. Source version: id_073482f0-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. (a) The governing board of a community college district shall provide by rules and regulations for industrial accident and illness leaves of absence for all academic employees. The governing board of a community college district that is created or whose boundaries or status is changed by an action to organize or reorganize community college districts completed after January 1, 1976, shall provide by rules and regulations for those leaves of absence on or before the date on which the organization or reorganization of the community college district becomes effective. (b) The rules or regulations shall include all of the following provisions: (1) Allowable leave shall be for not less than 60 days during which the community colleges of the district are required to be in session or when the employee would otherwise have been performing work for the community college district in any one fiscal year for the same accident. (2) Allowable leave shall not be accumulated from year to year. (3) Industrial accident or illness leave shall commence on the first day of absence. (4) (A) When an academic employee is absent from his or her duties on account of an industrial accident or illness, the employee shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to the employee of not more than his or her full salary. (B) The phrase “full salary,” as used in this subdivision, shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is used in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. (5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. (6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury. (c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 87780, 87781, and 87786, and, for purposes of each of these sections, his or her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the employee continues to receive temporary disability indemnity, he or she may elect to take as much of his or her accumulated sick leave as, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full salary. (d) The governing board of a community college district, by rule or regulation, may provide for additional leave of absence for industrial accident or illness as it deems appropriate. (e) During a paid leave of absence, the employee may endorse to the community college district the temporary disability indemnity checks received on account of his or her industrial accident or illness. The community college district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants. (f) In the absence of rules and regulations adopted by the governing board of a community college district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of leave. (Amended by Stats. 2016, Ch. 86, Sec. 74. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87788. Source version: id_ff5b1ff0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Every person employed by a community college district in an academic position is entitled to a leave of absence, not to exceed three days, or five days if out-of-state travel is required, on account of the death of any member of his or her immediate family. No deduction shall be made from the salary of the employee or shall the leave be deducted from leave granted by other sections of this code or provided by the governing board of the district. The governing board may enlarge the benefits of this section and may expand the class of relatives listed below as members of the immediate family. Members of the immediate family, as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee. (Amended by Stats. 1990, Ch. 1302, Sec. 155. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87789. Source version: id_ff5b1ff2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. The governing board of a community college district may grant a leave of absence to any academic employee who has applied for disability allowance, not to exceed 30 days beyond final determination of the disability allowance by the State Teachers’ Retirement System. If the employee is determined to be eligible for the disability allowance by the system, the leave shall be extended for the term of disability, but not more than 39 months. Governing boards of community college districts shall classify as temporary employees those persons employed to fill vacancies caused by the absence of academic employees who are classified as permanent and are receiving a disability or insurance allowance or benefit from the system or from a group insurance plan for which the employer is paying the cost or deducting the cost from the employees’ salaries. For purposes of this section, the term of employment of the temporary employee shall be equal to the number of days of absence of the employee receiving the disability allowance. If the term of employment extends beyond this period, the employee shall be credited for all days served as a probationary employee. (Amended by Stats. 1990, Ch. 1302, Sec. 156. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 7. Leaves of Absence [87762 - 87790] SECTION 87790. Source version: id_ff5b1ff4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=7. Notwithstanding any other provisions of this code, except Part 13 (commencing with Section 22000), the governing body of a community college district may adopt a workload balancing program for academic employees, under which time worked in excess of that required for a full-time position is banked and an equivalent paid leave of absence is granted in a subsequent quarter, semester, or academic year. (Amended by Stats. 1995, Ch. 758, Sec. 183. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87801. Source version: id_ff5b1ff8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. The governing board of a community college district shall fix and order paid the compensation of persons employed by the board as academic employees unless otherwise prescribed by law. (Amended by Stats. 1990, Ch. 1302, Sec. 157. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87802. Source version: id_ff5b1ffa-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. The governing board of each community college district shall adopt and cause to be printed and made available to each academic employee a schedule of salaries to be paid. (Amended by Stats. 1990, Ch. 1302, Sec. 158. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87804. Source version: id_ff5ca69c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. The governing board of a community college district may employ such temporary employees of the district as it deems necessary and shall adopt and make public a salary schedule setting the daily or pay period rate or rates for temporary employees. This section shall not be construed as modifying or repealing any law fixing a minimum annual salary for employees of district. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87806. Source version: id_ff5ca69e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. The governing board of a community college district may at any time during any school year increase the salaries of persons employed by the district in academic positions. The increase shall be effective on any date ordered by the governing board. (Amended by Stats. 1990, Ch. 1302, Sec. 160. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87807. Source version: id_ff5ca6a0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. The governing board of community college district shall not decrease the annual salary of a person employed by the district in an academic position for failure to meet any requirement of the district that the person complete additional educational units, course of study, or work in any college or university or any equivalent thereof. (Amended by Stats. 1990, Ch. 1302, Sec. 161. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87809. Source version: id_ff5e2d42-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. If a community college district fails to pay the salary of any person employed by it in an academic position who has on file a contract of employment held valid by the legal adviser of the county superintendent of schools having jurisdiction over the district, that county superintendent of schools may transfer sufficient money from the funds of the district to the county school service fund and pay the salary from that fund. (Amended by Stats. 1990, Ch. 1302, Sec. 163. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87810. Source version: id_ff5e2d44-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Whenever a person has rendered service in an academic position, or the governing board of a district has employed a person in an academic position or the county superintendent has drawn an order for a warrant in favor of a person in an academic position, for a period of service during which the person did not have the qualifications required for the position as required by law, and when as a result thereof the employment of the person to render the service, the rendering of the service, the inclusion of the attendance of students taught by the person in the average daily attendance of the district, or the drawing of the order warrant for the service of that person, is in violation of any provision of this code, the employment, rendering of service, inclusion of attendance, or drawing of the order for the warrant shall be deemed fully legal for all purposes if the board of governors approves thereof in accordance with this section. The board of governors shall adopt rules and regulations to establish procedures for a review in those cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the board gives its approval to the rendering of such service, then the employment, inclusion of attendance, and drawing of the order for the warrant shall be automatically approved and made fully legal for all purposes. Unless and until amended by the board of governors, the regulations shall provide that the rendering of the service shall be approved if either of the following circumstances apply: (a) The board determines that the person rendering the service had the necessary qualifications during the period of service in question. (b) The district governing board determines, through a process that meets the requirements of Section 87359, and based on reasonable evidence, that the person rendering the service had qualifications that are at least equivalent to the qualifications specified in regulations of the board of governors. (Amended by Stats. 1990, Ch. 1302, Sec. 164. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87815. Source version: id_ff5e2d46-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. A person in an academic position who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days he or she serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district. Notwithstanding any provisions of this section to the contrary, a person in an academic position who serves a complete semester shall receive not less than one-half of the established annual salary for the position. This section shall not be so construed as to prevent the payment of compensation to a person while on leave of absence when the payment of the compensation is authorized by law. In the event any such person dies during the school year, his or her estate shall be entitled to receive, as salary owed to the decedent, an amount that bears the same ratio to the established annual salary for the position as the number of working days he or she served bears to the total number of working days plus institutes in the annual school term, and any other day when the employee was required by the governing board to be present at the schools of the district, less any salary paid to the decedent prior to his or her death. (Amended by Stats. 1990, Ch. 1302, Sec. 165. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87816. Source version: id_ff5fb3e8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Notwithstanding the provisions of Section 87815, the governing board of a community college district may adopt an alternative method of computing the salary received by an academic employee who serves less than a full school year. The alternative method shall include the deduction from the employee’s regular salary of only that amount actually paid to a substitute or, if a substitute is not employed, the amount which would have been paid to a substitute had a substitute been employed. For the purposes of this section, the amount which would have been paid to a substitute is that amount established by the district in a published salary schedule for substitute employees. The alternative method shall only be applied upon authorization by the community college board based upon individual employee application and shall be limited to no more than five days per school year for each employee. (Amended by Stats. 1990, Ch. 1302, Sec. 166. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87817. Source version: id_ff5fb3ea-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Notwithstanding the provisions of Section 87815 or any other provision of law to the contrary, if a person is employed by a community college district in an academic position at the beginning of the second semester of a school year for services during that semester, the compensation of the employee shall be not less than one-half of the annual compensation for that position. (Amended by Stats. 1990, Ch. 1302, Sec. 167. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87818. Source version: id_ff5fb3ec-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Whenever a salary schedule increasing the salaries of its academic employees is adopted by a community college district to be effective at the commencement of the second semester of a school year: (a) The compensation of the employees shall not exceed one-half of the annual compensation for their positions under the former salary schedule for services during the first semester. (b) The compensation of the employees shall not be less than one-half of the annual compensation for their positions under the newly adopted salary schedule for services during the second semester. This section shall not be construed to limit the time at which any salary increase ordered by the governing board shall become effective. (Amended by Stats. 1990, Ch. 1302, Sec. 168. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87821. Source version: id_ff5fb3ee-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Each salary payment for any calendar month may be made on the last working day of the month and shall be paid not earlier than the last working day of the month and not later than the fifth day of the succeeding calendar month except that faculty employed for less than full time in classes for adults, in a day or evening community college, shall be paid on or before the 10th day of the succeeding calendar month for services performed during the preceding calendar month. If the community college district provides for the payment of the salary of employees employed in academic positions once each two weeks, twice a month, or once each four weeks, each salary payment may be made on the last working day of the payroll period and shall be made not earlier than the last working day of the payroll period and not later than the eighth working day of the following payroll period. This section shall not prohibit a district from making a payment of earned salary prior to the last working day of the month or payroll period. (Amended by Stats. 1990, Ch. 1302, Sec. 170. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87822. Source version: id_ff5fb3f0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Except as provided in Section 87790, when any community college district employs an academic employee to perform instruction or other services in addition to his or her regular instructing duties, or when a district employs an academic employee to perform instructing or other services at a summer school maintained by the district, the district shall pay the employee for those services either in one lump sum or at an hourly, daily, biweekly, quadriweekly, or monthly rate of pay. If the pay is in one lump sum, the district shall pay the employee within 10 days after the termination of the services. If the pay is at an hourly, daily, biweekly, quadriweekly or monthly rate, the district shall pay the employee within 10 days after the end of each calendar month or pay period during which the services are performed. (Amended by Stats. 1990, Ch. 1302, Sec. 171. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87823. Source version: id_ff5fb3f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Instead of issuing a single warrant to each employee for salary or wages the district may use a payroll form of warrant making payment to two or more employees on one payroll warrant. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87824. Source version: id_ff5fb3f4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. When the payroll form of warrant is used, the approved and allowed payroll warrant shall be deposited with the county treasurer, who shall make payment to the employee or his order. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87825. Source version: id_ff613a96-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. When the payroll form of warrant is used the name of each employee shall be listed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87828. Source version: id_ff613a98-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Except as otherwise provided in this code, no warrant shall be drawn in favor of any academic employee, unless the officer whose duty it is to draw the warrant is satisfied that the employee has faithfully performed all the duties prescribed. (Amended by Stats. 1990, Ch. 1302, Sec. 172. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87831. Source version: id_ff613a9a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. Whenever reports are required to be filed with the county superintendent of schools by academic employees of districts authorized to issue warrants under the provision of Section 85266 and the reports have not been filed, the county superintendent of schools may direct the district in writing to withhold the salary payment due the employee involved. The payment should not be released to the employee until directed in writing by the county superintendent of schools. (Amended by Stats. 1990, Ch. 1302, Sec. 173. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87832. Source version: id_ff613a9c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. For the purposes of Section 395 of the Military and Veterans Code or any other provision of law providing for the payment of salary or compensation to an employee of a community college district while absent from duty because he or she is engaged in ordered military or naval duty, the employee’s salary or compensation for 30 days shall (a), with respect to an employee serving in an academic position, be deemed to be one-tenth of the annual salary established for the position and (b), with respect to an employee serving in a classified position, be deemed to be one month’s salary. (Amended by Stats. 1995, Ch. 758, Sec. 184. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87833. Source version: id_dd89a022-8395-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. (a) Except as provided in Section 87834, the governing board of each community college district, when drawing an order for the salary payment due to an academic employee of the district, shall reduce the order by the amount which the board has been requested in a revocable written authorization by the employee to deduct for the purpose of paying the dues of the employee for membership in any local professional organization, or in any statewide professional organization, or in any other professional organization affiliated or otherwise connected with a statewide professional organization which authorizes the statewide organization to receive membership dues on its behalf, or to deduct for the purpose of paying dues in, or for any other service, program, or committee provided or sponsored by, any certified or recognized employee organization, of which the employee is a bargaining unit member, whose membership consists, in whole or in part, of employees of the community college district, and which has as one of its objectives improvements in the terms and conditions of employment for the advancement of the welfare of the employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. (b) Unless otherwise provided in an agreement negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board shall, no later than the 10th day of each pay period for academic employees, draw its order upon the funds of the district in favor of the organization designated by the employee for an amount equal to the total of the dues or other deductions made with respect to that organization for the previous pay period and shall transmit the total amount to that organization no later than the 15th day of each pay period for academic employees. When timely transmittal of dues or other payments by a county is necessary for a community college district to comply with the provisions of this section, the county shall act in a timely manner. The governing board may deduct from the amount transmitted to the organization on whose account the dues or other payments were deducted the actual reasonable costs of making the deduction. (c) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. Whenever there is a change in the amount required for the payment to the organization, the employee organization shall provide the employee with adequate and necessary data on the change at a time sufficiently prior to the effective date of the change to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the terms of the written authorization. The employee organization shall provide the public school employer with notification of the change at a time sufficiently prior to the effective date of the change to allow the employer an opportunity to make the necessary adjustments and with a copy of the notification of the change which has been sent to all concerned employees. (d) The governing board shall not require the completion of a new deduction authorization when a dues or other change has been effected or at any other time without the express approval of the concerned employee organization. (e) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the district for any claims made by the employee for deductions made in reliance on that information. (f) A certified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a community college district a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the district for any claims made by the employee for deductions made in reliance on its notification. (Amended by Stats. 2018, Ch. 53, Sec. 3. (SB 866) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87834. Source version: id_ff613aa0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. The governing board of each community college district when drawing an order for the salary or wage payment due to an academic employee of the district shall, with or without charge, reduce the order for the payment of service fees to the certified or recognized organization as required in an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order. If the employees of a district do not authorize the board to make a deduction to pay their pro rata share of the costs of making deductions for the payment of service fees to the certificated or recognized organization, the board shall deduct from the amount transmitted to the organization on whose account the payments were deducted the actual costs, if any, of making the deduction. No charge shall exceed the actual cost to the district of the deduction. These actual costs shall be determined by the board and shall include startup and ongoing costs. (Amended by Stats. 1990, Ch. 1302, Sec. 176. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 8. Salaries [87801 - 87834.5] SECTION 87834.5. Source version: id_ff62c142-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=8. (a) Notwithstanding any other law, the governing board of a community college district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of an academic employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee. (b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section. (2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney fees and costs to the prevailing party if any party to the action requests attorney fees and costs. (Added by Stats. 2003, Ch. 344, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87860. Source version: id_ff62c146-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. It is the intent of the Legislature that part-time community college faculty and their eligible dependents have continuous access to health insurance benefits. (Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87860.5. Source version: id_ff62c148-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. There is hereby established the Part-Time Community College Faculty Health Insurance Program for the purpose of providing a state incentive program to encourage community college districts to offer health insurance for part-time faculty. (Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87861. Source version: id_b032de4a-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. For purposes of this article, the following definitions apply: (a) “Health insurance benefits” include medical benefits and may include vision or dental benefits. (b) “Multidistrict part-time faculty” refers to any faculty member whose total teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. “Multidistrict part-time faculty” does not include “part-time faculty” as defined in subdivision (c). (c) “Part-time faculty” refers to any faculty member whose teaching assignment equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. (d) The changes made to subdivision (c) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of those changes in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund those changes for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section. (Amended by Stats. 2026, Ch. 79, Sec. 25. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87862. Source version: id_eefc559f-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. The governing board of a community college district may provide a program of health insurance for part-time faculty, multidistrict part-time faculty, and their dependents. (Amended by Stats. 2022, Ch. 572, Sec. 11. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87863. Source version: id_f995f521-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. (a) A part-time faculty member and their eligible dependents are eligible to participate in the program established pursuant to this article. (b) A multidistrict part-time faculty member and their eligible dependents are eligible to participate in the program established pursuant to this article. (c) The changes made to subdivision (a) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of those changes in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund those changes for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section. (d) Any changes made pursuant to this section to the Part-time Community College Faculty Health Insurance Program shall not affect any part-time health insurance program in effect on January 1, 2000. (Amended by Stats. 2022, Ch. 572, Sec. 12. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87864. Source version: id_041b2243-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. A part-time faculty member, multidistrict part-time faculty member, or their dependents whose premiums for health insurance are paid by an employer other than a community college district are not eligible to participate in the program established pursuant to this article. (Amended by Stats. 2022, Ch. 572, Sec. 13. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87865. Source version: id_a57bcf4d-4027-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. (a) A multidistrict part-time faculty member who individually purchases health insurance benefits is eligible to participate in the program established pursuant to this article. (b) (1) A community college district shall reimburse a multidistrict part-time faculty member for the district’s proportionate share of the total health insurance premium paid by the multidistrict part-time faculty member, up to a proportionate share of the maximum of the full cost of the district’s most commonly subscribed family coverage plan. (2) The community college district’s proportionate share shall be determined by dividing the total health insurance premium paid by the multidistrict part-time faculty member by the total number of community college districts in which the multidistrict part-time faculty member works for purposes of meeting the requirements of subdivision (b) of Section 87861, and multiplying that quotient by the percentage of health care cost paid by the community college district toward the total cost of the health insurance premium. (c) A community college district may require reasonable documentation from a multidistrict part-time faculty member to verify that the faculty member’s total cumulative teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. A community college district may require reasonable documentation from a multidistrict part-time faculty member to determine the district’s proportionate share, as described in subdivision (b), which may include, but is not necessarily limited to, documentation verifying enrollment in a health insurance plan and the premium paid for the health insurance plan. (Added by Stats. 2022, Ch. 572, Sec. 14. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87866. Source version: id_ff6447f2-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. The governing board of each community college district that establishes a program pursuant to this article shall do both of the following: (a) Negotiate with the exclusive representative as to the payment of the portion of the health insurance premium that is not funded by the state. (b) By June 1 of each year, send verification to the Chancellor of the California Community Colleges as to the number of participants in the program. (Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87867. Source version: id_0eab72f5-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. (a) By June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount that equals up to one-half of the total cost of the individual premiums required to be paid for the health insurance coverage of participating part-time faculty, multidistrict part-time faculty, and their dependents in the district. (b) By June 15 of each year, the chancellor shall apportion any remaining funds appropriated for this program to each community college district that establishes a program pursuant to this article and meets all of the following criteria, up to the total cost of the individual premiums required to be paid for the health insurance coverage of participating part-time faculty, multidistrict part-time faculty, and their dependents in the district: (1) Offers health insurance coverage to all part-time faculty who meet the requirements in subdivision (c) of Section 87861. (2) Offers part-time faculty the same health insurance benefits provided to the full-time faculty at the community college district. (3) Limits individual premiums paid by part-time faculty to no more than the actual individual premium paid by full-time faculty in that district. (4) Offers health insurance coverage to all multidistrict part-time faculty who meet the requirements in subdivision (b) of Section 87861, and pursuant to Section 87865. (c) The chancellor shall distribute funds that have been appropriated specifically for this purpose, and pursuant to subdivisions (a) and (b), proportionally based on each community college district’s total costs for premiums for those districts that submit verification of the costs of premiums for eligible employees for a fiscal year, but in no event shall the allocation to any district exceed the full cost of the verified premiums. (d) If funds appropriated for this purpose remain after all apportionments for subdivisions (a) and (b) have been made, the balance that exceeds that amount shall revert to the General Fund annually. (Amended by Stats. 2022, Ch. 572, Sec. 15. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 3. Employment [87400 - 87894] ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] SECTION 87868. Source version: id_ff6447f6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=3.&article=9. It is the intent of the Legislature that ongoing funding for the purposes of this article be subject to annual Budget Act appropriations. (Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88000. Source version: id_ff6a628a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. This article, Article 2 (commencing with Section 88050), Article 4 (commencing with Section 88160), Article 5 (commencing with Section 88180), Article 6 (commencing with Section 88190), Article 8 (commencing with Section 88240), and Chapter 1 (commencing with Section 87000) shall apply to all classified employees of a community college district, whether a merit or nonmerit system district as authorized by this chapter unless the section specifically limits its application to nonmerit system districts. These provisions shall not apply to employees of a community college district lying wholly within a city and county that provides in its charter for a merit system of employment for employees employed in positions that are part of the classified service. (Amended by Stats. 1995, Ch. 758, Sec. 185. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88001. Source version: id_ff6a628c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. As used in this chapter the following terms mean: (a) “Classification” means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. (b) “Permanent,” as used in the phrase “permanent employee,” includes tenure in the classification in which the employee passed the required probationary period and includes all of the incidents of that classification. (c) “Regular,” as used in the phrase “regular classified employee,” or any similar phrase, refers to a classified employee who has probationary or permanent status. (d) “Demotion” means assignment to an inferior position or status without the employee’s written voluntary consent. (e) “Disciplinary action” includes any action whereby an employee is deprived of any classification or any incident of any classification in which he or she has permanence, including dismissal, suspension, demotion, or any reassignment, without his or her voluntary consent, except a layoff for lack of work or lack of funds. (f) “Reclassification” means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in that position. (g) “Layoff for lack of funds or layoff for lack of work” includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. (h) “Cause,” relating to disciplinary actions against classified employees, means those grounds for discipline or offenses enumerated in the law or the written rules of a community college employer. No disciplinary action may be maintained for any “cause” other than as defined herein. This section shall not apply to districts to which Article 3 (commencing with Section 88060) is applicable. This section shall not apply to any district which, during the 1973–74 college year, had an average daily attendance of 100,000 or more. (Amended by Stats. 1995, Ch. 758, Sec. 186. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88002. Source version: id_ff6a628e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) For the purposes of this section, every classified employee shall be deemed to be employed for 12 months during each college year regardless of the number of months in which he or she is normally in paid status. (b) If, during a college year, it is necessary to assign a regular classified employee to perform an assignment or service in addition to his or her regular assignment, a community college district shall pay the classified employee on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular college year, unless the community college district has negotiated a contract that allows for a lesser pay scale. A community college district shall inform a classified employee of the compensation and benefits of the additional assignment or service before the employee commences the additional assignment or service. (c) A community college district that, in any college year, maintains school sessions at times other than during the regular academic year shall assign for service, during those times, regular classified employees of the district. (d) If it is necessary to assign classified employees not regularly so assigned to serve between the end of one academic year and the commencement of another, the assignment shall be made on the basis of qualifications for employment in each classification of service that is required. (1) A community college district may not require a classified employee whose regular yearly assignment for service excludes all, or any part of, the period between the end of the academic year to the beginning of the next academic year to perform services during that period. (2) A classified employee, for services performed as provided in this subdivision, shall receive, on a pro rata basis, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular academic year. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 2003, Ch. 280, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88003. Source version: id_13b35da1-fcf1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) The governing board of a community college district shall employ persons for positions that are not academic positions. The governing board of a community college district, except where Article 3 (commencing with Section 88060) or Section 88137 applies, shall classify all those employees and positions. The employees and positions shall be known as the classified service. Substitute and short-term employees, employed and paid for less than 75 percent of a college year, shall not be a part of the classified service. Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in a college work-study program, or in a work experience education program conducted by a community college district and that is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a community college district, except as authorized by this section. (b) “Substitute employee,” as used in this section, means a person employed to replace a classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in a classified position, the governing board of the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time. (c) “Short-term employee,” as used in this section, means a person who is employed to perform a service for the community college district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board of a community college district, at a regularly scheduled meeting of the governing board of the community college district, shall specify the service required to be performed by the employee pursuant to the definition of “classification” in subdivision (a) of Section 88001, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board of the community college district, but shall not extend beyond 75 percent of a school year. (d) “Seventy-five percent of a college year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day. (e) Employment of either full-time or part-time students in a college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services. (f) This section shall apply only to community college districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060). (g) An employee employed by a community college district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the community college district. (Amended by Stats. 2018, Ch. 488, Sec. 2. (AB 2160) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88003.1. Source version: id_3a1099c8-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met: (1) The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the community college district, provided that: (A) In comparing costs, there shall be included the community college district’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the community college district’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the community college district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing community college district costs that would be directly associated with the contracted function. These continuing community college district costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not undercut community college district pay rates. (3) The contract does not cause the displacement of community college district employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district. (4) The savings shall be large enough to ensure that they will not be eliminated by private sector and community college district cost fluctuations that could normally be expected during the contracting period. (5) The amount of savings clearly justify the size and duration of the contracting agreement. (6) The contract is awarded through a publicized, competitive bidding process. (7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards. (8) The potential for future economic risk to the community college district from potential contractor rate increases is minimal. (9) The contract is with a firm. A “firm” means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship. (10) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the community college district. (b) Notwithstanding any other provision of this chapter, personal services contracting shall also be permissible when any of the following conditions can be met: (1) The contract is for new community college district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted are not available within community college districts, cannot be performed satisfactorily by community college district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the community college district. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The policy, administrative, or legal goals and purposes of the community college district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) The nature of the work is such that the criteria for emergency appointments apply. “Emergency appointment” means an appointment made for a period not to exceed 60 working days either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency employee shall be determined by the community college district. The frequency of appointment, length of employment, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process. (6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the community college district in the location where the services are to be performed. (7) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under the community college district’s regular or ordinary hiring process would frustrate their very purpose. (c) This section shall apply to all community colleges, including community college districts that have adopted the merit system. (d) This section shall apply to personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor. (Amended by Stats. 2010, Ch. 328, Sec. 58. (SB 1330) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88004. Source version: id_ff6be934-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Every position not defined by the regulations of the board of governors as an academic position and not specifically exempted from the classified service according to the provisions of Section 88003 or 88076 shall be classified as required by those sections and shall be a part of the classified service. These positions may not be designated as academic by the governing board of a district nor shall the assignment of a title to any such a position remove the position from the classified service. Nothing in this section shall be construed to prohibit anyone from being employed in a classification because he or she possesses the minimum qualifications required of faculty members or academic administrators, nor shall the possession of those qualifications be grounds for the elimination of an individual from consideration for employment in a classified position. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 1990, Ch. 1302, Sec. 179. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88004.5. Source version: id_ff6d6fd6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. All contracts for management consulting services relating to food service shall be governed by this section. (a) Notwithstanding Sections 88003, 88004, 88020.5, and 88076, any community college district may enter into a contract for management consulting services relating to food service for a term not to exceed one year. Any renewal of that contract, or further requests for proposals to provide food service management consulting services, shall be considered on a year-to-year basis. A contract for food service management consulting services shall not cause or result in the elimination of any food service classified personnel or position. A contract for food service management consulting services shall not cause or result in any adverse effect upon any food service classified personnel or position with respect to wages, benefits, or other terms and conditions of employment. (b) A contract made pursuant to subdivision (a) shall not provide for, or result in the supervision of, food service classified personnel by the food service management consultant. This section shall not be construed to prevent an entity providing food service management consulting services from interacting or consulting with the food service manager or director, supervisors, or food service classified employees of the community college district on matters relating to food services except those prohibited by subdivision (a). (c) Sections 88021, 88022, 88023, 88024, and 88025, and any other health criteria established by the local community college district, are applicable to all persons providing food service management consulting services under this section. (d) This section shall apply to all community college districts, including districts that have adopted the merit system. (Amended by Stats. 1995, Ch. 758, Sec. 189. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88005. Source version: id_ff6d6fd8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) Nonacademic positions created by a governing board of a school district under the Manpower Development and Training Act of 1962, the Economic Opportunity Act of 1964, the Elementary and Secondary Education Act of 1965, or Section 11300 or Section 13650 of the Welfare and Institutions Code, any future federal or state legislative enactment, or any other special funding, and which are not a part of the regular school program shall, nevertheless, be a part of the classified service as established by Section 88003 or Section 88076 of this code. Persons employed in such positions shall be classified employees and shall enjoy all the rights, burdens and benefits accorded other classified employees. Their selection and retention shall be made on the same basis as that of persons selected for positions that are a part of the regular school program. (b) Notwithstanding the provisions of subdivision (a), if specially funded positions are restricted to employment of persons in low-income groups, from designated impoverished areas and other criteria which restricts the privilege of all citizens to compete for employment in such positions, all such positions shall, in addition to the regular class title, be classified as “restricted.” Their selection and retention shall be made on the same basis as that of persons selected and retained in positions that are a part of the regular school program, except that persons employed in the following categories of restricted positions shall not be subject to the provisions of Section 88091 or 88092: (1) The position of instructional aide, as defined in Section 88243. (2) Any other position involving personal contacts with students or parents that is established to assist school-staff personnel responsible for school-community relations; educational support services for such areas as counseling, library or health; or the correction or prevention of behavioral problems. Persons employed in positions properly classified as “restricted” shall be classified employees for all purposes except: (A) They shall not be accorded employment permanency under Section 88013 or Section 88120 of the Education Code, whichever is applicable. (B) They shall not acquire seniority credits for the purposes of Sections 88117 and 88127 of the Education Code or, in a district not having the merit (civil service) system, for the purposes of layoff for lack of work or lack of funds as may be established by rule of the governing board. (C) The provisions of Sections 88106 and 88108 shall not apply to “restricted” employees. (D) They shall not be eligible for promotion into the regular classified service or, in districts that have adopted the merit system, shall not be subject to the provisions of Section 88061, until they have complied with the provisions of subdivision (c). (c) At any time, after completion of six months of satisfactory service, a person serving in a “restricted” position shall be given the opportunity to take such qualifying examinations as are required for all other persons serving in the same class in the regular classified service. If the person satisfactorily completes the qualifying examination, regardless of final numerical listing on an eligibility list, he or she shall be accorded full rights, benefits and burdens of any other classified employee serving in the regular classified service. His or her service in the regular classified service shall be counted from the original date of employment in the “restricted” position and shall continue even though he or she continues to serve in a “restricted” position. (d) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (e) It is the intent of the Legislature in enacting this section to clearly set forth that positions normally a part of the classified service are included therein regardless of the source of income to sustain the positions and to effectively implement specially funded programs intended to provide job opportunities for untrained and impoverished persons but to do so in a manner that will not be disruptive nor detrimental to the normal employment procedures relating to classified school service. (Amended by Stats. 1990, Ch. 1302, Sec. 180. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88005.1. Source version: id_ff6d6fda-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. The governing board of a community college district may establish positions and employ persons in public service employment positions which are funded by the Comprehensive Employment and Training Act (CETA) and which are restricted by the act to a limited duration of participation. The positions shall be a part of the classified service. Persons so employed shall be classified employees for all purposes except that they shall not be subject to the provisions of Sections 88091 and 88092, and they shall not acquire permanent status or seniority credit for the purpose of layoff or reemployment. Retirement benefits shall be subject to the applicable federal law. Persons employed in and occupying such positions shall be eligible to apply for any position or class of positions within the classified service for which they meet the qualifications, and, upon employment in the regular classified service, shall have their classified service counted from the original date of employment in the CETA position. (Added by Stats. 1980, Ch. 714, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88006. Source version: id_ff6d6fdc-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Notwithstanding the provisions of Section 88003 or Section 88076, which exempt certain types of positions or categories of personnel from the classified service of a community college district, persons serving in exempt positions or who serve in classified positions but are exempted from the classified service shall, nevertheless, be subject to the provisions of Sections 87408.6, 88021, 88022, 88023 and 88024. The governing board of every district shall, by rule or regulation, provide for the implementation of this section. The provisions of this section shall not apply to full-time day students regularly attending in the district of employment. (Amended by Stats. 1982, Ch. 251, Sec. 43. Effective June 11, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88007. Source version: id_ff6d6fde-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) The “act” as used in this section shall mean the Federal Emergency Employment Act of 1971 (Public Law 92-54) or any similar federal law hereafter enacted to provide transitional employment in public service positions for unemployed or underemployed persons. (b) Funds derived from the act shall not be expended for work that: (1) would otherwise have been performed at federal, state, or local expense; (2) will not result in an increase over the employment which would otherwise be available; (3) which will result in the displacement of permanent members of the classified service (including partial displacement, such as reduction in the hours of nonovertime work or wages or employment benefits); (4) or which will impair existing rights of permanent members of the classified service. (c) If during the term of a contract or renewal thereof, executed under the act, a community college district is engaged in layoffs for lack of work or lack of funds of permanent classified employees serving in regular positions and is employing personnel or contemplates employing personnel in like or reasonably similar positions under the act, a report shall be submitted by the superintendent of schools to the governing board clearly demonstrating and substantiating the fact that the duties being performed by the permanent employees in regular positions who are being laid off will not be performed by personnel employed under the act. Approval of the report by the governing board shall constitute its acceptance of the facts, as contained therein, and based thereon its affirmation of compliance with the contract executed under the act and this section. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88008. Source version: id_ff6ef680-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. If the governing board of a community college district establishes positions in the categories described below and restricts initial appointments of new employees to persons in low-income groups or residing in specifically designated areas of the community, then such positions shall, in addition to the regular class title, be classified as “restricted.” The positions shall be part of the classified service and persons so employed shall be classified employees for all purposes except that (1) they shall not be subject to the provisions of Section 88091 or 88092, and (2) they shall not acquire permanent status or seniority credit and shall not be eligible for promotion into the regular classified service until they have complied with the provisions of subdivision (c) of Section 88005. The categories of positions for which the governing board may establish restrictions under this section are: (a) The position of instructional aide, as defined in Section 88243. (b) Any other position involving personal contacts with students or parents, that is established to assist college staff personnel responsible for college-community relations; educational support services for such areas as counseling, library, or health; or the correction or prevention of behavioral problems. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Added by Stats. 1981, Ch. 470, Sec. 404.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88009. Source version: id_ff6ef682-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Governing boards shall fix and prescribe the duties to be performed by all persons in the classified service and other nonacademic positions of the community college district, except those persons employed as a part of a personnel commission staff as provided in Article 3 (commencing with Section 88060) of this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 1990, Ch. 1302, Sec. 181. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88010. Source version: id_ff6ef684-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Classified employees shall not be required to perform duties that are not fixed and prescribed for the position by the governing board in accordance with Section 88009, unless the duties reasonably relate to those fixed for the position by the board, for any period of time that exceeds five working days within a 15-calendar-day period except as authorized herein. An employee may be required to perform duties inconsistent with those assigned to the position by the governing board for a period of more than five working days if his or her salary is adjusted upward for the entire period he or she is required to work out of classification and in amounts that will reasonably reflect the duties required to be performed outside his or her normal assigned duties. Notwithstanding this section, a personnel commission and governing board, or a governing board in a nonmerit system district, by written rule, may provide for an upward salary adjustment for any classified employee required to work out of classification for any period of time less than that required herein. It is the intent of this section to permit community college districts to temporarily work employees outside of their normal duties but in so doing to require that some additional compensation be provided the employee during such temporary assignments. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 190. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88010.5. Source version: id_ff6ef686-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. A classified employee employed by any community college district that decides to maintain classes on Saturday or Sunday, or both, shall not, without his or her written consent, be required to change his or her workweek to include Saturday or Sunday, or both. No classified employee shall be assigned to perform services on a Saturday or Sunday if the classified employee objects in writing that the assignment would conflict with his or her religious beliefs or practices. Enactment of this section shall cause no change or disruption in existing work schedules that may already include Saturday or Sunday as regular workdays. This section shall not be construed as limiting the power of any governing board of a community college district to govern the schools of the district, including the assignment of classified employees employed by the district. This section shall not be construed as modifying or otherwise affecting Section 88026, 88027, 88030, or 88040 or any other provisions of this code relating to employment of classified employees. (Amended by Stats. 1993, Ch. 139, Sec. 1. Effective July 19, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88011. Source version: id_ff707d28-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. No community college district may adopt or maintain any rule or regulation which requires a candidate for a position in the classified service to be a resident of the district or to become a resident of the district, or which requires that an employee maintain residency within the district; nor may a district grant preferential points or other preferential treatment to those candidates or employees who are residents of the district. This section shall not apply to restricted positions as provided for in Sections 88005 and 88008. The Legislature in enacting this section recognizes that the public school system of this state is the property of all its citizens, and that all qualified candidates for positions in the classified service, regardless of residence, should be granted the opportunity to compete for and obtain such positions based solely on merit and fitness. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88012. Source version: id_ff707d2a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. If the governing board of any community college district employs staff assistants or field representatives to directly assist the governing board or individual governing board members in carrying out their policymaking duties, such assistants or representatives shall be members of the classified service, except that such assistants or representatives shall be exempt from all provisions of this code relating to obtaining a permanent status in any position in the district, and procedures pertaining to the recruitment, appointment, classification, and salary of members of the classified service. Staff assistants shall serve at the pleasure of a majority of the governing board, and each field representative appointed by the governing board to assist an individual member shall serve at the pleasure of such member. It is the intent of the Legislature that persons employed under Section 88012 will not be utilized for election campaigns of board members during hours of their employment. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88013. Source version: id_cb5e7810-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted. (b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive. (c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employee’s right to a hearing on those charges, and the time within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void. (d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district. (e) This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. (f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the district’s policies or regulations. (2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. (3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement. (g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060). (h) To the extent that this section, as amended by Assembly Bill 275 of the 2021–22 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 2021–22 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. (Amended by Stats. 2022, Ch. 913, Sec. 2. (AB 2413) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88014. Source version: id_ff707d2e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Notwithstanding Section 88013, the governing board may lay off and reemploy classified employees only in accordance with procedures provided by Sections 88117 and 88127, except the term “personnel commission,” as used in Section 88117, shall be construed to mean the governing board. (Amended by Stats. 1995, Ch. 758, Sec. 192. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88015. Source version: id_ff707d30-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Notwithstanding any other provision of law, any person who was subject to being, or was in fact, laid off for lack of work or lack of funds and who elected service retirement from the Public Employees’ Retirement System shall be placed on an appropriate reemployment list. The district shall notify the Board of Administration of the Public Employees’ Retirement System of the fact that retirement was due to layoff for lack of work or of funds. If the person is subsequently subject to reemployment and accepts, in writing, the appropriate vacant position, the district shall maintain the vacancy until the Board of Administration of the Public Employees’ Retirement System has properly processed his or her request for reinstatement from retirement. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 193. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88016. Source version: id_ff707d32-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. A notice of disciplinary action shall contain a statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary action is based, a statement of the cause for the action taken and, if it is claimed that an employee has violated a rule or regulation of the public school employer, such rule or regulation shall be set forth in said notice. A notice of disciplinary action stating one or more causes or grounds for disciplinary action established by any rule, regulation, or statute in the language of the rule, regulation, or statute, is insufficient for any purpose. A proceeding may be brought by, or on behalf of, the employee to restrain any further proceedings under any notice of disciplinary action violative of this provision. This section shall apply to proceedings conducted under the provisions of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88017. Source version: id_baffd649-403b-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) (1) No later than March 15 and before a classified employee is given notice by the governing board of the community college district that the classified employee’s services will not be required for the ensuing year, the governing board of the community college district and the employee shall be given written notice by the superintendent of the community college district or the superintendent’s designee, or, in the case of a community college district that has no superintendent, by the clerk or secretary of the governing board of the community college district, that it has been recommended that the notice be given to the employee, and stating the reasons therefor. (2) Until the classified employee has requested a hearing as provided in subdivision (b) or has waived their right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section. (b) A classified employee may request a hearing to determine if there is cause for not reemploying the employee for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice, on or before a date specified in subdivision (a), which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, this failure to do so shall constitute waiver of the employee’s right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision. (c) If a hearing is requested by a classified employee under subdivision (b), the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board of a community college district shall have all the powers granted to an agency in that chapter, except that all of the following shall apply: (1) The respondent shall file their notice of defense, if any, within five days after service upon the respondent of the accusation and the respondent shall be notified of this five-day period for filing the accusation. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if a request is made for discovery within 15 days after service of the accusation, and the notice required by Section 11505 of the Government Code shall so indicate. (3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the colleges and the students thereof. The proposed decision shall be prepared for the governing board of the community college and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board of the community college shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board of the community college or on any court in future litigation. Copies of the proposed decision shall be submitted to the governing board of the community college and to the classified employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board of the community college from community college district funds. (4) An employee may be represented at the hearing by an attorney or by a nonattorney representative of the employee organization designated as the exclusive representative of the employees in the employee’s classification, if any. (d) (1) The determination of the governing board of a community college district to not reemploy a classified employee for the ensuing college year shall be for cause only. The determination of the governing board of the community college district as to the sufficiency of the cause pursuant to this section shall be conclusive, but the cause shall relate solely to the welfare of the colleges and the students thereof and provided that cause is a bona fide lack of funds or reduction in services. The decision made after the hearing shall be effective on May 15 of the year the proceeding is commenced. (2) For purposes of this section, “cause” for layoff includes community college district compliance with the seniority requirements of this code, including Section 88127. (e) Notice of termination to the classified employee by the governing board of the community college district that the employee’s service will not be required for the ensuing year shall be given no later than May 15. (f) If the governing board of a community college district notifies a classified employee that the employee’s services will not be required for the ensuing year, the governing board of the community college district, within 10 days after receipt of the employee’s written request, shall provide the employee with a statement of its reasons for not reemploying the employee for the ensuing college year. (g) Any notice or request under this section shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid, and addressed to the last known address of the employee. (h) (1) If the governing board of a community college district does not give notice provided for in subdivision (e) on or before May 15, a permanent employee shall be deemed reemployed for the ensuing college year, except that this section shall not be construed to interfere with the right of a district to release probationary employees who never become permanent without notice or hearing. (2) For purposes of this subdivision, “permanent employee” includes an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after the date of the required notice. (i) If, after request for hearing pursuant to subdivision (b), any continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivisions (c), (d), (e), and (h) that occur on or after the date of granting the continuance shall be extended for a period of time equal to the continuance. (j) (1) A classified employee shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. This subdivision does not create a layoff notice requirement for any individual hired as a short-term employee, as defined in Section 88003, for a period not exceeding 60 days. (2) This subdivision does not apply to the retention of a short-term employee, as defined in Section 88003, who is hired for a period not exceeding 60 days after which the short-term service may not be extended or renewed. (k) Notwithstanding the other requirements of this code respecting layoff of permanent classified employees, when classified positions must be eliminated as a result of the expiration of a specially funded program, the employees to be laid off shall be given written notice not less than 60 days prior to the effective date of their layoff informing them of their layoff date and their displacement rights, if any, and reemployment rights. (l) If, after January 1, 2021, the Legislature provides academic employees with any additional rights to notice or hearing as to layoffs, then permanent classified employees and those who become permanent classified employees shall be afforded the same rights by the community college district. (m) The governing board of a community college district may adopt, from time to time, rules and procedures not inconsistent with this section that may be necessary to effectuate this section. (n) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 2022, Ch. 571, Sec. 42. (AB 185) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88018. Source version: id_ff7203d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Any division, uniting, unionization, annexation, merger, or change of community college district boundaries shall not affect the rights of persons employed in nonacademic positions to continue in employment for not less than two years and to retain the salary, leaves and other benefits which they would have had had the reorganization not occurred, and in the manner provided in this article: (a) All employees of every community college district which is included in any other district, or all districts included in a new district, shall become employees of the new district. (b) When a portion of the territory of any district becomes part of another district employees regularly assigned to perform their duties in the territory affected shall become employees of the acquiring district. Employees whose assignments pertained to the affected territory, but whose employment situs was not in such territory, may elect to remain with the original district or become employees of the acquiring district. (c) When the territory of any district is divided between or among two or more districts and the original district ceases to exist, employees of the original district regularly assigned to perform their duties in any specific territory of such district shall become employees of the district acquiring the territory. Employees not assigned to specific territory within the original district shall become employees of any acquiring district at their election. (d) Employees regularly assigned by the original district to any school in said district shall be an employee of the district in which said school is located. Except as herein provided, nothing herein shall deprive the governing board of the acquiring district from making reasonable reassignments of duties. (Amended by Stats. 1990, Ch. 1302, Sec. 183. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88019. Source version: id_ff7203d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Whenever, by reason of any reorganization, other than the unification of districts, all or part of the territory of any community college district which has adopted the merit system is included within any district, or in any new district, the governing board of the acquiring or new district shall adopt such merit system. In the event that any district simultaneously acquires all or part of the territory of two or more districts which have previously adopted the merit system the governing board of the acquiring or new district shall adopt a merit system containing such provisions as are necessary to afford to all employees the rights guaranteed by this section. The employees of the reorganized or new district shall retain all rights and privileges as if they had been employed under the provisions of Article 3 (commencing with Section 88060) of this chapter, with seniority commencing as of the date of original employment in their original district. Where there are more than a sufficient number of employees for a given classification under the provisions of Article 3 (commencing with Section 88060) of this chapter, such personnel shall be retained in employment for a period of not less than two years as if the reorganization had not occurred but without prejudice to the powers of the personnel commission and governing board of the reorganized district to reasonably reassign such persons. If at the expiration of such period, upon a finding made by the personnel commission that there are excess personnel in any given classification, such personnel shall, if the governing board so directs, be placed upon appropriate reemployment lists for 39 months and, if so placed, shall be offered and may accept positions of lower rank in their line of promotion in the order of seniority as established by this section in accordance with rules drawn in compliance with the provisions of Article 3 (commencing with Section 88060) of this chapter. The acceptance of a position in lower rank in accordance herewith shall not be deemed to constitute a waiver of the right to reemployment at the original level should a vacancy at such level occur within the period mentioned in this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88020. Source version: id_ff7203da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Any person, not a student or substitute employee, who has been employed by a community college student body organization pursuant to Section 76060 for a period of at least six months immediately preceding becoming a member of the classified service pursuant to Section 76060 or 81676 shall, without examination, be deemed to be a permanent classified service employee of the community college district. Any person not a student or substitute employee employed by a student body organization pursuant to Section 76060 for less than six months immediately preceding becoming a member of the classified service pursuant to Section 76060 or 81676 shall, without examination, be deemed to be a probationary classified employee of the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 194. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88020.5. Source version: id_ff738a7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. The governing board of a community college district shall employ persons for food service positions as a part of the classified service. (Added by Stats. 1990, Ch. 1372, Sec. 705.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88021. Source version: id_ff738a7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Whenever a governing board of a community college district requires a physical examination to be taken by a classified employee or employees, either by rule or by its direction or the direction of its authorized district administrator; or when classifed employees are required by law to submit to a physical examination for continuance in employment, the board shall either provide the required examination, cause it to be provided, or provide the employee with reasonable reimbursement for the required examination. If the governing board requires a physical examination or an examination is required by law as a condition of preemployment, it may cause the required examination to be given. It may, if an applicant is required to take a preemployment physical examination, provide for reasonable reimbursement if the applicant is subsequently employed by the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88022. Source version: id_ff738a80-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. No person shall be employed or retained in employment by a community college district who has been convicted of any sex offense as defined in Section 87010 or controlled substance offense as defined in Section 87011. If, however, any such conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter. Further, the governing board of a community college district may employ a person convicted of a controlled substance offense if the governing board of the district determines, from the evidence presented, that the person has been rehabilitated for at least five years. The governing board shall determine the type and manner of presentation of the evidence, and the determination of the governing board as to whether or not the person has been rehabilitated is final. (Amended by Stats. 1984, Ch. 1635, Sec. 38.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88023. Source version: id_ff738a82-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. No person shall be employed or retained in employment by a community college district who has been determined to be a sexual psychopath, as defined in Section 6300 of the Welfare and Institutions Code or under similar provisions of law of any other state. If, however, such a determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding, or the proceeding to determine whether he or she is a sexual psychopath is dismissed, this section does not prohibit his or her employment thereafter. (Amended by Stats. 1995, Ch. 758, Sec. 195. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88024. Source version: id_ff738a84-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. The governing board of any community college district, within 10 working days of date of employment, shall require each person to be employed, or employed in, a nonacademic position to have two 8″× 8″ fingerprint cards bearing the legible rolled and flat impressions of that person’s fingerprints together with a personal description of the applicant or employee, as the case may be, prepared by a local public law enforcement agency having jurisdiction in the area of the district, which agency shall transmit the cards, together with the fee hereinafter specified, to the Department of Justice; except that a district, or districts with a common board, having a full-time equivalent student of 60,000 or more may process the fingerprint cards if the district so elects. “Local public law enforcement agency,” as used in this section and in Section 88025, includes a community college district with full-time equivalent students of 60,000 or more. Upon receiving the identification cards, the Department of Justice shall ascertain whether the applicant or employee has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department and shall forward that information to the local public law enforcement agency submitting the applicant’s or employee’s fingerprints at the earliest possible date. The Department of Justice may forward one copy of the fingerprint cards submitted to any other bureau of investigation it may deem necessary in order to verify any record of previous arrests or convictions of the applicant or employee. The governing board of each district shall forward a request to the Department of Justice indicating the number of current employees who have not completed the requirements of this section. The Department of Justice shall direct when the cards are to be forwarded to it for processing. Districts that previously have submitted identification cards for current employees to either the Department of Justice or the Federal Bureau of Investigation shall not be required to further implement the provisions of this section as it applies to those employees. A plea or verdict of guilty, or a finding of guilt by a court in a trial without a jury or forfeiture of bail, is deemed to be a conviction within the meaning of this section, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering of a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. The governing board shall provide the means whereby the identification cards may be completed and shall charge a fee determined by the Department of Justice to be sufficient to reimburse the department for the costs incurred in processing the application. The amount of the fee shall be forwarded to the Department of Justice with two copies of applicant’s or employee’s fingerprint cards. The governing board may collect an additional fee not to exceed two dollars ($2) payable to the local public law enforcement agency taking the fingerprints and completing the data on the fingerprint cards. The additional fees shall be transmitted to the city or county treasury. If an applicant is subsequently hired by the board within 30 days of the application, the fee may be reimbursed to the applicant. Funds not reimbursed to applicants shall be credited to the general fund of the district. If the fingerprint cards forwarded to the Department of Justice are those of a person already in the employ of the governing board, the district shall pay the fee required by this section, which fee shall be a proper charge against the general fund of the district, and no fee shall be charged the employee. Notwithstanding the foregoing, substitute and temporary employees, employed for less than a school year, may be exempted from these provisions. This section shall not apply to a district, or districts with a common board, that has an average daily attendance of 400,000 or greater, or to a community college district wholly within a city and county, unless the governing board of the district or districts, by rule, provides for adherence to this section. (Amended by Stats. 1995, Ch. 758, Sec. 196. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88025. Source version: id_ff738a86-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in Section 88024, furnish, upon application of a local public law enforcement agency all information pertaining to any such person of whom there is a record in its office. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88026. Source version: id_ff751128-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. The workweek of a classified employee, as defined in Section 88033 or Section 88076, shall be 40 hours. The workday shall be eight hours. These provisions do not restrict the extention of a regular workday or workweek on an overtime basis when such is necessary to carry on the business of the district. Nothing in this section shall be deemed to bar the district from establishing a workday of less than eight hours or a workweek of less than 40 hours for all or any of its classified positions. Notwithstanding the provisions of this section and Section 88027, a governing board may, with the approval of the personnel commission, where applicable, exempt specific classes of positions from compensation for overtime in excess of eight hours in one day, provided that hours worked in excess of 40 in a calendar week shall be compensated on an overtime basis. Such exemption shall be applied only to those classes which the governing board and personnel commission, where applicable, specifically find to be subject to fluctuations in daily working hours not susceptible to administrative control, such as security patrol and recreation classes, but shall not include food-service and transportation classes. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88027. Source version: id_ff75112a-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. The governing board of each community college district shall provide the extent to which, and establish the method by which ordered overtime is compensated. The board shall provide for such compensation or compensatory time off at a rate at least equal to time and one-half the regular rate of pay of the employee designated and authorized to perform the overtime. Overtime is defined to include any time required to be worked in excess of eight hours in any one day and in excess of 40 hours in any calendar week. If a governing board establishes a workday of less than eight hours but seven hours or more and a workweek of less than 40 hours but 35 hours or more for all of its classified positions or for certain classes of classified positions, all time worked in excess of the established workday and workweek shall be deemed to be overtime. The foregoing provisions do not apply to classified positions for which a workday of fewer than seven hours and a workweek of fewer than 35 hours has been established, nor to positions for which a workday of eight hours and a workweek of 40 hours has been established, but in which positions employees are temporarily assigned to work fewer than eight hours per day or 40 hours per week when such reduction in hours is necessary to avoid layoffs for lack of work or lack of funds and the consent of the majority of affected employees to such reduction in hours has been first obtained. For the purpose of computing the number of hours worked, time during which an employee is excused from work because of holidays, sick leave, vacation, compensating time off, or other paid leave of absence shall be considered as time worked by the employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88028. Source version: id_ff75112c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. When compensatory time off is authorized in lieu of cash compensation, such compensatory time off shall be granted within 12 calendar months following the month in which the overtime was worked and without impairing the services rendered by the employing district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88029. Source version: id_ff75112e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Notwithstanding Sections 88026 and 88027, a personnel commission, when applicable, or a governing board of a community college district, may specify certain positions or classes of positions as supervisory, administrative, or executive and exclude the employees serving in those positions and the positions from the overtime provisions. To be excluded from the overtime provisions, the positions or classes of positions must clearly and reasonably be management positions. In approving positions or classes of positions for exclusion from the overtime provisions, the personnel commission, when applicable, or the governing board of a district, shall certify, in writing, that the duties, flexibility of hours, salary, benefit structure, and authority of the positions or classes of positions are of such a nature that they should be set apart from those positions that are subject to the overtime provisions, and that employees serving in the excluded positions or classes of positions will not be unreasonably discriminated against as a result of the exclusion. Notwithstanding the provisions of this section, if a person serving in an excluded position is required to work on a holiday, as provided for in this code, or by action of a governing board, he or she shall be paid, in addition to his or her regular pay for the holiday, compensation, or given compensating time off, at a rate not less than his or her normal rate of pay. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1993, Ch. 139, Sec. 2. Effective July 19, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88030. Source version: id_ff7697d0-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Notwithstanding Section 88026, the workweek shall consist of not more than five consecutive working days for any employee having an average workday of four hours or more during the workweek. Such an employee shall be compensated for any work required to be performed on the sixth or seventh day following the commencement of the workweek at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. An employee having an average workday of less than four hours during a workweek shall, for any work required to be performed on the seventh day following the commencement of his or her workweek, be compensated for at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. Positions and employees excluded from overtime compensation pursuant to Section 88029 shall likewise be excluded from this section. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 197. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88033. Source version: id_5f4fb8aa-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) Notwithstanding any other provisions of law, no minimum or maximum age limits shall be established for the employment or continuance in employment of persons as part of the classified service. (b) Any person possessing all of the minimum qualifications for any employment shall be eligible for appointment to that employment, and no rule or policy, either written or unwritten, heretofore or hereafter adopted, shall prohibit the employment or continued employment, solely because of the age of any such person in any community college employment who is otherwise qualified therefor. (c) No person shall be employed in community college employment while he or she is receiving a retirement allowance under any retirement system by reason of prior school or community college employment, except as provided in Article 5 (commencing with Section 21150) of Chapter 8 of Part 3 of Division 5 of Title 2 of the Government Code. (d) Subdivision (c) shall be inapplicable to persons who were employed in the classified service of any community college district as of September 18, 1959, and who are still employed by the same district on September 15, 1961, and the rights of those persons shall be fixed and determined as of September 18, 1959, and none of these persons shall be deprived of any right to any retirement allowance or eligibility for any such allowance to which he or she would have been entitled as of that date. Any such person who, by reason of any provision of law to the contrary, has been deprived of any right to retirement allowance or eligibility for such an allowance, shall, upon the filing of application therefor, be reinstated to those rights as he or she would have had, had this subdivision been in effect on September 18, 1959. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 2004, Ch. 183, Sec. 83. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88034. Source version: id_ff7697d4-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Notwithstanding the provisions of subdivision (c) of Section 88033, a retired classified school employee may be employed by a community college district, but only in accordance with the provisions of Article 5 (commencing with Section 21150) of Chapter 8 of Part 3 of Division 5 of Title 2 of the Government Code. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88035. Source version: id_ff7697d6-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. All probationary and permanent part-time classified employees shall be entitled to sick leave, and all other benefits conferred by law on classified employees. Part-time employees shall be entitled to all leaves and benefits granted by the governing board to a majority of the regular full-time employees in the classified service of the district or to regular full-time employees in the same classified positions or general class of positions; but such leaves and benefits may be prorated in the same ratio as the regular work hours per day, days per week, weeks per month, or months per year of such part-time employees bear to eight hours per day, 40 hours per calendar week, four calendar weeks per month, or 12 calendar months during the school year. Except for prorating benefits for part-time employees as herein authorized, the governing board shall provide at least the same benefits for all regular employees in the classified service as it provides for the majority of such employees. Nothing in this section shall be construed to prohibit the granting of additional benefits for some employees in recognition of nature of work, level of classification, or length of service. This section shall not apply to employees properly designated as substitute, short-term, or limited-term employees, as defined in Sections 88003 and 88105, unless such employees are specifically included by a governing board, or by a personnel commission for those districts included under the provisions of Article 3 (commencing with Section 88060) of this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. This section shall not apply to those benefits authorized under the provisions of Article 1 (commencing with Section 53200) of Chapter 2 of Part 1, of Division 2 of Title 5 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88036. Source version: id_ff7697d8-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. A classified employee who works a minimum of 30 minutes per day in excess of his or her part-time assignment for a period of 20 consecutive working days or more shall have his or her basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 88035. If a part-time employee’s average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his or her average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime. Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the college year in which the employee is assigned to duty. It is the intent of the Legislature, in enacting this section, to ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee, rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to be liberally construed in order that Section 88035 may not be circumvented by requiring employees to work in excess of the regularly fixed hours for a position on an overtime basis, but for which premium pay is not provided nor appropriate adjustment is not made in fringe benefit entitlement. (Amended by Stats. 1995, Ch. 758, Sec. 201. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88037. Source version: id_ff7697da-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. The governing board of any community college district may require the wearing of a distinctive uniform by classified personnel. The cost of the purchase, lease or rental of uniforms, equipment, identification badges, emblems, and cards required by the district shall be borne by the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88038. Source version: id_ff781e7c-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. Notwithstanding any other provision of this part, the governing board of a community college district may establish regulations which allow their classified employees to reduce their workload from full-time to part-time duties. The regulations shall include, but shall not be limited to, the following, if classified employees wish to reduce their workload and maintain retirement benefits pursuant to Section 20819 of the Government Code: (a) The classified employee shall have reached the age of 55 prior to reduction in workload. (b) The classified employee shall have been employed full time in a classified position for at least 10 years of which the immediately preceding five years were full-time employment. (c) During the period immediately preceding a request for a reduction in workload, the classified employee shall have been employed full time in a classified position for a total of at least five years without a break in service. (d) The option of part-time employment shall be exercised at the request of the classified employee and can be revoked only with the mutual consent of the employer and the classified employee. (e) The classified employee shall be paid a salary which is the pro rata share of the salary he or she would be earning had he or she not elected to exercise the option of part-time employment but shall retain all other rights and benefits for which he or she makes the payments that would be required if he or she remained in full-time classified employment. The classified employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time classified employee. (f) The minimum part-time employment shall be the equivalent of one-half of the number of days of service required by the classified employee’s contract of employment during his or her final year of service in a full-time classified position. (g) The period of the part-time classified employment shall not exceed five years. (h) The period of the part-time classified employment shall not extend beyond the end of the school year during which the classified employee reaches his or her 70th birthday. (Added by Stats. 1990, Ch. 658, Sec. 2. Effective September 12, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 1. Employment [88000 - 88040] SECTION 88040. Source version: id_ff781e7e-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=1. (a) (1) Notwithstanding Section 88026, the governing board of a community college district may establish the workday and workweek schedules of classified employees with the concurrence of the employee organization, or in the absence of an employee organization, the concurrence of the affected employee. (2) Notwithstanding Section 88027, if the governing board of a community college district establishes a workday or workweek schedule, or both, pursuant to this section, the overtime rate shall be paid for all hours worked in excess of the required workday or a workweek of 40 hours. (b) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1994, Ch. 476, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 10. Classified School Employee Week [88270- 88270.] SECTION 88270. Source version: id_ffaaa061-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=10. The third full week in May is designated as Classified School Employee Week. All community colleges shall annually observe that week in recognition of classified school employees and the contributions they make to the educational community. The observances required by this section shall be integrated into the regular community college program. This section shall apply to all colleges under the jurisdiction of any community college district that has adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060), as well as to colleges under the jurisdiction of any district that has not adopted the merit system. (Added by Stats. 1986, Ch. 45, Sec. 2. Effective April 2, 1986.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 11. The Classified Community College Employee Summer Assistance Program [88280- 88280.] SECTION 88280. Source version: id_19372fc7-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=11. (a) The Classified Community College Employee Summer Assistance Program is hereby established for participating classified employees of participating community college districts under this section. (b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section. (c) A community college district may elect to participate in the program. A participating community college district shall notify classified employees, by January 1 during a fiscal year in which moneys are appropriated for purposes of this section, that the community college district has elected to participate in the program for the next academic year. Once a community college district elects to participate in the program and notifies classified employees pursuant to this subdivision, the community college district is prohibited from reversing its decision to participate in the program for the next academic year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section. (d) (1) A classified employee who elects to participate in the program shall notify the community college district, in writing, by March 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the chancellor’s office that the classified employee wishes to participate in the program for the applicable academic year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable academic year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two payments. A participating classified employee may elect to have up to 10 percent of the classified employee’s monthly pay withheld during the applicable academic year. (2) A classified employee is eligible to participate in the program if the classified employee has been employed with the community college district for at least one year at the time the classified employee elects to participate in the program. (3) (A) A classified employee is eligible to participate in the program if the classified employee is employed by the community college district in the employee’s regular assignment for 11 months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the community college district, the employing community college district shall exclude any hours worked by the classified employee outside of their regular assignment. (B) For the 2023–24 and 2024–25 academic years, for purposes of determining a classified employee’s total months employed by the community college district, the employing community college district shall exclude any hours worked by the classified employee as a result of an extension of the academic year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible to participate in the program. (4) (A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the community college district is more than sixty-two thousand four hundred dollars ($62,400) for an entire academic year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay received directly from the community college district, the employing community college district shall exclude any pay received by the classified employee during the previous summer recess period. (B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a community college district during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph. (e) A community college district that elects to participate in the program shall notify the chancellor’s office in writing, by April 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the chancellor’s office that it has elected to participate in the program. The community college district shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable academic year. (f) The chancellor’s office shall notify participating community college districts in writing, by May 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the chancellor’s office shall notify community college districts of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a result of participating in the program. (g) Participating community college districts shall notify participating classified employees, by June 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (d) by notifying the employing community college district no later than 30 days after the start of instruction for the applicable fall term of the academic year. (h) The community college district shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices made by each participating classified employee pursuant to subdivision (d) in a separate account. (i) (1) A classified employee that separates from employment with a community college district during the applicable academic year may request from the community college district any pay withheld from their paycheck pursuant to this section. (2) A classified employee, due to economic or personal hardship, may request from a community college district any pay withheld from their paycheck pursuant to this section. (3) A classified employee who requests any pay withheld by the community college district pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section. (j) Participating community college districts shall request payment from the chancellor’s office, on or before July 31 following the end of an academic year during which the program was operative, on a form developed by the chancellor’s office, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (k) The chancellor’s office may use any unexpended balance of moneys appropriated in any prior fiscal year to the chancellor’s office for purposes of this section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks. (l) The chancellor’s office shall apportion funds to participating community college districts within 30 days of receiving a request for payment by the participating community college district pursuant to subdivision (j). The apportionment shall be determined for each community college district by the chancellor’s office on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (m) If the total amount requested by participating community college districts exceeds the amount appropriated for purposes of this section, the chancellor’s office shall prorate the amount apportioned to participating community college districts accordingly, based on the amounts requested pursuant to subdivision (j). (n) The participating community college district shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the chancellor’s office that is attributable to the amount withheld from that classified employee’s paychecks during the applicable academic year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d). (o) The state match funding received by participating classified employees pursuant to this section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System. (p) For purposes of this section, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (2) “Month” means 20 days or 4 weeks of 5 days each, including legal holidays. (3) “Program” means the Classified Community College Employee Summer Assistance Program. (4) “Regular assignment” means a classified employee’s employment job duties during the academic year, excluding the summer recess period. (Amended by Stats. 2022, Ch. 572, Sec. 16. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 2. Inclusion in the Merit System [88050 - 88057] SECTION 88050. Source version: id_ff79a522-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=2. As used in this article, “a district whose full-time equivalent student is 3,000 or greater” shall be construed to include any district which is the only district in the territory under the jurisdiction of the county superintendent of schools regardless of its full-time equivalent student. (Amended by Stats. 1995, Ch. 758, Sec. 202. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 2. Inclusion in the Merit System [88050 - 88057] SECTION 88051. Source version: id_bc6f77c7-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=2. (a) (1) On or after November 8, 1967, the classified employees of a community college district whose full-time equivalent student is 3,000 or greater, in accordance with this article, may petition the governing board of the community college district to make Article 3 (commencing with Section 88060) applicable to the community college district. That petition shall read substantially as follows: “We, the undersigned classified employees of the _____ (name of community college district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to election the question of whether or not the merit (civil service) system shall become applicable to this district. NAME POSITION CLASSIFICATION ” (2) “Classified employee,” as used in this section, shall be construed to include all personnel who are a part of the classified service, as defined in Section 88003. (b) Within 120 days after receipt of the petition the governing board of the community college district shall do all of the following: (1) Obtain the services of competent and qualified persons to present the pros and cons of the issue. Notwithstanding this paragraph, the classified employees who submitted the petition may select the person or persons to present the proponent position on the issue. (2) Provide adequate and ample opportunity for all of its classified personnel to attend one or more meetings at which the issue is presented. (3) (A) Having complied with paragraphs (1) and (2), conduct an election by secret ballot of its classified personnel to determine whether or not they desire to make the merit system applicable to the community college district. The ballot shall read: “Shall the merit (civil service) system for classified employees be applicable in the ____________ (name of community college district)? ☐ Yes ☐ No” (B) Although the ballot shall not require the employees’ signatures or other personal identifying requirements, the governing board of the community college district shall devise an identification system to ensure against fraud in the balloting process while also ensuring ballot secrecy. (c) (1) The governing board of the community college district shall appoint a three- or five-person tabulation committee, at least one member of which shall be a member of the governing board of the community college district and at least one member of which shall be a classified employee designated by the largest exclusive representative of classified employees within the community college district, to canvass the ballots and present the results to the governing board of the community college district. No representative of the community college district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. If a simple majority votes in favor of the merit system, that system shall become applicable in the community college district. (2) The tabulation committee shall certify the results of the election to the governing board of the community college district at the next regular or special meeting of the governing board of the community college district following the date the committee completes tabulation of the votes. If the tabulation committee completes the tabulation on the same day that the governing board of the community college district meets in regular or special session, the committee shall certify the results of the election to the governing board of the community college district at that meeting. (d) If the community college district communicates with classified employees in opposition to adopting the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the community college district to communicate in favor of that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on adopting the system. (e) All election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. (Amended by Stats. 2021, Ch. 88, Sec. 3. (AB 289) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 2. Inclusion in the Merit System [88050 - 88057] SECTION 88052. Source version: id_ff7b2bc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=2. Effective upon certification to a governing board by a tabulating committee that an election, as authorized in Section 88051 of this code, has been successful, all of the provisions of Article 3 (commencing with Section 88060) that can reasonably be construed to be applicable to classified employees shall be applicable. All of the provisions of Article 3 (commencing with Section 88060) shall become fully effective upon appointment of at least two members of the personnel commission. The commission shall immediately adopt existing rules and regulations of the district relating to classified personnel pending the establishment of its rules and which are not inconsistent with law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 2. Inclusion in the Merit System [88050 - 88057] SECTION 88053. Source version: id_ff7b2bc9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=2. The governing board of a community college district whose full-time equivalent student is less than 3,000, by affirmative vote of a majority of its members, may adopt the procedure set forth in Article 3 (commencing with Section 88060). The motion or a resolution for adoption of the system shall specify the date that Article 3 (commencing with Section 88060) shall be applicable to the classified employees of the district, which shall not be later than July 1 next following the date of adoption. (Amended by Stats. 1995, Ch. 758, Sec. 204. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 2. Inclusion in the Merit System [88050 - 88057] SECTION 88054. Source version: id_ff7b2bcb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=2. The governing board of a community college district whose full-time equivalent student is 3,000 or more, by affirmative vote of a majority of its members, may adopt the procedure set forth in Article 3 (commencing with Section 88060), if a lawful petition has not been received as authorized in Section 88051, or may adopt the procedure at any time after a two-year period has elapsed following an unsuccessful election conducted in accordance with Section 88051. The motion, order, or resolution for adoption of the procedure shall specify the date that Article 3 (commencing with Section 88060) shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption. (Amended by Stats. 1995, Ch. 758, Sec. 205. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 2. Inclusion in the Merit System [88050 - 88057] SECTION 88055. Source version: id_ff7cb26d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=2. When an election has been held, as authorized in this article, and fails to receive a simple majority affirmative vote, the classified employees of that district may not again petition for an election until at least two years has elapsed since the last election. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 2. Inclusion in the Merit System [88050 - 88057] SECTION 88056. Source version: id_ff7cb26f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=2. Any person who intimidates, coerces, or discriminates in any way against any classified employee for the doing of any act authorized herein shall be personally liable to such employee for all damages suffered thereby and such exemplary damages as the court may allow. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 2. Inclusion in the Merit System [88050 - 88057] SECTION 88057. Source version: id_ff7cb271-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=2. The procedure set forth in Article 3 (commencing with Section 88060) may also be adopted by a majority of the voting electors of the community college districts assenting to the plan after it has been placed on the ballot upon the written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the governing board. The question of adoption shall be placed on the ballot at the next regular governing board member election, or the next primary or general election in a general election year, whichever is earlier, after receipt of the petition by the registrar of voters. The ballot measure shall specify the date that Article 3 (commencing with Section 88060) shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption. (Amended by Stats. 1995, Ch. 758, Sec. 206. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88060. Source version: id_ff7cb275-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Any community college district adopting the provisions of this article in accordance with Section 88052 or 88057 of this chapter shall cause the personnel commission to be appointed in the manner prescribed in Sections 88065, 88066 and 88067. The personnel commission shall appoint the personnel director in the manner provided in Section 88084 after appointment of at least two of its members. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88061. Source version: id_ff7e3917-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. In any district in which the procedure set forth in this article has been incorporated the governing board shall employ, pay, and otherwise control the services of persons in nonacademic positions in accordance with the provisions of this article. No governing board shall remove a position from the classified service by title assignment or otherwise unless the position is one for which minimum qualifications have been established by the board of governors pursuant to Section 87356. (Amended by Stats. 1990, Ch. 1302, Sec. 185. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88063. Source version: id_ff7e3919-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. In any district that has adopted the provisions of this article there shall be appointed a personnel commission composed of either three or five members. The governing board of any community college district, by a majority vote, and with the agreement of the existing personnel commission of the district, if that commission is in existence, may elect to increase the membership of the personnel commission from three to five members or to decrease the membership from five to three members. If two or more districts are under the jurisdiction of governing boards of identical personnel, only one commission shall be appointed. In those cases this article shall apply alike to all of the districts, and the expenses of the commission shall be paid out of the general funds of all of the districts in proportion to the benefits derived therefrom as determined by the governing board. (Amended by Stats. 1993, Ch. 1296, Sec. 34. Effective October 11, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88063.5. Source version: id_ff7e391b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Notwithstanding Section 88063 or any other provision of law, in the case of a community college district that was formerly under the jurisdiction of governing boards of identical personnel for both the community college district and a unified district and that had a majority of its population within an incorporated city which had a population between 70,000 and 75,000 as of the 1950 census, and where the governing board, by affirmative vote of the majority of its members, made this article applicable to each of the districts individually and separately, the rights of persons employed in nonacademic positions shall continue in the same manner as if the separation had not occurred, except that the rights shall be limited to the district in which the person is employed on the day the action was taken by the governing board. For purposes of determining seniority, employment shall be deemed to have commenced as of the date of original employment in either the unified district or the community college district. (Amended by Stats. 1995, Ch. 758, Sec. 207. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88064. Source version: id_ff7e391d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) To be eligible for appointment or reappointment to the commission, a person shall meet both of the following requirements: (1) Be a registered voter and resident within the territorial jurisdiction of the community college district. (2) Be a known adherent to the principle of the merit system. (b) No member of the governing board of any community college district or a county board of education shall be eligible for appointment, reappointment, or continuance as a member of the commission. During his or her term of service, a member of the commission shall not be an employee of the district. (c) As used in this section, “known adherent to the principle of the merit system,” with respect to a new appointee, shall mean a person who by the nature of his or her prior public or private service has given evidence that he or she supports the concept of employment, continuance in employment, in-service promotional opportunities, and other related matters on the basis of merit and fitness. As used in this section, “known adherent to the principle of the merit system,” with respect to a candidate for reappointment, shall mean a commissioner who has clearly demonstrated through meeting attendance and actions that he or she does, in fact, support the merit system and its operation. (Amended by Stats. 1998, Ch. 954, Sec. 23. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88065. Source version: id_ff7e391f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. One member of the commission shall be appointed by the governing board of the district and one member, nominated by the classified employees of the district, shall be appointed by the governing board of the district. Those two members shall, in turn, appoint the third member. As used in this section, “classified employees” shall mean an exclusive representative which represents the largest number of classified employees in a unit or units within the district. If there is no such exclusive representative within the district the governing board shall, by written rule, prescribe the method by which the recommendation is to be made by its classified employees. In any community college district which has a five-member personnel commission, two members of the commission shall be appointed by the governing board of the district and two members, nominated by the classified employees of the district, shall be appointed by the governing board of the district. Those four members of the personnel commission shall, in turn, appoint the fifth member to the commission. (Amended by Stats. 1990, Ch. 1302, Sec. 187. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88066. Source version: id_ff7e3921-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) Within 30 days after adoption of the system the governing board shall publicly announce its intended appointee, and the appointee or appointees, as appropriate, nominated by its classified employees. As soon after their appointment as practicable but within 30 days, the appointed members shall announce their intended appointee for the third or fifth member, as appropriate. They may consider the recommendations of the governing board, the classified employees, or other concerned citizens. If these members do not announce their intended appointee within the 30-day period, the Chancellor of the California Community Colleges shall make the appointment. “Adoption of the system” means, in the case of Section 88051, the day on which a successful election is certified to the governing board or, in the case of Section 88054, the day the governing board approves a motion, order, or resolution to adopt the system regardless of the date specified for operational commencement of the system. (b) Where a system is already in existence and a vacancy will exist on December 1, by not later than September 30: (1) The governing board shall publicly announce the name of the person it intends to appoint or reappoint, if the vacancy is its appointee. (2) The appointee or appointees, as appropriate, of the governing board and the appointee or appointees of the classified employees shall publicly announce the name of the person they intend to appoint, if the vacancy is their appointee. If the governing board and the classified employees of the district are unable to agree upon a nomination by September 30, the Chancellor of the California Community Colleges shall make the appointment within 30 days. (c) Where a system is already in existence and a vacancy in a position nominated by the classified employees will occur, the classified employees shall submit the name of its nominee to the governing board at least 30 days prior to the date on which the vacancy will occur and the governing board shall appoint that nominee to be effective on the date on which the vacancy would occur. (d) At a board meeting to be held after 30 and within 45 days of the dates specified in subdivision (a) and paragraph (1) of subdivision (b), as the case may be, the governing board in open hearing shall provide the public and employees and employee organizations the opportunity to express their views on the qualifications of those persons recommended by the governing board for appointment. The board at the time may make its appointment or may make a substitute appointment or recommendation without further notification or public hearing. In the case of the nominees of the classified employees, the board shall appoint the nominee, unless the classified employees voluntarily withdraw the name of the nominee and submit the name of a new nominee. In the latter case, the board shall then appoint the new nominee. (e) In the event a vacancy exists because of a failure of the classified employees to agree on a nominee, the board may make an emergency appointment as authorized in subdivision (b) of Section 88065. If there is no personnel director, the board may nevertheless make an emergency interim appointment under this subdivision. (f) At the next regularly scheduled personnel commission meeting to be held after 30 days from adoption of the system, as specified in subdivision (a), or at the next regularly scheduled personnel commission meeting to be held after 30 days from the day the intended appointee is announced, as specified in paragraph (2) of subdivision (b), as the case may be, the appointee or appointees of the governing board and the appointee or appointees nominated by the classified employees shall, in an open hearing, provide the public and employees and employee organizations the opportunity to express their views on the qualifications of each candidate recommended for the vacancy. Each candidate shall be invited to this meeting. The appointee or appointees of the governing board and the appointee or appointees nominated by the classified employees may make their appointment or may make a substitute appointment or recommendation without further notification or public hearing. (g) A commissioner whose term has expired may continue to discharge the duties of the office until a successor is appointed, but for no more than 90 calendar days. This subdivision shall become operative on January 1, 1994. (Amended by Stats. 1993, Ch. 1296, Sec. 35. Effective October 11, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88067. Source version: id_ff7fbfc3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Appointees to a commission in a district which has newly adopted the system shall take office upon receipt of notification of the appointment but the term of office shall run from noon of the first day of December next succeeding. In community college districts with a three-member personnel commission, the initial appointee of the governing board shall serve a three-year term, and the term of the appointee recommended by classified employees and the third member selected by the other two members shall be for two years and one year respectively. In community college districts which have elected to establish a five-member personnel commission, one of the initial appointees of the governing board, and one of the initial appointees nominated by the classified employees shall serve three-year terms. The term of the other initial appointee of the governing board and the other initial appointee nominated by the classified employees of the district, shall be for two years, and the term of the appointee selected by the other members of the commission shall be for one year. Subsequent terms shall be for three years commencing at noon the first day of December. A three-member commission may perform any act authorized or required by law when two members have been appointed. A five-member commission may perform any act authorized or required by law when three members have been appointed. (Amended by Stats. 1985, Ch. 723, Sec. 13.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88068. Source version: id_ff7fbfc5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) Appointment to vacancies occurring subsequent to the initial appointment shall be made by the original appointing authority either for a new full term or to fill an unexpired term. The procedures required in Sections 88065 and 88066 shall be followed in the appointment and recommendation for appointment to fill vacancies occurring subsequent to the initial appointments. (b) Notwithstanding subdivision (a) the governing board at the request of the personnel director shall declare that an emergency exists and shall make an interim appointment to fill a vacancy or vacancies to insure the continuance of the functions of the personnel commission. An interim appointment shall terminate on the date the notification of permanent appointment is received by the appointee. (c) An interim appointee must meet the requirements of Section 88064 and be free of the restrictions contained therein. (d) An interim appointment in no event shall be valid for more than 60 days. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88069. Source version: id_ff7fbfc7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) (1) After January 1, 2001, the classified employees of any community college district that has already adopted this article on September 17, 1965, may, in accordance with this article, petition the governing board to request that the process to determine how personnel commission members are appointed be determined by a majority vote of the classified employees entitled to vote. That petition shall read substantially as follows: “We, the undersigned classified employees of the ____ (name of community college district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to an election the question of how personnel commission members shall be appointed. NAME ____ POSITION CLASSIFICATION ____” (2) “Classified employee,” as used in this section, shall be construed to include all personnel who are a part of the classified service as defined in Section 88001. (b) (1) Within 90 days after receipt of a petition pursuant to subdivision (a), the governing board shall conduct an election by secret ballot of its classified personnel to determine the following question and the ballot shall read: “Shall personnel commission members in the ____ (name of community college district) be appointed as follows: (A) One member appointed by the governing board of the district. (B) One member appointed by the classified employees of the district. (C) Those two members shall, in turn, appoint the third member. ____ Yes ____ No” (2) Although the ballot conducted pursuant to paragraph (1) shall not require the employees’ signatures or other personal identifying requirements, the governing board shall devise an identification system to ensure against fraud in the balloting process. (3) The governing board shall appoint a three- to five-person tabulating committee. At least one member of the committee shall be a member of the governing board, to canvass the ballots and present the results to the governing board and one member shall be a classified employee nominated by the exclusive representative of the classified employees of the district. If a simple majority votes in favor of the process for appointing personnel commission members, that process shall become applicable in the district as follows: (A) The first vacancy on the commission shall be filled by a person nominated by the classified employees of the district. (B) The second vacancy on the commission shall be filled by a person appointed by the governing board of the district. (C) The third vacancy of the commission shall be appointed by the first two members. (4) If the ballot conducted pursuant to paragraph (2) fails to pass, personnel commission members shall be appointed in accordance with the procedure described in subdivision (c), and a petition by the classified employees for another election shall not occur sooner than two years after an election. (c) (1) Subject to subdivisions (a) and (b), in a community college district that has already adopted this article on September 17, 1965, members of the personnel commission shall be appointed by the Chancellor of the California Community Colleges who shall consider the recommendation of the governing board and other interested parties. (2) If the governing board and the personnel commission of a community college district elect to increase the personnel commission from three to five members, the Chancellor of the California Community Colleges shall make one of the additional appointments. Subsequent appointments shall be made in accordance with this section. (3) No later than 90 days before making the appointment, the Chancellor of the California Community Colleges shall notify the classified employees and the governing board in writing of the vacancy on the personnel commission and provide them with guidelines and procedures for making a recommendation and challenging a nomination. If a vacancy occurs during the term of a member of the personnel commission, the chancellor may appoint a new member after providing the foregoing notice no later than 30 days before making the appointment. (4) A commissioner whose term has expired may continue to discharge the duties of the office until a successor is appointed but for no more than 90 calendar days. (d) As used in this section, “classified employees” means an organization of classified employees that represents the greatest number of classified employees of the district as determined by the board. If no organization exists within the district, the governing board, by written rule, shall prescribe the method by which the recommendation is to be made by its classified employees. (Amended by Stats. 2000, Ch. 488, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88070. Source version: id_ff814669-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The governing board may authorize payment to members of the commission an amount not to exceed fifty dollars ($50) per meeting and not to exceed two hundred fifty dollars ($250) per month. (Amended by Stats. 1985, Ch. 723, Sec. 15.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88071. Source version: id_ff81466b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. In a community college district with an average daily attendance in excess of 40,000 and which is located in a metropolitan area with a population of more than 4,000,000, the governing board may authorize payment to members of the commission an amount not to exceed one hundred dollars ($100) per meeting, and not to exceed five hundred dollars ($500) per month. (Amended by Stats. 1985, Ch. 723, Sec. 16.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88072. Source version: id_ff81466d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The governing board shall provide the commission with suitable office accommodations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88073. Source version: id_ff81466f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission shall prepare an annual budget for its own office which, upon the approval of the county superintendent of schools, shall be included by the governing board in the regular budget of the community college district. The annual budget of the commission may include amounts for the purposes of Section 88075. The budget shall be prepared for a public hearing by the commission to be held not later than May 30 of each year. The commission shall forward a copy of its proposed budget to the governing board indicating the time, date and place for the public hearing of the budget and shall invite board and district administration representatives to attend and present their views. The commission shall fully consider the views of the governing board prior to adoption of its proposed budget. The commission shall then forward its proposed budget to the county superintendent of schools for action. If the county superintendent of schools proposes to reject the budget as submitted by the commission, he shall, within 30 days after the commission’s submission of the budget, hold a public hearing on the proposed rejection within the affected district. He shall have informed both the commission and the governing board of the date, time and place of the hearing. He may after such public hearing either reject, or, with the concurrence of the commission, amend the proposed budget. In the absence of agreement between the personnel commission and the county superintendent the budget of the preceding year shall determine the amount of the new budget, and the items of expenditure shall be determined by the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88075. Source version: id_ff814671-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission may, with respect to the staff of the commission, expend funds for their orientation, training, retraining, and development and for any purpose prescribed by Article 7 (commencing with Section 88220) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88076. Source version: id_525bbdb2-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the community college district or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. “To classify” shall include, but not be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications. (b) The following positions and employees are exempt from the classified service: (1) Academic positions. (2) Full-time students employed part time. (3) Part-time students employed part time in a college work-study program or in a work experience education program conducted by a community college that is financed by state or federal funds. (4) Part-time students employed part time as student-tutors by their community college district of enrollment. (5) Apprentice positions. (6) Positions established for the employment of professional experts on a temporary basis for a specific project by the governing board of a community college district or by the commission when so designated by the commission. (c) Employment of either full-time or part-time students in a college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services. (d) This section shall not prevent an employee who has attained regular status in a full-time position from taking a voluntary reduction in time and retaining the employee’s regular status under the provisions of this law. (e) A person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall not be employed outside the classified service. (f) A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service. (g) An employee employed by a community college district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the community college district without placement on an eligibility list under Section 88091 or examination under Section 88092. (Amended by Stats. 2024, Ch. 422, Sec. 2. (AB 2931) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88077. Source version: id_ff82cd15-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Nothing contained in Section 88076 shall be interpreted to exclude the employment of architectural and engineering firms employed on a temporary basis for a specific project by a governing board or the commission when so designated by the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88078. Source version: id_ff82cd17-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. In addition to the exemptions authorized in Section 88076, there shall be exempt from the classified service positions established for the employment of community representatives in advisory or consulting capacities for not more than 90 working days in a fiscal year, provided that: (1) The authorized duties are not those normally assigned to a class of positions in the classified service, (2) The authorized duties are approved by the personnel commission in advance of employment, and (3) A regular classified employee of the community college district shall not receive a concurrent appointment to such a position. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88079. Source version: id_ff82cd19-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. If the governing board of any community college district establishes positions and restricts initial appointment of new employees to mentally, physically, or developmentally disabled persons, then such positions shall, in addition to the regular class title, be classified as “restricted.” The positions shall be part of the classified service and persons so employed shall be classified employees for all purposes except that they shall not be subject to the provisions of Section 88091 or 88092, and that they shall not acquire permanent status or seniority credit and shall not be eligible for promotion into the regular classified service until they have complied with the provisions of subdivision (c) of Section 88005. (Amended by Stats. 1990, Ch. 1206, Sec. 6.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88080. Source version: id_ff82cd1b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) The commission shall prescribe and, amend, and interpret subject to this article, such rules as may be necessary to insure the efficiency of the service and the selection and retention of employees upon a basis of merit and fitness. The rules shall not apply to bargaining unit members if the subject matter is within the scope of representation, as defined in Section 3543.2 of the Government Code, and is included in a negotiated agreement between the governing board and that unit. The rules shall be binding upon the governing board, but shall not restrict the authority of the governing board provided pursuant to other sections of this code. (b) No rule or amendment which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted by the commission until the exclusive bargaining representative and the community college employer of the classified employees who would be affected have been given reasonable notice of the proposal. (Amended (as amended by Stats. 1982, Ch. 1514, Sec. 5.5) by Stats. 1984, Ch. 521, Sec. 16.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88081. Source version: id_ff82cd1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) The rules shall provide for the procedures to be followed by the governing board as they pertain to the classified service regarding applications, examinations, eligibility, appointments, promotions, demotions, transfers, dismissals, resignations, layoffs, reemployment, vacations, leaves of absence, compensation within classification, job analyses and specifications, performance evaluations, public advertisement of examinations, rejection of unfit applicants without competition, and any other matters necessary to carry out the provisions and purposes of this article. (b) With respect to those matters set forth in subdivision (a) which are a subject of negotiation under the provisions of Section 3543.2 of the Government Code, such rules as apply to each bargaining unit shall be in accordance with the negotiated agreement, if any, between the exclusive representative for that unit and the public school employer. (Amended by Stats. 1977, Ch. 1014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88082. Source version: id_ff8453bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The rules of the commission and copies of this article shall be printed and made available to each school, office, and permanent worksite where employees report and shall be distributed to school libraries for loan to employees. Within one year of when a district adopts the merit system, the commission shall adopt rules pursuant to Section 88080 and shall give to each new regular employee a handbook which summarizes the basic rules and working conditions for classified employees and provides information regarding access to copies of the complete rules and the merit system. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88083. Source version: id_14221b6e-c1b9-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission may classify as apprentice positions certain positions where the principal requirement is that of learning to perform efficiently, by study and practice, specific duties concerning which a definite plan of systematic instruction and special supervision has been approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code for the designated trade. The apprenticeship training plan adopted by the governing board of the community college district shall be approved by the California Apprenticeship Council for building and construction trades or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. No assignment to any position classified as an apprentice position shall be allowed to continue beyond the predetermined apprenticeship period approved by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades, except that the community college district’s joint apprenticeship committee may approve retention of an employee as an apprentice up to six months beyond the predetermined apprentice period. The selection of eligible persons shall be made in accordance with their position on employment lists established by competitive or qualifying examinations. Section 88033 shall be applicable to apprentice positions. However, relative age may be considered as a factor in the ranking of candidates for apprentice positions. Credit for prior training in a regularly indentured apprenticeship program shall be given to qualified candidates. In all cases of apprenticeship probationary periods, the standards of duration and qualifications shall be fixed by the commission insofar as they do not exceed the maximum standards set up by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. Termination for cause may be prescribed for any apprentice who fails to attain the predetermined standards of apprenticeship or for causes as prescribed by the rules of the commission. The commission shall recommend to the governing board a graduated scale of compensation rates for the various levels of apprentices, taking into consideration the percentage relationship to the districts’ journeyman wage of the trade as provided in the statement of policies of the California Apprenticeship Council. The commission may determine that promotional examinations shall be held for entrance into various levels of apprentice positions and entrance into journeyman positions in a skilled trade. (Amended by Stats. 2018, Ch. 704, Sec. 12. (AB 235) Effective September 22, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88084. Source version: id_ff8453c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission shall appoint a personnel director within 90 days after the adoption of a merit system from an eligibility list established from a competitive examination given under the auspices of the commission. The commission shall appoint all employees paid from funds budgeted for the support of the commission and shall supervise the activities of those employees that are performed as a part of the functions of the commission. These employees shall be appointed from eligibility lists established pursuant to the provisions of this article, be classified employees of the community college district and shall be accorded all the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, including representation by the appropriate exclusive representative, if any. (Amended (as amended by Stats. 1982, Ch. 572, Sec. 5) by Stats. 1984, Ch. 521, Sec. 18.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88085. Source version: id_ff8453c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Notwithstanding the provisions of Section 88084, the personnel commission, in a community college district employing 100 or fewer classified employees, may, with the consent of a majority of the classified employees, contract for the services of a qualified personnel director with another school district having the merit (civil service) system, or a city or a county governmental agency if the city or county has a civil service system for the management of its employee personnel. Such a contract shall be for not more than two years and may be extended, with the approval of a majority of the classified employees, for additional periods not to exceed two years at one time. If at the end of any contract period the district is employing more than 100 classified employees, the personnel commission shall then comply with the provisions of Section 88084. A contract approved under the provisions of this section shall become null and void in the event of district reorganization when the provisions of the contract, if continued in force would supersede or be in conflict with the provisions of Section 88019. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88086. Source version: id_ff8453c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in conformity with this article and the rules of the commission, and shall be free of prejudgment or bias in order to ensure the impartiality of the commission. He or she shall also act as secretary of the commission and shall prepare, or cause to be prepared, an annual report which shall be sent by the commission to the governing board. (b) A personnel director shall not advise or make recommendations to the commission regarding any disciplinary action appealed to the commission under Section 88124, if the personnel director is the party who brought the action against the employee. (Amended by Stats. 1985, Ch. 730, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88086.5. Source version: id_ff85d969-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Sections 88022, 88023, 88160, 88198, 88199, 88201, and 88202 are applicable to the employees of community college districts that have adopted a merit system pursuant to the procedure set forth in this article. This section is declaratory of existing law. The sections here enumerated are to be construed and applied in the same manner and with the same effect as when they were applicable to the employees of those school districts prior to the enactment of Section 88000 by Chapter 1267 of the Statutes of 1959, and in accordance with the applicable provisions of this article and the rules of the personnel commission. (Amended by Stats. 1995, Ch. 758, Sec. 211. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88087. Source version: id_ff85d96b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission shall recommend to the governing board salary schedules for the classified service. The governing board may approve, amend, or reject these recommendations. No amendment shall be adopted until the commission is first given a reasonable opportunity to make a written statement of the effect the amendments will have upon the principle of like pay for like service. No changes shall operate to disturb the relationship which compensation schedules bear to one another, as the relationship has been established in the classification made by the commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88088. Source version: id_ff85d96d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Any person who has been continuously employed in a position defined as a position in the classified service for a period of six months immediately preceding the date on which the procedure set forth in this article is adopted shall be deemed to be in the permanent classified service. No layoff or suspension of service during the time when the schools of the district are not in session shall count as an interruption of continuous service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88089. Source version: id_ff85d96f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. All persons who have been continuously employed by a community college district for less than six months immediately preceding the date on which the procedure set forth in this article is adopted shall be deemed to hold their positions under probationary classification. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88090. Source version: id_ff85d971-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Any employee serving in an academic position whose position is by virtue of change of law deemed to be in the classified service shall without examination become a member of the classified service in accordance with the terms of Sections 88088 and 88089. Full seniority rights shall be retained, except that no seniority credit shall be allowed by virtue of previous academic service in case of layoff for lack of funds or lack of work. Any employee serving in a classified position whose position is by virtue of change of law deemed to be an academic position shall without examination become an academic employee and shall be deemed to have the necessary qualifications for the position. Full seniority rights will be retained, except that no seniority credit will be allowed by virtue of previous classified service in case of layoff for lack of funds or lack of work. Any such person who has been continuously employed in a regular position in the classified service for the length of time necessary to acquire permanency as a faculty member shall, if employed as a faculty member, be deemed to be tenured. Any such person serving in a regular position in the classified service for an amount of time less than that necessary to acquire faculty tenure shall be a probationary employee of the district; such regular classified service shall be considered as probationary service toward the attainment of tenure as a faculty member. (Amended by Stats. 1990, Ch. 1302, Sec. 189. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88091. Source version: id_ff85d973-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) All vacancies in the classified service shall be filled pursuant to this article and the rules of the commission, from applicants on eligibility lists which, wherever practicable, as determined by the commission, shall be made up from promotional examinations, or appointments may be made by means of transfer, demotion, reinstatement, and reemployment in accordance with the rules of the commission. All applicants for promotional examinations shall have the required amount of service in classes designated by the commission or meet the minimum qualifications of education, training, experience, and length of service, which shall be determined by the commission to be appropriate for the class for which they have applied. Any promotional applicant who has served the required amount of time in a designated class or who meets the minimum qualifications for admission to a promotional examination shall be admitted to the examination. Applicants shall be placed on the eligibility lists in the order of their relative merit as determined by competitive examinations. The final scores of candidates shall be rounded to the nearest whole percent for all eligibles. All eligibles with the same percentage score will be considered as having the same rank. Appointments shall be made from the eligibles having the first three ranks on the list who are ready and willing to accept the position. (b) (1) Upon the request of a majority of the members of the governing board of a community college district, the commission may exempt two executive secretarial positions from the requirements of this section. Exemptions authorized under this subdivision shall be limited to one executive secretary position reporting directly to members of the governing board, and one executive secretary position reporting directly to the chancellor. (2) Any person employed in an exempt executive secretarial position shall continue to be afforded all of the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, except he or she shall not attain permanent status in an executive secretarial position. Positions of executive secretary shall be filled from an unranked list of eligible employees who have been found to be qualified for the positions as determined by the district chancellor or superintendent and determined by the personnel commission. Any person whose services in an executive secretarial position are discontinued for a cause other than a cause for disciplinary action specified in this code or in a rule of the commission shall have the right to return to a position in a classification he or she previously occupied or, if that classification no longer exists, in a similar classification, as determined by the commission. This subdivision shall apply only to the employees hired on or after January 1, 1988. (c) (1) Upon the request of a majority of the members of the governing board of a community college district, the personnel commission may exempt designated senior classified administrative positions from the requirements of this section. A “senior classified administrative employee” means a classified employee who acts as the chief business, fiscal, facilities, or information technology adviser or administrator for the district chancellor or superintendent or a college president, as determined by the governing board and certified by the personnel commission. (2) Any person employed in an administrative position exempted under this subdivision shall continue to be afforded all of the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, except that he or she shall not attain permanent status in that administrative position. A vacancy in an administrative position that is exempted under this subdivision shall be filled from an unranked list of eligible persons who have been found to be qualified for the positions as determined by the district chancellor or superintendent and the personnel commission. Any person whose services in an administrative position exempted under this subdivision are discontinued for any reason other than for cause as specified in this code or in a rule of the personnel commission shall have the right to return to a position in a classification he or she previously occupied or, if that classification no longer exists, in a similar classification, as determined by the commission. (3) This subdivision shall apply only to employees hired on or after January 1, 2001. (d) Nothing contained in this section shall authorize the selection of eligible candidates in circumvention of the affirmative action programs of any community college district. (Amended by Stats. 2000, Ch. 951, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88092. Source version: id_ff876015-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Examinations shall be administered objectively and shall consist of test parts that relate to job performance. For classes of positions deemed by the commission or by the authority responsible for the administration of classified employee examinations to require an oral examination, the oral examination board shall include at least two members. Unless specifically directed to evaluate candidates’ technical knowledge and skills, the oral examination board shall confine itself to evaluating general fitness for employment in the class. When the oral examination board is directed to evaluate technical knowledge and skills, at least two members of the board shall be technically qualified in the specified occupational area. Members of the governing board or personnel commission shall not serve on an oral examination board. A district employee may serve on an oral examination board if he or she is not at the first or second level of supervision over a vacant position in the class for which the examination is held. The personnel commission shall provide for the proceedings of all oral examinations to be electronically recorded. In no case will an oral examination board be provided with confidential references on employees of the district who are competing in promotional examinations. Scores achieved by the candidate on other parts of the examination shall not be made available to the oral examination board. (Amended by Stats. 1995, Ch. 758, Sec. 212. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88093. Source version: id_ff876017-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Examination records, including any recordings and the rating sheet of each member of the oral board for each candidate, shall be retained by the body authorized to administer examinations for a period of not less than 90 days after promulgation of an eligibility list. The commission shall prescribe procedures whereby candidates may review and protest any part of an examination. In promotional examinations for classes for which continuous examination procedures have not been authorized, the review and protest period shall be held prior to regular appointment from the eligibility list. Examination records shall not be available to the public or to any person for any purpose not directly connected with the examination and shall be considered confidential but shall, within reasonable time limits, be made available to a candidate or his or her representative. (Amended by Stats. 1995, Ch. 758, Sec. 213. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88095. Source version: id_ff876019-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The governing board shall fix the duties of all positions a part of the classified service as required by Section 88009. The board may recommend the minimum educational and work experience requirements for classified positions to the personnel commission. Minimum qualification requirements shall be subject to approval of the commission. In approving minimum educational and work experience requirements for classified positions, the commission shall insure that such requirements reasonably relate to the duties of the position, as established by the governing board, and that they will admit an adequate field of competition. No requirements may be approved which unduly or unreasonably restrict the field of competition. The position duties shall be prescribed by the board and qualification requirements for the position class shall be prepared and approved by the commission, as required by this section, prior to issuance of an announcement calling for a competitive examination to fill position vacancies. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88096. Source version: id_ff88e6bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Appointments may be made from other than the first two or three, as the case may be, applicants on the eligibility list when the ability to speak, read, or write a language in addition to English or possession of a valid driver’s license is a requirement of the position to be filled. The recruitment bulletin announcing the examination shall indicate the special requirements which may be necessary for filling one or more of the positions in the class. Where such a position is to be filled, using the authority of this section, the appointment shall be made from among the highest two or three, as the case may be, applicants on the appropriate eligibility list who meet the special requirements and who are ready and willing to accept the position. If there are insufficient applicants who meet the special requirements, the commission shall certify the top applicant or applicants plus those applicants who meet the special requirements, not to exceed two or three candidates, as the case may be. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88097. Source version: id_ff88e6bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Written notices concerning tests, vacancies, transfer opportunities, and other selections of shifts, positions, assignments, classifications, or locations shall be posted at all work locations of employees who may be affected not later than 15 working days prior to the closing date of filing appropriate applications, together with the normal use of newspapers and bulletins for public notice for open or promotional vacancies. Whenever the subject of these notices may affect a probationary or permanent classified employee who will not be reporting at his or her work location during periods when the employee is not normally required to work, such as Christmas, Easter, summer recesses, and other paid or unpaid leaves of absences, including vacations, and who has previously requested notification, the notices shall be mailed to the employee. However, the failure of an employee to receive a notice shall not invalidate any procedure, if, in fact, the notice was placed in the mail and postage paid. This section shall not apply to any community college district that publishes and distributes to all work locations examination bulletins at least once each month, provided that records of employee requests for transfer and change of location are maintained and that the names of all candidates for transfer and change of location to a vacancy are certified to the appointing authority along with names of appropriate applicants from employment lists. The personnel commission shall establish procedures for the maintenance of employee requests for transfer, change of location, change of shift, and notification of forthcoming examinations. (Amended by Stats. 1995, Ch. 758, Sec. 214. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88098. Source version: id_ff88e6bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. A regular employee who is determined by the governing board to be incapable of performing the duties of his or her class because of illness or injury may, at the discretion of the governing board, be assigned duties that he or she is capable of performing. The position to which the employee is assigned shall be subject to classification by the personnel commission, but the employee shall receive no increase in wage or salary because of his or her assignment to the position unless he or she is appointed from an eligibility list resulting from a competitive examination in the event that the position is classified and allocated to a higher wage or salary than that previously attained by the employee, he or she may be assigned to the position without competitive examination, but shall continue to receive the wage or salary of his or her former classification. If the position is classified and allocated to a lower wage or salary than that attained by the employee, he or she shall be paid the wage or salary appropriate to the position. (Amended by Stats. 1995, Ch. 758, Sec. 215. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88099. Source version: id_ff88e6c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the position of business manager or for any other single position class which it declares to be at or above the level of business manager. It shall require that all educational and work experience requirements be developed to fit the needs of the position in such a manner that the position will attract competent and qualified applicants from within the classified service, among academic personnel, or other persons meeting the minimum requirements established for the position. Such rule shall provide: (a) that all permanent employees of the district, classified and academic, who meet the established minimum qualifications, shall be eligible to compete in the examination as promotional candidates; (b) that promotional credits, including seniority credits, if any, shall be equally applicable to both classified and academic promotional candidates; (c) that eligibility lists resulting from such an open competitive and promotional examination shall be merged according to the order of the examination scores into a single eligibility list, after the scores of each candidate on the promotional list have been adjusted for promotional credits, including seniority credits, if any; and (d) that the examination for any such position shall not be construed to be an entrance level position examination. (Amended by Stats. 1990, Ch. 1302, Sec. 190. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88100. Source version: id_ff88e6c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission may by rule provide for the competition of academic employees of the governing board in promotional examinations for positions in the classified service. (Amended by Stats. 1990, Ch. 1302, Sec. 191. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88101. Source version: id_ff88e6c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the positions that existed or could be created, when the positions become available for competitive examination, under the provisions of subdivisions (m), (n), and (o) of former Section 13055 as those subdivisions existed prior to their repeal by action of the 1965 General Session of the Legislature. The rule shall provide: (a) that all permanent employees of the district, classified and academic, who meet the established minimum qualifications, shall be eligible to compete in the examination as promotional candidates; (b) that promotional credits, including seniority credits, if any, shall be equally applicable to both classified and academic promotional candidates; (c) that eligibility lists resulting from such an open competitive and promotional examination shall be merged according to the order of the examination scores into a single eligibility list, after the scores of each candidate on the promotional list have been adjusted for promotional credits, including seniority credits, if any; and (d) that the examination for any such position shall not be construed to be an entrance level position examination. (Amended by Stats. 1990, Ch. 1302, Sec. 192. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88102. Source version: id_ff88e6c7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. In any community college district which has geographical boundaries encompassing more than 200 square miles and which divides the area it serves into smaller areas for assignment of classified personnel, when an eligibility list is exhausted in one assignment area but there are available eligibles in another assignment area, an area eligibility list may be established for the assignment area in which the eligibility list is exhausted. The life of such new area eligibility list shall be one year. Seniority for the purpose specified in Section 88127 shall continue to be districtwide. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88103. Source version: id_ff8a6d69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. When an open competitive examination and a promotional examination for a particular class are held at the same time, the commission may, prior to the examination, authorize certification for employment of candidates from the open competitive eligibility list before the promotional eligibility list has been exahausted if the candidate on the open list has a higher score before adjustment for preferential credits than the score of the highest available candidate on the promotional list after seniority credits have been added. (Amended by Stats. 1977, Ch. 535.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88104. Source version: id_ff8a6d6b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) When all of the positions in a class are reclassified to a higher class, the incumbents of the positions who have been in the class for two or more years may be reclassified with their positions by the personnel commission. When a portion of the positions within a class are reclassified to a higher class, an incumbent who has a continuous employment record of two or more years in one or more of the positions being reclassified may be reclassified with his or her position as provided by personnel commission rule. (b) The basis for reclassification of the position shall be a gradual accretion of duties and not a sudden change occasioned by a reorganization or the assignment of completely new duties and responsibilities. Determinations as to gradual accretion shall be on the basis of guidelines provided by personnel commission rules. (c) An employee who has been reclassified with his or her position is ineligible for subsequent reclassification with his or her position for a period of at least two years from the initial action. (Amended by Stats. 2003, Ch. 181, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88104.5. Source version: id_ff8a6d6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. No position classification or reclassification plan which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted by the commission until the exclusive bargaining representative and the community college employer of the classified employees who would be affected have been given reasonable notice of the proposed classifications or reclassifications. (Added by Stats. 1982, Ch. 1514, Sec. 7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88105. Source version: id_ff8a6d6f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Whenever the appointing power requires the appointment of a person to a position, the duration of which is not to exceed six months, or, in case of an appointment in lieu of an absent employee, is not to exceed the authorized absence of that employee, he or she shall submit a request in which the probable duration of the appointment is stated. Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such a position as limited-term employees. Limited-term employees shall be subject to those conditions affecting status and tenure during and after the employment as the commission may by rule determine. (Amended by Stats. 1995, Ch. 758, Sec. 217. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88106. Source version: id_ff8bf411-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. When no eligibility list exists for a position in the classified service, an employee may receive provisional appointments which may accumulate to a total of 90 working days. A 90-calendar-day interval shall then elapse during which the person will be ineligible to serve in any full-time provisional capacity. No person shall be employed in provisional capacities under a given governing board for a total of more than 126 working days in any one fiscal year, except that when no one is available on an appropriate eligibility list for a part-time position, as defined in Section 88076, successive 90 working days provisional appointments may be made to the part-time position for a total of more than 126 working days in any one fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88107. Source version: id_ff8bf413-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The personnel commission may authorize the extension of a provisional employee’s assignment for a period not to exceed 36 working days, if all of the following requirements are met: (a) An examination for the class was completed during the first 90 working days of his or her provisional assignment. (b) Evidence satisfactory to the personnel commission is presented indicating all of the following: (1) That an adequate recruitment effort has been and is being made. (2) That extension of the provisional assignment is necessary to carry on vital functions of the district. (3) That the position cannot be satisfactorily filled by use of other employment lists or procedures. (Amended by Stats. 1995, Ch. 758, Sec. 218. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88108. Source version: id_ff8bf415-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Successive provisional appointments of 90 working days or less each may be made in any class in the absence of an appropriate eligibility list; provided, that continuous examination procedures for the class have been authorized by the commission. Such successive provisional appointments may be made and persons employed in temporary capacities under a given governing board for a total of more than six months in any one year. Such appointments may continue for the length of time for which they were made, but may not be extended if a certification can be made from an appropriate eligibility list. While this section is in effect, it shall supersede any other provisions of this article which are in conflict with this section, but only to the extent there is a conflict. (Repealed and added by Stats. 1976, Ch. 1011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88109. Source version: id_ff8d7ab7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The appointing power may, to prevent the stoppage of public business when an actual emergency arises and persons on eligibility lists are not immediately available, make appointments for a period not to exceed 15 working days, in accordance with commission rule. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88110. Source version: id_ff8d7ab9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Combinations of successive eligibility lists may be made during their first year. Eligibles on lists established within the first year of the life of another list may be placed in the order of their relative excellence in the examination on the like list, if lists so merged have been promulgated under conditions and techniques which are sufficiently similar to preserve their competitive character. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88111. Source version: id_ff8d7abb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission may by rule provide for the continuous examination of eligibles for classes of positions which the commission determines cannot be practicably filled by promotional examination only. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88112. Source version: id_5fdf005c-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. No questions relating to political or religious opinions or affiliations, or any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, shall be asked of any applicant, or any candidate whose name has been certified for appointment, nor shall any discrimination be exercised therefor, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 7. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88113. Source version: id_d433f862-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. “Veteran” as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, proof of which shall be submitted to the commission at the time of the examination. “Armed forces” means the United States Air Force, Army, Navy, Marine Corps, Space Force, or Coast Guard. (Amended by Stats. 2022, Ch. 379, Sec. 8. (AB 1715) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88114. Source version: id_ff8f0161-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. “Disabled veteran” as used in this article means any veteran, as defined in Section 88113, who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed forces. Proof of disability shall be deemed conclusive if it is of record in the United States Veterans Administration. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88115. Source version: id_ff8f0163-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. In the case of all entrance examinations, veterans with 30 days or more of service who become eligible for appointment by attaining the passing mark established for the examination, shall be allowed an additional credit of five points and disabled veterans shall be allowed an additional credit of 10 points, which shall be added to the percentages attained in the examinations by the veterans. Veterans shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentages attained by them in examinations after the credit of five points, or 10 points in the case of disabled veterans, is added. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88116. Source version: id_ff8f0165-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) Whenever, during the absence of an employee of a community college district or student body association operating under Sections 76060 to 76065, inclusive, in the active military service of the United States of America during any period of national emergency declared by the President of the United States of America, or during any war in which the United States of America is engaged, the position held by that employee at the time of his or her entrance into that military service is placed within the classified service of the district and an eligible list is established for that position through competitive examination, the employee shall, at his or her request made within six months after leaving the active military service under honorable conditions, be given immediately an examination of substantially the same character and scope as the competitive examination through which the original eligibility list was established. The grade secured by that employee in that examination shall be deemed to be the grade the employee would have secured had he or she taken the competitive examination as a veteran, and the employee shall be placed on the original eligibility list accordingly with all the rights and privileges to which he or she would have been entitled had he or she had that place on the original eligibility list at the time of its establishment. (b) Notwithstanding subdivision (a), any member of the Military Reserve or the National Guard who is called to active duty, either voluntarily or involuntarily, during any period of national emergency declared by the President of the United States of America, or during any war in which the United States of America is engaged, shall be entitled to any rights, in addition to the rights accorded under subdivision (a), that are accorded that member under the federal Veterans’ Reemployment Rights Law or any other applicable provision of federal law. (Amended by Stats. 1993, Ch. 589, Sec. 54. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88117. Source version: id_8b720fe2-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as follows: (1) The person’s reemployment shall take preference over new applicants. (2) The person shall have the right to participate in promotional examinations within the district during the period of 39 months. (3) If the person is reemployed in a new position and fails to complete the probationary period in the new position, he or she shall be returned to the reemployment list for the remainder of the 39-month period. The remaining time period shall be calculated as the time remaining in the 39-month period as of the date of reemployment. (b) An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff or to remain in his or her present position rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months, provided that the same tests of fitness under which the employee qualified for appointment to the class still apply. The personnel commission shall make the determination of the specific period of eligibility for reemployment on a class-by-class basis. (c) An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in his or her former class or to a position with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list the employee shall be ranked on that list in accordance with his or her proper seniority. (Amended by Stats. 2012, Ch. 586, Sec. 2. (AB 2307) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88119. Source version: id_ff8f0169-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Eligibility lists shall be established for a period of not less than one year except that when a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifying eligibles, and after due notice to eligibles who may have made themselves unavailable for appointment, terminate it before a year has expired. Eligibility lists may be established for a period of six months upon the approval of the personnel commission so long as the six months’ duration of such a list is noted in the recruitment bulletin announcing the examination. If a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifying eligibles, and after due notice to eligibles who may have made themselves unavailable for appointment, terminate it before the expiration date. A list may be extended for an additional period of one year or less in the discretion of the commission. (Amended by Stats. 1982, Ch. 572, Sec. 8.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88120. Source version: id_dcf07374-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may establish a probationary period in a class not to exceed one year for classes designated by the commission as executive, administrative, or police classes. To receive permanent classified service status, each full-time peace officer and public safety dispatcher employed by a community college district operating a dispatch center certified by the Commission on Peace Officer Standards and Training shall serve in a probationary status for a period not less than one year from their date of appointment to that full-time position. (b) An employee shall not attain permanent status in the classified service until that employee has completed a probationary period in a class. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification shall be employed in the position from which the employee was promoted. In any case, the rules of the commission may provide for the exclusion of time while employees are on a leave of absence. The rights of appeal from disciplinary action before attainment of permanent status in the classified service shall be in accordance with Section 88124. (c) To the extent that this section, as amended by Assembly Bill 275 of the 2021–22 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 2021–22 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. (d) To the extent that this section, as amended by Senate Bill 874 of the 2021–22 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Senate Bill 874 of the 2021–22 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. (Amended by Stats. 2022, Ch. 150, Sec. 2. (SB 874) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88121. Source version: id_ff90880d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. No person in the permanent classified service shall be demoted or removed except for reasonable cause designated by rule of the commission as detrimental to the efficiency of the service. This section shall not be construed to prevent layoffs for lack of work or lack of funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88122. Source version: id_ff90880f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. In addition to any causes for suspension or dismissal which are designated by rule of the commission, employees in the classified service shall be suspended and dismissed in the manner provided by law for any one or more of the following causes: (a) Knowing membership by the employee in the Communist Party. (b) Conduct specified in Section 1028 of the Government Code. (Amended by Stats. 1982, Ch. 251, Sec. 45. Effective June 11, 1982.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88123. Source version: id_ff908811-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. For reasonable causes, an employee may be suspended without pay for not more than 30 days , except as provided in this section, or may be demoted or dismissed. In such case, the personnel director, shall within 10 days of the suspension, demotion, or dismissal, file written charges with the commission and give to the employee or deposit in the United States registered mail with postage prepaid, addressed to the employee at his or her last known place of address, a copy of the charges. Whenever an employee of a community college district is charged with the commission of any sex offense, defined in Section 87010, or any narcotics offense, as defined in Section 87011, or a violation of Sections 11357 to 11361, inclusive, 11363, 11364, or 11377 to 11382, inclusive, insofar as such sections relate to, any controlled substances in paragraph (4) or (5) of subdivision (b) of Section 11056, or any controlled substances in subdivision (d) of Section 11054, except paragraphs (10), (11), (12), and (17) of such subdivision, of the Health and Safety Code by complaint, information, or indictment filed in a court of competent jurisdiction, the governing board of the district may immediately suspend the employee for a period of time extending for not more than 10 days after the date of the entry of the court judgment. However, the suspension may be extended beyond such 10-day period in case the governing board gives notice within such 10-day period that it will dismiss the employee 30 days after the service of the notice, unless the employee demands a hearing. An employee so suspended shall continue to be paid his or her regular salary during the period of the suspension if and during such time as he or she furnishes to the district a suitable bond, or other security acceptable to the governing board, as a guarantee that the employee will repay to the district the amount of salary so paid to him or her during the period of the suspension in case the employee is convicted of such charges, or the employee does not return to service after such period of suspension. If the judgment determines that the employee is not guilty of such charges, or if the complaint, information, or indictment is dismissed, the district shall reimburse the employee for the cost of the bond; or, if the employee has not elected to furnish such bond, the district shall pay to the employee his or her full compensation during the period of the suspension; provided the employee returns to service after such period of suspension. (Amended by Stats. 1980, Ch. 514, Sec. 6.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88124. Source version: id_ff908813-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a copy of the written charges by filing a written answer to the charges. Such an appeal is not available to an employee who is not in the permanent classified service except as provided by rules of the commission. An employee in the permanent classified service who has not served the time designated by the commission as probationary for the class may be demoted to the class from which promoted without recourse to an appeal or hearing by the commission, except as otherwise provided by rules of the commission; and provided, that such demotion does not result in the separation of the employee from the permanent classified service. Nothing in this section shall operate to alter the protections guaranteed under Section 88128. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88125. Source version: id_ff908815-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of an accused employee shall, order a hearing. The accused employee shall have the right to appear in person or with counsel and to be heard in his or her own defense. The decision shall not be subject to review by the governing board. (Amended by Stats. 1995, Ch. 758, Sec. 220. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88126. Source version: id_ff908817-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. If the commission sustains the employee, it may order paid all or part of his or her full compensation from the time of suspension, demotion, or dismissal, and it shall order his or her reinstatement upon terms and conditions that it deems appropriate. The commission may modify the disciplinary action, but may not make the action more stringent than that approved by the board. In addition, the commission may direct any other action that it finds necessary to effect a just settlement of the appeal, including, but not limited to, compensation for all or part of the legitimate expenses incurred in pursuit of the appeal, seniority credit for off-duty time pending reinstatement, transfer or change of location of the employee, and expunction from the employee’s personnel record of disciplinary actions, cause, and charges that were not sustained by the commission. Upon receipt of the commission’s written decision, the board shall comply with its provisions. When the board has fully complied with the commission’s decision, it shall so notify the commission in writing. (Amended by Stats. 1995, Ch. 758, Sec. 221. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88127. Source version: id_ff920eb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in the reverse order of layoff. For purposes of this section, for service commencing or continuing after July 1, 1971, “length of service” means all hours in paid status, whether during the school year, a holiday, recess, or any period that a school is in session or closed, but does not include any hours compensated solely on an overtime basis as provided for in Section 88027. Nothing in this section shall preclude the governing board of a community college district from entering into an agreement with the exclusive representative of the classified employees that defines “length of service” to mean the hire date. If a governing board enters into an agreement with the exclusive representative of classified employees that defines “length of service” to mean the hire date, the governing board may define “length of service” to mean the hire date for a classification of employee not represented by any exclusive bargaining unit. Nothing in this section shall preclude the granting of “length of service” credit for time spent on unpaid illness leave, or unpaid industrial accident leave. In addition, for military leave of absence, “length of service” credit shall be granted pursuant to Section 88116. “Hours in paid status” shall not be interpreted to mean any service performed prior to entering into a probationary or permanent status in the classified service of the district except service in restricted positions as provided in this chapter. (Amended by Stats. 1993, Ch. 589, Sec. 55. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88128. Source version: id_ff920ebb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Any permanent classified employee of a community college district, who voluntarily resigns from his or her permanent classified position, may be reinstated or reemployed by the governing board of the district, within 39 months after the employee’s last day of paid service and without further competitive examination, to a position in his or her former classification as a permanent or limited-term employee, or as a permanent or limited-term employee in a related lower class or a lower class in which the employee formerly had permanent status. If the governing board elects to reinstate or reemploy a person as a permanent employee under this section, it shall disregard the break in service of the employee and classify him or her as, and restore to the employee all of the rights, benefits and burdens of, a permanent employee in the class to which he or she is reinstated or reemployed. (Amended by Stats. 1995, Ch. 758, Sec. 222. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88129. Source version: id_ff920ebd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. No warrant shall be drawn by or on behalf of the governing board of any district for the payment of any salary or wage to any employee in the classified service unless the assignment bears the certification of the personnel director that the person named in the assignment has been employed and assigned pursuant to this article and the rules of the commission. Whenever the commission, after a public hearing, finds that any appointment has been made in violation of this article or the rules of the commission as they apply to examination procedures, the commission may order that no salary warrant shall thereafter be drawn to the employee so appointed, for services rendered after the date of said order. Any violation of this article or the rules of the commission as they apply to examination procedures shall constitute grounds for the dismissal of the employee or employees guilty of such violation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88130. Source version: id_ff920ebf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths. It may, at will, inspect any records of the governing board that may be necessary to satisfy itself that the procedures prescribed by the commission have been complied with. Hearings may be held by the commission on any subject to which its authority may extend as described in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88131. Source version: id_606d84be-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. The commission may authorize a hearing officer or other representative to conduct any hearing or investigation which the commission itself is authorized by this article to conduct. Any such authorized person conducting such hearing or investigation may administer oaths, subpoena and require the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil cases in the superior court of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. The commission may instruct such authorized representative to present findings or recommendations. The commission may accept, reject or amend any of the findings or recommendations of the said authorized representative. Any rejection or amendment of findings or recommendations shall be based either on a review of the transcript of the hearing or investigation or upon the results of such supplementary hearing or investigation as the commission may order. The commission may employ by contract or as professional experts or otherwise any such hearing officers or other representatives and may adopt and amend such rules and procedures as may be necessary to effectuate this section. (Amended by Stats. 2004, Ch. 182, Sec. 28. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88132. Source version: id_0bac27f6-3b31-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receipt of the written request, the legal counsel is deemed to have refused to aid or represent the commission in that matter. (b) (1) The legal counsel shall refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that at the time the request is made a conflict exists between the interests of the commission and the interests of the governing board or the community college district. (2) Notwithstanding any other provision of this article, a member of the commission may also declare that a conflict exists between the interests of the commission and the interests of the governing board or the community college district. A conflict shall not be found pursuant to this paragraph unless approved by a majority vote of the members of the commission. (c) If the legal counsel or the commission finds that a conflict exists, or if the legal counsel otherwise refuses to aid or represent the commission in a legal matter, the commission may employ its own attorney, and the reasonable cost of the attorney shall constitute a legal charge against the general funds of the community college district. (Amended by Stats. 2020, Ch. 48, Sec. 2. (AB 2234) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88136. Source version: id_ff93bc75-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. Any person who willfully, or through culpable negligence, violates this article is guilty of a misdemeanor. It is also unlawful for any person to do any of the following: (a) Willfully, by himself or herself or in cooperation with another person, to defeat, deceive, or obstruct any person with respect to his or her right of examination, application, or employment under this article or commission rule. (b) Willfully and falsely, to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under this article or commission rule, or to aid in so doing, or to make any false representation concerning the same or the person examined. (c) Willfully, to furnish to any person any special or secret information regarding contents of an examination for the purpose of either improving or injuring the prospects or chances of any person examined, or to be examined under this article or commission rule. (Amended by Stats. 1995, Ch. 758, Sec. 224. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88137. Source version: id_ff93bc77-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. In every community college district coterminous with the boundaries of a city and county, employees employed in nonacademic positions shall be employed, if the city and county has a charter providing for a merit system of employment, pursuant to the provisions of the charter providing for the system and shall, in all respects, be subject to, and have all rights granted by, those provisions; provided, however, that the governing board of the district shall have the right to fix the duties of all of its employees. (Amended by Stats. 1990, Ch. 1302, Sec. 193. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88138. Source version: id_cabea53b-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. (a) A merit (civil service) system within a community college district may be terminated by one of the following methods: (1) (A) If the governing board of a community college district receives a written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the governing board of the community college district calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years, the governing board of the community college district shall order the county superintendent of schools to place the question of termination of the system on the ballot at the next regular governing board member election, or the next primary or general election in a general election year, whichever is the earlier after receipt by the county superintendent of schools. (B) The statement of purpose of the election shall read: “Shall the merit (civil service) system for school employees not employed as faculty or educational administrators, as provided for in Article 3 (commencing with Section 88060) of Chapter 4 of Part 51 of Division 7 of Title 3 of the Education Code of the State of California, and which has been in operation for at least five years, be terminated by the _____ Community College District of ____ County (or counties, where appropriate) on _____ (date to be specified by board)?” (C) The petition calling for the election, to be valid, shall contain the statement of purpose for the election as contained in this section. (2) (A) If the governing board of a community college district receives a written petition from 40 percent of the classified employees entitled to vote calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years or has been imposed pursuant to the terms of Section 45119 or 45120, the governing board of the community college district shall conduct an election by secret ballot of its classified personnel to determine whether or not they desire to have the merit system terminated within the community college district. The ballot shall read: “Shall the merit (civil service) system for classified employees be terminated in the ____ (name of community college district) as of ____ (termination date)?” (B) As used in this subdivision, “classified employees” means all personnel who are a part of the classified service who are appointed in accordance with Section 88091. (C) In order to be valid, the petition calling for the termination of the merit (civil service) system shall be submitted to the governing board of a community college district within 90 days after the date that the notice for the circulation of the petition was filed with the governing board of the community college district. The election shall be held during the regular academic year and shall be held no earlier than 45 days and no later than 180 days after the date that the petition was submitted to the governing board of the community college district. (D) If the merit system was adopted pursuant to Section 88057, classified employees entitled to vote in an election pursuant to this paragraph shall be limited to those classified employees who reside in the district. (E) The governing board of a community college district shall devise an identification system designed to protect against fraud in the balloting process while also ensuring the secrecy of the ballot. In addition, the governing board of the community college district shall appoint a three-member tabulation committee consisting of one member of the governing board, one member of the personnel commission of the community college district, and one member who shall be a classified employee of the community college district designated by the largest exclusive representative of classified employees within the community college district. It shall be the responsibility of the tabulation committee to canvass the election ballots and to certify the results of the election to the governing board of the community college district at the next regular meeting of the governing board of the community college district following the completion of the tabulation of the election results by the committee. No representative of the community college district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. (F) Notwithstanding any other law, the governing board of a community college district shall not be required to provide release time for classified personnel to vote in an election conducted pursuant to this paragraph. The governing board of the community college district shall not conduct an election under this paragraph more than once in any two-year period. (G) Members of the classified service shall be provided an adequate and ample opportunity to be informed of the arguments in favor of and in opposition to the termination of the merit (classified service) system before the conducting of an election called pursuant to this paragraph. That opportunity shall include an open forum during which proponents of, and opponents to, the termination of the merit (civil service) system shall be permitted to debate the issue. (b) If the community college district communicates with classified employees in favor of terminating the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the community college district to communicate against terminating that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on terminating the system. (c) (1) It shall be unlawful for a public school employer and the exclusive representative of the classified employees of a community college district to include the subject of the termination of the merit (classified service) system within the scope of representation. (2) Notwithstanding paragraph (1) or any other law, all election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. (Amended by Stats. 2021, Ch. 88, Sec. 4. (AB 289) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 3. Merit System [88060 - 88139] SECTION 88139. Source version: id_ff95431b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=3. If the majority of the qualified electors vote to terminate the merit system in a community college district, or if the majority of the classified employees vote to terminate the merit system in a community college district, the personnel commission shall cease to function on the date specified in the election and the law pertaining to merit system districts shall cease to have any force or effect in that district. Simultaneously, with the termination of the merit system, the governing board shall adopt rules and regulations relating to classified school employees as required by Section 88013. Notwithstanding an action to terminate the merit system in a community college district, the provisions of Section 88051, 88053, and 88054 shall be applicable at any time after at least two years have elapsed after the system has ceased to operate. (Amended by Stats. 1982, Ch. 188, Sec. 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88160. Source version: id_ff96c9bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. The governing board of any community college district, including city boards of education, shall fix and order paid the compensation of persons a part of the classified service and other nonacademic employees employed by the board unless otherwise prescribed by law. (Amended by Stats. 1990, Ch. 1302, Sec. 195. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88162. Source version: id_ff96c9c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. (a) The governing board of any community college district shall, not later than the date prescribed by law for approval of the publication budget of every year, fix the annual salaries for the ensuing school year for all persons employed by the district in nonacademic positions. The governing board may, at the time, include an increase in those annual salaries, all or part of which increase is conditional upon the actual receipt by the district of anticipated revenue from all sources. If the revenue actually received is less than that anticipated, the governing board may, at any time during the school year, reduce those annual salaries by an amount not to exceed the amount which was granted subject to the receipt of such revenues. (b) The governing board of a community college district may, at any time during the school year, increase the salaries of persons employed by the district in nonacademic positions. The increase shall be effective on any date ordered by the governing board. (c) A governing board may, at any time, increase the wages or salaries of classified employees if the board or, in a merit system district, the personnel commission approves a classification change in a position, a class of positions, or any or all of the positions or classes of positions a part of the classified service. (d) The provisions of this section shall not be construed to permit a governing board to demote or dismiss an employee as a result of reclassification of a position or class of positions except as may otherwise be permitted by law. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 1990, Ch. 1302, Sec. 196. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88163. Source version: id_ff96c9c3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. If the governing board of a community college district cannot comply with the provisions of subdivision (a) of Section 88162 because it is engaged in a study, which was commenced prior to the commencement of the school year, to increase the salaries and wages of persons employed by the district in nonacademic positions, the board may, by appropriate action taken prior to the final adoption of its budget, do either of the following: (a) Adopt an interim salary schedule which shall be the same schedule as for the preceding year, except that increases may be granted at that time based upon increased cost-of-living indexes, and provide that the salaries and wages fixed as a result of the study shall be payable for the entire school year to include the period thereof in which the study was conducted and final board action taken. (b) Provide that the salaries and wages fixed as a result of the study shall be effective only for that portion of the school year, as determined by the board at the time it takes action after the study has been completed. “Portion of the school year,” as used in this subdivision shall not be for any period of time less than the period of time remaining in the school year from the date the governing board adopts the salary schedule based on the study commenced prior to that school year. (Amended by Stats. 1990, Ch. 1302, Sec. 197. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88164. Source version: id_ff96c9c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. The governing board of any community college district not paying the annual or monthly salaries of persons employed by the district in 12 equal monthly payments may withhold, upon election by the individual employee, from each payment made to that employee an amount as follows: (a) For an employee employed 11 months of a year, an amount equal to 81/3 percent thereof and the total amount deducted to be paid not later than the 10th day of September next succeeding. (b) For an employee employed 10 months of a year, an amount equal to 162/3 percent thereof and the total amount deducted to be paid in two equal monthly installments not later than the 10th day of August and the 10th day of September next succeeding. (c) For an employee employed nine months a year, an amount equal to 25 percent thereof and the total amount deducted to be paid in three equal monthly installments not later than the 10th day of July, the 10th day of August and the 10th day of September next succeeding. If Section 85244 is made applicable to any district, this section shall apply except that the amount deducted from each regular pay period and ultimate dates for payment of the amount deducted shall be computed and set in accordance with the system adopted under Section 85244. Once an employee has elected to be brought under the provisions of this section, the election shall not be revocable until the commencement of the next ensuing fiscal year. However, if any employee leaves the service of the district by death or otherwise before receiving moneys that may be due him or her, the amount due the employee shall be paid within 30 days of the last working day to the employee or any other person entitled thereto by law. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 225. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88165. Source version: id_ff985067-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. Orders for the payment of wages and payroll orders and warrants for the payment of wages of employees a part of the classified service in any community college district shall be drawn at least once during each calendar month, for those districts not using Section 85244 or 85260. Payment shall be made on the last working day of the month in which the employee was in paid status. This section shall not prohibit a community college district from making a payment of earned salary prior to the last working day of the pay period or of the month. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 226. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88166. Source version: id_ff985069-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. Whenever it is determined that an error has been made in the calculation or reporting in any classified employee payroll or in the payment of any classified employee’s salary, the appointing authority shall, within five workdays following such determination, provide the employee with a statement of the correction and a supplemental payment drawn against any available funds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88167. Source version: id_ff3b4434-8395-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. (a) (1) Except as provided in subdivision (b), the governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district, may, without charge, reduce the order by the amount that it has been requested in a revocable written authorization by an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any employee organization or bona fide association, whose membership consists, in whole or in part, of employees of that community college district, and that has, as one of its objectives, improvements in the terms or conditions of employment for the advancement of the welfare of those employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. (2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on the increase at a time sufficiently before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the authorization. The employee organization shall provide the community college district with notification of the increase at a time sufficiently before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase that has been sent to all concerned employees. (3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board shall reduce the employee’s pay warrant by the designated amount in the next pay period following the closing date for receipt of changes in pay warrants. (4) The governing board, on the same designated date of each month, shall draw its order upon the funds of the community college district in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to the employee organization during the pay period. (5) The governing board shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization. (6) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing such requests. The governing board shall rely on the information provided by the employee organization to cancel or change authorizations, and the employee organization shall indemnify the governing board for any claims made by the employee for deductions made in reliance on that information. (7) A classified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the governing board for any claims made by the employee for deductions made in reliance on its notification. (b) The governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized employee organization as required in an organizational security arrangement between the exclusive representative and a community college district employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order. (c) This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 2018, Ch. 53, Sec. 4. (SB 866) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88167.5. Source version: id_9ea72322-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. (a) Notwithstanding any other provision of law, the governing board of a community college district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a classified employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee. (b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section. (2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs. (c) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 2006, Ch. 538, Sec. 139. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 4. Salaries [88160 - 88168] SECTION 88168. Source version: id_ff99d70f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=4. Upon initial employment and upon each change in classification thereafter, each classified employee shall be furnished two copies of his or her class specification, salary data, assignment or work location, together with duty hours and the prescribed workweek. The salary data shall include the annual, monthly or pay period, daily, hourly, overtime and differential rate of compensation, whichever are applicable. One copy shall be retained by the employee and the other copy shall be signed and dated by the employee and returned to his or her supervisor. This section shall not apply to short-term, limited-term, or provisional employees, as those terms are defined in this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 228. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 5. Differential Compensation [88180 - 88186] SECTION 88180. Source version: id_ff99d713-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=5. For purposes of this article, the following definitions shall apply unless the context indicates otherwise: (a) “Differential compensation” means either a reduction in the number of hours required to be actually worked or an increase in salary. (b) “Shift” means the number of hours worked and shall include a duty-free meal period of not less than one-half hour which, in the case of a seven- or eight-hour shift, shall occur approximately at the midpoint of the shift. This subdivision shall not apply to employees working six hours or less, or assigned to a split shift. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 5. Differential Compensation [88180 - 88186] SECTION 88181. Source version: id_ff9b5db5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=5. The governing board of every community college district, or the personnel commission in any merit system district, shall, insofar as it is possible to do so, determine the practices relating to morning- and night-shift salary differentials in the private employment fields in which it must compete for employees for its classified staff and shall consider the advisability of providing comparable salary differentials for its classified staff. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 5. Differential Compensation [88180 - 88186] SECTION 88182. Source version: id_ff9b5db7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=5. The governing board of any community college district may provide differential compensation to those classified employees who perform duties of a distasteful, dangerous, or unique nature when, in the opinion of the board, such compensation is reasonably justified. In a merit system district, such differentials shall be based upon findings and recommendations of the personnel commission and shall not be applied in a manner contrary to the principle of like pay for like service. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 5. Differential Compensation [88180 - 88186] SECTION 88183. Source version: id_ff9b5db9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=5. Assignment to duties for which differential compensation is designated, other than a temporary assignment of less than 20 working days, shall be made on the basis of seniority among those employees within the appropriate class who request such an assignment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 5. Differential Compensation [88180 - 88186] SECTION 88184. Source version: id_ff9b5dbb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=5. No employee assigned to work a shift entitled to differential compensation shall be demoted in class or grade as a result of such an assignment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 5. Differential Compensation [88180 - 88186] SECTION 88185. Source version: id_ff9b5dbd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=5. An employee receiving differential compensation on the basis of his or her shift shall not lose that compensation if the employee is temporarily, for 20 working days or less, assigned to a shift not entitled to that compensation. The regular rate of pay for all purposes of an employee assigned to a shift which provides differential compensation shall be the differential rate. (Amended by Stats. 1995, Ch. 758, Sec. 229. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 5. Differential Compensation [88180 - 88186] SECTION 88186. Source version: id_ff9b5dbf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=5. This article shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88190. Source version: id_7f935a8d-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) Governing boards of community college districts may grant voluntary leaves of absence and vacations, with or without pay, to persons employed in the classified service of the district. (b) If a community college district places an employee on an involuntary leave of absence during the period the employee is charged with a criminal offense, is under a criminal investigation, or is waiting due to administrative delay for necessary job-related administrative determinations, then upon the conclusion of the proceedings in favor of the employee, the community college district shall pay to the employee the employee’s full compensation for the period of the involuntary leave of absence upon the employee’s return to service in the community college district. For purposes of this subdivision, “involuntary leave of absence” includes, but is not limited to, a compulsory leave of absence or a suspension. This subdivision shall not reduce any entitlement to paid leave or replace any relevant procedures under any other law. (c) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 2023, Ch. 331, Sec. 2. (AB 472) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88191. Source version: id_ff9ce465-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Every classified employee employed five days a week by a community college district shall be entitled to 12 days leave of absence for illness or injury and such additional days, in addition thereto, as the governing board may allow for illness or injury, exclusive of all days the employee is not required to render service to the district, with full pay for a fiscal year of service. A classified employee, employed five days a week, who is employed for less than a full fiscal year, is entitled to that proportion of 12 days leave of absence for illness or injury as the number of months the employee is employed bears to 12 and the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. A classified employee employed less than five days per week shall be entitled, for a fiscal year of service, to that proportion of 12 days leave of absence for illness or injury as the number of days the employee is employed per week bears to five and is entitled to the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. When these persons are employed for less than a full fiscal year of service, this and the preceding paragraph shall determine that proportion of leave of absence for illness or injury to which they are entitled. Pay for any day of such absence shall be the same as the pay which would have been received had the employee served during the day. Credit for leave of absence need not be accrued prior to taking that leave by the employee and such leave of absence may be taken at any time during the year. However, a new employee of a district shall not be eligible to take more than six days, or the proportionate amount to which the employee may be entitled under this section, until the first day of the calendar month after completion of six months of active service with the district. If the employee does not take the full amount of leave allowed in any year under this section, the amount not taken shall be accumulated from year to year with such additional days as the governing board may allow. The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purpose of this section. These rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized religious sect, denomination or organization. This section shall not apply to a district in which the full-time equivalent student of the district is in excess of 400,000, if the district maintains sick leave policies not less than those in effect in such districts on January 1, 1961. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 230. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88192. Source version: id_1507c9a2-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) The governing board of a community college district shall provide, by rules and regulations, for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a community college district that is created or whose boundaries or status is changed by an action to organize or reorganize community college districts completed after January 1, 1975, shall provide, by rules and regulations, for these leaves of absence on or before the date on which the organization or reorganization of the community college district becomes effective for all purposes. (b) The rules and regulations shall include all of the following provisions: (1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident. (2) Allowable leave shall not be accumulative from year to year. (3) Industrial accident or illness leave of absence shall commence on the first day of absence. (4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day. (5) Industrial accident leave shall be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. (6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. (c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 88191. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if an employee is receiving workers’ compensation, the employee shall be entitled to use only so much of his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave as, when added to the workers’ compensation award, provide for a full day’s wage or salary. (d) The governing board of a community college district, by rule or regulation, may provide for additional leave of absence, paid or unpaid, as it deems appropriate and during that leave the employee may return to his or her position without suffering any loss of status or benefits. (e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. (f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off or other available leave provided by law or the action of a governing board of a community college district, the employee shall endorse to the community college district wage loss benefit checks received under the workers’ compensation laws of this state. The community college district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. (g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of his or her previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations. (h) The governing board of a community college district may require that an employee serve, or have served continuously, a specified period of time with the community college district before the benefits provided by this section are made available to the employee. However, that period shall not exceed three years. All service of an employee before the effective date of this section shall be credited in determining compliance with the requirement. (i) In the absence of rules and regulations adopted by the governing board of a community college district pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of that leave and without any requirement of a specified period of service. (j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. (k) This section applies to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 2016, Ch. 86, Sec. 75. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88193. Source version: id_bd50427c-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. The governing board of any community college district may provide for such leave of absence from duty as it deems appropriate for any female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy or convalescence following childbirth, and may adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2026, Ch. 79, Sec. 26. (SB 135) Effective July 13, 2026. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 27 of Stats. 2026, Ch. 79.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88193. Source version: id_f5d29f36-7fc2-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) (1) The governing board of a community college district shall provide for a leave of absence from duty for an employee in the classified service of the community college district who is required to be absent from duty because the employee is experiencing or has experienced pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Except as provided in paragraph (2), the leave of absence shall be with full pay, subject to a maximum of 14 weeks. The paid leave may begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions. (2) For part-time employees in the classified service, the amount of paid leave per week, subject to a maximum of 14 weeks, shall be calculated in accordance with the following: (A) If the part-time employee works a fixed number of hours per week, the employee shall receive weekly pay for the total number of hours the employee is normally scheduled to work for the community college district. (B) (i) Except as provided in clause (ii), if the part-time employee does not work a fixed number of hours per week, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the six-month period immediately preceding the date that the employee began their paid leave. (ii) If the part-time employee has been employed for less than six months, the employee shall receive weekly pay in an amount equaling the employee’s average weekly pay during the entire period of that employment preceding the date that the employee began their paid leave. (3) Notwithstanding any other law, a community college district shall maintain group health coverage for an employee who takes a leave of absence under this section for the duration of the leave of absence at the same level and under the same conditions that coverage would have been provided if the employee had not taken a leave of absence. (4) A leave of absence taken under this section shall not be deducted from any other leaves of absence available to the employee for subsequent injury, illness, or disabilities, including those caused or contributed to by pregnancy, miscarriage, or childbirth, pursuant to state or federal regulations or laws, except as provided in subdivision (e). (5) Compensation during the leave of absence taken under this section shall include retirement fund contributions required of the community college district. The employee shall earn full service credit during the leave of absence and shall pay member contributions to the retirement fund. (b) Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by a community college district. (c) Except as provided in this section, written and unwritten employment policies and practices of a community college district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities. (d) Except as provided in this section, there are no eligibility requirements, including, but not limited to, minimum hours worked or length of service, before an employee disabled by pregnancy, childbirth, termination of pregnancy, or related medical conditions is eligible for a paid leave of absence under this section. (e) A community college district that has elected to become an employer subject to Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code pursuant to Section 710.4 of the Unemployment Insurance Code may apply the disability benefits of an employee under Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code in partial satisfaction of the requirements of this section. Full satisfaction of the requirements of this section is met if the employer ensures that the employee receives the full amount of pay during the leave of absence required by this section without a reduction to the vacation, sick, or other compensated leave time balances of the employee. (f) This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (g) Nothing in this section shall be construed to diminish the obligation of a community college district to comply with any collective bargaining agreement entered into by a community college district and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater disability or parental leave rights to employees than the rights established under this section. (h) This section shall become operative on January 1, 2027. (Repealed (in Sec. 26) and added by Stats. 2026, Ch. 79, Sec. 27. (SB 135) Effective July 13, 2026. Operative January 1, 2027, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88194. Source version: id_ff9e6b0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Every person employed in the classified service of any community college district shall be granted necessary leave of absence, not to exceed three days, or five days if out-of-state travel is required, on account of the death of any member of his or her immediate family. No deduction shall be made from the salary of the employee nor shall such leave be deducted from leave granted by other sections of this code or provided by the governing board of the district. The governing board may enlarge the benefits of this section and may expand the class of relatives listed below as members of the immediate family. “Members of the immediate family,” as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 232. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88195. Source version: id_ff9e6b0d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. A permanent employee of the classified service who has exhausted all entitlement to sick leave, vacation, compensatory overtime, or other available paid leave and who is absent because of nonindustrial accident or illness may be granted additional leave, paid or unpaid, not to exceed six months. The board may renew the leave of absence, paid or unpaid, for two additional six-month periods or lesser leave periods that it may provide but not to exceed a total of 18 months. An employee, upon ability to resume the duties of a position within the class to which he or she was assigned, may do so at any time during the leaves of absence granted under this section and time lost shall not be considered a break in service. The employee shall be restored to a position within the class to which he or she was assigned and, if at all possible, to his or her position with all the rights, benefits and burdens of a permanent employee. If, at the conclusion of all leaves of absence, paid or unpaid, the employee is still unable to assume the duties of his or her position, the employee shall be placed on a reemployment list for a period of 39 months. At any time during the prescribed 39 months that the employee is able to assume the duties of his or her position, the employee shall be reemployed in the first vacancy in the classification of his or her previous assignment. The employee’s reemployment shall take preference over all other applicants except for those laid off for lack of work or funds under Section 88117 in which case the employee shall be ranked according to his or her proper seniority. Upon resumption of the employee’s duties, the break in service will be disregarded and the employee shall be fully restored as a permanent employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 233. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88196. Source version: id_ff9e6b0f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. When a person employed in the classified service is absent from his or her duties on account of illness or accident for a period of five months or less, whether or not the absence arises out of or in the course of employment of the employee, the amount deducted from the salary due the employee for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employee employed to fill the employee’s position during his or her absence. Except in a district where the governing board has adopted a salary schedule for substitute employees of the district, the amount paid the substitute employee during any month shall be less than the salary due the employee absent from the employee’s duties. Entitlement to sick leave provisions under this section, if any, shall be considered “entitlement to other sick leave” for the purposes of computing benefits under Section 88192 if the absence is for industrial accident or illness and shall be used after entitlement to all regular sick leave, accumulated compensating time, vacation or other available paid leave has been exhausted. This section shall not apply to any community college district that adopts and maintains, in effect, a rule which provides that a regular classified employee shall be credited once a year with a total of not less than 100 working days of paid sick leave, including days to which he or she is entitled under Section 88191. These days of paid sick leave, in addition to those required by Section 88191, shall be compensated at not less than 50 percent of the employee’s regular salary. The paid sick leave authorized under such a rule shall be exclusive of any other paid leave, holidays, vacation, or compensating time to which the employee may be entitled. Nothing in this section shall preclude the governing board from adopting such a rule. (Amended by Stats. 1995, Ch. 758, Sec. 234. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88196.1. Source version: id_a5831815-fcf1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. (2) In the community college districts that use the differential pay system described in the first paragraph of Section 88196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. (3) In community college districts that use the differential pay system described in the last paragraph of Section 88196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. (4) Regardless of the type of differential pay system used by the community college district pursuant to paragraphs (2) and (3), the compensation a classified employee shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (b) For purposes of subdivision (a), all of the following apply: (1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. (2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. (c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district. (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. (e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. (f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (Amended by Stats. 2018, Ch. 994, Sec. 4. (AB 2012) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88196.5. Source version: id_ff9e6b11-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. A community college district may deduct from the salary otherwise payable to an employee under Section 88196 an amount which is payable, in lieu of salary and on account of the absence for illness or accident, to the employee as the beneficiary under a policy of insurance purchased by the district. This section shall not be applicable unless specifically included in a collective bargaining agreement between the exclusive representative and the school employer. (Added by Stats. 1978, Ch. 323.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88197. Source version: id_ff9e6b13-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) Every community college district shall grant to regular classified employees an annual vacation at the regular rate of pay earned at the time the vacation is commenced. The vacation shall be as determined by the community college district, but shall be not less than five-sixths of a day for each month in which the employee is in a paid status for more than one-half the working days in the month, if the employee is regularly employed five days per week, seven to eight hours a day. An employee in a paid status for less than one-half the working days in a month shall have his or her vacation credit accrued on the basis provided for in subdivision (b) or (c). (b) In lieu of accrual of vacation credit on a monthly basis and proration as prescribed in subdivision (a), a district may provide for accrual of vacation credit on any of the following bases: (1) For all employees or classes of employees who work a full workweek of 40 hours, the district shall provide 0.03846 hour of vacation credit for each hour of paid service, not including overtime. (2) For all employees or classes of employees who work a full workweek of 37.5 hours, the district shall provide 0.04087 hour of vacation credit for each hour of paid service, not including overtime. (3) For all employees or classes of employees who work a full workweek of 35 hours, the district shall provide 0.04379 hour of vacation credit for each hour of paid service, not including overtime. (c) For all employees regularly employed for fewer than 35 hours a week, regardless of the number of hours or days worked per week, the vacation credit shall be computed at the rate of 0.03846 for each hour the employee is in paid status, not including overtime. (d) Vacation, with the approval of the employer, may be taken at any time during the college year. If the employee is not permitted to take his or her full annual vacation, the amount not taken shall accumulate for use in the next year or be paid for in cash at the option of the governing board. (e) Earned vacation shall not become a vested right until completion of the initial six months of employment. (f) The employee may be granted vacation during the college year even though not earned at the time the vacation is taken. (g) If an employee is terminated and had been granted vacation which was not yet earned at the time of termination of his or her services, the employer shall deduct from the employee’s severance check the full amount of salary which was paid for such unearned days of vacation taken. (h) Upon separation from service, the employee shall be entitled to lump-sum compensation for all earned and unused vacation, except that employees who have not completed six months of employment in regular status shall not be entitled to such compensation. (i) This section shall not apply to substitute, short-term, or limited-term employees, as defined in Sections 88003 and 88105, unless those employees are specifically included by the district. (j) The district may expand the benefits provided for in this section. (k) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 235. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88198. Source version: id_ff9ff1b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. When any provision of this code expressly authorizes or requires the governing board of a community college district to grant a leave of absence for any purpose or for any period of time to persons employed in classified positions, that express authorization or requirement shall not deprive the governing board of the power to grant leaves of absence with or without pay to those employees for other purposes or for other periods of time, so long as the governing board does not deprive any employee of any leave of absence to which he or she is entitled by law. (Amended by Stats. 1995, Ch. 758, Sec. 236. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88199. Source version: id_ff9ff1b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Governing boards of community college districts may grant leaves of absence to persons employed in nonacademic positions, and at their discretion may pay compensation at the rate the board prescribes, during the absence, to any employee whose absence is caused by accident or illness, whether or not the absence arises out of or in the course of the employment of the employee, or because of quarantine which results from his or her contact with other persons having a contagious disease while performing his or her duties. (Amended by Stats. 1990, Ch. 1302, Sec. 198. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88200. Source version: id_ff9ff1b9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Governing boards of community college districts may allow permanent classified employees to interrupt or terminate vacation leave in order to begin another type of paid leave without a return to active service, provided the employee supplies adequate notice and relevant supporting information regarding the basis for such interruption or termination. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88201. Source version: id_ffa1785b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. The governing boards of any community college district may accept the resignation of any employee and may fix the time when the resignation shall take effect, which shall not be later than the close of the school year during which the resignation is received by the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88202. Source version: id_ffa1785d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Any classified employee of a community college district, school district, or county superintendent of schools who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause and who subsequently accepts employment with a community college district or county superintendent of schools within one year of the termination of his or her former employment, shall have transferred with him or her to the employing community college district or county superintendent of schools the total amount of earned leave of absence for illness or injury to which he or she is entitled under Section 45191 or 88191. This transfer shall be in the same manner as is provided for academic employees. In any case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board of the community college district or the county superintendent of schools newly employing the employee. All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the employing entity, be construed to have been served in the employing community college district or county superintendent of schools of employment for seniority purposes, except that the previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the board. No governing board of a community college district shall adopt any policy or rule, written or unwritten, that requires all classified employees, or any individual classification, or group of classifications of employees transferring to its district to waive any part or all benefits which they may be entitled to have transferred in accordance with this section. This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 1993, Ch. 326, Sec. 3. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88203. Source version: id_31e5a85c-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) (1) All probationary or permanent employees who are part of the classified service shall be entitled to the following paid holidays if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday: (A) January 1. (B) February 12 known as “Lincoln Day.” (C) The third Monday in February known as “Washington Day.” (D) The last Monday in May known as “Memorial Day.” (E) July 4. (F) The first Monday in September known as “Labor Day.” (G) November 11 known as “Veterans Day.” (H) That Thursday in November proclaimed by the President as “Thanksgiving Day.” (I) December 25. (J) Every day appointed by the President, or the Governor of this state, as provided for in subdivisions (c) and (d) of Section 79020 for a public fast, thanksgiving, or holiday. (K) Any day declared a holiday under Section 1318 for classified or academic employees. (2) College recesses during the Christmas and Easter periods shall not be considered holidays for classified employees who are normally required to work during that period; provided, however, that this shall not be construed as affecting vacation rights specified in this section. (3) For purposes of this section, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. (b) Regular employees of the community college district who are not normally assigned to duty during the community college holidays of December 25 and January 1 shall be paid for those two holidays if they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period. (c) When a holiday listed in this section falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday listed in this section falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a classified employee is required to work on any of the holidays listed in this section, they shall be paid compensation, or given compensating time off, for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half their regular rate of pay. (d) Article 3 (commencing with Section 79020) of Chapter 8 of Part 48 shall not be construed to in any way limit this section, nor shall anything in this section be construed to prohibit the governing board of a community college district from adopting separate work schedules for the academic and the classified services, or from providing holiday pay for employees who have not been in paid status on the days specified in this section. Notwithstanding the adoption of separate work schedules for the academic and the classified services, on any schoolday during which students would otherwise have been in attendance, but are not and for which faculty receive regular pay, classified personnel shall also receive regular pay whether or not they are required to report for duty that day. (e) In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on March 31 known as “Cesar Chavez Day,” a paid holiday on April 24 known as “Genocide Remembrance Day,” a paid holiday on the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” and a paid holiday on the fourth Friday in September known as “Native American Day,” if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday, if the governing board of the community college district, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the paid holiday. (f) In lieu of a paid holiday on February 12, Lincoln Day, or the third Monday in February, Washington Day, as specified in this section, the classified service shall be entitled to a paid holiday on the date corresponding to the Lunar New Year holiday selected pursuant to subdivision (n) of Section 79020, if they are in a paid status during any portion of the working day immediately preceding or succeeding the Lunar New Year holiday, if the governing board of the community college district, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the replacement holiday pursuant to subdivision (n) of Section 79020. (g) This section shall apply to community college districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 2025, Ch. 358, Sec. 6. (AB 268) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88204. Source version: id_ffa17861-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Notwithstanding the provisions of Section 88203, if a community college district establishes a position or class of positions for which employees are required to work exclusively on weekends and holidays, and for which a special salary rate is established that recognizes the exclusive weekend and holiday peculiarity, the employees and positions may be exempted, by the personnel commission, where applicable, or the governing board from the benefits of Section 88203. No governing board may create a position or a class of positions, under this section, to avoid payment of overtime. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88205. Source version: id_ffa17863-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Prior to July 1 of any college year, the governing board of any community college district may designate other days during that year as the holidays to which classified employees are entitled in lieu of the holidays on February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” or November 11 known as “Veterans Day” as specified in Section 88203, if the designated days provide for at least a three-day weekend. Classified employees shall be required to work on the regular holiday for which another day is designated pursuant to this section, and for work of eight hours or less, shall be paid compensation at their regular rate of pay. If any classified employee would be entitled to the regular paid holiday but would not be in a paid status during any portion of the working day immediately preceding or succeeding the day so designated in lieu of that holiday and therefore would not be entitled to a day in lieu of the holiday, he or she shall be entitled to the regular holiday; however, if the employee is required to work on that holiday, he or she shall be paid compensation at the rate of time and one-half of his or her regular rate of pay in addition to the regular pay received for the holiday. This section shall not be construed to authorize the maintenance of colleges on holidays other than as provided in Article 3 (commencing with Section 79020) of Chapter 8 of Part 48. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 238. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88205.5. Source version: id_ffa2ff05-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Notwithstanding any other provision of law, if the governing board of a community college district does not designate September 9 known as “Admission Day” as a paid holiday for classified employees, the district shall provide a substitute holiday for those employees. The substitute holiday shall be provided as specified in Section 88205. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 239. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88206. Source version: id_ffa2ff07-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. Any community college district that requires any classified employee to work a workweek other than Monday through Friday, or if the classified employee consents to a workweek including Saturday or Sunday, or both, and as a result thereof the employee loses a holiday to which he or she would otherwise be entitled, shall provide a substitute holiday for the employee, or provide compensation in the amount to which the employee would have been entitled had the holiday fallen within his or her normal work schedule. (Amended by Stats. 1995, Ch. 758, Sec. 240. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88207. Source version: id_ffa2ff09-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) A contract or regular employee may, at the employee’s election, use any days of absence for illness or injury earned pursuant to Section 88191 in cases of personal necessity, including any of the following: (1) Death of a member of the employee’s immediate family when additional leave is required beyond that provided both in Section 88194 and as a right by the governing board. (2) Accident involving the person or property of the employee or of a member of his or her immediate family. (3) Appearance in any court or before any administrative tribunal as a litigant, party, or witness under subpoena or any order made with jurisdiction. (4) Any other reasons that the governing board may prescribe. (b) The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for the purpose of this section. The adopted rules and regulations may not require an employee to secure advance permission for leave taken for the purposes specified in paragraphs (1) and (2) of subdivision (a). Earned leave in excess of seven days may not be used in any college year for the purposes enumerated in this section except if either of the following conditions exist: (1) A maximum number of days in excess of seven is specified for that purpose in an agreement between the exclusive representative of the employees and the community college district. (2) If there is no exclusive representative of the employees, the governing board of the community college district, by resolution, adopts a policy allowing earned leave in excess of seven days to be used in any school year for the purposes enumerated in this section. (c) Authorized necessity leave shall be deducted from sick leave earned under the exemption of Section 88191. (d) For purposes of this section, “immediate family” has the same meaning as in Section 88194. (e) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) and to community college districts that may be exempted from Section 88191. (Amended by Stats. 2003, Ch. 843, Sec. 3. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88207.5. Source version: id_955b4b15-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) A contract or regular employee may use up to 30 days of leave in a school year, less any days of leave authorized pursuant to Section 88207, in either of the following circumstances: (1) A biological parent may use leave pursuant to this section within the first year of his or her infant’s birth. (2) A nonbiological parent may use leave pursuant to this section within the first year of legally adopting a child. (b) If the provisions of this section are in conflict with the terms of a collective bargaining agreement in effect before January 1, 2015, the provisions of this section do not apply to the public employer and public employees subject to that agreement until the expiration or renewal of the agreement. (Amended by Stats. 2015, Ch. 303, Sec. 133. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88209. Source version: id_ffa2ff0b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. The Director of Employment Development is the administrator of the system of unemployment insurance, as provided in Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code. (Amended by Stats. 1977, Ch. 1252.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] SECTION 88210. Source version: id_d1f1c12d-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=6. (a) (1) The governing board of a community college district shall grant to a classified employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of a local community college district public employee organization, or of a statewide or national public employee organization with which the local organization is affiliated. (2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the community college district employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. (b) Upon request of a recognized local community college district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated, the governing board of a community college district shall grant a leave of absence, without loss of compensation, to a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization. Compensation during the leave shall include retirement fund contributions required of the community college district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. (c) Following the community college district’s payment of the employee for the leave of absence, the community college district shall be reimbursed by the employee organization of which the employee is an elected officer or an unelected member for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the community college district’s certification of payment of compensation to the employee. (d) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code. The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement. (e) The representing employee organization shall provide reasonable notification to the employer requesting a leave of absence without loss of compensation pursuant to subdivision (a). (f) (1) A classified employee who after August 31, 1987, was absent on account of elected-officer service, shall receive full service credit in the Public Employees’ Retirement System, provided that both of the following conditions are met: (A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service. (B) The employee organization of which the employee is an elected officer pays to the employee’s community college district an amount equal to the required Public Employees’ Retirement System member and employer retirement contributions, as prescribed by this section. (2) The community college district, following the written request and payment, shall transmit the amount received to the Public Employees’ Retirement System, informing it of the period of the employee’s leave of absence. The Public Employees’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence. (3) If the employee has been compensated by the community college district for the period of the service, then, as a condition to the employee’s entitlement to service credit for the period, the community college district shall be reimbursed by the employee organization for the amount of the compensation. (g) Notwithstanding any other provisions of law, this section shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1987. (h) This section shall not apply to an employee who is subject to a collective bargaining agreement that expressly provides for a leave of absence without loss of compensation for participation in authorized activities as an elected officer or an unelected member of the public employee organization. (Amended by Stats. 2021, Ch. 539, Sec. 5. (SB 294) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 7. Retraining and Study [88220 - 88227] SECTION 88220. Source version: id_ffa485b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=7. In enacting this article the Legislature recognizes that technological and other changes are occurring which may displace otherwise desirable classified employees in the public school systems of the state. The Legislature intends that the enactment of this article will encourage classified employees to prepare themselves for the changes that are occurring and will also encourage governing boards to utilize the article to further study and retraining by classified personnel. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 7. Retraining and Study [88220 - 88227] SECTION 88221. Source version: id_ffa485b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=7. The governing board of any community college district may grant any classified employee a leave of absence not to exceed one year for the purpose of permitting study by the employee or for the purpose of retraining the employee to meet changing conditions within the district. The governing board may provide that such a leave of absence shall be taken in separate six-month periods or in any other appropriate periods, rather than for a continuous one-year period; provided, that the separate periods of leave of absence shall be commenced and completed within a three-year period. Any period of service by the individual intervening between the authorized separate periods shall comprise a part of the service required for a subsequent leave of absence for study or retraining purposes. In community college districts operating under the merit system, such leaves of absence shall be granted in accordance with rules established by the personnel commission. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 7. Retraining and Study [88220 - 88227] SECTION 88222. Source version: id_ffa485b5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=7. No leave of absence shall be granted under this article to any employee for study purposes who has not rendered service to the district for at least seven consecutive years, or for retraining purposes who has not rendered service to the district for at least three consecutive years preceding the granting of the leave, and no more than one such leave of absence shall be granted in each seven- or three-year period, respectively. The governing board, or personnel commission in merit system districts, may prescribe standards of service which shall entitle the employee to the leave of absence. Any leave of absence granted under this article shall not be deemed a break in service for any purpose, except that such leave shall not be included as service in computing service for the granting of any subsequent leave under this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 7. Retraining and Study [88220 - 88227] SECTION 88223. Source version: id_ffa485b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=7. Every employee granted a leave of absence pursuant to this article may be required to perform such services during the leave as the governing board of the district and the employee may agree upon in writing. The employee shall receive such compensation during the period of the leave as the governing board and the employee may agree upon in writing, which compensation shall be not less than the difference between the salary of the employee on leave and the salary of a substitute employee in the position which the employee held prior to the granting of the leave. However, in lieu of such difference, the board may pay one-half of the salary of the employee on leave or any additional amount up to and including the full salary of the employee on leave. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 7. Retraining and Study [88220 - 88227] SECTION 88224. Source version: id_ffa60c59-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=7. Compensation granted by the governing board to the employee on leave may be paid in two equal annual installments during the first two years of service rendered in the employ of the governing board following the return of the employee from the leave of absence. The compensation shall be paid the employee while on the leave of absence in the same manner as if the employee were working for the district, upon the furnishing by the employee of a suitable bond indemnifying the governing board of the district against loss in the event that the employee fails to render at least two years’ service in the employ of the governing board following the return of the employee from the leave of absence. The bond shall be exonerated in the event the failure of the employee to return and render two years’ service is caused by the death or physicial or mental disability of the employee. If the governing board finds, and by resolution declares, that the interests of the district will be protected by the written agreement of the employee to return to the service of the district and render at least two years’ service therein following his return from the leave, the governing board in its discretion may waive the furnishing of the bond and pay the employee on leave in the same manner as though a bond is furnished. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 7. Retraining and Study [88220 - 88227] SECTION 88225. Source version: id_ffa60c5b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=7. Where one governing board serves as the governing board of two or more separate districts, an employee may fulfill the service requirements provided in Sections 88222 or 88224, or both, by service in any one or more of the districts under the jurisdiction of such governing board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 7. Retraining and Study [88220 - 88227] SECTION 88226. Source version: id_ffa60c5d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=7. This article shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter or other applicable provisions of this code that may hereafter be enacted. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 7. Retraining and Study [88220 - 88227] SECTION 88227. Source version: id_ffa60c5f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=7. The governing board of any community college district may grant reimbursement of the costs, including tuition fees, to any permanent classified employee who satisfactorily completes approved training to improve his or her job knowledge, ability, or skill. Programs eligible for reimbursement shall include, but not be limited to, courses of study at approved academic institutions, seminars and training institutes conducted by recognized professional associations, and conferences, meetings, and other training programs that are designed to upgrade the classified service and to encourage retraining of employees who may otherwise be subject to layoff as the result of technological changes. Eligibility for reimbursement shall be in accordance with rules established by the personnel commission in those districts that have adopted a merit system. This section shall not apply to any employee who is receiving training and is eligible for reimbursement by any other governmental agency, organization, or association. (Amended by Stats. 1995, Ch. 758, Sec. 242. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88240. Source version: id_ffa79303-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. This article may be cited as the Instructional Aide Act of 1968. The provisions of this article shall apply to personnel referred to in Section 72401 or any other section enacted before or after November 13, 1968, who perform the duties of instructional aides. (Amended by Stats. 1981, Ch. 470, Sec. 406.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88241. Source version: id_ffa79305-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. The Legislature recognizes the need to provide classroom instructors and other faculty with more time to instruct and to provide the means for them to utilize their professional knowledge and skills more effectively in the educational programs of the public schools. It is the intent of the Legislature to authorize the employment of instructional aides in order that classroom instructors and other faculty may draw upon the services of instructional aides to assist them in ways determined to be useful in improving the quality of educational opportunities for students. (Amended by Stats. 1990, Ch. 1302, Sec. 201. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88242. Source version: id_ffa79307-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. Instructional aides shall not be utilized to increase the number of students in relation to the number of classroom instructors in any community college district. All instructional aide positions in a community college district shall be assigned the basic title of “instructional aide” or other appropriate title designated by the governing board. To provide for differences in responsibilities and duties, additions to the basic title may be assigned such as “instructional aide I or II” or “instructional aide—volunteer,” or other appropriate title. (Amended by Stats. 1981, Ch. 470, Sec. 407.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88243. Source version: id_ffa79309-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. As used in this article, “instructional aide” means a person employed to assist classroom instructors and other faculty in the performance of their duties and in the supervision of students and in instructional tasks which, in the judgment of the faculty to whom the instructional aide is assigned, may be performed by a person not qualified as a classroom instructor. (Amended by Stats. 1990, Ch. 1302, Sec. 202. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88244. Source version: id_ffa7930b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. (a) Subject to the provisions of this article, any community college district may employ instructional aides to assist classroom instructors and other faculty in the performance of duties as defined in Section 88243. An instructional aide shall perform only such duties as, in the judgment of the faculty to whom the instructional aide is assigned, may be performed by a person not qualified as a classroom instructor. These duties shall not include assignment of grades to students. An instructional aide need not perform such duties in the physical presence of the instructor but the faculty member shall retain responsibility for the instruction and supervision of the students in his or her charge. (b) Educational qualifications for instructional aides shall be prescribed by the community college district employer and shall be appropriate to the responsibilities to be assigned. (Amended by Stats. 1990, Ch. 1302, Sec. 203. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88245. Source version: id_ffa919ad-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. No instructional aide shall give out any personal information concerning any student who is not his or her own child or ward, except under judicial process, to any person other than a faculty member or administrator in the college which the student attends. A violation of this section may be a cause for disciplinary action, including dismissal. (Amended by Stats. 1995, Ch. 758, Sec. 243. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88247. Source version: id_ffa919af-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. (a) An instructional aide shall not be deemed an academic employee for the purposes of apportioning state aid and no regrouping of students with instructional aides shall be construed as a class for apportionment purposes. (b) Instructional aides shall be classified employees of the district, and shall be subject to all of the rights, benefits, and burdens of the classified service, except as specified in Section 88005 for “restricted” positions. (Amended by Stats. 1990, Ch. 1302, Sec. 206. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88248. Source version: id_ffa919b1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. The community college district shall pay to each person employed as an instructional aide compensation at a rate not less than the minimum hourly rate prescribed by federal law. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 8. Instructional Aides [88240 - 88249] SECTION 88249. Source version: id_ffa919b3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=8. Notwithstanding the provisions of this article, or any other provisions of law, a community college district may utilize volunteers in the supervision and instruction of students, but any such volunteer shall be subject to the provisions of Section 72401 and this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] SECTION 88260. Source version: id_ffa919b7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=9. The provisions of this article shall become applicable upon the execution of an agreement between a county superintendent of schools and a community college district governing board providing for the assumption by the county superintendent of schools of a data processing center operated by the community college district. (Added by Stats. 1977, Ch. 746.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] SECTION 88261. Source version: id_ffaaa059-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=9. A community college district classified employee assigned to a data processing center which is transferred to a county superintendent of schools shall, upon the election of the employee to do so, cease to be an employee of the community college district upon the effective date of the agreement transferring the data processing center to the county superintendent of schools and shall thereafter be an employee of the county superintendent of schools and be paid from the county school service fund. (Amended by Stats. 1990, Ch. 1302, Sec. 207. Effective September 25, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] SECTION 88262. Source version: id_ffaaa05b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=9. District employees whose status is changed pursuant to this article shall retain all accumulated and unused sick leave, vacation, seniority rights and other rights and benefits which can reasonably be construed to have been an earned right at the time of transfer to the county school service fund. (Added by Stats. 1977, Ch. 746.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 51. EMPLOYEES [87000 - 88280] CHAPTER 4. Classified Employees [88000 - 88280] ARTICLE 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] SECTION 88263. Source version: id_ffaaa05d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=51.&chapter=4.&article=9. No employee transferred from community college district service pursuant to this article to a position, the salary of which is paid from the county school service fund, shall suffer any loss of salary at the time of transfer, or as to the future as it relates to his or her status on the salary scale of the county superintendent of schools in effect at that time. (Amended by Stats. 1995, Ch. 758, Sec. 244. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 1. Mission Statement [88600- 88600.] SECTION 88600. Source version: id_5bf2f6e0-c1b9-11e8-b6e7-294103bb0b7d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=1.&article= (a) The economic and workforce development program shall operate according to all of the following principles: (1) The program shall be responsive to the needs of employers, workers, and students. (2) The program shall collaborate with other public institutions, aligning resources to foster cooperation across workforce education and service delivery systems, and building well-articulated career pathways. (3) Program decisions shall be data driven and evidence based, investing resources and adopting practices on the basis of what works. (4) The program shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation. (5) The program shall be outcome oriented and accountable, measuring results for program participants, including students, employers, and workers. (6) The program shall be accessible to employers, workers, and students who may benefit from its operation. (7) The program shall provide guidance to local educational agencies on the allocation and oversight of apprenticeship training funds, consistent with the rules set by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. (b) The mission of the economic and workforce development program is to do all of the following: (1) To advance California’s economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement. (2) To advance California’s economic and jobs recovery and sustain economic growth through labor market-aligned education workforce training services, and sector strategies focusing on continuous workforce improvement, technology deployment, and business development, to meet the needs of California’s competitive and emerging industry sectors and industry clusters. (3) To use labor market information to advise the chancellor’s office and regional community college bodies on the workforce needs of California’s competitive and emerging industry sectors and industry clusters, in accordance with both of the following: (A) To the extent possible, the economic and workforce development program shall work with, share information with, and consider the labor market analyses produced by, the Employment Development Department’s Labor Market Information Division and the California Workforce Development Board. (B) The economic and workforce development program may also use its own resources to bolster and refine these labor market and industry sector and industry cluster analyses to fulfill its mission. (4) To provide technical assistance and logistical, technical, and communications infrastructure support that engenders alignment between the career technical education programs of the community college system and the needs of California’s competitive and emerging industry sectors and industry clusters. (5) To collaborate and coordinate investment with other state, regional, or local agencies involved in education and workforce training in California, including, but not necessarily limited to, the California Workforce Development Board, local workforce investment boards, the Employment Training Panel, the State Department of Education, and the Employment Development Department. (6) To identify, acquire, and leverage community college and other financial and in-kind public and private resources to support economic and workforce development and the career technical education programs of the state’s community colleges. (7) To work with representatives of business, labor, and professional trade associations to explore and develop alternatives for assisting incumbent workers in the state’s competitive and emerging industry sectors. A key objective is to enable incumbent workers to become more competitive in their region’s labor market, increase competency, and identify career pathways to economic self-sufficiency, economic security, and lifelong access to good-paying jobs. (Amended by Stats. 2018, Ch. 704, Sec. 13. (AB 235) Effective September 22, 2018. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 2. General Provisions [88610 - 88615] SECTION 88610. Source version: id_9f545dc2-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=2.&article= (a) The board of governors may award grants and project funds to districts for leadership in accomplishing the mission and goals of the program, provided that funds are appropriated for this purpose in the annual Budget Act. Grants under this section shall be awarded on a competitive basis, as determined by the board of governors and authorized in the annual Budget Act. (b) (1) The board of governors shall establish an advisory committee for the program and determine the membership pursuant to paragraph (2). The advisory committee shall advise on overall program development, recommend resource deployment, including whether projects should be funded at existing levels, increased, decreased, or terminated, and recommend strategies for regional coordination. (2) The membership of the advisory committee shall include all of the following: representatives from labor, business, and appropriate state agencies; a faculty representative; a classified employee representative; and one community college chief executive officer representative from each of the regions of the program. (c) At a minimum, the decision criteria for allocating funds to colleges shall be based on each of the following: (1) An evaluation of the relevance of the grant to the labor market needs of the state and relevant region’s competitive and emerging industry sectors and industry clusters, or to the state’s need to fill skills gaps and skills shortages in the economy, including skills gaps and shortages at the state and regional level. (2) An assessment of the past performance of the grantee if the grantee has been awarded other economic and workforce development grants or other state grants, including an assessment of whether the grantee’s previous awards produced project deliverables specified in prior grant applications. (3) For grants providing direct services to an employer, a group of employers, or an industry sector or industry cluster, an assessment of the purported beneficial impacts of the grant on the relevant businesses, which may include a review of the grant’s purported impacts on any of the following: increased profitability, increased labor productivity, reductions in worker injuries, employer cost savings resulting from improved business processes, improved customer satisfaction, increased employee retention, estimates of new revenue to be generated, sales increases, or new market penetration, as well as information on new products or services developed. (4) For grants involving direct education and training services provided to workers and students, an assessment of the educational and training goals of the grant, the projected numbers of students and workers served and the projected rates of course and program completion or transfer-readiness, the projected rate of skills attainment for certificates and degrees, and the projected wages and rate of employment placement for those entering the labor market. (5) For technical assistance and logistical support projects, a concrete enumeration of the ways the project will collaborate with the chancellor’s office to advance sector strategies, regional development, accountability based on performance data, and the adoption of effective workforce and economic development practices. (d) The chancellor’s office shall provide systemwide oversight and evaluation of the economic and workforce development program, and shall evaluate grant projects and programs to assess whether grantees achieved their stated objectives. The chancellor’s office has the authority to terminate programs for nonperformance. (e) The chancellor may establish program requirements and performance standards in the administration of the economic and workforce development program, and distribute funds as appropriate to implement the program. (f) The chancellor may provide technical assistance to community colleges for the purpose of improving the competitiveness of their proposals. (g) Grant funds shall be awarded for the program on a competitive basis. (h) The chancellor, in awarding short-term competitive funds, shall take into account colleges in economically distressed urban and rural areas, and colleges that have not previously been successful in the competitive bid process. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 2. General Provisions [88610 - 88615] SECTION 88615. Source version: id_9f5484d4-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=2.&article= This part shall be implemented only during those fiscal years for which funds are appropriated for purposes of this part in the annual Budget Act. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 3. Definitions [88620- 88620.] SECTION 88620. Source version: id_5ce8e3d8-6cdf-11e3-bd64-9d92f50688cd Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=3.&article= The following definitions govern the construction of this part: (a) “Board of governors” means the Board of Governors of the California Community Colleges. (b) “Business Resource Assistance and Innovation Network” means the network of projects and programs that comprise the California Community Colleges Economic and Workforce Development Program. (c) “California Community Colleges Economic and Workforce Development Program” and “economic and workforce development program” mean the program. (d) “Career pathways,” and “career ladders,” or “career lattices” mean an identified series of positions, work experiences, or educational benchmarks or credentials that offer occupational and financial advancement within a specified career field or related fields over time. (e) (1) “Center” means a comprehensive program of services offered by one or more community colleges to an economic region of the state in accordance with criteria established by the chancellor’s office for designation as an economic and workforce development program center. Center services shall be designed to respond to the statewide strategic priorities pursuant to the mission of the community colleges’ economic and workforce development program, and to be consistent with programmatic priorities, competitive and emerging industry sectors and industry clusters, identified economic development, career technical education, business development, and continuous workforce training needs of a region. Centers shall provide a foundation for a long-term, sustained relationship with businesses, labor, colleges, and other workforce education and training delivery systems, such as local workforce investment boards, in the region. (2) A center shall support, develop, and deliver direct services to students, businesses, colleges, labor organizations, employees, and employers. For purposes of this subdivision, direct services include, but are not necessarily limited to, data analysis both of labor market information and college performance; intraregion and multiregion sector coordination and logistics; inventory of community college and other assets relevant to meeting a labor market need; curriculum development, curriculum model development, or job task analysis development; articulation of curriculum in a career pathway or career lattice or in a system of stackable credentials; faculty training; calibration to a career readiness or other assessment; assessment administration; career guidance module development or counseling; convenings, such as seminars, workshops, conferences, and training; facilitating collaboration between faculty working in related disciplines and sectors; upgrading, leveraging, and developing technology; and other educational services. The establishment and maintenance of the centers is under the sole authority of the chancellor’s office in order to preserve the flexibility of the system to adapt to labor market needs and to integrate resources. (f) “Chancellor” means the Chancellor of the California Community Colleges. (g) “Economic security” means, with respect to a worker, earning a wage sufficient to adequately support a family and to, over time, save money for emergency expenses and adequate retirement income, the sufficiency of which is determined considering a variety of factors including household size, the cost of living in the worker’s community, and other factors that may vary by region. (h) “High-priority occupation” means an occupation that has a significant presence in a targeted industry sector or industry cluster, is in demand by employers, and pays or leads to payment of high wages. (i) “Industry cluster” means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by a common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market. (j) “Industry-driven regional collaborative” means a regional public, private, or other community organizational structure that jointly defines priorities, delivers services across programs, sectors, and in response to, or driven by, industry needs. The industry-driven regional collaborative projects meet the needs and fill gaps in services that respond to regional business, employee, and labor needs. These service-delivery structures offer flexibility to local communities and partners to meet the identified needs in an economic development region. Industry-driven regional collaboratives are broadly defined to allow maximum local autonomy in developing projects responding to the needs of business, industry, and labor. (k) “Industry sector” means those firms that produce similar products or provide similar services using somewhat similar business processes. (l) “Initiative” is an identified strategic priority area that is organized statewide, but is a regionally based effort to develop and implement innovative solutions designed to facilitate the development, implementation, and coordination of community college economic development and related programs and services. Each initiative shall be workforce and business development driven by a statewide committee made up of community college faculty and administrators and practitioners and managers from business, labor, and industry. Centers, industry-driven regional collaboratives, and other economic and workforce development programs performing services as a part of the implementation of an initiative shall coordinate services statewide and within regions of the state, as appropriate. (m) “Job development incentive training” means programs that provide incentives to employers to create entry-level positions in their businesses, or through their suppliers or prime customers, for welfare recipients and the working poor. (n) “Matching resources” means any combination of public or private resources, either cash or in-kind, derived from sources other than the economic and workforce development program funds appropriated by the annual Budget Act, that are determined to be necessary for the success of the project to which they are applied. The criteria for in-kind resources shall be developed by the board of governors, with advice from the chancellor and the California Community Colleges Economic and Workforce Development Program Advisory Committee, and shall be consistent with generally accepted accounting practices for state and federal matching requirements. The ratio of matching resources to economic and workforce development program funding shall be determined by the board of governors. (o) “Performance improvement training” means training delivered by a community college that includes all of the following: (1) An initial needs assessment process that identifies both training and nontraining issues that need to be addressed to improve individual and organizational performance. (2) Consultation with employers to develop action plans that address business or nonprofit performance improvements. (3) Training programs that link individual performance requirements with quantifiable business measures, resulting in demonstrable productivity gains, and, as appropriate, job retention, job creation, improvement in wages, or attainment of wages that provide economic security. (p) “Program” means the California Community Colleges Economic and Workforce Development Program established under this part. (q) “Region” means a geographic area of the state defined by economic and labor market factors containing at least one industry cluster and the cities, counties, or community college districts, or all of them, in the industry cluster’s geographic area. For the purposes of this chapter, “California Community College economic development regions” shall be designated by the board of governors based on factors, including, but not necessarily limited to, all of the following: (1) Regional economic development and training needs of business and industry. (2) Regional collaboration, as appropriate, among community colleges and districts, and existing economic development, continuous workforce improvement, technology deployment, and business development. (3) Other state economic development definitions of regions. (r) “Sector strategies” means prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data that indicate strategic growth potential, especially with regard to jobs and income. Sector strategies focus workforce investment in education and workforce training programs that are likely to lead to high-wage jobs or to entry-level jobs with well-articulated career pathways into high-wage jobs. Sector strategies effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps, and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations. Sector strategies may be implemented using articulated career pathways or career lattices and a system of stackable credentials. Sector strategies often target underserved communities, disconnected youth, incumbent workers, and recently separated military veterans. Cluster-based sector strategies focus workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area. Industry clusters are similar to industry sectors, but the focus is on a geographic concentration of interdependent industries. (s) “Skills panel” means a collaboration which brings together multiple employers from an industry sector or industry cluster with career technical educators, including, but not limited to, community college career technical education faculty, and other stakeholders which may include workers and organized labor to address common workforce needs. Skills panels assess workforce training and education needs through the identification of assets relevant to industry need, produce curricula models, perform job task analysis, define how curricula articulate into career pathways or career lattices or a system of stackable credentials, calibrate career readiness, develop other assessment tools, and produce career guidance tools. (t) “Stackable credentials” means a progression of training modules, credentials, or certificates that build on one another and are linked to educational and career advancement. (Amended by Stats. 2013, Ch. 76, Sec. 52. (AB 383) Effective January 1, 2014. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 4. California Community Colleges Business Resource Assistance and Innovation Network Trust Fund [88625- 88625.] SECTION 88625. Source version: id_9f54d2fc-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=4.&article= The California Community Colleges Business Resource Assistance and Innovation Network Trust Fund is hereby established in the State Treasury as a special fund administered by the board of governors. The board of governors may solicit direct contributions for deposit in the fund from various nonstate public and private sources for the purpose of funding the program. Special funds in the trust shall be placed in a surplus money investment account to earn interest. Interest generated by funds deposited in this trust fund shall be reinvested in the fund, and may only be used to fund eligible projects and activities of the program and related board of governors initiatives. Upon appropriation by the Legislature, the fund may be expended for purposes of administering grants and contracts for providing services, through the program, to public and private entities. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 5. Centers and Regional Collaboratives [88630 - 88631] SECTION 88630. Source version: id_9f54d300-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=5.&article= (a) It is the intent of the Legislature that the programs and services provided through the program shall be flexible and responsive to the needs identified through the statewide and regional planning process. Services shall be demand driven, and delivery structures shall be agile, performance oriented, cost effective, and contribute to regional economic growth and competitiveness. The use of economic and workforce development program centers, local economic development corporations, industry-driven regional collaboratives, and business networks, employers, and service providers shall provide a stable and flexible response mechanism for the identification of training priorities and to focus resources on intensive projects for competitive and emerging industry sectors. These networks shall have the flexibility to meet the demand for new and emerging growth sectors and be formed, modified, eliminated, and reformed for short- or long-term responses customized to the duration of the need. Programs and projects developed and implemented at centers and industry-driven regional collaborative projects shall act as catalysts for future career technical education programs in the system. (b) It is the intent of the Legislature that centers shall be established as the long-term structure of the network’s service delivery system. Centers shall provide regional sites to efficiently respond to employer and worker needs, and shall deliver services for the strategic initiative areas pursuant to the mission of the community colleges economic and workforce development program. (c) It is the intent of the Legislature that industry-driven regional collaboratives perform services as participants of regional networks. Grants by industry-driven regional collaboratives shall provide flexibility for local projects to assess and define their individual project needs. New local programs and equipment shall be key components of these grants. Funding shall not be limited per project, but shall be based on the merit and reasonable cost for the anticipated outcomes and performance of the project. Funding for industry-driven regional collaboratives shall be limited to two consecutive fiscal years. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 5. Centers and Regional Collaboratives [88630 - 88631] SECTION 88631. Source version: id_9f54fa12-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=5.&article= Economic and workforce development program centers and California Community Colleges participation in industry-driven regional collaboratives may provide any or all of the following services and perform the following functions as participants of networks, including, but not necessarily limited to, all of the following: (a) Convening skill panels to produce deliverables, such as curriculum models, that contribute to workforce skill development common to competitive and emerging industry sectors and industry clusters within a region. (b) Development of instructional packages focusing on the technical skill specific to emerging or changing occupations in targeted industry sectors and industry clusters. (c) Support student or worker evaluation of, and fit for, career paths by articulating how a curriculum model fits within a career pathway or career lattice or system of stackable credentials, relevant career readiness battery scores, and career guidance tools. (d) Faculty mentorships, faculty and staff development, in-service training, and worksite experience supporting the new curriculum and instructional modes responding to identified regional needs. (e) Institutional support, professional development, and transformational activities focused on removing systemic barriers to the development of new methods, transition to a flexible and more responsive administration of programs, and the timely and cost-effective delivery of services. (f) The deployment of new methodologies, modes, and technologies that enhance performance and outcomes and improve cost-effectiveness of service delivery or create new college programs. (g) One-on-one counseling, seminars, workshops, and conferences that contribute to the achievement of the success of existing businesses and foster the growth of new businesses and jobs in emerging industry clusters. (h) The delivery of performance-improvement training, which shall be provided on a matching basis to employers to benefit workforce participants. This will promote continuous workforce improvement in identified strategic priority areas, identified industry clusters, or areas targeted in the regional business resource assistance and innovation network plans. (i) Credit, not-for-credit, and noncredit programs and courses that contribute to workforce skill development for competitive and emerging industry sectors and industry clusters within a region or that focus on addressing a workforce skills gap or occupational shortage. (j) Subsidized student internships or work-based learning on a cash or in-kind matching basis for program participants in occupational categories identified in competitive and emerging industry sectors and industry clusters. (k) Acquisition of equipment to support the eligible activities and the limited renovation of facilities to accommodate the delivery of eligible services. (l) Submission of performance data for aggregation by the chancellor’s office. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] SECTION 88640. Source version: id_9f54fa16-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=6.&article= (a) (1) Programs and activities of the Job Development Incentive Training Program shall include a strong partnership with state and local economic development entities, workforce development agencies, community-based organizations, and the private sector. It is the intent of the Legislature that this program provide training on a no-cost or low-cost basis to participating employers who create employment opportunities at an acceptable wage level for the attainment of self-sufficiency by both of the following groups: (A) Recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. (B) Clients determined to be eligible because they are employed at a wage too low to attain self-sufficiency. (2) Guidelines for the determination of eligibility under this subdivision shall be developed by the chancellor’s office in consultation with the appropriate agencies responsible for collecting appropriate data. A structured career ladder methodology may be implemented in this program area. (3) Funds received from other eligible programs, including, but not necessarily limited to, programs under the federal Workforce Investment Act of 1998 (Public Law 105-220) and other applicable programs selected by the chancellor, or a combination of programs, may be used to provide funds to match job development incentive training funds. (b) It is the intent of the Legislature that the expenditure of funds under this section should lead measurably to the upgrading of highly skilled and technical workers, upgrade opportunities for those who are employed at a wage too low to attain self-sufficiency, and the creation of jobs for new entrants into the workforce. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] SECTION 88641. Source version: id_9f552128-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=6.&article= Annual appropriations for the Job Development Incentive Training Program may be allocated for the purposes of supporting eligible activities if, as a result of the workforce improvement services provided to employers, entry-level positions are created within the industry cluster. Participating employers may receive eligible services such as performance-based training, and other eligible services that stimulate productivity and growth in targeted industrial clusters on a matching basis. Any annual savings from this section shall be available for expenditure for purposes of the Industry-Driven Regional Collaborative Program. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] SECTION 88642. Source version: id_9f55212a-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=6.&article= Matching fund requirements shall be waived for employers who receive training services through the Job Development Incentive Training Program and who accomplish either of the following: (a) Create employment opportunities for recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code at an acceptable wage level to attain self-sufficiency. (b) Create opportunities for individuals working at a low wage to upgrade to a wage adequate to attain self-sufficiency. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] SECTION 88643. Source version: id_9f55212c-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=6.&article= Each community college that participates in the Job Development Incentive Training Program shall inventory its local or regional business community, including nonprofit organizations, and identify industry-driven needs and employment opportunities with a goal of attaining self-sufficiency through workforce reentry, continuous employee training, and skills upgrades. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 7. Reporting [88650 - 88650.5] SECTION 88650. Source version: id_7f644152-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=7.&article= (a) The chancellor shall implement performance accountability outcome measures for the economic and workforce development program that provide the Governor, Legislature, and general public with information that quantifies employer and student outcomes for those participating in the program. These performance accountability measures should, to the extent possible, align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (b) The chancellor shall submit a report to the Governor and Legislature on or about March 1 of each year. However, beginning in the 2025–26 fiscal year, the chancellor shall submit this report biennially, on or before March 1, and may submit this report with the report required by paragraph (2) of subdivision (d) of Section 88826. A report submitted pursuant to this subdivision shall include, but not be limited to, both of the following: (1) Sufficient information to ensure the understanding of the magnitude of expenditures, by type of expenditure, including those specified in Section 88625, disaggregated by industry sector or cluster, region, and type of grant. (2) Data summarizing outcome accountability performance measures required by this section. (Amended by Stats. 2024, Ch. 998, Sec. 28. (AB 176) Effective September 30, 2024. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 7. Reporting [88650 - 88650.5] SECTION 88650.5. Source version: id_9f554842-47e7-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=7.&article= Prior to January 1, 2015, the chancellor shall contract for an independent evaluation of the effectiveness of the program in achieving the specific program goals and objectives set forth in this part. This performance evaluation shall include, but not necessarily be limited to, specific conclusions about the strengths and weaknesses of the program, as well as specific recommendations for strategies to improve the effectiveness of the program. The evaluation shall include an analysis of available outcome accountability performance measures and data for program participants. To the extent feasible, the analysis shall use experimental, quasi-experimental, or controlled case comparison methodology to compare outcome measures for program participants with a suitable control group to assess and isolate the impact of the program on program participants. The chancellor shall provide the findings of the study to the Legislature no later than March 1, 2016. This report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] CHAPTER 8. Repeal [88651- 88651.] SECTION 88651. Source version: id_5c8424d4-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.5.&chapter=8.&article= This part shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date. (Amended by Stats. 2024, Ch. 430, Sec. 1. (AB 3087) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Part 52.5, commencing with Section 88600.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.7. California STEM Pathways Grant Program [88670 - 88671] SECTION 88670. Source version: id_68f81e2a-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.7.&chapter=&article= (a) For the 2018–19 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Chancellor’s Office of the California Community Colleges for a grant program that supports public-private partnerships that will prepare California students for high-skill jobs of the future in technology, manufacturing, and health care. (b) The grant program shall deliver five core benefits to students: (1) A rigorous, relevant, and cost-free education in grades 9 to 14, inclusive, focused on the knowledge and skills that students need for science, technology, engineering, and mathematics (STEM) careers. (2) Workplace learning that includes mentoring by industry professionals, worksite visits, speakers, and internships. (3) Intensive, individualized, academic support by both K–12 and postsecondary faculty within an extended academic year or school day that enables students to progress through the program at their own pace. (4) An opportunity to earn an associate in science degree in a high-tech field or an associate degree for transfer in a STEM field. (5) A commitment to students who complete the program to be first in line for a job with participating business partners following completion of the program. (Added by Stats. 2018, Ch. 33, Sec. 45. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.7. California STEM Pathways Grant Program [88670 - 88671] SECTION 88671. Source version: id_6056d9c5-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.7.&chapter=&article= (a) The chancellor shall award grants to be expended over a six-year period, to applicants that meet, at a minimum, all of the following conditions: (1) Applicants are parties to an approved College and Career Access Pathways (CCAP) partnership pursuant to Section 76004 of the Education Code that will govern the delivery of the academic program to students and allocation of funding between the local educational agency and the community college district. (2) Applicants shall demonstrate that the curriculum in grades 9 to 14, inclusive, shall lead to an associate in science degree in a high-tech field or an associate degree for transfer in a STEM field. (3) Applicants have a signed memorandum of understanding between the CCAP partnership and one or more private businesses in technology, manufacturing, or health care that obligates the businesses to all of the following: (A) Committing to place every student who successfully completes the program first in line for a job. (B) Identifying a mentor for every participating student. (C) Creating an up-to-date skills map for the industry or sector that identifies essential job requirements. (D) Collaborating with the CCAP partnership to identify the postsecondary two-year degree that will ensure participating students meet industry expectations and to validate the proposed scope and sequence. (E) Providing workplace visits, speakers, internships, and apprenticeships for participating students. (F) Collaborating with the CCAP partnership staff to align technical skills and workplace competencies with curriculum, course offerings, and other resources. (G) Providing dedicated staff to work on the initiative, including an industry liaison who has the authority to coordinate with the CCAP partnership on the business partners’ behalf. (4) Students will attend classes from grades 9 to 14, inclusive, on a single campus. (b) The chancellor shall prioritize applicants that will serve students who: (1) Have been identified as academically or economically at risk for not successfully completing high school or not enrolling in, or succeeding in, college. (2) Belong to populations that have historically not had access to, or success in, higher education, such as students with disabilities or English language learners. (c) The chancellor shall award grants in a geographically diverse manner, to the extent possible, and shall not award more than one grant per county. (d) The chancellor shall require applicants to submit enrollment, performance, and employment data. (e) The chancellor shall develop and provide guidance to the program, including, but not limited to, appropriate uses of program funds and the manner in which the program will report data to meet the requirements of subdivision (h). (f) The chancellor shall develop a request for proposal (RFP) process to determine grant awardees. The RFP process shall comply with the requirements of this section. (g) For the purposes of this section, an applicant is comprised of a regional consortium that includes one or more of each of the following: (1) A school district or charter school. (2) A community college district. (h) No later than January 10, 2025, the chancellor shall submit a report to the Director of Finance and the appropriate budget and policy committees of the Legislature. The report shall include, but not necessarily be limited to, the following: (1) The degree to which grant recipients achieved the objectives in subdivision (a). (2) The number and percentage of students enrolled in the program who earned a two-year associates degree within four, five, and six years. (3) The number and percentage of students enrolled in the program who earned an industry-recognized certificate or credential within four, five, and six years. (4) The number and percentage of students enrolled in the program who gained full-time employment in their area of study or training upon completion of the program. (5) A range of the starting salaries of program graduates that gained full-time employment. (6) The number and percentage of students enrolled in the program that enrolled in a four-year degree program upon completion of the program. (7) It is the intent of the Legislature that the report disaggregate results by student subgroup as identified by Section 52052. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year. (Amended by Stats. 2019, Ch. 497, Sec. 93. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] SECTION 88680. Source version: id_9af29ab7-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.8.&chapter=&article= This part shall be known, and may be cited, as, the Mathematics, Engineering, Science, Achievement (MESA) Program. (Added by Stats. 2023, Ch. 872, Sec. 1. (SB 444) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] SECTION 88681. Source version: id_9af29ab9-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.8.&chapter=&article= As used in this part, the following definitions apply: (a) “Four-year higher education institution” means a four-year baccalaureate degree program offered at the University of California, the California State University, or an independent institution of higher education, as defined in Section 66010. (b) “MESA programs” means Mathematics, Engineering, Science, Achievement programs established at community colleges to help underserved and underrepresented students majoring in calculus-based science, technology, engineering, and mathematics academic fields who seek to transfer to four-year higher education institutions. (c) “STEM majors” means calculus-based science, technology, engineering, and mathematics academic fields. (Added by Stats. 2023, Ch. 872, Sec. 1. (SB 444) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] SECTION 88682. Source version: id_1f61c3b6-a94a-11f0-b3c2-a99c1f616619 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=52.8.&chapter=&article= (a) (1) It is the intent of the Legislature that the California Community Colleges recognize the responsibility for supporting programs that enhance educational opportunities for STEM majors, and produce a diverse pool of baccalaureate degree graduates in STEM majors by preparing students for transfer to four-year higher education institutions. (2) It is the intent of this part to encourage community college districts to establish and implement MESA programs at community colleges that are directed at identifying students affected by social, economic, and educational disadvantages, including disproportionately impacted students, increasing the number of eligible MESA program students served, and increasing student success in transferring and completing baccalaureate degree programs in STEM majors at four-year higher education institutions. (3) The Legislature further intends that MESA programs are not viewed as the only means of providing services to socially, economically, and educationally disadvantaged students pursuing STEM majors who are eligible to transfer to four-year higher education institutions, or of meeting-related student and employee diversity objectives. (4) The Legislature further intends that the categorical funding for MESA programs provided in the annual Budget Act for community colleges be used to establish, expand, and develop MESA programs and services for the purpose of enhancing California’s STEM workforce while aiding the state and nation in reducing equity and achievement gaps. (b) The Board of Governors of the California Community Colleges shall adopt regulations for the operation of MESA programs at community colleges that align with the programmatic components of MESA programs. The operation of MESA programs and the regulations adopted by the board of governors shall accomplish all of the following goals: (1) Increasing the number of socially, economically, and educationally disadvantaged students pursuing baccalaureate degrees in STEM majors who are eligible to transfer to four-year higher education institutions. (2) Implementing efficient processes and practices and using existing college transfer centers to achieve greater MESA program student transfers to four-year higher education institutions. (3) Implementing strategies to increase the rate at which MESA program students are deemed transfer-ready in STEM majors to four-year higher education institutions. (4) Improving the academic performance of MESA program students. (5) Increasing the leadership skills and raising the educational expectations of MESA program students. (6) Strengthening relationships with educators and prospective employers in business and industry to establish student internships, scholarships, and other career opportunities for MESA program students. (7) Establishing partnerships with University of California and California State University Mathematics, Engineering, Science, Achievement programs and Mathematics, Engineering, Science, Achievement College Preparatory programs, California Alliance for Minority Participation programs, or similar programs in an effort to provide optimal student support services. (8) Implementing strategies to collaborate with campus programs, such as the Student Equity and Achievement Program established in Section 78222 and the Student Success and Support Program established in Article 1 (commencing with Section 78210) of Chapter 2 of Part 48, to leverage additional resources and opportunities for MESA program students and ensure that MESA programs are integrated into campus culture and infrastructure. (c) MESA program support provided by a community college shall supplement, but not supplant, the regular educational programs offered by the college to encourage and support the enrollment of MESA program students who seek a baccalaureate degree in STEM majors at four-year higher education institutions. (d) The governing board of a community college district shall not use any funds received from the state for the operation and administration of MESA programs to supplant existing college resources, programs, or services. The governing board may use MESA program funds to meet the matching requirements to receive federal funds, or funds granted by nonprofit foundations, designated for the same purposes as described in this part. (e) Beginning in the 2026–27 fiscal year, the Chancellor of the California Community Colleges shall reserve no more than 3.5 percent of the funds appropriated for MESA programs on administrative and discretionary costs of supporting MESA programs. The chancellor may allocate these reserved funds, in consultation with the Community College Association of MESA Directors, solely for statewide coordination and enhancement of MESA programs. (Amended by Stats. 2025, Ch. 745, Sec. 8. (SB 148) Effective October 13, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53. Basic Skills Partnership Pilot Program [88700- 88700.] SECTION 88700. Source version: id_81a72fd1-1ea6-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.&chapter=&article= (a) It is the intent of the state that school districts, community college districts, the California State University, and the University of California coordinate their efforts to provide instruction in basic skills in an efficient and effective way. (b) The Chancellor of the California Community Colleges shall solicit applications from community college districts seeking funding for plans to provide instruction in basic skills to students enrolled, or who will enroll, at California State University campuses. As used in this section, “chancellor” means the Chancellor of the California Community Colleges. (c) A community college district that chooses to apply for a grant under this section shall include the following components of its plan in its application: (1) A list of the community colleges and the California State University campuses that will work jointly to develop effective instruction in basic skills and provide instruction to focus on students enrolled, or who will enroll, at California State University campuses. (2) A commitment from the California State University campuses listed in paragraph (1) that these campuses will direct students to instruction at community colleges. (3) A narrative explaining the strategy for directing students to instruction at community colleges and integrating this instruction with programs at California State University campuses. (4) A letter from each of the presidents of the California State University campuses listed in the application pursuant to paragraph (1) indicating support for the plan and identifying the fiscal impact for his or her particular campus. (5) A narrative describing any effective evidence-based instructional strategies and practices the community colleges have implemented for the delivery of basic skills instruction and any efforts the community colleges have made to incorporate effective evidence-based instructional strategies and practices within the delivery of their basic skills instruction. (6) A narrative describing how faculty was involved in the development of the plan. (7) A narrative describing if and how the community college district intends to incorporate the use of student success data to inform the delivery of its basic skills instruction. (8) A narrative describing the measures the community colleges listed pursuant to paragraph (1) will undertake to collaborate with local school districts serving kindergarten and grades 1 to 12, inclusive, to better articulate English and mathematics instruction between high schools located in the community college district and the community colleges and the California State University campuses listed pursuant to paragraph (1). (d) (1) The chancellor, in consultation with the Chancellor of the California State University, shall award grants of two million dollars ($2,000,000) each to five of the applicant community college districts. (2) The grants shall be awarded based on the projected success of the applicant districts in maximizing the following factors, which are listed below in order of decreasing priority: (A) The number of students enrolled, or who will enroll, at California State University campuses and who would benefit from access to instruction in basic skills at the community colleges participating in the plan. (B) The number of California State University campuses participating in the plan. (C) The number of community college campuses participating in the plan. (D) The likelihood that the plan would be implemented effectively. (E) The use of effective evidence-based instructional strategies and practices the community colleges have implemented for the delivery of basic skills instruction. Community college districts are encouraged to align the delivery of basic skills instruction with California State University campus programs that will accelerate the progress of underprepared students toward college completion. (e) (1) Upon awarding the grants, the chancellor shall allocate one million dollars ($1,000,000) of the grant funds to each community college district selected for a grant. (2) The chancellor shall release the remainder of a grant amount only after the community college district has submitted records demonstrating that students enrolled, or planning to enroll, at California State University campuses have accessed instruction in basic skills at the community colleges pursuant to the plan. Notwithstanding this reporting condition, the chancellor shall release any amount of a grant that remains as of May 1, 2018, to the community college district by June 30, 2018. (f) As a condition of receiving a grant pursuant to this section, a community college district shall provide all of the following information to the chancellor by February 1, 2017: (1) The number of students enrolled, or who will enroll, at California State University campuses who were provided, or are being provided, instruction by community colleges pursuant to the adopted plan. (2) The number of students who successfully completed basic skills instruction at the community colleges, defined as demonstrating competency on California State University assessments or successful completion of appropriate college-level courses. (3) The number of students provided instruction at the community colleges who subsequently enrolled at a California State University campus and demonstrated competency on California State University assessments or successful completion of appropriate college-level courses. (4) To the extent available, first-year retention and success rates at the California State University of students who received basic skills instruction at the community colleges pursuant to the plan. (5) A qualitative description of the local successes or challenges that community colleges encountered when partnering with California State University campuses to provide instruction in basic skills to students enrolled, or who will enroll, at those campuses. (6) A narrative describing the use of effective evidence-based practices by the community colleges to deliver basic skills instruction to accelerate the progress of underprepared students toward achieving postsecondary educational and career goals. This narrative shall also include a description of the efforts of the community colleges to implement or expand the use of effective evidence-based practices to deliver basic skills instruction. (7) A narrative describing the measures implemented by the community college district to collaborate with local school districts serving kindergarten and grades 1 to 12, inclusive, to better articulate English and mathematics instruction between high schools located in the community college district and the community colleges and the California State University campuses listed pursuant to paragraph (1) of subdivision (c). (g) No later than April 1, 2017, and following consultation with the Chancellor of the California State University, the chancellor shall analyze the information provided under subdivision (f), and report to the Legislature, the Legislative Analyst’s Office, and the Department of Finance on the effectiveness of the plans in delivering instruction in basic skills to students enrolled, or who will enroll, at California State University campuses. This report shall also include a report on costs avoided by the California State University, if any, and recommendations on expanded use of community colleges to deliver basic skills instruction to California State University students. A report to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (h) The attendance of students enrolled in a basic skills course pursuant to this section may be reported by a community college district for apportionment purposes. (i) The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the chancellor for allocation to community college districts to establish a basic skills partnership program at five community college districts in accordance with this section. (j) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (i) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2014–15 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2014–15 fiscal year. (Added by Stats. 2015, Ch. 22, Sec. 19. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53.5. Pathways to Law School Programs [88750- 88750.] SECTION 88750. Source version: id_06a6b07f-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.5.&chapter=&article= (a) Upon appropriation in the annual Budget Act or another statute, the office of the Chancellor of the California Community Colleges shall allocate funding to community colleges for the purpose of expanding pathways to law school programs, which may include, but is not limited to, all of the following: (1) Supporting opportunities for dual enrollment partnerships between community colleges and local high school law academies. (2) Implementing partnerships with the California State University system that incorporate associate degree for transfer pathways that will prepare students for a career in the legal profession. (3) Expanding existing transfer agreements with the University of California that will prepare students for a career in the legal profession. (4) Providing student advising and guidance to help participants in the Community College Pathway to Law School initiative successfully transfer into the California State University or the University of California. (b) The Board of Governors of the California Community Colleges, or its authorized designees, may contract with a third-party entity for the purpose of providing administrative support for the expansion of pathways to law school programs. (c) (1) On or before July 1, 2025, the Office of the Chancellor of the California Community Colleges shall submit a report to the appropriate budget and policy committees of the Legislature regarding outcomes resulting from the use of funds pursuant to this section, including, but not limited to, the number of students participating in pathways to law school programs, the demographics, graduation, and success rates of those students, and transfer pathways established. (2) This subdivision shall remain in effect only until January 1, 2026, and as of that date is repealed. (Added by Stats. 2021, Ch. 144, Sec. 63. (AB 132) Effective July 27, 2021. Subdivision (c) inoperative January 1, 2026, pursuant to its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] SECTION 88770. Source version: id_be03ad33-3e37-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.7.&chapter=&article= This part shall be known, and may be cited, as the Rebuilding Nursing Infrastructure Grant Program. (Added by Stats. 2024, Ch. 71, Sec. 10. (SB 155) Effective July 2, 2024. Inoperative July 1, 2030, pursuant to Section 88773. Repealed as of January 1, 2031, pursuant to Section 88773.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] SECTION 88771. Source version: id_be03d445-3e37-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.7.&chapter=&article= As used in this part, unless the context requires otherwise, the following definitions apply: (a) “Applicant” means a community college district that submits an eligible application pursuant to this part. (b) “Chancellor” means the Chancellor of the California Community Colleges. (c) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (d) “Grant” means a grant awarded pursuant to this part. (e) “Program” means the Rebuilding Nursing Infrastructure Grant Program established pursuant to this part. (f) “Recipient” means a community college district that receives a grant pursuant to this part. (Added by Stats. 2024, Ch. 71, Sec. 10. (SB 155) Effective July 2, 2024. Inoperative July 1, 2030, pursuant to Section 88773. Repealed as of January 1, 2031, pursuant to Section 88773.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] SECTION 88772. Source version: id_be03d447-3e37-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.7.&chapter=&article= (a) The Rebuilding Nursing Infrastructure Grant Program is hereby established as a competitive grant program under the administration of the chancellor. (b) The funding for the program shall be awarded as grants by the chancellor to applicants for any one or combination of the following purposes: (1) Developing or expanding bachelor of science in nursing partnerships, including established partnerships with the California State University, the University of California, or independent institutions of higher education as defined in Section 66010. (2) Developing or expanding associate degree in nursing programs. (3) Developing strategies for recruiting, retaining, and training high-quality nursing faculty, including, but not limited to, by offering incentives, including stipends and flexible working hours, to recruit and retain nursing faculty, and by providing professional development opportunities. (4) Developing strategies for increasing nursing program credentials, including, but not limited to, efforts to address noncompliance issues raised by the Board of Registered Nursing and to obtain accreditation from the Accreditation Commission for Education in Nursing. (5) Developing strategies for engaging and retaining nursing students, including, but not limited to, the integration of high-impact and diversity-, equity-, and inclusion-focused curriculum, the development of apprenticeship opportunities, and the expansion of student support services including basic needs assistance, mental health support, case management, counseling services, and specialized tutoring. (6) Developing strategies that facilitate the increase of the percentage of associate degree nursing to bachelor of science in nursing students, including, but not limited to, the development of strategies that strengthen the high school to community college nursing pipeline. (7) Purchasing equipment for nursing education programs. (8) Developing or scaling efforts that lead to additional clinical placements for nursing students. (c) The chancellor shall develop an application for applicants to apply for a grant. The application may be an extension of the application used for the Nursing Enrollment Growth and Retention program under Section 78261. The chancellor shall make the application for the first round of grants available on or before November 1, 2024, with grants distributed to recipients on or before July 1, 2025. Subject to available funding for purposes of this part, the chancellor may administer subsequent application rounds. An application for a grant shall require, at a minimum, all of the following information: (1) A statement identifying the specific needs or problems the applicant faces with regard to providing access to educating, supporting, graduating, or placing nursing students. (2) A description of how the applicant is addressing the needs or problems described in paragraph (1) with existing funds, and how receipt of a grant will supplement those efforts. (3) The amount of a grant requested by an applicant, and how the applicant specifically proposes to use the grant for the purposes described in paragraphs (1) to (8), inclusive, of subdivision (b). (4) If applicable, the number of nursing education program slots that the applicant is planning to add each year within the two-year period of grant encumbrance described in subdivision (f) beyond already planned nursing education program slot expansions. A breakdown shall be provided for associate degree in nursing slots and bachelor of science in nursing slots. (5) If applicable, bachelor of science in nursing partnerships with a campus of the California State University or the University of California, or independent institutions of higher education as defined in Section 66010, that the applicant will develop or expand with receipt of a grant. (6) A breakdown of the amount and use of other funding sources that the applicant is using for nursing education programs, including apportionments, grants under the Nursing Enrollment Growth and Retention Program established in Section 78261, other state or federal workforce grants, and private or in-kind funding sources. (d) Selection of recipients shall be on a competitive basis. The chancellor shall develop a scoring rubric to evaluate the completeness and quality of each application. The chancellor shall require an application to meet a minimum threshold to be eligible for a grant. (1) The chancellor shall give priority for grants to applicants that are located in an underserved nursing area or a region with a local nursing shortage. (2) An applicant receiving a grant in one application round is not prohibited from applying and receiving a grant in subsequent application rounds. However, the chancellor may prioritize awarding grants to applicants that have not received a grant. (3) The chancellor shall give priority for a grant to applicants that expand existing bachelor of science in nursing partnerships with a campus of the California State University or the University of California. (e) (1) The chancellor shall determine the amount of a grant for each recipient. In determining the amount of a grant for a recipient, the chancellor shall take all of the following factors into account: (A) The applicant’s requested grant amount in paragraph (3) of subdivision (c). (B) The applicant’s score on the scoring rubric developed pursuant to subdivision (d). (C) The total amount of funding available for awarding grants. (2) A recipient shall not receive a grant that exceeds two million dollars ($2,000,000) per award cycle. (f) A recipient shall have up to two years to expend a grant. Any unspent amount of the grant at the end of that two-year period of encumbrance shall revert to the chancellor’s office. (g) As a condition of receiving a grant, a recipient shall report, on or before January 1, 2026, and each January 1 thereafter to January 1, 2030, inclusive, all data and information to the chancellor’s office that the chancellor determines furthers the purposes of the program. A report submitted pursuant to this subdivision shall include all of the following: (1) The number of additional nursing education program enrollment slots created with the use of grants. (2) Student outcomes, including course success rates, persistence rates, graduation rates, and, if possible, employment placement outcomes. (3) How the grant was used by expenditure category, as described in paragraphs (1) to (8), inclusive, of subdivision (b). (4) The extent to which the grant, combined with other funding sources, addressed regional workforce needs. (h) On or before July 1, 2026, and each July 1 thereafter to July 1, 2030, inclusive, the chancellor’s office shall compile and provide a summary of the information received pursuant to subdivision (g) to the Assembly and Senate Committees on Budget and the Governor. The information shall be provided as part of the report required pursuant to paragraph (2) of subdivision (h) of Section 78261. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (i) The chancellor may allocate up to 5 percent of the total amount appropriated for purposes of the program for state administrative operations to carry out the intent of the program. (Added by Stats. 2024, Ch. 71, Sec. 10. (SB 155) Effective July 2, 2024. Inoperative July 1, 2030, pursuant to Section 88773. Repealed as of January 1, 2031, pursuant to Section 88773.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] SECTION 88773. Source version: id_be03d449-3e37-11ef-b069-b1769ac346c3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.7.&chapter=&article= (a) This part shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (b) Any recipient that has not fully expended their grant by July 1, 2030, shall continue adhering to the requirements of this part that were operative on June 30, 2030, until the grant is expended or the encumbrance period described in subdivision (f) ends, whichever occurs first. (Added by Stats. 2024, Ch. 71, Sec. 10. (SB 155) Effective July 2, 2024. Repealed as of January 1, 2031, by its own provisions. Repeal affects Part 53.7, commencing with Section 88770.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53.8. California Career Passport Program [88780 - 88782] SECTION 88780. Source version: id_fd305218-56bf-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.8.&chapter=&article= This part shall be known, and may be cited, as the California Career Passport Program. (Added by Stats. 2025, Ch. 9, Sec. 13. (AB 123) Effective June 27, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53.8. California Career Passport Program [88780 - 88782] SECTION 88781. Source version: id_fd30521a-56bf-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.8.&chapter=&article= For purposes of this part, unless the context requires otherwise, the following definitions apply: (a) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (b) “Program” means the California Career Passport Program established pursuant to this part. (Added by Stats. 2025, Ch. 9, Sec. 13. (AB 123) Effective June 27, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 53.8. California Career Passport Program [88780 - 88782] SECTION 88782. Source version: id_fd30521c-56bf-11f0-a607-0f9a2a8055f3 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=53.8.&chapter=&article= (a) (1) The California Career Passport Program is hereby established. The program shall be administered by the chancellor’s office, in partnership with the Office of Cradle-to-Career Data and the Labor and Workforce Development Agency, for the purpose of developing a Career Passport that provides an individual a secure digital tool displaying their preparation for employment, academic records, and credit for prior learning, which may include, but is not limited to, military service. (2) An individual may use their Career Passport to curate their relevant validated skills, which may include skills attributable to verifiable credentials and academic records, in a shareable format for skills-based and competency-informed hiring by employers. An individual may share all or part of their Career Passport with outside entities. (b) The program shall be developed by leveraging existing statewide tools for documenting academic learning, including, but not limited to, eTranscript California and other electronic transcript tools, and existing tools for validating learning in nonacademic contexts, including, but not limited to, providing credit for prior learning and the California Mapping Articulated Pathways Initiative, and combining those tools into the Career Passport that can be integrated with employer-based hiring systems to support skills-based hiring. (c) The program shall at least accomplish all of the following goals: (1) Enable the linkage, management, and monitoring of information of an individual’s verified academic and third-party records of education, training, and development of validated skills for the purposes of hiring by employers. (2) Ensure that information contained in, and available through, the secure digital tool is kept secure and that individual privacy, including, but not limited to, personally identifiable information, is protected. (3) Provide individuals access to their aggregated information for use in applying for employment and in training at no or low cost to the individual. (d) The chancellor’s office, in collaboration with the Office of Cradle-to-Career Data, shall convene agency and employer representatives to identify technical and policy considerations for building the secure digital tool described in subdivision (a). (e) The chancellor’s office, in collaboration with the Labor and Workforce Development Agency, shall engage with business and industry leaders collaboratively to ensure Career Passports are useful to, and used by, California’s employers, and shall work closely with the Department of Human Resources as a possible early adopter of Career Passports. (f) The program shall serve the public good and remain accountable to it. (g) The program shall comply with federal and state laws to protect individual privacy, including, but not limited to, all of the following: (1) The federal Family Education Rights and Privacy Act of 1974 (Public Law 93-380, as amended). (2) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (3) The federal Privacy Act of 1974 (Public Law 93-579, as amended). (Added by Stats. 2025, Ch. 9, Sec. 13. (AB 123) Effective June 27, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] CHAPTER 1. General Provisions [88800 - 88810] SECTION 88800. Source version: id_a10ac537-1ea6-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.&chapter=1.&article= A financial and professional development grant funding program, administered by the Chancellor of the California Community Colleges, is hereby established. The chancellor shall distribute multiyear grants, upon appropriation by the Legislature, to the governing boards of community college districts pursuant to applications that satisfy the requirements of this part. Moneys allocated pursuant to this program shall be expended for community colleges within a district that receives a grant to adopt or expand the use of evidence-based models of academic assessment and placement, remediation, and student support that accelerate the progress of underprepared students toward achieving postsecondary educational and career goals. (Added by Stats. 2015, Ch. 22, Sec. 20. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] CHAPTER 1. General Provisions [88800 - 88810] SECTION 88805. Source version: id_a10ac539-1ea6-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.&chapter=1.&article= (a) (1) The governing board of a community college district may apply for funds pursuant to this part for the purpose of making more effective, evidence-based practices available to more underprepared students who enroll at campuses of the California Community Colleges. A community college within the district may receive funds to implement these evidence-based practices for the first time or to expand to additional students any evidence-based practices that are in effect as of the date of the district’s application for funds. (2) Community colleges may use funds allocated pursuant to this part to support remedial education curriculum redesign, professional development and release time for faculty, and support staff as appropriate, and data collection and reporting. (b) The evidence-based practices implemented or expanded pursuant to funding received as specified in subdivision (a) shall include basic skills improvement strategies that have demonstrated effectiveness in accelerating the progress of underprepared students toward, and increasing the number of underprepared students who successfully achieve in a timely manner, one or both of the following goals: (1) Completing a college-level English or mathematics course, or both, within a sequence of three or fewer courses after enrollment in a community college, to prepare students for college-level work. (2) Earning an industry-relevant college certificate or degree within two years. (Added by Stats. 2015, Ch. 22, Sec. 20. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] CHAPTER 1. General Provisions [88800 - 88810] SECTION 88810. Source version: id_116acc58-3b31-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.&chapter=1.&article= (a) In order to receive a grant, the governing board of a community college district shall demonstrate in its application for funding, consistent with subdivision (b) of Section 88805, that the community colleges that are to participate in the grant program will redesign their curriculum, career pathways, assessment and placement procedures, or any combination thereof, to implement, or significantly expand the use or application of, two or more of the following evidence-based practices and principles: (1) Adopting placement tests or other student assessment indicators and related policies that may include multiple measures of student performance, including grades in high school courses, especially overall grade point average, results from the common assessment system, and input from counselors. (2) Increasing the placement of students directly in gateway English and mathematics courses that are transferable to the University of California or the California State University and career pathways, with remedial instruction integrated as appropriate for underprepared students. (3) Aligning content in remedial courses with the students’ programs of academic or vocational study to target students’ actual needs and increase relevance. This paragraph is intended to encourage the development of remedial instruction focused on a student’s identified academic need informed by the student’s intended course of study. (4) Contextualizing remedial instruction in foundational skills for the industry cluster, pathways, or both, in which the student seeks to advance. (5) Providing proactive student support services that are integrated with the instruction provided. (6) Developing two- and three-course sequences, as appropriate, for completion of a college-level English or mathematics course, or both, for underprepared students, by either utilizing technology, where appropriate, to enhance the adoption of the high impact practices specified in paragraphs (1) to (5), inclusive, or implementing other effective basic skills course strategies and practices not specified in paragraphs (1) to (5), inclusive, subject to the college providing evidence that substantiates the practice is effective. (b) Community colleges are encouraged to collaborate with local school districts serving kindergarten and grades 1 to 12, inclusive, to better articulate English and math instruction between the high schools and the community colleges. (c) Each participating community college shall be responsible for all of the following: (1) Developing a plan based on two or more of the evidence-based principles and practices described in subdivision (a) that demonstrates a clear strategy for ensuring that both of the following occur within a five-year period: (A) A progressively increasing share of the students who enroll at participating community colleges within the community college district achieve the goals listed in subdivision (b) of Section 88805. (B) A significantly greater share of entering students who are enrolled at the community college achieve the goals listed in subdivision (b) of Section 88805 within a shorter time period than before the implementation of the plan at the community college. (2) Ensuring that the plan developed pursuant to paragraph (1) does all the following: (A) Describes the community college’s current practices with regard to the selected high impact practices and its readiness to implement the new interventions. (B) Articulates targets for the share of entering students projected to be served by these interventions over the three-year implementation period. (C) Sets goals for the share of entering students who complete a college-level English or mathematics course within three semesters or less after enrollment. (D) Identifies key strategies and implementation benchmarks for evaluating the progress of campus efforts to implement the selected interventions. (E) Details the number of campus faculty likely to be involved in all selected high impact interventions and the plan for addressing their professional and technical assistance needs. (3) Ensuring that its faculty participate in professional development regarding academic programs or new curriculum developed or expanded pursuant to the plan, using grant funds to support that faculty participation. (4) Commencing in the year that a community college receives a grant and for the following three fiscal years, annually reporting to the chancellor’s office on program outcomes, disaggregated by the demographic characteristics, high school grade point average, and initial placement level of its students, for purposes of measuring progress compared to the community college’s performance before its implementation of the plan. These reports should include all of the following: (A) The total number and percentage of entering students identified as underprepared before receipt of the grant. (B) The number and percentage of entering students served by the grant program, disaggregated by type of practice implemented. (C) The number and percentage of entering students achieving the goals listed in subdivision (b) of Section 88805. (D) The number of faculty involved and faculty needs regarding the adoption and operation of courses under the plan. (E) If applicable, a narrative describing any subsequent adjustments to the design of the college’s basic skills course practices or strategies adopted pursuant to paragraph (6) of subdivision (a). (F) A description of any additional or expanded student supports offered. (G) A narrative describing the community college’s efforts to collaborate with local school districts serving kindergarten and grades 1 to 12, inclusive, to better articulate English and math instruction between the high schools and the community colleges. (5) These plans should be developed in consultation with campus faculty. (d) The office of the Chancellor of the California Community Colleges shall be responsible for all of the following: (1) Developing application criteria, administrative guidelines, and other requirements for purposes of administering the grant program. Applications that would do one or both of the following shall be given priority consideration within the application criteria: (A) Scale up existing practices. (B) Provide services to greater proportions of students. (2) Administering the grant program and distributing and monitoring awards to recipient community college districts. (3) Providing the information submitted pursuant to paragraph (4) of subdivision (c) to the Legislative Analyst’s Office. (e) (1) The Legislative Analyst’s Office shall aggregate, analyze, and report the information submitted pursuant to paragraph (3) of subdivision (d) to the Legislature on the progress of the grant program in achieving its prescribed purpose. The Legislative Analyst’s Office shall issue a report by December 1, 2019. (2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2026, pursuant to Section 10231.5 of the Government Code. (B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2020, Ch. 129, Sec. 4. (AB 3374) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.3. Student Success for Basic Skills Program [88815- 88815.] SECTION 88815. Source version: id_17e94d6c-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.3.&chapter=&article= (a) There is hereby established the Student Success for Basic Skills Program to be administered by the Chancellor of the California Community Colleges in accordance with subdivision (b). (b) From funds provided in the annual Budget Act for the Student Success for Basic Skills Program, the Board of Governors of the California Community Colleges shall allocate: (1) An amount up to 5 percent for faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of basic skills and English as a second language programs. The office of the Chancellor of the California Community Colleges shall select a community college district, utilizing a competitive process, to carry out these faculty and staff development activities. All colleges receiving funds pursuant to paragraph (2) shall be provided with the opportunity to participate in the faculty and staff development programs specified in this paragraph. (2) (A) All other funds for grants to community college districts for improving outcomes of students who enter college needing at least one course in English as a second language or basic skills, with particular emphasis on students transitioning from high school. (B) Funds allocated pursuant to this paragraph shall be expended for any of the following purposes: (i) Program and curriculum planning and development, student assessment, advisement and counseling services, supplemental instruction and tutoring, articulation, instructional materials and equipment, any other purpose directly related to the enhancement of basic skills, English as a second language instruction, and related student programs. (ii) To implement or expand upon the use or application of evidence-based practices and principles identified in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 88810. (iii) To accelerate the adoption and utilization of lower cost, high-quality, open educational resources in English as a second language or basic skills courses. (iv) To collaborate with high schools, and when applicable, California State University campuses, to better align remedial instruction methodologies, curriculum, and course offerings among local educational agencies, community colleges, and California State University campuses. (v) To implement assessment and placement practices that increase the likelihood that students are appropriately placed in college-level, rather than remedial, courses. (C) The funds allocated pursuant to this paragraph shall supplement, and not supplant, current expenditures by community college districts for matriculation and assessment services, basic skills, English as a second language instruction, and related student programs. (D) To be eligible to receive grant funds pursuant to this paragraph, a community college district shall submit to the office of the Chancellor of the California Community Colleges an application containing a certification that the college will, within the fiscal year, (i) complete a revised assessment of its programs and activities serving basic skills and English as a second language students utilizing the assessment tool developed pursuant to paragraph (1) of Item 6870-493 of Section 2.00 of the Budget Act of 2006 (Chapters 47 and 48 of the Statutes of 2006) and (ii) submit to the office of the chancellor an action and expenditure plan for funds received under this paragraph. The grant application shall also contain the strategies a community college district will implement to improve the successful transition of students to college-level math and English courses. These improvements shall include both increasing the number of students that successfully transition to college-level mathematics and English courses as well as reducing the time it takes students to successfully transition to college-level mathematics and English courses. At a minimum, to be eligible to receive a grant, the community college district’s strategy shall include an evidence-based plan for the adoption and implementation of multiple measures of assessment and placement. The office of the chancellor shall prioritize funding grant applications from community college districts that participate in the Community Colleges Basic Skills and Student Outcomes Transformation Program established by Part 54 (commencing with Section 88800), or that subsequently implement or expand upon the use or application of evidence-based practices and principles identified in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 88810. (E) (i) The Chancellor of the California Community Colleges shall distribute grant funds to community college districts that meet the application criteria in subparagraph (D) on the basis of the following weighted factors: (I) The percentage of students receiving a Board of Governors fee waiver who first enrolled in a course below transfer level in English, mathematics, or English as a second language, or any combination of these, and subsequently completed a college-level course in the same subject within one year and within two years. This factor shall comprise 50 percent of the allocation formula. (II) The percentage of students receiving a Board of Governors fee waiver. This factor shall comprise 25 percent of the formula. (III) The percentage of basic skills full-time equivalent students in courses offered by that community college district using evidence-based practices and principles identified in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 88810. This factor shall comprise 25 percent of the formula. (ii) The chancellor may include other factors and adjustments as he or she determines necessary to accomplish the objectives of this paragraph. (iii) The chancellor shall annually notify and receive concurrence from the Department of Finance in consultation with the Legislative Analyst’s Office prior to including additional factors and adjustments pursuant to clause (ii) and prior to apportioning these funds to community college districts. (iv) The Director of Finance shall notify the Joint Legislative Budget Committee of his or her intent to concur with the use of additional factors and adjustments pursuant to clauses (ii) and (iii). (v) For purposes of distributing the funds, the chancellor shall establish a minimum allocation of one hundred thousand dollars ($100,000) per college in the applying community college district. (F) Notwithstanding subparagraph (E), commencing with the 2016–17 fiscal year, the Chancellor of the California Community Colleges shall adjust the distribution of funds pursuant to subparagraph (E) to ensure that community college districts do not receive less state aid from the Student Success for Basic Skills Program than they received from appropriations for these purposes in the 2015–16 fiscal year. (G) As a condition of participating in this program, commencing with the 2017–18 fiscal year, the office of the Chancellor of the California Community Colleges shall strongly encourage the five community college districts with the lowest calculated percentages as specified in subclause (I) of clause (i) of subparagraph (E) that participated in this program to apply for a technical assistance team to improve the likelihood that a student is able to expeditiously transition from a basic skills course to a college-level course at that community college district. (c) (1) The office of the Chancellor of the California Community Colleges shall consult with the Department of Finance and the Legislative Analyst’s Office to develop and recommend annual accountability measures for the program. It is the intent of the Legislature that annual performance accountability measures for the program utilize, to the extent possible, data available as part of the accountability system developed pursuant to Section 84754.5. (2) On or before March 15, 2020, the office of the Chancellor of the California Community Colleges, in consultation with the Department of Finance and Legislative Analyst’s Office, shall report on the effectiveness of the factors used to allocate funding under this program in improving outcomes for students requiring remediation. (d) This part shall become operative July 1, 2017. (Added by Stats. 2016, Ch. 24, Sec. 22. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88820. Source version: id_36fdb160-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= This part shall be known, and may be cited, as the Strong Workforce Program. (Added by Stats. 2016, Ch. 24, Sec. 23. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88821. Source version: id_3c713e26-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) The Legislature finds and declares all of the following: (1) California’s economic competitiveness is fueled, in part, by the strength of its regional economies and its skilled workforce. (2) Upward social and economic mobility helps keep the state’s economy diversified and vibrant. (3) The attainment of industry-valued “middle skill credentials” serves as a gateway for a large and diverse number of careers in the state’s economy. (4) California’s local educational agencies, community college districts, interested public four-year universities, local workforce development boards, economic development and industry leaders, and local civic representatives should collaboratively work together to inform the offerings of courses, programs, pathways, and workforce development opportunities that enable students to access the current and future job market and further social and economic mobility. (b) The Strong Workforce Program is hereby established as a K–14 state education, economic, and workforce development initiative for the purpose of expanding the availability of high-quality, industry-valued career technical education and workforce development courses, programs, pathways, credentials, certificates, and degrees. (c) To facilitate program coordination and alignment with other workforce training, education, and employment services in the state, the Strong Workforce Program shall operate in a manner that complies with the California Strategic Workforce Development Plan, required pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and expand upon existing consortia infrastructure. (d) To avoid duplication of effort, activities funded under the Strong Workforce Program shall be informed by, aligned with, and expand upon the activities of existing workforce and education regional partnerships, including those partnership activities that pertain to regional planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), adult education block grant consortia, and other career technical education programs. (e) All of the following guiding principles apply to each consortium participating in the Strong Workforce Program: (1) Any community college district or local educational agency participating in the consortium shall ensure that its career technical education and workforce development courses, credentials, certificates, degrees, programs, and pathway offerings, as applicable, are responsive to the needs of employers, workers, civic leaders, and students. (2) The consortium shall collaborate with other public institutions, including, but not limited to, adult education consortia, local workforce development boards, and interested California State University and University of California institutions. (3) The consortium shall collaborate with civic representatives, representatives from the labor community, and economic development and industry sector leaders within the region. (4) The consortium shall include collaborating entities and persons identified in this subdivision in planning meetings, provide them with adequate notice of the consortium’s proposed decisions, and solicit, consider, and respond to comments from them regarding the consortium’s proposed decisions. (5) Collaborative efforts shall focus upon evidence-based decisionmaking and student success with workforce outcomes aligned with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and closing labor market and employment gaps. Each consortium shall strive to align programmatic offerings in the most effective and efficient manner to avoid duplication of effort and streamline access to services, and education and training opportunities. (6) Community college districts, local educational agencies, and other entities participating in a consortium are encouraged to develop long-term partnerships with private sector employers and labor partners to provide coordinated courses, programs, and pathways with employer involvement in the assessment, planning, and development of career technical education courses, programs, and pathways. To the extent practicable, employer partnerships should build upon regional partnerships formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) and other state or federal programs. (7) Community college districts, local educational agencies, and other entities participating in a consortium are encouraged to develop and work closely with public and private organizations that offer workforce development programs and pathways to individuals with autism and other developmental disabilities to provide a comprehensive approach to address workforce readiness and employment. (f) The chancellor’s office shall, in consultation with the California Workforce Development Board, the Academic Senate for California Community Colleges, and its partners formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), as applicable, develop and implement policies and guidance necessary to implement the Community College component of the Strong Workforce Program, including policies and guidance necessary for consortia, including community college districts and their regional partners, to increase the number of aligned middle skill and career technical education courses, programs, pathways, credentials, certificates, and degrees. No later than June 30, 2017, the chancellor’s office shall develop and implement policies and guidance pursuant to this subdivision and bring before the Board of Governors of the California Community Colleges any policies, regulations, and guidance necessary to accomplish all of the following: (1) Facilitate the development, implementation, and sharing of career technical education effective practices, curriculum models and courses, and community college credentials, certificates, degrees, and programs across regions and among community college districts. (2) Enable community college districts to develop career technical education and workforce outcomes, and applicable associate degrees and certificates as appropriate. (3) Provide accessible performance and labor market data that can be used flexibly by participating community college districts and their regional partners to support the implementation of the Strong Workforce Program and related efforts to align regional workforce and education programming with regional labor market needs. (4) Encourage local efficiency through coordinated and collaborative regional workforce efforts in which community college districts are partners. (5) Support curriculum processes to ensure that students are able to efficiently transfer college-level career technical education credits across community college districts and to the California State University and the University of California. (6) Improve sector-based engagement with employers within a region. (7) Provide, in partnership with employers, work-based learning opportunities for students that increase their employability and earning potential. (8) Enable community college districts to facilitate and optimize their resources to support the Strong Workforce Program and other related regional workforce development efforts. (9) Ensure that community college district Strong Workforce Program expenditures are focused on improving student success with workforce outcomes for all students enrolled in community college career technical education courses, programs, and pathways. (10) (A) For the Community College component only, notwithstanding the June 30, 2017, implementation date specified in this subdivision, develop and implement a plan to streamline the course and curriculum approval process, both at the state and local levels. The plan shall reflect an expedited state approval process for career technical education courses, programs, and certificates, and may include the elimination of an existing state course and program approval process. The plan shall reflect one of the following two options: (i) A process of course and curriculum approval that enables community college districts to develop a course or program within one academic year and to offer that course or program the subsequent academic year. (ii) A process of course and curriculum approval that enables community college districts to develop a course or program within one academic semester and to offer that course or program the subsequent academic semester. (B) The plan described in subparagraph (A) shall also reflect the creation of a process that enables career technical education courses and programs to be portable among community college districts. This process shall enable a community college district to adapt, adopt, or adapt and adopt another community college district’s approved career technical education courses, programs, and curriculum within one academic semester and to offer that course or program, or use that curriculum, the subsequent academic semester. (C) The chancellor’s office shall consult with the Legislature and the Governor before implementing the plan. The plan shall be developed no later than July 1, 2017, and implemented no later than January 1, 2018. (11) Eliminate barriers to hiring qualified instructors for career technical education courses, including reevaluating the required minimum qualifications for career technical education instructors. (g) Community college districts are encouraged to expedite the development of targeted credit or noncredit short-term workforce training programs, in accordance with all of the following: (1) Short-term workforce training programs that focus on economic recovery and result in job placement. (2) Short-term workforce training programs that focus on the reskilling and upskilling of individuals. (3) (A) Short-term workforce training programs that have at least one proven employer partner, demonstrate job vacancies, and submit verification to the chancellor’s office. (B) For purposes of subparagraph (A), verification includes the projected number of individuals served, completion rates, and job placement rates. (4) It is the intent of the Legislature that, where possible, short-term noncredit workforce training programs should be used to be responsive to the workforce training needs of employers, with the ability to transition to credit or noncredit courses and programs upon successful completion of a program established pursuant to this subdivision. Colleges are encouraged to develop workforce training that uses competency-based approaches, and applies credit for prior learning where possible. (h) After June 30, 2017, and only as necessary, the chancellor’s office may develop and implement revised polices and guidance for the Community College component only, and bring regulations before the Board of Governors of the California Community Colleges as necessary for a community college district and its regional partners to accomplish both of the following: (1) Implement and expand the amount of aligned middle skill and career technical education credentials, certificates, degrees, courses, programs, and pathways in accordance with paragraphs (1) to (11), inclusive, of subdivision (f). (2) Implement the recommendations of the Strong Workforce Task Force. (i) No later than June 30, 2026, the chancellor’s office shall revise any policies, regulations, and guidance necessary to provide students, employers, or both, with paid work-based learning opportunities that may be directly supported with funds apportioned directly to a community college district pursuant to clause (iv) of subparagraph (B) of paragraph (2) of subdivision (c) of Section 88825. (j) (1) For purposes of this section, the chancellor’s office shall consider input provided by relevant stakeholders, including the Academic Senate of the California Community Colleges, the Workforce Pathways Joint Advisory Committee, and the California Workforce Development Board, before implementing revised guidance, policies, or regulatory changes for the Community College component. (2) For purposes of the Community College component and in compliance with the consultation requirements in Sections 70901 and 70902, the Academic Senate of the California Community Colleges shall establish a career technical education subcommittee to provide recommendations on career technical education issues. No less than 70 percent of the subcommittee shall consist of career technical education faculty. The subcommittee’s charter shall require it to provide assistance to community college districts to ensure that career technical education and its instruction is responsive and aligned to current and emergent industry trends, and ensure that similar courses, programs, and degrees are portable among community college districts. (Amended by Stats. 2025, Ch. 255, Sec. 1. (AB 323) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88822. Source version: id_cfa42ac1-c0a9-11ea-aeb4-db1ca18666e5 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= For purposes of this part, the following terms have the following meanings: (a) “Career pathways” means an identified series of positions, work experiences, or educational benchmarks or credentials that offer occupational and financial advancement within a specified career field or related fields over time. (b) “Career technical education credential” means a workforce certificate, degree, or industry-recognized credential. (c) “Career Technical Education Regional Consortium,” or “consortium,” means an administrative grouping of community college districts and local educational agencies by the Division of Workforce and Economic Development of the chancellor’s office for the purpose of coordination and joint planning within regions, as defined in subdivision (p). Local educational agencies shall be grouped based on their association with community college districts. In the event that a local educational agency does not fall within the geographical boundaries of any community college district, the local educational agency shall be grouped with the nearest community college district. (d) “Chancellor’s office” means the Office of the Chancellor of the California Community Colleges. (e) “Community College component” means the funding allocated pursuant to Section 88825. (f) “Deputy Sector Navigator” means an individual serving as an in-region contact for an industry or occupational cluster, working with the region’s colleges and employers to create alignment around and deliver on workforce training and career pathways. (g) “Industry” or “industry sectors” means trade associations or those firms that produce similar products or provide similar services using somewhat similar business processes. (h) “Joint powers authority” means an entity established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive. (i) “K–12 component” means funding allocated pursuant to Section 88827. (j) “K–12 Workforce Pathway Coordinator” means an individual serving as an in-region contact to provide technical assistance and support to K–12 local educational agencies pursuant to subdivision (a) of Section 88833. (k) “K–14 Technical Assistance Provider” means an individual serving as the in-region contact pursuant to subdivision (b) of Section 88833 to provide leadership and technical assistance regionwide on K–14 career technical education programs or pathways. (l) “Local educational agency” means a school district, county office of education, or charter school. (m) “Middle skill credential” means a certificate, associate’s degree, or industry-recognized credential that is less than a bachelor’s degree but more than a high school diploma and facilitates student success with workforce outcomes. (n) “Plan” means the regional plan established under this part. (o) “Program” means the Strong Workforce Program established under this part. (p) “Region” means a geographic area of the state defined by economic and labor market factors containing at least one industry cluster and the cities, counties, community college districts, and local educational agencies, or all of them, in the industry cluster’s geographic area. To the extent possible, for the purposes of this part, collaborative regions should align with federal Workforce Innovation and Opportunity Act (Public Law 113-128) regional planning unit boundaries specified in the California Strategic Workforce and Development Plan and expand upon existing consortium infrastructure established by the chancellor’s office. (q) “Short-term workforce training program” means a 4 to 12-week program with a proven employer partner designed for targeted reskilling and upskilling that results in job placement. (r) “Strong Workforce Task Force” means the Task Force on Workforce, Job Creation and a Strong Economy commissioned by the Board of Governors of the California Community Colleges. (Amended by Stats. 2020, Ch. 25, Sec. 12. (SB 116) Effective June 29, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88823. Source version: id_6ad79a19-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) This section applies to the Community College component only. (b) Commencing July 1, 2017, as a condition of receipt of funds allocated pursuant to Section 88825 for a fiscal year, each consortium, in consultation with collaborating entities identified in paragraph (2) of subdivision (e) of Section 88821, shall submit a plan to the chancellor’s office that has been updated for that fiscal year. (c) The plan pursuant to subdivision (b) shall include all of the following requirements: (1) The names of the community college districts participating in the consortium, including the name of the community college identified as the consortium’s fiscal agent, and the names of entities collaborating pursuant to paragraph (2) of subdivision (e) of Section 88821. (2) The governance model for the consortium. Decisions governing, or relating to, the distribution of fiscal resources shall be determined exclusively by the community college districts participating in the consortium. (3) An analysis of regional labor market needs informed by a federal Workforce Innovation and Opportunity Act (Public Law 113-128) economic analysis and other sources as applicable. This analysis shall also include wage data for each industry sector or labor market need identified. (4) An inventory of regionally prioritized and locally prioritized projects and programs that close relevant labor market and employment gaps. (5) Measurable regional goals that align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (6) For regionally prioritized projects and programs, a work plan, spending plan, and budget. The work plan, spending plan, and budget shall identify the amount of funding allocated for one-time and ongoing expenditures. (7) A description of the alignment of work plans, spending plans, and other education and workforce plans guiding services in the region, including plans pertaining to the building of career pathways and the employment of workforce sector strategies and those plans required pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (d) Each consortium shall submit a plan by January 31 once every four years and shall annually update the plan by January 31 of each year until the next new plan is submitted. (e) The chancellor’s office shall review the plans on a four-year cycle and ensure that annual updates are made by each consortium. The chancellor’s office shall determine if each consortium has made significant progress in meeting the goals and measures outlined in its plan, and provide technical assistance to a consortium that has not met its goals. The chancellor’s office is encouraged to provide technical assistance pursuant to this subdivision through the Institutional Effectiveness Partnership Initiative. (f) To avoid duplication of effort, plans developed pursuant to this section shall be informed by, aligned with, and expand upon regional plans and planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (g) Community college districts participating in a consortium shall utilize their region’s plan to inform local campus planning efforts to implement career technical education courses, programs, and pathways and integrate available local, regional, state, and nonpublic resources to ensure that students will achieve successful workforce outcomes. (h) Community college districts shall meet with the members of their consortium not less than annually to inform on the delivery of career technical education and workforce development courses, programs, and pathways within the region. (i) Each region’s plan shall be for the primary purpose of informing the development of strategies related to career technical education and workforce development courses, programs, and pathways. Each region’s plan shall reflect strategies to efficiently and effectively utilize any available public and private resources, including funds for the Career Technical Education Pathways Program established in Part 52 (commencing with Section 88530), in a manner that better aligns career technical education courses, programs, and pathways with the needs of their regional economies. (j) It is the intent of the Legislature to align community college career technical education programs within the Strong Workforce Program. Staff from the chancellor’s office, the Legislative Analyst’s Office, and the Department of Finance are requested to investigate the potential consolidation of community college career technical education programs within the Strong Workforce Program. (Amended by Stats. 2019, Ch. 497, Sec. 95. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88824. Source version: id_36fe74b8-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) This section only applies for the 2016–17 fiscal year. (b) To promote the success of community college students and the career technical education programs that serve them, up to 5 percent of the funds appropriated for the program in the annual Budget Act may be allocated by the Board of Governors of the California Community Colleges to a community college district for statewide activities to improve and administer the program, including the facilitation of system, program, and data alignment at the state and regional levels. The chancellor’s office shall consult with the California Workforce Development Board and other appropriate state agencies on the development of all statewide activities that would be implemented by the selected district to facilitate broader workforce and education system alignment. Statewide coordination activities funded out of this allocation may include, but are not limited to, the following activities: (1) State-level coordination for the development of labor market analyses pertaining to economic and industry trends and jobs projections for the purpose of supporting common regional planning efforts and the alignment of career technical education program offerings with regional labor market dynamics. (2) Research, evaluation, and technical assistance on the use of effective local and regional policies, best practices, and model partnerships. (3) Development and prototyping of innovative policies, practices, and coordinated services with local workforce and education partners. (4) Participation of community college districts in existing regional coalitions and planning efforts. (5) Cross-training local program staff. (6) Development and maintenance of a state-level cross-system data reporting mechanism with partners formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) for the purpose of monitoring workforce program outcomes and performance accountability. (7) Leveraging allocated funds with state and local partners through interagency agreements, memorandums of understanding, or other appropriate mechanisms. (c) (1) The chancellor’s office shall provide to the Department of Finance and the Legislative Analyst’s Office its recommendations for the allocation of funds available for each consortium no later than August 30, 2016. The department shall approve the allocation plan before the release of funding. Each consortium, in consultation with local colleges, community college districts, and the chancellor’s office, shall select a community college to be a fiscal agent that shall directly receive funds apportioned for the consortium in accordance with this section. The chancellor’s office shall determine, for purposes of allocating funds for the consortium and its community college districts, the local unemployment rate, the region’s proportion of career technical education full-time equivalent students, and proportion of projected job openings. Each of these three factors shall comprise one-third of the allocation formula. Funds may be used for regionally prioritized projects and programs and locally prioritized projects and programs that meet regional needs for career technical education and workforce development courses, programs, pathways, credentials, certificates, and degrees. (2) Forty percent of the funds apportioned for the program shall be provided directly to the fiscal agent of the consortium for the purpose of funding regionally prioritized projects and programs that meet the needs of local and regional economies, as identified in regional plans and Workforce Innovation and Opportunity Act (Public Law 113-128) regional plans. (3) Sixty percent of the funds apportioned for the program shall be provided directly to community college districts in the consortium. Funds apportioned directly to a community college district shall be expended for the purpose of funding regionally prioritized projects and programs within the community college district that meet the needs of local and regional economies, as identified in regional plans and Workforce Innovation and Opportunity Act (Public Law 113-128) regional plans. As a condition of receiving direct funding, each community college district shall actively participate in its consortium. (d) As a condition of receipt of funds pursuant to subdivision (c), a community college district shall comply with all of the following requirements: (1) Be a member of a consortium. (2) Participate in regional planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) and other efforts to align workforce, employment, and education services. (3) Work with other members of the consortium to create and submit a plan to the chancellor by January 31, 2017, for inclusion in the submissions of regional plans for purposes of the program and the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (4) Provide accessible performance and labor-market data that can be used by community college districts and their regional partners to support the implementation of the program and describe related efforts to align regional workforce and education programming with regional labor market needs, including, but not limited to, regional planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (5) Certify that the use of funds will meet the intent of the program to accomplish all of the following: (A) Increase the number of students in quality career technical education courses, programs, and pathways that will achieve successful workforce outcomes. (B) Increase the number of quality career technical education courses, programs, and pathways that lead to successful workforce outcomes, or invest in new or emerging career technical education courses, programs, and pathways that may become operative in subsequent years and are likely to lead to successful workforce outcomes. (C) Address recommendations from the Strong Workforce Task Force, including the recommended provision of student services related to career exploration, job readiness and job placement, and work-based learning. (e) Funds appropriated to community college districts for the program shall supplement, not supplant, existing funding of community college career technical education programs. This subdivision shall not be interpreted to mean that a participating community college district is prohibited from eliminating or altering existing programs, but the percentage of that community college district’s total full-time equivalent students enrolled in career technical education courses relative to the total full-time equivalent students enrolled in the district shall not be reduced from the percentage computed for the 2015–16 fiscal year. (f) A consortium shall allocate funds only to community college districts. (Added by Stats. 2016, Ch. 24, Sec. 23. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88825. Source version: id_3f933eaa-c956-11f0-aea3-3b460998bfb4 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) This section applies to the Community College component only, and applies commencing with the 2017–18 fiscal year. (b) To promote the success of community college students and the career technical education programs that serve them, up to 5 percent of the funds appropriated for the Community College component may be allocated by the Board of Governors of the California Community Colleges to a community college district for statewide activities to improve and administer the program, including the facilitation of system, program, and data alignment at the state and regional levels and the implementation of the 25 recommendations presented to the board of governors on January 19 and 20, 2016, by the Strong Workforce Task Force. The chancellor’s office shall consult with the California Workforce Development Board and other appropriate state agencies on the development of all statewide activities that would be implemented by the selected district to facilitate broader workforce and education system alignment. Statewide coordination activities funded out of this allocation may include, but are not limited to, the following activities: (1) State-level coordination for the development of labor market analyses pertaining to economic and industry trends and jobs projections for the purpose of supporting common regional planning efforts and the alignment of career technical education program offerings with regional labor market dynamics. (2) Research, evaluation, and technical assistance on the use of effective local and regional policies, best practices, and model partnerships. (3) Development and prototyping of innovative policies, practices, and coordinated services with local workforce and education partners. (4) Participation of community college districts in existing regional coalitions and planning efforts. (5) Cross-training local program staff. (6) Development and maintenance of a state-level cross-system data reporting mechanism with partners formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) for the purpose of monitoring workforce program outcomes and performance accountability. (7) Leveraging allocated funds with state and local partners through interagency agreements, memorandums of understanding, or other appropriate mechanisms. (c) (1) Forty percent of the funds apportioned for the Community College component of the program shall be apportioned directly to the fiscal agents of the consortia for the purpose of funding regionally prioritized projects and programs that meet the needs of local and regional economies, including development of short-term workforce training programs focused on California’s economic recovery from COVID-19 beginning in 2020, as identified in regional plans and federal Workforce Innovation and Opportunity Act (Public Law 113-128) regional plans. (2) (A) Sixty percent of the funds apportioned for the Community College component of the program shall be apportioned directly to community college districts in the consortia. Funds apportioned directly to a community college district shall be expended for the purpose of funding regionally prioritized projects and programs within the community college district that meet the needs of local and regional economies, including development of short-term workforce training programs focused on California’s economic recovery from COVID-19 beginning in 2020, as identified in regional plans and federal Workforce Innovation and Opportunity Act (Public Law 113-128) regional plans. As a condition of receiving direct funding, each community college district shall actively participate in its consortium. (B) Funds apportioned directly to a community college district pursuant to subparagraph (A) may also be used for all of the following: (i) Providing funds for student grants to cover fees for third-party certification and licensing. (ii) Enhancing student services to support retention, work experience, and job placement. (iii) Providing students with an integrated educational program that connects academic curricula to applied and experiential learning in the workplace, including, but not limited to, work-based learning programs and models. (iv) Providing direct support to students, employers, or both, for paid work-based learning, including, but not limited to, apprenticeships, internships, externships, and student-run enterprises to increase employability and employment. (d) The allocation of funds to a consortium shall be based on a schedule determined by the chancellor’s office and is effective for the four years of each plan cycle. Within the four-year plan cycle, this schedule may be altered to reflect changes in the statewide allocation for the program as appropriated in the annual Budget Act. (e) The chancellor’s office shall provide to the Department of Finance and the Legislative Analyst’s Office its recommendations for the allocation of funds available for each consortium no later than August 30 of each year. The department shall approve the allocation plan before the release of funding. (f) (1) For each four-year plan cycle, the chancellor’s office shall determine the amount of funds to be allocated to each consortium based on the following weighted factors in each region: (A) The unemployment rate. This factor shall comprise 33 percent of the allocation formula. (B) The proportion of career technical education full-time equivalent students. This factor shall comprise 33 percent of the allocation formula. (C) The proportion of projected job openings. This factor shall comprise 17 percent of the allocation formula. (D) The proportion of successful workforce outcomes as evidenced by the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). This factor shall comprise 17 percent of the allocation formula. (2) For each four-year plan cycle, the chancellor’s office shall determine the amount of funds to be allocated directly to each community college district within a consortium based on the weighted factors, specified in subparagraphs (A) to (D), inclusive, of paragraph (1), in each district within the region. (g) A consortium shall allocate funds in accordance with its plan and only to community college districts. Decisions governing, or relating to, the distribution of the consortium’s fiscal resources shall be determined exclusively by the community college districts participating in the consortium. (h) As a condition of receipt of funds under this section, a participating community college district shall comply with all of the following: (1) Be a member of a consortium. (2) Participate in regional planning efforts formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) and other efforts that align workforce, employment, and education services. (3) Work with other consortium members to create and submit a plan to the chancellor’s office by January 31 of every fourth year of a four-year plan cycle. (4) Provide accessible performance and labor market data that can be used by community college districts and their regional partners to support the implementation of the program and any related efforts to align regional workforce and education programming with regional labor market needs, including, but not limited to, regional planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (5) Include interested public universities and local educational agencies in regional planning. (6) Certify that the use of funds will meet the intent of the program to accomplish all of the following: (A) Increase the number of students in quality career technical education courses, programs, and pathways that will achieve successful workforce outcomes. (B) Increase the number of quality career technical education courses, programs, and pathways that lead to successful workforce outcomes, or invest in new or emerging career technical education courses, programs, and pathways that may become operative in subsequent years and are likely to lead to successful workforce outcomes. (C) Address recommendations from the Strong Workforce Task Force, including the recommended provision of student services related to career exploration, job readiness and job placement, and work-based learning. (i) Funds appropriated to community college districts for the program shall supplement, not supplant, existing funding of community college career technical education programs. This subdivision does not prohibit a participating community college district from eliminating or altering existing programs, but the percentage of that community college district’s total full-time equivalent students enrolled in career technical education courses relative to the total full-time equivalent students enrolled in the district shall not be reduced from the percentage computed for the 2015–16 fiscal year. (j) Programs, courses, or instructional materials developed using funding from the program may be made available to all community college districts, as appropriate, through the online clearinghouse of information created as part of the Institutional Effectiveness Partnership Initiative. (Amended by Stats. 2025, Ch. 255, Sec. 2. (AB 323) Effective January 1, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88826. Source version: id_87ef4c24-819d-11ef-ad41-354f275c7d43 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) This section applies to the Community College component only. (b) The chancellor’s office shall post on its internet website, for ease of access, all regional plans and their subsequent progress plans, and solicit feedback from each consortium on recommendations they have for overall program improvement. (c) The chancellor’s office shall implement performance accountability outcome measures for the Community College component of the program that provide the Governor, the Legislature, and the general public with information that quantifies employer and student outcomes for those participating in the program. These performance accountability measures shall, to the extent possible, align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). Outcome measures shall include demographic data, disaggregated by race and gender, to allow policymakers and the general public to evaluate progress in closing equity gaps in program access and completion, and earnings of underserved demographic groups. (d) (1) Commencing in 2018, the chancellor’s office shall submit a report on the Community College component of the program to the Governor and the Legislature on or before the January 1, except as provided in paragraph (2), immediately subsequent to the fiscal year which the report addresses. (2) Beginning in the 2025–26 fiscal year, the chancellor’s office shall submit the report described in paragraph (1) annually, on or before March 1, to the Governor and the Legislature, and may submit this report with the report required by subdivision (b) of Section 88650. (3) A report submitted pursuant to this subdivision shall include, but is not limited to, all of the following: (A) Data summarizing outcome accountability performance measures collected by the chancellor’s office pursuant to subdivision (c), disaggregated by race and gender. (B) A summary of recommendations for program improvement collected by the chancellor’s office pursuant to subdivision (b). (C) Recommendations for future allocations to consortiums based upon program outcomes, including, at a minimum, the number of certificates granted to, and wage increases of, students who have completed a career technical education program. (4) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 998, Sec. 29. (AB 176) Effective September 30, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88826.5. Source version: id_caab4bee-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) (1) Beginning in July 1, 2019, and in each year thereafter, except as provided in paragraph (2), for each community college program that offers certificates or degrees related to allied health professionals, the chancellor shall provide a report to the Legislature, with comparative clinical placement delineated by program and occupation. The report shall include both of the following: (A) The number of students participating at each clinical training site. This shall include information about proficiency in languages other than English. (B) The license number of each clinical training site. If the license number is not available, the report shall include the employer identification number of the clinical training site. (2) Beginning in the 2026–27 fiscal year, the chancellor shall provide the report described in paragraph (1) to the Legislature triennially, on or before December 31, and may submit the report with the report required by paragraph (2) of subdivision (h) of Section 78261. (b) The collection and reporting of findings pursuant to subdivision (a) shall be implemented over multiple years, and collected by the chancellor’s office as follows: (1) Beginning in the 2019–20 academic year, the chancellor’s office shall collect from colleges, and report on, the following allied healthcare professional degrees and certificates: (A) Licensed Vocational Nurse. (B) Medical Assistant. (C) Occupational Therapy Aide. (D) Radiologic Technologist. (E) Respiratory Care Therapist. (F) Pharmacy Technician and Technologist. (G) Surgical Technician and Technologist. (2) Beginning in the 2020–21 academic year, the chancellor’s office shall collect from colleges, and report on, the following allied healthcare professional degrees and certificates: (A) Cardiovascular Technologist. (B) Certified Nurse Assistant. (C) Dialysis Technician. (D) Diagnostic Medical Sonographer. (E) Medical Lab Technician. (F) Orthopedic Assistant. (G) Physical Therapy Aide and Assistant. (H) Psychiatric Technologist. (I) Radiologic Therapist. (J) Speech Language Pathology Aide. (3) Beginning in the 2026–27 academic year, the chancellor’s office shall annually collect from colleges, and report triennially on, all certificates or degrees related to allied health professionals that require clinical training. (c) Any disclosure under this section shall be in compliance with state and federal privacy laws. (d) For purposes of this section, “allied health professional” has the same meaning as in Section 295p of Title 42 of the United States Code. (Amended by Stats. 2026, Ch. 79, Sec. 28. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88827. Source version: id_a47f88f2-a419-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) This section applies to the K–12 component only. (b) Commencing with the 2018–19 fiscal year, the amount appropriated in the annual Budget Act for the K–12 component of the Strong Workforce Program is provided to create, support, or expand high-quality career technical education programs at the K–12 level that are aligned with the workforce development efforts occurring through the Strong Workforce Program. (c) (1) Pursuant to subdivision (b), one hundred fifty million dollars ($150,000,000) shall be apportioned by the chancellor’s office to the fiscal agent of each consortium based on the following weighted factors in each region: (A) The unemployment rate. This factor shall comprise 33 percent of the allocation formula. (B) The region’s total average daily attendance for pupils in grades 7 to 12, inclusive. This factor shall comprise 33 percent of the allocation formula. For purposes of this section, average daily attendance shall be those figures that are reported at the time of the second principal apportionment for the previous fiscal year. (C) The proportion of projected job openings. This factor shall comprise 34 percent of the allocation formula. (2) Of the amounts apportioned to each consortium pursuant to paragraph (1), 4 percent is designated for applicants with total average daily attendance of less than or equal to 140, 8 percent is designated for applicants with total average daily attendance of more than 140 and less than or equal to 550, and 88 percent is designated for applicants with total average daily attendance of more than 550, unless otherwise determined by the K–12 Selection Committee formed pursuant to Section 88829, in consultation with the consortium. For any applicant consisting of more than one school district, county office of education, charter school, or regional occupational center or program (ROCP) operated by a joint powers authority or county office of education, or any combination of those entities, the sum of the average daily attendance for each of the constituent entities shall be used for purposes of this subdivision. (3) The chancellor’s office shall provide to the Superintendent of Public Instruction, the Department of Finance, and the Legislative Analyst’s Office a schedule of proposed allocations, as determined pursuant to paragraph (1), for each consortium no later than August 30 of each year. The Department of Finance shall approve the allocation plan before the release of funding. (d) Funds appropriated in the annual Budget Act to support consortia administrative costs shall be apportioned by the chancellor’s office in an amount equal to 1 percent of each consortium’s K–12 allocation pursuant to this section to support the costs to administer the regional grant process and to support the duties of the K–12 Selection Committee. (Amended by Stats. 2019, Ch. 51, Sec. 59. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88828. Source version: id_634014f6-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= This section applies to the K–12 component only. Each consortium shall administer a competitive grant program to distribute funding allocated pursuant to subdivision (c) of Section 88827 to eligible grant recipients. Consortia are encouraged to collaboratively develop a uniform grant application process that includes a process for grant renewals and for a grant applicant to appeal a grant award decision of the K–12 Selection Committee. As part of the application process, each consortium shall ask applicants to indicate whether they have received a grant under the California Career Technical Education Incentive Grant Program established pursuant to Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4 of Title 2. For each fiscal year, the chancellor’s office shall work with the State Department of Education to produce a list of grant recipients that receive funding under this program as well as through the California Career Technical Education Incentive Grant Program, including the grant amounts awarded through each program and the purpose for which each grant was awarded. Local educational agencies applying to receive a grant from a consortium shall comply with all of the following: (a) The local educational agency shall be located within the geographical boundaries of the consortium, and engage in regional efforts to align workforce, employment, and education services. (b) The local educational agency shall use its consortium’s plan developed pursuant to Section 88823 to inform their efforts to create, support, implement, or expand upon career technical education courses, course sequences, programs, and pathways, and to the extent possible, integrate available local, regional, state, and private resources to improve the successful outcomes of pupils enrolled in career technical education courses, course sequences, programs, and pathways. To the extent an applicant’s career technical education program, or programs, offered in the 2018–19 fiscal year do not align with its consortium’s plan developed pursuant to Section 88823, the applicant shall be deemed to meet this requirement by including in its grant application the steps that it will take during the 2018–19 fiscal year to align its career technical education program, or programs, with its consortium’s plan. (c) (1) The local educational agency shall provide matching funds for any grant funding received from this program as follows: (A) For regional occupational centers or programs operated by a joint powers authority or county office of education, one dollar ($1) for every one dollar ($1) received from this program. (B) For local educational agencies, two dollars ($2) for every one dollar ($1) received from this program. (2) The local match may include funding from school district and charter school local control funding formula apportionments pursuant to Section 42238.02, the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V) (Public Law 115-224), the partnership academies program pursuant to Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4 of Title 2, the agricultural career technical education incentive program pursuant to Article 7.5 (commencing with Section 52460) of Chapter 9 of Part 28 of Division 4 of Title 2, or any other allowable source, except as provided in paragraph (3). (3) The local match described in this subdivision shall not include any funding received by the applicant from the California Career Pathways Trust established pursuant to Section 53010, the California Career Technical Education Incentive Grant Program established pursuant to Section 53070, or the Career Technical Education Facilities Program established pursuant to Section 17078.72. (4) An applicant’s matching funds shall be used to support the program, or programs, for which the applicant was awarded a grant. (d) The applicant, or the applicant’s career technical education program, as applicable, shall meet all of the following minimum eligibility standards: (1) Is informed by, aligned with, and expands upon regional plans and planning efforts occurring through the Strong Workforce Program. (2) Offers high-quality curriculum and instruction aligned with the California Career Technical Education Model Curriculum Standards adopted by the State Board of Education pursuant to Section 51226, including, but not limited to, providing a coherent sequence of career technical education courses that enable pupils to transition to postsecondary education or training programs that lead to a career pathway or attain employment upon graduation from high school. (3) Provides pupils with quality career exploration and guidance. (4) Provides pupil support services, including, but not limited to, counseling and leadership development. (5) Provides opportunities for pupils to participate in after-school, extended-day, and out-of-school internships, competitions, and other work-based learning opportunities. (6) Leads to an industry-recognized credential or certificate, appropriate postsecondary training or employment, or a postsecondary degree. (7) Is staffed by skilled teachers or faculty and provides professional development opportunities for those teachers or faculty members. (8) (A) Reports data that can be used by policymakers, local educational agencies, community college districts, and their regional partners to support and evaluate the program, including demographic data, disaggregated by race and gender, used to evaluate progress in closing equity gaps in program access and completion, and earnings of underserved demographic groups. (B) Data reported pursuant to this paragraph shall include, but is not limited to, metrics aligned with the core metrics required by the federal Workforce Innovation and Opportunity Act (Public Law 113-128), the College/Career Indicator included in the California School Dashboard, and the quality indicators described in the California State Plan for Career Technical Education required by the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V), and the following metrics, disaggregated by race and gender: (i) The high school graduation rate. (ii) The number of pupils completing career technical education coursework. (iii) The number of pupils obtaining an industry-recognized credential, certificate, license, or other measure of technical skill attainment. (iv) The number of former pupils employed and the types of businesses in which they are employed. (v) The number of former pupils enrolled in each of the following: (I) A postsecondary educational institution, disaggregated by public, private nonprofit, and private for-profit institutions. (II) A state apprenticeship program. (III) Another form of job training. (C) No later than November 30 of each fiscal year, the Workforce Pathways Joint Advisory Committee established pursuant to Section 12053 shall review the data metrics specified in subparagraph (B) and make recommendations to the fiscal and appropriate policy committees of both houses of the Legislature and to the Department of Finance as to whether they are the most appropriate metrics to measure and evaluate program outcomes for both new and renewal applicants, and whether other metrics should be included. (D) Data collected pursuant to this section shall be reported by the grant recipient to the State Department of Education and their K–14 Technical Assistance Provider by November 1 immediately following the fiscal year for which the data is being reported. The K–14 Technical Assistance Provider shall annually notify the K–12 Selection Committee in each region of any grant recipient that fails to provide the required outcome data. The K–12 Selection Committee, in consultation with the consortium, may terminate or rescind contracts and grants from grantees that fail to provide the required outcome-based data pursuant to this paragraph. (E) The State Department of Education shall make the data reported pursuant to subparagraph (D) available to the chancellor’s office on a date to be jointly determined by the State Department of Education and the chancellor’s office, to ensure the data is included on the California Community Colleges LaunchBoard data platform. (F) No later than January 31, 2024, and on or before January 31 every five years thereafter, the State Department of Education shall submit a report, pursuant to Section 53076.2 and this section, to the Department of Finance, the Governor, and the appropriate policy and fiscal committees of the Legislature evaluating the progress that local educational agencies have made in expanding the availability of high-quality, industry-valued career technical education and workforce development opportunities; improving coordination and alignment with postsecondary educational institutions and workforce agencies and programs; and, to the extent possible, the progress in closing equity gaps in program access and completion. (Amended by Stats. 2024, Ch. 145, Sec. 3. (AB 1929) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88829. Source version: id_7101354b-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) For purposes of awarding grants under the K–12 component of the Strong Workforce Program, each consortium shall form a K–12 Selection Committee made up of individuals with expertise in K–12 career technical education and workforce development. The K–12 Selection Committee membership shall be composed of all of the following: (1) Current or former K–12 career technical education teachers and administrators. (2) Charter school representatives, including representatives of charter schools operating pursuant to subdivision (a) of Section 47612.1. (3) Career guidance counselors. (4) Representatives of industries that are prioritized by the consortium. (5) At least one community college faculty or administrator. (6) Other K–12 education stakeholders, or other stakeholders, as determined by the consortium. (b) The K–14 Technical Assistance Provider in each consortium shall serve as a consultant to the K–12 Selection Committee. (c) (1) Decisions governing, or relating to, the distribution of fiscal resources for the K–12 component shall be made exclusively by the K–12 Selection Committee, including selection of grant recipients and specific funding amounts for each grant. (2) The K–12 Selection Committee shall annually notify the Superintendent of Public Instruction, the State Board of Education, the Department of Finance, and the fiscal and appropriate policy committees of both houses of the Legislature of the amount awarded to each grant recipient and the activities to be supported by the grant. (d) To be eligible to receive a grant, a local educational agency with a representative on the K–12 Selection Committee shall maintain appropriate and transparent internal controls and processes to ensure that the local educational agency representative’s duties and responsibilities are clearly delineated, identified, and distinguished from the duties and responsibilities conferred upon the local educational agency as a grant applicant and recipient. (Amended by Stats. 2019, Ch. 497, Sec. 98. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88830. Source version: id_662e0d28-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) When determining grant recipients under the K–12 component of the Strong Workforce Program, the K–12 Selection Committee shall consider past performance of grantees before awarding additional funds to those reapplying for grants. (b) (1) The K–12 Selection Committee shall give positive consideration to each of the following characteristics in an applicant: (A) Aligned programs serving unduplicated pupils, as defined in Section 42238.02. (B) Programs that the K–12 Selection Committee, in consultation with the consortium, determines most effectively meet the needs of the local and regional economies. (C) Programs serving pupil subgroups that have higher than average dropout rates, as identified by the Superintendent of Public Instruction. (D) Programs located in an area of the state with a high unemployment rate. (E) Programs serving pupils enrolled at a local educational agency receiving Local Control Funding Formula Equity Multiplier funding pursuant to Section 42238.024, as identified through the stability rate data file produced by the State Department of Education in the prior fiscal year. (2) When determining grant recipients, the K–12 Selection Committee shall give greatest weight to the applicant characteristics included in this subdivision. (c) The K–12 Selection Committee shall also give positive consideration to programs to the extent they do any of the following: (1) Successfully leverage one or both of the following: (A) Existing structures, requirements, and resources of the federal Strengthening Career and Technical Education for the 21st Century Act (Perkins V) (Public Law 115-224), the California Partnership Academies pursuant to Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4 of Title 2, or the Agricultural Career Technical Education Incentive Program pursuant to Article 7.5 (commencing with Section 52460) of Chapter 9 of Part 28 of Division 4 of Title 2. (B) Contributions from industry, labor, and philanthropic sources. (2) Make significant investments in career technical education infrastructure, equipment, and facilities. (3) Operate within rural school districts. (Amended by Stats. 2024, Ch. 434, Sec. 1. (AB 3131) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88831. Source version: id_bf651048-a419-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) A grant recipient for purposes of the K–12 component may consist of one or more, or any combination, of the following: (1) School districts. (2) County offices of education. (3) Charter schools. (4) Regional occupational centers or programs operated by a joint powers authority or county office of education, if the application has the written consent of each participating local educational agency. (b) Each consortium shall work with its K–14 Technical Assistance Provider to provide notice to county offices of education, other local educational agencies, middle schools, high schools, and regional occupational centers and programs eligible for grants under this section of the availability of contracts and grants and the process for submitting an application. (Amended by Stats. 2019, Ch. 51, Sec. 62. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88832. Source version: id_0274e988-8160-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= As a condition of receiving funds for purposes of the K–12 component, grant recipients shall do both of the following: (a) Certify to the K–12 Selection Committee that grant funds received and the matching funds contributed by each local educational agency shall be used solely for the purpose of supporting the program or programs for which the grant is awarded. (b) Make expenditure data on career technical education programs available for purposes of determining if the grant recipients have met the matching funds requirements specified in subdivision (c) of Section 88828, and for monitoring the use of funds provided pursuant to Section 88827. (Added by Stats. 2018, Ch. 32, Sec. 119. (AB 1808) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.5. Strong Workforce Program [88820 - 88833] SECTION 88833. Source version: id_c86ac95a-a419-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.5.&chapter=&article= (a) (1) Commencing with the 2018–19 fiscal year, the amount appropriated in the annual Budget Act for support of the K–12 Workforce Pathway Coordinators and the K–14 Technical Assistance Providers shall be used to establish a K–12 Workforce Pathway Coordinator within the geographical boundaries of each community college district, unless otherwise determined by the Superintendent of Public Instruction and the chancellor’s office. K–12 Workforce Pathway Coordinators shall be selected through a competitive process jointly administered by the Superintendent of Public Instruction and the chancellor’s office, for the provision of technical assistance and support to local educational agencies in implementing career technical education courses, programs, and pathways under both the California Career Technical Education Incentive Grant Program established pursuant to Section 53070 and the K–12 component of the Strong Workforce Program. Duties of the K–12 Workforce Pathway Coordinators selected pursuant to this section include, but are not limited to, all of the following: (A) Providing technical assistance and support to local educational agencies to implement career technical education courses, programs, and pathways and integrate available local, regional, state, and private resources to ensure that pupils will achieve successful workforce outcomes. As part of this duty, each K–12 Workforce Pathway Coordinator, in consultation with the State Department of Education, shall ensure that K–12 career technical education programs are aligned with the California Career Technical Education Model Curriculum Standards adopted by the State Board of Education pursuant to Section 51226. (B) Collaborating on behalf of the local educational agencies within the region with local community colleges, industry partners, local workforce investment boards, and other relevant agencies or organizations to support and align K–12 career technical education programs. As part of this duty, each K–12 Workforce Pathway Coordinator shall stay current with the needs of K–12 career technical education programs and their regional and local labor markets in order to provide guidance, in collaboration with local educational agencies, to the chancellor’s office, the Strong Workforce regional consortium, and industry representatives. (C) Acting as first point of contact for local educational agencies, industry representatives, and employers with the intent of assisting local educational agencies to respond to industry needs and facilitating industry connection with K–12 career technical education programs. (D) Cultivating collaborative communities so that local educational agencies and industry can collaborate and provide peer-to-peer knowledge exchange in areas of common interest to inform the development of high-quality education programs. (E) Working in conjunction with the Deputy Sector Navigators and State Department of Education Industry Sector Leads to improve linkages and alignment of career education pathways between middle schools, high schools, public postsecondary institutions, and the workforce. (2) An individual associated with any of the following may apply to serve as a K–12 Workforce Pathway Coordinator, or any of the following may subcontract with an individual with expertise in K–12 education and workforce development to serve as a K–12 Workforce Pathway Coordinator: (A) School districts. (B) County offices of education. (C) Charter schools. (D) Regional occupational centers or programs operated by a joint powers authority or county office of education. (3) The Superintendent of Public Instruction and the chancellor’s office shall agree upon an outcome-based assessment that allows for an evaluation of the K–12 Workforce Pathway Coordinators’ ability to perform the duties identified in paragraph (1). Data required for purposes of this evaluation shall be submitted by the K–12 Workforce Pathway Coordinators to the Superintendent of Public Instruction and the chancellor’s office at least annually, commencing in the 2019–20 fiscal year. (b) (1) Commencing with the 2018–19 fiscal year, the amount appropriated in the annual Budget Act for support of the K–12 Workforce Pathway Coordinators and the K–14 Technical Assistance Providers shall be used to support the activities of the K–14 Technical Assistance Providers established under the California Career Pathways Trust. One K–14 Technical Assistance Provider shall be selected for each consortium through a competitive process jointly administered by the Superintendent of Public Instruction and the chancellor’s office, for the provision of technical assistance and support to local educational agencies in implementing career technical education courses, programs, and pathways under both the California Career Technical Education Incentive Grant Program established pursuant to Section 53070 and the K–12 component of the Strong Workforce Program. Duties of the K–14 Technical Assistance Providers selected pursuant to this section include, but are not limited to, all of the following: (A) Providing leadership, guidance, and technical assistance to create, support, expand, and improve career technical education opportunities for local educational agencies. As part of this duty, each K–14 Technical Assistance Provider, in consultation with the State Department of Education, shall ensure that K–12 career technical education programs are aligned with the California Career Technical Education Model Curriculum Standards adopted by the State Board of Education pursuant to Section 51226. (B) Acting as a liaison between the consortium and the State Department of Education, and serving as a consultant to the K–12 Selection Committee. (C) Interacting with the K–12 Workforce Pathway Coordinators, the Deputy Sector Navigators, and the State Department of Education Industry Sector Leads to improve linkages and career education pathways between middle schools, high schools, public postsecondary institutions, and the workforce. (D) Identifying professional development opportunities for the K–12 Workforce Pathway Coordinators and educational entities, including educational leaders and counselors. (E) Regularly facilitating the convening of grantees to develop a network of educators to share best practices and cultivate state resources that can be used by agencies charged with providing assistance within the statewide system of support authorized pursuant to Section 52059.5. (2) Any of the following may apply to serve as a K–14 Technical Assistance Provider, or subcontract with an individual with expertise in K–12 education and workforce development to serve as a K–14 Technical Assistance Provider: (A) School districts. (B) County offices of education. (C) Charter schools. (D) Regional occupational centers or programs operated by a joint powers authority or county office of education. (E) Community college districts. (3) The Superintendent of Public Instruction and the chancellor’s office shall agree upon an outcome-based assessment that allows for an evaluation of the K–14 Technical Assistance Providers’ ability to perform the duties identified in paragraph (1). Data required for purposes of this evaluation shall be submitted by the K–14 Technical Assistance Providers to the Superintendent of Public Instruction and the chancellor’s office at least annually, commencing in the 2019–20 fiscal year. (4) In selecting the K–14 Technical Assistance Providers, the Superintendent of Public Instruction and the chancellor’s office shall give priority to applicants who served as a K–14 Technical Assistance Provider under the California Career Pathways Trust pursuant to paragraph (2) of subdivision (e) of Section 53015. (c) To promote the successful transition to the K–12 Strong Workforce Program, notwithstanding subdivisions (a) and (b), for the 2018–19 fiscal year only, the amount appropriated in the annual Budget Act for support of the K–12 Workforce Pathway Coordinators and the K–14 Technical Assistance Providers shall also be available for the purposes of integrating the K–12 component into the regional consortia and hiring and developing the K–12 Workforce Pathway Coordinators and K–14 Technical Assistance Providers. (d) Any funds not used for the purposes identified in subdivision (a), (b), or (c) shall be added to the amount appropriated in the annual Budget Act for the K–12 component of the Strong Workforce Program, and provided to each consortium to create, support, or expand career technical education programs at the K–12 level that are aligned with the workforce development efforts occurring through the Strong Workforce Program. (Amended by Stats. 2019, Ch. 51, Sec. 63. (SB 75) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.81. California Community College Guided Pathways Grant Program [88920 - 88922] SECTION 88920. Source version: id_ee4da438-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.81.&chapter=&article= The Legislature finds and declares all of the following: (a) Students are more likely to graduate on time if they identify a major early on, have a clear outline of the courses required for completion, and are provided consistent ongoing guidance and support throughout their program of study. (b) California has made investments to improve student outcomes at community colleges by providing student intake and guidance services, requiring colleges to focus on closing achievement gaps, improving foundational skills instruction and placements, providing enhanced student services for pretransfer-level students, and streamlining and simplifying the transfer process to four-year universities. (c) Providing community colleges with strategic, one-time state investments and technical assistance will enable colleges to integrate existing student-success programs and provide students with predictable course schedules and frequent feedback and support services to ensure that they can complete academic programs more efficiently. (d) Providing students who are pursuing an associate degree with a full two-year sequence of courses that can serve as a default plan will help to ensure that these students are positioned to complete their program on time. (Amended by Stats. 2022, Ch. 465, Sec. 11. (AB 2973) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.81. California Community College Guided Pathways Grant Program [88920 - 88922] SECTION 88921. Source version: id_4dff1bdd-61a2-11e7-8adc-8aa4aa845353 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.81.&chapter=&article= (a) There is hereby established the California Community College Guided Pathways Grant Program under the administration of the chancellor’s office. Grants awarded to community colleges pursuant to this part are intended to ensure all of the following: (1) Integration of existing student-success programs and services. (2) Building of capacity at community colleges for data analysis, leadership, planning, and implementation related to institutional change. (3) Development of clearly structured, coherent guided pathways programs for all entering students for purposes of improving student outcomes, reducing time to degree, and increasing the ability of students to obtain high-paying jobs. (b) The chancellor’s office shall distribute grants, upon appropriation by the Legislature, to community colleges that satisfy the requirements of this part and any programmatic criteria, administrative guidelines, and other requirements developed by the chancellor’s office to implement this part. (c) For purposes of this part, “chancellor’s office” means the Office of the Chancellor of the California Community Colleges. (d) For purposes of this part, a “guided pathways program” includes all of the following activities and practices: (1) Clarifying paths to student end goals by doing all of the following: (A) Simplifying students’ choices with default program maps developed by faculty and advisors for all academic and vocational programs that show students a clear pathway to completion, further education, and employment in fields of importance to the region. (B) Providing student advising and support services that help students to transition from high school, explore academic and vocational fields, choose a major, and develop a comprehensive academic plan leading to an associate degree for transfer, a career technical education certificate, an associate degree, other community college certificates, or the satisfaction of university transfer requirements. (C) Establishing transfer pathways through alignment of pathway courses and expected learning outcomes with transfer institutions, to optimize applicability of community college credits to university majors. (2) Helping students choose and enter a pathway by doing both of the following: (A) Bridging K-12 to higher education by ensuring early remediation in the final year of high school. (B) Redesigning traditional remediation as an “on-ramp” to a program of study, which helps students explore academic and career options from the beginning of their college experience, aligns math and other foundation skills coursework with a student’s program of study, and integrates and contextualizes instruction to build academic and nonacademic foundation skills throughout the college-level curriculum, particularly in program “gateway” courses. (3) Helping students stay on an academic path by doing both of the following: (A) Implementing procedures and systems, supported by appropriate technology, to monitor students’ progress toward completing their academic plans, to identify students who are at risk of not progressing in a program, and to intervene promptly with advising and other academic supports to help those students to resume progress or to revise their plans. (B) Embedding academic and nonacademic supports throughout student programs to promote student learning and persistence. (4) Ensuring students are learning by all of the following: (A) Establishing program-level learning outcomes that are aligned with the requirements for success in employment and further education in a given field and applying the results of learning outcomes assessments to improve the effectiveness of instruction across programs. (B) Integrating group projects, internships, and other applied learning experiences to enhance instruction and student success in courses across programs of study. (C) Ensuring incorporation of effective teaching practice throughout the pathways. (Added by Stats. 2017, Ch. 23, Sec. 14. (SB 85) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.81. California Community College Guided Pathways Grant Program [88920 - 88922] SECTION 88922. Source version: id_4dff42ef-61a2-11e7-8adc-8aa4aa845353 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.81.&chapter=&article= (a) From the funds provided for this part, the Board of Governors of the California Community Colleges shall allocate: (1) Up to 10 percent of the total amount of these funds for statewide assistance and programmatic support to implement this part. (2) All remaining funds shall be allocated as grants to participating community colleges. (b) (1) The chancellor’s office shall award grants to participating community colleges from the funds described in paragraph (2) of subdivision (a) as follows: (A) Twenty percent of these funds shall be awarded equally among all participating colleges. (B) Thirty-five percent of these funds shall be awarded based on the percentage of full-time equivalent students at each participating college. (C) Forty-five percent of these funds shall be awarded based on the percentage of students at each participating college that satisfy the requirements to receive federal Pell Grants and the requirements in Section 68130.5. (2) The chancellor’s office may include additional measures or adjust the allocation percentages in subparagraphs (A) to (C), inclusive, of paragraph (1) to accomplish the purposes of this part consistent with paragraph (3). (3) The chancellor’s office shall notify and receive concurrence from the Department of Finance before including additional measures or adjusting the allocation percentages pursuant to paragraph (2) and providing these funds to participating community colleges. The department shall consult with the Legislative Analyst’s Office before determining whether to concur. The Director of Finance shall notify the Joint Legislative Budget Committee if the department intends to concur. (c) Before the chancellor’s office may award grant funds to a participating community college, the college shall demonstrate its commitment to implement a guided pathways framework by completing all of the following: (1) Submitting a letter to the chancellor’s office signed by, and expressing the commitment of, the president of the governing board of the community college district, the chief executive officer of the college, and the president of the college’s academic senate to adopt a guided pathways model. (2) Notifying the chancellor’s office that the college has attended an Institutional Effectiveness Partnership Initiative workshop for guided pathways. The chancellor’s office shall ensure that community college representatives have sufficient access to an Institutional Effectiveness Partnership Initiative workshop for guided pathways that provides expert assistance to college representatives in developing a work plan that identifies implementation tasks for each participating college. (3) (A) Establishing and submitting to the chancellor’s office a work plan outlining the college’s commitment to implement a guided pathways program for all entering students and integrate existing student-success programs operating at the college, including, but not necessarily limited to, the Basic Skills Initiative, the Awards for Innovation in Higher Education Program established under Article 2.6 (commencing with Section 66010.96) of Chapter 2 of Part 40 of Division 5, associate degrees for transfer established pursuant to Article 3 (commencing with Section 66745) of Chapter 9.2 of Part 40 of Division 5, zero-textbook-cost degrees established pursuant to Article 4 (commencing with Section 78050) of Chapter 1 of Part 48, the Student Success and Support Program established in Article 1 (commencing with Section 78210) of Chapter 2 of Part 48, student equity plans adopted pursuant to Article 1.5 (commencing with Section 78220) of Chapter 2 of Part 48, the Adult Education Block Grant Program established in Article 9 (commencing with Section 84900) of Chapter 5 of Part 50, and the Strong Workforce Program established in Part 54.5 (commencing with Section 88820). (B) The work plan shall also include the college’s policies regarding the use of information from high school records and other assessment measures to determine each student’s course placement and academic support needs. (4) Submitting additional information that may be required by the chancellor’s office, including an application developed by the chancellor’s office, to assess a community college’s commitment to implement a guided pathways program. (d) If the chancellor’s office determines that a participating community college has not sufficiently met the requirements of subdivision (c), the college may access available technical assistance opportunities and revise and resubmit the documentation required pursuant to subdivision (c) after receiving its grant funds. (e) (1) The chancellor’s office shall establish programmatic criteria to release funding in stages to a participating community college based upon a determination by the chancellor’s office that the college is making appropriate progress toward implementing a guided pathways program. (2) (A) The chancellor’s office shall develop qualitative and quantitative indicators to measure early outcomes of guided pathways programs implemented pursuant to this part. In developing these indicators, the chancellor’s office shall consider existing research regarding credit accumulation, completion of gateway mathematics and English courses, and completion of required courses in an academic program as early indicators of program completion. (B) The chancellor’s office shall develop college-level indicators measuring the share of entering students who are participating in the activities and practices as defined in subdivision (d) of Section 88921 and the alignment of course offerings with students’ education plans. (C) Nothing in this paragraph shall preclude the chancellor’s office from using student success metrics that are already available as part of the California Community Colleges Student Success Scorecard, the American Association of Community Colleges Pathways Project, or other existing initiatives. (f) To the extent feasible, the chancellor’s office shall utilize the structure and processes in place for the California Guided Pathways Project, including, but not limited to, the project’s application, participation agreement, professional development, outcome measures, and technical assistance models. (g) Participating community colleges may use grant funds to implement guided pathways programs for various limited-term purposes, including, but not necessarily limited to, any, or any combination, including all, of the following: (1) Faculty and staff release time to review and redesign guided pathways programs, instruction, and support services. (2) Professional development in areas related to guided pathways. (3) Administrative time to coordinate, communicate, and engage college stakeholders in the process of developing and implementing guided pathways programs. (4) Upgrades to computer and student information systems to improve tracking of student progress and feedback to students. (h) Participating community colleges shall not use grant funds to provide instruction or support services to students or for other ongoing operating costs. (i) (1) The chancellor’s office shall report to the Director of Finance and the Legislature, pursuant to Section 9795 of the Government Code, as follows: (A) By July 1, 2018, provide a summary of the plans received by the chancellor’s office pursuant to paragraph (3) of subdivision (c), a summary of activities supported by the funds identified in paragraph (1) of subdivision (a), and a summary of activities related to implementation of this part from the Institutional Effectiveness Partnership Initiative and other existing programs of the chancellor’s office. (B) By each July 1 from 2019 to 2022, inclusive, provide an updated summary of each community college’s progress toward implementing its plan established pursuant to paragraph (3) of subdivision (c), including the share of each college’s students engaged in guided pathways activities and practices and the college’s alignment of course offerings with student education plans. The annual report due by July 1, 2022, shall include a summary of each participating community college’s progress on the qualitative and quantitative indicators of early outcomes developed pursuant to paragraph (2) of subdivision (e) or as otherwise required by the chancellor’s office. (2) Each of the reports in paragraph (1) shall include recommendations on any statutory or regulatory changes necessary to improve the ability of community colleges to implement their locally developed guided pathways programs. (Added by Stats. 2017, Ch. 23, Sec. 14. (SB 85) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.82. Community Colleges Student Success Completion Grant [88930 - 88933] SECTION 88930. Source version: id_791be490-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.82.&chapter=&article= For purposes of this part, “academic year” means the total of two consecutive semesters or three quarters, commencing with the opening of the fall term. Each semester or quarter is approximately the same length. (Added by Stats. 2018, Ch. 33, Sec. 50. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.82. Community Colleges Student Success Completion Grant [88930 - 88933] SECTION 88931. Source version: id_6928616a-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.82.&chapter=&article= (a) Commencing with the 2018–19 academic year, each participating community college shall provide a grant award to a student pursuant to subdivision (b). The purpose of the grant award is to provide the student with additional financial aid to help offset the student’s total cost of community college attendance. (b) A student attending a community college may receive a grant award pursuant to this section if the student meets all of the following requirements: (1) The student receives a Cal Grant B or C award pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5. (2) The student is making satisfactory academic progress at the community college under criteria required by the applicable federal standards published in Title 34 of the Code of Federal Regulations. The criteria applied by the community college for determining satisfactory academic progress shall, to the extent consistent with applicable federal standards, provide that homelessness, as defined as a “homeless individual” within the meaning of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11302(a)), or as defined as a “homeless child or youth,” as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), is an extenuating circumstance for students who are otherwise unable to meet the requirements deemed to constitute “satisfactory academic progress” at that community college. The community college may consider this extenuating circumstance, in its discretion, to the extent consistent with federal standards, to alter or excuse compliance with those progress requirements. (3) The student is a California resident or is exempt from paying nonresident tuition under Section 68130.5 or 76140. (c) (1) The students who meet the applicant criteria pursuant to subdivision (b) shall be eligible for the following grant amounts: (A) One thousand two hundred ninety-eight dollars ($1,298) per semester, or quarterly equivalent, for eligible students who enroll in 12, 13, or 14 units per semester, or the quarterly equivalent number of units. (B) Four thousand dollars ($4,000) per semester, or quarterly equivalent, for eligible students who enroll in 15 units per semester, or the quarterly equivalent number of units. (2) Notwithstanding paragraph (1), commencing with the 2023–24 academic year, the students meeting the applicant criteria pursuant to subdivision (b) who are current or former foster youth, as defined in paragraph (2) of subdivision (e) of Section 69433.6, shall be eligible for a grant amount of five thousand two hundred fifty dollars ($5,250) per semester, or quarterly equivalent, if they enroll in 12 or more units per semester, or the quarterly equivalent number of units. (3) Notwithstanding paragraph (1), commencing with the 2025–26 academic year, the students meeting the applicant criteria pursuant to subdivision (b) who enroll in nine or more units per semester, or the quarterly equivalent number of units, and are considered full time as part of a disabled student programs and services Academic Accommodation Plan, as described in Section 56022 of Title 5 of the California Code of Regulations, shall be eligible for a grant amount of one thousand two hundred ninety-eight dollars ($1,298) per semester, or the quarterly equivalent. (4) (A) If funding is available after making awards to students in the primary terms, a community college may grant additional awards to students who take a sufficient number of units during the summer term to bring their total number of academic units to 24 units or more for the academic year. The chancellor’s office shall work with colleges to determine the summer grant amounts based on available funds. (B) It is the intent of the Legislature that the available grants would be prorated to allocate a larger amount to students who take a sufficient number of units for a total of 30 units or more for the academic year. (d) (1) To the extent practicable, a grant award shall be awarded at the same time as a recipient’s overall financial aid package. (2) The grant award shall be considered a supplemental grant, and shall not supplant any other grant, fee waiver, or scholarship aid received by the student, including, but not necessarily limited to, federal grants, Cal Grant awards, institutional grants, merit-based scholarships, and athletic scholarships. (3) The grant award shall be based upon the financial need of the applicant, and shall not exceed the calculated financial need for any individual applicant. The minimum level of financial need of applicants shall be determined by the commission pursuant to Section 69432.9. (4) The grant award identified in subdivision (c) shall be proportionally reduced if the amount of funding appropriated in the annual Budget Act for this purpose is insufficient to fully fund the total number of students awarded a grant. (e) (1) Each participating community college shall administer the grant award pursuant to the requirements of this section. (2) It is the intent of the Legislature that a student is enrolled in a program of study and has completed an education plan identifying courses, a sequence of courses, key progress of milestones, and other requirements the student must complete to earn an associate degree, career technical education certificate, other community college certificate, or meet transfer requirements. (3) Each participating community college shall encourage students to enroll in a sufficient number of units per semester, quarter, or summer term to be considered on track to obtain a certificate, associate degree for transfer, or associate degree or transfer to a four-year university within two academic years or within three academic years if a student is required to take basic skill courses by the community college. (f) This section shall not be operative in a fiscal year unless funding has been provided for this section for that fiscal year in the annual Budget Act or another statute. (Amended by Stats. 2024, Ch. 685, Sec. 1. (AB 1885) Effective January 1, 2025. Conditionally inoperative as prescribed by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.82. Community Colleges Student Success Completion Grant [88930 - 88933] SECTION 88932. Source version: id_791c0ba4-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.82.&chapter=&article= (a) On or before April 1, 2020, the chancellor shall report to the Legislature all of the following for the 2018–19 award year: (1) The number of grant award recipients who met the requirements of Section 88931, disaggregated by recipients who are pursuing an associate degree for transfer, an associate degree, or a career technical education certificate, or other community college certificate, and further disaggregated by the type of certificate. (2) The number of grant award recipients who met the requirements of Section 88931 and received a grant disaggregated by the number of units the recipients were enrolled in each term during the academic year. (3) The number of grant award recipients who met the requirements of Section 88931 considered on track to complete their educational program within two academic years, within three academic years if a student is required to take basic skill courses by the community college, within the published length of time, or within the published length of time plus one year if a student is required to take basic skill courses by the community college. (4) The average grade point average of grant award recipients. (b) Student information reported pursuant to subdivision (a) shall be disaggregated by race, ethnicity, gender, and socioeconomic status. (c) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on April 1, 2024, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2018, Ch. 33, Sec. 50. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] PART 54.82. Community Colleges Student Success Completion Grant [88930 - 88933] SECTION 88933. Source version: id_791c0ba6-8183-11e8-a7ff-399af1c0600f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=7.&part=54.82.&chapter=&article= The board of governors may adopt regulations to administer this part. (Added by Stats. 2018, Ch. 33, Sec. 50. (AB 1809) Effective June 27, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89000. Source version: id_ffc49037-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. As used in this division, “trustees” means the Trustees of the California State University, created under Section 66600. (Amended by Stats. 1981, Ch. 638, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89001. Source version: id_ffc616d9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. (a) The California State University includes the institutions for higher education whose locations or designations are listed in this section. (1) San Jose. (2) San Francisco. (3) Chico. (4) Humboldt. (5) San Diego. (6) Fresno. (7) California Polytechnic State University, San Luis Obispo. (8) California State Polytechnic University, Pomona. (9) Long Beach. (10) Los Angeles. (11) Sacramento. (12) Hayward. (13) San Fernando Valley. (14) Fullerton. (15) Stanislaus. (16) Sonoma. (17) San Bernardino. (18) Dominguez Hills. (19) Contra Costa. (20) Kern. (21) Redwood City. (22) Ventura. (23) San Marcos. (24) The California Maritime Academy, a specialized institution. (25) Monterey County. (b) This section shall become operative on July 1, 1995. (Amended (as added by Stats. 1993, Ch. 1298, Sec. 3.5) by Stats. 1994, Ch. 901, Sec. 3. Effective September 27, 1994. Section operative July 1, 1995, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89002. Source version: id_ffc616db-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. The campuses authorized in paragraphs (19), (21), and (22) of subdivision (a) of Section 89001 shall commence construction only upon resolution of the trustees, approved by the California Postsecondary Education Commission. This section shall become operative on July 1, 1995. (Amended (as added by Stats. 1994, Ch. 901, Sec. 5) by Stats. 1995, Ch. 758, Sec. 245. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89005. Source version: id_9a6a2777-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. All references in law or regulation to the “California State Colleges,” to the “California State University and Colleges,” or to “state colleges” shall be deemed to refer to the California State University and to the system of institutions of higher education that comprises the California State University as authorized in Section 89001. The term “campus” shall mean any of the institutions included within the California State University specified in Section 89001. (Amended by Stats. 2015, Ch. 303, Sec. 134. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89005.5. Source version: id_f062c89a-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. (a) (1) All of the following names are the property of the state: (A) “California State University.” (B) The names of all educational institutions in the state with names containing the words “California State University.” (C) All of the following names: (i) “California Polytechnic State University, San Luis Obispo.” (ii) “California State Polytechnic University, Humboldt.” (iii) “California State Polytechnic University, Pomona.” (iv) “California Maritime Academy.” (v) “Humboldt State University.” (vi) “Sonoma State University.” (vii) “San Francisco State University.” (viii) “San Jose State University.” (ix) “San Diego State University.” (D) Abbreviations of names listed in subparagraphs (A), (B), and (C), including, but not necessarily limited to, all of the following: (i) “Cal State.” (ii) “Cal Maritime.” (iii) “Humboldt State.” (iv) “Sonoma State.” (v) “San Francisco State.” (vi) “San Jose State.” (vii) “San Diego State.” (viii) “Cal Poly.” (ix) “CSU.” (2) No person shall, without the permission of the Trustees of the California State University, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways: (A) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise. (B) To imply, indicate, or otherwise suggest that any product, service, or organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the Trustees of the California State University or any educational institution administered by the trustees. The permission of the trustees is required before any name listed in this subdivision may be used for any commercial purpose. (C) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program. (b) However, nothing in this section shall interfere with any person who makes, or restrict the right of any person to make, a true and accurate statement of their present or former relationship or connection with, their employment by, or their enrollment in, the California State University in the course of stating their experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever. (c) Every person violating this section is guilty of a misdemeanor. (Amended by Stats. 2022, Ch. 465, Sec. 12. (AB 2973) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89005.7. Source version: id_6b2a24dc-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. Notwithstanding any other law: (a) (1) Each campus of the California State University shall observe November 11, known as Veterans Day, as a holiday, and shall be closed on that day. (2) When November 11 falls on a Sunday, each campus of the California State University shall observe the following Monday as the Veterans Day holiday. When November 11 falls on a Saturday, each campus of the California State University shall observe the preceding Friday as the Veterans Day holiday. (b) (1) Each campus of the California State University may observe the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” as a holiday, and be closed on that day. The campus may replace observing another prescribed holiday with observing Lunar New Year as a holiday. If the campus observes the Lunar New Year holiday and Lunar New Year falls on another prescribed holiday that is not being replaced by the Lunar New Year holiday, the campus shall observe the preceding or following weekday as the Lunar New Year holiday. (2) If a campus of the California State University observes the Lunar New Year holiday pursuant to paragraph (1), employees of the campus shall be entitled to a paid holiday on that day if they are in a paid status during any portion of the working day immediately preceding or succeeding the Lunar New Year holiday. (3) If this subdivision conflicts with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2024, Ch. 972, Sec. 1. (AB 2883) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89006. Source version: id_ffc79d81-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. It is unlawful for any person to utilize any information, not a matter of public record, that is received by that person by reason of his or her employment by, or contractual relationship with, the trustees, the California State University, or an auxiliary organization of the California State University, for personal pecuniary gain, not contemplated by the terms of the employment or contract, regardless of whether the person is or is not so employed or under contract at the time the gain is realized. (Amended by Stats. 1993, Ch. 8, Sec. 36. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89007. Source version: id_ffc79d83-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. For the purposes of Section 11032 of the Government Code, the following constitute, among other proper purposes of like or different character, state business for officers and employees of the trustees for which the officers and employees shall be allowed actual and necessary traveling expenses: (a) Attending meetings of any association, organization or agency having as its principal purpose the study of matters relating to education or to a particular field or fields of education, or any agency of such association. (b) Conferring with officers or employees of this state or the United States, or appearing before committees of either house of the Congress of the United States, relative to problems relating to education in California. (c) Conferring with officers or employees of other states engaged in the performance of similar duties. (d) Obtaining information useful to the trustees in the conduct of their work. The provisions of Section 11032 of the Government Code, requiring approval by the Governor and Director of Finance of traveling and expenses outside the state shall not be applicable to the officers and employees of the trustees. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89008. Source version: id_ffc79d85-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. The trustees shall prescribe rules and regulations governing the use of state-owned or leased motor vehicles by employees of the California State University. The rules shall include the remedies of assessing actual costs of misuse of state-owned or leased motor vehicles, and employee discipline under Section 89535. (Added by Stats. 1983, Ch. 1040, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89009. Source version: id_122652bf-f54a-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. (a) It is the intent of the Legislature that the land and improvements comprising the Camarillo State Hospital be transferred to the trustees to be developed and improved as a campus of the California State University in order to make public postsecondary education more available to qualified persons in the Ventura County area as well as throughout the state. (b) Upon approval by the trustees, the Department of General Services shall transfer the land and improvements comprising the Camarillo State Hospital to the trustees. The Department of General Services shall be reimbursed for its administrative costs incurred in connection with the transfer, and an amount not to exceed five thousand dollars ($5,000) is hereby appropriated from the General Fund to the department for that purpose. (c) In order to raise revenues to assist in building a campus of the California State University and to provide a source of funding for the program thereof, the trustees may sell and lease interests in real property included within the land comprising Camarillo State Hospital that are not needed for campus purposes. The proceeds from any sale or lease pursuant to this section shall be deposited in local trust accounts and are available for expenditure for the improvement of real property of the campus and funding the programs of the campus. Funds so deposited and maintained may be invested in accordance with state law and are continuously appropriated without regard to fiscal year for the purpose of building, maintaining, and funding a campus of the California State University in Ventura County at the site of the Camarillo State Hospital. (d) This section shall be liberally construed to accomplish the intent of the Legislature. (e) This section does not apply to the approximately 57-acre noncontiguous parcel of the Camarillo State Hospital property located on Lewis Road in Ventura County. (Amended by Stats. 2009, Ch. 386, Sec. 17. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89010. Source version: id_ffc92429-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. (a) Notwithstanding Article 1 (commencing with Section 11000) of Chapter 1 of Part 1 of, Article 2 (commencing with Section 14660) of Chapter 2 of Part 5.5 of, and Part 11 (commencing with Section 15850) of, Division 3 of Title 2 of the Government Code, or any other provision of law to the contrary, the trustees may sell improvements located on the land at the California State University, Monterey Bay campus that was transferred to the trustees from the United States of America and used for housing purposes, in circumstances in which the underlying ownership in the land remains with the trustees. The trustees may exercise this authority without the prior approval of any other state department or agency. (b) Moneys received by the trustees from the sale of improvements authorized in this section shall be deposited in local trust accounts. Moneys so deposited may be invested in accordance with state law and, notwithstanding Section 13340 of the Government Code, are continuously appropriated without regard to fiscal years for the purposes of building, maintaining, and funding a campus of the California State University at Monterey Bay through expenditures for improvements to the campus, funding of scholarships, and other academic purposes of the campus. (Amended by Stats. 1999, Ch. 83, Sec. 45. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 1. General Provisions [89000 - 89011] SECTION 89011. Source version: id_ffc9242b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=1. (a) It is the intent of the Legislature that public programs of postsecondary education be made available to qualified persons throughout this state, including areas of substantial existing or projected population that are isolated from any campus of the California State University. (b) The Trustees of the California State University shall consider the establishment of a permanent, state-supported off-campus center on state-owned property in Contra Costa County, the purpose of which shall be to continue to offer education programs at the upper division and graduate levels. (c) Pursuant to the establishment of a permanent, state-supported off-campus center as provided by subdivision (b), the trustees shall contract for the preparation of a master plan for physical development, and a detailed survey of Contra Costa County, as follows: (1) The master plan for the physical development of the center shall project major land uses, including open space, and the development of physical facilities, including those relating to lecture and laboratory use, and other instructional activities, site work, plant operations, and adjunct operations. The master plan shall be subject to the approval of the Trustees of the California State University. (2) The detailed survey of Contra Costa County shall include, but not be limited to, official population projections, an industry and income profile, an analysis of specific education program requirements of potentially qualified students, an assessment of the need for educational services at the upper division and graduate levels, and an assessment of the services currently provided by other public and private institutions of postsecondary education, including the University of California and the California Community Colleges. (d) The trustees shall review the results of the master plan and survey and shall forward the results to the California Postsecondary Education Commission for its review pursuant to Section 66904. (Amended by Stats. 1993, Ch. 8, Sec. 38. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89030. Source version: id_ffcaaacf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) The trustees shall adopt rules and regulations not inconsistent with the laws of this state for the government of all of the following: (1) The trustees. (2) The appointees and employees of the trustees. (3) The California State University. (b) The adoption of these rules and regulations shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) The rules and regulations shall be published for distribution as soon as practicable after adoption. (d) This section shall be liberally construed in order that the purposes of the Donahoe Higher Education Act pursuant to Part 40 (commencing with Section 66010) of Division 5 may be effectuated. (Amended by Stats. 1996, Ch. 938, Sec. 3. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89030.1. Source version: id_7f0a7bde-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) (1) The trustees shall adopt, amend, or repeal regulations pursuant to this section instead of pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, “regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by the university to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, except one that relates only to the internal management of the university. “Regulation” does not mean or include any form prescribed by the university or any instructions relating to the use of the form, nor does it mean or include a building standard as defined in Section 18909 of the Health and Safety Code. (2) The trustees’ office of general counsel shall review the proposed regulations for matters such as necessity, authority, clarity, consistency, reference, and nonduplication, and recommend any proposed action to the trustees. For purposes of this section, “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication” shall have the same meaning as defined by Section 11349 of the Government Code. (b) At least 45 days before the public hearing, and before adoption of a proposed regulation, written notice of the proposed regulation shall be made available on the Internet Web site of the trustees. Written notice shall also be sent to those persons who have requested notices of the meetings of the trustees. The notice shall include the right of the public to comment orally or in writing on the proposed action either before or during the public hearing. (c) At the hearing, the public shall be provided the opportunity to comment on the proposed action. (d) The trustees shall maintain a rulemaking file containing the public notice, public comments, and minutes of the public hearing, including the action taken by the trustees. (1) The rulemaking file shall contain a summary of each objection or recommendation made, with an explanation of how the proposed action was changed to accommodate each objection or recommendation, or the reason or reasons for making no change. (2) The proposed regulations shall be accompanied by an estimate, prepared in accordance with instructions adopted by the Department of Finance, of the effect of the proposed regulations with regard to the costs or savings to any state agency, the cost of any state-mandated local program as governed by Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, any other costs or savings of local agencies, and the costs or savings in federal funding provided to state agencies. (e) The trustees shall transmit the regulations as finally adopted to the Secretary of State for filing. Each regulation shall be effective upon filing with the Secretary of State, and shall be published in the California Code of Regulations. (f) On or before January 15 of each year, the trustees shall report to the Governor, the Senate Education Committee, and the Assembly Higher Education Committee as to all regulatory actions taken by the trustees during the previous calendar year. The report shall include the statement of reasons for each regulatory action taken, indicate whether any concerns were raised regarding the proposed action, and the steps taken by the trustees to alleviate those concerns. (Amended by Stats. 2017, Ch. 712, Sec. 1. (AB 819) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89030.5. Source version: id_f3e4c36c-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements: (1) Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following: (A) Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting. (B) Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria. (C) Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10 days before the first public meeting or public hearing. (D) Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments. (E) Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the university’s final decision on the proposed change. (2) After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled meeting of the trustees. (3) Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor. (4) A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor. (b) The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors. (c) As used in this section, “local service area” means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended. (d) Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval. (Amended by Stats. 2022, Ch. 465, Sec. 13. (AB 2973) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89030.7. Source version: id_3d112411-317a-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. With respect to denial of admission for an applicant, the Trustees of the California State University shall ensure for each campus of the California State University all of the following: (a) Appeal procedures that clearly set forth the following: (1) The basis for appeal. (2) A timeframe of 15 business days from the date of denial of admissions notification in which to appeal. (3) A limit of one appeal per academic term. (4) The contact information for the campus office to which an appeal is submitted. (5) A time estimate for when the campus expects to issue a response to an appeal request. (b) The campus includes the appeal procedures described in subdivision (a) in a denial of admission notification to a student. (c) The campus posts information on the campus Internet Web site that details the appeal procedures described in subdivision (a). (Added by Stats. 2011, Ch. 163, Sec. 1. (AB 670) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89031. Source version: id_ffcaaad3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The trustees may establish rules and regulations for the government and maintenance of the buildings and grounds of the California State University. Every person who violates or attempts to violate the rules and regulations is guilty of a misdemeanor. (Amended by Stats. 1983, Ch. 143, Sec. 93.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89031.5. Source version: id_ffcaaad5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The trustees shall perform inspections of all motor vehicles owned by the California State University or under their jurisdiction. These inspections shall be provided for in the appropriate administrative manual of the California State University. (Amended by Stats. 1986, Ch. 843, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89032. Source version: id_a53186f0-3b2f-11eb-a905-85d289f2680c Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) It is the intent of the Legislature that students of the California State University acquire the knowledge and skills that will help them comprehend the diversity and social justice history of the United States and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens. (b) Commencing with the 2021–22 academic year, the California State University shall provide for courses in ethnic studies at each of its campuses. (c) The California State University shall collaborate with the California State University Council on Ethnic Studies and the Academic Senate of the California State University to develop core competencies to be achieved by students who complete an ethnic studies course pursuant to implementation of this section. The council and the academic senate shall approve the core competencies before commencement of the 2021–22 academic year. (d) Commencing with students graduating in the 2024–25 academic year, the California State University shall require, as an undergraduate graduation requirement, the completion of, at minimum, one three-unit course in ethnic studies. The university shall not increase the number of units required to graduate from the university with a baccalaureate degree by the enforcement of this requirement. This graduation requirement shall not apply to a postbaccalaureate student who is enrolled in a baccalaureate degree program at the university if the student has satisfied either of the following: (1) The student has earned a baccalaureate degree from an institution accredited by a regional accrediting agency. (2) The student has completed an ethnic studies course at a postsecondary educational institution accredited by a regional accrediting agency. (Added by Stats. 2020, Ch. 32, Sec. 2. (AB 1460) Effective January 1, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89033. Source version: id_6c1c2d58-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) The chancellor, when reviewing and updating any executive orders relating to discrimination, harassment, and retaliation for the purpose of enforcing or implementing the requirements of Section 67385, may do so in collaboration, as the chancellor deems appropriate, with any of the following: (1) The Systemwide Title IX Office. (2) The Executive Vice Chancellor of Academic and Student Affairs, the Associate Vice Chancellor for Student Affairs and Enrollment Management, the vice presidents for student affairs, and other executive vice chancellors and vice chancellors. (3) The Office of General Counsel. (4) The Vice Chancellor of Human Resources and other human resources and academic personnel officers. (5) Campus Title IX coordinators. (6) Presidents and provosts of the various campuses of the university. (7) Sexual assault counselors, confidential sexual assault victims advocates, and domestic violence counselors. (8) Representatives of the student bodies at each campus of the university. (9) The Vice Chancellor of Administration and Finance. (b) The chancellor shall submit the text of all executive orders to which this section applies in an annual report to the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education. (Added by Stats. 2022, Ch. 556, Sec. 2. (AB 1467) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89034. Source version: id_ffcc3177-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The authority to select and change the name of any institution of higher education in the California State University shall be vested in the trustees. (Amended by Stats. 1993, Ch. 8, Sec. 41. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89035. Source version: id_ffcc3179-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. Wherever in this code a power is vested in the trustees, the trustees by majority vote may adopt a rule delegating such power to any officer, employee, or committee as the trustees may designate. The rule shall prescribe the limits of such delegation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89036. Source version: id_ffcc317b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) (1) The trustees may enter into agreements with any public or private agency, officer, person, or institution, corporation, association, or foundation for the performance of acts or for the furnishing of services, facilities, materials, goods, supplies, or equipment by or for the trustees or for the joint performance of an act or function or the joint furnishing of services and facilities by the trustees and the other party to the agreement. (2) Notwithstanding any other provision of law, the trustees shall prescribe policies and procedures for the acquisition of services, facilities, materials, goods, supplies, or equipment. The policies and procedures of the trustees for the acquisition of materials, goods, supplies, or equipment shall include competitive means for obtaining best value while complying with legislative intent regarding competitive bids or proposals as it is expressed in Article 3 (commencing with Section 10300) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, and may include the use of financing arrangements. (3) The trustees may enter into agreements with the federal government or any agency thereof in accordance with the procedures prescribed by the federal government or agency in order to receive the benefits of any federal statute extending benefits to the California State University or to California State University students, including, but not necessarily limited to, both of the following: (A) Agreements with any agency of the federal government for the education of persons in the service of the federal government. (B) Agreements with any agency of the federal government for the education of veterans. These agreements shall provide for payment of the maximum amount permitted under the act, or acts, of Congress under which the agreement is entered into. (4) Notwithstanding any other provision of law, the trustees have all power necessary to perform any acts, and comply with conditions, required or imposed by the federal government in order to receive the benefits. The trustees are vested with all necessary power and authority to cooperate with any agency of the federal government in the administration of any applicable act of Congress and rules and regulations adopted thereunder. (b) Notwithstanding any other provision of law, the trustees have all power necessary to award contracts to one or more contractors, at any one or more campuses, for the collection of delinquent education loans required to be repaid under federal law. (Amended by Stats. 2001, Ch. 219, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89037. Source version: id_ffcc317d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The trustees may establish facilities for training deaf persons at the campus of the California State University which the trustees shall designate for such purpose. The trustees shall do all of the following: (a) Request the Department of Rehabilitation to refer deaf students to the designated state university. (b) Recognize the designated campus of the California State University as a professional center for training deaf persons and take all action necessary to facilitate the receipt by the campus of state and federal funds. (Amended by Stats. 1983, Ch. 143, Sec. 98.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89038. Source version: id_ffcc317f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The trustees may enter into agreements with any agency of the federal government for the construction of housing and other educational facilities for students and faculties of any campus of the California State University under the jurisdiction of the trustees if they determine that the income, rent, and charges for the use of the facilities will be sufficient in amount to repay the principal and interest on the amount secured from the federal government for the construction of the facilities. The trustees may also enter into agreements with any agency of the federal government which result in grants, matching funds, or any other kind of financial aid for construction of housing and other educational facilities for students and staff of any campus of the California State University under the jurisdiction of the trustees. Notwithstanding any other provision of law, whenever necessary to secure the full benefits of any federal statutes pertaining to loans, grants, matching funds, or any other kind of financial aid to educational institutions for housing and other educational facilities, the trustees may give such security as may be required and may comply with such conditions as may be imposed by the federal government. (Amended by Stats. 1983, Ch. 143, Sec. 99.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89039. Source version: id_ffcc3181-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) Notwithstanding anything to the contrary in Article 2 (commencing with Section 1940) of Chapter 2 of Part 7 of Division 2 of the Labor Code, the trustees may enter into an agreement with any political entity mentioned in Section 87422 for the exchange and employment of persons serving as teachers in state college laboratory demonstration elementary schools and employees of public schools of the political entity. The exchange and employment shall be made under comparable circumstances, subject to comparable conditions, with comparable effect as to tenure and retirement rights, subject to comparable requirements as to payment of salary and deductions therefrom, and for the same period of time as set forth in Sections 87422, 87423, and 87424 with respect to the exchange of school district employees, except that the circumstances, conditions, rights, and requirements shall be those appropriate to the employment relationship between the teachers and the trustees. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89041. Source version: id_ffcc3183-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The trustees may give in the name of the State of California such bond as may be required by the federal government, or any officer or agency thereof, for the care, safekeeping, and return of property of the United States issued to the California State University for the Reserve Officer Training Corps unit maintained at the campus. (Amended by Stats. 1983, Ch. 143, Sec. 101.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89042. Source version: id_ffcdb825-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The trustees may issue subpoenas to compel the attendance of witnesses before the trustees, or any member thereof, in the same manner as any court in this state. Whenever the testimony of any witness upon any matter pending before them is material, the trustees shall cause the attendance of the witnesses before the trustees, or a member of the trustees, to testify concerning the matter, and the trustees may make a reasonable allowance for this purpose not exceeding the fees of witnesses in civil cases. The allowance shall be paid for out of the appropriation for the expenses of the trustees, but in no instance shall an allowance be made in favor of a witness who appears in behalf of a claimant. The provisions of this section shall not apply to proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89043. Source version: id_ffcdb827-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The trustees shall have the powers conferred upon heads of departments of the state by Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89044. Source version: id_ffcdb829-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. The trustees may budget an amount to be expended for use in carrying out the community relation responsibilities of the president of each campus of the California State University and of the chancellor, as defined by the trustees. (Amended by Stats. 1985, Ch. 398, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89045. Source version: id_ffcdb82b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) The trustees shall establish an internal audit staff, which shall include the staff positions authorized for internal auditing. The internal auditing staff shall report directly to the trustees, and shall be available for consultation with any audit committee of the trustees which may be established by the trustees. (b) The duties of the internal audit staff shall include, but shall not necessarily be limited to, auditing, reviewing, cost and systems analysis, analyzing, and recommending operating procedures for the California State University. (c) Management audits shall be made to determine the effectiveness and efficiency of the organization, operation, and procedures of each state university, each auxiliary organization, and the office of the chancellor. Officials and employees of each state university, each auxiliary organization, and the office of the chancellor shall furnish all books, papers, contracts, management charts, and related information necessary for management audits. (d) In addition, the internal audit staff shall perform audits, at least once every five years, of the activities of the California State University pursuant to Sections 89031.5, 89036, 89046, and 89048 and Section 11007.7 of the Government Code. (Amended by Stats. 2001, Ch. 219, Sec. 3. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89046. Source version: id_d0acc9f5-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) The trustees may lease any property of a state university for any purpose that they consider is not inconsistent with the functions of the California State University including, but not limited to: (1) The lease of state university property to a nonprofit organization composed exclusively of students of the university or of members of the faculty of the university, or both, for purposes related to the activities of the university or for the activities of student or faculty organizations. (2) The lease of state university property to any nonprofit organization for the purpose of constructing and using thereon buildings as living quarters for students of the university and as meeting places. (3) The lease to any student or faculty organization of the university of property for the purpose of establishing and maintaining cooperative stores, and cafeterias in connection with those stores. (b) Any rental income received by the trustees under this or other leasing sections shall be deposited into the California State University Trust Fund established pursuant to Section 89722. (Amended by Stats. 2022, Ch. 54, Sec. 40. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89047. Source version: id_ffcdb82f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. (a) The trustees and the governing board of any school district within which a campus of the California State University is located may enter into an agreement providing for the leasing by the state of a school building of the school district for use by the campus as a laboratory demonstration elementary school on terms and conditions that may be agreed upon by the trustees and the governing board of the school district except as otherwise provided in this section. (b) The lease may be for a period not to exceed 20 years and, in addition to any other terms and conditions set forth therein, shall do all of the following: (1) Require the school district to maintain the building at its own expense. (2) Require the campus to maintain a school therein open to pupils of the school district residing in the attendance district for the school as established by the governing board of the district. (3) Require the school district to pay annually to the state on or before the end of each fiscal year an amount determined by computing the current expenditures per pupil in the elementary schools of the district for the fiscal year and multiplying the amount so computed by the average daily attendance for the fiscal year in the school in excess of 400. (c) Only the average daily attendance in the school in excess of 400 shall be credited to the school district. (d) The average daily attendance of pupils in the school shall be computed separately in the same manner as the average daily attendance in other schools of the same grade maintained by the school district. (Amended by Stats. 1995, Ch. 758, Sec. 254. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89048. Source version: id_ffcf3ed1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. Notwithstanding Article 1 (commencing with Section 11000) of Chapter 1 of Part 1, Article 2 (commencing with Section 14660) of Chapter 2 of Part 5.5, and Part 11 (commencing with Section 15850), of Division 3 of Title 2 of the Government Code, or any other provision of law, the trustees may perform the following functions, without prior approval of any other state department or agency, when necessary to carry out the purposes of the California State University: (a) Acquire easements or rights-of-way necessary for the proper utilization of real property of the California State University. (b) Grant and convey in the name of the California State University easements and rights-of-way across property belonging to the California State University subject to the conditions, limitations, restrictions, and reservations the trustees determine are in the best interests of the California State University. (c) Quitclaim the right, title, and interest of the California State University in and to easements and rights-of-way owned by the California State University which the trustees determine are no longer needed for California State University purposes. (d) Sell, lease, or exchange any personal property belonging to the California State University, if the trustees determine that the sale, lease, or exchange is in the best interests of the California State University. Transactions under this subdivision shall be for consideration based on fair market values. (e) Lease any real or personal property for the use of the California State University. (f) Sell, exchange, or otherwise dispose of real property acquired from revenues generated by the parking and housing programs in the California State University, to a recognized auxiliary organization of the California State University, as authorized by Section 89901. The sale, exchange, or other disposition shall be consistent with the requirements of any indenture or other agreement to which the trustees are a party. Transactions under this subdivision shall be for consideration based on the fair market value of the property to be sold, exchanged, or otherwise disposed of, and shall be subject to the following conditions: (1) Where more than one auxiliary organization of the California State University expresses interest in acquiring the property, the sale, exchange, or other form of disposal shall be awarded to the highest responsible bidder. The net present value of the projected proceeds of a bid shall be used to determine the highest responsible bidder, where applicable. (2) When the real property for sale is an improvement situated on land purchased with funds not generated by the parking or housing programs of the California State University, rights to the land upon which the improvement is situated, and access thereto, shall be leased and not sold or exchanged to the acquiring party. (3) When the real property for sale includes land purchased with funds generated by the parking or housing programs of the California State University, the property shall have at least one border with property that is not owned by the California State University. (g) Acquire, when it is in the best interests of the state, real property with revenues generated by the parking and housing programs of the California State University. (1) Any acquisition of real property carried out pursuant to this subdivision shall be reported annually to the Joint Legislative Budget Committee and to the Department of Finance by January 5 of each year. (2) Any acquisition carried out pursuant to this subdivision shall include relocation assistance, when appropriate. (Amended by Stats. 2001, Ch. 219, Sec. 4. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89048.5. Source version: id_ffcf3ed3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. Notwithstanding any other provision of law, the trustees shall include in the contract of conveyance of any real property sold by the California State University a statement that if it is subsequently determined that the property subject to conveyance contains a Native American burial ground, that fact shall be reported to the Legislature and the property may revert to the state if a statute is enacted requiring that reversion. (Added by Stats. 1993, Ch. 1097, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 2. Powers of the Trustees [89030 - 89049.1] SECTION 89049.1. Source version: id_ffcf3ed5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=2. Notwithstanding Article 1.5 (commencing with Section 16360) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, money received by the state from the United States for distribution by the trustees for student financial aid purposes shall not be remitted to the Federal Trust Fund, but shall only be reported to the Director of Finance for accounting purposes. (Added by Stats. 1991, Ch. 414, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 3.5. California Mathematics Diagnostic Testing Program [89070.10 - 89070.40] SECTION 89070.10. Source version: id_ffd0c579-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=3.5. It is the intent of the Legislature in enacting this chapter to establish a program which will identify skills and knowledge necessary for success at various levels of college preparatory mathematics and to ensure that each public school pupil who can benefit from this program shall have access thereto. The program shall provide timely diagnostic assessments to both teachers and pupils indicating in which areas of mathematics pupils and classes are adequately prepared and in which areas further study is necessary. (Added by Stats. 1989, Ch. 872, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 3.5. California Mathematics Diagnostic Testing Program [89070.10 - 89070.40] SECTION 89070.15. Source version: id_ffd0c57b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=3.5. The California Mathematics Diagnostic Testing Program is hereby established. The Trustees of the California State University shall administer the program and in so doing shall cooperate with the University of California, the California Community Colleges, and the State Department of Education. (Added by Stats. 1989, Ch. 872, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 3.5. California Mathematics Diagnostic Testing Program [89070.10 - 89070.40] SECTION 89070.20. Source version: id_ffd24c1d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=3.5. The trustees shall do all of the following: (a) Develop assessment materials and diagnostic services which are designed to assess pupils’ knowledge and skills in the area of mathematics and which are consistent with the Mathematics Framework for California Public Schools and the expectations of postsecondary education. (b) Make these materials and services available to mathematics faculty members of the public school system, who request them. (c) Provide opportunities for mathematics faculty of high schools operated by school districts throughout California, especially those at junior and senior high schools which have low student participation or achievement in postsecondary education, to work with postsecondary faculty to consider their pupils’ diagnostic results. (Added by Stats. 1989, Ch. 872, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 3.5. California Mathematics Diagnostic Testing Program [89070.10 - 89070.40] SECTION 89070.25. Source version: id_ffd24c1f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=3.5. In developing this system, the trustees shall ensure that the use of these assessment instruments and diagnostic services assist in all of the following: (a) Contributing to secondary school pupils’ preparation for postsecondary education. (b) Reducing the demand for remedial programs in mathematics at the postsecondary level. (c) Complementing and supplementing other assessment efforts, including, but not limited to, the California Assessment Program, and the Golden State Examination, by making available to pupils, parents, faculty, and the advisory committee careful analyses of pupils’ readiness for work in college preparatory mathematics. (d) Providing individual pupils with detailed information about their levels of preparedness in areas of mathematics needed for success in further college-preparatory or beginning level college mathematics. (e) Helping teachers and departments examine the effectiveness of existing courses in preparing pupils for further mathematics study. (f) Encouraging appropriate use of these instruments in schools with low student participation in postsecondary education. (g) Ensuring that public schools located in all areas of the state, including rural, urban, and suburban have access to program services. (h) Establishing networks between secondary and postsecondary mathematics faculty to address curricular issues, including but not limited to, mathematics prerequisites for success in college. (Added by Stats. 1989, Ch. 872, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 3.5. California Mathematics Diagnostic Testing Program [89070.10 - 89070.40] SECTION 89070.30. Source version: id_ffd24c21-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=3.5. An intersegmental advisory committee is hereby established to make recommendations to the trustees regarding the policies, organization, and operations of the California Mathematics Diagnostic Testing Program, including, but not limited to, all of the following: (a) Developing a general policy for the diagnostic assessment of secondary pupils which is directly related to the skills and knowledge needed for success in college level mathematics and which is consistent with the Mathematics Framework for California Public Schools and the expectations of postsecondary education. (b) Developing criteria for determining program direction. (c) Developing criteria for program evaluation which shall include, but shall not be limited to, determining whether there is an increase in the number of students taking advanced college preparatory mathematics courses, and determining whether there is an improvement in California Assessment Program, Golden State Examination, and other assessment scores. (d) Developing criteria for ensuring that all public schools throughout the state have access to program services, and ensuring, as a primary objective, participation by those schools with low student enrollment in postsecondary education. (e) Identifying additional resources and efforts which promote the objectives of the program. (Added by Stats. 1989, Ch. 872, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 3.5. California Mathematics Diagnostic Testing Program [89070.10 - 89070.40] SECTION 89070.35. Source version: id_ffd24c23-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=3.5. (a) The intersegmental advisory committee shall consist of the following members: (1) Two members, one of whom shall be a mathematics faculty member, appointed by each of the following: (A) The Chancellor of the California State University. (B) The President of the University of California, if he or she chooses to serve as a member. (C) The Chancellor of the California Community Colleges. (D) The Superintendent of Public Instruction. (2) One member appointed by each of the following: (A) The Chair of the Association of Independent California Colleges and Universities. (B) The Director of the California Postsecondary Education Commission. (C) The Chair of the California Academic Partnership Program Advisory Committee. (D) The Director of the California Mathematics Project. (b) The intersegmental advisory committee may recommend that the trustees increase its size by the appointment of public, corporate, or other members. (Added by Stats. 1989, Ch. 872, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 3.5. California Mathematics Diagnostic Testing Program [89070.10 - 89070.40] SECTION 89070.40. Source version: id_ffd3d2c5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=3.5. The Trustees of the California State University shall work with the University of California, the California Postsecondary Education Commission, and the advisory committee to develop a comprehensive program evaluation. This evaluation shall be conducted in 1993, and every three years thereafter to determine the success of the program. (Added by Stats. 1989, Ch. 872, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 4. Academic Year Operations [89080 - 89084] SECTION 89080. Source version: id_ffd3d2c9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=4. It is the intent of the Legislature, while maintaining the maximum utilization of funds provided for the support of public higher education, to provide increased access to higher education for all residents of this state, to permit maximum use of existing facilities and academic resources of the California State University campuses, to provide for the orderly growth and expansion of the state’s system of higher education, and to allow for effective long-range planning to meet the needs of the institutions of higher education while maintaining the quality of that education. Thus, it is the intent of the Legislature to establish year-round operations at the California State University where practical. (Amended by Stats. 1983, Ch. 143, Sec. 110.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 4. Academic Year Operations [89080 - 89084] SECTION 89084. Source version: id_ffd3d2cb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=4. Any campus of the California State University which operated on a year-round basis on November 23, 1970, shall continue to operate on that basis. (Amended by Stats. 1983, Ch. 143, Sec. 112.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 1. General Provisions [89000 - 89090] ARTICLE 5. Alumni [89090- 89090.] SECTION 89090. Source version: id_2b958f96-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=1.&article=5. (a) The trustees, alumni associations, and auxiliary organizations may distribute the names, addresses, and email addresses of alumni of the California State University to a business as described in subdivision (b), in order to accomplish any or all of the following: (1) To provide those persons with informational materials relating to the university and its programs and activities. (2) To provide those persons, the trustees, the alumni associations, and the auxiliary organizations with commercial opportunities that provide a benefit to those persons, or to the trustees, alumni associations, or auxiliary organizations. (3) To promote and support the educational mission of the university, the trustees, the alumni associations, or the auxiliary organizations. (b) The disclosures authorized in subdivision (a) shall be permitted only if all of the following requirements are met: (1) (A) The trustees, the alumni associations, or the auxiliary organizations have a written agreement with a business, as defined in subdivision (a) of Section 1798.80 of the Civil Code, that maintains control over this data that requires the business to maintain the confidentiality of the names, addresses, and email addresses of the alumni, that requires that the California State University retain the right to approve or reject any purpose for which the private information is to be used by the business, and to review and approve the text of mailings sent to alumni pursuant to this section, and that prohibits the business from using the information for purposes other than those described in subdivision (a). The text of a mailing intended to be sent to alumni pursuant to this section shall not be approved by the trustees, the affected alumni association, or the affected auxiliary organization unless and until the mailing conspicuously identifies the university, the alumni association, or the auxiliary organization as associated with the business described in the mailing. (B) If an affinity partner, as defined in Section 4054.6 of the Financial Code, sends any message to an email address obtained pursuant to this section, that message shall include at least both of the following: (i) The identity of the sender of the message. (ii) A cost-free means for the recipient to notify the sender not to electronically transmit any further message to the recipient. (2) The trustees, an alumni association, or an auxiliary organization shall not disclose to, or share alumni nonpublic personal information with, a business, as defined in paragraph (1), unless the institution, association, or organization has clearly and conspicuously notified the alumnus, pursuant to subdivision (c), that the nonpublic personal information may be disclosed to the business and that the alumnus has not directed that the nonpublic personal information not be disclosed. (3) The disclosure of alumni names, addresses, and email addresses does not include the names, addresses, and email addresses of alumni who, pursuant to subdivision (c) or in another manner, have directed the trustees, an alumni association, or an auxiliary organization not to disclose their names, addresses, or email addresses. (4) Information regarding either of the following is not disclosed: (A) The current students of the California State University. (B) An alumnus who, as a student at a campus of the California State University, indicated that, pursuant to the federal Family Educational Rights and Privacy Act (Public Law 93-380), he or she did not wish his or her name, address, and email address to be disclosed. (c) (1) The trustees, the affected alumni association, or the affected auxiliary organization shall satisfy the notice requirements of subdivision (b) if it uses the form set forth in paragraph (2). The form set forth in this subdivision or a form that complies with subparagraphs (A) to (J), inclusive, shall be provided by the trustees, the alumni association, or the auxiliary organization to the alumnus as required in this subdivision, and shall describe the nature of the information the alumnus would receive should the alumnus choose not to opt out, so that the alumnus may make a decision and provide direction to the trustees, the alumni association, or the auxiliary organization regarding the sharing of his or her name, address, and email address: (A) The form uses the title “IMPORTANT PRIVACY CHOICE” and the header, if applicable, as follows: “Restrict Information Sharing With Affinity Partners.” (B) The titles and headers in the form are clearly and conspicuously displayed, and no text in the form is smaller than 10-point type. (C) The form may be provided as a separate document, incorporated into another communication piece intended for the target audience, or provided through a link to the form located on the Internet Web site of the trustees, the affected alumni association, or the affected auxiliary organization. If the form is provided through a link to an Internet Web page, it shall be accompanied by the title “IMPORTANT PRIVACY CHOICE” and a clear and concise description of the choice that can be made by accessing the form. This requirement may be met by using text materially similar to the first paragraph of the form set forth in paragraph (2). (D) The choice or choices provided in the form are stated separately, and may be selected by checking a box. (E) The form is designed to call attention to the nature and significance of the information in the document. (F) The form presents information in clear and concise sentences, paragraphs, and sections. (G) The form uses short explanatory sentences of an average of 15 to 20 words, or bullet lists whenever possible. (H) The form avoids multiple negatives, legal terminology, and highly technical terminology whenever possible. (I) The form avoids explanations that are imprecise and readily subject to different interpretations. (J) The form is not more than one page. (2) The form reads as follows: IMPORTANT PRIVACY CHOICE You have the right to control whether we share your name, address, and email address with our affinity partners (companies that we partner with to offer products or services to our alumni). Please read the following information carefully before you make your choice below: Your Rights You have the following rights to restrict the sharing of your name, address, and email address with our affinity partners. This form does not prohibit us from sharing your information when we are required to do so by law. This includes sending you information about the alumni association, the university, or other products or services. Your Choice Restrict Information Sharing With Affinity Partners: Unless you say “NO,” we may share your name, address, and email address with our affinity partners. Our affinity partners may send you offers to purchase various products or services that we may have agreed they can offer in partnership with us. ( ) NO, please do not share my name, address, and email address with your affinity partners. Time Sensitive Reply You may decide at any time that you do not want us to share your information with our affinity partners. Your choice marked here will remain unless you state otherwise. However, if we do not hear from you, we may share your name, address, and email address with our affinity partners. If you decide that you do not want to receive information from our partners, you may do one of the following: (1) Call this toll-free telephone number: (xxx-xxx-xxxx). (2) Reply electronically by contacting us through the following Internet option: xxxxxxxxxxxx.com. (3) Fill out, sign, and send back this form to us at the following address (you may want to make a copy for your records). Xxxxxxxxxxxxxxxxx Xxxxxxxxxxxxxxxxx Xxxxxxxxxxxxxxxxx Name: Address: Signature: (3) (A) The trustees, the affected alumni association, or the affected auxiliary organization shall not be in violation of this subdivision solely because they include in the form one or more brief examples or explanations of the purpose or purposes for which, or the context within which, names, addresses, and email addresses will be shared, as long as those examples meet the clarity and readability standards set forth in paragraph (1). (B) (i) The solicitation to students, upon their graduation, from the trustees or the alumni association, encouraging students to join the alumni association or to avail themselves of the services or benefits of the association, shall include the form. (ii) The alumni association magazine or newsletter, or both, shall include the form on an annual or more frequent basis. (iii) The Internet Web site for the alumni association shall include a link to the form, which shall be located on either the homepage of the association’s Internet Web site or in the association’s privacy policy. (iv) A one-time mailing to all alumni on the university mailing list as of January 1, 2006, shall include the form. (v) An annual electronic communication to those alumni for whom email addresses are available shall include the form. (4) The trustees, the affected alumni associations, or the affected auxiliary organizations shall provide at least two alternative cost-free means for alumni to communicate their privacy choices, such as calling a toll-free telephone number or using electronic means. The trustees, the alumni association, or the auxiliary organization shall clearly and conspicuously disclose in the form required by this subdivision the information necessary to direct the alumnus on how to communicate his or her choice, including the toll-free telephone or facsimile number or Internet Web site address that may be used, if those means of communication are offered. (5) (A) An alumnus may direct at any time that his or her name, address, and email address not be disclosed. The trustees, the affected alumni association, or the affected auxiliary organization shall comply with the direction of an alumnus concerning the sharing of his or her name, address, and email address within 45 days of receipt by the trustees, the alumni association, or the auxiliary organization. When an alumnus directs that his or her name, address, and email address not be disclosed, that direction is in effect until otherwise stated by the alumnus. (B) This subdivision does not prohibit the disclosure of the name, address, and email address of an alumnus as allowed by other applicable state laws. (6) The trustees, or the affected alumni association or the affected auxiliary organization, may provide a joint notice from the trustees or from one or more alumni associations, as identified in the notice, so long as the notice is accurate with respect to the trustees and the alumni association or associations or auxiliary organization or organizations participating in the joint notice. (d) As used in this section, “auxiliary organization” has the same meaning as set forth in Section 89901. (e) This section shall not be construed to authorize the release of any social security numbers. (Amended by Stats. 2016, Ch. 86, Sec. 76. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 10. Specific Provisions Relating to Particular Campuses [90400 - 90407] ARTICLE 1. California State Polytechnic University and California Polytechnic State University [90400 - 90407] SECTION 90400. Source version: id_00529fbf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=10.&article=1. (a) The California Polytechnic State University included within the California State University is comprised of a campus or complex of buildings, facilities, and land situated within the County of San Luis Obispo. (b) The California State Polytechnic University included within the California State University is comprised of a campus or complex of buildings, facilities, and land situated within the County of Los Angeles and within or near the City of Pomona and the City of San Dimas. (Amended by Stats. 1983, Ch. 143, Sec. 168.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 10. Specific Provisions Relating to Particular Campuses [90400 - 90407] ARTICLE 1. California State Polytechnic University and California Polytechnic State University [90400 - 90407] SECTION 90401. Source version: id_00542661-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=10.&article=1. The trustees may provide for the establishment of a separate California State Polytechnic University at the campus or complex situated in the County of Los Angeles, more particularly described in subdivision (b) of Section 90400, and may execute any necessary agreements and receive, on behalf of the state, any property or interest in property which may be conveyed to the state in connection therewith or for any purposes of this section. From and after the date upon which final action for the establishment of such separate university has been taken by the trustees, there shall be, within the California State University, two separate California state polytechnic universities, comprised of the respective campuses or complexes described in Section 90400. The provisions of Section 89067, the provisions of Sections 90404 to 90406, inclusive, and any provisions of law limited in applicability specifically to the California State Polytechnic University, unless otherwise therein specified, shall be deemed applicable to either or both of such California state polytechnic universities. (Amended by Stats. 1983, Ch. 143, Sec. 169.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 10. Specific Provisions Relating to Particular Campuses [90400 - 90407] ARTICLE 1. California State Polytechnic University and California Polytechnic State University [90400 - 90407] SECTION 90402. Source version: id_00542663-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=10.&article=1. It is the intent and purpose of the Legislature, in authorizing the establishment of the separate California State Polytechnic University in the County of Los Angeles at the campus or complex described in subdivision (b) of Section 90400, that the educational program there provided continue to be conducted in accordance with the essential aims and policies expressed in Section 90404, and in that certain grant deed dated November 22, 1949, as amended or modified by subsequent agreements and conveyances, whereby the W. K. Kellogg Foundation, a Michigan corporation, has granted to the State of California, for the use and benefit of the California State Polytechnic University, certain real property situated in the County of Los Angeles, which will form a part of such separate California State Polytechnic University. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 10. Specific Provisions Relating to Particular Campuses [90400 - 90407] ARTICLE 1. California State Polytechnic University and California Polytechnic State University [90400 - 90407] SECTION 90404. Source version: id_00542665-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=10.&article=1. In addition to the functions set forth in subdivision (b) of Section 66010.4, the California State Polytechnic University and the California Polytechnic State University shall be authorized to emphasize the applied fields of agriculture, engineering, business, home economics and other occupational and professional fields. This article shall be liberally construed. (Amended by Stats. 2003, Ch. 187, Sec. 4. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 10. Specific Provisions Relating to Particular Campuses [90400 - 90407] ARTICLE 1. California State Polytechnic University and California Polytechnic State University [90400 - 90407] SECTION 90405. Source version: id_00542667-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=10.&article=1. The California State Polytechnic University and the California Polytechnic State University Agricultural Project Revolving Fund in the sum of ten thousand dollars ($10,000) is continued in existence. The fund shall be used for loans to needy and deserving students for the purchase of livestock, poultry, seed, feed, and such other materials as are necessary for the conducting of projects by students under supervision of instructors in the school. All sums borrowed shall be returned to the revolving fund as soon as projects are completed. (Amended by Stats. 1977, Ch. 579.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 10. Specific Provisions Relating to Particular Campuses [90400 - 90407] ARTICLE 1. California State Polytechnic University and California Polytechnic State University [90400 - 90407] SECTION 90406. Source version: id_00542669-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=10.&article=1. The trustees, with the consent of the Director of Finance, may sell or trade such of the property belonging to the state and used for the California State Polytechnic University or the California Polytechnic State University as may in the judgment of the trustees be disposed of advantageously. The proceeds of the sale shall be used for the purchase of such other land for the use of the California State Polytechnic University or the California Polytechnic State University as the trustees and the Director of Finance may deem necessary. (Amended by Stats. 1977, Ch. 579.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 10. Specific Provisions Relating to Particular Campuses [90400 - 90407] ARTICLE 1. California State Polytechnic University and California Polytechnic State University [90400 - 90407] SECTION 90407. Source version: id_0054266b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=10.&article=1. (a) Commencing July 1, 1992, the trustees shall succeed to the powers, duties, and functions of the Department of Food and Agriculture with respect to a Dairy Products Technology Center at California Polytechnic State University, San Luis Obispo, which was authorized by Section 2 of Chapter 1514 of the Statutes of 1986. (b) No funds appropriated by any act from the General Fund for expenditure during any fiscal year on behalf of the Dairy Products Technology Center may be encumbered unless and until the trustees determine that at least two hundred thousand dollars ($200,000), or an amount equal to the General Fund appropriation, whichever is greater, has been received from nonstate sources by California Polytechnic State University, San Luis Obispo, for the operation of the Dairy Products Technology Center for that fiscal year. (Added by Stats. 1991, Ch. 127, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 11. Miscellaneous [90520- 90520.] ARTICLE 3. State Police Services [90520- 90520.] SECTION 90520. Source version: id_005733b9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=11.&article=3. The trustees shall not be charged or otherwise assessed for Department of the California Highway Patrol services to the chancellor’s office or any state facility under the control of the chancellor’s office, except for those patrol services requested by the trustees. (Amended by Stats. 1996, Ch. 305, Sec. 4. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 1. Noncommercial Television [89200- 89200.] SECTION 89200. Source version: id_ffd55971-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=1. The trustees, on behalf of any campus of the California State University, may enter into contracts for the purpose of participating in, or the procuring or transmitting of, television broadcasts, may purchase broadcast time over, and may own, lease, and operate, television transmitting facilities for use in providing educational, noncommercial television broadcasts, and may provide necessary services in connection therewith. (Amended by Stats. 1983, Ch. 143, Sec. 113.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 10. Expenditures for Undergraduate and Graduate Instruction and Research Activities [89290 - 89291] SECTION 89290. Source version: id_efd3a800-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=10. (a) The California State University shall report biennially to the Legislature and the Department of Finance, on or before October 1, 2014, and on or before October 1 of each even-numbered year thereafter, on the total costs of education at the California State University. (b) The report prepared under this section shall identify the costs of undergraduate education, graduate academic education, graduate professional education, and research activities. All four categories listed in this subdivision shall be reported in total and disaggregated separately by health sciences disciplines, disciplines included in paragraph (16) of subdivision (b) of Section 89295, and all other disciplines. The university shall also separately report on the cost of education for postbaccalaureate teacher education programs. For purposes of this report, research for which a student earns credit toward his or her degree program shall be identified as undergraduate education or graduate education, as appropriate. (c) The costs shall also be reported by fund source, including all of the following: (1) State General Fund. (2) Systemwide tuition and fees. (3) Nonresident tuition and fees and other student fees. (d) For any report submitted under this section before January 1, 2017, the costs shall, at a minimum, be reported on a systemwide basis. For any report submitted under this section on or after January 1, 2017, the costs shall be reported on both a systemwide and campus-by-campus basis. (e) A report prepared under this section on or after January 1, 2017, shall include information on costs, disaggregated by campus, based on the methodology developed by the National Association of College and University Business Officers in its February 2002 report, Explaining College Costs, and other methodologies determined by the university. (f) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (g) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report under this section shall be inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2016, Ch. 24, Sec. 24. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 10. Expenditures for Undergraduate and Graduate Instruction and Research Activities [89290 - 89291] SECTION 89291. Source version: id_a3451a91-fcc2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=10. The Office of the Chancellor of the California State University shall prepare a systemwide report that includes a summary of current hiring practices for all California State University positions, including executive, management, faculty, and nonfaculty support staff positions. The systemwide report shall compare hiring practices at the California State University to the best practices for hiring persons to similar positions at the University of California and the California Community Colleges. The chancellor’s office shall submit the systemwide report to the relevant fiscal and policy committees of the Legislature, pursuant to Section 9795 of the Government Code, and the Department of Finance on or before March 31, 2019, and on or before March 31 of each academic year thereafter. (Added by Stats. 2018, Ch. 542, Sec. 1. (AB 2505) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 10.5. Reporting of Performance Measures [89295- 89295.] SECTION 89295. Source version: id_12e79647-61a3-11e7-8adc-8aa4aa845353 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=10.5. (a) For purposes of this section, the following terms are defined as follows: (1) The “four-year graduation rate” means the percentage of a cohort of undergraduate students who entered the university as freshmen at any campus and graduated from any campus within four years. (2) The “six-year graduation rate” means the percentage of a cohort of undergraduate students who entered the university as freshmen at any campus and graduated from any campus within six years. (3) The “two-year transfer graduation rate” means the percentage of a cohort of undergraduate students who entered the university at any campus as junior-level transfer students from the California Community Colleges and graduated from any campus within two years. (4) The “three-year transfer graduation rate” means the percentage of a cohort of undergraduate students who entered the university at any campus as junior-level transfer students from the California Community Colleges and graduated from any campus within three years. (5) The “four-year transfer graduation rate” means the percentage of a cohort of undergraduate students who entered the university at any campus as junior-level transfer students from the California Community Colleges and graduated from any campus within four years. (6) “Low-income student” means an undergraduate student who has an expected family contribution, as defined in subdivision (g) of Section 69432.7, at any time during the student’s matriculation at the institution that would qualify the student to receive a federal Pell Grant. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the Student Aid Commission to be equivalent to the FAFSA application submitted by that applicant. (b) Commencing with the 2013–14 academic year, the California State University shall report, by March 15 of each year, on the following performance measures for the preceding academic year, to inform budget and policy decisions and promote the effective and efficient use of available resources: (1) The number of California Community College transfer students enrolled and the percentage of California Community College transfer students as a proportion of the total number of undergraduate students enrolled. (2) The number of new California Community College transfer students enrolled and the percentage of new California Community College transfer students as a proportion of the total number of new undergraduate students enrolled. (3) The number of low-income students enrolled and the percentage of low-income students as a proportion of the total number of undergraduate students enrolled. (4) The number of new low-income students enrolled and the percentage of new low-income students as a proportion of the total number of new undergraduate students enrolled. (5) The four-year graduation rate for students who entered the university four years prior and, separately, for low-income students in that cohort. (6) The four-year and six-year graduation rates for students who entered the university six years prior and, separately, for low-income students in that cohort. (7) The two-year transfer graduation rate for students who entered the university two years prior and, separately, for low-income students in that cohort. (8) The two-year and three-year transfer graduation rates for students who entered the university three years prior and, separately, for low-income students in that cohort. (9) The two-year, three-year, and four-year transfer graduation rates for students who entered the university four years prior and, separately, for low-income students in that cohort. (10) The number of degree completions annually, in total and for the following categories: (A) Freshman entrants. (B) California Community College transfer students. (C) Graduate students. (D) Low-income students. (11) The percentage of freshman entrants who have earned sufficient course credits by the end of their first year of enrollment to indicate that they will graduate within four years. (12) The percentage of California Community College transfer students who have earned sufficient course credits by the end of their first year of enrollment to indicate that they will graduate within two years. (13) For all students, the total amount of funds received from all sources identified in subdivision (c) of Section 89290 for the year, divided by the number of degrees awarded that same year. (14) For undergraduate students, the total amount of funds received from all sources identified in subdivision (c) of Section 89290 for the year expended for undergraduate education, divided by the number of undergraduate degrees awarded that same year. (15) The average number of California State University course credits and the total course credits, including credits accrued at other institutions, accumulated by all undergraduate students who graduated, and separately for freshman entrants and California Community College transfer students. (16) (A) The number of degree completions in science, technology, engineering, and mathematics (STEM) fields, in total, and separately for undergraduate students, graduate students, and low-income students. (B) For purposes of subparagraph (A), “STEM fields” include, but are not necessarily limited to, all of the following: computer and information sciences, engineering and engineering technologies, biological and biomedical sciences, mathematics and statistics, physical sciences, and science technologies. (c) Commencing with the 2017–18 academic year, the California State University shall include in the report described in subdivision (b) goals for the three academic years immediately following the academic year of the report for each of the performance measures listed under that subdivision. (d) It is the intent of the Legislature that the appropriate policy and fiscal committees of the Legislature review these performance measures in a collaborative process with the Department of Finance, the Legislative Analyst’s Office, individuals with expertise in statewide accountability efforts, the University of California, the California State University, and, for purposes of data integrity and consistency, the California Community Colleges, and consider any recommendations for their modification and refinement. It is further the intent of the Legislature that any modification or refinement of these measures be guided by the legislative intent expressed in Section 66010.93. (Amended by Stats. 2017, Ch. 23, Sec. 16. (SB 85) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 11. Asian American, Native Hawaiian, and Pacific Islander Student Achievement Program [89297 - 89297.1] SECTION 89297. Source version: id_1540bf0b-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=11. As used in this article, unless the context requires otherwise, the following definitions apply: (a) “AANHPI” means Asian American, Native Hawaiian, and Pacific Islander. (b) “Program” means the AANHPI Student Achievement Program established pursuant to this article. (Added by Stats. 2022, Ch. 54, Sec. 42. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 11. Asian American, Native Hawaiian, and Pacific Islander Student Achievement Program [89297 - 89297.1] SECTION 89297.1. Source version: id_1b3aef09-4028-11ed-8f71-c32817f2403f Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=11. (a) (1) The Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Student Achievement Program is hereby established at the California State University to provide culturally responsive services to enhance student educational experiences and promote higher education success for low-income, underserved, and first-generation AANHPI students and other underrepresented students. (2) It is the intent of the Legislature that this program be coordinated with the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Student Achievement Program established at the California Community Colleges pursuant to Article 10 (commencing with Section 79510) of Chapter 9 of Part 48 of Division 7. (b) (1) Of the amount appropriated in the annual Budget Act for the program, up to 19 percent shall support a statewide central office at a California State University campus selected by the office of the Chancellor of the California State University, in consultation with the California Commission on Asian and Pacific Islander American Affairs. (2) The statewide central office shall employ at least the following full-time staff: (A) One director. (B) One program coordinator. (C) One program analyst. (3) The statewide central office, in consultation with the California Commission on Asian and Pacific Islander Affairs, shall develop the criteria and process for a grant program to provide funding to qualifying California State University campuses, pursuant to subdivision (c). (4) The statewide central office, in consultation with the office of Chancellor of the California State University and the California Commission on Asian and Pacific Islander American Affairs, shall establish an AANHPI stakeholder process for purposes of the program to facilitate the statewide central office’s ability to meet the needs of the community, including students and California State University campuses. Stakeholders shall include higher education practitioners and students. (5) The statewide central office shall provide support to qualifying campuses, including, but not limited to, technical assistance, outreach, statewide and regional trainings, curriculum development, and capacity building. (6) The statewide central office shall provide an annual report to the office of the Chancellor of the California State University pursuant to subdivision (d). (7) The statewide central office shall fund an independent evaluation of the program pursuant to subdivision (e). (c) (1) Of the amount appropriated in the annual Budget Act for the program, at least 81 percent shall be provided to California State University campuses with the following qualifications: (A) The campus is eligible for the Asian American and Native American Pacific Islander-Serving Institution program authorized under the federal Higher Education Act (20 U.S.C. Sec. 1059g). (B) The campus has experience providing student support services to AANHPI students and other underserved students. (C) The campus has program staff that will coordinate with campus faculty and staff to effectively deliver support services to AANHPI students. (2) Participating campuses shall provide all of the following services: (A) Culturally responsive learning communities. (B) Advising and counseling services. (C) Mental health counseling and awareness services. (D) Career development, career readiness, and employment services. (E) Supplemental instruction and tutoring, such as English language development and support. (F) Asian American, Pacific Islander studies courses and curriculum development. (G) Leadership development, internships, and mentorships. (d) On or before March 31, of each year, the California State University shall submit a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature. The report shall be prepared by the statewide central office. The report shall include, but is not limited to, all of the following: (1) The amount of funding allocated to each participating campus. (2) A description of the services provided by each participating campus. (3) The number of students served by each participating campus. (4) The number of low-income, underserved, and first-generation AANHPI students served. (5) The number of students served who meet any of, or any combination of, the following: (A) Completed certifications. (B) Attained baccalaureate degrees. (C) Transferred. (D) Obtained a job upon completion. (e) On or before March 31, 2026, the California State University shall submit a report evaluating the program to the Department of Finance and the appropriate fiscal and policy committees of the Legislature. The report shall be prepared by an independent evaluator selected by the office of the Chancellor of the California State University. The report shall include an assessment of the impact of the program, including a comparison of the impact of the program relative to other support strategies implemented by each participating campus for the same or similar student groups. (Amended by Stats. 2022, Ch. 572, Sec. 17. (AB 190) Effective September 27, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 2. Laboratory Classes for Exceptional Children [89210 - 89212] SECTION 89210. Source version: id_ffd55975-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=2. It is the intent and purpose of the Legislature in providing for the establishment at or in conjunction with individual state universities, under this article, of laboratory classes for exceptional children, to accomplish the following general aims: (a) Improve programs presently offered within the California State University system for the training of teachers in the education of exceptional children, and afford prospective teachers with direct experience with typical exceptional children. (b) Provide facilities and workshops where needed systematic continuing research in the development of methods, means, and techniques in teaching of exceptional children shall be conducted. (c) Accelerate the recruitment and training of prospective teachers of exceptional children and provide in-service training for credentialed teachers to improve their skills. (d) Provide a combined and comprehensive university level program of research and teacher training to meet the needs of exceptional children which will serve to attract and effectively utilize available public and private funds and grants. (e) Provide for increased and improved special educational services for exceptional children through cooperation and coordination with local school districts and county offices. (Amended by Stats. 1983, Ch. 143, Sec. 114.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 2. Laboratory Classes for Exceptional Children [89210 - 89212] SECTION 89212. Source version: id_ffd6e017-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=2. The trustees are authorized to accept and devote to the financial support of any of the laboratory classes for exceptional children maintained in conjunction with any state university or college, any federal funds and any other public or private funds which may be allotted or granted for such purposes, and shall have the power to take all measures necessary to effect compliance with the terms and conditions under which such an allotment or grant may be made. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 3. Vocational Teachers [89220 - 89223] SECTION 89220. Source version: id_ffd866bb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=3. There is hereby continued in existence a board of examiners for vocational teachers. The board shall consist of the Commission for Vocational Education, as created and established by the State Board of Education and two other members, selected by the trustees who are presidents of state colleges and who shall hold office at the pleasure of the trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 3. Vocational Teachers [89220 - 89223] SECTION 89221. Source version: id_ffd866bd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=3. The board shall set up an examination or shall evaluate the qualifications of vocational teachers desirous of qualifying for the baccalaureate degree. The evaluation shall be based upon the education, completion of approved vocational teacher training, occupational experience, supervisory experience, and managerial experience of the candidate. The board is authorized to recommend to state colleges the number of units to be allowed towards a baccalaureate degree, but shall not recommend that a candidate be granted more than 40 units for occupational experience, supervisory experience and managerial experience. The evaluation shall be at the discretion of the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 3. Vocational Teachers [89220 - 89223] SECTION 89222. Source version: id_ffd866bf-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=3. On the basis of the examination and an evaluation of the candidate’s experience and other qualifications made by the board, the board shall recommend the granting of a baccalaureate degree in vocational arts by the California State University. (Amended by Stats. 1983, Ch. 143, Sec. 116.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 3. Vocational Teachers [89220 - 89223] SECTION 89223. Source version: id_ffd866c1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=3. Any candidate for a baccalaureate degree shall be a high school graduate, shall have had not less than seven years actual experience in the trade or occupation in which he desires to qualify, and shall have had a minimum of 1,620 hours teaching experience in an approved vocational class, or 1,000 hours teaching experience in an approved trade extension class. In lieu of the educational qualifications, the board may evaluate and make recommendations concerning such other qualifications as it deems applicable for persons lacking the formal educational qualifications. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 3.5. Online Education [89225 - 89226] SECTION 89225. Source version: id_f4332319-fcf1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=3.5. For purposes of measuring the effectiveness of online education as a tool in systemwide efforts toward degree or certificate completion, the trustees shall establish a series of uniform definitions for online education. The definitions developed by the trustees under this section shall, at a minimum, include a systemwide definition for an online course where the course can be entirely completed remotely. (Amended by Stats. 2018, Ch. 524, Sec. 3. (AB 1062) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 3.5. Online Education [89225 - 89226] SECTION 89226. Source version: id_23b3c81b-fcf2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=3.5. (a) On or before January 15, 2019, and on or before January 15 every two years thereafter, the trustees shall report to the Legislature key performance data on state-supported online courses as defined in Section 89225, including, but not necessarily limited to, all of the following: (1) The number of students enrolled at each campus. (2) Course completion rates for courses other than online courses. (3) Completion rates for degree programs that include no online courses. (4) Grade point average for students enrolled in online courses. (5) The number of students (full-time equivalent and headcount) cross-enrolled in online courses at a California State University campus other than the campus at which they are matriculated. (6) Course completion rates for students enrolled in online courses. (7) Completion rates for degree programs that include online courses. (8) Student enrollment (full-time equivalent and headcount) in all state-supported online courses, disaggregated by undergraduate and graduate students, as well as by campus. (9) Cross-campus online enrollment (full-time equivalent) by host campus. (10) Successful course completion rates in cross-campus online courses. (11) Courses completed by cross-enrolled online students, specifying the type of academic credit they received, including lower division, upper division, or graduate level. (b) Student enrollment and completion rate data included in a report to be submitted pursuant to this section shall be made available by demographics, including age, gender, and ethnicity. (c) (1) The requirement for submitting a report imposed under subdivision (a) is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code. (2) The report prepared pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2018, Ch. 524, Sec. 4. (AB 1062) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 4. Instructionally Related Activities [89230- 89230.] SECTION 89230. Source version: id_ffd9ed65-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=4. “Instructionally related activities” means those activities and laboratory experiences that are at least partially sponsored by an academic discipline or department and that are, in the judgment of the president of a particular campus, with the approval of the trustees, integrally related to its formal instructional offerings. Activities that are considered to be essential to a quality educational program and an important instructional experience for any student enrolled in the respective program may be considered instructionally related activities. Instructionally related activities include, but are not limited to, all of the following: (a) Intercollegiate athletics: costs that are necessary for a basic competitive program including equipment and supplies and scheduled travel, not provided by the state. Athletic grants should not be included. (b) Radio, television, film: costs related to the provisions of basic “hands-on” experience not provided by the state. Purchase or rental of films as instructional aids shall not be included. (c) Music and dance performance: costs to provide experience in individual and group performance, including recitals, before audiences and in settings sufficiently varied to familiarize students with the performance facet of the field. (d) Theatre and musical productions: basic support of theatrical and operatic activities sufficient to permit experience not only in actual performance, but in production, direction, set design, and other elements considered a part of professional training in these fields. (e) Art exhibits: support for student art shows given in connection with degree programs. (f) Publications: the costs to support and operate basic publication programs including a periodic newspaper and other laboratory experience basic to journalism and literary training. Additional publications designed primarily to inform or entertain shall not be included. (g) Forensics: activities designed to provide experience in debate, public speaking, and related programs, including travel required for a competitive debate program. (h) Other activities: activities associated with other instructional areas that are consistent with purposes included in the above may be added as they are identified. Pursuant to this section and other provisions of this code, the Chancellor of the California State University shall develop a program of fiscal support and shall consult with the California State Student Association, the Academic Senate, and the Chancellor’s Council of Presidents regarding the program. This section shall not become operative unless funds are appropriated to meet the instructionally related needs of the campuses of the California State University. (Amended by Stats. 2001, Ch. 734, Sec. 69. Effective October 11, 2001. Section is conditionally operative by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 5. Athletic Programs [89240 - 89241] SECTION 89240. Source version: id_ffd9ed69-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=5. It is the intent of the Legislature that opportunities for participation in athletics be provided on as nearly an equal basis to male and female students as is practicable, and that comparable incentives and encouragements be offered to females to engage in athletics. It is the further intent of the Legislature that females be given the same opportunity to participate in athletics and compete with other females in individual and team athletics as is available to males who participate with other males in individual and team athletics. (Enacted by Stats, 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 5. Athletic Programs [89240 - 89241] SECTION 89241. Source version: id_9f8c7a18-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=5. (a) This section shall be known and may be cited as the California Student Athlete Fair Opportunity Act of 2005. (b) It is the intent of the Legislature to ensure that the Trustees of the California State University provide appropriate academic support services for student athletes and that those athletes are given a fair opportunity to earn a baccalaureate degree. (c) The trustees shall ensure, through executive order or regulation, that all California State University campuses that provide athletic scholarships for student athletes also provide summer athletic scholarships commencing with the 2006 summer term. The provision of these summer athletic scholarships shall be consistent with both of the following: (1) The requirements of Title IX of the federal Education Amendments of 1972, as amended from time to time. (2) The bylaws of the National Collegiate Athletic Association, as amended from time to time. (d) Students who are otherwise ineligible for admission to the specific campus of the California State University, but who are admitted under policies that permit those students to be admitted if they have athletic ability that will contribute to the campus, shall be given first priority for summer athletic scholarship assistance. (e) (1) Summer athletic scholarships awarded pursuant to this section shall, at a minimum, be sufficient to cover the cost of tuition, fees, books, and supplies as calculated for purposes of the summer cost of attendance under the provisions of Title IV of the federal Education Act of 1965, as it is amended from time to time. (2) Nothing in this part shall be construed to limit a summer athletic scholarship awarded pursuant to this section to any amount less than that which is allowed under the bylaws of the National Collegiate Athletic Association. (3) A summer athletic scholarship awarded pursuant to this section shall be of sufficient amount and duration with regard to the number of summer sessions and the number of units covered, to provide a student athlete a fair opportunity to correct academic progress problems through attendance in a summer session. (f) A summer athletic scholarship awarded pursuant to this section may be funded through any revenue source available to, or procured by, the campuses of the California State University, including, but not necessarily limited to, gate receipts, donations from alumni and others, corporate sponsorships, associated student contributions, and campus-based student fees that may be legally used for this purpose. In accordance with subdivision (i), the California State University shall not use state General Fund moneys or state university fee revenue to fund summer athletic scholarships. The California State University shall not set aside, for the purposes of summer athletic scholarships, any institutional financial aid funds for which any financially needy students are eligible. A student athlete may only receive summer financial aid assistance if that student athlete otherwise qualifies for that assistance irrespective of his or her status as a student athlete. (g) (1) The trustees shall ensure, through executive order or regulation, that all California State University campuses that are members of the National Collegiate Athletic Association have a comprehensive plan for the academic support of student athletes. (2) The plan adopted pursuant to this subdivision shall be consistent with the requirements of Title IX of the federal Education Amendments of 1972, as amended from time to time, and the bylaws of the National Collegiate Athletic Association, as amended from time to time. This plan shall include, but not necessarily be limited to, coordination with existing academic and financial support services at the campus, evaluation of the academic needs of student athletes, a set of academic support initiatives, a financing plan for these initiatives and a fund-raising strategy for the augmentation of these initiatives, and a regular evaluation mechanism to monitor the academic progress of athletes and the effectiveness of academic support programs. (3) Services provided under this subdivision may include any of the following: (A) Additional athletic financial assistance, which covers an amount up to the cost of attendance under the provisions of Title IV of the federal Education Act of 1965, as amended from time to time, for additional periods of attendance necessary for an athlete to complete the requirements for a baccalaureate degree after the student’s period of athletic eligibility has ended. (B) Employment assistance, including work study programs. (C) Tutoring. (D) Mentoring. (E) Accommodations in the scheduling of class sections to provide a fair opportunity for student athletes to attend required courses in a manner that allows them to participate in the requirements of their sports. (h) (1) The trustees shall report to the Legislature and the Governor on or before November 1, 2006, and subsequently on or before November 1 of each odd-numbered year, commencing on November 1, 2007, regarding the status of athletic academic progress and athletic academic support in the California State University system for all campuses that are members of the National Collegiate Athletic Association. (2) If any data that are required to be reported pursuant to paragraph (3) could yield an individual identification of an athlete, or if any data or information required to be reported pursuant to paragraph (3) could be considered to be of a proprietary nature as related to the sports enterprise of the campus, those data may be forwarded under separate cover to the Governor and to the relevant policy committees of the Legislature with a request for confidentiality. (3) The report required by this subdivision shall include, but not necessarily be limited to, all of the following information: (A) A five-year history of the graduation rate and Academic Progress Rate of each team on each campus as calculated by the National Collegiate Athletic Association, to the extent these rates are available. (B) Annual admission category information for each team on each campus that indicates the number and percent of students admitted who were not eligible for regular admission to the campus or the university. (C) A summary of the academic initiatives and support programs available to the athletes at each campus. (D) If the campus participates in Division I, including any of its subparts, of the National Collegiate Athletic Association, and if any team or the athletic program overall has an Academic Progress Rate score of less than 925 for any year, a summary of the corrective action planned by the campus or athletic department as well as a report on sanctions, if any, imposed by the National Collegiate Athletic Association. (E) The total budget for the athletic programs and each team, including an itemization of the amount spent on athletic scholarships and the amount spent on summer athletic scholarships. (i) The California State University shall not encumber, for the purposes of this section, any moneys from the state General Fund or any state university fee revenue. (Amended by Stats. 2006, Ch. 538, Sec. 140. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89250. Source version: id_ffd9ed6d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. This article shall be known as the California State University Educational Opportunity Act. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89251. Source version: id_ffd9ed6f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. There is a state student assistance program known as the State University Educational Opportunity Program. It is the purpose of the program to provide educational assistance and grants for undergraduate study at the California State University to students who are economically disadvantaged or educationally and economically disadvantaged, but who display potential for success in accredited curricula offered by the California State University. For the purposes of this chapter, the following applies: (a) “Educational agency” means an agency, other than a federal agency, which is supported in whole or in part by funds appropriated for educational purposes. (b) “State agency” means every state office, officer, department, division, bureau, board, and commission. (c) “Trustees” means the Trustees of the California State University. (d) The residence of a recipient shall be determined in accordance with the rules for determining residence prescribed by Chapter 1 (commencing with Section 68000) of Part 41 and Article 1 (commencing with Section 89700) of Chapter 6 of Part 52. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89252. Source version: id_ffdb7411-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. California State University Educational Opportunity Program grants may be awarded to persons selected for enrollment in programs authorized by the trustees according to the procedures established by the trustees. A person selected for a grant shall be a resident of this state, shall be a high school graduate or have, pursuant to the procedures, equivalent qualifications, and shall have been nominated by his or her high school or community college, the Veterans Administration, a state agency or educational agency designated by the trustees, or a state university president. The trustees shall determine eligibility for grants awarded pursuant to this article. The grants may be granted and renewed according to standards set by the trustees until the student has received a baccalaureate degree or has completed five academic years, whichever occurs first. In special circumstances, as in the case of illness, military service, or family hardship, the trustees may renew the grant beyond the fifth year of study, provided the student has not received a baccalaureate degree. When the recipient is an enrollee in a special educational opportunity program approved by the trustees, for the purposes of this article, the state university sponsoring the program shall receive from the trustees reimbursement of up to sixty dollars ($60) per month per enrollee up to 12 months’ support. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89253. Source version: id_ffdb7413-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. Grants shall be provided for students who display potential for success in accredited curricula offered by the California State University, but lack the necessary funds to pay for tuition, books, and room and board, provided the students meet the standards of the state university that they are attending or the requirements for the special admissions program established by the trustees. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89254. Source version: id_ffdb7415-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. Grants awarded pursuant to this article shall be in an amount sufficient to pay the costs of a student, during his or her course of study, for tuition, books, and room and board in accordance with his or her needs as shall be determined by the trustees. No student shall be awarded a grant in excess of two thousand dollars ($2,000) per academic year. The trustees shall require that each applicant for a grant pursuant to this chapter also make prior or concurrent application for a federal basic educational opportunity grant, unless the trustees are satisfied that the applicant is not eligible for that federal grant. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89255. Source version: id_ffdb7417-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. The amount of the grant awarded pursuant to Section 89254 may be increased above the maximum amount specified in that section to the extent that the Legislature expressly makes funds available for purposes of this section in the budget for that fiscal year. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89256. Source version: id_ffdcfab9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. Each high school or community college in this state may nominate to the trustees students it deems deserving of the grants made available under this article. The trustees shall compile a list of students so nominated from which it may select students for grants in accordance with standards set by the trustees pursuant to this article. The Veterans Administration, any state agency, or educational agency designated by the trustees, or any president of a California State University may nominate persons whom they deem eligible for the grants. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89257. Source version: id_ffdcfabb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. Records of the academic progress of each student attending a campus of the California State University under a grant shall be kept by each campus of the California State University having a program and forwarded to the trustees in order that the program created by this article may be evaluated. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 6. California State University Educational Opportunity Program [89250 - 89258] SECTION 89258. Source version: id_ffdcfabd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=6. Each campus of the California State University may submit plans for a special educational opportunity program for approval by the trustees. Each program qualifying shall be authorized a program director and may be authorized as many special qualified counselors and advisers and the related operating and equipment support as is appropriate. (Added by Stats. 1995, Ch. 758, Sec. 263. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 7. Kenneth L. Maddy Institute [89260 - 89260.5] SECTION 89260. Source version: id_ffde8161-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=7. (a) The Kenneth L. Maddy Institute is hereby established as a part of California State University, Fresno, to be administered by the president of that campus, and organized as a nonprofit organization under Section 501(c)(3) of Title 26 of the United States Code. The Kenneth L. Maddy Institute shall provide training for leadership in government, and shall prepare students and elected officials for public service in the tradition established by The Honorable Kenneth L. Maddy during his more than 25 years of service to the citizens of California. (b) The Kenneth L. Maddy Institute shall operate under the name “Kenneth L. Maddy Institute” or, when appropriate, under the name “The Maddy Institute.” The Kenneth L. Maddy Institute shall operate through, and be governed by, a board of trustees pursuant to its organization under Section 501(c)(3) of Title 26 of the United States Code. The President of California State University, Fresno, shall be a member of that board of trustees. The board of trustees may establish committees, and delegate authority to those committees, as it deems appropriate. (c) An executive director shall be responsible for implementing the mission of the institute and supervising its daily operations. (Amended by Stats. 2003, Ch. 463, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 7. Kenneth L. Maddy Institute [89260 - 89260.5] SECTION 89260.3. Source version: id_ffde8163-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=7. It is the intent of the Legislature that the institute provide public leadership training in two primary areas: (a) Students nearing completion of the requirements for a bachelor of arts degree or for a master’s degree shall be eligible for internships with local, state, and federal government officials without regard to political party affiliation. The internship experience shall provide students with the opportunity to develop public leadership skills while gaining practical knowledge of the day-to-day operations of government and the political process. (b) The institute shall develop and sponsor seminars, extension courses, and symposia on topics directly related to public administration in local and state government. The institute shall serve as a nonpartisan training center to provide elected officials with practical, intensive, and convenient instruction in topics such as public finance, staff administration, budget planning, drafting of legislation, and the legislative process. The institute shall issue certificates for completion of course and program modules. (Added by Stats. 1999, Ch. 593, Sec. 1. Effective October 10, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 7. Kenneth L. Maddy Institute [89260 - 89260.5] SECTION 89260.5. Source version: id_ffde8165-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=7. Instruction at the institute shall be provided primarily by the California State University, Fresno, supplemented by frequent, in-depth discussions with active and retired appointed and elected public officials, and shall include an oral history element. It is the intent of the Legislature that the institute shall specifically seek to sponsor regular roundtable discussions among experienced elected officials on topics related to public administration, emerging public policy, and legislation in their areas of government service. (Amended by Stats. 2003, Ch. 463, Sec. 2. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 7.7. Baccalaureate Degree Nursing Programs [89267 - 89267.5] SECTION 89267. Source version: id_125ec9a8-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=7.7. It is the intent of the Legislature: (a) That, pursuant to funding to be appropriated in the Budget Act of 2007, the trustees should increase, by at least 340, the number of full-time equivalent students in baccalaureate degree nursing programs, beginning in the 2007–08 fiscal year. (b) That the trustees provide a report to the Governor and the Legislature on or before March 15, 2007, on the proposed expenditure plans to expand nursing programs to enroll an additional 340 full-time equivalent students as a result of the funds appropriated in the Budget Act of 2007. (c) To support the expansion of future baccalaureate degree nursing enrollment with annual appropriations in the State Budget Act. (d) That the funding for the baccalaureate degree enrollment expansions referenced in this section be funded within the general enrollment growth funding that is traditionally provided to the California State University during the annual state budget process. (e) To encourage the university, in providing programs under this article, to establish partnerships or collaborations with community colleges to facilitate the education of students in bachelor of the science of nursing (BSN) or entry-level master’s nursing programs. (Amended by Stats. 2007, Ch. 522, Sec. 12. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 7.7. Baccalaureate Degree Nursing Programs [89267 - 89267.5] SECTION 89267.3. Source version: id_12afcfda-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=7.7. The California State University may establish priorities for admission to baccalaureate degree nursing programs, but it shall not disqualify or prohibit any student who possesses a baccalaureate or higher degree from enrolling in, and completing, a baccalaureate degree nursing program on the sole basis of that student’s possession of the degree. (Added by Stats. 2007, Ch. 522, Sec. 13. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 7.7. Baccalaureate Degree Nursing Programs [89267 - 89267.5] SECTION 89267.5. Source version: id_3f36327e-1268-11e0-b38d-f62bd2a6a425 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=7.7. (a) As used in this section, “ADN-to-BSN student” means a person who meets all of the following qualifications: (1) The person has earned an associate degree in nursing from a California Community College from a program approved by the Board of Registered Nursing. (2) The person is licensed to work in California as a registered nurse. (3) The person is applying to the California State University to earn a bachelor of science in nursing. (b) Prior to the commencement of the 2012–13 academic year, the Chancellor of the California State University shall implement articulated nursing degree transfer pathways between the California Community Colleges and the California State University. The articulated nursing degree transfer pathways shall, at a minimum, comply with both of the following requirements: (1) A campus of the California State University shall not require an ADN-to-BSN student to complete any duplicative courses for which the content is already required by the Board of Registered Nursing for licensure or that the student has already satisfied by earning the associate degree in nursing and becoming licensed as a registered nurse. (2) A campus of the California State University shall not require an ADN-to-BSN student, who has taken a prerequisite course at a California community college to earn the associate degree in nursing, to take the same prerequisite course or same content from that prerequisite course at the university for the bachelor of science in nursing degree. (c) The Chancellor of the California State University and the Chancellor of the California Community Colleges may appoint representatives from their respective institutions to work collaboratively to provide advice and assistance on either or both of the following: (1) Implementation of the articulated nursing degree transfer pathways. (2) Identification of additional components to be included that are consistent with providing ADN-to-BSN students with a streamlined nursing degree transfer pathway consistent with the finding in subdivision (g) of Section 1 of Chapter 283 of the Statutes of 2009. (d) By March 15, 2011, the Legislative Analyst’s Office shall prepare and submit to the Legislature and the Governor a report on the status of plans to implement articulated nursing degree transfer pathways between the California Community Colleges and the California State University. This report may be part of its annual budget report to the Legislature. (Amended by Stats. 2010, Ch. 328, Sec. 59. (SB 1330) Effective January 1, 2011.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 8. Cybersecurity Regional Alliances and Multistakeholder Partnerships Pilot Program [89270- 89270.] SECTION 89270. Source version: id_93ddc031-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=8. (a) The Cybersecurity Regional Alliances and Multistakeholder Partnerships Pilot Program is hereby established in order to address the cybersecurity workforce gap by doing all of the following: (1) Stimulating cybersecurity education and workforce development by bringing together stakeholders in the cybersecurity ecosystem. (2) Aligning the cybersecurity workforce needs of employers with the education and training provided by institutions of higher education. (3) Increasing the pipeline of students pursuing cybersecurity careers. (4) Developing the cybersecurity workforce to meet industry needs within local or regional economies. (b) On or before March 1, 2023, the office of the Chancellor of the California State University shall develop an application process, selection process, and criteria for California State University campuses seeking to participate in the pilot program. Preference shall be given to California State University campuses that have or are developing regional pipeline programs in cybersecurity with the California Community Colleges. (c) The office of the Chancellor of the California State University shall select any number of campuses to participate in the pilot program. (d) Each selected California State University campus shall do all of the following: (1) Create a pilot program with goals and metrics. (2) Develop strategies and tactics for building successful regional alliances and multistakeholder partnerships. (3) Measure the impact and results of its pilot program and annually share the impact and results with the office of the Chancellor of the California State University. (e) The office of the Chancellor of the California State University shall annually report the impact and results from each selected campus’s pilot program to the Legislature, pursuant to Section 9795 of the Government Code. (f) (1) On or before July 1, 2028, the office of the Chancellor of the California State University shall submit a comprehensive report on the pilot program to the Legislature, pursuant to Section 9795 of the Government Code. The report shall include all of the following: (A) Recommendations on how to improve the pilot program. (B) Data on enrollment in the pilot program. (C) Data on how many different groups of people have been served by the pilot program. (D) Data on the number of veterans that have participated in the pilot program. (E) Recommendations on how to recruit more veterans to participate in the pilot program. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on July 1, 2032, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2023, Ch. 117, Sec. 1. (AB 569) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 9. Doctor of Nursing Practice Degree Program [89280 - 89281] SECTION 89280. Source version: id_94adc2b6-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=9. (a) Notwithstanding Section 66010.4, in order to meet specific nursing education needs in California, the California State University may establish Doctor of Nursing Practice degree programs. (b) The Doctor of Nursing Practice degree offered by the California State University shall be distinguished from the doctor of philosophy degrees in nursing offered at, or in conjunction with, the University of California. (c) Doctor of Nursing Practice degree programs offered by the California State University shall focus on the preparation of nursing faculty to teach in postsecondary nursing education programs and may also train nurses for advanced nursing practice or nurse leadership, or both. (d) Doctor of Nursing Practice degree programs established by the California State University are not exempt from any required review and approval processes. (e) Enrollments in Doctor of Nursing Practice programs shall not alter the California State University’s ratio of graduate instruction to total enrollment, and shall not diminish enrollment growth in university undergraduate programs. (f) The California State University shall provide any initial funding needed for Doctor of Nursing Practice programs authorized by this article from within existing budgets for academic programs support, without diminishing the quality of program support offered to California State University undergraduate programs. It is the intent of the Legislature that the California State University seek private donations or other nonstate funds to fund startup costs for Doctor of Nursing Practice degree programs. (Repealed and added by Stats. 2017, Ch. 702, Sec. 2. (AB 422) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 2. Education Programs [89200 - 89297.1] ARTICLE 9. Doctor of Nursing Practice Degree Program [89280 - 89281] SECTION 89281. Source version: id_94adc2b8-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=2.&article=9. The California State University shall permit students enrolled in the Doctor of Nursing Practice Degree Pilot Program established pursuant to this article, as it read on December 31, 2017, to complete their coursework on and after January 1, 2018. (Repealed and added by Stats. 2017, Ch. 702, Sec. 2. (AB 422) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1. Student Body Organizations [89300 - 89304] SECTION 89300. Source version: id_309f7fe6-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1. (a) A student body organization may be established at any state university under the supervision of the university officials for the purpose of providing essential activities closely related to, but not normally included as a part of, the regular instructional program of the university. The organization may also operate a campus store, a cafeteria, and other projects not inconsistent with the purposes of the university, and property of the university may be leased to the organization for those purposes. (b) (1) The trustees may fix fees for voluntary membership in the organization established at a state university. (2) (A) Notwithstanding any law to the contrary, if a student body organization is established at any state university, upon the favorable vote of two-thirds of the students voting in an election held for this purpose, in a manner that the trustees shall prescribe, and open to all regular students enrolled in the university, the trustees shall fix a membership fee which shall be required of all regular, limited, and special session students attending the university. No fees shall be charged to students registering solely in extension classes. (B) The trustees may approve an increase or decrease in the student body fee only after the fee increase or decrease has been approved by a majority of students voting in a referendum established for that purpose. (C) The required fee shall be subject to referendum at any time upon the presentation of a petition to the president of the university containing the signatures of 10 percent of the regularly enrolled students at the university. A successful referendum shall take effect with the beginning of the academic year following that in which the election was held. (D) Payment of membership fees pursuant to this section shall be a prerequisite to enrollment in the university, except that if sufficient funds are available, any state university student, subject to the regulations of the trustees establishing standards in that regard, may agree to work off the amount of the fee at the prevailing rate of the university for student assistants. The trustees may adopt regulations setting standards for determining which students shall be eligible to work off the amount of the fee. (c) The revenues raised pursuant to this section may, in addition to expenditures for other lawful purposes involved in the operations of the student body organization, be expended to provide for the support of governmental affairs representatives who may be attending upon the State Legislature or upon offices and agencies in the executive branch of the state government. (d) The trustees may fix a fee for voluntary membership in a statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. The trustees shall provide students either the ability to affirmatively elect to pay this fee, or a clear and unambiguous means to decline the payment of this fee, each time the fee is assessed. (Amended by Stats. 2014, Ch. 511, Sec. 3. (AB 2736) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1. Student Body Organizations [89300 - 89304] SECTION 89301. Source version: id_ffe0080d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1. Notwithstanding any provision of law to the contrary, except as provided pursuant to Section 89707.5 with respect to nonresident students who are citizens and residents of a foreign country and who are not citizens of the United States, student body organization membership fees authorized under the provisions of Section 89300 shall be collected by the officials of the campus of the California State University, together with all tuition and material and service fees, at the time of registration, except where a student loan or grant from a recognized training program or student aid program has been delayed and there is reasonable proof that the funds will be forthcoming. Exception may also be made where changes are made during the change of program period which result in a higher fee category than paid at the time of registration. All unexpended funds and money collected on behalf of, or by, student body organizations, except funds and money collected from commercial services as provided in Section 89905, shall, with the approval of an appropriate officer of the student body organization, be deposited in trust by the chief fiscal officer of the campus. The money shall, subject to the approval of the trustees, be deposited or invested in any one or more of the following ways: (a) Deposits in trust accounts of the centralized State Treasury system pursuant to Sections 16305 to 16305.7, inclusive, of the Government Code or in the California State University Trust Fund or in a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation. (b) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in this state and have their accounts insured by the Federal Savings and Loan Insurance Corporation and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by the insurance. (c) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code or investment by the Treasurer in those securities. (d) Participation in funds which are exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code and which are open exclusively to nonprofit colleges, universities, and independent schools. (e) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in this state and have their accounts insured by the National Credit Union Administration and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by such insurance. All moneys received by a state university from any agency of the state or federal government for the payment of student body organizations membership fees of students attending the state university shall be deposited or invested as provided above. (Amended by Stats. 1983, Ch. 143, Sec. 118.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1. Student Body Organizations [89300 - 89304] SECTION 89302. Source version: id_ffe0080f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1. All money collected by a campus of the California State University on behalf of a student body organization under Sections 89046, 89047, 89300, 89301, and 89750, shall be available for such purposes of the student body organization as are approved by the trustees. The chief fiscal officer of each campus of the California State University shall be custodian of these moneys and provide the necessary accounting records and controls thereof. These funds may be expended by the custodian only upon the submission of an appropriate claim schedule by officers of the student body organization. The campus of the California State University shall be reimbursed by the student body organization an amount to cover the cost of the custodial and accounting services provided by the campus of the California State University in connection with these funds. Student body funds used for scholarships, grants-in-aid, stipends, loans, and similar expenditures shall conform to the regulations of the trustees. The funds shall be approved by the financial aids office before the funds are expended and shall be reflected on the student’s record kept in that office. The student’s financial aid record shall include all the funds received by the student. (Amended by Stats. 1983, Ch. 143, Sec. 119.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1. Student Body Organizations [89300 - 89304] SECTION 89303. Source version: id_ffe00811-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1. The trustees may provide for the construction of a building to serve as a student body center to be financed entirely or in part by fees required of students as authorized in Section 89304 pursuant to the provisions of the State University Revenue Bond Act of 1947. (Amended by Stats. 1985, Ch. 106, Sec. 23.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1. Student Body Organizations [89300 - 89304] SECTION 89304. Source version: id_9672ea03-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1. (a) Upon the favorable vote of two-thirds of the students voting in an election held for the purpose at a state university, in the manner the trustees shall prescribe, and open to all regular students enrolled in the state university, the trustees may establish, in addition to any other student fee the trustees are authorized to establish, a building and operating fee, not to exceed forty dollars ($40) per student per academic year, which shall be required of all students attending the state university. All unexpended funds and money collected by any state university under this section shall be available for financing, operating, and constructing a student body center. All unexpended funds collected by any state university under this section shall be deposited or invested in trust by the chief fiscal officer of that state university in any one or more of the following ways: (1) Deposits in trust accounts of the centralized state treasury system pursuant to Sections 16305 to 16305.7, inclusive, of the Government Code or in the California State University Trust Fund, or in a bank or banks whose accounts are insured by the Federal Deposit Insurance Corporation. (2) Investment certificates or withdrawable shares in state-chartered savings and loan associations and savings accounts of federal savings and loan associations, if the associations are doing business in the state and have their accounts insured by the Federal Savings and Loan Insurance Corporation. (3) Purchase of any of the securities authorized for investment by Section 16430 of the Government Code or investment by the Treasurer in those securities. (4) Participation in funds that are exempt from federal income tax pursuant to Section 501(c)(3) of Title 26 of the United States Code and that are open exclusively to nonprofit colleges, universities, and independent schools. (5) Investment certificates or withdrawable shares in federal or state credit unions, if the credit unions are doing business in the state and have their accounts insured by the National Credit Union Administration and if any money so invested or deposited is invested or deposited in certificates, shares, or accounts fully covered by that insurance. (b) All revenues received by the trustees under this section may be pledged for the acquisition, construction, and improvement of student body center projects pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8), and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. This section shall not be construed as altering or permitting a change in the pledge of student body center fee revenues established in connection with debt obligations issued before the enactment of this section and pursuant to the State University Revenue Bond Act of 1947. (c) (1) The chief fiscal officer of each state university shall be the custodian of funds collected by a state university under this section, and shall provide the necessary accounting records and controls thereof. (2) The state university shall be reimbursed from the funds collected by a state university under this section in an amount to cover the cost of the custodial and accounting services provided by the state university in connection with these funds. (d) The funds collected by a state university under this section may be expended by the custodian when an appropriate claim schedule is approved. (Amended by Stats. 2023, Ch. 188, Sec. 9. (SB 886) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89305. Source version: id_ffe18eb7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. This article shall be known, and may be cited, as the Gloria Romero Open Meetings Act of 2000. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89305.1. Source version: id_ffe18eb9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. (a) A legislative body of a student body organization shall conduct its business in public meetings. All meetings of the legislative body shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body, except as otherwise provided in this article. (b) (1) As used in this article: (A) “Legislative body” means any or all of the following: (i) The governing body of any entity formed or operating pursuant to Section 89300. (ii) The governing body of any statewide student organization that represents either the students of the California State University or the governing bodies of the student body organizations of the campuses of the California State University, or both. (iii) A commission, committee, board, subboard, or other body, whether permanent or temporary, created by charter, resolution, or formal action of a legislative body described in clause (i) or (ii). However, an advisory committee is not a legislative body, except that a standing committee of a legislative body, irrespective of its composition, that has a continuing subject matter jurisdiction, or a meeting schedule established by charter, resolution, or formal action of a legislative body is a legislative body for purposes of this article. (B) “Meeting” includes any congregation of a majority of the membership of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body to which it pertains. “Meeting” does not include, and nothing in this section imposes the requirements of this article upon, any of the following: (i) Individual contacts or conversations between a member of a legislative body and any other person. (ii) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to higher education of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as a part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the legislative body. Nothing in this clause is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (iii) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body or entity created or formed by the legislative body, provided that a majority of the members do not discuss among themselves, other than as a part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body. (iv) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. (2) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. (c) (1) Notwithstanding any other provision of law, the legislative body may use teleconferencing for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall. (3) If the legislative body elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 89306 at each teleconference location. (d) Nothing in this section shall prohibit a student body organization from providing the public with additional teleconference locations. (e) No legislative body shall take action by secret ballot, whether preliminary or final. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89305.4. Source version: id_ffe18ebb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. As used in this article, “action taken” means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, report, resolution, order, or recommendation. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89305.5. Source version: id_ffe18ebd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. (a) Each legislative body shall annually establish, by resolution, bylaws, or whatever other rule is required for the conduct of business by that body, the time and locations for holding regular meetings. (b) (1) At least 72 hours before a regular meeting, the legislative body, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public. (2) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that a member of a legislative body, or a member of his or her staff, may briefly respond to statements made or questions posed by a person exercising his or her public testimony rights under Section 89306. In addition, on his or her own initiative or in response to questions posed by the public, a member of a legislative body, or a member of his or her staff, may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to the rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (c) Notwithstanding subdivision (b), the legislative body may take action on items of business that do not appear on the posted agenda, but are publicly identified under any of the following conditions: (1) Upon a determination, pursuant to Section 89306.5, by the membership of the legislative body that an emergency situation exists. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the legislative body subsequent to the agenda being posted as specified in subdivision (b). (3) The item was posted pursuant to subdivision (b) for a prior meeting of the legislative body occurring not more than five calendar days prior to the present meeting. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89305.7. Source version: id_ffe3155f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. Any person may request that a copy of the agenda, or a copy of all the documents that constitute the agenda packet, of any meeting of a legislative body be mailed to that person. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 89305.5 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and shall be renewed following January 1 of each year. The legislative body may establish a fee for mailing the agenda or agenda packet, and that fee shall not exceed the cost of providing the service. Failure of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89306. Source version: id_ffe31561-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. (a) (1) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item affecting higher education at the campus or statewide level, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (c) of Section 89305.5. (2) Notwithstanding paragraph (1), the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the respective legislative body at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee’s consideration of the item, unless the item has been substantially changed, as determined by the legislative body, since the committee heard the item. (3) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) A legislative body may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not necessarily limited to, regulations limiting the amount of time allocated for public testimony on a particular issue and for each individual speaker. (c) A legislative body shall not prohibit public criticism of anything related to the student body organization, the legislative body, or both. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89306.5. Source version: id_ffe31563-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. (a) A special meeting may be called at any time by the presiding officer of a legislative body, or by a majority of the membership of the legislative body, by providing written notice to each member of the legislative body, and to each local newspaper of general circulation and radio or television station that has requested notice of special meetings at least 24 hours prior to the meeting. The written notice shall specify the time and place of the meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. Written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, provides the clerk or the secretary of the legislative body with a waiver of written notice. Written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. (b) The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. (c) In the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of subdivision (b), or both. (d) (1) For purposes of this section, “emergency situation” means either of the following: (A) Work stoppage or other activity that severely impairs public health, safety, or both, as determined by a majority of the membership of the legislative body. (B) Crippling disaster that severely impairs public health, safety, or both, as determined by a majority of the membership of the legislative body. (2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to subdivision (a) shall be notified by the presiding officer of the legislative body, or his or her designee, one hour prior to the emergency meeting by telephone. If necessary, the presiding officer or designee shall use all of the telephone numbers provided in the most recent request of that newspaper or station for notification of special meetings to notify the newspaper or radio of the special meeting. (3) If telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (e) Notwithstanding subdivision (c) of Section 89307, the legislative body shall not meet in closed session during a meeting called pursuant to this section. (f) All special meeting requirements prescribed in subdivision (a) shall be applicable to a meeting called pursuant to subdivision (c), with the exception of the 24-hour notice requirement. (g) The legislative body shall post in a public place, as soon after the meeting as possible and for a minimum of 10 days, the minutes of a meeting called pursuant to subdivision (c), a list of persons who the presiding officer of the legislative body, or designee, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89307. Source version: id_d976587f-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. (a) Any legislative body may hold a closed session under any of the following circumstances: (1) A closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the student body organization to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. Prior to the closed session, the legislative body shall hold an open and public session in which it identifies its negotiators, the real property or real properties that the negotiations may concern, and the person or persons with whom its negotiators may negotiate. (2) For purposes of this subdivision: (A) A negotiator may be a member of the legislative body. (B) “Lease” includes renewal or renegotiation of a lease. (b) (1) Based on advice of its legal counsel, holding a closed session to confer with, or receive advice from, its legal counsel regarding a liability claim or pending litigation when discussion in open session concerning the matter would prejudice the position of the student body organization in the litigation. (2) For purposes of this subdivision, all applications of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this article. (3) For purposes of this subdivision, “litigation” means any adjudicatory proceeding, including, but not limited to, eminent domain, court proceeding, or a proceeding of an administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (4) For purposes of this subdivision, litigation shall be considered pending when any of the following circumstances exist: (A) Litigation, to which the student body organization is a party, has been initiated formally. (B) A point has been reached where, in the opinion of the legislative body on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the student body organization. (C) Based on existing facts and circumstances, the legislative body is meeting only to decide whether a closed session is authorized pursuant to subparagraph (B). (D) Based on existing facts and circumstances, the legislative body has decided to initiate, or is deciding whether to initiate, litigation. (5) For purposes of subparagraphs (B), (C), and (D) of paragraph (4), “existing facts and circumstances” shall consist only of one of the following: (A) Facts and circumstances that might result in litigation against the student body organization, but which the organization believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (B) Facts and circumstances, including, but not necessarily limited to, an accident, disaster, incident, or transactional occurrence, that might result in litigation against the student body organization and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (C) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation. (D) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. (E) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body, so long as the official or employee of the student body organization receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed. (6) Nothing in this section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (7) Prior to holding a closed session pursuant to this section, the legislative body shall state on the agenda or publicly announce and identify the provision of this section that authorizes the closed session. If the session is closed pursuant to paragraph (1), the legislative body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the legislative body states that to do so would jeopardize the ability of the student body organization to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (8) For purposes of this subdivision, a student body organization shall be considered to be a “party” or to have a “significant exposure to litigation” if an officer or employee of the student body organization is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. (c) (1) Nothing contained in this section shall be construed to prevent a legislative body from holding closed sessions with the Attorney General, district attorney, sheriff, or chief of police, or their respective deputies, on matters posing a threat to the security of public buildings or a threat to the public’s right of access to public services or public facilities, or from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of an employee of the student body organization or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. (2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of the employee’s right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void. (3) A legislative body also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. (4) For the purposes of this subdivision, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee of the student body organization, but shall not include any elected official, member of a legislative body, or other independent contractor. Closed sessions held pursuant to this section shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. (d) (1) A legislative body shall publicly report any action taken in closed session and the vote or abstention of every member present thereon, as follows: (A) Approval of an agreement concluding real property negotiations pursuant to subdivision (a) shall be reported after the agreement is final, as follows: (i) If its own approval renders the agreement final, the legislative body board or subboard shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. (ii) If final approval rests with the other party to the negotiations, the legislative body shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the legislative body of its approval. (B) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation, as the result of a consultation under subdivision (b) shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the ability of the student body organization to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (C) Approval given to its legal counsel of a settlement of pending litigation, as defined in subdivision (b), at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows: (i) If a legislative body accepts a settlement offer signed by the opposing party, the legislative body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. (ii) If final approval rests with some other party to the litigation or with the court, then, as soon as the settlement becomes final, and upon inquiry by any person, the legislative body shall disclose the fact of that approval and identify the substance of the agreement. (D) Action taken to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of an employee of the employee organization in closed session pursuant to subdivision (c) shall be reported at the public meeting during which the closed session is held. Any report required by this subparagraph shall identify the title of the employee’s position. Notwithstanding the general requirement of this subparagraph, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. (E) Approval of an agreement concluding labor negotiations with represented employees pursuant to subdivision (e) shall be reported after the agreement is final and has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (2) Reports that are required to be made pursuant to this subdivision may be made orally or in writing. A legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 89306.5, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements, or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body, or the presiding officer’s designee, orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (3) The documentation referred to in paragraph (2) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. (4) Nothing in this subdivision shall be construed to require that a legislative body approve actions not otherwise subject to the approval of that legislative body. (5) No action for injury to a reputational, liberty, or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this subdivision. (e) (1) Notwithstanding any other provision of law, a legislative body may hold closed sessions with the designated representative of the student body organization regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior to the closed session, the legislative body shall hold an open and public session in which it identifies its designated representatives. (2) (A) Closed sessions of a legislative body, as permitted in this subdivision, shall be for the purpose of reviewing its position and instructing the designated representative of the student body organization. (B) Closed sessions, as permitted in this subdivision, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. (C) Closed sessions with the designated representative of the student body organization regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of the available funds and funding priorities of the student body organization, but only insofar as these discussions relate to providing instructions to the designated representative of the student body organization. (D) Closed sessions held pursuant to this subdivision shall not include final action on the proposed compensation of one or more unrepresented employees. (E) For the purposes enumerated in this subdivision, a legislative body may also meet with a state conciliator who has intervened in the proceedings. (3) For the purposes of this subdivision, the term “employee” includes an officer or an independent contractor who functions as an officer or an employee of the student body organization, but shall not include any elected official, member of a legislative body, or other independent contractors. (f) (1) Prior to holding any closed session, the legislative body shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this subdivision shall require or authorize a disclosure of information prohibited by state or federal law. (2) After any closed session, the legislative body shall reconvene into open session prior to adjournment, and shall make any disclosures required by subdivision (d) of action taken in the closed session. (3) The disclosure required to be made in open session pursuant to this subdivision may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. (Amended by Stats. 2021, Ch. 615, Sec. 81. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89307.1. Source version: id_ffe622a7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of that meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in that session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89307.2. Source version: id_2395197f-3189-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. (a) A legislative body shall not conduct a meeting in a facility that prohibits the admittance of any person, or persons, on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, gender identity, or gender expression, or that is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This section shall apply to every legislative body as defined in Section 89305.1. (b) A notice, agenda, announcement, or report required under this article need not identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. (Amended by Stats. 2011, Ch. 637, Sec. 11. (AB 620) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 1.5. Gloria Romero Open Meetings Act of 2000 [89305 - 89307.4] SECTION 89307.4. Source version: id_ffe622ab-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=1.5. Each member of a legislative body who attends a meeting of that legislative body where an action is taken in violation of any provision of this article, with knowledge that the meeting is in violation of this article, is guilty of a misdemeanor. (Added by Stats. 2000, Ch. 330, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 2. Travel Expenses [89310- 89310.] SECTION 89310. Source version: id_ffe7a94f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=2. The trustees may authorize the allowance of actual and necessary traveling expenses to students to participate in the study of matters relating to education at the California State University or in activities that, in the judgment of the president of a particular campus, are integrally related to its formal instructional offerings. Traveling expenses shall not be allowed with respect to student lobbyists or representatives in Sacramento. Section 11032 of the Government Code does not apply to allowances authorized by this section. (Amended by Stats. 1995, Ch. 758, Sec. 265. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 3. Accommodation of Religious Creed [89320- 89320.] SECTION 89320. Source version: id_38a42eb1-3189-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=3. (a) The Trustees of the California State University shall require each state university, in administering any test or examination, to permit any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed. This requirement shall not apply if administering the test or examination at an alternate time would impose an undue hardship that could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship that could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution. (b) As used in this section, “undue hardship” means an action requiring significant difficulty or expense, when considered in light of the following factors: (1) The nature and cost of the accommodation needed. (2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility. (3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities. (4) The type of operations, including the composition, structure, and functions of the workforce of the entity. (5) The geographic separateness, administrative, or fiscal relationship of the facility or facilities. (Amended by Stats. 2011, Ch. 613, Sec. 1. (AB 668) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 4. Program for California Residents 60 Years of Age or Older [89330 - 89333] SECTION 89330. Source version: id_ffe7a957-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=4. The Trustees of the California State University may authorize at any of the institutions of the California State University the establishment of a program which allows persons 60 years of age or older to enroll in regular credit courses without requiring the payment of the application for admission fee and regular session registration fees. (Amended by Stats. 1983, Ch. 143, Sec. 121.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 4. Program for California Residents 60 Years of Age or Older [89330 - 89333] SECTION 89331. Source version: id_ffe92ff9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=4. Each program established pursuant to this article shall be maintained in accordance with the following standards: (a) Enrollment shall be limited to qualified persons who are residents, as defined by Section 68017, and are 60 years of age or older on the residence determination date. (b) Persons enrolling in the program shall be registered last, after regular students have been registered for classes. (c) No special classes limited to, or designed particularly for, senior citizens shall be established. (Added by Stats. 1979, Ch. 246.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 4. Program for California Residents 60 Years of Age or Older [89330 - 89333] SECTION 89332. Source version: id_ffe92ffb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=4. Fee waivers authorized pursuant to this article shall not be in place of fee waivers for disadvantaged students. (Added by Stats. 1979, Ch. 246.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 4. Program for California Residents 60 Years of Age or Older [89330 - 89333] SECTION 89333. Source version: id_ffe92ffd-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=4. The Trustees of the California State University shall adopt regulations for the effective administration of this article. The Trustees of the California State University shall phase in programs under this article over not less than a three-year period commencing January 1, 1980, except that existing programs may be continued as programs under this article on and after its effective date. (Amended by Stats. 1983, Ch. 143, Sec. 122.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89340. Source version: id_ad9f6152-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. This article shall be known, and may be cited as the Higher Education Outreach and Assistance Act for Foster Youth. (Amended by Stats. 2017, Ch. 763, Sec. 2. (AB 1567) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89341. Source version: id_c1c15764-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. (a) The Legislature makes the following findings and declarations: (1) Children who live in foster care are abused and neglected individuals for whom the state has assumed parental responsibility. Although foster care is designed to reunite those children, when appropriate, with their parents, or to place those children with an adoptive family, many children are neither reunited with their parents nor adopted. When those children reach the age of 18 years, the state terminates its responsibility. Given that, it is important that these youth have access to postsecondary education, including career technical education during their time in foster care to ensure their long-term economic security. (2) In California, there are more than 60,000 children and youth in foster care, and approximately 8,000 are college-aged, between 18 and 21 years of age. (3) While 40 percent of foster youth will enroll in college by 19 years of age, their rate of persistence and degree completion is lower than the general population. Just one in five foster youth will successfully complete 30 or more units. By 26 years of age, 8 percent of foster youth will have earned an associate’s degree or higher, compared to 46 percent of the general population. One of the critical hurdles for this student population to overcome is finding the financial resources to fund their education. Only 9 percent of foster youth receive the Cal Grant, California’s need-based financial aid award. (4) Emancipated foster youth, who do not have parents to rely upon for support and guidance, suffer unique disadvantages compared to other students. While many students are preoccupied with academic pressures, the primary concerns cited by former foster youth are the absence of family support and the fear of spending the holidays alone. Emancipated foster youth need emotional support and specialized resources from sensitive university staff who understand the unusual circumstances and pressing needs of emancipated foster youth. (b) Accordingly, the Legislature states its intent that the Trustees of the California State University and the Board of Governors of the California Community Colleges expand the access and retention programs of the university and the community colleges to include the following: (1) Outreach services to foster youth to encourage their enrollment in a state university or a community college. (2) Technical assistance to foster youth to assist those prospective students in completing admission applications and financial aid applications. (Amended by Stats. 2017, Ch. 763, Sec. 3. (AB 1567) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89342. Source version: id_d5e23c06-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. The Trustees of the California State University and Board of Governors of the California Community Colleges shall perform the following services to assist foster youth: (a) Review housing issues for those foster youth living in college dormitories to ensure basic housing during the regular academic school year, including vacations and holidays other than summer break. (b) Provide technical assistance and advice to campuses on ways in which to improve the delivery of services to foster youth. (c) Commencing in the 1998–99 academic year, track the retention rates of students who voluntarily disclose to the university or community college their status as foster youth. (d) For purposes of this article, “foster youth” includes former foster youth, and means a person in California whose dependency was established or continued by the court on or after the youth’s 16th birthday and who is no older than 25 years of age at the commencement of the academic year. (Amended by Stats. 2017, Ch. 763, Sec. 4. (AB 1567) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89343. Source version: id_61cc2a62-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. The Trustees of the California State University and Board of Governors of the California Community Colleges shall evaluate the extent to which their current programs are meeting the needs of foster youth and how those outreach and retention services can be improved. (Amended by Stats. 2004, Ch. 193, Sec. 15. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89344. Source version: id_ea84acb8-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. Representation on the appropriate California State University Advisory Councils shall be expanded to include at least one foster youth who is either a current or former student at the university. (Amended by Stats. 2017, Ch. 763, Sec. 5. (AB 1567) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89345. Source version: id_fdcac1ba-e41c-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. The State University Educational Opportunity Program and California Community College Extended Opportunity Programs and Services shall ensure that identified foster youth are informed of services, including mentoring, provided by these programs. (Amended by Stats. 2017, Ch. 763, Sec. 6. (AB 1567) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89346. Source version: id_10580e0c-e41d-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. (a) The State Department of Social Services and county welfare departments shall, in coordination with the California State University and the California Community Colleges, do both of the following: (1) Communicate with foster youth at two grade levels designated jointly by the California State University and the California Community Colleges in order to facilitate the outreach and technical assistance efforts for those prospective students. (2) Coordinate with staff of the California State University Educational Opportunity Program, the California Community Colleges Extended Opportunity Programs and Services, or Cooperating Agencies Foster Youth Educational Support, as appropriate, to verify eligibility of foster youth for participation in programs and other benefits. (b) (1) Each campus of the California Community Colleges shall do all of the following upon admission of a foster youth, and each campus of the California State University shall do all of the following upon determination, through receipt of the Free Application for Federal Student Aid (FAFSA) or through another means, that a student enrolled at, or applying to, that campus is a current or former foster youth and is eligible for financial aid: (A) Notify that student about appropriate campus support programs that may include, but are not necessarily limited to, the California State University Educational Opportunity Program, the California Community Colleges Extended Opportunity Programs and Services, and Cooperating Agencies Foster Youth Educational Support. (B) Notify that student of his or her eligibility for financial aid. (C) Provide that student with instructions for accessing the benefits for which he or she has qualified. (2) Notification of students pursuant to this subdivision may be accomplished by methods that shall include, but not necessarily be limited to, inclusion of information in the letters of acceptance sent to foster youth who have been admitted to those campuses. (Amended by Stats. 2017, Ch. 763, Sec. 7. (AB 1567) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89347. Source version: id_ffec3d4f-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. The Student Aid Commission shall provide outreach services and technical assistance to foster youth at the two grade levels designated jointly by the California State University and the California Community Colleges. The State Department of Social Services and county welfare departments shall, in coordination with the Student Aid Commission, communicate with foster youth at the two grade levels designated jointly by the California State University and the California Community Colleges in order to facilitate the Student Aid Commission’s outreach and technical assistance efforts for those prospective students. (Added by Stats. 1996, Ch. 1129, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 3. Students [89300 - 89348] ARTICLE 5. Higher Education Outreach and Assistance Act for Foster Youth [89340 - 89348] SECTION 89348. Source version: id_330ac8bb-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=3.&article=5. (a) Subject to the availability of funds in the annual Budget Act for this purpose, the office of the Chancellor of the California State University shall provide each participating campus with funding to support postsecondary education programs for foster youth and former foster youth. The chancellor’s office shall develop a funding formula that allocates funding to each campus that offers a foster youth support program. The formula may authorize each participating campus to maintain a minimum baseline funding amount. The formula shall be based on the number of students participating in the program at each participating campus. (b) Funding allocated to each campus pursuant to subdivision (a) shall be used to support services for students who are foster youth and former foster youth, which may include, but are not limited to, outreach and recruitment, consultation and eligibility verification, consultation and referrals for students deemed ineligible, service coordination, counseling and academic advising, grants for books, supplies, tutoring, childcare, housing, or transportation, independent living and financial literacy skills support, frequent in-person contact, career guidance, referrals to health services, mental health services, housing assistance, and other related services, and direct financial support. (c) A campus program may provide all services described in subdivision (b) to an enrolled student who is a foster youth or former foster youth but whose courses have not yet commenced, if those services are necessary to enable the student to be successful upon the commencement of the academic term. Funding may also be used to support these services during the summer term for those students who are enrolled in the upcoming fall term. (d) Each participating campus shall offer all of the following as part of its program provided pursuant to this section: (1) A full-time designated staff program director or coordinator with experience relevant to working with foster youth and former foster youth. (2) Campus office and meeting space. (3) A range of student supports to address academic and nonacademic needs. (4) Opportunities for peer mentors. (e) To the extent possible, services provided under this section, including those provided pursuant to subdivision (d), shall supplement, and shall not supplant, other services provided by the state, a county, or a campus. Where existing targeted programs for foster youth and former foster youth exist on campus, funding shall be used to continue and expand these programs. (f) Commencing March 31, 2024, and every two years thereafter, the chancellor’s office shall submit a report to the Department of Finance and the Joint Legislative Budget Committee describing all of the following: (1) Efforts during the previous academic year to serve students who are foster youth and former foster youth, including uses of the funding allocated pursuant to subdivision (a) and uses of other internal and external resources supporting foster youth services. (2) Enrollment, retention, and completion rate data for students who are foster youth and former foster youth and participated in programs funded pursuant to this section on a campus-by-campus basis, and other metrics as appropriate. (3) As feasible, systemwide data on enrollment, retention, and completion rates for students who are foster youth and former foster youth and participated in programs funded pursuant to this section, and other metrics as appropriate, disaggregated by race, ethnicity, and gender. (Added by Stats. 2022, Ch. 54, Sec. 43. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4. Child Development Centers [89400 - 89413] ARTICLE 1. General Provisions [89400 - 89404] SECTION 89400. Source version: id_ffec3d55-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.&article=1. The Trustees of the California State University and any other public or private nonprofit agency may contract with the State Department of Education to establish and maintain a child development center on or near each state university campus pursuant to the provisions of Chapter 2 (commencing with Section 8200) of Part 6. (Amended by Stats. 1983, Ch. 143, Sec. 123.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4. Child Development Centers [89400 - 89413] ARTICLE 1. General Provisions [89400 - 89404] SECTION 89401. Source version: id_ffec3d57-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.&article=1. The trustees and any other public or private nonprofit agency may contract with the Department of Education to establish and maintain such campus childdevelopment centers. Such operating agencies may accept student fees, parent fees, and private funds to operate child development centers and may be reimbursed for eligible costs pursuant to Sections 16708 and 16780. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4. Child Development Centers [89400 - 89413] ARTICLE 1. General Provisions [89400 - 89404] SECTION 89402. Source version: id_ffedc2f9-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.&article=1. Notwithstanding any other provision of law, children under two years of age whose parent or parents are students may attend child development centers consistent with the priorities established. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4. Child Development Centers [89400 - 89413] ARTICLE 1. General Provisions [89400 - 89404] SECTION 89404. Source version: id_ffedc2fb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.&article=1. Each child development center maintained pursuant to Section 89400 shall have an advisory council, composed of representatives of the parent-users and persons from fields related to the well-being of children. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4. Child Development Centers [89400 - 89413] ARTICLE 2. San Francisco State University [89410 - 89413] SECTION 89410. Source version: id_ffedc2ff-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.&article=2. The San Francisco State University may maintain a child care center as an integral part of the state university. The center shall be used for observation, demonstration, study, student experience, and student teaching. (Amended by Stats. 1985, Ch. 106, Sec. 24.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4. Child Development Centers [89400 - 89413] ARTICLE 2. San Francisco State University [89410 - 89413] SECTION 89411. Source version: id_ffedc301-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.&article=2. The trustees shall determine the fee which the state university shall charge the parents or guardian of any child admitted to the center. All fees shall be used to reimburse the state university for the cost of operating and maintaining the center. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4. Child Development Centers [89400 - 89413] ARTICLE 2. San Francisco State University [89410 - 89413] SECTION 89412. Source version: id_ffef49a3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.&article=2. No child shall be admitted to the center unless he meets the requirements for admittance to a child development center. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4. Child Development Centers [89400 - 89413] ARTICLE 2. San Francisco State University [89410 - 89413] SECTION 89413. Source version: id_ffef49a5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.&article=2. The budget for the center may be prepared and submitted to the trustees with the budget of the state university. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.4. Center To Close Achievement Gaps [89420 - 89426] SECTION 89420. Source version: id_6e5c2717-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.4.&article= The Center to Close Achievement Gaps is hereby established, to be located at a campus in the California State University system to be chosen by the Chancellor of the California State University, or at the office of the chancellor. If considering a campus for the location of the center, the chancellor shall use all of the following criteria in choosing the campus: (a) Its graduation rates for both undergraduate programs and programs of professional preparation of educators. (b) Its capacity to establish and maintain the center. (c) Its capacity to operate in partnership with the State Department of Education, the State Board of Education, the California Collaborative for Education Excellence, each county office of education engaged in assisting schools as part of the statewide system of support, established pursuant to Section 52059.5, and the University of California. (Added by Stats. 2019, Ch. 53, Sec. 24. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.4. Center To Close Achievement Gaps [89420 - 89426] SECTION 89422. Source version: id_6e5c2719-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.4.&article= The mission of the center is to provide resources and assistance to local educational agencies in order to eliminate gaps in academic achievement between subgroups of pupils enrolled in kindergarten and grades 1 to 12, inclusive, as identified on the California School Dashboard, pursuant to Section 52064.5, through both of the following: (a) Providing professional preparation of educators in the California State University system. (b) Serving as a resource for local educational agencies on strategies for closing achievement gaps. (Added by Stats. 2019, Ch. 53, Sec. 24. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.4. Center To Close Achievement Gaps [89420 - 89426] SECTION 89424. Source version: id_6e5c271b-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.4.&article= (a) The center shall seek to fulfill its mission and improve the capacity of teachers, education specialists, and school administrators to close gaps in academic achievement through both of the following: (1) Strengthening professional preparation on effective instructional practices, effective school leadership practices, effective local educational agency leadership practices, and the use of data and continuous improvement strategies. (2) Serving local educational agencies as a clearinghouse for evidence-based strategies and promising practices for closing academic achievement gaps. (b) In addition to its duties pursuant to subdivision (a), the center shall also do all of the following: (1) Engage in and disseminate research on evidence-based strategies and promising practices to close academic achievement gaps. (2) Develop and disseminate tools and resources to implement evidence-based strategies for closing academic achievement gaps. (3) Document and promote effective practices used in higher performing, high-poverty schools and local educational agencies. (c) The center shall operate in partnership with the State Department of Education, the State Board of Education, the California Collaborative for Education Excellence, each county office of education engaged in assisting schools as part of the statewide system of support, established pursuant to Section 52059.5, and the University of California. (d) (1) On or before January 30 of the year following the first full year of operation, and on or before January 30 annually thereafter, the center shall submit to the Legislature a report prepared by a third party evaluating the support provided to local educational agencies by the center during the previous year. (2) The report specified in paragraph (1) shall be submitted pursuant to Section 9795 of the Government Code. (e) The center shall be established no later than one year after an appropriation is made for the purposes of this section by the Legislature. (Added by Stats. 2019, Ch. 53, Sec. 24. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.4. Center To Close Achievement Gaps [89420 - 89426] SECTION 89426. Source version: id_6e5c271d-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.4.&article= (a) The provisions of this chapter shall be operative only upon appropriation by the Legislature in the annual Budget Act or in another statute for this purpose. (b) For purposes of this chapter, “local educational agency” means a school district, county office of education, or charter school. (Added by Stats. 2019, Ch. 53, Sec. 24. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.6. Center for African-American Education Excellence and Achievement [89430 - 89436] SECTION 89430. Source version: id_fff3dda1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.6.&article= The trustees may establish the Center for African-American Educational Excellence and Achievement. It is the intent of the Legislature that the center be located near the Compton and Watts areas of Los Angeles. Accordingly the center shall be established at California State University Dominguez Hills, the campus in closest proximity to these areas. (Added by Stats. 1992, Ch. 1277, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.6. Center for African-American Education Excellence and Achievement [89430 - 89436] SECTION 89432. Source version: id_fff3dda3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.6.&article= (a) The purpose and mission of the center is to further the education of students and to develop pedagogical materials, procedures, and programs designed to increase the learning skills of African-Americans. (b) The center may engage in research, training, and development relative to the promotion of educational excellence among African-Americans. In addition, the center may serve as a national repository of information on effective African-American teaching methodology. (c) If the center is established, its research shall be concentrated in the following areas relating to African-Americans: (1) Problems and issues which affect the failure or success of African-American students. (2) The elements of an effective educational program. (3) The impact of educational reform movements on African-American students and teachers. (4) Development of strategies which facilitate and promote African-American achievement. (5) Development of techniques that integrate culture into educational practice. (6) Continual curriculum development and effective instructional strategies. (7) The development and implementation of culturally sensitive teacher and staff training programs. (8) The creation and implementation of parent-community-school coalitions for the purpose of facilitating teaching and learning. (9) Intervention studies that address access and retention problems experienced by African-American students. (Added by Stats. 1992, Ch. 1277, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.6. Center for African-American Education Excellence and Achievement [89430 - 89436] SECTION 89434. Source version: id_fff3dda5-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.6.&article= (a) If the center is established the Chancellor of the California State University shall appoint an advisory board to the Center for African-American Educational Excellence and Achievement, which shall recommend goals, objectives, and priorities for the center. (b) The members of the advisory board shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties in accordance with the regulations and guidelines of the California State University. (Added by Stats. 1992, Ch. 1277, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.6. Center for African-American Education Excellence and Achievement [89430 - 89436] SECTION 89436. Source version: id_fff3dda7-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.6.&article= It is the intent of the Legislature that the Center for African-American Educational Excellence and Achievement be funded by a variety of sources, including grants, contributions, and appropriations from federal, state, local, or private sources. (Added by Stats. 1992, Ch. 1277, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.7. California State University Program for Education and Research in Biotechnology [89440- 89440.] SECTION 89440. Source version: id_fff5644b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.7.&article= (a) The Legislature hereby finds and declares all of the following: (1) The biotechnology industry in California is a rapidly growing industry that will be a critical factor in the state’s economic success in the new millennium. (2) The California State University plays a significant role in the production and maintenance of the workforce for this rapidly growing industry. (3) The California State University Program for Education and Research in Biotechnology was created in 1987 to provide a coordinated and amplified development of biotechnology research and education within the California State University, to foster competitiveness in the industry on both the state and national levels, to facilitate training of a sufficient number of biotechnology technicians and scientists, to catalyze technology transfer and enhance intellectual property protection, and to facilitate the acquisition and long-term maintenance of state-of-the-art biotechnology resource facilities. (4) The program facilitates interdisciplinary cooperative activities between the biology and chemistry departments on all California State University campuses and between faculty and a number of allied academic and research units, including bioengineering, agricultural biotechnology, environmental and natural resources, molecular ecology, and marine biotechnology. (5) The program conducts a number of activities, including a competitive applied research and education grants program, the upgrade of biotechnology instructional and research equipment, the development of specialized training facilities, and involvement in secondary educator inservice and preservice biotechnological training. (6) The California State University conducted a Bioscience Innovation and Training Center Feasibility Study to assess the feasibility of creating a multiuse technology innovation and training center in Pasadena that can serve as an anchor and catalyst for biotechnology enterprise growth in the Los Angeles region. (7) The study was completed in December 2000, and concluded that there is strong demand for biotechnology workforce training, research, manufacturing, and incubation services that warrant the development of a bioscience in Pasadena. When Pasadena was evaluated against critical success factors for biotechnology community development, it scored highly on many factors, including a critical mass of cutting-edge research, accessibility to transportation, quality of life, experienced entrepreneurs, access to capital, and availability of a skilled workforce. The steering committee identified four main components for the proposed facility: (A) Workforce training offering practical, hands-on learning experiences involving multidisciplinary, multilevel teams of researchers, technicians, production specialists, apprentices, and students. (B) Core research laboratories and instrument beta testing coupled with process manufacturing. (C) New business incubator space, including wet labs and shared entrepreneurial services and support. (D) Bioinformatics (convergence of biology, mathematics, and computing) as a common theme running throughout the center. (8) The Bioscience Innovation and Training Center Feasibility Study, conducted by the California State University, found that the development of a bioscience center in Pasadena is warranted. (9) A successful biotechnology resource facility requires a partnership of the city, industry, and education partners, as well as public and private collaboration, in order to develop projects that leverage economic opportunities in the Los Angeles basin and support business throughout California. (10) It is critical that, for a successful resource facility, the public and private sectors work together to achieve the following components: workforce training, research in core research laboratories, new business incubator space, and manufacturing. (b) It is the intent of the Legislature to accomplish both of the following: (1) To provide additional state funding, if state revenues allow, to the California State University to maintain the California State University Program for Education and Research in Biotechnology at a level that will maintain and enhance its role in the preparation of the workforce in this critical industry. (2) To provide additional state funding to the California State University for development of a bioscience center in Pasadena, subject to appropriation in the annual Budget Act, that would integrate research and innovation, applied workforce training, and incubation of new bioscience enterprise. The development of the bioscience center would include a partnership among local educational institutions, the local bioscience industry, and government. These funds shall be used for the development of a pilot bioinnovation workforce training program that bridges the gap between classroom instruction and workforce practice, using state-of-the-art instrumentation and real-world development projects, and for final site assessment to ensure due diligence prior to the selection of a final site. (Amended by Stats. 2004, Ch. 225, Sec. 9. Effective August 16, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.8. California State University, Stanislaus: Reuse of Stockton Development Center [89450 - 89452] SECTION 89450. Source version: id_fff6eaef-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.8.&article= The Legislature finds and declares all of the following: (a) There is a need for the California State University to continue development of a reuse plan for the site of the former Stockton Development Center, the property of which has been conveyed to the trustees for public school purposes. (b) The establishment of an educationally focused campus consisting of public-public and public-private partnerships will result in greater educational opportunities for the residents of San Joaquin County and in economic development opportunities for the City of Stockton. (c) To facilitate the reuse of the site, it is necessary to provide funding for the maintenance of physical facilities on the site and for a study to explore the long-term feasibility of reusing the site in the prescribed manner. (Added by Stats. 1999, Ch. 1020, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.8. California State University, Stanislaus: Reuse of Stockton Development Center [89450 - 89452] SECTION 89451. Source version: id_fff6eaf1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.8.&article= It is the intent of the Legislature that the Stockton Development Center be a productive asset focused on educationally based programs. Further, it is the intent of the Legislature to supplement state resources in site maintenance through public-public and public-private partnerships. (Added by Stats. 1999, Ch. 1020, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.8. California State University, Stanislaus: Reuse of Stockton Development Center [89450 - 89452] SECTION 89452. Source version: id_fff6eaf3-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.8.&article= (a) The trustees, the Department of General Services, the Department of Finance, and the City of Stockton shall prepare a long-term feasibility study regarding the reuse of the site. The study shall include consideration of the state resources necessary to develop the site in the future. The study shall be completed by September 1, 2000. (Added by Stats. 1999, Ch. 1020, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 4.9. California State University Agricultural Research Institute Grant Program [89455- 89455.] SECTION 89455. Source version: id_b9553541-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=4.9.&article= (a) (1) The Agricultural Biosecurity Fund is hereby created within the State Treasury. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated to the California State University Agricultural Research Institute for allocation without regard to fiscal year for purposes of supporting research on biosecurity related to agriculture, and establishing best practices to mitigate the introduction and effects of infectious agents upon the animal and plant agricultural system of California. (2) The Agricultural Biosecurity Fund may receive funds from federal, state, local, and private sources. (b) The California State University Agricultural Research Institute shall administer a grant program with moneys received in the Agricultural Biosecurity Fund for research on biosecurity related to agriculture, and establishing best practices to mitigate the introduction and effects of infectious agents upon the animal and plant agricultural system of California. (1) All research grants shall be awarded to campuses of the California State University associated with the California State University Agricultural Research Institute, including, but not limited to, all of the following: (A) California Polytechnic State University, San Luis Obispo. (B) California State Polytechnic University, Pomona. (C) California State University, Chico. (D) California State University, Fresno. (E) California State University, Humboldt. (F) California State University, Monterey Bay. (2) All research grants shall be awarded on the basis of scientific merit as determined by an open, competitive peer review process that ensures objectivity, consistency, and high quality. All qualified investigators affiliated with one of the campuses of the California State University listed in paragraph (1) shall have equal access and opportunity to compete for the grant funds. (Added by Stats. 2021, Ch. 386, Sec. 1. (SB 453) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89500. Source version: id_fff87199-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) (1) Notwithstanding any other provision of law, the trustees shall provide by rule for the government of their appointees and employees, pursuant to this chapter and other applicable provisions of law, including, but not limited to: appointment; classification; terms; duties; pay and overtime pay; uniform and equipment allowances; travel expenses and allowances; rates for housing and lodging; moving expenses; leave of absence; tenure; vacation; holidays; layoff; dismissal; demotion; suspension; sick leave; reinstatement; and employer’s contribution to employees’, annuitants’, and survivors’ health benefits plans. (2) The rules adopted by the trustees relating to tenure, layoff, dismissal, demotion, suspension, and reinstatement of academic and administrative employees shall be adopted on or before February 1, 1962, and become effective on July 1, 1962, with respect to employees who are academic teaching and administrative employees as defined in subdivision (1)(e) of Section 24301, as it read on June 30, 1961, as enacted by Chapter 2 of the Statutes of 1959. (b) The adoption of these rules and regulations shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1996, Ch. 938, Sec. 5. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89500.7. Source version: id_aa58fb2d-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The trustees shall offer, on at least a semiannual basis, to each of the university’s filers, an orientation course on the relevant ethics statutes and regulations that govern the official conduct of university officials. (b) As used in this section, “filer” means each member, officer, or designated employee of the California State University, including a trustee, who, because of his or her affiliation with the university or any subdivision or campus thereof, is required to file a Statement of Economic Interests in accordance with Chapter 7 (commencing with Section 87100) of Title 9 of the Government Code. (c) The trustees shall maintain records indicating the specific attendees, each attendee’s job title, and dates of their attendance for each orientation course offered pursuant to this section. These records shall be maintained for a period of at least five years after each course is offered. These records shall be public records subject to inspection and copying in accordance with Section 81008 of the Government Code and any other public records disclosure laws that are applicable to the university. (d) Except as provided in subdivision (e), each filer shall attend the orientation course established pursuant to subdivision (a) in accordance with both of the following: (1) For a person who, as of January 1, 2005, is a filer, as defined in subdivision (b), not later than December 31, 2005, and thereafter, at least once during each consecutive period of two calendar years commencing on January 1, 2007. (2) For a person who becomes a filer, as defined in subdivision (b), after January 1, 2005, within six months after he or she becomes a filer, and at least once during each consecutive period of two calendar years commencing on January 1 of the first odd-numbered year thereafter. (e) The requirements of subdivision (d) do not apply to a filer, as defined in subdivision (b), who has taken an ethics orientation course through another state agency or the Legislature within the periods set forth in paragraphs (1) and (2) of subdivision (d) if, in the determination of the trustees, that course covered substantially the same material as the course the university would offer to the filer pursuant to this section. (Amended by Stats. 2015, Ch. 303, Sec. 136. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89501. Source version: id_fff8719b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) For the purpose of facilitating the recruitment of professional and technically trained persons to fill positions for which there is a shortage of qualified applicants, the trustees may authorize payment of all or a part of the travel expense of applicants who are called for interview and all or a part of the travel and moving expense of persons who change their place of residence to accept employment with the state. These payments shall be made only upon the certification of the trustees that the expenditure is necessary in order to recruit qualified persons needed by the California State University. If, for reasons that do not meet the approval of the trustees, the employee or applicant for employment does not accept or continue the employment for a period of two years, he or she shall reimburse the trustees for the moving and travel expenses for the full or proportionate amount. For the purposes of this section, satisfactory reasons for not completing two years of employment shall be death, prolonged illness, disability, unacceptability of the applicant or employee to the trustees, and similar eventualities beyond the control of the applicant or employee. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1983, Ch. 1040, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89502. Source version: id_fff8719d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) It is the policy of the state that the workweek of the employees of the California State University shall be 40 hours, and the workday of such employees eight hours, except that workweeks and workdays of a different number of hours may be established in order to meet the varying needs of the different campuses and facilities. It is the policy of the state to avoid the necessity for overtime work whenever possible. This policy does not restrict the extension of regular working-hour schedules on an overtime basis when the action is necessary to carry on the business of the California State University properly during a manpower shortage. The trustees may provide for the payment of overtime in designated classes for work performed after the normal scheduled workday or normal scheduled workweek, when the designation is appropriate to the designated class. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 124.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89503. Source version: id_9fd78cda-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The trustees may authorize payments into a private fund to provide health and welfare benefits to nonpermanent employees of the class specified in Section 19830 of the Government Code employed by the trustees, upon a finding by the trustees as to any position that the criteria stated in subdivision (a) of Section 19831 of the Government Code are satisfied. (b) Payments made by the state pursuant to this section to any fund on behalf of any employees shall be in lieu of benefits such as vacation allowance, sick leave, and retirement that may be granted directly by the state in accordance with law. (c) The trustees may determine the equitable application of this section to ensure that the employees receive benefits comparable to, but not in excess of, those provided in comparable private employment. (d) The payments authorized by this section shall be a proper charge against any funds available for the support of the California State University. (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2006, Ch. 538, Sec. 141. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89504. Source version: id_fff9f841-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Upon separation from service without fault on his or her part, an employee is entitled to a lump-sum payment as of the time of separation for any unused or accumulated vacation or for any time off to which the employee is entitled by reason of previous overtime work where compensating time off for overtime work is provided for by the trustees. This sum shall be computed by projecting the accumulated time on a calendar basis so that the lump sum will equal the amount which the employee would have been paid had the employee taken the time off but not separated from the service. (b) Employees separated from service through fault of their own are entitled to a lump-sum payment for compensating time off for overtime work, and in addition, the portion, if any, of unused vacation as the trustees may determine. The computation of this sum shall be based on actual accumulated time without projection as provided in subdivision (a). (c) Lump-sum payment for vacation shall not be made to a person who separates from a position for the purpose of accepting another position in the state service, except either of the following: (1) Upon movement to a position in which vacation credits are neither accrued nor used. (2) Upon reassignment of an employee, subsequent to January 1, 1965, from a position other than an academic year position, to an academic year position. However, a lump-sum payment shall not be made to a person who returns to a position in the same class within 15 working days of the date of the person’s resignation. (d) Except for payment authorized or excluded under subdivision (c), an employee who returns to state service during the period through which his or her lump-sum payment was computed may refund the amount of lump-sum payment which exceeds his or her break in service and have the balance of credits restored as though he or she had remained in state service and taken the time off. (e) If subdivisions (a) to (d), inclusive, are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (f) Notwithstanding other provisions of this section, the trustees may provide for lump-sum payment for vacation for nonrepresented employees of the California State University. (Amended by Stats. 1988, Ch. 227, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89505. Source version: id_fff9f843-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. The trustees, subject to such conditions as they may establish, may purchase annuity contracts for any of their employees, and shall reduce the salary of any such employee for whom such contract is purchased in the amount of the cost thereof; provided that each of the following conditions are met: (a) The annuity contract is under an annuity plan which meets the requirements of Section 403(b) of the Internal Revenue Code of 1954 of the United States as amended by the Employment Retirement Income Security Act of 1974 (P.L. 93-406). (b) The employee makes application to the trustees for such purchase and reduction of salary. (c) All provisions of the Insurance Code applicable to the purchase of such annuities are satisfied. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89505.5. Source version: id_fff9f845-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Officers and employees of the California State University may participate in the deferred compensation plan established pursuant to Section 19993 of the Government Code upon compliance with the statutory prerequisites for participation in the plan. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1983, Ch. 1040, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89506. Source version: id_fff9f847-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The trustees, subject to such conditions as they may establish, may enter into contracts of group life insurance and contracts of group disability insurance or protection with respect to any class of their employees they may designate or with respect to all such employees, with any insurer, medical service plan, or nonprofit hospital service plan corporation they may select; provided, that all applicable provisions of state law relating to any such coverage, or to the qualifications of the provider of coverage, are satisfied. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89507. Source version: id_fff9f849-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The trustees, subject to any conditions which the trustees may impose, may establish programs of insurance with respect to any class of employees of the trustees which the trustees may designate or with respect to all of the employees of the trustees, with any insurer or insurers, insurance broker or brokers, or insurance agent or agents, the trustees may select, provided that all applicable provisions of the Insurance Code relating to the insurance, or to the qualifications of the insurer, broker, or agent, are satisfied. The premiums of the programs of insurance shall be borne by the employees, employer, or employees and employer participating therein. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1986, Ch. 1054, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89508. Source version: id_fffb7eeb-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Each person holding a four-year term appointment under Section 80507 on June 30, 1961, regardless of when the term commenced, shall on that date be entitled to all personnel benefits and rights under the law which would have attached to the person’s position if he or she had been appointed and had served throughout his or her state university employment under the provisions of law applicable to persons serving under appointments made pursuant to Article 2 (commencing with Section 89530). On and after July 1, 1961, the person shall be entitled to all personnel benefits and rights conferred by Section 66609 upon state employees appointed pursuant to Article 2 and transferred to the Trustees of the California State University by that section. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 126.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89510. Source version: id_fffb7eed-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The trustees may grant a leave of absence without compensation to any nonacademic employee. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89511. Source version: id_633c640e-ca2d-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) (1) The California State University shall grant to any employee, upon a request that provides at least 30 days notice before commencement, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of any California State University campus public employee organization or any statewide or national public employee organization with which the university campus organization is affiliated. (2) When possible, the employee shall provide the request described in paragraph (1) at least 30 days before the start of the academic term during which the leave will occur. (b) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the university or a campus of the university as employer. Required retirement contributions shall include the amount necessary to pay any unfunded liability cost for the retirement plan. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by Chapter 8 (commencing with Section 20671) of Part 3 of Division 5 of Title 2 of the Government Code. The maximum amount of the service credit earned shall not exceed 12 calendar years. Any employee who serves as a full-time officer of a public employee organization shall not be eligible for disability benefits under the Public Employees’ Retirement System while on the leave of absence. (c) Following the university’s or campus of the university’s payment of the employee for the leave of absence, the university or campus of the university shall be reimbursed by the employee organization of which the employee is an elected officer for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the certification of payment of compensation to the employee. (d) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by Section 3569 of the Government Code. (Added by Stats. 2016, Ch. 569, Sec. 1. (AB 2294) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89512. Source version: id_3f11338a-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Upon the expiration of the leave of absence granted pursuant to Section 89510 or 89511, the employee to whom the leave of absence was granted is entitled to reinstatement in the position the employee held at the time the leave of absence was granted, if the position is still in existence, or to any other comparable existing vacant position for which the employee is qualified. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2016, Ch. 569, Sec. 2. (AB 2294) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89513. Source version: id_fffb7ef1-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Every employee who has entered or who hereafter enters the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service created or authorized as such auxiliary by the Congress of the United States of America or by the Legislature of the State of California, or in the full-time paid service of the American Red Cross, during any period of national emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, shall be deemed to have been entitled or shall be entitled to absent himself from his duties. Within six months after such employee honorably leaves such service or has been placed on inactive duty he shall be entitled to return to the position held by him at the time of his entrance into such military service, at the salary to which he would have been entitled had he not absented himself from his duties. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89514. Source version: id_fffd0593-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The time during which an employee of the trustees is on leave of absence without compensation shall not be credited toward retirement under any retirement system of the state. If such employee receives compensation during such leave of absence the time for which he receives such compensation shall be credited toward retirement. The period of any leave of absence shall not be construed as a break in the continuity of service required toward retirement. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89515. Source version: id_fffd0595-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. The trustees shall eliminate all policies which detrimentally and unreasonably affect the employment status of females hired by the California State University. To accomplish this purpose, the trustees shall do all of the following: (a) Review hiring, wages, job classifications, and advancement practices as applied to female employees and take corrective measures where inequities exist. (b) Review selection procedures utilized for employment of female employees to determine disparate selection practices. (c) Assure opportunity of advancement for qualified female employees to executive positions within departments and divisions. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 127.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89516. Source version: id_fffd0597-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. The trustees may establish rules and regulations which allow academic teaching employees, librarians, counselors, and student affairs officers to reduce their workload from full-time to part-time duties. Such regulations shall include but shall not be limited to the following if such employees wish to reduce their workload and maintain retirement benefits pursuant to Section 20815 of the Government Code: (a) The employee must have reached the age of 55 prior to reduction in workload. (b) The employee must have been employed full-time as an academic employee for at least 10 years of which the immediately preceding five years were full-time employment. For purposes of this subdivision, sabbatical and other approved leaves shall not constitute a break in service. However, time spent on sabbatical or on other approved leaves shall not be used in satisfying the five-year full-time employment requirement. (c) The option of part-time employment must be exercised at the request of the employee and can be revoked only with the mutual consent of the employer and the employee. (d) The employee shall be paid a salary which is the pro rata share of the salary the employee would be earning had the employee not elected to exercise the option of part-time employment but shall retain all other rights and benefits for which the employee makes the payments that would be required if the employee remained in full-time employment. The employee shall receive health benefits in the same manner as a full-time employee. This section shall only be applicable to academic teaching employees, librarians, counselors, and student affairs officers who receive no higher salary than the maximum paid to a department chairman. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89516.5. Source version: id_82067c86-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. Whenever possible: (a) Part-time faculty should be informed of assignments at least six weeks in advance. (b) Part-time faculty should be paid for the first week of an assignment when class is canceled less than two weeks before the beginning of a semester. If a class meets more than once per week, part-time faculty should be paid for all classes that were scheduled for that week. (c) The names of part-time faculty, once they are assigned to a course, should be listed in the schedule of classes rather than just described as “staff” or “faculty.” (d) The names of part-time faculty, once they are assigned to a course, should be listed in the course schedule provided to students, faculty, and staff, rather than just described as “staff” or “faculty.” (e) Part-time faculty should be considered to be an integral part of their departments and given all the rights normally afforded to full-time faculty in the areas of book selection, participation in department activities, and the use of college resources, including, but not limited to, telephones, copy machines, supplies, office space, mailboxes, clerical staff, library, and professional development. (Added by Stats. 2024, Ch. 418, Sec. 2. (AB 2834) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89517. Source version: id_fffd0599-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The minimum and maximum salary limits for laborers, workmen, and mechanics employed on an hourly or per diem basis need not be uniform throughout the state, but the trustees shall ascertain, as to each such position, the general prevailing rate of such wages in the various localities of the state. In fixing such minimum and maximum salary limits within the various localities of the state, the trustees shall take into account the prevailing rates of wages in the localities in which the employee is to work and other relevant factors, and shall not fix the minimum salary limits below the general prevailing rate so ascertained for the various localities. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89518. Source version: id_fffd059b-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Any librarian employed by the trustees on a 12-month basis in a fiscal year has the right to elect to be employed for one or more fiscal years on a 10-month basis. The compensation of any librarian making the election shall be reduced for any such fiscal year in the same proportion as the compensation of instructional academic employees whose fiscal year employment basis is changed from a 12-month basis to a 10-month basis. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89519. Source version: id_fffd059d-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The trustees shall grant a leave of absence without pay for the purposes of the pregnancy, childbirth or the recovery therefrom of a female employee, for a period as determined by the employee not exceeding one year to any permanent employee under the jurisdiction of the trustees. When the employee has notified the trustees as to the period of the leave of absence required, any change in the length of the period of leave shall not be effective unless approved by the trustees. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89519.5. Source version: id_7ce2970f-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Subject to subdivision (c), the trustees shall grant to an employee, who has exhausted all available sick leave, the following leaves of absence with pay: (1) A leave of absence, not exceeding 30 days in a one-year period, to an employee who is an organ donor, for the purpose of donating the employee’s organ to another person. (2) A leave of absence, not exceeding five days in a one-year period, to an employee who is a bone marrow donor, for the purpose of donating the employee’s bone marrow to another person. (b) Subject to subdivision (c), the trustees shall grant an additional unpaid leave of absence, not exceeding 30 business days in a one-year period, to an employee who has exhausted all available sick leave and is an organ donor, for the purpose of donating the employee’s organ to another person. (c) To receive a leave of absence pursuant to subdivision (a) or (b), an employee shall provide written verification to the trustees that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. (d) Any period of time during which an employee is required to be absent from the employee’s position by reason of being an organ or bone marrow donor is not a break in the employee’s continuous service for the purpose of the employee’s right to salary adjustments, sick leave, vacation, annual leave, or seniority. (e) If an employee is unable to return to work beyond the time or period that the employee is granted leave pursuant to this section, the employee shall be paid any vacation balance, annual leave balance, or accumulated compensable overtime. The payment shall be computed by projecting the accumulated time on a calendar basis as though the employee was taking time off. If, during the period of projection, the employee is able to return to work, the employee shall be returned to the employee’s former position. (f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 316, Sec. 1. (AB 1223) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89520. Source version: id_fffeb351-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The provisions of Article 4.5 (commencing with Section 19400) of Chapter 7 of Part 2 of Division 5 of the Government Code, relating to upward mobility, shall be applicable to the California State University System. The trustees shall administer the program for its employees and shall have the powers and duties with respect to employees of the California State University System, as are given to the State Personnel Board in Article 4.5 (commencing with Section 19400) of Chapter 7 of Part 2 of Division 5 of the Government Code, with respect to state civil service employees. In the event of conflict between the provisions of Article 4.5 (commencing with Section 19400) of Chapter 7 of Part 2 of Division 5 of the Government Code and the antidiscrimination and affirmative action requirements of Title VI and Title VII of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972, as amended; Executive Order Number 11246, as amended, and the rules and regulations adopted under each of these, the federal law shall prevail. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 128.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89521. Source version: id_6e84c18e-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) The trustees shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with the California State University, do all of the following: (1) (A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment. (B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education. (2) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the campus of the California State University concerning any substantiated allegations of misconduct in order to permit the campus to evaluate the released information with respect to the criteria for a potential job placement. (3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require campuses of the California State University to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct. (b) The California State University shall not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in subdivision (a), including any inquiry about an applicable decision on any employment application, until the California State University has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position. (c) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same campus. (2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing. (3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court. (4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer. (5) “Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations. (6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence. (Amended (as added by Stats. 2023, Ch. 415, Sec. 2) by Stats. 2024, Ch. 673, Sec. 5. (AB 810) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89522. Source version: id_fffeb353-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. All applications for appointment to academic, administrative and nonacademic positions shall include a place for listing volunteer experience and such experience shall be considered if it is relevant to the position being applied for. (Added by Stats. 1979, Ch. 544.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89523. Source version: id_fffeb355-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Any employee who, immediately prior to becoming an employee, was an employee of an auxiliary organization as provided in Section 89900, and whose functions and employment were, subsequent to January 1, 1969, transferred to and assumed by a state university or college, shall be entitled to accumulate credit for vacation at the rate to which he or she would have been entitled if his or her employment by the auxiliary organization had been employment by a state university or college. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1983, Ch. 1040, Sec. 6.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89524. Source version: id_fffeb357-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) Any employee who, immediately prior to becoming an employee, was an employee of an auxiliary organization as provided in Section 89900, and whose functions and employment were, subsequent to January 1, 1969, transferred to and assumed by a state university or college, shall be entitled to retain accumulated sick leave, and to accumulate sick leave credit as if his or her employment by the auxiliary organization had been employment by a state university or college. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1983, Ch. 1040, Sec. 7.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89525. Source version: id_fffeb359-291e-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. When an employee uses sick leave or vacation, or both, because of an injury compensable under the Labor Code, and the California State University is reimbursed by a third person for its damages by reason of this use, there shall be granted, for credit to the employee’s sick leave or vacation account, sick leave or vacation equivalent to the amount so used or proportionately if reimbursement is only in part. If the California State University does not collect from the third person the full amount of the compensation paid and other damages for which it is liable to the employee, and if the amount collected is not itemized so that there may be ascertained the amount collected in reimbursement for the sick leave or vacation used, the sick leave or vacation to be credited shall be in the same ratio to the sick leave or vacation used as the total amount collected bears to the total amount of the California State University’s damages. “Sick leave” or “vacation,” as used in this rule, includes sick leave or vacation credit used to augment disability indemnity. (Added by Stats. 1983, Ch. 1040, Sec. 8.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89526. Source version: id_0409b0c8-7fc3-11f1-bb32-59ebc77cabfb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) For purposes of this section, the following definitions apply: (1) “Campus” means a campus of the California State University. (2) “Chancellor’s office” means the office of the Chancellor of the California State University. (b) The chancellor’s office shall annually develop enrollment targets for each campus. These enrollment targets shall be informed by the campus’s actual enrollment history, demographics, funding, and other factors determined by the chancellor’s office. (c) On or before February 15 of each year, the chancellor’s office shall report the enrollment targets developed under subdivision (b) for the following fiscal year to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Department of Finance. (d) The chancellor’s office shall include, in the report described in subdivision (c), enrollment data trends that provide a comparison of actual enrollment and the enrollment targets under subdivision (b), disaggregated by campus. (e) If the chancellor’s office determines that a campus has experienced an unusual decline in enrollment, cannot meet enrollment the targets under subdivision (b), or has failed to meet past enrollment targets under subdivision (b), the chancellor’s office may require a campus to complete a turnaround plan that details how the campus’s budget may be adjusted to reflect the campus’s actual enrollment. The chancellor’s office shall provide a copy of all data collected and reported under this section to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and the Department of Finance. (f) A report submitted under this section shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2026, Ch. 79, Sec. 29. (SB 135) Effective July 13, 2026.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89527. Source version: id_000039fb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) An officer or employee who is or may be entitled to temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code shall receive any accumulated sick leave, or accumulated compensable overtime, or accumulated vacation for the absence. The trustees shall decrease the charge of sick leave, or compensable overtime, or vacation in the amount of temporary disability payment received so that the officer or employee shall not receive payment in excess of full salary or wage. If an officer or employee does not wish to use his or her accumulated sick leave, or accumulated compensable overtime, or accumulated vacation, he or she shall notify his or her appointing power within 15 days after the injury is reported to the appointing power. After the 15 days his or her accumulations shall be used until the date he or she notifies the appointing power in writing that he or she no longer wishes to use the accumulations. When computing sick leave, or overtime, or vacation under this section the employee shall be given credit for any holidays that occur during the period of absence hereunder. He or she is, nevertheless, entitled to medical, surgical, and hospital treatment as provided in the Labor Code. When his or her accumulated sick leave, or overtime, or vacation, or all, are exhausted, he or she is still entitled to receive disability indemnity. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1983, Ch. 1040, Sec. 10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1. General Provisions [89500 - 89528] SECTION 89528. Source version: id_000039fd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1. (a) In order to improve the recruitment and retention of faculty in specified academic disciplines, the trustees shall establish a supplemental salary program. Each fiscal year, the trustees shall identify both of the following: (1) Those academic disciplines for which recruiting and retaining competent faculty has been a problem because the faculty salaries generally applicable are not competitive with salaries offered by industry or by other educational institutions. (2) Those faculty members in the academic disciplines identified pursuant to paragraph (1) who shall qualify for participation in the supplemental salary program. The memorandum of understanding between the trustees and the appropriate faculty bargaining unit shall specify the implementation plan for the supplemental salary program. (b) This section shall be operative only for those years in which the Budget Act appropriates funds specifically for the supplemental salary program pursuant to this section. (c) If this section is in conflict with a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1984, Ch. 1304, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529. Source version: id_0001c0a1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. (a) This article applies to employees of the trustees who are members of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on and after July 1, 1974. (b) This article also applies to a participant in the optional retirement program pursuant to Chapter 5.5 (commencing with Section 89600), provided that he or she would otherwise be eligible to participate in the Public Employees’ Retirement System except for the election to participate in the optional retirement program. (c) This article does not apply to employees of the trustees who are included in the provisions of Article 6 (commencing with Section 4800) of Chapter 2 of Part 2 of Division 4 of the Labor Code. (Amended by Stats. 1996, Ch. 385, Sec. 1. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.01. Source version: id_0001c0a3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.02. Source version: id_0001c0a5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. As used in this article: (a) “Industrial disability leave” means temporary disability as defined in Divisions 4 (commencing with Section 3200) and 4.5 (commencing with Section 6100) of the Labor Code and includes any period in which the disability is permanent and stationary and the disabled employee is undergoing vocational rehabilitation. (b) “Full pay” means the gross base pay earnable by the employee and subject to retirement contribution if he or she had not vacated his or her position. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.03. Source version: id_0001c0a7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. If an employee is temporarily disabled by illness or injury arising out of and in the course of state employment, he or she shall become entitled, regardless of his or her period of service, to receive industrial disability leave and payments, in lieu of workers’ compensation temporary disability payments and payment under Section 89527, for a period not exceeding 52 weeks within two years from the first day of disability. The payments shall be in the amount of the employee’s full pay less withholding based on his or her exemptions in effect on the date of his or her disability for federal income taxes, state income taxes, and social security taxes not to exceed 22 working days of disability subject to Section 89529.08. Thereafter, the payment shall be two-thirds of full pay. Payments shall be additionally adjusted to offset disability benefits, excluding those disability benefits payable from the State Teachers’ Retirement System, the employee may receive from other employer-subsidized programs, except that no adjustment will be made for benefits to which the employee’s family is entitled up to a maximum of three-quarters of full pay. Contributions to the Public Employees’ Retirement System or the State Teachers’ Retirement System shall be deducted in the amount based on full pay. Discretionary deductions of the employee including those for coverage under a state health benefits plan in which the employee is enrolled shall continue to be deducted unless canceled by the employee. State employer contributions to the Public Employees’ Retirement System and state employer normal retirement contributions to the State Teachers’ Retirement System shall be made on the basis of full pay and state contributions pursuant to Sections 22871 and 22885 of the Government Code because of the employee’s enrollment in a health benefits plan shall continue. (Amended by Stats. 2004, Ch. 69, Sec. 3. Effective June 24, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.04. Source version: id_0001c0a9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. An employee who is receiving industrial disability leave benefits shall continue to receive all employee benefits which he or she would have received had he or she not incurred disability. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.05. Source version: id_0003474b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. The disabled employee shall not receive temporary disability indemnity or sick leave or annual leave with pay for any period for which he or she receives industrial disability leave; however, he or she may elect to waive the provisions of this article and to receive disability indemnity pursuant to Divisions 4 (commencing with Section 3200) and 4.5 (commencing with Section 6100) of the Labor Code and to receive payments under Section 89527 in lieu of the benefits provided in this article. If the amount of the employee’s benefits payable under this article is less than the amount he or she would receive under Divisions 4 (commencing with Section 3200) and 4.5 (commencing with Section 6100) of the Labor Code, the employee shall be deemed to have rejected the benefits of this article and shall be paid benefits pursuant to Divisions 4 (commencing with Section 3200) and 4.5 (commencing with Section 6100) of the Labor Code. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.06. Source version: id_0003474d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. Division 4.7 (commencing with Section 6200) of the Labor Code shall not apply to employees to which this article applies. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.07. Source version: id_0003474f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. If an employee continues to be temporarily disabled after termination of benefits under this article, he or she shall be entitled to the benefits provided by Division 4 (commencing with Section 3200) and 4.5 (commencing with Section 6100) of the Labor Code and to payments under Section 89527. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.08. Source version: id_00034751-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. (a) If an illness or injury causes temporary disability, the employee shall be placed on industrial disability leave on the fourth calendar day after the injured employee leaves work as the result of the illness or injury, except that in case the injury causes disability of more than 14 days or necessitates hospitalization, the employee shall be placed on industrial disability leave from the first day he or she leaves work or is hospitalized as a result of the injury. (b) Notwithstanding subdivision (a), the disability payment shall be made from the first day the injured employee leaves work as a result of the injury, if the injury is the result of a criminal act of violence against the employee. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.09. Source version: id_00034753-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. Payments shall be contingent on the complete medical certification of the illness or injury including diagnosis and any prognosis of recovery. Further, payments shall be contingent on the employee’s agreement to cooperate and participate in a reasonable and appropriate vocational rehabilitation plan when furnished by the state subject to appropriate medical approval as determined by the trustees. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.10. Source version: id_00034755-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. The trustees or its designee shall adopt any rules and regulations necessary for the administration of this article for its employees. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.1. Industrial Disability Leave [89529 - 89529.11] SECTION 89529.11. Source version: id_00034757-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.1. (a) This article shall be effective upon the adoption of applicable rules and regulations, but not later than January 1, 1975. (b) The reenactment of this article at the 1987–88 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. (Added by Stats. 1988, Ch. 670, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.15. Source version: id_0004cdfb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. As used in this article: (a) “Employee” means any of the following: (1) A permanent or probationary full-time employee of the trustees, regardless of period of service, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after October 1, 1976. (2) A permanent or probationary part-time or intermittent employee of the trustees with at least the equivalent of six monthly compensated pay periods of service in the 18 months of pay periods immediately preceding the pay period in which the disability begins, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after January 1, 1979. (3) In addition to those eligible under paragraph (1), an employee of the trustees appointed half-time or more for one year of service or one academic year, as defined by the trustees, or more, who is a member of the Public Employees’ Retirement System or the State Teachers’ Retirement System in compensated employment on or after January 1, 1979. (4) A permanent or probationary full-time employee of the trustees, regardless of period of service, who is a participant in the optional retirement program pursuant to Chapter 5.5 (commencing with Section 89600), provided that he or she would otherwise be eligible to participate in the Public Employees’ Retirement System except for the election to participate in the optional retirement program. (b) “Full pay” means the gross base salary earnable by the employee and subject to retirement contribution on the date of the commencement of his or her disability. (c) “Disability” or “disabled” includes mental or physical illness and mental or physical injury including any illness or injury resulting from pregnancy, childbirth, or related medical condition. An employee is deemed disabled on any day in which, because of his or her physical, mental, or medical condition, he or she is unable to perform his or her regular or customary work. (d) “Disability benefit period”, with respect to any individual, means the continuous period of disability beginning with the first day with respect to which the individual files a valid claim for nonindustrial disability benefits. For the purpose of this article, two consecutive periods of disability due to the same or related cause or condition and separated by a period of not more than 14 days shall be considered as one disability benefit period. (e) “Appeals board” means the California Unemployment Insurance Appeals Board. (Amended by Stats. 1996, Ch. 385, Sec. 2. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.16. Source version: id_0004cdfd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. If the provisions of this article are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.17. Source version: id_0004cdff-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. (a) When an employee is disabled, whether temporarily or permanently, the employee shall become entitled, subject to the provisions of this article, to receive nonindustrial disability benefits in an amount equal to one-half pay, but not to exceed one hundred twenty-five dollars ($125) per week, payable monthly for a period not exceeding 26 weeks for any one disability benefit period, but in no case shall benefits be payable for any day on and after death or separation or retirement from state service. (b) For purposes of this section, the “full pay” of a part-time or intermittent employee only shall be established in accordance with the following: (1) Where the part-time employment is regularly scheduled and is a fixed proportion of the established workweek, the payments shall be determined on the basis of that proportionate part of the monthly rate. (2) Where employment is intermittent or irregular, the payments shall be determined on the basis of the proportionate part of a monthly rate established by the total hours actually employed in the 18 monthly pay periods immediately preceding the pay period in which the disability begins as compared to the regular rate for a full-time employee in the same group or class. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.18. Source version: id_0004ce01-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. A disabled employee is eligible to receive nonindustrial disability benefits under this article equal to one-seventh of his or her weekly benefit amount specified in Section 89529.17 for each full day during which he or she is unemployed due to a disability only if the Director of Employment Development finds that: (a) He or she has made a claim for disability benefits as required by authorized regulations. (b) He or she has been disabled for a waiting period of seven consecutive days during each disability benefit period with respect to which waiting period no benefits under this article are payable except for confinement in a hospital or nursing home for at least one day. (c) He or she has exhausted all sick leave to which he or she was entitled under Article 1 (commencing with Section 89501) of this chapter. (d) Except for an individual described in Section 2709 of the Unemployment Insurance Code, he or she has submitted to such reasonable examinations as the Director of Employment Development may require for the purpose of determining his or her mental or physical disability. (e) He or she has filed a certificate described in Section 2708 or 2709 of the Unemployment Insurance Code. (f) Except as otherwise provided, he or she meets, in all respects, the eligibility requirements imposed on individuals by Part 2 (commencing with Section 2601) of Division 1 of the Unemployment Insurance Code for receipt of umemployment compensation disability benefits. In case of any conflict between Part 2 (commencing with Section 2601) of the Unemployment Insurance Code and this article, this article shall prevail. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.19. Source version: id_000654a3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. A disabled employee shall be eligible to receive nonindustrial disability benefits under this article without being required to use any vacation leave accrued under Article 1 (commencing with Section 89501) of this chapter, unless the employee, in his or her sole discretion, elects to use the vacation leave in lieu of receiving benefits under this article, in which case benefits under this article shall not commence until the employee has exhausted the accrued vacation leave. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.20. Source version: id_000654a5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. An employee is not eligible for disability benefits under this article with respect to any period for which the Director of Employment Development finds that he or she has received or is entitled to receive unemployment compensation benefits under Part 1 (commencing with Section 100) of Division 1 of the Unemployment Insurance Code or under an unemployment compensation act of any other state or of the federal government. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.21. Source version: id_000654a7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. (a) Except as provided in this section, an individual is not eligible for disability benefits under this article for any day of unemployment and disability for which he or she has received, or is entitled to receive, “other benefits” in the form of cash payments. (b) “Other benefits”, as used in this section, means: (1) Temporary disability indemnity under a workers’ compensation law of this state or of any other state or of the federal government or under Article 1.1 (commencing with Section 89529). (2) Temporary disability benefits under any employer’s liability law of this state or of any other state or of the federal government. (c) If such “other benefits” are less than the amount an individual would otherwise receive as disability benefits under this article, he or she shall be entitled to receive, for that day, if otherwise eligible, disability benefits under this article reduced by the amount of the “other benefits”. If after receipt of, or determination of entitlement to receive, such other benefits, a claim for disability benefits under this article is filed during the same continuous period of disability, because of a disability for which a claim for the other benefits was made, the maximum amount of disability benefits payable under this article during the disability benefit period thereby established shall be reduced by the amount of the “other benefits” which the claimant has received or has been determined to be entitled to receive. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.22. Source version: id_000654a9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. Discretionary deductions of the employee, including those for coverage under a state health benefits plan in which an employee is enrolled, shall be deducted from the disability benefits under this article unless canceled by the employee. If an employee deduction under a state health benefits plan is continued, the state employer contribution shall also continue. An employee shall not receive service credit under the Public Employees’ Retirement System or the State Teachers’ Retirement System during the period of receipt of disability benefits under this article and contributions to the Public Employees’ Retirement System or the State Teachers’ Retirement System shall not be deducted. State employer contribution shall also not be made to either system during that period. An employee shall not accrue sick leave or vacation credit or service credit for any other purpose during the period of receipt of disability benefits under this article. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.23. Source version: id_000654ab-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. Filing, determination, and payment of disability benefit claims under this article shall be made in accordance with the procedures prescribed by Article 4 (commencing with Section 2701) of Chapter 2 of Part 2 of Division 1 of the Unemployment Insurance Code. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.24. Source version: id_000654ad-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. The trustees shall adopt any rules and regulations necessary for the administration of this article for employees of the California State University. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 1.2. Nonindustrial Disability Insurance [89529.15 - 89529.25] SECTION 89529.25. Source version: id_0007db4f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=1.2. The reenactment of this article at the 1987–88 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law. (Added by Stats. 1988, Ch. 670, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89530. Source version: id_0007db53-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) As used in this article, unless the context otherwise requires: (1) “Dismissal” means dismissal for cause. (2) “Layoff” means separation from a position for lack of funds or lack of work. (3) “Probation” means the period an employee must serve before becoming entitled to permanent employment. (4) “Permanent” means that the employee has a right to continued employment unless dismissed or laid off. (b) This article does not apply to the California State University presidents. (c) This article does not apply to student assistants. (Amended by Stats. 1983, Ch. 143, Sec. 129.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89531. Source version: id_000961f5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) Every nonacademic employee shall be appointed for one year which is a probationary period. On reappointment for the second year, the employee shall be permanent at the same level and salary step or higher salary step as at completion of the probationary year. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89532. Source version: id_000961f7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) All vacant or newly established nonacademic positions shall, as far as consistent with federal, state, and campus affirmative action guidelines and the best interests of the California State University, be filled from qualified nonacademic employees currently employed by the California State University. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1982, Ch. 796, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89533. Source version: id_000961f9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) Any nonacademic employee shall be required to serve only one probationary period to gain permanent status in a position or in a substantially similar position. If such an employee is promoted to a position with substantially different duties or to a position that requires additional duties and abilities, he shall serve an additional probationary period; but if he does not become permanent in the new position, he shall have the right to return to any class in which he was permanent or to the class in which he was serving before his promotion. An employee who is promoted before he completed the probationary period in the lower class and is returned to such class without having become permanent in the new position shall receive credit toward permanent status in the lower class for the period of time he had previously performed satisfactorily therein. An employee who is promoted before he completed the probationary period in the lower class shall earn permanent status in the lower class at the end of one year from the original appointment date in the lower class, provided the duties in the higher class are substantially similar to the duties in the lower class and the employee’s performance in both classes has been satisfactory. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89534. Source version: id_000961fb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) The trustees shall adopt rules prescribing the form, time and method of notice of rejection at any time during the probationary period to any probationary nonacademic employee, or notice of intention not to recommend reappointment of an academic employee for the succeeding year to any such employee not having permanent status. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89535. Source version: id_000961fd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. Any permanent or probationary employee may be dismissed, demoted, or suspended for the following causes: (a) Immoral conduct. (b) Unprofessional conduct. (c) Dishonesty. (d) Incompetency. (e) Addiction to the use of controlled substances. (f) Failure or refusal to perform the normal and reasonable duties of the position. (g) Conviction of a felony or conviction of any misdemeanor involving moral turpitude. (h) Fraud in securing appointment. (i) Drunkenness on duty. (Amended by Stats. 1984, Ch. 1635, Sec. 39.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89536. Source version: id_000961ff-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. Any permanent or probationary employee who is physically or mentally unfit for the position occupied may be suspended, demoted, or dismissed pursuant to the provisions of Sections 89538, 89539, and 89540. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89536.1. Source version: id_000ae8a1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) If, after considering the conclusions of a medical examination or medical reports from an employee’s physician or other pertinent information, the trustees determine that the employee is unable to perform the work of his or her present position or any other position in the state university system, and the employee is eligible for, and does not waive the right to, retire for disability, the trustees shall file an application for disability retirement on the employee’s behalf. The trustees shall give the employee 15 days’ written notice of their intention to file the application and a reasonable opportunity to respond prior to the filing of the application. However, the decision to file the application is final, and is not appealable to the State Personnel Board. (b) Notwithstanding Section 21153 of the Government Code, upon filing the application for disability retirement, the trustees may remove the employee from his or her job and place the employee on involuntary leave status. The employee may use any accrued leave during the period of the involuntary leave. If the employee’s leave credits and programs are exhausted, or if they do not provide benefits that are at least equal to the estimated retirement allowance, the trustees shall pay the employee an additional temporary disability allowance so that the employee receives payment that is equal to the estimated retirement allowance. The trustees shall continue to make all employer contributions to the employee’s health insurance plan during the period of involuntary leave. (c) If the application for disability retirement is subsequently granted, the retirement system shall reimburse the trustees for the temporary disability allowance, which shall be deducted from any back disability retirement benefits that are otherwise payable to the employee. If the application is denied, the trustees shall reinstate the employee to his or her position, with back salary and benefits, less any temporary disability allowance paid by the trustees. The trustees shall also restore any leave credits that the employee used during the period of the involuntary leave. (Added by Stats. 2003, Ch. 213, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89537. Source version: id_000ae8a3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. “Unprofessional conduct” as used in Section 89535 includes, but is not limited to, willful advocacy of the overthrow of the government of the United States or of the state, by force, violence or other unlawful means, either on or off the campus. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1995, Ch. 758, Sec. 266. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89538. Source version: id_000ae8a5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) Notice of dismissal, demotion, or suspension for cause of an employee shall be in writing, signed by the chancellor or his or her designee and be served on the employee. The notice shall set forth a statement of causes, the events or transactions upon which the causes are based, the nature of the penalty and the effective date, and a statement of the employee’s right to answer within 30 days and request a hearing before the State Personnel Board. (b) Notice of the reassignment of an administrative employee pursuant to Section 66609 shall be in writing, and shall be served on the employee. The notice shall set forth a statement of the employee’s right to answer within 30 days and request a hearing before the trustees. This hearing shall be only on the question of whether the position to which the employee is reassigned is commensurate with his or her qualifications. (Amended by Stats. 1999, Ch. 283, Sec. 1. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89539. Source version: id_000ae8a7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) (1) Any employee dismissed, suspended, or demoted for cause may request a hearing by the State Personnel Board by filing a request, in writing, with the board within 30 days of being served with the notice. (2) The request may be on any one or more of the following grounds: (A) The required procedure was not followed. (B) There is no ground for dismissal, suspension, or demotion. (C) The penalty is excessive, unreasonable, or discriminatory. (D) The employee did not do the acts or omissions alleged as the events or transactions upon which the causes are based. (E) The acts or omissions alleged as the events or transactions upon which the causes are based were justified. (b) The State Personnel Board shall hold a hearing, following the same procedure as in state civil service proceedings, and shall render a decision affirming, modifying, or revoking the action taken. In a hearing, the burden of proof shall be on the party taking the dismissal action. (c) An administrative employee reassigned pursuant to Section 66609 may request a hearing by the trustees by filing a request for a hearing, in writing, with the trustees within 30 days of being served with the notice. The request may be on the grounds that the required procedure was not followed or that the position to which the employee is reassigned is not commensurate with his or her qualifications. The trustees shall hold a hearing, and shall render a decision affirming, modifying, or revoking the action taken. (d) The State Personnel Board may bill the California State University for the costs incurred in conducting hearings involving employees of the California State University pursuant to Sections 89535 to 89542, inclusive. (Amended by Stats. 1999, Ch. 283, Sec. 2. Effective January 1, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89539.1. Source version: id_000ae8a9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. An employee who has been served with notice of dismissal, suspension, or demotion for cause, or a representative designated by the employee, shall have the right to inspect any documents in the possession of, or under the control of, the trustees that are relevant to the action taken or that would constitute “relevant evidence,” as defined in Section 210 of the Evidence Code. (Added by Stats. 2003, Ch. 846, Sec. 1. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89539.2. Source version: id_3e1fb89b-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) Any party claiming that his or her request for discovery pursuant to Section 89539.1 has not been complied with may serve and file a petition to compel discovery with the Hearing Office of the State Personnel Board, naming as the respondent the party refusing or failing to comply with Section 89539.1. The petition shall state facts showing that the respondent failed or refused to comply with Section 89539.1, a description of the matters sought to be discovered, the reason or reasons why the matter is discoverable under Section 89539.1, and the ground or grounds for the respondent’s refusal so far as known to the petitioner. (b) (1) The petition shall be served upon the respondent, and filed within 14 days after the respondent first evidenced his or her failure or refusal to comply with Section 89539.1, or within 30 days after the request was made and the party has failed to reply to the request, whichever period is longer. However, no petition may be filed within 15 days of the date set for commencement of the administrative hearing, except upon a petition and a determination by the administrative law judge of good cause. In determining good cause, the administrative law judge shall consider the necessity and reasons for the discovery, the diligence or lack of diligence of the moving party, whether the granting of the petition will delay the commencement of the administrative hearing on the date set, and the possible prejudice of the action to any party. (2) The respondent shall have a right to file a written answer to the petition. Any answer shall be filed with the Hearing Office of the State Personnel Board and the petitioner within 15 days of service of the petition. (3) Unless otherwise stipulated by the parties and as provided by this section, the administrative law judge shall review the petition and any response filed by the respondent, and issue a decision granting or denying the petition within 20 days after the filing of the petition. Nothing in this section shall preclude the administrative law judge from determining that an evidentiary hearing shall be conducted prior to the issuance of a decision on the petition. In the event that a hearing is ordered, the decision of the administrative law judge shall be issued within 20 days of the closing of the hearing. (4) A party aggrieved by the decision of the administrative law judge may, within 30 days of service of the decision, file a petition to compel discovery in the superior court for the county in which the administrative hearing will be held or in the county in which the headquarters of the trustees is located. The petition shall be served on the respondent. (c) If, from a reading of the petition, the court is satisfied that the petition sets forth good cause for relief, the court shall issue an order to show cause directed to the respondent; otherwise the court shall enter an order denying the petition. The order to show cause shall be served upon the respondent and his or her attorney of record in the administrative proceeding by personal delivery or certified mail, and shall be returnable no earlier than 10 days from its issuance nor later than 30 days after the filing of the petition. The respondent shall have the right to serve and file a written answer or other response to the petition and order to show cause. (d) The court may, in its discretion, order the administrative proceeding stayed during the pendency of the proceeding, and, if necessary, for a reasonable time thereafter to afford the parties time to comply with the court order. (e) If the matter sought to be discovered is under the custody or control of the respondent and the respondent asserts that the matter is not a discoverable matter under Section 89539.1, or is privileged against disclosure under Section 89539.1, the court may order lodged with it matters that are provided in subdivision (b) of Section 915 of the Evidence Code, and shall examine the matters in accordance with the provisions thereof. (f) The court shall decide the case on the matters examined by the court in camera, the papers filed by the parties, and any oral argument and additional evidence as the court may allow. (g) Unless otherwise stipulated by the parties, the court shall, no later than 45 days after the filing of the petition, file its order denying or granting the petition. However, the court may, on its own motion, for good cause, extend the time an additional 45 days. The order of the court shall be in writing, setting forth the matters or parts the petitioner is entitled to discover under Section 89539.1. A copy of the order shall forthwith be served by mail by the clerk upon the parties. If the order grants the petition in whole or in part, the order shall not become effective until 10 days after the date the order is served by the clerk. If the order denies relief to the petitioning party, the order shall be effective on the date it is served by the clerk. (h) (1) The order of the superior court shall be final and, except for this subdivision, shall not be subject to review by appeal. A party aggrieved by the order, or any part thereof, may, within 30 days after the service of the superior court’s order, serve and file in the district court of appeal for the district in which the superior court is located, a petition for a writ of mandamus to compel the superior court to set aside, or otherwise modify, its order. (2) If a review is sought from an order granting discovery, the order of the trial court and the administrative proceeding shall be stayed upon the filing of the petition for writ of mandamus. However, the court of appeal may dissolve or modify the stay thereafter, if it is in the public interest to do so. If the review is sought from a denial of discovery, neither the trial court’s order nor the administrative proceeding shall be stayed by the court of appeal except upon a clear showing of probable error. (i) If the superior court finds that a party or his or her attorney, without substantial justification, failed or refused to comply with Section 89539.1, or, without substantial justification, filed a petition to compel discovery pursuant to this section, or, without substantial justification, failed to comply with any order of court made pursuant to this section, the court may award court costs and reasonable attorney’s fees to the opposing party. Nothing in this subdivision shall limit the power of the superior court to compel obedience to its orders by contempt proceedings. (Amended by Stats. 2005, Ch. 22, Sec. 54. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89540. Source version: id_000c6f4d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. If the dismissal, suspension, or demotion or the reassignment is revoked or modified by the State Personnel Board or the trustees, the employee shall be restored to his position in accord with the decision, and shall be paid back salary equal to that which the employee would have earned if continuously employed in accord with the decision. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89541. Source version: id_000c6f4f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) Absence without leave of an employee, whether voluntary or involuntary, for five consecutive working days is an automatic resignation from state service, as of the last date on which the employee worked. An employee may within 90 days of the effective date of such separation file a written request with the State Personnel Board for reinstatement. If the appointing authority has notified the employee of his automatic resignation, any request for reinstatement must be in writing and filed within 15 days of the service of notice of separation. Notice may be personally served or it may be served by mail to the last known residence or business address of the addressee and is complete on mailing. Proof of service, either personal or by mail, shall be made by affidavit. Reinstatement may be granted only if the employee makes a satisfactory explanation to the board as to the cause of his absence and his failure to obtain leave therefor, and the board finds that he is ready, able, and willing to resume the discharge of the duties of his position or, if not, that he has obtained the consent of his appointing power to a leave of absence to commence upon reinstatement. Any employee so reinstated shall not be paid salary for the period of his absence or separation or for any portion thereof. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89542. Source version: id_000c6f51-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) If a petition to set aside the resignation of any employee is filed with the State Personnel Board within 30 days after the last date upon which services to the state university or college are rendered, or the date the resignation is tendered, whichever is later, the resignation may be set aside on the ground that it was given or obtained pursuant to or by reason of mistake, fraud, duress, undue influence, or that for any other reason it was not the free, voluntary, and binding act of the person resigning. The State Personnel Board shall hold a hearing and render a decision on the petition following the same procedure as in the state civil service procedures governing resignations from the state civil service. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisons of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89542.5. Source version: id_000c6f53-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) The Trustees of the California State University shall establish grievance and disciplinary action procedures for all academic employees, including all temporary employees who have been employed for more than one semester or quarter, whereby all of the following requirements are satisfied: (1) Grievances and disciplinary actions shall be heard by a faculty hearing committee composed of full-time faculty members, selected by lot from a panel elected by the campus faculty, which shall make a recommendation to the president of the state university. (2) The grievance or disciplinary hearing shall be open to the public at the option of the person aggrieved or the person charged in a disciplinary hearing. (3) Each party to the dispute shall have the right of representation by a faculty adviser or counsel of his or her choice and to be provided access to a complete record of the hearing. (4) If there is disagreement between the faculty hearing committee’s decision and the state university president’s decision, the matter shall go before an arbitrator whose decision shall be final. (5) The costs incurred in arbitration shall be paid by the state university. (6) If the parties cannot agree upon an arbitrator, either party may petition the Federal Mediation Service, the State Conciliation Service, or the American Arbitration Association for a list of seven qualified, disinterested persons, from which list each party shall alternate in striking three names, and the remaining person shall be designated as the arbitrator. (7) The grievance procedure established pursuant to this section shall be exclusive with respect to any grievance that is not subject to a State Personnel Board hearing. In the case of a grievance or disciplinary action that is subject to a State Personnel Board hearing, pursuant to Sections 89535 to 89539, inclusive, and Section 89542, the procedures provided for in those sections or those provided for in this section may be utilized. The academic employee shall have the choice of which procedures shall be utilized. (b) For purposes of this section, a “grievance” is an allegation by an employee that the employee was directly wronged in connection with the rights accruing to his or her job classification, benefits, working conditions, appointment, reappointment, tenure, promotion, reassignment, or the like. A grievance does not include matters, such as the salary structure, which require legislative action. (c) If a memorandum of understanding is agreed to pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, and it provides for merit pay for academic employees of the university, the arbitration provisions of this section shall not apply to grievances concerning merit pay. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2001, Ch. 808, Sec. 1. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89543. Source version: id_000df5f5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) The trustees shall adopt regulations for determination of the order in which nonacademic employees shall be laid off for lack of funds or because of lack of work. To the extent the trustees shall deem practical such regulations shall provide for layoff in the inverse order of employment. The trustees shall adopt rules governing the reemployment of nonacademic employees laid off, pursuant to this section. To the extent the trustees deem practical, such regulations shall include provision that for a period of five years following layoff, an employee shall have a preferential right to reemployment in the same or a comparable position, in the event of a vacancy. This preferential right shall give the employee laid off the right to reemployment in a position comparable to that from which he was laid off over any person not employed at the time the particular employee was laid off. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89544. Source version: id_000df5f7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) A permanent nonacademic employee may, with his consent and the approval of the trustees, be employed at less than full time and retain permanent status. Seniority credit and any other credit shall be gained only in the proportion the actual time employed is to full-time employment in the position. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89545. Source version: id_000df5f9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) Whenever a new campus of the California State University is established and an employee is transferred from an existing campus of the California State University to the newly established campus before or during the first academic year of the newly established campus, each employee so transferred shall be entitled to retain all sickness and injury, all sabbatical and other leave rights, and all seniority and tenure rights accumulated as an employee of the existing campus of the California State University as though the rights had been accumulated as an employee of the newly established campus of the California State University. Whenever the educational program of a newly established campus of the California State University is, during the first year of its existence, limited to an off-campus educational program rather than a regular educational program, any employee transferring from an existing campus of the California State University to the newly established campus of the California State University before or during the first three academic years of the newly established campus shall be entitled to retain all sickness and injury, all sabbatical and other leave rights, and all seniority and tenure rights accumulated as an employee of the existing campus as though the rights had been accumulated as an employee of the newly established campus. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 131.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2. Appointment, Tenure, Layoff and Dismissal of Employees [89530 - 89546] SECTION 89546. Source version: id_000f7c9b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2. (a) Every employee of a state university or college shall have the right to access to all reports, documents, correspondence, and other material which pertain to the employee which are kept by the university or college. Each employee shall also have the right to have another person of the employee’s choosing accompany the employee to inspect the employee’s records. (b) Upon written request, the employee shall, within 10 calendar days of the request, be provided an exact copy of all or any portion the employee desires of any of the items specified in subdivision (a). The employee shall bear the cost of duplicating such items. (c) If, after examination of the records pertaining to the employee, an employee believes that any portion of the material is not accurate, relevant, timely, or complete, the employee may request in writing correction of the record or deletion of the offending portion, or both. Such request shall include a written statement by the employee as to the corrections and deletions that the employee believes need to be made and the reasons therefor. This statement shall become part of the employee’s personnel file. (d) Within 21 calendar days of the request for correction of the record or deletion of the portion of the record objected to, or both, the president of the state university or college shall either accede to the employee’s request or notify the employee in writing of the president’s refusal to grant the request. If the president refuses to grant the request, the president shall state the reasons for the refusal in writing, and the written statement shall become part of the employee’s personnel file. (e) The remedies authorized by this section shall be in addition to any other remedy provided by law. (f) Personnel recommendations or decisions relating to the promotion, retention, termination, or any other personnel action shall be based primarily on material contained in the employee’s personnel file and open to the employee’s inspection. If a personnel recommendation or decision is based on any reasons not contained in the employee’s personnel file, the party making the recommendation or decision shall commit those reasons to writing, and the written statement of those reasons shall become part of the employee’s personnel file. (g) Preemployment materials shall be excluded from the requirements of this section, except as they may be considered in subsequent personnel actions. (h) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] SECTION 89550. Source version: id_000f7c9f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2.5. (a) It shall be the policy of the California State University to provide stability of employment by foreseeing and avoiding unnecessary reductions in staff. However, when this is not possible due to lack of funds or lack of work, the staff shall be reduced in accordance with this article. The classes or teaching service areas to be reduced and the employees therein to be laid off shall be determined, in accordance with the provisions of this article, by the president of the campus after consultation with the employees and others in the same classes, specializations within classes, or teaching service areas and other persons as appropriate, including faculty and administrators. The chancellor shall make all determinations for the office of the chancellor. (b) The office of the Chancellor of the California State University shall make a survey of all campuses in order to ascertain the availability of suitable positions where staff to be laid off may seek relocation. To the extent staff resources permit, similar efforts shall be made with respect to colleges and universities outside the California State University. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 132.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] SECTION 89551. Source version: id_000f7ca1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2.5. (a) Layoff of administrative and nonacademic employees shall be by class within a particular campus, or within the office of the chancellor. (b) Layoff of academic employees shall be by teaching service area within a campus. (c) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] SECTION 89552. Source version: id_000f7ca3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2.5. (a) Whenever a determination has been made that there is a lack of funds or lack of work, employees in a class or teaching service area to be reduced shall be laid off in the following order: (1) The Chancellor of the California State University or a president of a state university may, at his or her discretion, without regard to the class or teaching service area to be reduced, separate from service any student assistant, instructor for extension service, person employed on a temporary basis, or, with respect to employment in a summer session, any member of the faculty of a campus summer session. Persons described in this paragraph, if performing the same or comparable work as that performed by a probationary or permanent employee, shall be separated before any probationary or permanent employee desiring to continue in employment is laid off pursuant to the provisions of this article. (2) Probationary employees not employed on a temporary basis, without regard to length of service. (3) Permanent employees: (A) If the area of layoff is in administrative or nonacademic classes, permanent administrative and nonacademic employees in the inverse order of their length of employment both in the class and in class of equal or higher rank. (B) If the area of layoff is in class or rank positions, permanent academic employees in the inverse order of their length of employment at the campuses. (C) If the area of layoff is in the closely related academic area, permanent employees in the inverse order of their length of employment in the class or in classes of equal or higher level at the campuses. (b) If the layoff is in a class, part-time employees shall be credited with the service at the campus in the proportion that the actual time employed bears to full-time employment. If the layoff is in a teaching service area, part-time permanent employees shall be credited with service as permanent employees of the campus in the proportion that the actual time served as permanent employees bears to full-time employment. (c) In case two or more employees in the class or teaching service area are tied for a place in the order of layoff, the president or the chancellor, as appropriate to the place of employment, shall determine which of the employees shall be laid off. (d) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 133.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] SECTION 89553. Source version: id_00110345-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2.5. (a) After a determination has been made of the class or teaching service area to be reduced and the number of employees in such class or area to be laid off, the president or chancellor shall notify each employee to be laid off, that the employee is being laid off for lack of funds or lack of work. Such notice shall be in writing and mailed by certified mail, return receipt requested, to the employee’s last known address, or the notice may be delivered to the employee in person who shall acknowledge receipt of the notice in writing. The notice shall specify the effective date of layoff and shall be delivered to the employee or mailed to the employee’s last known resident address at least 30 days, whenever possible, prior to the effective date of the layoff. When curricular shifts or other program changes, which can be anticipated, are to be made those who will be laid off will normally be notified at least one year in advance. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] SECTION 89554. Source version: id_00110347-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2.5. (a) An employee to be laid off may elect to accept such layoff prior to the date named in the notice of layoff. If an employee elects to accept early layoff, he should give as much notice as possible. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] SECTION 89555. Source version: id_00110349-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2.5. (a) In lieu of being laid off, an administrative or nonacademic employee may elect demotion or transfer to any class in which he has served as a permanent employee or to any vacancy for which he is qualified. (b) In lieu of being laid off, an academic teaching employee actively employed at a campus during the academic year 1975–76 or prior thereto at such campus may elect transfer to that other teaching service area in which he or she has served longest during the preceding four years at the particular campus if both of the following conditions exist: (1) If the employee, during the four-year period immediately preceding the date of the mailing of the layoff notice, taught at least 24 semester units or 36 quarter units in any one teaching service area other than the teaching service area in which he or she is teaching on the date of the mailing of the layoff notice provided that only such units as have accrued during the academic year 1975–76 and prior thereto may be utilized for purposes of transfer under this section. (2) If the employee has not previously during that year elected transfer in lieu of layoff. (c) In the event an employee elects demotion or transfer, his place for layoff purposes in the class or teaching service area to which he elects demotion or transfer shall be determined in accordance with this article. (d) An employee electing demotion or transfer shall notify the president or chancellor in writing of his election within five calendar days after receipt of the notice of layoff. (e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] SECTION 89556. Source version: id_0011034b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2.5. (a) The president at each campus, and the chancellor at the office of the chancellor, shall establish and maintain reemployment lists of all permanent employees laid off for lack of funds or lack of work during the preceding five-year period. Laid-off permanent employees shall be listed by class or teaching service area corresponding to the class or teaching service area from which they were laid off. (b) In the event there is a vacancy at a campus or at the office of the chancellor, for which there exists no reemployment list, the position may be offered to the persons in the appropriate class or teaching service area who are on mandatory reemployment lists at another campus or the office of the chancellor. (c) A person shall deliver or cause to be delivered his acceptance of an offer with the following times: (1) When the person resides in the city from which the offer is mailed, five days after the date the offer is received. (2) When the person resides outside such city, seven days after the offer is received. (3) When the offer is made by telephone or telegram, 48 hours after the offer is received. While a prudent effort shall be made to contact the person eligible for reemployment, it is his responsibility to keep the office maintaining the reemployment list informed of where he may be reached readily. (d) Any person on a reemployment list who cannot be reached within five days, or who fails to reply to an offer of reemployment as required by this section, shall be deemed to have declined the offer. Such failure by any person may be excused by the president or chancellor at his discretion. If the failure is excused, the person may be reemployed or his name may be continued on the reemployment list if the vacancy has already been filled. (e) Any person on a reemployment list may request inactive status for a prescribed period of not to exceed one year. (f) Any person on the reemployment list who declines two offers of reemployment shall be removed from the list. Any person removed from a reemployment list may be restored to his relative position on the list at the discretion of the president or chancellor upon a showing of good cause. (g) Any employee reemployed pursuant to this article shall be reemployed in a class at a level at least equal to that from which he was laid off. (h) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1979, Ch. 1072.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 2.5. Separation of Employees From Service for Lack of Funds or Lack of Work [89550 - 89557] SECTION 89557. Source version: id_001289ed-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=2.5. The trustees shall adopt appropriate rules and guidelines relating to the implementation of the Reduced Worktime Act in Article 1.6 (commencing with Section 19996.20) of Chapter 7 of Part 2.6 of Division 5 of Title 2 of the Government Code, for employees of the California State University. (Added by Stats. 1983, Ch. 1040, Sec. 11.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 3. California State University Police [89560 - 89562] SECTION 89560. Source version: id_001289f1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=3. The trustees may appoint one or more persons to constitute a police department for the headquarters and for each campus of the California State University. Persons employed and compensated as members of a California State University police department, when so appointed and duly sworn, are peace officers. However, such peace officers shall not exercise their powers or authority except (a) at the headquarters or upon any campus of the California State University and in an area within one mile of the exterior boundaries of each campus or the headquarters, and in or about other grounds or properties owned, operated, controlled, or administered by the California State University, or by trustees or the state on behalf of the California State University, and (b) as provided in Section 830.2 of the Penal Code. (Amended by Stats. 1983, Ch. 143, Sec. 135.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 3. California State University Police [89560 - 89562] SECTION 89561. Source version: id_001289f3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=3. Every member of a California State University police department shall be supplied with, and authorized to wear, a badge bearing the words “California State University Police.” (Amended by Stats. 1983, Ch. 143, Sec. 136.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 3. California State University Police [89560 - 89562] SECTION 89562. Source version: id_708d913a-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=3. (a) On or before July 1, 2023, the Chancellor of the California State University shall convene a stakeholder workgroup that includes, but is not limited to, a representative from all of the following stakeholders: (1) Faculty. (2) Staff. (3) Students. (4) Campus health and safety personnel. (5) Bargaining unit representatives. (b) The stakeholder workgroup shall submit a report to the Legislature and the Chancellor of the California State University nine months after the first meeting of the stakeholder workgroup that includes recommendations to alleviate concerns of current emergency response programs on the campuses of the California State University. (c) In preparing the report pursuant to subdivision (b), the stakeholder workgroup shall, at a minimum, evaluate and report on both of the following: (1) Alternatives to current procedures and processes for responding to nonviolent and noncriminal situations on the campuses of the California State University. (2) Alternative dispute resolution options to resolve employee conflicts. (d) (1) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2027. (Added by Stats. 2022, Ch. 931, Sec. 2. (AB 1997) Effective January 1, 2023. Repealed as of July 1, 2027, by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] SECTION 89570. Source version: id_fc7320a7-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=4. This article shall be known and may be referred to as the California State University Investigation of Reported Improper Governmental Activities Act. (Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] SECTION 89571. Source version: id_fcb9eda9-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=4. It is the intent of the Legislature that employees of, and applicants for employment at, the California State University should be free to report improper governmental activities and significant threats to health or safety and that their identities and the privacy rights of those affected by investigations of the protected disclosures be properly safeguarded. (Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] SECTION 89572. Source version: id_fd10e74b-73b1-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=4. For the purposes of this article: (a) “Applicant for employment” means an individual who has completed and submitted an application form for a specific, available position at a campus of the California State University or at the Office of the Chancellor of the California State University. (b) “Complainant” means an employee or applicant for employment who files a report and makes a protected disclosure in accordance with established procedures of the California State University. (c) “Employee” means any person employed by the California State University. (d) “Improper governmental activity” has the same meaning as set forth in subdivision (b) of Section 8547.2 of the Government Code. (e) “Protected disclosure” means any good faith communication, as defined by subdivision (d) of Section 8547.2 of the Government Code, that is made in accordance with established procedures of the California State University. (Added by Stats. 2005, Ch. 310, Sec. 1. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] SECTION 89573. Source version: id_ddbefeb1-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=4. (a) Upon receiving a protected disclosure in writing, the administrator designated in accordance with established procedures of the California State University shall acknowledge receipt of the written disclosure to the complainant. The administrator may conduct or cause to be conducted an investigative audit of the matter, and determine what action, if any, is necessary. (b) The administrator shall issue a formal response to the complainant that contains a summary of the allegations, a summary of the investigation, whether the allegations were substantiated, and what actions, if any, were taken in response to the complaint. This response shall be issued in a timely fashion and in a manner that is consistent with the privacy interests of each person who is involved in the situation addressed by the response. This response shall be subject to disclosure in accordance with Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (c) The identity of the person providing the protected disclosure shall not be disclosed without the written permission of that person unless the disclosure is to a law enforcement agency that is conducting a criminal investigation or to the State Auditor. (Amended by Stats. 2021, Ch. 615, Sec. 82. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5. Personnel [89500 - 89574] ARTICLE 4. Investigation of Reported Improper Governmental Activities [89570 - 89574] SECTION 89574. Source version: id_e1e576e3-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.&article=4. (a) Notwithstanding Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, every investigative audit undertaken under this article shall be kept confidential, except that the California State University may issue any report of an investigation that has substantiated an allegation made by the complainant, keeping confidential the identity of the individual or individuals involved, or release any findings resulting from an investigation conducted pursuant to Section 89045 that the trustees deem necessary to serve the interests of the state. (b) This article shall not be construed to limit any authority conferred by law upon the Attorney General or any other department or agency of government to investigate any matter. (Amended by Stats. 2021, Ch. 615, Sec. 83. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 1. General Provisions [89600 - 89602] SECTION 89600. Source version: id_00159739-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=1. This chapter shall be known and may be cited as the Optional Retirement Program. (Added by Stats. 1990, Ch. 1178, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 1. General Provisions [89600 - 89602] SECTION 89601. Source version: id_0015973b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=1. In order to encourage qualified teachers to enter and remain in service with the California State University, an optional retirement program is authorized by this chapter. The optional retirement program may be established on or after July 1, 1991, by a provision adopting this chapter in a memorandum of understanding which is entered into by the trustees pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code. However, no other provision of this chapter is subject to the control of any memorandum of understanding. The optional retirement program shall become operative on the July 1 which immediately follows the receipt by the Public Employees’ Retirement System of a notice of the adoption of this chapter and a copy of the memorandum of understanding. (Amended by Stats. 1996, Ch. 385, Sec. 3. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 1. General Provisions [89600 - 89602] SECTION 89602. Source version: id_0015973d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=1. Under this optional retirement program, the trustees shall offer eligible employees contracts, certificates, or investment funds providing retirement and death benefits, funded through annuities or investment fund options. The state and eligible employees electing this optional retirement program shall contribute to the optional retirement program to the extent authorized or required by this chapter. Benefits under the contracts, certificates, or investment funds are owned by the participants. (Amended by Stats. 1996, Ch. 385, Sec. 4. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 2. Definitions [89610 - 89614] SECTION 89610. Source version: id_00171de1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=2. Unless the context otherwise requires, the definitions set forth in this article govern construction of this chapter. (Added by Stats. 1990, Ch. 1178, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 2. Definitions [89610 - 89614] SECTION 89611. Source version: id_00171de3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=2. “Benefit” means any monthly or lump-sum payment due a retirant, or other beneficiary, and includes lump-sum payments due on account of death. (Amended by Stats. 1996, Ch. 385, Sec. 5. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 2. Definitions [89610 - 89614] SECTION 89612. Source version: id_00171de5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=2. “Compensation” and “salary” have the same meaning as set forth in subdivisions (a) and (b) of Section 20022 of the Government Code. (Added by Stats. 1990, Ch. 1178, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 2. Definitions [89610 - 89614] SECTION 89613. Source version: id_00171de7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=2. “Eligible employee” means all faculty and executive, managerial, and supervisory employees of the California State University system whose employment would qualify them for membership in the Public Employees’ Retirement System, and who are initially appointed on or after the operative date of the optional retirement program. (Added by Stats. 1990, Ch. 1178, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 2. Definitions [89610 - 89614] SECTION 89614. Source version: id_00171de9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=2. “Participant” means any person electing the optional retirement program. (Added by Stats. 1990, Ch. 1178, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 3. Administration and Participation [89620 - 89623] SECTION 89620. Source version: id_00171ded-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=3. (a) Only eligible employees of the California State University may elect to participate in the optional retirement program. (b) Elections to participate in the optional retirement program shall be made as follows: (1) Eligible employees shall irrevocably elect either to join the Public Employees’ Retirement System in accordance with the provisions of law applicable thereto or to participate in the optional retirement program established pursuant to this chapter. This election is irrevocable and shall be made within 60 days of the date of employment. This election shall be in writing and filed with the California State University and the Public Employees’ Retirement System. Notwithstanding Section 20303 of the Government Code, eligible employees shall not be subject to membership in the Public Employees’ Retirement System until either they exercise the election to not participate in the optional retirement program or the 60-day period expires, whichever occurs first, whereupon the member contributions required by Sections 20600 and 20603 of the Government Code shall commence. (2) An election of the optional retirement program by an eligible employee shall be irrevocable and shall be accompanied by an appropriate enrollment form, where required, for the issuance of contracts or certificates under the program. (Added by Stats. 1990, Ch. 1178, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 3. Administration and Participation [89620 - 89623] SECTION 89621. Source version: id_0018a38f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=3. Any eligible employee electing to participate in the optional retirement program shall be ineligible for membership in the Public Employees’ Retirement System so long as he or she is employed in any eligible position by the California State University. In the event an optional retirement program participant assumes a position in public service for which the optional retirement program is not available, the employee shall, at that time, cease participation in the program and shall begin participation in the Public Employees’ Retirement System. Employees who elect to participate in the optional retirement program shall remain eligible to participate in the Public Employees’ Medical and Hospital Care Act (Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code) as if they were members of the Public Employees’ Retirement System. (Amended by Stats. 2004, Ch. 69, Sec. 4. Effective June 24, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 3. Administration and Participation [89620 - 89623] SECTION 89622. Source version: id_0018a391-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=3. (a) The state shall contribute to the optional retirement program an amount equal to the employer contribution of the trustees to the Public Employees’ Retirement System, less the amount attributable to the unfunded actuarial obligation of the Public Employees’ Retirement Fund, as determined by the Board of Administration of the Public Employees’ Retirement System, which until June 30, 2016, shall instead be transmitted to the Public Employees’ Retirement System. The Public Employees’ Retirement System shall provide the necessary data processing services and shall charge the providers an administrative fee appropriate to pay the costs of providing those services. The amount currently attributable to the unfunded actuarial obligation of the Public Employees’ Retirement Fund has been determined by the Board of Administration to be 2 percent. The Board of Administration shall, if the employer contribution rate varies from the employer contribution rate in effect on July 1, 1991, by at least plus or minus 5 percent, recalculate the amount attributable to the unfunded actuarial obligation. Thereafter, the Board of Administration shall, whenever the employer contribution rate varies from the employer contribution rate in effect on the effective date of the previous recalculation pursuant to this section by at least plus or minus 5 percent, recalculate the amount attributable to the unfunded actuarial obligation. The trustees and the providers of optional retirement programs shall provide the Public Employees’ Retirement System with any personnel data needed for the recalculation. (b) Participants shall contribute to the optional retirement program an amount equal to the contribution required of employees pursuant to Sections 20600 and 20603 of the Government Code. (c) Contributions required by subdivision (b) may be made by a reduction in salary in accordance with any applicable provision of the Internal Revenue Code. Payment of contributions authorized or required by this section shall be made by the Controller to the appropriate program administrator. (d) Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated from the General Fund monthly to the trustees the state’s contribution prescribed in subdivision (a). (Added by Stats. 1990, Ch. 1178, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 5.5. Optional Retirement Program [89600 - 89623] ARTICLE 3. Administration and Participation [89620 - 89623] SECTION 89623. Source version: id_0018a393-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=5.5.&article=3. No retirement, death, or other benefit shall be paid by the state or the trustees for services credited under the optional retirement program. The benefits are payable to participants or their beneficiaries only by the designated company or companies in accordance with the terms of the contracts, certificates, or investment funds. (Amended by Stats. 1996, Ch. 385, Sec. 6. Effective January 1, 1997.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89700. Source version: id_001a2a39-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) The trustees may by rule require all persons to pay fees, rents, deposits, and charges for services, facilities or materials provided by the trustees to such persons. The trustees may, by rule, provide for the method of collecting such fees, rents, deposits, and charges, and may, by rule, provide for the refund in whole or part of such fees, rents, deposits, and charges collected in error or collected for facilities, services, or materials not utilized. (b) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1982, Ch. 1165, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89700.1. Source version: id_001a2a3b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) Notwithstanding the requirement of Section 89301 that tuition, material, and service fees be collected by campus officials at the time of registration, the trustees, in consultation with student representatives, may authorize installment payments for the California State University fee established by the trustees pursuant to Section 89700 to cover the costs of services, facilities, or materials, and for nonresident tuition established pursuant to Section 89705. Installment payment schedules may be established in accordance with timetables as determined appropriate by the trustees, in consultation with student representatives. (b) The trustees, in consultation with student representatives, shall impose a fee in an amount necessary to cover the costs of administering a system of installment payments and may deposit that fee in the General Fund or in local trust accounts as authorized by Section 89721 and established for the purpose of covering those costs. The administrative costs shall include, but not be limited to, the cost of collecting delinquent and defaulted accounts. (c) The trustees shall include, in the fee imposed for administering the system of installment payments, the interest that the state would have earned in the Pooled Money Investment Account had the fee been collected at the time of registration. The portion of the administrative fee attributable to reimbursement for loss of interest earnings shall be deposited in the General Fund. (d) The trustees shall provide notice of the amount of the fee that is imposed upon students who use the installment payment system. That notice shall include information regarding the amount of the fee and shall be included in the billing statement sent to the student and posted on signs at the campus cashier window. The information regarding the fee may also be conveyed to the students in any other manner determined appropriate by the trustees. (Added by Stats. 1992, Ch. 536, Sec. 3. Effective August 21, 1992.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89701. Source version: id_001a2a3d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) The trustees are authorized to acquire, pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) or by lease or other means, real property and to construct, operate, and maintain motor vehicle parking facilities and other transportation facilities thereon for state university officers, employees, students, or other persons. The trustees may prescribe the terms and conditions of the parking, and of parking on facilities existing on the effective date of this section, including the payment of parking fees in the amounts and under the circumstances determined by the trustees. Varying rates of parking fees may be established for different localities or for different parking facilities and for the purposes authorized by subdivision (b). In determining rates of parking fees, the trustees may consider the rates charged in the same locality by other public agencies and by private employers for employee parking, the rates charged to students by other universities and colleges. (b) (1) Except as otherwise provided in this section, revenues received by the trustees from any of the motor vehicle parking facilities, as well as from all parking facilities existing on the effective date of this section, may be transmitted to the Treasurer and, if transmitted, shall be deposited by that officer in the State Treasury to the credit of the State University Parking Revenue Fund, which is hereby created. (2) All revenues received by the trustees under this section may be pledged for the acquisition, construction, and improvement of parking and other transportation facilities, and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. Nothing in this section shall be construed as altering or permitting a change in the pledge of parking fee revenues established in connection with debt obligations issued prior to the enactment of this section and pursuant to the State University Revenue Bond Act of 1947. (3) All revenues received by the trustees from parking facilities, to the extent not pledged in connection with bonds or notes issued pursuant to the State University Revenue Bond Act of 1947, are hereby appropriated, without regard to fiscal years, to the trustees for the acquisition, construction, operation, and maintenance of motor vehicle parking facilities on real property acquired hereunder or on real property otherwise under the jurisdiction of the trustees, and for the study, development, enhancement, operation, and maintenance of alternate methods of transportation for officers, students, and employees of the California State University. (4) The trustees shall allocate the funds for the construction of parking facilities for each of the California State University campuses only after programs incorporating alternate methods of transportation have been thoroughly investigated and considered, as determined by the alternative transportation committees of each campus and the trustees, in consultation with students and local government officials. (5) Moneys in the State University Parking Revenue Fund may be invested by the Treasurer, upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to the investments shall be deposited to the credit of the State University Parking Revenue Fund. (c) The Legislature, by this section, does not intend to authorize the institution of a private parking program unrelated to state purposes in competition with private industry. (d) If any provision of this section is in conflict with any provision of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if one or more provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2000, Ch. 285, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89701.5. Source version: id_001a2a3f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. Moneys in the State University Parking Revenue Fund received as parking fines and forfeitures shall be used exclusively for the development, enhancement, and operation of alternate methods of transportation programs for students and employees, for the mitigation of the impact of off-campus student and employee parking in university communities, and for the administration of the parking fines and forfeitures programs. (Added by Stats. 1991, Ch. 1168, Sec. 2. Effective October 14, 1991.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89702. Source version: id_001bb0e1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) The Trustees of the California State University may acquire, pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) or by lease or other means, real property and may construct and improve student health centers entirely or in part by the use of funds acquired pursuant to this section. (b) The trustees may prescribe under Section 89700 a fee to provide for the acquisition, construction, and improvement of student health center facilities, in the amounts and under the circumstances as may be determined by the trustees. (c) (1) Except as otherwise provided in this section, revenues received by the trustees from the student health center facilities fee may be transmitted to the Treasurer and, if transmitted, shall be deposited by that officer in the State Treasury to the credit of the State University Facilities Revenue Fund, which is hereby created. (2) All revenues received by the trustees under this section may be pledged for the acquisition, construction, and improvement of student health facilities projects pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8), and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. Nothing in this section shall be construed as altering or permitting a change in the pledge of student health facility fee revenues established in connection with debt obligations issued prior to the enactment of this section and pursuant to the State University Revenue Bond Act of 1947. (3) All revenues received by the trustees from the facilities fee, to the extent not pledged in connection with bonds or notes issued pursuant to the State University Revenue Bond Act of 1947, are hereby appropriated, without regard to fiscal years, to the trustees for the acquisition, construction, and improvement of student health centers on real property acquired pursuant to this section or on real property otherwise under the jurisdiction of the trustees. (4) Moneys in the State University Facilities Revenue Fund may be invested by the Treasurer, upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to the investments shall be deposited to the credit of the State University Facilities Revenue Fund. (Amended by Stats. 2000, Ch. 285, Sec. 3. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89703. Source version: id_001bb0e3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) The trustees may prescribe student housing rental rates and fees to provide revenues for student housing programs in the amounts and under the circumstances that are determined by the trustees. (b)(1) The trustees may pledge all or any part of student housing revenues in connection with bonds or notes issued pursuant to State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8), in which case the revenues shall be deposited, transmitted, and used in the manner provided by that act. (2) All revenues received by the trustees from housing rental rates and fees under this section may be pledged for the acquisition, construction, and improvement of student housing projects, and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. Nothing in this section shall be construed as altering or permitting a change in the pledge of housing rental revenues established in connection with debt obligations issued prior to the enactment of this section and pursuant to the State University Revenue Bond Act of 1947. (Added by Stats. 2000, Ch. 285, Sec. 5. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89704. Source version: id_71e2b9a0-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) Notwithstanding any other law, revenues received by the Trustees of the California State University from extension programs, special session, or self-supporting instructional programs, including, but not limited to, fees and charges required by the trustees, may be transmitted to either of the following: (1) The Treasurer and, if transmitted, shall be deposited by that officer in the State Treasury to the credit of the State University Continuing Education Revenue Fund, which is hereby created, and which is hereby designated as successor to the State College Extension Program Revenue Fund. (2) The chief fiscal officer of one or more campuses of the California State University, and, if transmitted, shall be deposited by the chief fiscal officer in accordance with Section 89721. (b) All revenues in the State University Continuing Education Revenue Fund are hereby appropriated, without regard to fiscal years, to the trustees for the support and development of instructional programs of the California State University. However, proposed expenditures or obligations to be incurred during any fiscal year from the State University Continuing Education Revenue Fund, other than expenditures or obligations authorized by subdivision (d), shall be contained in the budget submitted for that fiscal year by the Governor pursuant to Section 12 of Article IV of the Constitution, and shall be subject to Article 2 (commencing with Section 13320) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code. (c) Moneys in the State University Continuing Education Revenue Fund may be invested by the Treasurer, upon approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest or other earnings received pursuant to the investments shall be deposited to the credit of the State University Continuing Education Revenue Fund. (d) All revenues received by the trustees under this section may be pledged for the acquisition, construction, and improvement of facilities for extension programs, special session, and other self-supporting instructional programs pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8), and may also be pledged to supplement other revenue funded projects relating to debt obligations issued by the trustees pursuant to the State University Revenue Bond Act of 1947. (e) On or before March 31 of each year, the California State University shall submit a report on the implementation of this section to the Department of Finance and, in compliance with Section 9795 of the Government Code, the appropriate fiscal and policy committees of the Legislature. The report shall include, but is not limited to, all of the following: (1) The total amount of revenue generated from extension programs, special session, or self-supporting instructional programs in the prior three fiscal years, by campus. (2) Of the amounts identified in paragraph (1), the amount transmitted to the Treasurer pursuant to paragraph (1) of subdivision (a) and the amount transmitted to the chief fiscal officer of each campus pursuant to paragraph (2) of subdivision (a). (3) The total amount of expenditures from revenue generated from extension programs, special session, or self-supporting instructional programs in the prior three fiscal years and the purposes for which those funds were expended. (Amended by Stats. 2024, Ch. 828, Sec. 1. (AB 2395) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89705. Source version: id_e5199fd5-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) Except as provided in subdivision (c), and as otherwise specially provided, an admission fee and rate of tuition fixed by the trustees shall be required of each nonresident student. The rate of tuition to be paid by each nonresident student, as defined in Section 68018, shall not be less than three hundred sixty dollars ($360) per year. The rate of tuition paid by each nonresident student who is a citizen and resident of a foreign country and not a citizen of the United States, except as otherwise specifically provided, shall be fixed by the trustees and shall not be less than three hundred sixty dollars ($360) per year. (b) The trustees may waive entirely, or reduce below the rate, or the minimum rate, fixed by this section, the tuition fee of a nonresident student who is a citizen and resident of a foreign country and who attends a state university or college under an agreement entered into by a governmental agency or a nonprofit corporation or organization with a similar agency, or corporation or association, domiciled in and organized under laws of a foreign country, where a principal purpose of the agreement is to encourage the exchange of students with the view of enhancing international good will and understanding. The trustees shall, in each instance, determine whether the conditions for this exemption from fees exist and may prescribe appropriate procedures to be complied with in obtaining the exemption. (c) The trustees shall waive entirely the admission fee and rate of tuition fixed under this section for a nonresident student who is a United States citizen who resides in a foreign country, if that nonresident meets all of the following requirements: (1) Demonstrates a financial need for the exemption. (2) Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act in accordance with Section 1229c of Title 8 of the United States Code. The student shall provide documents from the United States Citizenship and Immigration Services evidencing the deportation or voluntary departure of the student’s parent or guardian. (3) Moved abroad as a result of the deportation or voluntary departure specified in paragraph (2). (4) Lived in California immediately before moving abroad. The student shall provide information and evidence that demonstrates the student previously lived in California. (5) Attended a public or private secondary school, as described in Sections 52 and 53, in the state for three or more years. The student shall provide documents that demonstrate the student’s secondary school attendance. (6) Upon enrollment, will be in the student’s first academic year as a matriculated student in California public higher education, as that term is defined in subdivision (a) of Section 66010, will be living in California, and will file an affidavit with the institution stating that the student intends to establish residency in California as soon as possible. (Amended by Stats. 2021, Ch. 110, Sec. 2. (SB 701) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89706. Source version: id_e84e16e7-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) The trustees may, on the basis of demonstrated financial need and scholastic achievement, waive entirely, or reduce below the rate, or the minimum rate, fixed by Section 89705, the tuition fee of a nonresident student, as defined in Section 68018, who is a citizen and resident of a foreign country, who is an undergraduate student of exceptional scholastic ability and prior scholastic achievement, and who is enrolled in a full-time course of study. (b) The number of reductions and waivers granted by the trustees under this section shall at no time exceed 7.5 percent of the nonresident undergraduate students who are citizens and residents of a foreign country, then enrolled in the California State University. (Amended by Stats. 2021, Ch. 110, Sec. 3. (SB 701) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89707. Source version: id_eb828df9-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) The trustees may, on the basis of demonstrated financial need and scholastic achievement, waive entirely, or reduce below the rate, or the minimum rate, fixed by Section 89705, the tuition fee of a nonresident student or a nonresident student, as defined in Section 68018, who is a citizen and resident of a foreign country, who is a graduate student of exceptional scholastic ability and prior scholastic achievement, and who, while not employed full time by a state university, is employed 20 hours or more a week by a state university or is enrolled in a full-time course of study. (b) The number of reductions and waivers granted by the trustees under this section shall at no time exceed 25 percent of the nonresident graduate students, including nonresident graduate students who are citizens and residents of a foreign country, then enrolled in the California State University. (Amended by Stats. 2021, Ch. 110, Sec. 4. (SB 701) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89707.5. Source version: id_001d378d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. Notwithstanding the provisions of Section 89301, a nonresident student who is a citizen and resident of a foregin country and not a citizen of the United States may pay the nonresident tuition fee required of such students in three equal installments per semester if attending on the semester system or in two equal installments per quarter if attending on the quarter system. Any such student shall pay all registration fees required of resident students by the same date as required for resident students. The first installment of the nonresident tuition fee for a nonresident student who is a citizen and resident of a foreign country and not a citizen of the United States shall be due no sooner than 30 days following the deadline for payment of registration fees by resident students. The trustees shall establish an appropriate payment schedule for payment of the nonresident tuition fee and may assess a service charge to finance the cost of administering this installment plan consistent with the provisions of this section. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89708. Source version: id_49a57bdc-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) Tuition fees adequate, in the long run, to meet the cost of maintaining special sessions in the California State University shall be required of, and collected from, students enrolled in each special session pursuant to rules and regulations prescribed by the trustees. (b) “Special sessions,” as used in this division, means self-supporting instructional programs conducted by the California State University. The special sessions shall include, but not necessarily be limited to, career enrichment and retraining programs. It is the intent of the Legislature that those programs, currently offered on a self-supporting basis by the California State University during summer sessions, may be provided throughout the year, and shall be known as special sessions. The self-supporting special sessions shall not supplant, as defined in subdivision (c), regular course offerings available on a non-self-supporting basis during the regular academic year. (c) “Supplant,” as used in this section, means reducing the number of state-supported course offerings while increasing the number of self-supporting versions of that course. (d) To the extent possible, each campus shall ensure that any course required as a condition of undergraduate degree completion for a state-supported matriculated student shall be offered as a state-supported course. A campus shall not require a state-supported matriculated student to enroll in a special session course in order to fulfill a graduation requirement for a state-supported degree program. (Amended by Stats. 2016, Ch. 86, Sec. 77. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89709. Source version: id_001d3791-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. The trustees may require and collect special fees to cover cost of materials for specific services and other fees to cover the cost of accommodation services and other services provided students from students enrolled in each special session. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89710. Source version: id_001d3793-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. To enhance the opportunities for California State University employees to participate in training and career development the trustees may, subject to the rules and regulations they may establish, waive entirely or reduce any or all fees for employees who enroll in work-related courses offered by the California State University necessary for improving skills for existing jobs or advancement in accordance with a career development plan at the California State University. (Amended by Stats. 1983, Ch. 143, Sec. 144.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89711. Source version: id_3aa749b0-47e9-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) Except as provided for in subdivision (b), a California State University campus-based mandatory fee established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, shall not be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee established under the policies of the California State University voting on the fee reallocation. (b) A California State University campus-based mandatory fee established through an affirmative vote of the majority of the student body voting on the fee, but not specifically authorized by statute, may be reallocated without an affirmative vote of a majority of the members of either the student body or a campus fee advisory committee voting on the fee if the vote that established the fee authorized an alternative or automatic reallocation mechanism for that fee. (c) This section shall not apply to campus-based fees approved prior to the enactment of this section. (Added by Stats. 2012, Ch. 574, Sec. 1. (SB 960) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 1. Fees, Rents, and Charges [89700 - 89712] SECTION 89712. Source version: id_544c3abe-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=1. (a) (1) Neither a campus of the California State University, nor the Chancellor of the California State University shall approve a new student success fee or an increase to an existing student success fee, as defined in subdivision (g), before all of the following requirements are satisfied: (A) The campus undertakes a rigorous consultation process that informs and educates students on the uses, impact, and cost of any proposed student success fee or student success fee increase. (B) The campus informs its students of all of the following circumstances, which shall apply to these fees: (i) That, except as provided in clauses (ii) and (iii), a student success fee may be rescinded by a majority vote of the students, as specified in subdivision (c). (ii) That a student success fee shall not be rescinded earlier than six years following the vote to implement the fee. (iii) If any portion of the student success fee is committed to support a long-term obligation, that portion of the fee shall not be rescinded until the obligation has been satisfied. (C) The campus shall hold a binding student election on the implementation of any proposed student success fees, or any increase to an existing student success fee, and a majority of the student body voting on the fee must vote affirmatively. (2) Implementation of a fee supported by a majority of the campus student body voting on the fee is contingent upon the final approval of the Chancellor of the California State University. (3) A student success fee proposal shall not be brought before the student body more frequently than once per academic year. (b) A student success fee in place on January 1, 2016, may be rescinded by a binding student vote under the procedures authorized in subdivision (c) only after at least six years have elapsed following the implementation of the fee. (c) (1) Student success fees may be rescinded with a binding student vote if a simple majority of those students voting vote to rescind the fee. The student vote shall comply with all of the following: (A) A campus decision to vote is formally approved by the recognized student government. (B) Rescission vote proposals shall not be brought before the student body more frequently than once per academic year. (C) In the process of reconsidering a student success fee, and before the student vote occurs, the students shall be informed, if a portion of the fee is supporting a long-term obligation, the dollar amount of that portion, and the date on which the long-term obligation would be satisfied. (2) A new contractual or other obligation that would be supported by the rescinded student success fee shall not be entered into following a vote to rescind the fee. (d) The Chancellor of the California State University shall ensure that all of the following occur on each campus: (1) There is majority student representation in campus student success fee allocation oversight groups. (2) There is an annual report from each campus to the chancellor on student success fees. (3) There is uniform, transparent, online accountability in the decisionmaking process for, and a detailed accounting of, the allocation of student success fees. (e) The Chancellor of the California State University shall establish appropriate reporting procedures to ensure that a campus is in compliance with the requirements of this section. (f) The chancellor shall report, by December 1 of each year, to the Department of Finance, and the Legislature pursuant to Section 9795 of the Government Code, a summary of the fees adopted or rescinded in the prior academic year, and the uses of proposed and currently implemented fees. (g) For purposes of this section, a “student success fee” is a type of category II campus-based mandatory fee that is required to be paid by a student before that student may enroll or attend a campus of the California State University, as determined by that campus or the Chancellor of the California State University. (Amended by Stats. 2016, Ch. 86, Sec. 78. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89720. Source version: id_39ad2838-8991-11e4-bd2c-91def9f759f9 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. The trustees may accept on behalf of the state any gift, bequest, devise, or donation of real or personal property whenever the gift and the terms and conditions thereof will aid in carrying out the primary functions of the California State University as specified in subdivision (b) of Section 66010.4. Neither Section 11005 of the Government Code nor any other law requiring approval by a state officer of gifts, bequests, devises, or donations shall apply to these gifts, bequests, devises, or donations. These gifts, bequests, devises, or donations, and the disposition thereof, shall be annually reported to the California Postsecondary Education Commission, the Joint Legislative Budget Committee, and the Department of Finance by January 31 of each year. Notwithstanding Sections 11005.2 and 14664 of the Government Code or any other law to the contrary, the trustees may sell or exchange interests in real property received pursuant to this section when, in the judgment of the trustees, the sale or exchange is in the best interests of the California State University. No sale or exchange of an interest in real property made pursuant to this section shall exceed ten million dollars ($10,000,000) per transaction. Notwithstanding Sections 11005 and 15853 of the Government Code or any other provision of law to the contrary, the trustees may purchase interests in real property from moneys received pursuant to this section, including those moneys received from the sale or exchange of interests in real property pursuant to this section. Any such purchase shall be consistent with any restrictions placed upon the gift, bequest, devise, or donation and shall be in the best interests of the California State University, as determined by the trustees. No interest in any real property that is part of a main campus of any of the institutions of the California State University listed in Section 89001 shall be sold or exchanged pursuant to this section. Any sale or exchange of interests in real property carried out pursuant to this section shall be reported annually to the California Postsecondary Education Commission or a successor agency, the Joint Legislative Budget Committee, and the Department of Finance, by January 31 of each year. (Amended by Stats. 2014, Ch. 511, Sec. 4. (AB 2736) Effective January 1, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89720.5. Source version: id_001ebe39-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. Prior to the sale of any interests in real property pursuant to Section 89720, the trustees shall offer the interests to local governmental agencies. It is the intent of the Legislature that the trustees may transfer interests at less than fair market value under the conditions described in Section 11011.1 of the Government Code, except that all powers and duties of the Director of General Services, the Department of General Services, and the State Public Works Board under that section shall be performed by the trustees. For purposes of this section, “local governmental agencies” shall not include private entities, private nonprofit entities, private tax exempt entities, or any consortium, cooperative, or combination of private-public entities or organizations. (Added by Stats. 1991, Ch. 319, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89721. Source version: id_75be9442-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. Notwithstanding any other law, the chief fiscal officer of each campus of the California State University shall deposit into and maintain in local trust accounts or in trust accounts in accordance with Sections 16305 to 16305.7, inclusive, of the Government Code, or in the California State University Trust Fund, moneys received in connection with the following sources or purposes: (a) Gifts, bequests, devises, and donations received under Section 89720. (b) Any student loan or scholarship fund program, including, but not limited to, student loan programs of the state, federal government, including programs referred to in Section 89723, local government, or private sources. (c) Advance payment for anticipated expenditures or encumbrances in connection with federal grants or contracts. (d) Room, board, and similar expenses of students enrolled in the international program of the California State University. (e) Cafeteria replacement funds. (f) Miscellaneous receipts in the nature of deposits subject to return upon approval of a proper application. (g) Fees and charges for services, materials, and facilities authorized by Section 89700 if these fees or charges are required of those persons who, at their option, use the services or facilities, or are provided the materials, for which the fees or charges are made. Fees and charges so received and deposited shall be used solely to meet the costs of providing these services, materials, and facilities. (h) Fees for instructionally related activities as defined by the trustees and as authorized by Section 89700 and revenues derived from the conduct of the instructionally related activities. The trustees shall have all authority necessary to administer and use the fees and revenues received and deposited to support such instructionally related activities. (i) Fees for parking, health facilities or health services, and for extension programs, special sessions, or self-supporting instructional programs. (j) Revenue received by the trustees from the California State Lottery Education Fund pursuant to Section 8880.5 of the Government Code. (k) Moneys received by the trustees for research, workshops, conferences, institutes, and special projects. (l) Moneys collected as higher education fees and income from students of any campus of the California State University and from other persons pursuant to Section 89700. The Controller shall have the authority to audit the expenditure of these funds. (Amended by Stats. 2024, Ch. 828, Sec. 2. (AB 2395) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89722. Source version: id_575e3c5b-027b-11de-8c19-8d947f09663e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. (a) The California State University Trust Fund is hereby created in the State Treasury. Moneys in the California State University Trust Fund are appropriated to the trustees as provided in Section 89724. Interest accruing upon the investment of moneys of the California State University Trust Fund shall be paid into and credited to that fund. The trustees shall apportion as of June 30 and December 31 of each year the revenues earned and deposited in the fund during the six calendar months ending with those dates. There shall be apportioned and credited to each campus of the California State University having deposits in the fund, an amount directly proportionate to the total deposits in the fund and the length of time the deposits remained therein. The chief fiscal officer of each campus of the California State University may allocate further this amount to the extent considered necessary. (b) Notwithstanding any other law, the Controller may use the moneys in the California State University Trust Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the California State University Trust Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the California State University Trust Fund was created. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 2. Effective February 20, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89722.5. Source version: id_002044df-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. (a) There is hereby created in the State Treasury the California State University Lottery Education Fund. Moneys received by the Trustees of the California State University from the California State Lottery Education Fund pursuant to Section 8880.5 of the Government Code may be deposited and maintained in the fund. Notwithstanding Section 13340 of the Government Code, all moneys in the fund shall be continuously appropriated without regard to fiscal year for expenditure by the trustees for educational purposes pursuant to Section 8880.5 of the Government Code. All expenditures from the fund shall be subject to an annual postaudit by the Audits Division of the State Department of Finance. (b) Pending expenditure for educational purposes, the moneys in the fund may be invested by the Treasurer, subject to the approval of the trustees, in those eligible securities listed in Section 16430 of the Government Code. All interest accruing from any investment pursuant to this subdivision shall be deposited into, and credited to, the fund. (Added by Stats. 1985, Ch. 578, Sec. 1. Effective September 16, 1985.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89722.9. Source version: id_002044e1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. Notwithstanding Sections 16305 to 16305.7, inclusive, of the Government Code and any other law to the contrary, financial aid money in the possession of the California State University may be deposited by the chief fiscal officer of each campus of the California State University in a checking account in the centralized treasury system. The funds in the checking account shall be invested by the Treasurer. Interest earned thereon shall be deposited in the California State University Trust Fund. The interest earnings shall be continuously appropriated for expenditure by the Trustees of the California State University for financial aid, except that the interest earned from the investment of federal financial aid moneys may be returned to the United States if required by applicable federal law. (Added by Stats. 1989, Ch. 154, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89723. Source version: id_002044e3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. The trustees are vested with all necessary power to perform acts, receive and expend funds, and cooperate with state and federal agencies as provided in Section 12400 for the purpose of receiving and spending the funds provided by the act of Congress entitled “An act to strengthen the national defense and to encourage and assist in the expansion and improvement of educational programs to meet critical national needs; and for other purposes” (National Defense Education Act of 1958), approved September 2, 1958, and the act of Congress entitled “An act to amend the Public Health Service Act to increase the opportunities for training professional nursing personnel, and for other purposes” (Nurse Training Act of 1964), approved September 4, 1964. The trustees may provide for the establishment and maintenance of student loan funds pursuant to those acts of Congress. Money allocated for the purpose of establishing a student loan fund at a campus of the California State University may be withdrawn from the State Treasury and deposited to the credit of that institution in a trust account in accordance with the provisions of Sections 16305 to 16305.7, inclusive, of the Government Code for the purpose of making loans to students in accordance with the federal acts. (Amended by Stats. 1983, Ch. 143, Sec. 146.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89724. Source version: id_f76e113e-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. (a) All money received in accordance with the following shall be appropriated for the support of the California State University in addition to other amounts as may be appropriated by the Legislature: (1) All money received from the sale of California State University publications. (2) All money received under an agreement entered into pursuant to Section 89036. (3) Except as to the fees and charges specified in subdivisions (g) and (h) of Section 89721, all money collected as fees from students of the California State University and received from other persons under Sections 89030, 89036 to 89039, inclusive, 89700, 89705, 89708, 89709, 89720, and 89721, and money received pursuant to Section 2080.8 of the Civil Code. (b) (1) Money received under Sections 89720 and 89721, or received pursuant to Section 2080.8 of the Civil Code, is appropriated pursuant to subdivision (a) without regard to fiscal year. (2) Money received pursuant to Section 2080.8 of the Civil Code shall be used for student scholarships and loans pursuant to any regulations the trustees provide. (3) Money received pursuant to Sections 89720 and 89721 may be invested, upon approval of the trustees, by the Treasurer or by the chief fiscal officer of a campus of the California State University, in those eligible securities listed in Section 16430 of the Government Code. (4) (A) Money received under Sections 89720 and 89721, and received pursuant to Section 2080.8 of the Civil Code, may be invested, upon approval of the trustees and in accordance with Section 89726, by the chief fiscal officer of a campus of the California State University, in any of the following: (i) Mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission. (ii) Publicly traded real estate investment trusts registered with the United States Securities and Exchange Commission. (iii) Institutional commingled funds, including commingled trust funds and collective trust funds, offered by investment advisors registered with, and under the regulatory authority of, the United States Securities and Exchange Commission. (iv) Exchange-traded funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission. (B) All interest and other earnings received pursuant to the investment of money received pursuant to Sections 89720 and 89721 shall also be used for purposes established by the trustees consistent with the terms and conditions of the gift, bequest, devise, donation, or agreement under Sections 89720 and 89721. (5) Except as otherwise provided with respect to money received pursuant to Section 2080.8 of the Civil Code and Sections 89720 and 89721, all money received pursuant to this section shall augment the support appropriation to the California State University for the fiscal year to which the collections apply. (c) All money received from the sale or the disposition of real property acquired by or on behalf of a campus of the California State University by gift, devise, or donation pursuant to Section 89720 or pursuant to the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for the acquisition and improvement of real property for the campus, in addition to any other amounts appropriated by the Legislature. All money received from the sale or other disposition of personal property, other than money, acquired by or on behalf of a campus of the California State University by gift, bequest, or donation pursuant to Section 89720 or the predecessor of that section is hereby appropriated to the trustees for expenditure for capital outlay for, or the acquisition and improvement of real or personal property for, the campus, in addition to other amounts appropriated by the Legislature. No money shall be expended by the trustees under this subdivision without the approval of the Director of Finance. The money shall augment the support or capital outlay appropriation of the California State University current at the date of issuance of the Controller’s receipt as may be designated by the trustees before the deposit of that money in the State Treasury. (Amended by Stats. 2022, Ch. 530, Sec. 1. (AB 2422) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89725. Source version: id_fb39bf40-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. (a) Notwithstanding any law to the contrary, grants, revenues, and funds of any nature received by the trustees for research, workshops, conferences, institutes, and special projects from the state, federal government, local government, or private persons, may be transmitted to the Treasurer and, if transmitted, shall be deposited in the California State University Special Projects Fund, which is hereby established in the State Treasury. (b) All grants, revenues, and funds deposited in the California State University Special Projects Fund are appropriated without regard to fiscal year to the trustees for the operation, support, and development of research, workshops, conferences, institutes, and special projects in the California State University. (c) Provision shall be made by the trustees for reimbursements to the General Fund for the cost of space and services furnished to projects funded by the California State University Special Projects Fund. (d) Notwithstanding any law to the contrary, the trustees shall have authority to establish the rules and procedures under which the fund shall operate. All expenditures shall be made in accordance with the rules and procedures, without prior approval of the Department of General Services or the Department of Finance. Expenditures from the fund shall be audited as frequently as the Audits Division of the Department of Finance deems appropriate. (e) (1) Moneys in the California State University Special Projects Fund may be invested by the Treasurer or by the chief fiscal officer of a campus of the California State University, upon approval of the trustees, only in eligible securities listed in Section 16430 of the Government Code, or, in accordance with Section 89726, in any of the following: (A) Mutual funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission. (B) Publicly traded real estate investment trusts registered with the United States Securities and Exchange Commission. (C) Institutional commingled funds, including commingled trust funds and collective trust funds, offered by investment advisors registered with, and under the regulatory authority of, the United States Securities and Exchange Commission. (D) Exchange-traded funds subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission. (2) All interest or other earnings received pursuant to those investments described in paragraph (1) shall be collected by the Treasurer, and shall be deposited in the fund. (Amended by Stats. 2022, Ch. 530, Sec. 2. (AB 2422) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89725.1. Source version: id_0021cb89-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. Moneys received from the sale of interests in real property of the California State University in Contra Costa County shall be deposited and maintained in the State Treasury to the credit of the California State University Special Projects Fund and shall be available to the trustees for the purchase and development of real property for a California State University off campus center in Contra Costa County. (Added by Stats. 1990, Ch. 985, Sec. 1. Effective September 18, 1990.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 2. Revenues [89720 - 89726] SECTION 89726. Source version: id_ff0cc042-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=2. (a) (1) The trustees may invest in securities or investments not listed in Section 16430 of the Government Code only if the trustees have established a committee to provide advice and expertise on investments. (2) A majority of the members of the committee shall be individuals who have investment expertise and who are not employees of the California State University. (3) The trustees shall allow the Treasurer to serve as a member of the committee or to appoint a deputy treasurer to serve as a member of the committee. (b) The total amount invested in securities or investments not listed in Section 16430 of the Government Code shall not exceed the following amounts: (1) In the fiscal year ending June 30, 2022, 30 percent of all moneys invested pursuant to Sections 89724 and 89725. (2) In the fiscal year ending June 30, 2023, and each fiscal year thereafter, 65 percent of all moneys invested pursuant to Sections 89724 and 89725. (c) (1) The trustees shall receive an investment performance report quarterly and distribute an annual report to the Legislature, in compliance with Section 9795 of the Government Code, and the Department of Finance. (2) The investment performance reports shall include investment returns, comparisons to benchmarks, holdings, market values, and fees. (d) Any additional moneys earned through investments in securities or investments not listed in Section 16430 of the Government Code shall be used only for capital outlay or maintenance, and shall not be used for ongoing operations. (e) The trustees shall not submit a request to the Department of Finance or the Legislature for any funds to compensate for investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code. (f) The trustees shall not cite investment loss resulting from investments in securities or investments not listed in Section 16430 of the Government Code to justify approval of an increase in student tuition or fees. No increase in tuition or reduction in course sections offered shall be adopted because of investment losses sustained as a result of this section. (Amended by Stats. 2022, Ch. 530, Sec. 3. (AB 2422) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89750. Source version: id_0021cb8d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. The trustees shall control and expend all money appropriated for the support and maintenance of the California State University, and all money received as donations pursuant to Section 89720. (Amended by Stats. 1983, Ch. 143, Sec. 150.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89750.5. Source version: id_c6d548e8-3ee8-11e6-976a-ea9f0138f43d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. (a) Notwithstanding Sections 948 and 965.2 of the Government Code or any other law, the trustees may settle, adjust, or compromise any pending action or final judgment, without the need for a recommendation, certification, or approval from any other state officer or entity. The Controller shall draw a warrant for the payment of any settlement, adjustment, or compromise, or final judgment against the trustees if the trustees certify that a sufficient appropriation for the payment of the settlement, adjustment, compromise, or final judgment exists. (b) Notwithstanding paragraph (3) of subdivision (b) of Section 905.2 of the Government Code or any other law, the trustees may pay any claim for money or damages on express contract or for an injury for which the trustees or their officers or employees are liable, without approval of the Department of General Services, if the trustees determine that payment of the claim is in the best interests of the California State University and that funds are available to pay the claim. The authority of the trustees conferred by this subdivision does not alter any other requirements governing claims in the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code), except to grant the trustees authority to pay these claims. (c) Notwithstanding Chapter 3 (commencing with Section 13940) of Part 4 of Division 3 of Title 2 of the Government Code, the trustees may discharge from accountability the sum of one thousand dollars ($1,000) or less, owing to the California State University, if the trustees determine that the money is uncollectible or the amount does not justify the cost of collection. A discharge of accountability by the trustees does not release any person from the payment of any moneys due the California State University. (Amended by Stats. 2016, Ch. 31, Sec. 26. (SB 836) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89751. Source version: id_00235231-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. The State Treasurer is designated as the custodian of all funds received by the state from the government of the United States or of any agency or agencies thereof under any agreement for the education of veterans, and he may receive, and provide for the proper custody of, all money so received. The funds received by the state shall be expended by the officers or agency administering the program to carry out the provisions of the act of the Congress and rules and regulations lawfully adopted thereunder. Such funds are exempt from the provisions of Section 925.6 of the Government Code and shall be paid out by the Treasurer on warrants drawn by the State Controller on claims submitted by the trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89752. Source version: id_00235233-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. The trustees shall prescribe rules and regulations subject to the approval of and audit by the Department of Finance covering the collection, custody, and disposition of any and all money collected by any state college. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89753. Source version: id_d42eebd7-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. All appropriations for the support of the California State University and the trustees shall be subject to Section 13320 of the Government Code and applicable Budget Act restrictions, with the following exceptions: (a) The trustees may, with regard to funds appropriated for the support of the California State University, approve any transfer of funds between general fund appropriations and support appropriations, unless restricted by the Budget Act or any other act, and within and between any category designated in any schedule set forth for the appropriation. In addition, the trustees may authorize the augmentation of the amount available for a category designated in any schedule set forth for the appropriation by transfer from any of the other designated categories, including additional reimbursements and amounts receivable within the same schedule, and shall furnish the Joint Legislative Budget Committee and appropriate legislative fiscal committees a report, on or before January 10, of the authorizations given during the preceding four quarters. (b) The trustees may approve travel, both within and outside the state, and the payment of allowances and expenses related to travel, moving, and the relocation of employees in accordance with the allowances established by the trustees. (c) The trustees may, within funds appropriated for the support of the California State University, establish new positions and make changes in existing positions and the position payroll roster. (Amended by Stats. 2022, Ch. 54, Sec. 44. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89754. Source version: id_00235237-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. The intent of Section 89753 is to give the trustees maximum responsibility within available funds. It is the further intent of the Legislature by said provisions to allow the trustees greater flexibility in their financial affairs and to allow the individual campuses greater flexibility in the expenditure of their appropriations. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89755. Source version: id_0024d8d9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. All actions of the trustees taken pursuant to Section 89753 are limited to the fiscal year in which the action is taken and subject to audit by the Department of Finance, as well as legislative review, prior to extension into the subsequent fiscal year. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89756. Source version: id_0024d8db-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. Notwithstanding any other provision of law, the chief administrative officer of each campus of the California State University shall be responsible for the propriety of the expenditure, and the integrity of the financial reporting, of the following funds received by the campus: (1) State appropriations. (2) Gifts. (3) Bequests. (4) Trust funds. (5) Grants, loans, or combinations thereof. The chief administrative officer shall also be responsible for the propriety of all expenditures, and the integrity of the financial reporting, made by auxiliary organizations. The chief administrative officer of a state university is, for the purpose of this section, the president of the university. (Amended by Stats. 1983, Ch. 143, Sec. 152.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89757. Source version: id_130060dc-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. None of the funds enumerated in Section 89756, nor any of the funds of an auxiliary organization, shall ever be used by any university or college for membership or for any participation involving a financial payment or contribution, on behalf of the institution, or any individual employed by or associated therewith, in any private organization whose membership practices are discriminatory on the basis of the characteristics listed in Section 66270. This section does not apply to any public funds that have been paid to an individual employee or officer as salary, or to any funds that are used directly or indirectly for the benefit of student organizations. (Amended by Stats. 2007, Ch. 569, Sec. 55. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89758. Source version: id_0024d8df-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. Notwithstanding any other provision of law, obligations may be incurred for the summer quarter operation in the California State University at campuses on year-round operations, subsequent to enactment of a Budget Act and prior to July 1, payable from the appropriations contained in such Budget Act for those purposes. The obligations and the payment thereof shall be subject to Section 89753. (Amended by Stats. 1983, Ch. 143, Sec. 153.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89759. Source version: id_00265f81-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. Notwithstanding Sections 935.6, 948, 965, and 965.2 of the Government Code, or any other provision of law to the contrary, the Controller shall draw a warrant for the payment of any claim, settlement, or judgment against a special fund or a trust fund administered by the trustees if the trustees certify that sufficient moneys for the payment of the claim, settlement, or judgment exist within the special fund or trust fund. Records regarding the payments are subject to post audit by the Director of Finance. (Added by Stats. 1991, Ch. 414, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89760. Source version: id_00265f83-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. (a) The trustees may transfer money from one special fund to another special fund or to the general fund in order to meet the commitments of the California State University if the transferred moneys are returned to the special fund of origin in time to fulfill the purposes of the special fund. Interest shall be paid on all money transferred to another special fund or to the general fund at a rate determined by the trustees to be the current earning rate of the fund from which the money was transferred. (b) “Special fund,” as used in this section, means enterprise and trust funds of the California State University and includes any fund subject to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8 of Part 55). (c) This section does not authorize any transfer or loan of money to or from any special fund or the General Fund if the transfer or loan would impair a contractual obligation of the trustees, including, but not necessarily limited to, contractual obligations incurred by the trustees pursuant to the State University Revenue Bond Act of 1947. (Amended by Stats. 1998, Ch. 954, Sec. 29. Effective January 1, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89761. Source version: id_00265f85-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. (a) The California State University shall adhere to uniform accounting standards in accordance with Generally Accepted Accounting Principles (GAAP) for institutions of higher education. (b) In the 1993–94 fiscal year, the California State University on five campuses representing the diversity of the system in both size of student body and campus budget shall have an independent audit of all funds performed and an independent audit report prepared. (c) A copy of the audit reports shall be available for public inspection in the library of each campus of the university. (d) The costs associated with the annual independent audit and audits performed pursuant to Section 89045 shall be funded from existing resources. (Amended by Stats. 2001, Ch. 745, Sec. 41. Effective October 12, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 4. Expenditures and Control [89750 - 89762] SECTION 89762. Source version: id_bb09d0d9-e38e-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=4. (a) The contributions of the California State University to the Public Employees’ Retirement Fund, as provided by Section 20822 of the Government Code, shall be based on pensionable compensation and the rates set forth in the Budget Act, and shall be paid out of the California State University total appropriation in the annual Budget Act. (b) Beginning in the 2013–14 fiscal year and each fiscal year thereafter, annual adjustments to the budget allocation for California State University pension contributions shall be based on the university’s actual 2013–14 fiscal year pensionable payroll, as identified by the Controller’s office, by funding source and state member categories, and the incremental change in the rates set forth in the annual Budget Act. (c) Budget adjustments under this section shall not be made for subsequent changes in payroll. (d) Pension funding for the university shall be identified annually in the Budget Act. (Added by Stats. 2013, Ch. 50, Sec. 5. (AB 94) Effective July 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] SECTION 89770. Source version: id_b55d6a71-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=5. (a) (1) The California State University may pledge, in addition to any of its other revenues that the university chooses to pledge, its annual General Fund support appropriation less the amount of that appropriation required to fund general obligation bond payments and State Public Works Board rental payments, to secure the payment of debt obligations issued by the Trustees of the California State University pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010) of Chapter 8). (2) To the extent the university pledges any part of its support appropriation as a source of revenue securing any obligation, it shall provide that this commitment of revenue is subject to annual appropriation by the Legislature. (3) The university may fund debt service for capital expenditures defined in subdivision (b), and the costs or expenses incidental to the issuance and sale of bonds to finance those costs, including, but not limited to, capitalized interest on the bonds, from its General Fund support appropriation pursuant to Sections 89772 and 89773. (4) The state hereby covenants with the holders of the university’s obligations, secured by the pledge of the university authorized by this section, that so long as any of the obligations referred to in this subdivision remain outstanding, the state will not impair or restrict the ability of the university to pledge any support appropriation or support appropriations that may be enacted for the university. The university may include this covenant of the state in the agreements or other documents underlying the university’s obligations to this effect. (b) For purposes of this section, “capital expenditures” means any of the following: (1) The costs to acquire real property to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs. (2) The debt service amount associated with refunding, defeasing, or retiring State Public Works Board lease revenue bonds. (3) The costs to design, construct, or equip energy conservation projects. (4) The costs of deferred maintenance of academic facilities and related infrastructure. (c) This section does not require the Legislature to make an appropriation from the General Fund in any specific amount to support the California State University. (d) The ability to utilize its support appropriation as stated in this section shall not be used as a justification for future increases in student tuition, additional employee layoffs, or reductions in employee compensation at the California State University. (Amended by Stats. 2015, Ch. 303, Sec. 137. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] SECTION 89771. Source version: id_136ecb40-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=5. (a) The California State University may fund pay-as-you-go capital outlay projects from its General Fund support appropriation pursuant to Sections 89772 and 89773. (b) For purposes of this section, a “capital outlay project” means the costs to acquire real property to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities; renewal or expansion of infrastructure to serve academic programs; and the costs to design, construct, or equip energy conservation projects. (Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] SECTION 89772. Source version: id_13c9ec6f-1ea7-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=5. (a) (1) Commencing with the 2014–15 fiscal year, and for each fiscal year thereafter, if the California State University plans to use any of its support appropriation in the annual budget, or any other revenues pursuant to paragraph (1) of subdivision (a) of Section 89770, for the subsequent fiscal year for capital expenditures, pursuant to and as defined in paragraph (1) of subdivision (b) of Section 89770, or for capital outlay projects pursuant to Section 89771, it shall simultaneously submit, on or before September 1, 10 months before the commencement of that fiscal year, a preliminary report to the committees in each house of the Legislature that consider the state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the California State University, and the Department of Finance. (2) The preliminary report shall detail the scope of all capital expenditures and capital outlay projects and how those capital expenditures and capital outlay projects will be funded, and it shall provide the same level of detail as a capital outlay budget change proposal. (3) The California State University shall submit, on or before December 1, a final report to the committees in each house of the Legislature that consider the state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the California State University, and the Department of Finance. (4) The final report shall detail the scope of all capital expenditures and capital outlay projects and how those capital expenditures and capital outlay projects will be funded, and it shall provide the same level of detail as a capital outlay budget change proposal. (5) The Department of Finance shall review the final report and submit, by February 1, a list of preliminarily approved capital expenditures and capital outlay projects to the committees in each house of the Legislature that consider the state budget and the budget subcommittees in each house of the Legislature that consider appropriations for the California State University. These committees may review and respond to the list of preliminarily approved capital expenditures and capital outlay projects before April 1. (6) The Department of Finance shall submit a final list of approved capital expenditures and capital outlay projects to the California State University by no earlier than April 1, three months before the commencement of the fiscal year of the planned expenditures. (b) The Department of Finance may approve capital expenditures, as defined in paragraphs (3) and (4) of subdivision (b) of Section 89770, no sooner than 30 days after submitting, in writing, a list of expenditures being considered for approval, to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and the appropriate subcommittees in each house of the Legislature that consider the state budget and the Chairperson of the Joint Legislative Budget Committee. (c) The California State University shall not use its General Fund support appropriation to fund any capital expenditures, as defined in paragraphs (1), (3), and (4) of subdivision (b) of Section 89770, or capital outlay projects defined in subdivision (b) of Section 89771 before receiving approval from the Department of Finance pursuant to this section. (d) (1) For the 2014–15 fiscal year only, if the California State University plans to use any of its support appropriation in the annual budget for the 2014–15 fiscal year for capital expenditures defined in paragraph (1) of subdivision (b) of Section 89770 or for capital outlay projects pursuant to Section 89771, the California State University shall simultaneously submit, on or before August 1, 2014, a report to the committees in each house of the Legislature that consider the state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the California State University, and the Department of Finance. This report shall detail the scope of all capital expenditures and capital outlay projects and how those capital expenditures and capital outlay projects will be funded. This report shall include the same level of detail as a capital outlay budget change proposal. (2) The Department of Finance shall review, by November 1, 2014, the report and submit a list of preliminarily approved capital expenditures and capital outlay projects to the committees in each house of the Legislature that consider the State Budget, and the budget subcommittees in each house of the Legislature that consider appropriations for the California State University. These committees may review and respond to the list of preliminarily approved capital expenditures and capital outlay projects before December 1, 2014. (3) The Department of Finance shall submit a final list of approved projects to the California State University no earlier than December 1, 2014. (4) The California State University shall not proceed with any capital expenditures defined in paragraph (1) of subdivision (b) of Section 89770 or capital outlay projects defined in Section 89771, before receiving approval from the Department of Finance pursuant to this subdivision. (e) (1) Notwithstanding subdivision (c), commencing with the 2014–15 fiscal year, the California State University may use its support appropriation in the annual budget for the capital expenditures and capital outlay projects identified in the resolution approved by the Trustees of the California State University on January 28, 2015, titled “Approval to Issue Trustees of the California State University, Systemwide Revenue Bonds and Related Debt Instruments for Systemwide Infrastructure Improvement Projects (RFIN 01-15-04).” (2) Notwithstanding subdivision (c), commencing with the 2015–16 fiscal year, the California State University may use its support appropriation in the annual budget for the capital expenditures and capital outlay projects identified in the “2015–2016 CSU/State Funded Capital Outlay Program” referenced in the resolution approved by the Trustees of the California State University on November 13, 2014, titled “Approval of the 2015–2016 Capital Outlay Program and the 2015–2016 through 2019–2020 Five-Year Capital Improvement Program (RCPBG 11-14-17).” (f) Notwithstanding Section 10231.5 of the Government Code, commencing with the 2015–16 fiscal year, on or before February 1 of each fiscal year, the California State University shall simultaneously submit a progress report to the Joint Legislative Budget Committee and the Department of Finance detailing the scope, funding, and current status of all capital expenditures undertaken pursuant to Section 89770 and for all capital outlay projects undertaken pursuant to Section 89771. (Amended by Stats. 2015, Ch. 22, Sec. 21. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] SECTION 89773. Source version: id_136ef154-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=5. The California State University shall manage its debt programs in a manner so that not more than 12 percent of its General Fund support appropriation, less the amount of that appropriation that is required to fund general obligation bond payments and State Public Works Board rental payments, is used for the total of both of the following: (a) Debt service for capital expenditures pursuant to Section 89770. (b) Pay-as-you-go capital outlay projects pursuant to Section 89771. (Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 5. Use of General Fund Support Appropriations for Capital Expenditures and Capital Outlay Projects [89770 - 89774] SECTION 89774. Source version: id_136ef156-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=5. Notwithstanding any other law, excluding Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code, the California State University may proceed with capital expenditures and capital outlay projects pursuant to Sections 89772 and 89773 without the need for any further limitations or approvals, except those delineated in Sections 89772 and 89773. (Added by Stats. 2014, Ch. 34, Sec. 24. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 6. Finance [89700 - 89775] ARTICLE 6. California State University, Los Angeles Physical Sciences Renovation Project [89775- 89775.] SECTION 89775. Source version: id_7e30e321-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=6.&article=6. Any remaining proceeds for the California State University deposited in the 1996 Higher Education Capital Outlay Bond Fund created by Section 100115, the 2002 Higher Education Capital Outlay Bond Fund established by subdivision (b) of Section 100650, the 2004 Higher Education Capital Outlay Bond Fund established by subdivision (b) of Section 100850, and the 2006 University Capital Outlay Bond Fund established by subdivision (b) of Section 101040 is hereby appropriated and allocated to the California State University for the construction phase of the Los Angeles Physical Sciences Building Renovation project, the expenditure of which is not subject to subdivision (b) of Section 89772. (Added by Stats. 2019, Ch. 53, Sec. 25. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89900. Source version: id_0027e62b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. (a) A certified public accountant shall be selected by each auxiliary organization described in Section 89901. The office of the chancellor, in cooperation with the Department of Finance, shall develop and forward the applicable auditing and reporting procedures to each auxiliary organization for distribution to the selected certified public accountant. In accordance with procedures prescribed by the chancellor, the certified public accountant shall annually audit any and all state university auxiliary funds. The auxiliary organizations shall contract for and receive the audit annually, and shall submit the audit to the trustees. Auxiliary organizations shall annually publish an audited statement of their financial condition, which statement shall be disseminated as widely as feasible and be available to any person on request. In the case of an auxiliary organization primarily serving a single campus of the California State University, publication in the campus student newspaper shall be deemed compliance with this requirement. In the case of an auxiliary organization serving the Trustees of the California State University, distribution of the published audited statement of its financial condition at a regularly scheduled meeting of the trustees shall be deemed compliance with this requirement. (b) In the case of an auxiliary organization primarily serving a single campus of the California State University, the president of that state university shall be responsible for ascertaining that all expenditures are in accordance with policies of the trustees, the propriety of all expenditures, and the integrity of the financial reporting, made by auxiliary organizations. (c) The operation of auxiliary organizations shall be conducted in conformity with regulations established by the trustees. The regulations shall include provisions requiring the governing board of each auxiliary organization to provide salaries, working conditions, and benefits for the full-time employees of each auxiliary organization that are comparable to those provided California State University employees performing similar services. However, the regulations may permit retirement benefits or permanent status benefits, or both, to be withheld from temporary and executive employees of each auxiliary organization. In addition, the regulations may exempt from the requirement of providing retirement benefits any auxiliary organization that is funded primarily by mandatory student fees collected by the trustees. For the purposes of this subdivision, a temporary employee is (a) an employee employed for a research project, workshop, institute, or other special project funded by any grant, contract or gift; or (b) an employee whose contract of employment is for a fixed term not exceeding three years. For the purposes of this subdivision, an executive employee is any management employee with responsibility for the development and execution of auxiliary organization policy and includes, but is not limited to, general managers, business managers, directors, and the like. For purposes of this subdivision, “full-time employee” means a person who is employed in a permanent position for 40 hours per week or for the required number of hours of a particular work shift, whichever is the lesser. Persons employed on a temporary, intermittent, irregular time base, or on a limited term basis are not “full-time employees,” unless those employees are engaged on a continuing 10-month or academic year basis and are employed for 40 hours per week or for the required number of hours of a particular work shift, whichever is the lesser. For those full-time employees whose duties are not comparable to classes in California State University employment, the salaries established shall be at least equal to the salaries prevailing in other educational institutions in the area or commercial operations of like nature. This requirement shall apply to full-time employees of auxiliary organizations even if there are no California State University employees performing similar services. (d) Retirement benefits may be provided by other than the Public Employees’ Retirement System. A contract for participation in the Public Employees’ Retirement System in accordance with the terms and conditions of the Public Employees’ Retirement Law shall be deemed to satisfy fully the requirements of subdivision (c) with respect to retirement. Notwithstanding anything in subdivision (c) to the contrary, the regulations established by the trustees may exempt the governing board of any newly created auxiliary organization from the requirement of providing retirement benefits for a period not to exceed three years from the date that the auxiliary organization is established. (Amended by Stats. 1991, Ch. 414, Sec. 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89901. Source version: id_0027e62d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. As used in this article, the term “auxiliary organization” includes the following entities: (a) Any entity in which any official of the California State University participates as a director as part of his or her official position. (b) Any entity formed or operating pursuant to Article 1 (commencing with Section 89300) of Chapter 3. (c) Any entity which operates a commercial service for the benefit of a campus of the California State University on a campus or other property of the California State University. (d) Any entity whose governing instrument provides in substance both of the following: (1) That its purpose is to promote or assist any campus of the California State University, or to receive gifts, property, and funds to be used for the benefit of such campus or any person or organization having an official relationship therewith. (2) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of an official of any campus of the California State University, or selected, ex officio, from the membership of the student body or the faculty or the administrative staff of campus. (e) Any entity whose governing instrument provides in substance both of the following: (1) That its purpose is to promote or assist the trustees of the California State University, or to receive gifts, property, and funds to be used for the benefit of the trustees of the California State University or any person or organization having an official relationship therewith. (2) That any of its directors, governors, or trustees are either appointed or nominated by, or subject to, the approval of the trustees or an official of the California State University, or selected, ex officio, from the membership of the trustees or the administrative staff of the California State University. (f) Any entity which, exclusive of the foregoing subdivisions of this section, is designated as an auxiliary organization by the trustees. (Amended by Stats. 1983, Ch. 143, Sec. 154.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89902. Source version: id_0027e62f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. This article shall not apply to any student body organization not formed or operating pursuant to Article 1 (commencing with Section 89300) of Chapter 3 nor to any student or faculty society, social club, fraternity, or sorority, nor to any alumni association, whether officially recognized as a campus organization or not, unless it is described in Section 89901. This section shall not be construed to alter or limit the powers of the trustees to establish rules and regulations governing organizations which maintain an official relationship with any campus of the California State University or which use the name or facilities of the campus. (Amended by Stats. 1983, Ch. 143, Sec. 155.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89903. Source version: id_3e680c3d-73b2-11da-9b4e-d38096ed7518 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. (a) (1) Each auxiliary organization formed pursuant to this article shall have a board of directors composed, both as to size and categories of membership, in accordance with regulations established by the Trustees of the California State University. (2) If, in any fiscal year, a majority of the funding of the auxiliary organization is received from student fees collected on a campus or systemwide, at least a majority of the board of directors of that auxiliary organization shall consist of California State University students with full voting privileges on that board. This paragraph shall only be applicable to effectuate a change in the membership of a board of directors of an auxiliary organization if the trustees determine that there is no legal or contractual barrier to changing the governing structure of that organization. In the event that the trustees determine that there is a legal or contractual barrier to changing the governing structure of an auxiliary organization, information relating to that determination shall be reported, in a timely manner, to that auxiliary organization and any affected student body organization. (b) Each governing board shall, during each fiscal year, hold at least one business meeting in accordance with Article 2 (commencing with Section 89920). The board shall have the benefit of the advice and counsel of at least one attorney admitted to practice law in this state and at least one licensed certified public accountant. Neither the attorney at law nor the certified public accountant need be members of the board. (c) No auxiliary organization shall accept any grant, contract, bequest, trust, or gift, unless it is so conditioned that it may be used only for purposes consistent with policies of the trustees. (Amended by Stats. 2005, Ch. 318, Sec. 11. Effective January 1, 2006.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89904. Source version: id_00296cd3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. All expenditures and fund appropriations of auxiliary organizations described in Section 89903 shall be approved by the governing board of the auxiliary organization. Appropriations of funds for use outside of the normal business operations of the auxiliary organization shall be approved in accordance with trustee policy and regulations by an officer designated by the trustees. The trustees in consultation with the Department of Finance and the governing boards of the various auxiliary organizations described in Section 89903, on or before the beginning of the 1970–1971 fiscal year, shall: (a) Institute a standard systemwide accounting and reporting system for businesslike management of the operation of such auxiliary organizations. (b) Implement financial standards which will assure the fiscal viability of such various auxiliary organizations. Such standards shall include proper provision for professional management, adequate working capital, adequate reserve funds for current operations and capital replacements, and adequate provisions for new business requirements. (c) Institute procedures to assure that transactions of the auxiliary organizations are within the educational mission of the state colleges. (d) Develop policies for the appropriation of funds derived from indirect cost payments not required to implement subdivision (b). Uses of such funds shall be regularly reported to the trustees. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89904.5. Source version: id_00296cd5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. The trustees shall, by July 1, 1983, develop and implement guidelines to ensure that auxiliary organizations classified as foundations for sponsored programs, workshops, and institutes maintain fiscal viability. These guidelines shall specify how reimbursement received by a foundation for indirect costs in connection with the performance of grants or contracts which exceeds the indirect costs actually incurred by the foundation for those grants or contracts shall be divided between the foundation and the campus of the California State University which the foundation serves, in a manner consistent with the educational mission of the university. (Added by Stats. 1982, Ch. 818, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89904.6. Source version: id_00296cd7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. The trustees shall, by July 1, 1983, develop and implement guidelines to ensure that auxiliary organizations classified as foundations for sponsored programs, workshops, and institutes, expend discretionary funds in a manner consistent with the educational mission of the university. (Added by Stats. 1982, Ch. 818, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89905. Source version: id_00296cd9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. Operations of commercial services on a campus of the California State University, such as a food service or bookstore, or any commercial services that may be provided in a state university union, shall, when operated by an auxiliary organization, be self-supporting. Any surplus funds from commercial operations shall be used for such purposes as are consistent with regulations of the trustees. (Amended by Stats. 1983, Ch. 143, Sec. 157.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89905.5. Source version: id_002af37b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. (a) No auxiliary organization operating a commercial service on the California State University, Chico, campus shall discontinue that commercial service without providing the campus with adequate notice of its intent to discontinue the service, and the opportunity to continue the service through another means. (b) No commercial service operated by an auxiliary organization on the California State University, Chico, campus or any aspect of the management of the commercial services shall be taken over by the Trustees of the California State University, the Chancellor of the California State University, the president of a campus of the California State University, or another auxiliary organization unless all of the following conditions are met: (1) The entity seeking to assume all or part of the management of the commercial service has demonstrated that the commercial service has substantial programmatic or financial difficulties. (2) The governing board of the auxiliary organization currently operating the commercial service has been provided adequate opportunity to respond to the concerns demonstrated pursuant to paragraph (1). (3) The governing board of the entity seeking to assume all or part of the management of the commercial service has approved the assumption of the new programmatic or financial responsibility. (4) The auxiliary organization currently operating the commercial service has been provided adequate compensation for any losses, including, but not limited to, property, inventory, services, or employees directly resulting from the assumption of all or part of the operation of the commercial service by the entity. (c) If an entity assumes responsibility for commercial services pursuant to subdivision (b), the entity shall be established as an official California State University auxiliary organization operating separate from, but related to, the university of service so as to protect the state from all possible liability associated with the operation of commercial services. (Added by Stats. 1988, Ch. 1615, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89906. Source version: id_002af37d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. No member of the governing board of an auxiliary organization shall be financially interested in any contract or other transaction entered into by the board of which he is a member, and any contract or transaction entered into in violation of this section is void. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89907. Source version: id_002af37f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. No contract or other transaction entered into by the governing board of an auxiliary organization is void under the provisions of Section 89906, nor shall any member of such board be disqualified or deemed guilty of misconduct in office under said provisions, if the circumstances specified in the following subdivisions exist: (a) The fact of such financial interest is disclosed or known to the governing board and noted in the minutes, and the governing board thereafter authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient for the purpose without counting the vote or votes of such financially interested member or members, and (b) The contract or transaction is just and reasonable as to the auxiliary organization at the time it is authorized or approved. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89908. Source version: id_002af381-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. The provisions of Section 89907 shall not be applicable if the circumstances specified in any of the following subdivisions exist: (a) The contract or transaction is between an auxiliary organization and a member of the governing board of that auxiliary organization. (b) The contract or transaction is between an auxiliary organization and a partnership or unincorporated association of which any member of the governing board of that auxiliary organization is a partner or in which he is the owner or holder, directly or indirectly, of a proprietorship interest. (c) The contract or transaction is between an auxiliary organization and a corporation in which any member of the governing board of that auxiliary organization is the owner or holder, directly or indirectly, of 5 percent or more of the outstanding common stock. (d) A member of the governing board of an auxiliary organization is interested in a contract or transaction within the meaning of Section 89906, and without first disclosing such interest to the governing board at a public meeting of the board, influences or attempts to influence another member or members of the board to enter into the contract or transaction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89909. Source version: id_002af383-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. It is unlawful for any person to utilize any information, not a matter of public record, which is received by him by reason of his membership on the governing board of an auxiliary organization, for personal pecuniary gain, regardless of whether he is or is not a member of the governing board at the time such gain is realized. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89911. Source version: id_a06b1a4e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. Any construction project located on property of the California State University that is performed pursuant to a contract entered into or awarded by an auxiliary organization and funded in whole or in part by public funds is subject to the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2 of the Public Contract Code). (Added by Stats. 2006, Ch. 346, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1. General Provisions [89900 - 89912] SECTION 89912. Source version: id_002af385-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1. All bonds, notes, borrowings, or other evidences of indebtedness of an auxiliary organization and interest thereon or income therefrom are exempt from all taxation in the state other than estate and generation skipping transfer taxes. (Added by Stats. 1993, Ch. 779, Sec. 6. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89913. Source version: id_cfac4121-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. The Legislature finds and declares all of the following: (a) Access to information concerning the conduct of the people’s business is a necessary and fundamental right of every person in this state. (b) California State University auxiliary organizations promote and assist the Trustees of the California State University by engaging in activities that are essential and integral to the mission and purpose of the California State University. (c) California State University auxiliary organizations are independently governed corporations that are legally separate from the California State University. (d) Access to records used, owned, or maintained by auxiliary organizations must be balanced by the need to protect the individual privacy rights of donors and volunteers, and to protect an auxiliary organization’s fiduciary interests. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89913.5. Source version: id_cfac6833-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. For purposes of this article, the following terms have the following meanings: (a) “Auxiliary organization” means those entities defined in Section 89901. (b) “Identifiable writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89914. Source version: id_cfacb655-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. (a) Records maintained by an auxiliary organization shall be available to the public to inspect or copy at all times during the office hours of the auxiliary organization, except as hereafter provided. The records subject to inspection or copying by the public pursuant to this section shall include any identifiable writing containing information relating to the conduct of the auxiliary organization that is prepared, owned, used, or retained by an auxiliary organization. Any reasonably segregable portion of a record shall be promptly available for inspection and copying after redacting those portions exempt from disclosure by law. (b) Upon a request for a copy of a record that reasonably describes an identifiable record, an auxiliary organization shall make the record promptly available within a reasonable time to any person upon payment of fees covering only the direct cost of duplication, except with respect to records maintained by an auxiliary organization exempt from disclosure by law. Nothing in this article shall be construed to permit an auxiliary organization to delay or obstruct the inspection or copying of public records. (c) If a member of the public requests to inspect a public record or obtain a copy of a record held by an auxiliary organization, the organization shall assist the person to make a focused and effective request that reasonably describes an identifiable record or records. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89914.5. Source version: id_cfacdd67-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. (a) Upon a written request for a copy or inspection of records, an auxiliary organization shall determine, within 10 calendar days from the receipt of the request, whether the request, in whole or in part, seeks copies of disclosable records maintained by the auxiliary organization and shall notify the requester in writing without undue delay of the determination and the reasons therefor. (b) (1) In unusual circumstances, the time limit prescribed in this section may be extended by a written notice by the head of the auxiliary organization, or his or her designee, to the person making the request that sets forth the reasons for the extension and the date on which a determination is expected to be sent. That notice shall not specify a date that would result in an extension of more than 14 days. When the auxiliary organization sends the determination, and if the auxiliary organization determines that the request seeks disclosable public records, the auxiliary organization shall state the estimated date and time when the records will be made available. (2) As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (A) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (C) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having a substantial subject matter interest therein. (D) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. (c) An auxiliary organization shall justify withholding a record by demonstrating that the record is exempt from disclosure by law, or that, on the facts of the particular request, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (d) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing and shall set forth the names and titles or positions of each person responsible for the denial. (e) This article shall not limit access to a public record on the basis of the purpose for which the record is being requested, if the record is otherwise subject to disclosure. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89915. Source version: id_cfad79a9-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. (a) Unless otherwise prohibited by law, an auxiliary organization that has information that constitutes an identifiable record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that record available in an electronic format when requested by any person and, when applicable, shall comply with both of the following: (1) An auxiliary organization shall make an electronic record available in the electronic format in which it holds the information. (2) An auxiliary organization shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the auxiliary organization to create copies for its own use or for provision to other entities or persons. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record if either of the following applies: (1) In order to comply with the provisions of subdivision (a), an auxiliary organization would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals. (2) The request would require data compilation, extraction, or programming to produce the record. (c) If a request is for a record in a nonelectronic format, and the record is also available in an electronic format, an auxiliary organization may inform the requester that the record is available in an electronic format. (d) Nothing in this section shall be construed to do any of the following: (1) Require an auxiliary organization to reconstruct a record in an electronic format if the auxiliary organization no longer has the record available in an electronic format. (2) Permit an auxiliary organization to make a record available only in an electronic format. (3) Require an auxiliary organization to release an electronic record in the electronic form in which it is held by the auxiliary organization if its release would jeopardize or compromise the security or integrity of the original record, or of any proprietary software with which it is maintained. (4) Permit public access to records held by an auxiliary organization to which access is otherwise restricted by law. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89915.5. Source version: id_ef1096bb-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. Nothing in this article shall require an auxiliary organization to disclose information that is exempt from disclosure pursuant to an exemption set forth in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 84. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89916. Source version: id_f2d7b0dd-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. (a) Notwithstanding any other law, the following records maintained by an auxiliary organization shall not be subject to disclosure: (1) Information that would disclose the identity of a donor, prospective donor, or volunteer. (2) Personal financial information, estate planning information, and gift planning information of a donor, prospective donor, or volunteer. (3) Personal information related to a donor’s private trusts or a donor’s private annuities administered by an auxiliary organization. (4) Information related to fundraising plans, fundraising research, and solicitation strategies to the extent that these activities are not already protected under Section 99040, Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code, Section 1060 of the Evidence Code, or Section 7927.705 of the Government Code. (5) The identity of students and alumni to the extent that this information is already protected under state and federal statutes applicable to the California State University. This paragraph shall not apply to a part-time or full-time employee of the auxiliary organization, or to a student who participates in a legislative body of a student body organization as defined in Section 89305.1. (b) Subdivision (a) shall not be construed to exempt from disclosure records that contain information regarding any of the following: (1) The amount and date of a donation. (2) Any donor-designated use or purpose of a donation. (3) Any other donor-imposed restrictions on the use of a donation. (4) (A) The identity of a donor who, in any fiscal year, makes a gift or gifts, in a quid pro quo arrangement, where either the value of the benefit received is in excess of two thousand five hundred dollars ($2,500) or the benefit would be impermissible under state or federal law. In these circumstances, records pertaining to the gift or gifts maintained by an auxiliary organization that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (B) Annually, on January 1, the monetary threshold set forth in subparagraph (A) shall be adjusted upward or downward to reflect the percentage change in the Consumer Price Index, as calculated by the United States Bureau of Labor Statistics, rounded off to the nearest one thousand dollars ($1,000). (5) Self-dealing transactions, including, but not limited to, loans of money or property, or material financial interests of or between auxiliary officers or directors and an auxiliary organization, as set forth in Sections 5233 and 5236 of the Corporations Code. In these circumstances, records pertaining to the self-dealing transactions maintained by an auxiliary organization that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (6) Any instance in which a volunteer or donor of a gift is awarded, within five years of the date of the service or gift, a contract from the university or auxiliary organization that was not subject to competitive bidding. In these circumstances, records pertaining to the service or gift maintained by an auxiliary organization that would otherwise be exempt from disclosure under paragraph (1) of subdivision (a) shall be disclosed. (Amended by Stats. 2021, Ch. 615, Sec. 85. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89916.5. Source version: id_cfae8b1f-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. (a) Notwithstanding any provision of law, trade secrets, as defined in Section 3426.1 of the Civil Code, shall not be subject to disclosure. This information shall be redacted from auxiliary organization records before disclosure. (b) For purposes of this section, “trade secrets” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that does both of the following: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use. (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89917. Source version: id_cfaed941-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any record or class of records maintained by an auxiliary organization under this article. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89917.5. Source version: id_cfaf0053-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. (a) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain records maintained by an auxiliary organization are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties, and any oral argument and additional evidence as the court may allow. (b) If the court finds that an auxiliary organization official’s decision to refuse disclosure is not justified under this article, he or she shall order the official to make the record public. If the judge determines that the official was justified in refusing to make the record public, he or she shall return the item to the official without disclosing its content with an order supporting the decision refusing disclosure. (c) An order of the court, either directing disclosure by an auxiliary organization or supporting the decision of the auxiliary organization official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (d) The court shall award court costs and reasonable attorney’s fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and reasonable attorney’s fees shall be paid by the auxiliary organization of which the official is a member or employee and shall not become a personal liability of the auxiliary organization official. If the court finds that the plaintiff’s case is clearly frivolous, the court shall award court costs and reasonable attorney’s fees to the auxiliary organization. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89918. Source version: id_c2eaf59c-47ef-11e2-a332-a4ecf032be92 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. (a) Notwithstanding any other provision of law, and except as provided for in subdivision (c), whenever an auxiliary organization discloses a record it maintains that is otherwise exempt from this article, this disclosure shall constitute a waiver of the exemptions specified in this article. (b) For purposes of this section, “auxiliary organization” includes a member, agent, volunteer, or officer of the auxiliary organization acting within the scope of his or her affiliation with the organization. (c) Subdivision (a) shall not apply to the following disclosures: (1) Disclosures made to a donor or prospective donor with regard to that donor’s donation or prospective donation to an auxiliary organization. (2) Disclosures made to a volunteer or prospective volunteer with respect to that volunteer’s services being provided to the auxiliary organization. (3) Disclosures made through other legal proceedings or as otherwise required by law. (4) Disclosures within the scope of a disclosure required by law that limits disclosure of specified writings to certain purposes. (5) Disclosures described in subdivision (a) of Section 89916 to an auditor conducting an audit. (6) Disclosures described in subdivision (a) of Section 89916 to a bank or similar financial institution in the course of ordinary financial transactions, or in response to a request from the bank or other financial institution relating to the ordinary delivery of financial services. (Amended by Stats. 2012, Ch. 162, Sec. 43. (SB 1171) Effective January 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89918.5. Source version: id_cfaf9c97-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. Any provision in a contract entered into after the effective date of this article between an auxiliary organization and another party that would prevent the disclosure of information required to be disclosed pursuant to this article is void and unenforceable, and such a provision shall not justify a failure to comply with the requirements of this article. (Added by Stats. 2011, Ch. 247, Sec. 2. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 1.5. The Richard McKee Transparency Act of 2011 [89913 - 89919] SECTION 89919. Source version: id_f64698df-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=1.5. This article shall not apply to any records subject to a request made pursuant to the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 86. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89920. Source version: id_002c7a29-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. Each governing board, or any subboard of the governing board, of an auxiliary organization shall conduct its business in public meetings. All governing board and subboard meetings shall be open and public, and all persons shall be permitted to attend any meeting of the governing board or subboard of an auxiliary organization, except as otherwise provided in this article. (Added by Stats. 1984, Ch. 1158, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89921. Source version: id_002c7a2b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. Each governing board and subboard shall annually establish, by resolution, bylaws, or whatever other rule is required for the conduct of business by that body, the time and locations for holding regular meetings. Each governing board and subboard shall, at least one week prior to the date set for the meeting, give written notice of every regular meeting, and any special meeting which is called, at least one week prior to the date set for the meeting, to any individual or medium that has filed a written request for notice. Any request for notice filed pursuant to this section shall be valid for one year from the date on which it is filed unless a renewal request is filed. (Added by Stats. 1984, Ch. 1158, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89922. Source version: id_002c7a2d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. A special meeting may be called at any time by the presiding officer of a governing board or subboard, or by a majority of the members of the governing board or subboard, by delivering personally or by mail written notice to each member of the board or subboard, and to any medium or other party to be directly affected by a meeting, or any other person who has requested notice in writing. The call and notice of a special meeting shall be delivered at least 24 hours prior to any meeting and shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at these meetings by the governing board or subboard. Written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, files with the clerk or the secretary of the governing board or subboard a written waiver of notice. The waiver may be given by telegram. Written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. (Added by Stats. 1984, Ch. 1158, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89923. Source version: id_002e00cf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. Any governing board or subboard may hold closed sessions to consider matters relating to litigation, collective bargaining, or the appointment, employment, evaluation of performance, or dismissal of an employee, or to hear complaints or charges brought against an employee by another person or employee, unless the employee requests a public hearing. For the purposes of this section, “employee” does not include any person elected or appointed to an office. A board or subboard, upon a favorable majority vote of its members, may also hold a closed session to discuss investments where a public discussion could have a negative impact on the auxiliary organization’s financial situation. In this case, a final decision shall only be made during public sessions. (Added by Stats. 1984, Ch. 1158, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89924. Source version: id_002e00d1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. No governing board or subboard shall take action on any issue until that issue has been publicly posted for at least one week. (Added by Stats. 1984, Ch. 1158, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89925. Source version: id_002e00d3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. Each auxiliary organization shall establish, by constitution, statute, bylaws, or resolution, provisions for elections of officers and board members. These provisions shall be designed to allow all those eligible to vote complete access to all information on issues and candidates. These provisions shall include, but not be limited to, provisions for sample ballots, numbers of days and hours for voting, polling locations, and notice of elections. (Added by Stats. 1984, Ch. 1158, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89926. Source version: id_002e00d5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. Where the constitution or articles of incorporation of an associated students auxiliary organization provides for a judiciary or judicial council with powers separate from the governing board of the auxiliary organization, decisions rendered by the judiciary or judicial council shall be final. (Added by Stats. 1984, Ch. 1158, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89927. Source version: id_002e00d7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. Each member of a governing board pursuant to this article who attends a meeting of the governing board where action is taken in violation of any provision of this article, with knowledge of the fact that the meeting is in violation of this article, is guilty of a misdemeanor. (Added by Stats. 1984, Ch. 1158, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 7. Auxiliary Organizations [89900 - 89928] ARTICLE 2. Meetings, Elections, and Judicial Determinations [89920 - 89928] SECTION 89928. Source version: id_002e00d9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=7.&article=2. This article is not applicable to either of the following: (a) Any entity formed or operating pursuant to Section 89300. (b) The governing board of any statewide student organization that represents the students of the California State University. (Amended by Stats. 2000, Ch. 330, Sec. 2. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 1. Housing [90000 - 90002] SECTION 90000. Source version: id_002f877f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=1. Student housing facilities may be established and maintained at any state university for the accommodation of students of the university. (Amended by Stats. 2000, Ch. 285, Sec. 7. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 1. Housing [90000 - 90002] SECTION 90001. Source version: id_002f8781-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=1. The trustees may require unmarried minor students of the state university, not living with a parent or guardian, to reside in private homes or other dwellings approved by the university, or to occupy student housing facilities provided at the university by the state. (Amended by Stats. 2000, Ch. 285, Sec. 8. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 1. Housing [90000 - 90002] SECTION 90001.5. Source version: id_b98a4b43-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=1. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the California State University have stable housing, each campus of the California State University that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the California State University that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current and former homeless youth and current and former foster youth for housing that is open for occupation during the most days in the calendar year. (b) In addition, each campus of the California State University is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the California State University, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. (Amended by Stats. 2015, Ch. 571, Sec. 3. (AB 1228) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 1. Housing [90000 - 90002] SECTION 90002. Source version: id_00310e23-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=1. All student housing and any other related facilities operated by the College Auxiliary Enterprise Fund are hereby designated a “project” under the State University Revenue Bond Act of 1947 and subject to the provisions of that act. All assets, liabilities, and fund balances of the College Auxiliary Enterprise Fund are hereby transferred from that fund to a separate account to be established by the trustees within the California State University Dormitory Revenue Fund. (Amended by Stats. 1985, Ch. 106, Sec. 25.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90010. Source version: id_00310e27-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. This article may be cited as “The State University Revenue Bond Act of 1947.” (Amended by Stats. 1985, Ch. 106, Sec. 27.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90011. Source version: id_13544d3e-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. (a) The following terms wherever used or referred to in this article, or in any indenture entered into pursuant to this article, shall have the following meanings, respectively, unless a different meaning appears from the context: (1) “Board” means the Trustees of the California State University. (2) “Bonds” or “revenue bonds” means the written evidence of any obligation, other than revenue bond anticipation notes, issued by the board, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this article, in order to obtain funds with which to carry out the purposes of this article, irrespective of the form of the obligations. (3) The “holder of bonds” or “bondholder” or any similar term means any person who shall be the bearer of any outstanding revenue bond or bond registered to bearer or not registered or the registered owner of any outstanding revenue bond or bond that shall at the time be registered other than to the bearer. (4) “Indenture” means an agreement entered into by the board pursuant to which revenue bonds are issued, regardless of whether the agreement is expressed in the form of a resolution of the board or by other instrument. (5) “Notes” and “revenue bond anticipation notes” mean the written evidence of any obligation, including commercial paper notes, issued by the board, pursuant to Section 90013, in anticipation of the sale of revenue bonds, for the purpose of obtaining funds to carry out the purposes of this article. (6) “Person” includes any individual, firm, corporation, association, copartnership, trust, business trust, receiver, trustee, or conservator for any thereof, but does not include this state or any public corporation, political subdivision, city, county, district, or any agency thereof or of this state. (7) “Project” means any one or more dormitories or other housing facilities, boarding facilities, student union or activity facilities, vehicle parking facilities, alternative transportation programs, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated or authorized to be acquired, constructed, furnished, equipped, and operated by the board for use by students, faculty members, or other employees of any one or more campuses of the California State University, or a combination of those facilities, which may include facilities already completed and facilities authorized for future completion, or any other facilities designated by the board as a project in providing for the issuance of revenue bonds or notes. (8) “Revenues” mean and include any and all fees, rates, rentals, and other charges received or receivable in connection with, and any and all other incomes and receipts of whatever kind and character derived by, the board from the operation of, or arising from, a project, including any revenue that may have been, or may be, impounded or deposited in any fund in the State Treasury created by this article or in any other fund or account pursuant to law for the security of any notes or bonds issued hereunder, or for the purpose of providing for the payment thereof, or the interest thereon. (9) “State university” and “campus of the California State University” means any of the institutions included within the California State University, as listed in Section 89001. (b) As used in this article: (1) The present tense includes the past and future tenses, and the future tense includes the present tense. (2) The masculine gender includes the feminine and neuter. (3) The singular number includes the plural, and the plural includes the singular. (4) “Shall” is mandatory, and “may” is permissive. (Amended by Stats. 2007, Ch. 352, Sec. 1. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90012. Source version: id_1454f460-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board, for the purposes of this article, has power and is hereby authorized, in addition to and amplification of all other powers conferred upon the board by the Constitution of the State of California or by any statute of the State of California: (a) To acquire, subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), by grant, purchase, gift, devise, or lease, and to hold and use, any real or personal property necessary, convenient, or useful for the carrying on of any of its powers pursuant to this article. (b) To construct, operate, and control any project. (c) To fix rates, rents, or other charges for the use of any project acquired, constructed, equipped, furnished, operated or maintained by the board, or for services rendered in connection therewith, and to alter, change, or modify the same at its pleasure, subject to any contractual obligation that may be entered into by the board with respect to the fixing of rates, rents, or charges. (d) To enter into covenants to increase rates or charges from time to time as may be necessary pursuant to any contract or agreement with the holders of any bonds of the board. (e) At any time and from time to time, to issue revenue bonds in order to raise funds for the purpose of establishing any project or of acquiring lands for any project, or of acquiring, constructing, improving, equipping, furnishing, financing, or refinancing any project, including payment of principal and interest on revenue bond anticipation notes, or for any combination of these purposes, which bonds may be secured as provided in this article. (f) At any time, and from time to time, in connection with the financing or refinancing of any project, to loan or advance proceeds of revenue bonds or revenue bond anticipation notes to any person or state or local governmental entity, and to enter into loan agreements, leases, installation purchase agreements, conditional sales contracts, and similar financing instruments with the recipient of that loan or advance, all upon terms and conditions determined by the board. (g) At any time and from time to time, to issue revenue bond anticipation notes pursuant to Section 90013. (h) To adopt rules and regulations as may be necessary to enable the board to exercise the powers and to perform the duties conferred or imposed upon the board by this article. (i) Nothing contained in this section or elsewhere in this article shall be construed directly or by implication to be in derogation of or in limitation of powers conferred upon or existing in the board by the Constitution or statutes of this state. (Amended by Stats. 2007, Ch. 352, Sec. 2. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90013. Source version: id_14a648b2-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. (a) The board may issue revenue bond anticipation notes, in anticipation of the sale of revenue bonds. Before issuing any of these notes, the board shall, by resolution, authorize their issuance, declare the purpose for which the proceeds of the notes shall be expended, and specify the maximum amount of notes to be issued for that purpose. (b) Revenue bond anticipation notes shall bear interest at the fixed or variable rate or rates determined by the board, not exceeding 12 percent per annum, payable in the time, form, and manner set forth in the indenture for the notes, and shall mature on the date or dates determined by the board and set forth in the resolution or indenture authorizing their issuance. (c) The proceeds from the sale of notes shall be used only for the purposes for which the proceeds of the sale of bonds may be used in anticipation whereof the notes are issued. (d) All notes issued, including renewal notes, and the interest thereon shall be payable from the proceeds of the sale of the bonds, the revenues of the project, any appropriations made for that purpose or all of these sources, and not otherwise, except that if the sale of the bonds has not occurred prior to the maturity of the notes issued in anticipation thereof, the board may issue renewal notes to pay the notes then maturing. No renewal notes shall be issued after the sale of the bonds in anticipation of which the original note was issued. (e) Revenue bond anticipation notes may be secured by a pledge of, and lien upon, the proceeds of the sale of bonds, the revenues of the project, and any other legally available funds. (f) A resolution or indenture authorizing the issuance of revenue bond anticipation notes may include provisions deemed necessary or advisable by the board for the security of the notes issued thereunder, and may include any and all provisions authorized to be included in indentures by this article. (Amended by Stats. 2007, Ch. 352, Sec. 3. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90014. Source version: id_14f57a24-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Notes authorized to be issued under this article shall be sold by the Treasurer, for cash, in the manner that the Treasurer shall be directed by a resolution requesting the sale adopted by the board. Notes in the form of commercial paper notes shall be sold in the manner specified in the indenture for the notes. (Amended by Stats. 2007, Ch. 352, Sec. 4. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90015. Source version: id_003294d1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The validity of the authorization and issuance of any revenue bonds or revenue bond anticipation notes by the board is not dependent on nor affected in any way by: (a) Proceedings taken by the board for the acquisition, construction or completion of any project or any part thereof. (b) Any contracts made by the board in connection with the acquisition, construction or completion of any project. (c) The failure to complete any project for which bonds or notes are authorized to be issued. (Amended by Stats. 1988, Ch. 740, Sec. 6.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90016. Source version: id_1546ce76-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board shall issue revenue bonds and revenue bond anticipation notes in its name and as its obligation, but no bond or note issued or sold pursuant to this article shall be or become a lien, charge, or liability against the State of California or against the board or against the property or funds of either, except, in the case of revenue bonds, to the extent of the pledge of revenues or part of revenues of the project, as may be provided by the indenture pursuant to which revenue bonds are issued, and, in the case of notes, to the extent of the pledge of revenues of the project and proceeds of the sale of bonds, as may be provided in the resolution or indenture authorizing the issuance of the notes. Each of these bonds and notes issued by the board shall contain a recital on the face thereof, stating that neither the payment of the principal nor any part thereof, nor any interest thereon, constitutes a debt, liability, or obligation of the State of California. (Amended by Stats. 2007, Ch. 352, Sec. 5. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90017. Source version: id_00341b75-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board shall determine the time, form, and manner of the issuance of revenue bonds and revenue bond anticipation notes. (Amended by Stats. 1988, Ch. 740, Sec. 8.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90018. Source version: id_00341b77-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates, denominations, form, registration, transfer and interchange of any revenue bonds and coupons issued pursuant to this article, and the terms and conditions on which the same shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. Reference on the face of the bonds to the indenture by its date of adoption, or the apparent date on the face thereof, is sufficient to incorporate all of the provisions thereof and of this article into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to or detached from the bonds, has recourse to all of the provisions of the indenture and of this article, and is bound thereby. (Amended by Stats. 1988, Ch. 740, Sec. 9.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90019. Source version: id_00341b79-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture pursuant to which bonds are issued may include any and all of the covenants and agreements on the part of the board as the board deems necessary or advisable for the better security of the bonds issued thereunder. (Amended by Stats. 1988, Ch. 740, Sec. 10.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90020. Source version: id_00341b7b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may provide that payments of principal and interest of bonds shall be secured by all or by part of revenues. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90021. Source version: id_00341b7d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause relating to the bonds issued thereunder requiring the board to pay or cause to be paid punctually the principal of all such bonds and the interest thereon on the date or dates, or at the place or places, and in the manner mentioned in such bonds and in the coupons appertaining thereto in accordance with such indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90022. Source version: id_00341b7f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause relating to the bonds issued thereunder, requiring the board to operate the project continuously, to the extent practicable under conditions as they may from time to time exist, in an efficient and economical manner. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90023. Source version: id_0035a221-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause relating to the bonds issued thereunder requiring the board to make all necessary repairs, renewals and replacements to any project, and to keep the project at all times in good repair, working order and condition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90024. Source version: id_0035a223-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause relating to the bonds issued thereunder requiring the board to preserve and protect the security of the bonds and the rights of the holders thereof and to warrant and defend such rights. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90025. Source version: id_0035a225-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause relating to the bonds issued thereunder requiring the board to pay and discharge or cause to be paid and discharged all lawful claims for labor, materials and supplies or other charges which, if unpaid, might become a lien or charge upon the revenues, or any part thereof, of any project acquired, constructed or completed from the proceeds of the sale of the bonds, or upon any physical properties, or which might impair the security of the bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90026. Source version: id_0035a227-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause relating to the bonds issued thereunder which limits, restricts, or prohibits any right, power or privilege of the board to mortgage or otherwise encumber, sell, lease or dispose of any improvements constructed from the proceeds of the bonds, or to enter into any lease or agreement which impairs or impedes the operation of a project, or any part thereof, necessary to secure adequate revenues or which otherwise impairs or impedes the rights of the holders of the bonds with respect to such revenues. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90027. Source version: id_15969c28-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause relating to the bonds issued thereunder requiring the board to fix, prescribe, and collect rates, rentals, or other charges in connection with the services and facilities furnished from the project acquired, constructed, or purchased from part or all of the proceeds of the bonds, or from the revenues securing the bonds, sufficient to pay the principal of and interest on the bonds as they become due and payable, together with additional sums that may be required for any fund created by this article, for the further security of the bonds or as a depreciation charge or other charge in connection with the project. (Amended by Stats. 2007, Ch. 352, Sec. 6. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90028. Source version: id_0035a22b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause relating to the bonds issued thereunder requiring the board to hold or cause to be held in trust the revenues or any part of revenues pledged to the payment of such bonds and the interest thereon, or to any reserve or other fund created by this article for the further protection of the bonds, and to apply such revenues or any part of revenues or cause them to be applied only as provided in the indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90029. Source version: id_003728cd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause defining the power of the board in applying the proceeds of the sale of any issue of bonds for the acquiring, constructing, or completing of any project or any part thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90030. Source version: id_003728cf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause limiting the power of the board to issue additional bonds for the purpose of acquiring, constructing or completing any project or any part thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90031. Source version: id_003728d1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause requiring, specifying or limiting the kind, amount and character of insurance to be maintained by the board on any project, or any part thereof, and the use and disposition of the proceeds of any such insurance thereafter collected. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90032. Source version: id_003728d3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause providing the events of default and the terms and conditions upon which any or all of the bonds of the board then or thereafter issued may become or be declared due and payable prior to maturity, and the terms and conditions upon which such declaration and its consequences may be waived. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90033. Source version: id_003728d5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause designating the rights, limitations, powers and duties arising upon breach by the board of any of the covenants, conditions, or obligations contained in any indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90034. Source version: id_0038af77-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause prescribing a procedure by which the terms and conditions of the indenture may be subsequently amended or modified with the consent of the board and the vote or written assent of the holders of a specified principal amount or specified proportion of the bonds issued and outstanding. The clause may provide for meetings of bondholders and for the manner in which the consent of the bondholders may be given. The clause shall specifically state the effect of the amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining thereto, whether attached thereto or detached therefrom. With respect to any clause providing for the modification or amendment of an indenture, the board may agree that bonds held by the Treasurer, the United States or any instrumentality thereof, or the State of California or any political subdivision thereof (including every municipal corporation, district, public corporation, board or agency of any kind or class) shall not be counted as outstanding bonds, or be entitled to vote or assent, but shall, nevertheless, be subject to any modification or amendment of this type. (Amended by Stats. 1988, Ch. 740, Sec. 11.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90035. Source version: id_0038af79-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An indenture may include a clause or clauses providing for such other acts and matters as may be necessary or convenient or desirable in order better to secure the bonds or to make the bonds more marketable. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90036. Source version: id_0038af7b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The State Treasurer shall act as trustee for the board and the holders of bonds issued hereunder, and the board may authorize the trustee to act on behalf of the holders of the bonds, or any stated percentage thereof, and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders. The board may provide in the indenture for the deposit of all revenues received from the project with the trustee to be held in a separate account in the California State University Dormitory Revenue Fund created by this article. The money in the fund shall be disbursed only as provided in the indenture. (Amended by Stats. 1985, Ch. 106, Sec. 28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90037. Source version: id_0038af7d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board shall prescribe the duties and powers of the trustee with respect to the issuance, authentication, sale and delivery of the bonds and the payment of principal and interest thereof, the redemption of the bonds, the registration and discharge from registration of the bonds, and the management of any sinking fund or other funds provided as security for the bonds. (Amended by Stats. 1988, Ch. 740, Sec. 12.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90038. Source version: id_0038af7f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may provide for one or several issues of bonds and may issue bonds in series or may divide any issue into one or more divisions and fix different maturities or dates of those bonds, different rates of interest, or prescribe different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security, or be of the same interest rate, but the terms thereof shall in each case be provided for by the board, at or prior to the issue thereof. (Amended by Stats. 1988, Ch. 740, Sec. 13.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90039. Source version: id_0038af81-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Bonds may be issued as coupon bonds or as registered bonds. The board may provide for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that the bonds shall be registered as to principal only, or as to both principal and interest, or otherwise as the board may determine. (Amended by Stats. 1988, Ch. 740, Sec. 14.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90040. Source version: id_15e57f7a-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Bonds shall bear interest at a fixed or variable rate of not to exceed 12 percent per annum, payable in the time, form, and manner set forth in the indenture for the bonds. (Amended by Stats. 2007, Ch. 352, Sec. 7. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90041. Source version: id_003a3625-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Notwithstanding the provisions of Sections 90013, 90040, and 90048, the rate of interest which bonds or notes may bear and the yield resulting to the purchaser thereof may exceed the maximum rates specified in said sections to the extent of any debt service grant applicable to such interest which the United States of America has agreed, pursuant to any federal statute, to pay with respect to the bonds or notes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90042. Source version: id_003a3627-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Bonds may be callable upon any terms, conditions, and upon any notice as the board may determine, and upon the payment of the premium as may be fixed by the board in the proceedings for the issuance of the bonds. No bond is subject to call or redemption prior to its fixed maturity date unless the right to exercise the call is expressly stated on the face of the bond. (Amended by Stats. 1988, Ch. 740, Sec. 15.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90043. Source version: id_003a3629-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may provide for the payment of the principal and interest of bonds at any place within or without the State of California, and in specified coin or currency of the United States. (Amended by Stats. 1988, Ch. 740, Sec. 16.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90044. Source version: id_003a362b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may provide for the execution and authentication of bonds and notes by the manual, lithographed or printed facsimile signature of officers of the board and, in the case of bonds, by additional authentication by the Treasurer as trustee. If any of the officers whose signatures or countersignatures appear upon the notes, bonds or coupons cease to be officers before the delivery of the notes, bonds or coupons, their signatures or countersignatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the notes, bonds or coupons. (Amended by Stats. 1988, Ch. 740, Sec. 17.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90045. Source version: id_003bbccd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Bonds shall bear dates prescribed by the board. Bonds may be serial bonds or sinking fund bonds with those maturities as the board may determine. No bond by its terms shall mature in more than 50 years from its own date and, in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date herein authorized shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue. (Amended by Stats. 1988, Ch. 740, Sec. 18.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90046. Source version: id_003bbccf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Immediately after the adoption of a resolution by the board directing the preparation of any bonds or notes authorized under this article, the Treasurer shall prepare the requisite number of suitable bonds or notes of the denominations, and in accordance with the specifications contained in such resolution. (Amended by Stats. 1988, Ch. 740, Sec. 19.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90047. Source version: id_16365e9c-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. When the bonds authorized to be issued under this article are duly executed, they shall be sold by the Treasurer, for cash, in those parcels and numbers as the Treasurer shall be directed by a resolution adopted by the board. Before offering any of the bonds for sale, the Treasurer shall detach therefrom all coupons, if any, that have matured or will mature before the day fixed for the sale. Bonds in the form of commercial paper notes shall be sold in the manner specified in the indenture for the bonds. (Amended by Stats. 2007, Ch. 352, Sec. 8. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90048. Source version: id_003bbcd3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Bonds and notes may be sold at either public or private sale. The board may fix terms and conditions for the sale or other disposition of any authorized issue of bonds or notes. The Treasurer, when authorized by resolution of the board may sell bonds and notes at less than their par or face value, but no bond or note may be sold at a price below the par or face value thereof which would result in a sale price yielding to the purchaser an average of more than 12 percent per annum, payable semiannually, according to standard tables of bond values. (Amended (as amended by Stats. 1988, Ch. 740, Sec. 21) by Stats. 1989, Ch. 321, Sec. 9.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90049. Source version: id_003bbcd5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may provide for the security of bonds. The board may use and expend all or any part of any funds or proceeds of any property owned by it, whether received by gift, appropriation or otherwise, if not restricted as to the use of such funds or proceeds of property by the terms of any gift or trust or provision of law for the redemption of bonds issued pursuant to the provisions of this article and the payment of interest due thereon. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90050. Source version: id_003bbcd7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. All costs and expenses incident to the issuance and sale of notes may be paid out of the proceeds of the sale of the notes. All costs and expenses incident to the issuance and sales of bonds and all costs and expenses incident to the redemption of revenue bond anticipation notes retired with proceeds from the sale of the bonds may be paid out of the proceeds of the sale of the bonds. Interest on bonds may be paid out of the proceeds of the sale of the bonds during the actual construction of any project for the acquisition, construction or completion of which the bonds have been issued, and for a period of not to exceed two (2) years thereafter as provided for in the indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90051. Source version: id_003bbcd9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may provide that notes or bonds and the interest thereon shall be secured by all or by part of revenues of a project upon the basis of which the notes or bonds are issued or authorized to be issued, and shall constitute a lien upon the revenues of the project as may be provided for in the notes or in any indenture. (Amended by Stats. 1988, Ch. 740, Sec. 23.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90052. Source version: id_003d437b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Pending the actual issuance or delivery of revenue bonds, the board may issue temporary or interim bonds, certificates or receipts of any denomination whatsoever, and with or without coupons, to be exchanged for definitive bonds when ready for delivery. (Amended by Stats. 1988, Ch. 740, Sec. 24.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90053. Source version: id_003d437d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may provide for the replacement of lost, destroyed or mutilated notes, bonds, and coupons. (Amended by Stats. 1988, Ch. 740, Sec. 25.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90054. Source version: id_003d437f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Bonds and notes issued pursuant to the provisions of this article and the interest or income therefrom are exempt from all taxation in this state other than gift, inheritance and estate taxes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90055. Source version: id_003d4381-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Notwithstanding any other provision of law, all notes and bonds hereafter sold and delivered pursuant to the provisions of this article are legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, and the state school funds, and may also be used as security for the deposit of public moneys in banks in this state. Such bonds are also legal investments for any public or private funds which may be invested in county, municipal or school district bonds, and may be deposited as security for the performance of any act whenever the bonds of any county, municipality or school district may be so deposited. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90056. Source version: id_003ec923-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds issued under the provisions of this article. All provisions of this article applicable to the issuance of revenue bonds are applicable to the funding or refunding bonds and to the issuance, sale or exchange thereof. (Amended by Stats. 1988, Ch. 740, Sec. 26.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90057. Source version: id_003ec925-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Funding or refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds to be funded or refunded thereby, and in addition for the payment of all expenses incident to the calling, retiring or paying of such outstanding bonds, and the issuance of such funding or refunding bonds. These expenses include the difference in amount between the par value of the funding or refunding bonds and any amount less than par for which the funding or refunding bonds are sold, any amount necessary to be made available for the payment of interest upon such funding or refunding bonds from the date of sale thereof to the date of payment of the bonds to be funded or refunded or to the date upon which the bonds to be funded or refunded will be paid pursuant to the call thereof or agreement with the holders thereof, and the premium, if any, necessary to be paid in order to call or retire the outstanding bonds and the interest accruing thereon to the date of the call or retirement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90058. Source version: id_003ec927-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. All bonds and notes issued under the provisions of this article are negotiable instruments, except when registered in the name of a registered owner. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90059. Source version: id_003ec929-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Before issuing any bond or bonds pursuant to the provisions of this article, the board shall by resolution declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for this purpose, and bonds shall not be issued or sold for this purpose in an amount exceeding that specified maximum except with the consent of bondholders, pursuant to amendment or modification of an indenture, as provided in Section 90034 of this article. Nothing in this section shall be construed to prevent the board from amending any resolution of this type prior to the issuance of bonds authorized thereby to increase or decrease the maximum amount of bonds to be issued or sold. The issuance of bonds for one or more projects may be included in a single resolution of authorization. (Amended by Stats. 1988, Ch. 740, Sec. 27.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90060. Source version: id_003ec92b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board has full charge of the acquisition, construction and completion of all projects authorized by them and may proceed with such work forthwith. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90061. Source version: id_003ec92d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may construct any project and acquire all property necessary therefor on such terms and conditions as it may deem advisable. When any part of the work is to be done or performed by any public body or by the United States jointly or in conjunction with the board, the portion of the cost thereof to be borne by the board may be turned over to the government of the United States or to any other public body to be expended by it in the acquisition, construction or completion of the project. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90062. Source version: id_00404fcf-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Title to all property acquired by the board and the revenues and income therefrom is in the State of California. The title to any moneys, revenues, sinking funds, reserve funds and other funds created by this article and the income thereof pledged to the payment of the principal or interest or any bonds issued thereunder is subject to trusts declared in favor of the bondholders. All such property, and the income therefrom, are exempt from all taxation by the State of California or by any county, city and county, city, district, political subdivision or public corporation thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90063. Source version: id_00404fd1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. At all times the operation, maintenance, control, repair, construction, reconstruction, alteration and improvement of any project are vested in the board subject to such authorized leases as may be permitted by any indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90064. Source version: id_00404fd3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may use for the payment of the costs of acquisition, construction or completion of any project any funds made available to the board by the State of California or any other funds provided by the board from any source, to be expended for the accomplishing of the purposes set forth in this article, together with the proceeds of revenue bonds and revenue bond anticipation notes issued and sold by the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90065. Source version: id_00404fd5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may insure against loss of revenues from any cause whatsoever and the proceeds of any insurance shall be used for the payment of bonds or notes and the interest thereon, or for other purposes as may be provided in an indenture. (Amended by Stats. 1983, Ch. 315, Sec. 2. Effective July 19, 1983.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90066. Source version: id_00404fd7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may insure against public liability or property damage. The board may provide in an indenture for the carrying of this or any other insurance in the amount and of the character as it shall determine, and for the payment of the premiums thereon. (Amended by Stats. 1988, Ch. 740, Sec. 28.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90067. Source version: id_00404fd9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. When authorized by resolution of the board, as provided in this article, the State Treasurer shall prepare and procure the printing or engrossing of notes, bonds, coupons, indentures or other instruments and contracts or agreements of every kind required or convenient for or pertaining to the issuance or sale of notes or bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90068. Source version: id_0041d67b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board shall fix rents, charges and fees for all projects acquired, constructed or completed under the terms of this article for the use thereof by any persons utilizing the facilities thereof, subject to such contractual obligations as may be entered into by the board and the holders of notes and bonds issued under this article. The board is authorized to change rents, charges and fees from time to time, as conditions warrant. To the extent and in the manner provided in the indenture, all rents, charges and fees shall at all times be fixed to yield annual revenue equal to annual operating and maintenance expenses, including repairs and insurance costs and all redemption payments and interest charges and reserve fund requirements on revenue bonds at any time issued and outstanding hereunder, as the same become due. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90069. Source version: id_0041d67d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Rent, charges, and fees collected in error may be refunded by the board in accordance with regulations prescribed by the board. Refunds of rent, charges, and fees collected for facilities requested by students and not utilized by them may be made for good cause by the board in such amounts and under such conditions as may be prescribed by regulations adopted by the board. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90070. Source version: id_0041d67f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may include in an indenture those limitations as to competitive projects, both as to location and comparative rentals, as may be deemed necessary or desirable for the security of revenue bonds issued pursuant to this article. (Amended by Stats. 1988, Ch. 740, Sec. 29.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90071. Source version: id_0041d681-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may also include in an indenture a covenant that no project acquired, constructed or completed from the proceeds of revenue bonds issued under the provisions of this article shall be used without charge therefor or any facilities thereof be furnished free of charge to any person. (Amended by Stats. 1988, Ch. 740, Sec. 30.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90072. Source version: id_0041d683-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The holder of any bond or note issued pursuant to this article may by mandamus or other appropriate proceeding require and compel the performance of any of the duties imposed upon the board or upon any official or employee or assumed by any thereof, in connection with the acquisition, construction, operation, maintenance, repair, reconstruction or insurance of any project, or the collection, deposit, investment, application and disbursement of rents, rates, charges, fees and all other revenues derived from the operation and use of any project or in connection with the deposit, investment and disbursement of the proceeds received from the sale of bonds and notes under this article. The enumeration of such rights and remedies does not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds and notes issued pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90073. Source version: id_168a991e-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The proceeds from the sale of all bonds and notes authorized under this article, except those proceeds used to redeem outstanding bonds or notes, shall be deposited forthwith by the Treasurer, on order of the Controller, in the State Treasury to the credit of a fund to be designated as the California State University Dormitory Construction Fund, which is hereby created. The money in the California State University Dormitory Construction Fund shall be expended, pursuant to claims filed by the board with the Controller, for the purposes authorized by this article, or as provided in the indenture or notes, and for any other purposes, subject to the restrictions provided by law, by the notes, or by the indenture, as may be authorized by resolution of the board. In carrying out these purposes, the money may be used to make loans to builders and developers for the establishment, acquisition, or construction of projects, to acquire leasehold interests in projects, or otherwise to provide funds for projects in any manner that the board may authorize by resolution. Moneys required to meet the costs of acquisition, construction, improvement, equipment, furnishing, financing, or refinancing of any project authorized by this article, and all costs incident thereto, shall be paid from the California State University Dormitory Construction Fund as provided in this article upon claim filed by the board and after audit by the Controller in the manner provided by law and upon warrants drawn by the Controller. (Amended by Stats. 2007, Ch. 352, Sec. 9. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90074. Source version: id_0044e3c7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. To the extent and in the manner provided in the indenture or in a resolution authorizing the issuance of notes, all revenues received from the operation of any project acquired or constructed by the board under the provisions of this article shall be transmitted by the board at least once in every calendar month, to the Treasurer. On order of the Controller, the Treasurer shall deposit the revenues in the State Treasury to the credit of the California State University Dormitory Revenue Fund, which fund is hereby created. Moneys in the California State University Dormitory Revenue Fund shall be used to pay the costs of operation and maintenance of the projects authorized by this article, including refunds authorized by Section 90069, to provide the amounts required for interest and redemption of notes and bonds as provided in this article, and for any other purposes authorized by resolution of the board, subject to any restrictions provided by law, a resolution authorizing the issuance of notes, or the indenture. (Amended by Stats. 1988, Ch. 740, Sec. 32.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90075. Source version: id_0044e3c9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. For the payment of the principal and interest of the notes and bonds authorized to be issued under this article, an interest and redemption fund in the State Treasury is hereby created, to be designated the California State University Dormitory Interest and Redemption Fund. From the money deposited in the California State University Dormitory Construction Fund, the Treasurer, on order of the Controller, shall transfer to the California State University Dormitory Interest and Redemption Fund the sums required to pay the interest as it becomes due on all notes and bonds sold and outstanding for the construction or acquisition of a particular project authorized under this article during the period of actual construction or acquisition thereof and during the period thereafter as may be provided in the indenture or authorized by resolution of the board. The Treasurer, on order of the Controller, shall thereafter transfer from the California State University Dormitory Revenue Fund to the California State University Dormitory Interest and Redemption Fund the sums required to pay the interest on the notes and bonds and redeem the principal thereof as the interest payments and note and bond redemptions fall due for all notes and bonds issued under the provisions of this article. (Amended by Stats. 1988, Ch. 740, Sec. 33.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90076. Source version: id_0044e3cb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Any balance remaining in any of the funds created by this article after payment of all costs, expenses, and charges authorized to be expended therefrom, may be allocated and used for other purposes incidental to the acquisition, construction, furnishing, equipping, operation and maintenance of such projects authorized under the provisions of this article as the board may determine. (Amended by Stats. 1988, Ch. 740, Sec. 34.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90077. Source version: id_0044e3cd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Moneys in the California State University Dormitory Construction Fund may be invested by the board subject only to limitations which may be provided in any resolution authorizing the issuance of revenue bond anticipation notes or in any indenture providing for the issuance of revenue bonds. All securities or other investments made under the provisions of this article shall be held by the Treasurer as custodian thereof. All interest or other earnings received pursuant to the investments shall be collected by the Treasurer, and, on order of the Controller, shall be deposited in the State Treasury to the credit of the fund from which interest or other earnings are derived. (Amended by Stats. 1988, Ch. 740, Sec. 35.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90078. Source version: id_00466a6f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. After all of the notes and revenue bonds shall have been fully paid and discharged, or provision for their payment and discharge irrevocably made, any surplus moneys in the California State University Dormitory Construction Fund shall, subject to the limitations and restrictions in any resolution authorizing the issuance of the notes or in any indenture providing for the issuance of the revenue bonds, remain available for the acquisition of sites for, and for the construction, equipping and furnishing of, buildings for the California State University. (Amended by Stats. 1983, Ch. 143, Sec. 164.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90079. Source version: id_00466a71-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. All money in the funds created by the provisions of this article is hereby appropriated for expenditure in carrying out the purposes herein provided. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90080. Source version: id_00466a73-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The article shall be liberally construed to carry out the objects and purposes and the declared policy of the State of California as in this article set forth. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90081. Source version: id_00466a75-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. An action may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of bonds issued, or any financing contract entered into, by the board for the purposes of this article. (Added by Stats. 1992, Ch. 880, Sec. 1. Effective January 1, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90082. Source version: id_580021ad-027b-11de-8c19-8d947f09663e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. Notwithstanding any other law, the Controller may use the moneys in the State College Dormitory Building Maintenance and Equipment Reserve Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the State College Dormitory Building Maintenance and Equipment Reserve Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This section does not authorize any transfer that will interfere with the carrying out of the object for which the State College Dormitory Building Maintenance and Equipment Reserve Fund was created. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 3. Effective February 20, 2009.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 2. The State University Revenue Bond Act of 1947 [90010 - 90083] SECTION 90083. Source version: id_57f20176-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=2. The board may pledge revenues received in accordance with Section 89770 to secure bonds issued in accordance with this article for capital expenditures, as defined in Section 89770, or for projects, as defined in Section 90011, and may pay all costs and expenses incident to the issuance and sale of the bonds, including, but not limited to, capitalized interested on bonds, from the proceeds of the sale of the bonds. (Added by Stats. 2014, Ch. 34, Sec. 25. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 3. Affordable Student Housing [90085 - 90089] SECTION 90085. Source version: id_0047f119-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=3. It is the intent of the Legislature in enacting this article to provide for affordable student housing on the campuses of the California State University. Further, it is the intent of the Legislature that priority for construction of affordable student housing shall be given to campuses where there is no on campus student housing and a large proportion of the student population have low-income disadvantaged backgrounds. (Added by Stats. 1983, Ch. 1125, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 3. Affordable Student Housing [90085 - 90089] SECTION 90086. Source version: id_0047f11b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=3. The following terms wherever used or referred to in this article shall have the following meanings: (a) “Trustees” means the Trustees of the California State University. (b) “Campus” means any of the institutions included within the California State University, as specified in Section 89001. (c) “Chancellor” means the Chancellor of the California State University. (d) “Project” means any one or more low-cost dormitories or other housing facilities, both onsite and offsite, to be constructed, furnished, equipped, and operated by the trustees pursuant to this article for use by students of any one or more of the campuses. (e) “User fees” means any rents, deposits, or fees paid to the local administration of any campus for the use of any project. (Added by Stats. 1983, Ch. 1125, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 3. Affordable Student Housing [90085 - 90089] SECTION 90087. Source version: id_0047f11d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=3. (a) There is in the State Treasury the Affordable Student Housing Revolving Fund. Notwithstanding Section 13340 of the Government Code, the money in the fund is hereby continuously appropriated for the purposes of this article. (b) Moneys in the fund shall be available for use by the trustees, as they deem necessary, in combination with the proceeds of bonds issued pursuant to the State University Revenue Bond Act of 1947 (Article 2 (commencing with Section 90010)) to ensure that the housing projects constructed will be affordable to students. Moneys in the fund shall be used in connection with newly constructed student housing projects in accordance with the priorities adopted by the trustees pursuant to Section 90089. (c) Any funds received from the Affordable Student Housing Revolving Fund for use as authorized in this article shall be repaid from user fees over a 40-year period, with interest at a rate not to exceed two-thirds of the most current investment rate of the Pooled Money Investment Account as of the date of disbursement of funds from the Affordable Student Housing Revolving Fund. (Amended by Stats. 1985, Ch. 106, Sec. 29.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 3. Affordable Student Housing [90085 - 90089] SECTION 90088. Source version: id_0047f11f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=3. (a) The chancellor and each local administration of a campus shall administer the provisions of this article in accordance with the rules and regulations adopted by the trustees pursuant to subdivision (b). (b) The trustees shall adopt rules and regulations to establish general guidelines for the administration of this article. (c) The trustees shall adopt regulations defining the term “affordable student housing” as used in this article. (Added by Stats. 1983, Ch. 1125, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 8. Housing and Auxiliary Services [90000 - 90089] ARTICLE 3. Affordable Student Housing [90085 - 90089] SECTION 90089. Source version: id_0047f121-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=8.&article=3. The trustees shall develop a five-year priority list of the housing needs at each of the campuses, taking into account the impact of the students attending that campus on the local pool of affordable housing available for senior citizens and other limited-income people with critical housing needs. (Added by Stats. 1983, Ch. 1125, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 1. General Provisions [90100- 90100.] SECTION 90100. Source version: id_004afe67-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=1. The California Maritime Academy, a specialized institution, is part of the California State University. The primary mission of the academy is to provide instruction in the maritime sciences, engineering, and related fields, including all those necessary to provide the highest quality licensed officers for the United States Merchant Marine and California maritime industries. The trustees may require students to qualify for United States Merchant Marine licenses as a condition of earning a degree. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 10. Operative Date [90191- 90191.] SECTION 90191. Source version: id_00529fb9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=10. This chapter shall become operative on July 1, 1995. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 2. Administration [90120 - 90123] SECTION 90120. Source version: id_004afe6b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=2. The trustees shall administer and govern the academy. The trustees shall establish a Board of Visitors to the California Maritime Academy whose members shall be reimbursed for their reasonable expenses incurred in connection with their official duties concerning the academy. The board of visitors shall consist of no less than five representatives from maritime or maritime-related industries who shall advise the president on matters related to the mission of the academy. The trustees shall invite a representative of the Federal Maritime Administration to serve as a nonvoting participant at the meetings of the board of visitors. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 2. Administration [90120 - 90123] SECTION 90121. Source version: id_004afe6d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=2. The president of the academy is also the commander of the academy and has, subject to the regulations of the trustees, the direct control, supervision, and management of the academy, and any other powers and duties as provided by regulations of the trustees. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 2. Administration [90120 - 90123] SECTION 90122. Source version: id_004afe6f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=2. Notwithstanding any other provision of law, the trustees shall administer the academy to comply with any federal statute and regulations governing maritime operations and maritime academies. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 2. Administration [90120 - 90123] SECTION 90123. Source version: id_004c8511-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=2. The trustees shall determine what provisions of law are contrary to the mission and operation of the academy and shall propose any legislation considered necessary and desirable for the mission and operation of the academy. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 3. Admission [90130- 90130.] SECTION 90130. Source version: id_004c8515-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=3. Notwithstanding any other provision of law, the trustees shall determine eligibility for admission and continued enrollment at the academy. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 4. Tuition, Fees, and Financial Aid [90140 - 90142] SECTION 90140. Source version: id_004c8519-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=4. The trustees shall establish appropriate miscellaneous fees for the academy. These fees shall be for purposes unique to the academy, such as the annual training cruise and uniforms. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 4. Tuition, Fees, and Financial Aid [90140 - 90142] SECTION 90141. Source version: id_004c851b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=4. The Legislature hereby finds that the academy provides full-time programs that limit opportunity for student employment. For that reason, it is difficult for students attending the academy to contribute to the cost of their education through employment while attending. This limits the opportunity for students who have little or no financial ability to contribute to the payment of their cost of education. For these reasons, the trustees shall develop and adopt a policy that provides opportunities for financial assistance for students to attend the academy and that provides for the active recruitment of students from economically disadvantaged backgrounds and underrepresented groups. In order to implement this policy, the trustees may make full use of any and all state and federal funds available and may receive private contributions, including those from the maritime industry, for this purpose. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 4. Tuition, Fees, and Financial Aid [90140 - 90142] SECTION 90142. Source version: id_004e0bbd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=4. The trustees may provide for the payment of tuition and fees charged students by installments payable at intervals determined by the trustees. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 5. Facilities [90150- 90150.] SECTION 90150. Source version: id_004e0bc1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=5. The Legislature recognizes that the academy has unique facilities, such as a large ship docking facility, training ship, several smaller vessels, and equipment, which provide potential resources to the California State University. The trustees are encouraged to develop programs designed to increase the sharing and lending of facilities among the academy and the other campuses of the California State University and to allow the exchange of students and instructors when that action is not inconsistent with the mission of the academy and the other campuses. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 6. Trust Account Deposits [90160- 90160.] SECTION 90160. Source version: id_004e0bc5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=6. (a) Notwithstanding any other provision of law, the chief fiscal officer of the academy shall deposit into and maintain in local trust accounts, or in other California State University trust accounts or in the California Maritime Academy Trust Fund, which is hereby continued in existence in the State Treasury, funds received in connection with the following sources or purposes: (1) Advance payment for anticipated expenditures or encumbrances in connection with federal grants or contracts. (2) Miscellaneous receipts in the nature of deposits and subject to return upon approval of a proper application. (3) Fees and charges for services, materials, and facilities required of persons who, at their option, use the services or facilities, or who are provided the materials, for which the fees or charges are made. Fees and charges so received and deposited shall be used to meet the costs of providing those services, facilities, and materials. (4) Fees for student activities, as defined by the trustees, and revenues derived from the conduct of student activities. The trustees may administer and use the fees and revenues to support the student activities. (b) Notwithstanding Section 13340 of the Government Code, funds deposited and maintained under this section are continuously appropriated, without regard to fiscal years, to the trustees for the support of the academy as may be determined by the trustees consistent with the terms and conditions of any agreement under which the funds were received. The funds so deposited and maintained may be invested by the chief fiscal officer of the academy, or by the State Treasurer, as appropriate, upon approval of the trustees, consistent with this section and the terms and conditions of any agreement under which the funds were received. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 7. Training Cruise Expenses [90170- 90170.] SECTION 90170. Source version: id_004f9269-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=7. The trustees may, out of any appropriation made for the support of the California State University, without at the time furnishing vouchers and itemized statements, withdraw a sum or sums necessary to be used by the academy to provide for the payment of expenses of any training cruise, which shall be paid to the master of the training vessel. The sum or sums so drawn for any training cruise shall, not later than 30 days following the termination of the training cruise be accounted for and substantiated by vouchers and itemized statements. Any unexpended balance of the sum or sums so withdrawn shall be returned to the appropriation from which originally withdrawn. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 8. Federal Funds and Resources [90180 - 90182] SECTION 90180. Source version: id_0051190d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=8. The trustees shall take all necessary steps to acquire the maximum amount of federal funds from all available sources for the academy. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 8. Federal Funds and Resources [90180 - 90182] SECTION 90181. Source version: id_0051190f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=8. The Governor may apply in writing to the federal government to furnish a suitable vessel with all apparel, charts, books, and instruments of navigation and land with all buildings and equipment thereon to be used for the benefit of the academy. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 8. Federal Funds and Resources [90180 - 90182] SECTION 90182. Source version: id_00511911-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=8. The trustees may receive from the federal government or from other sources, and use for the purposes of the academy, a vessel or vessels detailed or furnished by the federal government or from other sources with all apparel, charts, books, and instruments of navigation, and land with all buildings and equipment thereon. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 8. CALIFORNIA STATE UNIVERSITY [89000 - 90520] PART 55. CALIFORNIA STATE UNIVERSITY [89000 - 90520] CHAPTER 9. California Maritime Academy [90100 - 90191] ARTICLE 9. Employees [90190- 90190.] SECTION 90190. Source version: id_00511915-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=8.&part=55.&chapter=9.&article=9. Employees of the academy shall retain and carry over to their status as employees of the trustees any seniority credit, permanent status, and accumulated leave as earned and available immediately prior to the employee’s transfer to employment with the trustees. (Added by Stats. 1993, Ch. 1298, Sec. 4. Effective January 1, 1994. Operative July 1, 1995, by Sec. 1.5 of Ch. 1298.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 1. Name of the University [92000 - 92001] SECTION 92000. Source version: id_005ed4ef-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=1. (a) The name “University of California” is the property of the state. No person shall, without the permission of the Regents of the University of California, use this name, or any abbreviation of it or any name of which these words are a part, in any of the following ways: (1) To designate any business, social, political, religious, or other organization, including, but not limited to, any corporation, firm, partnership, association, group, activity, or enterprise. (2) To imply, indicate or otherwise suggest that any such organization, or any product or service of such organization is connected or affiliated with, or is endorsed, favored, or supported by, or is opposed by the University of California. (3) To display, advertise, or announce this name publicly at, or in connection with, any meeting, assembly, or demonstration, or any propaganda, advertising, or promotional activity of any kind which has for its purpose or any part of its purpose the support, endorsement, advancement, opposition, or defeat of any strike, lockout, or boycott or of any political, religious, sociological, or economic movement, activity, or program. (b) Nothing in this section shall interfere with or restrict the right of any person to make a true and accurate statement of his or her present or former relationship or connection with, his or her employment by, or his or her enrollment in, the University of California in the course of stating his or her experience or qualifications for any academic, governmental, business, or professional credit or enrollment, or in connection with any academic, governmental, professional, or other employment whatsoever. (c) Every person violating the provisions of this section is guilty of a misdemeanor. (Amended by Stats. 1982, Ch. 847, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 1. Name of the University [92000 - 92001] SECTION 92001. Source version: id_005ed4f1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=1. Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a hearing conducted by the University of California. (Added by Stats. 1995, Ch. 938, Sec. 6. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 2. Information Requests [92005- 92005.] SECTION 92005. Source version: id_a319ee0c-e40e-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=2. (a) In order to ensure that accurate and unfiltered information is provided to the Legislature for purposes of making informed funding decisions, whenever a request for information relating to the security of funds of the University of California is made by the California State Auditor’s Office pursuant to this section to one or more campuses of the University of California, those campuses shall not coordinate their responses with, or seek counsel, advice, or similar contact regarding their responses from, the Office of the President of the University of California before submitting the requested information to the California State Auditor’s Office. (b) The California State Auditor’s Office, when requesting information under this section, shall include a statement in the request that it is requesting the information pursuant to this section and that the request for information is not to be shared with the Office of the President of the University of California. (Added by Stats. 2017, Ch. 802, Sec. 1. (AB 1655) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 2.5. Systemwide and Presidential Initiatives [92010- 92010.] SECTION 92010. Source version: id_8bfe6835-a344-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=2.5. (a) By April 1 of each year, the University of California is requested to report to the Legislature on the systemwide programs, systemwide initiatives, and presidential initiatives of the university. The report is requested to include all of the following: (1) A description of each program or initiative and a justification for the program or initiative that explains how it furthers the mission of the university. (2) The total expenditures from the previous fiscal year for each program or initiative, including carryover funds. (3) The revenue sources for each program or initiative. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2019, Ch. 53, Sec. 26. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 3. Meetings of the Regents [92020 - 92033] SECTION 92020. Source version: id_16db7840-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=3. (a) As used in this article, “Regents of the University of California” means any of the following: (1) The Board of Regents of the University of California. (2) The standing and special committees or subcommittees of the Board of Regents. (3) An advisory board, advisory commission, advisory committee, advisory subcommittee, study group, task force, or similar multimember advisory body of the Board of Regents that has continuing subject matter jurisdiction in the area of compensation, if created by formal action of the Board of Regents or of any member of the Board of Regents, and if the advisory body so created consists of one or more regents, other than ex officio members of the Board of Regents. An advisory group the purpose of which is to recruit executives for the university is excluded from this paragraph. (b) As used in this article, “Regents of the University of California” does not include groups of three or fewer regents appointed to advise and assist the university administration in contract negotiations. (Amended by Stats. 2007, Ch. 523, Sec. 4. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 3. Meetings of the Regents [92020 - 92033] SECTION 92030. Source version: id_00605b97-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=3. All meetings of the Regents of the University of California shall, except as otherwise provided in this article, be subject to Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1982, Ch. 1195, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 3. Meetings of the Regents [92020 - 92033] SECTION 92032. Source version: id_172f3d92-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=3. Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code: (a) The Regents of the University of California, as occasioned by necessity, may hold special meetings. The regents shall give public notice for these meetings. This notice shall be given by means of a notice hand delivered or mailed to each newspaper of general circulation and television or radio station that has requested notice in writing, so that the notice may be published or broadcast at least 72 hours before the time of the meeting. The notice shall specify the time, place, and agenda of the special meeting. The regents shall not consider any business not included in the agenda portion of the notice. Failure to comply with this subdivision shall not be excused by the fact that no action was taken at the special meeting. (b) The Regents of the University of California may conduct closed sessions when they meet to consider or discuss any of the following matters: (1) Matters affecting national security. (2) The conferring of honorary degrees or other honors or commemorations. (3) Matters involving gifts, devises, and bequests. (4) Matters involving the purchase or sale of investments for endowment and pension funds. (5) Matters involving litigation, when discussion in open session concerning those matters would adversely affect, or be detrimental to, the public interest. (6) The acquisition or disposition of property, if discussion of these matters in open session could adversely affect the regents’ ability to acquire or dispose of the property on the terms and conditions they deem to be in the best public interest. (7) (A) Matters concerning the appointment, employment, performance, compensation, or dismissal of university officers or employees, excluding individual regents other than the president of the university. (B) (i) Action taken by a committee of the regents, and final action by the full board of regents, on a proposal for the compensation package of the following executive officers shall occur in an open session of each of those bodies, and shall include a disclosure of the compensation package and rationale for the action: (I) The President of the University of California. (II) The chancellor of an individual campus. (III) A vice president. (IV) The treasurer or the assistant treasurer. (V) The general counsel. (VI) The regents’ secretary. (ii) Members of the public shall be afforded the opportunity to address the committee and full board on the proposal during or before consideration of the action item. (C) Discussion by a committee of the regents of, and action on, an executive compensation program or policy, and any final action by the full board of regents on that program or policy, shall occur in open session of each of those bodies. (D) Compensation for the principal officers of the regents and the officers of the university shall include salary, benefits, perquisites, severance payments (except those made in connection with a dismissal or a litigation settlement), retirement benefits, or any other form of compensation. (8) Matters relating to complaints or charges brought against university officers or employees, excluding individual regents other than the president of the university, unless the officer or employee requests a public hearing. (c) While a witness is being examined during any open or closed session, any or all other witnesses in the investigation may be excluded from the proceedings by the regents. (d) Committees of the regents may conduct closed sessions on Medi-Cal contract negotiations. (e) The nominating committee of the regents may conduct closed sessions held for the purpose of proposing officers of the board and members of the board’s various committees. (f) Committees of the regents may conduct closed sessions held for the purpose of proposing a student regent. (g) The regents shall not be required to give public notice of meetings of special search or selection committees held for the purpose of conducting interviews for university officer positions. (Amended by Stats. 2007, Ch. 523, Sec. 5. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 3. Meetings of the Regents [92020 - 92033] SECTION 92032.5. Source version: id_00605b9b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=3. (a) It is the intent of the Legislature that no proposal relating to the salary, benefits, perquisites, severance payments (except those made in connection with a dismissal or a litigation settlement), or retirement benefits, or any other form of compensation paid to an officer of the University of California shall become effective unless both of the following occur: (1) (A) Notice of the meeting at which the proposal is to be considered has been given to each regent. (B) Information and materials regarding the proposal, including a full disclosure of the fiscal impact, have been made available to each regent in advance of the meeting at which the proposal is to be considered. (C) The fact that the board of regents intends to vote on a proposal concerning the compensation of an officer has been displayed in the meeting notice made available to the public in accordance with the requirements of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 1 of the Government Code or, in the case of a special meeting, in accordance with subdivision (a) of Section 92032. (D) The specific proposal has been made available, prior to the commencement of the open session of the regents at which adoption of the proposal is to be considered, to members of the public present at the open session. The proposal shall be acted upon by the regents as the final open session item for action. (2) The proposal has been approved by the making of a motion and its adoption by a majority vote of the regents present at an open session. Nothing in this section shall preclude in open session the full discussion of the contents of the motion or the reasons why it should or should not be adopted. (b) As used in this section, “officer” means each principal officer of the Regents of the University of California and the officers of the university, as listed in Figure 9 on page F-37 of the Analysis of the 1993–94 Budget Bill by the Legislative Analyst’s office. (Added by Stats. 1993, Ch. 1290, Sec. 2. Effective January 1, 1994.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 3. Meetings of the Regents [92020 - 92033] SECTION 92033. Source version: id_0061e23d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=3. The Regents of the University of California shall provide a copy of this article and Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, to each regent upon his or her appointment to the board or assumption of the office of regent. (Added by Stats. 1982, Ch. 1195, Sec. 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 3.7. Indemnification of Regents, Officers, Employees, and Contractors [92037- 92037.] SECTION 92037. Source version: id_1cde0a3e-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=3.7. Notwithstanding any other provision of law, all of the following shall be indemnified from the state General Fund from all claims, demands, suits, actions, damages, judgments, costs, charges, and expenses, including court costs and attorney’s fees, and indemnified against all liability, losses, and damages of any nature whatsoever that these persons may at any time sustain by reason of any decision of the regents not to invest in any firm or firms with business operations in Sudan or with the Sudanese government: (a) Any current or former members of the regents, jointly and individually. (b) Any current or former officers or employees of the University of California. (c) Any current or former investment managers under contract, or formerly under contract, with the University of California. (d) Any current or former officers, directors, trustees, agents, or employees of any University of California foundation. (Added by Stats. 2006, Ch. 441, Sec. 1. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 4. Condemnation of Property by the Regents [92040- 92040.] SECTION 92040. Source version: id_0061e241-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=4. The Regents of the University of California may acquire by eminent domain any property necessary to carry out any of the powers or functions of the University of California. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 1. General Provisions [92000 - 92050] ARTICLE 5. Construction Contracts [92050- 92050.] SECTION 92050. Source version: id_006368e5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=1.&article=5. The Regents of the University of California may include or cause to be included in a contract for a construction project for the University of California a provision establishing the time within which the whole or any specified portion of the work contemplated shall be completed. The provision may provide that for each day completion is delayed beyond the specified time, the contractor shall forfeit and pay to the Regents of the University of California a specified sum of money, to be deducted from any payments due or to become due to the contractor. The sum so specified is valid as liquidated damages unless manifestly unreasonable under the circumstances existing at the time the contract was made. A contract for such a project may also provide for the payment of extra compensation to the contractor, as a bonus for completion prior to the specified time. Such provisions, if used, shall be included in the specifications and shall clearly set forth the basis for such payments. Nothing in this section restricts the authority of the Regents of the University of California to include any other provision concerning liquidated damages in any contract for a construction project. (Added by Stats. 1977, Ch. 198.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 10. Substance Abuse Research [92820- 92820.] SECTION 92820. Source version: id_009c048f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=10.&article= There is hereby established in the Neurology Department at the University of California, San Francisco, a research project on substance abuse. The major goal of this research is to identify new pharmaceutical agents to prevent or treat alcohol and drug addiction. It is the intent of the Legislature that dedicated state funding for this research will be provided for five years, and be appropriated in the annual Budget Act. It is further the intent of the Legislature that the augmentation of one million dollars ($1,000,000) per year appropriated in the Budget Act of 2000 for this program be used for permanent on-going support of the program. (Amended by Stats. 2000, Ch. 71, Sec. 29. Effective July 5, 2000.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 10.5. University of California-Mexico Research Programs [92830- 92830.] SECTION 92830. Source version: id_4969f53d-f546-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=10.5.&article= On or before March 15 of each year, until 2013, the University of California is requested to report to the Legislature on the facility for University of California-Mexico research and academic programs in Mexico City. The report shall include all of the following: (a) The amount of state and nonstate funds spent to support the University of California-Mexico facility and the specific use of these funds. (b) The amount of state and nonstate funds spent to support University of California-Mexico research and academic programs. (c) A description of the different types of research conducted and the programs operated at the facility. (Added by Stats. 2009, Ch. 386, Sec. 20. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 11. Governor’s Teacher Scholars Program [92850 - 92851] SECTION 92850. Source version: id_009c0493-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=11.&article= The Regents of the University of California are requested to develop a Governor’s Teacher Scholars Program, to operate, commencing July 1, 2000, at the Berkeley and Los Angeles campuses, and at additional University of California campuses, as deemed appropriate by the University, in accordance with all of the following: (a) Prior to July 1, 2000, the university shall develop or accomplish all of the following: (1) A rigorous teacher preparation program that prepares teachers to work in schools with high percentages of low income or English language learners and that culminates in the award of a master’s degree. (2) Begin recruiting highly talented students who wish to become teachers. (3) Conduct a fundraising effort to provide full scholarships to participants in the program. (b) When the program is fully operational, a total of 400 students shall be selected to participate in the program. At least 100 of these students shall be enrolled at each of the Los Angeles and Berkeley campuses. (c) A participant in the program shall receive a full scholarship, funded through private donations and other sources, to cover the costs of the participant related to the program. The amount of a scholarship under this section shall be limited to the amount of university fees charged to resident students and mandatory campus-based fees. (d) A participant in the program shall be required to comply with the teaching requirements for participants in the Assumption Program of Loans for Education set forth in paragraph (5) of subdivision (b) of Section 69613. (e) A participant who leaves classroom teaching service before his or her four-year commitment is completed shall repay that portion of his or her scholarship assistance that is equal to the proportion of the four-year commitment that has not been completed. (Amended by Stats. 2001, Ch. 717, Sec. 2. Effective January 1, 2002.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 11. Governor’s Teacher Scholars Program [92850 - 92851] SECTION 92851. Source version: id_009c0495-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=11.&article= This chapter shall not apply to the University of California unless and until the Regents of the University of California act, by resolution, to make it applicable. (Added by Stats. 1999, 1st Ex. Sess., Ch. 2, Sec. 4. Effective March 29, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 12. Governor’s Principal Leadership Institute [92855 - 92856] SECTION 92855. Source version: id_009d8b39-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=12.&article= The Regents of the University of California are requested to develop a Governor’s Principal Leadership Institute, to operate, commencing July 1, 2000, at the Berkeley and Los Angeles campuses of the university, in accordance with all of the following: (a) Prior to July 1, 2000, the university shall develop a rigorous two-year administrator preparation program that culminates in the award of at least a master’s degree and which coursework shall apply to a doctoral degree, begin recruiting highly talented individuals who wish to become school principals, and conduct a fundraising effort to provide full scholarships to participants in the program. (b) The university shall collaborate with existing principal professional development programs in establishing and administering the program. (c) The program shall be interdisciplinary and shall draw upon the faculty expertise of a wide variety of professional schools, including, but not necessarily limited to, the schools of education, law, and business or management at the participating campuses. (d) When the program is fully operational, a total of 400 students, composed of 200 students at each participating campus, shall be selected to participate in the program. (e) Participants in the program shall receive full scholarships, funded through private donations and other sources, to cover the participants’ cost of the program. These scholarships shall be limited to university fees charged to resident students and mandatory campus-based fees. (f) Participants in the program shall be required to make a commitment to serve four years as a principal, vice-principal, or in another administrative role, at a public elementary or secondary school. (g) Participants who leave administrative service before their four-year commitment is completed shall repay that portion of their scholarship that is equal to the proportion of the four-year commitment that has not been completed. (Added by Stats. 1999, 1st Ex. Sess., Ch. 2, Sec. 6. Effective March 29, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 12. Governor’s Principal Leadership Institute [92855 - 92856] SECTION 92856. Source version: id_009d8b3b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=12.&article= This chapter shall not apply to the University of California unless and until the Regents of the University of California act, by resolution, to make it applicable. (Added by Stats. 1999, 1st Ex. Sess., Ch. 2, Sec. 6. Effective March 29, 1999.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 13. California Institutes for Science and Innovation [92900 - 92901] SECTION 92900. Source version: id_009f11df-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=13.&article= (a) The Regents of the University of California may establish four California Institutes for Science and Innovation at separate campuses of the University of California for the purpose of combining technological and scientific research and training and educating future scientists and technological leaders. (b) Each institute shall be created pursuant to a competitive application process conducted by a panel selected by the Governor and administered by the University of California. (c) In order to utilize the vast array of research and intellectual resources available from throughout the state, each institute may develop programs in cooperation with the private sector and with California’s other public and independent colleges and universities. (d) The concentration of each institute may include, but shall not necessarily be limited to, any of the following: (1) Medicine. (2) Bioengineering. (3) Telecommunications and information systems. (4) Energy resources. (5) Space. (6) Agricultural technology. (e) Funding for the state’s share of operating and facilities costs under this chapter is subject to appropriation in the annual Budget Act. (Amended by Stats. 2001, Ch. 891, Sec. 28. Effective October 14, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 13. California Institutes for Science and Innovation [92900 - 92901] SECTION 92901. Source version: id_00a09881-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=13.&article= It is the intent of the Legislature that all of the following occur: (a) That the University of California receive seventy-five million dollars ($75,000,000) for each year for four years, for a total of three hundred million dollars ($300,000,000) for the 2000–01 fiscal year to the 2003–04 fiscal year, inclusive, for capital and operating budget purposes. (b) That the University of California receive twenty million dollars ($20,000,000) for each of the 2001–02 and 2002–03 fiscal years and thirty million dollars ($30,000,000) for each of the 2003–04 and 2004–05 fiscal years, for a total of one hundred million dollars ($100,000,000) for capital and operating budget purposes. (c) That a portion of the funds referenced in subdivisions (a) and (b) be available, in an amount not to exceed 5 percent of the annual appropriation, for annual operating budget expenditures. Upon completion of each project, the level of ongoing funding for the operating budget of the institutes will be determined by the Governor and the Legislature through the annual budget process. (d) That the University of California will not seek further state funding for capital outlay associated with these four institutes beyond that provided within the four hundred million dollar ($400,000,000) total. (e) Every dollar of state funds appropriated for these institutes shall be matched by at least two dollars ($2) of nonstate funds, including, but not necessarily limited to, federal and private funds. (Amended by Stats. 2001, Ch. 891, Sec. 29. Effective October 14, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92950. Source version: id_e081a45d-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= The Legislature finds and declares all of the following: (a) Mindful of the right of individuals to privacy, access to information concerning the conduct of the people’s business is a necessary and fundamental right of every person in this state. (b) University of California campus foundations are independently governed charitable nonprofit corporations that are legally separate from the University of California (UC), but provide important support to the individual campuses of the UC and the UC system as a whole. (c) The release of information maintained by University of California campus foundations to the public must be balanced by the need to protect the individual privacy rights of donors and volunteers and to protect the fiduciary interests of these organizations. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92951. Source version: id_e081cb6f-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= As used in this chapter, the following terms have the following meanings: (a) “UC campus foundation” means the following corporations organized under the laws of the State of California: University of California, Berkeley Foundation, UC Davis Foundation, the University of California, Irvine Foundation, the UCLA Foundation, University of California, Merced Foundation, UC Riverside Foundation, U.C. San Diego Foundation, University of California, San Francisco Foundation, UC Santa Barbara Foundation, U.C. Santa Cruz Foundation, and any other foundation authorized by the Regents of the University of California. (b) “Identifiable writing” means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92952. Source version: id_e0821991-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= (a) Records maintained by a UC campus foundation shall be available to the public to inspect or copy at all times during the office hours of the foundation, except as hereafter provided. The records subject to inspection or copying by the public pursuant to this section shall include any identifiable writing containing information relating to the conduct of the UC campus foundation that is prepared, owned, used, or retained by a UC campus foundation. Any reasonably segregable portion of a record shall be promptly available for inspection and copying after redacting those portions exempt from disclosure by law. (b) Upon a request for a copy of a record that reasonably describes an identifiable record, a UC campus foundation shall make the record available within a reasonable time to any person upon payment of fees covering only the direct cost of duplication, except with respect to records maintained by a UC campus foundation exempt from disclosure by law. Nothing in this chapter shall be construed to permit a UC campus foundation to delay or obstruct the inspection or copying of public records. (c) If a member of the public requests to inspect a public record or obtain a copy of a record held by a UC campus foundation, the UC campus foundation shall assist the person to make a focused and effective request that reasonably describes an identifiable record or records. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92953. Source version: id_e08240a3-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= (a) Upon a written request for a copy or inspection of records, a UC campus foundation shall determine, within 10 calendar days from the receipt of such request, whether the request, in whole or in part, seeks copies of disclosable records maintained by the UC campus foundation and shall notify the requester in writing without undue delay of the determination and the reasons therefor. (b) (1) In unusual circumstances, the time limit prescribed in this section may be extended by a written notice by the head of the UC campus foundation, or his or her designee, to the person making the request that sets forth the reasons for the extension and the date on which a determination is expected to be sent. That notice shall not specify a date that would result in an extension of more than 14 days. When the UC campus foundation sends the determination, and if the UC campus foundation determines that the request seeks disclosable public records, the UC campus foundation shall state the estimated date and time when the records will be made available. (2) As used in this section, “unusual circumstances” means the following, but only to the extent reasonably necessary to the proper processing of the particular request: (A) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (B) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (C) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having a substantial subject matter interest therein. (D) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. (c) A UC campus foundation shall justify withholding disclosure of a record by demonstrating that the record is exempt from disclosure by law, or that, on the facts of the particular request, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (d) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing and shall not set forth the names and titles or positions of each person responsible for the denial. (e) This chapter shall not limit access to a public record on the basis of the purpose for which the record is being requested, if the record is otherwise subject to disclosure. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92954. Source version: id_e082b5d5-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= (a) Unless otherwise prohibited by law, a UC campus foundation that has information that constitutes an identifiable record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that record available in an electronic format when requested by any person and, when applicable, shall comply with both of the following: (1) A UC campus foundation shall make the electronic record available in the electronic format in which it holds the information. (2) A UC campus foundation shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the UC campus foundation to create copies for its own use or for provision to other entities or persons. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record if either of the following applies: (1) In order to comply with the provisions of subdivision (a), a UC campus foundation would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals. (2) The request would require data compilation, extraction, or programming to produce the record. (c) If a request is for a record in a nonelectronic format, and the record is also available in an electronic format, a UC campus foundation may inform the requester that the record is available in an electronic format. (d) Nothing in this section shall be construed to do any of the following: (1) Require a UC campus foundation to reconstruct a record in an electronic format if the UC campus foundation no longer has the record available in an electronic format. (2) Permit a UC campus foundation to make a record available only in an electronic format. (3) Require a UC campus foundation to release an electronic record in the electronic form in which it is held by the UC campus foundation if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software with which it is maintained. (4) Permit public access to records held by any UC campus foundation to which access is otherwise restricted by law. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92955. Source version: id_f920e201-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= Nothing in this chapter shall require a UC campus foundation to disclose information that is exempt from disclosure pursuant to an exemption set forth in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 87. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92956. Source version: id_fbdd9103-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= (a) Notwithstanding any other law, the following records maintained by a UC campus foundation shall not be subject to disclosure: (1) Information that would disclose the identity of a donor, prospective donor, or volunteer. (2) Personal financial information, estate planning information, and gift planning information of a donor, prospective donor, or volunteer. (3) Personal information related to any of a donor’s private trusts or a donor’s private annuities administered by a UC campus foundation. (4) Information related to fundraising plans, fundraising research, and solicitation strategies to the extent that these activities are not already protected under Section 99040, Title 5 (commencing with Section 3426) of Part 1 of Division 4 of the Civil Code, Section 1060 of the Evidence Code, or Section 7927.705 of the Government Code. (5) The identity of students and alumni to the extent that this information is already protected under state and federal statutes applicable to the University of California. This paragraph shall not apply to a part-time or full-time employee of the UC campus foundation, or to a student who participates in a legislative body of a student body organization on a University of California campus. (b) Subdivision (a) shall not be construed to exempt from disclosure records that contain information regarding any of the following: (1) The amount and date of a donation. (2) Any donor-designated use or purpose of a donation. (3) Any other donor-imposed restrictions on the use of a donation. (4) (A) The identity of a donor who, in any fiscal year, makes a gift or gifts, in a quid pro quo arrangement, where either the value of the benefit received is in excess of two thousand five hundred dollars ($2,500) or the benefit would be impermissible under state or federal law. In these circumstances, records pertaining to the gift or gifts maintained by a UC campus foundation that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (B) Annually, on January 1, the monetary threshold set forth in subparagraph (A) shall be adjusted upward or downward to reflect the percentage change in the Consumer Price Index, as calculated by the United States Bureau of Labor Statistics, rounded off to the nearest one thousand dollars ($1,000). (5) Self-dealing transactions, including, but not limited to, loans of money or property, or material financial interests of or between foundation officers or directors and a UC campus foundation, as set forth in Sections 5233 and 5236 of the Corporations Code. In these circumstances, records pertaining to the self-dealing transactions maintained by a UC campus foundation that would otherwise be exempt from disclosure under subdivision (a) shall be disclosed. (6) Any instance in which a volunteer or donor of a gift is awarded, within five years of the date of the service or gift, a contract from the university or UC campus foundation that was not subject to competitive bidding. In these circumstances, records pertaining to the service or gift maintained by the UC campus foundation that would otherwise be exempt from disclosure under paragraph (1) of subdivision (a) shall be disclosed. (Amended by Stats. 2021, Ch. 615, Sec. 88. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92957. Source version: id_e083a03b-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any record or class of records maintained by a UC campus foundation under this chapter. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92958. Source version: id_e083c74d-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= (a) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain records maintained by a UC campus foundation are being improperly withheld from a member of the public, the court shall order the officer or person charged with withholding the records to disclose the record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties, and any oral argument and additional evidence as the court may allow. (b) If the court finds that a UC campus foundation official’s decision to refuse disclosure is not justified under this chapter, he or she shall order the official to make the record public. If the judge determines that the official was justified in refusing to make the record public, he or she shall return the item to the official without disclosing its content with an order supporting the decision refusing disclosure. (c) An order of the court, either directing disclosure by a UC campus foundation official or supporting the decision of the UC campus foundation official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (d) The court shall award court costs and reasonable attorney’s fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and reasonable attorney’s fees shall be paid by the UC campus foundation of which the official is a member or employee and shall not become a personal liability of the UC campus foundation official. If the court finds that the plaintiff’s case is clearly frivolous, the court shall award court costs and reasonable attorney’s fees to the UC campus foundation. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92959. Source version: id_e084156f-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= (a) Notwithstanding any other provisions of law, and except as provided for in subdivision (c), whenever a UC campus foundation discloses a record it maintains that is otherwise exempt from this chapter, this disclosure shall constitute a waiver of the exemptions specified in this chapter with regard to that record. (b) For purposes of this section, “UC campus foundation” includes a member, agent, volunteer, or officer of the UC campus foundation acting within the scope of his or her affiliation with a UC campus foundation. (c) Subdivision (a) shall not apply to the following disclosures: (1) Disclosures made to a donor or prospective donor with regard to that donor’s donation or prospective donation to a UC campus foundation. (2) Disclosures made to a volunteer or prospective volunteer with respect to that volunteer’s services being provided to a UC campus foundation. (3) Disclosures made through other legal proceedings or as otherwise required by law. (4) Disclosures within the scope of a disclosure required by law that limits disclosure of specified writings to certain purposes. (5) Disclosures described in subdivision (a) of Section 92956 to an auditor conducting an audit. (6) Disclosures described in subdivision (a) of Section 92956 to a bank or similar financial institution in the course of ordinary financial transactions, or in response to a request from the bank or other financial institution relating to the ordinary delivery of financial services. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92960. Source version: id_e0846391-3176-11e1-8739-f09ac7bc4be1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= Any provision in a contract entered into after the effective date of this chapter between a UC campus foundation and another party that would prevent the disclosure of information required to be disclosed pursuant to this chapter is void and unenforceable, and such a provision shall not justify a failure to comply with the requirements of this chapter. (Added by Stats. 2011, Ch. 247, Sec. 3. (SB 8) Effective January 1, 2012.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14. The Richard McKee Transparency Act of 2011 [92950 - 92961] SECTION 92961. Source version: id_fe7cccf5-5920-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.&article= This chapter shall not apply to records subject to any request made pursuant to the California Public Records Act, as set forth in Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 89. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 14.5. Innovation and Entrepreneurship Expansion [92965- 92965.] SECTION 92965. Source version: id_c420cb5f-9f21-11e7-bbe1-ac64647b3236 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=14.5.&article= (a) With funds appropriated in Item 6440-001-0001 of Section 2.00 of the Budget Act of 2016, the University of California shall make one-time expenditures for activities to expand or accelerate economic development in the state, including activities associated with the research and development of new energy technologies and storage, in ways that are aligned with other efforts to support innovation and entrepreneurship. (b) From the funds specified in subdivision (a), two million two hundred thousand dollars ($2,200,000) shall be allocated to each of the following campuses of the University of California: (1) Berkeley. (2) Davis. (3) Irvine. (4) Los Angeles. (5) Merced. (6) Riverside. (7) San Diego. (8) San Francisco. (9) Santa Barbara. (10) Santa Cruz. (c) The Regents of the University of California shall designate an external advisory body, whose members have demonstrated expertise in innovation and entrepreneurship, to encourage the effective use of the funds specified in subdivision (b) through planning and oversight. (d) A campus shall not expend the funds specified in subdivision (b) until the external advisory body has certified that the chancellor of the campus has demonstrated all of the following: (1) That the funds will be used only for the costs of activities that support the expansion or acceleration of economic development in the state, including activities associated with research and development of new energy technologies and storage, such as any of the following benefits for entrepreneurs: (A) Business training. (B) Mentorship. (C) Proof-of-concept grants. (D) Work space. (E) Laboratory space. (F) Equipment. (G) Research and development. (2) That the funds will be spent only after the uses and beneficiaries have been determined through a transparent, inclusive, and fair process. (3) That private funds will also be used for these activities, with the intent that the amount of private funds will be at least equal to the amount specified in subdivision (b). (4) That any financial benefit that results from the use of these funds, including any revenues generated with these funds be accounted for and also used on these activities. (5) That a credible plan has been developed to support any ongoing activities beyond the one-time expenditures of these funds. (e) The external advisory body shall notify the Director of Finance and the Legislature, no fewer than 10 days before providing certification pursuant to subdivision (d) of its intent to do so. (f) (1) On or before November 30, 2017, the Regents of the University of California shall report to the Director of Finance and the Legislature on the specific activities at each campus supported by these funds. (2) The report shall be submitted to the Legislature pursuant to Section 9795 of the Government Code. (Amended by Stats. 2017, Ch. 250, Sec. 9. (AB 129) Effective September 16, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 15. The California Blueprint for Research to Advance Innovations in Neuroscience Act of 2014 [92985 - 92988] SECTION 92985. Source version: id_1a3bf87a-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=15.&article= This act shall be known, and may be cited, as the California Blueprint for Research to Advance Innovations in Neuroscience (Cal-BRAIN) Act of 2014. (Added by Stats. 2014, Ch. 34, Sec. 32. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 15. The California Blueprint for Research to Advance Innovations in Neuroscience Act of 2014 [92985 - 92988] SECTION 92985.5. Source version: id_1a3bf87c-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=15.&article= (a) In April 2013, President Obama unveiled the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) Initiative — a collaborative program that will map the activity of every neuron in the human brain with a programmed total investment of more than three hundred million dollars ($300,000,000) per year over 10 years. (b) The BRAIN Initiative is launching with approximately one hundred ten million dollars ($110,000,000) in funding for research in 2014, as well as additional private sector investment from institutes and foundations based in California. (c) California is poised to be a world leader in this research effort given the prominent role of scientists and industry leaders throughout the state. (d) Four of the six scientists who proposed the BRAIN Initiative and six of the 15 members of the Advisory Committee to the Director of the National Institutes of Health for the BRAIN Initiative are from California. (e) Some California-based corporations have indicated they are interested in collaborating with brain research institutions on research for the BRAIN Initiative to bring new discoveries to the marketplace. (f) The BRAIN Initiative has the potential to be a major driver of new industries and jobs in biotechnology, artificial intelligence, and information technologies, as well as a catalyst for major breakthroughs in brain-related diseases, injuries, and illnesses, including Alzheimer’s disease, which is programmed to cost California over thirty billion dollars ($30,000,000,000) a year by 2030. (g) The products of scientific research improve the quality of our lives and health and provide us with high-quality jobs that employ and demand a highly skilled workforce. (h) Given California’s assets and capacity for collaboration, entrepreneurship, and innovation, a state investment to expand and accelerate this research in the state and to promote the translation of breakthroughs into the marketplace is an important investment in the intellectual infrastructure for California’s economic future. (Added by Stats. 2014, Ch. 34, Sec. 32. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 15. The California Blueprint for Research to Advance Innovations in Neuroscience Act of 2014 [92985 - 92988] SECTION 92986. Source version: id_1a3bf87e-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=15.&article= (a) The Regents of the University of California are requested to establish the Cal-BRAIN program to leverage California’s vast research assets and the federal BRAIN Initiative’s funding opportunities to accelerate the development of brain mapping techniques, including the development of new technologies, which will create new, high-paying jobs in California while advancing patient care and improving lives, in order to achieve the following goals: (1) Maintain California’s leadership role in neuroscience innovation. (2) Develop a dynamic map of the human brain that provides researchers, physicians, and engineers with the knowledge necessary to develop new treatments and technologies that will improve lives and reduce the costs of providing health care. (3) Grow California’s economy through the expansion of California’s high technology and biotechnology sectors. (4) Train the next generation of scientists for the neuroscience and engineering jobs of the future. (b) The University of California is requested to utilize California’s unique collaborative research environment by convening stakeholders from public and private research institutions, national laboratories, biotechnology and high technology companies, and venture capital firms to develop the governing structure for the Cal-BRAIN program. (c) The governing structure shall be designed to do all of the following: (1) Adopt a research plan that identifies milestones for achieving the goals of the Cal-BRAIN program. (2) Establish competitive, merit-based opportunities for interested public and private California research institutions and national laboratories to apply for Cal-BRAIN program funding. (3) Maintain the flexibility to adjust the Cal-BRAIN program’s priorities and focus based upon knowledge gained from scientific discoveries. (4) Establish a technology transfer program to identify and accelerate the commercial application of both early and late-stage discoveries and technologies from the Cal-BRAIN program into the marketplace and to promote new and expanded technology sectors in the state. (5) Solicit contributions to the Cal-BRAIN program with a goal of achieving a nonstate funding match that meets or exceeds the financial investment by the state. (Added by Stats. 2014, Ch. 34, Sec. 32. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 15. The California Blueprint for Research to Advance Innovations in Neuroscience Act of 2014 [92985 - 92988] SECTION 92987. Source version: id_1a3c1f90-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=15.&article= The Regents of the University of California are requested to provide information about the Cal-BRAIN program through an Internet Web site, including a brief description of funded projects and activities. (Added by Stats. 2014, Ch. 34, Sec. 32. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 15. The California Blueprint for Research to Advance Innovations in Neuroscience Act of 2014 [92985 - 92988] SECTION 92988. Source version: id_1a3c1f92-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=15.&article= This chapter shall be implemented only to the extent that adequate funding for its purposes, as determined by the Regents of the University of California, is appropriated to the University of California in the annual Budget Act or other statute. (Added by Stats. 2014, Ch. 34, Sec. 32. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 16. Nonresident Enrollment [93000- 93000.] SECTION 93000. Source version: id_190e9a89-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=16.&article= (a) It is the intent of the Legislature that the Regents of the University of California adopt a policy that limits the share of nonresident students at every campus to no more than 18 percent of the campus’ undergraduate enrollment. (b) It is the intent of the Legislature that each campus that reduces nonresident enrollment pursuant to subdivision (a) enroll a like amount of resident undergraduate students. (c) It is the intent of the Legislature to provide annual appropriations to assist the University of California in gradually making progress toward achieving this policy at the University of California, Berkeley, the University of California, Los Angeles, and the University of California, San Diego campuses. It is further the intent of the Legislature that appropriations for this purpose specify both of the following: (1) The target reduction in nonresident undergraduate enrollment for these campuses to be achieved with the appropriated funds. (2) If the actual reduction in nonresident undergraduate enrollment for these campuses in any academic year is less than the target reduction specified in the Budget Act appropriation for that year, the Department of Finance shall adjust the University of California’s budget appropriation by the portion of the appropriation attributable to each student under the target reduction level. (d) (1) On or before January 31 in each year of the implementation period, the University of California shall report to the Department of Finance and the budget committees of the Legislature on both of the following: (A) The share of undergraduate enrollment that is nonresident by campus, including the total enrollment of undergraduate resident students by campus and the total enrollment of undergraduate nonresident students by campus. (B) A fiscal estimate of the projected cost to make further progress for the following fiscal year. (2) The university may fulfill these information requirements as part of other existing reports, where possible. (Added by Stats. 2021, Ch. 144, Sec. 68. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 1. Withdrawal From the State Treasury [92100 - 92102] SECTION 92100. Source version: id_0064ef8b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=1. Any sum of money specifically appropriated to, or for the use of, or expenditure by, the Regents of the University of California, other than money appropriated by a state budget act for the general support of the University of California, may be withdrawn at any time in its entirety from the State Treasury, at the direction of the Regents of the University of California, upon a warrant payable to the treasurer of the Regents of the University of California. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 1. Withdrawal From the State Treasury [92100 - 92102] SECTION 92101. Source version: id_0064ef8d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=1. The Regents of the University of California shall submit reports to the State Public Works Board of any allocations made by the Regents of the University of California pursuant to the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 1. Withdrawal From the State Treasury [92100 - 92102] SECTION 92102. Source version: id_0064ef8f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=1. Notwithstanding any other provision of law, the portion of each sum of money which has been or is appropriated or allocated to the Regents of the University of California for capital outlay which remains after the purpose for which each sum was appropriated or allocated has been accomplished, and which has been or is withdrawn from the State Treasury by the Regents of the University of California pursuant to the provisions of Section 92100, together with increments, by way of interest or otherwise, on the appropriation or allocation, shall be used and expended by the Regents of the University of California in executing and furthering the building and improvement program of the University of California. These sums shall not be allocated by the Regents of the University of California to projects for the purpose of augmenting a project without prior approval of the State Public Works Board of the requested augmentation. Each sum shall be available for expenditure in payment of any encumbrances incurred without regard to fiscal years. However, any unencumbered balances existing as of the date on which each appropriation or allocation otherwise would lapse shall then revert to the General Fund. (Added by Stats. 1983, Ch. 323, Sec. 30. Effective July 1, 1983.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92110. Source version: id_0064ef93-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. Whenever the state is the owner of any property sold for taxes and the deed to the state has been filed with the Controller, and there appears of record a mortgage upon the property to the Regents of the University of California, and the mortgage and the debt secured by the mortgage have not been both paid in full and satisfied of record, the Controller, upon receiving proof, by affidavit of the president and secretary, or acting secretary or of the treasurer of the regents, that the debt secured by the mortgage has not been fully paid, shall direct the tax collector of the county or city and county in which the lands are situated, to execute a deed of the lands in the name of the state to the Regents of the University of California. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92111. Source version: id_0064ef95-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. The tax collector shall thereupon publish a notice once a week for at least three successive weeks in some newspaper published in the county or city and county in which the lands are situated, or if there is no newspaper published therein, then the tax collector shall post a notice in three conspicuous places in the county or city and county at least three weeks before the day named in the notice. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92112. Source version: id_00667637-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. The notice shall state that on or after a day mentioned, which shall be not less than four weeks, and not more than eight weeks after the first publication or posting of the notice, the tax collector will execute and deliver to the Regents of the University of California a deed to the property, and shall describe the property and shall state that the deed will be made because of a sale of the property to the state for delinquent taxes, and because the Regents of the University of California are interested in the property. No other matters need be contained in the notice. One or more pieces of land may be described in the affidavit, notice, deed, and report provided for in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92113. Source version: id_00667639-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. Unless prior to the day mentioned in the notice, there is paid to the tax collector (a) the full amount for which the property was sold to the state, together with all interest and penalties thereon and all expenses and costs connected therewith, and (b) all subsequent state and county taxes not theretofore paid in full, and all interest and penalties thereon, and all costs and expenses connected therewith, and also (c) the expense of publishing or posting the notice, as the case may be, the tax collector shall on the day, or within 10 days thereafter, execute, acknowledge, and deliver a deed to the regents without any payment, charge, or fee therefor, and shall within five days thereafter report in writing to the Controller the fact of the execution of the deed. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92114. Source version: id_0066763b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. The expense of the publication and posting shall be paid by the Regents of the University of California, unless the expense is paid to the tax collector prior to the day mentioned in the notice. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92115. Source version: id_0066763d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. If the notice describes two or more pieces of land assessed separately and sold separately to the state, and if all the payments are made within the time prescribed in respect to any one of the pieces separately assessed and sold, the piece paid upon shall not be included in the deed, and the fact of the payment and the amount paid shall be stated in the report to the Controller. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92116. Source version: id_0066763f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. The deed shall transfer, grant, convey, and confirm to the Regents of the University of California the entire title to the lands, free and clear of all claims and incumbrances whatsoever. Nothing contained in this article shall be held to interfere with the right of the regents to enforce the mortgage or the payment of the debt secured thereby, or to procure a decree of foreclosure and a sale under the decree of all or any of the property described in the mortgage. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92117. Source version: id_00667641-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. The deed shall recite the facts provided in this article as authorizing its execution and is prima facie evidence of the facts and of all matters therein recited and of the ownership of the lands by the regents. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92118. Source version: id_00667643-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. The deed may be recorded in the office of the county recorder of the county or city and county in which the lands are situated, and upon the expiration of two years after it has been recorded, shall, except as against parties deriving title through a sale and purchase under decree of foreclosure of the mortgage, be conclusive evidence that the complete fee simple title to the property therein described vested at the date of the deed in the Regents of the University of California, free and clear of all claims, liens, charges, and incumbrances whatsoever. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92119. Source version: id_006823f5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. In any action commenced against the regents before the expiration of two years to question the title of the regents to the property, the deed is prima facie evidence only. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 2. Transfer of Land Acquired by Tax Sales to the University [92110 - 92120] SECTION 92120. Source version: id_006823f7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=2. While any mortgage to the regents appears of record and not satisfied of record, no lands which have been sold to the state for taxes and the deed to which has been filed with the Controller, shall be sold or disposed of, except as provided in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 3. Insurance [92130- 92130.] SECTION 92130. Source version: id_0069aa9b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=3. All property of the University of California held in fee or otherwise for purposes of income may be insured against damage or loss. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 4. Federal Funds for Education in Agriculture and Mechanical Arts [92140 - 92144] SECTION 92140. Source version: id_0069aa9f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=4. The state assents to the provisions of an act passed by Congress, entitled “An act to apply a portion of the proceeds of the Public Lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Congress, approved July second, Eighteen Hundred and Sixty-two,” and approved August 30, 1890. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 4. Federal Funds for Education in Agriculture and Mechanical Arts [92140 - 92144] SECTION 92141. Source version: id_0069aaa1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=4. The state assents to the provisions of an act passed by Congress known as the Smith-Lever Act, and entitled, “An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July 2, 1862, and of acts supplementary thereto, and the United States Department of Agriculture,” approved May 8, 1914. The Regents of the University of California are authorized to receive the grants of money appropriated under the act of Congress and to organize and conduct agricultural extension work in accordance with the terms and conditions expressed in the act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 4. Federal Funds for Education in Agriculture and Mechanical Arts [92140 - 92144] SECTION 92142. Source version: id_0069aaa3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=4. The state assents to the provisions of an act passed by Congress, entitled “An act to authorize a more complete endowment of agricultural experiment stations and for other purposes, approved February 24, 1925.” The Regents of the University of California are authorized to receive grants of money authorized by the act for the benefit of the University of California Agricultural Experiment Station and to use the money in accordance with the terms and conditions expressed in the act of Congress. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 4. Federal Funds for Education in Agriculture and Mechanical Arts [92140 - 92144] SECTION 92143. Source version: id_0069aaa5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=4. The state assents to the provisions of an act passed by Congress known as the Capper-Ketcham Act and entitled “An act to provide for the further development of agricultural extension work between the agricultural colleges in the several States receiving the benefits of the act, entitled " An act donating public lands to the several States and territories which may provide colleges for the benefit of agriculture and the mechanical arts,’ approved July 2, 1862, and all acts supplementary thereto, and the United States Department of Agriculture,” and approved May 22, 1928. The Regents of the University of California are authorized to receive the grant of money appropriated under the act of Congress, and to organize and conduct extension work in accordance with the terms and conditions expressed in the act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 4. Federal Funds for Education in Agriculture and Mechanical Arts [92140 - 92144] SECTION 92144. Source version: id_006b3147-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=4. The state assents to the provisions of an act, passed by Congress and entitled “An act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of co-operative agricultural extension work and the more complete endowment and support of land-grant colleges,” approved June 29, 1935, Public Law No. 1827—74th Congress. The Regents of the University of California are authorized to receive all grants of money appropriated under the act of Congress, and to apply, use, and expend the grants of money for the purposes and in accordance with the terms, conditions, and requirements set forth in the act. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 5. Public Funds for Private Organizations [92150- 92150.] SECTION 92150. Source version: id_178043c4-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=5. No state funds under the control of an officer or employee of the University of California shall ever be used for membership or for any participation involving a financial payment or contribution, on behalf of the university, or any individual employed by or associated therewith, in any private organization whose membership practices are discriminatory on the basis of the characteristics listed in Section 66270. This section does not apply to any public funds that have been paid to an individual employee or officer of the university as salary, or to any funds that are used directly or indirectly for the benefit of student organizations. (Amended by Stats. 2007, Ch. 569, Sec. 56. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 6. Construction of a San Joaquin Valley Campus [92160- 92160.] SECTION 92160. Source version: id_006b314f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=6. The Legislature finds and declares all of the following: (a) The San Joaquin Valley is the most populous region of the state without a University of California campus, and has one of the lowest rates of college participation of all regions in California. The San Joaquin Valley consists of the following counties: Alpine, Amador, Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Mono, San Joaquin, Stanislaus, Tulare, and Tuolumne. (b) The San Joaquin Valley sends fewer than 5 percent of its high school graduates to the University of California, a smaller proportion than the statewide average of almost 8 percent of high school graduates who attend the university. (c) Access to postsecondary education is determined, in significant measure, by a student’s proximity to college campuses. (d) California’s economic, social, and cultural development depends upon popular access to an educational system that prepares all of the state’s inhabitants for responsible citizenship and meaningful careers in a multicultural democracy. (e) The southern San Joaquin Valley is home to a large population of Chicano and Latino Californians, a group that has been historically underrepresented among the University of California student body. (f) Current projections indicate that California must prepare to accommodate more than 700,000 additional students in its public postsecondary educational institutions within the next 12 years. (g) In 1988, the Regents of the University of California adopted a long-range enrollment plan to expand the capacity of the university to accommodate an estimated 65,000 additional students by 2005. (h) California has suffered a severe fiscal crisis that resulted in the underfunding of the University of California and the regents suspending actions and plans to construct additional campuses. (i) The Legislature recognizes that long-term planning for California’s future higher education needs must continue despite the short-term scarcity of resources. (j) The Legislature is committed to planning for expansion of its higher education system, with particular emphasis on quality undergraduate education, student and faculty diversity, improved transfer and retention programs, and effective accountability mechanisms. (k) As evidenced by the adoption of House Resolution 24 and Senate Resolution 18, the Legislature is committed to providing financial support to the University of California for the purpose of meeting the increased need for higher education created by growth in the state’s population. (Added by Stats. 1993, Ch. 567, Sec. 1. Effective September 28, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 6.5. The University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund [92162 - 92166] SECTION 92162. Source version: id_85d4a111-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=6.5. (a) The University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund is hereby established in the State Treasury. Funds received by the University of California or the Controller, for the purposes set forth in subdivision (b), shall be deposited into the University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund. For purposes of this article, “endowment fund” means the University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund. (b) Moneys in the endowment fund shall be allocated to the University of California, upon appropriation by the Legislature, to support the annual operating costs for the development, operation, and maintenance of a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley, and to generate funding through investment earnings for the support of medical education in the San Joaquin Valley. (c) (1) Moneys in the endowment fund shall initially be invested with the goal of achieving capital appreciation to create a balance sufficient to generate ongoing earnings to cover the estimated annual operating costs associated with the development, operation, and maintenance of a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley. The balance of the endowment fund shall not be deemed sufficient until a balance of five hundred million dollars ($500,000,000) is achieved and maintained in the endowment fund. (2) Upon the determination of the Controller, in consultation with the University of California, that the endowment fund balance has attained the goal established in paragraph (1), moneys in the endowment fund shall be invested to generate earnings to fund annual operating costs associated with the development, operation, and maintenance of a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley. Moneys shall be invested in a manner that best meets the goals of the endowment fund. (d) The endowment fund may receive donations and contributions from public and private entities, partnerships between public and private entities, fees, cash advances, and transfers from the General Fund as may be specified by law. (e) Earnings generated by the endowment fund shall be retained by the endowment fund. (f) Moneys deposited in the endowment fund are exempt from the requirements of Sections 11270 to 11275, inclusive, of the Government Code. (Amended by Stats. 2019, Ch. 497, Sec. 100. (AB 991) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 6.5. The University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund [92162 - 92166] SECTION 92164. Source version: id_df8eab57-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=6.5. (a) (1) Upon the determination of the Controller, in consultation with the University of California, that the endowment fund has adequate principal to annually yield sufficient investment earnings, from the date of determination, to cover the annual costs for the development, operation, and maintenance of a branch campus of the University of California, San Francisco, School of Medicine, supporting 50 students per class, or 200 students total, in the San Joaquin Valley over the next 10 years and to fund the estimated costs of obtaining approval and accreditation from the Liaison Committee on Medical Education, the University of California shall seek approval and accreditation from the Liaison Committee on Medical Education for an expanded branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley. (2) The Controller, upon appropriation by the Legislature, shall transfer moneys from the endowment fund to the University of California, in an amount equal to the estimated costs of applying for and obtaining approval and accreditation from the Liaison Committee on Medical Education for a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley. (b) Any funds, public or private, allocated from the endowment fund, shall supplement, not supplant, the University of California budget allocations for any fiscal year. (Added by Stats. 2018, Ch. 756, Sec. 2. (AB 2202) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 6.5. The University of California, San Francisco, San Joaquin Valley Regional Campus Medical Education Endowment Fund [92162 - 92166] SECTION 92166. Source version: id_df8eab59-fcb1-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=6.5. Nothing in this article shall require the University of California to take any action towards developing a branch campus of the University of California, San Francisco, School of Medicine in the San Joaquin Valley region unless the endowment fund has a balance of five hundred million dollars ($500,000,000) and the Controller, after consultation with the University of California, has determined that the funds to be allocated are sufficient to support annual operating expenses for a San Joaquin Valley branch campus of the University of California, San Francisco, School of Medicine supporting 50 students per class. (Added by Stats. 2018, Ch. 756, Sec. 2. (AB 2202) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 6.6. The University of California Kern County Medical Education Endowment Fund [92168 - 92169] SECTION 92168. Source version: id_1b142ffa-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=6.6. (a) The University of California Kern County Medical Education Endowment Fund is hereby established in the State Treasury. Funds received by the University of California or the Controller, for the purposes set forth in subdivision (b), shall be deposited into the University of California Kern County Medical Education Endowment Fund. For purposes of this article, “endowment fund” means the University of California Kern County Medical Education Endowment Fund. (b) Moneys in the endowment fund shall be allocated to the University of California, upon appropriation by the Legislature, to support the annual operating costs for the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern, to conduct a feasibility study related to that branch campus, and to generate funding through investment earnings for the support of medical education in the San Joaquin Valley. (c) (1) Moneys in the endowment fund shall initially be invested with the goal of achieving capital appreciation to create a balance sufficient to generate ongoing earnings to cover the estimated annual operating costs associated with the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern. (2) Upon the determination of the Controller, in consultation with the University of California, that the endowment fund balance has attained the goal established in paragraph (1), moneys in the endowment fund shall be invested to generate earnings to fund annual operating costs associated with the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern. Moneys shall be invested in a manner that best meets the goals of the endowment fund. (d) The endowment fund may receive donations and contributions from public and private entities, partnerships between public and private entities, fees, cash advances, and transfers from the General Fund as may be specified by law. (e) Earnings generated by the endowment fund shall be retained by the endowment fund. (f) Moneys deposited in the endowment fund are exempt from the requirements of Article 2 (commencing with Section 11270) of Chapter 3 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2024, Ch. 959, Sec. 1. (AB 2357) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 6.6. The University of California Kern County Medical Education Endowment Fund [92168 - 92169] SECTION 92169. Source version: id_1b142ffc-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=6.6. (a) (1) Upon the determination of the Controller, in consultation with the University of California, that the endowment fund has adequate principal to annually yield sufficient investment earnings, from the date of determination, to cover the annual costs for the development, operation, and maintenance of a branch campus of an existing University of California School of Medicine in the County of Kern, the University of California shall seek approval and accreditation from the Liaison Committee on Medical Education for a branch campus of an existing University of California School of Medicine in the County of Kern. (2) The Controller, upon appropriation by the Legislature, shall transfer moneys from the endowment fund to the University of California, in an amount equal to the estimated costs of applying for and obtaining approval and accreditation from the Liaison Committee on Medical Education for a branch campus of an existing University of California School of Medicine in the County of Kern. (b) Any funds, public or private, received for or generated by the endowment fund shall supplement, not supplant, any current or future funding. Any funds allocated from the endowment fund shall supplement, not supplant, the University of California budget allocations for any fiscal year. (Added by Stats. 2024, Ch. 959, Sec. 1. (AB 2357) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 2. Fiscal Treasury [92100 - 92180] ARTICLE 8. Campus Expansion Projects and Climate Initiatives [92180- 92180.] SECTION 92180. Source version: id_54e751f2-70e9-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=2.&article=8. (a) (1) Moneys appropriated by the Legislature for purposes of this section in the annual Budget Act during the 2022–23 to 2024–25, inclusive, fiscal years to directly support one or both of the following at the University of California, Riverside, and the University of California, Merced, shall comply with the provisions of paragraph (2): (A) Campus expansion projects, which may include, but are not limited to, related capital projects. (B) University of California climate initiatives, which may include, but are not limited to, related capital projects. (2) These funds shall supplement and not supplant any current or future funding. (b) Projects that receive funding pursuant to subdivision (a) are a public work for which prevailing wages shall be paid for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (c) (1) For projects that receive funding pursuant to subdivision (a), the University of California shall obtain an enforceable commitment from any contractor performing work in an apprenticeable occupation in the building and construction trades that the contractor and its subcontractors at every tier will individually use a skilled and trained workforce to complete the work. (2) Paragraph (1) shall not apply if all contractors and subcontractors at every tier performing the work will be bound by a project labor agreement that requires the use of a skilled and trained workforce and provides for enforcement of that obligation through an arbitration procedure. (3) For purposes of this subdivision, the following definitions apply: (A) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (B) “Skilled and trained workforce” has the same meaning as set forth in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (d) The University of California may use moneys appropriated pursuant to subdivision (a) for capital outlay projects, as defined in subdivision (b) of Section 92494, only if, for any affected project, facility, building, or other property, the University of California complies with the requirements of subdivision (d) of Section 92495. (e) Commencing July 1, 2023, the University of California shall submit an annual report to the Legislature, pursuant to Section 9795 of the Government Code, and the Department of Finance on the amount of moneys allocated pursuant to subdivision (a) to the University of California, Riverside, and the University of California, Merced, how these funds were used, and outcomes resulting from the use of these funds. (Added by Stats. 2022, Ch. 526, Sec. 2. (AB 2046) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92200. Source version: id_0804bdb6-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. (a) In compliance with the process described in subdivision (c), the law college founded in the City of San Francisco in 1878 shall be designated as the College of the Law, San Francisco. (b) As requested by the Legislature, the college engaged in a consultative process with the Round Valley Indian Tribes, a federally recognized tribal government, and its designees of the Yuki Indian Committee. (c) (1) A name change shall require all of the following: (A) The Legislature requests that the Board of Directors of the law college founded in the City of San Francisco in 1878 engage in consultation with representatives of the Round Valley Indian Tribes, a federally recognized tribal government, and its designees of the Yuki Indian Committee. (B) That full consultation with the Round Valley Indian Tribes, a federally recognized tribal government, and its designees of the Yuki Indian Committee approved by the Round Valley Tribes, has concluded. (C) The Legislature requests that the Board of Directors of the college vote on replacement name names for the college. The Legislature requests that this vote be pursuant to consultation described in this subdivision. The Legislature requests that the Board of Directors of the college include the final vote in its minutes for the meeting in which the final vote occurs. (D) After the board approves the replacement name pursuant to subparagraph (C), the Legislature requests that the Board of Directors of the college make a final recommendation to the Legislature. (2) For purposes of this subdivision, “consultation” means the same as that term is defined in Section 65352.4 of the Government Code. (d) The amendments to this section by the act that added this subdivision shall only become operative if funds are appropriated in the Budget Act of 2022 to the College of the Law, San Francisco for the purpose of designating a name for the law college founded in the City of San Francisco in 1878. (e) The Legislature requests the Board of Directors of the college to adopt all of the following: (1) Name the college’s campus library with an appropriate Yuki name or name determined by the Round Valley Indian Tribes. (2) Ensure that the reading of an annual statement of the history of atrocities committed by S.C. Hastings against the Yuki people occurs at the start of both the convocation and commencement ceremonies, the college’s two signature annual ceremonies. (3) Reengage in consultation with the Round Valley Indian Tribes if there is a change in the geographical name of the location of the college. (4) Develop opportunities for collaboration between the college’s Moot Court and Trial Advocacy and Competition Groups programs with students of the Round Valley Indian Tribes to provide experience in debate and writing skills. (5) Institute a moot court competition related to California’s treatment of Native Americans and atrocities committed against them. (Amended by Stats. 2022, Ch. 478, Sec. 20. (AB 1936) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92201. Source version: id_006cb6f7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. The college is affiliated with the University of California, and is the law department thereof. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92202. Source version: id_006cb6f9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. The college shall afford facilities for the acquisition of legal learning in all branches of the law. To this end it shall establish a curriculum of studies and shall matriculate students who reside at the University of California or elsewhere in the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92203. Source version: id_006e3d9b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. The faculty of the University of California shall grant, and the president shall sign and issue, diplomas to the students of the college. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92204. Source version: id_0b87a2e8-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. (a) The business of the college, which includes the power to incur indebtedness, shall be managed by the board of directors. A majority of directors then in office shall constitute a quorum for the transaction of all business. The directors shall serve without compensation. (b) (1) Directors shall serve 12-year terms. (2) Notwithstanding paragraph (1), any director in office on January 1, 2023, who was not appointed by the Governor shall be limited to a six-year term from January 1, 2023, to January 1, 2029, inclusive. (Amended by Stats. 2022, Ch. 478, Sec. 21. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92205. Source version: id_0f07a1ea-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. In the investment and management of endowment funds and properties under its jurisdiction, the Board of Directors of the college shall comply, to the extent practicable, with the endowment investment and management policies of the Regents of the University of California. Any variance from the endowment investment and management policies of the regents shall be presented to, and reviewed by, the board, which shall adopt a resolution specifying the reasons for the variance. In addition, the board shall comply with all of the following requirements: (a) The use of funds shall be in accordance with the terms specified by the donor. (b) Before the delegation of any authority to engage in making investments, reallocations, or reinvestments of endowment funds on its behalf, the board shall seek and review the written opinion of the general counsel regarding the propriety of the proposed action under the endowment investment and management policies of the Regents of the University of California then in effect. (c) “Endowment fund” means a fund derived from a gift, bequest, or grant, the terms of which stipulate that the fund principal remain inviolate and that only the income may be expended. (d) Annual audits shall be conducted by a certified public accountant firm in accordance with generally accepted auditing standards established by the American Institute of Certified Public Accountants. (Amended by Stats. 2022, Ch. 478, Sec. 22. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92205.5. Source version: id_127ec74c-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. It is the intent of the Legislature that the Regents of the University of California provide for a review of the annual audits conducted pursuant to subdivision (d) of Section 92205 and annually report any violations revealed by these audits to the Board of Directors of the college to the appropriate fiscal and policy committees of the Legislature, and to the Legislative Analyst. (Amended by Stats. 2022, Ch. 478, Sec. 23. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92206. Source version: id_1643495e-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. Vacancies occurring in the board of directors shall be filled by the Governor and approved by the Senate, a majority of the membership concurring. (Amended by Stats. 2022, Ch. 478, Sec. 24. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92207. Source version: id_006fc445-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. The officers of the college are a dean, a registrar, and 11 directors. The dean and registrar shall be appointed by, and may be removed by the board of directors. (Amended by Stats. 1980, Ch. 1155, Sec. 31.9.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92209. Source version: id_006fc447-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. The dean of the college is ex officio a member of the faculty of the University of California. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92210. Source version: id_006fc449-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. Professorships may be established in the name of any founder who pays to the college the sum of one hundred thousand dollars ($100,000) or such greater sum as may be determined by the directors. (Amended by Stats. 1980, Ch. 1155, Sec. 31.11.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92211. Source version: id_006fc44b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. The sum of 7 percent per annum upon one hundred thousand dollars ($100,000) shall be appropriated annually by the state and shall be paid in semiannual payments to the directors of the college. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92212. Source version: id_006fc44d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. If the state fails to pay to the directors of the college the sum of seven thousand dollars ($7,000) annually, pursuant to Section 92211, or if the college ceases to exist, the state shall pay to the heirs or legal representatives of S. C. Hastings, the sum of one hundred thousand dollars ($100,000), and all unexpended accumulated interest, unless the failure is caused by mistake or accident, or the omission of the Legislature to make the appropriation at any one session. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92213. Source version: id_006fc44f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. All courses by the college at Sacramento shall be deemed to be given at the site of the college in San Francisco. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92214. Source version: id_19bf9ee0-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. The Director of General Services shall transfer the property located at 55 and 75 Hyde Street in the City and County of San Francisco to the University of California to be used for the benefit of the college for school purposes. The university shall have the power to sell or lease the property to a nonprofit corporation in order to provide housing facilities for the students, faculty, and employees of the college. If such property is sold, it shall be sold for its fair market value, with such valuation approved by the Department of Finance, and the proceeds of the sale shall be deposited in the General Fund. If such property is leased, the proceeds of the lease shall be deposited in the General Fund. (Amended by Stats. 2022, Ch. 478, Sec. 25. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 3. Special Colleges [92200 - 92215] ARTICLE 1. A Law College Affiliated with the University of California [92200 - 92215] SECTION 92215. Source version: id_1d378792-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=3.&article=1. The power to incur indebtedness pursuant to Section 92204 shall include, but is not limited to, the power to issue revenue bonds in the name of the Board of Directors of the college and as obligations of the Board of Directors of the college. Revenue bonds may be issued pursuant to the provisions of Chapter 5 (commencing with Section 92400) of Part 57 and, for such purposes, the Board of Directors of the college shall have the same powers to issue revenue bonds for the benefit of the college as are conferred upon the Regents of the University of California for the benefit of the University of California by Chapter 5 (commencing with Section 92400) of Part 57, and shall be subject to the limitations imposed therein. Any such bonds issued for the benefit of the Hastings College of the Law, before January 1, 2023, shall be issued in the name of Hastings College of the Law without using the name of the University of California. Any such bonds issued for the benefit of the college, on or after January 1, 2023, shall be issued in the name of the college. (Amended by Stats. 2022, Ch. 478, Sec. 26. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 4. Child Development Centers [92300 - 92303] SECTION 92300. Source version: id_a13c25f0-8d08-11db-b6c4-96f4582ffab1 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=4.&article= (a) The Regents of the University of California and any other public or private nonprofit agency may contract with the State Department of Education to establish and maintain a child development center on or near each campus of the university pursuant to Chapter 2 (commencing with Section 8200) of Part 6. (b) Operating agencies may accept student fees, parent fees, and private funds to operate campus child development centers, and may be reimbursed for costs that are eligible pursuant to Section 8208. (Amended by Stats. 2006, Ch. 538, Sec. 143. Effective January 1, 2007.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 4. Child Development Centers [92300 - 92303] SECTION 92301. Source version: id_00714af9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=4.&article= Nothing in this chapter shall be construed to permit the regents to expend state funds appropriated for support of the University of California for the direct operating costs of campus child development centers. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 4. Child Development Centers [92300 - 92303] SECTION 92302. Source version: id_0072d19b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=4.&article= Notwithstanding any other provision of law, children under two years of age whose parent or parents are students may attend child development centers consistent with the priorities established within this division. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 4. Child Development Centers [92300 - 92303] SECTION 92303. Source version: id_0072d19d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=4.&article= Children of students of that particular campus shall have first priority for attendance at a campus child development center. Each campus child development center maintained pursuant to Section 92300 shall have an advisory council composed of representatives of the parent-users and persons from fields related to the well-being of children. Student families, as defined in Section 8250.1, whose gross monthly income falls within the fee schedule established pursuant to Section 8249 shall pay fees according to the fee schedule. Highest priority shall be given to student families with the greatest income deficit, and lowest priority to student families with the greatest income. For the purposes of assigning eligibility priority, applicant student families shall be grouped according to the amount of their income in one-hundred-dollar ($100) monthly increments. All student families within a particular income range shall be treated as if their incomes were the same, and priority for eligibility within each particular income range shall be assigned on the following basis: (1) Single-parent student families. (2) Two-parent families, where both parents are students or where one parent is a student and the other is working. Student families who are recipients of public assistance shall be subject to the same assignment of priority as other student families whose incomes fall in the same income range. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92400. Source version: id_0072d1a3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. This chapter may be cited as “the University of California Dormitory Revenue Bond Act of 1947.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92401. Source version: id_00745845-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. Wherever used or referred to in this chapter, or in any indenture entered into pursuant to this chapter, the definitions set forth in this article govern the construction of this chapter, unless a different meaning appears from the context. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92402. Source version: id_00745847-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. “Bonds” or “revenue bonds” means the written evidence of any obligation issued by the regents, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this chapter, in order to obtain funds with which to carry out the purposes of this chapter, irrespective of the form of such obligation. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92403. Source version: id_00745849-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. “Holder of bonds” or “bondholder” or any similar term means any person who shall be the bearer of any outstanding revenue bond or bond registered to bearer or not registered or the registered owner of any such outstanding revenue bond or bond which shall at the time be registered other than to bearer. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92404. Source version: id_0074584b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. “Indenture” means an agreement entered into by the regents pursuant to which revenue bonds are issued regardless of whether such agreement is expressed in the form of a resolution of the regents or by other instrument. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92405. Source version: id_0075deed-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. “Person” includes any individual, firm, corporation, association, copartnership, trust, business trust, or receiver or trustee or conservator for any individual or any such entity. It does not, however, include the state or any public corporation, political subdivision, city, county, district, or any agency of any such entity or of the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92406. Source version: id_0075deef-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. “Project” means any one or more dormitories, other housing facilities, boarding facilities, student union facilities, vehicle parking facilities, or any other auxiliary or supplementary facilities for individual or group accommodation, owned or operated, or authorized to be acquired, constructed, furnished, equipped, and operated, by the regents for use by students, faculty members, or employees of the University of California, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the regents as a project in providing for the issuance of revenue bonds. The term “project” also includes any one or more hospitals, clinics, medical and nursing facilities, and related facilities, including professional office buildings, parking facilities, and other facilities which the regents may deem necessary or convenient for the operation of a hospital or medical center, or incidental to a hospital or medical center, designated by the regents as a project in providing for the issuance of revenue bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92407. Source version: id_0075def1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. “Regents” means the existing corporation known as “the Regents of the University of California,” as such corporation is constituted by the provisions of Section 9 of Article IX of the Constitution. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92408. Source version: id_0075def3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. “Revenues” means and includes any and all fees, rates, rentals, and other charges received or receivable in connection with, and any and all other incomes and receipts of whatever kind and character derived by, the regents from the operation of a project or arising from a project, including any such revenue as may have been or may be impounded or deposited in any sinking fund, redemption or reserve fund, or other fund created for the security of revenue bonds or for the purpose of providing for the payment of revenue bonds or the interest on revenue bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92409. Source version: id_0075def5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. “University of California” means the public trust created by Section 9 of Article IX of the Constitution, and each and all of the campuses of the university within the state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92410. Source version: id_0075def7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. The provisions of this chapter shall be liberally construed to carry out the objectives and purposes and the declared policy of the state expressed in this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 1. General Provisions [92400 - 92411] SECTION 92411. Source version: id_4fc67dd6-fda9-11ea-9430-f75d521b10d0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=1. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2020, Ch. 110, Sec. 30. (SB 820) Effective September 18, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92430. Source version: id_0077659b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. In addition to, and in amplification of, all other powers conferred upon the regents by the Constitution or by any statute of this state, the regents shall have all of the powers set forth in this article. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92431. Source version: id_0077659d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may acquire by grant, purchase, gift, devise, lease, or by the exercise of the right of eminent domain, and may hold, use, sell, lease, or dispose of any real or personal property necessary for the full exercise or convenient or useful for the carrying on of any of its powers pursuant to this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92432. Source version: id_0077659f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may construct, own, operate, and control any project. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92433. Source version: id_007765a1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may fix rates, rents, or other charges for the use of any facilities acquired, constructed, equipped, furnished, operated, or maintained by the regents, or for services rendered in connection with such facilities, and may alter, change, or modify such rates, rents, or other charges at its pleasure, subject to any contractual obligation which may be entered into by the regents with respect to the fixing of such rates, rents, or charges. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92434. Source version: id_007765a3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may enter into covenants to increase rates or charges from time to time as may be necessary pursuant to any contract or agreement with the holders of any bonds of the regents. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92435. Source version: id_007765a5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may at any time and from time to time issue revenue bonds in order to raise funds for the purpose of establishing any project or of acquiring lands for any project, or of acquiring, constructing, improving, equipping, or furnishing any project, or of refinancing any project, or for any combination of such purposes, which bonds may be secured as provided in this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92436. Source version: id_0078ec47-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may contract with any department or agency of the United States or of this state upon such terms and conditions as the regents find are for the best interests of the university. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92437. Source version: id_0078ec49-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may make contracts, leases, and agreements with any person or public corporation, political subdivision, city, county, district, or any agency of any person or such entity and may generally perform all acts necessary for the full exercise of the powers vested in the regents. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92438. Source version: id_0078ec4b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may sell, lease, convey, or otherwise dispose of any of its rights, interest, or properties, subject to any contractual obligation which may be entered into by the regents with respect to the issuance of revenue bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92439. Source version: id_0078ec4d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may exercise the right of eminent domain for the condemnation of private property, or of any right or interest in private property. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92440. Source version: id_0078ec4f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may adopt such rules and regulations as may be necessary to enable the regents to exercise the powers and to perform the duties conferred or imposed upon the regents by this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92440.5. Source version: id_0078ec51-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. (a) Notwithstanding any other provision of law, to the extent that the regents adopt or amend a rule or regulation pertaining to the governance and maintenance of the buildings and grounds of the University of California pursuant to this section, addressing the conduct of persons who are not students, officers, or employees of the University of California when that conduct is a threat to persons or property or constitutes interference with functions or activities of the university, the violation of that rule or regulation is a misdemeanor. (b) (1) A proposed rule or regulation subject to this section shall be reviewed by the regents’ office of general counsel for necessity, authority, clarity, consistency, reference, and nonduplication. The office of general counsel may recommend to the regents any action it deems appropriate concerning the proposed rule or regulation. (2) For purposes of paragraph (1), “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication” have the same meaning as those words are defined by Section 11349 of the Government Code. (c) Notice of the proposed rule or regulation described in this section shall be available to the public in electronic format and shall be published at least 45 days prior to a public hearing in a newspaper of general circulation in each county in which the regents maintain a campus. The notice shall include the right of the public to comment orally or in writing on the proposed rule or regulation either prior to or during the public hearing. (d) The public shall be provided the opportunity to comment on the proposed rule or regulation at that public hearing. (e) The regents shall maintain a rulemaking file containing the public notice, public comments, and minutes of the public hearing, including the action taken. (f) The rulemaking file maintained pursuant to subdivision (e) shall contain a summary of each objection or recommendation made with an explanation of how the proposed rule or regulation was changed to accommodate each objection or recommendation, or the reason or reasons for making no change. (g) The proposed rule or regulation shall be accompanied by an estimate of the effect of the proposed rule or regulation with regard to the costs or savings to the regents, other state or local agency, or any combination. (h) The regents shall transmit the rule or regulation, as adopted, to the Secretary of State for filing, and, upon publication in the California Code of Regulations, a violation of the rule or regulation is a misdemeanor. (i) This section may not be utilized to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or the constitutionally protected right of personal privacy. (Added by Stats. 2002, Ch. 376, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92441. Source version: id_007a72f3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents have full charge of the acquisition, construction, and completion of all projects authorized by the regents and may proceed with such work forthwith. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92442. Source version: id_007a72f5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may construct any project and acquire all property necessary for a project in such manner and at such location and on such terms and conditions as the regents deem advisable. A project may, but need not, be constructed or acquired on any campus and may be constructed or acquired at any location deemed by the regents advisable for the accomplishment of the purposes of this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92443. Source version: id_007a72f7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. Title to all property acquired by the regents, and the revenues and income from such property, is in the regents. The title to any moneys, revenues, sinking funds, reserve funds, and other funds of the regents and the income from such moneys, revenues, and funds pledged to the payment of the principal or interest or any bonds issued thereunder is subject to trusts declared in favor of the bondholders. All such property, including such property and facilities belonging to the college affiliated with the University of California pursuant to Section 92201, and the income from such property are exempt from all taxation by the state or by any county, city and county, city, district, political subdivision, or public corporation of any such entity. The management, operation, and control of all improvements acquired, constructed, or completed by the regents are vested in the regents. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92444. Source version: id_007a72f9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. At all times the operation, maintenance, control, repair, construction, reconstruction, alteration, and improvement of any project are vested in the regents. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92445. Source version: id_007a72fb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may use for the payment of the costs of acquisition, construction, or completion of any project any funds made available to the regents by the state or any other funds provided by the regents from any source, to be expended for the accomplishing of the purposes set forth in this chapter, together with the proceeds of revenue bonds issued and sold by the regents. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92446. Source version: id_007a72fd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may insure against loss of revenues from any cause whatsoever and the proceeds of any such insurance shall be used solely for the payment of bonds and the interest on the bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92447. Source version: id_007bf99f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may insure against public liability or property damage and against loss by fire or other hazards. The regents may provide in an indenture for the carrying of such insurance, or any other insurance, in such amount and of such character as it shall determine, and for the payment of the premiums on such insurance. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92448. Source version: id_007bf9a1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents may authorize any officer or officers of the regents to prepare and procure the printing or engrossing of bonds, coupons, indentures, or other instruments and contracts or agreements of every kind required or convenient for, or pertaining to, the issuance or sale of bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92449. Source version: id_007bf9a3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. The regents shall fix rents, charges, and fees for all projects acquired, constructed, or completed under the terms of this chapter for the use of such projects by any persons utilizing the facilities of such projects, subject to such contractual obligations as may be entered into by the regents and the holders of bonds issued pursuant to this chapter. The regents may change rents, charges, and fees from time to time, as conditions warrant. All rents, charges, and fees shall at all times be fixed to yield annual revenue equal to annual operating and maintenance expenses, including repairs and insurance costs and all redemption payments and interest charges and reserve fund requirements on revenue bonds at any time issued and outstanding pursuant to this chapter, as they become due. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 2. Powers of Regents [92430 - 92450] SECTION 92450. Source version: id_007bf9a5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=2. Nothing in this article or elsewhere in this chapter shall be construed directly or by implication to be in any way in derogation of, or in limitation of, powers conferred upon, or existing in, the regents by virtue of provisions of the Constitution or statutes of this state. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92470. Source version: id_007d8049-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents shall issue revenue bonds in the name of the regents and as obligations of the regents, but neither the principal of, nor interest on, any bond issued or sold pursuant to this chapter shall be or become a lien, charge, or liability against this state or against the regents or against the property or funds of either, except to the extent of the pledge of revenues or part of revenues of the project, as may be provided by the indenture pursuant to which revenue bonds are issued, and every such bond issued by the regents shall contain a recital on its face, substantially as follows: “This bond is not a lien, charge, or liability, as to either principal or interest, against the State of California or against the Regents of the University of California or against the property or funds of either, except to the extent of the pledge of revenues or part of revenues, as provided by the indenture pursuant to which it is issued.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92471. Source version: id_007d804b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents shall determine the time, form, and manner of the issuance of revenue bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92472. Source version: id_007d804d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The validity of the authorization and issuance of any revenue bonds by the regents is not dependent on nor affected in any way by any of the following: (a) Proceedings taken by the regents for the acquisition, construction, or completion of any project or any part of any project. (b) Any contracts made by the regents in connection with the acquisition, construction, or completion of any project. (c) The failure to complete any project for which bonds are authorized to be issued. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92473. Source version: id_007d804f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Before issuing any bond or bonds pursuant to this chapter, the regents shall by resolution declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for such purpose. Bonds shall not be issued or sold for such purpose in an amount exceeding the maximum specified in such resolution except with the consent of bondholders, pursuant to amendment or modification of an indenture, as provided in Sections 92528 and 92529. Nothing in this section shall be construed to prevent the regents from amending any such resolution prior to the issuance of bonds authorized thereby to increase or decrease the maximum amount of bonds to be issued or sold. The issuance of bonds for one or more projects may be included in a single resolution of authorization. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92474. Source version: id_007d8051-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents may provide for one or several issues of bonds and may issue bonds in series or may divide any issue into one or more divisions and fix different maturities or dates of such bonds, different rates of interest, or prescribe different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security, or be of the same interest rate, but the terms of such bonds shall in each case be provided for by the regents, at or prior to the issue of the bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92475. Source version: id_007f06f3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Bonds may be issued as coupon bonds or as registered bonds. The regents may provide for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that the bonds shall be registered as to principal only, or as to both principal and interest, or otherwise as the regents may determine. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92476. Source version: id_007f06f5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Bonds shall bear interest at a rate of not to exceed 12 percent per annum, payable annually or semiannually, or in part annually and in part semiannually. (Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 11.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92477. Source version: id_007f06f7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Bonds may be callable upon such terms, conditions, and upon such notice as the regents may determine, and upon the payment of such premium as may be fixed by the regents in the proceedings for the issuance of the bonds. No bond is subject to call or redemption prior to its fixed maturity date unless the right to exercise such call is expressly stated on the face of the bond. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92478. Source version: id_007f06f9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents may provide for the payment of the principal and interest of bonds at any place within or without the state, and in specified coin or currency of the United States. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92479. Source version: id_007f06fb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents may provide for the execution and authentication of bonds by the manual, lithographed, or printed facsimile signature of officers of the regents and by additional authentication by a trustee or fiscal agent appointed by the regents. If any of the officers whose signatures or countersignatures appear upon the bonds or coupons cease to be officers before the delivery of the bonds or coupons, their signatures or countersignatures are nevertheless valid and of the same force and effect as if the officers had remained in office until the delivery of the bonds and coupons. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92480. Source version: id_007f06fd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Bonds shall bear dates prescribed by the regents. Bonds may be serial bonds or sinking fund bonds with such maturities as the regents may determine. No bond by its terms shall mature in more than 50 years from its own date and, in the event any authorized issue is divided into two or more series or divisions, the maximum maturity date authorized in this section shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92481. Source version: id_007f06ff-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Bonds may be sold at either public or private sale. The regents may fix terms and conditions for the sale or other disposition of any authorized issue of bonds. The regents may sell bonds at less than their par or face value, but no bond may be sold at a price below the par or face value of the bond which would result in a sale price yielding to the purchaser an average of more than 12 percent per annum, payable semiannually, according to standard tables of bond values. (Amended (as amended by Stats. 1984, Ch. 33) by Stats. 1989, Ch. 321, Sec. 13.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92482. Source version: id_00808da1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents may provide for the security of bonds. The regents may use and expend all or any part of any funds or proceeds of any property owned by it, whether received by gift, appropriation or otherwise, if not restricted as to the use of such funds or proceeds of property by the terms of any gift or trust or provision of law, for the redemption of bonds issued pursuant to this chapter and the payment of interest due on the bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92483. Source version: id_00808da3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. All costs and expenses incident to the issuance and sale of bonds may be paid out of the proceeds of the sale of the bonds. Interest on bonds may be paid out of the proceeds of the sale of the bonds during the actual construction of any project for the acquisition, construction, or completion of which the bonds have been issued, and for a period of not to exceed two years after the completion of the actual construction of the project as provided for in the indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92484. Source version: id_00808da5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents may provide that the bonds and the interest on the bonds shall be secured by all or by part of revenues of a project upon the basis of which revenue bonds are issued or authorized to be issued, and shall constitute such lien upon the revenues of such project as may be provided for in the indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92485. Source version: id_00808da7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Pending the actual issuance or delivery of revenue bonds, the regents may issue temporary or interim bonds, certificates, or receipts of any denominations whatsoever, and with or without coupons, to be exchanged for definitive bonds when ready for delivery. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92486. Source version: id_00821449-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents may provide for the replacement of lost, destroyed, or mutilated bonds, or coupons. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92487. Source version: id_0082144b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Bonds issued pursuant to this chapter and the interest or income from such bonds, are exempt from all taxation in this state other than gift, inheritance, and estate taxes. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92488. Source version: id_0082144d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents may designate a bank or trust company, qualified to do business in this state, as a trustee for the regents and the holders of bonds issued pursuant to this chapter, and may authorize the trustee to act on behalf of the holders of the bonds, or any stated percentage of the bonds, and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92489. Source version: id_0082144f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The regents may fix and determine the conditions upon which any trustee shall receive, hold, or disburse any or all revenues deposited with it by or by authority of the regents. The regents shall prescribe the duties and powers of any such trustee with respect to the issuance, authentication, sale, and delivery of the bonds and the payment of principal of, and interest on, the bonds, the redemption of the bonds, the registration and discharge from registration of the bonds, and the management of any sinking fund or other funds provided as security for the bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92490. Source version: id_00821451-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. All bonds issued pursuant to this chapter are negotiable instruments, except when registered in the name of a registered owner. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92491. Source version: id_00821453-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Except as provided otherwise in any indenture, the holder of any bond issued pursuant to this chapter may, by mandamus or other appropriate proceeding, require and compel the performance of any of the duties imposed upon the regents or upon any official or employee or assumed by the regents or any official or employee, in connection with the acquisition, construction, operation, maintenance, repair, reconstruction, or insurance of any project, or the collection, deposit, investment, application, and disbursement of rents, rates, charges, fees, and all other revenues derived from the operation and use of any project or in connection with the deposit, investment, and disbursement of the proceeds received from the sale of bonds pursuant to this chapter. The enumeration of such rights and remedies does not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds issued pursuant to this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92492. Source version: id_00839af5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Notwithstanding any other provision of law, all bonds sold and delivered pursuant to this chapter are legal investments for all trust funds and for the funds of all insurance companies, banks, both commercial and savings, trust companies, the state school funds, and any public or private funds which may be invested in county, municipal, or school district bonds, and may be deposited as security for the performance of any act whenever the bonds of any county, municipality, or school district may be so deposited, and may also be used as security for the deposit of public moneys in banks and savings and loan associations of this state. (Amended by Stats. 1977, Ch. 36.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92493. Source version: id_1f223b99-61a3-11e7-8adc-8aa4aa845353 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. (a) (1) The University of California may pledge, along with its other revenues, its annual General Fund support appropriation less the amount of that appropriation that is required to fund general obligation bond payments and the State Public Works Board rental payments, to secure the payment of any of the university’s general revenue bonds or commercial paper associated with the general revenue bond program and to secure payment for any availability payments, lease payments, installment payments, and other similar or related payments. (2) To the extent the university pledges any part of its support appropriation as a source of revenue securing any obligation, it shall provide that this commitment of revenue is subject to annual appropriation by the Legislature. (3) The university may fund debt service for capital expenditures defined in subdivision (b), and make availability payments, lease payments, installment payments, and other similar or related payments for capital expenditures defined in subdivision (b), from its General Fund support appropriation pursuant to Sections 92495 and 92495.5. (4) The state hereby covenants with the holders of the university’s obligations secured by the pledge of the university permitted by this section that, so long as any of the obligations referred to in this subdivision remain outstanding, the state will not impair or restrict the ability of the university to pledge any support appropriation or support appropriations that may be enacted for the university. The university may include this covenant of the state in the agreements or other documents underlying the university’s obligations to this effect. (b) For purposes of this section, the following definitions shall apply: (1) “Availability payments” are payments made by the university to a contractor for providing an available facility. (2) “Capital expenditures” means any of the following: (A) The costs to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs. (B) The debt service amount associated with refunding, defeasing, or retiring State Public Works Board lease revenue bonds. (C) The costs to design, construct, or equip energy conservation projects. (D) The costs of deferred maintenance of academic facilities and related infrastructure. (c) Nothing in this section shall require the Legislature to make an appropriation from the General Fund in any specific amount to support the University of California. (d) The ability to utilize its support appropriation as stated in this section shall not be used as a justification for future increases in student tuition, additional employee layoffs, or reductions in employee compensation at the University of California. (Amended by Stats. 2017, Ch. 23, Sec. 17. (SB 85) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92494. Source version: id_ada05ce8-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. (a) The University of California may fund pay-as-you-go capital outlay projects from its General Fund support appropriation pursuant to Sections 92495 and 92495.5. (b) For purposes of this section, “capital outlay project” means both of the following: (1) The costs to design, construct, or equip academic facilities to address seismic and life safety needs, enrollment growth, or modernization of out-of-date facilities, and renewal or expansion of infrastructure to serve academic programs. (2) The costs to design, construct, or equip energy conservation projects. (Amended by Stats. 2014, Ch. 34, Sec. 27. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92495. Source version: id_de38e73c-fdaa-11ea-9430-f75d521b10d0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. (a) (1) Commencing with the 2013–14 fiscal year and for each fiscal year thereafter, if the University of California plans to use any of its support appropriation in the annual budget for the subsequent fiscal year for capital expenditures pursuant to Section 92493, as defined in subparagraph (A) or (D) of paragraph (2) of subdivision (b) of that section, or for capital outlay projects pursuant to Section 92494, as defined in paragraph (1) of subdivision (b) of that section, it shall simultaneously submit, on or before September 1, 10 months before the commencement of that fiscal year, a report to the committees in each house of the Legislature that consider the annual state budget, the budget subcommittees in each house of the Legislature that consider appropriations for the University of California, and the Department of Finance. (2) The report shall detail the scope of capital expenditures or capital outlay projects and how the capital expenditures or capital outlay projects will be funded, and it shall provide the same level of detail as a capital outlay budget change proposal. The certifications required by subdivision (e) shall be attached to the report. (3) The Department of Finance shall review the report and submit, by February 1, a list of preliminarily approved capital expenditures and capital outlay projects, including the certifications required by subdivision (e) for each applicable expenditure and project, to the committees in each house of the Legislature that consider the annual state budget and the budget subcommittees in each house of the Legislature that consider appropriations for the University of California. These committees may review and respond to the list of preliminarily approved capital expenditures and capital outlay projects before April 1. (4) The Department of Finance shall submit a final list of approved capital expenditures and capital outlay projects to the University of California no earlier than April 1, three months before the commencement of the fiscal year of the planned expenditures. (b) The Department of Finance may approve capital expenditures defined in subparagraph (C) of paragraph (2) of subdivision (b) of Section 92493, or capital outlay projects defined in paragraph (2) of subdivision (b) of Section 92494, no sooner than 30 days after submitting, in writing, a list of capital expenditures and capital outlay projects being considered for approval, with the applicable certifications required by subdivision (e), to the chairpersons of the committees in each house of the Legislature that consider appropriations, the chairpersons of the committees and the appropriate subcommittees in each house of the Legislature that consider the State Budget, and the Chairperson of the Joint Legislative Budget Committee. (c) The University of California shall not use its General Fund support appropriation to fund a capital expenditure defined in subparagraph (A), (C), or (D) of paragraph (2) of subdivision (b) of Section 92493, or capital outlay project defined in subdivision (b) of Section 92494, before receiving approval from the Department of Finance pursuant to this section. (d) (1) The University of California may proceed with capital expenditures pursuant to Section 92493, as defined in paragraph (2) of subdivision (b) of that section, or capital outlay projects pursuant to Section 92494, only if all work traditionally performed by persons with University of California Service Unit (SX) job classifications is performed only by employees of the University of California. This paragraph shall become inoperative on January 1, 2021. (2) Commencing January 1, 2021, the University of California may proceed with capital expenditures, as defined in subparagraph (A), (C), or (D) of paragraph (2) of subdivision (b) of Section 92493, or capital outlay projects defined in subdivision (b) of Section 92494, only upon certification that during the subsequent fiscal year and at all times thereafter, all cleaning, maintenance, groundskeeping, food service, or other work traditionally performed by persons with University of California Service Unit (SX) job classifications, shall be performed only by employees of the University of California at each beneficially affected facility, building, or other property. (3) This subdivision does not apply to, and shall not restrict the performance of, work done under contract and paid for in whole or in part out of public funds, when the work is either of the following: (A) Construction, alteration, demolition, installation, or repair work, including work performed during the design, preconstruction, and postconstruction phases of construction. (B) Carpentry, electrical, plumbing, glazing, painting, and other craft work designed to preserve, protect, or keep any publicly owned facility in a safe and continuously usable condition, including repairs, cleaning, and other operations on machinery and other equipment permanently attached to the building or real property as fixtures. (e) Commencing with the 2021–22 fiscal year, and for each fiscal year thereafter, the Department of Finance shall approve each new and ongoing capital expenditure defined in subparagraph (A), (C), or (D) of paragraph (2) of subdivision (b) of Section 92493, and each capital outlay project defined in subdivision (b) of Section 92494, only after the University of California has demonstrated ongoing and continuous compliance with subdivisions (c) and (d). For each capital expenditure and each capital outlay project, a demonstration of compliance shall include a certification of compliance with subdivision (d) signed by the President of the University of California, or their duly authorized designee, indicating that, at each facility, building, or other property that will benefit from state funding for a capital expenditure or capital outlay project, both of the following occur: (1) All work specified in subdivision (d) will be performed exclusively by University of California employees. (2) Either of the following: (A) All work described in subdivision (d) has been performed exclusively by University of California employees at all times since the University of California received state funding for a capital expenditure or capital outlay project after January 1, 2017. (B) The University of California shall provide a written report detailing any noncompliance with subdivision (c) or (d), specifying how many contract workers performed work at each site, for what periods of time, and what the University of California has done to remedy the noncompliance, and, on or before February 1 of each calendar year, shall certify to the satisfaction of the chairpersons of the budget committee of each house of the Legislature that it has maintained subsequent compliance with subdivisions (c) and (d). (f) Notwithstanding Section 10231.5 of the Government Code, commencing with the 2014–15 fiscal year, on or before February 1 of each fiscal year, the University of California shall simultaneously submit a progress report to the Joint Legislative Budget Committee and the Department of Finance detailing the scope, funding, and current status of all capital expenditures undertaken pursuant to Section 92493 and for all capital outlay projects undertaken pursuant to Section 92494. (g) All reporting, certification requirements, approval procedures, and other provisions of this section shall apply to all General Fund support appropriations for capital expenditures or capital outlay projects, regardless of whether those projects involve academic or nonacademic facilities. This subdivision does not authorize appropriations for capital expenditures or capital outlay projects for nonacademic facilities. (Amended by Stats. 2020, Ch. 110, Sec. 31. (SB 820) Effective September 18, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92495.5. Source version: id_1a5333d5-1ea7-11e5-97f0-93e7c3631028 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. The university shall manage its general revenue bond program and the payments referenced in Section 92493, in a manner so that not more than 15 percent of its General Fund support appropriation, less the amount of that appropriation that is required to fund general obligation bond payments and State Public Works Board rental payments, is used for the total of all of the following: (a) Payments for capital expenditures pursuant to Section 92493. (b) Pay-as-you-go capital outlay projects pursuant to Section 92494. (c) State Public Works Board rental payments. (Amended by Stats. 2015, Ch. 22, Sec. 24. (SB 81) Effective June 24, 2015.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92495.6. Source version: id_5e184148-fe30-11e3-a1fa-fa5822e98a89 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. Notwithstanding Sections 13332.11 and 13332.19 of the Government Code or any other law, the University of California may proceed with capital expenditures and capital outlay projects pursuant to Sections 92495 and 92495.5 without any further limitations or approvals, except those delineated in Sections 92495 and 92495.5. (Added by Stats. 2014, Ch. 34, Sec. 30. (SB 860) Effective June 20, 2014.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 3. Revenue Bonds [92470 - 92496] SECTION 92496. Source version: id_d49df903-e38e-11e2-89f8-85808f0e9104 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=3. If the university is able to reduce annual debt service costs by refunding, defeasing, or retiring general obligation bonds or State Public Works Board lease revenue bonds, as described in Section 92493, the university shall annually contribute an equal amount to reduce the existing unfunded liability of the University of California Retirement Plan. (Added by Stats. 2013, Ch. 50, Sec. 10. (AB 94) Effective July 1, 2013.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92510. Source version: id_00839af9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. The regents may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates, denominations, form, registration, transfer, and interchange of any revenue bonds and coupons issued pursuant to this chapter, and the terms and conditions on which the bonds shall be executed, issued, secured, sold, paid, redeemed, funded, and refunded. Reference on the face of the bonds to such indenture by its date of adoption, or the apparent date on the face thereof, is sufficient to incorporate all of the provisions of the indenture and of this chapter into the body of the bonds and their appurtenant coupons. Each taker and subsequent holder of the bonds or coupons, whether the coupons are attached to, or detached from, the bonds, has recourse to all of the provisions of the indentures and of this chapter, and is bound thereby. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92511. Source version: id_00839afb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture pursuant to which bonds are issued may include any and all such convenants and agreements on the part of the regents as the regents deems necessary or advisable for the better security of the bonds issued pursuant to the indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92512. Source version: id_00839afd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture shall provide the means by which payments of principal and interest of bonds shall be secured. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92513. Source version: id_0085219f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to pay or cause to be paid punctually the principal of all such bonds and the interest on such bonds on the date or dates, or at the place or places, and in the manner mentioned in such bonds and in the coupons appertaining to the bonds in accordance with such indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92514. Source version: id_008521a1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. The regents may include in an indenture such limitations as to competitive projects, both as to location and comparative rentals, as may be deemed necessary or desirable for the security of revenue bonds issued pursuant to this chapter. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92515. Source version: id_008521a3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. The regents may also include in an indenture a covenant that no project acquired, constructed, or completed from the proceeds of revenue bonds issued by the regents shall be used without charge for such use or that no facilities of any such project shall be furnished free of charge to any person. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92516. Source version: id_008521a5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause relating to the bonds issued pursuant to the indenture, requiring the regents to operate the project continuously, to the extent practicable under conditions as they may from time to time exist, in an efficient and economical manner. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92517. Source version: id_008521a7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause relating to the bonds issued pursuant to the indentures requiring the regents to make all necessary repairs, renewals, and replacements to any project, and to keep the project at all times in good repair, working order, and condition. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92518. Source version: id_008521a9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to preserve and protect the security of the bonds and the rights of the holders of the bonds and to warrant and defend such rights. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92519. Source version: id_0086a84b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to pay and discharge, or cause to be paid and discharged, all lawful claims for labor, materials, and supplies or other charges which, if unpaid, might become a lien or charge upon the revenues, or any part of the revenues, of any project acquired, constructed, or completed from the proceeds of the sale of the bonds, or upon any physicial properties, or which might impair the security of the bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92520. Source version: id_0086a84d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause relating to the bonds issued pursuant to the indenture which limits, restricts, or prohibits any right, power, or privilege of the regents to mortgage or otherwise encumber, sell, lease, or dispose of any improvements constructed from the proceeds of the bonds, or to enter into any lease or agreement which impairs or impedes the operation of a project, or any part of a project, necessary to secure adequate revenues or which otherwise impairs or impedes the rights of the holders of the bonds with respect to such revenues. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92521. Source version: id_0086a84f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to fix, prescribe, and collect rates, rentals, or other charges in connection with the services and facilities furnished from the project acquired, constructed, or purchased from part or all of the proceeds of the bonds, sufficient to pay the principal of, and interest on, the bonds as they become due and payable, together with such additional sums as may be required for any sinking fund, reserve fund, or other special fund provided for the further security of such bonds or as a depreciation charge or other charges in connection with such project. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92522. Source version: id_0086a851-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause relating to the bonds issued pursuant to the indenture requiring the regents to hold, or cause to be held, in trust the revenues, or any part of revenues, pledged to the payment of such bonds and the interest on such bonds, or to any reserve or other fund created for the further protection of the bonds, and to apply such revenues, or part of revenues, or cause them to be applied only as provided in the indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92523. Source version: id_0086a853-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause defining the power of the regents in applying the proceeds of the sale of any issue of bonds for the acquiring, constructing, or completing of any project or any part of any project. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92524. Source version: id_0086a855-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause limiting the power of the regents to issue additional bonds for the purpose of acquiring, constructing, or completing any project or any part of any project. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92525. Source version: id_00882ef7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause requiring, specifying, or limiting the kind, amount, and character of insurance to be maintained by the regents on any project, or any part of any project, and the use and disposition of the proceeds of any such insurance thereafter collected. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92526. Source version: id_00882ef9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause providing the events of default and the terms and conditions upon which any or all of the bonds of the regents then or thereafter issued may become or be declared due and payable prior to maturity, and the terms and conditions upon which such declaration and its consequences may be waived. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92527. Source version: id_00882efb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause designating the rights, limitations, powers, and duties arising upon breach by the regents of any of the covenants, conditions, or obligations contained in any indenture. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92528. Source version: id_00882efd-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause prescribing procedure by which the terms and conditions of the indenture may be subsequently amended or modified with the consent of the regents and the vote or written assent of the holders of a specified principal amount or specified proportion of the bonds issued and outstanding. Such clause may provide for meetings of bondholders and for the manner in which the consent of the bondholders may be given. The clause shall specifically state the effect of such amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining to the bonds, whether attached to the bonds or detached from the bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92529. Source version: id_00882eff-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. With respect to any clause providing for the modification or amendment of an indenture, the regents may agree that bonds held by the regents or by the state or any political subdivision of the state, including any public corporation, board, or agency of any class or kind, shall not be counted as outstanding bonds, or be entitled to vote or assent, but shall, nevertheless, be subject to any such modification or amendment. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92530. Source version: id_00882f01-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. An indenture may include a clause or clauses providing for such other acts and matters as may be necessary or convenient or desirable in order better to secure the bonds or to make the bonds more marketable. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92531. Source version: id_0089b5a3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. The regents may provide in an indenture that the proceeds from the sale of all revenue bonds authorized pursuant to this chapter shall be paid directly to any bank or trust company designated by the regents as the fiscal agent or depositary of the regents, to be held in a separate account to be designated the “construction fund” and to be disbursed in the manner and upon the conditions provided in the indenture for any of the following: (a) The acquisition, construction, and completion of the project, including the payment of the cost of all surveys, preparation of plans and specifications, and the payment of all architectural, engineering, legal, and administrative costs. (b) The payment of all costs and expenses of, and incident to, the issuance and sale of bonds. (c) The payment of interest due, or to become due, on the bonds during the period of actual construction, and for such further period as may be specified in the indenture for the issuance of the bonds not exceeding two years after the period of construction. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92532. Source version: id_0089b5a5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. Moneys in any construction fund may be invested as the regents in its sole discretion shall determine, subject only to such limitations as may be provided in an indenture providing for the issuance of revenue bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 4. Indentures [92510 - 92533] SECTION 92533. Source version: id_0089b5a7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=4. After all the revenue bonds shall have been fully paid and discharged, or provision for their payment and discharge irrevocably made, any surplus moneys in the construction fund shall, subject to the limitations and restrictions in any indenture providing for the issuance of the revenue bonds, become and be the property of the regents, and be used by the regents for any lawful purpose. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 5. Funding or Refunding Bonds [92570 - 92571] SECTION 92570. Source version: id_0089b5ab-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=5. The regents may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds issued by the regents. All provisions of this chapter applicable to the issuance of revenue bonds are applicable to the funding or refunding bonds and to the issuance, sale, or exchange of funding or refunding bonds. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 5. The University of California Revenue Bond Act of 1947 [92400 - 92571] ARTICLE 5. Funding or Refunding Bonds [92570 - 92571] SECTION 92571. Source version: id_0089b5ad-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=5.&article=5. Funding or refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds to be funded or refunded by such funding or refunding bonds, and in addition for the payment of all expenses incident to the calling, retiring, or paying of such outstanding bonds, and the issuance of such funding or refunding bonds. These expenses include the difference in amount between the par value of the funding or refunding bonds and any amount less than par for which the funding or refunding bonds are sold, any amount necessary to be made available for the payment of interest upon such funding or refunding bonds from the date of sale of the funding or refunding bonds to the date of payment of the bonds to be funded or refunded or to the date upon which the bonds to be funded or refunded will be paid pursuant to the call of the bonds to be funded or refunded or agreement with the holders of the bonds to be funded or refunded, and the premium, if any, necessary to be paid in order to call or retire the outstanding bonds and the interest accruing on the outstanding bonds to the date of the call or retirement. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 1. University of California Police [92600 - 92601] SECTION 92600. Source version: id_008cc2f3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=1. The Regents of the University of California are authorized and empowered to appoint one or more persons to be members of the University of California police department as such police department is constituted on September 19, 1947, or may thereafter be constituted. Persons employed and compensated as members of said police department, when so appointed and duly sworn, are peace officers; provided, that such officers shall not exercise their powers or authority except (a) upon the campuses of the University of California and an area within one mile of the exterior boundaries of each thereof, (b) in or about other grounds or properties owned, operated, controlled or administered by the Regents of the University of California, and (c) as provided in Section 830.2 of the Penal Code. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 1. University of California Police [92600 - 92601] SECTION 92601. Source version: id_008cc2f5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=1. Every member of the University of California police department shall be supplied with, and authorized to wear, a badge bearing the words “University of California Police.” (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 1.3. Office of the Chief Investment Officer [92603- 92603.] SECTION 92603. Source version: id_0718e46d-fcb2-11e8-bd10-077ff3712fb6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=1.3. (a) The regents are urged to direct their Office of the Chief Investment Officer (OCIO) to do all of the following: (1) Use reasonable efforts to encourage diversity, such as implementing a hiring strategy that requires that candidates from underrepresented groups be given full consideration whenever an OCIO position is to be filled. (2) Request partner firms it invests in use reasonable efforts to encourage diversity, such as implementing a hiring strategy that requires that candidates from underrepresented groups be given full consideration whenever a position is filled. (3) Launch an emerging manager program. The OCIO shall define the term “emerging manager” for the purpose of this section. (4) Encourage startup firms to increase efforts to develop diverse executive teams and to recruit diverse managerial talent, as applicable. (b) The OCIO shall submit a report to the chairs of the appropriate policy committees of each house of the Legislature, on or before January 1, 2020, describing its progress addressing the requirements of the regents set forth in subdivision (a). The report shall also include pertinent statistics setting forth the OCIO’s internal diversity metrics. The report required by this section shall comply with Section 9795 of the Government Code. (c) Nothing in this section shall require the regents or the OCIO to take action that is inconsistent with its fiduciary duties. (Added by Stats. 2018, Ch. 912, Sec. 2. (AB 2041) Effective January 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 1.5. Charles R. Drew/UCLA Undergraduate Medical Education Program [92605- 92605.] SECTION 92605. Source version: id_008cc2f9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=1.5. (a) The regents are hereby requested to consider, as a component of the University of California’s current systemwide medical education program assessment, the expansion of the Charles R. Drew/UCLA Undergraduate Medical Education Program. (b) The regents are further requested to submit, not later than June 30, 2003, a report summarizing their findings regarding the Charles R. Drew/UCLA Undergraduate Medical Education Program to the Governor, the Legislature, and the California Postsecondary Education Commission. (Added by Stats. 2002, Ch. 1140, Sec. 2. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2. Employees [92611 - 92612.3] SECTION 92611. Source version: id_008e499d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2. The minimum and maximum salary limits for laborers, workmen, and mechanics employed on an hourly or per diem basis need not be uniform throughout the state, but the regents shall ascertain, as to each such position, the general prevailing rate of such wages in the various localities of the state. In fixing such minimum and maximum salary limits within the various localities of the state, the regents shall take into account the prevailing rates of wages in the localities in which the employee is to work and other relevant factors, and shall not fix the minimum salary limits below the general prevailing rate so ascertained for the various localities. (Enacted by Stats. 1976, Ch. 1010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2. Employees [92611 - 92612.3] SECTION 92611.5. Source version: id_8c4d6db3-0c9b-11ea-912d-915c88c10a14 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2. (a) If the Regents of the University of California adopt the provisions of this section, by appropriate resolution, and subject to subdivision (c), the regents shall grant to an employee, who has exhausted all available sick leave, the following leaves of absence with pay: (1) A leave of absence, not exceeding 30 days in a one-year period, to an employee who is an organ donor, for the purpose of donating the employee’s organ to another person. (2) A leave of absence, not exceeding five days in a one-year period, to an employee who is a bone marrow donor, for the purpose of donating the employee’s bone marrow to another person. (b) If the Regents of the University of California adopt the provisions of this section, by appropriate resolution, and subject to subdivision (c), the regents shall grant an additional unpaid leave of absence, not exceeding 30 business days in a one-year period, to an employee who has exhausted all available sick leave and is an organ donor, for the purpose of donating the employee’s organ to another person. (c) To receive a leave of absence pursuant to subdivision (a) or (b), an employee shall provide written verification to the regents that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. (d) Any period of time during which an employee is required to be absent from the employee’s position by reason of being an organ or bone marrow donor is not a break in the employee’s continuous service for the purpose of the employee’s right to salary adjustments, sick leave, vacation, annual leave, or seniority. (e) If an employee is unable to return to work beyond the time or period that the employee is granted leave pursuant to this section, the employee shall be paid any vacation balance, annual leave balance, or accumulated compensable overtime. The payment shall be computed by projecting the accumulated time on a calendar basis as though the employee was taking time off. If, during the period of projection, the employee is able to return to work, the employee shall be returned to the employee’s former position. (f) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that, if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 2019, Ch. 316, Sec. 2. (AB 1223) Effective January 1, 2020.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2. Employees [92611 - 92612.3] SECTION 92611.7. Source version: id_beb05925-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2. (a) The regents are urged to offer, on at least a semiannual basis, to each of the university’s filers, an orientation course on the relevant ethics statutes and regulations that govern the official conduct of university officials. (b) As used in this section, “filer” means each member, officer, or designated employee of the University of California, including a regent, who, because of his or her affiliation with the university or any subdivision or campus thereof, is required to file a statement of economic interests in accordance with Chapter 7 (commencing with Section 87100) of Title 9 of the Government Code. (c) The regents shall maintain records indicating the specific attendees, each attendee’s job title, and dates of their attendance for each orientation course offered pursuant to this section. These records shall be maintained for a period of at least five years after each course is offered. These records shall be public records subject to inspection and copying in accordance with Section 81008 of the Government Code and any other public records disclosure laws that are applicable to the university. (d) Except as provided in subdivision (e), each filer shall attend the orientation course established pursuant to subdivision (a) in accordance with both of the following: (1) For a person who, as of January 1, 2005, is a filer, as defined in subdivision (b), not later than December 31, 2005, and thereafter, at least once during each consecutive period of two calendar years commencing on January 1, 2007. (2) For a person who becomes a filer, as defined in subdivision (b), after January 1, 2005, within six months after he or she becomes a filer, and at least once during each consecutive period of two calendar years commencing on January 1 of the first odd-numbered year thereafter. (e) The requirements of subdivision (d) do not apply to a filer, as defined in subdivision (b), who has taken an ethics orientation course through another state agency or the Legislature within the periods set forth in paragraphs (1) and (2) of subdivision (d) if, in the determination of the regents, that course covered substantially the same material as the course the university would offer to the filer pursuant to this section. (Amended by Stats. 2015, Ch. 303, Sec. 138. (AB 731) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2. Employees [92611 - 92612.3] SECTION 92611.9. Source version: id_4675028f-f547-11de-b0ec-bb14591ec966 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2. It is the intent of the Legislature that the University of California carefully monitor the use and effects of the contracting of services at newly developed facilities. In order to assist in an improved understanding of such impacts, the university is requested to report annually to the fiscal committees of the Legislature, on or before January 15 of each year, the extent to which it has chosen to contract for services, the rationale for those decisions, the cost implications of those decisions, the impact on hiring, and the extent to which the hiring and contracting practices are at variance with the practices at existing facilities. (Added by Stats. 2009, Ch. 386, Sec. 19. (AB 1182) Effective January 1, 2010.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2. Employees [92611 - 92612.3] SECTION 92612. Source version: id_008e49a1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2. (a) Every individual shall have the right of access to all personal information, as defined in subdivision (a) of Section 1798.3 of the Civil Code, contained in any employee record that is maintained by the University of California that pertains to the individual. (b) If information relating to the employment, advancement, renewal of appointment, or promotion of any individual in an academic senate position is received with the promise or understanding that the identity of the source of the information would be held in confidence, the university shall provide a copy of the text of that information to the individual to whom the information pertains with only the deletion of the name and affiliation, if any, of the source. “Information,” as used in this subdivision, shall be limited to letters of recommendation, and reports of faculty review committees compiled for the purpose of determining the qualifications of members of the academic senate for employment, advancement, renewal of appointment, or promotion. (c) Subdivisions (a) and (b) shall not apply to any personal information, as defined in subdivision (a) of Section 1798.3 of the Civil Code, received prior to January 1, 1979, with the promise or understanding that the identity of the source of the personal information would be held in confidence. (d) Subdivisions (b) and (c) shall not be applicable to the University of California unless adopted by the regents. (Amended by Stats. 1993, Ch. 8, Sec. 47. Effective April 15, 1993.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2. Employees [92611 - 92612.3] SECTION 92612.1. Source version: id_79884674-b8da-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2. (a) The regents are requested, as part of the hiring process for an applicant applying for an academic, athletic, or administrative position with the University of California, to do both of the following: (1) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed misconduct, including sexual harassment. (2) Permit applicants to disclose if they have filed an appeal with the previous employer, administrative agency, or court, if applicable. (b) The University of California is requested to not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the University of California has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position. (c) For purposes of this section, the following definitions shall apply: (1) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and a hearing, if a hearing is either required pursuant to Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) or federal regulations implementing those provisions, or is required by the public postsecondary educational institution’s written policy on sex discrimination, including sexual harassment, and related grievance processes. If a party has filed a timely grievance or appeal, “final administrative decision” means after the grievance or appeal decision has been issued. (2) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court. (3) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer. (4) “Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined by the federal regulations implementing Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681 et seq.). (Amended (as added by Stats. 2023, Ch. 415, Sec. 3) by Stats. 2024, Ch. 673, Sec. 6. (AB 810) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2. Employees [92611 - 92612.3] SECTION 92612.2. Source version: id_866b0f28-b8d6-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2. (a) The regents are requested, as part of the hiring process for an applicant applying for a position with the University of California, to do both of the following: (1) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the campus of the University of California concerning any substantiated allegations of misconduct in order to permit the campus to evaluate the released information with respect to the criteria for a potential job placement. (2) If an applicant reaches the final stages of the application process for the intended position, require campuses of the University of California to use the release form signed pursuant to paragraph (1) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct. (b) It is the intent of the Legislature that the regents apply all provisions of this section to all persons who apply for an academic or athletic position with the University of California. (c) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a person who submits an employment application for an intended tenure-track faculty position, tenured faculty position, athletic head coach position, athletic assistant coach position, athletic trainer position, or supervising athletic trainer position, but does not include a person who is a current employee and is hired or rehired for a different position with the same campus. (2) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer. (3) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence. (Added by Stats. 2024, Ch. 673, Sec. 7. (AB 810) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2. Employees [92611 - 92612.3] SECTION 92612.3. Source version: id_bc89d3e9-94c6-11f0-b924-ab4989f102ab Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2. (a) The University of California may require background checks, to be completed by the Department of Justice pursuant to subdivision (b), during the final stages of the recruitment process for a prospective staff employee, contractor, or volunteer. (b) (1) The University of California shall submit to the Department of Justice fingerprint images of a prospective staff employee, contractor, or volunteer, that the University of California obtains pursuant to subdivision (a), and related information required by the Department of Justice, for purposes of a state- and federal-level criminal history background check in accordance with subdivision (u) of Section 11105 of the Penal Code. (2) The Department of Justice shall provide a state or federal response, or both if applicable, to the University of California pursuant to subdivision (p) of Section 11105 of the Penal Code. (c) This section does not authorize hiring practices that are inconsistent with the requirements of Section 12952 of the Government Code. (Added by Stats. 2025, Ch. 113, Sec. 27. (SB 160) Effective September 17, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2.5. Retirement Plan for Employees Excluded from theUniversity of California Retirement System [92613 - 92614] SECTION 92613. Source version: id_008fd045-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2.5. The Legislature hereby finds and declares that this section is intended to satisfy the requirements prescribed by the Omnibus Budget Reconciliation Act of 1990 (OBRA). Section 3121(b)(7)(F) of the Internal Revenue Code requires that employees of the University of California must be covered by social security, or, in the alternative, be provided benefits through a qualified pension plan or annuity program. Therefore, to facilitate compliance with these requirements, the Legislature hereby encourages and empowers the Regents of the University of California to take all steps necessary to implement a qualified defined contribution plan for their employees, and to that end to withhold as deferred compensation from the wages otherwise payable to those employees up to 7.5 percent of wages, as the term “wages” is defined for social security purposes, or the other amount as may be required as an alternative to social security contributions. (Added by Stats. 1992, Ch. 986, Sec. 1. Effective September 28, 1992.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2.5. Retirement Plan for Employees Excluded from theUniversity of California Retirement System [92613 - 92614] SECTION 92614. Source version: id_008fd047-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2.5. The provisions of Section 92613 shall supersede Sections 3560 to 3599, inclusive, of the Government Code and any memorandum of understanding entered into pursuant to those sections, for any employees hired or rehired on or after the effective date of this act. (Added by Stats. 1992, Ch. 986, Sec. 1. Effective September 28, 1992.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2.7. Economic Legacy of Slavery in California [92615- 92615.] SECTION 92615. Source version: id_009156eb-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2.7. (a) The Legislature requests that the Regents of the University of California assemble a colloquium of scholars to draft a research proposal to analyze the economic benefits of slavery that accrued to owners and the businesses, including insurance companies and their subsidiaries, that received those benefits. The colloquium shall draw on the resources and knowledge of historians and other scholars from across the nation as well as California, and interested parties shall also be invited to participate. (b) As resources allow, the State Library shall participate in the effort required by this section. The State Library shall examine the economic legacy of slavery in California, including forced slavery, chattel slavery, and indentured servitude. (c) The Legislature further requests that the Regents of the University of California make recommendations to the Legislature regarding the colloquium’s findings on or before January 1, 2002. (Added by Stats. 2000, Ch. 1038, Sec. 1. Effective January 1, 2001.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 2.9. California Native American Graves Protection and Repatriation Act Compliance [92618- 92618.] SECTION 92618. Source version: id_a993dfcf-8955-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=2.9. (a) As used in this article, the following definitions apply: (1) “Act” means the California Native American Graves Protection and Repatriation Act of 2001 established pursuant to Chapter 5 (commencing with Section 8010) of Part 2 of Division 7 of the Health and Safety Code. (2) “Institution” means a campus of the University of California. (b) On or before June 30, 2024, and annually thereafter, the University of California is strongly urged to report each institution’s progress towards completing repatriation pursuant to the act. (c) The office of the President of the University of California is strongly urged to provide available funding to sufficiently support each institution’s efforts towards completing repatriation pursuant to the act. (d) The University of California is strongly urged to prohibit use of any Native American human remains or cultural items for purposes of teaching or research at the University of California. (Added by Stats. 2023, Ch. 639, Sec. 1. (AB 226) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 3. Employment of Women [92620- 92620.] SECTION 92620. Source version: id_009156ef-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=3. It is the intent of the Legislature that the Regents of the University of California shall eliminate all policies that detrimentally and unreasonably affect the employment status of females hired by the university. (Amended by Stats. 1995, Ch. 758, Sec. 278. Effective January 1, 1996.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 3.5. Cardcheck Agreements [92625 - 92625.9] SECTION 92625. Source version: id_009156f3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=3.5. The Legislature finds and declares all of the following: (a) In the course of fulfilling its educational mission, the University of California is required to participate in the marketplace, both as a purchaser of goods and services and as a provider of services to its customers, such as students who contract with the university for room and board and medical consumers who utilize the university’s hospitals and clinics. In that role, the university also functions as a proprietor of real property and other physical assets located at its campuses and medical facilities. (b) In the marketplace, the university must make prudent business decisions, as does any private business entity, to ensure efficient and cost-effective management of its business concerns, and to maximize benefit and minimize risk. One of those risks is the possibility of labor-management conflict arising out of labor union organizing campaigns. This conflict can adversely affect the university’s operation of facilities in which it has a proprietary business interest by causing an interruption in service. (c) A major potential source of labor-management conflict that threatens the economic interests of the university as a participant in the marketplace is the possibility of economic action taken by labor unions against employers when labor unions seek to organize their workers over employer opposition to unionization. Experience has demonstrated that organizing drives pursuant to formal and adversarial union certification processes often deteriorate into protracted and acrimonious labor-management conflicts. (d) One way to reduce risk where the university has a proprietary interest in the operation of its facilities is to require, as a condition of the university’s entering into a lease or service contract, that employers operating in the facility agree to a lawful, nonconfrontational alternative process for resolving a union organizing campaign. That alternative process is a so-called “cardcheck,” wherein employee preference regarding whether or not to be represented by a labor union to act as their exclusive collective bargaining representative is determined based on signed authorization cards. Private employers are authorized under existing federal law to agree voluntarily to use this procedure in lieu of election procedures under the supervision of the National Labor Relations Board. (e) The sole purpose of this article is to protect the university’s proprietary interest in the operation of its facilities and to assume the university’s ability to procure and provide uninterrupted services in the marketplace. This article is not enacted to favor any particular outcome in the determination of employee preference regarding union representation, nor to skew the procedures in that determination to favor or hinder any party to the determination. Likewise, this article is not intended to enact or express any generally applicable policy regarding labor-management relations, or to regulate those relations in any way, but is intended only to protect the university’s proprietary interest as a participant in the marketplace. (Added by Stats. 2002, Ch. 1040, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 3.5. Cardcheck Agreements [92625 - 92625.9] SECTION 92625.1. Source version: id_009156f5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=3.5. As used in this article: (a) “Cardcheck agreement” means a written agreement between an employer and a labor organization providing a procedure for determining employee preference on the subject of whether to be represented by a labor organization for collective bargaining, and if so, by which labor organization to be represented, that provides, at a minimum, the following: (1) The determination of employee preference regarding union representation shall be by a cardcheck procedure conducted by a neutral third party in lieu of a formal election. (2) All disputes over interpretation or application of the parties’ cardcheck agreement, and over issues regarding how to carry out the cardcheck process or specific cardcheck procedures shall be submitted to binding arbitration. (3) The forbearance by any labor organization from economic action against the employer at the worksite of an organizing drive covered by this section, and in relation to an organizing campaign only (not to the terms of a collective bargaining agreement), so long as the employer complies with the terms of the cardcheck agreement. (4) Language and procedures prohibiting the labor organization or the employer from coercing or intimidating employees, explicitly or implicitly, in selecting or not selecting a bargaining representative. (b) “Collective bargaining agreement” means an agreement between an employer and a labor organization regarding wages, hours, and other terms and conditions of employment of the employer’s employees. For purposes of this article, a collective bargaining agreement does not include a cardcheck agreement as defined in subdivision (a). (c) “Facility” means any campus, school, cafeteria, store, hospital, clinic, institute, laboratory, or office owned or operated by the university, or at which the normal educational or administrative functions of the university are conducted. (d) “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions or work. (e) “Proprietary interest” means any nonregulatory arrangement or circumstances in which the financial or other nonregulatory interests of the university in a service contract could be adversely affected by labor-management conflict or consumer boycotts potentially resulting from a union organizing campaign. (f) “Service contract” means a lease, management agreement, service agreement, loan bond, guarantee, or other similar agreement to which the university is a party and in which the university has a proprietary interest. (g) “Service contractor” means an individual, corporation, unincorporated association, partnership, or other entity, other than a collection agency retained by the university to enforce a financial obligation owed to the university, that, pursuant to a service contract, provides goods or services to the university. (h) “University” means the University of California and its governing body, the Regents of the University of California. (Added by Stats. 2002, Ch. 1040, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 3.5. Cardcheck Agreements [92625 - 92625.9] SECTION 92625.3. Source version: id_0092dc97-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=3.5. (a) A service contractor shall enter into and comply with a cardcheck agreement, as defined in Section 92625.1, with any labor organization that requests the agreement for the purpose of seeking to represent the service contractor’s employees performing services covered by the service contract. If a service contractor enters into a cardcheck agreement with a labor organization, it shall offer that same agreement to any other labor organization seeking to represent the service contractor’s employees. Any labor organization that was not a party to the initial cardcheck agreement may, in its discretion, reject the terms negotiated by the first union, and negotiate for a different cardcheck agreement. In the event that a labor organization and the service contractor are unable to negotiate an agreement within the 30-day period, this section shall apply. (b) The university shall include in any service contract a provision requiring any service contractor to abide by the requirements imposed under subdivision (a) as essential consideration for the university entering into the service contract. (c) All requests for proposals or invitations to bid or similar documents regarding service contracts shall include a summary description of, and reference to, the policy and requirements of this article. Failure to include the description or reference to this article in a document may not exempt any service contractor otherwise subject to the requirements of this article. (d) This article may not apply to any service contractor signatory to a valid and binding collective bargaining agreement covering the terms and conditions of employment for its employees performing services subject to the service contract, which includes a no-strike provision, and which extends at least through the term of the service contract. (Added by Stats. 2002, Ch. 1040, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 3.5. Cardcheck Agreements [92625 - 92625.9] SECTION 92625.5. Source version: id_0092dc99-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=3.5. The university or any other interested party may bring an action for an injunction or specific performance in order to secure compliance with the requirements of this article. The university shall also have the right to terminate the service contract, upon 30 days’ written notice to the service contractor, to cure its breach, where the service contractor has failed to comply with the requirements of this article. (Added by Stats. 2002, Ch. 1040, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 3.5. Cardcheck Agreements [92625 - 92625.9] SECTION 92625.7. Source version: id_0092dc9b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=3.5. If any provision of this article is declared illegal, invalid, or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof and applications not declared illegal, invalid, or inoperative shall remain in full force or effect. Nothing in this article may be construed to impair any contractual obligations of the university. This article may not be applied to the extent it will cause the loss of any federal or state funding of university activities. (Added by Stats. 2002, Ch. 1040, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 3.5. Cardcheck Agreements [92625 - 92625.9] SECTION 92625.9. Source version: id_0092dc9d-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=3.5. This article shall apply to the University of California only to the extent that the Regents of the University of California act, by resolution, to make it applicable. (Added by Stats. 2002, Ch. 1040, Sec. 1. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 4. Alumni [92630 - 92630.5] SECTION 92630. Source version: id_729167d4-ca38-11e6-895c-b953dbf378d2 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=4. (a) The regents and alumni associations may distribute the names, addresses, and email addresses of alumni of the University of California to a business as described in subdivision (b) in order to accomplish any or all of the following: (1) To provide those persons with informational materials relating to the university or college and its programs and activities. (2) To provide those persons, the regents, and the alumni associations with commercial opportunities that provide a benefit to those persons, or to the regents or the alumni associations. (3) To promote and support the educational mission of the university, the regents, or the alumni associations. (b) The disclosures authorized in subdivision (a) shall be permitted only if all of the following requirements are met: (1) (A) The regents or the alumni associations have a written agreement with a business, as defined in subdivision (a) of Section 1798.80 of the Civil Code, that maintains control over this data that requires the business to maintain the confidentiality of the names, addresses, and email addresses of the alumni, that requires that the University of California retain the right to approve or reject any purpose for which the private information is to be used by the business and to review and approve the text of mailings sent to alumni pursuant to this section, and that prohibits the business from using the information for purposes other than those described in subdivision (a). The text of a mailing intended to be sent to alumni pursuant to this section shall not be approved by the regents or the affected alumni association unless and until the mailing conspicuously identifies the university or the alumni association as associated with the business described in the mailing. (B) If an affinity partner, as defined in Section 4054.6 of the Financial Code, sends any message to an email address obtained pursuant to this section, that message shall include at least both of the following: (i) The identity of the sender of the message. (ii) A cost-free means for the recipient to notify the sender not to electronically transmit any further message to the recipient. (2) The regents or an alumni association shall not disclose to, or share a consumer’s nonpublic personal information with, a business, as defined in paragraph (1), unless the institution, association, or organization has clearly and conspicuously notified the consumer pursuant to subdivision (c), that the nonpublic personal information may be disclosed to the business and that the alumnus has not directed that the nonpublic personal information not be disclosed. (3) The disclosure of alumni names, addresses, and email addresses does not include the names, addresses, and email addresses of alumni who, pursuant to subdivision (c) or in another manner, have directed the regents or an alumni association not to disclose their names, addresses, or email addresses. (4) Information regarding either of the following is not disclosed: (A) The current students of the University of California. (B) An alumnus who, as a student of a campus of the University of California, indicated that, pursuant to the federal Family Educational Rights and Privacy Act (Public Law 93-380), he or she did not wish his or her name, address, and email address to be disclosed. (c) (1) The regents or the affected alumni association shall satisfy the notice requirements of subdivision (b) if it uses the form set forth in paragraph (2). The form set forth in this subdivision or a form that complies with subparagraphs (A) to (J), inclusive, shall be provided by the regents or the alumni association to the alumnus as required in this subdivision, and shall describe the nature of the information the alumnus would receive should the alumnus choose not to opt out, so that the alumnus may make a decision and provide direction to the regents and the alumni association regarding the sharing of his or her name, address, and email address: (A) The form uses the title “IMPORTANT PRIVACY CHOICE” and the header, if applicable, as follows: “Restrict Information Sharing With Affinity Partners.” (B) The titles and headers in the form are clearly and conspicuously displayed, and no text in the form is smaller than 10-point type. (C) The form may be provided as a separate document, incorporated into another communication piece intended for the target audience, or provided through a link to the form located on the Internet Web site of the regents, the affected alumni association, or the affected auxiliary organization. If the form is provided through a link to an Internet Web page, it shall be accompanied by the title “IMPORTANT PRIVACY CHOICE” and a clear and concise description of the choice that can be made by accessing the form. This requirement may be met by using text materially similar to the first paragraph of the form set forth in paragraph (2). (D) The choice or choices provided in the form are stated separately, and may be selected by checking a box. (E) The form is designed to call attention to the nature and significance of the information in the document. (F) The form presents information in clear and concise sentences, paragraphs, and sections. (G) The form uses short explanatory sentences of an average of 15 to 20 words, or bullet lists whenever possible. (H) The form avoids multiple negatives, legal terminology, and highly technical terminology whenever possible. (I) The form avoids explanations that are imprecise and readily subject to different interpretations. (J) The form is not more than one page. (2) The form reads as follows: IMPORTANT PRIVACY CHOICE You have the right to control whether we share your name, address, and email address with our affinity partners (companies that we partner with to offer products or services to our alumni). Please read the following information carefully before you make your choice below: Your Rights You have the following rights to restrict the sharing of your name, address, and email address with our affinity partners. This form does not prohibit us from sharing your information when we are required to do so by law. This includes sending you information about the alumni association, the university, or other products or services. Your Choice Restrict Information Sharing With Affinity Partners: Unless you say “NO,” we may share your name, address, and email address with our affinity partners. Our affinity partners may send you offers to purchase various products or services that we may have agreed they can offer in partnership with us. ( ) NO, please do not share my name, address, and email address with your affinity partners. Time Sensitive Reply You may decide at any time that you do not want us to share your information with our partners. Your choice marked here will remain unless you state otherwise. However, if we do not hear from you, we may share your name, address, and email address with our affinity partners. If you decide that you do not want to receive information from our partners, you may do one of the following: (1) Call this toll-free telephone number: (xxx-xxx-xxxx). (2) Reply electronically by contacting us through the following Internet option: xxxxxxxxxxxx.com. (3) Fill out, sign, and send back this form to us at the following address (you may want to make a copy for your records). Xxxxxxxxxxxxxxxxx Xxxxxxxxxxxxxxxxx Xxxxxxxxxxxxxxxxx Name: Address: Signature: (3) (A) The regents or the affected alumni association shall not be in violation of this subdivision solely because they include in the form one or more brief examples or explanations of the purpose or purposes for which, or the context within which, names, addresses, and email addresses will be shared, as long as those examples meet the clarity and readability standards set forth in paragraph (1). (B) (i) The solicitation to students, upon their graduation, from the regents or the alumni association, encouraging students to join the alumni association or to avail themselves of the services or benefits of the association, shall include the form. (ii) The alumni association magazine or newsletter, or both, shall include the form on an annual or more frequent basis. (iii) The Internet Web site for the alumni association shall include a link to the form, which shall be located on either the homepage of the association’s Internet Web site or in the association’s privacy policy. (iv) A one-time mailing to all alumni on the university or college mailing list as of January 1, 2006, shall include the form. (v) An annual electronic communication to those alumni for whom electronic mail addresses are available, shall include the form. (4) The regents or the affected alumni associations shall provide at least two alternative cost-free means for alumni to communicate their privacy choice, such as calling a toll-free telephone number, or using electronic means. The regents or the alumni association shall clearly and conspicuously disclose in the form required by this subdivision the information necessary to direct the alumnus on how to communicate his or her choices, including the toll-free telephone or facsimile number or Internet Web site address that may be used, if those means of communication are offered. (5) (A) An alumnus may direct at any time that his or her name, address, and email address not be disclosed. The regents or the affected alumni association shall comply with the direction of an alumnus concerning the sharing of his or her name, address, and email address within 45 days of receipt by the regents or the alumni association. When an alumnus directs that his or her name, address, or email address not be disclosed, that direction is in effect until otherwise stated by the alumnus. (B) This subdivision does not prohibit the disclosure of the name, address, or email address of an alumnus as allowed by other applicable state laws. (6) The regents or the affected alumni association may provide a joint notice from the regents or from one or more alumni associations, as identified in the notice, so long as the notice is accurate with respect to the regents and the alumni association or associations participating in the joint notice. (d) This section shall not be construed to authorize the release of any social security numbers. (Amended by Stats. 2016, Ch. 86, Sec. 79. (SB 1171) Effective January 1, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 4. Alumni [92630 - 92630.5] SECTION 92630.5. Source version: id_20c7b334-70ea-11ed-adbb-9148faa5f64e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=4. This article shall apply to the University of California only to the extent that the regents act, by resolution, to make it applicable. This article shall apply to the college named in Section 92200 only to the extent that the Board of Directors of the college named in Section 92200 acts, by resolution, to make it applicable. (Amended by Stats. 2022, Ch. 478, Sec. 27. (AB 1936) Effective January 1, 2023.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 5. Accommodation of Religious Creed [92640- 92640.] SECTION 92640. Source version: id_6422285a-66c9-11d9-9827-acd71f0ac352 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=5. The Regents of the University of California shall develop policies and procedures to ensure that each campus of the university, in administering any test or examination, permits any student who is eligible to undergo the test or examination to do so, without penalty, at a time when that activity would not violate the student’s religious creed. This requirement shall not apply in the event that administering the test or examination at an alternate time would impose an undue hardship that could not reasonably have been avoided. In any court proceeding in which the existence of an undue hardship that could not reasonably have been avoided is an issue, the burden of proof shall be upon the institution. (Amended by Stats. 2004, Ch. 193, Sec. 16. Effective January 1, 2005.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 5.5. Baccalaureate and Master’s Degree Nursing Programs [92645- 92645.] SECTION 92645. Source version: id_17d149f6-ad6b-11dc-9d18-b70412e12d6b Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=5.5. It is the intent of the Legislature that all of the following occur: (a) That, pursuant to funding to be appropriated in the Budget Act of 2007, the Regents of the University of California should offer at least 175 full-time equivalent students in baccalaureate degree nursing programs, at least 140 state-supported full-time equivalent students in accelerated master’s level nursing programs, including entry-level master’s programs and entry-level master’s clinical programs, at least 41 full-time equivalent associate degree nursing (ADN) transitional to bachelor’s of science of nursing (BSN) and full-time equivalent master of science of nursing (MSN) students, and at least 40 full-time equivalent students in traditional master of science in nursing (MSN) degree programs by the 2007–08 academic year. (b) That the regents provide a report to the Governor and the Legislature on or before March 15, 2007, on the proposed expenditure plans to expand nursing programs to enroll the additional students identified in subdivision (a). (c) That the expansion of future baccalaureate, accelerated master’s degree, ADN transitional to BSN and MSN degrees, and traditional MSN degree nursing enrollment be supported with appropriations in the annual Budget Act. (d) That the funding for the baccalaureate degree enrollment expansions referenced in this section be funded within the general enrollment growth funding that is traditionally provided to the University of California during the annual state budget process. (Amended by Stats. 2007, Ch. 522, Sec. 14. Effective January 1, 2008.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 6. Health Sciences Program Review [92650- 92650.] SECTION 92650. Source version: id_00946345-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=6. (a) It is the intent of the Legislature to review, during the annual budget process, the current University of California health sciences program and to assess the following with regard to General Fund support of the system: (1) The appropriate number and balance between primary and nonprimary care residency positions. (2) The relationship between the General Fund resource capacity to support the current physician output of the system and the costs to the General Fund of an oversupply of physician specialists. (3) The current and projected pattern of health manpower training in relationship to future supply and demand projections. (4) The distribution of University of California medical school graduates with regard to placement in areas, and service to populations, underserved by the medical profession. (b) It is the intent of the Legislature to monitor the new, comprehensive plan currently under development by the University of California for programs in health professions education, and, upon the completion of that plan, to monitor, during the annual budget process, both the compliance of the university with its plan and the plan’s relevance to the state’s need for health professionals and health care services. (Added by Stats. 1984, Ch. 1509, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 6.3. Health Professions Education and Outreach [92655.1- 92655.1.] SECTION 92655.1. Source version: id_0095e9e9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=6.3. The Legislature requests the Regents of the University of California, to the extent possible, to use existing resources to establish dental, medical, and optometric health professions outreach and exposure programs for elementary, high school, and undergraduate students, including community college students. (Added by renumbering Section 92665.1 by Stats. 2002, Ch. 664, Sec. 70. Effective January 1, 2003.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 6.4. Animal Shelter Assistance Act [92657 - 92658] SECTION 92657. Source version: id_14330323-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=6.4. The Legislature finds and declares all of the following: (a) In 1998, the State of California enacted Senate Bill 1785 (Chapter 752 of the Statutes of 1998) to create new minimum standards for California animal shelters and establish the state’s policy that no adoptable or treatable animal should be euthanized. (b) Since 1998, many California communities have made meaningful strides to reduce the deaths of homeless animals. Public and private sources have funded more low-cost programs for dog and cat spaying and neutering. Animal shelters have sought to modernize their facilities and practices to keep animals healthier during their time at the shelter. Public education campaigns have promoted the importance of adopting pets, and a growing number of private rescue groups have been formed, increasing the degree to which they assist shelters in finding new homes for animals. (c) Although the number of deaths in California’s animal shelters fell from more than 500,000 in 1998 to an estimated 180,000 in 2018, the state’s longstanding policy goal has not yet been achieved in every community. (d) The University of California houses the nation’s premier animal sheltering research, service, and teaching program. The shelter medicine program at the University of California, Davis promotes a welfare-centric, life-saving approach to the management of animals in shelters, focused on prevention and grounded in science. The program has been working with shelters across California since its inception, providing advice covering facility design, shelter management, animal husbandry, and myriad veterinary health issues that are unique to sheltering environments. (e) With an intentional focus on and partnership with communities around California, the state will be well positioned to achieve the state’s policy goal that no adoptable or treatable animal should be euthanized. (Added by Stats. 2021, Ch. 144, Sec. 67. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 6.4. Animal Shelter Assistance Act [92657 - 92658] SECTION 92658. Source version: id_14330325-f6d0-11eb-a5a3-dfc96c2d5992 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=6.4. (a) It is the intent of the Legislature that a five-year program, which shall be known as the Animal Shelter Assistance Program, be established to support the state’s policy goal that no adoptable or treatable animal is euthanized, and that the program be administered by the University of California pursuant to all of the following principles: (1) The program shall provide support to all California animal shelters in the form of outreach, regional conferences, and provision of web-based resources based on current best practices. Best practices may include, but is not limited to, all of the following: (A) Reducing intake by providing other solutions to keep animals safe and healthy in their homes, which may include spay or neuter as part of that approach, as well as vaccination, microchipping, and setting up technology and communication to help pet owners rehome their own pets instead of taking them to a shelter. (B) Improving animal health and care in the shelter, which may include adequate housing, good ventilation, appropriate treatment and isolation facilities as well as good husbandry practices to help animals stay healthy, lower costs, and increase adoptions. (C) Removing barriers to live outcomes, which may include technology, staffing and capacity solutions, and expanding spay or neuter capacity to keep up with outflow. This may also include systems to reunite lost pets and developing an adoption presence in the community. (2) The program shall offer in-person assessments and in-depth online training to California city, county, or city and county animal control agencies or shelters, societies for the prevention of cruelty to animals, and humane societies, upon request and as feasible. (3) As a supplement to its outreach and programmatic support, the program shall administer a grant program to aid implementation of best practices in California animal shelters. All funds shall be awarded on the basis of need as determined by an open, competitive process that ensures objectivity, fairness, and sustainability. All California city, county, or city and county animal control agencies or shelters, societies for the prevention of cruelty to animals, and humane societies shall have access and opportunity to voluntarily compete for the funds. The program shall do all of the following: (A) Develop criteria, procedures, and accountability measures as may be necessary to implement the grant program. (B) Administer the grant program to ensure that priority is given to underserved populations, including both urban and rural areas and low-income communities, where achievement of the state’s goal that no adoptable or treatable animal is euthanized has not yet been met. (C) In developing criteria, procedures, and accountability measures, include a focus on preventing pet overpopulation, such as measures to offer no or low cost spay or neuter services. (4) For purposes of this section, a society for the prevention of cruelty to animals or a humane society shall be a California corporation, duly incorporated in the State of California, in active status, as described on the business search page of the Secretary of State’s internet website, and exempt from federal income taxation as an organization described in Section 501(c)(3) of the Internal Revenue Code. (5) For purposes of this section, the program is encouraged to prioritize assistance for California city, county, or city and county animal control agencies or shelters, societies for the prevention of cruelty to animals, and humane societies that are current on relevant data reporting required under law, and that offer the greatest likely return on one-time investment of state funds. (b) In designing and promoting the services outlined in subdivision (a), the program shall seek input from relevant stakeholders to ensure that program services and grants effectively reach a wide geography throughout the state, and that regions in northern, central, and southern California, including both urban and rural areas, are adequately considered, with an emphasis on addressing the lifesaving needs within these regions. (c) The program may give additional consideration to working with communities that do any of the following: (1) Seek to maximize the number of animals whose lives can be saved. (2) Demonstrate partnerships among public, private, corporate, or nonprofit entities. (3) Emphasize volunteer engagement and community outreach components for purposes of increasing the sustainability of the program’s investments. (d) (1) On or before March 31, 2023, the University of California shall report to the relevant policy and fiscal committees of the Legislature and the Department of Finance on the program. At a minimum, the report shall include all of the following information: (A) The amount spent on each type of activity set forth in paragraphs (1) to (3), inclusive, of subdivision (a). (B) Pursuant to paragraph (1) of subdivision (a), a summary of the outreach activities that were supported by funds. (C) Pursuant to paragraph (2) of subdivision (a), a list of shelters that received in-person assessments and in-depth training. (D) Pursuant to paragraph (3) of subdivision (a), a list of grant recipients, along with each recipient’s grant amount, the amount of matching funds, if any, and a description of the funded activities. (E) An analysis of the program’s impact on the number of animals that are euthanized for all shelters participating in the activities described in paragraphs (2) and (3) of subdivision (a). The analysis shall include annual data on the number of animals that were euthanized at least five years preceding the establishment of the program and throughout the duration of the program. To the extent possible, the analysis shall use the best available data to estimate the number of treatable and adoptable animals that are euthanized in the state. The University of California, Davis Koret Shelter Medicine program may require any data from program participants as needed to complete this analysis. (F) A long-term plan to sustain any improvements in euthanized rates once the one-time funding expires and continue progressing toward the state’s policy objective that no adoptable or treatable animal be euthanized. (G) Financial information on the University of California, Davis Koret Shelter Medicine program, including funding by source, spending by program and function, and end-of-year fund balances. The report shall include this information for the 2018–19 through 2023–24 fiscal years. (2) On or before March 31, 2026, the University of California shall submit a second report to the relevant policy and fiscal committees of the Legislature and the Department of Finance on the program. At a minimum, the report shall include all of the information described in paragraph (1). (e) Subject to the conditions and requirements established elsewhere in statute, the State Department of Public Health and the Department of Food and Agriculture shall provide to the program, upon proper request, data that will help ensure effective administration of the program. (f) Toward these ends, the Legislature requests the Regents of the University of California to establish the Animal Shelter Assistance Program and direct the University of California, Davis Koret Shelter Medicine Program to administer the program pursuant to, and consistent with, the principles and goals stated in this article. (Added by Stats. 2021, Ch. 144, Sec. 67. (AB 132) Effective July 27, 2021.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 6.5. Housing [92660- 92660.] SECTION 92660. Source version: id_c994e459-a438-11e5-85e8-ce935aac19b6 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=6.5. (a) In order to ensure that current and former homeless youth and current and former foster youth who are students at campuses of the University of California have stable housing, each campus of the University of California that maintains student housing facilities shall give priority to current and former homeless youth and current and former foster youth. In addition, each campus of the University of California that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current and former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for uninterrupted year-round occupation and provide this housing to current and former homeless youth and current and former foster youth at no extra cost during academic or campus breaks, and next give priority to current or former homeless youth and current and former foster youth for residence in the housing facilities for which they are eligible that are open for occupation during the most days in the calendar year. (b) In addition, a campus of the University of California is requested to develop a plan to ensure that current and former homeless youth and current and former foster youth can access housing resources as needed during and between academic terms, including during academic and campus breaks, regardless of whether the campus maintains student housing facilities. (c) As used in this section, a “homeless youth” means a student under 25 years of age, who has been verified, in the case of a former homeless youth, at any time during the 24 months immediately preceding the receipt of his or her application for admission by a campus of the University of California, as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by at least one of the following: (1) A homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (2) The director, or his or her designee, of a federal TRIO program or a Gaining Early Awareness and Readiness for Undergraduate Programs program. (3) A financial aid administrator. (d) For purposes of this section, a student who is verified as a former homeless youth pursuant to subdivision (c) shall retain that status for a period of six years from the date of admission. (e) This section shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make this section applicable. (Amended by Stats. 2015, Ch. 571, Sec. 4. (AB 1228) Effective January 1, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 6.7. Support Services for Foster Youth Attending the University of California [92663- 92663.] SECTION 92663. Source version: id_18b9b931-0166-11ed-b7fa-978722836f6d Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=6.7. (a) Subject to the availability of funds in the annual Budget Act for this purpose, the office of the President of the University of California shall provide each participating campus with funding to support postsecondary education programs for foster youth and former foster youth. The office of the President of the University of California shall develop a funding formula that allocates funding to each campus that offers a foster youth support program. The formula may authorize each participating campus to maintain a minimum baseline funding amount. The formula shall be based on the number of students participating in the program at each participating campus. (b) Funding allocated to each campus pursuant to subdivision (a) shall be used to provide support services to students who are foster youth and former foster youth, which may include, but are not limited to, outreach and recruitment, consultation and eligibility verification, consultation and referrals for students deemed ineligible, service coordination, counseling and academic advising, grants for books, supplies, tutoring, childcare, housing, or transportation, independent living and financial literacy skills support, frequent in-person contact, career guidance, referrals to health services, mental health services, housing assistance, and other related services, and direct financial support. (c) A campus program may provide all the services described in subdivision (b) to enrolled students who are foster youth or former foster youth but whose courses have not yet commenced, if those services are necessary to enable the student to be successful upon the commencement of the academic term. Funding may also be used to support these services during the summer term for students enrolled in the upcoming fall term. (d) Each participating campus shall offer all of the following as part of its program provided pursuant to this section: (1) A full-time designated staff program director or coordinator with experience relevant to working with foster youth and former foster youth. (2) Campus office and meeting space. (3) A range of student supports to address academic and nonacademic needs. (4) Opportunities for peer mentors. (e) To the extent possible, services provided under this section, including those required pursuant to subdivision (d), shall supplement, and shall not supplant, other services provided by the state, a county, or a campus. Where existing targeted programs for foster youth and former foster youth exist on campus, funding shall be used to continue and expand these programs. (f) Commencing March 31, 2024, and every two years thereafter, the office of the President of the University of California shall submit a report to the Department of Finance and the Joint Legislative Budget Committee describing all of the following: (1) Efforts during the previous academic year to serve students who are foster youth and former foster youth, including uses of the funding allocated pursuant to subdivision (a) and uses of other internal and external resources supporting foster youth services. (2) Enrollment, retention, and completion rate data for students who are foster youth and former foster youth and participated in programs funded pursuant to this section on a campus-by-campus basis, and other metrics as appropriate. (3) As feasible, systemwide data on enrollment, retention, and completion rates for students who are foster youth and former foster youth and participated in programs funded pursuant to this section, and other metrics as appropriate, disaggregated by race, ethnicity, and gender. (Added by Stats. 2022, Ch. 54, Sec. 45. (AB 183) Effective June 30, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7. The University of California and California State University Collaborative for Neurodiversity and Learning [92665 - 92669] SECTION 92665. Source version: id_88220da5-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7. (a) This article shall be known, and may be cited, as the University of California and California State University Collaborative for Neurodiversity and Learning. (b) The goal of this article is to establish a joint University of California and California State University initiative that will bring together the state’s resources and leading experts in brain research and K–12 education to strengthen educational support and new teaching methods for children with diverse learning needs, including children with dyslexia and literacy issues. (Added by Stats. 2019, Ch. 53, Sec. 27. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7. The University of California and California State University Collaborative for Neurodiversity and Learning [92665 - 92669] SECTION 92666. Source version: id_88220da7-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7. The University of California, Los Angeles and the California State University, Dominguez Hills, along with California State University campuses serving the Los Angeles Basin selected by the Trustees of the California State University, shall form a neurodiversity and learning collaborative to do all of the following: (a) Develop a network of brain researchers and educators to share new knowledge on neurodiversity. (b) Identify and develop links between brain research and classroom practice. (c) Create a framework for embedding neurodiversity knowledge into the teacher education programs at the University of California and the California State University. (d) Provide an opportunity for innovative experts in neuroscience and education to collaborate and develop new approaches for teaching and learning based on knowledge gained from brain research around learning differences, such as dyslexia. (Added by Stats. 2019, Ch. 53, Sec. 27. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7. The University of California and California State University Collaborative for Neurodiversity and Learning [92665 - 92669] SECTION 92667. Source version: id_88220da9-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7. (a) (1) The collaborative formed pursuant to Section 92666 shall provide leadership on the development and testing of new classroom interventions and teaching practices for literacy learning issues based on brain research at public schools maintaining kindergarten or any of grades 1 to 12, inclusive. (2) Schools described in paragraph (1) may include schools with existing partnerships with the California State University or the University of California. (b) The collaborative shall establish an evaluation team, composed of participants from the California State University and the University of California, Los Angeles to measure the impact of the new classroom interventions and teaching practices at participating schools pursuant to subdivision (a) and identify which interventions and practices are most effective for neurodiverse learners. (c) The collaborative may provide stipends for student teachers, teachers, and school leaders who participate in the work described in this section. (d) The collaborative shall support the creation of professional development modules for current teachers based on the evaluation of tested interventions and practices pursuant to subdivision (b). (Added by Stats. 2019, Ch. 53, Sec. 27. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7. The University of California and California State University Collaborative for Neurodiversity and Learning [92665 - 92669] SECTION 92668. Source version: id_88220dab-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7. (a) The collaborative formed pursuant to Section 92666 shall support the development of a progressive teacher training curriculum to be integrated into professional preparation programs leading to a preliminary teaching credential, approved by the Commission on Teacher Credentialing, that will have a long-term impact on supporting neurodiverse learners. (b) The collaborative shall select public postsecondary educational institutions willing to participate voluntarily in implementing and testing the effects of the teacher training curriculum. (c) The collaborative shall measure the success of the teacher training curriculum and intervention programs and shall share the results broadly with educators and policymakers throughout the state. (Added by Stats. 2019, Ch. 53, Sec. 27. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7. The University of California and California State University Collaborative for Neurodiversity and Learning [92665 - 92669] SECTION 92669. Source version: id_882234bd-a343-11e9-8d2f-c51f10f9065e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7. (a) The operation of this article is contingent upon the enactment of an appropriation in the annual Budget Act for its purposes. (b) For purposes of this article, participation of public schools maintaining kindergarten or any of grades 1 to 12, inclusive, shall be voluntary. (c) This article shall not apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make it applicable. (Added by Stats. 2019, Ch. 53, Sec. 27. (SB 77) Effective July 1, 2019.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7.5. Expenditures for Undergraduate and Graduate Instruction and Research Activities [92670- 92670.] SECTION 92670. Source version: id_22a5e05e-e41d-11e7-99d3-2f570f4f10eb Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7.5. (a) (1) It is the intent of the Legislature, in enacting this section, to ensure that the Legislature has accurate information upon which to base funding decisions relating to the University of California. (2) The University of California shall report biennially to the Legislature and the Department of Finance, on or before October 1, 2014, and on or before October 1 of each even-numbered year thereafter, on the total costs of education at the University of California. The amounts included in the reports required by this section shall be based on publicly available information. (b) The report shall identify the costs of undergraduate education, graduate academic education, graduate professional education, and research activities. All four categories listed in this subdivision shall be reported in total and disaggregated separately by health sciences disciplines, disciplines included in paragraph (13) of subdivision (b) of Section 92675, and all other disciplines. For purposes of this report, research for which a student earns credit toward his or her degree program shall be identified as undergraduate education or graduate education. (c) The costs reported in the reports required by this section shall be prior year actual expenditures, and shall also be reported by fund source, including all of the following: (1) State General Fund. (2) Systemwide tuition and fees. (3) Nonresident tuition and fees and other student fees. (4) University of California General Funds, including interest on General Fund balances and the portion of indirect cost recovery and patent royalty income used for core educational purposes. (d) For any report submitted under this section before January 1, 2017, the costs shall, at a minimum, be reported on a systemwide basis. For any report submitted under this section on or after January 1, 2017, the costs shall be reported on both a systemwide and campus-by-campus basis. (e) A report prepared under this section on or after January 1, 2017, shall include information on costs, disaggregated by campus, based on the methodology developed by the National Association of College and University Business Officers in its February 2002 report, Explaining College Costs, and other methodologies determined by the university. (f) A report to be submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (g) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report under this section shall be inoperative on January 1, 2023, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2017, Ch. 802, Sec. 2. (AB 1655) Effective January 1, 2018.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7.7. Reporting of Performance Measures [92675- 92675.] SECTION 92675. Source version: id_38f2825d-61a3-11e7-8adc-8aa4aa845353 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7.7. (a) For purposes of this section, the following terms are defined as follows: (1) The “four-year graduation rate” means the percentage of a cohort of undergraduate students who entered the university as freshmen at any campus and graduated from any campus within four years. (2) The “two-year transfer graduation rate” means the percentage of a cohort of undergraduate students who entered the university at any campus as junior-level transfer students from the California Community Colleges and graduated from any campus within two years. (3) “Low-income student” means an undergraduate student who has an expected family contribution, as defined in subdivision (g) of Section 69432.7, at any time during the student’s matriculation at the institution that would qualify the student to receive a federal Pell Grant. The calculation of a student’s expected family contribution shall be based on the Free Application for Federal Student Aid (FAFSA) application or an application determined by the Student Aid Commission to be equivalent to the FAFSA application submitted by that applicant. (b) Commencing with the 2013–14 academic year, the University of California shall report, by March 15 of each year, on the following performance measures for the preceding academic year, to inform budget and policy decisions and promote the effective and efficient use of available resources: (1) The number of transfer students enrolled from the California Community Colleges, and the percentage of California Community College transfer students as a proportion of the total number of undergraduate students enrolled. (2) The number of new transfer students enrolled from the California Community Colleges, and the percentage of new California Community College transfer students as a proportion of the total number of new undergraduate students enrolled. (3) The number of low-income students enrolled and the percentage of low-income students as a proportion of the total number of undergraduate students enrolled. (4) The number of new low-income students enrolled and the percentage of new low-income students as a proportion of the total number of new undergraduate students enrolled. (5) The four-year graduation rate for students who entered the university four years prior and, separately, for low-income students in that cohort. (6) The two-year transfer graduation rate for students who entered the university two years prior and, separately, for low-income students in that cohort. (7) The number of degree completions, in total and for the following categories: (A) Freshman entrants. (B) California Community College transfer students. (C) Graduate students. (D) Low-income students. (8) The percentage of freshman entrants who have earned sufficient course credits by the end of their first year of enrollment to indicate they will graduate within four years. (9) The percentage of California Community College transfer students who have earned sufficient course credits by the end of their first year of enrollment to indicate they will graduate within two years. (10) For all students, the total amount of funds received from all sources identified in subdivision (c) of Section 92670 for the year, divided by the number of degrees awarded that same year. (11) For undergraduate students, the total amount of funds received from the sources identified in subdivision (c) of Section 92670 for the year expended for undergraduate education, divided by the number of undergraduate degrees awarded that same year. (12) The average number of University of California course credits and total course credits, including credit accrued at other institutions, accumulated by all undergraduate students who graduated, and separately for freshman entrants and California Community College transfer students. (13) (A) The number of degree completions in science, technology, engineering, and mathematics (STEM) fields, in total, and separately for undergraduate students, graduate students, and low-income students. (B) For purposes of subparagraph (A), “STEM fields” include, but are not necessarily limited to, all of the following: computer and information sciences, engineering and engineering technologies, biological and biomedical sciences, mathematics and statistics, physical sciences, and science technologies. (c) Commencing with the 2017–18 academic year, the University of California shall include in the report described in subdivision (b) goals for the three academic years immediately following the academic year of the report for each of the performance measures listed under that subdivision. (d) It is the intent of the Legislature that the appropriate policy and fiscal committees of the Legislature review these performance measures in a collaborative process with the Department of Finance, the Legislative Analyst’s Office, individuals with expertise in statewide accountability efforts, the University of California, the California State University, and, for purposes of data integrity and consistency, the California Community Colleges, and consider any recommendations for their modification and refinement. It is further the intent of the Legislature that any modification or refinement of these measures be guided by the legislative intent expressed in Section 66010.93. (Amended by Stats. 2017, Ch. 23, Sec. 19. (SB 85) Effective June 27, 2017.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7.8. Admission of California Resident Students [92680- 92680.] SECTION 92680. Source version: id_46a0fd30-3d81-11e6-986b-ce9c7253fe73 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7.8. (a) It is the intent of the Legislature that pupils who are enrolled in schools identified by the Superintendent of Public Instruction pursuant to subdivision (g) of Section 41580 receive additional support to increase the number of these pupils who are admitted to, and enroll at, the University of California and who successfully complete an undergraduate degree within four academic years of freshman admission. (b) The University of California shall approve a plan, including a timeline, to do all of the following: (1) Identify, in the files for each applicant for freshman admission, whether the applicant is enrolled in a school identified on the list developed by the Superintendent pursuant to subdivision (g) of Section 41580. (2) (A) Provide direction to each campus regarding supplemental consideration in the admission process for pupils who are enrolled in schools identified pursuant to subdivision (g) of Section 41580 that comply with university policy. (B) For the purposes of this paragraph, all pupils enrolled in schools identified pursuant to subdivision (g) of Section 41580 shall meet the same admission requirements as pupils who are enrolled in high schools not identified pursuant to subdivision (g) of Section 41580. (3) Increase, at each campus and in each academic year, beginning in the 2016–17 academic year, the number of California resident freshmen admits, including students meeting the requirements of Section 68130.5, who are enrolled at a school identified by the Superintendent pursuant to subdivision (g) of Section 41580. It is the intent of the Legislature that the University of California examine its practices to encourage more pupils who are enrolled at schools identified by the Superintendent pursuant to subdivision (g) of Section 41580 and who are admitted to the university to enroll at the university. (4) Expand services and resources to be provided specifically for students who entered as freshmen and who were previously enrolled in a school identified by the Superintendent pursuant to subdivision (g) of Section 41580. (c) No later than December 15, 2016, the university shall submit to the Director of Finance and the Legislature an evaluation of the costs and benefits of providing application fee waivers to applicants who are enrolled in schools identified by the Superintendent pursuant to subdivision (g) of Section 41580. (d) Commencing in 2017, no later than November 30 of each year, the university shall report to the Director of Finance and to the Legislature the number of pupils who attended a school identified by the Superintendent pursuant to subdivision (g) of Section 41580 and were admitted to the university, and the number of those students who enrolled, disaggregated by campus. (e) This section is operative if funds are appropriated in the Budget Act of 2016 to the University of California. (Added by Stats. 2016, Ch. 24, Sec. 26. (AB 1602) Effective June 27, 2016.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 7.9. County of San Diego Coastal Erosion Research Program [92685- 92685.] SECTION 92685. Source version: id_9a360c85-8956-11ee-82fd-ff38053c7c11 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=7.9. (a) Upon appropriation by the Legislature, the Scripps Institution of Oceanography at the University of California, San Diego, shall conduct research on coastal cliff landslides and erosion in the County of San Diego. As a condition of receiving funds pursuant to this section, the research conducted pursuant to this section shall involve both of the following: (1) Developing a bluff failure database using historical records combined with analysis of recent and future coastal survey data. This database shall be used to establish landslide size frequency statistics, quantify failure rates, and identify erosion hot spots. (2) Conducting real-time measurements of land deformation, to identify and analyze conditions that precede catastrophic bluff failure, on the following sites: (A) Beacons Beach in the City of Encinitas. (B) The City of Del Mar. (C) San Elijo State Beach in the Cardiff area of the City of Encinitas. (b) (1) The research described in subdivision (a) shall be completed no later than January 1, 2026. No later than March 30, 2026, the Scripps Institution of Oceanography shall, as a condition of receiving funds pursuant to this section, provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (3) The requirement for submitting a report imposed under paragraph (1) is inoperative on March 30, 2030, pursuant to Section 10231.5 of the Government Code. (c) The Regents of the University of California and its employees, acting in good faith, shall not be civilly liable for any harm resulting from measurements, predictions, or warnings regarding bluff failure, cliff landslides, or erosion contained in the report or from the research described in subdivision (a) or related to the recommendations described in subdivision (b). This subdivision does not absolve the Regents of the University of California and its employees from liability under existing law for damages as a result of acts or omissions constituting gross negligence or willful or wanton misconduct. (d) The limitation of liability in subdivision (c) applies only to the Regents of the University of California and its employees. It does not apply to any other state or local agency. (Amended by Stats. 2023, Ch. 80, Sec. 1. (AB 72) Effective January 1, 2024.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 8. California-China Climate Institute [92687- 92687.] SECTION 92687. Source version: id_c13bc2b9-591f-11ec-83c0-59f638b5fdde Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=8. (a) (1) Subject to the availability of private funds provided for purposes of this article, the Regents of the University of California may establish the California-China Climate Institute, a University of California-wide initiative to accelerate climate action through cooperative efforts and exchange between two of the world’s largest economic powers. (2) The institute shall work closely with University of California campuses, departments, and leaders to accomplish its work. (3) The institute shall operate in partnership with the Institute of Climate Change and Sustainable Development at Tsinghua University and other entities and institutions in China and California. (4) The institute will, to the extent possible, receive guidance and support from expert policy, government, business, academic, and climate leaders and advisory committees, including, but not necessarily limited to, the following state entities: (A) The California State Assembly. (B) The California State Senate. (C) The office of the Governor. (D) The California Environmental Protection Agency. (E) The Natural Resources Agency. (F) The University of California. (G) The Department of Food and Agriculture. (b) The duties of the institute shall include all of the following: (1) Fostering collaboration among government, business, academic institutions, and civil society to inform and shape national and subnational climate policy and advance the goals of the Paris Agreement. (2) Advancing joint policy research on major climate issues, including, but not necessarily limited to, all of the following: (A) Low-carbon transportation and zero-emission vehicles. (B) Carbon pricing. (C) Climate adaptation and resilience. (D) Sustainable land use and climate-smart agriculture. (E) Carbon capture and storage. (F) Long-term climate goal setting and policy enforcement. (3) Supporting high-level subnational climate dialogue between top government, business, and climate leaders from throughout the United States and China with respect to climate policy, investment, and finance. (4) Providing training to Californian and Chinese researchers, scientists, technical experts, policymakers, and other leaders to advance critical climate and environmental policies, including, but not necessarily limited to, air quality, carbon pricing, carbon emissions, clean energy, and innovation. (Added by Stats. 2021, Ch. 227, Sec. 1. (AB 39) Effective January 1, 2022.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 6. Miscellaneous Provisions [92600 - 92689] ARTICLE 9. Lunar New Year Holiday [92689- 92689.] SECTION 92689. Source version: id_1e7b01b0-b8d4-11ef-87f5-6bbf55a2195e Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=6.&article=9. (a) Each campus of the University of California is requested to be authorized to observe the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” as a holiday, and to be closed on that day. The campus is requested to be authorized to replace observing another prescribed holiday with observing Lunar New Year as a holiday. If the campus observes the Lunar New Year holiday and Lunar New Year falls on another prescribed holiday that is not being replaced by the Lunar New Year holiday, the campus is requested to observe the preceding or following weekday as the Lunar New Year holiday. (b) If a campus of the University of California observes the Lunar New Year holiday pursuant to subdivision (a), employees of the campus are requested to be entitled to a paid holiday on that day if they are in a paid status during any portion of the working day immediately preceding or succeeding the Lunar New Year holiday. (c) If this section conflicts with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if those provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Added by Stats. 2024, Ch. 972, Sec. 2. (AB 2883) Effective January 1, 2025.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 7. The Center for Cooperatives [92690 - 92698] SECTION 92690. Source version: id_0095e9ed-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=7.&article= The Legislature finds and declares all of the following: (a) That California consumers enjoy the economic benefits of a substantial cooperative business sector. An estimated one million people participate in a diversity of consumer cooperatives that includes, but is not limited to, housing, child care, food, insurance and health care, student, rural electric, senior citizen, cable, and funeral cooperatives, as well as employee-owned arts and crafts cooperatives and other small business cooperatives. Credit unions, as financial cooperatives, provide services to over 6.2 million members. In addition, over 40,000 California farmers belong to agricultural cooperatives which produce and market over six billion dollars ($6,000,000,000) of food and fiber products annually. (b) That land grant universities of this nation, including the University of California, have a long tradition of providing research, educational, and extension programs of direct interest to cooperatives. (c) That public understanding of the nature and role of cooperatives is minimal. In general, the public does not understand how the cooperative form of business structure is being utilized for their benefit. (d) That public understanding about the benefits of the cooperative form of business could be greatly improved through a coordinated effort by the University of California and other institutions of higher education to focus on the role of cooperatives in the California economy. (e) That in the fast changing world economic environment it is important to California that its cooperatives remain a dynamic sector within the state’s economy. In order to enhance this sector’s development the state is asked to support the establishment of a Center for Cooperatives. (f) That the establishment of a Center for Cooperatives would help to meet the growing need for information, knowledge, and the professional skills necessary to increase the competitiveness of California’s cooperatives in the state, national, and world trade and economy. (Amended by Stats. 1989, Ch. 668, Sec. 2.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 7. The Center for Cooperatives [92690 - 92698] SECTION 92691. Source version: id_0095e9ef-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=7.&article= In order to facilitate the development of cooperatives in the business and education sectors, the University of California is requested to establish a Center for Cooperatives. The university is further requested to give careful consideration to locating the center at the University of California, Davis, due to the demonstrated leadership role of that campus in providing research, education, and extension services to cooperatives. It is the intent of the Legislature that the center be interdisciplinary in nature and be administered by the university through the appointment of a director. (Amended by Stats. 1989, Ch. 668, Sec. 3.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 7. The Center for Cooperatives [92690 - 92698] SECTION 92692. Source version: id_00977091-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=7.&article= It is the intent of the Legislature that the center be operated by the University of California to do the following: (a) Assist cooperatives in the state through the provision of the following: (1) Board management and staff training. (2) Technical assistance regarding startups, ongoing operations, membership development, and new initiatives. (3) Advice regarding capitalization, marketing, merchandising, business, economic development, and financial management strategies. (b) Serve as a catalyst between the Land Grant University, other higher education programs, and cooperative leaders in the development and support of education, research, and public outreach programs of direct benefit and interest to cooperatives and their members. (c) Provide access to market development and changes through industry focused knowledge to the boards, officers, committees, management, and staffs of cooperatives. (d) Strengthen the capacity of California’s cooperatives to compete effectively and therefore, create employment opportunities for both the rural and urban population in California. (Added by Stats. 1987, Ch. 1198, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 7. The Center for Cooperatives [92690 - 92698] SECTION 92693. Source version: id_00977093-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=7.&article= It is the intent of the Legislature that the center support research, education, and extension activities that advance the body of knowledge concerning cooperatives in general and address the needs of California’s agricultural and nonagricultural cooperatives such as: (a) Support for teaching programs at the graduate and undergraduate levels. (b) Support for research addressing economic, marketing, social, technology development, and other issues relating to cooperatives. (c) Dissemination of information on existing programs, services, and publications available to cooperatives through federal, state, university, and public sector sources. (d) Development and dissemination of education materials relating to cooperatives. (e) Coordination of meetings, conferences, seminars, and related education programs for cooperative leaders, boards of directors, managers, members of cooperatives, and others. (f) Encouragement of greater interest in cooperatives by the academic community through student involvement, internships, support of visiting scholars, and other means. (g) Support strengthening the economic role of cooperatives in state, national, and international trade. (Added by Stats. 1987, Ch. 1198, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 7. The Center for Cooperatives [92690 - 92698] SECTION 92694. Source version: id_00977095-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=7.&article= (a) It is the intent of the Legislature that the President of the University of California, or his or her designee, appoint an advisory board to the center. (b) It is further the intent of the Legislature that: (1) The advisory board be composed of a majority of individuals who are members of agricultural or nonagricultural cooperatives, with the two sectors being equally represented, as well as, composed of individuals representing institutions of higher education, government, and the general public who are knowledgeable about cooperatives. (2) The duties of the advisory board include recommending goals, objectives, and priorities for the center and reviewing center activities. (3) To the extent practicable, the advisory board recommend, and the center strive to undertake, a balanced program of activities that are directly beneficial to agricultural and nonagricultural cooperatives, and representative of the diversity of both cooperative sectors. (4) The advisory board consider the relative economic impact of cooperatives in California and the service to the public in making its recommendations. (5) The members of the advisory board serve without compensation, but shall be reimbursed for all necessary expenses incurred in the performance of their duties in accordance with applicable regulations and guidelines of the University of California. (Added by Stats. 1987, Ch. 1198, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 7. The Center for Cooperatives [92690 - 92698] SECTION 92695. Source version: id_00977097-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=7.&article= It is the intent of the Legislature, and subject to the availability of funds, that qualified institutions of higher education, organizations, and individuals, as determined by the president, or his or her designee, in consultation with the advisory board, be eligible to participate in a competitive grant program to assist in carrying out Sections 92692 and 92693. (Amended by Stats. 1989, Ch. 668, Sec. 4.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 7. The Center for Cooperatives [92690 - 92698] SECTION 92696. Source version: id_00977099-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=7.&article= It is further the intent of the Legislature that the Center for Cooperatives be funded by a variety of sources which may include, but not be limited to, the following: (1) Funds derived from special fund accounts. (2) Public and private funds secured through cooperative research agreements from entities such as the Agricultural Cooperative Service of the United States Department of Agriculture. (3) Funds currently available to the university which are directed in the interest of cooperatives. (4) Legislative appropriations to enhance the awareness and involvement of various minorities in cooperative business enterprises. (5) Income from courses, seminars, publications, and contractual services. (6) Contributions from cooperatives and other associated business organizations. (7) Grants and endowments received from private foundations, government agencies, and other public or private sources. (Amended by Stats. 1989, Ch. 668, Sec. 5.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 7. The Center for Cooperatives [92690 - 92698] SECTION 92698. Source version: id_0098f73b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=7.&article= No provision of this chapter shall apply to the University of California unless the Regents of the University of California, by resolution, makes that provision applicable. (Added by Stats. 1987, Ch. 1198, Sec. 1.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 9. Community-Based Health Professions Education Partnership Program [92720 - 92726] SECTION 92720. Source version: id_0098f73f-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=9.&article= The Legislature hereby finds and declares, as follows: (a) There is an inadequate supply of physicians, family nurse practitioners, and physician assistants who provide primary care to individuals and families in low-income urban and rural areas of California. (b) Current training for health professionals, which occurs almost exclusively in clinics and hospitals, rarely provides students with opportunities to provide community-based medical care to families in low-income neighborhoods. As a result, relatively few health professionals choose to practice in low-income neighborhoods after completion of their training. (c) Most medical graduates are unprepared to deal with the complex interwoven social, cultural, economic, environmental, and educational aspects of disease prevention and health promotion. As a result, health professionals frequently have limited impact on the prevention or treatment of entrenched community health problems, including teen pregnancy, substance abuse, and domestic violence. (d) Community-based education for health professionals has proven successful in other states, including Washington and Kentucky, in doing all of the following: (1) Increasing the number of primary care health professionals practicing in low-income areas. (2) Promoting the use of multi-disciplinary teams composed of health and human services professionals to jointly address community health problems. (e) It is in the state’s best interest that California medical schools be encouraged to develop coursework and practice for community-based education as a part of professional training for physicians, nurse practitioners, and physician assistants. It is further in the state’s best interest that community-based education programs be evaluated to determine their effects on increasing the number of health care professionals practicing in low-income, medically underserved communities. (Added by Stats. 1994, Ch. 648, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 9. Community-Based Health Professions Education Partnership Program [92720 - 92726] SECTION 92721. Source version: id_009a7de1-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=9.&article= (a) There is hereby established the Community-Based Health Professions Education Partnership Program to be administered by the University of California. (b) The purpose of the program shall be to encourage the development of undergraduate medical and other health professional clerkships in primary care that combine health education, human services, and community involvement. The Legislature’s goal, through these clerkships, is to increase the number of medical students who choose to enter residencies in primary care and to increase the number of health professionals who practice in primary care in low-income communities and medically underserved areas after their training programs are completed. (Added by Stats. 1994, Ch. 648, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 9. Community-Based Health Professions Education Partnership Program [92720 - 92726] SECTION 92722. Source version: id_009a7de3-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=9.&article= The university is requested to incorporate the following into the program: (a) A primary care clerkship as part of the undergraduate curriculum. (b) Opportunities for nurse practitioners and physician assistants that combine clinical experience with participation in multidisciplinary teams that include other health, education, and human services professionals charged with identifying and addressing community health problems. (c) Opportunities for students to be exposed to a comprehensive array of primary care health services—curative and preventive medicine, health promotion, and rehabilitation. (d) Opportunities that allow participants to serve as members of a multiservice health and human resource committee, or a comparable arrangement, that includes members from other public and private human services and educational agencies, for the purpose of offering integrated, comprehensive health, education, and human services to children and their families living in the community. (e) Opportunities that place students in community or neighborhood primary care clinics in low-income communities, as determined by the university, or medically underserved areas, as determined by the Office of Statewide Health Planning and Development, and that have a working relationship with an advisory board that is made up of representatives from the community being served. (f) Community involvement in the design and operation of the clerkship program, based on the identification of community needs and resources. (g) Culturally appropriate program governance, staff, and services. (Added by Stats. 1994, Ch. 648, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 9. Community-Based Health Professions Education Partnership Program [92720 - 92726] SECTION 92723. Source version: id_009a7de5-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=9.&article= The university is requested to track and report all of the following factors: (a) The percentage of medical students participating, after residency, in primary care in low-income communities, as determined by the university, or medically underserved areas, as determined by the Office of Statewide Health Planning and Development. (b) The rate of nurse practitioners and physician assistants who, after training, are employed in primary care practice or low-income communities, as determined by the university, or medically underserved areas, as determined by the Office of Statewide Health Planning and Development. (c) Whether the program has resulted in an increase in the rate of graduates practicing in low-income communities, as determined by the university, or medically underserved areas, as determined by the Office of Statewide Health Planning and Development. (Added by Stats. 1994, Ch. 648, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 9. Community-Based Health Professions Education Partnership Program [92720 - 92726] SECTION 92724. Source version: id_009a7de7-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=9.&article= The university shall evaluate and report all of the following to the Legislature and the Governor, commencing July 1, 1997, and biennially thereafter: (a) The percentage of medical student participants in the program who do either, or both, of the following: (1) Choose residencies in primary care. (2) After residency, practice in primary care. (b) The utilization of primary care medical facilities included in the program. (c) The historical utilization of emergency room facilities in neighborhoods served by the program one year prior to and one year after the implementation of the program. (d) The cost of providing health services to families served by the program. (e) The effectiveness of clinical and multidisciplinary training as components of professional education for physicians and surgeons, nurse practitioners, and physician assistants. (Added by Stats. 1994, Ch. 648, Sec. 1. Effective January 1, 1995.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 9. Community-Based Health Professions Education Partnership Program [92720 - 92726] SECTION 92725. Source version: id_009a7de9-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=9.&article= (a) The program shall be considered successful if, after implementation of the program, all of the following occur: (1) There is a 10 percent or greater increase in the rate of program graduates who choose to practice primary care over the average number of program graduates who chose to practice primary care during the previous five years. (2) There is a decrease in the use of emergency room facilities for nonemergency procedures by persons served by the program from the use of emergency room facilities for nonemergency procedures during the previous five years. (3) Families served by the program have received expanded health services without an increase in per capita health costs. (b) Based on the evaluation of the program by the university pursuant to Section 92724, the Office of Statewide Health Planning and Development, in consultation with the California Healthcare Workforce Policy Commission, shall recommend to the Legislature on or before January 1, 1998, whether funding for the program should be expanded to include other medical schools. (c) If the recommendation is made to expand the program pursuant to subdivision (b), it is the intent of the Legislature that the program be expanded to allow private medical schools and private schools of nursing to participate in the program in order to permit substantially all students who are training to become physicians and surgeons, nurse practitioners, or physician assistants to receive a portion of their training in a community-based education program. (Amended by Stats. 2003, Ch. 582, Sec. 5. Effective January 1, 2004.) ============================================================================== TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] DIVISION 9. UNIVERSITY OF CALIFORNIA [92000 - 93000] PART 57. UNIVERSITY OF CALIFORNIA [92000 - 93000] CHAPTER 9. Community-Based Health Professions Education Partnership Program [92720 - 92726] SECTION 92726. Source version: id_009c048b-291f-11d9-971e-9b808ee35dd0 Source: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&title=3.&division=9.&part=57.&chapter=9.&article= This chapter shall not apply to the University of California unless the Regents of the University of California, by resolution, make it applicable. (Added by Stats. 1994, Ch. 648, Sec. 1. Effective January 1, 1995.)